5THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
AMOUNT:
ACCOUNT:
ATTACHMENTS:
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
March 1, 2016 Agenda Item No.: 5
A Resolution authorizing a temporary change in the permitted hours of construction operations
of Precision Crane & Rigging LLC to perform work for South Miami Hospital.
The ordinance prohibits construction activity to take place on a Saturday if it is within 500 feet
from a residentially zoned district. The resolution attached is requesting to waive the restriction,
as permitted in the Ordinance. South Miami Hospital (SMH) is strongly opposed to work during
the week due to the amount of volume at their emergency facility during week days. T~ey are
requesting to waive the condition so the contractor can erect a crane on multiple Saturdays
(possibly 3), so that access to their emergency facilities is less affected by construction or
maintenance work.
Precision Crane, on behalf of South Miami Hospital, is requesting a permit application to use a
crane on a Saturday. Public Works previously denied the use of the crane during the weekend,
due to Ordinance No. 5-15-2212.
SMH is requesting for the crane to be operated on Saturday, due to the amount of activity during
the week at the Emergency Room. SMH Operations has major concerns regarding restrictions on
weekend work, particularly restricting work that involves road closures & associated construction
activities that they feel should only be performed on weekends. The concern is primarily related
to emergency response vehicles that travel to and from the Emergency Department. Completing
lane closures on and around the hospital campus during high volume traffic times (e.g. Monday
through Friday) creates a safety concern for the hospital, and presumably the community it
serves.
Not applicable
Not applicable
Resolution
Letter from South Miami Hospital
Ordinance No. 5-15-2212
1 RESOLUTION NO.: _____ _
2
3 A Resolution authorizing a temporary change in the permitted hours of construction
4 operations of Precision Crane & Rigging LLC to perform work for South Miami Hospital.
5
6 WHEREAS, Pursuant to Section 7 -16(g) of Code of the Ordinances, as amended by Ordinance
7 No. 5-15-2212, all construction sites shall comply with the city's noise code and it provides in pertinent
8 part as follows:
9
10 All construction sites shall comply with the city's noise code. Construction activity is limited to
11 the hours of 7:00 a.m. through-6:00 p.m. on the weekdays of Monday thru through Friday; and
12 between the hours of 9:00 a.m. through 5:00 p.m. on Saturday. No construction activity is
13 permitted on Sunday. Notwithstanding the above, no construction activities shall take place in,
14 or within 500 feet of, residentially zoned districts, other than those in the Hometown District, on
15 either Saturday or Sunday and, as to construction activities in non-residentially zoned districts
16 and in the Hometown District, all days of the week and hours of the day may be changed by
17 resolution of the City Commission upon a finding of extraordinary circumstances.
18
19 WHEREAS, South Miami Hospital is located within Public and Institutional zoning district; and
20
21 WHEREAS, allowing construction activities in non-residentially zoned districts, may be changed
22 by resolution of the City Commission upon its finding of extraordinary circumstances; and
23
24 WHEREAS, South Miami Hospital is having construction performed in the area around its
25 emergency room but the construction is hampered by the high volume of traffic in and around the
26 emergency department and by the emergency vehicles during the week, with a significant decrease on
27 the weekends; and
28
29 WHEREAS, South Miami Hospital is requesting authority to conduct construction activities on
30 Saturdays from 7 a.m. to 5 pm in order to address safety concerns related to emergency response
31 vehicles that travel to and from the Emergency Department; and
32
33 WHEREAS, approval of this request will not be detrimental or harmful to the surrounding area
34 of the community at large and the problems being faced by the construction company is extraordinary.
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
37 SOUTH MIAMI, FLORIDA THAT:
38
39 Section 1: The recitals set forth above have been found to be true and they are hereby
40 incorporated by reference as if fully set forth herein. The construction hours are hereby changed
41 temporarily for the current construction activities of Precision Crane & Rigging LLC until or
42 until such time as the City Commission or the City Manager revokes these extended hours of operation.
