02-01-94OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, FL 33143 T7
REGULAR CITY COMMISSION MEETING
February 1, 1994
7:30 p.m. Next Commission Meeting: Special 2/9/94
Regular 2/15/94
A.
Invocation
B.
Pledge of Allegiance to the Flag of the United States of
America
C.
Presentations:
D.
Items for Commission Consideration:
1) Approval of Minutes - 1/18/94
2) City Manager's report
3) City Attorney's report
ORDINANCE - 2ND READING AND PUBLIC HEARING:
4.
An Ordinance of the City of South Miami, Florida, amending the 1
Land Development Code of the City of South Miami, Florida by- �3
/
providing a definition for tea -rooms and bed and breakfast\
facilities in Section 20 -2.3; permitting tea -rooms and bed and
O
breakfast facilities under Section 20 -3.3 (E) of the permitted ^1�
use schedule; providing for severability, ordinances in �'
conflict, and an effective date.
(Vice -Mayor Cooper) 3/5
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 changing the posting the results of
Environmental Review and Preservation Board (ERPB) meetings to
immediately after the meeting; by allowing building permits
afternoon of the day following the ERPB meeting, if other
conditions are met; and allowing appeals of ERPB decisions at
any time before a building permit is issued; providing for
severability; providing for ordinances in conflict; and
providing an effective date.
(Mayor McCann) 4/5
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
7. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida; amending Section 20 -2.3 of the Land
Development Code of the City of South Miami to provide a
definition for "church, mosque, synagogue or temple" providing
for severability; providing for ordinances in conflict; and
providing an effective date.
(Mayor McCann y ISV 4 / 5
8. An Ordinance of the Mayor and City CommiQ/ssi7lon of the City of
O South Miami, Florida, designating the place of polling, date
and time of a Special City Election to be held in conjunction
with a Regular City Election on February 8, 1994.
(City Attorney) 3/5
s D
OFFICIAL AGENDA
February 1, 1994
page 2
RESOLUTIONS FOR PUBLIC HEARING:
none
RESOLUTIONS• Al J1A -2 /
9.
10.
11.
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to execute
a twelve months' lease renewal for a storage facility for the
Warehousing of Vehicles held by the Police Department pursuant
to the Florida contraband forfeiture Act; authorizing an
expenditure not to exceed $8,024.00 and charging the
disbursement to Account Number 08- 1910 -4400 "Forfeiture Fund -
rentals and leases."
0— 134 9�111Z (Administration) 3/5
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the expenditure by the
Administration of a sum not to exceed $2,049.00 for the
purchase of one computer and printer for the building, zoning
and Community Development Department from Gateway 2000 and
charging the disbursement from Account Number 1610 -6430
"Operating Equipment."
L(Administration) 3/5
A Resolution of the Mayor and The City Commission of the City
of South Miami, Florida establishing a color palette list for
the Hometown District per Section 20 -7.24 of the Land
Development Code and establishing a pre- approved screening
system for machinery in the Hometown District per Section 20-
7.22 (C) of the Land Development Code.
(Administration) 3/5
ORDINANCES - FIRST READING:
REMARKS:
Raymond A. Melton, owner of property located at: 4032 SW 62 Avenue,
South Miami, FL 33155, to discuss development of two residential
lots.
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 OF OTHERWISE INADMISSIBLE OR
IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS
NOT OTHERWISE ALLOWED BY LAW.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION FOR TEA-
ROOMS AND BED AND BREAKFAST FACILITIES IN SECTION 20-
2.3; PERMITTING TEA -ROOMS AND BED AND BREAKFAST
FACILITIES UNDER SECTION 20.3.3 (E) OF THE PERMITTED
USE SCHEDULE; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use of
Tea -rooms and Bed and Breakfast facilities; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for Tea - rooms and Bed and
Breakfast facilities in the permitted use schedule;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Sect on 1. That Section 20 -2.3 DEFINITIONS be, and hereby
is; amended as follows:
TEA -ROOM. Shall mean a room or shop whew teak a�
refreshments ze served t o customers. SO u
% )v t -
BED AND BREAKFAST. Shall mean a private residence, rooms L 4
- Irate r�G�
of which ax- w a- s-149- for overnight guests whose paid
accommodations include breakfast.
