04-21-92OFFICIAL A ENDA
CIS OF SOUTH MIAMI,
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING'
APRIL 21, 1992
7:30 PM
A. INVOCATION
Next Resolution:
Next Ordinance:
Next Commission Meeting: May 5, 1
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. PRESENTATIONS: Miami'Dadle Community College, Medical Center Campus
D. ITEMS FOR COMMISSION CONSIDERATION:
1. Approval of Minutes of April 7th, 1992, regular City Commission meeting
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
none
RESOLUTIONS FOR PUBLIC HEARING:
none
SOLUTIONS:
%� $ f 4
"r 4. A Res l
Resolution re- appointing Commissioner Betty Banks as Commission Liaison to
(� the Dade League of Cities until June 1, 1993. (Mayor McCann)
0— A Resolution authorizing_ the City Manager to disburse the sume of $5,854.20
representing fees °incurred for legal representation by Gregory Borgognoni of
n — Ruden, Barnett, ET AL in conjunction with the igation regarding the
V a� � City's Comprehensive Plan; charging the disbursement to Account
No. 2100 -4910: "Comprehensive Special A torne, (Administration)
_
6. A Resolution requesting the Gove or, he Florida Legislature and the
Pari- Mutuel Commission to grant Hialeah Race Track a share of the prime
(� winter racing dates. (Mayor McCann per Dade
League request)
`y��'7X A Resolution establishing shi n the So l Cam✓
9 uth Miami Specialty Retail /Residential
District Review Committee to make recommendations concerning facades, themes
and setbacks for this District. (Mayor McCann)
8��ir A Resolution authorizin t _
g he City Admi istration to extend the existing
conditioning contract with Spring Air Conditioning, Inc., for a total cost
ti.� not to exceed $10,642.00 for air conditioning in the Sylva,Martin Building as
(P detailed in the attached proposal and charging the disbursement as follows:
W 55,462.00 to Account No. 2100 -5510 "Non - Departmental Expenses General
Contingency Fund" and $5,000 to Account No. 09- 1100 -4670 "Sylva Martin
Fund - Maintenance and Repair of Structure." (Mayor McCann)
ORDINANCES - FIRST READING:
9. An Ordinance amending subsection 20 -4.4 F
code of the City of South Miami to provide for ae off- site'parking�soecial land
use permitted by right; providing for severability; ordinances in conflict
and an effective date.
(Vice -Mayor .Cooper)
10. An Ordinance amending the Land Development Code of the City of South _Mi
Florida, by providing a definition of "Personal Skills Insruction Studio"
in Section 20 -2.3; permitting "Personal Skills Instruction Studio" under
Section 20 -3.3 (E) of the Permitted Use`Schedule in NR and GR Districts;
providing for - severabilit
y; providing for ordinances in conflict and
providing an effective date
(Vice -Mayor Cooper &
Commissioner Bass)
3/
3/
3/
3/
arA
4/:
4/c
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RE- APPOINTING COMMISSIONER
BETTY BANKS AS COMMISSION LIASON TO THE DADE LEAGUE OF
CITIES, UNTIL JUNE 1ST, 1993.
WHEREAS, the City of South Miami is a member of the Dade League
of Cities; and
WHEREAS, as the term of the current Commissioner is to expire,
the Commission desires to designate a liason.
NOW,- THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Commissioner Betty Banks is appointed for
a one year term as a Liason.
PASSED AND ADOPTED this 2 -1st day of April, 1991.
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
410
APPROVED':
Cathy McCann
Mayor
t
i
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 $5,854.20 REPRESENTING FEES INCURRED
FOR LEGAL REPRESENTATION BY GREGORY BORGOGNONI OF RUDEN,
BARNETT ET AL, IN CONJUNCTION WITH LITIGATION REGARDING THE
CITY'S COMPREHENSIVE - PLAN; CHARGING THE DISBURSEMENT TO
ACCOUNT NUMBER 2100 -4910: "COMPREHENSIVE SPECIAL ATTORNEY."
WHEREAS, by Resolution number 75 -90 -9102 passed May 22,
1990, the City Commission; authorized the employment of Gregory
Borgognoni of Ruden, Barnett, et al in conjunction with
litigation regarding the City's Comprehensive Plan; and
WHEREAS, the City has now received invoices for legal
services rendered pursuant to the aforesaid Resolution for the
period ending February 25, 1992 for a total of $5,854.20;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section I. The City Manager be`, and hereby is, authorized
to disburse the sum of $5,,854.20 to Gregory Borgognoni of Ruden,
Barnett, et al for legal services rendered in conjunction with
litigation regarding the City "s Comprehensive Plan.
Section 2. That the disbursement be charged to account
number 2100 -4910: "Comprehensive Special Attorney."
PASSED AND ADOPTED this day of April 1992.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
5
APPROVED:
MAYOR
Client No. CI18371
RUDEN. BARNETT, MCCLOSKY, SMITH, SCHUSTER! & RUSSELL. P. A.
ATTORNEYS AT LAW
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(305) 7644660
CITY OF SOUTH MIAMI, FLORIDA
City Hall
6130 Sunset Drive
Miami, Florida 33143
FEDERAL IN 59. 1307357
March 10, 1992
Invoice No. 198882
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
Fi la TTo. 3
Land use comprehensive plan litigation
02/04/92 G. Borgognoni 1.2 210.00 Conference with Bill Hamilton; conference
with John Fletcher; letter to Fletcher.
TOTAL HOURS 1.2
TOTAL FOR SERVICES $210.00
DISBURSEMENTS
Photocopies
DISBURSEMENTS TOTAL
TOTAL
3.00
$3.00
$213.00
CITY MANAGER'S OFFICE
INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY
INVOICETHEN UNPAID FOR MORE THAN ONE M MONTH SMALL BE SUB,C-Cf TO A IAE CHARGE OF f1NP ANnf W=JAA# CC-- �-- • - .
Client No. CI18371
FEDERAL ID# 59- 1307357
r RUDEN. BARNETT. MCCLOSKY. SMITH. SCHUSTER, & RUSSELL
ATTORNEYS AT LAW°'
POST OFFICE BOX 1900
FORT LAUDERDALE. FLORIDA 33302
(305) 764-6660 i�M ' r
CITY MANAGER'S OFFICE
CITY OF SOUTH MIAMI, FLORIDA
City Hall March 10, 1992
6130 Sunset Drive Invoice No. 198883
Miami, Florida 33143
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
File No. 6
Bakery Center
01/28/92 G Borgognoni 5.2
01/29/92
G.
