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12-02-97Samoa W MAYOR: Anna M. Price, Ph.D. CITY MANAGER: L. Dennis Whitt 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: December 2, 1997 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: December 16, 1997 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. Presentations: 1. Mr. Robert L. Ferreira, Sister Cities Program ITEMS FOR THE COMMISSION'S CONSIDERATION: 2. Approval of Minutes: Regular City Commission Minutes - November 18, 1997 3. City Manager's Report: 4. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - December 2, 1997 CONSENT AGENDA 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VARIOUS VENDORS THAT HAVE BEEN DETERMINED TO CONSISTENTLY OFFER THE BEST PRICES ON GOODS AND /OR SERVICES USED BY THE CITY AND APPROVING DISBURSEMENT OF FUNDS TO PAY FOR THESE GOODS AND /OR SERVICES FROM APPROPRIATE ACCOUNTS AS APPROPRIATED IN CURRENT FISCAL YEAR'S BUDGET. (Administration) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS FROM THE PARKS & RECREATION DEPARTMENT FROM ACCOUNT NUMBER 2000 -4620, "MAINTENANCE & REPAIR - OPERATING EQUIPMENT", FOR THE AMOUNT OF $2,063.00 TO REPLACE A SLIDE LOCATED AT DANTE FASCELL PARK. (Administration /Parks & Rec.) 3/5 ORDINANCE (S) SECOND READING PUBLIC NEARING(S) There are none RESOLUTION(S) 7. 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 "SMOOTHIE" USE BE CLASSIFIED AS A USE THAT IS SIMILAR TO THE PERMITTED USE "TEA ROOM;" AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /P &Z) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR FUNDS BY TEEN PREGNANCY PREVENTION CENTER FOR OPERATION OF THEIR ORGANIZATION. FUNDS ALLOCATED WILL BE PAID FROM (Vice Mayor Robaina) 3/5 REGULAR CITY COMMISSION 2 AGENDA - December 2, 1997 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COUNTY DEED WHICH CONVEYS LAND OVER THE CITY FOR ROAD CONSTRUCTION. (Administration) 3/5 ORDINANCE(S) FIRST READING 10. 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. (Vice Mayor Robaina) 3/5 PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 3 AGENDA - December 2, 1997 City of South Miami Parks & Recreation Department Inter- Office Memorandum TO: Mayor & Commission FROM: L. Dennis Whitt City Manager DATE: November 28, 1997 SUBJECT: Agenda Item # —�r_ Commission Meeting December 2, 1997 Open Purchase Orders to Various Vendors ------------------------------------------- - - - - -- The attached resolution seeks the approval of Open Purchase Orders for vendors frequently used by all divisions of the Parks & Recreation Department. The use of open purchase orders will expedite the purchasing process, which currently suffers from delays associated with the solicitation of price quotes for each individual purchase. The vendors listed in the attached resolution have been generally shown to offer the most competitive prices based on the low price quote procedure applied over the past year. Aside from cost considerations, the Parks & Recreation Department has been satisfied with the quality of the products /services and the speed of delivery provided by these vendors. I recommend approval. C:\ViTDOCS\Comniissim.Whittvndors97 1 2 3 4 5 6 7 8 9 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VARIOUS VENDORS THAT HAVE BEEN DETERMINED TO CONSISTENTLY OFFER THE BEST PRICES ON GOODS AND /OR SERVICES USED BY THE CITY AND APPROVING DISBURSEMENT OF FUNDS TO PAY FOR THESE GOODS AND /OR SERVICES FROM APPROPRIATE ACCOUNTS AS APPROPRIATED IN CURRENT FISCAL YEAR'S BUDGET. 10 WHEREAS, as part of its' centralized purchasing procedures, 11 the City Administration intends to implement an open purchase order 12 system to facilitate acquisition of goods and /or services, and; 13 WHEREAS, for internal control, the City Manager is 14 recommending that the vendor specific open purchase orders be 15 issued for a specific amount which is not to be exceeded and which 16 is applicable for a limited time period, and; 17 WHEREAS, by means of repeatedly obtaining competitive bids 18 over the course of months and in some cases years, the City 19 Administration has determined that the vendors listed under Section 20 1 below consistently offer the best prices and product quality on 21 their respective goods and /or services and wishes to issue open 22 purchase order to them. 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 24 OF THE CITY OF SOUTH MIAMI, FLORIDA: 25 Section 1. The City Manager is authorized to issue open 26 purchase orders for the 1997 -1998 fiscal year to the following 27 vendors in the amount indicated below: 28 Vendor Name Amount Account Number 29 BSN Sports $2,500.00 001 - 2000 - 572.4620 30 ACE Lawnmower $ 500.00 001- 2000 - 572.4620 31 Tropical Falls Landscape Inc. $4,000.00 001 -2000- 572.4620 32 Florida Silica Sands $5,000.00 001 - 2000 - 572.4620 33 Amerilumber $1,500.00 001- 2000 - 572.4620 34 Lesco $3,500.00 001 -2000- 572.4620 35 Island Fence $2,500.00 001- 2000 - 572.4620 36 37 38 Section 2. The disbursement of funds to pay for the open 39 purchase orders be charged to the Parks & Recreation Department 40 through the listed account numbers determined by the 41 Administration. 42 Pane 2 43 Section 3. This resolution shall take effect 44 immediately upon approval. 45 PASSED AND ADOPTED this day of December, 1997. 