03-05-91OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
MARCH 5, 1991
7:30 P.M.
A. Invocation
B. Pledge of Allegiance
C. Presentations:
D. Items for Commission
Next Resolution: 18 -91 -9092
Next Ordinance: 15 -91 -9089
Next Commission Meeting: 3/19/91
to the Flag of the United States of America
Consideration:
1. Approval of minutes of March 5, 1991
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
amending Ordinance 18 -80 -1077, Section 25., failure to obtain License of the City
of South Miami Code of Ordinances by providing a fine of three hundred (S300.00)
dollars for those opening and operating a business in the city of South Miami, FL,
without first obtaining the required City of South Miami Occupational License;
providing for ordinances or parts of ordinaDcU in conflict and providing an
effective date: (Mayor McCann) _ �_ /�` l 3/5
5. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida
relating to the spacing distance and protection of trees in the Publice Rights -
of -Way and parks in the City of South Miami, Florida; establishing a tree
committee; providing for size and species of park and street trees; providing
for severability; providing for Ordinances in conflict and providing an effective
date. ,j Ir / J(� (Mayor McCann) G��,d 3/5
uG �-
RESOLUTIONS FOR PUBLIC HEARING: v (_,L�`, ' G1�
6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida,
Code -- ermit— l6.�.p�a��-rka -n s- a,.,� „►,or �� ,,��,;_..�.
nl a! o and J a special use permi t for any
1 r .. C u'rr -t.0 rvT— crr.�a v
�. eating place in the GR (General Retail) District, as specified in Section 20 -3.3
V/ (E) of the Land Development Code of the City of South Miami; both requests by
Marshall sober, from the Planning Board of the City of South Miami, Florida for
the property known as 5820 SW 40 Street, South Miami, Florida 33143, and legally
described herein. (Planning Board /Administration) 4/5
RESOLUTIONS: 91— S(� Y5—
1�
7. A Resolution appointing John Sauvigne to the Code Enforcement Board.
� y (Mayor Mann) �Ct 3/5
�20 - 9
8. A Resolution authorizing the p rchase of ath etic equipment for a total price
not to exceed S16,936.43 by the Recreation Department and providing for
disbursement from Account No. 2000 -5630 "Football /Cheerleaders ".
(Administr ion) 3/5
2 - q09
9. A Resolution establishing a deferred compensation plan for designated
employees. __II (Administra on) /_ 4/5
10. A Resolution authorizing the City Manager to enter into a lease purchase
agreement with Spring Air Conditioning, Inc., for air conditioning for
City Hall for a lease purchase cost of 541,328.00 and providing for
disbursement from Account No. 2100 -4410 "Lease Purchase ".
cl � S 1 _ 5 (Administration) 4/5
11. A Resolution authorizing the purchase of 11 chairs from Pride of Florida for
the Commission Chambers for a total price not to exceed $3,385 and providing
for disbursement from Account No. 01- 0245.000, "Reserve Encumbrances" and
01- 0219.450, "Escrow- Commission Chamber Chairs ". (Administration) 3/5
W
RESOLUTIONS /CONTINUED:
1 =. A Resolution authorizing the ourcnase of asphaltic contrete from Pan
American Construction Company, for the Public Works Department for a total
price not to exceed 517,000 and providing for disbursement from Account
No. 1730 -4640, "Resurfacing of Streets ". (Administration) 3/5
19.An Ordinance providing a definition of convenience stores in Section 20 -2.3;
providing for convenience store under Section 20- 3.3(D) of the permitted
use schedule as accessory special uses to gasoline service stations;
providing for special use requirements under Section 20- 3.4(B) by amending
subsection (5); providing for severability; ordinances in conflict and an
effective date. (Comm. Cooper) 4/5
c,
20. An Ordinance amending the Land Development Code by providing a definition Cr�r�'r, /�
of "Mobile Automobile Wash /'Wax Service" in Section 20 -2.3; providing for 1
mobile automobile wash /wax service under Section 20- 3.3(D) of the permitted ,�n:
use schedule as a special use; providing for special use requirements under 1�
Section 20- 3.4(B) by adding a new subsection (20); providing for severability;
ordinances in conflict and an effective date. (Vice -Mayor Carver) 4/
21. An Ordinance amending Chapter 12 of the Code of Ordinances to provide an (�
additional Section 12 -15 prohibiting the use of leaf blowers or other similar
devices to blow or place trash and /or refuse on public rights -of -way or 1
adjacent property; providing for ordinances in conflict; severability and an
effective date. �- �_I/ (Mayor McCann) 3/5
. �'�� �'� iii' 22. An Ordinance amending, under Section 20- 4.4(I) o the Land Development Code
of the City of South Miami, to provide for interim parking arrangements;
providing for severability; ordinances in conflict and an effective date.
(Comm. Cooper) 4/5
13. A Resolution appointing Jerrell Birdwell as a member of the City of South *'r\
Miami Tree Committee to serve insuch capcity until March 1, 1994, or until
a successor is duly qualified and appointed.; r-, (Mayor McCann)
3/5
14. A Resolution appointing Pete Lahanas as a member of the City of South Miami
Tree Committee to serve in such capacity until March 1, 1993, or until a
successor is duly qualified and appointed. ;. Y (Mayor McCann)
3/5
15. A Resolution appointing Doris Rosebraugh as a member of the City of South
Miami Tree Committee to serve in such capacity u til March 1, 1994, or until
a successor is duly qualified and appoi to d,,,, �.Oayor McCann)
3/5
16. A Resolution appointing Peter Strelkow as a member of the City of South
Miami Tree Committee to serve in such capacity until March 1, 1993, or until
a successor is'duly qualified and appointed. qIo I (Mayor McCann)
3/5
17. A Resolution appointing Lorie Yanoshik as a member of the City of South
Miami Tree Committee to serve in such capacity until March 1, 1993, or until
a successor is duly qualified and appointed. (Mayor McCann)
3/5
ORDINANCES - FIRST READING: J ( T ,�
U
18. An Ordinance amending the Land Development Code of the City by providing for
new or unlisted uses of a similiar nature to be added to the permitted use
schedule by the City Commission upon the recommendation of the Director of
Community Affairs under Section 20 -1 by adding a new subdivision (E);
providing for severability; ordinances in conflict and an effective date.
(Mayor McCann)
3/5
19.An Ordinance providing a definition of convenience stores in Section 20 -2.3;
providing for convenience store under Section 20- 3.3(D) of the permitted
use schedule as accessory special uses to gasoline service stations;
providing for special use requirements under Section 20- 3.4(B) by amending
subsection (5); providing for severability; ordinances in conflict and an
effective date. (Comm. Cooper) 4/5
c,
20. An Ordinance amending the Land Development Code by providing a definition Cr�r�'r, /�
of "Mobile Automobile Wash /'Wax Service" in Section 20 -2.3; providing for 1
mobile automobile wash /wax service under Section 20- 3.3(D) of the permitted ,�n:
use schedule as a special use; providing for special use requirements under 1�
Section 20- 3.4(B) by adding a new subsection (20); providing for severability;
ordinances in conflict and an effective date. (Vice -Mayor Carver) 4/
21. An Ordinance amending Chapter 12 of the Code of Ordinances to provide an (�
additional Section 12 -15 prohibiting the use of leaf blowers or other similar
devices to blow or place trash and /or refuse on public rights -of -way or 1
adjacent property; providing for ordinances in conflict; severability and an
effective date. �- �_I/ (Mayor McCann) 3/5
. �'�� �'� iii' 22. An Ordinance amending, under Section 20- 4.4(I) o the Land Development Code
of the City of South Miami, to provide for interim parking arrangements;
providing for severability; ordinances in conflict and an effective date.
(Comm. Cooper) 4/5
REMARKS:
I. Alan S. Gold, Esquire, to address the Commission to discuss the initiation of a
Comprehensive Plan Amendment for the Bakery Centre project.
II. Ms. Claire Leiner to address the Commission relative to the cable television
company that serves South Miami.
You are hereby advised that if any person desires to appeal any decision with
respect to any matter considered at this meeting or hearing, such person will need
to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is based.
�G
Y \�V
FICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
MARCH 5, 1991
7:30 P.M.
A. Invocation
B. Pledge of Allegiance
C. Presentations:
D. Items for Commission
.�
Next Resolution: 18 -91 -9092
Next Ordinance: 15 -91 -9089
Next Commission Meeting: 3 /19/91
to the Flag of the United States of America
Consideration:
1. Approval of minutes of March 5, 1991
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An-Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
amending Ordinance 18 -80 -1077, Section 25., failure to obtain License of the City
of South Miami Code of Ordinances by providing a fine of three hundred ($300.00)
dollars for those opening and operating a business in the city of South Miami, FL,
without first obtaining the required City of South Miami Occupational License;
providing for ordinances or parts of ordinance-s in conflict and providing an
effective date. �- (Mayor McCann) �_ /�( 3/5
5. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida
relating to the spacing distance and protection of trees in the Publice Rights -
of -Way and parks in the City of South Miami, Florida; establishing a tree
committee; providing for size and species of park and street trees; providing
for severability; providing for Ordinances in conflict and providing an effective
date. (Mayor McCann) t� ' 4 3/5'
RESOLUTIONS FOR PUBLIC HEARING:
6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida,
n n De -u�lme n
.deny- i- ng- t°egttes-t - � nc- e= f-r- v�ir- .�.-- �v =4r4•- �
Code_of t- h-e�&i-ty- t Miami--toper -mit 1. 6_par-ki- ng- spas-,esw#e -r- r44-ng
�paees- �t�- requ►- for- an= eatin^ ^�� ^e a ^� nor a special use permit for an
eating place in the GR (General Retail) District, as specified in Section 20 -3.3
(E) of the Land Development Code of the City of South Miami; both requests by
Marshall sober, from the Planning Board of the City of South Miami, Florida for
the property known as 5820 SW 40 Street, South Miami, Florida 33143, and legally
described herein. (Planning Board /Administration) 4/5
RESOLUTIONS: )(q - o
1
7. A Resolution appointing John Sauvigne to the Code Enforcement Board.
_C, , (Mayor MpCann) ���� 3/5
8. A Resolution authorizing the p rchase of athletic equipment for a total price
not'to exceed 516,936.43 by the Recreation Department and providing for
disbursement from Account No. 2000 -5630 "Football /Cheerleaders ".
(Administra ion) 3/5
50 q
9. A Resolution establishing a deferred compensation plan for designated
employees. (Administra on) 9 4/5
-'a fie, (�'Ll9�vny� � -- / �C� I
10. A Resolution Ohorizing the City Manager to enter into a lease purchase
agreement with Spring Air Conditioning, Inc., for air conditioning for
City Hall for a lease purchase cost of S41,328.00 and providing for
disbursement from Account No. 2100 -4410 "Lease Purchase ".
Q� Q (Administration) 4/5
11. A Resolution authorizing the purchase of 11 chairs from Pride of Florida for
the Commission Chambers for a total price not to exceed $3,385 and providing
for disbursement from Account No. 01- 0245.000, "Reserve Encumbrances" and
01- 0219.450, "Escrow- Commission Chamber Chairs ". (Administration) 3/5
RESOLUTIONS /CONTINUED:
C'�4 -QI- 9,
12. A Resolution authorizing the ourchase of asphaltic contrete from Pan
American Construction Company, for the Public Works Department for a total
price not to exceed 517,000 and providing for disbursement from Account
No. 1730 -4640, "Resurfacing of Streets ". (Administration) 3/5
ORDINANCES - FIRST READING: 1
18. An Ordinance amending the Land Development Code of the City by providing for
new or unlisted uses of a similiar nature to be added to the permitted use
schedule by the City Commission upon the recommendation of the Director of
Community Affairs under Section 20 -1 by adding a new subdivision (E);
providing for severability; ordinances in conflict and an effective date.
(Mayor McCann) 3/5
19.An Ordinance providing a definition of Ionvenience store" in Section 20 -2.3; '
providing for convenience store under Section 20- 3.3(D) of the permitted
use schedule as accessory special uses to gasoline service stations;
providing for special use requirements under Section 20- 3.4(B) by amending
subsection (5); providing for severability; ordinances in conflict and an
effective date. (Comm. Cooper) 4/5
20. An Ordinance amending the Land Development Code by providing a definition
of "Mobile Automobile Wash /'Wax Service" in Section 20 -2.3; providing for
mobile automobile wash /wax service under Section 20- 3.3(D) of the permitted
use schedule as a special use; providing for special use requirements under
Section 20- 3.4(B) by adding a new subsection (20); providing for severability;
ordinances in conflict and an effective date. (Vice -Mayor Carver) 4/
21. An Ordinance amending Chapter 12 of the Code of Ordinances to provide an
additional Section 12 -15 prohibiting the use of leaf blowers or other similar
devices to blow or place trash and /or refuse on public rights -of -way or
adjacent property; providing for ordinances in conflict; severability and an
effective date. .d Mayor McCann)
22. An Ordinance amending, under Section 20- 4.4(I) of the Land Development Code
of the City of South Miami, to provide for interim parking arrangements;
providing for severability; ordinances in conflict and an effective date.
