03-15-94OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, FL 33143
REGULAR CITY COMMISSION MEETING
March 15, 1994
7:30 p.m.
U
Next Commission Meeting: 4/5/94
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of
America
C. Presentations:
D. Items for Commission Consideration:
1) Approval of Minutes 3/1/94
2) City Manager's report
3) City Attorney's report
ORDINANCE - 2ND READING AND PUBLIC HEARING:
none
RESOLUTIONS FOR PUBLIC HEARING:
none
RESOLUTIONS• L�
4. A Resolution of the Mayor and the City Commission of the City
V�/of South Miami, Florida, authorizing the purchase of football
equipment for a total price not to exceed $11,621.62 by the
Recreation Department and charging the disbursement from
Account No. 2000 -5630q "Uniforms, Equipment - Football ".
�_ (Administration /Rec. ),., 3/5
!�. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to enter an
agreement with Dover, Kohl & Partners, Urban Designers, to
provide technical assistance relating to City Planning and
Urban Design for the 1993 -94 Fiscal Year. Funds for this
purpose are appropriated in Account No. 1610 -3110; "Planning
Consultant- Building & Zoning Department."
3 n4_ q4�& (Administration) 3/5
6. A Resolution of the Mayor and the City Commission of the City
of South Miami, Florida, establishing the SW 59th Avenue Trust
Fund. aANANcl
(Commissioner Cooper) 3/5
OFFICIAL AGENDA
March 15, 1994
page 2
RESOLUTIONS •
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the Public Works Department
purchase of miscellaneous parts and labor from Coral Gables
Deel Ford for repairs of police vehicle number 91 -12.
'n �i�th (Administration /P.W.) 3/5
8. A Resolution of the Mayor � City Commission of the City
of South Miami, Florida inviting qualified firms to submit
conceptual proposals for a cable and communications system
that will compete with the City's current cable operator's
system.
(Mayor Carver) 3/5
9. A Resolution of the Mayor and the City Commission of the City
of South Miami, Florida authorizing the City Manager to
execute an interlocal agreement for performance by
Metropolitan Dade County Department of Environmental Resources
(DERM) of Professional Services Associated with the five year
NPDES Operating Permit.
(Administration) 3/5
ORDINANCES - 1ST READING: d - �o PO
10. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida amending paragraph 20 -3.6 (H) of the Land
Development Code, providing for regulation of the height of
physical barriers, to include the term "Gates," to increase
the allowable height of physical barriers between vertical
supports from two (2) feet to three (3) feet, and to specify
that light fixtures do not count in the height calculation;
providing for severability; providing for ordinances in
conflict; and providing an effective date.
-_S; / a � (Vice -Mayor Young) 4/5
11. An Ord-in"a`/nce or t-he Mayor and City Commission of the City of
South Miami, Florida repealing Article II, Sections 19A -31
through 19A -52, of the Code of Ordinances, providing for the
Regulation of Tree Removal; providing for ordinances in
conflict; and providing an effective date.
(Mayor Carver) 3/5
OFFICIAL AGENDA
March 15, 1994
page 3
REMARKS:
none
PURSUANT TO FLA STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC
THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD,
AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS
MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE
PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
RECORD INCUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY
FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR
IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS
NOT OTHERWISE ALLOWED BY LAW.
i
C 2 TY O F S OUTH M2AM 2
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission
From: i li Fger mpton
City Man
?',I
Background
Date: March 10, 1994
3/15/94 Comm. Agenda - Item #6
Re: Resolution Creating Trust Fund For
Private Donations Re: Hometown Plan
SW 59 Ave. Project
With the implementation of the SW 59 Avenue project it has become
apparent that some.members of the public want to donate private
funds to assist in completing that project.
Prudent fiscal policy dictates that this type of donation should
not be co- mingled with government funds. By creating a trust fund
it is much easier to account for all expenditures on the 59 Avenue
project.
Recommendation:
1. Advantage to City: Allows the Administration to properly
account for the expenditure of donated funds.
2. Disadvantages to City: None
3. Staff recommends approval of this Resolution
4. Resolution does not impact any City Ordinance or Resolution
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
ESTABLISHING THE SW 59th AVE TRUST FUND.
WHEREAS, the South Miami City Commission accepted in principle
the document entitled the "Hometown Plan" by resolution no. 14 -93-
9358; and,
WHEREAS, the South Miami City Commission adopted ordinance no.
19 -93 -1545 on October 19, 1993, to implement the recommendations of
the Hometown Plan; and,
WHEREAS, the Initial Projects in the Hometown Plan (pp. 18 -19)
identify improvements to SW 59th AVE; and,
WHEREAS, the city desires to make the recommended improvements
to SW 59th AVE and to otherwise improve the aesthetic qualities of
the avenue, and private individuals and businesses desire to donate
funds to the projects; and,
WHEREAS, the city commission finds that it is desirable to
create a restricted account for the receipt and disbursement of
donated funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That there is hereby established a SW 59th AVE
trust fund, which will be an interest - bearing account, to accept
private and public donations to be used for improving the avenue in
a manner consistent with the Initial Projects identified in the
6
Hometown Plan and to otherwise improve the aesthetic qualities of
the avenue.
