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"
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE CITY MANAGER TO 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.
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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
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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.
OFFICE USE ONLY :
DATE FILED
ACCEPTED
REJECTED
DATE PB HEARING
COMMISSION
PETITION
REQUIRED
ADVERT DEADLINE
OTHER INFO
PETITION
ACCEPTED
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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.
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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
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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
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Mobile Food Ve
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Monument Sales
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Liquor Store
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11
Lumber & Building Materials Store
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11
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Mobile Food Ve
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Monument Sales
P
11
Motorcycle Dealer
ISIS
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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
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7
Restaurant, Walk Up
S
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7
Sewing. ee o or Gggds Store
Shoe Store
P
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11
Small Restaurant
S
19
12
Sporting Goods Store
Tobacco Shop
S
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P
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16
11
Used Merchandise Store:Antiques
P
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Used Merchandise Store:Consianment Goodsl
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Used Merchandise Store:Secondhand Goods
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Used Merchandise Store:Vehicle Parts
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Variety Store
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Wholesale Sales & Storage
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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-
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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.
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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
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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
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APPLICANT: Androiolnk; s korecs i IA C.
OWNER:
MAP REFERENCE: ���� C �SNr,SC� � �I�• ?� Sf
COMMENTS: V
CITY oG MUN MIAMI ^ PLANNING 50ARD
Compass
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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.
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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.
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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.
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RESOLUTION NO. #
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 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
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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.
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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.
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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.
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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.
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22 Commissioner Cooper stated that if the Commission could put in
23 some safeguards he would be more comfortable with it.
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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.
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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.
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36 Mayor Carver said the information should consist of whatever
37 was presently in effect.
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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."
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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
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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
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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
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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.
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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 !�-
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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
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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.
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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.
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25 There being no further discussion this motion passed by a 5 -0
26 vote.
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28 Commissioner Cooper: Yea
29 Commissioner Bass: Yea
30 Vice Mayor Young: Yea
31 Commissioner Cunningham: Yea
32 Mayor Carver: Yea
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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.
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40 Commissioner Cooper: Yea
41 Commissioner Cunningham: Yea
42 Commissioner Bass: Yea
43 Vice Mayor Young: Yea
44 Mayor Carver: Yea
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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.
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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.
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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
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AREAS; PROVIDING THE CITY MANAGER WITH POWERS OF
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APPROVAL AND REVOCATION; PROVIDING FOR POWERS TO
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BUILDING, ZONING AND COMMUNITY DEVELOPMENT DEPARTMENT
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REGARDING DEVELOPMENT REGULATIONS; PROVIDING FOR AN
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AMENDMENT TO THE FEE CHARGED FOR LICENSE; PROVIDING FOR
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SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
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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.
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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.
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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 +�
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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.
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12 Vice Mayor Young asked for clarification on the amendment.
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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.
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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).
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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9
10
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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.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2�v'
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INTER- OFFICE MEMORANDUM
To: Mayor and City Commission
rom: ddie Cox
City Manager
Date: July 7, 1995
Sub: Agenda Item #IV
Comm.Mtg. 07/18/95
Amendment of
OCD Contract
This resolution authorizes amendment of the contract with Dade
County Office of Community Development for an increase of
$55,000 to provide trees and related street modifications in the
Community Development area during 1995.
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
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CDE'j'Y C31F ®U`_°H M=AMA
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission
Fr ddie Cox
City Manager
/
Date: July 10, 1995
Agenda Item #/f7
Re: Comm. 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
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA , AUTHORIZING THE CITY MANAGER TO 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
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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
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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
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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
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= NOTICE OF PUBLIC HEARING
® CITY OF SOUTH MIAMI
® Building, Zoning & Community Development Department
6130 Sunset Drive, 2 °d Floor; South Miami, Florida 33143
Phone: (305) 663 -6325; Fax #: (305) 666 -4591
On Tuesday, June 27, 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).
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.
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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.
APPROVED:
ATTEST:
4c3i- v Clerk
READ AND APPROVED AS TO FORM:
City Attorney
or
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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