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02-03-98i MAYOR: Anna M. Price, Ph.D. INTERIM CITY MANAGER: Diana Morris VICE MAYOR: Julio Robaina CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Armando Oliveros, Jr. CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: R. Paul Young, Ed.D. CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: February 3, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: February 17, 1998 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. Invocation: B. Pledge of Allegiance: C. Presentation(s): There are none ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Regular City Commission Minutes - January 20, 1998 2. City Manager's Report: 3. City Attorney's Report: REGULAR CITY COMMISSION AGENDA - February 3, 1998 1 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AFFIRMING A COMMITMENT TO SUPPORT EDUCATION THROUGH THE AFTER SCHOOL HOUSE BY USAGE OF THE SYLVA MARTIN BUILDING FOR ADDED TUTORING SPACE AND HOURS. (Administration /Parks & Rec.) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $3,913.37 FOR PURCHASE OF ITEMS NEEDED TO CONNECT PARKS AND RECREATION DEPARTMENT TO THE COMPUTER NETWORK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100- 519 - 6430, OPERATING EQUIPMENT. (Administration /Parks & Rec.) 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 AN AGREEMENT WITH MBL PAVING CORP. FOR CITY WIDE STREET RESURFACING AT A COST NOT TO EXCEED $50,000.00 FOR THE CURRENT FISCAL YEAR AND CHARGING THE DISBURSEMENT TO LOCAL OPTION GAS TAX FUND NO. 12 -1730- 541 - 4640, "MAINTENANCE AND REPAIRS - STREETS AND PARKWAYS ". (Administration /Public Works) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING(S) 7. 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 REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. (1st Reading - 12/16/97 - tabled from 1/20/98) (Vice Mayor Robaina) 3/6 RESOLUTION (S) REGULAR CITY COMMISSION 2 AGENDA - February 3, 1998 , ----- . 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL OF A DECISION OF THE ENVIRONMENTAL REVIEW & PRESERVATION BOARD REGARDING ROADWAY CONFIGURATION AT THE PLANNED UNIT DEVELOPMENT WHICH IS LOCATED AT 8510 SW 57 AVENUE PURSUANT TO SECTION 20- 6.2(A) OF THE LAND DEVELOPMENT CODE; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF A SIMILAR USE, PURSUANT TO SECTION 20- 3.3 ©(5) OF THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S RECOMMENDATION THAT THE "ADULT„ DAY CARE CENTER" USE BE CLASSIFIED AS A USE THAT IS SIMILAR TO THE PERMITTED USE "DAY CARE CENTER (7 OR MORE CHILDREN)" ONLY; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration) 3/5 ORDINANCE (S) FIRST READING There are none PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 3 AGENDA - February 3, 1998 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL OF A DECISION OF THE ENVIRONMENTAL REVIEW & PRESERVATION BOARD REGARDING ROADWAY CONFIGURATION AT THE PLANNED UNIT DEVELOPMENT WHICH IS LOCATED AT 8510 SW 57 AVENUE PURSUANT TO SECTION 20-6.2(A) OF THE LAND DEVELOPMENT CODE; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF A SIMILAR USE, PURSUANT TO SECTION 20- 3.30(5) OF THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S RECOMMENDATION THAT THE "ADULT DAY CARE CENTER ".USE BE CLASSIFIED AS A USE THAT IS SIMILAR TO THE PERMITTED USE "DAY CARE CENTER (7 OR MORE CHILDREN)" ONLY; AND, PROVIDING FOR AN EFFECTIVE DATE_ (Administration) 3/5 ORDINANCE (S) FIRST READING There are none PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 3 AGENDA - February 3, 1998 City of South Miami Inter - Office Memorandum TO: Mayor & Commission DATE: January 28, 1998 FROM: Diana Morris SUBJECT: Agenda # ____ ___ Interim City Manager Commission Meeting February 3, 1998 Expanding The After School House With Usage of the Sylva Martin Building The attached resolution seeks approval for use of the Sylva Martin Building as additional space for the After School House Program. Proposed usage would be between the hours of : 4:00 - 5:00 p.m. and 5:00 - 6:00 p.m. These sessions would be staffed by volunteers which would be supervised by Ms. Daisy Harrell, Director, of the After School House. I recommend approval. e: \wpdoes\ use .dianaexpandingafemhoolhouse98 " - '-- ,--- ,--,�. �r�- -. - ,- ..- „-- ^-.-n, �r-�, i-- -n. :mom, p. ... „• -• _-� += `ct�..r*+�3�'v* ..s• .�^ ,._ ",- :�- r --.",- - < - -- 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, AFFIRMING A COMMITMENT TO 4 SUPPORT EDUCATION THROUGH THE AFTER SCHOOL HOUSE BY USAGE 5 OF THE SYLVA MARTIN BUILDING FOR ADDED TUTORING SPACE AND 6 HOURS. 7 WHEREAS, the City of South Miami's Parks and Recreation 8 Department strives to provide educational opportunities through 9 tutoring assistance for all residents through the After School 10 House; and, 11 WHEREAS, the After School House has met their capacity in 12 their established building; and, 13 WHEREAS, the Sylva Martin Building is located in a central 14 area for all residents; and, 15 WHEREAS, the building has a capacity of 121 persons, and is 16 not frequently used on the proposed days; and 17 WHEREAS, the Parks & Recreation Department would recommend the 18 After School House to utilize the building so that, more children 19 can be tutored; and, 20 WHEREAS, usage for two sessions of 15 children (per session) 21 with adequate staff and volunteers, is possible; and, 22 WHEREAS, the purpose of the Parks & Recreation Department is 23 not only to offer recreational programs, but also to provide and /or 24 assist the After School House with their continuous efforts in the 25 educational development of the youth in our community. 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 27 OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 Section 1. The Mayor and City Commission of the City of 29 South Miami, Florida hereby affirm our commitment to support the 30 Parks & Recreation Department to assist the After School House with 31 expanding the area of tutoring by providing the use of the Sylva 32 Martin Building. 33 Section 2. The Sylva Martin Building would be used during 34 the time of 4:00 - 5:00 p.m. and 5:00 6:00 p.m. for tutoring a 35 total of 15 children per session, totalling 30 children Monday - 36 Thursday with adequate volunteers. It 37 38 39 M Page 2 Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of February, 1998. 41 ATTEST: 42 43 CITY CLERK WA. 45 46 47 READ AND APPROVED AS TO FORM: CITY ATTORNEY c:\ wpdocs\ res.expandingsylvaa£terschool98 APPROVED: MAYOR v CITY OF SOUTH MIAMI To: Mayor and City Commissioners Date: January 30, 1998 •" From: Diana Njorris Re: Resolution - Purchase of computer ,any- City r items for Parks & Recreation Department in order to connect to the computer network The attached resolution seeks approval for the purchase of computer hardware, software and installation needed to connect the Parks & Recreation Department to the City's computer network. Dell and Wareforce have the State Florida contracts, which eliminated a need for additional quotes. LAN Pro is the network cabling installer which installed all the cables for the City's network. In addition, these providers have been found having the lowest prices in both the current and previous purchases. I recommend that this resolution be placed on the February 3, 1998 Commission Meeting agenda. Thank you, i I RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 4 DISBURSE THE SUM OF $3,913.37 FOR PURCHASE OF ITEMS NEEDED TO 5 CONNECT PARKS AND RECREATION DEPARTMENT -TO THE COMPUTER 6 NETWORK, AND CHARGING THE DISBURSEMENT TO ACCOUNT 7 NUMBER 2100 -519 -6430, OPERATING EQUIPMENT. 8 WHEREAS, it has been scheduled by the computer network. plan to connect the Parks & 9 Recreation Department to the computer network; and 10 WHEREAS, the purchase of the needed hardware and software components has been 11 approved in the Budget 1997 -98; and; 12 WHEREAS, Dell Marketing L.P. is a provider under the Florida State Contract 250 -040- 13 96 -1 and Wareforce, Inc. is a provider under Florida State Contract 252 - 001 -97 -1, and LAN Pro is 14 a contractor already involved in the computer network cabling project. 15 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 16 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 17 Section 1. The City Manager be, and is hereby authorized to disburse the sum of $3,913.37 18 in order to connect the Parks & Recreation Department to the computer network, as follows: 19 (a) $3,103.00 to Dell Marketing L.P. for two Dell P5MMX200 /GN +/L computers; 20 (b) $435.37 to Wareforce, Inc. for one Epson Stylus 800 Inkjet printer- and one copy of the 21. Microsoft Publisher 97 and PC- cillin software; and 22 (c) $375.00 to LAN Pro for 3 network connections in the Parks & Recreation office. 23 Section 2. The disbursement shall be charged to Account Number 2100 - 519 - 6430, 24 Operating Equipment. 25 Section 3. This resolution shall take effect immediately upon approval. 26 PASSED AND ADOPTED this day of 1998 27 APPROVED: 28 29 ATTEST: MAYOR 30 31 CITY CLERK 32 READ AND APPROVED AS TO FORM 61/26/98 88:29:23 DELLFAX 1 -2 -> 1 365 663 6457 FAX DELL COMPUTER CORP Page 861 DATE: January 26 1998 TO: SLAVEN KOBOLA COMPANY: PHONE #:(000) 000 -0000 EXT FAX #: (305) 663 -0457 FROM: IRENT HU1-0 1 ---- --- COMPANY:DELL MARKETING L.P. PHONE #:(800) 981 -3355 EXT 68391 FAX #: (800) 433 -9527 PLEASE CALL WITH ANY QUESTIONS. THANKS, TRENT -- - - - - - -- - - - - -- DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK,.TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX 81/26/98 88:29:45 DELLF0 1 -2 -> 1 385 663 8457 DELL COMPUTER CORP Page 882 W"L QUOTATION SLAVEN KOBOLA January 26 1998 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 220 -0363 1 Dell P5MMX200 /GN +/L Base, With 1,351.00 1,351.00 2MB Video Memory, Integrated 512KB Cache, Network Model 310 -0018 1 Logitec System Mouse 310 -1234 1 WIN95 Spacesaver Quiet Key, 104 Key Keyboard, Factory Installed 311 -0226 1 32MB RAM, 1 DIMMS, EDO, Factory Installed 320 -5418 1 Dell 80OLS, Model #D828L,.with 1.3.7" Viewable Image Size, Color Monitor 340 -0424 1 4.3GB, EIDE, GNL, Factory Installed 340 -0652 1 3.5 1.44MB Floppy Drive, Factory Install Factory Install 420 -0118 1 English Win95 For Optiplex Systems With CD Backup Media 430 -0107 1 Passive Expansion Riser for GXaL /GnL (EM) Systems, 1 PCI / 1 Shared /1 ISA, Wake up on Lan, Factory Install 900 -1900 1 SelectCare, Initial Year, Next .00 .00 Business Day On -Site Service Contract,- -BSC* - - For your convenience, we have listed your sales representative, your quote number and your customer number which will provide you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Business and Personal Leasing provided by Dell financial Services, an Independent entity. Leasing Documentation Fee $55 Sales Representative: TRENT HURN Quote #: 15903494 Customer #: DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX REV-c 81/26/98 00:30 :21 DELLF0 1 -2 -} 1'385 663 8457 DELL COMPUTER CORP Page 883 D"L QUOT'AT'ION SLAVEN KOBOLA January 26 1998 SKU # QTY DESCRIPTION UNIT EXTENDED PRICE PRICE 900 -5112 1 Next Business Day, Parts .00 .00 Delivery Service, Years 2 & 3 Included I I This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell standard terms of sale. SUB TOTAL TAX SHIPPING & HANDLING OTHER Thank you for calling Dell TOTAL 1,351.00 .00 .00 .00 $1,351.00 For your convenience, we have listed your sales representative Sales Representative: your quote number and your customer number which will provide you with faster service when you are ready to place your order. TRENT HURN Prices and tax rates are subject to change. Quote #: 15 9034 94 Business and Personal Leasing provided by Dell Financial Services, an independent entity. Customer #: Leasing Documentation Fee $55 DELL NARRETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX ]MV -c 01/29/98 89:55:37 DELLFAX 1 -5 -> 1 385 663 8457 DELL COMPUTER'CORP Page 881 1 w,&4 DATE: January 29 1998 TO: SLAVEN KOBOLA COMPANY: PHONE #:(000) 000 -0000 EXT FAX #: (305) 663 -0457 FROM: TRENT HURiv - COMPANY:DELL MARKETING L.P. PHONE #:(800) 981 -3355 EXT 68391 FAX #: (800) 433 -9527 PLEASE CALL WITH -ANY QUESTIONS. THANKS, TRENT -- - -- - - - -- I DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX 81/29/98 84:55:58 ®I SLAVEN KOBOLA DELLFAX 1 -5 -] 1 385 663 8457 DELL COMPUTER CORP Page 882 QUOTATION January 29 1998 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 220 -0363 1 Dell P5MMX200 /GN +/L Base, With 1,752.00 1,752.00 2MB Video Memory, Integrated 512KB Cache, Network Model 310 -0018 1 Logitec System Mouse 310 -1234 1 WIN95 Spaeesaver Quiet Key, 104 Key Keyboard, Factory Installed 311 -0226 1 32MB RAM, 1 DIMMS, EDO, Factory Installed 313 -0229 1 12 -24x CD- ROM,IDE, Factory Installed 313 -0520 1 USR Telephony 33.6/56K Internal Modem Factory Install 320 -5411 1 Dell 100OLS Color Monitor, Model #D1028L, with 15.9" Viewable, Image Size, Shipped with system 340 -0424 1 4.3GB, EIDE, GNL, Factory Installed 340 -0652 1 3.5 1.44MB Floppy Drive, Factory Install Factory Install 420 -0118 1 English Win95 For Optiplex Systems With CD Backup Media For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you with faster service when you are ready to place your order. TRENT HURN Prices and tax rates are subject to change. Quote, #: 15 991173 Business and Personal Leasing provided by Dell Financial Services, an independent entity. Customer #: _ Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX JMVc 81/29/90 69:56:34 DELLFAX 1 -5 -> 1 385 663 8457 DELL COMPUTER CORP Page 803 QUOTATION SLAVEN KOBOLA January 29 1998 SKU # QTY - DESCRIPTION UNIT PRICE 430 -0107 1 Passive Expansion Riser for GXaL /GnL (EM) Systems, 1 PCI / 1 Shared /1 ISA, Wake up on Lan, Factory Install 900 -1900 1 SelectCare, Initial Year, Next .00 Business Day On -Site Service Contract, BSC* 900 -5112 1 Next Business Day, Parts -.00 Delivery Service, Years 2 & 3 Included This quote is subject to.the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell standard.terms of sale. SUB TOTAL TAX SHIPPIZ:G & HANDT Tl -,Trl OTHER Thank you.for calling Dell TOTAL EXTENDED PRICE .00 we 1,752.00 .00 no .00 $1,752.00 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you with faster service when you are ready to place your order. TRENT HURN Prices and tax rates are subject to change. Quote #: 15 991173 Business and Personal Leasing provided by Dell Financial Services, an independent entity. Customer #: Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX sEV.c '' ARE.F ORCE, INC- 2361 € OSE RANS V EL SEGuNDO CA 90245 *FAX COMER SHEET FROM: NICOLE PALif L LA PHONE UMBER. 310-725-5172,1-600-777-9309 x5172 FAX NUMBER: 310- 725.5588:p 1-800-392-5727 FE-MAIL: NPADILLA(PWAREFORCECOM TC�_ �• e4 FA f'-IU BER: TOTAL NUMBER OF PACES.: ONCi.Ui ING COVER SHEEN '� .. try = .-+� �"� . ONZ �y..�. vublivv)v 1 CMVJ o Wjvt4 . RfV QUAV - ♦ C + ! HARDWARE & SOFTWARE RESELLER PROVIDERS OF T0SHlf3A,,C0 PAQ, HE LETT- PACKARD, INTEL, 3 corol IWO, EPSON, SONY, NEC AD08E, MICROSOFT PRESS, COO" EL, IOME rt, tACRO gED[A., SEAGATE, AND PADRE f i SIT t?t51' �� +C:i Sllt~ 'rii :l.It'i(7: C: C- CC1937 %Cl1(;iZtS1�:SCt� {{7 -jliyt TO'd Str:T 86, 8Z u2 f xpj ':)NI 33dOJ3abM January 29, 1998 2:40 PM From: Ian Pro Inc. Fax #: 954 -963 -1643 Page 1 "of 2 Date: Thursday, January 29, 1998 Time: 2:40 PM To: Slaven Company City of S Miami Fax Phone #: +1 (305) 663 -0457 From: Lan Pro Inc Subject: Cable Quote Total # of Pages (including cover): 2 Memo: If all pages were not received, please call back immediately: January 29, 1998 2:40 PM From: Ian Pro Inc. Fax #: 954 -963 -1643 Page 2 of 2 Invoice To: City of South Miami Attn: Slaven LAN pRO TO: FROM: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Mayor and Commission DATE: February 3, 1998 1��_ Diana Morris SUBJECT: Interim City Manager Agenda Item # Commission Meeting, February 3, 1998 STREET RESURFACING (PAVING) CONTRACT The attached resolution seeks authorization to enter into a road resurfacing contract with MBL Paving Corp. for the remainder of the 1997 -98 fiscal year. Expenditures associated with this contract are not to exceed $50,000.00. Public Works' annual resurfacing program will be under way within a month, and requires the services of a responsive and experienced contractor. Approximately 12 city blocks and certain parking lots will be resurfaced during the fiscal year. Some of these locations will be paved in conjunction with stormwater drainage installations. MBL Paving Corp. is a local, minority owned firm with substantial experience in asphalt paving and markings work for various governments and agencies, including the Miami - Dade Water and Sewer Department. Presently, the contractor does work for BellSouth's north and south districts. MBL is certified as a Disadvantaged Business Enterprise. The Commission approved the execution of a thermoplastics striping contract with MBL on December 16, 1997. The terms and fee structure applicable in the BellSouth contract provides the City of South Miami the benefit of competitive rates, coupled with service from an experienced paving contractor. Based on the above, it is recommended that the City Commission authorize the execution of the roadway paving contract. Attachments 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, AUTHORIZING THE CITY MANAGER 6 TO ENTER INTO AN AGREEMENT WITH MBL 7 PAVING CORP. FOR CITY WIDE STREET 8 RESURFACING AT A COST NOT TO EXCEED 9 $50,000.00 FOR THE CURRENT FISCAL YEAR 10 AND CHARGING THE DISBURSEMENT TO it LOCAL OPTION GAS TAX FUND NO. 12-1730- 12 541 -4640, "MAINTENANCE AND REPAIRS - 13 STREETS AND PARKWAYS ". 14 15 WHEREAS, periodic roadway resurfacing of throughout the City is 16 imperative to maximize traffic safety, promote adequate stormwater 17 drainage, and maintain the aesthetics of roadways, and; 1s 19 WHEREAS, roadway resurfacing demand is mostly driven by the 20 condition of the existing asphalt, but is also affected by traffic volume and 21 stormwater accumulation characteristics, and; 22 23 WHEREAS, the Public Works Department has scheduled close to 24 one mile of street resurfacing for this fiscal year, as well as several drainage 25 installations across the city which also require repaving, and; 26 27 WHEREAS, the Public Works Department has identified a qualified 28 and reputable roadway resurfacing and markings contractor which is 29 presently on contract with Bell South, Inc., and has experience as a 30 subcontractor for South Florida municipalities through the competitive bid 31 process. 32 33 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 34 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 35 36- Section 1. The City Manager be, and is hereby authorized to enter 37 into an agreement with MBL Paving Corp. for road resurfacing on a 38 city wide basis. 39 40 Section 2. The agreement's terms and fee structure will be similar 41 to that of BellSouth South District contract number MFS -007. 42 VA 43 44 45 46 Section 3. The total amount to be spent on the above referenced 47 contract will not exceed $50,000.00 during the fiscal year 1997 -98, and 48 will be paid from account # 12-1730-6460, Local Option Gas Tax 49 Fund, "Infrastructure Projects." 50 51 Section 4. This resolution shall be effective immediately and upon 52 adoption hereof. 53 54 PASSED AND ADOPTED this 3rd day of February, 1998. 55 56 57 ATTEST: APPROVED: 58 59 60 CITY CLERK MAYOR 61 62 63 READ AND APPROVED AS TO FORM 64 65 66 CITY ATTORNEY 67 9v., ,.., ,. _� ..� ...ems_ p ,.. - ,--.,- = m—�• -- CITY OF SOUTH MIAMI W7INTER- OFFICE MEMORANDUM To: Mayor and City Commission bate: January 26, 1998 Agenda Item # From: Diana Morri Re: Comm. Mtg. 02/03/98 Interim City Manager Bird Road Alcoholic Beverages REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAW, FLORIDA, RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. . BACKGROUND & ANALYSIS: On November 18, 1997, the City Commission instructed the City Administration to prepare a draft ordinance for first reading. The purpose of this action was to elicit public input, regarding the possible repeal of restrictions on the sale of alcoholic beverages near residential property. In order to obtain the desired public input on this matter, three courtesy letters were mailed to all property owners who own property which is located within the City of South Miami and also located north of Blue Road (48 Street). Copies of these letters are attached for your reference. On December 30, 1997, the South Miami Planning Board voted 5:2 to recommend denial of the ordinance as proposed. The Planning Board then voted 7:0 to recommend for approval that the following four recommendations be forwarded to the City Commission for consideration and possible incorporation into the ordinance reviewed by Planning Board: 1) that beer and wine only be served with food in restaurants; 2) that no bar be established within the design of restaurants; 3) that the City Attorney draft guidelines for what constitutes restaurants; 4) that a permanent, opaque buffer be erected between commercial establishments and adjoining residential property: City Manager's Report: Bird Road Alcoholic Beverages Ordinance I On January 20, 1998, the City Commission instructed the City Administration to prepare a revised ordinance to contain the recommendations formulated by the Planning Board. RECOMMENDATION: Approval. Attachments: Proposed Ordinance for Adoption Staff Report by Planner Gregory J. Oravec Letters of Objection Received from Members of the Public Copy of Courtesy Notice to Property Owners for 1 st Reading Copy of Courtesy Notice to Property Owners for Planning Board Copy of Courtesy Notice to Property Owners for 2nd Reading Excerpted Planning Board Minutes from December 30, 1997 I i City Manager's Report: Bird Road Alcoholic Beverages Ordinance 2 l ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT 6 TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS 7 ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO REVISE THE 8 DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS 9 IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, on October 28, 1997, the Planning Board voted 6:1 15 to recommend to the City Commission "that the area on Bird Road 16 be reviewed as a special zoning district, in order to permit the 17 consumption of beer and wine, and, in order to spur growth and 18 redevelopment in that particular, area;" and, 19 20 WHEREAS, on November 18, 1997, the City Commission requested 21 that the City Administration prepare a draft ordinance for first 22 reading, in order to obtain public input regarding the distance 23 requirements from residential properties for businesses in the 24 Bird Road Area, which desire to permit the consumption of beer 25 and wine on the premises; and, 26 27 WHEREAS, the "Bird Road 'Area" for purposes of this ordinance 28 is that area designated as Neighborhood 1 of the ten traditional 29 neighborhoods described in the City's Comprehensive Plan; and, 30 31 WHEREAS, the City Administration has mailed notices to all 32 property owners who own property which is located within the City 33 and is north of Blue Road (S.W. 48 Street), in order to obtain 34 the public input which is desired by the City Commission; and, 35 36 WHEREAS, said mailing to property owners is not a required 37 action by the City to fulfill any advertising requirement; and, 38 39 WHEREAS, all procedural requirements, as set forth in both 40 the laws of the State of Florida and in the City of South Miami's 41 adopted Land Development Code, have been met; and, 42 43 WHEREAS, on December 30, 1997, South Miami Planning Board 44 voted 5:2 to recommend denial of the ordinance as proposed The 45 Planning Board then voted 7:0 to recommend for approval that the Bird Road Alcoholic Beverages Ord: 3rd Reading February 3, 1998 1 1 following four recommendations be forwarded to City Commission 2 for consideration and possible incorporation into the ordinance 3 reviewed by Planning Board: 4 5 1) that beer and wine only be served with food in restaurants; 6 7 2) that no bar be established within the design of restaurants; 8 9 3) that the City Attorney draft guidelines for what constitutes 10 restaurants; 11 12 4) that a permanent, opaque buffer be erected between commercial 13 establishments and adjoining residential property; and, 14 15 WHEREAS, the City Commission finds that it is in the public 16 interest to review distance requirements related to the sale of 17 alcoholic beverages in the area known as the "Bird Road Area. 18 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 21 THE CITY OF SOUTH MIAMI, FLORIDA: 22 23 24 Section 1. Beset =en -4- 2 ( ` (3 ` ' h ,' ineludes a ehart wilt 25 feetnete is hereby amended se that the feetnete reads as fellows: 26 27 The speinq between residential preperties ---and 28 rest tS /leung„ and ighte ub dees net apply 29 within the Hemetewn Dmiet , as--we well as adjacent 30 residential property outside of trhe- Hemetew-m District. 31 This -emr t=en -As al s -- adept-e d-€er :o e:perties whrek—a-re. 32 gened for eat mereisl :o ree es --and leeated en Bird -Roua- 33 34 That a new sub- section 4- 2(a)(4) shall be created as follows: 35 36 _(4) Exceptions from the aforementioned distance requirements from 37 residential -- Premises located in zoning districts which permit 38 restaurants and which are located along Bird Road may serve wine 39 and beer as part of an approved restaurant use where no bar is 40 1provided, where food is served in conjunction with alcoholic 41 beverages, and where a permanent opaque buffer is provided 42 between the premises and any and all adjoining' properties which 43 are zoned residential. Distance requirements from churches and 44 schools shall be observed for all properties along Bird Road 45 Bird Road Alcoholic Beverages Ord: 3rd Reading February 3, 1998 2 1 Section 2 If any section, clause, sentence, or phrase of 2 this ordinance is for any reason held invalid or unconstitutional 3 by a court of competent jurisdiction, the holding shall not 4 affect the validity of the remaining portions of this ordinance. 5 6_ Section 3. All ordinances or parts of ordinances in conflict 7 with the provisions of this ordinance are hereby repealed. 8 9 Section 4. This ordinance shall take effect immediately at 10 the time of its passage. 11 12 PASSED —AND this 21st — day -- ez jarum 1 ; 1998— 13 14 PASSED AND ADOPTED this 3rd day- of February, 1998. 15 16 ATTEST: APPROVED: 17 18 19 20 21 CITY CLERK MAYOR 22 23 24 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 25 Mayor Price: 26 Vice -Mayor Robaina: 27 Commissioner Oliveros: 28 Commissioner Young: 29 CITY ATTORNEY Commissioner Bethel: 30 c:\ \ Ldc.\ Alcoholic Bev ord.doc CITY OF SOUTH MIAMI T7 INTER - OFFICE MEMORANDUM To: Brian T. Soltz Date: December 19. 