Borgognoni
.2
02/03/92
G.
Borgognoni
1.3
02/10/92
G.
Borgognoni
3.5
02/19/92 G. Borgognoni 3.7
02/20/92 G. Borgognoni 3.8
02/21/92 G. Borgognoni 2.7
02/25/92 G. Borgognoni 3.9
s
DISBURSEMENTS
910.00 Prepare for workship; research and review
prepared plan language; prepare letter to
Gold.
35.00 Conference with Robert Swarthout.
227.50 Conference with Alan Gold; review
amendments to text of plan.
612.50 COnference with ALan Gold, Robert
Swarthout, Bill Hampton and Mayor McCann;
prepare letter to Gold review and
research matters relating to Amendment.
647.50 Review plan language; research regarding
procedural issues; prepare for meeting.
665.00 Conference with Bill Hamilton; further
research on procedural issues; research
regarding effect of new plan language.
472.50 Review notices; conference with Zoning
department; conference with DCA regarding
steps after Planning Board action.
682.50 Prepare for and attend Planning;' Board
Meeting; Lcrw City officials.
Photocopies
Postage
IBC Messenger Service
TOTAL HOURS 24.3
TOTAL FOR SERVICES $4,252.50
DISBURSEMENTS TOTAL
TOTAL
19.50
1.67
12.75
$33.92
$4,286.42
IW401 ES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH MONTH THE 80kLANCE OF ANY
IN40ICE THEN UNR4D FOR MORE THAN ONE (1) MONTH SHALL BE SU&IECT TO ALATE CHARGE CF ^yF AND ONF -MAI F P9QMMT num.1 ocn unxr
Client No. CI18371
FEDERAL ID# 59-1307357
RUDEN. BARNETT. MCCLOSKY. SMITH. SCHUSTEP,, & RUSSELL. P. A.
ATTORNEYS AT LAW
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(305) 764-WW
CITY OF SOUTH MIAMI, FLORIDA
City Hall March 10, 1992
6130 Sunset Drive Invoice No. 198884
Miami, Florida 33143
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
File No.
7
Aid client
in appellate
proceedings
regarding master plan/zoning
mtter in
City of
South Miami
01/31/92
G.
Borgognoni
1.2 210.00
Conference with Ms. Lama and
Mr. Mackey;
prepare letter.
02/07/92
G.
Borgognoni
.2 35.00
Conference with Dan Mieda.
02/19/92
K.
Klein
.4 54.00
Telephone conference with the
office of
Stanley Price, Esquire; prepare
Motion for
Extension of Time.
TOTAL HOURS 1.8
TOTAL FOR SERVICES
$299.00
DISBURSEMENTS
F/X Courier
Photocopies
DISBURSEMENTS TOTAL
TOTAL
9.90
2.25
$12.15
$311.15
P7
CITY MAIVAGER'S OFFIC'E
W40IMS RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY
INVOICE THEN UNPAID FOR MORE THAN ONE M MONTH WAIL BE SU&IELT-FOA LATE CHARGE OF ONE AND ONE-HALF PERCENT (I%%I PER MONTH
P1,1111 1119 NPLI
Client No. CI13371
RUDEN. BARNETT. MCCLOSKY, SMITH. SCHUSTER, & RUSSELL. P. A.
ti 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
FEDERAL IDN 59. 1307357
March 10, 1992
Invoice No. 198885
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
File No. 9
Aid Client with Litigation regarding building /zoning permit
02/25/92 G. Borgognoni 2.1 367.50 Prepare for depo of City officials.
02/26/92 G. Borgognoni 3.8 665.00 Prepare for and attend depo of
Bill Mackey.
TOTAL HOURS 5.9
TOTAL FOR SERVICES $1,032.50
DISBURSEMENTS
F/X Courier
Photocopies
s
DISBURSEMENTS TOTAL
TOTAL
10.38
.75
$11.13
$1,043.63
D 4L I! -
..AP
CITY MANAGER'S OFFICE
INVOICES RENDERED SY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY
INVOICE THEM UNPAID FOR MORE THAN ONE 111 MONTH SHY t'
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, REQUESTING THE GOVERNOR, THE FLORIDA
LEGISLATURE, AND THE PARI - MUTUEL COMMISSION TO GRANT HIALEAH
RACE TRACK A SHARE OF THE PRIME WINTER RACING DATES.
WHEREAS, Hialeah Park has been designated as an Historic Site in the
Federal Register of Historic places, and throughout the years it has provided
enjoyment and recreation to the citizens of Metropolitan Dade County, the
State and the Nation; and
WHEREAS, Dade County and the City of Hialeah have made a substantial
investment in providing service to the Hialeah Race Track by Metrorail for
the rapid movement of visitors from all parts of Dade County in order that
they may be able to enjoy the facility; and
WHEREAS, it is necessary for the continuation of throughbred racing
at Hialeah Race Track that dates be specifically assigned, and the granting
of a share of the prime winter racing dates to Hialeah Race Track is mandatory
in order to provide funds sufficient for its continued operation; and
WHEREAS, it is in the best interest of the people of the State of
Florida and the Thoroughbred Racing Industry that Hialeah Race Track remain
economically sound to assure its continued existence as a thoroughbred race
track in Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami, hereby requests the Governor
of the State of Florida, and the Florida Legislature, and the Pari - Mutuel
Commission of Florida to grant to Hialeah Race Track a share of the prime
winter racing dates.
Section 2. That the City Clerk shall cause copies of this
resolution to be distributed to the Governor of the State of Florida,
Speaker of the House, President of the Senate, the Dade Delegation of the
Florida Legislature, members of the Pari - Mutuel Commission of Florida,
Hialeah Race Track, and each member of the League.
Section 3. That this Resolution shall become effective upon its
adoption.