46 ATTEST: 47 48 CITY CLERK 49 READ AND APPROVED AS TO FORM: 50 51 CITY ATTORNEY 5 2 - \res.vendors97 APPROVED: MAYOR 5 s City of South Miami inter- Office Memorandum TO: ayor & Commission FROM: L. Dennis Whitt City Manager DATE: SUBJECT: November 28, 1997 Agenda (0 ge da I to m # Commission Meeting December 2, 1997 Playground Equipment Replacement - Slide Dante Fascell Park The attached resolution seeks the approval for the purchase of a slide to replace the present one at Dante Fascell Park due to deterioration. The replacement comes from a Metro Dade County bid which the Parks & Recreation Department will "piggyback" off from. The purchase order will not exceed $2,063.00. The funds will be released from account number 2000 -4620, "Maintenance & Repair - Operating Equipment ", for the vendor Dominica Recreation Products, Inc. I recommend approval. C:\WPDOCS\ComniiWan.SlideWhitt97 1 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 RELEASE FUNDS FROM THE PARKS & RECREATION DEPARTMENT FROM 5 ACCOUNT NUMBER 2000 -4620, "MAINTENANCE & REPAIR - 6 OPERATING EQUIPMENT ", FOR THE AMOUNT OF $2,063.00 TO 7 REPLACE A SLIDE LOCATED AT DANTE FASCELL PARK. 8 WHEREAS, pursuant to Article III, Section 5, H, of the City 9 Charter which requires competitive bids from at least three 10 different sources of supply, the Parks & Recreation Department will 11 "piggyback" off Metro Dade County bid, to replace a slide at Dante 12 Fascell Park, and; 13 WHEREAS, as a result of monthly reviews of all the parks 14 playground equipment, and a review from the Florida League of 15 Cities, a slide needs to be replaced at Dante Fascell Park due to 16 deterioration, the slide has been deemed unsafe, and; 17 18 WHEREAS, the Parks & Recreation Department needs to replace 19 this playground equipment immediately, the vendor chosen is that 20 off a Metro Dade County bid list to keep cost down. 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 22 OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 Section 1. That a purchase order is hereby awarded to 24 Dominica Recreation Products, Inc., in an amount not to exceed 25 $2,063.00 for a slide to be placed in Dante Fascell Park. 26 27 Section 2. That the disbursement for this item be charged 28 to the Parks & Recreation Department account number 2000 -4620, 29 "Maintenance & Repair - Operating Equipment ". 30 Section 3. This resolution shall take effect 31 immediately upon approval. 32 PASSED AND ADOPTED this day of December, 199.7. 33 ATTEST: 34 35 CITY CLERK 36 37 38 READ AND APPROVED AS TO FORM: CITY ATTORNEY a: \res.slidedominca57 APPROVED: MAYOR �V_� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Ma or and City Commission Date: November 28, 1997 Agenda Item # From: L. aDennisleft Re: Comm. Mtg. 12/02/97 City Manager "Smoothie" Similar Use WIN 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 LAM) DEVELOPMENT CODE, ACCEPTING THE CITY MANAGER'S RECOMMENDATION THAT THE "SMOOTHIE" i ISE BE CLASSIFIED AS A USE THAT IS SIMILAR TO THE PERMITTED USE "TEA ROOM," AND. PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: City Administration has received a request to permit licensure of a South Beach Smoothie store at 7222 Red Road. 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. RECOMMENDATION:_ Approval. Proposed Resolution for Adoption Staff Report by Director of Planning & Zoning Letter from Andrew Bellinson, President, SBS City Manager's Report: "Smoothie" 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 "SMOOTHIE" USE BE CLASSIFIED AS 9 A USE THAT IS SIMILAR TO THE PERMITTED USE "TEA ROOM;'° 10 AND, PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, Section 20 -3.3 (C)(5) of the Code states that: 14 15 (5) New or unlisted uses of similar nature. 16 17 (a) The director of ... Planning & Zoning ... shall consider 18 the nature of the proposed use, its compatibility with 19 other uses permitted in the various districts and 20 determine the zoning district or districts within which 21 the use should be permitted, if any. 22 23 (b) The City Manager shall transmit the findings and 24 recommendations of the Director of ... Planning & Zoning 25 ... for the classification proposed for any new or 26 unlisted use to the City Commission for review at its 27 next regularly scheduled meeting. 28 29 (c) The City Commission shall approve the recommendations 30 of the Director or make such determination concerning 31 the classification of the new or unlisted use as it 32 determines appropriate. 33 34 WHEREAS, no specific provision is presently made in the 35 adopted Land Development Code for the use "Smoothie;" and, 36 37 WHEREAS, Section 20 -3.3 (D) of the Land Development Code 38 provides for "Tea Room" as a permitted use under Retail and 39 Wholesale Trade in the Permitted Use Schedule; and, 40 41 WHEREAS, the Director has received a letter and forwarded a 42 report to the City Manager which recommends that "Smoothie" be 43 classified as a "Tea Room" for the sole purpose of permitting the 44 location in the appropriate zoning district; and, 45 "Smoothie" Similar Use Resolution: December 2, 1997 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 WHEREAS, the City Manager has concurred that "Smoothie" is an appropriate use in the zoning district where "Tea Room" 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 "Smoothie" use is hereby classified as a use which is similar to the permitted use, "Tea Room," and is, therefore, permitted in the "SR" Specialty Retail /Residential zoning district where "Tea Room" is currently permitted. 