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07-26-94Mayor: Vice Mayor: T7 Neil Carver R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMMSSION AGENDA Regular City Commission Meeting Meeting date: July 26, 1994 6130 Sunset Drive, So. Miami, FL Next Meeting date: August 2, 1994 Phone: (305) 663 -6340 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 INCLUDES 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. CITY OF SOUTH MIAMI ORDINANCE NO. 6 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE THE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION, TO FILL OUT THE APPROPRIATE FORM AND FILE IT WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES. CALL TO ORDER A. Invocation B. Pledge of Allegiance to the Flag of the United States of America C. Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - July 19, 1994 2) City Manager's Report 3) City Attorney's Report none none ORDINANCES - SECOND READING AND PUBLIC HEARING RESOLUTIONS FOR PUBLIC HEARING RESOLUTIONS 4. A Resolution of the City of South Miami, Florida, providing for a policy concerning fence types to be permitted under adopted Ordinance No. 7 -94 -1556; providing for a policy concerning the height of hedges and the maintenance of existing hedges; providing for a policy concerning vines; and providing for a policy concerning light fixtures. (Administration) 3/5 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City to enter into an agreement with the State of Florida, Department of Community Affairs, via The Evaluation and Appraisal Report Assistance Program Contract. (Administration /City Attorney Gallop) 3/5 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse the sum of $9,130 to SOS Plumbing for additional work performed at South Miami Field, City Hall Complex and Public Works yard for the cleaning of catch basins and charge it to Account No. 11- 1730 -4640: "Stormwater Drainage Trust Fund - Maintenance; repair- streets and drainage." (Administration /PW) 3/5 ORDINANCES - FIRST READING 7. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 20- 4.4(F)(2)(c) of the Land Development Code to reduce the minimum required lease term and to simplify procedures and conditions for leased off - site parking; providing for severability; providing for ordinances in conflict; providing for an effective date. (City Attorney Gallop) 4/5 REMARKS Christopher Cooke - Yarborough, to speak re: Purchase Land for Park. A July 26, 1994 page 2 To: From: 'dmlh� CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM Mayor & ommission - °William v. Hampton City Manager F -M 1 Date: July 19, 1994 7/26/94 Commission Agenda Re: Item #4 : Resolution to Set Policies for Physical Barriers, Vines, Lights ... The City Administration has been approached on various occasions by applicants for permits, citizens and members of the general public requesting interpretations concerning the regulation of physical barriers. Often, these inquiries center around the "intent" of the legislation. To better communicate the intent of these regulations, the Administration proposes the following resolution so that the City Commission may express its legislative intent and provide direction and guidance to staff. 1. Advantage to City: Provides for clarification of the Land Development Code. 2. Disadvantages to City: None. 3. This Resolution is sponsored by Administration. 4. This Resolution refers to § 20-3.6 (H)(2)(c) and § 20 -2.3 of the Land Development Code. RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A POLICY CONCERNING FENCE TYPES TO BE PERMITTED UNDER ADOPTED ORDINANCE NO. 7 -94 -1556; PROVIDING FOR A POLICY CONCERNING THE HEIGHT OF HEDGES AND THE MAINTENANCE OF EXISTING HEDGES; PROVIDING FOR A POLICY CONCERNING VINES; AND PROVIDING FOR A POLICY CONCERNING LIGHT FIXTURES. WHEREAS, the City of South Miami amended Section 20-3.6 (11)(2)(c) Physical Barriers of the Land Development Code on April 19, 1994, via Ordinance No. 7 -94 -1556, which established language regulating the height of fences along rights -of -way as follows: In required yards adjacent to a right -of -way, fences, walls, trellises, gates and hedges shall not exceed , four (4) . feet in height above grade. Fences and walls may be increased by two (2) feet in height above grade and gates may be increased by three (3) feet above grade provided that the upper two (2) feet of the fence or wall surface and the upper three (3) feet of the gate between vertical supports is designed as a uniform pattern with a minimum of sixty (60) percent open area. WHEREAS, the Building, Zoning & Community Development Department regularly receives inquiries regarding the interpretation of said Section 20-3.6 (H)(2)(c); and, WHEREAS, the City Attorney has advised the Department to seek direct input from the City Commission concerning the interpretation of "uniform pattern"; WHEREAS, the City of South Miami previously enacted Ordinance No. 12 -90 -1452 on July 24, 1990, which reduced the height of hedges along rights -of -way to four feet in height; WHEREAS, the City of South Miami permits vines as defined under Section 20 -2.3 which includes the following statement: ... Vines may be used in conjunction with fences, screens and walls to meet physical barrier requirements as specified. WHEREAS, the City Administration desires to specify herein that vines are exempt from the 60% open area minimum, because enforcement of foliage density is not feasible; and, WHEREAS. the City Administration desires to establish a policy concerning the height of light fixtures that may be permitted above the maximum height limit for physical barriers; THEREFORE, BE IT RESOLVED BY THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the attached "Exhibit A: EXAMPLES OF ACCEPTABLE PHYSICAL BARRIERS" be, and is hereby, accepted as containing examples of physical barriers which meet the criteria of § 20 -3.6 (H)(2)(c). Section 2 That the attached "Exhibit B: EXAMPLES OF ACCEPTABLE PHYSICAL BARRIERS" be, and is hereby, accepted as containing examples of physical barriers which meet the criteria of § 20 -3.6 (H)(2)(c). Section 3. That the attached "Exhibit C: EXAMPLES OF UNACCEPTABLE PHYSICAL BARRIERS" be, and is hereby, accepted as containing examples of physical barriers which do .NOT meet the criteria of § 20 -3.6 (H)(2)(c). Section 4. That the attached "Exhibit D: EXAMPLES OF ACCEPTABLE PHYSICAL BARRIERS" be, and is hereby, accepted as containing examples of physical barriers which meet the criteria of § 20 -3.6 (H)(2)(c). Section 5. That the attached "Exhibit E: EXAMPLES OF UNACCEPTABLE PHYSICAL BARRIERS" be, and is hereby, accepted as containing examples of physical barriers which do NOT meet the criteria of § 20 -3.6 (H)(2)(c). Section 6. That all hedges and trellises cannot exceed four feet in height along rights -of- way as stated in Section 20 -3.6 (H)(2)(c) and that this is the intent of the regulation. Section 7. That hedges maintained at six feet in height since the adoption of Ordinance No. 12 -90 -1452, on July 24, 1990, which were already six feet in height prior to July 24, 1990, may be allowed to remain at six feet in height, but must be regularly trimmed and maintained not to exceed six feet in height. Section g. That vines as defined under Section 20 -2.3 of the Land Development Code may he permitted on any physical barrier and will not be considered to increase the opacity. Section 9. That light fixtures be permitted to extend sixteen (16) inches above the maximum height for permitted physical barriers on single - family residential properties. PASSED AND ADOPTED THIS 26th DAY OF JULY, 1994. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR c:\reports\fencing.res Exhibit A: EXAMPLES OF ACCEPTABLE PHYSICAL BARRIERS x 6' Tfma)q 4' (max) 7 6' (max) 4' (max) (max) 4' (max) Exhibit B: EXAMPLES OF ACCEPTABLE PHYSICAL BARRIERS ii T(max) LLLLLLL LI, IU UJULILl I 60% open v� &1 T(max) 4' (max) 11 Exhibit C: EXAMPLES OF UNACCEPTABLE PHYSICAL BARRIERS approx. 50% open "Home QepoV- -type lattice: less than 60% open Poll 6' T(max) 4' (max) 6' (max) 4' (maxi -. _ r'• r 40 it maw 5 i -. _ r'• r 40 it maw r� Exhibit E: EXAMPLES OF UNACCEPTABLE PHYSICAL BARRIERS IIIIIIIIIII, CITY OF SOUTH MIAMI ® INTER - OFFICE MEMORANDUM To: Mayor & Culty C Date: July 22, 1994 7/26/94 Commission Agenda From: illiam Fc anrpton Re: Item # 5: Resolution to Authorize City Manager E.A.R. Agreement with the D.C.A. Background: The City of South Miami is required under Florida Statutes to undertake an evaluation of the Comprehensive Plan, termed the Evaluation and Appraisal Report (E.A.R.). This must be adopted by the City after review by the Florida Department of Community Affairs (D.C.A.) by December, 1995. The 1994 State Legislature appropriated $1.8 million to assist local governments prepare the E.A.R. South Miami has been awarded a $20,224 State grant for the purpose described above. The enclosed contract between D.C.A. and the City of South Miami is to provide partial funding to enable the City to produce various work products that will be necessary to successfully produce an E.A.R. The contract stipulates that a report of all work products must be received by D.C.A. no later than August 15, 1995. The contract must be signed by the Mayor (Chief Elected Officer) and returned to D.C.A. by August 15, 1994, in order for the City of South Miami to be considered for this funding. Recommendation: 1. Advantagg to City: Provides funding for work products required to execute the Evaluation and Appraisal Report for the Florida Department of Community Affairs. 2. Disadvantages to City: None. 3. This Resolution is sponsored by the Administration and the City Attorney. 