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02-04-92OFFICIAL AGENDA CITY OF SOUTH_ MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING February �, 1992 P.M. A. Invocation Next Resolution: Next Ordinance: Next Commission Meeting: 2/13/92 B. Pledge of Allegiance to the Flag of the United States of America C. Presentations D. Items for Commission Consideration: 1) Approval of Minutes of January 7th and January 21, 1992. 2) City Manager's Report a) ADHECK Report 3) City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, designating place of polling, date and time of a Special City Election to be held in conjunction with a Regular City Election on February 11, 1992. (Mayor) 3/5 5. An Ordinance of the City of South Miami, Florida, amending Section 20 -4.4 of the Land Development Code of the City of South Miami, Florida, and creating a new Section 20 -3.4 (B)(21); both to provide for temporary off -site parking; providing for severability; ordinances in conflict; and an effective date. (Mayor) 4/5 RESOLUTIONS FOR PUBLIC HEARING: 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the ORR'S Pond Homeowners Association, Inc., to demolish a Coral Rock Wall on Tract "C" of that certain Planned Unit Development known as ORR'S Pond, 6497 SW 72 Street, South Miami, Florida 33143. (Administration) 4/5 RESOLUTIONS: 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving the off -site parking lease between Coaches Management, In'c. (f /k /a JJ'S Bar & Grill) and the First National Bank of South Miami pursuant to Section 20 -4.4 (F) (2) (c) of the Land Development Code of the City of South Miami. (City Attorney) 4/5 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of a Ford Diesel 6.6L replacement trash dump truck for a total price of $37,942.00 for the Public Works Department and charging the disbursement to account #1720 -6430: "Equipment - Operating." (Administration) 3/5 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving an authorizing a request for proposals for the privatization of the City's Public Works Department, including the waiver of competitive bids for proposals submitted in response thereto. (Administration) 3/5 I 1: OFFICIAL AGENDA February 4, 1992 page 2 RESOLUTIONS: 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving and adopting the recommendations of the City Manager to transfer line items as set forth in the attached itemized list from one City Department to another City Department for the fiscal year ending September 30, 1991, to account for additional and thus unappropriated revenues and the expenditures therefrom pursuant to Florida Statute 166.241 and authorizing the City Manager to take such measures as necessary to accomplish these transfers. (Administration) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $9,534.83 representing fees incurred for legal representation by Gregory Borgognoni of Ruden, Barrett ET AL in conjunction with litigation regarding the City's Comprehensive Plan; charging the disbursement to Account Number 2100- 9950: "Reserve for Encumbrances." (Administration) 3/5 ORDINANCES FIRST READING: 12. An Ordinance of the City of South Miami, Florida, amending Ordinance 14 -90 -1454 dealing with fee schedules by adding a new Schedule "I" "Tree Removal Permits ;" providing for severability; providing for ordinances in conflict; and providing an effective date. (Commission) 3/5 REMARKS: None. DEFERRED AND /OR TABLED: None. You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Y OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING Next Resolution: February 54, 1992 Next Ordinance: 7:30 p.m. Next Commission Meeting: 2/18/92 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 of January 7th and January 21, 1992. 2) City Manager's Report a) ADHECK Report 3) City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, designating place of polling, date and time of a Special City Election to be held in conjunction with a Regular City Election on February 11, 1992. (Mayor) 3/5 5. An Ordinance of the City of South Miami, Florida, amending Section 20 -4.4 of the Land Development Code of the City of South Miami Florida, and creating a new Section 20 -3.4 (B)(21); both to provide for temporary off -site parking; providing for severability; ordinances in conflict; and an effective date. (Mayor) 4/5 RESOLUTIONS FOR PUBLI "C HEARING: 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the ORR'S Pond Homeowners Association, Inc., to demolish a Coral Rock Wall on Tract "C" of that certain Planned Unit Development known as'ORR'S Pond, 6497 SW 72 Street, South Miami Florida 33143. (Administration) 4/5 RESOLUTIONS: 7. A Resolution of the Mayor and City Commission of the City of South Miami Florida, approving the off -site parking lease between Couches Management, Inc. (f /k /a JJ'S Bar & Grill) and the First National Bank of South Miami pursuant to Section 20 -4.4 (F) (2) (c) of the Land Development Code of the City of South Miami. (City Attorney) 4/5 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of a Fond Diesel 6.6L replacement trash dump truck for a total price of $37,942.00 for the Public Works Department and charging the disbursement to account #1720 -6430: "Equipment' - Operating." (Administration) 3/5 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving an authorizing a request for proposals for the privatization of the City's Public Works Department, including the waiver of competitive bids for proposals submitted in response thereto. (Administration) 3/5 t OFFICIAL AGENDA February 4, 1992 page 2 RESOLUTIONS: 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving and adopting the recommendations of the City Manager to transfer line items as set forth in the attached itemized list from one City Department to another City Department for the fiscal year ending September 30, 1991, to account for additional and thus unappropriated revenues and the expenditures, therefrom pursuant to Florida Statute 166.241 and authorizing the City Manager to take such measures as necessary to accomplish these transfers (Administration) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $9,534.83 representing fees incurred for legal representation by Gregory Borgognoni of Ruden, Barnett ET AL in conjunction with litigation regarding the City's Comprehensive Plan; charging the disbursement to Account Number 2100 -9950: "Reserve for Encumbrances." (Administration) 3/5 ORDINANCES —FIRST READING: 12. An Ordinance of the City of South Miami, Florida, amending Ordinance 14 -90 -1454 dealing with fee schedules by adding a new Schedule "I" "Tree Removal Permits;" providing for severability; providing for ordinances in conflict; and providing an effective date. (Commission) 3/5 REMARKS- None. DEFERRED AND /OR TABLED: None. You are hereby advised that decision with respect to any or hearing, such person will record of the proceedings is testimony and evidence upon if any person desires to appeal any matter considered at this meeting need to ensure that a verbatim made, which record includes the which the appeal is based. I z � 7 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING PLACE OF POLLING, DATE AND TIME OF A SPECIAL CITY ELECTION TO BE HELD IN CONJUNCTION WITH A REGULAR CITY ELECTION ON FEBRUARY 11, 1992. WHEREAS, the City Charter provides for the regular City election to be held during February of each 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 11, 1992 at the Fire Station located at the City Hall Complex located at 6130 Sunset Drive, South Miami, Florida. Section 2. That the polling place for said general 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 1992. APPROVED: AfiTEST : CITY CLERK READ AND APPROVED: CITY ATTORNEY MAYOR i ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION ,20 -4.4 OF THE THE LAND DEVELOPMENT CODE OF THE 'CITY OF SOUTH MIAMI, FLORIDA AND CREATING A NEW SECTION 20 -3.4 (B) (21); BOTH TO PROVIDE FOR TEMPORARY OFF' -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code, which in Section 20 -4.4 provides for oft -site parking spaces, provided the spaces are either an land held in common ownership "or held under a leave with a remaining term of twenty {20} years or more "; and WHEREAS, the Mayor and City Commission wish to amend the Land Development Code to provide for temporary off -site parkins spaces under a less restrictive lease term; NOW) THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -4.4 F (2) (c) of the Land Development Code be, and the same is, hereby amended to add the following final. sentence: The foregoing notwithstanding, off -site parking spaces may be held under a lease with a remaining term of less than twenty (20) years under the special condition set forth in sectiorr 20 -3.4 (B) 21. Section 2. Section 20 -3.4 (B) of the Land Development Code be, and the same is, hereby amended to add the following new sub- section 21: (21) TEMPORARY OFF -SITE PARKING Off -site parking held under a lease term of at least one year may be utilized under the following special conditions: (a -) The use mush be for a minimum remaining lease term of one year and must be initially approved by the City Commission as being within the health, safety, and public interest. (b) One utilizing temporary off -site parking under III` r� 'Tw - _ 4 this section must schedule and appear before the Commission one year from the date of the initial approval of the use to obtain Commission approval for condition of the use. The applicant must show it has either a new lease dr a remaining lease, in either case for the use year minimum and that the use remains within the health, safety and welfare requirements of the City. Otherwise, approval is automatically null and void. Section 3. 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 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of I APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY �4r MAYOR , 1992. Applicant: Mayor & City Commissioners Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA, AND CREATING A NEW SECTION 20- 3.4 <(B).(2'1); BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. Ms. Gonzalez read the request. The Chair declared the Public Hearing to be opened and asked for all those present wishing to speak either for or against this request. There being none, the Public Hearing was deemed closed. Staff clarified that this request had been before the Board at an earlier date and had been deferred to allow time for consultation with Robert Swarthout, Planning Consultant. Mr. Gutierrez reviewed Mr. Swarthout's recommendations as; (1) accomodating some type of periodic review; (2) allowing outdoor cafes without any parking requirements, and (3) implementing a short term lease situation for outdoor dining' activities only. Of the three, Ms. Thorner prefers the second' suggestion as the more direct option. Mr. Lefley asked Staff if other uses would be at a disadvantage with this proposal. Mr. Mackey - stated that this is a judgement call - whether or --not clear access to pedestrian right -of -ways is more desirable than the ambiance of outdoor cafes. There are both pros and cons to the question. This was addressed in Mr. Swarthout's letter. Ms. Gonzalez stated that this proposal would create more demand for parking at the same time other restaurants will be creating a demand for parking. Mr. Gutierrez suggested limiting outdoor seating to a percentage of the total indoor seating which will balance the parking. Mr. Parr made a motion to 'recommend denial of the request as presented. Seconded by Mr' Motion fails. (Not voted on) Motion and second withdrawn. Mr. Gutierrez moved to approve the ordinance as presented, with the codification that the 'short term/leased parking- is only applicable for outdoor dining facilities that comprise 10% of the seating capacity of a restaurant. Mr. Parr asked that the figure 30% be substituted for the 10% Seconded by Mr. Parr. Ms. Thorner amended the motion, "to eliminate Sec. 2 -21(B) substituting Mr. Swarthout's recommendation in the fast paragraph of his letter ". Mr. Gutierrez and Mr. Parr withdrew the 'motion and second. Mr. Gutierrez moved t chpnges; removing pari specifically the requij the City Commission of special use and also by parking would only be i special use basis. Sec Vote: approve PB -91 -031 with the following B of Section 2, Sub- section 21, more vent of being required to appear before a yearly basis for re- approval of the iding to the resolution that this type of .owed for - outdoor 'dining facilities on a ded by Ms. Thorner. Approved: 7 Opposed: 0 1U. 3UUt11 Mldlhi From: Robert K. Swartbout. incorporateo weu. uu <, , yy, i U.J i nN, V 1 407 392 6358 Qualit : Standard �➢ Y ROBERT K SWARTHOUT, INCORPORATED cm- .piArrs gArc=sttl arts 400 Sout1h Dixie Hignwkv. Suite 121 Boca Rat= Florida 33432 -6023 (40 7 B92 -5800 (305)167 -5800 PRELIMINARY DRAFT October 1. 1991 -11s. Sonia Lama. Planning and Zoning Director City- of South Miami 6130SunsetDrive South Miami. Florida 33143 Dear Ms. Lama: i%`e have been asked to comment on a proposed development code amendment that is under Planning Board consideration. We have been supplied with a draft of the amendment and minutes of a Planning Board meeting at which it was discussed. We would like to respond to the proposed ordinance Pat- sr'and to the Planning Board concerns as expressed in the minutes. L ThaPIVP,o �,WWe The proposed ordinance establishes temporary parking as a special land use by adding a new subsection 21 to Section 20 -3:4 (B). Section 20 -3.4 (B) establishes standards for a large variety of specific special uses: subsection 21 just adds one more use and related regulations to the existing list. The proposed ordinance also adds a sentence to subsection 20-4.4 (F) (2) (c). The added sentence references the temporary parkin gg special use possibilities set forth in the new subsection 20 -2.4 (B) (21), Subsection 20 -4.4 (F) (2) (c) is part of Section 20-4.4 (F), which address the location and ownership requirements for parking spaces. so P u. auwu r•uuu° aucu. u�a ._. . u u. . ,_ .,. From: Robert K. Swarthout. Incorporated 1 107,392 6358 Quehtq: Standard a j NIs. Sonia Lama. Planning and Zoning Director Cite of South 1liami October 1.1991 Page 2 The fax transmission of the Planning Board minutes was imperfect and the minutes themselves were a bit cryptic in spots. Here is w hat we believe the minutes indicate. Mr. Gutierrez asked if the year -to -year provision could apply to indoor facilities as well as outdoor facilities. Mr. Parr suggested modifying the wording to avoid the possibility stated above." �I presume he meant the one stated by Mr. Gutierrez. Mr. Parr suggests that a variance might be considered. Ms. Lama explained that no hardship is present to justify a variance. 1'Ir. Gutierrez suggested changing the code to allow for waivers of parking to accommodate outdoor restaurants if such "complies with the Comprehensive Plan." The minutes do not make clear whether he meant if the outdoor restaurant complies with the Comprehensive Plan or if the parking waiver concept per secomplies with the Comprehensive Plan. Mr. Lefley believes that the language "otherwise approval is null and void" is consistent with common Dade County practice and overcomes at least some objections that might otherwise exist. From the minutes, we are not sure exactly what objections Mr. Lefley had in mind. Mr. Lefley moved to consider specifying applicable uses and specifying standards for the annual review. Mr. Eisenhart spoke against a requirement that operators be placed annually at the "whim and wishes" of the Commission. Mr. Lefley`s motion failed on a 3 to 3 vote. A 6 to 0 vote asked for my opinion on this matter. , r `i /ir ^i 'r:.3 it •/ i r; ra: It is important to note that Section 20-4.4 (F) of the South Miami Development Code specifies that required parking be located on the same lot with the structures or uses served. This is a sensible from: Hobert K. Swarthout. Incorporatetl way V� "� 407+192 a 6358 ' - V Quaht : Standard Ms. Sonia Lama. Planning and Zoning Director Cite of South Miami October 1.1991 Page 3 requirement which is contained in nearly all development codes and zoning ordinances. Section 20 -4.4 (F) does allow exceptions to this requirement. «T a are unsure exactly how these exceptions work hpcausp wp find t.hp ianguage nhscurp. but it dope apppar that tmdpr certain circumstances. required spaces may be located off the site where the need for them is generated. Reading between the lines of 20 -4.4 (F) (2) (c), it appears that among the requisite circumstances is the requirement that the land where the parking is located be under common ownership with the land which generates the need for the parking. The instruments of common ownership must be recorded in a form that ensures that the common ownership will be ongoing. The common ownership may be secured in fee simple or it may be secured by a twenty ear lease. If secured by a twenty- year lease, then the right to occu'py' land where the parking need is actually generated is subject to the parking on the separate leased land continuing to be available. If a lease on a site providing required parking for another site expires after twenty years. then the right to utilize the other site where the need for parking is generated is restricted.. The Commission has the right to revoke the relevant occupancy permit after notice and a public hearing. Presumably, the owner of the site where the parking need is generated would still have a grandfather entitlement to use the site for some purpose, perhaps the least intensive commercial' uses that would normally be permitted in the district. This is a rig: ht which zoning cannot alienate, except by amortization provisions which do not now exist in South Miami. The existing development code language does not specify the point in time beyond which the required twenty (20) year lease must extend; possibly the date of original occupancy is intended. The current regulations are written in a way which indicates that off- site parking spaces. whether tied to the site where the need is generated by fee simple ownership or by lease, are only permitted, when joint parking is provided by two or more uses. W� suspect that this is an unintentional garbling of two concepts, the concept of shared parking and the concept of off -sits parking. We think the existing ordinance provisions in Section 20-4.8 (B) are significant also. Subsection (1) address structures which were originally built accord ing to then applicable dimensional requirements, but which have been made nonconforming with respect to dimensional requirements by virtue of a zoning map, table or text change. Such structures "may continue to be used for am • use s -. - � - to: soum miam1 weu. ut 1 c. 1 991 1 U: -tu nm r oyc -, ­ From: Robert K. Swarthout. Incorporated 1 407 392 6359 OuaUty: Standard L_ Ms. Sonia Lama. Planning and Zoning Director City- of South Miami October 1. 1991 Page 4 [emphasis added] permitted in the district in which it is located. subject to the requirements of this section." Subsection (2) goes on to state that: (a) Use of such structures shall be consistent with parking standards applicable on the first date of such use: and (b) In the event of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformity with any dimensional requirement. 111s. Lama tells us that these provisions are interpreted to permit new uses to be established in existing buildings with no parking or inadequate parking so long as the new use does not demand more parking than the original use. This is not -an unreasonable approach. except, however, in some cases it might be a more restrictive interpretation than the language actually-.. supports. For example, if a building without on -site parking was built when no parking spaces were required and the building is in a district' which permits a restaurant with high parking requirements. then the language appears to permit the establishment of a restaurant, even though the building might originally been occupied by a low (parking use. g Respnnmtaethe,Propas mVrdinanceand fisRelevantPortionsnfthaKisti 7gOrd&ance The proposed ordinance creates a special land use via the new subsection 21, but it fails to provide any standards (other than the general health, safety and welfare standard) by which this proposed special land use can be approved or disapproved in particular circumstances. This is impermissible according to at least two Florida appellate court decisions which hold that standards for special uses must be incorporated in the code. The standards can be discretionary, i.e. the question of whether or not they are met in a given case can be subject to interpretation and judgement. However. the standards must be more specific than "health. safety and welfare." "Health. safety and welfare are the standards which the South Miami City Commission must follow when it enacts zoning type regulations under grant of authority from the state constitution and the state legislature. However, the City Commission must pass on more specific standards to those who administer the ordinance. This is true even when the Commission itself administers the jr 4 io: )UUIn Miami weu. uk�k -. I ItoI iu.�I 1`1�1 rage s u. From: Hobert K. Swarthout. Incorporated 1 407 392 6358 Quality: Standard � I-z. Sonia Lama. Planning and Zoning Director City of South Miami October 1.1991 Page 5 ordinance. as is the case when it grants approval for a specific use under the special land use provisions of the code. Ffe recommend that the pnposed ardmence to provide adequate Azadw-ns The proposed ordinance makes off -site parking the special land use. This may or may not be desirable. but it is not all that is needed. It is instead or also necessary to make the use which does not have adequate on -site parking subject to special land use approval. TIe recommend that the prnpaQ-,d ordinance bee iedr.?Xkd to make outclo t- dining with offsite shot -t term /eased pajl ins " the une, rr-hich,fssrrbject to sped? /land use revAgn, lather than ml in.; the ,a- ?./Yingper se subject to speaa/ /and rrse levieu: As noted in Part 3 of this letter. the current regulations are written so as to indicate that off -site parking spaces are permitted only when joint parking is provided for two or more uses. The placement of the proposed amendment makes it subject to this problem. If the original combination of joint parking regulations with off -site parking options is indeed unintentional as we suspect. then we recommend that the axs&;7g ordinance be clarified so that the confrrsinglanguagein subwe on ZU4(,9 (2) (a) is eliminated rather- than being a tended to the new1i-propos d previsions also as noted in Part 3 above. the current regulations are vague about off -site parking owned in fee simple and off -site parking secured by a twenty year lease. If,e jvwmmend that. srrsction a)- -14(F) (2) (c)be revised to mom cJearlr ~ardcrrlate its ntent about fee simple anala)- 1•-ear leased off -site 7g. The administrative interpretation of Section 20-4.8 (B) (1) is reasonable in and of itself. but it is not in accordance with the actual language of 20- 4.8(B) (1). This sfiorddha.,wolvedbr -amending the administrative practice or amending the ordinance Rer agree with As Lama s opinion that thin question does not involve a hanfship and therv,6te is not a vairancx queston. Expanding an existing use by removing existing parking or any other means cannot be justified if the result would be a reduction of parking spaces below the minimum required. A hardship variance would be needed if it were the only way to make reasonable use of a property, but under the so* lo: �joutn miam' weu. UC 1 G. 1 NY 1 1 ui,z mm raye o u, } From: Robert K. Swerthout. Incorporated 1 307 392 6358 Ouollt : Standard Ms. Sonia Lama. Planning and Zoning Director Citv of South Miami October 1.1991 Page 6 South Miami Development Code this is not the case. The South Miami Development Code allows liberal use of existing buildings which are legally nonconforming because they have no parking spaces or because they have inadequate parking spaces. this may be done under the exact terms of Section 20 -4.5 (B) or under the City s administrative interpretation of these provisions. -lh: GuM&M is co»Wt.• the lan4•uaye of the pnpoued amendment zi-ould ma.�e indoor as �i-e/ /as outs^ /aoor facilities srt6ject to•Tear�ir: r ear ry vie u,#'thet are dependent On part in,$ that A-a vailable only, on a tear bt� -near ba i:: This would be avoided if, as recommended in Part 4 of thin letter, we make "outdoor dining with off -site short term - leased parking" the use which is subject to special land use review, rather than making the parking Per• -%subject to special land use review. 1,011700,1 , I *, it is r�asnnab /e that an r facilities crhathm- indoor• or outdoor be subiect to ,rear- to- ,t•�ear review, O lon,�as the applicant is• fulls - infoimed that he .& at. risk ofJcwhyhis in vestment the loses his shor f terra panbn lean This is a risk which the applicant could be allowed to take if he deems it worthwhile. If the amendment or something along the same lines passes, the City will be allowing development for which parking is required to supply that parking on a very tenuous short term lease basis. This is only acceptable so long as the right to continue using the development is equally tenuous and the developer or property owner understands his risk. We advise that the City require that applicants sign an iron -clad acceptance of the risk expressly waiving their-vested right in the improvements . allowed by virtue of the short term parking lease. The City attorney could draft such a document. f f'hile the above apprmch is theomacalli- acceptable. it presents a practicalproblem which the atr••maTnot wish to 9=e0tand prrafrWV wouldbe wise to avoid A property owner may sign away his vested right in blood and thereby give an iron -clad acknowledgement that he accepts the risk of loosing his investment if his short term parking lease cannot be extended. Still. South Miami, or any city, might find it difficult to force such a foolish property owner out of his facility if and when his leased parking ceased to be available. The City can avoid being put in such a situation if it permits "off -site short term - leased parking" to accommodate only outdoor dining which generally requires only a low - investment. Possibly other similar uses which also require only a low - investment could be permitted. In any case. the City should still obtain the applicant's iron -clad written a 7 Em J io: Joutn miaml weo. uci L.. 1991 1u:-t.) mm rayc i ui From: Hobert K. Swarthout. Incorporated 1 407 392 6358 Oualltq: Standard A-1-Is- Sonia Lama. Planning and Zoning Director Citv of South Miami October 1. 1991 Page 7 acceptance of the risk so that his use may be terminated by the City if the parking ceases to be available. .Ih: Guti v7ws sc., acrestion that the paYYJ -)7g e IERI' ed to pVnvic% outdoor Facilities is troth considering The basis of such an approach should be a planning process finding that outdoor restaurants justify such a generous provision in their favor because they are highly beneficial to the downtown ambiance or make some other highly desirable and unique contribution. The finding should be documented with a simple research study. There should be a public hearing and the advantages and disadvantages should be discussed by the Planning Board and City Commission. It may even be desirable to add an appropriate policy to the Comprehensive Plan. All of this is necessary or desirable in order to ensure and document that outdoor restaurant parking waivers are not just an arbitrarti- idea to accommodate the needs of the moment, but area well- thought through methodology to promote legitimate public policy objectives. There also should be either quantitative or qualitative standards which govern when and where a particular outdoor restaurant: may be approved without the otherwise required parking. We suggest that outdoor restaurant facilities without parking be handled as special land uses rather than calling them parking waivers. Firm the minutes. we believe that 1Ih Lefley said that it is common piactice foi• approvals to be null and voidif the conditions to which the appfn vials ale srrblect ale violater!• this is so in all of oin- efparience. T e completer- V47W with Aj- Lrsenhaj t that no propert}- owner- should be at the �`whhn and clrrishes of the Commission. There are three possible ways to avoid this in the present situation. First. the City could vote down the proposed amendment which'. by allowing a use to be established without secure parking, creates a situation absolutely necessitating some'kind of periodic review. Second. we can pro a now amendment allowing outdoor restaurants and the � sans parking as special uses: once such a restaurant had been allowed. there would be no need for periodic review other than the usual administrative review by which all uses' are policed to ensure continuing compliance with zoning' regulations. To: South Miami we0. uct 2..1991 1 u:44 MM rage b U& 5 From: Robert K. Swarthout. Incorporated 1 407392 6358 Quality: Standard '11s. Sonia Lama. Planning and Zoning Director City- of South Miami October 1.1991 Page Third, we can modify the proposed amendment so that it permits "outdoor dining with off- -site short term- leased parking' as a special use and so that it incorporates reasonable quantitative and /or qualitative standards upon which the Commission must base its initial approval and periodic reviews. At a minimum.. the standards should call for termination of the use if the leased parking ceases to be available. When parking remains available. the Commission should not be allowed to terminate the use unless it has been operated in violation of the standards explicitly set forth in the development code or clearly stated as written conditions at the time the specific use was approved. If such written conditions are involved. they should be in furtherance of the explicit standards set forth in the code. env of these three approaches would be reasonable. but thev would not all be equally satisfactory from the perspective of the restaurant which prompted the originally proposed amendment. It appears that the third approach would be best for that restaurant. but it may also be that the second approach could be serviceable. G Recommwd,7,YOW We should proceed to draft a revised amendment along one of the three lines stated above. Also, we suggest that previously mentioned ambiguities in other related parking regulations be clarified. Prior to proceeding to prepare the revised amendments, we would like to have Planning Board input. either directly or by way of the staff. The property owner whose needs prompted the originally proposed amendment should also be consulted. This preliminary letter is transmitted as an unsigned facsimile. It will be finalized and signed after City staff and other interested parties have reviewed and informed us of any relevant facts Which we may have overlooked. Dery truly yours. ROBERT K. SWARTHOUT. INCORPORATED ,o Applicant: City of South Miami Request: An Ordinance of the City of South Miami, Florida, amending Section 20 -4.4 of the Land Development Code of the City of South Miami, Florida and creating a new Section 20- 3.4(B)(21); both to provide for temporary off - site parking; providing for severability; ordinances in conflict; and an effective date. Mr. Parr read the request. B & Z_Director Lama explained the purpose of this request. At the present time, the only option for acquiring additional parking, to meet City requirement is a 20 year lease. This request allows the applicants to find a year -to -year lease for the same purpose with the condition that they return to the Commission every year to review the use that they have been conducting and re- approve or not based upon the results of that review. Mr. Gutierrez stated that he understands this when a situation such as that which JJ's Bar and Grill is proposing arises. This restaurant is proposing',an outdoor seating area where the parking lot is presently located. Mr. Gutierrez asked if this could apply also to erecting a building in the same location? Ms. Lama said that, in the way this is worded, this could possibly happen. No reference is made to in -door or out -door activity. The Chair opened the Public Hearing. There being no one present to speak either for or against this request, the Public Hearing was closed and Executive Session opened. Mr. Parr suggested modifying the wording to avoid the possibility as stated above. Mr Gutierrez stated that, in an attempt to accommodate the present owners of JJ's Bar and Grill, this request may be viewed as "overkill ". Perhaps' Planning Consultant Swarthout or the Board may have a better idea. Mr. Parr said that perhaps requiring a variance application each time would be more sensible. Ms. Lama explained that a variance for use is not allowed and also, that approval of a variance is based on "hardship running With the land" which would make any request such as this virtually impossible. Therefore, a variance would not resolve this 'specific problem. Mr. Gutierrez suggested changing the Code:: so that parking requirements could be waived for outdoor cafes in order to encourage that type of activity if it complies with the Comprehensive Plan. PB Minutes O P 09 -24 -91 A Ms. Lama explained that JJ's Bar and Grill is_proposing an outdoor seating area, which can only be allowed if this request is granted. This request has also been brought to the attention of the City's Planning Consultant, Robert Swarthout. Mr. Lefley feels that this problem is addressed,; referring to the Commission Ordinance, second page, fifth line from the top, Section 2- 21(b), "otherwise approval is null and void" This procedure is common throughout Dade County. The Ordinance does not give an automatic permanent use. No criteria for denial is stipulated. Mr. Eisenhart noted that the Ordinance does not address the matter after the first year when the applicant must return to the Commission for a review. He would prefer that their temporary lease 'agreement included some type of renewable option at the lessees' option. The initial lease agreement would be for one year with additional one year renewal 'terms. Mr. Lefley made motion that Staff revisit Section 2(b) of-,the ordinance to: (1) explore limiting or specifying uses (2) specify for annual reviews (3) standards should be expanded to include parking other subjects which the Commission should review at the time of the annual review Motion seconded by Mr. Eisenhart, for discussion. Mr. Eisenhart does not favor an applicant having to come before the Commission annually and be at their "whim and wishes" regarding parking. Vote Approved: 3 Opposed: 3 1 Eisenhart) _ (Thorner) (Gutierrez) Motion failed. Ms. Lama clarified: (1) The ordinance was prepared by the City Attorney; (2) the Board may want to refer this back to Mr. Swarthout for clarification inasmuch as Staff does not write the Ordinances. Mr. Eisenhart listed those as Staff, Consultants and anyone else who advises on these matters. Ms. Gonzalez asked that the Board be given copies of any reports or information already done by Mr. Swarthout. Staff reports that Mr. Swarthout did not make a formal opinion in this matter. He merely made a comment on the subject. Mr. Parr made a motion that this request be deferred until Mr. Swarthout can give a written Opinion on the matter. Seconded -by Ms. Thorner. vote: Approved: 6 Opposed: o 0, T A!, ! #5 ORDINANCE N0. AN ORDINANCE AMENDING SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI AND CREATING A NEW SECTION 20 -3.4 (B)(21); _BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. It was explained by Building and Zoning Director Lama that the Planning Board held public hearing on this item and then are waiting to make their recommendation until they receive information they feel pertinent from Robert Swarth the the City's Planning Consultant. Moved by Mayor McCann, seconded by Commissioners Banks and Cooper, that the ordinance be deferred until a recommendation by the Planning Board is received. Motion passed 5/0: Mayor .McCann, yea, Vice- Mayor Carver, yea; Commissioner Launcelott yea; Commissioner Banks, yea; Commissioner Cooper, yea. Fig 13 r. a DRAFT i 14 O R: AN CE NO AN ORDINANCE AMENDING SECTION 20 -4.4 1) F THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA, AND CREATING A NEW SECTION 20- 3.4(8)(21); BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEV£RABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Moved Mayor McCann, seconded by Vice - Mayor Carver, Commissioner Banks and Commissioner Cooper, this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public heating after consideration by the Planning Board. `loved by Vice -Mayor Carver, seconded by Commissioner Cooper, that (b) be clarified to state "...or a remaining lease, in either case for a one year minimum, and that the use remains in the health, safety and public interest." Motion passed 5/0: Mayor McCann, yea; Vice- Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Motion on ordinance, as amended, passed 5/0: Mayor McCann, yea; Vice- Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. v " 1 THE NICHOLS PARTNERSHIPY a 0irrcMIR WING August 13, 1991 HAND DELIVERED City Commission THE CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 RE: JJ's AMERICAN BAR & GRILL 5859 S.W. 73rd Street South Miami. FL 33143 -� Madam Mavor and Commissioners: As you are aware. JJ's BAR & GRILL. LTD.. an affiliate of JJ's AMERICAN DINER in South Miami, has purchased the lease and is currently in the process of renovating the old "Bella Luna" restaurant located at 5859 S.`� . 73rd Street in South Miami. It is our intention to convert the old operation into a new restaurant/lounge called "JJ's AMERICAN BAR & GRILL ". We currently have building permits and are underway with the interior renovation of this buildine. In order to give this building an entirely new image, as well as to improve the entire front entrance to the building, we would like to convert the existing minor - parking area in front of the building into a landscaped courtyard with brick pavers. additional landscaping, decorative past lights. and umbrella tables and chairs with seating for approximately 40 persons. This "patio seating" is allowed by your Code in this area. and it would greatly enhance not only the front of this building, but also it would greatly enhance the sidewalks and pedestrian scale along the edges of these streets! We have presented the site plan and the 'elevations to your Environmental Review Board, which unanimously approved the plans and commended this outstanding concept. 2600 Daaalas head. Suite 900 Coral Gables. Flanda 33134 1eleaaoaet3051443 -5206 FAX 13051446.2872 We have also worked with your Building and Zoning Departmem including their having this proposal reviewed by an outside zoning consultant. and all have concluded that this proposal is acceptable, subject to our providing nineteen (19) parking spaces within the 500' radius of our property allowed by your Code. We have worked with the First National Bank of South Miami and they are willing to lease to us on an annual basis, renewable annually. these nineteen (19) spaces in their lot which is located in the adjacent block diagonally across the street from our restaurant. We consider this front landscaped patio as having "temporary outdoor seaung". which does not affect our oneotng interior restaurant/lounge operation. Because of its temporary nature. we respectfully request that we be allowed to put these umbrella tables and chairs on this patio and provide the one year lease for the required parking, which would be renewed annually. We would simultaneousiv 1� c ` O CITY OF SOUTH MIAMI August 13. 1991 Page 2 THE NICHOLS PARTNERSHIPY request that this approval by the City be subject to the City's aKaa�e/ LNG Re- approval each year, which would be based on our Providing the renewed 1earking lease, as well as our track record of providing a .quality operation that does not create a nuisance to the City or its residents. In the event that the parking lease was not renewed, or the approval was not renewed by the Citv Commission, then we would agree to remove the umbrella tables and chairs from this area and simply use it as an entrance courtyard. I have enclosed a copy of the Site Plan showing this newly landscaped patio for your review. Inasmuch as we are trying to open the new operation in approximately three weeks, we respectfully request to have this item placed on the Agenda for the next City Commission meeting, which will be held on August 27, 1991. We will be present to discuss this in further detail and provide answers to any questions. Thank you for your consideration. Sincerely, JJ's AMERIC & GRILL, LTD. By: SJoffchol Vice President JJ's BAR & GRILL MANAGEMENT, INC. JRN/lss Enclosure: Site Plan �b f , c ` O CITY OF SOUTH MIAMI August 13. 