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09-20-94Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: September 20, 1994 6130 Sunset Drive, So. Miami, FL Next Meeting date: October 4, 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 - Sept. 7 and continuation on Sept. 9 2) City Manager's Report 3) City Attorney's Report 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CONSENT AGENDA 4. A Resolution of the Mayor and City Commission of South Miami, Florida, appointing Commissioner Tom Cunningham as Commission Liaison to the Dade League of Cities. (Mayor Carver) 3/5 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida appointing Susan Redding as a member of the Specialty Retail /Residential District Review Committee of the City of South Miami, to serve in such capacity until October 1, 1996, or until a successor is duly appointed and qualified. (Mayor Carver) 3/5 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida appointing Subrata Basu as a member of the Specialty Retail /Residential District Review Committee of the City of South Miami, to serve in such capacity until October 1, 1996, or until a successor is duly appointed and qualified. (Mayor Carver) 3/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to award a bid to Homestead Concrete and Drywall, Inc., in the amount of $30,000 for asphalt, to repave and repair streets and replace two catch basins; bid from City of Miami bid list number B4560 disbursement to be charged to Account Number 1730 -4640 "Public Works Department Street Maintenance." (Administration) 3/5 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of one 10 Station Vita Course from Kompan /Big Toys of Florida, Inc. for a total price not to exceed $3,224.00 by the Recreation Department and charging the disbursement to Account No. 2000- 6430: "Recreation - Equipment - Operating." .(Administration) 3/5 35 36 none 37 ORDINANCES - SECOND READING AND PUBLIC HEARING RESOLUTIONS FOR PUBLIC HEARING 38 9. A Resolution of the Mayor and the City Commission of the City 39 of South Miami, Florida, approving a settlement agreement. 40 (City Attorney Gallop) 4/5 September 20, 1994 Page 2 1 RESOLUTIONS 2 10. A Resolution of the Mayor and the City Commission of the City 3 of South Miami, Florida, approving City Attorney Fees. 4 (City Attorney Gallop) 3/5 5 ORDINANCES - FIRST READING 6 11. An Ordinance of the City of South Miami, ;Florida, amending 7 the Land Development Code by creating Section 20 -3.6 8 (H) (2) (c) (i) which provides for language and graphics which 9 illustrate both acceptable and unacceptable examples of wooden 10 fence types; creating Section 20 -3.6 (H) (2) (c) (ii) which 11 provides for language and graphics which illustrate both 12 acceptable and unacceptable examples of masonry wall types; 13 creating Section 20 -3.6 (H) (2) (c) (iii) which provides for 14 language and graphics to illustrate both acceptable and 15 unacceptable examples of lattice fence types; creating Section 16 20 -3.6 (H)(2)(d) which provides for height restrictions for 17 trellises and hedges along rights -of -way; creating Section 20- 18 3.6 (H) (2) (e) which provides for an exemption for vines as 19 defined under Section 20 -2.3 regarding the opacity 20 requirements of Section 20 -3.5 (H) (2) (c) ; creating Section 20- 21 3. 6 (H) (2) ( f ) which provides for light fixtures to extend 16 22 inches above the maximum height for physical barriers on 23 single- family residential properties; providing for 24 severability; providing for ordinances in conflict; and 25 providing for an effective date. 26 (Commissioner Cooper) 3/5 27 12. An Ordinance amending Section 20 -3.6, (N)(1)(c) of the Land 28 Development Code of the City of South Miami, changing side 29 setback requirements for canopy carports, and providing for 30 severability, conflict, and an effective date. 31 (Administration) 4/5 32 PUBLIC REMARKS 33 COMMISSION REMARKS September 20, 1994 Page 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 DEFERRED /TABLED I 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 trellises and hedges; providing for a policy concerning vines; and providing for a policy concerning the height of light fixtures permitted to extend above the maximum height for physical barriers. (2) D An Ordinance of the City of South Miami, Florida, amending Section 20 -3.3 (D) of the Land Development Code to permit Dry Cleaning Plants in the "GR" General Retail Zoning District; amending Section 20 -3.4 (B)(7)(a) of the Land Development Code to remove the distance requirement; amending Section 20- 3.4001b) of the Land Development Code to include all manner of self - contained dry cleaning units; providing for ordinances in conflict, providing for severability; and providing for an effective date. (Commissioner Cunningham) (1) September 20, 1994 Page 4 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF SOUTH 3 MIAMI, FLORIDA, APPOINTING COMMISSIONER TOM CUNNINGHAM AS 4 COMMISSION LIAISON TO THE DADE LEAGUE OF CITIES. 5 Whereas, the City of South Miami is a member of the Dade 6 League of Cities; and 7 Whereas, the Commission desires to designate commission 8 liaison. 9 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY 10 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 11 Section 1. That Commissioner Tom Cunningham is appointed for 12 a one -year term as Commission Liaison to the Dade League of Cities 13 from October 1, 1994 - October 1, 1995. 14 PASSED AND ADOPTED this 20th day of September, 1994. 15 APPROVED: 16 17 Mayor Neil Carver 18 ATTEST: 19 20 Rosemary J. Wascura 21 City Clerk 22 READ AND APPROVED AS TO FORM: 23 24 25 Earl G. Gallop City Attorney 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA APPOINTING SUSAN REDDING AS A 4 MEMBER OF THE SPECIALTY RETAIL /RESIDENTIAL DISTRICT 5 REVIEW COMMITTEE OF THE CITY OF SOUTH MIAMI, TO SERVE IN 6 SUCH CAPACITY UNTIL OCTOBER 1, 1996, OR UNTIL A SUCCESSOR 7 IS DULY APPOINTED AND QUALIFIED. 8 WHEREAS, by Resolution No. 54 -92 -4260 adopted on April .21, 9 1992, the City of South Miami established a Specialty 10 Retail /Residential District Review Committee to be comprised of 11 seven members; and 12 WHEREAS, there is currently a vacancy on that Committee. 13 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY 14 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 15 Section 1. That Susan Redding be, and hereby is appointed as 16 a member of the Specialty Retail /Residential District Review 17 Committee of the City of South Miami, Florida, to serve in such 18 capacity until October 1, 1996 or until a successor is duly 19 appointed and qualified. 20 PASSED AND ADOPTED this 21 22 23 ATTEST: 24 25 Rosemary J. Wascura 26 City Clerk 27 READ AND APPROVED AS TO FORM: 28 29 Earl G. Gallop 30 City Attorney 31 s day of i r RESUME CITY OF SOUTH MIAMI Date: July 21, 1994 Name: Susan Redding Address: 7930 SW 58 Court South Miami, FL 33143 Phone No. home: 661 -7316 work: - -- Years residing in So. Miami: 22 years Education: BBA '57 University of Miami CLU '85 organizations you belong to: Amer. Bus. Women, NALU & CLU Assns., Coral Gables Pinewood Cemetery Board, Chamber of Commerce, Alliance for Youth, Recreation Committee, Marketing Tax Force Committee. Job Description: Life Insurance Agent /Registered Representative Special interests: the community of the City of South Miami Below are listed South Miami Advisory Boards and Committees. Please circle two and mark first and second choice. Capital Improvement Advisory Board: Composed of residents as well as persons operating businesses in the City. Total of 5 (five) members appointed by the Mayor with the advice and consent of the Commission. Board meets once a month as determined by chair. Code Enforcement Board: Created pursuant to Chapter 162, Florida Status. Board meets every second Thursday of every month. City Attorney shall be counsel to the Board. Commercial Development Board: Consist of 5 (five) members. Appointed by the Mayor with the advice and consent of the Commission. Board shall meet every three months. 