11-16-99MAYOR:
Julio Robaina CITY MANAGER: Charles Scurr
VICE MAYOR:
Mary Scott Russell CITY ATTORNEY: Earl G. Gallop
COMMISSIONER:
Horace G. Feliu CITY CLERK: Ronetta Taylor
COMMISSIONER:
David D. Bethel
COMMISSIONER:
Ann B. Bass
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: November 16, 1999 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: December 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:
C. Pledge of Allegiance:
D. Presentations)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
October 5, 1999 - Regular City Commission Minutes
2. City Manager's Report
3. City Attorney's Report
CONSENT AGENDA
REGULAR CITY COPMMISSION 1
AGENDA - November 16, 1999
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RELEASE FUNDS OF $4,310.00 TO M.C. HARRY
ASSOCIATES, INC., FROM ACCOUNT NUMBER 001 -0000-
131.8010, "SAFE NEIGHBORHOOD /OPEN SPACE PARK GRANT, FOR
FIELD SURVEY, TESTING AND WRITTEN DOCUMENTATION OF ALL
FINDINGS.
(Vice Mayor Russell) 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RELEASE THE SUM OF $12,200.00 TO OK TOURS,
INC. FOR THE SOUTH MIAMI GREY GHOSTS FOOTBALL &
CHEERLEADING TEAMS BUS TRANSPORTATION TO THE TURKEY
BOWL IN ATLANTA, GEORGIA, CHARGING THE DISBURSEMENT TO
ACCOUNT NUMBER 001- 0000 - 131.1000, "RECREATION TRUST
FUND" AND ACCOUNT NUMBER 001 - 0000 - 219.3500, "RECREATION
PROGRAM /ESCROW ACCOUNT.
(Mayor Robaina, Commissioners Bethel & Feliu)3 /5
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A LEASE AGREEMENT WITH ATLANTIC
TRUCK CENTER FOR THE USE OF A TRASH CRANE TRUCK TO BE
PAID IN FIVE ANNUAL INSTALLMENTS OF $18,697.23 STARTING
IN FISCAL YEAR 2000 -01.
(Mayor Robaina) 3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
FEES; APPROVING ATTORNEY'S FEES FOR NAGIN, GALLOP,
FIGUEREDO, P.A. IN THE AMOUNT OF $5,225.27 CHARGING
$639.20 TO ACCOUNT NO. 1500- 514 -3435, CONSULTING -REAL
PROPERTY /FORECLOSURE CHARGING $381.45 TO ACCOUNT NO.
608 -1910- 521 -3100, PROFESSIONAL SERVICES, CHARGING
$1,253.62 TO ACCOUNT NO. 1500 - 514 -3440, CONSULTING-
LABOR ATTORNEY, AND, CHARGING THE REMAINDER TO ACCOUNT
NO. 1500 - 514 -3410, LEGAL SERVICES -NON RETAINER,
PROVIDING AN EFFECTIVE DATE.
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
B. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE YEAR 2000
GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS
FOR GROUPS I, II AND III AND POSSIBLE CHARTER
AMENDMENTS; SCHEDULING THE DAY, PLACE AND TIME OF THE
ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES;
PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE
OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING
REGULAR CITY COMMISSION 2
AGENDA - November 16, 1999
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE. (1st Reading - November 2, 1999)
3/5
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO THE TRANSIT -
ORIENTED DEVELOPMENT DISTRICT
(TODD) ; AMENDING CHAPTER
20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE BY
REVISING SECTION 20 -3.1 TO
INCLUDE A DESCRIPTION OF
TODD, BY REVISING SECTION
20 -8.3 TO CLARIFY THE
CREATION OF TODD SUBCATEGORIES AND USES PERMITTED
THEREIN; BY REVISING SECTION
20- 8.9(D) TO CLARIFY THE
ALLOWABLE HEIGHT OF BUILDINGS
IN THE MU -5 SUBCATEGORY;
BY REVISING SECTION 20 -8.17
TO CLARIFY THE TWO STORY
HEIGHT LIMIT OF BUILDINGS
IN THE MU -4 AND LI -4
SUBCATEGORIES; PROVIDING FOR
ORDINANCES IN CONFLICT,
SEVERABILITY AND PROVIDING
AN EFFECTIVE DATE. (lot
Reading - November 2, 1999)
4/5
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS
REQUIRING PUBLIC HEARINGS; AMENDING CHAPTER 20 OF THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING
SECTION 20 -5.5 ENTITLED "APPLICATIONS REQUIRING PUBLIC
HEARINGS;" IN ORDER TO AMEND THE FILING SCHEDULE AND
REQUIRED SUBMITTAL ITEMS; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE. (lot Reading - November 2, 1999)
4/5
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING
SIGNS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS,
BY REVISING SECTION 20 -4.3 (K) (1) PERTAINING TO
REGULATIONS GOVERNING THE GRANDFATHERING OF
NONCONFORMING SIGNS; PROVIDING FOR ORDINANCES IN
CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. (lot
Reading - November 2, 1999)
4/5
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED
USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D)
ENTITLED, "PERMITTED USE SCHEDULE," IN ORDER TO ADD
QUICK PRINTING AS PERMITTED USES IN CERTAIN ZONING
DISTRICTS AND TO ALLOW ANIMAL HOSPITAL /VETERINARIAN AS
A SPECIAL USE IN CERTAIN DISTRICTS, AND BY REVISING
REGULAR CITY COMMISSION 3
AGENDA - November 16, 1999
SECTION 20- 3.4(B), ENTITLED "SPECIAL USE CONDITIONS,"
IN ORDER TO ESTABLISH CONDITIONS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. (lot Reading - November 2, 1999)
4/5
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN
DISTRICT OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING
SECTIONS 20 -7.1 AND 20 -7.2, IN ORDER TO CLARIFY THE
TITLE AND INTENT OF THE HOMETOWN DISTRICT OVERLAY, TO
PLACE THE OVERLAY ON THE CITY'S OFFICIAL ZONING MAP,
AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY,
INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF
THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES
IN CONFLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE. (lot Reading - November 2, 1999)
4/5
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO UNITY OF
TITLE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3
ENTITLED "DEFINITIONS" AND SECTION 20 -5, ENTITLED
"PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A
DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF
TITLE; BY REVISING SECTION 20 -3.7, PLANNING UNIT
DEVELOPMENTS, SECTION 20 -7.30 HOMETOWN DISTRICT OVERLAY
ORDINANCE, AND SECTION 20 -8.16, TRANSIT ORIENTED
DEVELOPMENT DISTRICT IN ORDER TO REQUIRE THE SUBMISSION
OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE. (lot Reading - November 2,
1999)
4/5
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE COMMUNITY
SERVICE (CS) OVERLAY ZONING DISTRICT; AMENDING CHAPTER
20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
REVISING SECTION 20 -9.3, ENTITLED "BOUNDARIES," IN
ORDER TO CLARIFY THAT THE CS OVERLAY ZONING DISTRICT
SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING MAP;
PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE. (lot Reading - November 2,
1999)
4/5
REGULAR CITY COMMISSION 4
AGENDA - November 16, 1999
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -3
TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE A
REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS
REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT
AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR RENUMBERING AND /OR
COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS
OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE
PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE. (Deferred from November 2, 1999)
4/5
RESOLUTION (S) HEARING
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO CHARTER AMENDMENTS;
PROPOSING AMENDMENTS TO CHARTER; SUBMITTING BALLOT
QUESTIONS TO THE ELECTORATE OF THE CITY AT THE GENERAL
ELECTION SCHEDULED FOR FEBRUARY 8, 2000; REPEALING
PROVISIONS IN CONFLICT; PROVIDING AN EFFECTIVE DATE.
3/5
RESOLUTION (S)
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND
DEVELOPMENT; REQUIRING CONCEPTUAL APPROVAL BY MAYOR AND
CITY COMMISSION OF USE OF CITY PROPERTY BEFORE
PROCESSING APPLICATION FOR DEVELOPMENT PERMIT;
PROVIDING AN EFFECTIVE DATE. (Deferred from 11/2/99)
(Commissioner Feliu) 3/5
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCIAL
AUDIT SERVICES, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AUDIT SERVICE CONTRACT WITH THE FIRM OF
RODRIGUEZ, TRUEBA & CO FOR THE PURPOSE OF AUDITING CRA
FUND FINANCIAL TRANSACTIONS.
3/5
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING APPLICATION
FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND
PROGRAM.
3/5
REGULAR CITY COMMISSION 5
AGENDA - November 16, 1999
ORDINANCE (S) FIRST READING
21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION
CAMPAIGN FINANCING; CREATING A NEW PARAGRAPH 8A -1(p) OF
THE CITY CODE OF ORDINANCES, ENTITLED "PROHIBITED
CAMPAIGN CONTRIBUTIONS BY VENDORS"; PROHIBITING
CONTRIBUTIONS BY VENDORS AND OTHER PERSONS ON BEHALF OF
VENDORS TO CANDIDATES FOR MAYOR OR COMMISSIONER OF THE
CITY OF SOUTH MIAMI; PROHIBITING CANDIDATES FROM
SOLICITING OR ACCEPTING CONTRIBUTIONS BY VENDORS OR
OTHER PERSONS ON BEHALF OF VENDORS; PROVIDING
DEFINITIONS, FINES AND FORFEITURE OF PROHIBITED
CONTRIBUTIONS TO THE CITY'S GENERAL FUND; PROVIDING FOR
RENUMBERING; SEVERABILITY, ORDINANCES IN CONFLICT AND
AN EFFECTIVE DATE.
3/5
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 COMMISSION
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
COMMISSION REMARKS
REGULAR CITY COMMISSION 6
AGENDA - November 16, 1999
CITY OF SOUTH MIAMI
TO: Mayor & Commission DATE: November 9, 1999
FROM: Charles D. Scurr SUBJECT: Agenda#
City Manager Commission eting
November 16, 1999
Professional Services
Open Space Park
REQUEST
The purpose of this memorandum is to recommend the approval of the attached
resolution to contract MC Harry Associates to provide professional services for
the renovation and development of Open Space Park, 6820 SW 64'" Ave., South
Miami.
BACKGROUND
The services provided by MC Harry Associates are the first step necessary in the
process of renovation and development of Open Space Park. These services
consist of Field Survey — Survey visible existing conditions of the building
envelope including walls, floors, roofs, doors, and windows. Testing - Non
destructive x -ray testing of exterior bearing walls at four (4) locations to verify
reinforcing. Report — A written report documenting findings and
recommendations.
MC Harry Associates is a reputable firm which in the past has provided the City
with timely and quality professional services. MC Harry Associates, Inc., is one
of three firms the City has on retainer and the best one dealing with structures.
The total cost for the proposed services is $4,310.00. Funds for this proposal will
be derived from the Safe Neighborhood/Open Space Park Grant. The Account
number is 001- 0000 - 131 -8010 and the available balance is $55,000.00:
RECOMMENDATION
Approval is recommended.
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Resolution No.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE
FUNDS OF $4,310.00 TO M.C. HARRY ASSOCIATES, INC., FROM ACCOUNT
NUMBER 001 -0000- 131 -8010, "SAFE NEIGHBORHOOD /OPEN SPACE PARK
GRANT ", FOR FIELD SURVEY, TESTING AND WRITTEN DOCUMENTATION OF
ALL FINDINGS.
WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for
purchases of items over $1,000.00; and
WHEREAS, M.C. Harry Associates, Inc., is one of three firms the City has on retainer;
and
WHEREAS, Their work was instrumental in the tremendous out come of Fuchs Park
project; and
WHEREAS, The services provided by M C Harry will consist of a field survey
reviewing existing conditions of the building, including walls, floors, roof, doors and windows
and providing a test with non- destructive X -ray testing equipment on exterior bearing walls at
four locations to verify reinforcing, and providing the City with a report documenting findings
and recommendations ; and.
WHEREAS, Services rendered will assist us in the renovation and development of the
Open Space Park located at 6820 SW 64TH Avenue, South Miami, Florida.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to disburse the sum of
$4,310.00 from account number 001- 0000 - 131 -8010, "Safe Neighborhood/Open Space Park
Grant ", for payment to M.C. Harry Associates, Inc.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of November, 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Open Space Park MC Harry Anodates Services `99
MCHARRYASSOCIMES a
• a
z
a
a
ea
October 27, 1999 g
W
W
Mr. Doug Baker a
Public Works Department C
City of South Miami W
4795 SW 75th Avenue
South Miami, Florida 33155 W
t
Re: Passive Park Ir
6820 SW 64th Ave
South Miami, Fl co
Fee Proposal Cn
0
0
Dear Doug: co
MCHarry Associates is pleased to submit this lump sum proposal in the amount of four thousand three o
hundred and ten dollars ($4,310.00 for your review and approval. This proposal addresses services
related to the survey and inspection of Q
the existing one story structure located at 6820 SW 64th Avenue.
The deliverables shall consist of a written report that documents our analysis of the feasibility to
renovate the existing house into a multi -use park pavilion. Drawings documenting the existing building
are not included in this fee proposal. o
Please note that the survey and subsequent report provided by MCHarry and associates shall not be
misconstrued as a guarantee for the building. ti
M
This fee proposal assumes that only the existing shell will be analyzed and not the existing utilities.
C>
0
Task 1 - Field Survey
Survey visible existing conditions of the building envelope including walls, floors, roofs, doors, o
and windows.
Task 2 — Testing
Non - destructive x -ray testing of exterior bearing walls at four (4) locations to verify reinforcing. o
Task 3 - Report
A written report documenting findings and recommendations
Please acknowledge City review and acceptance of this proposal by signingg one of the two original
copies of this document. Keep one for your files and return the other to MCHarry and Associates.
Thank you for the opportunity to serve the City of South Miami.
Sincerely,
MCHarry & Associates, Inc. City of South Miami
6homas M. Carlson, A.I.A. Charles Scurr
Principal City Manager
■
Exhibit A AMENDMENT I
South Miami Open Space Park
To renovate a building and equip a small, open space park.
BUDGET ITEMS FY 97 -98 FY 98 -99 FY 99 -00 TOTAL
ISSUANCE OF BONDS* 550
PLANNING* 1,000 1,000
DESIGN* 6,000 -� 6,000
PROJECT ADMINISTRATION** 9,350 9,350
LAND /BLDG ACQUISITION
CONSTRUCTION
Building Renovation 30,000
F 77
Construction contingency
TOTAL CONSTRUCTION 30,000 30,000
ART ALLOWANCE (For Metro-Dade only)
FIXTURES, FURNITURE, EQUIP 8,100 ' 8,100
OTHER COSTS
1
PROJECT CONTINGENCY
EXPENDITURE TOTALS 55,000 L.� �� 55,000
A REDUCTION WAS MADE TO REFLECT ACTUAL COST FOR PLANNING.
MONEY WAS APPROPRIATED FOR DESIGN AS A RESULT FROM PLANNING.
ALLOCATION OF MONIES TO COVER FOR PERSONNEL ADMINISTERING THE PROJECT
THIS LINE ITEM WAS REDUCED TO RE- DIRECT MONIES FOR UNAPPROPRIATED'
EXPENDITURES.
The cost of issuance of bonds for each year must equal 1 % of the expenditure total for that year.
The combination of planning, design and project administration costs cannot exceed 17 %.
"' The project contingency may not exceed 15% of the total grant request.
CITY OF SOUTH MIAMI
TO: Mayor & Commission DATE: November 9, 1999
FROM: Charles D. Scurr SUBJECT: A g enda# �r_ City Manager 004 Commission Meeting
November 16, 1999
Bus Transportation
REQUEST
The purpose of this memorandum is to recommend the approval of the attached
resolution for the cost of transportation to Atlanta, Georgia for the Parks &
Recreation's South Miami Grey Ghosts football teams, coaches and cheerleaders.
Our teams, associated with the Pop Warner League, would like to participate in
the traditional Turkey Bowl Football games, which will take place on November
24-27,1999.
BACKGROUND
Last year the City of South Miami hosted the Turkey Bowl for teams from
Atlanta's Dekalb County Pop Warner League. It was a tremendous success and
judging from the feedback we received from our Atlanta colleagues, it was an
experience that the participants will cherish for many years.
The boys and girls in our football program, assisted by coaches, parents and
volunteers have worked hard at numerous fundraisers and in the solicitation of
financial support from local merchants and individuals. Most of these young
people have not traveled outside of Miami -Dade County or even Florida. For
many of them this represents an opportunity to expand their horizons and learn
from this valuable experience, while being "Goodwill Ambassadors" of the City
of South Miami.
The funds for this purchase are coming from donations received by the
solicitations of local merchants and individuals made by players, coaches, and
staff, as well as numerous fundraisers conducted by them. The total cost of
transportation is $12,200.00 for OK Tours, Inc. Funds for this proposal will be
derived from Account Number 001 - 0000 - 219.3500, "Recreation Program Escrow
Account" and Account Number 001 - 0000 - 131 -1000, "Recreation Trust Fund".
OK Tours Inc., is the lowest bid per seating capacity. Example: OK Tours Inc.
provides us with 59 passenger seats, Millennium provides us with only 58 seats
and Quality with 56 seats.
RECOMMENDATION
Approval is recommended.
Atlanta T—p Memo
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Resolution No.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE
THE SUM OF $12,200.00 TO OK TOURS, INC., FOR THE SOUTH MIAMI GREY
GHOSTS FOOTBALL & CHEERLEADING TEAMS BUS TRANSPORTATION TO
THE TURKEY BOWL IN ATLANTA, GEORGIA, CHARGING THE
DISBURSEMENT TO ACCOUNT NUMBER 001- 0000 -131 -1000, "RECREATION
TRUST FUND" AND ACCOUNT NUMBER 001- 0000 - 219.3500, "RECREATION
PROGRAM/ESCROW ACCOUNT ".
WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained
for purchases of items over $1,000.00; and
WHEREAS, The City of South Miami Parks & Recreation Grey Ghosts Football &
Cheerleading teams have been asked to participate in the Turkey Bowl event that will be held
in Atlanta, Georgia from November 24, 1999 and returning on November 27, 1999; and
WHEREAS, The City of South Miami Parks & Recreation Department has received
three bids from the following vendors:
Quality Bus Service $ 12,200.00 56 Seats
OK Tours, Inc. $ 12,200.00 59 Seats
Millennium Bus Service $ 12,000.00 58 Seats
WHEREAS, Okay Tours, Inc., can provide a 59 passenger bus, totaling 236 seats
compared to the other bus services that have less capacity; and
WHEREAS, Through hard work and dedication, the Football & Cheerleading
Teams have successfully completed all requirements to attend this special event, and
WHEREAS, This event will give the "City" and participants National coverage;
and
WHEREAS, This bus company would not only provide bus transportation but
would stay with the team during the entire time while in Atlanta, Georgia and transport
them back home.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order be awarded to OK Tours, Inc., for
$12,200.00 to take the South Miami Grey Ghosts Football & Cheerleading team
to Atlanta, Georgia, and releasing the funds from account number 001- 0000 -131-
1000, "Recreation Trust Fund" and Account Number 001- 0000 - 219.3500,
"Recreation Program/Escrow Account ".
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Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of November, 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Atlanta trip transportation `99
MAYOR
OIL TOURS 9 Inc. Travel With Distinction
FAX TRANSMISSION
Date: Wednesday, November 10, 1999
To: Vincent DECARIA
Company: CITY OF SOUTH MIAMI
From: Jean - Michel '1'141RION
Number of t)age(s): 1 (incWing the cover page)
PROPOSAL
GROUP:
DATE OF SE] November 24 to November 27, 1999
NU117Q9R CIF PAX: rBA
TYPE O_F EQUIPMENT: ` Four New European Motor Coaches, 59 seats
SERVICE; 4 days charier, round trip Miami to ,Atlanta
drivers per Motor Coach
AMOUNT
$ 3050.00 per bus
$ 12200.00
DEPOSIT / DUR ON
BALANCE I DUE ON
$ 1 2200.00 due prior departure
The above price doesn't include driver's room and gratuities.
Ip case of Emerzencv:
- We have a Network of Road Assistance provide by Setra .1Cassbohrer of North America (The Motor Coach's
manufacturer), all over the united States of America and Canada.
If the equipment can not be repaired in less than 8 hours, an equivalent Equipment will be send in replacement.
- All our drivers have cellular phone an radios and can be in contact with our Office, 24 hours a day.
Note: VCR's and STEREOS are standard equipment at no additional charge.
PLEASE RETURN AFTER SIGNING FOR PROPER CONFIRMATION
CUSTOMER DATE RS, IhiC.
998 South Military Trail + Deerfield Beach, FL 33442 + Tel.: (954)- 42045060 + EMj; (954)- 420 -0807
Miami. (305)- 672 -9575 ' Orlando: (407)- 354 -0008
.111illennium el1lotorcoaches, Inc.
95 NORTHWEST 23 u STREET • MIAMI, FLORIDA 33127 -4492
TFL-30 -576- 5500 „+ Tc71,1, FRET -1 -- 800_874 -7935 FAX -- 305_573.8880 _
November 10, 1999
Mr: Vincent de Cria.
The City of South Miami � 'Park & Recreation Department
6130 Sunset drive
South Miami, Florida 33143
Clear Vincent,
With the turn of the century less than a year away, a new bus company is born to facilitate the
needs of the new age. We would like to introduce. , , ..
MILLENNIUM MOTt RCOA HE , INC.
Operating in association with FLORIDA, EXPRESS BUS LINES, INC., Mr. Manny Cannon has
created MILLENNIUM MOTORCOACHES, INC, in order to provide an enhanced quality of service
and luxury transportation for passengers.
MILLENNIUM MturoRCOACHEF, INC, has composed a fleet of the finest deluxe motorcoaches
such as the world renowned P1RZVOST H3 -45. Millennium's rnotorcoacheg have been fitted for a
seating capacity of 58 passewcrs and one tour ,guide jump seat, Millennium's motorcoaches
allows passengers to en deluxe amenities such as a panoramic view, kneeling suspension
system, 470 cubic feet of underfloor storage capacity, six monitor video system, integrated
sixteen speaker HI -FI audio system, dual PJ.A, systems, full fabric interior, reclining seats with
folding armrests, and restroom.
Effective Febtuary 17th, 1999, mIT,,t,FNN1um MoToitc'oA+cHEs, INC. will be happy to make our
new fleet available to till all your transportation needs locally and out of town charters to any
destination within the continental United States.
For all out of state services, two drivers will be provided for each matorcomeh. In the wont that
veblcles from MILLENNIUM MOTORC OAC:HES, INc. are unavailable, we shall substitute services
with another company with the same duality of service and the same amount of insurance
coverage. These shall include: Vlorida Express Bus Lines, Inc,, American Bus Lines, Inc. -
Coach USA, Mears Transportation Croup, Inc, or other similarly qualified company.
Tha ,
in accordance with our conversation i am sending you
Manny Cannon t:ho price for 4 millenniums coaches .eQ the price
PRf? [I >►:r�t, of $ } 2. 000 th tha.nkri for your c onsideraLion
c.;inc oriy willa d q0, •-V general manager.
QUALITY �1,RAIV►SPORT
S'E 1'z VIG'E�5', INC',
650 N.W. 27th Avenue
1,ort Lauderdale, FL 33.311
Ter: (954) 791.Z59�
rax: (954) 791
(800) 410 -TOUR (8687)
DATE: NOVEMBER 4, 1999
TO: ANNA GARCIA
CITY OF SOUTH MIAMI
C �
FROM: LOUIS HERRING
GENERAL MANAGER
VIA FAX: 3 05.669.1266
FERSUANT TO OUR TELEPHONE CONVERSATIONo I WOULD LIKE
TO BRING THE FOLLOWING POINTS TO YOUR
PLEASE REVIEW THEM AND IF YOU SHOULD HAVE ANY COMMENTS OR
QUESTIONS, PLEASE DO NOT HESITATE TO CONTACT ME.
1) TWO(2) DRIVERS WOULD BE SENT IN ORDER TO COMPLY WITH
D. O.T. REQUIREMENTS.
2) WE HAVE COMPANIES IN THE ATLANTA AREA THAT WE USE AS
SUBCONTRAC'T'ORS IN THE EVENT LATE MODEL NOTES HAVE
MECHANICAL DIFFICULTIES, SO THAT OUR
INCONVENIENCED.
3) OUR LEAD DRIVER ON EACH VEHICLE IS FAMILIAR WITH THE
ATLANTA AND ITS ENVIRONS.
4) EACH DRIVER WILL HAVE A CELLULAR PHONE AND ACCESS TO
MANAGEMENT 24 HOURS A DAY. OUR DISPATCH IS AVAILABLE
24 HOURS TO THE Cj_IENT & DRIVER.
5) QUALITY HAS EXTENSIVE EXPERIENCE IN PROVIDING LONG
DISTANCE, OUT OF STATE CHARTERS.
6) QUALITY IS NOT A DISCOUNT OPERATOR. OUR DRIVERS ARE
NOT INDEPENDENT CONTRACTORS, BUT QUALITY EMPLOYEES.
WE PROVIDE WORKER'S COMPENSATION AND PROCESS ALL THE
PAYROLL TAXES.rE ARE A DRUG -FREE WORKPLACE, FOLLOWING
THE FEDERAL GU�iDTrLINES OF PREEMPLOYMENT AND RANDOM
TESTING.
THANK YOU FOR YOUR INTEREST IN QUALITY TRANSPORT SERVICES.
PLEASE CALL SHOULD YOU HAVE ANY QUESTIONS OR CONCERNS.
WE LOOK FORWARD TO PROVIDING YOUR GROUP WITH THEIR
TRANSPORTATION, NEEDS.
... ............................... . ...............................•....................................... ..................•............ .........
------.----..----.--.---_-----.--.-----....'-..-----.-.--_-----.----.--_.----.---------.��
FROM : QUALITY TRANSPORTATION PHONE NO. : 954+7912591 Nov. 09 1999 12:05PM P2
`|
TRANSPORT
SEMVIC£S
`
65o WW 27TH AVENUE
�0N9 (954) 791-a505
FORT LAUDERDALE ��UDEH�AE FLORIDA 33311 FAX<9:54>
_
79J-2591
J_IENTWITY OF SOUTH MIAMI
RESERVATION # :
16914
6130 SUNSET DRIVE
'
MIAMI.
FL 30143
RESERVATION DATE :
11/09/99
AWN :ANNA BARCIA
RESERVATION AGENT:
'� aimye
PHONE :(300663-6319
FAX:(305}669-1266
BepVic/e% Begin On:
NOV 2471999
Services End On
NOV 27,1199
#BUSEB:4 *PASSENGERS:
56 *M0VESi4DY5
GROUP LEADER:
#DRIVER ROOMS: VCR:
RE@TR8OM:
PRICE PER BUS u$
2,010.00
DEPOSIT OF $ l2,2069°00
DUE :NC}V 12,1599
BALANCE DUE 8YWOV
W1999
--~_____--~______~~-_______-~-_____~--_____-~--______~~___-~_--__-~-~____-~~_-_
ITINERARY FORM OF
'YMENT:GCHECK
P.O. NUMBER
.__-____~--_______~-~-_____----_____~~-______---______~-_____---~___--_-___~--__
)ATE SERVICE:1/4 ATLANTA
TIME: 8:00 PRICE
v ******
1/24/99 PICKUP WITY OF
SOUTH MIAMI CITY HALL BUSES
x 4
6130 SUNSET DRIVE
'
%IE5S TO
US1 SUNSET 1}R 72ND
BT TURN RIGHT
1 BLOCK
CITY HALL
DE(S"TIN - ATLANTA., GEORGIA
SUBTUT: 30t0-00
NOTES : TOW :********
------------------------------ _-------------------------------------------------
TIME; : F��%��E : 0 00
DATE ��ERVICL:��/4 ATLANTA. ~
11/25/91 PICKUP :ATLANTA, GEOR804 BUSE�� : 4
DE8TIN :ATLANTA, 8EOR(�IA
SUBTOT: 0.00
TOTAL : 0.00
NOTES � � ~
~--_______--~~___-____~--_____---~~_____-~-_____________________-_____
DATE 8ERUICE0/4 ATLANTA TIME; PRICE u 0.00
�
11/��6/99 PICKUP :RTLANTA, 8EOR8IA BUSES +
^ DE8T2N :ATLANTA, BEDR8IA
SUB"WT: 0,00
E
� o0
PRIC : .
4
S£HVICE:4/4 BEORGIA
7/�9 PICKUP �A'\LANTA�
0.00
DESTIN OF SOUTH MIAMI CITY HALL
,5130 SUNSET DRIVE
AL 00
��~��~~-------- ~--------^~��~-- $ 12 20� 00
-------- ------�~~~^���� �HAR� � °
-----����-- @ 00
^~---------- p� PAII} $ .
$ (b ~ 00
PAY
REFUND t 0~00
$ @ 0m
D
ISCOUN1' ^
-�� AMOUNT D4C $ 124200.�0_
THANK YCJU |
------�~~���— i�� ��89OD*��^
�Ry��� «
-------- �u�u�n�� � ,~,~ __
kmtwd is wubi#rt to f'nm, �nn �� of $ �"°'~r` — ' `
,-6/ to avoid �ncel0m 4*"*' � �f $ 40°NN pletion of trip OR
in order. to On clodations. *Paylett I WVA Prior to departure.
s say apply if trip 0909109 ccut
DATE
� IENT SI8NAlUx� y Q U W I T H H
�� V I %) % N G E � I E � E
W � L O O K � C) � R A N B p O � � A T I O N � X P N
QUALITY 'T
—.,--.------.--.—
--- '
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission
FROM: Charles D. Scurr
City Manager
REQUEST
TE: October 19, 1999
SUBJECT: Agenda Item#
Trash Crane lease
The attached resolution seeks authorization to enter into a lease agreement for a trash
crane truck to used in the daily trash collection service. The proposed lease is for a five -
year period at a total cost of $79,996.00
BACKGROUND
The five -day per week trash pickup service requires the deployment of two trash crane
trucks each day. A spare crane is indispensable to address equipment breakdown. As a
result, the operation requires that three trash crane trucks be available. At present, one of
the front -line cranes is approaching its sixth year of use. This crane has nearly reached
the end of its useful life as a daily, front -line piece of equipment.
Compounding the above situation is the fact that the spare or "backup" crane is 12 years
old, and no longer can be relied upon for use during a string of consecutive days when
necessary. For the trash collection service to endure minimum interruptions, the older
front -line crane needs to be converted to a spare crane and replaced with a new crane.
ANALYSIS
The five -year lease will be paid in arrears with one annual payment. The annual payment
will be in the amount of $18,697.23 for a total amount of $79,996.00 through the lease
period. The crane may be purchased by the City for the amount of $1.00 at the end of the
lease period.
The above lease terms are based on the 1998 -99 State Contract no. 070 - 700 -230. The
amortization rate in this lease is 5.43 percent.
\continued...
Since the payments are in arrears, no disbursement on this lease will be made until
Fiscal Year 2000 -01. Funding for this expenditure will be provided in from an account
which will be created and funded for the coming f scal year.
CONCLUSION AND RECOMMENDATION
Our goal to maintain a high level of trash collection services requires that a new trash
crane be leased. The recommended lease program defers the disbursement to the next
fiscal year while benefiting the City almost immediately by having the equipment
available in the next 30 to 90 days.
Approval is recommended.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY
5
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
6 FLORIDA, AUTHORIZING THE CITY MANAGER TO 7 ENTER INTO A LEASE AGREEMENT WITH 8 ATLANTIC TRUCK CENTER FOR THE USE OF A 9 TRASH CRANE TRUCK TO BE PAID IN FIVE 1 ANNUAL INSTALLMENTS OF $18,697.23 STARTING
11 1 IN FISCAL YEAR 2000 -01."
12
13 WHEREAS, the City's daily trash collection service requires the deployment of
14 two trash cranes, and;
15
16 WHEREAS, one of the cranes has reached the end of its useful life as a front -line
17 piece of equipment, and;
18
19 WHEREAS, the replacement of this crane will allow Public Works to continue to
20 provide a highly reliable trash collection service by improving the reliability of the
21 equipment, and;
22
23 WHEREAS, the Public Works Department has identified a favorable equipment
24 lease program based on a State bid.
25
26 NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY
27
28 COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA:
29 Section on 1. A five -year lease contract with Atlantic Truck Center based on annual
30 payments of $18,697.23 to be paid in arrears has been identified based on State Contract
31 No. 070-700-230.
32
33 Sect_ The City Manager be authorized to make the first of five payments in
34 during fiscal year 2000 -01 to Atlantic Truck Center.
35
36 Section 3. That this resolution shall be effective immediately after adoption.
37
38 PASSED AND ADOPTED this 19th day of October, 1999.
39
40 APPROVED:
41 ATTEST:
42
43 MAYOR
44 CITY CLERK
45 READ AND APPROVED AS TO FORM:
46
47
48 CITY ATTORNEY
49
50
51
52
C9/01/99 13:57
C ,P; at, iMBCC - Nations! Truck Office
I _ Municipal Lossa Quota
543%
City of $auth MiamilAftntic Truck CsnMr /dp
1 twation &C .duce
000@1
B�eg�n
WO M,A Payrtwnts Interest
$79,99lf.00
Cosh Flaw
09/15/1989
($79,996.00)
1 09/15/2000
$15.697.23
2 08/15/2001
$18,697.23
3 09115/2002
sta,697.23
09/15/2003
$18,607.23
a 08/15/2004
$16,597.23
000@1
B�eg�n
WO M,A Payrtwnts Interest
$79,99lf.00
$18,597,23
4,343.7$
385,642,55
$18,69723
3,564.39
$0,600.71
:18.11';/7.23
2,742.68
$34,555.15
318,697.23
1.876.34
$17,734.26
$18,587.23
982.97
7
N0.969 P005r709
P?IJS,
513.10ON4 IV13US Z VOMOC4 TYj NC:60 86- YC 40
2b0E4
Ending
Principal
Flalanaa
14,363.46
$65,542.55
15,132. 84
350,509.71
15,964.66
$34,555.15
16,820,89
317,734.26
17, 734,26
$0.00
513.10ON4 IV13US Z VOMOC4 TYj NC:60 86- YC 40
2b0E4
S T E R L I N G T R U C K S
Time: 9:53 AM Page 1 of 1
05/05/1999
ATLANTIC TRUCK CEN'T'ER CITY OF SOUTH MIAMI
2565 W. STATE RD,84
FT. LAUDERDALE FL 33312
1-954- 587 -8220 Fax: 1- 954 -797 -9720
QUOTE ID: 230/33
NO. OF UNITS: I
S U M M A R Y Q U O T A T I O N
{ Price Level = 901 Model Year = 1999 Version = v3.03U.1.0 )
Model ............................. 101" BBC Mid -Range 4X2 (L8501)
Wheelbase ........................... WB-153 CA=84 AF-39 OAL -224
Engine ................... Cat 3126 Electronic 210 HP 2500 RPM
Transmission Allison MD3060CR -P 6 -Speed Electronic
Front Axle ...................... ........... 12000 lb Front Axle
Rear Axle 21000 lb Rockwell RS -21 -145 Steel 1S
Axle Ratio 6.14
Paint ........... ............................. Special White
GAWR: Front: 12000 /Rear: 21000 GVWR: Frame: 39000 /Total: 33000
Total Weight .. Front: 6553 /Rear: 3946
Total Equipment Price (Excluding Taxes and Title) ............. 79996
Net Trade Allowance ................ ............................... 0
Total Price to the Customer .......... ........................#79996
COMMENTS: 1998 -99 STATE C014T'RACT #070 -700 -230
THANK YOU FOR THE OPPORTUNITY To FULFILL ALL YOUR TRUCK NEEDS.
i
S T E R L I N G T R U C K S
Time: 9:53 AM Page 1 of 6
05/05/1999
ATLANTIC TRUCK CENTER CITY OF SOUTH MIAMI
2565 K_ STATE RD.84
FT. LAUDERDALE FL 33312
1 -954- 587 -8220 Fax: 1- 954 -797 -9720
QUOTR ID: 230/33
NO. OF UNITS: 1
E Q U I P M E N T D R T A I L
( Price Level a 901 Model Year 1999 Version V3.03U.1.0 1
DESCRIPTION
101" BBC Mid -Range 4X2 (L8501)
AA Vehicle Type
Veh Des, Truck
Veh Ser, do /Off Highway
Veh App, Utility Service
Terrain, Max 10% Off - Highway
Rd Surf, Broken Concrete
W9 Wheelbase
WB=153 CA =84 AF-39 OALu224
40 Frame
15.9 SM 120,000 PSI Sgl Channel
Frame Ends, Rear Square Cut
Huck Fasteners, Frame Delete
30 Engine
Cat 3126 Electronic 210 HP 2500 RPM
56 Transmission
Allison MD3060CR -P 6 -Speed Electronic
11 [tear Axle
21000 lb Rockwell RS -21 -145 Steel 1S
Axle Ratio 6.14
10 Front Axle
12000 lb Front Axle
46 Front Suspension
12000 lb Capacity Multi -Leaf, 5411 Spread
S T E R L I N G T R U C K S
Time: 9:53 AM Page 2 of 6
05/05/1999
QUOTE ID: 230/33
NO. OF UNITS: I
t Price Level = 901 Model Year - 1999 Version - v3.03U.1.0 )
DESCRIPTION
47 Rear Suspension
21000 lb Cap. Multi. -Leaf Normal Ride 46"
Rear Suspension Auxiliary, Single Leaf
16 Brake
Air Brakes Front Cam 15" x 4"
Air Brakes Rear Cam 16.51, x 7"
43
Fuel Tank
Steel, 55 Gal RH Rect Tank, Shallow
44
Fuel Tank Equipment
Fuel Tank(s) Forward Mounted
Fuel Tank Steps, Cab Length
32
Exhaust System
Horiz Muffler & Horiz Outlet, RH ,
29
Batteries /Boxes /Cables
Batt 2, 65 Amp 600 CCA Motorcraft Grp 24
Battery Box LH Under Cab, Std Weight
13
Axle 'Equipment /Driveling
Axle Lube, Synthetic 75W90
Brake Drums, Full Cast, Front
Brake Drums, Full Cast, Rear
Kingpin Bushings, Front Axle, Bronze
Differential(s),Main,Non- Locking
Drag Link & Tie Rods, Greaseable
Hubs, Front, Ductile Iron
Hubs, Rear, Ductile Iron
Magnetic Traps, Rear Axle, Drain & Fill
Power Steering
Shock Absorbers,Front Dbl Act Telescopic
Wheel Seals Front, Wet Type, Oil
Wheel Seals Rear, C.R. Scotseal
Wheel Seal Lube - Frt, Synthetic SOW
Time: 9:53 AM
S T R R L I N G
T R U C K S
QUOTE ID: 230/33
NO. OF UNITS: 1
Page 3 of 6
05/05/1999
Price Level = 901 Model Year = 1999 Version = v3.03U.1.0 )
DESCRIPTION
19 Brake Equipment
ABS, Antilock Brake System, Full Vehicle
Air Comp, 13.2 CFM Bendix Tu -Flo 550
Air Dryer, Wabco System Saver 1200 Htd
Air Reservoir, Steel
Brake Dust Shields
Moisture Ejectors Non -Htd Bendix Auto
Parking Brake, Maxi 11 (2 Wheel)
Slack Adjusters Front Auto Gunite 5.5"
Slack Adjusters Rear Auto Gunite 5.5"
50 Front Tire Size & Mfg
Tubeless Radial 11R22.5 -14 12,080
Goodyear Unisteel C159A
52 Front Wheel
Disc IOU Steel 22.5x8.25 ISO
51 Rear Tire.Size & Mfg
Tubeless Radial 11R22.5 -14 21,200
Goodyear Unisteel G159A
53 Rear Wheel
Disc 109 Steel 22.5x8.25 ISO
22 Cab
Steel Cab, Value Int Trim, Med Graphite
23 lxterior Cab Equipment
Grille, Painted
Tilting Hood, Fiberglass
Horns,Dual Electric
Mirrors Dual Western, Bright
Mirrors Convex, Dual 5.5" Bright
Mirror Arms, 96"
Rear Window, Fixed, Solar Tinted
Door Vent Windows, Solar Tinted, LH & RH
Windshield & Side Glass, Solar Tinted
Windshield Wipers, Interval, Electric
S T E R L I N G T R U C K S
Time: 9:53 AM Page 4 of b
05/05/1999
QUOTE ID: 230/33
NO. OF UNITS: 1
( Prince Level = 901 Model Year = 1999 Version = v3.03U.1.0 )
DESCRIPTION
24 Interior Cab Equipment
Air Conditioning
Cigar Lighter Dash Mounted
Floor Mat, Full Vinyl
Heater, Defroster /Demister & Fresh Air
Radio Electronic AM /FM Stereo
Dome Light, Center Mounted
Steering Column, Stationary
Steering Wheel 18" Diameter
Sun Visors LH & RH
25 Seating
Seat Belts Driver, Lap & Shoulder, 3 Pt
Driver National Mid -Back Fixed Base
Two Passenger National Fixed, Non - Adjust
26 Inst /Gauge /Switch /wrn Dev
Air Cleaner Mtd Restriction Indicator
Hobbs Eng Hour Meter Oil Press Activated
Gauges, Electronic Cluster
Gauges RH Control Panel, Flat Gauge
Parking Brake Control Dash Mounted
Turn Signal Switch, Self - Cancelling
warring Light & Buzzer - Air Brakes
Guages- Temp - Transmission
27 Electrical
Circuits, Customer Access, IP Fuse Panel
Circuits, Access Circuits Connector
Circuit Protectors, Fuses
Flasher Emergency
Running Lights, U.S. Daytime
Lights Cab Marker, (5 Lights)
Taillight Mounting, Inside Frame Rails
Turn Signal & Side Marker Combo Lamps
28 Alternator
Alt 100 Amp Delco Internally Regulated
S T E R L I N G T R U C K S
Time: 9:53 AM Page 5 of 6
05/05/1999
QUOTE ID: 230/33
NO. OF UNITS: 1
t price Level = 901 Model Year � 1999 Version = v3.03U.1.0 )
DESCRIPTION
37 Engine Equipment
Air Clearer, Donaldson Single Stage
Air Intake Heater
Air Intake Source, Outside Air
Engine Mounts, Compression Type
Engine Shutoff (Solenoid), Ignition Key
Fan Clutch, Eaton Viscous
Fuel Filter, Engine Mtd Cat IR0751
Oil Filter,One 2.6 Qt. Fleetguard LF3000
Oil Filter, Engine Mtd 1 Gal Cat 1R0739
Fuel Pump, Electronically Controlled
Fuel /Water Separator, Fleetguard Non -Htd
Governor, Electronic
oil Cooler, integral
Silicone Hose Package
Starter, Delco 12 Volt
Starter Interlock, Clutch Pedal Actuated
Radiator, Nominal Cooling
SC Paint, Solid Color
Special White
57 Transmission Equipment
Floor Mounted Lever Control Console
Transmission Rear Support
59 Chassis Equipment
Bumper Flat Full Width Painted Steel
Tow Hooks Front
Dealer Installed
1- PRENTISS MODEL F -90 REAR MOUNT
TRASH GRAPPLE, 20SW -20" GRAPPLE, FULL
DECK AND FENDER COVERS, SWIVEL
OPERATOR SEAT, BACK OF CAB OPENED AND
PLEXI GLASS COVER, ROTATING BEACON,
PAINTED WHITE
i
S T E R L I N G T R U C K S
Time: 9 :53 AM Page 5 of 6
05/05/1999
QUOTA ID: 230/33
NO. OF UNITS: I
t Price Level = 901 Model Year = 1999 Version = v3.03U.1.0 )
DESCRIPTION
FREIGHT CHARGE
Fixed Chassis
HN80 NEW VEHICLE WARRANTY, ON -OFF HWY
-tRAS# CP-jW C
LEASE COST OPTIONS - HEAVY EQUIPMENT
Based on one annual payment; $1.00 buyout at end of lease period
3 -YR.
LEASE
OPTION
PURCH. ARREARS
PRICE I ADV. PMT. PMT.
TRASH DUMP $58,870
TRUCK (25 C.Y.)
REQUESTED IN FY 99 -00 BUDGET
TRASH CRANE $79,996
REQUESTED IN FY 99 -00 BUDGET
GARBAGE $90,000
TRUCK
(NOT REQUESTED
IN FY 99 -00)
SCHOOL BUS $62,500
40 PAX; A/C
(PARKS & RECR.)
INTEREST RATE
$20,980 $22,100
$28,026. ($29,554.'
$31,530 $33,230
5 -YR.
LEASE
OPTION
ARREARS
"E
$131250 $13,990
$17,70&, $18,01
23
$19,920 $21,030
VERY SIMILAR TO TRASH TRUCK ABOVE
5.19% 5.29% 5.33% 5.43%
Add o
art
fn
t
A
ET- ? -99 THU 11:59 AM GEORGE�EI,LISON FAX NO,
10/07 /99 11;33 FAX Ef3043M72 51t' IAL FRUUUCI'S
• MBCC - National Truck Offico
Munlelpal Lease Quote
Contract Date
Contrgot Term
1 401 8613849
City of South Miami /Atlantic Truck Center /dp
Psyments In Advance
�nnuel Payments w11h�
duyaut
September 1999
3 Years
Rate Float to Contract Date
based on 3 Year U.S. Treasury
3 Year Treasury 6.68%
Plus 1 (Minus). - 0,89 °l0
MunlCIPAI Loaea Rate on 08131/99 i 5.19%
L
K+:lU14iUJ.r
Payments In Armor:
C'Annual Payments with /
Buyout
Saptemger 1999
3 Years
interest trite for deliveries or r
contrsctrr prof'unded within
thirty days
$20,976.66
{- _ ---. Paym*nt rector -- 0.35033 .
5,88%
-0.69%
5,29%
5.28°,6
$22,108.08
0.36921
E Q U I P M E N T I N F 0._ R'__M_ _A T _I —0--ti
Truck
,h. Complativn of mutually occeptable documentation.
Qua jst- t}Bliyou cc eo Cook
1
$5ri,9T4
A rsview of the proposed essential use of the equipment and a final credit approval prior to funding.
No material adverse change in the financial condition prior to funding.
Receipt of a copy of the last years' audited financial statements and the current year budget,
3. No change in Federal or applicable state or local lox law, regulations, case law, rulings, or cthoe
Interpretations by the Internal Revenue Service that would affoot adversely any Federal, state or
local tax benefit assumed in determining the above proposal,
6. That the Interest portion of the payments to be made under the Lease - Purchase agreement shall be exempt
horn Federal income taxes under section 103 of the Intemel Revenue Code,
Dealer Fee as a per cent of Amount Financed
0.26% 1
Im ...�..t
T- r -I'�{ Tni�T 1 Ou P1vi
u h ")RGE -ELL1
S0K P�.�: H. 1 4i�7 $b2384J
P. 5
lU /U7 /N8 11: 5 YA3 UUU400001L
brtt LAL CRVU0.14
WUVA, Iv ++
MBCC • National Truck Office
C� RAfS�4`
Municipal Lease Quote,
Char of South Miami /Atlantic Truck Centerldp
Amortization Schedule
Cash Flow
Begfining
Balance Interest
POncipal
Ending
Balance
09/15/1889
($79,99$.04}
1 09/15/2000
$29.534.98
$79,896,00 $29,534.98 4,231.79
26,303.19
$54,692,81
2 09/15/2001
$29,534.98
$64,892.61 $29,334.98 2,893.28
20,841.73
$28.051.08
3 09115/2002
$29,534.98
$28,051.06 $29,534.98 1,483.90
28,051.08
$0.00
A,LJ*A)Q ` 21 02S .00
CITY OF SOUTH MIAMI
® INTER - OFFICE MEMORANDUM
To: Ronetta Taylor Date: November 10, 1999 7
From: Earl G. Gallop Re: Nagin Gallop Figueredo, P.A.
Statement for Professional Services
Enclosed are our billing statements for the month of October. Please distribute to the
mayor and city commission and place on the next agenda. Thank you.
i
I
NAGIN GALLOPFIGUEREDO`'`
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351
November 9, 1999
Mr. Hakeem Oshikoya
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: STATEMENT FOR PROFESSIONAL SERVICES
City of South Miami
Dear Mr. Oshikoya:
Enclosed are our statements for professional services rendered and for costs advanced for the
period ending October 31, 1999, in the amount of $5,225.27. I tabulated the amounts due on each
individual file as follows:
0022 -002 Real Estate
0022 -008 Wascura v. CSM
0022 -023 Parking Garage Contract
0022 -027 Bruce v. Code Enforcement Board
0022 -030 Jhuboolall v. CSM
ProfI Services
Disbursements
Total Due
Prof 1 Services
Disbursements
Total Due
ProfI Services
Disbursements
Total Due
Prof 1 Services
Disbursements
Total Due
Prof 1 Services
Disbursements
Total Due
$ 0
0
$ 0
$ 35.00
0
$ 35.00
$ 2,940.00
11.00
$ 2,951.00
$ 0
0
$ 0
$ 865.00
248.12
$ 1,113.12
Mr. Hakeem Oshikoya
November 9, 1999
Page 2
0022 -034
CSM v. Third Group Mortgage
Prof I Services
$
657.50
Discount
- 135.00
Disbursements
116.70
Total Due
$
639.20
0022 -036
Eduardo African v. CSM
Prof I Services
$
94.50
Disbursements
11.00
Total Due
$
105.50
0022 -037
Forfeiture 1993 Mazda
Prof 1 Services
$
20.00
Disbursements
2.13
Total Due
$
22.13
0022 -038
Forfeiture 1992 Oldsmobile
Prof I Services
$
130.00
Disbursements
1.77
Total Due
$
131.77
0022 -039
Forfeiture 1986 Mercedes
Prof 1 Services
$
170.00
Disbursements
11.97
Total Due
$
181.97
0022 -040
Forfeiture 1987 Aerostar Van
Prof I Services
$
40.00
Disbursements
5.58
Total Due
$
45.58
CURRENT TOTAL
DUE $ 5,225.27
Do not hesitate to call me if you have any questions regarding these statements.