1991 Page 2 THE NICHOLS PARTNERSHIPY request that this approval by the City be subject to the City's aKaa�e/ LNG Re- approval each year, which would be based on our Providing the renewed 1earking lease, as well as our track record of providing a .quality operation that does not create a nuisance to the City or its residents. In the event that the parking lease was not renewed, or the approval was not renewed by the Citv Commission, then we would agree to remove the umbrella tables and chairs from this area and simply use it as an entrance courtyard. I have enclosed a copy of the Site Plan showing this newly landscaped patio for your review. Inasmuch as we are trying to open the new operation in approximately three weeks, we respectfully request to have this item placed on the Agenda for the next City Commission meeting, which will be held on August 27, 1991. We will be present to discuss this in further detail and provide answers to any questions. Thank you for your consideration. Sincerely, JJ's AMERIC & GRILL, LTD. By: SJoffchol Vice President JJ's BAR & GRILL MANAGEMENT, INC. JRN/lss Enclosure: Site Plan �b RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ORR'S POND HOMEOWNERS ASSOCIATION, INC. TO DEMOLISH A CORAL ROCK WALL ON TRACT "C" OF THAT CERTAIN PLANNED UNIT DEVELOPMENT KNOWN AS ORR'S PONDp 649'1 S. W. 72ND STR22T, SOUTH MIAMI, FLORIDA 33143 WHEREAS, the City of South Miami, Florida has heretofore on November 11, 1986 authorized a certain residential planned unit development ( "PUD") known as Orr's Pond, located at 6497 S. W. 72nd Street, South Miami, Florida, 33414,3; and WHEREAS, in the course of the 'discussion regarding the application for the said PUD, the City Commission requested, and the applicants agreed to, the retention of a certain coral rock wall on the western border in tract C"" of the said PUD; and WHEREAS, thereafter, much of the wall was demolished at the time of the construction of `a path parallel to the said coral rock wall; and a, WHEREAS, the City has now cited the Orr's Pond Homeowners Association for the condition of the wall as it constitutes a hazard to pedestrians using the path and would require repair and subsequent maintenance by the Orr's Pond Homeowners Association; and WHEREAS, the Orrfs pond Homeowners Association has now passed a Resolution requesting the Mayor and City Commission to eliminate the agreement to maintain the said coral rock wall in the said PUD; NOW, THEREFORE, BE Im RESOLVED BV THE MAYOR AND THE CITY COMMISSION OF THE 'CITY -OF SOUTH MIAMI, FLORIDA: Section 1. That the requirement of that certain planned unit development known as Orz's Pond which required the retention of a certain coral rock wail in tract "CO thereof be, and herrhy, ie removed. PASSED AND ADOPTED this day of January, 1992. APPROVED: MAYOR ATTEST; CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY I ' 0 Resolution 1) Whereas, the City of South Miami has cited Orr's Pond Homeowners Association Inc. for the crumbling coral rock wall on tract C 2) Whereas, repair and subsequent maintenance of the wall will constitute an undue expense to the Homowner Association. 3) Whereas, the wall constitutes a potential hazard to children using the path along the west side of Orr's Pond 4) Whereas, most of the original wall of 500 linear feet was demolished at the time of path construction without objection by the City Commission 5) Whereas, the Homeowner Association Documents do not forbid the removal of the wall LET IT BE RESOLVED that the City Commission_ instruct the City Manager to approve the removal of the wall. D 1991 C11- 3 �ER►s OFFICE AdMINK City of South Miarrtt INTER—OFFICE MEMORANDUM to: Mayor & Ckp issi DATE: FROM! `f [f lia F n City Ma na January 10, 1992 SUBJECTf Orr's Pond Stone Fence The following attachments regarding the Orr's Pond Homeowners Association request to remove the stall on the west side of Orr's Pond are for your review. - November 26, 1991 to Ana Henriquez,. sent to the City Commission in the November 29, 1991 City Manager's Packet. - City Commission minutes from November 4, 1986 (includes discussions between Orr's Pond Developer and City Commission). - Resolution number 61 -87 -7051 dated June 9, 1987. Resolution number 109- 86 -6079A dated July 21, 1987. - Resolution number 109 -86 -6079 dated November 11, 1986. The Resolution which if approved by the Commission, would - permit the Orr's Pond Homeowners Association to demolish the west wall, was listed as item 13 on your January 7, 1992 agenda and was deferred. 3 WFH:er C : Orr's Pond Homeowners Association B & Z Director lff CitU of South Miami 6130 Sunset Drive. South Miami. Florida 33143 663-6338 c1TY MANAGEF November 26, 1991 Ms. Ana Henriquez Management Representative Orr's Pond 6947 S.W. 72 St. South Miami, F1 33143 Re: West wall - Orr's Pond Dear Ms. Henriquez: This letter is in response to your written request dated November 1, 1991 and addressed to the Building and Zoning Director, regarding removal of the original west wall of the George E. Orr Estate. Background: The following was obtained by reviewing Resolutions 109 -86 -6079 (November 11, 1986), 109- 06 -6079A (July 21, 1987) 61- 87 -7051 (June 9, 1987) and the official minutes of the November 4, 1986, Commission Public Hearing on the Orr's Pond Planned Unit Development Ordinance. The Developer wanted to construct nineteen units- but if the dedication of the west 25 ft. for right -of -way purposes (on Sid 65 Ave.), as required by Dade County Subdivision- Regulations occurred only 16 units could be constructed. In order to accommodate the Developer and permit _nineteen units, the City waived the street right -of -way dedication requirement. is order . to obtain the City's waiver of Tract "C" (the West 25 ft. of the property) right -of -way dedication, the City required the Developer's agreement to the following: 1. Provide public access to the pedestrian easement along west 25 ft. of property (Tract "C ".) "City of Pleasant Living 2. Record covenants as part of said easement to require future owners of said 25; ft. easement to maintain said land in perpetuity as a public pedestrian area. 3. Upon determination by the South Miami City Commission that the widening of SW 65 Ave. (west of Orr's Pond) is necessary, the Developer and /or 'future owner's are required to dedicate and improve said 25 ft. area for public roadway purposes. Note should the City Commission in the future decide that SW 65 Ave..should be widened, the green chain link ,fence 'located within the 25 ft. `easement would have to be moved to the east. The existing fence encroaches on the 25 ft. easement as follows: Least encroachment 12' 1" Greatest is 17 4" I find no authorization for any unilateral action by the City, the Developer, or the current homeowners to demolish the original historical wall located on the west side of the 25 ft. easement, as described in the official City records. As _a matter of fact, the official City minutes show that the Developer agreed to maintain the same height of the wall but would clean up the rubble. The requirements pertaining to Orr's' Pond fences and walla (including the west stone wall) were unanimously passed by the City Commission on November 4, 1986, and accordingly', included in the Planed Unit Development Resolution and Deed covenant. From my review of the Orr's Pond minutes and Resolutions, I believe the City Commission's clear intent was to require the Developer and all future owners to pay for and maintain the 25 ft. easement as follows: as Landscape maintenance b. Public pedestrian path c. Maintain and repair of what is left of the original stone wall on the west side of the 25 ft, easement. d. If the City determines that in the best interest of the public the west 25 ft. easement is required for widening SW 65 Ave. The Developer and /or future owners will remove the encroaching green chain link fence and pay for said street widening. If the Orr's Pond Homeowners Association Wishes to formerly request a change in the covenants pertaining to Tract "C" (the west 25 ft. easement), I recommend that the Homeowners Association pass a Resolution at an official meeting, requesting the City to authorize demolition of the original stone wall, located on the west side of Tract "C ".. Once that Resolution is passed in the majority, please forward same to me and I will place the issue on the next City Commission agenda for consideration. Sincerely, .di 1 F A pton City Mang WFH:er c: Mayor and Commission B & Z Director Board of Directors, Orr's Pond Homeowners Association Mrs. Linda Tobin (by request) e MINUTES OF THE REGULAR CITY COMMISSION MEETING NOVEMBER 4TH, 1986 The meeting was called to order at 7 :35 by Mayor Porter. Those in attendance were: Mayor Porter Vice -Mayor McCann Commissioner Andrews Lantz Commissioner Schwait Commissioner Brown Also in attendance were: Acting City Manager Turner, acting Finance Director Taylor, acting Police Chief Romine, Planning Director Mutch, Building Official Kirk, Recreation Director Cowen, Public Works Director McGuire, acting Assistant Public Works Director Swift, Associate City Attorney Hamilton and City Clerk Nayman. Following the Invocation and Pledge of Allegiance to the Flag of the United States of America, the following items were considered by the Commission: Moved by Vice -Mayor McCann, second by Mayor.Porter, the minutes of October 21st, 1986, regular City Commission meeting be approved as read. Motion passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Moved by Vice -Mayor McCann, second by Mayor Porter, the minutes of September 30th, 1986, Special City Commission meeting be approved as individually read. Vice- Mayor McCann noted the pages in the minutes may have been switched around and moved these be collated in the proper order. Motion was seconded by Mayor Porter and passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Motion on minutes as amended passed: Mayor Porter,vea;'Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown,yea CITY MANAGER'S REPORT: Acting City Manager Turner stated he would like to give the Commission a priority update of issees he had brought to them on previous occasions.. 1) Current health and dental plan coverage will-continue with specifications for bidding process being set by Administration so the new City Manager can make recommendations. 2) Collective bargaining in progressing with a tentative agreement reached with AFSCME. He would like Commission participation with suggestions for PBA negotiations. A meeting was scheduled with the Commission, Attorney Jim Crosland, the City's labor attorney, and the Acting City Manager to Monday, November 10th beginning at 7 :00 P.M. CITY MANAGER'S REPORT (continued): 3) The City's regular Pension Plan needs one more member, from the election held by the members of the Plan. He can have that election on an immediate basis. The acting City Manager and the Acting Finance Director are working to get the necessary report to the State of Florida so fonds for the Pension Plan Chapter 195 (Police) can be released. There are appointments necessary on this Board also, if those serving on two Boards cannot serve. Vine -Mayor McCann requested the City Attorney submit a report for the Friday packet addressing whether or not employees or members of the public can serve on two boards. If not, then the Commission must address this issue. Acting City Manager stated State Law also sets for composition of Police Pension Board. 4) Rules and regulations for personnel have been addressed; all City employees have been given employee handbooks. 5) An auction is planned for excess or non - usable vehicles and other items. A list will be placed on an upcoming agenda with the sale scheduled for the end of November. 6) Fees for the Sylva Martin Building have been set and will appear in resolution form later on the agenda. 7) Personnel Board appointments need to be addressed: Jim Crosland, the City's labor attorney, has agreed to represent the City, when needed, for an hourly fee of $85.00. Mr. Turner recommended the services of Mr. Crosland be kept at this reasonable rate for when City representation is needed. Mayor Porter noted this Board does have four members out of the five required, but if those serving on the Board need to be reappointed, he will need that information. Mayor Porter asked the City Clerk to prepare a master list of board appointments, including expiration dates of appointments, and give same to the Commission. Also, if the Commissioners have any suggestions for appointments to boards, they should submit the names to him immediately. Commissioner Schwait urged the Commercial Development Board begin meeting. Acting City Manager stated he had received all necessary information from the y City Clerk this date, and he has had this information given to the Planning Director so meetings for that board will be cdlled shortly. ' 8) Parking problems in residential areas are being, addressed. Acting City Manager Turner suggested restricted parking zones in problem areas which would have parking by permit only. Vice -Mayor McCann noted the area of S.W. 74th and S.W. 75th Streets are always hard 'hit with parking problems and stated the residents of those areas should request enactment of the decal program in their area. Also, there are other areas and other states that give visitor permits to residents so they can distribute them to their visitors when needed. 9) Acting City Manager report the United Way Campaign in the City: Police Department, Public Works, and City Hall, is drawing -to a close with some very good results. 10) Sherrie Avery, representing South Miami /Kendall Area Student Chamber of Commerce was unable to be present to address the 'Commission regarding that groups bake sale. They are requesting use of the area just outside the Chamber parking lot to have that sale on November 15th, 1986. They will not be encroaching into park property and will leave the area clean. Commission voiced no objection. rrm -2 10/21/86 rin 11) Acting City Manager Turner reported Metro -Dade County had contacted him regarding use of the City Commission Chambers for Homestead Exemption registration. This will take place from January 2nd, 1987, through March 2nd, 1987, and the County will need the Chamber Monday, Tuesday, Thursday, and Friday. Commissioner Schwan voiced objection to using the Chamber on Tuesday unless a suitable location for Environmental- Review Board hearings is located. Commission voiced no other objection if the Board can be relocated. Acting City Manager stated accomodations will be made or the days of use will be modified. 12) Curtain International Pictures has requested use ofthe Commission Chambers on Thursday, November 27th, 1986, for a filming of "One Minute to Midnight ". Commission voiced no objection as long as fees were paid; and insurance was obtained. Acting City Manager will verify this date they specified as it is a holiday. 13) With regard to evaluations and analysis of different departments, the acting City Manager reported some firms have come forward to offer services at no initial cost to the City. If the firm does an analysis and the City does not save the price of their fee, there would not be any charge at all. Vice -Mayor McCann noted many of the departments are presently run by those in 'acting' positions and it may be more beneficial, to have a professional firm do the job. She would like to see this implemented after the new City Manager has been selected. Commissioner Andrews'lantz stated she would agree to this professional audit as long as there was no cost to the City. She would urge this be done now and the then if every department is running smoothly there would be a smoother transition to the new City Manager and would give that person something to build on. Mayor agreed as long as there is no cost to the City. Vice -Mayor McCann stated the City is in very dire need of new police cars and would like to know the time frame for ordering. Acting Manager Turner stated the delivery would be about ninety days; the price about $11,000 each. Vice - Mayor McCann urged the proper document be placed at the end of the agenda under Discussion so prompt action can be taken on this matter. Also, other needs that Would have come under Federal Revenue Sharing need to be addressed. Vine -Mayor McCann stated the minutes should reflect the City Attorney's opinion on reading ordinances in their entirety on first and second reading. " The amendments to the Articles of the Charter of the City of South Miami recorded November 17, 1978, subsequent to the Home Rule Powers Act, provide in Article II, Section 6 B(3) that "each ordinance shall be read in its entirety on both of the first, and second readings..." While it is unusual to make such a provision in a Charter that has beer, updated since the Home Rules Power Act and since the promulgation of 'Chapter 166 Florida Statutes providing procedures for adoption of ordinances and resolutions,, the ,Charter provision nevertheless exists' and controls." (continued);... rrM _i_ 11 fA #^1 M$ Z3 4 �, i ty Attorney oyi pion continued; be isne6 in r'iulEii�TiG17La LG i:hE �ilarLcl may with Section 5.03 of the Dade County cCodel which provides athat within 120 days after adopting a resolution or after certification Of a petition of 10% of the qualified electors." Vice -Mayor McCann complimented Administration and P regard to the 'door - hangers' notifying residents of newspaper & Zoning with with prompt removal of abandoned cars, buses, etc. on overgrown aper collection and lots. Mr. Mutch announced a new schedule for Comprehensive Plan an and Zoning November 25th, 1986 December 16th, 1986 Planning Board January 6th, 1987 City Commission (1st reading of ordinances) April 7th, 1987 City Commission (2nd reading of ordinances) April 7th, 1987 City Commission (2nd reading /Comp. Plan) City Commission (2nd readi.ng/ZOning) Mr. Mulch explained some $6 City has. been. spent. on Staff of all the required notices, etc and another 90 spent flours o be necessary for completion. Much of this time in preparation have to go to the contingency f manpower will i amount is not budgeted and the City will 9 y fundfor payment.. Mr. Mutch requested direction from the City omm Closing times for establishments serving liquor before samenisiprerented to Planning Board for consideration on their special use ordinance. Vented to the McCann asked if the parking can also be addressed; Mr. Mutch r Vice -Mayor requirements will be addressed in a separate ordinance, Malted the parking urged that one ordinance for hours by special Vice -Mayor McCann use not be passed wi appropriate parking requirements by ordinance. thout the Vice -Mayor McCann asked that Notice of Violations soon as possible. She would like these notices reworded only ask compliance as as to the time period, to be more specific Commissioner Schwait.stated Safe Streets at Halloween, s onso by the Red /Sunset Merchants Association and others had been p red l would like an appropriate letter to go out from the Commissionsuccessfu and he Commissioner Schwait noted door hangers explaining been distributed, but a scavenger in the area is still Picking them up before the City. He would like this situation addressed, P O newspaper pick -up have CCM -4- 11/4/86 rjn Commissioner Schwait urged a procedure for the selection of City Manager be set up at this time. After Commission discussion, it was decided that all resumes would be reviewed and each Commissioner would subnit his or her top 10 -12 choices. These will then be discussed, in depth, at a workshop meeting which will be held on Monday, November 11th; 1986, immediately after the PBA workshop meeting (about 8:00 P.M.) Vice- Mayor McCann voiced concern whether or not employees are using good work habits and excerising caution, particularly in public works department. Acting City Manager stated this has been addressed at a meeting between himself and both the acting Public Works Director and assistant Public Works Director. Vice -Mayor McCann stated concern for the safety of the employees; Commissioner Schwait noted the equipment is now broken again and trash collection is behind. Acting City Manager Turner stated he is trying to get loan equip- ment from the County; Commissioner Andrews Lantz suggested calling John Greene of Dade County to expeditito this matter. CITY ATTORNEY'S REPORT: Associate City Attorney Hamilton stated an order had been received from the Appellate Division of the Circuit Court on a suit filed by Ralph Symons and Barbara Kornblau. This is an older order to show cause and he does not anti - cipate any problems in this area. Commissioner Brown asked if the Attorney's firm has had success in reducing the case load of the City; Mr. Hamilton responded there have been three new cases of personal injury; no cases have been dismissed and the litigation control depends on_ when ' cases are heard. ORDINANCES /SECOND READING AND PUBLIC HEARING: #5 ORDINANCE NO. An Ordinance amending Section 7 -3.of Chapter 7 of the City Code by increasing the fees for building, plumbing, electrical, mechanical and sign permits, establishing.--the conditions and amount of quadruple fees, reinspection fees and other fees providing an immediate effective date and repealing all ordinances inconsistent herewith. Moved by Commissioner Schwait, second by Mayor Porter, this item be deferred to the next regular City Commission meeting. Vise -Mayor McCann stated she would not object to deferral`i'f direction is given to the Planning Department so that questions by the Commission, i.e. are some fees eliminated, what are the increases by %, are addressed. Commissioner Schwait asked this be deferred without hardship or prejudice; Commissioner Andrews Lantz asked also the questions posed be answered and the Planning Department, give reasons for their recommendations. Vice -Mayor McCann stated she also would like reasons for the increases recommended and expiainations such as sq. ft. for fences being used instead of lineal feet. CCM -5- 11/4/86 #5 (continued): Motion to defer passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Vice -Mayor McCann asked the City. Attorney for clarification with regard to either a third reading of the ordinance if the changes are substantial or would the Commission begin again with both the first and second readings. Associate City Attorney Hamilton responded either would be fine; a third reading would be acceptable. #6 ORDINANCE NO. 20 -86 -1266 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, PROHIBITING SKATEBOARD USE IN SPECIFIED AREAS. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to please step forward to be heard at this time. No one Wished to speak and the public hearing was deemed closed. Moved by Mayor Porter, second by Commissioner Schwait, this be considered the second and final reading of the ordinance in its entirety and it be adopted and assigned the next number by the City Clerk. Commissioner Andrews Lantz noted their was a problem also with bicycles and this may need to be included in the ordinance. Moved by Commissioner Andrews Lantz second by Mayor Porter, the ordinance be amended to include bicycles. Commissioner Schwait noted he had requested this before, but had been informed there are state regulations; Acting City Manager stated bicylists are required to stay on designated bike paths. Associate City Attorney Hamilton stated the ordinance had been prepared and subsequently advertised as 'skateboards.` and if it is the wish of the Commission j he will prepare the bicycle ordinance separately. Mayor Porter read into the record a letter from Ms. D. B. Alonso, who has stated she had almost been run down by skateboarders and also by bicycles while walking toward the downtown areas. Commissioner Brown disagreed with-including bicycles noting the new Comprehensive Plan encourages bicycling and also the City has placed bicycle racks in the downtown area. Mayor Porter and Vice -Mayor McCann noted there is no fine or other provisions for specific enforcement. Associate City Attorney Hamilton stated Section 3 of the ordinance allows Police Department descretion in enforcement. Most of the offenders would be juveniles and their co- operation is expected. Acting Police Chief Romine asked for direction for enforcement by his depart- ment. Commissioner Schwait suggested trying the ordinance for one or two months and if it doesn't work, the Commission can amend it to make it more harsh. The Acting City Manager and Acting Police Chief can report back to tse- Commission with regard to effectiveness of the ordinance as soon as possible to determine if further Commission action is necessary. CCM -6- 11/4/86 rjn Item #6 (continued): Acting City Manager stated at this point the offenders will be warned and, if necessary, the skateboard impounded. Motion passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. #7 ORDINANCE NO. 23 -86 -1269 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR THE ISSUANCE OF ITS TAX ANTICIPATION NOTE TO FINANCE CERTAIN ADMINISTRATIVE AND OPERATING COSTS OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORING SUCH NOTE TO BE ISSUED IN A PRINCIPAL AMOUNT OF $1,000,000 OR SUCH LESSER AMOUNT AS MAY BE ADVANCED AS PROVIDED HEREIN; PROVIDING FOR THE DISCURSEMENT OF PROCEEDS OF THE NOTE; PROVIDING FOR REPAYMENT OF SUCH NOTE FROM AD VALOREM TAX REVENUES AS PROVIDED HEREIN; AUTHORIZING AND AWARDING THE SALE OF SUCH NOTE TO BARNETT BANKOF SOUTH FLORIDA, N.A., MIAMI, FLORIDA, UNDER THE TERMS PROVIDED HEREIN; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITU; DESIGNATING THE NOTE AS A QUALIFIED TAX EXEMPT OBLIGATION FOR PURPOSES OF SECTION 265 OF THE INTERNAL REVENUE CODE OF 1986; PROVIDING AN EFFECTIVE DATE. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to please step forward to be heard at this time. No one wished to speak and the public hearing was deemed closed. Moved by Mayor Porter, second by Vice -Mayor McCann, this be considered the second and final reading of the ordinance in its entirety and it be adopted and assigned the next number by the City _Clerk. _ - Vice -Mayor McCann voiced objection to Section 13. of the ordinance which leaves too much descretion to the Finance Director. She would perfer this to state Finance Director with approval of the City Manager. Also, she would like a sentence 3 toad 'the City Commission s a e notified within 48 hours of each transaction' Commissioner Andrews Lantz said the Charter states the Commission must have a 4/5 affirmative vote to borrow money and she would prefer the City Commission follow 'this procedure and accomodate the need of the City by resolution under the enabling ordinance. Mayor Porter agreed stating the City Commission, notified by the City Manager, would know far enough in advance to follow this procedure and the advances can be handled in a routine manner. Associate City Attorney Hamilton stated his opinion there is an ambiguity in the City Charter and he does feel the bank would prefer each transaction be done by ordinance. The closing on this note takes place tomorrow, but an additional step of an ordinace could be put in as an additional step. After further discussion it was decided Section 13. would state 'if and only if such is authorized by a 4/5 resolution of t e 'City Commission.' Motion was made by Mayor Porter, second by commissioner Andrews Lantz and passed unanimously: Mayor Porter, yea; Vice- Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, 'yea. CCM -7- '11/4/86 rjn #7 (continued): Vice -Mayor McCann called the attention of the Commission to Section 15(3) where is states "Funds in the Sinking fund may be invested only in Defeasing Investments." That definition is not clear and she requested a definition be given to the Commission before the ordinance is voted on. Associate City Attorney Hamilton stated he is not familiar with_ the term; Commission requested a 15 meeting deferral of the ordinance until the definition is clarified. Acting City Manager Turner explained to the Commission the City does intend to borrow the remainder of the $650,000 shortfall amount ($300,000) on the next day and if an enabling resolution is needed, this may need to be done at this time. ** Refer page 18 later in the meettryg. Moved by Mayor Porter the word 'defeasance' be stricken. Associate City Attorney Hamilton cautioned this may be a requirement of the bank regarding this certain type of document and would warn the Commission against such removal. Motion died for lack of a second. Moved by Vice -Mayor McCann, second by Mayor Porter, the vote on the ordinance be deferred for clarification. Motion passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz,yea; Commissioner Schwait, yea; Commissioner Brown, yea. * *Vote deferred** RESOLUTIONS/PUBLIC HEARING: #8 RESOLUTION NO. 108 -86 -6078 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, RENEWING A HOME OCCUPATIONAL LICENSE TO MARION SECRIST, D /B/A PALM BEAUTY SALON FOR A PERIOD OF ONE YEAR COMMENCING OCTOBER 1 1986, AND ENDING OCTOBER 1, 1987, AT 6271 S.W. 44TH STREET, SOUTH MIAMI, FLORIDA. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to please step forward at -this time. No one wished to speak. Mayor Porter noted the City Clerk has stated five (5) letters in support of Palm Beauty Salon have been received; no letters against have been received. Motion passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea Commissioner Andrews Lantz, yea; Commissioner' Schwait,yea; Commissioner Brown, yea CCM -8- 11/4/86 rjn �g 1 t ,i RESOLUTIONS - PUBLIC'HEARING CONTINUED: #9 RESOLUTION NO. 109 -86 -6079 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING THE APPLICATION OF JOHN FULLERTON FOR A CONDITIONAL USE PLANNED UNIT DEVELOPMENT CONSISTING OF 19 SINGLE FAMLIY HOMES, AS TO CERTAIN DESCRIRED PROERPTY LOCATED AT 6491 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, PROVIDING FOR THE ORIGINAL DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT DOCUMENTS TO BE IN FILE WITH THE CITY CLERK OF THE CITY OF SOUTH MIAMI, AND AMENDING THE OFFICIAL ZONING MAP OF THEI)CITY OF SOUTH MIAMI TO SHOW SAID CHANGE. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to please step forward at this time. John Fullerton, applicant, owner, and architect, with offices at 6701 Sunset, addressed the Commission.to introduce his attorney Tony O'Donnell from the firm of Greenberg, Traurig, et al, 1401 Brickell Avenue Miami, Florida, Mr. O'Donnell stated to the Commission this Planned Developmemt is consistent with the private use consistent with other homes in the area and is a good use of this property. The City's policy has been to maintain Sunset Drive as a residential corridor and this property 011 protect that integrity as well as be a major buffer zone on*= Sunset Drive. He would Bike to call specific items to the Commissions`. attention: 1) every tree on the property, except at the entranceway has been maintained 2) 68% of the project is open space 3) the pond has been preserved and a maintenance program addressed 4) the architectural integrity of the Orr House has been maintained and a covenant made so subsequent owners will also maintain. He closed stating the Environmental Review Board, the Planning Board and Staff of the City of South Miami have all recommended approval. The criteria set forth in the City of South Miami Planned ''Development Ordinance has been met. Commissioner Andrews Lantz inquired about ingress and egress to the property from Sunset; - -Mr. O'Donnell responded it is limited to the S.E. corner of the property except in emergency. In response to Commissioner Schwait, Mr. O'Donnell agred a U -turn would be necessary for access to the property, but that fact would hold true no matter what houses would be put on the property because of the median strip. Mr. Jack Mulstead, traffic engineer for the project spoke to the Commission to verify this information and to statel'traffic in the project is addressed by residential streets to the individual homes just the same as it would be if the project were 16 single family homes. Commissioner Schwait asked for clarification on the 'guard house' on the property; Mr. Fullerton explained '!this would control vehicular access to the homes and after -dark pedestrian access to the property- Commissioner Schwait asked for information with regard to Orr's Pond; Mr. Fullerton explained this will have a pathway for joggers and walkers and will have the surrounding area mowed. CCM -9 11/4/86 rjn #9 (continued) Vice -Mayor McCann questioned the lot square footage with regard to the project; Mr. Fullerton replied they are from 9,900 to 5,000 with the average lot being 7,400. Vice -Mayor McCann noted this would preclude pools and spas; Mr. Fullerton responded lot coverage would not exceed the permitted 30% on each lot. Vice- Mayor McCann stated concern with Commission would be beseiged' with requests for those buying the homes to add pools. Commissioner Schwait asked whether those homes under Planned Development still follow basis zoning criteria. Mr. Mutch explained the setback designed by Planned Development does not follow setbacks in RS -3 districts. There are dimensional requirements in Planned Development and the hardships are self-imposed. The setback lines for each property are shown on the plans. Mr. Fullerton noted there would never be any building into the setbacks, application for Planned Development states the homes will not exceed permitted lot coverage. 2) Mr. Christopher Cooke-Yarborough, 6802 S.W. 64th Avenue, spoke as a neighbor to the project, founder of Neighbors of Cocoplum (a neighboring subdivision), an architect and a member of the 'City's Planning Board. He stated the Development is slightly different, but does, in his opinion, enhance the area. The boundaries, are behind a coral rock wall which will be maintained, there will not be any other fences or walls more than 4' in height so the homes and trees are visually accessible and he noted the project as good start toward maintaining the residential character of that area. 3) Ms. Beatrice Linden,South Miami resident, submitted to the Commission a petition, signed by some 25 neighbors, who urge the property stay as it is now, perhaps becoming a neighborhood park in the future. She stated concern with density, U -turns into the project and noted that S.W. 65th Avenue is only one lane and will not be able to handle the traffic to the project. She also expressed concern with the trees on the property being cut at some later date. Vice- Mayor McCann questioned the preservation of the trees; Planning Director Mutch suggested placing in the Planned Development Order the Staff recommendations as a statement (Staff report) which would then include the items the Staff recommends such as the preservation of the trees. 't 4) Ivan Rodriguez, Director, Dade County Historic Preservation, commended the Commission on amending the Planned Development requirements to make them more stringent. He does think the architect was sensitive to the neighborhood and has addressed, also, the historic preservation of the Orr House. 5) Rob Stevens, President of South Miami Homeowners Association, addressed the Commission in opposition to the project stating it is not in character with the- surrounding neighborhood and is contiguous to another project, The Banyans, which " is also way over the City's permitted density. 6) Richard Marks, 6440 S.W. 62nd Terrace, stated concern this project may subject the City to unexpected expenses, such as liability for the 10' deep pond, and stated the City should seek to bbtain a hold harmless agreement for that pond. Vice -Mayor McCann noted there are many other properties in the City with water and questioned the liability of just this one; Associate.City Attorney Hamilton stated he is satisfied', with the Planned Unit Development in this regard and does not see specifically any additional liability for the City'. No one else wished to speak and the Public Hearing was deemed closed. CCM -10- 11/4/86 rin J0. k _(continued): Moved by Mayor Porter, second by Commissioner Brown, the resolution be adopted and assigned the next number by the City Clerk. Commissioner Brown asked Planning Director Mutch for the Staff recommendations on this Planned Development. Mr. Mutch said the Planned Development is in conformance with the requirements stated in Sections 16 -22, 16 -23, 16 -24 and 16 -25 of the City's Code. The Commission packet had contained Staff recommendations dated October 7th, 1986, entitled "Orr's Pond ". This states the various items of concern of Staff and over -all recommendations. Staff has recommended approval with the following conditions: 1) the 25' area be reserved for right -of -way on the west side of property either: a} have a public access easement granted granting public access conveyed to the City with the stipulation that the-�area will be maintained by the property owners of the project with the lighting on the pathway, incorporated into the public access easement also be paid for by the association or b) the strip of property be conveyed to the City with the stipulations as stated above and the improvements made by the owners of Orr's Pond. 2) All trees to be maintained shall have work barriers put around them Any tree which is 'shown to be preserved* on the site, if it is destroyed or dies within the first three years after or before completion of the project shall be replaced on a, caliper inch for calipher inch basis with'the minimum diameter for a replacement tree to be four inches (4 ") (species for species replacement required). Also, staff has received and would like to A ncorporate as 3) the following conditions for preservation of the Orr House: 3) a. the owners of the Orr House will expeditiously seek historic designation under the City and /or County Codes for historic, designation. b. the survey and legal description of the Orr's house site, as proposed in the Planned Development Plan will be forthcoming and incorporated into the exhibits for the Planned Unit! Development within one month of the adoption of the Resolution. c. a covenant will be placed with the title of the new Orr's residence property stating that the ownersviill maintain the exterior of the building in compliance with the existing Metro -Dade County historic preservation ordinance and that this covenant will be in force for fifty (50) years. d. If a demolition permit is requested at any time after that fifty (50) years, the City of South Miami will get the option to purchase the structure at its' tax assessed value within thirty (30) days after the request for demolition and move the structure to another site. and that the requests of a demolition permit, at that time, would be accompanied by a proposal for sale to the City of South Miami. Mr. Mutch stated Staff also has prepared the resolution and this does state various factors relating to the Planned Development. Staff believes that the density, as proposed, is appropriate and is in accord with the zoning code of the City of South Miami and the various sections relating to density in Planned Unit Developments. CCM -11- 11/4/86 rin #9 (continued): Also, Mr. Mutch stated, all other factors have been incorporated into the "resolution. If the Commission agrees with the items, the Commission would need to make that part of the motion to adopt the resolution. If the Commission does not support the resolution, it would be appropriate, in denying it, to specify reasons and set forth finding of fact. Vice -Mayor McCann posed the question to Mr. Mutch that the land, now zoned RS -3, now a Planned Unit Development is being planned, and it is up to the Commission. She does not see any requirement the Commission must approve of this Planned Unit Development and would like to know if this requirement is part of South Miami zoning. Mr. Mutch explained this comes as a special use permit rather than a rezoning of the property and as a special use permit the decision comes under the quasi - judicial functions of the City Commission. If the criteria is met under the Special Use Permit, Commission would need to make a finding -in -fact as whether it meets the requirements or not. Vine -Mayor McCann stated she would like the record to reflect she disagrees with the applicants attorney, Mr. O'-Donnell, as to why this property would or would not be a good park or why the City chose or did not choose to purchase the property. Additionally, she would not want anyone to think that his comments on the zoning on sunset were anything but an arguement on a zoning matter. Vice- Mayor McCann reiterated her concerns on the Planned Development Housing 16 -20, lines 15 through 20 where it specifically states "it is the intent of the general-regulations applicable-to planned development and these additional regulations applicable to PD -H Development to encourage planned residential development and re- development and that these provisions be utilized as an aid in providing housing of a variety of types and density for persons of all income levels." She does not think that regulation applies to this presentation. Page 1447, line 7 through 18 speaks of density 16 -24 dines 5 through 8 specifically state "site planning within PD -H development will provide protection of the development from potentially adverse surrounding influence and protection of surrounding areas from potentially adverse influences from within the development." Resolution- states, under "P" the City arranges for hospital and accessory use and she is not certain why this wou'l'd be included. Resolution• does not .6ecessari,ly agree with "T" A_ portion of resolution that notes the City recommends that the easement on S.W. 65th Avenue be dedicated to the City, but allowed to be used by the Planned Development as part of the "gross area ". The developer must give tothe City of South Miami a 25' strip and she is adamant in her desire that the land be given to the City so if the City deems it necessary, at any time, the road be widened,' condemnation procedures are n'ot necessary. Also, the developers shouldnot be able to use this as their ' gr;ss area' . 