Section 2. In the event that funds remain in the account
after completion of the improvements refereed to in Section 1, the
balance may be transferred to another trust account that is created
for the purpose of funding improvements under the Hometown Plan.
PASSED AND ADOPTED this day of , 1994
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
SW59ave.res
r .1
2
APPROVED:
MAYOR
To:
From:
v
C= TY C�0 F SOUTH M Z AM 2
INTER - OFFICE MEMORANDUM
Mayor and City Commission
William F.mpton
City Manag r
Background:
Date: March 10, 1994
Re: 3/15/94 Commission Agenda -
Item #7 Repair of Police
Vehicle 91 -12
Police vehicle 91 -12 was damaged in a fire, causing $4,319.43
in damage. This vehicle is projected to have four more years
of useful life prior to being sold at auction. The vehicle
will eventually be assigned to less rigorous use in other
City department once it completes its police service.
Accordingly, I believe we should make repairs and get the
vehicle back on the road.
Deel Ford is the only vendor that agreed to immediately take
the car apart in the appropriate areas to ascertain the
extend of damage and give an estimate of repair costs.
Other vendors requested that the City tear down the vehicle
prior to bringing it to their garage for an estimate. That
requirement just was not practical. Accordingly, I selected
Deel Ford to make the repairs.
Recommendation:
1. Advantage to City: Vehicle will provide the Police
Department an additional two years of use prior to another
City department getting two more years of use for a total of
four years. When the vehicle is sold at auction it will
bring in more money than if sold in its present condition.
2. Disadvantages to City: None
3. The City Manager, recommends approval of this Resolution.
4) This Resolution does not impact any Ordinance or Resolutions.
1 9
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE PUBLIC WORKS DEPARTMENT
PURCHASE OF MISCELLANEOUS PARTS AND LABOR FROM
CORAL GABLES DEEL FORD FOR REPAIRS OF POLICE
VEHICLE NO. 91 -12.
WHEREAS, the City of South Miami police vehicle no. 91 -12
sustained damage and it has a useful life of 4 years; and,
WHEREAS, the only vendor that agreed to immediately take
the car apart in the appropriate areas to ascertain the extent of
damage and provide an estimate is Coral Gables Deel Ford; and,
WHEREAS, the estimate of damage is $4,319.43 and the City
previously budgeted in the 1993 -94 Public Works Department for
maintenance and repairs of City vehicles; and,
WHEREAS, Article III, Section 5 H of the City Charter
requires competitive bids from at least three different sources of
supply, if available, such determination is to be made by the
Commission; and,
WHEREAS, pursuant to the budgetary authorization, the
Public Works Department obtained a cost of $4,319.43 from Coral
Gables Deel Ford, being the sole source of supply that agree to
immediately take the car apart• in the appropriate areas to
ascertain the extent of damage and give an estimate.
v
�14
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
INVITING QUALIFIED FIRMS TO SUBMIT CONCEPTUAL
PROPOSALS FOR A CABLE AND COMMUNICATIONS
SYSTEM THAT WILL COMPETE WITH THE CITY'S
CURRENT CABLE OPERATOR'S SYSTEM.
WHEREAS, the residents and the businesses of the City of South
Miami receive cable television service from Cable Satellite of
South Miami, Inc. under a franchise agreement with the city; and,
WHEREAS, the City of South Miami is authorized by law to grant
franchises to additional operators to compete directly with the
current cable operator's system; and,
WHEREAS, the Mayor and the City Commission find that granting
an additional franchise will benefit the residents and the
businesses of the city by fostering direct competition between
operators regarding rates, customer service, increased channel
capacity and program selection, coverage of public affairs, and
availability of state of the art technology.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That experienced, qualified firms (including,
without limitation, cable television operators, SMATV operators,
telephone companies, and other operators) are invited to submit
conceptual proposals for a privately owned or a public /private
joint venture with the city, or a city owned, professionally
managed, cable and communications system that will compete directly
� 4
with the city's current cable operator's system and which will be
designed to be capable, at a minimum, of providing the following
services to the city's residents and businesses:
(1) A state of the art fiber based or other
technologically advanced cable television,
broadband communications system which, at a
minimum, is capable of providing at least 75
channels of video/entertainment programming.