Very truly yours
Earl G. Gallop
Enclosures
cc: Mayor and city commission
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•t
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN
GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $5,225.27
CHARGING $639.20 TO ACCOUNT NO. 1500 -514 -3435,
CONSULTING -REAL PROPERTY /FORECLOSURE, CHARGING
$381.45 TO ACCOUNT NO. 608 - 1910 -521 -3100, PROFESSIONAL
SERVICES, CHARGING $1,253.62 TO ACCOUNT NO. 1500 -514-
3440, CONSULTING -LABOR ATTORNEY, AND, CHARGING THE
REMAINDER TO ACCOUNT NO. 1500 -514 -3410, LEGAL
SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of South Miami approved
Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing
payment of City Attorney non - retainer attorneys' fees and costs; and,
WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for
legal services rendered, and costs advanced, for the period ending
October 31, 1999, in the amount of $5,225.27; and,
WHEREAS, the City Attorney recommends payment of the attached invoices.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The invoices for attorneys' fees and costs received from Nagin
Gallop Figueredo, P.A., in the total amount of $5,225.27, are approved for payment and
$639.20 shall be charged to Account No. 1500 -514 -3435, Consulting -Real
Property /Foreclosure; charging $381.45 to Account No. 608 - 1910 -521 -3100,
Professional Services; charging $1,253.62 to Account No. 1500 -514 -3440, Consulting
Labor Attorney, and the remainder to Account No. 1500 -514 -3410, Legal Services Non
Retainer.
Section 2. 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:
u: •:
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
Additions shown by underlining and deletions shown by ester.
��.nr ,., �F nr . :F xt4 . �!.^.. W+5'3•. .�I4�; , .i: "� dsi�.�F r Y� ;,
r�
� k
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys Fr Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
November 9, 1999
Matter ID: 0022 -002
Real Estate
Statement No. 5337
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance: 0.00
Previous Balance: 10.25
Payments - Thank you 0.00
Total Due 10.25
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
i
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
November 9, 1999
Matter ID: 0022 -008
Wascura v. City of South Miami
Statement No. 5338
Hours Amount
10/14/1999 EGG Reviewed letter from Mr. McDuff and letter from opposing counsel 0.20 35.00
demanding city cease and desist from dissiminating information
regarding Wascura; telephone conference with Mr. McDuff
regarding same
Total Professional Services 35.00
Rate Summary
Earl G. Gallop 0.20 hours at $175.00/hr 35.00
Total hours: 0.20
For Professional Services 35.00
For Disbursements Incurred 0.00
Current Balance: 35.00
Previous Balance: 242.50
Payments - Thank you 0.00
Total Due 277.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPA,
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
November 9, 1999
Matter ID: 0022 -008
Wascura v. City of South Miami
Statement No. 5338
Hours
10/14/1999 EGG Reviewed letter from Mr. McDuff and letter from opposing counsel 0.20
demanding city cease and desist from dissiminating information
regarding Wascura; telephone conference with Mr. McDuff
regarding same
Rate Summary
Earl G. Gallop
Total hours:
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Professional Services
0.20 hours at $175.00/hr
0.20
Total Due
35.00
To be properly credited, please indicate Statement Number on your remittance check.
Amount
35.00
35.00
35.00
0.00
35,00
242.50
0.00
277.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
F,
F
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
November 9, 1999
Matter ID: 0022 -023
Parking garage contract
Statement No. 5339
10/7/1999 LRF Prepared amortization schedules for additional costs associated 1.60 280.00
with incorporating and building out over Richmond airspace.
Compared carrying costs to additional income. Conference with Mr.
Gallop concerning same.
10/8/1999 LRF Attended meeting with SPG representatives at City Hall with Mr. 2.30 402.50
Scurr, Mr Basu and Commissioner Russell to evaluate additional
costs of incorporating Richmond property and explore financial
alternatives for the City and SPG to absorb the costs.
10/13/1999 LRF Telephone conference with Ralph Perez regarding status of SPG's 0.40 70.00
revised proposal.
10/14/1999 LRF
Hours Amount
10/1/1999 LRF Telephone conference with Ralph Perez concerning SPG's new
1.30 227.50
proposal. Conference with Mr. Gallop concerning specifics of
SPG's proposal.
Scurr's office. Conference with Mr. Gallop concerning same.
10/4/1999 LRF Reviewed and compared SPG financial projections to new SPG
2.30 402.50
proposal. Prepared memorandum to Mr. Gallop concerning same.
0.50 87.50
10/5/1999 LRF Prepared memorandum to Mr. Gallop analyzing financial
3.00 525.00
components of SPG's proposal. Telephone conference with Mr.
10/18/1999 LRF
Elias. Attended meeting at City Hall with Mr. Scurr, Mr. Basu, Mr
0.40 70.00
Orvak, Mr. Elias and Mr. Perez.
Telephone conference with Charles Scurr regarding SPG revised
10/7/1999 LRF Prepared amortization schedules for additional costs associated 1.60 280.00
with incorporating and building out over Richmond airspace.
Compared carrying costs to additional income. Conference with Mr.
Gallop concerning same.
10/8/1999 LRF Attended meeting with SPG representatives at City Hall with Mr. 2.30 402.50
Scurr, Mr Basu and Commissioner Russell to evaluate additional
costs of incorporating Richmond property and explore financial
alternatives for the City and SPG to absorb the costs.
10/13/1999 LRF Telephone conference with Ralph Perez regarding status of SPG's 0.40 70.00
revised proposal.
10/14/1999 LRF
Telephone conference with Ralph perez concerning status of
0.60 105.00
proposal. Reviewed SPG proposal. Telephone conference with Mr.
Scurr's office. Conference with Mr. Gallop concerning same.
10/15/1999 LRF
Reviewed SPG financial proposal. Telephone conference with Ralph
0.50 87.50
Perez concerning revised financial projections.
10/18/1999 LRF
Reviewed SPG financial projections.
0.40 70.00
10/19/1999 LRF
Telephone conference with Charles Scurr regarding SPG revised
0.80 140.00
proposal. Telephone conference with Ralph Perez regarding Mr.
Scurr's proposed modifications. Prepared letter to SPG containing
proposed modifications to proposal. Reviewed letter prepared by
SPG to Mr. Auerbach's attorney.
10/20/1999 LRF
Finalized letter to SPG concerning modifications to revised
0.60 105.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -023 Statement No.: 5339
Page: 2
proposal.
10/21/1999
LRF Telephone conference with Ralph Perez concerning modification to
0.30 52.50
SPG's revised proposal.
10/22/1999
LRF Follow up with SPG on status of revised agreements.
0.40 70.00
10/25/1999
LRF Telephone conference with Charles Scurr regarding SPG's request
0.60 105.00
for the base rent to remain at $44,000 for the first ten years of the
lease. Telephone conference with Ralph Perez.
10/26/1999
LRF Telephone conferences with Charles Scurr and Ralph Perez
0.50 87.50
regarding finalizing SPG proposal and status of special exception
application.
10/27/1999
LRF Telephone conferences with Ralph Perez concerning options to
0.40 70.00
insert in lease agreement for increase in base rent.
10/2811999
LRF Telephone conference with Charles Scurr concerning presentation
0.30 52.50
of status report to City Commission.
10/29/1999
LRF Telephone conferences with Charles Scurr and Ralph Perez
0.50 87.50
regarding final matters related to revised proposal and special
exceptions application.
Total Professional Services 2,940.00
Rate Summary
Luis R. Figueredo
Expenses
16.80 hours at $175.00/hr
Total hours: 16.80
Telefacsimile charge
2,940.00
11.00
Sub -total Expenses: 11.00
Payments
10/1/1999 Payment Ck#25035 - Amt. $8130.15
2,102.17
Sub -total Payments: 2,102.17
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
_;'..�asR.. ', �;.;.�,.,,,�. ..... ,.-Ff �,..�., - zmo-mr.:^=u.;��,s� •,.1,> .r.�F.�:. �•�:'�; ,, ., .., �� _,. -, .. _.- t>x �'�%r ..�ra'�'»m�. -�
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -023 Statement No.: 5339 Page: 3
For Professional Services 2,940.00
For Disbursements Incurred 11.00
Current Balance: 2,951.00
Previous Balance: 4,289.92
Payments - Thank you 2,102.17
Total Due 5,138.75
, To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Payments
10/1/1999 Payment Ck#25035 - Amt. $8130.15
Miami, Florida 33133
Facsimile: (305) 854 -5351
November 9, 1999
Matter ID: 0022 -027
Bruce v. Code Enforcement
Statement No. 5340
60.00
Sub -total Payments: 60.00
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance:
0.00
Previous Balance: 212.79
Payments - Thank you 60.00
Total Due 152.79
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353
Facsimile: (305) 854 -5351
November 9, 1999
Charles D. Scurr
Matter ID: 0022 -029
City Manager
In re: forfeiture of 1982
City of South Miami
6130 Sunset Drive
Statement No. 5341
City of South Miami, FL 33143
Payments
10/29/1999 Payment Ck#25391
10.00
Sub -total Payments: 10.00
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance: 0.00
Previous Balance: 10.00
Payments - Thank you 10.00
Total Due 0.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
I
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
November 9, 1999
Matter ID: 0022 -030
Jhuboolall v. CSM, Bradshaw
Statement No. 5342
Hours Amount
10/5/1999 EAB Telephone conference with Chief Cokes Watson regarding EEOC 0.30 37.50
dismissal of Bradshaw complaint; analysis of documentation
received from Chief Watson; sent calendaring instruction regarding
deadline on Right To Sue Letter (From September 24, 1999)
10/7/1999 EGG Reviewed memorandum from Ms. Enrizo- Navarro and letter from 0.30 52.50
Johnson, Anselmo, et al., regarding assembling documents to
comply with judge's order compelling discovery by the city;
telephone conference with Ms. Envizo and instructions to Ms.
Boutsis, work attorney, and Ms. Shine, assistant, to assemble
files, and copy documents
10/8/1999 EAB Numerous telephone conferences with Mr. Mc Duff and his 4.00 500.00
associate regarding production; analysis of files and documents to
be copied and produced pursuant to Jhuboollal request for
production no. 4; prepared memorandum to file of documents our
office will produce; meeting with Scott L. Cagan regarding privileged
documents
10/12/1999 EAB Telephone conference with Mr. McDuffs office regarding production 0.20 25.00
of all EEOC complaints and charges of discrimination
10/13/1999 EAB Reviewed and analyzed copies of all EEOC files in our possession; 1.70 212.50
revised production to Mr. McDuff under the Court's order, in
response to requests for production 4 and 5; prepared letter to Ms.
Coogler attaching the City's production
10/15/1999 EAB Telephone conference with co- counsel's office regarding two files: 0.30 37.50
Ratner and Hernandez; met with Stephanie Shine and requested
her to review files in file room and City Clerk's office for any
supplemental production documents for Ratner and Hernandez
Rate Summary
Eve A. Boutsis
Total Professional Services 865.00
6.50 hours at $125.00/hr 812.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -030 Statement No.: 5342 Page: 2
Earl G. Gallop 0.30 hours at $175.00/hr 52.50
Total hours: 6.80
Expenses
Postage
0.66
Courier charge
12.50
Telefacsimile charge
3.00
10/15/1999 Outside copy job
231.96
Sub -total Expenses: 248.12
Payments
10/1/1999 Payment Ck#25035
- Amt. $8130.15 117.83
Sub -total Payments: 117.83
For Professional Services
865.00
For Disbursements Incurred
248.12
Current Balance:
1,113.12
Previous Balance:
130.08
Payments - Thank you
117.83
Total Due
1,125.37
To be properly credited, please indicate Statement Number on your remittance check
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Facsimile: (305) 854 -5351
November 9, 1999
Matter ID: 0022 -034
CSM v. Third Group Mortage,
Statement No. 5343
Rate Summary
Eve A. Boutsis
Earl G. Gallop
Expenses
Total Professional Services 657.50
Discount: - 135.00
3.10 hours at $150.00 /hr
1.10 hours at $175.00/hr
Total hours: 4.20
Long distance telephone charge
465.00
192.50
7.51
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours Amount
10/6/1999
EAB Revised City's Motion to Remand Third Group action to proceed
0.50 75.00
with consolidation and foreclosure priority
10/6/1999
EGG Final preparation of motion for remand of lien foreclosure
0.20 35.00
proceeding to state court
10/12/1999
EAB Assembled exhibits to City's motion
0.20 30.00
10/21/1999
EAB Attended telephonic hearing of NY Bankruptcy court regarding
0.90 135.00
possible dismissal of Chapter 11, conversion to Chapter 7, our
request for remand of state claim; possible dismissal of our action
and acceptance of stipulation of settlement.
10/21/1999
EGG Attended hearing in bankruptcy court [by telephone]; acknowledged
0.90 157.50
debtor's acceptance of settlement suggestion for $25,000;
instructed Ms. Boutsis to prepare agreed settlement order to be
submitted to code enforcement board and to court
10/25/1999
EAB Prepared letter to Mr. Kaplan enclosing draft order and settlement
1.30 195.00
agreement for settlement of City's claims for $25,000
10/27/1999
EAB Revised settlement stipulation and letter to Mr. Kaplan
0.20 30.00
Rate Summary
Eve A. Boutsis
Earl G. Gallop
Expenses
Total Professional Services 657.50
Discount: - 135.00
3.10 hours at $150.00 /hr
1.10 hours at $175.00/hr
Total hours: 4.20
Long distance telephone charge
465.00
192.50
7.51
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
r
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -034 Statement No.: 5343 Page: 2
Courier charge 28.50
Postage 0.99
Telefacsimile charge 6.00
Photocopies 53.75
10/29/1999 Conference Call 19.95
Sub -total Expenses: 116.70
Payments
10/1/1999 Payment Ck#25035 -Amt. $8130.15 1,093.00
Sub -total Payments: 1,093.00
For Professional Services 522.50
For Disbursements Incurred 116.70
Current Balance:
639.20
Previous Balance: 2,838.99
Payments - Thank you 1,093.00
Total Due 2,385.19
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Mme-
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
November 9, 1999
Matter ID: 0022 -036
Eduardo Africano v. CSM
Statement No. 5344
Rate Summary
Eve A. Boutsis
Expenses
Payments
10/1/1999
Total Professional Services
0.70 hours at $135.00/hr
Total hours: 0.70
Telefacsimile charge
Payment
Sub -total Expenses:
Ck #25035 - Amt. $8130.15
94.50
11.00
11.00
178.65
Sub -total Payments: 178.65
94.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours Amount
10/4/1999 EAB Reviewed proposed stipulation for approval of settlement; prepared
0.20 27.00
memorandum to Mr. Scurr requesting him to execute the
settlement and issue settlement check.
10/20/1999 EAB Telephone conference with Maria, of City Manager's office regarding
0.40 54.00
Finance request for memorandum on settlement terms and
acceptance of settlement by commission in order to issue
settlement checks; prepared memorandum to City Manager and
Finance Department regarding this issue; prepared memorandum
to file regarding communications
10/25/1999 EAB Reviewed correspondence from opposing counsel and prepared
0.10 13.50
joint motion to approve settlement
Rate Summary
Eve A. Boutsis
Expenses
Payments
10/1/1999
Total Professional Services
0.70 hours at $135.00/hr
Total hours: 0.70
Telefacsimile charge
Payment
Sub -total Expenses:
Ck #25035 - Amt. $8130.15
94.50
11.00
11.00
178.65
Sub -total Payments: 178.65
94.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
Matter ID: 0022 -036
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Statement No.: 5344 Page: 2
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
94.50
11.00
105.50
308.25
178.65
235.10
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
i
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr November 9, 1999
Matter ID: 0022 -037
City Manager Forfeiture in re 1993 Mazda
City of South Miami
6130 Sunset Drive Statement No. 5345
City of South Miami, FL 33143
Hours Amount
10/4/1999 EAB Prepared notice of filing exhibits to motion for default to be heard by 0.20 20.00
judge.
Total Professional Services 20.00
Rate Summary
Eve A. Boutsis 0.20 hours at $100.00 /hr 20.00
Expenses
Payments
10/1/1999
Legal research
Postage
Payment
Total hours: 0.20
1.80
0.33
Sub -total Expenses: 2.13
Ck#25035 - Amt. $8130.15
20.33
Sub -total Payments: 20.33
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
Matter ID: 0022 -037
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Statement No.: 5345 Page: 2
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
20.00
2.13
22.13
79.17
20.33
80.97
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
v
'
Nagin Gallop Figueredo P.A.
Matter ID: 0022 -037
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Statement No.: 5345 Page: 2
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
20.00
2.13
22.13
79.17
20.33
80.97
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys Pa Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Hours Amount
10/4/1999 EAB Prepared letter to counsel rejecting his unauthorized modified 0.20 20.00
settlement and requesting him to execute the agreed upon
settlement agreement
10/19/1999 EAB Telephone conference with new counsel, Eli Caplan, for claimant 0.80 80.00
Caraballo; prepared memorandum to file and prepared letter to Mr.
Caplan agreeing to his recommended changes to settlement
agreement
10/20/1999 EAB Analyzed provisions provided by Eli Caplan to be included in to the 0.30 30.00
settlement agreement
Rate Summary
Eve A. Boutsis
Expenses
Total Professional Services
1.30 hours at $100.00 /hr
Total hours: 1.30
Postage
Telefacsimile charge
Sub -total Expenses:
Payments
10/1/1999 Payment Ck#25035 - Amt. $8130.15
Sub -total Payments:
130.00
0.77
1.00
1.77
190.00
190.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
November 9, 1999
Charles D. Scurr
Matter ID: 0022 -038
City Manager
Forfeiture of 1992 Oldsmobile
City of South Miami
6130 Sunset Drive
Statement No. 5346
City of South Miami, FL 33143
Hours Amount
10/4/1999 EAB Prepared letter to counsel rejecting his unauthorized modified 0.20 20.00
settlement and requesting him to execute the agreed upon
settlement agreement
10/19/1999 EAB Telephone conference with new counsel, Eli Caplan, for claimant 0.80 80.00
Caraballo; prepared memorandum to file and prepared letter to Mr.
Caplan agreeing to his recommended changes to settlement
agreement
10/20/1999 EAB Analyzed provisions provided by Eli Caplan to be included in to the 0.30 30.00
settlement agreement
Rate Summary
Eve A. Boutsis
Expenses
Total Professional Services
1.30 hours at $100.00 /hr
Total hours: 1.30
Postage
Telefacsimile charge
Sub -total Expenses:
Payments
10/1/1999 Payment Ck#25035 - Amt. $8130.15
Sub -total Payments:
130.00
0.77
1.00
1.77
190.00
190.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -038 Statement No.: 5346 Page: 2
For Professional Services 130.00
For Disbursements Incurred 1.77
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
131.77
272.55
190.00
214.32
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Mi
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
November 9, 1999
Charles D. Scurr Matter ID: 0022 -039
City Manager
City of South Miami In Re 1986 Mercedes
6130 Sunset Drive Statement No. 5347
City of South Miami, FL 33143
Hours Amount
10/4/1999 EAB Received clerk's default and prepared motion for final default 0.10 10.00
10113/1999 EAB Attended hearing on motion for default in front of Judge Cardonne; 1.60 160.00
includes travel time
Rate Summary
Eve A. Boutsis
Expenses
Total Professional Services 170.00
1.70 hours at $100.00 /hr
Total hours: 1.70
Telefacsimiie charge
Photocopies
Postage
Sub -total Expenses:
Payments
1011/1999 Payment Ck#25035 - Amt. $8130.15
170.00
1.00
8.00
2.97
11.97
150.00
Sub -total Payments: 150.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -039 Statement No.: 5347 Page: 2
For Professional Services 170.00
For Disbursements Incurred 11.97
Current Balance: 181.97
Previous Balance: 764.42
Payments - Thank you 150.00
Total Due 796.39
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
h
y
�
10/5/1999
k
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr November 9, 1999 Matter ID: 0022 -040
City Manager
City of South Miami Forfeiture of 1987 Aerostar Van
6130 Sunset Drive Statement No. 5348
City of South Miami, FL 33143
Postage 3.08
Photocopies 2.50
Sub -total Expenses: 5.58
Payments
10/1/1999 Payment Ck#25035 - Amt. $8130.15
242.94
Sub -total Payments: 242.94
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours
Amount
10/5/1999
EAB Prepared notice of voluntary dismissal of Oscar Berlanga as he has
0.20
20.00
no interest in vehicle and Motion for Final Default Judgment against
Luis Berlanga
10/12/1999
EAB Reviewed and analyzed final order of default and prepared
0.20
20.00
memorandum to Ms. Shine to calendar recording of final default.
Total Professional Services
40.00
Rate Summary
Eve A. Boutsis 0.40 hours at $100.00 /hr
40.00
Total hours: 0.40
Expenses
Postage 3.08
Photocopies 2.50
Sub -total Expenses: 5.58
Payments
10/1/1999 Payment Ck#25035 - Amt. $8130.15
242.94
Sub -total Payments: 242.94
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -040 Statement No.: 5348 Page: 2
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
40.00
5.58
45.58
251.91
242.94
54.55
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 11/12/99
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 11116/99
City Manager City of South Miami
General Election 21812000
The attached ordinance on for second reading and public hearing schedules
the day, place and time of the Year 2000 General Election. This ordinance is on
for first reading.
BACKGROUND
Section 2, Article V, of the City of South Miami Charter provides that the City
Commission of the City of South Miami shall schedule a general election for
February of each even year, and that the Mayor shall be elected for a term of
two (2) years and Commissioners shall be elected for terms of four (4) years at
the general election.
CONCLUSION
The year 2000 election will be held on Tuesday, February 8, 2000. On that date
a Mayor will be elected to serve a term of two years, one Commissioner will be
elected to serve the un- expired term of two years created by a vacancy in
Group 11, and two Commissioners from Groups I and III will be elected to serve a
term of four years.
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR
5 2000 GENERAL ELECTION OF THE MAYOR AND CITY
6 COMMISSIONERS FOR GROUPS, I, II AND III AND POSSIBLE
7 CHARTER AMENDMENTS; SCHEDULING THE DAY, PLACE AND
8 TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF
9 CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS;
10 APPROVING THE OFFICIAL BALLOT; PROVIDING FOR
11 NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES
12 IN CONFLICT, AND AN EFFECTIVE DATE.
13
14 WHEREAS, Section 2, Article V, of the City of South Miami Charter provides
15 that the City Commission of the City of South Miami shall schedule a general election for
16 February of each even year, and that the Mayor shall be elected for a term of two (2)
17 years and commissioners shall be elected for terms of four (4) years at the general
18 election; and
19
20 WHEREAS, the Charter requires the City Commission of the City of South Miami
21 to schedule the day, place and time of the general election by ordinance; and
22
23 WHEREAS, state law requires election books to close thirty (30) days prior to the
24 election.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
28
29 Section 1. The 2000 General Election will be held on Tuesday, February 8,
30 2000. On that date, a mayor will be elected to serve a term of two (2) years, one (1)
31 Commissioner will be elected to serve the un- expired term of two years created by a
32 vacancy in Group Il, and two (2) Commissioners from Groups I and III will be elected to
33 serve a term of four (4) years.
34
35 Section 2. The qualifying period for this election shall open Tuesday,
36 December 28, 1999 and close Wednesday, January 5, 2000, precisely at 5:00 p.m.
37 Candidates shall qualify at the office of the City Clerk, 6130 Sunset Drive, South Miami,
38 Florida.
39
40 Section 3. Voting shall be conducted at the Sylva Martin Community Building,
41 6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at 7:00 a.m.,
42 and close precisely at 7:00 p.m.
43
Additions shown by underlining and deletions shown by eyeFstr-iking
1
2
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5
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11
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Section 4. The official ballot for the 2000 general election is annexed to this
ordinance.
Section 5. The election books shall close Monday, January 10, 2000.
Section 6. The City Clerk shall publish notice of such general election once a
week for four consecutive weeks next preceding the general election in a newspaper of
general circulation in South Miami. The notice shall contain the date, time, and place of
the general election and identify the commission groups and proposed charter revisions to
be voted for.
Section 7. 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.
Section 8. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 9. This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1St Reading —
2 "d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 1999.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Russell:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Bass:
Additions shown by underlining and deletions shown by a •o. ° ~ g.
ELECTION BALLOT
CITY OF SOUTH MIAMI GENERAL ELECTION
FEBRUARY 8, 2000
MAYOR'S RACE
There is hereby elected a Mayor for the City of South Miami to serve for a two (2) year
term. Vote for one (1)
COMMISSIONER RACE — GROUP I
There is hereby elected a Commissioner for the City of South Miami from Group I to
serve for a four (4) year term. Vote for one (1)
COMMISSIONER RACE — GROUP II
There is hereby elected a Commissioner for the City of South Miami from Group II to
serve for a two (2) year term. Vote for one (1)
COMMISSIONER RACE —GROUP III
There is hereby elected a Commissioner for the City of South Miami from Group III to
serve for a four (4) year term. Vote for one (1).
The polls will be opened on Tuesday, February 8, 2000 from 7:00 a.m. to 7:00 p.m., at the Sylva Martin Community Building,
6130 Sunset Drive.
Additions shown by underlining and deletions shown by everAfil6ng.
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 tilde Miami Review, a daily (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
NOTICE OF PUBLIC HEARING
NOVEMBER 16, 1999
In the .......... ..
X..XXXXXX , , , .. Court,
..
wag pV Ilsed In,safd rjwspaper in the Issues of
Affiant further says that the said Miami Dally Business
Review is a newspaper published at Miami In said Dade
County, Florida, and that the said 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 mail matter at the post
office in Miami In said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
COP dvertisement; and afflant further says that she has
net ar Id nor promised any person, firm or corporation
an ?d unt, rebate, commission or refund for the purpose
of ec ng this jdvertlaement for publication in the said
5 ;W0 VeTlidbu r ore me W5
...... —do _.........,.„/ A.D. 19.,.x.
(SEAL) L 1P JA fi TT LLERENA
Sookie Williams s �t0 to1lgKAoelett Nutuntttl
VJM < CC66`000���(4pp
�%4'" . alp W 6OM N paw
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct a Public Hearing during its regular
City Commission meeting Tuesday, November 16, 1999 beginning at
7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to
consider the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE YEAR 2000 GENERAL ELECTION OF THE MAYOR
AND CITY COMMISSIONERS FOR GROUPS 1, 11 AND III
AND POSSIBLE CHARTER AMENDMENTS; SCHEDULING
THE DAY, PLACE AND TIME OF THE ELECTION; PROVID-
ING FOR QUALIFICATION OF CANDIDATES; PROVIDING
FOR CLOSE OF ELECTION BOOKS; APPROVING THE
OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CON-
FLICT, AND AN EFFECTIVE DATE. (1st Reading November
2, 1999)
Inquiries concerning this item should be directed to the City Clerk's
Office at: 305 - 663 -6340
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION j
OF THE CITY OF SOUTH MIAMI; FLORIDA, RELATING TO I
THE TRANSIT - ORIENTED DEVELOPMENT DISTRICT
(TODD); AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING
SECTION 20 -3.1 TO INCLUDE A DESCRIPTION OF TODD,
BY REVISING SECTION 20 -8.3 TO CLARIFY THE CREA-
TION OF TODD SUBCATEGORIES AND USES PERMIT-
TED THEREIN; BY REVISING SECTION 20- 8.9(D) TO
CLARIFY THE ALLOWABLE HEIGHT OF BUILDINGS IN
THE MU -5 SUBCATEGORY; BY REVISING SECTION 20-
8.17 TO CLARIFY THE TWO STORY HEIGHT LIMIT OF
BUILDINGS IN THE MU -4 AND LI -4 SUBCATEGORIES;
PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABI-
LITY AND PROVIDING AN EFFECTIVE DATE. (1st Reading
- November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
APPLICATIONS REQUIRING PUBLIC HEARINGS; AMEND-
ING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20-5.5
ENTITLED "APPLICATIONS REQUIRING PUBLIC HEAR-
INGS;" IN ORDER TO AMEND THE FILING SCHEDULE
AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT, AND PROV-
IDING AN EFFECTIVE DATE. (1st Reading - November 2,
1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
NONCONFORMING SIGNS; AMENDING CHAPTER 20 OF
THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
SECTION 20 -4, SIGN REGULATIONS, BY REVISING SEC-
TION 20 -4.3 (K) (1) PERTAINING TO REGULATIONS GOV-
ERNING THE GRANDFATHERING OF NONCONFORMING,
SIGNS; PROVIDING FOR ORDINANCES IN CONFLICT,,:c
SEVERABILITY, AND AN EFFECTIVE DATE. (1st Reading
November 2, 1999)
= CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission Date: November 12, 1999
From: Charles D. Scurr Agenda Item #
City Manager fc� Re: Comm. Mtg.11 /16/99
LDC Amendment: TODD
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO THE TRANSIT - ORIENTED DEVELOPMENT DISTRICT (TODD); AMENDING CHAPTER 20 OF
THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A
DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE CREATION OF TODD
SUBCATEGORIES, USES PERMITTED AND HEIGHT LIMITS THEREIN; BY REVISING SECTION 20- 8.9(D) TO
CLARIFY THE ALLOWABLE HEIGHT OF BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION
20 -8.17 TO CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND LI -4
SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR SEVERABILITY ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
An initial review of the Transit - Oriented Development District (TODD) regulations, adopted in 1997,
indicates that certain technical amendments are required immediately. The ordinance adopting the
TODD created the district as a chapter in the LDC and as a new use district on the Official Zoning
Map of the City. However, the same ordinance did not properly amend the City's permitted use
schedule to formally include the TODD as a new zoning district. The attached ordinance amends
Section 20 -3 to include TODD and replaces the previous zoning classification entitled Intensive Use
District (I) and portions of Neighborhood Retail (NR), Low - Intensity Office (LO), Medium- Intensity
Office (MO), General Retail (GR) Public/Institutional (PI) and .Parks and Recreation (PR).
The 1997 ordinance also created sub - categories of the TODD, each having somewhat different
standards and permitted uses. This was done in recognition of the varied uses and conditions within
the district. The legislation, as adopted, does not clearly delineate the names or characteristics of these
sub - categories. The attached ordinance provides that the sub - categories are to be shown on the City's
Official Zoning Map and additional language is proposed in order to more fully describe the sub-
categories. The ordinance corrects the regulations to clearly indicate the City Commissions original
action to specify the height limit in each of the sub - categories. It is important to note that the
proposed revisions are of a technical nature and do not change any of the existing regulations.
The City Commission at its November 2, 1999 meeting approved this item on first reading. The
Planning Board at its November 9, 1999 meeting recommended approval of the proposed ordinance.
RECOMMENDATION: Approval
Attachments:
Proposed Ordinance
Excerpts from LDC
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
4 RELATING TO THE TRANSIT- ORIENTED DEVELOPMENT DISTRICT (TODD); AMENDING CHAPTER 20 OF
5 THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A
6 DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE CREATION OF TODD
7 SUBCATEGORIES , USES PERMITTED, AND HEIGHT LIMITS THEREIN; BY REVISING SECTION 20- 8.9(D)
8 TO CLARIFY THE ALLOWABLE HEIGHT OF BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING
9 SECTION 20 -8.17 TO CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND LI -4
10 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR SEVERABILITY ORDINANCES IN
11 CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
15 program to update, clarify, and improve the provisions of the City's Land Development Code; and
16
17 WHEREAS, after review and consideration, the Planning and Zoning Department has
18 recommended amending the following: Provisions of Section 20 -3.1 to include a description of TODD
19 in the permitted use schedule; Section 20 -8.3 to clarify the creation of TODD subcategories imd, uses
20 permitted, and height limits therein; Section 20 -8.9 and Section 20 -8.17 to clarify the height limits of
21 buildings in the TODD subcategories;
22 and
23
24 WHEREAS, specific amendments to Section 20 -3.1, Section 20 -8.3, Section 20 -8.9, and Section
25 20 -8.17 were included in the Land Development Code Proposed Technical Amendments 99 -A
26 document which was reviewed by the Planning Board at a public workshop held on October 26, 1999;
27 and
28
29 WHEREAS, on November 9, 1999, after public hearing regarding the proposed amendments to
30 Sections 20 -3.1, 20 -8.3, 20 -8.9, and 20 -8.17 of the Land Development Code, the Planning Board
31 voted 7 -0 to transmit the proposed amendments to the City Commission; and
32
33 WHEREAS, the City Commission desires to accept the recommendations of the Planning Board
34 and enact the aforesaid amendment.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
37 OF THE CITY OF SOUTH MIAMI, FLORIDA:
38
39 Section 1. That Section 20 -3.1, entitled "Zoning Use Districts and Purposes" of the South Miami
40 Land Development Code is hereby amended to read as follows:
41
42 Section 20 -3.1 Zoning Use Districts and Purposes.
43
44 (A) Zoning Districts Established.
45
46 4- TODD intensive Use TRANSIT- ORIENTED DEVELOPMENT DISTRICT
47
48 (C) District Purpose Statements.
49
50 0-6) "1" Intensive U-se Distpiet! The puTese of this distriet is to delineate propefly located-and
51 easily aceessNe areas for automobile service and repair activities and other similar
52 and compaale uses. The distria is also intended to pemail redevelopment of eydsti
m
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fian-A-lifties - for office- use independent froal auto serviee uses with special use approval.
This-- ddismict is'J -' appropriate in areas designate "� Amto JeTPir.&nffino Special
Derl el p v4' on the a ty's adopted ConVmhens v Plan--.
Y r r
�U6 "TODD" Transit - Oriented Development District: The purpose of this district is to
maximize the presence of a mass transit center located within walking distance of the
boundaries of the district The TODD District is intended to provide for the development
of office uses office services office- related retail, retail, retail services, and residential
uses in multi -stoU and mixed use projects that are characteristic of transit - oriented
developments Regulations provide for the continuation of existing light industrial uses,
but encourages redevelopment through flexible building heights, design standards, and
performance- oriented incentives The district is appropriate in areas designated "Transit -
Oriented Development District" on the Cites adopted Comprehensive Plan and Future
Land Use Map.
Section 2. That Section 20 -8.3 entitled "Permitted Uses" of the South Miami Land Development
Code is hereby amended to read as follows:
Section 20 -8.3 Creation of TODD Sub- categories,
(A) For purpose of recognizing the existing patterns of land use the need to encourage a logical
mix of land uses and the need to promote a higher density of uses together with practical
development bonus opportunities the following sub-categories (zones) are hereby created:
(6) "TODD (MU -4)' - Mixed Use 4
(7)
TODD
(MU -5) - Mixed Use 5
(8)
TODD
(LI -4) - Light Industrial 4
(9)
TODD
(PI) - Public/ Institutional
(10)
TODD
(PR) - Parks and Recreation
(B) The boundaries of the Transit - Oriented Development District and the sub- categories shall be
indicated on the City's Official Zoning Map and also shown on the Regulating Plan Graphic,
as presented in Section 20 -8.17.
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
40
41
42
43
44
45
46
47
48
49
50
51
(E) Permitted Uses:
(4) There are #e-gajer five use categories within the TODD district: Residential
Uses,Commercial Uses, and Light Industrial Uses, Public/ Institutional and Parks and
Recreation.
(5) The uses permitted in each TODD sub - category shall be as follows:
(f) TODD (MU -4): Residential Uses, Commercial Uses.
(g) TODD (MU -5): Residential Uses, Commercial Uses.
(h) TODD (LI -4): Residential Uses, Commercial Uses, Light Industrial Uses.
(i) TODD (Pb Schools, Governmental facilities, utilities, churches and other similar
uses.
0) TODD (PR) Public parks and open spaces.
(6) A description of the specific uses permitted in each of the major use categories i_s
provided in the Sections 20 -8.4 through 20 -8.7.
(D) Permitted Heights.
Section 3
Miami Land Development Code is hereby amended to read as follows:
(F) Within the MU -5 subcategory the maximum height of new buildings or additions shall be
restricted to four stories as permitted, or up to eight stories as permitted with bonus; but in no
case shall exceed 100 feet.
Section 4. That the titles of the graphics illustrations contained within Section 20 -8.17 entitled
"Regulating plan — Graphic" of the South Miami Land Development Code are hereby amended to
read as follows:
Buildings and Their Placement
MU -4
Mixed Use, 4 -story 2 story
• Buildings and Their Placement
LI -4
Light Industrial, 4 -story 2 story
• Height and Uses
MU -4
Mixed Use, 4 story 2 story
Height and Uses
1 LI -4
2 Light Industrial, 4 story 2 story
3
4 Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
5 are hereby repealed.
6
7 Section 6. If any section, clause, sentence, or phrase of this ordinance is for any reason held
8 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity
9 of the remaining portions of this ordinance.
10
11 Section 7. This ordinance shall take effect immediately at the time of its passage.
12
13 PASSED AND ADOPTED this day of , 1999
1.4
15 ATTEST: APPROVED:
16
17
18
19 CITY CLERK MAYOR
20
21 Commission Vote:
22 READ AND APPROVED AS TO FORM: Mayor Robina:
23 Vice Mayor Russell
24 Commissioner Bass:
25 Commissioner Bethel:
26 Commissioner Feliu:
27 CITY ATTORNEY
28
ZONING REGULATIONS 20-3.1
sional services in attractive low profile buildings on heavily landscaped sites, archi-
tecturally similar to and compatible with nearby single- family structures. The district
should serve as a transitional buffer between established single - family neighborhoods
and major traffic arterials or more intensive. uses, and is appropriate in areas
designated "Residential Office" or "Low Intensity Office" on the city's adopted
Comprehensive Plan.
(11) "LO" Low - Intensity Office District: The;; purpose of this district is to permit low
intensity office development and redevelopment, without necessarily being compatible
in appearance with single - family residential areas. This district is appropriate in areas
designated "Low - Intensity Office" on the city's adopted Comprehensive Plan.
(12) "MO" Medium - Intensity Office District: The purpose of this district is to accommodate
professional and business office space needs in a relatively intensive centrally located
manner. This district is appropriate in areas designated "Medium- Intensity Office" on
the city's adopted Comprehensive Plan.
(13) "NR Neighborhood Retail District: The purpose of this district is to permit conve-
nience commercial uses which provide for the everyday retail and personal service
needs of nearby residential neighborhoods in a compatible and convenient manner.
This district is appropriate in areas designated "Neighborhood Retail Development" on
the city's adopted Comprehensive Plan.
(14) "SR" Specialty Retail District: The purpose of this district is to maintain the basic
specialty retail character of the Sunset Drive commercial area by encouraging
comparison retail uses at the pedestrian - oriented grade level and office and residential
uses on the upper floors of all buildings. This district is appropriate in areas
designated "Specialty Retail/Residential" on the city's adopted Comprehensive Plan.
• (15) "GR" General Retail District: The purpose of this district is to delineate areas which
•• • • permit a broad range of retail uses. Uses that are strongly oriented toward the
• motoring public are discouraged in this district. This district is appropriate in areas
• • ' .. designated "General Retail" on the city's adopted Comprehensive Plan.
(16) "1" Intensive Use District. The purpose of this district is to delineate properly located
and easily accessible areas for automobile service and repair activities and other
similar and compatible uses. The district is also intended to permit redevelopment of
existing facilities for office uses independent from auto service uses with special use
approval. This district is appropriate in areas designated "Auto Service /Office Special
Redevelopment" on the city's adopted Comprehensive Plan.
(17) "H" Hospital District: The purpose of this district is to permit, as a special use, areas
that will accommodate various hospital needs in a manner compatible with nearby
residential areas. The district also permits office uses at appropriate intensities in the
event that hospital uses are terminated and is appropriate in areas designated
"Hospital/Office" on the city's adopted Comprehensive Plan. The unique nature of
hospital usage and its quickly changing needs and characteristics makes their proper
Supp. No. 2
25
TRANSIT ORIENTED DEVELOPMENT DISTRICT 20-8.2
ARTICLE VIII. TRANSIT ORIENTED DEVELOPMENT DISTRICT - -
20-5.1 Purpose.
The purpose and intent of this regulation is to maximize the presence of a dedicated mass
transit center located within walking distance of the boundaries of the proposed district. The
maximum utilization of that facility will be achieved through the creation of a district that
surrounds this major mass transit facility and is designed to encourage a mix of high density
uses, specifically residential, retail and office uses. It also will provide for the continuation of
existing light industrial uses but encourage redevelopment throughout the Transit- Oriented
Development District (T.O.D.D.) through flexible and performance - oriented zoning and other
regulations.
The regulation is intended to promote efficiency of land use, decrease vehicular traffic,
provide convenience, establish a harmonious mix of uses all within a pedestrian friendly
environment. The Transit- Oriented Development District (T.O.D.D.) is designed to encourage
a strong base of residential development, coupled with the complementary provisions for retail
services and local employment opportunities. all within acceptable walking distances. To
accomplish this goal, the code ties together intense new development with a high quality
pedestrian environment. This is accomplished through a series of bonuses that ties residential
development, higher densities, and lessened dependence on vehicular traffic together.
(Ord. No. 9 -97 -1630, § 1, 4 -1 -97)
20-5.2 Definitions.
Terms used throughout this Ordinance shall take their commonly accepted meaning unless
otherwise defined in the Code. When there are conflicts between the Code and this Ordinance,
this Ordinance shall control terms requiring interpretation specific to this Ordinance as
follows:
Accessway: A street or driveway which traverses a parcel providing access to an abutting
street, alley, or other vehicular use area.
Alley: A 20' -24' wide way providing access to the rear of lots and buildings.
Arcade /colonnade: A covered, open -air walkway at standard sidewalk level attached to or
integral with the building frontage; structure overhead is supported architecturally by
columns or arches along the sidewalk; required to extend beyond the build -to -line. These
standards permit encroachment by habitable spaces on upper floors over any arcade along a
City street, or elsewhere if approved by the entity controlling the right -of -way.
Building depth: The absolute distance between the outer wall surface of the building
frontage and the outer wall surface of the rear wall of the building.
Building frontage: The side of a building which faces the primary street.
Supp. No. 3
181
MW
Y,.��...
20-8.2 SOUTH MIAMI LAND DEVELOPMENT CODE`
Build -to line: An alignment established a certain distance from the curb line to a line, along
which the building shall be built. Front porches and handicap ramps shall be exempt from
build -to line requirements, and must occur behind the property line.
Fence line. The alignment along which fences, walls, or hedges shall be located.
Ground floor area: The area on the ground occupied by a building, excluding arcades and
colonnades.
Historic building. A building that has been designated by the City of South Miami per the
historic preservation portion of the Environmental Review and Preservation Board regula-
tions.
Lot coverage: The percentage of the gross area of a given lot which contains buildings.
Lot frontage: The property line adjacent to the primary street right -of -way.
Open yard space: The portion(s) of a lot free of buildings or impervious surfaces.
Parking surface: An area designated for parking constructed with any of the following
surfaces: turf block, gravel, brick, pavers, asphalt, or concrete.
Story: The horizontal division of a building between the surface of a floor and the surface of
the next floor above, or the next ceiling if there is no floor above. For the purposes of these
regulations, a story shall be interpreted as each vertical unit of 14' maximum, e.g. a 1 -floor
cinema 22' tall shall be considered a two -story building.
(Ord. No. 9 -97 -1630, § 1, 4 -1 -97)
X20 -8.3 Permitted uses.
There are three major categories within the T.O.D.D. district:
Residential uses
Commercial uses
Light industrial uses
The following is a description of the various specific uses within each category.
(Ord. No. 9 -97 -1630, § 1, 4 -1 -97)
20-8.4 Residential use.
The following residential uses are permitted in these zoning classifications that specify this
category within the T.O.D.D.
(A) Floor Area. The following are minimum requirements for floor areas for the apartment
units as specified:
Efficiency /Studio
One Bedroom
Two Bedroom
Supp. No. 3
400 square feet
550 square feet
700 square feet
182
TRANSIT ORIENTED DEVELOPMENT DISTRICT 20-8.7
Three Bedroom 850 square feet
(B) Density, as many units as may be permitted as can be provided with parking.
(C) Residential and lodging uses, as permitted with required parking as noted in section
20 -7.12. Residential uses are permitted on the first floor.
(Ord. No. 9 -97 -1630, § 1, 4 -1 -97)
20-8.5 Commercial use.
The following classifications, uses, and corresponding parking requirements shall be
permitted with the T.O.D.D.:
(A) Storefront uses, as indicated in section 20 -7.12.
(B) Office uses, as indicated in section 20 -7.12 and all uses in the Business and
Professional Services Group as indicated in section 20 -3.3, except the following uses
shall not be permitted:
1. ' Any uses which are only permitted in an industrial zone as indicated in section
20 -3.3.
2. Bowling alley or skating rink.
(Ord. No. 9 -97 -1630, § 1, 4 -1 -97)
20-8.6 Special provisions.
(A) Any of the above uses are permitted on the first floor as well as successive floors.
(B) Convenience stores are not considered in the food category and are not permitted.
(C) No "drive - thru's" except for banks, are permitted.
(Ord. No. 9 -97 -1630, § 1, 4 -1 -97)
20-8.7 Light industrial use.
The following uses are permitted in this category along with the required parking:
(A) All retail and wholesale trade uses as indicated in section 20 -3.3, except the following
uses:
(1) Automobile dealers.
(2) Boat dealers.
(3) Gasoline service stations.
(4) Recreational vehicle dealer.
(5) Convenience store.
(6) Used merchandise, vehicle parts.
(B) Manufacturing and intensive uses, as indicated in section 20 -3.3.
Supp. No. 3 183
----- __._.._ ..... Sri►
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TRANSIT-ORIENTED DEVELOPMENT DISTRICT 20-8.9
(c) In any area with light industrial uses, any vehicle under repair must be stored
inside buildings at all times.
(d) For light industrial uses, any garage areas must be totally enclosed and have
garage doors closed when not in use.
(D) Garages in MU -5.
1. At the rear of the property you may eliminate the setback requirement for garages
only, if garage:
backs to existing garage
backs to permanent open space
2. May face side street but must have some fenestration as building above.
3. Underground parking defined as having more than 60% of its structure below grade.
4. Garage structures must be designed or landscaped so as to either appear to be a floor
of the building or obstructed from street view.
5. All garages must be at the rear of the building. Garages may go through to the street
above the first floor, providing it looks the same as the face of building above.
6. Garages shall be considered a permitted use within the T.O.D.D.; however, the
regulations for arcades or awnings shall apply. The ground floor on the sides facing any
street shall contain any uses indicated on the permitted ground floor uses in section
20 -8.5. Any exterior facing streets shall be designed to look similar to the facade of a
commercial office building, unless amended by the City Commission via special use
permit procedures.
7. Freestanding garages, not to exceed 6 levels in height, may be permitted on any site
within the district (MU -5).
(Ord. No. 9 -97 -1630, § 1, 4 -1 -97)
__
7"-849c Special ezceptians.
(A) For those existing uses in this district, any alterations or additions to those buildings
shall be in conformance with the provisions of this ordinance, however, existing heights of
existing buildings and floors may remain at current heights and additional floors -may be
added above in accordance with this ordinance. Existing gas station uses may be permitted to
have a one -time alteration to allow for the addition of additional floors above.
(B) Any site that is in excess of 40,000 square feet shall qualify for a large scale
development use and must be reviewed by the Planning Board via the special use ermit
process.
p
1. Any property to be developed under a large -scale development program and all under
single ownership may have residential uses on the first floor, however, they are not
permitted on the first floor within that portion of the building or development fronting
on the front or main street.
Supp. No. 3
185
20 -8.9 SOUTH MIAMI LAND DEVELOPMENT CODE
(C) No single use in the T.O.D.D. Zone shall exceed a
gross floor area of 80,000 square feet,
except residential uses.
(D) The maximum height of new buildings or additions shall be restricted to four stories as
permitted, or up to eight stories as permitted with bonus; but in no case shall exceed 100 fps-
t-
(E) A minimum lot area of 5,000 square feet shall be required for any of the following
nonresidential uses: Institutional, Public Service, General Commercial Entertainment, Com-
mercial Recreation, Office, and Recreation/Open Space, Light Industrial.
(F) Where there is no minimum distance between adjacent buildings, nor a minimum
building setback from a property line, one of the first two of the following conditions must be
met:
1. If the distance from the exterior wall to the property line is less than five feet, the
applicant must show evidence of a maintenance easement from adjacent property
owner(s); or
2. The structure shall be built on the ' property line and the owner shall give an
attachment easement to the adjacent property owner(s).
3. In no instance shall a roof overhang extend beyond the property line,. except in the
front of the building.
(Ord. No. 9 -97 -1630, § 1, 4 -1 -97)
20 -8.10 Bonus allocations.
Action
Arcade
Underground parking
More than three uses
For every 1 floor of residential use
Public plaza -min. 5,000 sq. ft. and art work
in plaza setting
Develop full frontage with street design as
part of pedestrian walkway system
Develop "cross- thru's" from street to public
open space as part of pedestrian walk -
system, on owner's property (maintenance
required in Section 20 -8.15)
Supp. No. 3
Bonus
5% parking reduction. Area over arcade not
counted in totals
1 additional floor of office or 2 floors of resi-
dential
20% panting reduction
1 additional floor of residential use with the
mmmum parking requirement (two (2) cars
per residential use)
One (1) additional floor
One (1) additional floor
One (1) additional floor
186
4
5
6
7
8
9
10
11
12
1. Any property to be developed under a large scale development program
and all under single ownership may have residential uses on the first floor.
However, they are not permitted on the first floor within that portion of
the building or development fronting on the front or main street.
(C) No single use in the T.O.D.D. Zone shall exceed a gross floor area of 80,000
square feet, except residential uses.
(D) The maximum height of new buildings or additions shall be restricted to four
stories as permitted, or up to eight stories as permitted with bonus; but in no
.. case shall exceed 100 feet. Mese provisions are only applicable to MU-5.1
13 (E) A minimum lot area of 5,000 square feet shall be required for any of the
14 following nonresidential uses: Institutional, Public Service, General
15 Commercial Entertainment, Commercial Recreation, Office, and Recreation/
16 Open Space-
17
18 rr+ fniniffitmA t,.� e, ,.r s nnr, be ,...... ed f; ff, light industrial
19 uses.
20
21 F Where there is no minimum distance between adjacent buildings, nor a
22 minimum building setback from a property line, one of the first two of the
23 following conditions must be met.
24
25 1. If the distance from the exterior wall to the property line is less than five
26 feet, the applicant must show evidence of a maintenance easement from
27 adjacent property owner(s), or:
28
29 2. The structure shall be built on the property line and the owner shall give an
30 attachment easement to the adjacent property owner(s).
31
32 3. In no instance shall a roof _overhang extend beyond the property line,
33 except in the front of the building.