16 -24 -4 Staff talks about uses adjacent to residential districts, lines 9 - 14, addresses street for protection and not abutting residential backyards. This portion was put into the ordinance to protect the residential uses. CCM -12 11/4/86 rjn #9 (continued): be used for buffer and would nrPrIuda A nr;„atc c_t_roat tiding' I— ated y4 -� of the eastern boundary of the PD -H. V�y y� These and other reasons have brought her to the important issue that when a developer is requesting a more intense density this would be an agreeable situation. She voiced concern with the preservation of the Orr House and stated she did not like 'walled -in' communities within a City, which tends to make those inside not be a part of the City. Vice- MayorMcCann also noted that if the developer gave the number of houses that could be placed on this RS -3 piece of property if there was nothing already there and not even trees, that number would be 16. This is not necessarily the best planning but the number calculated to the highest density. Mr. Mutch has stated the different planning and concerns with the Planned Development calculations, but if you take the property and the surrounding area, leave the house and the pond, there would not be room for this many houses and the neighbors that have stated concern have a very valid point. Anything beyond the 16 units and the Orr House is too dense and could accept the Planned Development with only the following recommendations 1) the number of houses be changed from 19 to 17, one being the Orr House; 2) the land dedicated to the City for the future roadway. Vice -Mayor McCann concluded the City does have the right to make certaid demands and has the obligation to seek quality and the best project for the City. Commissioner Brown stated there are _additional documents that the City Commission has received that are not part of the proposed ordinance. There are things, such as the Staff recommendations, that should be incorporated. Also, a condition is set forth under Section 3 Conditions as recommended by Staff of 25' right -of- way on the West side of the property should be incorporated. He does feel, considering the multitude of the property, this Planned Unit Development is well - thought out and a welcome addition to the community. He voiced concern with the walkway on the western side of the property and the pond. There are school -age children traveling on that pathway; also children living immediately behind the project. He would urge the developer to excercise caution and provide protection from the pond'. Commissioner Schwait asked Mr. Fullerton, developer, what would be his feelings on the 17 homes suggested rather than 19 single family homes. 3 Mr. Fullerton replied this would not be financially feasible and would put a tremendous burden on the development. He would be inclined just to place the 16 house, lined up along Sunset Drive, on that property should the density not be granted. He -did note the density follows the City's zoning ordinance. . . Mayor Porter questioned the density when the zoning ordinance states 16 homes would be permitted; Mr. Mutch explained the zoning ordinance allows for 4.36 units per acre density and the applicant has requested 4.144 dwelling units per acre. V ice - Mayor McCann said her statement with the zoning code permitting 16 houses was addressed to that parcel of land if it were not a Planned Unit Develop - ment. The statement of whether 'this project satisfies the criteria of a Planned Unit Development is very questionable in her mind which states".. houses of different densities and different economic ranges..." Each Commissioner must read the proposal and determine if it qualifies as a Planned Unit Development and it is her opinion that it does not meet the initial purpose of this portion of the ordinance. CCM -13- 11/4/86 rjn Item #9 (continued): Mayor Porter asked if the strip of land next to 65' Avenue which will be dedicated is being calculated as part of the lanri +n arri.o �+ �h° _� ��•+�� +� figures. Mr. Mutch said he believes that it is. The density is calculated using the 25' but is based on a gross basis and the designation in the Comprehensive Plan of 4.36 and then, of course, under Section 16 -3 of the Zoning Ordinance where it says; RS -3 District ...'4.36 dwelling units per net acre...' There's a difference in the interpretation of how 4.144 was concluded. The applicant supplied the information to the City and the City confirmed that information was correct. Mayor Porter noted a similiar project, Davis Gardens, came to the City (1981) and asked for PUD, the City said as long as the density wasn't increased And he ate would like to -:know if both projects were calculated in the same manner under the City's PUD ordinance. Mr. Mutch stated he did not know, he was not here At the time, but the rules should; be applied equitably. Mr. Fullerton said his project is exactly the same: private road, net denisty of RS -3 proportions and the difference is the lot sizes on this project are larger than Davis Gardens.. Mr. Fullerton reiterated the zoning' ordinance permits the 4.36 density, the project is 4.144 and if - here is a quarrel with density it:shouldbe addressed in the zoning ordinance. Vice -Mayor McCann rre uted the statement noting this area is zoned RS -3 and "it is the Commissions' ability and right,whether,in their mind, rider the guidelines of the zoning ordinance, this qualifies under a Planned Unit velopment and a'Special Use. .Commissioner Schwait asked if the landscaping between the homes and the road would be extensive so no gap is apparent. Mr. Fullerton replied to the back perimeter road stating it would be an op -weave chain link type of fence, green in color and only 4' high. This will allow some visability and air movement and the fence will be landscaped. The road was placed on the far boundary of the project to allow the houses on that side be placed back some 47' to 50' from the neighbors. Commissioner Schwait objected to a three (3) year period of time for preservation of trees and will move, later in the meeting, to make that period of time ten (10) years. In closing, he has not favored Planned Unit Development, but after much thought, this is in the best interest of South Miami in an effort to protect Sunset Drive in that area. He would support the project with amendments: a ten year limitation on preservation /replacement of trees-and that a 25' area is reserved for right -of -way on the west side of the property. He would like to know if there is any problem with S.W. 65th Avenue remaining one lane and the City having the right -of -way dedication. Mr. O'Donnell responded a perpetual public easement would be placed across the 25' and included, in that, a maintenance obligation with use for the public for pedestrian and 1, bicycle paths and a provision the land, will be conveyed, without charge, at any time that it is required' by, 'the government for public right -of -way purposes. Vice -Mayor McCann stated if the City requires the avenue be developed, the City would have to pay so the City would be remiss not to ask for abond or some other provision because if he were doing a standard development, he would have to develop this and provide curbs, gutters, sidewalks etc. This is part of their obligation for development. Commissioner Brown asked Mr. Mutch for clarification under PUD if section C does, not already provide for public improvements such as this; Mr. Mutch said Section C. requires the developer place a bond or an irrevocable letter of credit in the amount of 125% of updated improvement costs as part of the resolution. To be fair to the developer, he recommended a time limit be place upon the letter of credit. CCM -14 11/4/86 rjn Item 49 (continued): Vice -Mayor McCann voiced concern with the time limit, especially when no plans for that road widening are on record this date. She would urge the money that it would cost now for the roadway improvements be placed, by the developer, into a bank account for the City so the widening can be done when needed and /or required. Commissioner Andrews Lantz agreed with many of the other comments ragarding the development of the property maintaining the residential character of the City and maintaining historical building and wall. The project is pleasing, the traffic would occur no matter what was placed on the property and any alternative, i.e. homes placed side -by -side would not be as compatible. She would not be in favor of collecting any money now for a street that may never be widened, but the City could impose an impact fee, staff could_ recommend a time period for the developer's responsibility in widening the road. Mr. Mutch asked if the project was a standard project would the bond or letter of credit would be required. The requirements should be equitable. A perpetual easement is normally what is requested/ required under standard sub- - division. He would not be able to set an appropriate time limit on street widening, there are not any plans at this time, but the applicant's traffic engineer may be able to address the 'question. Mr. Mutch suggested a statement be included into the resolution stating that if the City wanted to widen the road at a future date, assessment will be made on the homeowners association on the amount of the improve- ment, at that time. Mayor Porter said he would make that-motion. Commissioner Schwait moved that the PUD resolution state that all trees that are to be maintained on the site have work barriers placed around them and any tree that is destroyed or dies within the first ten (10) years before-:or after the completion of the project shall be replaced on a calj,pher- for- calipher basis ( specie -fnr- specie also), with the minimum diameter of replacement tree to be 4 ". Motion seconded by Commissioner Andrews Lantz and passed: Mayor Porter,yea; Vice = Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea Mr. Mutch requested the Commission remove sections o. and p, from the resolution (error). Moved by Mayor Porter, second by Commissioner Andrews Lantz and passed unanimously: Mayor Porter, yea; Vice-Mayor-McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Commissioner Andrews Lantz requested that, from now on,' pages on the individual resolutions and ordinances be numbered. Moved by Vice -Mayor McCann that Section q. "...providing that the land shall be included in the overall calculations for density." be removed from the resolution. Motion died for lack of.a second. Mr. Mutch suggested that Section q. contain, suggested right -of =way requirements so it is a stipulation in t e resolution and part of the covenant addressing the ownership. This Section q would then read as follows: CCM "The applicant further agrees to provide a public pedestrian easement along with west 25' of the property and agrees to record covenants as part of said easement which require futured owners of said 25' easement parcel to (1) maintain said land in perpetuity as a public pedestrian area which shall be included in the overall area calculations of the property for density; and (2) upon a determination by the City Commission that a widening of S.W. 65 Avenue is required, to dedicate and improve said 25' for public roadway purposes." -15- 11/4/86 rjn #9 (continued): Mr. O'Donnell stated the applicant would be willing to provide, to the City y, a covenant acceptable to the City Attorney, which would obligate the owners Of the property, in the event it is needed for right -of -way purposes, to dedicate it for said purposes and also to pay, on a pro -rated basis, the assessment for making the improvements.. street improvements. This covenant could be running -with- the -land and could transfer with ownership. City Attorney Hamilton said he would prefer this is attached to the land and be recorded, as well. Moved by Mayor Porter, second by Vice -Mayor McCann,.the.preceding be included in the resolution (please 'see page 15 for beginning of amendments). Motion passed 4/1: Mayor Porter, yea; Vice- Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Brown, yea; Commissioner'Schwait, nay. Mr. Mutch requested the resolution include the historic designation of the Orr House be sought within one (1,) month after adoption of the PUD resolution and Special Use Permit. Motion was made by Commissioner Schwait and seconded by Commissioner Andrews Lantz. Motion passed unanimously: Mayor Porter ,yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea, and incorporated into the resolution as Section o.: o. "The applicant agrees: (1) to seek historic designation of the principle house of the Orr `residence under the City and /or Metropolitan Dade County regulations for historic preservation; (2) to provide a survey and legal description of the new site for the principle house of the Orr residence requiring that the owner will _maintain the exterior of the building in complaince with presently` existing regulations of the Metropolitan Dade County historic preservation ordinance which covenant would be enforceable for a period of fifty (50) years; and (4) if' a demolition permit for the principle house of the Orr residence is requested at any time after, adoption of this resolution, to provide the City (at the time of said request) with an option to purchase the structure at its then tax - assessed value within thirty (30) days of said request." Vine -Mayor McCann moved that the number of units allowed in the PUD be seventeen (17) rather than nineteen (19.). Mayor Porter seconded the motion for discussion and asked the Planning Director, Mr. Mutch, to restate the density calculations as the permitted amount for that property by the City zoning ordinance. Mr. Mutch stated the Code specifies that 4.36 units per acre are permitted on the site and the applicant is requesting 4.144 units per acre. This has been reviewed and calculated and all agree that the density of 4.144 is the correct calculation and that it is within the number of units allowed per Section 16 -3 of the Zoning Ordinance. Mayor Porter again asked, for clarification, the density as currently zoned. Mr. Mutch replied this criteria has been met. The City Code specifies 4.36 dwelling units per acre as the density permitted in the RS -3 district. If the property is subdivided because of the restrictions placed upon that property because of the dimensional characteristics, you can only get 16 dwelling units on it because of the requirements ofthe RS -3 District requirements. If you had the same number of sq. ft. but different dimensions on a different piece of property, you could get 4.36 dwelling units per acre on the same number of sq. ft. and you could'accomodate 19 dwelling units on that site. CCM -16 11/4/86 rjn 1 r _ t 'Item (continued): Vice -Mayor McCann explained the twenty -five people signing in opposition to the PUD have requested the same zoning the surrounding residential area.. If the zoning codes g ng the petition a specific number of residential a ea. s, it does not g °r that development as states you may 'have up t. It means if you can get that number of units on the Property that number must be built. ments' being met, you may build that amount. Under thise ro with all other development contain 16 units. The zoning on this particular permit contain density, s. would be impossible to is provision, the development the other requirements would not be impossible r Ron Piece grope property. does the Commission must decide if this met p this on the property because all t with regard to setbacks, etc. In addition, a Planned Unit Development Project in does meet the stated requirements for and densities for persons ofeall�income� levels ", does not adhere to the setback requirement " 'houses of a variety of types regular zoning, therein the density is The Planned Unit Development s, roadway requirements; etc. of more intense. Motion to change density from 19 to 17 (including rr Mayor Porter, yea;�•/Vice -Mayor McCann, yea Commissioner Andrew House) failed: Commissioner Schwait, nay; Commissioner Brown, nay. y (2/3), s Lantz, nay, Vice- Mayor McCann questioned walls and fences as no Mr. Fullerton responded the front wall will remain as it is, in plans. cleaned and will remain the same:. type and height as part The only modification will be s, will be refurbished and Property. p t of the historic part he the access point, a curve inward to match the west corner. on the east corner of the property, in looks. The surrounding wall (which is rubble) will remain height, the The gate will remain the same Will be cleaned up. The wall dividing the public access _ease the same height, but link fence, dark green in color, which will n6t be more than north and east will be the same also, 5' in height. easement will be a chain Vice -Mayor McCann that these requirements are n an 5' in height. The ,fence he Munch responded t. of in the plans at this time. Vice -Mayor McCann moved the requirements pertaining included, as stated above, in the Planned Development Mayor included, ,yea; d above ove i McCann ,yea; Commissioner o to fences and walls be Resolution. Motion passed: yea Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, Vice -Mayor McCann voiced concern the Planned ,Dev requirements set forth in Section 16 -24 -4 of the zon separation in the area. ing ordina single family residential zoning it must have elopment does not meet e open space of atn least �501 to serve as e Moved by Vice-Mayor ...McCann - the street on the east side of the property not be re permitted to be located within 201 of the neighborin res property. Motion seconded by Commissioner Schwait. 9 idential ro p P Mr. Fullerton said-both considerations had been roadway, and with the road put on the outside makes the homes between them and the neighboring residences'.��rhi n made in the placement of this place- ment. es have some 47' feet ch is preferable to inside road Motion failed ;.Vice -Mayor McCann Mayor Porter, nay; Commissioner Andrews �Lantz,Cnay ;sComm s Schwait, Commissioner Brownednay. Motion on Planned Developmemt Resolution, as amended, Mayor Porter, yea; Commissioner Andrews Lantz nded, passed 4/1: Commissioner Brown, yea; Vice -Mayor McCann, "nayyed� Commissioner Schwait �. Yea ; CCM -17 11/4/86 rjn w RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE OFF -SITE PARKING LEASE BETWEEN COACHES MANAGEMENT, INC. (F /K /A JJ'S BAR & GRILL) AND THE FIRST NATIONAL BANK OF SOUTH MIAMI PURSUANT TO SECTION 20 -`4.4 (F) (2) (c) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI. WHEREAS, Section 20 -4.4 (F) (2) (c) of the Land Development Code of the City of South Miami was recently amended to allow a portion 'of off -site parking requirements to be fulfilled by a Lease of one year or greater; and WHEREAS, Coaches Management, Inc. (f /k /a JJ's Bar & Grill) wishes to use a section of its present parking area for an outdoor patio seating area, which additional seating area has been approved by the Environmental Review and Protection Board upon the condition that an additional 17 parking spaces be provided; and WHEREAS, Coaches Management, Inc. has now obtained from the First National Bank of South Miami a one year Lease in the proposed form attached hereto for the rental of 25 off -site parking spaces; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Lease Agreement between the First National Bank of South Miami and Coaches Management, Inc. in the form attached hereto for the rental of 25 parking spaces for a minimum term of one year be, and the same is, hereby approved as meeting the requisites of Section 20 - -4.4 (F) (2) (c) of the Land Development Code of the City of South Miami. PASSED AND ADOPTED this day of January, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: a .MICHAEL CAMPBELL _kW QMCES D. MICHAEL CAMPBELL 8603 S. DIXIE HIGHWAY. SUrrE 303 MIAMI. FLORIDA 33143 December 27, 1991 HAND - DELIVERED TEL (305) 6616161 FAX 1305) 661.0822 `favor and Citv Commissioners City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Pending Amendment to Section 20 -4.4 of the Land Development Code Coaches Management, Inc. (f /k /a JJ's Bar & Grill) Proposed Off -site Parking Lease Dear Mayor and City Commissioners: As you may or may not be aware, Coaches, formerly known as JJ's Bar & Grill, occupies and operates a sports bar located at 5859 S.W. 73 Street, South Miami, Florida (just South of JJ's Diner.) Currently, Coaches provides seating for its patrons within the interior of the building but desires to transform the section of the parking area located directly in front of the sports bar into an outdoor patio seating area. Although this improvement has been initially approved by the Environmental Impact Board, the Land Development Code requires the addition of approximately seventeen (17) parking spaces to accommodate the additional seating provide& in the patio area. Coaches has already negotiated with First National Bank of South Miami to lease twenty -five (25) additional off -site parking spaces (,eight (8) more than required by the Code) on a month -to -month basis. However, the sports bar and the bank have further agreed that if required, a longer lease term of one (1) year would be acceptable to each. Accordingly, attached please find a copy of a proposed annual Lease Agreement 'wherein, Coaches is leasing on an annual basis, twenty -five (25) off -site parking spaces from First National Bank of South Miami. In anticipation of your final vote regarding the proposed Amendment to Section 20- 3.4(B) . of the Land Development Code, which essentially requires a lease term for off -site parking spaces to be for at least one year, Coaches would offer its attached and proposed lease with First National Bank of South Miami for approval by the Mayor and City Commissioners in the event the proposed amendment is passed or approved in part with essentially the same requirements. Accordingly, we would ask that the above requested resolution of Coaches' proposed off -site parking, Lease be placed on the January 7, 1991 agenda. Mayor and city commissioners December 27, 1991 Page Two Your cooperation in this regard is greatly appreciated and should you have any questions, please do not hesitate to contact the undersigned at vour earliest convenience. Si Mich el a pbell, Esq. Attorney f r Coaches DMC /gar Enclosure D. MICHAEL CAMPBELL 8603 S. DIXIE HIGHWAY. SUITE 303. MIAMI. FLORIDA 33143. TELEPHONE 661-6161 a { osed p LEASE AGREEMENT PARKING SPACES —1 ]i LESSOR: SOUTH MIAMI CORPORATION (FIRST NATIONAL BANK OF SOUTH MIAMI) South Miami, Florida LESSEE: COACHES MANAGEMENT, INC. 5859 S.W. 73rd Street South Miami, Florida 33143 LOCATION: First National Bank of South Miami S.W. 74th Street Parking Lot PARKING SPACES LEASED: Twenty -Five (25) Parking Spaces TERM: One Year, Renewable Annually Commencement Date January 5, 1992 RENTAL INCOME: Twenty Dollars ($20.00) per space per month: (25 spaces x $20 /month = $500 /month) Total: $500.00 / month Sales Tax: $ 30.00 TOTAL: $530.00 / month TERMS: Lessor assumes no liability for theft, collision, fire, damage or injuries of any kind while suing the parking facility. In the event this Agreement is cancelled or not renewed, Lessor agrees to notify in writing: Building and Zoning Department CITY OF SOUTH MIAMI 6130 - Sunset Drive South Miami, Florida 33143 Acceptance of these parking cards constitute acknowledgement by the Lessee that he has read and agrees to these terms If Lessee loses a -card, there will be a $10.00 card replacement fee. Lessor: Lessee: By, Aft Se By: Y Date: Q ` Date: e+�' �oQ t- `i RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF HE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PUR HASE OF A FORD DIESEL 6.6L REPLACEMENT TRASH DUMP TRUCK FOR A TOTAL PRICE OF $37,942.00 FOR THE PUBLIC WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT; NUMBER 1720 -6430: "EQUIPMENT - OPERATING" i WHEREAS, pursuant to the 1991 -92 Budget of the City of South Miami, Florida, the Public Works Department .o the City of South Miami, Florida was authorized to purchase a replacement trash dump truck; and WHEREAS, the Administration of the City of South Miami has obtained a cost of $37,942.00 from Atlantic Ford Truck Sales, Ft. Lauderdale, Florida, pursuant to the following governmental bid: State of Florida contract number #070- 700 - 100 -8. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration be, and hereby is, authorized to purchase a Ford Diesel 6.61, trash dump truck from Atlantic Ford Truck Sales, Ft. Lauderdale, Florida, at a cost of $37,942.00, pursuant to the following governmental bid: State of Florida contract number #070 -700- 100 -8. Section 2. That the disbursement be charged to account no. 1720- 6430: "Equipment - Operating." PASSED AND ADOPTED this day of February 1992. APPROVED: MAYOR ATTEST: CITY' CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY" i ATLANTIC FORD TRUCK SALES 2565- WEST STATE ROAD 84 FT.LAUDERDALE FLORIDA 33312 1 -305 587 -8220 CITY OF SOUTH MIAMI CHARLES CHRISTIE F_ . u _ 11/18/91 PRICE LEVEL: 203 MODEL YEAR.: 1992 QUOTE# CLAREN PAGE: 1 SERIES: F700 NUMBER OF UNITS: 1 SALESPERSON: GEORGE ELLISON MAJOR COMPONENTS — TRUCK DESCRIPTION: W8 =237 CA -168 AF -130 OAL ■401 ENGINE: FORD DIESEL 6.6L 185 HP 2400 RPM 50S TRANSMISSION: ALLISON AT -545 4 —SPEED AUTOMATIC FRONT AXLE: 9000 LS FRONT AXLE z REAR AXLE: 21000 L8 ROCKWELL RS-21-230 STEEL 2S AXLE RATIO 4.30/6.00 PAINT; PURE WHITE FRONT GAWR: 9000 REAR GAWR: 21000 FRAME GVWR; 31000 TOTAL GVWR: 30000 k_ RETAIL TOTAL VEHICLE PRICE (EXCLUDING TAXES AND TITLE); 37942.00 TRADE IN ALLOWANCE: 0.00 SALES TAX: 0.00 FEDERAL EXCISE TAX: 0.00 LICENSES AND TITLE FEES 0.00 TOTAL DELIVERED PRICE: 37942.00 CUSTOMER DEPOSIT: 0.00 BALANCE DUE 37942.00 COMMENTS: 1991 -STATE OF FLORIDA CONTRACT #070 -700- 100 -8 DEALER SIGNATURE DATE - C +� CUSTOMER SIGNATURE DATE o� y 8 CITY OF SOUTH MIAMI CLAREN PAGE: 2 DESCRIPTION BASE VEHICLE. PRICE WB =237 CA =1$8 AF =130 OAL -401 FORD DIESEL 6.6L 185 HP 2400 RPM SOS ALLISON AT -545 4 -SPEED AUTOMATIC 21000 Le ROCKWELL RS-21 --230 STEEL 2S AXLE RATIO 4.30/6.00 9000 L6 FRONT AXLE' 9000 LS CAPACITY MULTI —LEAF 23000 LB CAPACITY W/4500 Le Aux 18.0 SM 50000 PSI SINGLE CHANNEL RIVETED AIR BRAKES FRONT CAM 15" X 4 AIR BRAKES REAR CAM 16.5° x 7" TYPE 16 FRONT AIR BRAKE, CHAMBERS DIFFERENTIAL, MAIN NON - LOCKING DRAG LINK & TIE RODS, GREASEABLE U —JOINT SPICER 1550 MAGNETIC TRAPS DRAIN PLUG MAGNETIC 'TRAPS FILL PLUG SHOCK ABSORBERS FRONT DBL ACT TELESCOPIC POWER STEERING WHEEL SEALS REAR C.R. SCOTSEAL PLUS WHEEL SEALS FRT SLACK ADJUSTERS FRONT AUTOMATIC SLACK ADJUSTERS REAR AUTOMATIC AIR COMP 13`.2 CFM, BENDix TU -FLO 550 MOISTURE EJECTORS' NON' —HTO BENDIX AUTO AIR DRYER BENDIX, AD'-9 HEATED SLACK ADJUSTERS AUTOMATIC FRT AND REAR PARKING BRAKE MAXI II SPRING SET STANDARD INTERIOR' TRIM CHARCOAL GRILLE ARGENT H00D FORWARD' TILTING FRONT ENO HORN SINGLE ELECTRIC' WINDSHIELD CLEAk LAMINATED GLASS WINDSHIELD WxPERS TWO' -SPEEo ELECTRIC MIRRl,ORi DUAL WESTERNDELBAR STAINLESS HEATtR FRESH AIR W /ALL WZATHER VENTILATN STEERING WHEEL 18" DIAMETER SUN VISgRS'LH & RH BENC% SEAT FULL WIDTH TRIMMED IN VINYL SEAT 'BELTS LAP & r' SHOULDER AIR CLEANER MTD RESTRICTION INDICATOR GAUGES, ELEC, VOLT, COOL TEMP, FUEL PARKING BRAKE CONTROL DASH MOUNTED SPEEDOMETER:ELECTRIC- =MPH /KMH TACHOMETER ELECTRIC TURN SIGNAL SWITC',H; SIGNAL STAT 900 WARN LIIGHTS:BATT, CAS ;LATCH *WATER IN FUEL WARNING 'LIGHT, BOiER low AIR PRESSURE .. n r. 7 C7E � b CITY OF SOUTH MIAMI CLAREN PAGE 3 z =ssssrsa - DESCRIPTION GAUGES-INSTRUMENT PKG TRANS OIL TEMP WARNING LIGHT . TACHOMETER ELECTRIC FLASHER EMERGENCY LIGHTS CAB MARKER, TRUCKLITE (5 LIGHTS) LIGHTS HEAD Two RECTANGULAR" HALOGEN LIGHTS TAIL TWO CIRCUIT PROTECTORS LIGHTS TURN SIGNAL ,FENDER MOUNT ALT 60 AMP MOTORCRAFT INTERNALLY REG IAR BATT 7, 71 AMP 535 CCA 12V MOTORCRAFT SINGLE HORIZ MUFFLER AND PIPE LH SIDE AIR CLEANER DONALD!SON SINGLE- STAGE FLEETG'UARD SPIN -ON COOL FILTER /CONDITION OIL FILTER ONE 1 -QT FULL FLOW FUEL PUMP ELECTRIC GOVERNOR ELECTRONIC OIL COOLER FUEL /WATER SEPARATOR STARTER FORD 12'VOLT ENG WARNING & SHUTDOWN SYS FORD 3 FUNCT HOSES RAD /HTR /ENG SILICONE STEEL, 35 GAL RH STEP TYPE PURE WHITE TUBE TYPE ,RADIAL 10.00R20 -14 12,080 GOODYEAR UNISTEEL 6159 CS 02Ox7.50 2 Pc 10860 890 TueE TYPE RADIAL 10,- OOR20 --14 21,200 GOODYEAR UNISTEEL G159 CS 02Ox7.50 2 PC 21200 @95 WHEELS: S�PIDERS PAINTED BLACK BUMPER FRONT FULL WIDTH TOW HOOKS FRONT WARRANTY ' 6 ................ Y 1 CITY OF SOUTH MIAMI CLAREN PAGE: 4 aaas ss:.: ae : :sssssatsss : :sssss = = =- V4.29U .1 .0 DEALER INSTALLED EQUIPMENT 1 24FT 32CU.YD, TRASH DUMP BODY HEIL, RUSTPROOFING MUDFLAPS BACKUP ALARM s � f 1 A - t CITY OF SOUTH MIAMI CLAREN PAGE: 5 TYPE OF SERVICE: TRUCK VEHICLE DESIGNATION: ON /OFF HIGHWAY TYPE OF ORDER: Td - GOVERNMENT STATE /PROV. OF REGISTRATION: FL - FLORIDA FRONT GAWR -- ''COMPONENT -------- RATING -- FRONT AXLE: 9000 SUSPENSION: 9000 TIRES /WHEELS: 10860 FRONT GAWR: 9000 FRAME WEIGHT RATING: 31000 REAR GAWR --- COMPONENT -- - - - - -- RATING -- REAR AXLE: 21 -000 SUSPENSION: 23000 TIRES/WHEELS: 21200 REAR GAWR; 21000 GVWR: 30000 EXPECTED BODY WGT: 0 PERCENT FRONT AXLE LOADING: 0 EXPECTED PAYLOAD WGT: 0 PERCENT FRONT AXLE LOADING: 0 CHASSIS WGTS: FRONT: 5557 REAR: 3776 TOTAL: 9333 BODY WGTS: FRONT: 0 REAR: O TOTAL: 0 PAYLOAD WGTS: FRONT: 0 REAR! O TOTAL; 0 COMBINED WGTS: FRONT: 5557 REAR: 3776 TOTAL: 9333 "NOTE: WEIGHTS ARE APPROXIMATE AND MAY NOT REFLECT ACTUAL VEHICLE WEIGHT, C4 0 CITY OF SOUTH MIAMI CLAREN PAGE: 6 .0 WARRANTY AN0 ESC --- COVERAGE CODE: 1P COMPONENT TIME AND MILEAGE* TOTAL VEHICLE* 0-12 MO. /UNLIMITED MILES ENGINE 0 -24 Mo. /UNLIMITED MILES DRIVETRAIN 0-24 MO./ UNLIMITED MILES CLUTCH (EXCLUDING 0 -12 M0. /UNLIMITEO MILES CLUTCH LINING) FRAME 0 -60 MO. /UNLIMITED MILES AIR CONDITIONER 0 -12 M0. /UNLIMITED MILES CAB CORROSION 0 -36 MO.IUNLIMITED MILES CAB STRUCTURE 0 -12 MO. /UNLIMITED MILES EMISSIONS 0 -12 M0. /UNLIMITED MILES 13 -60 Mo. /0- 100,000 MILES P & L Covc, 100% 100% 100% 100% 1 0090 10090 100% 100% 1009. 100% *NOTE; EXCEPT WHERE THE TA6LE SHOWS OTHERWISE, ALL COVERAGES BEGIN AT THE TIME OF ,VEHICLE DELIVERY TO FIRST USER AND ARE LIMITED TO THE IND- ICATED NUMBER OF MONTHS OR TOTAL LIFETIME VEHICLE MILES, WHICHEVER OCCURS FIRST. COVERAGES DO NOT INCLUDE TIRES, BATTERIES, MAINTENANCE ITEMS, ALLISON AUTOMATIC TRANSMISSIONS, DIESEL ENGINES NOT MANUFACTURED BY-FORD, OR ANY EQUIPMENT NOT INSTALLED BY FORD. r 7 t � � a RESOLUTION NO. _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING AND AUTHORIZING A REQUEST FOR PROPOSALS FOR THE PRIVATIZATION OF THE CITY'S PUBLIC WORK'S DEPARTMENT INCLUDING THE WAIVER OF COMPETITIVE BIDS FOR PROPOSALS SUBMITTED IN RESPONSE THERETO WHEREAS, on or about January Commission authorized the City Proposal for the privatization Department, so that the City responses as a part of its disposition of the Public Division; 21st , 199 2 , the City Manager to draft a Request for of the City's Public Works Commission could consider those determination of the future Works Department's Sanitation WHEREAS, Article III, Section 5 H of the City Charter requires "all contracts for services in excess of $ 1,000.00 shall be approved by the City Commission "; and WHEREAS, the City Manager having considered the process and having drafted d proposed Request for Proposals in the form attached hereto, recommends to the City Commission that it apprnvP and authorize same, including waiver of the competitive bid process as the quality and quantity of services to be provided by private sources would vary so considerably that cost alone would not be an effective means of distinguishing among the responses to the Request for Proposals; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission, having considered the Request for Proposals for the privatization of the functions of the City's present Public Works Department's Sanitation Division attached hereto, hereby appzoves and authorizes same, including the waiver of competitive bids. PASSED AND ADOPTED this ..._. th day of February, 1992. APPROVED: MAYOh ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY w RESOLUTION NO, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE -CITY MANAGER TO_TRANSFER LINE ITEMS AS SET FORTH IN THE ;ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER CITY DEPARTMENT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1991, TO ACCOUNT FOR ADDITIONAL AND THUS, UNAPPROPRIATED REVENUES AND THE EXPENDITURES THEREFROM PURSUANT TO FLORIDA STATUTE 166.241 AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS NECESSARY TO ACCOMPLISH THESE TRANSFERS. WHEREAS, Florida Statute 166,241 provides for the drawing of money pursuant to appropriation of funds; and WHEREAS, the City Manager set forth a series of recommendations in the attached itemized list to transfer line items from one City Department to another City Department for the fiscal year ending September 30, 1991, accounting for additional and thus unappro- priated revenues and the expenditures therefrom; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the recommendations of the City Manager be, and hereby axe, approved and adopted as set forth in the attached itemized list to transfer line items from one City department to another City department pursuant to Florida Statute 166.241 for I fiscal year ending September 30, 1991. Section 2. That the City Manager be, and hereby is, authorized to take such measures as necessary to accomplish those transfers, including forwarding the revised Budget to the Florida Department of Revenue. PASSED AND ADOPTED this th day of February, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 10 5 } 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 $9,534.83 REPRESENTING FEES INCURRED FOR LEGAL REPRESENTATION BY GREGORY SORGOGNONI OF RUDEN, BARNETT ET AL IN CONJUNCTION WITH LITIGATION REGARDING THE CITY'S COMPREHENSIVE PLAN; CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100 -9950: "RESERVE FOR ENCUMBRANCES ". WHEREAS, by Resolution number 75 -90 -9102 passed May 22, 1990, the City Commission authorized the employment of Gregory Borgognoni of Ruden.. Barnett et al, in conjunction with litigation regarding the City's Comprehensive Plan; and WHEREAS, the City has now received invoices for legal services rendered pursuant to the aforesaid Resolution for the period ending January 10, 1992 for a total of $9,534.83; NOW, THEREFORE, SE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to disburse, the sum of $9,534,83 to Gregory Borgognoni of Ruden, Barnett et. al for legal services rendered in conjunction with litigation regarding the City's Comprehensive Plan. Section 2, The disbursement be charged to account number 2100- 9950: "Reserve for Encumbrances ". PASSED AND ADOPTED this th day of February, 1992. APPROVED: ATTEST: CITY CLERK T READ AND APPROVED AS TO FORM: CITY ATTORNEY -� MAYOR 8s �' FEDERAL IN 59- 1307357 RUDEN. BARNE77. MCCLOSKY. SMITH. SCHUSTER. & RUSSELL. P. A. ATTORNEYS AT LAW POST OFFICE BOX 1900 FORT LAUDERDALE. FLORIDA 33302 (305) 76446W CITY OF SOUTH MIAMI, FLORIDA I r City Hall October 10, 1991 6130 Sunset Drive OCR 1991 Invoice No. 189525 Miami, Florida 33143 FIND CE DOW File No. adv. Elias 4 DISBURSEMENTS Photocopies 5.25 Fax Charges 7.00 Court House Express Couriers 71.75 DISBURSEMENTS TOTAL $84.00 TOTAL $84.00 or ;Icf INVOICES RENDERED BY WE F+Rn ARE DUE AND PAYABLE UPON THEIR - RECEIPT ON THE FIRST DAY OF EACH MONTH THE RAI A -!— OF ANY u ffWV: T U 1 *Jc. b - ;AN CWW- M U N M SMALL BE ffiiBIEt . _ —. ^i E CHAROE OF ONE ANOONE4MALF PERCEP" `Rf1 Client No. CI18371 . FEDERAL CS W307337 BARNET . MCC:.CSKY, SMITTi, SCHUSTER, & RUSSELL, P. A. ATTORNEYS AT LAW Post OFFICE Box low JMDAU. FLORIDA 333o-, f30517"40Eip' CITY OF SOUTH MIAMI, FLORIDA City Hall November 10, 1991 6130 Sunset Drive Invoice No. 190802 Miami, Florida 33143 File No. 6 Bakery 08/05/91 08/08/91 08/21/91 08/26/91 09/05/91 09/31/91 09/19/91 10/04/91 10/15/91 :en t3 . G. G. G. G. G. G. G. G. ter Borgognoni 2.9 Borgognoni 2.3 Borgognoni 1.8 Borgognoni .1 Borgognoni .4 Borgognoni 4.8 Borgognoni 3.1 Borgognoni 2.2 Borgognoni 2.6 10/16/91 G. Borgognoni 3.9 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH 507.50 Research re: zoning director's questions; conference with Bill Hampton. 402.50 Further research re: zoning, PUD and DRI issues; conference with Mr. Swarthout. 315.00 Conference with Bill Hampton; research`. 17.50 Conferences with Soheila (re: notice). 70.00_' Conference with Soheila; review fax. 840.00 Prepare for and attend Planning Board Meeting; research DRI and PUD issues. 542.SO;Prepare for and attend Planning Board meeting; conference with Mr. Swarthout. 385.00 Prepare for and attend meeting 455.00 Telephone conferences with Mr. Hampton /meeting; further research re: vested rights. 682.50 Prepare for and attend meeting of Planning 7 Board; conferences with Mr. Swarthout and Mr. Berg. TOTAL HOURS 24.1 TOTAL FOR SERVICES TOTAL $4,217.50 $4,217.50 :,4*m m w THE ARti An CUE AND 1YlYA u UPON TMwm RAC " ON THE MET MW OF Lem MONTH TK W.ANCE OF ANY �"10"Cl TMEN UNhMO FOR MM THAN OM! MMONTM SMALL "*UWO*b A LATE CHAP41 00 ONi ANO &A MALs P61CW hur.0s Uftew Is '%=SN, 3ARNE`. 1y1CC:CSKY, JZ,,Ar `ri. zC:-iVS RUSScLi, �. °.. ArMFINEYS AT LAW / /7 { ' OOV OFRCE BOX low ~ FORT LAUDERDALE. "IDA 33W9 OF SOUTH MIAMI', FLORIDA Page Z December 10, 1991 adv Mandelstam DISBURSEMENTS Clerk, 3rd District Court of Appeal 250.00 Photocopies Fax Charges 4.50 8.00 DISBURSEMENTS TOTAL $262.50 TOTAL $4 217.50 1E Mw AK ONE pip �MlLE iMON tRiM1 aN n+i prar of aplApM Mpf11i fill wA11oE Os ANY 11101�?INN0NiroN01fMMWi�[� p�IpALR[ aruuiel O�Q ll1M�0l�riMLR11Ml�R{ty41*MMWK sL�CRA. toe WWJ0736: ATTORNEYS AT LAW 2,11 � J OW OFPC! WX 1000 =t1i{T UWCEIRMS. FLORIDA 33.700 An 70444 CI. CF SOUTH MIAMI,, FLORIDA City Hall December 10, 1991 6130 Sunset Drive _ ,nvoice No. 19322:. Miami, Florida 33143 ` FOR LEGAL SERVICES RENDERED IN CONNECTION WITH File No. 6 Bakery Center 11/01/91 G. Borgognoni .2 35.00 Meeting with Bill Hampton, Cathy McCann and Sonia Lama. TOTAL HOURS .2 TOTAL FOR SERVICES $35.00 DISBURSEMENTS Photocopies 1.00 DI88URSEMENTS TOTAL $1.00 TOTAL $36.00 tt1AM"D 01Q Wr4 NWAM OW AM MOW WW T1 PMMFR'ON dVMWOFGWOYafB "MMMOO MV 1111 0 % 7 7 1�11MMINS IOMIIOIIR111AMpiRf11M0Ufi1i1WAMN{ I�O�WA1/ Qi01M11�ORARAIOC lf1Wt�ICMNif�MM1�� (� ry =N.:..aMe' NAICC:.=Y. JM[n:. JCL �'S'i'r�. 3t RUSSELL...:'.. ATTORNEYS AT LAW POST OPM FORT LAU000" FLORIDA 3110! 401176" M0 C +TY OF SOUTH MIAMI, FLORIDA City Hall 6130 Sunset Drive Miami, Florida 33143 X. December _0, 1991 Invoice No. 192220 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH File No. 1 Land Use Comprehensive Plan Litigation. 10/24/91 K. Klein ,4 54.00 Conference with Greg Borgognoni regarding appellate case. 11/20/91 K. Klein 1.5 202.50 Telephone conference with Martin Berg; legal research. 11/21/91 K. Klein Z.0 270.00 Telephone conference with the office. of Marty Berg; legal research; telephone conference with :.Marty Berg; prepare letter to Martin Berg, Esquire; review cases provided by Martin Berg, Esquire. 11/22/91 K. Klein 1.4 189.00 Telephone conference with Martin Berg; legal research. TOTAL HOURS 5.3 TOTAL FOR SERVICES $715.50 j DISBURSEMENTS Photocopies Paz Charges DISSURSEM NTS TOTAL TOTAL 1.50 9.00 $9.50 $725.00 W==M Wrm "man & MAWR *MWWW11W7AC2WCM71eP~6W0R64MA0M"aMi.MMOPAW �NYpCLTiMII/ �Iat1101�71MMaMA1 MQ�IMMWRSIMIS�ni7pAlJRdIM�O01i /Y�Odi1MV 1M10111tftMwlA�MM� ` rall RLMEN. BARNS ... MCC - sxY, SMrm �zCHUsTa. & P vsszu. P. A. w a ATTORNEYS AT LAW PT OPM •OX ism FORT LAUDERDALE. FLORIDA 13.10E f� TaF!!d0 CITY OF SOUTH MIAMI, FLORIDA City Hall December 10, 1991 6130 Sunset Drive Invoice No. 192222 Miami, Florida 33143 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH File No. 7 Aid client in appellate proceedings regarding master plan /zoning matter in City of South. Miami 08/26/91 G. Borgognoni 1.1 192.50 Conference with Martin Berg; review fax; research. 09/17/91 G. Borgognoni 1.8 315.00 Conference with Martin Berg; review proposed order; research re: same. 09/23/,91 G. Borgognoni .4 70.00 Conference with Martin Berg. 10/15/91 G. Borgognoni 76.2 1,085.00 Telephone confer -once with Me. Wascura; ' attend meeting to report; review file; research re: automatic stay. 10/22/91 G. Borgognoni 1.5 262.50 Conferences with Martin Berg; Cathy McCann; Bill Hmapton; attend commission meeting; research re: appellate relief'. 10/23/91 0. Borgognoni 1.8 315.00 Review file; conference with 'Stanley Price's office. 11/01/91 G. Borgognoni 1.5 262.50 Meeting with Bit Hampton, Cathy McCann and Sonia Lama. 11/08/91 G. Borgognoni .4 70.00 Conference with Neil Carver. 11/11/91 G. Borgognoni 2.7 472.50 Prepare for and attend meeting with Stanley Price and Martin 'Berg; review documents from Price. 11/18/91 G. Borgognoni 2.8 490.00 Meetings with Sonia Lama, Bill Hampton and Commissioner Launcelott review documents received from Ms. Lama; telephone conference with Martin Berg, Esq. 11/20/91 G. Borgognoni 2.4 420.00 Conference with Marty Berg; work on Brief. TOTAL HOURS 22.6 TOTAL FOR SERVICES. $3,955.00 1000 PNOWWWW4 W M AN WX ANC rM11 U LVM rAM =WON TiM RW OM W MDR MDMN TNT MLAM OF AMY MAAICETNtN111wAA/ 01{ 11Q1RT�WIONlIOUONTMNINIiYMIf ,ERTiaA W'MCIMII�Ci01iANOdi61'MLf �1C�dMMIK111�1M �.iienz tvo. FEDERAL ID# 59- 1307357 0 RUDEN. BAMETT. MCCLOSKY, SMITH, SCHUSTER. & RUSSELL. P. A. ATTORNEYS AT LAW POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (305) 7648600 CITY OF SOUTH MIAMI, FLORIDA City Hall 6130 Sunset Drive Miami, Florida 33143 File No. 6 Bakery Center DISBURSEMENTS Photocopies Fax Charges F/X Courier System January 10, 1992 Invoice No. 193898 1909 DISBURSEMENTS TOTAL TOTAL .75 2.00 11.94 $14.69 $14.69 14 Y MANAGER'S INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY INVOICE THEN UNPAID FOR MORE THAN ONE (1) MONTH SHALL BE SUWECr1O A LATE CHARGE OF ONE AND ONE+IALF PERCENT (I%*) PER MONTH. CITY OF SOUTH MIAMI, FLORIDA City Hall 6130 Sunset Drive Miami, Florida 33143 FEDERAL ID# 531307357 January 10, 1992 Invoice No. 193899 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH File No. 7 Aid client in appellate proceedings regarding master plan /zoning mtter in City of South Miami 12/02/91 G. Waldman 1.0 135.00 Draft Motion for Extension of Time to Respond to Certiorari Order; conference with Greg Borgognoni regarding Motion; conference with opposition counsel regarding agreement to matter. 12/04/91 G. Borgognoni 1.2 210.00 Prepare memo re: stay pending review. 12/09/91 G. Borgognoni .8 140.00 Review letter from Price's office; conference with Stanley Price, Esq. TOTAL HOURS 3.0 TOTAL FOR SERVICES $485.00 DISBURSEMENTS Photocopies F/X Courier System 12.00 5.64 DISBURSEMENTS TOTAL $17.64 TOTAL $502.64 bull 'nnex� ' ; . f I'.T INVOICES RENDERED BY THE FIRM ARE DUE AND PAYA6I -E UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY INVOICE THEN UNPAID FOR MORE THAN ONE (1) MONTH SHALL BE SUBJECT-TO A LQE CHARGE OF ONE AND ONE-HALF PERCENT (I% %) PER MONTH. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 14 -90 -1454 DEALING WITH FEE SCHEDULES BY AnnING A NEW SCHEDULE "I" "TREE REMOVAL PERMITS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE 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 fox, inter a la, 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 (1): (I) Tree Removal Permit Fees tree removal permits .......... Section 2._ If any section, clause, sentence or phrase of this Urdinciuce is held to be invalid or uncon5titutional by any court of competent Jurisdiction, then said holding shall in no way affect the validity of the remasning portions of this Ordinance: Section 3. All Ordinances or parts of Ordinance: 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 th day of , 1992. APPROVED: < MAYOR .