(2) The system should also be capable of providing
each of the following optional additional
services:
(a) Two -way data transmission for wide area networking;
Residential and commercial security;
(b) Medical alert for the confined or immobile
residents;
(c) Separate dedicated channels for government,.
education, public access and leased public access
programming, including state of the art production
equipment and facilities; and
(d) Any other technologically achievable and user -
friendly services that can be delivered to the city's
residents on a cost effective basis through the proposed
system.
Section 2. That this invitation to submit conceptual
proposals shall not operate or be construed to create any
F
contractual or statutory rights on the part of the proposers, nor
any duty on the part of the city to negotiate with the proposers.
Section 3. That the city manager, in consultation with
special counsel, shall publish and implement this invitation and
they shall provide reports and recommendations to the mayor and the
city commission.
PASSED AND ADOPTED this day of , 1994
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
cabletv.rea
3
APPROVED:
MAYOR
A
To:
7rom:
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
Mayor and City Commission
Vallia Hampton
City Manager
Background:
Date: March 11, 1994
3/15/94 Comm. Agenda
sub: Item #9 - Reso. Autho.
Interlocal Agreement
with Dade County
Re: Stormwater Drainage System
The Federal Government has mandated that all State and local
Governments establish a National Pollutant Discharge Elimination
System, i.e., Stormwater Drainage.
Because it would not be cost benefit for the City to employ its own
experts to comply with the Federal mandate, we have signed an
Interlocal Agreement with Dade County to provide:
a) A system of monitoring all drain pipes emptying into our
canals, lakes, waterways and storm drains.
b) To clean and maintain the City's canals and lakes.
c) This Resolution and Interlocal Agreement permits Dade
County DERM to perform the actual testing and chemical
analysis of all drainage emptying into our canals, lakes
and storm drains.
Recommendation:
1. Advantaae to City:
The County's Biologist, Chemists and other expert staff
will perform tests on our waterways rather than the City
having to employ individuals or consultants to perform
said work.
2. Disadvantage to City:
None
3. Staff recommends approval of this Resolution
4. The Resolution does not impact any existing Resolution or
Ordinance.
LS
Og of South Miami
6130 Sunset Drive. South Miami. Florida 33143 663.6300
March 10, 1994
Mr. Bill Hampton
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: NPDES Operating Permit
Interlocal Agreement Between DERM and City of South Miami
Dear Mr. Hampton:
I reviewed the proposed Interlocal Agreement. I make the
following comments:
1. EPA regulations require counties and municipalities with
populations exceeding 100,000 to obtain NPDES permits for
storm water discharges. The municipalities are required
to submit a storm water management plan. Dade County is
preparing an area -wide plan which includes the City of
South Miami;
2. Dade County, Florida DOT, and 20 Dade municipalities will
submit a group application. An NPDES individual permit
will be issued to the city;
3. Dade County will install monitoring equipment, and
through a consultant, it will provide sampling, analysis
and data presentation. The data will identify the storm
water volumes and contaminant loadings at the individual
outfalls. The data will be used in developing Best
Management Practices to reduce contamination of surface
waters;
4. The compensation formula is fair and equitable. The
costs are allocated to Dade County, FDOT, and the
municipalities pro rata, based on the number of outfalls
within the jurisdictions. Capital costs of monitoring
equipment are born by the county. It receives EPA
matching grants. Charges to the participants include
9 "City of Pleasant Living
i
u
Mr. Bill Hampton
March 10, 1994
Page 2
maintenance, sampling, analysis, data base and reporting
charges;
5. The Interlocal Agreement is legally sufficient; and,
6. DERM's declination to accept limitation of liability
and arbitration clauses is not material in this
instance..
EGG:sgs
9467npds.ltr
Very y yours,
arl G. Gallop
�i
Department of Transportation, and 20 municipalities, and, (d) the
city's share of the cost is $1,800.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the city manager is authorized to execute
the interlocal agreement with Metropolitan Dade County for
performance by DERM of professional monitoring services associated
with the 5 -year NPDES operating permit.
PASSED AND ADOPTED this day of , 1994
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
HPDSS.res
L
APPROVED:
MAYOR
INTERLOCAL AGREEMENT FOR PERFORMANCE BY
METROPOLITAN DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT (DERM)
OF PROFESSIONAL SERVICES ASSOCIATED WITH
THE FIVE YEAR NPDES OPERATING PERMIT
BY THE CITY OF SOUTH MIAMI AND DERM
This Interlocal Agreement ( "Agreement ") is made and entered
into this day of , 1994, by and between
Metropolitan Dade County, through its Department of Environmental
Resources Management (DERM) (hereinafter sometimes referred to
collectively as the "COUNTY "] and the City of South Miami,
[hereinafter sometimes referred to as the "CITY•], in order that
the City may be included as a co- permittee as provided under the
Environmental Protection Agency [hereinafter "EPA"] National
Pollutant Discharge Elimination System (hereinafter - NPDES"]
Permit Application Regulations for Storm Water Discharges; Final
Rule [hereinafter " NPDES Final Rule "], and that the professional
services required to accomplish the tasks set forth in the NPDES
Final Rule and the NPDES Operating Permit may be initiated and
performed on behalf of both the CITY and the COUNTY as
co- permittees.