Section 2. Section 20 -3.3 (E) be, and hereby is, amended
to include the iollowing additional uses:
C P
ZONING DISTRICTS 0 A
R L M N 3 G I H D K
0 0 0 R R R S G
Tea -room P 12
Bed and Breakfast P 4
4
Section 1. 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 4. All ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section S.- This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of , 1993.
APPROVED:
N71YOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
F
y
M Z N U T E S
P L A N N I N G B O A R D
Tuesday, December 28, 1993
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 Call. Present Absent
Robert Parr
Paul Eisenhart
Manuel Gutierrez
Cindy Thorner
John Lefley
Dianne Wright
Rick Jorczak
Also present: Planner Mackey and Board Secretary DeLisa.
III. Approval of the Minutes of November 30, 1993.
Mr. Gutierrez made a motion to approve the Minutes of November 30,
1993 as amended. Second to the motion made by Ms. Thorner.
Vote:
Approved: 5 Opposed: 0
IV. Public Hearings:
P B— 9 3-0 3 1
Applicant:
City Commission
Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA;
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF
TEA -ROOMS AND BED AND BREAKFAST FACILITIES -IN
SECTION 20 -2.3; PERMITTING TEA -ROOMS AND BED AND
BREAKFAST FACILITIES UNDER SECTION 20- 3.3(E) OF THE
PERMITTED USE SCHEDULE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
Mr. Eisenhart read the request. Planner Mackey offered to answer
any questions the Board members may have. There being none,
Chairman Parr opened the public hearing. Since there was no one
present to speak either for or against the request, he declared the
public hearing closed and the meeting to be in executive session.
PB Minutes
� 1
12 -28 -93
Mr. Lefley noted that the term "other refreshments" seemed to be
all- inclusive, generic and could mean alcoholic beverages. Mr.
Mackey advised that in order to serve alcoholic beverages to a
customer on the premises, an alcoholic beverage license must be
issued. This is regulated elsewhere in the Code of Ordinances.
The conditions are the same as regards a small restaurant. Mr.
Lefley asked for the difference between a tea -room and a
restaurant? Mr. Mackey said that a restaurant is perceived to have
a different nature than a tea -room.
Referring to the term "several rooms" in the section regarding bed
& breakfast, Mr. Lefley felt that this, too, is a generic term.
Mr. Mackey advised that the definition for bed & breakfast comes
from the dictionary. Mr. Eisenhart said that the term is not
identified in the code of the City of Miami and that there are
several other terms in the code which may be applied to this
subject. The Board's consensus is that the terms in this request
are too broad.
Mr. Eisenhart made a motion to approve PB -93 -031 with the following
editorial modifications: In the ordinance itself, fourth line,
place a comma after "rooms"; in section 1 of the ordinance, the
last section would read "shall mean a room or shop where tea,
refreshments, and food are served to customers ". The next line,
"bed and breakfast shall mean an owner occupied private residence
of which not more than 4 rooms are set aside for any overnight
guests whose paid accommodations include breakfast ". Section 2,
Sub - section 20 -3.3 -D is hereby amended to include "additional
uses ". Mr. Gutierrez seconded the motion.
Vote: Approved: 5 Opposed: 0
Mr. Eisenhart made a motion recommending that the City Commission
look further at this ordinance with the idea that it be allowed in
any and all the City's residential zoning districts. Motion dies
for lack of a second. Ms. Thorner asked that the request be
amended to specify to include RS -1 District only. Mr. Eisenhart
made a motion recommending that the City Commission specifically
look at allowing bed & breakfasts in the RS -1 zoning distrijt.
Motion seconded by Ms. Thorner.