� s� t ti OFFICIAL AGENDA CITY OF SOUTH MiAMI 6130 Sunset Drive REGULAR CY COMMISSION MEETING February 1992 7:30 p.m. A. Invocation Next Resolution: Next Ordinance: Next Commission Meeting: 2/18/92 B. Pledge of Allegiance to the Flag of the United States of America C. Presentations D. Items for Commission Consideration: 1) Approval of Minutes of January 7th and January 21, 1992. 2) City Manager's Report a) ADHECK Report 3) City Attorney's Report ORDINANCES SECOND READING AND PUBLIC HEARING: %iS 0C� 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, designating place of polling, date and time of a Special City Election to be held in conjunction j with a Regular City Election on February 11, 1992. (Mayor) 3/5 5. An Ordinance of the City of South Miami, Florida, amending Section 20 -4.4 of the Land Development Code of the City of South Miami, Florida, and creating a new Section 20 -3.4 (B)(21); both to provide for temporary off -site parking; providing for severability; ordinances in conflict; and an effective date. (Mayor') 4/5 RESOLUTIONS FOR PUBLIC HEARING: 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the ORR'S Pond Homeowners Association, Inc., to demolish a Coral Rock Wall on Tract "C" of that certain Planned Unit Development known as ORRIS Pond, 6497 SW 72 Street, South Miami, Florida 33143. (Administration) 4/5 RESOLUTIONS: 7. A Resolution of the Mayor and City Commission of the City of South Miami Florida, approving the off -site parking lease between Coaches Management, Inc. (f /k /a JJ'S Bar & Grill) and the First National Bank of South Miami pursuant to Section 20 -4.4 (F) (2) (c) of the Land Development Code of the City of South Miami. (City Attorney) 4/5 /0-- 9;Z � X 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of ;a Ford Diesel 6.6L replacement trash dump truck for a total price of $37,942.00 for the Public Works Department and charging the disbursement to account #1720- 6430: "Equipment - Operating." (Administration) 3/5 1 / , ?-;L — � / � 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving an authorizing a request for proposals for the privatization of. the City's Public Works --�� epartment, including the waiver of competitive bids for roposals submitted in response thereto. (Administration) 3/5 A' 01.1 1"' OFFICIAL AGENDA February 4, 1992 page 2 RESOLUTIONS: - 9. 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving and adopting the recommendations of the City Manager to transfer line items as set forth in the attached itemized list from one City Department to another City Department for the fiscal year ending, - September 30, 1991, to account for,'addition °al and thus unappropriated revenues and the expenditure's therefrom pursuant to Florida Statute 166.241 and authorizing the City Manager to take such measures as necessary to accomplish these transfers. (Administration) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $9,534.83 representing fees incurred for legal representation by Gregory Borgognoni of Ruden, Barnett ET AL in conjunction with litigation regarding the City's Comprehensive Plan; ,charging the disbursement to Account Number 2100 -9950: "Reserve for Encumbrances." (Administration) 3/5 ORDINANCES FIRST READING: 12. An Ordinance of the City of South Miami, Florida, amending Ordinance 14 -90- 1454 dealing with fee schedules by adding a new Schedule "I" "Tree Removal Permits;" providing for severability; providing for ordinances in conflict; and providing an effective date. (Commission) 3/5 REMARKS: None. DEFERRED AND /OR TABLED: None. You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CVY COMMISSION MEETING February -, 1992 7:30 p.m. A. Invocation Next Resolution: Next Ordinance: Next Commission Meeting: 2/18/92 B. Pledge of Allegiance to the Flag of the United States of America C. Presentations D. Items for Commission Consideration: 1) Approval of Minutes of January 7th and January 21, 1992. 2) City Manager's Report a) ADHECK Report 3) City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, designating place of polling, date and time of a Special City Election to be held in conjunction with a Regular City Election on February 11, 1992. (Mayor) 3/5 5. An Ordinance of the City of South Miami, Florida, amending Section 20 -4.4 of the Land Development Code of the City of South Miami, Florida, and creating a new Section 20 -3.4 (B)(21); both to provide for temporary off -site parking; providing for severability; ordinances in conflict; and an effective date. (Mayor) 4/5 RESOLUTIONS FOR PUBLIC HEARING: 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the ORR'S Pond Homeowners Association, Inc., to demolish a Coral Rock Wall on Tract "C of that certain Planned Unit Development known as ORR'S Pond, 6497 SW 72 Street, South Miami, Florida 33143. (Administration) 4/5 RESOLUTIONS: 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving the off -site parking lease between Coaches Management, Inc. (f /k /a JJ'S Bar & Grill) and the first Nati -onal Bank of South Miami pursuant to Section 20 -4.4 (F) (2) (c) of the Land Development Code of the City of South Miami. (City Attorney') 4/5 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of a Ford Diesel 6.61 replacement trash dump truck for a total price of $37,942.00 for the Public Works Department and charging the disbursement to account #1720 -6430: "Equipment - Operating." (Administration) 3/5 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving an authorizing a request for proposals for the privatization of.the City's Public Works Department, including the waiver of competitive bids for OFFICIAL AGENDA February 4, 1992 page 2 RESOLUTIONS: 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving and adopting the recommendations of the City Manager to transfer line items as set forth in the attached itemized list from one City Department to another City Department for the fiscal year ending September 30, 1991, to account for additional and thus unappropriated revenues and the expenditures therefrom pursuant to Florida Statute 166.241 and authorizing the City Manager to take such measures as necessary to accomplish these transfers. (Administration) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $9, 534.83 representing fees incurred '. for legal representation by Gregory Borgognoni of Ruden, Barnett ET AL in conjunction with litigation regarding the City's Comprehensive Plan; charging the disbursement to Account Number 2100- 9950: "Reserve for Encumbrances. (Administration) 3/5 ORDINANCES - FIRST READING: 12. An Ordinance of the City of South Miami, Florida, amending Ordinance 14 -90 -1454 dealing with fee schedules by adding a new Schedule "I "Tree Removal Permits;" providing for severability; providing for ordinances in conflict; and providing an effective date. (Commission) 3/5 DCMADVC. None. DEFERRED AND /OR TABLED: None. You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. S. OF� ICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING February # 1992 7:30 p.m. Next Resolution: Next Ordinance: Next Commission Meeting: 2/18/92 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 of January 7th and January 21, 1992. 2) City Manager's Report _a) ADHECK Report 3) City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, designating place of polling, date and time of a Special City Election to be held in conjunction with a Regular City Election on February 11, 1992. (Mayor) 3/5 5. An Ordinance of the City of South Miami, Florida, amending Section 20 -4.4 of the Land Development Code of the City of South Miami Florida, and creating a new Section 20 -3.4 (B)(21); both to p- rovide for temporary off -site parking; providing for severability; ordinances in conflict; and an effective date. (Mayor) 4/5 RESOLUTIONS FOR PUBLITC HEARING: 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the ORR'S Pond Homeowners Association, Inc., to demolish a Coral Rock Wall on Tract "C of that certain Planned Unit Development known as ORR'S Pond, 6497 SW 72 Street, South Miami, Florida 33143. (Administration) 4/5 RESOLUTIONS: 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving the off -site parking lease between Coaches Management, Inc. (f /k /a JVS Bar & Grill) and the First National Bank of South Miami pursuant to Section 20 -4.4 (F) (2) (c) of the Land Development Code of the City of South Miami. (City Attorney) 4/5 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of a Ford Diesel 6.6L replacement trash dump truck for a total price of $37,942.00 for the Public Works Department and charging the disbursement to account #1720 -6430: "Equipment - Operating. (Administration) 3/5 9. A Resolution of the Mayor and City Commissi -on of the City of South Miami, Florida, approving an auth_ori'zing a request for proposals for the privatization of the City's Public Works Department, including the waiver of competitive bids for proposals submitted in response thereto. (Administration) 3/5 y . .t. IN 14 OFFICIAL AGENDA February 4, 1992 page 2 RESOLUTIONS: 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving and adopting the recommendations of the City Manager to transfer line items as set forth in the attached itemized list from one City Department to another City Department for the fiscal year ending September 30, 1991, to account for additional and thus unappropriated revenues and the expenditures therefrom pursuant to Florida Statute 166.241 and authorizing the City Manager to take such measures as necessary to accomplish these transfers (Administration) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $9,534.83 representing fees incurred for legal' representation by Gregory Borgognoni of Ruden, Barnett ET AL in conjunction with litigation regarding the City's Comprehensive Plan; charging the disbursement to Account Number 2100- 9950: "Reserve for Encumbrances. (Administration) 3/5 ORDINANCES FIRST READING: 12. An Ordinance of the City of South Miami, Florida, amending Ordinance 14 -90 -1454 dealing with fee schedules by adding a new Schedule "I "Tree Removal Permits;" providing for severability; providing for ordinances in conflict; and providing an effective date. (Commission) 3/5 REMARKS: None. DEFERRED AND /OR TABLED: None. You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. �r •r T ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING PLACE OF POLLING, DATE AND TIME OF A SPECIAL CITY ELECTION TO BE IN CONJUNCTION WITH A REGULAR CITY ELECTION ON FEBRUARY 11, 1992. WHEREAS, the City Charter provides for the regular City election to be held during February of each 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 11, 1992 at the Fire Station located at the City Hall Complex located at 6130 Sunset Drive, South Miami, Florida. Section 2. That the polling place for said general 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 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED: CITY ATTORNEY T v\ A a ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.4 OF THE THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA AND CREATING A NEW SECTION 20 -3.4 (B) (21); BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. - WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code, which in Section 20 -4.4 provides for off -site parking spaces, provided the spaces are either on land held in common ownership "or held under a !ease with a remaining term of twenty (20) years or more "; and WHEREAS, the Mayor and City Commission wish to amend the Land Development Code to provide for temporary off -site parking spaces under a less restrictive lease term; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. Section 1. Section 20 -4.4 F (2) (c) of the Land Development Code be, and the same is, hereby amended to add the following final sentence: The foregoing notwithstanding, off -site parking spaces may be held under a lease with a remaining term of less than twenty (20) years under the special condition set forth in section-20 -3.4 (B) 21. Section 2 Section 20 -3.4 (B) of the Land Development Code be, and the same is, hereby amended to add the fallowing new .y sub- section 21: s (21) TEMPORARY OFF -SITE PARKING Off -site parking one year may be conditions: (a) The use term of one year City Commission public interest, held under a lease term of at least utilized under the following special must be for a, minimum remaining lease and must be initially approved by the as being within the health, safety, and (b) One- utilizing temporary off -site parking under 'Y rx this section must schedule and appear before the Commission one year from the date of the initial approval of the use to obtain Commission approval for condition of the use. The applicant must show it has either a new lease dr a remaining lease, in either case for the use year minimum and that the use remains within the health, safety and welfare requirements of the City. Otherwise', approval is automatically null and void. Section 3. 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 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1992. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR II P� Applicant: Mayor & City Commissioners Request: AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20-4.4 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA, AND CREATING A NEW SECTION 20 -3.4 (B) . J 21) ; BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; `PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. Ms. Gonzalez read the request.. The chair declared the Public Hearing to be opened and asked for all those speak either for or against` this r Present wishing to Public Hearing was deemed closed. Staff T clarifi d that this request had been before the Board at an earlier date and had been deferred to allow time for consultation with Robert Swarthout, Planning Consultant. Mr. `Gutierrez reviewed Mr. Swarthout -s recommendations as (1) accomodating some type of periodic review; (2) allowing outdoor cafes without any parkin g r (3) implementing a short term lease situation forgoutdoortdining activities only. Of the three, Ms. Thorner suggestion as the more direct Option.' prefers the second Mr. Lefley asked Staff if other uses would be at a disadvantage with this proposal. Mr. Mackey stated that this is a call whether or--not clear access to judgement call more desirable than the ambiance of outdoor cafes. pedestrian ri There are Yboth pros and cons to the question. This was addressed in Mr. Swarthout•s letter. Ms. Gonzalez stated that this create: more demand for proposal would will be creating a demand at the same time other restaurants .parking.. Mr. Gutierrez suggested limiting outdoor seating to a of the total indoor seating which will balance the percentage parking. Mr. Parr made a motion to recd presented. send denial of the request as Seconded; by Mr. Gutierrez. Motion fails. (Not voted on). Motion and second withdrawn. Mr. Gutierrez moved to approve the ordinance as the modification that the short to s'z/leased Presented, with parking- is only applicable for outdoor dining facilities that comprise 10% of the seating capacity of a restaurant 30% be substituted for the 10$ Seconded by Mr. that the figure amended the motion, ' "to eliminate: Sec... 2 -21(B) substituting Thorner Swarthout•s recommendation in the last ' Mr. Gutierrez and Mr. Parr •t paragraph of his letter" Mr. Gutierrez moved to changes; removing Part F specifically the requires the City Commission on a special use and also by ad+ Parking would only be all( special use basis. Second Vote: s Approved: 7 wi hdrew the motion and second. approve Of Sect Y4 or o Ms.`. 'B -91 -031 with the following Lon 2, Sub- section 21, more .ng required to appear before' oasis for re- approval of the I resolution that this type of utdoor dining facilities on a Thorner. OPPosed 0 r so 'u• -NuUtfl MIGIIII From ROt rt K. Swartnout W CU, Ulf c. 1771 IY„/, Anl 407 392 6 R013ERT K SWARTHOUT, INCORPORATED uR W �rsay cecrsrrl.:�r,•rs 400 Sou- tlDime HighWa�. Suite 121 Boca Rator Florida-33432-6023 (40TB92 -5800 (305)467-580o PRELIAIINARY DKkF T October 1. 1991 lls. Sonia Lama. Pla City of South Miami nning and Zoning Director 6130 Sunset Drive South Miami. Florida 33143 Dear Us. Lama: We have been asked to comment on a proposed development amendment that is under Planning Board consideration. We have been supplied with a draft of the amendment and minutes o f code Planning Board meeting at which it was disc utes of a respond to the proposed ordinance u ' We would like to concerns as expressed in the minutes sand to the Planning Board The proposed ordinance establishes temporary parking as a special land use btit adding anew s�ection21 to Section 20 -3A (B). Section 20-3.4 (B) establishes standards for a large variety of specific special uses' subsection 21 just adds one more use and related regulations to the existing pro list. The subsection list. F P Posed ordinance also adds a sentence to ( ) (2) (c). The added sentence references the temporary parkin special use subsection 20-2.4 (g$)(21), Su Possibilities set forth in the new 20-4.4 do which address bsection 20-4,4 (F) (2) (c) is part of Section for parr spaces. the location and oamership z eyuii ements g .. Plaaa674 ff0Jrd ir7rrtes �Stanaar so 'u• -NuUtfl MIGIIII From ROt rt K. Swartnout W CU, Ulf c. 1771 IY„/, Anl 407 392 6 R013ERT K SWARTHOUT, INCORPORATED uR W �rsay cecrsrrl.:�r,•rs 400 Sou- tlDime HighWa�. Suite 121 Boca Rator Florida-33432-6023 (40TB92 -5800 (305)467-580o PRELIAIINARY DKkF T October 1. 1991 lls. Sonia Lama. Pla City of South Miami nning and Zoning Director 6130 Sunset Drive South Miami. Florida 33143 Dear Us. Lama: We have been asked to comment on a proposed development amendment that is under Planning Board consideration. We have been supplied with a draft of the amendment and minutes o f code Planning Board meeting at which it was disc utes of a respond to the proposed ordinance u ' We would like to concerns as expressed in the minutes sand to the Planning Board The proposed ordinance establishes temporary parking as a special land use btit adding anew s�ection21 to Section 20 -3A (B). Section 20-3.4 (B) establishes standards for a large variety of specific special uses' subsection 21 just adds one more use and related regulations to the existing pro list. The subsection list. F P Posed ordinance also adds a sentence to ( ) (2) (c). The added sentence references the temporary parkin special use subsection 20-2.4 (g$)(21), Su Possibilities set forth in the new 20-4.4 do which address bsection 20-4,4 (F) (2) (c) is part of Section for parr spaces. the location and oamership z eyuii ements g .. Plaaa674 ff0Jrd ir7rrtes �Stanaar from: Robert K Susartnout. in'_1.­tL.0 Ms. Sonia Lama. Planning and Zoning Director CitY Of South Xhami October 1. 199 1 Page 2 The fax transmission of the Planning Board minutes was imerfect p and the minutes themselves were a bit cry we believe the minutes indicate, ptic in spots. Here is what Mr. Gutierrez asked if the year-to-year provision could apiv to indoor facilities as well as -outdoor facilities. p Mr. Parr suggested modifying the wording to avoid the Possibility stated above." 'I Presume he meant the one stated by Mr. Gutierrez. Mr. Parr suggests that a variance might be considered. A-Is. Lama explained that no hardship is present to justify a variance. A-1r. Gutierrez suggested changing the code to allow for waivers of Parking to accommodate outdoor restaurants if such "complies with the Comprehensive Plan.'' The minutes do not make clear whether he meant if the Outdoor restaurant Complies with the Comprehensive Plan or if the parking waiver conceptpp-r Wcomplies with the Comprehensive Plan. Mr. Lefley believes that the language "otherwise approval is null and void" is consistent with common Dade County practice and overcomes at least some objections that might otherwise exist. From the minutes, we are not sure exactly what objections Mr. Lefley had in mind. Mr. Lefley moved , to consider s specifying pifying Pec . ng standards for the annual 'reviewapplicable uses and Mr. Eisenhart spoke against a requirement that operators be placed annually at the "whim and wishes" of the Commission. Mr. Lefley's motion failed on a 3 to 3 vote. A 6 to 0 vote asked for my opinion on this matter. 3. RelevaatPortions�Rh .Wee It is important to note that Section 20-4.4 (F) of the South Miami I)eveloPment Code specifies that required par same lot with the structures or uses served. This be located on the his is a sensible LA�r L� prom: Robert K. Swerthout. incorporeteo 14n7 iU- c _Nis. Sonia Lama. Planning and Zoning Director City of South Aliami October 1. 1991 Page 3 requirement which is contained in nearly all development codes and zoning ordinances. Section 20 -4.4 (F) does allow exceptions to this requirement. IN -e are unsure exactly how these exceptions work hecalrsp «'p find the language ohsnure. hut. it, doPS appPar that. under certain circumstances. required spaces ma be located off the site where the need for them is generated. y Reading between the lines of 20 -4.4 (F) (2) (c) it appears that among the requisite circumstances is the requirement that the land where the parking is located be under common ownership with the land which generates the need for the parking. The instruments of common ownership must be recorded in a form that ensures that the common ownership will be ongoing. The common ownership may be secured in fee simple or it may be secured by a twenty year lease. If secured by a twenty Year lease. then the right to occupy the land where the parl;ingneed is actually generated is subject to the parking on the separate leased land continuing to be available. If a lease on a site providing required parking for another site expires after twenty Years. then the right to utilize the other site where the need for parking is generated is restricted. The Commission has the right to revoke the relevant occupancy permit after notice and a public hearing. Presumably, the owner of the site where the parking need is generated would still have a grandfather entitlement to use the site for some purpose, perhaps the least; intensive commercial uses that would normally be permitted in the district. This is a right which zoning cannot alienate, except by amortization provisions which do not now exist in South` Miami. The existing development code language does not specify the point in time beyond which the required h cu ' ncy i(20) year lea se >must extend; possibly the date of original occupas intended. The current regulations are written in a way which indicates that off -site parking spaces. whether tied to the site where the need is generated by fee simple ownership or by lease, are only permitted when joint parking is provided by two or more uses, we suspect that this is an unintentional garbling of two concepts, the concept of shared parking and the concept of off -site parking. We think the existing ordinance provisions in Section 20-4.8 (B) are significant also. Subsection (1) address structures which were originally built according to then applicable dimensional requirements, but which have been made nonconforming with respect to dimensional requirements by virtue of a zoning map. table or text change. Such structures "may continue to be used for anr° use so VStan 10: �Quln Miami weu. uc L c. 11141 t U:rU n1l ray. , — From: Robert K. Swartnout. Incorporated 1 407 392 6358 Oualttu: 5tandarc Ails. Sonia Lama. Planning and Zoning Director City of South 1-Iiami October 1.1991 Page 4, [emphasis added] permitted in the district in which it is located. subsectto the requirements of this section.'' Subsection (2) goes on to state that: (a) Use of such structures shall be consistent with parking standards applicable on the first date of such use: and (b) In the event of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformity with any dimensional requirement.. 11s. Lama tells us that these provisions are interpreted to permit new uses to be established in existing buildings with no parking or inadequate parking so long as the new use does not demand more parking than the original use. This is not -an unreasonable approach. except. however, in some cases it might be amore restrictive interpretation than the language actually supports. For example. if a building without on -site parking was built when no parking spaces were required and the building is in a district which permits a restaurant with high parking requirements. then the language appears to permit the establishment of a restaurant even though the building might originally been occupied by a low parking use. The proposed ordinance creates a special land use via the new subsection 21, but it fails to provide any standards (other than the general health. safety_ and welfare standard) by which this proposed special land use can be approved or disapproved in particular circumstances. This is impermissible according to at least two Florida appellate court decisions which hold that standards for special uses must be incorporated in the code. The standards can be discretionary., i.e. the :question of whether or not they are met in a given case can be subject to interpretation and judgement. However. the standards must be more specific than "health. safety and welfare." "Health. safety and welfare are the standards which the South Miami City Commission must follow when it enacts zoning type regulations under grant of authority from the state constitution and the state legislature. However, the City Commission must pass on more specific standards to those who administer the ordinance. This is true even' when the Commission itself administers the ' jr R, .t 'e LL-1 'u: )uuin Miami From: Robert K. swerthout. In tea wru. u, I _ I yy I I. —, , 1 407 392 6 L- Sonia Lama. Planning and Zoning Director LitV of South 1liami October 1.1991 Page 5 ordinance. as is the case when it grants approval under the special land use provisions of t code. for specific mend that the,vt pal vrr1J7.: nce be redi! ?fted to p�nvide adequate stancla�ris: The proposed ordinance makes off -site parking the special land use. This may or may not be desirable. but it is not all that is needed. It is instead or also necessary to make the use which does not have adequate on -site parking subject to special land use a recommend that the �n approval. FTP outdoor dinin rr ' p ' - O1 rlinance be i /W./J y to mate nth off =site shoi7 term /easedcta�;t`in the rise tzhich is subject to sperr.� /la'7d use l vi?W Rather than mahi)7 the P-a-,%�rnsper se subject to specia/ /and use ,,evieH- As noted in Part 3 of this letter. the current regulations are written so as to indicate that off -site parking spaces are permitted onh• when ioint parking is provided for two or more uses. The placement of the proposed amendment makes it subject to this problem. If the original combination of joint parking regulations with off -site parking options is indeed unintentional as we suspect then we recommend that the erzsLng opyki ce bie clarified so that the conAsng►languagrein srit ction�' V(j9 (d }(a)iseliminated lather than ettended to the new. pmpos ed provisions Also as noted in Part 3 above. the current regulations are vague about off -site parking owned in fee simple and off -site parking secured by a twenty .year lease. Td *e ."ewinwwtythat sru,Ea w on aI - -.� F revised to M0 c%arl�- ar&C&,?te itsinter�t abol& ee simp(e and I- Fear leased ofrsite,t�arLing The administrative interpretation of Section 20-4.8 (B) (1) is reasonable in and of itself. but it is not in accordance with the actual language of 20-4.8(B) (1), .501v e amending the administrative practice or amending► the Oir(& nce. j%e agrree with tkls lamas o a hanfsl4i ,won that 9vestion dow Involve p dnc7� thereliiiv "snots+ v"Wee coon. existing use by removing existing Expanding an be justied if the result would be a reduction re or oany Parking other means mot the minimum required. hardship acs below were the only wa make reasonable bie�use�o would needed if it property, under the r ayc , — Ouelitu: stanaa i a: soutn Miami weu. uc i c. 1 yv 1 1 u.�t nM r o4c o U. - From: Robert K. Swarthout. Incoroaratea 1 407 392 6358 0ualitq: Stanaara Ms. Sonia Lama. Planning and Zoning Director Cite of South Miami October 1.1991 Page 6 South Miami Development Code this is not the case. The South Aliami Development Code allows liberal use of existing buildings which are iegally nonconforming because they have no parking spaces or because they have inadequate parking spaces: this may be done under the exact terms of Section 20 -4.8 (B) or under the City s administrative interpretation of these provisions. 1A. Girt &7w is correct.• the lang rage of the proposed amendment �r -ould make indoor• as cz ell as oritdoor facilities subject to, �•ear�iT •.rear levre ii il'thet. ale dependent on pan -rng that is a vailahle only' on a tear bT.r-'r'a� basis: This would be avoided if, as recommended in Part 4 of this letter. we make "outdoor dining with off -site short term - leased parking the use which is subject to special land use review. rather than making the parking per sesubject to special land use review. In theory,- it is leasoaahle that an v facilities whether indoor or Outdoor hesrihjecttarear- to-; aear�eviewsn lorryastheapphi7vntis A&V info»ned that he is at its ( of %singhis investment ifhe Noses his shoe t tam ,aat fvnglmm This is a risk which the applicant could be allowed to take if he deems it worthwhile. If the amendment or something along the same lines passes, the City will be allowing development for which parking is required to supply that parking on a very tenuous short term lease basis. This is only acceptable so long as the right to continue using the development is equally tenuous and the developer or property owner understands his risk. We advise that the City require that applicants sign an iron -clad acceptance of the risk expressly waiving their - vested right in the im rovements allowed by virtue of the short term parking lease. The City attorney could draft such a document. Rhile the above apprwch is theoieticaffy acceptahle. d presents a pracilca1pvob1em which the Ctk-ma;t•not wish to adept and pvo&W;. trouldbe wise to avoid A property owner may sign away his vested right in blood and thereby give an iron -clad acknowledgement that he accepts the risk of loosing his investment if his short term parking lease cannot be extended. Still. South Miami, or any city, might find it difficult to force such a foolish property owner out of his facility if and when his leased parking ceased to be available. The City can avoid being put in such a situation if it permits "off -site short term - leased parking" to accommodate only outdoor dining which generally requires only a low- investment. Possibly other similar uses which also require only a low - investment could be permitted. In any case. the City should still obtain the applicant's iron -clad written Cie ,l ,1 000 Of 10: Soutn miarn, From: Robert K. S ut. Inca uleo. uc I L: I y91 I u:y.) MM 1 407 3926358 1Is. Sonia Lama. Planning and Zoning Director City of South A-liami October 1.1991 Page 7 acceptance of the risk so that his use may be terminated by the City if the parking ceases to be available. :Il: GUMV7Ws sil "estion that theparjvnyble F aired to provide vutc/aor �rstau�ant facilities is I oath considawjr. The basis of such an approach should be a planning process finding that outdoor restaurants justifv such a generous provision in their favor because they are highly beneficial to the downtown ambiance or make some other highly desirable and unique contribution. The finding should be documented with a simple research study. There should be a public hearing and the advantages and disadvantages should be discussed by the Planning Board and City Commission. It may even be desirable to add an appropriate policy to the Comprehensive Plan. All of this is necessary or desirable in order to ensure and document that outdoor restaurant parking waivers are not just an arbitrary idea to accommodate the needs of the moment. but are a well- thought through methodology to promote legitimate public policy objectives. There also should be either quantitative or qualitative standards which govern when and where a particular outdoor restaurant may be approved without the otherwise required parking. We suggest that outdoor restaurant facilities without parking be handled as special land uses rather than calling them parking waivers. Fnm the minrite , we he/ieve that. lP1: Lefler * said that it is common pIactice for appmva /s to be nrtlland voidif'the conditions to rrhich the approvals ate subject a./e violated• this is,so in al/of our arraerie" TT:- connplete p ar, ve with .Mr, Fsenhmt that no rn shouldhe at the °«him and cvishes "of'the '° �tF oc :per three possible ways to avoid this in the present situation. There are First, the City could vote down the proposed amendment which. by allowing ,a use to be established without secure parking, creates a situation absolutely necessitatin some'kind of periodic review. g Second, we can pro a new amendment allowing outdoor restaurants and the lilce sans parking as special uses: once such a restaurant had been allowed, there would be no need for periodic review other than the usual administrative review by which all uses are policed to ensure continuing compliance r with zoning regulations. rauc ntu: Sti I ia: Scum M1em1 Wed. UCI Z. 1991 1 u:44 RM rage a u, From: Robert K. Swerinout. Incorporated 1 407 392 6358 Quetltq: standar Ms. Sonia Lama. Planning and Zoning Director Citv of South 1XIiami October 1.1991 Page b Third, we can modify the proposed amendment so that it permits "outdoor dining with off -site short term- leased parking as a special use and so that it incorporates reasonable quantitative andior qualitative standards upon which the Commission must base its initial approval and periodic reviews.: kt a minimum. the standards should call for termination of the use if the leased parking ceases to be available. %en parking remains available. the Commission should not be allowed to terminate the use unless it has been operated in violation of the standards explicitly set forth in the development code or clearly stated as written conditions at the time the specific use was approved. If such written conditions are involved, thev should be in furtherance of the explicit standards set forth in the code. :env of these three approaches would be reasonable. but thev would not all be equally satisfactory from the perspective of the restaurant which prompted the originally proposed amendment. It appears that the third approach would be best for that restaurant. but it may also be that the second approach could be serviceable. G RftWmmend8&0j2S We should proceed to draft a revised amendment along one of the three lines stated above. Also, we suggest that previously mentioned ambiguities in other related parking regulations be clarified. Prior to proceeding to prepare the revised amendments, we would like to have Planning Board input. either directly or by of the staff. The property owner whose needs prompted the originally proposed amendment should also be consulted. This preliminary letter is transmitted as an unsigned facsimile. It will be finalized and signed after City staff and other interested parties have reviewed and informed us of any relevant facts which we may have overlooked. Very truly vours. ROBERT Y, SWARTHOUT. INCORPORATED or M PB -91 -031 Applicant: City of South Miami Request: An Ordinance of the City of South Miami, Florida, amending Section 20 -4.4 of the Land Development Code of the City of South Miami, Florida and creating a new Section 20- 3.4(B)(21); both to provide for temporary off - site parking; providing for severability; ordinances in conflict; and an effective date. Mr. Parr read the request. B & Z Director Lama explained the purpose of this request. At the present time, the only option for acquiring additional parking to meet City requirement is a 20 year lease. This request allows the applicants to find a year -to -year lease for the same purpose with the condition that they return to the Commission every year to review the use that they have been conducting and re- approve or not based" upon the results of that review. Mr. Gutierrez stated that he understands this when a situation such as that which 'JJ's Bar and Grill is proposing arises. This restaurant is proposing an outdoor seating area where the parking lot is presently located. Mr. Gutierrez asked if this could apply also to erecting a building in the same location? Ms. Lama said that, in the way this is .worded, this could possibly happen. No reference is made to in -door or out -door activity. The Chair opened the Public Hearing. There being no -one present to speak either for or against this request', the Public Hearing was closed and Executive Session opened. Mr. Parr suggested modifying the wording to avoid the possibility as stated above. Mr. Gutierrez stated that, in an attempt to accommodate the present owners of JJ's Bar and Grill, this request may be viewed as "overkill ". Perhaps Planning Consultant Swarthout or the Board may have a better idea. Mr. Parr said that, perhaps requiring 'a variance application each time would be more ,sensible. Ms. Lama explained that a var: that approval of a variance land" which would make an impossible. Therefore,` a vaz problem. Mr. Gutierrez,sugges requirements could be waiv encourage that type of` a Comprehensive Plan. PB Minutes ... 01 ,nce for use is not allowed' and also, based on "hardship running with the request such as this virtually snce would not resolve this specific ad changing the Code so that parking I for outdoor cafes in order to tvity if it complies with the 4 09 -24 -91 Ms. Lama explained that JJ•s Bar and Grill is proposing an outdoor seating area, which can only be allowed if this request is granted. This request has also been brought to the attention of the City's Planning Consultant, Robert Swarthout. Mr. Lefley feels that this problem is addressed, referring to the Commission ordinance, second page, fifth line from the top, section 2- 21(b), "otherwise approval is null and void ". This procedure is common throughout Dade County. The Ordinance does not give an automatic permanent use. No criteria for denial is stipulated. Mr. Eisenhart noted that the Ordinance does not address the matter after the first year when the applicant must return to the Commission for a review. He would prefer that their temporary lease agreement included some type of renewable option at the lessees' option. The initial lease agreement would be for one year with additional one year renewal terms. Mr. Lefley made motion that Staff revisit Section 2(b) of-0-the ordinance to (1) explore limiting or specifying uses (2) specify for annual reviews (3) standards should be expanded to include parking other subjects which the commission should review at the time of the annual 'review Motion seconded by Mr. Eisenhart, for discussion. Mr. Eisenhart does not favor an applicant having to come before the Commission annually and be at their "whim and wishes" regarding parking. Vote: Approved: 3 Opposed: 3 S Eisenhart ) (Thorner) (Gutierrez) Motion failed. Ms. Lama clarified: (1) The Ordinance was prepared by the City Attorney; (2) the Board may want to _refer this back to Mr. Swarthout for clarification inasmuch as Staff does not write the ordinances. Mr. Eisenhart listed those as Staff, Consultants and anyone else who advises on these matters. Ms. Gonzalez asked that the Board be given copies of any reports or information already done by Mr. Swarthout. Staff reports that Mr. Swarthout did not make a formal opinion in this matter. He merely made a comment on the subject. Mr. Parr made a motion that this request 'be deferred until Mr. Swarthout can give a written opinion on the matter. Seconded by Ms. Thorner. Vote: approved: 6 Opposed: 0 1�, #5 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 20-4.4 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI AND CREATING A NEW SECTION 20-3.4 (B)(21); BOTH TO PROVIDE FOR TEMPORARY OFF-SITE PARKING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. It was explained by Building and Zoning Director Lama that the Planning Board held public hearing on this item and then are waiting to make their recommendation until they receive information they feel pertinent from Robert Swarthout, the City's Planning Consultant. Moved by Mayor McCann, seconded by Commissioners Banks and Cooper, that the ordinance be deferred until a recommendation by the Planning Board is received. Motion passed 5/0: Mayor McCann, yea; Vice-Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, -yea Commissioner Cooper, yea, 9%.. I . I( DRAFT 414 OR' AN CE NO i AN ORDINANCE AMENDING SECTION 20 -4.4 of THE LAND DEVELO PMEN T CI) DE O F THE CI TY O F SO UTH MI AMI, FLO RI DA, AN D CREATING A NEW SECTION 20- 3.4(8)(21); BOTH TO PROVIDE FOR TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY; URDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 'loved 'Mayor McCann, seconded by Vice -Mayor Carver, Commissioner Banks and Commissioner Cooper, this be considered the first reading of the ordinance in its entirety and it be ,placed on second reading and public hearcing after consideration by the Planning Board, `loved by Vice -Mayor Carver, seconded by Commissioner Cooper, chat (b) be clarified to state ''...or a remaining lease, in either case for a one year minimun, and that the use remains in the health, safety and public interest." Motion pass -ed 5/0: Mayor McCann, yea; Vice- Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. Motion on ordinance, as amended, passed 5/0: Mayor McCann, yea; Vice -Mayor Carver, yea; Commissioner Launcelott, yea; Commissioner Banks, yea; Commissioner Cooper, yea. 0. /Y August 13. 