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02-07-89OFFICIAL AGENDA CiTY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING FEBRUARY 7TH, 1989 7:30 P.M. A. Invocation Next Resolution. 8 -89 -7089 Next Ordinance: 4 -89 -1419 Next Commission Meeting: 2/21/89 B. Pledge of Allegiance to the °Flag of the United States of America C. Presentations D. Items for Commission Consideration: 1. Approval of Minutes: January 17th, 1989, Regular City Commission Meeting 2. City Manager's Report 3. City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: NONE RESOLUTIONS: (� 4. A Resolution reappointing "Susan Uhl Wilson as a member of the Environmental Review and Preservation Board to serve in such capacity until March 1st, 1991, or until a successor is- appointed and qualified. (Mayor Porter) 10 - Fj-f - & q *6 5. A Resolution amending Resolution 70 -84 -6024 A by deletff g the Director of Building, Zoning and Community Development as am employee authorized to have overnight and holiday use of a City vehicle. c;=. ner l� np 6. A Resolution authorizing the Planning Board to study the feasibility o closing S.W. 70th Street between S.W. 62nd Avenue west to S.W. 63rd Avenue. (Vice- Mayor Schwait) 7. A Resolution amending the City's adopted pay plan to provide for new salary levels for the position of the Finance Director. L6-- )(Admini strati on) 8. A Resolution authorizing the City Attorney to retain legal consultants in regard to an appellate matter. 8 —F�- ✓f -q (Commissioner McGann) 9. A Resolution to purchase fifteen radios for the `Police Department. �® �o(Administrati_on) 10. A Resolution to purchase five police cars for the Police Department. (Admini:stpaiton) ORDINANCES - FIRST READING: 11. An Ordinance amending the City's adopted Pay Plan to provide for new salary levels for all Department Heads, Assistant Department Heads and Employees hired directly by the City Commission. (Commissioner McCann) 3/5 3/5 3/5 4/5 3/5 3/5 3/5 CITY COMMISSION MEETING MGE 2 CONTINUATION ORDINANCES - FIRST READING: 12. An Ordinance amending Section 16 -13 of Chapter 16 of the City Pension 4/5 Ordinance by eliminating age requirements for eligibility in the Pension Plan; amending Section 16 -14 of Chapter 16 of the Pension Ordinance by eliminating percentage differential benefits between males and females for early retirements; amending sections 16 -12, 16 -18 and 16 -21 of Chapter 16 of the Pension Ordinance by providing for Pension funds to be placed in funding sources as provided by Law; providing for severability; repealing all prior legislation in conflict herewith; providing an effective date. (City Attorney from) Pension Board REMARKS: - �] C� 9 I. Appeal of fine by H & R Paving for starting work. without a permit at: 7631 S.W. 64th Court ,7 0 II. Appeal of fine by H & R raving for starting work without a permit at: 7630 S.W.' 64th_ "Court -7 � �' L/ III.Appeal of fine by Ben's "Air Conditioning for starting work without a permit at: 7000 S.W. 62nd Avenue IV. Carter N. McDowell, Attorney at Law, to address the Commission relative to vested rights for property at 6360 Sunset Drive. DEFERRED AND /OR TABLED: none You are hereby .advised that if an person with respect to any matter considered atthis� g al any meetin aorrehearin decision person will need to ensure that a verbatim record of the proceedingsci�s made, which record includes the testimony and evidence upon which th appeal is based. e e CITY COMMISSION MEETING MGE 2 CONTINUATION ORDINANCES - FIRST READING: 12. An Ordinance amending Section 16 -13 of Chapter 16 of the City Pension 4/5 Ordinance by eliminating age requirements for eligibility in the Pension Plan; amending Section 16 -14 of Chapter 16 of the Pension Ordinance by eliminating percentage differential benefits between males and females for early retirements; amending sections 16 -12, 16 -18 and 16 -21 of Chapter 16 of the Pension Ordinance by providing for Pension funds to be placed in funding sources as provided by Law; providing for severability; repealing all prior legislation in conflict herewith; providing an effective date. (City Attorney from) Pension Board REMARKS: - �] C� 9 I. Appeal of fine by H & R Paving for starting work. without a permit at: 7631 S.W. 64th Court ,7 0 II. Appeal of fine by H & R raving for starting work without a permit at: 7630 S.W.' 64th_ "Court -7 � �' L/ III.Appeal of fine by Ben's "Air Conditioning for starting work without a permit at: 7000 S.W. 62nd Avenue IV. Carter N. McDowell, Attorney at Law, to address the Commission relative to vested rights for property at 6360 Sunset Drive. DEFERRED AND /OR TABLED: none You are hereby .advised that if an person with respect to any matter considered atthis� g al any meetin aorrehearin decision person will need to ensure that a verbatim record of the proceedingsci�s made, which record includes the testimony and evidence upon which th appeal is based. e 4 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, REAPPOINTING SUSAN UHL WILSON AS A MEMBER OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD TO SERVE IN SUCH CAPACITY UNTIL MARCH 1ST, 1991, OR UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED. WHEREAS, there is currently a vacancy on the Environmental Review and Preservation Board. BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Susan Uhl Wilson be and is hereby appointed as a member of the Environmental Review and Preservation Board to serve in such capacity until March 1st, 1991, or until a successor is appointed and qualified. RESOLUTION NO. 70 -84 -6024 B A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION AMENDING RESOLUTION 70 -84 -6024 A BY DELETING THE DIRECTOR OF BUILDING, ZONING AND COMMUNITY DEVELOPMENT AS AN EMPLOYEE AUTHORIZED TO HAVE OVERNIGHT AND HOLIDAY USE OF A CITY VEHICLE. WHEREAS, pursuant to Resolution No. 70 -86- 6024 -A the Mayor and City Commission expressed an intent to allow the overnight and holiday use of the City vehicles for specifically designated employees, and WHEREAS, the Mayor and City Commission wish to specifically delete a designated employee from those permitted vehicle use. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That it is prohibited for any City employee to have overnight or holiday use of a City vehicle except for the following designated employees: a) City Manager b) Chief of Police c) Police Major d) Police Captain e) Police Lieutenant f) Director of Public Works Section 2. That all other terms and conditions of Resolution No. 70 -84- 6024 -A remain in effect. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. 