01-04-94OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, FL 33143
REGULAR CITY COMMISSION MEETING
January 4, 1994
7:30 p.m.
v
Next Commission Meeting: 1/18/94
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of
America
C. Presentations:
D. Items for Commission Consideration:
1) City Manager's report
2) City Attorney's report
ORDINANCE - 2ND READING AND PUBLIC HEARING:
None
RESOLUTIONS FOR PUBLIC HEARING:
None
RESOLUTIONS•
3. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida; authorizing the City Manager to execute
a contract with the City's Consulting Engineer, C.A.P.
Engineering Consultants, Inc. to provide the preliminary
Engineering Design at a total cost not to exceed $2,440.00 and
final plans at a total cost not to exceed $6,680.00 for the
first phase implementation of the Hometown Plan, known as the
SW 59 Avenue project and charging the disbursements to Account
Number 2100 -6440: "Non- Departmental, Capital Improvement."
(Mayor McCann) 3/5
4. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing a waiver of bid procedures
for the City's Recreation Department for the purchase of
fireworks for the City's Fourth of July Celebration, upon the
basis that there is one source of supply, authorizing an
expenditure not to exceed $4,851.00 to Zambelli International
Fireworks Co. for these fireworks; charging the disbursement
to Account No. 2000 -4820: "Recreation - Fourth of July Fire
Fireworks."
(Administration) 3/5
ORDINANCES - 1ST READING:
5. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida; amending Section 20 -6.2 (A) of the Land
Development Code by providing the appeal period of seven
calendar days from the posting of meeting results shall not
pertain to single family residential dwellings, except for new
construction or additions to existing dwellings; providing for
severability; providing for ordinances in conflict; and
providing an effective date.
(Mayor McCann) 4/5
OFFICIAL AGENDA
January 4, 1994
page 2
ORDINANCES - 1ST READING:
6. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida; amending Section 20 -5.11 (D) of the Land
Development Code by eliminating Environmental Review and
Preservation Board Review of additions or alterations to
single family residential dwellings, except for installation
of sidewalks; providing for severability; providing for
ordinances in conflict; and providing an effective date.
(Commissioner Carver) 4/5
REMARKS:
None
PURSUANT TO FLA STAT. 266.0205, 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 OF OTHERWISE INADMISSIBLE OR
IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS
NOT OTHERWISE ALLOWED BY LAW.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE CITY'S CONSULTING ENGINEER,
C.A.P. ENGINEERING CONSULTANTS, INC. TO
PROVIDE THE PRELIMINARY ENGINEERING DESIGN, AT
A TOTAL COST NOT TO EXCEED $2,440, AND FINAL
PLANS, AT A TOTAL COST NOT TO EXCEED $6,680,
FOR THE FIRST PHASE IMPLEMENTATION OF THE
HOMETOWN PLAN, KNOWN AS THE SW 59th AVENUE
PROJECT AND CHARGING THE DISBURSEMENTS TO
ACCOUNT NUMBER 2100 -6440: "NON-DEPARTMENTAL,
CAPITAL IMPROVEMENT."
WHEREAS, the Hometown, Inc. plan for the SR District
has been approved by the City Commission; and
WHEREAS, the first phase of the plan is the SW 59th
Avenue project; and
WHEREAS, the City Commission is desirous of
implementing the SW 59th Avenue project as phase one.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is authorized to
execute a contract with C.A.P. Engineering Consultants, Inc. for
preliminary design of SW 59th Avenue pursuant to the Hometown
Plan at a cost not to exceed $2,440.
Section 2. That the City Manager is authorized to
execute a contract with C.A.P. Engineering consultants, Inc. for
final plans of SW 59th Avenue pursuant to the Hometown Plan at a
cost not to exceed $6,680.
Section 3. That the disbursements for this project be
charged to account number 2100 -6440: "Non- Departmental, Capital
Improvements."
PASSED AND ADOPTED this day of January, 1994.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
3
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF'THE MAYOR AND CITY.COMMI813I0N OF'THR
CITY OF SOUTH MIAMI, FLORIDA -AMO'RIZING A •WAIVER OF
BID PROCEDURES FOR THE CITYIB RECREATION DEPARTMENT
FOR THE PURCHASE OF FIREWORKS FOR THE CITY'S FOURTH OF
JULY CELEBRATION, UPON THE BASIS THAT THERE IS ONE
SOURCE OF SUPPLY, AUTHORIZING AN EXPENDITURE NOT TO
EXCRED 8 4,851.00 TO ZAMBELLI INTERNATIONAL FIREWORKS
CO. FOR THESE FIREWORKS; CHARGING THE DISBURSEMENT TO
ACCOUNT NO. 2000 -4820: "RECREATION - FOURTH OF JULY
FIREWORKS ".
