02-12-92OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
SPECIAL CITY COMMISSION MEETING
February 12, 1992
8:00 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
ORDINANCES SECOND READING AND PUBLIC HEARING:
None
RESOLUTIONS: g_ j — 9 I to
1. A Resolution of the City of South Miami, Florida, canvassing
the election returns of the Regular and Special City Election
r 1 d on February .11, _1992, for the purpose of electing a Mayor,
mmissioners from Groups I and II and a vote whether or not to
reaffirm the City Charter and a vote on two Bond Propositions (if
neither of those propositions is approved, the City intends to
pay the total cost of constructing the new Public 'Works facility
from the City's Revolving Trust Fund and declaring the results of
aforementioned Regular and Special City Election.
� _qq __ qt 'A. (1 (Mayor and Commission) 3/5
2. A Resolution of the City of South Miami, Florida, appointing
4-0 Thomas Todd Cooper as Vice -Mayor to serve in such capacity
until February 8, 1994.
(Mayor and Commission) 3/5
ORDINANCES FIRST READING:
None
Installation of Officers by the Honorable Robert Floyd.
Mayor: Cathy McCann
Commissioner: Ann B. Bass
Group I
Commissioner: Thomas Todd Cooper
Group II
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, CANVASSING THE
ELECTION RETURNS OF THE REGULAR AND SPECIAL CITY ELECTION HELD ON
FEBRUARY 11, 1992, FOR THE PURPOSE OF ELECTING A MAYOR,
COMMISSIONERS FROM GROUPS I AyD 11 AND A VOTE WHETHER OR NOT TO
REAFFIRM THE CITY CHARTER AND A VOTE ON TWO BOND PROPOSITIONS (IF
NEITHER OF THOSE PROPOSITIONS IS APPROVED, THE CITY INTENDS TO
PAY THE TOTAL COST OF CONSTRUCTING THE NEW PUBLIC WORKS FACILITY
FROM THE CI T'Y'S REVOLVING TRUST FUND AND DECLARING THE RESULTS OF
AFOREMENTIONED REGULAR AND SPECIAL CITY ELECTION .
WHEREAS, the City Commission, sitting as a Canvassing Board,
has examined the election results of the regular and special
election of the City of South Miami, Florida, held February 11,
1992, as certified by the Supervisor of Elections and declares
the said election results to be proper and correct and, having
counted and recorded the absentee :ballots in the manner provided
by law; and
WHEREAS, the total votes cast in said election for each
candidate is as follows:
MAYOR
Cathy McCann (incumbent) unopposed
COMMISSION, GROUP I Votes:
Ann Bass 287
Christopher Cooke— Yarborough
John Lefley 264
COMMISSIONER, GROUP II
Thomas Todd Cooper (incumbent) unopposed
and,
WHEREAS, the Mayor has been elected for a two (2) year term
expiring on February 8th, 1994, and
WHEREAS, h and Thomas Todd Cooper have been
elected to serve as Commissioners from Group I and Group II,
respectively, for a term of four (4) years, expiring February
13, 1996; and
WHEREAS, the vote on the reaffirmation of the Charter is as
follows:
and,
Shall the present Charter of the City
of South Miami be _reaffirmed'?
Yes 570
N o —I
WHEREAS, the vote on the bond propositions I and II are as
follows (If neither of those propositions is approved, the City
intends to pay the total cost of constructing the new public
works facility from the City's Resolving Trust Fund):
ALTERNATIVE BOND PROPOSITION I
Shall the City of South Miami issue its general obligation bonds
pledging the City' full faith and credit, having a term of more
than 12 months and not exceeding ,'15 years in a principal amount
not to exceed $800,00,0 at an interest rate not to exceed 8% to
pay the cost of constructing a new public works facility required
to correct health, safety and code violations at the, present
facility? For bonds 372
Against bonds'
ALTERNATIVE BOND PRUPOSITIUN II
In the alternative, shall the City issue its general obligation
bonds pledging the City's full faith and credit having a term of
more than 12 months and not exceeding 15 years in a principal
amount not to exceed $400,000 at an interest rate not to exceed
8% to pay a portion of the cost of constructing the public works
facility and paying for the balance of the cost from the City's
Revolving Trust Fund? For bonds 233
Against bonds 249
PASSED AND ADOPTED this 12th day of February, 1992.
APPROVED:
ATTEST:
MAYO R
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING THOMAS TODD COOPER, AS VICE -MAYOR TO
SERVE IN SUCH CAPACITY UNTIL FEBRUARY 8, 1994.
WHEREAS, at the general election on February 11, 1992,
Thomas Todd Cooper, was unopposed as a candidate for Group II,
City Commission; and
WHEREAS, by being unopposed, it is determined that
Commissioner Cooper received the highest number of votes.
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Thomas Todd Cooper, be and is hereby
appointed as Vice -Mayor of the City of South Miami, Florida, to
serve in such capacity until February 8, 1994.
PASSED AND ADOPTED this 12th day of February, 1992.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
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:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED:
1
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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 lease
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 tinder 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 following new
sub section 21:
5
(21) TEMPORARY OFF -SITE BARKING
Off -site parking held under a lease term of at least
one year may be utilized under the following special
conditions:
(a) The use must be for a minimum remaining lease
term of one year and must be initially approved by the
City Commission as being within the health, satety, and
public interest.
(b) One utilizing temporary off -site parking under
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 anew lease 6r 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 5 1992.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
&000
APPROVED:
MAYOR
z
PB- 91 -031 1
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,
SECTION 20 -3.4 (B),(21) FLORIDA, AND CREATING A NEW
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 There Present _wishing to
Public Hearing was deemed closed. Staff larif 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) accoaodating some type of
(2) allowing outdoor cafes without an Periodic review;
y parking requirements,. and
(3) implementing a short term lease situation for outdoor dining
activities only. Of the three, Ms.
suggestion as the more direct option. Thcrner 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 judgement
call whether or-not clear access to is
more desirable than the ambiance of Outdoor tcafes r Theroe are yboth
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 seatin g to a
of the total indoor seating which will balance the percentage
parking.
Mr. Parr made a motion to recd
presented. mmend 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 Presented, with
applicable for outdoor dining acilities thaking- is only
g comprise 10* of the
seating capacity of a restauran.
30% be substituted for t
the 10$ SeGOnded by Mr. asked that the figure
amended the motion, "to eliminate'Sec. 2 -21(B) substituting Mr.
Swarthoutis recommendation in the „last paragraph r'
Mr. Gutierrez and Mr. Parr withdrew the motions and secondletter” .
Mr. Gutierrez moved to approve PB -91 -031 with the follow
c4anges; removing part B of Section 2 ing
specifically the requirement of r , Sub - section 21, more
the City Commission 0:' n a being required to appear before
special use and also by adding to thee resolution ution that this of the
Parking would only be allowed for outdoor dining facilities o of
special use basis. Seconded by Ms.'Z'horner. on a
Vote: Approved: 7
Opposed: 0
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From: MOW K. Swerthout. Incorporeten 1 507 392 6358 Ouemq: Stanoero
ROBERT K SWARTHOUT. INCORPORATED utt n/an2:7c�carssrlltarts
400 Soto* -'Z Dme Highiray. Suite 121
Boca Rator Florida 33432 -6023
(407392 -5800
(305)46-t-5800
PRELINIIN RY DRAFT
October 1. 1991
_Ms. Sonia Lama. Planning and Zoning Director
Citv of South Miami
61jOSunsetDrive
South Miami. Florida 33143
Dear Ms. Lama
«'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 per stand to the Planning Board
concerns as expressed in the minutes.
I. ?haP1VP0s VVTd%WJ7C0
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 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 regtrirements
for parking spaces.
3
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From: Robert K. Swarthdut. Incorporate0 W�� �,r '
1 407 392 6358 Ought Standard
Ms. Sonia Lama. Planning and Zoning Director
CitN- 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 what
we believe the minutes indicate.
Mr. Gutierrez asked if the year -to -year provision could apply to
indoor facilities as well as outdoor facilities.
Air. 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.
Mr. Gutierrez suggested changing the code to allot 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 Mcomplies 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.
6 to 0 vote asked for my opinion on this matter.
