04-02-91OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Dr.
REGULAR CITY COMMISSION MEETING
April 2, 1991
7:30 p.m.
A. Invocation
AdOML
v
Next Resolution: 7 -38 -91 -9102
Next Ordinance: 719 -91 -9093
Next Commission Meeting: 4/16/91
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations
D. Items for Commission Consideration:
1. Approval of Minutes of March 19, 1991, Regular Commission Mtg.
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 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; providing
for severability: ordinances in conflict; and an effective date.
(Mayor.) 3/5
RESOLUTIONS FOR PUBLIC HEARING:
5. 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 Eating Place in SR (Specialty Retail) District Pursuant to
Section 20 -3.3 (D) of the Land Development Code of the City of
South Miami, Florida by W. Stanley Dodd, Jr., Trustee for the
Premises commonly known as 5859 SW 73 Street, South Miami, Florida
and legally described herein. (PB /Administration) 3/5
RESOLUTIONS:
6. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida authorizing Flagler Federal Savings and Loan Assc.
to file a Comprehensive Plan Amendment in conjunction with its
Amendment to the Development of Regional Impact Development Order
for the Bakery Centre. (Vice- MayorCarver) 3/5
7. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, designating April 13th through April 19th, 1991, as
"Clean -Up, Paint -Up, Fix -Up Week" in the City of So Miri� /�L.
Mayor
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, approving Newsrack Locations within the City of
South Miami proposed by The Miami Herald Pub Ndministra shing Com 4ny
� ionj 3/5
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, appointing Ana Sippin as a member of the City of
South Miami Capital Improvement Board to serve in such capacity
until March 1, 1993, or until a successor is duly appointed and
qualified. (Mayor) 3/5
10. A Resolution of the Mayor and City Commission of the City of South
,Miami, Florida, appointing Lillian Valdespino as a member of the
City of South Miami Capital Improvement Board to serve in such
capacity until March 1, 1993, or until a successor is duly appointed
and qualified. (Mayor) 3/5
i
OFFICIAL AGENDA
continue page 2
April 2, 1991
ORDINANCES - FIRST READING:
11. 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. (Commissioner Cooper) 4/5
12. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida providing for a maximum allowable capaign
contribution of $100.00 to any one candidate by any one person
and providing that this Charter Amendment by approved by Ballot
referendum at the general election on February 11, 1992.
(Comm.: Launcelott) (•3/5)
13. An Ordinance providing for a franchise and granting permission
-and authorizing Southern Bell Telephone and Telegraph Company
to use the public streets of the City of South Miami, Florida,
for the purpose of erecting, constructing, maintaining and
operating lines of telephone and telegraph equipment thereon
and thereunder; providing for a term of fifteen (15) years;
providing for a fee; providing for severability; providing for
ordinances in conflict and an effective date.
(:Mayor McCann/
Comm. Cooper)
REMARKS:
none
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed:ngs is
Aade, which record includes the testimony and evidence upon which the
appeal ts,based.
I
C4/51
•_r
I�7
OFFICIAL AGENDA
iTy OF SOUTH MIAMI
6130 Sunset Dr.
:_GULAR CITY COMMISSION MEETING
oril 2, 1991
.30 p.m.
Invocation
Next Resolution: ;38 -91 -9102
Next Ordinance: _`19 -91 -9093
Next Commission Meeting: 4/16/91
Pledge of Allegiance to the Flag of the United States of America
Presentations
Items for Commission Consideration:
1. Approval of Minutes of March 19, 1991, Regular Commission Mtg.
2. City Manager's Report
3. City Attorney's Report
RDINANCES - SECOND READING AND PUBLIC HEARING:
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida amending S.ection 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; providing
for severab1lity: ordinances in conflict; and an effective date.
(Mayor) 3/5
IESOLUTIONS FOR PUBLIC HEARING:
�. 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 Eating Place in SR (Specialty Retail) District Pursuant to
Section 20 -3.3 (D) of the Land Development Code of the City of
South Miami, Florida by W. Stanley Dodd, Jr., Trustee for the
Premises commonly known as 5859 SW 73 Street, South Miami, Florida
and legally described herein. (PB /Administration) 3/5
RESOLUTIONS:
6. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida authorizing Flagler Federal Savings and Loan Assc.
to file a Comprehensive Plan Amendment in conjunction with its
Amendment to the Development of Regional Impact Development Order
for the Bakery Centre. (Vice- MayorCarver) 3/5
7. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, designating April 13th through April 19th, 1991, as
"Clean -Up, Paint -Up, Fix -Up Week" in the City of So�Miri, /5L.
Mayor
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, approving Newsrack Locations within the City of
South Miami proposed by The Miami Herald Pub fishing Com ?4ny
Ndministra ion) 3/5
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, appointing Ana Sippin as a member of the City of
South Miami Capital Improvement Board to serve in such capacity
until March 1, 1993, or until a successor is duly appointed and
qualified. (Mayor) 3/5
10. A Resolution of the Mayor and City Commission of the City. of South
Miami, Florida, appointing Lillian Valdespino as a member of the
City of South Miami Capital Improvement Board to serve in such
capacity until March 1, 1993, or until a successor is duly appointed
and qualified. (Mayor) 3/5
)FFICIAL AGENDA
:ontinue page 2
April 2, 1991
)RDINANCES - FIRST READING:
11. 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. (Commissioner Cooper) 4/5
12. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida providing for a maximum allowable capaign
contribution of $100.00 to any one candidate by any one person
and providing that this Charter Amendment by approved by Ballot
referendum at the general election on February 11, 1992.
(Comm.: Launcelott) (•3/5)
13. An Ordinance providing for a franchise and granting permission
-and authorizing Southern Bell Telephone and Telegraph. Company
to use the public streets of the City of South Miami, Florida,
for the purpose of erecting, constructing, maintaining and
operating lines of telephone and telegraph equipment thereon
and thereunder; providing for a term of'fifteen (15) years;
providing for a fee; providing for severability; providing for
ordinances in conflict and an effective date.
(:Mayor McCann/
Comm. Cooper) 04/51
REMARKS:
none
You are hereby advised that if any person desires to appeal any decision
with respect to any wetter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed :ngs is
Aade. which record includes the testimony and evidence upon which the
appeal i.s,based.
z
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Dr.
v
REGULAR CITY COMMISSION MEETING Next Resolution: "38-91-9102
April 2, 1991 Next Ordinance: 719 -91 -9093
7:30 p.m. Next Commission Meeting: 4/16/91
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations
D. Items for Commission Consideration:
1. Approval of Minutes of March 19, 1991, Regular Commission Mtg.
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING: `,�
4.
1 I Ll--7/
An 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 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; providing
for severability: ordinances in conflict; and an effective date.
(Mayor) 3/5
/. </, 7 /
RESOLUTIONS FOR PUBLIC HEARING: 9 / J
J� �---
5. 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 Eating Place in SR (Specialty Retail) District Pursuant to
Section 20 -3.3 (D) of the Land Development Code of the City of
South Miami, Florida by W. Stanley Dodd, Jr., Trustee for the
Premises commonly known as 5859 SW 73 Street, South Miami, Florida
and legally described herein. (PB /Administration) 3/5
RESOLUTIONS: sq,_ Q/_ qC CD 3
6. A Resolution of the Mayor and City Commiss ion of the City of South
Miami, Florida authorizing Flagler Federal Savings and Loan Assc.