Section I
Definitions
For purposes of this Agreement, the following terms shall
apply:
Agreement shall mean this document, including any written
amendments thereto, and other written documents or parts thereof
which are expressly incorporated herein by reference.
CI'T'Y shall mean the City of South Miami, by and through its
City Manager.
COUNTY shall mean Metropolitan Dade County, by and through
its Department of Environmental Resources Management ("DERM").
FORCE MAJEURE shall mean an act of God, epidemic, lightning,
earthquake, fire, explosion, hurricane, flood or similar
occurrence, strike, an act of a public enemy, or blockade,
insurrection, riot, general arrest or restraint of government and
people, civil disturbance or similar occurrence, which has had or
may reasonably be expected to have a material adverse effect on
the rights or obligations under this Agreement.
�l
y
In all other instances, terms used in this Agreement shall
have the definitions contained in the EPA NPDES Final Rule 40 CFR
Parts 122, 123 and 124 (Attachment "A "), incorporated herein by
reference.
Section II
Term of Agreement
The term of this Agreement shall commence with the date of
execution, and shall expire on November 16, 2000.
Section III
Scope of Work
The parties hereto stipulate and agree that the EPA is
requiring as part of a five year NPDES Operating Permit the
sampling, monitoring, and analyzation (hereinafter "analysis•) of
a variety of storm sewer systems throughout Dade County. The
parties hereby agree that the costs attributable to implementation
of this operating permit shall be the joint responsibility of all
participating municipalities, and shall be based on a percentage
rate obtained by dividing the number of outfalls that drain to
United States bodies of water existing in each participating
municipality by the total number of outfalls existing within the
geographic boundaries of all co- permittees.
Section IV
COUNTY's Obligations
Compliance with NPDES Ongratina Permit The COUNTY shall
perform all analysis and related activities as required in Dade
County's NPDES Operating Permit (hereinafter "NPDES Permit').
Permits The COUNTY shall obtain all applicable federal,
state and local permits and approvals (with the exception of CITY
permits and approvals, if any, which shall be obtained by the
CITY) which are required in order to conduct activities required
under the NPDES Permit.
Report The COUNTY shall provide the CITY with a report which
shall set forth the CITY's obligations under the NPDES Permit and
the results of all monitoring and sampling activities required
under the NPDES Permit.
Notice of DERM Meetina(s) The COUNTY shall provide the CITY
with oral or written notice of all regular meetings held by DERM
staff for the purpose of reviewing the compliance status with the
NPDES Permit.
Section V
CITY's Obligations
Submittal of Outfall information The CITY agrees to provide
the COUNTY with outfall update information as promptly as any
changes in outfalls occur, in order that the data maintained by
the COUNTY may be accurate and current.
Prevention of Theft of COUNTY Eauinment The CITY shall take
reasonable steps to prevent theft or vandalism of COUNTY equipment
located within the CITY's jurisdiction. The CITY acknowledges
that such equipment may be placed within the CITY's area of
jurisdiction for extended periods of time, as necessary to
complete the sampling and monitoring tasks contemplated by this
Agreement and the NPDES Permit.
Compensation Within ten (10) days from the date of
execution of this Agreement, the CITY shall make a lump sum
payment to the COUNTY of its proportional share of the payment due
to the COUNTY for associated monitoring activities which are the
CITY's financial obligation pursuant to this Agreement. The sum
due shall be determined by dividing the total cost for analysis
by the relative percentages that each participating municipality
contributes towards stormwater drainage to United States bodies of
water. It is hereby stipulated and agreed that the total cost for
analysis is a yearly stipend. The yearly cost as calculated will
be subsequently due on the anniversary date of execution of this
Agreement in years two (2) , three (3) , four (4) , and five (5) of
the five year NPDES Permit. Failure to pay the agreed -upon lump
sum payment or subsequent payments shall be deemed default by the
CITY pursuant to this Agreement, and shall result in a reversion
of the CITY's NPDES Permit status to Individual Permit Holder. As
of June 1, 1993, twenty (20) cities and the Florida Department of
Transportation (FDOT) have indicated their participation as
co- permittees in the NPDES Final Rule process. Therefore, based
on these commitments, the proportional share of each co- permittee
has been calculated and is listed on Attachment "B °.
Hold Harmless The CITY shall hold harmless the COUNTY from
any and all damages or other liability incurred by the CITY by
virtue of any action which might be taken by EPA against the CITY
based upon the results obtained during the sampling and reporting
set forth by the Part 2 EPA NPDES Final Rule process, or by any
results obtained during the five year term of the NPDES Permit.