(Comm. Cooper)
N
3/5
4/5
13. A Resolution appointing Jerrell
Birdwell as a
member of the City of South
Miami Tree Committee to serve
insuch capcity until March 1, 1994, or until
a successor is duly qualified
and ap�in ted.n I
/ e (Mayor McCann)
3/5
14. A Resolution appointing Pete
Lahanas as a member of the City of South Miami
Tree Committee to serve in such
capacity until
March 1, 1993, or until a
successor is duly qualified and
appointed._ qI
�,i^n (Mayor McCann)
3/5
15. A Resolution appointing Doris
Roseiraugh as a
member of the City of South
Miami Tree Committee to serve
in such capacity
and appointed
u til March 1, 1994, or until
McCann)
3/5
a successor is duly qualified
r'- — q I
Mayor
16. A Resolution appointing Peter
,�_
Strelkow as a member of the City of South
Miami Tree Committee to serve
in such capacity
until March 1, 1993, or until
a successor is duly qualified
and appointed.l
(Mayor McCann)
3/5
17. A Resolution appointing Lorie
Yanoshik as member of the City of South
Miami Tree Committee to serve
in such capacity
until March 1, 1993, or until
a successor is duly qualified
and appointed.
(Mayor McCann)
3/5
ORDINANCES - FIRST READING: 1
18. An Ordinance amending the Land Development Code of the City by providing for
new or unlisted uses of a similiar nature to be added to the permitted use
schedule by the City Commission upon the recommendation of the Director of
Community Affairs under Section 20 -1 by adding a new subdivision (E);
providing for severability; ordinances in conflict and an effective date.
(Mayor McCann) 3/5
19.An Ordinance providing a definition of Ionvenience store" in Section 20 -2.3; '
providing for convenience store under Section 20- 3.3(D) of the permitted
use schedule as accessory special uses to gasoline service stations;
providing for special use requirements under Section 20- 3.4(B) by amending
subsection (5); providing for severability; ordinances in conflict and an
effective date. (Comm. Cooper) 4/5
20. An Ordinance amending the Land Development Code by providing a definition
of "Mobile Automobile Wash /'Wax Service" in Section 20 -2.3; providing for
mobile automobile wash /wax service under Section 20- 3.3(D) of the permitted
use schedule as a special use; providing for special use requirements under
Section 20- 3.4(B) by adding a new subsection (20); providing for severability;
ordinances in conflict and an effective date. (Vice -Mayor Carver) 4/
21. An Ordinance amending Chapter 12 of the Code of Ordinances to provide an
additional Section 12 -15 prohibiting the use of leaf blowers or other similar
devices to blow or place trash and /or refuse on public rights -of -way or
adjacent property; providing for ordinances in conflict; severability and an
effective date. .d Mayor McCann)
22. An Ordinance amending, under Section 20- 4.4(I) of the Land Development Code
of the City of South Miami, to provide for interim parking arrangements;
providing for severability; ordinances in conflict and an effective date.
(Comm. Cooper)
N
3/5
4/5
REMARKS:
I. Alan S. Gold, Esquire, to address the Commission to discuss the initiation of a
Comprehensive Plan Amendment for the Bakery Centre project.
II. Ms. Claire Leiner to address the Commission relative to the cable television
company that serves South Miami.
You are hereby advised that if any person desires to appeal any decision with
respect to any matter considered at this meeting or hearing, such person will need
to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is based.
FOI;U
qi,
0'
�� eU,\
I
ORDINANCE NO.
AN 02DINANCE OF THE XAYOR AND CITY COMMISSION OF TILE CITY
OF SOUTH VIAN'.I, FLORIDA, AMENDING ORDINANCE NO. 18 -PO -1077,
SECTION' 25., FAILURE TO OBTAIN LICENSE, OF THE CITY OF
SOUTH N'IAN!I CODE OF ORDINANCES BY PROVIDING A FI:'E OF THREE
HUNDRED (S300.CC) DOLLARS FOR THOSE OPENING AND OPERATING A
BUSINESS IN THE CITY OF SOUTH MIAMI, FLORIDA, 11ITHOUT 'FIF..ST
OBTAINING THE REQUIRED CITY OF SOUTH N:IAIII OCCUPATIONAL
LICENSE; PROVIDING FOR ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 18 -80 -1077, which was enacted in
1980, provides "a penalty of twenty -five (25) 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.
1'014, TIIF.REFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Ordinance No. 18 -PO -1077 Section 25.,
Failure to Obtain License, of the City of South Miami Code of
Ordinances he and the same is hereby amended to read as follows:
Any person engaging in or managing any business, occupation
or profession without first obtaining a local occupational���.
license, 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. OV
Section 2. Enforcement procedures under this ordinance -A
shall take effect after a renewal is delinquent 4 months and 1
day andAfine shall ,'ns1u1de all other fines as specified for
licenses not renewed within the specified period of time.
Section,*. All ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVE AS TO FORM:
CITY ATTORNEY
v
o L
, 1991.
APPROVED:
MAY 0R
t"
�` 7
t,
1
w
ORDIVANCE 110.
AF ORDINANCE OF TPE f'AYOR Al:D CITY COMMISSION OF TI;E CITY
OF SOUTI: l'IAMI, FLORIDA, RELA'_INC TO T1IE SPACING DISTAL ?CF
AND PROTECTION OF TREES IN; THE PUBLIC RICHTS -OF -WAY AND
PARKS IN THE CITY Or SOUTF MIA11I. FLORIDA; ESTABLISUING'A
TREE COM11ITTEE; PROVIDING FOR SIZF. Af'D SPECIES OF PARK Af:D
STREET TREES; PROVIDING FOP. SEVERABILITY; PRO17IDIIIC FOR
ORDINANCES IN CONFLICT AND PROVIDING All EFFECTIVE DATE.
F:HEREAS, trees provide a setting with a variety of color
unsurpassed in shade and hue; and
WIIERFAS, trees are an invaluable physiological counterpart
to the man -made urban setting; and
WHEREAS, trees absorb a high percentage of carbon dioxide
and return oxygen, a vital ingredient to life; and
t• ?I ?FRFAS, the City of South ;Miami recognizes that trees on
public property are valuable contributors to the City's
environment; and
WHEREAS, the City Commission of the City of South 1-liami has
determined that the protection of trees on public property within
the City of South Miami is not only desirable, but essential to
the present and future health, safety and welfare of all
citizens.
NOV, TI;EREFORE, BE IT ORDAINED BY THE MAYO£ AND CITY
COMMISSION OF THE CITY OF SOUTH M AMI, FLORIDA:
Section 1. DEFINITIONS
Street trees: "Street trees" are herein defined as trees,
shrubs, bushes and all other woody vegetation on land lying
between property lines on either side of all streets, avenues or
ways within the City.
Park trees: "Park trees" are herein defined as trees, shrubs,
bushes and all other woody vegetation in public parks having
individual names and all areas owned by the City or to which the
public has free access as a park.
Section 2.
CREATION AND ESTABLISHMENT OF A CITY TREE
COMMITTEE
~ There is herely created and established a City Tree Committee for
the City of South Miami which shall consist of five members,
citizens and residents of the City, who shall be appointed by the
Mayor with the approval of the Commission.
Section 3. TERM OF OFFICE
The term of the five persons to be appointed by the Mayor, with
the consent of the Commission, shall be three years except that
th.e• term of two of the members appointed to the first Committee
shall be for only one year 'and the term of two of the members of
the first Committee shall be for two years. In the event that
vacancy shall occur during, the tern; of any member, his /her
successor shall be appointed for the unexpired portion of that
Section 4. COMP FVSGTI01'
Vembers of the Committee shall serve without compensation
Section. 5. DUTIES AND FFSPONSIP.ILITIF.S
It shall be the responsibility of the Committee to study,
investigate, counsel, and develop and /or update annually, an.d-
administer a written plan for the care, preservation, Fruning,
planting and replanting removal or disposition of trees and
shrubs in parks, along, streets and in other pudic areas. Such
plan wi11 1e presented annually to the City Commission and, upon
their acceptance and approval, shall constitute the official
comprehensive tree plan for the City of South Miami, Florida.
The Committee, when requested by the City Commission, shall
consider, investigate, make finding, report and recommer,P upon
any special matter of question coming within the scope of the
work.
The Committee shall act only in an advisory capacity and the City
Commission is not bound by their recommendations.
SECTION 6. OPERATION
The Committee shall choose its own Chair and Vice-ChairwGla and
regulations and keep a of its findings. A majority of
the members shall be a�quuo`ruu1 to the transaction of business.
Section 7. STREET TREE SPECIES AND SPACING 1/� �ww
The Tree Committee shall have a further responsibility to
designate the desired spacing and species.
Section DISTANCE FROM CUPB AP':D SIDEWALK
The distance trees may be planted from curbs or curblines and
sidewalks will be in accordance with the three species size
classes listed in Section 7 of this ordinance and no trees may be
planted closer to any curb or sidewalk than the following:
Small trees: 2 feet
Medium trees: 3 feet
Large trees: 4 feet
Section 0. DISTANCE FROM STREET CORNERS ARID FIREPLUGS
No Street Tree shall be planted closer than 20 feet of any street
corner, measured fror the point of nearest intersecting curbs or
curblines. No Street Trees shall to planted closer than 10 feet
of any fireplug. —,,� /
Section-I<. PUBLIC TREE CARE 1�C�J/
The City shall have the right to plant, prune, maintain, and
remove trees, plants and shrubs within the lines of all streets,
alleys, avenues, lanes, squares and public
necessary to insure public safety or tor- e-serve or enhance the
symmetry -and beauty of such public grounds. Til
C o n
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w 1iT\1T -:
�es t r
t plantin of Stre
p vie
a it Sect'o �t
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Section 4. COMP FVSGTI01'
Vembers of the Committee shall serve without compensation
Section. 5. DUTIES AND FFSPONSIP.ILITIF.S
It shall be the responsibility of the Committee to study,
investigate, counsel, and develop and /or update annually, an.d-
administer a written plan for the care, preservation, Fruning,
planting and replanting removal or disposition of trees and
shrubs in parks, along, streets and in other pudic areas. Such
plan wi11 1e presented annually to the City Commission and, upon
their acceptance and approval, shall constitute the official
comprehensive tree plan for the City of South Miami, Florida.
The Committee, when requested by the City Commission, shall
consider, investigate, make finding, report and recommer,P upon
any special matter of question coming within the scope of the
work.
The Committee shall act only in an advisory capacity and the City
Commission is not bound by their recommendations.
SECTION 6. OPERATION
The Committee shall choose its own Chair and Vice-ChairwGla and
regulations and keep a of its findings. A majority of
the members shall be a�quuo`ruu1 to the transaction of business.
Section 7. STREET TREE SPECIES AND SPACING 1/� �ww
The Tree Committee shall have a further responsibility to
designate the desired spacing and species.
Section DISTANCE FROM CUPB AP':D SIDEWALK
The distance trees may be planted from curbs or curblines and
sidewalks will be in accordance with the three species size
classes listed in Section 7 of this ordinance and no trees may be
planted closer to any curb or sidewalk than the following:
Small trees: 2 feet
Medium trees: 3 feet
Large trees: 4 feet
Section 0. DISTANCE FROM STREET CORNERS ARID FIREPLUGS
No Street Tree shall be planted closer than 20 feet of any street
corner, measured fror the point of nearest intersecting curbs or
curblines. No Street Trees shall to planted closer than 10 feet
of any fireplug. —,,� /
Section-I<. PUBLIC TREE CARE 1�C�J/
The City shall have the right to plant, prune, maintain, and
remove trees, plants and shrubs within the lines of all streets,
alleys, avenues, lanes, squares and public
necessary to insure public safety or tor- e-serve or enhance the
symmetry -and beauty of such public grounds. Til
C o n
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�,
O
w 1iT\1T -:
�es t r
t plantin of Stre
p vie
a it Sect'o �t
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Section %1. TREE TOPPING
It shall be unlawful except as hereinafter provided, for any
person to engage in topping of any Street Tree, Park Tree or
other tree on public property. Topping is defined as the severe
cutting back of limbs to stubs larger than three inches in
diameter within the tree's crown to such a degree so as to remove
the normal canopy and disfigure the tree. Trees severely daraged
by storms or other uses or certain trees under utility wires or
other obstructions where other pruning practices are impractical
may be exempt from this ordinance at the determination of the
City Tree Committee.
Section 1.2...p PP.UNIrG, CORNER CLEARANCE
Every owner of any tree overhanging, any street or right -of -way
within the City shall prune the branches so that such branches
shall not obstruct the light from any street lamp or obstruct the
view of any street intersection and so that there shall be a
clear space of eight feet (E') above the surface of the street or
sidewalk. Said owners shall remove all dead, diseased or
dangerous trees or broken or decayed limbs which constitute a
menace to the safety of the public. The City shall have the
right to prune any tree or shrub on private property when it
interferes with the proper spread of light along the street from
a street light, or interferes with visibility of any traffic
control device or sign and the City shall have the right to be
reimbursed for all costs incurred.
Section I�-� DEAD OR DISEASED TREE REMOVAL ON PRIVATE
PROPERTY
The City shall have the right to cause the removal of any dead or
diseased trees on private property within the City when such
trees constitute a hazard to life and property, or harbor insects
or disease which constitute a potential threat to other trees
within the City. The City will notify, in
writing, the owners of such trees. Removal shall be done by said
owners at their own expense within the sixty (60) days after the
date of service of notice. In the event of failure of owners to
comply with such provisions, the City shall have the authority to
remove such trees and charge the cost of removal on the owners of
the property. .,-
Section l'k-. REVIEW BY CITY CO "MVISSION A4
The City Comnission shall have the right to ren the conduct,
acts and decisions of the City Tree Committee. person may
appeal from any ruling or order of the City Tr mr1ittee to the
City Commission who may hear the matter and make the final
decision.
Section T5 � PENALTY
Any.person violating any provision of this ordinance shall be
subject to a fine fot to exceed $500.00.
Section i`�„
If any section, sentence, clause or phrase of this ordinance is
Oeold 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.
� Y
� t
K
Sect ion &.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section
This ordinance shall take effect ir.medintely at the time of its
passage.
PASSED AND ADOPTED this day of
ATTEST:
City e r
READ AND APPROVED AS TO FOM!:
i y Attorney
1991.