34
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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
Sookle Wllllams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review flkla 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
NOTICE OF PUBLIC HEARING
NOVEMBER 16, 1999
In the ........... XXXXXXX . . , , .. Court,
.
wps pV II>ed i,sald�wspaper in the Issues of
Afflant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dade
County, Florida, and that the said 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 mail matter at the post
office in Miami In said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
COP dvertisement; and affiant further says that she has
nel 'or id nor promised any person, firm or corporation
an dis unt, rebate, commission or refund for the purpose
of sc ng this jdvertisement for publication in the said
5 o V2Titbu r ore me tt
,.day . • � A.D. 19. .
(SEAL) 1P UIA JAfI�TT _LL__ E-"R--EN-
LERENA
Sookle Willlams Ids loAn tooftVAGNON NUHa@R
CCSSSO04
VV 60MMOSM EXPIRE
Inc a%0 ams 2a -lban
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct a Public Hearing during its _regular
City Commission meeting Tuesday, November 16, 1999 beginning at
7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to
consider the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE YEAR 2000 GENERAL ELECTION OF THE MAYOR
AND CITY COMMISSIONERS FOR GROUPS 1, II AND III
AND POSSIBLE CHARTER AMENDMENTS; SCHEDULING
THE DAY, PLACE AND TIME OF THE ELECTION; PROVID-
ING FOR QUALIFICATION OF CANDIDATES; PROVIDING
FOR CLOSE OF ELECTION BOOKS; APPROVING THE
OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CON-
FLICT, AND AN EFFECTIVE DATE. (1st Reading November
2, 1999)
Inquiries concerning this item should be directed to the City Clerk's i
Office at: 305 - 663 -6340
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION ..;1
OF THE CITY OF SOUTH MIAMI; FLORIDA, RELATING TO 'A
THE TRANSIT - ORIENTED DEVELOPMENT DISTRICT
(TODD); AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING
SECTION 20-3.1 TO INCLUDE A DESCRIPTION OF TODD,
BY REVISING SECTION 20 -8.3 TO CLARIFY THE CREA-
TION OF TODD SUBCATEGORIES AND USES PERMIT-
TED THEREIN; BY REVISING SECTION 20- 8.9(D) TO
CLARIFY THE ALLOWABLE HEIGHT OF BUILDINGS IN
THE MU -5 SUBCATEGORY; BY REVISING SECTION 20-
8.17 TO CLARIFY THE TWO STORY HEIGHT LIMIT OF
BUILDINGS IN THE MU -4 AND LI -4 SUBCATEGORIES;
PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABI-
LITY AND PROVIDING AN EFFECTIVE DATE. (1st Reading
- November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
APPLICATIONS REQUIRING PUBLIC HEARINGS; AMEND-
ING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20.5.5
ENTITLED "APPLICATIONS REQUIRING PUBLIC HEAR-
INGS;" IN ORDER TO AMEND THE FILING SCHEDULE
AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT, AND PROV-
IDING AN EFFECTIVE DATE. (1st Reading - November 2,
1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO,
NONCONFORMING SIGNS; AMENDING CHAPTER 20 OF
THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
SECTION 20 -4, SIGN REGULATIONS, BY REVISING SEC-
TION 20 -4.3 (K) (1) PERTAINING TO REGULATIONS GOV-
ERNING THE GRANDFATHERING OF NONCONFORMING
SIGNS; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, AND AN EFFECTIVE DATE. (1st Reading -
November 2, 1999)
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Summary Minutes
Tuesday, November 9,1999
City Commission Chambers
7:30 P.M.
L Call to Order and the Pledge of Allegiance to the Flag
Mr. Morton, Chair, called the meeting to order at 7:32 p.m.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Mr. Cooper, Ms. Gibson, Ms. Chimelis, Mr. Lefley, Mr. Wiscombe, Mr.
Illas
City staff present
Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis
(Temporary Planning Staff); David Struder (Board Secretary)
III. Public Hearing (Planning Board acting as Local Planning Agency)
Amendment 99 -3 (Continued from LPA Meeting of October 26, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING AMENDMENT 99 -3 TO THE ADOPTED COMPREHENSIVE PLAN IN
ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS
REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER
SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
1. The Chair reported that this item was being carried over from the last meeting.
2. Mr. Cooper indicated that the City Attorney had advised that he did not have a conflict
of interest and therefore could vote on the issue.
3. Staff introduced the guest speaker, Ms. Terry Manning, of the South Florida Regional
Planning Council.
PB Minutes 11 -09 -99
I
4 Mr. Basu noted corrections that were made based upon discussions at the last meeting.
He provided an updated draft reflecting the modifications (ex. Table 3 -21, page 5).
5.The Board, City staff, including Ms. Diana Morris (CRA Director), and Ms. Manning
discussed the following issues:
a. what constitutes a realistic number of affordable housing units that may be built
b. whether or not all income categories, particularly the 30% range, is properly
addressed
c. whether or not to include specific providers of affordable housing in the
language
d. how best to measure progress in meeting goals, such as by numbers or by
percentages
e. what language to include in the text of the Housing Element,
6. The Public hearing was then opened..
7.Members of the public who spoke included Ms. Cathy McCann, Mr. David Tucker, Sr.,
and Ms. Yvonne Beckman.
8.Ms. Manning provided an information sheet showing the definition of affordable
housing and home price ranges and rent ranges for Broward, Miami -Dade, and Monroe
Counties.
9.Staff summarized the proposed modifications, including:
a. Policy 1.3.5 — strike reference to Habitat for Humanity
b. Policies 1.3.6 & 7 - no changes to text language
c. Objective 1.3 - include language noting that 30 units, plus 100 units from the
proposed Hometown Station by the year 2005, and an additional anticipated 150 units by
the year 2010 (reducing the future deficit of affordable housing by
d. Policies 1.3.1, 2, 3, & 4 — no changes
10. Staff noted that a workshop will be scheduled to further address the issue of
affordable housing.
I I .Motion: Mr. Cooper moved approval of the proposed amendment, as revised Ms.
Chimelis ` seconded the motion.
Vote: Approved 7 Opposed 0
(The purpose of the above hearing was to allow for the City of South Miami Planning
Board, serving in its capacity as the Local Planning Agency (LPA), to make
recommendations to the City Commission regarding transmittal of the proposed
Comprehensive Plan amendments to the Florida Department of Community Affairs.)
Discussion was held in regard to the length of Planning Board meetings.
Mr. Cooper asked that the Board institute a three -hour cap on the length of a meeting,
with meetings ending at 10:30 p.m. Mr. Illas seconded the motion. It was agreed that the
cap would not be in place for tonight's meeting.
Vote: Approved 7 Opposed 0
IV. Public Hearings (Planning Board)
PB Minutes 11 -09 -99 2
ITEM: PB -99 -008
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI RELATING TO THE TRANSIT - ORIENTED DEVELOPMENT
DISTRICT (TODD); AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A
DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE
CREATION OF TODD SUBCATEGORIES AND USES PERMITTED THEREIN; BY
REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF
BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION 20 -8.17 TO
CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND
LI -4 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR
SEVERABILITY ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
1.The request was read into the record.
2.Staff presented the item noting that the amendment includes only technical corrections
to the TODD District.
3.Staff recommended that two additional TODD subcategories must be
included:TODD -PI ( Public/Institution) and TODD -PR ( Parks and Reccreation), in that
it has been determined that these zoning areas are included within the boundaries of the
TODD legal description.
4.The Board, and City staff discussed the following:
a. including TODD in the list of zoning use districts
b. indicating TODD subcategories on the Official Zoning Map
c. including PUD -H and PUD -R in the list of zoning use districts
5. The Public hearing was then opened.
6.Members of the public who spoke included Ms. Cathy McCann and Mr. David Tucker.
7. Concern was expressed in regard to density specifically for residential uses in the
TODD
8.The Board requested that staff work on the issue of density as soon as possible.
9.Motion: Mr. Illas moved approval of all amendments as noted, including to Section 20-
3.1 and Section 20 -8.3 and changing Li to LI. Mr. Cooper seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -009
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC
HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE
FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staffnoted corrections to Section 20- 5.5(B) and (B)(2) & (3) based upon previous
discussions.
4. The Public hearing was then opened.
5.Members of the public who spoke were Mr. George David and Ms. Yvonne Beckman
PB Minutes 11 -09 -99 3
6.Concern was expressed in regard to removing the concurrence requirement in Section
20- 5.5(B)(2), Members of the public expressed concern that the City Attorney did not
provide a source for his opinion that concurrent signatures are illegal.
7.The Board and staff discussed the following :
a. how to demonstrate the awareness requirement
b. whether or not to include concurrence
c. changing the word applicant back to person, Section 20- 5.5(B)(3)
8.Motion: Mr. Cooper moved approval .Mr. Illas seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -010
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING
SECTION 20 -4.3 (K)(1) PERTAINING TO REGULATIONS GOVERNING THE
GRANDFATHERING OF NONCONFORMING SIGNS; PROVIDING FOR
ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
l.The request was read into the record.
2.Staff presented the item to the Board noting that one correction had been made to
Section 20 -4.3 (K)(1) as
3.The Board and staff discussed the following issues:
a. language in the ordinance concerning whether a change of ownership would affect
non- conforming status.
b. language in the ordinance concerning whether or not building modification would
require replacement of a non- conforming sign.
c. future inclusion of an amortization schedule in signage regulations
4. The Public hearing was then opened
5.Ms. Cathy McCann strongly suggested that an amortization schedule to phase out non-
conforming signs be included.
6. Several Board members also felt staff should consider drafting an amortization
schedule requiring all non - conforming signs to be phased out
7.Motion: Ms Chimelis moved deferral . It was felt that staff could report back on the
subject of an amortization schedule. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -011
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED,
"PERMITTED USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING
AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS AND TO
ALLOW ANIMAL HOSPITALNETERINARIAN AS A SPECIAL USE IN
PB Minutes 11 -09 -99 4
I
CERTAIN DISTRICTS, AND BY REVISING SECTION 20- 3.4(B),
ENTITLED "SPECIAL USE CONDITIONS," IN ORDER TO ESTABLISH
CONDITIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staffpresented the item to the Board. Mr. Basu distributed a revised p.2 of the
ordinance which added a definition of quick printing
3.TheBoard and staff discussed the following:
a. language concerning hours of operation for an animal hospital
4.The public hearing was the opened
5.Mr. Zeik Guilford., an attorney representing a clinic supported the amendment.
6. It was pointed out that the provisions allow for for emergency services outside of the
specified hours of operation.
7.Motion: Mr. Coopers moved approval as so noted. Mr. Wiscombe seconded the
motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -012
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT
OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20-
7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN
DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY,
INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S
COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff as part of its presentation noted that the ordinance implements a 1998
Comprehensive Plan amendment and also places the Hometown District on the Official
Zoning Map.
3.The Board and staff discussed the following issues:
a. the definition of a story and that a story applies to a building, not a parking structure
4. The Public hearing was then opened
5.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
6.Concerns from the public included:
a. that language be made specific to show that a parking level is the same as a story
b. that language involving density and FAR be clarified
c underlying zoning should be removed if there is an overlay zone.
d. in regard to residential projects it was felt that the requirement for first floor retail
space should be reconsidered.
e. language involving FAR for the total development being 1.6 was discussed
f. it was suggested that input from ad -hoc committees studying Hometown issues be
obtained before further considering this item
PB Minutes 11 -09 -99
5
5.The Board and staff further discussed the following issues
a. that Comprehensive Plan language is being incorporated into the LDC,is required by
an amendment to the Comprehensive Plan and that the change should have taken
place within one year
b. that no new language or new intent is being introduced
c. that the Comprehensive Plan and the LDC do not have match word - for -word in
meeting the intent of the Comprehensive Plan
d. the staff suggested that more specific percentages of mixes uses could be placed in
the LDC, however this could involve certain decisions that should be reviewed by the
Howntown committee
6. Motion: Mr. Wiscombe moved deferral. Mr. Lefley seconded the motion. The staff
was asked to return with more specific standards for the LDC amendment.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -013
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO UNITY OF TITLE; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -5,
ENTITLED "PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A
DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOPMENTS, SECTION 20-
7.30, HOMETOWN DISTRICT OVERLAY ORDINANCE, AND SECTION 20 -8.16,
TRANSIT ORIENTED DEVELOPMENT DISTRICT IN ORDER TO REQUIRE THE
SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staff noted that the item places in the LDC language concerning Unity of Title, which
provides a "measure of protection" for the City.
4.The'Board and staff discussed the following:
a. the Unity of Title does not involve air rights
b. that Unity of Title will apply to any general area in the City
c. that a Unity of Title requirement be placed in the Community Service Overlay
District
d. the release of Unity of Title should require a public hearing and the condition that a
Unity of Title can only be released if the use ceases to exist.
5. The Public hearing was then opened
6.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
7.Concerns from the public included
a. that language involving across a public right -of -way or alley is not appropriate
b. that the word from be added, in reference to right -of -way, in order that the phrase
reads located across from public right -of -way or alley.
8.The Board and staff discussed the following issues
a. that a Unity of Title is directly connected to the requirements for which it was granted
PB Minutes 11 -09 -99 6
b. that substantial evidence should be shown in order to allow for a release of a Unity of
Title
c. that language regarding properties " on opposite sides of the street "be used instead of
across the street
9.Motion on amendments: Mr. Morton moved approval. Mr. Cooper seconded the
motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
Motion on ordinance, as amended: Mr. Cooper moved approval. Mr. Morton seconded
the motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
ITEM: PB -99 -014
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY SERVICE (CS)
OVERLAY ZONING DISTRICT; AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -9.3,
ENTITLED `BOUNDARIES," IN ORDER TO CLARIFY THAT THE CS OVERLAY
ZONING DISTRICT SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
l.The request was read into the record.
2.Staff presented the item to the Board.
3.Staff noted that the item will allow for the Community Service Overlay to be shown on
the Official Zoning Map.
4.The Board and staff briefly discussed the following:
a. the status of development that had occurred in the Community Service Overlay
5.Public hearing was held.
6.Members of the public who spoke included Ms. Cathy McCann.
Motion: Mr. Cooper moved approval. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -015
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF
THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC
BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON U.S.1
(SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM
RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. ( STAFF REQUESTS WITHDRAWAL OF THIS ITEM)
Staff noted that the request was withdrawn from consideration.
V. Discussion Item
PB Minutes 11 -09 -99 7
A. Request of City Commission for Planning Board's recommendation on proposed
revisions to Land Use Application Fees (H) 1 through (H) 12 of the City's Permit Fee
Schedule
Due to the lateness of the hour, the discussion item was not considered.
VI. Approval of Minutes
Minutes of October 26, 1999
The Board duly voted and approved the minutes of October 26, 1999, as submitted.
Vote: Approved 7 Opposed 0
VIL Remarks / Discussion
No remarks
VIII. Adjournment
There being no further business before the Board, the meeting was adjourned at
approximately 12:40 a.m.
= CITY OF SOUTH MIAMI
i
vINTER - OFFICE MEMORANDUM
To: Mayor & City Commission Date: November 12, 1999
From: Charles D. Scurr
City Manager 00
REQUEST:
Agenda Item # V
Re: Comm. Mtg. 11 /16/99
LDC Amendment: Application Procedures
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC HEARINGS; AMENDING CHAPTER 20
OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5
ENTITLED "APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE FILING
SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The following procedure applies to all applications requiring public hearing before the Planning
Board and City Commission. The attached ordinance amends a provision of the Land
Development Code to remove the requirement of submitting signatures of atleast 20% of all
property owners who "concur" with the application. This is based upon a legal opinion issued by
the City Attorney in July, 1999. The current requirement of providing signatures of at least 20%
of all property owners for awareness will remain in force. In addition, the ordinance also amends
the filing time and requires an applicant to submit mailing notification labels along with the
application.
The City Commission at its November 2, 1999 meeting approved this item on first reading. The
Planning Board recommended approval of the ordinance at its November 9, 1999 meeting.
RECOMMENDATION: Approval
Attachments:
Proposed Ordinance
Section 20 -5.5 Applications requiring public hearing
Memorandum from City Attorney dated July 13, 1999
I ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC
6 HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
7 DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED
8 "APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE
9 FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
10 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
I 1 EFFECTIVE DATE.
12
13
14 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
15 program to update, clarify, and improve the provisions of the City's Land Development Code;
16 and
17
18 WHEREAS, after review and consideration, the Planning and Zoning Department has
19 recommended amending certain provisions of Section 20 -5.5 pertaining to application
20 procedures for items requiring public hearings; and
21
22 WHEREAS, a specific amendment to Section 20 -5.5 was included in the Land Development
23 Code Proposed Technical Amendments 99 -A document which was reviewed by the Planning
24 Board at a public workshop held on October 26, 1999; and
25
26 WHEREAS, on November 9, 1999, after Public Hearing regarding the proposed amendment
27 to Section 20 -5.5 of the Land Development Code, the Planning Board voted 7 -0 to transmit the
28 proposed amendment to the City Commission; and
29
30 WHEREAS, the City Commission desires to accept the recommendations of the Planning
31 Board and enact the aforesaid amendment.
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
35
36 Section 1. That Section 20 -5.5, "Applications Requiring Public Hearings," and more
37 specific, subsection (B) entitled "Required Submittal," of the South Miami Land Development
38 Code is hereby amended to read as follows:
39
40 Section 20 -5.5 Applications requiring public hearings.
41
42 The following procedures shall be followed for all applications requiring a public hearing
43 before the Planning Board and City Commission, including all applications for rezoning, text
44 amendments, special uses, variances and home occupational licenses.
45
46 (C) Pre - application Conference. Prospective applicants shall first schedule a pre-
47 application meeting with the director of Building and Zoning to discuss and analyze
48 the proposed application request. No statements made or information given during
49 such pre - application conference shall be binding upon the City or prospective
50 applicant.
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(D) Required Submittal. At least twenty AHe ( thir1y(30) calendar days prior to the
first scheduled public hearing date on the application, the applicant shall file a
formal application with the Building and Zoning department. At the time of this
filing, the applications shall include:
(3) A property survey by a registered surveyor;
(4) The signatures of at least twenty (20) percent of all property owners within five
hundred (500) feet of the subject property, showing their awareness of and
^^ ffo ce yAn the proposed application;
(3) (@Three (3) sets of mailing labels containing the name and address of all
propely owners of record as reflected on the Miami -Dade County Property
_Appraiser's tax roll as updated, within a five hundred (500) foot radius of the
validity of the mailing lists,
ists,
(6) (3)A site plan showing the proposed project and all required yard setbacks and
other
requirements; and
(7) (4)The appropriate filing fee.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 1999
APPROVED:
MAYOR
Commission Vote:
Mayor Robina:
Vice Mayor Russell
Commissioner Bass:
Commissioner Bethel:
Commissioner Feliu:
20-5.4 SOUTH MIAMI LAND DEVELOPMENT CODE
20-6.4 Complete applications required.
(A) Completeness Determination. An application for any review under tts Code shall be
submitted in the appropriate format and shall contain all information required by this article.
Upon receipt of an application, the director of building and zoning shall review such applica-
tion for completeness.
(1) If the director finds that such application is not complete, he or she shall return it to
the applicant with a specific list of missing items or other deficiencies.
(2) If the director finds that such application is complete, he or she shall submit it for
processing in accordance with this Code.
(B) Filing Fee Required. No application shall be considered complete unless accompanied
by the proper filing fee.
20-5.5 Applications requiring public hearings.
The following procedures shall be followed for all applications requiring a public hearing
before the planning board and city commission, including all applications for rezoning, text
amendments, special uses, variances and home occupational licenses.
(A) Preapplication Conference. Prospective applicants shall first schedule a preapplica-
tion meeting with the director of building and zoning to discuss and analyze the proposed
application request. No statements made or information given during such preapplication
conference shall be binding upon the city or prospective applicant.
(B) Required Submittal. At least twenty -one (21) calendar days prior to the first sched-
uled public hearing date on the application, the applicant shall file a formal application with
the building and zoning department. At the time of this filing, the application shall include:
(1) A property survey by a registered surveyor;
(2) The signatures of at least twenty (20) percent of all property owners within five
hundred (500) feet of the subject property, showing their awareness of and concur-
rence with the proposed application;
(3) A site plan showing the proposed project and all required yard setbacks and other
requirements; and
(4) The appropriate filing fee.
(C) Planning Board Notice Requirements. Upon receipt of a complete application, the
building and zoning department shall prepare a Notice of Public Hearing and a location map
of the subject property At least ten (10) calendar days prior to the scheduled public hearing by
the planning board on the application, the building and zoning department shall:
(1) Mail a copy of the public hearing notice and location map to all property owners
within a five hundred (500) foot radius of the subject property;
(2) Post a sign on the subject property which identifies the nature of the pending appli-
cation, time of scheduled hearing and telephone number for further information;
Supp. No. 1 108
2.. _ _,,.' «ar, , t — , ,� ... . -. -; -.. . �r�;�, �: � -,� , .. ,. _.z � ., rW�'^'i�_ s.�., as .,. ,,,zr���ST°� ,'� •e. +fir . - ��.�'T t ti
PROCEDURES AND APPLICATIONS
20.5.6
(3) Place a legal notice in a local newspaper of general circulation which notifies the.
public of the scheduled hearing date, location of subject property and nature of ap-
plication request; and
(4) Notify the applicant of the scheduled public hearing date before the planning board.
(D) Planning Board Staff Report. A staff report shall be prepared by the building and
zoning department prior to the scheduled planning board public hearing which includes its
findings of fact relating to the application and a statement as to the compliance of the appli-
cation with this Code.
(E) Planning Board Public Hearing. The applicant or applicant's representative shall
appear at the scheduled planning board public hearing and verbally present the application
request. After presentation of the staff report and an opportunity for input and comments on
the application by the public present, the board shall make a recommendation to approve, deny
or modify the application and transmit said recommendation to the city commission.
(F) City Commission Staff Report. After the planning board public hearing, the building
and zoning department shall prepare a revised staff report for the city commission which
incorporates the board recommendation, minutes of the public hearing and any adjustments or
changes to its initial report that it deems appropriate as a result of testimony presented during
the planning board public hearing.
(G) Commission Meeting Notice Requirements. At least ten (10) calendar days prior to the
scheduled public hearing by the city commission on the application, the city clerk shall:
(1) Mail a copy of the hearing notice and map to all property owners within a five
hundred (500) foot radius of the subject property in the application;
(2) Post a sign on the subject property which identifies the nature of the pending appli-
cation, time of scheduled public hearing and telephone number for further informa-
tion;
(3) Place a legal notice in a local newspaper of general circulation which notifies the
public of the scheduled hearing date, location of subject property and nature of ap-
plication request; and
(4) Notify the applicant of the scheduled public hearing date before the city commission.
(H) City Commission Public Hearing. The applicant shall appear at the scheduled public
hearing before the city commission and verbally present the application request. After the
public hearing, the city commission shall approve, deny or modify the application.
20.5.6 Applications in general.
(A) General Requirements. All applications shall be submitted and processed pursuant to
the requirements of this Code and shall be submitted by the owner of the property or an
authorized agent of such owner on application forms available in the department of building
and zoning. The director may require reasonable proof of agency from any agent.
109
E7"_
CITY OF SOUTH MIAMI
INTER- OFFICE MSKORANDUM
To: Subrata Basu,
Planning & Zoning Dir.
From: Earl G. Gallop
Date: July 13, 1999
Re: LDRs; unenforceability of § 20-
5.5(B)(2), concurrence requirement
Subject: You requested advice whether, and to what extent, the requirements of § 20-
5.5(B)(2) of the land development code are enforceable. That section requires an applicant
for a development permit to submit the signatures of at least 20% of the property owners
within 500 feet of the property, showing their awareness of, and concurrence with, the
proposed development.
Summary: The requirement to demonstrate that at least 20% of the nearby property owners
are aware of the application is enforceable; the requirement that they consent to the
application is not.
Discussion: A requirement that an applicant demonstrate that a designated percentage of
surrounding property owners are aware of an application for a development 'permit is a
heightened notice requirement. A heightened notice requirement is one that exceeds the
minimum legal notice requirements. Heightened notice requirements are favored in law and
are always enforceable. While literal compliance with the prescribed notice requirement is
desired, at a minimum, substantial compliance is sufficient if the spirit and intent of the
requirement has been met. For instance, if an application, such as the application for the
Rum Bum project, does not contain the requisite number of signatures, an affidavit attesting
that notice of the application was mailed all of the property owners within 500 feet of the
development is sufficient. Unless the notice was mailed by certified mail, the affidavit might
be subject to attack upon a demonstration by a significant number of owners that they did
not, in fact, receive the mailed notice.
A property owner concurrence requirement is illegal and unenforceable. The city
commission has a duty to determine whether applications for development permits are
consistent with the comprehensive plan and meet the applicable requirements of the land
development code. The determinations must be made at a quasi - judicial hearing and be
based upon competent substantial evidence in the record. The public is incapable of
satisfying the legal requirements for making such a determination
Cc: Mayor and city commission; Charlcs Sour
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 Daily Business
Review fWa 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
NOTICE OF PUBLIC HEARING
NOVEMBER 16, 1999
In the ............ XXXXXX • . • Court,
X
1V &u lh�ed Iryj$tiewspaper In the issues of
Affiant further says that the said Miami Daily Business
Review Is a newspaper published at Miami In said Dade
County, Florida, and that the said 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 mail matter at the post
office in Miami In said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
cop dvertisement; and affiant further says that she has
net er Id nor promised any person, firm or corporation
an dis unt, rebate, commission or refund for the purpose
of ec ng this jdvertissment for publication in the said
ZMoveTllo r/
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CC66`004
VV AiMAMOSION EXPIRE
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct a Public Hearing during its .regular
City Commission meeting Tuesday, November 16, 1999 beginning at
7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to
consider the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE YEAR 2000 GENERAL ELECTION OF THE MAYOR
AND CITY COMMISSIONERS FOR GROUPS I, II AND III
AND POSSIBLE CHARTER AMENDMENTS; SCHEDULING
THE DAY, PLACE AND TIME OF THE ELECTION; PROVID-
ING FOR QUALIFICATION OF CANDIDATES; PROVIDING
FOR CLOSE OF ELECTION BOOKS; APPROVING THE
OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CON-
FLICT, AND AN EFFECTIVE DATE. (1st Reading November
2, 1999)
Inquiries concerning this item should be directed to the City Clerk's:.;
Office at: 305- 663 -6340
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION t
OF THE CITY OF SOUTH MIAMI; FLORIDA, RELATING TO
THE TRANSIT- ORIENTED DEVELOPMENT DISTRICT 4a
(TODD); AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING
SECTION 20 -3.1 TO INCLUDE A DESCRIPTION OF TODD,
BY REVISING SECTION 20 -8.3 TO CLARIFY THE CREA-
TION OF TODD SUBCATEGORIES AND USES PERMIT-
TED THEREIN; BY REVISING SECTION 20- 8.9(D) TO
CLARIFY THE ALLOWABLE HEIGHT OF BUILDINGS IN
THE MU -5 SUBCATEGORY; BY REVISING SECTION 20-
8.17 TO CLARIFY THE TWO STORY HEIGHT LIMIT OF
BUILDINGS IN THE MU -4 AND LI -4 SUBCATEGORIES;
PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABI-
LITY AND PROVIDING AN EFFECTIVE DATE. (1st Reading
November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
APPLICATIONS REQUIRING PUBLIC HEARINGS; AMEND-
ING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20-5.5
ENTITLED 'APPLICATIONS REQUIRING PUBLIC HEAR-
INGS;' IN ORDER TO AMEND THE FILING SCHEDULE
AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT, AND PROV-
IDING AN EFFECTIVE DATE. (1st Reading - November 2,
1999) .
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
NONCONFORMING SIGNS; AMENDING CHAPTER 20 OF
THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
SECTION 20 -4, SIGN REGULATIONS, BY REVISING SEC-
TION 20 -4.3 (K) (1) PERTAINING TO REGULATIONS GOV-
ERNING THE GRANDFATHERING OF NONCONFORMING
SIGNS; PROVIDING FOR ORDINANCES IN CONFLICT,,: ;
SEVERABILITY, AND AN EFFECTIVE DATE. (1st Reading -
November 2, 1999)
v
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Summary Minutes
Tuesday, November 9,1999
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Mr. Morton, Chair, called the meeting to order at 7:32 p.m.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Mr. Cooper, Ms. Gibson, Ms. Chimelis, Mr. Lefley, Mr. Wiscombe, Mr.
Illas
City staff present
Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis
(Temporary Planning Staff); David Struder (Board Secretary)
III. Public Hearing (Planning Board acting as Local Planning Agency)
Amendment 99 -3 (Continued from LPA Meeting of October 26, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING AMENDMENT 99 -3 TO THE ADOPTED COMPREHENSIVE PLAN IN
ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS
REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER
SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
1. The Chair reported that this item was being carried over from the last meeting.
2. Mr. Cooper indicated that the City Attorney had advised that he did not have a conflict
of interest and therefore could vote on the issue.
3. Staff introduced the guest speaker, Ms. Terry Manning, of the South Florida Regional
Planning Council.
PB Minutes 11 -09 -99
4 Mr. Basu noted corrections that were made based upon discussions at the last meeting.
He provided an updated draft reflecting the modifications (ex. Table 3 -21, page 5).
5.The Board, City staff, including Ms. Diana Morris (CRA Director), and Ms. Manning
discussed the following issues:
a. what constitutes a realistic number of affordable housing units that may be built
b. whether or not all income categories, particularly the 30% range, is properly
addressed
c. whether or not to include specific providers of affordable housing in the
language
d. how best to measure progress in meeting goals, such as by numbers or by
percentages
e. what language to include in the text of the Housing Element,
6. The Public hearing was then opened..
7.Members of the public who spoke included Ms. Cathy McCann, Mr. David Tucker, Sr.,
and Ms. Yvonne Beckman.
8.Ms. Manning provided an information sheet showing the definition of affordable
housing and home price ranges and rent ranges for Broward, Miami -Dade, and Monroe
Counties.
9.Staff summarized the proposed modifications, including:
a. Policy 1.3.5 — strike reference to Habitat for Humanity
b. Policies 1.3.6 & 7 - no changes to text language
c. Objective 1.3 — include language noting that 30 units, plus 100 units from the
proposed Hometown Station by the year 2005, and an additional anticipated 150 units by
the year 2010 (reducing the future deficit of affordable housing by
d. Policies 1.3.1, 2, 3, & 4 — no changes
10. Staff noted that a workshop will be scheduled to further address the issue of
affordable housing.
11.Motion: Mr. Cooper moved approval of the proposed amendment, as revised Ms.
Chimelis seconded the motion.
Vote: Approved 7 Opposed 0
(The purpose of the above hearing was to allow for the City of South Miami Planning
Board, serving in its capacity as the Local Planning Agency (LPA), to make
recommendations to the City Commission regarding transmittal of the proposed
Comprehensive Plan amendments to the Florida Department of Community Affairs.)
Discussion was held in regard to the length of Planning Board meetings.
Mr. Cooper asked that the Board institute a three -hour cap on the length of a meeting,
with meetings ending at 10:30 p.m. Mr. Illas seconded the motion. It was agreed that the
cap would not be in place for tonight's meeting.
Vote: Approved 7 Opposed 0
IV. Public Hearings (Planning Board)
PB Minutes 11 -09 -99 2
ITEM: PB -99 -008
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI RELATING TO THE TRANSIT - ORIENTED DEVELOPMENT
DISTRICT (TODD); AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A
DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE
CREATION OF TODD SUBCATEGORIES AND USES PERMITTED THEREIN; BY
REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF
BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION 20 -8.17 TO
CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND
LI -4 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR
SEVERABILITY ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
1.The request was read into the. record.
2.Staff presented the item noting that the amendment includes only technical eorrections
to the TODD District.
3.Staff recommended that two additional TODD subcategories must be
included:TODD -PI ( Public/Institution) and TODD -PR ( Parks and Reccreation), in that
it has been determined that these zoning areas are included within the boundaries of the
TODD legal description.
4.The Board, and City staff discussed the following:
a. including TODD in the list of zoning use districts
b. indicating TODD subcategories on the Official Zoning Map
c. including PUD -H and PUD -R in the list of zoning use districts
5. The Public hearing was then opened.
6.Members of the public who spoke included Ms. Cathy McCann and Mr. David Tucker.
7. Concern was expressed in regard to density specifically for residential uses in the
TODD
8.The Board requested that staff work on the issue of density as soon as possible.
9.Motion: Mr. Illas moved approval of all amendments as noted, including to Section 20-
3.1 and Section 20 -8.3 and changing Li to LI. Mr. Cooper seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -009
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC
HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE
FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
I .The request was read into the record.
2. Staff presented the item to the Board.
3.Staffnoted corrections to Section 20- 5.5(B) and (B)(2) & (3) based upon previous
discussions.
4. The Public hearing was then opened.
5.Members of the P ublic who spoke were Mr. George David and Ms. Yvonne Beckman
P
PB Minutes 11 -09 -99 3
6.Concern was expressed in regard to removing the concurrence requirement in Section
20- 5.5(B)(2), Members of the public expressed concern that the City Attorney did not
provide a source for his opinion that concurrent signatures are illegal.
7.The Board and staff discussed the following :
a. how to demonstrate the awareness requirement
b. whether or not to include concurrence
c. changing the word applicant back to person, Section 20- 5.5(B)(3)
8.Motion: Mr. Cooper moved approval .Mr. Illas seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -010
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING
SECTION 20 -4.3 (K)(1) PERTAINING TO REGULATIONS GOVERNING THE
GRANDFATHERING OF NONCONFORMING SIGNS; PROVIDING FOR
ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
1.The request was read into the record.
2.Staffpresented the item to the Board noting that one correction had been made to
Section 20 -4.3 (K)(1) as
3.The Board and staff discussed the following issues:
a. language in the ordinance concerning whether a change of ownership would affect
non - conforming status.
b. language in the ordinance concerning whether or not building modification would
require replacement of a non- conforming sign.
c. future inclusion of an amortization schedule in signage regulations
4. The Public hearing was then opened
5.Ms. Cathy McCann strongly suggested that an amortization schedule to phase out non-
conforming signs be included.
6. Several Board members also felt staff should consider drafting an amortization
schedule requiring all non - conforming signs to be phased out
7.Motion: Ms Chimelis moved deferral . It was felt that staff could report back on the
subject of an amortization schedule. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -011
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED,
"PERMITTED USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING
AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS AND TO
ALLOW ANIMAL HOSPITALNETERINARIAN AS A SPECIAL USE IN
PB Minutes 11 -09 -99
4
CERTAIN DISTRICTS, AND BY REVISING SECTION 20- 3.4(B),
ENTITLED "SPECIAL USE CONDITIONS," IN ORDER TO ESTABLISH
CONDITIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
l.The request was read into the record.
2.Staffpresented the item to the Board. Mr. Basu distributed a revised p.2 of the
ordinance which added a definition of quick printing
3.The Board and staff discussed the following:
a. language concerning hours of operation for an animal hospital
4.The public hearing was the opened
5.Mr. Zeik Guilford., an attorney representing a clinic supported the amendment.
6. It was pointed out that the provisions allow for for emergency services outside of the
specified hours of operation.
7.Motion: Mr. Coopers moved approval as so noted. Mr. Wiscombe seconded the
motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -012
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT
OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20-
7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN
DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY,
INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S
COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff as part of its presentation noted that the ordinance implements a 1998
Comprehensive Plan amendment and also places the Hometown District on the Official
Zoning Map.
3.The Board and staff discussed the following issues:
a. the definition of a story and that a story applies to a building, not a parking structure
4. The Public hearing was then opened
5.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
6.Concerns from the public included:
a. that language be made specific to show that a parking level is the same as a story
b. that language involving density and FAR be clarified
c underlying zoning should be removed if there is an overlay zone.
d. in regard to residential projects it was felt that the requirement for first floor retail
space should be reconsidered.
e. language involving FAR for the total development being 1.6 was discussed
f. it was suggested that input from ad -hoc committees studying Hometown issues be
obtained before further considering this item
PB Minutes 11 -09 -99
5
5.The Board and staff further discussed the following issues
a. that Comprehensive Plan language is being incorporated into the LDC,is required by
an amendment to the Comprehensive Plan and that the change should have taken
place within one year
b. that no new language or new intent is being introduced
c. that the Comprehensive Plan and the LDC do not have match word - for -word in
meeting the intent of the Comprehensive Plan
d. the staff suggested that more specific percentages of mixes uses could be placed in
the LDC, however this could involve certain decisions that should be reviewed by the
Howntown committee
6. Motion: Mr. Wiscombe moved deferral. Mr. Lefley seconded the motion. The staff
was asked to return with more specific standards for the LDC amendment.
Vote: Approved 7 Opposed, 0
ITEM: PB -99 -013
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO UNITY OF TITLE; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -5,
ENTITLED "PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A
DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOPMENTS, SECTION 20-
7.30, HOMETOWN DISTRICT OVERLAY ORDINANCE, AND SECTION 20 -8.16,
TRANSIT ORIENTED DEVELOPMENT DISTRICT IN ORDER TO REQUIRE THE
SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staffnoted that the item places in the LDC language concerning Unity of Title, which
provides a "measure of protection" for the City.
4.The Board and staff discussed the following:
a. the Unity of Title does not involve air rights
b. that Unity of Title will apply to any general area in the City
c. that a Unity of Title requirement be placed in the Community Service Overlay
District
d. the release of Unity of Title should require a public hearing and the condition that a
Unity of Title can only be released if the use ceases to exist.
5. The Public hearing was then opened
6.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
7.Concerns from the public included
a. that language involving across a public right -of -way or alley is not appropriate
b. that the word from be added, in reference to right -of -way, in order that the phrase
reads located across from public right -of -way or alley.
8.The Board and staff discussed the following issues
a. that a Unity of Title is directly connected to the requirements for which it was granted
PB Minutes 11 -09 -99 6
b. that substantial evidence should be shown in order to allow for a release of a Unity of
Title
c. that language regarding properties " on opposite sides of the street "be used instead of
across the street
9.Motion on amendments: Mr. Morton moved approval. Mr. Cooper seconded the
motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
Motion on ordinance, as amended: Mr. Cooper moved approval. Mr. Morton seconded
the motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
ITEM: PB -99 -014
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY SERVICE (CS)
OVERLAY ZONING DISTRICT; AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -9.3,
ENTITLED `BOUNDARIES," IN ORDER TO CLARIFY THAT THE CS OVERLAY
ZONING DISTRICT SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2. Staff presented the item to the Board.
3.Staff noted that the item will allow for the Community Service Overlay to be shown on
the Official Zoning Map.
4.The Board and staff briefly discussed the following:
a. the status of development that had occurred in the Community Service Overlay
5.Public hearing was held.
6.Members of the public who spoke included Ms. Cathy McCann.
Motion: Mr. Cooper moved approval. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -015
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF
THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC
BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON U.S.1
(SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM
RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. ( STAFF REQUESTS WITHDRAWAL OF THIS ITEM)
Staff noted that the request was withdrawn from consideration.
V. Discussion Item
PB Minutes 11 -09 -99
7
A. Request of City Commission for Planning Board's recommendation on proposed
revisions to Land Use Application Fees (H) 1 through (H) 12 of the City's Permit Fee
Schedule -
Due to the lateness of the hour, the discussion item was not considered.
VI. Approval of Minutes
Minutes of October 26, 1999
The Board duly voted and approved the minutes of October 26, 1999, as submitted.
Vote: Approved 7 Opposed 0
VII. Remarks / Discussion
No remarks
VIII. Adjournment
There being no further business before the Board, the meeting was adjourned at
approximately 12:40 a.m.
PB Minutes 11 -09 -99
8
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission Date: November 12,1999
From: Charles D. Scurr Agenda Item # I t
City Manager Re: Comm. Mtg.11 /16/99
�D LD.0 Amendment: Signage
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO NONCONFORMING SIGNS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING SECTION 20 -4.3 (K)(1)
PERTAINING TO REGULATIONS GOVERNING THE GRANDFATHERING OF NONCONFORMING SIGNS;
PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The Land Development Code (LDC) in Section 20 -4.3 Sign Regulations contains a provision (K)(1)
which allows for the continuation of existing sign notwithstanding the fact that current regulations
would prohibit the sign. If the sign was legal when originally installed, it may remain as long as the
sign is not altered, modified, expanded or "copy" changed. This is a typical "grandfathering" clause.
This prohibition can become a hardship in cases of simple change of business name on a detached sign
with multiple billings. As long as the ownership, size, shape, and location remain the same, a change
of copy on a detached sign should be allowed.
This item was approved on first reading by the City Commission at its November 2, 1999, meeting.
The Planning Board at its November 9, 1999 meeting deferred acting upon the proposed ordinance.
RECOMMENDATION: Deferral
Attachment:
Proposed Ordinance
Section 20- 4.3(K)
I ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS;
6 AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
7 DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING
8 SECTION 20 -4.3 (K)(1) PERTAINING TO REGULATIONS GOVERNING THE
9 GRANDFATHERING OF NONCONFORMING SIGNS; PROVIDING FOR
10 ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
14 program to update, clarify, and improve the provisions of the City's Land Development Code; and
15
16 WHEREAS, after review and consideration, the Planning and Zoning Department has
17 recommended a revision of Section 20 -4.3 (K)(1) pertaining to the grandfathering of nonconforming
18 signs; and
19
20 WHEREAS, a specific amendment to Section 20 -4.3 (K)(1) was included in the Land
21 Development Code Proposed Technical Amendment 99 -A document which was reviewed by the
22 Planning Board at a public workshop held on October 26, 1999; and
23
24 WHEREAS, on , 1999, after Public Hearing regarding the proposed amendment
25 to Section 20 -4.3 (K)(1) of the Land Development Code, the Planning Board voted
26 to transmit the proposed amendment to the City Commission; and
27
28 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board
29 and enact the aforesaid amendment.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
32 OF THE CITY OF SOUTH MIAMI, FLORIDA:
33
34 Section 1 That Section 20 -4.3, "Sign Regulations" and, more specific, subsection
35 (K)(1), thereof, entitled "Nonconforming Signs, of the South Miami Land Development Code is
36 hereby amended to read as follows:
37
38 "(K) Nonconforming Signs.
39
40 (4) All existing signs, legal when originally installed, may remain as legal, nonconforming signs
41 (referred to as "grandfathered "). Any "grandfathered" sign may be repaired; however, any
42 alterations,. modifications, changes of copy, or expansions will be considered a new sign.
43 Changes of copy are permitted on "grandfathered" detached sins
44
45 (5) Signs erected, constructed, posted, painted, altered or relocated without a permit shall be
46 brought into compliance or removed. If such signs are not brought into compliance or removed
47 after notification by the City, the City may remove said signs and charge the owner of the
48 property for the removal.
49
50 (6) Any sign installed or placed on public property, except in conformance with the requirements of
51 this section, shall be forfeited to the public and subject to confiscation. The City shall have the
1 right to recover from the owner or person placing such a sign the full cost of removal and
2 disposal of such a sign."
3
4 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
5 are hereby repealed.
6
7 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
8 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity
9 of the remaining portions of this ordinance.
10
11 Section 4. This ordinance shall take effect immediately at the time of its passage.
12
13
14 -- PASSED AND ADOPTED this day of 1999
15
16 ATTEST: APPROVED:
17
18
19
20 CITY CLERK MAYOR
21
22 Commission Vote:
23 READ AND APPROVED AS TO FORM: Mayor Robina:
24 Vice Mayor Russell
25 Commissioner Bass:
26 Commissioner Bethel:
27 Commissioner Feliu:
28 CITY ATTORNEY
20-4.3 SOUTH MIAMI LAND DEVELOPMENT CODE
W Permit Application Requirements. Applications for all signs, excluding signs under
subsection (C), shall contain the following
(1) Survey or an accurate site plan of the lot depicting the location of all public and private
streets, existing signage locations, buildings, parking lots, driveways, and landscaped
areas;
(2) An accurate indication on the site plan of the proposed location of each proposed sign;
(3) Properly dimensioned and scaled drawings and descriptions showing sign proportions,
location of each sign on the buildings, color scheme, lettering or graphic style, material,
lighting, and other information which depicts the proposed sign;
(4) Completed building permit application and electrical permit application (if needed);
and
(5) Building permit and electrical drawings as required by the South Florida Building
Code.
K) Nonconforming Signs.
(1) All existing signs, legal when originally installed, may remain as legal, non-
conforming signs (referred to as "grandfathered "). Any "grandfathered" sign may be
repaired; however, any alterations, modifications, changes of copy, or expansions will
be considered a new sign.
(2) Signs erected, constructed, posted, painted, altered, or relocated without a permit shall
be brought into compliance or removed. If such signs are not brought into compliance
or removed after notification by the City, the City may remove said signs and charge
the owner of the property for the removal.
(3) Any sign installed or placed on public property, except in conformance with the
requirements of this section, shall be forfeited to the public and subject to confiscation.
The City shall have the right to recover from the owner or person placing such a sign
the full cost of removal and disposal of such sign.
(L) Additional Signage. Other types of signs, not expressly permitted by regulations stated
in Section 20- 4.3(I), may be approved by the Environmental Review and Preservation Board
(ERPB) when the following conditions are met:
(1) That the proposed sign is not prohibited by Section 20- 4.3(E);
(2) That the proposed sign conforms to the South Florida Building Code and other code
regulations, as applicable;
(3) That the proposed additional sign on the building does not occupy more than 30% of
the facade on which it is proposed to be installed or more than 20% of any window area;
and
(4) Detached signs may be permitted on any commercial property with the approval of the
Environmental Review and Preservation Board, including detached signs that exceed
the permitted location and height standards set forth in Section 20- 4.3(I).
Supp. No. 2
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 Daily Business
Review f/k/a Miami Review, a daily (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
NOTICE OF PUBLIC HEARING
NOVEMBER 16, 1999
In the .......... ....
XXXXXXX , . _ , , . Court,
wpgp`b11 ad in,saidnewspaper in the Issues of
Affiant further says that the said Miami Daily Business
Review Is a newspaper published at Miami in said Dade
County, Florida, and that the said 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 mail matter at the post
office In Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
cordlel dvertisement; and affiant further says that she has
ne Id nor promised any person, firm or corporation
an unt, rebate, commission or refund for the purpose
of ng this jdvertisement for publication in the said
rh to andwsuscrlKeQ b�t"ore me t 1
ovem r / //� yy
......... IWy 11V / .......... �. ,/., .f .Z.. /. A.D. 19., —
(SEAL) WQIW*cqAn JA fLLER&idA
Sookie Wllllams toonsis"eN Numsim
CC666004
W 1111OMMIb10N E)MM
q
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct a Public Hearing during its regular
City Commission meeting Tuesday, November 16, 1999 beginning at
7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to
consider the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE YEAR 2000 GENERAL ELECTION OF THE MAYOR
AND CITY COMMISSIONERS FOR GROUPS I, 11 AND III
AND POSSIBLE CHARTER AMENDMENTS; SCHEDULING
THE DAY, PLACE AND TIME OF THE ELECTION; PROVID-
ING FOR QUALIFICATION OF CANDIDATES; PROVIDING
FOR CLOSE OF ELECTION BOOKS; APPROVING THE
OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CON-
FLICT, AND AN EFFECTIVE DATE. (1st Reading November
2, 1999)
Inquiries concerning this item should be directed to the City Clerk's-;
Office at: 305 - 663 -6340
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI; FLORIDA, RELATING TO
THE TRANSIT - ORIENTED DEVELOPMENT DISTRICT
(TODD); AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING
SECTION 20 -3.1 TO INCLUDE A DESCRIPTION OF TODD,
BY REVISING SECTION 20 -8.3 TO CLARIFY THE CREA-
TION OF TODD SUBCATEGORIES AND USES PERMIT-
TED THEREIN; BY REVISING SECTION 20- 8.9(0) TO
CLARIFY THE ALLOWABLE HEIGHT OF BUILDINGS IN
THE MU -5 SUBCATEGORY; BY REVISING SECTION 20-
8.17 TO CLARIFY THE TWO STORY HEIGHT LIMIT OF
BUILDINGS IN THE MU -4 AND LI -4 SUBCATEGORIES;
PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABI-
LITY AND PROVIDING AN EFFECTIVE DATE. (1st Reading
- November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
APPLICATIONS REQUIRING PUBLIC HEARINGS; AMEND-
ING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5
ENTITLED "APPLICATIONS REQUIRING PUBLIC HEAR-
INGS;" IN ORDER TO AMEND THE FILING SCHEDULE
AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT, AND PROV-
IDING AN EFFECTIVE DATE. (1st Reading - November 2,
1999) .
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
NONCONFORMING SIGNS; AMENDING CHAPTER 20 OF
THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
SECTION 20 -4, SIGN REGULATIONS, BY REVISING SEC-
TION 20 -4.3 (K) (1) PERTAINING TO REGULATIONS GOV-
ERNING THE GRANDFATHERING OF NONCONFORMING
SIGNS; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, AND AN EFFECTIVE DATE. (1st Reading -
November 2, 1999)
m -3 ..,�
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Summary Minutes
Tuesday, November 9,1999
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Mr. Morton, Chair, called the meeting to order at 7:32 p.m.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Mr. Cooper, Ms. Gibson, Ms. Chimelis, Mr. Lefley, Mr. Wiscombe, Mr.
Illas
City staff present
Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis
(Temporary Planning Staff); David Struder (Board Secretary)
III. Public Hearing (Planning Board acting as Local Planning Agency)
Amendment 99 -3 (Continued from LPA Meeting of October 26, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING AMENDMENT 99 -3 TO THE ADOPTED COMPREHENSIVE PLAN IN
ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS
REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER
SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
1. The Chair reported that this item was being carried over from the last meeting.
2. Mr. Cooper indicated that the City Attorney had advised that he did not have a conflict
of interest and therefore could vote on the issue.
3. Staff introduced the guest speaker, Ms. Terry Manning, of the South Florida Regional
Planning Council.
PB Minutes 11 -09 -99
4 Mr. Basu noted corrections that were made based upon discussions at the last meeting.
He provided an updated draft reflecting the modifications (ex. Table 3 -21, page 5).
