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06-13-95Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: June 13, 1995 6130 sunset Drive, So. Miami, FL Next Meeting date: July 18, 1995 Phone: (305) 663 -6340 Time: 7:30 P.M. PURSUANT TO FLA STAT. 266.0105, 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 CONSTITUTE 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. Charles H. Cockerham, Jr. Dade County Public Schools South Miami Middle /Community School Center for the Arts ITEMS FOR COMMISSION'S CONSIDERATION: 2. Approval of Minutes - June 6, 1995 3. City Manager's Report 4. City Attorney's Report CONSENT AGENDA 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 $1,204.38 representing fees incurred for legal services by Leibowitz & Associates, P.A., regarding the City's Cable Television Franchise Renewal Request and for advice regarding Federal Cable Television Statutes and charging the disbursement to Account No. 2100 -3420: "Consultant -Cable TV Franchise." (Administration) 3/5 6. A Resolution of the Mayor and City Commission of the City of South Miami approving reimbursement request of $1,015.37 from the City Attorney for costs incurred for attending Ali -Aba Course and charging the disbursement to Account No. 01 -1500- 4070, titled "City Attorney Travel & Conference Account." (Administration) 3/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, ratifying emergency repairs to Crane 21 -31A, and authorizing the City Manager to disburse the sum of $2,568.30 from Account No. 1720 -4680, "Equipment Maintenance - Parts." (Administration /Public Works) 3/5 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse funds not to exceed the sum of $2,340.00 for the purchase of safety shoes for the employees in the Public Works Department and charging the disbursement to the appropriate account. (Administration /Public Works) 3/5 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to enter into a contract with Steve Briner for Umpire Assigner Services for the City's Baseball Program for an amount not to exceed two thousand dollars ($2,000). (Administration /Recreation Department) 3/5 ORDINANCES) - SECOND READING AND PUBLIC READING none Agenda June 13, 1995 2 RESOLUTIONS) FOR PUBLIC HEARING 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, granting a request for a Special Use Permit, in lieu of Special Use Permit which was granted on October 4, 1994, pursuant to Section 20 -7.12 and Section 20- 3.4(B)(4)(b) of the Land Development Code to permit a general restaurant operated by Koo Koo Roo California Kitchen on property located at 5850 Sunset Drive, South Miami, Florida 33143 (a Commercial Property in the Hometown District) and providing a legal description. (Administration /B & Z Community Development Dept.) 4/5 RESOLUTIONS) 11. A Resolution of the Mayor and the City Commission of the City of South Miami, Florida, authorizing the City Manager to initiate negotiations with the International Development Advisory Services (IDAS), the number one ranked vendor for providing the City a Local Government Computer Processing System as defined in the request for proposal; and, if negotiations with IDAS fail to provide the best configuration and cost of the system, authorizing the City Manager to then open negotiations with Intergraph Corporation, the second ranked vendor to provide the best configuration and cost of the system. (Administration) 3/5 ORDINANCES) - FIRST READING 12. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Article VII, Hometown District Overlay Ordinance in order to provide regulations for outdoor seating /dinging uses and areas; providing the City Manager with powers of approval and revocation; providing for powers to Building, Zoning and Community Development Department regarding Development Regulations; providing for an amendment to the fee charged for License; providing for severability; providing for ordinances in conflict, and providing for an effective date. (Administration /B & Z Community Development Dept.) 4/5 PUBLIC REMARKS COMMISSION REMARKS agju135 Agenda June 13, 1995 3 OCTAVIO J. VISIEDO SUPERINTENDENT June 6, 1995 DADE COUNTY PUBLIC SCHOOLS SOUTH MIAMI MIDDLE/COMMUNITY SCHOOL CENTER FOR THE ARTS 6750 S.W. 60TH STREET • SOUTH MIAMI, FLORIDA 331.43 • (305) 661 -3481 • FAX (305) 665 -6728 Mr. Cox City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Cox, RASAMMA NYBERG, Ph.D. PRINCIPAL HERBERT S. KOROSS ASSISTANT PRINCIPAL ROSBIN EAGLE IVERY ASSISTANT PRINCIPAL CHARLES H. COCKERHAM, JR. ASSISTANT PRINCIPAL COMMUNITY EDUCATION On behalf of the Community School, and the Citizens Advisory Council, I would like to officially take this time to thank you for your cooperation with the Community Gathering, held at Murray Park, on May 13, 1995. For your cooperation, along with the Parks and Recreation Department I would like to present you with a Certificate of Appreciation at your next Commissioners' meeting. Sinc rel , Charles H. Cockerham, Jr. cc:Dr. Rasamma Nyberg CHC /em "Unity with the Community" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 4r RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,204.38 REPRESENTING FEES INCURRED FOR LEGAL SERVICES BY LEIBOWITZ & ASSOCIATES, P.A., REGARDING THE CITY'S CABLE TELEVISION FRANCHISE RENEWAL REQUEST AND FOR ADVICE REGARDING FEDERAL CABLE TELEVISION STATUTES AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2100- 3420: 11CONSULTANT -CABLE TV FRANCHISE." WHEREAS, 'by Resolution number 67 -93 -9811 passed April 27, 1993 the City commission authorized the City Administration to enter into a contract with the law firm of Leibowitz & Associates, P.A. and as Special counsel regarding Cable Television and the Franchise Renewal Request; and WHEREAS, the City has now received invoices for legal services rendered pursuant to the aforesaid Resolution in the amount of $1,204.38. 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 hereby is, authorized to disburse the sum of $1,204.38 Leibowitz & Associates, P.A. for legal services rendered regarding the City's Cable Television Franchise Renewal Request. Section 2. That the disbursement be charged to account number 2100 -3420: "Consultant -Cable TV Franchise." PASSED AND ADOPTED this day of June, 1995. ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR era MATTHEW L. LEIBOWITZ JOSEPH A. BELISLE ILA L. FELD OF COUNSEL AARON P. SHAINIS LEE.PELTZMAN SANFORD L. eOHRER NOT ADMITTED TO FLORIDA BAR L.EIBOWITZ & ASSOCIATES, P.A. SUITE 1450 SUNBANK INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE MIAMI, FLORIDA 33131-1715 TELEPHONE (305) 530 -1322 TELECOPIER (305) 530.9417 CITY OF SOUTH MIAMI 6130'SUNSET DRIVE SOUTH MIAMI FL 33143 ATTN: C. EDWARD COX CABLE TELEVISION 4I Ty :.. 11i.'�i'Af t i r.- . C 05/04/95 IF Telephone conference with Jim Meyers 05/06/95 SUITE 500 1255 23RD STREET, N.W. WASHINGTON, D.C. 20037 Page: 1 06/06/95 Account No: 7404 -OOM Statement No: 60 .30 IF Read Federal Communications Commission order re:rate regulation /small systems .20 05/08/95 IF Study Federal Communications Commission re:small system rate regulation .20 05/10/95 IF Review correspondence /proposal update from cable satellite; Study Dade County Ordinance and City of South Miami ordinance; Initial preparation of preliminary issues list for city 2.60 05/11/95 IF Draft letter to city re:issues to negotiate in franchise renewal 1.30 IF Conference with Matt Leibowitz .20 MLL Review and revise letter to Eddie Cox .30 05/25/95 IF Telephone conference with Jim Meyers .20 IF Read correspondence from cable satellite; Forward to city attorney .30 �7 CITY OF SOUTH MIAMI CABLE TELEVISION Page: 2 06/06/95 Account No: 7404 -OOM Statement No: 60 For Current Services Rendered Recapitulation Attorney Hours Hourly Rate Matthew L. Leibowitz 0.30 $200.00 Ila L. Feld 5.30 200.00 Long Distance Calls Delivery /Express Photocopying'. Total Expenses. Thru 05/25/95 Total Current Work Previous Balance Finance Charge Balance Due IA- 5.60 1,120.00 Total $60.00 1,060.00 0.87 10.75 19.50 31.12 1,151.12 7,451.28 53.26 $8,655.66 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI APPROVING REIMBURSEMENT REQUEST OF $1,015.37 FROM THE CITY ATTORNEY FOR COSTS INCURRED FOR ATTENDING ALI -ABA COURSE AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 01 -1500- 4070, TITLED "CITY ATTORNEY TRAVEL & CONFERENCE ACCOUNT ". WHEREAS, The City Attorney is requesting reimbursement for the sum of $1,015.37 representing half of the total costs for attending a job related ALI -ABA course on May 4 -6, 1995 entitled "Inverse Condemnation and Related Liability" (See attached). WHEREAS, The Funding for this trip and course is provided in the 1994 -95 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Attorney request for reimbursement is approved for payment. Section 2. The amount of $1,015.37 be charged to account number 1500 -4070; Travel and Conferences. Section 3. This resolution will be effective upon passage. PASSED AND ADOPTED this day of June, 1995. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 6 APPROVED: MAYOR M E M O R A N D U M TO: Hakeem Oshikoya, Finance Director FROM: Earl G. Gallop, City Attorney C'rz RE: Expense Reimbursement DATE: June 5, 1995 Please reimburse me $1,015.37 for attending an ALI -ABA course in San Francisco on May 4 -6, 1995, entitled Inverse Condemnation and Related Government Liability. This amount is j of the total charges; the other I has been charged to my office. Charge the payment to 1500 -4070 TRAVEL & CONFERENCES. The charges incurred are: Registration 720.00 Air 473.00 Hotel 625.49 Transportation 93.00 Meals 99.25 Tips 20.00 2030.74 Thank you. SFtrip.exp CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM DATE: June 6, 1995 TO: Mayor and City Commission FRO die ox City Manager RE: Agenda Item # 7 Commission Meeting, June 13, 1995 Ratification of Emergency Repair of Crane #21 -31 A. On May 4, 1995, the above crane broke down. A replacement crane was borrowed from the City of Coral Gables for approximately two weeks while we attempted to get the above referenced crane repaired. This was the third crane owned by the City that was in need of repair. One crane was located with Metro Dade County undergoing extensive repairs, the above referenced crane was in need of repair, and the back up crane purchased from the city of Coral Gables was also out of order. The city was picking up trash on borrowed cranes. The total cost to repair the crane is $2,568.30, and can be paid from account number 1760 -4680, Equipment Maintenance." I recommend approval. rn 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 il RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING EMERGENCY REPAIRS TO CRANE 21 -31A, AND AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,568.30 FROM ACCOUNT NUMBER 1720 -4680, "EQUIPMENT MAINTENANCE- PARTS." WHEREAS, the City of South Miami provides trash collection services for its citizens and business community, and; WHEREAS, on May 4, 1995, Crane Number 21 -31A, broke down and was in need of emergency repairs, eliminating all cranes owned by the City from service, and; WHEREAS, the City obtained temporary replacement cranes from Metro Dade County, and the City of Coral Gables while the department attempted to get emergency repairs completed.. 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 disburse up to the sum of $2,568.30 to Dynamic Power Hydraulic for the emergency repair of crane # 21 -31A. Section 2. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of 1995 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED MAYOR CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM DATE: June 7, 1995 TO: Mayor and,City C fission ' FROM: ( die Cox City Manager RE: Agenda Item # 8 Commission Meeting, June 13, 1995 Purchase of Safety Shoes Attached is a resolution for the purchase of safety shoes for the Public Works employees. The city provides safety shoes as a part of the uniform. The funds are available under the 5220 account for each of the divisions in the Public Works department. The City has also identified Ritz Safety Equipment, Inc., as the qualified vendor under Dade county Bid Do. 1802 - 1/96 -1 to provide safety shoes for the employees. The contract period is from June 1, 1995 through May 31, 1996. The total estimated cost to provide the safety shoes is $2,080.00 I recommend approval. 5 �IET'Skr (D IF _':3C)1UT1-1 M_EAM_F INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: June 9, 1995 From. ddie Cox City Manager Agenda Item 19 Re: Comm. Mtg. 06/13/95 Contract - Umpire Assigner Services The City of South Miami operates a summer baseball league and requires the services of an umpire assigner to schedule and assign umpires. Funds for this purpose are included in the 1994/95 budget. I recommend approval. EC:er aaC,,,co kKt.R= 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 ENTER INTO A CONTRACT WITH STEVE BRINER FOR UMPIRE 5 ASSIGNER SERVICES FOR THE CITY'S BASEBALL PROGRAM FOR AN 6 AMOUNT NOT TO EXCEED TWO THOUSAND ($2,000) DOLLARS. 7 8 WHEREAS, the City of South Miami operates a summer baseball Ieague at South Miami 9 Field, and requires the services of an umpire assigner to schedule and assign umpires for an 10 amount not to exceed Two Thousand ($2,000) Dollars; and 11 WHEREAS, funding for this project has been identified in Account No. 2000 -5610. 12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 13 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 14 Section 1. That the Mayor and City Commission of the City of South Miami do hereby 15 endorse and authorized the City Manager to execute the contract with Steve Briner for an amount 16 not to exceed Two Thousand ($2,000). 17 PASSED AND ADOPTED this day of June, 1995. 18 APPROVED: 19 20 MAYOR 21 ATTEST: 22 23 City Clerk 24 READ AND APPROVED AS TO FORM: 25 26 CITY ATTORNEY 27 alumpm.m Contract # CITY OF SOUTH MIAMI AGREEMENT This AGREEMENT is made and entered into this ---- day day of 1995, between the City of South Miami, a Florida Municipal Corporation, (CITY), and (PROVIDER). NOW THEREFORE, the parties herein agree as follows: ARTICLE 1 - STATEMENT OF WORK 1. Term. The program will begin on _ (Day) ___(Date) and will continue until the termination date of this agreement on —(Day) _ _ (Date). 2. Collection of Fees. The Parks & Recreation Department, shall receive all fees and charges from participants: a. The fees charged by the CITY to the PROVIDER shall be as follows: the sum of $ _ or 707o of the net fees collected or charged; the sum of $ OR or 60% of the net fees collected or charged. (There shall be a 5% or $20.00 charge, whichever is greater, to the PROVIDER for checks which bounce for whatever reason). b. The fees charged to the City by PROVIDER shall be as follows: the sum of $ 3. Noncompliance. In the event that the PROVIDER cannot fulfill its obligations under this agreement, in part or in full, then PROVIDER understands that it will be held liable for all reasonable costs, prorated fees, etc., determined necessary by CITY incurred in the institution or operation of the said program. In case of accident or illness and/or any emergencies that may prohibit the PROVIDER'S responsibility to provide a qualified substitute, approved by the CITY, to be paid by PROVIDER. 4. Personal Services. The PROVIDER may not, without the approval of the CITY, subcontract any rights, responsibilities or obligations under this agreement as the services to be rendered are deemed to be personal in nature. 5. Termination. The CITY may terminate this agreement at any time upon written notice to the PROVIDER and the PROVIDER may terminate this agreement upon written notice delivered to the CITY at least thirty (30) working days prior to the next scheduled program session. 6. Taxes. It is specifically understood and agreed that the PROVIDER is an independent contractor and not an employee of the CITY. The PROVIDER acknowledges and agrees that conducting the service herein provided for is a professional service and that the CITY is not paying Social Security of withholding taxes from the PROVIDER'S compensation for conducting the service. The PROVIDER assumes all liability and responsibility for reporting this income to the proper authorities and paying the Social Security and taxes due thereon and agrees to absolve and indemnify the City of South Miami for any and all loss incurred as a Result of the provision of the service and related income paid. EXHIBIT A 1. The PROVIDER will provide to the City of South Miami Parks & Recreation class evaluations on designated dates of the week. 2. The. PROVIDER will provide all materials and equipment necessary to conduct said service(s). 3. The PROVIDER is an independent contractor and is not any employee or agent of the City. Nothing in this contract shall be interpreted to establish any relationship other than that of an independent provider, between the City and the Provider, its employees, agents, subcontractors, or assigns, during or after the performance of this contract. The PROVIDER is free to provide similar services for others. PROVIDER'S NAME TITLE PHONE (DAY) SOCIAL SECURITY NUMBER (NIGHT) The terms of this agreement have been read and agreed to upon this day of _— -------- 1995. IN WITNESS WHEREOF we have set our hand and seal on the date first written above. APPROVED as to form and legal sufficiency: 1.311 Jim Cowen, Director Parks & Recreation Department CITY OF SOUTH MIAMI, FLORIDA PARKS & RECREATION DEPARTMENT By Provider /Organization DEPARTMENT RECEIPT: PARKS & RECREATION EXHIBIT "C" SWORN STATEMENT UNDER S 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Contract No. for the (name of program) 2. This sworn statement is submitted by [name of entity submitting sworn statement) whose business address is ( if applicable) its Federal Employer Identification Number (FEIN) is (if the entity has no FEIN, include the social security number of the individual signing this sworn statement: SS# 3. My name is and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1) (g) Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facia case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. B. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement [Please indicate which statement applies.] Neither the entity submitting this sworn statement, or any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989 AND [Please indicate which additional statement applies.] There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [ Please describe any action taken by or pending with the Department of General Services.] 2 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: Date: [signature] Sworn to and subscribed before me this day of 199. Personally Known Produced Identification (Type of Identification) My commission expires: EGG /sgs cam /contract April 18, 1995 Print Name: NOTARY PUBLIC STATE OF FLORIDA 3 ® CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor & City Co �sion Date: June 9, 1995 rector of BZC p 2 06/13/95 City Commission Agenda Fr Eddie Cox Re: Item # 10 Koo Koo Roo Restaurant City Manager Special Use Permit Re- application REQUEST: Applicant: Androulakis- Korres, Inc., represented by Koo Koo Roo California Kitchen Restaurants Request: Special Use Permit, in lieu of the Special Use Permit which was granted on October 4, 1994, for a Restaurant, General in the SR (Specialty Retail) District, as specified in Section 20 -3.3 (D) of the Land Development Code. Location: 5850 Sunset Drive (formerly J.J.'s American Diner) [Hometown District Property] BACKGROUND & ANALYSIS: The applicant applied and was approved for a special use permit to operate a General Restaurant in the space previously occupied by the J.J.'s American Diner restaurant at 5850 Sunset Drive. The applicant seeks to modify the approved layout to include a larger dining area and more seating. The site is exempt from any parking requirements under the Hometown District Overlay Ordinance (and contains 8 existing spaces). The previously approved site plan is provided for your information in the packet labeled "Previous Approved Application ". For your information, no signage variance is being requested (the request was withdrawn from the previous application). On May 30, 1995, the Planning Board voted 5:0 to recommend approval of the new layout. During discussion Mr. Aronson outlined the specific additions to the currently approved concept to be incorporated. These include a "Salad Station" where a server creates a custom -made salad for the customer, the integration of the Arrosto Coffee shop with the Koo Koo Roo concept, and an expanded seating area in the Arrosto Coffee shop for a total of 142 seating spaces. Also, the Arrosto Coffee shop will offer breakfast at 7:00 AM. The Koo Koo Roo portion will open for lunch and dinner. Closing time for the operation will be 10 P.M. (maybe 11 P.M. on weekends). RECOMMENDATION: Approval. 1 RESOLUTION NO 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST FOR A SPECIAL 4 USE PERMIT, IN LIEU OF THE SPECIAL USE PERMIT WHICH WAS 5 GRANTED ON OCTOBER 4, 1994, PURSUANT TO SECTION 20 -7.12 AND 6 SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE TO PERMIT 7 A GENERAL RESTAURANT OPERATED BY KOO KOO ROO CALIFORNIA 8 KITCHEN ON PROPERTY LOCATED AT 5850 SUNSET DRIVE, SOUTH 9 MIAMI, FLORIDA, 33143 (A COMMERCIAL PROPERTY IN THE 10 HOMETOWN DISTRICT) AND PROVIDING A LEGAL DESCRIPTION. 11 WHEREAS, Androulakis- Korres, Inc., property owner, has made re- application for a 12 special use permit, in lieu of the special use permit which was granted on October 4, 1994, for 13 operation of a General Restaurant by Koo Koo Roo California Kitchen in the Hometown District 14 pursuant to Section 20 -7.12 of the Hometown District Overlay, entitled "Permitted Uses" and 15 Section 20- 3.4(B)(4)(b) of the Land Development Code, entitled "Special Use Conditions ", to 16 allow a General Restaurant in the Hometown District and the SR (Specialty Retail/Residential) 17 zoning district; and, 18 WHEREAS, the property is located at 5850 Sunset Drive, South Miami, Florida, 33143, 19 and is legally described as follows: 20 Lot 16, Less the North 30 feet thereof for Public Road purposes, "W.A. 21 LARKINS SUBDIVISION ", according to the plat thereof, as recorded in Plat 22 Book 3 at Page 198, of the Public Records of Dade County, Florida; and, 23 WHEREAS, the Building, Zoning & Community Development Department staff 24 recommended approval of the re- application to the Planning Board for a special use permit upon 25 evaluating the application for (a) consistency with the Comprehensive Plan and (b) compliance 26 with Sections 20 -2.3, 20- 3.3(D), and 20- 3.4(B)(4)(ii) of the Land Development Code; and, 27 WHEREAS, on May 30, 1995, the Planning Board voted 5:0 to recommend approval of 28 the re- application for a special use permit for the operation of a General Restaurant located at 29 5850 Sunset Drive in the Hometown District, operated by Koo Koo Roo California Kitchen; and, 30 WHEREAS, the Mayor and City Commission of the City of South Miami accept the 31 recommendation of the Planning Board of the City of South Miami. 10 Koo Koo Roo Re- application Page # 1 r � 32 33 34 35 36 37 38 39 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That the re- application by Androulakis - Korres, Inc., property owner, for a special use permit for the operation of a General Restaurant in the Hometown District to be located at 5850 Sunset Drive, operated by Koo Koo Roo California Kitchen, is hereby approved. ATTEST: PASSED AND ADOPTED THIS 13`' DAY OF JUNE, 1995. 42 43 Ronetta Taylor 44 City Clerk 45 READ AND APPROVED AS TO FORM: 46 47 Earl G. Gallop 48 City Attorney ID Neil Carver Mayor cAwpdocs\p1anning\report95.006 Koo Koo Roo Re- application Page # 2 of RAM loll!— IF JIM 111 tj■.. WO 1 �� •' '� I.I. ). � •fin ■ �_ P.10 .■ .. FIN IN oil U •i I a � RAM loll!— To: Dean Mimms, AICP Director of BZCD Dept From: Bill Mackey �- Planner t REQUEST: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Date: May 26, 1995 Re: PB -95 -006: Koo Koo Roo Special Use Re- application Applicant: Androulakis- Korres, Inc., represented by Koo Koo Roo California Kitchen Restaurants Request: Special Use Permit, in lieu of the Special Use Permit which was granted on October 4, 1994, for a Restaurant, General in the SR (Specialty Retail) District, as specified in Section 20 -3.3 (D) of the Land Development Code. Location: 5850 Sunset Drive (formerly J.J.'s American Diner) [A HOMETOWN DISTRICT PROPERTY] BACKGROUND & ANALYSIS: The applicant applied and was approved for a special use permit to operate a General Restaurant in the space previously occupied by the J.J.'s American Diner restaurant at 5850 Sunset Drive. The applicant seeks to modify the approved layout to include a larger dining area and more seating. The site is- exempt from any parking requirements under the Hometown District Overlay Ordinance (and contains 8 existing spaces). The previously approved site plan is provided for your information in the packet labeled "Previous Approved Application" and the current request is contained in the ' packet directly attached to this memorandum For your information, no signage variance is being requested (the request was withdrawn from the previous application). RECOMMENDATION: Staff recommends that the Planning Board vote to recommend approval of this application. COMPREHENSIVE PLAN: The proposal is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. 10 APL _ - APPLICABLE REGULATIONS: Sections 20 2.3, 20 3.3(D ), and 20- 3.4(B )(4)(ii) of the LDC. Mr. Bill Mackey Planner Building, Zoning and Community Development Department 6130 Sunset Drive, 2d Floor City of South Miami South Miami, FL 33143 Re: 5850 Sunset Drive Dear Mr. Mackey: Koo Koo Roo of Florida 10800 Biscayne Blvd., PH Floor North Miami, FL 33161 Tel: 305 - 899 -0404 May 11, 1995 Hand Delivered This constitutes a Letter of Intent submitted with the current Application for Public Hearing Before Planning Board and check to City of South Miami for $450.00. Koo Koo Roo Florida 102J, Ltd., a Florida Limited Partnership, leases the first floor of 5850 Sunset Drive, South Miami, Florida, from Androulakis Korres, Inc., the property owner, under a long term lease. The subject property is a commercial property located in the Hometown District. At the October 4, 1994, Commission Meeting, the South Miami City Commission approved a special use for the premises as a Koo Koo Roo California Kitchen Restaurant in accordance with the application submitted by this applicant. The premises included a Koo Koo Roo Restaurant serving a Chicken /Turkey /Hot and Cold Side Dish menu dispensed in a cafeteria style format in the North portion of the restaurant and an Arosto Coffee serving basic and flavored coffees with breads /muffins /bagels and desserts dispensed in the South portion of the premises. The original plan submitted and approved included 108 seats throughout. Approximately two months ago pursuant to our then pending request, the City Commission approved a City Manager's report granting abatement of a buildout of the Arosto portion of the restaurant and authorizing reconfiguration of the Koo Koo Roo portion. Since that approval, the National Franchisor, Koo Koo Roo, Inc., has spent much time re- evaluating the site and wishes the applicant to not only build out the entire premises, but also add substantial improvements to the restaurant configuration. The current application maintains the same use as that originally approved at the October 4 1994 City Commission Meeting. The material difference in this application from that originally �o submitted last year arises from reconfiguration of the restaurant interior. Seating has been increased from 108 to 142, the lavatories have been relocated to the Southwest corner of the building, cooler and freezer areas have been reconfigured, the Arosto area has been reconfigured, the manager's office has been slightly enlarged, a salad preparation display area has been added, and other reconfigurations of seating and equipment have been made. The Arosto area is expected to operate from approximately 7 a.m. until 10 p.m. (11 p.m. weekends) and the Koo Koo Roo portion is expected to operate from approximately 11 a.m. until 10 p.m. (11 p.m. weekends). The exterior of the building, including entryways, have already been before the ERPB and have received either preliminary or final approval. very truly yours, Mitchell D. Aronson Managing Director MDA:m 0 ® City of South Miami ACCEPTED 6130 Sunset Drive. South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Applicant :Androulakis Korres, In F. P-7-667-1903 ne from owner /tenant Property owner :Korres Inc. Signature: Address: 6335 S. W. 116 St. Phone Number: 667-1903 Contract to purchase XCurrent survey X 7 copies Represented By:Koo Koo Roo of Fla Organization: Address: 10800 Biscayne Blvd., Phone:893 -4040, ext. 119 i , FE BBi6±- ---7 Architect /Engineer: Phone:5 38 -6 32 4 owner ._ option to purchase ` Contract to purchase ® Copy attached? If applicant is not owner, is letter of authority from owner attached? •LEGAL DEJ?IPTION OF PROPERTY COVERED BY APPLICATION Lot(s) 16 Less— Block Subdivision W. A . Larkins PB Metes and Bounds: Township 54 Section 36 Range 40E APPLICATION IS HEREBY MADE FOR THE FOLLOWING: ® variance X Special Use — Rezoning Text Amendment to LDC Text Amendment to Comp Plan _ PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: (b) SECTION: 20-1-4 SUBSECTION.. (B) (4) PAGE 1: 4A AMENDED DATE: 1-1-Iq) SUBMITTED MATERIALS. The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct / to the best of the applicant's knowl`edge and lief. 1 5/10/95 � l .-a l�A.A. A a V �i-c Date Applicant's Signature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY : DATE FILED ACCEPTED REJECTED % Letter of intent ,_, Statement of hardship Reasons for change: from owner /tenant inherent in the land list justification* ® Proof of.ownership X Power of attorney Contract to purchase XCurrent survey X 7 copies of Site Plan X Required fee(s) for within 3 years 1 reduced @ 8.5" x 11" cost of advertising The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct / to the best of the applicant's knowl`edge and lief. 1 5/10/95 � l .-a l�A.A. A a V �i-c Date Applicant's Signature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. 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E� ----s E W e j over(�aed. uli Pole Dr UJ N NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI T7 Building, Zoning & Community Development Department 6130 Sunset Drive, 2nd Floor; South Miami, Florida 33143 Phone: (305) 663 -6325; Fax #: (305) 666 -4591 On Tuesday, May 30, 1995, at 7:30 P.M. in the Commission Chambers the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter(s). On Tuesday, June 13, 1995, at 7:30'P.M. in the Commission Chambers the City Commission of the City of South Miami will conduct a Public Hearing on the following matter(s). ITEM: PB -95 -006 Applicant: Androulakis- Korres, Inc., represented by Koo Koo Roo California Kitchen Restaurants Request: Special Use Permit, in lieu of the Special Use Permit which was granted on October 4, 1994, for a Restaurant, General in the SR (Specialty Retail) District, as specified in Section 20 -3.3 (D) of the Land Development Code. Legal: Lot 16, Less the North 30 feet thereof for Public Road purposes. "W.A. LARKINS SUBDIVISION," according to the plat thereof, as recorded in Plat Book 3 at Page 198, of the Public Records of Dade County, Florida. Location: 5850 Sunset Drive (formerly J.J.'s American Diner) [A HOMETOWN DISTRICT PROPERTY] YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED. TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 286.0105) PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143, AT THE AFOREMENTIONED TIMES AND DATES. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE PLANNING BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING 663 -6325 OR BY WRITING TO THE BZCD DEPARTMENT AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143. REFER TO HEARING NUMBER PB -95 -006 WHEN MAKING ANY INQUIRY. �a rFA 1 t 7- P ►� Jro<vr#strY CAMfNS NO ! �•7•. rAACr < rNACI 9.s 7k71�N /rll 69 M 0 i s � • S 6 � b fe 4 A. 4 #4 j • et , ,. _7 • r o e / yard 1 Q DRivc ngrr� C1Ty1 ,r n ; M/►u: It • . a .,f y 1 e® Q t ♦ s9 7 ti �l f 16 19 1141 ° +• I 1 7 b f. °V H N . 0 tb 0' • + • • SAW •� fit , try Jr L o - .py 0. ,Q t A, fill � r 5 .f P •. '� � z 1001A • r , i t• 1 >/ .s � ► rf 7 r ; c �• w u e . ,.,° v,•t• t , • a • d t I, • •t o ° IP Y� s r 7r .1 f+ n , nrbv . •s •' t C � ►� r as �•7•. • s 0 i s � • S 6 � b fe u a n !f J• ,a 7d Y L Iv •• t 5 .f P •. '� � z 1001A • r , i t• 1 >/ .s � ► rf 7 r ; c �• w u e . ,.,° v,•t• t , • a • d t I, • •t o ° IP Y� s r 7r .1 f+ n , nrbv . •s •' t p�o■I I r 'PAP ICU 0 I� ailu lYWY El i•l"uAkW6r.. Milo rL C � ►� r as �•7•. • s 0 i s � • S 6 � b p�o■I I r 'PAP ICU 0 I� ailu lYWY El i•l"uAkW6r.. Milo rL or Y.: J LAmm, 604 b � 0 d •.7. h 7 s t 74 TERR. 1 71 ry ' LI 7 « n APPLICANT: AAdri" i 1 C k; S ��j % %�S� �h c. OWNER MAP REFERENCE: 5-19 Y6 S 1#0000-544 Y" ✓ SNv%St ^j Sf COMMENTS : it) C! TY o; MUTU U i e U I bI h LILT I Mr.. rkn A n n 7t s I I , / ! t'• c V ®A 0 Compass SCale GS S�ewr!1. Date. . ....... Drn ./J. !? . Chk . 71 Hearing No. 014P. as �•7•. • s • •171 rJ rs c. fe u a n !f J• ,a 7d or Y.: J LAmm, 604 b � 0 d •.7. h 7 s t 74 TERR. 1 71 ry ' LI 7 « n APPLICANT: AAdri" i 1 C k; S ��j % %�S� �h c. OWNER MAP REFERENCE: 5-19 Y6 S 1#0000-544 Y" ✓ SNv%St ^j Sf COMMENTS : it) C! TY o; MUTU U i e U I bI h LILT I Mr.. rkn A n n 7t s I I , / ! t'• c V ®A 0 Compass SCale GS S�ewr!1. Date. . ....... Drn ./J. !? . Chk . 71 Hearing No. 014P. M I N U T E S P L A N N I N G B O A R D TUESDAY, MAY 30, 1995 CITY COMMISSIONERS' CHAMBERS 7:30 PM t i I. Call to order and the Pledge of Allegiance to the Flag of the United States of America. Mr. John Lefley, new chairperson, called the meeting to order at 7:40 PM. II. Roll Call. PR J. S. G. K O, ESENT Lef ley Basu Illas Zeller Kerr ABSENT P. Eisenhart C. Thorner Also Present: Bill Mackey, Planner. III. Public Hearings: PB -95 -006 Applicant: Androulakis- Korres, Inc., represented by Koo Koo Roo California Kitchen Restaurants. Request: Special Use Permit, in lieu of the Special Use Permit that was granted on October 4, 1994, for a Restaurant, General, in the SR (Specialty Retail) District, as specified in Section 20 -3.3 (D) of the Land Development Code. Legal: Lot 16, Less the North 30 feet thereof for Public Road purposes. "W.A. Larkins Subdivision," according to the plat thereof, as recorded in Plat Book 3 at Page 198, of the Public Records of Dade County, Florida. Location: 5850 Sunset Drive (formerly J.J.'s American Diner). The property is in the Hometown District. Ms. Zeller read the request. Staff recommended approval of the request. Public Hearing was opened. PB Min 5/30/95 io 1 Mr. Mitchell Aronson signed in as a representative for the applicant. Mr. Aronson reviewed the changes involved in the application, including the addition of a "salad station" concept and an increase in interior seating. The Arrosto section at the southern end of the building has been expanded and integrated into the restaurant, creating a "neighborhood- type" of environment at the location. Mr. David Tucker Sr., 6556 SW 78 Terrace, spoke before the Board. Mr. Tucker spoke in favor of the application, stating that the restaurant will increase pedestrian traffic, which the City desires to have in downtown. Public hearing was closed and executive session was opened. In response to Ms. Zeller's inquiry regarding take -out service at the location, Mr. Aronson replied that a decrease in take -out activity is anticipated with the increase in interior seating. In regard to Mr. Basu's questions regarding changes to the restaurant, Mr. Aronson stated that the cooler area has been expanded to accommodate the needs of the salad station, which will include an employee acting as a preparer /server. Mr. Aronson added that the incorporation of the Arrosto section into the restaurant, which expanded the number of available seats, would enhance the unity of the location. Mr. Charles Giller, architect, signed in as a second representative and spoke before the Board, noting that a variety of coffees is planned for the Arrosto section. Mr. Giller further noted the proposed colors of the building, including off -white for the body, muted red for the awnings, and white for the accents. In response to Mr. Lefley's inquiries concerning the number of seats. at the restaurant, Mr. Giller explained that the present total is 142, contrasted with the former J.J.'s total of 143. Mr. Giller explained that Koo Koo Roo total is within DERM's standards regarding sewer connection requirements, and meets South Florida Building Code fire safety requirements for exiting purposes. Mr. Giller also noted that any fumes generated as a result of the display /open kitchen will be removed by an expanded exhaust system. Mr. Aronson explained that closing time will be approximately 10:00 PM, which may be extended with the opening of the new Bakery Centre. He stated that they hope to be open for business by Labor Day 1995. PB Bin 5/30/95 IE 2 Motion: Mr. Basu moved approval of the application. Mr. Illas seconded the motion. Vote: Approved: 5 Opposed: 0 IV. Remarks. In regard to the City Commission /Planning Board Workshop, scheduled for June 13, 1995, staff explained that a "final draft" of the EAR package of documents will be presented for input by the City Commission, Planning Board, and the public. V. Approval of the Minutes for May 9, 1995. Motion: Mr. Illas moved to approve the Minutes for May 9, 1995, as read. Mr. Basu seconded the motion. Vote: Approved: 5 Opposed,: 0 VI. Adjournment. Chairperson PB Min 5/30/95 In Secretary 3 RESOLUTION NO. 112 -94 -9513 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST FOR A SPECIAL USE PERMIT PURSUANT TO § 20 -7.12 AND §20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE TO PERMIT A GENERAL RESTAURANT OPERATED BY KOO KOO ROO CALIFORNIA KITCHEN ON PROPERTY LOCATED AT 5850 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, 33143 (A COMMERCIAL PROPERTY IN THE HOMETOWN DISTRICT) AND PROVIDING A LEGAL DESCRIPTION. WHEREAS, Androulakis- Korres, Inc., property owner, has made application for a special use permit for the operation of a General Restaurant by Koo Koo Roo California Kitchen in the Hometown District pursuant to § 20 -7.12 of the Hometown District Overlay, entitled "Permitted Uses" and § 20- 3.4(B)(4)(b) of the Land Development Code, entitled "Special Use Conditions ", to allow a General Restaurant in the Hometown District and the SR (Specialty Retail /Residential) zoning district; and, WHEREAS, the property is located at 5850 Sunset Drive, South Miami, Florida, 33143, and is legally Aescribed as follows: Lot 16, Less the North 30 feet thereof for Public Road purposes, "W.A. LARKINS SUBDIVISION ", according to the plat thereof, as recorded in Plat Book 3 at Page 198, of the Public Records of Dade County, Florida; and, WHEREAS, the Building, Zoning & Community Development Department staff, upon evaluating the special use permit application for consistency with the Comprehensive Plan, has recommended that careful consideration be given concerning the nature of the use; and, WHEREAS, on September 13, 1994, the Planning Board voted 6:0 to recommend approval of the application for a special use permit for the operation of a General Restaurant by Koo Koo Roo California Kitchen in the Hometown District; and, WHEREAS, the Mayor and City Commission accept the recommendation of the Planning Board. Readaom Pacer 1 NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA: SECTION 1. That the application by Androulakis- Korres. Inc., property owner. for a Special Use Permit for the operation of a General Restaurant by Koo Koo Roo California Kitchen in the Hometown District at 5850 Sunset Drive is hereby approved. n PASSED AND ADOPTED THIS 4TH DAY OFD DCTOBER, 1994. ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney Neil Carver Mayor IFil c: \reports \kookooru. use R=kM= cage r Z 1D... �ri1 � iftt� -:A c: \reports \kookooru. use R=kM= cage r Z 1D... CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor & City Commission Date: September 29, 1994 10/04/94 Commission Agenda From: William F. Hampton Re: Item # : Special Use Permit for City Manager Koo Koo Roo California Kitchen Back rg ound: This Resolution concerns the request by Androulakis- Korres, Inc. for a special use permit for the operation of a General Restaurant by Koo Koo Roo California Kitchen. The subject property is located at the corner of Sunset Drive and S.W. 58 Court (previously J.J.'s American Diner which is now closed), and located in the SR (Specialty Retail/Residential) zoning district and Hometown District Overlay. This facility is at a prominent location, and the structure is designated as a Contributive Building in the Hometown District. The current entrepreneur is required to apply for a special use permit, since the proposed internal layout, main entrance and use of the building are being .modified. Exterior design changes are minor (canopies, new doors, signs) and will be reviewed by Environmental Review & Preservation Board. Recommendation: 1. Advantage to City: Passage of this Resolution increases the options for pedestrians in the Hometown District and preserves this familiar location (previously J.J.'s American Diner) for use as a restaurant. Although it is not the express desire of the City to specify the location of restaurants, this location has proven to function well for use as a restaurant. 2. Disadvantages to City: None. 3. This Resolution is pursuant to § 20 -7.12 of the Hometown District Overlay Ordinance, and § 20- 3.4(B)(4)(b) of the Land Development Code. . 4. The Planning Board voted 6:0 to recommend approval of the application as presented. 5. The application is consistent with the Comprehensive Plan. 1h To: William F. Hampton City Manager From: Dean Minims, AICP Director of BZCD CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Date: September 23, 1994 Re: PB- 94 -017: Special Use Permit for Koo Koo Roo California Kitchen On September 13, 1994, the Planning Board voted 6:0 to recommend approval of the application for a special use permit for the operation of a General Restaurant by Koo Koo Roo California Kitchen in the Hometown District on property located at 5850 Sunset Drive. I concur with the Planning Board's unanimous recommendation for approval of this application for a special use permit for the operation of a General Restaurant in the SR District. The proposed restaurant is at the southwest quadrant of the intersection of Sunset Drive and S.W. 58 Court, which is the location of the now - closed, J.J.'s American Diner (also a general restaurant). The proposed 2760 square foot, 76 -seat restaurant includes an adjoining, 1080 square foot, 24 -seat, "Arrosto' coffee shop; the floor plan also includes a 720 square foot component of unimproved future retail space. The application states that "Koo Koo Roo is a sit -down, take -out restaurant featuring fresh, hot turkey carved from the whole bird in front of the customer, rotisserie chicken, skinless flame - broiled chicken and fresh hot and cold side dishes ". Arrosto Coffee serves upscale and flavored coffees, plus pastries and desserts. A special use permit for a general restaurant in the SR District must meet the following conditions of approval as specified by Section 20- 3.4(B)(4)(b) of the Land Development Code: (b) RESTAURANT, GENERAL i. All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No services of a drive -in or of a fast food nature shall be permitted. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this Special Use Permit The Land Development Code defines the General Restaurant use under Section 20 -2.3 as follows: RESTAURANT, GENERAL. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready-to- consume state and where the design or principal method of operation consists of either of the following: Sit -down restaurants where customers are normally provided with an individual j� menu and food and beverages are generally served in non - disposable containers by a restaurant employee at the same table or counter at which said items are consumed or, Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and consumed on the premises. All such cafeteria -type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additional use in the SR zoning district. In either the case of Sit -down or Cafeteria -type restaurants, public streets, rights - of -way, and sidewalks may not be used for patio or street -side services of any kind. This use may include takeout service, but excludes any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises. Analysis - This application meets the conditions of approval for a special use permit for a general restaurant and meets the Code's definition of general restaurant. The restaurant is contained wholly on private property, and will not offer patio or street side services in the public right -of- way. The site plan shows substantial interior renovations within this "Contributive Building" in the Hometown District, and minor exterior renovations (including removing glass block in order to construct a corner entrance at Sunset and S.W. 58 Court, a change which is viewed favorably by staff and Planning Consultant Victor Dover) which will be subject to ERPB review. The proposed site plan in staffs opinion merits approval by the Commission and will enable substantial property renovation at a well -known Hometown District location. The remaining condition for special use permit approval of a general restaurant is that no drive -in or fast food services are permitted. The proposed restaurant has no drive -in component, and is not a fast food restaurant, which is not defined by our Code, but is defined in the American Heritage Dictionary, 3rd ed., as follows: "Fast food n. Inexpensive food, such as hamburger and fried chicken, prepared and served quickly for consumption on the premises or elsewhere." The applicant made a convincing presentation to the Planning Board on this issue and described comprehensive on -site preparation of all major ingredients from scratch (excluding canned corn and beets), including 24 -hour marination of turkey, prior to its being fresh - roasted. The food is prepared in a time- consuming manner and includes a wide variety of ingredients. The great majority of which are fresh. (Each Commissioner will be provided for their review a copy of Koo Koo Roo franchise information, including a menu, which will further communicate that this is non -fast food restaurant concept). Food is ordered and received in a cafeteria -type line and served on "upscale" paper plates, with metal silverware. The customer then proceeds to a table set with flowers. Take -out can be accornodated, and is envisioned by Mr. Aronson (Koo Koo Roo franchise owner) to account for approximately 28% of sales at this location; Mr. Aronson anticipates that 15% of sales will be delivered, and that the remaining 57% (approximately) will be for seated custmers. Both deliveries and take -out service are allowed under the Code definition of general restaurant. Although the Code definition states that "cafeteria -style restaurants ... food and beverages are generally served in non - disposible containers," this language does not preclude disposable containers (described above by the applicants as "upscale" paper plates). In conclusion, special use permits applications meets the Land Development Code caieteria for a general restaurant and should be approved. The renovation and new business represented by this application are in accord with the City's on -going interest to encourage development and re- development and enhance the commercial tax base. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Dean Mimms, AICP Director of Building, Zoning & Community Development Dept From: Bill Mackey Planner REQUEST: Date: September 9, 1994 Re: Item #2: PB -94 -017 Koo Koo Roo Restaurant Request 1: Special Use Applicant: Androulakis- Korres, Inc. represented by Koo Koo Roo Country Kitchen Restaurants Request 1: Special Use Permit for a restaurant, general in the SR Specialty Retail district, as specified in Section 20 -3.3 (D) of the Land Development Code. Location: 5850 Sunset Drive (formerly J.J.'s American Diner) BACKGROUND & ANALYSIS: See attached memorandum by Brian T. Soltz, Planning Intern. RECOMMENDATION: The staff recommends that the Planning and evaluate the proposal, in order to approval, disapproval or approval with Commission, regarding the nature of th determine whether or not this use does (B)(4)(b)( ii ), and whether this use is the Hometown District. COMPREHENSIVE PLAN: Board carefully consider best recommend either modifications to the City is restaurant use, to comply with Section 20 -3.4 or is not appropriate in The proposal is not inconsistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. APPLICABLE REGULATIONS: Section 20 -2.3 Definitions (Restaurants) Section 20- 3.3(D)Permitted Use Schedule Section 20 -3 .4(B)( 4)(b)( ii ) of the LDC . E CITY OF SOUTH MIAMI V7INTER - OFFICE MEMORANDUM To: Dean Minims, AICP Director of Building, Zoning & Community Development Dept From: Brian Soltz �V Planning Intern Date: September 9, 1994 Re: Androulakis, Korres Inc. Koo Koo Roo Restaurant Special Use Permit This memorandum concerns the request for a special use permit for a restaurant by Androulakis, Korres Inc.. The subject property is located at the comer of Sunset Drive and 58 Court (5850 Sunset Drive). This places the property in the "SR" Specialty Retail Zoning District and within the Hometown district. The previous use of the property was a restaurant named JJ's Diner. This property is a very prominent location in the hometown district and any decision on the use should be a careful one. The applicant proposes to divide the property into three parts. The first part, approximately sixty percent of the building, will be used by a franchise restaurant named Koo Koo Roo Country Kitchen. Koo Koo Roo is a sit -down / take -out restaurant featuring turkey and chicken. The second section, approximately twenty percent will house Arrosto Coffee Shop. Arrosto Coffee Shop will offer different types of coffee and a selection of pastries. The remainder of the building will be reserved for a retail use not yet determined. This Special Use Permit is only needed for the restaurant and the coffee shop portion of the property. Special uses may be approved and permitted by the City Commission at a public hearing, after a recommendation by the Planning Board, provided that such use is specifically listed as a permitted special use in the appropriate district column in the Permitted Use Schedule (Section 20 -3.3 E), and that such use complies with the following requirements and any other conditions that the City Commission may consider appropriate and necessary: 1) Use must comply with all requirements established in the appropriate zoning districts. 