4. This Resolution is pursuant to City Charter and the State Planning Act. #57 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHOPJZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, VIA THE EVALUATION AND APPRAISAL REPORT ASSISTANCE PROGRAM CONTRACT. WHEREAS, in accordance with Chapter 163, Part II, F.S., and Chapter 9J -5, Florida Administrative Code, the City of South Miami s required to prepare and submit for review by the Department of Community Affairs an Evaluation and Appraisal Report to assess and evaluate the success and effectiveness of the local government's comprehensive plan; and, WHEREAS, funding is available under the 1994 -1995 General Appropriations Act, Line Item 296, where the Legislature of Florida has appropriated funds to implement the Local Government Evaluation and Appraisal Report Assistance Program; and, WHEREAS, the City Manager in the 1994 -1995 Budget will be proposing sufficient local funds to accompany the State of Florida funds, and depending on the magnitude of the process, additional funds may need to be appropriated by the City South Miami; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission of the City of South Miami do hereby endorse and authorize the Mayor of the City of South Miami to enter into an agreement with the State of Florida Department of Community Affairs via the attached Evaluation and Appraisal Report Assistance Program Contact. PASSED AND ADOPTED THIS 26th DAY OF JULY, 1994. Neil Carver Mayor ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney c:lreportsldca- ear.res 44or ... . ........ _ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IMIRGINCY MANAGIMINT • HOUSING AND COMMUNITY DIVELOPMENT • RISOURCI PLANNING AND MANAGIMINT LAWTON CHILI! LINDA LOOMIS 1HILLIY Govwnar June 24, 1994 Dear Local Government Official: 111CM ry The 1994 State Legislature appropriated $1.8 million for the Department of Community Affairs to assist 89 local governments with the preparation of the initial drafts of portions of the Evaluation and Appraisal Report. These drafts are to be prepared in accordance with Chapter 163, Part II, Florida Statutes (F.S.), Rule Chapter 9J- 5.0053 and Chapter 93 -206, Laws of Florida. Procedures for the allocation, disbursement and general administration of these funds are outlined in the Evaluation and Appraisal Report Assistance Program Contract (enclosed). The amount of funds available to each of the 89 affected local governments under this program is $20,224. Both copies of the enclosed contract must be signed by the chief elected official and returned to the Department by August 15, 1994, to be considered for this funding. All work products furnished to the Department for funding under this contract will be prepared between the last date of signing by the parties involved, and the August 15, 1995, termination date of the contract. Either party may request modification of the provisions of this contract with the exception that unless current legislative proposals fail, no extensions will be permitted. The General Revenue funding source cannot be extended beyond the original timeframes of this agreement. Additionally, the first installment of 25 percent ($5,056) will be made upon submittal of the executed contract (executed no later that August 15, 1994).-and the completion of.the workplan " gpecified in Section III, Scope of Work, that the Recipient intends.to follow in developing its Evaluation and Appraisal Report. The final 75 percent will be released following receipt, review and acceptance of the remaining work products specified in Section III. 7 7 4 0 C1 N T ! R V I 1W D R I V E • T A L L A H A S S E E , F LORI DA 3 1 3 9 9. 3 1 00 FLORIDA KEYS AREA Of CRITICAL STATE CONCERN SOUTh FLCIRIpA RECOWIV (VICE GREEN SWAMP 0011 CKMCAL STAT[ CeNCERN FIELD QFFICE P.O. RON 4017 FIELD CNf1CI 379E Owna4 HEhWAV, Soo 112 A400 N.W 30 Steal 111 I1M 11M►MI�IfW1 A44ndo,Ilnnda 33QSa2737 Ml�ml,flald� 111394022 RAIMW,IW4 in Local Government Official June 24, 1994 Page Two The contract manager for this contract is Cherie Trainor, Planner IV, Division of Resource Planning and Management. All correspondence should be sent to her attention. If you have any questions, please call her at 904/488 -2356 or fax at 904/488- 3309. sincerely, c Charles G. Pattison, Director Division of Resource Planning and Management CGP/ ct S� 5 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EVALUATION AND APPRAISAL REPORT ASSISTANCE PROGRAM CONTRACT This contract is entered into between the State of Florida, Department of Community Affairs, hereinafter referred to as the "Department ", and City of South Miami, hereinafter referred to as the "Recipient." WITNESSETH WHEREAS, in accordance with Chapter 163, Part II, F. S., and Chapter 9 -J5, Florida Administrative Code, each local government within the State of Florida is required to prepare and submit for Department review an Evaluation and Appraisal Report to assess and evaluate the success or failure of the local government's comprehensive plan; and WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part II, F. S., and Chapter 93 -206, Laws of Florida, has determined that the Recipient is a local government eligible to receive funds under the Local Government Evaluation and Appraisal Report Assistance Program, hereinafter referred to as the "Program;" and WHEREAS, pursuant to the 1994 -1995 General Appropriations Act, Line Item 296, the Legislature has appropriated $1,800,000 to fund imx'ementation of the Local Government Evaluation and Appraisal Report Assistance Program; NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MUTUALLY AGREE AS FOLLOWS: I. Covenant for Services The Department does hereby contract with the Recipient for the performance of the services described herein and the Recipient does hereby agree to perform such services under the terms and conditions set forth in this contract. II. Availability of Funds Payment of these state funds pursuant to this contract are subject to and conditioned upon the total release of the funds appropriated to implement the Local Government Evaluation and Appraisal Report Assistance Program. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. III. Definition, Scope and Quality of Service (A) Intent of the Contract The Recipient agrees, under the terms and conditions of this contract and the applicable state and local laws and regulations, to undertake, perform, and complete the specified work products outlined in section III below, Scope of Services. The Recipient further agrees that neither the Department's entering into this agreement nor its acceptance of the Recipient's work products shall be construed as a determination by the Department that the local government has satisfactorily met the requirements of Chapter 163, Part II, F. S., Chapter 93 -206, Laws of Florida, or Chapter 9J -5, F.A.C. The Recipient further agrees that nothing herein shall be construed by the Recipient as a waiver by the Department of it's responsibility to conduct a sufficiency review, or its authority to make a sufficiency determination, for the Recipient's adopted Evaluation and Appraisal Report. The Department recognizes that the funding received by the Recipient under the Program constitutes only a partial funding of the actual costs associated with the development, completion, and adoption of the Evaluation and Appraisal Report, and that the work products being contracted for constitutes only a portion of the requirements necessary for completion of the Recipient's Evaluation and Appraisal Report. The Department and the Recipient agree that the work products funded under this contract must be completed as specified herein in order for the Recipient to successfully complete its Evaluation and Appraisal Report, and that these work products are being funded to achieve that end. (3) Scope of Services. (1) Services provided under this contract shall be in connection with the total area under the Recipient's planning jurisdiction. (2) In accordance with §163.3191, F.S., and Rule 9J- 5.0053, F.A.C., each Recipient shall provide appropriate documentation, including, but not be limited to, data, statements, reports, analyses, maps, and work products, that address, at a mimimum, the following: (a) The condition of each comprehensive plan element at the time of plan adoption, including summaries of the data and analysis from each element of the existing plan at the time of adoption; (b) The condition of each comprehensive plan element as of the date of submittal of the work products required under this contract; 2 �5 (c) A summary of all land use text and map amendments and all other text amendments (other than format or nonsubstantive amendments) made to the Recipient's comprehensive plan since its adoption; (d) An updated, current "existing" land use map and table of existing land uses as of the date of submittal of the work products required under this contract; (e) A new "existing" traffic circulation map depicting conditions as of the date of submittal of the work products required under this contract; and (f) A summary of the condition and quality of all natural resources anticipated as of the date of submittal of the work products required under this contract. (3) A description of the public participation process to be used in preparation of the local government's Evaluation and Appraisal Report. (4) A detailed workplan that the Recipient will follow in completing the Scope of Services required by this contract. IV. Consideration (A) Amount of Consideration As consideration for work rendered under this contract, the Department agrees to pay a fixed fee up to $ 20,224. Payment will be made in accordance with Article V of this contract. '3) Use of Funds (1) Funds may be used for salaries and expenses of local cfovernment staff members or subcontractors involved in preparing all or a portion of the required work products specified in section III(B), Scope of Services, of this contract. (2) Travel expenses incurred by the Recipient in fulfillment of this contract shall be in accordance with the provisions of Section 112.061, Florida Statutes. (3) Funds may not be used for the purchase of equipment, fixtures, or other tangible property of a nonconsumable and nonexpendable nature with an expected useful life which exceeds the duration of this contract. (4) These funds may not be used for the purpose of lobbying the Florida Legislature or a state agency. 3 *J!