;N
Access /City Permits The CITY shall provide the COUNTY with
reasonable access at all times as necessarl to accomplish the
analysis of any storm sewer systems whic.1 may be located within
the CITY's jurisdiction. The CITY shall obtain any CITY permits
and CITY regulatory approvals required in order for the COUNTY to
accomplish the above activities that may be located within the
CITY's jurisdiction.
Section VI
County Event of Default
Without limitation, the failure by the COUNTY to
substantially fulfill any of its material obligations in
accordance with this Agreement, unless justified by Force Majeure,
shall constitute a "COUNTY event of default
If a COUNTY event of default
have all of the following rights
exercise singly or in combination:
should occur, the CITY shall
and remedies which it may
1. the right to declare that this Agreement together
with all rights granted to COUNTY hereunder are terminated,
effective upon such date as is designated by the CITY;
2. any and all rights provided under federal laws and
the laws of the State of Florida.
Section VII
City Event of Default
In addition to the provisions set forth in Section V,
Compensation, and without limitation, the failure by the CITY to
substantially fulfill any of its material obligations in
accordance with this Agreement, unless justified by Force Majeure,
shall constitute a "City Event of Default ".
If a City Event of Default should occur, the COUNTY shall
have all of the following rights and remedies which it may
exercise singularly-or in combination:
1. the right to declare that this Agreement together
with all rights granted to CITY hereunder are terminated,
effective upon such date as is designated by the COUNTY;
2. any and all rights provided under federal laws and
the laws of the State of Florida.
Vi
Section VIII
General Provisions
Authorization c Represent CI'T'Y in NPDES ?ermit The CITY
hereby authorizes the COUNTY to act on its behalf with respect to
the monitoring and sampling portions of the NPDES Permit and shall
comply with all requirements imposed by EPA with respect thereto
as a condition of the NPDES Permit.
Attendance at DERM Permit Review Meetings The CITY may, but
is not required to, attend any or all regular meetings held by
DERM staff for the purpose of reviewing the status of the NPDES
Permit.
Termination Either party may terminate this Agreement
without cause by providing sixty (60) days prior written notice of
intent to, terminate -to the other party. The CITY shall be
entitled to reimbursement of monies paid to the COUNTY only in the
event of termination for cause by the CITY, or termination without
cause by the COUNTY, and the CITY shall then be entitled to such
reimbursement only to the extent that services providing
information useful to the NPDES Permit have not been rendered by
the COUNTY. Upon termination by either party, the NPDES Permit
status of the City shall revert to Individual Permit Holder.
Entire Agreement: Prior Agreements Superseded; Amendment to
Agreement This Agreement incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and
understandings applicable to the matters contained herein. The
parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement
that are not contained in this Agreement, and that this Agreement
contains the entire agreement between the parties as to matters
contained herein. Accordingly, it is agreed that no deviation
from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is
further agreed that any oral representations or :modifications
concerning this Agreement shall be of no force or effect, and that
this Agreement may be modified, altered or amended only by a
written amendment duly executed by the parties hereto or their
representatives.
Headings Captions and headings in this Agreement are for
ease of reference only and do not constitute a part of this
Agreement and shall not affect the meaning or interpretation of
any provisions herein.
F1
Notices and ADtaroval Notices and approvals required or
contemplated by this Agreement shall be written and personally
served or mailed, registered or certified United States mail, with
return receipt requested, addressed to the parties as follows:
To County:
Dade County Department of Environmental
Resources Management
33 S.W. 2 Ave, Suite 1200
Miami, Florida 33130
Attn: Department Director
305/372 -6789
To City:
Performance by Parties Except as otherwise provided in this
Agreement, in the event of any dispute arising over the provisions
of this Agreement, the parties shall proceed with the timely
performance of their obligations during the pendency of any legal
or other similar proceedings to resolve such dispute.
Rights of Others Nothing in the Agreement express or implied
is intended to confer upon any person other than the parties
hereto any rights or remedies under or by reason of this
Agreement.
Time is of Essence It is mutually agreed that time is of the
essence in the performance of all terms and conditions to be met
and performed pursuant to this Agreement.
Governina Law This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
The COUNTY and the CITY agree to submit to service of process and
jurisdiction of the State of Florida for any controversy or claim
arising out of or relating to this Agreement or a breach of this
Agreement. Venue for any court action between the parties for any
such controversy arising from or related to this Agreement shall
be in the Eleventh Judicial Circuit in and for Dade County,
Florida, or in the United States District Court for the Southern
District of Florida, in Dade County, Florida.
G
= C= T Y O F S OUTH M= AM =
T7INTER- OFFICE MEMORANDUM
To: Mayor and Cit mn[ission Date: March 10, 1994
•
/Cillia 3/15/94 Comm. Agenda - Item #10 Ord.
