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03-03-92
w JV OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING MARCH 3, 1992 7:30 PM A. Invocation Next Resolution: Next Ordinance 3/17/92 Next Commission Meeting: B. Pledge of Allegiance to the Flag of the United States of America C. Presentations D. Items for Commission Consideration: 1. Approval of Minutes of February 18, 1992, City Commission meeting 2. City Manager's Report 3. City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: 4. An Ordinance amending Ordinanc 14 -90 -1454 dealing with fee schedules by adding a new schedule "I" "TREE REMOVAL PERMITS "; providing for severabil -ity; providing for ordinances in conflict and providing an effective date. (Commission) 3/5 4-6 5. An Ordinance amending Section 3.3 (C) of the TQ? Lan Development Code, Chapter 20 of the Code of Ordinances of the .City of South Miami, Florida, to include a subsection (6) permitting only permitted retail uses on the first floor 'in' the "SR" District; providing for severability; providing for ordinances ,in conflict and providing an-effective date. (Mayor McCann) 4/5 RESOLUTIONS FOR PUBLIC HEARING: 1* 2--- 6. A Resolution granting a Special Use Permit to reduce the number of required off- street parking spaces by 20% as specified in Section 20 -4.4 (H) of the City of South Miami Land Development Code to Sunset Professional Building from the Planning Board of the City of South Miami, Florida, for property located at 5996 S.W. 70th Street, South Miami, Florida; and legally described herein. _ (Adm. /Plannirig�Board) . 7. A Resolution �J� authorizing the expenditure of up to 00,00.0 from the City's Revolving.Trust Fund for the purpose of constructing a new public works ,facility for the City of South Miami to correct the current health and safety violations and providing for interest money that is earned from this account to be placed back into the Revolving Trust Fund Account (Mayor McCann) j RESOLUTIONS: 0 ! �s 8 9. A Resolution of the City of South Miami, Florida, appointing. Wanda Bostick as a member of the Recreation Board of the City of South Miami, to serve in such capacity until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. (Mayor) 4/5 4/5 3/5 A Resolution of the Mayor and City Commission of the City of South Miami, Florida; appointing Grant Miller as a member of the o Recreation Board of the City of South Miami, to serve in such: capacity until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. (Mayor) 3/5 OFFICIAL AGENDA March 3, 1992 C page 2 RESOLUTIONS: 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Jerry Birdwell as a member of the Tree Committee of the City of South Miami, to serve in such capacity until February 17,, 1993, or until a successor is duly appointed and qualified, whichever is 'later. J / (Mayor) 3 / 5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Peter Lahanas,'as 'a member l� of the Tree Committee of the City of South Miami, to serve ' in such capacity until February 17, 1994, or until a successor is duly appointed and qualified, whichever is later;. (Mayo r) 3/5 12. A Resolution of the Mayor and City Commission: of the City of South Miami, Florida, appointing Doris Rosebraugh,,as'a member of the Tree Committee of the City of South Miami;, to serve in such capacity until February 17, 1994, or until,a successor is duly appointed and qualified, whichever is later. (Mayor). 3/5 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Peter Strelkow, as a member of A the Tree Committee of the City of South Miami, to serve in such �,U capacity until February 17, 1993, or until a successor is duly appointed and qualified, whichever is later. // (Mayor) 3/5 to 0, _ 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Lori Yanoshik, as,a member of the Tree Committee of the City of South Miami, to serve in such ,5, capacity until February 17, 1993, or until a successor is duly appointed and qualified, whichever is later.(Mayor) 3/5 - `�T? 15. A Resolution of the Mayo and City Commission of the City of South Miami, Florida, appointing Mary Slater- Linn,',as a member ® of the Historic Section of the Environmental Review and Preservation Board of the City of South Miami, to serve in such capacity until February 1, 1993 or until a successor is duly appointed and qualified, whichever is later. 14 1 - - ?2 (Mayor) 3/5 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, a- pointing Joan Yarborough a'Is a member of the Historic Section of the Environmental Review and Preservation Board of the City of South Miami, to serve in s,uch'icapacity until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. (.Mayor) 3/5 17. A Resolution of the Mayor - and �City Commission of the City of South Miami, Florida, authorizing the purchase of '',ten park benches, eight picnic tables and four barbecue grills from Southern Park and Play Systems, Inc., for a total price not to exceed $3,278.00 by the Recreation Department and charging the disbursement to Account Number 2000 -6430 "Recreation - Equipment -1 I (Administration) 3/5 go� VC-134 18. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse ® the sum of $5,676.36 representing fees incurred for legal ' representation by Kenneth Myers, of Squire, Sanders & Dempsy, as Bond Consultant; charging the disbursement to Account Number 2100 -9950; "Reserve for Encumbrances." (Administration) 3/5 �=K OFFICIAL AGENDA March 3, 1992 Page 3 RESOLUTIONS: S� 19. A Resoltuion of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse $29,555.24 to six Police Officers pursuant to a decision of the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, and providing for disbursement from Po -lice Department Account Number 1910 -1210 "Salaries and Wages." (Administration) 3i/5 20. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing execution of an _Inter -Local agreement with Metro -Dade County Department of Environmental Resources Management (DERM) for compliance with the Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDE); specifically authorizing payment of $13,888.89 to'' the 'Dade County Board of Commissioners as the City's Pro Rata Share; charging the disbursement to Account Number 2100 -5510 "Non Departmental General Contingency." (Administration) 3/5 21. A Resolution of the Mayor and City Commission of the-City of South Miami, Florida, authorizing the City Manager to 'execute an Acceptance to a Proposal of Norton Engineering Contractors, Inc., in conjunction with JMO, Inc., as the lowest qualified bidders, for a sum not to exceed $27,848.00 for lateral sewer extension and abandoning of septic tanks at the City's Public Work's site, and providing for disbursement from Public Works Account Number 05- 1310- 6210: "Revolving Trust Fund - Sewer Improvements." 4 /1 n (Administration) 3/5 22. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to 'execute an agreement with Miami -Dade Water and Sewer Authority Department, ® for the installation of sewers adjacent to the City of South Miami S Public Works Facility; authorizing disbursal of $2,259.00 representing payment of the sewer connection charge; charging the disbursal to Account Number 05- 1310 -6210 "Revolving Trust Fund - Sewer Improvement." " 9,, _&1 (Administration) 3/5 23. A Resoltuion of the Mayor and City Commission of the City of South Miami, Florida, authorizing a waiver of Bid procedures for the City's Public Works Department purchase of a replacement for the Power Take -Off System for Trash Crane X621- 31A',,from American Truck Crane, upon the basis that there is one local source of supply; authorizing an expenditure of $1,698.18; charging the disbursement to Account Number 1760 - 4680' "Maintenance & Repairs - Outside Services." (Administration) 3/5 ORDINANCES FIRST READING: 24. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; amending Chapter ll "Garbage and Trash" of the City's Code of Ordinances by providing additional Definitions: additional requirements for preparation; revised penalties for violation; revised fees for collection; and by adopting new sections providing for the duty to dispose of solid waste and to prohibit commingling of solid waste; providing for severability; providing for ordinances in conflict; and providing an effective date. (Administration)' 3/5 a OFFICIAL AGENDA March 3, 1992 page 4 REMARKS: Luis Rosas- Guyon /South Miami Professional Building Inc., (owner) request;20% reduction in _parking as approved by the South Miami Planning Board on February 11, 1992; property address: 5996 SW 70 Street, South Miami, FL 33143. You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. ORDINANCE NO. AN ORDINANCE OF THE CI'T'Y OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 14 -90 -1454 DEALING WITH FEE 9CHEDUL,E9 BY hOnI NG A NEW SCHEDULE "I" " -TREE REMOVAL PERMITS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN-CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, can or about September 4, 1990, the City of South Miami, Florida enacted Ordinance 14-90 -1454 dealing with fee schedules for the City of South Miami; and WHEREAS, thereafter the City of South Miami enacted an Ordinance providing for, inter a ia, trey removal permiteI but did not at that time set the fee for the tree removal permit; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Ordinance 14 -90 -1454 of the City of South Miami be, and hereby is, amended to add the following sub - section (1)• (1) Tree Removal Permit Fees tree removal permits ..... ....... . S 40.00 Section-2. If If any section, clause, sentence or phrase of this Ui ifiancie Is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Secirion 3_ All Ordinances or parts of Ordinances in conflict herewith ire, and the same are,, hereby repealed. Section 4.1 Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this _`th day of _. 1992. APPROVED: • .:MAYOR ATTEST: CITY CLERK READ AND APPROVED As TO FORM: C Tg ATTORNEY _ t ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 3.3 (C) OF THE LAND DEVELOPMENT CODE,' CHAPTER '20'OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, TO INCLUDE A SUBSRCTION (6) PERMITTING ONLY PERMITTED RETAIL USE8 ON THE FIRST FLOOR IN THE "SR" DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT) AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about October 26, 1969, the City of South Miami enacted a Land Development Code as Chapter 20 of its Code of Ordinances in fulfillment of the Comprehensive Flan adopted and approved by the State of Florida; and WHEREAS, thereafter, one section of that Code enacted as Section 20 -3.3 (c) (6) was found by a Court to have been not properly enacted; and WHEREAS, the City of South Miami believed until the entry of that Judgment that the City had properly enacted the aforesaid section of the Land Development Code; and WHEREAS, the City believes the aforesaid section is an Important part of the Land_ Development Code and its compliance with the Comprehensive Plan; NOW,'THBREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THR CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Section 20 -3.3- of the Land Development Code, Chapter 20 of the Code of Ordinances of the City of South Miami, Flozida, be, and the same is, hereby amended to include the following sub - section (6)s (6) Location of Permitted "SR" District Uses. In the "SR" Speciality Retail District, permitted retail uses shall be located only on first and second floor building levels, permitted office uses only on second floor building levels, and Dermitted residential use& only on second floor building levels or above Section 2... it any section,.clause., sentence, or phrase at' this Ordinance is hold to be invalid., or unconstitutinnwt hW Anv_^ court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith be and - he same are hereby repealed. Section 9. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ,nth day of January, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED hS TO FORM CITY ATTORNEY S PB -92 -002 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 3.3 (C) OF THE LAND DEVELOPMENT CODE, 'CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH" MIAMI, TO INCLUDE A SUBSECTION (6) PERMITTING ONLY PERMITTED RETAIL USES ON THE FIRST FLOOR IN THE "SR" DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN 'EFFECTIVE DATE. Mr. Parr read the request. Chairman Ligammare declared the `Public Hearing to be in session and recognized those members of the public who were present and wished to speak. Andy Hessen of 7280 Red Road signed in, voicing his opposition to the request because; (1) vacancies will be created in the retail areas due to the proposed limitations; (2) commercial property values will decline 'which will cause taxes to decline also; (3 ) this tax short -fall will have to be made up by increases. in residents property taxes; (4) the varieties of retail and office services to citizens of South Miami will be limited so they will shop; elsewhere; (5) the types of businesses listed cannot survive PB Minutes 2 02 -11 -92 on a second floor location. (Some of the sites have no second floor.) (6) Senior citizens and the handicapped will not have free access because of lack of elevators; (7) this issue was reversed in court last November. In all probability, the proposal will result in additional legal action. Mr. Ligammare asked Ms. Lana if Mr. Hessen's evaluation is correct. Ms. Lama stated that the Ordinance specifically refers to office uses on the second floor and retail uses on the first floor. Mr. Hessen asked if Business and Professional Services as listed under the Permitted Use Schedule are considered to be "off ice" 7 Ms. Lama replied that not all of the uses would be. Mr. Hessen replied that, according to City Attorney Martin Berg, it is. Mr. Hessen presented -'a letter (attached) to the Board which he had received from Mr. Berg dated April 25, 1991, in answer to his question, whether or not "a travel agency can be located on the first floor of an SR (specialty retail) zoning district ". Mr. Hessen paraphrased Mr. Berg's letter stating that "it was under the Business and Professional services, therefore, it's considered office use so is only allowed on second floor" Mr. Mackey stated that, in his understanding, an "office use" is an office, and if it functions as an office then it is an office. As was explained to Mr. Hessen by Mr. Berg, anything under the Business and Professional Services was automatically office use. Mr. Hessen said that when Roger Shay brought suit against the City, Lipton Insurance was located on the ground floor of his building, for which an Occupational License was never issued. Mr. Ligammare said that he feels that the text of the Ordinance is not so much at fault as is its interpretation. Ms. Thorner asked Staff if they have any idea what the thought of the City Commission was when they wrote this Ordinance. Mr. Ligammare, again, said that it is the Attorney's interpretation of the Ordinance more than its content which is in question. Mr. Berg's interpretation is leading the public to question the Ordinance, which they are justified in doing, according to Mr. Ligammare. Ms. Lama stated that the reason for this Ordinance is to make the Land Development Code compatible with the Comprehensive Plan. Mr. Hessen feels that there should be clarification as to what is an office use and what is not. Mr. Mackey agrees with the City Attorney that a travel agency is an office use, but not with Mr. Bergi's justification as to why it is an office use. He explained further that when the City issues Occupational' licenses, the business is taken at face value; how does 'it act? Does it act as an office or as a retail store? Some of the uses listed function in different ways and have to be evaluated as to how they operate. PB Minutes 02 -11 -92 3 Mr Mackey said that Mr. Berg's 'letter does not say that everything under this category "shall" be, which would be a policy decision, but-that it "may" be, and that the travel agency "is" an office. Mr. Hessen asked how a beauty shop would be viewed and would it be permitted on the ground floor? Ms. Lama replied that it is not an office use. Mr. Hessen said that in Mr. Berg's letter, he states that if it is an office use, it is not located under the retail section therefore, it is not permitted on- ground floor. Ms. Lama said that when implementing the Code, the City does not view it in that manner. A beauty shop is clearly not an office use therefore, would be permitted on the first floor. Mr. Gerald Foreman, 3000 Biscayne Blvd. , signed in to represent his client who owns commercial property in the 5800 South Dixie Highway block of South Miami. Mr. Foreman expressed his opposition to the request explaining that the - language'of the ordinance which will continue to be in effect (if it is passed) far into the future will be subject to the interpretations of whichever attorneys and members of city staff who are present during that time. Mr. Foreman noted that in the breakdown of Definitions of Uses, Business and Professional Uses would be on the second: floor, not on the first floor. But, the arrangement of the types of uses is capricious and arbitrary. He specifically cited options; interior decorator, picture framing store, asking if they are retail or office uses. They are all listed under Uses, Business and Professional Services which would only be on the second floor. His client's building is one story so this limits the types of stores he can lease to. Mr. Foreman agrees with Mr. Hessen's evaluation of the proposal and that it needs more thought and study by re- arranging the categories to make more sense. Mr. John Ludwig, 580//5811 Sunset Drive, signed in. Mr. Ludwig is opposed to this request, agreeing with both Mr. Hessen and Mr. Foreman in their opposition. A- proposal which limits the healthy mix of businesses in a community is a mistake, which will be far reaching and will have to be corrected at a later time. He feels that this proposed ordinance needs a great deal of work and more consideration. Jules Pincus, owner of property at 5898 Sunset Drive, voiced his opposition to the proposal also. He said that he is confused as to the purpose of this type of ordinance and agrees with all of the objections cited by the previous speakers. Mr. Robert Smith, owner of the property at '5837/5881 Sunset Drive signed in and expressed his opposition to the proposed ordinance. He agrees with the previous speakers and added that his property has been vacant for two years. He must continue to pay taxes even PB Minutes 02 -11 -92 4 S a though the space is not occupied. The police harass and drive away those who park in the area by giving them parking tickets. The limitations of this proposal will drive more clients away. Mr. Gutierrez asked Mr. Smith if he believes that a merchant is being hindered by restricting an office from the first floor, assuming that the other listed businesses would be allowed? Mr. Smith replied with the illustration that his wife is a realtor who was working with a real estate firm in the City. The firm was told that areal estate office was prohibited in the zone in which it was located 'so they moved out of town and his wife no longer has a job. Mrs. Roslyn Berrin signed in. She and Mr. Barrin own 5875/5881 Sunset Drive and are opposed to this proposal. She wonders why a city would present an ordinance without explaining why it is being adopted and why a complete category of "business and professional" was omitted and were not made clear concerning the categories within the that group. She said that it seems that the City does not want to be` friendly with those who pay a large part of the taxes in South Miami but who have no vote. What is the rationale of this thinking. To her, the action should have come from the Planning Board but the Planning Board does not seem to know how this happened. They have received consideration from the Dade County Value Adjustment Board for property they own in another part of the ' county which has decreased in value because the area has become severely depressed. The assessed evaluation was reduced accordingly. Mrs.'Berrin feels that this may happen in South Miami if properties cannot be rented. Coral Gables has not enforced an ordinance as strict as this one. She hopes that this Board and the City officials will listen to the property owners in the commercial district when making their decision on this request. Mr. Hessen stated that the commercial market has changed from what it was two years ago when an empty location could be rented almost immediately. Today, a space can remain vacant for months or years causing a financial drain on the property owner. Mr. Foreman spoke again stating that a video -tape retail store falls under professional and business on this list and must be on the second floor. He asks why? Watch and clock sales is upstairs. There is no reason or logic to this. The public hearing was closed and executive session declared open. Ms Gonzalez stated that, in her opinion, most of the problem is in the interpretation as to, what 'is retail and wholesale trade and what is business and professional services. There are many professional services which would not want public access as on a PB Minutes &00* 02 -11 -92 5 Y� MARTIN DAVID BERG, -P. A. ATTORNEY AT LAW 19 WEST FLAGLER STREET SUITE 602, BISCAYNE BLDG. MIAMI, FLORIDA 33130 13051 371.1631 April 25, 1991 via facsimile (666 -7888) first Mr. Andy Hessen 7.380 S.W. 57th Avenue South Miami, Florida 33143 Re City of South Miami Dear. Mr. Hessen: Inquiry re: Zoning You have inquired whether pursuant to the Land Development Code of the City of South Miami, Florida a travel agency can be located on the first floor of an SR (specialty retail) zoning district. The answer, in brief, is "no ". The Land Development Code permits travel agencies in the SR District (Sec. 20 -3.3 (D)); however, the very permitted use of "travel agency" is found under the heading "Business and Professional Services ", not under the heading "Retail and Wholesale Trade ". Therefore, when the Code indicates that only retail uses can be on the first floor in the SR district [Sec. 20 -3.1 (B) (9)), it refers to uses already listed under "Retail and Wholesale Trade ". This conclusion is reinforced by the fact that the parking space requirements for travel agencies are identical to those for other service agencies, i.e, insurance agencies. "Finally, the master plan for the City of South Miami [p. 411 in referring to "comparison retail uses at grade level" indicates that even banks and restaurants should be limited in the SR district. I hope the foregoing is clear. If there is any further question, you can speak to the City Clerk, obtain a position to speak at the Commission meeting, and explain your position to the Commission (the ultimate authority in the City). Very truly yours, MARTIN DAVID BERG MDB /vlz enclosures cc: William Mackey, Bldg. and Zoning Dept. �.., ,. x.... , , .. -s r. .... . °?P ^m•'+�r.- .,. ..... +:,:.o � �. •:pie aT+sa3'S ,ate .��y. 'z .^TM, -s:=T ._ .— �svh�'*TFi,'�",�"'�'- f irst f loor but to include a dry cleaner or beauty salon under that category makes no sense to her. She does not know how this relates to the ordinance. Ms. Thorner said that she feels that this cannot be continued until the City Attorney explains his interpretation of these categories. Mr. Ligammare asked Staff if the Board is correct in their perception of this issue. Ms. Lama explained that neither she nor Mr. Mackey had seen Mr. Berg's letter before tonight. She explained that the City analyzes each request individually and not where they are placed in the list or under what category. Mr. Gutierrez said that the Board should disregard the City Attorney's letter and propose their own recommendation. Mr. Gutierrez suggests that instead of making' categories, take each permitted use under SR and use an asterisk or a #1 meaning "ground floor only" or "not allowed on ground floor ". Mr. Mackey explained that there are more factors to be considered in making these decisions. Ms. Lama stated that what Staff is attempting to do is implement the Comprehensive Plan, the intent of which is to generate pedestrian traffic. Mr. Gutierrez recommends that the Board deny this request as it is written and to make a recommendation. Mr. Parr agrees with Mr. Gutierrez, as does Ms. Gonzalez Mr. Gutierrez made a motion to deny the request as presented. Seconded by Mr. Parr. Vote: Denial Approved: 5 Opposed: 0 E. Remarks. Ms. Thorner asked why she has not received copies of the City Commission meeting Minutes in more than three months. Mr. ,Mackey will see that she receives copies of those Minutes. Mr. Ligammare stated that he does not want to hold any Planning Board meetings in the Sylva Martin building until the renovation is completed. F. Adjournment. Secretary Chairperson PB Minutes 6 k%45 02 -11 -92 0 #12 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3.3 (C) OF THE LAND DEVELOPMENT CODE, CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO INCLUDE A SUBSECTION (6 ) PERMITTING ONLY PERMITTED RETAIL USES ON THE FIRST FLOOR IN THE "SR DISTRICT; PROVIDING FOR SEVERAB`ILITY; PROVIDING FUR ORDINANCES IN CONFLICT AND -, PROVIDING AN EFFECTIVE DATE. Moved by Mayor McCann, seconded by Commissioner Banks, this be considered the first reading, of the ordinance in its entirety and it be placed on second reading and public hearing after consideration by the Planning Board. Mayor McCann explained the necessity for this ordinance as the Court has stated that subsection (6) may not have been included due to an error in transcription and the City is again enacting this portion in an abundance of caution. Mr. John Limieux, realtor for property owned by Rodger Shay, spoke in opposition. He stated that it is his opinion that this portion was not enacted and this subsection would not be,proper use of the land. Mr. Andy Hessen, 7380 Red Road, stated that he feels that this is disc- rimination on this property as many "walk -in" types of business cannot exist. Motion on the ordinance for first reading passed 5/0: Mayor McCann, yea; Vice-Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. s JAN 3Q 19°' C G 11/4 CF ZONING PETITION Applicant: Mayor and City Commission of the City of South Miami, Florida. Request: An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending section 3.3 (C) of the Land Development Code, Chapter 20 of the Code of Ordinances of the City of South Miami, to include a subsection (6) permitting only permitted retail uses on the first floor in the "SR" District; providing for severabi 1 ity; providing for ordinances in conflict; and providing an effective date. Legal: Lots 1 - 82 W.A. Larkins; Lots 1 - 32 Coopers Sub; Lots 1 - 12 Blk 1 Solovoff Sub; Lots 1 - 11 Blk 2 Solovoff Sub; Lots 1 - 5 Larkin Pines; Lots 1 - 35 Dorns Sub. Location: Entire SR Zoned area. PETITION: I, We the undersigned property owner are located within the SR zoned area. I, We oppose and are against the above request. S"* I ,. .,:... 11, . , . ,A , ��, 1 1 1 - r I a a m. r RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST BY SOUTH MIAMI PROFESSIONAL BUILDING, INC. FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA, PURSUANT TO SEC. 20 -4.4 (H) OF TUB LAND DEVELOPMENT CODE TO ALLOW A SPECIAL USE PERMIT TO REDUCE THE NUMBER OF REQUIRED OFF- STREET PARKING SPACES BY 20%, FOR THE PROPERTY KNOWN AS 5996 S. W. 70TH STREET, SOUTH MIAMI, FLORIDA 33143 (A COMMERCIAL BUILDING) AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, South Miami Professional Building, Inc. requested the Planning Board of the City of South Miami pursuant to Sec. 20 -4.4 (H) of the Land Development Code to allow a Special Use Permit to reduce the number of required off - street parking spaces AreA by 20% for the property known: as 5996 S. W. 70th Rye, South Miami, Florida 33143, Which property is legally described as follows: Lots 6 and 7, Block 3, of ROSSWOOD Sub- division, according to the plat thereof, as recorded in Plat Book 13 at Page 62, of the Public Records of Dade County, Florida; and WHEREAS, the Staff indicated the property was Within the area contemplated by aforesaid Code section; and WHEREAS, on February 11, 1991, the Planning Board voted to recommend approval of the request by a 5 - 0 vote; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: section 1. That the request of South Miami Professional Building, Inc. pursuant to Sec. 20 -4.4 (N) of the Land Develop- ment Code to allow a Special Use Permit to reduce the number of required off. - street parking spaces by 20%, for the property known as 5996 S. W. 70th Place, South Miami, Florida 33143, be, and the same hereby is, approved. PASSED AND ADOPTED this th day of March, 1992. ATTEST: CITY CLERK. _' .,...,.�..,........,.... — READ AND APPROVER AS TO FORM: CITY ATTORNEY APPROVED: MAYOR A Ca E N D A P 1 aanrri. ncg Board Local P3anrairacg Agency TUESDAY, FEBRUARY 11, 1992 Commission Chambers 7:30 PM A. Call to order and the Pledge of Allegiance to the Flag of the United States of America. B. Roll Call. C. Approval of the Minutes of January 28, 1992. D. Public Hearings. PB -92 -001 Applicant: South Miami Professional Building, Inc. Request: Special Use Permit to reduce the number of required off- street parking spaces by 20 %, as specified in Section 20- 4.4(H) of the City of South Miami Land Development Code. Legal.: Lots 6 and 7, Block 3, of ROSSWOOD Subdivision, according to the Plat thereof, as recorded in Plat Book 13 at Page 62 of the Public Records of Dade County, Florida. Location: 5996 SW 70 Street South Miami, Florida (A Commercial Building) PA -92 -002 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 3.3 (C) OF THE LAND DEVELOPMENT CODE, CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, TO INCLUDE A SUBSECTION; (6) PERMITTING ONLY PERMITTED RETAIL USES ON THE FIRST FLOOR IN THE "SR" DISTRICT; PROVIDING FOR SEVERABILITY ; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. E. Remarks. F. Adjournment. 4 3 .�_ ,11 I 'III , J- l - _ N i— •` , r C �- -_. -_^ . ---- -� `— ! . r ,JIB. •� ri f--- -- t 10 � t 1 I .: b� • u j �� J r I •�' gip. 3. r � � ti .• i�...•. t �,•i -, �r �r I . � 1 'CO �. • � _ ♦ I •IiJr1• ,6•tOt Yt .0 . .�_� .� 5 �_1 J I N aJ rr 2 r Frs��r� 'I I -- �M■aa�� � • �s■� � �) r �..j,,,r. ,� gyp' r `. �l� `` ��.,� , 10 r ,* I M ►ll f _ a ,P U D " NR�--' .R :_► APPLICANT: JOV IQCY�I 1 rO�C SSIOnQ' V10% n L C. � OWNER: S0-Me :NAP REFERENCE: 59 9 (4 f���v. -} -7O % Stti,CG� CC >'L %ENTS : SpP.C%ol 11St i�Crrntl tp y -GtlVCC 1 Ytt M n6vr 4 Y' 16raj CITY of SOUTH MIAMI PLANNING 50M Com'' oe s s Scale tt7.ca . Date. -1 (� .14, Nil Drn= C h k ..... Hearing No92 001 City of South Miami 6130 Sunset Drive. South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BQARD Property Owner• i �a ✓M, Signature: Address 13UOL.DIA -16 =Al- 5•wJ. p 51'. `x. M)n,a� tt-. Phone Nu 3p,�,- 3oy5e, ( Represented By: Ltlry Organization: 13p" 31 5 W 5 Cl � i" ri i rE. lvo i Address: MiAMi L , 333 r8� Phone Architect : k -�--V Phone: Engineer : Phone: Owner Option to purchase _ Contract to purchase Copy attached? If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTYfCOVERED BY APPLICATION Lot(s) 6o Er 7 Block 3 Subdivision W Ss W nn 1D PB 13 Metes and Bounds: it APPLICATION IS HEREBY MADE FOR THE FOLLOWING: _ variance ✓Special Use Rezoning _ Text Amendment to LDC _ Home Occupational. License PUD Approval _ PUD Major Change i Briefly explain application and cite specific Code sections: SUBMITTED MATERIALS Letter of intent _ Hardship statement _ Reasons for change _ Proof of ownership _ Power of attorney _ Contract to purchase !Current survey mite plan (7 copies) Required fee(s) The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to the best of the applicant's ,knowledg an EsrD��T Date 4-icant's Signature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY : FILED ACCEPTED REJECTED DATE PB HEARING COMMISSION PETITION REQUIRED ADVERT DEADLINE OTHER INFO PETITION ACCEPTED SOUTH MIAMI PROFESSIONAL BUILDING, INC. 13831 SW 59th Street Suite 100 Miami, Florida 33183 (305)382 -2722 December 20, 1991 City of South Miami 6130 Sunset Drive South Miami FL 33143 RE: South Miami Professional Building, Inc. Lots 6 & 7, Block 3, Rosswood Subdivision Plat Book 13, Page 62 of the records of Dade County Dear Sir: We are requesting a change in parking requirements for the above referenced property that would change the building from partial medical use to full medical use. The current use is for: 4049 sq.ft. - medical 9293 sq.ft. - non - medical This existing use requires 52 parking spaces as per the old C -2 zoning under which this building was permitted. The new MO zoning is more restrictive and will require one parking space per 200 square feet of gross area, which would require us to have 67 parking spaces in order to become a full medical building. Because of our close proximity to the South Miami Metro Rail station, we would like to have a special exemption granted that would allow us to have a full medical building. Notice we are only asking for a 29% reduction where the zoning ordinances allow 50%. The reason for this request is the strong demand in office space we are getting from the medical community. We presently have leased the top floor to Dr. Paul Canali, who is currently operating here in South Miami, and have other doctors who are interested in leasing the rest of the building, but the parking situation is a major obstruction. We have installed handicapped ramps from the sidewalk and have provided three handicapped parking spaces where only two are required. I City of South Miami December 20, 1991 Page 2 In addition, there are plenty of on street metered parking spaces along 70th Street and 61st Avenue to the East Of us. Also, the new garage being built at the Metro Rail Station is less than 200 feet from the property. Any reduction obtained in this application will be more than compensated by the parking conditions in the area. In closing, we hope you look favorably towards our application and advise us of any further information you may require. LRG:mw 4- Since ely, I Rosa4s-GG on resident PB -92 -001 Applicant: Request: Legal: Location: STAFF REIPORT February 28, 1992 South Miami Professional Building, Inc. Special Use Permit to reduce the number of required off - street parking spaces by 20 %, as specified in Section 20- 4.4(H) of the City of South Miami Land Development Code. Lots 6 and 7, Block 3, of ROSSWOOD Subdivision, according to the Plat thereof, as recorded in Plat Book 13 at Page 62 of the Public Records of bade County, Florida. 5996 SW 70 Street South Miami, Florida (A Commercial Building) The applicant is requesting a reduction in parking, in order to accomplish a change of use in the building. The structure now provides required parking for a mix of general and medical office uses; the applicant wishes to convert to a medical office use only. The request complies with Section 20- 4.4(H) of the adopted Land Development Code of the City of South Miami. :r, I Planning �3as�d Local Plarzrzng Agency TUESDAY, FEBRUARY 11, 1992 Commission Chambers 7:30 PM A. Call to order and the Pledge of Allegiance to the Flag of the United States of America. B. Roll Call. Present Absent Larry Ligammare Robert Pam Diana Gonzalez Cindy Thorner Manual Gutierrez, John Lefley Paul Eisenhart Jr. Also present were: B & Z Director Lama; Planner Mackey and Board Secretary DeLisa. The meeting was delayed until 8:00 PM so that ballot counting could be completed from the City election. C. Approval of the Minutes of January 28, 1992. Motion by Ms. Gonzalez to defer approval of Minutes of January 28, 1992 to,PB meeting of February 25, 1992. Seconded by Mr. Gutierrez. Vote: Approved: 5 Opposed: 0 D. Public Hearings. PB -92 -001 Applicant: South Miami Professional Building, Inc. Request: Special Use Permit to reduce the number of required off- street parking spaces by 20 %, as specified in Section 20'- 4.4(H) of the City of South Miami Land Development Code. Legal: Lots 6 and 7, Block 3, of ROSSWOOD_Subdivision, according to the Plat thereof, as recorded in Plat Book 13 at Page 62 of the Public Records of Dade County, Florida. Location: 5996 SW 70 Street South Miami, Florida (A Commercial Building Mr. Luis Rosas- Guyon, representing the applicant, signed in and explained that they now have 52 parking spaces whereas the new City Ordinance requires 62 _spaces. In view of the present glut in office space, the applicant wishes to be able to rent to doctors who are in need of office space is this area. The applicant feels that the 20% increase being requested is reasonable in view of the fact that the new Metro -Rail parking garage is less than one block away. Public Hearing- opened. - 'There being no one present to speak for or against, the Public Hearing was closed and Executive Session deemed open. In answer to a question from Mr. Gutierrez, Mr. Mackey stated that the required number of handicap parking spaces is included in this request. Mr. Parr made a motion to approve the request as presented. Seconded by Ms. Thorner. Vote: Approved: 5 Opposed:: 0 9 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING DISBURSEMENT OF UP TO $800,000.00 FROM THE CITY'S REVOLVING TRUST FUND IN STAGES AS RROUIRED FOR THE CONSTRUCTION AND MODERNIZATION OF THE CITY'S PUBLIC WORKS FACILITY; PROVIDING THAT EFFECTIVE 1 1992 ALL INTEREST EARNED ON THE CITY'S REVOLVING, TRUST FUND SHALL BE RETAINED IN THE REVOLVING TRUST FUND. WHEREAS, the City Commission has long since decided It is necessary to construct and modernize the City's Public Works Facility; and WHEREAS, in the February 11, 1992 Election, the Electorate was offered a two-part bond (borrowing) alternative to the expenditure of funds from the Revolving Trust Fund, and WHEREAS, less than 25% of the registered voters voted, thus not enabling passage of either bond (borrowing) 'question, and WHEREAS, the Mayor and City Commission therefore wish to proceed with the City's stated intention of disbursing the funds from the Revolving Trust Fund in the event either of the bond (borrowing) alternatives did not pass; and WHEREAS, It is now the intention of the Mayor and City Commission that the interest derived from the Revolving Trust Fund be retained in the Revolving Trust Fund; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Administration be, and hereby is, authorized to disburse up to $800,000.00 from the City's Revolving Trust Fund in stages as required for the construction and modernization of the City's Public Works Facility. Section 2. That effective -1 1992, all interest earned on the City's Revolving Trust Fund shall be retained in the City's Revolving Trust Fund as opposed to being transferred 0, to the City's General Fund. PASSED AND ADOPTED this ^th day of March, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM! CITY ATTORNEY RESOLUTION NO, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING WANDA BOSTICK AS A MEMBER OF THE RECREATION BOARD OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR UNTIL -A SUCCESSOR IS DULY APPOINTED AND QUALIFIED, WHICHEVER IS LATER. WHEREAS, there presently exists two vacancies in the Recreation Board of the City of South Miami; and WHEREAS, it is therefore necessary to appoint two new members to that Board; NOWt THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That WANDA BOSTICK be, and hereby is appointed, as a member of the Recreation Board of the City of South Miami, Florida, to fill the unexpired term of SHARLENE BUTLER until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this _th day of March, 1992. ATTEST. CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY • APPROVED: MAYOR n DATE / —/ `1 RESUME NAME : �✓�jlNo�,iJ� it �c >.:� 7-/ J c ADDRESS: TELEPHONE: HOME 0FFICE- MARITAL STATUS: EDUCATION: YEARS RESIDING IN SOUTH MIAMI: 6; % `S ORGANIZATIONS YOU BELONG TO: �jatiL— JOB DESCRIPTION: BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the eo le Of South Miami p p pertaining to leisure time activities Commercial Development Board: Promote interest and stimulate new business into South Miami and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a uide to implementation of zoning in the City. Investigate he zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7:30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board: Encourage excellence in the quality of architectural and environmental design. Board meets at 9:00 A.M. on 1st and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations; review grievances if any from employees of the City.' Board meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses, building, zoni sign and other related Codes and Ordinances of the City. Board meets 8:30 A.M. on the 2nd thursday of each month. Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Boar meets 6:00 P.M. on the one Monday each month. South Miami Action Committee: Please write in your Preferences for Boards: Board address items of community concerns such as housing, economic development and delivery of necess human and social services. Board usually meets 1 thursday a month at 6:30 P.M. 1. I RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING GRANT MILLER AS A MEMBER OF THE RECREATION HOARD OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED, WHICHEVER IS LATER. WHEREAS, there presently exists two vacancies in the Recreation Board of the City of South Miami; and WHEREAS, it is therefore necessary to appoint two new members to that Doard; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That GRANT MILLER be, and hereby is appointed as a member of the Recreation Board of the City of South Miami, Florida, to fill the unexpired term of SANDRA WITHERSPOON until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this _ th day of March, 1992. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: OR I f RESUME NAME : 64P4,er I yut , d (-P2 ADDRESS: TELEPHONE: HOME OFFICE- 665—, `j5Z /6( MARITAL STATUS: DATE J� EDUCATION: Fl. L.) - YEARS RESIDING IN SOUTH MIAMI: ORGANIZATIONS YOU BELONG T0: 4:.)L .< •'� �-� iL-c JOB DESCRIPTION: BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people of South Miami pertaining to leisure time activities. Commercial Development Board: Promote interest and stimulate new business into South Miami and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7:30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board: Encourage excellence in the quality of architectural and environmental design. Board meets at 9:00 A.M. on 1st and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations; review grievances if any from employees of the City. Board meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses, building, zoni sign and other related Codes and Ordinances of the City. Board meets 8:30 A.M. on the 2nd thursday of each month. Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Boar meets 6:00 P.M. on the one Monday each month. South Miami Action Committee: Board address items of community concerns such as housing, economic development and delivery of necess human and social services. Board usually meets 1 thursday a month at 6:30 P.M. Please write in your ` preferences for Boards: ^eu 6/? RESOLUTION Nth A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING JERRY- BIRDWELL AS A MEMBRR OF THE TREE 'COMMITTEE OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEHRUARY'17, 1993, bR UNTIL AA SUCCESSOR IS DULY APPOINTED AND QUALIPIEU, WHICHEVER IS LATER. WHEREAS, on or about March 5, 1991, the City of South Miami enacted ordinance 6 -91 -1471 providing for the establishment of a Tree Committee; and WHEREAS, it is therefore necessary to appoint a total of five members to that Committee; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That JERRY BIRDWELL be, and hereby is appointed as a member of the Tree Committee of the City of South Miami, Florida, to serve in such capacity until February 17, 199 -1, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this th day of . 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY �H� a � JERRELL.W. BIRDWELL 6612 Mimosa Court South Miami, FL 33134 (305) 667 -- 3096, 471 -6632 Nov. 1987 - Present WCIX, Miami. Moved to WCIX Station Manager and Program sale of WCIX to CBS in Janu named Director of Broadcast included responsibility for erence: John- Trinder-, CEO, Group, Virginia Beach, VA. by TVX Group as Director. Upon ary, 1989, I was Operations, which Programming. Ref - TVX Broadcast Feb. 1986 - Nov. 1987 Vice President, Programming & Research, TVX Broadcast Group, Virginia Beach, VA. Responsi- ble for programming six independent stations, and developing computer programs for program and financial, control._ Was relocated to Miami to assist in "turn around" of newly purchased WCIX. June 1984 - reb. 1986 Vice President and General Manager, WLOS, (ABC) Greenville- Spartanberg- Asheville, No. Carolina. Station audience base increased dramatically under my management. Reported to Anthony Cassara, CEO, Wometco Broadcasting Co., Los Angeles. July 1980 - June 1984 Vice President and General Manager, KAUT, Okla - homa City, OK. Responsible for construction of the station. It became dominant early fringe and access in its first rating period in the three- independent station market. I rejoined the Cassara group, Wometco, when KAUT was placed on the market by owner Gene Autry. 1954- 1980 1954 -1963: KTLA, Paramount Television, Los Angeles. Began career as news writer and air director; moved into various sales support functions such as Traffic Manager, Director of Sales Services and Research, and National Sales Manager. 