Vote: Approved: 5 Opposed: 0
V. Remarks. None.
VI. Adjournment.
Chairman
PB Minutes
Z,
2
Secretary
12 -28 -93
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CLTY_OF SOUTH. MIAMI., - FLORIDA.- - AMENDING SECTION. 20 -6.2
(A) OF THE LAND DEVELOPMENT CODE BY CHANGING THE
POSTING THE RESULTS OF RNVIRONMENTAL REVIEW AND
PRESERVATION BOARD (ERPE) MEETINGS TO IMMEDIATELY AFTER
THE MEETING; BY ALLOWING BUILDING PERMITS AFTER NOON OF
THR DAY FOLLOWING THR ERPB MEETING, IF OTHER CONDITIONS
ARE MET; AND ALLOWING APPEALS OF ERPB DECISIONS AT ANY
TIME BEFORE A BUILDINGS PERMIT IS ISSUED; PROVIDING FOR
SEVRRA$ILITY; 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)
j.
specifically provides:
All decisions and recommendations of the
Environmental Review and Preservation Board
(ERPB) with regard to single family
residences shall• be considered final when
rendered. All other decisions and
recommendations of the Environmental Review
and Preservation Board (ERPB) shall be
considered final unless, within seven (1)
calendar days after the posting of the
results of said meeting (which 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 7 day appeal period after an
application's approval can work a hardship to a successful
applicant, and that ERPB Meeting results can and have been posted
immediately following the Meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
S
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 Environmental
Review and Preservation Board (ERPB) shall be posted
on the City Hall bulletin board immediately following
the ERPB meeting. An applicant may obtain a building
permit after noon of the day after the ERPB meeting, at
which the application was approved, it all other
requirements for the permit have been met. An appeal
of an ERPB decision or recommendation may be filed at
any time before a building permit is issued by filing
same with the City Clerk upon a form prescribed
therefore. Appeals may be taken by the applicant,
interested citizens, or the City Administration.
Sec jRn 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 , 1993.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
5
ORDINANCE NO.
AN ORDINANCE OF THZ MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA XWRNDING SECTION 20 -5.11
(D) OF THE LAND DRVELOPMENT CODS BY ELIMINATING
$NVTRONMENTAL REVIEW AND PRZOERVATION BOARD REVI$N OF
ADDITIONg OR ALTERATIONS TO SINGLE FAMILY RESIDENTIAL
DWELLINGS, EXCEPT FOR INSTALLATION OF SIDEWALKS;
PROVIDING FOR 3EVZRABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN SPYNCTIVP DATE.
WHZR$AS, the City of South Miami has heretofore enacted a
Land Development Code, which Code provides for an Environmental
Rrview and preservation Hoard (ERPS) review of aertain aapects of
all site plena in Section 20 -5.11 (a) and in Section 20 -5.11 (D)
provides for exceptions for single family residential dwellings;
and
WHEREAB, the Mayor and City Commission find that there in no
municipal purpose in requiring RRPB review for additions or
alterations to single family residential dwellings (other than
installation of sidewalks);
NOW, THBREFORE, 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 is, amended to read as follows:
C�
Notwithetandinq any other regulations 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.
gsgtion 2. It 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 name hereby are, repealed.
Section 4. This Ordinance *hall take effect immediately at
the time of its pancoge.
PASSED AND ADOPTED this flay of , 1994.
APPROVED:
KI►YOR
ATTR9T:
CITY CLRRK
READ ARID APPROVED AS TO FORM:
CITY ITTORNRY
6
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3
OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI TO PROVIDE A DEFINITION FOR "CHURCH, MOSQUE,
SYNAGOGUE, OR TEMPLE "; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami has heretofore enacted a
Land Development Code, which in Section 20 -3.3 (D) provides for
both zoning districts and the special conditions in such
districts for a "church, temple, or synagogue "; and
WHEREAS, there presently is no definition of a "church,
temple, or synagogue" in the Code, such that there is no
certainty as what is the nature of a "church, temple, or
synagogue" use; and
WHEREAS, the Mayor and City Commission find that "church,
mosque, synagogue, or temple" is a building and /or other
structure or a group of buildings and structures which by design
and construction are intended for organized worship and commonly
related services, such as educational, recreational, and social
services, including daycare;
NOW, THEREFORE; BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF -*SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 of the Land Development Code of
the City of South Miami, Florida be, and hereby is, amended to add
the following definition:
CHURCH, MOSQUE, SYNAGOGUE, OR TEMPLE. Shall mean a building, a
building and other structures, or a group or buildings and structures
which by design and construction are intended for organized worship
and commonly related services, such as educational, recreational, and
social services, including day care.