1 Environmental Review Board: The Environmental Review Board, shall have five (7) members. Members shall be appointed by the Mayor with the advice and consent of the Commission. All members shall be residents of or have offices in the City of South Miami. Board meets first and third Tuesday of every month. Pension Board: The Board shall hold meetings upon notice, at City Hall, and at such times as its members may from time to time determine. Personnel Board: The Personnel and Merit Board shall have the composition, functions and duties as (formerly) provided by Article VII of Chapter 8 and as altered, amended or changed hereafter. Board meets upon notice at City Hall. Planning Board: The Planning Board shall make recommendation to the Commission on matters concerning the following: Zoning changes, Variances, Nonconforming Uses, Appeals, Special Uses, etc. Consist of seven (7) members, appointed by the Mayor with the advice and consent of the Commission. Board meets second and last Tuesday of every month. Public safety: Board consist of five (5) members, appointed by the Mayor with the advice and consent of the Commission. Meets at least once every three (3) months. Recreation Advisory Board: Consist of five (5) members, appointed by the Mayor with the advice and consent of the Commission. Meets at least once every three (3) months. Please mark: Choice #1 Pension Board Choice #2 ERPB & Historic Preservation Rev. 5/18/94 2 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA APPOINTING SUBRATA BASU AS A 4 MEMBER OF THE SPECIALTY RETAIL /RESIDENTIAL DISTRICT 5 REVIEW COMMITTEE OF THE CITY OF SOUTH MIAMI, TO SERVE IN 6 SUCH CAPACITY UNTIL OCTOBER 1, 1996, OR UNTIL A SUCCESSOR 7 IS DULY APPOINTED AND QUALIFIED. 8 WHEREAS, by Resolution No. 54 -92 -4260 adopted on April 21, 9 1992, the City of South Miami established a Specialty 10 Retail /Residential District Review Committee to be comprised of 11 seven members; and 12 WHEREAS, there is currently a vacancy on that Committee. 13 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY 14 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 15 Section 1. That Subrata Basu be, and hereby is appointed as 16 a member of the Specialty Retail /Residential District Review 17 Committee of the City of South Miami, Florida, to serve in such 18 capacity until October 1, 1996 or until a successor is duly 19 appointed and qualified. 20 PASSED AND ADOPTED this day of 21 22 23 ATTEST: 24 25 Rosemary J. Wascura 26 City Clerk 27 READ AND APPROVED AS TO FORM: 28 29 Earl G. Gallop 30 City Attorney 31 6 APPROVED: Mayor, Neil Carver 1994. SUBRATA BASU 5727 S.W. 49 Street Miami, Flortda 33155 305 667 -1 351 PROFESSIONAL EXPERIENCE City Architect City of Corot Gables Coral Gables, Rorldo Jan. 1964 -To date • Directed ap Public Facilities related capital improvements • Prepared and Implemented annual budget • Counselled various departments In developing their short and long Term facilities needs • Developed and Implemented consultant selection process for the City • Administered all architectural services agreements and directed all consultant work • Directed projects from conception through occupancy • ?rovioea technical assistance for maintenance of all Clty -owned facilities, lncluding severa. hlstork: properties listed on the National Register Directed Lease and property management efforts • Provided staff assistance to Property Advisory Board • SupeMsed and recruited professional staff Acting Doveknxv 1 Director City of Coral Gables Coral Gables. Florida April 1988 - September 1989 • Developed and Implemented goats, objectives and a one year pion of action to promote Coral Gables • Prepared and Implemented budget for the Department Develooed and Imolemented urban design plans to uograae downtown environment to re- vial¢e commercial and retail act"lea, + Dlrecma Oftrt to aeflne development mentlal for a major ceveiooment project aril cu- thorea the request for proposal document • Directed preparation of the advertising plan for the City to attract multinational compcnes • Developed procedures to follow up leads and prospects + Assisted organizations to locate In Coral Gables • Directed updating and upgrading of all print and audio /visual promotional rnmerlot • Developed and maintained effective relationship with the local Chamber of Commerce, the Mercnants' Aaaockrtion and other related organzations • Provided staff assistance to Economic Development Board Acting Public Waft tMecAw/Facilli!{es City of Corm Gables Coral Gables, Florida Jury 1985 - Feb. 1986 Suoerv"d and directed Architectural, Facilities Maintenance and administrative staff and activities. 7 - - •V �'1 ' + j. 'V v 4 ' ' ^I.I ' +VV VVVVVV VVVMVV I. V SUBRATA BASU Pro►ect Manager Borema Bermello Kurkl and Vera Inc.. Archltects /Planners Carat Gamins. Flonaa 1984.1983 Profeuionci EXDenencv conttnuea / pcge 2 Preaeslgn anatyW including zoning studies, programming, site analysis Development potential studies Conceptual design through contract documentation Auockrte /Project Pknrte► Schimpeler, Corrodlno Associates (a joint venture firm of Kaiser Transit Group) Miami. Florida 1977 -1979 Day to day supervision and direction of the preparation of the Station Area Design and De- velooment program Review of station plans for compliance wah station area development means ana onjec-rves Review projects with joint venture potential between Dooe County and private developers along me Metrorall corridor Urban DeWWw/Pkm wr Department of Development Division of Planning Columbus, Ohio 1975-1977 Community planning, neighborhood definition study Urban assign studies, site plan reviews EDUCATION Master of City and Regional Planning /Ohio Stare University 1978 Master of, Arcnitecture/Ohio State University 1975 3acneior of Arenitecture /Indlan Institute of Technology 1966 PROFESSIONAL RIG;MAT10N Architecture: Regitered In Honda PROFESSIONAL AFFMAIMON American Institute of Arch;tbcts (AIA) American Planning Auociatir n American Institute of Certified Planner (AICP) American Public Works Associar ,n Nationai Trust for Historic Preservation COMMUNITY INVOLVDAENT • Board & Dtrector ' ,'^mi Chapter, American Institute of Architects 1989 • Member and VICe C, .-ir /Code En e—cement Board City of South Miami 1988 - to Dote • Served as Design Critic at varlous urban design, orchltecture and Interior design studios Adjunct Lecturer, Department of Conmiction =londa Inteme tional University 19WI987 • Advisor /Junior Achievement 1981 -1982 I 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 3 OF THE CITY OF SOUTH MIAMI, FLORIDA, 4 AUTHORIZING THE CITY MANAGER TO AWARD A BID TO 5 HOMESTEAD CONCRETE AND DRYWALL, INC., IN THE 6 AMOUNT OF $30,000 FOR ASPHALT, TO REPAVE AND 7 REPAIR STREETS AND REPLACE TWO CATCH BASINS; 8 BID FROM CITY OF MIAMI BID LIST NUMBER B4560 9 DISBURSEMENT TO BE CHARGED TO ACCOUNT NUMBER 10 1730 -4640 "PUBLIC WORKS DEPARTMENT STREET 11 MAINTENANCE." 12 13 WHEREAS, The 1993 -94 budget authorized an expenditure of 14 $30,000 for street repairs and maintenance, and 15 WHEREAS, the Comprehensive Plan mandates an annual 16 appropriation for street maintenance and repair. 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 19 Section 1. That the City Manager award a contract to 20 Homestead Concrete & Drywall, Inc. for street paving and repair and 21 repair of two catch basins. 22 Section 2. That this disbursement be charged to account 23 number 1730 -4640: "Public Works Department, Street Maintenance." 7 1 PASSED AND ADOPTED this day of September, 1994. 2 3 4 5 ATTEST: 6 7 City Clerk 8 READ AND APPROVED AS TO FORM: 9 10 6 CITY ATTORNEY APPROVED: MAYOR r. C 2 TY O F S OUTH M2 AM Z INTER - OFFICE MEMORANDUM To: Mayor and ommission From: illia ampton City Manager '7 Date: September 15, 1994 Agenda Item 17 Re: Comm. Mtg. 9/20/94 Award of Street Repaving Contract Background: Each year the budget includes an appropriation to repair and repave residential streets. For 93 -94 the following locations are scheduled to be repaved: Intersections Streets 1. SW 77 Ter & 59 Ave 1. SW 70 St from SW 64 Ct to SW 62 Ave 2. SW 80 St & 59 Ave 2. SW 62 Ct from SW 69 St to SW 70 St 3. SW 85 St & 58 Ave 3. SW 63 Ave from SW 70 St to SW 72 St 4. SW 86 St & 58 Ave 4. SW 63 Ct from SW 70 St to SW 72 St 5. SW 87 St & 59 Ave 5. SW 64 Ct from SW 70 St to SW 68 St 6. SW 85 St & 59 Ave 6. SW 64 Ct from SW 70 St to SW 72 St 7. SW 84 St & 59 Ave 8. 6130 SW 79 St Recommendation: 1- Advantage to City: - City streets will be repaved and the Comprehensive Plan complied with. 2- Disadvantages to city: None 3- The City Manager recommends approval of this Resolution. 4- This resolution is in compliance with the approved 93 -94 budget. aVepaving. 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 3 OF THE CITY OF SOUTH MIAMI, FLORIDA, 4 AUTHORIZING THE PURCHASE OF ONE 10 STATION 5 VITA COURSE FROM KOMPAN /BIG TOYS OF FLORIDA, 6 INC. FOR A TOTAL PRICE NOT TO EXCEED $3,224.00 7 BY THE RECREATION DEPARTMENT AND CHARGING THE 8 DISBURSEMENT TO ACCOUNT NUMBER 2000 -6430: 9 "RECREATION - EQUIPMENT - OPERATING." it 11 WHEREAS, pursuant to the 1993 -94 Budget of the City of 12 South Miami, Florida, the Recreation Department of the City of 13 South Miami, Florida was authorized to purchase one 10 Station Vita 14 Course for installation in Dante Fascell Park; and 15 WHEREAS, the Administration of the City of South Miami 16 has now obtained at least three bids and recommends Kompan /Big Toys 17 of Florida, Inc. with a total cost of $3,224.00 for one 10 Station 18 Vita Course as the lowest responsible bidder; and 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 21 Section 1. That a purchase order be, and hereby is, 22 awarded to Kompan /Big Toys of Florida, Inc. in an amount not to 23 exceed $3,224.00 for one 10 Station Vita Course for installation in 24 Date Fascell Park. 25 Section 2. That the disbursement be charged to account 26 number 2000 -6430: "Recreation - Equipment - Operating." [i 1 PASSED AND ADOPTED this day of September, 1994. 