08-17-99MAYOR: Julio Robaina CITY MANAGER: Charles Scurr
VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop
COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor
COMMISSIONER: David D. Bethel
COMMISSIONER: Mary Scott Russell
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: August 17, 1999 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: September 7, 1999 Phone: (305) 663 -6340
Time: 7:30 PM
PURSUANT TO FLA STATUTES 286.0105, "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 OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON 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 CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
City of South Miami. Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or
remunerated representative capacity before the City Staff, Boards, Committees and the City
Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in
lobbying activities.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
Reverend David Alicea, Pastor of University Christian Church
C. Pledge of Allegiance:
D. Presentations)
Winner and Participants of Budget Cover Contest
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
June 8, 1999 - Regular City Commission Minutes
July 27, 1999 - Regular City Commission Minutes
2. City Manager's Report
a. Police Department Presentation
3. City Attorney's Report
REGULAR CITY COMMISSION
AGENDA - August 17, 1999
1
CONSENT AGENDA
4. A RESOLUTION
OF THE
MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH
MIAMI,
FLORIDA, RELATING
TO THE PLANNING
BOARD; RESCINDING
COMMUNITY
RESOLUTION NO.
118 -99- 10742;
APPOINTING THOMAS T.
COOPER TO FILL AN
UN- EXPIRED TERM
ENDING MARCH
3, 2000
OR UNTIL A SUCCESSOR IS DULY
APPOINTED AND
QUALIFIED.
3/5
(Mayor Robaina)
3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CAPITAL
IMPROVEMENT ADVISORY BOARD; APPOINTING AHMED KABANI AND
KENNETH FELDMAN TO SERVE FOR TWO YEAR TERMS ENDING
AUGUST 17, 2001 OR UNTIL SUCCESSORS ARE DULY APPOINTED
AND QUALIFIED.
(Mayor Robaina) 3/5
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PARKS &
RECREATIONAL CULTURAL AFFAIRS ADVISORY BOARD;
APPOINTING DANIEL RIVERA AND LAURA RIVERA TO SERVE FOR
TWO YEAR TERMS ENDING AUGUST 17, 2001 OR UNTIL
SUCCESSORS ARE DULY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
7. A RESOLUTI,
CITY OF
ASSIGNMENT
COUNTY FOR
AREA.
ON OF THE MAYOR AND CITY COMMISSION OF THE
SOUTH MIAMI, FLORIDA, AUTHORIZING THE
OF AN INTERLOCAL AGREEMENT WITH MIAMI -DADE
TROLLEY SERVICE IN THE CITY'S REDEVELOPMENT
3/5
B. A RESOLUTION OF THE
MAYOR AND
CITY COMMISSION
OF THE
CITY OF SOUTH MIAMI,
FLORIDA,
RELATING TO CONSULTING
ATTORNEY FEES FOR
COMMUNITY
REDEVELOPMENT
AGENCY,
AUTHORIZING PAYMENT
TO JOHN DELLAGLORIA FROM
ACCOUNT
#610 - 1120554 -3415, CRA GENERAL
LEGAL.
3/5
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $7,289 FOR PURCHASE OF
THE GIS SOFTWARE UPGRADE AND DATA FOR THE PLANNING
DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT
NUMBER 001 - 2100 -519 -5430, NON - DEPARTMENTAL, EQUIPMENT -
OPERATING FY 1'998 -99.
3/5
REGULAR CITY COMMISSION 2
AGENDA - August 17, 1999
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE AMENDMENT
OF SECTION 13 -24 OF THE CITY'S CODE OF ORDINANCES
"SCHEDULE OF LICENSE TAXES" BY INCREASING TAX RATES
PURSUANT TO CHAPTER 205 OF THE FLORIDA STATUTES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
4/5
RESOLUTION (S) HEARING
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
SPECIAL EXCEPTIONS OF SECTIONS 20 -7.8 THROUGH SECTION
20 -7.13 OF THE LAND DEVELOPMENT CODE FOR A MIXED -USE
DEVELOPMENT, PROPOSED ON TWO PARCELS LOCATED IN THE
HOMETOWN DISTRICT HELD UNDER A COMMON OWNERSHIP,
PROVIDING FOR A UNITY OF TITLE FOR THE PURPOSES OF
DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC RIGHT
OF WAY; PARCEL 1 IS LOCATED AT THE NORTH WEST CORNER OF
S.W. 59TH COURT AND S.W. 74TH STREET AND EXTENDING TO
5966 -5970 SOUTH DIXIE HIGHWAY AND PARCEL 2 LOCATED AT
THE SOUTH WEST CORNER OF 59TH PLACE AND S.W. 74'
STREET, SOUTH MIAMI, FLORIDA 33143
4/5
RESOLUTION (S)
There are none
ORDINANCE (S) FIRST READING
There are none
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMKISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION ".
PUBLIC REMARKS
REGULAR CITY COMMISSION 3
AGENDA - August 17, 1999
COMMISSION REMARKS
REGULAR CITY COMMISSION
AGENDA - August 17, 1999
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 8/13/99
CfC404 AGENDA ITEM #
FROM: Charles D. Scurr Comma Mtg. 8/17/99
City Manager Planning Board
The attached resolution sponsored by Mayor Robaina rescinds Resolution No.
118 -99 -10742 which had appointed Mr. Jerry Proctor to fill an unexpired term
vacated by Mr. Rodolfo Pages. Due the work and family demands Mr. Proctor
and to decline the appointment. This resolution appoints Thomas T. Cooper to
the Planning Board. This appointment shall expire March 2, 2000 or until a
successor is duly appointed and qualified.
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RESOLUTION NO.
A, RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PLANNING
BOARD; RESCINDING RESOLUTION NO. 118 -99- 10742;
APPOINTING THOMAS T. COOPER TO FILL AN UNEXPIRED TERM
ENDING MARCH 3, 2000 OR UNTIL A SUCCESSOR IS DULY
APPOINTED AND QUALIFIED.
WHEREAS, The Mayor and Commission recognize the important
contributions made by those who serve on the various city boards
and committees, and wish to appoint a full complement to each of
the active boards and committees;
WHEREAS, the city Commission desires to appoint Thomas T.
Cooper to serve for an unexpired term on the Planning Board.
This appointment shall expire March 3, 2000 or until a successor
is duly appointed and qualified.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby appoints Thomas
T. Cooper to the Planning Board.
Section 2. The expiration date of this appointment shall
expire March 3, 2000 or until a successor is duly appointed and
qualified.
Section 3. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this day of , 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
-moo ui aorr vuvGr', nuri i cx r- ctr,L.rite .wa o0o U.sou r_vi
CITY OF SOUTH MIAMI
6130 Sunset Drive Ph (305) 663 -6340
South Miami, FL 33143 Fax (305) 663 -6348
CITY BOARD /COMMITTEE APPLICATION
1. Name I H,014 44 t PC-1 ,
(please print)
2. HomeAddress 5 5 C, i �,� �7 I .� ;El !\") I
3. Business <L. 4 E t_ . GCUnOC(1.
4. Business Address L A E jJ A I F,'r= --n 0i TC t :S L)1 j "I (A M 1� 1 6 J1 r4
5. Home Phone C Business Phone (_3o5_)
6. Educational Background
A6.k r•r 4-RC.rtta-- T AF- E(Z--ji i'�( �.j^ F L,941 10 A
7.
8.
9M
Community Services
Are
you
a registered
voter?
Yes V,
No
Are
you
a resident of
the City?
Yes V1
No
10. Do you have a business in the City? Yes-L No
Signature / Date ?, `
RESUMES WILL REMAIN ON FILE FOR ONE YEAR
RESOLUTION NO. 118 -99 -10742
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PLANNING
BOARD; APPOINTING JERRY B. PROCTOR TO FILL AN UNEXPIRED
TERM ENDING MARCH 3, 2000 OR UNTIL A SUCCESSOR IS DULY
APPOINTED AND QUALIFIED.
WHEREAS, The Mayor and Commission recognize the important
contributions made by those who serve on the various city boards
and committees, and wish to appoint a full complement to each of
the active boards and committees;
WHEREAS, the city Commission desires to appoint Jerry B.
Proctor to serve for an unexpired term on the Planning Board.
This appointment shall expire March 3, 2000 or until a successor
is duly appointed and qualified.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby appoints Jerry B.
Proctor to the Planning Board.
Section 2. The expiration date of this appointment shall
expire March 71 2000 or until a successor is duly appointed and
qualified.
Section 3. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 8th day of June , 1999.
ATTEST:
CITY CLERK
R EAD AN APPROVED AS TO FORM:
�G fi
TY ATTORNEY
APPROVED:
so-mv.12
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
5 -0
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 614/99
AGENDA ITEM #.6
FROM rtes D. Scurr Comm. Mtg. 618199
City Manager Planning Board
The attached resolution sponsored by Mayor Robaina appoints Jerry B.
Proctor to the Planning Board. This appointment fills a vacancy created by the
resignation of Mr. Rodoifo Pages. The term of this appointment shall expire
March 3, 2000 or until a successor is duly appointed and qualified.
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613 Cl 6=58t DriTO
South lgtami. FL 33143
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Sig=atura Date 2.
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BILZIN SUMBERG DUNN PRICE & AXELROD LLP
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
2500 FIRST UNION FINANCIAL CENTER
200 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 -2336
` TELEPHONE: (305) 374 -7580 • INFOOBILZIN.COM
FAX: (305) 374 -7593 • BROWARD: (954) 462 -6808
JERRY B. PROCTOR, ESQ.
DIRECT DIAL (305) 350 -2361
E -MAIL JPROCTOR@Bilzin.com
Mr. Subrata Basu
Assistant City Manager
City of South Miami
6130 Sunset Drive
So. Miami, Florida 33143
Re: Planning Board
Dear Subrata:
August 5, 1999
VIA FAX & US MAIL
It'is with regret that I must write you to decline my appointment. as a member
of the Planning Board of the City of South Miami.
In talking to John Little and you in recent months about Board membership,
it was my hope that I could devote the proper time and energy to this role, if asked
by the City. However, in realistically reviewing my work and family demands as
the appointment became reality, it has become apparent to me that I cannot devote
the appropriate time and energy to be the type of Board member that the City
deserves. As you know, my work as an attorney involves extensive night hearings
G:\DMS \\ \0253207.01
BILZIN SUMBERG DUNN PRICE & AXELROD LLP
Mr.Subrata Basu
August 5, 1999
Page 2
and meetings after hours with clients and homeowner groups. This creates
scheduling difficulties for outside activity in the evenings on Monday through
Thursday nights. I believe that this fact alone would cause me to miss periodic
meetings of the Board and thereby reduce my productivity to the City in this regard.
In addition, you should be aware that I have a seven year old learning disabled
son, Alexander, who deserves my presence at home as much as possible and my
undivided attention when I am home. Our family efforts with Alexander include
counseling sessions which also occur on weekday evenings. Alexander will enter
a very important school year in his development later this month, and I believe that
it is important that I be with him as much as possible.
Please accept my apology for not coming to this conclusion earlier. By not
doing so, I regret that I may cause the City some practical and administrative
difficulties with your upcoming case flow. I enjoy residing in the City and have
enjoyed my recent service as a member of the Charter Review Commission.
Perhaps at some other time I can better serve the City.
I appreciate your cooperation and look forward to working with you in the
future. ✓
Sincerely,
Jerry B. Proctor
JBP: id
c: John Little, Zoning Administrator (Via Fax & US Mail)
Ronetta Taylor, City Clerk (Via Fax & US Mail)
G:\DMS \\ \0253207.01
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 8/13/99
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 8117199
City Manager Capita! Improvement Board
The attached resolution sponsored by Mayor Robaina appoints Ahmed Kabani
and Kenneth Feldman to the Capital Improvement Board to serve for two year
terms ending August 17, 2001 or until successors are duly appointed and
qualified.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CAPITAL
IMPROVEMENT ADVISORY BOARD; APPOINTING AHMED KABANI AND
KENNETH FELDMAN TO SERVE FOR TWO YEAR TERMS ENDING
AUGUST 17, 2001 OR UNTIL SUCCESSORS ARE DULY APPOINTED
AND QUALIFIED.
WHEREAS, The Mayor and Commission recognize the important
contributions made by those who serve on the various city boards
and committees, and wish to appoint a full complement to each of
the active boards and committees;
WHEREAS, the city Commission desires to appoint Ahmed Kabani
and Kenneth Feldman to serve on the Capital Improvement Advisory
Board for a two year term ending August 17, 2001 or until a
successor is duly appointed and qualified.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Commission hereby appoints
Ahmed Kabani and Kenneth Feldman to serve on the Capital
Improvement Advisory Board.
Section 2. The expiration date of those appointments
shall expire August 17, 2001 or until successors are duly
appointed and qualified.
Section 3. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this day of , 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
� .m°i . «s11 tam — G- tea.^ .'. "* ".— M-11n<
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
v
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, FL 33143
Ph (305) 663-6340
Fax (305) 663 -6348
CITY BOARD /COMMITTEE APPLICATION
1. Name t+ H YY1 G- h Q 10 c3,-11,1
(please print)
2. HomeAddress I ct S 9 4 �Q.
3. Business-40-0P6 S} c) n•,� I Q
4. Business Address 56 o G S Lum,. A Y
5 . Home Phone L-6- 5'9$ - 33 3 Business Phone 300 - 5 q 7 - 37 G o
6. Educational Background
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7.
8.
Community Services
Are you a registered voter? Yes �' No
9. Are you a resident of the City? Yes No
10. Do you have a business in the City? Yes__L,:L' No
Signature C TUVYYI �CX1yL4 Date J Ian
6
RESUMES WILL REMAIN ON FILE FOR ONE YEAR
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CITY OF SO UTS MIAMI
6130 Sunset Drive Ph (305) 663 -63.40
South Miami, FL 33143 Fax (305) 663 -6348
CITY BOARD /COMMITTEE APPLICATION
1. Name
(please print) 7
2. HomeAddress��
3. Business SP ,1 f � G% ca-4 64L 4�
4. Business Address
5. Home Phone 3(A (�� l 7 ��Business Phone �� r-
6. Educational Background �� ����• � /�a /
�j
7. Community Services
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8. Are you a registered voter? Yes V No
9. Are you a resident of the City? Yes No
10. Do you have a business in the City? Yes Nom
Signature Date
RESUMES VXLL RBMAIX OX FILE FOR ONE YEAR
I
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MT OF SOVTS M14W
6130 sunset Drive
South Mimi, FL 33143
Ph (303) 663 -6340
Fax (305) 663 -634$
CTTT Bona. /CQ=TTEl APPTATCA1'YON
1%. Name 1 rt1%
(P ease, print)
2. xomeAddress x,2-7
3. Business "
4: Business Address 1L -`Oho 37 So.,ztr /. 3 zh43
3., Rio=* Phone 3$O Business Phone 305- VI "r 73 80
6. Educational Background
7.
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9.
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Are you a registered votsr? Yes . No
Are you a resident of the City? Yes so
Do you have a business in the City? Yes go
signature
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my
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission
FROM: Charles D. Scurr
City Manager
DATE: 8/13/99
AGENDA ITEM #
Comm. Mtg. 8/17/99
Park & Recreational Cultural
Affairs Advisory Board
The attached resolution sponsored by Mayor Robaina appoints Daniel Rivera
and Laura Rivera to the Parks & Recreational Cultural Affairs Advisory Board.
These appointments shall expire August 17, 2001 or until successors are duly
appointed and qualified.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO PARKS & RECREATIONAL
CULTURAL AFFAIRS ADVISORY BOARD; APPOINTING DANIEL
RIVERA AND LAURA RIVERA TO SERVE FOR TWO YEAR TERMS
ENDING AUGUST 17, 2001 OR UNTIL SUCCESSORS ARE DULY
APPOINTED AND QUALIFIED.
WHEREAS, The Mayor and Commission recognize the important contributions made by
those who serve on the various city boards and committees, and wish to appoint a full
complement to each of the active boards and committees;
WHEREAS, the city Commission desires to appoint Daniel Rivera and Laura Rivera serve
on the Parks & Recreational Cultural Affairs Advisory Board for a two year term ending August
17, 2001 or until successors are duly appointed and qualified.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Commission hereby appoints Daniel Rivera and Laura Rivera
to serve on the Parks & Recreational Cultural Affairs Advisory Board.