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 2nd day of December, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY c:\ ... \ I& \ Smoothie - use.doc t_]14110I 14 MAYOR COMMISSION VOTE: Mayor Price: Vice -Mayor Robaina: Commissioner Oliveros: Commissioner Young: Commissioner Bethel: "Smoothie" Similar Use Resolution: December 2, 1997 _41011b. CITY OF SOUTH MIAMI myINTER - OFFICE MEMORANDUM To: L. Dennis Whitt Date: November 28, 1997 City Manager From: Bill Mackey, AICP Re: "Smoothie" Use Director of Planning & Zoning "SMOOTHIE" USE Please, find the attached letter from Mr. Andrew Bellinson, President, of South Beach Smoothie, regarding a proposed use at 7222 Red Road. Staff has reviewed the proposal and recommends that the new use may be approved as a use which is similar to the use "Tea Room" 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. Currently, with no on -site parking, the space at 7222 Red Road is grandfathered for retail use which requires one parking space per 300 square feet of gross floor area. "Tea Room" only requires one parking space per every 400 square feet of gross floor area; therefore, if a "Tea Room" or the propose similar use of "Smoothie" is licensed for this space, then the space cannot again be used for retail without the provision of additional parking. Recommendation: Approval with the Written Consent of the Property Owner. c: Mr. Andrew Bellinson 1549 Sunset Drive Coral Gables, Florida 33143 Louis M. Jepeway, Jr. 19 W. Flagler Street, # 407 Miami, Florida 33130 7 Mr. Brian Soltz Planner City of South Miami 6130. Sunset Dr. Second Floor South Miami, FL 33143 I D R I V E Mr. Soltz: ' The issue of parking has been raised for our proposed site in South Miami at 7222 S.W.57th Avenue, the former Goody Bakery - location. The crux of the problem is whether South Beach Smoothie C o R A L (SBS) is a retail store or a restaurant. Further consideration must be given to whether SBS should be classified as an ice &earn shop or a different category. The first criteria of a restaurant is cooking, food°preparation, and a c A s L E s dining area. SBS does neither cooking nor heating of any kind. We have never needed a venting system or a grease trap. Our product is purely blended. Secondly, SBS does not have tables and chairs, an - another common characteristic of an "eating establishment ". Finally, F L O R I D A SBS has never been required to have a public restroom, rather a handicap, unisex, employee restroom. This brings us to the next prong of our assessment. The stores have beerrzoned as "retail take -out only" by Coral Gables, a "214 retail 3 3 1 4 3 store" by Dade County, and a "health food store" by the State of Florida. (Please see attached examples 1,2 &3.) These three licenses appear-to state the case that we are not a restaurant. The lack of traditional restaurant accouterments further backs the proposition that we are not a restaurant but a take -out only retail location. The issue of whether SBS should fall under "Ice Cream Shops" rather than a separate category of smoothie /juice bars is clear due to a number of differences. SBS smoothies are made to go. Every drink is served in a cup with a lid and straw. The cups are made of P:305.666.2153 recyclable siyrofoam and are never reused. No spoons or forks are F:305.661.5546 PRINTED ON OBSESSIVELY RECYCLED PAPER R 1 5 *4 9 S U N S E T Mr. Brian Soltz Planner City of South Miami 6130. Sunset Dr. Second Floor South Miami, FL 33143 I D R I V E Mr. Soltz: ' The issue of parking has been raised for our proposed site in South Miami at 7222 S.W.57th Avenue, the former Goody Bakery - location. The crux of the problem is whether South Beach Smoothie C o R A L (SBS) is a retail store or a restaurant. Further consideration must be given to whether SBS should be classified as an ice &earn shop or a different category. The first criteria of a restaurant is cooking, food°preparation, and a c A s L E s dining area. SBS does neither cooking nor heating of any kind. We have never needed a venting system or a grease trap. Our product is purely blended. Secondly, SBS does not have tables and chairs, an - another common characteristic of an "eating establishment ". Finally, F L O R I D A SBS has never been required to have a public restroom, rather a handicap, unisex, employee restroom. This brings us to the next prong of our assessment. The stores have beerrzoned as "retail take -out only" by Coral Gables, a "214 retail 3 3 1 4 3 store" by Dade County, and a "health food store" by the State of Florida. (Please see attached examples 1,2 &3.) These three licenses appear-to state the case that we are not a restaurant. The lack of traditional restaurant accouterments further backs the proposition that we are not a restaurant but a take -out only retail location. The issue of whether SBS should fall under "Ice Cream Shops" rather than a separate category of smoothie /juice bars is clear due to a number of differences. SBS smoothies are made to go. Every drink is served in a cup with a lid and straw. The cups are made of P:305.666.2153 recyclable siyrofoam and are never reused. No spoons or forks are F:305.661.5546 PRINTED ON OBSESSIVELY RECYCLED PAPER 5 U N 5 E T i D, R I V E C O R A L G A B L E 5� F L O R I D A 3 3 1 4 3 P:305.666.2153 F:305.661 -1546 a, available and napkins are rarely requested, because the product is clean, easily transportable and con'sumed.on the go. t The ice cream consumer often waits around and consumes his purchase on the,premises. The reason for this is the ice cream product itself A cone may drip and melt while being eaten; Therefor, the need for napkins, to wash one's hands or get a drink of water. The second product of an ice cream store is sundaes. This product is served to be eaten at the restaurant. The sundae, served with a spoon, overflowing. above the dish and without the lid, is clearly to be eaten on site. This product is impossible to eat on the go. This forces the consumer to linger in the store, congregate and require parking spaces. ti On -the operational side SBS hg's many