� V. Method of Payment (A) The Department shall pay twenty -five (25) percentum ($ 5,056) to the Recipient following execution of this contract and the Department's receipt, review, and acceptance of the workplan that satisfactorily completes the requirements specified in Section III, above, and this section. An acceptable workplan will, at a minimum, address: (1) The criteria specified in the Scope of Services, and contain appropriate and relevant documentation, including, but not be limited to, data, statements, reports, analyses, maps, and work products, relating to those issues delineated in Section 163.3191(2) and (3), Florida Statutes, and Rule 9J- 5.0053, Florida Administrative Code. The workplan will also include, but not be limited to, the following: (a) The individual(s) who will be responsible for developing each component of the work plan, including any subcontractors; (b) Estimated date of completion of each component of the workplan; (c) Problems or obstacles the Recipient anticipates developing each component, and the means the Recipient will use to resolve these problems or obstacles. (2) A copy of any subcontract for any or all of the work required by this contract and entered into by the Recipient will be submitted to the Department as an attachment to the workplan listed above. Absent a copy of the actual signed agreement for any work under this document that the Recipient subcontracts to be performed will be deemed unacceptable to, and unccmpensable by, the Department. (B) The Department shall pay the final seventy -five (75) per centum of the funds ( $15,168) following receipt, review and acceptance of the work products specified in Section III, Scope of Services, above. (C) The Department shall pay the amounts indicated in this agreement after receipt of the work products under this contract are deemed by the Department to be acceptable. "Acceptable to the Department" means that the work product was completed in accordance with professional planning principles, and is consistent with the requirements of this contract. The Recipient acknowledges and agrees that payment under this agreement is contingent upon Recipient providing the Department, on or before August 15, 1995, with all of the requisite work products in final form, acceptance of the final work products by the Department, and the Recipient's contract closeout report, as specified below. PI'S VI. Required Reports and Records (A) The Recipient shall provide to the Department a contract closeout report consisting of a copy of each work product produced under this program. The report must be received by the Department no later than August 15, 1995. (B) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department shall withhold further payments until they are completed. The Department may terminate this contract if reports are not received within ten (10) days after notice by the Department. VII. Audit Requirements (A) The Recipient agrees to maintain adequate financial procedures and adequate support documents to account for the expenditure of funds under this contract. (B) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (C) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550, Rules of the Auditor General, and OMB Circular A -128 for the purposes of auditing and monitoring the funds awarded under this contract. (1) The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. (2) The schedule of financ contracz and grant number. (3) The items specified in directly to: annual financial audit report shall include a ial assistance specifically identifying all revenue by sponsoring agency and contract complete financial audit report, including all section VII(C)(1) and (2) above, shall be sent Department of Community Affairs Office of Audit Services 2740 Centerview Drive Tallahassee, Florida 32399 -2100 5 4005 (D) The Recipient shall include an accounting of these funds in the annual financial audit report prepared by the Recipient for the 1993 -94 and 1994 -95 fiscal years. (E) In the event the audit shows that the entire fund, or portion thereof, was not spent in accordance with the conditions of this contract the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and contract provisions within thirty (30) days after the Department has notified the Recipient of such noncompliance. (F) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three -year period, the records shall be retained until the litigation or audit findings have been resolved. (G) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. VIII. Public Records The Department reserves the right to unilaterally cancel this agreement for refusal by the Recipient to allow public access to all documents, reports, papers, letters or other material, subject to the provision of Chapter 119, Florida Statutes, prepared or received by the Recipient in conjunction with this contract. IX. Subcontracts (A) If the Recipient subcontracts any or all of the work required under this contract, the Recipient agrees to include in the subcontract specific language to inform the subcontractor that the subcontract is bound by the terms and conditions of this contract between the Recipient and the Department. (B) The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this contract, to the extent allowed and required by law. (C) If the Recipient enters into a subcontract, a copy of the executed subcontract must be forwarded to the Department as a portion of the workplan required under section V(A) of this agreement. 6 �S (D) Any work products produced under the terms of a subcontract entered into by the Recipient must meet the full terms and conditions, including timeframes, of this agreement between the Recipient and the Department in order for the Recipient to receive payment from the Department. X. Liability The Recipient hereby agrees to hold harmless the Department, to the extent allowed and required by law, from all claims, demands, liabilities and suits of third persons or entities not a party to this contract arising out of, or due to any act, occurrence, or omission of the Recipient, its subcontractors or agents, if any, that is related to the Recipient's performance under this contract. XI. Contract Term The contract shall commence on the last date of signing by the parties involved, and will terminate on August 15, 1995. The Recipient will receive no compensation for work received by the Department after this date. XII. Modification of Contract Either party may request modification of the provisions of this contract with the exception that no extensions will be permitted. The General Revenue funding source cannot be extended beyond the original timeframes of this agreement. Other changes which are mutually agreed upon shall be made by written correspondence from the Department and shall be incorporated as part of this contract. XIII. Identification of Documents The cover page or title page of all reports, maps and other documents completed as a part of this contract shall acknowledge: "Preparation of this (Man or Document) was aided through financial assistance received from the State of Florida under the Local Government Evaluation and Appraisal Report Assistance Program authorized by Chapter 93 -206, Laws of Florida, and administered by the Florida Department of Community Affairs." The date (month and year) the document was prepared and the name of the subcontractor or Recipient community responsible for its preparation shall also be shown. �S XIV. Termination (A) This contract may be terminated by the written mutual consent of the parties. (B) If the Recipient shall fail to fulfill in a timely and proper manner its obligations under this contract, the Department shall have the right, without liability, to terminate this contract within ten (10) days after giving written notice to the Recipient of such termination. The Department may also require a pro rata repayment for funds paid to a Recipient who breaches any part of this contract. (C) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of contract by the Recipient. The Department may withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Department from the Recipient is determined. XV. Notice and Contact (A) The contract manager for this contract is: Cherie Trainor Division of Resource Planning and Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 -2100 (B) The representative of the Recipient (not a consultant), responsible for the administration of this contract is: Dean L. Mimms, AICP Director of Building, Zoning & Community Deve opment Dept. (C) In the event.that different representatives are designated by either party after execution of this contract, notice of the name, title and address of the new representative will be rendered in writing to the other party and said notification attached to the original of this contract. e �S XVI. Terms and Conditions The contract contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT• BY: Name and Title Date STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title Date Witness Witness ADDENDUM State of Florida Department of Community Affairs Evaluation and Appraisal Report Assistance Program Contract City of South Miami July 1994 The following workplan shall be executed by the City's Building, Zoning & Community Development Department in order to fulfill the requirements of this contract by and between the City of South Miami, Florida, and the Florida Department of Community Affairs (DCA). I. Condition of Each Element at Time of Plan Adoption (Contract Paragraph III (B)(2)(a)] The support components for each of the adopted plan elements of the Comprehensive Plan will be reviewed for the most pertinent data or analyses reflective of existing conditions at that time. Summaries of these most pertinent data and analyses for each element will be prepared and be presented using maps, tables and narrative text, as appropriate, from support components of each adopted Comprehensive Plan element. August 1995 LOANOWIF 1� 11 Dean L. Mimms, AICP Director of Building, Zoning & Community Development None II. Condition of Each Plan Element As of Date of Submittal of Work Products (Contract Paragraph III (B)(2)(b)] Relevant background data and analyses for each Comprehensive Plan element will be reviewed and updated for significant changes and trends that have 1 � occurred between the time of plan adoption and the work product submittal date. The update of each element to reflect current conditions will depend on the breadth and depth of the data and analysis requirements set forth in Rule 9J -5, F.A.C. Work products will consist of a series of narrative text, tables and maps, as appropriate, to document current conditions fundamental to each element. B. Estimated Date of Completion August 1995 Dean L. Mimms, AICP Director of Building, Zoning & Community Development o e a • None. III. Summary of All Comprehensive Plan Land Use Plan MaF and Text Amendments [Contract Paragraph III (B)(2)(c)] A. Work and Task Prod ct A summary listing of all land use plan map amendments and all text amendments made to the Comprehensive Plan since adoption in 1989 will be compiled. The listing will briefly identify the type of amendment, year of amendment cycle, DCA amendment reference number, City Commission adoption date, and DCA Notice of Compliance number and date, and will use maps, tables and text, as appropriate. 