Section 2. The expiration date of these appointments shall expire August 17, 2001 or
until successor are duly appointed and qualified.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 51999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
-#93rrrraFii:
PAGE 02
PUG -04 -99 01:42 AM PARKS % RECREATION $691266 P.01
l�J
CITY OF SOtJM ML41ir11
8110 ounset. Drive Ph (303) 663 -6340
South Miamio FL 3x143 Fax (305) 663 -6346
CZSY mcm /cOMI'TT22 APPLICATION
1. were—
(please print)
2. HomeAddress (� 5W RA T, 1--E1 c3vY� 1 1 » mac
3. Business
4. Business Address
5. Home Phana"'. -4a {p�Co ausi.ness Phony
G.
Idu"k:ionai Ba*karound
7. Community services.
8. Ara you a registered voter? Yei No
9. Are yore a resident of the city? you No !+� "��~ �°��`
10. Do you have a business in the City? Pees NoC
signature Dots
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Utz /b4 /ly99 11:42 305- 668 -6677 RIVERA PAGE 01
AUG -04 -99 01:44 AM PARKS % RECREATtOF1 6691266 P.A1
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669-14? (0`4
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Gm OF SOUTH An"I
6130 Sunset Drive
South Miami, FL 33143
Ph (305) 663 -6340
!'ax (305) 663 -6348
=TT BMDJCOf UTTB! APPLZC.ATZolt
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(p I aria print
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A6ry YOU a registered voter? Yes
Are You a resident of th• city? Yes
00 YCU have business " tho city' you Na
Signature
Date
Jtasoarss sr �s z a t� �� tzr x r0A oss rs ue
,r
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and Commission Date: August 13, 1999
Agenda Item # 01
From: Charles Scurr foI Subject: Comm. Mtg. 8117/99
City Manager Interlocal Agreement Trolley
The attached resolution authorizes the assignment of the Interlocal Agreement for
transportation services (CRA Trolley) between the City of South Miami and Miami -Dade
County to the South Miami Community Redevelopment Agency.
This transaction is provided for in the interlocal agreement. The City Commission has
already approved the interlocal agreement and it has been approved by the County
Commission.
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29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ASSIGNMENT OF AN INTERLOCAL AGREEMENT
WITH MIAMI -DADE COUNTY FOR TROLLEY SERVICE IN
THE CITY'S REDEVELOPMENT AREA.
WHEREAS, the South Miami Mayor and City Commission approved the
execution of a Trolley Agreement for service within the Community Redevelopment
Area; and
WHEREAS, the Mayor and City Commission wish to assign the Interlocal
Agreement with Miami -Dade County for such services to the South Miami Community
Redevelopment Agency, as provided for in the Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City of South Miami assigns all rights and responsibilities of
the Interlocal Agreement with Miami -Dade County, in the form attached as Exhibit "I,"
for the provision of trolley services to the South Miami Community Redevelopment
Agency.
Section 2. This resolution shall take effect immediately upon approval,
PASSED and ADOPTED by a vote of the Mayor and City Commission
this day of 11999.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, FL 33143
TO: Mayor and Commission DATE: August 13, 1999
Agenda Item # 0q
RE: A
FROM. Charles Scurr g
City Manager We, Commission Meeting
August 17, 1999
Legal Consulting Services
The attached resolution authorizes disbursement of funds to John Dellagloria, Legal
Counsel for the South Miami CRA. Mr. Dellagloria has submitted an invoice for legal
services rendered for the month of June 1999 in the amount of $1,260. Payment shall
be charged to account #610-1120554-3415, CRA General Legal.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
RESOLUTION #
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CONSULTING ATTORNEY FEES FOR COMMUNITY
REDEVELOPMENT AGENCY, AUTHORIZING PAYMENT TO
JOHN DELLAGLORIA FROM ACCOUNT # 610- 1120554-
3415, CRA GENERAL LEGAL.
WHEREAS, the Mayor and Commission and the Community Redevelopment
Agency (CRA) Board approved Resolution # 263 -98- 10531, authorizing a contract with
John Dellagloria to provide general legal counsel for the Community Redevelopment
Agency; and
WHEREAS, John Dellagloria submitted invoices for legal services rendered for
the month of June 1999 in the amount of $1,260.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. These invoices for attorney's fees from John Dellagloria are approved
for payment, and payment shall be charged to Account No. 610 - 1120554 -3415.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
1999.
T MOB
JOHN DELLAGLORIA
Attorney at Law
2 Datran Center • Suite 1701
9130 South Dadeland Blvd.
Miami, Florida 33156
INVOICE
DIANA MORRIS
ASSISTANT CITY MANAGER/CRA DIRECTOR
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
Professional Services Rendered for period
June 1, 1999 ending June 30, 1999
Re: South Miami - C.R.A.
Total Time: 12.60 x $100.00/Hour
Parking Expense
Postage and Faxes
Phone calls
TOTAL
ARtMENT I
P. 0 NVhd8C
I I i'v " - 4—
lent Head
Phone(305)670-0700
Facsimile (305) 670 -0701
Tax I.D. No. 053 -46 -5054
$1,260.00
No charge
No charge
No charge
$1,260.00
JOHN DELLAGLORIA
Attorney at Law
2 Datran Center - Suite 1701
9130 South Dadeland Blvd.
Miami, Florida 33156
JUNE 1999
Phone(305)670 -0700
Facsimile (305) 670 -0701
6 -03 -99
Draft Resolutions for Interlocal Agreements; Call with Diana Morris
.6
6 -04 -99
Review agenda for meeting of June 7'
.2
6 -07 -99
SMCRA meeting; Call with David Fialkoff, review of County memo
and Resolution
2.4
6 -08 -99
Draft three (3) Public Notices re: Interlocal Agreement
.4
6 -09 -99
SMCRA Advisory Board meeting
1.3
6 -24 -99
SMCRA Advisory Board meeting
2.7
6 -28 -99
Joint SMCRA/City Commission meeting
5.0
TOTAL 12.6
> ,h
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor & City Commission DATE: August 12, 1999
FROM: Charles Scurr SUBJECT: Agenda #
City Manager Commission Me ting August 17, 1999
Purchase of Computer Equipment for City
Commissioners
Request::
Approval is sought through the attached resolution to release funds to purchase FP &L digital
data files, Metro -Dade Tax Record and GIS Street Level files and to upgrade the currently used
ArcView GIS software.
Analysis:
The benefit to the city in time, money and increased service to the public will be achieved by the
various city departments staff members that are required to research various data systems as
part of the decision making process. This system will be available to all the city departments for
a more effective data management and the initial outlay will be recovered with in a short time
frame.
The use of the GIS system would allow the staff to instantaneously find an address on a map
as well as allowing multiple information layers to be displayed at the same time, such as
zoning, flood, sewer, ad valorem property tax and other information provided by different
government agencies in the same GIS format.
Planning Departments
are upgrade will be more effective) used in the I
data and softw
The Y 9 P
p9
i labels for cases that
In addition, upgrade will allow wick generation of mailing assignments. g
p9 q 9
re uire ublic hearings
or studies whi ch ch re uire data
to be displayed in a map format.
The disbursement of $7,289 will be drawn from account number 001 - 2100- 519 -6430, Non-
Departmental,
Equipment-Operating, FY 1998 -99 Bud et FY 1998 -99. The current balance on
9
his "account is 35 077.35.
t $ ,
Recommendation:
It is recommended for approval.
1 RESOLUTION NO.
2
3
4 ` A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
5 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
6 DISBURSE THE SUM OF $7,289 FOR PURCHASE OF THE GIS SOFTWARE
7 UPGRADE AND DATA FOR THE PLANNING DEPARTMENT, AND
8 CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2100 -519-
9 6430, NON- DEPARTMENTAL, EQUIPMENT - OPERATING, FY 1998 -99.
10 WHEREAS, the Planning Department needs to upgrade its Geographic Information
11 System (GIS) software and 'obtain data collected by other agencies; and
i
12 WHEREAS, the upgraded software and data will allow integration of GIS into Planning
13 Department's processing; and
14 WHEREAS, the FP &L and Miami -Dade County are sole providers of the data and IDAS
15 is the original provider of the GIS software under SNAPS # 2521376;
16
17 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
19 Section 1. The City Manager be, and is hereby authorized to disburse the sum of
20 $7,289.00 for the following:
21 • FP &L digital land database ........................................... ............................... $6,019.00
22 • Miami -Dade County GIS Street Level files ...................................................... $200.00
23 • Miami -Dade County Tax Records files ............................. ............................... $165.00
24 • ArcView software upgrade ............................................. ............................... $905.00
25 Section 2. The disbursement shall be charged to Account #001 - 2100 -519 -6430, Non -
26 Departmental, Equipment- Operating, FY 1998 -99.
27 Section 3. This resolution shall take effect immediately upon approval.
28 PASSED AND ADOPTED this day of '1995.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM: Commission Vote:
Mayor Robaina
Vice Mayor Oliveros:
CITY ATTORNEY Commissioner Feliu:
Commissioner Bethel:
Commissioner Russel:
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CITY OF SOUTH MIAMI
To: Subrata Basu Date: July 30, 1999
Planning Director
From: Slaven Kobola, AICP Re: Purchase of GIS data and software
VWGIS Coordinator upgrades
Proposed are the following purchases of upgrades in order to bring the City's Geographic Information
System (GIS) up to date.
Purchase of the following data, as it was proposed by Mr. Little, Principal Planner and accepted by you
and the City Manager:
• Purchase of the FP &L digital land database, Sections 54 40 24; 54 40 25; 54 40 26; 50
40 35 and 54 40 36 (which include properties within the City of South Miami) ......................... $6,019
• Miami -Dade County GIS Street Level files .......... ............................... ........... $200
• - Miami -Dade County Tax Records files ................................ ............................... ........... $165
In addition, the Planning Department was scheduled by the Adopted Budget 1998 -99 to upgrade its GIS
software:
Softwa re u pg rade to ArcView V3.1 3 computers at $ 295 each = 885+
20 A .........................$905
Total: ....... ......................................... ............................... ... ............................... ........................ $7,289
The above items will allow the Planning Department to start integrating the GIS into other Planning
Department's processes.
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E
CITY OF SOUTH MIAMI CITY MANAGER'S OFFICE
TO: Mayor and City Commission DATE: August 17, 1999
AGENDA ITEM
FROM: Charles D. Scurr RE: Occupational License Taxes
City Manager
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE AMENDMENT OF SECTION 13-
24 OF THE CITY'S CODE OF ORDINANCES "SCHEDULE OF LICENSE TAXES"
BY INCREASING TAX RATES PURSUANT TO CHAPTER 205 OF THE FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES
IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
During 1993 the Florida Legislature enacted Chapter 93 -180, Laws of Florida, enabling
local governments to reclassify businesses, professions and occupations and to establish
new rate structures for Occupational License Taxes.
Pursuant to Chapter 93 -180, the City Commission appointed several representatives of
the local business community and established an Equity Study Commission. On
September 19, 1995 the Commission adopted an ordinance including a new
"SCHEDULE OF LICENSE TAXES" consistent with the recommendations of the Equity
Study Commission.
Chapter 205 of the Florida Statutes allows municipalities to increase the Occupational
License tax rates every other year after adoption of tax rates recommended by the Equity
Study Commission.
The City has experienced increased costs in the administration and collection of
occupational licenses. The City did not take advantage of the potential to increase the
fees in the 1997 cycle. It is recommended that the City increase the fees by 5% across the
board. This will not result in any undue hardship. The average fee of $225.00 for
instance, would only increase to $235.25.
RECOMMENDATION
Approval is recommended.
s v ,n�-..amn'*5+'%'°m "..�,� �--s.. , -4 m. ....�. :'�.,— ^^-`�....'�rmF• ..., .. .. r � ;"sn�§ t�A ;� —�.c'a ... �t:
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO; THE
5 AMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE OF
6 ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING
7 LICENSE TAX RATES PURSUANT TO CHAPTER 205 OF THE
8 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
9 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
10 AN EFFECTIVE DATE.
11
12 WHEREAS, on September 19,1995 the City Commission of the City of South
13 Miami adopted Ordinance No. 14 -95 -1587 including a "SCHEDULE OF LICENSE
14 TAXES" regulating the classification of businesses, professions and occupations and
15 establishing rate structures for Occupational License Taxes; and,
16
17 WHEREAS, Chapter 205 of the Florida Statutes provides that municipalities and
18 counties may, every other year, increase by ordinance the rates of local occupational
19 license taxes by up to 5 percent; and,
20
21 WHEREAS, the City did not increase Occupational Licenses Taxes during 1997;
22 and,
23
24 WHEREAS, The Mayor and City Commission desire to amend the "SCHEDULE
25 OF LICENSE TAXES" by increasing all occupational license tax rates by 5 (five)
26 percent.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
30
31 Section 1. Article I, Chapter 13, Section 13 -24 of the City's Code of Ordinances is
32 amended by increasing all rates included in the "SCHEDULE OF LICENSE TAXES" by
33 5 (five) percent as indicated in the amended "SCHEDULE OF LICENSE TAXES"
34 attached to this ordinance.
35
36
37 Section 2. If any section, clause, sentence or phrase of this ordinance is for any
38 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
39 shall not affect the validity of the remaining portions of this ordinance.
40
41
42
43
Additions shown by underlining and deletions shown by ^°°r s
�.�� . ,-... r er , _. ., � .� , . ,. �- . � „�. ,�.�, - � �r - ir+�;�.- .n-a�� • �n-r�?��:-a'a -mow, r ,--
I
Section 3. All ordinances or parts of ordinances in conflict with the provisions
2
of this ordinance are repealed.
3
4
Section 4. This ordinance shall take effect on October 1st° 1999.
5
6
PASSED AND ADOPTED this
day of '1999.
7
8
ATTEST:
APPROVED:
9
10
11
CITY CLERK
MAYOR
12
13
1 st Reading —
14
2nd Reading —
15
16
17
COMMISSION VOTE:
18
READ AND APPROVED AS TO FORM:
Mayor Robaina:
19
Vice Mayor Oliveros:
20
Commissioner Feliu:
21
CITY ATTORNEY
Commissioner Bethel:
22
Commissioner Russell:
23
Additions shown by underlining and deletions shown by °rte o. k
SCHEDULE OF LICENSE TAXES
Individual uses are listed in the "Permitted Use Schedule ", Seet o 20 3.3 «) of included
in the Land Development Code.
1. RESIDENTIAL USES (Apartments only)
100
Up to 5 units
$105.00
$78.75
101
6 to 50 units
203 3,001 to 10,000 sq. ft.
$136.50
102
51 to 100 units
$298
$210.00
103
101 to 200 units
$250
$262.50
104
201 or more units
$399
$315.00
2. PUBLIC AND INSTITUTIONAL USES
201 Up to 1,000 sq. ft.
$499
$105.00
202 1,001 to 3,000 sq. ft.
402
$157.50
203 3,001 to 10,000 sq. ft.
$288
$210.00
204 10,001 sq. ft. and over
$248
$252.00
3. BUSINESS AND PROFESSIONAL SERVICES
301 Sole proprietor
$139
$136.50
302 2 to 9 employees
402
$210.00
303 10 to 24 employees
$210.00.
$288.75
304 25 or more employees
$250
$367.50
4. RETAIL AND WHOLESALE TRADE
401
Up to 1,000 sq. ft.
$439
$136.50
402
1,001 to 2,000 sq. ft.
$200
$210.00.
403
2,001 to 5,000 sq. ft.
$250
$367.50
404
5,001 to 15,000 sq. ft.
$599
$525.00
405
15,000 sq. ft. and over
$59
$787.50
5. TRANSPORTATION, WAREHOUSING & COMMUNICATIONS
501
Minimum rate
$200
$210.00
502
10 to 25 employees
$22-5
$236.25
503
26 or more employees
$250
$262.50
504
7,500 to 20,000 sq. ft., an additional
$25
$26.25
505
20,001 sq. ft. and over, an additional
$59
$52.50
6. MANUFACTURING & INTENSIVE USES
601
Minimum rate
$225
1 $236.25
602
7,500 to 15,000 sq. ft.
$250
$262.50
603
15,001 to 25,000 sq. ft.
$275
$288.75
604
25,001 sq. ft. and over
$380
$315.00
7.