2 APPROVED: 3 4 MAYOR 5 ATTEST: 6 7 City Clerk 8 READ AND APPROVED AS TO FORM: 9 10 CITY ATTORNEY ,ddWfto� C= TY O F SOUTH M 31 AM = INTER - OFFICE MEMORANDUM To: Mayor and City Co 1-sson From: ZiliamlFrr on City Man 11 Background: Date: September 15, 1994 Agenda Item 18 Re: Comm. Mtg. 9/20/94 93 -94 Budget - Purchase of Vita Course for Dante Fascell Park The 93 -94 Recreation Department budget includes funds for the purchase of one ten station vita course for Dante Fascell Park. The total purchase price of $3,224 may be reduced by $1,000 if the City accepts the offer of Mr. Mike Carricarte, a life time resident of South Miami. Mr. Carricarte owns American Medical Express, an Insurance Business in South Miami and want to contribute $1,000 toward the Vita Course cost. In exchange, the City would place a plaque in the Park in memory of Mr. Carricarte's deceased brother. I recommend acceptance of this offer. The following bids were obtained: 1. Kompan /Big Toys of Florida, Inc. $3,224.00 2. Southern Park & Play systems, Inc. 6,704.30 3. Landscape Structures 6,730.44 Recommendation: 1- Advantage to City: - New vita course installed at Dante Fascell Park with citizen financial assistance. 2- Disadvantages to city: None 3- The City Manager recommends approval of this Resolution and acceptance of Mr. Carricarte's $1,000. 4- This resolution is pursuant to 93 -94 budget. aWacuum- .1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, APPROVING A SETTLEMENT 4 AGREEMENT 5 WHEREAS, a former employee of the City of South Miami, filed 6 an action against the city entitled David Coley v. City of South 7 Miami, Case No. 93- 1740 -CIV -KING (S.D.Fla.1993) alleging age 8 discrimination in violation of the Age Discrimination in Employment 9 Act of 1967 (29 U.S.C. S 623); 10 WHEREAS, Mr. David Coley also claims compensatory damages for 11 improper termination of employment, emotional distress, personal 12 injury, humiliation, and injury to reputation; 13 WHEREAS, the City of South Miami denied the allegations and 14 the claims; 15 WHEREAS, the South Miami City Commission and David Coley 16 desire to settle the claims in order to avoid the uncertainties and 17 costs of litigation; and, 18 WHEREAS, S 164.106, Fla. Stat. requires that a settlement of 19 a lawsuit in which the governing body of a municipality is a 20 defendant be subject to a public hearing. 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 Section 1. Approve the settlement agreement that is 24 annexed and made a part of this resolution as App.l. 25 Section 2. The settlement amount of $55,000 will be 26 charged to account no. 1500 -9920; Self - Insurance Fund - Settlements. 27 Section 3. This resolution is effective upon passage. The 28 settlement funds will be paid out within ten days of execution of 29 the Settlement Agreement by all parties and approval of the 30 agreement by the court. 31 PASSED AND ADOPTED this 20th day of September, 1994 32 APPROVED: 33 34 MAYOR 35 ATTEST: 36 37 CITY CLERK 38 READ AND APPROVED AS TO FORM: 39 40 CITY ATTORNEY coleyset.res SETTLEMENT AGREEMENT This Settlement Agreement ( "Agreement ") is entered between_ DAVrD COLEY and THE CITY OF SOUTH MIAMI (the "City ") WHEREAS, David Coley was formerly employed by the City; and WHEREAS, David Coley has ;riled an aotion against the City entitled David Coley v. City of South Miami, U.S. District ^.ourt Case No. 93- 1740 -CIV -KING, alleging employment cl- scrimination in violati'en of the Age Discrimination in Employment Act of 196' (includirg alleged violations of 29 U.S.C. 9 623); and WHEREAS, David Coley also claims that compensatory damages are due to him =rorr. the City for improper terlrl_ nuL.Ion, emotional distress, personal injury, personal embarrassment, ann injury t;:) reputation; and wEEREAS, the City has denied David Ccley's claims; and A*HEREAS, the parties prefer to avoid the -ancerta`_ntias and expense of further litigaticn. NOW, '^:iEREFORE, in consideration of all -nutual prc ises contained herein, it is agreed between David Coley and the City and follows: 1. Dismissal of Action_ S= multanecusly with the signing of this Agreement, David Cclay and his attorney will execute the attached Sti oulaLlOn for City Page 1 of 8 9 APP. 1 Coley w ` v v 1 1 •!! . vV .IV Lrf. •. l.li . •:f> fIV. JV.. v I./ vvV� . 1 Vv Dismissal, and will cause same to be filed with the Cour= forthwith. 2. Consideration Within ten (10) days after the effective date of this Agreement, the City will pay David Coley a lump suit payment in =he amount of Fifty Five Thousand Dollars ($55,000.00) . Said check shall be made payable to the Law Offices of Jonathan M. Sabghir, P.A. Trust Account: David Coley understands and agrees that the sum of ;Honey Faid to him under this Agreement is all he is enzitled to receive from the City. David Coley further agrees that the money 1 will receive pursuant to this Agreement wiil be deemed damages (constituting compensation for any and all claimed injuries allegedly caused by the city) and attorney's fees and costa. Furthermore, David Coley agrees that should the Internal Revenue Service determine that any mcney received pursuant to this Agreement is taxable as wages or ctherwise, he will indemnify or reimburse the City for any and all taxes and /or penalties owed by the C;ty on these amounts. 5. Adequate Consideration /Additional Consideration David Cole7 agrees that payment to him of the money tiet forth herein constitutes adequate and ample consideration for the rights and claims he is waiving under this Agreement, and for the obligations imposed upon him by virtue of this Agreement. Pur, v her, David Coley agrees that this Agreement provides him with additional City Page 2 of 8 Coley u u L,1 V vY 1 .11 l i - IV :lV L.L LII .1lil l L .1:: liV, 'V.J )I,) --. ,L l.Y or extra consideration to waive any claim of age discrimination that he might now have against the City. 4. Waiver In exchange for the sum of money referred to in paragraph nu- mbered 2 of this Agreement, David Coley knowingly and voluntarily wa; ves any and all known and unknown rights and claims which he has or may have against the City as of the date of cxccution of this Agreement, including but not limited to any alleged violation oi: - The Public Employees Relations Act; - Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991; - Sections 1981 through 1988 of 'Title 42 of the United States Code; - The Employee Retirement Income Security.Act of 1974; - The Immigration Reform and Control- Act of 1996; - The Americans with Disabilities Act of 1990; - The Age Discrimination in Employment Act of 1767; - The Older Workers Benefit Protection Act; - The Fair Labor Standards Act; - The Equal Pay Act of 1963; - The Occupational Safety and Health- Act; - The Family and Medical Leave Act of 1993; - The Florida Civil Rights Act; - The Florida Wage Discrimination Law; - The Florida Equal Pay Law; - The Florida Wage and Hour Laws; City Page 3 of 8 Coley The Florida Occupational Safety and Health. Laws; Any other federal, state or local civil or human \Zights law or any other federal, state or local law, regulaticn; ordinance or const:ituticn; or Any public policy, contract, or common law, '_r.Clud:ng any tort claims. '.his waiver also bars any claim or demand for costs, fees, or other expenses including attorneys' fees incurred in cor_necticn with any of the above- referenced claims. David Ccley acknowledges and agrees that this Agreement constitutes a full and final bar tc any and all claims of any type that he now has against the City. David Coley further agrees that he is not entitled to employment at the City in the future, and will not apply for re-employment at the City. 5. No Lawsuits Or Claims David Coley premises not to institute or have inszituted on his behalf anv lawsuit or claim based on any -lair, or w'igirt he is waiving above. David Coley agrees that with respect to the claims he is waiving herein, he is waiving not only his right to recover motley or other relief in any action that he ;night ` nstitute but also that he is waiving his right to recover money cr other relief in any action that might be brought on his behalf by any other person or entity, including but not lamized to the United States Equal Employment Opportunity Commission or any other f,�:deral, state or local c rovernmer_tal agency or department. C. _J ty Page 4 of 8 Co1Py L L.C. ....I 1 L. :Z(: 1W. JVJ 6. Breach of Agreement David Coley agrees that if he breaches any of the promises set forth in this Agreement, the City shall have the right to require David Coley to return all :ponies paid to hi^-, pursuant to this Agreement. in addition, David Coley agrees that if ::e breaches any of the promises set forth in this Agreement or if he instit::tes a lawsuit to challenge this Agreement, he will pay all costs and attorneys' fees incurred by the City in defending against any such claim or challenge. 