PASSED AND ADOPTED THIS 21st day of April, 1992.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED:
City Attorney
y,
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING THE SOUTH
MIAMI SPECIALTY RETAIL /RESIDENTIAL DISTRICT REVIEW
COMMITTEE TO MAKE RECOMMENDATIONS CONCERNING FACADES,
THEMES, AND SET -HACKS FOR THIS DISTRICT.
WHEREAS, the Comprehensive Plan of the City of South Miami
(on page 41) establishes a "Specialty Retail /Residential" Dis-
trict; and
WHEREAS, the Mayor and City Commission wish to establish a
Comrnittt-R to make recommendations concerning facades, themes, and
set -backs in this District;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. There is hereby created the Specialty Retail
District Review Committee. Said Committee shall consist of seven
(7) members.
Section 2. The member's of said Committee shall be appointed
by the Mayor with the advice and consent of the City Commission
and shall serve until October 21, 1992 or until their successor
is appointed, whichever occurs first.
Section—L The members shall elect a Chairperson and Vice-
Chairperson by majority vote of the Committee.
Section 4_ A quorum for meeting of the Committee shall be
five (5) members of the Committee and all recommendations shall
require a maiority vote of those members in attendance.
Section S. The duties of this Committee shall be to make
recommendations regarding building facades, set- backs, and archi-
tectural themes, in the Specialty Retail /Residential District,
which recommendations shall be tranomitted to the Commission by
written report, no later than six months from the appointment of
the Committee.
q_` W---
r
5 y
i
Section 6. Vice Mayor, Thomas Todd Cooper, shall be the
Commission Liaison member of this Committee.
PASSED AND ADOPTED this th day of April, 1992,
ATTEST:
CITY C- Ekw-F
READ AND APPROVED AS TO FORM:
CITY ATTORI3EY
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
ADMINISTRATION TO EXTEND THE EXISTING AIR CONDITIONING
CONTRACT. WITH SPRING AIR CONDITIONING INC. FOR A TOTAL
COST NOT TO EXCEED -S 10/462.00 FOR AIR CONDITIONING IN
THF, SYLVA MARTIN BUILDING, AS DETAILED IN THE ATTACHED
PROPOSAL AND CHARGING THE DISBURSEMENT AS FOLLOWS:
r 5,462.00 TO ACCOUNT NO. 2100 -5510 "NON - DEPARTMENTAL Q �
EXPENSES - CENERAL CON`tINGENCY FUND" AND S 5t000,00 TO
ACCOUNT NO. 09 -1100 -4670 "SYLVA MARTIN FUND - MAIN-
TENANCE AND REPAIR OF WRUCTURE ".
WHEREAS, the City of South Miami, Florida has heretofore
entered into a contract for air conditioning equipment install-
ation with Spting Air Conditioning, Inc.; and
WHEREAS, the City now wishes to extend the existing contract
to replace and /or repair the air conditioning system in the
Sylva Martin Building; and
WHEREAS, the Administration of the City of South Miami has
now obtained the attached proposal from Spring Air Conditioning
Inc. for a total cost not to exceed S 1011462.00;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY SOA
COMMISSION- OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section _1. That the City Administration be, and hereby is,
authorized to execute an air conditioning contact with Spring Air
Conditioning Inc. for a total cost not to exceed $ 10,462.00 to
replace and /or repair the air conditioning systems in the Sylva
Martin Building, as detailed in the attached proposal.
Section 2. That the disbursement be charged as follows;
$ 51462.00 to Account No. 2100 -5510 "Non-Departmental Expenses
1
General Contingency Fund" and Account No. 09- 1100 - k? ° %j
♦ f
i
PASSED AND ADOPTED this day of April, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY�� --
d1196i1982 10:44 =ROM '0 6664591 F.01�95
t
7
RM low
F.nvbonmentel. yent{ilwn Sysww
135813. W. 126th Street, Suite 209 • Mistn1, Florida 33186 • Business (305) 252.2501 Fax (306) 2W?479
Mr. William-Hampton April 16th, 1992
City Manager
City Of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Fax #666 -4591
Dear Mr. Hampton:
Further to our discussion of todays date, please be advised
of the following.
As per your request, we submitted a quotation to replace the
air conditioning equipment intthe Sylva Martin building. We
proposed to install 7.5 Ton Lennox (2) speed split system as per
the attached estimate :fi ,E ie` koiint of "$10; 462.00.
The installation of the air handling unit would be behind
the back. -wall with supply diffusers which would have sufficient
blow to provide adequate air in the facility so as not to detract
from the rustic interior.
If you prefer to have an air distribution system in the peak
roof area of the building, we can install same. in "round pipe"
which can be painted to blend in, giving a rustic theme to the
duct system for an additional $2,225.00. This can be installed
with the equipment or at _a later date if you should decide.
Furthermore we have a credit limit established with our
leasing company for the city in excess of $18,000.00 which X am
sure we can use for the project.
If you have any questions or require any additional informs-
tion related to the above, please do not hesitate to contact the
undersigned at your convenience.
Sincerely,
Spring Ai'Conditioning Inc.
John E. Landry
President
C.C. David Meyers
t
? J�Gtlt TH3 #AiSBiON OF SPRtNQ AIR tNDttlONINO's FIVE STAR iTsRVM
who mN servico all brands of WVAC equipment at 0_01__i OW fo
AYl['�_ .....,..._ .__ .___ lY�-. �.+... .w:,.rrww�w.i.r:w�w.�wrwe►iOWYM
r
ASORT M
APR 1619
CITY MANAGER'S' OFFICE
118 Provide WONY MakAd, 4uslih trotivatsderwironrnNtW eonwitents
mt WUxner bas*. in a mannor that bonds the awio wAv Spring Air
Yxefnend l4erief6 Air Ce11d1110f1in0'tterYlG� ib MOftdiilAda00Ye1t1t6t1Ces1
u.