1991 us; HAND DELIVERED City Commission THE NICHOLS THE CITY OF SOUTH MIAMI ARTNERSHIP_ 6130 Sunset Drive ARa+rrECTM/KAW M South Miami. Florida 33143 RE: JJ's AMERICAN BAR & GRILL 5859 S.W. 73rd Street South Miami. FL 33143 Madam Mayor and Commissioners: As you are aware. JJ's BAR & GRILL. LTD.. an affiliate of JJ's AMERICAN DINER in South Miami. has purchased the lease and is currently in the process of renovating the old 'Bella Luna restaurant located at 5859 S.`' . 73rd Street in South Miami. It is our intention to convert the old operation into a new restaurant/lounge called "U's AMERICAN BAR & GRILL ". We currently have building permits and are underway with the interior renovation of this building. In order to give this building an entirely new image. as well as to improve the entire front entrance to the building, we would like to convert the existing minor - parking area in front of the building into a landscaped courtyard with brick pavers. additional landscaping, decorative past lights. and umbrella tables and chairs with seating for approximately 40 persons. This "patio seating" is allowed by your Code in this area. and it would greatly enhance not only the -front of this building. but also it would greatly enhance the sidewalks and pedestrian scale along the edges of these streets. We have presented the site plan and the elevations to your Environmental Review Board. which unanimously approved the plans and commended this outstanding concept. We have also worked with your Building and Zoning Department, including their haying this proposal reviewed by an outside zoning consultant. and all have concluded that this proposal is acceptable. subject to our providing nineteen (19) parking spaces within the 500' radius of our propem allowed by your Code. We have worked with the First National Bank of South Miami and they are willing to lease to us on an annual basis. renewable annually. these nineteen (19) spaces in their lot which is located in the adjacent block diagonally across the street from our restaurant. We consider this front landscaped patio as having "temporary outdoor searing ". which does not affect our ongoing interior restaurant/lounge operation. `6 Do la good. ouit*9 o Because of its temporary nature. we respectfully request that we be allowed to put Tetectime1305)443•5206 these umbrella tables and chairs on this patio and provide the one year lease for FAX (305) "6-2872 the required parking, which would be renewed annually. We would simultaneously CITY OF SOUTH MIAMI August 13. 1991 Pape 2 UINO THE NICHOLS PARTNERSH v_ request that this approval by the City be subject to the City's Annual Review anc. AR04TETLUIPLO NG Re- approval each year, which would be based on our providing the renewed paridnl_ lease, as well as our track record of providing a quality operation that does no; create a nuisance to the City or its residents. In the event that the parking lease was not renewed, or the approval was not renewed by the City Commission. then we would agree to remove the umbrella tables and chairs from this area and simply use it as an entrance courtyard. I have enclosed a copy of the Site Plan showing this newly landscaped pano for your review. Inasmuch as we are trying to open the new operation in approximately three weeks, we respectfully request to have this item placed on the Agenda for the next City Commission meeting, which will be held on August 27. 1991. We will be present to discuss this in further detail and provide answers to any questions. Thank you for your consideration. Sincerely, JJ's AMERIC & GRILL, LTD. By:. Jo ichol ;;Zzi Vice President JJ's BAR & GRILL MANAGEMENT, INC. JRN/lss Enclosure: Site Plan 0- RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ORR'S POND HOMEOWNERS ASSOCIATION, INC, TO DEMOLISH A CORAL ROCK WALL ON TRACT "C" OF THAT CERTAIN PLANNED UNIT DEVELOPMENT KNOWN AS ORR'S POND, 6997 S. W. 72ND � STREET, SOUTH MIAMI, FLORIDA 33143 WHEREASI the City of South Miami, Florida has heretofore on November 11, 1986 authorized a certain residential planned unit development ("PUD") known as Orr's Pond, located at 6497 S. W. 72nd Street, South Miami, Florida, 334143; and WHEREAS, in the course of the discussion regarding the , application for the said PUD, the City Commission requested, and the applicants agreed to, the retention of a certain coral rock wall on the western border in tract C "" of the said PUD; and WHEREAS, thereafter, much of the wall was demolished at the time of the construction of a path parallel to the said coral rock wall; and J, WHEREAS, the City has now cited the Orr''s Pond Homeowners Association for the condition of the wall as it constitutes a hazard to pedestrians using the path and would require repair and subsequent maintenance by the Orr'as Pond Homeowners Association; and WHEREAS, the Orr'a Pond Homeowners Association has now passed a Resolution requesting the Mayor and City Commission to eliminate the agreement to maintain the said coral rock wall in the said PUD; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the requirement of that certain planned unit development known as Orris Pond which required the retention of a certain coral rock wall in tract "C' thereof be, and herphy, is removed. PASSED AND ADOPTED this day of January, 1992. APPROVED: MAYOR ATTEST; CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 6 �+ A THE ORR' S POND HOMEOWNERS ASSOCIATION, INC. Resolution 1) Whereas, the City of South Miami has cited Orr's Pond Homeowners Association Inc. for the crumbling coral rock wall on tract C 2) Whereas, repair and subsequent maintenance of the wall will constitute an undue expense to the Homowner Association. 3) Whereas, the wall constitutes a potential hazard to children using the path along the west side of Orr's Pond 4) Whereas, most of the original wall of 500 linear feet was demolished at the time of path construction without objection by the City Commission 5) Whereas, the Homeowner Association Documents do not forbid the removal of the wall LET IT BE RESOLVED that the City Commission instruct the City Manager to 'approve the removal of the wall. CRY 1Cf 0 r� 3 City Of Scum m a INTER — OFFICE MEMORANDUM TO: Mayor & City Commissi FROM', `-/ Ilia F P ton City Mana DATE: January 10, 1992 SUBJECT: Orr's Pond Stone Fence The following attachments regarding the Orr's -Pond Homeowners Association request to remove the wall on the west side of Orr's Pond are for your review. - November 26, 1991 to Ana Henriquez,. sent to the City Commission in the November 29, 1991 City Manager's Packet. - City Commission minutes from November 4, 1986 (includ discussions between Orr's Pond Developer es Commission). P and City — Resolution number 61 -87 -7051 dated June 9, 1987. - Resolution number 109- 86- 6,079A dated July 21, 1987. - Resolution number 109 -86 -6079 dated November 11, 1986. The Resolution which if approved by the Commission, would- P ermit the Orr's Pond Homeowners Association to demolish the westwall, was listed as item 13 oa your January 7 deferred. , 1992 agenda and was WFH:er c: Orr's Pond Homeowners Association B & Z Director T C U of South Miami 6130 Sunset Drive. South Miami. Florida 33143 663-6338 crrY Mn,NAcEF November 26, 1991 Ms. Ana Henriquez Management Representative Orr's Pond 6947 S.W. 72 St. South Miami, Fl 33143 Re: West wall - Orr's Pond Dear Ms. Henriquez: This letter is in response to your written request dated November 1, 1991 and addressed to the Building and Zoning Director, regarding removal of the original west wall of the George E. Orr Estate. Background: The following was obtained by reviewing Resolutions 109 -86 -6079 (November 11, 1986), 109- 06 -6079A (July 21, 1987) 61- 87 -7051 (June 9, 1987) and the official minutes of the November 4, 1986, Commission Public Hearing on the Orr's Pond Planned Unit Development Ordinance. The Developer wanted to construct nineteen units but if the dedication of the west 25 ft. for right -of -way purposes (on SW 65 Ave.), as required by Dade County Subdivision Regulations occurred only 16 units could be constructed. In order to accommodate the Developer and permit nineteen units,- the City waived the street right -of -way dedication requirement. in order to obtain the City's waiver of Tract "C" (the west 25 ft. of the property) right -of -way dedication, the City required the Developer's agreement to the following: 1. Provide public access to the pedestrian easement along west 25 ft. of property (Tract "C ".) "City of Pleasant Living' r M� 2. Record covenants as part of said easement to require future owners of said 25 ft. easement to maintain said land in perpetuity as a public pedestrian area. 3. Upon determination by the South Miami City Commission that the widening of SW 65 Ave. (west of Orr's Pond) is necessary, the Developer and /or future owners are required to dedicate and improve said 25 ft. area for public roadway purposes. Note: should the City Commission in the future decide that SW 65 Ave. should be widened, the green chain link fence located within the 25 ft. easement would have to be moved to the east. The existing fence encroaches on the 25 ft. 'easement as follows: Least encroachment 12' 1" Greatest it 17' 4" I find no authorization for any unilateral action by the City, the Developer, or the current homeowners to demolish the original historical wall located on the west side of the 25 ft. easement, as described in the official City records. As a matter of fact, the official City minutes show that the Developer agreed to maintain the same height of the wall but would clean up the rubble. The requirements pertaining to Orr's Pond fences and walls (including the west stone wall) were unanimously passed by the City Commission on November 4, 1986, and accordingly included in the Planed Unit Development Resolution and Deed covenant. From my review of the Orr's Pond minutes and Resolutions, I believe the City Commission's clear intent was to require the Developer and all future owners to pay for and 'maintain the 25 ft. easement as follows: a. Landscape maintenance b. Public pedestrian path c. Maintain and repair, of what is left of the original stone wall on the west side of the 25 ft, easeaent. d. If the, City, determines than in the best interest of the public the west: 25 ft. easement is required for widening SSi 65 Ave. The Developer and /or future owners will remove the encroaching green chain link fence and pay for said street widening. If the Orr's Pond Roneowners Association wishes to formerly request a change in the covenants pertaining to Tract "C" (the west 25 ft. easement), I recommend that the Homeowners Association pass a Resolution at an official meeting, requesting fr the City to authorize demolition of the original stone wall, located on the west side of Tract "C ". Once that Resolution is passed in the majority, please forward same to me and I will place the issue on the next City Commission agenda for consideration. Sincerely, Io i��lli F ii pton City Mang WFH er c: Mayor and Commission B & Z Director Board of Directors, Orr's Pond Homeowners Association Mrs. Linda Tobin (by request) r � 4 MINUTES OF THE REGULAR CITY COMMISSION MEETING NOVEMBER 4TH, 1986 The meeting was called to order at 7:35 by Mayor Porter. Those in attendance were: Mayor Porter Vice -Mayor McCann Commissioner Andrews Lantz Commissioner Schwait Commissioner Brown Also in attendance were: Acting City Manager Turner, acting Finance Director Taylor, acting Police Chief Romine, Planning Director Mutch, Building Official Kirk, Recreation Director Cowen, Public Works Director McGuire, acting Assistant Public Works Director Swift, Associate City Attorney Hamilton and City Clerk Nayman, Following the Invocation and Pledge of Allegiance to the Flag of the United States of America, the following items were considered by the Commission: Moved by Vice -Mayor McCann, second by Mayor,Porter, the minutes of October 21st, 1986, regular City Commission meeting be approved as read. Motion passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea,; Commissioner Schwait, yea; Commissioner Brown, yea. Moved by Vice -Mayor McCann, second by Mayor Porter, the minutes of September 30th, 1986, Special City Commission meeting be approved as individually read. Vice- Mayor McCann noted the pages in the minutes may have been switched around and moved these be collated in the proper order. Motion was seconded by Mayor Porter and _passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Motion on minutes as amended passed: Mayor Porter,vea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea Commissioner. Brown,yea . CITY MANAGER'S_ REPORT: Acting City Manager Turner stated he would like to give the Commission a priority update of issees he had brought to them on _ previous occasions.. 1) Current health and dental plan coverage will-continue with' specifications for bidding process being set by Administration so the new City Manager can make -recommendations. 2) Collective bargaining in progressing with a tentative agreement reached with AFSCME. He would like Commission participation with suggestions for PBA negotiations. A meeting was scheduled with the Commission, Attorney Jim Crosland, the City's labor attorney, and the Acting City Manager to Monday. November 10th beginning at 7:00 P.M. -. __- _ - __ •-� rte• -� ®- w.r -w -� ...�.wra.rwvsu.�� _ ^' _ _ _ • C CITY MANAGER'S REPORT (continued): 3) The City's regular Pension Plan needs one more member, from the election held by the members of the Plan. He can have that election on an immediate basis. The acting City Manager and the Acting Finance Director are working to get the necessary report to the State of Florida so fonds for the Pension Plan Chapter 195 (Police) can be released. There are appointments necessary on this Board also, if those serving on two Boards cannot serve. Vice -Mayor McCann requested the City Attorney submit a report for the Friday packet addressing whether or not employees or members of the public can serve on two boards. If not, then the Commission must address this issue. Acting City Manager stated State .Law also sets for composition of Police Pension Board 4) Rules and regulations for personnel have been addressed; all City employees have been given employee handbooks. 5) An auction is planned for excess or non - usable vehicles and other items. A list will be placed on an upcoming agenda with the sale scheduled for the end of November. 6) Fees for the Sylva Martin Building have been set and will appear in resolution form later on the agenda. 7) Personnel Board appointments need to be addressed: Jim Crosland, the City's labor attorney, has agreed to represent the City, when needed, for an hourly fee of $85.00. Mr. Turner recommended the services of Mr. Crosland be kept at this reasonable rate for when City representation is needed. Mayor Porter noted this Board does have four members out of the five required, but if those serving on the Board need to be reappointed, he will need that information. Mayor Porter asked the City Clerk to prepare a,master list of board appointments, including expiration dates of appointments, ,and give same to the Commission. Also, if the Commissioners have any suggestions, for appointments to boards, they should submit the names to him immediately. Commissioner Schwait urged the Commercial Development Board begin meeting. Acting City Manager stated he had received all necessary information from the City Clerk this date, and he has had this information given to the Planning Director so meetings for that board will be 011ed shortly. 8) Parking problems in residential areas are being addressed. Acting City Manager Turner suggested restricted parking zones in problem areas which would have parking by permit only. Vice. -Mayor McCann noted the area of S.W. 14th and S.W. 15th Streets are always hard hit with parking problems and stated the residents of those areas should request enactment of the decal program in their area. Also, there are other areas and other states that give visitor permits to residents so they can distri -bute them to their visitors when needed. 9) Acting City Manager report the United Way Campaign in the City: Police Department, Public Works, and City Hall, is drawing to a close with some very good results. 10) Sherrie Avery, representing South Miami /Kendall Area Student Chamber of Commerce was unable to be present to address the Commission regarding, that groups bake sale. They are requesting use of the area just outside the Chamber parking lot to have that sale on November 15th, 1986. They will not be encroaching into park property and will leave the area clean. Commission voiced no objection.' rrm -2- iR121/86 rin 11) Acting City Manager Turner reported Metro -Dade County had contacted him regarding use of the City Commission Chambers for Homestead Exemption registration. This will take place from January 2nd, 1987, through March 2nd, 1987, and the County will need the Chamber Monday, Tuesday, Thursday, and Friday. Commissioner Schwait voiced objection to using the Chamber on Tuesday unless a suitable location. for Environmental Review Board hearings is located. Commission voiced no other objection if the Board can be relocated. Acting City Manager stated accomodations will be made or the days of use will be modified. 12) Curtain international Pictures has requested use of the Commission Chambers on Thursday, November 27th, 1986, for a filming of "One Minute to Midnight ". Commission voiced no objection as long as fees were paid and insurance was obtained. Acting City Manager will verify this date they specified as it is a holiday. 13) With regard to evaluations and analysis of different departments, the acting City Manager reported some firms have come forward to offer services at no initial cost to the City. If the firm does an analysis and the City does not save the price of their fee, there would not be any charge at all Vice -Mayor McCann noted many of the departments are presently run by those in 'acting' positions and it may be more beneficial to have a professional firm do the job. She would like to see this implemented after the new City Manager has been selected. Commissioner Andrews Lantz stated she would agree to this professional audit as long as there was no cost to the City. She would urge this be done now and the then if every department is running smoothly there would be a smoother transition to the new City Manager and would give that person something to build on. Mayor agreed as long as there is no cost to the City. Vice- Mayor McCann stated the City is in very dire need of new police cars and would like to know the time frame for ordering. Acting Manager Turner stated 3 the delivery would be about ninety days; the price about $11,000 each. Vice- Mayor McCann urged the proper document be placed at the end of the agenda under Discussion so prompt action can be taken on this matter. Also, other needs that would have come under Federal Revenue Sharing need to be addressed. Vice -Mayor McCann stated the minutes should reflect the City Attorney's opinion on reading ordinances in their entirety on first and second reading. " The amendments to the Articles of the Charter of the City of South Miami recorded November 17, 1978, subsequent to the Home Rule Powers Act, provide in Article II, Section 6 B(3) that "each ordinance shall be read in its entirety on both of the first and second readings..." While it is unusual to make such a provision in a Charter that has _beer, updated since the Home Rules Power Act and since the promulgation of 'Chapter 166 Florida Statutes providing procedures for adoption of ordinances and resolutions, the Charter 'provision nevertheless` exists and controls." (continued)... rrm :�3 city Attorney opinion continued; i LmendmenLs to the Charter may be accompiisned in accoraance with Section 5.03 of the Dade County Code which provides that within 120 days after adopting a resolution or after certification of a petition of 10% of the qualified electors." Vice- Mayor McCann complimented Administration and Planning & Zoning with regard to the ' door - hangers' notifying residents of newspaper collection and with prompt removal of abandoned cars, buses, etc. on overgrown lots. Mr. Mutch announced a new schedule for Comprehensive Plan and Zoning Amendments: November 25th, 1986 Planning Board December 16th, 1986 City Commission (1st reading of ordinances) January 6th, 1987 City Commission (2nd reading of ordinances) April 7th, 1987 City Commission (2nd reading /Comp. Plan) April 7th, 1987 City Commission (2nd readi.ng/zoning) Mr. Mutch explained some $6,200 has-been spent on Staff time in preparation of all the required notices, etc and another 90 - 120 hours of manpower will be necessary for completion. Much of this amount is not budgeted and the City will have to go to the contingency fund for payment. Mr. Mutch requested direction from the City Commission with regard to dlosing times for establishments serving 'liquor before same is presented to the Planning Board for consideration on their special use ordinance. Vice -Mayor McCann asked if the parking can also be addressed; Mr. Mutch replied the parking requirements will be addressed in a, separate ordinance. Vice -Mayor McCann urged that one ordinance for hours by special use not be passed without the appropriate parking requirements by ordinance. Vice -Mayor McCann asked that Notice of Violations only ask compliance as soon as possible. She would like these notices reworded to be more specific as to the time period. Commissioner Schwait. stated Safe Streets at Halloween, sponsored by the Red /Sunset Merchants Association and others had been very successful and he would like an appropriate letter to go out from the Commission. Commissioner Schwait noted door hangers explaining_ newspaper pick -up have been distributed, but a scavenger in the area is still picking them up before the City. He would like this situation addressed. CCM -4- 11/4/86 rjn 4 Commissioner Schwait urged a procedure for the selection of City Manager be set up at this time. After Commission discussion, it was decided that all resumes would be reviewed and each Commissioner would submit his or her top 10- 12- choices. These will then be discussed, in depth, at a workshop meeting which will be held on Monday, November 11th, 1986, immediately after the PBA workshop meeting (about 8 :00 P.M.) Vice -Mayor McCann voiced concern whether or not employees are using good work habits and excerising caution, particularly in public works department. Acting City Manager staged this has been addressed ht a meeting between himself and both the acting Public Works Director and assistant Public Works Director. Vice -Mayor McCann stated concern for the safety of the employees; Commissioner Schwait noted the equipment is now broken again and trash collection is behind. Acting City Manager Turner stated he is trying to get loan equip - ment from the County; Commissioner Andrews Lantz suggested calling John Greene of Dade County to expeditite this matter. CITY ATTORNEY'S REPORT: Associate City Attorney Hamilton stated an order had been received from the Appellate Division of the Circuit Court on a suit filed by Ralph Symons and Barbara Kornblau. This is an older order to show cause and he does not anti - cipate any problems in this area. Commissioner Brown asked if the Attorney's firm has had success in reducing the case load of the City; Mr. Hamilton responded there have been three new cases of personal injury; no cases have been dismissed and the litigation control depends on when cases are heard. ORDINANCES /SECOND READING AND PUBLIC HEARING: #5 ORDINANCE NO. An Ordinance amending Section 7 -3 of Chapter 7 of the Ctty Code by increasing the fees for building, plumbing, electrical, mechanical and sign permits, establishing--the conditions and amount of quadruple fees, reinspection fees and other fees providing an immediate effective date and repealing all ordinances inconsistent herewith. ` Moved by Commissioner Schwait, second by Mayor Porter, this item be deferred to the next :regular City Commission meeting. Vice- Mayor McCann stated she would not object to deferral'i'f direction is given to the Planning Department so that questions by the Commission, i.e. are some fees eliminated, what are the increases by %, are addressed. Commissioner Schwait asked this be deferred without hardship or prejudice; Commissioner Andrews Lantz asked also the questions posed be answered and the Planning Department give reasons for their recommendations. Vice -Mayor McCann stated she also would like reasons for the increases recommended and explainations such as sq. ft. for fences being used instead of lineal feet. CCM -5- 11/4/86 rjn � r #5 (continued) : Motion to defer passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner_ Schwait, yea; Commissioner Brown, yea. Vice -Mayor McCann asked the City Attorney for clarification with regard to either a third reading of the ordinance if the changes are substantial or would the Commission begin again with both the first and second readings. Associate City Attorney Hamilton responded either would be fine; a third reading would be acceptable. #6 ORDINANCE NO. 20 -86 -1266 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, PROHIBITING SKATEBOARD USE IN SPECIFIED AREAS. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to please step forward to be heard at this time. No one vri shed to speak and the public hearing was deemed closed. Moved by Mayor Porter, second by Commissioner Schwait, this be considered the second and final reading of the ordinance in its entirety and it be adopted and assigned the next number by the'City Clerk. Commissioner Andrews Lantz noted their was a problem also with bicycles and this may need to be included in the ordinance. Moved by Commissioner Andrews Lantz second by Mayor Porter, the ordinance be amended to include bicycles. Commissioner Schwait noted he had requested this before, but had been informed there are state regulations; Acting City Manager stated bicylists are required to stay on designated bike paths. Associate City Attorney Hamilton stated the ordinance had been prepared and subsequently advertised as 'skateboards.' and if it is the wish of the Commission he will prepare the bicycle ordinance separately. Mayor Porter read into the record a letter from Ms. D. B. Alonso, who has stated she had almost been run down by skateboarders and also by bicycles while walking toward the downtown areas. Commissioner Brown disagreed with including bicycles noting the new Comprehensive Plan encourages bicycling and also the City has placed bicycle racks in the downtown area. Mayor Porter and Vice-Mayor McCann noted there is no fine or other provisions for specific enforcement. Associate City Attorney Hamilton stated Section 3 of the ordinance allows Police Department descretion'in enforcement. Most of the offenders would be juveniles and !their co- operation is expected. Acting Police Chief Romine asked for direction for enforcement by his depart - ment. Commissioner Schwait suggested trying the ordinance for one or two months and if it doesn't work, the Commission can amend it to make it more harsh. The Acting City Manager and Acting Police Chief can report back to be. Commission with regard to effectiveness of the ordinance as soon as possible to determine if further Commission action is necessary. CCM ffm 11!4!86 rjn 5 f Item #6 (continued): Acting City Manager stated at this point the offenders will be warned and, if necessary, the skateboard impounded. Motion passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. #7 ORDINANCE NO. 23 -86 -1269 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR THE ISSUANCE OF ITS TAX ANTICIPATION NOTE TO FINANCE CERTAIN ADMINISTRATIVE AND OPERATING COSTS OF THE CITY OF SOUTH MIAMI, FLORIDA; AUTHORING SUCH NOTE TO BE ISSUED IN A PRINCIPAL AMOUNT OF $1,000,000 OR SUCH LESSER AMOUNT AS MAY BE ADVANCED AS PROVIDED HEREIN; PROVIDING FOR THE DISCURSEMENT OF PROCEEDS OF THE NOTE; PROVIDING FOR REPAYMENT OF SUCH NOTE FROM AD VALOREM TAX REVENUES AS PROVIDED HEREIN; AUTHORIZING AND AWARDING THE SALE OF SUCH NOTE TO BARNETT BANKOF SOUTH FLORIDA, N.A., MIAMI, FLORIDA, UNDER THE TERMS PROVIDED HEREIN; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DESIGNATING THE NOTE AS A QUALIFIED TAX EXEMPT OBLIGATION FOR PURPOSES OF SECTION 265 OF THE INTERNAL REVENUE CODE' OF 1986; PROVIDING AN EFFECTIVE DATE. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to please step forward to be heard at this time. No one wished to speak and the public hearing was deemed closed. Moved by Mayor Porter, second by Vice -Mayor McCann, this be considered the second and final reading of the ordinance in its entirety and it be adopted and assigned the next number by the City Clerk. _ -- Vice -Mayor McCann voiced objection to Section 13. of the ordinance which leaves too much descretion to the Finance Director. She would perfer this to state Finance Director with approval of the City Manager. Also, she would like a sentence to add 'the City Commission shall­ e notified within 48 hours of each transaction' Commissioner Andrews Lantz said the Charter states the Commission must have a 4/5 affirmative vote to borrow money and she would prefer the City Commission follow this procedure and accomodate the need of the City by resolution under the enabling ordinance. Mayor Porter agreed stating the City Commission, notified by the City Manager, would know far enough iK advance to follow this procedure and the advances can be handled in a routine manner. Associate City Attorney Hamilton stated his opinion there is an ambiguity in the City Charter and he does feel the bank'l,would prefer each transaction be done by ordinance`. The closing on this note takes place tomorrow, but an additional step of an ordinace could be put in as an additional' step. After further discussion it was decided Section 13. would state, 'if Land only if such is authorized by a 4/5' commissioner Andrews Lantz and passed McCann, yea; Commissioner Andrews Lant Commissioner Brown, yea. CCM 6 ti on was made by Mayor Porter, second by nani!mously: Mayor Porter, yea; Vice -Mayor , yea; Commissioner Schwait, yea; -7 11/4/86 rjn �s 7 (continued): Vice -Mayor McCann called the attention of the Commission to Section 15(3) where is states "Funds in the Sinking Fund may be invested only in Defeasing Investments." That definition is not clear and she requested a definition be given to the Commission before the ordinance is voted on. Associate City Attorney Hamilton stated he is not familiar with the term; Commission requested a 15 meeting deferral of the ordinance until the definition is clarified. Acting City Manager Turner explained to the Commission the City does intend to borrow the remainder of the $650,000 shortfall amount ($300,000) on the next day and if an enabling resolution is needed, this may need to be done at this time. ** Refer page 18 later in the meettgg. Moved by Mayor Porter the word 'defeasance' be stricken. Associate City Attorney Hamilton cautioned this may be a requirement of the bank regarding this certain type of document and would warn the Commission against such removal. Motion died for lack of a second. Moved by Vice -Mayor McCann, second by Mayor 'Porter, the vote on the ordinance be deferred for clarification. Motion passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz,yea; Commissioner Schwait, yea; Commissioner Brown, yea. * *Vote deferred** RESOLUTIONS /PUBLIC HEARING: #8 RESOLUTION NO. 108 -86 -6078 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, RENEWING A HOME OCCUPATIONAL LICENSE TO MARION SECRIST, D /B /A PALM BEAUTY SALON FOR A PERIOD OF ONE YEAR COMMENCING OCTOBER 1., 1986, AND ENDING OCTOBER 1, 1987, AT 6271 S.W. 44TH STREET, SOUTH MIAMI, FLORIDA. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to please step forward at this time. No one wished to speak. Mayor Porter noted the City Clerk has stated five (5) letters in support of Palm Beauty Salon have been received; no letters against have been received: Motion passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait,yea; Commissioner Brown, yea. I! CCM -8- 11/4/86 rjn S i � t RESOLUTIONS - PUBLIC HEARING CONTINUED: #9 RESOLUTION NO. 109 -86 -6079 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING THE APPLICATION OF JOHN FULLERTON FOR A CONDITIONAL USE PLANNED UNIT DEVELOPMENT CONSISTING OF 19 SINGLE FAMLIY HOMES, AS TO CERTAIN DESCRIRED PROERPTY LOCATED AT 6491 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, PROVIDING FOR THE ORIGINAL DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT DOCUMENTS TO BE IN FILE WITH THE CITY CLERK OF THE CITY Of SOUTH MIAMI, AND AMENDING THE OFFICIAL ZONING MAP OF THE')CITY OF SOUTH MIAMI TO SHOW SAID CHANGE. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to please step forward at this time. John Fullerton, applicant, owner, and architect, with offices at 6701 Sunset, addressed the Commission.to introduce his attorney Tony O'Donnell from the firm of Greenberg, Traurig, et al, 1401 Brickell Avenue, Miami, Florida, Mr. O'Donnell stated to the Commission this Planned Developmemt is consistent with the private use consistent with other homes in the area and is a good use of this property. The City's policy has been to maintain Sunset Drive as a residential corridor and this property will protect that integrity as well as be a major buffer zone ont :Sunset Drive. He would like to call specific. items to the Commissions. attention: 1) every tree on the property, except at the entranceway has been maintained 2) 68% of the,project is open space 3) the pond has been preserved and a maintenance program addressed 4) the architectural integrity of the Orr House has been maintained and a covenant made so subsequent owners will also maintain. He closed stating the Environmental Review Board, the Planning Board and , Staff of the City of South Miami have all recommended approval. The criteria set forth in the City of South Miami Planned Development Ordinance has been met. Commissioner Andrews Lantz inquired about ingress and egress to the property from Subset;- -Mr. O'Donnell responded it is limited to the S.E. corner of the property except in emergency. In response to Commissioner Schwait, Mr. O'Donnell agred a U -turn would be necessary for access to the property, but that fact would hold true no matter what houses would be putioh the property because of the median strip. Mr. Jack Mulstead, traffic engineer forliithe project spoke to the Commission to verify this information and to state traffic in the project is addressed by residential streets to the individual homes just the same as it would be if the project were 16 single family homes.' Commissioner Schwait asked for clarification on the 'guard house' on the property Mr. Fullerton explained this would control vehicular access to the homes and after -dark pedestrian access to the property. Commissioner Schwait asked for information with regard to Orr's Pond; Mr. Fullerton explained this will have a pathway for joggers and walkers and will have the surrounding area mowed. CCM -9- 11/4/86 rjn ,4 ; #9 (continued) Vice -Mayor McCann questioned the lot square footage with regard to the project; Mr. Fullerton replied they are from 9,900 to 5,000 with the average lot being 1,400. Vice -Mayor McCann noted this would preclude pools and spas; Mr. Fullerton responded lot coverage would not exceed the permitted 30% on each lot. Vice -Mayor McCann stated concern with Commission would be beseiged with requests for those buying the homes to add pools. Commissioner Schwait asked whether those homes under Planned Development still follow basis zoning criteria. Mr. Mutch explained the setback designed by Planned Development does not follow setbacks in RS -3 districts. There are dimensional requirements in Planned Development and the hardships are self-imposed. The setback lines for each property are shown on the plans. Mr. Fullerton noted there would never be any building into the setbacks, application for Planned Development states the homes will not exceed permitted lot coverage. 2) Mr. Christopher Cooke - Yarborough, 6802 S.W. 64th Avenue, spoke as a neighbor to the project, founder of Neighbors of Cocoplum (a neighboring subdivision), an architect and a member of the City's Planning Board. He stated the Development is slightly different, but does, in his opinion, enhance the area The boundaries, are behind a coral rock wall which will be maintained, there will not be any other fences or walls more than 4' in height so the homes and trees are visually accessible and he noted the project as good start toward maintaining the residential character of that area. 3) Ms. Beatrice Linden,South Miami resident, submitted to the Commission a petition, signed by some 25 neighbors, who urge the property stay as it is now, perhaps becoming a neighborhood park in the future. She stated concern with density, U -turns into the project and noted that S.W. 65th Avenue is only one lane And will not be able to handle the traffic to the project. She also expressed concern with the trees on the property being cut at some later date. Vice -Mayor McCann questioned the preservation of the trees; Planning Director Mutch suggested placing in the Planned Development Order the Staff recommendations as a statement (Staff report) which Would then include the items the Staff recommends such as the preservation of the trees. 4) Ivan Rodriguez, Director, Dade County Historic Preservation, commended the Commission on amending the Planned Development requirements to make them more stringent. He does think the architect was sensitive to the neighborhood and has addressed, also, the historic preservation of the Orr House. 5,) Rob Stevens, President of South Miami Homeowners Association; addressed the Commission in opposition to the project stating it is not in character with the' surrounding neighborhood and is contiguous to another project, The Banyans, which is also way over the City's 'permitted density. 6) Richard Marks, 6440 S.W. 62nd Terrace, stated concern this project may subject the City to unexpected expenses, such as liability for the 10' deep pond, and stated the City should seek to bbtain a hold harmless agreement for that pond. Vice -Mayor McCann noted there are I any other properties in the City with water and questioned the liability of just this one; Associate City Attorney Hamilton stated he is satisfied with the Planned Unit- Development.in this regard and does not see specifically any additional liability for the City. No one else wished to speak and the Public Hearing was deemed closed. CCM -10- 11/4/86 rjn - = V k (continued): Moved by Mayor Porter, second by Commissioner Brown, the resolution be adopted and assigned the next number by the City Clerk. Commissioner Brown asked Planning Director Mutch for the Staff recommendations on this Planned Development. Mr. Mutch said the Planned Development is in conformance with the requirements stated in Sections 16 -22, 16 -23, 16 -24 and 16 -25 of the City's Code. The Commission packet had contained Staff recommendations dated October 7th, 1986, entitled "Orr's Pond ". This states the various items of concern of Staff and over -all` recommendations. Staff has recommended approval with the following conditions 1) the 25' area be reserved for right -of -way on the west side of property either: a? have a public access easement granted granting public access conveyed to the City with the stipulation that the -area will be maintained' by the property owners of the project with the lighting on the pathway, incorporated into the public access easement also be paid for by the association or b) the strip of property be conveyed to the City with the - stipulations as stated above and the improvements made by the owners of Orr's Pond 2) All trees to be maintained shall have work barriers put around them' Any tree which is shown to be preserved* on the site, if it is destroyed or dies within the first three years after or before completion of the project shall be replaced on a caliper inch for calipher inch, basis with'the minimum diameter for a replacement tree to be four inches (4 ") (species for species replacement required). Also, staff has received and would like to incorporate as 3) the following conditions for preservation of the Orr House: 3) a. the owners of the Orr House will expeditiously seek historic designation under the City and/or County Codes for historis designation. b. the survey and legal description of the Orr's house site, as proposed in the Planned Development Plan will be forthcoming and incorporated into the exhibits for the Planned Unit' Development within one month of the adoption of the Resolution. c. a covenant will be placed with the title of the new Orr's residence property stating that the owners viill maintain the exterior of the building in compliance with the existing Metro -Dade County historic preservation ordinance and that this covenant will be in force for fifty (50) years. d. If a demolition; permit is requested at any time after that fifty (50) years, the City of South Miami will get the option to purchase the structure at its' 'tax assessed value within thirty (30) days after the request for 'demolition and move the structure to another site- and that the requests of a demolition permit, at that time, would be accompanied by a proposal for sale to the City of South Miami Mr. Mutch stated Staff also has prepared the resolution and this does state various factors relating to the Planned Development. Staff believes that the density, as proposed, is appropriate and is in accord with the zoning code of the City of South Miami and the uarious'sections relating to density in Planned Unit Developments. CCM -11- 11 14 /R6 rin i Q 3 a #9 (continued): Also, Mr. Mutch stated, all other factors have been incorporated into the resolution. If the Commission agrees with the items, the Commission would need to make that part of the motion to adopt the resolution. If the Commission does not support the resolution, it would be appropriate, in denying it, to specify reasons and set forth finding of fact. Vice -Mayor McCann posed the question to Mr. Mutch that the land, now zoned RS -3, now a Planned Unit Development is being planned, and it is up to the Commission. She does not see any requirement the Commission must approve of this Planned Unit Development and would like to know if this requirement is part of South Miami zoning. Mr. Mutch explained this comes as a special use permit rather than a rezoning of the property and as a special use permit the decision comes under the quasi - judicial functions of the City Commission. If the criteria is met under the Special Use Permit, Commission would need to make a finding -in -fact as whether it meets the requirements or not. Vice -Mayor McCann stated she would like the record to reflect she disagrees with the applicants attorney, Mr. O "Donnell, as to why this property would or would not be a good park or why the City chose or did not choose to purchase the property. Additionally, she would not want anyone to think that his comments on the zoning on sunset were ;anything but an arguement on a zoning matter. Vice -Mayor McCann reiterated her 'concerns on the Planned Development Housing 16 -20, lines 15 through 20 where it specifically states "it is the intent of the general - regulations applicable to planned development and these additional regulations applicable to PD -H Development to encourage planned residential development and re- development and that these provisions be utilized as an aid in providing housing of a variety of types and density for persons of all income levels." She does not think that regulation applies to this presentation. Page 147, line 7 through 18 speaks of density 16 -24 lines 5 through 8 specifically state "site planning within PD -H development will provide protection of the `.development from potentially adverse surrounding influence and protection of surrounding areas from potentially adverse influences from within the development." Resolution states, under "P" the City arranges -for hospital and accessory use and she is not certain why this would be included. Resolution. does not necessarily agree with "T A portion of resolution that notes the Cty' recommends that the easement on S. W. 65th Avenue be dedicated to the ,City, but allowed to be used by the Planned Development as part of the "gross area The developer must give tothe City of South Miami a 25' strip and she d s adamaplt in her desire that the land be given to the City so if the City deems it' necessary, at any time, the road be widened, condemnation procedures are not necessary. Also, the developers shouldnot be able to use this as their 'gross "area'. 