distinctions from a restaurant or ice cream shop: First, the amount of employees that work at any one time; second, the amount of customers within the store at any moment; and third, the equipment that is used to make the product. SBS operates with one employee. Who, runs the register, takes orders, acts as manager and is the Smoothie Chef. In a restaurant "'there is a division of labor between host, waiter, chef, busboy, manager, and dishwasher. Similarly in an ice cream store there is a great deal of labor. To illustrate these points look to Wrapido (6 -8 employees all the time) or the previous two occupants of that A location, a coffee cafe and an ice cream shop (3 employees). SBS has a constant trickle of customers. An average 12 -hour day is about two hundred drinks, 16.6 drinks per hour. This is precisely as it occurs. From early to late our customers trickle through the door coming from the gym, for a light Inch, afternoon snacks "and late energizers for an evening of work. They do not come in bunches and this allows us to keep our labor low and the traffic flowing. The • customers are in and out within five minutes, rarely allowing for more than two customers at any time. Our customers are busy people that supplement their fast food and processed diet with some natural, PRINTED ON OBSE551VELY RECYCLED PAPER m 1 5 4 9 i 5 U N 5 E T i D, R I V E C O R A L G A B L E 5� F L O R I D A 3 3 1 4 3 P:305.666.2153 F:305.661 -1546 a, available and napkins are rarely requested, because the product is clean, easily transportable and con'sumed.on the go. t The ice cream consumer often waits around and consumes his purchase on the,premises. The reason for this is the ice cream product itself A cone may drip and melt while being eaten; Therefor, the need for napkins, to wash one's hands or get a drink of water. The second product of an ice cream store is sundaes. This product is served to be eaten at the restaurant. The sundae, served with a spoon, overflowing. above the dish and without the lid, is clearly to be eaten on site. This product is impossible to eat on the go. This forces the consumer to linger in the store, congregate and require parking spaces. ti On -the operational side SBS hg's many distinctions from a restaurant or ice cream shop: First, the amount of employees that work at any one time; second, the amount of customers within the store at any moment; and third, the equipment that is used to make the product. SBS operates with one employee. Who, runs the register, takes orders, acts as manager and is the Smoothie Chef. In a restaurant "'there is a division of labor between host, waiter, chef, busboy, manager, and dishwasher. Similarly in an ice cream store there is a great deal of labor. To illustrate these points look to Wrapido (6 -8 employees all the time) or the previous two occupants of that A location, a coffee cafe and an ice cream shop (3 employees). SBS has a constant trickle of customers. An average 12 -hour day is about two hundred drinks, 16.6 drinks per hour. This is precisely as it occurs. From early to late our customers trickle through the door coming from the gym, for a light Inch, afternoon snacks "and late energizers for an evening of work. They do not come in bunches and this allows us to keep our labor low and the traffic flowing. The • customers are in and out within five minutes, rarely allowing for more than two customers at any time. Our customers are busy people that supplement their fast food and processed diet with some natural, PRINTED ON OBSE551VELY RECYCLED PAPER m S U N S E T D R I V E C O R A L G A B L E S 'FLORIDA 3 3 1 4 3 P:305.666.2153 healthy fortifying drinks. These people do not have time to waste and dawdle while they drink their smoothie. A bench is available for customers to wait the 2 -3 minutes while their drink blends, but that is not a congestion- causing event.. The product blends fresh and quickly but not employing any mass production machines. This segues to the final point of this discussion. As previously stated SBS does not have vents or grease traps, which is normally associated with restaurants. Furthermore; according to the state and other municipalities,. SBS has never needed to offer public restrooms. This would only be allowed if we truly are only a take- out establishment. Finally, SBS does not offer ice cream, frozen yogurt, or any other mass produced frozen item. Our product is fruit blended with fortifying supplements and ice. It is a drink that is served and consumed "to go ". The next event in our customers' lives must be attended to, no time to waste. This is why SBS does not have cafe or ice cream parlor chairs and tables. They would go unused. Furthermore, there is no space in a ten foot wide location to put any sitting arrangements. _ All.of these distinctions brings us to why SBS should be grantgd special status regarding parking and zoning. SBS is a unique business that has long catered to the residents of South Miami. The specific attributes of this busine `s and its customers do not allow it to be considered either a restaurant or a confectionery/ice cream shop, it is truly retail. SBS is a take out outlet with limited need for r employees , equipment, retail space and parking. That is why the Goody Bakery spot is a perfect fit for this venture. a I apologize for the length of this letter and for any informalities. However, time is of the essence, our lease is not being renewed at our Sunset location due to redevelopment and we do not want to leave the South Miami downtown neighborhood. We have been on Sunset for five years and even had a small restaurant location at 4 F:305.661.5546 PRINTED ON OBSESSIVELYSRECYCLED PAPER 0 17 r, v 1 5 4 9 S U N S E T D R I V E C O R A L G A B L E S 'FLORIDA 3 3 1 4 3 P:305.666.2153 healthy fortifying drinks. These people do not have time to waste and dawdle while they drink their smoothie. A bench is available for customers to wait the 2 -3 minutes while their drink blends, but that is not a congestion- causing event.. The product blends fresh and quickly but not employing any mass production machines. This segues to the final point of this discussion. As previously stated SBS does not have vents or grease traps, which is normally associated with restaurants. Furthermore; according to the state and other municipalities,. SBS has never needed to offer public restrooms. This would only be allowed if we truly are only a take- out establishment. Finally, SBS does not offer ice cream, frozen yogurt, or any other mass produced frozen item. Our product is fruit blended with fortifying supplements and ice. It is a drink that is served and consumed "to go ". The next event in our customers' lives must be attended to, no time to waste. This is why SBS does not have cafe or ice cream parlor chairs and tables. They would go unused. Furthermore, there is no space in a ten foot wide location to put any sitting arrangements. _ All.of these distinctions brings us to why SBS should be grantgd special status regarding parking and zoning. SBS is a unique business that has long catered to the residents of South Miami. The specific attributes of this busine `s and its customers do not allow it to be considered either a restaurant or a confectionery/ice cream shop, it is truly retail. SBS is a take out outlet with limited need for r employees , equipment, retail space and parking. That is why the Goody Bakery spot is a perfect fit for this venture. a I apologize for the length of this letter and for any informalities. However, time is of the essence, our lease is not being renewed at our Sunset location due to redevelopment and we do not want to leave the South Miami downtown neighborhood. We have been on Sunset for five years and even had a small restaurant location at 4 F:305.661.5546 PRINTED ON OBSESSIVELYSRECYCLED PAPER 0 17 r, 1 5 4 9 ,? Bodyworks in the Bakery Centre before the development of the S u N 5 E T Shoppes at Sunset. It is imperative to us at South Beach Smoothie that we stay in South Miami and continue to, enjoy the professional and personal success that has occurred in our present location. Please contact me regarding any question4 or concerns. Thank you for your attention to this matter. • Since ely, Be mson C o R A L `Presi ent South Beach Smoothie G A B L E S a � e .s f F L O R I D A 3 3 1 4 3 r P:305.666.2153 ft F:305.661.5.546 PRINTED ON OBSESSIVELY RECYCLED PAPER A EXAMPLE A CITY OF CORAL GABLES BUILDING AND ZONING DEPARTMENT CERTIFICATE OF USE PO BOX 141549 -- -- < << RECEIPT FOR ..CERTIFICATE OF tT3 FEE ? W x 154.9 _SUNSET RD. Celt# 413a00g147a �� Status.. Renewed .36,64.- 41 PB 2B -32 S` Exg Da'e 09/8/96 COR-. GABI{E3: RIVIERA.'- EEC 1.4 J:� ' ` �� fnt'Amt �a.d:35 �40 :on :o8 /s1 2ND. REV LOTS 5. `& 6 '& LOT 7 E3S RkkioTAKE, -.ox w w I { E2.06FT &OW18.15FT OF 869 SOUTH BEACH SMOOTHIE SOUTH BEACH SMOOTHIE - 1549 SUNSET ROAD CORAL GABLES FL 33143 6 EXAMPLE B 277493 -4 BUSINESS NAME /LOCATION SOUTH BEACH SMOOTHIE 1549 SUNSET RD 33146 CORAL GABLES OWNER UNEMPLOYED•ATTORNEYS INC Sec. Type of Business 214 RETAIL STORE THIS IS AN OCCUPA- TIONAL TAX ONLY IT DOES NOT PERMIT THE LICENSEE TO VIOLATE ANY EXISTING REGULA• TORY OR ZONING LAWS FIRST CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 RENEWAL LICENSE NO. 290711 -2 OF THE COUNTY OR 1' ,] _ p/1 'ioy O 1A /A RD EXEMPT NOR 11E LICENSEE SOUTH BEACH Jill- ju�H' }�'(`C� FPOM CENS ANY CTHER ll• 1549 1 CEIVSE OR PERMIT IS NCr A RT LAW Tlns IS CORAL GABLES FL 33146 THE A CFRTi FICA)UA Uf THE I ICC NSF e'S )UAL. Ft- CANON PAYMENT RECEIVED OADE COUNTY TAX COLLECTOR: 10/05/93 220000161 000045. ®O SEE OTHER SIDE 4 EXAMPLE C Florida Department of Agriculture and Consumer Services Division of Food Safety 3125 Conner Boulevard - Room 280 Tallahassee, Florida 32399 -1650 Firm Number: 101989 Business Mailing Address : Irrllrrrllr�rrllrrll, Irlrrrlrrl ,Ilr,rrrll,rllrrrlrllrlrrrllrrl UNEMPLOYED ATTORNEYS II INC 1229 WASHINGTON AVE MIAMI FL 33.139 - 4613 Location Address : SOUTH BEACH SMOOTHIE 1229 WASHINGTON AVE MIAMI FL 33139 If you have other locations that have not received a Food Permit Renewal Notice, please provide us with the location and business address. This Annual Food Permit (lower part) must be posted at the above location and is valid for that location only. For future correspondence, please make any needed corrections or changes to your business mailing address and/or your location address and return the UPPER POR -ION with corrections to : Florida Department of Agriculture and Consumer Services Division of Food Safety 3125 Conner Boulevard Tallahassee, Florida 32399 -1650 Cut Here ---------------- - - - - -- - - - - -- State of Florida Department of Agriculture and Consumer Services Division of Food Safety Number : 101989 W' 904=488 -3951 Expiration Date December 31,1996 Tallahassee, Florida Fee Amount Paid $260.00 �. Permit Number 96- 279472- 281297 POST PERMIT Annual Food Permit CONSPICUOUSLY - GOOD FOR ONE LOCATION This permit is issued under authority of Section 500.12 i= l.Irida Statutes, to: Firm Type: HEALTH FOOD STORE VO4 SOUTH BEACH SMOOTHIE BOB CRAWFOR 1229 WASHINGTON AVE COMMISSIONER OF AGRICULTURE MIAMI FL 33139 Form 1403-201 Food Permits are required of any person in the business of manufacturing, processing, packing, holding, preparing, or