1997 Planner From: Gregory J. Oravec Re: Bird Road Planner Alcoholic Beverages ITEM: PB -97 -032 Applicant: Mayor and 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 REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY. PROVIDING FOR ORDINANCES IN CONFLICT; AND. PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND On October 28, 1997, the Planning Board voted 6:1 to recommend to the City Commission "that the area on Bird Road be reviewed as a special zoning district, in order to permit the consumption of beer and wine, and in `order to spur growth and redevelopment in that particular area." On November 18, 1997, the City commission requested that the City Administration prepare a draft ordinance for first reading, in order to obtain public input regarding the distance requirements between residential properties and businesses in the Bird Road Area, which desire to permit the consumption of beer and wine on the premises. On December 2, 1997, the City Commission voted 5 -0 to initiate the Public Hearing process. ANALYSIS The "Bird Road Area" referenced in the proposed ordinance is the northern most neighborhood in the City. It is a neighborhood composed of the following zoning districts: General Retail (GR). Residential Office _(RO), Medium Density Multi- Family (RM 24), Single Family Residential (RS -4 & RS -5), Public /Institutional (PI), and Parks and Recreation, (PR). The GR zoning district fronting Bird Road is a high traffic urban area, and the only district in the neighborhood which allows alcohol related uses; but, the majority of those uses are not permitted in the district because the City's Code of Ordinances outlines spacing requirements which prohibit some alcohol related uses based on their distance from churches, schools, and residential properties. These spacing requirements were created in order to protect residential, church, and school uses from the possible negative impacts which can be associated with the sale and consumption of alcohol. Now that the spacing requirements are being revisited via the proposed ordinance. the crucial issue is how the consumption and/or sale of alcohol in the GR zoning . district would affect the Bird Road Neighborhood. The following uses are commonly associated with the sale and/or consumption of alcoholic beverages and are permitted within the GR zoning district as described in Section 20 -3.3 of the South Miami Land Development Code (LDC); restaurant, drinking place, liquor store, and grocery store. Pursuant to Section 4 -2 (a) (3) of South Miami's Code of Ordinances restaurants. drinking places, and liquor stores must maintain a minimum distance of 500 feet from churches. schools, and /or residential properties, (see Attachment A)'. Figure 1 demonstrates that there are no schools within 500 feet of the GR district, and that the Hope Lutheran Church facility is within 500 feet of a minor portion of the GR district. Most importantly, however, Figure I exhibits that there is no segment of the GR zoning district which is not within 500 feet of a residential property. As a result of these minimum distance requirements, a grocery store would currently be permitted to sell beer and wine in most of the subject area, pursuant to state approval and all other applicable South Miami laws, because it does not have a required minimum distance from a residential area.: The remaining alcohol related uses, however, are currently prohibited from allowing the sale and/or consumption of alcoholic beverages in the GR zoning district almost exclusively because of their distance from residential properties. Should alcohol related uses be permitted within 500 feet of residential properties? Miami -Dade County has answered yes. The Code of Metropolitan Dade County does not require a minimum distance between alcohol related uses and residential properties (see Attachment B). As a result, there are Miami -Dade County zoning ;districts bordering the Bird Road Neighborhood which would allow the sale and consumption of alcoholic beverages within 500 feet of South Miami residential properties. Thus, alcohol related uses could already be affecting the neighborhood. The presence of Miami -Dade zoning which allows alcohol related uses, adjacent to South Miami residential properties is important because it demonstrates that this ordinance's proposed changes are not a radical divergence from what may already exist., However, it is not reason alone to change the City of South Miami's Code of Ordinances because Miami -Dade County's law evidences an opinion, not an answer. Alcohol related uses can adversely affect residential neighborhoods. Examples are numerous and well documented, some are typified below. One of the lesser problems of a drinking place use results from its late hours, the noise associated with the business can disturb surrounding residents. On a more severe scale, drinking places often invite drunk and disorderly conduct. Therefore. drinking place uses should be adequately buffered from a single family neighborhood. The liquor store use may also invite unwanted elements' into a neighboring residential area, ' The names of the alcohol- related uses listed in the Land Development Code (LDC) differ from those stated in Section 4 -2 (a) (3) of the Code of Ordinances. The official permitted uses are as listed by the LDC. For the purposes of this comparison, the bar /lounge and nightclub uses referred to by the Code of Ordinances equals the drinking place use referred to by the LDC; package store equals liquor store; and, grocery store and supermarket equal grocery store. vagrants and open containers. A restaurant with a bar can have the same negative impacts as a drinking place. However. this rarely occurs because of the differences which arise from being a restaurant first and a drinking place second. The primary function of a drinking place is to sell alcohol for consumption on premises. In contrast. the primary function of a restaurant is to sell food. Alcohol is sold secondarily as a means to enhance the food and the sales receipts. Due to these inherent differences. the sale of alcohol for consumption at a restaurant is less likely to negatively impact a surrounding neighborhood. For example. a restaurant does not have to keep the same hours as a drinking place to be successful. Most restaurants close by midnight. while many drinking places often stay open until 5 a.m.: thus. restaurants do not subject their neighbors to the same late night disturbances. Restaurants are also less susceptible to problematic patrons because the staff is more inclined to monitor and regulate their drinking customers in order to avoid detracting from the eatery's atmosphere. Most importantly. these generalities are buttressed by the fact that in the City of South Miami all restaurants are analyzed and evaluated by staff. the Planning Board. and the City Commission. Therefore. poor or inappropriate concepts can be denied. At times.. the City has decided that the benefits of permitting the consumption of alcoholic beverage outweigh the negative possibilities. as evidenced in the exemptions afforded the Hometown District. Eliminating the distance requirement between residential properties and restaurants which serve alcoholic beverages within the GR district of the Bird Road Neighborhood will allow those restaurants to increase their sales and compete with ,other area restaurants. spurring the growth that the Planning Board called for at the meeting of October 28. Therefore. staff concludes that the positives of permitting the sale and consumption of alcoholic beverage at restaurants within the GR district fronting Bird Road outweigh the negative possibilities. COMPREHENSIVE PLAN This request does not conflict with the adopted Comprehensive Plan of the City of South Miami. APPLICABLE REGULATIONS Code of Ordinances Land Development Code RECOMMENDATION The characteristics of a restaurant in conjunction with the analysis and evaluation of said restaurant through he t g public hearing process greatly reduce the chance of adverse impacts to the surrounding community. Therefore. staff recommends approval of the proposed . ordinance with the following changes: Section l of the proposed ordinance should be changed to state the following: ection 1. Section 4 -2 (a) (3) which includes a chart with a footnote attached to the category "Residential" is hereby amended so that the category "Residential" includes an additional footnote, which reads as follows: + The spacing between residential properties and restaurants does not apply within the General Retail District fronting Bird Road, as well as adjacent residential property outside of said district. Attachments: Attachment A, Section 4 -1 & 4.2 of the South Miami Code of Ordinances Figure 1, portion of City's Zoning Map showing distances from selected uses Attachment B, Excerpt from Code of Metropolitan Dade County) Letter dated December 2, 1997 Draft, Proposed Ordinance that was approved at first reading 5 -0 3 Attachment A f Chapter 4 ALCOHOLIC BEVERAGES* Art. I. In General, §$ 4- 1--4-8 Art. II. Licenses. $f 4- 9-4.13 ARTICLE L IN GENERAL Sec. 4.1. Manufacture, sale, distribution governed by pro- visions of this chapter. No person, corporation, or other entity shall engage in the man- ufacture, sale or distribution of alcoholic beverages, except strictly under the terms and provisions of this chapter. (Ord. No. 128, § 1, 9- 24 -40; Ord. No. 1448, § 1, 6- 12 -90) Sec. 4.2. Distance requirements; nonconforming use; cer- tificate of occupancy. (a) Distance requirements. (1) Distance from a church, school, or residential property shall be measured by following a straight horizontal line from the nearest point of the property line of the property on which the proposed licensed establishment is to be located to the nearest point of the property line of a church, school or residential property. (2) In all other cases, distance shall be measured by following a straight horizontal line from the nearest point of the perimeter wall of the proposed establishment to the nearest point of the perimeter wall of the existing establishment. (3) No premises shall be used for the sale of alcoholic Bever - ages where the proposed licensed establishment is located less than the distance in feet from another use as indicated in the following chart: *Cross reference— Consumption of alcoholic beverages in public and private places, § 15.74. State law reference— Alcoholic beverage laws, Chs. 561, 567, 568, and 569, Florida Statutes. SUPP•. No. 48 47 sasn ffullurojumuon( s1a -ysLq jjrD sviois af'exaed s�axleruladn S aloes xJ200l9 gnla�q�r� saffunoysreg s�uerne�sa� ' ,Iequaprsa� � h 10011-7s .ro galn rqj °C °c V•f h h N �Ii N'7 N N I' c •� +� r v N Qi a.r y w va +•+ •w. �[ww _J ce, N C -iQ 0 ca c 0 (q b o (� {t.• a it = i o Z Supp. Na 48 48 C. CL oG c c N 'o u � `o c u me c o .o c u GO b c o C r L. ca „Q o V VJ O. c R ca -,= = C to o N u -N So S w c � 4Ni •=� �. ca w H o» 0 o_ a� .. 3 R y w w 43 h � Q � C 3 0 GO O c� R CA ate' u • .ai F * 3 y r Y A sw Gt e � �a nx x x x X X 000 tH tyt c c 0 0 0 0 0 0 m eb n n � O 1 IS OQb d • a a s .a i 4w OOOP MA CD CD r. i • a i � f/J 4 � � iii :'fig•" • it:fi: I b t siYS • swat �• t Lit •.. ♦ t ii+.�.. � Y 7 •=tom t` �D �C t eo f; II ►' ,I s L, i Mme► Attachment B (d) The word "owner" as used in this article front door of the proposed place of business shall include owners of the fee, lessee and "agent to the nearest point of the church struc- in charge." ture, and (Ord. No 57 -19, 6 32(L), 10- 22 -571 ARTICLE X. ALCOHOLIC BEVERAGES* Sec. 33 -150.. Location of establishments. (A) Distance from other establishments. Unless approved as a special exception (Section 33- 311(d)), no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the struc- ture or place of business intended for such use is located less than fifteen hundred (1,500) feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The fifteen hundred (1,500) feet distance require- ments shall be measured by following a straight line from the nearest portion of the structure of the place of business. (B) Distance from church or school. Unless approved as a special exception (Section 33 3.11(d)), no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than twenty- five hundred (2,500) feet from a,church or public school. The twenty- five - hundred -foot distance re- quirement shall be measured and computed as follows: (1) From a church, the distance shall be mea- sured by following a straight line from the *Charter reference— Authority of County to establish and enforce regulations for sale of alcoholic beverages in unincorporated areas and to approve municipal regulations on hours for the sale of alcoholic beverages, § 1.01(A)(16). Cross references— Definition of alcoholic beverages, § 33 -1(3); definition of bar or saloon, § 33- 1(10); definition of beer, § 33- 1(13); definition of cabaret, § 33- 1(23); definition of intoxicating liquors, § 33- 1(59); minors gaining admission to prohibited places, or for purposes of securing beer, liquor or wine, by false statements or credentials, § 21 -10; package stores and nightclubs in hotels, RU-4 District, § 33- 222.4. Supp. No. 16 r 5229 (2) From a public school, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the school grounds. (C) Compliance prerequisite to issuance of li- censes, permits and certificates. No certificate of use or occupancy, license, building or other permit shall be issued to any person, firm, or corporation for the sale of alcoholic beverages to be consumed on or off the premises where the proposed place of business does not conform to the requirements of subsections (A) and (B) above. (D) Nonconforming uses; definition ofabandon. meet. The uses referred to in subsections (A) and (B) above that are in violation of the provisions thereof, and that were in existence on or before June 14, 1956, shall be deemed to be nonconform- ing and as such may continue until there is an abandonment thereof, provided that such noncom- . forming uses have been established and proven to the satisfaction of the Department on or before October 1, 1956, and not thereafter. After October 1, 1956, the right to establish a use not conform- ing with the requirements of subsections (A) and (B) shall have expired and shall not thereafter be recognized. Any uses, created and established in a legal manner, which may thereafter become non- conforming, may continue until there is an aban- donment. Once a nonconforming use is aban- doned it cannot be re- established unless it can conform to the requirements of this chapter. Abandonment shall consist of a change of use or of a suspension of active business with the public for period of not less than three (3) months, or prior to the end of the period, on a 'written declaration of abandonment by the tenant and owner of the premises if under lease, and if not, by the owner. (E) Exceptions to spacing and distance require- ments. The restrictions and spacing requirements set forth in subsections (A) and M above shall not apply: (1) To private clubs, provided such clubs con - form to all the requirements of a private I] CITYCONENIISSION CHAIRMAN City of South `iiami BuiidinL,. Zoning & Community Development 6130 Sunsct Drive South Miami. Florida 33143 Fax 3U5 663 -6327 Phone 305 666 -4591 FAMILY FIRST, Reference is made to Gregory J. Oravec's letter of December 19. 1997 announcing a meeting to be held on the evening of December 30, 1997 to review a proposed ordinance which would allow, contrary to the existing Cite Code of Ordinances, some °businesses on Bird Road to sell alcoholic beverages for consumption on- the - premises within 500 feet of residences (family dwellings). I think it is a crime to have chosen this particular date and time of year for such a meeting. This is that special time of year when families are busy celebrating and trying to find time to spend with relatives and friends. Yet this is an issue that would likely be of concern to those same families. You do a great disservice to the targeted community by scheduling this meeting at that time. I hope you will reconsider. Sincerely Bradley N. Coule, Resident 6235 S.W. 42 °d. Street South Miami. Florida 33155 cc: Bill Mackey, AICP ' Brian T. Soltz FAX CORRECPONDENCE To: Gregory Oravec Planner, City of South Miami Fax no. (305) 666 -4591 From: Dave Bernero Property owner, city of South Miami 4241 S.W. 62 Avenue Miami, Fl. 33155 Fax no. (305) 661 -5229 December 21, 1997 Dear Sir; Please accept this letter as my official objection to the proposed ordinance change that would allow the sale of alchoholic beverages within 500 feet of residential areas. I would prefer to keep the existing ordinance, since there already are enough businesses within this restriction that can now sell alchoholic beverages. The area I am referinq to is Red Road and Bird Road where there is a full service liquor store. I firmly believe that any change, of this nature, Would only erode the already unstable fringe area, and contribute to the decline of the quality of life and property values in my area. I have already witnessed enough wanton construction, in this area, that has taken place without any City permits. If this letter cannot be accepted.as my official objection, please phone or fax me at the above number, and I will make my objection.in person at the December 30th meeting. Thank you for your support in this matter. Respectfully-, avid A. 9 ernero raxlphone (30$) 661 -5229 December 2, 1997 Bill Mackey, AICP Director of Planning and Zoning City of South Miami Dear Mr. Mackey, Please be advised that we are opposed to any variance that would allow liquor to be served in an establishment in the area adjacent to our neighborhood. We are concerned that a variance would then provide the opportunity for similar situations to be allowed and to further threaten this area. Thank you for your attention. Sincerely. �andon Harris 4108 SW 61 Avenue S. Miami, FL 33155 City of South Miami BUILDING, ZONING & COMMUNITY DEVELOPMENT 61 °30 Sunset Drive / South Miami, Florida 33143 / (305) 663- 6327 Fax (305) 666 -4591 November 21, 1997 Dear South Miami Property Owner: This letter serves as courtesy notice to inform you that on December 2, 1997, at 7:30 p.m., the City Commission of the City of South Miami, Florida, will be reviewing a proposed ordinance at first reading relating to commercial property in your neighborhood. The meeting will be held in the Commission Chambers at City Hall located at 6130 Sunset Drive, South Miami, Florida, and this ordinance will be reviewed at the end of the meeting. Members of the public should address the City Commission on this matter under the section of the agenda entitled "Public Remarks." The proposed ordinance would allow some businesses on Bird Road to sell alcoholic beverages for consumption on- the - premises. Currently, the City's Code of Ordinances prohibits the sale of alcoholic beverages within 500 feet of any residential property, which effectively prevents new businesses from obtaining beverage licenses (except for the sale of beer as a package item). The proposed ordinance would remove the residential distance requirement. However, the distance requirement from schools and churches would be retained. Existing licenses are not affected. The City Commission is interested in obtaining your input. All interested persons are urged to attend. Objections or expressions of approval may made in person at the meeting or filed in writing prior to or at the meeting with the City Clerk. Please, send mail to the address above. If you have any questions regarding this or any other planning and zoning matter, please, feel free to contact me by telephone at (305) 663 -6327 or by telefacsimile at (305) 666- 4591. Thank you. Sincerely, 6V Bill Mackey, AICP Director of Planning & Zoning c: L. Dennis Whitt, City tLlanager Ronetta Taylor, CMC, City Clerk Earl G. Gallop, City Attorney "City of Pleasant Living" Dear South Miami Property Owner: This letter serves as a courtesy notice to inform you that on December 30, 1997, at 7:30 p.m., the Planning Board of the City of South Miami, Florida, will be reviewing a proposed ordinance relating to commercial property in your neighborhood. The meeting will be held in the Commission Chambers at City Hall located at 6130 Sunset Drive. South Miami, Florida. The proposed ordinance would allow some businesses on Bird Road to sell alcoholic beverages for consumption on- the - premises. Currently, the City's Code of Ordinances prohibits the sale of alcoholic beverages within 500 feet of any residential property, which effectively prevents new businesses from obtaining beverage licenses (except for the sale of beer as a package item). The proposed ordinance would remove the residential distance requirement. However, the distance requirement from schools and churches would be retained. Existing licenses are not affected. The Planning Board is interested in obtaining your input. All interested persons are urged to attend. Objections or expressions of approval may be made in person at the meeting or filed in writing prior to or at the meeting with the City Clerk. Please, send mail to the address above. If you have any questions regarding this or any other planning and zoning matter, please feel free to contact me by telephone at (305) 663 -6326 or by telefacsimile at (305) 666 -4591. Thank you. Sincerely. Gregory J. Oravec Planner c: Bill Mackey. AICP Director of Planning & Zoning Brian T. Soltz Planner "City of Pleasant Living" r e �, n IM 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 on Tuesday, January 20, 1998, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following described ordinance: 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 REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. (First Reading December 2, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; PROVIDING A 180 DAY MORATORIUM ON ACCEPTANCE AND REVIEW OF APPLICANTS, AND ISSUANCE OF DEVELOPMENT PERMITS, FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS TO ENABLE THE CITY TO PREPARE AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES IN CONFLICT SHALL' NOT BE IN FORCE AND EFFECT DURING THE TIME' PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (First Reading - December 16, 1997) Said ordinances can be inspected in the City Clerk's Office, Monday Friday during regular office hours: Inquiries concerning this item, should be directed to the Planning & Zoning Department at: 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 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. MINUTES REGULAR MEETING Planning Board . Tuesday, December 30, 1997 City Commissioners' Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance. A. Mr. Basu, Chairperson, called the meeting to order at 7:30 p.m. II. Roll Call. A. Board members present constituting a quorum 1. Mr. Basu, Mr. Pages, Mr. Lefley, Mr. Morton, Ms. Thorner, Ms. Chimelis, and Ms. Dupree B. City staff present 1. Bill Mackey (Planning & Zoning Director); Gregory Oravec (Planner): and David Struder (Board Secretary) III. Public Hearing: A. ITEM: PB -97 -032 Applicant: Mayor & 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 REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. 1. Ms. Chimelis read the request into the record. 2. Staff presented the item to the Board. a. Staff provided background information related to the request, such as that involving the Board's consideration of PB -97 -031 on October 28, 1997. ExcerptedPB Min 12 -30 -97 1 b. Staff stated that they recommended approval of the item, inclusive of the modification shown on page 4 of their inter - office memorandum, Bird Road Alcoholic Beverages, dated December 19, 1997, and provided for the Board's reference. 3. Prior to the public hearing, the Board and staff discussed the proposed ordinance. a. The Board emphasized that its intent and desire is to include restaurants only, as indicated in staff's recommendation for approval'. b. The Board and staff clarified that the proposed ordinance is specific to the GR zoning district of the Bird Road Area and is not site specific within that particular zoning district. 4. Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in to speak before the Board. Mr. Tucker asked the City to take a positive stance in regard to the issues of the proposal, including the possibility of more occupied buildings and increased revenues. b. Mr. Luis Caresa, Jr., signed in and spoke before the Board on behalf of his parents, who are property owners at 5807 SW 41 Street. Mr. Caresa inquired as to the history of the City's current ordinance and background information on the proposed ordinance. c. Mr. Mackey responded that the current ordinance may have originated from the City's desire to curtail what traditionally in common law is known as "nuisances ". d. Mr. Caresa opined that while there may always be nuisances to property owners in the area, an ordinance limiting consumption of alcoholic beverages to restaurants only would be preferable to an ordinance containing no such restriction. 5. Public hearing was closed. 6. The Board continued with its consideration of the item. a. The Board concurred that its intention is to approve a document that would permit the sale of beer and wine in restaurants specifically, thereby promoting desired development, such as restaurants, in the Bird Road Area. b. During its consideration, the Board discussed criteria that could be incorporated into the ordinance, including regulations that would better define those places serving alcoholic beverages, i.e., "food - serving establishments" without bars, and rules that would govern the types of alcoholic beverages served in such establishments, e.g., wine and beer only. c. In response to Mr. Lefley's inquiry; staff clarified that Section 1, footnote 1, of the ordinance is being recommended to contain language without the underlined sentence This exemption is also adopted for properties which are zoned for commercial purposes and located on Bird Road; EscerptedPB Min 12 -30 -97 2 4 and that Section 1 is also being recommended to contain a footnote 2 with the language The spacing between residential properties and restaurants does not apply within the General Retail District fronting Bird Road, as well as adjacent residential property outside of said district. d. Mr. Basu summarized the proceedings thus far by 'stating that a preferable scenario would be the serving of beer and wine with food at a restaurant of no specific size and with no bar, having a permanent, solid buffer between commercial and adjoining residential property. e. Mr. Basu recommended that the City Attorney draft guidelines as to what defines and constitutes a restaurant. 7. Motion: Mr. Morton moved denial of the ordinance as presented. Ms. Chimelis and Mr. Lefley both seconded the motion. 8. Following further discussion, the Board voted on the motion for denial of the ordinance. 9. Vote: Approved: 5 Opposed: 2 (Ms. Thorner) (Ms. Dupree) 10. Mr. Basu summarized recommendations that the Board may wish to consider in its motion. 