16 -24 -4 Staff talks about uses adjacent to residential districts, lines 9 14, addresses street for protection and not abutting residential backyards. This portion was put into the ordinance to protect the residential uses. CCM -12- 11/4/86 rjn #9 (continued): be used for buffer and would orPr odp a nrit /atn rtrca+ koinn 1,ate A .._it :_ of the eastern boundary of the PD -H. These and other reasons have brought her to the important issue that when a developer is requesting a more intense density this would be an agreeable situation. She voiced concern with the preservation of the Orr House and stated she did not like ' walled -in' communities within a City, which tends to make those inside not be a part of the City. Vice -Mayor McCann also noted that if the developer gave the number of houses that could be placed on this RS -3 piece of property if there was nothing already there and not even trees, that number would be 16. This is not necessarily the best planning but the number calculated to the highest density. Mr. Mutch has stated the different planning and concerns with the Planned Development calculations, but if you take the property and the surrounding area, leave the house and the pond, there would not be room for this many houses and the neighbors that have stated concern have a very valid point. Anything beyond the 16 units and the Orr House is too dense and could accept the Planned Development with only the following recommendations: 1) the number of houses be changed from 19 to 17, one being the Orr House; 2') the land dedicated to the City for the future roadway: Vice -Mayor McCann concluded the City does have the right to make certain demands and has the obligation to seek quality and the best project for the Ci.ty. Commissioner Brown stated there are .additional documents that the City Commission has received that are not part of the proposed ordinance. There are things, such as the Staff, recommendations,, that should be incorporated. Also, a condition is set forth 'under Section 3 Conditions as recommended by Staff of 25' right -of -way on the West side of the property should be incorporated. He does feel, considering the multitude of the property, this Planned Unit Development is well - thought out and a welcome addition to the community. He voiced concern with the walkway on the western side of the property and the pond. There are school -age children traveling on that pathway; also children living immediately behind the project. He would urge the developer to excercise caution and provide protection from the pond. Commissioner Schwait asked Mr. Fullerton, developer, what would be his feelings on the 17 homes suggested rather than 19 single family homes. Mr. Fullerton replied this would not be financially feasible and would put a tremendous burden on the development. He would be inclined just to place the 16 house, lined up along Sunset Drive, on that property should the density not be granted. He -did note the density follows the City's zoning ordinance. Mayor Porter questioned the density when the zoning ordinance states 16 homes would be permitted; Mr. Mutch explained the zoning ordinance allows for 4.36 units per acre density and the applicant has requested 4.144 dwelling units per acre. vice -Mayor McCann said her statement with the zoning code permitting 16 houses was addressed to that parcel of land if it were not a Planned Unit Develop- ment. The statement of whether this project satisfies the criteria of 'a Planned' Unit Development is very questionable in her mind which states".. houses of different densities and different economic ranges..." Each Commissioner must read the proposal and determine if it qualifies as a Planned Unit Development and it is her opinion that it does not meet the 'initial purpose of this portion of the ordinance. CCM -13- 11/4/86 rjn { RE Item #9 (continued): Mayor Porter asked if the strip of land next to 65' Avenue which will be dedicated is being calculated as part of the lanes +r1 nrriAto n+ +ho li 1 Cinnr�+ . figures. Mr. Mutch said he believes that it is. The density is calculated using the 25' but is based on a gross basis and the designation in the Comprehensive Plan of 4.36 and then, of course, under Section 16 -3 of the Zoning Ordinance where it says RS -3 District ...'4.36 dwelling units per net acre...' There's a ,difference in the interpretation of how 4.144 was concluded. The applicant supplied the information to the City and the City confirmed that information was correct. Mayor Porter noted a similiar project, Davis Gardens, 'came to the City (1981) and asked for PUD, the City said as long as the density wasn't increased and he�he would like to know if both projects were calculated in the same manner under the City's PUD ordinance. Mr. Mutch stated he did not know, he was not here at the time, but the rules should be applied equitably. Mr. Fullerton said his ,project is exactly the same: private road, net denisty of RS -3 proportions and the difference is the lot sizes on this project are larger than Davis Gardens. Mr. Fullerton reiterated the zoning ordinance permits the 4.36 density, the project is 4.144 and if there is a quarrel with density it:shouldbe addressed in the zoning ordinance. Vice -Mayor McCann rreputed the statement noting this area is zoned RS-3 aad it is the Commissions' ability and right whether,in their mind, under the guidelines of the zoning ordinance, this qualifies under a Planned Unit 6�velopment and a Special Use. .Commissioner Schwait asked if the landscaping between the homes and the road would. be extensive so no gap is apparent. Mr. Fullerton replied to the back perimeter road stating it would be an op -weave chain link type of fence, green in color and only 4' high. This will allow some visability and air movement and the fence will be landscaped. < The road was placed on the far boundary. of the project to allow the houses on that side be placed back some 47' to 50' from the neighbors. Commissioner Schwait objected to a three (3) year period of time for preservation of trees and will move, later in the meeting, to make that period of time ten (10) years. In closing, he has not favored Planned Unit Development, but after much thought, this is in the best interest of South Miami in an effort to protect Sunset Drive in that area'. He would support the project with amendments: a ten year limitation on preservation /replacement of trees and that a 25' area is reserved for right -of -way on the west side of the property. He would like to know if there is any problem with S.W. 65th Avenue remaining one lane and the City having the right -of -way dedication. Mr. O'Donnell responded a perpetual public easement would be placed across the 25' and included, in that, a maintenance obligation with use for the public for pedestrian, and bicycle paths and a provision the land will be conveyed', without charge, at any time that it is required by the government for public right -of -way purposes. Vice -Mayor McCann stated if the City requires the avenue be developed, the City would have to pay so the City would be remiss not to ask for abond or some other provision because if he were doing a standard development, he would have to develop this and provide 'curbs gutters,' sidewalks etc. This is part of their obligation for development. Commissioner Brown asked Mr. Mutch for clarification under PUD if section C does not already provide for public improvements such as this; Mr. Mutch said SectionlC. requires the developer place a bond or an irrevocable letter of credit!'in the amount of 125% of updated improvement costs as part of the resolution. To be fair to the developer, he recommended a time limit be place upon the letter of credit; CCM -14- 11/4186 rin .t a Item 49 (continued): Vice -Mayor McCann voided concern with the time limit, especially when no plans for that road widening are on record this date. She would urge the money that it would cost now for the roadway improvements be placed, by the developer, into a bank account for the City so the widening can be done when needed and /or required. Commissioner Andrews Lantz agreed with many of the other comments regarding the development of the property maintaining the residential character of the City and maintaining historical building and wall. The project is pleasing, the traffic would occur no matter what was placed on the property and any alternative, i.e. homes placed side -by -side would not be as compatible. She would not be in favor of collecting any money now for a street that may never be widened, but the City could impose an impact fee, staff could recommend a time period for the developer's responsibility in widening the road. Mr. Mutch asked if the project was a standard project would the bond or letter of credit would be required. The requirements should be equitable. A perpetual easement is normally what is requested /required under standard sub - division. He would not be able to set an appropriate time limit on street widening, there are not any plans at this time, but the applicant's traffic engineer may be able to address the question. Mr. Mutch suggested a statement be included into the resolution stating that if the City wanted to widen the road at a future date, assessment will be made on the homeowners association on the amount of the improve- ment, at that time. Mayor Porter said he would make that-.motion. Commissioner Schwait moved that the PUD resolution state that all trees that are to be maintained on the site have work barriers placed around them and any tree that is destroyed or dies within the first ten (10) years before-:or after the completion of the project shall be replaced on a cali.pher- for- calipher basis (specie -fpr- specie also), with the minimum diameter of replacement tree to be 4 ". Motion seconded by Commissioner Andrews Lantz and passed: Mayor Porter,yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Mr. Mutch requested the Commission remove sections o. and p. from the resolution (error). Moved by Mayor Porter, second by Commissioner Andrews Lantz and passed unanimously: Mayor Porter, yea; Vice- Mayor-McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Commissioner Andrews Lantz requested that, from now on, pages on the individual resolutions and ordinances be numbered. Moved by Vice -Mayor McCann that Section Q. "...providing that the land shall be included in the overall calculations for density." be removed from the resolution. Motion died for lack of.a second. Mr. Mutch suggested that Section Q. contain- suggested right -of =way requirements so it is a stipulation in t e —resolution and part of the covenant addressing the ownership. This Section q would then read as follows: "The applicant further agrees to provide a public pedestrian easement along with west 25` of the property and agrees to record covenants as part of said easement which require futured owners of said 25' easement parcel to (1) maintain said land in perpetuity as a public pedestrian area which shall be included in the overall area calculations of the property for density; and (2) upon a determination by the City Commission that a widening of S.W. 65 Avenue is required, to dedicate and improve said 25''' for public roadway purposes." CCM -15- 11/4/86 rjn } #9 (continued): Mr. O'Donnell stated the applicant would be willing to provide, to the City, a covenant acceptable to the City Attorney, which would obligate the owners of the property, in the event it is needed for right -of -way purposes, to dedicate it for said purposes and also to pay, on a pro -rated basis, the assessment for making the improvements... street improvements. This covenant could be running- with - the -land and could transfer with ownership. City Attorney Hamilton said he would prefer this is attached to the land and be recorded, as well. Moved by Mayor Porter, second by Vice -Mayor McCann,_the.preceding be included in the resolution (please see page 15 for beginning of amendments). Motion passed 4/1: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Brown, yea; Commissioner Schwait, nay. Mr. Mutch requested the resolution include the historic designation of the Orr House be sought within one (1) month after adoption of the PU0 resolution and Special Use Permit. Motion was made by Commissioner Schwait and seconded by Commissioner Andrews Lantz. Motion passed unanimously: Mayor Porter ,yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea, and incorporated into the resolution as Section o. o. "The applicant agrees: (1) to seek historic designation of the principle house of the Orr residence under the City and /or Metropolitan Dade County regulations for historic preservation; (2) to provide a survey and legal description of the new site for the principle house of the Orr residence requiring that the owner will maintain the exterior of the building, in complaince with presently existing regulations of the Metropolitan Dade County historic preservation ordinance which covenant would be enforceable for a period of fifty (50) years; and (4) if a demolition permit for the principle house of the Orr residence is requested at any time after: iadopt�i'on of this resolution, to provide the City (at the time of said request) with�an option to purchase the structure at its then tax - assessed value within thirty (30) days of said request." Vice -Mayor McCann moved that the number of units allowed in the PUD be seventeen (17) rather than nineteen (19).' Mayor Porter seconded the motion for discussion and asked the Planning Director, Mr. Mutch, to restate the density calculations as the permitted amount for that property by the City zoning ordinance. Mr. Mutch stated the Code specifies that 4.36 units per acre are permitted on the site and the applicant is requesting 4.144 units per acre. This has been reviewed and calculated and all agree that the density of 4.144 is the correct calculation and that it is within the number of units allowed per Section 16 -3 of the Zoning Ordinance. Mayor Porter again asked, for clarification, the density as currently zoned. Mr. Mutch replied this criteria has been met. The City Code specifies 4.36 dwelling units per acre as the density permitted in the RS -3 district. If the property is subdivided because of the restrictions placed upon that property because of the dimensional characteristics, you can only get 16 dwelling units on it because of the requirements ofthe RS -3 District requirements. If you had the same number of sq. ft. but different dimensions on a different piece of property, you could get 4.36 dwelling units per acre on the same number of sq. ft. and you could accomodate 19 dwelling units on that site. CCM -16- 11/4/86 ri n m 5 f C Item #9 (continued): Vice -Mayor McCann explained the twenty -five people signing the petition in opposition to the PUD have requested the same zoning for that development as the surrounding residential area. If the zoning code states you may 'have up to' a specific number of dwelling units, it does not mean that number must be built. It means if you can get that number of units on the property with all other require - ments being met, you may build that amount. Under this provision, the development would contain 16 units. The zoning on this particular RS -3 piece of property does permit 4.36 density, it would be impossible to put this on the property because all the other requirements would not be met with regard to setbacks, etc. In addition, the Commission must decide if this project does meet the stated requirements for a Planned Unit Development per City definition '...houses of a variety of types and densities for persons of all income levels ". The Planned Unit Development does not adhere to the setback requirements, roadway requirements, etc. of regular zoning, therein the density is more intense. Motion to change density from 19 to 17 (including Orr House) failed: Mayor Porter, yea;�-Nice- Mayor McCann, yea; Commissioner Andrews Lantz, nay, Commissioner Schwait, nay; Commissioner Brown, nay. (2/3). Vice- Mayor McCann questioned walls and fences as noted in plans. Mr. Fullerton responded the front wall will remain as it is, will be refurbished and cleaned and will remainthe same type and height as part of the historic part of the property. The only modification will be on the east corner of the property, the access point, a curve inward to match the west corner. The gate will remain the same in looks. The surrounding wall (which is rubble) will remain the same height, but will be cleaned up. The wall dividing the public access easement will be a chain link fence, dark green i'n color, which will net =be more than 5' in height. The fence north and east will be the same also, 51 in height. Mr. Mutch responded to Vice -Mayor McCann that these requirements are not in the plans at this time. Vice -Mayor McCann moved the requirements pertaining to fences and walls be included, as stated above, in the Planned Development Resolution. Motion passed. Mayor Porter,yea; Vice -Mayor McCann ,yea; Commissioner' Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown yea: Vice -Mayor McCann voiced concern the Planned Development does not meet requirements set forth in Section 16 -24 -4 of the zoning ordinance and as it abuts the single family residential zoning it must have open space of at least 50' to serve as separation in the area. Moved by Vice - Mayor McCann the street on the east side of the property not be permitted to be located within 20' of the neighboring residential property. Motion seconded by Commissioner Schwait. Mr. Fullerton said -both considerations had been made in the placement of this roadway, and with the road put on the outside makes the homes have some 47' feet - between them and the neighboring residences`:which is preferable to inside road place - ment. Motion failed: Vice - Mayor, McCann, yea; Commissioner Schwait, yea; Mayor Porter, nay; Commissioner Andrews Lantz, nay; Commissioner Brown, nay. Motion on Planned Developmemt Resolution, as amended, passed 4/1: Mayor Porter, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait ,yea; Commissioner Brown, yea; Vice- Mayor McCann, -nay. CCM -17- 11/4/86 rjn RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE OFF -SITE PARKING LEASE BETWEEN COACHES MANAGEMENT, INC. (F /K /A JJIS BAR & GRILL) AND THE FIRST NATIONAL BANK OF SOUTH MIAMI PURSUANT TO SECTION 20 -4.4 (F) (2) (c) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI. WHEREAS, Section 20 -4.4 (F) (2) (c) of the Land Development Code of the City of South Miami was recently amended to allow a portion of off -site parking requirements to be fulfilled by a Lease of one year or greater; and WHEREAS, Coaches Management, Inc. (f /k /a JJ's Bar & Grill) wishes to use a section of its present parking area for an outdoor patio seating area, which additional seating area has been approved by the Environmental Review and Protection Board upon the condition that an additional 17 parking spaces be provided; and WHEREAS, Coaches Management, Inc. has now obtained from the First National Bank of South Miami a one year Lease in the proposed form attached hereto for the rental of 25 off -site parking spaces; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Lease Agreement between the First National Bank of South Miami and Coaches Management, Inc. in the form attached hereto for the rental of 25 parking spaces for a minimum term of one year be, and the same is, hereby approved as meeting the requisites of Section 20 - -4.4 (F) (2) (c) of the Land Development Code of the City of South Miami. PASSED AND ADOPTED this day of January, 1992. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 7 APPROVED: MAYOR ­kW 0MCES D. MCHAEL CAMPBELL 8603 $. DDUE HIGHWAY, SUITE 303 MIAMI. FLORIDA 33143 D. MICHAEL CAMPBELL 'favor and Citv Commissioners City of South Miami 6130 Sunset Drive South Miami, Florida 33143 December 27, 1991 HAND - DELIVERED TEL (305) 661.6161 FAX 1305) 661-0822 Re: Pending Amendment to Section 20 -4.4 of the Land Development Code Coaches Management, Inc. (f /k /a JJ's Bar & Grill) Proposed Off -site Parking Lease Dear Mayor and City Commissioners: As you may or may not be aware, Coaches, formerly known as JJ's Bar & Grill, occupies and operates a sports bar located at 5859 S.W. 73 Street, South Miami, Florida (just South of JJ's Diner.) Currently, Coaches provides seating for its patrons within the interior of the building but desires to transform the section of the parking area located directly in front of the sports bar into an outdoor patio seating area. Although this improvement has been initially approved by the Environmental Impact Board, the Land Development Code requires the addition of approximately seventeen (17) parking 'spaces to accommodate the additional seating provided in the patio area. Coaches has already negotiated with First National Bank of South Miami to lease twenty -five (25) additional off -site parking spaces (eight ('8) more than required by the Code) on a month -to -month basis. However, the sports bar and the bank have further agreed that if required, a longer lease term of one (1) year would be acceptable to each. Accordingly, attached please find a copy of a proposed annual Lease Agreement wherein, Coaches is leasing on an annual basis, twenty -five (25) off -site parking spaces from First National Bank of South Miami. In anticipation of your final vote regarding the proposed Amendment to Section 20- 3.4(B) of the Land Development Code, which essentially requires a lease term for Off-site parking spaces to be for at least one year, Coaches would offer its attached and proposed lease with First National Bank of South Miami for approval by the Mayor and City Commissioners- in the event the proposed amendment is passed or approved in part with essentially the same requirements. Accordingly, we would ask that the above'. requested resolution of Coaches' proposed- off -site parking Lease be placed on the January 7, 1991 agenda. 7 e i Mayor and City Commissioners December 27 1991 Page Two Your cooperation in this regard is greatly appreciated and should you have any questions, please do not hesitate to contact the undersigned at your earliest convenience. Si Mich el a pbell, Esq. Attorney f r Coaches DMCjgar Enclosure D. MICHAEL CAMPBELL. 860© S. DDUE HIGHWAY. SUrfE 303. MIAMI, FLORIDA 33143. TELEPHONE 6616161 t r Sea LEASE AGREEMENT PARKING SPACES LESSOR SOUTH MIAMI CORPORATION (FIRST NATIONAL BANK OF SOUTH MIAMI) South Miami, Florida LESSEE: COACHES MANAGEMENT, INC. 5859 S.W. 73rd Street South Miami, Florida 33143 LOCATION: First National Bank of South Miami S.W. 74th Street Parking Lot PARKING SPACES LEASED: Twenty -Five (25) Parking Spaces TERM: One Year, Renewable Annually Commencement Date: January 5, 1992 RENTAL INCOME: Twenty Dollars ($20.00) per space per month: (`25 spaces x $20 /month = $500 /month) Total: $500.00 / month Sales Tax: $ 30.00 TOTAL: $530.00 / month TERMS: Lessor assumes no liability for theft, collision, fire, damage or injuries of any kind while suing the parking facility. In the event this Agreement is cancelled or not renewed, Lessor agrees to notify in writing: Building and Zoning Department CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Acceptance of these parking cards constitute acknowledgement by the Lessee that he has read and agrees to these terms. If Lessee loses a card, there will be a $10.00 card replacement fee. Lessor: Lessee: By: Se By: ON Date: �.� Date: Q�oQ r RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF HE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PUR�HASE OF A FORD DIESEL 6.6L REPLACEMENT TRASH DUMP TRUCK FOR A TOTAL PRICE OF $37,942.00 FOR THE PUBLIC WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT, NUMBER 1720 - 6430: "EQUIPMENT- OPERATING" WHEREAS, pursuant to the 1991 -92 Budget of the City of South Miami, Florida, the Public Works Department of the City of South Miami, Florida was authorized to purchase a replacement trash dump truck; and WHEREAS, the Administration of the City of South Miami has obtained a cost of $37,942.00 from Atlantic Ford Truck Sales, Ft. Lauderdale, Florida, pursuant to the following governmental bid: State of Florida contract number #070 -700- 100 -8. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration be, and hereby is, authorized to purchase a Ford Diesel 6.61, trash dump truck from Atlantic Ford Truck Sales, Ft. Lauderdale, Florida, at a cost of $37,942.00, pursuant to the following governmental bid: State of Florida contract number #070 -700- 100 -8. Section 2. That the disbursement be charged to account no. 1720- 6430: "Equipment - Operating." PASSED AND ADOPTED this day of February 1992. APPROVED: ATTEST: CITY' CLERK READ AND APPROVED AS TO FORM': CITY ATTORNEY MAYOR Fi C E ATLANTIC FORD TRUCK SALES 2565 WEST STATE ROAD 84 FT.LAUDERDALE FLORIDA 33312 1 -305 587 -8220 CITY OF SOUTH MIAMI CHARLES CHRISTIE SERIES: F700 NUMBER OF UNITS: 11/18/91 PRICE LEVEL: 203 MODEL YEAR: 1992 QUOTE# CLAREN PAGE: 1 SALESPERSON: GEORGE ELLISON MAJOR COMPONENTS TRUCK DESCRIPTION: W8 =237 CA -168 AF -130 OAL =401 ENGINE FORD DIESEL 6.6L 185 HP 2400 RPM SOS TRANSMISSION: ALLISON AT -545 4 -SPEED AUTOMATIC FRONT AXLE: 9000 L8 FRONT AXLE REAR AXLE: 21000 L8 ROCKWELL RS -21 -230 STEEL 2S AXLE RATIO 4.30/6.00 PAINT: PURE WHITE FRONT GAWK: 9000 REAR GAWR: 21000 FRAME GVWR: 31000 TOTAL. GVWR; 30000 s" RETAIL TOTAL VEHICLE PRICE (EXCLUDING TAXES AND TITLE ): 37942.00 TRADE IN ALLOWANCE: 0.00 SASEs TAX 0.00 FEDERAL EXCISE TAX: 0,00 LICENSES AND TITLE FEES: 0.00 TOTAL DELIVERED PRICE: 37942.00 CUSTOMER DEPOSIT: 0.00 BALANCE DUE: 37942.00 COMMENTS: 1991 - STATE OF FLORIDA CONTRACT #070- 700 -100 -8 DEALER SIGNATURE DATE 0, • CUSTOMER SIGNATURE DATE a� CITY OF SOUTH MIAMI CLAREN PAGE: 2 DESCRIPTION BASE VEHICLE PRICE WB -237 CA -168 AF =130 OAL -401 FORD DIESEL 6.6L 185 HP 2400 RPM SOS ALLISON AT -545 4- SPEED AUTOMATIC 21000 LS ROCKWELL RS -21 --230 STEEL 2S AXLE RATIO 4.30/6.00 9000 LB FRONT AXLE 9000 LS CAPACITY MULTI-LEAF 23000 LB CAPACITY W/4500 LB Aux 18.0 SM 50000 PSI SINGLE CHANNEL RIVETED AIR BRAKES FRONT CAM 15 X 4" AIR BRAKES REAR CAM 16.5" X 7" TYPE 16 FRONT AIR BRAKE CHAMBERS DIFFERENTIAL, MAIN NON - LOCKING DRAG LINK & TIE RODS GREASEABLE U -JOINT SPICER 1550 MAGNETIC TRAPS DRAIN PLUG MAGNETIC TRAPS FILL PLUG SHOCK ABSORBERS FRONT DBL:.ACT TELESCOPIC POWER STEERING WHEEL SEALS R €AR'C.R. SCOTSEAL PLUS WHEEL SEALS'FRT SLACK ADJUSTERS FRONT ',AUTOMATIC SLACK ADJUSTERS REAR AUTOMATIC' AIR COMP 13.2 CFM,; BENOIX Tu-FL0 550 MOISTURE EJECTORS 'NON--HTD BENOIX AUTO AIR DRYER BENDIX'AD -9 HEATED SLACK ADJUSTERS :AUTOMATIC FRT AND REAR PARKING BRAKE MAXI II'SPRTNG SET STANDARD INTERIOR TRIM CHARCOAL GRILLE ARGENT HOOD FORWARD TILTING FRONT END HORN SINGLE ELECTRIC WINDSHIELD CLEAR LAMINATED GLASS WINDSHIELD WIPERS TWO -SPEED ELECTRIC MIRRORS DUAL WESTERN DELBAR STAINLESS- HEATER FRESH AIR' WALL WEATHER VENTILATN STEERING WHEEL 18" DIAMETER SUN'VISORS LH & RH BENCH SEAT FULL WIDTH TRIMMED IN VINYL SEAT BELTS LAP & SHOULbER AIR CLEANER MTD RESTRICTION INDICATOR GAUGES, ELEC VOLT, COOL TEMP, 'FUEL PARKING BRAKE CONTR6 DASH MOUNTED SPEEDOMETER ELECTRIC- mPH /KMH TACHOMETER ELECTRIC TURN SIGNAL SWITCH; SIGNAL STAT 900 WARN LIGHTS;BAM,CAB LATCt,WATER IN FUEL WARNING LIGHT,BUZZER,LOW AIR PRESSURE' 9 r . CITY OF SOUTH MIAMI CLAREN PAGE: 3 6;01 29U,1,I DESCRIPTION GAUGES-INSTRUMENT PKG TRANS OIL TEMP WARNING LIGHT TACHOMETER ELECTRIC FLASHER EMERGENCY LIGHTS CAB MARKER, TRUCKLITE (5 LIGHTS) LIGHTS HEAQ TWO RECTANGULAR HALOGEN LIGHTS TAIL Two CIRCUIT PROTECTORS LIGHTS TURN SIGNAL.. FENDER MOUNT ALT 60 AMP MOTORCRAFT INTERNALLY REG IAR BATT 2, 71 Amp 535 CCA 12V MOTORCRAFT SINGLE HORIZ MUFFLER AND PIPE LH SIDE AIR CLEANER DONALDSON SINGLE-STAGE FLEETGUARD SPIN -ON COOL FILTER /CONDITION OIL ''FILTER ONE 1 - ©T FULL FLOW FUEL PUMP ELECTRIC _ GOVERNOR ELECTRONIC OIL COOLER FUEL /WATER''' SEPARATOR STARTER FORD 12 VOLT ENG WARNING & SHUTDOWN SYS FORD 3 FUNCT HOSES - RAD/HTR /ENG SILICONE STEEL, 35 GAL RH STEP TYPE PURE WHITE TUBE TYPE RADIAL 10,OOR20 -14 12,080 GOODYEAR UNISTEEL G159 CS 02Ox7.50 2 Pc 10860 990 TUBE TYPE RADIAL'' 10.00R20 --14 21,200 GOODYEAR UNISTEEL G159 CS 020x7.562 PC 21200 @95 WHEELS SPIDERS PAINTED BLACK BUMPER FRONT FULL WIDTH TOW HOOKS FRONT WARRANTY 6 t CITY OF SOUTH MIAMI CLAREN PAGE: 4 � : 01 : 09=====__======== sa= zsoaasssatsaasasafssilsesas ,e+assasassssassa : = =v4.29U . i . 0 DEALER INSTALLED EQUIPMENT 1 24FT 32CU.YD. TRASH DUMP BODY HEIL RUSTPROOFING MUDFLAPS BACKUP ALARM z s CITY OF SOUTH MIAMI CLAREN PAGE: 5 3,01 29U 1 0 TYPE OF SERVICE: TRUCK VEHICLE DESIGNATION: ON /OFF HIGHWAY TYPE OF ORDER: TO - GOVERNMENT STATE /PROV. OF REGISTRATION: FL - FLORIDA FRONT GAWR - -'COMPONENT -- ---- -- RATING -- FRONT AXLE: 9000 SUSPENSION: 9000 TIRES /WHEELS: 10860 FRONT GAWR: 9000 FRAME WEIGHT RATING: 31000 REAR GAWR -- COMPONENT - -- - - - -- RATING -- REAR AXLE: 21000 SUSPENSION: 23000 TIRES /WHEELS: 21200 REAR GAWR: 21000 GVWR: 30000 EXPECTED BODY WGT: 0 PERCENT FRONT AXLE LOADING: 0 EXPECTED PAYLOAD WGT: 0 PERCENT FRONT AXLE LOADING: 0 CHASSIS WETS: FRONT: 5557 REAR: 3776 TOTAL: 9333 BODY WGTS: FRONT: 0 REAR: O TOTAL: 0 PAYLOAD WGTS: r_ FRONT: 0 REAR: 0 TOTAL: 0 -_ --- -- - - -- -- COMBINED WGTS: ---- FRONT: ---- .._-_ 5557 - -- ----------------__----------_---- REAR: 3776 TOTAL: 9333 'NOTE: WEIGHTS ARE APPROXIMATE AND MAY NOT REFLECT ACTUAL VEHICLE WEIGHT, g *NOTE; EXCEPT WHERE THE TABLE SHOWS OTHERWISE, ALL COVERAGES BEGIN AT THE TIME OF VEHICLE DELIVERY TO FIRST USER AND ARE LIMITED TO THE INO- ICATED NUMBER OF MONTHS OR TOTAL LIFETIME VEHICLE MILES, WHICHEVER OCCURS FIRST. COVERAGES DO NOT INCLUDE TIRES, BATTERIES, MAINTENANCE ITEMS, ALLISON AUTOMATIC TRANSMISSIONS, DIESEL ENGINES NOT MANUFACTURED BY-FORD, OR ANY EQUIPMENT NOT INSTALLED 8Y FORD. CITY OF SOUTH MIAMI CLAREN PAGE: 5 - - - -- zz - - - -- -- a = =us�ssmaaasyeszoaaas i ;0i ;09 =_____ ___ _____ _-- - -- ___�____ -- =acc = == == v4.29U.1.0 WARRANTY AND ESC -- COVERAGE CODE: 1P COMPONENT TIME AND MILEAGE* P & L COVG. TOTAL VEHICLE'S 0 -12 MO. /UNLIMITED MILES 100% ENGINE 0-24 MO. /UNLIMITED MILES 100% ORIVETRAIN 0-24 MO. /UNLIMITED MILES 100 %. CLUTCH (EXCLUDING 0 -12 M0. /UNLIMITED MILES 100% CLUTCH LINING) FRAME 0 -60 MO. /UNLIMITED MILES 100% AIR CONDITIONER 0 -12 MO. /UNLIMITED MILES 100% CAB CORROSION 0-36 M0. /UNLIMITED MILES 100% CAB STRUCTURE 0 =12 MO. /UNLIMITED MILES 100% EMISSIONS 0 -12 MO. /UNLIMITED MILES 100% 13 -60 MO. /0- 100,000 MILES 100% *NOTE; EXCEPT WHERE THE TABLE SHOWS OTHERWISE, ALL COVERAGES BEGIN AT THE TIME OF VEHICLE DELIVERY TO FIRST USER AND ARE LIMITED TO THE INO- ICATED NUMBER OF MONTHS OR TOTAL LIFETIME VEHICLE MILES, WHICHEVER OCCURS FIRST. COVERAGES DO NOT INCLUDE TIRES, BATTERIES, MAINTENANCE ITEMS, ALLISON AUTOMATIC TRANSMISSIONS, DIESEL ENGINES NOT MANUFACTURED BY-FORD, OR ANY EQUIPMENT NOT INSTALLED 8Y FORD. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING AND AUTHORIZING A REQUEST FOR PROPOSALS FOR THE PRIVATIZATION OF THE CITY'S PUBLIC WORKS DEPARTMENT INCLUDING THE WAIVER OF COMPETITIVE BIDS FOR PROPOSALS SUBMITTED IN RESPONSE THERETO WHEREAS, on or about January Commission authorized the City Proposal for the privatization Department, so that the City responses as a part of its disposition of the Public Division; 21st 1992 , the City Manager to draft a Request for of the City's Public Works Commission could consider those determination of the future Works Department's Sanitation WHEREAS, Article III, Section 5 H of the City Charter requires "all contracts for services in excess of $ 1,000.00 shall be approved by the City Commission "; and WHEREAS, the City Manager having considered the process and having drafted a proposed Request for Proposals in the form attached hereto, recommends to the City Commission that it apprnvP and authorize same, including waiver of the competitive bid process as the quality and quantity of services to be provided by private sources would vary so considerably that cost alone would not be an effective means of distinguishing among the responses to the Request for Proposals; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. That the City Commission, having considered the Request for Proposals for the privatization of the functions of the City's present Public Works Department's Sanitation Division attached hereto, hereby approves and authozizes same, including the waiver of competitive bids. r PASSED AND ADOPTED this th day of February, 1992 APPROVED: MAYOk ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY w i f l RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER CITY DEPARTMENT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1991, TO ACCOUNT POR ADDITIONAL AND THUS UNAPPROPRIATED REVENUES AND THE EXPENDITURES THEREFROM PURSUANT TO FLORIDA STATUTE 166.241 AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS NECESSARY TO ACCOMPLISH THESE TRANSFERS. WHEREAS, Florida Statute 166.241 provides for the drawing of money pursuant to appropriation of funds; and WHEREAS, the City Manager set forth a series of recommendations In the attached itemized list to transfer line items from one City Department to another City Department for the fiscal year ending September 30, 1991, accounting for additional and thus unappro- priated revenues and the expenditures therefrom; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the recommendations of the City Manager be, and hereby are, approved and adopted as set forth in the attached itemized list to transfer line items from one City department to another City department pursuant to Florida Statute 166.241 for fiscal year ending September 30, 1991. Section 2. That the City Manager be, and hereby is, authorized to take such measures as necessary to accomplish those transfers, including forwarding the revised Budget to the Florida Department of Revenue. PASSED AND ADOPTED this th day of February, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 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 $9,534.83 REPRESENTING FEES INCURRED FOR LEGAL REPRESENTATION BY GREGORY SORGOGNONI OF RUDEN, BARNETT ET AL IN CONJUNCTION WITH LITIGATION REGARDING THE CITY'S COMPREHENSIVE PLAN; CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100 -9950: "RESERVE FOR ENCUMBRANCES ", WHEREAS, by Resolution number 75 -90 -9102 passed May 22, 1990, the City Commission authorized' the employment of Gregory Borgognoni of Ruden.. Barnett et al in conjunction with litigation regarding the City's Comprehensive Plan; and WHEREAS, the City has now received Invoices for legal services rendered pursuant to the aforesaid Resolution for the period ending January 10, 1992 for a total of $9,534.83; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Se�rtion 1. The City Manager be, and hereby is, authorized to disburse the sum of $9,534.83 to Gregory Borgognoni of Rud'en, Barnett e.;t, al for legal services rendered in conjunction with litigation regarding the City's Comprehensive Plan. Section 2. The disbursement be charged to account number 2100 -9950: "Reserve for Encumbrances ". PASSED AND ADOPTED this th day of February, 1992. APPROVED: MAYOR ATTEST CITY READ AND APPROVED AS TO FORM: CITY ATTORNEY �- UJ _ FEDERAL 10M 59. 1307357 RUDEN. BARNETT. MCCLOSKY. SMITH. SCHUSTER. & RUSSELL. P. A. i ATTORNEYS AT LAW POST OFFICE BOX 1900 FORT LAUDERDALE. FLORIDA 33302 (305) 764.6660 CITY OF SOUTH MIAMI., FLORIDA IP7 City Hall October 10, 1991 6130 Sunset Drive 2A i� Invoice No. 189525 Miami, Florida 33143 OCS f it"CE 0EF ARfi�y,L.f�T File No. 4 adv. Elias DISBURSEMENTS Photocopies Fax Charges Court House Express Couriers 5.25 7.00 71.75 DISBURSEMENTS TOTAL $84.00 TOTAL 84.00 io v G .S o cF !WAX= FM CEAED By T"E FNiM ARE DUE AND PAYABLE UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH MONTH THE RAI & "rc OF ANY ';ArtnNFmWWVWRMAtlWSU6Et „ ,AiECHARGEOFONEANDONE4IALFPEgMC •TN CITY CF SOUTH MIAMI, FLORIDA City Hall 6130 Sunset Drive November 10, 1991 Miami, Florida 33143 Invoice No. 190802 File No. Bakery Cen 08/05/91 G. 08/08/91 G. 08/21/91 0. 08/26/91 G. 09/05/91 G. 09/11/91 G. 09/19/91 G. 10/04/91 G. 10/15/91 G. 10/16/91 G. 6 ter Borgognoni Borgognoni Borgognoni Borgognoni Borgognoni Borgognoni Borgognoni Borgognoni Borgognoni Borgognoni FOR L: 2.9 507.50 2.3 402.50 1.8 315.00 .1 17.50 .4 70.00 4.8 840.00 3.1 542.50 2.2 385.00 2.6 455.00 3.9 682.50 GAL SERVICES RENDERED IN CONNECTION WITH Research re: zoning director's questions; conference with Bill Hampton. Further research re: zoning, PUD and DRI issues; conference with Mr. Swarthout. Conference with Bill Hampton; research. Conferences with Soheila (re: notice). Conference with Soheila; review fax. Prepare for and attend Planning Board Meeting; research DRI and PUD issues. Prepare for and attend Planning Board meeting; conference with Mr. Swarthout. Prepare for and attend meeting. Telephone conferences with . Mr. Hampton /meeting; further research re: vested rights. Prepare for and attend meeting of Planning Board; Conferences: with Mr. Swarthout and -Mr. Berg. TOTAL HOURS 24.1 TOTAL FOR SERVICES $4,217.50 TOTAL $4,217.50 "m Am CUt MID mm" wpm Twmmt=rr ON THE nawr DAY OF EACH www flit Uy Gz Gw ANY INVOIOE tNEN LINMIp POR YO11t TM1N ONE fri AICN7M SMALL "[ SUtJEC!'O A LATE CMAMO" OR ONE AND ON".NALF IERMT 1444"v 0" URAM . �^ 3 ti11°'T" � G -iUS'; �j ArMIRNEY8 AT LAW 10V OWN 50X I ow FORT IAUDLR)&L RZAIDA UM D C30b17"4w .y OF SOUTH MIAMI, FLORIDA Page 2 December 10, 1991 adv Mandelstam DISBURSEMENTS Clerk, 3rd District Court of Appeal Photocopies 250.00 Fax Charges 4. -50 8.00 DISBURSEMENTS TOTAL $262.50 TOTAL $4,217.50 m a v Tw MW ARE FA W wumu wft "M � w ON Two ► ap eApl mom ra &Am= O► Awr �r+ aurwnoropr�oa�TM, wowitoMOwn+ w�xe, �oriaA��ww +seaareAroaw�wrsrMraar„��.�,K -e ?GAA4NA1 Wh�T�; -z SKY. S:Arnx. 3:C -:n:s 'cct. :-z R,USSE::— 2. . %. 3 ATTORNEYS AT LAW Ow OFM M ism =OAT LAWEADALE. FLORIDA 33= (3= 764 MM ="Y OF SOUTH MIAMI, FLORIDA C.ty :fall December 'Q, 1991 6130 Sunset Drive Invoice No. 192221 Miami. :lcrida 33143 v FOR LEGAL SERVICES RENDERED IN CONNECTION WITH File No. 6 Bakery Center 11/01/91 G. Borgognoni .2 35.00 Meeting with Bill Hampton, Cathy McCann and Sonia Lama. TOTAL HOURS .2 TOTAL FOR SERVICES $35.00 DISBURSEMENTS Photocopies 1.00 DISBURSEMENTS TOTAL $1.00 TOTAL $36.00 �rawseeroeneo n►t+aEr�� oue �wor�wa u�o�rww aN nu �a►oE �ronnre++e �AMaaa� iwr moOf1�!({ MIMb�uG11R '1wWCNEAIM�ONfNww�MS1�W AuQipM ldtarAlEIINpCNSw�1�fFA�tei>ro�. 7 -Z_N. �,ARVt°°, k AC:C..VStiY. RUSSt::.. ATTORNEYS AT LAW a POST OFM I= low / FART LAUDERDALE PLUMA �110t I3Oi1 Mam CITY OF SOUTH MIAMI, FLORIDA City Hall 6130 Sunset Drive Miami, Florida 33143 'r December 10, 1991 Invoice No. 192220 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH File No. 1 Land Use Comprehensive Plan Litigation. 10/24/91 K. Klein .4 54.00 Conference with Greg Borgoqnoni regarding appellate cage. 9 g 11/20/91 K. Klein i.5 202.50 Telephone conference with Martin Berg; legal research. K. Klein 2.0 270.00 Telephone, conference with the office of Marty Berg; legal remearch; telephone conference with Marty Berg; prepare letter to Martin Berg, Esquire; review cases provided by 11/22/91 K. Klein 1,4 Martin Berg, Esquire. 189,00 Telephone conference with Martin Berg; legal research. DISBURSpMSTS Photocopies Paz Charges TOTAL HOURS 5.3 TOTAL FOR SERVICES $715.50 1.50 8.00 DISBURSENRNTS TOTAL $9.50 TOTAL $725.00 Y�� ft mops aR &AN omm rAn w&ww w Am ON rru A+aa�s+�wreio�+rn��w� w CITY OF SOUTH MIAMI, FLORIDA City Hall December 10, 1991 6130 Sunset Drive Invoice No. 192222 Miami, Florida 33143 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH File No. 7 Aid client in appellate proceedings regarding master plan /zoning matter in City of South Miami 08/26/91 G. Borgognoni 1.1 09/17/91 G. Borgognoni 1.8 09/23491 G. Borgognoni .4 10/15/91 G. Borgognoni 76.2 10/22/91 G. Borgognoni 1.5 10/23/91 0. Borgognoni 1.8 11/01/91 G. Borgognoni 1.5 11/08/91 G. Borgognoni .4 11/11/91 G. Borgognoni 2.7 11/18/91 G. Borgognoni 2.8 11/20/91 G. Borgognoni 2.4 192.50 Conference with Martin Berg; review fax; research. 