5.The Board, City staff, including Ms. Diana Morris (CRA Director), and Ms. Manning
discussed the following issues:
a. what constitutes a realistic number of affordable housing units that may be built
b. whether or not all income categories, particularly the 30% range, is properly
addressed
c. whether or not to include specific providers of affordable housing in the
language
d. how best to measure progress in meeting goals, such as by numbers or by
percentages
e. what language to include in the text of the Housing Element,
6. The Public hearing was then opened..
7.Members of the public who spoke included Ms. Cathy McCann, Mr. David Tucker, Sr.,
and Ms. Yvonne Beckman.
8.Ms. Manning provided an information sheet showing the definition of affordable
housing and home price ranges and rent ranges for Broward, Miami -Dade, and Monroe
Counties.
9. Staff summarized the proposed modifications, including:
a. Policy 1.3.5 — strike reference to Habitat for Humanity
b. Policies 1.3.6 & 7 - no changes to text language
c. Objective 1.3 — include language noting that 30 units, plus 100 units from the
proposed Hometown Station by the year 2005, and an additional anticipated 150 units by
the year 2010 (reducing the future deficit of affordable housing by
d. Policies 1.3.1, 2, 3, & 4 — no changes
10. Staff noted that a workshop will be scheduled to further address the issue of
affordable housing.
11.Motion: Mr. Cooper moved approval of the proposed amendment, as revised Ms.
Chimelis seconded the motion.
Vote: Approved 7 Opposed 0
(The purpose of the above hearing was to allow for the City of South Miami Planning
Board, serving in its capacity as the Local Planning Agency (LPA), to make
recommendations to the City Commission regarding transmittal of the proposed
Comprehensive Plan amendments to the Florida Department of Community Affairs.)
Discussion was held in regard to the length of Planning Board meetings.
Mr. Cooper asked that the Board institute a three -hour cap on the length of a meeting,
with meetings ending at 10:30 p.m. Mr. Illas seconded the motion. It was agreed that the
cap would not be in place for tonight's meeting.
Vote: Approved 7 Opposed 0
IV. Public Hearings (Planning Board)
PB Minutes 11 -09 -99
2
J
ITEM: PB -99 -008
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI RELATING TO THE TRANSIT - ORIENTED DEVELOPMENT
DISTRICT (TODD); AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A
DESCRIPTION OF TODD, BY REVISING. SECTION 20 -8.3 TO CLARIFY THE
CREATION OF TODD SUBCATEGORIES AND USES PERMITTED THEREIN; BY
REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF
BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION 20 -8.17 TO
CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND
LI -4 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR
SEVERABILITY ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
1.The request was read into the, record.
2.Staff presented the item noting that the amendment includes only technical corrections
to the TODD District.
3.Staff recommended that two additional TODD subcategories must be
included:TODD -PI ( Public/Institution) and TODD -PR ( Parks and Reccreation), in that
it has been determined that these zoning areas are included within the boundaries of the
TODD legal description.
4.The Board, and City staff discussed the following:
a. including TODD in the list of zoning use districts
b. indicating TODD subcategories on the Official Zoning Map
c. including PUD -H and PUD -R in the list of zoning use districts
5. The Public hearing was then opened.
6.Members of the public who spoke included Ms. Cathy McCann and Mr. David Tucker.
7. Concern was expressed in regard to density specifically for residential uses in the
TODD
8.The Board requested that staff work on the issue of density as soon as possible.
9.Motion: Mr. Illas moved approval of all amendments as noted, including to Section 20-
3.1 and Section 20 -8.3 and changing Li to LI. Mr. Cooper seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -009
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC
HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE
FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
1.The request was read into the record.
2.Staffpresented the item to the Board.
3.Staff noted corrections to Section 20- 5.5(B) and (B)(2) & (3) based upon previous
discussions.
4. The Public hearing was then opened.
5.Members of the public who spoke were Mr. George David and Ms. Yvonne Beckman
PB Minutes 11 -09 -99 3
6.Concern was expressed in regard to removing the concurrence requirement in Section
20- 5.5(B)(2), Members of the public expressed concern that the City Attorney did not
provide a source for his opinion that concurrent signatures are illegal.
7.The Board and staff discussed the following:
a. how to demonstrate the awareness requirement
b. whether or not to include concurrence
c. changing the word applicant back to person, Section 20- 5.5(B)(3)
8.Motion: Mr. Cooper moved approval .Mr. Illas seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -010
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING
SECTION 20 -4.3 (K)(1) PERTAINING TO REGULATIONS GOVERNING THE
GRANDFATHERING OF NONCONFORMING SIGNS; PROVIDING FOR
ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
l.The request was read into the record.
2.Staffpresented the item to the Board noting that one correction had been made to
Section 20 -4.3 (K)(1) as
3.The Board and staff discussed the following issues:
a. language in the ordinance concerning whether a change of ownership would affect
non - conforming status.
b. language in the ordinance concerning whether or not building modification would
require replacement of a non- conforming sign.
c. future inclusion of an amortization schedule in signage regulations
4. The Public hearing was then opened
5.Ms. Cathy McCann strongly suggested that an amortization schedule to phase out non-
conforming signs be included.
6. Several Board members also felt staff should consider drafting an amortization
schedule requiring all non - conforming signs to be phased out
7.Motion: Ms Chimelis moved deferral . It was felt that staff could report back on the
subject of an amortization schedule. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -011
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED,
"PERMITTED USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING
AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS AND TO
ALLOW ANIMAL HOSPITALNETERINARIAN AS A SPECIAL USE IN
PB Minutes 11 -09 -99
4
CERTAIN DISTRICTS, AND BY REVISING SECTION 20- 3.4(B),
ENTITLED "SPECIAL USE CONDITIONS," IN ORDER TO ESTABLISH
CONDITIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board. Mr. Basu distributed a revised p.2 of the
ordinance which added a definition of quick printing
3.The Board and staff discussed the following:
a. language concerning hours of operation for an animal hospital
4.The public hearing was the opened
5.Mr. Zeik Guilford., an attorney representing a clinic supported the amendment.
6. It was pointed out that the provisions allow for for emergency services outside of the
specified hours of operation.
7.Motion: Mr. Coopers moved approval as so noted. Mr. Wiscombe seconded the
motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -012
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT
OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20-
7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN
DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY,
INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S
COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff as part of its presentation noted that the ordinance implements a 1998
Comprehensive Plan amendment and also places the Hometown District on the Official
Zoning Map.
3.The Board and staff discussed the following issues:
a. the definition of a story and that a story applies to a building, not a parking structure
4. The Public hearing was then opened
5.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
6.Concerns from the public included:
a. that language be made specific to show that a parking level is the same as a story
b. that language involving density and FAR be clarified
c underlying zoning should be removed if there is an overlay zone.
d. in regard to residential projects it was felt that the requirement for first floor retail
space should be reconsidered.
e. language involving FAR for the total development being 1.6 was discussed
f. it was suggested that input from ad -hoc committees studying Hometown issues be
obtained before further considering this item
PB Minutes 11 -09 -99
5
5.The Board and staff further discussed the following issues
a. that Comprehensive Plan language is being incorporated into the LDC,is required by
an amendment to the Comprehensive Plan and that the change should have taken
place within one year
b. that no new language or new intent is being introduced
c. that the Comprehensive Plan and the LDC do not have match word- for -word in
meeting the intent of the Comprehensive Plan
d. the staff suggested that more specific percentages of mixes uses could be placed in
the LDC, however this could involve certain decisions that should be reviewed by the
Howntown committee
6. Motion: Mr. Wiscombe moved deferral. Mr. Lefley seconded the motion. The staff
was asked to return with more specific standards for the LDC amendment.
Vote: Approved 7 Opposed,0
ITEM: PB -99 -013
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO UNITY OF TITLE; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -5,
ENTITLED "PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A
DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOPMENTS, SECTION 20-
7.30, HOMETOWN DISTRICT OVERLAY ORDINANCE, AND SECTION 20 -8.16,
TRANSIT ORIENTED DEVELOPMENT DISTRICT IN ORDER TO REQUIRE THE
SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staff noted that the item places in the LDC language concerning Unity of Title, which
provides a "measure of protection" for the City.
4.The Board and staff discussed the following:
a. the Unity of Title does not involve air rights
b. that Unity of Title will apply to any general area in the City
c. that a Unity of Title requirement be placed in the Community Service Overlay
District
d. the release of Unity of Title should require a public hearing and the condition that a
Unity of Title can only be released if the use ceases to exist.
5. The Public hearing was then opened
6.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
'i Mr. George David.
7.Concerns from the public included
a. that language involving across a public right -of -way or alley is not appropriate
b. that the word from be added, in reference to right -of -way, in order that the phrase
reads located across from public right -of -way or alley. ,
8.The Board and staff discussed the following issues
a. that a Unity of Title is directly connected to the requirements for which it was granted
PB Minutes 11 -09 -99 6
b. that substantial evidence should be shown in order to allow for a release of a Unity of
Title
c. that language regarding properties " on opposite sides of the street "be used instead of
across the street
9.Motion on amendments: Mr. Morton moved approval. Mr. Cooper seconded the
motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
Motion on ordinance, as amended: Mr. Cooper moved approval. Mr. Morton seconded
the motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
ITEM: PB -99 -014
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY SERVICE (CS)
OVERLAY ZONING DISTRICT; AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -9.3,
ENTITLED `BOUNDARIES," IN ORDER TO CLARIFY THAT THE CS OVERLAY
ZONING DISTRICT SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
l.The request was read into the record.
2.Staffpresented the item to the Board.
3.Staff noted that the item will allow for the Community Service Overlay to be shown on
the Official Zoning Map.
4.The Board and staff briefly discussed the following:
a. the status of development that had occurred in the Community Service Overlay
5.Public hearing was held.
6.Members of the public who spoke included Ms. Cathy McCann.
Motion: Mr. Cooper moved approval. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -015
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF
THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC
BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON U.S.1
(SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM
RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. ( STAFF REQUESTS WITHDRAWAL OF THIS ITEM)
Staff noted that the request was withdrawn from consideration.
V. Discussion Item
A. Request of City Commission for Planning Board's recommendation on proposed
revisions to Land Use Application Fees (H) 1 through (H) 12 of the City's Permit Fee
Schedule -
Due to the lateness of the hour, the discussion item was not considered.
VI. Approval of Minutes
Minutes of October 26, 1999
The Board duly voted and approved the minutes of October 26, 1999, as submitted.
Vote: Approved 7 Opposed 0
VII. Remarks / Discussion
No remarks
VIII. Adjournment
There being no further business before the Board, the meeting was adjourned at
approximately 12:40 a.m.
PB Minutes 11 -09 -99
8
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor & Commission Date: November 12,1999
/ zo
From: Charles D. Scurr Agenda Item #
City Manage Re: Comm. Mtg.11 /9/99
/ !� LDC Amendment: Permitted Uses
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO PERMITTED USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE
SCHEDULE," IN ORDER TO ADD QUICK PRINTING AS PERMITTED USES IN CERTAIN ZONING
DISTRICTS AND TO ALLOW ANIMAL HOSPITAL /VETERINARIAN AS A SPECIAL USE IN CERTAIN
DISTRICTS, AND BY REVISING SECTION 20- 3.4(B), ENTITLED "SPECIAL USE CONDITIONS," IN
ORDER TO ESTABLISH CONDITIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The attached ordinance amends the City's Permitted Uses Schedule. The revision proposed
includes uses heretofore not permitted. Due to changes in technology and/or modern lifestyles
these uses are now compatible in certain business districts.
The City Commission at its November 2, 1999 meeting approved this item on first reading. The
Planning Board at its November 9, 1999 meeting recommended approval of the proposed
ordinance.
RECOMMENDATION: Approval
Attachment:
Proposed Ordinance
I ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING
6 CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
7 REVISING SECTION 20-2.3 ENTITLED "DEFINITIONS" AND SECTION 20-3.3(D)
8 ENTITLED, "PERMITTED USE SCHEDULE," IN ORDER TO PROVIDE A
9 DEFINITION OF QUICK PRINTING AND TO ADD QUICK PRINTING AS A
to PERMITTED USE IN CERTAIN ZONING DISTRICTS AND TO ALLOW ANIMAL
I I HOSPITAL/VETERINARIAN AS A SPECIAL USE IN CERTAIN DISTRICTS, AND
12 BY REVISING SECTION 20-3.4(B), ENTITLED "SPECIAL USE CONDITIONS," IN
13 ORDER TO ESTABLISH CONDITIONS; PROVIDING FOR SEVERABILITY,
14 ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
18 program to update, clarify, and improve the provisions of the City's Land Development Code;
19 and
20
21 WHEREAS, after review and consideration, the Planning and Zoning Department has
22 recommended amending certain provisions of Section 20-2.3 " Definitions" and Section 20-
23 3.3(D) "Permitted Use Schedule," in order to define and add quick printing as a permitted use
24 and to allow animal hospital/veterinarian as a special use in certain zoning districts, and
25 amending Section 20-3.4(B), "Special Use Conditions," in order to set forth conditions; and
26
27 WHEREAS, specific amendments to Section 20-3.3(D) and Section 20-3.4(B) were included
28 in the Land Development Code Proposed Technical Amendments 99-A document which was
29 reviewed by the Planning Board at a public workshop held on October 26, 1999; and
30
31 WHEREAS, on November 9, 1999, after Public Hearing regarding the proposed
32 amendments to Section 20-2.3, Section 20-3.3(D) and Section 20-3.4(B) of the Land
33 Development Code, the Planning Board voted 7-0 to transmit the proposed amendment to the
34 City Commission; and
35
36 WHEREAS, the City Commission desires to accept the recommendations of the Planning
37 Board and enact the aforesaid amendment.
38
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
42
43
44 Section 1. That Section 20-2.3 entitled "Definitions" of the South Miami Land
45 Development Code is hereby amended to read as follows:
46
47 Section 20-2.3 Definitions
48
1
2
3
4
5
6
7
8
9
10
Section 4-.2 That Section 20- 3.3(D), entitled, "Permitted Uses," of the South Miami Land
Development Code is hereby amended to read as follows:
Section 20 -3.3 (D) Permitted Use Schedule
ZONING DISTRICT
R L M N S G T H P P C P
USE TYPE O O O R R R O I R O A
D N R
D D K
BUSINESS AND PROFESSIONAL SERVICES
11
12
* Permitted by right in TODD (LI -4); permitted as a special use in TODD (MU -4), and TODD
13
(MU -5).
14
1.5
16
Section 2.3 That Section 20- 3.4(B), entitled "Special Use Conditions," of the South Miami
17
Animal Hospital or Veterinarian
18
S
Section 20 -3.4 Special Use Conditions.
20
S
P
S*
(B) Special Requirements.
22
21
12
Ouick Printing
La) All such uses shall be located within a fully enclosed, air- conditioned,
P
P
P
P
P
P
28
Monday through Saturday: hours of operation shall not prevent emergency medical
29
treatment.
1 I
11
12
* Permitted by right in TODD (LI -4); permitted as a special use in TODD (MU -4), and TODD
13
(MU -5).
14
1.5
16
Section 2.3 That Section 20- 3.4(B), entitled "Special Use Conditions," of the South Miami
17
Land Development Code is amended to add the following:
18
19
Section 20 -3.4 Special Use Conditions.
20
21
(B) Special Requirements.
22
23
(21) ANIMAL HOSPITALNETERINARIAN
24
La) All such uses shall be located within a fully enclosed, air- conditioned,
25
soundproof structure.
26
b) There shall be no overnight boarding of animals except for medical purposes.
27
L The hours of operation for visits and treatment will be 7:00 A.M. to 9:00 P.M.,
28
Monday through Saturday: hours of operation shall not prevent emergency medical
29
treatment.
30
31
Section 2.4 All ordinances or parts of ordinances in conflict with the provisions of this
32
ordinance are hereby repealed.
33
I Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held
2 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
3 validity of the remaining portions of this ordinance.
4
5 Section 5. This ordinance shall take effect immediately at the time of its passage.
6
7 PASSED AND ADOPTED this day of 1999
8
9 ATTEST: APPROVED:
10
11
12
13 CITY CLERK MAYOR
14
15 Commission Vote:
16 READ AND APPROVED AS TO FORM: Mayor Robina:
17 Vice Mayor Russell
18 Commissioner Bass:
19 Commissioner Bethel:
20 Commissioner Feliu:
21 CITY ATTORNEY
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO
PERMITTED USES; AMENDING CHAPTER 20 OF THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
REVISING SECTION 20 -3.3 (D) ENTITLED, "PERMITTED
USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING
AS PERMITTED USES IN CERTAIN ZONING DISTRICTS
AND TO ALLOW ANIMAL HOSPITAL/VETERINARIAN AS A
SPECIAL USE IN CERTAIN DISTRICTS, AND BY REVISING
SECTION 20- 3.4(B), ENTITLED "SPECIAL USE CONDI-
TIONS,' IN ORDER TO ESTABLISH CONDITIONS; PROV-
IDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE. (1st Reading - November 2,
1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE HOMETOWN DISTRICT OVERLAY ORDINANCE;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTIONS
20 -7.1 AND 20 -7.2, IN ORDER TO CLARIFY THE TITLE
AND INTENT OF THE HOMETOWN DISTRICT OVERLAY,
TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO
HEIGHT, DENSITY, INTENSITY, AND MIXED USE, AS
REQUIRED BY PROVISIONS OF THE CITY'S COMPRE-
HENSIVE PLAN; PROVIDING FOR ORDINANCES IN CON-
FLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE. (1st Reading - November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
UNITY OF TITLE; AMENDING CHAPTER 20 OF THE CITY
OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS' AND
SECTION 20 -5, ENTITLED 'PROCEDURES AND APPLICA-
TIONS' IN ORDER TO PROVIDE A DEFINITION, REQUIRE-
MENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOP-
MENTS, SECTION 20 -7.30 HOMETOWN DISTRICT OVER-
LAY ORDINANCE, AND SECTION 20 -8.16, TRANSIT
ORIENTED DEVELOPMENT DISTRICT IN ORDER TO
REQUIRE THE SUBMISSION OF A UNITY OF TITLE IF
CERTAIN CONDITIONS EXIST; PROVIDING FOR SEVER -
ABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE. (1 st Reading - November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTIi�
,(MIAMI, FLORIDA RELATING TO
THE COMMUNITY SERV(CS) OVERLAY ZONING DIS-
TRICT; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY REVISING SEC-
TION 20 -9.3, ENTITLED "BOUNDARIES," IN ORDER TO
CLARIFY THAT THE CS OVERLAY ZONING DISTRICT
SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. ,
(1 st Reading - November 2, 1999)
Said ordinance can be inspected in the City Clerk's Office, Monday -
Friday during regular office hours.
Inquiries concerning these items should be directed to the City's
Planning Department at: 305 - 663 -6326.
ALL interested partigs are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida 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 proceed-
ings, and that for such purpose, affected person may need to ensure
that a verbatim record of the proceedings is made which record in-
cludes the testimony and evidence upon which the appeal is to be
based.
11/5 .99-3-110592M
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Summary Minutes
Tuesday, November 9,1999
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Mr. Morton, Chair, called the meeting to order at 7:32 p.m.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Mr. Cooper, Ms. Gibson, Ms. Chimelis, Mr. Lefley, Mr. Wiscombe, Mr.
Illas
City staff present
Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis
(Temporary Planning Staff); David Struder (Board Secretary)
III. Public Hearing (Planning Board acting as Local Planning Agency)
Amendment 99 -3 (Continued from LPA Meeting of October 26, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING AMENDMENT 99 -3 TO THE ADOPTED COMPREHENSIVE PLAN IN
ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS
REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER
SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
1. The Chair reported that this item was being carried over from the last meeting.
2. Mr. Cooper indicated that the City Attorney had advised that he did not have a conflict
of interest and therefore could vote on the issue.
3. Staff introduced the guest speaker, Ms. Terry Manning, of the South Florida Regional
Planning Council.
PB Minutes 11 -09 -99
4 Mr. Basu noted corrections that were made based upon discussions at the last meeting.
He provided an updated draft reflecting the modifications (ex. Table 3 -21, page 5).
5.The Board, City staff, including Ms. Diana Morris (CRA Director), and Ms. Manning
discussed the following issues:
a. what constitutes a realistic number of affordable housing units that may be built
b. whether or not all income categories, particularly the 30% range, is properly
addressed
c. whether or not to include specific providers of affordable housing in the
language
d. how best to measure progress in meeting goals, such as by numbers or by
percentages
e. what language to include in the text of the Housing Element,
6. The Public hearing was then opened..
7.Members of the public who spoke included Ms. Cathy McCann, Mr. David Tucker, Sr.,
and Ms. Yvonne Beckman.
8.Ms. Manning provided an information sheet showing the definition of affordable
housing and home price ranges and rent ranges for Broward, Miami -Dade, and Monroe
Counties.
9. Staff summarized the proposed modifications, including:
a. Policy 1.3.5 — strike reference to Habitat for Humanity
b. Policies 1.3.6 & 7 - no changes to text language
c. Objective 1.3 — include language noting that 30 units, plus 100 units from the
proposed Hometown Station by the year 2005, and an additional anticipated 150 units by
the year 2010 (reducing the future deficit of affordable housing by
d. Policies 1.3.1, 2, 3, & 4 — no changes
10. Staff noted that a workshop will be scheduled to further address the issue of
affordable housing.
I I .Motion: Mr. Cooper moved approval of the proposed amendment, as revised Ms.
Chimelis seconded the motion.
Vote: Approved 7 Opposed 0
(The purpose of the above hearing was to allow for the City of South Miami Planning
Board, serving in its capacity as the Local Planning Agency (LPA), to make
recommendations to the City Commission regarding transmittal of the proposed
Comprehensive Plan amendments to the Florida Department of Community Affairs.)
Discussion was held in regard to the length of Planning Board meetings.
Mr. Cooper asked that the Board institute a three -hour cap on the length of a meeting,
with meetings ending at 10:30 p.m. Mr. Illas seconded the motion. It was agreed that the
cap would not be in place for tonight's meeting.
Vote: Approved 7 Opposed 0
IV. Public Hearings (Planning Board)
PB Minutes 11 -09 -99
2
ITEM: PB -99 -008
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI RELATING TO THE TRANSIT - ORIENTED DEVELOPMENT
DISTRICT (TODD); AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A
DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE
CREATION OF TODD SUBCATEGORIES AND USES PERMITTED THEREIN; BY
REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF
BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION 20 -8.17 TO
CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND
LI -4 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR
SEVERABILITY ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
1.The request was read into the. record.
2.Staff presented the item noting that the amendment includes only technical corrections
to the TODD District.
3.Staff recommended that two additional TODD subcategories must be
included:TODD -PI ( Public/Institution) and TODD -PR ( Parks and Reccreation), in that
it has been determined that these zoning areas are included within the boundaries of the
TODD legal description.
4.The Board, and City staff discussed the following:
a. including TODD in the list of zoning use districts
b. indicating TODD subcategories on the Official Zoning Map
c. including PUD -H and PUD -R in the list of zoning use districts
5. The Public hearing was then opened.
6.Members of the public who spoke included Ms. Cathy McCann and Mr. David Tucker.
7. Concern was expressed in regard to density specifically for residential uses in the
TODD
8.The Board requested that staff work on the issue of density as soon as possible.
9.Motion: Mr. Illas moved approval of all amendments as noted, including to Section 20-
3.1 and Section 20 -8.3 and changing Li to LI. Mr. Cooper seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -009
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC
HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE
FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staffnoted corrections to Section 20- 5.5(B) and (B)(2) & (3) based upon previous
discussions.
4. The Public hearing was then opened.
5.Members of the public who spoke were Mr. George David and Ms. Yvonne Beckman
PB Minutes 11 -09 -99
3
6.Concern was expressed in regard to removing the concurrence requirement in Section
20- 5.5(B)(2), Members of the public expressed concern that the City Attorney did not
provide a source for his opinion that concurrent signatures are illegal.
7.The Board and staff discussed the following :
a. how to demonstrate the awareness requirement
b. whether or not to include concurrence
c. changing the word applicant back to person, Section 20- 5.5(B)(3)
8.Motion: Mr. Cooper moved approval .Mr. Illas seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -010
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING
SECTION 20 -4.3 (K)(1) PERTAINING TO REGULATIONS GOVERNING THE
GRANDFATHERING OF NONCONFORMING SIGNS; PROVIDING FOR
ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
1.The request was read into the record.
2.Staffpresented the item to the Board noting that one correction had been made to
Section 20 -4.3 (K)(1) as
3.The Board and staff discussed the following issues:
a. language in the ordinance concerning whether a change of ownership would affect
non - conforming status.
b. language in the ordinance concerning whether or not building modification would
require replacement of a non- conforming sign.
c. future inclusion of an amortization schedule in signage regulations
4. The Public hearing was then opened
5.Ms. Cathy McCann strongly suggested that an amortization schedule to phase out non-
conforming signs be included.
6. Several Board members also felt staff should consider drafting an amortization
schedule requiring all non - conforming signs to be phased out
7.Motion: Ms Chimelis moved deferral . It was felt that staff could report back on the
subject of an amortization schedule. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -011
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED,
"PERMITTED USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING
AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS AND TO
ALLOW ANIMAL HOSPITAL/VETERINARIAN AS A SPECIAL USE IN
PB Minutes 11 -09 -99
i
4
CERTAIN DISTRICTS, AND BY REVISING SECTION 20- 3.4(B),
ENTITLED "SPECIAL USE CONDITIONS," IN ORDER TO ESTABLISH
CONDITIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board. Mr. Basu distributed a revised p.2 of the
ordinance which added a definition of quick printing
3.The Board and staff discussed the following:
a. language concerning hours of operation for an animal hospital
4.The public hearing was the opened
5.Mr. Zeik Guilford., an attorney representing a clinic supported the amendment.
6. It was pointed out that the provisions allow for for emergency services outside of the
specified hours of operation.
7.Motion: Mr. Coopers moved approval as so noted. Mr. Wiscombe seconded the
motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -012
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT
OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20-
7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN
DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY,
INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S
COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff as part of its presentation noted that the ordinance implements a 1998
Comprehensive Plan amendment and also places the Hometown District on the Official
Zoning Map.
3.The Board and staff discussed the following issues:
a. the definition of a story and that a story applies to a building, not a parking structure
4. The Public hearing was then opened
5.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
6. Concerns from the public included:
a. that language be made specific to show that a parking level is the same as a story
b. that language involving density and FAR be clarified
c underlying zoning should be removed if there is an overlay zone.
d. in regard to residential projects it was felt that the requirement for first floor retail
space should be reconsidered.
e. language involving FAR for the total development being 1.6 was discussed
f. it was suggested that input from ad -hoc committees studying Hometown issues be
obtained before further considering this item
PB Minutes 11 -09 -99
. 111,
5.The Board and staff further discussed the following issues
a. that Comprehensive Plan language is being incorporated into the LDC,is required by
an amendment to the Comprehensive Plan and that the change should have taken
place within one year
b. that no new language or new intent is being introduced
c. that the Comprehensive Plan and the LDC do not have match word - for -word in
meeting the intent of the Comprehensive Plan
d. the staff suggested that more specific percentages of mixes uses could be placed in
the LDC, however this could involve certain decisions that should be reviewed by the
Howntown committee
6. Motion: Mr. Wiscombe moved deferral. Mr. Lefley seconded the motion. The staff
was asked to return with more specific standards for the LDC amendment.
Vote: Approved 7 Opposed.0
ITEM: PB -99 -013
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO UNITY OF TITLE; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -5,
ENTITLED "PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A
DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOPMENTS, SECTION 20-
7.30, HOMETOWN DISTRICT OVERLAY ORDINANCE, AND SECTION 20 -8.16,
TRANSIT ORIENTED DEVELOPMENT DISTRICT IN ORDER TO REQUIRE THE
SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
l.The request was read into the record.
2.Staff presented the item to the Board.
3.Staff noted that the item places in the LDC language concerning Unity of Title, which
provides a "measure of protection" for the City.
4.The Board and staff discussed the following:
a. the Unity of Title does not involve air rights
b. that Unity of Title will apply to any general area in the City
c. that a Unity of Title requirement be placed in the Community Service Overlay
District
d. the release of Unity of Title should require a public hearing and the condition that a
Unity of Title can only be released if the use ceases to exist.
5. The Public hearing was then opened
6.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
7.Concerns from the public included
a. that language involving across a public right -of -way or alley is not appropriate
b. that the word from be added, in reference to right -of -way, in order that the phrase
reads located across from public right -of -way or alley.
8.The Board and staff discussed the following issues
a. that a Unity of Title is directly connected to the requirements for which it was granted
PB Minutes 11 -09 -99 6
b. that substantial evidence should be shown in order to allow for a release of a Unity of
Title
c. that language regarding properties " on opposite sides of the street "be used instead of
across the street
9.Motion on amendments: Mr. Morton moved approval. Mr. Cooper seconded the
motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
Motion on ordinance, as amended: Mr. Cooper moved approval. Mr. Morton seconded
the motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
ITEM: PB -99 -014
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY SERVICE (CS)
OVERLAY ZONING DISTRICT; AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -9.3,
ENTITLED `BOUNDARIES," IN ORDER TO CLARIFY THAT THE CS OVERLAY
ZONING DISTRICT SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2. Staff presented the item to the Board.
3. Staff noted that the item will allow for the Community Service Overlay to be shown on
the Official Zoning Map.
4.The Board and staff briefly discussed the following:
a. the status of development that had occurred in the Community Service Overlay
5.Public hearing was held.
6.Members of the public who spoke included Ms. Cathy McCann.
Motion: Mr. Cooper moved approval. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -015
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF
THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC
BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON U.S.1
(SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM
RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. ( STAFF REQUESTS WITHDRAWAL OF THIS ITEM)
Staff noted that the request was withdrawn from consideration.
V. Discussion Item
PB Minutes 11 -09 -99
7
A. Request of City Commission for Planning Board's recommendation on proposed
revisions to Land Use Application Fees (H) 1 through (H) 12 of the City's Permit Fee
Schedule -
Due to the lateness of the hour, the discussion item was not considered.
VI. Approval of Minutes
Minutes of October 26, 1999
The Board duly voted and approved the minutes of October 26, 1999, as submitted.
Vote: Approved 7 Opposed 0
VII. Remarks /Discussion
No remarks
VIII. Adjournment
There being no further business before the Board, the meeting was adjourned at
approximately 12:40 a.m.
PB Minutes 11 -09 -99
8
= CITY OF SOUTH MIAMI
my INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
From: Charles D. Scurr
City Manager
/0 // ' 1001
REQUEST:
Date: November 12,1999
Agenda Item # 14�s
Re: Comm. Mtg.11 /16/99
LDC Amendment:
Hometown Overlay
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO THE HOMETOWN DISTRICT OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY
OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20 -7.2 IN ORDER TO
CLARIFY THE TITLE AND INTENT OF THE HOMETOWN DISTRICT OVERLAY, TO PLACE THE OVERLAY ON
THE CITY'S OFFICIAL ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY,
INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN;
PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The attached ordinance amending the Hometown District (HD) Overlay zone is a result of
amendments made to the City's Comprehensive Plan. As part of the Evaluation and Appraisal process
(1995 -96) the City reduced the number of commercial land use categories and created a new overall
mixed use commercial /residential land use category. This category is primarily implemented by the
Hometown District Overlay zone.
The Florida Department of Community Affairs in 1997 advised the City that the new land use category
must contain specific densities for residential and commercial uses, as well as a specific range of how
the mixed land uses would be distributed in a project. In 1998, the City adopted an ordinance
amending the Comprehensive Plan to include the specific standard required. Florida Statutes require
that the Land Development Code must be amended to implement the Comprehensive Plan standards
and policies. The attached ordinance makes the necessary changes required by the Comprehensive
Plan and also places the HD Overlay zone on the City's Official Zoning Map. It is important to note
that the proposed revisions are of a technical nature and do not change any of the existing
regulations.
This item was approved on first reading by the City Commission at its November 2, 1999, meeting.
The Planning Board at its November 9, 1999 meeting deferred action on this proposed ordinance.
RECOMMENDATION: Deferral
Attachments:
Proposed Ordinance
Statement of Non - compliance (Excerpt)
Remedial Language as required Stipulated Agreement (Excerpt)
-,,
I ORDINANCE NO.
2
3
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN
7 DISTRICT OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE
8 CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING
9 SECTIONS 20 -7.1 AND 20 -7.2, IN ORDER TO CLARIFY THE TITLE AND
10 INTENT OF THE HOMETOWN DISTRICT OVERLAY, TO PLACE THE
11 OVERLAY ON THE CITY'S OFFICIAL ZONING MAP, AND ADD
12 STANDARDS PERTAINING TO HEIGHT, DENSITY, INTENSITY, AND
13 MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S
14 COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN
15 CONFLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
16
17
18 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
19 program to update, clarify, and improve the provisions of the City's Land Development Code; and
20
21 WHEREAS, after review and consideration, the Planning and Zoning Department has
22 recommended amending Sections 20 -7.1 and 20 -7.2 of the Land Development Code pertaining to the
23 Hometown District Overlay Ordinance in order to clarify the title and intent of the District to place the
24 overlay on the City's Official Zoning Map an add standards pertaining to height, density, intensity and
25 mixed use, as required by provisions of the City's Comprehensive Plan; and
26
27 WHEREAS, specific amendments to Sections 20 -7.1 and 20 -7.2 were included in the Land
28 Development Code Proposed Technical Amendments 99 -A document which was reviewed by the
29 Planning Board at a public workshop held on October 26, 1999; and
30
31 WHEREAS, on , 1999, after public hearing regarding the proposed
32 amendments to Sections 20 -7.1 and 20 -7.2 of the Land Development Code, the Planning Board voted
33 to transmit the proposed amendments to the City Commission; and
34
35 WHEREAS, the City Commission desires to accept the recommendations of the Planning Board
36 and enact the aforesaid amendment.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
39 OF THE CITY OF SOUTH MIAMI, FLORIDA:
40
41 Section 1. That Section 20 -7, "Hometown District Overlay Ordinance," and more specific,
42 subsections 20 -7.1 and 20 -7.2 entitled "Title" and "Intent, applicability and boundaries," of the South
43 Miami Land Development Code is hereby amended to read as follows:
44
45
46 ARTICLE VII. HOMETOWN DISTRICT OVERLAY ORDINAN ZONE
47
48 Section 20 -7.1 Title.
49
50 This article shall be known as the "Hometown District Overlay Ordinance' Zone "(HD).
1
2
3 Section 20 -7.2 Intent, applicability, and boundaries.,_ permitted heights, densities,
4 intensities, and mixed use standards.
5
6
7 (B) Intent. Therm lard deye o me-PA regulatio The Hometown District Overlay Zone
8 implements a mixed -use commercial/residential land use category and is intended to
9 provide for different levels of retail uses, office uses, retail and office services and
10 residential dwellinp, units with an emphasis on mixed use development that is
11 characteristic of traditional downtowns. The land development regulations contained
12 herein reinforce South Miami's Comprehensive Plan by establishing new standards for
13 development as an overlay to existing development regulations within the boundaries of
14 the Hometown District. These new regulations intend to invigorate the economic and
15 social vitality of South Miami's "main street" business center, distinct from enclosed
16 Dadeland type malls and West Kendal "e strip development, by the following actions:
17
18 ( Items (1) through (6) unchanged.)
19
20 (B) Applicability. The requirements of this Article shall be in addition to each and every
21 other
22 requirement of the City of South Miami Land Development Code (Code), and in the case
23 of conflict, the provisions of this article shall control.
24
25 (C) Boundaries. The boundaries of the HD shall be as delineated on the City's Official
26 Zonin
27 Map as an overlay zone with the symbol "HD -OV" and on the HD Regulating Plan, as
28 amended from time to time.
29
30 (D) Permitted Heights, Densities and Intensities: The following standards shall be
31 Wlicable
32 within the HD:
33
34 (1) Maximum Height - 4 stories
35 (2) Maximum Residential Density - 24 units /per acre
36 (3) Maximum Floor Area Ratio for the Total Development - 1.6
37
38 (E) Mixed Use Standards. The following standards requiring a mix of land uses shall be
39 applicable within the HD:
40
41 (4) Residential Projects: At a minimum, the first floor must allow retail
42 (5) Retail Projects: At a minimum, at least one floor must contain residential units
43 or office.
44 (6) Office Projects: At a minimum, at least one floor must contain residential units
45 or retail
46
47 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
48 are hereby repealed.
49
50
I Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
2
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity
3
of the remaining portions of this ordinance.
4
5
Section 4. This ordinance shall take effect immediately at the time of its passage.
6
7
PASSED AND ADOPTED this day of
, 1999
8
9
ATTEST:
APPROVED:
10
11
12
13
CITY CLERK
MAYOR
14
15
Commission Vote:
16
READ AND APPROVED AS TO FORM:
Mayor Robina:
17
Vice Mayor Russell
j 18
Commissioner Bass:
19
Commissioner Bethel:
20
Commissioner Feliu:
21
CITY ATTORNEY
=i
•v.J..+ i WWk-JAuJ auu V-h anu x<.ux
B. Recommended remedial actions. These inconsistencies may be remedied by
taking the following actions:
10. The Department believes that if the City adds the objective and policies as
identified in Item No. 7 as well as establishing objectives and policies based upon the additional
analysis requirements as discussed in preceding sections ofthe Statement cf Int: nt, the
transportation needs of the TCEA will be met.
11) The amendment is inconsistent because the Future Transportation Map did not
include parking facilities that are required to achieve mobility goals; TCEA; and intermodal
terminals and access to such facilities. [Section 163.3177(6)6)1., 2., and 3., F.S.; Rule 9J
5.005(5)(b); and Rule 91-5.019(5)(a) Le.; (5)(a)4; and (5)(a)9., F.A.C.]
B. Recommended remedial actions. These inconsistencies may be remedied by
taking the following actions:
11. Include these items on the Future Transportation Map.
II. AMENDMENT TO THE FUTURE LAND USE ELEMENT
A. Inconsistent provisions. The inconsistent provisions of the plan amendment under
this subject heading are as follows:
1) The amendment is inconsistent because it includes a new mixed use FLUM
category, Mixed Use Commercial/Residential (Four Story), but does not include a minimum and
maximum range percentage of land use distribution among the mix of uses, and the density for
residential uses. While the City has established a Floor Area Ratio (F.A.R.) appropriate for non-
s
0
I
S1?1TCMENT of
"- COMPL IANcE (UMMT)
vary in size which makes it difficult to determine the number of units that could be allowed.
[Section 163.3177(6)(a), F.S., and Rule 9J- 5.006(l)(c) and (4)(c), F.A.C.]
B. Recommended remedial actions. These inconsistencies may be remedied by
taking the following actions:
L The Mixed Use Comznercial/Residential (Four Story) category must be revised to
include the minimum and maximum range percentage of land use distribution among the mix of
uses and include a residential density based on dwelling units per acre.
III. FUTURE LAND USE MAP AMENDMENTS
A. Inconsistent provisions. The inconsistent provisions of the plan amendment under
this subject heading are as follows:
1. The City has adopted 4 FLUM amendments which involve converting land uses to the
Mixed Use Commercial/Residential (4 Story) category. As the Department has determined that
the Mixed Use Commercial/Residential (4 Story) category is not in compliance, these 4 FLUM
amendments are also not in compliance because of the problems associated with the land use
category. Listed below are the subject amendments. [Section 163.3177(6)(a), F.S.; Rule 9J-
5.005(5)(a); and Rule 9J- 5.006(1)(c) and (4)(c), F.A.C.]
Amendment
Total Acreage
Existing Designation
Proposed
Designation
Amendment No.1-
2.41
Single- Family Res,
Mixed Use
Madison Square
Neighborhood Retail (2
Commercial/Residential
Story)
10
Amendment No.2-
14.21
Commercial Office Use,
Mixed Use
Charreae Too
Commercial Retail,
Commercial/Residential
Public Institutional,
Single Family Res, and
Vacant
Amendment No.5-
1.46
Low Intensity Office (2
Mixed Use
Community Center
Story)
Commercial/Residential
Amendment No.6-
40.6
Specialty Retail/Res (4
Mixed Use
Hometown District
Story), Neighborhood
Commercial/Residential
Retail (2 Story),
Residential• Office (2
Story), and Medium
Density Multiple (4
Story)
B. Recommended remedial actions. These inconsistencies may be remedied
by taking the following actions:
1. Upon revising the Mixed Use Commercial/Residential (Four Story) category
pursuant to the recommendation contained in Amendment to the Future Land Use EIement
Recommendation Wo. 1, these FLUM amendments will be found in compliance.
IV. AMENDMENT TO THE HOUSING ELEMENT
A. Inconsistent provisions. The, inconsistent provisions of the plan amendment under
this subject heading are as follows:
1) The amendment is inconsistent because Housing Objective 1.3, which states that
the City will create and maintain affordable housing for all current and anticipated future resident
of the City, especially providing for households of very-low income, low- income, and moderate-
income, is not measurable because it lacks a target by which the identified deficits in affordable
housing will be reduced. The associated policies, while establishing programs which could result
in the construction of affordable housing, do not establish the target by which the City will -
w
11
�n �� . ,_.. �u ; . ,. —mss
1
9
2
3
4
5
6
7
8
10
11
provisions addressing transportation. land use and the availability of
facilities: and.
- An analvsis which identifies land uses and transportation management
programs necessary to promote and support public transportation systems
in designated transportation corridors
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
THe following remedial amendment language is proposed as an addition to the existing ;oafs.
policies and objectives of the City's adopted and amended Future Land Use Element as follows:
Mixed -Use Commercial/Residential (Four -Story)
The mixed -use commercial /residential land use category is intended to provide for different
levels of retail uses, office uses, retail and office services, and residential dwellinU units with an
emphasis on mixed -use development that is characteristic of traditional downtowns. Permitted
heights, densities and intensities shall be set forth in the Land Development Code. Regulations
regarding the permitted height, density and intensity in zoning districts for areas designated as
mixed -use commercial /residential shall provide incentives for transit - oriented development and
mixed -use development. Zoning regulations shall reinforce the "no widenings" policy set forth
in the Traffic Circulation Element by encouraging use of Metrorail system. Pursuant to the
recommendation by the Department of Community Affairs to include Floor Area Ratio (F.A.R.)
in the Comprehensive Plan, the City adopts a F.A.R. of 1.6 for this land use category which is
the existing F.A.R. in the Land Development Code for the corresponding zoning district. In
addition, the City adopts a maximum residential density of 24 units per acre In order to ensure
a mix of uses, the Citv requires that a minimum of two of the above uses must be developed
within this cateaorv. For residential proiects at a minimum the first floor must allow retail
For retail oroiects, at a minimum at least one floor must contain residential or office For office
proiects. at a minimum, at least one floor must contain residential or retail
III. FUTURE LAND USE MAP AMENDMENTS
No language changes or map changes are proposed, as it is understood that the amendment
which is proposed in the previous section, if accepted, will satisfv DCA. regarding this section.
Exhibit A
PW W L LMCYO W
fkWIRED by TRE ST►pUWP
wamrAr
AWPTED 8y CRS. IZ -q8-
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO
PERMITTED USES; AMENDING CHAPTER 20 OF THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
REVISING SECTION 20 -3.3 (D) ENTITLED, "PERMITTED
USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING
AS PERMITTED USES IN CERTAIN ZONING DISTRICTS
AND TO ALLOW ANIMAL HOSPITALNETERINARIAN AS A
SPECIAL USE IN CERTAIN DISTRICTS, AND BY REVISING
SECTION 20- 3.4(B), ENTITLED "SPECIAL USE CONDI-
TIONS," IN ORDER TO ESTABLISH CONDITIONS; PROW
IDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE. (1st Reading November 2,
1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE HOMETOWN DISTRICT OVERLAY ORDINANCE;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTIONS
20 -7.1 AND 20 -7.2, IN ORDER TO CLARIFY THE TITLE
AND INTENT OF THE HOMETOWN DISTRICT OVERLAY,
TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO
HEIGHT, DENSITY, INTENSITY, AND MIXED USE, AS
REQUIRED BY PROVISIONS OF THE CITY'S COMPRE-
HENSIVE PLAN; PROVIDING FOR ORDINANCES IN CON -
FLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE. (1st Reading - November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
UNITY OF TITLE; AMENDING CHAPTER 20 OF THE CITY
OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
REVISING SECTION 20 -2.3 ENTITLED 'DEFINITIONS' AND
SECTION 20 -5, ENTITLED "PROCEDURES AND APPLICA-
TIONS" IN ORDER TO PROVIDE A DEFINITION, REQUIRE-
MENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOP-
MENTS, SECTION 20 -7.30 HOMETOWN DISTRICT OVER-
LAY ORDINANCE, AND SECTION 20 -8.16, TRANSIT
ORIENTED DEVELOPMENT DISTRICT IN ORDER TO
REQUIRE THE SUBMISSION OF A UNITY OF TITLE IF
CERTAIN CONDITIONS EXIST; PROVIDING FOR SEVER-
ABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE. (1st Reading - November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
THE COMMUNITY SERVIM (CS) OVERLAY ZONING DIS-
TRICT; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY REVISING SEC-
TION 20 -9.3, ENTITLED "BOUNDARIES," IN ORDER TO
CLARIFY THAT THE CS OVERLAY ZONING DISTRICT
SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
(1 st Reading - November 2, 1999)
Said ordinance can be inspected in the City Clerk's Office, Monday -
Friday during regular office hours.
Inquiries concerning these items should be directed to the City's
Planning Department at: 305 - 663 -6326.
ALL interested partigs are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida 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 proceed-
ings, and that for such purpose, affected person may need to ensure
that a verbatim record of the proceedings is made which record in-
cludes the testimony and evidence upon which the appeal is to be
based.
1115 .99,-3-110592M
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Summary Minutes
Tuesday, November 9,1999
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Mr. Morton, Chair, called the meeting to order at 7:32 p.m.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Mr. Cooper, Ms. Gibson, Ms. Chimelis, Mr. Lefley, Mr. Wiscombe, Mr.
Illas
City staff present
Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis
(Temporary Planning Staff); David Struder (Board Secretary)
III. Public Hearing (Planning Board acting as Local Planning Agency)
Amendment 99 -3 (Continued from LPA Meeting of October 26, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING AMENDMENT 99 -3 TO THE ADOPTED COMPREHENSIVE PLAN IN
ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS
REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER
SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
1. The Chair reported that this item was being carried over from the last meeting.
2. Mr. Cooper indicated that the City Attorney had advised that he did not have a conflict
of interest and therefore could vote on the issue.
3. Staff introduced the guest speaker, Ms. Terry Manning, of the South Florida Regional
Planning Council.
PB Minutes 11 -09 -99
4 Mr. Basu noted corrections that were made based upon discussions at the last meeting.
He provided an updated draft reflecting the modifications (ex. Table 3 -21, page 5).
5.The Board, City staff, including Ms. Diana Morris (CRA Director), and Ms. Manning
discussed the following issues:
a. what constitutes a realistic number of affordable housing units that may be built
b. whether or not all income categories, particularly the 30% range, is properly
addressed
c. whether or not to include specific providers of affordable housing in the
language
d. how best to measure progress in meeting goals, such as by numbers or by
percentages
e. what language to include in the text of the Housing Element,
6. The Public hearing was then opened..
7.Members of the public who spoke included Ms. Cathy McCann, Mr. David Tucker, Sr.,
and Ms. Yvonne Beckman.
8.Ms. Manning provided an information sheet showing the definition of affordable
housing and home price ranges and rent ranges for Broward, Miami -Dade, and Monroe
Counties.
9.Staff summarized the proposed modifications, including:
a. Policy 1.3.5 — strike reference to Habitat for Humanity
b. Policies 1.3.6 & 7 - no changes to text language
c. Objective 1.3 — include language noting that 30 units, plus 100 units from the
proposed Hometown Station by the year 2005, and an additional anticipated 150 units by
the year 2010 (reducing the future deficit of affordable housing by
d. Policies 1.3.1, 2, 3, & 4 — no changes
10. Staff noted that a workshop will be scheduled to further address the issue of
affordable housing.
11.Motion: Mr. Cooper moved approval of the proposed amendment, as revised Ms.
Chimelis seconded the motion.
Vote: Approved 7 Opposed 0
(The purpose of the above hearing was to allow for the City of South Miami Planning
Board, serving in its capacity as the Local Planning Agency (LPA), to make
recommendations to the City Commission regarding transmittal of the proposed
Comprehensive Plan amendments to the Florida Department of Community Affairs.)
Discussion was held in regard to the length of Planning Board meetings.
Mr. Cooper asked that the Board institute a three -hour cap on the length of a meeting,
with meetings ending at 10 :30 p.m. Mr. Illas seconded the motion. It was agreed that the
cap would not be in place for tonight's meeting.
Vote: Approved 7 Opposed 0
IV. Public Hearings (Planning Board)
PB Minutes 11 -09 -99
2
ITEM: PB -99 -008
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI RELATING TO THE TRANSIT - ORIENTED DEVELOPMENT
DISTRICT (TODD); AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A
DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE
CREATION OF TODD SUBCATEGORIES AND USES PERMITTED THEREIN; BY
REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF
BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION 20 -8.17 TO
CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND
LI -4 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR
SEVERABILITY ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
1.The request was read into the. record.
2.Staff presented the item noting that the amendment includes only technical corrections
to the TODD District.
3.Staff recommended that two additional TODD subcategories must be
included:TODD -PI ( Public/Institution) and TODD -PR ( Parks and Reccreation), in that
it has been determined that these zoning areas are included within the boundaries of the
TODD legal description.
4.The Board, and City staff discussed the following:
a. including TODD in the list of zoning use districts
b. indicating TODD subcategories on the Official Zoning Map
c. including PUD -H and PUD -R in the list of zoning use districts
5. The Public hearing was then opened.
6.Members of the public who spoke included Ms. Cathy McCann and Mr. David Tucker.
7. Concern was expressed in regard to density specifically for residential uses in the
TODD
8.The Board requested that staff work on the issue of density as soon as possible.
9.Motion: Mr. Illas moved approval of all amendments as noted, including to Section 20-
3.1 and Section 20 -8.3 and changing Li to LI. Mr. Cooper seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -009
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC
HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE
FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staff noted corrections to Section 20- 5.5(B) and (13)(2) & (3) based upon previous
discussions.