7. Encouraccement tc Consult Attorney A. The City hereby encourages David Coley cc consult with an attorney before signing this Agreement. B. David Coley acknowledges that he has consulted his attorney efore signing this Agreement. S. Time to Consider Sign, inq Agreement David Coley agrees that he has been given a reasonable period of time wi -_hin which to decide whetter to sign, this Agreement. 9. Explanation of Agreement /yolur_tam-4 David Coley and his attorney agree that this Agreement has been read to David Coley and that. his attorney h.as explained its terms and meaning to David Coley. David Coley agrees that he is entering into this Agreement knowingly and vo1untar_iy. City Page 5 of e Coley ki 10. Effective Date This Agreement shall become effective and enforceable upon execution by asl parties. =1. Waiver of Rights and Claims Against David Coley The City knowingly and voluntarily waives any and all known. and - nkncwn rights and claims which the city has or may have against David Coley as of the date of execution of this Agreement based -.,upon any act or event occurring before the date of the execution of this Agreement. 12. Avon- Admission of wronadoinC David Coley acrrees that neither this Agreement nor the furnishing of any consideration: under thws Agreement shall be construed as an admission by the City of any liability or unlawful conduct. To the Contrary, the City denies that it is in any way liable to David Coley, 13. Governing Law and Interpretation -?his Agreement shall he governed and construed in accordance with the laws of the State of Florida. If any provision of this Agreement is declared illegal or unenforceable by any court of competent jurisdiction and if it cannot be modified to be enforceable, such provision shall imi;iediately become null and void, leaving the remainder of this Agreement in full force and effect. City Page 6 of 8 Coley 11 V. J V J 14 . Entire Agreement This Agreement sets fort t'-ie entire acreement between the City and David Coley and- shall supersede any and a1= prior agreements er understandings, whether written or oral, between the part-,es, except as otherwise specified in this Agreement. David Ccley acknowledges that he has not relied on any represen.taticns, promises, or agreements of any kind made to hi*n in cc- nnecti.on with his decision to sign this Agreement except for those set forth :.n this Agreement. 1S. Amendment This Agreement may not be amended except by written agreement signed by both parties. 16. Headings Section headings are used herein for convenience of reference only and shall not affect the meaning of any provisions of this Agreement. 17. �1�T7i'�PS In the event of a dispute as tc the -Interpretation, app::icaticn or violation of this Agreement, it is understood and agreed that such dispute shall be submitted to final and b'_:dina arbitra tion in Dade County, F1or:.da, pursuant to the zules of the Ame_•ican Arbitration Association. City n k/ Page 7 of 8 Coley . -U: 11V, JVJ JIJ HAVING ELECTED TO EXECUTE THIS AGREEMENT AND TO FULFILL THE 11.;.1j PROMISES SET FORTH tIEREIN, DAVID COLEY FREELY AND KNOWINGLY, AND AFTER DUE REFLECTION, ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE, SE'T'TLE AND RELEASE ALL CLAIMS HE HAS OR MIGHT NOW HAVE AGAINST THE CITY, AS SET FORTH ABOVE. IN WITNESS WHEREOF, the parties hereto knowingly and voluntarily executed this Agreement as of the date set forth below: THE CITY OF SOUTH MIAMI DAVID COLEY By: Neil Carver Mayor Date: STATE OF FLORIDA } COZ77Y OF DADE ; The foregcing instrument was executed before me this day of 1994, by NEIL CARVER, who is personally known by me [or who has produced as identif_oation 'and who took an oath. Notary Public, State of Florida Date: STATE OF FLORIDA ) COUNTY OF DADE ) The foregoing instrument was executed before me this _ day of , '1994, by DAVID COLEY, who is personally known by me [or who has produced as identification.] and whc; took an oath. Notary Public, state of Florida Print Name: Print Name: My Commission Expires: My Commission Expires: ESS494dp Page 8 of 8 id 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, APPROVING CITY ATTORNEY 4 FEES 5 WHEREAS, the South Miami City Commission approved Resolution 6 No. 99 -94 -9500 authorizing the payment of City Attorney non- 7 retainer legal fees and costs; 8 WHEREAS, the City Attorney submitted the invoices for fees and 9 costs which are attached to this resolution; and, 10 WHEREAS, the South Miami City approves the invoices. 11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 12 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 13 Section 1. The City Attorney's invoices for legal fees and 14 costs, which are annexed and made a part of this resolution as 15 composit App.l., are approved for payment. 16 Section 2. The amount of $7,073.22 will be charged to 17 account no. 1500 -3410; City Attorney- Consulting. 18 Section 3. This resolution will be effective upon passage. 19 PASSED AND ADOPTED this day of , 1994 20 APPROVED: 21 22 23 ATTEST: 24 25 CITY CLERK 26 READ AND APPROVED AS TO FORM: 27 28 CITY ATTORNEY 29 Attyfee.res /O MAYOR City of South Miami INTER - OFFICE MEMORANDUM M E M O R A N D U M TO: Mayor and City Commission William Hampton, City Manager FROM: Earl G. Gallop RE: Invoices for- p rofessional services DATE: September 13, 1994 This memorandum describes and transmits invoices for the separate billing files. The files are identified as: 9447 -01 Marshall Apartments Lien Foreclosure Identifying ownership and encumbrances, evaluating priority of liens, requesting releases of liens, evaluating whether to accept deeds in lieu of foreclosure, if necessary, initiating foreclosure action. 9447 -02 Valenti v. Code Enforcement Board Defending action for declaratory and injunctive relief, initiating action to require code inspection of unpermitted work, corrective work, removal of structure in violation of setback. 9447 -03 Mandelstam v. City of South Miami Assisting in defense of inverse condemnation action to protect City's interest in claim that is not covered by self- insurance contract. 9447 -04 Foreclosure of City Liens Foreclosing code enforcement and other municipal liens, providing assistant for auditing code enforcement lien files. 9447 -05 Melton v. City of South Miami Defending action for declaratory and injunctive relief to determinie owner's right to build two houses on two substandard lots. /0 9447 -06 Bakery Centre Administrative Adjudication Defending administrative action by RTC before the Florida Land and Water Adjudicatory Commission (Governor and Cabinet), negotiating settlement of action, negotiating development agreement. 9447 -07 General Real Estate Matters Correcting prior vacation of right of way, amending Girl Scout lease and other matters requiring title work (general real estate matters is handled by a firm title attorney) , evaluating offers to donate real estate to the City, identifying owners and encumbrances, determining conditions under which donations will be accepted. CSM\7.FTrFRC\BILLING.MEM 2 RAUL A. ARENCIBIA GUY B. BAILEY, JR. ELIZABETH S. BAKER KATHY J. BIBLE SCOTT L. CAGAN TIMOTHY CONE STEVEN CARLYLE CRONIG JAMES C. CUNNINGHAM, JR. RICHARD M. DAVIS EARL G. GALLOP JUDITH B. GREENE RICHARD H. HUNT, JR. BRUCE HURWITZ JESSE C. JONES Mr. William Hampton City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 BAILEY HUNT & JONES A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI, FLORIDA 33131 -2623 TEL. (305) 374 -5505 FAX (305) 374 -6715 September 13, 1994 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Our File Nos.: 9447 -01 - 9447 -06 Dear Mr. Hampton: OF COUNSEL LAWRENCE S. EVANS JEROME M. HESCH' J. BRUCE IRVING ROBERT E. SCHUR SENIOR COUNSEL WM. R. DAWES GEORGE J. BAYA (INACTIVE) 'ADMITTEO IN NEW YORK ONLY Enclosed are statements for professional services rendered and for costs advanced for the months of June, July, and August 1994. I tabulated the amounts due on each individual file as follows: 9447 -01 Marshall Apartments Prof'l Services $ 1,760.50 Disbursements 3.95 Previous Balance 0 Total Due 1,764.45 9447 -02 Valenti vs. CSM 9447 -03 Mandelstam v. CSM 9447 -04 Lien Foreclosures A Prof11 Services $ 52.50 Disbursements 0 Previous Balance 0 Total Due $ 52.50 Prof11 Services $ 735.00 Disbursements 4.34 Previous Balance 0 Total Due $ 739.34 Prof'1 Services $ 0 Disbursements 0 Previous Balance 0 Total Due $ 0 Mr. William Hampton September 13, 1994 Page -2- 9447 -05 Melton