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
7
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 th day of , 1993.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED A3 TO FORM:
CITY ATTORNEY
2
1�
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, DESIGNATING THE PLACE OF POLLING, DATE
AND TIME OF A SPECIAL CITY ELECTION TO BE HELD IN CONJUNCTION
WITH A REGULAR CITY ELECTION ON FEBRUARY 8, 1994.
WHEREAS, the City Charter provides for the regular City
election to be held during February of each even year; and
WHEREAS, the City of South Miami will hold a special election
in conjunction with the regular election; and
WHEREAS, the Code of Ordinances of the City provides that the
City Commission shall designate the polling place, date and time of
the'City elections.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That there will be a special election of the City
held in conjunction with the regular election of the City on
Tuesday, February 8, 1994, at the Dade County Library, 6000 Sunset
Drive, South Miami, Florida.
Section 2. That the polling place for said regular and
special election of the City will be open from 7:00 A.M. until 7:00
P.M. as prescribed by law.
PASSED AND ADOPTED this day of , 1994.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
14 61JO
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY.OF -SOUTH MIAMI, FLORIDA - AUTHORIZING THE-CITY
MANAGER TO EXECUTE A TWELVE MONTHS' LEASE RENEWAL FOR A
STORAGE FACILITY FOR THE WAREHOUSING OF VEHICLES HELD
BY THE POLICE DEPARTMENT PURSUANT TO THE FLORIDA
CONTRABAND FORFEITURE ACT; AUTHORIZING AN EXPENDITURE
NOT TO EXCEED $ 8,034.00 AND CHARGING THE DISBURSEMENT
TO ACCOUNT NO. 08 -1910 -4400 "FORFEITURE'FUND - RENTALS
AND LEASES"
WHEREAS, the Police Department has With certain regularity
cove into temporary possession of motor vehicles pursuant to the
Florida Forfeiture Contraband Act; and
WHEREAS, court decisions have held those in such temporary
possession responsible for damage to the vehicle in the event of
their return to the titled owner; and
WHEREAS, in the event of a forfeiture, the vehicle's value
to the Police Department likewise depends upon its good
condition; and
WHEREAS, therefore, the Police Department of South Miami
wishes to renew its lease on warehouse space to provide for the
safeguarding of vehicles held by the Police Department pursuant
to the Florida Contraband Forfeiture Act; and
WHEREAS, the Chief of Police has previously certified the
requested disbursements comply with the provisions of Florida
Statute 932.704 (3);
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission of the City of
South Miami, Florida do hereby authorize the City Manager to
execute a lease renewal for the storage of motor vehicles held by
the South Miami Police department pursuant to the Florida
Contraband Forfeiture Act for a sum not to exceed S 8,034.00 for
a twelve months' lease ($ 669.50 per month) for the period March
1, 1994 through February 28, 1995.
Section 2. That the disbursement be charged to account
no. 08- 1910 -4400 "Forfeiture Fund - Rentals and Leases ".
PASSED AND ADOPTED this day of- February, 1994.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
-9
EXTENSION OF LEASE AGREEMENT
AGREEMENT made and entered into this day of January, 1994 by
and between SHOPCEN 11 INVESTMENTS, hereinafter referred to as
"Lessor" and CITY OF SOUTH MIAMI, hereinafter referred to as
"Lessee;" — -
RSCITAL8:
1. The parties hereby are bound by that - certain Business Lease
dated March 31, 1993, for the premises commonly known as 4818
Southwest 15 Avenue, Miami, Dade County, Florida 33155.
2. The parties desire to enter into a new agreement extending
the term and :codifying certain provisions of the aforementioned
Lease.