0 0 August 1995 C. Staff Responsible Dean L. Mimms, AICP Director of Building, Zoning & Community Development MMMM None. ;' IV. V Updated Existing Land Use Data and Map Contract Paragraph III (11)(2)(d)] A. Work and Task Product Existing City land use tabulations by land use category will be prepared. The approximate acreage shall be provided for the gross land area in each existing land use category. Work products will consist of a map, or map series (at an appropriate scale), and tables of existing land use by land use category and subcategory. August 1995 Dean L. Mimms, AICP Director of Building, Zoning & Community Development I 61 _ None. Existing Conditions Traffic Circulation Map [Contract Paragraph III (B)(2)(e)] A. Work and Task Product Existing roadways will be inventoried to identify and categorize all public roadways such as collector, arterial and limited access facilities and identify the number of through traffic lanes. In addition, rail line, mass transit facilities and lines, and related facilities will be inventoried. Work products will consist of a series of maps depicting existing roadway facilities and related facilities. �. • 0 August 1995 Dean L. Mimms, AICP Director of Building, Zoning & Community Development D. Anticipated Problems and Obstacles None. I I , VI. Summary of Condition and Quality of Natural Resources (Contract Paragraph III (B)(2)(f) A. Work and Task Product Significant City natural resources will be inventoried and updated to reflect any changed conditions since the 1989 adoption date and quality of resources using the best available and relevant data. Narrative text will be prepared to describe existing conditions and quality of natural resources. R I� August 1995 MINI i =10 0 Dean L. Mimms, AICP Director of Building, Zoning & Community Development D. Anticipated Problems and Obstacles None. The City anticipates using subcontractor(s) for the majority of the work required by this contract. All work is programmed for completion by the Building, Zoning & Community Development Department by August 1995. #Wr J6 To: From: � � f C= T Y O F S OUTH M= AM = Mayor and City Com: `Wi- lliam F ton P City Manage Background: INTER - OFFICE MEMORANDUM sion Date: July 21, 1994 Agenda Item G� Re: Comm. Mtg. 7./26/94 Extension of Storm Drain Cleaning Contract for Additional Work Performed On April 5, 1994 the City Commission approved a contract with SOS Plumbing for cleaning storm drains throughout the City. Prior completion of the original contract it was determined that the complex and extensive drainage facilities at South Miami Field, City Hall- Police complex, and Public Works Yard needed to be cleaned. A heavy spring rain storm caused extensive flooding at all three complexes, bringing the problem to our attention. These drainage systems were not cleaned out after Hurricane Andrew. Due to the nature of the situation I have already authorized the contractor to proceed with the additional work. Recommendation: 1- Advantage to City: - Flooding at City facilities will be minimized by having unobstructed storm drains. 2- Disadvantages to city: None 3- The City Manager recommends approval of this Resolution. 4- Funds are available fcr this purpose `rom the Storm Water Drain Trust Fund (see page 78 of the 93 -94 budget). r1CN0*o.XW 6 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 $9,130 TO SOS PLUMBING FOR ADDITIONAL WORK PERFORMED AT SOUTH MIAMI FIELD, CITY HALL COMPLEX AND PUBLIC WORKS YARD FOR THE CLEANING OF CATCH BASINS AND CHARGE IT TO ACCOUNT NO 11- 1730 -4640: "STORMWATER DRAINAGE TRUST FUND - MAINTENANCE; REPAIR - STREETS AND DRAINAGE." WHEREAS, the Public Works Department contracted with SOS Plumbing to perform additional work at South Miami Field, City Hall Complex, and Public Works Yard in the amount of $9,130; and WHEREAS, the Public Works Department is responsible for maintaining the infrastructure cleaning of stormwater drainage in order to prevent flooding and pollution; and WHEREAS, the additional work shall not exceed the amount of $9,130 to be charged to Account No. 11- 1730 -4640: "Stormwater Drainage Trust Fund - Maintenance; Repair Streets and drainage; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. that the City Manager be authorized to disburse to SOS Plumbing an amount not to exceed $9,130 for the cleaning of catch basins at South Miami Field, City Hall Complex C1 � t y and Public Works Yard. SECTION 2. that $9,130 of this contract be charged to Account no. 11- 1730 -4640: "Stormwater Drainage Trust Fund - Maintenance; Repair Streets and Drainage." PASSED AND ADOPTED this day of July, 1994 ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney 6 APPROVED: Neil Carver Mayor 1 s CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor & City Commi Date: July 19, 1994 �j � 7 Z- 7/26/94 Commission Agenda From: illiam F. on Re: Item # 7: Ordinance to Reduce the City Managers Requirements for Leased Parking a0 The Land Development Code contains regulations which allow business owners to lease parking spaces from other establishments, in order to provide for required parking; however, current legislation requires a -minimum twenty-year lease. This places a great burden on prospective business operators, because most property owners are not willing to encumber their land for the minimum required twenty years. The City Attorney has requested that the Administration prepare the attached amendment to the Land Development Code to reduce the twenty-year requirement to a single year and to provide for a simplified approval and renewal process that is more user - friendly. ..` - �_. 1. Advantage to Ci : Provides for increased flexibility for the business community. 2. Disadvantages to City: None. 3. This Ordinance is sponsored by the City Attorney. 4. This Ordinance amends § 20-4.4 (F)(2)(c) of the Land Development Code. 7 . ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.4 (17)(2)(c) OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REQUIRED LEASE TERM AND TO SIMPLIFY PROCEDURES AND CONDITIONS FOR LEASED OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami adopted a Land Development Code on October 25, 1989, via Ordinance No. 19 -89 -1441, including provisions for off -site parking under Section 20- 4.4 (17)(2)(c); WHEREAS, upon review of the regulation, City Administration finds that the twenty-year minimum lease as required under Section 20-4.4 (F)(2)((c) is excessive; and, WHEREAS, the Administration seeks to simplify the procedures regarding the conditions of approval for leased off -site parking; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That Section 20-4.4 (F)(2)(c) of the Land Development Code be, and is hereby, amended as follows: (c) Off -site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist or held under a lease with a remaining term of twenty (20�yem at least one (11___year, Ew-inert; - under- -whiel3.4he- lessee- i54e-.owftf-ef diL-4 ot on- wl}ie�- the}�e3pe1- �tseJuv�ll- east:-- In- ei#l�er -case; - as -a�-e€ theise- o€tlae lild}eg- peFat -€e�- the - primal -use; the - over -o€ tl�e -o€€- site - pawing- shall -- reed --a eflveaeRt in - €ern -Gi -E Sion pro.,;A:- g- reeeFd- -ice- o €- a -cenu t eet o€ that -lam- t© -park g- pefposeS40F -4he pFkwi*use. If at any time such off -site parking ceased to be under the same ownership or control as the principal use or ceased to be used for parking for the principal use, the eeFtifieate_4_06 - :he -iwinc4p i -- use - shall --be- subs, +- te-- Feveeatieft by -the C- i siea ;-- a€tef-- netke --u& -leg occupational license(s) shall be subject to revocation by the City Manager. Evidence that the lease is in effect shall be submitted each year upon renewal of occupational license(s).. Such renewal shall be conditioned upon the aWmal of the lease agreement by the City Manager. i It a Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED THIS 26th DAY OF JULY, 1994. MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY c:lreportsllease- pk.ord 4 IV r v APPLICATION TO BE HEARD REGULARD CITY COMMISSION MEETING �l,�- Name .��.5Z Date: ZZ Address: �GI��Z =SG(� ��%l� Telephone number during business hours:C'� • 77 State reason for which you want to be heard: -(7/ �,Zi,l2 -L r=�rz 71 G! & /7`1 Address of property: (n �a4 �w (' 'v1f Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMMSSION AGENDA Regular City Commission Meeting Meeting date: July 26, 1994 6130 Sunset Drive, So. Miami, FL Next Meeting date: August 2, 1994 Phone: (305) 663 -6340 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 INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL XS 1'v dG BASLD. (-:*::Z 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. CITY OF SOUTH MIAMI ORDINANCE NO. 6 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE THE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION, TO FILL OUT THE APPROPRIATE FORM AND FILE IT WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES. CALL TO ORDER A. Invocation B. Pledge of Allegiance to the Flag of the United States of _kmerica C. Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - July 19, 1994 2) City Manager's Report 3) City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING none RESOLUTIONS FOR PUBLIC HEARING none RESOLUTIONS r I 4. A Resolution of the City of South Miami, Florida, providing for a policy concerning fence types to be permitted under adopted Ordinance No. 7 -94 -1556; providing for a policy concerning the height of hedges and the maintenance of existing hedges; providing for a policy concerning vines; and providing for a policy concerning light fixtures. (Administration)) r- 3/5 5. A Resolution of the Mayor and City �Com mission or the City of South Miami, Florida, authorizing the City to enter into an agreement with the State of Florida, Department of Community Affairs, via The Evaluation and Appraisal Report Assistance Program Contract. (Administration /City Attorney Gallop) 3/5 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse the sum of $9,130 to SOS Plumbing for additional work performed at South Miami Field, City Hall Complex and Public Works yard for the cleaning of catch basins and charge it to Account No. 11- 1730 -4640: "Stormwater Drainage Trust Fund - Maintenance; repair- streets and drainage." (Administration /PW) 3/5 ORDINANCES - FIRST READING 7. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 20- 4.4(F)(2)(c) of the Land Development Code to reduce the minimum required lease term and to simplify procedures and conditions for leased off - site parking; providing for severability; providing for ordinances in conflict; providing for an effective date. (City Attorney Gallop) 4/5 REMARKS Christopher Cooke - Yarborough, to speak re: Purchase Land for Park. A July 26, 1994 page 2 T�w �- / ORDINANCES - SECOND READING AND PUBLIC HEARING none RESOLUTIONS FOR PUBLIC HEARING none � �' RESOLUTIONS �r a.C� � 4. A Resolution of the City of South Miami, Florida, providing for a policy concerning fence types to be permitted under adopted Ordinance No. 7 -94 -1556; providing for a policy concerning the height of hedges and the maintenance of existing hedges; providing for a policy concerning vines; and providing.for a policy concerning light fixtures. (Administration)) - 3/5 5. A Resolution of the Mayor and City �Commis si�on of the City of South Miami, Florida, authorizing the City to enter into an agreement with the State of Florida, Department of Community Affairs, via The Evaluation and Appraisal Report Assistance Program Contract. (Administration /City Attorney Gallop) 3/5 �1/ 6. A Resolution of the Mayor and C ity O ommission of the City of South Miami, Florida authorizing the City Manager to disburse the sum of $9,130 to SOS Plumbing for additional work performed at South Miami Field, City Hall Complex and Public Works yard for the cleaning of catch basins and charge it to Account No. 11- 1730 -4640: "Stormwater Drainage Trust Fund - Maintenance; repair- streets and drainage." (Administration /PW) 3/5 ORDINANCES - FIRST READING 7. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 20- 4.4(F)(2)(c) of the Land Development Code to reduce the minimum required lease term and to simplify procedures and conditions for leased off - site parking; providing for severability; providing for ordinances in conflict; providing for an effective date. (City Attorney Gallop) 4/5 REMARKS Christopher Cooke - Yarborough, to speak re: Purchase Land for Park. n _ a011� A Jul 26 199 j ✓ Y 4 page 2 �,� �� � , . Aj #4 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A POLICY CONCERNING FENCE TYPES TO BE PERMITTED UNDER ADOPTED ORDINANCE NO. 7 -94 -1556 PROVIDING FOR A POLICY CONCERNING THE HEIGHT OF HEDGES AND THE MAINTENANCE OF EXISTING HEDGES; PROVIDING A POLICY CONCERNING VINES AND PROVIDING FOR A POLICY CONCERNING LIGHT FIXTURES. Moved by Commissioner Bass, seconded by Commissioner Cunningham, the resolution be adopted and assigned the next number by the City Clerk. Building & Zoning Director Mimms explained that there have been a lot of questions regarding fence heights and the resolution is to clarify regulations and to provide graphic materials which are acceptable by code and which depict "common patterns ". In regard to section 7, width vs. height, he would suggest that this be deleted. Commissioner Cooper asked if the resolution is approved if it would simplify the application process. Mayor Carver said it is his understanding that single family residential no longer has to go to the ERPB, so the resolution only shows suggestions. Commissioner Bass noted that sometimes it is easier for people to have visual information of what is allowed. One thing.she would like to add, to avoid confusion, is that a statement be added below the picture as to why the picture denotes what is acceptable. City Attorney added that "uniform pattern" are the operative words and this resolution will clarify and establish a design standard. Commissioner Cunningham asked that the pictures be clarified. Commissioner Cooper suggested a descriptive phrase under each photograph. Vice -Mayor Young concurred. Mayor Carver moved to defer the resolution until the next regular meeting. Motion was seconded by Commissioner Bass and passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. Mayor Carver noted that discussion took place with the deletion of Section 7. Because the item was deferred this was not deleted and this can be addressed when the item comes back at the August 2nd meeting. 4 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A POLICY CONCERNING FENCE TYPES TO BE PERMITTED UNDER ADOPTED ORDINANCE NO. 7 -94 -1556; PROVIDING FOR A POLICY CONCERNING THE HEIGHT OF HEDGES AND THE MAINTENANCE OF EXISTING HEDGES; PROVIDING FOR A POLICY CONCERNING VINES; AND PROVIDING FOR A POLICY CONCERNING LIGHT FIXTURES. WHEREAS, the City of South Miami amended Section 20-3.6 (H)(2)(c) Physical Barriers of the Land Development Code on April 19, 1994, via Ordinance No. 7 -94 -1556, which established language regulating the height of fences along rights -of -way as follows: In required yards adjacent to a right -of -way, fences, walls, trellises, gates and hedges shall not exceed./bur (4).feet in height above grade. Fences and walls may be increased by two (2) feet in height above grade and gates may be increased by three (3) feet above grade provided that the upper two (2) feet of the fence or wall surface and the upper three (3) feet of the gate between vertical supports is designed as a uniform pattern with a minimum of sixty (60) percent open area. WHEREAS, the Building, Zoning & Community Development Department regularly receives inquiries regarding the interpretation of said Section 20-3.6 (H)(2)(c); and, WHEREAS, the City Attorney has advised the Department to seek direct input from the City Commission concerning the interpretation of "uniform pattern"; WHEREAS, the City of South Miami previously enacted Ordinance No. 12 -90 -1452 on July 24, 1990, which reduced the height of hedges along rights -of -way to four feet in height; WHEREAS, the City of South Miami permits vines as defined under Section 20-2.3 which includes the following statement: ... Vines may be used in conjunction with fences, screens and walls to meet physical barrier requirements as specified. WHEREAS, the City Administration desires to specify herein that vines are exempt from the 60% open area minimum, because enforcement of foliage density is not feasible; and, WHEREAS. the City Administration desires to establish a policy concerning the height of light fixtures that may be permitted above the maximum height limit for physical barriers; THEREFORE, BE IT RESOLVED BY THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: ec ' n 1 That the attached "Exhibit A: EXAMPLES OF ACCEPTABLE PHYSICAL BARRIERS" be, and is hereby, accepted as containing examples of physical barriers which meet the criteria of § 20 -3.6 (H)(2)(c). Section 2. That the attached "Exhibit B: EXAMPLES OF ACCEPTABLE PHYSICAL BARRIERS" be, and is hereby, accepted as containing examples of physical barriers which meet the criteria of § 20 -3.6 (H)(2)(c). Section 3. That the attached "Exhibit C: EXAMPLES OF UNACCEPTABLE PHYSICAL BARRIERS" be, and is hereby, accepted as containing examples of physical barriers which do NOT meet the criteria of § 20 -3.6 (H)(2)(c). Section 4 That the attached "Exhibit D: EXAMPLES OF ACCEPTABLE PHYSICAL BARRIERS" be, and is hereby, accepted as containing examples of physical barriers which meet the criteria of § 20 -3.6 (H)(2)(c). Section 5. That the attached "Exhibit E: EXAMPLES OF UNACCEPTABLE PHYSICAL BARRIERS" be, and is hereby, accepted as containing examples of physical barriers which do NOT meet the criteria of § 20 -3.6 (H)(2)(c). Section 6. That all hedges and trellises cannot exceed four feet in height along rights -of- way as stated in Section 20 -3.6 (H)(2)(c) and that this is the intent of the regulation. Section 7 That hedges maintained at six feet in height since the adoption of Ordinance No. 12 -90 -1452, on July 24, 1990, which were already six feet in height prior to July 24, 1990, may be allowed to remain at six feet in height, but must be regularly trimmed and maintained not to exceed six feet in height. Section g. That vines as defined under Section 20 -2.3 of the Land Development Code may be permitted on any physical barrier and will not be considered to increase the opacity. Section 9. That light fixtures be permitted to extend sixteen (16) inches above the maximum height for permitted physical barriers on single - family residential properties. PASSED AND ADOPTED THIS 26th DAY OF JULY, 1994. MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY c:lreportslfencing.res Exhibit A: EXAMPLES OF ACCEPTABLE PHYSICAL BARRIERS Go T[max) 4' (ma)4 s' T[max) 4' (max) I 4-i a (mom) 4' (max) Exhibit B: EXAMPLES OF ACCEPTABLE PHYSICAL BARRIERS U UULLU ULUUU T(max) 60% open T(max) 4' (ma)d Exhibit C: EXAMPLES OF UNACCEPTABLE PHYSICAL BARRIERS approx. X096 nnr_n "Home Depot' -type lattice: less than 60% open NO A T(max] 4' [max( 6' 71max) 4' (max( ' T7 r4 pr., _ I `T Will 11111ll CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor & ommission Date: July 19, 1994 7/26/94 Commission Agenda -- From: - 'William r. Hampton Re: Item #4 : Resolution to Set Policies City Manager for Physical Barriers, Vines, Lights ... C. The City Administration has been approached on various occasions by applicants for permits, citizens and members of the general public requesting interpretations concerning the regulation of physical barriers. Often, these inquiries center around the "intent" of the legislation. To better communicate the intent of these regulations, the Administration proposes the following resolution so that the City Commission may express its legislative intent and provide direction and guidance to staff. .. . 1. 2. 3. 4. Advantage to City: Provides for clarification of the Land Development Code. Disadvantages to City: None. This Resolution is sponsored by Administration. This Resolution refers to § 20-3.6 (H)(2)(c) and § 20 -2.3 of the Land Development Code. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor & City C '� Date: July 22, 1994 7/26/94 Commission Agenda From: illiam F e anrpton Re: Item # 5: Resolution to Authorize City Manager E.A.R. Agreement with the D.C.A. Background: The City of South Miami is required under Florida Statutes to undertake an evaluation of the Comprehensive Plan, termed the Evaluation and Appraisal Report (E.A.R.). This must be adopted by the City after review by the Florida Department of Community Affairs (D.C.A.) by December, 1995. The 1994 State Legislature appropriated $1.8 million to assist local governments prepare the E.A.R. South Miami has been awarded a $20,224 State grant for the purpose described above. The enclosed contract between D.C.A. and the City of South Miami is to provide partial funding to enable the City to produce various work products that will be necessary to successfully produce an E.A.R. The contract stipulates that a report of all work products must be received by D.C.A. no later than August 15, 1995. The contract must be signed by the Mayor (Chief Elected Officer) and returned to D.C.A. by August 15, 1994, in order for the City of South Miami to be considered for this funding. Recommendation: I. Advantage to City: Provides funding for work products required to execute the valuation and Appraisal Report for the Florida Department of Community Affairs. 2. Disadvantages to City: None. 3. This Resolution is sponsored by the Administration and the City Attorney. 4. This Resolution is pursuant to City Charter and the State Planning Act. #S RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, VIA THE EVALUATION AND APPRAISAL REPORT ASSISTANCE PROGRAM CONTRACT. WHEREAS, in accordance with Chapter 163, Part II, F.S., and Chapter 9J -5, Florida Administrative Code, the City of South Miami s required to prepare and submit for review by the Department of Community Affairs an Evaluation and Appraisal Report to assess and evaluate the success and effectiveness of the local government's comprehensive plan; and, WHEREAS, funding is available under the 1994 -1995 General Appropriations Act, Line Item 296, where the Legislature of Florida has appropriated funds to implement the Local Government Evaluation and Appraisal Report Assistance Program; and, WHEREAS, the City Manager in the 1994 -1995 Budget will be proposing sufficient local funds to accompany the State of Florida funds, and depending on the magnitude of the process. additional funds may need to be appropriated by the City South Miami; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission of the City of South Miami do hereby endorse and authorize the Mayor of the City of South Miami to enter into an agreement with the State of Florida Department of Community Affairs via the attached Evaluation and Appraisal Report Assistance Program Contact. PASSED AND ADOPTED THIS 26th DAY OF JULY. 1994. Neil Carver Mayor ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney c:\reports\dca-ear.res 440'r STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EMIRGENCY MANAGEMENT • HOUSING AND COMMUNITY DIVILOPMINT • RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES LINDA LOOMII IHILLIY Gowmor June 24, 1994 Dear Local Government official: IKre" The 1994 State Legislature appropriated $1.8 million for the Depart=ment of Community Affairs to assist 89 local governments with the preparation of the initial drafts of portions of the Evaluation and Appraisal Report. These drafts are to be prepared in accordance with Chapter 163, Part II, Florida Statutes (F.S.), Rule Chapter 9J- 5.0053 and Chapter 93 -206, Laws of Florida. Procedures for the allocation, disbursement and general administration of these funds are outlined in the Evaluation and Appraisal Report Assistance Program Contract (enclosed). The amount of funds available to each of the 89 affected local governments under this program is $20,224. Both copies of the enclosed contract must be signed by the chief elected official and returned to the Department by August 15, 1994, to be considered for this funding. -11 work products furnished to the Department for funding under :his contract will be prepared between the last date of signing wy the parties involved, and the August 15, 1995, termination date of the contract. Either party may request modification of the provisions of this contract with the exception that unless current legislative proposals fail, no extensions will be permitted. The General Revenue funding source cannot be extended beyond the original timeframes of this agreement. cditicnally, the first installment of 25 percent ($5,056) will :.e made upon submittal of the executed contract (executed no later that August 15, 1994)-and the completion of.the workplan"4 gpecified in Section III, Scope of Work, that the Recipient intends.to follow in developing its Evaluation and Appraisal Report. The final 75 percent will be released following receipt, review and acceptance of the remaining work products specified in Section ill. 2 7 4 0 C L N T I R V I I W D R I V E 4 T A L L A H A I I I I, P L O R 1 D A 9 9 9 9 9. 2 1 0 0 ILORIDA k1YS AREA CI CRITICAL STATE CONCERN SOUTH W%nh RECOVERY VKI. C RN Wmv AREAOI CRMC& STATE CONCERN 1111.00fFICE P.O. lox 4012 FIELD OFFKE 27% (NWMA nipwlr, SUtlu 112 AhM N.W. 30 Elrod 113 !wq MAn m,flodi 1100-1727 WSfM'?W* 31110422 14new,FW4 1 Local Government Official June 24, 1994 Page Two The contract manager for this contract is Cherie Trainor, Planner IV, Division of Resource Planning and Management. All correspondence should be sent to her attention. If you have any questions, please call her at 904/488 -2356 or fax at 904/488- 3309. Sincerely, Charles G. Pattison, Director Division of Resource Planning and Management CGP /ct STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EVALUATION AND APPRAISAL REPORT ASSISTANCE PROGRAM CONTRACT This contract is entered into between the State of Florida, Department of Community Affairs, hereinafter referred to as the "Department ", and City of South Miami, hereinafter referred to as the "Recipient." WITNESSETH WHEREAS, in accordance with Chapter 163, Part II, F. S., and Chapter 9 -J5, Florida Administrative Code, each local government within the State of Florida is required to prepare and submit for Department review an Evaluation and Appraisal Report to assess and evaluate the success or failure of the local government's comprehensive plan; and WHEREAS, the Department, in furtherance of its duties under Chapter 163, Part II, F. S., and Chapter 93 -206, Laws of Florida, has determined that the Recipient is a local government eligible to receive funds under the Local Government Evaluation and Appraisal Report Assistance Program, hereinafter referred to as the "Program;" and WHEREAS, pursuant to the 1994 -1995 General Appropriations Act, Line Item 296, the Legislature has appropriated $1,800,000 to fund imp'ementation of the Local Government Evaluation and Appraisal Report Assistance Program; NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MUTUALLY AGREE AS FOLLOWS: I. Covenant for Services The Department does hereby contract with the Recipient for the performance of the services described herein and the Recipient does hereby agree to perform such services under the terms and conditions set forth in this contract. II. Availability of Funds Payment of these state funds pursuant to this contract are subject to and conditioned upon the total release of the funds appropriated to implement the Local Government Evaluation and Appraisal Report Assistance Program. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. III. Definition, Scope and Quality of Service (A) Intent of the Contract The Recipient agrees, under the terms and conditions of this contract and the applicable state and local laws and regulations, to undertake, perform, and complete the specified work products outlined in section III below, Scope of Services. The Recipient further agrees that neither the Department's entering into this agreement nor its acceptance of the Recipient's work products shall be construed as a determination by the Department that the local government has satisfactorily met the requirements of Chapter 163, Part II, F. S., Chapter 93 -206, Laws of Florida, or Chapter 9J -5, F.A.C. The Recipient further agrees that nothing herein shall be construed by the Recipient as a waiver by the Department of it's responsibility to conduct a sufficiency review, or its authority to make a sufficiency determination, for the Recipient's adopted Evaluation and Appraisal Report. The Department recognizes that the funding received by the Recipient under the Program constitutes only a partial funding of the actual costs associated with the development, completion, and adoption of the Evaluation and Appraisal Report, and that the work products being contracted for constitutes only a portion of the requirements necessary for completion of the Recipient's Evaluation and Appraisal Report. The Department and the Recipient agree that the work products funded under this contract must be completed as specified herein in order for the Recipient to successfully complete its Evaluation and Appraisal Report, and that these work products are being funded to achieve that end. (B) Scope of Services. (1) Services provided under this contract shall be in connection with the total area under the Recipient's planning jurisdiction. (2) In accordance with §163.3191, F.S., and Rule 9J- 5.0053, F.A.C., each Recipient shall provide appropriate documentation, including, but not be limited to, data, statements, reports, analyses, maps, and work products, that address, at a mimimum, the following: (a) The condition of each comprehensive plan element at the time of plan adoption, including summaries of the data and analysis from each element of the existing plan at the time of adoption; (b) The condition of each comprehensive plan element as of the date of submittal of the work products required under this contract; �S (c) A summary of all land use text and map amendments and all other text amendments (other than format or nonsubstantive amendments) made to the Recipient's comprehensive plan since its adoption; (d) An updated, current "existing" land use map and table of existing land uses as of the date of submittal of the work products required under this contract; (e) A new "existing" traffic circulation map depicting conditions as of the date of submittal of the work products required under this contract; and (f) A summary of the condition and quality of all natural resources anticipated as of the date of submittal of the work products required under this contract. (3) A description of the public participation process to be used in preparation of the local government's Evaluation and Appraisal Report. (4) A detailed workplan that the Recipient will