2) Use must be compatible with the existing or planned surrounding uses. 3) No service of a fast food nature shall be permitted. c: According to the Permitted Use Schedule, the Restaurant, General use is allowed with a Special Use Permit in the "SR" Specialty Retail District. The staff believes that the Restaurant, General use is consistent and compatible with the existing and planned surrounding uses. Both the Hometown Plan and the Land Development Code provide for the Restaurant, General use. The proposed use complies with zoning requirements contained in the Hometown District Ordinance and in Section 20 -3.4 (B)(4)(b), except for a possible conflict with Section 20 -3.4 (B)(4)(b)(ii). Staff believes that the proposed use is questionable considering whether or not it is consistent with the Section 20 -3.4 (B)(4)(b)(ii): (ii). No services of a drive -in or of a fast food nature shall be permitted. The staff recommends that the Planning Board and the City Commission carefully review the proposed use to determine if the nature of the use is consistent with this subsection. Attachments Bill Mackey, Planner SECTION 20 -3.3 (D) zc)wxwG D2STR =C'3 =' Liquor Store R L M N S G I H P P C P USE TYPE 0 0 0 R R R P I R O A ' Mobile Food Ve N R Monument Sales P D R Liquor Store P P P 11 Lumber & Building Materials Store P 11 ' Mobile Food Ve ''° Monument Sales P 11 Motorcycle Dealer ISIS S P 9 11 Newsstand P 6 1 Office Supplies P P P 11 Paint, Glass & Wallpaper Store ISIS P . P 11116 11 Pet Sales or Grooming Serviceg P P Plant Nursery or Greenhouse P P 11 Plumbing Shop P P 11 Poultry, Meat r Seafood Market P P Recreational Vehicle Dealer S S 9 11 Restaurant, Accessory S S 16 N/. Restaurant. Convenience 7 Restaurant, General S S S P 7 Restaurant, Walk Up S S N4c 7 Sewing. ee o or Gggds Store Shoe Store P P P 11 Small Restaurant S 19 12 Sporting Goods Store Tobacco Shop S S P P P P 16 11 Used Merchandise Store:Antiques P P P 11 Used Merchandise Store:Consianment Goodsl I I I S aa 6 11 Used Merchandise Store:Secondhand Goods S S 6 11 Used Merchandise Store:Vehicle Parts I I S 6 11 Variety Store P P P 11 Wholesale Sales & Storage M I I 1 P 13 1 Revised January 15., 1991 by Ord. # 3-91-1468-under Section 15 -t Miscellaneous provisions, South Miami Code of Ordinances (see next pac LDC: UPDATED JUNE 1993 4 5 CITY OF SOUTH MI) 11 SECTION 20 -3.4 SPECIAL USE CONDITIONS (3) FUNERAL HOME (a) All such uses shall be located on a site of not less than one (1) net acre in area. (b) All such uses shall have not less than twenty -five (25) off- street parking spaces on -site. (c) No parking spaces shall be located between the front or side of the principal structure and any street right -of- way line. (d) All ambulances and other equipment shall be stored in a completely enclosed structure when not in actual use. (e) Principal structures shall have a minimum setback of at least forty (40) feet from any side property line. (4) RESTAURANTS, (a) RESTAURANTS, CONVENIENCE i. No vehicular ingress nor egress shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications, including, but not .limited to, traffic circulation, landscaping, lot size, access and facility arrangement for this Special Use Permit. �*(b) RESTAURANT, GENERAL ° i. All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No services of a drive -in or of a fast food nature shall be permitted. Revised 08 121190 by Ord. # 13 -90 -1452; Revised 11/19/91 by Ord. # 26 -91- 1491 -A *LDC: UPDATED JUNE 1993 4 8 CITY OF SOUTH MIAMI ID SECTION 20-3.4 SPECIAL USE CONDITIONS iii. The City Commission shall review and recommend approval, disapproval or modification of ail site plans and project specifications for this Special Use Permit. (c) RESTAURANT, WALK -UP i. Containers for the proper disposal of waste materials must be provided by the restaurant at all times during the hours of operation. The number of required containers shall be that approved by the City Commission. Such containers must be kept clean and well maintained at all times. ii. No such facility shall be permitted along streets and rights -of -way bordering residential zoning districts in the City of South Miami. iii. This use excludes any service to a customer in a motor vehicle, but may include delivery service with City Commission approval; seating is not required; food may be consumed at inside tables or at the patio area on private property. Public streets, rights -of -way and required setbacks shall not be used for street -side services of any kind. iv. No Walk -Up Restaurant may sell or offer for sale any alcoholic beverage for consumption on or off the premises, including delivery, at any time. V. The City Commission shall review and recommend approval, disapproval or modification of all site plans and specifications, including, but not limited to, pedestrian circulation, facility access and facility arrangement for this Special Use. (d) RESTAURANT, DENSITY i. Respective restaurant sites shall not be allowed to occupy more than the following percentage of the allowable first floor building area of any of the following zoning districts: NR 5% I 10% GR 25% SR 25 LDC: UPDATED JUNE 1993 4 g CITY OF SOUTH MIAMI SECTION 20-2.3 P — O —TZ DEFINITIONS RESTAURANT, ACCESSORY. Shall mean an establishment where the principal business is the sale of food and =everages to the customer in a ready -to- consume state and where the design or principal method of operation consists of a small specialty restaurant having floor area exclusively within an office center, sharing common parking facilities with other businesses within the office center, and having access to a common, _n =erior pedestrian and delivery service, but excludes any service = a customer in a motor vehicle. Seating must be provided for all patrons and signage outside the center is prohibited. Revised 11 -19 -91 by Ord. 126 -91- 1491 -A RESTAURANT, CONVENIENCE. Shall mean an establ_shment where the principal business is the sale of food and ::everages to the customer in a ready -to- consume state and where the design or principal method of operation is that of a fas= -food or drive -in restaurant offering quick food service, where ors --rs are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where 'ood and beverages may be served directly to the customer in a mo=or vehicle. This use may include delivery service with City Comm_ssion approval. Revised 11 -19 -91 by Ord. # 26- 91- 1491 -A RESTAURANT, GENERAL. Shall mean an establishment where the principal business is the sale of food and _everages to the customer in a ready -to- consume state and whe =e the design or principal method of operation consists of either :f the following: Sit -down restaurants where customers are normaliv provided with an individual menu and food and beverages are gener=`� ly served in non - disposable containers by a restaurant employee a= the same table or counter at which said items are consumed; or, Cafeteria -type restaurants where food and bever ages are generally served in non - disposable containers and consume, on the premises. All such cafeteria -type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additic -al use in the SR zoning district. In either the case of Sit -down or Cafeteria--:, pe restaurants, public streets, rights -of -way, and sidewalks ma7 not be used for patio or street -side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises. Revised 11 -19 -91 by Ord. # 26- 91- 1593 -A LDC: UPDATED JUNE 1993 2 O C_TY OF SOUTH MIAMI 11 AMERICAN HERITAGE DICE UNARY fastening 664 . fas - ten - ing (fas f a -ning) n. Something, such as a hook, used to attach one thing to another firmly. fast food n. Inexpensive food, such as hamburgers and fried chicken, prepared and served quickly for consumption on the premises or elsewhere. —fast f -food i (f ast r food 1) adj. fast - for -ward (fast- forwward) or fast forward n. 1.a. A function on an electronic recording device, such as a videocassette or tape player, that permits rapid advancement of the tape. b. The mechanism, such as a button, used to activate this function. 2. Informal. A rapidly changing situation or series of events: "The trial was on fast forward" (Nelson DeMille). — fast - forward v. -ward - ed, -ward - ing, - wards. — intr. ' To advance a tape rap- idly on an electronic recording device. — tr. To advance (a tape) rapidly on such a device. fas -tid -i -ous (fa- stidfe -as, fa -) adj. 1. Possessing or display - ing careful, meticulous attention to detail. 2. Difficult to please; exacting. 3. Excessively scrupulous or sensitive, especially in matters of taste or propriety. See Synonyms at meticulous. 4. Microbiology. Having complicated nutritional requirements. [Middle English, squeamish, particular, haughty, from Old French fastidieux, from Latin fastidiosus, from fastidium, squeamishness, haughtiness, probably from fastus, disdain.] — fas- tidii- ous -ly adv. — fas- tidli- ous -ness n. fas -tig -i -ate (fa- stijie -1t) also fas- tig- i -at -ed (- e-a1t1d) adj. Botany. Having erect and almost parallel branches tapering to- ward the top, as in the Lombardy poplar. [Medieval Latin fasti- gidtus, high, from Latin fastigium, apex, height.) —fas - tig' - i- ate -ly adv. fas- tig -i -um (fa- stijQ -am) n. The period of maximum sever- ity or intensity of a disease or fever. [Latin, apex, height.) fast lane n. Informal. A reckless, self- indulgent, and free - spending sphere of activity, often involving dissipation: "the cu- linary fast lane ... where sea urchins and arugula salads flourish " (Boston Globe). — fast r -lane l (f ast I lan l) adj. fast -ness (fastfnis) n. 1. The condition or quality of being fast, especially: a. Firmness; security. b. Rapidity; swiftness. 2. The quality or condition of color retention; colorfastness. 3. a. A secure or fortified place; a stronghold. b. A remote, secret place. fast one n. Informal. A shrewd trick or swindle; a deceitful or treacherous act. fast -talk (fastftok') ir.v. - talked, -talk -ing, - talks. Informal. To persuade, mislead, or obtain with a smooth line of talk: fast - talked him out of his money; fast - talked her way into the show. — fastf- talkser n. fast track n. Informal. The quickest and most direct route to achievement of a goal, as in competing for professional advance - ment: "Making complaints against the public is hardly the fast track to elective office" (New Yorker). — fastf- trackf (fast- seat Lwasher trak /) adj. - --fast track fer n. fat (fat) n. 1. a. The ester of glycerol and one, two, or three fatty acids. b. Any of various soft, solid, or semisolid organic corn- Y L, ov O to t x rn 11 y r ol r{ A � Q �1 s n� �0 w y •'r rU1 O v OIItTIM OfA1R O �4 Q mo 04 O x> X CO AO 2z -100 Ic as it, .`fig, � JL if 4 n im f w f o � f I x 1 C � � :'K00 K00 R00 RESTAURANT soma nuvs at w u cm - saner taus. n "o" Charles Giller, AIA REASONS FOR CHANGE SPECIAL USE PERMIT 1. The premises have been used as a JJ's restaurant for approximately 11 years. 2. Approximately 60% of the premises are proposed for use as a Koo Koo Roo restaurant, approximately 20% for use as an Arrosto Coffee restaurant, and the remaining portion for an undetermined, but code authorized use. A. Koo Koo Roo is a sit -down /take -out restaurant featuring fresh hot turkey carved from the whole bird in front of the customer, rotisserie chicken, skinless flame - broiled chicken and fresh hot and cold side dishes. It is a full service restaurant in the "back of the house" and a rapid service restaurant in the "front of the house." Emphasis is placed on clean and cheerful decor. Current system wide hours of operation are 11 A.M. to 10 P.M. Koo Koo Roo is listed on the NASDAQ exchange. It is based in Los Angeles and has a strong presence there with seven restaurants in the market and several others in various phases of development /construction. B. °Arrosto Coffee is a concept purchased by Koo Koo Roo, Inc. after it was voted best coffee in Los Angeles. It is in development to be franchised nationally. In addition to "up scale" coffee presentations, flavored coffees are rotated weekly. Bagels, pastries and desserts supplement the coffees. 3. The corner of the location at Sunset and 58th is currently glassed in. Applicant proposes to open up the corner with an 'attractive entryway. This will return the focus of the property to Sunset Drive and will enhance the look of the property. 4. The use of the interior is consistent with the former use; although, a complete renovation of the interior is planned. See Koo Koo Roo brochure submitted with this document. No brochure is available for Arrosto. u Oak Sli I J, City of South Miami 6130 Sunset Drive. South Miami. Flonda 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Phone: �,�, _(Y Q 2 Property Owner: ! �. (� Si nature: Address: f• S �, /,!6S7ht <ti1- Phone Number: Represented By:'� rd, u Organization: Address: / � ,,- - C > Phone: � c (' .� % y <: Y o Architect /Engineer: ,f/(�, Phone: Owner —= _ Option to purchase _ Contract to purchase _ Copy attached? If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot (s) Block subdivision' C 9�E'�' u S- PB Notes and Bounds: Township, Section Range APPLICATION IS HEREBY MADE FOR THE FOLLOWING: Variance -,A—, Special Use ` Rezoning Text Amendment to LDC ® Text Amendment to Comp Plan _ PUD Approval ® PUD Major Change Briefly explain application and cite specific Code sections: SECTION: SUBSECTION: PAGE �`: ` AMENDED DATE: I—q-3 SUBMITTED MATERIALS 'Letter of intent -Statement of hardship _ Reasons for change: from owner /tenant inherent in the land list justifications Proof of ownership Z power of attorney — Contract to purchase Current survey 7 copies of Site Plan ✓Required fee(s) for within 3 years 1 reduced @ 8.5" x 11" cost of advertising The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to the best of the applicant's kno!,ec,a an� belief. A- /� �, G limos �.' c v � -r' -1 C- (% rs-x -Y Date �'Vj- Applicant's Signature /and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY DATE PB HEARING ADVERT DEADLINE DATE FILED M- � J - %y CCEPTED REJECTED,� COMMISSION PETITION REQUIRED OTHER INFO PETITION ACCEPTED —' PLAT d OF SUR VE Scale: VA= 20' T-106 (s�us� �. j .C' T or -,p ,--;: mni f A � c 2' GJ¢8 � C,rJtT�Q. of ` 15.08 C Q�ct� °;r� 75.32 Neas.) a� �►ouuo B0.ou PIPE O "Ck =A � V _� ,8 3 o t® v Fou"o '/z' 36.00 A s � � Iu • ' Imo 5,0' Q 4' QV 4 � c di Co � v ,d N e,}c-6 3 r N p Ossrn 5 I / T✓ L� iY1 IV � .+i V 4,1 r = cone. O •T g,o d0. 10 443. Co a �v — 75 °° .cao (ems.) FoUuo' /2 eo+J p• pc UJoaa, ouer4�g�, wjre5 Po \e •y 3 � .s o u V roo u/ UJ �.5 � ' t a i tP a w m Q e,}c-6 3 r N p Ossrn 5 I / T✓ L� iY1 IV � .+i V 4,1 r = cone. O •T g,o d0. 10 443. Co a �v — 75 °° .cao (ems.) FoUuo' /2 eo+J p• pc UJoaa, ouer4�g�, wjre5 Po \e •y 3 � .s o u V roo u/ UJ CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING Building, Zoning & Community Development Department 6130 Sunset Drive, 2nd Floor; South Miami, Florida 33143 Phone. ( 305) 663 -6325; Fax #: ( 305 ) 666 - 4591 ----------------------------------------------- - - - - -- - - - - -- On Tuesday, September 13, 1994, at 7:30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on all of the following matters. On Tuesday, October 4, 1994, at 7:30 P.M. in the Commission Chambers, the City Commission of the City of South Miami will conduct a Public Hearing on all of the following matters. PB -94 -017 Applicant: ANDROULAKIS - KORRES, INC. Request 1: Special Use Permit for a restaurant, general in the "SR" (Specialty Retail) District, as specified in Section 20-3.3 ( D ) of the Land Development Code. Request 2: Variance from Section 20 -4.3 (I)(12) to permit a flat sign which does not face the address street on the Property located in the "SR" Specialty Retail District. Location: 5850 S.W. SUNSET DRIVE (72 STREET); South Miami, FL 33143 (A Commercial Property, Located in the Hometown District) YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (FLORIDA STATUTES 286.0105). PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN THE CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143, AT THE AFOREMENTIONED TIMES AND DATES. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE PLANNING BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. COPIES OF ANY PROPOSED ORDINANCES CAN BE INSPECTED IN THE CITY CLERK'S OFFICE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING 663 -6325 OR BY WRITING TO THE DEPARTMENT AT CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. THIS IS A COURTESY NOTICE L F f L/ d8 r ♦ s � V t• V t. •s i � a df d 1f / • � � 0 4 � of Jaw / ai • • � 4 ffi 4 f 1t /J to ttoi I - n n If r A a CITY h ,♦ n L`, w e. n x x 9•)• ♦I 1' HI•Lb ♦, 1. n ♦• 1. •e A Its 0 to 1-7 04 �{ , •. . 14 „ f• .• a N ), w if 76 It I 14, f • �,J) I 9 � s ►r 4 � r �® w • ! s ,t fit r.1 a f♦ ♦. e w ►� I N t• f J s ��, et' , • r f• p fJ (ARR,N AOR AM 77 T ♦� ♦ ,• f 1• `: • . fie. � L! ♦,I a 'pe °s + r • .1 .I •6 f f — • 7)s .♦ " Js L /• w f. /. ro r n .• .e E N N n M1e t w e•e• e d ♦ � !�� I L , ` !d f ,♦ ..r ..1s .l t '� ♦ w v s rr 7i 3 � >< 6 V y 3 I ♦ .f ♦ e /1 N ; I 3 f /♦ � e /r u p r, l e p " e � ,. ; f ,• V f � T s f man I 1 � Al s i• ) I• N 1 � ham- % �A- t ' I• 9 r0 t v L r•. D 5W ST Y A ♦ • ♦ I APPLICANT: Androiolnk; s korecs i IA C. OWNER: MAP REFERENCE: ���� C �SNr,SC� � �I�• ?� Sf COMMENTS: V CITY oG MUN MIAMI ^ PLANNING 50ARD Compass Scale G S ' , S%o ••�- Date._ ' ti • r • s s • s Drn ./3. r.$. Chk . 7r. . He -a ring No. 01P. PB -94 -017 Applicant: Androulakis- Korres, Inc., represented by Koo Koo Roo California Kitchen Request Z: Special Use Permit for Restaurant, General in the SR (Specialty Retail) District, as specified in Section 20 -3.3 (D) of the Land Development Code. Request 2: Variance from Section 20 -4.3 (I)(11) to permit a flat sign which does not face the address street on the property located in the SR (Specialty Retail) District. Location: 5850 Sunset Drive (formerly J.J.'s American Diner) [A HOMETOWN DISTRICT PROPERTY] Staff recommended denial of the variance and suggested careful review of the request for a special use permit, request number 1. Public hearing was opened. Mr. Mitchell Aronson, representative of Koo Koo Roo California Kitchen, signed in. Mr. Aronson stated that the applicant requested deferral of request 2 due to lack of required number of signatures on petition. Mr. Aronson spoke in favor of request 1, special use permit for a•restaurant. Mr. Aronson clarified the concept of "fast food" restaurant, and explained that Koo Koo Roo California Kitchen did not consider themselves to be this type of restaurant. He stated that they classify themselves as a "home- style / home- replacement" type of restaurant. ti Mr. Aronson stated his guarantee that a drive -in or drive -thru establishment will not be attempted at the site. Executive session was opened. The Board spoke in favor of the request, citing positive development and improvement in pedestrian traffic within the SR District. Motion: Mr. Gutierrez recommended approval of request number 1 of the application, special use permit for a restaurant, as presented. Mr. Basu seconded the motion. Vote: Approved: 6 Disapproved: 0 9 -13 -94 Planning Board CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 305 -663 -6338 To: M ayor & City Co ssion Fro --�E` e Cox City Manager Date: June 7, 1995 06/13/q.r-; Commission Agenda Re: # -4 : Resolution for Contract Award for the provision of a local government computer processing System. -------------------------------------------------------------------------------------------------------------------- Funds were allocated in the City of South Miami's 1995 budget to provide a local government computer processing system. The RFP issued in March, 1995 focused on Phase 1, to provide hardware, software and services needed in Finance, Building and Zoning, and Community Development. Two vendors responded with proposals. The proposals were reviewed and ranked. The International Development Advisory Service proposal most closely met our requirements at the lowest cost and so was ranked number one. The Intergraph Corporation proposal was ranked number two. The attached resolution authorizes initiation of negotiations with the number one ranked vendor, International Development Advisory Service (IDAS). If our negotiations with IDAS fail to provide the best configuration at the lowest cost, the resolution authorizes initiation of negotiations with the number two ranked vendor, Intergraph Corporation to provide the system. I recommend approval of this resolution. a�a I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO INITIATE NEGOTIATIONS WITH THE INTERNATIONAL 6 DEVELOPMENT ADVISORY SERVICES (IDAS), THE NUMBER ONE 7 RANKED VENDOR FOR PROVIDING THE CITY A LOCAL GOVERNMENT 8 COMPUTER PROCESSING SYSTEM AS DEFINED IN THE REQUEST 9 FOR PROPOSAL; AND, IF NEGOTIATIONS WITH IDAS FAIL TO 10 PROVIDE THE BEST CONFIGURATION AND COST OF THE SYSTEM, 11 AUTHORIZING THE CITY MANAGER TO THEN OPEN NEGOTIATIONS 12 WITH INTERGRAPH CORPORATION, THE SECOND RANKED VENDOR 13 TO PROVIDE THE BEST CONFIGURATION AND COST OF THE 14 SYSTEM. 15 16 WHEREAS, the City issued the Request for Proposal for 17 Local Government Computer Processing System on March 1, 18 1995; 19 20 WHEREAS, two vendors, International Development 21 Advisory Services (IDAS) and Intergraph Corporation, 22 provided acceptable responses to the RFP; 23 24 WHEREAS, IDAS provided the response which most closely 25 meets the requirements of the RFP at a lower cost; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE 28 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. That the City Manager initiate 31 negotiations with International 32 Development Advisory Services (IDAS), 33 the number one ranked vendor, for the 34 contract to provide the City a local 35 government computer processing system, 36 as defined in the Request for Proposal. 37 38 Section 2. That, if negotiations with the number 39 one vendor, IDAS, does not result in 40 providing the best configuration and 41 cost of the system, the City Manager be 42 authorized to open negotiations with the 43 Intergraph Corporation, the number two 44 ranked vendor, to provide a local 45 government computer processing system in 46 order to attain the best configuration 47 and cost of the system. 48 49 50 51 52 53 54 11 1 2 PASSED AND ADOPTED ~his 6th day of June, 1995. 3 4 APPROVED: 5 6 7 8 9 Neil Carver 10 Mayor 11 12 ATTEST: 13 14 15 16 17 Ronetta Taylor 18 City Clerk 19 20 21 READ AND APPROVED AS TO FORM: 22 23 24 25 26 Earl G. Gallop 27 City Attorney 28 It From: Slaven Kobola. Planner To: Eddie Cox, City Manager Date: May 17, 1995; revised May 19, 1995 _ Re: Selection of the RFP Bidder and Contract Award Only two responses to the City of South Miami's Request for Proposal (RFP) for the Local Government Computer Processing System were received: by the Intergraph Corporation; and by the International Development Advisory Services (IDAS). The proposals can be summarized as follows: • IDAS proposed a system which matches the specifications stated in the RFP. Consequently, it would achieve acceptable performance. In a case of increases in demands beyond the RFP specifications, the system provides flexibility in a range from adding components to the existing hardware to simply replacing the existing hardware components with the new ones. This was further justified by the lower costs. • Intergraph proposed a system with hardware which is more powerful than required by the RFP. Consequently, it would provide superior performance. Only significant increases in demands to the system would cause a need to upgrade the system, which would, however, require adding components to the existing hardware (limited upgrading path). In a comparison, the Intergraph's system is more powerful, and all the proposed software is integrated under the Windows NT network operating system. The IDAS satisfies all the requirements and specifications of the RFP at a lower cost. Both systems introduce quality brand -name hardware and GIS software, while the Permits, Occupational Licensing, Code Enforcement and Finance software are rather unique by definition. The proposals were also evaluated with respect to meeting the RFP requirements. Most of the RFP requirements were met or exceeded; the requirements that had not been graded by the bidders as "meeting or exceeding the requirements (Y or Y +)" are evaluated as major or minor disadvantages in the comparison matrix (below). In addition, the general comments include evaluations in terms of performance, cost, general suitability to tasks and evaluations of proposed components by independent evaluators (computer magazines), and other terms which would rather be in the general computing issues domains. More detailed comparison is provided in the following matrix. Intergraph vs. IDAS (Page 2) I I Intererauh I IDAS 4. Vendor Profile 5. Objectives and Needs (preferences) 6. Software Specs it Intergraph (contractor /team leader) • Main business: design and production of software and hardware. • In business since 1969. • GIS and municipal applications installations world -wide; local installations for Palm Beach County, St. Lucie County, Lakeland, Orlando, Plantation. ADG (subcontractor) • Main business: municipal software. • In business since 1987. • Installations in Polk County, St.Lucie County, Indian River County, municipalities nation -wide. Fully met. Met or exceeded, except for the following: • GIS translation for some brand -name software formats not fully supported. (minor disadvantage) • Code Enforcement module not provided; will be done as a customized application. (major disadvantage: not available at the time of installation; other problems possible) IDAS (contractor /team leader) • Main business: GIS. • In business since 1980; State of Florida corporation since 1986. • GIS installation for Coral Gables, Hialeah, Miami, Homestead, Metro - Dade County. Waldec Group (subcontractor) • Main business: System Integration. • In business since 1982. • Fortune 500 customers, plus City of Coral Gables Police; Sun- Sentinel, Ft. Lauderdale. SMI/HTE (subcontractor) • Main business: Integrated Municipal Software. • In business since 1981. • 500 municipalities nationwide. Met; however, a throughout implementation of the preferred Windows NT network operating system cannot be realized initially: proposed is a IBM AS400 server to be provided until the PC -based Permits, Occupational License, CE and Finance software is developed, which transition would be transparent to the users. Met or exceeded, except for the following: • GIS data organized in a separate data base. (major disadvantage) • Limited GIS third dimension functionality. (minor disadvantage) • GIS raster -to- vector conversion software not included, but provided as an option. (minor disadvantage) • GIS manipulation of raster data not included. but provided as an option. vs. IDA5 • Permits and Occupational License data base management not defined. (major disadvantage possible) • Permits and Occupational License data entry and modification approvals and forms not included or not in the desired form. (major disadvantage) • Permits and Occupational License phone and portable computer interface not available and may be selectively provided. (minor disadvantage) • Permit and Occupational License printing not included, but will be provided as custom option. (major disadvantage possible) • Permit inspection scheduling not included, but will be provided 9/95 (major disadvantage possible) • Permits, Occupational License and Finance automatic reporting not provided; available only upon user request. (minor disadvantage) • Occupational License automatic generation and printing of delinquent accounts and letters of renewal not provided. (minor disadvantage) • Finance software satisfies almost all required specifications; however, it would require the Finance Director's approval. 7. Met or exceeded, except for Integration Permits/Inspection applications not Specs I graded. (minor disadvantage) J (minor disadvantage) • GIS interfaces to electronic field collectors not included, but provided as an option. (minor disadvantage) • GIS historical tracking not completely included. (minor disadvantage) • GIS grid and terrain analyses not included, but provided as an upgrade option. (minor disadvantage) • GIS dynamic segmentation not completely included; provided within the upgrade path. (minor disadvantage) • GIS network analysis not completely included; provided within the upgrade path. (minor disadvantage) • Permits, Occupational License, CE and Finance automatic reporting not provided; available only upon user request. (minor disadvantage) • Permits, Occupational License and CE phone and portable computer interface not available and may be selectively provided. (minor disadvantage) • Occupational License automatic scheduling and confirmation of approvals not provided (minor disadvantage) • Finance software satisfies almost all required specifications; however, it would require the Finance Director's Met or exceeded. Even more extended features possible if the suggested upgrade to ArcInfo for Windows NT will be implemented. However, the dBase software may lack power /features to support the 8. Met or exceeded. Met or exceeded, especially if the Customizat- suggested upgrade to ArcInfo for ion Tools Windows NT will be implemented. /I S - 9. Operating 10. Hardware Regs 11. Support Services Implement - ation Data Base Management System (DBMS) Hardware Existing Users h vs. WAS Met or exceeded. Met or exceeded. Comment: the proposed hardware components mostly exceed the RFP requirements. Met. Possible problems with ADG software Code Enforcement module which has to be custom -made completely which will cause a delay in implementation. In addition, the features that are not provided and marked "major disadvantage" may be realized is they will not be feasible for correction and/or implementation. Oracle software: often evaluated among the best DBM software by independent evaluators (computer magazines); customarily used in networked environments. (Cost $18;650) More powerful than required, City of South Miami would be the first Intergraph's installation in Dade and Broward Counties. 21 Met or exceeded. Met or exceeded. Comment: the proposed hardware components mostly match the RFP requirements, except for the following: • Server Super VGA console not included, but provided as an upgrade option. (minor disadvantage) • Server multiprocessing not provided. (minor disadvantage) • Workstation B "high" graphic accelerator not included, but provided as an upgrade option (minor cost - wise disadvantage) • Workstation C 15" inch monitor not included, but provided as an option. (minor cost -wise disadvantage) Met. Possible problems with transfer of the Finance software from IBM AS400 to PC platform. However, the transfer would be transparent to the users and the IBM AS400 computer would stay ($30,000 value) if not transfer is not successful. DBM included in the software packages; dBase for Windows software ( "old" generation DBM software) is additionally introduced in conjunction with GIS. (Cost $315) Highly evaluated by independent evaluators (computer magazines). Already existing installations of ESRI's software throughout Dade and Broward Counties. Intergraph vs. IDAS (page 5) Z.+i:� faNff yifr+i' �} i rf{K� tiY cx' .s7�fi i -cup, 3 �Fl iii ��7 t �._r"' %s ti� .. °. / -� i'"'n.',. ;'�"FR ..�k'�a ,.. � � Cx ,':' `.K ., �:.�° 36 -Month System Price: $343,312 System and Lease Maintenance: $81,869 Maintenance: Total: $425,181 Total: $255,000 Monthly Payment: $13,274 Monthly Payment: $8,350 Total Payments: $477,864 Total Payments: $300,600 (Financing Cost) $51,995 (Financing Cost) $45,600 60 -Month System Price: $343,312 System and Lease Maintenance: $142,526 Maintenance: Total: $485,838 Total: $308,000 Monthly Payment: $9462 Monthly Payment: $6,775 Total Payments: $567,720 Total Payments: $406,500 (Financing Cost) $81,882 (Financing Cost) $98,500 Wg Both bidders "Minimum Configuration" Not defined by IDAS - pending City's provide that (less powerfull hardware, but still request. different meeting RFP specs). software and hardware 36 -Month Lease components may System Price: $282,430 substitute the Maintenance: $81,869 proposed Total: $364,299 ones (which may change Monthly Payment: $11,323 the pricing, Total Payments: $407,628 but not (Financing Cost) $43,329 significantly). 60 -Month Lease System Price: $282,430 Maintenance: $142,526 Total: $424,956 Monthly Payment: $8,205 Total Payments: $492,287 (Financing Cost $67,331 m ....� CITY OF SOUTH MIAMI ® 6130 Sunset Drive, South Miami, FL 33143 305 - 663 -6338 ------------------------------------------------------------------------------------------------------------------------ To: ror & City Com on Date: June 7, 1995 From: ddie Cox 06/13/95 Commission Agenda City Manager Re: # 12 : Outdoor Seating /Dining Uses and Areas Request: An ordinance to amend Article VII, Hometown District Overlay Ordinance, in order to provide regulations for outdoor seating/dining uses and areas. Background: The Hometown Ordinance established several pre- approved locations for outdoor dining. However, in reviewing applications for outdoor dining by several restaurants in the Hometown District, the need for an ordinance which establishes guidelines for outdoor dining became evident. This proposed ordinance for first reading addresses an important subject matter that is in need of codified guidelines which would be amended to the Hometown Ordinance. Regulations related to outdoor seating in other municipalities have been used as a template in drafting the proposed regulation, adapted to comply with the City of South Miami's goals, regulations and procedures. The SR Committee reviewed the regulation on February 27 and on June 5, 1995. Their comments and recommendations have been considered in the revision of the proposed regulation. However, the SR Committee recommended that the fee should be reduced to five dollars ($5.00) per square foot of sidewalk area, and the administration does not concur with this recommendation. The administration believes that the ten dollar ($10.00) per square foot fee is appropriate considering the administrative cost of application review, and regular monitoring including code enforcement. Also, we have surveyed other municipalities to determine the fees charged for outdoor seating, and have determined that this proposed fee is comparable. The administration is, therefore, recommending a fee of $10.00 per square foot. Applications for outdoor seating/dining area and use will be processed as other applications for development (ADPs) in the Hometown District. Recommendation: Approval attachments 12 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Mimms, AICP Date: March 16, 1995 Director of Building, Zoning & Revisions: 3124195, 3131195, 612195, 616195 Community Development Dept From: Slaven Kobola Planner Re: Outdoor Seating /Dining Ordinance Please find below the revised outdoor seating /dining regulations to be amended to the Hometown ordinance. The revisions include remarks and suggestions expressed during the SR Committee meetings on February 27, 1995, and June 5, 1995, as well as ones which we found applicable in our discussions about this issue, and as outlined in my previous memoranda, dated 2/10, 2/27, 3/8, 3/13 and 3/15, 1995, and memorandum revised by Bill Mackey, 6/2/95. The regulations are provided in the Ordinance format, ready to be submitted to the City Commission. As I tried to make this regulation "simple" and ready for implementation as soon as possible, I did not diverge into code enforcement and other issues that may be involved, but rather left these issues to be covered by existing regulations. Consequently, some of the issues addressed by the SR Committee, like the minimum width of pedestrian passage, is contained elsewhere in the Hometown Ordinance. In addition, the suggestion by the SR Committee for the regulation #10 to read: "Tables, chairs and all other furniture used in the operation of an outdoor seating/dining area shall not be anchored or restrained in any manner. Individual table umbrellas, planters or other such non - stationary elements may be permitted u.4hi doe efftdeef seati &:,iing are p ", that is, to omit the strikeout portion is to be decided by the City Attorney. If we decide to expand and /or amend the other related regulations, I suggest the revision of licensing and code enforcement regulations. Considering the code enforcement regulations and fines, I believe that the regulation by the City of Miami Beach, Article VI, Section 39 -40, page 12, may be considered as a template. 1 ORDINANCE NO. 2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE VII, 4 HOMETOWN DISTRICT OVERLAY ORDINANCE, IN ORDER TO 5 PROVIDE REGULATIONS FOR OUTDOOR SEATING /DINING USES AND 6 AREAS; PROVIDING THE CITY MANAGER WITH POWERS OF 7 APPROVAL AND REVOCATION; PROVIDING FOR POWERS TO 8 BUILDING, ZONING AND COMMUNITY DEVELOPMENT DEPARTMENT 9 REGARDING DEVELOPMENT REGULATIONS; PROVIDING FOR AN 10 AMENDMENT TO THE FEE CHARGED FOR LICENSE; PROVIDING FOR 11 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 12 PROVIDING FOR AN EFFECTIVE DATE. 13 WHEREAS, the City of South Miami enacted Ordinance No. 19 -93 -1545 which 14 created a new Article VII of the Land Development Code of the City of South Miami, 15 establishing a Hometown District Overlay District; and, 16 WHEREAS, the Mayor and City Commission desire to further amend this ordinance to 17 regulate outdoor seating /dining use; and 18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 19 OF THE CITY OF SOUTH MIAMI, FLORIDA: 20 SECTION 1. That Article VII, Hometown District Overlay Ordinance is amended by creating 21 the following subsection: 22 Sec. 20 -7.29 Outdoor Seating/Dining Uses and Areas 23 1. In addition to the requirements indicated in Sections 20 -7.3 and 20 -7.4, the ADP shall also 24 include the layout of all tables, chairs, benches and other furniture; pedestrian ingress and 25 egress; location of refuse containers; and other elements necessary to illustrate the 26 proposed outdoor seating /dining use and area (all drawings must be titled, indicate 27 orientation, and be at an acceptable scale). At the time of filing, the Applicant must 28 submit the non- refundable review fee of $250. 29 2. Outdoor seating /dining area and use of the public right -of -way may be approved, denied, 30 or approved with conditions, modifications, safeguards or stipulations appropriately and 31 reasonably related to the intent, purposes, standards and requirements of the related 32 regulations, by the City Manager. Such permit shall not be transferable in any manner, 33 and is strictly a conditional use permit, issued for a period of one year, renewable 34 annually. 35 3. The fee for outdoor dining /seating use and area will be waived for the first year of 36 operation of the subject property, and shall be charged annually in the amount of ten 37 dollars ($10.00) per square foot of sidewalk area; the area shall be defined imaginary 38 border lines including all seating areas and other elements included in the outdoor 39 seating /dining area. The permit fee shall be appended to the license for the main business. 1 4. The applicant shall provide an Indemnity Agreement, which is acceptable to the City 2 Manager. This agreement will include specification of liability insurance provided. 3 4 5. The conditional use permitting of outdoor seating/dining use and area may be revoked by 5 the City Manager upon finding that one or more conditions of these regulations have been 6 violated, or that the outdoor seating /dining area and use are being operated in a manner 7 which constitute a public nuisance, or in any way constitute a liability. 8 6. Outdoor seating /dining use and area may be temporarily suspended by the City Manager 9 for public use /purpose, utility, sidewalk or road repairs, emergency situations or violations 10 of provisions contained herein. The length of suspension shall be determined by the City 11 Manager as necessary. Removal of all street furniture and related obstructions shall be 12 the responsibility of the owner /operator of the outdoor seating /dining. 13 7. Outdoor seating /dining area shall be kept in a neat and orderly appearance and shall be 14 kept free from refuse and debris. 15 8. Outdoor seating/dining use and area shall not interfere with the free and unobstructed 16 pedestrian or vehicular circulation of traffic, public access to any street intersections, 17 crosswalks, public seating areas and conveniences, bus stops, alleys, service easements, 18 handicap facilities or access to commercial establishments. The width and location of the 19 passage is to be determined by the Building, Zoning and Community Development 20 Department. 21 9. Outdoor seating /dining area shall be open and unenclosed. No building structures of any 22 kind shall be allowed in and over any portion of the outdoor seating /dining area located 2 3 on public property, except as allowed by Sections 20 -7.7 through 20 -7.11. 24 10. Tables, chairs and all other furniture used in the operation of an outdoor seating /dining 25 area shall not be anchored or restrained in any manner. Individual table umbrellas, 26 planters or other such non - stationary elements may be permitted within the outdoor 27 seating /dining area, providing that they do not restrict or discourage free use of tables or 28 chairs by the general public. 29 11. Outdoor seating /dining use and area shall be restricted to the length of the sidewalk or 30 public right -of -way immediately fronting the cafe and /or restaurant establishment. The 31 utilization of space extending on either side beyond the subject property frontage may be 32 authorized subject to annual written consent provided by the property owners in front of 33 whose properties the outdoor seating/dining service would occur. 34 12. Outdoor seating/dining area shall be at the same elevation as the adjoining sidewalk or 35 public right -of -way. 36 13. Carts and trays for serving food are permitted in the outdoor seating /dining area. 37 14. Outdoor seating /dining use and area shall not be provided with amplified sound of any 38 kind. 1 2 3 4 5 0 8 9 10 11 12 13 14 15 16 17 In 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, this 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 DAY OF ___— ,1995. ATTEST: Ronetta Taylor City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney Neil Carver Mayor cAoutdoor \outdoor.ord OCTAVIO J. VISIEDO SUPERINTENDENT June 6, 1995 DAD E COUNTY PUBLIC SCHOOLS SOUTH MIAMI MIDDLE/COMMUNITY SCHOOL OOL CENTER FOR THE ARTS 6750 S.W. 60TH STREET • SOUTH MIAMI, FLORIDA 33143 • (305) 661 -3481 • FAX (305) 665 -6728 Mr. Cox City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Cox, RASAMMA NYBERG, Ph.D. PRINCIPAL HERBERT S. KOROSS ASSISTANT PRINCIPAL ROSBIN EAGLE IVERY ASSISTANT PRINCIPAL CHARLES H. COCKERHAM, JR. ASSISTANT PRINCIPAL COMMUNITY EDUCATION On behalf of the Community School, and the Citizens Advisory Council, I would like to officially take this time to thank you for your cooperation with the Community Gathering, held at Murray Park, on May 13, 1995. For your cooperation, along with the Parks and Recreation Department I would like to present you with a Certificate of Appreciation at your next Commissioners' meeting. Sinc�rel r, F. i% Charles H. Cockerham, Jr. cc:Dr. Rasamma Nyberg CHC /em I"Unity with the Community" 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, 6 AUTHORIZING THE CITY MANAGER TO DISBURSE THE 7 SUM OF $1,204.38 REPRESENTING FEES INCURRED 8 FOR LEGAL SERVICES BY LEIBOWITZ & ASSOCIATES, 9 P.A., REGARDING THE CITY'S CABLE TELEVISION 10 FRANCHISE RENEWAL REQUEST AND FOR ADVICE 11 REGARDING FEDERAL CABLE TELEVISION STATUTES 12 AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 13 2100 - 3420: 11CONSULTANT -CABLE TV FRANCHISE." 14 WHEREAS, by Resolution number 67 -93 -9811 passed April 27, 1993 the City commission authorized the City Administration to enter into a contract with the law firm of Leibowitz & Associates, P.A. and as Special counsel regarding Cable Television and the Franchise Renewal Request; and WHEREAS, the City has now received invoices for legal services rendered pursuant to the aforesaid Resolution in the amount of $1,204.38. 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 hereby is, authorized to disburse the sum of $1,204.38 Leibowitz & Associates, P.A. for legal services rendered regarding the City's Cable Television Franchise Renewal Request. Section 2. That the disbursement be charged to account number 2100 -3420: "Consultant -Cable TV Franchise." PASSED AND ADOPTED this day of June, 1995. ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR aUdbamm MATTHEW L. LEIBOWITZ JOSEPH A. BEL15LE ILA L. FELD OF COUNSEL AARON P. SHAINIS LEE PELTZMANQ SANFORD L. BOHRER NOT ADMITTED TO FLORIDA BAR LEIBOWITZ & ASSOCIATES, P.A. SUITE 1450 SUNBANK INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE MIAMI, FLORIDA 33131 -1715 CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 ATTN: C. EDWARD COX CABLE TELEVISION TELEPHONE (305) 530-1322 TELECOPIER (305) 530-9417 J J 05/04/95 IF Telephone conference with Jim Meyers SUITE 500 1255 23RD STREET, N.W. WASHINGTON, D.C. 20037 Page: 1 06/06/95 Account No: 7404 -OOM Statement No: 60 05/06/95 IF Read Federal Communications Commission order re:rate regulation /small systems .30 .20 05/08/95 IF Study Federal Communications Commission re:small system rate regulation .20 05/10/95 IF Review correspondence /DroDosal update from cable satellite; Study Dade County Ordinance and City of South Miami ordinance; Initial preparation of preliminary issues list for city 2.60 05/11/95 IF Draft letter to city re:issues to negotiate in franchise renewal 1.30 IF Conference with Matt Leibowitz .20 MLL Review and revise letter to Eddie Cox .30 05/25/95 IF Telephone conference with Jim Meyers .20 IF Read correspondence from cable satellite; Forward to city attorney ,30 N CITY OF SOUTH MIAMI CABLE TELEVISION Page: 2 06/06/95 Account No: 7404 -OOM Statement No: 60 For Current Services Rendered 5.60 1,120.00 Recapitulation Attorney Hours Hourly Rate Total -- - - - - -- - - - -- ----- - - - - -- - - - -- Matthew L. Leibowitz 0.30 $200.00 $60.00 Ila L. Feld 5.30 200.00 1,060.00 Long Distance Calls Delivery /Express Photocopying . Total Expenses. Thru 05/25/95 Total Current Work Previous Balance Finance Charge Balance Due 5 0.87 10.75 19.50 31.12 1,151.12 7,451.28 53.26 $8,655.66 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI APPROVING REIMBURSEMENT REQUEST OF $1,015.37 FROM THE CITY ATTORNEY FOR COSTS INCURRED FOR ATTENDING ALI -ABA COURSE AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 01 -1500- 4070, TITLED "CITY ATTORNEY TRAVEL & CONFERENCE ACCOUNT ". WHEREAS, The City Attorney is requesting reimbursement for the sum of $1,015.37 representing half of the total costs for attending a job related ALI -ABA course on May 4 -6, 1995 entitled "Inverse Condemnation and Related Liability" (See attached). WHEREAS, The Funding for this trip and course is provided in the 1994 -95 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Attorney request for reimbursement is approved for payment. Section 2. The amount of $1,015.37 be charged to account number 1500 -4070; Travel and Conferences. Section 3. This resolution will be effective upon passage. PASSED AND ADOPTED this day of June, 1995. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR M E M O R A N D U M TO: Hakeem Oshikoya, Finance Director FROM: Earl G. Gallop, City Attorney �G r RE: Expense Reimbursement DATE: June 5, 1995 Please reimburse me $1,015.37 for attending an ALI -ABA course in San Francisco on May 4 -6, 1995, entitled Inverse Condemnation and Related Government Liability. This amount is j of the total charges; the other I has been charged to my office. Charge the payment to 1500 -4070 TRAVEL & CONFERENCES. The charges incurred are: Registration 720.00 Air 473.00 Hotel 625.49 Transportation 93.00 Meals 99.25 Tips 20.00 2030.74 Thank you. SFtrip.exp CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM DATE: June 6, 1995 TO: Mayor and City Commission FROM. --hd Cox ,J i i/ City Manager RE: Agenda Item # � 7 Commission Meeting, June 13, 1995 Ratification of Emergency Repair of Crane #21 -31 A. On May 4, 1995, the above crane broke down. A replacement crane was borrowed from the City of Coral Gables for approximately two weeks while we attempted to get the above referenced crane repaired. This was the third crane owned by the City that was in need of repair. One crane was located with Metro Dade County undergoing extensive repairs, the above referenced crane was in need of repair, and the back up crane purchased from the city of Coral Gables was also out of order. The city was picking up trash on borrowed cranes. The total cost to repair the crane is $2,568.30, and can be paid from account number 1760 -4680, Equipment Maintenance." I recommend approval. 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 i RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING EMERGENCY REPAIRS TO CRANE 21 -31A, AND AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,568.30 FROM ACCOUNT NUMBER 1720 -4680, "EQUIPMENT MAINTENANCE- PARTS." WHEREAS, the City of South Miami provides trash collection services for its citizens and business community, and; WHEREAS, on May 4, 1995, Crane Number 21 -31A, broke down and was in need of emergency repairs, eliminating all cranes owned by the City from service, and; WHEREAS, the City obtained temporary replacement cranes from Metro Dade County, and the City of Coral Gables while the department attempted to get emergency repairs completed.. 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 disburse up to the sum of $2,568.30 to Dynamic Power Hydraulic for the emergency repair of crane 4 21 -31A. Section 2. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of 1995. APPROVED MAYOR CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM DATE: June 7, 1995 TO: Mayor and.City C9t .omission FROM: (ddie Cox City Manager RE: Agenda Item # 8 Commission Meeting, June 13, 1995 Purchase of Safety Shoes Attached is a resolution for the purchase of safety shoes for the Public Works employees. The city provides safety shoes as a part of the uniform. The funds are available under the 5220 account for each of the divisions in the Public Works department. The City has also identified Ritz Safety Equipment, Inc., as the qualified vendor under Dade county Bid Do. 1802 - 1/96 -1 to provide safety shoes for the employees. The contract period is from June 1, 1995 through May 31, 1996. The total estimated cost to provide the safety shoes is $2,080.00 I recommend approval. 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 49 50 51 52 RESOLUTION NO. # A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE FUNDS NOT TO EXCEED THE SUM OF $2,340.00 FOR THE PURCHASE OF SAFETY SHOES FOR THE EMPLOYEES IN THE PUBLIC WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO THE APPROPRIATE ACCOUNT. WHEREAS, the City of South Miami provides safety shoes for its public works employees as a part of their uniform, and; WHEREAS, the purchase of safety shoes for the employees is budgeted for under the division for which each employee is assigned, and; WHEREAS, the City of South Miami has identified Ritz Safety Equipment, Inc. as a local vendor under Dade County Bid No. 1802 -1 /96 -1, to provide the safety shoes to the employees. 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 disburse up to the sum of $2,340.00 to Ritz Safety Equipment, Inc. for the purchase of safety shoes under Dade County Bid No. 1802- 1/96 -1. Section 2. Each division shall be charged for the purchase of shoes under the following account: Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of _ ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY u APPROVED MAYOR 1995. Acct. No. Amount a. Building Department (6) pair @ 65.00 1710 -5220 $390.00 b. Solid Waste (14) pair @ 65.00 1720 -5220 910.00 c. Street Maint. (3) pair @ 65.00 1730 -5220 195.00 d. Landscape Maint. (5) pair @ 65.00 1750 -5220 325.00 e. Equip. Maint. (4) pair @ 65.00 1760 -5220 260.00 TOTAL $2,080.00 Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of _ ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY u APPROVED MAYOR 1995. v CITY OF SOUTH MIAMI MEMORANDUM TO: Honorable Mayor & DATE: 6/13/95 City Commission FROM: Ronetta Taylo City Clerk RE: Revised minutes of June 6, 1995 ------------------------------------------------------------------- Since distributing the June 6, 1995 Commission minutes, additional corrections have been made. Attached for your consideration and approval at tonight's meeting is a revised copy of the minutes. c: Eddie Cox, City Manager Earl G. Gallop, City Attorney 1 1 2 3 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 REGULAR CITY COMMISSION MINUTES CITY OF SOUTH MIAMI, FLORIDA JUNE 6, 1995 CALL TO ORDER: The regular City Commission meeting of the City of South Miami, Florida was called to order by Mayor Carver on Tuesday, June 6, 1995 at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive. The following members of the City Commission were present: Mayor Neil Carver, Vice Mayor R. Paul Young, Commissioners: Ann B. Bass, Thomas Todd Cooper and Tom Cunningham. Also in attendance were: City Manager Eddie Cox, City Attorney Earl G. Gallop, Interim City Clerk Ronetta Taylor and Building and Zoning Director, Dean Mimms. A. Invocation: The Invocation was delivered by Commissioner Cunningham. B. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. C. Presentations: Mayor Carver acknowledged the presence of Boy Scout Troop No. 840, based out of St. Louis Catholic Church. He stated the group was present at the meeting because they were working on their Merit Badge in Citizenship. 1. Chief Hernandez, Police Department Chief Ralph Hernandez appeared before the City Commission and displayed a plaque which had been given to the Police Department by the City of Coral Gables in recognition of its support during the Summit of the Americas held during the month of December 194. He stated receiving the award was a great honor for the South Miami police department. 