IN CONSIDERATION of the mutual covenants contained herein, the
parties agree as follov5:
1. That the Lease shall be extended from March 1, 1994 through
February 28, 1995. The total annual rental for the premises shall be
Eight Thousand Thirty Four and 00 /100 Dollars (S 6,034.001, payable
monthly at the rate of Six Hundred Sixty Nine and 50/100 Dollars
(8 669.50).
2. The Lessee shall not pay unto the Lessor any additional
security deposit for the faithful performance by the Lessee of all
the terms and conditions of said Lease.
All other provisions of the Lease are incorporated herein and
are modified hereby to conform herewith, but in all other respects,
are to be and shall continue in full force and effect.
IN WITNESS WHERBOP, the parties have executed the foregoing
Extension of Lease agreement the day and year first above written.
WITNESSETH:
Lessor: SHOPCEN II INVESTMENTS
By: Jack Calderon, President
Gibraltar Realty & Management
Exclusive Leasing Agent for
SHOPCEN II INVESTMENTS
Lessee: CITY OF SOUTH MIAMI
William F. Hampton,
City Manager
EXTENSION OF LEASE AGREEMENT
AGREEMENT made and entered into this day of anua
, 19CIL4 - by and between SHOPCEN II INVESTMENTS,
hereinafter referred to as "Lessor" and a Mt' mi %lice
�". hereinafter referred to as "Lessee;"
RECITALS:
1. The parties hereby are bound by that certain Business
Lease dated MQarch 31 Igg3 for the premises
commonly known as zH:)Ipj .0Lj_+ku)6+ 75 �'1UC. M1Llnril
--;r,rly Inin41% T1r\ririn IkAlli;
2. The pa =ties desire to enter into a new agreement extendinu
the terms and modifying certain provisions of the aforementioned
Lease.
IN CONSIDERATION of the mutual covenants contained herein,
the parties agree as follows:
1. That the Lease shall be extended from M ar di 1, Igqq
through TebrunN Zh, 1945 Monthly rental for the premises
shall be No_ een�5 --
($-803q.00 ) TAY ,, es",
2. The Lessee agrees to pay unto the Lessor the sum of
0 — — ($
representing additional security deposit for the faithful performance
by the Lessee of all the terms and conditons of said Lease.
3. The
water and sewer consumpti
reevaluation period_i,Cdlly.
4
to pay a f ak-- -- 520.00 per month charge for
aid subject to change and
A.11 other provisions of Lhe Lease are incorporated herein and
are modified hereby to conform herewith, but in all other respects,
are to be and shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed the foregoing
Extension of Lease agreement the day and year first above written.
WITNESSETH:
I
SHOPCEN II INVESTMENTS
By: Jack Calderon, Preside nt
Gibraltar Realty & Management, Inc.
Exclusive Leasing Agent for
SHOPCEN II INVESTMENTS
Lessee: CiTYOF 560LLrH MIAMI
PO1.lGE DEpARTMeWT
By : Capfain Greg Feid.# n, A s A 9 en
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE EXPENDITURE
BY THE ADMINISTRATION OF A SUM NOT TO EXCEED $2,049.00
FOR THE PURCHASE OF ONE COMPUTER AND PRINTER FOR THE
BUILDING, ZONING AND COMMUNITY DEVELOPMENT DEPARTMENT"
FROM GATEWAY 2000 AND CHARGING THE DISBURSEMENT FROIC I"
ACCOUNT NUMBER 1610 -6430 "OPERATING EQUIPMENT ".
WHEREAS, pursuant to the 1993 -94 budget of the City of South
Miami, Florida, the Building, Zoning and Community Development
Department was authorized to purchase one computer and printer;
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 is to be made by the Commission;
and,
WHEREAS, the results of the administration's inquiry have been
that the overall lowest price was from Gateway 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The administration be, and hereby is, authorized to
disburse the sum of $2,049.00 to Gateway 2000 for the purchase of
one computer and printer for the Building, Zoning and Community
Development Department.
Section 2. That the disbursement be charged to account number
1610 -6430 "Operating Equipment ".