selling food at 1 119,4 wholesale or retail, and may be suspended upon notice if conditions of the permit are violated. or and Co Date: November 28, 1997 Agenda Item # OV From: L. Dennis Whitt Subject: Comm. Mtg. 12/2/97 City Manager Appropriation of funds for Teen Pregnancy Prevention Center This resolution is placed on the agenda at the request of Vice Mayor Julio Robaina in response to a request from Teen Pregnancy Prevention Center. The resolution, if adopted by the Commission, will provide funding in the amount of $6,000 for start up costs for operation of the Center to provide outreach services to South Miami Youth to reduce the risk of teen parenthood. Funds will be drawn from account # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQEST FOR FUNDS BY TEEN PREGNANCY PREVENTION CENTER FOR OPERATION OF THEIR ORGANIZATION. FUNDS ALLOCATED WILL BE PAID FROM WHEREAS, the Mayor and Commission has received a request from Teen Pregnancy Prevention Center for funding of their operation within the City of South Miami; and WHEREAS, the mission of this organization is to reduce the rate of premature pregnancy among youth who are at risk of continuing the cycle of familial intergenerational teen parenthood, and would like to operate an outreach program to provide services to young people within the City of South Miami; and WHEREAS, the organization has provided a written request, which is attached, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is authorized to disburse the sum of $6,000 to Teen Pregnancy Prevention Center from account # to provide start -up funding to provide outreach services to children /youth in South Miami. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 41117 Teen Pregnancy Prevention Center, Inc. 2135 N. W. 52nd Street Unit -G Miami, Florida 33142 Telephone (305) 638 -6329 November 17, 1997 City of South Miami Mayor & City Commissioners 6130 S.W. Sunset Drive Miami, FL 33143 Dear Madam & Sirs: The Teen Pregnancy Prevention Center, Inc., is requesting the assistance from the City of South Miami for start up funds. Office space has been donated as in kind from Dade County HUD, in the South Miami Gardens Housing Development located at 5953 S.W. 61ct., Miami, FL 33143. The center has been providing events, and community outreach services to this population in South Miami, since June of this year. We would like to deliver needed services at 100% capacity, to this overlooked and under served community. Your assistance of these funds will allow us to be a greater service to this community. Thanking you in advance for your consideration. Kale thia Nunnally Executive Director to family." F110, Introduction Teen Pregnancy Prevention Center, Inc,.(TPPC), Inc., began its tenure in the campaign to reduce premature pregnancy among Inner City children/youth on December 5, 1994, and was incorporated on October 11, 1995. The center is a private nonprofit Teen Health and Human Service (HHS) Center. TPPC was born out of the need to motivate non - pregnant, and pregnant teens to remain in school, address family, and environmental conditions that place them at risk of continuing the cycle of intergenerational teenage pregnancy. Also, the center's programs have been specifically designed to stimulate and reach the "Hard Core" dropouts teen parents to return to school, build self - esteem, and to participate in vocational, or technical training programs. These services provides the opportunity for upward mobility, while removing the consumers from the welfare rolls, to work rolls, and out of public housing. The program is based on first hand knowledge of the needs and the gaps in services to this highly undeserved segment of the population. The Center that serves this community is housed in the South Miami Gardens Housing Development, located at 5953 S.W. 61st Court, Miami, FL 33143 Mission Statement: The Teen Pregnancy Prevention Center's (TPPC) mission draws heavily from the Department of Public Health Services (PHS) "Healthy People 2000 Statement," as the report speaks to the problem of adolescent pregnancy. The aim of this project is to reduce the incidents of early sexual activity, and premature pregnancy among children/youth who are at -risk of continuing the cycle of familial intergenerational teen parenthood. Through the delivery of Family Centered and Grassroots Intervention Strategies, the program services will also focus on addressing the devastating effects of failure across multiple systems of influence, and increasing the percentage of disadvantaged youth overcoming poverty. Problem Statement In Miami, or more specifically the 33143 zipcode area, one out of every ten households are affected by the epidemic of "teenage pregnancy "statistics Report indicates that there were 64.6 births per 1000. Also, reported is in the target community in which the program serves we have the high numbers in the areas of ( teen pregnancy, no prenatal care during the first trimester, and HIV /AIDS. This report further indicates that 47% or 107 of these babies were born to the impoverished African American girls, who are caught up in the cycle of (intergenerational teenage pregnancy). Therefore, if the rate of teen pregnancy is disproportionately high among minority, then it is a foregone conclusion that the rate of the HIV /AIDS is also reaching its peak among this segment of the population. Target Area/Population The Project serves low to moderate income children /youth/families between the ages of 10 -21 who are residents of the South Miami community. Project Description Teen Pregnancy Prevention Center is a Grassroots Community Service Center which targets pre- adolescents, and youth who live in the target community of South Miami. The project is an after school, evening, and weekend support program, with an operational schedule 10:00 am to 7:00 pm Monday thru Friday, and 11:00 am to 3:00 pm on Saturdays and Sundays, including holidays. The center provides comprehensive Peer/Individual/Group Counseling, Abstinence education, Sex education, HIV /AIDS Education, Parenting Skills, Tutorial/Homework assistance/ Basic Education(for both parent and child), and Job training. These services are provided by a network of full time staff, Professional and Paraprofessional volunteers consisting of Educators, Physicians, Social Workers, Case managers, and Peer Counselors. Scope of Deliverables Case Management TPPC's case management service involves the assessment of the client/family needs, and assisting the teen in developing an (in - out -of -home support system). The development of a comprehensive family services plan that focuses on providing a vehicle whereby a much larger percentage of children/youth will climb out of the inner city, and survive the emotional scares of growing -up in dysfunctional families. Individual and Group Counseling This service has been designed to focus on the individual and collective problems of the clients. Teen Peer Counseling This service has been designed to provide a vehicle whereby male and female participants can discuss their feelings about Abstinence, HIV /AIDS, early pressures of childhood sexual activity, teen pregnancy, substance abuse, and suicide with someone who has experienced the same situations, as well as the identical social, economic, cultural, and helplessness associated with the subjects identified above. Health Education This service has been designed to raise the functional knowledge and understanding of Abstinence, Birth control, STD's, HIV /AIDS, Nutrition, Genetic disease, and Chronic illness. Parenting Skill Development This service has been designed to develop adaptive parental functioning across multiple systems of influence and domains, and to teach effective parenting skills, and child rearing practices. A second aspect of this service is to increase the level of paternal involvement, while improving the attitude of the parents toward education, and removing obstacles to self sufficiency. Parenting support group This service has been designed to provide support for parents to come together and share the difficulties, pitfalls, joys, and happiness of parenting, and child rearing. Tutorial/Homework Assistance This service has been designed to improve reading, writing, speech, and math skills. F6J Male and Female Civic /Social This service has been designed to get inner city children and youth involved in their communities through services, action, and by exposing them to WORLDS beyond where they live. Job Training This service has been designed to provide on the job training in general office, and peer counseling. Goals and Objectives Through grassroots intervention strategies the center seeks to facilitate the following goals over a period of (12) twelve months. (1) Utilize effective strategies to help participants (male, female) remain abstinent, and escape the early pressures of sexual activities. (2) Reduce pregnancy and repeat pregnancy among girls (13 -19) years of age, and the transmission of HIV /AIDS, and STD's diseases by reducing the number of youth engaging in unprotected sex. (3) To provide support services to build self - esteem, and remove obstacles to self sufficiency (4) To improve parenting skills among teenagers, and involve clients in educational and social, and cultural enrichment activities. (5) To reduce incidents of juvenile delinquency, crime, and violence. How the project's performance will be measured? The project's performance, and effectiveness will be measured through Pre/Post Tests, HRS Annual Teen Pregnancy Reports, Pregnancy Prevention Adolescent Council, and JASS as they reflect youth registered in the program. Expected Outcomes: To reduce teen pregnancy, and repeat pregnancy by 70% among program participants To reduce HIV /AIDS and STD infection by 50% among program participants To increase the number of youth graduating from high school by 45% among participants To increase employment skills among participants by 50 %. To increase parenting, and independent living skills among teen parent participants by 50 %. To improve parental/ familiar attitude and participation in education among participants by 45 %. 8 d BUDGET Line Item Rent (In -kind) Lights (In -kind) Telephone $ 500 Office Furniture $1,000 Office Equipment $1,500 Office Supplies $1,000 Client Services $1,500 Permits/ Licenses $ 500 Contractual Services $1,000 $7,000 Vil CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: December 2, 1997 FROM: Dennis Whitt RE: Agenda Item # City Manager Commission Meeting, December 2, 1997 AUTHORIZATION OF CITY MANAGER TO EXECUTE A COUNTY DEED WHICH CONVEYS TWO PARCELS OF LAND OWNED BY DADE COUNTY OVER TO THE CITY FOR ROAD CONSTRUCTION The attached resolution seeks approval to allow the City Manager to execute a county deed which will convey two (2) parcels of vacant residential land over to the City for the purpose of road construction. The two parcels (see attachments) are currently owned by the Dade County Office of Community and Economic Development (OCED). Once these parcels are converted into public right -of -way by the attached legal instrument, the Dade County OCED will then be able to install storm drains, sanitary sewers, public water supply, and construct street improvements in the SW 59' Avenue and 62nd Street area. It is therefore recommended that the City Commission approve the proposed resolution. 