.3. Relev.9atpOT&OR »A6e Aordkwce
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
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From: Rotten K1
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1 407.392 63,
Ouantu:Stanaera
_Ms. Sonia Lama. Planning and Zoning Director
Citr of South 1Iiami
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. �Z-e are unsure exactly hoc these exceptions work
hP.C,�lISP. «'P. fnd thp. ianguagp obsrurp.. but it flops Apppar that lIT1CIP.r
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 year lease. If
secured by a twenty rear lease. then the right to occupy- the 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 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 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. Wi 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 ant• a%-
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lo: ioutn moam,
From: Robert K. Swarthout Inrorp
U)tu. UL i - 1 Nb 1 1 U:-1u nm
1 407 392 6
Ms. Sonia Lama. Planning and Zoning Director
City- of South 1Iiami
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.
Ms. 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.
4 j!nus"&prOPO5VOV nanceand
__ IisRe% VantPortionsnt ?hehxistingOrdWJVCV
The proposed ordinance creates a special
subsection 21. but it fails to provide a standards (otherlthan the
general health. safet`, 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. Ja. . 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 a
This is true even when the Commission itself administers r the ordinance.
' the
ray.
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o: }UUM Miami wru. UL -. i yy i i u.- i Ma' r a4r I u,
From: Hobert K. Swartnout. Incorporated 1 407 392 6358 Quahtu: Standara
t )
I. Sonia Lama. Planning and Zoning Director
Ut`- of South 1liami
October 1.1991
Page d
ordinance. as is the case when it grants, approval for a specific use
under the special land use provisions of the code. Il"e iecommwc1
that the pfOPoSed ordinance be tezhi,ified to ptnhide adequate
standalr/s
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. jfe
imommend that the pnopo and otzikance be trdrafted to male
outdoor dining- with off-stte .sfiotf team /eased pai,4in,; ' the use
which is subject to spetral /anti trse l -eview gather than m.?Juny the
,cxar/;ingper se subject to special 1.4,7d use ,e view,
:�s 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
.twommend that the et &O7g ot&7wce be cl idled so that the
conirrsinglattffluage in szihsw*ort X-44 (2) (a) is eliminated
lathet- than be mg a tended to the 7ewlt °ptoposedpi- owsions
A
lso 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. [Ve mwn7mend that sr lion M -44(F) (2) (Obe
tevised to moil c eaHv amtictilate itsJntent afaout fee limp /e and Z)-
1. ear leasad 0)91-site pdlt67y.
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). Thisshouldbemw&edbk-amendingthe
adm v,ktradve practice or amending the iaAYhzanc�
r%--90M with ffA Lama s opuvon that this qu8on does not involve
a hait*htp and th&vkry is not a vaimniv quesbdn, 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 Ray to make reasonable use of a property, but under the
s
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i0: !JOLLttl Miami Weil. u(. -1 [, IYYI tu.�t MM royt: O. u�
From: flobert K. Swartnout. lncornorateo 1 407 392 6358 oualaq. 5tandara
Ms. Sonia Lama. Planning and Zoning Director
City 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.
AT G111ie17W is correct• the 1.9n47z.9,$e of'the purnposed amendment
irocild make indoor as acre /Ias outdcaor facilities szrbject to, reaJ -bt - -rear
rev* if'thav pile dependent on paji-h7y that is.? vailable only 017,2
tit -bT• t&ar bjm� This would be avoided if as recommen8ed in Part
4 of this letter. we make "outdoor dining with off -site short term
leased parkin;' the use which is subject to special land use review,
rather than making the parking p &• smubject to special land use
review.
In theoj,- , it is l� ?sonahle that an r facilities whether indoor or.
outdoor: be sup iect to. vear -to -t eai•.ieviaw so lonyas the applicant is
fiilll, informed that he is at risk- of lossinyhis investment the loses
hisshort term pan ngrleaw 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.
Tllhile the above approach is theofeticaffy acceptable. it piwwts a
practicalproblem which the Ot. ;*ma trnot wish to accept and pmhWf-
wotddhe 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
to: t1OUin Miami weo. tic L. 1991 1u:ti3 MM ro4. . ... .
From: Robert K. Swarthout. tncoroorated 1 307 392 6358 ouahtg: Stanoaro
a z
lls. Sonia Lama. Planning and Zoning Director
City of South Xhami
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.
3I: Cutierleas suk estion that the pali{ing be maic ed to omvicle
outdoor lestaulant facihtles is worth conside jJ7 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.
:x.11 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 police 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.
From the minutes we believe that.Afr Lefler- said that it is common
practice for approvals to be null and voidif the condiboas to which
the appmvals ale subject ale violater!.• this isso m all of our
arperjence.
rfe complet% • agree with 10, Emahalf that no ptnp tp, ormer
should be at the whim and wishes ° of the Cotnrnmi2a 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 l .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:
s q
or
ia: Sautn Miami
From: Robert K. 5
out. 1
ea
wea. UC1 1. 1 991 I U:44 RM
1 407 392 63
Ms. Sonia Lama. Planning and Zoning Director
Cite of South 1iiami
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 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 they 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 .RW0MM wdaa0Y7S
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 originallv 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
pasties have reviewed and infoiried us of any relevant facts which
we may have overlooked.
Very truly yours.
ROBERT K. SWARTHOUT. INCORPORATED
rage a U, ,
Lo
PB- 91 -031
Applicant: City of South Miami
Request: An Ordinance of the City of South Miami,
Florida, amending Section 20 -4.4 o'f 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 re
lease. This re Y qurement is a 20 year
quest - 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 b een
conducting and re- approve or not based upon the results of that
review. Mr. Gutierrez stated that he understands this when s
situation such as that which JVs Bar and Grill is ro osin
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 ossibl
happen. No reference is made to in -door or out -door activit y
The Chair opened the Public Hearing. There bein Y
to speak either for or against this re g one present
closed and Executive Session opened. quest, the Publi c Hearing was
Mr. Parr suggested modifying t
as stated above. Mr. Gutie
accommodate the present owners:
may be viewed as "Overkill". p. e
or the Board may have a better
requiring a variance applicatio
`
Ms. Lama; explained that a varia
that approval of a variance is
land" which would make any
impossible. Therefore, a vari
problem. Mr. Gutierrez suggest`
requirements could be waived
encourage that type of act
Comprehensive Plan.
PB Minutes
O
he wording to avoid the possibility
rrez, stated that, in an attempt to
Of JJ's Bar and Grill, this request
rhaps Planning Consultant Swarthout
idea. Mr parr said that, perhaps
n each time would be more sensible.
nce for use is not allowed and also,
based on "hardship running with the
request such as this virtually
ance would not resolve this specific
ed changing the Code so that parking
for outdoor cafes in order to
ivity 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-e-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
Commission annually and be
parking.
Vote:
Motion failed.
Approved: 3
an applicant having to come before the
at their "whim and wishes" regarding
Opposed: 3
SEisenhart)
(Thorner)
(Gutierrez)
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 Mre
swarthout can give a written opinion on the matter. Seconded. - - -by
Ms. Thorner.
Vote: Approved: s
Ir
Opposed: o
0,
A' ' .1
f: at Y
#5 ORDINANCE NO. t R�
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/O: Mayor McCann, yea; Vice- Mayor Carver,
yea; Commissioner Launcelott,` yea; Commissioner Banks, yea;
Commissioner Cooper, yea.
_.n: P
I 4
DRAFT
a14 0R: ANCE VU.
AN ORDINANCE AMENDING SECTION 20 -4.4 of THE LAND
DEVELOPMENT Cf)DE 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.
'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 heafinR 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 minimun, 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.
�., �.
AuQUSt 13. 1991
HAND DELIVERED
City Commission
THE WHOLS THE CITY OF SOUTH MIAMI
PARTNERSHIP_ 6130 Sunset Dave
ARCHrIB LM/FiLAMM 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 JF s AMERICAN
DINER in South Miami, has purchased the lease and is currentiv in the process
of renovating the old "Bella Luna" restaurant located at 5859 S.W- . 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 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
- parkin¢ 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
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 -our 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 diationally across the street from our
restaurant. We consider this front landscaped patio as having "temporary outdoor
seating ". which does not affect our ongoing interior restaurant/lounge 'operation.
�� o b n `F �Suite 300 Because of its temporary nature. we respectfully request that we be allowed to put
eimwmei305)443s206 these umbrella tables and chairs on this patio and provide the one year lease for
FAX (305) 44&2372 the required parking, which would be renewed annually. We would simultaneously
)5
THE NIECRSH
PARTNERSPY
HI
Soo
CITY OF SOUTH MIAMI
August 13. 1991
Page 2
request that this approval by the City be subject to the City's Annual Review and
Re- approval each year, which would be based on our providing the renewed parking
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 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 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:
TJ09 �ol —
Vice President
JJ's BAR & GRILL MANAGEMENT, INC.