11 Second motion: Mr. Pages moved approval that the following four recommendations be forwarded to the City Commission for consideration and possible incorporation into the ordinance reviewed by Planning Board this evening: 1) that beer and wine only be served with food in restaurants; 2) that no bar be established within the design of restaurants; 3) that the City Attorney draft guidelines for what constitutes restaurants; 4) that a permanent, opaque buffer be erected between commercial establishments and adjoining residential property. Mr. Morton seconded the motion. 12. Vote: Approved: 7 Opposed: 0 ExcerptedPB Min 12 -30 -97 3 f I e i IAL.D. THURSDAY. ^JANUARYS, 1 Wualay ir Service. C� `�•[ 1 V EVERWHING MUST ART SUPPLIES # CRAFT SUPPLIES WILTON CAKE SUPPLIES # CANDY MAKING SUPPLIES # SILK & DRIED FLOWERS dip BASKETS 4 YARN �FRRAMES # T-S RTS OTIONSS# FABRIC TRIMS AN Saks final Cash & Credit Card Sales Only Sorry No Checks SHOP EARLY FOR BEST SELECTION SAVE A BUNDLE ON ALL YOUR CRAFT NEEDS - - 9%9A -AAAA Count on Action line to solve problems, get answers and stand up for your rights. Now you can Pay vour classified bill with your favorite credit card. When you call in your ad Just say you want to bill it to your credit card and give the Sales Representative the necessary information. More than 700,000 readers turn to our Classified section every day. VISA l�1i g aaaw ktro CITY OF SOUTH MIAMI t a NOTICE OF "PUBLIC BEARING 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 =on Tuesday, January 20, 1998, beginning at 7:30 p.m., in the City Commission Ctrs, 6130 Sunset Drive, to consider the following described ordinances 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 ENTITLED 'ALCOHOLIC BEVERAGES; IN ORDER TO REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS 'j IN THE AREA KNOWN AS THE BIRD ROAD AREA: PROVIDING FOR i SEVERABi1Ti.'Y: PROVIDING FOR ORDINANCES IN CONFLICT; AND i PROVIDING FOR AN EFFECTIVE DATE. (First Reading December 2, 1997) -. . AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE;' PROVIDINGA 180DAYMORATORiUM ONACCEP'IANCEAND REVIEW OF APPLICANTS, AND ISSUANCE OF DEVELOPMENT PERMITS, FOIh THE INSTALLATION OF TELECOMMUNICATION TOWERS TO ENABLE THE CITY TO PREPARE AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN ` FORCE AND EFFECT' DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY. .ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (First Reading December 16,1997) °Said.t r&iinces can be inspected in the City Clerk's Office Monday Friday during regular office hours. inqtihie' s concerning this item should be directed to the "Planning & Zoning Depart nt at; 663 -f326. _me ALL Interested parties are invited to attend and will be heard. .. _ Ronetta Taylor: CMC a City Clerk tea -, ,, City of South Miami; Z!5 Pdksdant to Florida Statues 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 ivs,J �, ct to any matter considered at its meeting or hearing, he or she will need a.Pi 0IQ oI`tfTie } ioceeiiings, and that for such ppurpose, afflicted pparson may need' to ensure that a verbatim record of the 'proceetiinggss is made which record includes - the:tesdinonyand evidence upon which the appeal is to be based._ IT Will VP tiMATYOUCAMD% FROM 29 GETTIN. PE �p Valu �. SAYS -�- Since irOKAY" TO 1971 CREDIT Dlabadee Fanese Chit Weekend CARDS ART SUPPLIES # CRAFT SUPPLIES WILTON CAKE SUPPLIES # CANDY MAKING SUPPLIES # SILK & DRIED FLOWERS dip BASKETS 4 YARN �FRRAMES # T-S RTS OTIONSS# FABRIC TRIMS AN Saks final Cash & Credit Card Sales Only Sorry No Checks SHOP EARLY FOR BEST SELECTION SAVE A BUNDLE ON ALL YOUR CRAFT NEEDS - - 9%9A -AAAA Count on Action line to solve problems, get answers and stand up for your rights. Now you can Pay vour classified bill with your favorite credit card. When you call in your ad Just say you want to bill it to your credit card and give the Sales Representative the necessary information. More than 700,000 readers turn to our Classified section every day. VISA l�1i g aaaw ktro CITY OF SOUTH MIAMI t a NOTICE OF "PUBLIC BEARING 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 =on Tuesday, January 20, 1998, beginning at 7:30 p.m., in the City Commission Ctrs, 6130 Sunset Drive, to consider the following described ordinances 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 ENTITLED 'ALCOHOLIC BEVERAGES; IN ORDER TO REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS 'j IN THE AREA KNOWN AS THE BIRD ROAD AREA: PROVIDING FOR i SEVERABi1Ti.'Y: PROVIDING FOR ORDINANCES IN CONFLICT; AND i PROVIDING FOR AN EFFECTIVE DATE. (First Reading December 2, 1997) -. . AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE;' PROVIDINGA 180DAYMORATORiUM ONACCEP'IANCEAND REVIEW OF APPLICANTS, AND ISSUANCE OF DEVELOPMENT PERMITS, FOIh THE INSTALLATION OF TELECOMMUNICATION TOWERS TO ENABLE THE CITY TO PREPARE AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN ` FORCE AND EFFECT' DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY. .ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (First Reading December 16,1997) °Said.t r&iinces can be inspected in the City Clerk's Office Monday Friday during regular office hours. inqtihie' s concerning this item should be directed to the "Planning & Zoning Depart nt at; 663 -f326. _me ALL Interested parties are invited to attend and will be heard. .. _ Ronetta Taylor: CMC a City Clerk tea -, ,, City of South Miami; Z!5 Pdksdant to Florida Statues 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 ivs,J �, ct to any matter considered at its meeting or hearing, he or she will need a.Pi 0IQ oI`tfTie } ioceeiiings, and that for such ppurpose, afflicted pparson may need' to ensure that a verbatim record of the 'proceetiinggss is made which record includes - the:tesdinonyand evidence upon which the appeal is to be based._ IT Will VP tiMATYOUCAMD% FROM 29 6854770. tKreratx Mle�-: Avenue. Call 385 - 7078.... Courses, to �° 9� 2- Instruction and open play In Dade. Cell ces Oulu. Cal 232 - USBA Region 3 director at 827 -4411. Makosdub b bokin Dlabadee Fanese Chit Weekend players. Call 859 -96, sporting activities and social events Rowing: The Miar for diahef e. Free. Cal US -1064. seeking new membe DisegothAn18-hole cam at Rugby:MWWRuu Kendall Indian Hammocks Park, looking for Wavers. i 11345 SW 79th St., is open during required. Practices , park hours (7 a.m. to sunsetf. Free days and Thursdays league play is at 3 Pm. Saturdays. Southwest 185th Str Play Is open to players of all abWtles. Call Keith Johnson at885 9476 Mon- MoclolvFf day through Friday 7 a.rrL to 6 p.m. Includes parbolpetic C Miami Fencing Club competitive sports l- 1108 from 7 -9 p m. Tuesdayaand play 4-6 p.m. Monts Thursdays at South Miami Middle mocks may, f School. 6750 SW 60th St. Open to all ,mss Blvd.. Kends apes. Call 865 -1040. Park, 10400 SW 12: FireatmaeNNydaesmPerents from K atsolderth and children can learn the fundamen- volurdeertobeom tab of firearm safety and use In this season; 380-6971. coups at the Trail Glades Rangs, TAM tenni : Dm 17601 SW" Eighth St. Open toenyone JCC,11156SW 112 10 and alder. Fes $5 adults children frrom 7 W ' 10 p.m 10.17 free. Classes during operating ext. 290. hours: Monday 12:30 -5:30 p.m., 5;30 p.m., Friday Thursday 9 *.m.-5:30 's Y s Woman's Yacht noon- J11Op.m. and Saturday-Sunday dom, Meetings (� a.m. -5:30 p.m. Closed Tuesday and dl et Coral Rat Wednesday. Cal 227.8566. 2 484 S. B 10fe G � Frisbee: Ultimate Fi sbse team seeks man and women of all levels. What You Can Call 825-0755. - by nary Jenkins. Grove • ugglets Fxchan9e Jug_ special sports ev gfing for a8 ages and skill level; 8-10 forming and des p.m. Thursdays: University of Miami, nonprofit or not - in the breezeway between the student zations at least h union andthe bookstore(on Sanford advance to What ontekires rwrrtoroinformauabca8 SportsDeperMw 235 -7300. Herald, t Harald Imlknfik&WW Skate 2000offs 33132- 10%Ort. freeleesortatrom1hegkmera40 AllfterrattNrstinr edvenoedtram10e.m.tonoon & ar and apftgneMar days ForbcNbnnwa-1youcell ple can mil for na The below Not mNng items which may be of mm iediate 1. LnCOW..14050 SW 202 Ave", Mianri Dade C=4 F, The applicant is requesting a non -use- variance t: Q a f/ sbtwbaes setback less than roqui erred. and accompanying rnMise variances on oft si 2. Location: 10711 SW 153 Street, Miami -Dade, Florida c Theappemra is roquestig non-use varianoe to permit ; and abed seback free thanrequirod ban properly lines Multiple members of individual community cwncifa may be All Persons are entitled to atterd and to speak at aixsg n the courts have ruled that it is improper to contact a indktivally. either-* cr in writing, about toni g applicat Time items not heard prior to the wxhrg time for this d III I - Who next avatable aoning hearing meeting date, Registration availa-We to t atH� x nvsn Association c be provided For more idamation an this t involving tt regisbaGonpnt>cedue, Please Maps and other data pot w*V to these items we aysdabif the MIAM DADE COUNTY DEPARTMENT OF PLANNING & REGULATIDR, 11th Flow, 111 NW First SUseL Miami, informadon is desired; call375 -2640. Hearing Section. P heart+g txanber vdxn rr�alca+g an tngnary. _ Miami -Dade County provides equal access and equc employment and does not discriminate on the basis of disab or services. for material in alternate format, a sign language aecmmmodadans. Plasm cap W8 4407 at least five days in e COMMUNITY ZONING APPEALS BOARD THURSDAY, FEBRUARY S, 1998.7:0 PJ SOUTH DADE GOVERNMENT CENTER - ROOM 203 R .10710 SW 211 STREET, MIAMI -DADE COUNTY, 'A person who decides to appeal any.decision made by an` commission with respect to any matter considered at its r will need a record of the proceedings. Such person may no, verbatim record of the proceedings is made, including t evidence upon which the appeal is to be based.. " 4wel CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: January 27, 1998 Agenda. Item # From: Diana Morris Re: Comm. Mtg. 02/03/98 Interim City Manager ERPB Appeal Resolution REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL OF A DECISION OF THE ENVIRONMENTAL REVIEW &_ PRESERVATION BOARD REGARDING ROADWAY CONFIGURATION AT THE PLANNED UNIT DEVELOPMENT WHICH IS LOCATED AT 8510 SW 57 AVENUE PURSUANT TO § 20- 6.2(A) OF THE LAND DEVELOPMENT CODE; AND, PROVIDING FOR AN EFFECTIVE DATE.' BACKGROUND & ANALYSIS: On December 2, 1.997, the Environmental Review & Preservation Board (ERPB) voted 5:1 to approve the proposed roadway configuration for the Planned Unit Development on the property located at 8510 SW 57 Avenue. On December 9, 1997, Mr. Rodney Mandelstam filed an appeal on a'form which was provided by the City Clerk's Office pursuant to Section 20- 6.2(A) of the City's Land Development Code. The City Attorney has been working toward a solution with the City Administration, in order to address the concerns of Mr. Mandelstam. An agreement will be presented at the next meeting. RECOMMENDATION: Deferral. Attachments: Draft Resolution (to be deferred) Copy of Section 20 -6.2 (A) of the Land Development Code - Excerpted Copy of ERPB Minutes from December 2, 1997 Appeal application filed by Mr. Mandelstam with City Clerk Letter, dated December 9, 1997, from Mr. Mandelstam City Manager's Report: ERPB Appeal Resolution l RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL OF 6 A DECISION OF THE ENVIRONMENTAL REVIEW & PRESERVATION 7 BOARD REGARDING ROADWAY CONFIGURATION AT THE PLANNED 8 UNIT DEVELOPMENT WHICH IS LOCATED AT 8510 SW 57 AVENUE 9 PURSUANT TO § 20- 6.2(A) OF THE LAND DEVELOPMENT CODE; 10 AND, PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, on December 2, 1997, the ERPB, Environmental Review 14 & Preservation Board, approved an application for the design of 15 roadway improvements at 8510 SW 57 Avenue; and, 16 17 WHEREAS, pursuant to §` 20- 6.2(A) of the Land Development 18 Code, an applicant, interested citizen or the City Administration 19 may appeal a decision or recommendation by the ERPB; and, 20 21 WHEREAS, Mr. Rodney Mandelstam has filed an appeal, pursuant 22 to the authorization of said § 20 -6.2 (A) . 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 25 THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. The _decision rendered by the Environmental Review 28 & Preservation Board on December 2, 1997, relating to proposed 29 roadway improvements at 8510 SW 57 Avenue, is hereby 30 31 Section 2. This resolution shall take effect immediately upon 32 approval. 33 34 PASSED AND ADOPTED this 3rd day of February, 1998. 35 36 ATTEST: APPROVED: 37 38 39 40 41 42 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 43 Mayor Price 44 Vice Mayor Robaina: 45 Commissioner Oliveros: 46 Commissioner Young: 47 CITY ATTORNEY Commissioner Bethel: 48 c:\ reports \ mandelstam appeal.doo ERPB Appeal Resolution: February 3, 1998 20 -6.2 SOUTH MUMMI LAND DEVELOPMENT CODE 20 -6.2 Appeals. (A) ERPB Decisions; Time; Standing to Appeal. All decisions and recommendations of the environmental review and preservation board (ERPB) shall be posted on the City Hall bulletin board immediately following the ERPB meeting. An applicant may obtain a building permit after noon of the day after the ERPB meeting, at which the application was approved, if all other requirements for the permit have been met. An appeal of an ERPB decision or recom- mendation may be filed at any time before a building permit is issued by filing same with the city clerk upon a form prescribed therefore. Appeals may betaken by the applicant, interested citizens, or the city administration. (B) Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the city commis- sion, after notice of appeal has been filed with him, that because of the facts stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life or property or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of the Code. (C) Restraining Orders. If certification occurs in accordance with subsection (B) above, proceedings may not be stayed except by a restraining order, which may be granted by the city commission or by a court of record on application, on notice to the officer from whom the appeal' is taken and on due cause shown. (D) Appeal Hearing. The city commission shall hear and enter a decision on all appeals within sixty (60) days of the date of filing said appeal, and shall provide due notice of the appeal to the parties. (E) Commission Action. The city commission may reverse, affirm or modify any order, requirement, decision or determination appealed from and shall make any order, requirement, decision or determination that, in the city commission's opinion, ought to be made in the circumstances. (F) Modification Allowed. When practical difficulties or unnecessary hardships would result from carrying out the strict letter of a Code provision, the city commission may, in passing upon appeals, vary or modify any regulation or provision of the Code relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of the Code is observed, public safety and welfare secured, and substantial justice done. (G) Prior Denials. The city commission shall not be required to hear an appeal or appli- cation previously denied if it finds that there has been no substantial change in conditions or circumstances bearing on the appeal or application. (Ord. No. 27 -92 -1522, 11 -3 -92; Ord. No. 10 -93 -1538, 7- 20 -93; Ord. No. 4 -94 -1553, § 1, 3 -1 -94) 140 v SUMMARY MINUTES REGULAR MEETING ENVIRONMENTAL REVIEW & PRESERVATION BOARD December 2, 1997 8 :30AM I. CALL TO ORDER IL ROLL CALL A. Board members present constituting a quorum 1. Ms. Russell, Mr. Schiffer, Ms. Banks, Mr. Whitehead, Mr. Feliu, and Mr. Shaw B. City staff present 1. Brian Soltz (Planner) and David Struder (Board Secretary) III. REQUESTS FOR APPROVAL D. PLANNED UNIT DEVELOPMENT [EB -97 -020] Applicant: B.A. Carmona Associates (Engineer) Address: 8510 SW 57 Avenue Note: The planned unit development (PUD) approval process requires the applicant to appear before this board for final approval of all elements of the project. This application involves the final approval of the paving for the site. Staff: Staff recommends approval as submitted. 1. Mr. Shaw dismissed himself from deliberation of the application, due to conflict of interest. 2. Mr. Guillermo Acosta, of B.A. Carmona Associates, signed in and served as the representative. 3. Staff explained the application to the Board, noting that today's application involves paving and drainage for the PUD. 4. The Board and Mr. Acosta discussed the application. a. Mr. Acosta explained that the application is implementing what has been approved as part of the PUD for paving and drainage. b. Mr. Acosta further explained that drainage has been designed to meet Dade County's criteria. c. In ongoing review of the application, discussion transpired regarding the status of SW 84 Terrace as it pertains to the project. 5. Motion: Mr. Feliu moved approval of the application, as submitted. Mr. Whitehead seconded the motion. 6. Vote: Approved: 5 Opposed: 0 Abstained: 1 (Mr. Shaw) Excerpted ERPB Min 12 -02 -97 1 APPLICATION;TO BE HEARD REGULAR CITY COMMISSION MEETING h m o KdR)' Stq DATE: NAME: �Dd �) "�i ADDRESS: gS 3 p 2-eJ POO, c� �� i 3 3'4 3 . TELEPHONE NUMBER DURING BUSINESS HOURS:') 6 7 -5-77-D -T , STATE REASON FOR WHICH YOU WANT TO BE HEARD: PP�fl L o PPK� 6�4tl,4-7,o nl .801f S Hip azyfl 1. DF l /sJAitiJ'� 7-j 6ti z, �qq� Pl► tie: %s c�, G- at qs 9'h • cr►uat^ck- foss , ADDRESS OF PROPERTY: `� i S - 7 - U'e� �� A4 law Mole, -Nt n Jc /0-e --- Stf�,, vJAid i', 6,0. � uL ,vofe__ y Ja RECEIVED DEC - 9 1997 S SOUTH MIAMI GYMNASTICS CENTER 8530 Red Road • South Miami, FL 33143 December 9, 1997 South Miami Commissioners The City of South Miami Dear South Miami Commissioners, I have appealed the E.R.P.B.'s approval of the "SHAW PROPERTY" P.U.D. as it relates to final approval of paving for the site. [EB 97 -0201. As you know I have filed two lawsuits regarding this very subject matter. I am leaving for South Africa December 9, 1997, these plans having been made months ago. I therefore respectfully request that the Commission hearing dealing with my appeal is scheduled when I am back in the Country so that I can personally attend. I will definitely be back in time for your second meeting in January, 1998. Jespectfully Submitted, Rod Mandelstam RECEIVED D C - 9 1997 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: January 21, 1998 9 Agenda Item # From: Diana Morris Re: Comm. Mtg. 02/03/98 Interim City Manager "Adult Day Care Similar Use REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF A SIMILAR USE, PURSUANT TO SECTION 20 -3.3 (C)(5) OF THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S RECOMMENDATION THAT THE "ADULT DAY CARE CENTER USE BE CLASSIFIED AS A USE THAT IS SIMILAR TO THE PERMITTED USE "DAY CARE CENTER (7 OR MORE CHILDREN)" ONLY; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: City Administration has received a request to permit licensure of an Adult Day Care Center at 6320, Sunset Drive. In order to permit this use, the request is being processed via the similar use provisions of Section 20- 3.3(C)(5). ' The attached resolution allows' for adoption of the use. It is important to note that the conversion of a single - family residence to a commercial structure will require improvements to the property, such as potential water and /or sewer improvements, handicapped access, fire /life safety improvements and the provision of required parking spaces including handicapped parking spaces (which cannot be satisfied by on- street parking spaces). Pursuant to initial review by the Building Director, this is a change of use, and the building must be brought into full compliance with the 1994 South Florida Building Code. Considering both the age of the building and residential origin of the structure, this will be a very costly proposal_ These issues have not been addressed by the applicant and may effect viability of the proposal. RECOMMENDATION: Approval of the use. Proposed Resolution for Adoption Staff Report by Director of Planning & Zoning Letter from Alex T. Zakharia, Property Owner Part V, Adult Day Care Centers, Chapter 400, F. S. City Manager's Report: "Adult Day Care" Similar Use Resolution 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL 6 OF A SIMILAR USE, PURSUANT TO SECTION 20 -3.3 (C)(5) OF 7 THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S 8 RECOMMENDATION THAT THE "ADULT DAY CARE CENTER" USE BE 9 CLASSIFIED AS A USE THAT IS SIMILAR TO THE PERMITTED 10 USE "DAY CARE CENTER (7. OR MORE CHILDREN)" ONLY; AND, 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, Section 20 -3.3 (C)(5) of the Code states that: 15 16 (5) New or unlisted uses of similar nature. 17 18 (a) The director of ... Planning & Zoning ... shall consider 19 the nature of the proposed use, its compatibility with 20 other uses permitted in the various districts and 21 determine the zoning district or districts within which 22 the use should be permitted, if any. 23 24 (b) The City Manager shall transmit the findings and 25 recommendations of the Director of ... Planning & Zoning 26 .. for the classification proposed for any new or 27 unlisted use to the City Commission for review at its 28 next regularly scheduled meeting. 29 30 (c) The City Commission shall approve the recommendations 31 of the Director or make such determination concerning 32 the classification of the new or unlisted use as it 33 determines appropriate. 34 35 WHEREAS, no specific provision is presently made in the 36 City's adopted Land Development Code for the proposed use of an 37 "Adult Day Care Center;" and, 38' 39 WHEREAS, Section 20 -3.3 (D) of the Land Development Code 40 provides for "Day Care Center (7 or more children)" as a 41 permitted use under the Public and Institutional Uses in the 42 Permitted Use Schedule; and, 43 44 WHEREAS, the Director has received a letter and forwarded a 45 report to the City Manager which recommends that the proposed use "Adult Day Care" Similar Use Resolution: February 3, 1998 1 1 of an "Adult Day Care Center" be classified as a "Day Care Center 2 (7; or more children)" for the sole purpose of permitting the 3 location in the appropriate zoning districts; and, 4 5- WHEREAS, the City Manager has concurred that the use 6 proposed as an "Adult Day Care Center" is an appropriate use in 7 the zoning district where "Day Care Center (7 or more children)" 8 is currently permitted and, thereby, recommends inclusion of the 9 use to the Mayor and City Commission of the City of South Miami. 10 11 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 12 THE .CITY OF SOUTH MIAMI, FLORIDA: 13 14 Section 1. The proposed "Adult Day Care Center" use is 15 hereby classified as a use which is similar to the permitted use, 16 "Day Care Center (7 or more children)," and is, therefore, 17 permitted in the zoning districts where "Day Care Center (7 or 18 more children)" is currently permitted with the same parking 19 requirement which is one parking space for every 250 square feet 20 of gross floor area. 21 22 Section 2 The City Manager shall have final approval and 23 authority over all matters regarding the determination of the 24 applicant's compliance with the intent of these sections. 25 26 Section 3. This resolution shall take effect immediately 27 upon approval. 28 29 PASSED AND ADOPTED this 3rd day of February, 1998. 30 31 ATTEST: APPROVED: 32 33 34 35 36 CITY CLERK MAYOR 37 38 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 39 Mayor Price: 40 Vice -Mayor Robaina: 41 Commissioner Oliveros: 42 Commissioner Young: 43 CITY ATTORNEY Commissioner Bethel: 44 c:\ ... \ ldc \ Adult Day Care use.doc 45 "Adult Day Care" Similar Use Resolution: February 3, 1998 2 CITY OF SOUTH MIAMI T7INTER- OFFICE MEMORANDUM To: Diana Morris Date: January 21, 1998 Interim City Manager From: Bill Mackey, AICP Re: "Adult Day Care Center" Use Director of Planning & Zoning "ADULT DAY CARE CENTER" USE Please, find the attached letter from Dr. Alex T. Zakharia, Property Owner, regarding a proposed use at 6320 Sunset Drive. Staff has reviewed the proposal and recommends that the new use may be approved as a use which is similar to the use "Day Care Center (7 or more children)" under the provisions of Section 20- 3.3(C)(5) of the City's adopted Land Development Code. It is noteworthy to mention that if approved for the subject property, the parking status for the property will be modified. The property is currently utilized as a single- family residential unit; and, any commercial use will require the provision of parking spaces, including handicapped parking. Improvements to both water and sewer systems may be required by the County; and, provisions for handicap accessibility and fire /life safety for the building will be required as well. This issue has been forwarded to the Building Director for initial review. Thank you. Recommendation: Approval of the use. c: Alex T. Zakharia, M.D., F.A.C.S., F.A.C.C. 6262 Sunset Drive, Suite 401 South Miami, Florida 33143 DR. A ZAKHARIA 3056615791 I j 3 ' A# -KaX T. ZAtSHARIA, M.D. F.A.C.S_ F.A.C.C. T,,ORACtG AND CARPOVASCULAR SVROERY d I 6262 8UNSET DRIVE, SUITE 401 60VTH MIAML FL01110A 33143 ' TELEP1 -0NC IjGS? 661— .5+757 ! FAA 1305) 661 -5799 Janu ry 29, 1998 JW JAN 2 i Diane. Morris, Manager City of South ,Miami. PLANNt aei 6i3o Sunset Drive Sout Miami, Florida 33143 I :RE= 6320 SUNSET DRIVE S. MIAMI, Fl, 33143 a Dear;Ms. Morris: As o rners of 6320 Sunset Drive our desire is to least property for use as an adult care center (7 or more a revi wing the permitted list schedules S. Miami code care center ( 7 or more children). The pse would be from gain to 2pm weekdays only, woulc coun'seling_, tutorial and educational services. No MV services or the like would be performed at any tinge. Since this usage is very similar to the day care cent for ,children we look forward to your early approval ; willinot lose the opportunity to lease the property. l ►t Fa note Thq- j [here Is no additional parking requa the van will bring and return the users. The 3 or 4 employees already have ample parking. The users will comply with all code requirements at Thant you for your prompt attention to this matter. Sinclerely, 1 Alex�T. Zakharia, M.D., F.A.C.S., F.A.C.C. DIPLOMATE, THE AMrRICAN BOARD OF 7Ft4RAGIC AND CARDIOVASCVLAA $LRGERY I X99 �Asil i I � l i allows day.` ' j involve oical I i , r allowed that we ement sine; Il dines. ? i 1 { s I, V PART V ADULT DAY CARE CENTERS 400.55 Purpose. >> 400.551 Definitions. >> 400.552 Applicability. >> 400.553 Exemptions; monitoring of adult day care center programs colocated with assisted living facilities or licensed nursing home facilities. 400.554 License requirement; fee; exemption; display: >> 400.555 Application for license. 400.556 Denial, suspension, revocation of license; administrative fines; investigations and inspections. 400.5565 Administrative fines; interest. >> 400.557 Expiration of license; renewal; conditional license or permit. 400.5571 Patients with Alzheimer's disease or other related disorders; certain disclosures. 400.5575 Disposition of fees and administrative fines. 400.558 Injunctive relief. 