1 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Chief Hernandez further introduced the following newly sworn officers to the City Commission: Officer Lewis J. Mertzs, who was a former reserve officer with the City of South Miami. Chief Hernandez informed the City Commission that Officer Mertzs came from a law enforcement family. Officer Mertzs' his father is a retired police Captain from the City of Coral Gables; Officer Rodgerick L. Everett, a former reserve officer with the Broward County Sheriff's office. Chief Hernandez stated that Officer Everett has an extensive background in law enforcement; Officer Ronald A. Bock, a former officer with Metro Dade County School Board police department, who also has an extensive background in law enforcement; and Officer Armando Garcia, a former City of Miami police officer with close to nine (9) years in law enforcement. Chief Hernandez stated that he was extremely proud of these officers and felt the City of South Miami had recruited a premium group of individuals to serve the City of South Miami. Mayor Carver welcomed the new officers. He stated he was pleased to see that the City of South Miami had four (4) new police officers in its department. Chief Hernandez then introduced Mr. Vernon Jones, a Central Outreach Coordinator from (H.I.D.T.A.) to the City Commission. He said that Mr. Jones was going to assist the City in its efforts to receive funding to hire a community outreach officer to assist the citizens of South Miami. Mr. Vernon Jones, Central Outreach Coordinator for H.I.D.T.A. passed out a grant proposal on South Florida H.I.D.T.A. program. Mr. Jones informed the Commission that the Community Empowerment Program was a multi- faceted approach to dismantling narcotics trafficking, improving employment, and reducing the dependency of individuals on public assistance. Mr. Jones said this program would allow a bi- partisan approach to the federal government, which the Democrats liked because it was a great approach to do something for the community. The Republicans also liked this program because it gave them an opportunity to give as little money as possible and get the best return. Mr. Jones said that for the law enforcement aspect, this program has shown that law enforcement, citizens, business and 2 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 public sector, and any and every one who wanted to get involved could get together and contribute towards this new multi- faceted approach. Mr. Jones made reference to the material he'd given to the City Commission which outlined the goals of the program. Mr. Jones highlighted the first seven ( 7 ) goals which included reducing narcotic trafficking in the area. He said an area in South Miami had been targeted, and identified as the "Northeastern Sector." This target area is near Lee Park. He said this is an area where there would be high visibility to perform additional stings. In addition to identifying the drug traffickers, they would be referred to the United States and State Attorney offices for prosecution. He said they are also in the process of establishing a steering committee which the City had already established to a substantial extent with the South Miami Community Action Agency. He praised the City for already having such a committee organized to get the residents involved by getting the word out on what they [the citizens] wanted. And to have an opportunity to once again bring to the entire community what they wished to achieve with this Community Empowerment Program. Mr. Jones stated that the goals also included jobs, a resident crime watch program, and finding viable alternatives to juvenile justice (i.e. drop -out and after school prevention, and alternatives to suspension). Mr. Jones commented that the twenty four (24) goals mentioned are not the main issues or limitations of this program. But they were what this organization is aiming for. He said the goals could always be expounded upon to address the needs of the citizens of South Miami. Mr. Jones further shared with the Commission that the program sites ranged from as far south as Key West, to as far north as Pompano Beach. This is a highly visible program which has caught the attention of the White House. Mr. Jones stated that Mr. Lee Brown, Director of Office of National Drug Control Policy has been to South Florida on two occasions to find out more information about this pilot program. Mr. Jones stated that because of the City's new chief of police, Ralph Hernandez, and his [Jones] own personal interest in the City of South Miami, if the Commission wished they [Hernandez 3 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 and Jones] would be able to make this program a reality in South Miami. Mr. Jones advised the Commission that this program would allow the police department to have an outreach worker. This person would be someone who could help the City build its coalition, be a multiplier, help the City to go after the goals identified, and strengthen and further bond the residents. Mr. Jones further stated that this program hasn't officially started, but he has already been receiving phone calls from local residents, as well as confirmed support from the President of the Bank of Florida, Mr. Kantor, and from South Miami Hospital. Mr. Jones solicited Mayor Carver's input by asking him, how much he thought it costs the government, in one year of additional funding to support a young lady 19 years of age who has dropped out of school at age 16, and has two (2) children, under the age of 3. Mayor Carver stated that he could not begin to estimate, but he was sure it was more than the cost of successfully placing that person in this program. Mr. Jones agreed. He said this program would give back something whole, something quantitative and qualitative. Something that could be given back to the community, something they could believe in and understand. It would also establish the ties and relationship between law enforcement, the public and private sector and the residents. Mr. Jones reiterated that this is a multi- faceted approach to law enforcement. He commented there has been organized crime for so long, nut now there is organized law enforcement. He said.this was a community based approach and not just police officers standing up and saying "okay, we are going to arrest this person." Mr. Jones said this program would cause the citizens to decide whether or not they [citizens] were going to buy drugs anymore, or whether or not they [citizens] were going to get a job, because this program would assist citizens in filling out their resume. And in time, the program would help citizens to decide if they were going to move off public assistance in some part, if not completely. In addition, this program would encourage participants to pass on their knowledge to others within the community. Mayor Carver stated he thought that it was about time the City had a realistic program to address people who find themselves on the wrong side of the law, because not all of them are the hardened 4 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 criminals we hear about. He further stated that a lot of these individuals were the unfortunate people who were desperate and found themselves in situations where they had little guidance in what to do and ended up making the wrong decision. Mayor Carver asked Mr. Jones about the funding source and if there would be a funding responsibility on the part of the City of South Miami. Mr. Jones informed Mayor Carver that the funds were passed down through the Office of National Drug Control Policy, and then channeled through the US Attorney's office of the Southern District. From there, money is distributed by a tri- county coalition. Each site sends five (5) representatives to the tri- county coalition meetings. These representatives are made up of law enforcement, residents, business and public sector individuals, which would guarantee equal voting between all four (4) positions. Mr. Jones informed the Commission that in order to request funding, South Miami had to submit a grant proposal requesting fifty ($50,000) thousand dollars for an outreach worker, and benefits for a cellular phone and beeper. He said the proposal must state that the City would be helping with in -kind services by providing a used vehicle, possibly furniture, or office accommodations. Mr. Jones said this money, when awarded would be distributed through to the City's police department or whereever the City designates. Mayor Carver asked if there would be any required funding allocation by the City. Mr. Jones said the City's contribution would be strictly in- kind services. And that everything an outreach worker would need was either provided by themselves or the community because the outreach worker should be a multiplier and a generator. Mayor Carver asked if there were any other questions for Mr. Jones. He then asked if this was something the City Manager needed approval for. Manager Cox asked Mr. Jones when was the application due. Mr. Jones said the grant application which had been passed out to the City Commission, will be processed by H.I.D.T.A. this upcoming Monday (6/12/95). From there the application would be going before the Tri- County Board. 5 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Manager Cox asked if the criteria for the request was in the proposal. Mr. Jones stated that the City had an individual (Mr. Pratt) who had been working with the police department to make sure each objective had a small narrative on how the City would be going after each objective. He said it was his understanding that this information would be passed on to the City Commission for final approval sometime later in the week, or at least by Monday of next week. Manager Cox requested that the City Commission authorize him to apply for the funds and have all the paperwork submitted by Monday. Mayor Carver asked the Commission if they had any suggestions, comments or objections. Commissioner Cunningham stated this was a statement that the police department was moving forward. He said the citizens want the Commission to go forward in helping people to get rid of drugs in the City. It was moved by Commissioner Cunningham to give the City Manager the authorization to apply for the grant. This motion was seconded by Mayor Carver and Vice Mayor Young. vote. There being no further discussion, the motion passed by a 5 -0 Commissioner Cunningham: Yea Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cooper: Yea Mayor Carver: Yea Mayor Carver commented that this sounded like a great program and he hoped the City had great success with it. He further thanked Mr. Vernon Jones for being involved with the City of South Miami, and for coming before the Commission to give the presentation. Mayor Carver stated that he had also heard a more extensive presentation about this program by Mr. Jones during one of the Community Action Agency committee meetings. He said this was really a worthwhile idea for the City to expand upon. Mayor Carver at this time invited Ms. Maria Socarras and Mr. 31 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Don Marks from the Chambers South to come forward. Mr. Marx and Ms. Socarras appeared before the City Commission. Mr. Marks informed the Commission that he was representing the Chamber South as the Chairman - elect. He then introduced Ms. Maria Socarras as the new chairperson of the South Miami Council. Mr. Marx informed the Commission that it was his pleasure to advise them of the donation the Chamber had made of five (5) multi- directional signs directing US 1 commuters to 70th Street and out of the downtown area of South Miami. These efforts were designed to make Sunset Drive a more user or pedestrian friendly area. Mr. Marx stated it was the Chamber's pleasure to do this in conjunction with the City Manager and they hope it would enhance the South Miami area and create a more cohesive working relationship which makes the City a better place to live and work. Mayor Carver thanked Mr. Marx and Ms. Socarras. He said he had noticed the signs and they were appreciated. He said it was about time there were signs directing the traffic, and really appreciated the Chamber making this contribution. Mr. Marx commented that if there was any other participation that the City of South Miami would like the Chamber to be a part of he'd ask that the City deal with Ms. Socarras, since she was now heading this particular Council. ITEMS FOR COMMISSION'S APPROVAL: 2. Approval of Minutes - May 16, 1995 It was moved by Vice Mayor Young, seconded by Commissioner Cunningham to approve the minutes. There being no discussion, the motion passed by a 5 -0 vote. Commissioner Cooper: Yea Commissioner Bass: Yea Vice Mayor Young: Yea Commissioner Cunningham: Yea Mayor Carver: Yea 7 REGULAR CITY COMMISSION MINUTES JUNE 6, 1995 3. city Manager's Report. Manager Cox advised the City Commission of the Dade County Stormwater Utility fee decrease. He said this did not relate to the City of South Miami. The City's demands for the stormwater utility fee would not bring about a decrease. He said the City would maintain its $2.50 rate. Manager Cox made reference to a Partial Consent Decree Attorney Gallop had sent. He suggested that if the Commission had not read this item to please do so because it indicated some good things to come in terms of the City's water bill. Manager Cox informed the Commission that Jorge Garcia had made • request to erect a banner. He said Mr. Garcia's timing was just • little bit off, and he did not have time to bring this matter before the Commission for its approval. He said he felt that under the provisions that normally prevail where Jorge was concerned, he took it upon himself to authorize the erection of the banner. Mayor Carver announced in connection with the banner, this coming Saturday, June 10th, the Red /Sunset Merchants Association and the Cultural Affairs Council of South Miami were going to have a fun - filled family event on Red Road and Sunset from 10:00 am to 9:00 pm. The program's title is "Summer Starts Here" which is the kick -off program for the start of summer for area merchants. Mayor Carver further stated there would be ten (10) live bands, booths, prizes, a special sidewalk sale, and street entertainment on most corners. Beginning at 7:00 p.m., on 74th Street and 58th Avenue there would be a 5 kilometer run /walk. He encouraged and invited everyone to come out. He said the City of Coral Gables and Metro -Dade County would also be participating in this event. Manager Cox informed the City Commission that he had invited Mr. Pratt, the Director of Office of Development /Career Counseling Program to come tonight to bring the Commission up to date on the funding for the Career Program. Manager Cox reminded the Commission that he had brought this matter to their attention during the last Commission meeting and asked that they help in whatever way possible in order to influence PIC in a positive manner regarding the funding. Bill Pratt, Office of Development/ Career Counseling Program informed the Commission that he was notified on last Friday that 8 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 PIC had a deficit in its budget and as a result would not be funding the City of South Miami's program. Mr. Pratt stated there was an appeal process and the City has an opportunity to appeal. He explained that the City presently has 48 participants who are near completion of their studies. Mr. Pratt stated that he would like for the Career Counseling Program to have an opportunity to work with these students until they complete their training. He said most of the students would be completing between now and the end of December 195. Mr. Pratt asked that the Commission consider this request as well as have someone present at a 3:00 pm meeting on Thursday to present this proposal to PIC. Manager Cox informed the Commission that this meeting would be held at the City of Miami Commission Chambers, on Pan American Drive in Coconut Grove. Mayor Carver asked if there were any questions or comments for the City Manager. Vice Mayor Young stated that the hurricane season was officially here and with recent information from Kate Hale's office, he wanted to know what changes or modification the City of South Miami had made to its hurricane preparedness program. He stated it was his understanding that now the City of South Miami is located in the evacuation area in case of a category 4 storm. Manager Cox stated that this was correct. He said he received this information last week and has asked the department directors to bring him their hurricane procedures which will be reviewed. Manager Cox stated that the City of South Miami has never before had to develop an evacuation plan. He said the police department, along with himself and the County's fire department located in the City, would have to play an active role in developing the evacuation plan. Manager Cox said he had been through an evacuation in Miami Beach when Hurricane Andrew arrived. He said in order to guarantee a complete evacuation required a very difficult process. He said hospitals also come under this mandatory evacuation plan, and it 9 REGULAR CITY COMMISSION MINUTES JUNE 6, 1995 was extremely difficult to find areas to take people who have no other place to go. Manager Cox stated that he would not tell the Commission that an evacuation was an easy process, but he would work on a plan that would have the most chance of success. 4. City Attorney's Report: Attorney Gallop reported on the Partial Consent Decree Manager Cox had mentioned earlier. He said the Department of Justice, on behalf of the Federal Environmental Protection Agency, sued Dade County and The Dade County Water and Sewer Authority as a result of numerous discharges from the sewer system of raw sewage and a threatened break in the main sewer line. He said Dade County and the Federal Government had entered into a Partial Consent Decree under which the sewer line was repaired. The two parties 'have now entered into a Final Consent Decree under which Dade County will be required to spend Two hundred million dollars a year for approximately seven (7) years, which would be a total of approximately 1.4 billion dollars for capital improvements, maintenance and operation cost for the County wide sewer system. Attorney Gallop said this Final Consent Decree might have a significant impact on municipal volume sewer customers, which includes such cities as Miami, Coral Gables and Miami Beach. Attorney Gallop further informed the Commission that Dade County was required to adopt an ordinance which would require the above mentioned cities to implement the provisions of the Consent Decree. Attorney Gallop explained that while the City of South Miami is not directly affected because it is not a volume sewer customer, the City might expect that the residents of the affected cities as well as the residents in other areas of the County may feel the fiscal impact of this Decree. He said the 1.4 billion dollar expenditure was not funded, and the County Manager was anticipating recommending a further bond issue to fund the cost of these improvements. Attorney Gallop continued by informing the Commission that he had already transmitted to them a copy of documents pertaining to an upcoming effort to foreclose on existing Code Enforcement liens. 10 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Attorney Gallop said that following an audit of the Code Enforcement lien files, there remains a substantial amount of fines owed to the City of South Miami. He said he had prepared a demand letter which would be transmitted by the City to each one of the individuals or businesses owing money to the City. Attorney Gallop said that within the next 45 days, for those parties who had not responded, he would be initiating proceedings to foreclose on the Code Enforcement liens against non - homestead property. He said the homestead property would not be ignored, and the City would also attempt and proceed with the collections with respect to those property owners. Attorney Gallop said the City had completed the Discovery on the Mandelstam case, and as a result of the deposition taken, the City had filed a Motion for Summary Judgment on behalf of former Mayor Cathy McCann. Attorney Gallop said this Motion had not been scheduled, however, he did expect a hearing within the next 60 days. Attorney Gallop gave a report on the new property rights bill (Property Rights Protection Act) which has as its objective a clarification of existing legal concepts. The new bill also provides property owners with a statutory Cause of Action when less than all beneficial use of the property was taken or when at some level below destruction of all reasonable investments lacked expectations. Attorney Gallop said his first reading of the bill suggested that it was more mischief than good. Rather than clarifying concepts which were being clarified quite well in the federal courts, this bill seemed to add confusion to some of its various legal concepts. He said upon his second reading he felt that the "bill" was rather benign because it might not have much affect one way or another. Attorney Gallop informed the Commission that he would be reading this bill for a third time and would then issue a written report to the Commission. Attorney Gallop said one of the things the bill requires, is for each City to provide for the retention of a Special Master to hear land use claims that are brought by disgruntle applicants for land use permits. 11 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 He further stated this bill allows for the City and the applicant to split the cost of the Special Master. He stated at this point, he had no idea as to what fiscal impact might be placed on the City of South Miami. The City will soon have to provide some type of funding with the expectation that there will be applicants wanting to appeal. Commissioner Cooper asked if the decisions of the Special Masters were binding. Attorney Gallop answered that the decisions were not binding. CONSENT AGENDA Mayor Carver asked the Commission if there were any items they wanted removed from the Consent Agenda. After no motion to remove agenda items, Mayor Carver asked the City Clerk to read the Consent Agenda. Resolution No. 81 -95 -9630 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the proper officials to provide appropriate documentation to the Interim City Clerk for the placement of her signature on file with the City's Depository; rescinding Resolution No. 44 -81 -3980. Resolution No. 82 -95 -9631 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving City Attorney fees in the amount of $4,797.25 to be charged to Account No. 1500 -3410 Resolution No. 83 -95 -9632 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse the sum of $7,451.28 representing fees incurred for legal services by Leibowitz & Associates, P.A., regarding the City's Cable Television Franchise Renewal request and for advice regarding Federal Cable Television Statutes and charging the disbursement to Account No. 2100 -3420: "Consultant -Cable TV Franchise." Resolution No. 84 -95 -9633 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse the sum of $2,000.00 representing fees incurred for professional engineering services by M. C. Harry and Associates 12 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Inc., regarding additional cost and presentation for the Downtown Redevelopment and charging the disbursement to Account No. 01- 2100 -5590: "Long Range Planning." Resolution No. 85 -95 -9634 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to reimburse Barbara Acker for her services to the City of South Miami in planning and coordinating the 1994 Santa's Parade of the Elves. Payment shall be made from Account No. 01- 200 -5510, Non - Departmental General Contingency. Resolution No. 86 -95 -9635 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida to reimburse Barbara Acker the sum of not more than $2,000 for her services in planning and coordinating the 1995 annual Santa's Parade of the Elves. Payment shall be made from Account No. 01- 200 -5510, Non - Departmental General Contingency. Resolution No. 87 -95 -9636 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse funds not to exceed the sum of $5,360.00 for the purchase of twenty (20), two (2) yard garbage containers for the Solid Waste Division and charging the disbursement to Account No. 1720 -6430 "Operating Equipment." It was moved by Commissioner Bass, seconded by Commissioners Cooper and Cunningham to adopt the Consent Agenda as read, with the City Clerk assigning the next available numbers. There being no discussion, the motion passed by a 5 -0 vote. Commissioner Bass: Yea Commissioner Cunningham: Yea Commissioner Cooper: Yea vice Mayor Young: Yea Mayor Carver: Yea At this time, Mayor Carver introduced and welcomed Ronetta Taylor, Interim City Clerk for the City of South Miami. He announced that Ms. Taylor has over 14 years of municipal experience in the City Clerk's office, in addition she had previously been a City Clerk and was also a Certified Municipal Clerk. 13 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 ORDINANCES) - SECOND READING AND PUBLIC HEARING Please note Item 16 was inadvertently placed on the agenda as an Ordinance for first reading. Mayor Carver moved this item to its proper location on the agenda. Ordinance No. 8 -95 -7581 12. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Article III of the Land Development Code, providing for "RS -5" small lot single family residential district; establishing RS -5 Zoning classification for the McKeever Terrace Subdivision; amending the official zoning map; providing for severability, ordinances in conflict, and an effective date. It was moved by Vice Mayor Young to adopt this ordinance with the City Clerk assigning the next available Ordinance Number. This motion was seconded by Commissioner Cooper. Mayor Carver opened the floor for the public hearing. After there were no interested parties to speak on this item, the public hearing was closed. Mayor Carver asked if there was a staff recommendation from the Planning Board. Mr. Mimms, Building and Zoning Director informed the City Commission that the Planning Board voted in favor of this ordinance, with the insertion of the word "a portion of" regarding McKeever Terrace. He said this matched the advertisement as well as the zoning map sent out to the public. He said this was merely to clarify McKeever Terrace, which included a strip of RM -24 Zoning (Multi; - family) along Bird Road, where the RM -24 would not be included. Attorney Gallop asked where would this language would be inserted in the Ordinance. Commissioner Cooper commented that this insertion would be in Section 4 of the ordinance. Mayor Carver advised that the insertion should be in the title and in the third "whereas" clause, as well as Sections 4 and 5, or anywhere McKeever Terrace was mentioned in the Ordinance. 14 1 Mr. Mimms further informed the Commission that the Planning 2 Board also voted unanimously to add requirements that the RS -5 re- 3 zoning may only be requested in districts where 80% of the lots 4 have frontage greater than 60 feet. 5 6 Mr. Mimms pointed out that the administrative staff did not 7 agree with this and did not feel that it was necessary. 8 9 Mayor Carver commented this could be changed by ordinance. He 10 stated the only way this would have any affect is if it is a part 11 of the Charter. 12 13 Attorney Gallop explained that the purpose of this was for the 14 Planning Board to establish a criteria for determining when a 15 subdivision was being modified or considered. 16 17 Mr. Mimms said he believed the Planning Board wanted to limit 18 this type of request. 19 20 Mayor Carver said the Planning Board wanted to say that this 21 could not be done in any area where more than 80% of the lots had 22 frontage greater than 60 feet. He said that since this section 23 could be changed by ordinance it really wouldn't have any 24 affect. 25 26 Commissioner Cooper asked what percentage of the lots in this 27 particular district had lots over 60 feet. 28 29 Mr. Mimms said he would have to refer to the zoning map for 30 this answer. 31 32 Mayor Carver asked for a motion to amend the wording of the 33 ordinance. 34 35 It was moved by Commissioner Bass, seconded by Vice Mayor 36 Young to amend the ordinance by adding the necessary wording. 37 38 There being no further discussion the motion on the amendment 39 was passed by a 5 -0 vote. 40 41 Commissioner Bass: Yea 42 Vice Mayor Young: Yea 43 Commissioner Cunningham: Yea 44 Commissioner Cooper: Yea 45 Mayor Carver: Yea 46 47 Mayor Carver asked the Commission if there was any discussion 48 regarding the ordinance as a whole. There being no discussion, the 15 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 motion to adopted this ordinance was passed by 5 -0 vote. Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cunningham: Yea Commissioner Cooper: Yea Mayor Carver: Yea RESOLUTION(S) FOR PUBLIC HEARING Resolution No. 88 -95 -9637 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, granting an exemption from the landscaping requirements pursuant to Section 20- 4.5(C) "Exemptions" and granting a Special Parking Permit pursuant b Section 20- 4.4(H) of the Land Development Code to allow a50% reduction of required on -site parking in consideration of Metrorail Usage for a single property located in the I (Intensive) Zoning District and specifically located at 5770 & 5786 Progress Road. It was moved by Commissioner Cunningham, seconded by Vice Mayor Young to adopt this resolution with the City Clerk assigning the next available number. Mayor Carver announced this was a quasi - judicial proceeding. He then opened the floor for the public hearing and public testimony. Attorney Gallop swore in the interested parties who wanted to speak on this issue. Mr. Michael Chenoworth, P.O. Box 236, Homestead, Florida appeared before the City Commission and stated he was speaking on behalf of his mother -in -law and wife who own the property adjacent to the property in question. He stated that his family was concerned as to exactly what this proposed change was or what it would do. He further stated that everyone in that area was already restricted with their parking. He said if the intent was to put a higher density activity there, then his family did have a problem with this request. He explained that Progress Road was basically an alley with no street side parking, and an industrial area with mostly auto repair shops. 16 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Mr. Mimms pointed out that based on the application submitted to the City there was no indication that a change in land use was anticipated. He said there would also be additional parking provided on site, notwithstanding the fact that the applicant was asking for a reduction due to the proximity of metro -rail. Mr. Mimms stated that the applicant currently has a 42% reduction received several years prior due to metro -rail. He said what the applicant was proposing was to have a total of nineteen (19) spaces all of them on site, an addition of six (6) on site, plus, he wanted to modify the landscaping. Attorney Gallop asked for a point of clarification. He wanted to know if the addition of six (6) spaces on site would be off set by the elimination of.nine (9) spaces off site. Mr. Mimms said this was correct. Attorney Gallop asked Mr. Mimms, if when he examined the property for the adequacy of parking he determined whether or not the nine (9) off site spaces were being leased or being used at that time. Mr . Mimms said he did not determine this. But a visit was made on site and a determination was made that based on staff's two visits that at least there appeared to be ample parking on site during the times of staff visits. He said his office relied on the testimony of the applicant as to the use, or non -use of parking off site. Attorney Gallop asked when did Mr. Mimms visited the site and how many parking spaces he identified at that time. Mr. Mimms said the site was visited during lunch or regular working hours. He said the majority of parking spaces in front of the building were vacant at the time of the site visits. Attorney Gallop asked if the visits were in the morning or afternoon, or if Mr. Mimms could recall what days of the week he visited. Mr. Mimms said he could not recall the days of the week, but the visits were in the afternoon. Mayor Carver asked how the Commission would know if the spaces off site were not being used. 17 Mr. Mimms said they would presume that if there was that type of demand for parking it would first go to the on site location, as opposed to the off site location. Commissioner Cooper asked for clarification as to how many parking spaces Mr. Mimms observed being occupied at the time of the visits. Mr. Mimms said at least half of the 13 parking spaces among the two properties were vacant at the time of the visits. Commissioner Bass asked where the off -site spaces were located. Mr. Mimms said he did not know where the spaces were, but he was sure that Mr. Strickland could inform them of the location. Mr. Strickland appeared before the Commission and stated that he would like to answer some of the Commission's questions. M r . Strickland said there was no way that he had intended to ever demolish the buildings and build other ones in their place. Mr. Strickland stated that as far as the adequate parking was concerned anyone could go take a look at this one company operation, which was leasing the entire 11,000 square ft. of building. He stated that those individuals who may go for an automotive estimate would find that there were no more than three or four estimates being done at one time. Mr. Strickland said the process was, a customer drives up for an estimate, after it is finished he immediately leaves to go somewhere else for another estimate; or, the job was delivered to the tenant, who would then take the automobile inside of the building. He said this left spaces available for any other visitors who might need to park. Mr. Strickland said the nine (9) parking spaces that have been leased from Abraham Chevrolet for the past two (2), have never been used. Commissioner Bass asked Mr. Strickland where the employees park. Mr. Strickland said the employees parked on -site and in the building. HN REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Vice Mayor Young stated that he noticed one request in the resolution asked for modification to landscaping. He asked what was being modified on the site. Mr. Mimms said there was landscaping required adjoining the buildings. He said when there is an opening between buildings, there is a requirement for 5 feet of landscaping. The modification was needed because of the configuration of the parking, area which required a handicapped parking space; plus, there was W three feet of landscaping where there was none before. Attorney Gallop asked if both of the addresses were currently occupied by active use as opposed to storage. Mr. Stickland stated that one company was occupying the entire buildings which was 11,000 feet of warehouse and 12,000 feet of land. Attorney Gallop asked if there was any proposal to change the tenant who occupied the 11,000 square foot of the warehouse. Mr. Strickland answered none whatsoever. He said, in fact, there was a contract and the individuals were supposed to purchase the property, with a closing date within the next sixty (60) days. Mayor Carver asked what type of occupational license the business had. Mr. Strickland answered an auto paint and body business license. Commissioner Cunningham asked if this type of business would bring more cars onto the property on Progress Lane. Mayor Carver stated what he thought the applicant was trying to do was to eliminate the rental of nine (9) spaces off site parking by putting six (6) more spaces on -site. He said the applicant was presently paying four thousand ($4,000) Dollars per year to lease spaces off -site, and he wants to not lease those spaces off site. As a compromise, he's offering to put six (6) additional spaces on site plus some additional landscaping. Commissioner Cooper asked if the Commission granted this request could it be changed for another use at some later time. 09 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Attorney Gallop said the occupational license for this business was auto repair which might be a more intensive use, he did not know if it was or not. Commissioner Cooper again asked if the use could be changed at a later time. Attorney Gallop said Commissioner Cooper's point was well taken and there was no provision in the present resolution which addressed this issue. Mayor Carver asked if there could be a condition placed in the resolution to indicate that the reduction was for only as long as it continued to be one occupational license. Attorney Gallop said this was a reasonable restriction to place into the current resolution. Mayor Carver suggested that the restriction language should include "so long as there was one business, and one occupational license for whatever was currently there." And, "should there be an request for a additional occupational license, or for additional tenants, or for a change in use, that the parking requirement shall be as stated in the Code and the reduction would have to be presented to the Commission as if there had been no reduction granted prior." Attorney Gallop then suggested the following wording as an amendment to Section 2 "that this approval is contingent upon a continuation of the existing uses of the property which consist of (need to identify what the uses were i.e. a certain number square feet for auto repair and a certain number of square feet for warehouse use). Mayor Carver commented that he was wondering if there might be an additional provision requiring that, if at any time there are cars which were parked or encroached upon any areas outside of the property that the reduction was voidable. He asked if this was something else that might be included in the resolution. Mayor Carver stated he was concerned that if the business became more successful and the cars started parking outside of the property along Progress Lane the reduction granted should become voidable. He said there were cars that were presently parking along Progress Lane that were sticking out and it was not a safe or easy place to pass at times. 20 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Mr. Strickland stated that he agreed with Mayor Carver. Attorney Gallop suggested a further condition which would say "this approval is subject to revocation upon a determination by the City Manager that the reduction of parking is inadequate as determined by repeated instances of parking violations /parking outside of the property." Attorney Gallop informed the Commission that under the City's Code, a determination by the City Manager is an administrative determination which is appealable by the affected person to the City Commission, which means it is subject to review. Commissioner Bass questioned whether this revocation, if initiated, would bring the business owner back to where they were at present, or to square one. Attorney Gallop said the revocation would bring the business owner back to where they were at present. He said this would mean that the owner would have to find additional off -site parking for three (3) spaces. Vice Mayor Young commented that there were too many loose ends with this application, and he had some misgivings about granting this request. He said it would appear to him that this situation might have the tendency to get out of hand. Mayor Carver agreed with Vice Mayor Young. He said he had spoken with the City Attorney regarding this same concern. Mayor Carver stated that he was disturbed because this was the third time this request had been made. The first time it was completely denied, the second time there was a 42% reduction and now Mr. Strickland was looking for a 50% reduction. Mayor Carver said he was concerned because generally speaking it would appear that in situations like this when an applicant came before the Commission asking for a variance, reduction or consideration, the applicant could continue to come back each time a new majority of the City Commission was elected to try to get a better deal. He said that it would seem to him that once the Commission had entertained a request there should be an end to it. Mayor Carver said this particular request had been heard at length before when there was a different sitting Commission. He said at that time the Commission came up with a proposal for a 42% reduction and now the applicant was again before the Commission 21 REGULAR CITY COMMISSION MINUTES - JUNE 6,199S asking for a 50% reduction. He said at present, there was no provision in the City's Code restricting this type of activity and the Code should have a provision restricting this type of activity. Mr. Chenoworth appeared before the Commission and stated that he just wanted to echo something Mr. Strickland had said. With the current occupant, the property probably had more unused parking than any other business along Progress Lane. He stated that he knew for a fact that numerous businesses along this street had to share parking spaces. He said the business that Mr. Strickland has there was probably the least parking intensive business there was on the street. He stated that as long as this would be the same business operating there he nor his family had any objections to the Commission granting the request, particularly with the conditions the Commission was considering making a part of the approval. Mayor Carver asked Mr. Chenoworth if he knew how many businesses there were on Progress Lane. Mr. Chenoworth said approximately ten (10) on the front of Progress. He said there were additional businesses that backed up from Commerce Lane onto Progress, but they typically didn't have any parking at all. Mayor Carver asked Mr. Chenoworth how many business properties his mother -in -law and wife have. Mr. Chenoworth stated there was one business on Commerce and one on Progress Lane. Attorney Gallop stated that in the context of a quasi judicial proceeding the applicant had the burden of coming forward to demonstrate entitlement to the reduction and through the testimony of the applicant and the staff it would appear that they have made a primafacie case for entitlement. He suggested that reasonable conditions be made to protect the City against future changes which could be attached to address the concerns the Commission appears to have with was what might happen in the future. Mayor Carver stated this was if Mr. Strickland had no objections to the conditions. Mayor Carver acknowledge for the record the receipt of a letter from Ms. Linda Tobin regarding this issue. 22 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 1 Mayor Carver stated that based upon Mr. Chenoworth's comments, 2 on the one hand he was, as Vice Mayor Young had pointed out, 3 concerned with what might happen. And, on the other hand and based 4 upon the quasi judicial determination, the only evidence the 5 Commission really heard was that there was sufficient. And, if 6 the City Attorney advised that the Commission could make the 7 restrictions as to the future use, then the Commission would do 8 it. 9 10 Mayor Carver stated again the only evidence the Commission had 11 heard was that there was adequate parking. He said it would seem 12 to him that what Mr. Chenoworth said was that this particular 13 business used less parking than any other business. It seemed to 14 him that it would be inequitable not to allow them to do what any 15 other business was doing based upon the evidence heard tonight. 16 17 He said even though he had the same concerns as they all did, is he would strongly suggest that a couple of conditions be approved 19 which would not eliminate every possibility, but would help the 20 process. 21 22 Commissioner Cooper stated that if the Commission could put in 23 some safeguards he would be more comfortable with it. 24 25 Mayor Carver made a motion that he would be in favor of this 26 request, subject to the following conditions which the Attorney 27 would make. 28 29 Attorney Gallop said the first amendment would occur at the 30 end of section 2, line 15; "this approval is subject to and 31 dependent upon a continuation of existing uses which currently 32 consist of °Ax" number of square feet for automotive repair, and "y" 33 number of square feet for warehouse. He said Mr. Mimms would 34 provide this information to the City Clerk. 35 36 Mayor Carver said the information should consist of whatever 37 was presently in effect. 38 39 Attorney Gallop continued with the second amendment; "the City 40 Manager may revoke this approval upon a determination of repeated 41 instances of adequate parking not being provided on -site and 42 causing congestion and conflicts with traffic on Progress Lane." 43 Mayor Carver suggested the wording "vehicles parked outside of the 44 property." 45 46 Attorney Gallop said the amendment should then read "upon a 47 determination of repeated instances of inadequate parking of 23 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 vehicles on -site and vehicles being parked on the right -of -way or outside the property." Attorney Gallop said this was not a part of the amendment, but the definition of repeated was more than one time. Mayor Carver asked for a second to his motion to amend the resolution. This motion was seconded by Commissioners Bass and Cooper. There being no further discussion this motion passed by a 5 -0 vote. Commissioner Cooper: Yea Commissioner Bass: Yea Vice Mayor Young: Yea Commissioner Cunningham: Yea Mayor Carver: Yea Mayor Carver asked if there was any other discussion as a whole regarding this item. There being no further discussion the motion passed 5 -0, with the Clerk assigning the next available number. RESOLUTIONS(S) Commissioner Cooper: Yea Commissioner Cunningham: Yea Commissioner Bass: Yea Vice Mayor Young: Yea Mayor Carver: Yea Resolution No. 89 -95 -9638 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida establishing a "Charrett Two Implementation Committee; providing for duties of this committee; providing for time period for this committee to carry out its duties; and appointing members. It was moved by Mayor Carver that this resolution be adopted and assigned the next resolution number by the City Clerk. This motion was seconded by Commissioners Cunningham and Cooper. Mayor Carver stated that Simon Codrington, Jr. was the Chairperson for the previous steering Committee and was instrumental in putting together a very successful workshop. He 24 REGULAR CITY COMMISSION MINUTES - TUNE 6, 1995 said the Committee had come up with a very good plan and now he wanted to create a committee to come together to implement the plan. He further stated that Mr. Codrington was also helpful in coming up with a better name for the Committee, the "Development Action Committee ". Because the City was looking to develop, looking for action, and looking for a group to do this. Mayor Carver made a motion to change the name from the Charrett Too Implementation Committee to Development Action Committee. This motion was seconded by Commissioner Cooper. There being no discussion on the name change, the motion passed by a 5 -0 vote. Commissioner Cooper: Yea Commissioner Bass: Yea Vice Mayor Young: Yea Commissioner Cunningham: Yea Mayor Carver: Yea Mayor Carver moved to name the following individuals as the initial members of this committee: Simon Codrington, Jr, Chairman; Marie Birts, Leon Valentine, Lillie F. Harris, Warrel Troop, Joseph Gibson, Waymon H. Brown, Todd Leachman, Joseph Reisman, Ralph Egues, Jr. This motion was seconded by Commissioner Cunningham and Vice Mayor Young. There being no further discussion this motion passed by a 5 -0 vote. Commissioner Cunningham: Yea Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cooper: Yea Mayor Carver: Yea There be no further discussion on the resolution, the motion passed by a 5 -0 vote. Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cunningham: Yea Commissioner Cooper: Yea Mayor Carver: Yea 25 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Resolution No. 90 -95 -9639 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Susan Redding as the City 6 South Miami Agenda of record for Group Life and Health Insurance. It was moved by Commissioner Bass, seconded by Vice Mayor Young and Commissioner Cooper to approve this resolution with the Clerk assigning the next available number. Manager Cox recommended this appointment. He stated that Ms. Redding had approximately 18 years of experience in the insurance business. He stated that the Commission had recently authorized that the City go out for bids for new health and life insurance, and was now in dire need of some expertise to assist the City in developing the proposals and a package that he could present to the City commission. Mayor Carver announced that in addition to this, Ms. Redding is one of ten (10) nominees from all across the United States for Business Woman of the Year. He congratulated Ms. Redding for her accomplishments. Attorney Gallop asked Ms. Redding what would the nature and scope of her responsibility would be for the City, and how she would be compensated for her work. Ms. Redding explained that the Agent of Record was simply the commission's agent for the City in whatever company was chosen. Attorney Gallop asked if she would be receiving and evaluating any bid proposals, and making recommendations to the City. Ms. Redding stated that she had already received several proposals. She further stated that seven (7) proposals were already in, but one of them was not hers. Attorney Gallop asked Ms. Redding what her compensation would be based upon. Ms. Redding said her compensation was normally a percentage of the premium which would be paid by the insurance company. There being no further discussion the motion passed by a 5 -0 vote. Commissioner Cunningham: Yea Vice Mayor Young: Yea 26 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 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Commissioner Cooper: Commissioner Bass: Mayor Carver: Yea Yea Yea Resolution No. 91 -95 -9640 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse the sum of $3,186.12 representing fees incurred for legal services by Parenti, Falk, Waas and Frazier regarding seized items by the Police Department and charging the disbursement to Account No. 15- 1910 -3100: "Professional Services ", Federal Forfeiture Account. It was moved by Commissioner Cunningham, seconded by Mayor Carver to adopt this resolution with the City Clerk assigning the next resolution number. Mayor Carver asked the City Attorney to elaborate on this item. Attorney Gallop stated that he recommended payment of this bill, less one minor item which had to do with correspondence to him in response to his request to counsel to give more detail in the billing so that the City could determine what work the firm was doing and whether it was beneficial to the City. Attorney Gallop further stated that a new procedure would be implemented in that all new forfeiture items, before being referred to the forfeiture counsel, would be referred to him. He would then meet with the City Manager and Police Chief to determine what benefits counsel could provide. He will work with counsel in establishing a budget. He said at this point, the City did not know what the cost was per forfeiture item. He said more discretion and judgment would be exercised as to what was referred to outside counsel for forfeiture action. Manager Cox said there had been two articles in the newspapers recently about forfeiture items, and that seized goods, equipment, etc. were going to be somewhat more difficult to go through the legal process. He said these items needed to be scrutinized more carefully before being turned over to the forfeiture attorney. He said it was best to establish some procedures up front instead of going into the process and investing a lot of money then finding out that the City had no authority to take the property. 27 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 There being no further discussion, the motion passed by a 5 -0 vote. Commissioner Cooper: Yea Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cunningham: Yea Mayor Carver: Yea ,PUBLIC REMARKS: Mr. David Tucker of 6556 Sw 78th Terrace, appeared before the City Commission to express his views regarding the "Pledge of Allegiance to the Flag ", and what the oath of office meant to him as a serviceman. Mr. Chris Hansen, of 6611 SW 78th Terrace appeared before the Commission to make remarks regarding the american flag and what it did or did not mean to individuals. He stated how disappointed he was to see so few flags being displayed during the Memorial Day celebration. Mr. Hansen further informed the Commission that this would be his last year volunteering his services to the City. COMMISSION COMMENTS: Commissioner Cooper asked about the EAR workshop and the City Commission meeting scheduled for June 13, 1995. Manager Cox informed him that there would be a regular City Commission meeting as well as the joint workshop. Mayor Carver asked if the meeting with the Planning Board would be a special meeting or a workshop. Mr. Mimms informed him that this meeting would be a workshop held after the City Commission meeting. Mayor Carver asked if there would be any items to be voted on during the workshop. Mr. Mimms said that staff was using the workshop as an opportunity to get input and involvement of the community. He said the voting part will come at a later date. 28 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 1 2 3 4 5 6 7 8 9 10 11 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Mayor Carver asked when the Commission would be taking a final vote on the Comprehensive Master Plan. Manager Cox stated the final vote would probably be sometime in August. Commissioner Cooper asked if the Commission would be receiving • comprehensive report on this issue before the workshop. Mr. Mimms informed the Commission that they would be receiving • report in their Friday package. Commissioner Cooper reported that the SR committee had a very successful meeting on Monday night. He stated that even though it was raining, every member of the Committee was present. Commissioner Bass invited everyone to come out on Saturday for the festivities on Sunset. Commissioner Cunningham thanked the City Manager for getting with the Chief of Police to make sure there was more police presence on the street. He further stated that he looked forward to seeing everyone at the festival this coming weekend. Vice Mayor Young thanked his colleagues for their support in adopting the RS -5 zoning change. He further welcomed the City's new Clerk, Ms. Ronetta Taylor. Mayor Carver announced that the Commission would be on summer break after next week's commission meeting, until the third week in July. There being no further discussion, the meeting adjourned at 9:16 p.m. Attest: City Cler Approved: 29 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 1 2 3 4 REGULAR CITY COMMISSION MINUTES 5 CITY OF SOUTH MIAMI, FLORIDA 6 JUNE 6, 1995 CALL TO ORDER: The regular City Commission meeting of the City of South Miami, Florida was called to order by Mayor Carver on Tuesday, June 6, 1995 at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive. The following members of the City Commission were present: Mayor Neil Carver, Vice Mayor R. Paul Young, Commissioners: Ann B. Bass, Thomas Todd Cooper and Tom Cunningham. Also in attendance were: City Manager Eddie Cox, City Attorney Earl G. Gallop, Interim City Clerk Ronetta Taylor and Building and Zoning Director, Dean Mimms. A. Invocation: The Invocation was delivered by Commissioner Cunningham. B. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. C. Presentations: Mayor Carver acknowledged the presence of Boy Scout Troop No. 840, based out of St. Louis Catholic Church. He stated the group was present at the meeting because they were working on their Merit Badge in Citizenship. 1. Chief Hernandez, Police Department Chief Ralph Hernandez appeared before the City Commission and displayed a plaque which had been given to the Police Department by the City of Coral Gables in recognition of its support during the Summit. of , the Americas held during the month of December 194. He statedAreceiving the award was a great honor for the South Miami police department. Chief Hernandez further introduced the following newly sworn 1 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 1 officers to the City Commission: Officer Lewis J. Mertzs, wh-e -was- 2 a former reserve officer with the City of South Miami. Chief 3 Hernandez informed the City Commission that Officer Mertzs came 4 from a law enforcement family. Officer Mertzs' -his father is a 5 retired police Captain from the City of Coral Gables; Officer 6 Rodgerick L. Everett, a former reserve officer with the Broward 7 County Sheriff's office. Chief Hernandez stated that Officer 8 Everett has an extensive background in law enforcement; Officer 9 Ronald A. Bock, a former officer with Metro Dade County School 10 Board police department, who also has an extensive background in 11 law enforcement; and Officer Armando Garcia, a former City of 12 Miami police officer with close to nine (9) years in law 13 enforcement. 14 15 Chief Hernandez stated that he was extremely proud of these 16 officers and felt the City of South Miami had recruited a premium 17 group of individuals to serve the City of South Miami. 18 19 Mayor Carver welcomed the new officers. He stated he was 20 pleased to see that the City of South Miami had four (4) new police 21 officers in its department. 22 23 Chief Hernandez then introduced Mr. Vernon Jones, a Central 24 Outreach Coordinator from (H.I.D.T.A.) to the City Commission. He 25 said that Mr. Jones was going to assist the City in its efforts to 26 receive funding to hire a community outreach officer to assist the 27 citizens of South Miami. 28 29 Mr. Vernon Jones, Central Outreach Coordinator for H.I.D.T.A. 30 passed out a grant proposal on South Florida H.I.D.T.A. program. 31 32 Mr. Jones informed the Commission that the Community 33 Empowerment Program was a multi- faceted approach to dismantling 34 narcotics trafficking, improving employment, and reducing the 35 dependency of individuals on public assistance. 36 37 Mr. Jones said this program would allow a bi- partisan approach 38' to the federal government, which theme . mocrats liked because it was 39 a great approach to do something for the community. The 40 epublicans also liked this program because it gave them an 41 opportunity to give as little money as possible and get the best 42 return. 43 44 Mr. Jones said -&� that as €.a —a-s_ the- ' law enforcement 45 aspect, this program has shown that law enforcement, citizens, 46 business and public sector, and any and every one who wanted to get 47 involved could get together and contribute towards this new multi - 48 facet- approach. 2 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 s Mr. Jones made referenced to the material he'd given to the City Commission which outlined the goals of the program. Mr. Jones highlighted the first seven (7) goals which included reducing ohms narcotic trafficking inF „the area. He said an area in South Miami had been targeted- -- been- identified as the "Northeastern Sector.” This target area wa,95 near Lee Park. He said this w&s'?an area where there would be high visibility to perform additional stings. In addition.t identifying the drug traffickers, ^� � a �' , - -- d re err _ t4em to the United States and State Attorney offices, Ike said they w e also in the process of establishing a steering committee: which the City a y°-- hadw`esta lished to a substantial extent withi they South Miami Community Action Agency. He praised the City forj�Yiavifi4 such a committee _- = organized to get the residents involved by getting the word out on what they [the citizens] wanted. And - to have an opportunity to once again,, bring to the entire community what they wished to achieve with this Community Empowerment Program. Mr. Jones stated that the goals also included jobs, a resident crime watch program, and finding viable alternatives to juvenile justice (i.e. drop -out and after school prevention, and alternatives to suspension). Mr. Jones commented that the /twenty four (2 4) goals mentioned were not the main issues or limitations of this program. But they -were what this organization -was aiming for. He said the goals could always be expounded upon to address the needs of the citizens of South Miami. Mr. Jones further shared with the Commission that the program sites ranged from as far south as Key West to as far north as Pompano Beach. This .mss a highly visible program which has caught the attention of the White House. Mr. Jones stated that Mr. Lee Brown, Director of Office of National Drug Control. Policy has been n to South Florida on two occasions --utst to find out more information about this pilot program. -1147r_ Mr. Jones statedkbecause of the City's new chief of police, Ralph Hernandez,and his [Jones] own personal interest in the City of South Miami, if the Commission wished they [Hernandez and Jones] would be able to make this program a reality in South Miami. Mr. Jones advised the Commission that this program would allow the police department to have an outreach worker. This person 3 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 would be someone who could help the City build its coalition, be a multiplier, help the City to go after the goals identified, and strengthen a further bond the residents. C!, 4-,. Mr. Jones, further stated "this program hasn't officially started, but,�alr.eady hQ,r d been receiv nq hone calls from local residents as well as confirmed supports the President of the Bank of Florida, Mr. Kantor, anduSouth Miami Hospital. Mr. Jones s(- Mayor Carver's input by asking him, how much > he3r�k ' it cosh" the government, in one year of additional funding to support a youn% lady,,19 years of age,,, who had dropped out of school at age 16has two (2) children 4Math under the age of 3. Mayor Carve stated that he could not bei ,.toestimate, but he was sure ,, tiswoazld _not_ be the__ -_case program- was sue-ces-eftl' • t Mr. Jones agreed. He said this program would give back something whole, something quantitative and qualitative. Something that could be given back to the. community, something they could believe in and understand. It would also establish the ties and relationship between law enforcement, the public and private sector and the residents. Mr. Jones reiterated that this was a multi - faceted approach to law enforcement. He commented there has been organized crime for so long, now there is organized law enforcement. He said this was a community based approach and not just police officers standing up and saying "okay, we are going to arrest this person." Mr. Jones said this program would cause the citizens to decide whether or not they [citizens] were going to buy drugs anymore, or whether or not they [citizens] were going to get a job, because this program would assist citizens in filling out their resume. And in time, the program would help citizens to decide if they were going to move off public assistance in some part, if not completely. In addition, this program would encourage participants to pass on their knowledge to others within the community. Mayor Carver stated he thought that it was about time the City had a realistic program to address people who find themselves on the wrong side of the law, because not all of them are the hardened criminals we hear about. He further stated that a lot of these individuals were the unfortunate people who were desperate and found themselves in situations where they had little guidance in what to do and ended up making the wrong decision. 0 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 - Mayor Carypr asked Mr. Jones about the funding source and ry<< a therea� a funding responsibility on the part of the City of South Miami.. Mr. Jones informed Mayor Carver that the funds were passed ; down through the Office of National Drug Control Policy, whi- ch- _wa -s-�'0 then channeled through the US- Attorney's office. of the Southern , 'nl District. From there money - n distributed by a tri- county coalition. Each site sends five (5) representatives to the tri- county coalition meetings. These representatives are made up of law enforcement, residents, business and public sector individuals, which, would; guarantee equal voting between all four (4) positions. Mr. Jones informed the Commission that in order to request funding, South Miami had to submit a grant proposal requesting Fifty ($50,000)`ro�'housand dollars for an outreach worker, and benefits for a cellular phone and beeper. He said the proposal must state that the City would be helping with in -kind services by providing a used vehicle, possibly furniture, or office accommodations. Mr. Jones said this money, when awardedlwas --then distributed through, to the City's police department or where -,ever the City designates. v �f Mayor Carver asked if there would be any money thiat - wou -ld- -.need to - -b-e allocated by the City. Mr. Jones said would be Rtrictly in -kind services th°-r� ty - -- would want to - provide. And _1everything tit= an outreach worker would need was either provided by themselves or the community because the outreach worker should be a multiplier and a generator. Mayor Carver asked if there were any other questions for Mr. Jones. He then asked if this was something the City Manager needed approval for. Manager Cox asked Mr. Jones when wfts the application due. Mr. Jones said the grant application, which had been passed out to the City Commission, will be processed by H.I.D.T.A. this upcoming Monday (6/12/95). From there the application would be going before the Tri- County Board. Manager Cox asked if the criteria for the request was in the proposal. 5 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 . Mr. Jones stated that the City had an individual (Mr. Pratt) who had been working with the police department to make sure each objective had a small narrative on how the City would be going after each objective. He said it was his understanding that this information would be passed on to the City Commission for final approval sometime later in the week or at least by Monday of next week. Manager Cox requested that the City Commission authorize him to apply for the funds and have all the paperwork submitted by Monday. Mayor Carver asked the Commission if they had any suggestions, comments or objections. Commissioner Cunningham stated this was a statement that the police department was moving forward. He said the citizens want the Commission to go forward in helping people,to get rid of drugs in the City. It was moved by Commissioner Cunningham to give the City Manager the authorization to apply for the grant. This motion was seconded by Mayor Carver and Vice Mayor Young. vote. There being no further discussion, the motion passed by a 5 -0 Commissioner Cunningham: Yea Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cooper: Yea Mayor Carver: Yea Mayor Carver commented that this sounded like a great program and he hoped the City had great success with it. He further thanked Mr., Vernon Jones for being involved with the City of South Miami) and doming before the Commission to give the presentation. Mayor Carver stated that he had also heard a more extensive presentation about this program by Mr. Jones during one of the Community Action Agency committee meetings. He said this was really a worthwhile idea for the City to°ex-paund upon. c i,A Al Mayor Carver at this time invited Ms. Maria Socarras and Mr. Don Marks from the Chambers South to come forward. Mr. Marx and Ms. Socarras appeared before the City Commission. Mr. Marks informed the Commission that he was representing the R REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Chamber South as the Chairman- elect. He then introduced Ms. Maria Socarras as the new chairperson of the South Miami Council. Mr. Marx informed the Commission that it was his pleasure to advise them of the donation the Chamber had made of five (5) multi- directional signs directing US 1 commuters to 70th Street and out of the downtown area of South Miami. These efforts were designed to make Sunset Drive amore user or pedestrian friendly area. Mr. Marx stated it was the Chamber's pleasure to do this in conjunction with the City Manager; and they hope il`�enhance ' the South Miami area and create a more cohesive working relationship which makes the City a better place to live and work. Mayor Carver thanked Mr. Marx and Ms. Socarras. He said he had noticed the signs and they were appreciated. He said it was about time there were signs directing the traffic, and really appreciated the Chamber making this contribution. Mr. Marx commented that if there was any other participation that the City of South Miami would like the Chamber to be a part of he'd ask that the City deal with Ms. Socarras, since she was now heading this particular Council. ITEMS FOR COMMISSION'S APPROVAL: 2. Approval of Minutes - May 16, 1995 It was moved by 4@ggj by Vice Mayor Young, seconded by Commissioner Cunningham to approve the minutes. There being no discussion, the motion passed by a 5 -0 vote. Commissioner Cooper: Yea Commissioner Bass: Yea Vice Mayor Young: Yea Commissioner Cunningham: Yea Mayor Carver: Yea 3. City Manager's Report. Manager Cox advised the City Commission-about the Dade County Stormwater Utility fee decrease. He said this did not relate to the City of South Miami. The City's demands for the Stormwater utility fee would not bring about a decrease. He said the City 7 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 would maintain its $2.50 rate. Manager Cox made reference} to a Partial Consent Decree Attorney Gallop had sent. He suggested that if the Commission had not read this item to please do so because it indicated some good thin to come in term5of the City's water bill. Manager Cox informed the Commission that Jorge Garcia had made • request to erect a banner. He said Mr. Garcia's timing was just • little bit off, and he did not have time to brin this matter before the Commission for its approval. He said he a el under the provisions that normally prevail where Jorge was concerned, he took it upon himself to authorize the erection of the banner. Mayor Carver announced in connection with the banner, this coming Saturday, June 10th�the Red /Sunset Merchants Association and the Cultural Affairs Council of South Miami were going to have a fun - filled family event on Red,. Road and Sunset from 10:00 am to 9:00 pm. The program's title � "Summer Starts Here" which is the kick -off program for the start of summer for twke area merchants. Mayor Carver further stated there would be ten (10) live bands, booths, prizes, a special sidewalk sale, and street entertainment on most corners. eRinning at 7:00 pm,, on 74th Street and 58th Avenue there would be5-Xilometer run /walk. He encouraged and invited everyone to come out. He said tit the .City of Coral Gables and Metro -Dade County would also be participating in this event. Manager Cox informed the City Commission that he had invited Mr. Pratt, the Director of Office of Development/ Career Counseling Program to come tonight to bring the Commission up to date on the funding for the Career Program. Manager Cox reminded the Commission that he had brought this matter to their attention during the last Commission meeting and asked that they help in what C.ever way possible in order to influence PIC in a positive manner regarding the funding. Bill Pratt, Office of Development/ Career Counseling Program informed the Commission that he was notified on last Friday that PIC had a deficit in its budget and as a result would not be funding the City of South Miami's program. Mr. Pratt stated there was an appeal process and the City d - an opportunity to appeal. He explained that the City presently had 48 participants who � =near completion of their studies.- �.GC'J, c !�- E-1 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Mr. Pratt stated that he would like for the Career Counseling Program to have an opportunity to work with these students until they completed their training. He said most of the students would be completing between now and the end of December 195. Mr. Pratt asked that the Commission consider this request as well as have someone present at a 3:00 pm,meeting on Thursday to present this proposal to PIC. Manager Cox informed the Commission that this meeting would be held at the City of Miami Commission Chambers, on Pan American Drive in Coconut Grove. Mayor Carver asked if there were any questions or comments for the City Manager. Vice Mayor Young stated that the hurricane season was officially here and with recent information from Kate Hale's office, he wanted to know what changes or modification IjAd., the City of South Miami�i` made to its hurricane preparedness program. He stated it was his understanding that nowthe City of South Miami w located in the evaluation area in case of a category 4 storm. Manager Cox stated that this was correct. He said he had, received this information last week and 4ave asked the department directors to bring him their hurricane procedures which will be reviewed. Manager Cox ,sted that the City of South Miami has never;' {had to develop an 4 valuation; plan. He said the police department, along with himself and the County's fire department located in the City would have to play an active role in developing the evacuation plan. Manager Cox said he had been through an `evaluatidfi\ in Miami Beach when Hurricane. Andrew arrived. He said in order to guarantee a complete,_ evaYuations, °`' a 9. very difficult r_ocess. He said hospitals als co ome` under this mandatory evarua io plan, and it was extremely difficult to find areas to"take-people who have no other place to go. Manager Cox stated that he would not tell the Commission that an�auat was an easy process, but he would work on a plan that would have the most chance of success. 0j 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 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 4. City Attorney's Report: Attorney Gallop reported on the Partial Consent Decree Manager Cox had mentioned earlier. He said the Department of Justice, on behalf of the Federal Environmental Protection Agency,�as a result`, of numerous discharges from the sewer systemlIof raw sewage and a threatened break in the main sewer line* .had sued Dade County and the Dade County Water and Sewer Authority,_______,_,__ He said Dade County and the Federal Government had entered into a Partial Consent Decree under which the sewer line was repaired.he two parties have now entered into a Final Consent Decree underrt,which Dade County will be required to spend ­Ltwo 'Hundred 'Million `Dollars a year for approximately seven (7) years, which would be a total of approximately 1.4',oilliond *llars for capital improvements, maintenance and operation cost for the Countywide sewer system. Attorney Gallop said this Final Consent Decree might have a significant impact on municipal volume sewer customers, which includes such cities as Miami, Coral Gables and Miami Beach. Attorney Gallop further informed the Commission that Dade County was required to adopt an ordinance which would require the above mentioned cities to implement the provisions of the Consent Decree. t Attorney Gallop explained that while the City of South Miami Vets, not directly affected because it wa7'not a volume sewer customer, the City might expect that the residents of the affected cities as well as the residents in other areas of the County may feel the fiscal impact of this Decree. He said the 1.46$illion r Dollar expenditure was not funded, and the County Manager was anticipating recommending a further bond issue to fund the cost of these improvements. Attorney Gallop continued by informing the Commission that he had already transmitted to them a copy of documents pertaining to an upcoming effort to foreclose on existing Code Enforcement liens. Attorney Gallop said that following an audit of the Code Enforcement lien files, there remains a substantial amount of fines owed to the City of South Miami. He said -t —t he had prepared a demand letter which would be transmitted by the City to each one of the individuals or businesses Mich -.owed money to the City. Attorney Gallop said that within the next 45 days, for those parties who had not responded, he would be initiating proceedings 10 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 to foreclose on the Code Enforcement liens against non /homestead property. He said the homestead property would not be gnored, and the City would also attempt,.,,-- and proceed with the collections with respect to those property owners. Attorney Gallop said the City had completed the Discovery on the Mandelstam case .)and as a result of the depositions takeny the City had filed a Motion for Summary Judgment on behalf of former Mayor Cathy McCann. Attorney Gallop said this Motion had not been scheduled however, he did expect a hearing within the next 60 days. Attorney Gallop gave a report on the new 4c�py rights bill (Property Rights Protection Act) which has as its objective a clarification of existing legal concepts. The new bill also provides property owners with a statutory Cause of Action when less than all beneficial use of the property was taken or when at some level below destruction of all reasonable investments lacked expectations. Attorney Gallop said his first reading of the ,,1fbilf"- suggested that it was more mischief than good. Rather than clarifying concepts which were being clarified quite well in the federal courts, this ."bill`, seemed to add confusion to some of its various legal concepts. He said upon his second reading he felt that the /"bill" was rather benign because it might not have much affect one way or another. He informed the Commission that he would be reading this e'fbilhl for a third time and \,then` issue a written report -tthe Commission. Attorney Gallop said one of the things the Wbill�' require', was for each City to provide for the retention of a Special Master to hear land use claims that.��er�- brought by disgruntle applicants for land use permits. He further stated this "bill" allows for the City and the applicant to split the cost of the Special Master. He stated at this point, he had no idea, as to what fiscal impact might be placed on the City of South Miami. -he City w-o 4 soon have to provide some type of funding with the expectation that there would be applicants wanting to appeal. C:,` i a ;f Commissioner Cooper asked if the decisions of the Special Masters were binding. Attorney Gallop answered that the decisions were not binding. 11 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 CONSENT AGENDA Mayor Carer asked the Commission if there were any items they wanted���N&YWom the Consent Agenda. After be— moved, Mayor Carver asked the City Clerk to read the Consent Agenda. .. 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the proper officials to provide appropriate documentation to the Interim City Clerk for the placement of her signature on file with the City's Depository; rescinding Resolution No. 44 -81 -3980. 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving City Attorney fees in the amount of $4,797.25 to be charged to Account No. 1500 -3410 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse the sum of $7,451.28 representing fees incurred for legal services by Leibowitz & Associates, P.A., regarding the City's Cable Television Franchise Renewal request and for advice regarding Federal Cable Television Statutes and charging the disbursement to Account No. 2100 -3420: "Consultant -Cable TV Franchise." 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse the sum of $2,000.00 representing fees incurred for professional engineering services by M. C. Harry and Associates Inc., regarding additional cost and presentation for the Downtown Redevelopment and charging the disbursement to Account No. 01- 2100- 5590: "Long Range Planning." 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to reimburse Barbara Acker for her services to the City of South Miami in planning and coordinating the 1994 Santa's Parade of the Elves. Payment shall be made from Account No. 01- 200 -5510, Non - Departmental General Contingency. 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida to reimburse Barbara Acker the sum of not more than $2,000 for her services in planning and coordinating the 1995 annual Santa's Parade of the Elves. Payment shall be made from Account No. 01- 200 -5510, Non - Departmental General Contingency. 12 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse funds not to exceed the sum of $5,360.00 for the purchase of twenty (20), two (2) yard garbage containers for the Solid Waste Division and charging the disbursement to Account No 1720-6430 "Operating Equipment." - �I-t-- was�move�� *Ngommiss�oner Basss, seconded by Commissioners -, Cooped -and Cunninghamtha the Conent` Agenda Abe adopted "y as _ read withie City Cler asig rng—te next availab There being no discussion, the motion passed by a 5 -0 vote.' Commissioner Bass: Yea Commissioner Cunningham: Yea Commissioner Cooper: Yea Vice Mayor Young: Yea Mayor Carver: Yea At this time, Mayor Carver introduced and welcomed Ronetta Taylor, Interim City Clerk for the City of South Miami. He announced that Ms. Taylor has over 14 years of municipal experience in the City Clerk's office, in addition she had previously been a City Clerk and was also a Certified Municipal Clerk. (S) - SECOND READING AND PUBLIC HEARING Please note Item 16 was inadvertently placed on the agenda as an Ordinance for first reading. Mayor Carver moved this item to its proper location on the agenda. 12. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Article III of the Land Development Code, providing for "RS -5" small lot single family residential district; establishing RS -5 Zoning classification for the McKeever Terrace Subdivision; amending the official zoning map; providing for severability, ordinances in conflict, and an effective date. It- sf'move y Vice Mayor_Youn g "to adopt this ordinance with the City Clerk assigning the next available Ordinance Number. This motion was seconded by Commissioner Cooper. 13 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 1 Mayor Carver opened the floor for the public hearing. A-f-t&r 2 here were no interested parties to speak on this items he public 3 hearing was closed. 4 5 Mayor Carver asked if there was a staff recommendation from 6 the Planning Board. 7 8 Mr. Mimms, Building and Zoning Director informed the City 9 Commission that the Planning Board`— voted in favor of this 10 ordinance, with the insertion of the wo "a portion of" regarding 11 McKeever Terrace. He said this matched the advertisement as well 12 as the zoning map sent out to the public. He said this was merely 13 to clarify McKeever Terrace, which included a strip of RM -24 Zoning 14 (Multi- family) along Bird Road, where the RM -24 would not be 15 included. 16 17 Attorney Gallop asked where would this language'3be inserted in 18 the Ordinance. 19 20 Commissioner Cooper commented that this insertion would be in 21 Section 4 of the ordinance. 22 23 C lv -, A Mayor Carver advised that the insertion should be in the title 24 a - -31. in the third "whereas" clause, as well as Sections 4 and 25 5, or anywhere McKeever Terrace was mentioned in the Ordinance. 26 27 Mr. Mimms further informed the Commission that the Planning 28 Board also unanimously \votedp to add requirements that the RS -5 re- 29 zoning may only be requested in districts where 80% of the lots 30 have frontage greater than 60 feet. Mr. Mimms pointed out that the 31 administrative staff did not agree with this and did not feel that 32 it was necessary. 33 34 Mayor Carver commented this could be changed by ordinance. He, 35 stated the only way this would have any affect was if it was a part 36 of the Charter. V5 I 37 38 Attorney Gallop explained that the purpose of this was for the 39 Planning Board to establish a criteria for determining when a 40 subdivision was being modified or considered. 41 42 Mr. Mimms said he believed the Planning Board wanted to limit 43 this type of request. 44 45 Mayor Carver said the Planning Board wanted to say that this 46 could not be done in any area where more than 80% of the lots had 47 frontage greater than 60 feet. He said that since this section 48 could be changed by ordinance it really wouldn't have any affect. 14 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Commissioner Cooper asked what percentage of the lots in this particular district had lots over 60 feet. Mr. Mimms said he would have to refer to the zoning map for this answer. Mayor Carver asked for a motion to amend the wording -gip -lon of the ordinance. .It was moved by Commissioner Bass, seconded by Vice Mayor Young to amend the ordinance by adding the necessary wording. There being no further discussion the motion on the amendment -w passed by a 5 -0 vote. Commissioner Bass: Yea Vice Mayor Young: Yea Commissioner Cunningham: Yea Commissioner Cooper: Yea Mayor Carver: Yea Mayor Carver asked the Commission if there was any discussion regarding the ordinance as a whole. There being no discussion, the motion to adopteeY this ordinance was passed by 5 -0 vote. Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cunningham: Yea Commissioner Cooper: Yea Mayor Carver: Yea RESOLUTIONS) FOR PUBLIC HEARING 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, granting an exemption from the landscaping requirements pursuant to Section 20- 4.5(C) "Exemptions" and granting a Special Parking Permit pursuant to Section 20- 4.4(H) of the Land Development Code to allow a 50% reduction of required on -site parking in consideration of Metrorail Usage for a single property located in the I (Intensive) Zoning District and specifically located at 5770 & 5786 Progress Road. It was moved by Commissioner Cunningham, seconded by Vice Mayor Young to adopt this resolution with the City Clerk assigning the next available number. 15 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 1 Mayor Carver announced this was a quasi - judicial proceeding. 2 He then opened the floor for the public hearing and public 3 testimony. Attorney Gallop r-nVin the interested parties who 4 wanted to speak on this issue. <_400r e- 5 6 Mr. Michael Chenoworth, P.O. Box 236, Homestead, Florida 7 appeared before the City Commission and stated he was speaking on 8 behalf of his mother -in -law and wife who own the property adjacent 9 to the property in question. He stated that his family was 10 concerned as to exactly what this proposed change was or what it 11 would do. He further stated that everyone in that area was already 12 restricted with their parking. He said if the intent was to put a 13 higher density activity there, then his family did have a problem 14 with this request. He explained that Progress Road was basically 15 an alley with no street side parking, and an industrial area with 16 mostly auto repair shops. 17 18 Mr. Mimms pointed out that based on the application submitted 19 to the City there was no indication that a change in land use was 20 anticipated. He said there would also be additional parking 21 provided on site, notwithstanding the fact that the applicant was 22 asking for a reduction due to the proximity of metro -rail. 23 24 Mr. Mimms stated that the applicant currently has a 42% 25 reduction received several years prior due to metro- rail. lHe said 26 what the applicant was proposing was to have a total of Nineteen 27 (19) spaces all of them on site, wh1chi -wa-s an addition of six (6) 28 on.-site, plus, he wanted to modify the landscaping. 29 30 Attorney Gallop asked for a point of clarification. He 31 wanted to know if the addition of six (6) spaces on -site would be 32 off set by the elimination of nine (9) spaces off- -site. 33 34 Mr. Mimms said this was correct. 35 ,j; 36 Attorney Gallop asked Mr. Mimms when he examined the property 37 for the adequacy of parking- '.> he determine whether or not the 38 nine (9) off -site spaces were being leased or being used at that 39 time. 40 41 Mr. Mimms said he did not determine this. But a visit was 42 made on -site and a determination was made that based on staff's two 43 visits, that at least there appeared to be ample parking on- --site 44 during the times of staff visitl He said his office relied on the 45 testimony of the applicant as to the use, or non -use of parking 46 off-site. 47 48 16 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Attorney Gallop asked when 4+d-Mr. Mimms visit, the.- site and ad ty . ,_ how many parking spaces 4di°d he identify,. '?- Mr. Mimms said the site was visited during lunch or regular working hours. He said the majority of tlwe parking spaces in front of the building were vacant at the time of the site visits. Attorney Gallop asked if the visits were in the morning or afternoon, or if Mr. Mimms could recall what days of the week he visited. Mr. Mimms said he could not recall the days of the week, but the visits were in the afternoon. Mayor Carver asked how the Commissions \know if the spaces off -site were not being used. Mr. Mimms said they would presume that if there was that type of demand for parking it would first go to the on -site location, as opposed to the off -site location. Commissioner Cooper asked for clarification as to how many parking spaces Mr. Mimms hl observed being occupied at the time of the visits. Mr. Mimms said at least half of the 13 parking spaces among the two properties were vacant at the time of the visits. Commissioner Bass asked where - re the off -site spaces located. Mr. Mimms said he did not know where the spaces were, but he was sure that Mr. Strickland could inform them of the location. Mr. Strickland appeared before the Commission and stated that he would like to answer some of the Commission's questions. Mr. Strickland said there was no way that he had intended to ever demolish the buildings and build other ones in their place. Mr. Strickland stated that as far as the adequate parking was concerned anyone could go take a look at this one company operation, which was leasing the entire 11,000 square ft of - k --7 , .� building. He stated - ;��,�hose individuals who may go for ani automotive estimate,,, would find that there were no more than three or four estimates being done at one time. 17 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 1 Mr. Strickland said the process was, - -tee a customer drives up 2 for an estimate--alter it w"-finished he wo-o-ldd immediately leave S 3 y-c and go somewhere else for another estimates or, the job was 4 delivered to the tenant, who would then take the automobile inside 5 of the building. He said this left spaces available for any other 6 visitors who might need to park. 7 8 Mr. Strickland said the nine (9) parking spaces that have been 9 leased from Abraham Chevrolet for the past two (2), have never been 10 used. 11 12 Commissioner Bass asked Mr. Strickland where dmbd the employees 13 park. 14 15 Mr. Strickland said the employees parked on -site and in the 16 building. 17 18 Vice Mayor Young stated that he noticed one ____- request in 19 the resolution asked for modification to landscaping. He asked 20 what was being modified on the site. 21 22 Mr. Mimms said there was landscaping required adjoining the 23 buildings. He said when there is an opening lra --ma building; there 24 is a requirement for 5 font of landscaping. The modification was 25 needed because of the configuration of the parking area which 26 required a handicapped parking space,' plus', there was three feet of 27 landscaping where there was none before. 28 29 Attorney Gallop asked if both of the addresses were currently 30 occupied by active use as opposed to storage. 31 32 Mr. Stickland stated that one company was occupying the entire 33 buildings which was 11,000 feet of warehouse and 12,000 feet of 34 land. 35 36 Attorney Gallop asked if there was any proposal to change the 37 tenant who occupied the 11,000 square foot of the warehouse. 38 39 Mr. Strickland answered none whatsoever. He said, in fact, 40 there was a contract and the individuals be-ea-u=s-e =-- ray were suppose 41 to purchase the property, with a closing date within the next sixty 42 (60) days. 43 44 Mayor Carver asked what type of occupational license the 45 business . e l . I 46 47 Mr. Strickland answered an auto paint and body business 48 license. 18 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Commissioner Cunningham asked if this type of business would bring more cars onto the property on Progress Lane. Mayor Carver stated what he thought the applicant was trying to do was to eliminate the rental of nine (9) spaces off -site parking by putting six (6) more spaces on, -site. He said the applicant was presently paying tour 'thousand ($4,000) Dollars per year to lease spaces off -site, and he wants to not lease those spaces off -site. -Aiv& 4s a compromise.,he's offering to put six (6) additional spaces on -site plus some additional landscaping. Commissioner Cooper statedt if the Commission granted this request could it be changed for another use at some later time. Attorney Gallop said the occupational license for this business was auto repair which might be a more intensive use, he did not know if it was or not. Commissioner Cooper again asked if the use could be changed at a later time. Attorney Gallop said Commissioner Cooper's point was well taken and there was no provision in the present resolution which addressed this issue. Mayor Carver asked if there could be a condition placed in the resolution to indicate that the reduction was\ "only as long as it continued to be one occupational license. Attorney Gallop said this was a reasonable restriction to place into the current resolution. Mayor Carver suggested that the restriction language should include "so long as there was one business, and one occupational license for whatever was currently there 6at_the__pr:eserrt time. And should there be a °request for an additional occupational license, or for additional tenants] or for a change in use, that the parking requirement shall be as stated in the Code and the reduction would have to be presented to the Commission. as if there had been no reduction granted prior." Attorney Gallop then suggested the following wording as an amendment to Section 2 "that this approval is contingent upon a continuation of the existing uses of the property which consist of (need to identify what the uses were i.e. a certain number square feet for auto repair and a certain number of square feet for warehouse use). 19 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 1 Mayor Carver commented that he was wondering if there might be 2 an additional provision tit requires if at any time there are 3 cars which were parked or encroached upon any areas outside of the 4 property that the reduction was voidable. He asked if this was 5 something else that might be included in the resolution. 6 7 8 Mayor Carver stated he was concerned that if the business 9 became more successful and the cars started parking outside of the 10 propertyalong Progress Laney the reduction granted should become 11 voidable. He said there were cars that were presently parking 12 along Progress Lane that were sticking out and it was not a safe or 13 easy place to pass at times. 14 15 Mr. Strickland stated that he agreed with Mayor Carver. 16 17v y!/ Mayor Carver further stated that if Mr. Strickland did not 18 `ii have a problem with the City Commission having the power to void 19 the reduction if there was evidence that the business was parking 20 cars hazardously along Progress Lane. 21 r -, sdw 22 Attorney Gallop suggested a further condition which would say. 23 "this approval is subject to revocation upon a determination by the 24 City Manager that the reduction of parking is inadequate as 25 determined by repeated instances of parking violations /parking 26 outside of the property." 27 28 Attorney Gallop informed the Commission that under the City's 29 Code a determination, by the City Manager an administrative 30 determination which , appealable by the affected person to the 31 City Commission,.which means it is subject to review. 32 33 Commissioner Bass questioned whether this revocatioTV if 34 initiated would bring the business owner back to where they were at 35 present, or to square one. 36 37 Attorney Gallop said the revocation would bring the business 38 owner back to where they were at present. He said this would mean 39 that the owner would have to find additional off,-site parking for 40 three (3) spaces. 41 t; 42 Vice Mayor Young commented that there were-so many loose ends 43 with this application, and he had some misgivings about granting 44 this request. He said it would appear to him that this situation 45 might have the tendency to get out of hand. 46 47 Mayor Carver agreed with Vice Mayor Young. He said he had 48 spoken with the City Attorney regarding this same concern. 20 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Mayor Carver stated that he was disturbed because this was the third time this request had been made. The first time it was completely denied, the second time there was a 42% reduction and now Mr. Strickland was looking for a 50% reduction. Mayor Carver said he was concerned because generally speaking it would appear that in situations like this when an applicant came before the Commission asking for a variance, reduction or consideration, the applicant could continue to come back each time a new majority of the City Commission was elected to try to get a better deal. He said that it would seem to him that once the Commission had entertained a request there should be an end to it. Mayor Carver said this particular request had been heard at length before when there was a different sitting Commission. He said at that time the Commission came up with a proposal for a 42% reduction and now the applicant was again before the Commission asking for a 50% reduction. He said at present, there was no provision in the City's,, Code restricting this type of activity, and the Code should have a provision n--A restricting this type of activity. Mr. Chenoworth appeared before the Commission and stated that he just wanted to echo something Mr. Strickland had said. With the current occupant, the property probably had more unused parking than any other business along Progress Lane. He stated that he knew for a fact that numerous businesses along this street had to share parking spaces. He said the business that Mr. Strickland has there was probably the least parking- intensive business there was on the street. He stated that as long as this would be the same business operating there he nor his family had any objections to the Commission granting the request; particularly with the conditions the Commission vere-- --discussing making a part of the approval. y Mayor Carver asked Mr. Chenoworth if he knew how many businesses there were on Progress Lane. Mr. Chenoworth said approximately ten (10) on the front of Progress. He said there were additional businesses that backed up from Commerce Lane onto Progress, but they typically didn't have any parking at all. Mayor Carver asked Mr. Chenoworth how many business properties ,1 his mother -in -law and wife have. , Mr. Chenoworth stated there was one business on Commerce and onef\Progress Lane. 21 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 1 Attorney Gallop stated that in the context of a quasi judicial 2 proceeding the applicant had the burden of coming forward to 3 demonstrate entitlement to the reduction; and, through the testimony 4 of the applicant and the staff, it would appear that they have made 5 a primafacie case for entitlement. He suggested that reasonable 6 conditions be made to protect the City against future changes which 7 could be attached to address the concerns the Commission appears to 8 have with was what might happen in the future. 9 10 Mayor Carver stated this was if Mr. Strickland had no 11 objections to the conditions. 12 13 Mayor Carver acknowledge for the record the receipt of a 14 letter from Ms. Linda Tobin regarding this issue. 15 16 Mayor Carver stated that based upon Mr. Chenoworth's comments, 17 aad on the one .hand .he was,, as Vice Mayor Young had pointed out, 18 concerned with what might happens 4nd,on the other hand and based 19 upon the quasi judicial determination, the only evidence the 20 Commission really heard was that there was sufficient parking,}nd, 21 if the City Attorney advised that the Commission could make the 22 restrictions as to the future use, then the Commission would do it. 23 24 Mayor Carver stated again the only evidence the Commission had 25 heard was that there was adequate parking. He said it would seem 26 to him that what Mr. Chenoworth said was that this particular 27 business used less parking than any other business4�t seemed to him 28 that it would;inequitable not to allow them to do what any other 29 business was doing based upon the. evidence heard tonight. He said 30 even though he had the same concerns as they all did ad -he would 31 strongly suggest that a couple of conditions be approved which would not eliminate every possibility, but would ai 33 34 Commissioner Cooper stated that if the Commission could put in 35 some safeguards t*en he would be more comfortable with it. 36 37 Mayor Carver made a motion that he would be in favor of this 38 request, subject to the following conditions which the Attorney 39 would make. 40 - 41 Attorney Gallop said the first amendment would occur at the.R 42 end of section 2, line 15", "this approval is subject to and depend\ 43 upon a continuation of existing uses which currently consist of "x" 44 number of square feet for automotive repair, and "y" number of 45 square feet for warehouse. He said Mr. Mimms would provide this 46 information to the City Clerk. 47 22 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 1 Mayor Carver said the information should consist of whatever 2 was presently in effect. 3 4 Attorney Gallop continued with the second amendment "the City 5 Manager may revoke this approval upon) a determination of repeated 6 instances of adequate parking not being provided on- -site and 7 causing congestion and conflicts with traffic on Progress Lane.` 8 9 Mayor Carver suggested the wording "vehicles parked outside of 10 the property." 11 12 Attorney Gallop said the amendment should then read'Wupon a 13 determination of repeated instances of inadequate parking of 14 vehicles on -site and vehicles being parked on the right -of -way or 15 outside the property." 16 17 Attorney Gallop said this was not a part of the amendment, but 18 the definition of repeated was more than one time. 19 20 Mayor Carver asked for a second to his motion to amend the 21 resolution. This motion was seconded by Commissioners Bass and 22 Cooper. 23 24 25 There being no further discussion this motion passed by a 5 -0 26 vote. 27 28 Commissioner Cooper: Yea 29 Commissioner Bass: Yea 30 Vice Mayor Young: Yea 31 Commissioner Cunningham: Yea 32 Mayor Carver: Yea 33 34 35 Mayor Carver asked if there was any other discussion as a 36 whole regarding this item • There being no further discussion the 37 motion passed 5 -0, with the Clerk assigning the next available 38 number. 39 40 Commissioner Cooper: Yea 41 Commissioner Cunningham: Yea 42 Commissioner Bass: Yea 43 Vice Mayor Young: Yea 44 Mayor Carver: Yea 45 46 47 48 23 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 RESOLUTIONS(S) 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida establishing a "Charrett Two Implementation Committee; providing for duties of this committee; providing for time period for this committee to carry out its duties; and appointing members. It was moved by Mayor Carver that this resolution be adopted and assigned the next resolution number by the City Clerk. This motion was seconded by Commissioners Cunningham and Cooper. Mayor Carver stated that Simon Codrington, Jr. was the Chairperson for the previous steering Committee and was instrumental in putting together a very successful workshop. He said the Committee had come up with a very good planj and now he wanted to create a committee to come together to implement the plan. He further stated that Mr. Codrington was also helpful in coming up with a better name for the Committee; the "Development Action Committee ". Because the City was looking to develop, looking for action, and s looking for a group to do this. Mayor Carver made a motion to change the name from the Charrett Too Implementation Committee to Development Action Committee. This motion was seconded by Commissioner Cooper. There being no discussion on the name change, the motion passed by a 5 -0 vote. Commissioner Cooper: Yea Commissioner Bass: Yea Vice Mayor Young: Yea Commissioner Cunningham: Yea Mayor Carver: Yea Mayor Carver moved to name the following individuals as the initial members of this committee: Simon Codrington, Jr, Chairman; Marie Birts, Leon Valentine, Lillie F. Harris, Warrel Troop, Joseph Gibson, Waymon H. Brown, Todd Leachman, Joseph Reisman, Ralph Egues, Jr. This motion was seconded by Commissioner Cunningham and Vice Mayor Young. 24 vote. REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 There being no further discussion this motion passed by a 5 -0 Commissioner Cunningham: Yea Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cooper: Yea Mayor Carver: Yea There be no further discussion on the resolution, the motion passed by a 5 -0 vote. Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cunningham: Yea Commissioner Cooper: Yea Mayor Carver: Yea 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Susan Redding as the City of South Miami Agenda of record for Group Life and Health Insurance. It was moved by Commissioner. Bass, seconded by Vice Mayor Young and Commissioner Cooper to approve this resolution with the Clerk assigning the next available number. Manager Cox recommended this appointment. He stated that Ms. Redding had approximately 1�8 years gof ,ex ex]--- in the insurance business. He stated thatheiad "recentlyaut orized that the City go out for bids for new health and life insurancejand wasAin dire need of some expertise to assist the City in developing the proposals ands' package that he could present to the City Commission. Mayor Carver announced that in addition to this, Ms. Redding is one of ten (10) nominees from all across the United States for Business Woman of the Year. He congratulated Ms. Redding for her accomplishments. Attorney Gallop asked Mss Redding what weu-d the nature and scope of her responsibilityKbe for the City and how wQu4d she "t. e compensated for her work. Ms. Redding explained that the Agent of Record was simply the commission's agent for the City in whatever company was chosen. 