JRN/iss
Enclosure: Site Plan
lb
{ 1.
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 ORRIS POND, 6497 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, 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
WHEREAS, the City ham 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 Orr's 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 Orr's Pond which required the
retention of a certain coral rock wail in tract "C' thereof be,
and herfhy, is removed.
6 - I
r
PASSED AND ADOPTED this
day of January, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
6
Resolution
l) 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'
F
13 r�9�
OFFICE
TO:
City of South Mint
INTER— OFFICE MEMORANDUM
Mayor & City Commissi
DATE:.
Januar 1
y U1 1992
r
FROM• �/ �
a p
pton
City Mana SUBJECT; Orr's
Pond Stone Fence
The following g attachments regarding the
Pond request to remove the wall Orr'
are.. for your review. on the s Pond Homeowners
west side of Orr's
- November 26 1991
Commission , to Ana Henrique'z,. sent
in the November 29, 1991 Cit
to the City
City Commission y Manager's packet.
discussions minutes from November
Commission). between Orr -s Pond 4, 1986 (includes
Developer and City
Resolution number 61 -87 -7051 dated June 9, 1987.
Resolution number 109- 86 -6079A dated July y 21� 1987.
number 109 -86 -6079
The Resolution which dated November 11, 1986.
the Orr -s Pond Homeowif pproved by the Commission
was listed as item Association 1 would- permit
13 on your January demolish the west wall,
deferred.
y 7, 1992 agenda and was
WFH :er
c' Orr's Pond Homeowners Association
B & Z Director
i
City of SOU •
X130 Sunset m M�atlll
t Drive. Scurh Ivtiam:_ ` oriaa J31 J
663 -6338
CITY MA\ A
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
November In response
1� 1991 and to Your written
Director, regardia addressed request dated
George g removal to the Building
- ge E. Orr Estate. of the original west wall and Zoning
Background: wall of the
109 -86 -6079 The following `
(November g was obtained b
87 -7051 (June 11' 1986), 109- y reviewing Resolutions
November 4, 19869' 1'987) and 06 -6079A (July 2I
Planned 0 ''Commission the official 1987) 61-
nit Develo Public minutes of the
Pment Ordinance, Hearing oa the Orr's Pond
The Developer wanted
dedication of to construct
Ave.) the west 25 gt nineteen
as required for units but if the
occurred onl by Dade right-of-way
accommodate y 16 units County Subdivision (on SW 65
the Developer and be constructed. Regula icns
waived the street and In
to obtain the right -of -w8 Permit nineteen order to
Gity`a waiver of dedication uaita, the City
property) rr requirement. In order
Y) right -of -wa Tract C
Developer's
agreement dedication, the the west 25 ft. of the
Sreement to the following;
City required the
1•' Provide public
west 25 ft. access to the
Of property (Tract pedestrian easement along
r,C-,.)
"City of Pleasant Living
} Y
2. Record covenants as part of said easement to require
future owners of said 25 ft. easement to maintain saic
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 stonewall) 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 vest 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 Romeovners 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
e
MINUTES OF THE REGULAR CITY COMMISSION
MEETING
NOVEMBER 4TH, 1986
The meeting was called to order at 7:35
attendance were:
by Mayor Porter. Those in
Mayor Porter
Vice- Mayor McCann
Commissioner Andrews Lantz
Commissioner Schwait
Commissioner Brown
Also in attendance were:
Director Taylor, acting Police CAiting City Manager Turner
Official Kirk, Recreation Director actin
Assistant Public Works Director Swift, ,nPu Public Planning 9 Finance
Cowen, Public Works t1 rectorMMcGui re, acting
Building
City Clerk Nayman. t. Associate City Attorne acting
y Hamilton and
Following the Invocation and Pledge o
United States of America, the following Allegiance to the Fla
Moved b win9 items were considered b 9 °f the
October o 21st, y Vice -Mayor McCann Y the Commission:
1986, regular City 'Second by Mayor Porter, of
passed unanimously: Mar Porter, g be a the minutes .
Andrews Lantz meeting approved as
yea; CO, Cmmissi:oner�SchwaitICe -Mayor McCann read• Motion
Yea; CommissionereBrown , yea. Commissioner
Moved by Vice-Mayor Yeai
September 30th, 1986, Special y McCann, second b
read. Vice -Mayor McCannnotedCtt Y Mayor Porter
Y Commission meeting 'the minutes of
around and moved these be 9 be approved minutes a individually
he pages in the mnutes�ma
Mayor Porter and collated in the Proper y have been switched
Commissioner AndrewssLant2animousl p Per order. Motion was seconded by
Yea. Motion on minutes;az, yea; Mayor Porter, yed�
yea; Commissioner Schwait Vine -Ma or
yea; Commissioner Andrews Lantz, passed: Y McCann, yea;
yea; Commissioner Brown,
Commissioner Brown' Mayor Porter lt, Vice -Mayor McCann,
,yea ' yea�'Commissioner Schwait
CITY MANAGER'S REPORT: Yea,
Acting City Mana9er Turner stated he
Priority update of issefs he had br would like to
1) ought to them on us 0 the Commission a
Current health and dental Previous occasions..
for bidding process bean Plan coverage
recommendations, 9 set b 9 will continue with'specifications
Y Administration so the new City Manager 2) Collective bargaining
With AFSCME. He would like Commission 9 can make
g in Progressing with a
negotiations. A tentative agreement reached
the Cit ' meeting was scheduledpw thcthetion with suggestions
City ,s labor attorney, and the Actin Cat tto for PBA
November 10th beginning alto g alter on, Attorney
at 7:00 P.M, Y Manager to Monday,Y'Jim Crosland,
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 g
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.
1) 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 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 g City Manager Turner re
g ng Cif the Cit Ported Metro -Dade Count
regi- stration. y Commission Y had contacted
March Ind This will .take Chambers for Homestead him
' 1987, and the Count
from January xemption
Thursday, and Friday. Y will need Y 2nd, 1987, through
Chamber y• Commissioner Schwaithvoced Objection Monda
on Tuesday unless a Y, Tuesday,
hearings is located. suitable location for Jection to using
be relocated. Gommsszon voiced no Environmental Review tBoard
Of use Acting City Manager other objection if
will be 9 stated accomodations will be mad.
modified. the Board can
12) Curtain International Pictures or the days
on Thursday November tures has re
Commission voiced no objection 1a� quested use of the Co
obtained, a filming of "One Minute to Midnight".
holiday, Acting City Manager 9 as fees were
9 will verify id and insurance was
,Y this date they specified as it is a
13) With regard to evaluations and
acting City Manager reported some fi analysis
no initial cost to the Cif Y of different de
save the firms have come forward to fifer n ry the
price of e, If the firm does an analysis and the Cervices at
their fee, there would not be any charge City does not
.those in �
Vice-Mayor noted man 9e at all.
firm do th-Ma og positions and n o the departments a
,lob. She would like to may be More beneficial ohave Presently run by
Manager has been selected, have a
implemented after the new City
Commissioner Andrews
as long as there was drews cost
an zth City.
stated she would
o h agree to this professional audit
transition to the new o She would urge this be, done now and
orMayor Cit 9 smoothly there would be d the
then if every department is running
agreed as long Y Manager and would that a Smoother
g as there is give person something no cost . to the City, 9 to build
Vice -Mayor McCann stated the
and would like to know City is in
the deliver the time frame for ordeviny dire need of new
Y would be about ninet 9• Acting Manager Police rner cars
Mayor McCann urged the y days, the price about
Disc_— us— s = °� SO prompt action ecanobe�tak be X11,000 each, fated
would have come under Federal`Reven placed at the end of the a �ice-
en on this matter, Benda under
Revenue Sharing need to be addressed. needs that
Vice - Mayor. McCann stated
Opinion on Mayr the minutes should reflect th
reading ordinances in their entirety on first and Cat
" The amendments Y Attorney's
South Miami to the Articles second reading.