70 -84 -6024 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION AMENDING RESOLUTION 70 -84 -6024 BY INCORPORATING THE PROVISIONS OF RESOLUTION NO. 27 -86 -5098 AND ADDING THE DIRECTOR OF BUILDING, ZONING AND COMMUNITY DEVELOPMENT AS AN EMPLOYEE AUTHORIZED TO HAVE OVERNIGHT AND HOLIDAY USE OF A CITY VEHICLE. WHEREAS, pursuant to Resolution No. 70 -86 -6024 the Mayor and City Commission expressed an intent to limit the overnight and holiday use of City vehicles except for a specifically designated number of employees; and WHEREAS, Resolution No. 27 -86 -5098 specifically deleted a designed employee from those permitted exceptions; and WHEREAS, the City Manager recommends that the Director of Building, Zoning & Community Development be added as an employee permitted to have overnight and holiday use of a City vehicle; and WHEREAS, in order to consolidate these various expressions of legislative intent, the Mayor and City Commission wish to amend the original resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That it is prohibited for any City employee to have overnight or holiday use of a City vehicle except for the following. designated employees: a) City Manager b) Chief of Police c) Police Captain d) Police Lieutenant(s) e) Police Inspectors) f) Director of Public Works g) Director of Building, Zoning & Community Development Section 2. That all mechanically inoperable or aesthetically snfit vehicles be removed from service. PASSED AND ADOPTED thisl9th day of May 1987. MAYOR: ATTEST: MAYOR RESOLUTION NO. 70 -84 -6024 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, SETTING A POLICY PROHIBITING THE REMOVAL OF 'CITY VEHICLES FROM CITY PROPERTY OR MOTOR POOL PROPERTY OVERNIGHT OR ON HOLIDAYS EXCEPTING THE USING OF MOTOR VEHICLES BY: CITY MANAGER, CHIEF OF POLICE, POLICE CAPTAIN, POLICE LIEUTENANTS, BUILDING OFFICIAL AND PUBLIC WORKS DIRECTOR AND FURTHER SETTING A POLICY OF REDUCING THE NUMBER OF MOTOR VEHICLES BY NOT REPLACING VEHICLES WHEN SUCH; VEHICLES ARE NO LONGER MECHANICALLY OPERABLE OR ARE AESTHETICALLY UNFIT. BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That there is hereby set forth e policy prohibiting the removal of City vehicles from City property or motor pool property overnight or on holidays excepting the use of motor vehicles by: City Manager, Chief of Police, Police Captain, Police Lieutenants, Building Official and Public Works Director. Section 2. In addition, there is policy set to reduce the number of motor vehicles when such vehicles are no longer mechanically operable or are aesthetically unfit_ PASSED AND ADOPTED this day of 1989. APPROVED: ATTEST: MAYOR CITY CLERK . ...� .. .. Nr74�4'r ..�.... .,a. —, .•,•"�y F;N�/ r :P.'�7t f.' .c.'..>,v 4. ,. . :L.+t .l' '. u'i�• . : 0 -s ^fkp..#— RESOLUTION NO. 27 -86 -5098 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING RESOLUTION NO. 7044 -6024 , HERETOFORE ,ADOPTED BY THE SOUTH MTAMI CITY COMMISSION, BY DELETING THEREFROM BUILDING OFFICIAL AS AN AUTHORIZED PERSON TO REMOVE CITY VEHICLES FROM CITY PROPERTY OR MOTOR POOL PROPERTY OVERNIGHT OR ON HOLIDAYS. BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Resolution No. 70 -84 -6024 heretofore adopted by the South Miami City Commission, be and the same is hereby amended by deleting therefrom Building Official as an authorized person to remove City vehicles from City property or motor pool property overnight or on holidays. PASSED AND ADOPTED this 18th day of March 1986. APPROVED: t ATTEST- MAYOR f f i CITY JCLERKT RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PLANNING BOARD TO STUDY THE FEASIBILITY OF CLOSING S.W. 70TH STREET BETWEEN S.W. 62ND AVENUE WEST TO S.W. 63RD AVENUE. WHEREAS, in order to preserve the residential character of the City in the area of S.W. 70th Street, north of Sunset Drive; and WHEREAS, in order to promote the public health, safety and welfare of the residents of the area by eliminating excess traffic congestion, the feasibility of closing S.W. 70th Street should be considered by the City's Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission hereby authorize the Planning Board to make recommendations regarding permanently closing S.W. 70th Street between S.W. 62nd Avenue West to S.W. 63rd Avenue. CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm \feasibil.res po RESOLUTION NO. AN RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY'S ADOPTED PAY PLAN TO PROVIDE FOR NEW SALARY-; LEVELS FOR THE POSITION OF FINANCE DIRECTOR. WHEREAS, the Mayor and City Commission has adopted a Pay Plan in conjunction with its fiscal 1988 -1989 annual budget; and WHEREAS, the Mayor and City Commission wish to amend the salary level for the position of Finance Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Pay Plan adopted in conjunction with the City's fiscal 1988 -1989 Annual Budget is hereby amended as follows: CLASSIFICATION Finance Director APPROVED SALARY STEPS 1 -6 $28,564 - 36,459 AMENDED SALARY STEPS 1 -6 $43,094 - 55,000 PASSED AND ADOPTED this day of , 1989. APPROVED 0""7 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO RETAIN LEGAL CONSULTANTS IN REGARD TO AN APPELLATE MATTER. WHEREAS, the City of South Miami has been involved in a special use - permit request in the matter of Mandelstam v. City of South Miami, and WHEREAS, the Mayor and City Commission wish to authorize the City Attorney to retain legal consultants as may be deemed necessary by the City Attorney in regard to further appellate action. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Attorney is hereby authorized to retain legal consultants in regard to further appellate proceedings in Mandelstam v. City of South Miami. CITY ATTORNEY sm`legalcsl.res O s RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, TO PURCHASE FIFTEEN RADIOS FOR THE POLICE DEPARTMENT. WHEREAS, upon recommendation of the Police Chief the City Administration deems it in the public interest to purchase radios to facilitate the proper and efficient working of the department; and WHEREAS, the City Administration is recommending that the equipment be purchased from government bid. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA READ AND APPROVED AS TO FORM: CITY ATTORNEY sm\radiol5.res Q i City of South Miami INTER— OFFICE MEMORANDUM TO: Chief of Police DATE! I Feb 89 FROM! SUBJECT: Lt. G. Fe1dm Radio prices Sir: HT600 Handheld radio, Part #H43SW7160N Includes one H226 battery Individual charger, Part #NTN4633 Spare battery, Part UNTN5414 Radio case GSA Contract #GS00K89AGS0656 Vendor: Motorola Inc. 7715 NW 62nd Street Miami FL 33166 Attn: Joe Leikhim 9 Price per unit $577.80 45.11 45.10 24.50 (09 a.571 EACt-c 02 -51 k I030 -& a. t P RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, TO PURCHASE FIVE POLICE CARS FOR THE POLICE DEPARTMENT. WHEREAS, upon recommendation of the Police Chief the City Administration deems it in the public interest to purchase cars to facilitate the proper and efficient working of the department; and WHEREAS, the City Administration is recommending that the equipment be purchased from government bid. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That five police cars be purchased from Duval Motor Company, at a total cost of $60,990 from State Bid No. 070- 100 -400, to be paid from Account No. 1910 -6430 entitled: Police Equipment Operating. PASSED AND ADOPTED this day of , 1989. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm \cars.res )(D City of South Miami 6130 Sunset Drive, South Miami. Florida 33143 VENDORI DUVAL MOTOR COMPANY PO BOX 7687 JACKSONVILLE PL 32238 All N! -111W. I?RnnVC REQUISITION No- 24509 DATE -TAntlarY -_23- 19RQ__ CONFIRMATION YES (YES OR NO) 05150 -4 ,RPv. 3 ) DELIVER REQUIRED [DELIVERY FOR POLICE DEPARTMENT TO DATE INFORMATION TO BE FURNISHED BY DEPARTMENT FOR PURCHASING AGENT TEM NO'S QUANTITY DESCRIPTION AND SPECIFICATIONS ACCOUNT TO BE CHARGED UNIT ' PRICE TOTAL COST 5 #189 FORD CROWN VICTORIA POLICE iiICLES. CDR STATE OF FLORIDA CONTRACT 11070 -100 -400 SPEC 2A 1910 -6430 11373-00 56,865.00 5 SPOTLIGHT, ONE, LEFT, 6" 59.00 295.00 5 LIMITED SLIP DIFFERENTIAL 85.00 425.00 5 ELECTRIC WINDOWS 389.00 1945.00 5 DISCONNECT COURTESY LIGHTS AND CHIMES 20.00 100.00 5 RnIER FLOORING 22.00 110.00 4 WIRING HARNESS (ONE VEHICLE TO BE USED AS A 65.00 260.00 CANINE UNIT, HARNESS NOT NEEDEDX CODES WIRING, ROOF LAMP WITH 2 HOLES, 7" OFF RIGHT 23.75" FROM WINDSHIELD 4 DISCONNECT REAR ELECTRIC 171UMOVIS (DO NOT DISC- 10.00 40.00 ONNECT ON CANINE UNIT WITH WIRING HARNESS DELETED AS NOTED ABOVE) EXTENDED WARRANTY (3 YEAR /2009000 MILE) :340.0 1700.06 5 DELETE AM/FM RADIO (150.00 (IS 0-.00 MARK POI CONF TION OF TELEPHONE ORDER FLACBD' TOTAL X60,990.0 WITH JOE RUMS ON 01- 24 -89. DO HOT DUPLICATE. PURCHASE TERMS '' ORDER NO. /DISGQUNT I I HEREBY CERTIFY THAT THE ABOVE MATERIAL, EQUiiti .COOING OF ACCOUNTS APPROVED i'ORCNAiC3 AS +tiOYE APPROVED AND 13lVA11tE Of MENT, OR SERVICE IS ESSENTIAL AND A PROPER REQUEST PURCKASt ORDEItr AUTHORIZED. AGAINST THE CODES CHARGED. ' SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED EXCEPT AS OTHERWISE NOTED.) HEAD OF DEPARTMENT FINANCE DEPARTMENT ;CITY MANAGER 05150 -4 ,RPv. 3 ) ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY'S ADOPTED PAY PLAN TO PROVIDE FOR NEW SALARY LEVELS FOR ALL DEPARTMENT HEADS, ASSISTANT DEPARTMENT HEADS AND EMPLOYEES HIRED DIRECTLY BY THE CITY COMMISSION WHEREAS, the Mayor and City Commission has adopted a Pay Plan in conjunction with its fiscal 1988 -1989 annual budget; and WHEREAS, the Mayor and City Commission wish to amend the salaries of certain City employees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Pay Plan adopted in conjunction with the City's fiscal 1988 -1989 Annual Budget is hereby amended as follows: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: APPROVED AMENDED CLASSIFICATION SALARY SALARY STEPS 1 -6 STEPS 1 -6 City Clerk $ x§,566 $ City Manager 50,000 Finance Director 28,564 - 36,459 36,423 - 46,486 Asst Finance Director 22,008 - 28,091 23,479 - 29,965 City Attorney 54,600 BZCD Director 28,564 - 36,459 34,689 - 44,273 Public Works Director 28,564 - 36,459 33,437 - 42,164 Asst Public Works Director 29,067 - 31,995 27,180 - 34,689 Police Chief 33,010 - 42,133 40,157 - 51,251 Police Major 291119 - 37,166 34,689 - 44,273 Police Captain 28,452 - 36,315 33,037 - 42,164 Police Lieutenant(s) 27,894 - 35,603 31,F464 - 40,157 Recreation Director 28`,564 - 36,459 31 ,464 - 40,157 PASSED AND ADOPTED this day of APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 16 -13 OF CHAPTER 16 OF THE CITY PENSION ORDINANCE BY ELIMINATING AGE REQUIREMENTS FOR ELIGIBILITY IN THE PENSION PLAN; AMENDING SECTION 16 -14 OF CHAPTER 16 OF THE PENSION ORDINANCE BY ELIMINATING PERCENTAGE DIFFERENTIAL BENEFITS BETWEEN MALES AND FEMALES FOR EARLY RETIREMENTS; AMENDING SECTIONS 16 -12, 16 -18 AND 16 -21 OF CHAPTER 16 OF THE PENSION ORDINANCE BY PROVIDING FOR PENSION FUNDS TO BE PLACED IN FUNDING SOURCES AS PROVIDED BY LAW; PROVIDING FOR SEVERABILITY REPEALING ALL PRIOR LEGISLATION IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami has retained pension consultants to review the benefits and funding provisions of the City's Pension Plan; and WHEREAS, pursuant to the advise of its consultants, the City's Pension Boards have recommended the following amendments to the Pension Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Sections 16 -13 (b) & (c) of Chapter 16 of the Code of Ordinances is hereby amended as follows: See. 16 -13. _Eligibility. (b) Each employee who becomes an employee subsequent to October 1,, 1973, shall be a participant on the first participation date on which he has completed' six (6) months of credited service and has attained his twentieth. birthdayr . I." afL4 - t-1:+& gl$yae -i•s- aas € -as- -gr ee t - lie -sl l•- e I we- al:tai - 1:ii-a- f-i-pti4t4 - hl•�►ti (c) An employee who has received a cash payment under Option 1 of section 16 -17(b) may elect to participate in the plan upon meeting the following requirements: (1) Election to participate must be made Within thirty (30) days of receipt of notice of eligibility to participate. (2) Such employee had received a cash payment under Option 1 of section 16- 17(b). (3) Such employee pays to the employer an amount equal to the amount` of cash payment he received under Option 1 of section 16 -17(b) plus credited interest compounded annually at the rate of three (3) per cent per annum from the date on which such cash payment was made to the date of such repayment. �a Participation under this section will be effective as of September 1, 1977. In determining an employee's credited service at any future date, there shall not be included any service during which the employee did not was- e44g4b1e --e participate under this plan. bbt- d -e�bT Section 2. That Section 16 -14(c) of Chapter 16 of the Code of Ordinances is hereby amended as follows: Sec. 16 -14. Pension benefits and retirement date. (c) Early retirement. A participant, excluding those participants who are classified as policemen,- may elect an early retirement date which may be the first day of any calendar month coincident with, or subsequent to his sixtieth birthday and his completion of fifteen (15) years of credited service. The pension benefits payable to any such participant on his early retirement date shall be equal to an actuarial equivalent', determined in accordance with Table 1, of the amount of pension to which he is entitled up to his early retirement date in accordance with subsection(b). A participant who is classified as a policeman may elect an early retirement date which may be the first day of any calendar month coincident with, or subsequent to his fifty -fifth birthday and his completion of fifteen (15) years of credited service. The pension benefits payable to any such participant on his early retirement date shall be equal to an actuarial equivalent, determined in accordance with Table II, to the amount of pension to which he is entitled up to his early retirement date in accordance with subsection (b). TABLE I - -Age 65 on Normal Retirement Date Years prior to normal Percentage retirement date , Mahe �e a•�e 1 9414% 91.8% 2 9.1— 84.5' 3 74 =2 77.9 4 6 *r 'I2.1 5 66.9 Age on normal retirement date shall be age nearest birthday. Years prior to normal retirement date shall mean years and completed months from early retirement date to normal: retirement date. Allowance for such months shall be made by interpolating in this table.