APPROVED:
Mayor
. T
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DENYING REQUESTS FOR A
VARIANCE FROM SEC. 20 -4.4 (B)(7) OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PERMIT
16 PARKING SPACES WHERE 23 PARKING SPACES ARE REQUIRED
FOR AN EATING PLACE AND FOR A SPECIAL USE PERMIT FOR AN
EATING PLACE IN THE GR (GENERAL RETAIL) DISTRICT, AS
SPECIFIED IN SECTION 20 -3.3 (E) OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI; BOTH REQUESTS BY
MARSHALL SOBER, FROM THE PLANNING BOARD OF THE CITY OF
SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS
S.W. 40th STREET, SOUTH MIAMI, FLORIDA 3314 , D
LEGALLY DESCRIBED HEREIN
WHEREAS, Marshall Sober requested the Planning Board of the
City of South Miami as follows:
(1) a variance from Sec. 20 -4.4 (B)(7) of the Land Development
Code of the City of South Miami, Florida to permit 16 parking
spaces where 23 parking spaces are required for an eating place;
(2) a Special Use Permit for an Eating Place in the GR (General
Retail) district, as specified in Sec. 20 -3.3 (E) of the Land
Development Code;
both requests for the property known as 5820 S.W. 40th Street,
South Miami, Florida 33143, which property is legally described
as follows:
Lots 11 and 12, less the North 20 feet
thereof, WESTERFIELD MANOR, according to the
plat thereof as recorded in Plat Book 27 at
Page 9 of the Public Records of Dade County,
Florida.
WHEREAS, on February 12, 1991 the Planning Board voted to
deny request no. 1 by a 4 - 1 vote and to deny request no. 2 by
a 4 - 1 vote; and
WHEREAS, the City Commission-Staff Report recommended
denial of all requests;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
V i
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Section 1. That reauest no. 1 of Marshall Sober for a
variance from Sec. 20 -4.4 (B)(7) of the Land Development Code of
the City of South Miami, Florida to permit 16 parking spaces
where 23 parking spaces are required for an eating place for the
property known as 5820 S.W. 40th Street, South Miami, Florida
33143, be, and the same hereby is, denied.
Section 2. That request no. 2 of Marshall Sober for a
Special Use Permit for an Eating Place in the GR (General Retail)
district, as specified in Sec. 20 -3.3 (E) of the Land
Development Code for the property known as 5820 S.W. 40th Street,
South Miami, Florida 33143, be, and the same hereby is, denied.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
th day of March, 1991.
APPROVED:
MAYOR
2
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City of South Miami
6130 Sunset Drive. South Miami. Florida 33143
A G E N D A
3P 1a.nr1 .ir1 g Board
Tuesday
Febryary 12, 1991
Commissioners' Chambers
7:30 PM
A. Call to order and the Pledge of Allegiance to the Flag of the
United States of America.
B. Roll Call.
C. Approval of the Minutes of January 29, 1991.
D. Public Hearings.
Applicant:- Marshall Sober
Request #1: Variance from Section 20 -4.4 (B)(7) of the Land
Development Code to permit 16 parking spaces where
23 parking spaces are required for an Eating Place.
Request #2: Special Use Permit for an Eating Place in the GR
(General Retail) District, as specified in Section
20 -3.3 (E) of the Land Development Code.
Legal: Lots 11 and 12, less the north 20 feet thereof,
Block 1, WESTERFIELD MANOR, according to the plat
thereof as recorded in Plat Book 27 at Page 9 of the
Public Records of Dade County, Florida.
Location: 5820 SW 40 Street
South Miami, Florida 33155
E. Remarks: Board Discussion of future Workshop Meeting.
F. Adjournment.
You are hereby advised that if any person desires to appeal
any decision made with respect to any matter considered at these
hearings, such person will need a record of the proceedings, and
for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based (F.S. 286.0105).
"City of Pleasant Living"
• � r
1
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, February 12, 1991, at 7:30 P.M. in the Commissioners'
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matter.
WISWACOWPA
Applicant: Marshall Sober
Request #1: Variance from Section 20 -4.4 (13)(7) of the Land
Development Code to permit 16 parking spaces where
23 parking spaces are required for an Eating Place.
Request #2: Special Use Permit for an Eating Place in the GR
(General Retail) District, as specified in Section
20 -3.3 (E) of the Land Development Code.
Legal: Lots 11 and 12, less the north 20 feet thereof,
Block 1, WESTERFIELD MANOR, according to the plat
thereof as recorded in Plat Book 27 at Page 9 of the
Public Records of Dade County, Florida.
Location: 5820 SW 40 Street
South Miami, Florida 33155
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO 13E BASED. (F. S. 286. 0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
AT A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
ZONING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
PLANNING BOARD
PSBIOO -7 Bz REV. 12-9-81 THIS IS A COURTESY NOTICE
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MUTU MIAMI PLANNING. 50ARD hearing No. +.��00r
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OWNER:
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MUTU MIAMI PLANNING. 50ARD hearing No. +.��00r
S TAF F RE PORT
PB -91 -002
February 8, 1991
Applicant: Marshall Sober
Request #1: Variance from Section 20 -4.4 (B)(7) of the Land
Development Code to permit 16 parking spaces where
23 parking spaces are required for an Eating Place.
Request #2: Special Use Permit for an Eating Place in the GR
(General Retail) District, as specified in Section
20 -3.3 (E) of the Land Development Code.
Legal: Lots 11 and 12, less the north 20 feet thereof,
Block 1, WESTERFIELD MANOR, according to the plat
thereof as recorded in Plat Book 27 at Page 9 of the
Public Records of Dade County, Florida.
Location: 5820 SW 40 Street
South Miami, Florida 33155
ANALYSIS
The applicant is the owner of the property and wishes to lease
the property for a restaurant use; however, the site does not have
sufficient area for the parking required for a restaurant use. The
property is not irregular or unusual. The applicant is permitted
by code to apply for a Special Use Permit.
RECOMMENDATION•
Staff does not recommend approval.
M 2 N U T E S 1#41*t
Plarind.rig Board
Tuesday
February 12, 1991
Commissioners' Chambers
7:30 PM
A. Call to order and the Pledge of Allegiance to the Flag of the
United States of America.
B. Roll Call.
Larry Ligammare
Robert Parr
Diana Gonzalez
Manuel Gutierrez, Jr.
John Lef ley
Paul Eisenhart
Sharon Jenkins
C. The Minutes of January 29, 1991 were approved with additions.
Motion to approve made by Ms. Gonzalez, seconded by Mr. Gutierrez.
Vote: Approved: 5 Opposed: 0 Abstention: 1
(Parr)
Prior to beginning the meeting, Mr.Eisenhart addressed the Board
to recuse himself from participation in this item.
D. Public Hearings.
Applicant: Marshall Sober
Request #1: Variance from Section 20 -4.4 (B)(7) of the Land
Development Code to permit 16 parking spaces where
23 parking spaces are required for an Eating Place.
Request #2: Special Use Permit for an Eating Place in the GR
(General Retail) District, as specified in Section
20 -3.3 (E) of the Land Development Code.
Legal: Lots 11 and 12, less the north 20 feet thereof,
Block 1, WESTERFIELD MANOR, according to the plat
thereof as recorded in Plat Book 27 at Page 9 of the
Public Records of Dade County, Florida.
PB Minutes 1 02 -12 -91
i
Location: 5820 SW 40 Street
South Miami, Florida 33155
Attorney Bernard Wolfson signed in to represent the property owner,
Mr. Marshall Sober, who also signed in. Mr. Wolfson presented a
petition for approval signed by 50% of the neighboring properties.
In its original development, 20' was removed from the north side
when Bird Road was widened. This eliminated some parking; as
originally planned. The property was designed as a restaurant and
has never been anything else. To change its use would create a
great hardship on the owner.
In answer to Mr. Ligammare's question regarding parking.which had
been allowed previously by a neighboring business, Mr. Wolfson
stated that a chain link fence has now been erected and the
reasoning behind this is not known positively. Perhaps it is that
City Code would require a 20 year commitment.
Mr. Parr expressed his concern that the overflow traffic might park
along the adjacent residential streets. Mr. Wolfson stated that
the tenants are targeting primarily a lunch trade from the
businesses in the area. Mr. Fraga, the future tenant's
representative, stated that there will be approximately 100 seats
in the restaurant.
Chairman Ligammare asked for those persons present wishing to speak
either for or against this application to do so. There being none,
the Public Hearing has been opened and closed and Executive
Session declared.
Mr. Gutierrez ascertained that the neighboring Kentucky Fried
Chicken and this proposed restaurant would share the common
driveway during the same peak lunchtime trade. Staff advised that
the parking requirements are determined by the gross area of the
building.
Mr. Parr made a motion to deny Request 11 and to approve Request
#2.
Motion dies for lack of a second.
Mr. Parr made a motion to deny both Request 11 and Request 12.
Seconded by Mr. Lefley.
Mr. Ligammare stated that he feels that the history of this
location and, taking into account its location and the make -up of
the neighborhood, a hardship is created for the property owner even
though it does not meet the criteria of hardship as defined by
PB Minutes 2 02 -12 -91
Code. Mr. Mackey advised that if there were to be any changes made
to the parking lot, a permit would require adherence to the present
Code, which would, in turn, reduce the amount of parking because
of landscaping requirements.
Vote: Denial Approved: 4 Opposed: 1
(Ligammare)
E. Remarks: Board Discussion of future Workshop Meeting.
Mr. Eisenhart would like the City Code to be placed in a 3 ring
binder for ease of making changes when necessary.
Ms. Gonzalez stated that, in her opinion, any workshop should be
for the purpose of educating the Board members and also to let the
Administration as a whole understand the needs of the members as
well. She said that, for example, if Staff cannot give them the
input they feel that they need, how can the role of Staff be
expanded to do so? Secondly, there are areas in which the Board
becomes involved at times that they are told is not their concern.
A clearer definition of just what is the role of this Board.
Thirdly, the issue of legal assistance is one which will probably
become a larger issue for Planning Boards all around the country
in the near future. Whether this assistance is handled with the
presence of the City Attorney at meetings or by memoranda, Ms.
Gonzalez feels that it is necessary from time to time.
Mr. Parr stated his total agreement with Ms.Gonzalez' statements.
Mr. Lefley also reiterated Ms. Gonzalez' statements as regards the
role of Staff and the difficulty the Board has, at times, to
understand the issues before it. He would like a clarification of
what the Board can ask of Staff such as documentation, information
on upcoming legal actions, and anything which would save the Board
from being embarrassed during meetings.
Mr. Lefley wants to know what format this workshop would take and
who would be involved. Mr. Ligammare asked Mr. Mackey to answer
these questions and was advised that the Board should make their
own guest list. Mr. Mackey also said that the City Attorney should
be asked his opinion of the legalities involved as to advertizing
for a public meeting such as this and those persons who can be
asked to attend (such as Commissioner, members of the City
Administration, etc.) A proposed list would include the Mayor,
City Attorney (whom Mr. Eisenhart feels should be required to
attend every meeting), City Manager, Director of Building and
PB Minutes 3 02 -12 -91
City of South Miami
6130 Sunset Drive. South Miami. Florida 33143
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD
1—property Owner: Marshall Sober I signature:
i West Treasure rive
!Address: North gay Village, FL 33141 Phone Number: 868 -4714
IRepresented By: Bernard Wolfson j i Organization: Wolfson & Starkman
Address: 2655 Le,7evine , Road i�ito 600 I Phone: (305) 446 -4284
f`nrai rah1P� FT. �3 �4
Architect: Phone:
(Engineer: NIA Phone:
owner x Option to purchase _ Contract to purchase _ Copy attached?
If applicant is not owner, is letter of authority from owner attached? N/A
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
Lot(s) 11 and 12 Block 1 Subdivision Westerfield Manor, pB 27- 9
Section Three
Metes and Bounds: Ca=nly known as 5820 Bird Road, Miami, Florida
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
X Variance X Special Use Rezoning Text Amendment to LDC
Home Occupational License PUD Approval PUD Major Change
Briefly explain application and cite specific Code sections:
20 - 3.4(B)(4) as amended by Ord. 13 -90 -1452
x Letter of intent
x Proof of ownership
x Current survey
SUBMITTED MATERIALS
Hardship statement
Power of attorney
Reasons for change
Contract to purchase
x Site plan (7 copies) x Required fee(s)
The undersigned has read this completed application and represents the
information and all submitted materials furnished are true and correct
to the best of the applicant's knowledge and belief.
January 7, 1991;
Date
Applicant's Signature and title
Upon receipt, applications and all submitted materials will be reviewed for
comb e with Citv Codes and other applicable regulations. Applications
found in compliance will be rejected and returned to the applicant.
DA's PB
ONLY DATE FILED
RING - COMMISSION
Pr
J
DEADLINE { -
OTHER INFO
A EPTED , REJECTED
PETITION REQUIRED
PETITION ACCEPTED
J
BERNARD WOLFSON. P A
MARK R. STARKMAN. P. A.
WOLFSON & STAIZKMAN
ATTORNEYS AT LAW
(A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS)
GABLES INTERNATIONAL PLAZA . SUITE 600
2655 LEJEUNE ROAD
CORAL GABLES, FLORIDA 33134
January/7, 1991
Building and Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Former Lum's Restaurant
5820 Bird Road, South Miami, Florida
Gentlemen:
TELEPHONE
;3051446-4284
TELECOPIER
;305) 448.1513
This office represents Marshall Sober, the owner of the
referenced property. Enclosed is an Application for Public Hearing
Before Planning Board for the utilization of this property as an
Eating Place as required by Section 20- 3.4(B)(4) of the Land
Development Code of the City of South Miami, Florida and as amended
by Ordinance 13 -90 -1452.