01 ;06; ? ?8 .0:45 =ROM
i0 66643 ?1
P.e2 /e5
s
c -lde3s MUNC®1!!!f 303 tt9lM summ C<
02- M-1991 15SZ4217 PA92 i
zz= 4 CITY CP so= mum - env%& Nhl= IV== L= TIOH
6130 OPM, )C= FIAWMA 331A4
Z1811CSi ON=
C= Cr SOM KLW
JFZMEB BY: SPRMQ AIR I71CC. SIC= BY: JCEM S. LAW=
DMAIts maxim=
MM" LAIM
sm
001f1719Ci'
8o
i lxcww1C11L
U4 4474
3038 0
0
3® TOM
134 4174
3038 0
0
$SL88 '19170
0.00% 0
118m -11t
12.SOt 559
LBDOIk? mm- w
47.40%
1440
zgunpmw to=-Up
0.00%
0
Ian -VP
0.000
0
5033
"70 0
0
TOM SURM PTCM
9511
PAWIT
10.00+►
951
am
0.00%
0
JCB Wm BiW= a Wa ilNCt+UM
.rover,.
S 10462
NOTE
?. Electrical by electrical contractor.
. 15 1�ZCi1i.
:S.S PIPi 71181 y1T1ZfpR - ��� ^ - ----------------- ..r�..��
SBLRtIPTid1
cm QZOI m=r MaT WE NRMEF AL LAUR EUM TOM SUB
810. Tao
AMY# RMRNIM IOMtKM= PM4 PZ32,
;/8 "OD Aint COBm'COpPj.I M i 8msms
151 400 5260 00 u ME= 30.00 L.B. 0.163 1.43 3.75
0.00
5a8
100% 100% 4.89 42.90 112.47 0.00 155.37
1- 1/810D AM CCPPER,COp%Im 0'��
351 400 5290 00 i3 �CC81
- 30.00 L.F.
10% 100%
In CCPR FM ACR 9Dd, 5/e` CD
151 410 3030 00 U
100% 100%
?IPS CWR MV ACR 9DC 1.1/9" OD
151 419 3060 00 U
100% 100%
ME= 4.00 3k.
0.276
3.15
6.35
0.00
9.50
8.28
94.50
190,44
0.00
284.94
0.421
3.13
4.68
0.00
12.81
1.68
12.52
38.74
0.00
51.26
ME= 4.00 sh. 0.500 5.49- 11.50 0.00 16."
2.00 21.96 46.00 0.00 67.96
17
172
388
0
560 0
15.5 SBl1'IIfC
"----------
-----..��
OBSCR7plI03
Cmw QaLgnT! UgIT
JUN 79►TBSQAT.
LAHOit
LIB /D. Tno
E>p
20M 91M
ARMY# RAIOIDM zwomm
IT
pill PM
1- 1/8'11/2" kUMM ;
-- .."""--
-----
---
_____---
--____ --
155 630 0060 00 U
1E= 30.00 PT.
0.005:
0.55
0.12
0.00
0.67
100% 100a
0.15
16.50
3.45
0.00
21.95
_
0
17
3
0
20
0
15.7 AIR
DS TIT=
� QURW '1'i' U=
Xg M1TMMAL
LAN=
'-
- - --
LM 80. 90
�
S40RL 808
MF8L7# 1
NMI PI=
*157 000 WIO 00 C
10im 1.00 LOT
2.000
50.00 -
46.00
0.00
96000
1001 1002
2.00
50.00
46.00
0.00
96000
i!1'9e•1?98 :5. FROM
C -1493A 1'P>E>DID im RRPOIiT 03- 041991 15:2Ss05 P71� 2
f9C'! i C= a swm IC= - B7 VZA lAE= DO==G LOCA'1 = : 6130 ERW DRM# MIAMI FfCREDA 33144
IA= OMrm t a CITY (W SCM MXhM2
,lTSTI88 Br'. SPRZSG A COmITI0111110 IBC. SRIWM 871 J= B. LAN=
OV8 : R� C8Z7.i110
S7 000 0020 00 C Nam 1.00 i.4T 4.000 0.00 92.00 0.00 92.00
100E 1001L 4.00 0.00 92.00 0.00 92.00
40 mmwz iO A/C are=
157 000 0030 00 C MR= 1.00 LOT 4.000
100% 100% 4.00
108 R -22
155.00
40.25
157 070 0040 00 0
185.00
40.25
-
100%
100%
71m OR32C=R s ALUM
70.00
23.00
157 070 0090 00 U
3270.00
0.00
'
100%
100%
'IALABS DPAXF PAR 0 .35 PER "
OP PERINS II' t
*157 070 0100 00 U
-
100%
100%
OT Place Pm AIR CO®ITIOR1310 amip QP
2157 105 0030 00 U
-
1000
100%
a-Bwm mm 4 BALM=
*137 105 0040 00 U
-
100%
I00%
CGILIUm01 4 DiLry 7
ME= 20.00 L8.
Mom 1.00 Ell.
ri8C81 1.00 SA.
1.00 LOT
0.050
1.00
0.00 92.00
0.00 92.00
1.55 1.15
31.50 23.00
1.750
155.00
40.25
1.75
185.00
40.25
1.000
70.00
23.00
1.00
70.00
23.00
0.000
3270.00
0.00
0.00
3270.00
0.00
1.00 wz 0.000
0.00
•157 l09 0070 00 U itTdcBt 1.00 LOT 4.000
100% 100% 4.00
0.00 0.00
0.00 0.00
0.00 92.00
0.00 x2.00
MEXIC FAM DWT
157 250 0020 00 U M9= 431.00 S/F 0.007 0.16 0.15
- 100% 100% 3.02 68.96 69.39
SIDEUM Can"
*157 460 0010 00 U 1mCRi 4.00 IL. 4.000 25.00 92.00
- IOOt 100% 16.00 100.00 360.00
loam= An 6�LLL8
2157 460 0030 00 9 l01C01 2.00 Bs. 49000
100% lot 5.00
89@9Ri
157 450 0070 00 0 10101 1.00 U. 1.500
- 100% 1001 1.50
cummm An LOOF=
*357 452 0010 00 O mom 1.00 196 3.000
- 100% l00t 3.00
27.00 92900
54.00 184.00
0.00 34.50
0.00 34.50
0.00 92.00
0.00 92.00
0.00 2.73
0.00 54.60
0.00 225.25
0.00 225.25
0.00 93.00
0.00 93.00
0.00 3270.00
0.00 3270.00
0.00 0.00
0.00 0.00
0.00 92.00
0.00 92.00
0.00 0.32
0.00 135.35
0.00- 117.00
0.00 468.00
0.00 119.00
0.00 235.00
0.00 34.50
0.00 34.50
35.00 69.00 0.00 106.00
35.00 69.00 0.00 - 196.00
7.5 'i= SFaV 6TSM ,/C D7:M6
157 730 0080 00 4 18Dm 1.00 M.