400.559 Closing or change of owner or operator of center. 400.56 Right of entry and inspection. >> 400.562 Rules establishing standards. >> 400.563 Construction and renovation; requirements. >> 400.564 Prohibited acts; penalty for violation. Edition 400.55 Purpose. 400.55 Purpose. - -The purpose of this part is to develop, establish, and enforce basic standards for adult day care centers in order to assure that a program of therapeutic social and health activities and services is provided to adults who have functional impairments, in a protective environment that provides as noninstitutional an atmosphere as possible. History. - -s. 1, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 1, 17, ch. 93 -215. Edition 400.551 Definitions. 400.551 Definitions. - -As used in this part, the term: (1) "Adult day care center" or "center" means any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, fora part of a day, basic services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. (2) "Agency means the Agency for Health Care Administration. (3) "Basic services" include, but are not limited to, providing a protective setting that is as noninstitutional as possible; therapeutic programs of social and health activities and services; leisure activities; self -care training; rest; nutritional services; and respite care. (4) "Department" means the Department of Elderly Affairs. (5) "Multiple or repeated violations" means 2 or more violations that present an imminent danger to the health, safety, or welfare of participants or 10 or more violations within a 5 -year period that threaten the health, safety, or welfare of the participants. (6) "Operator" means the person having general administrative charge of an adult day care center. (7) "Owner" means the owner of an adult day care center. (8) "Participant" means a recipient of basic services or of supportive and optional services provided by an adult day care center. (9) "Supportive and optional services" include, but are not limited to, speech, occupational, and physical therapy; direct' transportation; legal consultation; consumer education; and referrals for followup services. History. - -s. 2, ch. 78-336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 2, 17, ch. 93 -215; s. 55, ch. 95 -418. Edition 400.552 Applicability, 400.552 Applicability.- -Any facility that comes within the definition of an adult day care center which is not exempt under s. 400.553 must be licensed' by the agency as an adult day care center. History. - -s. 3, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83- 181; ss. 3, 17, ch. 93 -215. Edition' 400.553 Exemptions; monitoring of adult day care center programs colocated with assisted living facilities or licensed nursing home facilities. 400.553 Exemptions; monitoring of adult day care center programs colocated with assisted living facilities or licensed nursing home facilities.- - (1) The following are exempt from this part: (a) Any facility, institution, or other place that is operated by the Federal Government or any agency thereof. (b) Any freestanding inpatient hospice facility that is licensed by the state and which provides day care services to hospice patients only. I (2) A licensed assisted living facility, a licensed hospital, or a licensed nursing home facility may provide services during the day which include, but are not limited to, social, health, therapeutic, recreational, nutritional, and respite services, to adults who are not residents. Such a facility need not be licensed as an adult day care center; however, the agency must monitor the facility during the regular inspection and at least biennially to ensure adequate space and sufficient staff. If an assisted living facility, a hospital, or a nursing home holds itself out to the public as an adult day care center, it must be licensed as such and meet all standards prescribed by statute and rule. History. - -s. 4, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; s. 6, ch. 88 -235; ss. 4, 17, ch. 93-215; s. 20, ch. 95 -210. Edition 400.554 License requirement; fee; exemption; displace 400.554 License requirement; fee; exemption; display. - (1) If is unlawful to operate an adult day care center without first obtaining from the agency a license authorizing such operation. The agency is responsible for licensing adult day care centers in accordance with this part. (2) Separate licenses are required for centers operated on separate premises, even though operated under the same management. Separate licenses are not required for separate buildings on the same premises. (3) The biennial license fee required of a center shall be determined by the department, but may not exceed $150. (4) County- operated or municipally operated centers applying for licensure under this part are exempt from the payment of license fees. (5) The license for a center shall be displayed in a conspicuous place inside the center. (6) A license is valid only in the possession of the individual, firm, partnership, association, or corporation to which it is issued and is not subject to sale, assignment, or other transfer, voluntary or involuntary, nor is a license valid for any premises other than the premises for which originally issued. History. - -s. 5, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 5, 17, ch. 93 -215. Edition 400.555 Application for license. 400.555 Application for license. -- (1) An application for a license to operate an adult day care center must be made to the agency on forms furnished by the agency and must be accompanied by the appropriate license fee unless the applicant is exempt from payment of the fee as provided in s. 400.554(4). (2) The applicant for licensure must furnish: (a) A description of the physical and mental capabilities and needs of the participants to be served and the availability, frequency, and intensity of basic services and of supportive and optional services to be provided; (b) Satisfactory proof of financial ability to operate and conduct the center in accordance with the requirements of this part, which must include, in the case of an initial application, a 1 -year operating plan and proof of a 3 -month operating reserve fund and (c) Proof of adequate liability insurance coverage. History. - -s. 6, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 6, 17, ch. 93 -215. Edition 400.556 Denial, suspension, revocation of license; administrative fines; investigations and inspections. 400.556 Denial, suspension, revocation of license; administrative fines; investigations and inspections.- - (1) The agency may deny, revoke, or suspend a license under this part or may impose an administrative fine against the owner of an adult day care center or its operator or employee in the manner provided in chapter 120. (2) Each of the following actions by the owner of an adult day care center or by its operator or employee is _a ground for action by the agency against the owner of the center or its operator or employee: (a) An intentional or negligent act materially affecting the health or safety of center participants. (b) A violation of this part or of any standard or rule under this part. (c) A confirmed report of adult abuse, neglect, or exploitation, as defined in s. 415.102; or of child abuse or neglect, as defined in 1 s. 415.503, which report has been upheld following a' hearing held pursuant to chapter 120 or a waiver of such hearing. (d) Failure to follow the criteria and procedures provided under part I of chapter 3 94 relating to the transportation, voluntary admission, and involuntary examination of center participants. (e) Multiple or repeated violations of this part or of any standard or rule adopted under this part: (3) The agency is responsible for all investigations and inspections conducted pursuant to this part. History. - -s. 7, ch. 78- 336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 7, 17, ch. 93 -215; s. 40, ch. 96 -169. 1 Note. - -As amended by s. 43, ch. 95 -228, s. 415.503 does not define the term "confirmed report." Edition 400.5565 Administrative fines; interest 400.5565 Administrative fines; interest. -- (1) - (a) If the agency determines that an adult day care center is not operated in compliance with this part or with rules adopted under this part, the agency, notwithstanding any other administrative action it takes, shall make a reasonable attempt to discuss with the owner each violation and recommended corrective action prior to providing the owner with written notification. The agency may request the submission of a corrective action plan for the center which demonstrates a good faith effort to remedy each violation by a specific date, subject to the " approval of the agency. (b) The owner of a center or its operator or employee found in violation of this part or of rules adopted under this part may be fined by the agency. A fine may not exceed $500 for each violation. In no event, however, may such fines in the aggregate exceed $5;000. (c) The failure to correct a violation by the date set by the agency, or the failure to comply with an approved corrective action plan, is a separate violation for each day such failure continues, unless the agency approves an extension to a specific date. (d) If the owner of a center or its operator or employee appeals an agency action under this section and the fine is upheld, the violator shall pay the fine, plus interest at the legal rate specified in s. 687.01 for each day that the fine remains unpaid after the date set by the agency for payment of the fine. (2) In determining whether to impose a fine and in fixing the amount of any fine, the agency shall consider the following factors: (a) The gravity of the violation, including the probability that death or serious physical or emotional harm to a participant will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated. (b) Actions taken by the owner or operator to correct violations. (c) Any previous violations. (d) The financial benefit to the center of committing or continuing the violation. History. - -ss. 64, 83, ch. 83 -181; ss. 8, 17, ch. 93 -215. Edition 400.557 Expiration of license; renewal;' conditional license` or permit. 400.557 Expiration of license; renewal, conditional license or permit.- - (1) A license issued for the operation of an adult day care center, unless sooner suspended or revoked, expires 2 years after the date of issuance. The agency shall notify a licensee by certified mail, return receipt requested, at least 120 days before the expiration date that license renewal is required to continue operation. At least 90 days prior to the expiration date, an application for renewal must be submitted to the agency. A license shall be renewed, upon the filing of an application on forms furnished by the agency, if the applicant has first met the requirements of this part and of the rules adopted under this part. The applicant must file with the application satisfactory proof of financial ability to operate the center in accordance with the requirements of this part and in accordance with the needs of the participants to be served. (2) A licensee against whom a revocation or suspension proceeding is pending at the time for license renewal may be issued a conditional license effective until final disposition by the agency of the proceeding. If judicial relief is sought from the final disposition, the court having jurisdiction may issue a conditional permit effective for the duration of the judicial proceeding. (3) The agency may issue a conditional license to an applicant for license renewal or change of ownership if the applicant fails to meet all standards and requirements for licensure. A' conditional license issued under this subsection must be limited to a specific period not exceeding 6 months, as determined by the agency, and must be accompanied by an approved plan of correction. History. - -s. 8, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch 83 -181; ss. 9, 17, ch. 93 -215. Edition 400.5571 Patients with Alzheimer's disease or other related disorders; certain disclosures. 400.5571 Patients with Alzheimer's disease or other related disorders; certain disclosures. - -A center licensed under this part which claims that it provides special care for persons who have Alzheimer's disease or other related disorders must disclose in its advertisements or in a separate document those services that distinguish the care as being especially applicable to, or suitable for, such persons. The center must give a copy of all such advertisements or a copy of the document to each person who requests information about the center and must maintain a copy of all such advertisements and documents in its records. The agency shall examine all such advertisements and documents in the center's records as part of the license renewal procedure. History. - -s. 4, ch. 93 -105. Edition 400.5575 Disposition of fees and administrative fines. 400.5575 Disposition of fees and administrative fines. - -Fees and fines received by the agency under this part shall be deposited in the Health Care Trust Fund established pursuant to 1 s. 455.2205. These funds may used to offset the costs of the licensure program, including the costs of conducting background investigations, verifying information submitted, and processing applications. History. - -ss. 65, 83, ch. 83 -181; ss. 10, 17, ch. 93 -215. 1 Note. -- Transferred to s. 408.16 by s. 59, ch. 97 -261. Edition 400.558 Injunctive relief. 400.558 Injunctive relief. -- (1) The agency may institute an action for injunctive relief in a court of competent jurisdiction to: (a) Enforce the provisions of this part or any standard, rule, or order issued or entered into pursuant to this P art; or ' (b) Terminate the operation of an adult day care center for: I 1. Failure to take preventive or corrective measures in accordance with an order of the agency; 2. Failure to abide by a final order of the agency; or 3. Violation of any provision of this part or of any rule or standard adopted pursuant to this F part, which violation constitutes an emergency requiring immediate action. (2) The court may grant temporary or permanent injunctive relief. History. - -s. 9, ch. 78- 336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83-181; ss. 11, 17, ch. 93 -215. Edition 400.559 Closing or change of owner or operator of center. 400.559 Closing or change of owner or operator of center. -- (1) Before operation of an adult day care center may be voluntarily discontinued, the operator must inform the agency in writing at least 60 days prior to the discontinuance of operation. The operator must also, at such time, inform each participant of the fact and the proposed date of such discontinuance. (2) Immediately upon discontinuance of the operation of a center, the owner or operator shall surrender the license for the center to the agency, and the license shall be canceled by the agency. (3) ,If a center has a change of ownership, the new owner shall apply to the agency for a new license at least 60 days before the date of the change of ownership. (4) If a center has a change of operator, the new operator shall notify the agency in writing within 30 days after the change of operator. History. - -s. 10, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 12, 17, ch. 93 -215. Edition 400.56 Right of entry and inspection. 400.56 Right of entry and inspection. - -Any duly designated officer or employee of the agency or department has the right to enter the premises of any adult day care center licensed pursuant to this part, at any reasonable time, in order to determine' the state of compliance with this part and the rules or standards in force pursuant to this part. The right of entry and inspection also extends to any premises that the agency has reason to believe are being operated as a center without a license, but no entry or inspection of any unlicensed premises may be made without the permission of the owner or operator unless a warrant is first obtained from the circuit court authorizing entry or inspection. Any application for a center license or license renewal made pursuant to this part constitutes permission for, and complete acquiescence in any entry or inspection of the premises for which the license is sought in order to facilitate verification of the information submitted on or in connection with the application. History. - -s. 11, ch. 78- 336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 13, 17, ch. 93 =215. Edition 400.562 Rules establishing standards. 400.562 Rules establishing standards.- (1) The Department of Elderly Affairs, in conjunction with the agency, shall adopt rules to implement the provisions of this part. The rules must include reasonable and fair standards. Any conflict between these standards and those that may be set forth in local, county, or municipal ordinances shall be resolved in favor of those having statewide effect. Such standards must relate to: (a) The maintenance of adult day care centers with respect to plumbing, heating, lighting, F - ventilation, and other building conditions, including adequate meeting space, to ensure the I health, safety, and comfort of participants and protection from fire hazard. Such standards may not conflict with chapter '553 and must be based upon the size of the structure and the number of participants. (b) The number and qualifications of all personnel employed by adult day care centers who have responsibilities for the care of participants. (c) All sanitary conditions within adult day care centers and their surroundings, including water supply; sewage disposal, food handling, and general hygiene, and maintenance of sanitary conditions, to ensure the health and comfort of participants. (d) Basic services provided by adult day care centers. "(e) Supportive and optional services provided by adult day care centers. (f) Data and information relative to participants and programs of adult day care centers;' including; but not limited to, the physical and mental capabilities and needs of the participants, the availability, frequency, and intensity of basic services and of supportive and optional services provided, the frequency of participation, the distances traveled by participants, the hours of operation, the number of referrals to other centers or elsewhere, and the incidence of illness. (2) Pursuant to s. 119.07, the agency may charge a fee for furnishing ,a copy of this part, or of the rules adopted under this part, to any person upon request for the copy. (3) Pursuant to rules adopted by the department, the agency may conduct an abbreviated biennial inspection of key quality -of -care standards, in lieu of a full inspection, of a center that has a record of good performance. However, the agency must conduct a full inspection of a' center that has had one or more confirmed complaints within the`licensure period immediately preceding the inspection or which has a serious problem identified during the abbreviated inspection. The agency shall develop the key quality -of -care standards, taking into consideration the comments and recommendations of the Department of Elderly Affairs and of provider groups. These standards shall be included in rules adopted by the Department of Elderly Affairs. History. - -ss. 13, 18, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 14, 17, ch. 93 -215; s. 56, ch. 95 -418. Edition 400.563 Construction and renovation; requirements." 400.563 Construction and renovation; requirements. - -The requirements for the construction and the renovation of a center must comply with the- provisions of chapter 553 which pertain to building construction standards, including plumbing, electrical code, glass, manufactured buildings, accessibility by physically handicapped persons, and the state minimum building codes. History. - -s 14, ch. 78 -336; s. 4, ch. 79 -152; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 15, 17, ch. 93 -215. Edition 400.564 Prohibited acts, for violation 400.564 Prohibited acts; penalty for violation. -- (1) r_ , (a) It is unlawful for any person or public body to offer or advertise to the public, in any way, by any medium whatever, adult day care center basic services without having a license under this part. (b) It is unlawful for any holder of a license issued under this part to advertise or hold out to the public that it holds a license for an adult day care center other than the one for which it actually holds a license. (2) Any person that violates paragraph (1)(a) or paragraph (1)(b) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083. Each day of continuing violation is considered a separate offense: History. - -s. 15, ch. 78 -336; s. 2, ch. 81- 318; ss. 79, 83, ch. 83 -181; ss. 16, 17, ch. 93 -215. .ZA < MAYOR: Anna M. Price, Ph.D. INTERIM CITY MANAGER: Diana Morris VICE MAYOR: Julio Robaina CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Armando Oliveros, Jr. CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: R. Paul Young, Ed.D. CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: February 3, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: February 17, 1998 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. Invocation: B. ',Pledge of Allegiance: C. Presentation(s): ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Regular City Commission Minutes- January 20, 1998 2. City Manager's Report: 3. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - February 3, 1998 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AFFIRMING A COMMITMENT TO SUPPORT EDUCATION THROUGH- THE AFTER SCHOOL HOUSE. BY USAGE OF THE SYLVA MARTIN BUILDING FOR ADDED TUTORING SPACE AND HOURS. (Administration /Parks & Rec.) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $3,913..37 FOR PURCHASE OF ITEMS NEEDED TO CONNECT PARKS AND RECREATION DEPARTMENT TO THE COMPUTER NETWORK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100 -519- 6430, OPERATING EQUIPMENT. (Administration /Parks & Rec.) 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 AN AGREEMENT WITH MBL PAVING CORP. FOR CITY WIDE STREET RESURFACING AT A COST NOT TO EXCEED $50,000.00 FOR THE CURRENT FISCAL YEAR AND CHARGING THE DISBURSEMENT TO LOCAL OPTION GAS TAX 'FUND NO. 12- 1730 - 541 -4640, "MAINTENANCE AND REPAIRS STREETS AND PARKWAYS ". (Administration /Public Works) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING(S) 7. 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 REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. (1 8t Reading - 12/16/97 tabled from 1/20/98) (Vice Mayor Robaina) 3/6 RESOLUTION (S) REGULAR CITY COMMISSION 2 AGENDA - February 3, 1998 I I A DECISION OF THE ENVIRONMENTAL REVIEW & PRESERVATION BOARD REGARDING ROADWAY CONFIGURATION AT THE PLANNED UNIT DEVELOPMENT WHICH IS LOCATED AT 8510 SW 57 AVENUE PURSUANT TO SECTION 20- 6.2(A) OF THE LAND DEVELOPMENT CODE; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF A SIMILAR USE, PURSUANT TO SECTION 20- 3.3 ©(5) OF THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S RECOMMENDATION THAT THE "ADULT DAY CARE CENTER' USE BE CLASSIFIED AS A USE THAT IS SIMILAR TO THE PERMITTED USE "DAY CARE CENTER (7 OR MORE CHILDREN)" ONLY; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration) 3/5 ORDINANCE (S) FIRST READING There are none PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 3 AGENDA - February 3, 1998 P I I ::.:........ .. .... ... .:.:.. City of South Miami Inter- Office Memorandum ------------------------------------------------=------------------------------------------------------------------ TO: Mayor & Commission DATE: January 28, 1998 FROM: Diana. Morris SUBJECT: Agenda # Interim City Manager CommissiAMeet February 3, 1998 Expanding The After School House With Usage of the Sylva Martin Building ------------------------------------------------------------------------------------------------------------------- The attached resolution seeks approval for use of the Sylva Martin Building as additional space for the After School House Program. Proposed usage would be between the hours of : 4:00 - 5:00 p.m. and 5:00 - 6:00 p.m. These sessions would be staffed by volunteers which would be supervised by Ms. Daisy Harrell, Director, of the After School House. I recommend approval. c: \%?dm\ use .diamexpmdmgafemhoolhouse98 ] f l RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, AFFIRMING A COMMITMENT TO 4 SUPPORT EDUCATION THROUGH THE AFTER SCHOOL HOUSE BY USAGE 5 OF THE SYLVA MARTIN BUILDING FOR ADDED TUTORING SPACE AND 6 HOURS. 7 WHEREAS, the City of South Miami's Parks and Recreation 8 Department strives to provide educational opportunities through 9 tutoring assistance for all residents through the After School 10 House; and, 11 WHEREAS, the After School House has met their capacity in 12 their established building; and, 13 WHEREAS, the Sylva Martin Building is located in a central 14 area for all residents; and, 15 WHEREAS, the building has a capacity of 121 persons, and is 16 not frequently used on the proposed days; and 17 WHEREAS, the Parks & Recreation Department would recommend the 18 After School House to utilize the building so that, more children 19 can be tutored; and, 20 WHEREAS, usage for two sessions of 15 children (per session) 21 with adequate staff and volunteers, is possible; and, 22 WHEREAS, the purpose of the Parks & Recreation Department is 23 not only to offer recreational programs, but also to provide and /or 24 assist the After School House with their continuous efforts in the 25 educational development of the youth in our community. 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 27 OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 Section 1. The Mayor and City Commission of the City of 29 South Miami, Florida hereby affirm our commitment to support the 30 Parks & Recreation Department to assist the After School House with 31 expanding the area of tutoring by providing the use of the Sylva 32 Martin Building. 33 Section 2. The Sylva Martin Building would be used during 34 the time of 4:00 5:00 p.m. and 5:00- 6:00 p.m. for tutoring a 35 total of 15 children per session, totalling 30 children Monday - 36 Thursday with adequate volunteers 4 37. Page 2 38 Section 3. This resolution shall take effect 39 immediately upon approval. 40 PASSED AND ADOPTED this day of February, 1998. 41 ATTEST: 42 43 CITY CLERK 44 READ AND APPROVED AS TO FORM: 45 46 CITY ATTORNEY APPROVED: MAYOR CITY OF SOUTH MIAMI To: Mayor and City Commissioners Date: January 30, 1998 From: Diana Morris Re: Resolution Purchase of computer ,fin City AP items for Parks & Recreation Department in order to connect to the computer network The attached resolution seeks approval for the purchase of computer hardware, software and installation needed to connect the Parks & Recreation Department to the City's computer network. Dell and Wareforce have the State Florida contracts, which eliminated a need for additional quotes. LAN Pro is the network cabling installer which installed all the 'cables for the City's network. In addition, these providers have been found having the lowest prices in both the current and previous purchases. I recommend that this resolution be placed on the February 3, 1998 Commission Meeting agenda. Thank you. i RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 4 DISBURSE THE SUM OF $3,913.37 FOR PURCHASE OF ITEMS NEEDED TO 5 CONNECT PARKS AND RECREATION DEPARTMENT TO THE COMPUTER 6 NETWORK, AND CHARGING THE DISBURSEMENT TO ACCOUNT 7 NUMBER 2100 -519 -6430, OPERATING EQUIPMENT. 