6THE 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.:6
A Resolution authorizing a temporary change in the permitted hours of construction operations
of Florida Lemark Corporation 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 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 on the South Miami Hospital pedestrian bridge located over SW 62 nd
Avenue. Public Works may allow one lane closures to perform the work, with an off duty officer.
A fullroad closure will not be allowed.
Not applicable
Not applicable
Resolution
Letter from Florida Lemark Corporation
Ordinance No. 5-15-2212
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2 RESOLUTION NO.: _____ _
3
4 A Resolution authorizing a temporary change in the permitted hours of construction
5 operations of Florida Lemark Corporation to perform work for South Miami Hospital.
6
7 WHEREAS, Pursuant to Section 7 -16(g) of Code of the Ordinance, as amended by Ordinance
8 No. 5-15-2212, all construction sites shall comply with the city's noise code and it provides in pertinent
9 part as follows:
10
11 All construction sites shall comply with the city's noise code. Construction activity is limited to
12 the hours of 7:00 a.m. through-6:00 p.m. on the weekdays of Monday thru through Friday; and
13 between the hours of 9:00 a.m. through 5:00 p.m. on Saturday. No construction activity is
14 permitted on Sunday. Notwithstanding the above, no construction activities shall take place in,
15 or within 500 feet of, residentially zoned districts, other than those in the Hometown District, on
16 either Saturday or Sunday and, as to construction activities in non-residentially zoned districts
17 and in the Hometown District, all days of the week and hours of the day may be changed by
18 resolution of the City Commission upon a finding of extraordinary circumstances.
19
20 WHEREAS, South Miami Hospital is located within Public and Institutional zoning district; and
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22 WHEREAS, the property is located within 500 feet of a residential zoning district, however the
23 property is not located within 500 feet of a residential property; and
24
25 WHEREAS, allowing construction activities in non-residentially zoned districts, may be changed
26 by resolution of the City Commission upon its finding of extraordinary circumstances; and
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28 WHEREAS, South Miami Hospital is having construction performed, but the construction is
29 hampered by the high volume of traffic during the week, with a significant decrease on the weekends;
30 and
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32 WHEREAS, approval of this request will not be detrimental or harmful to the surrounding
33 area of the community at large and the problems being faced by the construction company is
34 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 Florida Lemark Corporation 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 a 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
FLORIDA LEMARK CORPORATION
GENERAL CONTRACTORS. CG0057870
Via Email: gmartinez@southmiamifl.gov
February 8, 2016
Grlzel 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 was awarded a project from Baptist Health System consisting on
the repairs/Maintenance of the 62 Ave Connecting Bridge, within the scope, we are to pressure wash the
exterior of the structure and re·paint the underside and the metal frame.
Since 62 Avenue is a major thoroughfare with heavy concentration of vehicles, in conjunction with the Hospital,
it was decided to request, that, that portion of the work taking place over the road, number one, have the road
closed ( to protect the Vehicles) and again, due to the traffic during the week, suggest to temporary close one
lane at the time during Saturdays, the lowest traffic flow, also we will be using two off duty police officers from
the City of South Miami in addition the proposed MOT, signage to control both sides of the lane closure.
It is anticipated that if only Saturdays we are able to close one lane, the project will require eight (8) Saturdays
to complete, if Sundays are allowed, then we can cut the project to Four (4) weekends.
We would like to attend the meeting with Baptist Health Representatives in order to answer any questions that
may arise during the review.
Thank you for your consideration,
E~~ri~ttt~
Vice ·President
2040 NW 94th Avenue. Doral, Florida 33172. Tel: 305·593·1442. Fax: 305·593·0998
www.floridalemark.com
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 between tQ..the hours ffem of 7:00 a.m. through-6:00 p.m.,on the
weekdays of Monday tI!m through Friday~ and between the hours of 9:00 a.m. through
5:00 p.m. on Saturday.hems shall be Hem 9:QQ a.m. ie S:QQ p.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 finding 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-Iettered 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.
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Ord. No. 05-15-2212
Section 5. Effective Date. This. ordinance shall become effective upon enactment.
PASSED AND ENACTED this17thday of February, 2015.
ATfEST: APPROVED:
M!ff&~
2/3/15
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
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