1963- 1980: KTLA, Golden West Broadcasters. Director of Advertising and Promotion,; Director of Program Administration; 1974 -1980: Director of Programming. During the years I was Execu- tive Producer of many award winning documenta- ries and special event programs. KTLA was recognized as an industry leader, experiencing spectacular growth during the era. I was reassigned in 1980 to Oklahoma City to build and operate KAUT. Reported to John Reynolds, President of Golden West Broadcasters. [L' C;A EDUCATION: Awards: Birdwell - Page 2 B.S. Degree, 1949, Stephen F. Austin State College (Texas) Graduate Study: University of Southern California, Telecommunications, 6 hours. USAF - Officers Candidate School; USAF Management and Leadership School; Aircraft Control School. Over the years I have received many awards and citations. I have been ;active in community organizations such as the Rorary Clubs of Oklahoma City and Asheville; Chamber of Comnmerce committees; and home owner association officers and committees. In 1985, I received the Asheville Chamber of Comnmece Meritorious Award for Community Serivice. I was awarded the City of Los Angeles certificate of commendation by Mayor Bradley for years of service in the Motion Picture and Television industry. February 4, 1.991 Birdwell - Memberships: Fairchild Tropical Gardens Miami Museum of Science Miami -Dade Public Library American Museum of Natural History Smithsonian Institute National Geographic Society Western Heritage Museum (National Cowboy Hall of Fame) National Association of Television Program Executives Miami Chamber of Commerce PUBLICATIONS READ: Miami Herald Ft. Lauderdale Sun Sentinel South Miami News Fairchild Garden News /Tropical Fruit World Florida Trend Newsweek Broadcasting Electronic Media Variety PC World Lotus 123 Magazine Stereo Review Readers Digest National Geographic Magazine Smithsonian Magazine Public Library - I read an average of four non- fiction books each week. CIVIC GROUPS: Davis Gardens Homeowners Association 91 Mi RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING PETER LAHANAS AS A MEMBER OF THE TREE COMMITTEE OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 17, 19940, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND OUALIFIRD, WHI'CHE'VER IS LATER. WHEREAS, on or about March 5, 1991, the City of South Miami enacted ordinance 6 -91 -1471 providing for the establishment of a Tree Committee; and WHEREAS, it is therefore necessary to appoint a total of five members to that Committee; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Sentign 1. That PETER LAHANAS be, and hereby is appointed as a member of the Tree Committee of the City of South Miami, Florida, to serve in such capacity until February 17, 1994, or until, a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this T„th day of 1992. APPROVED; MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESUME NAME: Pete N. Lahanas DATE February 8th, 1991 ADDRESS: 6601 SW 75 Terrace, So. Miami, FL 33143 TELEPHONE: HOME - 661 -1561 OFFICE -284 -2204 MARITAL STATUS: Single EDUCATION: Oregon State University, Oregon - Bachelor Degree Aubuin University, Alabama - Master Degree University of Miami - will graduate in the Spring as Doctor Biology. YEARS RESIDING IN SOUTH MIAMI: 8 yearn ORGANIZATIONS YOU 'BELONG TO: American Society of Icthyologist, Herpetology; Society for the Study of Amphibians & Reptiles; Herpetologist's League. JOB DESCRIPTION: Research Assistant and Instructor - University of Miami. BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people of South Miami pertaining to leisure time activities. Commercial Development Board: Promote interest and stimulate new business into South Miami and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7:30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board: Encourage excellence in the quality of architectural and environmental design. Board meets at 9:00 A.M. on Ist and 3rd Tuesday of each month. Personnel Board: Review 'Personnel regulations; review grievances if any from employees of the City. Board meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses, building, zoning, sign and other related Codes and Ordinances of the City. Board meets 8:30 A.M. on the 2nd thursday of each month. Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Board meets 6:00 P.M. on the one Monday each month. South Miami Action Committee: Please write in your preferences for Boards Board address items of community concerns such as housing, economic development and delivery of necessar% human and social services. Board usually meets l thursday a month at 6:30 P.M. 1 TREE BOARD 2. 0 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING DORIS ROSEBRAUGH AS A MEMBER OF THE TREE COMMITTEE OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 17, 19941 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND (QUALIFIED, WHICHEVER IS LATER. WHEREAS, on or about March 5, 1991? the City of South Miami enacted Ordinance 6 -91 -1471 providing for the establishment of a Tree Committee; and WHEREAS, it is therefore necessary to appoint a total of five members to that Committee; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE 'CITY OF SOUTH MIAMI, FLORIDA: 3ect_i.o 1. That DORIS ROSEBRAUGH be, and hereby is appointed as a member Of the Tree Committee of the City of South Miami, Florida, to serve in such capacity until February 17, 1994, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this th day of 1992. APPROVED: MAYOR ATTEST: CITY ZEE- LERK READ AND APPROVED AS TO FORM CITY ATTORNEY...... "� DATE January 28, 1991 NAME: ADDRESS: RESUME Doris Rosebraugh 7511 SW 64 Court, South Miami, FL 33143 TELEPHONE: HOME - 667 -0054 OFFICE- -- - - - - -- MARITAL STATUS: Single EDUCATION: Brenan College, Gainesville, GA; Miami -Dade Community College, Miami, FL - Associate of Art with Honors; University of Miami, Coral Gables, FL - Bachelor of Art. YEARS RESIDING IN SOUTH MIAMI: Thirteen (13) years ORGANIZATIONS YOU BELONG TO: 1st V.P., Miami Horticultural Study Society; Fairchild Gardens, Dade Chapter Florida Native Plant Society. JOB DESCRIPTION: Landscape Designer, Teacher & Lecturer 1980 -1986 Adjunct Professor, FIU BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people of South Miami pertaining to leisure time activities. Commercial Development Board: Promote interest and stimulate new business into South Miami and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any ,existing zoning matters or requests for future development. Board meets 7:30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board: Encourage excellence in the quality of architectural and environmental design Board meets at 9:00 A.M. on 1st and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations; review grievances if any from employees of the City. Board meet's when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses, building, zoning sign and other related Codes and Ordinances of the City. Board meets 8:30 A.M. on the 2nd thursday of each month. rr Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Board meets 6:00 P.M. on the one Monday each month. South Miami Action Committee: Please write in your preferences for Boards: Board address items of community concerns such as housing, economic development and delivery of necessar human and social services. Board usually meets 1 thursday a month at 6:30 P.M. 1 2. Tree City USA RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING PETER STRELKOW AS A MEMBER OF THE TREE COMMITTEE OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 171 1993, OR UNTIL A SUCCESSOR I9 DULY APPOINTED AND OUALIPIED, WHICHEVER IS LATER. WHEREAS, on or about March 5, 1991, the City of South Miami enacted Ordinance 6 -91 -1471 providing for the establishment of a Tree Committee; and WHEREAS, it is therefore necessary to appoint a total of five members to that Committee; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 012tion 1. That PETER STRELKOW, and hereby is appointed as a member of the Tree Committee of the City of South Miami, Florida, to serve in such capacity until February 17, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this _nth day of 1992. APPROVED: MAYOR -- , - „_ -- - -- ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 13 DATE /• 3/' q1 RESUME NAME : refer ADDRESS: Co83 JK1 7S• TELEPHONE: HOME fowfo- 217% OFFICE- MARITAL STATUS: MA22I&FL2 EDUCATION: of L�iVDsc�,o� �ieGry/TTt� ,/WlVA,ERS 7' / e� D YEARS RESIDING IN SOUTH MIAMI: 1• S JXA ' ORGANIZATIONS YOU BELONG TO: .r- r/fGt1lLO • Al,, 44/ oe Re- �—/27Y JOB DESCRIPTION: G��s�yq�� iq��yr7�GT BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people of South`Miami pertaining to leisure time activities. Commercial Development Board: Promote interest and stimulate new business into South Miami and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7:30 P.M. on 2nd and fast Tuesday of each month. Environmental Review Board Encourage excellence in the quality of architectural and environmental design. Board meets at 9:00 A.M. on 1st and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations; review grievances if any from employees of the City. Board meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses, building, zoning sign and other related Codes and Ordinances of the City. Board meets 8:30 A.M. on the 2nd thursday of each month. Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Board meets 6:OO P.M. on the one Monday each month. South Miami Action Committee: rite in our Board address items of community concerns such as 13housing, economic development and delivery of necessar human and social services. Board usually meets 1 thursday a month at 6:30 P.M. � e w y preferences for Boards: 1 . /`� '77F25' 2 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING LORI YANOSHIK AS A MEMBER OF THE TREE COMMITTEE OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 17, 1993, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND OUALIPIED, WHICHEVER IS LATER, WHEREAS, on or about March 51 1991, the City of South Miami enacted ordinance 6 -91 -1471 Providing for the establishment of a Tree Committee; and WHEREAS, it is therefore necessary to appoint a total of five members to that Committee; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OP SOUTH MIAMI, FLORIDA: Section 1. That LORI YANOSHIK be, and hereby is, appointer] as a member of the Tree Committee of the City of South Miami, Florida, to serve in such capacity until February 17, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this th day of APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY I� 1992. DATE `y► i�tAN! �, . I�q RESUME NAME: L—Oale N • y14rlos y' ADDRESS: 7�41 SO 64+' C-oupt, S®o-� MMwI., FL 33/93 TELEPHONE HOME - 1 OFFICE -_ 5;?-R 19,- MARITAL STA1US: 51,31e EDUCATION 6, S- Ac-cevOtt", I, Peo vlsV ion"I4 S1 -6-fe Utvi vetest' cup'Re'0`�' e- 14eelle.t0 "►'� r.SU S VYltyS�C'�25 of �.tq -,117S Ip f? /fV2c�1kfE 11r2(° YEARS RESIDING IN MTH MIAMI; G` � y emo-S ' ORGANIZATIONS YOU BELONG TO: hithu,�; pj,aA i w-ee Secl , P JOB DESCRIPTION: C�►'2tDN.tU F6 A)w c i A-( 6A A-� St, T--1v2I O BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people of South Miami pertaining to leisure time activities. Commercial Development Board: Promote interest and stimulate new bus i Ess into South Miami and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7:30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board: Encourage excellence in the quality of architectural and environmental design. Board meets at 9:00 A.M. on 1st and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations; review grievances if any from employees of the City. Board meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses, building, zoning sign and other related Codes and Ordinances of the City. Board meets 8:30 A.M. on the 2nd thursday of each month. Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Board meets 6:00 P.M. on the one Monday each month. South Miami Action Committee: P write in your Board address items of community concerns such as housing, economic development and delivery of necessar human and social services. Board usually meets 1 thursday a month at 6:30 P.M. preferences for Boards: 1. -Tee �jOq�p 2. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING._MARY SLATER -LINN AS A MEMBER OF THE HISTORIC SECTION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD OF THE CITY OF SOUTH MIMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED, WHICHEVER IS LATER. WHEREAS, there presently exists a vacancy in the Historic Section ofthe Environmental Review and Preservation Board of the City of South Miami; and WHEREAS it is therefore necessary to appoint a new member to that Board; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Mary Slater -Linn be, and hereby is appointed as a member of the Historic Section of the Environmental Review and Preservation Board of the City of South Miami, Florida, until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this day of March, 1992. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY �s DATE December 27, 1990 NAME: Mary - Slater Linn RESUME ADDRESS: 5721 SW 58th P1. Miami 33143 TELEPHONE: HOME - 667 -8552 OFFICE -"' MARITAL STATUS: single EDUCATION: B.A. Mary Baldwin C011ege YEARS RESIDING IN SOUTH MIAMI: 3 ORGANIZATIONS YOU BELONG TO: SLerra Club, Coconut Grove J.C's, Nature Conservanc -, JOB DESCRIPTION: Educational Services Manager for Junior Achievement of Miami (see attatched resume for description) BELOW ARE LISTED SOUTH 'MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people of South Miami pertaining to leisure time activities. Commercial Development Board: Promote interest and stimulate new business into South Miami and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any existing zoning mutters or requests for future development. Board meets 7:30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board: Encourage excellence in the quality of architectural and environmental design. Board meets at 9:00 A.M. on Ist and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations; review grievances if any from employees of the City. Board meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses, building, zoning, sign and other related Codes and Ordinances of the City. Board meets 8:30 A.M. on the 2nd thursday of each month. Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Board meets 6:00 P.M. on the one Monday each month. South Miami Action Committe Board address items of community concerns such as housing, economic development and delivery of necessary human and social services. Board usually meets 1 thursday a month at 6:30 R.M. P a se write in your preferences for Boards: 1. Environmental Review 2. n omms. ee ., �_ RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI.. FLORIDA APPOINTING JOAN YARBOROUGH AS A MEMBER" OF THE HISTORIC SECTION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED, WHICHEVER IS LATER. WHEREAS, there presently exists a vacancy in the Historic Section of the Environmental Review and Preservation Board of the City of South Miami; and WHEREAS, it is therefore necessary to appoint a new member to that Board; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That JOAN YARBOROUGH be, and hereby is appointed as a member of the Historic Section of the Environmental Review and Preservation Board of the City of South Miami., Florida, until February 1, 1993, or until a successor is duly appointed and qualified, whichever is latex. PASSED AND ADOPTED this th day of March, 1992. ATTEST: CITY CLERK — - READ AND APPROVED AS TO FORM: CITY ATTORNEY 14 APPROVED: MAYOR DATE 2/21/92 RESUME NAME : Joan Yarborough ADDRESS`: 5950 S.W. 74th Street, Apartment 311 TELEPHONE: HOME - 661 -5713 OFFICE- MARITAL STATUS: single EDUCATION: YEARS RESIDING IN SOUTH MIAMI: Born in South Miami ORGANIZATIONS YOU BELONG TO: South Miami Garden Club JOB DESCRIPTION: retired, 20 years with Dade County School Board Recording Secretary BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people of South Miami pertaining to leisure time activities. Commercial Development Board: Promote interest and stimulate new business into South Miami and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7:30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board: Encourage excellence in the quality of architectural and environmental design. Board meets at 9:00 A.M. on 1st and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations; review grievances if any from employees of the City. Board meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses, building, zonin sign and other related Codes and Ordinances of the City. Board meets 8:30 A.M. on the 2nd thursday of each month. Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Board meets 6:00 P.M. on the one Monday each month. South Miami Action Committee: I& Please write in your Board address items of community concerns such as housing, economic development and delivery of necessa human and social services. Board usually meets 1 thursday a month at 6:30 P.M. preferences for Boards: 1. Historic Portion, Environmental Review & Preservation Board - . -71-R-1111-11- . ,% ,. - RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF TEN PARK BENCHES, EIGHT PLCNIC'TABLES AND'FOUR -BAR -- BECUE GRILLS FROM SOUTHERN PARK & PLAY SYSTEMS, INC. FOR A'TOTAL PRICE NOT TO EXCEED '$ 3,278.00 BY THE RECREATION DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2000 -6430 "RECREATION EQUIPMENT - OPERATING". WHEREAS, pursuant to the 1991 -92 Budget of the City of South Miami, Florida, the Recreation Department of the City of South Miami, Florida was authorized to purchase park benches, picnic tables and barbecue grills for the City parks; and WHEREAS, the Administration of the City of South Miami has now obtained at least three bids and recommends Southern Park & Play Systems, Inc. with a total cost of $ 3,218.00 for a total of ten park benches, eight picnic tables, and four barbecue grills as the lowest responsible bidder; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: .Section 1. That a purchase order be, and hereby is, awarded to Southern Park & Play Systems, Inc. in an amount not to exceed S 3,278.00 for park activities. Section 2. That the disbursement be charged to account no. 2000 -6430 "Recreation - Equipment - Operating ". PASSED AND ADOPTED this day of March, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM! CITY ATTORNEY /7 AN 4vu1 n£RN IRK D PLAY -S Y 44CM90 111%0. 3780 Minton Road MELBOURNE, FLORIDA 32904 -9556 (407) 729 -9700 FAX (407) 729 -8357 TOLL FREE _ 1 800- 247 -1545 TO* +City of South -Mi mi Parks - &'_n1%_ 6130 Sunset Drive South Miami, FL. 33143 Attn: Jim Cowan (305);667- 5691 , IREASE MCATE THE ABOVE NUMBER WHEN ORDERING QUOTATION DATE ,SALESMERSON 2/14/92 Dale Hasner .AXXXRY DATE - IN WRY NUMBER - 4 ea. Pilot Rock #A -20, Premier Park Grill 30 to 45 days I.Common Carrier -Origin - IA Net 30 4 ea. Pilot Rock #A -20, Premier Park Grill $84 00 $336 00 320 sq. inch cooking area, infinitely adjustable grate 0 -1211, grill flips back for easy clean -out, 360° rotation, theft proof locking mechanism, built -in ash pan, bottom of grill', reinforced, with ring for additional strength 8 ea. Pilot Rock #XT /G -6SP, 6' Picnic Table $174 00 $1,392 00 2 3/8" OD all- welded one piece end frames, hot - dipped galv. after fabrication, center channel, cross - bracing and hardware are all hot - dipped galv., 2 " x 10" x 6' pressure treated pine boards (treated to .4 lbs. per cu. ft. of CCA; in ground or water contact) 10 ea. Pilot Rock #SXB /G -6SP, 6' Park Bench $106 00 $1,060 00 Stationary, all- welded 2 3/8" OD end frames, hot - dipped galv. after fabrica- tion, hardware hot- dipped galv,, 2" x 4" Subt tal $2,788 00 x 6' pressure treated pine boards treated Disc unt $ -112 00 to .4 lbs. per cu. ft. Freight $ 602 00 00 TOT ... .$3,278 � r•'�a !..�L =Qty �� DELIVERY: 30 to 45 days I WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. Tt QUOTATION IS SUBJECT TO THE CONDITIONS PRINTED ON REVERSE SIDE, AND IS VALID FOR 45 DAYS. THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE. D�BY V- -1 ACCEPTED DATE - -- -• •.-,- ' wuFN f1RnFRING. I q 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 $5,676.36 REPRESENTING FEES INCURRED FOR LEGAL REPRESENTATION BY KENNETH MYERS, OF SQUIRE, SANDERS a DEMpsY AS BOND CONSULTANT; CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100 -9950: "RESERVR FOR ENCUMBRANCES". WHEREAS, the City Commission heretofore authorized the City Administration to employ Kenneth Myers, of Squire, Sanders t Dempsy, as bond consultant; and WHEREAS, the City has now received invoices for legal services rendered pursuant to the aforesaid authorization for the period ending 'January 14, 1992 for a total of $5,676.36; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to disburse the sum of 65,676.36 to Kenneth Myers, of Squire Sanders a Dempsy, for legal services rendered as bond consultant. Section 2. The disbursement be charged to account number 2100- 9950: "Reserve for Encumbrancea". PASSED AND ADOPTED this ,nth day of March, 1992, APPROVED: MAYOR � ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 1 - t m .-'ice .. - -vim .tea s� �+' _ _ W mm 3n ;o -n M PC: so H Z. ►.-.1 Z 'Q3" Z fi sr m0 . : r -170 -4 r '0 - Zm rO M"4z -W fi 1 -4 -04 mm r -40 -4 r 7r -ir M : -imm M } < < -im • m M. mm T.. -4 N.. C M mm r n707R r fi'9 9 Tz.. z wx M O O0?. 2 lcoo : 7091 -.r =Arn r fi m m 70-1 ZZ G') -t. i OHO 9/ '>M - ZS -.T M% m m fi .... 00 -i N J. 1r "10 1r0 YO 0. 70' '0- O fiS n D O-t C r' mt-W w mr-04 rz - '7<m #O r ON O I m. 3. H C, O. r : m O. GIMM -1 k M N 00 WW O of.: 3. u. Z r 'y N. 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D x. < » 3 . M N R Z 11-1 0 91 # tr x m y # r r} 3.0 °o �c R n o rn`' *:► m m o n m -r ' r r>. O O C 7t O »O N Mrt COO I nV+ O 1n » • M • A .. OI �I A. #. • x T. W »70 Gl.G1R coal I 3 »• O . m In m T R O s Ooz 1 ( O #• M . m m m R•• n DR -1.1 1 C R. N ;• T -1 T m n R O --4 1 -Z »• Ix • N O m o Rm O -rt o # m w r R r .. .. R 0 01 C } ►y r m 'RI-1 1 • 0.41 m » W z r -4 *n 2 m* ml O -w f *inn. M/. M D •• M » t -< R "1 O W 1 o O r n -o Rr T T #onu Cori 1 • N #87 nfA 100401 r -1 70 *0 v M R DCn ... ro 1 O (A *MCC -,nc T M m W Rt H NR0 -1-1 O # -42-04 Oh•M -1 r W » 7t 7c R mm C •Tz-1 r-< T S. N R T TR mho 70< Wr 70 r fi 2 Z» N m N 7D R. c flits= m • r ♦ z Z» O-0 a T O # -t0.70 r.Z70 D • M } m M* 3-0 __ O 27► } SMN 00" -1 . 2 } -4 -4 R -170 MM • 97 :00.4 x -4 N • 0 # R Mm MZ 0 Ov »ZWm zm T » R O -h4 0 Zr #:. ' I In0 1 70 D » R Ml Ism 0 O » -AMC of"O • Z -1 JAI 00 1 n O f sDNZ • 1Z • D #• • . R 00 • 0 1 -4 o r } m x . n R. . . » 0..0 <k •.7- 00-n 1 » 191 <10-n n R • . s cc"" } CO n20' -4 R. • . R .0,0 # 070 r m NN n C s z m • » » LITY MANAGER'S D.FFI #wv vw e » R ;� ✓ �Z7, January 14, 1992 Mr. . i,7 - I? iam Hampton City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Our File No. SOU50 -002 -8 /05J 577 -67DD FOR LEGAL SERVICES rendered in connection with planning and preparation of Resolution for Bond Referendum to be held on February 11, 1992; conferences with the City Manager and City officials; research of law; preparation of drafts of Resolutions and subsequent conferences with City Manager and City officials; attendance at meeting of the City Commission; rendering of general advice and assistance regarding the election process and format for the Resolution; assistance in preparation of a Notice of the election for publication; subsequent telephone conference with City Manager; all other miscellaneous matters in connection with above. Unbilled disbursements including telephone and telecopy, internal printing and reproduction. TOTAL AMOUNT DUE I� $5,640 36.36 $5,6 JAN 1 fia QT� .1AAKAUR'S OFFICE RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $29,555.24 TO SIX POLICE OFFICERS PURSUANT TO A DECISION OF THE U.S DEPARTMENT OF LABOR, EMPLOYMENT STANDARDS ADMINISTRATION,_ WAGE AND HOUR DIVISION, AND PROVIDING FOR DISBURSEMENT: FROM POLICE DEPARTMENT ACCOUNT NUMBER 1910 -1210 "SALARIES AND WAGES ", WHEREAS, the Federal Wage and Hour Division has determined that the following Police Officers are due back overtime pay for a two year period (July, 1989 - July, 1991): Motorcycle Unit Officer Dion Cole $ 2,794.83 Officer Larry Corbin 5,164.95 Officer Jorge Delgado 3,047.79 Officer Antonio Fernandez 6,806.59 K -9 Unit Officer Dale Owens 8,072.40 Officer Joyce Garner 3,668.68 Total back wages $29,555.24 and; WHEREAS, the Wage and Hour Division's investigation of all local government practices regarding the assignment of police officers to Motorcycle and K -9 units was prompted by a U.S. Supreme Court decision, (City of San Antonio vs. Garcia) and; WHEREAS, there was no finding of pre- meditated fault on the part of the City, and; WHEREAS, none of the above named Officers lodged complaints or initiated original contact with the Wage and Hour Division, and; WHEREAS, back pay overtime occurred when Motorcycle Officers performed maintenance on their motorcycles off duty and at home, and; WHEREAS, back pay overtime occurred when K -9 Officers cared for their dogs and cleaned their K -9 cars off -duty and at home, and; r; WHEREAS, the City Manager, the above named Officers and the Wage and Hour Division have reached an agreement on the amount of back wages due: NOW, THEREFORE, BE IT 'RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager be directed to prepare individual checks in the amounts indicated above for each of the six officers named. Section 2. That the City Manager execute Wage and Hour FORM WH -58 (Rev. January 1982) titled "Receipt for Payment of Back Wages" on behalf of the City. Section 3. That the City Manager have each officer upon receipt of a City check in the amount described above and approved by the Wage and Hour Division, sign FORM WH -58 releasing the City from any further obligation regarding any unpaid wages in the time period July, 1989 through July 1991. Section 4. That the disbursement be charged to Police Department account number 1910 -1210 "Salaries and Wages ". PASSED AND ADOPTED this 3 day of March 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY -2 Ad Citu of South Miami V INTER — OFFICE MEMORANDUM Mayor and City Commission DATE: February 25, 1992 ro: A ii Ham to Police Dept. - Federal Wage p 5'WBJECT. - rzonn. .City Ma ger and Hour Motorcycle and and K -9 Units Case I am pleased to report that through negotiations with the Federal Wage and Hour Division Mr. Crosland and I, have settled the Motorcycle and K -9 back overtime pay issue as described in the attached Resolution. As previously discussed with the Commission, I disagree with the Federal Government's intrusion into the operation of our Motorcycle and K -9 units. These units are all volunteer and each officer knew of the off -.duty requirements for maintaining their equipment and animals. However, we must obey the current Federal law and regulations. In order to avoid future overtime obligations for these units, the Chief of Police has directed that all equipment maintenance shall be performed on the job, at City Hall or the Motor pool. To accommodate the K -9 officer's seven day -a -week care of "Officer Wodan" (the dog), the officer's time has been adjusted. The Wage and Hour Division originally proposed a back pay amount of $116,000 and included the Sergeants'class. That proposal was not acceptable and the Wage and Hour Investigator was so informed. Mr. Crosland and I presented the City's case and eventually the Wage and Hour Investigator accepted the $29,555.24 back -pay figure and dropped the Sergeants' class. WFH:er Attachments 0J Summary of Unpaid Wages U.S. Department of Labor Employment Standards Administration Wags and Hour Division /* ``p (Ares Office Address) Compliance Officer: Date: 150 SW 1st Street Myrna Moreno 2/13/92 Room #202 Employer Fed. Tax ID Number: Miami, FL 33130 59- 6000431 3. Period Covered by 4. Act(;) (see code 5. Gross Amounts . Name Workweek Ending Dates below)* Due Cole, Dion 7 7/91 1 Corbin, Larry 7/89 --[7/91 1 #3,047.79 Delgado, Jorge 7/89 7/91 1 Fernandez, Antonio 7/89 7/91 1 6 806.59 Garner Joyce 7/89 7 / 91 1 - 3 668.68 Owens, Dale i agr" to pay thr BMW eaiploysee- Empkrfw Nam. and Address: TOTAL 1$.--.- 29,555.24 the back. wagew ohm* i d -to no proof of paw to. thW W&V0* City Of , South Miami- and-Mw w Ana Offler= wshoww- outh Miami'-Police Dept . 0df above by March 4, 1991 6130 Sunset. Drive z (date? South Miami, FL 33143 �' Dili- 4 CC,. Q.. Fnen 1MMdid t U.S.GPO:1991 -0= 295.387 Receipt For Payment of Back Wages U.S. Department of Labor As computed or approved by the Wage and Hour Division Wage and Hour Division Employment Standards Administration 4P I, hereby acknowledge receipt of payment in full (Type or print name of employes) from (Name and location of establishment) for the period beginning with the workweek ending through the workweek A ending of unpaid wages due me (as shown in the column to the right) under the Act(s) indicated in the marked box(es): ❑ The Fair Labor Standards Act ❑The Davis -Bacon and Related Acts Gross amount $ The Walsh - Healey The Contract Work Hours Public Contracts Act ❑ and Safety Standards Act Legal deductions $ ❑ Title III Consumer The Service Contract Act ❑ Credit Protection Act Net amount received $ NOTICE TO EMPLOYEE. -Your acceptance of back wages due under the Fair Labor Standards Act means that you have given up any right you may have to bring suit for such back wages under Section 16(b) of that Act. Section 16(b) provides that an employee may bring suit on his/her own behalf for unpaid minimum wages and /or overtime compensation and an equal amount as liquidated damages, plus attorney's fees and court costs. Generally, a 2 -year statute of limitations applies to the recovery of back wages. Do not sign this report unless you have actual- ly received payment of the back wages due. Signature of employee Data Address (Number, Street. (Apt. No.). City. State, ZIP Code) EMPLOYER'S CERTIFICATION To Wage and Hour Division, Employment Standards Administration. U.S. Department of Labor I hereby certify that I have on this (date) paid the above -named employee in full covering unpaid wages "stated above. Signed Title (Employer or authorized representative) PENALTIES ARE PRESCRIIIED FOR FALSE STATEMENTS AND FALSE RECEIPTS 1. WAGE AND HOUR COPY Form WHI-W (Rev. Jan. 1982) Is RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING EXECUTION OF AN INTER -LOCAL AGREEMENT WITH METRO -DADE COUNTY DEPART- MENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) FOR COMPLIANCE 'GIRTH THE ENVIRONMENTAL PROTECTION AGENCY {$PA) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES); SPECIFICALLY AUTHORIZING PAYMENT OF $13+88B.B9 TO THE DADS COUNTY BOARD OF COMMISSIONERS AS THE CITY'S PRO RATA SHARE; CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2100 -5510 "NON DEPARTMENTAL GENERAL CONTINGENCY "'. WHEREAS, the Federal Environmental Protection Agency (hereinafter EPA) has enacted rules for a National Pollutant Discharge Elimination System (hereinafter NPDES) providing inter ala for the elimination of storm water discharges; and WHEREAS, the Metro -Dade Department of Environmental Resources Management (hereinafter DERM) has tendered an Inter- Local Agreement, attached hereto, under which 18 municipal entities will cooperate to comply with NPDES; and WHEREAS, the pro rata share for the City of South Miami's participation in this Inter Local Agreement is $13,888.89; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager be, and hereby is, author- ized to execute the attached Inter -Local Agreement for Profes- sional Services with DERM for compliance with NPDES. Section 2. That the Administration be, and hereby is, authorized to disburse the sum of $13,888.89 to the Metro -Dade County Board of County Commissioners representing the City of South Miami's pro rata share for participation in the NPDES Inter -Local Agreement. Section 3. That the disbursement be charged to account no. 2100 - 5510: "Non Departmental General ("nntingeney ". PASSED AND ADOPTED this th day of March, 1992. APPROVED: ATTEST: CITY HEii - -- READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR. _ ..__..._..........___._.�.,_... 2 u �Q . . . . . . . . . . - - - METROPOLITAN DADE COUNTY, FLORIDA METRO�DADE MI January 31, 1992 Mr. William Hampton City Manager City of South Miami 6130 Sunset Drive. Sough Miami -, FL 33143 Dear Mr. Hampton: '440•� METRO -DADE CENTER ENVIRONMENTAL RESOURCES MANAGEMENT SUITE 1310 — 111 N.W. lst'STREET .M IAMI, FLORIDA 33126 -1971 j 1�ti (305) 375 -3376 1T (, MANAGER'S OFFiC- Part II of the NPDES permit application process (automatic sampling) is set to begin on February 17, 1992, pending approval by EPA. DERM is anxious to initiate this program and is looking forward to working with the Joint Applicants in this upcoming year. Enclosed is your executed Interlocal Agreement for Professional Services from DERM for the Two -Part NPDES Permit Application and Resolution No. R- 74 -92. As per the Interlocal Agreement, it must be pointed out that the PRO RATA SHARE for each of the participating Joint Applicants is $13,888.89, since the number of applicants was reduced by one to eighteen instead of the original nineteen. The City of West Miami opted out of the Joint Application process, making our group eighteen participating applicants. Please make your check for the amount of $13,888.89 payable to: Dade County Board of County Commissioners. Remit, your check on or before February 14, 1992 to: Mr. Carlos Espinosa, P.E. Assistant Director Department of Environmental Resources Management Metro -Dade Center 111 N.W. 1st St. Suite #1310 Miami, FL 33128 Should you have any questions please do not hesitate to call meat 375- 3375. Sin y Ca o in Assist rector Department of Environmental Resources Management CE /DKV /np Attachments k, - -7 U - r7 INTERLOCAL AGREEMENT FOR PERFORMANCE BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH< THE TWO -PART NPDES PERMIT APPLICATION BY ` THE CITY OF SOUTH MIAMI AND DERM CITY MANAGER'S; : ;mac This Interlocal Agreement ( "A reement ") is made and entered into this -;L1 ST day of Z �N�� , 1992, by and between Metropolitan Dade County, through its Department of Environmental Resources Management (DERM) [hereinafter sometimes referred to collectively as the "COUNTY "] and the City of South Miami [hereinafter sometimes referred to as the "CITY "], in order that the City may be included as a co- permittee as provided under the Environmental Protection Agency [hereinafter "EPA "] National Pollutant Discharge Elimination - System , "[hereinafter "NPDES "] Permit Application Regulations for Storm Water Discharges; Final Rule [hereinafter "NPDES Final Rule "]`, and that the professional services required to accomplish the tasks set forth in the NPDES Final Rule may be initiated on behalf of both the CITY and the COUNTY as co- permittees. Section I Definitions For purposes of this Agreement, the following terms shall apply: Agreement shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference. CITY shall mean City of South Miami, by and through its City Manager. COUNTY shall mean Metropolitan Dade County, by and through its Department of Environmental Resources Management ( "DERM "). FORCE MAJEURE shall mean an act of God, earthquake, fire, explosion, hurricane, flood o strike, an act of a` public enemy, or blockade, general arrest or restraint of government disturbance or similar occurrence, which has had expected to have a material adverse effect obligations under this Agreement. epidemic, lightning, similar occurrence, insurrection, riot, and people, civil or may reasonably be on the rights or In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124 (Attachment "A "), incorporated herein by reference. Section Ii Term of Agreement The term of this Agreement shall commence with the date of execution, and shall expire on November 16, 1993. Section III Scope of Work The parties hereto stipulate and agree that the EPA is requiring the sampling, monitoring and analyzation (hereinafter "analysis ") of a total of ten (10) outfalls County -wide as a requirement of the joint NPDES permit application. The parties hereby agree that the cost attributable to analysis of five (5) of the ten (10) outfalls shall be the joint responsibility of all participating municipalities,, and the cost attributable to analysis- of the remaining five (5) outfalls shall be the responsibility of the COUNTY, as set forth in this Agreement. The ten (10) outfalls designated for analysis are indicated in Attachment "B" Section IV COUNTY•s Obligations Analysis of Outfalls The COUNTY shall monitor, sample and analyze the ten ( designated outfalls in compliance with EPA NPDES permit application requirements. Permits The COUNTY shall obtain all applicable federal, state. and local permits and approvals (with the exception of CITY permits and approvals, if any,, which shall be obtained by the CITY) Which are required in order to conduct the analysis of the ten (10) designated outfalls. Report The COUNTY shall provide the CITY with a report which shall set forth the CITY's portion of the NPDES permit application and the results of the analysis of the ten (10) designated outfalls. Notice of DERM Meeting(s) The COUNTY shall provide the CITY with oral or written notice of all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES permit application. 2 Section v CITY's Obligations Provision Of Outfall Information Within ten (10) days of execution of this Agreements, the -CITY shall provide the COUNTY with a list of all outfalls located within the jurisdiction of the CITY discharging to Waters of the United States, of the State of Florida, Of Dade County, and of any municipality within Dade County, as applicable. This list shall be an update of the COUNTY's list submitted on June 21, 1991, at the NPDES WORKSHOP (a copy of which is available from the Director of DERM), and shall be submitted in such format as is designated by the COUNTY. The CITY agrees to provide the COUNTY with outfall update information as promptly as such changes occur, in order that the data maintained by the COUNTY may be accurate and current. "Alu&L, UL %_UUM"rX Z_qj!merit The CITY shall take reas nable steps to prevent theft or—vandalism of COUNTY equipment located within the CITY's jurisdiction (indicated on the map attached hereto as Exhibit "C"). The CITY acknowledges that such equipment may be placed within the CITY's area of jurisdiction for extended periods of time, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement. Compensation Within ten (10) days from the date of execution of this Agreement, the CITY shall make a lump-sum payment to the COUNTY of its pro rata share of the payment due to the COUNTY for analysis of the five (5) outfalls which are the CITY's financiallobligation pursuant to this: Agreement. The sum due shall be determined by dividing the total: for analysis of the five (5) olutfalls i(which is $250A'00!)by;the total number Of NPDES application municipal co-per== I mitteosi. Failure to pay the agre6d-upon lump sum payment shall be default by the CITY pursuant to this Agreement, and 'shall l : all result in a' rey:rsion of the CITY's NPDES, permit application status to : Permit applicant. As of November 15" 1991, nineteen (19)l cities ii lave indicated their participation aillco-permittees in the NPDES Final Rule process. Therefore, based l on these 'I commitments, n1ro !rata share!should Ommi tment s th be approximately $13,157-89. Notwithil I;, tandin—gl'tEh—eappa rent: cities NPDES co,�permitte participation, the final ipjo�rata share 'Will be estao ' Iiihed upon! the execution of simiialir'lihterlocal agreements by all the 0'articipating m unidipalities. Hold Harmless The CITY shall hold harmless the COUNTY from any and all damages or other liability incurred by the CITY by virtue of any action which might be taken by EPA against the CITY based: upon the results: s I obtained during the sampling and reporting et forth by the Part 2::EPA NPDES Final Rule process. 3 M Access /City Permits The CITY shall provide the COUNTY with reasonable access at all times as necessary to accomplish the analysis of any one of ten (10) outfalls which may be located within the CITY's jurisdiction. The CITY shall obtain any CITY permits and CITY regulatory approvals required in order for the COUNTY to accomplish the analysis of any one of ten (10) outfalls which may be located within the CITY's jurisdiction. Section vI County Event of Default Without limitation, the failure by the COUNTY to substantially fulfill any of it's material obligations in accordance with this Agreement, unless excuses are justified by Force Majeure, shall constitute a "COUNTY event of default ". If a COUNTY event of default should occur, the CITY shall have all of the following rights and remedies which it may exercise singly or in combination: 1. the right to declare that this Agreement together with all rights granted to COUNTY hereunder are terminated, effective upon such date as is designated by the CITY; 2. any and all rights provided under federal laws and the Taws of the State of Florida. Section VII City Event of Default In addition to the provision set forth in Section vi, Compensation, and without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless excuses are justified by Force Majeure, shall constitute -a "CITY event of default ". If a CITY event of default should occur, the COUNTY shall have all of the following rights and remedies which it may exercise singly or in combination: 1. the right to declare that this Agreement together with all rights granted to CITY hereunder are terminated, effective upon such date as is designated by the COUNTY; 2. any and all rights provided under federal laws and the laws of the State of Florida. 4 Section VIII General Provisions Authorization to Represent CITY in NPDES Permit Application The CITY hereby authorizes the COUNTY to act on its behalf with respect to the outfall sampling portion of the NPDES permit application, and shall comply with all requirements imposed by EPA with respect thereto as a condition of the NPDES permit application. Attendance at DERM Permit :A pplication Review Meetings The CITY may, but is not required to, attend any or all regular meetings held- by DERM staff for the purpose of reviewing the status of the NPDES permit application. Termination Either party may terminate this Agreement without cause by providing sixty (60) days prior written notice of intent to terminate to the other party. The CITY shall be entitled to reimbursement of monies paid to the - COUNTY -only in the event of termination for cause by the CITY, or termination without cause by the COUNTY, and the CITY shall then be entitled to such reimbursement only to the extent that services providing information 'useful ` to the CITY's;NPDES permit application have not been rendered by the COUNTY. Upon termination by either party, the CITY's NPDES permit application status shall revert to Individual Permit applicant.. Entire Agreement; Prior Agreements Superseded; Amendment to Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there- are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. it is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect,' and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representa trims, Headings Captions ease of {reference only Agreement; and shall not any provisions herein. and headings in this Agreement are and do not constitute a part of affect the meaning or interpretation M for this of Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows: To County: Dade County Department of Environmental Resources Management _111 N.W. First Street, Suite 1310 Miami, Florida 33128 Attn: Department Director 305/375 -3376 To City: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attn: City Manager 305/663 -6338 Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement.I Time'is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be kept and performed pursuant to this Agreement. Governing Law This Agreement shall be governed by and construed' in accordance with the laws of the State of Florida. The COUNTY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement:, Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Dade County, Florida, for in the United States District Court for the Southern District of ''Florida, in Dade County, Florida. ` Invalidity of Provisions The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. IN WITNESS WHEREOF, Metropolitan Dade County, Florida, has caused this Agreement to be executed in its name by the County Manager or his designee, attested `by''the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and the City of South Miami , Florida has caused this Agreement to be executed in its name by the City Manager or his designee,, attested by the Clerk of the City Council and has caused the seal of the Council to be hereto attached, all on the day and year first written above Richard P. Brinker, Clerk of the Board By: t Clert of the Boar Clerk of the City 14 M", APPROVED AS TO FORM AND LEGAL SUFFICIENCY METROPOLITAN DADE COUNTY, FLORLDA, D OF COUNTY NERS &&Lest: o "F Tounty Manager ••'•.rr CITY of South Miami . FLORIDA BY ITS COUNCIL Attest: By: 7/* Assistant County Attorney 7 M E M O R A N D U M Agenda Item No. 5(e)(46) TO: Honorable Mayor and Members Board of County; Commissioners FROM: n Avino, P.E., P.L.S. iulny Ma nager r RECOMMENDATION: DATE: January 21, 1992 SUBJECT: Resolution Approving an Interlocal Agreement with City of South Miami. It is recommended that the Board approve the attached resolution which authorizes the execution of an Interlocal Agreement with the City of South Miami, for Stormwater Water quality - Monitoring Services Associated with the Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) permit application requirements. The EPA assigned various municipalities certain Stormwater Water Ouality Monitoring requirements which the County through DERM will perform and which cost would be shared by the affected municipalities. BACKGROUND: The EPA National Pollutant Discharge Elimination System (NPDES) permit regulations for stormwater discharges became effective on November 16, 1990. The EPA, by letter :of February 1, 1991, informed DERM that the unincorporated areas and all the municipalities will have to obtain NPDES permits for their municipal storm sewer systems. The EPA has designated unincorporated Dade County as the lead applicant with the municipalities as co-applicants. Their intent is to look at stormwater county -wide in an integrated and comprehensive manner. The EPA NPDES application requirements mandate that extensive stormwater water quality monitoring be undertaken by each applicant. This monitoring if strictly applied by EPA to each municipality would result in a cumulative cost of as much as $7,000,000. However, DERM was able to negotiate with EPA a more reasonable and adequate Countywide stormwater monitoring plan that would only cost $260,000 and which would be cost shared by as many as 17 municipalities and the Florida Department of Transportation District VI, (FDOT). The proposed Interlocal Agreement outlines the monitoring cost, sharing' procedure and allows the transfer of funds from the municipality to DERM for the accomplishment of the work. It is therefore recommended that the Board approve the subject Interlocal Agreement to facilitate the NPDES permit application process for stormwater discharges. Attachment m RESOLUTION NO. Agenda Item No. 5(e)(46) 1 -21 -92 R -74 -92 RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE 'CITY ''°OF SOUTH MIAMI FOR PROFESSIONAL SERVICES TO BE PROVIDED BY DERM IN COMPLIANCE WITH THE EPA'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM; AUTHORIZING THE COUNTY MANAGER TO EXECUTE THE AGREEMENT; AND AUTHORIZING THE COUNTY MANAGER TO EXERCISE THE TERMINATION PROVISION THEREIN SV, FEB 03 CITY MANAGER'S OffiuE WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board hereby approves the Interlocal,Agreement with the City of South Miami in substantially the form attached hereto, and authorizes the County Manager to execute same for and on behalf of Dade County, and to exercise the termination provision therein. The foregoing resolution was offered by Commissioner Mary Collins , who moved its adoption. The motion was seconded by Commissioner Alexander Penelas and upon being put to a vote, the vote was as follows: Q Mary Collins Charles Dusseau Joseph M. Gersten Larry Hawkins Alexander Penelas Harvey Ruvin Arthur E. Teele, Jr Sherman S. Winn Stephen P. Clark Agenda Item No. 5(e)(46) Page No. 2 aye aye absent aye aye absent aye aye absent The Mayor thereupon declared the resolution duly passed and adopted this 21st day of January, 1992. 