8 WHEREAS, it has been scheduled by the computer network plan to connect the Parks & 9 Recreation Department to the computer network; and 10 WHEREAS, the purchase of the needed hardware and software components has been 11 approved in the Budget 1997 -98; and; 12 WHEREAS, Dell Marketing L.P. is a provider under the Florida State Contract 250 -040- 13 96 -1 and Wareforce, Inc. is a provider under Florida State Contract 252- 001 -97 -1, and LAN Pro is 14 a contractor already involved in the computer network cabling project. 15 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 16 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 17 Section 1. The City Manager be, and is hereby authorized to disburse the sum of $3,913.37 18 in order to connect the Parks & Recreation Department to the computer network, as follows: 19 (a) $3,103.00 to Dell Marketing L.P. for two Dell P5MMX200 /GN +/L computers; 20 (b) $435.37 to Wareforce, Inc. for one Epson Stylus 800 Inkjet printer and one copy of the 21 Microsoft Publisher 97 and PC- cillin software; and 22 (c) $375.00 to LAN Pro for 3 network connections in the Parks & Recreation office. 23 Section 2. The disbursement shall be charged to Account Number 2100 -519 -6430, 24 Operating Equipment. 25 Section 3. This resolution shall take effect immediately upon approval 26 PASSED AND ADOPTED this day of 1998 27 APPROVED: 28 29 ATTEST: MAYOR 30 31 CITY CLERK 32 READ AND APPROVED AS TO FORM 33 34 CITY ATTORNEY 'r 61/Z5/98 80:29:23 DELLFAX 1 -2 -> 1 385 663 8457 DELL COMPUTER CORP Page 801 D"L FAX DATE: January 26 1998 TO: SLAVEN KOBOLA COMPANY: PHONE #:(000) 000 -0000 EXT FAX #: (305) 663 -0457 FROM: TRENT HUFtN - - - - - COMPANY:DELL MARKETING L.P. PHONE #:(800) 981 -3355 EXT 68391 FAX #: (800) 433 -9527 PLEASE CALL WITH ANY QUESTIONS. THANKS, TRENT -- - - - - -- - - - - -- DELL ,MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX ,81/26/99 00 :29:45 DELLFAX 1 -2 -> 1 305 663 0457 DELL COMPUTER CARP Page 082 M"L QUOTATION SLAVEN KOBOLA January 26 1998 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 220 -0363 1 Dell P5MMX200 /GN +/L Base, With 1,351.00 1,351.00 2MB Video Memory, Integrated 512KB Cache, Network Model 310 -0018 1 Logitec System Mouse 310 -1234 1 WIN95 Spacesaver Quiet Key, 104 Key Keyboard, Factory Installed 311 -0226 1 32MB RAM, 1 DIMMS, EDO, Factory Installed 320 -5418 1 Dell 80OLS, Model. #D828L,.with 13.7" Viewable Image Size, Color Monitor 340 -0424 1 4.3GB,'EIDE, GNL, Factory Installed 340 -0652 1 3.5 1.44MB Floppy Drive, Factory Install Factory 'Install 420 -0118 1 English Win95 For Optiplex Systems With CD Backup Media 430 -0107 1 Passive Expansion Riser for GXaL /GnL (EM) Systems, 1 PCI /1 Shared /1 ISA, Wake up on Lan, Factory Install 900 -1900 1 SelectCare, Initial Year, Next .00 .00 Business Day On -Site Service 'Contract;- -BSC* - - - - - For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide TRENT FiURN you with faster service when you are ready to place your order. Quote #: 15903494 Prices and tax rates are subject to change. Business and Personal Leasing provided by Dell Financial Services, an Independent entity. Customer #: Leasing Documentation Fee $55 - - - - - - DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX R"c ,01/26/,90 00:30:21 DELLFAX 1 -2 -> 1 385 663 8457 DELL COMPUTER CORP Page 803 00"L QUOTATION SLAVEN KOBOLA January 26 1998 SKU # QTY DESCRIPTION UNIT EXTENDED PRICE PRICE 900 -5112 1 Next Business Day, Parts .00 .00 Delivery Service, Years 2 & 3 Included This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell standard terms of sale. SUB TOTAL 1,351.00 TAX .00 SHIPPING & HANDLING .00 OTHER .00 Thank you for calling Dell TOTAL $1,351.00 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you with faster service when you are ready to place your order. TRENT HURN Prices and tax rates are subject to change. Quote #: 15903494 Business and Personal Leasing provided by Dell Financial Services, an independent entity. Customer #: Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800)! 433 -9527 SALES REP FAX R,,c D"L FAX DATE: January 29 1998 TO: SLAVEN KOBOLA COMPANY: PHONE #:(000) 000 -0000 EXT FAX #: (305) 663 -0457 FROM: TRENT HURN - -- - - - - - -- -- COMPANY:DELL MARKETING L.P. PHONE #:(800) 981 -3355 EXT 68391 FAX #: (800) 433 -9527 PLEASE CALL WITH'ANY QUESTIONS. THANKS, TRENT DELL (800) MARKETING 981 -3355 L.P. EXT 68391 ONE DELL WAY, ROUND ROCK, TX 78682 (800) 433 -9527 SALES REP FAX ,01 /29/,98 09:55 :58 DELLFAX 1 -5 -> 1 305 663 8457 DELL COMPUTER CORP Page 002 QUOTATION SLAVEN KOBOLA January 29 1998 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 220 -0363 1 Dell P5MMX200 /GN +/L Base, With 1,752.00 1;752.00 2MB Video Memory, Integrated 512KB Cache, Network Model 310 -0018 1 Logitec System Mouse 310 -1234 1 WIN95 Spacesaver Quiet Key, 104 Key Keyboard, Factory Installed 311 -0226 1 32MB RAM, 1 DIMMS, EDO, Factory Installed 313 -0229 1 12 -24x CD- ROM,IDE, Factory Installed 313 -0520 1 USR Telephony 33.6/56K Internal Modem Factory Install 320 -5411 1 Dell 1000LS -Color Monitor, Model #D1028L, with 15.9" Viewable Image Size, Shipped with system 340 -0424 1 4.3GB, EIDE GNL, Factory Installed 340 -0652 1 3.5 1.44MB,Floppy Drive, Factory Install Factory Install 420 -0118 1 English Win95 For Optiplex Systems With CD Backup Media For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide TRENT HURN you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 15991173 Business and Personal Leasing provided by Dell Financial Services, an Independent entity. Customer #: Leasing Dmumentadon Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX msv-c 181129498 89:56:34 DELLFAX 1 -5 -> 1 385 663 8457 DELL COMPUTER CORP Page 003 UWLL QUOTAXION SLAVEN KOBOLA January 29 1998 UNIT EXTENDED SKU # QTY DESCRIPTION PRICE PRICE 430 -0107 1 Passive Expansion Riser for GXaL /GnL (EM) Systems, 1 PCI /1 Shared /1 ISA, Wake up on Lan, .Factory Install 900-1900 1 SelectCare, Initial Year, Next .00 .00 Business Day On -Site Service Contract, BSC* 900 -5112 1 Next Business Day, Parts .00 ,00 Delivery Service, Years 2 & 3 'Included This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell standard terms of sale. SUB TOTAL TAX SHIPPING & HANDLING OTHER Thank you for calling Dell TOTAL 1,752.00 .00 .00 .00 $1,752.00 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide TRENT HURN you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 15991173 CStOmer # Business and Personal Leasing provided by Dell Financial Services, an lndemndent entity. customer Leasing D=FnentdonFee $55" DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX RBVc WAREFORGE, INC. 236' ROSECRANS AVE EL SEGUND0. CA 90245 *FAX COVER SHEET FROM: NICOLE PADILLA PHONE NUMBER: 310-725-5172,1-800-777-9309 x5172 FAX MEMBER: 310-725-5588,1-800-392-5727 E—MAIL: NPAD1LLA(gW REFORCE_GOM TO ' , Q/ FAX NUMBER:-~ TOTAL NUMBER OM PAGES.: (INCLUDING COVER SHEEi•i CAM Vo ONZ PAblilheC --lRA �p I idw'Z 't OP&) CAP W . � off . CAP HARDWARE & SOFTWAR 'E' RESELLER PROVIDERS OF, TOSHIBA, COWIPAQ, HEWLETT- PACKARD) INTEL, 3 CCCo, IBrtri, EPSON, SONY, NEC ADOBES MICROSOFT PRESS, COREL, ICMEGA, ACROMED(A, SEAGATE, AND MORE Nil-ill Our "ere") Silt; iii tVti° w. V,?: il' L'. i( 1:' CC. CC1937/Cl1(;iZLS #SLt1flD.j1 {i71 10'd St?:TT 86, 8Z use _ -- $8SS —S Z- OT£:xe� '3NI 33d03MbM ..._�� -.ter_ ._,..� -.-... ... r.. ............ ....,- .,..;•. ....•...; w�a_ rr :.��.:..>:r......•Nnwti•nr,wow. rnww..•...... OR a w r Z. m o CL co n E! ip 13 ?..... p Z j G a TR C3 x .4 m O w ~ m � i rn CD M 1_ 1 ° m 74 s To 3 ll y M ch 2 �IT tj 40 0 So rt� O C N A O b► dc b ca d 0 0 o 4w 41k. 4w m p a. o es $ ,4,•. it w a m m Sm - w n• N_ G1 V zo'd s:ii 86. sz uPE sass- szz- oi�:X�� •aNz 338oJdm January 29, 1998 2:40 PM From: Ian Pro Inc. Fax #: 954 -963 -1643 Page 1 'of 2 Fax Coversh. eet Date: Thursday, January 29, 1998 Time: 2:40 PM To: Slaven Company City of S Miami Fax Phone #: +1 (305) 663 -0457 From: Lan Pro Inc Subject: Cable Quote Total # of Pages (including cover): 2 Memo: January 29, 1998 2:40 PM From: Ian Pro Inc. Fax #: 954 -963 -1643 Page 2 of 2 Invoice To: City of South Miami Attn: Slaven Quote Date 1129198 Item QTY DESCRIPTION Unit Extended 1 3 Install CAT -5 Cable $ 125.00 $ 375.00 Sub Total $ 375.00 Tax $ - Total $ 375.00 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: February 3, 1998 FROM: Diana Morris SUBJECT: Interim City Manager Agenda Item # 6— Commission Meeting, February 3, 1998 STREET RESURFACING (PAVING) CONTRACT The attached resolution seeks authorization to enter into a road resurfacing contract with MBL Paving Corp. for the remainder of the 1997 -98 fiscal year. Expenditures associated with this contract are not to exceed $50,000.00. Public Works' annual resurfacing program will be under way within a month, and requires the services of a responsive and experienced contractor. Approximately 12 city blocks and certain parking lots will be resurfaced during the fiscal year. Some of these locations will be paved in conjunction with stormwater drainage installations. MBL Paving Corp. is a local, minority owned firm with substantial experience in asphalt paving and markings work for various government's and agencies, including the Miami - Dade Water and Sewer Department. Presently, the,contractor does work for BellSouth's north and south districts. MBL is certified as a Disadvantaged Business Enterprise. The Commission approved the execution of a thermoplastics striping contract with MBL on December 16, 1997. The terms and fee structure applicable in the BellSouth contract provides the City of South Miami the benefit of competitive rates, coupled with service from an experienced paving contractor. Based on the above, it is recommended that the City Commission authorize the execution of the roadway paving contract. Attachments 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MBL PAVING CORP. FOR CITY WIDE STREET RESURFACING AT A COST NOT TO EXCEED $50,000.00 FOR THE CURRENT FISCAL YEAR AND CHARGING THE DISBURSEMENT ` TO LOCAL OPTION GAS TAX FUND NO. 12 -1730- 541 -4640, "MAINTENANCE AND REPAIRS - STREETS AND PARKWAYS WHEREAS, periodic roadway resurfacing of throughout the City is imperative to maximize traffic safety, promote adequate stormwater drainage, and maintain the aesthetics of roadways, and; WHEREAS, roadway resurfacing demand is mostly driven by the condition of the existing asphalt, but is also, affected by traffic volume and stormwater accumulation characteristics, and; WHEREAS, the Public Works Department has scheduled close to one mile of street resurfacing for this fiscal year, as well as several drainage installations across the city which also require repaving, and; WHEREAS, the Public Works Department has identified a qualified and reputable. roadway resurfacing and markings contractor which is presently on contract with Bell South, Inc., and has experience as a subcontractor for South Florida municipalities through the competitive bid process. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and is hereby authorized to enter into an agreement with MBL Paving Corp. for road resurfacing on a city wide basis. Section 2. The agreement's terms and fee structure will be similar to that of BellSouth South District contract number MFS -007. 43 44 45 46 Section 3. The total amount to be spent on the above referenced 47 contract will not exceed $50,000.00 during the fiscal year 1997 -98, and 48 will be paid from account # 12- 1730 -6460, Local Option Gas Tax 49 Fund, "Infrastructure Projects." 50 51 Section 4. This resolution shall be effective immediately and upon 52 adoption hereof. 53 54 PASSED AND ADOPTED this Yd day of February, 1998. 55 56 57 ATTEST: APPROVED: 58 59 60 CITY CLERK MAYOR 61 62 63 READ AND APPROVED AS TO FORM 64 65 66 CITY ATTORNEY 67 11 q , MAYOR: Anna M. Price, Ph.D. INTERIM (TTY MANAGER: Diana Morris VICE MAYOR: Julio Robaina CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Armando Oliveros, Jr. CM CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: R. Paul Young, Ed.D. CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: February 3, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: February 17, 1998 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 reannerated representative capacity before the City Staff, Boards, Comaittees 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. Invocation: B. Pledge of Allegiance: C. Presentation(s): ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Regular City Commission Minutes - January 20, 1998 2. City Manager's Report: 3. City Attorney's Report: REGULAR CITY COMMISSION AGENDA - February 3, 1998 1 9 CONSENT AGENDA 4. - A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AFFIRMING A COMMITMENT TO SUPPORT EDUCATION THROUGH THE AFTER SCHOOL HOUSE_ BY USAGE OF THE SYLVA MARTIN BUILDING FOR ADDED TUTORING SPACE AND HOURS. (Administration /Parks & Rec.) 3/5 5. A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF '$3,913.37 FOR PURCHASE OF ITEMS NEEDED TO CONNECT PARKS AND RECREATION DEPARTMENT TO THE COMPUTER NETWORK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2i00- 519 -6430, OPERATING EQUIPMENT. (Administration /Parks & Rec.) 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 AN AGREEMENT WITH MBL PAVING CORP. FOR CITY WIDE 'STREET RESURFACING AT A COST NOT TO EXCEED $50,000.00 FOR THE _CURRENT FISCAL YEAR AND CHARGING THE DISBURSEMENT TO LOCAL OPTION GAS TAX FUND NO. 12 -1730- 541 - 4640, "MAINTENANCE AND REPAIRS STREETS AND PARKWAYS ". (Administration /Public Works) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING(S) 7. 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 REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE -DATE. (lot Reading - 12/16/97 — tabled from 1/20/98) (Vice Mayor Robaina) 3/6 RESOLUTION (S) REGULAR CITY COMMISSION 2 AGENDA - February 3, 1998' ! e A DECISION OF THE ENVIRONMENTAL REVIEW & PRESERVATION BOARD REGARDING ROADWAY CONFIGURATION AT THE PLANNED UNIT DEVELOPMENT WHICH IS LOCATED AT 8510 SW 57 AVENUE PURSUANT TO SECTION 20- 6.2(A) OF THE LAND DEVELOPMENT CODE; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 9 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL OF A SIMILAR 'USE, PURSUANT TO SECTION 20- 3.3 © (5) OF THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S RECOMMENDATION THAT THE "ADULT DAY CARE CENTER" USE BE CLASSIFIED AS A USE THAT IS SIMILAR TO THE PERMITTED USE "DAY CARE CENTER (7 OR MORE CHILDREN)" ONLY; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration) 3/5 ORDINANCE (S) FIRST READING There are none PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 3 AGENDA - February 3. 1998 City of South Miami Inter - Office Memorandum TO: Mayor & Commission DATE: January 28, 1998 "i,5& -� FROM: Diana Morns SUBJECT: Agenda # Interim City Manager Commission Meeting February 3, 1998 Expanding The After School House With Usage of the Sylva Martin Building ------------------------------------------------------------------------------------------------------------- - - - - -- The attached resolution seeks approval for use of the Sylva Martin Building as additional space for the After School House Program. Proposed usage would be between the hours of : 4:00 - 5 :00 p.m. and 5:00 - 6:00 p.m. These sessions would be staffed by volunteers which would be supervised by Ms. Daisy Harrell, Director, of the After School House. I recommend approval. c: \wpdocs\ use .dianaexpandingafemhcolhouse98 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, AFFIRMING A COMMITMENT TO 4 SUPPORT EDUCATION THROUGH THE AFTER SCHOOL HOUSE BY USAGE 5 OF THE SYLVA MARTIN BUILDING FOR ADDED TUTORING SPACE AND 6 HOURS. 7 WHEREAS, the City of South Miami's Parks and Recreation 8 Department strives to provide educational opportunities through 9 tutoring assistance for all residents through the After School 10 House; and, 11 WHEREAS, the After School House has met their capacity in 12 their established building; and, 13 WHEREAS, the Sylva Martin Building is located in a central 14 area for all residents; and, 15 WHEREAS, the building has a capacity of 121 persons, and is 16 not frequently used on the proposed days; and 17 WHEREAS, the Parks & Recreation Department would recommend the 18 After School House to utilize the building so that, more children 19 can be tutored; and, 20 WHEREAS, usage for two sessions of 15 children (per session) 21 with adequate staff and volunteers, is possible; and, 22 WHEREAS, the purpose of the Parks & Recreation Department is 23 not only to offer recreational programs, but also to provide and /or 24 assist the After School House with their continuous efforts in the 25 educational development of the youth in our community. 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 27 OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 Section 1. The Mayor and City Commission of the City of 29 South Miami, Florida hereby affirm our commitment to support the 30 Parks & Recreation Department to assist the After School House with 31 expanding the area of tutoring by providing the use of the Sylva 32 Martin Building. 33 Section 2. The Sylva Martin Building would be used during 34 the time of 4 :00 5:00 p.m. and 5:00 6:00 p.m. for tutoring a 35 total of 15 children per session, totalling 30 children Monday - 36 Thursday with adequate volunteers. 4 37 Page 2 38 Section 3. This resolution shall take effect 39 immediately upon approval. 40 PASSED AND ADOPTED this day of February, 1998. 41 ATTEST: APPROVED: 42 43 CITY CLERK MAYOR 44 READ AND APPROVED AS TO FORM: 45 46 CITY ATTORNEY CITY OF SOUTH MIAMI To: Mayor and City Commissioners Date: January 30,'1998 From: Diana Dorris Re: Resolution - Purchase of computer City ;�r items for Parks & Recreation Department in order to connect to the computer network The attached resolution seeks approval for the purchase of computer hardware, software and installation needed to connect the Parks & Recreation Department to the City's computer network. Dell and Wareforce have the State Florida contracts, which eliminated a need for additional quotes. LAN Pro is the network cabling installer which installed all the cables for the City's network. In addition, these providers have been found having the lowest prices in both the current and previous purchases. t I recommend that this resolution be placed on the February 3, 1998 Commission Meeting agenda. Thank you. I RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 4 DISBURSE THE SUM OF $3,913.37 FOR PURCHASE OF ITEMS NEEDED TO 5 CONNECT PARKS AND RECREATION DEPARTMENT TO THE COMPUTER 6 NETWORK, AND CHARGING THE DISBURSEMENT TO ACCOUNT 7 NUMBER 2100 -519- 6430, OPERATING EQUIPMENT. 8 WHEREAS, it has been scheduled by the computer network plan to connect the Parks & 9 Recreation Department to the computer network; and 10 WHEREAS, the purchase of the needed hardware and software components has been 11 approved in the Budget 1997 -98; and; 12 WHEREAS, Dell Marketing L.P. is a provider under the Florida State Contract 250 -040- 13 96 -1 and Wareforce, Inc. is a provider under Florida State Contract 252 - 001 -97 -1, and LAN Pro is 14 a contractor already involved in the computer network cabling project. 15 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 16 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 17 Section 1. The City Manager be, and is hereby authorized to disburse the sum of $3,913.37 18 in order to connect the Parks & Recreation Department to the computer network, as follows: 19 (a) $3,103.00 to Dell Marketing L.P. for two Dell P5MMX200 /GN +/L computers; 20 (b) $435.37 to Wareforce, Inc. for one Epson Stylus 800 Inkjet printer and one copy of the 21 Microsoft Publisher 97 and PC- cillin software; and 22 (c) $375.00 to LAN Pro for 3 network connections in the Parks & Recreation office. 23 Section 2. The disbursement shall be charged to Account Number 2100 -519 -6430, 24 Operating Equipment. 25 Section 3. This resolution shall take effect immediately upon approval. 26 PASSED AND ADOPTED this 27 28 29 ATTEST: 30 31 CITY CLERK 32 READ AND APPROVED AS TO FORM 33 34 CITY ATTORNEY _ day of APPROVED: MAYOR 1998 -01/26 98 00 :29 :23 DELLFB 1 -2 -> 1 385 663 8457 DELL COMPUTER CORP Page 081 D" L FAX DATE: January 26 1998 TO: SLAVEN KOBOLA COMPANY: PHONE #:(000) 000 -0000 EXT FAX #: (305) 663 -0457 FROM: TRENT HURN - - - - COMPANY:DELL MARKETING L.P. PHONE #;(800) 981 -3355 EXT 68391 FAX #: (800) 433 -9527 PLEASE CALL WITH ANY QUESTIONS. THANKS, TRENT -- - - - - -- - - - -- 1 I DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981-3355 EXT 68391 (800) 433 -9527 SALES REP FAX Ml I _r T - -01/26/90 88:29:45 DELLFAX 1 -2 -> 1 305 663 8457 DELL COMPUTER CORP Page 002 OW"L QUOTATION SLAVEN KOBOLA January 26 1998 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 220 -0363 1 Dell P5MMX200 /GN +/L Base, With 1,351.00 1,351.00 2MB Video Memory, Integrated 512KB Cache, Network Model 310 -0018 1 Logitec System Mouse 310 -1234 1 WIN95 Spacesaver Quiet Key, 104 Key Keyboard, Factory Installed' 311 -0226 1 32MB RAM, 1 DIMMS, EDO, Factory Installed 320 -5418 1 Dell 800LS, Model. #D828L,.with 13.7" Viewable Image Size, Color Monitor 340 -0424 1 4.3GB, EIDE, GNL, Factory Installed 340 -0652 1 3.5 1.44MB Floppy Drive, Factory Install Factory Install 420 -0118 1 English Win95 For Optiplex Systems With CD Backup Media 430 -0107 1 Passive Expansion Riser for GXaL /GnL (EM) Systems, 1 PCI /1 Shared /1 I'SA, Wake up on Lan, Factory Install 900 -1900 1 SelectCare Initial Year, Next .00 .00 Business Day On -Site Service Contract;- -BSC* -- For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide TRENT HLJRN you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 159034 94 Business and Personal Leasing provided by Dell Financial SarAoss, an Independent entity. Customer #: Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX Svc so* 81/26/98 80:30:21 DELLFAX 1 -2 -> 1 385 663 8457 DELL COMPUTER CORP Page 883 D"L QUOTATION SLAVEN KOBOLA January 26 1998 SKU # IQTYI DESCRIPTION -1 PRIICE EXTENDED 900 -5112 1 Next Business Day, Parts Delivery Service, Years 2 & 3 Included This quote is subject to the terms of the agreement signed, by you and Dell, or absent such agreement, is subject to the applicable Dell standard terms of sale. M INK SUB TOTAL 1,351.00 TAX .00 SHIPPING & HANDLING .00 OTHER .00 Thank you for calling Dell TOTAL $1,351.00 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide TRENT HORN you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 15903494 Business and Personal Leasing provided by Dell Financial Salvoes, an indepandententity. Customer #: Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX IIsvc rolo <01/Z9/•98 89:55:37 DELLFAX 1 -5 -> 1 385 663 8457 DELL COMPUTER CORP Page 881 FAX DATE: January 29 1998 TO: SLAVEN KOBOLA COMPANY: PHONE #:(000) 000 -0000 EXT FAX #: (305) 663 -0457 FROM. TRENT COMPANY:DELL ; PHONE #:(800) FAX #: (800) PLEASE CAL THANKS, TRENT HORN MARKETING L. P. 981 -3355 EXT 68391 433 -9527 L WITH ANY QUESTIONS. DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SAKES REP FAX 81129=98 89:55:58 DELLFAX 1 -5 -> 1 385 663 8457 DELL COMPUTER CORP Page 882 0"L QUOTATION SLAVEN KOBOLA January 29 1998 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 220 -0363 1 Dell P5MMK200 /GN +/L Base, With 1,752.00 1;752.00 2MB Video Memory, Integrated 512KB Cache, Network Model 310 -0018 1 Logitec System Mouse 310 -1234 1 WIN95 Spacesaver Quiet Key, 104 Key Keyboard, Factory Installed 311 -0226 1 32MB RAM, _1 DIMMS, EDO, Factory Installed 313 -0229 1 12 -24x CD- RAM,IDE, Factory Installed 313 -0520 1 USR Telephony 33.6/56K Internal 'Modem Factory Install 320 -5411 1 Dell 1000LS Color Monitor, Model #D1028L, with 15.9" Viewable Image Size, Shipped with system 340 -0424 1 4.3GB, EIDE, GNL, Factory Installed 340 -0652 1 3.5 1.44MB Floppy Drive, Factory Install Factory Install 420 -0118 1 English Win95',For Optiplex Systems With CD Backup Media For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide TRENT HURN you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 15991173 Business and Personal Leasing provided by Dell Financial Services, an Independent entity. Customer #: Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX R,,c - 01/29/90 09:56:34 DELLFAX 1 -5 -> 1 385 663 0457 DELL COMPUTER CORP Page 083 L QUOTATION SLAVEN KOBOLA January 29 1998 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 430 -0107 1 Passive Expansion Riser for GXaL /GnL (EM) Systems, 1 PCI /1 Shared /1 ISA, Wake up on Lan, Factory Install 900 -1900 1 SelectCare, Initial Year, Next .00 .00 Business Day On -Site Service Contract, BSC* 900 -5112 1 Next Business 'Day, Parts .00 .00 Delivery Service, Years 2 & 3 Included This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell standard terms of sale. SUB TOTAL 1,752.00 TAX .00 SHIPPING & HAr:DLING .00 OTHER .00 Thank you for calling Dell TOTAL $1,752.00 For your convenience,: we have listed your sales representative Sales Representative: your quote number and your customer number which will provide TRENT HORN you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 15991173 Customer # ' Business and Personal Leasing provided by Dell Finandal Services, an Independent entity. Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 68391 (800) 433 -9527 SALES REP FAX WAREFORCE, INC- 2361 ROSECRANS AVE EL SEGUNDO, CA 90245 *FAX COVER SHEET FROM: NICOLE PADfLLA PHONE NUMBER: 310- 725 -5172, I- WO -777 9309 x5172 FAX NUMBER 310-725-558,8,1-800-392-5727 FE-MAIL: NPADILL gWAREFVRcF_c4M To: FA)(f4UmS ,ER: TOTAL NUMBER OF PAGES: 014Ci1.IDING COVER SHEET) CAM 1 qoK ONZ flihi, QUA-V Q C HARDWARE & SOFTWARE RESELLER PROVIDERS OF TOSHIBA, COMPAQ, HE LETT- PACKARD, INTEL, 3 +COK iBrvl, EPSON, SONY, NEC. ADOBE, €CROSOFT PRESS1 COREL, IO EGA, ACROMEDIA, SEAGATE, AND MORE 1 I�tj {}�]1' l� +C:l� S]li.::ii 11•+ l3° 1�+.\ i': �1I" L:1 C) rcc .co��lc�i�,zt5lstc� {��.iii��t T4'd Sb:T 86, 8Z UP - - -� 88SS- SZZ- OTi :xR3 '3NI 331033 bTq . ... ... .�.� � .. - �.......�.. ...� � - w f.. ... .. �° .N� �/• f.•: i.' �Jn}• J' Yww +�.NYLl�Y11AiM.rN"..1lMRr.wr. w. Z. a w m o 2 rn m M f:? � �• g c °' -� r P. in r -n m tin rn ca Pa th M � i - a to ca To 0 o w m ar ao m nr w ; in in $ 49. 