COIN OPERATED MACHINES
700
Each machine
$39
$31.50
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO; THE
AMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE OF
ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING
LICENSE TAX RATES PURSUANT TO CHAPTER 205 OF THE
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on September 19,1995 the City Commission of the City of South
Miami adopted Ordinance No. 14 -95 -1587 including a "SCHEDULE OF LICENSE
TAXES" regulating the classification of businesses, professions and occupations and
establishing rate structures for Occupational License Taxes; and,
WHEREAS, Chapter 205 of the Florida Statutes provides that municipalities and
counties may, every other year, increase by ordinance the rates of local occupational
license taxes by up to 5 percent; and,
WHEREAS, the City did not increase Occupational Licenses Taxes during 1997;
and,
WHEREAS, The Mayor and City Commission desire to amend the "SCHEDULE
OF LICENSE TAXES" by increasing all occupational license tax rates by 5 (five)
percent.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Article I, Chapter 13, Section 13 -24 of the City's Code of Ordinances is
amended by increasing all rates included in the "SCHEDULE OF LICENSE TAXES" by
5 (five) percent as indicated in the amended "SCHEDULE OF LICENSE TAXES"
attached to this ordinance.
Section 2. If any section, clause, sentence or phrase of this ordinance 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 ordinance.
Additions shown by underlining and deletions shown by ^v°r g.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall take effect on October 1St' 1999.
PASSED AND ADOPTED this day of '1999.
ATTEST:
CITY CLERK
1 st Reading
2"d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
TURSTen.,
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
Additions shown by underlining and deletions shown by ever g.
1
K
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
...........................
...........................
DRAFT
City of South Miami
Regular City Commission Minutes
July 27,1999
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, July 27, 1999, beginning at 6:30
p.m., in the City Commission Chambers, 6130 Sunset Drive.
Attorney Gallop explained the controlling factors involved with
Attorney- Client Private Session and the Administrative Executive
Session with the City Manager. The meeting was recessed at 6:40
p.m. in order for the City Commission members along with the City
Manager and City Attorney to attend an Attorney - Client Session
and an Executive Session. Both sessions were closed to the
public. The meeting reconvened at 7 :38 p.m.
A. Roll Call:
The following members of the City Commission were present;
Mayor Julio Robaina, Vice Mayor Armando Oliveros, Jr.,
Commissioners Horace G. Feliu, David D. Bethel and Mary Scott
Russell.
Also in attendance were
Assistant City Manager Subrata
and City Clerk Ronetta Taylor.
B. Invocation:
City Manager Charles D. Scurr,
Basu, City Attorney Earl G.— Gallop
Reverend Dr. Marta Burke, Pastor of First United Methodist
Church of South Miami delivered the Invocation. A Special Prayer
wishing Reverend Green, Pastor of St. John A.M.E. Church a speedy
recovery was included in the invocation.
C. Pledge of Allegiance:
Pledge of Allegiance was recited in unison.
Commissioner Russell and Vice Mayor Oliveros were presented
with a birthday cake on the occasion of their birthdays held
during the month of July.
D. Presentations)
Interval International — "Key to the City"
Mayor Robaina presented Craig Nash, CEO of Interval
International with a Key to the City for the organization's
outstanding contributions to the City and Community.
REGULAR CITY COMMISSION 1
MINUTES - July 27, 1999
1 Mr. Nash appeared before the City Commission to express his
2 appreciation to the City of South Miami. He vowed to continue the
3 community efforts of his organization.
4
5
6 Footwork's - "Key to the City"
7
8 Representatives from Footwork were not present to receive
9 their "Key to the City ".
10
11 Police Department - Officers of the Month
12
13 Assistant Chief Feldman appeared before the City Commission
14 and bestowed the distinguished recognition upon Sgt. John Barzola
15 as Officer of the Month for April 199. He highlighted Sgt.
16 Barzola's outstanding contributions and police work. He then
17 bestowed the distinguished recognition upon Officer Eric Paledo
18 as Officer of the Month for May 199. He highlighted Officer
19 Paledo's outstanding contributions and police work.
20
21 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
23 1. Approval of Minutes
24 June 1, 1999 - Regular City Commission Minutes
25 June 28, 1999 - Special City Commission Minutes
26 July 6, 1999 - Regular City Commission Minutes
27
28 Moved by Commissioner Russell, seconded by Vice Mayor
29 Oliveros to approve the June 28th and July 6th minutes. She
30 related that there were amendments mentioned in the June lst
31 minutes and did not feel comfortable approving those until she
32 saw the amended corrections to the May 18th minutes.
33
34 There being no further discussion, the motion passed by a 5-
35 0 vote.
36
37 Commissioner Feliu: Yea
38 Commissioner Bethel: Yea
39 Commissioner Russell: Yea
40 Vice Mayor Oliveros: Yea
41 Mayor Robaina: Yea
42
43 2. City Manager's Report
44 Manager Scurr invited Mayor Robaina and Commissioner Bethel
45 to elaborate upon the Washington, D.C. Trip they'd taken a few
46 weeks prior.
47
48 Commissioner Bethel embellished upon the positive things
49 they'd accomplished while visiting the legislative Body in
50 Washington, D.C. He related that Congresswoman Meek had
51 committed to providing some immediate funding toward and AIDA_
52 Awareness Program. Further discussions centered on possible
REGULAR CITY COMMISSION 2
MINUTES - July 27, 1999
1 funding for the COPS Program and the U.S. One Pedestrian
2 Overpass.
3
4 Mayor Robaina related that South Miami went to Washington,
5 D.C. looking for federal dollars. He acknowledged Congresswomen
6 Carrie P. Meek and Ileana Ros- Lehtinen along with Lincoln Diaz-
7 Balart for their support.
8
9 Manager Scurr said the group went to Washington, D.C. with
10 four primary objectives; 1) seeking funding for the U.S. One
11 overpass; 2) rails to trails program; 3) COPS grant; and 4)
12 seeking funding for AIDS Awareness and prevention education.
13
14 Commissioner Bethel acknowledged Manager Scurr's connections
15 in opening the doors for them in Washington, D.C.
16
17 Manager Scurr announced that Gisella Mazzilli, an employee
18 with the Finance Department received her CPA and has resigned to
19 take employee with one of the major accounting firms.
20
21 Manager Scurr asked everyone to remember Reverend Green,
22 Carmen Garcia from the Parks & Recreation Department and Officer
23 Masonis from the Police Department in their prayers.
24
25 Manager Scurr referenced the agenda item naming the first
26 phase of the Multi- purpose Center the Hope Center after Hope
27 Butler (deceased employee of the Parks & Recreation Department).
28 He acknowledged other individuals from the Community that could
29 also be recognized in a similar fashion once the second phase of
30 the Multi - Purpose Center is completed.
31
32 Manager Scurr announced that the City would be sponsoring
33 C.E.R.T. training. The entire Community Relations Board would be
34 participating.
35
36 Manager Scurr reported that neighbors adjacent to the Shaw
37 Nursery PUD were requesting the City to consider deeding the
38 alleyway between the Shaw PUD and their properties back to them.
39 The issue is a little complicated [relocation of utilities]
40 therefore administration is doing some research on the matter and
41 would report back to the City Commission.
42
43 Mayor Robaina voiced his support of this request. He asked
44 that the drainage issue affecting the two property owners be
45 considered.
46
47 Manager Scurr said that this issue should take approximately
48 thirty (30) days to complete. He related that the contractor has
49 re- sloped the drainage to deal with the drainage problem the two
50 property owners were having.
51
REGULAR CITY COMMISSION 3
MINUTES - July 27, 1999
,,�, ... .,�.�,.: .;�: :r,-. -�-,; s. r ..rte _ .. .__,,. .�. ,:... ,. .. .. -_ Fes... �. ,�p� �€�x�r�n�•.
1 Manager Scurr invited Fernando Rodriguez, Public Works
2 Director and Assistant Chief Feldman to come forward to provide
3 an update on pending projects.
4
5 Mr. Rodriguez provided a status update on: 1) the traffic
6 calming project; 2) Re- paving and stripping of Red Road; 3)
7 funding from Miami -Dade County for traffic signal on 74th Street
8 and Red Road; 4) traffic on 74th Street and South Dixie Highway;
9 5) FDOT and its plans to repave South Dixie Highway; 6)
10 Construction of the Multi - Purpose Center at Murray Park; 7)
11 watering schedule of trees planted in the Snapper Creek area.
12
13 Ms. Ana Garcia, Parks & Recreation Director provided a
14 status report on the trees to be planted at Dante Fascell Park.
15 She emphasized the importance of being present when the trees are
16 being loaded for delivery.
17
18 Mayor Robaina referenced a letter printed in Sunday's
19 edition of the Miami Herald Neighbor's Section from Henriette
20 Whitten regarding the removal and tree planting at Dante Fascell
21 Park.
22
23 Manager Scurr related that the City's parks are one of the
24 City's most treasured assets. He voiced administration's
25 commitment to keeping them beautiful. He recounted relevant
26 events leading up to the removal of some of the Austrian Pine
27 Trees at Dante Fascell Park. He said a neighborhood meeting was
28 also held in order to educate the neighbors as to what the city
29 would be doing and why it would be doing it.
30
31 Ms. Garcia announced that another neighborhood meeting would
32 be held on August 2nd at the Open Space Park to receive input
33 from the neighbors regarding this site.
34
35 Mayor Robaina encouraged everyone to come out to this
36 neighborhood meeting.
37
38 Ms. Garcia referenced the continued landscaping improvements
39 taking place at Fuchs Park. She encouraged those individuals
40 with questions concerning the parks to call the Parks &
41 Recreation Department.
42
43 Manager Scurr reported on the Sylva Martin Community
44 Building and the proposed improvements to take place there
45 [purchasing furniture and modifications and upgrades to the
46 building].
47
48 Manager Scurr reported on the WAGES issue with the Shops At
49 Sunset Place. He said the contract between the Wages Coalition
50 and the Shops At Sunset Place has never been executed and from
51 discussions with Ms. Weller it did not appear that the contract
52 would be executed.
53
REGULAR CITY COMMISSION 4
MINUTES - July 27, 1999
.
,._...
1 Commissioners' Russell and Feliu asked if this grant could
2 be utilized by other entities.
3
4 Manager Scurr said there were only two of such grants given
5 out and because of the particulars involved it would not be
6 possible to replicate all of those criteria.
7
8 Assistant Chief Feldman provided a report on the Code
9 Enforcement Task Force. He detailed the areas this task force
10 would focus on. [Occupational licenses, illegal businesses being
11 operated from home, junk cars in yards, and illegal dumping]. He
12 encouraged individuals witnessing illegal dumping to call the
13 police department.
14
15 Manager Scurr spoke of the abandoned vehicle issue and
16 indicated that if the vehicle in question is on the right -of -way
17 it is easily deposed of. However, if the vehicle is on private
18 property the city has the authority to go onto the property but
19 it is a difficult process with expenses incurred.
20
21 Manager Scurr announced some of the upcoming events and
22 encouraged the public's participation: 1) August 2 "d a mini -
23 neighborhood meeting would be held at the Open Space Park at 6:00
24 p.m. [6820 SW 64th Avenue]; 2) August 14th "Taste of South Miami"
25 an all day event sponsored by the Red /Sunset Merchants
26 Association to be held in downtown South Miami; 3) CRA Interlocal
27 Agreement public hearing has been scheduled with Miami -Dade
28 County Commission for September 9th; 4) Chamber South and Kendall
29 Charrette would make presentation to the City Commission on
30 August 3rd at 6:30 p.m.
31
32 By unanimous consent the Budget Workshop was scheduled for
33 Friday, August 20th from 6 -8 p.m. The first budget hearing was
34 scheduled for Friday, September 3, 1999 beginning at 6:00 p.m.
35 The second budget hearing was set for Tuesday, September 14th at
36 6:00 p.m.
37
38 Manager Scurr provided a progress report on the negotiations
39 with SPG Phase One. He said that sufficient progress was not
40 being made on this matter. He related that after speaking with
41 the City Attorney they'd like to place a deadline date of
42 September 7th on the negotiations.
43
44 Attorney Gallop indicated that no progress was being made
45 with the SPG Negotiations. He said that administration felt that
46 a deadline date is necessary to conclude it. He related that the
47 City Commission gave several directions to administration. Those
48 directions were supposed to be incorporated into the lease
49 agreement. However, when the document was received from SPG those
50 directions were not included nor were they even referred to. He
51 conveyed that administration was very discouraged there was no
52 response, not even to the directions.
53
REGULAR CITY COMMISSION 5
MINUTES - July 27, 1999
1 The Commission conveyed its support of administration's
2 decision.
3
4 Attorney Gallop recited some of the recommended changes as
5 follows: 1) modifying the construction schedule to require
6 substantial completion of the building in part to the next
7 holiday season; 2) revising the lease to conform with the City's
8 Charter; 3) revising the lease to provide for an annual
9 accounting statement to be prepared by an independent accounting
10 firm.
11
12 Mayor Robaina asked if this project could be discussed.
13
14 Attorney Gallop related that Miami -Dade County's "Cone of
15 Silence" ordinance did not prohibit discussions with the City
16 Commission but did prohibit discussions with the City's
17 professional staff.
18
19 Attorney Gallop reiterated that the negotiations were opened
20 to the public.
21
22 Mayor Robaina inquired about the paving issue on 80th
23 Street.
24
25 Mr. Rodriguez related that there were specific traffic
26 issues that had to be dealt with first.
27
28 Mayor Robaina invited Mr. Christopher Cooke - Yarborough to
29 come forward to discuss a potential project on the corner of 68th
30 Street and 65th Avenue. He related that staff had done a
31 wonderful job with this project.
32
33 Mr. Cooke - Yarborough appeared before the City Commission to
34 make comments about Fuchs Park and transposing a similar park to
35 another part of the City. He said there is also a like situation
36 at Brewer Park.
37
38 Mayor Robaina thanked Mr. Cooke - Yarborough for bring this
39 issue forward. He related that administration is aware of this
40 and is looking for ways to possible fund this project.
41
42 Commissioner Russell referenced the drawings presented. She
43 said there are a number of ways this can be accomplished
44 inexpensively. In the drawings one could see the potential.
45
46 Commissioner Feliu concurred with Commissioner Russell's
47 comments. He said this is a chance to actually increase the
48 value of this entire area.
49
50 Mayor Robaina voiced his support of this project.
51
52 The Commission unanimously supported this project as well.
53
REGULAR CITY COMMISSION 6
MINUTES - July 27, 1999
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Commissioner Russell commented on how great the freshly
painted walls at City Hall looked. She referenced the tree -
planting project in the Snapper Creek Charrette Area and inquired
if there were funds leftover that could be utilized for some
additional planting. She inquired about the City's Y2K status.
Manager Scurr said administration has determined that this
project is considerable more complicated than previously lead to
believe. This issue would be brought back at the next Commission
meeting for the Commission's approval.
Commissioner Russell shared that The AMC Theaters, Pam
Weller, the Shops At Sunset Place and the Commissioners For Women
were sponsoring HIV, AIDS Awareness and Sexual Health Education
event.
Manager Scurr related that the City has been working Ms.
Nunnally and others within the Community regarding this issue.
The objective is to continue and increase through these
individuals AIDS education.
Commissioner Russell announced that the Commissions For
Women would be hosting an event at the Dadeland Marriott on
September 24t''. She encouraged those interested to attend. She
referenced an acid, throwing incident, which had occurred at A
Choice For Women on 62 "d Avenue and asked if a police office
could be present on Saturdays to protect the employees as well as
the patients. She related that she would be providing
information to her colleagues regarding the Public School System
as it relates specifically to South Miami. She shared that
Manager Scurr is helping her to recruit members of staff for the
KAPOW program.
Mayor Robaina suggested inviting the Board & Committee
members to get involved as well.
Vice Mayor Oliveros referenced the annexation issue and
shared that he continues to receive phone calls regarding this
issue. He recommended having Manager Scurr to initiate the
process by setting up appointments with professionals in this
field.
Mayor Robaina concurred with Vice Mayor Oliveros and asked
if this project could be worked on aggressively.