66 9400*640, ••.•G0��1M1SS� , DADE COUNTY, FLORIDA •�. OF O : BY ITS BOARD OF :k O�Y oo COUNTY COMMISSIONERS =0 o.O '�[ O R0° 07 MARSHALL ADER , CLERK .'•J * # • Approved by County Attorney as By:R,AYMOND REED to form and legal sufficiency. Deputy Clerk INTERLOCAL AGREEMENT FOR PERFORMANCE BY METROPOLITAN DADE COUNTY DEPARTMENT OF - ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH THE TWO -PART NPDES PERMIT APPLICATION BY THE CITY OF SOUTH MIAMI AND DERM This Interlocal Agreement ( "Agreement ") is made and entered into this day of , 1992, by and between Metropolitan Dade County, through its Department of Environmental Resources Management (DERM) [hereinafter sometimes referred to collectively as the "COUNTY "] and the City of South Miami, [hereinafter sometimes referred to as the "CITY "], in order that the City may be included as a co- permittee as provided under the Environmental Protection Agency [hereinafter "EPA "] National Pollutant Discharge Elimination System [hereinafter "NPDES "] Permit Application Regulations for Storm Water Discharges; Final Rule [hereinafter "NPDES Final Rule "], and that the professional services required to accomplish the tasks set forth in the NPDES Final Rule may be initiated on behalf of both the CITY and the COUNTY as co- permittees. Section I Definitions For purposes of this Agreement, the following terms shall apply:. Agreement shall mean this document, including any written amendments thereto, and other written documents or 'parts thereof which are expressly incorporated herein by reference. CITY shall mean City of South Miami, by and through its City Manager. COUNTY shall mean Metropolitan Dade County, by and through its Department of Environmental Resources Management ( "DERM "). FORCE MAJEURE shall mean an act of God, earthquake, ` fire, explosion, hurricane, flood o strike,' an act of a public enemy, or blockade, general arrest or restraint of government disturbance or similar occurrence, which has had expec-ed to have a material adverse effect obligations under this Agreement. epidemic, lightning, similar occurrence, insurrection, riot, and people, civil or may reasonably be on the rights or In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124- (Attachment •A "), incorporated herein by reference. Section II Term of Agreement The term of this Agreement -shall commence with the date of execution, and shall expire on November 16, 1993. Section III Scope of Work The parties hereto stipulate and agree that the EPA is requiring the sampling, monitoring and analyzation (hereinafter "analysis ") of a total of ten (10) outfalls County -wide as a requirement of the joint NPDES permit application. The parties hereby agree that the cost attributable to analysis of five (5) of the ten (10) outfalls shall be the joint responsibility of all participating municipalities, and the cost attributable to analysis of the remaining five (5) outfalls shall be the responsibility of the COUNTY, as set forth in this Agreement. The ten (10) outfalls designated for analysis are indicated in Attachment "B ". Section IV COUNTY's Obligations Analysis of Outfalls The COUNTY shall monitor, sample and analyze the ten (10) designated outfalls in compliance with EPA NPDES permit application requirements. Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the exception of CITY permits and approvals, if any, which shall be obtained by the CITY) which are required in order to conduct the analysis of the ten (10)` designated outfalls. Report The COUNTY shall provide the CITY with a report which shall set forth the CITY's portion of the NPDES permit application and the results of the analysis of the ten (10) designated outfalls. Notice of DERM'Meeting(s) The COUNTY shall provide the CITY with oral or written notice of all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES permit application. rE 5 Section V CITY's Obligations Provision of Outfall Information Within ten (10) days of execution of this Agreements, the CITY "shall provide the COUNTY with a list of all outfalls located within the jurisdiction of the CITY discharging to Waters of the 'United, States, of the State of Florida, of Dade County, and of any municipality within Dade County, as applicable. This• list shall be an update of the COUNTY's list _submitted on June 21, 1991;_ at the NPDES WORKSHOP (a copy of which is available from the Director of DERM), and shall be submitted in such format as is designated by the COUNTY. The CITY agrees to provide the COUNTY with outfall update information as promptly as such changes occur, in order that the data maintained by the COUNTY may be accurate and current. Prevention of Theft of COUNTY Equipment The CITY shall take reasonable steps to prevent theft or vandalism of COUNTY equipment located within the CITY's jurisdiction (indicated on the map attached hereto as Exhibit "C "). The CITY acknowledges that such equipment may be placed within the CITY's area of jurisdiction for extended periods of time -, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement. Compensation Within ten (10) days from the date; of execution of this Agreement, the CITY shall make a lump -sum payment to the COUNTY of its pro rata share of the payment due to the COUNTY for analysis of the five (5) outfalls which are the CITY's financial obligation pursuant to this Agreement. The sum due shall be determined by dividing the total cost for analysis of the five (5) outfalls (which is $250,000) by the total number of NPDES application municipal co- permittees. Failure to',pay' the agreed -upon lump sum payment shall be default by the CITY pursuant to this Agreement, and shall result in a reversion of the CITY's NPDES permit application status to Individual 'lPermit applicant. As of November 15, 1991, nineteen (19) cities have indicated their participation as co- p,ermittees in the NPDES.Fi'nal Rule process. Therefore, based on he! e commitments, the PrO rata share should be approximately $13,157.89.- Notwithstanding he, apparent cities NPDES co- permittee :participation, the final ,pro iralta share will Abe established upon the execution of similar Int,erllocal agreement's by all the participating Municipalities: Hold Harmless The CITY shall hold harmless the COUNTY from any and all damages or other liability incurred by the CITY by virtue of any action which might be taken by EPA against the CITY based upon the results obtained during the sampling and reporting set 1forth by the Part 2 ,EPA 'NPDES Final Rule process.' 3 R Access /City Permits The CITY shall provide the COUNTY with reasonable access at all times as _necessary to accomplish the analysis of any one of ten (10) outfalls which may be located within the CITY's jurisdiction. The CITY shall obtain any CITY permits and CITY regulatory ,approvals required in order for the COUNTY to accomplish the analysis of any one of ten (10) outfalls which may be located within the CITY's jurisdiction. Section VI County Event of Default Without limitation, the failure by the COUNTY to substantially fulfill any of it's material obligations in accordance with this Agreement, unless excuses are justified by Force Majeure, shall constitute a 'COUNTY event of defaulto. If a COUNTY event of default should occur, the CITY shall have all of the following rights and remedies which it may exercise singly or in combination: 1. the right to declare that this Agreement together with all rights granted to COUNTY hereunder are terminated, effective upon such date as is designated by the CITY; 2. any and all right's provided under federal laws and the laws of the State of Florida. Section VII City Event of Default In' addition to the provision set forth in Section VI, Compensation, and without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless excuses are justified by Force Majeure, shall constitute a'"CITY event of default ". If a CITY event of default should occur, the COUNTY shall have all of the following rights and remedies which it may exercise singly or in combination: 1. the right to declare that this Agreement together with all rights granted to CITY hereunder are terminated, effective upon such date as is designated by the COUNTY; 2. any and all rights provided under federal laws and the laws of the State of Florida. 4 7 Section VIII General Provisions Authorization to Reoresent CITY in NPDES Permit Acclication The CITY hereby authorizes the COUNTY to act on its behalf with respect to the outfall sampling portion of the NPOES permit application, and shall comply with all requirements imposed by EPA with respect thereto as a condition of the NPDES permit application. Attendance at DERM Permit Application Review Meetings The CITY may, but is not required to, attend any or all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES permit application. Termination Either party may terminate this Agreement without cause by providing sixty (60) days prior written notice of intent to terminate to the other party. The CITY shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination for cause by the CITY, or termination without cause by the COUNTY, and the CITY shall then be entitled to such reimbursement only to the extent that services providing information useful to the CITY's NPDES permit application have not been rendered by the COUNTY. Upon termination by either party, the CITY's NPDES permit application status shall revert to Individual Permit applicant. Entire Agreement; ;Prior Agreements Superseded; Amendment to Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the ,subject matter of this Agreement that are not contained- in,this'Agreement, and that this Agreement, contains the entire agreement between the parties as to matters contained herein. Accordingly; it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations' or agreements, whether oral or written. It is further agreed that any,oral representations or modifications concerning this Agreement shallibe of no force or effect, and that this Agreemen',t' may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives. Headings Captions and headings in this Agreement are for ease' of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 5 11 Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows: To County: Dade County Department of Environmental Resources Management 111 N.W. First Street, Suite 1310 Miami, Florida 33128 Attn: Department Director 305/375 -3376 To City: City of South Miami 6130 Sunset Drive South Miami Florida 33143 Attn: City Manager 306/663 -6338 Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement.' Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be kept and performed pursuant to this Agreement. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The 'COUNTY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Dade County, Florida. 6 IF Invalidity of Provisions The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the- - validity of the remaining-portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a -later time, or of any other right under this Agreement. IN WITNESS WHEREOF, Metropolitan Dade County, Florida, has caused this Agreement to be executed in its name by the County Manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and the City of South Miami Florida has caused this Agreement to be executed in its name by the City Manager or his designee, attested by the Clerk of the City Council and has caused the seal of the Council to be hereto attached, all on the day and year first written above. Richard P. Brinker, METROPOLITAN DADE COUNTY, Clerk of the Board FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Attest: By: By: Clerk of the Board County Manager CITY of South Miami , FLORIDA Clerk of the City BY ITS COUNCIL Attest:i R By ei, a B Clerk ity an APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 771 "/ Assistant County Attorney 7 r STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I, MARSHALL ADER, Clerk of the Circuit Court in and for Dade County, Florida, and Ex- Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. R-74 -92 adopted by the said Board of County Commissioners at its meeting held on Jmmry 21 , 19 92 IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 27th day of Janua l , A. D. 19 92 MARSHALL ADER. Clerk Board of County Commissioners Dade County, Florida 9/ O• Q' V , r n CO • • S)N .• • ••00...60 *6 Board of County Commissioners Dade County, Florida 102.01$ Rev. 12190 ••, 1 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE TO A PROPOSAL OF NORTON ENGINEERING' CONTRACTORS, INC., IN CONJUNCTION WITH JMO, INC., AS THE LOWEST QUALIFIED BIDDERS, FOR A SUM NOT TO EXCEED' $27,848.00 FOR LATERAL SEWER EXTENSION AND ABANDONING OF SEPTIC 'TANKS AT THE CITY'S PUBLIC WORKS SITE AND PROVIDING FOR DISBURSEMENT FROM PUBLIC WORKS ACCOUNT NO. 05- 1310 -6210: "REVOLVING TRUST FUND - SEWER IMPROVEMENTS ". WHEREAS, the City Commission of the City of South Miami has previously decided to commence the modernization and construction of the City's _Public Works site; and WHEREAS, pursuant thereto, the City Administration requested bids for lateral sewer extension and abandoning of septic tanks at the City's Public Works site; and WHEREAS, the lowest qualified bidder was Norton Engineering Contractors, Inc., in conjunction with JMO, Inc., with a total bid of $27,848.00; and WHEREAS, the City Administration recommends proceeding to implement the sewer extension by entering into a contract with Norton Engineering Contractors, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager be, and hereby is, author- ized to execute an acceptance of the attached proposal from Norton Engineering Contractors, Inc. in conjunction with JM01 inc., for a total sum not to exceed $27,848.00 for the lateral sewer extension and abandoning of septic tanks at the City's Public Works site. Section 2. That the disbursement be charged to Public Works Account No. 05- 1310 -6120: "Revolving Trust Fund - Sewer Improvements ". i i PASSED AND ADOPTED this th day of March, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY G".1 0 'NORTON ENGINEERING CONTRACTORS, INC. 6000 NORTHWEST 77TH COURT MIAMI, FLORIDA 33166 (305) 5910677 FAX (305) 592 9485 PROPOSAL Date: December 9, 1991 SUBMITTED TO: CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 JOB SITE: MAINTENANCE FACILITY We hereby submit specifications and estimates for the following category of items listed below; SEWER: 8" D.I. POLY SEWER @ 28.00 8X4 DOUBLE WYE @ 700.00 ea CORE EXISTING MANHOLE @ 500.00 MANHOLES @ 1,100.00 ea STREET CUT AND REPAIR @ 3,000.00 SURVEY AND AS- BUILT @ 2,000.00 ALTERNATE No.1 SDR 25 (C- 900) P.V.C. ALTERNATE No.2 SDR 35 R.V.C. At 12,348.00 1,400.00 500.00 3,300.00 3,000.00 2,000 00 TOTAL $ 22,548.00 ✓ $ 20,430.00 $ 17,628.80 ro .NORTON ENGINEERING CONTRACTORS, INC. 6000 NORTHWEST 77TH COURT MIAMI, FLORIDA 33166 (305) 591 -0677 PAYMENTS TO BE M AUTHORIZED SIGNA ALL MATERIAL IS GUARENTEED TO BE AS SPECIFIED. ALL WORK TO COMPLETED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES. ALL MATERIALS REMAIN PROPERTY OF NORTON ENGINEERING CONTRACTORS, INC. UNTIL FINAL PAYMENT IS RECIEVED AND FINAL IS GIVEN. ANY ALTERATIONS OR DEVIATIONS FROM ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS WILL EXECUTED ONLY UPON WRITTEN ORDERS AND WILL BECOME EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. ALL AGREEMENTS CONTENGENT UPON STRIKES, ACCIDENTS, OR DELAYS BEYOND OUR CONTROL. OWNER TO CARRY FIRE, TORNADO AND OTHER NECESSARY INSURANCE. ACCEPTANCE FOR PROPOSAL THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED, YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENTS WILL BE MADE AS OUTLINED ABOVE. SIGNATURE: DATE OF ACCEPTANCE Ivi - sr�t`HOtc�t►o�M aee PROPOSAL.:,? JMO, INC. 28260 S.W. 158 Ave. Homestead, Fla. 33033 246 -2755 PROPOSAL SUBMITTED TO: NAME: City of South Miami STREET: 6130 Sunset Drive CITY: South Miami STATE: Fla. 33143 PHONE JOB NAME: Page No. o{ Dages DATE: Jan 11 ,1992 STREET: 4795 S.W. 75 Avenue CITY: Miami We hereby submit specifications and estimates for: Proposal to Abandon 2 Septic Tanks Connect 2 Sewers to New Sewer Lines Maintain Proper Permits And Inspections Install PVC Sewer Pipe from Lateral to Bldg. Apprx: 190' STATE: Fla . For the Sum of $ 5300.00 ✓ We hereby propose to furnish labor and materials — complete in accordance with the above specifications, for the sum of: Five Thousand Three Hundred Dollars 5300,00 dollars ii with payment to be made as follows: To Be Determined Upon Approval All material is guaranteed to be as specified All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control This proposal subiect to acceptance within 30 days and is void thereafter at the option of the undersigned. June Ogden Authorized Sign ACGEPTAN OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Paymenl will be made as outlined above. ACCEPTED: Signature - - -. -- - - -.._ - -- — - -- — Date_____ -- Signature__.. 91 0 Dr.MKT & LALVIN, INC. 15579 N.W. 151 Street, Suite 206 MIAMI LAKES, FLORIDA 33014 (305) 364-0478 TO /i�3. �r� /R GArrIQ > WE ARE SENDING YOU oo o Attached O Under separate cover via the following items: CO Shop drawings Print: O Plans. O Samples p O Copy of letter O Change order Specifications LEEMEM 0IF MUSA U IL - ..... ..v w11vurmu Delow: .approval 13 Approved as submitted t� For your use O Resubmit copies for approval O�F O Approved as noted O Submit__cOpies for distribution O As ngwated O Returned for corrections O Return ,O For review.and comment O corrected Pints O FOR BIDS DUE 19 O / PRINTS RETURNED AFTER LOAN TO US REMARKS 1&4 � !'JO/iG G I .Scrvl� r�pn ii' fxcess� (dip- 01 ills oars F1o�corrsr o � MD�.U.95,9. z DE2m uJ�lsi9usrc T/JG sse•,vc. --��5 ceosia/crc� s2� GX is�oh , ZT a Vzej, v- .4 9i.- -- , ' T •c. tom Cep•' �.s.�. �c 7-Ke Via/ —�'- 'T , /um• ' Or rA COPY TO SIGNED: ' ROtIRtt+H ®4•a+.r,.oui. R enoloounN are not as noted, kindly notify us at ;I I PROPOSAL -TAKE OFF ALLIED ENGINEERING CORP. 7875 NW 15 ST MIAMI FL 33126 305 4770250 SUB -NAME MAINTANENCE FACILITY ADDRESS 75 AVE. SW. & 47 ST. OWNER CITY OF SOUTH MIAMI ADDRESS ING -ARCH BERRY & CALVIN I'NC NO. 91 -126 CONT # 1121 QUANTITY UNIT DESCRIPTION SEWER SYSTEM 441 FT 8 IN CL -52 DIP POLY 4 -6 4 EA 8X4 IN MJ C -110 WYE LINED 250 FT 4 IN CL -53 DIP POLY 4 -6 3 EA 4 FT DIA MANHOLE 310A 4 -6 1 EA SERVICE DIP SHALOW 1 EA SERVICE MANHOLE`SHALOW 1 EA CONNECTION TO EXISTING MANHOLE 140 SF RE -PATCH TOTAL. CONTRACT. $24,246.57 P R O P O S A L #91 -94 Taster Excavators, Inc 1 of 1 Excavating & Engineering 2/04/91 Water, Sewer. � Contractors Paving & Drainage 13812 SW 144 Ave Rd, Miami, FL 33186 Tel #: (305) 238 -0119 Fax #: (305) 251 -8301 City of S Miami /Sonia Lama 6130 Sunset Dr, City of S Miami Mnt Facility Miami, FL Sanitary Sewer 33143 4795 SW 75 Ave Tel #: 667 -5691 x5405 /Pam Miami, FL Fax #: 663 -6353 We hereby propose to furnish and install: SANITARY $ RXTRLUM 441 ft 8" DIP polylined/ 3 MH/ 262 ft 4 DI laterals/ 2 8 x 4 double wyes/ 5 degree service 4 cleanouts/ Pavement restoration/ Concrete restoration/ 6 x 6 concrete slab around MH3/ 6 aton/ lot over top of trench/ Asbuilts & certifications. in Parking All work to be done as ns. Calvin, Inc. civil engineers pand Vin accordance nwit Dade & County Public Works & Miami Dade Water & Sewer. with Dade All material is guaranteed to be as specified and the above specifications submitted and will be completed in an6a and tial workmanlike manner for the sum of: c substan- TWENTY SEEN THOUSAND FOUR HUNDRED EIGHT (� 27,482.00) Y TWO 00 /100 Any alteration or deviation from above specifications ving extra costa, will be :executed only u and will become an extra charge over Upon rit dens- All agreements'conti I'On written orders agent upon strikes, ac identseorsdelays� are beyond our control. Owner to carry Worker's and Public Liability insurance on above w Compensation by Master Excavators, work to be taken out drawn by u9 if not accepted NOTE: (his Proposal may be with- by days. The above price, tory and are her, authorized to do Accepted_ Date Al specifications and conditions are satisfac- aby accepted. Master Excavators, Inc is the work as specified.. Signature Signature 0 FLORIDA UTILITIES INC. WATER - SEWER - PUMP STATIONS & MAINTENANCE 6433 West 8th Lane Hialeah, Florida 33012 PROPOSAL CONTRACT December 1'6, 1991 City of South Miami Job Name: City of South Miami - Maintenance Facility. Engineer: Berry & Calvin Inc.. Plans Date: Nov. 19, 1991 (305) 557 -3094 Lic. No. CC E - 685 We hereby propose to furnish all the materials and perform all the labor necessary for the completion of 8" D.I.P. class 50 polylined. 4" D.I.P. class 52 cement lined. Manhole. Connect to existing manhole #39. 8 x 4 M.J. C.1, double wye. Plug and abandon 4" lateral. Locate and connect 4" lateral. 441 L.F. @$ 41.00 $18,081.00 160 L.F. @ 16.00 21560.00 3 ea. @1,500.00 4,500.00 1 ea. @1,500.00 1,500.00 2 ea. @ 750.00 1,500.00 2 ea. @ 500.00 1,000.00 l ea. @ 500.00 500.00 $29,641.00 All material is guaranteed to be as specified and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of $29,641.00 dollars. With payment to be made as follow: Payment of materials to be paid upon arrival at job -site and Balane to be paid upon completion. Any alteration or deviation:'from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Acceptance of Proposal: The ab are satisfactory and are hereby work as specified. Payment will *This proposal may be withdrawn Res tfully ed .ZOO,, 7� Hector Paredes Vice - President $L1 gyve prices, specifications and conditions accepted. You are authorized to do the be made as outlined above. by us if not accepted within 30 days. Accepted By: Signature: Date: 601 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MIAMI -DADE WATER AND SEWER AUTHORITY DEPARTMENT FOR THE INSTALLATION OF SEWERS ADJACENT TO THE CITY OF SOUTH MIAMI PUBLIC WORKS FACILITY; AUTHORIZING; DISBURSAL OF $2,259.00 REPRESENT- ING PAYMENT OF THE SEWER CONNECTION CHARGE CHARGING THE DISAURSAL TO ACCOUNT NO.` 05- 1310 -6210 "REVOLVING TRUST FUND - SEWER IMPROVEMENT ". WHEREAS, the City Commission has heretofore been advised by the City Administration that sewer services will be installed in S. W. 75th Avenue abutting the western boundary of the City of South Miami Public Works Facility; and WHEREAS, the Miami--Dade Water and Sewer Authority Depart- ment has now tendered a proposed Sewer Agreement for the City's Public Works Facility, a copy of which is attached hereto; and WHEREAS, the Mayor and City Commission therefore wish to provide for the implementation of the installation of sewers adjacent to the City Public Works Facility; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager be. and hereby is author- ized to execute the attached Sewer Agreement for the City of South Miami Public Works Facility with the Miami -Dade Water and Sewer Authority Department. Section 2. That the City Administration be, and hereby is, authorized to disburse the sum of $2,259.00 to the Miami -Dade Sewer and Water Authority Department representing payment of the sever connection charges. Section 3. That the disbursement be charged to account no. 05- 1310 - 6210, "Revolving Trust Fund - Sewers Improvement ". PASSED AND ADOPTED this th day of March, 1992. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 2 MIAMI -DADE WATER AND SEWER AUTHORITY DEPARTMENT P. O. BOX 33031.6 Main Office MIAMI. FLORIDA 33233 -0316 �� �. LeJeune F e eonone 665 December 16, 1991 William F. Hampton, City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Sewer Agreement for "City of South Miami Public Works Facility ". Dear Mr. Hampton: We are pleased to enclose two (2) copies of the sewer Agreement for City of South Miami Public Works Facility. The County Is. offer of those terms and conditions contained in the Agreement shall expire sixty (60) days from the date of this letter. If the Agreement is satisfactory, please have all copies executed and returned to us along with an opinion of .title, confirming property ownership, and a check in the amount of $2,259.00 representing payment of the sewer connection charge. The Agreement shall not be binding upon either party until executed by the Department on behalf of the County. When executed by the Department, we will forward one (1) fully executed copy for your files. If you should have any questions regarding this matter, please contact me. Very truly yours, Tomas R. G icouria utiliti Development New Business Manager TRG /ch enclosures 2 t %upt 4� -. D ;DEC �, I�NAGER_'S OFFICE '' *NOTE: The opinion must cover the time period to within 30 days prior to submittal of signed water and sewer agreements or an assignment of an agreement. FOR VAp.RANTY DEEDS, EASEMENTS, COVENANTS AND UNITIES OF TITLE, THE OPINION MUST COVER THE TIM& PERIOD THROUGH THE DATE OF EXECUTION OF THE DEED`, EASEMENT, COVENANT OR UNITY. If the property owner is an N.V. corporation, the opinion must state that the person signing the agreement - or legal document has the legal power and authority to sign on behalf of and bind the corporation. METROPOLITAN DADE COUNTY MIAMI -DARE WATER AND SEWER AUTHORITY DEPARTMENT OPINION OF TITLE To: DADE COUNTY, a political subdivision of the State of Florida. With the understanding that this opinion of title is furnished to DADE COUNTY, FLORIDA, as an inducement for execution of the water and sewer service_ agreement or assignment of an agreement covering the real property hereinafter described or for acceptance of a warranty deed, easement, covenant or unity of title, as applicable, it .is hereby certified that .1 (we) have examined the complete Abstract of Title or Title Policy Number _ ni- Aq -1F5`R , issued, by ATTORNEY S'TTTLE TNSTTRANCF FTTNn, TNC i dated JANUARY 28, 1992 and the following: FEBRUARY 23, 1968 AT 8:00 AM covering the period from M31e G to JANUARY 28, 19 9 2 A.D. 19 , at 5:00 PM inclusive, of the following described real property: (Legal description as it appears in agreement or legal document) SEE ATTACHED EXHIBIT "A" Basing my (our) opinion on said complete abstract or title policy covering said period I (we) am (are) of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: CITY OF SOUTH MIAMI, . FLORIDA, A FLORIDA MUNICIPAL CORPORATION Subject to the following liens, encumbrances., and other exceptions: GENERAL EXCEPTIONS 1. All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid. 2. Rights of persons other than -the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS GRANT OF EASEMENT FROM CITY OF SOUTH MIAMI TO FIRST PRIMA INDUSTRIAL CORPORATION FOR WATER AND SE-FR INSTALLATION AND MAINTENANCE RECORDED APRIL 9, 1967 IN OFFICIAL RECORDS, BOOK 13239 1 PAGE 969 OF Tfif'PUBLIC RECORDS OF DADE COUNTY, FLORIDA. None of the exceptions listed above will restrict the use of the property for the pur poses set forth in the water and sewer agreement, assignments, warranty deed,, easement, covenant or unity of title, as applicable. 1,, the undersigned, further certify that I am- an attorney-at-law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. • Respectfully submitted this j,.4 day of FEBRUARY 199_ 2 SIGNATURr- MARTIN DAVID BERG PRINTED NAME 19 WEST FLAGLER STREET, SUITE 802 ADDJMS MIAMI, FLORIDA 33130 PRONE NMtBZR (305) 371-1631 EXHIBIT "A THAT PROPERTY DESCRIBED AS; The Southeast 1/4 of the - Southwest '1 /4 of the Northwest 1/4 nt Section 23, Township 54 South. Range 40 East, -LESSr the Southh 474.97 feet thereof, and USS: the East and West 25 'feet tnrrrj,t, ail lying and being in Dade County, Florida; AND: A portion of the Northwest 1/4 of 'Section 23, Township 54 South, Range 40 Last, and amore particularly described as follows. Commence at the Southwest corner of the Uat 1/2 of the Southwest 1/4 of the Northwest 114 of said Section 23; thence 'rue south 80o 35'06" East, along the South, line of the Northwest 114 of said section 23, (vi a distance of 25 feet to the Point et 6"imir4i thee• run North Oo 43'1S" -tart parallel to the West Its@ of the Last 1/2 of the Southwest 1/4 of the Northwest 1/4 of said Section 23 fog a distance of 474.97 feet; thence run South 810 33'Or Beat, parallel to th• South line of the Northwest 1/4 of $614 Section 23 for a distance of 619.47 feet to a Point, Said Point lying 25 feet West of the East lire of the Southwest 1/4 of the Northwest 114 of said Section 23; these* run south l0e 27'29" last for a distance of 277.50 feet to a point; said point lying on the Northwesterly right- ef•ray line of the Seaboard Airline Railroad; thence roe South 450 35111" West along the Northwesterly right-of-way line of the seaboard Airline tailroad, for a dtatanse of 287.18 feet to 4* point of intersection with the South itne of the Northwest 1/4 of said section 23. thserea sr brU- "0 35101" Vest along the South Its@ of the Nerthuast 1/4 of said Section 23 for a distance of 470.67 foot to the point of beginning; lying and being is Dodo County. Florida. LESS THAT PROPERTY DESCRIBED AS; A portion of the Northwest t of Section 23, Township 54 South, Range 400 East and more particularly described as follows. Cosaence at the Southwest corner_cf the East k of the Southwest k of the Northwest t of said Section 23; thence run South 89 degrees 35 mi.nutcs •08 seconds East, along the South line of the Northwest k or said Section 23, for distance of 25 feet; thence run North 0 de roes 43 minutes 15 seconds East parallel to the West line of -the East j!- of the Southwest k'of the Northwest k of said Section 23 for a distance of 259.00 feet to the Point of Beginning; = thence Continue,. North G degrees 43 minutes 15 seconds East &Long -the last describad course for a distance of 430.325 feet; thence run South. 89 degrees 30 minutes 30 seconds East, along the North line of the Southeast k of the Southwest k of the Northwst k of said Soctlon 23 for a distance of 615.03 feet thence the'next two described courses being coincident with the Westerly right- of- way-of SW. 74th Ave'. Our'. Official Record Book 4495 at Page 138, of Public Records of Dade Count Florida; thence -S.0- 35'03 "E for.213.47 Fr;thence run South-10 degrees 27 minutes 29 seconds East for a_ distance of 200.00 feet; thence North', 89 35108" West for a distance of 222.44 feet; thence South G degrees 24 minutes 52 seconds West at right angle to the last and next described course for a distance of 40.0G feet; thence North 89'degrees 35.minuta3 C9 seconds West for a distance of 223.98 fact; thence North 0 degrees 24 minutes 52 seconds East_,... at right angla to the last and next described course for 20.16.faet; thence North -89 degrees 35 minutes 08 seconds West for a distance_ of 211.35 feat to the Point of 5E31nning lyin -v and haing in.«ade County, Florida, and c,- ntainina 5.2 acres more or less. I MIAMI -DADE WATER AND SEWER AUTHORITY DEPARTMENT December 16, 1991 P. O. BOX 330316 MIAMI. FLORIDA' 33233 -0316 William F. Hampton, City Mnager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Sewer Agreement for City Facility. Dear Mr. Hampton: Of South Miami Public Main Office 3575 S. Leieune Road eleonone 665 -7471 Works As the City, you have requested that Metropolitan Dade County (County), through its Miami -Dade Water and Sewer Authority Department (Department), provide sewer service for the property described on Exhibits "A" and "A -1N attached hereto. The County owns and operates an eight (8) inch gravity sewer main located in S.W. 75th Avenue abutting the western boundary of the City's property from which the City can install a sewer lateral to serve the referenced property provided that there is enough depth and that there are no obstacles along the route of the gravity sewer extension which would preclude the construction of such sewers. This information will have to be provided by the City's consulting engineer. Other points of connection may be established upon review of the consulting engineer's proposed design. The Department is willing to furnish service provided that the City satisfies all of the conditions listed below: 1. With the acknowledgement of this letter, the City shall furnish the County an opinion of title which states that the City hold fee simple title to the subject property. 2. The sewer facilities shall be designed by an engineer hired by the City. Construction drawings shall be prepared by the engineer in accordance with the Department's General Standards. 3. Installation of the sewer facilities shall be performed by a contractor licensed to construct pipelines in Dade 'County. William F. Hampton, City Manager City of South Miami "City of South Miami Public Works Facility" Page 2 of 2 4. The sewer installation shall be conveyed to the County at no cost to the County. 5. An actual cost breakdown for the installation of the sewer facilities shall be submitted by the City. 6. The City shall provide the Department with a copy of two (2) recorded plats if required and as-built mylar drawing which show facilities as located by a licensed surveyor. In addition, the City shall provide one (1) print which must be sealed by the engineer of record. 7. If the facilities or any portion thereof are installed within private property outside of public right-of-way, the facilities shall be installed in the center of a fifteen (15) foot wide easement for sewer facilities. If the facilities are 1:�not located in platted easements, then easements shall be granted to the County by the City. 8. The City, warrants that the sewer facilities to be owned by the Department shall be free from any and all defects in materials and workmanship. The City also warrants that it ii shall be solely responsible for the repair of any damages to said fac:ilitie s :1caused by persons in its employment. Said warranties shallil remain in full force and effect for a i period of one (1, year from the date of the final acceptance p'11,nt of those by the Departm repairs and/or replacements. Simultaneously,liNlith the conveyance of said sewer facilities, the City shall deliver '! to the Department an executed Maintenance Bond in the total amount of the actual cost of construction ofil'said facilities as follows: Types -of Facilities Gravity sewers The Maintenance Bond contractor as "Princip "Co-obligeesm or the alternative, the City�, Department as "Oblige 6 in force for one (1 acceptance by the Dep this Agreement to pr resulting from any and performance of that w substantial building c property at the time Percentage of Actual Prolect Cost 50 may be written with the City's al" and the City and the Department as Department as sole obligee. In the may be named as "Principal" and the The Maintenance Bond shall remain year following the date of final artment of the work done pursuant to otect the Department against losses all defects in materials or improper ork. In the event that there is not onstruction underway within the City's of conveyance, the Department shall William F. Hampton, City Manager City of South Miami "City of South Miami Public Works Facility" Page 3 of 3 have the right to require that the term of the Maintenance Bond be for an extended period not to exceed two (2) years. Upon demand by the Department, the City shall correct or cause to be corrected all such defects which are discovered within the warranty period or periods as set forth above, failing which the Department shall make such repairs and /or replacements of defective work and /or materials and the City and /or its Surety shall be liable to the Department for all costs arising therefrom. 9. Certain federal, state and county agencies, including but not limited to the State of Department of Transportation, the South Florida Water Management District and the U.S. Corps of Engineers may require that the County be named as permittee on necessary construction permits even though the City's contractor will actually perform the work. To insure that the County incurs no cost or liability as a result of being named as permittee, the City shall provide a bond or other security satisfactory to the County which shall indemnify and hold the County harmless from all claims, actions, judgements, liability, loss, cost and expense, including reasonable attorneys' fees related to work performed by the City. The bond or other, security shall be in an amount equal to the County's cost estimate' of the installation. 10. The City shall pay for all engineering and construction costs as outlined in this Agreement except as otherwise noted. The City shall pay a sewer connection charge for all those units to be connected on the City's property. The connection charge is based on the actual daily gallons per day ,multiplied by the applicable rate established by the Department. The City intends to connect existing buildings to the County's sewerage system. The agreed total average daily gallonage is one thousand twenty -seven (1,027) gallons. The sewer connection charge shall be calculated at the rate of two dollars and twenty cents ($2.20) per gallons, resulting] in a sewer' connection charge of two thousand two hundred fifty -nine dollars ($2,259.00). This amount shall be paid by the City to the Department with the execution of this Agreement. 11. In no event will the County be obligated to supply more water treatment facility capacity than is called for by the building construction schedule attached hereto and made a part hereof as Exhibit "B" 12. Once executed, work' on the project must commence within three hundred sixty -five (365) days from the execution date. ti F� William F. Hampton, City Manager City of South Miami "City of South Miami Public Works Facility" Page 4 of 4 Work shall be considered to have commenced and /or be in active progress when a full complement of workmen and equipment is present at the site to diligently incorporate materials and equipment into the permanent building of the sewer facilities throughout the day on each full working day, weather permitting. Once the City commences work on the property, work cannot be suspended, abandoned or not in active progress for a period exceeding three hundred sixty -five (365) consecutive days. For the purposes of this paragraph, a building shall be deemed to be under construction upon the pouring of its foundation. If the City fails to comply, then any obligations of the Department arising from this Agreement shall be deemed null, void and unenforceable. If voided, any monies paid to the Department: shall serve as a fund to reimburse the Department for all costs incurred. Any funds remaining after satisfaction of Department costs shall revert to the City. 13. The Department will render sewer service in accordance with the Department's Rules and Regulations currently in effect or as subsequently amended, subject to prohibitions, limitations or restriction of governmental agencies having jurisdiction over sewage disposal. If you have any questions concerning this matter, please feel free to contact us. Very truly yours, Garrett Sloan, Director Miami -Dade Water and Sewer Authority Department GS /ch The above is acknowledged and accepted by: Witnesseth: CITY OF SOUTH MIAMI (please sign and print or type name) dated 910 By William F. Hampton City Tanager MMIBIT NA" CITY OF SOUTH MIAMI LEGAL DESCRIPTION LEGAL DESCRIPTION: PAIM ;TRACT - A ?o41on. Qf the Northwesf J4 of Section 23 Township 54 South, Range d 40, -East and mb're. particularly -.,discribed- as- follows: Commence at the Southwe'sc co'rner'-'Of the- East � of the Southwe-'st t-of - the Northwest.' -,of said Section -Dwi.t4ence run South 89 degrees 3CS minutes 08-seednds East-along the South-line of the Northwest k-of sais Section 23, for a distance of 25, feet to the Point of Beginning thence run. North 0., degrees 43 minutes 15 seconds East parallel t& the West line of the East h of the Southwest k of the Northwest k of-said .Section 23 fo*r,a distance of*689.32 feet; thence run South 89 degrees -30 minutes 30. seconds East, along the North line of the Souteast k of the Southwest k of-the--Northwest k of said Section 23 for a distance of 619.15 (619.77 mess.) feet;thence run South 0 degrees 41 minutes 20 seconds West along a line 25 feet West and parallel to the East line of the Southwest k of the Northwe"s t k of .said Section 23 for a distance of 213.43 feet; thence run South 10 degrees 27 minute&29 seconds East for a•distance.of:277.50 (277.19 Mess.) feet to the Northwesterly -right of way.ltne of the Seaboard a1rline railroad; thence run South '45 degrees 35 minutes 19 seconds West along the Northwesterly right of -way line of the Seaboard airline railroad for a distance of 287.18 (287.70 cal.) feet; thence run North 89 degrees 35 minutes 08 seconds West along the South line of the-Northwest k of said Section 23 for a distance of 470.67 feet to the Point of Beginning; lying and being in Dade Coun�ty,Florida and containing 9.7 acres more-or less. LEGAL DESCRIPTION: CUT OUT'PARCEL of the NorthwesC-k'of-Section 23,'-Township 54 South, Range East and more particularly described as follows;. Commence at the Southwett corner of the East k of'the Southwest k of the Northwest k of said Section- 23; toence rum South 89 degrees 35 minutes 08 seconds East, along the South line of the-•Northwest k of said SEction 21* for a distance of 25 feet ;t hence run North 0 degrees 41 minutes 15 seconds East parallel to the West line of the East h of the:Southwest'k of tKe Northwest J..of said Section 23 for a di&tace of-124ftdo • feet to 'the Point, of -Beginning; thence continue North -0 degrees 43 minutes 15 seconds E ast "the last described;-course alont. for a' 41stince -of 43&J25 feet ; Ilence run South 89 degrees - 30 -minutes .30 $ecands.Earb_r.i--.aldhg the North line of t) e Southeast Jk of the Southwest k of Chr- Northwest t of said Section 23 for a distance of 019-45 (61-9.77 -mess. ) feet;thenceSouth 0 degrees 41--minutes 20 seconds ,along a pine 13-7feetiWeit and parallel to the East line of the hwest k of the 'Nbrthwest1k-.Qf said.Seccion*23 for a distance of 213 , , 43 * feet" thence run lfouth 10 degrees 27 seconds East i - 9,010111W f A distance. of...200. 00 e t V7 WSJ W. M rgwp ff&iE' A Ptzri"" =4E Zc -5, Qei t 04ftteex 2. An:L tis'fiiyse"Qi ft t lAsc. and, i�"c desefti d course for k, distance Of 4 6.497f eet; be fi tff�ee'Ncrth w4nroes, 35: minutes :08 2:P8 Sitdones West for a -distance - !Mrrutes 52. secon' -East at. '2.'3.7t.feet,,-tKence-.Borth� 011degree's'74J &"-A.ngle to the 'last bn'- I e3tr discrl5ed course for 10.1p feet; 4 d • n tberiVo'North 89 degrees 35 minutes �08 secondi-Vest, for a . of feet to ihi-Point 6f-Uginni * distAnqe Dsd0 t i nt 1 y i na and be,ixLd in q County,Florida' . yand "containing. 6.2 11cres more or les-9. -A- 1 01 1 RM Y E7�IBIT "B" OF AGRMWENT BETWEEN METROPOLITAN DADE COUNTY AND CITY OF SOUTH MIAMI BUILDING CONNECTION SCHEDULE Units Gallonage Completion of Building Connection Existing public works buildings 1,027 1992 a RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY,COMMI38ION OF THE CITY OF SOUTH MTAMI, FLORIDA AUTHORIZING A WAIVER OF BID PROCEDURES FOR THE CITY'S PUBLIC WORKS DEPARTMENT PURCHASE OF A REPLACEMENT FOR THE POWER TAKE -OFF SYSTEM FOR TRASH CRANE 1121 -31A FROM AMERICAN TRUCK CRANED UPON THE BASIS THAT THERE IS ONE LOCAL SOURCE OF SUPPLY; AUTHORIZING AN EXPENDITURE. OF CHARGING THE $ 1,698.18; DISBURSEMENT TO ACCOUNT NO. 1760 -9680 "MAINTENANCE & REPAIRS - OUTSIDE SERVICES ". WHEREAS, pursuant to the 1991 --92 Budget of the City of South Miami, Florida, the City's Public Works Department was authorized to purchase of repair services, and; WHEREAS, because the trash crane is a vital part of day -to- day operation of the Public Works Department, it is imperative that this equipment stays in good working condition, and; WHEREAS, due to the frequent breakdown and cost of repairs Of the power take -off system, the Administration recommends replacing this equipment with a more durable air- shifted system, and; " WHEREAS, Article III, Section 5 H of the City Charter requires Competitive bids from at least three different sources Of supply, if available, such determination to be made by the Commission, and; WHEREAS, the City Administration has now obtained a cost of $1,698.18 from American Truck Crane, the only local supplier of an air- -shifted system; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH 'MIAMI, FLORIDA: Section I. The Mayor and City Commission of the City of South Miami, Florida do hereby authorize the City Administration to waive the bid procedure set forth in, Article -III, Section 5 H Of the City Charter for repair services to be purchased by the City Public Works Department upon the basis that this service is only available from a single local. source of supply. c23 1 Section 2. That the City Administration be, and hereby is, authorized to replace the Public Works Departments Trash Crane Poorer Take -0ff System With an Air - Shifted System from the only local supplier, American Truck Crane, for an amount not to exceed $1,698.18. Section 3. That the disbursement be charged to account no. 1760 - -4680: "Maintenance & Repairs - Outside Services ". PASSED AND ADOPTED this "th day of March, 1992. ATTEST: CI T CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY M APPROVED: MAYOR 2 LID V'Y 4� o� oe >mo oc Q _ n O _jm Ln ,- 3�0 �O W .1p P E all 1 1 dIIIIII � Illt ''II I I INI x i S 4 2 O a � n c 0 19%0C2W 3mR� U.4 WdQa2Vp 20R0d,gy O <W <J ;<2 WMOZ.O< GWGOpYWC 'J =0000VZi V W W W O J w > W aac� c< � azr2isi`� 'i O <1N{yyZWO�'ll� Wyt~r J Ir whi S Q.y N J Na`<Nd2?QW O" `Z 0W- lie, Z < W i. S2 -W d.W2L0 L ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING CHAPTER 11. "GARBAGE AND TRASH" OF THE CITY'S CODE OF ORDINANCES BY PROVIDING ADDITIONAL DEFINITIONS: ADDITIONAL REOUIREMENTS FOR PREPARATION; REVISED PENALTIES FOR VIOLATION; REVISED FEES FOR COLLECTION; AND BY ADOPTTNG NEW SECTIONS PROVIDING FOR THE DUTY TO DISPOSE OF SOLID WASTE AND TO PROHIBIT COMMINGLING OF SOLID WASTE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1988, the State of Florida passed a Waste Management Act requiring mandatory reduction of collection of recyclable materials and prohibiting commingling yard trash and other farms of gelid waste; and WHEREAS, the City of South Miami both recognizes its respon- sibilities unflpr. that Act, as well as wishes to provide both service to, and an example for, its residents in the collection and recycling of garbage and trash; NOW, THEREFORE, BE IT ORDAINED BY Tim MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: -motion 1. That Section 11 -1 "Definitions" of the Code of Ordinances of the City of South Miami be, and hereby is, amended as follows Idashed lines indicate deletions; underlines indicate additional Sec. 11-1. Definitions. CITY MANAGER shall mean the chief executive officer and head of the administrative branch of the city or his duly authorized agent or representative. COMMERCIAL GARBAGE shall mean all putreacible solid and sesisolid kitchen Waste of animal or vegetable matter from hotels, apartment houses, restaurant type establishments and other commercial concerns. COMMERCIAL TRASH shall mean all waste from commercial establishments, other than garbage as,' defined, which includes paper and cardboard products, metal cans, bottles, yard and tree trimmLngs and shall also mean trees, tree stumps, tree limbs or other material that may be accumulated as a result of repairs to land or removing trees for buildings or as a result of clearing of Tots. CONSTRUCTION AND DEMOLITION DEBRIS DISCARDED - material APnerelly considered not to ba avatar- soluble or h+ssardous, including, Without -- r�- l iaitstion � concrete . glass, a s s. brick, asphalt.i or roofin. materarrum ber from construction or demolition 2r6jec4. Commingling construction And demolition debris with an�r amount of ~ - --.