__ TABLE II Percentages for Early Retirement Date Years prior to normal Percentage retirement date ga-l-e - F4*ale 1 94-:g, 92.9% 2 94r! $6.5 3 ? * =9 80.7 4 74r 75.5 5 &&r9 70.7 Age on normal retirement date shall be age nearest birthday. Years prior to normal retirement date shall mean years and completed months from early retirement date to normal retirement date. Allowance for such months shall be made by interpolating in this table. Commencing after the participant's normal retirement date the Basis Benefits of any participant retiring on or after October 1, 1970, will be supplemented by the applicable Supplemental Benefit determined in the same manner as in section 16- 14(b)(2). Section 3. That Section 16 -12 of Chapter 16 of the Code of Ordinances is hereby amended as follows: Insurance Company &hal-1 may mean New England Mutual Life Insurance Company of Boston, Mass. Investment shall be permitted in any fund, stock, insurance ooliev or anv other instrument or method as rovided by law. Group Annuity 'Policy shall mean a policy as described in section 16 -18(a) and issued by tl:�e an insurance company. Section 4. Section 16 -18 of chapter 16 of the Code of Ordinances is hereby amended as follows: Sec. 16 -18. Group annuity policy. (a) The employer, in order to provide the benefits of this plan, s4a1-1 may procure from i,% an insurance company a group annuity policy. In general, such group annuity policy shall provide for the establishment and maintenance of a fund or funds by the insurance company to which contributions will be credited and from which will be withdrawn the amount necessary to pay pension benefits at retirement and to pay such other benefits as may be provided by the plan. Any monies not so invested may be invested in other methods as provided by law. (b) The terms and provisions of such group annuity policy shall be agreed upon between the employer and "w Raglra?PA- M- atual -L4€e the Insurance Company and shall, to the extent possible, be consistent with the provisions of this plan and any amendments hereto. Section 5. Section 16 -21 of Chapter 16 of the Code of Ordinances is hereby deleted in ilia entirety: Sec. 16 -21. The insurance company. (- a }- Newagl- aactraal- b►f-e 1:�raaee- g�a- s11< -ao e• a --per -a � �€- - ��re-- �-.� -� a a- -p-1=a � --��re -- s-h-a1 �= � -ka�e -may �Leapee-s4-t>-1- arty- t -o-t-4 a - g -et- -tie- j�-1a-n-- o-a - €e-r -may a-&t,i-oa- takea- by- -t4ie--pe�-o� - -mow- le*d -- # 1--, f-e 1: asaaaaae•- Seapany-- sha -1-- -be-- f41- lg- pip e4ee4e4- 4+-t -- cue$ -1i*g -*iriTh t,h- e-- pe- n- &4e-n- --b 0a-a4- 4re- 4- 1- 1-- *fi-G-tr9P -9- -aa4- R-- a<-ae -pt-i-r*g e. exi-,r -i u - € -ro� -t'he --gem i:-&R- -ep --# -e 3-ojy&tLs app-ley crag -eeat P1bttt;1saa- ae- 44+�d- -by- 44me- i-ora- ---aR4 wthe�t-- i- sb #t3-- tso- -tk ap }eaea -€ - s�reh-- py��eats� dew -1�� - �.t#, -�_ �- t`�'�- -base �a�a�e• --G�m � aa3�-- e����- -t-�e Ii•abI &- €ef -4,4- e- -1 -eke -- 0-1 =- aay - €uae- a -Kee -P -t- 4- 9- -PrcAF- -d6 - ii+-tire Vii} } - New- gag4aae -Ott ua.- l- =�A-f -e- -I 3ve-- G«n�y`- ebarri--b►e ft}I y- -t et;ee- -o -aa - i- aei•1- t y- a- s;UMi.Dg t -- t�ki•e 134-a-a- lea- ast,- ieeeR - a -&t4ee at=-- army- -e-e�eat, -ern- t,ef e€-- i•s-- paa* - -haa- f �e�e �v-ed -bye -tTt}e -tee sataa�ee - e�a�gat}y< -at -��s - lea -ep €tee �ac -New - Eaglaad- mot*ha- 1- 4A-#e- -boe fle1.1•y - p Pets a ted - 4 a- 4ea- 14-F�9-- W-i-t4-1-44-re- 1�& - Who--&P49- - *e*beP0 9. €-- t,4& --p�&Ie+l- b�qa I-aaePart94q- - G4q*p,&ay -at -1•�s -lie -e 1= T Section 6. A true copy of this Ordinance shall be transmitted by the City Clerk to the New England Mutual Life Insurance Company. Section 7. If any section, clause, sentence or phrase of this Ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall in no way effect the validity of the remaining portions of this ordinance. Section 8. All ordinances or parts of ordinances in conflict herewith be and the same hereby repealed. Section 9. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1989. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORMS CITY ATTORNEY underlining shows additions - - - -- shows deletions sm.retirement.ord 4 k RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING AN ADMINISTRATIVE APPEAL FROM A DECISION OF THE ADMINISTRATION REGARDING A BUILDING PERMIT FINE FOR PROPERTY LOCATED AT 7631 S.W. 64TH CT. WHEREAS, the City Administration has imposed a $500.00 fine and a $ 170.00 Quadruple Fee regarding a building permit at 7631 S.W. 64th Ct.; and WHEREAS, the Applicant wishes to appeal this decision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the appeal of the Applicant from a decision of the City Administration is hereby denied. PASSED AND ADOPTED this day of ,1989. APPROVED ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm bldper14.res Y 9 January 24, 1989 H & R Paving, request to be on the regular City Commission agenda on February 7, 1989, to appeal the quadruple fee of $170.00, and the $500.00 fine assessed to for starting the work prior to securing the proper permit on the job located at 7631 S.W. 64th Ct. The Commission meeting will be held at 7:30 P.M., 6130 Sunset Drive, Commission Chambers. X�a ae H & R Paving Witness cc: Building Dept. City Clerk r- k5 DS/t Date r, CITY OF SOUTH MIAMI ® BUILDING AND ZONING =OLIO NUMBER: u1DO -: PERMIT ACVs hl! —W No. `TYPE OR PRINT APPLICANT itLL INSIDE 3UILDING PERMIT APPLICATION HEAVY LINES 3WNER. / , `v • TEL NO.e_ ",+LAIC ADDRESS 7�3,/sw.��c�, BUILDING CONTR LAAIL ADDRESS ARCHITECT "`� �" e ENGINEER .TEL RO S t' c;261 : -?av LEGAL DESCRIPTION OF JOB: LOT N0. BLOCK NO SUBDIVISION SEC. Two. RGE. _ Olt 'FETES A BOUNDS P. D. A PAGE NO, '/7 STREET ADDRESS OF JOB 1 6 ;�/_ 5;:' C"l 6 / C 7 LOT SIZE SURVEY ATTACHEDI LOT STAKED?_ PRESENT USE (VACANT, OR NO. OF BUILDINGS AND USE OF EACH,) �f �l U let CITY PERMIT FEES - 7D W *.g, imposed by State Legislature for the Development of Radon Resistant Building Codes TOTAL FEES - b ' OWNER- BU'LDER QUALIFIED Y N C:N£CrtED BY BED CARD ELEV, SURY. DRAINAGE PLAN YIN. FL. ELEV. REO'O_Y_N_at910— Y_N_CMECGED IP*OJ.)