24.000
0.00
552.00
0.00
552.00
- 100% 100%
24.00-
0.00
952.00
0.00
51
x,0045 ?:
117
4283
".05405
- 149371
` r=K= JD• 7th'
DITW=N MM
134
02.04 -1991 15:25 :11 PAIR 3
3CT C= OF so= mum - anviA Itl1M= 8[T=330
LO=Icm
6130 smVW 01SV8. HIMI PU3R= 33144
JOB TOTAL I
/xemt
4472
Oifltlnt '
: cm or SOM HIND
7510" 0
ZITtY3 73ls SPRM A= CMTTT?fl I'M IV.
8Y: JOSS 3. LOM
3a'PIDON I8Ot.711S9l8
57 485 0030 00 U
mom
4.00 871.
0.060
0.65
1.38
0.00
2.03
100% 100%
0.24
2.60
5.52
0.00
8.12
a" Vz8Amco I80timm
:57 485 0020 00 U
Ifam
4.00 PA.
0.250
15.00
5.75
0.00
20.75
-
100% 100%
1.00
60.00
23.00
0.00
83.00
" STIW3' OOLbait
157 510 0230 00 V
10 MI
4.00 Sit.
0.170
1.52
3.91
0.00
5.53
-
100% 100%
0.68
6.48
15.64
0.00
22.12
_4" am= CMJ.AR a OAK=
157 610 0380 00 U
Ko=
4.00 BA.
0.200
8.25
4.60
0.00
1245
-
100% 100%
0.80
33.00
19.40
0.00
51.40
iC&V F= DGT FSRW 71iM 14• DIM
157 640 2680 00 D
49
50.00 16.7.
0.200
2.28
4.31
0.00
6.59
1001 100%
10.00
114.00
215.55
0.00
329.55
IX=, M=M Fn=ZAW 1' MCK
FM PA=
157 640 3500 00 U
Q10
431.90 87 SMF
0.071
0.47
1.59
0.00
2.06
-
10% 100%
30.59
202.57
683.69
0.00
886.26
7.5 'i= SFaV 6TSM ,/C D7:M6
157 730 0080 00 4 18Dm 1.00 M.
24.000
0.00
552.00
0.00
552.00
- 100% 100%
24.00-
0.00
952.00
0.00
SS2.00
an TO'M
117
4283
2647
0
6430 0
DITW=N MM
134
4472
3034
0
7510 0
JOB TOTAL I
134
4472
3038
0
7510" 0
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SUB SECTION 20 -4.4 (F) (2) OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, TO AN OFF -
SITE PARKING SPECIAL, LAND USE PERMITTED BY RIGHT;
PROVIDING FOR SEVERAHILITY; ORDINANCES IN CONFLICT; AND
AN EFFECTIVE, DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Developmeni-Lode, 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 off -site short leased parking as a
special use with reasonable quantitative and /or qualitative
5.Landards upon which the Commission would base its initial approval
and use for periodic review;
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) be, and hereby is,
deleted.
Section
2.
Sections- 20 -4.4 (F)
(2)
of
the
Land Development
Code be, and
the
same is, hereby amended
to
add
the
following:
(c) Except a5 provided below, the site where the parking is
Provided shall be bound in fee simple unity of title with
the site where the parking is needed in such a way as to
ensure that the two will remain as one. The instrument by
which unity of title is established shall specify that the
off -site parking area shall never be sold, leased, rented
or otherwise disposed of in a way which would separate it
In title or functionally from the building or structure the
parking area serves. The unity of title instrument shall
be recorded at the expense of the owner and shall run with
the land to bind the heirs, successors and assigns of the
owner who records it. The unity of title instrument may
provide for its own vitiation with the approval of the city
If other satisfactory alternate provisions are made for
off - street parking facilities pursuant to this development
code or relevant amendments thereto. The unity of title
instrument shall. be reviewed by the City Attorney; the City
Commission shall not find it satisfactory if the City
Attorney does not opine that it is.
(d) The instrument by which unity of title is provided may be a
long-term lease rather than fee simple ownership subject to
the following additional standards:
(1) This subsection, Subsection (d), shall be for the
purpose of permitting a more intensive use on a site
than would otherwise be allowed if only the parking
available on site were to be considered. A long term
Tease is required because it is envisioned that
subsi.dntlal Capital. investment may be required to
accommodate such a use. The City has made a
legislative determination that it would be unwise to
allow the right to on-going benefit from such an
investment to be precariously dependent upon a short
term lease.
(2) The lucaation, design and construction of the off -site
spaces will enable them to reasonably accommodate the
parking demands of the use or uses they are intended
to serve.
(3) The failure to fully meet on -site parking needs of a
specific use of property will not result in the
parking needs of that use being met by parking
provided by another, separate use of property to the
detriment of that other separate use
(4) The failure to fully meet on -site parking; needs of a
specific use will not result in the parking needs of
that use being met by either legal or illegal on-
street parking spaces. In other words, on street
parking will not satisfy required parking needs.
(S) The lot where the off -site parking is provided is in a
zoning district in which the use it is intended to
serve could be located.
(6) In addition to the off site parking, there shall be
provided sufficient on -site parking to allow
reasonable utilization of the site for permitted low
intensity uses other than those for which off -site
parking special land use approval is sought. At a
minimum, this standard shall be met only if: (a) the
City Commission, the applicant and the property owner
agree in writing upon the uses to which the',site will
be limited in the event that the off -site parking
ceases to be available; and (b) the site shall be deed
restricted accordingly. The term "suff'',i.cient on-
site parking" as used in this subsection may be
construed to mean no on -site parking in the '',event that
the Aite was fully developed with buildings',at a time
when no on -site parking was required by applicable
codes and ordinances.
(7) The special land use approval shall automatically
expire at the time the lease expires. At that time
any grandfather privilege that might otherwise accrue
to the special land use shall also expire. From that
day forward, no occupational license or occupancy
permit shall be granted or renewed for the subject
special land use unless confirmed by the Commission
with respect to this Ordinance.
(8) The lease by which unity of title is provided Shall be
for a period of at least twenty (20) years from the
date of approval of the special land use by the City
Commission.