v. CSM Prof11 Services $ 1,793.75 Disbursements 21.48 Previous Balance 0 Total Due $ 1,815.23 9447 -06 Bakery Centre Prof11 Services $ 2,003.75 Disbursements 0 Previous Balance 0 Total Due $ 2,003.75 9447 -04 General Real Estate Prof11 Services $ 578.25 Disbursements 119.70 Previous Balance 0 Total Due $ 697.95 CURRENT TOTAL DUE $ 7,073.22 PREVIOUS BALANCE 0 TOTAL DUE $ 7,073.22 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, 7 � r Earl G. Gallop EGG:sgs Enclosures 94d700.bi1 BAILEY HUNT & JONES IO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW City of South Miami 6130 Sunset Dr. c/o William F. Hampton South Miami, FL 33143 BAILEY HUNT ..JONES & GUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI, FLORIDA 33131.2623 TEL. (305) 374.5505 FAX (305) 374.6715 FOR PROFESSIONAL SERVICES RENDERED: August 8, 1994 Matter: 944701 South Miami, City of adv. Marshall Apartments lien foreclosure ---------------------------------- 07/01/94 EGG Reviewing memorandum regarding abstract of title; meeting between Earl G. Gallop and Steven C. Cronig; instructions to Charisse C. Delgado to obtain mortgage estoppel letters; preparing memorandum to Mr. Hampton regarding further handling 07/05/94 JMH Preparing memorandum regarding charitable deduction for release of lien in real estate owned by the City of South Miami 07/11/94 CCD Telephone conference between Charisse C. Delgado and Mr. Burns, attorney for Dade County Employees Credit Union, concerning the Williamson property 0.60 $ 0.60 0.30 Total Professional Services For Disbursements Incurred: -------------------------- 07/31/94 Photocopies (in- house) for the month of July 105.00 105.00 19.50 $ 229.50 $ 1.95 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. (continued) Matter: 944701 - August 8, 1994 Page 2 ----------------------------------------------------------------------- - - - - -- Recapitulation -------- - - - - -- At 175.00 per hour EGG worked 175.00 JMH 65.00 CCD For Professional Services For Disbursements Incurred Current Balance Previous Balance Bill # 19083 0.60 Hours 0.60 0.30 1.50 Hours $ 229.50 1.95 $ 231.45 1,533.00 Total Due $ 1,764.45 'o be properly credited, please indicate Bill Number on your remittance check. BAILEY HUNT JON ES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW BAILEY HUNT JONES & BUSTO A PROFESSIC'NAL ASSOCIATIC% ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKE-L KEY DRIVE MIAMI. FLOQi0A 33131.2623 TES j3C5' 374 • 5505 cAx :3C51374-6715 City of South Miami --/o William F. Hampton 6130 Sunset Dr. South Miami, FL 33143 R PROFESSIONAL SERVICES RENDERED: July 14, 1994 Matter: 944701 South Miami, City of adv. Marshall Apartments lien foreclosure ---------- - - - - -- --------------- - -- 06/02/94 CCD Office conference between Charisse C. (continued) �a 0.40 $ 26.00 1.50 97.50 1.00 65.00 0.20 13.00 0.20 13.00 0.20 13.00 0.50 87.50 2'.30 402.50 1.20 210.00 0.20 35.00 0.20 13.00 Delgado and Earl G. Gallop concerning various code enforcement liens on a South Miami property and future.title work on other properties in South Miami 06/06/94 CCD Attention to reviewing file 06/07/94 CCD Attention to reviewing file 06/08/94 CCD Telephone conference between Charisse C. Delgado and Mr. Greg Black, Attorneys Title, regarding search codes 06/10/94 CCD Telephone conference between Charisse C. Delgado and Mr. Black, Attorneys Title, regarding code for property search 06/21/94 CCD Office conference between Charisse C. Delgado and Earl G. Gallop concerning examination of title 06/22/94 SCC Receipt and review of memorandum from City regarding old nursery site 06/22/94 SCC Legal research regarding vacation of easements and ownership of abandoned alleyway 06/22/94 SCC Preparing letter to City regarding vacation of easements and ownership of alleyway 06/22/94 SCC Office conference between Steven C. Cronig and Earl G. Gallop regarding alleyway 06/27/94 CCD Office conference between Charisse C. Delgado and Earl G. Gallop regarding examination of title to be completed by Friday (continued) �a 0.40 $ 26.00 1.50 97.50 1.00 65.00 0.20 13.00 0.20 13.00 0.20 13.00 0.50 87.50 2'.30 402.50 1.20 210.00 0.20 35.00 0.20 13.00 Matter: 944701 - July 14, 1994 Page 2 ------------------ - - - - -- ----------------------------------------------------- 06/29/94 SCC Examination of title 3.10 542.50 06/30/94 CCD Office conferences Charisse C. Delgado, 0.20 13.00 Steven C. Cronig and Stephanie Shine regarding necessity to review survey of the Williamson property Total Professional Services For Disbursements Incurred: -------------------------- 06/30/94 Facsimile charges for the month of June $ 1531.00 $ 2.00 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. Recapitulation -------- - - - - -- At 65.00 per hour CCD worked 175.00 SCC For Professional Services For Disbursements Incurred Bill # 18819 3.90 Hours 7.30 11.20 Hours $ '1,531.00 2.00 Total Due $ 1,533.00 'o be properly credited, please indicate Bill Number on your remittance check. BAILEY HUNT .JONES & BUSTO A PROFESSIONAL ASSOCIATION /'O ATTORNEVS A7 _.%vV City of South Miami 6130 Sunset Dr. c/o William F. Hampton South Miami, FL 33143 BAILEY HUNT JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI, FLORIDA 33131 -2623 7EL. (305) 374.5505 FAX (305) 374-6715 FOR PROFESSIONAL SERVICES RENDERED: August 8, 1994 Matter: 944702 Code Enforcement Board adv. Marie D. Valneti 06/15/94 EGG Telephone conference between Earl G. 0.30 $ 52.50 Gallop and MacArthur regarding inspection of work and scheduling mediation Total Professional Services $ 52.50 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. Recapitulation At 175.00 per hour EGG worked For Professional Services For Disbursements Incurred Bill # 19084 0.30 Hours 0.30 Hours $ 52.50 0.00 Total Due $ 52.50 Po be properly credited, please indicate Bill Number on your remittance check. ro City of South Miami 6130 Sunset Dr. c/o William F. Hampton South Miami, FL 33143 BAILEY HUNT JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI, FLORIDA 33131-2523 TEL. (305) 374 • 5505 FAX (305) 374-6715 =0R PROFESSIONAL SERVICES RENDERED: September 9, 1994 Matter: 944703 South Miami, City of adv. Rod and Carol Mandelstam ---------------------------------- 08/02/94 EGG Reviewing notice; rescheduling hearing on motion for summary judgment 08/09/94 EGG Attending hearing on motion to dismiss inverse condemnation claim; meeting between Earl G. Gallop and Mr. McDuff 08/16/94 EGG Reviewing pleadings, exhibits and record; preparing for executive litigation meeting; telephone conference between Earl G. Gallop and Mr. McDuff 08/26/94 EGG Analyzing amended complaint and exhibits; preparing memorandum regarding inverse condemnation and civil rights claims; preparing memorandum regarding further handling needs; preparing letter to Mr. McDuff 0.20 $ 1.00 1.50 1.50 35.00 175.00 262.50 262.50 Total Professional Services $ 735.00 For Disbursements Incurred: -------------------------- 08/31/94 Photocopies (in- house) for the month $ 4.05 of August 08/31/94 Postage for the month of August 0.29 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. (continued) /0 Matter: 944703 - September 9, 1994 Page 2 ----------------------------------------------------------------------- - - - - -- Recapitulation -------- - - - - -- At 175.00 per hour EGG worked 4.20 Hours For Professional Services For Disbursements Incurred Bill # 19332 4.20 Hours $ 735.00 4.34 Total Due $ 739.34 'o be properly credited, please indicate Bill Number on your remittance check. /00 BAILEY H UNT J ONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW City of South Miami 6130 Sunset Dr. c/o William F. Hampton South Miami, FL 33143 BAILEY HUNT JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI, FLORIDA 33131.2623 TEL. (305) 374.5505 vAx (305) 374.6715 FOR PROFESSIONAL SERVICES RENDERED: September 9, 1994 Matter: 944705 South Miami, City of v. Raymond A. Melton ---------------------------------- 08/02/94 EGG Analyzing complaint; preparing motion to 2.50 $ 437.50 dismiss; scheduling hearing; preparing transmittal letters; preparing letter to Mr. Kabola requesting advice regarding allegations of complaint 08/22/94 EGG Preparing for hearing; legal research 2.00 350.00 regarding vested rights, due process, equal protection and taking claims 08/23/94 EGG Attending hearing motion to dismiss 1.50 262.50 08/23/94 EGG Preparing answer and affirmative 1.75 306.25 defenses; preparing letter to Mr. Mimms requesting assistance 08/31/94 EGG Final preparation of answer and 2.00 350.00 affirmative defenses; preparing requests for admissions Total Professional Services $ 1706.25 For Disbursements Incurred: 08/31/94 Photocopies (in- house) for the month $ 9.90 of August 08/31/94 Facsimile charges for the month of August 11.00 08/31/94 Postage for the month of August 0.58 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. (continued) /V