/'to file a Comprehensive Plan Amendment in conjunction with its
!/ Amendment to the Development of Regional Imp ct Development Order
for the Bakery Centre. �D _ _ q/3 (Vice- MayorCarver) 3/5
7. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, designating April 13th through April 19th, 1991, as
"Clean -Up, Paint -Up, Fix -Up Week" in Me City of Sot Mira /5L.
/- 9/- ,D� Mayor
8. A Resolution of the Mayor anCity Commission of the City of South
Miami, Florida, approving Newsrack Locations within the City of
South Miami proposed by The Miami, Pub lishing Comp4ny
��� (Administration) 3/5
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, appointing Ana Sippin as a member of the City of
South Miami Capital Improvement Board to serve in such capacity
until March 1, 1993, or until a successor is duly appointed and
qualified. ,/r (Mayor) 3
9/
Q /5
10. A.Resolution of the Mayor and City Commission of the City. of South
/Miami, Florida, appointing Lillian Valdespino as a member of the
City of South Miami Capital Improvement Board to serve in such
capacity until March 1, 1993, or until a successor is duly appointed
and qualified.
(Mayor) 3/5
OFFICIAL AGENDA
continue page 2
April 2, 1991
ORDINANCES FIRST READING:
11. 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. a1 U (Commissioner Cooper)
12. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida providing for a maximum allowable capaign
contribution of $100.00 to any one candidate by any one person
and providing that this Charter Amendment by approved by Ballot
referendum at the general election on February 11, 1992.
( Comm.: Launcel ott)
13. An Ordinance providing for a franchise and granting permission
-and authorizing Southern Bell Telephone and Telegraph Company
to use the public streets of the City of South Miami, Florida,
for the purpose of erecting, constructing, maintaining and
operating lines of telephone and telegraph equipment thereon
and thereunder; providing for a term of fifteen (15) years;
providing for a fee; providing for severability; providing for
ordinances in conflict and an effective date.
(Mayor McCann/
REMARKS-
none
4/5
Comm. Cooper) (4/51
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
Aade, which record includes the testimony and evidence upon which the
appeal i.s, based. .
I
l �
ORDINANCE NO.
A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THIE
(.'ITY OF SOUTH MIAMI. FLORIDA AMENDING SECTION 16 - i?
"DEFINITIONS" OF ARTICLE II "CITY PENSION PLAN" -`IF THE
CODE OF ORDINANCES OF THE CITY OF zOUTH MIAMI: TO AMEND
THE DEFINITION i)F PARTICIPATION DATE TO THE LATE AN
EMPLOYEE ELECTS TO PARTICIPATE IN THE PENSION PLAN:
PROVIDING FOR SEVERABILITY: ORDINANCES IN CONFLICT: AND
AN EFFECTIVE LATE.
WHEREAS, the present City Pension Plan contained in Article
Ii of Chapter 16 of the Code of Ordinances of the Citv of South
Miami states "Participation date shall mean October 1 of each
year this plan is in effect including October 1, 196511,
and
WHEREAS, the effect of this definition has been to limit
emolovees to a 30 day period from October 1 of anv vear through
the end of October in that vear in which to elect to join the
Plan. and
WHEREAS. the Pension Board has recommended, and the Mayor
and Citv Commission wish to adopt, a chanae of the definition to
enable empiovees to enter the Plan at anv time.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
-,- OMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA:
--ection 1. That the definition of "Participation Date" in
Section 1.6 - 12 of the "ode of Ordinances of the City of outh
Miami. Florida be. and �erebv is, amended to read as follows:
:parr Cinar.ion date shall mean the date upon which an
amnlovee elects ro Participate in the South :Miami
Tension Tian.
,ecTion - the Administration be, and hereby
,urhor iced -:n rake _ urh tens as are necessary co carr v out -:he
4cresa i,i ;.mendment .
:sect'on = >f any section. -lause, sentence or ?hrase of
r_his ordinance is held to be invalid or unconstitutional by anv
court of competent -iurisdiction, then said holdina shall in no
j L
wav affect -he validity of the remaining portions of this
Cird i nance .
Section. All Ordinances or parts of Ordinances in
conflict herewith be. and the same are. hereby repealed.
Section 5. This Ordinance shall take effect immediateiv at
the time of its passage.
PASSED AND "ADOPTED this th day of March. 1991.
APPROVED:
0
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
C'ITY ATTORNEY
City of South Miami
INTER — OFFICE MEMORANDUM
To: City Clerk DATE: Larch 13, 1991
FROM! Pen on Administrator SUBJECT:
: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
r SOUTH MIAMI PENSION BOARD MEETING MINUTES
OCTOBER 31, 1990
The meeting was called to order at 4:08 P.M. by Chairperson
Cathy McCann. Those in attendance were:
Mayor Cathy P-,IcCann
Charles P. Marty
William Bostick
Mike Matus
John M. Corbliss
Dayton C. Cramer
Absent:
Captain Ledly Moss
Walter Stevens. '
The following was discussed:
Mayor
Citizen_
Public
IN7ESC0
Finance
Pension
Chairperson
Member
rlorks :Member
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 motion which was approved
by u.nanimous vote of those present. 3 -0
2) Approval of early retirement for Walter Johnson.
Charles Harty 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 preser..t. 3 -0
3) Eliminate October 1 as Plan Participation date.
Ir. Harty moved that the Board table this item until other
things are considered. Mr: 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
3oard request that an ordinance be placed on the appropriate
agenda to eliminate October 1 as the plan participation date.
17r. -Costick seconded. the motion which passed by unanimous
vote of those present. 3 -0
-) E•' 4�•l f-- �-? E•l E�3f••? 4• iE�•• 3F •iE••�f•�E- 3E-:f-•3E�(- -if- -?E �- -?4-aE•iEaE- 3E•3f• 94- iEaf••iE• jf••3E�-� �E-- �- d(-• 3(-- )E•�E�i(--lF•14�Fi4••3E-3c•iF iF iE�iF- �P�i f- it•3(- •i(=�f•'1F9Eir�•IE�F�F
t
4) Approval of Wally Wilson's Invoice.
Payment of Mr. Wilson's invoice from May 1988 was approved
by the roard.
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 best method of payment.
6) Discussion of Monthly IINESCO Report.
Mr. Harty and other Board Members questioned Mr. Matus
of I?NESCO the meaning of different sections of the
AK
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 MCCAPPt
CHAIRPERSON
2
r-
i (¢
RESOLUTION
A RESOLUTION CIF THE MAYOR ANii CITY COMMISSION OF THE
'TTY 1)F 8011TH MIAMI. FLORIDA APPROVING AN APPLICATTON
FtIR A SPEC (AI. USE PERMIT FOR AN EATING PL.AO..E IN SR
t SPEC'I ALTY RETAIL) DI STR 3 CT PURSUANT TO SF.CTI ON 20 - 3 . �
(Ui OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI. FLORIDA BY W. STANLEY DODD, 3k., TURSTEE FOR THE
PREMISES COMMONLY KNOWN AS 5859 S.W. 73 STREET, SOUTH
MIAMI. FLORTDA 33143 AND LEGALLY DESCKIBED HEREIN
WHEREAS! Seelion 20 - 3.4 D of the Land Development Code of
the City of South Miami provides for eating places in SR
(specialty retail) districts as a special use; and
WHXREAS, W. Stanley Dodd, Jr.., Truatee has made application
for a Specitil Ilse Permit for the premises commonly Knovn as 5859
S.U. 7.1 yt•r""r . Sntit'h Miami, Florida 33143 and legally described
as follovm:
and
Lot 33 and Lnr 34, less the south 10 feet, W. A.