Rule to
November of the
"each Act, Charter of the
each ordinance Provide 17' 1978. subse City of
first and shall re Article- 11, subsequent to 'the
second be Section 6 Nome
such a readings.•ad in its entirety Bl3) that
Home Provision a While it y on both
Rules power In Charter that is unusual' Of the
Florida Statutes Act, and since has beer, to make
and resolutions providing the promul uPaated since the
controls." the' g Procedures gation of
Charter for adoption Chapter_es
(continued)', • Provision nevertheless exists races
rrM eX1StS 'dnd
(J
+, i ty Attorney opinion continued;
rvTiEituiTrcnLS zcj Char -ei: [nay be accompilsned 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
December 16th, 1986
January 6th, 1987
April 7th, 1987
April 7th, 1987
Planning Board
City Commission (1st reading of ordinances)
City Commission (2nd reading of ordinances)
City Commission (2nd reading /Comp. Plan)
City Commission (2nd readi.ngj/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 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.
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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 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;
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; 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.
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#5 continued);
Motion to defer passed unanimously.
yea; Commissioner Andrews Lantz Mayor Porter
Commissioner Brown yea; Commissioner Schwaiet' Vice-Mayor McCann,
Yea. � yea;
Vice-Mayor McCann asked the City Attorney for
the Commission begin °f the ordinance if e clarification ub with regard to
the gain with the changes are substantial or would
City Attorney Hamilton responded beit the first and
acceptable. :.either would be fine; cond readings. .Associate
a third reading
#6 would be
ORDINANCE NO. 20 -86 -1266
AN ORDINANCE OF THE CITY OF SOUTH MI
PROHIBITING SKATEBOARD USE IN SPECIFIED FLORIDA,
Mayor Porter deemed public hearing SPECIFIED AREAS.
wishing to speak for d ante in session and re
at this time, or against he ordinance to quested anyone
No one �rished to speak and the Please step forward rwd rd to be heard
Moved b public hearing was deemed closed.
y Mayor Porter, second b
second and final r Po by Commissioner Schwait, this be c
reading by the ordinance in its entirety and it considered the
assigned the next number by the City Clerk.
be adopted and
Commissioner Andrews Lantz noted their was a
this may need. to be included in the ordinance.
second by May Porter, the ordinance be roblem also with bicycles and
Commissioner Schwait noted he had requested . Moved by -e Commissioner Andrews Lantz
there are state regulations; Actin amended to include bi•cydles.
this before, but had been informed
stay on designated bike paths, g City Manager stated bicylists are
Associate City requ�•red to
subsequently advertised as 'skateboards.' Hamilton stated the ordinance had been prepared and
and if it is the wish of the Commission
Mayor. Porter .read into t
stated she had almost been run down b
he record a letter from Ms. D.
Walking toward the downtown areas. B. bicycles , who has
y skateboarders and also by bicyc]es while
Commissioner.. Brown disagreed With in
Comprehensive Plan town encourages Wtincluding
in the downtown area. bicycling also the City noting the new
y has placed bi
Mayor Porter and Vice -Mayor McCann cycle racks
for specific enforce►nent. noted there is no fine or of
the ordinance allows enforcement, Associate City Attorney er provisions
Offenders would be Department 'descretionyinaenforcemented Section 3 of
juveniles and their co- operation is expected. ost of the
Acting Police Chief Romine asked f d.
ment. Commissions Chief
t suggested or direction for enforcement b
and if it doesn't work 99ested trying the ordinance for one y his depart -
Acting City the Commission can amend it to make it more °r two months
regard to effectiveness Of the Acting Police Chief can it back to be omnssionTwe
further Commission action is necessary. with
ordinance as soon as possible to determine if
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A6
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;
PROVISING'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 Cit 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 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 the C ty 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; Comnissioner'Schwait, yea;
Commissioner Brown, yea,
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MA
7 (continue(j)
Vice -Mayor McCann called the attention of the -Comm
where is states "Funds in the Sinking Fund may
Investments. al That definition is not clear ands ed on to Section 15(3)
given to the Commission definition
the y be invested only e definition
Attorney Hamilton stated he is not f he requested a definition be
e ordinance is voted. on.
a 15 meeting deferral of the ordinance�untilWthe the term; Associate City
Commission requested
Acting City Manager Turner explained efinition is clarified.
to borrow the remainder of the $650,000 shortfall d to the Commission the City does intend
day and if an enabling resolution is needed amount
time- Refer page 18 later in the meetu thus may «300,000) on the next
►1g y need to be done at this
Moved by Mayor Porter the word 'defeasance
Attorney: Hamilton cautioned this may � be stricken.
certain type of document and would warn theeCo�rement of Associate City
Motion died for lack of a second, the bank regarding this
mnission against such removal.
Moved by Vice -Mayor McCann, second b
be deferred for clarification. Motion passe
Vice -Mayor McCann y Mayor Porter, the vote on the ordinance
Commissioner Brown yea; Commissioner Andfews�Lantz��usly: Mayor Porter,
yea. ,yea; Commissioner yea;
Schwait, yea;
* *Vote deferred**
RESOLUTIONS /PUBLIC HEARING:
#8
RESOLUTION NO. 108 -86 -6078
A RESOLUTION OF THE CITY OF SOUTH MIAMI.
RENEWING A HOME OCCUPATIONAL LICENSE TO MARIONDSE
D /B /A PALM BEAUTY SALON FOR A'PERIOD OF ONE
COMMENCING OCTOBER. 1, 1986 AND MARION SECRIST,
AT 6271 S.W. 44TH STREET, SOOT ENDING OCTOBER 1987,.
Mayor Porter deemed pubhic hearing MIAMI, FLORIDA.
wishing to speak for me a 9 to be in session and requested an
wishing one wished speak
speak- gejest -the ordinance to please step forward at thine
letters is wished p Mayor Porter noted the City time.
support of Palm Beauty Salon have been received; no let
have been received.
Y Clerk has stated five (5)
tern against.
Motion passed unanimously: Mayor Porter,
yea; Commissioner yea; cwa Vice-Mayor C McCann, yea;
yea; Commissioner Brown, yea.
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RESOLUTIONS - PUBLIC'HEARING CONTINUE
#9
RESOLUTION NO. 109 -86 -6079
A RESOLUTION OF THE CITY OF SOUTH MIAMI
GRANTING THE APPLICATION OF JOHN FULLERTON F
CONDITIONAL USE PLANNED UNIT DEVELOPMENT LORIDA,
Of 19 SINGLE FA1r1LIY HOMES, LOPMENT CONSISTING
PROERPTY LOCATED AT 6491 SUNSET �DRIVE, S SOUTH
FLORIDA, PROVIDING FOR THE ORIGINAL DEVELOPMENT
AND PLANNED UNLT DEVELOP SOUTH MIAMI,
DEVELOPMENT DOCUMENTS TO BE FILE
WITH THE CITY CLERK OF THE CITY OF SOUTH MI
AMENDING THE OFFICIAL, ZONING -MAP OF %HE')CITY OF
AND
MIAMI TO SHOW SAID CHANGE. Y SOUTH
Mayor Porter deemed
wishing to speak for or against hearing to be in session and requested
the ordinance to lease step q arted anyone
John Fullerton, applicant, P P forward at this time.
addressed the Commissiontointroduce his
firm of Greenberg, Traur' ,.and architect, with offices at 6701 Sun
�9� et al attorney Tony O'Donnell from the set
, 1401 Brickell Avenue
Mr. O'Donnell stated to the Commission this Miami, Florida,
with the private use consistent with other
this s Planned Development is consistent
Property. The City's policy has been tommaintaine area and is a
corridor and this property will protect that ' good use of
zone on:SUnset Drive. Sunset Drive as a residential
He would like to call ,specific items to
attention: 9 Y as well as be a major buffer
1) every tree on the the Commissions`
2) eve of the project except at the entranceway
3) the pond has beentpreseren spacep Y has been maintained 4) the architectural integrity ofdthe Orr House program addressed
covenant made so subsequent owners will also maintain.
ouse has. been maintained and a
He closed stating
Staff of the City of South Miami have Review Board
set forth in the City a all recommended �athe Planning Board and
Y of South Miami P1a Pproval. The criteria
nTed Development Ordinance has been met.