Matter: 9344705 - September 9, 1994 Page 2 ----------------------------------------------------------------------- - - - - -- Recapitulation -------- - - - - -- At 175.00 per hour EGG worked 9.75 Hours For Professional Services For Disbursements Incurred Current Balance Previous Balance Bill # 19333 9.75 Hours $ 11706.25 21.48 $ 1,727.73 87.50 Total Due $ 11815.23 Po be properly credited, please indicate Bill Number on your remittance check. /D BAILEY HUNT .JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW City of South Miami 6130 Sunset Dr. c/o Willia F. Hampton South Miami, m i, FL 33143 BAILEY HUNT JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI, FLORIDA 33131 -2623 TEL. (305) 374.5505 FAX (305) 374-6715 FOR PROFESSIONAL SERVICES RENDERED: August 8, 1994 Matter: 944705 South Miami, City of v. Raymond A. Melton ---------------------------------- 07/13/94 EGG Receipt and review of complaint and exhibits; opening file 0.50 $ 87.50 Total Professional Services $ 87.50 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. Recapitulation -------- - - - - -- At 175.00 per hour EGG worked 0.50 Hours For Professional Services For Disbursements Incurred Bill # 19086 0.50 Hours $ 87.50 0.00 Total Due $ 87.50 'o be properly credited, please indicate Bill Number on your remittance check. City of South Miami 6130 Sunset Dr. c/o William F. Hampton South Miami, FL 33143 BAILEY HUNT JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI, FLORIDA 33131.2623 TEL. (305) 374 • 5505 FAX (305) 374 • 6715 FOR PROFESSIONAL SERVICES RENDERED: September 9, 1994 Matter: 944706 South Miami, City of - Bakery Center Redevelopment ---------------------------------- 08/02/94 EGG Meeting among Earl G. Gallop, Mayor (continued) IN 2.00 $ 0.25 0.40 2.00 3.00 2.50 0.40 350.00 43.75 70.00 350.00 525.00 437.50 70.00 Carver and Messrs. Mimms and Dover regarding consistency issues 08/02/94 EGG Receipt and review of letter, memorandum and exhibit from Mr. Helfman; preparing letter to Mr. Hampton 08/03/94 EGG Telephone conference between Earl G. Gallop and Mr. Helfman regarding development permitting requirements and schedule 08/04/94 EGG Meeting among Earl G. Gallop and Messrs. Hampton, Mimms and Mackey regarding necessary amendments to comprehensive plan and land development regulations and development approvals for redevelopment project; preparing for meeting 08/08/94 EGG Preparing for and meeting among Earl G. Gallop and representatives of city and Sunset Red, Ltd. regarding development approvals and procedures for Bakery Centre redevelopment 08/09/94 EGG Meeting between Earl G. Gallop and Mr. Ron Mastriana, attorney for Dadeland regarding concurrency and other issues; meeting between Earl G. Gallop and Commissioner Cooper 08/31/94 EGG Telephone conference between Earl G. Gallop and Mr. Helfman regarding DRI adjudicatory proceeding, error in notice for rezoning and other handling matters (continued) IN 2.00 $ 0.25 0.40 2.00 3.00 2.50 0.40 350.00 43.75 70.00 350.00 525.00 437.50 70.00 'Matter: 944706 - September 9, 1994 Page 2 ----------------------------------------------------------------------- - - - - -- 08/31/94 EGG Telephone conference between Earl G. 0.40 70.00 Gallop and Mr. Mimms regarding comprehensive plan amendments and rezoning Total Professional Services $ 1916.25 Prior costs and disbursements not completely processed in our records will.appear in subsequent invoices. Recapitulation -------- - - - - -- At 175.00 per hour EGG worked 10.95 Hours For Professional Services For Disbursements Incurred Current Balance Previous Balance Bill # 19334 10.95 Hours $ 1,916.25 0.00 $ 1,916.25 87.50 Total Due $ 2,003.75 To be properly credited, please indicate Bill Number on your remittance check. 14; BAILEY HUNT ..JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW City of South Miami 6130 Sunset Dr. c/o William F. Hampton South Miami, FL 33143 BAILEY HUNT ..JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI, FLORIDA 33131.2623 TEL. (305) 374 - 5505 FAX (305) 374-6715 FOR PROFESSIONAL SERVICES RENDERED: August 8, 1994 Matter: 944706 South Miami, City of - Bakery Center Redevelopment ---------------------------------- 07/29/94 EGG Telephone conference between Earl G. 0.50 $ 87.50 Gallop and Mr. Steve Helfman regarding handling applications for development permits Total Professional Services $ 87.50 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. Recapitulation -------- - - - - -- At 175.00 per hour EGG worked For Professional Services For Disbursements Incurred Bill # 19087 0.50 Hours 0.50 Hours $ 87.50 0.00 Total Due $ 87.50 To be properly credited, please indicate Bill Number on your remittance check. /V City of South Miami 6130 Sunset Dr. c/o William F. Hampton South Miami, FL 33143 BAILEY HUNT .JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI, FLORIDA 33131.2623 TEL. (305) 374 • 5505 FAX (305) 374 • 6715 FOR PROFESSIONAL SERVICES RENDERED: September 9, 1994 Matter: 944707 South Miami, City of - General Real Estate Matters for City of South Miami ---------------------------------- 08/17/94 SCC Preparing lease amendment regarding Girl 1.80 $ 315.00 Scout Park property Total Professional Services $ 315.00 For Disbursements Incurred: -------------------------- 08/31/94 Photocopies (in- house) for the month $ 2.85 of August Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. Recapitulation -------- - - - - -- At 175.00 per hour SCC worked 1.80 Hours For Professional Services For Disbursements Incurred Bill # 19335 1.80 Hours $ 315.00 2.85 Total Due $ 317.85 Po be properly credited, please indicate Bill Number on your remittance check. U01 BAILEY HUNT JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI, FLORIDA 33131.2623 TEL. (305) 374.5505 FAX (305) 374-6715 City of South Miami 6130 Sunset Dr. c/o William F. Hampton South Miami, FL 33143 FOR PROFESSIONAL SERVICES RENDERED: August 8, 1994 Matter: 944707 South Miami, City of - Donation of Land ---------------------------------- 07/11/94 CCD Telephone conference between Charisse C. Delgado and Nicole, Habitat for Humanity, regarding Grace Saunders property 07/13/94 CCD Receipt and review of waste lien report 07/22/94 CCD Office conference among Charisse C. Delgado, Steven C. Cronig and Adam 0. Kirwan concerning procedure to obtain estoppel information regarding a dissolved corporation For Disbursements Incurred: 0.20 $ 0.20 0.30 13.00 13.00 19.50 Total Professional Services $ 45.50 07/01/94 Check # 26545 to Miami Dade Water & $ 5.00 Sewer Authority; disbursement for: public utility lien inquiry #09- 4025 - 010 -0790 07/01/94 Check # 26546 to Metro Dade Department 4.00 of Solid Waste; disbursement for: public utility lien inquiry 09- 4025 - 010 -0790 07/31/94 Photocopies (in- house) for the month 2.85 of July Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. (continued) 0 Matter: 944707 - August 8, 1994 Page 2 ----------------------------------------------------------------------- - - - - -- Recapitulation -------- - - - - -- At 65.00 per hour CCD worked 0.70 Hours For Professional Services For Disbursements Incurred Current Balance Previous Balance Bill # 19085 0.70 Hours $ 45.50 11.85 $ 57.35 322.75 Total Due $ 380.10 To be properly credited, please indicate Bill Number on your remittance check. BAILEY HUNT JONES & BUSTO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW BAILEY HUNT JONES & BUSTO A PROFESSIONAL ASSOC:A -ION ATTORNEYS AT LAW COuRVOISIER CENTRE • SLJITE 300 501 HRICKELL KEY DRIVE MIAMI, FLORIDA 33131.2623 TEL (305 374-5505 FAX (3051 374-6745 City of South Miami c/o William F. Hampton 6130 Sunset Dr. South Miami, FL 33143 :)R PROFESSIONAL SERVICES RENDERED: July 14, 1994 Matter: 944707 South Miami, City of - Donation of Land ---------------------------------- 06/06/94 CCD Office conference between Charisse C. 0.20 $ 0.80 0.25 0.20 0.20 0.40 0.70 0.20 0.40 Total Professional Services i0 (continued) 13.00 52.00 16.25 13.00 13.00 26.00 45.50 13.00 $ 217.75 Delgado and Earl G. Gallop regarding owners and encumbrance search 06/06/94 CCD Attention to property search; telephone conference between Charisse C. Delgado and City of South Miami, Cathy Vasquez inquiring date lien was filed to begin examination of title 06/07/94 CCD Attention to preparing memorandum regarding extension 06/08/94 CCD Office conference between Charisse C. Delgado and Earl G. Gallop regarding property search and code violations which were not recorded 06/08/94 CCD Office conference between Charisse C. Delgado and Earl G. Gallop regarding tax search and preparing draft quit claim deed 06/13/94 CCD Attention to tax search on property 06%14/94 CCD Preparing memorandum regarding delinquent taxes on property, examination of property tax printout 06/16/94 CCD Office conference between Charisse C. Delgado and Earl G. Gallop regarding public utility inquiries for properties which will be donated