1w w w R-Pii ? m � cN� -116 O1 y w r N ii ZO wd Sb T I 86, 8Z ue f 88SS- SZ&Ol9: xp3 'ONI 308MMIUM January 29, 1998 2:40 PM From: Ian Pro Inc. Fax #: 954 -963 -1643 Page 1 'of 2 Date: Thursday, January 29, 1998 Time: 2:40 PM To: Slaven Company City of S Miami Fax Phone #: +1 (305) 663 -0457 From: Lan Pro Inc Subject: Cable Quote Total # of Pages (including cover): 2 Memo: If all pages were not received, please call back immediately: Invoice To: LAN City of South Miami Attn: Slaven PRO Quote Date 1129198 Item I QTY DESCRIPTION Unit Extended 1 3 Install CAT -5 Cable $ 125.00 $ 375.00 Sub Total $ 375.00 Tax $ - Total $ 375.00 l ! TO: FROM: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Mayor and Commission DAT Diana Morris SUBJECT: Interim City Manager E: February 3, 1998 Agenda Item # Commission Meeting, February 3, 1998 STREET RESURFACING (PAVING) CONTRACT The attached resolution seeks authorization to enter into a road resurfacing contract with MBL Paving Corp. for the remainder of the 1997 -98 fiscal year. Expenditures associated with this contract are not to exceed $50,000.00. Public Works' annual resurfacing program will be under way within a month, and requires the services of a responsive and experienced contractor. Approximately 12 city blocks and certain parking lots will be resurfaced during the fiscal year. Some of these locations will be paved in conjunction with stormwater drainage installations. MBL Paving Corp. is a local, minority owned firm with substantial experience in asphalt paving and markings work for various governments and agencies, including the Miami - Dade Water and Sewer Department. Presently, the contractor does work for BellSouth's north and south districts. MBL is certified as a Disadvantaged Business Enterprise. The Commission approved the execution of a thermoplastics striping contract with MBL on December 16, ,1997. The terms and fee structure applicable in the BellSouth contract provides the City of South Miami the benefit of competitive rates, coupled with service from an experienced paving contractor. Based on the above, it is recommended that the City Commission authorize the execution of the roadway paving contract. Attachments 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, AUTHORIZING THE CITY MANAGER 6 TO ENTER INTO AN AGREEMENT WITH MBL 7 PAVING CORP. FOR CITY WIDE STREET 8 RESURFACING AT A COST NOT TO EXCEED 9 $50,000.00 FOR THE CURRENT FISCAL YEAR 10 AND CHARGING THE DISBURSEMENT TO 11 LOCAL OPTION GAS TAX FUND NO. 12- 1730 - 12 541 -4640, "MAINTENANCE AND REPAIRS - 13 STREETS AND PARKWAYS ". 14 is WHEREAS, periodic roadway resurfacing of throughout the City is 16 imperative to maximize traffic safety, promote adequate stormwater 17 drainage, and maintain the aesthetics of roadways, and; 1s 19 WHEREAS, roadway resurfacing demand is mostly driven by the 20 condition of the existing asphalt, but is also affected by traffic volume and 21 stormwater accumulation characteristics, and; 22 23 WHEREAS, the Public Works Department has scheduled close to 24 one mile of street resurfacing for this fiscal year, as well as several drainage 25 installations across the city which also require repaving, and; 26 27 WHEREAS, the Public Works Department has identified a qualified 28 and reputable roadway resurfacing and markings contractor which is 29 presently on contract with Bell South, Inc., and has experience as a 30 subcontractor for South Florida municipalities through the competitive bid 31 process. 32 33 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 34 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 35 36 Section 1. The City Manager be, and is hereby authorized to enter 37 into an agreement with MBL Paving Corp. for road resurfacing on a 38 city wide basis. 39 40 Section 2. The agreement's terms and fee structure will be similar 41 to that of BellSouth South District contract number MFS -007. 42 43 44 45 46 Section 3 The total amount to be spent on the above referenced 47 contract will not exceed $50,000.00 during the fiscal year 1997 -98, and 48 will be paid from account # 12- 1730 -6460, Local Option Gas Tax 49 Fund, "Infrastructure Projects." 50 51 Section 4. This resolution shall be effective immediately and upon 52 adoption hereof. 53 54 PASSED AND ADOPTED this Yd day of February, 1998. 55 56 57 ATTEST: APPROVED: 5s 59 60 CITY CLERK MAYOR 61 62 63 READ AND APPROVED AS TO FORM 64 65 66 CITY ATTORNEY 67 CITY OF SOUTH MIAMI vINTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: January 26, 1998 Agenda Item # From: Diana Morri Re: Comm. Mtg. 02/03/98 Interim City Manager Bird Road Alcoholic Beverages 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 REVISE THE - DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT, AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND& ANALYSIS: On November 18, 1997, the City Commission instructed the City Administration to prepare a draft ordinance for first reading. The purpose of this action was to elicit public input, regarding the possible repeal of restrictions on the sale of alcoholic beverages near residential property. In order to obtain the desired public input on this matter, three courtesy letters were mailed to all property owners who own property which is located within the City of South Miami and also located north of Blue Road (48 Street). Copies of these letters are attached for your reference. On December 30, 1997, the South Miami Planning Board voted 5:2 to recommend denial of the ordinance as proposed. The Planning Board then voted 7:0 to recommend for approval that the following four recommendations be forwarded to the City Commission for consideration and possible incorporation into the ordinance reviewed by Planning Board: 1) that beer and wine only be served with food in restaurants; 2) that no bar be established within the design of restaurants; 3) that the City Attorney draft guidelines for what constitutes restaurants; 4) that a permanent, opaque buffer be erected between commercial establishments and adjoining residential property. City Manager's Report: Bird Road Alcoholic Beverages Ordinance 1 On January 20, 1998, the City Commission instructed the City Administration to prepare a revised ordinance to contain the recommendations formulated by the Planning Board. RECOMMENDATION: Approval. Attachments: Proposed Ordinance for Adoption Staff Report by Planner Gregory J. Oravec Letters of Objection Received from Members of the Public Copy of Courtesy Notice to Property Owners for 1 st Reading Copy of Courtesy Notice to Property Owners for Planning Board Copy of Courtesy Notice to Property Owners for 2nd Reading Excerpted Planning Board Minutes from December 30, 1997 City Manager's Report: Bird Road Alcoholic Beverages Ordinance 2 I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT 6 TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS 7 ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO REVISE THE 8 DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS 9 IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR 10 SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND, 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, on October 28, 1997, the Planning Board voted 6:1 15 to recommend to the City Commission "that the area on Bird Road 16 be reviewed as a special zoning district, in order to permit the 17 consumption of beer and wine, and, in order to spur growth and 18 redevelopment in that particular area;" and, 19 20 WHEREAS, on November 18, 1997, the City Commission requested 21 that the City Administration prepare a draft ordinance for first 22 reading, in order to obtain public input regarding the distance 23 requirements from residential properties for businesses in the 24 Bird Road Area, which desire to permit the consumption of beer 25 and wine on the premises; and, 26 27 WHEREAS, the "Bird Road Area" for purposes of this ordinance 28 is that area designated as Neighborhood l of the ten traditional 29 neighborhoods described in the City's Comprehensive Plan; and, 30 31 WHEREAS, the City Administration has mailed notices to all 32 property owners who own property which is located within the City 33 and is north of Blue Road (S.W. 48 Street), in order to obtain 34 the public input which is desired by the City Commission'; and, 35 36 WHEREAS, said mailing to property owners is not a required 37 action by the City to fulfill any advertising requirement; and, 38 39 WHEREAS, all procedural requirements, as set forth in both 40 the laws of the State of Florida and in the City of South Miami's 41 adopted Land Development Code, have been met; and, 42 43 WHEREAS, on December 30, 1997 South Miami Planning Board 44 voted 5:2 to recommend denial of the ordinance as proposed The 45 Planning Board then voted 7:0 to recommend for approval that the Bird Road Alcoholic Beverages Ord: 3rd Reading February 3, 1998 1 1 following four recommendations be forwarded to City Commission 2 for consideration and possible incorporation into the ordinance 3 reviewed by Planning Board: 4 5 1) that beer and wine only be served with food in restaurants; 6 7 2) that no bar be established within the design of restaurants; 8 9 3_) that the City Attorney draft guidelines for what constitutes 10 restaurants: 11 12 4) that a permanent, opaque buffer be erected between commercial 13 establishments and adjoining residential property; and, 14 15 WHEREAS, the City Commission finds that it is in the public 16 interest to review distance requirements related to the sale of 17 alcoholic beverages in the area known as the "Bird Road Area." 18 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 21 THE CITY OF SOUTH MIAMI, FLORIDA: 22 23 24 Section 1. Beetien 4 2(a) (3) ieh ineludes aehart wi a 25 feetnete is hereby afaeaded se that the feetnete reads as 26 . 27 - The — spaeing between residential prepert=ems- an 28 restaurants, b r �, eunge —and nightelub deer net apply 29 within the Hemetewn -- ri et , as well as --ad eeent 30 residential prepeEty eut- side -ef the- Hemete'6rn Distiet. 31 This ememp re"' - alse -''9- J=e4 -f-r- preperties whieh -a- -e 32 eves- andleeatzed en Bird Read. 33 34 That a new sub - section 4- 2(a)(4) shall be created as follows: 35 36 (4) Exceptions from the aforementioned distance requirements from 37 residential - Premises located in zoning districts which permit 38 restaurants and which are located along Bird Road may serve wine 39 and beer as part of an approved restaurant use where no bar is 40 provided, where food is served in conjunction with alcoholic 41 beverages, and where a permanent opaque buffer is provided 42 between the premises and any and all adjoining properties which 43 are zoned residential. Distance requirements from churches and 44 schools shall be observed for all properties along Bird Road 45 Bird Road Alcoholic Beverages Ord: 3rd Reading February 3, 1998 2 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 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage PASSED AND ADGPT-BE) this 21st day ef January, 969 PASSED AND ADOPTED this 3rd day of February, 1998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY c:\ ... \ Ldc \ Alcoholic Bev Ord.doc COMMISSION VOTE: Mayor Price Vice -Mayor Robaina: Commissioner Oliveros: Commissioner Young: Commissioner Bethel: To: MMIMMO V7 Brian T. Soltz Planner CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Date: December 19. 1997 From: Gregory J. Oravec Re: Bird Road Planner Alcoholic Beverages ITEM: PB -97 -032 Applicant: Mayor and City Commission RegUeSt: 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 REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA: PROVIDING FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT, AND. PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND On October 28. 1997, the Planning Board voted 6:1 to recommend to the City Commission "that the area on Bird Road be reviewed as a special zoning district, in order to permit the consumption of beer and wine, and in order to spur growth and redevelopment in that particular area." On November 18, 1997, the City commission requested that the City Administration prepare a draft ordinance for first reading, in order to obtain public input regarding the distance requirements between residential properties and businesses in the Bird Road Area, which desire to permit the consumption of beer and wine on the premises. On December 2. 1997, the City Commission voted 5 -0 to initiate the Public Hearing process. ANALYSIS The "Bird Road Area" referenced in the proposed ordinance is the northern most neighborhood in the City. It is a neighborhood composed of the following zoning districts: General Retail (GR). Residential Office (RO), Medium Density Multi - Family (RM -24), Single Family Residential (RS -4 & RS -5), Public /Institutional (PI), and Parks and Recreation (PR). The GR zoning district fronting Bird Road is a high traffic urban area, and the only district in the neighborhood which allows alcohol related uses: but, the majority of those uses are not permitted in the district because the City's Code of Ordinances outlines spacing requirements which prohibit some alcohol related uses based on their distance from churches. schools, and residential properties. These spacing requirements were created in order to protect residential, church, and school uses from the possible negative impacts which can be associated with the sale and consumption of alcohol. Now that the spacing requirements are being revisited via the proposed ordinance. the crucial issue is how the consumption and/or sale of alcohol in the GR zoning district would affect the Bird Road Neighborhood. The following uses are commonly associated with the sale and/or consumption of alcoholic beverages and are permitted within the GR zoning district as described in Section 20 -3.3 of the South Miami Land Development Code (LDC): restaurant, drinking place, liquor store, and grocery store. Pursuant to Section 4 -2 (a) (3) of South Miami's Code of Ordinances restaurants. drinking places, and liquor stores must maintain a minimum distance of 500 feet from churches. schools, and /or residential properties (see Attachment A)'. Figure 1 demonstrates that there are no schools within 500 feet of the GR district. and that the Hope Lutheran Church facility is within 500 feet of a minor portion of the GR district. Most importantly, however, Figure 1 exhibits that there is no segment of the GR zoning district which is not within 500 feet of a residential property. As a result of these minim: um distance requirements, a grocery store would currently be permitted to sell beer and wine in most of the subject area, pursuant to state approval and all other applicable South Miami laws, because it does not have a required minimum distance from a residential area. The remaining alcohol related uses, however. are currently prohibited from allowing the sale and/or consumption of alcoholic beverages in the GR zoning district almost exclusively because of their distance from residential properties. Should alcohol related uses be permitted w: ithin 500 feet of residential properties? Miami -Dade County has answered yes. The Code of Metropolitan Dade County does not require a minimum distance between alcohol related uses and residential properties (see Attachment B). As a result, there are Miami -Dade County zoning districts bordering the Bird Road Neighborhood which would allow the sale and consumption of alcoholic beverages within 500 feet of South Miami residential properties. Thus, alcohol related uses could already be affecting the neighborhood. The presence of Miami -Dade zoning which, allows alcohol related uses adjacent to South Miami residential properties is important because it demonstrates that this ordinance's proposed changes are not a radical divergence from what may ialready exist. However, it is not reason alone to change the City of South Miami's Code'' of Ordinances because Miami -Dade County's law evidences an opinion, not an answer: Alcohol related uses can adversely affect residential neighborhoods. Examples are numerous and well documented. some are typified below. One of the lesser problems of a drinking place use results from its late hours, the noise associated with the business can disturb surrounding residents. On a' more severe scale, drinking places often invite drunk and disorderly conduct. Therefore. drinking place uses should be adequately buffered from a single family neighborhood. The liquor store use may also invite unwanted elements into a neighboring residential area, ' The names of the alcohol- related uses listed in the Land Development Code (LDC) differ from those stated in Section 4 -2 (a) (3) of the Code of Ordinances. The official permitted uses are as listed by the LDC. For the purposes of this comparison, the bar /lounge and nightclub uses referred to by the Code of Ordinances equals the drinking place use referred to by the LDC; package store equals liquor store; and, grocery store and supermarket equal grocery store. vagrants and open containers. A restaurant with a bar can have the same negative impacts as a drinking place. However, this rarely occurs because of the differences which arise from being a restaurant first and a drinking place second. The primary function of a drinking place is to sell alcohol for consumption on premises. In contrast. the primary function of a restaurant is to sell food. Alcohol is sold secondarily as a means to enhance the food and the sales receipts. Due to these inherent differences. the sale of alcohol for consumption at a restaurant is less likely to negatively impact a surrounding neighborhood. For example. a restaurant does not have to keep the same hours as a drinking place to be successful. Most restaurants close by midnight. while many drinking places often stay.open until 5 a.m.. thus, restaurants do not subject their neighbors to the same late night disturbances. Restaurants are also less susceptible to problematic patrons because the staff is more inclined to monitor and regulate their drinking customers in order to avoid detracting from the eatery's atmosphere. Most importantly. these generalities are buttressed by the fact that in the City of South Miami all restaurants are analyzed and evaluated by staff, the Planning Board, and the City Commission. Therefore. poor or inappropriate concepts can be denied. At times, the City has decided that the benefits of permitting the consumption of alcoholic beverage outweigh the negative possibilities. as evidenced in the exemptions afforded the Hometown District. Eliminating the distance requirement between residential properties and restaurants which serve alcoholic beverages within the GR district of the Bird Road Neighborhood will allow those restaurants to increase their sales and compete with other area restaurants. spurring the growth that the Planning Board called for at the meeting of October 28. Therefore. staff concludes that the positives of permitting the sale and consumption of alcoholic beverage at restaurants within the GR district fronting Bird Road outweigh the negative possibilities. COMPREHENSIVE PLAN This request does not conflict with the adopted Comprehensive Plan of the City of South Miami. APPLICABLE REGULATIONS Code of Ordinances Land Development Code RECOMMENDATION The characteristics of a restaurant in conjunction with the analysis and evaluation of said restaurant through the public hearing process greatly reduce the chance of adverse impacts to the surrounding community. Therefore._ staff recommends approval of the proposed ordinance with the following changes: Section 1 of the proposed ordinance should be changed to state the following: eetion 1. Section 4 -2 (a) (3) which includes a chart with a footnote attached to the category "Residential" is hereby amended so that the category "Residential" includes an additional footnote, which reads as follows: + The spacing between residential properties and restaurants does not apply within the General Retail District fronting Bird Road. as well as adjacent residential property outside of said district. Attachments: Attachment A. Section 4 -1& 4.2 of the South Miami Code of Ordinances Figure 1, portion of City's Zoning Map showing distances from selected uses Attachment B, Excerpt from Code of Metropolitan Dade County) Letter dated December 2, 1997' Draft, Proposed Ordinance that was approved at first reading 5 -0 R Attachment A i Chapter 4 ALCOHOLIC BEVERAGES* Art. I. In General, if 4 -1--48 Art. IL Licenses, §$ 4- 9-4-13 ARTICLE L IN GENERAL Sec. 4-1. Manufacture, sale, distribution governed by pro. f visions of this chapter. ! 1 No person, corporation, or other entity shall engage in the man - ufacture, sale or distribution of alcoholic beverages, except strictly under the terms and provisions of this chapter. (Ord. No. 128, § 1, 9- 24 -40; Ord. No. 1448, § 1, 6- 12 -90) Sec. 4 -2. Distance regnirements; nonconforming use; cer. tificate of occupancy. (a) Distance requirements. (1) Distance from a church, school, or residential property shall be measured by following a straight horizontal line from the nearest point of the property line of the property on which the proposed licensed establishment is to be located to the nearest point of the property line of a church, school or residential property. (2) In all other cases, distance shall be measured by following a straight horizontal line from the nearest point of the perimeter wail of the proposed establishment to the nearest point of the perimeter wall of the existing establishment. (3) No premises shall be used for the sale of alcoholic bever- ages where the proposed licensed establishment is located less than the distance in feet from another use as indicated in the following chart: 'Cross reference— Consumption of alcoholic beverages in public and private places, § 15 -74. State Iaw reference — Alcoholic beverage laws, Chs. 561, 567, 568, and 569, Florida Statutes. Supp., No. 48 47 § 4-7 sasn ffurw- IOJUoauoN sla .yseq lj!;o s2.1o,s affexo8d sn�.rP�adrr S afols CJ=O.r j gnlojggr svffunoys reg auelnw =U *1 erjua prsa loops -to gorn qj oc tni oo 'n °c oc tn °o In o° In fA H Sri $ fA CA C Jw v cx c •z" C7 v a: a Z §42 c._ C6 !Q y Q C ;.0 to 'fl u o u2 r e0.c o e fA � Q Ci 0 i0 w L b ly O. �a � •o 43 fA b 6� 'fl � C- 43 A Q a3 y u w .o .y 43 M � Q a C 3 0 C� 'v U R� y r u .0 �y r �. a i i I v ♦ Y Y « r • �I for, --Sol L. Iy Y O e • y I � 0 A J s� 1 1 X X X M W M O O O W N w S S r 3 3 CIS lA CA O O O r�o n o" � o A •a w 1� 1' OAXD F�j a � Or (� O ! a a • n' ♦ i a • • � a � • S r r s g a • a • O _ • r a s 1 C ♦ r I 1 1 I � 1 CL I .0 .a C N • Ilk • �b• is • i i a �► VJ A gapa '' - y 1 Attachment B (d) The word 'owner" as used in this article shall include owners of the fee, lessee and "agent in charge. (Ord. No. 57 -19, § 32(L), 10- 22 -57) ARTICLE X. ALCOHOLIC BEVERAGES' Sec. 33 -150: Location of establishments. (A) Distance from other establishments. Unless approved as a special exception (Section 33- 311(d)), no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the struc- ture or place of business intended for such use is located less than fifteen hundred (1,500) feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The fifteen hundred (1,500) feet distance require- ments shall be measured by following a straight line from the nearest portion of the structure of the place of business. (B) Distance from church or school. Unless approved as a special exception (Section 33- 311(d)), no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than twenty- five hundred (2,500) feet from a,church or public school. The twenty -five- hundred -foot distance re- quirement shall be measured and computed as follows: (1) From a church, the distance shall be mea- sured by following a straight line from the *Charter reference -- Authority of County to establish and enforce regulations for sale of alcoholic beverages is unincorporated areas and to approve municipal regulations on hours for the sale of alcoholic beverages, ¢ 1.01(Ax 16). Cross references - Definition of alcoholic beverages. § 33 -1(3); definition of bar or saloon, § 33- 1(10); definition of beer, ,§ 33- 1(13) definition of cabaret, § 33- 1(23); definition of intoxicating liquors, § 33- 1(59); minors gaining admission to prohibited places, or for purposes of securing beer, liquor or wine, by false statements or credentials, § 21 -10; package stores and nightclubs in hotels, RU-4 District, § 33- 222.4. Supp. No. 16 5229 front door of the proposed place of business to the nearest point of the church struc- ture, and (2) From a public school, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the school grounds. (0 Compliance prerequisite to issuance of li- censes, permits and certificates. No certificate of use or occupancy, license, building or other permit shall be issued to any person, firm, or corporation for the sale of alcoholic beverages to be consumed on or off the premises where the proposed place of business does not conform to the requirements of subsections (A) and (B) above. (D) Nonconforming uses; definition ofabandon- ment. The uses referred to in subsections (A) and (B) above that are in violation of the provisions thereof, and that were in existence on or before June 14, 1956, shall be deemed to be nonconform- ing and as such may continue until there is an abandonment thereof, provided that such noncon- forming uses have been established and proven to the satisfaction of the Department on or before October 1, 1956, and not thereafter.. After October L 1956, the right to establish a use not conform- ing with the requirements of subsections (A) and (B) shall have expired and shall not thereafter be recognized:. Any uses, created and established in a legal' manner, which may thereafter` become non - conforming, may continue until there is an aban- donment'. Once a nonconforming use is aban- doned it cannot be re- established unless it can conform to the requirements of this chapter. Abandonment shall consist ofa change ofuse or of a suspension of active business with the public for a period of not less than three (3) months, or prior to the end of the period, on a written declaration of abandonment by the tenant and owner of the premises if under lease, and if not, by the owner. (E) Exceptions to spacing and distance require- ments. The restrictions and spacing requirements set forth in subsections (A) and M above shall not apply: (1) To private clubs, provided such clubs con- form to all the requirements of a private 0 (AT), CONUMISSION CHAIRMAN City of South Miami Buildine. Zoning & Community Development 6130 Sunsct Drivc South Miami. Florida 33143 Fax 305 663 -6327 Phone 305 666 -4591 FAMILY FIRST, Reference is made to Gregory J. Oravec's letter of December 19. 