follow in completing the Scope of Services required by this contract. IV. consideration (A) Amount of Consideration As consideration for work rendered under this contract, the Department agrees to pay a fixed fee up to $ 20,224 . Payment will be made in accordance with Article V of this contract. �) Use of Funds (1) Funds may be used for salaries and expenses of local Government staff members or subcontractors involved in preparing all or a portion of the required work products specified in section III(B), Scope of Services, of this contract. (2) Travel expenses incurred by the Recipient in fulfillment of this contract shall be in accordance with the provisions of Section 112.061, Florida Statutes. (3) Funds may not be used for the purchase of equipment, fixtures, or other tangible property of a nonconsumable and nonexpendable nature with an expected useful life . -,hich exceeds the duration of this contract. (4) These funds may not be used for the purpose of lobbying the Florida Legislature or a state agency. V. Method of Payment (A) The Department shall pay twenty -five (25) percentum ($ 5,056) to the Recipient following execution of this contract and the Department's receipt, review, and acceptance of the workplan that satisfactorily completes the requirements specified in Section III, above, and this section. An acceptable workplan will, at a minimum, address: (1) The criteria specified in the Scope of Services, and contain appropriate and relevant documentation, including, but not be limited to, data, statements, reports, analyses, maps, and work products, relating to those issues delineated in Section 163.3191(2) and (3), Florida Statutes, and Rule 9J- 5.0053, Florida Administrative Code. The workplan will also include, but not be limited to, the following: (a) The individual(s) who will be responsible for developing each component of the work plan, including any subcontractors; (b) Estimated date of completion of each component of the workplan; (c) Problems or obstacles the Recipient anticipates developing each component, and the means the Recipient will use to resolve these problems or obstacles. (2) A copy of any subcontract for any or all of the work required by this contract and entered into by the Recipient will be submitted to the Department as an attachment to the workplan listed above. Absent a copy of the actual signed agreement for any work under this document that the Recipient subcontracts to be performed will be deemed unacceptable to, and unccmpensable by, the Department. (B) The Department shall pay the final seventy -five (75) per centum of the funds ( $15,168) following receipt, review and acceptance of the work products specified in Section III, Scope of Services, above. (C) The Department shall pay the amounts indicated in this agreement after receipt of the work products under this contract are deemed by the Department to be acceptable. "Acceptable to the Department" means that the work product was completed in accordance with professional planning principles, and is consistent with the requirements of this contract. The Recipient acknowledges and agrees that payment under this agreement is contingent upon Recipient providing the Department, on or before August 15, 1995, with all of the requisite work products in final form, acceptance of the final work products by the Department, and the Recipient's contract closeout report, as specified below. leS VI. Required Reports and Records (A) The Recipient shall provide to the Department a contract closeout report consisting of a copy of each work product produced under this program. The report must be received by the Department no later than August 15, 1995. (B) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department shall withhold further payments until they are completed. The Department may terminate this contract if reports are not received within ten (10) days after notice by the Department. VII. Audit Requirements (A) The Recipient agrees to maintain adequate financial procedures and adequate support documents to account for the expenditure of funds under this contract. (B) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (C) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550, Rules of the Auditor General, and OMB Circular A -128 for the purposes of auditing and monitoring the funds awarded under this contract. (1) The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. (2) The schedule of financ contract and grant number. (3) The items specified in directly to: annual financial audit report shall include a ial assistance specifically identifying all revenue by sponsoring agency and contract complete financial audit report, including all section VII(C)(1) and (2) above, shall be sent Department of Community Affairs Office of Audit Services 2740 Centerview Drive Tallahassee, Florida 32399 -2100 5 4060, (D) The Recipient shall include an accounting of these funds in the annual financial audit report prepared by the Recipient for the 1993 -94 and 1994 -95 fiscal years. (E) In the event the audit shows that the entire fund, or portion thereof, was not spent in accordance with the conditions of this contract the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and contract provisions within thirty (30) days after the Department has notified the Recipient of such noncompliance. (F) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three -year period, the records shall be retained until the litigation or audit findings have been resolved. (G) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. VIII. Public Records The Department reserves the right to unilaterally cancel this agreement for refusal by the Recipient to allow public access to all documents, reports, papers, letters or other material, subject to the provision of Chapter 119, Florida Statutes, prepared or received by the Recipient in conjunction with this contract. IX. Subcontracts (A) If the Recipient subcontracts any or all of the work required under this contract, the Recipient agrees to include in the subcontract specific language to inform the subcontractor that the subcontract is bound by the terms and conditions of this contract between the Recipient and the Department. (B) The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this contract, to the extent allowed and required by law. (C) If the Recipient enters the executed subcontract must be portion of the workplan required agreement. 0 into a subcontract, a copy of forwarded to the Department as a under section V(A) of this 4�S (D) Any work products produced under the terms of a subcontract entered into by the Recipient must meet the full terms and conditions, including timeframes, of this agreement between the Recipient and the Department in order for the Recipient to receive payment from the Department. X. Liability The Recipient hereby agrees to hold harmless the Department, to the extent allowed and required by law, from all claims, demands, liabilities and suits of third persons or entities not a party to this contract arising out of, or due to any act, occurrence, or omission of the Recipient, its subcontractors or agents, if any, that is related to the Recipient's performance under this contract. XI. Contract Term The contract shall commence on the last date of signing by the parties involved, and will terminate on August 15, 1995. The Recipient will receive no compensation for work received by the Department after this date. XII. Modification of Contract Either party may request modification of the provisions of this contract with the exception that no extensions will be permitted. The General Revenue funding source cannot be extended beyond the original timeframes of this agreement. Other changes which are mutually agreed upon shall be made by written correspondence from the Department and shall be incorporated as part of this contract. XIII. Identification of Documents The cover page or title page of all reports, Naps and other documents completed as a part of this contract shall acknowledge: "Preparation of this (Map or Document) was aided through Financial assistance received from the State of Florida under the Local Government Evaluation and Appraisal Report :assistance Program authorized by Chapter 93 -206, Laws of Florida, and administered by the Florida Department of Community Affairs." The date (month and year) the document was prepared and the name of the subcontractor or Recipient community responsible for its preparation shall also be shown. �S XIV. Termination (A) This contract may be terminated by the written mutual consent of the parties. (B) If the Recipient shall fail to fulfill in a timely and proper manner its obligations under this contract, the Department shall have the right, without liability, to terminate this contract within ten (10) days after giving written notice to the Recipient of such termination. The Department may also require a pro rata repayment for funds paid to a Recipient who breaches any part of this contract. (C) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of contract by the Recipient. The Department may withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Department from the Recipient is determined. XV. Notice and Contact (A) The contract manager for this contract is: Cherie Trainor Division of Resource Planning and Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 -2100 (B) The representative of the Recipient (not a consultant), responsible for the administration of this contract is: Dean L. Mimms, AICP Director of Building, Zoning & Community Devei.opment Dept. (C) in the event that different representatives are designated by either party after execution of this contract, notice of the name, title and address of the new representative will be rendered in writing to the other party and said notification attached to the original of this contract. e iwS XVI. Terms and Conditions The contract contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: BY: Name and Title Date STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title Date Witness Witness .