Commissioner Andrews ..Lantz ......inquired about: '
from Subset; Mr. O'Donnell responded i ,�n9ress and egress
except in emergency. In response to Ct �s limited to the S.E. s to the property
a U -turn would be necessary for access to corner of the
true no matter what houses would 01��ss�oner Schwait, Mr, O'Donnell agredroperty
Mr. Jack matter wh the property, but that fact would.hold
be put on the property because of the median strip.
verify this information andeto�stateftr the ro'
residential streets to the individual homes P sect spoke to the Commission to trip.
affic in the project is addressed by
Project were 16 single family homes,
just the same as it would be if the
Commissioner Schwan asked for clarification
property; Mr. Fullerton explained this would on the ' house'
homes and after -dark u h control hefiicolar�acc s on the
pedestrian access to the property, the
Commissioner Schwait asked for information with regard to Orr's Pond;
Mr. Fullerton explained this will have
have the surrounding area mowed. a pathwa
Y for jo99ers and walkers and will
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#9 continued
Vice -Mayor McCann questioned the lot square
project; Mr. Fullerton replied q footage with regard to the
being t; Mr. P they are from 9,900 to 5,000 with the average lot
Vice -Mayor McCann noted this would preclude
Mr. Fullerton responded lot coverage would not exceed
lot. Vice-Mayor e tn re McCann stated concern with the Permitted pools and spas;
requests for M Cann stated tate homes rn add l d b i ge on each
Commission would be beseiged with
` Development still
Mr. Mutch explained the setback designed pools. Commissioner Schwait asked
whether those homes under Planned
follow basis zoning criteria.
setbacks in RS -3 districts. �9ned by Planned Development does not follow
Development and the hardships are self - dimensional ened.
There are dimensional requirements in Planned
Property are ''shown on the plans. Mr, PP The Set
building into the setbacks, a Fullerton noted therecwouidenefor each
pplication for Planned Development states rthe homes
will not exceed permitted lot coverage.
2) Mr. Christopher Cooke - Yarborough, 6802 S.W.
to the project, founder of Neighbors of Cocoplum
architect and a member of the City's of 64th Avenue, spoke as a neighbor
is slightly different, but :does, in his (a neighboring subdivision), an
are behind a coral rock wail which w. Planning Board. He stated the Development
s opinion, enhance the area.
fences or walls more than 4 X11 be maintained The boundaries,
-' in height so the homes and ttrees ware visually
other
accessible and he noted the project as good start toward
character of that area.
d maintaining the residentia
i
3) Ms. Beatrice Linden,South Miami resident
petition, signed by some 25 neighbors, who urge thebmiper to the Commission a
perhaps becoming a neighborhood park in the future
density, U- turns into the project and noted th Property stay as it is now,
and will not be able to handle the traffic She stated concern with
concern with the trees on the property th S.W. 65th Avenue is only one lane
to the project. She also expressed
P y being cut at some later date.
Vice -Mayor McCann questioned the preservation of t
Mutch suggested placing questioned stion d the Development
as a statement (Staff report) h which would elo he trees; Planning Director
recommends such as the preservation Of P nt Order the Staff recommendations
n include the items the Staff
the trees.
4) Ivan Rodriguez, Director, Dade County t
Commission on amending the Planned Development requirements
y Historic Preservation, commended the
ect was sensitive
has addressed also, to to make them more
stringent. He does think the architect
, the historic preservation of the Orr House.
and
51 Rob . President of South ' the
Commission RoStevens, S e opposition en the South Miami Homeowners Association ad
surrounding neighborhood Project stating it is not in character �witheth :
is also wa over the Cit and is contiguous to another project, The Banyans, which
Y Yl permitted density,
6) Richard Marks, 6440 S.W.
subject the City 62nd Terrace, stated concern this project
Y to unexpected expenses, such as liability for the may
and stated the eCity should seek to obtain a hold harmless agreement10or�thatPoond
Vice- Mayor McCann noted there are many P
water and questioned the liabilit
Y properties in the City with
Hamilton stated he is satisfied 'y °f dust this one; Associate .City Attorney
with the Planned Unit Development in this
and does not see specifically any addi liability liabil
�tY for the ..City, regard
n
No one else wished to speak and the Public Hearing g was deemed closed.
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#9 (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 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 Will 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.
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#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" City arranges for hospital and accessory use
and she is not certain why this would "be included.
Resolution. does not.becessar'ily, agree with "T"
portion of resolution that notes the'� City recommends' that the easement on
S.W. 65th Avenue be dedicated,to the Cjty, but allowed to be used by the Planned
Development as part of the "§rost area ". " The developer must give tothe City of
South Miami 'a 251 strip and ihe'�,is adamant in her desire that the land be given
to the City so if the City de�'Om's I it 'necessary, at any time, the road be widened,
condemnation are not!, necessary. Also, the developers shouldnot be
, 1 1
able to use this as their ' g ross � �� area'.
16-24-4 Staff talks about uses adjacent to residential districts, lines 9 - 14,
addresses street for protectioh and not abutting residential back yards. This
portion was put into the ordinance to protect the residential uses.
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#9 continued ;
be used for
Of the eastern boundary would arprli,�iA a �r; „a +o
dary of the H. _ +..00+ 2777 ?Ccatn,
These and other reasons have brought
a developer is re
situation. questing a more her to the important
she did She - voiced concern withtense density issue that whe
preservationsowould be an
inside nottbe�ae 'walled-in' d concern
ties preservation agreeable
Part of the Cit the Orr House and stated
developer gave the number of Y' Vice -Ma within a ��tal which tends
Property Yor McGann also noted thattifmthe thosf
Y if there was nothin houses that could be
be 16. This is not necessarily t there and placed on this RS-
be highest density. the best not even trees 3 Piece of
with the Planned ty. r' Mutch Planning but the number calculated number would
has stated the different calculated rn to
surrounding -area, ieavePthethouseuiations Plannin
many houses and the neighbors thatand they but if you take the 9 and concerns
Anything beyond the 16 units and the stated concern would property and the
Planned Development with only the not very room for this
houses be changed from h t he Orr House is have a very valid
e followin too dense and Point.
to the City for the future roadway, g recommendations; could accept the
° 17, one being the Orr House; 2 1) the number of
the land dedicated
Vice -Mayor McCann concluded the City demands and has the obligation to
seek does have the right to for the Ci
Commissioner Brown. stated there and the best Project n
Commission has received that are P Ject for the City.
thins re are additional documents that t
9 ,such as the Staff recommendations�t the he City
a condition s such as
forth under Section 3 Proposed ordinance.
25' right-of-way that should be incorporated. are
feel yon the West side of the Conditions as recommended y Also,
considering the multitude of Property mended b
is well- thought out and a the property
y should be incorporated Y Staff of
With the walkwa P PertY this Planned Unt DevelopmenteS
Y on the westernmsideditio to the
school-age ckway n travelin cand
behind the g on that a pro ert Community- He voiced concern
project, Pathway; P Y and the Pond from the He'would y� also children living There are
pond, urge the develop to excercise caution andiprovi
Commissioner Schwan asked and Provide
feelings on the 11 homes i Mr. Fullerton
feelings Fullerton re suggested rather developer
.tremendous burden on this would than 19 single familat would be his
house, lined u the development. be financial) g Y homes.
P along He would be feasible and would
granted. He up alon Sunset DriVe' on that ' inclined just t° Put a
A roperty should the density the 16
Y follows the City's zoning ord' not be
Mayor Porter quest' the dens' finance.
homes would be
4.36 units Permitted; Mr. Mutch explained when the zoning
per acre. Per acre density and the applicant zonin ordinance states 16
PPlicant has re g ordinance allows for
quested 4,144 dwelling units
Mice -Mayor McCann said
houses was ;addressed to her statement with the
hens. The statement of whether this zoning code permitting 16
Unit Development s very not a Planned Unit Pl
anned
-
different densities project satisfies the, criteria of a Plan
Y questionable in her mind
and different economic ran nedP
the proposal and dete which states opinion that it ►"mine if it ranges.. •••houses of
qualifies as Each Commissioner must read
ordinance, doeS'not meet the initial a Planned Unit Development and it is
Purpose of this portion of the
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Ite- �g_(continued)
Mayor Porter asked
dedicated is being if the strip of land next
figures. Mr. - calcul�tP� ac part of thn lanri +^t0�651Q �+ +h
the 25� Mutch said he believes that it �s - - Avenue which will be
but is based on a � . `
Plan 5''4.36 and then gross basis and the he density�Is calculated using
it says 4.36 and of course designation in the Comprehensive
difference 3 the interprets ' under Section 16 -3 of
'4.36 dwelling the Zoning There's Ordinance where
interpretation of g units Per net acre...'