4. The Public hearing was then opened.
5.Members of the public who spoke were Mr. George David and Ms. Yvonne Beckman
PB Minutes 11 -09 -99 3
6.Concern was expressed in regard to removing the concurrence requirement in Section
20- 5.5(B)(2), Members of the public expressed concern that the City Attorney did not
provide a source for his opinion that concurrent signatures are illegal.
7.The Board and staff discussed the following:
a. how to demonstrate the awareness requirement
b. whether or not to include concurrence
c. changing the word applicant back to person, Section 20- 5.5(B)(3)
8.Motion: Mr. Cooper moved approval .Mr. Illas seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -010
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING
SECTION 20 -4.3 (K)(1) PERTAINING TO REGULATIONS GOVERNING THE
GRANDFATHERING OF NONCONFORMING SIGNS; PROVIDING FOR
ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board noting that one correction had been made to
Section 20 -4.3 (K)(1) as
3.The Board and staff discussed the following issues:
a. language in the ordinance concerning whether a change of ownership would affect
non - conforming status.
b. language in the ordinance concerning whether or not building modification would
require replacement of a non- conforming sign.
c. future inclusion of an amortization schedule in signage regulations
4. The Public hearing was then opened
5.Ms. Cathy McCann strongly suggested that an amortization schedule to phase out non-
conforming signs be included.
6. Several Board members also felt staff should consider drafting an amortization
schedule requiring all non - conforming signs to be phased out
7.Motion: Ms Chimelis moved deferral . It was felt that staff could report back on the
subject of an amortization schedule. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -011
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED,
"PERMITTED USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING
AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS AND TO
ALLOW ANIMAL HOSPITAL/VETERINARIAN AS A SPECIAL USE IN
PB Minutes 11 -09 -99
4
CERTAIN DISTRICTS, AND BY REVISING SECTION 20- 3.4(B),
ENTITLED "SPECIAL USE CONDITIONS," IN ORDER TO ESTABLISH
CONDITIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board. Mr. Basu distributed a revised p.2 of the
ordinance which added a definition of quick printing
3.The Board and staff discussed the following:
a. language concerning hours of operation for an animal hospital
4.The public hearing was the opened
5.Mr. Zeik Guilford., an attorney representing a clinic supported the amendment.
6. It was pointed out that the provisions allow for for emergency services outside of the
specified hours of operation.
7.Motion: Mr. Coopers moved approval as so noted. Mr. Wiscombe seconded the
motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -012
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT
OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20-
7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN
DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY,
INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S
COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff as part of its presentation noted that the ordinance implements a 1998
Comprehensive Plan amendment and also places the Hometown District on the Official
Zoning Map.
3.The Board and staff discussed the following issues:
a. the definition of a story and that a story applies to a building, not a parking structure
4. The Public hearing was then opened
5.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
6.Concerns from the public included:
a. that language be made specific to show that a parking level is the same as a story
b. that language involving density and FAR be clarified
c underlying zoning should be removed if there is an overlay zone.
d. in regard to residential projects it was felt that the requirement for first floor retail
space should be reconsidered.
e. language involving FAR for the total development being 1.6 was discussed
f. it was suggested that input from ad -hoc committees studying Hometown issues be
obtained before further considering this item
PB Minutes 11 -09 -99
5
5.The Board and staff further discussed the following issues
a. that Comprehensive Plan language is being incorporated into the LDC,is required by
an amendment to the Comprehensive Plan and that the change should have taken
place within one year
b. that no new language or new intent is being introduced
c. that the Comprehensive Plan and the LDC do not have match word - for -word in
meeting the intent of the Comprehensive Plan
d. the staff suggested that more specific percentages of mixes uses could be placed in
the LDC, however this could involve certain decisions that should be reviewed by the
Howntown committee
6. Motion: Mr. Wiscombe moved deferral. Mr. Lefley seconded the motion. The staff
was asked to return with more specific standards for the LDC amendment.
Vote: Approved 7 Opposed,0
ITEM: PB -99 -013
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO UNITY OF TITLE; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -5,
ENTITLED "PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A
DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOPMENTS, SECTION 20-
7.30, HOMETOWN DISTRICT OVERLAY ORDINANCE, AND SECTION 20 -8.16,
TRANSIT ORIENTED DEVELOPMENT DISTRICT IN ORDER TO REQUIRE THE
SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staff noted that the item places in the LDC language concerning Unity of Title, which
provides a "measure of protection" for the City.
4.The Board and staff discussed the following:
a. the Unity of Title does not involve air rights
b. that Unity of Title will apply to any general area in the City
c. that a Unity of Title requirement be placed in the Community Service Overlay
District
d. the release of Unity of Title should require a public hearing and the condition that a
Unity of Title can only be released if the use ceases to exist.
5. The Public hearing was then opened
6.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
7.Concerns from the public included
a. that language involving across a public right -of -way or alley is not appropriate
b. that the word from be added, in reference to right -of -way, in order that the phrase
reads located across from public right -of -way or alley.
8.The Board and staff discussed the following issues
a. that a Unity of Title is directly connected to the requirements for which it was granted
PB Minutes 11 -09 -99 6
b. that substantial evidence should be shown in order to allow for a release of a Unity of
Title
c. that language regarding properties" on opposite sides of the street "be used instead of
across the street
9.Motion on amendments: Mr. Morton moved approval. Mr. Cooper seconded the
motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
Motion on ordinance, as amended: Mr. Cooper moved approval. Mr. Morton seconded
the motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
ITEM: PB -99 -014
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY SERVICE (CS)
OVERLAY ZONING DISTRICT; AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -9.3,
ENTITLED `BOUNDARIES," IN ORDER TO CLARIFY THAT THE CS OVERLAY
ZONING DISTRICT SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
l .The request was read into the record.
2.Staff presented the item to the Board.
3.Staff noted that the item will allow for the Community Service Overlay to be shown on
the Official Zoning Map.
4.The Board and staff briefly discussed the following:
a. the status of development that had occurred in the Community Service Overlay
5.Public hearing was held.
6.Members of the public who spoke included Ms. Cathy McCann.
Motion: Mr. Cooper moved approval. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -015
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF
THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC
BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON U.S.1
(SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM
RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. ( STAFF REQUESTS WITHDRAWAL OF THIS ITEM)
Staff noted that the request was withdrawn from consideration.
V. Discussion Item
PB Minutes 11 -09 -99
7
A. Request of City Commission for Planning Board's recommendation on proposed
revisions to Land Use Application Fees (H) 1 through (H) 12 of the City's Permit Fee
Schedule -
Due to the lateness of the hour, the discussion item was not considered.
VI. Approval of Minutes
Minutes of October 26, 1999
The Board duly voted and approved the minutes of October 26, 1999, as submitted.
Vote: Approved 7 Opposed 0
VII. Remarks / Discussion
No remarks
VIII. Adjournment
There being no further business before the Board, the meeting was adjourned at
approximately 12:40 a.m.
PB Minutes 11 -09 -99
....
v
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To: Mayor & City Commission
From: Charles D. Scurr
City Manager /
REQUEST:
Date: November 12,1999
Agenda Item #
Re: Comm. Mtg. 11)AT199
LDC Amendment: Unity of Title
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO UNITY OF TITLE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS"
AND SECTION 20 -5, ENTITLED "PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A
DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF TITLE; BY REVISING SECTION
20 -3.7, PLANNED UNIT DEVELOPMENTS, BY CREATING SECTION 20 -7.30: HOMETOWN DISTRICT
OVERLAY ORDINANCE, AND SECTION 20 -8.16: TRANSIT ORIENTED DEVELOPMENT DISTRICT
AND SECTION 20 -9.11: COMMUNITY SERVICE OVERLAY DISTRICT IN ORDER TO REQUIRE THE
SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST; PROVIDING FOR
SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING. AN EFFECTIVE
DATE.
BACKGROUND & ANALYSIS:
The attached ordinance responds to recent concerns about the requirement of and submittal of a Unity
of Title document. The LDC currently requires a Unity of title to be submitted when parking spaces
are placed on lots separate from the principal use. In order to respond to multi -lot development the
LDC should be amended to strengthen the Unity of title concept. The attached ordinance includes a
working definition and a procedure section. In addition, specific zoning districts ( PUD, Hometown,
TODD, and Community Service Overlay ) should be amended to require the submission of a Unity of
Title, if certain conditions exist.
The City Commission at its November 2, 1999 meeting approved this item on first reading. The
Planning Board at its November 9, 1999 meeting recommended approval of the proposed ordinance.
RECOMMENDATION: Approval
Attachment:
Proposed Ordinance
I ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA, RELATING TO UNITY OF TITLE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
6 MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS"
7 AND SECTION 20 -5, ENTITLED "PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A
8 DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF TITLE; BY REVISING SECTION
9 20 -3.7, PLANNED UNIT DEVELOPMENTS, BY CREATING SECTION 20 -7.30: HOMETOWN DISTRICT
10 OVERLAY ORDINANCE, SECTION 20 -8.16: TRANSIT ORIENTED DEVELOPMENT DISTRICT
11 AND SECTION 20-9.11: COMMUNITY SERVICE OVERLAY DISTRICT IN ORDER TO REQUIRE THE
12 SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST; PROVIDING FOR
13 SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
14 DATE.
15
16
17 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
18 program to update, clarify, and improve the provisions of the City's Land Development Code; and
19
20 WHEREAS, after review and consideration, the Planning and Zoning Department has
21 recommended amending certain provisions of Section 20 -2.3 and Section 20 -5.16 pertaining to a
22 definition, requirements, and standards for a unity of title and has recommended amending Sections
23 20 -3.7, 20 -7.30, 20 -8.16 and 20 -9.11 in order to specifically require the submission of a Unity of Title
24 if certain conditions exist; and
25
26 WHEREAS, a specific amendment to c °^*i-am 'n '.� pertaining to Unity of Title was included in
27 the Land Development Code Proposed Technical Amendments 99 -A document which was reviewed
28 by the Planning Board at a public workshop held on October 26, 1999; and
29
30 WHEREAS, on November 9, 1999, after Public Hearing regarding the proposed amendments to
31 Sections 20 -2.3, 20 -5.16, 20 -3.7, 20 -7.30, 20 -8.16, 20-9.11 of the Land Development Code, the
32 Planning Board voted 6 -1 to transmit the proposed amendment to the City Commission; and
33
34 WHEREAS, the City Commission desires to accept the recommendations of the, Planning Board
35 and enact the aforesaid amendment.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
38 OF THE CITY OF SOUTH MIAMI, FLORIDA:
39
40 Section 1. That Section 20 -2.3, "Definitions," of the South Miami Land Development Code is
41 hereby amended to read as follows:
42
43 Section 20 -2.3 Definitions
44
45 UNITY OF TITLE. A written agreement executed by and between a property owner and the City
46 of South Miami, whereby the pro M owner for a specified consideration by the City agrees that
47 the lots and/or parcels of land constituting the building site shall not be conveyed mortgaged
48 and/or leased separate and gpart from each other and that they shall be held together as one tract
49
I Section 2. That Article V, Section 20 -5, entitled "Procedures and Applications" of the South
2 Miami Land Development Code is hereby amended by adding Section 20 -5.16 to be entitled "Unity of
3 Title Submittal and Procedures," to read as follows:
4
5 Section 20 -5.16 Unity of Title Submittal and Procedures
6
7 A Unity of Title, as defined in Section 20 -2.3, shall be required as specified below and shall be a
8 prerequisite to the issuance of a building permit.
9
10 fa) Required. The Unity of Title shall be required in the following cases:
11
12 1 Whenever the building site consists of more than one lot or parcel and the main building
13 is located on one lot or parcel and auxiliary or accessory use buildings are located on
14 the remaining lot or parcel comprising the building site.
15
16 2 Whenever the building site consists of more than one lot or parcel and the main building
17 is located on one or more of the lots or parcels and the remaining og is or parcels
18 encompassing the building site are required to meet the minimum zoning requirements.
19
20 3 Whenever a Unity of Title is required by a provision within this Code or is specifically
21 required by an ordinance or resolution passed and adopted by the CitX Commission.
22
23 Lb) Submittal. A Unity of Title shall be submitted to the Planning and Zoning Department.
24
25 &) Approval. A Unity of Title shall be subject to approval by the City Attorney as to form
26 and contract.
27
28 (d) Recording, A Unity of Title shall be recorded in the Public Records of Miami -Dade
29 CoiqM and shall run with the land and shall be binding upon the property owner, his/her
30 successors and assigns. The owner shall pay the fee as required for recording La Unity of
31 Title in the Public Records of Miami -Dade County.
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
O Release. Any Unity of Title required by this section shall not be released except upon
Section 3. That Section 20 -3.7, entitled "Planned Unit Developments" of the South Miami Land
Development Code is hereby amended by adding Section 20- 3.7(B)(2) to be entitled "Unity of Title
Required" to read as follows:
Section 20 -3.7 Planned Unit Developments.
(B) Basic Requirements.
Unity of Title R ueq ired.
(b) A Unity of Title as set forth in Section 20 -5.16 shall be required for all Planned
Development Projects.
Section 4. That Article VII, Section 20 -7, entitled "Hometown District Overlay Ordinance of the
South Miami Land Development Code is hereby amended by adding Section 20- 7.30(A), to be
entitled "Unity of Title Required," to read as follows:
ARTICLE VII. HOMETOWN DISTRICT OVERLAY ORDINANCE
Section 20 -7.30 Unity of Title Required
A Unity of Title as set forth in Section 20 -5.16 is required for all platted lots in any
development project within the HD if any of the following conditions exist.
L1,) If a development project is to be built on two (2) or more abutting platted lots,
If the permitted density of a development project is based upon the averaging of two (2) or
more platted lots either abutting or located amass on the opposite sides of a public right -of-
way or alley;
If the required parking for a development project is located on a lot other than on the site
which is generating the required parking_
Section 5. That Article VIII, Section 20 -8, entitled "Transit Oriented Development District" of the
South Miami Land Development Code is hereby amended by adding Section 20 -8.16 to be entitled
"Unity of Title Required" to read as follows:
ARTICLE VIII. TRANSIT ORIENTED DEVELOPMENT DISTRICT
Section 20 -8.16 Unity of Title Required.
LAJ A Unity of Title as set forth in Section 20 -5.16, is required for all platted lots in any
development project within the TODD if any of the following conditions exist.'
If a development project is to be built on two (2) or more abutting platted lots;
If the permitted density of a development project is based upon the averaging of two (2)o
more platted lots either abutting or located aes on the opposite sides of a public ri hg t -of-
way or alley;
�3) If the required parking for a development project is located on a lot other than on the site
which is generating the required parking;
ARTICLE IX. COMMUNITY SERVICE OVERLAY DISTRICT
Section 20 -9.11 Unity of Title Required.
I (A) A Unity of Title, as set forth in Section 20 -5.16, is required for all platted lots in any
2 development project within the Community Service Overlay District if any of the followins
3 conditions exist.
4
5 (1) If a development project is to be built on two (2) or more abutting platted lots•
6
7
8
9
10
11 (3 ) If the required. parking for a development project is located on a lot other than on the site
12 which is generating the required parkin
13
14 Section 6 7. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
15 are hereby repealed.
16
17 Section ;E. 8 If any section, clause, sentence, or phrase of this ordinance is for any reason held
18 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity
19 of the remaining portions of this ordinance.
20
21 Section 9.9 This ordinance shall take effect immediately at the time of its passage.
22
23 PASSED AND ADOPTED this day of '1999
24
25 ATTEST: APPROVED:
26
27
28
29 CITY CLERK MAYOR
30
31 Commission Vote:
32 READ AND APPROVED AS TO FORM: Mayor Robina:
33 Vice Mayor Russell
34 Commissioner Bass:
35 Commissioner Bethel:
36 Commissioner Feliu:
37 CITY ATTORNEY
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO
PERMITTED USES; AMENDING CHAPTER 20 OF THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
REVISING SECTION 20 -3.3 (D) ENTITLED, "PERMITTED
USE SCHEDULE, IN ORDER TO ADD QUICK PRINTING
AS PERMITTED USES IN CERTAIN ZONING DISTRICTS
AND TO ALLOW ANIMAL HOSPITAWETERINARIAN AS A
SPECIAL USE IN CERTAIN DISTRICTS, AND BY REVISING
SECTION 20- 3.4(B), ENTITLED "SPECIAL USE CONDI-
TIONS," IN ORDER TO ESTABLISH CONDITIONS; PROV-
IDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE. (1st Reading - November 2,
1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE HOMETOWN DISTRICT OVERLAY ORDINANCE;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTIONS
20 -7.1 AND 20 -7.2, IN ORDER TO CLARIFY 'THE TITLE
AND INTENT OF THE HOMETOWN DISTRICT OVERLAY,
TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO
HEIGHT, DENSITY, INTENSITY, AND MIXED USE, AS
REQUIRED BY PROVISIONS OF THE CITY'S COMPRE-
HENSIVE PLAN; PROVIDING FOR ORDINANCES IN CON-
FLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE. (1 st Reading - November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
UNITY OF TITLE; AMENDING CHAPTER 20 OF THE CITY
OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND
SECTION 20 -5, ENTITLED "PROCEDURES AND APPLICA-
TIONS" IN ORDER TO PROVIDE A DEFINITION, REQUIRE-
MENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOP-
MENTS, SECTION 20 -7.30 HOMETOWN DISTRICT OVER-
LAY ORDINANCE, AND SECTION 20 -8.16, TRANSIT
ORIENTED DEVELOPMENT DISTRICT IN ORDER TO
REQUIRE THE SUBMISSION OF A UNITY OF TITLE IF
CERTAIN CONDITIONS EXIST; PROVIDING FOR SEVER-
ABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE. (1 st Reading - November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTIJ IAMI, FLORIDA RELATING TO
THE COMMUNITY SERVIt (CS) OVERLAY ZONING DIS-
TRICT; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY REVISING SEC-
TION 20 -9.3, ENTITLED "BOUNDARIES," IN ORDER TO
CLARIFY THAT THE CS OVERLAY ZONING DISTRICT
SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP, PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
(1st Reading - November 2, 1999)
Said ordinance can be inspected in the City Clerk's Office, Monday -
Friday during regular office hours.
Inquiries concerning these items should be directed to the City's
Planning Department at: 305- 663 -6326.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida 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 proceed-
ings, and that for such purpose, affected person may need to ensure
that a verbatim record of the proceedings is made which record in -.
cludes the testimony and evidence upon which the appeal is to be
based.
11/5 99- 3- 110592M
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Summary Minutes
Tuesday, November 9, 1999
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Mr. Morton, Chair, called the meeting to order at 7:32 p.m.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Mr. Cooper, Ms. Gibson, Ms. Chimelis, Mr. Lefley, Mr. Wiscombe, Mr.
Illas
City staff present
Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis
(Temporary Planning Staff); David Struder (Board Secretary)
III. Public Hearing (Planning Board acting as Local Planning Agency)
Amendment 99 -3 (Continued from LPA Meeting of October 26, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING AMENDMENT 99 -3 TO THE ADOPTED COMPREHENSIVE PLAN IN
ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS
REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER
SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
1. The Chair reported that this item was being carried over from the last meeting.
2. Mr. Cooper indicated that the City Attorney had advised that he did not have a conflict
of interest and therefore could vote on the issue.
3. Staff introduced the guest speaker, Ms. Terry Manning, of the South Florida Regional
Planning Council.
PB Minutes 11 -09 -99
4 Mr. Basu noted corrections that were made based upon discussions at the last meeting.
He provided an updated draft reflecting the modifications (ex. Table 3 -21, page 5).
5.The Board, City staff, including Ms. Diana Morris (CRA Director), and Ms. Manning
discussed the following issues:
a. what constitutes a realistic number of affordable housing units that may be built
b. whether or not all income categories, particularly the 30% range, is properly
addressed
c. whether or not to include specific providers of affordable housing in the
language
d. how best to measure progress in meeting goals, such as by numbers or by
percentages
e. what language to include in the text of the Housing Element,
6. The Public hearing was then opened..
7.Members of the public who spoke included Ms. Cathy McCann, Mr. David Tucker, Sr.,
and Ms. Yvonne Beckman.
8.Ms. Manning provided an information sheet showing the definition of affordable
housing and home price ranges and rent ranges for Broward, Miami -Dade, and Monroe
Counties.
9.Staffsummarized the proposed modifications, including:
a. Policy 1.3.5 — strike reference to Habitat for Humanity
b. Policies 1.3.6 & 7 - no changes to text language
c. Objective 1.3 — include language noting that 30 units, plus 100 units from the
proposed Hometown Station by the year 2005, and an additional anticipated 150 units by
the year 2010 (reducing the future deficit of affordable housing by
d. Policies 1.3.1, 2, 3, & 4 — no changes
10. Staff noted that a workshop will be scheduled to further address the issue of
affordable housing.
I I .Motion: Mr. Cooper moved approval of the proposed amendment, as revised Ms.
Chimelis seconded the motion.
Vote: Approved 7 Opposed 0
(The purpose of the above hearing was to allow for the City of South Miami Planning
Board, serving in its capacity as the Local Planning Agency (LPA), to make
recommendations to the City Commission regarding transmittal of the proposed
Comprehensive Plan amendments to the Florida Department of Community Affairs.)
Discussion was held in regard to the length of Planning Board meetings.
Mr. Cooper asked that the Board institute a three -hour cap on the length of a meeting,
with meetings ending at 10:30 p.m. Mr. Illas seconded the motion. It was agreed that the
cap would not be in place for tonight's meeting.
Vote: Approved 7 Opposed 0
IV. Public Hearings (Planning Board)
PB Minutes 11 -09 -99 2
ITEM: PB -99 -008
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI RELATING TO THE TRANSIT - ORIENTED DEVELOPMENT
DISTRICT (TODD); AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A
DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE
CREATION OF TODD SUBCATEGORIES AND USES PERMITTED THEREIN; BY
REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF
BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION 20 -8.17 TO
CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND
LI -4 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR
SEVERABILITY ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
1.The request was read into the, record.
2.Staff presented the item noting that the amendment includes only technical corrections
to the TODD District.
3.Staff recommended that two additional TODD subcategories must be
included:TODD -PI ( Public/Institution) and TODD -PR ( Parks and Reccreation), in that
it has been determined that these zoning areas are included within the boundaries of the
TODD legal description.
4.The Board, and City staff discussed the following:
a. including TODD in the list of zoning use districts
b. indicating TODD subcategories on the Official Zoning Map
c. including PUD -H and PUD -R in the list of zoning use districts
5. The Public hearing was then opened.
6.Members of the public who spoke included Ms. Cathy McCann and Mr. David Tucker.
7. Concern was expressed in regard to density specifically for residential uses in the
TODD
8.The Board requested that staff work on the issue of density as soon as possible.
9.Motion: Mr. Illas moved approval of all amendments as noted, including to Section 20-
3.1 and Section 20 -8.3 and changing Li to LI. Mr. Cooper seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -009
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC
HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE
FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staffnoted corrections to Section 20- 5.5(B) and (B)(2) & (3) based upon previous
discussions.
4. The Public hearing was then opened.
5.Members of the public who spoke were Mr. George David and Ms. Yvonne Beckman
PB Minutes 11 -09 -99
3
r
6.Concern was expressed in regard to removing the concurrence requirement in Section
20- 5.5(B)(2), Members of the public expressed concern that the City Attorney did not
provide a source for his opinion that concurrent signatures are illegal.
7.The Board and staff discussed the following:
a. how to demonstrate the awareness requirement
b. whether or not to include concurrence
c. changing the word applicant back to person, Section 20- 5.5(B)(3)
8.Motion: Mr. Cooper moved approval .Mr. Illas seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -010
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING
SECTION 20 -4.3 (K)(1) .PERTAINING TO REGULATIONS GOVERNING THE
GRANDFATHERING OF NONCONFORMING SIGNS; PROVIDING FOR
ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board noting that one correction had been made to
Section 20 -4.3 (K)(1) as
3.The Board and staff discussed the following issues:
a. language in the ordinance concerning whether a change of ownership would affect
non - conforming status.
b. language in the ordinance concerning whether or not building modification would
require replacement of a non- conforming sign.
c. future inclusion of an amortization schedule in signage regulations
4. The Public hearing was then opened
5.Ms. Cathy McCann strongly suggested that an amortization schedule to phase out non-
conforming signs be included.
6. Several Board members also felt staff should consider drafting an amortization
schedule requiring all non - conforming signs to be phased out
7.Motion: Ms Chimelis moved deferral . It was felt that staff could report back on the
subject of an amortization schedule. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -011
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED,
"PERMITTED USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING
AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS AND TO
ALLOW ANIMAL HOSPITALNETERINARIAN AS A SPECIAL USE IN
PB Minutes 11 -09 -99 4
CERTAIN DISTRICTS, AND BY REVISING SECTION 20- 3.4(B),
ENTITLED "SPECIAL USE CONDITIONS," IN ORDER TO ESTABLISH
CONDITIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
l .The request was read into the record.
2.Staff presented the item to the Board. Mr. Basu distributed a revised p.2 of the
ordinance which added a definition of quick printing
3.The Board and staff discussed the following:
a. language concerning hours of operation for an animal hospital
4.The public hearing was the opened
5.Mr. Zeik Guilford., an attorney representing a clinic supported the amendment.
6. It was pointed out that the provisions allow for for emergency services outside of the
specified hours of operation.
7.Motion: Mr. Coopers moved approval as so noted. Mr. Wiscombe seconded the
motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -012
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT
OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20-
7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN
DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY,
INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S
COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff as part of its presentation noted that the ordinance implements a 1998
Comprehensive Plan amendment and also places the Hometown District on the Official
Zoning Map.
3.The Board and staff discussed the following issues:
a. the definition of a story and that a story applies to a building, not a parking structure
4. The Public hearing was then opened
5.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
6.Concerns from the public included:
a. that language be made specific to show that a parking level is the same as a story
b. that language involving density and FAR be clarified
c underlying zoning should be removed if there is an overlay zone.
d. in regard to residential projects it was felt that the requirement for first floor retail
space should be reconsidered.
e. language involving FAR for the total development being 1.6 was discussed
f. it was suggested that input from ad -hoc committees studying Hometown issues be
obtained before further considering this item
PB Minutes 11 -09 -99
5.The Board and staff further discussed the following issues
a. that Comprehensive Plan language is being incorporated into the LDC,is required by
an amendment to the Comprehensive Plan and that the change should have taken
place within one year
b. that no new language or new intent is being introduced
c. that the Comprehensive Plan and the LDC do not have match word - for -word in
meeting the intent of the Comprehensive Plan
d. the staff suggested that more specific percentages of mixes uses could be placed in
the LDC, however this could involve certain decisions that should be reviewed by the
Howntown committee
6. Motion: Mr. Wiscombe moved deferral. Mr. Lefley seconded the motion. The staff
was asked to return with more specific standards for the LDC amendment.
Vote: Approved 7 Opposed, 0
ITEM: PB -99 -013
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO UNITY OF TITLE; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -5,
ENTITLED "PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A
DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOPMENTS, SECTION 20-
7.30, HOMETOWN DISTRICT OVERLAY ORDINANCE, AND SECTION 20 -8.16,
TRANSIT ORIENTED DEVELOPMENT DISTRICT IN ORDER TO REQUIRE THE
SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staff noted that the item places in the LDC language concerning Unity of Title, which
provides a "measure of protection" for the City.
4.The Board and staff discussed the following:
a. the Unity of Title does not involve air rights
b. that Unity of Title will apply to any general area in the City
c. that a Unity of Title requirement be placed in the Community Service Overlay
District
d. the release of Unity of Title should require a public hearing and the condition that a
Unity of Title can only be released if the use ceases to exist.
5. The Public hearing was then opened
6.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
7.Concems from the public included
a. that language involving across a public right -of -way or alley is not appropriate
b. that the word from be added, in reference to right -of -way, in order that the phrase
reads located across from public right -of -way or alley.
8.The Board and staff discussed the following issues
a. that a Unity of Title is directly connected to the requirements for which it was granted
PB Minutes 11 -09 -99 6
e .
b. that substantial evidence should be shown in order to allow for a release of a Unity of
Title
c. that language regarding properties " on opposite sides of the street "be used instead of
across the street
9.Motion on amendments: Mr. Morton moved approval. Mr. Cooper seconded the
motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
Motion on ordinance, as amended: Mr. Cooper moved approval. Mr. Morton seconded
the motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
ITEM: PB -99 -014
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY SERVICE (CS)
OVERLAY ZONING DISTRICT; AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -9.3,
ENTITLED `BOUNDARIES," IN ORDER TO CLARIFY THAT THE CS OVERLAY
ZONING DISTRICT SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
l .The request was read into the record.
2. Staff presented the item to the Board.
3. Staff noted that the item will allow for the Community Service Overlay to be shown on
the Official Zoning Map.
4.The Board and staff briefly discussed the following:
a. the status of development that had occurred in the Community Service Overlay
5.Public hearing was held.
6.Members of the public who spoke included Ms. Cathy McCann.
Motion: Mr. Cooper moved approval. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -015
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF
THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC
BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON U.S.1
(SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM
RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. ( STAFF REQUESTS WITHDRAWAL OF THIS ITEM)
Staff noted that the request was withdrawn from consideration.
V. Discussion Item
PB Minutes 11 -09 -99
mww� „� �..
VA
A. Request of City Commission for Planning Board's recommendation on proposed
revisions to Land Use Application Fees (H) 1 through (H) 12 of the City's Permit Fee
Schedule -
Due to the lateness of the hour, the discussion item was not considered.
VI. Approval of Minutes
Minutes of October 26, 1999
The Board duly voted and approved the minutes of October 26, 1999, as submitted.
Vote: Approved 7 Opposed 0
VII. Remarks / Discussion
No remarks
VIII. Adjournment
There being no further business before the Board, the meeting was adjourned at
approximately 12:40 a.m.
PB Minutes 11 -09 -99
v
8
f
v
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
From: Charles D. Scurr GG
City Manager
1 VEST:
Date: November 12,199$
Agenda Item #
Re: Comm Mtg.11 /16/99
LDC Amendment:
Community Service Overlay
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO THE COMMUNITY SERVICE (CS) OVERLAY ZONING DISTRICT; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION
20 -9.3, ENTITLED `BOUNDARIES," IN ORDER TO CLARIFY THAT THE CS OVERLAY ZONING
DISTRICT SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR
ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The Community Service (CS) Overlay Zoning District was created in 1997 in order to assist
existing community -based social service and institutional providers to improve and expand their
facilities in the community. The overlay district is designated on specific sites by a legal
description which is included in Section 20 -9.3 of the Land Development Code (LDC). The sites
are shown on a small map within the text of the LDC. However, as a special zoning district, the
CS Overlay should also be shown on the City's Official Zoning Map. The attached ordinance
will allow for the properties in the CS Overlay District to be placed on the City's Official Zoning
Map.
This item was approved on first reading by the City Commission at its November 2, 1999,
meeting. The Planning Board at its November 9, 1999 meeting recommended approval of the
proposed ordinance
RECOMMENDATION: Approval
Attachments
Proposed Ordinance
Section 20 -9.3 Boundaries
1
2
3 ORDINANCE NO.
4
5
6 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
7 MIAMI, FLORIDA, RELATING TO THE COMMUNITY SERVICE (CS) OVERLAY
8 ZONING DISTRICT; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
9 DEVELOPMENT CODE BY REVISING SECTION 20 -9.3, ENTITLED "BOUNDARIES,"
10 IN ORDER TO CLARIFY THAT THE CS OVERLAY ZONING DISTRICT SHALL BE
11 SHOWN ON THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR ORDINANCES IN
12 CONFLICT, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
16 program to update, clarify, and improve the provisions of the City's Land Development Code; and
17
18 WHEREAS, after review and consideration the Planning and Zoning Department has
19 recommended amending certain provisions of Section 20 -9.3 pertaining to the boundaries of the
20 Community Service Overlay Zoning District; and
21
22 WHEREAS, a specific amendment to Section 20 -9.3 was included in the Land Development Code
23 Proposed Technical Amendments 99 -A document which was reviewed by the Planning Board at a
24 public workshop held on October 26, 1999; and
25
26 WHEREAS, on November 9, 1999, after public hearing regarding the proposed amendment to
27 Section 20 -9.3 of the Land Development Code, the Planning Board voted 7 -0 to transmit the proposed
28 amendment to the City Commission; and
29
30 WHEREAS, the City Commission desires to accept the recommendations of the Planning Board
31 and enact the aforesaid amendment.
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
34 OF THE CITY OF SOUTH MIAMI, FLORIDA:
35
36 Section 1. That Section 20 -9.3, entitled "Boundaries" (Community Service Overlay District) of
37 the South Miami Land Development Code is hereby amended to read as follows:
38
39 Section 20 -9.3, Boundaries
40
41 The properties in the Community Service (CS) overlay zoning district shall be delineated on the.
42 City's Official Zoning Map with the symbol "CS -OV" and shown as are indicate °° darkened
43 areas in Figure 20 -9.1 (see attached) -and . The properties are .legally described as follows:
44
45 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
46 are hereby repealed.
47
48 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
49 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity
50 of the remaining portions of this ordinance.
1
2 Section 4. This ordinance shall take effect immediately at the time of its passage.
3
4
5
PASSED AND ADOPTED this
day of , 1999
6
7
ATTEST:
APPROVED:
8
9
10
11
CITY CLERK
MAYOR
12
13
Commission Vote:
14
READ AND APPROVED AS TO FORM:
Mayor Robina:
15
Vice Mayor Russell
16
Commissioner Bass:
17
Commissioner Bethel:
18
Commissioner Feliu:
19
CITY ATTORNEY
20
21
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO .
PERMITTED USES; AMENDING CHAPTER 20 OF THE
CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
REVISING SECTION 20 -3.3 (D) ENTITLED, 'PERMITTED
USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING
AS PERMITTED USES IN CERTAIN ZONING DISTRICTS
AND TO ALLOW ANIMAL HOSPITALNETERINARIAN AS A
SPECIAL USE IN CERTAIN DISTRICTS, AND BY REVISING
SECTION 20- 3.4(B), ENTITLED 'SPECIAL USE CONDI-
TIONS,' IN ORDER TO ESTABLISH CONDITIONS; PROV-
IDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE. (1st Reading - November 2,
1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE HOMETOWN DISTRICT OVERLAY ORDINANCE;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTIONS
20-7.1 AND 20 -7.2, IN ORDER TO CLARIFY THE TITLE
AND INTENT OF THE HOMETOWN DISTRICT OVERLAY,
TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO
HEIGHT, DENSITY, INTENSITY, AND MIXED USE, AS
REQUIRED BY PROVISIONS OF THE CITY'S COMPRE-
HENSIVE PLAN; PROVIDING FOR ORDINANCES IN CON-
FLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE. (1 st Reading - November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
UNITY OF TITLE; AMENDING CHAPTER 20 OF THE CITY
OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS' AND
SECTION 20 -5, ENTITLED 'PROCEDURES AND APPLICA-
TIONS" IN ORDER TO PROVIDE A DEFINITION, REQUIRE-
MENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOP-
MENTS, SECTION 20 -7.30 HOMETOWN DISTRICT OVER-
LAY ORDINANCE, AND SECTION 20 -8.16, TRANSIT
ORIENTED DEVELOPMENT DISTRICT IN ORDER TO
REQUIRE THE SUBMISSION OF A UNITY OF TITLE IF
CERTAIN CONDITIONS EXIST; PROVIDING FOR SEVER -
ABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE. (1 st Reading - November 2, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
THE COMMUNITY SERVIGt (CS) OVERLAY ZONING DIS-
TRICT; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY REVISING SEC-
TION 20 -9.3, ENTITLED 'BOUNDARIES,' IN ORDER TO
CLARIFY THAT THE CS OVERLAY ZONING DISTRICT
SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
(1 st Reading - November 2, 1999)
Said ordinance can be inspected in the City Clerk's Office, Monday -
Friday during regular office hours.
Inquiries concerning these items should be directed to the City's
Planning Department at: 305 - 663 -6326.
ALL interested partigs are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida 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 proceed-
ings, and that for such purpose, affected person may need to ensure
that a verbatim record of the proceedings is made which record in -.
cludes the testimony and evidence upon which the appeal is to be
based.
11/5
99- 3- 110592M
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Summary Minutes
Tuesday, November 9,1999
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Mr. Morton, Chair, called the meeting to order at 7:32 p.m.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Mr. Cooper, Ms. Gibson, Ms. Chimelis, Mr. Lefley, Mr. Wiscombe, Mr.
Illas
City staff present
Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis
(Temporary Planning Staff); David Struder (Board Secretary)
III. Public Hearing (Planning Board acting as Local Planning Agency)
Amendment 99 -3 (Continued from LPA Meeting of October 26, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING AMENDMENT 99 -3 TO THE ADOPTED COMPREHENSIVE PLAN IN
ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS
REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER
SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
1. The Chair reported that this item was being carried over from the last meeting.
2. Mr. Cooper indicated that the City Attorney had advised that he did not have a conflict
of interest and therefore could vote on the issue.
3. Staff introduced the guest speaker, Ms. Terry Manning, of the South Florida Regional
Planning Council.
PB Minutes 11 -09 -99
4 Mr. Basu noted corrections that were made based upon discussions at the last meeting.
He provided an updated draft reflecting the modifications (ex. Table 3 -21, page 5).
5.The Board, City staff, including Ms. Diana Morris (CRA Director), and Ms. Manning
discussed the following issues:
a. what constitutes a realistic number of affordable housing units that may be built
b. whether or not all income categories, particularly the 30% range, is properly
addressed
c. whether or not to include specific providers of affordable housing in the
language
d. how best to measure progress in meeting goals, such as by numbers or by
percentages
e. what language to include in the text of the Housing Element,
6. The Public hearing was then opened..
7.Members of the public who spoke included Ms. Cathy McCann, Mr. David Tucker, Sr.,
and Ms. Yvonne Beckman.
8.Ms. Manning provided an information sheet showing the definition of affordable
housing and home price ranges and rent ranges for Broward, Miami -Dade, and Monroe
Counties.
9.Staff summarized the proposed modifications, including:
a. Policy 1.3.5 — strike reference to Habitat for Humanity
b. Policies 1.3.6 & 7 - no changes to text language
c. Objective 1.3 — include language noting that 30 units, plus 100 units from the
proposed Hometown Station by the year 2005, and an additional anticipated 150 units by
the year 2010 (reducing the future deficit of affordable housing by
d. Policies 1.3.1, 2, 3, & 4 — no changes
10. Staff noted that a workshop will be scheduled to further address the issue of
affordable housing.
11.Motion: Mr. Cooper moved approval of the proposed amendment, as revised Ms.
Chimelis seconded the motion.
Vote: Approved 7 Opposed 0
(The purpose of the above hearing was to allow for the City of South Miami Planning
Board, serving in its capacity as the Local Planning Agency (LPA), to make
recommendations to the City Commission regarding transmittal of the proposed
Comprehensive Plan amendments to the Florida Department of Community Affairs.)
Discussion was held in regard to the length of Planning Board meetings.
Mr. Cooper asked that the Board institute a three -hour cap on the length of a meeting,
with meetings ending at 10:30 p.m. Mr. Illas seconded the motion. It was agreed that the
cap would not be in place for tonight's meeting.
Vote: Approved 7 Opposed 0
IV. Public Hearings (Planning Board)
PB Minutes 11 -09 -99
7
ITEM: PB -99 -008
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI RELATING TO THE TRANSIT - ORIENTED DEVELOPMENT
DISTRICT (TODD); AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A
DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE
CREATION OF TODD SUBCATEGORIES AND USES PERMITTED THEREIN; BY
REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF
BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION 20 -8.17 TO
CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND
LI -4 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR
SEVERABILITY ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
l .The request was read into the. record.
2.Staff presented the item noting that the amendment includes only technical eorrections
to the TODD District.
3.Staff recommended that two additional TODD subcategories must be
included: TODD-PI ( Public/Institution) and TODD -PR ( Parks and Reccreation), in that
it has been determined that these zoning areas are included within the boundaries of the
TODD legal description.
4.The Board, and City staff discussed the following:
a. including TODD in the list of zoning use districts
b. indicating TODD subcategories on the Official Zoning Map
c. including PUD -H and PUD -R in the list of zoning use districts
5. The Public hearing was then opened.
6.Members of the public who spoke included Ms. Cathy McCann and Mr. David Tucker.
7. Concern was expressed in regard to density specifically for residential uses in the
TODD
8.The Board requested that staff work on the issue of density as soon as possible.
9.Motion: Mr. Illas moved approval of all amendments as noted, including to Section 20-
3.1 and Section 20 -8.3 and changing Li to LI. Mr. Cooper seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -009
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC
HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE
FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
l.The request was read into the record.
2. Staff presented the item to the Board.
3.Staff noted corrections to Section 20- 5.5(B) and (B)(2) & (3) based upon previous
discussions.
4. The Public hearing was then opened.
5.Members of the public who spoke were Mr. George David and Ms. Yvonne Beckman
PB Minutes 11 -09 -99
3
6.Concern was expressed in regard to removing the concurrence requirement in Section
20- 5.5(B)(2), Members of the public expressed concern that the City Attorney did not
provide a source for his opinion that concurrent signatures are illegal.
7.The Board and staff discussed the following :
a. how to demonstrate the awareness requirement
b. whether or not to include concurrence
c. changing the word applicant back to person, Section 20- 5.5(B)(3)
8.Motion: Mr. Cooper moved approval .Mr. Illas seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -010
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING
SECTION 20 -4.3 (K)(1) PERTAINING TO REGULATIONS GOVERNING THE
GRANDFATHERING OF NONCONFORMING SIGNS; PROVIDING FOR
ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
l.The request was read into the record.
2.Staffpresented the item to the Board noting that one correction had been made to
Section 20 -4.3 (K)(1) as
3.The Board and staff discussed the following issues:
a. language in the ordinance concerning whether a change of ownership would affect
non- conforming status.
b. language in the ordinance concerning whether or not building modification would
require replacement of a non- conforming sign.
c. future inclusion of an amortization schedule in signage regulations
4. The Public hearing was then opened
5.Ms. Cathy McCann strongly suggested that an amortization schedule to phase out non-
conforming signs be included.
6. Several Board members also felt staff should consider drafting an amortization
schedule requiring all non - conforming signs to be phased out
7.Motion: Ms Chimelis moved deferral . It was felt that staff could report back on the
subject of an amortization schedule. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -011
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED,
"PERMITTED USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING
AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS AND TO
ALLOW ANIMAL HOSPITALNETERINARIAN AS A SPECIAL USE IN
PB Minutes 11 -09 -99 4
..
CERTAIN DISTRICTS, AND BY REVISING SECTION 20- 3.4(B),
ENTITLED "SPECIAL USE CONDITIONS," IN ORDER TO ESTABLISH
CONDITIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board. Mr. Basu distributed a revised p.2 of the
ordinance which added a definition of quick printing
3.The Board and staff discussed the following:
a. language concerning hours of operation for an animal hospital
4.The public hearing was the opened
5.Mr. Zeik Guilford., an attorney representing a clinic supported the amendment.
6. It was pointed out that the provisions allow for for emergency services outside of the
specified hours of operation.
7.Motion: Mr. Coopers moved approval as so noted. Mr. Wiscombe seconded the
motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -012
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT
OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20-
7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN
DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY,
INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S
COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
I.The request was read into the record.
2.Staff as part of its presentation noted that the ordinance implements a 1998
Comprehensive Plan amendment and also places the Hometown District on the Official
Zoning Map.
3.The Board and staff discussed the following issues:
a. the definition of a story and that a story applies to a building, not a parking structure
`! 4. The Public hearing was then opened
5.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
j 6.Concerns from the public included:
a. that language be made specific to show that a parking level is the same as a story
b. that language involving density and FAR be clarified
c underlying zoning should be removed if there is an overlay zone.
d. in regard to residential projects it was felt that the requirement for first floor retail
space should be reconsidered.
e. language involving FAR for the total development being 1.6 was discussed
f, it was suggested that input from ad -hoc committees studying Hometown issues be
obtained before further considering this item
PB Minutes 11 -09 -99 5
i
5.The Board and staff further discussed the following issues
a. that Comprehensive Plan language is being incorporated into the LDCjs required by
an amendment to the Comprehensive Plan and that the change should have taken
place within one year
b. that no new language or new intent is being introduced
c. that the Comprehensive Plan and the LDC do not have match word - for -word in
meeting the intent of the Comprehensive Plan
d. the staff suggested that more specific percentages of mixes uses could be placed in
the LDC, however this could involve certain decisions that should be reviewed by the
Howntown committee
6. Motion: Mr. Wiscombe moved deferral. Mr. Lefley seconded the motion. The staff
was asked to return with more specific standards for the LDC amendment.
Vote: Approved 7 Opposed, 0
ITEM: PB -99 -013
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO UNITY OF TITLE; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -5,
ENTITLED "PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A
DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOPMENTS, SECTION 20-
7.30, HOMETOWN DISTRICT OVERLAY ORDINANCE, AND SECTION 20 -8.16,
TRANSIT ORIENTED DEVELOPMENT DISTRICT IN ORDER TO REQUIRE THE
SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staff noted that the item places in the LDC language concerning Unity of Title, which
provides a "measure of protection" for the City.
4.The Board and staff discussed the following:
a. the Unity of Title does not involve air rights
b. that Unity of Title will apply to any general area in the City
c. that a Unity of Title requirement be placed in the Community Service Overlay
District
d. the release of Unity of Title should require a public hearing and the condition that a
Unity of Title can only be released if the use ceases to exist.
5. The Public hearing was then opened
6.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
7.Concerns from the public included
a. that language involving across a public right -of -way or alley is not appropriate
b. that the word from be added, in reference to right -of -way, in order that the phrase
reads located across from public right -of -way or alley.
8.The Board and staff discussed the following issues
a. that a Unity of Title is directly connected to the requirements for which it was granted
PB Minutes 11 -09 -99 6
b. that substantial evidence should be shown in order to allow for a release of a Unity of
Title
c. that language regarding properties " on opposite sides of the street "be used instead of
across the street
9.Motion on amendments: Mr. Morton moved approval. Mr. Cooper seconded the
motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
Motion on ordinance, as amended: Mr. Cooper moved approval. Mr. Morton seconded
the motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
ITEM: PB -99 -014
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY SERVICE (CS)
OVERLAY ZONING DISTRICT; AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -9.3,
ENTITLED `BOUNDARIES," IN ORDER TO CLARIFY THAT THE CS OVERLAY
ZONING DISTRICT SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3. Staff noted that the item will allow for the Community Service Overlay to be shown on
the Official Zoning Map.
4.The Board and staff briefly discussed the following:
a. the status of development that had occurred in the Community Service Overlay
5.Public hearing was held.
6.Members of the public who spoke included Ms. Cathy McCann.
Motion: Mr. Cooper moved approval. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -015
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF
THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC
BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON U.S.I
(SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM
RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. ( STAFF REQUESTS WITHDRAWAL OF THIS ITEM)
Staff noted that the request was withdrawn from consideration.
V. Discussion Item
PB Minutes 11 -09 -99
.. wwm
F
A. Request of City Commission for Planning Board's recommendation on proposed
revisions to Land Use Application Fees (H) 1 through (H) 12 of the City's Permit Fee
Schedule
Due to the lateness of the hour, the discussion item was not considered.
VI. Approval of Minutes
Minutes of October 26, 1999
The Board duly voted and approved the minutes of October 26, 1999, as submitted.
Vote: Approved 7 Opposed 0
VII. Remarks /Discussion
No remarks
VIII. Adjournment
There being no further business before the Board, the meeting was adjourned at
approximately 12:40 a.m.
PB Minutes 11 -09 -99
8
-ANWh' CITY OF SOUTH MIAMI
vINTER- OFFICE MEMORANDUM
To: Mayor & City Commission
From: Charles D. Scurr /�
City Manager /11
REQUEST:
Date: November 12,19 9
Agenda Item #
Re: Comm. Mtg. 1 /16/99
Comprehensive Plan Amendment 99 -3
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING AMENDMENT 99 -3 TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE A
REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF
A STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS
ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI
COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The attached ordinance was deferred by the City Commission at its November 2, 1999 meeting
and was continued to the November 16, 1999 City Commission meeting. .
The ordinance amends the Housing Element of the City's Comprehensive Plan. The amendment
is required as a result of a stipulated agreement between the City and the Department of
Community Affairs. The agreement allowed the City's Comprehensive Plan to be in compliance
with State law if certain remedial actions were made. One of those actions was to expand upon
the City's objective of encouraging affordable housing by setting forth a specific number of
affordable housing units to be constructed. The amended ordinance contains new text, housing
data, and specific policies responding to the issue of affordable housing.
The Planning Board in its capacity as the Local Planning Agency recommended approval at its
November 9, 1999 meeting. The City Commission must conduct a public hearing on the proposed
ordinance. The ordinance and the amendment package, once adopted by the City Commission on
1 st reading after a public hearing, will be transmitted to the Florida Department of Community
Affairs for their review, comments and or approval.
RECOMMENDATION: Approval.
Attachments:
Proposed Ordinance and related back up.
1 ORDINANCE NO.
2
3
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
6 MIAMI, FLORIDA, APPROVING AMENDMENT 99 -3 TO THE ADOPTED
7 COMPREHENSIVE PLAN IN ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT
8 TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A
9 STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA
10 DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR RENUMBERING,
11 AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR
12 PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING
13 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, in October 1997 the City of South Miami was notified by the Florida
17 Department of Community Affairs that the City's Comprehensive Plan Amendment Package
18 (DCA No. 97 -IER) was not in compliance with State standards; and
19
20 WHEREAS, one of the issues involving noncompliance required the City to produce a
21 remedial amendment to the Housing Element in order to update the data and objectives
22 pertaining to affordable housing within the City; and
23
24 WHEREAS, on April 21,1998, the City Commission adopted Resolution No. 109 -98- 10376,
25 approving a final Stipulated Settlement Agreement between the City and the Florida Department
26 of Community Affairs, which included recommended remedial actions for revisihg the Housing
27 Element of the City's Comprehensive Plan; and
28
29 WHEREAS, on August 4, 1998, the City Commission adopted Ordinance No. 12 -98 -1660
30 which included interim policies stating that the City will do additional studies in order to update
31 and revise the Housing Element of the City's Comprehensive Plan; and
32
33 WHEREAS, Comprehensive Plan Amendment 99 -3, Exhibit "A ", has been prepared,
34 which contains amendments to the text and goals, objectives and policies of the Housing
35 Element, all of which amendments respond to the Stipulated Settlement Agreement and Interim
36 Policies adopted as part of the Comprehensive Plan Amendment 98 -IER; and
37
38 WHEREAS, on November 9,1999, after Public Hearing regarding Comprehensive Plan
39 Amendment 99 -3, the Planning Board, acting in its capacity as the Local Planning Agency,
40 voted 7 -0 to transmit to the City Commission for their adoption, the Comprehensive Plan
41 Amendment 99 -3, Exhibit "A "; and
42
43 WHEREAS, the City Commission desires to accept the recommendations of the Planning
44 Board acting in its capacity as the Local Planning Agency, and enact the aforesaid amendment.
45
46
47 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
48 OF THE CITY OF SOUTH MIAMI, FLORIDA:
49
50 Section 1. Comprehensive Plan, Amendment 99 -3, Exhibit "A" to the South Miami
51 Comprehensive Plan which contains amendments to the Text and goals, objectives and policies
1
2
3
4
5
6
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8
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I
of the Housing Element, all of the amendments responding to the Stipulated Settlement
Agreement and Interim Policies adopted as part of the Comprehensive Plan Amendment 98 -IER,
be and hereby is approved and adopted.