(e) The instrument by which unity of title is provided may be a
short -term lease rather than fee simple ownership or a long
term lease, subject to the fallowing additional standards:
3
44 *
(1) This subsection, Subsection (e), shall be for the
purpose of permitting a more intensive use on a site
that would otherwise be allowed if only the parking
available on site were to be considered. A short term
lease is required because it is envisioned that only a
modest capital investment will be required to
accommodate the uses allowed by this section. The
City has made a legislative determination that it
would be unwise to allow the right to on- going benefit
from anything but a modest investment to be
prr.cariou5ly dependent upon a short term lease.
(2) All provisions of subsections (d) (1) through (5)
above shall apply.
(3) All provisions of Subsection (d) above, except the
zequirement (d) (8) above for fee simple ownership,
shall apply.
(4) The lease by which unity of title is provided shall be
fnr- a period of at least two (2) years from the date
of approval. of the special land use by the City
Commission.
(5) Off: -site parking spaces may be provided Via a short
term lease only to accommodate open -air extensions of
otherwise established or approved uses, provided such
extensions require a very small capital investment.
As an example, such extensions might include outdoor
dining areas as extensions of otherwise approved
restaurants.
(6) The special land use approval shall automatically
expire at the time the lease expires. At that time
any grandfather privilege that might otherwise accrue
to the special lard use shall also expire. From that
day forward, no occupational license or occupancy
permit shalt be granted or renewed for the - subject
special land use unless confirmed by the Commission
with respect to this Ordinance.
4
+W
s
lf3 The City Commission shall not grant special land use
approval for off- site parking prior to issuing a written
finding that all requirements set forth herein have been
met. The finding shall be based on substantial and
competent facts which shall be documented in writing.
Findings shall be kept on file and shall be appropriately
considered in the formulation of future findings in order
to help ensure equal treatment for similarly situated
property.
Section 3. If anv section, clause, sentence or phrase of
this ordinaiLcr. is field to be invalid or unconstitutional by any
court of competent 4iurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
Sec_tior, 4_ All Ordinances or parts of Ordinances in conflict
herewith be, and the same are, hereby repealed.
section 5. This Ordinance stall take effect immediately at,the
time of its passage.
PASSED AND ADOPTED this th day of , 1992•
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
5
I
p le:
il,J
F 'Y
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF
"PERSONAL SKILLS INSTRUCTION STUDIO" IN SECTION 20 -2.3;
PERMITTING "PERSONAL SKILLS INSTRUCTION STUDIO" UNDER
SECTION 20 -3.3 (E) OF THE PERMITTkD USE SCHEDULE IN NR
AND GR DISTRICTS; PROVIDING FOR SEVERABILITY, ORDI-
NANCER TN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of--South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use for
a Personal Skills Instruction Studio, such as for arts and
crafts, dance, exercise, martial arts, and /or music in NR and OR \b
districts; and
WHEREAS, the Mayor and City Commission wish to
IT
amend the
Land Development Code to provide for "Personal Skills Instruction
Studio" in NR and GR districts in the permitted use schedule; �
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS he, and hereby
is, amended to add the following: 4-?-- 0,�-
PERSONAL SKILLS INSTRUCTION STUDIO: a business teaching its
clients such skills as arts and crafts, dance, exercise, martial
arts, and /or music.
se,�ion 2. Section 20 -3.3 (E) be, and hereby is, amended
to/'include the following additional uses:
C P
ZONING DISTRICTS 0 A
__-___--- •- _---- ___-- �___-- _-__- _� -__ -- -_- N R
R L M N S G I H D K
0 0 0 R R R S G
Personal Skills
Instruction Studio P P
Section_3,4 If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
/O.
ww
��.,
court of competent iurisdir_tion, then said holding shall in no
way affect the validity of the remaining Portions of thib
Ordinance.
Section All ordinances or parts of Ordinances in
confI.ict herewith be, and the same are, hereby repealed.
Section 5. This Ordinance shall take effect immediately at
the time of its passage.
GASSED AND ADOPTED this th day of
APPROVED:
- ..... ,... .....
..._ . .. .......... __.. .... —._..
MAYOR
ATTEST.
E —1T T CLERK
REAL? AND APPROVED AS TO FORM:
CITY.. ATTORNEY
MARTIN DAVID BERG. P. A.
ATTORNEY AT LAW-
Messrs. Edward L. Magill,
Francis A. C. Sevier and Oswald H.
Magill and Lewis P. A.
7211 S. W. 62nd Avenue, Suite 200
South Miami, Florida 33193
Re:
Gentlemen
It WEST FLAGLER STRUCT
SUITE 003, SISCAYNE BLOC.
MIAMI, FLORIDA 33130
13051371-1631
April 19, 1992
Court'
Magill, Sevier and
Coury
- air conditioning screening
7211 S. W. 62nd Avenue
This is to acknowledge, and in reply to, your letter of April 9,
1992, Specifically, you refer to the ;Notice of Violation dated
April 8,'1992 indicating you are in violation of Code Section 20-
4.6 (D) (2), and advising you have ten clays to correct the
referenced violation.
The procedure followed by the South Miami Code Enforcement Board is
that ;set forth in Chapter 162 of the Florida Statute. If the vio-
lation is not corrected within the specified period of time, the
allegad violator receives a second Notice to appear before the
Code Enforcement Board. At that time, you will have an opportunity
tt7 ble heard before the Code'Rnforcement Board. If the Code Enforce -
M,ent'Roard agrees with you that no violation has taken place, the
matter will end'. If they disagree with you, they will assess a
fine within their statutory authority.
If a fine is assessed by the Code Enforcement Board, it may be
appealed to the Board itself first, and thereafter to the courts as
provided by Florida Statutes.
No fine will he imposed "without hearing" until after the first
violation is determined. Refer to Chapter 162 for a complete
explanation of the procedure.
Very truly yours,
MARTIN DAVID 8ERGF
MDB /sd
cc: Cathy McCann, Mayor
William P. Hampton, City Manager
Sonia Lama, Director, Bldg. & Zoning Dept.