Commissioner Bethel commented on the AIDS Awareness workshop
he'd attended on last Saturday. He further provided several
educational videos on HIV and AIDS Awareness and asked that they
be shown on Cable Channel 5. He related that there was an AIDS
epidemic in South Miami, with 247 cases reported. He invited his
colleagues and administration to join with him in trying to
combat AIDS as well as drugs in South Miami. He related that he'd
like to have a resolution drafted that ever city employee must
REGULAR CITY COMMISSION 7
MINUTES - July 27, 1999
1 have a random drug test, and a yearly physical. He asked that
2 feedback be provided at the next City Commission meeting.
3
4 Mayor Robaina asked if AIDS testing could also be made
5 available to the employees. He said the City's AIDS initiative
6 would be strong this year. He related that Congresswoman Meek
7 would also be involved in this initiative.
8
9 Attorney Gallop related that if the expenditure of public
10 funds for AIDS testing is for a public purposes one has to be
11 very careful with the confidentiality to avoid disclosing who has
12 been tested and who might be caring the HIV virus.
13
14 Commissioner Feliu indicated that this might lead to
15 discrimination based on that type of information.
16
17 There being no further questions or comments, the City
18 Manager's Report was concluded.
19
20
21 3. City Attorney's Report
22
23 Attorney Gallop recounted that Commissioner Feliu had
24 requested that he prepare an ordinance that would provide for the
25 forfeiture of vehicles and firearms. He said there is a Florida
26 Statute that provided for the forfeiture of a vehicle if the
27 firearm is used in a felony. He related that he'd requested an
28 opinion from the Attorney General and reported the finding that
29 the City is not authorized to adopt such an ordinance that would
30 expand the elements that are authorized by forfeiture.
31
32 Attorney Gallop announced that the Charter Revision
33 Commission has two remaining meetings. The Commission is
34 proceeding to finalize its work on Article VI and Article VII. A
35 public has been scheduled for Monday, August 23, 1999 at 7 :30
36 p.m. workshop.
37
38 Attorney Gallop referenced an appeal to the Environmental
39 Control Board by City of Coral Cables regarding the Shops At
40 Sunset Place.
41
42 Attorney Gallop referenced several City Attorney Opinions
43 that he'd issued. He referenced the CRA parking garage and
44 related that any action that has to be done by the City must be
45 done by Ordinance with a 4/5 vote.
46
47 Attorney Gallop broached the subject of the Land Development
48 Regulation Concurrency Requirements as it relates to the Rum Bum
49 development. There is a provision in the land development Code
50 that requires that an application contain verification that the
51 applicant notifies 200 of the people within a radius of 500 feet
52 of the proposed development and have them signed something
53 concurring with the application. He provided a legal opinion
REGULAR CITY COMMISSION 8
MINUTES - July 27, 1999
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that any requirement for obtaining neighbor concurrence for any
land development application is illegal and unenforceable. He
said the notice requirement is enforceable.
Attorney Gallop referenced the publication of pictures of
criminal suspects and whether or not there would be any liability
to the City if this took place. He said if someone has been
arrested as a suspect their picture can be published to the
public without violating a person's constitution rights. He
emphasized the importance of not publishing the suspect pictures
because if there is a chance that they are not convicted then
they may have a claim against the City for false arrest and the
repeated publication of their picture would serve as further
damage award. There is no problem however, with publishing the
pictures of individuals that have already been convicted.
Mayor Robaina emphasized the importance of being able to
provide this information to the public.
Attorney Gallop said that he would also take a look at
publishing convicted felonies pictures after their civil rights
have been restored.
Attorney Gallop reported on the Telecommunications Towers
issue. He said there has been a lot of information concerning
municipalities' powers to enforce local zoning regulations and
the placement of telecommunication towers.
Commissioner Feliu referenced the Rum Bum project and the
air - rights issue.
Attorney Gallop related that the Charter provides that when
the City conveys property rights it has to be done pursuant to
ordinance by a 4/5 vote. He said that air rights were property
rights and the City has absolute prerogative whether to convey or
not to convey air rights.
Commissioner Feliu suggested that the air rights issue
should be addressed first.
Attorney Gallop said unless there is a specific provision in
the Land Development Code this issue can be addressed at any
time. He said that it should be best to deal with this issue
during the site plan process.
Commissioner Feliu voiced his opinion that this issue should
be addressed first before proceeding.
Mayor Robaina recommended letting this; issue goes through
the planning board and public input process.
Attorney Gallop reiterated that this matter would be coming
before the City Commission as a Quasi- Judicial hearing.
REGULAR CITY COMMISSION 9
MINUTES - July 27, 1999
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After there were no further questions or comments for the
City Attorney this report was concluded.
Moved by Commissioner Bethel, seconded by Vice Mayor
Oliveros to amend the official agenda by adding "A RESOLUTION OF
THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO
EXCEED $3,838 FROM ACCOUNT NO. 1910 - 521 -3450 (CONTRACTUAL) TO
ROYAL RENT -A -CAR SYSTEMS OF FLORIDA, INC. FOR RENTAL OF TWO
VEHICLES FOR 3 MONTHS, PROVIDING AN EFFECTIVE DATE.
There being no discussion, the motion passed by a 4 -0 vote.
Commissioner Bethel: Yea
Commissioner Feliu: Yea
Vice Mayor Oliveros: Yea
Commissioner Russell: out of room
Mayor Robaina: Yea
CONSENT AGENDA
RESOLUTION NO. 145 -99 -10769
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE COMMUNITY
REDEVELOPMENT AGENCY ADVISORY BOARD; PROVIDING FOR THE
APPOINTMENT OF JO ANN HENDERSON FOR AN UN- EXPIRED TERM
ENDING FEBRUARY 16, 2001 OF UNTIL A SUCCESSOR IS DULY
APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
RESOLUTION NO. 146 -99 -10770
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PARKS &
RECREATIONAL CULTURAL AFFAIRS BOARD; APPOINTING KAREN
CALDERIN, JACINTO CALDERIN AND LEE ANNE CONESA TO SERVE
FOR TWO YEAR TERMS ENDING JULY 27, 2001 OR UNTIL
SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING
AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
RESOLUTION NO. 147 -99 -10771
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO UNITED STATES
ENVIRONMENTAL LAWS, URGING CONGRESS TO SUPPORT AND
PRESERVE THE MARINE MAMMAL PROTECTION ACT; PROVIDING AN
EFFECTIVE DATE.
(Mayor Robaina) 3/5
REGULAR CITY COMMISSION
MINUTES - July 27, 1999
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RESOLUTION NO. 148 -99 -10772
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE, AUTHORIZING THE CITY MANAGER TO
DISBURSE THE SUM OF ONE THOUSAND FIVE HUNDRED FORTY
EIGHT DOLLARS AND FIFTY CENTS ($1,548.50) AS PAYMENT
FOR SERVICES RENDERED BY MUNICIPAL CODE CORPORATION FOR
THE CODIFICATION OF MUNICIPAL ORDINANCES IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR DISBURSEMENT FROM
ACCOUNT NO. 01- 1200 - 512 -4950 CODIFICATION
(Commissioner Feliu) 3/5
RESOLUTION NO. 149 -99- 10773
B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTING
ATTORNEY FEES FOR COMMUNITY REDEVELOPMENT AGENCY,
AUTHORIZING PAYMENT TO JOHN DELLAGLORIA FROM ACCOUNT
#610 - 112054 -3415, CRA GENERAL LEGAL.
RESOLUTION NO. 150 -99 -10774
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO INCREASE THE AMOUNT OF AN OPEN PURCHASE
ORDER ISSUED TO KILPATRICK, INC. BY $400.00 TO COVER
MAINTENANCE AND REPAIR EXPENSES FOR THE CURRENT FISCAL
YEAR FROM ACCOUNT NO 001 - 1760- 519 -5240, "EQUIPMENT
MAINTENANCE - PARTS ".
RESOLUTION NO. 151 -99 -10775
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRANT
PREPARATION SERVICES; APPROVING FUNDING IN AN AMOUNT
NOT TO EXCEED $2,500.00 FOR THE FIRM OF PRL &
ASSOCIATES FROM ACCOUNT NO. 001 - 1315- 513 -3450
"CONTRACTUAL SERVICES."
RESOLUTION NO. 152 -99 -10776
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RESCIND AN OPEN PURCHASE ORDER ISSUED TO
TOWER PAINT, INC. AND ISSUE AN OPEN PURCHASE ORDER TO
OGEE PAINT, INC., BY TRANSFERRING THE REMAINING BALANCE
IN THE ORIGINAL PURCHASE ORDER TO THE NEW PURCHASE
ORDER, KEEPING THE FUNDS WITHIN ACCOUNT NO. 001 -1710-
519.4670, "BUILDING MAINTENANCE - MAINTENANCE AND
REPAIRS OF GROUNDS AND STRUCTURES"
RESOLUTION NO. 153 -99 -10777
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
REGULAR CITY COMMISSION
MINUTES - July 27, 1999
11
1
MANAGER TO DISBURSE THE SUM OF $2,575.00 TO ACTION
2
CARPET CARE, INC., FOR THE REPLACEMENT OF CARPETING ON
3
THE SECOND FLOOR OF CITY HALL AND CHARGE THE
4
DISBURSEMENTS TO ACCOUNT NO. 001 - 1710 - 519.4670
5
"BUILDING MAINTENANCE - MAINTENANCE AND REPAIR OF
6
GROUNDS AND STRUCTURES"
7
8
RESOLUTION NO. 154 -99 -10778
9
13.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
10
CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE CITY
11
MANAGER TO ISSUE A LETTER CLARIFYING FOR THE RECORD THE
12
SITUATION CONCERNING THE PRIOR SUSPENSION OF CAPTAIN
13
GREG FELDMAN AND AUTHORIZING THE CITY MANAGER TO
14
REIMBURSE MR. FELDMAN FOR LEGAL FEES AND EXPENSES
15
INCURRED IN AN AMOUNT NOT TO EXCEED 1,623.00 FROM
16
ACCOUNT 01- 2100 - 519 -9920 NON - DEPARTMENTAL GENERAL
17
CONTINGENCY.
18
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RESOLUTION NO. 155 -99 -10779
21
14.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
22
CITY OF SOUTH MIAMI, FLORIDA, REGARDING CONTRACTS,
23
AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF
24
$2,181.10 TO MOBILE CUSTOMIZING, INC. (BODY SHOP) FOR
25
THE REPAIR OF POLICE PATROL VEHICLE NO. 99 -05, AND
26
CHARGING THE DISBURSEMENT TO ACCOUNT NO. 504 -1500-
27
514.4680 "SELF INSURANCE FUND /AUTO REPAIRS"
28
29
RESOLUTION NO. 156 -99 -10780
30
15.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
32
FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP
33
FIGUEREDO, P.A. IN HE AMOUNT OF $7,943.47 CHARGING $.33
34
TO ACCOUNT NO. 1500.3435, CONSULTING-REAL
35
PROPERTY /FORECLOSURE, CHARGING $2,612.10 TO ACCOUNT NO.
36
608- 1910 -521 -3100, PROFESSIONAL SERVICES AND, CHARGING
37
THE REMAINDER TO ACCOUNT NO. 1500 -3410, LEGAL SERVICES -
38
NON RETAINER; PROVIDING AN EFFECTIVE DATE.
39
40
RESOLUTION NO. 157 -99 -10781
41
16.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
42
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
43
FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP
44
FIGUEREDO, P.A. IN THE AMOUNT OF $5,888.99 CHARGING
45
$225.00 TO ACCOUNT NO. 1500 -3435, CONSULTING -REAL
46
PROPERTY/ FORECLOSURE, CHARGING $157.35 TO ACCOUNT NO.
47
608- 1910 - 521 -3100, PROFESSIONAL SERVICES, CHARGING
48
$5,191.64 TO ACCOUNT NO. 1500 -3410 LEGAL SERVICE NON
49
RETAINER; AND CHARGING $315.00 TO ACCOUNT NO. 10 -1200-
REGULAR CITY COMMISSION
MINUTES - July 27, 1999
12
1 554 -3415 CRA FUND - GENERAL LEGAL; PROVIDING AN
2 EFFECTIVE DATE.
3
4 RESOLUTION NO. 158 -99 -10782
5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
7 FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP
8 FIGUEREDO, P.A. IN THE AMOUNT OF $1,332.51 CHARGING
9 ACCOUNT NO. 610 - 1120- 554 -3415, CRA FUND, GENERAL LEGAL;
10 PROVIDING AN EFFECTIVE DATE.
11
12 Moved by Mayor Robaina, seconded by Commissioners Russell
13 and Bethel to approve the Consent Agenda, with the City Clerk
14 assigning the next available number.
15
16 There being no discussion, the motion passed by a 5 -0 vote.
17
18 Commissioner Bethel: Yea
19 Commissioner Feliu: Yea
20 Vice Mayor Oliveros: Yea
21 Commissioner Russell: Yea
22 Mayor Robaina: Yea
23
24 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
25
There are none
26
27
RESOLUTION (S) HEARING
28
29
RESOLUTION NO. 159 -99 -10783
30
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST A
32
WAIVER OF PLAT, PURSUANT SECTION 20- 4.2(B) LAND
33
SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENT CODE,
34
REGARDING THE PROPERTY LOCATED IN THE RT -6, TOWNHOUSE
35
RESIDENTIAL DISTRICT, LOCATED AT 6600 SW 56TH STREET,
36
SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING
37
PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES;
38
PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR
39
AN EFFECTIVE DATE.
40
41
Moved by Commissioner Feliu, seconded by Commissioner Bethel
42
to approve this item, with the City Clerk assigning the
next
43
available number.
44
45
Mr. John Little, a City Planner appeared before the
City
46
Commission and explained the applicable facts surrounding
this
47
application. He voiced administration's recommendation
of
48 approval.
49
REGULAR CITY COMMISSION
MINUTES - July 27, 1999
13
1
Mayor Robaina opened the floor for
the public hearing.
2
After there were
no interested parties to speak on behalf of this
3
item, the public
hearing was closed.
4
5
There being
no further discussion, the
motion passed by a 5-
6
0 vote.
7
8
Vice Mayor Oliveros:
Yea
9
Commissioner Russell:
Yea
10
Commissioner Feliu:
Yea
11
Commissioner Bethel:
Yea
12
Mayor Robaina:
Yea
13
14
Please note
that Item No. 22 was taken out of order but it
15
reflected in its
respective place in the minutes.
16
17 RESOLUTION (S)
18
19 RESOLUTION NO. 160 -99 -10784
20 19. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
21 OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC SAFETY;
22 DIRECTING THE CITY MANAGER TO PUBLISH INFORMATION ON
23 CHANNEL 5 CABLE TELEVISION REGARDING THE PRESENCE OF
24 SEXUAL PREDATORS RESIDING IN THE CITY; PROVIDING AN
25 EFFECTIVE DATE.
26 (Commissioner Feliu) 3/5
27
28 Moved by Mayor Robaina, seconded by Commissioner Russell to
29 approve this item, with the City Clerk assigning the next
30 available number.
31
32 Commissioner Feliu thanked appropriate staff for not waiting
33 until this resolution was adopted to start publishing the
34 applicable information.
35
36 Commissioner Russell inquired as to how many sexual
37 predators were in the South Miami area.
38
39 Assistant Chief Feldman replied that there were 12
40 individuals in the South Miami area.
41
42 Manager Scurr said this total included the surrounding area
43 however, there were approximately 5 to 6 located in the corporate
44 boundaries of South Miami.
45
46 Commissioner Russell reiterated that the City was just
47 following the requirements as regulated by applicable State and
48 Federal laws.
49
50 There being no further discussion, the motion passed by a 5-
51 0 vote.
52
REGULAR CITY COMMISSION 14
MINUTES - July 27, 1999
1 Commissioner Feliu: Yea
2 Commissioner Bethel: Yea
3 Vice Mayor Oliveros: Yea
4 Commissioner Russell: Yea
5 Mayor Robaina: Yea
6
7
8 RESOLUTION NO. 161 -99 -10785
9 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
10 CITY OF SOUTH MIAMI, FLORIDA, NAMING PHASE I OF THE
11 MURRAY PARK MULTI- PURPOSE CENTER "THE HOPE CENTER" IN
12 HONOR OF THE LATE HOPE BUTLER, AND DIRECTING STAFF TO
13 ERECT A SUITABLE PLAQUE COMMEMORATING HER CONTRIBUTIONS
14 TO THE CITY AND COMMUNITY.
15 (Mayor Robaina, Vice Mayor Oliveros, Commissioners
16 Russell, Bethel and Feliu and Administration) 3/5
17
18 Moved by Mayor Robaina, seconded by Commissioner Bethel to
19 approve this item, with the City Clerk assigning the next
20 available number.