supplied the information to the Cit how 4.144 was There s a
correct. Mayor Porter noted a sitY and the City concluded. The applicant
(1981) and asked for pUD ' confirmed that information was
and he-he would like to knoheif�bot project, Davis Gardens
Y said as long as the densit came in the City
under the City's PUD ordinance. h Projects were cal culatedyinathet increased.
at the time, but the rules ordinance. Mr. applied stated same manner
he did not know, he was not here
project is exactly the same: equitabl
difference is the lot sizes on private road y' Mr. Fullerton said his
net denis;ty of RS -3
project are larger than DavpsoCardenss and the
Mr. Fullerton reiterated the zoning ordinance
tproject is 4.144 and if there d nce permits the
the zoning ordinance. a quarrel with densit ...4.36 density,
zoned RS-3 gad Vice -Mayor McCann r Y it-should-be addressed the
under the guidelines of the Zo issions' reputed the statement tig thi a is
Clevelopment and ability and right whether ,in this area
a Of
Use.ning ordinance, this qualifies under yanplanne mind,
Commissioner Schwait asked if the d Unit
road would be extensive so no landscaping
Perimeter road stating it wouldgbe an OP-weave P g between the homes and the
color and only s high. apparent. Mr. Fullerton replied to the back
9 This will allo somvisabiliink t in
fence will be landscaped,' The road type of fence
to allow the houses on that side be ty and air movement gand nthe
was placed on the far boundary of the project
Placed back some 47' to 50' from the ne'
Commissioner Schwait objected .. to a_ �ghbors.
preservation
Commissioner
trees and will move, later three (3) year
time ten (10) years. In closin ter in the meeting, Period °f time for
after much thought, g, he has not favored Planed °umake that period of
protect Sunset Drivetinsthati area, it' Development, but
the best interest of South Miami in an effort a ten year limitation on preservatioHe ouldlsu t to
reserved for right on PPort the project with amendments:
if there is an y on the Wes P acement of trees. and that's 25' area is
Y problem with S,W. t side of the propert
the right_of -wa 65th Avenue remaining n y' He would like to know
would be Y dedication. Mr, 1 gone lane and the City Navin
use for the Public across the:25, 0 Donnell responded a
and i eluded p Perpetual public easement 9
conveyed public for �n that, a maintenance obligation without char eedestrian and biicycle
Public right_of -wa 9 a any time Paths and a 9 n with
y purposes, that it is required pro, the land will be
y the government for
City Vice -Mayor McCann stated if the Ci
would have to pay o the City
ty requires the avenue be developed,
some other y would be remiss not to ask for the
to develop rovision because if he were doing,a standard
P this and provide curbs abond or
obligation for and p gutters d development, he would have
under PUD if section development. does not alrea sidewalks etc. This is part of their
Commissioner Brown asked Mr.
this; Mr. Mutch said Section C, Mutch for clarification
credit dy provide for public improvements such as
irrevocable letter of in the amount
as part of the reSOlf requares the developer place a bond or an
limit be place u To be fair to °f 125 of updated improvement costs
pop the 1pttor the develo e
CCM
Of credit. P r, he recommended a time
-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 applidant'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 th,
completion of the project shall be replaced on _a cal - pher- far- calipher basis
(specie - for - 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. - It ...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 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) 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 purposed."
CCM -15- 11/4/86 rjn
-I '
x
#9 (continued)
Mr. O'Donnell stated the applicant w
City, a covenant acceptable would be willing
Of the property, to the City Attorney, would Provide, to the
Y, in the event it is needed for r which
dedicate it for said would obligate the owners
assessment for making Purposes and also to- right-Of-way Purposes, to
be running -with- the- land Pay' on a pro -rated basis, the
.street iowrorship.
transfer with ownership.
This covenant could
City Attorney Hamilton said he would
and be recorded, as we Prefer this is attached to
the land
Moved by Mayor. Pouter,
be inc1Move in the or P rtes, second b
Motion (please by Vice-Mayor McCann,.the.preceding
Andrews Lantz, yea; Commissioner yea; V1Ce- May °r McCann 9 of amendments).
Brown, yea; Commissioner
Mr. Mutch requested the resolution include nay,
Orr House be sought within one (1) mon
ude the historic designation of the
Special Use Permit. th after adoption of the PUD resolution
Commissioner Andrews Lantzn Was made b
Motion Y Commissioner Schwait and secondedb and
Vice -Mayor McCann, yea; Commissions passed unanimous)
Commissioner Brown s Lantz y� Mayor Porter ,yea;
, yea, and incorporated into the resolution�SS�ect Scho
°• The applicant agrees: as Section O,; 'yea;
"The
of the Orr
(1) to seek historic designation
County regulations eforence under 9nation,of the principle
historic the City and/or Metropolitan Dade
and legal description of Preservation;
Orr residence requiring i on the new site for the Principle to Provide house a, survey
that the owner will maintainpthehexterio the
the building in complaince with
Metropolitan Dade County Present) nor th
would be enforceable for ahistoric Y existing regulations Of the
Preservation ordinance which covenant
a demolition permit for the Period of fifty (50
requested at an Principle house Of)theaOrr reside) if
City anytime after; of
Y (at the time of said request this resolution provide is
structure at its then tax - assessed value within t0 Provide the
)with an Option to
said request." Purchase the
thin thirty (30) days of
.Vise -Mayor McCann moved that the
seventeen
Vice-Mayor
rather than nineteen the number of units allowed in
discussion and asked the than the do be
Mayor Porter seconded the motion for
calculations as the Planning Director,
ca Mutch stated he permitted amount for Mr' op rty y restate the density
site and the a Code specifies that 4h36 Property
stated the
nt is eciies a by the City zoning ordinance.
and calculated and all agree that requesting 4.1n units per acre are
and that it is within the 4:14sitYiof Per acre. Permitted on the
4Per Section 16-3 Otbthe Zoning
Ordinance. a number of units allowed
zoned. Mayor Porter again asked Per Section 16i of the Zonisly
Mr. Mutch replied this criteria 9
4.36 dwelling units clarification, the density as currently
property is subdivided per as the densit Permitted The City Code specifies
be because the
the re restrictions n t district. If the
acteristics Placed upon that property
same number of quirements ofthe RS -3 DiYou canrequiremen
sq• ft. but different dimensions on Y get 16 dwelling units on
You could get 4.36 but units requirements. If You had the
could accomodate 19 dwelling
units on that S• a differer ofs Piece . of property,
per acre on the same number of sq, ft. and you
site.
CCM
-16-
11/4/86 rin
z
Item'#9 (continued)
Vine -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 ; -iVice- 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 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 nmt 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-
1114/86
rjn
0.
A•
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
BEAD AND APPROVED AS TO FORM:
CITY ATTORNEY
7
_aw OMCFS
D. MICHAEL CAMPBELL
8603 S. DDME HIGHWAY, SUITE 303
MIAMI. FLORIDA 33143
D. MICHAEL CAMPBELL
December 27, 1991 TEL (305) 661 -6161
FAX (305) 661.0822
HAND- DELrVERED
Mavor 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)
Propose' Off -site Parkin i 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
for its patrons within the interior of the building seating
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 seventeen 17 approximately
( ) 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 a month -to -month basis. However, the sports bar and thee bank
have further agreed that if required, a longer lease term of
one (1) year would be acceptable to each. Accordingly,
attached please flnd a copy
Agreement wherein, Coaches s leasing proposed
on� an an uall 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
City Commissioners in the event the by the Mayor and
passed or a r proposed amendment is
app rd in part with essentially the same
requirements. Accordingly, we would ask that the above
requested resolution of Coaches'
Lease be placed on, the January 7, 1991p agenda.
off-site parking
X_
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
6r/ a bell Esq.
J_.
ttorney f Coaches
DMC /gar
Enclosure
' D. MICHAEL CAMPBELL. 8603 S. DIXIE HIGHWAY. SUITE 303. MIAMI. FLORIDA 33143, TELEPHONE 661b161
�► used
P,�r p LF.ASE AGREMMU
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: Twent D
TERMS:
Lessor:
By:
Date
I ollars ($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
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.