_Y_IE_ABOVE M.S.L. YELLOW NUMBER CONCRETE LARD Y N TESTS REQUIRED E MG. PILE ORIV. SUPER „—Y —N— SUPER. —Y_N— OTHER GROUP AND TYPE CONTRACTOR DIV ISIOM CONST. *UAL. TO BUILD_Y_N_ PREFAB UNITS SNO► DWGS. REAL A ►POOV ED_�Y��N_REOUIR ED Y_N,_�RE00._Y TT _M` LOT X SQUARE /0 COYER. FEET {/- THIS PERMIT INCLUDES: ESTIMATED ►RING. VALUE FEE BLDG. n S S ACCESSORY BLDG. n SCR'N ENCL. n ROOF L FENCE 13 POOL n o v. , PAVING /,�_ I HERESY MARE APPLICATION FOR PERM IT TO ERECT Q ALTLR 0 DEMOL IBM ® ADD D G 1 A1HT RE ►Ai REMOVE L REMODEL • STORY RESIDENTIAL a COMMERCIAL© TOTAL SLOG. VALUE I FEES ROOF 0 STRUCTURE WITN CIS I] FRAME Q OTHER CONSTRUCTION OCCUPANCY PERMIT FEE FORT E FO LL WING SPECIFIC U E AND OCCUPANCY $ s o i fJ / _ //l L' e- TOTAL AMOUNT DUE S -` �✓ jjj7T7 f C y ! CUBE 20ME REQUIRED OFFICIAL HWY. WIDTH Additional items shown on the plans and covered by this Permit: WALL Q FENCE L! PAVING_ .SCR. ENCL.13 POOL ❑ SOAKAGE Iii L PAINT DEDICATED WIDTH 140. OF NO, OF NO. OF HOTEL .LOT DIMENS. LOT AREA LIVING UNITS BEDROOMS STORE UNITS PERMIT No. Yr ATt, CO. DEED REST'R B RESOLUTIONS CNECKED. Y N NAME OR roLLUTIOw WELL- PERMIT mcs. i UNDERSTAND THAT SEPARATE PERMITS MUST BE OBTAINED FOR THE FOLLOWING ITEMS. PROOF OF UNLESS SPECIFICALLY COVERED BY THIS PERMIT: ELECTRICAL, PLUMBING, SEPTIC TANK. OWNERSHIP E WELL. NEATER, AIR CONDITIONING, 30AXASE PITS. BOILERS. SIGNS. ELEVATORS. FENCE, $ CREEN. ENCLOSURES, WALL. PA AND L; AND THAT 1% SIGNING THIS APPLICATION, I AM RESPON E FOR THE UP RVIS AND COMPLETION OF THE CONSTRUCTION in VIOLATIONS ACCORDANCE H THE PLA SP ICATiONS ANO FOR COMPLIANCE WITH ALL FED- CHECK: CHECKED BY ERAL STAT D COUNTY W APPLI LE. CONTR.CERT. (31ENGEBFFOj Gont(ro /c ^to /! ;rNallJterJ o r Uu :Rer- Builder Oniy) WITNESS ICLERK) l ' n /1 7.L l 1 14 / DATE Ar CONDITIONS UNDER WHICH t ISSUED BY: ,CH CKED BY DATE CHECKED By DATE: FAILURE TO COMPLY WITH THE MECHANICS LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENT O t i i i APPROVED DATE DISAPPROVED ZONING STRUCTURAL STRUCTURAL PLUMB ING ELECTRICAL )CCNANICAL t ISSUED BY: ,CH CKED BY DATE CHECKED By DATE: FAILURE TO COMPLY WITH THE MECHANICS LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENT O t i i i RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING AN ADMINISTRATIVE APPEAL FROM A DECISION OF THE ADMINISTRATION REGARDING A BUILDING PERMIT FINE FOR PROPERTY LOCATED AT 7630 S.X. 64TH CT. WHEREAS, the City Administration has imposed a $500.00 fine and a $ 140.00 Quadruple Fee regarding a building permit. at 7630 S.W. 64th Ct.; and WHEREAS, the Applicant wishes to appeal this decision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the appeal of the Applicant from a decision of the City Administration is hereby denied. PASSED AND ADOPTED this day of ,1989. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm bldper13.res P4^—,dtr /< -S 11' January 24, 1989 H & R Paving, request to be on the regular City Commission agenda on February 7, 1989, to appeal the quadruple fee of $140.00, and the $500.00 fine assessed to me for starting the work prior to securing the proper permit on the job located at 7630 S.W. 64th Ct. The Commission meeting will be held at 7:30 P.M., 6130 Sunset Drive, Commission Chambers. H & R Paving —a- 7,-�c� 4xlf I - Witness cc: Building Dept. City Clerk //,:: � �9 ate Dalte ,CITY OF SOUTH MIAMI •ZIOD -1 PERMIT BUILDING AND ZONING Rsys 5-11AN No. OLIO NUMBER: ' TYPE OR PRINT WILDING PERMIT APPLICATION A►nlHE `I ESNfloE W NE11 / /// - , AlAld ✓e TEL 4AIL ADDRESS ��3 s•�'�• 3UIlOFt10 CDNTR. TEL MO 4AIL ADDRESS J •RCNITECT '-2 ENGINEER C f L��OG LEGAL DESCRIPTION OF JOB: LOT NO. BLOCK NO.. SUBDIVISION - SEC. TWP, AGE. OR 1., CITY PERMIT SEES - *J!r& unposed by State Legislature for the Development of Radon Resistant Building Codes TOrAL FEES - t bhp, n ANG 0 WNtR.BU1L0ER OWALIFIED Y N CHECKED BY REQ CARD ELEV. SYRV. BRAIR"It PLAN YIN. FL. ELET. REO•O_V,,N�REO•D_Y_II_CNECKEO (PROJ.)_Y_IL_ABOVE M.S.L. YELLOW RvusER CONCRETE CARD Y N TESTS REOYIRED ties. PILE ORIV. SYPCR.�Y�N,�fY ►ER.�Y�N�OTNEf GROUP AND TYPE CONTRACTOII D'VIf10N CORST. OPAL. TO BUILD_Y. —N- ►RE ►AB UNIT! lIOf DWGS. PEAL AP PROP ED_ NE OY IN EO Y_M�,�REOD.��Y�_� N� COT R SOUARE C COVER. F[ET (,C� tJ`J THIS PERMIT INCLUDES: METES 8 BOUNDS P.B_ & PAGE NO. ESTIMATED PNiNC. VALUE FEE NLOi. n $ S STREET ADDRESS OF !OS (�J (�(�/ ♦fG�. /• ACtfSSONV OLDS. n SCR•N ENCI. n LOT SIZE SURVEY ATTACHED? LOT STARED? PRESENT USE (VACANT, OR NO r6j, ROOF a BUILDINGS AND USE OF EACH.) FENCE 10 Jam. POOL 19 _ PAVING _1 rp SOAKAGE PIT I HERESY. MAKE APPLKATIDN TOR PERMIT TO ERECT Q AVILA D DEMOLISH ❑ ADD ❑ �'••♦� �' PAINT REPAIR REMOVE ❑ REMODEL❑ A STORr RES1DENTILL. ❑ C04MERCLLL❑ TDTAL RLO'i. VALUE S FEES O J •OOP ❑ STRUCTURE WITUCes FRAME O OTHER CONSTRUCTION OCCUPANCY PERMIT GEE • FOR THE�LL�OWIN�QSPPE�CIFIC USE AND �OCf UPANCY 1I�iCyiLl1 l , ` --&e 'e I< LY �/ ✓Pr TOTAL AMOUNT DUE S .Q Additional items shorn on the plans and covered by this permit: WALL Ij FENCE LI PAVING! SCR. tNCL.0 POOL 0 SOAKAGE Pit ❑ PAINT 00. oP NO. OF N0. OF HOTEL LtVifB YNiTS BEDROOMS STORE UNITS PERMIT NO. WATER Co. NAME OR ►d LUTION WtLI PERMIT M0. UNDERSTAND THAT SEPARATE PERMITS MUST RE ONTAINED FOR THE FOL L OWING ITEMS, UNLESS SPECIFICALLY COVERED ST THIS PERMIT: ELECTRICAL, PLYMOING, SEPTIC TARR, WELL, NEATER. AIR CONDITIONING, SOAEASE PITJ, BOILERS. SIGNS, ELEVATORS, FENCE. ICagan ENCLOSURES, LL, PAVING AND POOL• A 0 SHAT IN SIGNING THIS. APPLICATION.' I AM RESPONSIBLE I� TNE.SUPERVISION D OMPLETION or THE CONSTRUCTION Is ACCORDANCE WITH PLARS AND,�iiff�CIF lC N! AND FOR COMPLIANCE WITH ALL FED- EIIAL STATE yf0 C TY LAWS yPL.RASLE 4lcser-Bsitder CUBE ZONE REQUIRED OFFICIAL HWY. WIDTH s O €OICATED WIDTH o LOT DIMENS. LOT AREA DEEP REST•N 1 RESOLUTIONS CMECREO —Y —N PROOF OF _ e OWNERSHIP CHECKED BY s R VIOLATIONS CHECK: CHECKED BY DATE s 2 CONTR. CERT. NUMBER CLASS CHECKED BY WITNtfS (CLERK) I DATE ACCEPTED: ISSUED BY: DATE: CONDITIONS CINDER WHICH ApPAOVED APPROVED CI TE DISAPPROVED _ FAILURE TO COMPLY WITH THE ZONING MECHANICS LIEN LAW CAN RESULT STRUCTURAL PLUMBING IN THE PROPERTY OWNER PAYING ELECTRICAL TWICE FOR BUILDING IMPROVEMENT MECNANICAL RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING AN ADMINISTRATIVE APPEAL FROM A DECISION OF THE ADMINISTRATION REGARDING A BUILDING PERMIT FINE FOR PROPERTY LOCATED AT 7000 S.W. 62ND AVE. WHEREAS, the City Administration has imposed a $500.00 fine and a $ 279.00 Quadruple Fee regarding a building permit at 7000 S.W. 62nd Ave.; and WHEREAS, the Applicant wishes to appeal this decision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the appeal of the Applicant from a decision of the City Administration is hereby denied. PASSED AND ADOPTED this day of ,1989. APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm bldperl0.res /�,-s 197 January 26, 1989 Ben's Air Condioning request to be on the regular City Commission agenda on February 7, 1989, to appeal the quadruple fee of $279.00, and the $500.00 fine assessed to me for starting the work prior to securing the proper permit on the job located at 7000 S.W. 62nd Ave. The Commission meeting will be held at 7:30 P.M., 6130 Sunset Drive, Commission Chambers. Ben's lu Conditioning �itness ' cc: Building Dept. City Clerk Date Date CITY OF SOUTH MIAi�+1 BUILDING AND ZONING FOLIONUM(BER: szloa -1 RRVe S -11 -88 TYPE OR PRINT BUILDING PERMIT APPLICATION �`PP`I14ANT Y�Li ESNSIDE )WHEN 70,00 PM A 2-,4 TEL MAIL ADDRESS -1 %Vw 8 AWtO+N0�COHTR. / -/" '- S 1 A Ci0 "'�j TEL WAIL ADDRESS Y -2- 0 J L.