Larkin's Subdivision, according to the Plat thereof, as
recorded in Piat Book 3, Page 198 of the Public. Records
of Dade Countv, Florida;
WHRRF..AS. on March 16, 1991, the Planning Board recommended
the special usP gRrmit Aoolication be approvers by a 5 - 0 vot.e;
and
WHEREAS.. it appears to the Mevor, and rommis:sion that the
a11n1ir:anr hAr, met the requirements of the Special Ilse Permit as
sri- r"nr rn in t:he r uresaid Section;
NCiW . rHEkEFi,iRE . BE IT RESOLVED BY THE MAYOR AND THE CITY
Q1)MM1 :351'!N OF THE CITY OF SOUTH MIAMI, FLORIDA:
,ec_ripn 1_ A 00ecial Ilse Permit for an eating place by W.
Stanley Dodd, 3r., Trustee, be, and hereby is, approved for the
premises commnn)v Known as =,859'8.w. 73 ,3treet, outn Miami,
Florida ".-3143 and le('Ally described hereiriabnve.
' PAS - ELI AND ADOPTED this th day of April, 1991.
ATTEST:
READ AND APPROVED AS TO FORM:
Y ATTORNEY
�� r
APPROVED:
2
There being no one else present to speak either for or against this
application, Chairman Ligammare called the Public Hearing closed
and Executive Session open.
Staff recommends approval as the request meets Code requirements.
Mr. Ligammare asked if the statement- within the application, under
Analysis, which refers to "inside or patio service only" comes from
the LCD. Even though this application is only for inside service,
should it be granted, patio service would be allowable. Ms. Lama
said that both are allowed under the Special Use Conditions and
would meet the Special Use conditions as they are stated in the
Code.
Mr.Lefley asks if the Board has the right to ask that condition be
placed in the approving resolution? Ms. Lama said that it is part
of the Special Use Conditions already so must be meet in order to
qualify.
Chairman Ligammare called for a Motion to Approve, so moved by Mr.
Parr. Seconded by Mr. Gutierrez.
Vote: Approved: 5 Opposed: 0
Applicant: Mayor & City Commissioners
Request: An ordinance of the City of South Miami, Florida,
amending Chapter 4 of the City's Code of Ordinances
by revising the distance requirements between
restaurants and residences and between restaurants
and restaurants; revising the distance requirements
between bars /lounges and bars /lounges and between
bars /lounges and nightclubs; providing for the
severability of the provisions hereof; repealing all
ordinances inconsistent herewith; and providing an
effective date.
Applicant: Mayor and City Commissioners
Request: An ordinance of the City of South Miami, Florida,
Amending subsection (5) of Section 20 -3.4 (B) of the
Land Development Code of the City of South Miami,
Florida by adding a Subsection m to provide for
r
M = NUTE S .
Planrnirng Board'
Tuesday, March 26, 1991 4 o
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.
Present
Absent
Larry Ligammare Sharon Jenkins
Robert Parr Diana Gonzalez
John Lefley
Manuel Gutierrez, Jr.
Paul Eisenhart
Also present are: Sonia Lama, AIA, B & Z Director; Soheila
Goudarzi, Planner and Pat DeLisa, Board Secretary.
C. Approval of the Minutes of March 12, 1991. Mr. Parr moved to
approve with additions and corrections as noted.
Vote: Approved: 5 Opposed: 0
D. Public Hearings.
ri 1=x
Applicant: W. Stanley Dodd, Jr. Trustee
Request: Special Use Permit for an Eating Place in the SR
(Specialty Retail) District, as specified in Section
20 -3.3 (D) of the Land Development Code.
Legal: Lot 33 and lot 34 less the south 10.00 feet "W. A.
Larkin's Subdivision ", according to the plat thereof
as recorded in plat book 3, at page 198, of the
Public Records of Dade County, Florida.
Location: 5859 sw 73rd Street
South Miami, Florida
Mr. John Nichols signed in, representing the applicant and HNK
Investments, Inc., leasee of the building. He stated that this
application is for the purpose of re- opening a restaurant /lounge.
There is no request for additional square footage, outside service,
fast food, walk -up or drive -in facilities, only for interior
renovations. The application meets code requirements for parking
and dimensions which were in effect at the time the building was
originally permitted.
9
S TAF F REPORT
March 26, 1991
PB -91 -007
Applicant: W. Stanley Dodd, Jr. Trustee/ John R. Nichols
Request: Special Use Permit for an Eating Place in the SR
( Specialty Retail) District, as specified in Section
20 -3.3 (D) of the Land Development Code.
Legal: Lot 33 and lot 34 less the south 10.00 feet "W. A.
Larkin's Subdivision", according to the plat thereof
as recorded in plat book 3, at page 198, of the
Public Records of Dade County, Florida.
Location: 5859 sw 73rd Street
South Miami, Florida
NI z A IWI
The applicant requesting special use permit for an eating
place (inside or patio service only) in SR (Special
Retail) District.
0x -V 1; 1:4 zI11; ""VO to) Z"
Applicant meets all the special use condisions, Section
20 -3.4.
Staff recommends approval.
I 1
MEMORANDUM
DATE March 5. 1991
TO Neil Carver, Vice -Mayor
FROM Martin David Berg, City Attorney
RE Construction of Land Development Code re: Bella Luna
Restaurant
You recently inquired regarding the applicability of Land
Development Code ( "LDC ") section 20 -4.8 B to the Building
Department requirement the Restaurant must comply with special
use requirements in the Code.
Specifically, you asked if this section allowed (for structures
of nonconforming dimensions) "any use permitted in the district
in which it is located . . . ."; and if restaurants are
permitted in that district; why did the restaurant have to comply
with special use provisions? Further, would not a Court order
the Citv to allow the restaurant without it so complying?
Section 20 -1.10 of the LDC says: "The requirements of this Code
are cumulative and all requirements of this Code shall be
complied with prior to the issuance of a development order."
Section 20 -3.3 C of the LDC sets forth the two types of uses: in
subsection (1) uses permitted by right and in subsection (2)
special uses.
Section 20 -1.6 of the LDC says: "Where a conflict exists between
an_v requirement in this Code and any . . . requirement elsewhere
in this Code, the more restrictive . . . requirement shall
prevail."
One cannot predict what a Court might rule, but I would use the
aforesaid sections in arguing the Restaurant would have to
comply with special use.
Incidentally, in this case, the only present requirement of the
special use (LDC section 20- 3.4(B)(4)is that the restaurant is
not "walk -up, drive -in or fast food ", which I do not believe is
the type of restaurant sought.
Enclosures
cc: Mayor
Commissioners
(1) Any business which holds an occupational license,
obtained in. compliance with this Code and all other
,,applicable.. City; : regulations, shall be deemed a
permitted nonconforming use and shall be allowed to
operate .at the license fee . in effect immediately
..prior, to.. the effective- date of this Code and said
.„ fee,tas.may be amended.
(B) Nonconforming Dimensions.,
G i.