1997 announcing a meeting to be held on the evening of December 30, 1997 to review a proposed ordinance which would allow, contrary to the existing City Code of Ordinances, some businesses on Bird Road to sell alcoholic beverages for consumption on- the - premises within 500 feet of residences (family dwellings). I think it is a crime to have chosen this particular date and time of year for such a meeting. This is that special time of year when families are busy celebrating and trying to find time to spend with relatives and friends. Yet this is an issue that would likely be of concern to those same families. You do a great disservice to the targeted community by scheduling this meeting at that time. I hope you will reconsider. Sincerely Bradley N. Coule, Resident 6235 S.W. 4Vd. Street South Miami. Florida 33155 cc: Bill 'Mackey. MCP ' Brian T. Soitz , FAX CORRECPONDENCE To: Gregory Oravee Planner, City of .South Miami Fax no. (305) 666 -4591 From: Dave Bernero Property owner, city of South Miami 4241 S.W, 62 Avenue Miami, Fl, 33155 Fax no. (305) 661 -5229 December 21, 1997 Dear Sir; Please accept this letter an my official objection to the proposed ordinance change that would allow the sale of alchoholic beverages within 500 feet of residential areas. I would prefer to keep the existing ordinance, wince there already are anough businesses within this restriction that can now sell al.choholic beverages. The area I am refering to is Red Road and Bird Road where there is a full service liquor store. I firmly believe that any change, of this nature, would only erode the already unstable fringe area, and contribute to the decline of the quality of life and property values in my area. I have already witnessed enough wanton construction, in this area, that has taken place without any City permits. If this letter cannot be accepted.as my official objection, please phone or fax me at the above number, and I will make my oblection.in person at the December 30th meeting. Thank you for your support in this matter. Respectfully, /lff A. ernero Fax /phone'(305) 661 -5229 - December Z 1997 Bill Mackey, AICP Director of PIanning and Zoning City of South Miami Dear ivir. Mackey, Please be advised that we are opposed to any variance that would allow liquor to be .served in an establishment in the area adjacent to our neighborhood We are concerned that a variance would then provide the opporttmity for similar situations to be allowed and to further threaten this area. Thank you for your attention Sincerely. ane and Kenton Harris �~ 4108 SW 61 Avenue S. Miami, FL 33155 ,T� City of South Miami BUILDING, ZONING D COMMUNITY DEVELOPMENT 6130 Sunset Drive / South Miami, Florida 33143 / (305) 663 -6327 Fax (305) 666 -4591 November 21, 1997 Dear South Miami Property Owner: I This letter serves as a courtesy notice to inform you that on December 2, 1997, at 7:30 p.m., the City Commission of the City of South Miami, Florida, will be reviewing a proposed ordinance at first reading relating to commercial property in your neighborhood. The meeting will be held in the Commission Chambers at City Hall located at 6130 Sunset Drive, South Miami, Florida, and this ordinance will be reviewed at the end of the meeting. Members of the public should address the City Commission on this matter under the section of the agenda entitled "Public Remarks." The proposed ordinance would allow some businesses on Bird Road to sell alcoholic beverages for consumption on- the - premises. Currently, the City's Code of Ordinances prohibits the sale of alcoholic beverages within 500 feet of any residential property, which effectively prevents new businesses from obtaining beverage licenses (except for the sale of beer as a package item). The proposed ordinance would remove the residential distance requirement. However, the distance requirement from schools and churches would be retained. Existing licenses are not affected. The City Commission is interested in obtaining your input. All interested persons are urged to attend. Objections or expressions of approval may be made in person at the meeting or filed in writing prior to or at the meeting with the City Clerk. Please, send mail to the address above. If you have any questions regarding this or any other planning and zoning matter, please, feel free to contact me by telephone at (305) 663 -6327 or by telefacsimile at (305) 666 -4591. Thank you. Sincerely, 6V Bill Mackey, AICP Director of Planning & Zoning c: L. Dennis Whitt, City Manager Ronetta Taylor, CMC, City Clerk Earl G. Gallop, City Attorney "City of Pleasant Living" 2 � City of South Miami BUILDING, ZONING & COMMUNITY DEVELOPMENT 6130 Sunset Drive / South Miami, Florida 33143 / (305) 663 -6327 Fax (305) 666 -4591 December 19, 1997 Dear South Miami Property Owner: This letter serves as a courtesy notice to inform you that on December 30, 1997. at 7:30 p.m., the Planning Board of the City of South Miami. Florida. will be reviewing a proposed ordinance relating to commercial property in your neighborhood. The meeting will be held in the Commission Chambers at City Hall located at 6130 Sunset Drive. South Miami. Florida. The proposed ordinance would allow some businesses on Bird Road to sell alcoholic beverages for consumption on- the - premises. Currently, the City's Code of Ordinances prohibits the sale of alcoholic beverages within 500 feet of any residential property, which effectively prevents new businesses from obtaining beverage licenses (except for the sale of beer as a package item). The proposed ordinance would remove the residential distance requirement. However, the distance requirement from schools and churches would be retained. Existing licenses are not affected. The Planning Board is interested in obtaining your input. All interested persons are urged to attend. Objections or expressions of approval may be made in person at the meeting or filed in writing prior to or at the meeting with the City Clerk. Please, send mail to the address above. If you have any questions regarding this or any other planning and zoning matter. please feel free to contact me by telephone at (305) 663- 6326 or by telefacsimile at (305) 666 -4591. Thank you. Sincerely. Gregory J. Oravec Planner c: Bill Mackey. AICP Director- of Planning & Zoning Brian T. Soltz Planner "City of Pleasant Living" 7, .- ,ea,rpy€- ., r�,,.�- �^�x�€v.,z; «.: „ <t_""?"'F'7?"a- r^-ec�- +�— zn.,•<,v --a .;,? I - 0 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 on Tuesday, January 20, 1998, beginning at 7 :30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following described ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ANAMENDMENT TO CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, WHICH IS ENTITLED "ALCOHOLIC BEVERAGES," IN ORDER TO REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. (First Reading December 2, 1997) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; PROVIDING A 180 DAY MORATORIUM ON ACCEPTANCE AND REVIEW OF APPLICANTS, AND ISSUANCE OF DEVELOPMENT PERMITS, FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS TO ENABLE THE CITY TO PREPARE AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (First Reading December 16, 1997)' Said ordinances can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning this item should be directed to the Planning & Zoning Department at: 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 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. i� MINUTES REGULAR MEETING - Planning Board Tuesday, December 30, 1997 City Commissioners' Chambers 7:30 P.M. 1. Call to order and the Pledge of Allegiance. A. Mr. Basu, Chairperson, called the meeting to order at 7:30 p.m. 11. Roll Call. A. Board members present constituting a quorum 1. Mr. Basu, Mr. Pages, Mr. Lefley, Mr. Morton, Ms. Thomer, Ms. Chimelis, and Ms. Dupree B. City staff present 1. Bill Mackey (Planning & Zoning Director); Gregory Oravec (Planner): and David Struder (Board Secretary) 111. Public Hearing: A. ITEM: PB-97-032 Applicant: Mayor & 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 REVISE THE DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS IN THE AREA KNOWN AS THE BIRD ROAD AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. 1. Ms. Chimelis read the request into the record. 2. Staff presented the item to the Board. a. Staff provided background information related to the request, such as that involving the Board's consideration of PB-97-031 on October 28, 1997. ExcerptedPB Nfin 12-30-97 1 i a b. Staff stated that they recommended approval of the item, inclusive of the modification shown on page 4 of their inter -office memorandum,' Bird Road Alcoholic Beverages, dated December 19, 1997, and provided for the Board's reference. - 3. Prior to the public hearing, the Board and staff discussed the proposed ordinance. a. The Board emphasized that its intent and desire is to include restaurants only, as indicated in staff's recommendation for approval. b. The Board and staff clarified that the proposed ordinance is specific to the GR zoning district of the Bird Road Area and is not site specific within that particular zoning district. 4. Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed into speak before the Board. Mr. Tucker asked the City to take positive stance in regard to the issues of the proposal, including the possibility of more occupied buildings and increased revenues. b. Mr. Luis Caresa, Jr., signed in and spoke before the Board on behalf of his parents, who are property owners at 5807 SW 41 Street. Mr. Caresa inquired as to the history of the City's current ordinance and background information on the proposed ordinance. c. Mr. Mackey responded that the current ordinance may have originated from the City's desire to curtail what traditionally in common law is known as "nuisances ". d. Mr. Caresa opined that while there may always be nuisances to property owners in the area, an ordinance limiting consumption of alcoholic beverages to restaurants only would be preferable to an ordinance containing no such restriction. 5. Public hearing was closed. 6. The Board continued with its consideration of the item. a. The Board concurred that its intention is to approve a document that would permit the sale of beer and wine in restaurants specifically, thereby promoting desired development, such as restaurants, in the Bird Road Area. b. During its consideration, the Board discussed criteria that could be incorporated into the ordinance, including regulations that would better define those places serving alcoholic beverages, i.e., "food- serving establishments" without bars, and rules that would govern the types of alcoholic beverages served in such establishments, e.g., wine and beer only. c. In response to Mr. Lefley's inquiry, staff clarified that Section 1, footnote 1, of the ordinance is being recommended to contain language without the underlined sentence This exemption is also adopted for properties which are zoned for commercial purposes and located on Bird Road, EscerptedPB Min 12 -30 -97 2 t. and that Section l is also being recommended to contain a footnote 2 with the language The spacing between residential properties and restaurants does not apply within the General Retail District fronting Bird Roac4 as well as adjacent residential property outside of said district. d. Mr. Basu summarized the proceedings thus far by stating that a preferable scenario would be the serving of beer and wine with food at a restaurant of no specific size and with no bar, having a permanent, solid buffer between commercial and adjoining residential property. e. Mr. Basu recommended that the City Attorney draft guidelines as to what defines and constitutes a restaurant. 7. Motion: Mr. Morton moved denial of the ordinance as presented. Ms. Chimelis and Mr. Lefley both seconded the motion. 8. Following further discussion, the Board voted on the motion for denial of the ordinance. 9. Vote: Approved: 5 Opposed: 2 (Ms. Thorner) (Ms. Dupree) 10. Mr. Basu summarized recommendations that the Board may wish to consider in its motion. 11. Second motion: Mr. Pages moved approval that the following four recommendations be forwarded to the City Commission for consideration and possible incorporation into the ordinance reviewed by Planning Board this evening: 1) that beer and wine only be served with food in restaurants; 2) that no bar be established within the design of restaurants; 3) that the City Attorney draft guidelines for what constitutes restaurants; 4) that a permanent, opaque buffer be erected between commercial establishments and adjoining residential property. Mr. Morton seconded the motion. 12. Vote: Approved: 7 Opposed: 0 ExcerptedPB Min 12 -30 -97 3 r ;r i s ��, Cj Since 1971 MUST GC ART SUPPLIES 4 CRAFT SUPPLIES dpi WILTON CAKE SUPPLIES dpf CANDY MAKING SUPPLIES # S ILK & DRIED FLOWERS dip BASKETS # YARN CROSS - STITCH & NEEDLEPOINT SUPPLIES # PICTURE FRAMES di` T:SHIRTS # NOTIONS * FABRIC & TRIMS All Saks Final - Cash At Credit Card Sales Only Sorry No Checks SHOP EARLY FOR BEST SELECTION SAVE A BUNDLE ON ALL YOUR CRAFT NEEDS - AAA A LA Count on Action Une to solve problems, get answers and stand up for your rights. GETTIN -Q Pki _ , e SAYS °.a : "OKAY" TO CREDIT CARDS Now you can pay your classified bill with your favorite grade card. When you call in your ad lust say you want to bill it to your credit card and give the Sales Representative the necessary information. More than 700.000 madcn turn to our Classified section every day. VISA '¢A1t �iianti �ieraiit 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 Heating during its regular City Commission meeting .ton .IUesday. January 20. 1998, beginning at 7:30 p.m., in the City Commission Ch mbeta. 6130 S»ttBet Drive, to consider the following described ordinance. AK ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE r CITY OF SOUTH MIAMI. FLORIDA RELATING TO AN AMENDMENT TO CHAPTER 4 OF THE CrM CODE OF ORDINANCES, WHICH ENTITLED *ALCOHOLIC BEVERAGES.- IN ORDER TO REVISE THE � DISTANCE REQUIREMENTS FROM RESIDENTIAL ZONING DISTRICTS -.i IN nIE AREA KNOWN AS. THE BIRD ROAD AREA; PROVIDING FOR SEVERABRM ;.PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading December 2, y AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. RELATING TO LAND USE; PROVIDiN1G A 180 DAY MORATORIUM ON ACCEPTANCE AND REVIEW OF APPLICANTS, AND ISSUANCE OF DEVELOPMENT PERMITS, FOR ` THE INSTALLATION OF TELECOMMUNICATION TOWERS TO ENABLE THE CITYTO PREPARE AND ADOPT MINI Arm STANDARDS FOR TmE LOCATION AND APPROVAL OF TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN "' FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILIIY, ORDINANCES IN CONFLICT. AND PROVIDING AN EFFECTIVE DATE. (First Reading - Dmmber 16.1997) Sald.6rdinances can be inspected in the City Clerks Office Monday Friday during regular office hours. Inquiries concerning this item should be directed to the Planning & Zoning Department at; 663 - 6326. ALL Interested parties are invited to attend and will be heard. RonettaTa or,.CMC t'. .: City Of South Miami' Pufsuant to Florida Statues 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 �s ..ct to any matter considered at its meeting or hearing, he or she will need a,s oi` to psaceM- rags, and that for ituch urpose, afflicted person may need to ensure that a verbatim record of the pro is made which record includes -- the.tosdmonyand evidence upon which they FRis: to be based. ri The below Id contain omrririg items witich may be a iffiroddift 1. loadomt4f190SW2MAvemue,Miitrd-p CourtlyF The' apP(iant Is Mqueating a non -use variance t eudatin9 accessory abuchasa setback im than mW iliac, and awmvorwo ran-un venom n an fhb Si 2. WON= 10711 SIN 153 Street, iKw nl -parley Florida, TI»appilcaiw it iegias ut9 enures vaiiana to peasit aW *M sdbacic lea than regtwed from property tines Multiple nteaibaa d kmkvkko aonmmity council@ may ix Aa persons amentitled b atesd and to spw& at aoaing h the courts have ruled that it -19 improper to contact dy. ado oralyor in whiling, about mnergmppkgt Those do not head prior" the eating fiat torthis delayed btherbxtawNlebbzm*gtrear %rrreetkrgdate, Registration is available t o any Homeown", Association c be provided to its pesiftit on raring herrings irrtrokirrg r For more kdomvttion on thisragisbation procedure. please RUM other Af we av&IW aMWAII -DAM CCOUM DI ETOf PLA A REOU AT11ft 11th P4W.. 111 NW First Street Miami. iMonrwtimr is desired cal' 375 -2640. Hearing Section. F heakrgmVit rwhenmatinganiogrwy. Miemi-Dade county pravides equal seems and equ: MiDloymeet and does not disaft*%sts on the basis of dis& orservtces. For msbdsl ins"' format, a sign language aaaranod&W -, 010080 al 0ti84407 at least five days in r COIRYpllffry 2ZOHOG APPEALS BOARD THURSUY. FEBRUARY 5.12n. 7M P.3 SOUTH DADE GOVERNMENT CENTER . ROOM 2031, ..10110 SW 211 STREET; MIAMI -DARE COUNTY, 'A person who deckles to appeal MV. decision made by an ecmrnft n with respect to any matter considered at its rr will need a record of the proceedirgy Such person rosy a, verbatim record of the Proceedings is made, including evidence upon which Me sppaq is to ye based.. > 686i77Q MNAT YOU GM00, FRA1f >U Avenue CaN 905. 7076.... Courses. Laraaaaa trW.m+ feu (rtes boys grade 6 Instruction and open Play In Daft call woessary Ca1232- USBAReglsn3dhectord827 -44op. Msitadubislookin DlaMtlesFibmaCkbtNeska d players ca8A5'9 -96 sporting ac"ies and social eveMS Rouft The Misr for diabetics.. Free. call 688.1064. sesiftnew,metnbe Din oolhAn16- holocouresa Ra6by: NEW Rw Iiendw Inman Hrmtocks Pork. bow" lorplays- 11348SW 79th St., Is open du ft required. Prou.Mtaa Park hours (7 a.m. to suiaNl. Free dayeend 7htuedays teaguepbybet3piLSaktMays. Southwest 195th811 Pley is open to players of all abi8tles. Ca JOMiday lbrou 7 a L106 pin. dayttrauph Friday 7 a.m.to6 pm. F - chip MWM Fack Club rrt.1 from 7 -9 P.m. Tusedep end sports t Thursdays at Sam mieft Mkift ppy4 -6 p m. Mond; mOcicsconwrwadty r School. 9750 SW 8001 SL Open to ail rttoeke Btvd , KaneE apas.Ca89e9 -1010. Put. 10100 SW 12' FirearmaalMreheaaaparwo fras saftomerth and children can Mom the hmdernen- vole d tobeaoa, tab of **arm safety and use In this asnorc 380 8971. .R., altheTraBOhdeallarMs, Tabieferinlit:De 17901 SW Eighth SL Open to anyorws 10 and abler. Few.. $5 adults, efYfdrwt JCc.11155 Sw 1/l 10.17fraL cm s 10" operating from 7 to 10 P.m is 271-9000, exL 290. hours: Mornay 12:3i14M p m. Thursday 9 a.m. -5:30 P.m., Friday wemarMa Yacht noom8�0p.m. and Sakwday- Sunday � t��lape (qw 8 axL4:30 p.m. Closed Tusaday and InvltadlatCo m t curare Wednesday. 69227.9586 2494 c FAsbeee Ultkrats Frlsbee team aeska men and women of al levals. What You Can Cal 825-0755. by Gary Jenkins. GrewJuggli- ExdargaJug- epsolalspoA9ev filing for al ages and skill Will: 8.10 tOfmle9 artd des p.m. Thursdays; University of Mtarni, nonprofit Or not- In the bresseway behism the strident zadons at least t WOW w4the bookstore(on Soft advance to What Orbek free: for morekdonnation. cell Sports Departrrk 235- 7300. Herald. l Harald h YnaSkedwSks1e20011aft 33132- 169:i.ort haeleeeorrtromtwgliw -14D AMkemsmu tbt admicadkoral0a.m.btrow8ut- mdaplrolteam days fW'-aaeonrtaerestyou" pis can call for ir The below Id contain omrririg items witich may be a iffiroddift 1. loadomt4f190SW2MAvemue,Miitrd-p CourtlyF The' apP(iant Is Mqueating a non -use variance t eudatin9 accessory abuchasa setback im than mW iliac, and awmvorwo ran-un venom n an fhb Si 2. WON= 10711 SIN 153 Street, iKw nl -parley Florida, TI»appilcaiw it iegias ut9 enures vaiiana to peasit aW *M sdbacic lea than regtwed from property tines Multiple nteaibaa d kmkvkko aonmmity council@ may ix Aa persons amentitled b atesd and to spw& at aoaing h the courts have ruled that it -19 improper to contact dy. ado oralyor in whiling, about mnergmppkgt Those do not head prior" the eating fiat torthis delayed btherbxtawNlebbzm*gtrear %rrreetkrgdate, Registration is available t o any Homeown", Association c be provided to its pesiftit on raring herrings irrtrokirrg r For more kdomvttion on thisragisbation procedure. please RUM other Af we av&IW aMWAII -DAM CCOUM DI ETOf PLA A REOU AT11ft 11th P4W.. 111 NW First Street Miami. iMonrwtimr is desired cal' 375 -2640. Hearing Section. F heakrgmVit rwhenmatinganiogrwy. Miemi-Dade county pravides equal seems and equ: MiDloymeet and does not disaft*%sts on the basis of dis& orservtces. For msbdsl ins"' format, a sign language aaaranod&W -, 010080 al 0ti84407 at least five days in r COIRYpllffry 2ZOHOG APPEALS BOARD THURSUY. FEBRUARY 5.12n. 7M P.3 SOUTH DADE GOVERNMENT CENTER . ROOM 2031, ..10110 SW 211 STREET; MIAMI -DARE COUNTY, 'A person who deckles to appeal MV. decision made by an ecmrnft n with respect to any matter considered at its rr will need a record of the proceedirgy Such person rosy a, verbatim record of the Proceedings is made, including evidence upon which Me sppaq is to ye based.. > CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: January 27, 1998 Agenda Item # Ir From: Diana Morris Re: Comm. Mtg. 02/03/98 Interim City Manager ERPB Appeal Resolution REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL OF A DECISION OF THE ENVIRONMENTAL REVIEW & PRESERVATION BOARD REGARDING ROADWAY CONFIGURATION AT THE PLANNED UNIT DEVELOPMENT WHICH IS LOCATED AT 8510 SW 57 AVENUE PURSUANT TO § 20- 6.2(A) OF THE LAND DEVELOPMENT CODE; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On December 2, 1997, the Environmental Review & Preservation Board (ERPB) voted 5:1 to approve the proposed roadway configuration for the Planned Unit Development on the property located at 8510 SW 57 Avenue. On December 9, 1997, Mr. Rodney Mandelstam filed an appeal on a form which was provided by the City Clerk's Office pursuant to Section 20- 6.2(A) of the City's Land Development Code. The City Attorney has been working toward a solution with the City Administration, in order to address the concerns of Mr. Mandelstam. An agreement will be presented at the next meeting. RECOMMENDATION: Deferral. Attachments: Draft Resolution (to be deferred) Copy of Section 20 -6.2 (A) of the Land Development Code Excerpted Copy of ERPB Minutes from December 2, 1997 Appeal application filed by Mr. Mandelstam with City Clerk Letter, dated December 9, 1997, from Mr. Mandelstam City Manager's Report: ERPB Appeal Resolution — 5 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 RESOLUTION NO. A,RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL OF A DECISION OF THE ENVIRONMENTAL REVIEW & PRESERVATION BOARD REGARDING ROADWAY CONFIGURATION AT THE PLANNED UNIT DEVELOPMENT WHICH-IS LOCATED AT 8510 SW 57 AVENUE PURSUANT TO § 20- 6.2(A) OF THE LAND DEVELOPMENT CODE; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 2, 1997, the ERPB, Environmental Review & Preservation Board, approved an application for the design of roadway improvements at 8510 SW 57 Avenue; and, WHEREAS, pursuant to § 20- 6.2(A) of the Land Development Code, an applicant, interested citizen or the City Administration may appeal a decision or recommendation by the ERPB; and, WHEREAS, Mr. Rodney Mandelstam has filed an appeal, pursuant to the authorization of said § 20 -6.2 (A) . NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The decision rendered by the Environmental Review & Preservation Board on December 2, 1997, relating to proposed roadway improvements at 8510 SW 57 Avenue, is hereby Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 3rd day of February, 1998. ATTEST: READ AND APPROVED AS TO FORM CITY ATTORNEY c:\ reports \ mandelstam appeal.doc ERPB Appeal Resolution: February 3, 1998 APPROVED: COMMISSION VOTE: Mayor Price: Vice Mayor Robaina: Commissioner Oliveros: Commissioner Young: Commissioner Bethel: g 20 -6.2 SOUTH '_%1L4NSI LAND DEVELOPMENT CODE 20 -6.2 Appeals. (A) ERPB Decisions; Time; Standing to Appeal. All decisions and recommendations of the environmental review and preservation board iERPB) shall be posted on the City Hall bulletin board immediately following the ERPB meeting. An applicant may obtain a building permit after noon of the day after the ERPB meeting, at which the application was approved, if all other requirements for the permit have been met. An appeal of an ERPB decision or recom- mendation may be filed at any time before a building permit is issued by filing same with the city clerk upon a form prescribed therefore. Appeals maybe taken by the applicant, interested citizens, or the city administration. (B) Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the city commis- sion, after notice of appeal has been filed with him, that because of the facts stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life or property or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of the Code: (C) Restraining Orders. If certification occurs in accordance with subsection (B) above, proceedings may not be 'stayed except by a restraining order, which may be granted by the city commission or by a,court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. (D) Appeal Hearing. The city commission shall hear and enter a decision on all appeals within sixty (60) days of the date of filing said appeal, and shall provide due notice of the appeal to the parties. (E) Commission Action. The city commission may reverse, affirm or modify any order, requirement, decision or determination appealed from and shall make any order, requirement, decision or determination that, in the city commission's opinion, ought to be made in the circumstances. , (F) Modification Allowed. When practical difficulties or unnecessary hardships would result from carrying out the strict letter of a Code provision, the city commission may, in passing upon] appeals, vary or modify any regulation or provision of the Code relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of the Code is observed, public safety and welfare secured, and substantial justice' done. (G) Prior Denials. The city commission shall not be required to hear an appeal or appli- cation previously denied if it finds that there has been no substantial change in conditions or circumstances bearing on the appeal or application. (Ord. No. 27- 92- 1522, 11 -3 -92; Ord. No. 10- 93- 1538, 7- 20 -93; Ord. No. 4 -94 -1553, § 1, 3 -1 -94) 140 SUMMARY MINUTES REGULAR MEETING ENVIRONMENTAL REVIEW & PRESERVATION BOARD December 2, 1997 8 :30AM I. CALL TO ORDER IL ROLL CALL A. Board members present constituting a quorum 1. Ms. Russell, Mr. Schiffer, Ms. Banks, Mr. Whitehead, Mr. Feliu, and Mr. Shaw B. City staff present 1. Brian Soltz (Planner) and David Struder (Board Secretary) III. REQUESTS FOR APPROVAL D. PLANNED UNIT DEVELOPMENT [EB -97 -020] Applicant: B.A. Carmona Associates (Engineer) Address: 8510 SW 57 Avenue Note: The planned unit development (PUD) approval process requires the applicant to appear before this board for final approval of all elements of the project. This application involves the final approval of the paving for the site. Staff: Staff recommends approval as submitted. 1. Mr. Shaw dismissed himself from deliberation of the application, due to conflict of interest. 2. Mr. Guillermo Acosta, of B.A. Carmona Associates, signed in and served as the representative. 3. Staff explained the application to the Board, noting that today's application involves paving and drainage for the PUD. 4. The Board and Mr. Acosta discussed the application. a. Mr. Acosta explained that the application is implementing what has been approved as part of the PUD for paving and drainage. b. Mr. Acosta further explained that drainage has been designed to meet Dade County's criteria. c. In ongoing review of the application, discussion transpired regarding the status of SW 84 Terrace as it pertains to the project. 