From. Hampton Re: Amending Sec. 20- 3.6(H) of the Land
City Manager Dev. Code Increasing the Height of
Fences & Vertical Supports
10
This is the first reading of an Ordinance that if adopted will
allow the following:
Current
a) Fences - 0' to 4' solid
- 4' to 6' must have
60% open area
- Total ht. 610"
b) Vertical
Supports - Same as above
c) Gates - Not mentioned in
current Ord.
Proposed
- 0' to 4' solid
- 4' to 7' must have
min. 600 open
area
- Total ht. 710"
- Same as current Ord. except
light fixtures not included
in ht. calculation
- Added to Ord. must have
minimum 60% open area
may be 710" in ht.
This is the fourth time in 3 -1/2 years this Section of the
Ordinance has been changed.
Recommendation:
1. Advantage to City: The prime advantage if this Ordinance is
enacted is that homeowners will have more flexibility in selecting
the height of fences, gates and vertical support columns.
2. Disadvantages to City: None
3. Staff recommends adoption of this Resolution
4. This Resolution ammends Section 20- 3.6(H) of the City Code
C= TY O F S OUTH M =AM2
INTER - OFFICE MEMORANDUM
To: Mayor Neil Carver Date: February 25, 1994
From: 'William/F7 ampton Re: Tree Ordinance Recommendation
City Man er
I am inclined to agree with the recommendation made by the Building
and Zoning Director in the attached memorandum.
We would like to discuss the proposal with you in the near future.
WFH:er
11
7"TER- '''FFICE
.,.il =iam F. Hampton
•= '•tanager
Froro: "` tili�nfis, ?ICP
birector of Building, Zoning &
Community Development Dept
Vie: 7 -ae Cirdinance
Enforcement
Please consider the following option for improvement of services
provided to our :citizens concerning tree permits.
The Metropolitan Dade County Tree Ordinance adopted Feb 21, 1989,
provides municipalities the option to either enforce the tree
ordinance or to allow Countv enforcement. Originally, the City
was very concerned with the ability of .he "ount•_• ro effectively
z-nforce rhe- ordinance and protect `reps within r.. ",e c" t :•.
Over time, the City has requested assistance and input concerning
tree review from the County. Professional assistance has always
been very prompt, often on the same day, including site visits.
County staff are highly trained specialists (biologists, etc.),
and have proven to be very capable from my experience. Comparing
both the number of staff and the quality- of expertise, the County
can better serve the citizens of South Miami with respect to tree
permitting and guidance than can our own small Department.
The county will not enforce the City Tree Ordinance; however, the
city may desire to rescind this ordinance due to enforcement and
interpretation difficulties already experienced. "vacancies in
~he membership of the Tree Committee established b•: 'he Ordinance
:!ave 3ireadv ?:-,ceeded one .•ear nd no reeti ^gs havp -,een held.
:.Quid like `o meet with ynu on +:his !Matter, sa r:hat we can
(A1SCuss rescission of the :'ity's Tree Ordinance, which would
involve c)rdinance development and Public Hearing, 10%, the Planning
Board Pnd City Commission.
:c: Bi11 Mackev
Planner
Kathy %'azquez
Chief Code Enforcement Officer
M
M MANAGER'S OFFICE-
• . . , ORDINANCE NO. G -92 -1499
AN ORDINANCE OF THE MAYOR AMD CITY COMMISSION OF THE
CITY OF SOun MIAMI, FLORID].; AMENDING THE TRLL
COMMITTZE ORDINANCE BY PROVIDING FURTHER DEFINITIONS;
INCR2191ING MINIMUM HEIGHT 07 RZPLACZMW TRIms TO 8
Fi=T; PROVIDING FOR LIABILITY tOR RZPLICEMENT AND /OR
REPAIR COSTS OF UP TO $1,D00.00 PXR TWM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCZS IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by ordinance No. 6 -91 -1471 passed an March 5, 1991
the City of south Miami enacted a Tree Ordinance; and
WHEREAS, thereafter the Tree Committee established
thereunder has recommended esrta:a csod:fications to the Ordinance
as set forth in the following proposed amended Ordinance; and
WHEREAS, the Mayor and City Crmmiesion wish to adopt the
suggested modifications to the 1-aee Committee Ordinance;
NOW, THEREFORE, HE IT ORDAINS;; BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA►:
section 1 Detinitions.
street Trees: "Street trees" are herein defined as trees,
on land lying between property lines on either side of all streets, avenues, or
ways within the City.
Patk Trees: "parts Trees" are herein defined as trees,
in public parks, and all areas owned by the City, and /or to
whicn the public has free access.
Residential and _Commercial Treel: "Residential. and
commercial trees" are herein defined as trees, on
private residential and commercial property within the City.
gusimen -Titu "Specimen Tree" shall mean a trot with-any
individual trunk which has a DIM (diameter breast height) of
eight inches or greater, exclusive of all trees listed as
"noxious" on the approved tree list of the City. DBM steal: mean
the diameter of a tree's trunk measured at a point four and an*-
half fact above the ground surface.