�C)
(1) A structure which was erected in conformance with
the applicable dimensional requirements in effect
at the time. of-- .erection but which at a subsequent
date . fails...to • conform to applicable dimensional
requirements due to a change in the zoning map, in
the dimensional - requirements table or in the text
of this Code, may goatinue to be used foC anX use
erm't ict in whi 't is located-,
..,-,,subject to the.requirements of this section.
(2) The. following: requirements shall apply to such
,structures:
(a) Use of such structures shall be consistent with
parking standards applicable on the first date
of..such use; and
(b) In the event of any remodeling or rebuilding,
the remodeling or rebuilding shall not increase
the . extent of nonconformity with any
dimensional requirement.
Existence of..Nonconforming Use
(1) .,The Director-of. Building and Zoning shall make an
initial determination of••the existence' of a
nonconforming, use, 'based upon investigations and
affidavits he, determines to be necessary.
(2).. Where there -is uncertainty in determining the
existence.of a•.nonconforming use, such uncertainty
as to the existence of a nonconforming use shall be
a question of fact,to be- considered by the Planning
Board,•. after.public notice and hearing in accordance
with this Code and Board rules.
LAND DEVELOPMENT CODE CITY OF SOUTH MIAMI
135
ti
20 -1.10 CUMULATIVE 1tZQUI1tEME2JT3
The requirements of this
requirements of this Code shi
issuance of a development
development order or permit
from compliance with all
regulations.
Code are cumulative and all
►11 be complied with prior to the
order. The issuance of a
does not exclude any applicant
other applicable codes and
20 -1.11 ErriccwxvE DATE
This Code shall be in full force and effect from and after its
passage, the effective date being October 26, 1989.
N✓ LAND DEVELOPMENT CODE- CITY OF SOUTH MIAMI
20 -3.3 " PrXM.LP'=.'USE 'SCEIEDULE "
(A) i' Type of : permitted l Uses .
(1) Uses-permitted by right or as a special use in each
district "shall "be determined from the Permitted Use
Schedule inj. Section 20- 3.3(E)
(2)'; All uses ! shall*, 'comply with: .
(a) •any specific special use conditions referenced
and set forth in Section 20 -3.4;
(b) all off- street parking requirements referenced
- andlestablished in Section 20 -4.4; and
(c)'' all other:appliCable requirements of this Code.
(B) Established Nonconforming Uses
Uses which were established prior to the adoption of this
Code or its predecessors, but which are now inconsistent
with the requirements of this Code shall be permitted if
�►%+ 'such uses meet the requirements of this Code for a valid•
nonconforming use.
(C) Permitted Use Schedule
--� (1) Uses identified in a particular district column with
a "P" are "permitted by right" and may be allowed
in such district, subject to all cther applicable
requirements of this Code.
2) Uses identified in a particular district column with
an "S" are "special uses" and may be permitted in
such district with such conditions as referenced in
the "Conditions" column (second from right cn the
Schedule) and defined in Section 20 -3.4, subject to
all other applicable requirements of this Code.
(3) Off- street parking requirements for each permitted
or special use are referenced in the "Parking"
column (far right on the Schedule).and are further
defined in Section 20- 4.4(B).
Revised August 21, 1990
LAND DEVELOPMENT -CODE,- ; I-L- CITY OF SOUTH MIAMI
3 8
5=101V• 20 -1 PURPOSE AND AUTHORITY
(C) Amendments
This Code maybe amended from time to time in accordance
sit.- - "• with the' provisions of ' this Code as required or allowed
by subsequent legislative enactments.
20 -1.5 JV1EtIS1DXCWX0N
The provisions of this Code shall apply to all the territory
encompassed in the jurisdictional area of the City of South
Miami where authority may be exercised pursuant to Florida
Statutes ,r-' Sect•ibn' ' 16 3.3171: '
20 =1. 6 '� CONFL=CWXNQ_ PROYXSIONS
Where a conflict exists between any limitation or requirement
in this Code and any applicable limitation or requirement
elsewhere in this Code, the more restrictive limitation or
requirement shall prevail.
20 -3.-.7 C0M3M2A.NCE
(A) Jurisdiction .....
No building, premises or structure shall be constructed,
erected, modified, altered, converted, occupied, placed,
maintained or moved, and no Land use shall be commenced,
maintained or modified except in compliance with the
provisions and procedures as set-forth herein.
' + +(B) Movement; or.;Placement :of Structures
(1) No structure shall be moved to or placed upon any
premises until a permit for such removal or
placement is obtained.
(2) . When moved..f.rom -one lot to another, structures shall
conform to.all,applicable district provisions.
LAND.DEVELOPMENT CODE CITY OF SOUTH MIAMI
ERWORM MS.�i M •i
(c)' No parking spaces shall'be•located between the front or side of the
principal structure and any street right -of -way line.
(d)� All ambulances and other equipment•shall be stored in a completely
enclosed structure when not in actual use.
y ; (e)"... Principal'structures. shall `have• a minimum setback of at least forty
aasi 7.(40) fset.,fromr• any .side property' line.
( 4.) EATING PLACE .
--�.. (a) All such establishments shall provide only inside or patio service.
ca . c;),.. .
...No. services:..of _a .,walk -up,. drive -in or fast food nature shall be
permitted in NR'or'SR'Districts- •
Services of a,.;walk -up,, .drive -in or fast food
nature shall be
permitted as`A - Special• Use" only in the GR and
I Districts upon
meeting the following conditions:
i. The." City:. Commission shall review all
site plans and
specifications' with regard to traffic circulation,
landscaping., .lot size and access.
ii. No ingress and egress 'shall be permitted along streets and
rights -of -way bordering-residential zoning
districts.
.. Such eating .'places which ' provide walk -up,
drive -in or fast
;� ...,•- ;iii.
J food facilities shall be spaced ra minimum
of three hundred
(300) feet from any eating place.
iv. The City Commission shall review and recommend approval,
disapproval or modification on all site plans snd
specifications.
Revised August 22, 1990 `_ • • •'
(5).GASOLINE.SERVICE STATION
(a) The design of all such establishments shall be compatible with the
overall environmental and architectural design goals of the City.
(b) All merchandise shall be stored and displayed within the principal
structure, except tires, accessories and lubrication items which
may be maintained in movable or enclosable cabinets.
No used auto parts.or junked or wrecked vehicles shall be located
outside. the .principal structure except within enclosed storage
areas.
LAND DEVELOPMENT CODE
CITY OF SOUTH MIAMI
PROPERTY
Qom` W. STANLEY DODD JR., TRUSTEE
PROPERTY: Lots 17, 33 & 34, W.A. LARKIN
SUBDIVISION, Plat Book 3, Page
198, Public Records of Dade County,
Florida.
1AMAREA: ...... ... . ............. 31,125 s.f.
Lot 17 -
(Retail) -
10,875
s.f.
(35 *)
Lots 33/34 -
(Restaurant) -
20,250
s.f.
(65 %)
GROSS
AUILUING AREA: ....................... 10r049 s.f.
Lot 17 (Four Retail Tenants) 3,449 s.f. (30)
Lots 33/34 (Restaurant Tenant) 6,600 s.f. (66 %)
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City of South Miami
e130 Sunset Drive. South Miami. Florida 33143
S TAF F REPORT
March 26, 1991
PB -91 -007
Applicant: W. Stanley Dodd, Jr. Trustee/ John R. Nichols
Request: Special Use Permit for an Eating Place in the GR
(General Retail) District, as specified in Section
20 -3.3 (D) of the Land Development Code.