Please consider this the Letter of Intent'as required by the
Special Use Permit Procedures. Mr. Sober has entered into a Lease
with Carmen Congrains for the use of this property as a restaurant „
and it is necessary to secure a Special Use Permit, a Variance for ?A'F KhJ4
-sale ^vi aec-r- i :iv ii -Re W thla- 999 feet of a =$6ldeare -y and a-
�nc1- as�rani- M -1-1 cssan�- t0 —tie City of; SoLith Njam>i— =.rccoriuy-g6-.-.
This property is designed as a restaurant and has been utilized as
a restaurant for over 20 years except for the past year or so when
it was vacant.
Enclosed with this Letter of Intent, you will find the
following items and things:
1. Proof of Mr. Sober's ownership in the property evidenced
by the Deed whereby Mr. Sober acquired his interest in
the property from his mother, May Sober, in 1985. May
Sober is now deceased, a copy of her Death Certificate is
attached, which makes Mr. Sober the sole owner.
2. Current survey of the property which also serves as a
site plan.
3. Sketch of floor plan of existing building.
4. This firm's trust account check in the amount of $1,a50
representing the fees as required by the City.
Please advise if anything further is needed. We would like to
have this matter set for the Tuesday, 3 Planning Board
Me ng . Thank you very much. �- z 1 'Z
6
BW /cc
Yours truly,
Bernard Wolfson .`
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RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA APPOINTING
JOHN SAUVIGNE TO THE CODE - ENFORCEMENT BOARD.
WHEREAS, there currently exists a vacancy on the Code
Enforcement Board.
WHEREAS, the Mayor and City Commission desire to fill
the existing vacancy.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That John Sauvigne is hereby appointed to
the Code Enforcement Board until March 1, 1993, or until a
successor is appointed.
PASSED AND ADOPTED THIS DAY OF 1991.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE
OF 44 EQUIPMENT FOR A TOTAL PRICE NOT TO EXCEED
S 16,936.43 BY THE RECREATION DEPARTMENT AND PROVIDING
FOR DISBURSEMENT FROM ACCOUNT NUMBER 2000 -5630
"FOOTBALL /CHEERLEADERS"
WHEREAS, pursuant to Article III, Section 5 H of the City
Charter which requires competitive bids from at least three
different sources of supply, the Recreation Department advertised
for bids for *W equipment; and
WHEREAS, as. a result of the bids received, the Adminis-
tration of the City of South Miami has now obtained a cost of
$ 6,681.48 from US 1 Sporting Goods and a cost of $ 10,254.95
from Webster's Sports Center, respectively, for the equipment set
forth in the attached Memorandum.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is hereby awarded to US 1
Sporting Goods in an amount not to exceed $ 6,681.48 for "iw
equipment set forth in the attached Memorandum.
Section 2. That a purchase order is hereby awarded to
Webster's Sports Center in an amount not to exceed $ 10,254.95
for athletic equipment set forth in the attached Memorandum.
Section 3. That the disbursements be charged to account
number 2000 -5630 "football /cheerleaders ".
PASSED AND ADOPTED this day of March, 1991.
APPROVED:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
fur
City of South Miami
INTER -- OFFICE MEMORANDUM
TO: Mr. Martin Berg DATE: 2 -20 -91
City Attorney
FROM: Jim Cowen
,----% Recreation Director
U
SUBJECT:
Football
!re are the bid results from the Request for Proposal, February 15, 1991
iat appeared in the Miami Review.
US 1 Sporting Goods
Misc. Equip. -
Helmet Repair
Kit, Shoulder Pads, Parts Etc.
$ 501.62
Coaches Shirts
- 35
@
8.25
288.75
Coaches Hats -
35
@
2.75
96.25
Shoulders Pads
- 53
@
Assorted Prices
1,881.91
Hip, Pads -
77
sets
@
7.75
596.75
Thigh -
47
sets
@
5.85
274.95
Knee -
45
prs.
@
2.85
128.25
Game Pants
95
prs
@ 21.50
2,043.00
Footballs
38
@
Assorted Prices
870.00
$ 6,681.48
Webster's Sports Center
Helmets
86
@
57.95
4,984.00
Cages
90
@
7.95
715.50
Jersey ( Youth
) 161
@
15.95
2,567.95
Jersey ( Adult
) 35
@
17.50
612.50
Game Pants
20
@
16.50
330.00
Practice Pants
110
@
9.50
870.00
$ 10,254.95
its Total $ 16,936.43 will be taken from Recreation Account # 2000 -5630 Football/ Cheerleaders
would like to get this item on the March 5, 1991 Commission Agenda.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, ESTABLISHING A DEFERRED
COMPENSATION PLAN FOR DESIGNATED
EMPLOYEES.
WHEREAS, the City of South Miami, Florida (hereinafter "the
City ") has employees rendering valuable services; and
WHEREAS, the establishment of a deferred compensation plan for
such employees will serve the interests of the City by enabling it to
provide reasonable retirement security for its employees, by
providing increased flexibility in its personnel management system,
and by assisting in the attraction and retention of competent
personnel; and
WHEREAS, the City has determined that the establishment of a
deferred compensation plan to be administered by the ICMA Retirement
Corporation will serve the above objectives; and
WHEREAS, the City desires that the investment of funds held
under its deferred compensation plan be administered by the ICMA
Retirement Corporation, as Trustee, with the understanding that such
funds will be held by the ICMA Retirement Trust, a trust established
by public employers for the purpose of representing the interests of
such employers with respect to the collective investment of funds
held under their deferred compensation plans:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City adopts the deferred compensation
plan, attached hereto as Appendix A, and appoints the ICMA Retirement
Corporation to serve as Administrator thereunder.
Section 2. That the City hereby authorizes the City Manager to
execute the ICMA Retirement Trust, attached hereto as Appendix B.
Section 3. That the City hereby adopts the trust agreement,
attached hereto as Appendix C, and appoints the ICMA Retirement
Corporation as Trustee thereunder, and directs the ICMA Retirement
Corporation, as Trustee, to invest all funds held under the deferred
compensation plan through the ICMA Retirement Trust as soon as is
practicable.
Section 4. That the Director of Finance of the City of South
Miami shall be the coordinator for this program and shall receive
necessary reports, notices, etc. from the ICMA Retirement
Corporation as Administrator, and shall cast, on behalf of the City,
any required votes under the program.
Section 5. That at all times employees are entitled to
participate in above - captioned plan.
APPROVED AND ADOPTED this th day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI., FLORIDA, AUTHORIZING
THE CITY MANAGER TO ENTER INTO A LEASE PURCHASE
AGREEMENT WITH SPRING AIR CONDITIONING INC. FOR AIR
CONDITIONING FOR THE CITY HALL FOR A LEASE PURCHASE
COST OF $41,328.00 AND PROVIDING FOR DISBURSEMENT
FROM ACCOUNT #2100 -4410 LEASE PURCHASE.
WHEREAS, by Resolution enacted by the Mayor and the
City Commission of the City of South Miami, Florida, on June 5,
1990, the City Manager was authorized to obtain bids for the
repair and /or refurbishing of the air - conditioning, carpeting,
and ceilings of the South Miami City Hall; and
WHEREAS, the City Manager has now reviewed the
replacement of City Hall's thirty -five year old air conditioning
unit with engineers;
WHEREAS, the City Manager has determined that Spring
Air Conditioning Inc.'s agreement with the City for air
conditioning the Commission Chambers has been satisfactorily
completed and therefore recommends that a lease purchase
agreement be executed with Spring Air Conditioning Inc. for the
City Hall air conditioning unit.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and hereby is,
authorized to enter into a Lease Purchase Agreement with Spring
Air Conditioning Inc. for air conditioning for the City Hall for
a total lease purchase cost of $41,328.00 with monthly payments
of $963.77 for 60 months.
Section 2. That the disbursement be charged to account
1 0 umber 2100 -4410: entitled "Lease Purchase ".
D /Q
PASSED AND ADOPTED this day of 1991.
APPROVED:
MAYO R
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I I
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE
OF ELEVEN CHAIRS FROM PRIDE OF FLORIDA FOR THE
COMMISSION CHAMBERS FOR A TOTAL PRICE NOT TO EXCEED
$3,385.00 AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT
NUMBER 01- 0245.000 "RESERVE FOR ENCUMBRANCES" AND
01- 0219.450 "ESCROW- COMMISSION CHAMBER CHAIRS ".
WHEREAS, pursuant to the 1990 -91 Budget of the City of
South Miami, Florida, the Manager's office of the City of South
Miami, Florida was authorized to purchase 11 pneumatic height,
ring arm chairs; and
WHEREAS, the Administration of the City of South Miami
has now obtained a cost of $3,385.00 from Pride of Florida
pursuant to the following governmental bid: Dade County #1072-
8/90; and �W�- 0iij
WHEREAS, $1,500 was donated to pay for a portion of the
cost.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is hereby awarded to
Pride of Florida in an amount not to exceed $3,385.00 for 11
pneumatic height, ring arm chairs.
Section 2. That the disbursement of $1,885.00 be
charged to account number 01- 0245.000 "Reserve for Encumbrances"
and the disbursement of $1,500.00 be charged to account number
01- 0219.450 "Escrow - Commission Chamber Chairs ".
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 1991.
APPROVED:
MAYO R
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
PURCHASE OF ASPHALTIC CONCRETE FROM PAN AMERICAN
CONSTRUCTION COMPANY, FOR THE PUBLIC WORKS DEPARTMENT
FOR A TOTAL PRICE NOT TO EXCEED $17,000 AND PROVIDING
FOR DISBURSEMENT FROM ACCOUNT NUMBER 1730 -4640
"RESURFACING OF STREETS ".
WHEREAS, pursuant to the 1990 -91 Budget of the City of
South Miami, Florida, the Public Works Department of the City of
South Miami, Florida was authorized to purchase Asphaltic
Concrete;
WHEREAS, the Administration of the City of South Miami
has now obtained a cost of $32.50 per ton for full width streets
from Pan American Construction Co. pursuant to the following
governmental bid: Dade County open bid #671012 - Resurfacing
existing streets.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is hereby awarded to
Pan American Construction Co. in an amount not to exceed
$17,000.00 for asphaltic concrete to pave 59th Court from S.W.
74th Street to S.W. 75th Street, S.W. 74th Street from U.S.1 to
S.W. 513th Court; S.W. 74th Street from S.W. 59th Place to S.W.
61st Avenue and Jean Willis Park path S.W. 61st Avenue.
Section 2. That the disbursement be charged to account
number 1730 -4b40 "Resurfacing of Streets ".
PASSED AND ADOPTED this day of
APPROVED:
MAYO R
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CI T-Yo,ATTO RN EY
. 1991.
� s
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA
APPOINTING JERRELL BIRDWELL AS A MEMBER
OF THE CITY OF SOUTH MIAMI TREE COMMITTEE TO
SERVE IN SUCH CAPACITY UNTIL MARCH 1, 199`x, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance �w the City
of South Miami created a Tree Committee; and
WHEREAS, the Mayor, and Commission wish that Board to
study and determinre protection of trees on public property
which add many aspects of health and coversation as well as
beauty to the City of South Miami.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the C ity of South Miami, Florida:
Section 1. that Jerrell Birdwell be and is
hereby appointed to the City of South Miami Tree Committee
to serve as such capacity until March 1, 1994, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
OF
, 1991
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA
APPOINTING PETE LAHANAS AS A MEMBER
OF THE CITY OF SOUTH MIAMI TREE COMMITTEE TO
SERVE IN SUCH CAPACITY UNTIL MARCH 1, 1993, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
n1�
6�
WHEREAS, pursuant to Ordinance the City
of South Miami created a Tree Committee, and
WHEREAS, the Mayor, and Commission wish that Board to
study and determine protection of trees on public property
which add many aspects of health and conservation as well as
beauty to the City of South Miami.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that Pete Lahanas be and is
hereby appointed to the City of South Miami Tree Committee
to serve as such capacity until March 1, 1993, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
1
1991
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA
APPOINTING DORIS ROSEBRAUGH AS A MEMBER
OF THE CITY OF SOUTH MIAMI TREE COMMITTEE TO
SERVE IN SUCH CAPACITY UNTIL MARCH 1, 1994, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant-to Ordinance '� the City
of South Miami created a Tree Committee; and
WHEREAS, the Mayor, and Commission wish that Board to
study and determinre protection of trees on public property
which add many aspects of health and coversation as well as
beauty to the City of South Miami.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the C ity of South Miami, Florida:
Section 1. that Doris Rosebraugh be and is
hereby appointed to the City of South Miami Tree Committee
to serve as such capacity until March 1, 1994, or. until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF , 1991
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
C i t ysisvto r n e y
/5
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA
APPOINTING PETER STRELKOW AS A MEMBER
OF THE CITY OF SOUTH MIAMI TREE COMMITTEE T9
SERVE IN SUCH CAPACITY UNTIL MARCH S, 199 OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
n�vl
WHEREAS, pursuant to Ordinance \D the City
of South Miami created a Tree Committee, and
WHEREAS, the Mayor, and Commission wish that Board to
study and determine protection of trees on public property
which add many aspects of health and conservation as well as
beauty to the City of South Miami.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that Peter Strelkow be and is
hereby appointed to the City of South Miami Tree Committee
to serve as such capacity until March , 1993tor until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
_ Ci tv- Attorney
1991
�J
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA
APPOINTING LORIE YANOSHIK AS A MEMBER
OF THE CITY OF SOUTH MIAMI TREE COMMITTEE TO
SERVE IN SUCH CAPACITY UNTIL MARCH 1, 199 OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
AV
WHEREAS, pursuant to Ordinance V the City
of South Miami created a Tree Committee, and
WHEREAS,.the Mayor, and Commission wish that Board to
study and determine protection of trees on public property
which add many aspects of health and conservation as well as
beauty to the City of South Miami.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that LORIE YANOSHIK be and is
hereby appointed to the City of South Miami Tree Committee
to serve as such capacity until March 1, 143", or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
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 FOR NEW OR UNLISTED
USES OF A SIMILAR NATURE TO BE ADDED TO THE PERMITTED
USE SCHEDULE BY THE CITY COMMISSION UPON THE
RECOMMENDATION OF THE DIRECTOR OF COMMUNITY AFFAIRS'
UNDER SECT IDevel -1 BY ADDING A NEW SUBDIVISION (Ei;
PROVIDING VERABILITY; ORDINANCES IN CONFLICT; AND
AN EFFECTIE.