� .�..__._._...._._ _._..,.., _ ether types of solid waste sill cause �f't to be clasaitied as other than construction and demolition debris. "Md9"1`V0 RESIDUNIIAL CARBAGS shall mean all putrescible , solid and semi -solid household waste of animal or vegetable matter from the preparation, cooking and serving of food and tin cans, bottles, newspapers and other paper products. AO*R*"C RESIDENTIAL TRASH shall mean refuse other than garbage, as dafined, and the waste materials from the constsuution or demolition of buildings. It shall not include papet1 cardboard products, and newspapers. Residential trash shall onlz consist of grans or hedge clippings, leaves, branches and vines provided that such branches and vines are not more than four (4) feet long or four (4) inches in diameter. WHITE GOODS shall mean items such as stoves, refri erators, r. washing oachine's', hat water heaters, or ay► other metal appliance used in a household. Such materials shall be 'placed separate rom the regular trash, these materials require special handling. SULKY WASTE shall mean old furniture such as sofas, chairs,. box ssj?,_rin& ;_mattresses, large tree cutti at __treeesstu�mp6 or other material that may be accumulated as a ,result of clear3n� of lot,;. fi ese materials shall not be integrated "with tha regular houselic3d trash. These eaterisls rejuireTa ecialM handling. REFUSE shell mean the combination of garbage and trash whether doneette residential or commercial. (Ord. No. 10 -70 -686, 11 4- 21 -70). RECYCLABLE MATERIAL shall mean any material which is capable of being reexcled and which if not recZel'edf would be processed and disposed of as Solid Waste. The to FRs'CycXable Material" shall include 6reeo slass,,brown glass, and clear glass, aluslinum and steel eons and sera metall plastic Contslnereja xed�PEROTS aews.zager, corrugote■ cardboards office dater, and phonebooks. ny A_reczelable Material mixed with solid waste shall be considgred to be solid waste. MULTI - FAMILY RESIDENTIAL ESTABLISHMENT - any Structure other than a residential unit which is used, or constructed for use, as a-multiple - dwelling _ facility. Multi - family residential establishments shall include without limitation, rooming�hause, tourist court, trailer park, bungalow court, apartment building with rental or cooeerative apartments or multiple story condominium with common means of ingress and egress. ■r■ rn Sri r HAZARDOUS WASTE shall mean solid waste which because of itg quansity. concentration, or physical,- chemical 'or infectious characteristies, may, whenrim�progerly transported, disposed of stored treated or otherwise monaged,ycause, or s #gnificant contribute to an increase in mortalitx, or an increase in serious irreversible orrincapacitating reversible illness, or may use s substantial present or potential hazard to human health or the environment when improeerly�treneported, disposed, stored, treated,_ or otherwise managed. Section 2. That Section 11 -4 "Preparation of Refuse" of the Code of Ordinances of the City of South Miami be, and hereby is, amended as fnllows tdashed lines indicate deletions; underlines indicate additional; Sec. 11 -4. Preparation of refuse. (a) ;DQ1& RESIDENTIAL GARBAGE shall be drained and wrapped in a newspapers paper bags or plastic bag before depositing in the refuse container. (b) -ff4NNOVIA RESIDENTIAL TRASH, other than grass, hedge clippings, leaves, branches and vines shall be placed in containers or bundled in lengths of four (4) feet or leas and (have a) weight of no more than fifty (50) pounds. t Section 3. That Section 11.5 "Refuse Container3" of the Code of ordinances of the City of South Miami be, aril hc.r.c[iy is, - amended as follows (dashed lines indicate deletions; underlines indicate additionsl: SOC. 11 -5. Refuse containers. (a) DON"2 -1 RESIDENTIAL GARBAGE CONTAINERS. Each residence shall provide two (2) containers of a capacity of not more than thirty (30) gallons each. Such Containers shall be constructed of galvanized metal or plastic and shall have tight fitting lids and be rodent proof. The bottoms of containers shell be lined with paper or plastic liners of sufficient strength and texture to prevent leakage and spillage provided by the owner or tenant using the container. No oil drums shall be allowed. (b) DM-MO-RESIDENTIAL RESIDENTIAL Tt ASH CONTAINERS. Each residence shall provide two (2) eontainera as described in paragraph (a) to be used for dveeet-tZ residential trash collection as herein described. No resident shall have more than four (4) containers for garbage and trash collections. Section 4 . That Section 11 -7 "Extent of service and poirit.s Of collection" of the Code of Ordinances of the City of South Miami be, and hereby is, amended as follows [dashed lines indicate deletions; underlines indicate additionsi: See. 11 -7. Extent of service and points of collection. (a) 00 **9Tj0-RESIDENTIAL GARBAGE. Garbage containers are hereby required to be placed at a point upon the premises of the owner or tenant within fifty (50) feet of the center line of the street from where the garbage is collected or any point that is no taore than ten (10') feet behind the front,setback line of the residence or in the case of a corner lot, nor more than then (10) feet behind the side street setback line of the residence. In either case, location of the containers must be the closest diesanc's to the street froe which the 'garbage is collected. Garbage containers are hereby required to be placed at the collection point the day of scheduled collection. Such containers shall be removed from public view within twenty -four (24) hours after the scheduled Collection day* eoneealed from view by a pall, fence or shrubberyonprovide say be are accessible for collection a o provided they ordinapce of the cit and not in violation the zoning y• ContaiuGrs may be placed at locations Other then stated above, with the approval of the city manager@ Those containers and - locations not approved will not be picked up., Containers in approved locations will be emptied at least twice each 'week. (4•-1) EMERGENCY CONDITIM . Whenever strike, natural Calamity, or other emergency shall occur, the city manager may invoke the following emergency Conditions for a period of thirty (30) deye by written notice mailed tc all n'o'mm -s't7tc residential garbage customers: 00HUS406 RESIDENTIAL xRA$Hq RoE4ei'r�r tteside.ntial trash in containers and bundled dodo residential trash shell be placed at the curbside for collection not a;—r;" then twenty -four (24) hours prior to the scheduled pickup day and removed from the curb within twenty -four (24) hours after pickup;. In no case shell the bundled trash weigh more then fifty (56 four (4) feet in the equivalent in volume Pounds or be longer than gallon containers for each collection. ( } thirty (30) fox d The collection procedure a residential trash as described herein may change due o emergencies and circumstance beyond the control of the city. n such situations t;he collection of d shall be given priority. .� residential garbage' P y• Grassi hedge clippings, leaves, branches and vines are not required to be containerized. These items •ay be placed at the curb as explained in subsection (c) below for special mechaniged pickup on the scheduled pick up day. 3 777 W dTHRR DOWA 141- RESIDENTIAL 'TRASH. ti estic- Residential trash that cannot be containerised or bundled ,shall be neatly 'W ,,stacked or placed at the curb in front of the owner's property�/ for special mechanized collection at the convenience of the city. DoneatiN Residential traah exceeding the maximum allowable volume "ay be picked up at extra cost to the owner of the promisee as $et forth in section 11 -9 of this chapter a Section 5. That Section 11 -8 'Itnforcement; inspections, by city" of the Code of Ordinances of the City Of South Miami be, and hereby is, amended as follows (dallied li"PF, indicate deletions; andezlines indicate additionsl: Sea. 11 -8. Enforcement, inspections by city. The city manager shall have the authority to enter, at all reasonable times) upon private and public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter, (Ord. No, 10-70.686, 11 4-21 - )0 (a) Penalties for violation of this chapter. I. Violators shall first be given a warning notice to clear the violation within (3 ) dA `s if the violation is not cleared within three T-37-days, a +�� Y 1 M• Sl-l� V N citation will be'isrued. 2. Placement of tard trash at the curbside or other designated,garbage collection areal r y residents r , for collection and disposal as arba , - 5x.00 3, Placement of yard trash at the curbside or other designated-garbage collection areal by commercial ■NW or ■ V-i- .� 1 .r ■ N� multi- familt residential eV ota_blishments, for collection Iavid disposal an garbage, 1� • 11 � • $100600 4. Placement of commingled yard trash at the curbside or other designated trash collection area b residents= for collection and disposal. 50.00 5. Utilisirix the rolid waste collection services of any �. unauthoris <ed solid waste colle'ct'ion agency b a commercial or mu t am Z re• dential r.rrr. Ire+. Ir ■ .. r� r�� establishment. 500.00 6• placement of commingled yard trash at the curbside or o her doeiluated trash collection area by commercial or mu t•1 t■ resid.entia estaiblishionts, for collection and diepos$1, 1100.00 Section 6. That Section 11 -9 "Refuse collection fee schedule" of the Code of Ordinances of the City of South Miami be:, and hereby is, amended as follows [dashed lilies indicate deletions; underlines indicate additional,: ;Z 4 4 Sec. 11 -9. Refuse collection fee schedule• (a} !& RESIDENTIAL GARBAGE and ~OKt8" —O RESIDENTIAL TRASH: The fee faF the collection of refuse from residential units for the service as provided in this chapter shall be set forth herein, For billing purposes and description of service this Code -@hall hereafter refer to claas numbere which are described below.: Gaits No. Description I Apartment, per unit.....e...... 2 special collection 1 There shall be no minimum fee charged for pickups of up to 1/2 truck load once a week Semi - Annual Annual hee- Fee $31.90 $16.20 Minimum fee per truck load 2 Trash pickup in excess of 1/2 truck load and lass than a full truck load .................. a $3.5 -tOO u35.00 3 Minimum fee per truck load••..e... $ *1ihH 270.00 (b) Commercial garbage and commercial trash. (c) Special waste_ handling- fee of $25.00 _f or, the__followin its emsI box spring* mat tress television dishwasher refrigerator washer _ dr er stove water heater furniture (1) The fees for the collection of refuse from commercial establishments including apartments, hotels and motels from approved domestic garbage containers as described in this chapter shall be as set forth herein for the number of containers and frequency of collection. , Additional for each container above minimum semi - Clas,a Collections Annual Annual Annual Semi - No. Per Beek Fee lree Pee Annual 6 2 $ 97.20 $ 45.60 $154680 $ 77.40 7 5 250.00 125.10 232.20 116.10 B 6 405.00 202.50 309.60 154.80 (2) The fees for collection of refuse from commercial establishments including apartments, hotels and •otels from approved city -owned and privately owned and maintained bin -type containers shall be as set forth herein for the capacity and frequency of collection. Section 7. That Chapter 11 of the Code of Ordinances of the City of South Miami be, and hereby is, amended to acid the following section 11 -10 funderlines indicate additions): a t, .1 See. 11-10. Duty to dispose of solid waste and preven s it #hall be unlawful for the owner, mina ar Occupant, lessee of, or other person: reseonsible or -sny lot, parcel or tract of land in any part of the citZ to dtposit, store, keev. or maintain or gersit _to be deposited stored ke t or aai solld waste which L containerized, exespt Yard " trash fo*r the pgrRose of composting. Such material shag lll�not be kept on any alJoining right -of -wax, easements Or alleys except ae-apecificallx authorized in this chapter. Failure to comply with the provisions of this chapter. �■Yr� .re M Section 8. That Chapter 11 of the Cude of ordinances of the City of South Miami be, and hereby is, amended Lo acid Lhc,- following section 11 -11 ( underlines indicate additionst; Sec. -11 -11 prohibition of commingling of yard trash and other forms of solid waste. {e) Commingling of Xard trash and other forms of solid waste prohibited. After January 1, 1992, the following acts shall be a violation of this section: (1) The placement of Zard trash at the curbside or other designated �garbage- collection area by any Eersn, for collection and disposal as garbage. (2) The placement of comfainjled yard trash at the curbside or other designated trash collection axes, by any persons for collection and disposal. Section 9. It any section, clause, sentence, of phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent lutisdiction, then said holding shall in no wav affect the validity of the remaining portions of this Ordinance. section 10. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 11. This Ordinance' shall take effect immediately at the time of its passage. 6 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ,-IT . 7 CATHY McCANN MAYOR �rh��of cJout/LJAaiizo March 15, 1991 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 305 / 667 -5691 THERE WILL BE A SPECIAL CITY COMMISSION MEETING. OF THE SOUTH MIAMI CITY COMMISSION ON TUESDAY, MARCH 19, 1991, AT 7 :30 PM IN THE CITY COMMISSION CHAMBERS AT SOUTH MIAMI CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, TO CONSIDER THE ITEMS ON THE AGENDA OF THE REGULAR CITY COMMISSION MEETING SCHEDULED FOR THAT DATE: ATTACHED HERETO AND MADE A PART HEREOF. NOTICE OF THIS SPECIAL CITY COMMISSION MEETING WAS SERVED UPON THE CITY CLERK ON THIS 15TH DAY OF MARCH, 1991. DONE UNDER MY HAND AND THE OFFICIAL SEAL OF THE CITY OF SOUTH MIAMI THIS 15TH DAY OF MARCH 1991. CATHY N, MA OR ATTES , 7RO55MARY CITY CLERK Posted: City Hall Bulletin Board CC press Administration S OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive SPECIAL CITY COMMISSION MEETING MARCH 19, 1991 Next Resolution: 32 -91 -9104 Next Ordinance: 17 -91 -9091 A. Invocation Next Commission Meeting: 412191 B. Pledge C. Presentations D. Items for Commission Consideration 1) Approval of Minutes 3/5/91 2) C.M. Report 3) C.A. Report - ORDINANCES - SECOND READING AND PUBLIC HEARING:; .- 4. An Ordinance of the City of South Miami, Florida, amending the Land Development Code of the City of South Miami, Florida by providing a definition of "Physical Therapist ", "Massage Therapists ", and "Acupunturists" in Section 20 -2.3; permitting "Physical Therapist" and "Massage Therapists" under Section 20-3.3 (E) of the permitted use 'schedule as Special Uses in R 0, L 0, and M 0 Districts; providing for Special Uses Requirements under Section 20 -3.4 (B) by adding ,a new subdivision (15) providing for severability, ordinances in conflict, and an effective date. (PB /Administration) 4/5 5. An Ordinance of the Mayor and City Commissioner of the City of South Miami, � Florida, amending Chapter 12 of the Code of Ordinances to provide an additional' Section 12 -15 prohibiting the use of leaf blowers or other similar devices to. blow or place trash and /or refuse on public rights of way or adjacent property; providing for ordinances in conflict; severability; and an effective date. RESOLUTIONS FOR PUBLIC HEARING: (Mayor) 3/5 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida approving an application for a Special Use Permit for an accessory medical services in H (Hospital) district pursuant to Section 20 -3.4 B (18) of the Land Development Code of the City of South Miami, Florida by Doctor Robert Singer for the premises commonly known as 7031 SW 62 Avenue, South Miami, Florida 33143 and legally described herein. (PB /Administration) 4/5 RESOLUTIONS: 7. A Resolution of the Mayor and City Commission of the City of.South Miami, Florida, authorizing a waiver of bid procedures for the City's Recreation Department purchase of playground equipment asset forth herein below upon the basis that there is one source of supply,.authorizing the expenditure of $26,710.00 to Big Top Inc. for this equipment, charging the disbursement to Account No 2000- 6430 "Equipment - Operating ". (Administration) 3/5 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of Xcaliber Drug Tracking System Budget File for the 'Police Department for a Total Price not to exceed $2,150.00 and providing for disbursement from Account Number 08 -1910 -6400 "Forfeiture Fund". (Administration) 3/5 9) A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing a waiver of bid procedures for the City's Finance Department purchase of computer software as set forth herein below upon the basis that there is one source of supply, authorizing an expenditure not to exceed $14,056.83 to City Computer Solutions Inc. for this software, charging the disbursement to Account No. 1410-6430: "Finance Department - Equipment ". (Administration) 3/5 Y -1 SPECIAL CITY COMMISSION MEETING MARCH 19, 1991 continue (page 2 of 2) ORDINANCES - FIRST READING: 10) An Ordinance of the City of South Miami Florida, amending the Land Development Code of the City of South Miami, Florida by providing a definition of "Small Restaurant" in Section 20 -2.3; providing for small restaurants under Section 20-3.3 (D) of the permitted use schedule as Special Uses in SR Districts; providing; for Special Use Requirements. under Section 20 -3.4 (B) by adding a new subdivision (19); providing for'severability; Ordinances in Conflict, and an effective date. (Comm. Cooper) 4/5 11) An-Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Section 16 -12 "Definitions" of 'Article II "City Pension Plan of the Code of Ordinances of the City of South Miami to amend the definition of participation date to the date an employee elects, to participate in the Pension Plan. (Mayor) 3/5 REMARKS Ms. Linda Werner, AT EASE, 5844 Sunset Drive, South Miami, to discuss the histr, of the alarm system and resulting fines at her above mentioned store. Mr. David Popper, 5900 S.W. 85th Street,. to address the Commission regarding certain landscaping approvements at his home . You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceed;ngs is Made, which record includes the testimony and evidence upon which the appeal i_s„Dased. a w ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF "PHYSICAL THERAPIST ", "MASSAGE THERAPISTS ", AND "ACUPUNCTURISTS "IN SECTION 20 -2.3-; PERMITTING "PHYSICAL THERAPIST" AND "MASSAGE THERAPISTS" UNDER SECTION 20 -3.3 (E) OF THE PERMITTED USE SCHEDULE AS SPECIAL USES IN R 0, L 0, AND M 0 DISTRICTS; PROVIDING FOR SPECIAL USE REQUIREMENTS UNDER SECTION 20 -3.4 (B) BY ADDING A NEW SUBDIVISION (15); PROVIDING FOR SEVERABILITY,.ORDI'NANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for a permitted use schedule; and WHEREAS, there presently does not exist a permitted use of "Physical Therapist ", "Massager Therapist" or "Acupuncturist "; and WHEREAS, the Mayor and City Commission wish to amend the Land Development Code to provide for "Physical Therapist ", "Massage Therapist" and "Acupuncturist" in the permitted use schedule; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby is, amended as follows:_ PHYSICAL THERAPIST. Shall mean a person who is licensed in accordance with. and who practices_ physical therapy as defined in, Chapter 486 of the Florida Statutes. MASSAGE THERAPIST. Shall mean a person who is licensed in accordance with, and who practices massage therapy as defined in, Chapter 480 of the Florida Statutes. ACUPUNCTURIST. Shall mean a person who is licensed in accordance with, and who practices acupuncture as ,defined in, Chapter 457 of the Florida Statutes. Section 2. Section 20 -3.3 (E) be, and hereby is, amended to include the following additional uses: r t C P ZONING DISTRICTS 0 A N R R L M N S G I H D K 0 0 0 R R R S G Physical Therapist S Sa°` S 15 9 Massage Therapist S S S 15 9 Acupuncturist P P P - 9 Section 3. Section 20 -3.4 of the Land Development Code be, and the same is, hereby amended to add the following subsection 15: (15) PHYSICAL THERAPIST, MASSAGE THERAPIST a. Physical therapists or massage therapists must hold a current, valid State License as a prerequisite to applying for an occupational license. b. Physical therapists' and massage therapists". practice shall be limited to referral by prescription from physicians. Section 4. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no wav affect the validity of the remaining, portions of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 6. This Ordinance shall take effect - immediately at the time of its passage PASSED AND ADOPTED this th day of , 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY PB -91 -004 ,Applicant: Mayor & City Commissioners Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA, BY PROVIDING A DEFINITION OF "PHYSICAL THERAPIST ", "MESSAGE THERAPIST" AND "ACUPUNCTURE THERAPIST" IN SECTION 20 -2.3; PERMITTING "PHYSICAL THERAPIST" AND "MASSAGE THERAPIST" UNDER SECTION 20 -3.3 (E) OF THE PERMITTED USE SCHEDULE AS A SPECIAL USE IN R0, LO AND MO DISTRICTS; PERMITTING "ACUPUNCTURE THERAPIST" AS A PERMITTED USE UNDER SECTION 20 -2.3 (E) OF THE PERMITTED USE SCHEDULE IN RO, LO AND MO DISTRICTS; PROVIDING FOR SPECIAL USE REQUIREMENTS UNDER SECTION 20 -3.4 (E) BY ADDING A NEW SUBDIVISION' (15); PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Mr. Leonard Kalish signed in to speak for Drs. Gladstein and ......., owners of the office building located at 6601 SW 80 St. Present zoning does not allow one their tenants, Massage Therapist Wesley Chafin, to locate in that district. He stated that, in order to open his business, he must _apply to the State (Under FS- 480), for an establishment license, then be inspected by the State before applying to the City for an Occupational License. He is then subject to periodic' inspections by the State in order to maintain this State License. Also, Sue ...... and Toni..... of the Florida Physical Therapy Service, Inc.(6341 Sunset Dr., The Sunshine Medical Center), asked the Board to recommend that this change be made to include their professional designation, physical therapist. Ms ....... also stated that there is such a difference between massage therapists and physical therapists that she does not understand why they are being considered in the same` category. Educational and licensing requirements are entirely different. There was a Lengthy discussion to ascertain the differences between massage therapist and physical therapist as relates to this proposed change in City ordinance. Each is regulated and licensed by the State. However, they are different in that physical therapist is required by law to be referred by a physician, along with a care plan, and the massage therapist is not so restricted. In addition to this subject matter, Mr. Mackey advised the Board that the packet they received this evening was received from a Bonnie T. Mackey requesting that Advanced Registered Nurse Practitioner (A.R.N.P.) be added to this proposed ordinance. Chairman Gutierrez stated that, since this was not advertised prior to coming to the Board, it would not be proper to consider it this evening. The Board members agreed. Public Hearing was closed. These require Special Use Permits, come to the City to be allowed to City. This provides for greater meet code. therefore, would be required to establish _a business within the control of those who would not Mr. Gutierrez asked Mr. Chafin -if he had any problem with this Ordinance as it is written regarding the area where patients are required to come to him only with physicians prescriptions. He did not have any objections. Mr. Eisenhart asked whether, in passing this regulation, the City is prepared to appropriate the resources needed to enforce the law? Mr. Gutierrez stated that this action gives the City some leverage _in controlling the types of Occupational Licenses which can be issued under these and similar titles. (FS 480 -052, The Power of the City or Municipality to Regulate the Massage Therapist) Chairman Gutierrez called for a motion. Mr. Eisenhart moved to approve the application with the amendment to strike (B) from Section 3 (15) Seconded by Mr, Le ley. Vote Approved 5 Opposer: 0 l ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSIONER OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES °TO °PROVIDE AN ADDITIONAL SECTION 12 -15 PROHIBITING THE USE OF LEAF BLOWERS OR OTHER SIMILAR DEVICES TO BLOW OR PLACE TRASH AND /OR REFUSE ON PUBLIC RIGHTS OF WAY OR ADJACENT PROPERTY'; PROVIDING FOR ORDINANCES IN CONFLICT; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, by Section 12 -4 of the Code of Ordinances of the City of South Miami, adopted in 1951 and amended thereafter, the City Commission, found and determined that "The continuous growth and urban development of the City required the reasonable and effective control and regulation of weeds, undergrowth and other plant life to the extent and in such manner as to cause infestation . . breeding of mosquitos and vermin or to threaten or endanger the public health or adversely affect and impair the economic welfare of adjacent property "; and WHEREAS, the Mayor and City Commission note the increased misuse of "Leaf blowers" and other similar devices in the cleaning and maintenance of property to blow and place trash AND /OR 'REFUSE on public rights of way and /or adjacent property; and WHEREAS, this misuse thus provides the undesirable alternative of increased City maintenance or increased health hazards; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Chapter 12 "Health and Sanitation" of the Code of Ordinances of City of South Miami be, and hereby is, amended to add the following Section 12 -15: Sec. 12 -15. Leaf - blowers - use prohibited in placing trash on public rights of way and /or adjacent properties. The use of leaf - blowers and /or other similar devices for blowing or placing trash and /or refuse upon public rights of way and /or upon adjacent Property is hereby prohibited inthe City of coutn Miami. soccion 2. If any section, clause, sentence or phrase of this Ordinancc is held to be invalid or 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. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 4. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of r 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR AN ACCESSORY MEDICAL SERVICES IN H (HOSPITAL) DISTRICT PURSUANT TO SECTION 20 3.4 B (18) OF THE LAND DEVELOPMENT CODE OF THE CTTY OF SOUTH MIAMI, FLORIDA BY DR ROBERT SINGER FOR THE PREMISES COMMONLY KNOWN AS 7031 S.W. 62 AVENUE, SOUTH `MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREIN WHEREAS, Section 20 - 3.4 B (18) of the Land Development Code of the City of South Miami provides for accessory medical services in H (hospital) districts as a special use; and WHEREAS, Dr. Robert Singer has made application for a Special Use Permit for the premises commonly known as 7031 S.W. 62 Avenue South Miami, Florida 33143 and legally described as follows: Lots 1 through 9 and Lots 18 through 20 inclusive, Block 1, Less the west 10 ft. of Lots 1, 18, 19 and 20, Larkin Center, according to the Plat thereof, as recorded in Plat Book 27, Page 67 of the Public Records of Dade County, Florida; and WHEREAS, on February 26, 1991, the Planning Board recommended the special use permit application be approved by a 5 - 0 vote; and WHEREAS, it appears to the Mayor and Commission that the applicant has met, the requirements of the Special Use Permit as set forth in the forasaid Section; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. A Special Use Permit for accessory medical services by Dr. Robert Singer be, and hereby is, approved for the premises commonly known as 7031 S.W, 62 Avenue, South Xiami, AW Florida 33143 and legally described hereinabove. y PASSED AND ADOPTED this th day of March, 1991. APPROVED .MAYOR _ __• - _...._ —�. _ ATTEST; CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY -- MEMORANDUM T0:' Dr. Singer DATE: Fe;b. -27, 1991 SUBJECT: M.R.I. Van FROM:Capt. D.G. Stepp DCFD Station 14 Following your request on Feb. 22 I made an inspection of the M.R.I. van site at Larkin Hospital. Based on this inspection I can find no objections to locating the van on the proposed site. !w . I �(V J ry 3 a � w Z J r a w O a A. I lyj Q N �4 — �� "^''i���r^s+�- +'^'*-�^-. -a-�- - c'.i�, '- e�-"'>-^- n�.:*-'zv- �.e .yrs- m- .a- �,,;"?r;:"A�"'�. ^T >> ,a- •^"�. .' .x;' =1 i S L 2� 0 9 MAwN� 0� =!a[u APPLICANT:OtJr+`,"j' OWNER: P lL MAP REFERENCE: 7o Compass OMNIENTS : J Scale Date ............. 1 ' i Drn ...... Chk..... a . T`' T rt �� 1 i f 0. A C+1 1 T OF SO'V1 H AMA .91 so PLANNING 50 QD Hearing No....... M = N U �r E S P1ex3a izng Boarea Tuesday, February 26, 1991 Commissioners' Chambers 7 :30 PM PB -91 -003 Applicant: Dr. Robert Singer/ Larkin General Hospital Request: Special Use Permit for an Accessory, Medical Services in H (Hospital) District, as specified in Section 20 -3.4 (18) of the Land Development Code. Location: 7031 SW 62 Avenue, South Miami, Florida Dr. Robert Singer signed in and explained the application. Ron Aranson, representing the lessor, also signed in. The Board asked questions regarding noise, radiation, power source, possible traffic conflicts, etc. It was determined that this project would have no negative effect, therefore, Mr. Parr made a motion to approve subject to the City Commission requesting a letter of acceptance from the M'amiDade Fire Department and that this approval is tied to the drawing submitted to the Board in their packets. Seconded by Mr.Eisenhart. Vote Approved: 5 Opposed: 0 S STAFF REPORT PB -91 -003 February 22, 1991 Applicant: Dr. Robert Singer/ Larkin General Hospital Request: Special Use Permit for an Accessory Medical Services in H (Hospital) District, as specified in Section 20 -3.4 (18) of the Land Development Code. Legal: Lots 1 to 9 & Lots 18 to 20 inc, Block 1 less West 10 Feet of Lots 1- 18- 19 -20, LARKIN CENTER, according to the plat thereof as recorded in Plat Book 27 at Page 67 of the Public Records of Dade County, Florida. Location: 7031 SW 62 Avenue South Miami Florida ANALYSIS The applicant petitioned. the City Commission to adopt Special Use Permit procedures for accessory medical services. The applicant is now submitting an application under those procedures. RECOMMENDATION The proposal does comply with the adopted City of South Miami Land Development Code. City of Soum Miami 6130 Sunset Drive. South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD I Property. Owner: (p,( Signature: tjp�, Address: Phone Number:' Represented By :�-� �» S 1J organization: _e Address 7031 Sao- 62 Ave, �F? l Phone (Architect: Phone: !Engineer Phone: Owner Option to purchase Contract to purchase — Copy attached? If applicant is not owner; is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION JLot(s) Block (Metes and Bounds: variance Subdivision PB - Text Amendment to LDC Home Occupational License PUD Approval PUD Major Change Briefly explain application and cite s ecific Code sections: d --- 3. L/ (3; 9- C.J ✓Letter of " intent Proof of ownership Current survey SUBMITTED MATERIALS Hardship statement Reasons for change Power of attorney Site plan (7 copies) Contract to purchase Required fee(s) The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to the best of the applicant's knowledge and belief. Date Applicant's Signature and title Upon receipt, applications and all submitted materials will be reviewed for Jempliance with City Codes and other applicable regulations. Applications ound not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY DATE FILED ACCEPTED REJECTED DATE PB HEARING COMMISSION PETITION REQUIRED ADVERT DEADLINE OTHER INFO PETITION ACCEPTED Wn.T.TAm P. CALvsRT, ' M. D. Fj=oT T. Wwss=u". M. D. R,owi&T J. Sn;aER. M. D. CALvsaT. WAsss am" Axn Szxass. X D.. P. A. DIPLOMATES. AMERICAN BOARD OF RADIOLOGY DIAGNOSTIC RADIOLOGY AND NUCLEAR MEDICINE LETTER OF INTENT We are applying for a Special Use Permit to allow a mobile magnetic resonance imaging service to provide magnetic resonance scanning procedures to Larkin Hospital patient's. The magnetic resonance imager is mounted in a tractor - trailer van which will be parked on hospital property one or two days each week. We hope to begin this service as soon as reasonably possible. Thank you for your consideration. obert S ng r,_ M.D. adiology ep tment Larkin G eral Hospital LAREIN GENERAL HOSPITAL 7031 S. W. 62ND AVENUE SOUTH MIAMI. FLORIDA 33143 666.6500 THE DIAGNOSTIC. CENTER POR WOMEN 6140 S. W. 70TH STREET SOUTH MIAMI. FLORIDA 33143 - 661 -6513 SOUTH DADE COMMUNITY HEALTH CENTER 10300 S. W. 218TH STREET MIAMI, FLORIDA 33170 2'53.5100 =ENT B' (: LAR.KI1q HOPI T �-,L -__- COPM 4 LARKIN GENERAL HOSPITAL Februnry 22, 1991 Bill Mackey Planner$ city of South Miami Dear Mr. Mackey: Pleas* accept this letter confirming Larkin Genera? Hospital as having a parking capacity of 330 spaces, as stated in your conversation With Dr. Robert Singer. If yyoou need additional information concerning thisr pleasr. feel free to contact me at 284 -7672. Sincerely, Greg Darren Director of Engineering 7031 S,W. 62nd AVENUEs SOUTH MIAMI, FLORIDA 33143 ■ 305 -284 -7500 Fd 1-5c Cat S T .n -bM R� e iz' aJte; ratlTTe� N r.L•.L. z...ec.• �.a. u.oe•. �• 3 .ar..�►f �� �y; Fd •.au..ts.. �. � _�dl coca ter. IN 29.,n• •r .N .cw.�s, v.ra. 1. i•M'• L' o�! �lo.x R.pn' •eN' �aRt'_ _ jc 4145 • 7. Uil '' jj ` �s •MS. I _ cv 13 .+, s��sJ ' i • ONE- _eitc7 Qy N toes %c GOd t ,, ./ ..cL•.aa. M.O \ic - 11.ad v r. " twbl L r-, J G= 0 T b' a.0 ".T is CA! 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I V T AP I i Pay "' a RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A WAIVER OF BID PROCEDURES FOR THE CITY'S RECREATION DEPARTMENT` PURCHASE OF PLAYGROUND EQUIPMENT AS SET FORTH HEREIN BELOW UPON THE BASIS THAT THERE IS ONE SOURCE OF SUPPLY, AUTHORIZING THE EXPENDITURE OF S 26,710.00 TO BIG TOP INC. FOR THIS EQUIPMENT, CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2000- 6930 "EQUIPMENT - OPERATING" WHEREAS, the Recreation Department of South Miami has previously budgeted the purchase of certain playground equipment, specifically tvo tot lots, in the 1990/91 budget,; one each for Marshall Williamson and Dante Fascell Parks; and WHEREAS, pursuant to that budgetary authorization, the Recreation Department has inquired with various manufacturers to determine the availability of the equipment; and WHEREAS, the results of that inquiry have been that only Big Toy, Inc. manufactures this equipment; and WHEREAS, Article III, Section 5 H of the City Charter requires competitive bids from at least three different sources of supply, if available, such determination to be made by the Commission, NOWp THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission of the City of South Miami, Florida do hereby authorize the City Administration to naive the bid procedure set forth in Article III, Section 5 H of the City Charter, for the playground equipment, to -wit: two tot lots, to be purchased by the City Recreation Department upon the basis that this type of safety playground equipment Is only available from a single source of supply. section 2. That the City administration be, and hereby ist authorized to expend the sum of $ 26,710.00 to Big Tay Inc, for the aurchase of two tot lots, section 3. That the disbursement be charged to account no. CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 To: Mayor and City COMM sion DATE: March 11, 1991 FROM! am F empton% SUBJECT: Purchase of Tot Lot City Mana r �� Playground Equipment - Recreation Department The 1990 -91 adopted budget for the Recreation Department included an appropriation of $27, 000 for the purchase of one tot lot each, for Marshall Williamson and Dante Fascell Parks. The purchase of this equipment continues a program of placing in our parks modern safe playground apparatus for children. In past years we were able to use However, due to major reductions purchasing playground equipment County bid number, we request a b the best equipment for our City reasons: a bid number from Dade County. in spending the County is not this fiscal year. Absent a id waiver, for what is believed park system for the following 1. This equipment is in our opinion much safer to play on than the traditional all metal equipment. As we have .purchased the Big. Toy tot lots we have removed the old metal equipment 2. We want to make this equipment standard in all of our parks. 3. Past installations include Murray Park and Dante Fascell Park. 4. The tot lots installed at Fascell and Murray Park over the last two years have proved very popular with children and their parents. The second tot lot for Fascell is necessary because of demand at this heavy use park. The equipment fox Marshall Williamson will replace worn out equipment located there. i i t City of South Miami INTER— OFFICE MEMORANDUM To Mr William F. Hampton DATE: 3 -8 -91 City Manager FROM: SUBJECT: Tot Lot Specification for Dante Jim Cowen Fascell Park and Marshall Williamson Recreation Director Park Mr. Hampton, Attached you will find the specifications, drawings, costs and other information for the Tot Lot structures for Dante Fascell Park and Marshall Williamson Park. The Costs of each project are as follows: 1. Dante Fascell Park Marshall Williamson Park Materials $ 9,086 Materials $ 9,740 Freight 799 Freight 873 9,885 10,613 Delv. Cost Delv. Cost Installation 2,998 Installation 3,214 Cost per Project $ 12,883 The Manufacturer is: Cost per Project $ 13,827 Total Cost $ 12,883 Dante Fascell 13,827 Marshall Williamson $ 26,710 The Florida representative is: Contact Dale Hasner Big Toys 7717 New Market St. Olympia, WA 96501 1- 800 - 426 -9788 Southern Park & Play Systems, Inc 3780 Minton Road Melbourne, Florida 32904 -8817 1- 800 - 247 -1545 Cont. Tot Lot Speciciction for Fascell Park and Marshall Williamson Park Delivery Time is five (S) weeks from date Purchase Order is received by the representative. Monies are budgeted and will come from acct: 2000 -6430 Equipment- Operating For your information, I've also included a map which shows that there is only one (1) Florida representative of Big Toys and the closest one to us besides the Florida representative would be Alabama. Models of these structures will be sent after we place the order. Finally, as we previously discussed and as in past Tot Lot project, the Public Works Department will prepare the infrastructure prior to the installers arriving and we will be using mulch as a ground cushion for these two Tot Lots. This should result in a savings for sand of approximately $ 1,300.00. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING `A WAIVER OF BID PROCEDURES FOR THE CITY''S POLICE DEPARTMENT PURCHASE OF COMPUTER SOFTWARE AS FORTH HEREIN AFLOW -UPON THE BASIS THAT THERE IS ONE SOURCE OF SUPPLY, AUTHORIZING AN EXPENDITURE NOT TO EXCEED 9 2,150.00 TO FASCORP, INC. FOR THIS SOFTWARE, CHARGING THE DISBURSEMENT TO ACCOUNT NO. 08 -1910-6400 "FORFEITURE FUND ". WHEREAS, the Police Department of South Miami has previously budgeted the purchase of certain computer software, specifically, for the imputing, recall, processing, and Interfacing, of drug related crimes, in the 1990/91 budget; and WHEREAS, pursuant to that budgetary authorization, the Police Department has inquired with various suppliers to determine the availability of the software; and WHEREAS, the results of that inquiry have been that only Fascorp, Inc, distributes this software; and WHEREAS, Article III, Section 5 H of the City Charter requires competitive bids from at least three different sources of supply, if' available, such determination to be made by the Commission, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR ANTI THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission of the City 6f South Miami, Florida do hereby authorize the City Administration to waive the bid procedure set forth in Article III, section 5 H of the City Chatter, for the _purchase of computer software, to_ packages specifically for the imputing, recall, processing, and interfacing, of drug related crimes, to be purchased by the City Police Department upon the basis that this equipment is only available from a single source of supply. Section 2... That the city Administration be, and hereby is, thorized to expend a sum not to exceed S 2,150.00 to Fascorp, Inc. for the purchase of computer software. Section 3. That the disbursement be charged to account no. 08-,1910-6400 "Forfeiture Fund ". PASSED AND ADOPTED this th day of March, 1991. APPROVED: MAYOR ._... --- - - - - -- ATTEST. CITY CLERK— - - ---- - - READ AND APPROVED AS TO FORM: FDLE Florida Department of Division of Criminal Justice P.O. Box 1489 Law Enforcement Information Systems Tallahassee, Florida 32302 (904) 488 -8852 James T. "Tim" Moore Commissioner RECEIiI` U7 1n AAR u i 10 February 27, 1991 1 Chief's offic opt. Honorable Perry S. Turner Chief of Police South Miami Police Department 6130 Sunset Drive South Miami, Florida 33143 Dear Chief Turner: We have received your letter of February 19, 1991, regarding the XCALIBER(R) software program. The Uniform Crime Reports (UCR) program has received and processed data from agencies using this software package. You may want to contact other agencies such as Miami Shores, North Lauderdale, and Cooper City, who are using this software to discuss their experiences with it. Please do not accept this letter as an endorsement of this product. If you have any questions, please contact me or Bureau Chief Wayne Quinsey at (904) 487- 1179. Sincerely, James T. Moore Commissioner I P U oy e, Direc tor Division of Criminal Justice Information Systems PJD /bsm Law Enforcement FASCORPComputer Systems & Software 9900 Stirling Rd. #2313 • Ft. Lauderdale FL 33330 • (305) 431 -2677 DEPARTMENT P.O. NUMBER REQUISITION NUM3,::; .3 r 3 January 18, 1991 QUANTITY AND -QUAL Yf RECEIVE[) AS ®ILLM; i 1 Officer Dave Dweck =� South Miami Police Department 6130 Sunset Drive DATE South Miami, Florida 33143 Officer Dweck : FASCORP, Inc. is pleased to present you with this proposal for the XCALIBER (R) Drug Tracking System. -I think you will agree that our system can be an asset to your department by helping you to better manage your records information just as it has for numerous agencies across the United States. The XCALIBER(R) software package is installed in 40 agencies throughout Florida and Georgia, with over 300 installed; around the United States. Please -find the enclosed - configuration and pricing that you requested. I would like to review this proposal with you over the phone. Therefore, I will call you later in the week,- once you have received this proposal. SincerelL, F. A. '(wokdy)i Spencer, Jr. Presi ent FAS /me �J Enclosure(s) �i:�� ?'�' .� nn e.-�a. ��.r �- ��'�.^'" �' .__ e��' -5^' r ra�'s1 tP'..'F.• -a-st- _ rz�-• s XCALIBER (R) POLICE INFORMATION MANAGEMENT SYSTEM SOUTH MIAMI POLICE DEPARTMENT XCALIBER (R) DRUG TRACKING SYSTEM BUDGET FILE INSTALLATION /TRAINING (1 DAY ON -SITE) * * * * * ** GRAND TOTAL $ 2,,150.00 NOTES: 1. Terms are 50% down with order, net on delivery. 2. Prices subject to change. Law Enforcement FAS C O R R Computer Systems & Software 9900 Stirling Rd. #231, Ft Lauderdale FL 33330 • (305) 43*1 -2677 SOLE SOURCE VENDOR FASCORP, Inc. is the sole source vendor for the XCALIBER (R) series of Information Management Systems in the State of Florida. These systems include: XCALIBER (R) XCALIBER (R) XCALIBER (R) XCALIBER (R) XCALIBER (R) Police Information Management System Computer -Aided Dispatch Jail /Facility Information and Management Security and Protection Agency Information Management Fire Department Information Management FASCORP, Inc. provides installation, training and customization for all of the above software packages. RESOLUTION N0, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A' WAIVER 'OF BID PROCEDURES FOR THS CITY'S FINANCE DEPARTMENT PURCHASE OF COMPUTER SOFTWARE AS SET FORTH HEREIN BELOW UPON THE BASIS THAT THERE IB ONE SOURCE OF SUPPLY, AUTHORIZING AN EXPENDITURE NOT TU EXCEED 514,056.93 TO CITY COMPUTER SOLUTIONS INC.EXCEE THIS SOFTWARE, CHARGING THE DISBURSEMENT TO ACCOUNT NQ`. 