Legal: Lot 33 and lot 34 less the south 10.00 feet "W. A.
Larkin's Subdivision ", according to the plat thereof
as recorded in plat book 3, at page 198, of the
Public Records of Dade County, Florida.
Location: 5859 sw 73rd Street
South Miami, Florida
• �: �
The applicant requesting special use permit for an eating
place (inside or patio service only) in GR (General
Retail) District.
• tier � i •
Applicant meets alI the special use condisions, Section
20 -3.4.
Staff recommends approval.
5
r•
0
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI. FLORIDA AUTHORIZING FLAGLER
FEDERAL SAVINGS AND LOAN ASSOCIATION TO FILE A
- "OMPREHENSIVE PLAN AMENDMENT IN CONJUNCTION WITH :7S
AMENDMENT TO THE DEVELOPMENT CIF REGIONAL IMPACT
DEVELOPMENT ORDER FOR THE BAKERY CENTRE.
WHEREAS, Flaaier Federal Savings and Loan Association. the
owner of the property cmmmonly known as the Bakery Centre. has
requested the City of South Miami to hermit it to rile a
Comprehensive Plan Amendment in conjunction with its requested
amendment to the DRI Development Order for the Bakery Centre
Droiect• and
WHEREAS, the City's Ordinances limit the time period in
which..Comprehenssive P1an...Amendments..may be- .permitted; and
WHEREAS, under. Section-.--163..3187' (.1') ( b) , Florida Statutes,_
Comprehensive Plan Amendments relatina to amendments to an
existina DRI Development Order may be adopted without regard to,
statutory or local Ordinance limits on the frequency of
N consideration of amendments to the local Comprehensive Plan: and
WHEREAS. this interpretation has been confirmed by the
Florida Deoar.tment of Communitv Affairs by letter dated Februarv-
18;.1991. .a copy of which is attached, '
NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR AND THE CITY
{:iI'lMISSivN 0 THE CITY 11F S01-7,TH MIAMI. FLORIDA
Secrion That F lacier Federal .savings and Loan
Association may Life a Comprehensive Plan Amendment for the
�ikery -:enure without regard to statutory or local =_mils on the
*re,7nencv: --i consideration of amendments to the local
r7nmmrehensive Dian in conjunction with its proposed amendment -o
-?e - xisrina DRI Dev; iIooment 3raer _or the : jakery Ventre oroiect.
PASSEL AND ADOPTED this th day or Aaril. 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, DESIGIIATING APRIL 13TH THROUGH
APRIL 19TH, 1991, AS "CLEAN -UP, PAINT -UP, FIX -UP WEEK" III
THE CITY OF SOUTH MIAMI, FLORIDA.
WHEREAS, the citizens of the City of South Miami, "the City
of Pleasant Living ", take great pride in the cleanliness of their
yards and streets.
WHEREAS, the month of April has been designated "Keep Dade
Beautiful month" and will see the largest clean -up ever attempted
by the citizens of Dade County; and
VHEREAS, the Mayor and City Commission wish to encourage
participation by the City's residents in the pick up of litter
and special trash collection to be provided.
NO1:1, THEREFORE, BE IT RESOLVED EY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
.Section 1. That April 13th through April 19th, 1991, be
and hereby is designated "Clean -Up, Paint-Up, Fix -Up Week" in
the City of South Miami.
Section 2. That the City will assist with extra trash and
tree trimming removal services and that all residents and
property owners are encouraged to take advantage of this
opportunity to beautify and enhance their properties.
PASSED AND ADOPTED this day of April, 1991.
APPROVED:
ATTEST:
+_ Mayor
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
RESOLUTION NO.
L RESOLUTION OF THE MAYOR AVD CITY COI ".FISSION OF TI1F CITY CF
SOUTH I:IAMI, FLORIDA, APPR.OVINC VEI ;SRACh LOCLTIONS I•,ITI,'Ii'
THE CITY OF SOUTH MIAMI PROPOSED BY THE 11'IAI•II I =ALD
PUBLISHINC COMPANY.
WHEREAS, by Ordinance Ito. I2 -90 -1451, adopted August 2.1,
199C, specific requirements for the placement, installation and
maintenance of newsracks in the City of South Miar.;i were enacted;
and
WHEREAS, pursuant to that Ordinance, the Miami Herald
Publishing Company has submitted fourteen (14) proposed locations
attached hereto as Exhibit "A "; and
WHEREAS, the City Manager has approved the locations as
having met the requirements of the aforesaid ordinance; and
WHEREAS, the Ordinance further requires the approval of the
City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That the proposed newsrack locations set forth
in the attached Schedule "A" submitted by the Miami Herald
Publishing Company be, and the same hereby, is approved.
PASSED AND ADOPTED this day of , 1991.
ATTEST:-
City Clerk
READ AND APPROVED AS TO FORM:
. CITY ATTORNEY
,r
APPROVED:
MAYOR
i�
City of South Miami
INTER — OFFICE MEMORANDUM
TO: William Hampton
City Manager
oATEi March 22, 1991
FROM: Sonia Lama SUBJECT: Miami Herald
B.& Z Direct $V Newsracks
The Miami Herald has requested approval for newsracks
in the following locations:
* 1.
Plaza Bldg
7000
SW 62 Ave
* 2.
Allen Drugs
5700
Bird Rd
* 3.
Bakery Center
7150
Red Road
* 4.
First National Bank
5750
Sunset Dr
* 5.
Goody's Bakery
7220
Red Road
6.
JJ's American Diner
5800
Sunset
7.
Lee's Pharmacy
5894
Sunset
8.
McDonalds
6200
S. Dixie
9•
SMH
7400
SW 62 Ave
10.
Barnett Bank
6262
Sunset
11.
Deli Lane Cafe
7230
SW 59 Ave
12.
Amoco
6350
S. Dixie
13.
Eckerd's
5894
Sunset
14.
Metro Rail
5900
Sunset
* Have been installed
I:YWTRTT A
RESOLUTIOU 110.
A RESOLUTION OF TIIE VAYOR AND CITY COMMISSION OF THE CITY
OF SOUTU 11IAYI, FLORIDA, APPOINTINC APIA SIPPIN AS A
MEIIBER OF TIIE CITY OF SOUTH MIAMI CAPITAL IMPROVEMENT
BOARD TO SERVE IN SUCH CAPACITY UNTIL :IARCK 11 1993, OR
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
WHEREAS, the Mayor and City Commission heretofore adopted
Ordinance No. 11 -82 -1134 creating a Capital Improvement Board for
the City of South jMiani; and
WHEREAS, there is currently a vacancy on that Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTII MIAMI, FLORIDA:
Section 1. That Ana Sippin be and hereby is appointed as
a member of the City of South Miami Capital Improvement Board to
serve in such capacity until I•larch 1, 1993, or until a successor
is duly qualified and appointed.
PASSED AND ADOPTED this day of , April, 1991.