Section 2. Any sections or parts of sections of this ordinance may be renumbered and/or
combined with other sections or parts of sections of the South Miami Comprehensive Plan and
any amendments thereto, as is necessary to ensure the continuity and consistency within and
between the various elements of the South Miami Comprehensive Plan.
Section 3. 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.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 5. This ordinance shall take effect in accordance with the provisions set forth in
§ 163.3189(2)(a), Florida Statutes.
PASSED AND ADOPTED this day of '1999
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robina:
Vice Mayor Russell
Commissioner Bass:
Commissioner Bethel:
Commissioner Feliu:
CITY OF SOUTH MIAMI
COMPREHENSIVE PLAN AMENDMENT
99 -3
HOUSING ELEMENT
COMPREHENSIVE PLAN
AMENDMENT 99 -3
CONTENTS
L INTRODUCTION
• Background
• Current Situation: City of South Miami
• Required Legislative Actions
II. EXHIBIT "A" SPECIFIC AMENDMENTS
A. Housing Element
• Text
• Table 3 -21
B. Housing Element: Goals, Objectives, and Policies
• Objective 1.3
• Policy 1.3.3 through Policy 1.3.7
Page,
I
3
4
6
COMPREHENSIVE PLAN
AMENDMENT 99 -3
HOUSING ELEMENT
L INTRODUCTION
BACKGROUND
In 1997 the City of South Miami adopted a series of amendments to the Comprehensive Plan
which were required as a result of the 5 -year mandatory Evaluation and Appraisal Report
(EAR). Following the submission of the EAR amendments the Florida DCA advised the
City of South Miami that State regulations required all Housing Elements to address the
issue of affordable housing.(') In response to this directive the City submitted a
supplemental plan amendment which included an objective and policies describing how the
City will respond to the affordable housing issue. The following objective was included:
Objective 1.3 To create and maintain affordable housing for all current and
anticipated future residents of the City, especially providing
for households of veO low- income, low- income, and moderate-
income. (97 -IER)
This objective was followed by a series of policies describing how the City will encourage
the construction of affordable housing. In addition, the supplemental amendment also
contained an affordable housing assessment which utilized a specific formula mandated by
the FloridaDCA.(2) The end product was a table indicating that the City will have a deficit
in the number of affordable housing units needed to meet the needs in the City of South
Miami during the period 1995 to 2010.
The Florida DCA reviewed the City's supplemental amendment and advised that there were
still inconsistent sections and therefore the Plan was not in compliance. In order to avoid
further sanctions by the State, the City agreed to do additional studies and to make certain
amendments. This compromise was outlined in a Stipulated Settlement Agreement between
the City and the Florida DCA, approved in April 1998. One of the inconsistent sections
which required additional submission was the Housing Element. Specifically, the State
advised that the Objective (1.3) providing for affordable housing did not specify a
measurable or target number by which the deficit would be reduced. The following was
recommended:
( ) Affordable housing is defined as housing for which monthly rent or mortgage payments, including taxes,
insurance, and utilities, does not exceed 30% of the gross annual income of very-low income, low- income, and
moderate - income households.
(2)Assessment provided by the Shimberg Center for Affordable Housing, University of Florida, under
contract to DCA.
Page 1
WIMIMWWI�-, WNW,
"A. Recommended remedial actions. These inconsistencies may be remedied by
taking the following actions:
1. Revise Housing Objective 1.3 to include a measurable target such as,
but not limited to, number of affordable housing units to be built
yearly. „
As stated above, one of the remedial actions necessary to allow the City's Comprehensive
Plan to remain in compliance is to adjust the affordable housing objective and/or policies to
specify measurable numbers of affordable housing units to be built. In August of 1998, the
City was required to confirm its stipulated settlement by amending the Comprehensive Plan
document to also state that certain studies will be done and policies revised. The City
Commission, on August 4, 1998, adopted Ordinance No. 12 -98 -1660 which amended the
Comprehensive Plan and included the following interim language in the Housing Element:
"Policy1.3.6 Interim Policy: The City of South Miami shall complete the
following tasks within three months of August 4, 1998 in order to
be found in compliance by the Florida Department of Community
Affairs. Housing Data and analysis, and associated policies and
objectives, based upon the Affordable Housing Needs Assessment
by the Shimberg Center for Affordable Housing, University of
Florida. "
CURRENT SITUATION: CITY OF SOUTH MIAMI
It is important to note that since the 1997 submission of the original objective and policies
related to affordable housing, the City has made significant progress in encouraging the
construction of affordable housing. This includes the designation of a Community
Redevelopment Agency which will provide a specific program to produce affordable
housing units. In addition, a mixed -use project, now scheduled to be constructed as part of
the South Miami Metro Rail Station redevelopment, will include a considerable number of
affordable rental housing units. These programs, together with the efforts of the Habitat for
Humanity project within the City, will allow the City to set forth specific and attainable
targets leading to the reduction of the affordable housing deficit.
REQUIRED LEGISLATIVE ACTIONS
The Housing Element of the Comprehensive Plan must be amended in order to incorporate
additional text, a new data table, and revised objectives and policies concerning affordable
housing. This amendment will respond to the remedial action recommended in the 1998
Stipulated Agreement.
The amendment must be adopted by ordinance after being reviewed at a public hearing by
the Local Planning Agency (Planning Board) and the City Commission prior to being
submitted to the Florida DCA. The amendment can be reviewed and acted upon without
regard to the limitations on the frequency of adoption of amendments to the Comprehensive
Plan (F.S. #163.3187(l)(d).
Page 2
CITY OF SOUTH MIAMI
COMPREHENSIVE PLAN
AMENDMENT 99 -3
II
EXHIBIT "A"
SPECIFIC AMENDMENTS
AMENDMENT TO
SOUTH M AMI COMPREHENSIVE PLAN
99 -3
A. TEXT OF HOUSING ELEMENT
(All new language; wording to be removed indicated by strike - through.)
Affordable Housing (1998) Analysis:
The State of Florida has established a goal that by the year 2010 " - - -- decent and affordable housing
is available for all residents." A major initiative of this goal was to undertake a Statewide evaluation
of affordable housing availability. A study was completed in 1996 by the University of Florida's
Shimberg Center for Affordable Housing, under contract to the Florida DCA. The objective was to
provide a projection of the surplus and/or deficit of affordable housing units in every governmental
jurisdiction. Affordable housing is defined as housing for which monthly rent or mortgage payments,
including taxes, insurance, and utilities, does not exceed 30% of the gross annual income of very -low
income, low - income, and moderate - income households.
The analysis preformed by the Shimberg Center for the City of South Miami uses a progressive series
of data factors, including housing inventory, population projections, household size, housing type,
and household income levels in order to determine the availability and/or deficits of affordable
housing units. The affordable housing assessment data (1998) for the City is presented in Tables 3 -12
through 3 -20. The accumulative affordable housing deficit for South Miami by income category is
shown below on Table 3 -19. The deficit summary for the City is shown on Table 3 -21.
TABLE 3 -19
(1998) AFFORDABLE HOUSING DEFICIT BY INCOME CATEGORY
FOR SOUTH MIAMI
South Miami
989
1 County Median
Owner-occupied Units
Household Income
$2690 9
I c0�ome Categories
1995
MT
$8,073
50% of median
•. . . .
%I "S
$21,527
120% of median
$32,291
The State of Florida has established a goal that by the year 2010 " - - -- decent and affordable housing
is available for all residents." A major initiative of this goal was to undertake a Statewide evaluation
of affordable housing availability. A study was completed in 1996 by the University of Florida's
Shimberg Center for Affordable Housing, under contract to the Florida DCA. The objective was to
provide a projection of the surplus and/or deficit of affordable housing units in every governmental
jurisdiction. Affordable housing is defined as housing for which monthly rent or mortgage payments,
including taxes, insurance, and utilities, does not exceed 30% of the gross annual income of very -low
income, low - income, and moderate - income households.
The analysis preformed by the Shimberg Center for the City of South Miami uses a progressive series
of data factors, including housing inventory, population projections, household size, housing type,
and household income levels in order to determine the availability and/or deficits of affordable
housing units. The affordable housing assessment data (1998) for the City is presented in Tables 3 -12
through 3 -20. The accumulative affordable housing deficit for South Miami by income category is
shown below on Table 3 -19. The deficit summary for the City is shown on Table 3 -21.
TABLE 3 -19
(1998) AFFORDABLE HOUSING DEFICIT BY INCOME CATEGORY
FOR SOUTH MIAMI
South Miami
989
1 County Median
Owner-occupied Units
Household Income
$2690 9
I c0�ome Categories
1995
30% of median
$8,073
50% of median
$13,455
80% of median
$21,527
120% of median
$32,291
200% of median
$53,818
Cumulative (down) Surplus/Deflcit iii Occupied Units by Income Category
units minus households necative number means der—it f ff d 6.1
Page 4
Owner-occupied Units
i o a or a e units
Renter-occupied Units
1995
2000
2005
X010
1995
2000 2005
-153
-164
-165
-168
-292
-312 -317
-323
-254
-271
-278
-286
-310
-326 -332
-344
-410
- 438
- 459
-486
157
153 156
155
-352
-386
-400
-432
245
259 268
273
-103
-147
-161
-203
-1
17 35
51
Page 4
The cumulative deficit of affordable housing units in South Miami is shown by household income
categories and for the years 1995, 2000, 2005, and 2010. The definition of affordable housing applies
to the very low income category (50% of median family income), low income category (80 %) and
moderate income category (120 %). The very very low income category (30% of median income) is
eligible for subsidized and/or public housing and is therefore not included in the affordable housing
category The City of South Miami has a deficit of affordable housing units as follows:
TABLE 3 -21
CITY OF SOUTH MIAW AFFORDABLE HOUSING DEFICIT SUMMARY
YEAR
OWNER OCCUPIED
RENTAL
TOTAL
2000
-1095
86
-1009
2005
-1137
92
-1045
2010
-1204
84
-1120
In responding to the affordable housing deficit, it is important to note that the City of South Miami
has several conditions which limit the extent to which the deficit can be reduced. These include:
• The City is essentially built -out with little opportunity to add a substantial number of new
housing units, either at the market rate or at an affordable housing level. In fact, the actual
number of existing housing units decreased during the period 1980 -1995.
• The City has very limited vacant land left with development potential. A total of 29.42
acres (1.8 %) of the City's total land acreage is vacant. Of the total acreage currently vacant,
only 13.8 acres are in areas zoned for residential development.
Affordable Housing Opportunities:
Although the City of South Miami cannot completely eliminate the affordable housing deficit, there
are certain resources and housing programs which can reduce the current and anticipated deficits.
Most significant is the creation of the South Miami Community Redevelopment Agency ( SMCRA)
and the designation of a 185 -acre redevelopment district. The Redevelopment Agency's work
program for Phase I indicates considerable investment in the acquisition of vacant lots and loans and
mortgage subsidies to encourage affordable housing construction. A total of 24 units of affordable
housing will be built during the next two years. The SMCRA Board will be encouraged by the City to
respond to future needs for additional affordable housing units.
The City has also worked closely with Habitat for Humanity, which has targeted South Miami for
construction of new homes for low and moderate - income families. It is anticipated that this program
along with other private organizations will produce at least five units of affordable housing units in
next five years.
Page 5
The South Miami Metro Rail Station also presents the City with an excellent opportunity to provide
affordable housing units. The County's Rapid Transit Zoning District and the City's abutting Transit
Oriented Development District (TODD) both encourage multi- storied, mixed use
development projects. Due to the transit needs of families needing affordable housing, projects
providing affordable housing will be given priority. It is anticipated that one such project, the
Hometown Station Project will include 100 affordable housing units. Completion date is expected in
the year 2001. With the encouragement and support of both the County and the City it can be
projected that one additional project of that scale can be completed by the year 2010.
If the above projects and programs are realized and implemented, considerable progress will have
been made within the City of South Miami to reduce the affordable housing deficit.
B. GOALS, OBJECTIVES AND POLICIES
HOUSING ELEMENT
Objective 1.3 To create and maintain affordable housing for all current and anticipated future
residents of the City and
low ineeme-, and moderate inee spec ifrcallysupportingprograms such as
CR,4 and other private organizations which will result in the construction of 30
units of affordable housing and an additional 100 units anticipated to be part of
the proposed Hometown Station proiect by the year 2005. It is protected that
construction of an additional 150 units ofaffordable housing can be achieved
through various prWams and proiects by the year 2010 freducing the how
deficit of affordable housing by 25
Policy 1.3.1 Utilize the Future Land Use Plan and zoning map, making special use of mixed -
use districts, to provide for areas which promote very -low- income, low - income,
and moderate - income households, while attempting to avoid the concentration of
these households in specific areas of the City.
Policy 1.3.2 Utilize existing Federal, State, County, and private programs which assist
individuals with home ownership through such means as subsidies, loans, loan
guarantees, counseling, or through other similar means, including such programs
as the County Surtax mortgage program.
Poliey 1.3.3 Continue to work
new ver— =1 , low,
towafds
Kafdee Drive
by
a redeveloped
ama (measured
housing
Note this tar-got is
and
fneder-ateincome units.
area
bounded by Hardee
A-venue.
Avg,
S.W. 62nd Weet, S.W. 58th
F aeo, and S.W. 62 -nd
PoKey 1 Z A The City and County will j eiat�, explore now pr-egmms to assist in meeting the
no-Ad fAr- infill development, &ough such means as tay. inefement financing.
NOTE: New wording underlined; wording to be removed indicated by strike - through.
Page 6
Policy 1.3.3 The City's Cominunity Redevelopment Agency will implement its New Housing
Program in order to acquire vacant property and provide financial assistance to
construct at least 24 new affordable housing units.
Policy 1.3.4 The City's Community Redevelopment Agency will provide additional
incentives to private developers to construct projects with affordable housin
units.
Policy 1.3.5 The City will support and assist the efforts of private organizations to construct at
least five affordable housing units per year.
Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit
Zone in order to encourage mixed- use /residential multi - family projects
containing affordable housing units.
Policy 1.3.7 The City will work with the South Florida Regional Planning Council to help
implement a regiona.lpolia to produce affordable housing units.
Policy 1.3.5 in order- to n + 1 assess the City's need for- aff «dable housing the City will
eenduet a studry en said issue, which in cenjunction with the swdy raeadurated 1—
the Sh b C. A Ffn dabl Housing `1l all ow the C '+. t �+- ,.1., +e
more speeifir. objectives and poliries eeneeming aff-er-dable housing needs i
Y.
i •�
NOTE: New wording underlined; wording to be removed indicated by strike - through.
Page 7
NOTE: New wording underlined; wording to be removed indicated by strike - through.
Page 7
L�
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting Summary Minutes
Tuesday, November 9,1999
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Mr. Morton, Chair, called the meeting to order at 7:32 p.m.
II. Roll Call
Board members present constituting a quorum
Mr. Morton, Mr. Cooper, Ms. Gibson, Ms. Chimelis, Mr. Lefley, Mr. Wiscombe, Mr.
Illas
City staff present
Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis
(Temporary Planning Staff); David Struder (Board Secretary)
III. Public Hearing (Planning Board acting as Local Planning Agency)
Amendment 99 -3 (Continued from LPA Meeting of October 26, 1999)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING AMENDMENT 99 -3 TO THE ADOPTED COMPREHENSIVE PLAN IN
ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS
REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER
SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
1. The Chair reported that this item was being carried over from the last meeting.
2. Mr. Cooper indicated that the City Attorney had advised that he did not have a conflict
of interest and therefore could vote on the issue.
3. Staff introduced the guest speaker, Ms. Terry Manning, of the South Florida Regional
Planning Council.
PB Minutes 11 -09 -99
4 Mr. Basu noted corrections that were made based upon discussions at the last meeting.
He provided an updated draft reflecting the modifications (ex. Table 3 -21, page 5).
5.The Board, City staff, including Ms. Diana Morris (CRA Director), and Ms. Manning
discussed the following issues:
a. what constitutes a realistic number of affordable housing units that may be built
b. whether or not all income categories, particularly the 30% range, is properly
addressed
c. whether or not to include specific providers of affordable housing in the
language
d. how best to measure progress in meeting goals, such as by numbers or by
percentages
e. what language to include in the text of the Housing Element,
6. The Public hearing was then opened..
7.Members of the public who spoke included Ms. Cathy McCann, Mr. David Tucker, Sr.,
and Ms. Yvonne Beckman.
8.Ms. Manning provided an information sheet showing the definition of affordable
housing and home price ranges and rent ranges for Broward, Miami -Dade, and Monroe
Counties.
9. Staff summarized the proposed modifications, including:
a. Policy 1.3.5 — strike reference to Habitat for Humanity
b. Policies 1.3.6 & 7 - no changes to text language
c. Objective 1.3 — include language noting that 30 units, plus 100 units from the
proposed Hometown Station by the year 2005, and an additional anticipated 150 units by
the year 2010 (reducing the future deficit of affordable housing by
d. Policies 1.3.1, 2, 3, & 4 — no changes
10. Staff noted that a workshop will be scheduled to further address the issue of
affordable housing.
11.Motion: Mr. Cooper moved approval of the proposed amendment, as revised Ms.
Chimelis seconded the motion.
Vote: Approved 7 Opposed 0
(The purpose of the above hearing was to allow for the City of South Miami Planning
Board, serving in its capacity as the Local Planning Agency (LPA), to make
recommendations to the City Commission regarding transmittal of the proposed
Comprehensive Plan amendments to the Florida Department of Community Affairs.)
Discussion was held in regard to the length of Planning Board meetings.
Mr. Cooper asked that the Board institute a three -hour cap on the length of a meeting,
with meetings ending at 10:30 p.m. Mr. Illas seconded the motion. It was agreed that the
cap would not be in place for tonight's meeting.
Vote: Approved 7 Opposed 0
IV. Public Hearings (Planning Board)
PB Minutes 11 -09 -99
2
ITEM: PB -99 -008
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI RELATING TO THE TRANSIT - ORIENTED DEVELOPMENT
DISTRICT (TODD); AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20 -3.1 TO INCLUDE A
DESCRIPTION OF TODD, BY REVISING SECTION 20 -8.3 TO CLARIFY THE
CREATION OF TODD SUBCATEGORIES AND USES PERMITTED THEREIN; BY
REVISING SECTION 20- 8.9(D) TO CLARIFY THE ALLOWABLE HEIGHT OF
BUILDINGS IN THE MU -5 SUBCATEGORY; BY REVISING SECTION 20 -8.17 TO
CLARIFY THE TWO -STORY HEIGHT LIMIT OF BUILDINGS IN THE MU -4 AND
LI -4 SUBCATEGORIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR
SEVERABILITY ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
1.The request was read into the, record.
2.Staff presented the item noting that the amendment includes only technical corrections
to the TODD District.
3.Staff recommended that two additional TODD subcategories must be
included:TODD -PI ( Public/Institution) and TODD -PR ( Parks and Reccreation), in that
it has been determined that these zoning areas are included within the boundaries of the
TODD legal description.
4.The Board, and City staff discussed the following:
a. including TODD in the list of zoning use districts
b. indicating TODD subcategories on the Official Zoning Map
c. including PUD -H and PUD -R in the list of zoning use districts
5. The Public hearing was then opened.
6.Members of the public who spoke included Ms. Cathy McCann and Mr. David Tucker.
7. Concern was expressed in regard to density specifically for residential uses in the
TODD
8.The Board requested that staff work on the issue of density as soon as possible.
9.Motion: Mr. Illas moved approval of all amendments as noted, including to Section 20-
3.1 and Section 20 -8.3 and changing Li to LI. Mr. Cooper seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -009
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO APPLICATIONS REQUIRING PUBLIC
HEARINGS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20 -5.5 ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS," IN ORDER TO AMEND THE
FILING SCHEDULE AND REQUIRED SUBMITTAL ITEMS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
l.The request was read into the record.
2.Staffpresented the item to the Board.
3.Staffnoted corrections to Section 20- 5.5(B) and (13)(2) & (3) based upon previous
discussions.
4. The Public hearing was then opened.
5.Members of the public who spoke were Mr. George David and Ms. Yvonne Beckman
PB Minutes 11 -09 -99
6.Concern was expressed in regard to removing the concurrence requirement in Section
20- 5.5(B)(2), Members of the public expressed concern that the City Attorney did not
provide a source for his opinion that concurrent signatures are illegal.
7.The Board and staff discussed the following:
a. how to demonstrate the awareness requirement
b. whether or not to include concurrence
c. changing the word applicant back to person, Section 20- 5.5(B)(3)
8.Motion: Mr. Cooper moved approval .Mr. Illas seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -010
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING
SECTION 20 -4.3 (K)(1) PERTAINING TO REGULATIONS GOVERNING THE
GRANDFATHERING OF NONCONFORMING SIGNS; PROVIDING FOR
ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board noting that one correction had been made to
Section 20 -4.3 (K)(1) as
3.The Board and staff discussed the following issues:
a. language in the ordinance concerning whether a change of ownership would affect
non - conforming status.
b. language in the ordinance concerning whether or not building modification would
require replacement of a non- conforming sign.
c. future inclusion of an amortization schedule in signage regulations
4. The Public hearing was then opened
5.Ms. Cathy McCann strongly suggested that an amortization schedule to phase out non-
conforming signs be included.
6. Several Board members also felt staff should consider drafting an amortization
schedule requiring all non - conforming signs to be phased out
7.Motion: Ms Chimelis moved deferral . It was felt that staff could report back on the
subject of an amortization schedule. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -011
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D) ENTITLED,
"PERMITTED USE SCHEDULE," IN ORDER TO ADD QUICK PRINTING
AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS AND TO
ALLOW ANIMAL HOSPITALNETERINARIAN AS A SPECIAL USE IN
PB Minutes 11 -09 -99
4
CERTAIN DISTRICTS, AND BY REVISING SECTION 20- 3.4(B),
ENTITLED "SPECIAL USE CONDITIONS," IN ORDER TO ESTABLISH
CONDITIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board. Mr. Basu distributed a revised p.2 of the
ordinance which added a definition of quick printing
3.The Board and staff discussed the following:
a. language concerning hours of operation for an animal hospital
4.The public hearing was the opened
5.Mr. Zeik Guilford., an attorney representing a clinic supported the amendment.
6. It was pointed out that the provisions allow for for emergency services outside of the
specified hours of operation.
7.Motion: Mr. Coopers moved approval as so noted. Mr. Wiscombe seconded the
motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -012
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT
OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20-
7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN
DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL
ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY,
INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S
COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
l .The request was read into the record.
2.Staff as part of its presentation noted that the ordinance implements a 1998
Comprehensive Plan amendment and also places the Hometown District on the Official
Zoning Map.
3.The Board and staff discussed the following issues:
a. the definition of a story and that a story applies to a building, not a parking structure
4. The Public hearing was then opened
5.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
6.Concerns from the public included
a. that language be made specific to show that a parking level is the same as a story
b. that language involving density and FAR be clarified
c underlying zoning should be removed if there is an overlay zone.
d. in regard to residential projects it was felt that the requirement for first floor retail
space should be reconsidered.
e. language involving FAR for the total development being 1.6 was discussed
f. it was suggested that input from ad -hoc committees studying Hometown issues be
obtained before further considering this item
PB Minutes 11 -09 -99
5
5.The Board and staff further discussed the following issues
a. that Comprehensive Plan language is being incorporated into the LDC,is required by
an amendment to the Comprehensive Plan and that the change should have taken
place within one year
b. that no new language or new intent is being introduced
c. that the Comprehensive Plan and the LDC do not have match word - for -word in
meeting the intent of the Comprehensive Plan
d. the staff suggested that more specific percentages of mixes uses could be placed in
the LDC, however this could involve certain decisions that should be reviewed by the
Howntown committee
6. Motion: Mr. Wiscombe moved deferral. Mr. Lefley seconded the motion. The staff
was asked to return with more specific standards for the LDC amendment.
Vote: Approved 7 Opposed.0
ITEM: PB -99 -013
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO UNITY OF TITLE; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" AND SECTION 20 -5,
ENTITLED "PROCEDURES AND APPLICATIONS" IN ORDER TO PROVIDE A
DEFINITION, REQUIREMENTS, AND STANDARDS FOR UNITY OF TITLE; BY
REVISING SECTION 20 -3.7, PLANNED UNIT DEVELOPMENTS, SECTION 20-
7.30, HOMETOWN DISTRICT OVERLAY ORDINANCE, AND SECTION 20 -8.16,
TRANSIT ORIENTED DEVELOPMENT DISTRICT IN ORDER TO REQUIRE THE
SUBMISSION OF A UNITY OF TITLE IF CERTAIN CONDITIONS EXIST;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staff noted that the item places in the LDC language concerning Unity of Title, which
provides a "measure of protection" for the City.
4.The Board and staff discussed the following:
a. the Unity of Title does not involve air rights
b. that Unity of Title will apply to any general area in the City
c. that a Unity of Title requirement be placed in the Community Service Overlay
District
d. the release of Unity of Title should require a public hearing and the condition that a
Unity of Title can only be released if the use ceases to exist.
5. The Public hearing was then opened
6.Members of the public who spoke included Ms. Cathy McCann, Ms. Shirley Huebner,
Mr. George David.
7.Concems from the public included
a. that language involving across a public right -of -way or alley is not appropriate
b. that the word from be added, in reference to right -of -way, in order that the phrase
reads located across from public right -of -way or alley.
8.The Board and staff discussed the following issues
a. that a Unity of Title is directly connected to the requirements for which it was granted
PB Minutes 11 -09 -99 6
b. that substantial evidence should be shown in order to allow for a release of a Unity of
Title
c. that language regarding properties " on opposite sides of the street "be used instead of
across the street
9.Motion on amendments: Mr. Morton moved approval. Mr. Cooper seconded the
motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
Motion on ordinance, as amended: Mr. Cooper moved approval. Mr. Morton seconded
the motion.
Vote: Approved 6 Opposed 1 (Ms. Chimelis)
ITEM: PB -99 -014
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY SERVICE (CS)
OVERLAY ZONING DISTRICT; AMENDING CHAPTER 20 OF THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -9.3,
ENTITLED `BOUNDARIES," IN ORDER TO CLARIFY THAT THE CS OVERLAY
ZONING DISTRICT SHALL BE SHOWN ON THE CITY'S OFFICIAL ZONING
MAP; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
1.The request was read into the record.
2.Staff presented the item to the Board.
3.Staff noted that the item will allow for the Community Service Overlay to be shown on
the Official Zoning Map.
4.The Board and staff briefly discussed the following:
a. the status of development that had occurred in the Community Service Overlay
5.Public hearing was held.
6.Members of the public who spoke included Ms. Cathy McCann.
Motion: Mr. Cooper moved approval. Mr. Lefley seconded the motion.
Vote: Approved 7 Opposed 0
ITEM: PB -99 -015
Applicant: Mayor and The City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF
THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC
BEVERAGES," IN ORDER TO EXEMPT RESTAURANTS LOCATED ON U.S.1
(SOUTH DIXIE HIGHWAY) FROM THE DISTANCE REQUIREMENTS FROM
RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. ( STAFF REQUESTS WITHDRAWAL OF THIS ITEM)
Staff noted that the request was withdrawn from consideration.
V. Discussion Item
PB Minutes 11 -09 -99
7
A. Request of City Commission for Planning Board's recommendation on proposed
revisions to Land Use Application Fees (H) 1 through (H) 12 of the City's Permit Fee
Schedule -
Due to the lateness of the hour, the discussion item was not considered.
VI. Approval of Minutes
Minutes of October 26, 1999
The Board duly voted and approved the minutes of October 26, 1999, as submitted.
Vote: Approved 7 Opposed 0
VII. Remarks / Discussion
No remarks
VIII. Adjournment
There being no further business before the Board, the meeting was adjourned at
approximately 12:40 a.m.
PB Minutes 11 -09 -99
8
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Comm'n
Charles Scurr, City Manager
Ronetta Taylor, City Clerk
From: Earl G. Gallop �
Date: November 11, 1999
t I
Re: Proposed Resolution
Charter Amendment Referendum
Subject: The proposed resolution provides ballot questions, ballot summaries,
and proposed amendments to the city charter.
Discussion: Regarding the structure of the charter, the amendments propose to add
the municipal version of the Miami -Dade County Citizens' Bill of Rights as a preamble at
the beginning of the charter, to remove the lengthy legal description of the city's boundaries
to an appendix attached to the back of the charter, and to make numerous amendments to the
charter itself. Most amendments to charter sections, subsections or paragraphs are presented
as single ballot questions. In some instances, amendments to several subsections or
paragraphs are presented together as a single question when the subject matter is viewed as
not being controversial.
The city commission has the complete discretion to approve, modify, or reject any and
all proposed ballot questions and amendments to the charter.
Recommendations: The city attorney recommends that:
1. Question 2: the legal description of the boundary be removed to the end of the
charter, as presented.
2. Question 13: Mark Diaz be invited to explain the subject matter of a
performance -based audit.
3. Question 18: the charter revision commission's version of the franchise
amendment should be disapproved, and the city attorney's version should be
approved because it: (1) provides a more comprehensive statement that all
leasable municipal property rights are subject to the provisions of the charter;
and (2) makes clear that the commission has the power to approve transfers of
the use rights, encumbrances and changes in command and control of any
Mayor and City Comm'n
Charles Scurr, City Manager
Ronetta Taylor, City Clerk
November 11, 1999
Page 2
entity with which the city does business involving the use of municipal
property. This is especially important in connection with public /private
partnerships for the development and use of public property. See city
attorney's memorandum on recommended ballot questions, attached.
4. [New] Question x: Article IV, Section 3C, Bonds — either: (1) present the
question to delete the paragraph in its entirety, as the subject matter is
controlled by the Florida constitution, or (2) adopt the city attorney's version,
which tracks art. VII, sec. 12, local bonds, of the Florida constitution, which
expands the language in the charter regarding the type of financing instruments
required for voter referendum approval and removes from the charter voter
approval for certain refunding bonds, for bonds that are to be issued at a lower
net average cost rate, and for revenue bonds to fmance or refmance projects
that are funded solely from funds derived from the project. The purpose of the
amendment is to require voter approval of bonds and other obligations that
require a pledge of ad valorem and other non - project revenue as security for
the repayment of the debt. Voter approval would not be required where the
refunding bonds reduce the city's obligation, and for revenue bonds that look
solely to project revenues to repay the debt. See city attorney's memorandum.
5. [New] Question y: Article 41), Multi- Annual Contracts — present a question
to amend the multi- annual contract provisions to extend the limitation on
contract terms from 4 to 7 years to accommodate equipment financing
contracts. See city attorney's memorandum.
cc: Bruce J. Hoffinan, Chairperson
Charter Revision Commission
Attachments
Charter Amendment Resolution
Citizens' Bill of Rights
City Attorney's Memorandum
= CITY OF SOUTH MIAMI
v
CITIZENS' BILL OF RIGHTS
(A) This government has been created to protect the governed, not the governing. In order
to provide the public with full and accurate information, to promote efficient administrative
management, to make government more accountable, and to insure to all persons fair and
equitable treatment, the following rights are guaranteed:
1. Convenient Access. Every person has the right to transact business with the City with a
minimum of personal inconvenience. It shall be the duty of the City Manager and the City
Commission to provide, within the City's budget limitations, reasonably convenient times
and places for registration and voting, for required inspections, and for transacting business
with the City.
2. Truth in Government. No City official or employee shall knowingly furnish false
information on any public matter, nor knowingly omit significant facts when giving
requested information to members of the public.
3. Public Records. All audits, reports, minutes, documents and other public records of the
City and its departments, boards, agencies and authorities shall be open for inspection at
reasonable times and places convenient to the public.
4. Minutes and :Ordinance Register. The City Clerk shall maintain and make available for
public inspection an ordinance register separate from the minutes showing the votes of each
member on all ordinances and resolutions listed by descriptive title. Written minutes of all
City Commission meetings and the ordinance register shall be available for public inspection
not later than 30 days after the conclusion of the meeting.
5. Right to be Heard. So far as the orderly conduct of public business permits, any
interested person has the right to appear before the City Commission, municipal department,
agency, or board for the presentation, adjustment or determination of an issue, request or
controversy within the jurisdiction of the governmental entity involved. Matters shall be
scheduled for the convenience of the public, and the agenda shall be divided into
approximate time periods so that the public may know approximately when a matter will be
heard. Nothing herein shall prohibit the City Commission or any governmental entity or
agency from imposing reasonable time limits for the presentation of a matter.
6. Right to Notice. Persons entitled to notice of a City hearing shall be timely informed as
to the time, place and nature of the hearing and the legal authority pursuant to which the
hearing is to be held. Failure by an individual to receive such notice shall not constitute
mandatory grounds for canceling the hearing or rendering invalid any determination made
at such hearing. Copies of proposed ordinances or resolutions shall be made available at a
reasonable time prior to the hearing, unless the matter involves an emergency ordinance or
resolution.
7. No Unreasonable Postponements. No matter once having been placed on a formal
agenda by the City shall be postponed to another day except for good cause shown in the
opinion of the City Commission, other governmental entity or agency conducting such
meeting, and then only on condition that any person so requesting is mailed adequate notice
of the new date of any postponed meeting. Failure by an individual to receive such notice
shall not constitute mandatory grounds for canceling the hearing or rendering invalid any
determination made at such hearing.
8. Right to Public Hearing. Upon a timely request of any interested party a public hearing
shall be held by the City Commission, or municipal department, agency, board, or authority
upon any significant policy decision to be issued by it which is not subject to subsequent
administrative or legislative review and hearing. This provision shall not apply to the City
Attorney and not to any body whose duties and responsibilities are solely advisory.
At any zoning or other hearing in which review is exclusively by certiorari, a party
or his counsel shall be entitled to present his case or defense by oral or documentary
evidence, to submit rebuttal evidence, and to conduct such cross - examination as may be
required for a full and true disclosure of the facts. The decision of any such agency, board,
department or authority must be based upon the facts in the record. Procedural rules
establishing reasonable time and other limitations may be promulgated and amended from
time to time.
9. Notice of Actions and Reasons. Prompt notice shall be given of the denial in whole or
in part of a request of an interested person made in connection with any City administrative
decision or proceeding when the decision is reserved at the conclusion of the hearing. The
notice shall be accompanied by a statement of the grounds for denial.
10. Managers' and Attorneys' Reports. The City Manager and City Attorney shall
periodically make a public status report on all major matters pending or concluded within
their respective jurisdictions.
11. Budgeting. In addition to any budget required by state statute, the City Manager shall
2
prepare a budget showing the cost of each program for each budget year. Prior to the City
Commission's first public hearing on the proposed budget required by state law, the City
Manager shall make public a budget summary setting forth the proposed cost of each
individual program and reflecting all major proposed increases and decreases in funds and
personnel for each program, the purposes therefore, the estimated mileage cost of each
program and the amount of any contingency and carryover funds for each program.
12. Quarterly Budget Comparisons. The City Manager shall make public a quarterly report
showing the actual expenditures during the quarter just ended against one quarter of the
proposed annual expenditures set forth in the budget. Such report shall also reflect the same
cumulative information for whatever portion of the fiscal year that has elapsed.
13. Adequate Audits. An annual audit of the City shall be made by an independent certified
public accounting firm in accordance with generally accepted auditing standards. A summary
of the results, including any deficiencies found, shall be made public. In making the audit,
proprietary functions shall be audited separately and adequate depreciation on proprietary
facilities shall be accrued so the public may determine the amount of any direct or indirect
subsidy.
14. Financial Disclosure. The City Commission shall by ordinance make provision for the
filing under oath or affirmation by all City elective officials, candidates for City elective
offices, such employees as may be designated by ordinance, and such other public officials,
and outside consultants who receive funds from the City, within the City and who may
legally be included, of personal financial statements, copies of personal federal income tax
returns, or itemized source of income statements. Provision shall be made for preparing and
keeping such reports current from time to time, and for public disclosure.
The Commission shall also make provision for the filing annually under oath of a
report by full -time City of all outside employment and amounts received therefrom. The City
Manager may require monthly reports from individual employees or groups of employees
for good cause.
15. Representation of Public. The City Commission shall endeavor to provide
representation at all proceedings significantly affecting the City and its residents before State
and federal regulatory bodies.
16. Commission on Ethics and Public Trust. The Miami -Dade County Commission has
established an independent Commission on Ethics and Public Trust which is available to the
citizens of the county to review, interpret, render advisory opinions and enforce the county
and the City code of ethics ordinances, conflict of interest ordinances, lobbyist registration
and reporting ordinances, ethical campaign practices ordinances, when enacted, and citizens'
3
bill of rights.
(B). The foregoing enumeration of citizens' rights vests large and pervasive powers in the
residents of the City of South Miami. Such power necessarily carries with it responsibility
of equal magnitude for the successful operation of government in the City. The orderly,
efficient and fair operation of government requires the intelligent participation of individual
citizens exercising their rights with dignity and restraint so as to avoid any sweeping
acceleration in the cost of government because of the exercise of individual prerogatives, and
for individual citizens to grant respect for the dignity of public office.
(C). Remedies for Violations. In any suit by a citizen of Miami -Dade County alleging a
violation of this Citizens' Bill of Rights filed in the Miami -Dade County Circuit Court
pursuant to its general equity jurisdiction, the plaintiff, if successful, shall be entitled to
recover costs as fixed by the Court. Any public official or employee who is found by the
Court to have willfully violated this Article shall forthwith forfeit his office or employment.
(D). Construction. All provisions of this Citizens' Bill of Rights shall be construed to be
supplementary to and not in conflict with the general laws of Florida. If any part of this
Article shall be declared invalid, it shall not affect the validity of the remaining provisions.
\\Dell 6100\Documents \City of South Miami \0022 - 001 \1339.doc
0
CITY OF SOUTH MIAMI
OINTER- OFFICE MEMORANDUM
To: Mayor and City Comm'n Date: November 1 1, 1999
From: Earl G. Gallop
Re: Recommended charter revisions
Charter Revisions suggested by city attorney:
Section x. The following question shall be submitted to the electors of the City of
South Miami at the next general election:
Title: QUESTION x: BONDS
SHALL ARTICLE IV, SECTION 3C ENTITLED "BONDS" BE
AMENDED TO EXPAND THE TYPE OF FINANCIAL
INSTRUMENTS THE CITY CAN ISSUE AND TO REQUIRE
VOTER APPROVAL ONLY OF INDEBTEDNESS THAT PLEDGES
CITY ASSETS AS SECURITY FOR REPAYMENT.
YES
NO
If the question is approved by a majority of the voters voting in the general
election, the Charter for the City of South Miami shall be amended to add as
follows:
Art. IV. Finance.
Section 3. Revenues.
C. Bonds. The City shall have the power to issue bonds, certificates of
indebtedness and any form of tax anticipation certificates, payable from ad
valorem taxation and maturing more than twelve months after issuance only
to finance or refinance capital projects and only after an election in which at
least 25% of the voters who are qualified electors, residing in the City, shall
participate and the same shall have been approved by a majority of the votes
�.,;
Mayor and City Comm'n
November 11, 1999
Page 2
cast. Voter referendum approval shall not be required for refunding bonds and
revenue bonds as provided by art. VII, sec. 12, Florida constitution.
Comment. The revised language tracts art. VII, sec. 125 local bonds, of the Florida
constitution, expands the language in the charter regarding the type of financing instruments
requiring voter referendum approval and removes from the charter voter approval for certain
refunding bonds, where bonds are to be issued at a lower net average interest cost rate, and
for revenue bonds to finance or refinance projects that are funded solely from funds derived
from the project. The purpose is to require voter approval of bonds and other obligations that
require a pledge of ad valorem and other non - project revenue as security for the repayment
of the debt. Voter approval is not required where the refunding bonds reduce the city's
obligation, and for revenue bonds that look solely to project revenues to repay the debt.
Section y. The following question shall be submitted to the electors of the City of
South Miami at the next general election:
Title: QUESTION y: MULTI - ANNUAL CONTRACTS
SHALL ARTICLE IV, SECTION 4D ENTITLED "MULTI- ANNUAL
CONTRACTS" BE AMENDED TO INCREASE THE LIMITATION
ON FINANCING CONTRACTS FROM 4 TO 7 YEARS.
YES
NO
If the question is approved by a majority of the voters voting in the general
election, the Charter for the City of South Miami shall be amended to add as
follows:
Art. IV. Finance.
Section 4. Multi - annual contracts.
No contract involving the payment of money out of the appropriations of more
than one year shall be made for a period of more than 4 seven years, nor shall
any such contract be valid unless made or approved by ordinance. Abe
The Commission shall to ppe*id g budget and appropriate funds
in each succeeding budget for contracts extending more than one year as
Mayor and City Comm'n
November 11, 1999
Page 3
nr,,,, digg This section shall not restrict the term of
General Obligation or Revenue Bonds.
Comment: The proposed revision changes the limitation on contract terms from four to
seven years to accommodate equipment financing contracts.
Section 18. The following question shall be submitted to the electors of the City of
South Miami at the next general election:
Title: QUESTION 18. FRANCHISE
SHALL ARTICLE VI, GENERAL PROVISIONS, SECTION 5
ENTITLED "FRANCHISE" BE AMENDED TO EXTEND THE
PERIOD OF TIME FROM 30 TO 50 YEARS THAT THE CITY CAN
LEASE PROPERTY AND TO CLARIFY THE CITY'S CONTROL
OVER SUBSEQUENT TRANSFERS OF RIGHTS TO USE CITY
PROPERTY.
YES
NO
If the question is approved by a majority of the voters voting in the general
election, the Charter for the City of South Miami shall be amended to add as
follows:
Art. VI. General Provisions.
Section 5. Franchise.
No ordinance granting 3 or renewing erg the right to use th-s
allo,° r• blig gr -ounds ^r &, diag° real property or an interest in the real
roe of the City of South Miami to any person, peRoas, -44-m Qr
ou shall be se a4A, .e; effective ; „nleNg the g2ma ig until
passed by a vote of 4/5 of all members of the Commission and not grant
3 or renewal shall be for a longer period than {3Q4 50 years. a4d
a N_o swk grant 3 or renewal � of the right to use t�,stee� 'tom
real property or an interest in the real property of
the City, of a mortgage or other encumbrance on the property, or a change in
Mayor and City Comm'n
November 11, 1999
Page 4
ownership or control of an artificial person with which the city has entered in
a contract shall be transferable except with the approval of an ordinance by 4/5
of the Commission ,.r,iigag . Copies of all transfers, a4d
mortgages, encumbrances, changes in ownership or control, or other
documents affecting the title or use of su@h g;a1949 - leagag the
property shall be filed with the City Manager within x{109 days after notice
is published in a newspaper of tho general circulation in the City of South
Miami once a week for at least two consecutive weeks, not less than 14 days
prior to swh the meeting 3- t4etiso-"t at which the Commission will consider
the g;@Pt ear rnr,n,t.�l „f �,,,.>,_frQU .l,;�o .,,,a Who; matter.
Comment: The proposed revision changes the period that the city commission can lease
property from 30 to 50 years to make it consistent with commercial practice, and makes clear
that the commission has the power to approve transfers of the use rights, encumbrances and
changes in command and control of any entity with which the city does business involving
the use of municipal property. This is especially important in connection with public /private
partnerships for the development and use of public property
\\Dell_6100\Documents \City of South Miami \0022 - 001 \1340.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI RELATING TO CHARTER
AMENDMENTS; PROPOSING AMENDMENTS TO CHARTER;
SUBMITTING BALLOT QUESTIONS TO THE ELECTORATE
OF THE CITY AT THE GENERAL ELECTION SCHEDULED
FOR FEBRUARY 8, 2000; REPEALING PROVISIONS IN
CONFLICT; PROVIDING AND EFFECTIVE DATE
Whereas, the Mayor and City Commission of the City of South Miami by
Resolution No. 48 -98 -10315 created a Charter Review Commission to review the
need or desirability for revisions to the City Charter; and
Whereas, the Mayor and City Commission appointed 11 residents of the
City to the Charter Review Commission and assigned the City Manager, City
Attorney and City Clerk to serve the review commission, the review commission
appointed Bruce J. Hoffinan, Esq., to serve as its chairperson, the commission met
in public sessions from March 8, 1999 to September 27, 1999, the commission
held two advertised public workshops, and the commission made written report
and recommendations to the Mayor and City Commission for revisions to the
charter; and
Whereas, the Mayor and City Commission accepted the written
recommendations of the Charter Review Commission and determines that it is in
the public interest to present the ballot questions regarding revisions to the charter
to the electorate as appear below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 1: CITIZENS' BILL OF RIGHTS
SHALL THE MIAMI -DADE COUNTY CITIZENS' BILL
OF RIGHTS, AS MODIFIED TO SUBSTITUTE THE
"CITY" FOR THE "COUNTY" AND OTHERWISE BE
MADE APPROPRIATE FOR CITY GOVERNMENT, BE
INSERTED AS A PREAMBLE TO THE CHARTER.
Additions shown by underlining and deletions shown by ovomtp;kifig.
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YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
PREAMBLE TO
THE CHARTER FOR THE CITY SOUTH MIAMI
[See App. l for text of the amendment]
Section 2. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title. QUESTION 2: BOUNDARIES
SHALL ARTICLE I, SECTION 3, ENTITLED
"BOUNDARIES," BE AMENDED TO MAKE THE
CHARTER MORE READABLE BY REMOVING THE
LEGAL DESCRIPTION OF THE BOUNDARIES OF THE
CITY OF SOUTH MIAMI FROM THE TEXT OF THE
CHARTER AND ATTACHING IT TO THE END OF THE
CHARTER AS SCHEDULE A.
YES
NO
If the question is approved by a majority of the voters voting in the general
election, the Charter for the City of South Miami shall be amended to add
as follows:
Article 1.
Section 3. Boundaries.
The legal description of the boundaries of the City of South
Miami are attached to the end of this Charter as Schedule A.
Section 3. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Page 2 of 21
1
2 Title: QUESTION 3: COMPENSATION
3
4 SHALL ARTICLE II, SECTION 3, ENTITLED
5. "COMMISSION COMPENSATION," BE AMENDED TO
6 REQUIRE A SEPARATE ORDINANCE INCREASING
7 COMPENSATION TO BE APPROVED BEFORE THE
8 ANNUAL BUDGET IS ADOPTED AND DELAYING THE
9 EFFECTIVE DATE OF ANY INCREASE UNTIL AFTER
10 THE NEXT GENERAL ELECTION.
11
12 YES
13 NO
14
15 If the question is approved by a majority of the voters voting in the
16 general election, the Charter for the City of South Miami shall be
17 amended to add as follows:
18
19 Article II. City Commission.
20 Section 3. Compensation.
21
22 The annual salaries and expense accounts of the commission shall be
23 prescribed by ordinance adopted prior to approval of
24 the annual budget. Increases in salaries and expense accounts of the
25 commission shall take effect after the next general election.
26 Decreases shall take effect upon approval of the budget. atad slaall
27
28 aPP
29
30 Section 4. The following question shall be submitted to the electors of the
31 City of South Miami at the next general election:
32
33 Title: QUESTION 4: FORFEITURE OF OFFICE
34
35 SHALL ARTICLE II, SECTION 4A, ENTITLED
36 "FORFEITURE OF OFFICE," BE AMENDED TO
37 PROVIDE AS ADDITIONAL GROUNDS FOR
38 FORFEITURE SUSPENSION FROM OFFICE BY THE
39 GOVERNOR, REMOVAL BY THE FLORIDA SENATE,
40 BY A COURT, OR BY OPERATION OF THE LAW.
41
42 YES
43 NO
Page 3 of 21
I
2 If the question is approved by a majority of the voters voting in the
3 general election, the Charter for the City of South Miami shall be
4 amended to add as follows:
5
6 Article 11. City Commission.
7 Section 4A. Forfeiture of Office.
8
9 A commissioner shall forfeit lais o; h office if he or she ... (3) is
10 suspended from office by the Governor of the State of Florida, or
11 removed from office by the Florida Senate, by a court of competent
12 jurisdiction, or by operation of the law; (4) is convicted of a felony
13 or crime involving moral turpitude, or 5
14 fails to attend four consecutive regular meetings of the commission
15 without being excused by the commission. Grounds for forfeiture
16 for (1) and (2) will be determined by a court of competent
17' jurisdiction. Grounds for forfeiture for (3), (4) and 5 will be
18 determined by the City Commission.
19
20 Section 5. The following question shall be submitted to the electors of the
21 City of South Miami at the next general election:
22
23 Title: QUESTION 5: FILLING OF VACANCIES
24
25 SHALL ARTICLE II, SECTION 4B, ENTITLED "FILLING
26 OF VACANCIES," BE SUBSTANTIALLY AMENDED TO
27 CLARIFY THE PROCEDURE FOR FILLING
28 VACANCIES IN THE OFFICE OF MAYOR OR
29 COMMISSIONER, TO PROHIBIT A MAYOR OR
30 COMMISSIONER WHO IS REMOVED FROM OFFICE
31 FROM QUALIFYING AS A CANDIDATE IN AN
32 ELECTION TO FILL THE VACANT SEAT AND TO
33 PROVIDE PROCEDURES FOR APPOINTMENT IN THE
34 EVENT OF LOSS OF MORE THAN ONE
35' COMMISSIONER.