1910 -6430: "FINANCE DEPARTMENT EQUIPMENT►. WHEREAS, the Finance Department of South Miami has previously budgeted the purchase of certain computer software specificall ' Yc Packages for budget accounting, payroll, waste billing, purchase order and encumbrances, in the 19`9 0/91 budget, , and WHEREAS, pursuant to that budgetary authorization, the Finance Department has inquired with various suppliers to determine the availability of the software; and WHEREAS, the results of that inquiry have been that only City Computer Solutions Inc. distributes this software; and WHEREAS, Article III, Section 5 H of the City Charter requires competitive bids from at least three different sources of supply, if available, such determination to be made by Y the NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CI COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: CITY 8ecti2 1. The Mayor and City Commission of the City of South Miami, Florida do hereby authorize the City Administration to waive the bid procedure set forth in Article Iii, Section 5 H Of the City Charter, for the purchase of computer software, to- wit: packages for budget accounting, payroll, waste billing, Purchase order and encumbrances, to be purchased by the city Fiance Department upon the basis that this e equipment is only available from a single source of supply, 9221 on.2. That the City Administration be, and hereby is authorized to- .- expen�} a sum not to exceed .__5 14, 056.83. to City • Y Computer Solutions Inc. for the purchase of computer software. Section 3. That the disbursement ba charged to account no. 1410 -6430: "Finance Department- Equipment ". PASSED AND ADOPTED this _____jMARCH, 1991 APPROVED: MAYOR ATTEST: CITY CLERK READ AND .'APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE NO AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF "SMALL RESTAURANT" IN SECTION 20 -2.3; PROVIDING FOR SMALL RESTAURANTS UNDER SECTION 20 -3.3 (D) OF THE PERMITTED USE SCHEDULE AS SPECIAL USES IN SR DISTRICTS; PROVIDING FOR SPECIAL USE REQUIREMENTS UNDER SECTION 20 -3.4 (B) BY ADDING A NEW SUBDIVISION (19); PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for, inter alia . parking requirements for restaurants within the specialty retail "SR" district; and WHEREAS, the SR district presently has the largest municipal parking lot in the City of South Miami, as well as extensive -on.-street parking and off - street parking which can be. leased on a month to month basis; and WHEREAS, the Mayor and City Commission believe the location of small restaurants in the SR district will promote the goals and objectives of a comprehensive master plan, to- wit: open space, landscaping, use of small scale structures and pedestrian generated retail and restaurant activity; and WHEREAS, the Mayor and City Commission therefore wish to amend the Land Development Code to provide for reduced parking requirements for small restaurants within the SR district upon compliance with special use conditions; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby is, amended as follows: SMALL RESTAURANT. Shall mean a restaurant as defined in this Code which contains no more than 2,000 gross square feet. C P ZONING DISTRICTS 0 A N R R L M N S G I H D K 0 0 0 R R R S G Small Restaurant S 19 11 Section 3. Section 20 -3.4 of the Land Development Code be, and the same is, hereby amended to add the following subsection 19: (19) SMALL_ RESTAURANT a. Small restaurants must be located within 200 linear feet of a municipal parking lot. b. The parking on small restaurant premises.. must be used for customers only; employees and management must park in off -site parking. Section 4. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or 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 5. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 6. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this _th day of , 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: C ATTORNEY APPROVED: MAYOR g ORDINANCE NO A ORDINANCE OF THE MAYOR AND CITY COMMISS -ION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 16 - 12 "DEFINITIONS" OF ARTICLE II "CITY PENSION PLAN" OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO AMEND THE DEFINITION OF PARTICIPATION DATE TO THE DATE AN EMPLOYEE FLECTS TO PARTICIPATE I14 THE PENSION PLAN; PROVIDING POR SEVEl:ABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the present City Pension Plan contained it Article II of Chapter 1`6 of the Code of Ordinances of the City of SoQth Miami states "Particioation date shall mean October l of each year this plan is in effect including October 1, 1106511, and WHEREAS, the effect of this definition has been to limit employees to a 30 day period from October 1 of: any year through the end of: October in that year in which to elect to join tte Flan, and WHEREAS, the Pension Board has recommended, and the Mayor and City Commission wish to adopt, a change of the definition to enable employees to enter the Plan at any time, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR A14D THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 8ect;ion 1, That the definition of "Participation Date" in Section 16 - 12 of the Code of Ordinances of the city of South Miami, Florida be, and hereby is, amended to read as follows: Participation date shall mean the date upon which an employee elects to participate in the South Miami Pension Plan Section 2. The City Administration be, and hereby is, authori7ed to exceDt Steps such as are necessary to carry out the aforesaid amendmPn.t. Section 3. If any section, clause, sentence or phrase c.f this Ordinance is held to be invalid or unconstitutional by any co t o -i competent -jurisdiction, then said holding shall in no wav affect the validity of the remaining portions of this Ordinance. Section 4.. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Sect,ion.5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this _ _th day of March, 1991 APPROVED; MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CI TT —Y -ATTuRNEY - - - - - - - -- ;; Cit y of South Miami INTER — OFFICE MEMORANDUM T°. City Clerk DATE March 13, 1991 FR°""` Pen on Administrator 5"B'E`T' Eliminate October 1 as Plan Participation Date At the October 31, 1990 Pension Board Meeting, a Motion was made and passed that October 1 as plan participation date be eliminated. Request this change to Chapter 16, Pensions, be placed on the City Commission Meeting Agenda for appropriate action. cc: Mayor Cathy McCann Attachment 4) Approval of Wally Wilson's Invn1ve. Payment of Mr. Wilson's invoice from May 1988 was approved by the Zoard. 5) Quarterly Payment of City's Contribution. A discussion of request from the State to pay the City's Contribution to the Pension Plan quarterly was held. A further discussion with the officials will be made to determine the test method of payment. 6) Discussion of Monthly IINESCO Report. Mr. Harty and other Board Members questioned Mr. Matus of INESCO the meaning of different sections of the Monthly Report. Mr. Matus went through t::? report thoroughly with the Board_I,91embers answering. any questions. There being, no further business, the meeting adjourned at 5:15 P.M. CATHY MCCANN CHAIRPERSON 2 r SOUTH MIAMI PENSION BOARD MEETING MINUTE'S OCTOBER 31, 1990 The meeting was called to order at 4` :08 P.M. by Chairperson Cathy McCann. Those in attendance were Mayor Cathy McCann Mayor Chairperson - Charles P. Harty Citizen Member William Bostick Public Works !1ember Mike Matus INTVESCO John M. Oorbliss finance Director Dayton C. Cramer Pension Administrator Absent: Captain Ledly Moss Police Member Walter Stevens_ Citizen Member The following was discussed 1) Approval of Minutes for July 18 1990. Charles Harty made a motion that the minutes be approved. William Bostick seconded the potion which was approved by i.znanimous vote of those present. 3 -0 2) Approval of early retirement for Walter Johnson. Charles Harty made a motion for approval of early retire- ment for Walter Johnson which was seconded by William Bostick. The motion was approved by unanimous vote of those nreser.t. 3 -0 3) Eliminate October 1 as Plan Participation date. Mr. Harty moved that the Board table this item until other things are considered. ,Mr. Harty's motion died for lack of a second. Chairperson McCann did not agree and expressed her opinion that other items might take several months of discussion before being considered for change and that was no reason to keep employees from joining the pension system if they wished.' Chairperson McCann made a motion that the 3oard request that an ordinance be placed on the appropriate agenda to eliminate October 1 as the nlan part icination date. ,Tr. Postick secon,jed. the motion which passed by unanimous Tote of those present. 3 -0 U N -S U A 5 t I- 5844 sunset drive, south miami, florida 33143, (305) 662 -1022 G nr LAW OFFICES POPPER & POPPER PROFESSIONAL ASSOCIATION OADELAND SOUARE BUILDING . SUITE 710 . 7700 NORTH KENDALL DRIVE MLSMI, FLORIDA 33166 DAVID POPPER TELEPHONE (305) 271 -22c, TELECOPIER (305) 271 -2241 March 13, 1991 The Honorable Kathy McCann, Mayor, and the City Commission City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attention: Office of the City Clerk Ms Rosemary Wascura RE: City Commission Meeting - March 19, 1991 Dear Mayor and Commissions I would appreciate the opportunity to address the City Commission at its meeting scheduled for next Tuesday, March 19, regarding certain landscaping improvements to my home at 5900 S.W. 85 Street in South Miami (where my wife and I have resided for the past 30 years). Thank you for your courtesies in this matter. Very my yours, DAVID POPPER DP:djh /sm.ltr /d9/ VIA TELECOPIER`663 -6353 AND COURIER DELIVERY. OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING Next Commission Meeting: February 16, 1993 March 2, 1993 A. Invocation B. Pledge of Allegiance to the Flag of the United States of America C. Presentations: D. Items for Commission Consideration: 2/2/93 City Manager's Report City Attorney's Report ORDINANCES 2ND READING: 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; authorizing the City Manager to execute an interlocal agreement with the - Metropolitan Dade County Stormwater Utility for all canal cleaning and maintenance of all publicly owned canals within the boundaries of the City of South Miami, providing for each Metro -Dade Water and Sewer customer in the City to be charged $7.50 each billing cycle on the water and sewer bill to fund the cost of canal maintenance; providing for seveverability; providing for ordinances in conflict; and providing an effective date. (Administration) 4/5 RESOLUTIONS FOR PUBLIC HEARING: 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida approving a request pursuant to Section 20 3.6 (H) (2) of the Land Development Code for a variance to allow (two) gates in front of the property of about eight(8) feet high where four (4) feet is allowed by Maria M. Diaz from the Planning Board of the City of South Miami, Florida for the property known as 6815 SW 63 Street, South Miami, ,Florida 33143 (A single family residence) and legally described hereinbelow. (PB /Administration) 4/5 6. A Resolution of the Mayor and City Commission of the City of °" —Seutb Miami, Florida; approving a request pursuant to Section 20 -3.5 the Land Development Code for a variance to allow a rear set eighteen (18) feet where twenty five (25) feet is required in S -4 (small lot single family) District by Habitat for Humanit om the Planning Board of the City of South Miami, Florida for a property known as 6075 SW 63 Terrace, South Miami, Florida 43 (a single family residence) and legally described hereinbe (PB /Administration 5 RESOLUTIONS• 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; authorizing the purchase of four disabled accessible drinking fountains from Century Plumbing Wholesale, Inca for a total price not to exceed $3,297.60 by the Recreation Department and charging the disbursement to Account Number 2000 -6430 "Recreation - Equipment — Operating." (Administration) 3/5 3. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to execute, file and commence administration of a Section 125 Internal Revenue Code "Cafeteria Plan." (Administration) 3/5 k OFFICIAL AGENDA February 16, 1993 page 2 114* -rIi- * "O K&F 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; authorizing the purchase of a predemoliton asbestos survey from Testwell Craig Laboratories of Florida Inc., for a sum not to exceed $2,455.00 for the renovation of the City's Police Department, charging the disbursement to Account Number 08 -1911 -3150 "Forfeiture Fund." (Administration) 3/5 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; authorizing the expenditure by the City Manager for a sum not to exceed $400.00 for surveying services to Delta Surveyors Inc. for property described hereinbelow and providing for disbursement from Account Number 2100 -5510 "General Contingency." (Administration) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to execute a contract for demolition of an unsafe structure at 6290 SW 60 Avenue, South Miami, Florida with Miguel Rodriguez demolition for a total cost not to exceed '$2,600.00 as detailed in the attached proposal and charging the disbursement to Account Number 2100- 5510 "General' Contingency Fund." (Administration) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing repair services for Police Vehicle 91 -09 in a sum not to exceed $1,150.00 to Otto Jorge; and charging the disbursement to Account Number 04- 1500 -4680 "Auto Repairs - Self Insurance Fund." (Administration) 3/5 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; authorizing the City Manager to disburse the sum of $4,230.50 representing fees incurred for legal services by Gregory Bogognoni of Ruden, Barnett ET AL, regarding the Bakery Center and charging the disbursement to Account Number 2100- 4910: "Comprehensive Plans- Special Attorney." (Administration) 3/5 ORDINANCES - 1ST READING: 14. An Ordinance of thek C' of South Miami, Florida, amending Section 20 -5.12 - of"the Lan Development Code of th „e,, -icy f South Miami Florida; by 6dding a new Subseci'on "H” o provide r expiration an Revocation _of Planned Un't Develo ents; providing for severabiNl1 y; ordinances hn, con ict; and an effective date. (Mayor McCann) 3/5 15. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; amending Section 20 -3.4 (B) of the Land Development Code of the City of South Miami, Florida, by adding a new Subsection (21) to provide for Special Use Conditions under which Banks are permitted on first floor levels within the Specialty Retail /Residential District; amending Section 20 -3.3 (D) to categorize "Banks and Savings Institutions: as Special Uses; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor McCann) 3/5 ^'a a, OFFICIAL AGENDA February 16, 1993 page 3 REMARKS: None PURSUANT TO FLA. STAT. 266.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT: IF A' PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE,,' AFFECTED PERSONS 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 OF OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW." 4 y ORDINANCE NO. AN ORDINANCE OF -THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE METROPOLITAN DADE COUNTY STORMWATER UTILITY FOR ALL CANAL CLEANING AND MAINTENANCE OF ALL PUBLICLY OWNED CANALS WITHIN THE BOUNDARIES OF THE CITY OF SOUTH MIAMI, PROVIDING FOR EACH METRO -DADE WATER AND SEWER CUSTOMER IN THE CITY TO BE CHARGED $ 7.50 EACH BILLING CYCLE ON THE WATER AND SEWER BILL TO FUND THE COST OF CANAL MAINTENANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has 2,888 miles of canals; and 5.776 miles of canal banks; and WHEREAS, Dade County no longer funds maintenance of said canals from the County General Fund; and WHEREAS, Dade County has created the stormwater utility agency to promote intergovernmental cooperation to effectively and efficiently manage stormwater run -off; and WHEREAS, the canal system is an important element of the total stormwater management system; and WHEREAS, the Federal Government has mandated all local governments create a stormwater management system; and WHEREAS, the City of South Miami has previously signed an interlocal agreement with Dade County for stormwater management; and WHEREAS, the attached interlocal agreement will provide the City with both canal maintenance and the mechanism to fund this needed work on an annual basis; and WHEREAS, the City's 1992 -93 Budget includes drainage projects to be funded from the source described above. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1, That the City Manager be authorized to execute the attached interlocal agreement. Section 2. That any Dade County claim for funds for the 1991 -92 fiscal year will not be a part of this interlocal agreement. Section 3. That Dade County will not Withhold any funds for South Miami projects if said withholding is related to the 1991- 92 fiscal year. Section 4. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or 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 5. All Ordinances or parts of Ordinances in conflict herewith be, and the same hereby are, repealed. Section 6. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of 1993. IV ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR K, M „fin. �° ^;�".+.°.,.r �",w . �. ✓s. e'��"zn"raFFa ''Y%.'A -.iii. ., v ---n_ �"�, r.'�. ».s .�--- ..--'. a:-,,.... t,-a _ STORMWATER UTILITY INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI, FLORIDA AND METROPOLITAN DADE COUNTY STORMWATER UTILITY METROPOLITAN DADE COUNTY STORMWATER UTILITY (305) 375 -3235 111 NORTHWEST FIRST STREET, SUITE 1310 MIAMI, FLORIDA 33128 09/24/92 1 I l VV INTERLOCAL AGREEMENT FOR STORMWATER MANAGEMENT THIS INTERLOCAL AGREEMENT, [hereinafter the "Agreement "] by and between the Metropolitan Dade County Stormwater Utility, a public body corporate and politic, through its governing body, the Board of County Commissioners of Dade County, Florida [hereinafter sometimes referred to as "UTILITY ",] and the City of South Miami, a political subdivision of the State of Florida, [hereinafter sometimes referred to as "CITY ",] is entered into this day 'of 1992. WITNESSETH WHEREAS, Section 403.0893, Florida Statutes, authorizes the establishment of stormwater utilities for construction, operation, and maintenance of stormwater management systems, to collect, convey, store, absorb, inhibit, treat, use, or reuse water, prevent or reduce flooding, overdrainage, environmental degradation and water pollution; and WHEREAS, the Board of County Commissioners Metropolitan of Dade County, did, by adoption of Dade County ordinances No. 91 -66 and Ordinance No. 91 -120, as amended by Ordinance Nos. 92 -44 and 92 -86, create a stormwater utility [hereinafter referred to as the "UTILITY ",] within the unincorporated area of the UTILITY, and which UTILITY may, operate within a municipality or municipalities and WHEREAS, it is the intent of the UTILITY and the CITY, through this Agreement, to establish relationships and responsibilities for planning, control, operation, construction, maintenance repair, and enhancement of stormwater systems located within the limits of the CITY. Now, therefore, in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows: ARTICLE I PURPOSES The UTILITY and the CITY enter into this Agreement to further the following purposes: (1) to protect and promote the public health, safety, and general welfare through the management of stormwater run -off; 2 .r— ,s.';.„— �",, -a.,x ,x�; :,-;-�„ ,u„�,•;s:s;°.,.:w. a r (2) to maintain and improve water quality and preserve and enhance the environmental quality of the receiving waters; (3) to control flooding that results from rainfall events; (4) to deter unmanaged rainwater from eroding sandy soils and causing the collapse of banks of waterways, which results in sedimentation; (5) to deter the disruption of the habitat of aquatic plants and animals; (6) to promote intergovernmental cooperation in effectively and efficiently managing stormwater run -off; (7) to plan for stormwater management, including scheduling and conducting basin master planning studies and development of stormwater management capital improvement programs; and (8) to provide for collection of stormwater utility revenue, and verified allocation of funds for authorized expenses. ARTICLE II DEFINITIONS Agreement shall mean this document, including any written amendments hereto, the attachments, and other written documents which are expressly incorporated herein by reference. Basin Master Plan shall mean a plan developed to identify the facilities, programs, and management necessary for comprehensive control, treatment, and use of stormwater in a specified drainage basin. Drainage Basin shall mean a designated subdivision of a watershed. Equivalent Residential Unit (sometimes hereinafter referred to as "ERU ") shall mean the statistically estimated average horizontal impervious area of residential developed property per dwelling unit. This estimated average is calculated by dividing the total estimated impervious area of four residential categories, to wit, single family, mobile home, multifamily and condominium, by the estimated total number of residential dwelling units. For the purposes of the stormwater utility each dwelling unit, to wit, single family residence, mobile home, multifamily, or condominium, is assigned one ERU. Fiscal Year shall mean the period beginning on October 1 and ending on September 30. Force Ma`eure shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement, and which, by the exercise of due diligence, such parties shall not have been able to avoid. , Such acts or events DO NOT INCLUDE inclement weather (except as noted above) or the acts or omissions of Subcontractors, third -party contractors, materialmen, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. In -CITY Revenue shall mean the revenue obtained by the UTILITY from parcels or portions of parcels located within the CITY limits through utility user fees. Ma'or stormwater system shall mean a stormwater management system identified on the maps indicated in Attachment "A" and "B ", including public retention, detention, and exfiltration facilities. Watershed shall mean a region draining into a river, river system, or of er ody of water. In addition to the above definitions, terms defined in Metropolitan Dade County Ordinances No. 91 -66 and No. 91 -120, codified < in the Code of Metropolitan Dade County as Chapter 24, Article IV of the Metropolitan Dade County Environmental Protection Ordinance as amended from time to time, shall have the meanings ascribed to them' therein. ARTICLE III TERM Initial Term The initial term of this Agreement shall be for a period of five (5) years beginning on the date of execution by both parties hereto, provided, however, either party may terminate this Agreement without cause prior to the expiration date upon one (1) year advance written notice to the other party of such termination. In the event that the CITY terminates this Agreement upon one year's notice without cause,the CITY shall create and implement a stormwater utility in accordance with Ordinance No. 91 -66 and shall, within thirty (30) days of the effective date of termination, pay the UTILITY all UTILITY costs allocable to the CITY. Option to Renew Upon mutual written consent of the parties, this Agreement may be extended for five (5) additional terms of five (5) years each. R, 10 ARTICLE IV CITY RESPONSIBILITIES A. Upon the_UTILITY`s request, the CITY shall share information with the UTILITY in matters of flood control, surface water quality, public works construction programs, land use and zoning classifications, and other activities relating to stormwater management systems. B. The CITY shall provide notice to the UTILITY, as provided herein, designating the project manager responsible for implementing the tasks and responsibilities set forth herein. The CITY shall promptly notify the UTILITY of any change in the project manager designation by notice as specified in this Agreement. C. For each UTILITY fiscal year, a CITY stormwater utility budget will be developed by the CITY, subject to approval by the UTILITY. The UTILITY-approved CITY stormwater utility budget will define the annual administration, operation and maintenance, planning, engineering, local drainage construction costs, capital improvement expenses allocable to the CITY. Said budget shall be submitted to the UTILITY no later than March 1st of each calendar year. D. The total revenue allocated to the CITY, as determined above, shall be equal to the in -CITY revenue collected during that fiscal year (October 1 - September 30) less applicable UTILITY costs. E. The CITY will develop a master plan for all of the drainage basins, subdrainage basins or fractional drainage basins within the geographical boundaries of the CITY. The basin master plan developed by the CITY.shall be similar to and in conformance with the criteria, specifications, format and content of the basin master plan developed by the UTILITY for the unincorporated areas. F. The CITY agrees that the UTILITY shall withhold quarterly as part of utility costs as set forth in IV(D) above, monies as payment for maintenance of the Ludlam Glades Canal as described in Attachment "B" of this ',Agreement. Maintenance costs will be subject to annual review' during the County's budget process and shall be incorporated in the CITY's_ annual stormwater utility budget. Any changes in maintenance costs will be presented to the CITY before the end of the month of', April during the term of the agreement at which time, the CITY shall have thirty days from date of receipt of such notice within which' to give the UTILITY notice if the CITY elects not to continue to 'receive maintenance services as described in Attachment B 5 G. The CITY shall provide to the UTILITY annually by February 15th, or at such _other time as is mutually agreed upon, a list of stormwater capital improvement projects and ,local drainage projects it proposes to be included in the next fiscal year stormwater utility budget. The CITY shall provide a general description of, the justification for, and the priority of each project proposed. Capital projects within the CITY such as roadway improvement or bridge construction whose- primary purpose is not for stormwater management cannot be funded by the stormwater utility. H. The CITY shall pay the UTILITY the actual cost for the development and implementation of the UTILITY within the CITY. The CITY shall be responsible for CITY administration, staffing and management of the UTILITY within CITY geographical limits. The costs set forth in this paragraph IV(H) shall be incorporated in the CITY's annual stormwater utility budget. I. The CITY shall pay the UTILITY's cost for producing, mailing and collecting the in -CITY Stormwater User Fee bills and maintaining the in -CITY ' Stormwater utility revenue billing system. The costs set forth in this paragraph IV('I) shall be incorporated in the CITY's annual stormwater utility budget. J. The CITY shall develop a rolling, five (5) year Stormwater Master. Planning' Program which shall be annually updated and which shall be submitted to the UTILITY for review and approval. K. Annually, the CITY shall perform a financial audit of funds received and expenditures of the UTILITY within the CITY to determine compliance with the requirements of the Agreement, and shall provide a copy of the audit report to the UTILITY at a mutually agreed upon date after the completion of the audit ARTICLE V UTILITY RESPONSIBILITIES A. The UTILITY has established, and shall maintain in effect, a Stormwater Utility. The UTILITY is responsible for UTILITY administration, staffing and management of the UTILITY. B. The UTILITY shall develop and manage a Stormwater Master Planning Program in the unincorporated areas, a copy of which shall be provided to the CITY for the purpose of developing the CITY master plan C. The UTILITY shall provide notice to the CITY as provided herein, designating the Project Manager responsible for implementing the tasks and responsibilities set forth herein. The UTILITY shall promptly notify the CITY of any change in the Project Manager designation by notice as specified in this Agreement. C� D. The UTILITY shall review the CITY's annual stormwater utility budget proposal and shall provide to the CITY, during the month of April, or at such other time as is mutually agreed upon, a written response thereto. The annual budget shall be consistent with the prioritization of projects established by the master plan after said plan is approved by the UTILITY. E. The UTILITY shall provide the CITY information on UTILITY modifications or additions to stormwater management systems that may interrelate with or affect the CITY stormwater management system. The UTILITY, will be responsible for operation and maintenance of those major stormwater facilities located within the CITY which are identified on the UTILITY stormwater maintenance maps listed in Attachment "B which is incorporated herein by reference. The UTILITY shall update the maintenance maps as changes occur. F The UTILITY agrees Ludlam Glade's Canal (within in Attachment "B" At the CITY's option, described in Attachment B to provide canal maintenance services for the boundaries of the CITY) as described these service levels may be increased as of this Agreement. G. The UTILITY shall review the CITY's rolling five (5) year Stormwater Master Planning Program and approve or reject in writing the program. ;, If the UTILITY rejects the program, the UTILITY shall provide specific reasons for rejection and the CITY shall modify and resubmit the 'program within thirty (30) days H. The UTILITY shall be responsible for operating and maintaining the Stormwater User Fee billing system for the collection of in -CITY Stormwater revenue. The UTILITY shall be responsible for answering all inquiries and administering the appeals process regarding the in -CITY Stormwater Utility User Fee customer accounts. The UTILITY shall remit to the 'CITY the total revenue allocated to the CITY as defined in Article IV(D) above. I. The UTILITY shall remit to the CITY on actual in -CITY revenue collected by the UTIL quarter minus the UTILITY costs (as identified This 'remittance shall take place within forty the endl of the quarter during which the collected: ARTICLE VI RATES a quarterly basis the ITY in the preceding in Article IV above). -five (45) days after in -CITY revenue was The rate per ERU to be collected within the CITY geographical boundary in a given year shall be established concurrently with the stormwater budget process and shall be calculated as the number derived by dividing the CITY's proposed stormwater budget expenditures by the total number of ERU's located within the CITY. 7 ARTICLE VII FORCE MAJEURE Neither party hereto shall be liable for its failure to carry out its obligations under the Agreement during any period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations, but the obligations of the party relying on such Force Majeure shall be suspended only during the continuance of any inability so caused and for no longer period of said unexpected or uncontrollable event, and such cause shall', so far as possible, be remedied with all reasonable dispatch. It is further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of Force Majeure shall be conditioned upon such party giving, to the other party, written notice of its assertion that a Force Majeure delay has commenced within ten (10) working days after such commencement, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non - performance as caused by Force Majeure unless the failure to give timely notice causes material prejudice to the other party. ARTICLE VIII DEFAULT CITY Event of Default Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "CITY event of default ". If a CITY event of default should occur, the UTILITY shall have all of the following rights and remedies which it may exercise singly or in combination: 1. The right to declare that this Agreement together with all rights granted to CITY thereunder are terminated, effective upon such date as is designated by the UTILITY; 2. Any and all rights provided under federal laws and the laws of the State of Florida. UTILITY Event of Default Without limitation, the failure by the UTILITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "UTILITY event of default NO If a UTILITY event of default should occur, the CITY shall have all of the following rights and remedies which it may exercise singly or in combination: 1. The right to declare that this Agreement together with all rights granted to UTILITY thereunder are terminated, effective upon such date as is designated by the CITY; 2. Any and all rights provided under federal laws and the laws of the State of Florida. ARTICLE IX GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The UTILITY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement Venue for any court action between the par ies for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Dade County, Florida, 'or in the United States District Court for the Southern District of Florida in Dade County, Florida. ARTICLE X ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment 'duly executed by both parties hereto or their authorized representatives. ARTICLE XI HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 0 1J ,f - :ry ARTICLE XII RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended t., confer upon any person other than the parties hereto any right:, QN, remedies under or by reasons of this Agreement. ARTICLE XIII REPRESENTATION OF CITY The CITY represents that (I) this Agreement has been duly authorized, executed and delivered by , ,1;; the governing body of the CITY, and (II) it has the required power and authority to perform this Agreement. ARTICLE XIV REPRESENTATION OF UTILITY The UTILITY represents that (I) this Agreement has been duly authorized, executed and delivered by the Board of County Commissioners, as the governing body of the UTILITY, and (II) it ha:; the required power and authority to perform this Agreement. ARTICLE XV WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. ARTICLE XVI INVALIDITY OF PROVISIONS, SEVERABILITY Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the - remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 10 1 F 11-'NIIVFP I/ I ARTICLE XVII INDEPENDENT CONTRACTOR CITY shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the UTILITY. CITY shall have control of the work performed hereunder in accordance with the term of this Agreement and of all persons performing the same, and CITY shall be responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. Nothing herein shall be construed as creating a partnership or joint venture between the UTILITY and the CITY. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of the UTILITY, nor shall any such person be entitled to any benefits available or granted to employees of UTILITY ARTICLE XVIII INDEMNIFICATION To the extent permitted by law, each party agrees to indemnify, defend and save harmless the other, their appointed boards and commissions, officials, officers, employees, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, or actions of any kind resulting from all personal injury including bodily injury and death, and property damage occasioned during the term of this Agreement for its own acts or omissions arising out of, because of, or due to the execution or performance of the terms of this interlocal Agreement. However,' the parties do not, and shall not be deemed' to have_ given any indemnification for damage's arising out of injury or damage to persons or property caused by or resulting from the negligence of the other party` hereto or any of its officers, agents, or employees, if applicable. 11 IN WITNESS WHEREOF, the CITY and UTILITY have hereto set their hands and seals on the day and year indicated below. CITY BY: Mayor ATTEST: Date signed by the City (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: City Attorney APPROVED BY DADE COUNTY ATTORNEY AS TO FORM AND LEGAL SUFFICIENCY BOARD OF COUNTY COMMISSIONERS, DADE COUNTY, FLORIDA, AS GOVERNING BOARD OF THE STORMWATER UTILITY BY: ATTEST: Date Signed by the UTILITY (SEAL) MARSHALL ADER, Clerk of the Circuit Court, Ex- Officio Clerk of the Board of County Commissioners Dade County, Florida BY: Deputy Clerk 12 ATTACHMENT A CITY OF SOUTH MIAMI DRAINAGE ATLAS 1 Original copy maintained by the City. f4 ATTACHMENT B SCHEDULE OF CANAL MAINTENANCE ACTIVITIES I. City Responsibilities The CITY agrees to pay the UTILITY the sum of ninety -two thousand and three hundred dollars ($92,300) for fiscal year 92-93 for the maintenance of the Ludlam Glades Canal and Broad Canal and the sum of fourteen thousand dollars ($14,000) for fiscal year 91 -92 for maintenance of the Ludlam Glades Canal. Further maintenance costs will be subject to annual review during the UTILITY's budget process and shall be set at the costs approved in such process. Any changes in maintenance costs will be presented to the City of South Miami before the end of the month of April annually during the term of this Agreement. The CITY, at its option, may request additional maintenance services above the recommended level listed in Section II below. Culvert Cleaning SW 80 -56 St. SW 56 -52 St. Broad Canal* Above Water- $ 5,500 /cleaning $1,500 /cleaning N/A event event Below Water $13,500 /cleaning $3,700 /cleaning $1,900 /cleaning event event event Chemical Treatment $ 5,300 /treatment $400 /treatment $900 /treatment Obstruction Removal- $ 4,600 /removal $1,900 /removal $1,900 /removal Tree Trimming- $10,000 annually N/A *City Canal: The City has requested that certain maintenance services be performed on this canal by the Stormwater Utility. The UTILITY is currently negotiating with the League of Cities regarding canal maintenance and its associated costs. Should these negotiations result in a different method of cost apportionment or change in funding source that benefits the CITY, the 'above listed figures would be adjusted to reflect this change, II. Utility Responsibilities The Utility agrees to provide canal maintenance services for Ludlam Glades Canal and Broad Canal within the boundaries of the CITY as described in this Attachment "B ". The types of service and service levels are defined below: 14 $1 Culvert Cleaning SW 80 -56 St SW 46 -52 St Broad Canal* Above Water- 2 cleaning events 2 cleaning events N/A per year per year Below Water- 1 cleaning event 1 cleaning event 1 cleaning per year per year event per year Chemical Treatment- 4 times /year 4 times /year 4 times /year Obstruction Removal- 4 times /year 2 times /year 1 time /year Tree Trimming- 19 days total N/A *City Canal: The City has requested that certain maintenance service be performed on this canal by the Stormwater Utility. Should the UTILITY not perform the level of services indicated above, the CITY will receive an adjustment to its costs in the next year of the Agreement. I t► rt '� o � S 4 r � CC n f � • It t o/ �:.•R cr to c r It 0 .• r , _ c • v' =s, t ll �n s t -2"srr,-. • f++. ." ref -.t t I • 1 Y \� 36, If • - i 3 Z Crk.i..I � ,• I � ..�.: + t 1 ;. ► 7, / • J ` C Ar wl 91 h s. t� � tJn� 7e .•c' - J Er ,,, t r p v ,r S ]14 V S � . y v ,.. , RESOLUTION NO, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST PURSUANT TO SEC. 20 -3.6 (H)(2) OF THE LAND DEVELOPMENT CODE. FOR A VARIANCE TO ALLOW (TWO) GATES IN FRONT OF THE PROPERTY OF ABOUT EIGHT (8) FEET HIGH WHERE FOUR (4) FEET LS ALLOWED I3Y MARIA M. DIAZ FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI,- FLORIDA FOR THE PROPERTY KNOWN AS 6815 S.W. 63RD STREET, SOUTH MIAMI, FLORIDA 33143 (A SINGLE FAMILY RESIDENCE) AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, Maria M. Diaz requested the Planning Board of the City of South Miami, Florida for a variance from section 20-3.6 (H)(2) of the Land Development Code of the City of South Miami to allow (two) gates about eight (8) feet high, where four (4) feet is allowed, in front of the property `known as 6815 S.W. 63rd Strcut, South Miami, Florida 33143 (a single family residential Property), which property is legally described as follows: Lot 9 in Block 2 of TRANQUILITY ESTATES, according to the plat thereof, as recorded in Plat Book 78 at Page 64, of the Public Records of Dade County, Florida WHEREAS, on December 29, 1992, the Planning Board voted to recommend approval of the request by a 4 3 vote; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY 07 SOUTH MIAMI, FLORIDA: Section 1. That the request of ,Maria M. Diaz for a variance from Sec. 20 -3.6 (H) (2) of the Land Development Code of the City of South Miami, to allow (two) gates about eight (8) feet high where four (4) feet is allowed, in front, of the property known as 6815 S.W. 63rd Street, South Miami, Florida 33143, be, and the same hereby is, approved. PASSED AND ADOPTED this th day of February, 1993. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR ji--] �i fS S .y APPLICANT: Aikb+ A . Druz OWNER: MAP REFERENCE: / SW E CO,%VENTS : ft4X OIVOT-) MWcoep CITY of MOW MIAMI f 'PLANNING D%RD i J+ b � o t Arc Compass Scale. ....... . Date............. Drn ...... Chk.... Hearing No....... C =TY OF' SOUTH M =AM= .own . A4 Building & Zoning Department 6130 Sunset Drive, 2rd Floor Fax #: (305) 666 -4591 South Miami, Florida 33143 Phone: (305) 663 -6325 ZONING PETITION Petition: We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the following Requests) PB -92 -029 Applicant: Maria M. Diaz Request: Variance from Section 20 -3.6 (H)(2) to allow (two) gates in front of the property of about eight (8 ) feet high where four (4) feet is required. Legal: Lot 9, Block 2, TRANQUILITY ESTATES according to the Plat thereof, as recorded in Plat Book 78 Page 64, of the Public Records of DADE COUNTY, FLORIDA. Location: 6815 S.W. 63 Street South Miami, FL 33143 (A single- family residential property) Name ate Address �63 J d 4 JIM �63 .r M r N U T E S P L A N N I N G B O A R D Tuesday,- December`29, 1992 Commission Chambers 7.30 PM I. Call to order and the Pledge of Allegiance to the Flag of the U.S.A. II. Roll Call. Present Absent Manuel Gutierrez Robert Parr John Lefley Dianne G. Wright Cindy Thorner Paul Eisenhart Rock Jorczak Also present: Bldg. & Zoning Director Lama; Planner Kobola and Board Secretary DeLisa. III. Approval of the Minutes of December 8, 1992. Robert Parr moved to approve the Minutes of December 8, 1992 as presented. Seconded by Mr. Gutierrez. Vote: Approved: 5 Opposed: 0 Abstained: 2 (Eisenhart) ( Jorczak) IV. Public Hearing: 1=11B — ID 2 -0 29 Applicant: Maria M. Diaz Request: Variance from Section 20 -3.6 (H)(2) to allow ( two) gates in front of the property of about eight (8) feet high where four (4) feet is allowed. Legal: Lot 9, Block 2, TRANQUILITY ESTATES according to the Plat thereof, as recorded in Plat Book 78 Page 64, of the Public Records of DADE COUNTY, FLORIDA. PB Minutes 12 -29 -92 1 Location 6815 S.W. 63 Street South Miami, FL 33143 (A single - family residential property) Mr. Parr read the request._ Mr. Kobola reported that the applicant had presented a proposal for' gates to the ERPB on 2/5/91. That proposal was approved by the ERPB. However, the gates which were actually constructed are of .different design and size than what had been approved by ERPB. In addition, the applicant did not request a final inspection. The gates as constructed do not comply with the Land Development Code height requirement, for residential fences because they are higher than four feet. In fact, they are eight feet in height. In order to come into compliance, the applicant must erect 'a fence around the pool which is located in the front of the house. This fence, too, ;shall be no higher than four feet. The applicant has applied for ;a variance to allow the existing gates to remain as constructed and to be incorporated in the future fence. If a variance is granted, the applicant must, apply to the ERPB for re- evaluation because the gates as constructed do not follow the original proposed design. Staff does not recommend ,approval The Chair asked if there were any questions from the Board to Staff for clarification. Ms. Thorner asked what was the original proposal Mr. Kobola left the chambers to Locate the ERPB files so that the Board can review the original proposal. These files indicate that the ERPB approved a four foot high gate with rectangular designed ironwork, different from the eight foot high artistically designed ironwork. There is no existing wall, only shrubbery surrounding the property so the gate is freestanding with two pairs of columns, one at the walkway and one set at the driveway. There being no other questions by the Board, Chairman Gutierrez deemed the Public Hearing to be open, asking for those present wishing to speak either for or against this request. The applicant, Maria Diaz signed in, presented photographs and explained that she changed the design and height of the gates because this is the only way to make it look pretty and impressive. The problem, according to Mrs. Diaz, is because the pool is located in front of the house. After everything was approved Mrs. Diaz felt it was a mistake. Mr. Parr asked why the applicant had not tried to get a variance before constructing the gates. To that Mrs. Diaz said that she felt the only way to show how it would look was to ao ahead with the construction and "cross that bridge when she came to it." By that, she knows it is a mistake but, to her, this is the only way it looks pretty. Also, the gates were to keep anyone from going into the front yard. However, several of the Board members had driven by the location, noting that there is no PB Minutes 1 12 -29 -92 s off 2 fence connected to the gates. Therefore, anyone wishing to can enter through the shrubs. Mr. Parr is concerned that there is a finished structure which was "not properly prepared" at the beginning. - Because the Board must consider that proper procedures were not followed, they will be considered "the bad guys ". The Chair asked for anyone else wishing to speak for or against this request. Cesar H. deBeche signed in stating that he also lives at the home of Mr. & Mrs. Diaz. Mr deBeche said that the whole idea is to keep the pool away from people. He said that they did understand that zoning like for them to do what had been approved but that it would not look good for the neighborhood or the property values of the neighbors.'- Dr. 