APPROVED:
ATTEST:
City Clerk Mayor
READ AND APPROVED AS TO FORT:
City Attorney
RESOLUTIOV V0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF TEE CITY
OF SOV711 VTA11, FLORIDA, APPOINTIf,C LILLIAN VALPESPINO AS
11, 11EMBER OF TILE CITY OF SOUTH 1'IM:I CAPITAL IMPROVEMENT
BOARD TO SERVE II' SUCH CAPACITY Ut'TIL MARCH 11 1993, OP
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
WHEREAS, the Mayor and City Commission heretofore adopted
Ordinance No. 11 -52 -1134 creating a Capital Improvement Board for
the City of South Miami; and
UMEREAS, there is currently a vacancy on that Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
CO1111ISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Lillian Valdespino be and hereby is
appointed as a member of the City of South Viami Capital
Improvement Board to serve in such capacity until March 1, 1993,
or until a successor is duly qualified and appointed.
PASSED AND ADOPTED this day of , April, 1991.
ATTEST:
City Clerk
READ AND APPROVED AS TO FOMM,:
City Attorney
APPROVED:
Mayor
1 �
ORDINANCE NO.
AN (jRDTNANC:R OF THE CITY OF SOUTH MIAMI, FLORIDA?
AMENrj) NG 1(Nr)FR SECTT ON 2n-4.4 (I) nF THE (, ANn
rjFVEL0PMF.NT Ci iDE (iP THE CITY OF SOUTH MIAMI.. FLORIDA TO
PROVIDE FOR TNTEKIM PARKING ARRANGEMENTS; PR0VTD1Nf:
FOR SEVRRABTI,TTY; (tRDINANCES IN C'ONFI.IC:T; AND AN
EF>+ECTTVE DATE.
WHXREAy, the City of South Miami, Florida has heretofore
e:nactead a Land bevAlopment Code, which in Section 20 -4.4 (I) (1.)
provide q; "No narking fees, charges or other remuneration shall be
charged for the use of any or all off - street parking spaces as
may bp rpnnired by this Code "; and
WHEREAS, in fact there exists available, unused off- street
parking which can he leased on a month to month hasis, but which
under the existing Code cannon- be, leased to provide- for temporary;
narking wh.il•e �+ niven parted. of-- land within the City of South.
Miami is under construction, either initial or e3xpantion; and
WHE;RRAS.. the Mavor and City Commission therefore wish to
Amend the Land Development Code to provides for interim parking
arrnnet#-_ment ,!5 nur,n a limited basis;
NOW, THEREFORE.. BE IT ORDAINED BY THE MAYOR AND THE CITY
C'0MMISSION CW THI-: i'TTY OF SOUTH MIAMI, FLORIflA:
opct.ipn_1. Rection 20 -4.4 (I) of the Land Development Code
bP, and they sawe is, hereby amendeei to read as follows:
T. Parkinn Fees Prohibited Generally; Exceptions
(1 1 No pare inn fP.>s; rhar+;tes or other remuneration shall be
rharried for the use of any or all off- street; parking
snac -Prl /-as may he r.euuirerl by this rode;
except as
nruvided in nubuaragraph (3) below,
(2) Nnthintl heroin ahall be_ ronzt:rued to affect- any parking
fpes . cntarRrs or other remuneration f. nr niibl i r.ly -awned
nark i nn nr.)aves nr for off- mtreet- parking ; spaces not
rermized by this, Curie.
f 1) The C-1ty may waive the prnnibition contained
in subnaraaraph (1) ' above under such terms and
conditions 3s 117 may pst�+bl ish, following publ ic
hearinri, when it dr- termines that the iolluwing criteria
are met:
(a) The 55 o r: i"ut pns,� n f the parking f. He, charge oz
other rt,muripzat:ion i for the use of excre.ss and /or
11r111qPd off-street leased spaces to serve the
1P�Pep s off-;street narki ny needs Tor property
0
within the City of South Miami which is Undergoing
construction or reconstruction.
(bl The time period for such waiver shall riot exceed
ono year unless the City t!ommiesion shall. grant a
farther waiver under the nrovtsions of this
narauranh for good cause shown.
te! The waiver will not result in a violation of the
off- street parking requirements established by
Artirle IV of the Land Development Cade.
W For purposes of this subsection, the phrase
"exr.ess and /or unused off-street leased parking
anAreg" shall mean those off -site parking spaces
vhic.h arm either in excess of those parking
required fnr the lessor or which are unused by the
lessor, comparing lessor' u occnpancy to lessor's
total. leasable space.
Section 4. I f Arty section, clause, sentence or Phrase of
this ordinance is held to he invalid or unconstitutional by any
court of cnmpet:ent 'iuriSdiction, then said holding shall in no
way affrr.t the vrl.idity nf the remaining portions of this
Ord i name.
Secti!2.n ;?. A11 Ordinances or parts of Ordinances in
c:onfl irt: herewith hN, And the same are, hereby repealed.
Sertinn -_F. This Ordinance shall take effect immediately at
the time of its nAssage.
PARSEE) AND ADOPTED this —th day of , 1981.
ATTEST:
RRhrj AND APPROVED AS TO FORM:
CITY ATT FR_ NFY
APPROVED:
MAYOR
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA PROVIDING FOR A MAXIMUM
ALLOWABLE CAMPAIGN CONTRIBUTION OF S 100.00 TO ANY ONE
CANDIDATE BY ANY ONE PERSON AND PROVIDING THAT THIS
CHARTER AMENDMENT BY APPROVED BY BALLOT REFERENDUM AT
THE GENERAL ELECTION ON FEBRUARY 11, 1992.
WHEREAS, Article V, Section 3 A of the Charter of the City
of South Miami, Florida provides:
The City Commission shall provide by ordinance for the
procedures of elections not inconsistent with State
Laws and /or the Metropolitan Dade County Home Rule
Amendment and Charter .,
and
WHEREAS, : State Law as codified in section 106.08 fl) of the
Florida Statutes currently provides:
No porsoll, political committee, or committee of
continuous existence shall make contribution to any ,
candidate or political committee in this state, for any
election , in excess of the following amounts: . . .
(r) To -a candidate for countywide office or =o a candidate
in anv election conducted on less than a countywide basis,
1.000.
and:
WHEREAS, the Mayor and City Commission of the City of South
Miami, Florida wish to reduce the maximum campaign contribution
Amount to S 100.00 per candidate in order to reduce total
c:ampaian income, recinring total campaign expenditLres and thus
pr.ovidina greatr.r opportunity for all citizens to aspire to
public office; and
WHEREAS, the Mayor and 0.1ty Commission approve this Charter
Amendment, sublent to voter Approval at the February 11, 1992
election.
NOW, THEREFORE:, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Sert Ion 7. That a separate ballot question in the
February 11, 1992, General Election appear in substantially the
fol'inwinq form:
SHALL SUBSECTTON B "CANDIDATES" OF SECTION 1
"OUALIFTCATIONS" OF ARTICLE V, "ELECTIONS' OF THE CITY
CHARTER BE AMENDED TO PROVIDE THAT NO PERSON,
COMMITTEE, CORPORATION, OR OTHER 'ENTITY SHALL MAKE
CONTRTWITIONS TO ANY CANDIDATE OR POLITICAL COMMITTEE
FOR ANY COMMISSION SEAT IN THE CITY OF SOUTH MIAMI,
FLORIDA 1N EXCESS OF t 100.00 PER CANDIDATE?
YES
N0
That this Charter Amendment shall be effective
only upon a ma-inrity vote of qualified electors at the General
Election to be held in February 11, 1992.
.sect Qn 3. That: the City Clerk is hereby directed to
prepare the aforesaid ballot question in conJunction with the
Dade County Supervisor of Elections in accord with all applicable
State. County and City election laws.