21
22 Mayor Robaina shared that he'd received phone calls from
23 individuals suggesting that other portions of the building be
24 named after other community pioneers.
25
26 Manager Scurr said the intent here is to not forget to
27 recognize other pioneers. Ms. Butler was a real inspiration to
28 the children.
29
30 Ms. Garcia related what a very special person Hope Butler
31 was.
32
33 Commissioner Russell said this is perfect timing for naming
34 Phase One the Hope Center in honor of Hope Butler.
35
36 There being no further discussion the motion passed by a 5 -0
37 vote.
38
39 Commissioner Bethel: Yea
40 Commissioner Feliu: Yea
41 Vice Mayor Oliveros: Yea
42 Commissioner Russell: Yea
43 Mayor Robaina: Yea
44
45
46 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
47 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
48 MANAGER TO DISBURSE A SUM NOT TO EXCEED $3,838 FROM
49 ACCOUNT NO. 1910- 521 -3450 (CONTRACTUAL) TO ROYAL RENT -
50 A -CAR SYSTEMS OF FLORIDA, INC. FOR RENTAL OF TWO
51 VEHICLES FOR 3 MONTHS, PROVIDING AN EFFECTIVE DATE.
52
REGULAR CITY COMMISSION 15
MINUTES - July 27, 1999
1
Moved by Mayor
Robaina, seconded by
Commissioner Russell to
2
approve this item,
with the City Clerk
assigning the next
3
available number.
4
5
Manager Scurr
explained pertinent
facts surrounding this
6
issue.
7
8
There being no
further discussion,
motion passed by a 5 -0
9
vote.
10
11
Vice Mayor Oliveros:
Yea
12
Commissioner Russell:
Yea
13
Commissioner Bethel:
Yea
14
Commissioner Feliu:
Yea
15
Mayor Robaina:
Yea
16
17 ORDINANCE (S) FIRST READING
18
19 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
20 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES;
21 APPROVING TRANSFER OF FRANCHISE FROM CABLE SATELLITE OF
22 SOUTH MIAMI, INC. TO CHARTER COMMUNICATIONS, LLC;
23 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
24 AN EFFECTIVE DATE.
25
26 Moved by Commissioner Russell, seconded by Mayor Robaina to
27 approve this item on first reading with second reading and public
28 hearing scheduled for August 3, 1999.
29
30 Manager Scurr and explained the applicable facts surrounding
31 this request. He read into the record that "the transfer
32 transaction would have no adverse impact on cable subscribers'
33 rates. The franchisee will continue to fully comply with
34 applicable FCC Regulations and agrees with the current terms and
35 provisions of the current franchise agreement in place." He
36 voiced that administration had anticipated sharing the same type
37 of agreement and service that it had enjoyed with Cable
38 Satellite. He related that he'd incorporated language into the
39 ordinance, which would provide for this purpose. He referenced a
40 letter that was received from Cable Satellite's Attorney
41 indicating that they'd taken an exception to this provision being
42 added to the ordinance.
43
44 Mayor Robaina inquired as to how the City could ensure that
45 it would receive the same courtesy service from Charter
46 Communications that was provided by Cable Satellite.
47
48 Attorney Gallop recommended leaving the language as is and
49 authorize the City Manager to talk about this concern with
50 Charter representatives between now and the second reading in
51 order to come to a compromise.
52
REGULAR CITY COMMISSION 16
MINUTES - July 27, 1999
1 Mayor Robaina and Commissioner Feliu voiced their
2 displeasure at the tone of the letter received from Cable
3 Satellite's Attorney.
4
5 Mr. Rick Hensley, Vice President of Cable Satellite appeared
6 before the City Commission and detailed the benefits of this new
7 communications provider. He related that the representatives from
8 Charter Communications said that they would in no way agree to
9 this ordinance if the section that Manager Scurr had inserted
10 were a part of the adopted document.
11
12 Vice Mayor Oliveros voiced his opinion that this Charter
13 Communications would deal fairly with the City.
14
15 There being no further discussion, the motion passed by a 4-
16 1 vote.
17
18 Vice Mayor Oliveros: Yea
19 Commissioner Russell: Yea
20 Commissioner Bethel: Yea
21 Commissioner Feliu: Nay
22 Mayor Robaina: Yea
23
24 PUBLIC REMARKS
25
26 Mr. David Tucker, Sr., of 6556 SW 78th Terrace appeared
27 before the City Commission to express his views about annexation
28 and its entire process. He further commended Assistant Chief
29 Feldman for doing an outstanding job.
30
31 Ms. Shirley Huebner 7540 SW 59th Place appeared before the
32 City Commission to commend them for being pro- active and showing
33 concerns for the residents. She referenced a Miami Herald article
34 dated July 26th relating to big developers, the Red /Sunset
35 Merchants Association and the Shops At Sunset Place.
36
37 Mr. Terry Huggins appeared before the City Commission to
38 commend them for their actions they'd taken with the cable
39 transfer issue, the broadcasting of sexual predators information
40 and the naming of the Hope Center in honor of Hope Butler.
41 Mr. Craig Sheer appeared before the City Commission to
42 express his views about the letter that was written by Cable
43 Satellite's attorney. He voiced his concerns with the Code
44 Enforcement ordinance and related that it gave a lot of power to
45 one individual to make an interpretation.
46
47 COMMISSION REMARKS
48
49 Vice Mayor Oliveros told his colleagues that they needed to
50 look at the ramifications of their decisions especially as it
51 related to the letter, which was received from Cable Satellite's
52 attorney.
REGULAR CITY COMMISSION 17
MINUTES - July 27, 1999
1
2 Commissioner Russell had no comments.
3
4 Commissioner Bethel announced that the videos depicting AIDS
5 Awareness would be placed on Cable Channel 5.
6
7 Commissioner Feliu had no comments.
8
9 Mayor Robaina announced that the Planning Board and City
10 Commission would schedule the Rum Bum Project for consideration.
11 He encouraged residents to participate at the public hearing
12 levels.
13
14 Mayor Robaina reported that he'd met with residents
15 concerning the wall on 62nd Avenue.
16
17 Mr. Rodriguez explained that the estimates were based upon
18 repairing 800 of the wall. The residents however, didn't want to
19 pay that amount of money and suggested getting estimates for a
20 smaller portion of the wall. He said that administration would
21 get with the Building department to see what the feasibility is
22 in preparing smaller sections.
23
24 Mayor Robaina encouraged Manager Scurr to meet with the
25 cable company to discuss such residents' concerns as rates and
26 service.
27
28 Mayor Robaina broached the annexation issue and said that
29 the City would provide the public information. He responded to a
30 letter that was written to the Miami Herald by Yvonne Beckman
31 regarding tax benefits for the residents as it involved
32 uncontrolled commercial building in the City of South Miami
33 [Shops At Sunset Place]. He said the tax break came as a result
34 of this Commission holding the line on spending therefore, it had
35 nothing with the Shops At Sunset Place. He encouraged everyone
36 to get out and vote on Thursday [1 -o sales tax issue].
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
There being no further business
the meeting adjourned at 11:03 p.m.,
delivering inspirational parting words.
Attest:
City Clerk
REGULAR CITY COMMISSION
MINUTES - July 27, 1999
Approved
to come before this Body,
with Commissioner Feliu
Mayor
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J
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
v
To: Mayor and City Commission Date: August 13, 1999
From: Charles D. Scurr Re: Agenda item
City Manager C401 5966 & 5970 S Dixie Hwy.
Rum Bute Distributors, Inc.
REQUEST
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL
EXCEPTIONS FROM SECTIONS 20 -7.8 THROUGH 2O -7.13 OF THE LAND
DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED ON
TWO PARCELS LOCATED IN THE HOMETOWN DISTRICT HELD UNDER A
COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE FOR THE
PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED BY A PUBLIC
RIGHT OF WAY; PARCEL 1 LOCATED AT THE NORTH WEST CORNER OF S.
W. 59TH COURT AND S. W. 74TH STREET AND EXTENDING TO 5966 -5970
SOUTH DIXIE HIGHWAY AND PARCEL 2 LOCATED AT THE SOUTH WEST
CORNER OF S. W. 59TH PLACE AND S. W. 74TH STREET, SOUTH MIAMI,
FLORIDA 33143.
STAFF REPORT
This item was presented to the Planning Board on August 10, 1999. After a public
hearing the Planning Board voted 4 -2 to defer the item for further review by the Board
and consideration by the applicant.
Attached is a copy of the package distributed to the Planning Board for its consideration.
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Agenda
Tuesday, August 10, 1999
City Commission Chambers
7:30 P.M.
I. Call to order and the Pledge of Allegiance to the Flag
II. Roll Call
A. Welcome to new member
III. Public Hearings
A. ITEM: PB -99 -007
Applicant: RUM BUM DISTRIBUTORS
Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL
EXCEPTIONS FROM SECTIONS 20 -7.8 THROUGH 2O -7.13 OF THE LAND
DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED
ON TWO PARCELS LOCATED IN THE HOMETOWN DISTRICT HELD
UNDER A COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE
FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED
BY A PUBLIC RIGHT OF WAY; PARCEL 1 LOCATED AT THE NORTH
WEST CORNER OF S. W. 59TH COURT AND S. W. 74TH STREET AND
EXTENDING TO 5966 -5970 SOUTH DIXIE HIGHWAY AND PARCEL 2
LOCATED AT THE SOUTH WEST CORNER OF S. W. 59T" PLACE AND S.
W. 74TH STREET, SOUTH MIAMI, FLORIDA 33143.
IV. Elections of new officers
V. Approval of minutes
A. Minutes of May 25, 1999
VI. Remarks
VII. Adjournment
"City of Pleasant Living"
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Chairperson & Planning Board Date: August 3, 1999
From: Subrata Basu
Assistant City Manager/
Planning Director
ITEM: 1`11-99 -007
Applicant: Rum Bum Distributors, Inc.
Re: Proposed mixed use development by
Rum Bum Distributors, Inc.
Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL
EXCEPTIONS FROM SECTIONS 20 -7.8 THROUGH 2O -7.13 OF THE LAND
DEVELOPMENT CODE FOR A MIXED -USE DEVELOPMENT, PROPOSED
ON TWO PARCELS LOCATED IN THE HOMETOWN DISTRICT HELD
UNDER A COMMON OWNERSHIP, PROVIDING FOR A UNITY OF TITLE
FOR THE PURPOSES OF DEVELOPMENT OF THE PARCELS SEPARATED
BY A PUBLIC RIGHT OF WAY; PARCEL 1 LOCATED AT THE NORTH
WEST CORNER OF S. W. 59T" COURT AND S. W. 74TH STREET AND
EXTENDING TO 5966 -5970 SOUTH DIXIE HIGHWAY AND PARCEL 2
LOCATED AT THE SOUTH WEST CORNER OF S. W. 59TH PLACE AND S.
W. 74TH STREET, SOUTH MIAMI, FLORIDA 33143.
STAFF REPORT:
Introduction and Project Description:
This project was first presented to the Planning Board on May 25, 1999 and was recommended
for approval by the Board 5 -0. The project was then presented to the City Commission on June 8,
1999. Due to the lateness of the hour and to respond to the community's desire to have additional
time to study the project, the City Commission deferred the item to the June 28 meeting. At the
meeting of June 20, a number of technical and procedural issues were raised resulting in a
second deferral to July 6, 1999. At the July 6"' meeting, the Administration recommended that
the project be re- noticed and reviewed by the Planning Board again in order to maintain the
integrity of the process and to allow the discussion to be more focused on the merits of the
project rather than the process. The City Commission concurred. A modified legal notice was
published and mailed to all property owners within 500 feet of the subject project. Felix Pardo &
Associates, Inc. Architects, on behalf of property owner Rum Bum Distributors, Inc., submitted a
revised letter of intent and a set plans on July 23, 1999. The staff report incorporates comments
made during the public meetings, community concerns expressed during this period and reflects
further analysis and review of the project by the staff.
The applicant seeks a number of special exceptions for the proposed mixed -use project to be
located on two parcels held under the same ownership and separated by a public right of way.
The two parcels are proposed to.be unified under a unity of title for the purposes of development.
Comprehensive Plan, under Land Use Map And Related Policies, authorizes "averaging
permitted densities over more than one lot provided that unity of title exists and that provision is
made for the maintenance of unity of title Both parcels are located within the Hometown
District. The larger parcel, Sitel, 5966 and 5970 South Dixie Highway, is an irregular shaped
parcel with an area of 31,473 sqft and is located at the north west corner of S.W.74" and
S.W.591h Ct. as identified by in the attached copy of the survey. The uniqueness of this parcel is
further highlighted by its configuration resulting in a street frontage of 115 feet on US 1 and a
rear street frontage of 95.5 feet on S.W. 59 Court with S.W. 74 Street running partially along the
side of Site 1. The smaller parcel, Site2, has an area of 11,039 sqft and is located at the south west
corner of S.W.74th Street and S.W.59th Place. The Comprehensive Plan allows for a combined
maximum buildable area of 68,019 sqft. based on an allowable Floor Area Ratio (FAR) of 1.6
with a maximum of 23 residential units and a four story height limitation. Both sites are required
to meet the FAR of 1.6 independently. The revised project has a total area of 63,301 sqft and
includes a theater, sixteen (16) residential units, retail/ office spaces and related parking
structures to accommodate 246 spaces with 7 onstreet parking spaces.
It is the intent of the developer to rebuild and reopen the abandoned Sunset Theater to provide an
opportunity for community groups to hold cultural events or to show art films, and to make it
available to small cultural groups as their permanent home. Arcades along the US l frontage
provide the necessary width and appropriate setting for pre- and post - performance activities. The
primary retail uses of the building are located at the third and fourth floors facing South Dixie
Highway. The frontage along 74th Street and 59`h Court on Site 1 provides for active street level
activities, such as, newsstand, coffee shop and restaurant/ bar. The residential component of the
project, located completely within Site 2, provides for infill residential units.
The proposed developments on the two sites are physically connected by a two level overhead
vehicular bridge, which also provides access to above grade parking levels on Site 2. The
overhead bridge will require a separate ordinance to initiate the conveyance of air rights of
public rights of way. Approval of the overhead bridge will be subject to a negotiation of the air
rights conveyance to the satisfaction of the City Commission. It will also be incumbent upon the
applicant to obtain all necessary City and County approvals to construct over the public right of
way.
The applicant will provide appropriate street trees along the sidewalks surrounding the project.
The portion of the project that contains the residential component provides a narrow landscaped
area at the ground floor and a landscaped rooftop courtyard at the apartment level. Other
landscaping elements such as potted planters, landscaped trellises, and wall - hugging vines are to
be installed throughout the project, in order to introduce colors and soften building surfaces.
The following special exceptions are requested by the developer to accommodate the allowable
building area and the necessary parking:
Site 1
1. Deviate from the build to lines on Southwest 74 Street; from 10 feet to 0 feet.
2. Deviate from the maximum lot coverage of 60 %, 20,000 square feet per building to
98.77 %, 39,047square feet.
3. Deviate from the maximum buildinj depth of up to 70% plus the depth of an accessory
building by permitting 100% on 59` Court.
4. Deviate from the required open yard space of 5% to approximately 0.8 %.
Site 2
1. Deviate from the maximum lot coverage of 50% to 95.66 %.
2. Deviate from the required open yard of 10% to approximately 4.33 %.
3. Deviate from the use schedule to provide above grade parking
The Land Development Code specifies that construction in the Hometown District will follow
those procedures established for the district or that the City Commission may, by special
exception after a public hearing by the Planning Board, waive strict compliance of the District
provisions. The Planning Board must find by substantial, competent evidence that:
(a) The proposed development contributes to, promotes and encourages the improvement of the
Hometown District and catalyzes other development as envisioned in the Hometown District
regulations;
(b) The proposed development is compatible with the land use and development intensities
prescribed by all applicable City regulations;
(c) The proposed development must possess integrity of design compatible with design criteria
established for the Hometown District and with the overall image of the city;
(d) The proposed development shall be designed in a manner that provides for effective
management of traffic (vehicular and pedestrian), parking, lighting , noise, and waste
generated by the development, and for management of the impacts of the development on
public facilities and services;
(e) The proposed development does not expand the permitted uses within the Hometown
District;
(f) The proposed development will not have an unfavorable effect on the economy of the City
of South Miami;
(g) The proposed development, when considered cumulatively with other development, both
present and future, within the Hometown District, will not create excessive overcrowding or
undue concentration of population.