WHEREAS, ity of South Miami, Florida /has heretofore
enacted a Land pment Code providing for permitted use
schedule; and
WHEREAS, under a ,Permitted Use Schedul only those uses of
land set forth in the Schedule are /and ted and any other
proposed use has hereto ore required a te amendment of the
Land Development Code, including firading and public
hearing before the Commis ion, referrathe Planning Board,
and second reading before the Commission,
WHEREAS, the Mayor and C ty Commihsion wish to amend the
Land Development Code to provi a for ddition of new or unlisted
uses of a similar nature in a more siplified manner;
NOW, THEREFORE, BE IT ORDAI' D BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIA I, FLORIDA:
Section 1. That Section 20 1 \an e Land Development Code
be, and hereby is, amended to dd ew sub division (E) as
follows:
(E) New or Unlisted Uses of tommunity Similar Na re.
(1) The Director of Af airs shall consider
the nature of th� proposed use, its compatibility
with other u es permitted in the various
districts and d termine the zo ing district or
districts wit in which the use should be
permitted, if a y.
(2) The Director sh 11 transmit his or her findings
and recommend tions for the assification
proposed for an new or unlisted use to the City
Commission fo review at its nex, regularly
scheduled meet ng.
(3) The City ommission shall appr ove the
recommendation of the Director or make such
determination concerning the classification�of the
new or unlisted use as-it determines appropriate.
Section 2. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 4, This Ordinance shall take effect immediately at
the time of.its passage.
PASSED AND ADOPTED, this.. th day of . 1991. .
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
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
"CONVENIENCE STORE" IN SECTION 20 -2.3; PROVIDING FOR
CONVENIENCE STORE UNDER SECTION 20 -3.3 (D) OF THE
PERMITTED USE SCHEDULE AS ACCESSORY SPECIAL USES TO
GASOLINE SERVICE STATIONS; PROVIDING FOR SPECIAL USE
REQUIREMENTS UNDER SECTION 20 -3.4 (B) BY AMENDING
SUBSECTION (5); PROVIDING FOR SEVERABILITY; ORDINANCES
IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use of
"convenience store "; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for a "convenience store" as an
accessory special use to gas stations 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 be, and hereby
is, amended as follows:
Convenience store. Shall mean a store selling at retail snack
foods, soft drinks, candies, gum, cigarettes, and related items,
but not alcoholic beverages.
l��
Section 2. Section 20 -3.3 (D) be, and hereby is, amended
to include the following additional use:
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
Convenience Store
(accessory) S S S 16 11
Section 3. Section 20 -3.4 (B) of the Land Development Code
INbe, and the same is, hereby amended to add the following subparts
to subsection 5:
(5) GASOLINE SERVICE STATION
m. A convenience store is permitted as an accessory use to
gasoline service stations.
n. No convenience store shall exceed 150 gross square
feet.
o. No convenience store shall be permitted to sell
alcoholic beverages.
Section 4. I£ any section, clause, sentence or phrase o£.
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 5. All Ordinances or parts of. Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
1
(5) GASOLINE SERVICE STATION
m. A convenience store is permitted as an accessory use to
gasoline service stations.
n. No convenience store shall exceed 150 gross square
feet.
o. No convenience store shall be permitted to sell
alcoholic beverages.
Section 4. I£ any section, clause, sentence or phrase o£.
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 5. All Ordinances or parts of. Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
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
"MOBILE AUTOMOBILE WASH /WAX SERVICE" IN SECTION 20 -2.3;
PROVIDING FOR MOBILE AUTOMOBILE WASH /WAX SERVICE UNDER
SECTION 20 -3.3 (D) OF THE PERMITTED USE SCHEDULE AS A
SPECIAL USE; PROVIDING FOR SPECIAL USE REQUIREMENTS
UNDER SECTION 20 -3.4 (B) BY ADDING A NEW SUBSECTION
(20); PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use of
"mobile automobile wash /wax service "; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for a "mobile automobile
wash /wax service" as a special use 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 be, and hereby
is, amended as follows:
Mobile Automobile Wash /Wax Service. Shall mean a motorized
vehicle equipped to provide a self- contained facility for
washing, waxing, and otherwise cleaning or "detailing"
automobiles.
Section 2. Section 20 -3.3 (D) be, and hereby is, amended
to include the followina additional use:
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
Mobile Automobile
Wash /Wax Service S S S S S S S S 20 n/a
Section 3. Section 20 -3.4 (B) of the Land Development Code
(Y. and the same is, hereby amended to add the following
subsection 20:
(20) MOBILE AUTOMOBILE WASH /WAX SERVICE
a. No mobile service vendor shall station itself upon any
public street or right -of -way. Neither shall any
mobile service vendor station itself upon any private
property except with the express permission of the
owner thereof and in a manner which does not impede the
flow of traffic in public streets or rights -of -way nor
block pedestrian access to public streets or rights-of-
way.
b. All mobile service vendors must provide for their own
trash and garbage removal such that no trash or garbage
remains on the premises upon which the vending was
conducted.
C. No mobile service vendor shall remain in any one site
longer than sixty (60) minutes.
d. Mobile service vendors must operate from four -wheel
motorized vehicles registered in the State of Florida.
Section 4.
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
wav affect the validity of the remaining portions of this
Ordinance.
Section 5. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
�D
APPROVED:
MAYOR
2
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSIONER OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 12 OF
THE CODE OF ORDINANCES TO PROVIDE AN ADDITIONAL SECTION
12 -15 PROHIBITING THE USE OF LEAF BLOWERS OR OTHER
SIMILAR DEVICES TO BLOW OR PLACE TRASH AND /OR REFUSE ON
PUBLIC RIGHTS OF WAY OR ADJACENT PROPERTY; PROVIDING
FOR ORDINANCES IN CONFLICT; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, by Section 12 -4 of the Code of Ordinances of the
City of South Miami, adopted in 1951 and amended thereafter, the
City Commission found and determined that "The continuous growth
and urban development of the City required the reasonable and
effective control and regulation of weeds, undergrowth and other
plant life to the extent and in such manner as to cause
infestation breeding of mosquitos and vermin or to
threaten or endanger the public health or adversely affect and
impair the economic welfare of adjacent property "; and
WHEREAS, the Mayor and City Commission note the increased
misuse of "leaf blowers" and other similar devices in the
cleaning and maintenance of property to blow and place trash
AND /OR REFUSE on public rights of way and /or adjacent property;
and
WHEREAS, this misuse thus provides the undesirable
alternative of increased City maintenance or increased health
hazards;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Chapter 12 "Health and Sanitation" of the
Code of Ordinances of City of South Miami be, and hereby is,
amended to add the following Section 12 -15:
Sec. 12 -15. Leaf - blowers - use prohibited in placing
trash on public rights of way and /or adjacent
properties.
The use of leaf - blowers and /or other similar devices
for blowing or placing trash and /or refuse upon public
rights of wav and /or upon adjacent property is hereby
prohibited in the City of South Miami.
Section 2. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent Jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING UNDER SECTION 20 -4.4 (I) OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO
PROVIDE FOR INTERIM PARKING ARRANGEMENTS; 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 (I) (1)
provides "No parking fees, charges or other remuneration shall be
charged for the use of any or all off - street parking spaces as
may be required by this Code "; and
WHEREAS, in fact there exists available, unused off - street
parking which can be leased on a month to month basis, but which
under the existing Code cannot be leased to provide for temporary
parking while a given parcel of land within the City of South
Miami is under construction, either initial or expansion; and
WHEREAS, the Mayor and City Commission therefore wish to
amend the Land Development Code to provide for interim parking.
arrangements upon a limited basis;
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 (I) of the Land Development Code
be, and the same is, hereby amended to read as follows:
I. Parking Fees Prohibited Generally; Exceptions
(1) No parking fees, charges or other remuneration shall be
charged for the use of any or all off - street parking
spaces as may be required by this Code, except as
provided in subparagraph (3) below.
(2) Nothing herein shall be construed to affect any parking
fees, charges or other remuneration for publicly -owned
parking spaces or for off - street parking spaces not
required by this Code.
(3) The City Commission may waive the prohibition contained
in subparagraph (1) above under such terms and
conditions as it may establish, following public
hearing, when it determines that the following criteria
are met:
(a) The sole purpose of the parking fee, charge or
other remuneration is for the use of excess unused
off - street parking spaces to serve the actual off -
street parking demand.-of property within the City
r
of South Miami which is undergoing construction or
reconstruction.
(b) The time period for such waiver shall not exceed
one year unless the City Commission shall grant a
further waiver under the provisions of this
paragraph for good cause shown.
(c) The waiver will promote accessibility to the site
under construction or reconstruction, reduce
congestion on the City's streets and shail
otherwise be in the public interest.
(d) The waiver will not result in a violation of the
off - street parking requirements established by
Article IV of the Land Development'Code.
(e) For purposes of this subsection, the phrase
"excess unused off- street parking spaces" shall
mean those off -site parking spaces in place which.
are unnecessary to serve the current needs of the
development leasing the parking spaces when
considered in relation to the total square footage.
of construction and the actual off- street parking
demand experienced by such development.
Section 4.' 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 5, All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this _th day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Jtrr PAT P. AG0011
rCRNAA100 C. "CIM90
CCAAN L. ALWARCA
LINDA C. ANOAKWA
DAVID T. AZAIN
QAKLA M, DANNCW
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MILAINt DAAS
NORMAN J. ■[N /ONO
LISA JA 0CAUCR
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ALDCPT A. Ny CASTILLO
ALAN T. MINIONS
LUCIA A. OOUSN[PrY
WILLIAM S. 9CK
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LAW OrFICES
GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN Ba OUENTEL, P.A.
MIAMI OF'rICE
1221 BRICKELL AVENUE
MIAMI, PLORIDA 33131
;305) 579 -0300
*CLECOPY (305) 579.0717
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500 EAST IsROWARO SOULCYARD
PORT LAUDEROALt. rLORIOA 73324
(305) 763.0500
TELECOPY (305) 763 •.477
Honorable Mayor and Members
of the City Commission
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
ALICIA N. MORALKA
JAM[T 4 a'aRIEM
MAURT R. OLICK4q
KEStCOA A. GRAND
0906111, M. QIIDNt►SKT
979YAN J. -A110O
MARSHALL K PASTERNACK
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ALAN J. PCPLMAM
OYIlOI( O. RCTERSEN
ALDtAT O. QVIArtL
JOEL PtIMOTRIN
NAME J. M910MAN
LUIS RtITER
COWARD L. A.ATAINO
LAUNA rNOMAO A1vEMO
KCMNETN S. ROOINSON
PAOU96 A. AOORMLICE
ALAN M. MOLMICK
MARYIN S, ROAEN
RICNAab A. KOOtNSAUM
PAUL A. 004E11110CM
MONALA M. AOStNOARTCN
0AV10 L• ROSS
GAMY A. SAUL
MARK P 99.14APP
WCST PALM BEACH OrrICE
1901 rORUM PLACC
WILT PALM 9EACM. I LORIOA 33401
(407) 693.6611
TCLCCOPY (407) 683.84AT
February 26, 1991
CLIP►ORbA. "au%.MAN
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MARC N. WATDON. OF COUIIAIL
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Tills 80.3124
PLK"C REPLY TOC
MIAMI ortrICC
WRITER->} 011iCCT NO:
(305) 579 -0880
Re: Request by Alan S. Gold for Public Appearance to
Discuss the Initiation of Comprehensive Plan
Amendment for the Bakery Centre Project
Dear Mayor and Commissioners:
I request the opportunity to appear before the City of South
Miami Commission at its regular meeting to be held on Tuesday,
March 5, 1991, to discuss the initiation of a comprehensive plan
amendment for the Bakery Centre project. This request is made in
accordance with Section 163.3187(1)(b), Florida Statutes, and the
attached letter from the Florida Department of Community Affairs,
dated February 1.8t 1991. The application for the comprehensive
plan amendment for the Bakery Centre will be accompanied by an
additional application under Section 380.06(19), Florida Statutes,
to amend the Bakery Centre Development of Regional Impact Develop-
ment Order. Under these authorities, the City is allowed to ini-
tiate the filing of a comprehensive plan amendment without regard
to the time limitations imposed by City ordinance or state statute.
V S O
Enclosure
cc: Mr. Herschel Rosenthal
Mr. Harold Yassky
Mr. William Hampton, City Manager, City of South Miami
• � r
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 C E N T E R V I E W D R I V E • T A L L A H A S S E E , F L O R I D A 3 2 3 9 9 - 2 1 0 0
LAWTON CHILES WILLIAM E. SADOWSKI
Gaverme
February IS, 1991
Alan S. Gold, Esquire
1221 Brickell Avenue
Miami, Florida 33131
Dear Mr. Gold:
Secmu"
This letter will confirm that this Department interprets
Section 163.3187(i)(b), Florida Statutes, to mean that
comprehensive plan amendments relating to amendments to an
existing DRI development order may be adopted without regard to
statutory or local ordinance limits on the frequency of
consideration of amendments to the local comprehensive plan.