-- ARCHITECT ENGINEER LEGAL DESCRIPTION OF JOB. SUBDIVISION (4- VLen LOT N0. BLOCK NO SEC. Two. AGE. PERMIT No. CITY PERMIT FEES - *Fee imposed by State 1,egislatare for the Development of Radon Resistant Building Codes TOTAL FEES -�.�:� OW NtR_BUtLDER QUALIFIED Y N CHECKED BY RED CARD �EIEY. RUBY. DRAINAGE PLAN MIN. FL. ELEY. I REQ�D_Y�N_REOAD— Y_N_CHECKED (PROJ.)_Y_N_AROYE P- r� YELLOW NUMBER CONCRETE CARD - Y N TESTS REQUIRED ERG.. PILE DRIP. SUPER._Y -N- SUPER.- Y_N_OTHER GROUP AND TYPE - CONTRACTOR DIVISION CONST. DUAL. TO BUILD_Y_N_ PREFAB UNITS SHOP DWGS. SEAL AP PROVED_ 7_N__ REQU IR ED Y_N_REQD._Y_N'z_ �1 LOT S SQUARE COVER. FEET OR I THIS PERMIT INCLUDES: DATE METES 8 BOUNDS P.B. 8 PAGE N0. PRINC. rI ESTIMATED / I/� A V V L4J ✓"� \_ BLDG. t ; >:lr- ( t 0 s EPEE STREET ADDRESS OF JOB "- ACCESSORY. - PLUMBING SC R'% ENCL. LOT SIZE SURVEY ATTACHED? LOT STAKED? MECHANICAL ROOF PRESENT USE (VACANT, OR NO. OF BUILINGS AN0 USE OF EACH.) FENCE POOL n PAVING n SOAKAGE PIT ❑ ❑ r-7 I HENEBY MAKE APPLICATION FOR PERMR TD EREC- LJ ALTER 1] DEMOLISH Q ADD ❑ REPAIR 13 REMOVE ❑ REMODE A STORYRESDENTI ►L ❑ COMMERCIAL PA, MT TOTAL BLDG. S s p VALUE B FEES OCCUPANCY PERMIT FEE ° ROOF 0 STRUCTURE W RH c5s U FRAME ❑ OTHER CONSTRUCTION FOR THE FOLLOWING SPECIFIC USE AND OCCUPANCY TOTAL AMOUNT DUE S ,1-3- `•� ZONE CUB£ REQUIREd• OFFICIAL HWY. WIDTH z ;-.J �� Additional items shown on the pions and covered by this permit: WALL 0 FENCE (''i PAVING P: SCR. ENCL. POOL WALL LI.( © ❑ SOAKAGE PR ❑ PMHT DEDICATED WIDTH — w 40. OF NO. OF N0. Of HOTEL LIVING UNITS -BEDROOMS STORE UNITS .PERMIT NO. LOT DiMENS. LOT AREA WAITER CO. - DEED REST-It A RESOLUTIONS CHECKED Y N NAME OR roA LVTIC r WELL pr*-.T NO. I UNDER STAND THAT SEPARATE PERMITS MUST BE OBTAINED FOR THE FOLLOWING ITEMS, PROOF OF _ N UNLESS SPEC if IC ALL? COVERED BY THIS PERMIT: ELECTRICAL, PLUMBING, 3E ►Tit TANK, OWNERSHIP p CHECKED BY WELL. NEATER, AIR C.OND ITIONING, SOAKAGE PITS, *OILERS. SIGNS, ELEVATORS, FENCE, P, t SCREEN ENCLOSURES, WALL, PAVING AND POOL; AND THAT IN. SIGNING THIS APPLiCAT10N, I AM It FOR THE SUPfRVIS10N AND COMPLETION # THE CONSTRUCTION IN VIOLATIONS O ACCORD WITK THE PLANS AND SPECIFICATIONS AND FOR COMPLIANCE WITH ALL FED. CHECK: CHECKED BY - DATE ER�.BTA AND C UMTT J¢,M"S APPLICASLE. CONTR. CERT. i NUMBER CLASS CHECKED BY (Signature of E6 Laclar (Qualifier) or Owner-Builder Only) ISSUED BY: DATE. WITNESS (LL[11R) DATE ACCEPTED: CONDITIONS U RWHI H APP ED - Rear k S VT - -- FAILURE TO COMPLY WITH THE MECHANICS LIEN LAW CAN"RESU LT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENT APPROVED DATE DISAPPROVED ZONING STRUCTURAL PLUMBING ELECTRICAL MECHANICAL Rear k S VT - -- FAILURE TO COMPLY WITH THE MECHANICS LIEN LAW CAN"RESU LT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENT Fine Jacobson Schwartz Nash Block & England ote QnTnW Fink center 100 S -Iha tt 4nd Strew M =&n Rori& 33131 f") 577 -4000 Fat (JW} 577 -4088 January 20, 1989 Mayor William Porter City of South Miami 6130 Sunset Drive South Miami., Florida 33143 Re: Vested Rights Determination for 6360 Sunset Drive Dear Mayor Porter: As you know, I represent the owners of 6360 Sunset Drive. This letter will serve as our request to appear before you at your February 7, 1989 City Commission meeting to request a determination of vested rights pursuant to Section 3, Paragraphs D, E & F of'Ordinance 13 -81 -1107, adopted on-June,-3.,--1-981. As you know from my presentation to the Commission at your special meeting on January 18, 1989, the owners of 6360 Sunset Drive processed plans for a two -story RO office building with subsurface parking and gained all final approvals from the City of South Miami prior to the adoption of the November 15, 1988 amendment to the Comprehensive Plan and more recently, the adoption of a new Comprehensive Plan on the evening of January 18, 1989. For your information, I am enclosing an additional copy of the letter I presented at the January 18th hearing. This letter ,lays out in some detail the facts and law surrounding this particular case. If you, any of the other City Commissioners, or the City staff would like any additional information about this Courthouse Plaza 750 Southeast 3-+ Avenue Ft. Lauderdale, Florida 33316 (305) 462-2800 Fax (305) 462 -4503 Barnett Bank Buitt ing - Suite 348 315 South Calhoun Street Tallahassee, Florida 32301 (904) 681-9500 Fax (904) 681 -6651 } Mayor William Porter January 20, 1989 Page Two project or its history, I would be pleased to provide it to you and I will make myself available for meetings at any time. Very truly yours, Carter N. McDowell CNM /dlw Enclosure cc: Vice.Mayor Carl Schwait Commissioner Danny Brown Commissioner Janet Launcelot Commissioner Cathy McCann William Hampton, City Manager John Dellagloria, City Attorney Dr. Peter Genovese WPRL:1LT0120CNM Fine Jacobson Schwartz Nash Block & England One CenTrast Financial Center 100 Soutwasi 2nd Street Miami, Florida 33131 (305) S77 -4000 Fax (305) 577 -4088 January 18, 19$9 „ HAND DELIVERY i Mayor William Porter City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Demand Letter-re: 6360 Sunset..Dr.ive Dear Mayor Porter: We represent the owner----of 6360 Sunset. Drive; South Miami, Florida, which is more particularly described as Lot 2, Block 2, of Lawrence Homesites (the "Property "). The Property is owned by the 6341 Partnership which consists- of two physicians who have. no prior development experience.. The Property is 16cated:.at. the .southeast ,cor-ner of S ;; .72nd Strut and S,W... 64th - .Cour. and :is the most :xvesterl Re3idental :Cf f ire ' (:KD)arcei the south side of -Sunset -Dr.ve _ The Partnership spent considerable time and money developing plans for a two - story RO office building with subsurface parking in accordance with all applicable City, County, and State ordinances, rules and regulations. (the "Project ") This includes: architectural plans and models, engineering plans, sewer plans, surveys, subsurface soil analyses, pump station designs; preparing applications for and receiving permits from Dade County Department of Environmental Resouce Management and the Florida Department of Transportation, obtaining and renewing a .$200,000 bank note and various other expenses totaling between $30,000 and $50,000. In addition, numerous modifications were made in response to City and state requirements, including modifications to ingress and egress to provide minimal disturbance to surrounding property; additional landscaping to provide visual buffers; architectual modifications to provide a residential appearance; and awnings to enhance neighborhood appearances. All of these changes added to the time and expenses of the Partnership. After working for months to gain the required approvals from City staff, the Environmental Review Board and ultimately Courthouse Plaza 750 Southeast 3a Ancnue Ft. Lauderdale, Florida 33316 (305) 462 -2800 Fax (305) 462 -4503 Barnett Bank Building . Suite 348 315 South Calhoun Street Tallahassee, Florida 32301 (904) 681- 9500 Fax (904) 681 - 6651 Mayor William Porter January 18, 1989 Page Two the City Commission, the Parntership received the attached letter from Sidney Kirk, dated May 12, 1987, which states that all plans have been approved and that "a permit to build may be drawn at any time." The owners were never informed, nor was any indication made, that the building permit had to be drawn within any specific period of time. To the contrary, the letter states all building plans have been approved and a building permit "may be drawn at any time." Relying upon this letter and the prior approval by the -City Commission, * the. Partnership entered into negotiations with several potential joint venture=-partners-Viand 'purchasers of the Property . culminating in -a currently pending 'of fer'. - -to ­ - purchase the. Property contingent - �-upon ..perm_ission_ to.--. develop.. -the : Property -.'.in accordance with the approved plans_ Pursuant to this offer, -an inquiry was made by*the potential buyer regarding the approval.of the proposed Project and for the first time the City notified -the purchasers and the owners that the City of South Miami amended its Comprehensive Plan to prohibit - subsurface parking within RO districts on November 15'1 1988. Based upon the. new Comprehensive Plan amendment; Soheil.a Gour-darzi stated -.that the. .Project.-" is no nger,.pe ted:.and `aprdved ; :. Without - `'subsurface parking, the' -Project will . lose between 50 of the building area due to inability to gain access to the rear - of the Property from the side street and the prohibition of parking in the front setback area. This reduction in building area will render the Property virtually unbuildable. The Partnership had no knowledge of any hearings regarding the proposed change to the Comprehensive Plan. Moreover, as far as the Partnership is aware, none of the various prior parties interested in purchasing the Property were ever informed of the proposed changes to the RO regulations. Further, the draft Comprehensive Plan still permitted subsurface parking until the City Commission amended the Plan prior to transmittal. One can understand Ms. Gourdarzi's interpretation because no specific "grandfather' provisions were included in the Comprehensive Plan as adopted on November 15, 1988. However, the doctrine of equitable estoppel is well established in Florida and this doctrine is applicable to and implied in any local government police power regulation, such as the Comprehensive Plan. Moreover, as Mr. Kirks letter indicates, the Partnership's plans had received all required approvals prior to the November 15, 1988 Comprehensive Plan amendment. The only ^, ,�, s 1� Mayor William Porter January 18, 1989 - Fage Three remaining ministerial act was the signing of the permit upon payment of the fee, hence, the permits for the Project should be issued. The doctrine of equitable estoppel or vested rights has been enunciated in many Florida cases including Town of Largo v. Imperial Homes Corporation, 309 S.2d. 571,572- 573(Fla. 2d DCA, 1975) and Town of Longboat Key v. mezrah, 467 So.2d 488(Fla. 2d DCA, 1985) and is applicable to a local government exercising it police power when a property owner (1) relies in good faith, (2) upon some act or omission of the government, and (3) has made such -a- substantial.'Change in position_ or encouraged such extension obligations an& '.expenses that it would highly inequitable; and unjust to destroy 'the r�ights.'he:had 'acquired::`. Stated more simply: 'Striped of the legal jargon which lawyers and judges have obfuscated it with, the theory of estoppel-amounts to nothing more :.than an* application of the rules of fair- play. . one party.: will :not -be permitted to- invite another .flnto a:. .*Hitt and thee► ae permitted to Snatch:.th i mat .away t0-,.t he detriment °'''o'f e' gamy.` - induced' or ' pe mittied `to stand thereon. A- citizen W`- - entitled to rely on the assurances and commitments of —a zoning authority and if he does, the zoning authority is bound by its representations, whether they be in the form of words or deeds . " in Town of Largo v. Imperial Homes Corp. 309 So.2d 571 (Fla. 2d DCA, 1975 ) (emphasis added) In the Town of Longboat Key case, the doctrine of equitable estoppel was applied despite the fact that the developer had not yet obtained building permits or made physical changes to the land. The developer had expended over $40,000 for the development of architectural plans- and engineering specifications to comply, with state and local governmental requirements. The court felt that to allow the Town of Longboat Key to rescind its approval based upon recently enacted changes would be highly inequitable and unjust. 467 So.2d at 492. In the Town of Largo v_ imperial Homes Corporation, 309 So.2d 571 (Fla. 2d DCA, 1975), the court again held there was no requirement that a land owner obtain a building permit make physical changes to the land in order for the doctrine of equitable estoppel to apply to preclude the municipality from Mayor William Porter January 18, 1989 Page Four making a zoning change. The court in Lar o noted that the mere purchase of land does not create a right to rely on existing zoning, however, the developer had relied on a town approval of a requested rezoning and was obligated to purchase the land an to expend over $60,000 in "architectural fees, interest, taxes, sewer permits and other direct development costs." In Bregar v. Britton, 75 So.2d 753, 756(Fla. 1954), the Florida Supreme Court found that the developer, in reliance on approval of a drive -in theater, had expended money preparing his land for construction and bought sound equipment and accessories totaling $28,000 Subsequent. to this expenditure the -Board -of Adjustment- rescinded- its approval .:due -to. _ protests .**received, _from :certain - citizens. The _. Supreme> Court -found these actions, to .be illegal and void under'the principles of equitable estoppel In -City -of North Miami v. Margulies, 2,89' So. 2d 424, (F1. 3d DCA, 1974), the City was equitably estopped from denying a building permit "where the-plaintiff had incurred extensive financial obligations and expenses in reliance.on a rezoning.of his .property as a RUD. The court noted that *the record supports the-. trial court's conclusion .that- it, would be inequiftabl'e to p1�'iritfff re .`bui:,ltii-ng —o elrinit" CitIng� Bregar v': . Britton, supra,` and "`frity of :�ainesville :.v Sishorp, : %T : �0, ... 100 (F1. lst DCA, 1965), the court !noted expenses were made to comply with conditions imposed by the City, including architects' fees for the preparation of all plans required, engineering fees for testing of the subsurface, preparation of plans for sewage disposal, and all surveying and preparation of engineering data which the City required to be submitted to the central and southern flood control district. In City of Gainesville v. Bishop, 174 So.2d 100 (F1 Ist DCA, 1965), the court held that in view of the good faith reliance upon the City's rezoning and approval of the subject property for use as an automobile service station, resulting in the developers' purchase of the property, and material change position incurring substantial expenses, the City was equitably estopped from prohibiting construction through changes in zoning and distance ordinances and attempting to revoke the building permit'. The plaintiffs had "obligated themselves to buy the property, negotiated for the sale of the property, arranged for mortgage loans, incurred substantial obligations, expended substantial sums of money and otherwise acted in reliance ". s, Mayor William Porter January 18, 1989 Page Five 6 As you can see from these cases, the Partnership has met all of the standards established by the courts for the application doctrine equitable estoppel. 1) It relied upon the approval of the Project by the City staff, the Environmental Review Board, and the City Commission. 2) It incurred substantial obligations in reliance upon the City approval, (3) It would be highly inequitable to apply the new Comprehensive Plan to prohibit the construction of the Project not only because the Partnership would lose the investment of time and money made to date, but also because the new Comprehensive Plan would make the Property virtually unbuildable. Zn contrast to the- -cases discus.sed:.above,.- there is, another :line o-f,older cases that suggest -that the developer or' owner-may not be entitled to rely upon a government action if it' is-apparent -that the "official mind" of the local government is. likely to change. Sakolsky v -City of Coral. Gables, , 151 So. 2d 433 (Fla., 1963). The bottom line question-is whether there has been "good faith reliance". Yet -the Florida Supreme Court in Sakolsky v. Cites of Coral Gables;.; -held that a'--, developer had acted in *good,_ faith even., 'thougTi he } m�giit, 'have ''ha ';:reason 'to, .:bel ieQe� : -.that tide sty s _ "official:--mind'" might:.be . ,Changed,_. where�.:the developer,. atetially changed his position'and incurred•substantial expense in reliance on the actions of the proper municipal officers. Likewise, in the case of Smith v. City of Clearwater, 383 So. 2d 681 (Fl. 2d DCA,1980), the Second District Court of Appeal found that the property owner is entitled to permits under the prior regulations if the proposed changes are not "pending" at the time the plans are submitted to the City. The court stated: "After careful consideration, we believe that the better rule and one which is consistent with most if not all Florida decisions can be stated as follows. Where a property owner meets the requirements specified in Town of Largo v. imperial Homes Corp., 309 So.2d 571 (Fla. 2d DCA, 1975), the municipality will be estopped from denying him a building permit on the grounds that his project constitutes anon- conforming use'. However, even if he has not made the substantial expenditures in reliance upon the city's position necessary to create an estoppel, he is still entitled to obtain a building permit which is within the provisions of existing eJ2�nr_ ks s Mayor William Porter January 18, 1989 Page Six zoning so long as the rezoning ordinance which would preclude the intended use is not pending at the time when a proper application is made. 383 So.2d 689 In this case, there is no question that the Partnership's plans were submitted and approved by the City, including the City Commission, prior to the time the Comprehensive Plan changes could be said to be `pending It should also be noted that due to the complexity of the development process, many- of the equitable estoppel cases involve a substantial delay between the time of Project approval and dater regplatory- changes - sought. to be avoided by:.•the... invocation of the : - estoppel �:doct.rne . F'or _ : example, in Town `of. Longboat Key; there was a one .year delay;. in M cjulies, there was a one to one and one half year delay; in Bishop v. City, of Gainesville, there was a one year delay; and In 'Largo, there was a three.and one half year delay. Here again, the Partnership's activities have been reasonable. and we can :show that they have been actively pursuing the development of. :,'the Property. since. the plans were finally - - . approved : by-the : City ° . In conclusion, after going through -the arduous, expensive and time consuming process of gaining final approval -of the Project from the City, it can truly be said that the Partnership has been invited onto the mat by the affirmative actions of the City culminating in Sidney Kirk's letter. The Partnership has relied upon those actions and is entitled to building permits. Therefore, we are, requesting that the City issue the building permits for the Project based upon the previously submitted and approved plans and specifications. Very truly yours, Carter N. McDowell cc: William Hampton, City Manager John Delagloria, Esq., City Attorney WPRL:OIRGB0113 May 12, 1987 RE: 6360 Sunset Drive To Whom it May Concern: All architectural plans and - building .drawings, including structural, mechanical, electrical, etc,, are on file with the City of South Miami and have been approved by the necessary planning and environmental review. boards. A permit to build may be drawn at any time. Regarding ` the sewer` " : connection, an " .approved `'.." engineering plan bas'been submitted-by'the owners, and the connection is normally done at the time of construction by the plumbing contractor for the project. Sincerely, Sidne . R.ir Chie wilding Inspector City of South Miami R-ek,-) Ql- k:5