'Paul Young, 6825 SW 64 St., neighbor to the Diaz property signed in, adding his approval for the gates as constructed Mr. Pablo Diaz signed in, explaining that they wanted. to do something to keep people from getting to the pool and enhance the neighborhood. They didn't feel they were doing anything wrong. There being no one else to speak either for or against this request, the Public Hearing was closed and the Board declared in Executive Session. Mr. Parr fears setting a precedent by approving an already constructed eight foot gate whereby the property owner can return and say that he would like an eight foot wall to go with the eight foot gate. There are procedures in place in the City to be followed if a property owner wished to construct anything other than that allowed by code and that everyone should follow the same procedures. Mr. Parr has been involved in the same process when erecting gates at his own home and he followed the prescribed procedure. He feels uncertain at the lack of understanding on the part of the homeowner. Ms. Wright noted that the height and the total design was changed, it was as if they had never appeared ;before the ERPB. The question is why did they bother to come to the ERPB at all, they did what they wanted to do in the final analysis. Ms. Thorner agreed with Ms. Wright, adding that she sees nothing wrong with the original proposal. Mr. Jorczak is also concerned about the possibility of a later request for an eight foot fence. He feels that the original proposal would have been very attractive had it been installed. Mr. Lef ley noted that Mrs Diaz had implied that there was some PB Minutes s 3 12 -29 -92 confusion in the permitting process asking Ms Lama for clarification. Ms. Lama replied that, to her - understanding, the permit was issued based on the four foot gate which was approved by ERPB. Mr. Kobola said that the permit was issued after the change in code to the four foot maximum was adopted. Mr. Gutierrez advised the applicants, that the Planning Board must follow the code as adopted. This is the basis upon which this Board exists. They may appeal to the City Commission who may take other factors into consideration in making a final decision. The Chairman called for a motion. Mr. Parr made a motion to deny the request as presented for a variance under PB -92 -429: Seconded by Ms. Wright. Vote: Denial approved: 6 opposed: 1 (Lefley) Ms. Wright asked whether or not, should the City Commission grant approval of this request, the applicants will be required to return to the ERPB for final approval of the final design. Ms. Lama said that this would be the case. V. Remarks. Ms. Thorner suggested to Staff, as in the case of tonight's meeting where only one item appeared on the agenda, would it be possible to hold that item over until the next meeting.` This would be more convenient, particularly during the holidays., Ms. Lama said that Staff will try to do this whenever possible. Mr. Gutierrez, using the Diaz case as an example, asked Staff why the code was changed requiring four foot height for fences from the previous six foot. Ms. Lama noted that the commission expressed a concern that the appearance of a six foot fence is overwhelming and that security is more difficult at that height. Mr. Gutierrez is bothered that a four foot fence in front of a house is not realistic from an architectural point of view. He noted that Coral Gables limits the solid part of a fence to four feet but additional height up to six foot can be added with the use of wrought iron. Mr. Lefley asked staff to find out from the Comprehensive Plan why `this height was recommended. Ms. Lama noted that at the same time the Commission lowered the fence requirement to four feet in the front', they also prohibited the use of chain link altogether. PB Minutes FBI 12-29 -92 4 'i fs. Thorner noted that the increasing number of fences is creating walled city and she is opposed to any ;changes which would provide -or more fencing of any type fr. Parr said that he would have no problem recommending the jranting of a variance for a six foot fence in front of some of the Larger homes where the scale would cause a four foot fence to appear out of proportion. Kr. Gutierrez made a motion to recommend to the City Commission to "revise height restrictions on front fences to allow above four feet for two feet to equal six feet, column masonry pilaster, wrought iron or decorative metal up to six feet, columns of gate posts and gates up to six feet." Seconded by Mr. Parr. Vote: Approved: 4 Opposed 3 (Wright) (Thorner) (Jorczak) VI. Adjournment. Secretary Chairperson PB Minutes 12 -29 -92 5 I 4 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST PURSUANT TO SEC. 20 -3.5 (E) OF THE LAND DEVELOPMENT CODE FOR A VARIANCE TO ALLOW- A REAR SET BACK OF EIGHTEEN (18) FEET WHERE TWENTY FIVE (25) FEET IS REQUIRED IN THE RS -4 (SMALL LOT SINGLE FAMILY) DISTRICT BY HABITAT FOR HUMANITY FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 6075 S.W. 63RD TERRACE, SOUTH MIAMI, FLORIDA 33143 (A SINGLE FAMILY RESIDENCE) AND LEGALLY DESCRIBED HEREINAELOW WHEREAS) Habitat for Humanity requested the planning Board of the City of South Miami, Florida for a variance from section 20 -3.5 (E) of the Land Development Code of the City of South Miami to allow a rear setback of eighteen (18) feet where twenty five (25) feet is required in the RS, -4, (Small Lot Single Family) District for the property known as 6,075 S.W. 63rd Terrace, South Miami, Florida 33143 (a single family residential property), which property is legally described as follows: Lot 73, less the South 17.5 feet thereof Block 13, FRANKLIN SUBDIVISION, as recorded in Plat Book 5, Page 34, of the Public Records of Dade County, Florida. WHEREAS, staff did not recommend approval; and WHEREAS, on January 26, 1993, the Planning Board voted to recommend approval of the request by a 7 - 0 vote; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of Habitat for Humanity for a variance from Sec. 20-3.5 (E) of the Land Development Code of the City of South Miami to allow a rear setback of eighteen (18) feet where twenty five (25) feet is required in the RS -4 (Small Lot Single Family) District for the property known as 6075 S.W. 63rd Terrace, South Miami, Florida 33143, be, and the same hereby is, approved. M� MAYOR ATTEST CITY CL8RK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 I I Area map indicating subject properties and mailing area 4 ^ M z':, 7. 4 T L-L - P I .P 0S. J A7 ^ H Q rl 1 - .r -...T 1 IQ "Y' .-T C P A i �+ m ` N Z� ri h 4 ^ M z':, 7. 4 T L-L - 6 PB -93 -002 Habitat 6075 SW 63 Terrace Page 10 of 11 P .P -r l� �V V C� > tils _ J VN ' N w1 p VJ ..r 6 PB -93 -002 Habitat 6075 SW 63 Terrace Page 10 of 11 I 3 7 M ZON=NG PETIT =ON Petition: We, the undersigned property owners, are within 500 feet of the above property. We understand \ and approve of the following Request(s); 16 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of fifteen (15) feet where twenty five (25) feet is required in the RS -4 Small 7.�ot Single - Family Residential District. ' . Request: Variance from Section 20 -3.5E of the Land Development Code to allow a rear setback of eighteen (18) feet where twenty five (25) feet is 'required in the RS -4 Small Lot Single - Family Residential District. Legal: Lot 73, less the South 17.5 feet thereof, Block 13, FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida. Address: 6075 S.W. 63rd Terrace South Miami, Florida 33143 (A residential property) Name Date Address Zoning Petition 1 6 January 93 IX -� Staff Report for PB -93 -002 P B— 9 3 — 0 0 2 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of fifteen (15) feet where twenty five (25) feet is required in the RS -4 Small Lot Single- Family Residential District. Request: Variance from Section 20 -3.5E of the Land Development Code to allow a rear setback of eighteen ('18) feet where twenty five (25) feet is required in the RS -4 Small Lot Single - Family Residential District. Legal: Lot 73, less the South 17.5 feet thereof, Block 13, FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida. Address: 6075 S.W. 63rd Terrace South Miami, Florida 33143 (A residential property) ANALYSIS The roadway dedications on Franklin and Pines subdivisions in the City of South Miami, do not conform with Section 20 -3.6 (F) of the Land Development Code, which in Subsection (e) requires a minimum dedication of fifty (50) feet for the public right -of -way. The variance applications for the Habitat, projects located in the Franklin and Pines subdivisions should be accepted for approval, pending a Land Development Code amendment. PB -93 -002 Habitat 6075 SW 63 Terrace Page 2 of 11 PB -93 -002 Lp-,� Application for Public Hearing before Planning Board City of South Miami 6130 Sunset Drive. South Miami. Florida 33143 v APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD IAPPlicant: 4-A-61 7-A7- Phone: 6170- 2'2 -2- Property Owner:(' t'ff1'(" Signature: Address: 0-?5 51� -3 �r7t Phone Number: Represented By :- Organization: /rr�--- Address. Phone; Architect /Engineer: 611 Ur/ Mf-cZr Phone: DATE FILED 1? COMMISSION Z L(s ADVERT DEADLINE l 1 9 3 OTHER INFO Owner Option to purchase _ ,Contract to purchase _ Copy attached ?_ I1 applicant is not - Owner, -is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION i Lot(s) 73 617511 Block IL Subdivision PB PB Metes Metes and Bounds: Township Section Range APPLICATION IS HEREBY MADE FOR THE FOLLOWING: _Z/Variance _ Special Use _ Rezoning _ Text Amendment to LDC Text Amendment to Comp Plan _ PUD Approval , PUD Major Change Briefly explain application and cite specific Code sections: SECTION: 20 -3 �SUBSECTION: � PAGE is 6/ / AMENDED DATE: DLr VZ SUBMITTED MATERIALS Letter of intent ✓tatement of hardship ` Reasons for change: from owner /tenant inherent in the land list justifications -L14roof of ownership _ Power of attorney _/Contract to purchaser current survey _ 7 copies of Site Plan within 3 years 1 reduced @ 8.5^ x 11" t! Required feels) for cost of advertising The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to the beat of the applicant's know edge and belief. it ZFf Yz- "G Date Applicant's Sgnat s and title Upon receipt, applications and all submitted materials will be reviewed for Compliance with City Codes and other applicable` regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY DATE PB HEARING Z(o 9?' DATE FILED 1? COMMISSION Z L(s ADVERT DEADLINE l 1 9 3 OTHER INFO Habitat 6075 SW 63 Terrace r cQ99ARTZV REJECTED / 3 PETITION REQUIRED PETITION ACCEPTED Page 3 of 11 �•nr December 29, 1992 Page 1: Letter of Intent by Applicant HABITAT FOR HUMANITY OF GREATER MIAMI building houses in partnership with God's people in need City of South Miami 6130 Sunset Drive South Miami, Florida 33144 Attn: Sonia Lama Building and Zoning Department Re; variance Application Letter of intent /Hardship Statement Lot 73, less the south 17.5 feet thereof, Block 13 Franklin Subdivision (6075 S.W. 63 Terrace) Dear Ms. Lama: Habitat for Humanity of Greater Miami, Inc. hereby requests yard setback variances to be able to build a three- bedroom, one -bath house on the above referenced lot. This lot is located in an older neighborhood which has been platted for many years. As a result, I have been informed that no variance is required for minimum lot size for this lot. Yard setback variances are needed because the required minimum setbacks in the City's Land Development Code were established with the larger minimum lots in mind. The existing houses in the neighborhood do not comply with the setback requirements either. The specific variances requested for this lot are as follows: Front-15' (25, required) Rear -1819" (25' required) One reason that Miami Habitat is requesting these variances is because its house plans call for a covered front porch. It is believed that this porch adds more to the quality of life for the future homeowner and for the neighborhood than strict adherence to the setback requirements. Of note is the fact that the variance required to build these Habitat for Humanity houses are in line with the goals and objectives of the City's comprehensive plan (see page 3.14, Plan page 85, Housing, Goal 1, Objective 1.3, Policy 1.3.1 and 1.3.2.) Habitat For Humanity of Greater Miami / P.O. Box 560994 / Miami, FL 33256 -0994 / (305) 670 -2224 PB -93 -002 Habitat 6075 SW 63 Terrace Page 4 of 11 ,: ;,.� _'T.•m —�^ia 5Y Z!Y S" r ": , �, ,,M,s . ,..R�19��'.�."'. T iP 'r:2. "'^5_ ,?_S,R.`T+ � i�`_", r � ^ - mmm`3PRS`rze" : _r�^'.".�'Y Page 2: Letter of Intent- by-Applicant Thank you for your consideration of this matter. Please call me if you have any questions at all. cerely, Dirk J. Holkeboer Executive Director PB -93 -002 Habitat 6075 SW 63 Terrace Page 5 of 11 i Page 1: Copy of current survey i LoT- SZ �o n, Q� —1' zaa.o.oBE. Z jrAsphalt Centerline Cowete it s✓ Rigby of-Way Overhead Wires c4< Chain Link Fence Elwwim N^^ Water Meter U/° UttTtty Pole FN Fire Hydrant Al v. Water Valve 2 V� Y i C 3t=En Tot Habitat for Humanity of Greater Miami, Inc.. a Florida not -for -profit Corporation. DESIGNED BY CHECKED BY \ c Lot .3, lei the South 17.5 ' feet thereoL \\ AM PAN I LE & A 9 DRA BY �C � CHECKED BY r a \ ENGINEERS PLA DATE PROJECT NO. dd 1,2. .7z �� 7 according to the Ptat thereof, as recorded AoT zz in Plat Book S. Page 34, of the Public Records of Dade County, Florida. nor 7-1- SCALE \,Y� r TEUM44ONE: FACS31ALE: FIELD BOOK REFERENCE BOOK 23 7 7 00) - falVDit� /Rat/ /iiii SEr /6'o'�i•T) n..wrS.a,. N. �b jrAsphalt Centerline Cowete it s✓ Rigby of-Way Overhead Wires c4< Chain Link Fence Elwwim N^^ Water Meter U/° UttTtty Pole FN Fire Hydrant Al v. Water Valve 2 V� Y i C 3t=En Tot Habitat for Humanity of Greater Miami, Inc.. a Florida not -for -profit Corporation. DESIGNED BY CHECKED BY \ c Lot .3, lei the South 17.5 ' feet thereoL \\ AM PAN I LE & A 9 DRA BY �C � CHECKED BY Z Block 13, FRANKLIN SUBDIVISION, \ ENGINEERS PLA DATE PROJECT NO. = 1,2. .7z �� 7 according to the Ptat thereof, as recorded 018 in Plat Book S. Page 34, of the Public Records of Dade County, Florida. \• COPAL GABLES, SCALE TEUM44ONE: FACS31ALE: FIELD BOOK REFERENCE BOOK 23 7 7 PB -93 -002 7.1, Li Habitat 6075 SW 63 Terrace Page 7 of 11 PB -93 -002 Page 2: Copy of current survey NOTES: Examination of the Abstract of Title will have to be made to determine the recorded instruments, if any, affecting this property. Elevatiow are based upon N.G.V.D. 1929. SET PIPE denotes set W iron pipe and cap stamped 'C&A F•1678'. Property lies in the National Flood Insurance Program's Flood Insurance Rate Map No. 125098 0276 F, November 4, 1987, Zone ')C; area outside the 500 year flood zone. WE HEREBY CERTIFY that to the beef of EL fat w jaziew our knowledge and belief the attached SKETCH OFSURYEY - meetethe minimum J7C` SSOCIATES, INC. technic °' Board of set rveyor@ NNERS SURVEYORS ppursuant to Section 472.027, Florida Statutes, anal C4a�, -ems zi- n'.v- 6,f,I.G. RW, surm 906 Pfd # 4W 9L0WQA 83154MO STAT[ of /Snl°oA " OM ""Ica flat ►L41 D 110T VALID � M1•T6!!iLLr�o ac"I MM AL A" Habitat 6075 SW 63 Terrace Page 8 of 11 "- `- ..._.,,f �... w-��x =�'= ,.: ^�°�,r =.�'sr"^�i �'n..�PN,°i , e'� 'Ti'r . 'r.. ,�, .m- . -.s.,, -z; .ce a-, c3; .'�a, i�.✓.��'w.0 -i :7 --^� - - c"'�S" .� '`3`�;''r , *,Fi:.r^.� °m, r . t`:.z'� i°s . , s RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE PURCHASE OF FOUR DISABLED ACCESSIBLE DRINKING, FOUNTAINS FROM CENTURY PLUMBING WHOLESALE, INC. FOR A TOTAL PRICE NOT To EXCEED $ 3,297.60 BY THE RECREATION DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000 -6430 "RECREATION - EQUIPMENT - OPERATING" WHEREAS, pursuant to the 1992 1993 budget of the City of South Miami, Florida, the Recreation Department was authorized to purchase drinking fountains for City parks; and WHEREAS, the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination on the basis of disability in employment, public services, transportation, public accommodations, and telecommunications; and WHEREAS, Title III of the ADA includes within the definition of public accommodation: "a park, zoo, amusement park, or other place of recreation; a school including nursery schools, daycare center; and a gymnasium, health spa, or other places of exercise or recreation "; and WHEREAS, the City Administration has now obtained at least three bids and recommends Century plumbing Wholesale Inc. with a total cost of S 3,297.60 for a total of four disabled accessible drinking fountains as the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be, and hereby is, awarded to Century Plumbing Wholesale, Inc., in an amount not to exceed I 3,297.60 for a total of four disabled accessible drinking fountains. Section 2. That one water fountain each will be installed at Brewer Park, Dante Fascell Park, South Miami Field, and Murray Park. Section 3.. That the disbursement be charged to account number 2000 -6430 "Recreation - Equipment - Operating ". 6 - r � �, —.. PASSED AND ADOPTED this _,,,,_th day of February, 1993. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 +' me`: �. �+ �^.,-, x° fi`= 1N "r§"�.p�,•��.�r;i�..F"p,•„vC;�. i'.3 s?m4'wrF'�";�:i.=—r n ,�•�_?. .�,,. .�—?. ,r+. -�...r .. ,.�k� �� - t�., �v—,�,� ;.��'..z�..�??°;�'? .�� City of South Miami INTER -OFFICE MEMORANDUM- TO: DATE Mr. William F. Hampton 2 -4 -93 City Manager FP,oM: Jim Cowen sueJECT' Item for City Commission �,�arks & Recreation Director Agenda of 2 -26 -93 i Attached please find information regarding the purchase of 4 drinking fountains to be placed on the City Commission agenda of February 16, 1993. 1 FEB 04 193 09:59 TO 6664591 FROM CENTURY PLUMBING T -974 P.01 "Aft%% Century Plumbing Wholesale, Inc. 10i 901 S.W. 69th AVENUE * MIAMI, FLORIDA 33144 * PHONE: (305) 261.4731 • FAX. (305) 261.0635 SOLD To cuoTED 7a, t_ t DATI Is — ANY QUOTATIONS ARE SUBJECT TO TRIUM ; EPTANCE WITHIN 30 DAYS UNLESS OTHERWISE STATED ITEM No. QUANTITY p DESCAIPTlON 2 { HL4ws UNIT PRICE TOTAL NET TOTAL :3 _'�' C• HAW-<- q �;' + S 4M wkiV G 1"C 370 %Z LO -L L s _ L L V n) e L i V P L s F a -E Acv S 1 0c c. s�T o F -r' � -F t2 t 6 4 { o ry a S M -S -17 n rx Pis; JAN 26 '93 13:21 TO 6664591 FROM CENTURY PLUMBING T -80E 1 rnvvu I LL/CJ lHL LJr7flV^/lVl.� �VU /V /HIIV,�i Models 3176, 3176HFP Vandal- resistant, dual- purpose fountains. Pedestal drinking fountains of distinctive designs whicn accentuate any outdoor set- .� ting. Ideal for pedestrian and wheelchair use The pedestal Is vibracast- reinforced Concrete, in natural Color with Expose!�c Aggregate finish. The pedestal comes with a heavy gauge steei mounting plate with four 5/5" dia. mounting holes. Vandal - resistant features include bubbler sur• �'► ;,�`' ' '�} ',' :�r rounded by an extension of the vibracast �►`=' stone pedestal to deter bubbler damage or �F aestructicn, Satin finish Stainless Steel ; receptor recessed flush to the concrete top to prevent tampering and anchored by � a vandal - resistant bowl holder. Also in- cluded is a vandal - resistant bottom plate. Anti - squirt bubbler is activated by push f; button valve rnounted flusn in front on Model 3176 and lever - handle mounted on side on Model 3176HFP. Units come com- plete with 1'-12" O.D.11 tailpiece, and yz" IPS - screwdriver stop Only one pedestal height available; 33" from ground to rim. ,rJ Model 3176 Vandal- resistant. dual pur- pose founta.n with Exposed Aggregate s3#ir finish. ED Model 3176HFP Same as Model 3176, except with hand- operated lever, freeze - Model 3176 Proof valve: Specify bury depth of waive required. 18" 36 48" 60 Approx.'shipping weights: Model 3176, 355 lbs.'Mocel 3176HFP: 18" 380 ibs./ 36'.' 385 lbs. 48, 390 ibs. /60', 395 lbs, Options at extra cost: 0 Manual or self - closing bibs or hose bibs available'. Specify, (Available on Model 3176 only.) 71 Special color and /or finish upon presen- tation of sample from customer. Ln cc Specittcanons subject to change without notice. Fourth $ Page Streets R0. Box 1999 a n Berkeley, CA 94701 Telex: 33 -6358 DRINKING FOUNTAINS Cable: 'HAWSCO'• Berkeley, CA USA O Phone: (415) 525-5801 HAWS DRINKING FAUCET COMPANY 65 WOOL WHOLESALE PLUMBING SUPPLY 4340 S.W. 74 Ave Miami, F1 33155 -:Or- � Oro J F?►CSIMILE TRANSMISSION [` fl ISM, To: Wa m From: Phone_ (305)266 -7111 (FAX) (305)261-0095 NOTES: 4OWDY -.-7s Qx~ FM V CA `TJ -� 4�5 Q No. of Pages Including Cover: Time: AM/PM Date 4fpl/ y "EB 4 '93 12:04 >^ PAGE .001 (Tj r q G7 0 L" y ^ ^. ... R1 rC V' 'm r? Z C .. m O ID et a V {7 67 2 x IP c. M CT L^ -r7 �D ---0 r�i 107! G) 3K 14 m M ate, ax -_a-; m a,", �� �-C o i o © C+ 0 C a ,, -0 C) Z ro z rr 01 a O ;c Q Cr ID CL xy 3 a ro' rr' 0 :3 ;ni O'r r 1t1 SU`'' a 3 Z'J ti7 z C rn' n rp,, =c . to w �. CL C+ o X) m %n 3' r G C ? nom ►. �, g a CL a rt ni Ln : er u? 7 in r Ln car - -4a? -4 r- M X M iTt � D o 0 2 M rl H •• {Yi r_ V � Lq r- HAWS PEDESTAL DRINKING FOUNTAINS Models 3176, 3176HFP Model 3176 m Specifications subject to change without notion. m s:. Fourth & Page Streets P.O. Box 1999 RRINKIN6 FIMNS Berkeley. CA 94701 Telex: 33-6358 a /// Cable: "HAWSCO Berkeley, CA USA Phone: (415) 525.5801 HAWS DRINKING FAUCET COMPANY 65 Vandal-resistant, dual- purpose fountains. Pedestal drinking fountains of distinctive designs which accentuate any outdoor set- Ting. Ideal for pedestrian and wheelchair use. The pedestal is vibracast- reinforced concrete, In natural color with Exposed Aggregate finish The pedestal comes with a heavy gauge steel 'mounting plate with four /, ' dia. mounting holes. Vandal- resistant features include bubbler Sur - rounded by an extension of the vibracast stoncpedcstal to deter bubbler damage or destruction: Satin finish Stainless',Steel receptor recessed flush to the concrete top to prevent tampering and anchored by a vandakresistant bowl holder. Also in• cluded is a vandal - resistant bottom plate. Anti- squirt bubbler is activated by push button valve mounted flush in front on Model 3176 and lever- handle mounted on side on Model 3176HFP. Units come corn - plete with 1 ? /-," O.D. tailpiece, and 1/2" IPS screwdriver stop. Only one pedestal height available: 33" from ground to rim. U Model 31,76 Vandal - resistant, dual pur -. pose fountain with Exposed Aggregate ti,nish. U Model H<Sam Model 3176. except withlever, freeze - proof valve. pth of valve require $ ;' Approx. shipping weights Model 3176. 355 lbs.; Model 3176HFP. 18" 380 lbs./ 367385 Ibs. /48;' 390 lbs. /60' 395 lbs. Options at xTra Cost: —! Manual or elf -cl ng bibs or hose bibs available. Spe Available on Model 3176 only.) ❑ special loran or finish upon presen- tation ample from custoTer. Model 3176 m Specifications subject to change without notion. m s:. Fourth & Page Streets P.O. Box 1999 RRINKIN6 FIMNS Berkeley. CA 94701 Telex: 33-6358 a /// Cable: "HAWSCO Berkeley, CA USA Phone: (415) 525.5801 HAWS DRINKING FAUCET COMPANY 65 •'I r AIR Fi rU t' ' Acec55 }1+6119 WRMER i.SNn� • R.I(TE �iS ($5.% .•MOl NIM PLRE TEE o •i � �'t'ii�M 11 - LIKacArWOR ra si0P IKq FLOOR U Ne � L22e7mt DI& S L69m) .i-ROO 1701A:60L7 El6BlEp_ _T HOLES (4) \-7 Tf�'!PS WASTE •! `1ti21m)�lElm) — 7l"�rj :LALf(A'oY 11' Jff sr iTCwm 84m 9mr•MtRg 7 • 3r VASMEPLAM CONCRE -M PEDESTAL {.7Q7)70 1y2_ IU03&_1 _: _ • VWNECE r ALL 101WDIA. MOU/TNB �\ 1 UT B a ' WlICETf MOIM BLOCK M' \ 1. j ekSL�]m X { pp((����gg Yam)SS RECESS 1 t�• 4ZE••]01DWG>< M.- I ED ACCESS FPPdL 1 1 •• _� (.3]DrN P4eU 7iSK 6Qi1VPwVE R mP "= — T''� I -w m VQSTE GAOUM LEVEL; 4S)e!1.OTFEISY , I 1 ' L-.- _ f OiL lblDmY Mociet 3176 r.�aHTN6 PWL 'T � T: MOUVTWG DETAL j � � � : !� 'rCpDbUf POA *"IN �w 7r (• u ( I ER US" 2Vr rJ%qATW' "Amy ♦ +I .rte 4. . K��SSCO AG(:Cw d SPRIT - - 7 1044nJ � 77/1-4.D lQOBnJ E 3r t CONCRETE PE�ESDLL 771rS1 Mn (wi) 8:.. II ' 'Ir TW-ft VMSTE(Ai1 ttT2f6tiU %14'(.190Rtl (By MERSY MWTMR IXG PLATE — - us.) �. 4wSTf (CESTT c]iF�g ;N GAW40 LEVEL AS L Dg CONCRETE. . '4 i y. 8/e' +EG11AgFD°s I .• ``' MMl RELCF/ 512E . `�� ID76T7U (+s.- `� �•� ' )0'LOW X21'V/DE/ (4. .� M=S SCLiS 2-v * X6'TMUCK REE FgC)ST LLW — _ ,1 — ��wLIK D PROICIF ppwtN vILVE� — — — PCADt6 FILL NOT iYEE (ROUG1 +•I IN M ENSIORf5 MAY v2•11PS SUPPLY (A.S) — AS RIXXARD WRY 7/2 "(D*rr4 PL:.S OR MMRUS *SPECWY MP7n C7F BURT FOR FREEZE .PROOF MLVE (M-04L /•t BURYG'(.1 2Rm) 9EUJVV FROST LMEI MgYq BY DEPTHS OFte'1ASTmL 76't.974T1 +e-ditPIJ, Model 3376 HFP Specifications subject to change withoutnatiCe. _D BRINONS FInu MNS Fourth & Page Streel3' P.O. Box 1999 1 ■� /! �; Berkeley, "HAW 94701 Telex, 33-6358 Cable: "HAWSCO" Berkeley, CA USA 66 HAWS DRINKING FAUCET COMPANY Phones (415) 525.5801 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO EXECUTE, FILE AND COMMENCE ADMINISTRATION OF A SECTION 125 INTERNAL REVENUE CODE "CAFETERIA PLAN" WHEREAS, section 125 of the Internal Revenue Code of 1986, as amended, provides for a "cafeteria plan" in which employees may select those benefits (e.g., medical, dental, vision care) to be paid biweekly, on a tax - exempt basis, such that the payment for the benefits selected is deducted from an employee's gross salary prior to deduction of Federal Income Tax, Social Security, and Medicare taxes; and WHEREAS, this plan permits employees to pay for these out -of- pocket insurance expenses with tax - exempt dollars; and WHEREAS, the City Commission desires to extend this benefit to all its employees; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Administration be, and hereby is, authorized to execute, file, and commence administration of the attached section 125 "cafeteria plan." PASSED AND ADOPTED this day of February, 1993. APPROVED ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY i MAYOR RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE PURCHASE OF A PRE - DEMOLITION ASBESTOS SURVEY FROM TESTWELL CRAIG LABORATORIES OF`FLORIDA INC. FOR A SUM NOT TO EXCEED 5 2.455.00 FOR THE RENOVATION OF THE CITY'S POLICE DEPARTMENT, CHARGING THE DISBURSEMENT TO ACCOUNT NO. 08 -1911 -3150 "FORFEITURE FUND ". WHEREAS, the City of South Miami budgeted in the 1992/93 budget for renovation of the City's Police Department at 6130 Sunset Drive, South Miami, Florida; and WHEREAS, pursuant to that budgetary authorization, the City Administration has inquired with various testing services for a Pre - Demolition Asbestos Survey; and WHEREAS, the results of that inquiry have been that Testwell Craig Laboratories of Florida, Inc. would provide this service for a sum not to exceed $ 2,455.00; and WHEREAS, the City Administration recommends awarding the Contract to Testwell Craig Laboratories of Florida, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration be, and hereby is authorized to expend the sum not to exceed $ 2,455.00 to Testwell Craig Laboratories of Florida, Inc. for the purchase of a Pre- Demolition Asbestos Survey for the renovation of the City Police Department at 6130 Sunset Drive, South Miami, Florida. Section 3. That the disbursement be charged to account no. 08 -1911 -3150 "Forfeiture Fund ". i i i i -' ':"?t � ,R3 .�... �^;+x;.�^�F":?'S� '� �a a- , €'t ° y .,k „�± E 3 ".. , .:mX -^+- w r a� � .t5� �'u. J�- n':r�... m �..�v .-a �- ��ts.'�[.s^�s°+e e+, - ,. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE EXPENDITURE BY THE CITY MANAGER W A SUM NOT TO EXCEED S 400.00 FOR SURVEYING SERVICES TO DELTA SURVEYORS INC. FOR PROPERTY DESCRIBED HEREINBELOW AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NO: 2100 -5510 "GENERAL CONTINGENCY" WHEREAS, on the City Commission following described A portion of Subdivision, a Public Records and; 1992, by Ordinance number -92- directed the City Administration to sell the real property to Habitat for Humanity Inc.: Lot 116 and Lot 117, University Park s recorded in Plat Book 18 Page 46 of the of Dade County, Florida WHEREAS, as a prerequisite to the sale, the City required a survey of the land in order to accurately determine the land; and WHEREAS, the City has now obtained said survey and received a bill in the sum of $ 400.00 from Delta Surveyors Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration be, and hereby is, authorized to disburse a sum not to exceed $ 400.00 to Delta Surveyors Inc. for surveying services for the aforesaid real property. Section 2. That the disbursement be charged to account number 2100 -5510 "General Contingency ". PASSED AND ADOPTED this th day of February, 1993. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY j o MAYOR t RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO EXECUTE A CONTRACT FOR DEMOLITION OF AN UNSAFE STRUCTURE AT 6290 SW 60TH AVENUE, SOUTH MIAMI, FLORIDA WITH MIGUEL RODRIGUEZ DEMOLITION FOR A TOTAL COST NOT TO EXCEED S 2,600.00 AS DETAILED IN THE ATTACHED PROPOSAL AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2100 -5510 "GENERAL CONTINGENCY FUND ". WHEREAS, the City Administration has determined that the single family structure at 6290 SW 60th Avenue, South Miami, Florida is an unsafe structure and thus constitutes a danger to public health and welfare; and WHEREAS, the Administration has now obtained the attached proposal from Miguel Rodriguez Demolition, for a total cost of S 2,600.00 as detailed therein pursuant to the following govern- ment bid: Dade Countv no. 59232276; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration be, and hereby is, authorized to execute a contract with Miguel Rodriguez Demolition for the demolition of the single family structure at 6290 SW 60th Avenue, South Miami, Florida, for a total cost not to exceed S 2,600.00. Section 2. That the disbursement be charged to account no. 2100 - 5510 "General Contingency Fund ". PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of February, 1993. APPROVED: MAYOR FROMs MIGUEL RODRIQUEZ nEEM01-11 -TON CC:#Or►1771.`', PRGPWiAL. li 211.10 3CI41 WEST 16 STREET #20B DATE tt' t >t3 -nj ;j H I A EiAH t FLORIDA 33016 PH ( 305) 558--6943 PAX tit 1,558...694,1 VE:NLIE;R. REO I. STRAT I ON (Pleases call prior) NAME s CITY CIF. SOUTH MIAMI ;'i'RFE:T c 690 SW 60 t'1Vf' STFtF~FT s 61:30 SUNSET DRIVE CITYs MOUTH f.,Ii'Yt �iCAJTH MIAMI `:lTA F:.s FL. 'l. I P r 3314;3 Ar.',•T s j "HONE. #1(305) 66,3 -•6 300 "X #1(305) 666 -459 a *,.; 514T I ON s SON I A WAO h"reby propose tra fcarrjjvh a) I the! mat ur•ial s and pet-FL7rm el '! Awle labor, necessary for the Compl et icin • cHl.s Our COmpany wi l l not cISSUMe the r esponsiih i l ity -For thfp signing c)f any "AsbPsitcM r +ff idilvit.. A-ff idavit requires testing at'd Our company does not include mt-ly caf those C-cas�t.ar: in th i i; pr Qposal . The rpolaval Of itny Rabostow is the responsib i i i ty cai, that owner, Al 1 areas will kip br OUght. dc;wn no more than two (2) +vat below grOL.i nti -, All material 15 quaranteed t'.ri be awA Ti-*)acii' ipd j and the £-bovFti Work tO be performpci ia-1 riCCor- dints with the dyNawings ano Upecif icAtinn submitted for above work: and compl et%d in a substantial wcarkmanl ike manner tt:tr the SiUm of Dollars 4. 21600.t)0). with payments tti be mncie a% jr i 1 caws; 1.9- .5� -.a • c �' _LF ��n.. ....rl c? ��� �i 4..... '_.... .t E r �_ . Y 1_. up 4►n .. -_.... Arty a1teraation or, d&viation from �zhelv�? �pr�cyi ir.,eat ir!ri� xnKcalvinC,� eer:t.ra cci%ts I wi.1 l be. e*xarc utr!0 c!nt y c..<<ac)n wr-it tvm cir-der,v, . rind w 1 t become an extra thar•ge, over— and cbaye the Nut. imate. All A9r"9ment% c on tiri9ont upon %tr,il.E!-t , ac: c.1..dent% or dell a.,ySi bey (xi C' our ,contra) . OwnEar, to car•r•y f ire, torn4do and Lather- rsrgC:vsj; ar�y i tt iUr -Anc e upon ahcave wort- . Workmen's, Compenspt ion and P(jb l l C I_iahll it.y irmur•xnr-e an above tct be takein out F;asuc,t~r.t +ut 1 y icti.khmittfad Mi,gLj l RodriQUP_ +z t'a+r MiVUWI Rodriguez, riormc)I it,ior) Neste- rt-,i.•: Drupo_ial may tea withdrawn by us 7.+ riat. ;ALLPpted within 30 clays. + +_ .r•r__r. r..I. _w.w.yr.wrnrwwsrw ._._r.w.. -._ •.F/YNY....rw._rvr -wa.......r.... .rnw. r... �..._rlMr.r.. .r.�.._.w .w r_r_ 1._tMlr._._rM..w ►nYYrurr I• •- ._._r... .��r... _w.Vw..r....r._. +/•w_r�_..._. �n.w... _. -..... r -..._ ACCEPTANCE OF PROPOSAL. The pr`ie:vj; j Vl(�at;if iC:ationa and r-Ondi tiCln$: on f i.rest FARM ar•¢) sat: Sfactor.y ;.f,d artt hmraby accmpt -ed . You are .fauthortzmd to do t:h'? warkr sfi 5pcfc i f 9 ecl . Paympnt wi, l t be made 8% out'l i nod abnvew . I f3NA- I °Uf:Er _._. -- ._._..... 1993 -02 -09 10:(11 PAGE = -.'Am, Ke, .. . RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING REPAIR SERVICES FOR POLICE VEHICLE 91 -09 IN A SUM NOT TO EXCEED $1,150.00 TO OTTO JORGE; AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 04 -1500 -4680 "AUTO REPAIRS - SELF INSURANCE FUND" WHEREAS, pursuant to the 1992/93 budget of the City of South Miami, Florida, a s.elf - insurance fund was established for, among other things, the repair of damaged police vehicles; and WHEREAS, the administration has now obtained a repair estimate- of $1,150.00 from Otto Jorge in order to restore the vehicle to service; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is hereby awarded to Otto Jorge in an amount not to exceed $1,500.00 for repairs to police vehicle 91 -09. Section 2. That the disbursement of $1,500.00 be charged to account no. 04- 1500 -4680: "Auto Repairs Self- Insurance Fund." PASSED AND ADOPTED this day of February, 1993. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY I MAYO FIM 12 1 ci G? /S at-1 4 i as j st CUSTOMER'S ORDER No. / 17 , NAME } ADDRESSS� -'� CITY, STATE, ZIP QUAK i 1 fit-- 3 10 14 15 16 p 1 �REC[!VED i sr� 5 2 �r KEEP THIS SUlf 60 REFERENCE It . J ., EST ATE OPSOMM ILO. C0RAL GABLES LINCOLN MERCURY Paint & Body Shop coiiblon Work Rental Cal at Special Rates FRAME & UNlBODY REPAIRS 3191 S.W. 39th Avenue ALL WORK GUARANTEED BENCH SYSTEM `, {,uCoral Gables, Florida 33146 Fast, Friendly Service .- Phone 445.7711 Direct Line 445.7724/25,r - i , ,- n,.�.•� A E85 /ill �4 rvve Z— LM I MILKA49 mAl tvo ;,W-7A!TMM l PHONK No. APPRAISER CLAIM No. DESCRIP ION OF DAMAGE I A 03 r- �. , �� a ow I d/ TOTALS _ a,rw a r00, to bawd upon Ouf REMARKS nsoectlon a Your vshicle am doss . iae repair other than rerhlmsd :ccxswnally sddtkwW dsntsps will :,�- —Prod once the work is dpsns I up, ,,,jonal tapers wit be tstiuhsd: ' ,s will Pe thistle for you as owner. It -got iptsnd to pay with your own oreaiw me" pertain the rtstranm -, ::an deiwsr thstr chsck to you in °.icx uP your vehicle. AN r�0ars thsgt � n full before the vehicle will be ..:rwWer a turned on tns rtaiwartt.�s !�- endof our to must be obtained, heir ;,roudOfour technicians aild their ,amity craftsmanship. Thank you us serve you. Authorization Estimate Good For W 30 Dep 3"1 PARTS PRICI s 171 3010 SODY LABOR (► %PHRi 3070 FRAMELASOR 101111.011 i' 3010 PAINTLASOR ry MR0.e L, 3900 MECH. LA RB "es t' 31E0. , SUPPI.IEB': 3961 SUBLET 9' 3951 TOWING i W, HAZARDOUS AIMS DISPOSAL 91, 2 s0 _�t TAX d • 7 $ y A no Uunramees vn rwsi ■9}s RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $4,230.50 REPRESENTING FEES INCURRED FOR LEGAL SERVICES BY GREGORY BORGOGNONI OF RUDEN, BARNETT ET AL, REGARDING THE BAKERY CENTER AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100 -4910: "COMPREHENSIVE PLANt- SPECIAL ATTORNEY" WHEREAS, by Resolution number 75 -90 -9102 passed May 22, 1990, the City Commission authorized the employment of Gregory Borgognoni of Ruden, Barnett, et al; and I WHEREAS, the City has now received invoices for legal services rendered pursuant to the aforesaid Resolution regarding the Bakery Centre in the amount of $4,230.50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to disburse the sum of $4,230.50 to Gregory Borgognoni of Ruden, Barnett, et al for legal services rendered regarding the Bakery Centre. Section 2. That the disbursement be charged to account number 2100 - 4910: "Comprehensive Plan - Special Attorney" PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 13 day of February, 1993. APPROVED: MAYOR Client No. CI18371 FEDERAL ID# 59- 1307357 RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ATTORNEYS AT LAW 200 EAST BP -1.1 A - - .. -I A - POST FORT LAUDE (3 CITY OF SOUTH MIAMI, FLORIDA City Hall 6130 Sunset Drive Miami, rlo."ida 33143 't4cf -ww• January 10, 1993 nvoice No. 219735 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH File No. 6 Bakery Center. 11/12/92 G. Borgognoni 2.0 350.00 Meeting with Mayor McCann and W. Hampton; conference with-V. Settles; research. 12/02/92 G. Borgognoni 1.5 262.50 Telephone conference with City officials; conference with RTC attorney. 12/04/92 G. Borgognoni 4.8 840.00 Meeting with V. Settles; prepare memo; research regarding same; research regarding all Ch. 380 issues; research regarding possible appeals; conference with S. Tate. 12/07/92 G. Borgognoni 1.9 332.50 Conference with City officials; research regarding various issues. 12/08/92 G. Borgognoni 3.8 665.00 Review papers; attend commission meeting; conference with M. McCann, Com. Carver and W. Hampton; review resolution 12/14/92 G. Borgognoni .3 52.50 Conference with Mayor McCann; conference with Stanley Tate. 12/21/92 G Borgognoni 1.0 175..00 Meeting with Mayor McCann and Stanley Tate; conference with Valerie Settles. 12/22/92 G. Borgognoni 1.2 210.00 Conference with Valerie Settles; review letters. 12/23/92 G. Borgognoni .2 35.00 Conference with Valerie Settles. 12/29/92 G. Borgognoni 1.2 210.00 Meeting with Valerie Settles; telephone conference with W. Hampton. 12/30/92 G. Borgognoni 4.4 770.00 Conference with Valerie' Settles; telephone conference with Stanley Tate; telephone conference_ with William Hampton; research regarding Swarthout's letter regarding zoning options. 12/31/92 G. Borgognoni 1.8 315.00 Prepare memo; further research regarding PUD alternatives. TOTAL HOURS 24.1 TOTAL FOR SERVICES $4,217.50 13 THIS LAW FIRM HAS A LATE CHARGE POLICY SIMILAR TO MOST COMMERCIAL ESTABLISHMENTS. YOU MAY AVOID IMPOSITION OF THIS LATE CHARGE BY PAYING YOUR INVOICE WITHIN 30 DAYS. THE LATE CHARGE IS 1016 OF THE UNPAID BALANCE PER MONTH. Client No. CI18371 FEDERAL IN 59- 1307357 RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ATTORNEYS AT LAW 200 EAST BROWARD BOULEVARD POST OFFICE BOX 1900 FORT LAUDERDALE. FLORIDA 33302 (305) 764 -6660 CITY OF SOUTH MIAMI, FLORIDA January 10, 1993 Page 2 Bakery Center DISBURSEMENTS Fax Charges 13.00 DISBURSEMENTS TOTAL $13.00 TOTAL $4,230.50 IsTHIS LAW FIRM HAS A LATE CHARGE POLICY SIMILAR TO MOST COMMERCIAL ESTABLISHMENTS. YOU MAY AVOID IMPOSITION OF THIS LATE CHARGE BY PAYING YOUR INVOICE WITHIN 30 DAYS. THE LATE CHARGE IS 1% OF THE UNPAID BALANCE PER MONTH. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -5.12 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY ADDING A NEW SUBSECTION "H" TO PROVIDE FOR EXPIRATION AND REVOCATION OF PLANNED UNIT DEVELOPMENTS, PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of south Miami, Florida has heretofore enacted Section 20 -5.12 of the Land Development Code, which section is entitled "Planned Unit Development, Approvals "; and WHEREAS, there presently is no written procedure regarding the expiration or revocation of such planned unit developments; and WHEREAS, the Mayor and City Commission therefore wish to amend Section 20 -5.12 of the Land Development Code to provide a procedure regarding such expiration and revocation; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20- 5.12 of the Land Development Code be, and the same is, hereby amended to add the following subsection "H": (H) Expiration and Revocation of Planned Unit Developments Approval (1) Expiration Planned unit development approvals shall expire one year after the date of final approval by the City Commission if no building permit has been obtained prior to that date. Planned unit development approvals shall also expire if a building permit has been obtained but has itself expired or been revoked prior to construction. (2) Revocation procedures and Standards (a) Revocation Procedures: Planned' unit development approvals may be revoked by resolution of the City Commission. Prior to passing a resolution revoking a planned unit development approval, the City Commission shall hold at least one public hearing which shall be advertised in accordance with the requirements of state law and in accordance with the advertising required by Section 20 -5.12 (D) (2). prior to holding a public hearing to revoke a planned unit development approval, the City Commission shall request a recommendation from the Planning Board which shall hold its own public hearing on the sub3ect prior to giving its recommendation from the Planning Board's public hearing shall be advertised in accordance with the requirements of state law and in accordance with the advertising required by section 20 -5.12 (C) (2). In addition, the owner(s) of record of the subject property shall be notified by registered mail at least sixty (60) days prior to the Planning Board's first hearing on the subject. If the Planning Board fails to hold a public hearing or fails to give recommendation within one hundred twenty (120) days of being requested by the City Commission to do so, then the City Commission may proceed to advertise and hold its own public hearing and to take action without the Planning Boards recommendation, provided that the owner(s) of record of the subject property have been notified by registered mail at least once and at least sixty (60) days prior to the City Commission's first public hearing (b) Revocation Standards: In considering a planned unit development revocation, the Planning Hoard and the City Commission shall evaluate all relevant information' which may come to their attention. A planned unit development approval which, meats all requirements for approval under existing comprehensive plan and zoning designations applicable to the subject property shall not be revoked. However, there shall be no vested Interest in a planned unit development approval per se and any planned unit development approval that Is inconsistent with existing comprehensive plan or zoning, designations may be revoked; indeed, such inconsistency may be deemed sufficient grounds for revocation of any planned unit development approval. The phrase "any planned unit development approval" in the preceding sentence shall include approvals for projects which have! been fully or partially constructed. I'n the' case of such projects;' the revocation of the planned unit development approval shall not in any way cancel any vested right which may apply to the already completed buildings and structures themselves. Section 2. If any section, clause', sentence or phrase of this Ordinance is held to be invalid or 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. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 4. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this _th day of 1993. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 14 ..e.,., -;--' n: ° „� � .:S'TM?#c .�- E;�;�s ..,..', .. 'A ,,� FE ,'trv.v P ;q, xrvr... � �i-.t�� —. �^ _,t�,?�Gb'";�r P+ti'.�'s�f"r,'; F n .�. .m,� — _:. ,a'ys�' - .'':�.,xz�-�;;rt'r:7?: ^'...�� u���! -.: ➢.le�§"T., r.ta.�' RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE EXPENDITURE BY THE CITY MANAGER FOR A SUM NOT TO EXCEED S 400.00 FOR SURVEYING SERVICES TO DELTA SURVEYORS INC. FOR PROPERTY DESCRIBED HEREINBELOW AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NO: 2100 -5510 "GENERAL CONTINGENCY" WHEREAS, on 1992, by Ordinance number -92- the City Commission directed the City Administration to sell the following described real property to Habitat for Humanity Inc.: A portion of Lot 116 and Lot 117, University Park Subdivision, as recorded in Plat Book 18 Page 46 of the Public Records of Dade County, Florida and; WHEREAS, as a prerequisite to the sale, the City required a survey of the land in order to accurately determine the land; and WHEREAS, the City has now obtained said survey and received a bill in the sum of $ 400.00 from Delta Surveyors Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration be, and hereby is, authorized to disburse a sum not to exceed S 400.00 to Delta Surveyors Inc. for surveying services for the aforesaid real property. Section 2. That the disbursement be charged to account number 2100 -5510 "General Contingency ". PASSED AND ADOPTED this th day of February, 1993. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY I "' APPROVED: MAYOR RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO EXECUTE A CONTRACT FOR DEMOLITION OF AN UNSAFE STRUCTURE AT 6290 SW GOTH AVENUE, SOUTH MIAMI, FLORIDA WITH MIGUEL RODRIGUEZ DEMOLITION FOR A TOTAL COST NOT TO EXCEED S 2,600 00 AS DETAILED IN THE ATTACHED PROPOSAL AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2100 -5510 "GENERAL CONTINGENCY FUND ". WHEREAS, the City Administration has determined that the single family structure at 6290 SW 60th Avenue, South Miami, Florida is an unsafe structure and thus constitutes `a danger to public health and welfare; and WHEREAS, the Administration has now obtained the attached proposal from Miguel Rodriguez Demolition, for a total cost of $ 2,600.00 as detailed therein pursuant to the following govern- ment bid: Dade County no. 59232276; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration be, and hereby is, authorized to execute a contract with Miguel Rodriguez Demolition for the demolition of the single family structure at 6290 SW 60th Avenue, South Miami, Florida, for -a total cost not to exceed S 2,600.00. Section 2. That the disbursement be charged to account no. 2100 -5510 "General Contingency Fund ". PASSED AND ADOPTED this day of February, 1993. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY PROPOSAL FROM t M I GUEL RODR I OLIE Z DE:MOLA I'T ON CC OO(i 1 771. ` -i PROPOE. ;AL. 021,10 3041 WE::S'f 76 STREET 4# 206 DATE- H I ALEAH t FLORIDA 33016 PH. (305) 556--6943 PAX #t t`;58-6943 VENDER RVOI F37RAT 1 ON It (P) ewer call prior-) ��' i�► ��.. ��- ..`�!- !�I:'!.�;:T::��.�!._��� ._..__.._."...,. .wcaF�f�1��.�E �= �E:;'F���titM�: n._..__...._--._._...-- NAME t CITY OF SOUTH MIAMI REET t 6 2 YO SW 60 AVf' STREET t 6130 SUNSET DRIVE C:ITYt MOUTH F1. C;ITY: KiC:IUT'A MIAMI STAT t FL Z I P t 3314;3 AF.''T' t J-'HUNE #4(305) f46,3- •6':300 4AX #1(305) 666 -45 1 fz%., TENT I0N >; SON I A WO hrAreby propose to furnish all t.he mAtvrial s and pey-Furm al 'I 'une labor neve r,%ary for the c omp l et ican • c►3;., nur company wil l riot; assume t:ho rresporis,ibil it.y for- the, sier►inq of any rask►otjtc►� r+ffic)&vit,. A44idavi.t rr =quaire5 tortinw and our company does not include mny r ►f those collt.si in th i% pr•raporw . The rpmt►val Of any aubestow is t.t- ►e responsi.b i l i t;y c)j. the vwnup . Fll 1 areara will t►e brought dc;wn nca morn than two (2) feat below ground -. All material is tluarafiteed to be as Tr1aci+igcf, and the above work to be per,+or'me *ci i ►+ Accordings with the drawing3 ar ►ei upQC;if icAt:ir.,n %ubmitt:ed for Above work; and CoMpl et*d in a substantial workmanlike mariner +ar tt-►e sjum of t Eiol lar,s 4 2,60U.o(;)) . with payments to by mnde as f of 1 aws' t _ t:�l � _4kE l t i�.� p h�.�!nt�?l? �..� i�f:_ ci.4ti='.... rl.f' .!. �,t E r•' �.t� �!t..►. to �1_.. (_;.i�;'_�._...�� �:�! ��._4l.�? t� n T �j� r lip w.^aae^.�,�,,�a•�m�.