Project Analysis:
Staff's analysis of the project for consistency with the above criteria is as follows:
(a) The proposed development contributes to, promotes and encourages the improvement
of the Hometown District and catalyzes other development as envisioned in the
Hometown District regulations.
WW
�V.
The proposed development provides a broad mix of uses and creates a rich diversity of
cultural, residential, and retail /restaurant uses. It contributes to, encourages the improvements
of and catalyzes other developments as envisioned by the Hometown District regulations.
• The project enhances the sense of place by placing pedestrian oriented activities,
providing pedestrian related amenities such as arcades, awnings and sidewalks with street
trees. Sunset Theater operated between mid 40's to mid 70's as a movie theater was the
only movie theater in the City for a period of time in the 40's. Renovation of the Sunset
Theater, which has a historical and emotional significance, is expected to create a
community identity.
• The proposed development will help reduce commuter traffic demand of the area by
providing a mix of uses including residential and locating uses such as news stand, coffee
shop, restaurants and a live stage theater in the close proximity of the multifamily
residential area.
• The proposed development provides the required parking spaces based on the code
requirements before any of the Hometown District parking incentives is applied.
Currently, it is the desire of the City Commission for each of the proposed developments
to provide adequate parking for its own need while every project is reviewed individually
to determine appropriateness for granting any incentive for parking reduction. The
developer has the option of possibly requiring lesser number of special exceptions by
providing a minimum number of onsite parking (approximately a total of 40 to 50 spaces
on both sites) on surface lots and contribute funds into the Hometown Parking Trust
Fund. The developer has chosen not to exercise this option because the development can
not be assured of an adequate supply of parking and staff believes that it will create
harmful and adverse impacts on the surrounding residential areas. The parking
infrastructure concept envisioned by the Hometown Plan is and remains the City's goal,
however it is currently not in place to the extent needed for this development. Whether all
or any or none of the parking incentives are granted, the development requires a parking
structure. The dimensional requirements of a parking structure, the size and the
configuration of the site make the requirements of the lot coverage, building depth and
build to line unattainable.
Graphic nature of the Hometown District Overlay Ordinance contemplates regularly
shaped parcels and acknowledges, through designation of "Special Areas", that special
rules may apply to lots with irregular geometry.
(b) The proposed development is compatible with the land use and development intensities
prescribed by all applicable City regulations.
The proposed development is compatible with the land use intensities, except where request
is made for special exceptions and development intensities prescribed by all applicable City
regulations. All the proposed uses are allowed by the code and the development is within the
prescribed FAR and the height limitations of four stories/ 56 feet.
(c) The proposed development must possess integrity of design compatible with design
criteria established for the Hometown District and with the overall image of the city.
The proposed development has received a conceptual approval of the Environmental Review
and Preservation Board. The development will have to go through additional design and
landscaping reviews by the staff and the Environmental Review Board. The staff feels'that
the appropriateness of the scale and the architectural treatment of the bridge, which create a
"landmark" effect for the Hometown District, are of extreme importance to the pedestrian
character and to the architectural vocabulary and should be reviewed carefully. The overhead
bridge will allow for above grade pedestrian movement while Hometown Plan emphasizes
street level pedestrian movement. The overhead bridge also sets precedent for future projects.
The parking component is an "un- pedestrian" but a necessary element. The essence of the
Hometown Plan requires that parking structures be hidden so as not to create building
facades that are void of human activities. While this requirement becomes unattainable in this
particular case due to reasons discussed earlier, significant attempts have been made to
camouflage the parking from public view. The parking at the street level has been wrapped
with uses that create walkable streets, while the upper levels of parking have been treated
architecturally to provide a non - parking garage look.
(d) The proposed development shall be designed in a manner that provides for effective
management of traffic (vehicular and pedestrian), parking, lighting, noise, and waste
generated by the development, and for management of the impacts of the development
on public facilities and services.
The developer has completed the concurrency evaluation for traffic. The evaluation indicates
that there are adequate roadway capacities to support the development. The existing right -of-
way along S.W. 59 Court is currently below the minimum prescribed width. The proposed
development will be required to dedicate 5 -feet along 59 Court at the time a building permit
is requested. The development does not create any significant impact on the City's inventory
of open space based on the permanent population generated by the development. With the
additional recent acquisition of open spaces, the City currently meets the requirements for
open space. The developer has obtained Sewer Capacity Certification from Miami Dade
County Department of Environmental Resources Management (DERM). Solid waste
generated by the development is contained within the site. All storm drainage related
comments by Public Works have been forwarded to the developer, who is responsible for
compliance with South Florida Building Code standards for on and off site storm drainage.
Other County concurrency requirements and impact fees for items such as fire, water,
schools will have to be satisfied by the developer during the permitting process.
(e) The proposed development does not expand the permitted uses within the Hometown
District.
All the uses proposed are permitted within the Hometown District.
(f) The proposed development will not have an unfavorable effect on the economy of the
City of South Miami.
Due to the under utilization and the present condition of the property, the proposed
development will substantially increase the tax base generated by the property. The
development will improve the economic health of the City by creating infill residential units
and providing opportunities for expending disposable income by introducing cultural and
retail elements.
(g) The proposed development, when considered cumulatively with other development,
both present and future, within the Hometown District, will not create excessive
overcrowding or undue concentration of population.
The development is within the prescribed regulations for development density, height and
use. The suggested mix of uses of the development will not create excessive overcrowding or
rX
undue concentration of population that is beyond what is envisioned within the Hometown
District.
Staff generally finds the requests for Special Exception meet the intent of the Hometown District
Overlay Ordinance and the requirements set forth in the Land Development Regulations for
granting such exceptions. The development:
(a) Will not adversely affect the health or safety of persons residing or
working in the vicinity of the proposed use;
(b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and
(c) Complies with all other applicable Code provisions.
The staff also finds that the requests for special exception do not conflict with the adopted
Comprehensive Plan of the City of South Miami. The development furthers many of the goals of
the Future Land Use Element of the City's adopted comprehensive plan, including, to preserve
and enhance the City's small town character, to preserve and enhance the pedestrian character by
encouraging development as envisioned by the Hometown Plan and to achieve a tax base
adequate to support a high level of municipal services via increased mixed use projects.
Recommendations:
(1) Site 1:
The staff recommends approval of the special exception requests on Site 1.
(2) Site 2:
The staff recommends the following:
• Eliminate the overhead bridge
• Remove all above grade parking
• Satisfy the lot coverage and open yard space requirements without any additional request
for special exceptions
• Allow for limited amount of retail at the first floor pursuant to the Comprehensive Plan
Future Land Use Element
(3) For the project as a whole the staff recommends the following:
(a) The overall built up area to be limited to under 58,000 square feet pursuant to the original
application. The development will include a theater on Site 1, sixteen (16) residential units
on Site 2, retail/ office uses on both Sites 1 and 2 and a parking structure on Site 1 to
accommodate 194 spaces plus 7 onstreet parking spaces.
(b) A shared parking reduction of up to 20% or 52 spaces be granted to minimize the impact
of the massing created by the parking requirement. The condition for such a reduction is that
employee parking be accommodated either on site or off site in order to eliminate impacting
the adjacent residential area. This scenario will provide a total of 201 spaces. Elimination of
the above grade parking levels on Site 2 without any increase to the four levels of parking on
qfwwww
0
Site 1 will result in a 20% parking reduction. A 20% reduction is justifiable and it is believed
will not adversely impact the surrounding area because of the type of uses that are proposed
for the project. The theater will generally be open only at certain times, especially when
some of the retail is closed. The combination of residential and retail/ office will further help
with the shared parking factor.
Additionally, there are two other scenarios that can be considered for parking. If the parking
incentives allowed by the code are granted to its fullest extent of 35% one full parking level
can be reduced. This will reduce the massing of the parking structure to only three levels.
This scenario will provide approximately 169 spaces, a reduction of 84 spaces or 33%. A
second scenario will add an additional level of parking to provide up to 233 cars, a
reduction of 20 spaces or 7%. An additional level can be added to provide 5 levels of parking
without exceeding the - allowable height but will increase the massing of the parking structure
(c) In lieu of open space on Site 1 the developer is required to provide street trees along both
sides of SW 74th Street from 61St Avenue to 59th Court to the extent possible and along the
full frontage of the project sites. Additionally the developer is required to enhance the
intersection of 74th Street and 59th Court with special pavers and landscaping to create an
effect of traffic calming.
(d) The flat roofs are designed with white reflective surfaces in accordance with the Cool
Communities guidelines and specifications.
(e) The theater is to be available for 20% of the time to the local community groups and
organizations for functions and special events.
Attachments:
Letter of Intent
Concurrency evaluation of Traffic
Sewer Capacity Certification
Minutes of May 25, 1999 Planning Board meeting
Copy of the Courtesy Notice
Property Survey
Reduced site plan,
Elevations and floor plans.
0 1 \Planning\Rum Bum PB 99 -007 report.doc
r
Felix Pardo & Associates, Inc.
Architecture Planning Interiors
5455 S.W. 8 Street, Suite 205
Miami, Florida 33134;
AA0002478
•t;
22 July 1999
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Attn: Mr. John Little, Assistant Planning and Zoning Director
Re: Proposed Commercial Development for Rum Bum Distributors, Inc.
5966 South Dixie Highway, South Miami, FL
Project No.: 9830
Dear Mr. Little,
'V � v
i;_
`•V iD
J UIL 2 S 1 999
Please accept the following amended letter of intent for the above- mentioned project.
Although the ordinance is a good plan we respectfully request the following exceptions
due to the fact that some of these concerns were not anticipated at the time the
ordinance was adopted. The Building Configuration as depicted on the site plans on the
hometown manual is only a small sampling of design possibilities and not a "paint by
numbers" manual.
This project requires the following special exceptions that are attributed to the
implementation of the Hometown District Ordinance.
1) Open Yard Space: Parcel 1 provides 0.85 % Vs 5 % required. Parcel 2 provides
4.33% Vs 10% required. Because of the use of arcades in the project, landscaping
can not be provided at the perimeter of the building because of the uniqueness of
the site being bordered by three streets. Furthermore, because of the off-street
parking, we can not provide parking in a reasonable manner. Additionally,
landscaping which is proposed in the public right of way does not allow for any
credit toward the requirement. Finally, landscaping that is above the grade level
and landscaping under any overhang does not count toward this open space.
2) Build to Line: In this particular unique site the build to line is arbitrary and
therefore does not provide a consistency within this particular unique property.
These build to lines are better thought out in non -vacant parcels and closer to the
core of the business district.
n
3) Lot Coverage: Parcel l provides 99.15 % Vs 60 % allowed. Parcel 2 provides
95.66 % Vs 50 % allowed. Again, because of the uniqueness of the Parcel 1 site,
the use of the arcades does not allow counting said area to unencumbered area.
The off - street parking required does not allow for a smaller footprint of building.
4) Twenty thousand square feet maximum per building only for Parcel 1 Vs 31,207
sq. ft. provided: The existing ownership and uniqueness of this property exceeds
this amount do to the fact of the required off-street parking footprint. The existing
theatre footprint covers 1/3 of the maximum allowed already.
5) Building Depth of 70 % maximum Vs 100 % on 59 Court for Parcel 1 only: The
uniqueness of the shape of the property and three streets it borders make this
requirement along with the required off street parking an unreasonable burden.
6) Parking levels above grade in Parcel 2 Vs Residential Uses only: :We believe that
parking is not a use by itself and that parking is required in order to meet the
Ordinance requirements for storage of vehicles. It should not be considered retail,
office or residential. If not, only surface parking would be allowed in residential
areas. Furthermore, the majority of the parking is for the residential uses although
retail and office is allowed on the ground floor.
As described above, parking is a key component to this project. The Parking Trust
Fund was created in order to provide a parking alternative for those projects that could
not meet said requirements. But, our project is not near a completed facility to provide
the needs of our project. In theory this is great but what is the parking situation today
for our project? Our project is unduly penalized to make a reasonable use of the
property. Furthermore, the City Commission incased an ordinance suspending the
parking bonuses provision of the Ordinance. We are entitled to a 35 % bonus. This
adds to the requirement problems, which in turn make many of the special exceptions
required.
Furthermore, although not a special exception, both parcels 1 and 2 shall be joined by a
unity of title before the issuance of a building permit. We also understand that a
separate approval by the City Commission for the air rights in order to build the
vehicular / pedestrian bridge.
This project complies with all aspects with the Hometown District Overlay Ordinance.
Its integrity of design, promotes and encourages the improvement of the Hometown
District and abets future Hometown District development. This project is compatible
with the land uses and the permitted uses according to the Hometown Plan as well as
having a favorable effect on the economy of the City of South Miami.
In addition, this project complies with Concurrency as set by the Hometown District
Overlay Ordinance. Please see attached letter concerning concurrency for traffic studies
by Miller Consulting Inc. and attached allocation letter concerning concurrency for
water and sewer by Environmental Resources Management.
..
Furthermore, this project offers a tremendously rich diversity of uses with a cultural
element not previously seen in the City of South Miami. The project is sensitive to the
human scale and promotes pedestrian movement through covered arcades. It exceeds
the parking requirements without the look of a parking garage. This project promotes a
working, living, shopping, entertaining and cultural environment which is truly urban and
in keeping with the spirit of the Hometown District.
Finally, in granting these special exceptions, this project will be a catalyst for an area that
is run down and void of these positive elements for the City. The historic context of the
old theater will be revived and the positive financial benefits will not be limited to this
development but will affect other properties in a positive manner.
Once again, thank you for your cooperation and consideration of this matter.
CSI
cc Mr. Luis Bacardi, Rum Bum Distributors
file
I
M1llelrConsulting, Inc.
project development, engineering, traffic, economics and finance.
May 25, 1999
Luis Bacardi
President
Rum -Bum Distributors, Inc.
5966 South Dixie Highway
South Miami, Florida 33143
Re: Multi -Use Development
City of South Miami
Dear Mr. Bacardi:
455 Fairway Drive, Suite 1 G
Deerfield Beach, Florida 3344,
Telephone. (954) 427 -667
Faaimile: (954) 427 -181
E- Mail.• millercoCagate.n
hup: 11 www. miller - consulting, rns
MILLER CONSULTING, INC. has performed a traffic concurrency analysis for a proposed multi -use
development planned to be located on SW 741'' Street and generally bounded by Dixie Highway to the
northwest and SW 59' Court / Place to the east in the City of South Miami. Figure 1 shows the
location of the site and its relationship to the immediate transportation network. The concurrency
analysis was prepared using the information contained in the City's Land Development Code,
Comprehensive Plan, and Miami-Dade County concurrency management system. The following is
a summary of the report's findings.
INVENTORY
The existing site contains the following land uses:
❑ 5,180 square -foot boat repair / sales store
❑ 4,250 square feet of retail (flower shop)
The proposed site plan for this location consists of the following retail, office, and residential land
uses:
❑ A small theater (7,923 square feet) with seating capacity for 150 people.
❑ An 8,832 square -foot restaurant.
❑ X12,800 square -foot micro brewery.
❑ 20,261 square feet of retail area.
❑ 4,032 square feet of office space.
❑ Six townhomes.
❑ 10 apartments.
Given the small -scale and specialty nature of the restaurant, micro brewery and theater and their inter -
relationship with the remaining retail development (cafe, coffee shop, newstand) these land uses were
treated as retail development as well. Even though the theater is anticipated to generate minimal trips
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Figure 1
Site Location Proposed
,w�� Map Commercial Building
South Miami, Florida
(according to the Institute of Transportation Engineers, a theater generates approximately 40 percent
less traffic than a retail use of similar size), the theater was treated as retail space in order to assess
impacts with a conservative approach. This yields a total retail development area of 39,816 square
feet.