Rev. Rudolph Oriuna Chairman, CEB
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA: AMENDING ORDINANCE 5-91 -
1470 BY PROVIDING A PERIOD OF SEVEN DAYS FOR PERSONS
WHO HAVE FAILED TO EVER OBTAIN AN OCCUPATIONAL LICENSE
TO OBTAIN SUCH LICENSE WITHOUT INCURRING A FINE;
PROVIDING FOR SEVERABIL TY: PROVIDING FOR ORDINANCES IN
(CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance first enacted in 1948, the City of
South Miami, Florida recuired occupational licenses; and
WHEREAS, thereafter in Ordinance 5 -91- 1470, the Citv of
South Miami- imposed a S 300.00 fine for those persons who have
failed to ever obtain an occupational license (as compared to
persons whose license has not been timely renewed);
WHERE AS, the Mayor and Commission now wish to amend the
Ordinances by providing a grace period of seven days from the
date of notification of the failure to obtain such occupational
license within which the person who has failed to obtain such
license may obtain it without fine;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Sub- Section 25 a) of Ordinance 5 -91 -1470 be, and
hereby is, amended to read as follows:
Any person enl;a�,in�; in or managin- anv business,
occupation or profession without ever hay.in; first
obtained a local occupational license, if required
hereunder, s }call be si0ject to a fine of three
hundred ($300.00) dollars in addition to any other
penalty nrovidea by law or ordinance. The foregoing
not withstanding there shall be no fine for those
Persons who, within seven calendar days of the date
of notification of the failure to obtain such
occupational, license, obtain the occupational
license.
Section 2. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
E
conflict herewith be and the same are herebv repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its oassaae
PASSED AND ADOPTED this -th day of 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
o RD I HAITCr "0. 5 -•91- 1470
At* ORDIt ANCE CF THE t!AYOR AND CITY COMMISSION OF TI!E CITY
CF SOUTH "IAXI, FLOPIDA, AMENDING ORDINANCE 1:0. 1F- FC -1C77,
SECTICN 25., FAILUP.E T.0 OBTAII' LICENSE, OF THE CITY OF
SOUTF "IAMI. COPE OF CFDIt'AFCES BY FROVIDINC A FIt'F OF TI!P,EE
FL'NDRED (S30C.CC) UOLLAP.S FOR THOSE OPEt'I ";Ci AND OPERATING A
FUSINESS It' TKE CITY OF SOUTI' "rIA`.!I, FLCp,T -11, '=!'OL'T FIRST
QBTAII'INC THE PEQUIRED CITY OF SCUTI'- "!IAI'I 0C CUP AT10NA'L
LICENSE; PI'OCIDII'C FCR CRDII''t"A'CES OR PARTS OF OFDIt'A'I'CES
It'. CONFLICT AND PROVIDII C AN EFFECTIVE DATE.
1:711EP.EAS, Ordinance No. IF-PO-1077, which was enacted in
198C, provides "a penalty of twenty -five (251) percent of the
license determined to be due in addition to any other penalty
provided by law or ordinance" for those persons engaging in or
managing any business, occupation or profession without first
obtaining a local occupational license.
L-011, TIIEF.EFORE, BF IT ORDAINED, BY TFE t'AYOr , "..;D CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Ordinance No. 1F- FO -1C77 Section 25.,
Failure to Obtain License, of the City of South Miami Code of
Crdinances be and the same is hereby arlended to read as follows:
a) Any person engaging in or managing any business, occupation
or profession without first obtaining a local occupational
licenses if required hereunder, shall be subject to a fine
of three hundred ($300.00)' dollars in addition to any other
penalty provided by law or ordinance.
b) Enforcement procedures for new occupational licenses may
comr.ence upon the City becoming aware of any person
engaging in or r^anaging any business, occupational or
profession, without first obtaining a local occupational
license.
c) Enforcement procedures under this ordinance for
occupational license renewals shall take effect after a
renewal is delinquent 4 months and l day and the foregoing
shall be in addition to all other fines as specified for
licenses not renewed within the specified period of time.
Section 2. All ordinances or parts of ordinances in
conflict_ herewith be and the same are hereby repealed.
Section 3. This ordinance shall take effect ir,.mediately at
the tir-.e of its passage.
PASSED AND ADOPTED this 5th day of March 9 1991,
ATTEST:
CW Clerk
READ AND APPROVED AS TO FORM:
City Attorney
APPROVED:
�� 4C
1,
LL
Mayor
S
:?E
3
EDWARD L.. MAGI-
9
7211 SOUTHWEST 62NO AVENUE
SUITE ZOO
' IiAMI, FLORIOA 33143.
March 23, 1992
Mayor Cathy McCann and Commission Members
c/o Rosemary Wascura, City Clerk
CITY OF SOUTH MIAMI
5130 Sunset Drive
South Miami, FL 33143
Dear Mayor McCann and Commission Members:
1
.MIAMI (3C5) 662 - 9999
EBROWARD 13051 467 3323
FAX (305; 666 0907
We, the owners (Edward L. Magill, Esq., Francis
A.C. Sevier, Esq. and Oswald H. Coury, M.D.) of the real
property located at 7211 S.W. 62 Avenue respectfully request
a hearing before the City Commission on 21 April 1992.
The reason for the request, succinctly stated, is
simply that we do not believe, and we do not believe the
evidence supports the decision of the South Miami Zoning and
Building Board that the provisions of §20 -4.5 of the South
Miami Code requiring the "screening" of exposed machinery
applies to replacement air conditioners which are encased by
the manufacturer is a correct statutory construction. We
contest that construction as totally untenable.
We estimate that the hearing, from our point of
view, will consume about one (1) hour. We request adequate
time to present expert testimony on the issue.
Sincerely yours,
EDWARD
FRANCIS A. C. SEVIER
ELM:mma
cc: Mayor Cathy McCann
Thomas Todd Cooper, Vice Mayor
Commissioner Betty Banks
Commissioner Neil Carver
Commissioner Ann B. Bass
• �2c
:Y, M. D.
t w �
MARTIN 'DAVID BERG. P. A.
ATTORN[Y AT LAW
III We9T FLAOLI;R 6TR99T
GUITL $Oa, eISCAYNE 1L00.
MIAMI. FLORIDA 33130
4061 371.1431
March 5, 1992
Messrs. Edward L. Magill,
Francis A, C. Sevier and Oswald H. Coury
Magill and Levis P. A.