-,. 'f'x�- m.,.:r n."S- �.^4�:.� -,� ., . -�,- Arty altet-a-xtic)n or, devicition +rc)(ti ;�ibQvop R)!t-.r-s costs, wi. 11 b(4 fexsvutrid c)nl ,, wr -J t tv n ord&pr,sr� . arld Pli I i bQc:DMe an extra charqw civer and above the Nut. iniate . Al I Agreements cont ingent upon strik-e's I &Lei dents or del A. ysi bvyc►rlci aw cantroi . Owntor to carry f ire, torn,.;Rdo and other nocus%ary ifl%Ur•Ancv upon ahove work. Worl-mcrri's Compensart ion anci Pj..jb'j 4c ity InsurAnce on above wc)r•t.* to Up taken c)ut Fjy tM Respeatf Ul I Y J:J%.jbMjttfjd Migl..Jel RodrlqLlfPZ Plmr Mi9uwl kodrigue3r I j t. J gr) Note-Tf•)Je Drapotial MAY WR withdrawn by LIS j.+ riat 4AULVpted within 30 ACCEPTANCE OF PROPOSSWIL. The pr,1cwl;j uPfOcif i cat iOnm and c0rlditiOrll; c,)n 4-jt-%t P^ l3&tiT;ft%c:t0r-y Arid A%r'Q heraby %c;cmp` tc-d - You are -',kuthcrjziRd tc, Cjj_l the work &5i SPOC 1 f i Qd F'aympnt wi I I tle made a's Out'l I nod above► 'NA-1 I SIGNATUR4 1993-02-09 11) : 0 1 PAGE = lV-; RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY_ COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING REPAIR SERVICES FOR POLICE VEHICLE 91 -09 IN,A SUM NOT TO EXCEED $1,150.00 TO OTTO JORGE; AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 04- 1500 -4680 "AUTO REPAIRS - SELF INSURANCE FUND" WHEREAS, pursuant to the 1992/93 budget of the City of South Miami, Florida, a self - insurance fund was established for, among other things, the repair of damaged police vehicles; and WHEREAS, the administration has now obtained a repair estimate of $1,150.00 from Otto Jorge in order to restore the vehicle to service; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is hereby awarded to Otto Jorge in an amount not to exceed $1,500.00 for repairs to police vehicle 91 -09. Section 2. That the disbursement of $1,500.00 be charged to account no. 04- 1500- 4680: "Auto Repairs - Self- Insurance Fund." PASSED AND ADOPTED this day of February, 1993. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY lob R t r I I 12 Jo KEEP THIS Sd"btj REFERENCE �- ESTUAT$ OFSOMM 11to. CORAL CABLES LINCOLN MERCURY - Paint & Body Shop Common work A `_ Ronhfl Cara at 6pefoial Rates i -RAME & UNIBODY REPAIRS 3191 S.W. 39th Avenue ALL WORK GUARANTEED Coral Gables, Florida 33146 Fast, Friendly Service BENCH SYSTEM r ,- , S "` Phone 445 -7711 � Direct Line 445.7724/25 AD ESS / DATE //y "- va TYPE L hj L MAlfip 7 NO. J APPRAISER CLAW QPP�Q °G� DESCRIP ION OF DAMAGE J-4 y a aj cry 9fA� ,o- r► Y 4' oey ..r — . -� a -1 z� t TOTALS 3411 PARTS PRICE a /71 7. ::amage report to teesd: upon our REMARKS nsoectron of your vehicle end Coss 3010 SMY LABOR j► %1HIIS. :', e< .i iae repairs other than .tlemtaW 3610: FRAMEtASOR MRS.rai i ]ccasrotelfy additional darting. will _ �\ veered once tie wait la o0f•tn' up; 30 10 PA LABOR r �) PAINT masi I 111 1 ,uxmi ropers wtM be requaW will be made for you «owner. If ors m wt mt«rd to par with your own moose make contain tie. reU r ra a -� 3100 MECH. LASM Will sl ir of to you in -r ::an deilver t e DECK up your vehicle. All Ceps mint .3000... SUPPLIES full '. bsfors the vehicle will be �/--�-- -�\ nc)Ider is .101, On the IneUrarrY 3061 SUBLET 3051 TOWING s'... if enoorsernern must be obtained. proud', of our technicians and their. auauty craftsmanship. Thank you us serve ya . 0001` HAZARDOUS W t $' TAX Authorization Estimate Good For 30 Dhra /� tev auarsnivats vn tRUiti � '- 13 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $4,230.50 REPRESENTING FEES INCURRED FOR LEGAL SERVICES BY GREGORY BORGOGN'ONI OF RUDEN, BARNETT ET AL, REGARDING THE BAKERY CENTER AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100 - 4910: "COMPREHENSIVE PLANS - SPECIAL ATTORNEY" WHEREAS, by Resolution number 75 -90 -9102 passed May 22, 1990, the City Commission authorized the employment of Gregory Borgognoni of Ruden, Barnett, et al; and WHEREAS, the City has now received invoices for legal services rendered pursuant to the aforesaid Resolution regarding the Bakery Centre in the amount of $4,230.50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to disburse the sum of $4,230.50 to Gregory Borgognoni of Ruden, Barnett, et al for legal services rendered regarding the Bakery Centre. Section 2. That the disbursement be charged to account number 2100 -4910: "Comprehensive Plan — Special Attorney" PASSED AND ADOPTED this day of February, 1993. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR `*�a.;=«,�";F�'.:�;,,�a:^tr., ,r -!` .,5...,r „,.ra �.-#.: t.+�ar;4'- ';^r:, ,.a n„n*„ 3+-, ",r. i�s:^�,Frt.F3� §�;•� a3'tF,e` -ss Client No. CI18371 FEDERAL IN 59- 1307357 . RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ATTORNEYS AT LAW 200 EAST BP ^` "' "on — n —non POST FORT LAUDE (3 CITY OF SOUTH MIAMI, FLORIDA City Hall 6130 Sunset Drive Miami, Florida 33143 PNcL ww.- January 10, 1993 nvoice No. 219735 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH File No. b Bakery Center. 11/12/92 G. Borgognoni 2.0 350.00 Meeting with Mayor McCann and W. Hampton; conference with V.'Settles; research. 12/02/92 G. Borgognoni 1.5 262.50 Telephone conference with City officials; conference with RTC attorney. 12/04/92 G. Borgognoni 4.8 840.00 Meeting with V. Settles; prepare memo; research regarding same; research regarding all Ch. 380 issues; research regarding possible appeals; conference with S. Tate. 12/07/92 G. Borgognoni 1.9 332.50 Conference with City officials; research regarding_ various issues. 12/08/92 G. Borgognoni 3.8 665.00 Review papers; attend commission meeting; conference with M. McCann, Com. Carver and W. Hampton; review resolution. 12/14/92 G. Borgognoni .3 52.50 Conference with Mayor McCann; conference with Stanley Tate. 12/21/92 G. Borgognoni 1.0 175.00 Meeting with Mayor McCann and Stanley Tate; conference with Valerie Settles. 12/22/92 G. Borgognoni 1.2 210.00 Conference with Valerie Settles; review letters. 12/23/92 G. Borgognoni .2 35.00 Conference with Valerie Settles. 12/29/92 G. Borgognoni 1.2 210.00 Meeting with Valerie Settles; telephone conference with W. Hampton. 12/30/92 G. Borgognoni 4.4 770.00 Conference; with Valerie Settles; telephone conference with Stanley Tate; telephone conference with William Hampton; research regarding Swarthout's letter regarding zoning options. 12/31/92 G. Borgognoni 1.8 315.00 Prepare memo; further research regarding PUD alternatives. TOTAL HOURS 24.1 TOTAL FOR SERVICES $4,217.50 13 THIS LAW FIRM HA S A LATE CHARGE POLICY SIMILAR TO MOST COMMERCIAL ESTABLISHMENTS. YOU MAY AVOID IMPOSITION OF THIS LATE CHARGE BY PAYING YOUR INVOICE WITHIN 30 DAYS. THE LATE CHARGE IS 1 % OF THE UNPAID BALANCE PER MONTH. Client No. CI18371 FEDERAL ID# 59- 1307357 "RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ATTORNEYS AT LAW 200 EAST BROWARD BOULEVARD POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (305) 764 -6660 CITY OF SOUTH MIAMI, FLORIDA January 10, 1993 Page 2 Bakery Center DISBURSEMENTS Fax Charges 13.00 DISBURSEMENTS TOTAL $13.00 TOTAL $4,230.50 ' THIS LAW FIRM HAS A LATE CHARGE POLICY SIMILAR TO MOST COMMERCIAL ESTABLISHMENTS. YOU MAY AVOID IMPOSITION OF THIS LATE CHARGE BY PAYING YOUR INVOICE WITHIN 30 DAYS. THE LATE CHARGE IS 1% OF THE UNPAID BALANCE PER MONTH. H ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -5.12 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY ADDING A NEW SUBSECTION "HI' TO PROVIDE POR EXPIRATION AND REVOCATION OF PLANNED UNIT DEVELOPMENTS; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted Section 20 -5.12 of the Land Development Code, which section is entitled "Planned Unit Development Approvals "; and WHEREAS, there presently is no written procedure regarding the expiration or revocation of such planned unit developments; and WHEREAS, the Mayor and City Commission therefore wish to amend Section 20 -5.12 of the Land Development Code to provide a procedure zegarding such expiration and revocation; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -5.12 of the Land Development Code be, and the same is, hereby amended to add the following subsection "N ": (H) Expiration and Revocation of Planned Unit Developments Approval (1) Expiration Planned unit development approvals shall expire one year after the date of final approval by the City Commission if no building permit has been obtained prior to that date. Planned unit development approvals shall also expire if a building permit has been obtained but has itself expired or been revoked prior to construction (2) Revocation Procedures and Standards (a) Revocation Procedures: Planned unit development approvals may be revoked by resolution of the City Commission. Prior to passing a resolution revoking a planned' unit development approval, the City Commission shall hold at least one public hearing which shall be advertised in accordance with the requirements of state law and In accordance with the advertising required by Section 20 -5.12 (D) (2). Prior to holding a public hearing to revoke a planned unit development approval, the City Commission shall request a recommendation from the Planning Board which shall hold its own public hearing on the subJect prior to giving its recommendation from the Planning Hoard's public hearing shall be advertised in accordance with the requirements of state law and in accordance with the advertising required by Section 20 -5.12 (C) (2).' In addition, the owner(s) of record of the subject property shall be notified by registered mail at least sixty (60) days prior to the Planning Board's first hearing on the sub3ect. If the Planning Board fails to hold a public hearing or i �-�- w I (b) fails to give recommendation within one hundred twenty (120) days of being requested by the City Commission to do so, then the .City Commission may proceed to advertise and hold its own public hearing and to 'take action without the Planning Boards recommendation, provided that the owner(s) of record of the subject property have been notified by registered mail at least once and at least sixty (60) days prior to the City Commission's first public hearing. Revocation Standards: In considering a planned unit development revocation, the planning Board and the City Commission shall evaluate all relevant information which may come to their attention. A planned unit development approval which 'meets all requirements for approval under existing comprehensive plan and zoning designations applicable to the subject property shall not be revoked. However, there shall be no vested Interest in a planned unit development approval per as and any planned unit development approval that Is inconsistent with existing comprehensive plan or Zoning designations may be revoked; indeed, such inconsistency may be deemed sufficient grounds for revocation of any planned unit development approval. The phrase "any planned unit development approval" in the preceding sentence shall include approvals for projects which have been fully or partially constructed'. In the case'of such projects, the revocation of the planned unit development approval shall not in any way cancel any vested right which may 'apply to the already completed buildings and structures, themselves. Section 2. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or 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. All Ordinances or parts of ordinances in conflict herewith be, and the same are, hereby repealed. ,section 4. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this _th day of 1993. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 14 APPROVED: MAYOR E t . 1 ORDINANCE NO. V AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -3.4 (B) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI FLORIDA, BY ADDING A NEW SUBSECTION (21) To PROVIDE FOR SPECIAL USE CONDITIONS UNDER WHICH BANKS ARE PRRMITTED ON FIRST FLOOR LEVELS WITHIN THE SPECIALTY RETAIL/ RESIDENTIAL DISTRICT; AMENDING SECTION 20 -3.3 (D) TO CATEGORIZE "BANKS AND SAVINGS INSTITUTIONS" AS SPECIAL USES; PROVIDING FOR 9EVFRABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of South Miami, Florida provides: . .'Banks and similar uses that do not reinforce the comparison retail environment should be prohibited or very strictly limited ; and WHEREAS, there presently exist no standards by Which banks, although "very strictly limited O, can be permitted within the SR District; and WHEREAS, the "Hometown Plan" prepared for the City's SR District, accepted in principle by the City Commission via Resolution 14 -93 -9358, recommends that certain design requirements for bank buildings should be adapted which Will minimize discouraging effects on pedestrian traffic; WHEREAS, the Mayor and City Commission therefore wish to amend Section 20 -3.4 (B) of the Land Development Code to provide standards under which banks are permitted within the SR District and to amend Section 20 -3.3 (D) to categorize banks as a special use; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 --3.4 (B) of the Land Development Code be, and the same is, hereby amended to add the following special use condition (21): (21) Banks and Savings Institutions (collectively "Banks") on first floor levels in SR District. Banks are permitted ass a special Use (5) on first floor levels in the SR District, upon City Commission approval. The following special design requirements shall apply: ISO, I L ` 4 (a) Building Placement. The front wall of the building (the building- frontage) shall be placed precisely on the front property line (which is defined as the narrower lot line that takes a public street), with no setback, except in those circumstances in which insufficient right -of --way is available for a public sidewalk at least 10 feet wide in which case the front wall of the building may be set back on the ground floor only by that depth necessary to create a total width of public sidewalk 10 feet wide; and the building or buildings shall extend along the front lot, line, with building wall for no less than 75% of the parcel width. (b) Qorner Lots. Bank buildings on corner lots shall have transparent windows on both of the two sides that face streets, and shall extend toward the rear of the lot with building wall along at least 40% of the side lot line, (c) Variations. Variations on the storefront design lining the building frontage shall be required at intervals no greater than 60 feet; "variations" include, for example, but are not limited to, such design features as varied size and/or treatment of windows and doors; varied colors and/or exterior materials; varied design and proportions of columns', pilasters, arcades, colnnnades, or ornament. (d) Smacing Q.L Entraances. Where the building frontage exceeds 50 feet, doors or entrances with public access shall be provided along the building frontage at Intervals averaging no greater than 25 feet; bank buildings on corner lots shall place an entrance facing the corner. (e) Arcades or Colonnades. Bank buildings located on or adjacent to Sunset Drive, Red Road or S.W. 73rd Street shall provide an arcade or colonnade over the sidewalk space, and this arcade or colonnade shall be no less than 10 feet in depth, and shall be no less than 12 feet in clear height. On upper floors, habitable and /or leasable space may be built over the arcade or colonnade below, providing those agencies with iuriSdiction over the right -of' -way approve. /li!r (f) Storefrogt Windows. The ground -floor building frontage shall have storefront windows equal to no less than 25% of the ground -floor building frontage wall area, with interior spaces visible beyond from outside, and which are lit from within a night, using full- spectrum type lighting. (g) ground Floor Height. The ground floor of buildings located on or- adjacent to Sunset Drive, Red Road or S.W. 73 -rd Street shall have a minimum finished floor- to-ceiling height of 10 feet. (h) Minimum Building Height. Bank buildings located on or adjacent to Sunset Drive or Red Road shall be no less than 26 feet in height, including parapet, if any; bank buildings on or adjacent to S.W. 73rd Street shall be no less than 20 feet in height, including parapet, if any. (i) Walkup Windows, ATM's, Drive- throuahs. Banks shall be permitted to have walk -up automatic teller machines (ATM's) and walk -up teller windows, but shall have no drive-through facilities. (j) Farkina Lots. Parking areas shall be located toward the rear of the lot, and shall be partially or completely screened from public view from the street(s) 2 n by the building and /or by means of garden walls and /or fences, and these garden walla and /or fences shall be 4 feet high and minimum 50% opaque not including landscaping. The above design requirements shall be in addition to other requirements set_ forth elsewhere in the Land Development Code, except where these design requirements conflict with the current Lana Development Code in which case these design requirements shall apply. The following factors shall also be considered by the City Commission as a basis for determining whether or not a bank should be granted a Special Use permit: possible vehicular traffic; impacts or circulation conflicts; general appropriateness of the use and - architectural design, In context; conformity with the intent of Comprehensive Plan Future Land Use Element Goal 2: to preserve and enhance the pedestrian character of downtown South Miami. Section 2. Section 20 --3.3 (D) of the Land Development Code of the City of South Miami be, and hereby is, amended to change Banks and Savings Institutions from category "P" (permittedBy Right) to category "S" (permitted as Special Use) and to add special use condition (21). Section 3. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or 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 4. All Ordinances or parts of Ordinances in conflict herewith be, and the same hereby are, repealed. Section 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1993. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM. CITY ATTORNEY 3 1"'r 8. OFFICIAL. AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING MARCH 3,;1992` 7:30 PM A. Invocation Next Resolution: Next Ordinance: 3/17/92 Next Commission Meeting: B. Pledge of Allegiance to the Flag of the United States of America C. Presentations D. Items for Commission Consideration: 1. Approval of Minutes of February 18, 1992, City Commission meeting 2. City Manager's Report 3. City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: 4. An Ordinance amending Ordinance 14 -90 -1454 dealing with fee schedules by adding a new schedule "I" "TREE REMOVAL PERMITS "; providing for severability; providing for ordinances in conflict and providing an effective date. (Commission) 3/5 5. An Ordinance amending Section: 3.3 (C) of the Land Development Code, Chapter 20 of the Code of Ordinances of the City of South Miami, Florida, to include a subsection (6) permitting only permitted retail uses on the first floor in the "SR" District; providing for severability; providing for ordinances in conflict and providing an effective date. (Mayor McCann) 4/5 RESOLUTIONS FOR PUBLIC HEARING: 6. A Resolution granting a Special Use Permit to reduce the number of required off- street - parking spaces by 20% as specified in Section 20 -4.4 (H) of the City of South. Miami Land Development Code to Sunset Professional Building from the Planning Board of the City of South Miami, Florida, for property located at 5996 S.W. 70th Street, South Miami, Florida; and legally described herein. (Adm. /Planning Board).. 4/5 7. A Resolution authorizing the expenditure of up to $800,00.0 from the City's Revolving Trust Fund for the purpose of constructing a new public works facility for the City of South Miami to correct the current health and safety violations and providing for interest money that is earned from this account to be placed back into the Revolving Trust Fund Account. (Mayor McCann) 4/5 RESOLUTIONS: 8. A Resolution of the City of South Miami, Florida,_ appointing. Wanda Bostick as a member of the Recreation Board of the City of South Miami, to serve in such capacity until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. (Mayor) 3/5 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Grant Miller as a member of the Recreation Board of the City of South Miami:, to serve in such capacity until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. (Mayor) 3/5 OFFICIAL AGENDA March 3,. 1992 page 2 RESOLUTIONS: 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Jerry Birdwell as a member of the Tree Committee of the City of South Miami, to serve in such capacity until February 17, 1993, or until a successor is duly appointed and qualified, whichever is later. (Mayor) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Peter Lahanas, as a member of the Tree Committee of the City of South Miami, to serve in such capacity until February 17, 1994, or until a successor is duly appointed and qualified, whichever is later. (Mayor) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Doris Rosebraugh, as a member of the Tree Committee of the City of South Miami, to serve in such capacity until February 17, 1994, or until a successor is duly appointed and qualified, whichever is later. (Mayor) 3/5 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Peter Strelkow, as a member of the Tree Committee of the City of South Miami, to serve in such capacity until February 17, 1993, or until a successor is duly appointed and qualified, whichever is later. (Mayor) 3/5 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Lori Yanoshik, as a member of the Tree Committee of the City of South Miami, to serve in such capacity until February 17, 1993, or until a successor is duly appointed and qualified, whichever is later.(Mayor) 3/5 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Mary Slater -Linn, as a member of the Historic Section of the Environmental Review and Preservation Board of the City of South Miami, to serve in such capacity until February 1, 1993 or until a successor is duly appointed and qualified, whichever is later. (Mayor) 3/5 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, a- pointing Joan Yarborough as a member of the Historic Section of the Environmental Review and Preservation Board of the City of South Miami, to serve in such capacity until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. I(Mayor) 3/5 17. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of ten ,park benches, eight picnic tables and four barbecue grills from Southern Park and Play Systems, Inc., for a total price not to exceed $3,278.00 by the Recreation Department and charging the disbursement to Account Number 2000- 6430 "Recreation - Equipment - Operating." (Administration) 3/5 18. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $5,676.36 representing fees incurred for legal representation by Kenneth Myers, of Squire, Sanders & Dempsy, as Bond Consultant; charging the disbursement to Account Number 2100- 9950; "Reserve for Encumbrances. "' (Administration) 3/5 OFFICIAL AGENDA March 3, 1992 ' page 3 RESOLUTIONS• 19. A Resoltuion of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse $29,555.24 to six Police Officers pursuant to a decision of the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, and providing for disbursement from Police Department Account Number 1910 -1210 "Salaries and Wages." (Administration) ,4/5 20. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing execution of an Inter -Local agreement with Metro -Dade County Department of Environmental Resources Management (DERM) for compliance with the Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDE); specifically authorizing payment of $13,888.89 to the Dade County Board of Commissioners as the City's Pro Rata Share; charging the disbursement to Account Number 2100 -5510 "Non Departmental General Contingency." (Administration) 3/5 21. A Resolution of the Mayor and City Commission of the.City of South Miami, Florida, authorizing the City Manager to execute an Acceptance to a Proposal of Norton Engineering Contractors, Inc., in conjunction with JMO, Inc., as the lowest qualified bidders, for a sum not to exceed $27,848.00 for lateral sewer extension and abandoning of septic tanks at the City's Public Works site, and providing for disbursement from Public Works Account Number 05- 1310 -6210: "Revolving Trust Fund - Sewer Improvements." (Administration) 3/5 22. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement with Miami -Dade Water and Sewer Authority Department, for the installation of sewers adjacent to the City of South Miami Public Works Facility; authorizing disbursal of $2,259.00 representing payment of the sewer connection charge; charging the disbursal to Account Number 05- 1310 -6210 "Revolving Trust Fund - Sewer Improvement." (Administration) 3/5. 23. A Resoltuion of the Mayor and City Commission of the City of South Miami, Florida, authorizing a waiver of Bid procedures for the City's Public Works. Department purchase of a replacement for the Power Take -Off System for Trash Crane 421 -31A from American Truck Crane, upon the basis, that there is one local source of supply; authorizing an expenditure of $1,698.18; charging the disbursement, to Account Number 1760 -4680 "Maintenance & Repairs - Outside Services." (Administration) 3/5 ORDINANCES FIRST READING: 24. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; amending Chapter 11 "Garbage and Trash" of the City's Code of Ordinances by providing additional Definitions: additional requirements for.preparation; revised penalties for violation; revised fees for collection ; and by adopting new sections providing for the duty to dispose of solid waste and to prohibit commingling of solid waste; providing for severability; providing for ordinances in conflict; and providing an effective date. (Administration) 3/5 OFFICIAL AGENDA March 3, 1992 page 4 REMARKS: Luis Rosas- Guyon /South Miami Professional Building Inc., (owner) request.20% reduction in parking as approved by the South Miami Planning Board on February 11, 1992; property address: 5996 SW 70 Street, South Miami, FL 33143. You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. A i ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 14 -90 -1454 DEALING WITH FEE SCHEDULES BY AnnING A NEW SCHEDULE "In "TREE REMOVAL PERMITS" PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about September 41 1990, the City of South Miami, Florida enacted Ordinance 14--90 -1454 dealing with fee schedules fox the City -of South Miami; and WHEREAS, thereafter the City of South Miami enacted an Ordinance providing for, inter a ia, tree removal permits, but did not at that time set the fee for the tree removal permit; NOW, THEREFORE, HE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Ordinance 14 -90 -1454 of the City of South Miami be, and hereby is, amended to add the following sub- section (I) Tree Removal Permit Fees tree removal permits ......................... $ 40.00 Section 2._ If any section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the r_emaJning portions of this Ordinance. 1 Section 3_ All Ordinances or parts of Ordinances in conflict I herewith be, and the same are, hereby repealed. Section 4. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this _,,,� th day of , 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM. CITY AT'T'ORNEY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 3.3 (C) OF THE LAND DEVELOPMENT CODE, CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO INCLUDE A SUB'SECTIO'N _(6 ) PERMITTING ONLY PERMITTED RETAIL USER ON THE 'FIRST FLOOR IN THE "SRI' DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT) AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about October 26, 1989, the City of South Miami enacted a Land Development Code as Chapter 20 of its Code of Ordinances in fulfillment of the Comprehensive plan adopted and approved by the State of Florida; and WHEREAS, thereafter, one section of that Cods enacted as section '20 -3.3 (c) (6) was found by a Court to have been not properly enacted; and WHEREAS, the City of South Miami believed until the entry of that Judgment that the City had properly enacted the aforesaid section of the Land Development Code; and WHEREAS, the City believes the aforesaid section is an Important part of the Land Development Code and its compliance with the Comprehensive Planf NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDAs Section 1. That the Section 20 -3.3 of the Land Development Code, 'Chapter 20 of the Code of Ordinances of the City of South Miami,' Florida, be, and the same is, hereby amended to include the following sub- section (6) (6) Location of Permitted "OR" District Uses. In the "SR" Speciality Retail'Distzict, permitted retail uses shall bt located only on first and second floor building levels, permitted office uses only on second floor building levels, and Permitted restdontial uses only on second £loon building levels or above. motion -2._ If any section, clause, sentence, or phrase of this Ordinance is held to be in"lid- or unconstituti l nnw t by ,env count of competent jurisdiction, then said holding 'shall in no way affect the validity of the remaining portions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Sects -on This Ordinance shall take effect immediately at the time of its passage PASSED AND ADOPTED this ,,, _th day of January, 1992. APPROVED: MAYOR ATTEST: CITY CLERK R$AD IIND APPROVED AS TO FORM: CITY ATTORNRY kS PB -92 -002 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 3.3 (C) OF THE LAND DEVELOPMENT CODE, CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, TO INCLUDE A SUBSECTION (6) PERMITTING ONLY PERMITTED RETAIL USES ON THE FIRST FLOOR IN THE "SR" DISTRICT; PROVIDING FOR SEVERAB'ILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Parr read the request. Chairman Ligammare declared the Public Hearing to be in session and recognized those members of the public who were present and wished to speak Andy Hessen of 7280 Red Road signed in, voicing his opposition to the request because; (1) vacancies will be created in the retail areas due to the proposed limitations; (2) commercial property values will decline which will cause taxes to decline also; (3) this tax short -fall will have to be made up by increases in residents property taxes; (4) the varieties of retail and office services to citizens of South Miami will be limited so they will shop elsewhere; (5) the types of businesses listed cannot survive PB Minutes 2 02 -11 -92 3 on a second floor location. (Some of the sites have no second floor.) (6) Senior citizens and the handicapped will not have free access because- of lack of elevators; (7) this issue was reversed in court last November. In all probability, the proposal will result in additional legal action. Mr. Ligammare asked Ms. Lama if Mr. Hessen's evaluation is correct. Ms. Lama stated that the Ordinance specifically refers to office uses on the second floor and retail uses on the first floor. Mr. Hessen asked if Business and Professional Services as listed under the Permitted Use Schedule are considered to be "office "7 Ms. Lama replied that not all of the uses would be. Mr. Hessen replied that, according to City Attorney Martin Berg, it is. Mr. Hessen presented a letter (attached) to the Board which he had received from Mr. Berg dated April 25, 1991, in answer to his question, whether or not "a travel agency can be located on the first _floor of an SR (specialty retail) zoning, district ". Mr. Hessen paraphrased Mr. Berg's letter stating that "it was under the Business and Professional services, therefore, it's considered office use so is only allowed on second floor ". Mr. Mackey stated that, in his understanding, an "office use" is an office, and if it functions as an office then it is an office. As was explained to Mr. Hessen by Mr. Berg, anything under the Business and Professional Services was automatically office use. Mr. Hessen said that when Roger Shay brought suit against the City, Lipton Insurance was located on the ground floor of his 'building, for which an occupational License was never issued. Mr. Ligammare said that he feels that the text of the Ordinance is not so much at fault as is its interpretation. Ms. Thorner asked Staff if they have any idea what the thought; of the City commission was when they wrote this Ordinance. Mr. Ligammare, again, said that it is the Attorney's interpretation of the Ordinance more than its content which is in question. Mr. Berg's interpretation is leading the public to question the Ordinance, which they are justified in doing, according to Mr. Ligammare. Ms. Lama stated that the reason for this Ordinance is to make the Land Development Code compatible with the Comprehensive Plan. Mr. Hessen feels that there should be clarification as to what is an office use and what is not. Mr. Mackey agrees with the City Attorney that a travel agency is an officel use, but not with Mr. Berg's justification as to why it is an office use. He explained further that when the City issues Occupational licenses, the business Js taken at face value; how does it act? Does it act as an office or as a retail store? Some of the uses listed function in different ways and have to be evaluated as to how they operate. PB Minutes 3 t 02 -11 -92 M Mr. Mackey said that Mr. Berg's letter does not say that everything under this category "shall" be, which would be a policy decision, but that it "may" be, and that the travel agency "is" an office. Mr. Hessen asked how a beauty shop would be viewed and would it be permitted on the ground floor? Ms. Lama replied that it is not an office use. Mr. Hessen said that in Mr. Berg's letter, he states that if it is an Office use, it is not located under the retail section therefore, it is not permitted on ground floor. Ms. Lama said that when implementing the Code, the City does not view it in that manner. A beauty shop is clearly not an office use therefore, would be permitted on the first floor. Mr. Gerald Foreman, 3000 Biscayne Blvd. , signed in to represent his client who owns commercial property in the 5800 South Dixie' Highway block of South Miami. Mr. Foreman expressed his opposition to the request explaining that the language of the Ordinance which will continue to be in effect (if it is passed) far into the future will be subject to the interpretations of whichever attorneys and members of city staff who are present during that time. Mr. Foreman noted that in the breakdown of Definitions of Uses, Business and Professional Uses would be on the second floor, not on the first floor. But, the arrangement of the types of uses is capricious and arbitrary. He specifically cited options; interior decorator, picture framing store, asking if they are retail or office uses. They are all listed under Uses, Business and Professional Services which would only be on the second floor. His client's building is one story so this limits the "types, of stores he can lease to. Mr. Foreman agrees with Mr. Hessen's evaluation of the proposal and that it needs more thought and study by re- arranging the categories to make more sense. Mr. John Ludwig, 5801/5811 Sunset Drive, signed in. Mr. Ludwig is opposed to this request, agreeing with both Mr. Hessen and Mr. Foreman in their opposition. A proposal which limits the healthy mix of businesses in a' community is a mistake, which will be far reaching and will have to be corrected at a later time. He feels that this proposed ordinance needs a great deal of work and more consideration. Jules Pincus, owner of property at 5898 Sunset Drive, voiced his opposition to the proposal also. He said that he is confused as to the purpose of this type of ordinance and agrees with all of the objections cited by the previous speakers. Mr. Robert Smith, owner of the property at 5837/5881 Sunset Drive signed in_ and ''expressed his opposition to the proposed ordinance. He agrees with the previous speakers and added that his property has been vacant for two years. He must continue to pay taxes even PB Minutes 02 -11 -92 4 Vt� 0 though the space is not occupied. The police harass and drive away those who park in the area by giving them parking tickets. The limitations of this proposal will drive more clients away. Mr. Gutierrez asked Mr. Smith if he believes that a merchant is being hindered by restricting an office from the first floor, assuming that the other- listed businesses would be allowed? Mr. Smith replied with the illustration that his wife is a realtor who was working with a real estate firm in the City. The firm was told that a real estate office was prohibited in the zone in which it was located so they moved out of town and his wife no longer has a job. Mrs. Roslyn Berrin signed in. She and Mr. Barrin own 5875/5881 Sunset Drive and are opposed to this proposal. She wonders why a city would present an ordinance without explaining why it is being adopted and why a complete category of "business and professional" was omitted and were not made clear concerning the categories within the that group. She said that it seems that the City does not want to be friendly with those who day a large part of the taxes in South Miami but who have no vote. What is the rationale of this thinking. To her, the action should have come from the Planning Board but the Planning Board does not seem to know how this happened. They have received consideration from the Dade County Value Adjustment Board for property they own in another part of the county which has decreased in value because the area has become 'severely depressed. The assessed evaluation was reduced accordingly. Mrs. Berrin feels that this may happen in South Miami if properties cannot be rented. Coral Gables has not enforced an ordinance as strict as this one. She hopes that this Board and the City officials will listen to the property owners in the commercial district when making their decision on this request. Mr. Hessen stated that the commercial market has changed from what it was two years ago when an empty location could be rented _almost immediately. Today, a space can remain vacant for months or years causing a financial drain on the property owner. Mr. Foreman spoke again stating that a video -tape retail store falls under professional and business on this list and must be on the second floor. He asks why? Watch and clock sales is upstairs. There is no reason or logic to this. The public hearing, was closed and executive session declared open. Ms. Gonzalez stated that, in her opinion, most of the problem is in the interpretation as to what is retail and wholesale trade and what is business and professional services. There are many professional services which would not want public access as on a PB Minutes 02 -11 -92 5 MARTIN DAVID BERG, P. A. ATTORNEY AT LAW to WEST FLAGLER STREET SUITE 802. BISCAYNE BLDG.' MIAMI, FLORIDA 33130 13031 371.1631 April 25, 1991 via facsimile (666 -7888) first Mr. Andy Hessen 7380 S.W. 57th Avenue South Miami, Florida 33143 Re: City of South Miami Dear Mr. Hessen: - Inquiry re: Zoning : You have inquired whether pursuant to the Land Development Code of the City of South Miami, Florida a travel agency can be located on the first, floor of an SR (specialty retail) zoning district. The answer, in brief, is "no ". The Land Development Code permits travel agencies in the SR District (Sec. 20 -3.3 (D)); however, the very permitted use of "travel agency" is found under the heading "Business and Professional Services ", not under the heading "Retail and Wholesale Trade ". - Therefore, when the Code indicates that only retail uses can be on the first floor in the SR district (Sec. 20 -3.1 (B) (9)), it,refers'to uses already listed under "Retail and Wholesale Trade". This conclusion is reinforced by the fact that the parking space requirements for travel agencies are identical to those for other service agencies, i.eo insurance agencies. Finally, the master plan for the City of South Miami [p. 411 in referring to "comparison retail uses at grade level" indicates that even banks and restaurants should be limited in the SR district. I hope the foregoing is clear. If there is any further question, you can speak to the City Clerk, obtain a position to speak at the Commission meeting, and explain your position to the Commission (the ultimate authority in the City). Very truly yours, MARTIN DAVID BERG MDB /vlz enclosures cc: William Mackey, Bldg. and Zoning Dept. I 7 first floor but to include a'dry cleaner or beauty salon under that category makes no sense to her. She does not know how this relates to the ordinance. Ms. Thorner said that she feels that this cannot be continued until the City Attorney explains his interpretation of these categories. Mr. Ligammare asked Staff if the Board is correct in their perception of this issue. Ms. Lama explained that neither she nor Mr. Mackey had seen Mr. Berg's letter before tonight. She explained that the City analyzes each request individually and not where they are placed in the list or under what category. Mr. Gutierrez said that the Board should disregard the City Attorney's letter and propose their own recommendation. Mr. Gutierrez suggests that instead of making categories, take each permitted use under SR and use an asterisk or a #1 meaning "ground -floor only" or "not allowed on ground` floor ". Mr. Mackey explained that there are more factors to be considered in making these decisions. Ms. Lama stated that what Staff is attempting to do is implement the Comprehensive Plan, the intent of which is to generate pedestrian traffic. Mr. Gutierrez recommends that the Board deny` this request as it is written and to make a recommendation. Mr. Parr agrees with Mr. Gutierrez, as does Ms. Gonzalez. Mr. Gutierrez made a motion to deny the request as presented. Seconded by Mr. Parr. Votes Denial Approved 5 Opposed: 0 E. Remarks. Ms. Thorner asked why she has not received copies of the City Commission meeting_ Minutes in more than three months. Mr. Mackey will see that she receives copies of those Minutes. Mr. Ligammare stated that he does not want to hold any Planning Board meetings in the Sylva Martin building until the renovation is:,completed. F. Adjournment. Chairperson PB Minutes M S Secretary 02 -11 -92 C] #12 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3.3 (C) OF THE LAND DEVELOPMENT CODE, CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO INCLUDE A SUBSECTION (6 ) PERMITTING ONLY PERMITTED RETAIL USES ON THE FIRST FLOOR IN THE "SR" DISTRICT; PROVIDING FOR SEVERABTLITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. Moved by Mayor McCann, seconded by Commissioner Banks, this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public c hearing after consideration by the Planning Board. Mayor McCann explained the necessity for this ordinance as the Court has stated that subsection (6) may not have been included due to an error in transcription and the City is again enacting this portion in an abundance of caution. Mr. John Limieux, realtor for property owned by Rodger Shay, spoke in opposition. He stated that it is his opinion that this portion was not enacted and this subsection would not be proper use of the land. Mr. Andy Hess -en, 7380 Red Road', stated that he feels that this is discrimination on this property as many "walk -in" types of business cannot exist. Motion on the ordinance for first reading passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. P �s � ��• ?; sip r,;� FA,q� JAN- 3 0 X92° ZONING PETITION Applicant: Mayor and City Commission of the City of South Miami, Florida. Request: An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending section 3.3 (C) of the Land Development Code, Chapter 20 of the Code of Ordinances of the City of South 'Miami, to include a subsection (6) permitting only permitted retail uses on the first floor in the "SR" District; providing for severabi 1 i ty ; providing for ordinances in conflict; and providing an effective date. Legal: Lots 1 - 82 W.A. Larkins; Lots 1 - 32 Coopers Sub; Lots 1 - 12 B1k 1 Solovoff Sub; Lots 1 - 11 Blk 2 Solovoff Sub; Lots 1 - 5 Larkin Pines; Lots 1 - 35 Dorns Sub. Location: Entire SR Zoned area. PETITION: I, We the undersigned 9 property owner are located within the SR zoned area. I, We oppose and are against the above request. Sol* 9 .. y RESOLUTION NO, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY':OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST BY SOUTH MIAMI PROFESSIONAL BUILDING, INC. FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA, PURSUANT TO SEC. 20 -4.4 (H) OF THU LAND DEVELOPMENT CODE TO ALLOW A SPECIAL USE PERMIT TO REDUCE THE NUMBER OF REQUIRED OFF - STREET PARKING SPACES BY 20%, FOR THE PROPERTY KNOWN AS 5996 S. W 70TH STREET, SOUTH MIAMI, FLORIDA 33143 (A COMMERCIAL BUILDING) AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, South Miami Professional Building, Inc. requested the Planning Board of the City of South' Miami pursuant to Sec. 20 -4.4 (H) of the Land Development, Code to allow a Special Use Permit to reduce the number of required off - street parking spaces by,20% for the property known as 5996 S. W. 79th Place, South Miami, Florida 33143, Which property is legally described as follows: Lots 6 and 7, Block 31 of ROSSWOOD Sub- division, according to the plat thereof, as recorded in Plat Book 13 at Page 62, of the Public Records of Dade County, Florida; and WHEREAS, the Staff indicated the property was within the area contemplated by aforesaid Code section; and WHEREAS, on February 11, 1991) the Planning Board voted to recommend approval of the request by a 5 - 0 vote; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of South Building, Inc. pursuant to Sec. 20 --4.4 (H) meat Code to allow a Special Use Permit to required off-street parking spaces by 20 %, as 5996 S. W. 70th Place, south Miami, Flo same hereby is, approved. G Miami Professional of the Land Develop - reduce the number of for the property known rida 33143, be, and the ATTEST: CITY CLERK __.__ ...,...,,,,..u,...._..._�_ READ AND APPROVED AS TO FORM: CITY ATTORNEY �� City of South Miami 'D130 Sunset Dmv. Soum Miami, Fionda 33143 A G E N D A Planning Board Local Planning Agency TUESDAY, FEBRUARY 11, 1992 Commission Chambers 7:30 PM A. Call to order and the Pledge of Allegiance to the Flag of the United States of America. B. Roll Call. C. Approval of the Minutes of January 28, 1992. D. Public Hearings. PB -92 -001 Applicant: South Miami Professional Building, Inc. Request: Special Use Permit to reduce the number of required off - street parking spaces by 20 %, as specified in Section 20- 4.4(H) of the City of South Miami Land Development Code. Legal.: Lots 6- and 7, Block 3, of ROSSWOOD Subdivision, according to the Plat thereof, as recorded in Plat Book 13 at Page 62 of the Public Records of Dade County, Florida. Location: 5996 SW 70 Street South Miami, Florida (A Commercial Building) PB -92 -002 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 3.3 (C) OF THE LAND DEVELOPMENT CODE, CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, TO INCLUDE A SUBSECTION (6) PERMITTING ONLY PERMITTED RETAIL USES ON THE FIRST` FLOOR IN THE "SR" DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. E. Remarks. F. Adjournment. 