PASSED AND ADOPTED this 1st day of February, 1994.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
10
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ESTABLISHING A COLOR PALETTE
LIST FOR THE HOMETOWN DISTRICT PER SECTION 20 -7.24 OF THE
LAND DEVELOPMENT CODE AND ESTABLISHING A PRE - APPROVED
SCREENING SYSTEM FOR MACHINERY IN THE'-HOMETOWN DISTRICT
PER SECTION 20 -7.22 (C) OF THE LAND DEVELOPMENT CODE.
WHEREAS, on October 19th, 1993, the City Commission adopted
Sections 20 -7.1 through 20 -7.28 of the Land Development Code, also known
as, Article VII, the "Hometown District Overlay Ordinance "; and,
WHEREAS, Section 20 -7.24 states that "The Color Palette List shall
be. established by the Commission after ERPB recommendation"; and,
WHEREAS, Section 20 -7.22 (C) states that "Any machinery as defined
in Section 20 -3.6 (Q) of the Code shall be screened from view using
either one of the screening systems pre- approved by the ERPB and pre -
approved by the City Commission, or a system specifically approved by
ERPB for applicant's project "; and,
WHEREAS, the Environmental Review & Preservation Board recommended
a Color Palette List at their Meeting on January 4, 1994, and the ERPB
has also pre- approved a screening system for machinery as defined in
Section 20 -3.6 (Q) on December 7, 1993;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the "Color Palette List recommended by the
Environmental Review & Preservation Board" be, and hereby is,
established as the official Color Palette List for the Hometown District
Overlay Ordinance, specified in Section 20 -7.24, and shall be maintained
on file in the Building, Zoning & Community Development Department.
Section 2. That the Pre - approved Screening System, attached hereto
as Exhibit A, be, and hereby is, pre- approved by the City Commission for
screening of any machinery, as defined in Section 20 -3.6 (Q), in the
Hometown District, specified in Section 20 -7.22 (C).
PASSED AND ADOPTED this 1st day of February, 1994.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF SOUTH MIAMI
Building, Zoning & Community Development Department
6130 Sunset Drive, 2nd Floor; South Miami, Florida 3314'_
Phone: (305) 663 -6327; Fax #: (305) 666 -4591
EXHIBIT A:
Pre- annroved Screenine System
Motion made by the Environmental Review & Preservation Board on December 7, 1993:
Mr. Hochstim moved to accept pre- approved any mechanical equipment screening with
aluminum system as shown on the diagram alternate A with the proviso that the color will
be to match the walls of the building and that the equipment be located as centrally on the
roof as possible; motion seconded by Ms. Wolfsohn; Approved: 4; Opposed: 1 (Jesmer).
I ••
2
�i
p4,AN v1 VJ - t.-r "Ar
GLgrs -o'AG(NG °� , ���` mitq • To 3��" MAX .
I2 SLY - / 1 Z7 A!_ t'NaLe
�1
x*" Ar+ .t I-rUjws o/l
-1
Y jeyV 1'�r
Wrr- -, peolar t lo��r I II
To
�Ir"(UM I �y�M��`FV1L
20-3.6 (Q) Screening of Exterior Heating, Ventilating, and Air Conditioning Equipment
(1} air - cooled condensing and/or compressor equipment, water cooling towers, and any other
similar mechanical or service equipment or apparatus i�ha�llebe screened from view by a
erected after the date of the passage of this
parapet wall or such other screening device as shall be approved by the Environmental
Review and Preservation Board. Such screening shall be constructed so as to conceal the
equipment visible in elevation.
(2) air- cooled condensing (excluding window and wall units), and/or compressor equipment,
water cooling towers, liquid propane gas tanks, irrigation pumps, pool equipment, and any
other similar mechanical or service equipment or apparatus installed after September 1,
1992, on the ground or on a building (other than on its roof) shall be screened from view,
at ground level outside the subject property, by the use of landscaping or such other
screening device as shall be approved by the Environmental Review and Preservation
Board.
a
REMARKS:
Raymond A. Melton, owner of property located at: 4032 SW 62 Avenue,
South Miami, FL 33155, to discuss development of two residential
lots.