25 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Attorney Gallop asked if she would be receiving and evaluating any bid proposals, and making recommendations to the City. Ms. Redding stated that she had already received several proposals. She further stated that seven (7) proposals were already in, but one of them was not hers. Attorney Gallop asked Ms. Redding what her compensation would be based upon. Ms. Redding said her compensation was normally a percentage of the premium which would be paid by the insurance company. vote. There being no further discussion the motion passed by a 5 -0 Commissioner Cunningham: Yea Vice Mayor Young: Yea Commissioner Cooper: Yea Commissioner Bass: Yea Mayor Carver: Yea 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse the sum of $3,186.12 representing fees incurred for legal services by Parenti, Falk, Waas and Frazier regarding seized items by the Police Department and charging the disbursement to Account No. 15- 1910 -3100: "Professional Services", Federal Forfeiture Account. It was moved by Commissioner Cunningham, seconded by Mayor Carver to adopt this resolution with the City Clerk assigning the next resolution number. Mayor Carver asked the City Attorney to elaborate on this item. Attorney Gallop stated that he recommended payment of this bill, less one minor item which had to do with correspondence to him in response to his request to counsel to give more detail in the billing so that the City could determine what work the firm was doing and whether it was beneficial to the City. Attorney Gallop further stated that a new procedure would be implemented in that all new forfeiture items, before being referred to the forfeiture counsel, would be referred to him.,and #16 would then meet with the City Manager and Police Chief to determine what 26 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 benefits counsel could provide. He would then work with council in establishing a budget. He said at this point, the City did not know what the cost was per forfeiture item. He said more discretion and judgment would be exercised as to what was referred to outside counsel for forfeiture action. Manager Cox said there had been two ,articles in the newspapers 1 -, recently about forfeiture itemsjW"I seized goods, equipment, etc. were going to be somewhat more difficult to go through the legal process. He said these items needed to be scrutinized more carefully before being turned over to the forfeiture attorney. He said it was best to establish some procedures up front instead of going into the process and investing a lot of money then finding out that the City had no authority to take the property. There being no further discussion, the motion passed by a 5 -0 vote. Commissioner Cooper: Yea Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cunningham: Yea Mayor Carver: Yea PUBLIC REMARKS: Mr. David Tucker of 6556 Sw 78th Terrace, appeared before the City Commission to express his views regarding the "Pledge of Allegiance to the Flag ", and what the oath of office meant to him as a serviceman. Mr. Chris Hansen, of 6611 SW 78th Terrace appeared before the Commissio7+l d r� t p— make remarks regarding the american flag and what it e did or did�mean to, individuals. He stated how disappointed he was to see so l t-le lags being displa) during the Memorial Day celebration. Mr. HaWsen further informed the Commission that this would be his last year volunteering his services to the City. COMMISSION COMMENTS: Commissioner Cooper asked about the EAR workshop and the City Commission meeting scheduled for June 13, 1995. Manager Cox informed him that there would be a regular City Commission meeting as well as the joint workshop. 27 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 Mayor Carver asked if the meeting with the Planning Board would be a special meeting or a workshop. Mr. Mimms informed him that this meeting would be a workshop held after the City Commission meeting. Mayor Carver asked if there would be any items to be voted on during the workshop. Mr. Mimms said that staff was using the workshop as an opportunity to get - -input and involvement of the community. He said the voting part will come at a later date. Mayor Carver asked when weld the CommissionAbe taking a final vote on the Comprehensive Master Plan. Manager Cox stated the final vote would probably be sometime in August. Commissioner Cooper asked if the Commission would be receiving a comprehensive report on this issue before the workshop. Mr. Mimms informed the Commission that they would be receiving a report in their Friday package. Commissioner Cooper reported that the SR committee had a very successful meeting on Monday night. He stated that even though it was raining, every member of the Committee was present. Commissioner Bass invited everyone to come out on Saturday for the festivities on Sunset. Commissioner Cunningham thanked the City Manager for getting with the Chief of Police to make sure there was more police presence on the street. He further stated that he looked forward to seeing everyone at the festival this coming weekend. Vice Mayor Young thanked his colleagues for their support in adopting the RS -5 zoning change. He further welcomed the City's new Clerk, Ms. Ronetta Taylor. Mayor Carver announced that the Commission would be on summer break after next week's commission meeting, until the third week in July. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 REGULAR CITY COMMISSION MINUTES - JUNE 6, 1995 There being no further discussion, the meeting adjourned at 9:16 p.m. Attest: City Clerk Approved: 29 ...... CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 IV it 305- 663 -6338 To: M yor & City Com i ion From, ddie Cox City Manager -------------------------------------------------------------- Reguest: Date: June 7, 1995 06/13/95 Commission Agenda Re: # 12 : Outdoor Seating /Dining Uses and Areas An ordinance to amend Article VII, Hometown District Overlay Ordinance, in order to provide regulations for outdoor seating/dining uses and areas. Background: The Hometown Ordinance established several pre- approved locations for outdoor dining. However, in reviewing applications for outdoor dining by several restaurants in the Hometown District, the need for an ordinance which establishes guidelines for outdoor dining became evident This proposed ordinance for first reading addresses an important subject matter that is in need of codified guidelines which would be amended to the Hometown Ordinance. Regulations related to outdoor seating in other municipalities have been used as a template in drafting the proposed regulation, adapted to comply with the City of South Miami's goals, regulations and procedures. The SR Committee reviewed the regulation on February 27 and on June 5, 1995. Their comments and recommendations have been considered in the revision of the proposed regulation. However, the SR Committee recommended that the fee should be reduced to five dollars ($5.00) per square foot of sidewalk area, and the administration does not concur with this recommendation. The administration believes that the ten dollar ($10.00) per square foot fee is appropriate considering the administrative cost of application review, and regular monitoring including code enforcement. Also, we have surveyed other municipalities to determine the fees charged for outdoor seating, and have determined that this proposed fee is comparable. The administration is, therefore, recommending a fee of $10.00 per square foot. Applications for outdoor seating/dining area and use will be processed as other applications for development (ADPs) in the Hometown District. Recommendation: Approval attachments FE CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Minims, AICP Date: March 16, 1995 Director of Building, Zoning & Revisions: 3124195, 3131195, 612195, 616195 Community Development Dept From: Slaven Kobola Planner Re: Outdoor Seating /Dining Ordinance Please find below the revised outdoor seating /dining regulations to be amended to the Hometown ordinance. The revisions include remarks and suggestions expressed during the SR Committee meetings on February 27, 1995, and June 5, 1995, as well as ones which we found applicable in our discussions about this issue, and as outlined in my previous memoranda, dated 2/10, 2/27, 3/8, 3/13 and 3115, 1995, and memorandum revised by Bill Mackey, 6/2/95. The regulations are provided in the Ordinance format, ready to be submitted to the City Commission. As I tried to make this regulation "simple" and ready for implementation as soon as possible, I did not diverge into code enforcement and other issues that may be involved, but rather left these issues to be covered by existing regulations. Consequently, some of the issues addressed by the SR Committee, like the minimum width of pedestrian passage, is contained elsewhere in the Hometown Ordinance. In addition, the suggestion by the SR Committee for the regulation #10 to read: "Tables, chairs and all other furniture used in the operation of an outdoor seating/dining area shall not be anchored or restrained in any manner. Individual table umbrellas, planters or other such non - stationary elements may be permitted w4kin the ,,tAde^r- seating/dipA g publie", that is, to omit the strikeout portion is to be decided by the City Attorney. If we decide to expand and /or amend the other related regulations, I suggest the revision of licensing and code enforcement regulations. Considering the code enforcement regulations and fines, I believe that the regulation by the City of Miami Beach, Article VI, Section 39 -40, page 12, may be considered as a template. 0 1 ORDINANCE NO. 2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE VII, 4 HOMETOWN DISTRICT OVERLAY ORDINANCE, IN ORDER TO 5 PROVIDE REGULATIONS FOR OUTDOOR SEATING /DINING USES AND 6 AREAS; PROVIDING THE CITY MANAGER WITH POWERS OF 7 APPROVAL AND REVOCATION; PROVIDING FOR POWERS TO 8 BUILDING, ZONING AND COMMUNITY DEVELOPMENT DEPARTMENT 9 REGARDING DEVELOPMENT REGULATIONS; PROVIDING FOR AN 10 AMENDMENT TO THE FEE CHARGED FOR LICENSE; PROVIDING FOR 11 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 12 PROVIDING FOR AN EFFECTIVE DATE. 13 WHEREAS, the City of South Miami enacted Ordinance No. 19 -93 -1545 which 14 created a new Article VII of the Land Development Code of the City of South Miami, 15 establishing a Hometown District Overlay District; and, 16 WHEREAS, the Mayor and City Commission desire to further amend this ordinance to 17 regulate outdoor seating /dining use; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That Article VII, Hometown District Overlay Ordinance is amended by creating the following subsection: Sec. 20 -7.29 Outdoor Seating/Dining Uses and Areas 1. In addition to the requirements indicated in Sections 20 -7.3 and 20 -7.4, the ADP shall also include the layout of all tables, chairs, benches and other furniture; pedestrian ingress and egress; location of refuse containers; and other elements necessary to illustrate the proposed outdoor seating /dining use and area (all drawings must be titled, indicate orientation, and be at an acceptable scale). At the time of filing, the Applicant must submit the non - refundable review fee of $250. 2. Outdoor seating /dining area and use of the public right -of -way may be approved, denied, or approved with conditions, modifications, safeguards or stipulations appropriately and reasonably related to the intent, purposes, standards and requirements of the related regulations, by the City Manager. Such permit shall not be transferable in any manner, and is strictly a conditional use permit, issued for a period of one year, renewable annually. 35 3. The fee for outdoor dining /seating use and area will be waived for the first year of 36 operation of the subject property, and shall be charged annually in the amount of ten 37 dollars ($10.00) per square foot of sidewalk area; the area shall be defined imaginary 38 border lines including all seating areas and other elements included in the outdoor 39 seating /dining area. The permit fee shall be appended to the license for the main business. 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 NP 4. The applicant shall provide an Indemnity Agreement, which is acceptable to the City Manager. This agreement will include specification of liability insurance provided. 5. The conditional use permitting of outdoor seating /dining use and area may be revoked by the City Manager upon finding that one or more conditions of these regulations have been violated, or that the outdoor seating /dining area and use are being operated in a manner which constitute a public nuisance, or in any way constitute a liability. 6. Outdoor seating /dining use and area may be temporarily suspended by the City Manager for public use /purpose, utility, sidewalk or road repairs, emergency situations or violations of provisions contained herein. The length of suspension shall be determined by the City Manager as necessary. Removal of all street furniture and related obstructions shall be the responsibility of the owner /operator of the outdoor seating /dining. 7. Outdoor seating /dining area shall be kept in a neat and orderly appearance and shall be kept free from refuse and debris. 8. Outdoor seating /dining use and area shall not interfere with the free and unobstructed pedestrian or vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service easements, handicap facilities or access to commercial establishments. The width and location of the passage is to be determined by the Building, Zoning and Community Development Department. 9. Outdoor seating /dining area shall be open and unenclosed. No building structures of any kind shall be allowed in and over any portion of the outdoor seating /dining area located on public property, except as allowed by Sections 20 -7.7 through 20 -7.11. 10. Tables, chairs and all other furniture used in the operation of an outdoor seating /dining area shall not be anchored or restrained in any manner. Individual table umbrellas, planters or other such non - stationary elements may be permitted within the outdoor 11. Outdoor seating /dining use and area shall be restricted to the length of the sidewalk or public right -of -way immediately fronting the cafe and /or restaurant establishment. The utilization of space extending on either side beyond the subject property frontage may be authorized subject to annual written consent provided by the property owners in front of whose properties the outdoor seating /dining service would occur. 12. Outdoor seating/dining area shall be at the same elevation as the adjoining sidewalk or public right -of -way. 13. Carts and trays for serving food are permitted in the outdoor seating /dining area. 37 14. Outdoor seating /dining use and area shall not be provided with amplified sound of any 38 kind. 1 SECTION 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held 2 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 3 validity of the remaining portions of this ordinance. 4 SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this 5 ordinance are hereby repealed. 6 SECTION 4. This ordinance shall take effect immediately at the time of its passage. 0 12 13 14 15 16 17 IU PASSED AND ADOPTED THIS DAY OF ---------- 51995. ATTEST: Ronetta Taylor City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney Neil Carver Mayor c: \outdoor \outdoor.ord E +� 1 2 3 4 5 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 6 REGULAR CITY COMMISSION MINUTES 7 CITY OF SOUTH MIAMI, FLORIDA a JUNE 13, 1995 ROLL CALL: The City Commission meeting for the City of South Miami, Dade County, Florida was called to order by Mayor Carver, on June 13, 1995, at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive. The following members of the City Commission were present: Mayor Neil Carver, Vice Mayor R. Paul Young, Commissioner Tom Cunningham, Commissioner Ann B. Bass and Commissioner Thomas Todd Cooper. Also in attendance were: City Manager Eddie Cox, City Attorney Earl G. Gallop, Interim City Clerk Ronetta Taylor and Building, Zoning and Community Development Director Dean Mimms. A. INVOCATION: The invocation was delivered by Commissioner Cunningham. B. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. C. PRESENTATION: Mr. Charles H. Cockerham, Jr. a representative from South Miami Middle/ Community School Center for the Arts, and the Citizens Advisory Council came before the City Commission and presented a "Certification of Appreciation" to the City and Mr. Jim Cowen, Director of the Recreation Department for the recreation department's participation in the school's activities. Mayor Carver asked Mr. Cockerham to tell everyone about the different activities his school offered. Mr. Cockerham reported that the Community School was entering its Summer session and is offering a variety of classes such as: fencing, karate, wood shop, and arts and crafts. Mr. Cockerham said there is something for everyone and he really want to get the word out to the Community. 1 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Mayor Carver remarked that citizens were inquiring about the status of the South Miami Community School and after diligent lobbying efforts, Metro Dade County School Board reinstated the Community School. He conveyed that it is now up to the community to show that they really want the school. Mayor Carver encouraged the community to get involved. He assured the citizens that if there is class they are interested in which the school did not currently offer, that Mr. Cockerham would make every effort to accommodate them. ITEMS FOR COMMISSION'S CONSIDERATION: 2. Approval of Minutes - June 6, 1995 Commissioner Bass moved to amend page 19, line 10 of the minutes to read "there will be three feet of landscaping ", instead of "there was three feet of landscaping ". This motion was seconded by Commissioner Cooper. There being no further discussion on the amendment, the motion passed by a 5 -0 vote. Commissioner Cooper: Yea Commissioner Bass: Yea Commissioner Cunningham: Yea Vice Mayor Young: Yea Mayor Carver: Yea There being no discussion the motion to adopt the minutes passed by a 5 -0 vote. Commissioner Cunningham: Yea Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cooper: Yea Mayor Carver: Yea 3. City Manager's Report: Manager Cox reported on a letter he had received from The Land Trust regarding property located at approximately 68th Street and 2 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 SW 64th Avenue. He informed the Commission that there has been a demonstrated interest from the residents in the area to acquire this property. Manager Cox conveyed to the City Commission that he'd indicated his willingness to proceed with this land acquisition based on the citizens' financial contribution towards the potential purchase of this property. Manager Cox said the City is also looking into a possible matching grant in the amount of $50,000 to purchase this property, as well as the property adjacent to Murray Park. Manager Cox communicated that he wanted the Commission to be aware of this situation and would continue to keep them informed. Manager Cox announced that the East Kendall incorporation proposal had gone before the County Commission this past week and the City's annexation application was forwarded to the County's planning department for appropriate action. Manager Cox related that the areas: North of Sunset Drive to Miller Road, West of the City's boundary to 87th Avenue, North of Miller Road to Bird Road and the City's boundary to the Palmetto Expressway were deleted from the East Kendall proposal. Manager Cox explained that these areas were deleted depending on whether or not the Commission wanted to move forward with the application. He said the County has indicated that if the City planned to submit an application for annexation of the mentioned areas, that the sections be annexed as a whole and not divided. Manager Cox requested the Commission's approval to place a Fourth of July banner at the appropriate location along Sunset Drive. Mayor Carver asked if there were any objections regarding this request. There were no objections from members of the Commission. Manager Cox concluded his report. He informed the Commission that there were other items in their package which might be of interest to them. Mayor Carver asked members of the City Commission if they had any questions, or comments for the City Manager. 3 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Manager Cox interjected to inform the Commission that he had just passed out an item which had only been made available to him today. He said, he along with the police department which is also included as a sponsor were totally unaware of an event scheduled in the City's park on Saturday. Manager Cox said they were fortunate there are no events scheduled for this coming weekend in the park. He said he had asked Chief Hernandez to convey to the City of Miami's police department that if this was to be an annual event, taking place in the City of South Miami, with the City's police department as one of the sponsors, then substantial notice should be given to ensure absolute participation by the City of South Miami. 4. City Attorney's Reports Attorney Gallop advised that he had nothing to report but would be able to give the Commission an update on any of the information he had previously distributed to them. Mayor Carver inquired as to whether members of the Commission had any questions or comments for the City Attorney. There being none, he moved on to the Consent Agenda. Commissioner Bass requested that items 5 and 7 be removed from the Consent Agenda to be read as part of the Regular Agenda. Mayor Carver requested that item 8 be removed from the Consent Agenda to be read as part of the Regular Agenda. CONSENT AGENDA: Resolution No. 92 -95 -9641 A Resolution of the Mayor and City Commission of the City of South Miami approving reimbursement request of $1,015.37 from the City Attorney for costs incurred for attending Ali -Aba Course and charging the disbursement to Account No. 01- 1500 -4070, title "City Attorney Travel & Conference Account 4 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Resolution No. 93 -95 -9642 A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to enter into a contract with Steve Briner for Umpire Assigner Services for the City's Baseball Program for an amount not to exceed two thousand dollars ($2,000) Moved by Commissioner Bass, seconded by Commissioner Cooper to adopt the Consent Agenda as read with the City Clerk assigning the next available numbers. There being no discussion the motion passed by a 5 -0 vote. Commissioner Cooper: Yea Commissioner Cunningham: Yea Commissioner Bass: Yea Vice Mayor Young: Yea Mayor Carver: Yea RESOLUTIONS) PUBLIC HEARINGS) Resolution No. 94 -95 -9643 A Resolution of the Mayor and City Commission of the City of South Miami, Florida granting a request for a Special Use Permit, in lieu of Special Use Permit which was granted on October 4, 1994, pursuant to Section 20 -7.12 and Section 20- 3.4(B)(4)(b) of the Land Development Code to permit a general restaurant operated by Koo Koo Roo California Kitchen on property located at 5850 Sunset Drive, South Miami, Florida 33143 (a commercial Property in the Hometown District) and providing a legal description. Moved by Commissioner Bass, seconded by Vice Mayor Young to adopt this resolution with the City Clerk assigning the next available number. Mayor Carver opened the floor for the public hearing. Mitchell Aronson of 10800 Biscayne Boulevard, who is also the applicant of this request appeared before the City Commission to acquaint them by way of background information on the subject property. 5 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Mr. Aronson said his company did not anticipate any exterior changes to the building and their initial request was to buildout approximately two thirds (2/3) of the building's interior. Mr. Aronson related that when the Chairman of the Koo Koo Roo visited the City of South Miami, he was so impressed with the area that he requested the plans be completely revised to buildout the entire 41600 square feet. Mr. Aronson said they have gone ahead and asked permission to revise the plans originally known as the "Arrosot Coffee Concept," by increasing the seating capacity, and including space for at least three separate salad stations. He informed the Commission that with this new revised plan there will be as many as three to four chefs preparing individual salads with as many as thirty (30) different ingredients which the patrons would select. Mr. Aronson informed the City Commission that the new seating capacity approved by DERM has been brought up to 142. He said his company is excited and anticipates an early September opening if this new plan meets with the approval of the City Commission. Mr. Aronson said their cooler space has also been expanded to accommodate more fresh salad items. Mr. Aronson reiterated that Koo Koo Roo did not anticipate any exterior changes at this time. Sherry Lambson of 5852 Sunset Drive, Apartment No. 2, appeared before the City Commission to express her concerns. She told the City Commission that she lived in one of the apartments right above the restaurant. She reported that this project had been at a stand still for at least two months, or longer and at present there is a garbage dumpster taking up at least half of the parking spaces. Ms. Lambson remarked that trash has been left there and she has seen individuals picking through this rubbish. Ms. Lambson conveyed her thoughts of how embarrassing a situation this is for the City of South Miami. Ms. Lambson said even though Mr. Aronson has declared no changes would be made to the exterior of the building, there are now board where awnings use to be, and the building looks horrible. Mayor Carver inquired about the time allotted for the completion of a job when a building permit has been issued. N. REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Mr. Mimms, Building, Zoning and Community Development Director replied that the time allotted was six (6) months, unless an extension is granted. Mayor Carver inquired about the status of Koo Koo Roo's building permit. Mr. Mimms said he believed Koo Koo Roo's building permit was current. Mayor Carver asked Mr. Mimms if he knew whether or not this construction has been going on for less than six (6) months. Mr. Mimms informed Mayor Carver that he did not have the date the permit was issued with him. Mayor Carver concurred with what Ms. Lambson has remarked regarding the time lapse in construction activity. He asked Mr. Aronson to enlighten the Commission about this particular instance. Mr. Aronson explained that initially there were some problems with trying to close JJ's because of all the creditors involved. Subsequent to that, when they had submitted their plans for the building permit, they had to go through a lengthy procedure with the City. He said they closed subsequent to the Commission's approval on October 4, 1994, which was approximately one a half months later. Mayor Carver asked if the work already done, was all pre - construction. Mr. Aronson replied this was correct. Mayor Carver commented that the pre- construction work has nothing to do with what they are presently discussing. Mr. Aronson informed the City Commission that what his company is faced with at the present time is an approximate two and a half month hiatus. And at first, per instructions received from a lower level executive person, they were going to delete the Arrosto Coffee Concept. Mr. Aronson said as a result of these directions they came before the City Commission and sought permission to expand a portion of the kitchen area and delete the Arrosto Coffee Concept. Mr. Aronson related that almost immediately after this request, they submitted the amended building plans. He said this 7 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 process took approximately one week to ten days to complete, and right after that, the Chairman of Koo Koo Roo came to town and decided he wanted everything completely builtout. Mayor Carver said he did not appreciate Mr. Aronson saying that the pre- construction phase of this process had anything to do with this issue, because Mr. Aronson comments made it appear as if the City did something wrong. Mayor Carver said this is the third time Koo Koo Roo has come before the Commission for an approval. He informed Mr. Aronson that he would not appreciate it if Koo Koo Roo came back before the Commission for another change. He informed Mr. Aronson that the Commission would like to see this project finished. Mayor Carver advised Mr. Aronson to make the necessary arrangements discussed in terms of cleaning the property up, keeping it clean, and relocating the dumpster. Mayor Carver said he did not want to see this item back before the Commission again and the individuals at Koo Koo Roo should get it straight. He said the fact that this matter has continued for so long is strictly the fault of the individuals at Koo Koo Roo and not the City. Mayor Carver advised Mr. Aronson to take into consideration what Ms. Lambson had mentioned and to personally inspect the property to make sure the things that are going on there stops. He further advised Mr. Aronson to complete the renovations as soon as possible. Mr. Aronson said he believe Ms. Lambson may have misunderstood what he had said about the exterior. He informed the City Commission that there will be new awnings installed and the exterior of the building will be painted. He further said that most likely there will be some re- roofing, and more hurricane proofing done as well. Mr. Aronson said they want to get the building permit issued as soon as possible so that they can continue the renovations. Mayor Carver expressed that the Commission did recognize where Koo Koo Roo is going and this was acceptable, but Mr. Aronson has to understand that the company is building in a residential area, which is not like a building site. He said Mr. Aronson has to take extra precautions to make sure the residents are disturbed as little as possible. 8 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Mayor Carver suggested that Mr. Aronson get with Ms. Lambson to find out what the issues are and to get them resolved while they were renovating. Mr. Aronson said he'd be happy to get with Ms. Lambson and in addition he would provide her with the name and phone number of the contractor in case there were problems. Mayor Carver said he did not want Ms. Lambson dealing with the contractors, this is Mr. Aronson's responsibility. Ms. Lambson interjected and said she has already tried contacting the contractor and her calls were never returned. Mayor Carver advised Ms. Lambson that if there is a problem, she should contact Mr. Aronson because the contractor is under no obligation to converse with her. Mayor Carver again advised Mr. Aronson to visit the site and speak with Ms. Lambson in order to get the problem resolved. Mr. Aronson conveyed to the City Commission that he did not have a problem with this. Ms. Lambson inquired about the City's regulations on parking, and how would the restaurant accommodate customer parking, because of the residents living above the restaurant. Mayor Carver asked Ms. Lambson if the residents had assigned parking spaces. Ms. Lambson said there are no assigned spaces. She explained that when the restaurant was known as JJ's the parking spaces were on a first come, first serve basis. Ms. Lambson questioned whether this building was zoned for public or private use. Mayor Carver informed Ms. Lambson that the building is on private property. Ms. Lambson said that she was concerned because at present there is a dumpster taking up half the parking spaces. Mayor Carver remarked that he would assume once the project is completed parking enforcement would be implemented for the residents and customers of Koo Koo Roo. 0J REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Mr. Aronson replied this was correct. He expressed that at present it is impossibility to place the dumpster anywhere else. Mayor Carver encouraged Mr. Aronson to try and keep the area as clean as possible. Ms. Lambson said presently, there is no construction activity going on at the building and she did not see why the dumpster had to remain there. She said the dumpster hasn't been emptied in about two and a half months. Mayor Carver advised Mr. Aronson to have the dumpster emptied. After there were no other interested parties to speak on behalf of this public hearing, the hearing was closed. Mr. Mimms informed the City Commission that the Planning Board recommended 5 -0 to approve this resolution. He advised the Commission of a scrivener's error in the resolution, on page 1, line 26 which should read 20- 3.40)(4)(b) instead of 20- 3.4 (B) (4) (ii) Moved by Mayor Carver, seconded by Commissioner Bass to amend the resolution by making the above referenced correction. There being no further discussion on this amendment the motion passed by a 5 -0 vote. Commissioner Cooper: Yea Commissioner Bass: Yea Vice Mayor Young: Yea Commissioner Cunningham: Yea Mayor Carver: Yea Attorney Gallop recommended an amendment to the resolution as follows: page 2, line 36 an additional sentence be added to read "the reapplication, dated May 19, 1995, including the submitted materials, is annexed and made a part of this resolution." Moved by Commissioner Bass, seconded by Vice Mayor Young to amend the resolution as recommended by Attorney Gallop. 10 vote. REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 There being no further discussion the motion passed by a 5 -0 Commissioner Cunningham: Yea Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cooper: Yea Mayor Carver: Yea There being no further discussion on the adoption of the resolution the motion passed by a 5 -0 vote. Vice Mayor Young: Yea Commissioner Bass: Yea Commissioner Cooper: Yea Commissioner Cunningham: Yea Mayor Carver: Yea Mr. Aronson thanked the City Commission and further acknowledged Mr. Mimms and the Building, Zoning and Community Development department for its cooperation and assistance. Mayor Carver remarked that recently he has been hearing similar comments and appreciated Mr. Aronson's remarks. RESOLUTIONS) Resolution No. 95 -95 -9644 A Resolution of the City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $1,204.38 representing fees incurred for legal services by Leibowitz & Associates P.A., regarding the City's Cable Television Franchise Renewal Request and for advice regarding Federal Cable Television Statutes and charging the disbursement to Account No. 2100 - 3420: "Consultant -Cable TV Franchise." Moved by Commissioner Cunningham, seconded by Vice Mayor Young to adopt this resolution with the City Clerk assigning the next available number. 11 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Commissioner Bass asked for an explanation as to why the City hired attorneys who are supposedly knowledgeable about cable information, and then paid these attorneys to become knowledgeable. Manager Cox explained that almost on a weekly basis there are changes being made to the FCC Rules and Regulations. The original changes which provides the authority for municipalities or governmental entities to do rate regulations, as well as determine the service level, probably came out with the regulations being anywhere from 6 to 8 inches thick. As a result of specific questions asked concerning the City's particular franchise the attorney has to go back and review the changes that may come up as they relate to specific instances. Manager Cox said he felt that this law firm was one of the most knowledgeable firms in the area. Commissioner Bass interjected and said her concern was, if the City's concept is to hire a law firm so that it can answer the questions, then why is the City paying to educate the law firm in order for it to know the answers. Mayor Carver remarked that no one knows all the laws or regulations required. He said law school does not teach the law, it teaches you how to find the law, and this is what attorneys get paid fora Commissioner Bass remarked that she still has a problem with this. She said the whole idea of hiring a law firm in the first place was so the lawyers could find the law. She said she did not have a problem with anything else, except the concerns she expressed earlier. Attorney Gallop said Mayor Carver correctly described what lawyers typically do. Attorney Gallop shared with the Commission that every Saturday he read the published appellant opinions from the State of Florida's Appellant Court and he did not charge for this. He said if a client requested him to do some specific research he would charge for this research. Attorney Gallop said as Manager Cox remarked, these charges are the result of particular questions being asked of Mr. Leibowitz. He further said he could not tell from the description given by Mr. Leibowitz what was requested, but they assume he was there researching information for the City. Mayor Carver reiterated his earlier statement. He said the field of law is no different than that of architecture. The 12 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 architect, in dealing with a particular property would have to look up the code to make sure everything was in compliance. He said in any profession no one knows all the rules, information has to be researched. Commissioner Cooper agreed and said the charges represented a function of time and nothing else. Commissioner Bass said she was not arguing the point as to whether or not Mr. Leibowitz might be doing some type of research for the City. Commissioner Bass remarked her only concern was the fact that this was the reason Mr. Leibowitz was hired in the first place. She said this was probably something she did not understand about being a lawyer. She commented that she just thought she'd bring this matter up to find out about it. vote. There being no further discussion, the motion passed by a 5 -0 Commissioner Bass: Yea Commissioner Cunningham: Yea Vice Mayor Young: Yea Commissioner Cooper: Yea Mayor Carver: Yea Resolution No. 96 -95 -9645 A Resolution of the Mayor and City Commission of the City of South Miami, Florida , ratifying emergency repairs to Crane 21 -31A, and authorizing the City Manager to disburse the sum of $2,568.30 from Account No. 1720 -4680, "Equipment Maintenance - Parts." Moved by Commissioner Cunningham, seconded by Vice Mayor Young to adopt this resolution with the City Clerk assigning the next available number. Commissioner Bass expressed her disappointment when she learned about the City's crane problem. She remarked that she was wondering why this issue was not addressed prior to this present situation. She said she has had first hand knowledge and many discussions about the lubricant leaking from the crane which is apparent at all the trash pile locations in the City. 13 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Commissioner Bass remarked that obviously the Commission wanted the crane fixed immediately, so she is clearly going to vote for this but she also felt it was important to ask if the City is actually going to buy a new crane, or is it in next year's budget. Commissioner Bass conveyed that it is imperative that the City not continue to limp along by borrowing from other cities. Manager Cox agreed with Commissioner Bass. He said he has put into this year's budget funding of approximately ($90,000) for a garbage truck. He related that. there are presently two garbage routes and three garbage trucks, with one truck being designated as a spare. Manager Cox remarked, had he been here during the preparation of this Fiscal year's budget, his decision might have been to buy a crane. He said he has discussed this matter with the Public Works director and was assured the garbage trucks are more of a priority. He said from a priority stand point he agreed with this because garbage is more important than trash. He informed Commissioner Bass that there was funding in next year's fiscal budget for a crane. Manager Cox conveyed to the City Commission that he is as tired as the they are about getting complaints regarding the leakage of hydraulic fluid. He said he personally visited the public works yard and saw buckets underneath the crane's hydraulic hose catching the residue as it spilled out. Manager Cox said if it is at all possible to expedite the purchase of the crane prior to next year's budget he will try to find a way to buy it. Manager Cox informed the Commission that at present the City had three cranes, one of the cranes purchased years ago from the City of Coral Gables was very old. He said he shared the concerns of the City Commission and this situation is now beyond just the needs of the City. Manager Cox reminded the Commission that there hasn't been a meeting that has gone by when he did not have an emergency order for crane repairs on the agenda. Manager Cox advised the Commission that he would be looking at any possibility to accelerate the purchase of a crane, but if not, there is one which will be presented to them in next year's budget. 14 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Commissioner Bass inquired as to whether or not the purchase of a new crane will eliminate the spill of lubricant on the streets. Manager Cox said he would certainly hope so, but did not understand why this is an on -going problem when the cranes are continuously being repaired. He said either the City is not getting the appropriate repairs done, or the crane is so old and in such a state of dis- repair that parts are not available, or the crane can not be repaired properly. Manager Cox emphasized the tremendous expense of operating and maintaining a crane. Manager Cox said South Miami is very proud of its garbage and trash services and because of these very necessary and important services he felt the City should have its own crane. He informed the City Commission that he is looking into the possibility of purchasing a crane this year. Commissioner Bass inquired as to whether Manager Cox could assure the City Commission that between now and the time of the purchase of a new crane that proper repairs to eliminate the lubricant spills would be pursued. Manager Cox said he will do everything that he can to give the Commission this assurance. Mayor Carver said he was quite disturbed when he saw the garbage truck on his regular trash pick -up day stopping by the trash piles, the men were picking up the trash with their hands and throwing it into the garbage truck. Mayor Carver shared with the Commission that the sanitation workers had informed him that the City has three cranes but none were available. Mayor Carver stressed this type of situation should never occur. He asked Manager Cox if it would be possible for the City to rent a crane until next year's budget is adopted. Manager Cox said he did not believe there were companies in the business of leasing cranes, but there is certainly lease purchase avenues available to the City. This, he felt would minimize the capital outlay the City might have to get involved with this year. Manager Cox said the lease purchase method may be the most suitable manner. 15 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Mayor Carver emphasized that the public works employees worked very hard and he did not want to see them waste their time picking trash up with their hands. Commissioner Cooper asked for clarification as to whether the garbage men were putting the yard trash into the garbage trucks. Mayor Carver confirmed this. He said the men were picking everything up with their hands and putting it into the garbage truck. Commissioner Cooper commented that this left no way to mulch, and the only alternative to dispose of the yard trash was by taking it to the landfill. Vice Mayor Young expressed his concerns and said that it would seem to him that if all three cranes were down, an emergency purchase needed to be made now for one crane, with another crane being purchased during the next fiscal year. There was some brief discussion between Mayor Carver and Vice Mayor Young regarding the availability of monies for this purchase. Mayor Carver reiterated his dissatisfaction with this situation and informed Manager Cox that he did not want to see it happen again. Manager Cox said he understood. Commissioner Cunningham inquired as to the age and years of wear and tear on the cranes presently owned by the City. Manager Cox asked Mr. Patterson, Public Works Director to respond to this question. Mr. Patterson replied that the newest crane was purchased in 1990. Commissioner Cunningham commented that people had to realize these cranes were probably burnt out because of excessive use after Hurricane Andrew. He compared the leakage from the crane to that of an automobile and said when this type of circumstance occurs the only alternative is to purchase a new one. Manager Cox conveyed to the Commission that the City may have a crane that's five years old, but the oldest crane is approximately 16 years old. After there was no further discussion on this matter, the 16 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 After there was no further discussion on this matter, the motion passed by a 5 -0 vote. Commissioner Cooper: Yea Commissioner Cunningham: Yea Vice Mayor Young: Yea Commissioner Bass: Yea Mayor Carver: Yea Resolution No. 97 -95 -9646 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse funds not to exceed the sum of $2,340.00 for the purchase of safety shoes for the employees in the Public Works Department and charging the disbursement to the appropriate account. Moved by Mayor Carver, seconded by Commissioner Cunningham to adopt this resolution with the City Clerk assigning the next available number. Mayor Carver explained that he pulled this item from the Consent Agenda because he wanted to express how disturbed he was after seeing two employees on the back of a garbage truck, one employee did not have on a uniform and neither man were wearing safety shoes. Mayor Carver said he approached the employees and asked why they did not have on a uniform nor safety shoes. He said they replied that these items had not been given to them. Mayor Carver remarked that each year the Commission made sure there is enough money in the budget for uniforms and safety shoes. Manager Cox informed the Commission that he had checked last year's purchase orders and could report to them that there were enough safety shoes and uniforms purchased to outfit the entire public works department. Manager Cox explained that Mr. Patterson might have new employees who have not been issues the items as of yet. He then invited Mr. Patterson to come forward and respond to questions from the Commission. 17 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Mr. Clarence Patterson, Public Works Director appeared before the Commission and explained that the City purchased uniforms for all permanent employees once a year. He remarked that the safety shoes were purchased once a year on a re- issued, as needed basis. He said in order for an employee to be issued new shoes, he must bring in the old pair and exchange them for a new pair. He informed the City Commission that the employees were issued new uniforms and shoes in May of last year. Mr. Patterson said the employees are presently being issued uniforms and the reason the shoes are on tonight's agenda is because the new assistant public works director put the items on the same resolution authorizing the purchase the uniforms. He said as a result of this, the process had to be redone because each item must be addressed on a seperate resolution. Mr. Patterson informed the Commission that the shoes would be available to the employees within the next two weeks. Mayor Carver asked for clarification regarding the need for separate resolutions. Mr. Patterson explained that initially a resolution authorizing the purchase of uniforms and shoes with the total dollar amount was placed on the agenda as one item. He said there are actually two different items and when public works tried to purchase the items, they were told by the finance department that each item had to be done by a separate resolution. Mayor Carver commented that he'd never seen this item on the agenda before. He further said putting two different items on the same resolution is not a hard thing to do and he could not see why it wasn't done. Manager Cox said he thought this might not have had anything to do with the resolution, but may have everything to do with the competitive bid process. Mr. Patterson remarked that the total amount of money allocated for the uniforms and shoes was placed on the agenda at the same time and the finance director advised him that these items needed to be separate. He said finance's reasoning was that the shoes and uniforms are purchased from different vendors. Mayor Carver said he did not agree with Mr. Patterson's explanation. He said if one of the employees got hurt while 18 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 working without safety shoes, the City would be at fault. He said if there is an issue of the employees not returning worn shoes, when new shoes are issued and the old ones not returned, there should be a process whereby monies would be deducted from that employee's payroll check to cover the cost of the new safety shoes until that employee returned the old ones. Mayor Carver expressed that he did not want to see employees wearing sneakers (which are dangerous] when they are suppose to be wearing safety shoes. Mayor Carver further said he did not want to see any employee not wearing the proper uniform either. He said if an individual is hired by the public works department, there should be a uniform for that person. Mr. Patterson explained that the only individuals without uniforms were those hired after the uniforms had been issued. But if the Mayor wanted this dealt with he (Patterson] would. Mayor Carver said he wanted the Administration to deal with whatever is required. He said the Commission has done its part by making sure the money is allocated to purchase these items. There being no further discussion, the motion passed by a 5 -0 vote Vice Mayor Young: Yea Commissioner Cunningham: Yea Commissioner Cooper: Yea Commissioner Bass: Yea Mayor Carver: Yea Resolution No. 98 -95 -9647 A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to initiate negotiations with the International Development Advisory Services (IDAS), the number one ranked vendor for providing the City a Local Government Computer Processing System as defined in the request for proposal; and, if negotiations IDAS fail to provide the best configuration and cost of the system, authorizing the City Manager to then open negotiations Intergraph Corporation, the second ranked vendor to provide the best configuration and cost of the system. 19 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Moved by Vice Mayor Young, seconded by Commissioner Cunningham to adopt this resolution with the City Clerk assigning the next available number. Manager Cox informed the Commission that the City is very fortunate to have on its staff an individual who was able to develop the RFP. He reminded the Commission that they had allocated in FY 94/95 budget a substantial amount of money to hire a consultant to do the RFP. Manager Cox said in order to save money which could later be used towards the purchase of the new computer system, he'd looked in -house for someone to do the RFP and Mr. Salven Kobola of the Building and Zoning department did an outstanding job on this project. Manager Cox informed the Commission that the City received compliments from several individuals including Mr. Throne, a resident and volunteer who facilitated the City in the selection process. Manager Cox said he was present at both vendor's presentation and it was a difficult decision to rank the vendors because both companies exceeded the City's RFP. Manager Cox conveyed to the Commission that the order in which the vendors were ranked was done to allow him if the Commission approved, to negotiate with the #1 ranked company to the extend that if those negotiations are acceptable and agreeable, then the City would enter into a contract to provide a Turnkey Computer System. Manager Cox continued by saying if he is unable to reach a satisfactory agreement with the #1 ranked company, the Commission's authorization would then allow him to move into negotiations with the #2 ranked company, Intergraph Corporation. Manager Cox said he recommend the City Commission's approval of this resolution. He said the computerization of this City within a network environment is long overdue. He said a lot of the problems in the building department were a result of not having a data base GIS system which is suitable to give the quality, and ability to perform as rapidly as it should. Manager Cox expressed his gratitude to the members of the Commission for their wisdom in providing the funding for this project, he asked that they allow him to move forward with the negotiations. 