315-00 Conference with Martin Berg; review proposed order; research re: same. 70.00 Conference with Martin Berg. 1,085.00_ Telephone - conferince with Me. Wascura; attend meeting to report; review file; research re: automatic stay. 262.50 Conferences with Martin Berg; Cathy McCann Bill Haapton; attend' commission meeting`; research re: appellate relief. 315.00 Review file; conference with Stanley Price's office. 262.50 Meeting with Bil Hampton, Cathy McCann and Sonia Lama. 70.00 Conference with Neil Carver. 472.50 Prepare for and attend meeting with Stanley Price and Martin Berg; review documents from Price. 490.00 Meetings with Sonia Lama, Bill Hampton and Commissioner,Launcelott; review documents 'received from Ms Lama; telephone conference with Martin Berg, Esq. 420.00 Conference with Marty Berg; work on Brief. TOTAL HOURS 22.6 TOTAL FOR SERVICES $3,955.00 ,MIp = w rmo A w *m o x mD mv= wm rAm mmn oM me mw oar or um bom yw mum of Aw MPAICi7i#N UMgIDl�all Ilal�flWl ONll11U0N1MN1A1L�L�N�mALAlpM110E0Fdi�MIOdIE #MLfiUIO�gTfINNirD11�11K FEDERAL 100 59-`1307357 l RUDEN. BARNETT. MCCLOSKY, SMITH, SCHUSTER. & RUSSELL. P. A. ATTORNEYS AT LAW POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (305)764.66M CITY OF SOUTH MIAMI, FLORIDA City Hall January 10, 1992 6130 Sunset Drive Invoice No. 193898 Miami, Florida 33143 ;ooh i File No. 6 Bakery Center DISBURSEMENTS Photocopies .75 Fax Charges 2.00 F/X Courier System 11.94 DISBURSEMENTS TOTAL $14.69 TOTAL $14.69 MANAGER'S OFf/Ge INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY INVOICE THEN UNPAID FOR MORE THAN ONE (1) MONTH SHALL BE SUBJECT TO A LATE CHARGE OF ONE AND ONE-HALF PERCENT (1% %) PER MONTH. 13 C i -nt :118371 FEDERAL ID# 591307357 RUDEN. BARNETT. MCCLOSKY, SMITH. SCHUSTER, & RUSSELL, P. A. ATTORNEYS AT LAW POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (305) 764-WW CITY OF SOUTH MIAMI, FLORIDA City Hall January 10, 1992 6130 Sunset Drive Invoice No. 193899 Miami, Florida 33143 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH File No. 7 Aid client in appellate proceedings regarding master plan/zoning mtter in City of South Miami 12/02/91 G. Waldman 1.0 135.00 Draft Motion for Extension of Time to Respond to Certiorari Order; conference with Greg Borgognoni regarding Motion; conference with opposition counsel regarding agreement to matter. 12/04/91 G. Borgognoni 1.2 210.00 Prepare memo re: stay pending review. 12/09/91 G. Borgognoni .8 140-00 Review letter from Price's office; conference with Stanley Price, Esq. TOTAL HOURS 3.0 TOTAL FOR SERVICES $485.00 DISBURSEMENTS Photocopies 12.00 F/X Courier System 5.64 DISBURSEMENTS TOTAL $17.64 TOTAL $502.64 INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY INVOICE THEN UNPAID FOR MORE THAN ONE (1) MONTH SHALL BE W&ECTIO A LATE 04ARGEOF ONE AND ONE-H&F PERCENT(1%%) PER MONTH. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 14 -90 -1454 DEALING WITH FEE SCHEDULES BY AnDING,A NEW SCHEDULE "I" "TREE REMOVAL PERMITS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT'; AND PROVIDING AN EFFECTIVE 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, HE 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 (I) Tree Removal Permit Fees tree removal permits ......................... $ Section 2. If any section', clause, sentence or phrase of this Uxdiacmue 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 are, hereby repealed. Section 4. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of 1992. APPROVED: • MAYOR ATTEST: zoi The following attachments regarding the Orr's Pond Homeowners Association request to remove the wall on the west side of Orr's Pond are for your review. - November 26, 1991 to Ana Henriquez,. sent to the City Commission in the November 29, 1991 City Manager's Packet. City Commission minutes from November 4 1986 discussions between Orr's Pond Developer and City LLL111 Commission). y - Resolution number 61 -87 -7051 dated June 9, 1987. - Resolution number 109- 86 -6079A dated July 21, 1987. Resolution number 109 -86 -6079 dated November 11, 1986. The Resolution which if approved by the- Commission, would- permit the Orr's Pond Homeowners Association to demolish the west wall, was listed as item 13 on your January 7, 1992 agenda and was deferred. WFH :er c: Orr's Pond Homeowners Association B & Z Director IM COY of South Miami 6130 Sunset Drive. South Miami. Florida 133143 663-6338 November 26, 1991 Ms. Ana Henriquez Management Representative Orr's Pond 6947 S.W. 72 St. South Miami, F1 33143 Re: West wall - Orr -s Pond Dear Ms. Henriquez: CITY MANAGER This letter is in response to your written request dated November 1, 1991 and addressed to the Building and Zoning Director, regarding removal of the original west wall of the George E. Orr Estate. Background: The following was obtained by reviewing Resolutions 109 -86 -6079 (November 11, 1986), 109- 06 -6079A (July 21, 1987) 61- 87 -7051 (June 9, 1987) and the official minutes of the November 4, 1986, Commission Public Hearing on the Orr's Pond Planned Unit Development Ordinance. The Developer wanted to construct nineteen units but if the dedication of the west 25 ft. for right -of -way purposes (on SW 65 Ave.), as required by Dade County Subdivision Regulations occurred only 16 units could be constructed. In order to accommodate the Developer and permit nineteen units, the City waived the street right -of -way dedication requirement. In order to obtain the City's waiver of Tract "C" (the west 25 ft. of the property) right -of -way, dedications the City required the Developer's agreement to the following: I. Provide public access to the pedestrian easement along west 25 ft. of property (Tract "C ".) "City of Pleasant Living" x 2. Record covenants as part of said easement to future owners of said 25 require ft. easement to maintain said land in perpetuity as a public pedestrian area. 3• Upon determination by the South Miami is City Comm the widening of SW 65 ion that necessary, the Developer and /or future . owners are Pond) is to dedicate and improve said 25 ft. to roadway purposes. Note: should the City Coission public Commission future decide that SW 65 Ave. should be widened, the green chain link fence located within the 25 ft. easement would have to be moved to the east. The existing fence encroaches on the 25 ft. easement as follows: Least encroachment 12' 111 Greatest it 17- 4'1 I find no authorization for any unilateral action by the City, the Developer, or the current homeowners to demolish the historical wall located on the west side of the 25 ft. easement, as described in the official City ement, the official City records. As a matter of fact, y minutes show that the Developer agreed to maintain the .same height of the rubble. The requirements wall but. would clean up the walls (including the west stone wall) were ounanimousl fences and the City Commission on November 4 Y passed by in the Planed Unit Development ResolutionaandaDeeddco8enantcluded From my review of the Orr's Pond minutes and Resolutions I believe the City Commission's clear intent was to require the Developer and all future owners to ' ft. easement as follows: pay for and maintain the 25 a• Landscape maintenance b. Public pedestrian path c• Maintain and repair of what is left of the original stone wall on the west side of the 25 . ft* easement. d. If the City determines that in the best interest of the public the west 25 ft widening SW b5 Ave, easement is required for owners will remove theh and /or future encroaching 8 Sreen chain link fence and Pay for said street widening. If the Orr's Pond Homeowners, Association wishes t request a change in the covenants o' formerly west 25 ft. easement) Pertaining to Tract "C° (the Association I recommend that the Homeowners pass a Resolution at an official meeting, requesting the City to authorize demolition of the original stone wall, located on the west side of Tract "C ". Once that Resolution is passed in the majority, please forward _same to me and I will place the issue on the next City Commission agenda for consideration. Sincerely, ildlli' F H P ton / City anag WFH er c: Mayor and Commission B & Z Director Board of Directors, Orr's Pond Homeowners Association Mrs. Linda Tobin (by request) `r ,a MINUTES OF THE REGULAR CITY COMMISSION MEETING NOVEMBER 4TH, 1986 The meeting was called to order at 7:35 by Mayor Porter. Those.in attendance were Mayor Porter Vice-Mayor McCann Commissioner Andrews Lantz Commissioner Schwait Commissioner Brown Also in attendance were: Acting City Manager Turner, acting Finance Director Taylor, acting Police Chief Romine, Planning Director Mutch, Building Official Kirk, Recreation Director Cowen, Public Works Director McGuire, acting Assistant Public Works Director Swift, Associate City Attorney Hamilton and City Clerk Nayman. Following the Invocation and Pledge of Allegiance to the Flag of the United States of America, the following items were considered by the Commission: Moved by Vice- Mayor McCann, second by Mayor,Porter, the minutes of October 21st, 1986, regular City Commission meeting be approved as read. Motion passed unanimously: Mayor Porter, yea Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Moved by Vice -Mayor McCann, second by Mayor- Porter, the minutes of September 30th, 1986, Special City Commission meeting be approved as individually read. Vice -Mayor McCann noted the pages in the minutes may have been switched around and moved these be collated in the proper order. Motion was seconded by Mayor Porter and passed unanimously: Mayor Porter, yea; Vice- Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Motion on minutes as amended passed: Mayor Porter,vea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner- Brown,yea CITY MANAGER'S REPORT: Acting City Manager Turner stated he would like to give the Commission a priority update of issees he had brought to them on previous occasions..: 1) Current health and dental plan coverage will-continue with'specifications for bidding process being set by Administration so the new City Manager can make recommendations. 2) Collective bargaining in progressing with a tentative agreement reached with AFSCME. He would like Commission participation with suggestions for PBA negotiations. A meeting was scheduled with the Commission, Attorney Jim Crosland, the City's labor attorney, and the Acting City Manager to Monday, November 10th beginning at 7 :00 P.M. i tip` CITY MANAGER'S REPORT (continued): 3) The City's regular Pension Plan needs one more member, from the election held by the members of the Plan. He can have that election on an immediate basis. The acting City Manager and the Acting Finance Director are working to get the necessary report to the State of Florida so funds for the Pension Plan Chapter 195 (Police) can be released. There are appointments necessary on this Board also, if those serving on two Boards cannot serve. Vice -Mayor McCann requested the City Attorney submit a report for the Friday packet addressing whether or not employees or members of the public can serve on two boards. If not, then the Commission must address this issue. Acting City Manager stated State Law also sets for composition of Police Pension Board, 4) Rules and regulations for personnel have been addressed; all City employees have been given employee handbooks. 5) An auction is planned for excess or non - usable vehicles and other items. A list will be placed on an upcoming agenda with the sale scheduled for the end of November. 6) Fees for the Sylva Martin Building have been set and will appear in .resolution form later on the agenda. 7) Personnel Board appointments need to be addressed: Jim Crosland, the City's labor attorney, has agreed to represent the City, when needed, for an hourly fee of $85.00. Mr. Turner recommended the services of Mr. Crosland be kept at this reasonable rate for when City representation is needed. Mayor Porter noted this ,Board does have four members out of the five required, but if those serving on ,the Board need to be reappointed, he will need that information. Mayor Porter asked the City Clerk to prepare a master list of board appointments, including expiration dates of appointments, and give same to the Commission. Also, if the Commissioners have any suggestions for appointments to boands, they should submit the names to him immediately'. Commissioner Schwait urged the Commercial Development Board begin meeting. Acting City Manager stated he had received all necessary information from the City Clerk this date, and he has had this information given to the Planning Director so meetings for that board will be called shortly. 8) Parking problems in residential areas are being addressed Acting City Manager Turner suggested restricted parking zones in problem areas which would have parking by permit only. Vice -Mayor McCann noted the area of S.W. 74th and S.W. 75th Streets are always hard hit with parking problems and stated the residents of those areas should request enactment of the decal program in their area. Also, there are other areas and other states that give visitor permits to residents so they can distribute them to their visitors when needed. 9) Acting City Manager report the United Way Campaign in the City: Police Department, Public Works, and City Hall, is drawing to a close with some very good results. 10) Sherrie Avery, representing South Miami /Kendall Area Student Chamber of Commerce was unable to be present to address the Commission regarding that groups bakelsale. They are requesting; use of the area just outside the Chamber parking lot to have that sale on November 15th, 1986. They will not be encroaching into park property and will leave the area clean. Commission voiced no objection. rrM -2 10/21/86 rin i 11) Acting City Manager Turner reported Metro -Dade County had contacted him regarding use of the City Commission Chambers for Homestead Exemption registration. This will take place from January 2nd, 1987, through March 2nd, 1987, and the County will need the Chamber Monday, Tuesday, Thursday, and Friday. Commissioner Schwait voiced objection to using the Chamber on Tuesday unless a suitable location for Environmental Review Board hearings is located. Commission voiced no other objection if the Board can be relocated. Acting City Manager stated accomodations will be made or the days of use will be modified. 12) Curtain International Pictures has requested use of the Commission Chambers on Thursday, November 27th, 1986, for a filming of "One Minute to Midnight ". Commission voiced no objection as long as fees were paid and insurance was obtained. Acting City Manager will verify this date they specified as it is a holiday 13) With regard to evaluations and analysis of different departments, the acting City Manager reported some firms have come forward to offer services at no initial cost to the City. If the firm does an analysis and the City does not save the price of their fee, there would not be any charge at all. Vice -Mayor McCann noted many of the departments are presently run by those in 'acting' positions and it may be more beneficial to have a professional firm do the job. She would like to see this implemented after the new City Manager has been selected. Commissioner Andrews Lantz stated she would agree to this professional audit as long as there was no cost to the City. She would urge this be done now and the then if every department is running smoothly there would be a smoother transition to the new City Manager and would give that person something to build on. Mayor agreed as long as there is no cost to the City. Vice -Mayor McCann stated the City is in very dire need of new police cars and would like to know the time frame for ordering. Acting Manager Turner stated the delivery would be about ninety days; the price about $11,000 each. Vice - Mayor McCann urged the proper document be placed at the end of the agenda under Discussion so prompt action can be taken on this matter. Also, other needs that would have come under Federal Revenue Sharing need to be-addressed. Vice -Mayor McCann stated the minutes should reflect the City Attorney's opinion on reading ordinances in their entirety on first and second- reading. " The amendments to the Articles of the Charter of the City of South Miami recorded November 17, 1978, subsequent to the Home Rule Powers Act, provide inj Article II, Section 6 B(3) that "each ordinance shall be read in its entirety on both of the first and second:' readings..:," While it is unusual to make such a provision in a Charter that has beer, updated since the Home Rules Power Act and since the promulgation of Chapter 166 Florida Statutes providing procedures for adoption of ordinances and resolutions, the Charter, provision nevertheless exists and controls. (continued)... rrm „ 10 Oty i ttorney opinion continued, if Amendments to the Charter may be accompiisned in accordance with Section 5.03 of the Dade County Code which provides that within 120 days after adopting a resolution or after certification of a` petition of 10% of the qualified electors." Vice -Mayor McCann complimented Administration and Planning & Zoning with regard to the ' door - hangers' notifying residents of newspaper collection and with prompt removal of abandoned cars, buses, etc. on overgrown lots. Mr. Mutch announced a new schedule for Comprehensive Plan and Zoning Amendments: November 25th, 1986 Planning Board December 16th, 1986 City Commission (1st reading of ordinances) January 6th, 1987 City Commission (2nd reading of ordinances) April 7th, 1987 City Commission (2nd reading /Comp. Plan) April 7th, 1987 City Commission (2nd reading / zoning) Mr. Mutch explained some $6,200 has been spent on Staff time in preparation of all the required notices etc and another 90 120 hours of manpower will be necessary for completion. Much of this amount is not budgeted and the City will have to go to the contingency fund for payment. Mr. Mutch requested direction from the City Commission with regard to closing ` times for establishments serving liquor before same is presented to the Planning Board for consideration on their special useordinance. Vice -Mayor McCann asked if the parking can also be addressed; Mr. Mutch replied the parking requirements will be addressed in a separate ordinance. Vice- Mayor McCann urged that one ordinance for hours by special use not be passed without the appropriate parking requirements by ordinance. Vice -Mayor McCann asked that Notice of Violations only ask compliance as soon as possible. She would like these notices reworded to be more specific as to the time period. Commissioner Schwait. stated Safe Streets at Halloween, sponsored by the Red /Sunset Merchants Association and others had been very successful and he would like an appropriate letter to go out from the Commission. Commissioner Schwait noted door hangers explaining newspaper pick -up have been distributed, but a scavenger in the area is still picking them up before the City. He would like this situation addressed. CCM -4- 11/4/86 rjn t q Commissioner Schwait urged a procedure for the selection of City Manager be set up;at` this time. After Commission discussion, it was decided that all resumes would be reviewed and each Commissioner would submit his or her top 10 -12 choices. These will then be discussed, in depth, at a workshop meeting which will be held on Monday, November 11th, 1986, immediately after the PBA workshop meeting (about 8:00 P.M.) Vice -Mayor McCann voiced concern whether or not employees are using good work habits and excerising caution, particularly in public works department. Acting City Manager stated this has been addressed ht a meeting between himself and both the acting Public Works Director and assistant Public Works Director. Vice -Mayor McCann stated concern for the safety of the employees; Commissioner Schwait noted the equipment is now broken again and trash collection is behind. Acting City Manager Turner stated he is trying to get loan equip - ment from the County; Commissioner Andrews Lantz suggested calling John Greene of Dade County to expeditite this matter. CITY ATTORNEY'S REPORT: Associate City. Attorney Hamilton stated an order had been received from the Appellate Division of the Circuit Court on a suit filed by Ralph Symons and Barbara Kornblau. This is an older order to show cause and he does not anti - cipate any problems in this area. Commissioner Brown asked if the Attorney's firm has had success in reducing the case load of the City; Mr. ;Hamilton responded there have been three new cases of personal injury; no cases have been dismissed and the litigation control depends on when cases are heard. ORDINANCES /SECOND READING AND PUBLIC HEARING: #5' ORDINANCE W An Ordinance amending Section 7 -3 of Chapter 7 o the City Code by increasin fees for building, plumbing, electrical,; mechanical and sign permits,_ g establishing__the _ conditions and amount of and other fees providing an immediate effectiveudatefand,repeaingtall ordinances Inconsistent herewith Moved by Commissioner Schwait, second by Mayor Porter, this item be deferred to the next regular City Commission meeting. Vice -Mayor McCann stated she would not object: to deferral "if direction is given to the Planning Department so that questions by the Commission, i.e. are some fees eliminated, what are the increases by %,; are addressed. Commissioner Schwait asked this be deferred without hardship or prejudice; P J Commissioner Andrews Lantz asked also the questions posed be answered and the Planning_ Department' give reasons for their recommendations. Vice- Mayor McCann stated she allsolwould like reasons for the increases recommended and explainations s4I01as sq. ft. for fences being used instead of lineal feet. CCM -5 11/4/86 rjn #5 (continued): Motion to defer passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Vice -Mayor McCann asked the City Attorney for clarification with regard to either a third reading of the ordinance if the changes are substantial or would the Commission begin again with both the first and second readings. Associate City Attorney Hamilton responded either would be fine; a third reading would be acceptable #6 ORDINANCE NO. 20 -86 -1266 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, PROHIBITING,SKATEBOARD USE IN SPECIFIED AREAS. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to please step forward to be heard at this time. No one Wished to speak and the public hearing was deemed closed. Moved by Mayor Porter, second by Commissioner Schwait, this be considered the second and final reading of the ordinance in its entirety and it be adopted and assigned the next number by the City Clerk. Commissioner Andrews Lantz noted their was a problem also with bicycles and this may need to be included in the ordinance Moved by Commissioner Andrews Lantz second by Mayor Porter, the ordinance be amended to include bicycles. Commissioner Schwait noted he had requested this before, but had been informed there are state regulations; Acting City Manager stated bicylists are requffed to stay on designated bike paths. Associate City Attorney Hamilton stated the ordinance had been prepared and subsequently advertised as 'skateboards.` and if it is the wish of the Commission he will prepare the bicycle ordinance separately. Mayor Porter read into the record a letter from Ms. D. B. Alonso, who has stated she had almost been run down by skateboarders and also by bicycles while walking toward the downtown areas. Commissioner Brown disagreed with including bicycles noting the new Comprehensive Plan encourages bicycling and also the City has placed bicycle racks in the downtown area. Mayor Porter and Vice -Mayor McCann noted there is no fine or other provisions for specific enforcement. Associate City Attorney Hamilton stated Section 3 of the ordinance allows Police Department descretion in enforcement. Most of the offenders would be juveniles and their co- operation is expected. Acting Police Chief Romine asked for direction for enforcement by his depart- ment. Commissioner Schwait suggested trying the ordinance for one or two months and if it doesn't work, the Commission can amend it to make it more harsh. The Acting City Manager and Acting Police Chief can report back to be Commission with regard to effectiveness of the ordinance as soon as possible to determine if further Commission action is necessary. CCM -6 11/4/86 rjn Item #6 (continued): Acting City Manager stated at this point the offenders will be warned and, if necessary, the skateboard impounded. Motion passed unanimously: Mayor Porter, yea; Vice- Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. #7 ORDINANCE'NO. 23 -86 -1269 AN ORDINANCE OF THE CITY OF SOUTH MIAMI', FLORIDA, PROVIDING FOR THE ISSUANCE OF ITS TAX ANTICIPATION NOTE TO FINANCE CERTAIN ADMINISTRATIVE AND OPERATING COSTS OF THE CITY OF SOUTH MIAMI, FLORIDA; AUTHORING SUCH NOTE TO BE ISSUED IN A PRINCIPAL AMOUNT OF $1,000,000 OR SUCH LESSER AMOUNT AS MAY BE ADVANCED AS PROVIDED HEREIN; PROVIDING FOR THE DISCURSEMENT OF PROCEEDS OF THE NOTE; PROMISING FOR REPAYMENT OF SUCH NOTE FROM AD VALOREM TAX REVENUES AS PROVIDED HEREIN; - AUTHORIZING AND AWARDING THE SALE OF SUCH NOTE TO BARNETT BANKOF SOUTH FLORIDA, N.A., MIAMI, FLORIDA, UNDER THE TERMS PROVIDED HEREIN; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DESIGNATING THE NOTE AS A QUALIFIED TAX EXEMPT OBLIGATION FOR PURPOSES OF SECTION 265 OF THE INTERNAL REVENUE CODE OF 1986; PROVIDING AN EFFECTIVE BATE. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to please step forward to be heard at this time. No one wished to speak and the public hearing was deemed closed. Moved by Mayor Porter, second by Vice-Mayor McCann, this be considered the second and final reading of the ordinance in its entirety and it be adopted and assigned the next number by the City Clerk. -- Vice- Mayor McCann voiced objection to Section 13. of the ordinance which leaves too much descretion to the Finance Director. She would perfer this to state Finance Director with approval of the City Manager. Also, she would like a sentence to add the City Commission shall e notified within 48 hours of each transaction' Commissioner Andrews Lantz said the Charter states the Commission must have a 4/5 affirmative vote to borrow money and she would prefer the City Commission follow this procedure and accomodate the need of the City by resolution under the enabling ordinance. Mayor Porter agreed stating the City Commission, notified by the City Manager, would know far enough 1 in advance to follow this procedure and the advances can be handled in a routine manner. Associate City Attorney Hamilton stated his opinion there is an ambiguity in the City Charter and he does feel the bank would prefer each transaction be done by ordinance.. The closing on this note takes place tomorrow, but an additional step of an ordinace_ could be put in as an additional step. After further discussion it was decided Section 13. would state 'if and only if such is authorized by a 4/5 resolution of t e City Commission.' Motion was made by Mayor Porter, second by Commissioner Andrews Lantz and passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. CCM -7- 41/4/86 rjn #7 (continued): Vice -Mayor McCann called the attention of the Comnissi'on to Section 15(3) where is states "Funds in the Sinking Fund may be invested only in Defeasing Investments. -" That definition is not clear and she requested a definition be given to the Commission before the ordinance is voted on. Associate City Attorney Hamilton stated he is not familiar with the term; Commission requested a -15 meeting deferral of the ordinance until the definition is clarified. Acting City Manager Turner explained to the Commission the City does intend to borrow the remainder of the $650,000 shortfall amount ($300,,000) on the next day and if an enabling resolution is needed, this may need to be done at this time. ** Refer page 18 later in the meettgg. Moved by Mayor Porter the word 'defeasance' be stricken. Associate City Attorney Hamilton cautioned this may be a requirement of the bank regarding this certain type of document and would warn the Commission against such removal. Motion died for lack of 'a second. Moved by Vice -Mayor McCann, second by Mayor Porter, the vote on the ordinance be deferred for clarification. Motion passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andfews Lantz,yea; Commissioner Schwait, yea; Commissioner Brown, yea. * *Vote deferred** RESOLUTIONSJPUBLIC HEARING: #8 RESOLUTION NO. 108 -86 -6078 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, RENEWING A HOME OCCUPATIONAL LICENSE TO MARION SECRIST, D /B /A PALM BEAUTY SALON FOR A PERIOD OF ONE YEAR COMMENCING OCTOBER 1, 1986 AND ENDING OCTOBER 1, 1987, AT 6271 S.W. 44TH STREET, SOUTH MIAMI, FLORIDA. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or agoinst the ordinance to please step forward at this time. No one wished to speak. Mayor Porter noted the City Clerk has stated five (5) letters in support of Palm Beauty Salon have been received; no letters against have been received. Motion passed unanimously: Mayor Porter, yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait,yea; Commissioner Brown, yea. CCM -8- 11/4/86 rin t . RESOLUTIONS - PUBLIC :HEARING CONTINUED: #9 RESOLUTION NO. 109 -86 -6079 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING THE APPLICATION Of JOHN FULLERTON FOR A CONDITIONAL USE PLANNED UNIT DEVELOPMENT CONSISTING OF 19 SINGLE FAML'IY HOMES, AS TO CERTAIN DESCRIRED PROERPTY LOCATED AT 6491 SUNSET DRIVE, SOUTH MIAMI,, FLORIDA, PROVIDING FOR THE ORIGINAL DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT DOCUMENTS TO BE IN FILE WITH THE CITY CLERK OF THE CITY OF SOUTH MIAMI, AND AMENDING THE OFFICIAL ZONING MAP OF 1HE')CITY OF SOUTH MIAMI TO SHOW SAID CHANGE. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to please step forward at this time. John Fullerton, applicant, owner, and architect, with offices at 6701 Sunset, addressed the Commission.to introduce his attorney Tony O'Donnell from the firm of Greenberg, Traurig, et a1, 1401 Brickell Avenue, Miami, Florida, Mr. O'Donnell stated to the Commission this Planned Developmemt is consistent with the private use consistent with other homes in the area and is a good use of this property. The City's policy has been to maintain Sunset Drive as a residential corridor and this property will protect that integrity as well as be :a major buffer zone on;:Sunset Drive. He would like to call specific items to the Commissions` attention: 1) every tree on the property, except at the entranceway has been maintained 2) 68% of the project is open space 3) the pond has been preserved and a maintenance program addressed 4) the architectural integrity of the Orr House has been maintained and a covenant made so subsequent owners will also maintain. He closed stating the Environmental Review Board, the Planning Board and Staff of the City of South Miami have all recommended 'approval. The criteria set forth in the City of South Miami Plamwd'Development Ordinance has been met. Commissioner Andrews Lantz inquired about ingress and egress to the property from Subset; Mr. O'Donnell responded it is limited to the S.E. corner of the property except in emergency. In response to Commissioner Schwait, Mr. O'Donnell agred- a U -turn would be - necessary for access to the property, but that fact would; hold true no matter what houses would be put on the property because of the median strip. Mr. Jack Mulstead, traffic engineer for the project spoke to the Commission to verify this information and to state traffic in the project is addressed by residential streets to the individual homes just the same as it would be if the project were 16 single family homes. Commissioner Schwait asked for clarification on the 'guard house' on the property; Mr. Fullerton explained this would control Vehicular access to the homes and after -dark pedestrian access' to the property. Commissioner Schwait asked for information with regard to Orr's Pond; Mr. Fullerton explained this will 'have a pathway for joggers and walkers and will have the surrounding area mowed CCM 9 11/4/86 rjn Vice -Mayor McCann questioned the lot square footage with regard to the project; Mr. Fullerton replied they are from 9,900 to 5,000 with the average lot being 7,400. Vice -Mayor McCann noted this would preclude pools and spas; Mr. Fullerton responded lot coverage would not exceed the permitted 30% on each lot. Vice -Mayor McCann stated concern with Commission would be beseiged with requests for those buying the homes to add pools. Commissioner Schwait asked whether those homes under Planned Development still follow basis zoning criteria`. Mr. Hutch explained the setback designed by Planned Development does not follow setbacks in RS -3 districts. There are dimensional requirements in Planned Development and the hardships are self - imposed. The Setback lines for each property are shown on the plans. Mr. - Fullerton noted there would never be any building into the setbacks, application for Planned Development states the 'homes will not exceed permitted lot coverage. 2) Mr. Christopher Cooke- Yarborough, 6802 S.W. 64th Avenue, spoke as a neighbor to the project, founder of Neighbors of Cocoplum (a neighboring subdivision), an architect and a member of the City's Planning Board. He stated the Development is slightly different, but does, in his opinion, enhance the area.- The boundaries, are behind a coral rock _wall which will be maintained, there will not be any other fences or walls more than 4' in height so the homes and trees are visually accessible and he noted the project as good start toward maintaining the residential character of that area. 3) Ms. Beatrice Linden,South Miami resident, submitted to the Commission a petition, signed by some 25 neighbors, who urge the property stay as it is now, perhaps becoming a neighborhood park in the future. She stated concern with density, U -turns into the project and noted that S.W. 65th Avenue is only one lane and will not be able to handle the traffic to the project. She also expressed concern with the trees on the property being cut at some later date. Vice -Mayor McCann questioned the preservation of the trees; Planning Director Mutch suggested placing in the Planned Development Order the Staff recommendations as a statement (Staff report) 'which "would then include the items the Staff recommends such as the preservation of the trees. 4) Ivan_ Rodriguez, Director, Dade County Historic Preservation, commended the Commission on amending the Planned Development requirements to make them more stringent. He does think the architect was sensitive to the neighborhood and has addressed -, also, the - historic preservation of the Orr House. _- 5) Rob Stevens, President of South Miami Homeowners Association, addressed the Commission in opposition to the project stating it is not in character with the: surrounding neighborhood and is contiguous to_ another project, The Banyans, which is also way older the City's permitted density. 6) Richard Marks, 6440 S.W. 62nd: Terrace, stated concern this project may subject the City to unexpected expenses, such as liability for the 10' deep pond, and stated the City should seek to obtain a hold harmless agreement for that pond. Vice -Mayor McCann noted there are many other properties in the City with water and questioned the liability of just this one; Associate,,City Attorney Hamilton stated he is satisfied with the Planned Unit Development in this regard and ,does not see specifically any additional liability for the City. No one else wished to speak and the Public Hearing was deemed closed. CCM 10 11/4/86 rjn x ^ k (continued): Moved by Mayor Porter, second by Commissioner Brown, the resolution be adopted and assigned the next number by the City Clerk. Commissioner Brown asked Planning Director Mutch for the Staff recommendations on this Planned Development. Mr. Mutch said the Planned Development is in conformance with the requirements stated in Sections 16 -22, 16- 23,'16 -24 and 16-25 of the City's Code. The Commission packet had contained Staff recommendations dated October 7th, 1986, entitled "Orr's Pond ". This states the various items of concern of Staff and over -ail recommendations. Staff has recommended approval with the following conditions 1) the 25' area be reserved for right -of -way on the west side of property:either: a} have a public access easement granted granting public access conveyed to the City with the stipulation that the-�area will be maintained by the property owners of the project with the lighting on the pathway, incorporated into the public access easement also be paid for by the association or b) the strip of property be conveyed to the City with the _ stipulations as stated above and the improvements made by the owners of Orr's Pond. 2) All trees to be maintained shall have work barriers put around then Any tree which is shown to be preserved' on the site, if it is destroyed or dies within the first three years after or before completion of the project shall be replaced on a caliper inch for calipher inch basis with*the minimum diameter for a replacement tree to be four inches (4 "') (species for species replacement required). Also, staff has received and would like t6 Ancorporate as 3) the following conditions for preservationof the Orr House: 3) a. the owners of the Orr House will expeditiously seek historic designation under the City and /or County Codes for historis designation. b. the survey and legal description of the Orr's house site, as proposed in the Planned Development Plan will be forthcoming and incorporated into the exhibits for the Planned Unit Development within one month of the adoption of the Resolution. c.- a- covenant will be placed with the title of the new Orr's residence property stating that the owners viill maintain the exterior of the building in compliance with the existing Metro -Dade 'County historic preservation ordinance and that this covenant will be in force for fifty (50) years. d. If a demolition permit is requested at any time after that fifty (50) years, the City of South Miami will §etthe option to purchase the structure at its' tax 'assessed value within thirty (30) days after the request for demolition and move the structure to another site.. and that the requests of a demolition permit, at that time, would be accompanied by a proposal for sale to the City of South Miami. Mr. Mutch stated Staff also has prepared the resolution and this does state various factors relating to the Planned Development. Staff believes that the density, as proposed, is appropriate and is in accord with the zoning 'code of the City of South Miami and thelvarious sections relating to density in Planned Unit Developments. CCM -11 11/4/86 rin #9 (continued): Also, Mr. Mutch stated, all other factors have been incorporated into the resolution If the Commission agrees with the items, the Commission would need to make that part of the motion to adopt the resolution. If the Commission does not support the resolution, it would be appropriate, in denying it, to _specify reasons and set forth finding of fact. Vine- Mayor McCann posed the question to Mr. Mutch that the land, now zoned RS -3, now a Planned Unit Development is being planned, and it is up to the Commission. She does not see any requirement the Commission must approve of this Planned Unit Development and would like to know if this requirement is part of South Miami zoning. Mr. Mutch explained this comes as a special use permit rather than a rezoning of the property and as a special use permit the decision comes under the quasi - judicial functions of the City Commission. If the criteria is met under the Special Use Permit, Commission would need to make a finding -in -fact as whether it meets the requirements or not.. Vice -Mayor McCann stated she would like the record to reflect she disagrees with the applicants attorney, Mr. O'Donnell, as to why this property would or would not be a good park or why the City chose or did not choose to purchase the property. Additionally, she would not want anyone to think that his comments on the zoning on sunset were anything but an arguement on a zoning matter. Vice -Mayor McCann reiterated her concerns on the Planned Development Housing 16 -20, lines 15 through 20 where it specifically states "it is the intent of the general- -- regulations applicable -to planned development and these_ additional regulations applicable to PD -H Development to encourage planned residential development and re- development and that these provisions be utilized as an aid in providing housing of a variety of types and density for persons of all income levels." She does not think that regulation applies to this presentation. Page 147, line 7 through 18 speaks of density 16 -24 lines -5 through 8 specifically state "site planning within PD -H development will provide protection of the development from potentially adverse surrounding influence and protection of surrounding areas from potentially adverse influences from within the development." Resolution states under "P_ . the City arranges for hospital and accessory use and she is not certain why this would be included. Resolution does not.recessarily agree with "T" A portion of resolution that notes the City recommends that the easement on S.W. 65th Avenue be dedicated to the City, but allowed to be used by the Planned Development as part of the "gross area ". The developer must give_tothe City of South Miami a 25' strip and she ,is adamant in her desire that the land be given to the City so if the City deems'') t necessary, at any time, the road be widened, condemnation procedures are not necessary. Also, the developers shouldnot be able to use this as their 'gross area 16 -24 -4 Staff talks about uses adjacent to residential districts lines 9 - 14, addresses street for protection and not abutting residential back yards. This portion was put into the ordinance to protect the residential uses. CCM -12- 11/4/86 rjn #9 (continued): be used for buffer and would orerlude a private tree+ F, . oi _ ng located 4. L, 2" .,y of the eastern boundary of the PD -H. These and other reasons have brought her to the important issue that when a developer is requesting a more intense density this would be an agreeable situation. She voiced concern with the preservation of the Orr House and stated she did not 'like 'walled -in' communities_ within a City, which tends to make those inside not be a part of the City. Vice -Mayor McCann also noted that if the developer gave the number of houses that could be placed on this RS -3 piece of property if there was nothing already there and not even trees, that number would be 16. This is not necessarily the best planning but the number calculated to the highest density, Mr. Mutch has stated the different planning and concerns with the Planned Development calculations, but if you take the property and the surrounding area, leave the house and the pond, there would not be room for this many houses and the neighbors that have stated concern have a very valid point. Anything beyond the 16 units and the Orr House is too dense and could accept the Planned Development with only the following recommendations 1) the number of houses be changed from 19 to 17, one being the Orr House; 2) the land dedicated to the City for the future roadway. Vice -Mayor McCann concluded the City does have the right to make certain ,demands and has the obligation to seek quality and the best project for the City. Commissioner Brown stated there are .additional documents that the City Commission has received that are not part of the proposed ordinance.. There are things, such as the Staff recommendations, that should be incorporated. Also, a condition is set forth under Section 3 Conditions as recommended by Staff of 25' right -of -way on the West side of the property should be incorporated. He does feel, considering the multitude of the property, this Planned Unit Development is well- thought out and a welcome addition to the community. He voiced concern with the walkway on the western side of the property and the pond. There are school -age children traveling on that pathway; also children living immediately behind the project. He would urge the developer to excercise' caution and provide protection from the pond. Commissioner Schwait asked Mr. Fullerton, developer, what would be his feelings on the 17 homes suggested rather than 19 single family homes. Mr. Fullerton replied this would not be financially feasible and would put a tremendous burden on the development. He would be inclined just to place the 16 house, lined up along Sunset Drive, on that property should the density not be granted. He did note the density follows the Citys zoning ordinance. " . Mayor Porter questioned the density when the zoning ordinance states 16 homes would be permitted; Mr. 