7211 S. W. 62nd avenue
Suite 200
South Miami, Florida 33143
Re: Magill, Sevier and
Coury
- air conditioning screening
7211 S. W. 62nd Avenue
Gentlemen:
This is to acknowledge receipt of your letter of February 28, 1992.
In your letter, you state your "air conditioning contractor,
Classic Air, without (ylour knowledge, authority, agreement or
permission submitted three proposals to the City of South Miami
regarding the screening of these units." However, whatever
difficulty arose between you and your contractor is not the
responsibility of the City of South Miami.
Thcontractor was awaze of the ERPB.Meeting of January 21, 1992
and acted as your apparent representative at that meeting.
Further, I do not understand why you believe air conditioning
machinery on a roof, which machinery is not screened, is not
"exposed machinery ". I agree with the reasoning of the Building
and Zoning Department.
Thus? your next step would be to go before the City Commission to
appeal the administrative decision. In that regard, please contact
Rosemary Wascura, the City Clerk, to schedule your appeal for a
mutually acceptable time If the Commission then agrees with you,
it would reverse the administrative decision and thus resolve the
matter in the manner you believe correct.
Very truly youA
`\ '
MARTIN DAVID BER
MDB /mmi
cc: Sonia Lama, Building and Zoning Director
William F. Hampton, City Manager
Rosemary Wascura, City Clerk
Cathy McCann,, Mayor
l
1
SECTION 20 -4.6 7EVIRONMENTAL REVIEW
20 -4.6 ENVIRONMENTAL REVIEW STANDARDS
The following standards shall be utilized by the Environmental
Review and Preservation Board in their review and evaluation of all
site and landscape plans as required by this Code.
(A) natural Environment
�1) Proposed development shall be designed in such a manner
so as to preserve and protect existing environmentally -
sensitive lands and natural resources, such as and
including soils, ground water, surface water, shorelines,
vegetative communities, fisheries and wildlife habitats.
(2) Natural Landscaping shall be retained, insofar as -s
practical, and additional landscaping shall be added, -f
necessary, to improve the overall visual quality of the
proposed development.
(B) Buildings and other Structures
Proposed structures shall be related harmoniously to the
natural terrain, existing buildings and surrounding
neighborhood.
(C) Circulation.and Parking
(1) with respect to vehicular and pedestrian circulation,
special attention shall be given to the location and
number of access points, general interior circulation,
separation of pedestrian and vehicular traffic and
arrangement of parking areas.
(2) Such areas shall be safe and convenient and not detract
from the design of proposed buildings and neighboring
properties.'
(D) Signs and Storage
(1) The size, location, design, color, texture, lighting and
materials utilized in all proposed exterior signs or
advertising structures shall not detract from the overall
residential ambience of the comsunity or the design of
proposed buildings and surrounding properties.
(2) Exposed storage areas, machinery, service areas, utility
buildings and structures and similar accessary areas and
structures shall be subject to such placements, screen
plantings or other screening methods as shall reasonably
'e required to prevent their being incongruous with the
LDC: existing or contemplated environment and surrounding
properties.
Cityof South Miami
APPLICATION
To be heard
REGULAR CITY COMMISSION MEETING
NAME DATE
ADDRESS:
TELEPHONE NUMBER DURING BUSINESS HOURS: ?'.�',!'/
State reason for which you want to be heard:
f
ADDR-�SS OF PROPERTY:
L
Would you like to meet with a Commissioner: No
Circle the name of the Commissioner:
Cathy McCann Thomas Todd Cooper Betty Banks
Mayor Vice -Mayor Commissioner
Neil Carver Ann B. Bass
Commissioner Commissioner
�U�
{
q -Z/
f
RESOLUTION NO.
cam",
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CIT
MANGER TO DISBURSE THE SUM OF $13,440.30,RE�ENTING
LEGAL OBLIGATIONS INCURRED IN CONJUNCTION WITH COURT
ORDER DATED JANUARY 28, 1991 IN MANDELSTAM ET AL VS.
CITY OF SOUTH MIAMI AND CHARGING THE DISBURSEMENT TO
ACCOUNT NUMBER 04- 1500 -9920: 119ELF INSURANCE FUND
SETTLEMENTS."
WHEREAS, pursuant to Court Order, dated January 28, 1991 in
Mandelstam e_tal. vs. City of South Miami, the Plaintiffs'
Attorney has made formal demand to the city for payment in the
total sum of $13,440.30, representing the $12,500.00 fine,
$820.30 interest, and $120.00 costs; and
WHEREAS, after the entry of the aforesaid Order, the City
engaged Special Counsel to appeal this case; and
WHEREAS, the City's Special Counsel has now advised paying
this amount from the appropriate account, "Self Insurance Fund-
Settlements"; and
WHEREAS, should the City prevail in its appeal now pending
in this case, the Plaintiff will be obliged to reimburse this
sum to the City of South Miami;
NOW, THEREFORE, BE IT RE$OLVED 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 013,440.30A Fine, Jacobson, Schwartz,
Nash, Block & England Trust Account, as Attorneys for Mandelstam
et 1. in payment of $120500.00 fine, $820.30 interest, and
$120.00 Court Costs.
Section 2. That the disbursement be charged to account
number 04 -1500 -9920: "Self Insurance Fund - Settlements ".
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR - - -
.,'1-7�w' � <. ,.uyk '"'e, ..R .• .m�... ., m � ., .., aPR.. "h'n£_u?:^ "w.sn ':3F+4 .u- -^
.. WA
� CityofSouth Miami
APPLICATION
To be heard
REGULAR CITY COMMISSION MEETING
NAME: �� I ��, 1 mti DATE
ADDRESS: =4 LC' -- LaSUCe c (n G
Cc>,�-c�_t Gc,, VI. es, itch , -�,- 2��
TELEPHONE NUMBER DURING BUSINESS HOURS:
-
State reason for which you want to be heard: {
: S
ADDRESS OF PROPERTY:
Would you like to meet with a Commissioner: Yes' No
Circle the name of the Commissioner:
Cathy McCann Thomas Todd Cooper
Mayor Vice- Mayor
Neil Carver Ann B. Bass
Commissioner Commissioner
Betty Banks
Commissioner