43 The temporary hours of construction operations are limited to the hours of 7:00 a.m. to 5:00 p.m. on
44 Saturdays. The contractor, shall hire, at its own expense, an off duty City of South Miami Police officer
45 for these days and during the hours from 7:00 a.m. to 5:00 p.m. on Saturday to insure that the owner
46 and its contractor comply with the City's ordinances and this resolution. The extended hours for
47 construction activity authorized by this Resolution may also be reduced or revoked upon determination
48 of the City Manager in his sole and absolute discretion that a violation of any of the City's ordinance or
49 this Resolution has occurred and has not been resolved to his satisfaction or that the noise level is
50 otherwise excessive. This resolution may be revoked at any time in the sole and absolute discretion of
51 the City Commission.
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Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any
reason held invalid or unconstitutional by a 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 ___ day of _____ -', 2016.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
II South Miami
Hospital
BAPTIST HEALTH SOUTH FLORIDA
February 10, 2016
City of South Miami City Hall
6130 Sunset Drive
South Miami FI. 33143
Dear City Commission,
6200 SW 73rd Street,
Miami Fl. 33143
Miami, FL 33143
Tel: 786-662-4000
BaptistHealth.net
South Miami Hospital previously approved an access request from a contractor to set a crane on campus
on January 14'h, 2016. The locadon that the contractor proposed for the crane set up was not ideal due
to safety concerns. But considering the crane was needed to hoist materials to replace a badly leaking
roof, the hospital apprehensively approved the request while managing the associated risk.
With that said, SMH Operations has major concerns regarding restrictions on weekend work, particularly
restricting work that Involves road closures & associated construction activities that we feel should only
be performed on weekends. The concern is primarily related to emergency response vehicles that travel
to and from the Emergency Department. Completing lane closures on and around the hospital campus
during high volume traffic times (e.g. Monday through Friday) creates a safety concern for the hospital,
and presumably the community it serves.
The current Ordinance No. 05-15-2212 in place states that "no construction activity Is permitted on
Sunday. Notwithstanding the above, no construction activities shall take place in, or within 500 feet of,
residentially zoned districts, other than those in the 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 the day may be changed by resolution of the City Commission upon a
finding of extraordinary circumstances Jl
•
SMH Operations feels that the safety concern on utilizing a crane in the respective location of SW 74'h
street & SW 62" Pi. during high volume traffic times would be an extraordinary circumstance in which
the City Commission may amend and/or change the resolution to allow such work to be performed on
respective Saturday's.
Please view this as a formal request and advise if this classifies as an extraordinary circumstance to bring
forward a resolution to amend Ordinance No. 05-15-2212.
Regina aroche, MBA
Director, Community Development
reglnaldl@baptisthealth.net'
6200 SW 73" street,
Miami FI. 33143
An ANCC Magnet Hospital:
Recognized for excellence in nursing.
I
I
ORDINANCE NO. 05-15-2212
An Ordinance amending Section 7-16. (g) of the Code of Ordinances of the
City of South Miami in pertinent part to provide for Commission approved
change in construction days and hours of operation.
WHEREAS, from time to time a project that will benefit the City of South Miami may,
due to extraordinary circumstances require work to be performed on Sundays and earlier than
9:00 a.m. on Saturdays and
WHEREAS, the Mayor and the City Commission desire to provide for more flexibility
under extraordinary circumstances for changing the days and 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 the Code of Ordinance of the City of South Miami is
hereby amended in pertinent part to read as follows:
Sec. 7-16. -Pre-construction and construction standards for sites .
• • •
(g) All construction sites shall comply with the city's noise code. Construction
activity is limited eetweeH to the hours from of 7:00 a.m. through-6:00 p.m.,on the
weekdays of Monday thm through Friday; and between the hours of 9:00 a.m. through
5:00 p.m. on Saturday.Ham'S shall ee fram 9:\l\l a.m. ta 5:\l\l fl.m. No construction activity
is permitted on Sunday. Notwithstanding the above, no construction activities shall take
place in, or within 500 feet of, residentially zoned districts. other than those in the
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 the day may be changed by resolution of the City Commission upon a rmding of
extraordinary circumstances.
Section 2. Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3, Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts. of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
that give the appearance of being in conflict when the two ordinances can be harmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed,
Page 1 of2
Ord. No. 05-15-2212
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this17thday of February ,2015.
ATTEST: APPROVED:
M!fftaJtd
1 st Reading _ 2/3/15
2nd Reading -2/17/15
READ AND COMMISSION VOTE: 5-0
LANG Mayor Stoddard: Yea
E Vice Mayor Harris: Yea
Commissioner Edmond: Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
Page 2 of2