to the City of South Miami 06/30/94 CCD Attention to requesting checks to forward along with public utility lien inquiry requests; attention to requesting lien inquiries 0.20 $ 0.80 0.25 0.20 0.20 0.40 0.70 0.20 0.40 Total Professional Services i0 (continued) 13.00 52.00 16.25 13.00 13.00 26.00 45.50 13.00 $ 217.75 Matter: 944707 - July 14, 1994 Page 2 ----------------------------------------------------------------------- - - - - -- For Disbursements Incurred: -------------------------- 06/30/94 Title computer usage by CCD $ 105.00 Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. Recapitulation -------- - - - - -- At 65.00 per hour CCD worked 120.00 AK For Professional Services For Disbursements Incurred Bill # 18820 .3.35 Hours 0.00 3.35 Hours $ 217.75 105.00 Total Due $ 322.75 'o be properly credited, please indicate Bill Number on your remittance check. �^ BAILEY HUNT .,JONES & BUSTO if A oROF*ESSIONA1. ASSOCIATION ATTORNEYS A- _AN CITY OF SOUTH MIAMI �t © INTER - OFFICE MEMORANDUM To: Mayor & City Commission From: William F. Hampton City Manager 11 Back ound: Date: September 12, 1994 Re: 09/20/94 Commission Agenda Item # i I Physical Barrier Ord The City Administration is often approached on various occasions by applicants for permits, citizens and members of the general public requesting interpretations concerning the regulation of physical barriers. Frequently, these inquiries center around the "intent" of that legislation. In order that the City Commission might express its legislative intent and provide direction and guidance to staff, the Administration prepared a resolution which appeared on the July 26, 1994 Commission Agenda. The Commission raised concerns over the clarity of the item presented; the graphics and photographs, as presented, were not clearly labeled or easily understandable. The Commission requested that clarification be provided. Staff prepared a revised resolution. Language was modified to reflect changes in the exhibits, and the exhibits were reorganized to show comparison as well as examples. The section which proposed a maintenance policy for hedges was removed upon consultation with the City Attorney. The revised resolution was scheduled to be presented at the August 2, 1994 Commission Meeting. On reviewing the resolution, Commissioner Cooper raised the question of the advisability of not incorporating these policies as a part of the Land Development Code. His concerns were that the public would be unable to rely on the Land Development Code for complete information, if these design issues were set forth in a resolution format, separate from the Code; staff concurs. The item was then rescheduled to appear at the September 20, 1994 Meeting, as an ordinance. Therefore, staff has prepared a proposed ordinance to amend the Land Development Code, so that all the pertinent information regarding physical barriers will be included in the Code. Due to the format and nature of the Land Development Code, staff has removed the photograph exhibits from the proposed ordinance, as photographs are inappropriate for inclusion in the Code. Recommendation: 1. Advantage to Provides for clarification of the Land Development Code. 2. Disadvantages to City: None. 3. This Ordinance is sponsored by Administration. 4. This Ordinance refers to § 20 -3.6 (H)(2)(c) and § 20 -2.3 of the Land Development Code. 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, 3 AMENDING THE LAND DEVELOPMENT CODE BY CREATING SECTION 4 20 -3.6 (H)(2)(c)(i) WHICH PROVIDES FOR LANGUAGE AND GRAPHICS 5 WHICH ILLUSTRATE BOTH ACCEPTABLE AND UNACCEPTABLE 6 EXAMPLES OF WOODEN FENCE TYPES; CREATING SECTION 20 -3.6 7 (H)(2)(c)(ii) WHICH PROVIDES FOR LANGUAGE AND GRAPHICS WHICH 8 ILLUSTRATE BOTH ACCEPTABLE AND UNACCEPTABLE EXAMPLES OF 9 MASONRY WALL TYPES; CREATING SECTION 20 -3.6 (H)(2)(c)(iii) 10 WHICH PROVIDES FOR LANGUAGE AND GRAPHICS TO ILLUSTRATE 11 BOTH ACCEPTABLE AND UNACCEPTABLE EXAMPLES OF LATTICE 12 FENCE TYPES; CREATING SECTION 20 -3.6 (11)(2)(d) WHICH PROVIDES 13 FOR HEIGHT RESTRICTIONS FOR TRELLISES AND HEDGES ALONG 14 RIGHTS -OF -WAY; CREATING SECTION 20-3.6 (H)(2)(e) WHICH 15 PROVIDES FOR AN EXEMPTION FOR VINES AS DEFINED UNDER 16 SECTION 20 -2.3 REGARDING THE OPACITY REQUIREMENTS OF 17 SECTION 20 -3.5 (H)(2)(c); CREATING SECTION 20 -3.6 (H)(2)(f) WHICH 18 PROVIDES FOR LIGHT FIXTURES TO EXTEND 16 INCHES ABOVE THE 19 MAXIMUM HEIGHT FOR PHYSICAL BARRIERS ON SINGLE - FAMILY 20 RESIDENTIAL PROPERTIES; PROVIDING FOR SEVERABILITY; 21 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR 22 AN EFFECTIVE DATE. 23 WHEREAS, the City of South Miami amended Section 20 -3.6 (H)(2)(c) Physical 24 Barriers of the Land Development Code on April 19, 1994, via Ordinance No. 7 -94 -1556, 25 which established language regulating the height of fences along rights -of -way as follows: 26 In required yards adjacent to a right -of -way, fences, walls, trellises, gates and hedges shall not 27 exceed four (4) feet in height above grade. Fences and walls maybe increased by two (2) feet 28 in height above grade and gates may be increased by three (3) feet above grade provided that 29 the upper two (2) feet of the fence or wall surface and the upper three (3) feet of the gate 30 between vertical supports is designed as a uniform pattern with a minimum of sixty (60) percent 31 open area.; and, 32 WHEREAS, the Building, Zoning & Community Development Department regularly 33 receives inquiries regarding the interpretation of said Section 20 -3.6 (H)(2)(c); and, 34 WHEREAS, the Ciry Attorney has advised the Department to seek direct input from the 35 City Commission concerning the interpretation of "uniform pattern", and in that effort staff has 36 prepared graphics to provide both acceptable and unacceptable examples of barrier types; and, 37 WHEREAS, the City Commission desires to provide input in the form of regulations to 38 be contained in the Land Development Code which will supplement the existing regulations 39 concerning physical barriers and more adequately inform the public concerning those regulations; 40 and, Physical Barriers Ordinance Page # 1 1 WHEREAS, the City of South Miami previously enacted Ordinance No. 12 -90 -1452 on 2 July 24, 1990, which reduced the height of fences, walls, trellises and hedges along rights -of- 3 way to four feet in height, and the City of South Miami then enacted Ordinance No. 7 -94 -1556 4 which allows for the extension of fences and walls only; and, 5 WHEREAS, the City of South Miami permits vines as defined under Section 20 -2.3 6 which includes the following statement:... Vines may be used in conjunction with fences, screens 7 and walls to meet physical barrier requirements as specified.; and, 8 WHEREAS, the City of South Miami desires to specify herein that vines are exempt from 9 the 60% open area minimum, because enforcement of foliage density is not feasible; and, 10 WHEREAS, the City of South Miami desires to permit the height of light fixtures to 11 extend above the maximum height of physical barriers on single - family residential properties; 12 THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 13 THE CITY OF SOUTH MIAMI, FLORIDA: 14 SECTION 1. That Section 20 -3.6 (H)(2)(c)(i) be, and is hereby, created, shall be entitled 15 "Wooden Fences Types ", and shall contain the information in the attached "Exhibit A" and the 16 following language: 17 Wooden fences exceeding four feet in height along rights -of -way shall provide for 18 a minimum of sixty (60) percent open area; this area shall be calculated utilizing 19 an imaginary line at six feet above grade. The graphic "Wooden Fence Types" 20 includes two example prototypes. The unacceptable pattern utilizes a sine wave 21 pattern which only yields 50% open area. The acceptable pattern utilizes a 22 modified sine wave pattern (which is less than six feet at zenith of amplitude) 23 which yields approximately 75 % open area (per the graphic example illustrated). 24 The acceptable pattern is achieved by reducing the height of the peak of the sine 25 wave pattern below the imaginary six -foot height line by approximately 6 inches. 26 SECTION 2. That Section 20 -3.6 (H)(2)(c)(ii) be, and is hereby, created, shall be entitled 27 "Masonry Wall Types ", and shall contain the information in the attached "Exhibit B" and the 28 following language: 29 Masonry walls exceeding four feet in height along rights -of -ways shall provide a 30 minimum of sixty (60) percent open area. No portion of any solid masonry wall 31 above four feet in height above grade along rights -of -way shall exceed 14 inches 32 in width. This is to provide for vertical support [per Section 20 -3.6 (H)(2)(c)] of 33 screening material. The remaining balance of open area may be screened by metal 34 work, wooden lattice or any other non - masonry screening material. A minimum 35 of sixty (60) percent open area shall be maintained. The graphic "Masonry Wall 36 Types" includes an example of both an unacceptable and an acceptable prototype. rl Physical Barriers Ordinance Page # 2 1 The unacceptable pattern does not provide for a "uniform pattern" of open area 2 as specified in Section 20 -3.6 (H)(2)(c). The acceptable pattern provides for the 3 extension of the masonry wall but only as supports for other screening materials. 