January 25, 1994
Rosemary Wascura, CMC
City of Clerk
City of South Miami
Dear Mrs. Wascura:
I respectfully request to be put on the agenda of February 1st to ask for a resolution to
my problem dealing with my property at:
4032 S.W. 62nd Avenue
Miami, Florida 33155
I assume the commissioners are aware of the problem because I sent a letter to the City
Manager and copies to the Commissioners dated December 28, 1993.
Thank you.
Sincerely,
.. %cal., � -1 lily'►- s,�j1" — - ��� /.
Raymond A. Melton
u
SPECIAL CITY COMMISSION MEETING
FEBRUARY 9, 1994
8:00 P.M.
A. INVOCATION
B. PLEDGE OF ALLEGIANCE TO THE FLAG
RESOLUTIONS:
1. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, canvassing the election returns of the
of the Regular and Special Election held on February 8, 1994,
for the purpose'of electing a Mayor and Commissioners from
Groups I and II and a vote on a Charter Amendment to amend
Article II, Section 6 B (3) to require reading of only the
title of ordinances and declaring results of said election.
(City Attorney) (3/5)
THE HONORABLE ALAN GOLD
INSTALLATION OF MAYOR
THE HONORABLE WILLIAM JOHNSON
INSTALLATION OF COMMISSIONER
GROUP I
THE HONORABLE ALAN GOLD
INSTALLATION OF COMMISSIONER
GROUP II
2. A Resolution of the City of South Miami, Florida, appointing
R. Paul Young as Vice -Mayor of the City to serve in such
capacity until February 14, 1996. (City Attorney) (3/5)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, CANVASSING THE ELECTION RETURNS OF THE
REGULAR AND SPECIAL ELECTION HELD ON FEBRUARY 8, 1994, FOR THE
PURPOSE OF ELECTING A MAYOR AND COMMISSIONERS FROM GROUPS I
AND II AND A VOTE ON ONE CHARTER AMENDMENT TO AMEND ARTICLE
II, SECTION 6 B (3) TO REQUIRE READING OF ONLY THE TITLE OF
ORDINANCES AND DECLARING RESULTS OF SAID ELECTION.
WHEREAS, the City Commission, sitting as a Canvassing Board,
has examined the election results of the regular and special
election of the City of South Miami, Florida, held February 8,
1994, as certified by the Supervisor of Elections and declares the
said election results to be proper and correct and, having counted
and recorded the absentee ballots in the manner provided by
law; and
WHEREAS, the total votes cast in said election for each
candidate is as follows:
:MAYOR
Neil Carver 913
Cathy McCann 844
COMMISSIONER, GROUP I
Armando Oliveros, Jr. 520
Paul Young 1,191
Betty Banks
Tom Cunningham
Sharon L. Lindsay
COMMISSIONER, GROUP II
442
1,000
238
and;
WHEREAS, the Mayor has been elected for a two (2) year term of
office expiring February 14, 1996, and
WHEREAS, R. Paul Young and Tom Cunningham have been elected to
serve as Commissioners from Group I and Group II, respectively, for
a term of four (4) years, expiring in February, 1998;
WHEREAS, THE VOTE ON THE CHARTER AMENDMENT IS AS FOLLOWS:
"Shall the Charter of the City of South Miami,
Florida, be amended to require reading of only
the title of ordinances ?"
Yes 932
No 530
PASSED AND ADOPTED this 9th day of February, 1994.
ATTEST:
APPROVED:
Mayor
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING R. PAUL YOUNG AS VICE -MAYOR TO SERVE
IN SUCH CAPACITY UNTIL FEBRUARY 14, 1996.
WHEREAS, at the general election on February 8, 1994,
R. Paul Young was elected as the candidate from Group I
and received the highest number of votes in that election.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That R. Paul Young be, and is hereby appointed as
Vice -Mayor of the City of South Miami, Florida, to serve in such
capacity until February 14, 1996.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of February, 1994.
APPROVED:
MAYOR