WHEREAS, the City Commission of South Miami has annually
provided fireworks for the City's Fourth of July Celebration; and
WHEREAS, the Recreation Department has inquired with various
suppliers to determine the availability of the fireworks
required; and
WHEREAS, the results of that inquiry have been that only
Zambelli Fireworks Co. provides this material; and
WHEREAS, Article III, Section 5 H of the City Charter
requires competitive bids from at least three different sources
of supply, if available, such determination to be made by the
City Commission,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Sectioll 1. The Mayor and City Commission of the City of
South Miami, Florida do hereby authorize the City Administration
to waive the bid procedure set forth in Article III, Section 5 H
of the City Charter, for the purchase of fireworks for the City's
Fourth of July Celebration upon the basis that this equipment is
only available from a single source of supply.
gactign 2. That the City Administration be, and hereby is,
authorized to expand a sum not to exceed 0 4,851.00 to Zambelli
International Fireworks Co. for the purchase of fireworks.
Section 3. That the disbursement be charged to account no.
2000 -4820: "Recreation - Fourth of July Fireworks ".
PASSED--AND ADOPTED this th day of January, 1994.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
4
APPROVED:
MAYOR
V
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -6.2
(.A) OF THE LAND DEVELOPMENT CODE BY PROVIDING THE
APPEAL PERIOD OF SEVEN CALENDAR DAYS FROM THE POSTING
OF MELTING RESULTS SHALL NOT PERTAIN TO SINGLE FAMILY
RESIDENTIAL DWELLINGS, EXCEPT FOR NEW CONSTRUCTION OR
ADDITIONS TO EXISTING DWELLINGS; PROVIDING FOR
3EVERXEILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami has heretofore enacted a
Land Development Code, which Code provides for an Environmental
Review and preservation Board (ERPB) and in Section 20 -6.2 (A)
specifically provides:
All decisions and recommendations of the
Environmental Review and Preservation Board
(ERPB) shall be considered final unless,
within seven (7) calendar days after the
posting of the results of said meeting, which
f
results must be posted on the City Hall
bulletin board within 24 hours, an appeal to
the City Commission shall be filed with the
City Clerk upon a form prescribed therefore.
Appeals may taken by the applicant,
Interested citizens, or City Administration.
; and
WHEREAS, experience has shown a seven (7) day waiting period
can work a hardship to a successful homeowner applicant, while
eliminating the waiting period would not prejudice interested
citizens nor the City Administration;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -6.2 (A) of the Land Development Code
be, and hereby is, amended to read as follows:
All decisions and recommendations of the
Environsental Review and Preservation Board
(ERPB) with regard to single family
residential dwellings shall be considered
final when rendered, except for new
construction or additions to existing single
family dwellings.
section 2. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent Jurisdiction, 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 hereby are, repealed.
Section 4, This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of , 1994.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
s
APPROVED:
MAYOR
�a
ORDINANCE NO.
AN ORDINANCE Of THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AHRNDING SECTION 20 -5.11
(D) or THE LAND DEVELOPMENT CODE BY ELIMINATING
ENVIRONMENTAL REVIEW AND PRESERVATION BOARD REVIEW OF
ADDITIONS OR ALTERATIONS TO SINGLE FAMILY RESIDENTIAL
DWELLINGS, EXCEPT FOR INSTALLATION OF SIDEWALKS;
PROVIDINd FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIV9 DATE.
WHEREAS, the City of South Miami has heretofore enacted a
Land Development Coda, which Code provides for an Environmental
Review and Preservation Board (ERPS) review of certain aapeets of
all site plena in Section 20 -5.11 (S) and in Section 20 -5.11 (D)
provides for exceptions for single family residential dwellings;
and
WHEREAS, the Mayor and City Commission find that there is no
municipal purpose in requiring RRPB review for additions or
alterations to single family residential dwellings (other than
instillation of sidewalks);
NOW, THEREFOREp BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH ?MIAMI, FLORIDA:
Section 1. Section 20- -5.11 (D) of the Land Development
Code be, and hereby iss, amended to read as follows:
Notwithetandinq any other zequlatlons of this Code, the
Environmental Review and Preservation Board shall not
review any additions or alterations to single family
residential dwellings, except for the installation of
:sidewalks along all arterial roadways and compliance
with the City's sidewalk policies and requirements.
Pop}on 2-L If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent Jurisdiction, 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 hereby are, repealed.
r�
SaGtiQ_n �4_ This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this flay of r 1994.
APPROVED
MAYOR
ATTUT s
CITY CLERX
READ AND APPROVED AS TO FORM:
CITY ATTORNRY
2
IN