5. Motion: Mr. Feliu moved approval of the application, as submitted. Mr. Whitehead seconded the motion. 6. Vote: Approved: 5 Opposed: 0 Abstained: 1 (Mr. Shaw) Excerpted ERPB Min 12 -02 -97 1 APPLICATION TO BE HEARD REGULAR CITY COMMISSION MEETING NAME:- h p hod�StQ DATE: ' g, )9a 7. ADDRESS: 'o-f--310 IC, Po,\ j oLtT* 3 3 iu 3 TELEPHONE NUMBER DURING BUSINESS HOURS: �) 117 ' •S�% p STATE REASON FOR WHICH YOU WANT TO BE HEARD: ITPPEfl L 0 t= � 4 ✓V—ljo Al .80,f MIS op v � OF z1 )�q'1 Pl► `` %15� -e.� a�, 46-caott- qs �•� �at►uo�e�. /1`sS ADDRESS OF PROPERTY: S % p S' I/l�' �" 7 �' U� �o H�j , l�/I l aw c , AJote, ti b � e-c_ 1 n Jc /o`J v� �i, la `1•a,� f �, t`�'eo�, "�7 G�2�t,�► •ref ln�t�L- Jq /If q T ukk RECEIVED DEC - 9 1997 f SOUTH MIAMI GYMNASTICS 'CENTER 8530 Red Road South Miami, FL 33143 December 9, 1997 South Miami Commissioners The City of South Miami Dear South Miami Commissioners, I have appealed the E.R.P.B.'s approval of the "SHAW PROPERTY" P.U.D. as it relates to final approval of paving for the site. [EB 97 -020]. As you know I have filed two lawsuits regarding this very subject matter. I am leaving for South Africa December 9, 1997, these plans having been made months ago. I therefore respectfully request that the Commission hearing dealing with my appeal is scheduled when I am back in the Country so that I can personally attend. I will definitely be back in time for your second meeting in January, 1998. Jespectfully Submitted, r Rod Mandelstam RECEIVED DEC 9 1997 L� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Diana Morri Interim City Manager REQUEST: Date: January 21, 1998 Cl Agenda Item# Re: Comm. Mtg. 02/03/98 "Adult Day Care" Similar Use A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA. RELATING TO THE APPROVAL OF A SIMILAR USE, PURSUANT TO SECTION 20 -3.3 (C)(5) OF THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S RECOMMENDATION THAT THE "ADULT DAY CARE CENTER" USE BE CLASSIFIED AS A USE THAT IS SIMILAR TO THE PERMITTED USE "DAY CARE CENTER (7 OR MORE CHILDREN)" ONLY; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: City Administration has received a request to permit licensure of an Adult Day Care Center at 6320 Sunset Drive. In order to permit this use, the request is being processed via the similar use provisions of Section 20- 3.3(C)(5). The attached resolution allows for adoption of the use. It is important to note that the conversion of a single- family residence to a commercial structure will require improvements to the property, such as potential water and /or sewer improvements, handicapped access, fire /life safety improvements and the provision of required parking spaces including handicapped parking spaces (which cannot be satisfied by on- street parking spaces). Pursuant to initial review by the Building Director, this is a change of use, and the building must be brought into full compliance with the 1994 South Florida Building Code. Considering both the age of the building and residential origin of the structure, this will be a very costly proposal. These issues have not been addressed by the applicant and may effect viability of the proposal. RECOMMENDATION: Approval of the use. Proposed Resolution for Adoption Staff Report by Director of Planning & Zoning Letter from Alex T. Zakharia, Property Owner Part V, Adult Day Care Centers, Chapter 400, F. S. City Manager's Report: "Adult Day Care" Similar Use Resolution 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE APPROVAL 6 OF A SIMILAR USE, PURSUANT TO SECTION 20 -3.3 (C) (5) OF 7 THE LAND DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S 8 RECOMMENDATION THAT THE "ADULT DAY CARE CENTER" USE BE 9 CLASSIFIED AS A USE THAT IS SIMILAR TO THE PERMITTED 10 USE "DAY CARE CENTER (7 OR MORE CHILDREN) ONLY; AND, 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, Section 20 -3.3 (C)(5) of the Code states that: 15 16 (5) New or unlisted uses of similar nature. 17 18 (a) The director of ... Planning & Zoning ... shall consider 19 the nature of the proposed use, its compatibility with 20 other uses permitted in the various districts and 21 determine the zoning district or districts within which 22 the use should be permitted, if any. 23 24 (b) The City Manager shall transmit the findings and 25 recommendations of the Director of Planning & Zoning 26 ... for the classification, proposed for any new or 27 unlisted use to the City, Commission for review at its 28 next regularly scheduled meeting. 29 30 (c) The City Commission shall approve the recommendations 31 of the Director or make such determination concerning 32 the classification of the new or unlisted use as it 33 determines appropriate 34 35 WHEREAS, no specific provision is presently made in the 36 City's adopted Land Development Code for the proposed use of an 37 "Adult Day Care Center;" and, 38 39 WHEREAS, Section 20 -3.3 (D) of the Land Development Code 40 provides for "Day Care Center (7 or more children)" as a 41 permitted use under the Public and Institutional Uses in the 42 Permitted Use Schedule; and, 43 44 WHEREAS, the Director has received a letter and forwarded a 45 report to the City Manager which recommends that the proposed use "Adult Day Care Similar Use Resolution: February 1998 rY � 1 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 of an "Adult Day Care Center" be classified as a "Day Care Center (7 or more children) " for the sole purpose of permitting the location in the appropriate zoning districts; and, WHEREAS, the City Manager has concurred that the use proposed as an "Adult Day Care Center" is an appropriate use in the zoning district where "Day Care Center (7 or more children)" is currently permitted and, thereby, recommends inclusion of the use to the Mayor and City Commission of the City of South Miami. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The proposed "Adult Day Care Center" use is hereby classified as a'use which is similar to the permitted use, "Day Care Center (7 or more children)," and is, therefore, permitted in the zoning districts where "Day Care Center (7 or more children)" is currently permitted with the same parking requirement which is one parking space for every 250 square feet of gross floor area. Section 2. The City Manager shall have final approval and authority over all matters regarding the determination of the applicant's compliance with the intent of these sections. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 3rd day of February, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY c:\ ... \ ldc \ Adult Day Care use.doc "Adult Day Care" Similar Use Resolution APPROVED: MAYOR COMMISSION VOTE: Mayor Price: Vice -Mayor Robaina: Commissioner Oliveros: Commissioner Young: Commissioner Bethel: February 3, 1998 ,1 UN CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Diana Morris Date: January 21, 1998 Interim City Manager From: Bill Mackey, AICP Re: "Adult Day Care Center" Use Director of Planning & Zoning "ADULT DAY CARE CENTER" USE Please, find the attached letter from Dr. Alex T. Zakharia, Property Owner, regarding a proposed use at 6320 Sunset Drive. Staff has reviewed the proposal and recommends that the new use may be approved as a use which is similar to the use "Day Care Center (7 or more children)" under the provisions of Section 20- 3.3(C)(5) of the City's adopted Land Development Code. It is noteworthy to mention that if approved for the subject property, the parking status for the property will be modified. The property is currently utilized as a single - family residential unit; and, any commercial use will require the provision of parking spaces, including handicapped parking. Improvements to both water and sewer systems may be required by the County; and, provisions for handicap accessibility and fire /life safety for the building will be required as well. This issue has been forwarded to the Building Director for initial review. Thank you. Recommendation: Approval of the use. c: Alex T. Zakharia, M.D., F.A.C.S., F.A.C.C. 6262 Sunset Drive, Suite 401 South Miami, Florida 33143 A DR. A ZAKHARIA 3056615799 1! A1_1'<X "r. ZAKHARIA, M.D.. F -A.CS_ F.A.C.C. TnORAVC ^NO CARMOVASGULAR SVR6ER+ 6262 SUNSET DRIVE. SUITE 401 SOUTH M ^W FLO"90A 33143 y TELEPt.ONS 1305) 65.1 -5757 (t FAX 43051661-5799 S Janu ry 20, 1998 Py. Dian. Morris, JAN Manager City of South Miami PLi 6130 Sunset Drive South Miami, Florida 33143 e �RE! 6320 SUNSET DRIVE S. MIAMI, FL 33143 I tj i j y i I I ! Dear!Ms. Morris: i As o►ners of 6320 Sunset Drive our desire is to leas !the j property for use as an adult tare center (7 or more «�iults). In; ; ! reviewing the permitted list schedules S. Miami code allows day care center ( 7 or more children) { i The pse would be from 9am to 2pm weekdays only, woul 'involve '! coun'seiing, tutorial and educational services. No m oical ! services or the like would be performed at any time. Sinc�a this usage is very similar to the day care cen r at for children we look forward to your early approval that we willinot lose the opportunity to lease the property. riedF�@ note [fidrt Ihexo is no additional parking requ ement sin* the van will bring and return the users. 1 The 3 or 4 employees already have ample parking. The Lsers will comply with all code requirements at all times. _ i. Than you for your prompt attention to this matter. ! Sincerely r { 1 y a PART V ADULT DAY CARE CENTERS » 400.55 Purpose. » 400.551 Definitions. » 400.552 Applicability. » 400.553 Exemptions; monitoring of adult day care center programs colocated with assisted living facilities or licensed nursing home facilities. » 400.554 License requirement; fee; exemption; display. » 400.555 Application for license. » 400.556 Denial. suspension, revocation of license; administrative fines; investigations and inspections. » 400.5565 Administrative fines; interest. » 400.557 Expiration of license; renewal; conditional license or permit. » 400.5571 Patients with Alzheimer's disease or other related disorders; certain disclosures. » 400.5575 Disposition of fees and administrative fines. » 400.558 Injunctive relief. 400.559 Closing or change of owner or operator of center. » 400.56 Right of entry and inspection. » 400.562 Rules establishing standards. » 400.563 Construction and renovation; requirements. » 400.564 Prohibited acts; penalty for violation. Edition 400.55 Purpose. 400.55 Purpose.- -The purpose of this part is to develop, establish, and enforce basic standards for adult day care centers in order to assure that a program of therapeutic social and health activities and services is provided to adults who have functional impairments, in a protective environment that provides as noninstitutional an atmosphere as possible. History. - -s. 1, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 1, 17, ch. 93 -215. Edition 400.551 Definitions. 400.551 Definitions. - -As used in this part, the term: r (1) "Adult day care center" or "center means any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. (2) "Agency" means the Agency for Health Care Administration. (3) "Basic services include, but are not limited to, providing a protective setting that is as noninstitutional as possible; therapeutic programs of social and health activities and services; leisure activities; self- -care training; rest; nutritional services; and respite care. (4) "Department" means the Department of Elderly Affairs. (5) "Multiple or repeated violations" means 2 or more violations that present an imminent danger to the health, safety, or welfare of participants or 10 or more violations within a 5 -year period that threaten the health, safety, or welfare of the participants. (6) "Operator" means the person having general administrative charge of an adult day care center. (7) "Owner" means the owner of an adult day care center. (8) "Participant" means a recipient of basic services or of supportive and optional services provided by an adult day care center. (9) "Supportive and optional services" include, but are not limited to, speech, occupational, and physical therapy; direct transportation; legal consultation; consumer education; and referrals for followup services. History. - -s. 2, ch. 78 -336; s. 2, ch. 81 -318; ss. 79 83, ch. 83 -181; ss. 2, 17, ch. 93 -215; s. 55, ch. 95 -418. Edition 400.552 Applicability. 400.552 Applicability.- -Any facility that comes withinthe definition of an adult day care center which is not exempt under s. 400.553 must be licensed by the agency as an adult day care center. History. - -s. 3, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 3, 17, ch. 93 -215. Edition 400.553 Exemptions: moni care center pro 400.553, Exemptions; monitoring of adult day care center programs colocated with assisted living facilities or licensed nursing home facilities.- - (1) The following are exempt from this part: (a) Any facility, institution, or other place that is operated by the Federal Government or any agency thereof. (b) Any freestanding inpatient hospice facility that is licensed by the state and which provides day care services to hospice patients only. (2) A licensed assisted living facility, a licensed hospital, or a licensed nursing home facility may provide services during the day which include, but are not limited to, social, health, therapeutic, recreational, nutritional, and respite services, to adults who are not residents. Such a facility need not be licensed as an adult day care center; however, the agency must monitor the facility during the regular inspection and at least biennially to ensure adequate space and sufficient staff. If an assisted living facility, a hospital, or a nursing home holds itself out to the public as an adult day care center, it must be licensed as such and meet all standards prescribed by statute and rule. History. - -s. 4, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; s. 6, ch. 88 -235; ss. 4, 17, ch. 93 -215; s. 20, ch. 95 -210. Edition 400.554 License requirement; fee; exemption; display. 400.554 License requirement; fee; exemption; display.-- (]) It is unlawful to operate an adult day care center without first obtaining from the agency a license authorizing such operation. The agency is responsible for licensing adult day care centers in accordance with this part. (2) Separate licenses are required for centers operated on separate premises, even though operated under the same management. Separate licenses are not required for separate buildings on the same premises. (3) The biennial license fee required of a center shall be determined by the department, but may not exceed $150. (4) County - operated or municipally operated centers applying for licensure under this part are exempt from the payment of license fees. (5) The license for a center shall be displayed in a conspicuous place inside the center. (6) A license is valid only in the possession of the individual, firm, partnership, association, or corporation to which it is issued and is not subject to sale, assignment, or other transfer, voluntary or involuntary; nor is a license valid for any premises other than the premises for which originally issued. History. - -s. 5, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 5, 17, ch. 93 -215. Edition 400.555 Application for license 400.555 Application for license. -- (1) An application for a license to operate an adult day care center must be made to the agency on forms furnished by the agency and must be accompanied by the appropriate license fee unless the applicant is exempt from payment of the fee as provided in s. 400.554(4). (2) The applicant for licensure must furnish: (a) A description of the physical and mental capabilities and needs of the participants to be served and the availability, frequency, and intensity of basic services and of supportive and optional services to be provided; (b) Satisfactory proof of financial ability to operate and conduct the center in accordance with the requirements of this part, which must include, in the case of an initial application, a 1 -year operating plan and proof of a 3 -month operating reserve fund; and (c) Proof of adequate liability insurance coverage. History. - -s. 6, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 6, 17, ch. 93 -215. Edition 400.556 Denial suspension revocation of license; administrative fines; investigations and inspections. 400.556 Denial, suspension, revocation of license; administrative fines; investigations and inspections. -- (1) The agency may deny, revoke, or suspend a license under this part or may impose an administrative fine against the owner of an adult daycare center or its operator or employee in the manner provided in chapter 120. (2) Each of the following actions by the owner of an adult day care center or by its operator or employee is a ground for action by the agency against the owner of the center or its operator or employee: (a) An intentional or negligent act materially affecting the health or safety of center participants. (b) A violation of this part or of any standard or rule under this part. (c) A confirmed report of adult abuse, neglect, or exploitation, as defined in s. 415.102, or of child abuse or neglect, as defined in I s. 415.503, which report has been upheld following a hearing held pursuant to chapter 120 or a waiver of such hearing. (d) Failure to follow the criteria and procedures provided under part I of chapter 394 relating to the transportation, voluntary admission, and involuntary examination of center participants. (e) Multiple or repeated violations of this part or of any standard or rule adopted under this part. (3) The agency is responsible for all investigations and inspections conducted pursuant to this part. History. - -s. 7, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 7, 17, ch. 93 -215; s. 40, ch. 96 -169. I Note. - -As amended by s. 43, ch. 95 -228, s. 415.503 does not define the term "confirmed report." Edition 400.5565 Administrative fines; interest. 400.5565 Administrative fines; interest. (1) (a) If the agency determines that an adult day care center is not operated in compliance with this part or with rules adopted under this part, the agency, notwithstanding any other administrative action it takes, shall make a reasonable attempt to discuss with the owner each violation and recommended corrective action prior to providing the owner with written notification. The agency may request the submission of a corrective action plan for the center which demonstrates a good faith effort to remedy each violation by a specific date, subject to the approval of the agency. (b) The owner of a center or its operator or employee found in violation of this part or of rules adopted under this part may be fined by the agency. A fine may not exceed $500 for each violation. In no event, however, may such fines in the aggregate exceed $5,000. (c) The failure to correct a violation by the date set by the agency, or the failure to comply with an approved corrective action plan, is a separate violation for each day such failure continues, unless the agency approves an extension to a specific date. (d) If the owner of a center or its operator or employee appeals an agency action under this section and the fine is upheld, the violator shall pay the fine, plus interest at the legal rate specified in s. 687.01 for each day that the fine remains unpaid after the date set by the agency for payment of the fine. (2) In determining whether to impose a fine and in fixing the amount of any fine, the agency shall consider the following factors: (a) The gravity of the violation, including the probability that death or serious physical or emotional harm to a participant will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated. (b) Actions taken by the owner or operator to correct violations. (c) Any previous violations. (d) The financial benefit to the center of committing or continuing the violation. History. - -ss. 64, 83, ch. 83 -181; ss. 8, 17, ch. 93 -215. Edition 400.557 Expiration of license, conditional license or Permit. 400.557 Expiration of license; renewal; conditional license or permit. -- (1) A license issued for the operation of an adult day care center, unless sooner suspended or revoked, expires 2 years after the date of issuance. The agency shall notify a licensee by certified mail, return receipt requested, at least" 120 days before the expiration date that license renewal is required to continue operation. At least 90 days prior to the expiration date, an application for renewal must be submitted to the agency. A license shall be renewed, upon the filing of an application on forms furnished by the agency, if the applicant has first met the requirements of this part and of the rules adopted under this part. The applicant must file with the application satisfactory proof of financial ability to operate the center in accordance with the requirements of this part and in accordance with the needs of the participants to be served. (2) A licensee against whom a revocation or suspension proceeding is pending at the time for license renewal may be issued a conditional license effective until final disposition by the agency of the proceeding. If judicial relief is sought from the final disposition, the court having jurisdiction may issue a conditional permit effective for the duration of the judicial proceeding. (3) The agency may issue a conditional license to an applicant for license renewal or change of ownership if the applicant fails to meet all standards and requirements for licensure. A conditional license issued under this subsection must be limited to a specific period not exceeding 6 months, as determined by the agency, and must be accompanied by an approved plan of correction. History. - -s. 8, ch. 78 -336; s. 2, ch. 81 -315; ss. 79, 83, ch. 83 -181; ss. 9, 17, ch. 93 -215. Edition 400.5571 Patients with Alzheimer's disease or other related disorders; certain disclosures 400.5571 Patients with Alzheimer's disease or other related disorders; certain disclosures. - -A center licensed under this part which claims that it provides special care for persons who have Alzheimer's disease or other related disorders must disclose in its advertisements or in a separate document those services that distinguish the care as being especially applicable to, or suitable for, such persons. The center must give a copy of all such advertisements or a copy of the document to each person who requests information about the center and must maintain a copy of all such advertisements and documents in its records. The agency shall examine all such advertisements and documents in the center's records as part of the license renewal procedure. History. - -s. 4, ch. 93 -105. Edition 400.5575 Disposition of fees and administrative fines 400.5575 Disposition of fees and administrative fines.- -Fees and fines received by the agency under this part shall be deposited in the Health Care Trust Fund established pursuant to 1 s. 455.2205. These funds may be used to offset the costs of the licensure program, including the costs of conducting background investigations, verifying information submitted, and processing applications. History. - -ss. 65, 83, ch. 83 -181; ss. 10, 17, ch. 93 -215. I Note. -- Transferred to s. 408.16 by s. 59, ch. 97 -261. Edition 400.558 Injunctive relief. 400.558 Injunctive relief. -- (1) The agency may institute an action for injunctive relief in a court of competent jurisdiction to: (a) Enforce the provisions of this part or any standard, rule, or order issued or entered into pursuant to this part; or (b) Terminate the operation of an adult day care center for: 1 Failure to take preventive or corrective measures in accordance with an order of the agency; 2. Failure to abide by a final order of the agency; or 3. Violation of any provision of this part or of any rule or standard adopted pursuant to this �11'��,,, . . . . . . . . . rT ....... Is I part, which violation constitutes an emergency requiring immediate action. (2) The court may grant temporary or permanent injunctive relief. History. - -s. 9, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 11, 17, ch. 93 -215. Edition 400.559 Closing, or change of owner or operator of center. 400.559 Closing or change of owner or operator of center. -- (1) Before operation of an adult day care center may be voluntarily discontinued, the operator must inform the agency in writing at least 60 days prior to the discontinuance of operation. The operator must also, at such time, inform each participant of the fact and the proposed date of such discontinuance. (2) Immediately upon discontinuance of the operation of a center, the owner or operator shall surrender the license for the center to the agency, and the license shall be canceled by the agency. (3) If a center has a change of ownership, the new owner shall apply to the agency for a new license at least 60 days before the date of the change of ownership. (4) If a center has a change of operator, the new operator shall notify the agency in writing within 30 days after the change of operator. History. - -s. 10, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 12, 17, ch. 93 -215. Edition 400.56 Right of entry and inspection. 400.56 Right of entry and inspection. - -Any duly designated officer or employee of the agency or department has the right to enter the premises of any adult day care center licensed pursuant to this part, at any reasonable time, in order to determine the state of compliance with this part and the rules or standards in force pursuant to this part. The right of entry and inspection also extends to any premises that the agency has reason to believe are being operated as a center without a license, but no entry or inspection of any unlicensed premises may made without the permission of the owner or operator unless a warrant is first obtained from the circuit court authorizing entry or inspection. Any application for a center license or license renewal made pursuant to this part constitutes permission for, and complete acquiescence in, any entry or inspection of the premises for which the license is sought in order to facilitate verification of the information submitted on or in connection with the application. History. - -s. 11, ch. 78 -336; s. 2, ch. 81 -318; ss. 79, 83, ch. 83 -181; ss. 13, 17, ch. 93 -215. Edition 400.562 Rules establishing standards. 400.562 Rules establishing standards. -- (1) The Department of Elderly Affairs, in conjunction with the agency, shall adopt rules to implement the provisions of this part. The rules must include reasonable and fair standards. Any conflict between these standards and those that may be forth in local, county, or municipal ordinances shall be resolved in favor of those having statewide effect. Such standards must relate to: (a) The maintenance of adult day care centers with respect to plumbing, heating, lighting,