Lessee:
Se
By:
Date:
e
coQ
Qr
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PUR�HE
ASE
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 6.6L 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
11/18/91
PRICE LEVEL: 203
MODEL YEAR: 1992
DUOTE# CLAREN
PAGE: 1
SERIES: F700
NUMBER OF UNITS: 1
SALESPERSON: GEORGE ELLISON
` MAJOR COMPONENTS'—
TRUCK DESCRIPTION; W8 =237
ENGINE: CA -=168 AF =.130. OAL-401
TNGINE ssION; FORD DIESEL 6,6L 185 HP 2400 RPM 50S
ALLISON AT -545
FRONT AXLE: 4 -SPEED AUTOMATIC
REAR AXLE: 9000 L8 FRONT AXLE
21000 LB ROCKWELL RS -21 -230 STEEL 2S
PAINT: AXLE RATIO 4.`30/6,00
FRONT GAWR: 9000 REAR GAWK 21000 FRAME GVWR: 31000 TOTAL GVWR; 30000
TOTAL VEHICLE PRICE (EXCLUDING TAXES AND T ITLE ); RETAIL
TRADE IN ALLOWANCE: � ?942.00
SALES TAX; 0.00
FEDERAL EXCISE TAX: 0.00
LICENSES AND TITLE FEES; _0,Q0
TOTAL DELIVERED PRICED 0,00
CUSTOMER DEPOSIT: 37942.00
BALANCE DUE: 0.00
COMMENTS: 1991-STATE OF FLORIDA 37942'..00
CONTRACT #070- 700 -100 -8
DEALER SIGNATURE DATE
P.
0
CUSTOMER SIGNATURE DATE
o�
CITY OF SOUTH MIAMI CLARFN PAGE: 2
DESCRIPTION
BASE VEHICLE PRICE
WB =237 CA =168 AF =130 OAL -401
FORo DIESEL 6.6L 185 HP 2400 RPM SOS
ALLISON AT -545 4-SPEED AUTOMATIC
21000 LB 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 4
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;
WHEEL' SEALS REAR C.R. SCOTSEAL PLUS
WHEEL 'SEALS FRT
SLACK' ADJUSTERS FRONT AUTOMATIC
SLACK' ADJUSTERS REAR AUTOMATIC
AYR COMP 13.2' CFM, BENDix Tu -FLO 550
MOISTURE 'EJECTORS NON' -HTD SENDIX AUTO
AIR DRYER BENDtx AD -9 HEATED
SLACK.ADOUSTERS AUTOMATIC'FRT AND REAR
PAR' ' KING BRAKE MAXI II SPRING': SET
STANDARD INTERIOR TRIM CHARCOAL
GRILLE ARGENT
HOOD FORWARD TILTING FRONT ENO
HORN SINGLE ELECTRIC
WikDSHIELO CLEARLAMINATEO GLASS
WINDSHIELD WIPERS TWO'-SPEED ELECTRIC
MIRRORS DUAL WESTERN DELSAR STAINLESS
HEATER' FRESH AIR 'W /ALL WEATHER VENTILATN
STEERI�NG WHEEL 18" DIAMETER
SUN
VISORS LH & RH U
BENCK SEAT FULL WIDTH TRIMMED IN VINYL
SEAT' BfELTS LAP & SHouLOER!
AI CLEANER MTD RESTRICTION INDICATOR
GAUGES',, ELEC, VOLT, COOL TEMP, FUEL
PARKING ',BRAKE CONTROL DASH, MOUNTED
SpiE` 66METER ELECTRIC- MPH /'KMH''
TAGHONIETER ELECTRIC
TURN StG,NAL SWITCH; SIGNAL STAT 900
WARN LIG�,HTSBATTCAB LATCH,WATER IN FUEL.
WARMING LIGHT,BU'ZZER,LOW >AIR 'PRESSURE
9
' CITY OF SOUTH
MIAMI CLAREN PAGE: 3
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 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 -QT FULL FLOW
FUEL PUMP ELECTRIC
GOVERNOR ELECTRONIC'
OI'L 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 020x7.50 2 PC 10860 990
TUBE TYPE RADIAL 10.00R20 --14 21,200
GOODYEAR UNISTEEL G159
CS 020x7,50 2 PC 21200 @95
WHEELS SPIDERS PAINTED BLACK
BUMPER FRONT FULL WIDTH
TOW HOOKS FRONT
1 IAofM1ll A v .,,
g
s
p
I CITY OF SOUTH MIAMI CLAREN PAGES : 4
� : 01 , fl9 : o�saaa��na= aa��r�: xmo�rssaiiaaiiisl srtiiisi lsaitRSfesassiss�a:a =aeVY , 29U . t . 0
DEALER INSTALLEQ EouIPMENT`
} 24FT 32CU.YD, TRASH DUMP BODY HEIL
RUSTPROOFING
MUDFLAPS
BACKUP ALARM
r '
CITY OF SOUTH MIAMI
3:01 CLAREN PA
09 == _a= -=== --- --- - = -- GE• 5
_ ms = = = =as :S° = == V4.29U.1.(
TYPE OF SERVICE:
TRUCK
VEHICLE DESIGNATION:
ON /OFF HIGHWAY
TYPE OF ORDER: TO - GOVERNMENT
STATE /PROV. OF REGISTRATION: FL - FLORIDA
COMPONENT
FRONT - - - RATING GAWK REAR GAWR
-- -- - --
FRONT AXLE: -- COMPONENT
9000 REAR AXLE: RATING -- _
SUSPENSION: 9000 SUSPENSION; 21^000
------ TRES /WHEELS_ - -_ - -- 10860 TIRES /WHEELS; 23000
- - -- 21200
FRONT GAWR: 9000 - - -RE -R GAWR - -- ----------------
: 21000
FRAME WEIGHT RATING: 31000
GVWR: 30000
EXPECTED BODY
- EXPECTED PAYLOAD
WGT:
WGT:
0
0
PERCENT
FRONT
AXLE LOADING: 0
PERCENT
FRONT
AXLE LOADING; 0
CHASSIS WGTS:
BODY WGTS:
FRONT:
FRONT:
5557
0
REAR:
3776
TOTAL,: 9333
PAYLOAD WGTS;
------------------------------------
FRONT:
0
REAR:
REAR:
0
0
TOTAL: 0
TOTAL 0
'
COMBINED WGTS:
FRONT:
5557
---- - -
REAR;
- - --
3776 --
- -- TOTAL: -- 9333 __..
TOTAL: 9333
'NOTE: WEIGHTS ARE APPROXIMATE AND MAY NOT REFLECT ACTUAL VEHICLE WEIGHT,
_
C]
CITY OF
SOUTH MIAMI
CLAREN
PAGE: 6
1.0
WARRANTY AND ESC --
COVERAGE CODE: iP
COMPONENT
TIME AND MILEAGE"
P & L COVG.
TOTAL VEHICLE*
0-12 M0. /UNLIMITED
MILES
1001
ENGINE
0 -24 MO. /UNLIMITED
MILES
100%
DRIVETRAIN
0 -24 MO. /UNLIMITED
'MILES
100%
CLUTCH (EXCLUDING
0 -12 M0. /UNLIMITED
MILES
1001
CLUTCH LINING)
FRAME
0-60 M0. /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 IND-
ICATEO 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.
�w
7
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 21st , 199`2 , the City
Commission authorized the City Manager to draft a Request for
Proposal for the privatization of the City's Public Works
Department, so that the City Commission could consider those
responses as a part of its determination of the future
disposition of the Public Works Department's Sanitation
Division;
WHEREAS, Article III, Section 5 H of the City Charter
requires Hall 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
approve 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 mould 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:
Stetion 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 approves and authorizes same, including
the waiver of competitive bids.