4 SECTION 3. That Section 20 -3.6 (H)(2)(c)(iii) be, and is hereby, created, shall be entitled 5 "Lattice Fences Types ", and shall contain the information in the attached "Exhibit C" and the 6 following language: 7 Lattice fences exceeding four feet in height along rights -of -way shall provide for 8 a minimum of sixty (60) percent open area; this area shall be calculated utilizing 9 an imaginary line at six feet above grade. The open area of the lattice fence shall 10 be determined mathematically. The graphic "Lattice Fence Types" includes an 11 example of both an unacceptable and an acceptable prototype. The unacceptable 12 example utilizes a mass - produced lattice which yields less than 60% open area. 13 The acceptable example clearly maintains the minimum 60 % open area standard. 14 SECTION 4. That Section 20 -3.6 (H)(2)(d) be, and is hereby, created as follows: 15 (d) Trellises and hedges cannot exceed four feet in height along rights -of -way. 16 Freestanding trellises not located along property lines and not installed to create 17 a physical barrier may extend up to six feet in height above grade in any required 18 yard. Ornamental vegetation and landscaping not located along property lines and 19 not installed to create a physical barrier may extend up to six feet in height above 20 grade in any required yard. Tree species included in the Official Tree List of the 21 City of South Miami shall not to be considered as physical barriers. 22 SECTION 5. That Section 20 -3.6 (H)(2)(e) be, and is hereby, created as follows: 23 (e) Vines as defined under Section 20 -2.3 may be permitted on any physical barrier 24 and will not be considered to increase the opacity, but in no case shall a vine be 25 allowed to create a 100% opacity situation for that portion of a physical barrier 26 which is greater than four feet in height above garde along any right -of -way; in 27 no case, shall vines be permitted to exceed six feet in height above grade. 28 SECTION 6. That Section 20 -3.6 (H)(2)(f) be, and is hereby, created to read as follows: 29 (f) Light fixtures be permitted to extend sixteen (16) inches above the maximum 30 height for permitted physical barriers on single - family residential properties. 31 SECTION 7. If any section, clause, sentence, or phrase of this ordinance is for any reason held 32 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 33 validity of the remaining portions of this ordinance. ,� Physical Barriers ordinance Page # 3 1 SECTION 8. All ordinances or parts of ordinances in conflict with the provisions of this 2 ordinance are hereby repealed. 3 SECTION 9. This ordinance shall take effect immediately at the time of its passage. 4 PASSED AND ADOPTED THIS 1st DAY OF November, 1994. 5 6 7 8 ATTEST: 9 to Rosemary J. Wascura 11 City Clerk 12 READ AND APPROVED AS TO FORM: 13 14 Earl G. Gallop 15 City Attorney 16 17 18 Neil Carver Mayor c:\reports\fencing.ord c:\forms\pcx\fence-a.pcx c: \forms \pcx \fence -b.pcx c:\forms\pcx\fence-c.pcx Physical Barriers ordinance Page # 4 Exhibit A: Wooden Fence Types UNACCEPTABLE: Sine wave pattern yields less than 60 percent open area i ACCEPTABLE: Modified wave pattern yields over 60 percent open area it E�1libit B: Masonr3r Mall Types UNNACCEPTABLE: Vertical supports exceed 14 inches in width 6' 7(max) 4' (max) ACCEPTABLE: Vertical supports (columns) do not exceed 14 inches in width it T6' (ma'xj 4' (max) Exhibit C: Lattice Fence Types UNACCEPTABLE: Pre - fabricated lattice yields less than 60 present open area RINI%; %11 ACCEPTABLE: Lattice design yields over 60 percent open area I/ ® CITY OF SOUTH MIAMI s� © INTER- OFFICE MEMORANDUM To: Mayor & City Commission From: William F. Hampton City Manager Background: Date: September 12, 1994 Re: 09/20/94 Commission Agenda Item #1 Z Canopy Carport Ord Several property owners of single - family residences with existing homes which were built under previous setback regulations have approached Administration and requested that canopy carports be allowed to be placed on the side property line. The firm of Dover, Kohl & Partners has provided a proposed ordinance to amend the Land Development Code regarding canopy carports. This issue is not addressed under the proposed administrative variance ordinance. Administrative variance provisions allow for a reduction of required setbacks. The request from the public is that the side setback requirement for canopy carports ;(only) be waived entirely for small lots. Such an amendment to Code is necessary to provide for the conflicts at existing properties with 50 feet or less of lot frontage where garage door openings and front door locations were designed under previous regulations. The required side setback of 71/2 feet for canopy carports does not allow the canopy carport to connect to garages or be placed in accordance with house design. The proposed ordinance requires written consent of the neighboring property owner and this must be filed with the Building, Zoning & Community Development before any building permit is issued for such a canopy carport. "Neighboring property owner" is that property owner who is directly adjacent to the canopy carport. Triangle of visibility requirements in the Land Development Code, preculde canopy carports on the street side of corner lots. Recommendation: 1. 2. 3. 4. Advantage to City: Reduces the requests for variances requiring Public Hearings. Disadvantages to City: May allow for an increase in structures in the setback prior to a determination of appropriate design standards for each neighborhood. This Ordinance is sponsored by Administration. This Ordinance refers to § 20 -3.6 (N)(1)(c) of the Land Development Code. DOVER, KOHL & PARTNERS Urban Design Memorandum Date: September 6, 1994 To: City Attorney Earl Gallop, Esq. Planner Bill Mackey CITY OF SOUTH MIAMI From: Victor Dover, AICP Subject: Ordinance regarding Canopy Carports in Residential Districts Enclosed please find draft language for an ordinance amending the side setback requirements for canopy carports, for your review. I have prepared this draft pro bono (at no cost to the City) for you to use as you see fit. I remain available to provide comment on the ordinance and intent or answer questions if that is useful to you, the Manager, Planning Board or City Commission. Please let me know if this item will appear on a Planning Board or Commission agenda in the near future. Thanks! SEP -7 1994 U /A Page 1 Draft September 6, 1994 canopy,ord Ordinance No. AN ORDINANCE AMENDING SECTION 20 -3.6, (N) (1) (c) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, CHANGING SIDE SETBACK REQUIREMENTS FOR CANOPY CARPORTS, AND PROVIDING FOR SEVERABILITY, CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, The Land Development Code of the City of South Miami currently requires a setback of seven and one -half (7.5) feet from any side property line for canopy carports in single - family residential districts; and A number of existing residential lots in the City are less wide than the 60 to 125 feet of width for which the side setback regulation was intended; and For lots that are fifty feet wide or less, the 7.5' side setback requirement for canopy carports is often counter- productive and / or unworkable; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Land Development Code of the City of South Miami be, and hereby is, amended to read as follows: 20 -3.6 (N) Canopy Carports (1) New canopy carports may be constructed as accessory structures in the front yard setback in residential districts, provided that they: C) Shall be located at least five (5) feet from the front property line and seven and one -half (7.5) feet from any side property line, except where existing lot widths are fifty feet or less, in which case no side setback requirement shall apply provided written consent of the adjacent property owner is furnished to the City, Section 2. If any clause, sentence, or phrase of this Ordinance is held to be invalid or /41 /:1 Page 2 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 3. The requirements of this Ordinance shall be in addition to each and every other requirement of the City of South Miami Land Development Code, and in the case of conflict, the provisions herein shall control. Section 4. This Ordinance shall become effective immediately. PASSED AND ADOPTED: This APPROVED: ATTEST: City Clerk Read and Approved as to form: City Attorney day of , 199 Mayor