PASSED AND ADOPTED this th day of April, 1991.
APPROVED:
MAYOR
ATTEST:
CT TY (: - �. _.. _. .. ___ _.....
READ AND APPROVED AS TO FORM:
C ITY A`1'TORNFY
2
` ORDINANCE NO.
v
J
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI PROVIDING FOR A FRANCHISE AND
GRANTING PERMISSION AND AUTHORIZING SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC
STREETS OF THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE
PURP09E OF ERECTING, CONSTRUCTING, MAINTAINING AND
OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT
THEREON AND THEREUNDER; PROVIDING FOR A TERM OF FIFTEEN
(15) YEARS; PROVIDING FOR A FEE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; RNL
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Southern Bell Telephone and Telegraph Corapan;'
(hereinaifter called "Company") desires to renew its fratnc:ilse
with the City of South Miami (hezeinafter called "City ") for usa
of public streets in the transaction of its business; and
WHEREAS, the City Administration recommends the permios!oii
being granted pursuant to the authority of Section 362.01 Florida
statute$;
NOW, THEREFORE, HE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Lectlon I. That the Company, is hereby granted non-
exclusive permission for use of City rights -of -way 'jpon the
following terms and conditions.
Section 2. The Company, its successors and assigns, is
hereby granted permission to construct, maintain and operate
lines of telephone and telegraph equipment, including the
necessary poles, conduits, cables, electrical conductors an.;i
fiber optics and digital technology fixtures upon, along, under
and over the public roads, streets, highways, and right of wax of
the City of South Miami, Florida, as its business may !roar:
to time require, provided that all poles shall be neat and
symmetrical, and provided that no utility work, described above
or otherwise allowed, shall be installed, located or relocated
without a written permit issued by the City.
Section `s. The work allowed under this franchise shall
done subject to the supervision of the City, and the company
shall replace or properly relay and repair any sidewalk or str&tt
/07
god, landscaping, or other improvement that may be displace, ry
reason of such work, and upon failure of the Company sc i-c 3,
after twenty (20) days notice in writing given by }rs ;,y
Manager to the Company, the City may repair anything that
have been disturbed by the Company, and collect the cos:
incurred from the Company. Any failure of the company to a :-,'pia
by this provision or any other provision of this Francn'_se _y
result in the city causing this Franchise Agreement to be n.jj
and void.
US—t1"-A-- In consideration of the rights and pri•rilet::s
herein granted, the Company shall pay to the City annually a
equal to one percent (lt) of the gross receipts of the Company or.
recurring local service revenues for services provided within
corporate limits of the City by the Company, provided that th- a
shall be credited against such sum the amount of all tax;..,
licensss;'fees and other impositions (except ad valorem ta,_s
and amounts for assessments for special benefits, such as
sidewalks, street pavings and similar improvements, ind
occupational license taxes) levied or imposed by the City
the Company and paid during the preceding fiscal year as defl.-
herein.
Payment shall be bade to the City for each of the years that tl. :--
Ordinance is in effect and shall-be based on the receipts 'of t:.:
Company of the fiscal year, For the purposes of this Paymer.•_,
such fiscal year shall end on December 31st. The annual paymQ;:
shall be made to the City in four (4) installments. The iirs.,
second and third installments of the annual payment ehal,.
based upon such gross receipts for the first, second and thin-
quarters, respectively of the fiscal year and shall be made on ur
before three (3) months following the end of these periods.
fourth installment of the annual, payment shall be made -in
before three (3) months following the and of such fiscal yeaz,
shall. be based upon such gross receipts for the fiscal
shall be adiusted to reflect payment of the first thane
2
Installments. However, the first annual payment shall be m;.:.: in
one lump payment on or before three (3) months subsequent :;1e
passage of this Ordinance (if accepted by the Company) and -.:all
be based upon revenues for the fiscal year ending Decombf:• 31,
1969 and shall be for the permission year April 21, 1999
April 20, 1990.
Section 5, If the City wishes to verify the paymen-. to
the City under this Ordinance, the Company shall permit the 41ty
or a designated representative of the City, upon reason,cle
advance written notice, to review the Company's billinz and
Payment records, upon which the payments were based, d. :ring
normal business hours at the location of the Company where -_ch
records are maintained. However, no Company records m�.�, be
duplicated or taken from the Company +s premises, and the ';ty
shall maintain the confidentiality of the information djacl-�sed.
in these, records and use the information solely for the pure. jas
Of verifying payments by the COMPany, except as may be prop -ded
by the Federal and State public records law.
fct0,p 6. The Company shall endeavor tc ins•:.,' +.I
underground extensions of telephone distribution lines that il:he
Company has determined are necessary or desireable in ,law
subdivisions where all other utilities will also be inste ,ad
underground; provided, however, that such installation sha'.� oe
undertaken when practical and in accordance with and subjecr .o
the requirements of the applicable statues and the Florida puL_ c
Service Commission Rules and Regulations.
Section 7, The Company shall indemnify the City agar... ,
and assume all liabilities for damages which may arise �z arc. ,L,: e
to the City for an injury to persons or property from the d,t:zg
of any work herein authorized, or the neglect of the Comilar: �r
any of its employees to comply with any ordinance regulating ;tie
use of the streets of the City, and the acceptance by the Com,,.rjy
of this Ordinance shall be an agreement by it to pay to :t:e
any sum 'of money for which the City may become liable wro;,,
3
reason of such iniury.
Segtion 8. Nothing in this ordinance shall be construe.. as
a surrender by the City of its right or power to pass Ordina.ces
regulating the use of its streets, rights -of -way or gzAr:t:ing
similar agreements.
section S. This Ordinance shall take effect immed:.ate-; at
the time of its passage.
5eqtion 1_0. The Company shall file with the City !'Ms
acceptance of this Ordinance within sixty (60) days from the _ite
of its final passage; otherwis*f this Ordinance shall theret.;on
become null and void.
cti l -. The permission granted by this Ordinance, if
accepted by the Company, shall be in force and effect for a :.arm
of fifteen (15) years from and after April 21, 1989.
Iffetion 12. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by.3ny
court of competent Jurisdiction, then said holding shall Ii: no
way affect the validity of the remaining portions of ll%ifi
Ordinance.
SectiQn 13. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
PASSED AND ADOPTED this _ th day of , 19�;U.
APPROVED:
i
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
0
I .
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING FLAGLER
FEDERAL SAVINGS AND LOAN ASSOCIATION O FILE A
OMPREHENSIVE PLAN AMENDMENT IN CONJUNCTION WITH
hHENDMENT TO THE DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDER FOR THE BAKERY CENTRE.
WHEREAS. Flagler Federal Savings and Loan Association. the
owner of the property cmmmonly known as the Bakery Centre, has
requested the i�ity of South Miami to permit it to file a
Comprehensive Plan Amendment in conjunction with its requested
amendment to the DRI Development Order for the Bakery Centre
oroiect• and
WHEREAS, the Citv's Ordinances limit the time oeri.od in
which.. Comprehensive Plan. Amendments_.mav be.permitted; and
•;WHEREAS, under.- Section-.163 .-3187_ (.1 ") ( b) , Florida Statutes,..