20 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Mayor Carver commended Salven Kobola for saving the City a lot of money in consulting fees. He said he too has spoken with Mr. Thorne and was informed by him [Thorne] that Salven Kobola did a tremendous job in putting together this proposal. Mayor Carver said he is proud to have Mr. Kobola on the City's staff. Mayor Carver remarked that the computer issue was hotly debated during the budget hearings and he wanted to again reiterate that even though South Miami is a small city, it has to respond to regulations just like big cities. Mayor Carver continued by saying that there would be a workshop right after this meeting on the City's Evaluation and Appraisal report. He then showed the audience a copy of the report which was approximately three inches thick. He said this document was prepared in the building and zoning department by Bill Mackey and Brian Soltz and is one incredible piece of work. Mayor Carver said the report was comprehensive, professional, detailed, and explanatory. He informed the citizens that this document was prepared in house, without the City having to spend any extra money on consultants, and without the kind of computer system needed to save Mr. Mackey and Mr. Soltz a lot of time and effort in putting this report together. Mayor Carver further commended Bill Mackey and Brian Soltz for the report and the importance of having an effective computer system. He said unfortunately, while this report was being done, he was receiving inquiries about the City's sign ordinance. Mayor Carver said the Evaluation and Appraisal report was a priority because it is required by State law, and when the City did not have the right resources to make the job easier for individuals who work for the City, these individuals have to use their time and energy to get the project completed. He commented there are a lot of things the City should be and could be doing but is not. Mayor Carver further said the computer system is long over due and he is glad to see that the City is finally going to get an efficient and appropriate computer system. There being no further discussion the motion passed by a 5 -0 vote. 21 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Vice Mayor Young: Yea Commissioner Cooper: Yea Commissioner Bass: Yea Commissioner Cunningham: Yea Mayor Carver: Yea ORDINANCES) -FIRST READING An Ordinance of the Mayor and ,City Commission of the City of South Miami, Florida amending Article VII, Hometown District Overlay Ordinance in order to provide regulations for outdoor seating /dining uses and areas; providing the City Manager with powers of approval and revocation; providing for powers to Building, Zoning and Community Development Department regarding Development Regulations; providing for an amendment to the fee charged for license; providing for severability; providing for ordinances in conflict, and providing for an effective date. Moved by Commissioner Cooper, seconded by Commissioner Cunningham to approved this ordinance for first reading, with consideration for second reading after being reviewed by the Planning Board. Manager Cox informed the City Commission that the administration supported the adoption of this ordinance. He said this ordinance has been before the SR Committee on two separate occasions. The Committee's membership which includes mostly property and merchant owners in the downtown area provided both insight to strengthen this ordinance and valuable information to assist the administration. Manager Cox explained that the only area where the administration differed with the SR Committee was the establishment of a fee of ten ($10.00) dollar per square feet after the first year. Manager Cox said during the last SR Committee meeting this fee recommendation was dropped to five ($5.00) dollar per square feet. Manager Cox said after doing a substantial amount of research, the administrative cost involved and the additional enforcement, he and the administration still supports the ten ($10.00) per square feet fee. 22 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Mayor Carver inquired as to whether or not, there will be a charge at the inititial beginning, or if after the first year the $10.00 per square feet fee would be implemented. Manager Cox replied it would be implemented after the first year. Commissioner Cooper conveyed that during the SR Committee meeting there was a lot of discussion and debate regarding the fee. He said the Committee did realize that the $10.00 fee was competitive and perhaps even an advantage over most other communities. Commissioner Cooper said the SR Committee's discussion to reduce the fee centered on the fact that this was such an important issue and the City should be making a supreme effort to encourage this type of development in that area. Commissioner Cooper expressed that the Committee members felt that the five ($5.00) fee would not be an unusual lost to the City. He gave an example: if a site had an area for tables of roughly 101x30' or 300 square feet, at $10.00 per square feet the income for the City would mean approximately $3,000, and half of this would be $1,500." He said the difference in income to the City would be approximately $1,500 per year. Commissioner Cooper communicated to the Commission that there was a lot of discussion regarding page 2 of the memorandum from Mr. Mimms, and the Committee decided to turn this over to the City's Attorney to ask for his recommendation on it. He said their concerns had to do with the language which appeared in ordinances from other cities, but the Committee was not sure what this language has to do with the City of South Miami. Attorney Gallop advised that the language which provides for the outdoor seating to be provided to the general public could be deleted, this would devote the public area to a specific use. Attorney Gallop said this use by the public would be limited to the patrons of the out door seating. He said the City did have the power to restrict the use of public property for specific purposes and deleting this language would not impede with a person's first amendment right to association, or improperly limit the use of public property. Commissioner Cooper asked if Attorney Gallop was recommending that the text in question be deleted. 23 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 1 Attorney Gallop said his recommendation is that the Commission 2 has the power to delete the language if it so desired. 3 4 Moved by Commissioner Cooper, seconded by Vice Mayor Young to 5 delete from page 2, paragraph 10, line 27 of the ordinance, the 6 wording "providing that they do not restrict or discourage free use 7 of tables or chairs by the general public ". 8 9 Mayor Carver agreed with the deletion of this language, and 10 said a restriction should be in place. 11 12 Vice Mayor Young asked for clarification on the amendment. 13 14 Mayor Carver explained the amendment will mean that the 15 establishment can restrict the free use of the tables and chairs by 16 the general public. 17 18 Vice Mayor Young asked about the scrivener's error on the 19 agenda as opposed to the title of the ordinance (dinging instead of 20 dining). 21 22 Attorney Gallop said there were a lot of corrections and 23 modification in the nature of scrivener's changes which needed to 24 be made to this ordinance. He said he'd like to make these changes 25 before the document comes back to the Commission for the second 26 reading. 27 He said the corrections would not change the meaning of the 28 ordinance, nor require any further hearings as a result of the 29 changes. 30 31 There being no further discussion regarding this amendment, 32 the motion passed by a 5 -0 vote. 33 34 Commissioner Cooper: Yea 35 Vice Mayor Young: Yea 36 Commissioner Cunningham: Yea 37 Commissioner Bass: Yea 38 Mayor Carver: Yea 39 40 A motion was made by Commissioner Cooper to change the fee per 41 square feet, after the first year from ten ($10.00) to five ($5.00) 42 dollars. 43 44 This motion died for a lack of a second. 45 46 Mayor Carver expressed that this fee is certainly less than 47 what any one has ever paid for a space in this area. 48 24 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Mayor Carver said the City did not need to give away its property especially since the Commission had just voted to restrict the use to patrons only. Commissioner Cooper supported the $10.00 fee by saying that this fee was very reasonable and the City will be making a very loud statement to the business community that the City is really trying to encourage the development of the outdoor /dining concept. Mayor Carver remarked that he did not believe the $10.00 fee will discourage anyone from this development concept. vote. There being no further discussion the motion passed by a 5 -0 Commissioner Cooper: Yea Commissioner Cunningham: Yea Commissioner Bass: Yea Vice Mayor Young: Yea Mayor Carver: Yea PUBLIC REMARKS: Mr. Chris Hansen of 6611 SW 78th Terrace appeared before the City Commission to notify them that this would be his last appearance for the Fourth of July event. He asked the members of the City Commission to encourage the community to display the American Flag during this event. Mr. Hansen made referenced to the summer kick -off event held on Sunset Drive and said it was a huge success. Mr. Hansen said there was over 11,000 individuals who participated in the walk -a -thone and Jorge and Javier deserved a real vote of thanks from everyone. Ms. Daisy Harrell of 6040 SW 62nd Avenue appeared before the City Commission to thank Mayor Carver and Vice Mayor Young for the proclamation. Mr. David Tucker of 6556 SW 78th Avenue appeared before the City Commission to make comments on behalf of the Building, Zoning and Community Development Department. He said Mr. Mimms is to be commended for his dedication and leadership abilities. He said the staff on the second floor always provided outstanding service. 25 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Mr. Tucker further expressed how pleased he is with Saturday's event on Sunset Drive. COMMISSION REMARKS: Commissioner Cunningham informed Mr. Hansen that if he started investigating where the small flags could be obtained for the Fourth of July event, he would make sure there were funds available to pay for them. Commissioner Cunningham expressed what a pleasure it is to visit the downtown area during these different activities because this is the only time when he see individuals he has not seen all year. Commissioner Cunningham conveyed that it is about time the citizens in this community sent a heartfelt thank you to Jorge and Javier for all their efforts and the hard work being done to promote the City of South Miami. Commissioner Cooper complimented Bill Mackey and Brian Soltz for the outstanding work they had done on the Evaluation and Appraisal report. He said the report was extremely well done and very concise. Mayor Carver expressed his gratitude to Jorge and Javier for the tremendous job they have been doing in coordinating and presenting these events. Mayor Carver shared that one of his neighbors, Greg Speiler decided to have a get together with his neighbors and the only restriction was that there were no cars allowed. He said this was a spontaneous and impromptu event which he felt more people should be encouraged to do to meet their neighbors. There being no further business to come before the City Commission the meeting adjourned at 8:44 p.m. Approved: Mayor Attest: City Clerk 26 Agenda Item 7 Eddie Cox Re; Comm. Mtg. 07/18/95 City Manager Payment To Leibowitz & Associates Cable TV This resolution authorizes the City Manager to disburse payment of $3,188.68 to Leibowitz & Associates for fees incurred regarding the City's Cable Television Franchise Renewal Request, and for advise regarding federal cable television statutes. I recommend approval a \leibowitz II } 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 l RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $3,188.68 REPRESENTING FEES INCURRED FOR LEGAL SERVICES BY LEIBOWITZ & ASSOCIATES, P.A., REGARDING THE CITY'S CABLE TELEVISION FRANCHISE RENEWAL REQUEST AND FOR ADVICE REGARDING FEDERAL CABLE TELEVISION STATUTES AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2100 - 3420: 11CONSULTANT -CABLE TV FRANCHISE." WHEREAS, by Resolution number 67 -93 -9811 passed April 27, 1993 the City commission authorized the City Administration to enter into a contract with the law firm of Leibowitz & Associates, P.A. and as Special counsel regarding Cable Television and the Franchise Renewal Request; and WHEREAS, the City has now received invoices for legal services rendered pursuant to the aforesaid Resolution in the amount of $3,188.68. 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 hereby is, authorized to disburse the sum of $3,188.68 Leibowitz & Associates, P.A. for legal services rendered regarding the City's Cable Television Franchise Renewal Request. Section 2. That the disbursement be charged to account number 2100 - 3420: "Consultant -Cable TV Franchise." PASSED AND ADOPTED this day of July, 1995. ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: .g aVeibowitz MATTHEW L. LEIBOWITZ JOSEPH A. BELISLE ILA L. FELD OF COUNSEL AARON P._SHAINISR LEE PELTZMAN� SANFORD L. BOHRER NOT ADMITTED TO FLORIDA BAR LEIBOWITZ & ASSOCIATES, P.A. SUITE 1450 SUNBANK INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE MIAMI, FLORIDA 33131-.1715 TELEPHONE (305) 530-1322 TELECOPIER (305) 530 -9417 CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 ATTN: C. EDWARD COX CABLE TELEVISION 05/30/95 SUITE $00 1255 23RD STREET, N.W. WASHINGTON, D.C. 20037 Page: 1 07/06/95 Account No: 7404 -OOM Statement No: 61 IF Telephone conference with Stephanie at Earl Gallop's office; Retrieve and forward rate documents from file MLL Telephone conference with Eddie Cox 06/06/95 IF Study 6th report and order and 11th order on reconsolidation re :small cable system rate regulation 06/09/95 MLL Telephone conference with Eddie Cox; Study letter 06/12/95 IF Read preliminary response from cable satellite 06/15/95 IF Research renewal denial by LFA Sturgis, Kentucky 06/16/95 IF Review renewal files; Study applicable law; Draft letter to city re:current status of renewal and options available to city 06/19/95 MLL Conference with Eddie Cox and Ila Feld 1 .30 .30 .50 .30 .30 3.80 1.50 Page: 2 CITY OF SOUTH MIAMI 07/06/95 Account No: 7404 -OOM Statement No: 61 CABLE TELEVISION IF Telephone conference with Renatta Taylor re:customer service ordinance IF Review dates /meeting IF Telephone conference with Bill Pohts IF Telephone conference with Greg King re:Cable satellite await IF Meeting with Eddie Cox and Matt Leibowitz IF Study new Federal Communications Commission rules re:small system rate regulation 06/20/95 MLL Telephone conference with Ellen Fillipiak IF Telephone conference with Renatta Taylor IF Prepare Ascertainment questions IF Telephone conference with Greg King 06/21/95 IF Telephone conference with Federal Communications Commission re:status of cable satellite scrambling IF Prepare letter; Forward ascertainment questions, engineering estimates and customer service ordinance to city IF Telephone conference with Kevin Grossman re:Greg King reference For Current Services Rendered .20 .20 .30 .20 1.50 .30 .30 .20 .60 .20 .20 1.00 .20 13.00 2,600.00 Recapitulation Attorney Hours Hourly Rate Total Matthew L. Leibowitz 2.70 $200.00 $540.00 Ila L. Feld 10.30 200.00 2,060.00 Long Distance Calls Postage Telecopying Photocopying Total Expenses Thru 06/25/95 Total Current Work Previous Balance 4.67 1.01 50.00 33.00 88.68 2,688.68 8,655.66 CITY OF SOUTH MIAMI CABLE TELEVISION 06/14/95 Payment 06/14/95 Payment 06/29/95 Payment Total Payments Balance Due l Page: 3 07/06/95 Account No: 7404 -OOM Statement No: 61 - 6,352.68 - 1,098.60 - 1,204.38 - 8,655.66 $2,688.68 CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 ATTN: C. EDWARD COX MOTION TO STAY SUITE 500 1255 23RD STREET, N.W. WASHINGTON, D.C. 20037 Page: 1 07/06/95 Account No: 7404 -09M Statement No: 1 1 IF Participation in multi -city Motion to Stay filed with FCC with respect to calculation of gross revenues contained In the Matter of United Artists Cable of Baltimore For Current Services Rendered Total Current Work Balance Due J;uJ+' JUL 0 7 1995 GITY MANAGER'S orFlot 500.00 500.00 $500.00 L.EIBOWITZ & ASSOCIATES. P.A. MATTHEW L. LEIBOWITZ SUITE 1450 JOSEPH A. BELISLE SUNBANK INTERNATIONAL CENTER ILA L. FELD ONE SOUTHEAST THIRD AVENUE OF COUNSEL AARON P. -SHAW 15* MIAMI, FLORIDA .33131 -1715 LEE PELTZMAN SANFORD L. BOHRER TELEPHONE (305) 530-1322 TELECOPIER (305) 530-9417 NOT ADMITTED TO FLORIDA BAR CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 ATTN: C. EDWARD COX MOTION TO STAY SUITE 500 1255 23RD STREET, N.W. WASHINGTON, D.C. 20037 Page: 1 07/06/95 Account No: 7404 -09M Statement No: 1 1 IF Participation in multi -city Motion to Stay filed with FCC with respect to calculation of gross revenues contained In the Matter of United Artists Cable of Baltimore For Current Services Rendered Total Current Work Balance Due J;uJ+' JUL 0 7 1995 GITY MANAGER'S orFlot 500.00 500.00 $500.00 City Manager Agenda item I � Re: Comm. Mtg. 07/18/95 Ratification of Emergency Repair of Crane #21-31A On June 14, 1995, the above Crane broke down. Two of the engines pistons were knocking loudly and needed to be rebuilt. The crane was towed to a shop so that no further damage would be done to the engine. The crane was sent to Reichten International, Inc., to effect repairs at a cost of $1,634.68. The repair for this vehicle was deemed an emergency because the Public Works Department did not have any cranes operating in the City. Trash was being temporarily picked up by hand with garbage trucks, until we could effect repairs. The total cost to repair the crane was $1,634.68, and can be paid from account number 1760-4680, "Maintenance and Repair - outside Services." I recommend approval aOrewir.pw 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 FI- RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING EMERGENCY REPAIRS TO CRANE 21 -31A, AND AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,634.68 FROM ACCOUNT NUMBER 1720 -4680, "EQUIPMENT MAINTENANCE- OUTSIDE SERVICES." WHEREAS, the City of South Miami provides trash collection services for its citizens and business community, and; WHEREAS, on June 14, 1995, Crane Number 21 -31A, was found to have two bad pistons in the engine and needed to be overhauled, and all cranes owned by the City were out of service , and; WHEREAS, the City Manager is authorized to determine that an emergency exist and take appropriate action to address that emergency. 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 disburse up to the sum of $1,634.68 to Reichten International Trucks, Inc. for the emergency repair of crane # 21 -31A. Section 2. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED MAYOR 1995. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Eddie Cox City Manager FROM: Clarance Patterson Public Works Director DATE: June 14, 1995 RE: Emergency Repairs: Crane # 21 -31A The above crane has been diagnosed with one or two bad pistons. The vehicle has over 14,000 hours on the engine. The engine knocks loudly and needs to be rebuilt. The crane will have to be towed to a shop, so that no further damage is done to the equipment. This crane recently underwent major repairs to its hydraulic system. The output shaft was replaced on June 6, 1995. The crane borrowed from Metro Dade County was sent back for repairs. No cranes are operating in the City and trash is being picked up with trash crews and garbage trucks. We are requesting your authorization to effect emergency repairs on the City's crane. We have submitted a list of vendors to Central Service/ Purchasing and a request to get started on repairs as soon as possible. Please advise if you have any questions or concerns regarding the requested emergency repair. Thank you. / � ` PURCHASE ORDER ClT` OF SOUTH MIAMI ���0 S�JMSET DRIVE SOUTH MIAMI FL S3143 �u158 REC�TlEN IMTER�HTIQHAL TF<UCK�. IMC 72E7 ii�-4 74 AVE MIAMI FL :5:3166 06,'26/95 0�156 PGLN DEPT 06JECT OTY 0101 1760 4680 0102 �9999 fulm PURCHASE ORDER 40Z156 REQUISITION #C30061 0I 3ESCF<IPTIQM REPAIR OF CRANE *E1-31A SEE ATTACHED � � ! ' TOTAL AMOUNT / --'_. 4MOUNT 16 34 1634.66 6130 Sunset Drive, South Miami. Florida 33143 REQUISITION DATE , ' "n JnC N0. cl' -J006 i J VENDORI 1'2217 Asiv 74t% % A V H . CONFIRMATION (YES OR NO) DELIYER REQUIRED FOR /'ip DEPARTMENT ITO DELIVERY DATE INFORMATION TO BE FURNISHED BY DEPARTMENT FOR PURCHASING AGENT ITEM QUANTITY DESCRIPTION AND SPECIFICATIONS ACCOUNT PRICE TOTAL COST NO'S TO BE CHARGED rerair a crane vehicle ;t' 21 -3I_i see attached verbal authorization, prom City Xana ver `7i-a Hr. 'Pat ar5orn th4 s data:'. 760 -4680 '_, ,5 3µa," PURCHASE ORDER N0. f 't f TERMS /DISCOUNT 1 HERESY CERTIFY 'HAT THE ASOYE MATERIAL, EOUIP- COOING OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE 01 MENT, OR SERVICE IS ESSENTIAL AND A PROPER REQUEST PYRCNASE ORDER AUT "ORtLED. AGAINST THE CODES CHARGED. r IFFICIENGY OF APPROPRIATION 9ALANCE3 VERIFIED XCEPT AS OTHERWISE NOTED.) "EAU OF DEPARTM"T FINANCE DEPARTMENT CITY MANAGE%' u CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM ------------------------------------------------------------------- To: Mayor & City Commission Date: July 10, 1995 Agenda Item # _ From. Eddie Cox 07/18/95 Commission Agenda City Manager Re:Ratification of Emergency Repair of Refuse Collection Truck #21 -41 ------------------------------------------------------------- - - - - -- A breakdown of one of our refuse collection trucks due to a severe hydraulic leak last month necessitated an emergency repair. The back -up collection truck was being utilized in the collection of trash in the absence of an operational trash crane. Therefore, it was deemed necessary to repair this equipment on an emergency basis in order to maintain adequate garbage collection in the City. The total cost to repair the refuse collection truck is $1,496.83, and can be paid from account number 1760 -4680, "Maintenance and Repair - Outside Services." This resolution authorizes disbursement of funds to pay for this emergency repair. I recommend approval. N 1 2 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 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING AN EMERGENCY EXPENDITURE OF $1,496.83 FOR EMERGENCY REPAIRS TO REFUSE COLLECTION TRUCK # 21 -41, AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1760 -4680, "MAINTENANCE AND REPAIR - OUTSIDE SERVICES." WHEREAS, Refuse Collection Truck #21 -41's hydraulic ejection valve has deteriorated from age and use, and; WHEREAS, the operation of the above hydraulic ejection valve is instrumental when dumping refuse collected on the garbage route, and; WHEREAS, the above Refuse Collection truck is instrumental in providing the service of refuse collection in the city of South Miami, and; WHEREAS, the City Manager is authorized to determine that an emergency exists, and take appropriate action to remedy the situation. 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 I hereby authorized to disburse the sum of $1,496.83 to Dynamic Power Hydraulic for the replacement of the hydraulic ejection valve. Section 2. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED MAYOR 1995. WARRANTY IS 90 DAIS FROM DATE OF INVOICE OR MILES UNLESS STATED '10 VLRR ITT' INVOICES OVER DOE PILL 8E CHA- RGED 1 1 /21 INTUM PER MONTH SOB- TOTAL: ' 11,496.83 SALES TAI: $0. X10 FREIGHT: $0.00 i N V 0 1 i. 1J+ D3!natnic Power Hydrauiic Number: -17594 :3377' NW 69th St. PH #693 -9797 FAX #(:)961'559 Date: 06/23/95 Miami, FL. 33147 -6641 Page: 1 SOLD City Of South Miami SHIP 1. City Of South Miami TO: 6130 Sunset Drive TO: 6130 Sunset Drive FAX# 2613791 FAX# 2613791 South Miami FL 33143 South Miami FL 33143 Pedri Gonzalez Pe 11EY -# 12 /- 9 / ORDER NO. ORDER DATE ACCOUNT SALESPERSON PURCHASE ORDER 30. SHIP VIA DATE SHIPPED TERMS 17594 -------------- 06/21/95 110181TIOP 0 �+4/� 6' ?2 BEST -WAY 06/23/95 1ET 30 ORDERED SHIPPED QTY 0.0. -------------------------------- PRODUCT CODE PRODUCT DESCRIPTION DISC UNIT PRIG -- EITEND$D PRICE -- - - - - -- 2.25 -- - - - - -- -- - - - - -- 2.25 0.00 --------- - - - - -- NON- PEDRO -32 ------------------------ - - - - LABOR @ 32.50 PER MANHOU -- - - - -- ------ - - - - $32.5000 -------- - - - - -- $73.13 4.50 4.50 0.00 99- TYRONE -32 LABOR W 32.50 PER MANHOOR $32.5000 $146.25 1.00 1.00 0.00 NON CONTROL HUE $1,221.9300 $1,221.93 6.00 6.00 0.00 OIL -40340 MOBIL HYDRAULIC OIL AW68 $7.7943 $46.77 6.00 6.00 0.00 ORI -568 -916 0 RING $1.0645 $6.39 1.00 1.00, 0.00 011- 566 -920 0 RING $1.1495 $1.15 1.00 1.00 0.00 ORI -568 -924 0 RING $1.2065 $1.21 WARRANTY IS 90 DAIS FROM DATE OF INVOICE OR MILES UNLESS STATED '10 VLRR ITT' INVOICES OVER DOE PILL 8E CHA- RGED 1 1 /21 INTUM PER MONTH SOB- TOTAL: ' 11,496.83 SALES TAI: $0. X10 FREIGHT: $0.00 TOTAL: $1.496.63 CITY OF SOUTH MIAMI ® INTER- OFFICE MEMORANDUM ------------------------------------------------------------------- To: Mayor & City Commission Date: July 10, 1995 Fro : Eddie Cox City Manager Agenda Item # /® 07/18/95 Commission Agenda Re: Emergency Purchase of Trash Crane and Chassis The Public Works Department has been experiencing extreme difficulty during the past few months with the cranes used in the collection of trash for the City. Most recently, both of the cranes owned by the City were out of service due to mechanical failure. A crane was borrowed from Dade County to help us through this emergency situation, and at one point, event the borrowed crane was down for repairs leaving us without any operational cranes for the collection of trash. Last year's budget did not provide for replacement of the 1978 model crane. Therefore, in response to this emergency situation, and with the approval of the Commission, I instructed the Director of Public Works to acquire bids for an emergency purchase of a trash crane in order to maintain adequate trash collection services in the City. There is an existing 1995 State Contract for cranes with Atlantic Truck Sales. The Cost for purchase of this equipment is $54,549.00, and will be paid from account # 1720 -6430, Equipment Operating - Solid Waste. This resolution authorizes the disbursement of $54,549.00 to Atlantic Truck Sales for the emergency purchase of a Trash Loader and Chassis. The expected delivery time is approximately 6 weeks following our order. I recommend approval. /o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 if% RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA , AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $54,549.00 FOR THE PURCHASE OF A TRASH CRANE FOR USE BY THE PUBLIC WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER #1720 -6430; "EQUIPMENT OPERATING; SOLID WASTE ". WHEREAS, the useful life expectancy of a trash crane is Five (5) to Seven (7) years, and; WHEREAS, in order to provide the most cost effective service possible, the City of South Miami must periodically replace Trash Cranes, and; WHEREAS, the Mayor and City Commission of the City of South Miami, directed the City Manager to purchase a trash crane in response to the difficulties experienced by the trash crews in picking up and disposing of the City's trash, and; WHEREAS, the City of South Miami has identified Atlantic Ford Truck Sales as a local vendor under the 1995 State Contract bid #070 - 700 -230. 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 disburse the sum of $54,549.00 to Atlantic Ford Truck Sales for the purchase of a Trash loader and chassis under the 1995 State Contract #070 - 700 -230. Section 2. The purchase is for one (1) trash loader. See Exhibit (A) "Summary Quotation." Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of 1995 APPROVED MAYOR ... - _._.._ -.. _.. - U b -95 i n[1 : Ci0 yiEi�Rt�E -ELL 5�1 A K H. 407 36133+49 1 a 4 .«,..• 65 Stato Reed 84 pUDERDALE,1~ L 93312 ... ,,r P.O. $fax 22450 FT, s IFM', ET. LAUt7ERDAtE. FL 33335 PARTS HOT LINE: (305} y97 -9720 SALES! (3 05) s87 -8630 (305) 587.8220 ffel ATTENTION FAX NUMBER_ t 7 & ■ __. DATE l— NUMBER OF PAGES FROM: GEORGE OR DREW ELLISON FAX NUMBER- 1- 407- 862 -8849 PHONE NUMBER -1407- 862 -7408 hivil • i ,�► . li t U • JU .��� GEO.�UE­ i i :SGT EAX 0. 1 40 f 6623845 P. 2 FC:>R" rL'1ztLT4-_"I{S Time: 5 :39 PX ATLANTIC FORD TRUCK SALES 2565 W. STATE ROAD 84 PT. LAUDERDAT �' FL 33312 1-- 305-587 -8220 FAX: 1- 305 - ,797 -9720 PREPARED BY: GBORGE TLLISON Page I of 1 07/06/1995 No. OF UNITS: 1 4itr 3MARY QIIC�T.AT =C7i�Y ( Price Level = 501 Model Year = 1995 Version = v1.88U.3.0 ) Model .................. P800 Conventional - Diesel Wheelbase WB -141 CA =72 AF =39 OAL =216 Engine ..................... Ford FD -1050 175 HP 2500 RPM Transmission ............... Allison AT --545 4 -Speed Automatic Front Axle ..... 0000 ........................... 9000 .lb Front Axle Rear Axle 19000 lb Rockwell RS -19 -145 Steel 1S Axle Ratio 4.88 Paint ........................0.000.. ................. Pure White GAWR: Front: 9000 /Reap: 19000 GVWR: Frame: 30000 /Total: 28000 Total Weight ............................. Front: 4957/Rear: 3179 Total Equipment Price (Excluding Taxes and Title) ...000.00. 54549.00 Net Trade Allowance ............. .........................00.0.0 0.00 Total Price to the Customer . ........44.......09............ 54549.00 Comments: 1995 STATE CONTRACT 1070 -700 -230 Dealer Signature /O Date Customer Signature Date y _�`��- a �; �i A ��7 GE -P- SG�I PAK 10. i 1186?3849 _ P �'C3►RD TRU��� Time: 5:40 P14 ATIC ANTIC FORD TRUCK SALES 2565 No STATE ROAD 84 FT. LAUDERDALE FL 33312 1 -305- 587 -8220 FAX: 1 -305 -- 797 -9720 PREPARED BY: GEORGE ELLISON page 1 of 5 07/06/1995 NO. OF UNITS. 1 ( Price Level - 501 Model Year =1995 Version = V1.88U.3.0 3 DESCRIPTION 40 Frame 18.0 SM 50,000 PSI Sgl Chan "L" Reinfor 16 Front Suspension 9000 lb Capacity $7 Rear Suspension 19000 lb Capacity w/4500 lb Sgl Deaf Aux s6 Brake Air Brakes Front Cato 15" x 4" Air Brakes Rear Cam 16.5" x 7" F800 Conventional - Diesel AA Vehicle Veh Des, Truck Veh Ser, Highway Only Veh App, Linehaul, Van /Stake 64B Wheelbase WB -141 CA =7 2 AP-39 OAL --216 30 Engine Ford FD -1060 175 HP 2500 RPM 56 Transmission Allison AT -545 4 -Speed Automatic 11 Rear Axle 19000 lb Rockwell RS -19 -145 Steel 1S Axle Ratio 4.88 10 Front Axle 9000 lb Front Axle 40 Frame 18.0 SM 50,000 PSI Sgl Chan "L" Reinfor 16 Front Suspension 9000 lb Capacity $7 Rear Suspension 19000 lb Capacity w/4500 lb Sgl Deaf Aux s6 Brake Air Brakes Front Cato 15" x 4" Air Brakes Rear Cam 16.5" x 7" UL= �j -J iU J.Q1 r�l (FORME- �ELLISON "AX NO F'pRi3 2rx;tXXC�0 S Time: 5:40 Ply 1 407 8623849 P. 4 No. OF UNITS: 1 Page 2 Of 5 07/06/1995 ( Price Level - 501 Yodel Year = 1995 Version - vi.88U.3.0 ) DESCRIPTION 16 Brake (cant) Type 16 Front Air Brake Chambers 13 Axle Equipment/Driveline Axle Luba, Synthetic 75W90 King Pin Bushings - Bronze Differential(s),Mai.n,Nom- Locking Drag Link & Tie Rods, Greaseable U- Joints Spicer 1480 Magnetic Traps Drain & Fill Plugs Single Power Steering Ross TAS -55 Shock Absorbers,Front Dbl Act Telescopic Wheel Seals Front Wheel Seals Rear, C.R. Scotseal Wheel Seal Lube - Frt, Synthetic 5OW 19 Brake Equipment Air Comp, 13.2 CFM Bendix Tu -Flo 550 Air Dryer, Bendix AD -9 Heated Brake Dust Shields Moisture Ejectors Non,Htd Bendix Auto Parking Brake, Maxi II Spring -Set Slack Adjusters Front Auto Gunite 5.5" Slack Adjusters Rear Auto Gunite 5.5" 22 Cab Standard Interior Trim Med. Opal /Ebony 23 Exterior Cab Equipment Grille Medium Titanium Hood Forward Tilting Front End Horns,Dual Electric Mirrors Dual Western Delbax Stainless Running Board, Medium Titanium Tinted Glass All Around windshield Clear Laminated Glass Windshield Wipers Two -Speed Electric 24 interior Gab Equipment Cowl Vent Left Hand, ventilation f G, ��7 lnu U3 41 NGHnGE KLiSON FAX X10, 1 407 3623849 F. Time: 5:40 PX PREPARED BY: GEORGIC =ISON NO. OF UNITS: 3 Page 3 of 5 , 07/06/1995 ( price Level - 501 Model Year - 1995 Version - v1.88U.3.0 ) DESCRIPTION 24 Interior Cab Egtipment (cont) Heater Fresh Air w /All Weather Ventilatn Radio Electronic AM /FM Stereo Steering Wheel 18s, Diameter Sun Visors LH & RH 25 Seating Seat Belts Lap a shoulder Bench Seat Full Width Trimmed In Vinyl 26 Inst /Gauge /SWitch/Wrn Dev Ammeter Air Cleaner Restriction Gauge Motorcraft Gauge Electric: Oil Pressure Gauge Electric: Coolant Temp Gauge Electric: Fuel Temperature Gauge, Transmission oil Hobbs Eng Hour Meter ignition Activated Parking Brake Control Dash Mounted Speedometer, Electric MPH /kmH Tachometer Electric Turn Signal Switch, Steering Column Mtd 27 Electrical Circuit Protectors, Fuses Flasher Emergency Head Lights, Two Rectangular. Halogen Lights Cab Marker, (5 Lights) Tail Lights, Two Turn Signal & Side Marker Combo Lamps 28 Alternator Alt 95 Amp Motorcraft Internally Reg. 29 Batteries /Boxes /Cables Hatt 2, 65 Amp 600 CCA Motorcraft Grp 24 32 E4chaust System Horiz Muffler and Horiz Pipe RH >d 1 UT 6 -95 THU 9:04 AM GEaRGE�EI L? S4� FAQ ?za. l 407 8623$49 �. 2 FC73F1D 91'2ZtI4__W._dS Time: 5:40 PM PRUPARED BY: GEORGE BISON NO. OF UNITS: 1 Page 4 of 5' 07106/1995 ( Price Level = 501 Model Year m 1995 Version v1.88U.3.0 ) DESCRIPTION 37 Engine Equipment Air Cleaner, Donaldson Single -Stage Engine Warning /Shutdown, Ford 3 Function Fan Clutch, Eaton Coolant Filter, Perry Spin -On Type Gil Filter, One 1 Qt. Fleetguard LP-3349 Fuel Pump, Mechanical Fuel /Water Separator, Fleetguard Non -Htd Governor, Mechanical Oil Cooler, Integral Silicone Hose Package Starter, De1CO 12 Volt 43 ruel Tank Steel, 35 Gal RH Step Tank Sc Paint, Solid Color Pure White 50 Front Tire Sixe & Mfg Tubeless Radial 11822.5 -14 12,080 Goodyear Unisteel G286 52 Front Wheel Disc 10H Steel 22.5X7.50 1 pc 51 Rear Tire Size & Mfg Tubeless Radial 11R22.5 -14 21,200 Goodyear Unisteel G144 53 Rear Wheal Disc 10H Steel 22.5X7.50 1 pc 54 Spare Tire/Wheel .Spare Front Tire Spare Front Wheel 57 Transiission Bquipwent External Trans Oil Filter .............. ..._...._ �Ui- yb -a� TIt1 3:04 A GEORGE -�I I.aSON '-AX NCB. 1 401 8623840 TIM: 5:40 PK PREPARED BY. GRORGE ELLISON NO. OF UNITS: 1 Page 5 of 5 07/06/1995 { Price Level = 501 Model Year = 1995 Version = v1.88U.3.0 ) DESCRIPTION 57 Transmission Equipment ( Cont ) Transmission Oil Cooker Shift Control Steering Column Mounted 59 Chassis Equipment Bumper Front Full. Width Tow Hooks Front Dealer Installed Rustproof & Rainshields Z121950.160 Predelivery 7121950.100 Mudflaps & Backup alarm 7121950.110 PETERSON TL -3 LIGHTNING LOADER REAR LOADER WITH A REAR CUTOUT AND OPERATOR SEAT AND CONTROLS UNDER STEEL CONOPY REMOVE BENCH SEAT AND INSTALL BUCKET SEAT ON DRIVER SIDE ONLY FREIGHT CHARGE ,FIXED CHARGES #21950 GENERAL REBATE GENERAL UPCHARGE STANDARD WARRANTY COVERAGE Agenda Item # Fro Eddie Cox Re: Comm. Mtg. 07/18/95 City Manager. Purchase of Hydraulic Container Attachment for Refuse Collection Truck #21 -39 I was advised by the Public Works Department that the above container attachment was not a part of the bid for the purchase of the new refuse collection truck approved in March of this year. Apparently my predecessor approved the purchase under the bid and wanted the attachment paid for out of another fund within the department. Therefore, it was never included in the purchase request for the new truck. A salesman at Mack Sales of South Florida, L.C. added the device without the City's authorization. The City, however, benefited from the salesman's actions because the cost is less, we save time by not having another company do the job, and it is covered by warranty since it was installed at the factory. The amount of the hydraulic container attachment is $2,525.00 and can be paid from account number 1720 -5240, Equipment Maintenance - parts. I recommend approval. a \purccont,pw it 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 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING THE PURCHASE OF THE HYDRAULIC CONTAINER ATTACHMENT FOR REFUSE COLLECTION TRUCK # 21 -39 (NEW TRUCK) AND AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,525.00 FROM ACCOUNT NUMBER 1720 -5240, `EQUIPMENT MAINTENANCE - PARTS." WHEREAS, the Mayor and City Commission of the City of South Miami authorized the purchase of the above refuse collection truck in March of 1995, and; WHEREAS, the refuse collection truck was budgeted for under the prior administration which excluded the Hydraulic Container Attachment, which allows the vehicles to load two yard garbage containers for he commercial accounts, and; WHEREAS, a salesman at Mack Sales of South Florida, L.C., had the hydraulic container attachment added to the refuse collection truck without the permission of his company, but at a discounted rate to the City. 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'disburse up to the sum of $2,525.00 to Mack Sales of South Florida, L.C. for the mounting of the hydraulic container attachment. Section 2. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED MAYOR 1995. MACK SALES OF SOUTH FLORIDA, L.C. WINW 76TH A',: 14 1:VW:'.1 "i "} .q $�'' -i?u MIAMI FL 3316E F'W " " +A1.06EACH F.J Xi 30- _883 -650f y".1 W 91 OA FAX 305•98•A-09M FAA 40794a�'}A:; [A. a SOLD TO CITY OF SOUTH MIAMI DELIVERED T0: 4795 SW 75 AVE MIAMI, FLORIDA 33143 "gigL95 T -� 2319 E 324-96 - 8 -54C �� SMYTH I PO NO (irvoIcE NO QUANTITY NEW OR USED YEAR MAKE ENGINE NUMBERISI MODEL HYDRAULIC CONTAINER ( 2,525.00 ATTACHMENT MACK DM688S SERIAL# 1M2B218C8SM00 565 LISTED BELOW QUANTITY YEAR MAKE STOCK NUMBER MODEL VEHICLE ID NUMBER TO BE SETTLED AS FOLLOWS: SUB -TOTAL S L, JLD . UU Deposit Pay OH Trade Allow Transportation Finance Charges Cash EXEMPT Excise Tax Finance Sales Tax TOTAL 2,525.00 87W PLEASE REMIT TO: Filing Fee /Doc Stamps MACK SALES OF SOUTH FLORIDA, LC. Tags & Misc. 6801 N.W. 74th Avenue TOTAL = 2, 525.On Miami, Florida 33166 INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: June 3, 1995 r � r"' _el -die Cox City Manager /t Agenda Item 1110 Re: Comm. Mtg. 07/18/95 Open Purchase Orders to Various Vendors This resolution authorizes the City Manager to issue open purchase orders to various vendors that have been determined to offer the best prices on goods and services that the city uses on a continuous basis. This will facilitate acquisition of items we require frequently and quickly. Telephone bids have determined that these companies offer the most competitive price and /or services to the City. Departments such as Public Works, would benefit greatly from this purchasing method because it would expedite the completion of repairs on vehicles because there would not be a delay time in getting bids on repair parts. In the past, we have had undue delays in getting vehicles back in service- while the mechanics waited for parts. I believe this new procedure will improve the efficiency of our purchasing department as well as the operation of this city. I recommend your approval. a\wm pump RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE CITY MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VARIOUS VENDORS THAT HAVE BEEN DETERMINED TO OFFER THE BEST PRICES ON GOODS AND /OR SERVICES THAT THE CITY USES ON A CONTINUOUS BASIS AND APPROVING THE DISBURSEMENT OF FUNDS TO PAY FOR THESE GOODS AND /OR SERVICES. WHEREAS, as part of its new centralized purchasing procedures, the City Administration wishes to implement an open purchase order system to facilitate acquisition of goods and /or services. WHEREAS, for internal control reason, the City Manager is recommending that the open purchase orders be issued for an amount certain and for a limited time period to any vendor determined to offer the best price on any goods and /or services which the City uses on a continuous basis. WHEREAS, by means of telephone competitive bid procedures the City Administration has determined that the following vendors offer the best prices on their respective goods and /or services and wishes to issue open purchase orders to them. 1) Carrera Motors, 2 ) Genuine Auto Parts (Napa), 3 ) Office Depot, 4 ) Pride of Florida, 5) Tire Kingdom, 6) South Florida Automotive, 7) Wolf Camera and Video. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to issue open purchase orders for the remainder of the current fiscal year to the following vendors in the amount indicated for each of them: VENDOR NAMES CARRERA MOTORS GENUINE AUTO PARTS (NAPA) OFFICE DEPOT PRIDE OF FLORIDA TIRE KINGDOM SOUTH FLORIDA AUTOMOTIVE WOLF CAMERA AND VIDEO Section 2. purchase orders be appropriate by the /Z the disbursement of charged to various Administration. AMOUNT IF 5,000.00 7,500.00 12,000 .00 4,500 .00 7,500.00 7,500 .00 5,000.00 funds to pay for the open accounts determined to be 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 PASSED AND ADOPTED this day of June, 1995. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR F-fo i �n: �Eddie Cox City Manager, Agenda Item if /,3 Re: Comm. Mtg. 07/18/9b Request for Approval to Renew Maintenance Contract This resolution will. approve renewal of the maintenance contract on the Burroughs Computer equipment used in the Finance Department on a "sole source" basis. We have had a contract with AMI Computers for the past three years, I and they are the only company known to offer the services we require due to the fact that this equipment is no longer manufactured. Each year we have made attempts to solicit for competitive bids, but no other company has responded. I conclude, therefore, that no other company is offering this service. Based on this reasoning, I recommend approval of this resolution. alAWcotnputcr 13 f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 w A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER IN THE NAME OF AMI COMPUTERS FOR RENEWAL OF ANNUAL MAINTENANCE CONTRACT ON FINANCE DEPARTMENT'S EQUIPMENT AND APPROVING THE DISBURSEMENT OF AN AMOUNT NOT EXCEEDING $5,500.00 BE CHARGED TO ACCOUNT ## 01- 1410 -4620 TITLED "MAINTENANCE- OPERATING EQUIPMENT ", AS PAYMENT FOR THE CONTRACT. WHEREAS, the maintenance agreement on the Burroughs Computer equipment used by the Finance Department is due for renewal on July 1, 1995. WHEREAS, the City Administration wishes to renew the contract on the basis of "sole source available" with AMI Computers, the only company known to offer the service because this equipment has been discontinued by the manufacturer. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. the City Manager is authorized to issue a purchase order in the name of AMI Computers to renew the annual maintenance contract of the Finance Department's equipment. Section 2. the disbursement of an amount not exceeding $5,500.00 to pay for the contract be charged to account number 01- 1410 -4620, "Maintenance- Operating Equipment ". PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: day of June, 1995. APPROVED: MAYOR T 0: F:rom.�5Eddie Cox City Manager / Ll Agenda Item 1 1� Re: Comm. Mtg. 07/18/95 Street Paving Fiscal Year 1994-95 The attached resolution and documents represent the recommended street paving projects for completion during this fiscal year. The contractor chosen is Miri Construction Company. They have a bid contract with the City of Coral Gables which we can use. The estimated cost of the paving project is $135,440.00. 1) SW 63 Avenue from 72 Street to 74 Street 2) Manor Lane to 64 Court 3) SW 64 Ct from Manor Lane to SW 80 Street 4) SW 79 St from 66 Avenue to Ludlam Road 5) SW 68 Ave from 75 Terrace to Sunset Drive 6) SW 59 Avenue from 73 Street to 87 Street 7) SW 57 Court from 72 Street to 74 Street 8) SW 58 Avenue from 72 Street to 74 Street 9) SW 62 Terrace from 62 Place to 63 Avenue 10) SW 62 Place from 60 Street to 64 Street Funds are available through the Local Option Gas Tax Trust Fund - 2, Fund #12. Street improvement is the designated use for these funds. I recommend approval. '1\,qP-iftg-PW 4 ILI EXHIBIT "A" STREET PAVING FOR FISCAL YEAR 1994 --95 1. SW 63 Avenue from 72 Street to 74 Street 2. Manor lane to 64 Court 3. SW 64 Court from Manor Lane to SW 80 Street 4. SW 79 Street from 66 Avenue to Ludlam Road 5. SW 68 Avenue from 75 Terrace to Sunset Drive 6. SW 59 Avenue from 73 Street to 87 Street 7. SW 57 Court from 72 Street to 74 Street 8. SW 58 Avenue from 72 Street to 74 Street 9. SW 62 Terrace from 62 Place to 63 Avenue 10. SW 62 Place from 60 Street to 64 Street TOTAL ESTIMATED TONS 3386 COST PER TON $40.00 ESTIMATED COST OF JOB $135,440.00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 N RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA , AUTHORIZING THE CITY MANAGER TO DISBURSE UP TO THE SUM OF $135,440.00 TO PAVE STREETS WITHIN THE CITY'S BOUNDARIES AND CHARGE THE EXPENDITURE TO THE LOCAL OPTION GAS TAX TRUST FUND - 2, FUND # 12. WHEREAS, the City of South Miami is responsible for the repair and maintenance of streets within its boundaries, and; WHEREAS, as part of the city's capital improvement policies, the City has identified specific streets which are slated for repaving, and; WHEREAS, the City of South Miami has identified Miri Construction as a local vendor who has the 1995 -96 contract with the city of Coral Gables, which the city of South Miami may utilize to pave the City's streets. 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 disburse up to the sum of $135,440.00 to MIRI Construction under Coral Gables Bid number # for the paving of the identified streets within the City of South Miami. Section 2. The following streets are identified as Exhibit "A ". Section 3. The basic provisions and the prices are covered as exhibit " B " Section 4. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of 1995 APPROVED MAYOR gX(A l r3i t BIDDER /V /A/ "A'-Vr VCFN .J Proposal Page 2A Provide all services, labor, tools, materials and supervision to consti,uct asphalt concrete pavement, sidewalk, curbs and drainage structures at various locations in the City of Coral Gables, Flo�-ila according to the attached specifications. Bid Description Approx. Amount Item t Quantity 1. Construct I" asphalt concrete finish ?, course for the unit price of AT J jd OVA - ca-r"_ dollars & cents per square yard. 100,000 sq.yd.- 2. Construct asphalt concrete level for the ,unit price of dollars '& cents per ton. 3. Construct 111 asphalt Concrete with 611 lime rock base including prime & tack coats for-the unit price of _ dollars & '`'_`._ cents er square yard. 4. Remove and dispose of existing asphalt, scarify existing base a minimum 6 inches deep, install or remove limerock base as needed including prime & tack coats for th dollars & cents per square yard. 5. Construct new 6f1 limerock base for the .unit unit price of dollars & -� cents per square yard. 6. Construct widening strip including compaction of sub grade, restoration of parkway (6L1 slope) and installation of 611 asphalt base for the unit price of dollars & ,43dtnd -_ cents per square yard. a P5. ✓. /�D 000'5 - 5,000 tons Soo sq.yd. 5,000 sq.yd. 41000 / 3.2. S'az 500 sq.yd. 3,,000 .1 500 sq.yd. % d ov To; Mayor and Citymmission ddie Cox FRO City Manager DATE: July 06, 1995 Agenda Item # SUBJECT: Comm. Mtg. 07/18/95 Maintenance Agreement for City- owned'PC Equipment The attached resolution authorizes the City Manager to sign a one - year agreement with AMI computer Services for maintenance of City - owned PC equipment. We contracted with AMI last year for this service. The contract expired June 30, 1995. We requested bids from three (3) other vendors for this service, and found that AMI provided the lowest bid for this service. Therefore, we find it prudent to renew the contract with AMI for the next year. I recommend approval of this resolution. EC /aj RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE CITY MANAGER TO SIGN A ONE -YEAR AGREEMENT WITH AMI COMPUTER SERVICES FOR MAINTENANCE OF CITY - OWNED PC EQUIPMENT AND APPROVING THE DISBURSEMENT FOR THE SERVICE TO BE CHARGED TO ACCOUNT NUMBER 01- 2100 -4635, TITLED "NON- DEPARTMENTAL - MAINTENANCE PC EQUIPMENT ". WHEREAS, the current maintenance agreement on all City -owned personal computer equipment expired on June 30, 1995. WHEREAS, the City Administration believes it is prudent and cost effective to contract for this service on an annual basis, and has now received competitive bids from three (3) vendors to provide the service (see attached). WHEREAS, the lowest of the three bidders is AMI Computer Services for a fee of $4,545.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. the City Manager is authorized to sign a one - year agreement with AMI Computer Services for the maintenance of all City -owned PC equipment. Section 2. the disbursement for this service be charged to account number 01 -2100 -4635, titled "Non - Departmental- Maintenance PC Equipment" PASSED AND ADOPTED this day of June, 1995. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY J ,5- APPROVED: Gary AW P TUN-122-Y00 FR I 16:55 I D: BPRR I STER TEL N0:716-8451-5010 #9=4 P02 City of South Miami Service Proposal QTY Description UIM HD Monitor Floppy Other Monthly Extended Annual Malnt. Monthly Maint. 1 1 486DX2 -68 CLONE Cannon BJC800 8MB 115 +208 Color VGA Printer 1.2 & 1,44.—Mousel Color! 14 4 14 4 168 48 1 Citizen 0$X145 Printer Colorl 4 4 48 1 Clone 286 PC 1 Mb 40Mb Mono 1.2 Mb 8 8 96 1 10kidata M0321 Printer 4 4 48 21CompN 2 Prolinea 4/33 HP Desk et 500C 4Mb 170Mb Color VGA Printer 1.44 Mouse Color 12 5 24 10 288 120 3 HP Desk et 500 Printer 4 12 144 3 HP 41 Laser Printer 7 21 252 2 486DX33 Gateway--, 4Mb 25OMb Color -VGA 1.2 & 1.44 Mouse 12 24 288 1 Lexmark Winwriter 600 Laser Printer 9 9 108 1 386SX16 Clone i Mb 20Mb Mono 380K 9 9 108 1 XT Clone 640K 20Mb Mona 360K 8 8 99 1 Panasonic 2123 Printer 4 4 48 3 Colrado Tape BackuE Trakker 250 5 is 180 1 NEC Pinwriter P5200 Printer 4 4 48 1 12 488DX2 -80 NEC OP35 -001 Multi Term 4Mb 345Mb Color VGA Terminals 1.2 & 1.44 Mouse 12 4 12 46 144 576 1 I IBM PS/2 Mod 40 2Mb 80Mb VGA 8515 1.44 Mouse 10 10 120 1 HP Scan et 3P 8 6 96 3 HP III Laser Laser Printer 10 30 360 1 DTK 386DX25 1 M SOMb VGA Color 1.2 & 1.44 Mouse 9 9 108 1 Panasonic 0 ical Disk 940 Mb LF5010 25 25 300 4 486 DX2 -68 8Mb 248Mb VGA Color 1.2 & 1.44 Mouse 12 48 576 1 IBM 8580 -041 2Mb 40 +60 Color PS2 1.44 Mouse 10 10 120 1 1 Panasonic 4410 Panasonic AG P70 Laser Printer Video Printer `" Need more Information 8 8 0 96 0 1 NEC Multis in 3X CD ROM 4 4 48 1 AST 286 BRAVO VGA Color .4 Aa 1.2 1A�.._� Mouse 49 1 �,{� (0 1 286 Com uadd VGA Color 1.2 8 8 98 1 Panasonic 4450 "inkjet Printer 12 12 144 1 HP Scan et IIP Scanner 10 10 120 1 HP 1200C Color Printer Color 12 12 144 1 Evercom 9SE+ Ext Modem 2 2 24 1 Epson L0510 Printer 4 4 48 1 Prolinea 4133 4Mb 232Mb VGA Color 1.44 Mouse 12 12 144 2 386DX33 Clone 2Mb 40Mb VGA Color 1.2 Mouse 9 18 218 1 HP DIre3ct Print Server Multi- 5 5 60 Protocol T01014 488 5868 1. Barrister will provide the City of Miami with a four Hour response time during the principal period of maintenance. 2. When repair of a personnel computer requires an extended time for repair Barrister will provide the City of Miami with a loaned of equal or greater capacity until the original unit Is repaired. /S`� Paris 1 of 1 DRTH z,'YSTEMS City of South Miami 6130 Sunset Dr, South Miami, Fl. 33143 Allicla Johnston Dear Ms Johnston; TEL : 1- 305 -66-6 92 7 2 3u. l Q? 95 11 '20 rdo . C,01 F' 01 ,65z�Q oA�Nza fD2 LLaw LBava,, zw ?Aa ainam,, mQ) uai( wma) Uaa a6!5-.nf2ti cf (bvD -ouz m June 29, 1995 Ph 663 -6343 Fax 663 -6346 Thank you for the opportunity to quote on the computer services we discussed earlier. Our Full Service Comprehensive Maintenance Contract includes: • All parts and labor • Same day service Two (2) checkups / clean ups on all units each year ® On site service • Free loaner units The total annual charge for the equipment listed in your fax to me would be $763.00 per month. There is no deposit required and we can began any time after our preliminary inspection. IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO CALL ME. Sincerely Michael Messina, Vice President, DSM m D A b s !A P D 0 c D mm z 1 O z m m z _i O Z OOP v to m n o ► *-4 w -1 z r, c m En cn m4 c :0 ►r 3 4C 1-4 r m 3 w w s W y 0� r� lli t4.'. D Z" ili --i O N 01 <D Z (D Q' n C/) O v N :-4- Cn � C O N o W o00 QQ w3 CD � -n al �57 Cn V Q c W 00 W Op mi Epi D is O W C. z f z c m m m W a m o m �+ D -n cn m _ c3 m C7 t" ojc M r{Urrrrrrrrrrrr c m Q m $ q xw0mmxx"vnaZ"OX1 M V m -1 "D oD O M c V 'D D O cn m n a ra m { m no mmEn,m zz-- 40zz3� WD-. - 1- 40. '0 0 aoI--cnav as O D R) 0 —D— wnzr)ro nmcromCOCO.0 m Z Gm cr mwc O&DODWCOOM °m x mq�rm r-2Mzz004r zz m O z C'7 0 -1r-;0 •a mn 03"ClC7 z vz n 0 0Cn0 n -1 roavm co c 4 -- ixmzr- -Go 'D m 1-o m m m M I -$ G r- " .o, m e .-. 0 a: m nz uj :v - U') Z O "Ln OZmr9 a -G �� E-Zi Da�vGn13 xm n norm C: t \m mm m w zc, a c 3 v 3 W O (n m Z Ln m w °m m p °I z 70 2 m ;0 C C Z C�7 m m N, z mm r D m Om Z e �' ® z m o`O+ 2 { D O C G m Z (D r -t- EA D Cl) m � 9 0 x m � z o�+ o ro m a0 p � D � m C11 0 z rD- D ro 19 < O < Ul O Clt m .�D G UI C z m Z 3 mx/,•46. 9 m m D mm z 1 O z m m z _i O Z OOP v to m n o ► *-4 w -1 z r, c m En cn m4 c :0 ►r 3 4C 1-4 r m 3 w w s W y 0� r� lli t4.'. D Z" ili --i O N 01 <D Z (D Q' n C/) O v N :-4- Cn � C O N o W o00 QQ w3 CD � -n al �57 Cn V Q c W 00 W Op mi Epi D is O W C. z f z c m m m W a m IWIV 6175 N.W. 167 Street, Suite 38 • Miami, Florida 33015 Telephone (305) 826 -0160 • Fax (305) 557 -5980 SOLD CITY OF SOUTH MIAMI SHIP SAME AS SOLD TO TO 6130 SUNSET DRIVE TO SO. MIAMI FL 33143 ATTENTION: ATTENTION: ACCOUNT NUME 303 TERMS PURCHASE ORDER NUMBER CUSTOMER NUMBER SALES- PERSON SHIP VIA ORDER DATE INVOICE DATE if EFFECTIVE DATE 303 1 06/29/9 06/29/95 1 QUANTITY SHIPPED DESCRIPTION UNIT PRICE NET 1 OKIDATA 321 PRINTER 2 COMPAQ PROLINIA 4/33 2 HP DESKJET 500C 3 HP DESKJET 500 3 HP LASERJET 4I 2 GATEWAY 486DX -33 1 LEXMARK WINWRITER 600 LASER 1 386SX 16 CLONE 1 XT CLONE 1 PANASONIC 2123 3 COLORADO TAPE DRIVES 1 NEC PINWRITER P5200 1 486DX -2 60 PC 12 NEC OP35001 TERMINALS 1 IBM PS /2 MODEL 40 1 HP SCANJET 3P 3 HP LASERJET III 1 DTK 386/25 1 PANASONIC OPTICAL DISK 4 486/DX2 66 (Continued) SALES TAX TOTI THANK YOU FOR YOU'; ORDER., . PLEASE PAY / .v iorm 6175 N.W. 167 Street, Suite 38 • Miami, Florida 33015 Telephone (305) 826 -0160 • Fax (305) 557 -5980 SOLO CITY OF SOUTH MIAMI SHIP SAME AS SOLD TO TO 6130 SUNSET DRIVE TO SO. MIAMI FL 33143 ATTENTION: ATTENTION: ACCOUNT NUME 303 TERMS PURCHASE ORDER NUMBER CUSTOMER NUMBER SALES- PERSON SHIP VIA ORDER DATE INVOICE DATE IF EFFECTIVE DATE 303 1 06/29/9 06/29/95 1 QUANTITY SHIPPED DESCRIPTION UNIT PRICE NET ANNUAL COMPUTER MAINTENANCE AS LISTED: B20 HARDWARE: 1 UNISYS B29 CPU 1 UNISYS M4 20MB /FLOPPY MODULE i 40MB EXPANSION MODULE 1 40MB EXPANSION MODULE W /CONTROLLER 1 TS -1 TAPE BACKUP MODULE 1 UNISYS D1 12" DISPLAY 1 UNISYS B20 KEYBOARD 6 UNISYS B25 WORKSTATIONS 1 UNISYS AP 1351 -1 PRINTER 2 UNISYS AP1305 PRINTERS 1.00 TOTAL B20 HARDWARE 5450.00 PC HARDWARE: 1 486/DX -2 66 CLONE 1 CANNON BUBBLE —JET C600 1 CITIZEN GSX -145 1 CLONE 286 PC (Continue SALES TAX TOT( THANK YOU FOR YOUR ORDER . . . PLEASE PAY C-- :]E TY O F S OUTH M= AM = INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Eddie Cox City Manager W Date: July 10, 1995 Agenda Item # /& Re: Comm. Mtg. 07/18/95 Forth of July Donation The Parks and Recreation Department received donations from the business community to help offset some of the costs associated with the Fourth of July Celebration. $1,200 was donated and used to pay for sound and lighting. I recommend approval. a \4thjuly RESOL[Y."[1,1 - ON 11..._....._......._..__. ­­­­­_� _ .......... ­­­.._._­ . . . . ..... ­, . .... ....... 1ZESOLUTION OF '1`11B MAYOR AND CI1`Y COMMIESSION OF '111E C11' Y r }/Li( SOUTF1 M.I.AMI, F1_,OR,_11)A, 1,)ATIONS TO OFFSET _.PH E, OF' THE F'OUR."I'll OF' J13J,` CELEBRIPIi'..PION OF 200 00, /\ND P,1JTF1O1_1_Z_11qC 'I'll C_ TY MANA-G,!.:iJ,) :CO DISBURSE TF[E SUM OF $-1,200.00 1-?1ZOM ACCO'0N`1` :1\J1UM'.131_i:]:Z 100, "DONNTION. " WHEREAS, each year the City of South MJ..ami ,, , " - sol- Fourth of July event; and WHERE1%,S, monies were, donated to help offset I.,.,.he c.,,,ost o:[:. this event; and WHEREAS, r1lese MOIELCS were used. :["or ,, o-tAxid &: NOW THEREFORE, be it RESOL\/ED by -I.--he MAYOR AND CITY COMMISSION of the CITY OF SOUTH MI,.,A.MI, 1"LORIDA: Section. 1. The City Manager, ],,,)e, and is hereby authorJ..zed to disburse -tip to the sum of $1, 200. 00 from account 1.31- 1.00 pending receipt of additional Wnj.E S from outside donations t�:.o pay for cost incurred during rhis Celebration. Section 2 . That this •esolution. shall- be f e C t i V immediately and after adoption Ilereof. PASSED AND ADOPTED 'this .ATTEST - CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY 116 day of J11.1-Y, 1995. Al...'PROVED MAYOR C� : \WT)doc',\4 t h d or) aL io. , q (DIP INTER-OFFICE MEMORANDUM pp, To: Mayor and City Commission ddie Cox d d : - � City Manager Date: June 3, 1995 Agenda Item I/ '7 Re: Comm. Mtg. 07/18/95 Promotion of the Downtown Business District This resolution authorizes the City Manager to disburse $6,000 to the Red/Sunset Merchants Association for promotion of the downtown business district. This amount is authorized in he 1994-95 budget. I recommend approval of this resolution. a\pwmodowat 117 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 N RESOLUTION NO. A RESOLUTION OF THE MAYOR ARID CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $ 6, 000. 00 TO THE RED /SUNSET MERCHANTS ASSOCIATION AS 1994- 95 CITY'S CONTRIBUTION TOWARDS PROMOTION OF DOWNTOWN BUSINESS DISTRICT AND APPROVING THE PAYMENT TO BE CHARGED TO ACCOUNT NUMBER 01- 1100 -9900, TITLED "CONTRIBUTION- SPECIAL EVENTS ". WHEREAS, the 1994 -95 budget includes funding for promotion of Downtown Business District. WHEREAS, by means of attached letter and supporting documentation, the Red /Sunset Merchants Association is requesting for 1994 -95 City's contribution towards promotion of Downtown Business area. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. the Red /Sunset Merchants Association request is approved for payment. Section 2. the City Manager is authorized to disburse the sum of $ 6,000.00 to Red /Sunset Merchants Association. Section 3. the disbursement is to be charged to account number 01- 1100 -9900 titled, "Contribution - Special Events ". PASSED AND ADOPTED this day of June, 1995. 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F IDA 33143 � �y _ Js t -1 FOR _ 11000 268.5��' x:06 0 58 7 3i:11 0 1. 00,840 S gill ,1 ' 0 000I1 2688 RED /SUNSET MERCHANT'S ASSOCIATION, INC. 670 1 PAY ORDER OF 19z s ,• 110" DOLLAR: FIRST TIONAL BANK 3' MIAMIZE - OU IAM . - ORIDA 33143 A Ez + sJ FOR _- M �- uu c e01P11- l.0 e r'uu !od 'r .n'u 6 uuti 4u 4 yn• X1100000 SOOOOI1' /1 2686 RED /SUNSET MERCHANT'S ASSOCIATION, INC. 63 -5871 670 19 PAY ✓ a 40 TO THE ORDER OF DOLLAR: FIRST NATIONAL BANK OF SOUTH MIAMI y� SOUTH MIAMI. FLORIDA 33143 FOR 11100 2686►'' ':06 700 58 7 3':11'0 L 00840 911' "30 00 RED /SUNSET MERCHANT'S ASSOCIATION:, INC. m FEED /SUNSET MERCHANT'S ASSOCIATION, INC. ri 2678 63 -5871 670 PI' �_ DOLLAR: 3 2684 19 670 �® DOLLAR Wro■ �.6s7 2687 RED /SUNSET MERCHANT'S ASSOCIATION, INC. 001 N 2 670 1 1 PAY , a . _ TO THE ORDER OF $ �aoL �` ydUt� p�dl1t { FIRST NATIONAL B K ; G 00 SOUTH MIA I TH MIAMi. 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The City submitted an application to OCD for additional funding for this project, and it was recently approved. This resolution would simply approve the amendment to fund and implement the Tree Planting Project at the new funding level. I recommend approval. e 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 ENTER AN AMENDED CONTRACT WITH THE DADE COUNTY OFFICE OF 5 COMMUNITY DEVELOPMENT TO PROVIDE TREES AND RELATED STREET 6 MODIFICATIONS IN THE COMMUNITY DEVELOPMENT AREA DURING 7 1995. FUNDS FOR THIS PURPOSE WILL BE PLACED IN ACCOUNT 8 NO. 14- 0330.100; "INTERGOVERNMENTAL REVENUES COMMUNITY 9 DEVELOPMENT GRANT FUNDS." 10 WHEREAS, the City of South Miami submitted an application to 11 the Dade County Office of Community Development (OCD) for funding 12, of the Tree Planting Project which was approved. The Commission 13 desires to accomplish the objectives as outlined in the scope of 14 services; and 15 WHEREAS, the City's request for additional funds to increase 16 the number of trees, provide for sidewalk cutouts and street 17 modifications has been approved in the amount of $55,000.00. 18 WHEREAS, the City Administration now requests the approval of 19 the City Commission to execute an amendment to the contract to fund 20 and implement this project. 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 Section 1. That the Mayor and City Commission of the City of 24 South Miami do hereby endorse and authorize a contract amendment 25 with Dade County Office of Community Development for the Tree 26 Planting Project in the amount of $55,000.00. 27 28 29 30 31 32 33 34 35 36 37 PASSED AND ADOPTED this day of July, 1995. APPROVED: ATTEST: Ronetta Taylor, City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop, City Attorney Neil Carver, Mayor a\T= AMENDMENT ONE TO FY 1995 CONTRACT BETWEEN METROPOLITAN DADE COUNTY AND CITY OF SOUTH MIAMI The FY 1995 contract between Metropolitan Dade County and the City of South Miami executed on January 31, 1995, is amended as follows: 1 Section III, The County Agrees: Subjects to the availability of funds, to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed $429,000. 2. Attachment A is amended as indicated in amended Attachment A. 3. Attachment B is amended as indicated in amended Attachment B. The effective date of this Amendment is January 1, 1995. Except for the changes enumerated above, all other provisions of the contract shall remain in force and effect. This Amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF the parties agree to the mutual covenants herein contained and have caused this eight (8) page Amendment to contact to be executed on their behalf this day of 199. CONTRACTOR: METROPOLITAN DADE COUNTY City of South Miami BY: BY: NAME: Neil Carver TITLE: Mayor DATE: ATTEST BY: TITLE: DA CORPORATESEAL NAME: Armando Vidal, P.E. TITLE: County Manager ATTEST BY: TITLE: Clerk. Board of County Commissioners THIS AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES Attachment A City of South Miami FY 1995 January 1, 1995 - December 31, 1995 Scope of Services National Objective: Low and Modereate Area Benefit CDBG Eligible Activity and Regulation Subsection * : Public Facilities and Improvements (PFI #2):570.201(c). Title of Activity and Specific Name of Project: Tree Planting Project Goal III-- To expand the area canopy by increasing the number of trees on public land and improve the appearance of the area. Objective:- To enhance the quality of life for the area residents through a plant beautification program which will include planting of 695 trees (144 -Live Oak, 124-- Mahogany, 89 -Royal Palm, 114- Tabebuia, 134 -Royal Poinciana and 89- Green Buttonwood) along side S.W. 59th Place from S.W. 62nd Street to S.W. 70th Street, from S.W. 62nd Avenue to U.S.1, S.W. 64th Street from 62nd Avenue to S.W. 57th Avenue. Action step$: a. Meet OCD Pre -Bid requirement b. Prepare bid, select, and contract consultant for site selection process. TIMELINE: January 1995 - February 1995 C. Prepare bid, select, and contract for purchase and planting of trees. TIMELINE: February 1995 - March 1995 d. Conduct "adopt a tree" campaign in area. TIMELINE: June 1995 - August 1995 e. Designate and complete specified sidewalk cutouts. TIMELINE: June 1995 - August 1995 f. Conduct preconstruction conference g. Initiate tree planting in designated locations. TIMELINE: April 1995 - August 1995 h. Tree maintenance schedule implemented. TIMELINE: September 1995 i. Provide tree maintenance training to the City of South Miami Public Works personnel. TIMELINE: October 1995 - December 1995 j. Contact completion /closeout, ie, release of TIMELINE: December 1995 ro � H En w co M w w � g a. m C o a. a rt tD o a. rt '� O N r-h F, m w W rt M w O rt CL w an rrr a. We 0 Orr N O O Ln Ln N Attachment B C- a c fD 00 � r Co j C N° Co oe 1 � U) O CO�CO M Ln(CD n a D v, CCD : - M P. G rt Cn N• O 0 W O I-" G (9 rn \ �O Ln s v C7 t} O o m -I O ,_w ° 3 m - O ni CC O ( � O 0 = � Cn rn -a — m c(o � N -� CD • C CD m 0 CD W cn -o CD c ;� rr W N N N O C n CD CD Cn C) O O N O O O O O 3 � < -Ea .� 64 30 CD n CAC -Gq O {�} O N OJ Co U1 O '9 O O O O O N j Q° c Cr <� N ffl 64 64 W CD n O O Ut N U7 N � 00 v W CD O O O O CD Co O O O w N C CL C Cr < 69. 613, CA) 3 w A A -C4 O O O Ln J O O CP O to O � � W W o. 64 6q 613� DO 20 00 N O O U Co O N CJl Cn �1 Cn O O N CD =? 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Mtg. 07/18/95 Upgrade of Lighting SW 64 St from SW 62 Ave. to SW 69 Ave. Under my directive, the Public Works department obtained information on upgrading the lighting on SW 64 Street from SW 62 Ave. to SW 69 Ave. The estimated cost is $6,200.00. This includes installation of (11) 150 watt, 16,000 lumen lamps and removal plus salvage of the existing eleven (11), 70 watt, 5,800 lumen lamps. If additional lamps are necessary, then FPL will install them at no additional cost on the existing poles. The cost for this upgrade can be paid from the Local Option Gas fund -2, #12. This upgrade will result in an additional monthly charge of $66.00 which shall be reflected in the estimated cost for street lighting during the next fiscal year. I recommend approval afthtuig.pw 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 , AUTHORIZING THE CITY MANAGER TO DISBURSE UP TO THE SUM OF $6,200.00, TO UPGRADE THE STREET LIGHTS ON SW 64 STREET, FROM SW 62 AVENUE TO SW 69 AVENUE AND CHARGING THE EXPENDITURE TO THE LOCAL OPTION GAS TAX TRUST FUND - 2, FUND 912. WHEREAS, numerous citizens are concerned about the lack of lighting on SW 64 street from SW 62 Avenue to SW 69 Avenue, and; WHEREAS, the City Manager reviewed the street lighting situation and directed the Public Works department to determine the cost of upgrading the street lighting along the designated street for his review, and; WHEREAS, Florida Power and Light Company determined that the upgrade of the lights along the designated corridor would cost $6,200.00. 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 disburse the sum of $6,200.00 to Florida Power and Light Company for the upgrade of lights along the designated corridor. Section 2. That the upgrade includes the installation of eleven (11) 150 watt, 16,000 lumen lamps and removal plus salvage of the existing eleven (11), 70 watt, 5,800 lumen lamps., as stated in the attached cost estimate, See Exhibit (A),. Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED . MAYOR 1995 •MAY -30 -1995 15:22 FROM FPLs Comm /Indust- C.Gables TO 0 FPL May 31, 1995 Mr. Clarance Patterson Director Public V` mts Dept. City of South Miami 4795 sw 75 ave. South Miami,Fl 33155 92613791 P.01 Florida Poway b Light COM09 y, P. 0. Box 028311, 11Aiami, ft 33102 -1311 442.5130 g7., 1 agn 0 * = i Re: Cost Esstimaw To Upgrade Street Lights on Sw 64 street from Sw 62 ave to Sw fig ave. Dear Mr. Patterson: This is to inform YOU that the cost to upgrade the street lights at the above refemaced location will be sixty two hundred dollars($6200.00). This includes installation of eleven (11) 150 watt, 1600 lumen lamps and removal plus salvage of the existing eleven(11). 70 wart, 5800 Imen lamps. Should additional lamps be necessary after these am installed then FPL will install them at no cost can the existing poles. The monthly charge for these new 150 watt. 16000 lumen lamps will be.S6.00 each or a total of $792.00 per year. Please let me know whether to proceed with letting our engineering department lcaaw to continue on their design. As usual, any questions please .ve me a call at 552.4058. Sincerely zz4- Lance Balfour Account Mgr. cc: Eddie Cox ... City Manager /7 as FPL Group company TO: City Manager Cox FROM: City Clerk RE: Residents' concerns DATE: April 12, 1995 Eddie: Mr. Holmes, 6351 S. W. 62nd Terrace, (662 -9848) was in City Hall and expressed, to Vice -Mayor Young, his concerns about street lights being out on S. W. 64th Street between 62nd Avenue and Red Road. He also suggested a 'passive park' in the 64th street area where the neighbors can gather and play cards and checkers. /rjw UN z r 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING ADDITIONAL MEMBERS TO THE DEVELOPMENT ACTION COMMITTEE TO SERVE IN SUCH CAPACITY UNTIL JUNE 6, 1996 WHEREAS, Resolution No. 89 -95 -9638, adopted June 6, 1995 established the "Development Action Committee" with the fundamental purpose of implementing the Charrette II Plan; and WHEREAS, the initial members were appointed June 6, 1995, it is now the desire of the Mayor and City Commission to appoint additional members to this committee. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: Michael Miller and Lou Tasch are hereby appointed to serve in such capacity until June 6, 1996. PASSED and ADOPTED this day of , 1995. Attest: City Clerk READ AND APPROVED AS TO FORM: City Attorney Approved: Mayor CITY OF SOUTH MIAMI Inter- Office Memorandum V ------------------------------------------------------------------- To: Ma or & Cit commission Date: July 13, 1995 F ddie Cox 07/18/95 Commission Agenda City Manag Re: # Al :Outdoor Seating /Dining Uses and Areas ----------------------------------------------------------- - - - - -- This ordinance will amend Article VII, Hometown District Overlay, in order to provide regulations for outdoor seating /dining uses and areas, and will provide the City Manager with powers of approval and revocation. It also provides for powers to the Building, Zoning and Community Development Department regarding development regulations and provides for a fee for license. On July 11, the Planning Board met and approved some minor changes in the language: 1. Regarding the second WHEREAS clause that the word "encourage" be added to the ordinance so that the language reads "Whereas, the Mayor and City Commission desire to further amend this ordinance to encourage and regulate outdoor seating /dining use...;" 2. Regarding comments from the discussion, on page 2, line 6, "The permit fee shall be added appended to the occupational license fee for the main business This ordinance includes suggestions from the SR Committee and changes from first reading per motion by the City Commission. I recommend approval. �r 1 ORDINANCE NO. 2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE VII, HOMETOWN 4 DISTRICT OVERLAY ORDINANCE, IN ORDER TO PROVIDE 5 REGULATIONS FOR OUTDOOR SEATING /DINING USES AND AREAS; 6 PROVIDING THE CITY MANAGER WITH POWERS OF APPROVAL AND 7 REVOCATION; PROVIDING FOR POWERS TO BUILDING, ZONING AND 8 COMMUNITY DEVELOPMENT DEPARTMENT REGARDING 9 DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO 10 THE FEE CHARGED FOR LICENSE; PROVIDING FOR SEVERABILITY; 11 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN 12 EFFECTIVE DATE. 13 WHEREAS, the City of South Miami enacted Ordinance No. 19 -93 -1545 which created 14 a new Article VII of the Land Development Code of the City of South Miami, establishing a 15 Hometown District Overlay District; and, 16 WHEREAS, the Mayor and City Commission desire to further amend this ordinance to 17 regulate outdoor seating /dining use; 18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 19 OF THE CITY OF SOUTH MIAMI, FLORIDA: 20 SECTION 1. That Article VII, Hometown District Overlay Ordinance, is amended by creating 21 the following subsection: 22 Sec. 20 -7.29 Outdoor Seating/Dining Uses and Areas 23 A. In addition to the requirements indicated in Sections 20 -7.3 and 20 -7.4, the ADP shall 24 also include the layout of all tables, chairs, benches and other furniture; pedestrian ingress 25 and egress; location of refuse containers; and other elements necessary to illustrate the 26 proposed outdoor seating /dining use and area (all drawings must be titled, indicate 27 orientation, and be at an acceptable scale). At the time of filing, the Applicant must 28 submit the non - refundable review fee of $250. 29 B. Outdoor seating /dining area and use of the public right -of -way may be approved, denied, 30 or approved with conditions, modifications, safeguards or stipulations appropriately and 31 reasonably related to the intent, purposes, standards and requirements of the related 32 regulations, by the City Manager. Such permit shall not be transferable in any manner, 33 and is strictly a conditional use permit, issued for a period of one year, renewable 34 annually. Outdoor Seating Ordinance Page # 1 1 C. The fee for outdoor dining /seating use and area will be waived for the first year of 2 operation of the subject property, and shall be charged annually in the amount of ten 3 dollars ($10.00) per square foot of sidewalk area; the area shall be defined by imaginary 4 border lines including all seating areas and other elements included in the outdoor 5 seating /dining area. The permit fee shall be appended to the license for the main 6 business. 7 D. The applicant shall provide an Indemnity Agreement, which is acceptable to the City 8 Manager. This agreement will include specification of liability insurance provided. 9 10 E. The conditional use permitting of outdoor seating /dining use and area may be revoked by 11 the City Manager upon finding that one or more conditions of these regulations have been 12 violated, or that the outdoor seating /dining area and use are being operated in a manner 13 which constitute a public nuisance, or in any way constitute a liability. 14 F. Outdoor seating/dining use and area may be temporarily suspended by the City Manager 15 for public use /purpose, utility, sidewalk or road repairs, emergency situations or violations 16 of provisions contained herein. The length of suspension shall be determined by the City 17 Manager as necessary. Removal of all street furniture and related obstructions shall be 18 the responsibility of the owner /operator of the outdoor seating /dining. 19 G. Outdoor seating /dining area shall be kept in a neat and orderly appearance and shall be 20 kept free from refuse and debris. 21 H. Outdoor seating /dining use and area shall not interfere with the free and unobstructed 22 pedestrian or vehicular circulation of traffic, public access to any street intersections, 23 crosswalks, public seating areas and conveniences, bus stops, alleys, service easements, 24 handicap facilities or access to commercial establishments. The width and location of the 25 passage is to be determined by the Building, Zoning & Community Development Dept. 26 I. Outdoor seating/dining area shall be open and unenclosed. No building structures of any 27 kind shall be allowed in and over any portion of the outdoor seating /dining area located 28 on public property, except as allowed by Sections 20 -7.7 through 20 -7.11. 29 J. Tables, chairs and all other furniture used in the operation of an outdoor seating/dining 30 area shall not be anchored or restrained in any manner. Individual table umbrellas, 31 planters or other such non - stationary elements may be permitted within the outdoor 32 seating /dining area. 33 K. Outdoor seating /dining use and area shall be restricted to the length of the sidewalk or 34 public right -of -way immediately fronting the cafe and /or restaurant establishment. The 35 utilization of space extending on either side beyond the subject property frontage may be 36 authorized subject to annual written consent provided by the property owners in front of 37 whose properties the outdoor seating /dining service would occur. Outdoor Seating Ordinance Page # 2 1 L. Outdoor seating /dining area shall be at the same elevation as the adjoining sidewalk or 2 public right -of -way. 3 M. Carts and trays for serving food are permitted in the outdoor seating /dining area. 4 N. Outdoor seating /dining use and area shall not be provided with amplified sound of any 5 kind. 6 SECTION 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held 7 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 8 validity of the remaining portions of this ordinance. 9 SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this 10 ordinance are hereby repealed. 11 SECTION 4. This ordinance shall take effect immediately at the time of its passage. WIM 13 14 15 Q 20 21 22 23 zl PASSED AND ADOPTED THIS 18th DAY OF JULY, 1995. ATTEST: Ronetta Taylor City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney Neil Carver Mayor cAwpdocs\p1anning\report95.009 Outdoor Seating Ordinance Page # 3 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Dean Minims, AICP Director of BZCD Dept. From: Slaven Kobola i� Planner RE UEST: Applicant: Mayor and City Commission Date: June 22, 1995 Re: PB -95 -009: Outdoor Seating Ordinance Request: Ordinance amending the Hometown District Overlay ordinance in order to provide regulations for outdoor seating/uses and areas. BACKGROUND & ANALYSIS: The Hometown Ordinance established several pre- approved locations for outdoor dining; however, in reviewing applications for outdoor dining by several restaurants in the Hometown district, the need for an ordinance which establishes guidelines for outdoor dining became evident. This proposed ordinance addresses an important subject matter that is in need of codified guidelines which would be added to the Hometown Ordinance. The proposed regulations have been developed after review of outdoor seating requirements in other municipalities, and have been adapted to fit the City's regulatory environment. Suggestions from the SR Committee, discussed on the meetings of February 27 and June 5, 1995, have been incorporated into the proposed ordinance. Applications for outdoor seating/dining area and use will follow the same procedures as other applications for development (ADP's) in the Hometown District. The proposed fees for outdoor seating application and permit are comparable to ones charged by the City of Miami Beach, and will provide for application review and regular monitoring by City staff, including code enforcement. RECOMMENDATION: Staff recommends that the Planning Board vote to recommend approval of this ordinance. R COMPREHENSIVE PLAN: The proposal is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. APPLICABLE REGULATIONS: Article VII of the Land Development Code. attachments �0 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Dean Minims, AICP Date: March 16, 1995 Director of Building, Zoning & Revisions: 3124195, 3131195, 612195, 616195 Community Development Dept From: Slaven Kobola Re: Outdoor Seating /Dining Ordinance Planner Please find below the revised outdoor seating/dining regulations to be amended to the Hometown Ordinance. The revisions include remarks and suggestions expressed during the SR Committee meetings on February 27, 1995, and June 5, 1995, as well as ones which we found applicable in our discussions about this issue, and as outlined in my previous memoranda, dated 2/10, 2/27, 3/8, 3/13 and 3/15, 1995, and memorandum revised by Bill Mackey, 6/2/95. The regulations are provided in the ordinance format, ready to be submitted to the City Commission. As I tried to make this regulation "simple" and ready for implementation as soon as possible, I did not diverge into code enforcement and other issues that may be involved, but rather left these issues to be covered by existing regulations. Consequently, some of the issues addressed by the SR Committee, like the minimum width of pedestrian passage, is contained elsewhere in the Hometown Ordinance and /or other applicable code(s). In addition, the suggestion by the SR Committee for regulation #10 to read: "Tables, chairs and all other furniture used in the operation of an outdoor seating/dining area shall not be anchored or restrained in any manner. Individual table umbrellas, planters or other such non - stationary elements may be permitted wi4hiii the etAdeer- seatifiedkiing area, pfeyiding that they de net ," that is, to omit the portion is to be decided by the City Attorney. If we decide to expand and /or amend the other related regulations, I suggest the revision of licensing and code enforcement regulations. Considering the code enforcement regulations and fines, I believe that the regulation by the City of Miami Beach, Article VI, Section 39-40, page 12 may be considered as a template. Sec. 39 -38. Appeals from the Decision of the Director of Special Master. Appeals from decisions of the Director made pursuant to this Article shall be to the Property Maintenance Standards Appeals Board in accordance with the procedures set forth in Section 17B- 17 of the Miami Beach City Code. Appeals from the decisions of the Special Master or Property Maintenance Standards Appeals Board shall be to a court of competent iurisdiction by petition for writ of certiorari Sec. 39 -39. Enforcement of Article by Code Inspectors) Notice of violation If a code inspector as defined in chapter 9B of the Miami Beach City Code finds a violation of this Article said inspector shall issue a notice of violation to the violator as provided in chapter 9B. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paving the fine, notice that the violation may be appealed by requesting an administrative hearing within twenty (201 days after service of the notice of violation and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearin Sec. 39 -40 civil Fine for violators. The following civil fines shall be imposed_ for violators of this Article: First citation 3100 fine Second citation = $250 fine (within a 1 year period) Third citation = $500 fine (within a 1 year period) See. 39 -41. Rights of violators; payment of fines right to appeal; failure to pay civil fine or to appeal (1) A violator who has been served with a notice of violation shall elect either to- IL fNl 12 '01� REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 who work for the City, these individuals have to use their time and energy to get the project completed. He commented there are a lot of things the City should be and could be doing but is not. Mayor Carver further said the computer system is long over due and he is glad to see that the City is finally going to get an efficient and appropriate computer system. vote. There being no further discussion the motion passed by a 5 -0 Vice Mayor Young: Yea Commissioner Cooper: Yea Commissioner Bass: Yea Commissioner Cunningham: Yea Mayor Carver: Yea ORDINANCES) -FIRST READING An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Article VII, Hometown District Overlay Ordinance in order to provide regulations for outdoor seating /dining uses and areas; providing the City Manager with powers of approval and revocation; providing for powers to Building, Zoning and Community Development Department regarding Development Regulations; providing for an amendment to the fee charged for license; providing for severability; providing for ordinances in conflict, and providing for an effective date. Moved by Commissioner Cooper, seconded by Commissioner Cunningham to approved this ordinance for first reading, with consideration for second reading after being reviewed by the Planning Board. Manager Cox informed the City Commission that the administration supported the adoption of this ordinance. He said this ordinance has been before the SR Committee on two separate occasions. The Committee's membership which includes mostly property and merchant owners in the downtown area provided both insight to strengthen this ordinance and valuable information to assist the administration. 22 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 Manager Cox explained that the only area where the administration differed with the SR Committee was the establishment of a fee of ten ($10.00) dollar per square feet after the first year. Manager Cox said during the last SR Committee meeting this fee recommendation was dropped to five ($5.00) dollar per square f eet . Manager Cox said after doing a substantial amount of research, the administrative cost involved and the additional enforcement, he and the administration still supports the ten ($10.00) per square feet fee. Mayor Carver inquired as to whether or not, there will be a charge at inititial beginning, or if after the first year the $10.00 per square feet fee would be implemented. Manager Cox replied it would be implemented after the first year. Commissioner Cooper conveyed that during the SR Committee meeting there was a lot of discussion and debate regarding the fee. He said the Committee did realize that the $10.00 fee was competitive and perhaps even an advantage over most other communities. Commissioner Cooper said the SR Committee's discussion to reduce the fee centered on the fact that this was such an important issue and the City should be making a supreme effort to encourage this type of development in that area. Commissioner Cooper expressed that the Committee members felt that the five ($5.00) fee would not be an unusual lost to the City. He gave an example: if a site had an area for tables of roughly 101x30' or 300 square feet, at $10.00 per square feet the income for the City would mean approximately $3,000, and half of this would be $1,500." He said the difference in income to the City would be approximately $1,500 per year. Commissioner Cooper communicated to the Commission that there was a lot of discussion regarding page 2 of the memorandum from Mr. Mimms, and the Committee decided to turn this over to the City's Attorney to ask for his recommendation on it. He said their concerns had to do with the language which appeared in ordinances from other cities, but the Committee was not sure what this language has to do with the City of South Miami. 23 r�'1 REGULAR CITY COMMISSION MINUTES ° JUNE 13, 1995 Attorney Gallop advised that the language which provides for the outdoor seating to be provided to the general public could be deleted, this would devote the public area to a specific use. Attorney Gallop said this use by the public would be limited- to the patrons of the out door seating. He said the City did have the power to restrict the use of public property for specific purposes and deleting this language would not impede with a person's first amendment right to association, or improperly limit the use of public property. Commissioner Cooper asked if Attorney Gallop was recommending that the text in question be deleted. Attorney Gallop. said his recommendation is that the Commission has the power to delete the language if it so desired. Moved by Commissioner Cooper, seconded by Vice Mayor Young to delete from page 2, paragraph 10, line 27 of the ordinance, the wording "providing that they do not restrict or discourage free use of tables or chairs by the general public10. Mayor Carver agreed with the deletion of this language, And said a restriction should be in place Vice Mayor Young asked for clarification on the amendment. Mayor Carver explained the amendment will mean that the establishment can restrict the free use of the tables and chairs by the general public. Vice Mayor Young asked about the scrivener's error on the agenda as opposed to the title of the ordinance (dinging instead of dining) . Attorney Gallop said there were a lot of corrections and modification in the nature of scrivener's changes which needed to be made to this ordinance. He said he'd like to make these changes before the document comes back to the Commission for the second reading. He said the corrections would not change the meaning of the ordinance, nor require any further hearings as a result of the changes. 24 REGULAR CITY COMMISSION MINUTES - JUNE 13, 1995 There being no further discussion regarding this amendment, the motion passed by a 5 -0 vote. Commissioner Cooper: Yea Vice Mayor Young: Yea Commissioner Cunningham: Yea Commissioner Bass: Yea Mayor Carver: Yea A motion was made by Commissioner Cooper to change the fee per square feet, after the first year from ten ($10.00) to five ($5.00) dollars. This motion died for a lack of a second. Mayor Carver expressed that this fee is certainly less than what any one has ever paid for a space in this area. Mayor Carver said the City did not need to give away its property especially since the Commission had just voted to restrict the use to patrons only. Commissioner Cooper supported the $10.00 fee by saying that this fee was very reasonable and the City will be making a very loud statement to the business community that the City is really trying to encourage the development of the outdoor /dining concept. Mayor Carver remarked that he did not believe the $10.00 fee will discourage anyone from this development concept. vote. There being no further discussion the motion passed by a 5 -0 Commissioner Cooper: Yea Commissioner Cunningham: Yea Commissioner Bass: Yea Vice Mayor Young: Yea Mayor Carver: Yea PUBLIC REMARKS: Mr. Chris Hansen of 6611 SW 78th Terrace appeared before the City Commission to notify them that this would be his last 25 I. E � r M I N U T E S P L A N N I N G B O A R D TUESDAY, JULY 11, 1995 CITY COMMISSIONERS' CHAMBERS 7 :30 PM Call to order and the Pledge of Allegiance to the Flag of the United States of America. II. Roll Call. PR J S. G. P. O. C. ESENT ABSENT Lefley K. Zeller Basu Illas Eisenhart Kerr Thorner Also present: Dean L. Mimms, BZCD Director; Bill Mackey, Planner; David Struder, Secretary. III. Public Hearings: Applicant: Mayor and City Commission Request: An ordinance amending the Hometown Overlay Ordinance, in order to provide regulations for outdoor seating /dining uses and areas. Heading: An ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Article VII, Hometown District Overlay Ordinance, in order to provide regulations for outdoor seating /dining uses and areas; providing the City Manager with powers of approval and revocation; providing for powers to Building, Zoning and Community Development Department regarding development regulations; providing for an amendment to the fee charged for license; providing for severability; providing for ordinances in conflict; and providing for an effective date. Ms. Thorner read the request. Staff confirmed that they would respond to a series of concerns Mr. Lefley presented in his opening remarks. Staff presented their report by stating that the proposed ordinance: PB Min 7/11/95 1 1) provides an effective means for regulating outdoor dining not furnished by the Hometown Plan; 2) satisfies the City's intent to encourage outdoor dining as envisioned by the Hometown Plan; 3) provides the public with reliable information as to what is permitted by and with outdoor dining. Staff recommended approval of the proposed ordinance and responded to Mr. Lefley's concerns as follows: 1) verified that Regulation no. 10 contained in staff's inter- office memorandum dated March 16, 1995 was incorporated as item J of the proposed ordinance; 2) affirmed that the strikeout portion involving regulation no. 10 of the said memorandum was clarified at an earlier date; 3) regarding item A, lines 27 and 28 of the proposed ordinance, stated that the non - refundable review fee of $250.00 would be charged for each re- application, particularly when another full review is required; 4 ) concerning item C, line 3 9, confirmed that the language can be proposed to read as "The permit fee shall be added to the occupational license fee for the main business." A lengthy discussion then ensued among the Board and staff in regard to item D, lines 1 and 2, of the proposed ordinance. The Board suggested that the language be expanded for specificity, (e.g., a minimum amount be stated for insurance; a rated insurance company be required for the policy, etc.). Mr. Basu remarked that a certain amount of flexibility should remain in the language, in order that each case may be analyzed individually for risk factors. Staff stated that, based on prior experience, a hold harmless agreement and specification of the City as certificate holder are generally included in the insurance documentation provided by the applicant to South Miami. 5) clarifying item J, line 26, stated that these "elements" are not required, but "may be permitted," under the City's permissive code; 6) referencing item N, line 36, stated that the language ensures that amplified sound is not permitted in the outdoor seating /dining area. Public Hearing was opened. PB Min 7/11/95 E Ms. Susan Redding, of 7930 SW 58 Court, signed in and spoke in reference to the importance of an insurance company's rating, a concern that was raised by the Board. Ms. Redding commented that an insurance "pool" exists for purposes of compensation in the event a Florida - licensed insurance company fails. Mr. David Tucker Sr., of 6556 SW 78 Terrace, signed in and spoke before the Board. Mr. Tucker stated that the "intent" of a message to the public is of great importance, and emphasized that the proposed ordinance represents the. best intent of the City to protect and serve its business owners and citizens. There being no one else present wishing to speak, public hearing was closed. Mr. Lefley stated for the record that both he and Mr. Basu are members of the City's SR Committee, a committee whose input was incorporated into the proposed ordinance. Mr. Basu remarked that the proposed ordinance is "workable," and that it contains many of the SR Committee's suggestions and comments. Mr. Basu further stated that the fee for outdoor dining /seating use, as outlined in item C of the proposed ordinance, represents a "viable option" for the establishments' financial concerns in that the charge is waived for the first year. Mr. Lefley stated that the review fee, as contained in item A of the ordinance, is reasonable, and that he was "adamant" during negotiations that it be retained in the final language. Mr. Eisenhart commented that restrictions in use of public areas represent a "double -edged sword" to the City. Mr. Basu responded that these limits benefit the public in a "larger sense," in that such restrictions help shape an atmosphere and environment the public will enjoy in an area such as the Hometown District. Mr. Kerr suggested that the word "encourage" be added to the ordinance, so that the language reads ... "Whereas, the Mayor and City Commission desire to further amend this ordinance to encourage and regulate outdoor seating /dining use ".... Mr. Kerr moved to approve the proposed ordinance, inclusive of suggested amendments to the language. Mr. Eisenhart seconded the motion. Vote: Approved: 6 Opposed: 0 PB Min 7/11/95 � 1 3 Upon the close of the vote, Mr. Basu suggested that item F, line 11, "street furniture," should be amended for specificity. IV. Approval of the Minutes of March 28, 1995 (EAR Workshop) Meeting. Motion: Mr. Basu moved to approve the Minutes of March 28, 1995, as read. Mr. Kerr seconded the motion. Vote: Approved: 6 Opposed: 0 V. Remarks Workshop for Planning Board members /commissioners: Mr. Kerr suggested that the City underwrite the cost, i.e., pay registration fees, for attendance of its Planning Board members /commissioners at the FPZA workshop to be held in October 1995 in Miami Lakes. Motion: Mr. Kerr moved that the City consider budgeting the cost of its Planning Board members /commissioners to attend the FPZA workshop in October 1995. Mr. Basu seconded the motion. Vote: Approved: 6 Opposed: 0 Future schedule for Planning Board: Staff was requested to draft a new schedule for Planning Board, in order to avoid schedule conflicts with the City Commission. VI. Adjournment. Chairperson PB Min 7/11/95 -1 Secretary 4 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Wllllams, who on oath says that she is the Vice President of Legal Advertising of the Miami Dally Business Review fikia Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami to Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING JULY 18, 1995 RE: ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AMENDING ARTICLE VII, ETC. In the ...... .....XXXXX ..................... Court, was published In said newspaper In the Issues of Jul 6, 1995 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has nelnsco d nor promised any person, firm or corporation any nt, reb ate, commission or refund for the purpose of g this gfivertisement for publication in the said kWillams om to and subscribed be me this 6 J ,„._ 95 ......... ..... D. 19. '1 1 E. PJ/1, (SEAL'.�ICT1°t�i:� PMUBLIL STATE OF FLORID CONIMIZ1f3?: NO. CC 172108 Sooklaliy known to %tY C0X4MIgSTnX7 h7v0 1Alst Y ^K CI Y OF SOUTH MIAMI . NOTICE OF PUBLIC _ the ZT z�{�ROVIDING FOR AN AMENDMENT'TQ THE FEE CHARGED F LICENSE; PROVIDING' SEVER - `ABILITY; PROVIDING FOR ORDINANCES DiXONFLICT. AND PROVIDING FOR AN EFFECTIVE DATA. nteres diare invited at to attend aria Df a said o viewed in ar to office of i Monday F� duri afer hou this >e = should be dttched"iiddng and following da`tI!cxftied ' &&A,- ride which was givers ffrst , readfn 'fort June 13;X995' .AN ORDWANCE.; OF:;---,T-HE- MAYOR AND _ CITY _ COMM ISSION OF --THE - CITY I OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE VII, H0MEfOWN DWR1CT, OVER- LAY ORDINANCE IN ORDER TO PROVIDE REGULATIONS FOR- OUTDOOR SEATING/ . ­-DINING USES AND AREAS; PROVIDING THE CITY MAN- AGER WITH POWERS OF APPROVAL.. _AND RijO- ,z CATION; PROVIDING .°F O POWERS TO' BUILDING, -BONING- AND - comMUNiTIf DEVELOPMENT DEPART VENT REGARDING -DEVEL- OPMENT REGULATIONS; rim _ e 1pedt Cry of south Milano 7-4 �s ^y� . Pursuant toFlbrida Statute 286.0105, the City hereby advises the public that if a person decides to appear. any dedsion made by this Board, Agency or Commission with respect to arty matter consid- ered at its meeting or tteanng, he or. she "will. need. a' 4ebord of the proceedings, and that for such pur- pose, affected person may need to ensure that a verbatim moons of -'the proceedings is made which re- cord includes the testimony and evidence upon which the appeal is to be based. _ 7/6 z �.- 95$070611M.- CITY OF SOUTH MIAMI ® INTER- OFFICE MEMORANDUM To: Mayor & City Commission Date: July 11, 1995 Director of BZCD Dept From: Eddie Cox City Manager REQUEST: 07/18/95 City Commission Agenda Re: Item -A3 Med- Investments, Inc. Speciai Parking Permit (Metrorail) Applicant: Med - Investments, Inc., represented by J. Wil Morris Request: Special Parking Permit for Metrorail Usage Considerations, pursuant to Section 20 -4.4 (H) of the City's adopted Land Development Code, in order to permit a reduction of forty percent (40 %) in the number of required parking spaces, where 86 parking spaces are required for medical uses, on property located within 1,500 feet of the Metrorail transit station and located in the MO (Medium - Intensity Office) zoning district. Location: 5996 S.W. 70 Street; South Miami, Florida 33143 [A commercial property in the Medium - Intensity Office district] BACKGROUND & ANALYSIS: On April 7, 1992, the City Commission adopted Resolution No. 39 -92 -9245 (Attachment 1) which granted a reduction of 13.4% (8 parking spaces) for the subject property. In turn, this Resolution stated that no more than 12,000 square feet of space within the building be occupied by tenants and that those areas designated as public space not be occupied by any tenant uses. The applicant, Med - Investments, Inc., desires to enclose an open terrace on the top floor area of the building and use the entire building for medical office uses. Staff has calculated that the existing gross floor area of 15,076 square feet (from plans dated March 25, 1988, in file PB -92 -001) will be increased by 1,938 square feet (top floor) for a total of 17,014 gross square feet. The required parking for medical office uses is l parking spaces for every 200 square feet of gross floor area; thus, the project will require a total of 86 parking spaces. A total of 52 parking spaces are provided on -site which would meet City parking requirements, if the 40 percent reduction is granted as requested. The Planning Board voted 6:0 to recommend approval of the application for a forty percent reduction in the required number of parking spaces. RECOMMENDATION: Approval. 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 GRANTING A SPECIAL PARKING PERMIT PURSUANT TO SECTION 20 -4.4 (H) OF THE LAND DEVELOPMENT CODE TO ALLOW 40 PERCENT REDUCTION OF REQUIRED ON -SITE PARKING IN CONSIDERATION OF METRORAIL USAGE FOR A SINGLE PROPERTY LOCATED IN THE MO (MEDIUM - INTENSITY OFFICE) ZONING DISTRICT, SPECIFICALLY LOCATED AT 5996 S.W. 70 STREET, SOUTH MIAMI, FLORIDA, 33143, AND PROVIDING A LEGAL DESCRIPTION. 10 WHEREAS, Med- Investments, Inc., future property owner, represented by J. Wil Morris, 11 has made application to request a Special Parking Permit for Metrorail Usage Considerations, 12 pursuant to Section 20 -4.4 (H) of the Land Development Code, in order to permit a reduction of 13 forty percent in the number of required parking spaces, where 86 parking spaces are required for 14 medical uses, on property located within 1,500 feet of the Metrorail transit station and located 15 in the "MO" (Medium- Intensity Office) zoning district; and, 16 WHEREAS, the property located at 5996 S.W. 70 Street South Miami, Florida, 33143, 17 is legally described as follows: 18 Lots 6 and 7, Block 3 of ROSSWOOD SUBDIVISION, according to the plat 19 thereof, as recorded in Plat Book 13 at Page 62 of the Public Records of Dade 20 County, Florida; and, 21 WHEREAS, the Building, Zoning & Community Development Department staff 22 recommended approval to the Planning Board of the application for parking reduction upon 23 evaluating the application for (a) consistency with the Comprehensive Plan and (b) compliance 24 with the requirements of § 20 -4.4 (H) of the Land Development Code; and, 25 WHEREAS, on June 27, 1995, the Planning Board voted to recommend approval (6 -0) 26 of the application for a forty percent reduction in the required number of parking spaces; and, 27 WHEREAS, the Mayor and City Commission of the City of South Miami, Florida accept 28 the recommendation of the Planning Board. Med- Investments Special Parking Permit Page # 1 ;�'3 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 2 OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 SECTION 1. That the application submitted by Med- Investments, Inc., future property owner, 4 represented by J. Wil Morris, for a Special Parking Permit for Metrorail Usage Considerations, 5 pursuant to Section 20 -4.4 (H) of the Land Development Code, in order to permit a reduction of 6 forty percent in the number of required parking spaces, where 86 parking spaces are required for 7 medical uses, on property located within 1,500 feet of the Metrorail transit station and located 8 in the "MO" (Medium - Intensity Office) zoning district, is hereby granted. 9 PASSED AND ADOPTED THIS 18`h DAY OF JULY, 1995. 10 11 12 13 14 15 16 17 18 19 20 &7' ATTEST: Ronetta Taylor City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney Neil Carver Mayor c:\wpdocs \p1anning\report95.007 Med- Investments Special Parking Permit Page # 2 CITY OF SOUTH MIAMI vINTER- OFFICE MEMORANDUM To: Dean Mimms, AICP Date: June 12, 1995 Director of BZCD Dept. From: Brian T. Soltz Re: PB -95 -007: Med- Investments, Inc. Planning Technician Special Parking Permit (MetroRail) RE UEST: Applicant: Med - Investments, Inc., represented by J. Wil Morris Request: Special Parking Permit for MetroRail Usage Considerations, pursuant to Section 20-4.4 (H) of the City's adopted Land Development Code, in order to permit a reduction of forty percent (40 %) in the number of required parking spaces, where 86 parking spaces are required for medical uses, on property located within 1,500 feet of the MetroRail transit station and located in the MO (Medium- Intensity Office) zoning district. Location: 5996 S.W. 70 Street; South Miami, Florida 33143 [A commercial property in the Medium- Intensity Office district] BACKGROUND & ANALYSIS: On April 7, 1992, the City Commission adopted Resolution No. 39 -92 -9245 (Attachment 1) which granted a reduction of 13.4% (8 parking spaces) for the subject property. In turn, this Resolution stated that no more than 12,000 square feet of space within the building be occupied by tenants and that those areas designated as public space not be occupied by any tenant uses. The applicant, Med - Investments, Inc., has proposed purchase of the property from the property owner, South Miami Professional Building, Inc. The applicant, Med - Investments, Inc., desires to enclose an open terrace on the top floor area of the building and use the entire building for medical office uses. Presently, the three story building is vacant and is in a deteriorated condition. The subject property is located in the middle of "MO" (Medium - Intensity Office) zoning district. The Hotel Villa is located to the east of the property and a one story office building to the west. The subject property is abutted by vacant land (Attachment 2). Staff has calculated that the existing gross floor area of 15,076 square feet (from plans dated March 25, 1988, in file PB -92 -001) will be increased by 1,938 square feet (top floor) for a total of 17,014 gross square feet. The required parking for medical office uses is 1 parking spaces for every 200 square feet of gross floor area; thus, the project will require a total of 86 parking spaces. A total of 52 parking spaces are provided on -site which would meet City parking requirements, if the 40 percent reduction is granted as requested. The special use parking permit requires the applicant to be located within 1,500 feet of the South Miami MetroRail Station. The subject property is approximately 325 feet from the station. Therefore, the applicant is permitted to seek up to a 50% reduction of required off- street parking. The applicant's letter of intent projects that a significant percentage of the Property's tenants as well as persons having business with tenants of the property will utilize the MetroRail. Staff believes that the requested special use: 1) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; 2) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and 3) Complies with all other applicable Code provisions. RECOMMENDATION: Staff recommends that the Planning Board vote to recommend approval of this application. COMPREHENSIVE PLAN: The proposal is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. APPLICABLE REGULATIONS: Section 20-4.4 (H) of the Land Development Code Section 20 -5.8 of the Land Development Code r7`� c: \wpdocs \planning\report95.007 ATTACHMENT 1 w�� RESOLUTION N0. 39 -92 -9245 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST BY SOUTH MIAMI PROFESSIONAL BUILDING, INC., PURSUANT TO SEC. 20 -4.4 (H) OF THE LAND DEVELOPMENT CODE, TO REDUCE THE NUMBER OF REQUIRED. OFF- STREET PARKING SPACES BY 13.4% tS PARKING SPACES) FOR THE PROPERTY KNOWN AS 5996 S. W. 70TH STREET, 90UTH MIAMI, FLORIDA 33143 (A COMMERCIAL BUILDING) AND LEGALLY DESCRIBED HERRINBELOW. WHEREAS, South Miami Professional Building, Inc. applied, pursuant to Sec. 20-4.4 (N) of the Land Development Code, to reduce the number of required off - street parking spaces by 13.4% (8 parking spaces) for the property known as 5996 S. W. 70th Street, South Miami, Florida 33143, which property is legally described as follows. Lots 6 and 7, Block 3, of ROSEWOOD Subdivi- sion, according to the Plat thereof, as recorded in Plat Book 13 at Page 62, of the Public Records of Dade County,-Florida; and • WHEREAS, the Staff indicated- the property was within the area contemplated by aforesaid Code section; and WHEREAS, on February 11, 1991, the Planning Board voted to recommend approval of the request by a 5 - 0 vote; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of South Miami Professional Building, Inc., pursuant to Section 20 -4.4 (H) of the Land Development Code, to reduce the number of required off - street parking spaces by 13.4% (8 parking spaces) for the property known as 5996 S, W. 70th Street, South Miami, Florida, 33143, be, and the same is, hereby approved, aubJect to the conditions set forth below. Section 2. The building on the aforesaid property shall be modified to be in conformance with the floor plans drawn by Prime Design Build, Inc, and last dated Match 28, 1988 and last revised 3 March 30, 1992, (attached hereto and made a part hereof) so that no more than 12,000 square feet of space within the building is I3 occupied by tenants. Those areas designated as public spaces on A the floor plans shall not be occupied by any tenant uses. s section 3. In order to ensure all future tenants and future owners of the property are aware of these limitations, this Reso- lution shall be recorded in the Public Records of Dade County, Florida at the applicant's expense. PASSED AND ADOPTED thin 7 th day of April, 1992. APPROVED: OR ATTEST: j1 CE ERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 ATTACHMENT 2 9 3 '� eta• � t�51. '® ® 2 ) o ; . , n ,e i' ti ��• y s' o 1A A A � • j aV I atiw i) 7 P 9 R® IV e q 1 n V v n MARSH � - /RAC7 F LC s ti SW b n clv Y w wigsl YY BA9D IVS NO ■ rRAC• rRAG 6' s 7r's•i�•••74:� =vim 'OWNS-: E OF C lMS : - r) 1 ti 7 T c / p +FSU ET - — �>lrw! 5 ■ ■ ■H - — Dt2'v�E y G 1 ?Y ik a k p f Sw ■ ■■ s 1 :Jil r re o FVK ! 