EXISTING CONDITIONS
The existing transportation network located in the vicinity of the prof ect includes three major roadways
and two minor streets. The three major roadways include US 1 (South Dixie Highway), SW 72nd
Street (Sunset Drive), and SW 57" Avenue (Red Road). According to Miami -Dade County
Concurrency Management System, there are five (5) concurrency stations in the vicinity ofthe project
site, as illustrated in Figure 2. The available capacities on the five concurrency stations are
documented in Table 1. The available capacities shown in Table l are based on the lowest of the
capacities published by the City of South Miami and Miami -Dade County. Furthermore, these
available capacities reflect existing traffic as well as traffic associated with approved developments,
as of May 1999, but not yet built and/or fully operational.
TABLE 1.
CURRENT RESERVE CAPACITY
CITY OF SOUTH MIAMI MULTI-USE COMMERCIAL DEVELOPMENT
Peak Hour
Recently
Actual
Station
Location
Available
Approved
Available Peak
No.
Capacity
Development'
Hour Capacity
164
US 1 south of Sunset Drive
2,608
49
2,559
127
US 1 north of Sunset Drive
3,294
0
3,294
70
Sunset Drive west of US 1
126
25
101
656
Sunset Drive east of Red Road
788
12
776
634
Red Road north of Sunset Drive
1,792
125
1,667 __JJ
Source: Miami -Dade County and City of South Miami Comprehensive Plan
TRIP GENERATION
The trip generation for the project was determined using the trip generation formulas published in the
Institute of Transportation Engineer's (ITE) Trip Generation Manual (6`' edition). The daily and PM
peak hour trip generation formulas used for the proposed retail /office /residential development, as
obtained from ITE, are documented below:
RETAIL (ITE LAND USE 820)
0 Daily Trip Generation: Ln (T) = 0.643Ln (x) +5.866
0 PM Peak Hour Trip Generation: Ln(T) = 0.660Ln (x) +3.403
1 Reflects the available capacity consumed by the recently approved office /retail development to be located on
„ the southeast corner of SW 73'd Street and SW 57`' Court.
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Page 3 of 8
1
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Figure 2
Concurrency Stations Proposed
Commercial Building
South Miami, Florida
_... — — .- �_�- �-.. --i, �m- ,.v�-.��.- r..:�R^',.a,. .. ;7r'AW .•, �;�rt'�F'E N+r ._...,�IT�,. .+:T°a. sc= 'z- %'�`n,;..<�" >..�� :�3�.,•i,p,T",. �., .�„ � ���.� ..
T� ,
OFFICE (ITE LAND USE 710)
❑ Daily Trip Generation: Ln(T) = 0.768Ln (x) + 3.654
❑ PM Peak Hour Trip Generation: Based on ratio between average PM peak hour rate
and average daily rate, as documented in the ITE Trip Generation Manual.
RESIDENTIAL - TOWNHOUSE (ITE LAND USE 230)
❑ Daily Trip Generation: Ln(T) = 0.850Ln (x) + 2.564
❑ PM Peak Hour Trip Generation: Ln(T) = 0.827Ln (x) + 0.309
RESIDENTIAL - APARTMENT (ITE LAND USE 220)
❑ Daily Trip Generation: Average Rate = 6.63 trips / dwelling unit
❑ PM Peak Hour Trip Generation: Average Rate = 0.62 trips / dwelling unit
Table 2 summarizes the trip generation for the project. As indicated in Table 2, the project is
anticipated to generate approximately 4,010 daily trips and 369 PM peak hour trips.
Net External 2,101
TABLE 2
TRIP GENERATION SUMMARY
CITY OF SOUTH MIAMI - MULTI -USE DEVELOPMENT
Land Use
Retail
Office
Townhouse
Apartment
Size
39,816 sq. ft.
4,032 sq. ft.
6 Dwelling Units
10 Dwelling Units
Daily Trip Generation
Total
Land Use
Size
Daily Trips
Retail
39,816 sq. ft
3,771
Office
4,032 sq. ft.
113
Townhouse
6 Dwelling Units
60
Apartment
10 Dwelling Units
66
Total
4,010
Passer -by
-1 885
,
Internal
-24
Net External 2,101
PM Peak Hour
Land Use
Retail
Office
Townhouse
Apartment
Size
39,816 sq. ft.
4,032 sq. ft.
6 Dwelling Units
10 Dwelling Units
Daily Trips
342
15
6
6
Total
369
Passer -by -171
Internal -3
Net External 195
Source: Institute of Transportation Engineers (ITE) Manual (61 edition)
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PASSER -BY TRAFFIC
The Institute of Transportation Engineers (ITE) indicates that not all of the traffic generated by retail
land uses are new trips to the area transportation network. ITE recognizes that a certain percentage
of the total generated traffic is already traveling on the adjacent roadways. These trips are known as
passer -by trips. The percent of passer -by traffic for retail land uses is based on the following formula
published in the Trip Generation Manual (51 Edition):
Ln (Pass -by) _ - 0.341 Ln (x) + 5.376
Using the above equation, the percent passer -by traffic applicable to the proposed 39,816 square feet
of retail space is approximately 61 percent. In order to assess impacts with a conservative approach,
we have assumed that only 50 percent of the trips generated by the retail development are passer -by
trips.
INTERNAL CAPTURE
Since the proposed project is a mixed -use development, including three primary land uses (retail,
office and residential), some of the total trips generated by the development will be internal to the
project. Most of the theater - related trips are anticipated to be internal trips. However, in order to be
conservative, only five percent of the office and residential trips and 0.3 percent of the retail trips were
assumed to be internal trips.
EXTERNAL TRIPS
Using the passerby and internal capture assumptions documented above, the new external daily and
PM peak hour trips generated by the subject project are 2,101 and 195 respectively.
TRIP DISTRIBUTION
The trip distribution for the project was based on Dade County's Cardinal Distribution information
for the study area. Table 3 summarizes the County's cardinal distribution data for traffic zone 915,
which is applicable to the subject project.
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TRAFFIC ASSIGNMENT
The project traffic distribution shown in Table 3 was assigned to the existing roadway network as
follows:
❑ 40% to US 1 north of Sunset Drive
❑ 15% to Red Road north of Sunset Drive
❑ 12% to Sunset Drive west of US 1
❑ 25% to US 1 south of SW 74`h Street
❑ 8% to Sunset Drive east of Red Road
The project traffic assignment outlined above was combined with the concurrency information
documented in Table 1 to develop a future conditions concurrency evaluation for the subject project.
The future conditions concurrency evaluation is summarized in Table 4. As indicated in the table, the
transportation network located in the vicinity of the project has sufficient capacity to absorb the
impacts generated by the proposed retail/office /residential development.
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I
Please call me if you have any questions.
VJy truly yours,
4aquiVargas,, sulting, Inc.
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TABLE' 4
FUTURE- CONCURRENCY EVALUATION
CITY OF SOUTH MIAMI - MULTI -USE DEVELOPMENT
Station No.
Previous Peak
Location Hour Available
Project New Peak Hour
Traffic
Available
Capacity
US 1 south of Sunset Drive 2,559
64
Capacity
164
127
US 1 north of Sunset Drive 3,294
102
2,495
70
Sunset Drive west of US 1 101
31
3,192
656
Sunset Drive east of Red Road 776
20
70
634
Red Road north of Sunset Drive 1,667
38
756
1,629
Source: Miami -Dade County, City of South Miami Comprehensive Plan, and Miller Consulting Inc.
Please call me if you have any questions.
VJy truly yours,
4aquiVargas,, sulting, Inc.
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,rave,.' 1 of 2
MIAMI -DADE COUNTY, FLORIDA 1999052115121982
MIAMI DA
Sam
Issued Date : 21-MAY-1999 ENVIRONMENTAL RESOURCES MANAGEMENT
Expiration Date: 19 -AUG -1999 WATER AND SEWER DIVISION
33 S.W. 2nd AVENUE
MR FELIX PARDO SUITE Soo
FELIX PARDO & ASSOCIATES, INC MIAMI, FLORIDA 33130.IW
5455 SW 8 ST C.IOS) 3n -6500
MIAMI, FL 3 313 4
Fax- 305 -945 -7006 Tel- 305- 995 -4555
RE: Sewer System Treatment and Transmission Capacity Certification
Dear MR PARDO:
The Dade County Department of Environmental Resources Management
(DERM) has received your application for approval of a sewer service
connection to serve the following project which is more specifically
described in the attached project summary.
Project Name: COMMERCIAL BLDG.- RUM -BUM DISTRIBU
Project Location: 5966 S DIXIE HWY SOUTH MIAMI
Proposed Use: 6 TOWN /10 APART /8832 SF BREWERY /20261 SF RETAIL
Previous Flow: 217 GPD
Calculated Sewage Flow: 9766 GPD
Sewer Utility: MIAMI DADE WATER & SEWER DEPARTMENT
Receiving Pump Station: 30 -0177
DERM has evaluated your request in accordance with the terms and
conditions set forth in Paragraph 16 C of the First Partial Consent
Decree (CASE NO. 93 -1109 CIV- MORENO) between the United States of
America and Metropolitan Dade County. DERM hereby certifies that
adequate treatment and transmission capacity, as'herein defined, is
available for the above described project.
Furthermore, be advised that this approval does not constitute
Departmental approval for the proposed project. Additional reviews
and approval may be required from sections having jurisdiction over
specific aspects of this project.
Please be aware that this certification is subject to the terms and
conditions set forth in the Sewer Service Connection Affidavit filed
by the applicant, a copy of which is hereby attached. By copy of
this certification we are advising the appropiate building official
of our Department's determination.
,J
a�jgg; .•M of 2
Issued Date: 21- MAY -1999
Expiration Date: 19 -AUG -1999
Sincerely,
111��U1111 mill III IIIIlllil �u�l��ip�
1999052115121982
John W. Renfrow, P.E.
Director
Department of Environmental Resources Management
By:
Vi to E. Arre ola, P.E.
Chief, Water & Sewer Division
Attachements (2)
cc: Building Official (w /Attachments)
Utility Official (w /Project Summary Attachment)
Date: 05 -21-1999 page.
Applicant's Name: MR FELIX PARDO
Applicant's Address: 5455 SW 8 ST
DERM Number: 1999-0521-1512-1982
Project: COMMERCIAL BLDG.-RUM-BUM DISTRIBU
5966 S DIXIE HWY
Proposed use: 6 TOWN/10 APART/8832 SF BREWERY/2
Pump Station: 30 -0177 Allocated flows: 9766 (GPD)
Projected NAPOT. 8.19 (HR)
# Folio Lot Block Flow (GPD)
1 09-4036-029-0090 9766
i
. _ - -- _ _.. a�w�,x Lnx•1'ir lt,:w'rlviv <,�-'b!b Revie
)erm # 1999 -0521- 1512 -1982
3 &Z Proc #... Folio...09- 4036 - 029 -0090 Derm Proc No... _
applicant
;ontact Name.-MR FELIX PARDO
:ompany Name..FELIX PARDO & ASSOCIATES,INC
kddress ....... 5455 SW 8 ST
'ity .......... MIAMI
telephone Number..... 305- 445 -4555
?roject Background
?roj Name.. COMMERCIAL BLDG.- RUM -BUM DISTRIBU
kddr ....... 5966 s DIXIE HWY
ity ....... SOUTH MIAMI
3tate ...... FL Zip..
Jtility Information
Pump Station Recv..30 -0177
Lateral Connection (NEW/EXT) ... EXT
Point of Connection
PROPERTY RIGHT OF WAY
Date ..... 05 /21/19
State.-FL Zip..33134-
Fax Number.... 305-445-700
Is it a public facility (Y /N)?
NNI (Y /N)..N DIC (Y /N).
S. E. Number if any..
Building official .... 3Q
MIAMI DADE WATER & SEWER DEPARTMENT
Sewers Abutting Prop. (Y /N) ....... y
Project Details
Number and Type of Units.-6 TOWN /10 APART /8832 SF BREWERY /20261 SF RETAIL
Previous Use........
Constr. Schedule..as
6 townhouse
10 apartment
8832 sf brewery
20261 sf retail
....4339 SQFT RETAIL
soon as possible
1500 gpd \ 4032 sf office = 403 gpd
2000 gpd \theater 217 people = 651 gpd
4416 gpd
1013 gpd
(Prop flow 9,983 gpd) -(Prev Flow
(DEAL gpd) + (Allot Flow
217 gpd)= 9,766 gpd Prop In
9,766 gpd) + (CO gpd) = 9,766
Estimated Completion Date...12/01/1999 Application Status .... CERT2
+------ - - - - -- -------------------------------------------- - - - - --
This section is for issuing letters
Certified Letter Issue Date ....
05/21/1999 Issued by
.... TOLEDO
90 -day Expiration date ...........
08/1911999
Recert Letter Issue Date .......
Recert 90 -day Expiration Date....
+-----------------------------------------------------------------------------
Improvements for the following pump stations must be completed before CO /CC:
Station Number Rec (R), Up
(U) Signature
Date
or Down (D)
-------------------------------------------------------------------------------
Signature..TOLEDO_O
Sign Date..05/21/1999
16:20:35:24
GOLD /S <S >ewer Cert Letters GOLDIC
Station <C >omments
GOLD /L Plan <L >ot
GOLD /K Legal Trac <k >ing GOLD /Y
Station Monthl <y> Info
ESC /A Print Label
GOLD /G Codes & Cate <g >ories GOLD /H
Create Paragrap <h >s
MIAMI M%' MI DARE COUNTY, FLORIDA
METRO -DADS FLAGLER BUILDPNG
.. �4
May 21, 1999
Mr. Felix Pardo
Felix Pardo & Associates
$455 SW $'h Street, Suite 205
Miami, FL 33134
Ref: Permanent occupancy of public property
Dear Mr. Pardo:
BUILDING CODE COMPLIMCE OFFICE
. METRO -DARE nA.OLER BUILDING
140 WEST FIAGL8R STRM, SUITS 1603
MLA-Au. FWRIDA 33130.1563
(305)V5-2901
FAX (105) 375 -2908
PRODUCT CONTRou DIVMO '
(3C3) 37i 2902
FAX (305) 3r_ -5339
VIA: TELEFAX
This is in response to your May 21, 1999 telefax on the above referenced issue. The South Florida
Building Code (SFBC) Section 3303 P,ERNW,MNT OCCUPANCY OF FL13LIC PROPERTY
reglilates your issue.
Although Subsection 3303.1 GENERAL: states that "the permanent use or occupancy of public property
shall be prohibited except as provided in this section", there are exceptions with conditions, for signs;
awnings; marquees; pipes and service equipment; architectural ornamentation'and other projections; and
foundations. If your condition is contemplated in any of the aforesaid exemptions, the use could be
allowed under the South Florida Building Code if also compliant with other applicable regulations.
Feel free to contact me if you !lave any further questions on this matter.
Very M. 11y yours,
Th6odort Berman, P.E.
Deputy Director
C :"y Doaunenu\9MM tb FeL'x Fado projection A'ii -400
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N�NUTES
REGULAR MEETING
PLANNING BOARD
Tuesday, May 25, 1999
City Commission Chambers
7:30 P.M.
I. Call to order and Pledge of Allegiance to the Flag of the United States
A. Mr. Pages, Chair, called the meeting to order.
B. The Pledge of Allegiance was recited in unison.
II. Roll Call
A. Board members present constituting a quorum
1. Mr. Pages, Mr. Morton, Ms. Gibson, Mr. Wiscombe, Mr. Illas
B. Board members absent
1. Mr. Lefley, Ms. Chimelis
C. City staff present.
1. Subrata Basu (Assistant City Manager/Planning Director); John Little (Principal Planner)
III. Public Hearings
A. ITEM: PB -99 -006
Applicant: Stir Crary Enterprises, LLC
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST FOR A
SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL" PURSUANT TO
SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE,
REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE,
TENANT SPACE C 18, THE SHOPS AT SUNSET PLACE, SOUTH MIAMI,
FLORIDA 33143; PROVIDING FOR A LEGAL: DESCRIPTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
1. Mr. Illas read the request into the record.
PB MINS 05 -25 -99
1
I M
2. Staff presented the item to the Board, noting that the request involved an application for an
Asian stir -fry restaurant at The Shops at Sunset Place.
3. Staff summarized an interoffice memorandum, dated May 17, 1999, noting that the subject
restaurant, Stir Crazy Cafe, would locate where China Grill had intended to open.
4. Mr. Rick DeMarco, of Glencoe, IL and Chief Operating Officer, spoke before the Board as a
representative.