�s ADDENDUM State of Florida Department of Community Affairs Evaluation and Appraisal Report Assistance Program Contract City of South Miami July 1994 The following workplan shall be executed by the City's Building, Zoning & Community Development Department in order to fulfill the requirements of this contract by and between the City of South Miami, Florida, and the Florida Department of Community Affairs (DCA). I. Condition of Each Element at Time of Plan Adoption (Contract Paragraph III (B)(2)(a)] • I M.W. ma Uwe The support components for each of the adopted plan elements of the Comprehensive Plan will be reviewed for the most pertinent data or analyses reflective of existing conditions at that time. Summaries of these most pertinent data and analyses for each element will be prepared and be presented using maps, tables and narrative text, as appropriate, from support components of each adopted Comprehensive Plan element. C .�. :� �. • •1• August 1995 Dean L. Mimms, AICP Director of Building, Zoning & Community Development None II. Condition of Each Plan Element As of Date of Submittal of Work Products [Contract Paragraph III (B)(2)(b)] • ,1• r•.4 Relevant background data and analyses for each Comprehensive Plan element will be reviewed and updated for significant changes and trends that have occurred between the time of plan adoption and the work product submittal date. The update of each element to reflect current conditions will depend on the breadth and depth of the data and analysis requirements set forth in Rule 9J -5, F.A.C. Work products will consist of a series of narrative text, tables and maps, as appropriate, to document current conditions fundamental to each element. B. Estimated Date of Completion August 1995 Dean L. Mimms, AICP Director of Building, Zoning & Community Development • None. III. Summary of All Comprehensive Plan Land Use Plan Map and Text Amendments [Contract Paragraph III (B)(2)(c)] A summary listing of all land use plan map amendments and all text amendments made to the Comprehensive Plan since adoption in 1989 will be compiled. The listing will briefly identify the type of amendment, year of amendment cycle, DCA amendment reference number, City Commission adoption date, and DCA Notice of Compliance number and date, and will use maps, tables and text, as appropriate. August 1995 C. Staff Responsible Dean L. Mimms, AICP Director of Building, Zoning & Community Development None. ;' IV Updated Existing Land Use Data and Map l Contract Paragraph III (B)(2)(d)] ,�. Work and Task Product Existing City land use tabulations by land use category will be prepared. The approximate acreage shall be provided for the gross land area in each existing land use category. Work products will consist of a map, or map series (at an appropriate scale), and tables of existing land use by land use category and subcategory. August 1995 C. Staff RespQnsible Dean L. Minims, AICP Director of Building, Zoning & Community Development None. V. Existing Conditions Traffic Circulation Map [Contract Paragraph III (B)(2)(e)] A. B. C C Work and Task Product Existing roadways will be inventoried to identify and categorize all public roadways such as collector, arterial and limited access facilities and identify the number of through traffic lanes. In addition, rail line, mass transit facilities and lines, and related facilities will be inventoried. Work products will consist of a series of maps depicting existing roadway facilities and related facilities. Estimated Date of Completion August 1995 Staff Res nsible Dean L. Minims, AICP Director of Building, Zoning & Community Development Anticipated Problems and Obstacles None. of I!; VI. Summary of Condition and Quality of Natural Resources [Contract Paragraph III (B)(2)(f) A. Work and Task Product Significant City natural resources will be inventoried and updated to reflect any changed conditions since the 1989 adoption date and quality of resources using the best available and relevant data. Narrative text will be prepared to describe existing conditions and quality of natural resources. �. I -It August 1995 Dean L. Mimms, AICP Director of Building, Zoning & Community Development D. Anticipated Problems and Obstacles None. 4 1FRUMI The City anticipates using subcontractor(s) for the majority of the work required by this contract. All work is programmed for completion by the Building, Zoning & Community Development Department by August 1995. IrA6 To: From: v C=TY CUF SOUTH M22§_M2 Mayor and City Com `Wi'lliam F pton City Manage Background: INTER - OFFICE MEMORANDUM sion Date: July 21, 1994 Agenda Item I b Re: Comm. Mtg. 7/26/94 Extension of Storm Drain Cleaning Contract for Additional Work Performed On April 5, 1994 the City Commission approved a contract with SOS Plumbing for cleaning storm drains throughout the City. Prior completion of the original contract it was determined that the complex and extensive drainage facilities at South Miami Field, City Hall- Police complex, and Public Works Yard needed to be cleaned. A heavy spring rain storm caused extensive flooding at all three complexes, bringing the problem to our attention. These drainage systems were not cleaned out after Hurricane Andrew. Due to the nature of the situation I have already authorized the contractor to proceed with the additional work. Recommendation: 1- Advantage to City: - Flooding at City facilities will be minimized by having unobstructed storm drains. 2- Disadvantages to city: None 3- The City Manager recommends approval of this Resolution. 4- Funds are available for this purpose from the Storm Water Drain Trust Fund (see page 78 of the 93 -94 budget). .ckaydr.b.ak to 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 $9,130 TO SOS PLUMBING FOR ADDITIONAL WORK PERFORMED AT SOUTH MIAMI FIELD, CITY HALL COMPLEX AND PUBLIC WORKS YARD FOR THE CLEANING OF CATCH BASINS AND CHARGE IT TO ACCOUNT NO 11 -1730 -4640: "STORMWATER DRAINAGE TRUST FUND - MAINTENANCE; REPAIR - STREETS AND DRAINAGE." WHEREAS, the Public Works Department contracted with SOS Plumbing to perform additional work at South Miami Field, City Hall Complex, and Public Works Yard in the amount of $9,130; and WHEREAS, the Public Works Department is responsible for maintaining the infrastructure cleaning of stormwater drainage in order to prevent flooding and pollution; and WHEREAS, the additional work shall not exceed the amount of .9,_30 to be charged to Account No. 11- 1730 -4640: "Stormwater Drainage Trust Fund - Maintenance; Repair Streets and drainage; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. that the City Manager be authorized to disburse to SOS Plumbing an amount not to exceed $9,130 for the cleaning of catch basins at South Miami Field, City Hall Complex M, and Public Works Yard. SECTION 2. that $9,130 of this contract be charged to Account no. 11- 1730 -4640: "Stormwater Drainage Trust Fund - Maintenance; Repair Streets and Drainage." PASSED AND ADOPTED this day of July, 1994 ATTEST: Rosemary J. Wascura City Clerk READ e---ND APPROVED AS TO FORM: Earl G. Gallop City rttorney 6 APPROVED: Neil Carver Mayor CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM 1� To: Mayor & City Commi q Date: July 19, 1994 7/26/94 Commission Agenda From: illiam F. Re: Item # : Ordinance to Reduce the Upton 7 e City Manager Requirements for Leased Parking C. a 0 4 The Land Development Code contains regulations which allow business owners to lease parking spaces from other establishments, in order to provide for required parking; however, current legislation requires a minimum twenty-year lease. This places a great burden on prospective business operators, because most property owners are not willing to encumber their land for the minimum required twenty years. The City Attorney has requested that the Administration prepare the attached amendment to the Land Development Code to reduce the twenty-year requirement to a single year and to provide for a simplified approval and renewal process that is more user - friendly. ' O • �_. 1. Advantage to City: Provides for increased flexibility for the business community. 2. Disadvantages to City: None. 3. This Ordinance is sponsored by the City Attorney. 4. This Ordinance amends § 20-4.4 (F)(2)(c) of the Land Development Code. 7 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.4 (F)(2)(c) OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REQUIRED LEASE TERM AND TO SIMPLIFY PROCEDURES AND CONDITIONS FOR LEASED OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; PROVIDING FOR' ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami adopted a Land Development Code on October 25, 1989, via Ordinance No. 19 -89 -1441, including provisions for off -site parking under Section 20- 4.4 (F)(2)(c); WHEREAS, upon review of the regulation, City Administration finds that the twenty-year minimum lease as required under Section 20-4.4 (F)(2)((c) is excessive; and, WHEREAS, the Administration seeks to simplify the procedures regarding the conditions of approval for leased off -site parking; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20-4.4 (F)(2)(c) of the Land Development Code be, and is hereby, amended as follows: (c) Off -site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist or held under a lease with a remaining term of twei" (2-0) -yem at least one (1) year, or-inert, --dndeir- whieh-dw- lessee- is- the-owFer--of dw4et on wMcA4he-pFiae3pe1- -user will- e issuanee -44he bung -peFmit-€OF the -- priRipal -we ,the- owner -o€ the -E)ff site- pmkixg- shall -Feeof -a cove � $ste nam in feF�d- su ee-- sa6s€aeteFy- to- 4he- Eits+- AtteFne - aatl- Eity -Ee ss M-vi ling r- eE -eFd-- eofice --e€ tie-£f4m _itfneRt- o€ Oat -land-- to -paFk* -des- €eF- dw pFi wipel-use. If at any time such off -site parking ceased to be under the same ownership or control as the principal use or ceased to be used for parking for the principal use, the eeFti€ cafe- o€- �Ee�- €oF- tfie-- pFi�ipel- -ase•- shat}-- lje- s�tl}jec� �- Feveeatien� -fie Eo iss3en7- -a€ter-- netiee - -an& herring occupational license(s) shall be subject to revocation by the City Manager._ Evidence that the lease is in effect shall be submitted each year upon renewal_ of occupational Lcense(s). Such renewal shall be conditioned upon the aMmal of the lease agreement by the City Manager. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED THIS 26th DAY OF JULY, 1994. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR c:\reports\lease-pk.ord A % . v TO BE HEARD REGULARD CITY COMMISSION MEETING Name � // //Z Date: Address: Telephone number during business hours: �S• 77�/ State reason for which you want to be heard:cZlS�i�U% cif r'� ' � i . �� �✓�/� ,� G�-� ����� Address of property: �n2