'a I�b e b 5w 0 Y I s .� . t'• . a t .b y ♦ .� a B r r♦ e • 5 -1 P• .�' p, p ' ;° t .:n'�G �s • n , `per v 1 �,� , / L 7 „ o 7 I dg Y ! rolt ► >tf �■■ I r. 5,9 76q T[l ,fP 1 6i 109 ■■w_ • u 1 S W 1 q.j I � •..+//l ra , \p7 a r1 I mm S w 79 •1 / , ,L ' / to B 12 rr rp •) a 7 7' 4k 91 9 s , I r g 1 97) ,P r z r £.` , 9+ r tlp �pVfP ti \p7 a r1 I mm S w 79 •1 / , ,L ' / to B 12 rr rp •) a 7 7' 4k 91 9 s , I r g 1 97) ,P r r tlp �pVfP FUCH'S ?ARK ° It f�• ---� B/ d �� City of Soudi Miami to 6130 Sunset Drive. South Miami. Florida 33143 1 U i�' APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD Applicant: MED IMVESZ =r . INC. Property owner:SOU H MIAMI PROFF BLDG Address: Represented By: Ito Cardenas. Organization: Tew & Beasley Address: 201 S. Biscayne Blvd., S2600 Phone: 539 -2112 Architect /Engineer: John Anderez Phone: 576 -6504 -J Owner Option to purchase ® Contract to purchase * Copy attached? Y If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot(s) 5 & 6 Block 3 Subdivision ROSSWOOD pB 13 _62 114etes and Bounds: Township Section Range APPLICATION IS HEREBY MADE FOR THE FOLLOWING: variance X Special Use _ Rezoning Text Amendment to LDC ® Text Amendment to Comp Plan ® PUD Approval PUD Major Change Briefly explain application and cite specific Code sections: SECTION: 20 -4.4 SUBSECTION: (H) PAGE 1: AMENDED DATE: 11/1/9 SUBMITTED MATERIALS X Letter of intent ® Statement of hardship Reasons for change: from owner /tenant inherent in the land list justificationq X Proof of ownership — Power of attorney Contract to purchase X Current survey X 7 copies of Site Plan X Required fee(s) for within 3 years 1 reduced @ 8.5" x 11" cost of advertising * SETIU C QF BANKRUPTCY MUTER * The undersigned has read this com eted application and represents the information and all submitte ate ials furnished are true and correct to a best of the applicant's ledge and belief. f f G � s �r2. Date A 1 gnature and title Upon receipt, applications and all submitted materials will be reviewed for compliance with City Codes and other applicable regulations. Applications found not in.compliance will be rejected and returned to the applicant. OFFICE USE ONLY : DATE FILED ACCEPTED REJECTED DATE PB HEARING COMMISSION PETITION REQUIRED ADVERT DEADLINE OTHER INFO PETITION ACCEPTED Trw & BEASLEY MIAMI CENTER 26m FLOOR 201 SOVTH BISCAYNE SOVLEVARD MIAMI, FLORIDA 33131 -4 336 TELEPHONE 13051 536 -1112 FACSIMILE 1305? 536-1115 WRITCR 5 OIRECT LINE (305)539 -2114 June 6, 19:95 VIA FACSIMILE Mr. Brian Soltz, Planner City of South Miami 6130 Sunset Drive . South Miami, Florida 33143 PALM 13CACH OFFICE COMLAU iU11601N6 • AUITC POI 319 CLEMATIS STREET WCST PALM BEACH. FLORIDA 33401.46a1 TFLEPHON914O7 /932-0032 r^CS11/ILC t4071 A3Z -4477 Re: Special Use Permit Application - Letter of I e t Dear Briana Ned- Investment, Inc. (the "Applicant -), is the intended purchaser of the property known as the South Miami Professional Building which.is located at 5976 S.W. 70th Street, South Miami, Florida (the "Property "), and is the applicant for a Special Use Permit filed with Your offices. The Property has experienced recent financial difficulties and currently shows signs of extreme neglect. By this application, the Applicant seeks to begin the process of renovating and outfitting the Property for general office uses and of removing what has been labelled an "eye -sore" from the City. 'As constructed, the Property comprises of three floors and an open terrace on: 'the fourth floor.: To be competitive with other existing office facilities in the area, the Applicant intends to enclose and build -out the fourth floor terrace area (an additional 1,389 square feet). With the enclosure of the fourth floor the total square footage of the Property would be 16#254 square_ feet. As such, the total required off - street parking spaces is 65 (16,254 square feet + 250). In its present configuration, the Property can only sustain a total 52 off - street parking spaces. However, the Property has never received credit for its 'proximity to the South Miami MetroRail system. Pursuant to S20- 4.4(H) and (J) of the City of South'Miami's Land Development Code, a reduction in the number of required off - street parking spaces of up to 50% may be allowed where all or a portion of a structure is located within 1,500 feet of the South Miami MetroRail Station. The Property is located within 1,500 feet of the South Miami �0 Mr. Brian Soltz June.14, 1995 Page 2 Station of the MetrORail. The Applicant projects that significant percentage of the Property's tenants as well as persons having business with tenants of the Property will utilize the MetroRail. This will reduce the dependency on the Property's parking facilities. Therefore, the Applicant respectfully submits that it qualifies for a reduction of the required off - ,street parking pursuant 520- 4.4(H) and (J) of the City of South Miami's Land Development Code. if you have any questions and /or comments, please do not hesitate to call or to write. Si cer ly yours, i Morris cc: Rafael Serrano Al Cardenas, Esq. IN r 7 JOE! k CY : s,• n � • r._ �„�' .� ,: ,.`sue'' > .. �'•7� � � �•�, _ _ { to I s i rte. ,: ,� , �� �k � � •� s� � z . I� ;� x � �o;. •ii=i � �� 'n i n ' ' � ~ Y�[. _� I �` ._...ate �� '=�� et�� da,rrtr ...•:•y.. �� j MARC pS.�TT�UNICK t .:p. R Mme. _ ;SOtlri HY�.,MIAMI . PROEESSIONAL BUILDING U DESIGN- IL SOU2,1`„Y6�`41 c� INCORPORATID IUONW - a, ::r ., so Si !9 u 1 n'!IAl.n,l• rl 4t1 tl /OYY Ii]•,rH •' ... 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ITEM: PB -95 -007 Applicant: Med- Investments, Inc., represented by J. Wil Morris Request: Special Parking Permit for MetroRail Usage Considerations, pursuant to Section 20-4.4 (H) of the City's adopted Land Development Code, in order to pen-nit a reduction of forty percent (40 %) in the number of required parking spaces, where 86 parking spaces are required for medical uses, on property located within 1,500 feet of the MetroRail transit station and located in the MO (Medium- Intensity Office) zoning district. Legal: Lots 6 and 7, of Block 3, in the "ROSSWOOD" SUBDIVISION, according to the plat thereof, as recorded in Plat Book 3 at Page 62, of the Public Records of Dade County, Florida. _ Location: 5996 S.W. 70 Street; South Miami, Florida 33143 [A commercial property in the Medium - Intensity Office district] YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN CITY HALL, LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143, AT THE AFOREMENTIONED TIMES AND DATES. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE PLANNING BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING 663 -6325 OR WRITE TO: BZCD DEPARTMENT AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143. REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY. MAO r9 �f jAACT F ' f i WfC1JAMSOA 001H MlAM9 Mc• i�ezP�.. f 9f /f., P9 �ti D 1h aw 76'4 57. W fps � � �' r • r. ! r a �� • e ��i i �:. Z a „•t F APPLICANT: I���•j�/�Ii1'iS, �• OWNER: iM1; I-�o �. 10mobt 616. TM. MIAP REFERENCE: 5 Compass COMUIENTS :5 ) �� �.�j�/T�/�`�OI�' Scale . - oA' ��^ Date. DrnAs-f . Chk ..... CITY of MUT9 MIAMI PLANNING 50A0 hearing No /o?I - DRAFT M I N U T E S P L A N N I N G B O A R D TUESDAY, JUNE 27, 1995 CITY COMMISSIONERS' CHAMBERS 7:30 PM I. Call to order and the Pledge of Allegiance to the Flag of the United States of America. II. Roll Calla PRESENT ABSENT J. Lefley P. Eisenhart S. Basu G. Illas K. Zeller O. Kerr C. Thorner Also present: Dean L. Mimms, BZCD Director (8:30 PM); Brian Soltz, Planning Technician; David Struder, Secretary. III. Public Hearings: PB -95 -007 Applicant: Med- Investments, Inc. Request: Special Parking _Permit for MetroRail usage considerations, pursuant to Section 20 -4.4 (H) of the City's adopted Land Development Code, in order to permit a reduction of forty percent (40 %) in the number of required parking spaces, where 86 parking spaces are required for medical uses, on property located within 1500 feet of the MetroRail transit station and located in the MO (Medium- Intensity Office) zoning district. Location: 5996 SW 70 Street; South Miami, Florida 33143 (A commercial property in the Medium - Intensity Office district). Mr. Kerr read the request. Staff reviewed the application and recommended approval of the request. Public Hearing was opened. Mr. Wil Morris signed in as a representative. In response to Mr. Basu's inquiry, Mr. Morris stated that the new tenants at the commercial property are to be primarily professional and medical personnel. Mr. Morris remarked that, while no formal studies or surveys were completed, it is anticipated that both employees and patients of the new tenants will use the MetroRail, due to its proximity to the property. PB Min 6/27/95 1 -�,3 Mr. Luis Rosas- Guyon, President of South Miami Professional Building, Inc., signed in as a representative and spoke before the Board. Mr. Rosas - Guyon explained that a group of doctors from Cedars of Lebanon Hospital is planning to establish a "satellite" office at the property. He confirmed that MetroRail ridership is anticipated due to the closeness of the South Miami station. Mr. Rosas -Lyon further explained that five tenants are currently planned for the subject property. Mr. David Tucker Sr., a long -time resident of the City, signed in and spoke before the Board. Mr. Tucker stated that renovation of the subject property would contribute to the economic growth of the City, as envisioned in the 1994 Hometown II project. There being no one else wishing to speak for or against the request, the public hearing was closed and executive session was convened. Mr. Basu questioned Mr. Rafael Serrano, Director of Med- Investments, Inc., in regard to financing for the property. Mr. Serrano responded that "financing is in place" and that "bank commitments have been secured." For the Board's information, Mr. Serrano explained that the rationale for enclosing the terrace is to increase the leasable square footage of the building. In regard to Mr. Lefley's question concerning feasibility of enclosing the terrace, Mr. Rosas -Guyon stated that the building is structurally capable of supporting enclosure of the terrace. Mr. Lefley stated his concern regarding involvement of the City in the terms of a March 7, 1995 letter from Sweetapple, Broeker & Varkas to Mr. Clifford Kornfield, Esq., which was included in the Board's packet of information for tonight's meeting. Mr. Morris stated that South Miami was not involved in the terms outlined in the letter. Mr. Morris further stated that there would be no further reduction in the number of parking spaces. Motion: Mr. Basu moved approval of the application, as presented, subject to the condition that no further reduction in parking be sought or permitted. Ms. Thorner seconded the motion. Vote: PB Min 6/27/95 Approved: 6 Opposed: 0 N MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Dally Business Review f/kla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING JULY 18, 1995 RE: SPECIAL PARKING PERMIT FOR METRORAIL USAGE CONSIDERATIONS In the .......... XXXXX ..................... Court, was published In said newspaper In the Issues of Jul 6, 1995 Afflant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade County; Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Dade County, Florida, for a period of one yea t preceding the It I publication of the attached copy adve Isement: and afflant further says that she has neat r paid Aor promised any person, firm or corporation any tscoun, rebate, commission or refund for the purpose of 8"urinje this advertisement for publication In the said Swom to and subscribed be me this 6 J 95 do f .... ......`®. ..., D. 19...... UIL NOTAXY SEAL ... . ...... ............. P rsFj E. A (SEAL) Nt�rARY PUBLIC �sAn. OF FICA Sookie WIIHam a nally known tom . CuMl1S5y0N NO. CC ]72]Cti MY COWCS.S ?ON EXP. IAN. 6,25 IN �o CRY OF SOUTH MIAMI NOTICE OF PUBLIC' >NEARINQ NOTICE IS HEREBY given that the City Commission of the.City of South Miami, Florida -will -hold a Public Hearing on Tuesday, July 18, 1995 during its regular City Commission beginning at -^ 7:30 .p.m., in the- City Commission Chambers, 6130 Sunset Drive, to consider a request by Med- Invest- ment,A.tic., _repre3ented .by J. Wil ; Morris iegard4a-Special.Parking Permit for Metrorail Usage Consid- erations, pursuant to .Section 20- 4 of tfte ftY's adoptk Land ( 62v 16pment _Code, in—'Order. der; to i permit a.n3dii _91-of forty_peic�►t (40%) in the -number- of regdred patidn i spaces, where 86'parldng spaces are , rpquired for _medics( ultes, od:prgmrty --.w in 1,50D feet oflhe Metrorali transit station =and (ccatsd :u Ma (Medium- Inten sitjr_Oifics zofiing district. Property Ioadted'at =5996' -SW 70th: Street, Sbuttr' Miami,; gFI6dda' (A'commer- ciik proe6 in 'the. Medium - Inten sity Office District}. AIL LAnterested parties are invited to attend and w1A beard. fnquirles concerning thi should be directed to: Bullding.an i Zoning Department at 663-W. of South Miami 14 k-4M ; Ptirsuant tc� _Ftbrkfa Statute 266:0105, 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 consid- ered at the meeting or hearing, he or she will need a record of the proceedings, and that for such Pur- pose, affected person may need to ensure that a verbatim record of the proceedings is made which re- cord includes the testimony and evidence upon which the appeal is to be based. -- 7/6 ' 95- 3 -070610M C-1Er-VY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor & City Commission *Etl'.i From: e Cox City Manage Date: June 21, 1995 Agenda Item #, Re: 7/18/95 Comm. Mtg. Occupational Licenses The Equity Study Commission appointed by the City Commission has submitted a recommendation for the reclassification of businesses, professions and occupations, as well as, a new "Schedule of License Taxes." I have reviewed their proposal and found it to be reasonable and equitable. I recommend approval. EC /ds attachments ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 13 -24 OF THE CITY'S CODE OF ORDINANCES, IN ORDER TO PROVIDE FOR CODIFICATION OF A REVISED "SCHEDULE OF LICENSE TAXES" PURSUANT :TO SECTION 205 OF FLORIDA STATUTES AND THE RECOMMENDATIONS OF THE CITIZENS' "EQUITY STUDY COMMISSION "; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 18, 1995, the City Commission of the City of South Miami adopted Ordinance No. 6 -95 -1579 which codified the regulations and procedures regarding occupational licenses; WHEREAS, the Florida Legislature enacted Chapter 93 -180, Laws of Florida (1993), enabling local governments to reclassify businesses, professions and occupations and to establish new rate structures, subject to the requirements and limitations contained in the legislation; and, WHEREAS, local governments wishing to establish new occupational classifications and rate structures must establish an equity study commission and appoint its members, each of whom must be a representative of the business community within the local government's jurisdiction; and, WHEREAS, the City Commission of the City of South Miami established an occupational license tax equity study commission pursuant to Chapter 93 -180; and, WHEREAS, the Mayor and City Commission adopted Resolution 64- 95 -9613 ratifying the appointments of Bill Enright Armando Oliveros; Gwendolyn Thomas; J.B..Turbidy; and Mark Wynnemer, representatives of the local business community, as members of the Equity Study Commission; WHEREAS, the Equity Study Commission completed its study and has recommended a "Schedule of License Taxes" based upon reasonable classifications and equitable rates; WHEREAS, the Mayor and City Commission wish to amend the ordinance regulating occupational license taxes to include the 11Schedule of License Taxes" recommended by the Equity Study Commission. 1 0 50 51 52 53 54 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 55 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 56 57 Section 1. That Article I, Chapter 13, Section 13 -24 of the 58 City's Code of Ordinances is amended by deleting the "Schedule of 59 License Taxes" attached to said section and substituting the 60 "Schedule of :License Taxes" recommended by the Equity Study 61 Commission, attached to this ordinance and made part of said 62 Section 13 -24. 63 64 Section 2. All ordinances or parts of ordinances in conflict 65 with the provisions of this ordinance are hereby repealed. 66 67 Section 3. This ordinance shall take effect on October 1, 1995. 68 69 70 PASSED AND ADOPTED this day of , 1995. 71 72 73 74 75 76 77 ATTEST: 78 79 3-Q CITY CLERK 82 83 READ AND APPROVED AS TO FORM: 84 85 86 CITY ATTORNEY 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 2 C� MAYOR 102 103 104 105 SCHEDULE OF LICENSE TAXES 106 107 Individual uses are listed in the "Permitted Use Schedule," Section 108 20 -3.3 (E) of the Land Development Code. 109 110 111 1) Residential Uses (Apartments Only) 112 Up to 5 units $ 75 113 6 to 50 units $130 114 51 to 100 units $200 115 101 to 200 units $250 116 201 or more units $300 117 118 2) Public and Institutional Uses 119 Up to 1,000 sq_. ft. $100 120 1,001 to 3,000 sq. ft. $150 121 3,001 to 10,000 sq. ft. $200 122 10,001 sq. ft and over $240 123 124 3) Business and Professional Services 125 Sole proprietor $130 126 2 to 9 employees $200 127 10 to 24 employees $275 128 25 or more employees $35.0 .1129 130 4) Retail and Wholesale Trade 1311 Up to 1,000 sq. ft. $130 132 1,001 to 2,000 sq. ft. $200 133 2,001 to 5,000 sq. ft. $350 134 5,001 to 15,000 sq. ft. $500 135 More than 15,000 sq. ft. $750 136 137 5) Transportation, Warehousing & Communications 138 Minimum rate $200 139 10 to 25 employees $225 1AQ 26 or more employees $250 141 7,500 to 20,000 sq. ft., 142 an additional $ 25 143 20,001 sq. ft and over, 144 an additional $ 50 145 146 6) Manufacturing and Intensive Uses 147 Minimum rate $225 148 7,500 to 15,000 sq. ft. $250 149 15,001 to 25,000 sq. ft. $275 150 25,001 sq. ft. and over $300 151 152 7) Coin - operated Machines 153 Each machine $ 30 3 �� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: or and City C fission Date: July 14, 1995 romCe" 02� Agenda Item #� City Manager Re: 7/18/95 Comm. Mtg Permit Fee Refunds The attached ordinance amendment provides a permit fee refund policy to ordinance no. 14 -90 -1454, as amended 'by 92 -1501, as amended by 92 -1512. We currently lack a clear policy, and the matter is handled in a manner which could result in unequal treatment. This amendment defines when, how much, and under what circumstances a permit fee may be refunded to permit holders, and gives our building officials clearly defined criteria on which to base their decision regarding refunds. It requires a written request for a refund, which provides documentation. Also, it provides a time limitation for request of refund. I recommend approval. 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 29 30 31 i 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE NO. 14-90 - 1454, AS AMENDED BY 92 -1501, AS AMENDED BY 92 -1512, BY ADDING A NEW PERMIT FEE REFUND SCHEDULE, TIME LIMITATION, AND CANCELLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about August 21, 1990, the City of South Miami enacted Ordinance No. 14 -90 -1454 providing for permit fees for all construction projects; and, WHEREAS, the Mayor and the City Commission wish to amend the Ordinance by adding a new permit refund schedule and a contractor registration; and, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a new permit fee refund schedule be added as follows: REFUNDS, TIME LIMITATIONS AND CANCELLATIONS The fees charged pursuant to this schedule, provided the same are for a permit required by Section 301.1 of the South Florida Building Code, may be refunded by the Building Official subject to the following: 1. No refunds shall be made on requests involving: a) Permit fees of $200.00 or less; or b) Permits revoked by the Building Official under authority granted by the South Florida Building Code; or c) Permits cancelled by court order; or d) Permits which have expired; or e) Permits under which work has commenced as evidenced by any recorded inspection and /or field inspections; or f) The original permit holder when there is a change of contractor. 2. A full refund shall be granted to a permit holder who takes out a permit covering work outside the jurisdictional inspection area. 3. A full refund less $200.00 or 50% of the permit fee, whichever is greater, shall be granted to a permit holder who requests a refund in writing, provided: a) A written request is submitted to the City prior to the permit expiration date; and, b) That a validated copy of the permit be submitted with such request. 4. Where a permit has become null and void pursuant to paragraph 304.3(a) of the South Florida Building Code, a credit of fifty percent (50 %) of the permit fee shall be applied to any re- application fee for a permit covering the same project and involving the same plans that were originally submitted provided that the complete re- application is made within six (6) months of the expiration date of the original permit and provided that no refund has been made as provided in this section. 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 day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR 2 , 1995. Updated Fee Schedule February 21, 1995 (A) BUILDING PERMIT FEES: L. NEW CONSTRUCTION: 0 to 25,000 square feet $35/100 square feet or fraction thereof 25,001 to 50,000 square feet $25/100 square feet or fraction thereof 50,000 square feet and over $ 8/100 square feet or fraction thereof 2. ALTERATIONS AND REPAIRS TO BUILDINGS AND OTHER STRUCTURES: Up to $ 1,000 of improvements or fractional part: a) Commercial buildings 35.00 b) RS-1, RS -2, RS -3, RS -4, RT-6 (single unit), and RT -9 (single unit) buildings no charge $ 1,000 to $ 5,000 of improvements 75.00 $ 5,000 to $ 10,000 of improvements 150.00 Each additional $10,000 of improvements or fractional part 50.00 3. INTERIOR COMPLETION OF SPACE IN A NEW BUILDING: 10. ROOFING: First 10 squares or fractional part of area Each additional 10 squares or fraction thereof 11. FENCES AND /OR WALLS: First 100 lineal feet or fraction thereof Each additional 100 lineal feet or fraction thereof Temporary fences 45.00 15.00 35.00 10.00 35.00 Up to 500 sq ft or fractional part 0.25 /sf For each additional 100 sq ft or fractional part 0.10 /sf 4. INSTALLATION, ALTERATION OR REPAIR OF EXTERIOR OPERABLE WINDOWS AND EXTERIOR SLIDING GLASS DOORS, Each 5.00 5. INSTALLATION OF CURTAIN WALLS, INCLUDING WINDOWS AND DOORS THEREIN AND THE ALTERATION, REPAIR OR REPLACEMENT OF STORE FRONTS AND SIMILAR FIXED GLASS: Each 100 sq ft or fractional part thereof 10.00 6. MOVING BUILDINGS OR OTHER STRUCTURES: For each 100 sq ft or fractional part thereof 10.00 7. CONCRETE SLABS: For first 500 sq ft or fractional part thereof 35.00 For each additional 500 sq ft or fractional part thereof 10.00 8. WOOD DECKS, WALKWAYS, SCREEN ENCLOSURES 0.25 /sf 9. PAVING: For first 1,000 sq ft or fractional part of area 35.00 For each additional 1,000 sq ft or fractional part of area 10.00 10. ROOFING: First 10 squares or fractional part of area Each additional 10 squares or fraction thereof 11. FENCES AND /OR WALLS: First 100 lineal feet or fraction thereof Each additional 100 lineal feet or fraction thereof Temporary fences 45.00 15.00 35.00 10.00 35.00 Updated Fee Schedule February 21, 1995 12. AWNINGS AND CANOPIES: For first $1,000 of estimated cost 35.00 For each additional $!,000 or fractional part thereof 10.00 13. SWIMMING POOLS: First 20,000 gallon capacity or fractional part thereof 75.00 Each additional 1,000 gallon capacity or fractional part thereof 10.00 14. DEMOLITION OF BUILDINGS: For the first 1,000 sq ft or fractional part of floor area 75.00 For each additional 1,000 sq ft or fractional part of floor area 20.00 15. DEMOLITION OF SIGNS, FENCES /WALLS & STRUCTURES OTHER THAN BLDGS 35.00 16. PAINTING, SANDBLASTING, OR STEAM CLEANING (Commercial Only) 35.00 17. SATELLITE /MICROWAVE DISHES 75.00 18. CHANGE OF CONTRACTOR:Larger of 25% of original permit fee or min 35.00 19. TEMPORARY SIGNS 35.00 20. PERMANENT SIGNS 35.00 Updated Fee Schedule February 21, 1995 (B) PLUMBING PERMIT FEES: 1. SANITARY SEWERS: Each connection 15.00 2. WATER SERVICE: Each connection 15.00 3. SANITARY SEWER COLLECTION SYSTEM INSIDE PRIVATE PROPERTY: For each 50 feet 15.00 Type A, each manhole 25.00 Sewer capping 35.00 Sump pump 35.00 4. STORM SEWER: Roof drain inlet (each) 10.00 Catch basin or area drain 35.00 Soakage pit, trench or french drain 35.00 5. CONDENSATE DRAINS PER UNIT 10.00 6. WATER PIPING: Water main 35.00 Each additional foot 0.25 /ft Solar water Heater installations or repairs 35.00 7. PLUMBING FIXTURES: Set - 7.00 Rough 7.00 8. LAWN SPRINKLER SYSTEMS: Lawn sprinkler heads (each) 1.00 Water supply to lawn sprinkler 35.00 Zone Valves, each 10.00 9. FIRE PROTECTION: Water supply to fire sprinkler system 35.00 Fire pump or domestic pump (new or replacement) 50.00 Each standpipe 35.00 Each hose rack or Fire Department outlet 10.00 Each sprinkler head 1.50 Each siamese or roof manifold 35.00 10. INTERCEPTORS AND SEPARATORS: Septic tanks, settling tanks, etc., including drainfield for same: Up to 750 gallons 45.00 Each additional 150 gallons 15.00 Interceptors, separators and septic tanks being abandoned 35.00 11. SWIMMING POOLS: Swimming pool piping installations, replacements or repairs 35.00 Filter replacement 35.00 Swimming pool heaters 35.00 Revised Fee Schedule April 5, 1995 12. WELLS 45.00 13. TEMPORARY TOILETS 40.00 14. WATER TREATMENT PLANTS, SEWAGE TREATMENT PLANTS & LIFT STATIONS 75.00 Updated Fee Schedule February 21, 1995 (C) MECHANICAL PERMIT FEES : 1. AIR CONDITIONING REFRIGERATION: Each unit, first 5 tons 60.00 Each additional ton or fraction thereof 10.00 Does not include water, electric and gas lines; where tonnage is not known, substitute one H.P. or 12,000 BTU's for each ton. 2. CONDENSATE DRAINS 10.00 3. HEATING: Each and every unit capable of heating, furnaces and heating equipment including commercial dryers, ovens and other fired objects not elsewhere classified (Includes all component parts of the system except fuel and electric lines.) 25.00 Ey ME M 7. Vented and Unvented Wall Heaters: First 200,000 BTU per hour or fractional part Each additional 100,000 BTU per hour or fractional part Duct work: First $1,000 Each additional $1,000 PAINT SPRAY BOOTHS: First 300 sq ft Each additional 100 sq ft BOILERS AND PRESSURE VESSELS: Rated capacity first 200,000 BTU's Each additional 100,000 BTU's Steam Boilers (defined in ASME Boiler & Pressure Vessel Code) , each Hot water Boilers (same), each Miniature Boilers (same), each Steam driven prime movers, each Steam actuated machinery, each Unfired pressure vessels (operating at pressures in excess of 60 psf and having a volume of more than 5 cubic feet) INTERNAL COMBUSTION ENGINES: Up to 50 KVA Each additional 5 KVA PRESSURE PIPING: First $1,000 Each additional $1,000 8. COOLING TOWER: Up to 10 Tons Each additional 10 Tons 25.00 15.00 30.00 10.00 150.00 50.00 50.00 15.00 50.00 50.00 30.00 30.00 10.00 30.00 50.00 15.00 30.00 15.00 35.00 12.00 Updated Fee Schedule February 21, 1995 9. VENTILATION AND VENTILATION SYSTEMS: First $1,000 30.00 Each additional $1,000 15.00 10. FIRE PLACE (PRE- FABRICATED) 35.00 11, INSULATION PERMITS 35.00 12. BATH EXHAUST FANS 15.00 13'. KITCHEN FANS 25.00 14. DRYER VENT 15.00 Updated Fee Schedule February 21, 1995 (D) ELECTRICAL PERMIT FEES: 1. ROUGH WIRING OUTLETS, SINGLE FAMILY RESIDENTIAL: New Construction and Additions First 100 sq ft 50.00 Each additional 100 sq ft or fraction thereof 12.00 2. ROUGH WIRING OUTLETS, ALL OTHER PROJECTS: Light, receptacle, switch, sign, telephone and other low - voltage outlets: 1 through 10 outlets 20.00 Each additional outlet 1.50 3. SERVICES (Each service and each subfeed): Permanent, 150 amps and under 10.00 Permanent, each 100 amps over 150 5.00 Temporary for construction (+ fee listed for 150 amps and over) 25.00 Service repair and /or meter change 35.00 Temporary for testing (30 days) 35.00 Renewal 25.00 4. SWITCHBOARDS: Fees are the same as SERVICES, computed on amps 5. EQUIPMENT, MACHINE OR SPECIAL PURPOSE OUTLETS OR PERMANENT CONNECTIONS: Air Conditioners, window and through -wall units, each outlet 10.00 Air Conditioners, Central, per ton 5.00 Bake ovens (painting), each - 30.00 Diathermic 15.00 Isolation Units (L I M) 40.00 X -Ray 18.00 6. ALL OTHER OUTLETS, Each outlet 10.00 7. MOTORS (including COMMERCIAL REFRIGERATORS per H.P.): Each motor up to 1 H.P ". 10.00 Each motor 1 H.P. to 10 H.P. 25.00 Each H.P. Over 10 H.P. 1.00 8. GENERATORS AND TRANSFORMERS, COMMERCIAL HEATING EQUIPMENT AND STRIP HEATERS, RECTIFIERS AND UPS SYSTEMS: Each generator or transformer: Up to 10 KVA or KW 10.00 10 through 25 KVA or KW 25.00 Over 25 KVA 50.00 9. WELDING MACHINE OUTLETS: Up to 25 amps 6.00 Each additional 25 amps or fractional part thereof 6.00 10. SIGNS: Each sign 35.00 Sign repairs, connection and reconnection 25.00 Updated Fee Schedule February 21, 1995 11. FIXTURES: Lights, ,I through 10 sockets Lights, l through 10 fluorescent tubes Lights, each additionai socket and each additional rube HID Lamps, 1 through 10 HID Lamps, each additional Lighting fixtures, "Heads ", each Flood lights or light standards, each Parking lot lights, HID or quartz, per light 12. PLUGMOLD AND STRIP LIGHTING: First 10 feet Each 5 feet thereafter 13. BURGLAR ALARM, FIRE DETECTION SYSTEMS, LIFE SAFETY SYSTEMS, INTERCOM, COMPUTERS: Installation, central system, control panel Heads or target area, smoke detector, speaker, Bell-Alarm Station, Proximity Station, each Installation of Master Control Each new outlet Fire alarm and /or fire pump test per hour 14. MASTER TELEVISION AND RADIO RECEIVING ANTENNAE: TV and radio antennae devices, wall outlets, suppressors, splitters, lightning arrestors, receivers, input devices, audio amplifiers, ground connections, etc. 1 through '5 devices Each additional device 15. REMOVAL OF ELECTRICAL CIRCUITS: 16. SWIMMING POOLS, SPAS AND HOT TUBS: Light, pump, timer, and bonding Residential Commercial 10.00 10.00 1.00 10.00 1.00 7.00 7.00 15.00 20.00 3.00 20.00 1.00 25.00 1.00 40.00 20.00 1.00 35.00 35.00 65.00 Updated Fee Schedule February 21, 1995 (E) LAND USE APPLICATION FEES: DOUBLE FEES SHALL BE ASSESSED FOR ALL PROJECTS IN VIOLATION. 1. REZONING OR TEXT AMENDMENT TO LAND DEVELOPMENT CODE 2. SPECIAL USE PERMIT: Residential Commercial 3. APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION BOARD: All applications for RS-1, RS-2, RS -3, RS-4, RT-6 (single unit) and RT -9 (single unit) a) New construction Each additional appearance before the Board, same application b) Repairs, Alternations, Additions and Accessory Structures under $1,500.00 c) Repairs, Alterations, Additions and Accessory Structures in excess of $1,500.00 All Other Applications for: New construction and renovation First 1,000 sq ft Each additional 1,000 sq ft or fraction thereof Signs, fences, walls, etc. For each additional appearance before the Board 4. VARIANCES RESIDENTIAL: First variance request Each additional variance request 5. VARIANCES COMMERCIAL: First variance request Each additional variance request 6. PLANNED UNIT DEVELOPMENT 7. MAJOR CHANGES TO A PLANNED UNIT DEVELOPMENT 8. CLOSING OF ANY PUBLIC RIGHT -OF -WAY 9. WAIVER OF REQUIRED PUBLIC RIGHT -OF -WAY IMPROVEMENTS 10. HOME OCCUPATIONAL LICENSES 11. WAIVER OF PLAT APPLICATION 1,000.00 250.00 450.00 25.00 no charge no charge 25.00 50.00 2.50 50.00 50.00 250.00 50.00 450.00 150.00 2,000.00 1,000.00 300.00 250.00 250.00 300.00 Revised Fee Schedule April 5, 1995 12. COMPREHENSIVE PLAN AMENDMENTS: Up to 3 acres 2,500.00 3 acres or more 5,000.00 (F) CERTIFICATE OF USE, COMPLETION OR OCCUPANCY FEES: Certificate of Occupancy, Residential 100.00 Certificate of Occupancy, Commercial, per story 200.00 Certificate of Use 75.00 Certificate of Completion $100.00 (G) PUBLIC WORKS /UTILITIES FEES: 1. INSTALLATION OR REPAIR OF SANITARY AND STORM SEWERS, WATERLINES, GAS LINES, AND OTHER UNDERGROUND UTILITIES: For 100 lineal feet or less 45.00 For each additional 100 lineal feet or fraction thereof 25.00 2. SLAB COVERED TRENCHES, CONSISTING OF CATCH BASIN AND SEEPAGE TRENCH OR FRENCH DRAINS: For installation consisting of one or two catch basins, & seepage trench or soakage pit of lengths not to exceed 100 ft 45.00 For each additional 100 lineal feet or fraction thereof 25.00 3. INSTALLATION OR REMOVAL OF POLES, DOWN GUYS, ANCHORS, SPLICE PITS, 'MANHOLES OR FIRE HYDRANTS: For each unit 35.00 4. CONSTRUCTION OR REPLACEMENT OF SIDEWALKS, CURB AND GUTTER: For each 100 lineal feet or less 45.00 For each additional 100 lineal feet or fraction thereof 20.00 5. FOR CONSTRUCTION OF DRIVEWAYS, Each driveway: For driveway width of 20 feet or less 25.00 For driveway width greater than 20 feet but less than 40 feet 35.00 For driveway width greater than 40 feet 60.00 6. FOR CONSTRUCTION OF ASPHALT STREET PAVING: One lane to two lane pavements (Width of pavement 0 to 24 feet) For 100 lineal feet or less 100.00 For each additional 100 feet or fraction thereof 45.00 Three or more lanes of pavement (Aggregate width greater than 24 feet) For 100 lineal feet or less 125.00 For each additional 100 feet or fraction thereof 65.00 7. PAVING OR PARKWAY SHOULDERS: For 100 lineal feet or less 75.00 For each additional 100 feet or fraction thereof 35.00 8. ERECTION OF STREET NAME OR DIRECTIONAL SIGNS, Each sign: 10.00 9. CONSTRUCTION OF BRIDGES: For bridge roadway area of 1000 sq ft or less 300.00 For each additional 100 sq ft or fraction thereof 75.00 Revised Fee Schedule April 5, 1995 10. INSTALLATION OF PERMANENT -TYPE TRAFFIC BARRICADES, - GUIDERAILS AND GUIDEPOSTS: For each 100 lineal feet or fraction thereof 50.00 11. CONSTRUCTION OF STREET OR DRIVEWAY CULVERT CROSSINGS OF CANALS AND DRAINAGE DITCHES (Not controlled by D.E.R.M.): For each lineal foot of pipe or fraction thereof 5.00 (H) OTHER FEES: 1. MINIMUM FEE: 50.00 2. PERMIT EXTENSION FEE: 35.00 3. REINSPECTION FEES: 35.00 4. QUADRUPLE FEES AND FINES: WHEN WORK FOR WHICH A PERMIT IS REQUIRED IS COMMENCED WITHOUT OBTAINING A PERMIT, THE FEES AS SPECIFIED HEREIN SHALL BE QUADRUPLED AND A.$100.00 FINE LEVIED ON OWNER /BUILDERS; SUCH FEES AS SPECIFIED HEREIN SHALL BE QUADRUPLED AND A $500.00 FINE LEVIED ON CONTRACTORS. PAYMENT OF SUCH PENALTY FEE SHALL NOT RELIEVE ANY PERSON, FIRM OR CORPORATION FROM FULLY COMPLYING WITH ALL OF THE REQUIREMENTS OF ALL APPLICABLE REGULATIONS AND CODES, NOR SHALL IT RELIEVE THEM FROM BEING SUBJECT TO ANY OF THE PENALTIES THEREIN. THE LARGER OF 25% OF FINE OR $300.00 CANNOT BE WAIVED AND WILL BE USED TO COVER THE ADMINISTRATIVE COSTS ASSOCIATED WITH PROCESSING VIOLATIONS. 5. ADDITIONAL COSTS: IN ADDITION TO THE BASIC APPLICATION FEES LISTED, THE APPLICANTS SHALL PAY FOR ALL REASONABLE COSTS INCURRED BY THE CITY IN PROCESSING SAID APPLICATIONS. THESE COSTS SHALL INCLUDE BUT NOT BE LIMITED TO ADVERTISING, STAFF TIME AND COSTS FOR QUALIFIED EXPERTS, SUCH AS ARCHITECTS, ENGINEERS, PLANNERS, ATTORNEYS AND OTHERS DEEMED NECESSARY FOR THE REVIEW AND EVALUATION OF THE APPLICATION. THESE FEES SHALL BE IN ADDITION TOANY OTHER FEES REQUIRED BY THE CITY. 6. REVISIONS TO APPROVED DRAWINGS 7. PLAN REVIEW REVIEW AFTER SECOND REJECTION EACH ADDITIONAL REVIEW (I) TREE REMOVAL PERMITS FEES $15 /sheet $50.00 $75.00 Tree Removal Permits $40.00 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 14 -90 -1454 DEALING WITH FEE SCHEDULES BY hDnING A NEW SCHEDULE "I" "TREE REMOVAL PERMITS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EPPECTIVE DATE. WHEREAS, on or about September 4, 1990, the City of South Miami, Florida enacted Ordinance 14 -90 -1454 dealing with fee. schedules for the City of South Miami; and WHEREAS, thereafter the City of South Miami enacted an Ordinance providing for, inter a ia, tree removal permits, but did not at that time set the fee for the tree removal permit; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Ordinance 14 -90 -1454 of the City of South Miami be, and hereby is, amended to add the following sub - section (Ila (I) Tree Removal Permit Fees tree removal permits ......................... $ 40.00 Section 2. If any section, clause, sentence or phrase of this ;.z Uzdinancc is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way tr affect the validity of the remaining portions of� this Ordinance. Section 3. All Ordinances or parts of OYdinancec in conflict herewith be, and the same are, hereby repealed. Section 4. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 3rd day of March , 1992. APPROVED: MAYOR ATTEST : } /� CITY CLERK READ AND APPROVED AS TO FORM: C _a s ducauatvxtv�L� .:NU =9L t�1 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION (A) 2 OF BUILDING PERMIT FEES IN ORDINANCE NO. 14 -90 -1454, BY REMOVING BUILDING PERMIT FEES FOR ALTERATIONS AND RRPAIRS TO BUILDINGS AND OTHER STRUCTURES UP TO 9 1,000.00; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about August 21, 1990, the City of South Miami enacted Ordinance No.14 -90 -1454 providing, inter alia for building permit fees for alterations and repairs to buildings and other structures; and WHEREAS, the Mayor and City Commission wish to amend the aforesaid Ordinance by removing building permit fees for alterations and repairs to buildings and other structures up to $ 1,000.00; NOW, THEREFORE, HE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That section (A) 2 of building permit fees in Ordinance No. 14 -90 -1454 be, and the same hereby is, amended to read as follows: 2. ALTERATIONS AND REPAIR TO BUILDINGS AND OTHER STRUCTURES: Up to $ 1,000.00 of improvements or fractional part a) Commercial buildings .................. $ 35.00 b) Residential buildings ............... no charge Section 2. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent iurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4. This Ordinance shall take effect immediately at ORDINANCE NO. 14 -90 -1454 AS 0RDI`]ANCE uF THE CI T' 0 SOUTH MIAMI, ?LO RI DA, CONSOLIDATING B° REPEALING AND/O?. AMENDING A--:- PREVI ORDINANCES WHLCc _STABL :Sic., FEE SCHEDULES FOR BuILL:.,.. ?ER'1I PLUMBI..; PERM:_ - LCHANICA:- PER`:I -._C --- R ?li. AND GSc PERMITS. ....RTIFICATES U_ SE 0.. uCCUPANCY, PUBLIC '-WORKS /UTILITIES, AND MISCELLANEOUS PERMITS; .=MENDING THE CODE u= THE CITY OF SOUTH ACCORDANCE THERE.;; TH• PROVIDING FUR SEVERABIi_ITY Ur PROVISIONS HEREOF: REPEALING ALL ORDINANCES IN CONSISTS "': ,iERE«i'.. AND PROVIDING AN EFFECTI','E DATE. NHEREAS, heretofore, the . o r S o u t n ` Iiami has enacte: ✓arious irdinances in wnicr, there are set forth fee scneduies `or various hermits sucn that tnere is no single place where all cees cau n r e a a I L r e f e r r e c r) v true Administration a n a the pun_in; and WHEREAS, zne Administration believes that a comprehensive_ fee scnedule settine fortn all fees for permits and applications _n a single place would be greatly desirable; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The following Ordinances (which established fee schedules regarding the subject matter hereinafter set forth) be, and the same are hereby repealed: ordinance date subject 25 -83 -1185 8/lb/83 building /plumbing /mechanical/ electrical 18 -88 -1412 11/01/88 building /plumbing /mechanical/ electrical 19- 83 -li79 08/02/83 land use application fees 24 -83 -1179 08 /lb/83 land use application fees Section 2 The following Code Section (which establisned fee scneduies regarding the subject matter nereinsfter set forth) be, and the same is hereby repealed. .:ode sez�ion - tie --3 Permit Fees Section 3. The fololowing Code Section (which established fee schedules regarding the subject matter hereinafter set forth) be, and the same is herebv repealed. cod�3 section title 17A -1 Subdivision Platting Fees Secticn 4; That Sect Soutn 'Miami" is amended nv deleting tne�oresentoSectionhandlis o amended by adding thereto the following: SEC.. -? COFfpREH7'11STFE . 77r SCHEDT.TL7 There is herehv esta',lishes a corm rehensive fee schedule settinc Fort fees for the following items: Buildins Perris Fees B. l umhinc, er,ic Fees +echar.i ce.l �eTr., t -e�� ^. Electr_cal Permi` ees E. Lana 17se Application Fees F. Certificates of 2se or Occupancv Fees �. Public t:orks /,'ti lit-., Fees H. Other Fees as set fort's in the Schedule entitled: "Comprehensive Fee Schedule" attaches hereto and oase a part hereof. Section i. if any section, subsection, sentence, clause, phrase, word o amount of this Ordinance shall he declared unconstitutional or inval.ica by competent authority, then the remainder of the ordinance shall not be affected thereby, and shall remain in full force and effect. Section 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed insofar as there is a conflict or inconsistency. Section 7. This ordinance shall take effect immediately at the t_i_m_e7­oT omits passage. PASSED AND ADOPTED this 4th day of Seotember 1QQ0. 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H Cr1 It �o q CD rty " y bCnn �xOnH� w OM U t%xH�>3 y tS] o� oo C ��x`��o y m z C H n H � 10� cn � to y� O � p p ZHx� (n M Hzzn yon co H 0 - tt7 Od �C�=7 = Mn � cn�z z0nMtnrJ �z(nnH nHCnLtij p xHp �Ht>IV0E zx rzvo r r H H b zn orK�y �rrz 0Mn171C) o wC+7xp HzvtyJt z z m fA rnoE -4 �m W x z�MEnMH 0Um�a> w%dx nHH n En oy-gH> O� >ox� `3 v yzt°'27 y9 CrorJ Hya HH O (n H Cn H H y `�zyr xz�o x 0atTj xo °� 00 °�Kmn �oyx0IIn ~=sz >z H 0o� o n mEna y to �n m vt2l i0t1itr >C)M txy�t2l z� o (D zr, zHHn oco r"ro to 0 uWt rrt In �pzy by'C+H�jH O O O pMEn2 £yy0P"C >�� CCT7mn�txil ur xK�t] 00 tr TJHp ZCO'pz I� pCf7>p o HbMK cn W W Ln K C7 I(D xzw C"t=]OC" O O O M LTJ t,mz:01 r 0 0 0 tz 1 2 3 4 5 6 7 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, EXTENDING THE CABLE TELEVISION FRANCHISE AGREEMENT WITH CABLE SATELLITE OF MIAMI. AF WHEREAS, Cable Satellite of South Miami, Inc. Provides cable service within the City of South Miami pursuant to a license granted by the City that expires on July 29, 1995; and WHEREAS, the City and Cable Satellite have not yet reached agreement on the terms and conditions of any renewal of the license; and WHEREAS, the City deems a grant of an extension of the existing license is in the best interest 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 City Commission hereby approves the extension through November 29, 1995 of the Cable Television license currently held by Cable Satellite of South Miami, Inc. under and pursuant to Ordinance No. 17 -79 -1039 and amendments thereto adopted by the City Commission of the City of South Miami on July 29,1980, to Cable Satellite of South Miami, Inc., and the City Manager is hereby authorized to execute any necessary consent to extension on behalf of the city, once such consent to extension is approved by the City Attorney as to form and sufficiency. Section 2. This resolution shall be effective immediately from and after adoption hereof. Section 3. The terms and conditions of renewal if any of the license granted subsequent to the date hereof shall apply retroactively to the original termination date of the current license. Section 4. This resolution shall not in any way extend the period of operation of the Cable Television License granted pursuant to Ordinance No. 17 -79 -1039 beyond November 29, 1995 and shall not operate to either grant or deny a renewal of such Cable Television License. PASSED AND ADOPTED this 18th day of July, _1995 by a vote of the City Commission of the City of South Miami. APPROVED: ATTEST: CITY CLERK 37 APPROVED: 38 39 40 CITY ATTORNEY MAYOR a \cabtvfm.ezt Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMNIISSION ACTION SUMMARY Regular City Commission Meeting Meeting date: July 18, 1995 6130 Sunset Drive, So. Miami, FL Next Meeting date: July 25, 1995 Phone: (305) 663 -6340 Time: 7 :30 P.M. CONSENT AGENDA Resolution No: 99 -95 -9648 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse the sum of $3,188.68 representing fees incurred for legal services by Leibowitz & Associates, P.A., regarding Federal Cable Television Statutes and charging the disbursement to Account No. 2100 -3420: "Consultant -Cable TV Franchise." (Administration) 3/5 Resolution No. 100 -95 -9649 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, ratifying emergency repairs to Crane 21 -31A, and authorizing the City Manager to disburse the sum of $1,634.68 from Account Number 1720 -4680, "Equipment Maintenance - Outside Services." (Administration /Public Works Dept. 3/5 Resolution No. 101 -95 -9650 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, ratifying an emergency expenditure of $1,496.83 for emergency repairs to refuse Collection Truck #21 -41, and charging the disbursement to Account No. 1760- 4680, "Maintenance and Repair- Outside Services." (Administration /Public Works Dept.) 3/5 Agenda July 18, 1995 1 Resolution No. 102 -95 -9651 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $54,549.00 for the purchase of Trash Crane for use by the Public Works Department and charging the disbursement to Account No. 1720 -6430; "Equipment Operating; Solid Waste ". (Administration /Public Works Dept.) 3/5 Resolution No. 103 -95 -9652 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, ratifying the purchase of the Hydraulic container attachment for Refuse Collection Truck #21 -39 (New Truck), and authorizing the City Manager to disburse the sum of $2,525.00 from Account No. 1720 -5240, "Equipment Maintenance- Parts." (Administration /Public Works Dept.) 3/5 Resolution No. 104 -95 -9653 12. A Resolution of the Mayor and City Commission of the City of South Miami, authorizing the City Manager to issue open purchase order to various vendors that have been determined to offer the best prices on goods and /or services that the City uses on a continuous basis and approving the disbursement of funds to pay for these goods and /or services. (Administration) 3/5 Resolution No. 105 -95 -9654 13. A Resolution of the Mayor and City Commission of the City of South Miami authorizing the City Manager to issue a purchase order in the name of AMI Computers for renewal of annual maintenance contract on Finance Department's Equipment and approving the disbursement of an amount not exceeding $5,500.00 be charged to Account #01 -1410 -4620 titled "Maintenance - Operating Equipment ", as payment for the contract. (Administration) 3/5 Resolution No. 106 -95 -9655 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse up to the sum of $135,440.00 to pave streets within the City's boundaries and charge the expenditure to the Local Option Gas Tax Trust Fund -2, Fund 112. (Administration) 3/5 Agenda July 18, 1995 2 Resolution No. 107-95-9656 15. A Resolution of the Mayor and City Commission of the City of South Miami authorizing the City Manager to sign a one -year agreement with AMI Computer Services for maintenance of city - owned PC Equipment and approving the disbursement for the service to be charged to Account NO. 01- 2100 -4635, titled "Non- Departmental- Maintenance PC Equipment." (Administration) 3/5 Resolution No. 108 -95 -9657 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, ratifying the acceptance of donations to offset the cost of the Fourth of July Celebration of $1,200.00, and authorizing the City Manager to disburse the sum of $1,200.00 from Account No. 131 -100, "Donation." (Administration /Parks & Recreation Dept.) 3/5 Resolution No. 109 -95 -9658 17. A Resolution of the Mayor and City Commission of the City of South Miami authorizing the City Manager to disburse the sum of $6,000.00 to The Red /Sunset Merchants Association as 1994- 95 City's Contribution towards promotion of Downtown Business District and approving the payment to be charged to Account No. 01 -1100- 9900, titled "Contribution- Special Events." (Administration) 3/5 Resolution No. 110 -95 -9659 18. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to enter an amended contract with the Dade County Office of Community Development to provide trees and related street modifications in the Community Development area during 1995. Funds for this purpose will be placed in Account No. 14- 0330.100; "Intergovernmental Revenues Community Development Grant Funds." (Administration) 3/5 Resolution No. 111 -95 -9660 19. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse up to the sum of $6,200.00 to upgrade the street lights on SW 64 Street, from SW 62 Avenue to SW 69 Avenue and charging the expenditure to the Local Option Gas Tax Trust Fund -2, Fund #12. Agenda July 18, 1995 3 Resolution No. 112 -95 -9661 20. A Resolution of the Mayor and City Commission of the City of South Miami, Florida appointing additional members to the Development Action Committee to serve in such capacity until June 6, 1995 (Mayor Carver) 3/5 Consent Agenda was moved by Commissioner Bass, seconded by Commissioner Cooper. Motion passed by a 4 -0 vote ORDINANCES) SECOND READING AND PUBLIC HEARING Ordinance No. 9 -95 -1582 21. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Article VII, Hometown District overlay ordinance, in order to provide regulations for outdoor seating /dining uses and areas; providing the City Manager with powers of approval and revocation; providing for powers to Building, Zoning and Community Development Department regarding Development Regulations; providing for an amendment to the fee charged for license; providing for severability; providing for ordinances in conflict; and providing for an effective date. (First Reading June 13, 1995) (Administration) 4/5 Moved by Commissioner Bass, seconded by Commissioner Cooper to adopt this ordinance. Motion passed by a 4 -0 vote. RESOLUTION(S) FOR PUBLIC HEARING 22. A Resolution of the Mayor and City Commission of the City of South Miami, Florida denying a request for a variance from Section 20 -4.4 (F) (3) , pursuant to Section 20 -5.9, of the Land Development Code, to permit one handicapped parking space to be located in the front yard setback of property which is located in the "RO" (Residential Office) Zoning District specifically located at 7633 SW 62 Avenue, South Miami, Florida 33143 and providing a legal description. (Administration) 4/5 This item was deferred until September 5, 1995. Agenda July 18, 1995 4 23. A Resolution of the Mayor and C' South Miami, Florida granting pursuant to Section 20- 4.4(H) of allow 40 percent reduction of consideration of metrorail usage in the MO(Medium- Intensity specifically located at 5996 Florida, 33143, and providing a (Administration) ity Commission of the City of a Special Parking Permit the Land Development Code to required on -site parking in for a Single Property located Office) Zoning District, SW 70 Street, South Miami, legal description. 4/5 This item was deferred until July 25, 1995. RESOLUTIONS) Resolution No. 113 -95 -9662 24. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, extending the Cable Television Franchise Agreement with Cable Satellite of Miami. (City Attorney Gallop) 3/5 Please note this item was added to the Agenda. Moved by Commissioner Bass, seconded by Commissioner Cooper. Motion passed by a 4 -0 vote. ORDINANCES) - FIRST READING 25. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Section 13 -24 for the City's Code of Ordinances, in order to provide for codification of a revised "Schedule of License Taxes" pursuant to Section 205 of Florida Statutes and the recommendations of the citizens' "Equity Study Commission "; providing for ordinances in conflict; and providing an effective date. (Administration) 3/5 Moved by Commissioner Bass, seconded by Commissioner Cooper to approve on first reading with second reading and public hearing scheduled for August 15, 1995. Motion passed by a 4 -0 vote. 26. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending Ordinance No. 14 -90 -1454, as amended by 92 -1501, as amended by 92 -1512, by adding a new permit fee refund schedule, time limitation, and cancellations; providing for severability; providing for ordinances in conflict; and providing an effective date. (Administration) 4/5 Moved by Vice Mayor Young, seconded by commissioner Bass to approve on first reading with second reading at public hearing schedule for August 1, 1995. Motion passed by a 4 -0 vote. Agenda July 18, 1995 5