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 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COUNTY DEED WHICH CONVEYS LAND OVER TO THE CITY FOR ROAD CONSTRUCTION. WHEREAS, conveying the two parcels of land described in the attached legal description from Dade County over to the City for the purpose of municipal roadway construction would enable a Dade County Office of Community and Economic Development (OCED) drainage and street improvement project to proceed, and; WHEREAS, the two subject parcels are currently vacant land, and; WHEREAS, the two subject parcels were purchased by Dade County for the specific purpose of road construction. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the necessary legal instruments to have the subject parcels conveyed over to the City. Section 2. This resolution shall become effective immediately after adoption hereof. PASSED AND ADOPTED this 2nd day of December, 1997. ATTEST: READ AND-APPROVED AS TO FORM City Attorney APPROVED: MAYOR CITY OF SOUTH MIAMI vINTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: November 28, 1997 Agenda Item # 10 Fro XL�.Dennis hilt Re: Comm. Mtg. 12/02/97 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, staff has mailed courtesy letters to all property owners who own property which is located within the City of South Miami and also located north of Blue Road (SW 48 Street). A copy of the letter is attached for your reference. RECOMMENDATION: Approval to initiate the Public Hearing process. Attachments: Draft, Proposed Ordinance for First Reading Copy of Section 4 -2 Alcoholic Beverages Copy of Courtesy Notice to Property Owners City Manager's Report: Bird Road Alcoholic Beverages Ordinance 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 ORDINANCE NO. 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. WHEREAS, 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;" and, WHEREAS, 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 from residential properties for businesses in the Bird Road Area, which desire to permit the consumption of beer and wine on the premises; and, WHEREAS, the "Bird Road Area" for purposes of this ordinance is that area designated as Neighborhood 1 of the ten traditional neighborhoods described in the City's Comprehensive Plan; and, WHEREAS, the City Administration has mailed notices to all property owners who own property which is located within the City and is north of Blue Road (S.W. 48 Street), in order to obtain the public input which is desired by the City Commission; and, WHEREAS, said mailing to property owners is not a required action by the City to fulfill any advertising requirement; and, WHEREAS, all procedural requirements, as set forth in both the laws of the State of Florida and in the City of South Miami's adopted Land Development Code, have been met; and, WHEREAS, the City Commission finds that it is in the public interest to review distance requirements related to the sale of alcoholic beverages in the area known as the "Bird Road Area." Bird Road Alcoholic Beverages Ord: 1st Reading December 2, 1997 L s� 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 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 4- 2(a)(3) which includes a chart with a footnote is hereby amended so that the footnote reads as follows: * The spacing between residential properties and restaurants, bar /lounge and nightclub does not apply within the Hometown District, as well as adjacent residential property outside of the Hometown District. This exemption is also adopted for properties which are zoned for commercial purposes and located on Bird Road. 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 ADOPTED this 6th day of January, 1998. ATTEST: CITY CLERK E "AWAIvme�kP91WAO CITY ATTORNEY c:\ _. \ Ldc \ Alcoholic Bev Ord.doc APPROVED: MAYOR COMMISSION VOTE: Mayor Price: Vice -Mayor Robaina: Commissioner Oliveros: Commissioner Young: Commissioner Bethel: Bird Road Alcoholic Beverages Ord: 1st Reading December 2, 1997 /to ti Chapter 4 ALCOHOLIC BEVERAGES* Art. I. In General, §§ 4 -1 -4 -8 Art. II. Licenses, §§ 4- 9 -4 -13 ARTICLE I. 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� a rM Ct1'I gt •oN -ddnS CO r• z y' CD O CD oago CD CD CD CD V � � tj C7 C7 CD P'T CD N ° �• CD ?,2 r' CD rr ., �b y CD CDr• H r* a. c� CD CA CD C C ti o° o° °o r� o° Church or school b � °o aCDt �1 o C V, o° o Residential* Cw P-910 H a: o CD a Restaurants QQ x� o C 3 v- Bars/lounges �a 0 0 0 d o r -- y� d rM Ct1'I gt •oN -ddnS Z- 17 § MOD IWVIW HMOS Z-b § CO C o z O w CD tj . o Cv CD N ° ?,2 r' N CD H o° o° o° °o °o o° Church or school °o LPN °o V, o° V% °C Residential* Restaurants Bars/lounges Nightclub Grocery store Supermarkets Package stores Gift baskets Nonconforming uses Z- 17 § MOD IWVIW HMOS Z-b § City of South Miami BUILDING, ZONING & COMMUNITY DEVELOPMENT 6130 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 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 businesses along Bird Road to sell alcoholic beverages for consumption both on- the - premises and off -the- premises. Currently, City Code prohibits the sale of alcoholic beverages within 500 feet of all residential property, which effectively prevents any new business from obtaining a liquor license for any activity other than the sale of beer. 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, eell Bill Mackey, AICP Director of Plaw iilg & Zoltillg c: L. Dennis Whitt, City Allrnlager Ronetta Taylor, CMC, City Clerk Earl G. Gallop, City Attoniey "City of Pleasant Living"