11
0 the establisned Official Tree List for recommended additions and
deletions, and shall submit its findings to the Commission. The
Committee shall act only in an advisory capacity and the City
Commission is not bound by their recommendations.
Section 6. Operation. The Committee shall choose its own
Chair and Vice -Chair and regulations and keep minutes of its
findings. A maiority of the members shall be a quorum for the
tzansartion of business.
Section 7. Minimum Standards. The City of South Miami
sha], adopt as minimum standards, except as herein nhated, and
shalt onforce the Code of Metropolitan Dade County,.rlctida,
Ordinarce No. 89 -8, Section 8CC -10 (relating to Code
Enforcement), and the Metropolitan Dade County Environmental
Pzotwction ordinanapa, excluding °action 24 -6C.8. Application
or parmits, requests for variances and extensions a- time, and
payments of penalties and fines as ordained by the County
ordinances shall be to the City of South Miami. The Commission
of the City of South Miami may enact such additional regulations
and tequirements for the preservations of the trees and
environment as they may deem necessary.
Section e. official Tree List. The attached list
constitutes the Official Tree List for South Miami, Florida.
Species included on the "noxious tree list" shall not be planted
under any circumstances in South Miami. Approved tree species in
the lint shall be used for planting as follows:
Public Lands: All future Street and Park tree species
planted in_the City of South Miami are to be selected from the
Official-tree List.
Residential: The City shall permit the planting of trees on
residential property without a permit or further review, so long
as no tree included in the Noxious Tree List is utilized.
Commercial 4nd. Residential: all landscape plans as required
by applicable building codes, and all tree removal and replace-
I/ 3
section 12. Distance from Street Corners and Firepluos. No
Street. Tree shall be planted closer than 20 feet of any street
corner, measured from the point of nearest intersecting ..:srbs or
curb- lines. No street tree shall be planted closer than 20 '_eet
of any :irepluq.
Section 14. Public Tree Care. The City shall have the
right to plant, prune, maintain and remove trees, plants and
shrubs within the lines of all streets, alley, avenues, lanes,
squares and public grounds, as may be necessary to insure public
swfpty or to prnserve or enhance the aesthetic environment and
beauty of public grounds. The City Tree Committee shall
review the nEad for remo-tal of any tree or part thereof on public
or commercial prarerti,, and make recommendations to the City,
wit. respect to trees in an unsatu condition or which by reason
of its nr.ture is injurious to sewers, electric power lines, water
lines or other public improvements, or is affected with injurious
fungus, insect or other pests. Private individuals shall not
plant or landscape Public lands, nor remove, move or prune roots
or tree limbs in excess of 2" (two inches) in diameter without a
permit from the City of South Miami.
Section 15. Distance from Utility Easement. No street tree
other than that listed as small or medium in the Official List of
this Ordinance may be planted under or within 20 lateral feet,
except for palm trees, which may be planted within 15 feet, of
any overhead utility easement or over or within five lateral feet
of any underground water line, sewer line, transmission line or
other utility.
Section 16. Hatracking Prohibited. It shall be unlawful
for any person, firm, at City Department to top or "hatzack" any
street, park, commercial, and residential tree. Topping or
"hatzacking" is defined as the severe cutting back of limbs to
stubs larger than three inches in diameter within the tree's
crown to such a degree to as to remove the normal canopy and
disfigure the tree. Tzeez severely damaged by stores or other
5
II
+ , + liability insurance in the minimum amounts of S50,000 !or bodily
inyury and 5100,000.00 property damage indemnifying the City or
any person injured or damaged resulting from the pursuit of Such
endeavors an herein described. Tree services and arborists shall
be issued, prior to or at the time of license Issuance, a copy of
The National Arborist Association pamphlets titled "Fine
Pruning ", "Standard Pruning ", "Hazard Pruning ", and "Crown
Reduction Pruning", (Copyright 1989) and approved for
distribi3tion by N. A. A. by the City of Stuth Miami. Failure to
comply with approved pruning and trimming standards and with all
nther provisions of this Ordinance. will result in a fine of up
to 5250.00 per day, per tree andior loss• of license.
Section 20. Hazardous Practices. :t shall be unlawful to
:oot prune or othervice: deatzoy the root system of . tree by any
means, including construction site preparation, so as to cause
the decline or death of the tree or to cause it to become
unstable and a hazard in high winds. The exception to this rule
would be to root prune for safe removal to another site with
appropriate reduction of canopy to lessen the stress of the move
at to protect utilities, structures, or slabs.
Section 21. Time Limits and Care of Replacement Trees.
Except at new construction sites, all required replacement trees
as specified in this ordinance shall be planted within 90 days.