6 C • _/ , ' I:l : , `ter_. _ __ _ _ •-..- :� . // / /�\,, fit' ^� ,� •� � -� z!J `--�-� � ,��� __-� r - - - - -- -- ---- -� 'b�'� '.` ' • Lam': p; � 3._� � �, - ,, P - is • � � – - ,• r � � ;� ■ ' '. » — i . + .soil. – ■ ...8 r . u Y. mass L� GR.,, � E-- -' ■ t 10 ,_ _ •; •• •.. R0 ,�. �. ,-• � to '-s��br- — aa�■aar1� ■ sue■. �� F.,+�, 'yrra ■ it a , :r, ..l , I.Q. .. ,... pl • NR • PUD..H _ ,�� ■� r I OT-6 APPLICANT: JOut M10.m 1 j.OT�C SSIOriQ! CJIL•� InC. OWNER: �ame MAP REFERENCE: 59 9 Ce � \V, ' -70% St`'CG{ CC�T'•'',ENTS , S oC% .l U,, . �G�'r1111 -t 1'1 P rccl ucc. -V� c hurnbar o� M,L iraj o�F- Jr, CITY of SOUTU AMAMI f PLANNING I b0A RD Comoess Scale wT.1� . Date —1 011 •1 1492 Drn� Chk ..... Hearing N092 -001 I i-A City of South Miami 6130 Sunset Drive. South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING ARD Property Owner• u i Signature: r3V0l.t)t.v� Address: Phone Nu Represented By: CV oN Organization: Address : 1�3 p"" 3i 51J `1 %, T� )cv Phone L- 33J83 Architect: k �--� �« Phone: Engineer : 0,!S,A5 - G+/ nu F,v6 iAiE£ ,>S Phone : Owner Option to purchase _ Contract to purchase _ Copy attached? If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot (s) ( 7 Block 3 subdivision W ss w nv A PB Metes and Bounds: APPLICATION IS HEREBY MADE FOR THE FOLLOWING: _ Variance Special Use Rezoning Text Amendment to LDC _ Home Occupational License PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: w---Letter of intent _ Proof of ownership 'Current survey SUBMITTED MATERIALS Hardship statement _ Power of attorney _ Reasons for change _ Contract to purchase _Itf--Site plan (7 copies) Required fee(s) The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to the best of the applicant's knowledg and lief. Date ;l'icant's Signature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY DATE FILED ACCEPTED REJECTED DATE PB HEARING COMMISSION PETITION REQUIRED ADVERT DEADLINE OTHER INFO PETITION ACCEPTED SOUTH MIAMI PROFESSIONAL BUILDING, INC. 13831 SW 59th Street Suite 100 Miami, Florida 33183 " (305)382 -2722 December 20, 1991 City of South Miami 6130 Sunset Drive South Miami FL 33143 RE: South Miami Professional Building, Inc. Lots 6 & 7, Block 3, Rosswood Subdivision Plat Book 13, Page 62 of the records of Dade County Dear Sir: We are requesting a change in parking requirements for the above referenced property that would change the building from partial medical use to full medical use. The current use is for: 4049 sq.ft. - medical 9293 sq.ft. - non- medical This existing use requires 52 parking spaces as per the old C -2 zoning under, which this building was permitted. The new MO zoning is more restrictive and will require one parking space per 200 square feet of gross area, which would require us to have 67 parking spaces in order to become a full medical building. Because of our close proximity to the South Miami Metro Rail station, we would like to have a special exemption granted that would allow us to have a full medical building. Notice we are only asking for a 29% reduction where the zoning ordinances allow 50%. The reason for this request is the strong demand in office space we are getting from the medical community. We presently have leased the top floor to Dr. Paul Canali, who is currently operating here in South Miami, and have other doctors who are interested in leasing the rest of the building, but the parking situation is a major obstruction. We have installed handicapped ramps from the sidewalk and have provided three handicapped parking spaces where only two are required. City of South Miami December 20, 1991 Page 2 In addition, there are plenty of on street metered parking spaces along 70th Street and 61st Avenue to the East of us. Also, the new garage being built at the Metro Rail Station is less than 200 feet from the property. Any reduction obtained in this application will be more than compensated by the parking conditions in the area. In closing, we hope you look favorably towards our application and advise us of any further information you may require. Since ely, Rosas -G on "resident LRG:mw 4`111 7 STAFF REPCJRT February 28, 1992 PB -92 -001 Applicant: South Miami Professional Building, Inc. Requests Special Use Permit to reduce the number of required off- street parking spaces by 20 %_, as specified in Section 20- 4.4(H) of the City of South Miami Land Development Code. Legal: Lots 6 and 7, Block 3, of ROSSWOOD Subdivision, according to the Plat thereof, as recorded in Plat Book 13 at Page 62 of the Public Records of Dade County, Florida. Location: 5996 SW 70 Street South Miami, Florida (A Commercial Building) The applicant is requesting a reduction in parking, in order to accomplish a change of use in the building.- The structure now provides required parking for a mix of general and medical office uses; the applicant wishes to convert to a medical office use only. RECOMMENDATION: The request complies with Section 20- 4.4(H) of the adopted Land Development Code of the City of South Miami. g 0 M = N U T E S Plarrrzincj 13oa3:-c1 1..rt7Ca 1 P 1 arzrz i ng Age"cy TUESDAY, FEBRUARY 11, 1992 Commission Chambers 7 :30 PM A. Call to order and the Pledge of Allegiance to the Flag of the United States of America. B. Roll Call. Present Larry Ligammare Robert Parr Diana Gonzalez Cindy'Thorner Manual Gutierrez, DR,� John Lefley Paul Eisenhart Jr. Also present were: B & Z Director Lama; Planner Mackey and Board Secretary DeLisa. The meeting was delayed until 8 :00 PM so that ballot counting could be completed from the City election. C. Approval of the Minutes of ,January 28, 1992. Motion by Ms. Gonzalez to defer approval of Minutes of January 28, 1992 to PB meeting of February 25, 1992. Seconded by Mr. Gutierrez. Vote: Approved: 5 Opposed: 0 D. Public Hearings. I Applicant: South Miami Professional Building, Inc. Request: Special Use Permit to reduce the number of required off- street parking spaces by 20 %, as specified in Section 20- 4.4(H) of the City of South Miami Land Development Code. Legal: Lots 6 and 7, Block 3, of ROSSWOOD Subdivision, according to the Plat thereof, as recorded in Plat Book 13 at Page 62 of the Public Records of Dade County, Florida. Location: 5996 SW 70 Street South Miami, Florida (A Commercial Building Mr. Luis Rosas- Guyon, representing the applicant, signed in and explained that they now have 52 parking spaces whereas the new City Ordinance requires 62 spaces. In view of the present glut in office space, the applicant wishes to be able to rent to doctors who are in need of office space is this area. The applicant feels that the 20% increase being requested is reasonable in.view of the fact that the new Metro -Rail parking garage is less than one block away. Public Hearing opened. There being no -one present to speak for or against, the Public Hearing was closed and Executive Session deemed open. In answer to a question from Mr. Gutierrez, Mr. Mackey stated that the required number of handicap parking spaces is included in this request. Mr. Parr made a motion to approve the request as presented. Seconded by Ms. Thorner. Votes Approved: 5 Opposed: 0 4 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING DISBURSEMENT OF UP TO $800,000.00 FROM THE CITY'S REVOLVING TRUST FUND IN STAGES AS REOUIRED FOR THE CONSTRUCTION AND MODERNIZATION OF THE CITY'S PUBLIC WORKS FACILITY; PROVIDING THAT EFFECTIVE , 1992 ALL INTEREST EARNED ON THE CITY'S REVOLVING TRUST FUND SHALL BE RETAINED IN THE REVOLVING TRUST FUND. WHEREAS, the City Commission has long since decided it is necessary to construct and modernize_ the City's Public Worlds Facility) and WHEREAS, in the February 11, 1992 Election, the Electorate was offered a two -part bond (borrowing) alternative to the expenditure of funds from the Revolving Trust Fund; and WHEREAS, less than 25% of the registered voters voted, thus not enabling passage of either bond (borrowing) question, and WHEREAS, the Mayor and City Commission therefore wish to proceed with the City's stated intention of disbursing the funds from the Revolving Trust Fund in the event either of the bond (borrowing) alternatives did not pass; and WHEREAS, it is now the intention of the Mayor and City Commission that the interest derived from the Revolving Trust Fund be retained in the Revolving Trust Fund; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: section 1. The City Administration be, and hereby is, authorized to disburse up to $800,000.00 from the City's Revolving Trust Fund in stages as required for the construction and modernization of the City's Public Works Facility. Section 2. That effective , 1992, all interest earned on the City's Revolving Trust Fund shall be retained in the City's Revolving Trust Fund as opposed to being transferred ,, to the City's General Fund. PASSED AND ADOPTED this ,��th day of March, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING WANDA BOSTICK AS A MEMBER OF THE _RECREATION BOARD OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUIILIFIBD, WHICHEVER IS LATER. WHEREAS, there presently exists two vacancies in the Recreation Board of the City of South Miami; and WHEREAS, it is therefore necessary to appoint two new members to that Board; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That WANDA BOSTICK be, and hereby is appointed as a member of the Recreation Board of the City of South Miami, Florida, to fill the unexpired term of SHARLENE BUTLER until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this .,,�^,th day of March, 1992. ATTEST; CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 8 APPROVED: MAYOR DATE / —/ RESUME NAME: JHti�� �' � >�r1G� ADDRESS: TELEPHONE: HOME ,,- ,/./ -z7l � 0FFICE- MARITAL STATUS: /1' ,ff1 if =� EDUCATION: .� C-�, YEARS RESIDING IN SOUTH MIAMI: 6 j`s ORGANIZATIONS YOU BELONG TO: �a�L JOB DESCRIPTION:-- GG���(j , BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people of South Miami pertaining to leisure time activities Commercial Development Board: Promote interest and stimulate new business into South Miami, and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7:30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board: Encourage excellence in the quality of architectural and environmental design. Board meets at 9:00 A.M. on 1st and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations; review grievances if any from employees of the City.. Board meets when an appeal is scheduled to be 'heard.' Code Enforcement Board: Board enforces occupational licenses, building, zoni sign and other related Codes and Ordinances of the City. Board meets 8;30 A.M. on the 2nd'thursday of each month. Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Boar meets 6 :00 P.M. on the one Monday each month. South Miami Action j Committee: Board address items of community concerns such as housing, economic development and delivery of necess human and social services. Board usually meets 1 thursday a month at 6 :30 P.M. Please write in your 1 preferences for Boards: l . ,/' ,S_x= Cc.G��7),y � n RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA APPOINTING GRANT MILLER AS A MEMBER. OF THE RECREATION BOARD OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND OUALIFIRD, WHICHEVER IS LATER. WHEREAS, there presently exists two vacancies in the Recreation Board of the City of South Miami; and WHEREAS, it is therefore necessary to appoint two new members to that Board; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That GRANT MILLER be, and hereby is appointed as a member of the Recreation Board of the City of South Miami, Florida, to fill the unexpired term of SANDRA WITHERSPOON until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this th day of March, 1992. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ,� Jae RESUME NAME : l— p-, tf -e2 ADDRESS: � `4.,/ (� Z TELEPHONE: HOME OFFICE 5- -`52 �� MARITAL STATUS: pA- DATE EDUCATION:1. YEARS RESIDING IN SOUTH MIAMI: C9 ORGANIZATIONS YOU BELONG TO: JOB DESCRIPTION: BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people of South Miami pertaining to leisure time activities. Commercial Development Board: Promote interest and stimulate new business into South Miami and improve existing conditions for business already in the City. Planning Board Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7:30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board Encourage excellence in the quality of architectural and environmental design. Board meets at 9:00 A.M. on 1st and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations.; review gri'e;vances if any from employees of the City.'* Board meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses, building, zoni sign and other related Codes and Ordinances of the City. Board meets 8 :30 A.M. on the 2nd thursday of each month. Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Boar meets 6:00 P.M. on the one Monday each month. South Miami Action Committee: Board address items of community concerns such as housing, economic development and delivery of necess human and social services. Board usually meets 1 thursday -a month at 6 :30 P.M. q RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING JERRY BIRDWELL AS A MEMBER 'OF THE TREE COMMITTEE OF THE CITY OF SOUTH MIAMI, To SERVE IN SUCH CAPACITY UNTIL FEBRUARY 17, 1993, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALTFIED, WHICHEVER IS LATER. WHEREAS, on or about March 5, 1991, the City of South Miami enacted Ordinance 6 -91 -1471 providing for the establishment of a Tree Committee; and WHEREAS, it is therefore necessary to appoint a total of five members to that Committee; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY of SOUTH MIAMI, FLORIDA: Section 1. That JERRY BIRDWELL be, and hereby is appointed as a member of the Tree Committee of the City of South Miami, Florida, to serve in such capacity until February 17, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this th day of APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY' 1992. c i JERRELL W. BIRDWELL 6612 Mimosa Court South Miami, FL 33134 (305) 667-- 3096, 471 -6632 Nov. 1987 - Present WCIX, Miami. Moved to WCIX Station Manager and Program sale of WCIX to CBS in Janu named Director of Broadcast included responsibility for erence: John Trinder,,CEO, Group, Virginia Beach, VA. by TVX Group as Director. Upon 3ry, 1989, I was Operations, which Programming. Ref - TVX Broadcast Feb. 1986 - Nnv. 1987 Vice President, Programming b Research, TVX Broadcast Group, Virginia Beach, VA. Responsi- ble for programming six independent stations, and developing computer programs for program and financial contrail. Was relocated to Miami to assist in "turn around" of newly purchased WCIX. June 1984 - Deb. 1986 Vice President and General Manager, WLOS, (ABC) Greenville - Spartanberg- Asheville, No. Carolina. Station audience base increased dramatically under my management. Reported to Anthony Cassara, CEO, Wometco Broadcasting Co., Los Angeles. July 1980 - June 19A4 Vice President and General Manager, KAUT, Okla - homa City, OK. Responsible for construction of the station. It became dominant early fringe and access in its first rating period in the three- independent station market. I rejoined the Cassara group, Wometco, when KAUT was placed on the market by owner Gene Autry. 1954 - 1980 1954- 1963: KTLA, Paramount Television, Los Angeles. Began career as news writer and air director; moved into various sales support functions such as Traffic Manager, Director of Sales Services and Research, and National Sales Manager. 1963 -1980: KTLA, Golden West Broadcasters. Director of Advertising and Promotion; Director of Program Administration; 1974 =1980: Director of Programming. During the years I was Execu- tive Producer of many award winning documenta- ries and special event programs. KTLA was recognized. as an industry ' leader, experiencing spectacular growth during the era. I waw, reaswigeed.in 1980 -.to Oklahoma -City to build and operate KAUT. Reported to John Reynolds, President of Golden West Broadcasters. Birdwell - Page 2 EDUCATION: B.S. Degree, 1949, Stephen F. Austin State College (Texas) Graduate Study: University of Southern California, Telecommunications, 6 hours. USAF - Officers Candidate School; USAF Management and Leadership School; Aircraft Control School. Awards: Over the years I have received many awards and citations. I have been active in community organizations such as the Rorary Clubs of Oklahoma City and Asheville; Chamber of Comnmerce committees; and home owner association officers and committees. In 1985, I received the Asheville Chamber of Comnmece Meritorious Award for Community Serivice. I was awarded the City of Los Angeles certificate of commendation by Mayor Bradley for years of service in the Motion Picture and Television industry. February 4 1991 Birdwell - Memberships: Fairchild Tropical Gardens Miami Museum of Science Miami-Dade Public Library American Museum of Natural History Smithsonian Institute National Geographic Society Western Heritage Museum (National Cowboy Hall of Fame) National Association of Television Program Executives Miami Chamber of Commerce PUBLICATIONS READ: Miami Herald Ft. Lauderdale Sun Sentinel South Miami News Fairchild Garden News /Tropical Fruit World Florida Trend i Newsweek Broadcasting Electronic, Media Variety PC World Lotus 123 Magazine Stereo Review Readers Digest National Geographic Magazine Smithsonian Magazine Public Library - I read an average of four non-fiction books each weeK. CIVIC GROUPS: Davis Gardens Homeowners Association RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COM1 CITY OF SOUTH MIAMI, FLORIDA APPOINTING AS A MEMBER OF THE TREE COMMITTEE OF THE MIAMI, TO SERVE IN SUCH CAPACITY UNTIL 1994, OR UNTIL A SUCCE99OR IS DULY OUALIFIED, WHICHEVER Is LATER. 4ISSION OF THE PETER LAHANAS CITY OF SOUTH FEBRUARY 17, APPOINTED AND WHEREAS, on or about March 5, 1991, the City of South Miami enacted Ordinance 6-91 -1471 providing for the establishment of a Tree Committee; and WHEREAS, it is therefore necessary to appoint a total of five members to that Committee; NOW, THEREFORE, HE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That PETER LAHANAS be, and hereby is appointed as a member of the Tree Committee of the City of South Miami, Florida, to _serve in such capacity until February 17, 1994, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this th day of APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 1992. NAME: ADDRESS: RESUME Pete N. Lahanas DATE February 8th, 1991 6601 SW 75 Terrace, So. Miami, FL 33143 TELEPHONE: HOME - 661 -1561 OFFICE- 284 -2204 MARITAL STATUS: Single EDUCATION: Oregon State University, Oregon Bachelor Degree Aubuin University, Alabama - Master Degree University of Miami - will graduate in the Spring as Doctor Biology. YEARS RESIDING IN SOUTH MIAMI: 8 years ORGANIZATIONS YOU BELONG TO: American Society of Icthyologist, Herpetology; Society for the Study of Amphibians & Reptiles; Herpetologist's League. JOB DESCRIPTION: Research Assistant and Instructor - University of Miami. BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people of South Miami pertaining to leisure time activities. Commercial Development Board: Promote interest and stimulate new business into South Miami and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7 :30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board Encourage excellence in the quality of architectural and environmental design. Board meets at 9 :00 A.M. on 1st and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations; review grievances if any from employees of the City. Board meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses, building, zoning sign and other related Codes and Ordinances of the City. Board meets 8:30 A.M. on the 2nd thursday of each month Safe Neighborhood' Board Study crime prevention by architectural design and redevelopment and other concerns of residents. Board meets 6:00 P.M. on the one Monday each month. South Miami Action Committee: Board address items of community concerns such as housing, economic development and delivery of necessar human and social s.ervices. - Board - usually -meets 1 thursday a mottt.h at:.fi�30. -P.M._ Please write in your preferences for Boards: 1. TREE BOARD , RESOLUTION N0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI`, FLORIDA APPOINTING DORIS ROSEBRAUGH AS A- MEMBER OF THE TREE COMMITTEE OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 17, 1994, OR UNTIL A SUCCE99OR IS DULY APPOINTED AND QUALIFIED, WHICHEVER IS LATER. WHEREAS, on or about March 5, 1991, the City of South Miami enacted Ordinance 6 -91 -1471 providing for the establishment of a Tree Committee; and WHEREAS, it is therefore necessary to appoint a total of five members to that Committee; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That DORIS ROSEBRAUGH be, and hereby is appointed as a member of the Tree Committee of the City of South Miami, Florida, to serve in such capacity until February 17, 1994, or until a successor is duly appointed and qualified, whichever "is'' later. PASSED AND ADOPTED this th day of 1992. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY' ATTORNEY �� 0 A T -E_ January 28, 1991 RESUME NAME: Doris Rosebraugh ADDRESS: 7511 SW 64 Court, South Miami, FL 33143 TELEPHONE: HOME - 667 -0054 OFFICE- -- - - - - -- MARITAL STATUS: Single EDUCATION: Brenan College, Gainesville, GA; Miami- Dade Community College, Miami, FL - Associate of Art with Honors; University of Miami, Coral Gables, FL - Bachelor of Art. YEARS RESIDING IN SOUTH MIAMI: Thirteen (13) years ORGANIZATIONS YOU BELONG TO: 1st V.P., Miami Horticultural Study Society; Fairchild Gardens, Dade Chapter Florida Native Plant Society. JOB DESCRIPTION: Landscape Designer, Teacher & Lecturer 1980 -1986 Adjunct Professor, FIU BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people of South Miami pertaining to leisure time activities. Commercial Development Board: Promote interest and stimulate new business into South Miami and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7:30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board: Encourage excellence in the quality of architectural and environmental design. Board meets at 9:00 A.M. on 1st and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations; review grievances if any from employees of the City. Board meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses -, building, zonin sign and other related Codes and Ordinances of the City. Board meets 8:30 A.M. on the 2nd thursday of each month. Safe Neighbor-hood Board: Study crime: prevention by architectural design and redevelopment and other concerns of residents: Board meets 6 :00 P.M. on the one Monday each month. South Miami Action Committee Board address items of community concerns such as housing,, economic development and delivery of necessa 4; human and soc.fat servfces. Board usually meets 1 thus -day a month at 6:30 P.M. z Please write in your Tree City USA' preferences for Boards: 1. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING PETER STRELKOW AS A MEMBER OF THE TREE COMMITTEE OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 17, 1993, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND OUALIFIED, WHICHEVER IS LATER. WHEREAS, on or about March 5, 1991, the City of South Miami enacted ordinance 6 -91 -1471 providing for the establishment of a Tree Committee; and WHEREAS, it is therefore necessary to appoint a total of five members to that Committee; NOW, THEREFORE., HE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: motion 1. That PETER STRELKOW, and hereby is appointed as a member of the Tree Committee of the City of South Miami, Florida, to serve in such capacity until February 17, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this nth day of 1992. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNBY DATc �• �l 9/ RISU E NAME: ADDRESS : AB C SSW 75,E -7z f. TELEPHONE: HOME OFFICE- 2177 MARITAL STATUS: MA22 1EV E D U CA T 10 N: e,,Qcz1,154 o/� of LV'/OJ'c,v YEARS RESIDING IN SOUTH MIAMI: 5 �� ORGANIZATIONS YOU BELONG T0: N M4vE pe 4,V - JOB DESCRIPTION:,., ,�NDScd4PE iq,P�N ?EST BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR Recreation Board: DESCRIPTION: Study and determine wants and needs of the el Of South Miami. pertaining to leisure time actipieties Commercial Development Board: Promote interest and stimulate new South Miami and improve existing conditions into business already in the City. s for Planning Board: Environmental Review Board: Personnel Board: Code Enforcement Board: Safe Neighborhood Board: South Miami Action Committee: 13ser write in your Preferences for Boards: Consider Comprehensive Master Plan as a implementation of zoning in the City. guide to the zoning related matters and make recommendations to the City Commission for any existing zoni mat or requests for future development. Board9meetsers 7:30 P.M. on 2nd and last Tuesday of each month. Encourage excellence in the quality of architectural and environmental design. on 1st and 3rd Tuesday of each rmonthts at'9:00 A.M. . Review Personnel regulations; review grievances if any from employees of the City. Board when an appeal is scheduled to be heard. when Board enforces occupational licenses, building, zoni, sign and other related Codes and Ordinances of the City. Board meets 8 :30 A.M. on the 2nd thursda each month. y of Study crime Prevention by architectural design and redevelopment and other concerns of residents. Boar, meets 6:00 P.M. on the one Monday each month. Board address items of community concerns such as housing, economic_ development and delivery meetsnicess� human and social services. Board usuall thursday a month at 6 :30 P.M. q RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING LORI YANOSHIK AS A MEMBER OF THE TREE COMMITTEE OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 17, 1993, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED, WHICHEVER IS LATER. WHEREAS, on or about March 51 1991, the City of South Miami enacted Ordinance 6 -91 -1471 providing for the establishment of a Tree Committee; and WHEREAS, it is therefore necessary to appoint a total of five members to that Committee; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That LORI YANOSHIK be, and hereby is, appointed as a member of the Tree Committee of the City of South Miami, Florida,, to serve in such capacity until February 17, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this th day of APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY I� 1992. DATE 1 4 l RESUME NAME: ADDRESS '7 f� i SLJ 6 +* C.oU2fi SOLr fit Mit"Mij F(.._ 3S1y3 TELEPHONE: HOME (061 -47a ( OFFICE - 753 "-2 19 S" MARITAL STATUS: 51 �\91e EDUCATION: 6-5, " �«c v�tc���, P�h Nsy_Iv�,,� Sfi�t -te U�,, ve,es,• C "'P, Rf.,`({ci r—vtr ,11et0 ,✓t r rL, `5 + YEARS RESIDING IN SOUTH MIAMI: t9s ergs cf �.c4- ltOsct�� ����2� ORGANIZATIONS YOU BELONG T0: s YES p�� c2rLi nuc- 14.vct Scci� ,t-joc�- k ���vcc� ► i <ee ,�1; i'1 At (u}.I Ot j04 JOB DESCRIPTION: ���cL jd 1.i2cPrc�� � I vl)A-0 c t A-. �A A-� St, t=lo21 0A Pc w elZ � C-r,-- ,M 4,t BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the people Of South Miami pertaining to leisure time activities. Commercial Development Boara: Promote interest and stimulate new bu,;, -,t;; ;,,to South Miami and improve existing conditions for business already in the City. Planning Board: Consider Comprehensive Master Plan as a guide implementation of zoning in the City. Investigatehe zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7 :30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board: Encourage excellence in the quality of architectural and environmental design. Board meets at 9:00 A.M. on 1st and 3rd Tuesday of each month. Personnel Board: Review Personnel regulations review grievances if any from employees of the City. Board meets when an appeal is scheduled to be heard. Code Enforcement Board Board enforces occupational licenses, sign and other related Codes and Ordinances �of , thenir, City. Board meets 8:30 A.M. on the .2nd thursday of each month. Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Boarc meets 6 :00 P.M. on the one Monday each month. South Miami Action Committee: Board address items of community concerns such as housing, economic. development and delivery of necesse human and:;socia.l s.ervic,es_.. Board usually meets 1 thursday a month at 6:30 P.M. P1 ase write in your preferences for Boards: 1 �►2ee ,Z t • RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING MARY SLATER -LINN AS A MEMBER OF THE HISTORIC SECTION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD OF THE CITY OF SOUTH MIMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED, WHICHEVER IS LATER. WHEREAS, there presently exists a vacancy in the Historic Section ofthe Environmental Review and Preservation Board of the City of South Miami; and WHEREAS, it is therefore necessary to appoint a new member to that Board; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Mary Slater -Linn be, and hereby is appointed as a member of the Historic Section of the Environmental Review and Preservation Board of the City of South Miami, Florida, until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of March, 1992. APPROVED MAYOR DATE December 27, 1990 RESUME NAME: Mary - Slater Linn ADDRESS: 5721 SW 58th P1. Miami 33143 TELEPHONE: HOME 667 -8552 OFFICE- MARITAL STATUS: single EDUCATION: B.A. Mary Baldwin C011ege YEARS RESIDING IN SOUTH MIAMI: 3 ORGANIZATIONS YOU BELONG TO: Sierra Club, Coconut Grove J.C's, Nature Conservar JOB DESCRIPTION: Educational Services Manager for Junior Achievement of Miami (see attatched resume for description) BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the pele Of South Miami pertaining to leisure time activities. Commercial Development Board: Promote interest and stimulate new business in o South Miami and improve existing conditions for business already in. the City. Planning Board: Consider Comprehensive Master Plan as a guide to the implementation of zoning in the City. Investigate zoning related matters and make recommendations to the City Commission for any existing zoning matters or requests for future development. Board meets 7:30 P.M. on 2nd and last Tuesday of each month. Environmental Review Board: Encourage excellence in the f architectural and environmental design. Board meets at on 1st and 3rd Tuesday of each month. M. Personnel Board: Review Personnel regulations; review grievances if any from employees of the City. Board meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses, building, sign and other related Codes and Ordinances Othening, City. Board meets 8 :30 A.M. on the 2nd thursday of each month. Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Board meets 6:00 P.M. on the one Monday each month. South Miani Action Committe P ase write in your~ preferences for Boares: Board address items of community concerns such as housing, economic development and delivery of necessary, human and social services. Board usually meets 1 thursday a month_ at 6:30 R.M. 1 Environmental Review 2. omau ee RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING JOAN YARBOROUGH AS A MEMBER OF THE HISTORIC SECTION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION HOARD OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED, WHICHEVER IS LATER. WHEREAS, there presently exists a vacancy in the Historic Section of the Environmental Review and Preservation Board of the City of South Miami; and WHEREAS, it is therefore necessary to appoint a new member to that Board; NOW`, THEREFORE, BE IT RESOLVED BY THE MAYOR, AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That JOAN YARBOROUGH be, and hereby is appointed as a member of the Historic Section of the Environmental Review and preservation Board of the City of South Miami, Florida, until February 1, 1993, or until a successor is duly appointed and qualified, whichever is later. PASSED AND ADOPTED this th day of March, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 4 DATE 2/21/92 RESUME NAME : Joan Yarborough ADDRESS: 5950 S.W. 74th Street, Apartment 311 TELEPHONE: HOME - 661 -5713 OFFICE - MARITAL STATUS: single EDUCATION: YEARS RESIDING IN SOUTH MIAMI: Born in South Miami ORGANIZATIONS YOU BELONG TO: South Miami Garden Club JOB DESCRIPTION: retired, 20 years with Dade County Recording Secretary School Board BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION: Recreation Board: Study and determine wants and needs of the Of South Miami People Pertaining to leisure time activitie Commercial Development Board: Promote interest and stimulate new business South Miami and improve existing conditions ford business already in the City. Planning Board: Consider Comprehensive Master Plan a implementation of zoning in the City. s a guide to th zoning related gate matters and make recommendatisons the City Commission for any existing zoning matters or requests for future development. Board meets 7:30 P.M. Environmental Review on 2nd and last Tuesday of each month. Board: Encourage excellence in the quality and environmental design. Board meets atc9 :00cA.M. on 1st and 3rd Tuesday of each month. Personnel. Board: Review Personnel regulations; re grievances if any from employees of the City. review meets when an appeal is scheduled to be heard. Code Enforcement Board: Board enforces occupational licenses sign and other related Codes and Ordinances �Of� City. then Board meets 8 :30 A.M. on the 2nd thursda of each month. y Safe Neighborhood Board: Study crime prevention by architectural design and redevelopment and other concerns of residents. Boa, South Miami Action meets 6 :00 p.M. on the one Monday each month. Committee' Board address items- of community y concerns such as g, economic development and delivery of neces: human -and saciat services. -Board usually meets 1 thursday a month at 6:30 P.M. Please write in your oreferences for Boards: , Historic Po rtN ., p RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDAr AUTHORIZING THE PURCHASE OF TEN PARK BENCHES,, EIGHT PICNIC TABLES AND FOUR BAR- BECUE GRILLS FROM SOUTHERN PARK & PLAY SYSTEMS, INC. FOR A TOTAL PRICE NOT TO EXCEED $ 3,278.00 BY THE RECREATION DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2000 -6430 "RECREATION EQUIPMENT _ OPBRATINO" WHEREAS, pursuant to the 1991 -92 Budget of the City of South Miami, Florida, the Recreation Department of the City of South Miami, Florida was authorized to purchase park benches, picnic tables and barbecue grills for the City parks; and WHEREAS, the Administration of the City of South Miami has now obtained at least three bids and recommends Southern Park & Play Systems, Inc. With a total cost of $ 3,278.00 for a total of ten park benches, eight picnic tables, and four barbecue grills as the lowest responsible bidder; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be, and hereby is, awarded to Southern Park & Play Systems, Inc. in an amount not to exceed $ 31218.00 for park activities. Section 2. That the disbursement be charged to account no. 2000 -6430 "Recreation - Equipment - Operating ". Pk9SED AND ADOPTED this _____ day of March, 1992. APPROVED: MAYOR ATTEST CITY CL&RX READ AND APPROVED AS TO FORM:' SOUTHERN -PARK AND PLAY SYM MS INC. 3780 Minton Road MELBOURNE, FLORIDA 32904.9556 (407) 729.9700 FAX (407) 729 -8357 TOLL FREE 1 800.247.1545 ro City of South Miami Parks i ,Rec. 6130 Sunset Drive South Kiami, FL. 33.143 Attn: Jim Cowan (305)667 -5691 30 to 45 days Co, 4 ea. 8 ea. 10 ea. BABE PEWATE THE ABOVE N A*M WHEN ORDERING CUOTATION DATE — 2/14/92 Dale Hasner orotlwr DATE wrouRr Nlae�e - IA I Net ` 30 Pilot Rock 4A -20, Premier Park Grill 320 sq. inch cooking area, infinitely adjustable grate 0 -12 ", grill flips back for easy clean -out, 3600 rotation, theft proof locking mechanism, built -in ash pan, bottom of grill reinforced with ring for additional strength I Pilot Rock #XT /G -6SP, 6' picnic Table 2 3/8" OD all- welded one piece end ed frames, hot-dipped gale. after fabrication, center channel, cross - bracing and hardware are all hot - dipped gale 2 " x 10 x 6' pressure treated pine boards (treated to .4 lbs. per cu. ft. of CCA; in ground or water contact) i Pilot Rock #SXB /G -6SP� 61 park Bench Stationary, all - welded 2 3/8 OD end frames, hot - dipped gale. after fabrica- tion, hardware hot - dipped galv., 21 x 4" x 61 pressure treated pine boards treated to .4 lbs. per cu, ft. $841 00 $174 00 $106 00 Subt tal Disc unt Frei ht $336 00 1 $1,392 00 ; $1,060 00 $2,788 00 $ -112 00 $ 602 00 $3,278100 11 DELIVERY: 30 to 45 days n I i WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. QUOTATION IS SUBJECT TO THE CONDITIONS` PRINTED ON REVERSE SIDE, AND IS VAUD FOR DAYS: THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT 4` NOTICE BY L Q i i ACCEPTED DATE -'- --". uiucN nQnFRING. � % 1 I 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 $5,676.36 REPRESENTING FEES INCURRED FOR LEGAL REPRESENTATION BY KENNETH MYLRS, OF SQUIRE,_ SANDERS a DEMPSY AS BOND CONSULTANT; CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100- 9950: "RESERVE FOR ENCUMBRANCES "'. WHEREAS, the City Commission heretofore authorized the City Administration to employ Kenneth Myers, of Squire, Sanders Dempsy, as bond consultant; and WHEREAS, the City has now received invoices for legal services rendered pursuant to the aforesaid authorization for the period ending January 14, 1992 for a total of $5,676.36; IOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to disburse the sum of $5,676.36 to Kenneth Myers, of Squire Sanders a Dempsy, for legal services rendered as bond consultant. Section 2. The disbursement be charged to account number 2140 -9950: "Reserve for Encumbrances ". PASSED AND ADOPTED this ._„nth day of March, 1992, APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY'ATTORNRY , efan., � ym"1�111 Re: Our File No. SOU50- 002 -5 2.1e ��IA FOR LEGAL SERVICES rendered in connection with planning and preparation of Resolution for Bond Referendum to be held on February 11, 1992; conferences with the City Manager and City officials; research of law; preparation of drafts of Resolutions and subsequent conferences with City Manager and City officials; attendance at meeting of the City Commission; rendering of general advice and assistance regarding the election process and format for the Resolution; assistance in preparation of a Notice of the election for publication; subsequent telephone conference with City Manager; all other miscellaneous matters in connection with above. Unbilled disbursements including telephone and telecopy, internal printing and reproduction. TOTAL AMOUNT DUE $5,640 $ 36.36 $5,676.36 JAN 16 1992 QT.-j 1AptWWS AfflCE 'ODD .. 2'.-e January 14, 1992 t-lr . :l i_ ll iam Hampton City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Our File No. SOU50- 002 -5 2.1e ��IA FOR LEGAL SERVICES rendered in connection with planning and preparation of Resolution for Bond Referendum to be held on February 11, 1992; conferences with the City Manager and City officials; research of law; preparation of drafts of Resolutions and subsequent conferences with City Manager and City officials; attendance at meeting of the City Commission; rendering of general advice and assistance regarding the election process and format for the Resolution; assistance in preparation of a Notice of the election for publication; subsequent telephone conference with City Manager; all other miscellaneous matters in connection with above. Unbilled disbursements including telephone and telecopy, internal printing and reproduction. TOTAL AMOUNT DUE $5,640 $ 36.36 $5,676.36 JAN 16 1992 QT.-j 1AptWWS AfflCE RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $29,555.24 TO SIX POLICE OFFICERS PURSUANT TO A DECISION OF THE U.S. DEPARTMENT OF LABOR, EMPLOYMENT STANDARDS ADMINISTRATION, WAGE AND HOUR DIVISION, AND PROVIDING FOR DISBURSEMENT FROM POLICE DEPARTMENT ACCOUNT NUMBER 1910 -1210 "'SALARIES AND WAGES ". WHEREAS, the Federal Wage and Hour Division has determined that the following Police Officers are due back overtime pay for a two year period (July, 1989 - July, 1991): Motorcycle Unit Officer 'Dion Cole $ 2,794.83 Officer Larry Corbin 5,164.95 Officer Jorge Delgado 3,047.79 Officer Antonio Fernandez 6,806.59 K -9 Unit Officer Dale Owens 8,072.40 Officer Joyce Garner 3,668.68 Total back wages $29,555.24 and; WHEREAS, the Wage and Hour Division's investigation of all local government practices regarding the assignment of police officers to Motorcycle and K -9 units was prompted by a U.S. Supreme Court decision, (City of San Antonio vs. Garcia) and; WHEREAS, there was no finding of pre- meditated fault on the part of the City, and; WHEREAS, none of the above named Officers lodged complaints or initiated original contact with the Wage and Hour Division, and; WHEREAS, back pay overtime occurred when Motorcycle Officers performed maintenance on their motorcycles off duty and at home, and; WHEREAS, back pay overtime occurred when K -9 Officers cared for their dogs and cleaned their K -9 cars off -duty and at home, and; w WHEREAS, the City Manager, the above named Officers and the Wage and Hour Division have reached an agreement on the amount of back wages due: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. That the City Manager be directed to prepare individual checks in the amounts indicated above for each of the six officers named. Section 2. That the City Manager execute Wage and Hour FORM WH -58 (Rev. January 1982) titled "Receipt for Payment of Back Wages" on behalf of the City. Section 3. That the City Manager have each officer upon receipt of a City check in the amount described above and approved by the Wage and Hour Division, sign FORM WH -58 releasing the City from any further obligation regarding any unpaid wages in the time period July, 1989 through July 1991. Section 4. That the disbursement be charged to Police Department account number 1910 -1210 "Salaries and Wages ". PASSED AND ADOPTED this 3 day of March 1992. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR 2 +• City of South Miami INTER —OFFICE MEMORANDUM -0: Mayor and Cit OATE t y Commission February 25, 1992 ' 1 amptorr� SUBJECT* Police Dept.- Federal Wage =R °M' City Ma Eger and Hour Motorcycle and and K -9 Units Case I am pleased to report that through negotiations with the Federal Wage and Hour Division Mr. Crosland and I, have settled the Motorcycle and K -9 back overtime pay issue as described in the attached Resolution. As previously discussed with the Commission, I disagree with the Federal Government's intrusion into the operation of our Motorcycle and K -9 units. These units are all volunteer and each officer knew of the off -duty requirements for maintaining their equipment and animals. However, we must obey the current Federal law and regulations. In order to avoid future overtime obligations for these units, the Chief of Police has directed that all equipment maintenance shall be performed on the job, at City Hall or the Motor pool. To accommodate the K -9 officer's seven day -a -week care of "Officer Wodan" (the dog), the officer's time has been adjusted. The Wage and Hour Division originally proposed a back pay amount of $116,000 and included the Sergeants' class . That proposal was not acceptable and the Wage and Hour Investigator was so informed. Mr. Crosland and I presented the City's case and eventually the Wage and Hour Investigator accepted the $29,555.24 back -pay figure and dropped the Sergeants' class. WFH:er Attachments 3 Summary of Unpaid Wages y (Area office Addreui 1150 SW 1st Street Room #202 Mice, FL 33130 1. Name �I Cole, Dion Corbin, Larry Fernandez, Antonio -Garner-, Joyce !?wens, Dale U.S. Department of Labor E+ Wo nr><SWWWds Adminieaauon wage and Moor chrism Compliance Officer. Myrna Moreno Employer Fed. Tax 10 Number. 59- 6000431 3. Period Covered by Workweek Endino Dr i agme to pay the Nsad «■ployeys the baeWwaqweftemon A& Empi*�wNWft&*Adftw lud Proof of R INIft Soy wwwav City of South .. andMM AM oM W add eM South Miami' Police Dept. abMby- March 4, 1992 6130 9camet. Drive S408& - facto - South Miami, FL 33143 i 7 7/89 1 7 ?P i Dan: 12/13/92 4. Ada) 1I5. Grow (tae COda1 Amotxtu below)* II Due H 3,047.79 TOTAL 1$.....29,555.24 ' co dodo 'CA.- 2' OW.. ='. 00M. 4' C�Gy CCU} 6` Foes waft w 4 +U.S.GPO:1 991 X295.387 Receipt For Payment of Back Wages U.S. Department of Labor As oo pad or approved by the Wage and Hour Division Wage and Hour Division Employment Standards Administration i, , hereby acknowledge receipt of payment in full (Type or print name or wnployw) from (Nsme and Wationof establishment) for the period begknirig with the workweek ending through the workweek W40V of unpaid wages due me (as shown in the column to the right) under the Acts) indicated in the marked box("). ❑ The Fair Labor Standards Act ❑ The Davis -9acon and f41lated Acts Gross amount S ❑The WalshrHealey The Contract Work Hours Public Contracts Act ❑ end Safety Standards Act Legal deductions S F7 The Service Contract Act ❑Title III - Consumer Credit Protection Act Net amount received $ NOTICE TO EMPLOYEE. - Your acceptance of back wages due under the Fair Labor Standards Act means that you have given up any right you may have to bring suit for such back wages under Section 16(b) of that Act. Section 16(b) provides that an a M"w may bring suit on his/her own behalf for unpaid minimum wages and /or overtime compensation and an equal amount as liquidated damages, plus attorney's fees and court costs. Generally, a 2 -year SMM of limitations applies to the recovery of back wagm Do not sign this report unless you have actual - ly "wed payment of the back wages due. Signature of employee Date Address (Nusnbsr.SVVO.(W N" City, Stets. Zr Code) EMPLOYEIM CEI MATWN To Wqp and NowDivblm EmpkiqueM 8t mmkw a Adminlsttrstlon U.S. DeparteMt of Labor hereby certify that I ham on this (data) paid the abwAmwned employee in full cove" unpaid wages, as stand above. Signed Manplawor stamissd nsprissntstiw) Me MIALTES, AVE' PRIEW111111111SED FOR FALSE =TATS MOM AND FALSE FACEWM 1. WAGE AND HOUR COPY FortnWlf4d(Rstr.Jan. 1982) �� h