PASSED AND ADOPTED this
th day. of February, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTQRNEY
i
I f
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 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 -
1 )
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,,539.83 REPRESENTING
FEES INCURRED FOR LEGAL REPRESENTATION BY GREGORY
BORGOGNONI OF RUDEN.r'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
regardinq 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:
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.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
APPROVED:
MAYOR
en °e o. Ca 1337'
FEDERAL IDM 59- 1307357
RUDEN. BARNETT. MCCLOSKY. SMITH. SCHUSTER. & RUSSELL. F. A.
f ATTORNEYS AT LAW v
POST OFFICE BOX 1900
FORT LAUDERDALE. FLORIDA 33302
(305) 764,6660
CITY OF SOUTH MIAMI, FLORIDA
IP
City Hall October 10, 1991
6130 Sunset Drive 00 %4 Invoice No. 189,525
Miami, Florida 33143
VjttW CE
File No. 4
adv. Elias
DISBURSEMENTS
Photocopies
Fax Charges
Court House Express Couriers
DISBURSEMENTS TOTAL
TOTAL
5.25
7.00
71.75
$84.00
$84.00
' !"4M.
a -
r
s "Foct
INVOICES DE1m BY rn FIRM ARE CUE AND PAYABLE UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH MONTH THE BAI!k" = OF ANY
unerrs RiAt 1 MIC w ►+:. r .. ` ;AN nW M U(WTM VA4AtL BE BUaIEt . _ . A. E CKARBEOF ONE ANDCNE•FIALF PffMB •�
CITY OF SOUTH MIAMI, FLORIDA
City Hall
6130. Sunset Drive
Miami, Florida 33143
November 10, 1991
Invoice No. 190802
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
File No. 6
Bakery Center
08/05/91 G. Borgognoni 2.9 507.50 Research re zoning director's questions;
conference with Bill Hampton.
08/08/91 G. Borgognoni 2.3 402.50 Further research re: zoning, PUD and DRI
issues; conference with Mr. Swarthout.
08/21/91 t3. Borgognoni 1.8 315.00 Conference with Bill Hampton; research.
08/26/91 G. Borgognoni .1 17.50 Conferences with Soheila (re: notice).
09/05/91 G. Borgognoni .4 70.00 Conference with Soheils; review fax.
09/11/91 G. Borgognoni 4.8 840.00 Prepare for and attend Planning Board
Meeting; research DRI and PUD issues.
09/19/91 G. Borgognoni 3.1 542.50 Prepare for and attend Planning Board
meeting; conference with Mr. Swarthout.
10/04/91 G. Borgognoni 2.2 385.00 Prepare for and attend meeting.
10/15/91 G. Borgognoni 2.6 455.00 Telephone conferences with
~ Mr. Hampton /meeting; further research re:
vested rights.
10/16/91 G. Borgognoni 3.9 682.50 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 $4,217.50
iNr010Et
Map= aY THa 1U I AM DUE AND M AELL UFM TMEIR ACCEPT ON THE MW Wr OF "M MONTN " "Ca DF ANr
+M OIOB 7ME4 UMMIp►0�1 YOpE TM410NE en MONT►1 aF1Al11t EWJEC- 40 4 LATE CHAPOE OF &a AND ONE.+uI► �CFW
i
I'
�, 3
ArMFINEY$ AT LAW
I'm OFFICE Wit low
FORT LAUGERD&L FLORIDA UM J D
=0 7644M
(:1:7 OF SOUTH MIAMI, FLORIDA
Page 3 December 10. 1991
adv Mandelstam
DISBURSEMENTS
Clerk, 3rd District Court of Appeal 250.00
Photocopies 4.50
Fax Charges 8.00
DISBURSEMENTS TOTAL $262.50
TOTAL $4,217.SO
INY0ICM• M T►IQ NIMI AII! OUE AND RMMELE !I/ON TNiMI aN 7M pVW OM DP %AW MW." TW ftANW OF ANY
M�71IOi11�MAgR�I1M01ETIMNOMifOADIfMM1A�4�1 �>ar�lpAUQR0iun0laCNSM�IpoNiIMV ttMC�py��w�tma
�rao�s�eson� �awA,� oue iwo rya u'ar�w �oe'r aN n+arMwara� as wen�n� ww+aearw+r
�NOC�71l I (iMINb/0��10111�MMION�AIMONMwYi NMUWIDAIAMOIN aPonAMO lMLlrlelaDRAMM/leN MK
ArMFINEYS AT LAW
POET OFF" 8= ism
=M LAUDERDALE. FLORIDA 33
=0 76QW
CI.Y
OF SOUTH MIAMI,
FLORIDA
C_ty
6130
Kalb
Sunset Drive
Zecember
10: 1991
Miami,
Florida 33143
+nvoice No. 192221
"
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
�rao�s�eson� �awA,� oue iwo rya u'ar�w �oe'r aN n+arMwara� as wen�n� ww+aearw+r
�NOC�71l I (iMINb/0��10111�MMION�AIMONMwYi NMUWIDAIAMOIN aPonAMO lMLlrlelaDRAMM/leN MK
N. SAPUNS—. kti;CaZS*KY. 5MITI - 5CF- 7LjST.P. SS— '..
ArMRNrAYS AT LAW /
POW awla a= 1100 l'
e a FORT IAUDEADALL FLOMA 33901
ON 7664M
CITY OF SOUTH MIAMI FLORIDA
City Hall December .0, 199:
5130 Sunset Drive Invoice No. 19222(
Miami, Florida 33143
FOR LEGAL SERVICES RENDERED IN CONNECTION WITF
File No. 1
land Use Comprehensive Plan Litigation.
10/24/91 K. Klein .4 54.00 Conference with Greg Borgognoni regarding
appellate Case.
111/20/91 K. Klein 1.5 202.50 Telephone conference with Martin Berg; legal
research.
_1/21/91 K. Klein 2.0 270.00 Telephone conference with the office of
Marty Berg; legal research; telephone
conference with -Marty Berg; prepare letter to
Martin Berg, Esquire review cases provided b,
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
Dig TS TOTAL
TOTAL
1.50
8.00
i�4.50
$725.00
n�a�ar�orrserne twrA� ousiuie �tsuroKT iY 1110erIrR0lt��aMas�rOMm�arMn;.
�NI�CLflI fM�MO/l �IIb1�7MM10t�A11101fIMl MIL�MIYCt1QA1J4t41Mr�01�A1pdi1W /1l�tIN�IANa{IK
,/ 6
�JDEN. BARNS; MCC�DSKY, SmMt Scxvml & Russzu, P. A.
J
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 conference 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 G. Borgognoni 1.8 315.00 'Review file; conference with Stanley
Price's office.
11/01/91 G. Borgognoni 1.5 262.50 Meeting with Bii 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 0. Borgognoni 2.8 490.00 Meetings with Sonia Lama, Hill 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
JWJ* IN PUN== W70 RlW OM M M0 M* UP M 1MlIII IINQW OILTMR i111R OM Olt IAOM MOUfTM rem GUAM 0/ AMV
W�OIC[1M�N UTAWD/0111101� 1FMNONIfg MONM WKLY �uRNx. TlOAUQSaF1A110ECf01iANOpralMtf le�O�NTpMAM1�11MS1n1.
t �(
1.11e t N 0 0')
FEDERAL ID# 59-1307357
RUDEN. BARNETT. MCCLOSKY, SMITH. SCHUSTER. & RUSSELL. P. A.
ATTORNEYS AT LAW
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(305) 764-6660
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
DISBURSEMENTS TOTAL
TOTAL
.75
2.00
11.94
$14.69
$14.69
IMANAGER'S OFFICE
INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH mowm THE BALANCE OF ANY
INVOICE THEN UNFOJO FOR MORETHANONEM MONTH SHALL IBE SUILIECTMALME CHARGE OF ONE AND ONE-HALF PERCENT (11%%) PER MONTH.
9
_. -__ - ..- .- ......
aa.erat ca. C.T.1837;
FEDERAL ID# 59.1307357
RUDEN. BARNETT. MCCLOSKY, SMITH. SCHUSTER. &, RUSSELL, P. A.
ATTORNEYS AT LAW
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(305)764.6660
CITY OF SOUTH MIAMI, FLORIDA
City Hall
6130 Sunset Drive
Miami, Florida 33143
January 10, 1992
Invoice No. 193899
DISBURSEMENTS
Photocopies 12.00
F/X Courier System 5.64
DISBURSEMENTS TOTAL $17.64
TOTAL $502.64
x1 Via:
r.r
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 UNPA D FOR MORE THAN ONE (t) MONTH SHALL BE SUBdECT10 A LATE CHAME OF ONE AND ONE HALF PERCENT (1% %) PER MONTH.
I _ 1
1
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
x1 Via:
r.r
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 UNPA D FOR MORE THAN ONE (t) MONTH SHALL BE SUBdECT10 A LATE CHAME OF ONE AND ONE HALF PERCENT (1% %) PER MONTH.
I _ 1
1
11
4 < v st
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 for, inter a ia, tree removal permits, but did
not at that time set the fee for the tree removal permit;
NOW, THEREFORE, BE IT ORDAINED SY 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 Jae, 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
Urdincinue 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: