Res No 046-16-14601RESOLUTION NO.:046-16-14601
A Resolution authorizing a temporary change in the permitted hours of construction
operations of Florida Lemark Corporation to perform work for South MiamiHospital.
WHEREAS,Pursuant to Section 7-16(g)ofCodeof the Ordinance,as amended by Ordinance
No.5-15-2212,all construction sites shall comply with the city's noise code and it provides in pertinent
part as follows:
All construction sites shall comply with the city's noise code.Construction activity is limited to
the hours of 7:00 a.m.through-6:00 p.m.on the weekdays of Monday thru through Friday;and
between the hours of 9:00 a.m.through 5:00 p.m.on Saturday.No construction activity is
permitted onSunday.Notwithstanding the above,no construction activitiesshall take placein,
or within 500 feet of,residentially zoned districts,other than those in the Hometown District,on
either Saturday or Sunday and,asto construction activities in non-residentially zoned districts
and in the Hometown District,all days of the week and hours of the day may be changed by
resolution of the City Commission upon a finding of extraordinary circumstances.
WHEREAS,South Miami Hospital is located within Public and Institutional zoning district;and
WHEREAS,the property is located within 500 feet of a residential zoning district,however the
property is not located within 500 feet of a residential property;and
WHEREAS,allowing construction activities in non-residentially zoned districts,may be changed
by resolution of the City Commission upon its finding of extraordinary circumstances;and
WHEREAS,South Miami Hospital is having construction performed,but the construction is
hampered by the high volume of traffic during the week,with a significant decrease on the weekends;
and
WHEREAS,approval of this request will not be detrimental or harmful to the surrounding
area of the community at large and the problems being faced by the construction company is
extraordinary.
NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHECITYOF
SOUTH MIAMI,FLORIDA THAT:
Section 1:The recitals set forth above have been found to be true and they are hereby
incorporated by reference asiffully set forth herein.The construction hours are hereby changed
temporarily for the current construction activities of Florida Lemark Corporation twrttt 60 days or until
such time as the City Commission or the City Manager revokes these extended hours of operation.The
temporary hours of construction operations are limited to the hours of 7:00 a.m.to 5:00 p.m.on
Saturdays.The contractor,shallhire,at its own expense,anoff duty City of South MiamiPolice officer
for these daysand during the hours from7:00a.m.to5:00p.m.on Saturday ato insure that the owner
and its contractor comply with the City's ordinances and this resolution.The extended hours for
construction activity authorized by this Resolution mayalsobe reduced or revoked upon determination
of the City Manager inhissoleand absolute discretion that aviolationofanyof the City's ordinance or
this Resolution has occurred and has not been resolved to his satisfaction or that the noise level is
otherwise excessive.This resolution maybe revoked at any time in the sole and absolute discretion of
the City Commission.
Pg.2 of Res.No.046-16-14601
Section 2.Severability.If any section clause,sentence,or phrase of this resolution is for any
reason heldinvalid or unconstitutional bya court of competent jurisdiction,the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3.Effective Date.This resolution shall become effective immediately upon adoption by
vote of the City Commission.
PASSED AND ADOPTED this 1st dayof March
ATTEST*APPROVED:
MAYOR'
_,2016.
COMMISSION VOTE:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
4-0
Yea
Yea
absent
Commissioner Liebman Yea
Commissioner Edmond yea
\\WkmSouth'1 Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:
From:
Date:
The Honorable Mayor &Members of the City Commission
Steven Alexander,City Manager
March 1,2016 Agenda Item No.
Subject:A Resolution authorizing a temporary change in the permitted hours of construction operations
of Florida Lemark Corporation to perform work for South Miami Hospital.
Background:The ordinance prohibits construction activity to take place ona Saturday ifitis within 500 feet
froma residentially zoned district.The resolution attached is requesting to waive the restriction,
as permitted in the Ordinance No.5-15-2212.
Florida Lemark Corporation is requesting authority to work on Saturdays,due to the amount of
traffic volume experienced during week days.They are requesting to waive the condition so they
can perform maintenance onthe South Miami Hospital pedestrian bridge located over SW 62nd
Avenue.Public Works may allow one lane closures to perform the work,with an off duty officer.
A fullroad closure will not be allowed.
Amount:Not applicable
Account:Not applicable
Attachments:Resolution
Letter from Florida Lemark Corporation
Ordinance No.5-15-2212
FLORIDA LEMARK CORPORATION
GENERAL CONTRACTORS •CGCOS7BTO
Via Email:qmartinez@southmiamifl.aov
February 8,2016
Grlzet Martinez,E.I.
Engineering &Construction Division
City of South Miami
4795 SW 75 Avenue
Miami,FL 33155
305-403-2063
To whom it may concern;
Our Company,Florida Lemark Corporation wasawardedaproject from BaptistHealthSystemconsistingon
the repairs/Maintenance ofthe62AveConnectingBridge,within the scope,we are to pressure washthe
exterior of the structure and re-paint the underside and the metal frame.
Since 62Avenueisamajorthoroughfare with heavyconcentrationofvehicles,inconjunction with the Hospital,
it was decided to request,that,that portionoftheworktakingplaceover the road,number one,have the road
closed (to protecttheVehicles)andagain,dueto the trafficduringtheweek,suggest totemporary close one
lane at the timeduring Saturdays,thelowesttraffic flow,also we will be usingtwooffdutypoliceofficersfrom
the Cityof South Miami inadditionthe proposed MOT,signage tocontrolboth sides of the laneclosure.
It is anticipated that ifonly Saturdays we are ableto close one lane,theproject will require eight(8)Saturdays
to complete,if Sundays are allowed,thenwecancut the projecttoFour(4)weekends.
We would liketoattendthe meeting with Baptist Health Representatives in ordertoansweranyquestionsthat
may arise during the review.
Thank youfor your consideration,
Eduardo Rodriguez
Vice -President
2040NW 94th Avenue•Doral,Florida 33172 •Tel:305-593-1442•Fax:305-593-0998
www.floridalemark.com
ORDINANCE NO.05-15-2212
An Ordinance amending Section7-16.(g)of theCodeof Ordinances of the
City of SouthMiamiinpertinentparttoprovideforCommissionapproved
change in construction daysand hours of operation.
WHEREAS,fromtimetotimeaprojectthatwillbenefittheCity of SouthMiamimay,
duetoextraordinarycircumstancesrequireworktobeperformedonSundaysandearlierthan
9:00 ajn.on Saturdays and
WHEREAS,theMayorandtheCityCommissiondesiretoprovideformore flexibility
under extraordinary circumstances forchangingthedaysand hours of permissible work.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 7-16.(g)of theCode of Ordinance of the City of South Miami is
hereby amended in pertinent part toreadasfollows:
Sec,7-16.-Pre-construction and construction standards for sites.
***
(g)Allconstructionsitesshallcomplywiththe city's noise code.Construction
activityislimited between tothehours feem of 7:00 a.m.through-6:00 pjgu-on the
weekdays of Monday tea throughFriday:andbetweenthehours of 9:00 a.m.through
5:00p.m.onSaturday .hours shallbofrom9:00a.m.to5:00p.m.No construction activity
is permitted onSunday.Notwithstandingthe above,no construction activitiesshall take
place in.or within 500 feetof,residential^zoned districts,other than those inthe
Hometown District on either Saturday or Sunday and,as to construction activities in
non-residentially zoned districts and in the Hometown District all days of the week and
hours of thedaymaybechangedby resolution oftheCityCommissionuponafindingof
extraordinary circumstances.
Section 2.Codification.Theprovisions of thisordinanceshallbecomeandbemade
part of theCode of Ordinances oftheCityofSouthMiamiasamended;thatthesectionsofthis
ordinance maybe renumbered or re-lettered to accomplish such intention;andthattheword
"ordinance"maybe changed to "section"orother appropriate word.
Section3.Severability.If any section,clause,sentence,orphraseofthis ordinance is
for any reason held invalid or unconstitutional bya court of competent jurisdiction,this holding
shallnotaffectthevalidity of the remaining portions ofthis ordinance.
Section4.OrdinancesinConflict All ordinances orpartsof ordinances and all
sections andpartsof sections of ordinances in direct conflict herewith are hereby repealed.
However,itisnotthe intent ofthis section to repeal entire ordinances,orpartsof ordinances,
thatgivetheappearance of beingin conflict whenthetwoordinancescanbeharmonizedor
when only a portion ofthe ordinance in conflict needs tobe repealed to hannonize the
ordinances.Ifthe ordinance in conflict can be harmonized by amending its terms,itis hereby
amended to hannonize the two ordinances.Therefore,only that portion that needs tobe repealed
to hannonize thetwo ordinances shall be repealed.
Page1 of2
Ord.No.05-15-2212
Section 5.Effective Date.This ordinance shall become effective upon enactment.
PASSED AND ENACTED thisi 7thday of February .2015.
ATTEST:APPROVED:
CLERKS
IstReading -2/3/15
2ndReading-2/17/15
READ ANDAPPR0VED AS TO FORM:
LANGJ^Q^JJBGALn
)NTHERE(
Page2 of2
MAYOR
COMMISSION VOTE:5-0'
Mayor Stoddard:Yea
Vice Mayor Harris:Yea
Commissioner Edmond:Yea
Commissioner Liebman:Yea
Commissioner Welsh:Yea
I i