5. Mr. DeMarco related details pertaining to the concept of the proposed restaurant.
6. During discussion of the application, including the former application by China Grill,
calculations of parking, restaurant use at the complex, etc., the Board and staff concurred that
outdoor dining should be included as part of the proposal.
7. Public hearing was opened.
8. There being no wishing to speak before or against the item, the public hearing was closed.
9. Following the close of the public hearing, the Board voted on the matter.
10. Motion: Mr. Morton moved approval of the application, inclusive of the recommendation
that outdoor dining be included as part of the proposal. Mr. Wiscombe seconded the motion.
11. Vote: Approval 5 Opposed 0
B. ITEM: PB -99 -007
Applicant: Rum Bum Distributors
Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR SPECIAL
EXCEPTIONS OF SECTION 20 -7.9 AND SECTION 20 -7.10 "DOWNTOWN
STREETS" AND 20 -7.13 "REGULATING PLAN' OF THE LAND
DEVELOPMENT CODE FOR A BUILDING LOCATED IN THE SR
"SPECIALTY RETAIL" ZONING DISTRICT, SPECIFICALLY ON S. W. 59
PLACE, S. W. 74 STREET AND S. W. 59 COURT, SOUTH MIAMI, FLORIDA
33143:
1. Mr. Morton read the request into the record.
2. Staff presented the item to the Board, noting that the request involves an application for "a
mixed -use project, including a residential component, in the vicinity of US 1 and SW 74 Street.
3. Staff summarized an interoffice memorandum, dated May 21, 1999, noting that the subject
project has been reviewed for such items as sufficiency of parking and favorable uses for the
area, including a residential portion at SW 59 Place and 74 Street.
PB MINS 05 -25 -99
N
4. Staff emphasized the City's sensitivity to existing residential uses located nearby and noted
the intention to render the project a positive impact upon the neighborhood.
5. Staff noted that the project meets certain code criteria, including that for FAR regulations and
for height limitations, and that concurrency reports had been received.
6. Staff read into the record a letter from Ms. Shirley Huebner, a resident of 7540 SW 59 Court,
relating her opposition to the project, including granting exceptions to Hometown regulations.
7. The Board and staff discussed various items regarding the project, including Hometown
regulations, particularly in regard to the possibility of constructing a parking deck.
8. Mr. Felix Pardo, architect, spoke before the Board as a representative.
9. In his presentation, Mr. Pardo related various items regarding the project, including:
a. that uniquely configurated parcels are involved;
b. that rebuilding of the existing theater is planned;
c. that there is no overage regarding FAR;
d. that there is no request for any relief in parking;
e. that a mix of uses is planned;
f. that the intended mix of uses includes the theater, a restaurant, retail, offices, etc.;
g. that residential uses are included as part of the mix;
h. that the residential component will consist of townhouses and apartments;
i. that the residential uses make it possible for people to live at the project;
j that along with residential uses, storefront uses are intended;
k. that both residential and storefront uses promote an active streetscape;
1. that arcades are proposed for pedestrians, as well as aesthetics;
m. that commercial activity will be situated closer to US 1;
n. that the residential uses will be situated closer to existing residential uses;
o. that fenestration will be provided on the parking structure portion;
p. that parked vehicles are well hidden from public view;
q. that a trolley stop is proposed in front of the newstand area.
10. The Board's responses included the suggestion to place landscaping at the exterior elevations
along the north and northeast sides of the project.
11. The Board held discussion on whether residential units will be for sale or rent and if
proposed uses are permitted uses within the Hometown District
12. The Public hearing was opened
a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, spoke before the Board.
b. Mr. Tucker spoke of being diligent and keeping an open mind as the project moves forward
PB MINS 05 -25 -99
c. Mr. Tucker asked that the residential uses remain intact as currently proposed and that the
project be a place of security and tranquility for both residents and visitors.
d. Ms. Susan Redding, of 7930 SW 58 Court, spoke before the Board.
e. Ms. Redding related that a primary concern was the proposal to have retail on an upper level.
f. Ms. Redding noted that she applauds the rebuilding of the theater to use for cultural activities
g. Mr Pardo returned to the podium to speak before the Board, relating his responses to
comments voiced by the two citizens who had just spoken.
13. The public hearing was closed.
14. Following the close of the public hearing, discussion continued.
15. The Board noted that the workability and manueverability of the parking portion be finalized.
I6. The Board held discussion in response to Shirley Huebner's concerns related in her letter.
a. In regard to the project resulting in an overbuilt site, the Board noted that it is important to
understand that US 1, a major thoroughfare, calls for density, both structurally and economically.
b. The Board also noted that the proposed residential units will complement the neighborhood
and not detract from the area, which is aesthetically not the most appealing.
17. The Board and staff continued their discussions involving Ms. Huebner's letter.
a. The Board related that, in the vicinity of the Villa Fontana Apartments (Ms. Huebner's
complex) and in the area of the proposal, an urban area exists as the Sunset Drive and US 1
corridor, as well as office buildings and other apartment complexes, are all located nearby.
18. The Board and staff noted that concerns do involve traffic and noise, which the City fully
realizes and is addressing, such as with concurrency reports.
19. Staff noted that the Hometown Plan involves theory, and as such, acts as a guide for planning
purposes.
20. Staff also noted that the special exception process was developed as a safeguard mechanism,
with the understanding that there may need to be modifications as projects come to the City.
21. Motion: Mr. Illas moved approval of the application, as presented. Mr. Wiscombe seconded
the motion.
22. Vote: Approval 5 Opposed 0
PB MINS 05 -25 -99 4
'�
IV. Approval of Minutes
A. Minutes for April 27, 1999
1. The Board duly voted and approved the minutes for April 27, 1999, as submitted.
2. Vote: Approval 5 Opposed 0
V. Remarks
A. Topics for discussion
1. Remarks were held in regard to the future FPZA conference and on the review of Planning
Board with respect to certain particulars of projects, such as parking.
2. Remarks continued with Mr. Pages announcing that he will be resigning his membership with
the Planning Board, as he will be leaving South Miami.
3. Remarks closed with the Board and staff noting that Planning Board elections would be
postponed to the next meeting of Planning Board, which would probably occur in July, as
summer recess is due.
VI. Adjournment
A. There being no further business before the Board, the meeting was adjourned.
B. Respectfully,
1.
Board Chairperson Date
2.
Board Secretary Date
PB MINS 05 -25 -99
„a 5
e
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Dally Business
Review f/k/a Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - 8/10/99
ITEM: PB -99 -007
In the ......... XXXXX
..................... Court,
waa11 gblill In sf n4 spaper in the Issues of
Afflant further says that the said Miami Dally Business
Review is a newspaper published at Miami In said Dads
County, Florida, and that the sold newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office In Miami In said Dade County, Florida, for a period of
opreceding the tint publication of the attached
a ment; and affiant further says that she has
or promised any person, firm or corporat ion
rebate, or refund for the purpose
is LcommIsslan
nt for publication In the said
3 0 S J u l and subscribed before me tbl�
...... day of ......................... A.D. 19......
rq.1.rt3r•....s'4!Yl�!. .............
(SEAL) t py pG OFFICIAL NOTARY SEAL
Sookle Wllllams personally to �l� CHERYL H MARML
(i n comm"ON NUMIBER
CC545384
!A,- MY COMMISSION EXPIRES
OF �o APR. 1 2,2000
AM
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
PLANNING AND ZONING DEPARTMENT
6130 SUNSET DRIVE; SOUTH MIAMI, FLORIDA 33143
PHONE: (305) 663 -6326; FAX fi: (305) 666 -4591
On Tuesday, August 10, 1999, at 7:30 P.M., the City of South Miami
Planning Board will conduct a Public Hearing in the Commission
Chambers at the above address on the following:
ITEM: PS -99-007
Applicant: RUM BUM DISTRIBUTORS
Request: A RESOLUTION OF THE MAYOR & CITY COM-
MISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO 'A REQUEST FOR SPECIAL EX-
CEPTIONS FROM SECTIONS 20 -7.8 THROUGH 20-
7.13 OF THE LAND DEVELOPMENT CODE FOR A
MIXED -USE DEVELOPMENT, PROPOSED ON TWO
PARCELS LOCATED IN THE HOMETOWN, DIS-
TRICT HELD UNDER A COMMON OWNERSHIP,
PROVIDING FOR A UNITY OF TITLE FOR THE
PURPOSES OF DEVELOPMENT OF THE PARCELS
SEPARATED BY A PUBLIC RIGHT OF WAY;
PARCEL 1 IS LOCATED AT THE NORTH WEST
CORNER OF S. W. 59TH COURT AND S. W. 74TH
STREET AND EXTENDING TO 5966 -5970 SOUTH
DIXIE HIGHWAY AND PARCEL 2 LOCATED AT THE
SOUTH WEST CORNER OF 59TH PLACE AND S.W.
74TH STREET, SOUTH MIAMI, FLORIDA 33143.
All interested parties are urged to attend. Objections or expressions
of approval may be made in person at the hearing or filed in writing
prior to or at the hearing. The Planning Board reserves the right to rec-
ommend to the City Commission whatever the board considers in the
best interest for the area involved. Interested parties requesting infor-
mation are asked to - contact the Planning and Zoning Department by
calling 663.6326 or writing to the address indicated above.
You are hereby advised that if any person desires to appeal any de-
cision made with respect to any matter considered at this meeting or
hearing, such person will need a record of the proceedings, and for
such Purpose may need to ensure that a verbatim record of the pro-
ceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based (F.S. 286.0105). Refer to hearing
number when making any inquiry.
7/30 99.3 -073035M
TPYVF0A
-~
'~ ~
,
92 All 4q 14 4 r
CITY OF SOUTA
Planning and Zoning Department
On Tuesday, August 16, 1999, it 7:30 RM. the City of South Miami Planning Board wul-co,nduct aPublic
COmrnissiOrl I Chambers at the above address on the following: Hearing in the
A re
quest for Special Excep'tions from applicable Sections 2-�8 through 20-7.13 of the Land Develop en
mixed use development" in the Hometown District. In t Code for a
The mixed-use development is locaW on two parcels under
common ownership, providing for a unity a of tide for the purposes of development of the -two sites separated by a
pubfic-right-'of way and is seeking special exception to deviate fro
building footprint, open yard space, building depth, build to line rn requirements Of lot coverage and 20,000sqft of
and parking at above grade leve'lL The parcel I is.
located at the north west comer of S W. 50th Court and S.W. 74th Street and extending to 5966-5970 South Dixie
Highway and parcel 2 located at the s o*uthwest comer of S.W. 59th Place and S W. -74th Street, South Miarnt Horida
For more information regarding this application or any matter. please call (305) 6653-6326.
All interested parties are urged to attend. Objections or expressions of approval may be made in p Orson at thO hearing
or Bled in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City
Commission whatever the board considers in the best interest for the area involved. Interested parties requesting I
information are asked to contact the Planning and Zoning Department by calling 663-
indicated above. 6326 or writing to the address
You are hereby advised that if any person desires to appeal any decision made with respect to any ma I tter considered
at this meeting or hearing, such person will need a record of the proceedings, and for such purpose 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 (ES. 286.0105) hearing number when making any inquiry.
PROM : CEASE Law Offices
'This InstAiment Prepared 13v
MICI IAEI. S. CEASE, ES�j
2900 N. W, 7th Street
Miami, Florida 3;125
Folio NOIS.09- .4136- 029 -0090
09- 4036 - 029 -0120; 09- 4036 -0
PHONE HO. :
OFF
FC t 623 ?PC4160
036 - 029• -0100;
020; 09.- 4036 -030 -0
HPr• ._U 1999 04:18PM P
9.°Ft40 1452 1993 AItG 14
DOCSTEDEE 12,000.00 SURTX
UARVEy RUVINO CLERK DADE CO,
This Warranty Deed, Made the
INC., a Florida col „ day of IJA C ST I99R, by INIATRIX PAWNS,
Poratiott existing under the Iaws of Florida', and having
place of business at: 300 Costanera Road, Coral Gables, Florida 33143, her • its principal
Grantor, to RUM BUM DISTRIBUTORS, INC., a Florida corporation existing hereinafter called the
laws of Florida, whose post office address is: P.O. Box 339, CoCOtlut Grove under the
33133 , hereinafter called the Grantee: a Florida
(%VheneVer used herein the tcrnt "grantor" and " galuee- include all the allies to tl and
heirs, legal represcntatives and assigns of individuals, and the su.eesson rnd sssigrsonst i or. lions)
Witnessetii, That the Grantors, for an in consideration of the
valuable considerations, receipt whereof is sum of . 1 0.00 hereby acknotivled a d and other
aliens, remises, releases, conveys and confirms unto the Grantee all that cent '
g , hereby grants, bargains, sells,
Miami -Dade County, State of Florida, viz: atn land, situate in
SEE ATTACHED LEGAL D1✓SCRIPTION MARKED EXHIBIT "A"
Sum U_1: Conditions, restrictions, easements,
record, and to I998 taxes and s abseauent tnents and limitations of
9 }tars.
Together, with all the tenements, hereditaments and appurtenances thereto
in anywise appertaining. belonging g g or
To Have and to Hold, the same in fee simple forever.
And the Grantor hereby covenant with said grantee that the grantor is last fuliv
said land in fee simple; that the grantors have
said land and hereby w . sci2ed of
Y arrant the title to said land and wtilll defend he samety to sell and convey
claims of all persons wliontsoever; and that said land is free of'all encumbrances, against the lawful
accruing subsequent to December 31, 1997 brances, except taxes
In Witness Whereof, the Grantor has caused these presents to be executed '
and its corporate seal to be hereunto affixed, by its Proper
day and year first above written. in or name,
p- per officers thereunto duly authorized, the
�i
.. .
FROM : CEASE Law Offices
'i N
PHONE NO. :
REC. 823zP�� 62
ZE
Apr. '70 1999 04:19PM P=
• hARCE_ L l� L � ,�
Lots f and 10 and the Sast 10 feet of 'the South 95.55 fast of Lot
0, Slook 2, AiON-PUT OF TSE SOLovorr MMI) ' R10m, according to
the . Plat: thsreof as recorded in plat Book 7 at Psago ii of the
public Records of Dada County, Florida.; and
All of Lot 6 and that porticu of Lot a, described as follows s
Segueing at the Southweaterly cower of Lot 6; thence South 30.34
feet' thence& scat 44.96 fasts thsnee Borth 30.34 foett thence
Morthsseear -scly 41.3 fast, thence Bouttmenterly So foot to the
origi.na3. Point Of Rogueing, all lying 1A Block 2. of the AttMZD
PLAT OP SOLOVO!! SGSDM920l;, as recorded In plat book 7 at Page it
of the F�ublie lttoo_ds of Dads County, Ploridal and
All of Lots 2 and 3, AxWCAX TOWNS2Tg COMpAM, SUBDIVISION stio
reeordsd is Plat look 3 At Page 134 of tha; Public Raeords of Dade
County, Florida.
All of Lot 5, Bleek 2, BOLOVOPP• S StMDri':
CROP'1 CEASE Law Of r i ces PHONE 1.40.
i `•r
ATTESC:
HILDA II'ACARDI, SEC.
Signed, sealed and deli er d in the presence of-
Witness Signature
Pri d Nam /)
Wt Hess Signatti e /
anted Name:
STATE OF ELDRIDA)
COUNTY OF MUMLD_ A DJE
Apr. 38 1999 04: 18P11 P3
�'
016" 132 , 2tt4161
MATRIX PAWS, INC.
BY: HILDA BAC RARDJ
Post Office Address
(SF.AL)
IV. _— •.
A. .
-'�•, �'' '�> � 'sir JFd;`:� � ,
I Hereby Certify that on this day, before me, an office: duly authorized to administer oaths and
take acknowledgments, personally a ppeared H_ IT
President and Secretary of
MATRIX PAWS, INC., a Florida corporation, known to be the person described in and who
executed the foregoing instrument, who acknowledged before me that she executed the
an oath was not taken. Said person provided the following type of identification: same, and
Li==.
dayWitness my hand and r official seal in the Count and State last aforesaid this f Z
Of , A.D., 199 Q
z_
Notary Rubber Stamp Seal:
NOTARY SIGNATUR
Printed Notary Signature
...,_, ..
C(O \d' \a� 1 �.
CON'. -I e
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