Trees shall remain under the care of the entity or person respon-
sible for the planting for a period of one year. Any tree that
dies or becomes nonviable within one year shall be replaced
according to the standards set forth in this Ordinance.
Trees removed for new construction shall be replaced as specified
in this ordinance, except the time limit shall be extended until
the completinn of construction, but shall be completed prior to
the issnanno of a certificate of occupancy. Preservation of
Specimen Trees and Native Trees shall be given top priority.
7
r j
/I
::TY OF SOUTH MIAMI T;ET_
:arts, _treets ano Commercial
Meeium ane Small Non - dative IEzotic' Trees (less than 30' overall,
Sotamcal 'tame
Comno' n Name
Max. !'.xe
Rate
*"Somoax pentancra 0
Caramcola
-s0' x 20'
M
9ulnesia aroora *
Lipstick Tree
' =' x 10'
M
Cassia fistula (Yellow) *
Lacy of the nignt
10' x 5'
M
Cassia javonica (Pink)
Jamaca Jasmine
15' x 10'
M
Caesaloinia mexicana
Dwarf Poinciana
15' x 10'
M
Caesaloinia ouicnerima
Dwarf Poinciana
15' x 10'
F
Cap :ia- surattensis
Scrambled Egg Tree
20' % 15'
M
Cassia oeareana
Bear's Cassia
20' x 15'
M
Clerocencrum minanassae-
Tube Tree
it x Z'
M
:lusia guttifera
Small leaf Clusia
2 = x 20'
M
**Oelonix renia
Varies
caries
M
: ,)rcia boissieri
White Texas Olive
25' x 20'
M
ir`onotrya jaoonia
Loquat
=0' x 15'
M
JatToona nastata
Red Jatropna
15' x 10'
F
Laverstroemaa inoica +
Crape Myrtle
20' % 10'
M
Moringa oleifera
Horseradish Tree
20' " 15'
M
Pachira aouatica
Trovical,Aogwood
10' < 5'
M
Hurrays oani!:uiata -
Orange Jasmine
15' X 15'
M
Pimenta dioica *
Jerusalem Thorn
20' Y 115'
M
Podocarous gracilior *
Frangipani Tree
25' x ZO'
M
Psidium littoraie
Catteya Guava
15' x 10'
M
Sabinea carinalis
Carib Hood
15' x 10'
M
Senna oolypnylla
Twin Senna
15' x 10'
S
5esoania graneiflora
Hummingbird Tree
25' x 20'
M
Tabeouia caraioa a
Yellow Tabebuia
20' x 15'
M
Larne Non- Native (Exotic! ' -ees (more than 30' overall)
**9ommax Ceiba I
Red Silk Cotton
1001+
F
*"Somoax pentancra 0
Great Bombax Tree
1001+
F
9ulnesia aroora *
Yellow Vera
50' x 30'
M
Cassia fistula (Yellow) *
Golden Shower
60' x 30'
M
Cassia javonica (Pink)
Pink Poinciana
50' x 50'
M
Pink /Yellow Shower
50' x 50'
M
—Ceiba pentanara or so. f
Kapok Tree
90' x 50'
M
"Chorisia seen osa f
Pink Chorisia
60' x 40'
M
Star Apple
50' x 30'
M
Yellow Buttercup
40' x 20'
M
-
Various species
301+
F
**Oelonix renia
Royal Poinciana
50' x 50'
F
Jacaranca acutifolia
Jacaranda
50' x 30'
M
Laqerstroemia soeciosa ►
Tree Crape Myrtle
50' x 30'
S
Loncnocarvus violaceous
Lancepod
30' x ZO'
_ M
Lysiloma sabicu
Weeping Sabicu-
40' x 20'
M
Manilkara zacota-
Sapodilla
80' x 40'
M
Pachira aouatica
Guiana Chestnut
40' x 30'
M
Peltopnorum dubium *
Yellow Poinciana
70' x 40'
F
Pimenta dioica *
Allspice
40' x 15'
M
Podocarous gracilior *
Weeping Pod ocarpus
60' x 30'
M
Pongamia oinnata *!
Pongam
40' x 30'
M
Shaving Brush Tree
40' x 30'
F
African Tulip Tree
60' x 20'
F
Tabeouia heterooth►lla *
Pink Tabebuia
40' x 20'
M
'+ abeouia so.
Various Species
300+
M
s '• G
It
CITY OF SOUTH MIAMI -REE _iST
Parxs, Streets ano Commercial
Daae
Common name
•�T 9ischofia
Umbrella Tree
Brazilian 'epper
Mela'eucs
Australian Pint
NOXIOUS TREE:
Botanical name
Bischofia javanica
Brassia aatinophylla
Schinus trebinthifolius
Melaleuca leucadendrum
Casuarina equisetifalia