36
37 YES
38 NO
39
40 If the question is approved by a majority of the voters voting in the
41 general election, the Charter for the ,City of South Miami shall be
42 amended to add as follows:
43
Page 4 of 21
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Article II. City Commission.
Section 4B. Filling of Vacancies.
1. Any vacancy on the commission which occurs for less than nine
months before the next general election shall be filled for the
unexpired term by the commission within 30 days from the date of
the vacancy. If the commission fills the vacancy within the
prescribed time, the person appointed by the commission shall serve
in that capacity only until the next general election. If the
commission fails to make the appointment within 30 days, the
vacancy shall be filled by a regular or special election to be held not
less than 45 days nor more than 60 days from the date of the
vacancy. In the event a commission member resigns to run for the
office of Mayor, the commissioner shall notify the City Clerk in
writing of his or her intention to qualify for that office no later than
15 days before the beginning of qualification for the next election.
2.In the event a vacancy occurs more than nine months prior to the
next general election, the commission shall have no power to fill the
vacancy and the unexpired term shall be filled by a special election
being held not less than 30 days nor more than 60 days after the
vacancy exists.
3. If the vacancy occurs in the office of Mayor and the commission
selects a member of the commission as Mayor, a vacancy shall exist
on the commission. If the person selected as Mayor has an
unexpired term as commissioner extending beyond the time of the
next general election, the person shall elect either to qualify for the
office of Mayor for the next general election or to serve temporarily
in the office of Mayor. The person shall elect to qualify for the office
of Mayor by notifying the City Clerk in writing of his or her
intention to qualify for the office of Mayor no later than 15 days
before the deadline for qualification for the next general election.
Qualifying for the office of Mayor shall create a vacancy on his or
her seat as commissioner for the unexpired term. If the person does
not qualify for the office of Mayor, he or she shall be considered as
serving temporarily as Mayor and shall revert automatically to the
unexpired term to which her or she was elected.
4. No person who has forfeited an office on the commission shall be
qualified to run for office to fill the vacancy created by the
forfeiture.
Page 5 of 21
I
2 5. If at any time the membership on the city commission is reduced
3 to less than four members because of suspension, removal or
4 forfeiture of office, the remaining members of the commission shall,
5 by majority vote, appoint additional interim commission members
6 and shall schedule a special election to be held not less than 30 days
7 nor more than 60 days after the loss of a quorum to fill any vacancy
8 that exists for more than nine months prior to the next general
9 election.
10
11 6. In the event that all members of the city commission are removed
12 by death, resignation, suspension, removal, or forfeiture of office,
13 the Governor of the State of Florida shall appoint an interim city
14 commission and the City Clerk shall schedule a special election to be
15 held not less than 30 days nor more than 60 days after the occurrence
16 of the last vacancy to fill all vacancies that exist for more than nine
17 months prior to the next general election.
18
19 Section 6. The following question shall be submitted to the electors of the
20 City of South Miami at the next general election:
21
22 Title: QUESTION 6: SPECIAL MEETINGS
23
24 SHALL ARTICLE II, SECTION 5B, ENTITLED "SPECIAL
25 MEETINGS," BE AMENDED TO CLARIFY THE
26 PROCEDURE FOR FILLING VACANCIES IN THAT
27 NOTICE OF SPECIAL CITY COMMISSION MEETINGS
28 MUST BE GIVEN NOT LESS THAN 24 HOURS BEFORE
29 THE MEETING.
30
31 YES
32 NO
33
34 If the question is approved by a majority of the voters voting in the
35 general election, the Charter for the City of South Miami shall be
36 amended to add as follows:
37
38 Article II. City Commission.
39 Section 5B. Special Meetings.
40
41 Special meetings may be held upon call by the Mayor or three or
42 more Commissioners. Written notice of saw the meeting shall be
43 delivered to the members of the Commission by the City Clerk not
Page 6 of 21
1 less than 24 hours before sash the meeting is held. No
2 business shall be transacted at any special meeting other than that for
3 which the meeting was called. The 24 -hour time
4 limit may be waived in time of public emergency affecting life,
5 health, property or safety.
6
7 Section 7. The following question shall be submitted to the electors of the
8 City of South Miami at the next general election:
9
10 Title: QUESTION 7: ORDINANCES
11
12 SHALL ARTICLE II, SECTION 6A, ENTITLED "FORM"
13 AND 6D, ENTITLED "VOTING PROCEDURE ", BE
14 AMENDED TO CLARIFY THAT THE SUBJECT SHALL
15 BE STATED IN THE TITLE, THE PROCEDURE FOR
16 ADOPTING EMERGENCY AND NON - EMERGENCY
17 ORDINANCES, AND CLARIFYING THE SUBJECTS
18 WHICH REQUIRE FOUR VOTES FOR APPROVAL.
19
20 YES
21 NO
22
23 If the question is approved by a majority of the voters voting in the
24 general election, the Charter for the City of South Miami shall be
25 amended to add as follows:
26'
27 Article II. City Commission.
28 Section 6. Ordinances.
29
30 A. Form. Every proposed ordinance shall be introduced in writing
31 and in the form required for final adoption. No ordinance shall
32 contain more than one subject which shall be clearly expressed in its
33 oaptio title. The enacting clause shall be `BE IT ORDAINED BY
34 THE MAYOR AND CITY COMMISSION OF THE CITY OF
35, SOUTH MIAMI, FLORIDA."
36
37 Any ordinance which repeals or amends an existing ordinance or
38 part of the City Code shall se SaA oi-A i& tho Gaptio^ o clearly
39 identify in the title the ordinance of or section of the code that it
40 seeks to repeal or amend.
41
42 D. Voting Procedure. Voting shall be by roll call. The "yeas" and
43 "nays" shall be recorded individually in the minutes of each meeting.
Page 7 of 21
I I
No Commission member shall be excused from voting except as s
2
441 -414 ;„ W1 ca,.+;,.,, :2 (Con4iru 4134 awos 4 required by law.
3
4
1. Requirements for Adoption. All resolutions or ordinances shall
5
be adopted by not less than three (34 affirmative votes of the Maye
6
aW City Commission-
7
9
10
11
2. 9Y.Gop Except as otherwise provided in this Charter, four
12
(44 affirmative votes of the City Commission shall be required in the
13
following instances:
14
15
To issue bonds or borrow money
16
To grant, renew or amend any lease or franchises ethex 42aa
17
18
To wall 2nd/Q; transfer title to property
19
To liberalize ag -land use and development regulations
20
To appropriate or expend non - budgeted funds
21
To approve an initiatory ordinance pursuant to Article V
22
23
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30
3. Emergency Ordinances. To meet a public emergency affecting
31
life, safety, health, property or the public peace, the Commission
32
may adopt one or more emergency ordinances, but swh an
33
emergency ordinance may not grant, renew or extend a franchise or
34
authorize the borrowing of money except as provided in this Charter.
35
An emergency ordinance will be introduced in the form and manner
36
prescribed for ordinances generally, except that it shall be plainly
37,
designated as an emergency ordinance and shall contain, after the
38
enacting clause, a declaration stating that an emergency exists and
39
describing it in clear and specific terms. An emergency ordinance
40
may be adopted with or without amendment or rejected at the
41
meeting at which it is introduced.
42
Page 8 of 21
I The affirmative vote of
2 4no four members pws@ shall be required for the adoption of an
3 emergency ordinance. After its adoption, the ordinance shall be
4 published as prescribed for other adopted ordinances. It shall
5 become effective upon adoption or at such later date as it may
6 specify. Every emergency ordinance shall automatically stand
7 repealed as of the 31 st day following the date on which it was
8 adopted but this shall not prevent re- enactment of the ordinances in
9 the manner specified in this section, if the emergency still exists. An
10 emergency ordinance may also be repealed by adoption of a
11 repealing ordinance in the same manner specified in this section for
12 adoption of emergency ordinances.
13
14 Section 8. The following question shall be submitted to the electors of the
15 City of South Miami at the next general election:
16
17 Title: QUESTION 8: CITY CLERK
18
19 SHALL ARTICLE II, SECTION 7A3, ENTITLED "A CITY
20 CLERK" BE AMENDED TO MAKE NON - SUBSTANTIVE
21 EDITORIAL CHANGES.
22
23 YES
24 NO
25
26 If the question is approved by a majority of the voters voting in the
27 general election, the Charter for the City of South Miami shall be
28 amended to add as follows:
29
30 Article II. City Commission.
31 Section 7. Officers.
32 A. Appointments.
33
34 3. A City Clerk and such deputies that may be necessary, who shall
35 give notice and attend all Commission meetings, keep the minutes
36 and records of all of the proceedings of the Commission, preserve all
37 books, papers and writing of all kinds committed to his or her care
38 during his or her tenure; keep the corporate seal of the City and affix
39 samo the seal when lawfully directed; administer oaths; have charge
40 of the conduct of municipal elections; act as Supervisor of
41 Registration; aat as Clark oftba MaWeipa4 G and perform such
42 other duties as shall be required by this Charter or by General Laws
Page 9 of 21
I of the State of Florida unless restricted by the Home Rule
2 Amendment provisions of Miami -Dade County.
3
4 Section 9. The following question shall be submitted to the electors of the
5 City of South Miami at the next general election:
6.
7 Title: QUESTION 9: BOARDS AND COMMITTEES
8
9 SHALL ARTICLE II, SECTION 8B, ENTITLED
10 "ORDINANCE PROVISIONS" BE AMENDED TO
11 PERMIT BOARDS AND COMMITTEES RATHER THAN
12 THE CITY COMMISSION TO APPOINT
13 CHAIRPERSONS AND TO PROVIDE FOR THE
14 PRESENTATION OF REPORTS TO THE CITY
15. COMMISSION.
16
17 YES
18 NO
19
20 If the question is approved by a majority of the voters voting in the
21 general election, the Charter for the City of South Miami shall be
22 amended to add as follows:
23
24 Article II. City Commission.
25 Section 8. Boards and Committees.
26
27 B. Ordinance Provisions. For any Board or Committee
28 hereinafter established by ordinance, the Commission, but not by
29 way of limitation, shall provide for the following:
30
31 (1) number of members
32 (2) term of members
33. (34 sologtioi4 @9Gha4p@;r,@
34 (4} (3) quorum for meetings
35 (4} (4) duties of boards and committees
36 (5) presentation of actions of the board or committee to city
37 commission.
38
39 Section 10. The following question shall be submitted to the electors of the
40 City of South Miami at the next general election:
41
42, Title: QUESTION 10: DEPARTMENTS
43
Page 10 of 21
I SHALL ARTICLE II, SECTION 11, ENTITLED
2 "DEPARTMENTS" BE AMENDED TO PROVIDE THAT
3 THE CITY COMMISSION SHALL PRESCRIBE THE
4 FUNCTIONS OF ALL DEPARTMENTS, AND THE
5 DUTIES, AUTHORITIES AND RESPONSIBILITIES OF
6 DEPARTMENT HEADS.
7
8
9 YES
10 NO
11
12 If the question is approved by a majority of the voters voting in the
13 general election, the Charter for the City of South Miami shall be
14 amended to add as follows:
15
16 Article II. City Commission.
17 Section 11. Departments.
18'
19 Except as may be otherwise provided by statute or this Charter, the
20 Commission shall establish, by ordinance, such departments of the
21 City as it deems necessary or advisable and prescribe the functions
22 of all departments, and the duties, authorities and responsibilities of
23 the department heads.
24
25 Section 11. The following question shall be submitted to the electors of the
26 City of South Miami at the next general election:
27'
28 Title: QUESTION 11: BOARDS AND COMMITTEES
29
30 SHALL ARTICLE III, CITY MANAGER, SECTION 8B,
31 ENTITLED "POWERS AND DUTIES" BE AMENDED TO
32 ELIMINATE THE POWER TO PRESCRIBE THE
33 FUNCTIONS OF ALL DEPARTMENTS, AND THE
34 DUTIES, AUTHORITIES AND RESPONSIBILITIES OF
35 DEPARTMENT HEADS, TO INCREASE THE CITY
36' MANAGER'S SPENDING AUTHORIZATION WITHOUT
37 CITY COMMISSION APPROVAL FROM $1,000 TO
38 $5,000 AND TO REQUIRE COMPETITIVE CONDITIONS
39 FOR ALL EXPENDITURES EXCEPT FOR THE
40 PURCHASE OF LEGAL AND EXPERT WITNESS
41 SERVICES.
42
43 YES
Page 11 of 21
I NO
2
3, If the question is approved by a majority of the voters voting in the
4 general election, the Charter for the City of South Miami shall be
5 amended to add as follows:
6
7 Art. II1. The City Manager.
8 Section 5. Powers and Duties.
9
10 The City Manager shall ...
11
12 E. Direct and supervise the administration of all departments,
13 offices and agencies of the City, except as otherwise provided by
14 this Charter or by law•
15 thg &A os d;Qr-; +;og_ an ilo,,.+,•+,�r,or,+ Hnaaa
r P
16
17 H. Contract for the purchase of
18 ®qua goods or services for any department of the City in an
19 amount up to and including E$4- 5,000.00}�
20 >,o ri ha 45, Ma4ag 488MA 4 4eeessa;Y Ma
_ P;@svr
21. te-se. All contracts for goods and services in excess of $1
22 5,000.00 shall be approved by the City Commission.
23
24 All purchases @C s,,ppl os ^,,;,,,,,o„+ ura nant ,•; .,lr co; tha r;+,r
25 a oyowme --t in ovno Que. Tla� ]N md Pall �, «�0 t c ,n�nn nm �
shall
26 be approved by tho City Gowm4i after competitive conditions
27 shall have been maintained and competitive bids sought from at least
28 three different sources of supply, if available, such determination to
29 be made by the Commission. Notwithstanding the foregoing, the
30- City may make purchases through other governmental agencies who
31 that have followed similar bidding procedures. This subsection does
32 not apply to the purchase of legal and expert services that have been
33 approved by the City Commission.
34
35 Section 12. The following question shall be submitted to the electors of the
36 City of South Miami at the next general election:
37
38 Title: QUESTION 12: BUDGET AND ADMINISTRATION
39,
40 SHALL ARTICLE IV, FINANCE, SECTIONS 2D,
41 ENTITLED `BUDGET- ADOPTION" AND 4E, ENTITLED
42 "ADMINISTRATION - AUDIT," BE AMENDED TO
43 PROVIDE THAT THE BUDGET SHALL BE ADOPTED
Page 12 of 21
I BEFORE THE FIRST DAY OF THE NEW FISCAL YEAR,
2 AND REQUIRE THAT ANNUAL INDEPENDENT
3 AUDITS BE PERFORMED IN ACCORDANCE WITH
4 GENERALLY ACCEPTED AUDITING STANDARDS.
5
6 YES
7 NO
8
9 If the question is approved by a majority of the voters voting in the
10 general election, the Charter for the City of South Miami shall be
1 I amended to add as follows:
12
13 Art. IV. Finance.
14 Section 2. Budget.
15
16 D. Adoption. The budget shall be adopted by three (3} affirmative
17 votes of the City Commission �* lat" *her +o„ (, m days ixie« w he
18 bogkw,44g before the first day of the new fiscal year. Should the
19 Commission take no final action on or prior to sad the date, the
20 budget, as submitted, shall be deemed to have been finally adopted
21 by the commission, provided that if the provision for funds in any
22 department or departments exceeds to "mofit X10 %) of the
23 previous year's budget, then as to that department or departments the
24 commission shall be deemed to have approved the previous year's
25 budget.
26
27 Section 4. Administration.
28
29 E. Audit. The Commission shall designate a qualified Certified
30 Public Accountant who, at the end of the fiscal year and at such
31 other times as ordered by the Commission, shall make an
32 independent examination in accordance with generally accepted
33 auditing standards and review of accounts and other uses -of
34 financial transactions by the City gevaximoat, and shall submit such
35 report, together with lais or —h recommendations for improving
36 fiscal control, to the Commission and to the City Manager. gmsb The
37 accountant shall have no personal interest, direct or indirect, in the
38 fiscal affairs of the City government or any of its officers. Na or. she
39 The accountant shall not maintain any accounts or records of the
40 City business, but within specifications approved by the
41 Commission, shall post -audit the annual financial statements of the
42 City and all accounts kept by any office or department of the City.
Page 13 of 21
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The Certified Public Accountant shall not serve as the city's
independent auditor for more than three consecutive years.
Section 13. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 13: PERFORMANCE -BASED AUDIT
SHALL ARTICLE IV, FINANCE, SECTION 4F,
ENTITLED "ADMINISTRATION-PERFORMANCE-
BASED AUDIT," BE CREATED TO REQUIRE A
PERFORMANCE -BASED AUDIT OF EACH
DEPARTMENT AT LEAST ONCE EVERY FIVE YEARS.
YES
NO
If the question is approved by a majority of the voters voting in the
general election, the Charter for the City of South Miami shall be
amended to add as follows:
Art. IV. Finance.
Performance -based audit.
The city commission shall require a performance -based audit for
each department at least once every five years.
Section 14. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 14: CANDIDATES
SHALL ARTICLE V, ELECTIONS, SECTIONS 1B,
ENTITLED "CANDIDATES - QUALIFICATIONS," AND
2C, ENTITLED "GENERAL ELECTIONS - UNOPPOSED
CANDIDATES," BE AMENDED TO PROVIDE CLARIFY
THE RESIDENCY REQUIREMENT, TO PROVIDE FOR
WAIVER OF THE ELECTION ASSESSMENT AND
QUALIFYING FEE, TO AMEND THE CANDIDATES
OATH AND TO PROVIDE THAT UNOPPOSED
CANDIDATES SHALL REMAIN ON THE BALLOT AND
THEIR VOTES WILL BE COUNTED.
Page 14 of 21
I
2 YES
3 NO
4
5 If the question is approved by a majority of the voters voting in the
6 general election, the Charter for the City of South Miami shall be
7 amended to add as follows:
8
9 Art. V. Elections.
10 Section 1. Qualifications.
11
12 B. Candidates.
13
14 (1) Exhibited to the Clerk proof that he or she is a qualified elector
15 of the City of South Miami and has continuously resided in the City
16 of South Miami in a structure designated as residential property for
17 at least one year immediately before the date of the election in ;Waiah
18 130 tar. 440 is sookiag election.
19
20 Z+'vJa;�;40d to 4t,n G-1-wk p;@@9 41 2t lao cw who is n qualified aleat ; 9
z+r :v :evee ee Q :e v :v : :e�:ve: ease ae e: eae :e ee v :veee: v:
21 G 4y n£ Sautb Miami n„d bnn rnnWa;J5, .gad agatiriig ly;@Sj ioii
22
23
24
25 (2) Paid a "a C34ag %n a- -9 -110- n t„ t o G4 G!" . Each person
26 seeking to qualify for nomination or election to a municipal office
27 shall pay, at the time of qualifying for office, an election assessment
28 fee in addition to a qualifying filing fee of $100 paid to the City
29 Clerk. The requirements to pay an election assessment fee and a
30 qualifying fee may be waived as provided by state law.
31
32 (3) Taken the following prescribed sworn oath:
33
34 "I hereby accept the nomination for Mayor /Commissioner, and agree
35 to serve, if elected, and further that I hereby make the following
36 oath:
37
38, State of Florida
39 County of Dade
40
41 Before me, an officer authorized to administer oaths, personally
42 appeared to me well known,
43 who, being duly sworn, says that he /she is a candidate for the office
Page 15 of 21
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of ' that he /she is a qualified
elector of Miami -Dade County, Florida, and the City of South
Miami; and that he /she is qualified under the Constitution and the
laws of Florida, and the charter of the City of South Miami to hold
the office to which he /she desires to be nominated or elected; that
he /she has taken the oath required by ss. 876 -05- 876.10, Florida
Statutes; that he /she has not violated any of the laws of the State,
relating to elections or the registration of electors; that he /she has
qualified for no other public office in the State the term of which
office or any part thereof runs concurrent (with that of) the office
he /she seeks; that he /she has resigned from any office (from) which
he /she is required to resign pursuant to ss. 99.012, Florida Statutes;
and that he /she has submitted a sworn statement of contributions and
expenditures, if any incurred, prior to the time of qualifying and
since the last preceding general election.
Signature of Candidate
Address
Signature and Title of person administering oath
Section 2. General Elections.
C. Unopposed candidates. The names of all unopposed
candidates shall be placed on the ballot. The votes for unopposed
candidates shall be counted and published.
Section 15. The following question shall be submitted to the electors of the
City of South Miami at the next general election:
Title: QUESTION 15: INITIATIVE, REFERENDUM AND
RECALL
SHALL ARTICLE V, ELECTIONS, SECTIONS 6B
ENTITLED "INITIATIVE AND REFERENDUM -
COMMENCEMENT OF PROCEEDINGS; PETITIONERS;
AFFIDAVIT," 6C ENTITLED "PETITIONS," AND 7
ENTITLED "RECALL," BE AMENDED TO DELETE THE
Page 16 of 21
I REQUIREMENT FOR 100 QUALIFIED VOTES TO
2 COMMENCE INITIATIVE OR REFERENDUM
3 PROCEEDINGS, TO REQUIRE THAT VOTERS BE
4 CERTIFIED AS WELL AS QUALIFIED, AND TO
5 PROVIDE THAT RECALL SHALL BE AS PROVIDED BY
6 STATE LAW.
7
8 YES
9 NO
10
11 If the question is approved by a majority of the voters voting in the
12 general election, the Charter for the City of South Miami shall be
13 amended to add as follows:
14
15 Art. V. Elections.
16 Section 4 6. Initiative and Referendum.
17
18 B. Commencement of Proceedings; Petitioners, Cou—;mittew
19 Affidavit.
20
21
22
23 ' oammiuca and
24
25
26
27
28 to be raaansidarad.
29
30 A registered voter of the City of South Miami proposing the exercise
31 of this power of initiative or referendum shall submit the proposal to
32 the City Clerk who shall without delay approve as to form a petition
33 for circulation in one or several copies as the proposer may desire.
34 '
35 The City Clerk shall issue the appropriate petition blanks to the
36 rp oposer .
37
38 C. Petitions.
39
40 (1) Number of signatures. Initiative and referendum petitions must
41 be signed by qualified votes of the City equal in number to at least
42 15% of the total number of qualified voters certified and registered
43 to vote in the last regular City election.
Page 18 of 21
1 Section 16. The following question shall be submitted to the electors of the
2 City of South Miami at the next general election:
3
4 Title: QUESTION 16: CONFLICT OF INTEREST
5'
6 SHALL ARTICLE VI, GENERAL PROVISIONS,
7 SECTION 1 ENTITLED "CONFLICT OF INTEREST" BE
8 AMENDED TO CLARIFY THAT THE CITY'S
9 ORDINANCE SHALL STANDARDS OF CONDUCT AT
10 LEAST EQUAL TO CONDUCT REQUIRED IN ALL
11 STATE STATUTES AND TO PROHIBIT
12 COMMISSIONERS FROM SERVING AS VOTING
13 MEMBERS ON BOARDS.
14
15 YES
16 NO
17
18 If the question is approved by a majority of the voters voting in the
19 general election, the Charter for the City of South Miami shall be
20 amended to add as follows:
21
22 Art. VI. General Provisions.
23 Section 1. Conflict of Interest.
24
25 The city commission shall, by ordinance, enact a conflict of interest
26 ordinance which shall be at least equal to the standards of conduct
277 for public officers and employees as set forth in the state as of
28 lQa �tnri rin and, morn or�nni ii�c',�jay�6li !!s gTlat2RR
29 ,?�_ ae 111 1 � ^s��s��zPe�"d 511.2111 rFhnr an4
30 and the Miami -Dade County
31 code. A commission member may not serve as a voting member of
32' any board that reports to the commission.
33
34 Section 17. The following question shall be submitted to the electors of the
35 City of South Miami at the next general election:
36
37 Title: QUESTION 17. BONDING
38
39 SHALL ARTICLE VI, GENERAL PROVISIONS,
40 SECTION 2 ENTITLED "BONDING" BE AMENDED TO
41 REQUIRE THAT ALL EMPLOYEES WHO HANDLE
42 MONEY TO BE BONDED.
9 %]
Page 19 of 21
I YES
2 NO
3
4 If the question is approved by a majority of the voters voting in the
5 general election, the Charter for the City of South Miami shall be
6 amended to add as follows:
7
8 Art. VI. General Provisions.
9 Section 2. Bonding.
10
11 All employees of the finance department, and any other officer or
12 employee required by the city commission, shall be bonded in an
13 amount and by a surety that is approved by the commission The
15 9W@ y,ga 44 s,,- ,,, un-4 and with sawr@4, as aoo,oa
16 The premiums on &wh bonds of officers and employees of the city
17 shall be paid by the city.
18
19
20 Section 18. The following question shall be submitted to the electors of the
21 City of South Miami at the next general election:
22
23 Title: QUESTION 18. FRANCHISE
24
25 SHALL ARTICLE VI, GENERAL PROVISIONS,
26 SECTION 5 ENTITLED "FRANCHISE" BE AMENDED
27 TO EXTEND THE PERIOD OF TIME FROM 30 TO 50
28 YEARS THAT THE CITY CAN LEASE PROPERTY.
29
30 YES
31 NO
32
33 If the question is approved by a majority of the voters voting in the
34 general election, the Charter for the City of South Miami shall be
35 amended to add as follows:
36
37 Art. VI. General Provisions.
38 Section 5. Franchise.
39
40 No ordinance granting, renewing or leasing the right to use the
41 streets, alleys, public grounds or buildings of the City of South
42 Miami to any person, persons, firm or corporation shall become a
43 law or effective in any way unless the same is passed by a vote of
Page 20 of 21
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4/5 of all members of the Commission and no such grant, renewal or
lease shall be for a longer period than dai#39} 50 years and no
such grant, renewal or lease shall be transferable except with the
approval of 4/5 of the Commission expressed by ordinance.
Section 19. Upon adoption of one or more of the foregoing amendments
to the Charter at the next general elections, all conflicting provisions of the Charter
and the Code of Ordinances shall be repealed.
Section 20. This Resolution shall become effective immediately upon
adoption and amendments to the Charter shall become effective prospectively after
approval by the electors at the next general election.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of 111999.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
\\Dell 6100\Documents \City of South Miami \0022 - 001 \1334.doc
Page 21 of 21
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor & City Commission Date: November 12,1999
From: Charles D. Scurr Agenda Item #
City Manager Re: Comm. Mtg.
11/ 6/99
Conveyance of City Property
The attached resolution sponsored by Commissioner Horace Feliu requires
conceptual approval by Mayor and City Commission of use of City Property
before processing application for development permit.
I RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 LAND DEVELOPMENT; REQUIRING CONCEPTUAL
7 APPROVAL BY MAYOR AND CITY COMMISSION OF USE
8 OF CITY PROPERTY BEFORE PROCESSING APPLICATION
9 FOR DEVELOPMENT PERMIT; PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, the Mayor and City Commission of the City of South Miami
14 are charged with the responsibility for making prudent use and disposition of the
15 property belonging to the City; and,
16
17 WHEREAS, the Code of Ordinances allow certain use of the public right of
18 way such as utility easements, overhangs, and arcades; and,
19
20 WHEREAS, before processing applications for development permits for
21 developments which propose to incorporate the use of City property in the plan of
22 development, applicants should seek a non - binding statement from the Mayor and
23 City Commission whether the use of the City's property will be allowed.
24
25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
27 .
28 Section 1. In the event that any plan for development proposes to make
29 use of City's property, which will require the City to convey such property, the
30 applicant will be advised that the question of conveyance of the City's property
31 must first be presented to the Mayor and City Commission for a non- binding
32 statement of whether the conveyance may be allowed. A non - binding statement by
33 the Mayor and City Commission, in the form of a resolution, whether the use of
34 the City's property will be allowed to further plans of development which propose
35 to incorporate the use of the City's property shall be obtained by applicants before
36 processing applications for development permits. The City Commission, in
37 deciding whether it might convey the property, shall not decide the merits of the
38 application for a development permit, which must come before it for a quasi -
39 judicial hearing and determination after the application has been reviewed by the
40 Planning Board. The City Commission will only consider whether it might be
41 feasible to convey the property under terms and conditions to be negotiated at a
42 later date. No decision of the City Commission at this proceeding shall in anyway
43 bind the City as to whether or not to convey the property, limit the City's power to
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convey or not to convey the property as it sees fit, or create any vested or equitable
rights on the part of the applicant. The Mayor and City Commission retains its
power to change its mind in the future without limitation. This determination only
serves to indicate to the applicant whether the conveyance of City property might
be feasible at a later date. An application for development permit shall not be
processed until this question has be presented to, and decided by, the city
commission. A copy of this resolution or similar written instructions shall be
given to the applicant and noted in the file.
Section 2. Non binding statement of approval for conveyance of City
property will not be required for use of public right of way allowed by other
provisions in the City's Code of Ordinances such as utility easements, ,overhangs,
and arcades.
Section 3 This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 16f' day of November, 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Russell:
Commissioner Bass:
Commissioner Feliu:
Commissioner Bethel:
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: November 12, 1999
From: Charles D. Scuff Re: AGENDA ITEM #
City Manager Commission Mtng.
Selection of CRA Financial Auditor
REQUEST
The attached resolution is seeking the City Commission's authorization for the City Manager to
negotiate a one year contract with the firm of Rodriguez, Trueba & Co., CPA, PA, for the
purpose of providing financial audit of CRA Fund transactions, effective in the fiscal year ending
September 30, 1999, and to provide, at the City's option, three additional one year renewals.
BACKGROUND
Last year, as requested by the City Commission, the City Administration solicited proposals for
financial audit services by means of advertisement in the Miami Herald. Four firms submitted
proposals to the City in response to the ad. They are as follows:
Rodriguez, Trueba & Co., CPA, P.A.
Rachlin Cohen & Holtz. CPA
Sharpton, Brunson & Co., P.A.
KPMG Peat Marwick LLP
The City Commission approved the firm of Rachlin Cohen & Holtz, CPA to conduct the audit of
our General Fund. The City planned on selecting one of the three remaining firms to conduct the
CRA Audit. The City members of the Audit Review Committee met to discuss the proposals
received from the three firms, and, after careful deliberations, recommend the firm of Rodriguez,
Trueba & Co., CPA to provide the service.
Approval of this firm to conduct the audit will bring us in compliance with one of the provisions
of our CRA plan, which requires annual audit of its financial operations.
The cost of performing the service will be charged to the CRA Fund, as provided in the current
fiscal year's budget.
RECOMMENDATION
Approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCIAL AUDIT
SERVICES, AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AUDIT SERVICE CONTRACT WITH THE FIRM OF RODRIGUEZ,
TRUEBA & CO. FOR THE PURPOSE OF AUDITING CRA FUND
FINANCIAL TRANSACTIONS.
WHEREAS, the City of South Miami CRA plan adopted by the Commissions of the City
of South Miami and Miami Dade County in 1998, requires the City to conduct annual audit of all
financial transactions in the CRA Fund; and
WHEREAS, in October 1998, the City solicited for audit services bids and received
responses from four firms; and
WHEREAS, one of the firms that submitted bids at the time was selected to conduct
General Fund audit services for the City, and the City Administration wishes to negotiate a
contract with one of the runner -up firms to perform the audit work for the CRA Fund; and
WHEREAS, the City members of the Audit Review Committee have recommended that
the firm of Rodriguez, Trueba & Co. CPA, PA, perform the audit work for the CRA Fund
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Manager is authorized to negotiate a one -year financial audit
services contract with the firm of Rodriguez, Trueba & Co. CPA. PA to audit CRA Fund for an
amount not to exceed five thousand dollars ($5,000.00).
Section 2. The City Manager is authorized to sign the service contract with the option to
renew for additional years, if so desired by the City.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 51999.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
G
v
STATEMENT RELATIVE TO UNDERSTANDING OF WORK
AND COMMITMENT TO PERFORM WITHIN TIME PERIOD SPECIFIED
BY THE CITY OF SOUTH MIAMI
Rodriguez, Trueba & Company, C.P.A., P.A. ( "RT &C ") will conduct an audit of the general
purpose financial statements of the City of South Miami, Florida (The "City ") in order to express
an opinion on their fair presentation in conformity with generally accepted accounting principles
( "GAAP "). Our audit will be performed to comply with the requirement of Florida Statute 11.45
and the City's Municipal Charter.
RT &C will prepare all reports including those involving supplementary information, as required
by Florida Statutes, the Florida Auditor General, Governmental Accounting Standards Board
AICPA and any such other requirements under generally accepted auditing standards and other
professional standards.
Our audit will be performed in accordance with:
a. Generally Accepted Auditing Standards as set forth by the American Institute of
Certified Public Accountants
b. Generally Accepted Government Auditing Standards as promulgated by the
General Accounting Office
C. Rules of the Auditor General of the State of Florida for form and conduct of local
unit audits
d. Audits of State and Local Government Units ( AICPA Audit Guide Revised)
e. Single Audit Act and OMB Circular A 133
Our audit procedures will include a review and evaluation of the City's internal control structure.
Our audit will be planned to include reporting work as follows:
a. Combined and combining financial statements
b. Individual fund financial statements
C. Supplemental schedules
We will submit a report to the Finance Director at the end of field work identifying conditions
observed in the system of internal accounting controls that might be considered for improvement.
Our report will include the condition's effect on the internal controls and applicable suggestion
for corrective actions.
5
STATEMENT RELATIVE TO UNDERSTANDING OF WORK
AND COMMITMENT TO PERFORM WITHIN TIME PERIOD SPECIFIED
BY THE CITY OF SOUTH MIAMI
- continued-
In the event that any irregularities and illegal acts are noted during the course of our audit, we
will make an immediate written report detailing our findings to the Finance Director, the City
Manager and the City Commission.
The engagement partner as well as the Manager /Supervisor and our audit team members will be
in attendance at all public meetings where discussion of the CAFR is at issue in the City
Commission or at any other time requested by the City's Management or Commission.
We will retain all working papers and reports at our office and at our expense, for a minimum of
five (5) years, unless the firm is notified in writing by the City of the need to extend the retention
period. We will make working papers available for duplication or any other purpose at a
reasonable charge, upon request by the City. Also, the working papers shall be made available
for examination by any approved governmental agency, accounting review board, or any other
agency so designated by the City. In the event the City desires to engage another audit firm in
the future, the working papers will be made available for examination or duplication, at a
reasonable charge, to the successor audit firm engaged by the City.
We will assist the City with the preparation, editing and printing of at least 50 copies of the
Comprehensive Annual Financial Report (CAFR). We understand the City retains the right of
approval of the CAFR with regards to general appearance and binding. The CAFR shall contain,
at a minimum, the following statements and schedules:
a. Combined Balance Sheet - all Fund Types and Account Groups
b. Combined Statement of Revenues, Expenditures and Changes in Fund Balance -
All Governmental Fund Types and Expendable Trust Funds
C. Statement of Revenue and Expenditures - Budget and Actual (Budgetary Basis)
d. Combined Comparative Statement of Revenues, Expenditures and Changes in
Fund Equity - Proprietary Fund Type and Pension Trust Funds
e. Comparative Statement of Cash Flows - Proprietary Fund Type Internal Service
Fund
f. All required note disclosures
g. All necessary combining statements for fund types of which there is more than one
fund
3
u
STATEMENT OF UNDERSTANDING OF WORK
AND COMMITMENT TO PERFORM WITHIN TIME PERIOD SPECIFIED
BY THE CITY OF SOUTH MIAMI
- continued-
With regard to the audit schedule we understand that the City agrees to close its books and
prepare trial balance reports no later than November 30th of each year. We will conduct the
audit examination so that fieldwork will be completed within sixty (60) days after the City closes
its books and prepares the trial balance reports.
We agree to submit copies of adjusting journal entries to the City at the completion of the
fieldwork.
We also agree to submit a draft of the final letter to the Finance Director no later than February
15th each year for review and comment. We will deliver completed copies of the CAFR to the
City at 6130 Sunset Drive, South Miami, Florida, no later than the end of February each year.
During our first audit, we will try to comply with the City's requested schedule. We appreciate
the City's understanding in deviations from the Schedule during the first year.
7
1 ENGAGEMENT PARTNER, MANAGER/SUPERVISOR
The audit will be carried out under the supervision of Carlos M. Trueba, C.P.A., RT &C's partner
in charge of accounting and auditing. Mr. Trueba has over twenty (20) years of experience in
auditing state and local governments as well as nonprofit organizations receiving federal awards
subject to the requirements of Single Audit Act and OMB Circulars.
Since 1995, Mr. Trueba has been the engagement partner in audits of the City of West Miami
and the City of Sweetwater. From 1986 to 1989, Mr. Trueba was the concurring audit principal
in all of his former firm's state and local government audits. The clients included the City of
Sweetwater, City of West Miami, and the Dade County School Board (a joint venture with
Coopers & Lybrand).
Mr. Trueba's responsibilities in these engagements included direct participation in the planning
of the work, review of all audit workpapers and final review of the government's general purpose
r financial statements.
0
From 1986 through 1998, Mr. Trueba has been the engagement principal in all of the firm's
government and nonprofit audit clients. A significant portion of these clients receive federal
funds subject to compliance requirements related to Circular A -133 issued by the Office of
Management and Budget.
As engagement principal, his responsibilities included the overall planning and supervision of the
engagement, communications with client personnel related to significant audit matters, and
overall supervision for the issuance of the general purpose financial statements and related
auditor's reports.
The rest of the audit team consist of the following personnel:
Mariano J. Rodriguez - Concurring Partner
Jarnette Rodriguez - Manager /Supervisor
The concurring partner in the engagement will be Mariano J. Rodriguez, CPA, RT &C's
managing partner as well as partner in charge of consulting services. Mr. Rodriguez has over
seventeen (17) years of public accounting experience and 3 years with a national banking
organization.
Mr. Rodriguez's experience ranges from performing overhead audits for consultants doing work
with the Florida Department of Transportation and supervising staff of 103 as Manager in the
system analysis of AT &T and New Jersey Bell divestiture. Lastly, he headed the internal audit
department of a financial institution with responsibility over $4 billion worth of assets.
12
,',,;c „rr —.ter, � .._ T .. ,. C..,- r- s� -z,{e� ... �rcvc�wr n'�r��.- �•,+r�- 'mrn�.a.�m �raa( ..�., _.x:?.,.. ... ,.,. .. ” �T *`Y'F�*`�:'s�= :^e&4'mn�.�',.v�:
7
ENGAGEMENT PARTNER, MANAGER/SUPERVISOR
- continued-
Mr. Mariano Rodriguez's responsibilities as concurring partner in this engagement will be to
review and approve the final audit plan, review of audit workpapers supporting conclusions on
significant account balances and concurring review of the final draft of the general purpose
financial statements and the related auditors' report.
Since June 1996, Carlos Trueba and Mariano Rodriguez have completed over 60 hours of
continuing education in accounting and auditing for governmental agencies, including over 40
hours in accounting and auditing for state and local governments.
Ms. Jamette Rodriguez will be the Senior Staff in charge of the engagement. She is a CPA in the
State of Georgia. Ms. Rodriguez graduated from Florida International University in September,
1993 with a degree in accounting and is currently completing her Masters in Accounting from
Florida International University. She will be responsible for carrying out the field work in
accordance with the audit plan, and will also supervise the Associate Staff assigned to the
engagement. Ms. Rodriguez is RT &C's staff in charge of all engagements related to
governmental compliance. Ms. Rodriguez has completed over 30 hours of continuing education
in auditing under Government Audit Standards and Compliance Auditing under Circular A- 133.
RT &C currently audits several clients requiring reports under OMB Circular A -133 and over 20
clients subject to audits in accordance with Government Audit Standards issued by the
Comptroller General. The firm also audits mortgage brokers and bankers subject to compliance
with U.S. HUD and FHA, premium finance companies and health maintenance organizations
subject to compliance to the Treasurer of the State of Florida, Department of Insurance, and
engineering firms subject to compliance under contracts with the Florida Department of
Transportation.
Staff assigned
concurrently i n
preparation.
to this engagement will work continuously in the engagement and not work
other audit engagements during the audit planning, field work and report
RT &C's management will commit to continuous monitoring and supervision assuring the
maintenance of the highest quality control standards, achieving a most efficient and
comprehensive audit effort. The partner in charge will visit with the audit team at least on a
weekly basis to review the work performed, resolve any problems encountered and to ascertain
that target dates are being met.
13
RESUMES
u
RESUME
CARLOS M. TRUEBA,.CPA
Engagement Partner
Education: Graduated 1977 from Florida International University with a Bachelors of
Business Administration majoring in accounting and finance. Attended
graduate courses in accounting through 1983.
Experience: Twenty One (21) years of experience in public accounting, including (18) in
supervisory positions (manager and partner /principal) related to audit
engagements. Ten (10) years as senior audit partner in charge of audits of
nonprofit organizations and concurring partner in State and Local Government
clients.
Mr. Trueba is the engagement partner in the audits of the City of West Miami
and the City of Sweetwater. He was the concurring partner in the audits of the
City of Sweetwater for fiscal years 1987 and 1988 and the City of West Miami
for the years 1986, 1987 and 1988.
Achievements: Certified Public Accountant in the State of Florida since 1980. Treasurer of
various charitable organizations including American Cancer Society and the
Dade County Special Olympics. Past President of Kiwams Club of Miami -
Latin, and of The Learning Experience, a school for children with Down's
Syndrome.
15
I
171,
91
RESUME
MARIANO RODRIGUEZ, CPA
Concurring Partner
Education: Graduated 1980 from Florida International University with a Bachelors of
Business Administration majoring in accounting and finance.
Experience: Sixteen (16) years of experience in public accounting, including eleven (11)
years as senior consulting partner for RT &C. Heavy experience in accounting
and auditing for Department of Transportation contractors and clients in the
service industry. Two (2) years as Chief Internal Auditor for a national
banking institution. Mr. Rodriguez was the manager in charge of the ATT
divestiture when working for Coopers & Lybrand, an international accounting
firm.
Achievements: Certified Public Accountant in the State of Florida since 1981. Chartered Bank
Auditor since 1986. Active member of various charitable organizations,
including Camino, a pre - marriage counseling program established by the
Archdiocese of Miami.
Author and lecturer in small business consulting matters.
16
RESUME
JARNETTE RODRIGUEZ, CPA
Engagement Manager /Supervisor
Education: Graduated 1993 from Florida International University with a Bachelors of
Business Administration majoring in accounting and management.
Experience: Five (5) years of experience in public accounting, with emphasis in accounting
and auditing for clients regulated by federal and state governmental agencies.
Ms. Rodriguez has a vast experience in the areas of compliance testing and
reporting under the Single Audit Act of 1996. Ms. Rodriguez is the senior in
charge of the audits of the City of West Miami and the City of Sweetwater.
Achievements: Has successfully passed the Uniform National CPA exam. Active member of
various charitable organizations. Candidate for a Master's Degree in
Accounting from Florida International University. She is a member of The
American Insititue of Certified Public Accountants.
EXPERIENCE IN GOVERNMENT
RT &C is a professional accounting firm with offices in Miami. Our firm has performed
continuous professional accounting services in the South Florida area since 1986. We are
members in good standing of the American and Florida Institutes of Certified Public Accountants
and the Cuban American CPA Association. The firm renders services to private, nonprofit and
governmental organizations who represent nearly all facets of the economic spectrum. The
following services are provided to the firm's clients:
* Comprehensive Accounting Services
These services include the full spectrum of the accounting practice. They range from
account write -up to compilation, review or audits of financial statements, which include
our government funded and regulated clients.
* Tax Services
These services include the planning for and preparation of our clients' tax returns. Our
firm strives to be alert to possible planning opportunities to maximize tax savings to our
clients. We subscribe to various tax services and publications and hold quarterly seminars
among our staff to discuss tax law changes.
* Leual Services Division
This area of our organization provides services such as business valuations, damage
appraisals and overall litigation support. We work closely with attorneys, insurance
companies and regulatory agencies to maximize the full use of our services.
* Consulting Services
These services include design of budgetary and accounting control systems. Our services
complement implementation of control structures with management information and
reporting systems.
Our services are provided to clients in a wide range of industries. We have provided the services
referred above to the following:
0
IN
- Nonprofit organizations
- State and local government
- Governmental agencies
- Manufacturers
- Distributors and wholesalers
- Retailers
- Real estate related and construction companies
- Insurance companies, agents and other insurance related entities
- Import/Export companies
- Professionals
0
IN
EXPERIENCE IN GOVERNMENT
- continued -
RT &C is structured in the following manner:
EXECUTIVE
COMMITTEE
Director of Business
Development
NIIIIIIIIIIIIII
PIC ACCOUNTING ,: PIC TAXES PIC CONSULTING'
& AUDITING
CLERICAL 3 CLERICAL 8 CLERICAL d
PROFESSIONAL PROFESSIONAL PROFESSIONAL
ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE
.STAFF STAFF STAFF STAFF STAFF STAFF
The following is a brief description of our professional classifications:
Principals
Our partners are CPA's and all have more than fifteen (15) years of diversified public accounting
experience. The partners have a diversified business experience in public practice and private
industry. They are responsible for overall engagement policy, firm direction and quality control.
Senior Accountants
Our senior accountants have a minimum of three years of diversified public accounting
experience. They perform audit procedures, supervise staff, review findings and prepare audit
reports. In general seniors have demonstrated, through previous performances, their ability to
handle the in- charge responsibilities.
19
EXPERIENCE IN GOVERNMENT
-continued-
Staff Accountants
All our senior assistants are graduates from accredited universities with major course work in
accounting and have achieved above average grades. They assist in performing auditing
engagements and continue to expand their skills through job training and continuing education
programs.
A breakdown of the firm's total personnel by classification follows:
Partners and directors 2
Seniors
2
Staff
4
Administrative
3
Total employees
11
RT &C's principals are heavily involved in their communities, and have vested commitments in
Florida. RT &C's commitment is evidenced by the offering of professional services and
organizational skills to governmental agencies and departments in the Tri County Area (Dade,
Broward and Palm Beach) and throughout the State of Florida.
The following describes RT &C's expertise in performing accounting services for governmental
entities.
1. RT &C audits the City of West Miami and the City of Sweetwater. These Cities are very
similar in size and budget to the City of South Miami.
2. RT &C audits a number of nonprofit organizations receiving federal financial assistance.
These audits are subject to the requirements set forth in OMB Circular A -133.
3. RT &C's principal in charge of accounting and auditing has worked in large governmental
audits in a supervisory capacity. Additionally he was in charge of audits of various state and
local government units as well as Section 8 Projects of Metropolitan Dade County HUD.
4. RT &C's principal in charge of consulting services in responsible for all our engagements with
the Florida Department of Transportation. The engagements include the supervision and
review of all overhead certification audits required by Florida Statutes. He is a charter bank
auditor and his experience includes Audit Vice President of a $20 billion financial institution.
20
REFERENCES
Rodriguez, Trueba & Co. and its partners have been successfully performing audits of entities
receiving public support for many years. The following information summarizes the
requirements of the Request for Proposal (R.F.P.).
a. Engagement: City of West Miami
b. Budget: $3 Million General Fund
c. Total staff hours: 250 Engagement hours in total
d. Scope of work: Rodriguez, Trueba & Co. performs an audit of the client's
financial statements in accordance with GAS and OMB Circular
A -133. We also prepare reports on client compliance with State
of Florida, Office of the Comptroller General
e. Date: Our engagement takes place from August 1998 to January 1999
f. Engagement Partners: Audit: Carlos M. Trueba, C.P.A.
Engagement: Carlos M. Trueba, C.P.A.
Concurring Review: Mariano J. Rodriguez, C.P.A.
g. Client Contact: Yolanda Aguilar - City Manager
Hon. Rebecca Sosa - Mayor - (305)266 -1122
a. Engagement: City of Sweetwater
b. Budget: $4 Million General Fund
c. Total staff hours: 300 Engagement hours in total
d. Scope of work: Rodriguez, Trueba & Co. performs an audit of the client's
financial statements in accordance with GAS and OMB Circular
A -133. We also prepare reports on client compliance with State
of Florida, Office of the Comptroller General
e. Date: Our work was performed from September, 1998 to February 28,
1999
REFERENCES
- continued-
f. Engagement Partners: Audit: Carlos M. Trueba, C.P.A.
Engagement: Carlos M. Trueba, C.P.A.
Concurring Review: Mariano J. Rodriguez, C.P.A.
g. Client Contact: Michael Lavin - Finance Director (305)221 -0411
Hon. Jose "Pepe" Diaz - President, City Council
Hon. Gloria Bango - Mayor
22
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Honorable Mayor
d C't C ' ion
Date: November 11, 1999
an i y ommiss
From: Charles D. Scurf Subject: Agenda Item,4 A70
City Manager fa4loll Commission Meeting 11/16/99
Safe Neighborhood Parks
Grant Application
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING APPLICATION
FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND
PROGRAM.
BACKGROUND AND ANALYSIS
The Office of Safe Neighborhood Parks has informed the City that additional funding is available
for capital development projects through Safe Neighborhood Parks Interest Earnings Grants.
These grants will award lesser amounts of money than those grants awarded during the previous
Safe Neighborhood Parks grant cycle, but still afford the City of South Miami an excellent
opportunity to fund a much needed capital development project in its municipal parks.
The Parks and Recreation Department has identified its Construction and Renovation
Enhancement Program (CARE) as a priority capital development project which is congruous with
the purpose and intent of the Safe Neighborhood Parks Program. CARE strives to (1) construct
new tot -lot facilities at Brewer Park, Murray Park and Palmer Park and (2) renovate restroom
facilities at Palmer Park and Dante Fascell Park. The construction of additional tot -lots would
build on the success of the new tot -lot at Fuchs Park, which has demonstrated the great demand
for such facilities in South Miami, while the renovation of the antiquated restroom facilities at
Palmer Park and Dante Fascell Park would allow the City to provide those essential facilities at a
level -of- service commensurate with the outstanding quality of those parks.
Approval of the attached resolution is required as part of the grant application, and it will allow
the City the opportunity to apply for the $300,000 necessary to implement CARE.
RECOMMENDATION
Approval.
I RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
5 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
6 APPLICATION FOR GRANT FROM THE SAFE
7 NEIGHBORHOOD PARKS BOND PROGRAM.
8
9 WHEREAS, the citizens of Miami -Dade County have authorized the issuance of
10 general obligation bonds (the "Bonds ") for the purpose of financing capital improvement
11 programs for certain parks, beaches, natural areas and recreation facilities; and
12
13 WHEREAS, to implement and give effect to the bond program, Miami -Dade
14 County, Florida enacted Ordinance No. 96 -115, the Safe Neighborhood Parks Ordinance
15 (the "Ordinance "); and
16
17 WHEREAS, it is necessary and desirable to improve the quality of life, to benefit
18 property values, to promote prevention of juvenile crime by providing positive recreation
19 opportunities, and to improve the recreation facilities for youth, adult, and senior citizens
20 in this community through the improvement of our parks and natural areas; and
21
22 WHEREAS, in order to foster those important values, the project more specifically
23 listed below has been identified for reimbursement pursuant to the terms of the Ordinance;
24 and
25
26 WHEREAS, pursuant to the terms of the Ordinance, the passage of this resolution
27 and the acts contemplated by this resolution are conditions to obtaining a grant; and
28
29 WHEREAS, the City of South Miami wishes to make application for the grant
30 monies for the project listed below subject to all terms and conditions of the Ordinance.
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
33 COMMISSION OF THE CITY OF SOUTH MIAMI:
34
35 Section 1. The City Commission hereby authorizes the City Manager to make
36 application for a grant for the project and in the amount listed below, and in connection
37 with such application to execute such grant agreement and other contracts and documents,
38 to expend Safe Neighborhood Parks bond funds received for the purposes described in the
39 funding request, to execute any necessary amendments to the grant application and
40 contracts, and take such other acts as may be necessary to bind the City of South Miami
41 and accomplish the intent of this resolution. Application shall be made with respect to the
42 following project in the amount set forth below.
43
44 Grant Title Total Grant
45 Construction and Renovation Enhancement Program $300,000
46 '
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Section 2. The City of South Miami shall complete the Project in accordance
with the terms of the grant agreement, the Ordinance, and the administrative rules
authorized by the Citizens' Oversight Committee (the "Committee ") to implement the
Ordinance. If the total cost of the Project exceeds the value allocated in the grant, then
the City of South Miami will provide any supplemental funds required to complete the
Project. In the event that supplemental funds are necessary for completion of a Project, as
of the point in time that it is known that supplemental funds are needed, the City of South
Miami will demonstrate that such supplemental funds have been committed to the Project
prior to and as a condition of disbursement or further disbursement of grant funds. The
requirement for the City of South Miami to provide any supplemental funds required to
complete the Project may, at the sole discretion of the Committee, be modified in whole or
in part by a reduction in scope of work consistent with the Ordinance.
Section 3. The City of South Miami recognizes and directs that any beach,
park, or other public facility acquired, developed, rehabilitated or restored with bond
funds, including the Project, shall be open and accessible to the public without
discrimination as to race, color, gender, age, religion, belief, residence, national origin,
marital status or disability.
Section 4. To the extent allowed by law, the City of South Miami shall commit
any and all funds which may be required to operate, maintain and provide programming at
the Project upon its completion.
Section 5. No substitution in capital project funding by the City of South
Miami shall occur as a result of the grant for which the City of South Miami is applying.
PASSED AND ADOPTED this day of , 1999.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Page 2 of 2
Commission Vote:
Mayor Robaina:
Vice Mayor Russell:
Commissioner Bass:
Commissioner Bethel:
Commissioner Feliu:
- CITY OF SOUTH MIAMI
® INTER- OFFICE MEMORANDUM
To: Mayor and City Comm'n
Charles Scurr, City Manager
Ronetta Taylor, City Clerk
From: Earl G. Gallop
Date: November 11, 1999
Re: Proposed Ordinance
_A
Prohibited Campaign Contributions
By Vendors
Subject: The proposed ordinance prohibits campaign contributions by vendors
of the City of South Miami, directly or indirectly, to candidates for elective office, prohibits
candidates from receiving contributions from vendors, directly and indirectly, provides
penalties for each person who violates the prohibition, disqualification of persons who make
campaign contributions to successful candidates from being a vendor for a period of 6
months following election, and forfeiture of illegal contributions to the city's general revenue
fund.
Discussion: The experience of the mayor and city commissioners has shown that in
the City of South Miami, a municipality with a relatively small population, vendors of the
city who can marshal substantial amounts of campaign contributions to selected candidates
can have a significant effect on the outcome of municipal elections. The mayor and
commissioners have been concerned for some time that such ability to marshal money for
chosen candidates can create an environment in which the candidate is expected to give the
vendor political favors, in the nature of approval of contracts, or creates the appearance of
impropriety and public corruption. The purpose of the ordinance is to reduce the potential
influence of vendors on elections and on the subsequent awarding of contracts.
The mayor and city commission recognizes that any regulation of campaign financing
affects first amendment rights of electors. The city has the power to adopt an ordinance that
is narrowly tailored to achieve a compelling governmental interest. The proposed ordinance
is directed only to vendors, to persons who act on behalf of vendors, and to candidates, to
prohibit them from giving, soliciting, and accepting contributions from vendors.
Mayor and City Comm'n
November 11, 1999
Page 2
Administration: The proposed ordinance will be an amendment to the existing
conflict of interest and code of ethics ordinance. Violations may be investigated and
prosecuted by the city manager and city attorney, the city commission, or the Miami -Dade
County Commission on Ethics and Public Trust. At the time an alleged violation occurs, this
commission can determine the appropriate body to investigate and prosecute the matter.
Since the proposed ordinance imposes fines for violations, it is important for the city
manager to develop a list of approved vendors, and for the city manager, and, or, the city
clerk to give written notice of the prohibitions to candidates and to vendors of the city.
Recommendation: Approval of the proposed ordinance.
Enclosures
Proposed Ordinance
Section 8 A -1. Conflict of Interest and Code of Ethics Ordinance
Proposed Miami -Dade County ordinance relating to campaign financing
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION
5 CAMPAIGN FINANCING; CREATING A NEW PARAGRAPH 8A -1(p)
6 OF THE CITY CODE OF ORDINANCES, ENTITLED "PROHIBITED
7 CAMPAIGN CONTRIBUTIONS BY VENDORS"; PROHIBITING
8 CONTRIBUTIONS BY VENDORS AND OTHER PERSONS ON
9 BEHALF OF VENDORS TO CANDIDATES FOR MAYOR OR
10 COMMISSIONER OF THE CITY OF SOUTH MIAMI; PROHIBITING
11 CANDIDATES FROM SOLICITING OR ACCEPTING
12 CONTRIBUTIONS BY VENDORS OR OTHER PERSONS ON BEHALF
13 OF VENDORS; PROVIDING DEFINITIONS, FINES AND
14 FORFEITURE OF PROHIBITED CONTRIBUTIONS TO THE CITY'S
15 GENERAL REVENUE FUND; PROVIDING FOR RENUMBERING,
16 SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE
17 DATE.
18
19
20 Whereas, the Mayor and City Commission of the City of South Miami recognize
21 that political speech and political association are fundamental rights protected by the First
22 Amendment of the United States Constitution; and
23 Whereas, the Mayor and City Commission of the City of South Miami further
24 recognize that persons have an absolute right to support political ideas and that the right
25 to support political candidates is subject to the qualified power to the City to adopt and
26 enforce requirements that are narrowly tailored to accomplish a legitimate, compelling
27 government interest; and
28
Whereas,
Florida law limits
individual campaign contributions
to $500.00 per
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person for any
candidate and the
City has further limited campaign
contributions to
30 $250.00 per person for any candidate for elective municipal office; and
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1 Whereas, the Mayor and City Commission desire to protect the integrity of the
2 electoral process for candidates for elective municipal office in which candidates who
3 lack substantial personal or family wealth must depend on the financial contributions of
4 supporters to provide the funds necessary to conduct a successful campaign; and
5 Whereas, the making of campaign contributions by vendors of the City to
6 candidates for Mayor and Commissioner carriers a suggestion that the candidate, if
7 elected, might give quid pro quo favors to the vendors; and
8 Whereas, the granting of quid pro quo favors to vendors is improper and corrupt,
9 and the mere appearance of granting such favors undermines the confidence of the public
10 in our municipal system of representative democracy; and
11 Whereas, the City has compelling governmental interests in maintaining public
12 confidence in its elected officials and in avoiding improper influence by vendors and
13 public corruption; and
14 Whereas, this ordinance prohibits vendors from making contributions, directly and
15 indirectly, to candidates for elective municipal office, prohibits candidates from accepting
16 contributions from vendors of the City, further prohibits the City from contracting with a
17 person for a period of six months following an election in which the person made a
18 contribution to a candidate, imposes a fine against any vendor and against any other
19 person who, on behalf of a vendor, makes a contribution in violation of this ordinance,
20 imposes a fine against any candidate who accepts a contribution in violation of this
Pa
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2 revenue fund; and
3 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
5 Section 1. Section 2- 310(p) of the City of South Miami Code of Ordinances is
6 amended to create a new paragraph to read:
7 (o) Prohibited campaign contributions by vendors.
8 (1) No person who is a vendor to the City of South Miami shall give a
9 campaign contribution directly, or through a member of the person's
10 immediate family, or through 'a political action committee, or through any
11 other person, to a candidate, or to the campaign committee of a candidate,
12 for the offices of Mayor or Commissioner. No candidate, or campaign
13 committee of a candidate for the offices of Mayor or Commissioner, shall
14 solicit or receive any campaign contribution from a person who is a vendor
15 to the City, or through a member of the person's immediate family, or
16 through a political action committee, or through any other person on behalf
17 of the person. This prohibition applies to natural persons and to persons
18 who hold a controlling financial interest in business entities.
19 (2) A fine of up to $500.00 shall be imposed on every person who violates this
20 prohibition. Each act of soliciting, giving or receiving a contribution in
21 violation of this paragraph shall constitute a separate violation. All
3
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contributions received by a candidate in violation of this paragraph shall be
2 forfeited to the City's general revenue fund.
3 (3) A person who directly, or through a member of the person's immediate
4 family, or through a political action committee, or through any other person
5 makes a contribution to a candidate who is elected to the office of Mayor or
6 Commissioner shall be disqualified for a period of 6 months following the
7 swearing in of the elected official from transacting business with the City.
8 This prohibition on transacting business with the City may be waived only
9 in the manner provide in section 8A -1(c).
10 (3) As used in this paragraph,
11 (a) A "vendor" is a person who transacts business with the City, or has
12 been approved by the City Commission to transact business with the
13 City, or is listed on the City Manager's approved vendor list.
14 (b) A "contribution" is:
15 (i) a gift, subscription, conveyance, deposit, loan, payment, or
16 distribution of money or anything of value, including
17 contributions in kind having an attributable monetary value.
18 (ii) A transfer of funds between political committees, between
19 committees of continuous existence, or between a political
20 committee and a committee of continuous existence.
rd
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I (iii) the payment, by any person other than a candidate or political
2 committee, of compensation for the personal services of
3 another person which are rendered to a candidate or political
4 committee without charge to the candidate or committee for
5 such services.
6 (iv) The transfer of funds by a campaign treasurer or deputy
7 campaign treasurer between a primary depository and a
8 separate interest - bearing account or certificate of deposit, and
9 the term includes any interest earned on such account or
10 certificate.
11 Section 2. Existing Section 2- 310(p) of the City of South Miami Code of
12 Ordinances shall be renumbered as Section 2- 310(q) and subsequent sections shall also
13 be renumbered.
14 Section 3. This ordinance shall be included in the Code of Ordinances.
15 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
16 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
17 shall not affect the validity of the remaining portions of this ordinance.
18 Section 5. All ordinances or parts of ordinances in conflict with the provisions
19 of this ordinance are repealed.
20 Section 6. This ordinance shall take effect immediately upon approval.
I PASSED AND ADOPTED December 7, 1999.
2
3 ATTEST:
4
5
6 CITY CLERK
7
8
9
10
11 READ AND APPROVED AS TO FORM
12
13
14 CITY ATTORNEY
15
16
APPROVED:
MAYOR
1St Reading -
2"d Reading —
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
6
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO ETHICS, AMENDING CHAPTER
8A OF THE CODE OF ORDINANCES OF THE CITY OF
SOUTH MIAMI, ENTITLED "CODE OF ETHICS ";
PROVIDING STANDARDS, PROCEDURES ON
COMPLAINT OF VIOLATION AND PENALTIES;
REPEALING SECTIONS 8A -1, "DECLARATION OF
POLICY," 8A -2, "DEFINITIONS," 8A -4, "CONFLICT OF
INTEREST "; RENUMBERING 8A -4.1, "INFLUENCE OF
BOARD MEMBERS BY MAYOR AND COMMISSIONERS,
APPEARANCE BEFORE BOARDS," PROVIDING FOR
REPEAL, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami wish to
establish and to exercise primary authority for enforcing standards of ethical conduct and
behavior for City officials and personnel; and,
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
establish the City's own procedures and evidentiary standards for determining complaints of
ethical violations; and,
WHEREAS, the Mayor and City Commission of the City of South Miami intend that
the City's determinations on complaints of ethical violations shall be entitled to a
presumption of correctness by a reviewing court or by the Miami -Dade County Commission
on Ethics and Public Trust and the Florida Commission on Ethics, and its determinations will
not be disturbed unless a reviewing court or commission first determines that the
determination is not supported by substantial competent evidence or the conclusions of law
are incorrect as a matter of law; and,
WHEREAS, the adoption of a Conflict of Interest and Code of Ethics ordinance is
in the best interests of the City of South Miami.
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO ETHICS, AMENDING CHAPTER
8A OF THE CODE OF ORDINANCES OF THE CITY OF
SOUTH MIAMI, ENTITLED "CODE OF ETHICS ";
PROVIDING STANDARDS, PROCEDURES ON
COMPLAINT OF VIOLATION AND PENALTIES;
REPEALING SECTIONS 8A -1, "DECLARATION OF
POLICY," 8A -2, "DEFINITIONS," 8A -4, "CONFLICT OF
INTEREST "; RENUMBERING 8A -4.1, "INFLUENCE OF
BOARD MEMBERS BY MAYOR AND COMMISSIONERS,
APPEARANCE BEFORE BOARDS," PROVIDING FOR
REPEAL, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami wish to
establish and to exercise primary authority for enforcing standards of ethical conduct and
behavior for City officials and personnel; and,
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
establish the City's own procedures and evidentiary standards for determining complaints of
ethical violations; and,
WHEREAS, the Mayor and City Commission of the City of South Miami intend that
the City's determinations on complaints of ethical violations shall be entitled to a
presumption of correctness by a reviewing court or by the Miami -Dade County Commission
on Ethics and Public Trust and the Florida Commission on Ethics, and its determinations will
not be disturbed unless a reviewing court or commission first determines that the
determination is not supported by substantial competent evidence or the conclusions of law
are incorrect as a matter of law; and,
WHEREAS, the adoption of a Conflict of Interest and Code of Ethics ordinance is
in the best interests of the City of South Miami.
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1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
3
4 Section 1. Chapter 8A of the Code of Ordinances of the City of South Miami is
5 amended to repeal section 8A -1, "Declaration of policy," section 8A -2, "Definitions" and
6 section 8A -4, "Conflict of interest."
7 Section 2. Chapter 8A of the City Code is amended to create section 8A -1 through
8 section 8A -2 as follows:
01
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Sec. 8A -1. Conflict of interest and code of ethics ordinance.
(a) Designation. This section shall be designated and known as the "City of South
Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be
applicable to all City personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi -
judicial personnel, advisory personnel and departmental personnel. The
provisions of the City of South Miami Conflict and Code of Ethics Ordinance
shall be applied in a cumulative manner. By way of example, and not as a
limitation, subsections (c) and (d) may be applied to the same contract or
transaction.
(b) Definitions. For the purposes of this section the following definitions shall be
effective:
The term "commission members" shall refer to the Moor and the members
of the City Commission.
The term "autonomous personnel" shall refer to the members of
autonomous authorities, boards and agencies, such as the South Miami
Community Redevelopment Agency and the Health Facilities Authority.
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r '
r
1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
3
4 Section 1. Chapter 8A of the Code of Ordinances of the City of South Miami is
5 amended to repeal section 8A -1, "Declaration of policy," section 8A -2, "Definitions" and
6 section 8A -4, "Conflict of interest."
7 Section 2. Chapter 8A of the City Code is amended to create section 8A -1 through
8 section 8A -2 as follows:
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Sec. 8A -1. Conflict of interest and code of ethics ordinance.
(a) Designation. This section shall be designated and known as the "City of South
Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be
applicable to all City personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi -
judicial personnel, advisory personnel and departmental personnel. The
provisions of the City of South Miami Conflict and Code of Ethics Ordinance
shall be applied in a cumulative manner. By way of example, and not as a
limitation, subsections (c) and (d) may be applied to the same contract or
transaction.
(b) Definitions. For the purposes of this section the following definitions shall be
effective:
The term "commission members" shall refer to the Moor and the members
of the City Commission.
The term "autonomous personnel" shall refer to the members of
autonomous authorities, boards and agencies, such as the South Miami
Community Redevelopment Agency and the Health Facilities Authority.
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f
1 (3 ) The term "quasi - judicial personnel" shall refer to the members of the
2 Planning Board, the Environmental Review and Preservation Board, the
3 Code Enforcement Board and such other individuals, boards and agencies
4 of the City as perform quasi - judicial functions.
5 (4) The term "advisory personnel" shall refer to the members of those City
6 advisory boards and agencies whose sole or primary responsibility is to
7 recommend legislation or give advice to the City Commission.
8 (5) The term "departmental personnel" shall refer to the City Clerk the City
9 Manager, department heads, the City Attorney, and all assistants to the City
10 Clerk, City Manager and City Attorney, however titled.
11 (6) The term "employees" shall refer to all other personnel employed by the
12 city.
13 (7) The term "compensation" shall refer to any money, gift, favor, thing of
14 value or financial benefit conferred, or to be conferred, in return for
15 services rendered or to be rendered.
16 (8) The term "controlling financial interest" shall refer to ownership, directly
17 or indirectly, of 10% or more of the outstanding capital stock in any
18 corporation or a direct or indirect interest of 10% or more in a firm,
19 partnership, or other business entity at the time of transacting business with
20 the City.
21 (9) The term "immediate family" shall refer to the spouse parents children,
22 brothers and sisters of the person involved.
23 10 The term "transact any business" shall refer to the purchase or sale by the
24 City of specific goods or services for consideration and to submitting a
25 bid, a proposal in response to a RFP, a statement of qualifications in
26 response to a request by the City, or entering into contract negotiations for
27 the provision on any goods or services, whichever first occurs.
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{
I (c) Prohibition on transacting business with the City. No person included in the
2 terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter
3 into any contract or transact any business in which that person or a member of the
4 immediate family has a financial interest, direct or indirect with the City of South
5 Miami or any person or agency acting for the City of South Miami, and any such
6 contract, agreement or business engagement entered in violation of this
7 subsection shall render the transaction voidable. Willful violation of this
8 subsection shall constitute malfeasance in office and shall effect forfeiture of
9 office or position. Nothing in this subsection shall prohibit or make illegal (1) the
10 payment of taxes, special assessments or fees for services provided by the City
11 government; (2) the purchase of bonds, anticipation notes or other securities that
12 may be issued by the City through underwriters or directly from time to time.
13
14 Waiver of prohibition. The requirements of this subsection may be waived for a
15 particular transaction only by four affirmative votes of the City Commission after
16 public hearing upon finding that.
17 M An open -to -all sealed competitive proposal has been submitted by a City
18 person as defined in paragraphs (b)(2), (3) and (4), or,
19 (2) The proposal has been submitted by a person or firm offering services
20 within the scope of the practice of architecture, professional engineering,
21 or registered land surveying, as defined by the laws of the State of Florida
22 and pursuant to the provisions of the Consultants' Competitive Negotiation
23 Act, and when the proposal has been submitted by a City person defined
24 in paragraphs (b)(2), (3) and (4), or,
25 (3) The property or services to be involved in the proposed transaction are
26 unique and the City cannot avail itself of such property or services without
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,.�
I entering a transaction which would violate this subsection but for waiver
2 of its requirements, and
3 (4) That the proposed transaction will be in the best interest of the City.
4
5 This subsection shall be applicable only to prospective transactions, and the City
6 Commission may in no case ratify a transaction entered in violation of this subsection.
7
8 Provisions cumulative. This subsection shall be taken to be cumulative and shall not
9 be construed to amend or repeal any other law pertaining to the same subject matter.
10
11 (d) Further prohibition on transacting business with the City. No person included
12 in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall
13 enter into any contract or transact any business through a firm, corporation,
14 partnership or business entity in which that person or any member of the
15 immediate family has a controlling financial interest, direct or indirect, with the
16 City or any person or agency acting for the City, and any such contract,
17 agreement or business engagement entered in violation of this subsection shall
18 render the transaction voidable. The remaining provisions of subsection (c) will
19 also be applicable to this subsection as though incomorated by recitation.
OXC;
21 Additionally, no person included in the term defined in paragraph (b)(1) shall
22 vote on or participate in any way in any matter presented to the City Commission
23 if that person has any of the following relationships with any of the persons or
24 entities which would be or might be directly or indirectly affected by any action
25 of the City Commission: (i) officer, director, partner, of counsel, consultant,
26 employee, fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor, or
27 creditor, if in any instance the transaction or matter would affect the person
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I defined in paragraph (b)(1) in a manner distinct from the manner in which it
2 would affect the public generally. Any person included in the term defined in
3 paragraph (b)(1) who has any of the specified relationships or who would or
4 might, directly or indirectly, realize a profit by the action of the City Commission
5 shall not vote on or participate in any way in the matter.
7 (e) Gifts.
8 M Definition. The term "gift" shall refer to the transfer of anything of
9 economic value, whether in the form of money, service, loan, travel,
10 entertainment, hospitality, item or promise, or in any other form, without
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adequate and lawful consideration.
Exceptions. The provisions of paragraph (e)(1) shall not apply to
(i) Political contributions specifically authorized by State law;
(ii) Gifts from relatives or members of one's household, unless the person
is a conduit on behalf of a third party to the delivery of a gift that is
prohibited under paragraph (3);
(iii) Awards for professional or civic achievement;
(iv) Material such as books, reports, periodicals or pamphlets which are
solely informational or of an advertising nature.
`Prohibitions. A person described in paragraphs (b)(1) through (6) shall
neither solicit nor demand anv lift. It is also unlawful for anv person or
enter to offer, give or agree to give to any person included in the terms
defined in paragraphs (b)(1) through (6), or for any person included in the
terms defined in paragraphs (b)(1) through (6) to accept or agree to accept
from another person or entity, any gift for or because of-
(i) An official public action taken, or to be taken, or which could be
taken, or an omission or failure to take a public action;
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(ii) A legal duty performed or to be performed, or which could be
2 performed, or an omission or failure to perform a legal duty;
3 (iii) A legal duty violated or to be violated, or which could be violated by
4 any person included in the term defined in paragraph (b)(1); or,
5 (iv) Attendance or absence from a public meeting at which official action
6 is to be taken.
7 (4) Disclosure. Any person included in the term defined in paragraphs (b)(1)
8 through (6) shall disclose any gift, or series of gifts from any one person or
9 entity, having a value in excess of $25.00. The disclosure shall be made by
10 filing a copy of the disclosure form required by chapter 112, Florida
I 1 Statutes, for "local officers" with the City Clerk simultaneously with the
12 filing of the form with the Clerk of Miami -Dade County and with the
13 Florida Secretary of State.
14
15 (fj Compulsory disclosure by employees of firms doing business with the City.
16 Should any person included in the terms defined in paragraphs (b)(1) through (6)
17 be employed by a corporation, firm, partnership or business entity in which that
18 person or the immediate family does not have a controlling financial interest, and
19 should the corporation, firm, partnership or business entity have substantial
20 business commitments to or from the City or any City agency, or be subject to
21 direct regulation by the City or a City agency, then the person shall file a sworn
22 statement disclosing such employment and interest with the Clerk of the City of
23 South Miami.
24
25 (g) Exploitation of official position prohibited. No person included in the terms
26 defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an
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I official position to secure special privileges or exemptions for that person or
2 others.
N
4 (h) Prohibition on use of confidential information No person included in the terms
5 defined in paragraphs (b)(1) through (6) shall accept employment or engage in
6 any business or professional activity which one might reasonably expect would
7 require or induce one to disclose confidential information acquired by reason of
8 an official position, nor shall that person in fact ever disclose confidential
9 information garnered or gained through an official position with the City, nor
10 shall that person ever use such information, directly or indirectly, for personal
11 gain or benefit.
12
13 (i) Conflicting employment prohibited No person included in the terms defined in
14 paragraphs (b)(1) through (6) shall accept other employment which would impair
15 independence of judgment in the performance of any public duties.
16
17 Prohibition on outside employment
18 M No person included in the terms defined in paragraphs (b)(6) shall receive
19 any compensation for services as an officer or employee of the City from
20 any source other than the City, except as may be permitted as follows:
21 Generally prohibited No full -time City employee shall accept outside
22 employment, either incidental, occasional or otherwise, where City
23 time, equipment or material is to be used or where such employment
24 or any part thereof is to be performed on City time
25 ii When permitted. A full -time City employee may accept incidental or
26 occasional outside employment so long as such employment is not
27 contrary, detrimental or adverse to the interest of the City or any of
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I its departments and the approval required in subparagraph (iii) is
2 obtained.
3
iii Approval of department head required Any outside employment by
4
any full -time City employee must first be approved in writing by the
5
employee's department head who shall maintain a complete record of
6
such employment.
7
iv Penalty. Any person convicted of violating any provision of this
8
subsection shall be punished as provided in Section 1 -11 of the Code
9
of Miami -Dade County and, in addition shall be subject to dismissal
10
by the appointing authority. The City may also assess against a
11
violator a fine not to exceed $500.00 and the costs of investigation
12
incurred by the City.
13
(2) All full -time City employees engaged in any outside employment for any
14
person, firm, corporation or entity other than the City of South Miami, or
15
any of its agencies or instrumentalities, shall file, under oath, an annual
16
report indicating the source of the outside employment, the nature of the
17
work being done and any amount of money or other consideration received
18
by the employee from the outside employment. City employee reports shall
19
be filed with the City Clerk. The reports shall be available at a reasonable
20
time and place for inspection by the public. The City Manager may require
21
monthly reports from individual employees or groups of employees for
22
good cause.
23
24 (k) Prohibited investments. No person included in the terms defined in paragraphs
25 (b)(1) through (6) or a member of the immediate family shall have personal
26 investments in any enterprise which will create a substantial conflict between
27 private interests and the public interest.
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2 (1) Certain appearances and payment prohibited
3 M No person included in the terms defined in paragraphs (b)(1), (5) and (6)
4 shall appear before any City board or agency and make a presentation on
5 behalf of a third person with respect to any matter, license, contract,
6 certificate, ruling, decision, opinion, rate schedule, franchise, or other
7 benefit sought by the third person. Nor shall the person receive any
8 compensation or gift, directly or indirectly, for services rendered to a third
9 person, who has applied for or is seeking some benefit from the City or a
10 City agency, in connection with the particular benefit sought by the third
11 person. Nor shall the person appear in any court or before any
12 administrative tribunal as counsel or legal advisor to a party who seeks legal
13 relief from the City or a City agency through the suit in question.
14 (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4)
15 shall appear before the City Commission or agency on which the person
16 serves, either directly or through an associate, and make a presentation on
17 behalf of a third person with respect to any matter, license, contract,
18 certificate, ruling, decision, opinion, rate schedule, franchise, or other
19 benefit sought by the third person. Nor shall such person receive any
20 compensation or gift, directly or indirectly, for services rendered to a third
21 parry who has applied for or is seeking some benefit from the City
22 Commission or agency on which the person serves in connection with the
23 particular benefit sought by the third party. Nor shall the person appear in
24 any court or before any administrative tribunal as counsel or legal advisor
25 to a third party who seeks legal relief from the City Commission or agency
26 on which such person serves through the suit in ueq stion.
1 (m ) Actions prohibited when financial interests involved No person included in the
2 terms defined in paragraphs (b)(1) through (6) shall participate in any official
3 action directly or indirectly affecting a business in which that person or any
4 member of the immediate family has a financial interest. A financial interest is
5 defined in this subsection to include, but not be limited to, any direct or indirect
6 interest in any investment, equity, or debt.
8 (n) Acquiring financial interests. No person included in the terms defined in
9 paragraphs (b)(1) through (6) shall acquire a financial interest in a project,
10 business entity or property at a time when the person believes or has reason to
11 believe that the financial interest may be directly affected by official actions or
12 by official actions by the City or City agency of which the person is an official,
13 officer or employee.
14
15 (o) Recommending professional services. No person included in the terms defined
16 in paragraphs (b)(1) through (4) may recommend the services of any lawyer or
17 law firm, architect or architectural firm, public relations firm, or any other person
18 or firm, professional or otherwise, to assist in any transaction involving the City
19 or any of its agencies, provided that a recommendation may properly be made
20 when required to be made by the duties of office and in advance at a public
21 meeting attended by other City officials, officers or employees.
22
23 (p) Continuing application after City service.
24 (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6)
25 shall, for a period of two years after his or her City service or employment has
26 ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)]
27 in connection with any judicial or other proceeding, application, RFP, RFQ,
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I bid, request for ruling or other determination, contract, claim, controversy,
2 charge, accusation, arrest or other particular subject matter in which the City
3 of South Miami or one of its agencies is a parry or has any interest whatever,
4 whether direct or indirect. Nothing contained in this subsection shall prohibit
5 any individual from submitting a routine administrative request or application
6 to a City department or agency during the two -year period after his or her
7 service has ceased.
8 (2) The provisions of the subsection shall not apply to persons who become
9 employed by governmental entities, 501(c)(3) non- profit entities or
10 educational institutions or entities, and who lobby on behalf of those entities
11 in their official capacities.
12 (3) The provisions of this subsection shall apply to all persons described in
13 paragraph (p)(1) whose City service or employment ceased after the effective
14 date of this ordinance.
15 (4) No person described in paragraph (p)(1) whose City service or employment
16 ceased within two years prior to the effective date of this ordinance shall for
17 a period of two years after his or her service or employment enter into a
18 lobbying contract to lobby any city official in connection with any subject
19 described in paragraph (p)(1) in which the City or one of its agencies is a
20 party or has any direct and substantial interest; and in which he or she
21 participated directly or indirectly through decision, approval, disapproval
22 recommendation, the rendering of advice, investigation, or otherwise, during
23 his or her City service or employment. A person participated "directly"
24 where he or she was substantially involved in the particular subject matter
25 through decision, approval, disapproval, recommendation, the rendering of
26 advice, investigation, or otherwise, during his or her City service or
27 employment. A person participated "indirectly" where he or she knowingly
Additions shown by underlining and deletions shown by 9 ;, @te r *gig.
-12-
I participated in any way in the particular subject matter through decision,
2 approval, disapproval, recommendation, the rendering of advice,
3 investigation, or otherwise, during his or her City service or employment. All
4 persons covered by this paragraph shall execute an affidavit on a form
5 approved by the City Attorney prior to lobbying any City official attesting
6 that the requirements of this subsection do not preclude the person from
7 lobbying City officials.
8 (5) Any person who violates this subsection shall be subject to the penalties
9 provided in Sec. 8A -2(p).
10
11 (q) City Attorney to render opinions on request Whenever any person included in
12 the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in
13 doubt as to the proper interpretation or application of this Conflict of Interest and
14 Code of Ethics Ordinance, or whenever any person who renders services to the
15 City is in doubt as to the applicability of the ordinance that person, may submit
16 to the City Attorney a full written statement of the facts and questions. The City
17 Attorney shall then render an opinion to such person and shall publish these
18 opinions without use of the name of the person advised unless the person permits
19 the use of a name.
20
21 tr. for- ibis grauk;ava of crnndg gad gap4jgd.
22 "
23 ,
24 '
25 ; and (131 any
26 ,
27 '
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-14-
10 Sec. 8A -2. Procedure on complaint of violation.
11
12 (a) Legally sufficient complaint. An investigation of an alleged violation by any
13 person included in the terms defined in subparagraphs (b)(2) through (6) and
14 subparagraph (b)(9), except the City Manager, City Clerk, City Attorney and
15 their immediate family, shall be initiated upon receipt by the City Manager of a
16 written complaint which alleges the elements of a violation, is based substantially
17 upon the personal knowledge of the complainant and signed under oath or
18 affirmation by the complaining person, and is legally sufficient to state a possible
19 violation of this chapter. Within 5 days after receipt, the City Manager shall send
20 a copy of a complaint to the alleged violator. The City Attorney shall make the
21 determination of legal sufficiency within 20 days. If the complaint is determined
22 to be legally insufficient, the City Attorney shall state the reasons for the finding
23 in writing and report the determination to the complainant, the alleged violator,
24 or respondent, and the City Commission.
25 (b) Complaints against Mayor, Commission Member or appointed city official. A
26 complaint against the Mayor, a commission member, City Manager, City Clerk,
27 City Attorney and their immediate family may be referred to the Commission on
Additions shown by underlining and deletions shown by esig.
-15-
It City Of Sauth AQ33m; ampinuaa Ch
- - fha Rintia ...
10 Sec. 8A -2. Procedure on complaint of violation.
11
12 (a) Legally sufficient complaint. An investigation of an alleged violation by any
13 person included in the terms defined in subparagraphs (b)(2) through (6) and
14 subparagraph (b)(9), except the City Manager, City Clerk, City Attorney and
15 their immediate family, shall be initiated upon receipt by the City Manager of a
16 written complaint which alleges the elements of a violation, is based substantially
17 upon the personal knowledge of the complainant and signed under oath or
18 affirmation by the complaining person, and is legally sufficient to state a possible
19 violation of this chapter. Within 5 days after receipt, the City Manager shall send
20 a copy of a complaint to the alleged violator. The City Attorney shall make the
21 determination of legal sufficiency within 20 days. If the complaint is determined
22 to be legally insufficient, the City Attorney shall state the reasons for the finding
23 in writing and report the determination to the complainant, the alleged violator,
24 or respondent, and the City Commission.
25 (b) Complaints against Mayor, Commission Member or appointed city official. A
26 complaint against the Mayor, a commission member, City Manager, City Clerk,
27 City Attorney and their immediate family may be referred to the Commission on
Additions shown by underlining and deletions shown by esig.
-15-
1 Ethics and Public Trust, or may be addressed as provided in this section with
2 appropriate provision made by the City Commission for the fair and effective
3 investigation and determination of issues.
4 (c) Probable cause determination. A preliminary investigation of a legally sufficient
5 complaint shall be undertaken by the City Attorney to determine whether there
6 is probable cause to believe that a violation has occurred. If, upon completion of
7 the preliminary investigation, the City Attorney fmds no probable cause to
8 believe that a violation has been committed, the City Attorney shall dismiss the
9
complaint
with the issuance of a report to the complainant, the respondent
and the
10
City
Commission. If the City Attorney finds from the preliminary
investigation
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
probable cause to believe that a violation has been committed, he or she shall
notify, via certified mail, the complainant and the respondent in writing.
() Investigations. Investigations shall be conducted by the City Attorney, with
assistance from a department head or other department personnel if requested of
the City Manager by the City Attorney. Investigations shall be limited to the
allegations of the complaint, but shall include an investigation of all facts and
persons materially related to the complaint at issue.
(e) Public Records. The complaint, all proceedings and other records relating to the
preliminary investigation shall be public records under the provisions of chapter
119, Florida Statutes, unless otherwise specifically exempt chapter 119.
(f) Subpoenas. The City Attorney shall be empowered to make application to any
circuit court of this State which shall have jurisdiction to order witnesses to
appear and to produce evidence, or to give testimony touching on any issue in
question at any stage of the proceeding on a complaint. Any person who fails to
obey the order may be punished in a court of law.
(g) Final hearing on complaint. The City Attorney may schedule a final public
hearing on a complaint before the City Manager. Adequate notice shall be given
Additions shown by underlining and deletions shown by e;,"sU4king.
-16-
I to the complainant and the respondent. Adequate notice shall be presumed to be
2 10 -days advanced notice of hearing. The complainant shall present the case first.
3 Respondent may then present its defense.
4 (1) The complainant and respondent shall have the rights to present evidence
5 relevant to the complaint, to cross - examine and impeach witnesses and to
6 present rebuttal evidence. The City, through the City Attorney, or his or
7 her designee, may present additional evidence, cross - examine and
8 impeach witnesses and present rebuttal evidence.
9 (2) Final hearings shall not be conducted according to technical rules relating
10 to evidence and witnesses. Any relevant evidence may be admitted.
11 Hearsay evidence may be used to supplement or explain other evidence,
12 but shall not be sufficient in itself to support a finding. The rules of
13 privilege shall be effective to the same extent that they are now or may be
14 recognized in civil actions. Irrelevant and unduly repetitious evidence
15 shall be excluded.
16 (3) The provisions of this subsection relating to final hearing shall be
17 supplemental to the provisions of the Code of Miami -Dade County section
18 2 -1074, as amended, relating to motions, motions in opposition to
19 proceeding, prehearing conferences, exchange of witness lists, procedures
20 for public hearings, evidence, and transcript of proceedings.
21 (h) Upon completion of any investigation and final hearing, the City Attorney shall
22 make proposed recommended findings of facts and conclusions of law, and City
23 Manager shall enter an order determining whether any provision of this chapter
24 has been violated and, in the case a violation is found, impose a penalty, as
25 provided in the ordinance or statute being enforced, costs and take appropriate
26 personnel action. The burden of proof shall be on the complainant, or the City,
27 to prove a violation by clear and convincing evidence in the record. The Citv
Additions shown by underlining and deletions shown by ev@"".
-17-
Manager shall, within 60 days of the filing of a complaint, render a final order
2 disposing of the complaint. If a person fails to comply with an order issued by the
City Manager, the City Manager may make application to the Miami -Dade
4 Commission on Ethics and Public Trust which shall have jurisdiction over the
complaint, or to another agency which may have jurisdiction over the complaint.
6
7 Q) Attorney's fees. In any case in which the City Attorney finds no probable
8 cause to believe that a violation has been committed or determines that the
9 complaining party filed a frivolous or groundless complaint, the City Attorney
10 may recommend to the City Manager, and the City Manager may order the
11 complaining party to pay any costs and attornev's fees incurred by the Citv.
12
13 }(� Prospective jurisdiction. Any alleged violation committed before the effective
14 date of this ordinance shall be governed by the applicable City of South
15 Miami, Miami -Dade County and State of Florida Code of Ethics Ordinances,
16 Conflict of Interest Ordinances or Lobbyist Registration and Reporting
17 Ordinances in effect at the time of the alleged violations.
18
19 (k) Personnel proceeding. Where an employee of the City of South Miami is
20 alleged to have violated a law within the purview of this ordinance, and based
21 upon the same set of facts, is subject to an ongoing disciplinary action
22 initiated by the City, the City Attorney and City Manager shall stay
23 consideration of a complaint until the conclusion of the personnel proceeding.
24
25 (1) Statute of limitations. No action may be taken on a complaint filed more than
26 one year after the violation is alleged to have accrued.
27
Additions shown by underlining and deletions shown by
-18-
I (m) Termination of proceeding. A proceeding on a complaint shall terminate in
2 the event the respondent dies in office, leaves office for any reason or is
3 permanently separated from employment with the City, or enters into a
4 settlement agreement with the City Manager.
5 (n) Appeal and judicial review. An aggrieved respondent may appeal an adverse
6 finding of a violation to the City Commission. Review by the City
7 Commission shall be on the record and limited to determining whether the 1)
8 respondent was afforded procedural due process; 2) findings of fact are
9 supported by substantial competent evidence and 3) conclusions are correct
10 as a matter of law. An aggrieved respondent must first exhaust its right to an
11 appeal to the City Commission before seeking review by the circuit court for
12 Miami -Dade County. Review by the circuit court shall be pursuant to the
13 Florida Rules of Appellate Procedure.
14
15 (o) Proceedings by the Miami -Dade Commission on Ethics and the Florida
16 Commission on Ethics. To the maximum extent allowed by law, the Miami-
17 Dade Commission on Ethics and the Florida Commission on Ethics shall
18 abate proceedings on any complaint, which is filed by the same complainant
19 against the same respondent, and involving substantially identical facts, until
20 the City completes its proceedings on the complaint. The City shall promptly
21 notify the Miami -Dade Commission on Ethics and the Florida Commission
22 on Ethics when it learns that a substantially identical compliant has been filed
23 with either of those agencies and request that their proceedings be abated until
24 the conclusion of the City's proceedings. The City's findings of facts,
25 conclusions of law, final determination and imposition of a penalty shall be
26 accorded a presumption of correctness by those agencies.
27
Additions shown by underlining and deletions shown by
-19-
I (p) Penalties and personnel action. The City Manager may assess a fine, not to
2 exceed $250 for the first offense, and $500 for any subsequent offense of this
3 chapter, and costs of investigation. The City Manager may take personnel
4 action and may enter into stipulations and settlements as are just and in the
5 best interest of the citizens of South Miami.
6 Section 3. Chapter 8A of the City Code is amended to renumber section 8A -4.1,
7 "Influence of board members by mayor and commissioners, appearance before boards," to
8 section 8A -4.
9 Section 4. Repeal. All ordinances or parts of ordinances in conflict or inconsistent
10 are repealed.
11 Section 5. Severability. If any word, clause, phrase, sentence, paragraph or section
12 of this ordinance is held to be invalid by a court of competent jurisdiction, such declaration
13 of invalidity shall not affect any other word, clause, phrase, sentence, paragraph or section
14 of this ordinance.
15 Section 6. Effective Date. This ordinance shall be effective upon passage by the
16 City Commission on second reading.
17 PASSED AND ADOPTED BY vote of the City Commission on first
18 reading this day of February, 1999.
19 PASSED AND ADOPTED BY vote of the City Commission on second
20 reading this day of March, 1999.
21 ATTEST: APPROVED:
22
23 CITY CLERK MAYOR
24
25 READ AND APPROVED AS TO FORM:
26
27 CITY ATTORNEY
Additions shown by underlining and deletions shown by e;,om4a.
-20-
1111u,'0s "LL 11:31 FAS 3u53755634 DADE CTY ATTY
Approved Mayor
Veto
Override
ORDINANCE NO.
Agenda Item No. 13 (G)
10 -5 -99
ORDINANCE RELATING TO CAMPAIGN FINANCING;
PROHIBITING CERTAIN CAMPAIGN CONTRIBUTIONS
AND EXPENDITURES BY ATTORNEYS AND INDIVIDUALS
EMPLOYED BY BOND COUNSEL , FIRMS AND
DISCLOSURE COUNSEL FIRMS AND BY SHAREHOLDERS
WITH CONTROLLING FINANCIAL INTERESTS, OFFICERS,
DIRECTORS AND GENERAL PARTNERS OF FIRMS WHICH
HAVE CONTRACTS WITH COUNTY; PROVIDING
SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE
WHEREAS, Florida law Limits individual campaign contributions to $500.00 per person
per candidate but does not limit the candidates to whom a campaign contribution may be made,
and
WHEREAS, the Miami -Dade County Board of County Commissioners (the "Board ") is
empowered to regulate campaign contributions to, and expenditures on behalf of candidates for
the Miami -Dade Board of County Commissioners and Community Councils; and
WHEREAS, Miami -Dade County (the "County ") and its related agencies issue millions
of bonds annually; and
WHEREAS, the County employs and from time -to -time, seeks proposals from, law
firms with (i) nationally recognized bond counsel expertise to render the necessary legal opinions
which qualify the County's obligations as tax - exempt thereby saving the County millions of
dollars in interest costs and (ii) experience with Security and Exchange Commission rules and
regulations regarding disclosure which enables the law firms to act as disclosure counsel to the
County; and
C .wp ordi 7 x.31 L dnc
0002
L.L/Iul as KLV iG:3e rAb JU53755634 DADE CTY ATTY
Agenda Item No. 13 (G)
Page 2
WHEREAS, concern has been expressed in the municipal bond market that campaign
contributions to state and local government officials may improperly influence the selection of
public finance professionals; and
WHEREAS, the Board is also concerned with the appearance of impropriety regarding
undue influence by law firms to the detriment of the public interest when selecting bond counsel
or disclosure counsel firms since the selection is highly contested due to the substantial fees to be
earned and the prestige associated with such a designation; and
WHEREAS, the County must enter into contracts each year for millions of dollars with
the private sector in order to provide services to its citizens; and
WHEREAS, many firms contract with the County regularly with respect to all types of
goods and services after being selected as a result of a bidding, qualification or proposal process
conducted by the County; and
WHEREAS, the County contract selection process is highly competitive with many
firms lobbying County Commissioners in an attempt to obtain a County contract; and
WHEREAS, the Board is concerned with the appearance of and potential for, undue and
unfair influ,ince on the members of the Board by firms competing for County contracts which
may taint the selection process; and
WHEREAS, this Board previously prohibited campaign contribution by business
entities, which. includes law firms, in order to address this concern; and
WHEREAS, the Board is also concerned with the appearance of, and potential for,
undue and unfair influence on the members of the Community Councils by individuals who
appear before the Community Councils; and
C; r p. ard3'•,I j19.dw
lih 003
_�. _.. ,, „a, y�.v� ♦.1.1 .,vJJJJJ V-! UtiUG l.11 tilll 10004
Agenda Item No. 13 (G )
Paee 3
WHEREAS, the provisions of this ordinance will further prevent the appearance of
impropriety and any improper influence in the selection of (1) bond counsel and disclosure
counsel by prohibiting certain campaign contributions or expenditures by attorneys and
individuals who are employed or affiliated with bond counsel or disclosure counsel firms, and
(ii) firths which contract with the County by prohibiting certain campaign contributions by
shareholders with Controlling Financial Interests, officers, directors or general partners of such
firms in order to eliminate the appearance of, and potential for, undue and unfair influence on the
Board or: the members of the Community Councils by individuals who appear before the
Community Councils,
NOW`+ THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI -DADE COUNTY, FLORIDA;
Section 1. >Delinitions. The following terms, as used in this Ordinance, shall mean,
a, "Contribution" shall have the meaning 'ascribed to such term in Chapter
106, Florida Statutes, as amended and supplemented.
b. "Controlling Financial Interest(s)" shall mean the ownership, directly or
indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a
direct or indirect interest of ten (10) percent or more in a Firm.
C. "Expenditure" shall have the meaning ascribed to such term in Chapter
106, Florida Statutes, as amended and supplemented.
d. "Firm(s)" shall mean a corporation, partnership, business trust or any legal
entity other than a natural person.
Section 2. Limitations regarding bond counsel Firms and disclosure counsel
Firms. It is unlawful for any attorney or employee of a bond counsel Firm or disclosure counsel
Carp prcV.43111AW
V
ii ;lu as whL 1G:,le ti�i 3U5Si55834 DADE CTY 9Tr
000-1
�( r
,agenda Item No. 13 (G )
p f Page 4
Firm employed by th2q.,, a campaign Contribution or Expenditure, either directly,
indirectly or thr gh mittee, in onnection with the campaign of any candidate for
the Board other tha er(s) for whom the attomey or the employee is legally
entitled to vote. Furthermore, it shall be unlawful for any candidate, political committee, or
other person to knowingly accept or receive any campaign Contribution or Expenditure
prohibited by this section.
Law Firms shall be prohibited from 'responding to any request for proposal for bond
counsel or disclosure counsel in the event any of its attorneys or employees, either directly,
indirectly or through a political committee, made a campaign Contribution or Expenditure in
connection with the campaign of any candidate for the Board other than the board member(s) for
whom the employee is legally entitled to vote within twenty-four (24) months of the date of the
request for proposal.
Section 3. Limitation regarding Firms with a County contract, It is unlawful for
shareholders with Controlling Financial Interests, officers, directors or general partners of Firms
which have a contract with the County to make a campaign Contribution or Expenditure, either
directly, indirectly or through a political committee, in connection with the campaign of any
candidate for the Board or Community Council other than the Board member(s) or Community
Council member(s) for whom the shareholders with Controlling Financial Interests, officers,
directors or general partners are legally entitled to vote. Furthermore, it shall be unlawful for any
candidate, political committee, or other person to knowingly accept or receive any campaign
Contribution or Expenditure prohibited by this section.
Firms shall be prohibited from responding to any bid, request for proposal, or request for
qualification in the event any of its shareholders with Controlling Financial Interests. officers,
C; wpvad!'Adl D,doc
—...emu � +"A.' C."LL JVJ4I0VOJ4 VAVk, tAl AITY
Agenda Item No. 13 (G)
Page 5
directors or general partners, either directly, indirectly or through a political committee, made a
campaign Contribution or Expenditure in connection with the campaign of any candidate for the
Board or Community Council other than the Board member(s) or Community Council
member(s) for whom the shareholders with Controlling Financial Interests, officers, directors or
general partners are legally entitled to vote within twenty -fwur (24) months of the date of the date
of the bid, request for proposal or request ftr iqualifications.
Section 4. Penalties.
(a) In addition to any other penalties which may be applicable, any individual
who violates this ordinance shall be subject to a fine up to $5,601 or imprisonment not to exceed
three hundred and sixty -four days, or both.
(b) In the event an attorney or employee of a bond counsel Firm or disclosure
counsel Firm violates this ordinance, the bond counsel Firm or disclosure counsel Firm shall be
prohibited from serving as bond counsel or disclosure counsel for the County for two (2) years
from the time the violation is discovered.
(c) In the event a shareholder with Controlling Financial Interests, officer,
director orsgeneral partner of a Firm which has a contract with the County violates this
ordinance, the Firm shall be prohibited from entering into a contract with the County for two (2)
years from the time the violation is discovered,
ct' n 5. If any section, subsection, sentence, clause or provision of this ordinance
is field invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 6. It is the intention of the Board of County Commissioners, and i is
ordained that the provisions of this ordinance, including any sunset provision, shall become and
be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may
I\ - - 1 . .. . .. ..
[a 003
�., iu, vv rnv lc.ov r 1.i �u�si�o0�s4 DAVE (Ai ATfY 0007
Agenda Item No. 13 (G)
Page 6
be renumbered or relettered to accomplish such intention, and the word 'ordinance" may be
changed to "section," "article," or other appropriate word.
Section 7. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
Secti2n 8. This ordinance does not contain a sunset provision.
PASSED AND ADOPTED
Approved by County Attorney as
to form and legal sufficiency: 6
Prepared by:
-Sponsored by Commissioner Jimmy L. Morale
6
..J.