Therefore, the City of South Miami may consider adopting plan
amendments relating to changes in the Bakery Center development
order without regard to such limits.
Very truly yours,
David uss
Assistant General Counsel
DJR/ skb
cc: Tom Beck
Robert Nave
Robert Pennock
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
39dd �� ��9��i'a►��'Of1 15;6 16t'ZZ't (03M) W0�3
Mayor and City Commission
City of South Miami
Dear Mayor and Commissioners:
I would like to address the City Commission at the
meeting of March 5th, 1991, regarding the cable
television company that serves South Miami.
Sincerely,
Claire Leiner
CATHY McCANN
MAYOR
F
INCORPORATO
1217
t ° R t9
r
6'� oftIoutlr.Aain'
March 15, 1991
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA 33143
305 / 667.5691
THERE WILL BE A SPECIAL CITY COMMISSION MEETING OF THE SOUTH MIAMI
CITY COMMISSION ON TUESDAY, MARCH 19, 1991, AT 7:30 PM IN THE CITY
COMMISSION CHAMBERS AT SOUTH MIAMI CITY HALL, 6130 SUNSET DRIVE,
SOUTH MIAMI, FLORIDA, TO CONSIDER THE ITEMS ON THE AGENDA OF THE
REGULAR CITY COMMISSION MEETING SCHEDULED FOR THAT DATE: ATTACHED
HERETO AND MADE A PART HEREOF.
NOTICE OF THIS SPECIAL CITY COMMISSION MEETING WAS SERVED UPON THE
CITY CLERK ON THIS 15TH DAY OF MARCH, 1991.
DONE UNDER MY HAND AND THE OFFICIAL SEAL OF THE CITY OF SOUTH MIAMI
THIS 15TH DAY OF MARCH, 1991.
CATHY N, MA OR
ATTEST
ROSEMARY WA CURA
CITY CLERK
Posted: City Hall Bulletin Board
CC: press
Administration
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
SPECIAL CITY COMMISSION MEETING
MARCH 19, 1991
A. Invocation
B. Pledge
C. Presentations
D. Items for Commission Consideration
1) Approval of Minutes 3/5/91
Next Resolution: 32 -91 -9104
Next Ordinance: 17 -91 -9091
Next Commission Meeting: 4/2/91
2) C.M. Report 1
3) C.A. Report �p Chi
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. 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 "Physical
Therapist ", "Massage Therapists ", and "Acupunturists" in Section 20 -2.3;
permitting "Physical Therapist" and "Massage Therapists" under Section 20 -3.3 (E)
of the permitted use schedule as Special Uses in R 0, L 0, and M 0 Districts;
providing for Special Uses Requirements under Section 20 -3.4 (B) by adding a
new subdivision (15); providing for severability, ordinances in conflict, and an
effective date. (PB/Administration) 4/5
5. An Ordinance of the Mayor and City ommissioner of the City of South Miami,
Florida, amending Chapter 12 of the Code of Ordinances to provide an additional
Section 12 -15 prohibiting the use of leaf blowers or other similar devices to
blow or place trash and /or refuse on public - rights of way or adjacent property;
providing for ordinances in conflict; severability; and an effective date.
(Mayor) 3/5
RESOLUTIONS FOR PUBLIC HEARING: _ �I J,
6. A Resolution of the Mayor and City Commission of the City of South Miami,
Florida approving an application for a Special Use Permit for an accessory
medical services in H (Hospital) district pursuant to Section 20 -3.4 B (18)
of the Land Development Code of the City of South Miami, Florida by Doctor
Robert Singer for the premises commonly known as 7031 SW 62 Avenue, South
Miami, Florida 33143 and legally described herein. (PB /Administration) 4/5
RESOLUTIONS:
7. A Resolution of the Mayor and City Commission of the City of.South Miami,
Florida, authorizing a waiver of bid procedures for the City's Recreation
Department purchase of playground equipment as set forth herein below upon
the basis that there is one source of supply, authorizing the expenditure of
$26,710.00 to Big Top Inc. for this equipment, charging the disbursement to
Account No. 2000 -6430 "Equipment-Operating". (Administration) 5
41 -
8. A Resolution of the Mayor and Cy Commission of the City of South Miami,
Florida, authorizing the pvrohase of Xcaliber Drug Tracking System Budget ,
File for the Police Department for a Total Price not to exceed $2,150.00
and providing for disbursement from Account Number 08- 1910 -6400 "Forfeiture
Fund ". qI f y (Administration) 3/5
9) A Resolution of the Mayor and City Commission of the City of South Miami,
Florida authorizing a waiver of bid procedures for the City's Finance
Department purchase of computer software as set forth herein below upon
the basis that there is one source of supply, authorizing an expenditure
not to exceed $14,056.83 to City Computer Solutions Inc. for this software,
charging the disbursement to Account No. 1410 -6430: "Finance Department -
Equipment".
(Administration) 3/5
t
►i
SPECIAL CITY COMMISSION MEETING
MARCH 19, 1991
continue (page 2 of 2)
ORDINANCES - FIRST READING:
10) 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 "Small Restaurant" in Section 20 -2.3; providing for
small restaurants under Section 20 -3.3 (D) of the permitted use
schedule as Special Uses i-.n SR:Districts; providing for Special Use
Requirements under Section 20 -3.4 (B) by adding a new subdivision /
(19)• providing for severability• Ordinances in Conflict and an N
> >
effective date. (Comm. Cooper) 4/5 � Al
11) An-.Ordinance of the Mayor and City Commission of the City of South N
Miami, Florida amending Section 16 -12 "Definitions" of Article II
"City Pension Plan" of the Code of Ordinances of the City of South Miami
to amend the definition of participation date to the date an employee
elects to participate in the Pension Plan. (Mayor) 3/5
REMARKS:
Ms. Linda Werner, AT EASE, 5844 Sunset Drive, South Miami, to �\isuss the histr-
of the alarm system and resulting fines at her above Mentioned store.
Mr. David Popper, 5900 S.W. 85th Street, to
certain landscaping appro`vements at his home
f ('-
(1 n
4 t
address the Commission regarding
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed;ngs is
ORade, which record includes the testimony and evidence upon which the
appeal i.s„ based.
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
"PHYSICAL THERAPIST", "MASSAGE THERAPISTS ", AND
"ACUPUNCTURISTS "IN SECTION 20 -2.3; PERMITTING
"PHYSICAL THERAPIST" AND "MASSAGE THERAPISTS" UNDER
SECTION 20 -3.3 (E) OF THE PERMITTED USE SCHEDULE AS
SPECIAL USES IN R 01 L 0, AND M 0 DISTRICTS;
PROVIDING FOR SPECIAL USE REQUIREMENTS UNDER SECTION
20 -3.4 (B) BY ADDING A NEW SUBDIVISION (15); PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use of
"Physical Therapist ", "Massage Therapist" or "Acupuncturist ";
and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for "Physical Therapist ",
"Massage Therapist" and "Acupuncturist" 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 be, and hereby
is, amended as follows:
PHYSICAL THERAPIST. Shall mean a person who is licensed in
accordance with. and who practices physical therapy as defined
in, Chapter 486 of the Florida Statutes.
MASSAGE THERAPIST. Shall mean a person who is licensed in
accordance with, and who practices massage therapy as defined
in, Chapter 480 of the Florida Statutes.
ACUPUNCTURIST. Shall mean a person who is licensed in
accordance with, and who practices acupuncture as defined in,
Chapter 457 of the Florida Statutes.
!' action 20 -3.3 (E) be, and hereby is, amended
to include the following additional uses:
a
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
Physical Therapist �5 9
Massage Therapist 9
Acupuncturist P P P c99
A�gSection 3. S �Ctio'h 20 -3.4 of the Land Development Code be,
and the same 's hereby amended to add the following subsection
1 , Y g
15:
(15) PHYSICAL THERAPIST, MASSAGE THERAPIST
Physical therapists or massage therapists must
hold a current, valid State License as a prerequisite
to applying for an occupational license.
--h-o—, Phizical4 theraaistsJ\ end /massage ther$pi's�s'
:ice
from- :- hvsicians .
iption
Section 4. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent.7urisdiction, then said holding shall in no
wav affect the validity of the remaining portions of this
Ordinance.
Section 5. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
PB -91 -004
Applicant: Mayor & City Commissioners
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI, FLORIDA, BY PROVIDING
A DEFINITION OF "PHYSICAL THERAPIST ", "MESSAGE THERAPIST"
AND "ACUPUNCTURE THERAPIST" IN SECTION 20 -2.3; PERMITTING
"PHYSICAL THERAPIST" AND "MASSAGE THERAPIST" UNDER
SECTION 20 -3.3 (E) OF THE PERMITTED USE SCHEDULE AS A
SPECIAL USE IN RO, LO AND MO DISTRICTS; PERMITTING
"ACUPUNCTURE THERAPIST" AS A PERMITTED USE UNDER SECTION
20 -2.3 (E) OF THE PERMITTED USE SCHEDULE IN RO, LO AND
MO DISTRICTS; PROVIDING FOR SPECIAL USE REQUIREMENTS
UNDER SECTION 20 -3.4 (E) BY ADDING A NEW SUBDIVISION
(15); PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT
AND AN EFFECTIVE DATE.
Mr. Leonard Kalish signed in to speak for Drs. Gladstein and
......., owners of the office building located at 6601 SW 80 St.
Present zoning does not allow one their tenants, Massage Therapist
Wesley Chaf in, to locate in that district. He stated that, in
order to open his business, he must apply to the State (Under FS-
480), for an establishment license, then be inspected by the State
before applying to the City for an Occupational License. He is
then subject to periodic inspections by the State in order to
maintain this State License.
Also, Sue ...... and Toni..... of the Florida Physical Therapy
Service, Inc.(6341 Sunset Dr., The Sunshine Medical Center), asked
the Board to recommend that this change be made to include their
professional designation, physical therapist. Ms ....... also stated
that there is such a difference between massage therapists and
physical therapists that she does not understand why they are being
considered in the same category. Educational and licensing
requirements are entirely different.
There was a lengthy discussion to ascertain the differences between
massage therapist and physical therapist as relates to this
proposed change in City ordinance. Each is regulated and licensed
by the State. However, they are different in that physical
therapist is required by law to be referred by a physician, along
with a care plan, and the massage therapist is not so restricted.
In addition to this subject matter, Mr. Mackey advised the Board
that the packet they received this evening was received from a
Bonnie T. Mackey requesting that Advanced Registered Nurse
Practitioner (A.R.N.P.) be added to this proposed ordinance.
Chairman Gutierrez stated that, since this was not advertised prior
to coming to the Board, it would not be proper to consider it this
evening. The Board members agreed.
Public Hearing was closed.
These require Special Use Permits, therefore, would be required to
come to the City to be allowed to establish a business within the
City. This provides for greater control of those who would not
meet code.
Mr. Gutierrez asked Mr. Chafin if he had any problem with this
Ordinance as it is written regarding the area where patients are
required to come to him only with physicians prescriptions. He did
not have any objections.
Mr. Eisenhart asked whether, in passing this regulation, the City
is prepared to appropriate the resources needed to enforce the law?
Mr. Gutierrez stated that this action gives the City some leverage
in controlling the types of Occupational Licenses which can be
issued under these and similar titles. (FS 480 -052, The Power of
the City or Municipality to Regulate the Massage Therapist)
Chairman Gutierrez called for a motion.
Mr. Eisenhart moved to approve the application with the amendment
to strike (B) from Section 3 f15). Seconded by Mr. Lefley.
Vote, Approved: 5 Opposed: 0
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSIONER OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 12 OF
THE CODE OF ORDINANCES TO PROVIDE AN ADDITIONAL SECTION
12 -15 PROHIBITING THE USE OF LEAF BLOWERS OR OTHER
SIMILAR DEVICES TO BLOW OR PLACE TRASH AND /OR REFUSE Of
PUBLIC RIGHTS OF WAY OR ADJACENT PROPERTY; PROVIDING
FOR ORDINANCES IN CONFLICT; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, by Section 12 -4 of the Code of Ordinances of the
City of South Miami, adopted in 1951 and amended thereafter, the
City Commission found and determined that "The continuous growth
and urban development of the City required the reasonable and
effective control and regulation of weeds, undergrowth and other
plant life to the extent and in such manner as to cause
infestation breeding of mosquitos and vermin or to
threaten or endanger the public health or adversely affect and
impair the .economic welfare of adjacent property "; and
WHEREAS, the Mayor and City Commission note the increased
misuse of "leaf blowers" and other similar devices in the
cleaning and maintenance of property to blow and place trash
AND /OR REFUSE on public rights of way and /or adjacent property;
and
WHEREAS, this misuse thus provides the undesirable
alternative of increased City maintenance or increased health
hazards;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Chanter 12 "Health and Sanitation" of the
Code of Ordinances of City of South Miami be, and hereby is,
amended to add the following Section 12 -15:
Sec. 12 -15. Leaf - blowers - use prohibited in placing
trash on public rights of way and /or adjacent
properties.
A< The use of leaf - blowers and /or other similar devices
for blowing or placing trash and /or refuse upon public
rights of wav and /or upon adjacent Property is herebv
prohibited in the City of south Miami.
coction 2._ If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconr*LI- tutional 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 . 1991.