'hutch explained the zoning ordinance allows for 4.36 units'' per acre density and the applicant has requested 4.144 dwelling units per acre, Mice -Mayor McCann said her statement with the zoning 'code permitting 16 houses was addressed to that parcel of land if it were not a Planned Unit Develop- ment. The statement of whether this project satisfies the criteria of a Planned Unit Development is very questionable in her mind which states".. houses of different densities and different economic ranges..." Each Commissioner must read the proposal and determine if it qualifies as a Planned Unit Development and it is her opinion that it does not meet the initial purpose of this portion of the ordinance. CCM -13- 11/4/'86 rin` L ' Item #9 (continued Mayor Porter asked if the strip of land next to 65' Avenue which will be dedicated is beina calculated as part of tho lanri ±n arri a+ +kn 1.1 dens; +„ figures. Mr. Mutch said he believes that it is. The density is calculated using the 25' but is based on a gross basis and the designation in the Comprehensive Plan of 4.36 and then, of course, under Section 16 -3 of the Zoning Ordinance where it says RS -3 District ...'4.36 dwelling units per net acre. There's a difference in the interpretation of how 4.144 was concluded. The applicant supplied the information to the City and the City confirmed that information was correct. Mayor Porter noted a similiar project, Davis Gardens, came to the City (1981) and asked for PUD, the City said as long as the density wasn't increased and he Ind would like to:know if both projects were calculated in the same manner under the City's PUD ordinance. Mr. Mutch stated he did not know, he was not here at the time, but the rules should be applied equitably. Mr. Fullerton said his project is exactly the same: private road, net denisty of RS -3 proportions and the difference is the lot sizes on this project are larger than Davis Gardens. Mr. Fullerton reiterated the zoning ordinance permits the 4.36 density, the project is 4.144 and if there is a quarrel with density it= should"be addressed in the zoning ordinance. Vice. -Mayor McCann rrepputed the statement noting this area is zoned RS -3 and 'it is the Commissions' ability and right whether,in their mind, under the guidelines of the zoning ordinance, this qualifies under a Planned Unit Development and a Special Use. Commissioner Schwait asked if the landscaping between the homes and the road would, be extensive so no gap is ,apparent. Mr. Fullerton replied to the back perimeter road stating it would be an op -weave chain link type of fence, green in color and only 4' high. This will allow some visability and air movement and the fence will be landscaped. The road was placed on the far boundary, of the project to allow the houses on that side be placed back some 47' to 50' from the neighbors. Commissioner Schwait objected to a three (3) year period of time for preservation of trees and will move, later in the meeting, to make that period of time ten (10) years. In closing, he has not favored Planned Unit Development, but after much thought, this is in the best interest of South Miami in an effort to protect Sunset Drive in that area. He would support the project with amendments: a ten year limitation on preservation /replacement of trees -and that a 25' area is reserved for right -of -way on the west'side of the property. He would like to know if there is any problem with S.W.'65th Avenue remaining one lane and the City having the right -of -way dedication. Mr. O'Donnell responded a perpetual public easement would be placed across the 25' and included, in that, a maintenance obligation with use forthe publi`c.for pedestrian and bicycle paths and ,a provision the land will be conveyed, without charge, at!any time that -it is required by the government for public right -of -way purposes. Vice- Mayor McCann stated if the City requires the avenue be developed, the City would have to pay so the City would be remiss not to ask for abond or some other provision because if he were doing a standard development, he would have to develop this and provide curbs, gutters, sidewalks etc. This is part of their obligation for development. Commissioner Brown asked Mr. Mutch for clarification under PUD if section C does not already provide for public improvements such as this; Mr. Mutch said Section C. requires the developer place a bond or an irrevocable letter of credit in the amount of 125% of updated improvement costs as' part -of the resolution. To be fair to the developer, he recommended a time limit be place upon the letter of credit. CCM' -14- 11/4/86 rjn Item #9 (continued): Vice -Mayor McCann voiced concern with the time limit, especially when no plans for that road widening are on record this date. She would urge the money that it would cost now for the roadway improvements be placed, by the developer, into a bank account for the City so the widening can be done when needed and /or required. Commissioner Andrews Lantz agreed with many of the other comments ragarding the development of the property maintaining the residential character of the City and maintaining historical building and wall. The project is pleasing, the traffic would occur no matter what was placed on the property and any alternative, i.e. 'homes placed side -by -side would not be as compatible. She would not be in favor of collecting any money now for a street that may never be widened, but the City could impose an impact fee, staff could recommend a time period for the developer's responsibility in :widening the road. Mr. Mutch asked if the project was a standard project would the bond or letter of credit would be required. The requirements should be equitable. A perpetual easement is normally what is requested /required under standard sub - division. He would not be able to set an appropriate time limit on street widening, there are not any plans at this time, but the applicant's traffic engineer may be able to address the question. Mr. Mutch suggested a statement be included into the resolution stating that if the City wanted to widen the road at a future date, assessment will be made on the homeowners association on the' amount of the improve- ment, at that time. Mayor Porter said he would make that:;motion. Commissioner Schwait moved that the PUD resolution state that all trees that are to be maintained on the site have work barriers placed around them and any tree that is destroyed or dies within the first ten (10) years beforeor after the completion of the project shall be replaced on a cal i pher - for- calipher basis (specie-fpr- specie also), with the minimum diameter of replacement tree to be 4 ". Motion seconded by Commissioner Andrews Lantz and passed: Mayor Porter,yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea Mr. Mutch requested the Commission remove sections o. and p. from the resolution (error). Moved by Mayor Porter, second by Commissioner Andrews Lantz and passed unanimously: Mayor Porter, yea; Vice- Mayor,VcCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Commissioner Andrews Lantz requested that, from now on, pages on the individual resolutions and ordinances be numbered Moved by Vice -Mayor McCann that Section q. "... providing -that the land shall be included in the overall calculations for density." by removed from the resolution. Motion died for lack of.a second. Mr. Mutch suggested that Section q. contain:, suggested right -of =way requirements so it is a stipulation in the resolution and part of the covenant addressing the ownership. This Section q would then read as follows: "The applicant further agrees to provide _a public pedestrian easement along with _west 25' of the property and agrees to record covenants as part of said easement which require futured owners of said 25' easement parcel to (1) mainttain said land in perpetuity as a public pedestrian area which shall be included in the overall area calculations of the property for density; and (2) upon a determination by the City Commission that a widening of S.W. 65 Avenue is required, to dedicate and improve said 25'' for public roadway purposes." CCM -15- 11/4/86 rjn t #9" (continued) : Mr. O'Donnell stated the applicant would be willing to provide, to the City, a covenant acceptable to the City Attorney, which would obligate the owners of the property, in the event it is needed for right -of -way purposes, dedicate it for said purposes and also to pay, on a pro- rated basis, the to assessment for making the improvements ... street improvements. This covenant could be running-with-the-land and could transfer with ownership. City Attorney Hamilton said he would prefer this is attached to the land and be recorded, as well. Moved by Mayor Porter, second by Vice -Mayor McCann,_the:preceding be included in'the resolution (please see page 15 for beginning of amendments). Motion passed 4/1: Mayor Porter, yea; Vice- Mayor McCann, yea Commissioner Andrews Lantz, yea; Commissioner Brown, yea; Commissioner Schwait, nay. Mr. Mutch requested the resolution include the historic designation of the Orr House be sought within one (1) month after adoption of the PUD resolution and Special Use Permit. Motion was made by Commissioner Schwai`t and seconded by commissioner Andrews Lantz. Motion passed unanimously: Mayor Porter yea; Vice -Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea, and incorporated into the resolution as Section o.: o "The applicant agrees: (1) to seek historic designation of the principle house of the Orr residence under the Cit and/or /or Metropolitan Dade County regulations for historic preservation; (2) to provide a survey and legal description of the new site for the principle house of the Orr residence requiring that the owner will maintain the exterior of the building in complaince with presently existing regulations of the Metropolitan Dade County historic preservation 'ordinance which covenant would be enforceable for a period of fift 50 Y ( )years; and (4) if a' demolition; permit for the principle house of' the -Orr residence is requested at any time after adoption of this resolution, to provide the City (at the time of said request) with an option to purchase the structure at its then tax - assessed value within thirty (30) days of said request." Vice -Mayor McCann moved that the number of units allowed in the PUD be seventeen (17) rather than nineteen (19.). Mayor Porter seconded the motion for discussion and asked the Planning Director, Mr. Mutch, to restate the density calculations as the permitted amount for that property by the City zoning ordinance. Mr. Mutch stated the Code specifies that 4.36 units per acre arepermitted on the site and the applicant is requesting 4.144 units per acre. This has been reviewed and calculated and all agree that the density of 4.144 is the correct calculation and that it is within the number of units allowed per Section 16 -3 of the Zoning Ordinance. Mayor Porter again asked, for clarification, the density as currently zoned. Mr.. Mutch replied this criteria has been met. The City Code specifies 4.36 dwelling units per acre as the density permitted in the RS -3 district. If the property is subdivided because of the restrictions placed upon that property because of the dimensional characteristics, you can only get 16 dwelling units on it because of the requirements ofthe RS -3 District requirements. If you had the same number of sq. ft. but different dimensions on a different piece of property, you could get 4.36 dwelling units per acre on the same number of sq. ft. and you could accomodate 19 dwelling units on that site. CCM -16- 11/4/86 ran Item #9 (continued): Vice -Mayor McCann explained the twenty -five people signing the petition in opposition to the PUD have requested the same zoning for that development as the surrounding residential area. If the zoning code states you may 'have up to' a specific number of dwelling units, it does not mean that number must be built. It means if you can get that number of units on the property with all other require- ments being met, you may build that amount. Under this provision, the development would contain `16 units. The zoning on this particular RS -3 piece of property does permit 4.36 density, it would be impossible to put this on the property because all the other requirements would not be met with regard to setbacks, etc. In addition, the Commission must decide if this project does meet the stated requirements for a Planned Unit Development per City definition '...houses of a variety of types and densities for persons of all income levels". The Planned Unit Development does not adhere to the setback requirements, roadway requirements, etc. of regular zoning, therein the density is more intense. Motion to change density from 19 to 17 (including Orr House) failed: Mayor Porter, yea ,Vice -Mayor McCann, yea; Commissioner`Andrews Lantz, nay, Commissioner Schwait, nay; Commissioner Brown, nay. (2/3). Vine -Mayor McCann questioned walls and fences as noted in plans. Mr. Fullerton responded the front wall will remain as it is, will be refurbished and cleaned and will remain.the same type and height as part of the historic part of the property. The only modification will be on the east corner of the property, the access point, a curve inward to match the west, corner. The gate will remain the same in looks. The surrounding wall (which is rubble) will remain the same height, but will be cleaned up. The wall dividing the public access easement will be a chain link fence, dark green in color, which will not be more than 5' in height. The fence north and east will be the same also, 51 in .height. Mr. Mutch responded to Vice -Mayor McCann that these requirements are not in the plans at this time. Vice- Mayor McCann moved the requirements pertaining to fences and walls be included, as stated above, in the Planned Development Resolution. Motion passed: Mayor Porter, yea; Vice -Mayor McCann yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea: Vice- Mayor McCann voiced concern the Planned Development does not meet requirements set forth in Section 16 -24 -4 of the zoning ordinance and as it abuts the single family residential zoning it must have open space of at least 50' to serve as separation in the area. Moved -by- Vice -Mayor McCann the street on the east side of the property not be permitted to be located within 20' of the neighboring residential property. Motion seconded by Commissioner Schwait. Mr. Fullerton said-both considerations had been made in the placement of this roadway, and with the road put on the outside makes the homes have some 47' feet between them and the neighboring., residen'ces',"which is preferable to inside road place- ment. Motion failed: Vice - Mayor McCann, yea; Commissioner Schwait, yea; Mayor Porter, nay; Commissioner Andrews Lantz, nay; Commissioner Brown, nay. Motion on Planned Developmemt Resolution; as amended, passed 4/1: Mayor Porter, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait,,yea; Commissioner Brown, yea; Vice - Mayor McCann, nay. CCM -17 11/4/86 rin A RESOLUTION NO. 61 -87 -7051 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE PLAT OF ORR'S POND SUBDIVISION, SAID SUBDIVISION APPROVED BY SPECIAL USE PERMIT RESOLUTION NO. 109 -86 -6079 AND SUBSEQUENT AMENDMENT RESOLUTION NO. 109 -86 -6079 A, ALONG WITH PUBLIC DEDICATIONS, SAID PLAT ON FILE WITH THE CITY CLERK OF THE CITY OF SOUTH MIAMI, FLORIDA. WHEREAS, the Director of the Department of Building, Zoning and Community Development has recommended approval of the Plat of ORR'S POND SUBDIVISION, prepared by Biscayne Engineering Company, Registered Land Surveyors, Plat No. 883, prepared November 25th, 1986, approved January 21st, 1987, the same being a plat of the following described property: The West 1/2 of the SE 1/4 of the SW 1/4 of the SW 1/4 of Section 25, Township 54 South, Range 40 East, Dade County, Florida, LESS the South 50.00 feet of the W 1/2 of the SE 1/4 of the, SW 1/4 of the SW 1/4 of Section 25, Township 54 South, Range 40 East, Dade County, Florida; AND LESS the external area formed by a 25.00 foot radius arc concave to the Northeast tangent to a line is 50.00 feet North of and parallel to the South line of the SW 1/4 of said Section 25 and tangent to a line that is 25.00 feet East of and parallel to the West line of the Southeast 1/4 of the SW 1/4 of the SW 1/4 of said Section 25; AND LESS the North 34.75 feet of the South 84.75 feet of the West 25.00 feet of the SE 1/4 of the SW 1/4 of the SW 1/4 of said Section 25. WHEREAS, the Planning Board, at a meeting on February 24, 1987, approved such plat upon their review; and WHEREAS, pursuant to Section 17 -9, the Mayor and City Commission must authorize acceptance of all areas dedicated to the public on said plat provided the conditions of the above- described section are satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY` COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the plat and all areas shown as dedicated - land for the public on the plat for ORR'S POND SUBDIVISION, as described above, and as the same:ts on file wM the City of South M:amt, Florida, are hereby; accepted by the -Mayor and: City Commi'ssi'on: Z,Z F._- k "br, -'x,w x :- Section 2, That an agreement for the construction and maintenance of the Subdivision Improvements, and any cash performance bond for subdivision improvements, shall be provided by the applicant at the time such dedication is required, are hereby made conditions of this acceptance. PASSED AND ADOPTED this 9th day of June 1987. ATTEST: READ AND APPROVED AS TO FORM: J% CITY TTOR Y APPROVED: ;Mr4 - - , } RESOLUTION NO. 109 -86- 6079 -A A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING PRIOR RESOLUTION NO. 109 -86 -6079 BY AMENDING SECTION l(o) REGARDING . HISTORIC DESIGNATION OF THE -ORR RESIDENCE.; AMENDING SECTION l(t) IN REGARD TO PRESERVATION- OF THE POND AREA; AND AMENDING SECTION 3(j) TO REQUIRE CONNECTION TO THE METROPOLITAN DADE COUNTY SEWER SYSTEM, IN REGARD TO THE PLANNED UNIT DEVELOPMENT KNOWN AS ORR'S POND. WHEREAS, on November 11, 1986, the Mayor and City Commission adopted Special Use Permit Resolution No. 109 -86- 6079 -A regarding a Planned Unit Development known as Orr's Pond; and WHEREAS, since the adoption of the original resolution, the City and the Developer have agreed to several specific amendments to assure the City and the public preservation of the home and pond will occur and proper sanitary sewer connections will be made; and WHEREAS, the Planning Board at its meeting of June 30, 1987, recommended the adoption of these amendments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That in the exercise of quasi- judicial authority,' the Mayor and City Commission make a finding -of -fact supporting this amendment to the original resolution that the amendments and modifications reflected herein accomplish the objectives of providing the public with proper preservation of the home and pond area and furthers providing for necessary and proper sanitary sewage disposal. Section 2 That, Section 1(o) is hereby amended as follows: 1.0 The Applicant agrees: (1)- to seek 'historic designation of the principal house of the Orr residence under the Metropolitan Dade County regulations for historic preservation; (2) to provide a survey and legal description of the new, site for the principal, house_. ot. the. Orr residence as proposed in the development plan within` one (1) month of adoption of: this resolution; (3) to place a covenant running with the band of the new site for the principal house of the Orr residence requiring that the, will maintain the ` exterior of the building in compliance with presently existing, regulations of Metro- follows: l.t ordinance which covenant would be enforceable for a period of fifty (50) years. In the event the residence is denied such designation the residence shall remain in its existing location for a minimum period of fifty (50) years in accord with the standards of the County's historic preservation ordinance. This minim»m narinA chill Ala, he Section 3. That Section l(t), is hereby amended as The Applicant's proposed covenant for perpetual public easement to the drives and open space areas is adequate and gives effective assurances that such common open space and drives shall be open to the public for their enjoyment. These hours shall be those for public enjoyment of City Parks. This proposed covenant shall hold the City harmless against any future expenses or liability. Applicant warrants that the above covenant shall also, provide that the, area as shown on the 2lat approved pursuant to Commission Resolution No. 61- 87- 7051', shall be perpetually maintained as a Pond at the location on the a proved plat, and any change in the covenant-::--h A'I 1 require City approval. Section 4. That Section 3(j) of the original resolution is deleted and the following shall be substituted in its place: 3.j 3.j The Applicant shall install at its sole cost, all facilit es necessary to connect to Dade County's sewer system, and shall meet all requirements and conditions.—. by Dade. County, Department of Water and Sewer and any other County agency. PASSED AND ADOPTED this 21St day of July APPROVED: MAYOR RESOLUTION RESOLUTION NO. 109 -86 -6079 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING THE APPLICATION OF JOHN FULLERTON FOR A CONDITIONAL USE PLANNED UNIT DEVELOPMENT; CONSISTING OF 19 DETACHED SINGLE FAMILY HOMES, AS TO CERTAIN DESCRIBED PROPERTY, LOCATED' AT 6491 SUNSET DRIVE, SOUTH MIAMI, FLORIDA; PROVIDING FOR THE ORIGINAL DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT DOCUMENTS -TO'BE ON FILE WITH THE CITY CLERK OF THE CITY OF SOUTH MIAMI, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI TO SHOW SAID CHANGE WHEREAS, on May 18, 1982, the City Commission adopted Article XVI of the official Zoning Ordinance entitled "Planned Development ", the same being Ordinance No. 18 -82 -1141 of the City of South Miami; and WHEREAS, Fullerton & Associates, Architects /Planners, Inc. (herein the "Applicant "), has submitted an application (with addendum) for Special Use Permit for a planned development- housing (PD -H) in accordance with and under the terms of Article XVI, Sections 16 -20 through 16 -25 -4 of the official Zoning Ordinance of the City of South Miami; and WHEREAS, the Department of Planning, Zoning and Community Development did submit in writing a written recommendation concerning the application, including a review of all material submitted in support of the application and making a recommenda- tion of approval to the Planning Board of the City of South Miami, in that the Planned Unit Development is in accord with the City of South Miami Comprehensive Plan; and WHEREAS, on August 26, 1986 the Planning Board of the City of South Miami did hold an advertised public hearing on the applica- tion for this Planned Unit Development and did find the . applica - tion in accord with the City of South Miami Comprehensive Plan, the design of the Planned Unit Development did meet the required standards for the community and surrounding neighborhood; and WHEREAS, the City Commission has given public notice of hear- ing on the application as required by Sectior. 16- 6- 3(5)(a) of the official Zoning Ordinance of the City of South Miami; and WHEREAS, the City Commission held a public hearing on the 7th day of October, 1986, as required by Section 16 -6 3(5)(b) of the official Zoning Ordinance of the City of South Miami; and WHEREAS, the City Commission has carefully considered the review and recommendations of the Department of Planning, Zoning and Community Development and the Planning Board and has consid- ered and weighed all competent evidence presented; and WHEREAS, all procedural requirements of this ordinance and regulations of the City of South Miami have been met; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Findings of Fact. That the City Commission, sit- ting in its quasi - judicial capacity, having held 'a public hearing with notice as required by law, and having considered and weighed all competent evidence and having heard all persons as required by law, and particularly Article XVI of the official Zoning Ordinance of South Miami (hereinafter "Zoning Ordinance "), makes the following written findings of fact based upon the greater weight of competent evidence in that the context of the general and specific standards and specific standards and other require- ments set out in Article XVI, Planned Development Regulations of the Zoning Ordinance; a. The foregoing recitation, - commonly referred to as the "Whereas" clauses,; are incorporated herein and adopted and are deemed to be true and correct. b. Application No. 86 -05 (with addendum), submitted by the applicant, is one for a'Special Use Permit for`construc- tion.of a Planned Development - Housing (PD -H) development set out generally in'Article XVI of the Zoning Ordinance and particularly Sections 16 -20 through 16 -25 -4. C. The property covered by said Application No. 86 -05 is legally described as follows: West h of Southeast 4 of Southwest !t of Southwest h, less the South 50 feet- of Section 25, Township 54 South, Range 40 East, Dade County, Florida. 2 3 d. The Application (with addendum) conforms to the require- ments of Article XVI of the Zoning Ordinance, and particularly, though not limited thereby, to the requirements of Section 16 -6 -2 of the Zoning Ordinance, entitled "Applications; Materials to be Submitted ". e. The Application (with addendum) meets the definitional requirements for "Planned Development" generally, as set out in Section 16 -2 -1 of the Zoning Ordinance, as more fully set forth in the Report of the Department of Planning and Zoning of the City of South Miami (hereinafter "Department "). f. The land area under the Applicant's unified control ex- ceeds; the minimum requirement for PD -H development as required by Section 16 -23 of the Zoning Ordinance as more fully set forth in the Director's Report. g. The proposed project and addendum are consistent with the South Miami Comprehensive Plan (adopted by the City Commission June 3, 1981), as required by Sections 16 -1, ' paragraph l and 16 -21 of the Zoning Ordinance, as more fully set forth in the Department's Report. h. The existing zoning of the property on which the Planned Unit Development is proposed to be constructed is "RS -3, Low- Density - Single - Family Residential District. The density permitted in the "RS -3" district is 4.356 dwell- ing units per acre. The density: requested for this Planned Unit Development is 4.144 dwelling units per acre. - i. Under Section 16 -3 of the Zoning Ordinance, the Planned Development Regulations of the City 'of South Miami (Article XVI) are declared to govern where there are conflicts between such Planned Development Regulations and general City zoning, subdivisions or other regula- tions and requirements, and the project with addendum as proposed serves i public purpose.. to. a: degree at:- 'least equivalent to general City zoning subdivision or other regulations. 3 j. The provision of necessary public utilities, facilities, and services (sanitary sewers, water lines, storm and surface water drainage, other public utilities systems and installations, streets, and other public transit, parks and the pond) will not result in higher net public costs that would be the case if the property on which the proposed project and addendum is to be erected were to be developed as permitted under the presently exist- ing zoning. k. The site is physically suitable for the proposed development with addendum (Section 16 -4 -3, paragraph, 1, of the Zoning Ordinance) as more fully set forth in the Department's Report. 1. The siting of houses provides necessary protection against adverse relationships to properties in areas surrounding the proposed project,. Arrangements have been made, to the maximum extent reasonably feasible, to eliminate or minimize such adverse impacts, and the pro- ject with addendum will be compatible and harmonious with other residential development in the area and the heights proposed in various portions of the project will not unduly and adversely affect surrounding areas and uses - (Sections 16 -24 -6 of the Zoning Ordinance), as more fully set forth in the Director's Report. M. Ingress and Egress to the proposed Planned Development with addendum is adequate. This fact has been deter- mined and measured -by standard and acceptable expert traffic engineering projections, standards and methads in relation to: (1) the safety and convenience of vehi- cles entering and leaving the site; (2) the safety and convenience of pedestrian movement in relation to vehic- ular and pedestrian traffic; (3) safe access of resi dents and visitors to, from and within the site;= (4) safe access to, frow-,"and within the site in the event of fire, crime, or other emergency or catastrophe; (5) safe traffic flow and control generally; (6) an ap- 4 propriate relationship of automotive vehicular traffic flow to rapid rail transit and other forms of mass transportation; (7) that generally, the safety and con- venience of 'automotive traffic is maximized and the potential automotive - automotive conflicts and automotivepedestrian conflicts are minimized as more fully set forth in the Director's Report. n. The Applicant's proposals for signs and lighting of the proposed project with addendum, are determined to meet the requirements of Section 16 -24 -7 of the Zoning Ordinance. o. The Applicant agrees :(1) to seek historic designation of the principle house of the Orr residence under the City and /or Metropolitan Dade County regulations for historic preservation; (2) to provide a survey and legal descrip- tion of the new site for the principle house of the Orr residence as proposed in the development plan within one (1) month of adoption of this resolution; (3) to place a covenant running with the land of the new site for the principle house of the Orr residence requiring that the owner will maintain the exterior of the building in com- pliance with presently existing regulations of the Metropolitan Dade County historic preservation ordinance which covenant would be enforceable for a period, of fifty. (50) years; and (4) if a demolition permit for the principle house of the Orr .residence is requested at any time after adoption of this resolution, to provide the City (at the time of said `request) with an option to purchase the structure at its then tax- assessed value within thirty (30) days of said request. p. The Applicant further agrees (l) to maintain all ex- isting trees on the site and provide work barriers around same during_ construction; and (2) to replace on a caliper inch, :. for caliper, inch basis (with a minimum. di- ameter for replacement tree to be 4 inches) and species for species replacement all trees shown to be preserved 5 on the site i f an such._ _.... _Y y tree is destroyed or dies within the first ten (10) ( ) years after or before completion of _...__ the project. q. The Applicant further agrees to provide a public pedes- trian easement along with west 25 feet of the property and agrees to record covenants as part of said easement which require future owners of said 2S -feet easement parcel (1) to maintain said land in perpetuity as a pu- blic pedestrian area which shall be included in the overall area calculations of the property for density; and (2) upon a determination by the City Commission that a widening of S.W. 6S Avenue is required, to dedicate and improve said 25feet area for public roadway Purposes. r. The internal arrangements provided by the applicant for streets, drives, parking areas meet the standards of accessibility, security, convenience and safety of Section 16 -25 -1 of the Zoning Ordinance. • S. The Applicant has met the intent of the Planned Development regulations generally (Section 16 -1 of the Zoning Ordinance) and the specific intent of the PD -H District (Section 16 -20 of the Zoning Ordinance). t• The Applicant's -- proposed covenant for perpetual public easement to the drives and _open space areas is adequate and gives effective assurances that such common open space and drives shall be open to the public for their enjoyment. This proposed covenant shall hold the City harmless against any future-expenses or liability. Section 2. Approval of Special Use Permit for Planned Development. The City Commission hereby approves the - grant of a Special Use Permit for Application No. 86-05 with addendum to authorize the construction of a Planned Development - Housing (PD -H) development, subject to the conditions and safeguards t, et out hereinafter in Section Three (3) of this Resolution. This, decision is supported by the findings of fact Of Section One (1) of this Resolution, which demonstrate that the greater weight of 6' competent evidence establishes that the application meets the standards and requirements, general and specific, of Article XVI of the Zoning Ordinance. Section 3. Conditions and Safeguards. In its exercise of quasi- judicial authority, the City Commission is authorized by Section 16- 6- 3(5)(c, d, e, and f) of the Zoning Ordinance to at- tach conditions and safeguards to a grant of Special Use Permit for a planned development. The following conditions and safe - guards are hereby attached to and are made a part of the approval of Application No. 86 -05 together with addendum for a Special Use Permit for construction of a PD -H development. Therefor: a. The applicant shall correct and revise the application with addendum for PD -H ,Special Use Permit to reflect all site plan, recommended roadway, or other modifications approved as part of this Special Use Permit for Planned Development and shall consolidate all original and sup - plemental information submitted into the revised PLC -H application, and shall submit the documents to the City of South Miami. b. The revised application and all maps, plans, documents, covenants, agreements, stipulations, conditions and safeguards constituting the development plan with adden- dum as approved shall be marked and identified by the City Manager and shall be placed -on -file, as required by Section 16- 6- 3(5)(9) of the Zoning Ordinance in teh Office of the City Clerk. These materials shall consti- tute the regulations for the developmente approved as Application No. 86 -05 (with addendum). Where there are conflicts between the application as submitted_ and revised, and these -conditions and safeguards shall govern. Likewise, the Application for Development Approval and the revised Application No. 86 -05 (with addendum) for PD -H Special Use Permit are incorporated herein by reference. Substantial compliance with the representations contained in the PD -H application is a 7 -, condition for approval unless waived or modified by agreement among the parties. C. Where public improvements are to be provided at the Applicant's expense, improvements required; must be com- pleted and a certificate of satisfactory construction of such improvements must be issued by the appropriate gov- ernmental agency (ies) before any Certificate of Occupancy is issued on any residence. To further insure that public improvements are constructed, the Applicant shall secure a construction bond prior to the issuance of a building permit. Such bond or bonds (or irrevoca- ble letter of credit) shall be in the amount of 125% one hundred twenty -five percent of the up -to -date estimated dollar cost for the public improvement or improvements. Required bonds (or irrevocable letter of credit) shall be executed in the manner normally required by the City in such matter. d. The Applicant shall obtain any required permits from the South Florida Water Management District prior to the project construction for stormwater management and /or' pond maintenance. e. The Applicant shall, at no expense to the City, extend water mains to the site sufficient to provide an ade- quate supply of potable water and ensure sufficient pressure, flow capacity, and frequency of fire hydrant locations for fire protection. _= f. The Applicant shall design: and construct the landscaping plan for the project so as to minimize water- usage and avoid species which have or may have potentially noxious characteristics. g. Prior to the issuance of the building permits forthe first phase of construction, the Applicant shall record any and all Covenants required by this Re so lut;on.. Further, the Applicant-=and the- successors, heirs.,. 'aid assigns of the Applicant, shall comply at all times with the provisions of any and all Covenants submitted and recorded by the Applicant. h. The City Manager, is designated as the City official to monitor compliance with all provisions of the approved Special Use Permit and Development Order as required by Article XVI of the Zoning Ordinance and State Law. The Applicant will assist in and facilitate the monitoring responsibilities of the City Manager. The Applicant shall designate a person as a monitor contact for the City Manager in the context of Section 16 -7 -3 of the Zoning Ordinance, the Applicant's monitor contact shall be responsible for promptly notifying the City Manager of any proposed minor changes in the development plans (with addendum) as approved by the grant of Special Use Permit. i. The Special Use Permit shall be null and void if the following activities are not completed within two (2) years from the passage date of this resolution; obtain- ing building permits for at least five dwelling units; bonding and commencing construction of the extension of water and sewer lines and all other infrastructure to service the site. j. The Applicant shall install: at its sole cost all to the City's sewer; system. k. The Applicant shall comply with any and all other safe'- guards and conditions set forth in Section 16 -20 through 16 -25 -4 of Article XVI of the Official Zoning Ordinance'. 1. In addition to the foregoing considerations, the appli- cant agrees to fully perform all of the terms, covenants and conditions of the attached agreement and no certifi- cate of occupancy shall be issued for any completed residence or other work if there is any default by the applicant of said agreement at the time the request or requests for such certificate of °occupancy or at any other time. section 4. Official Zoni —' n-9—M-a- 2. Within not less than ten (10) working days of the Passage Of this Resolution, action shall be taken to make the appropriate notations on the Official Zoning Map of the City Of South Miami as required by Section 16-5-3. Section 5. Vote. This Resolution has been adopted by a vote of not less than four (4) members of the City Commission as required by Section 16-6-3(5)(c) Of the Zoning Ordinance. Section 6. Effective Date, This Resolution shall take ef- fect immediately upon its adoption. PASSED AND ADOPTED this -111JL day of November 1986. APPROVED: READ AND APPROVED AS TO FORM: 6 KT—TORNEY- 43685&:138 11/18/86-2 C F (,­y Clerk in 'III I I-or 'Lli V F I o; S t 1 0 -.n 2 T ^n correct S�'Zj of So?!"I F M!, F lor i thi-� i7 A. D., 10 2 L Clerk Y Y r 'r)"(