ATTEST: ,
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING AN APPLICATION
FOR A SPECIAL USE PERMIT FOR AN ACCESSORY MEDICAL
SERVICES IN H (HOSPITAL) DISTRICT PURSUANT TO SECTION
20 - 3.4 B (18) OF THE LAND DEVELOPMENT CODE OF THE
CITY OF SOUTH MIAMI, FLORIDA BY DR. ROBERT SINGER FOR
THE PREMISES (10MMONLY KNOWN AS 7031 S.W. 62 AVENUE,
SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREIN
WHEREAS, Section 20 - 3.4 B (18) of the Land Development
Code of the City of South Miami provides for accessory medical
services in H (hospital) districts as a special use; and
WHEREAS, Dr. Robert Singer has made application for a
Special Use Permit for the premises commonly known as 7031 S.W.
62 Avenue South Miami, Florida 33143 and legally described as
follows:
and
Lots 1 through 9 and Lots 18 through 20 inclusive,
Block 1, less the west 10 ft. of Lots 1, 18, 19 and 20,
Larkin Center, according to the Plat thereof, as
recorded in Plat Book 27, Page 67 of the Public
Records of Dade County, Florida;
WHEREAS, on February 26, 1991, the Planning Board
recommended the special use permit application be approved by a
5 - 0 vote; and
WHEREAS, it appears to the Mayor and Commission that the
applicant has met the requirements of the Special Use Permit as
set forth in the forpsaid Section;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. A Special Use Permit for accessory medical
services by Dr. Robert Singer be, and hereby is, approved for
the premises commonly known as 7031 S.W. 62 Avenue, South Miami,
Florida 33143 and legally described hereinabove.
PASSED AND ADOPTED this th day of March, 1991.
ATTEST:
CITY CLERK r
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
z
TO: Dr. Sinc cr
FROM: Capt . D.G. Stepp
DCFD Station 14
M E M O R A N D U M
DATE: Felt . 27, 1991
SUBJECT: M.R.I. Van
Following your request on Feb. 22, I made an inspection
of the M.R.I. van site at L,arkin Hospital. Based on this
inspection I can find no objections to locating the van on
the proposed site.
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APPLICANT: �o5eg--r 5 f tj r, c rz-
OWNER: L1--ATz +- N s 6E-NEtez- 4C P! TPrL
OPMAP REFERENCE: l o 3 1 '5 w � Z pw-e- Compass
oMME NTS : S��CM� �G �.��h Scale ........... .
Date.
T j It n l f l' `' 0. Drn ...... Chk .... .
CITY OF MU 1 H JIn AMI PLAMM ONG 500 PD Hearing No...... .
M 2 N U T E S
P 1 ann i. rzg Board
Tuesday, February 26, 1991
Commissioners' Chambers
7:30 PM
Applicant: Dr. Robert Singer/ Larkin General Hospital
Request: Special Use Permit for an Accessory Medical Services
in H (Hospital) District, as specified in Section
20 -3.4 (18) of the Land Development Code.
Location: 7031 SW 62 Avenue, South Miami, Florida
Dr. Robert Singer signed in and explained the application. Ron
Aranson, representing the lessor, also signed in. The Board asked
questions regarding noise, radiation, power source, possible
traffic conflicts, etc. It was determined that this project would
have no negative effect, therefore, Mr. Parr made a motion to
approve subject to the City Commission requesting a letter of
acceptance from the MiamiDade Fire Department and that this
approval is tied to the drawing submitted to the Board in their
packets. Seconded by Mr.Eisenhart.
Vote: Approved: 5 Opposed: 0
S TAF F REPORT
PB -91 -003
February 22, 1991
Applicant: Dr. Robert Singer/ Larkin General Hospital
Request: Special Use Permit for an Accessory Medical Services
in H (Hospital) District, as specified in Section
20 -3.4 (18) of the Land Development Code.
Legal: Lots 1 to 9 & Lots 18 to 20 inc, Block 1 less West
10 Feet of Lots 1- 18- 19 -20, LARKIN CENTER, according
to the plat thereof as recorded in Plat Book 27 at
Page 67 of the Public Records of Dade County,
Florida.
Location: 7031 SW 62 Avenue
South Miami, Florida
ANALYSIS
The applicant petitioned the City Commission to adopt Special
Use Permit procedures for accessory medical services. The
applicant is now submitting an application under those procedures.
RECOMMENDATION
The proposal does comply with the adopted City of South Miami
Land Development Code.
City of South Miami
6130 Sunset Drive. South Miami. Florida 33143•
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD
it IsG � I
I Property owner • Signature: LPr.
:Address: --7 �; j CJ
Phone Number:
I I
�I
Represented By: �- p� I i organization:
I Address: 71931 S.w• &Z Ave, Phone
(Architect: Phone:
i.................................. J.
Engineer: Phone:
Owner _ Option to purchase _ Contract to purchase _ Copy attached?
If applicant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
Lots) Block Subdivision PB
Metes and Bounds:
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
Variance Special Use Rezoning Text Amendment to LDC
Home Occupational License PUD Approval PUD Major Change
Briefly explain application and cite s ecific Code sections:
�.d•- 5. L/ 63) 09-)
Letter of intent
SUBMITTED MATERIALS
Hardship statement Reasons for change
Proof of
ownership
Power of
attorney
Contract
to purchase
Current
survey
Site plan
(7 copies)
Required
fee(s)
The undersigned has read this completed application and represents the
information and all submitted materials furnished are true and correct
to the best of the applicant's knowledge and belief.
Date
Applicant's Signature and title
Upon receipt, applications and all submitted materials will be reviewed for
ompliance with City Codes and other applicable regulations. Applications
sound not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY DATE FILED
OXTE -pD- HEARING COMMISSION
ACCEPTED REJECTED
PETITION REQUIRED
ADVERT DEADLINE OTHER INFO PETITION ACCEPTED
Wuz.TAM P. CiALvimT, DL D. ELuoT T. WAss=3"x, M. D. RosaaT J. Suso$s. M. D.
CALvimT. WAuszzm" Aa-m Smixim. IL D.. P. A.
DIPLOMATIC AMERICAN BOARD OF RADIOLOGY
DIAGNOSTIC RADIOLOGY AND NUCLEAR MEDICINE
LETTER OF INTENT
We are applying for a Special Use Permit to allow a mobile
magnetic resonance imaging service to provide magnetic
resonance scanning procedures to Larkin Hospital patient's.
The magnetic resonance imager is mounted in a tractor - trailer
van which will be parked on hospital property one or two days
each week.
We hope to begin this service as soon as reasonably possible.
Thank you for your
consideration.
obert S ng r, M.D.
adiology ep tment
Larkin G eral Hospital
LARKIN GENERAL HOSPITAL
7031 S. W. 62NO AVENUE
SOUTH MIAMI. FLORIDA 33143
666 -0500
THE DIAGNOSTIC CENTER FOR WOMEN
6140 S. W. 70TH STREET
SOUTH MIAMI. FLORIDA 33143
661.6515
SOUTH DADE COMMUNITY HEALTH CENTER
10300 S. W. 216TH STREET
MIAMI. FLORIDA 33170
253.5100
? IT BV : LAR.K I N HOSP I T Fri_
V
OoFtli
LARKIN
GENERAL HOSPITAL
robrunry-22, 1991
Bill Mackey
Planner, City of South Miami
Dear Mr. Mackey s
Please accept this letter confirming Larkin General
Hospital as having a parking capacity of 320 spaces, as
stated in your conversation with Dr. Robert Singer.
If you need additional information concerning this, pleas&
feel free to contact me at 284 -7672.
Sincerely,
Greg Darren
Director of Engineering
7031 S.W. 62nd AVENUE■ SOUTH MIAMI, FLORIDA 33143■ 305 - 284 -7500
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A WAIVER OF
BID PROCEDURES FOR THE CITY'S RECREATION DEPARTMENT
PURCHASE OF PLAYGROUND EQUIPMENT AS SET FORTH HEREIN
BELOW UPON THE BASIS THAT THERE IS ONE SOURCE OF
SUPPLY, AUTHORIZING THE EXPENDITURE OF S 26,710.00 TO
BIG TOP INC. FOR THIS EQUIPMENT, CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 2000- 6430 "EQUIPMENT -
OPERATING ".
WHEREAS, the Recreation Department of South Miami has
previously budgeted the purchase of certain playground equipment,
specifically two tot lots, in the 1990/91 budget; one each for
Marshall Williamson and Dante Faacell Parks; and
WHEREAS, pursuant to that budgetary authorization, the
Recreation Department has inquired with various manufacturers to
determine -the availability of the equipment; and
WHEREAS, the results of that inquiry have been that only Big
Toy, Inc. manufactures this equipment; and
WHEREAS, Article III, Section 5 H of the City Charter
requires competitive bids from at least three different sources
of supply, if available, such determination to be made by the
Commission,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission of the City of
South Miami, Florida do hereby authorize the City Administration
to waive the bid procedure set forth in Article III, Section 5 H
of the City Charter, for the playground equipment, to -wit: two
tot lots, to be purchased by the City Recreation Department upon
the basis that this type of safety playground equipment is only
available from a single source of supply.
Section 2. That the City administration be, and hereby
is, authorized to expend the sum of $ 26,710.00 to Big Toy Inc,
for the purchase of two tot lots.
Section 3. That the disbursement be charged to account no.
2000- 6930: "Equipment - operating ".
PASSED AND ADOPTED this th day of March, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
: ■ City of South Miami
INTER — OFFICE MEMORANDUM
To: Mayor and City Comm;L-9sion DATE: March 11, 1991
FROM! 1 liam'F '' impto' n/ SUBJECT: Purchase of Tot Lot
'City Managor �� Playground Equipment -
Recreation Department
The 1990 -91 adopted budget for the Recreation Department included
an appropriation of $27, 000 for the purchase of one tot lot
each, for Marshall Williamson and Dante Fascell Parks.
The purchase of this equipment continues a program of placing in
our parks modern safe playground apparatus for children.
In past years we were able to use
However, due to major reductions
purchasing playground equipment
County bid number, we request a b
the best equipment for our City
reasons:
a bid number from Dade County.
in spending the County is not
this fiscal year. Absent a
id waiver, for what is believed
park system for the following
1. This equipment is in our opinion much safer to play on
than the traditional all metal equipment. As we have
purchased the Big Toy tot lots we have removed the old
metal equipment.
2. We want to make this equipment standard in all of our
parks.
3. Past installations include - Murray Park and Dante Fascell
Park.
4. The tot lots installed at Fascell and Murray Park over
the last two years have proved very popular with children
and their parents. The second tot lot for Fascell is
necessary because of demand at this heavy use park. The
equipment for Marshall Williamson will replace worn out
equipment located there.
City of South Miami
INTER — OFFICE MEMORANDUM
TO: Mr William F. Hampton DATE: 3 -8 -91
City Manager
FROM:
Jim Cowen
Recreation Director
sueJECT:Tot Lot Specification for Dante
Fascell Park and Marshall Williamson
Park
Mr. Hampton,
Attached you will find the specifications, drawings, costs and other information for the
Tot Lot structures for Dante Fascell Park and Marshall Williamson Park. The Costs
of each project are as follows:
1. Dante Fascell Park
Materials $ 9,086
Freight 799
9,885
Delv. Cost
Installation 2,998
Cost per
Project $ 12,883
Total Cost
The Manufacturer is:
The Florida representative is:
Contact Dale Hasner
Marshall Williamson Park
Materials $ 9,740
Freight 873
10,613
Delv. Cost
Installation 3,214
Cost per
Project $ 13,827
$ 12,883 Dante Fascell
13,827 Marshall Williamson
$ 26,710
Big Toys
7717 New Market St.
Olympia, WA 96501
1- 800 - 426 -9788
Southern Park & Play Systems, Inc
3780 Minton Road
Melbourne, Florida 32904 -8817
1- 800 - 247 -1545
Cont. Tot Lot Speciciction for
Fascell Park and Marshall Williamson
Park
Delivery Time is five (5) weeks from date Purchase Order is received by the representative.
Monies are budgeted and will come from acct:
2000 -6430 - Equipment - Operating
For your information, I've also included a map which shows that there is only one (1)
Florida representative of Big Toys and the closest one to us besides the Florida
representative would be Alabama.
Models of these structures will be sent after we place the order.
Finally, as we previously discussed and as in past Tot Lot project, the Public
Works Department will prepare the infrastructure prior to the installers arriving
and we will be using mulch as a ground cushion for these two Tot Lots.
This should result in a savings for sand of approximately $ 1,300.00.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY. COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A WAIVER OF
HID PROCEDURES FOR THE CITY'S POLICE DEPARTMENT
PURCHASE OF COMPUTER SOFTWARE AS SET FORTH HEREIN
BELOW UPON THR BASIS THAT THERE IS ONE SOURCE OF
SUPPLY, AUTHORIZING AN EXPENDITURE NOT TO EXCEED
9 2,].50.00 TO FASCORP, INC. FOR THIS SOFTWARE,
CHARGING THE DISBURSEMENT TO ACCOUNT NO. 08 -1910 -6400
"FORFEITURE FUND«.
WHEREAS, the Police Department of South Miami has
previously budgeted the purchase of certain computer software,
specifically, for the imputing, recall, processing, and
interfacing, of drug related crimes; in the 1990/91 budget; and
WHEREAS, pursuant to that budgetary authorization, the
Police Department has inquired with various suppliers to
determine the availability of the software; and
WHEREAS, the results of that inquiry have been that only
Fascorp, Inc. distributes this software; and
WHEREAS, Article III, Section 5 H of the City Charter
requires competitive bids from at least three different sources
of supply, if' available, such determination to be made by the
Commission,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission of the City 6f
South Miami, Florida do hereby authorize the City Administration
to waive the bid procedure set forth in Article III, Section 5 H
of the City Charter, for the purchase of computer software, to-
--It: packages specifically for the imputing, recall, processing,
and interfacing, of drug related crimes, to be purchased by the
City Police Department upon the basis that this equipment is only
available from a single source of supply.
Section 2.. That the City Administration be, and hereby is,
thorized to expend a sum not to exceed $ 2,150.00 to Fascorp,
Inc. for the purchase of computer software.
Section 3. That the disbursement be charged to account no.
08 -1910 -6400 "Forfeiture Fund ".
PASSED AND ADOPTED this th day of March, 1991.
APPROVED:
MAYOR �♦ ��•�
ATTEST:
t
CITY CLERK +'w�
READ AND APPROVED AS TO FORM:
CITY ATTORNEY � '�" -•___
FILE
Florida Department of Division of Criminal Justice P.O. Box 1489
Law Enforcement Information Systems Tallahassee, Florida 32302
(904) 488 -8852
James T. "Tim" Moore
Commissioner
February 27, 1991
Honorable Perry S. Turner
Chief of Police
South Miami Police Department
6130 Sunset Drive
South Miami, Florida 33143
Dear Chief Turner:
RECE[VEn
MAR U i 1991
Chief's Offc%r:
Miami PtSlici pt.
We have received your letter of February 19, 1991, regarding the XCALIBER(R)
software program. The Uniform Crime Reports (UCR) program has received and
processed data from agencies using this software package. You may want to
contact other agencies such as Miami Shores, North Lauderdale, and Cooper
City, who are using this software to discuss their experiences with it.
Please do not accept this letter as an endorsement of this product.
If you have any questions, please contact me or Bureau Chief Wayne Quinsey at
(904) 487 -1179.
Sincerely,
James T. Moore
Commissioner
I
P k _oy e, Director
Division of Criminal Justice
Information Systems
PJD /bsm
Law Enforcement
FASCORPComputer Systems &
Software
9900 Stirling Rd. #231, Ft. Lauderdale FL 33330 • (305) 431 -2677
DEPARTMENT
P.O. NUMBER
REQUISITION NUM3;: ;; ,3 / ��l j
January 18, 1991 QUANTITY AND QUALi -l'-f RECEIVED AS
BILIFA
i
Officer Dave Dweck
DOW
South Miami Police Department
6130 Sunset Drive'''' ` OA
South Miami, Florida 33143
Officer Dweck :
FASCORP, Inc. is pleased to present you with this proposal for
the XCALIBER (R) Drug Tracking System. I think you will agree
that our system can be an asset to your department by helping you
to better manage your records information just as it has for
numerous agencies across the United States. The XCALIBER(R)
software package is installed in 40 agencies throughout Florida
and Georgia, with over 300 installed around the United States.
Please 'find the enclosed configuration and pricing that you
requested.
I would like to review this proposal with you over the phone.
Therefore, I will call you later in the week, once you have
received this proposal.
Sincerely,
F. A. J(Wo�dy)' Spencer, Jr.
Presi ent
FAS /me \ J
Enclosure(s)
v a�
XCALIBER (R) POLICE INFORMATION MANAGEMENT SYSTEM
SOUTH MIAMI POLICE DEPARTMENT
XCALIBER (R) DRUG TRACKING SYSTEM
BUDGET FILE
INSTALLATION /TRAINING (1 DAY ON -SITE)
* * * * * ** GRAND TOTAL $ 2,150.00
NOTES:
1. Terms are 50% down with order, net on delivery.
2. Prices subject to change.
Law Enforcement
FASCORPComputer Systems &
Software
9900 Stirling Rd. #231, • Ft. Lauderdale FL 33330 a (305) 431 -2677
SOLE SOURCE VENDOR
FASCORP, Inc. is the sole source vendor for the XCALIBER (R)
series of Information Management Systems in the State of Florida.
These systems include:
XCALIBER (R) Police Information Management System
XCALIBER (R) Computer -Aided Dispatch
XCALIBER (R) Jail /Facility Information and Management
XCALIBER (R) Security and Protection'Agency Information
Management
XCALIBER (R) Fire Department Information Management
FASCORP, Inc. provides installation, training and customization
for all of the above software packages.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A WAIVER OF
BID PROCEDURES FOR THE CITY'S FINANCE DEPARTMENT
PURCHASE OF COMPUTER SOFTWARE AS SET FORTH HEREIN
BELOW UPON THE BASIS THAT THERE IS ONE SOURCE OF
SUPPLY, AUTHORIZING AN EXPENDITURE NOT TO EXCEED
$14,056.83 TO CITY COMPUTER SOLUTIONS INC.FOR THIS
SOFTWARE, CHARGING THE DISBURSEMENT TO ACCOUNT NO.
1410 -6430: "FINANCE DEPARTMENT - EQIUIPMENT ".
WHEREAS, the Finance Department of South Miami has
previously budgeted the purchase of certain computer software,
specifically, packages for budget accounting, payroll, waste
billing, purchase order and encumbrances, in the 1990/91 budget;
and
WHEREAS, pursuant to that budgetary authorization, the
Finance Department has inquired with various suppliers to
determine the availability of the software; and
WHEREAS, the results of that inquiry have been that only
City Computer Solutions Inc. distributes this software; and
WHEREAS, Article III, Section 5 H of the City Charter
requires competitive bids from at least three different sources
of supply, if available, such determination to be made by the
Commission,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH ?MIAMI, FLORIDA:
Section 1, The Mayor and City Commission of the City of
South Miami, Florida do hereby authorize the City Administration
to waive the bid procedure set forth in Article III, Section 5 H
of the City Charter, for the purchase of computer software, to-
wit: packages for budget accounting, payroll, waste billing,
purchase order and encumbrances, to be purchased by the City
Fiance Department upon the basis that this equipment is only
available from a single source of supply.
Section 2. That the City Administration be, and hereby is,
authorized to-expend a sum not to exceed $ 14,055.83 to City
Computer solutions Inc. for the purchase of computer software.
Section 3. That the disbursement be charged to account no.
1410 -6430: "Finance Department- Equipment ".
PASSED AND ADOPTED this ,..`-- MARCH, 1991
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ ANDAPPROVED AS TO FORM:
CITY ATTORNEY
/7 2
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
"SMALL RESTAURANT" IN SECTION 20 -2.3; PROVIDING FOR
SMALL RESTAURANTS UNDER SECTION 20 -3.3 (D) OF THE
PERMITTED USE SCHEDULE AS SPECIAL USES IN SR
DISTRICTS; PROVIDING FOR SPECIAL USE REQUIREMENTS
UNDER SECTION 20 -3.4 (B) BY ADDING A NEW SUBDIVISION
(19); PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of. South Miami, Florida has heretofore
enacted a Land Development Code providing for, inter alia,
parking requirements for restaurants within the specialty retail
"SR" district; and
WHEREAS, the SR district presently has the largest
municipal parking lot in the City of South Miami, as well as
extensive on- street parking and off - street parking which can be.
leased on a month to month basis; and
WHEREAS, the Mayor and City Commission believe the location
of small restaurants in the SR district will promote the goals
and objectives of a comprehensive master plan, to -wit: open
space, landscaping, use of small scale structures and pedestrian
generated retail and restaurant activity; and
WHEREAS, the Mayor and City Commission therefore wish to
amend the Land Development Code to provide for reduced parking
requirements for small restaurants within the SR district upon
compliance with special use conditions;
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 be, and hereby
is, amended as follows:
SMALL RESTAURANT. Shall mean a restaurant as defined in this
Code which c0htains no more tharl, 02� 00 gross square feet.
'3
Section 2. Section 20 -3.3 /(D) be, and hereby is, amended
o include the following additional use:
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
Small Restaurant S 19 11
Section 3. Section 20 -3.4 of the Land Development Code be,
and the same is, hereby amended to add the following subsection
19:
(19) SMALL RESTAURANT
a. Small restaurants must be located within 200 linear
feet of a municipal parking lot.
P
b. The dtr�e� parking on small restaurant premises .
must be used for customers only; employees and management
must park in off -site parking.
Section 4. 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 5. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this _th day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
� n 1 1 va1�r.S
ORDINANCE NO.
A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 16 - 12
"DEFINITIONS" OF ARTICLE II "CITY PENSION PLAN" OF THE
CODE OF ORDINANCES �,F THE CITY OF SOUTH MIAMI TO AMEND
THE DEFINiTION OF PARTICIPATION DATE TO THE DATE AN
EMPLOYEE ELECTS TO PARTICIPATE IN THE PENSION PLAN;
PROVIDING FOR SEVEE.ASILITY; ORDINANCES IN CONFLICT; AND
AN FFFEC:TIVE DATE.
WHEREAS, the Present City Pension Plan contained in Article
II of Chauter 16 of the Code of Ordinances of the City or South
Miami states " Participation date shall mean October 1 of each
year this plan is in effect including October 1, 156511,
and
WHEREAS, the effect of this definition has been to limit
emplovees to a 30 day period from October 1 of any year through
the end of October in that year in which to elect to join the
Plan, and
WHEREAS, the Pension Board has recommended, and the Mayor
and City Commission wish to adopt, a change of the deflnition to
enable empiovees to enter the Plan at any time,
NOW, THEREFORE, SE IT ORDAINED BY THE MAYOR A14D THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section _�� That the definition of "Participation uate" in
Sect::,n 16 - 12 of the Code cif Ordinances of the City of South
Miami, Florida be, and hereby is, amended to read as
Participation date shall mean the date upon which an
emoiovee elects to pazticinate in the South Mianii
Pension Plan.
section 2. The -itv Administration be, and 'hereby is,
authorized to except steps such as are necessary to carry out
The aforesaid amendmpnr_.
any section, clause, sentence or phrase Gr
this Ordinance is held to be invalid or unconstitutional by any
co t of competent jurisdiction, then said holding shall In no
way aifect 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 r..ch day of March, 1991.
APPROVED:
ATTEST:
CITY CLERK....- •---- •----- _.....�_.
READ AND APPROVED AS TO FORM:
CITY — ATTORNEY
MAYOR
2
City of South Miami
INTER — OFFICE MEMORANDUM
TO: City Clerk OATE: March 13, 1991
FROM SUBJECT: ,�
Pen on Administrator .eliminate October 1
as Plan Participation Date
At the October 31, 1990 Pension Board Meeting, a Motion was made
and passed that October 1 as plan participation date be eliminated.
Request this change to Chapter 16, Pensions, be placed on the City
Commission Meeting Agenda for appropriate action.
cc: Mayor Cathy McCann
Attachment
4) approval of Waller Wilson's ir_voice.
Payment of Mr. Wilson's invoice from May 1988 was approved
by the roa=d.
51 quarterly Payment of City's Contribution.
A discussion of request from the State to pay the City's
Contribution to the Pension Plan quarterly was held. A
further discussion with the officials will be made to
determine the test method of payment.
6) Discussion of Monthly AVESCO Report.
Mr. Harty and other Board Members questioned Mr. Matus
of INVESCO the meaning of different sections of the
Monthly Report. Mr. Matus went through the report thoroughly
with the Board Members answering.any questions.
There being no further business, the meeting adjourned at 5:15 P.M.
CATHY. MCCArTLt
CHAIRPERSON
2
SOUTH MIAMI PENSIOIT BOARD MEETING MINUTES
OCTOBER 31, 1990
The meeting was called to order at 4:03 P.M. by Chairperson
Cathy McCann. Those in attendance were:
11111ayor Cathy McCann.
Charles P. Harty
William Bostick
Mike Matus
John Y1. Corbliss
Dayton C. Cramer
Absent:
Captain Ledly Moss
Waiter Stevens. '
The following was discussed:
Mayor
Citizen
Public '
IN'VESCO
Finance
Pension
Chairperson
Member
Yorks :°:ember
Director
Administrator
Police Member
Citizen Member
1) Approval of Minutes for July 18, 1990.
Charles Harty made a motion that the minutes be approved.
William Bostick seconded the ;notion which was approved
by unanimous vote of those present. 3 -0
2) An of early retirement for Walter Johnson.
Charles Marty made a motion for approval of early retire-
ment for Walter Johnson which was seconded by William
Bostick. The motion was approved by unanimous vote of
those present. 3 -0
3) limi nate October 1 as Plan Participation date.
r. Harty moved that the Board table this item until other
things are considered. ;!r: Harty's motion died for lack
of a second. Chairperson McCann did not agree and expressed
her opinion that other items might take several months of
discussion before being considered for change and that was
no reason to keep employees from joihing the pension system
if they wished. Chairperson McCann made a motion that the
Zoard request that an ordinance be placed on the appropriate
agenda to eliminate October 1 as t`ie plan participation date.
ir. Bostick secnri;ted the motion which passed by unanimous
vote of those present. 3 -0
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U N 5 U N 5 t I
5844 sunset drive, south miami, florida 33143, (305) 662 -1022
Bw
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LAW OFFICES
POPPEB & POPPETt
PROFESSIONAL ASSOCIATION
DADELANO SQUARE BUILDING . SUITE 710
7700 NORTH KENOALL DRIVE.
MLAMI. FLORIDA 33156
DAVID POPPER
March 13, 1991
The Honorable Kathy McCann, Mayor,
and the City Commission
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attention: Office of the City Clerk
Ms. Rosemary Wascura
RE: City Commission Meeting - March 19, 1991
Dear Mayor and Conmission:
TELEPHONE (305) 271.22:Cl
TELECOPIER (305) 271.2241
I would appreciate the opportunity to address the City Commission
at its meeting scheduled for next Tuesday, March 19, regarding
certain landscaping improvements to my home at 5900 S.W. 85
Street in South Miami (where my wife and I have resided for the
past 30 years).
Thank you for your courtesies in this matter.
Very ul y yours,
DAVID POPPER
DP:djh
/sm.ltr /d9/
VIA TELECOPIER 663 -6353
AND COURIER DELIVERY.