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; and
-WHEREAS. this interpretation has been confirmed by the
Florida Department -of Communitv Affairs by letter dated Februarv-
i6` :y39i. a copv-of which is attached,
iv Ow, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
i('iMIS�i iN O THE Z----Y OF SC-1U TH MIAMI FLORIDA
Secrion i That F laaier Federal 21'avinas and Loan
Association may film a Comprehensive Plan Amendment for the
7ikery Centre without regard to statutory or local '_imits on the
rrequency of -: onsideration jai amendments to the local
eomprehensive olan in coniurction with its proposed amendment to
-he ?xistina DRI Development 3raer _or :he Rakery Centre oroiect.
PASSED AND ADOPTED this th day of April. 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
U
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, DESIGNATING APRIL 13TH THROUGH
APRIL 19TH, 1991, AS "CLEAN -UP, PAINT -UP, FIX -UP WEEK." 117
THE CITY OF SOUTH MIAMI, FLORIDL.
WHEREAS, the citizens of the City of South Miami, "the City
of Pleasant Living ", take great pride in the cleanliness of their
yards and streets.
W11FP.EAS, the month of April has been designated "Keep Dade
Beautiful Month" and will see the largest clean -up ever attempted
by the citizens of Dade County; and
[;'HEREAS, the Mayor and City Commission wish to encourage
participation by the City's residents in the pick up of litter
and special trash collection to be provided.
NOV, TIIEREFORE, BE IT RESOLVED EY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
.Section 1. That April 13th through April 19th, 1991, be
and hereby is designated "Clean -Up, Paint -Up, Fix -Up Week" in
the City of South Miami.
Section 2. That the City will assist with extra trash and
tree trimming removal services and that all residents and
property owners are encouraged to take advantage of this
opportunity to beautify and enhance their properties.
PASSED AND ADOPTED this
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
day of April, 1991.
APPROVED:
Mayor
t I
RESOLUTION NO.
t. RESOLUTION OF THE VAYCR APD CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPROVIIIC NES:SrAC1; LOCATIONS F;ITHI,'
THE CITY OF SOUTH MIA11I PROPOSED BY THE NIANI 11EP.ALD
PUBLISHID:C COMPANY.
WHEREAS, by Ordinance No. 12 -90 -1451, adopted August .11,
199C, specific requirements for the placement, installation and
maintenance of newsracks in the City of South Miami were enacted;
and
WHEREAS, pursuant to that Ordinance, the Miami Herald
Publishing Company has submitted fourteen (14) proposed locations
attached hereto as Exhibit "A "; and
WHEREAS, the City Manager has approved the locations as
having met the requirements of the aforesaid ordinance; and
WHEREAS, the Ordinance further requires the approval of the
City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That the proposed newsrack locations set forth
in the attached Schedule "A" submitted by the Miami Herald
Publishing Company be, and the same hereby, is approved.
PASSED AND ADOPTED this day of , 1991.
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
9- 1.
APPROVED:
MAYOR
City f South � Miami
INTER — OFFICE MEMORANDUM
TO: William Hampton
City Manager
DATE: March 22, 1991
FROM: Sonia Lama SUBJECT:
Miami Herald 15:v B.& Z Direct Newsracks
The Miami Herald has requested approval for newsracks
in the following locations:
* 1. Plaza Bldg
* 2. Allen Drugs
* 3. Bakery Center
* 4. First National Bank
* 5. Goody's Bakery
6. JJ's American Diner
7. Lee's Pharmacy
8. McDonalds
9. SMH
10. Barnett Bank
11. Deli Lane Cafe
12. Amoco
13. Eckerd's
14. Metro Rail
* Have been installed
EXHIBIT A
�•a
7000 SW 62 Ave
5700 Bird Rd
7150 Red Road
5750 Sunset Dr
7220 Red Road
5800 Sunset
5894 Sunset
6200 S. Dixie
7400 SW 62 Ave
6262 Sunset
7230 SW 59 Ave
6350 S. Dixie
5894 Sunset
5900 Sunset
RESOLUTION NO.
A RESOLUTION OF THE VAYOR AND CITY CONNISSION OF THE CITY
OF SOUTIi ?1IAVI, FLORIDA, APPOIPITINC ANA SIPPIN AS A
MEMBER OF THE CITY OF SOUTH HIAMI CAPITAL I."IPROVEMENT
BOARD TO SERVE IV SUCH CAPACITY UNTIL 21ARCE 1, 1993, OR
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
I;HEREAS, the Mayor and City Commission heretofore adopted
Ordinance No. 11 -82 -1134 creating a Capital Improvement Board for
the City of South Miami; and
WHEREAS, there is currently a vacancy on that Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIOIT OF THE CITY OF SOUTII MIAMI, FLORIDA:
Section 1. That Ana Sippin be and hereby is appointed as
a member of the City of South I'iami Capital Improvement Board to
serve in such capacity until March 1, 1993, or until a successor
is duly qualified and appointed.
PASSED AND ADOPTED this day of , April, 1991.
ATTEST:
City Cler
REED AND APPROVED AS TO FOR?::
City Attorney
rtoir�,
APPROVED:
Mayor
RESOLUTIOF 1'0.
A. RESOLUTIOV OF T11E MAYOR AND CITY COMMISSION OF THE CITY
OF SOV-11 VIANI, FLORIDA, APPOIU I:C LILLIAN VALP.ESPINO AS
A 1?E1 ?BER OF THE CITY OF SOL'T11 1'IAI'I CAPITAL Ii ?PROVEME T
EOARP TO SERVE IV SUCH CAPACITY UUTIL MARCH 1. 1993, OP
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
WHEREAS, the Mayor and City Cor,:mission heretofore adopted
Ordinance No. 11 -82 -1134 creating a Capital Improvement Board for
the City of South ??iami; and
WHEREAS, there is currently a vacancy on that Board.
11017, TPEREFCRE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Lillian Valdespino be and hereby is
appointed as a member of the City of South Viami Capital
Improvement Board to serve in such capacity until March 1, 1993,
or until a successor is duly qualified and appointed.
PASSED AND ADOPTED this day of
ATTEST:
City Clerk
READ AND APPROVED AS TO FOPM:
City Attorney
, April, 1991.
APPROVED:
Mayor
ORIiINANCE NO.
AN 1'iRDTNANCR OF THE CITY OF SOUTH MIAMI, FT- ORIDA.
AMENril NG )1NnER SF.CTT0N 211-4.4 (1) OF THE 1,ANri
r►RVELOPMRNT CC IDE OR THR CITY OF SOUTH MIAMI, FLORIDA TO
PROVIDE FOR INTERIM PARKING ARRANGEMENTS; PROV7DINC:
FOR SEVFRABTI,TTY; ORbfNANCES IN CONFLICT; AND AN
EFFECTT VE DATE.
WHEREAS, the City of South Miami, Florida'ha:s heretofore
enricted a Lance bevRlopment Code, which in Section 20 -4.4 (I1 (1.1
orovidon "No narking fees, charges or other remuneration shall be
charczed for the use of any or all off - street parking spaces as
may hP reniiired by this Code "; and
WHEREAS, in fact there exists Available, unused off- street
narking Which can he lr.ased on r month to month basin, but which
under the existing Cade cannot.-be leased to provide for temporary_:
Parking wh11.F A. given narcel. of-- land within the City of South
Miami im under construction, either initial or expan;%ion; and
WHEREAS. the Mayor and City Commission therefore wish to
Amend thw Lanni Development Code to provide. for interim parking
arr:inciement-% nrion a 11mited basis;
NOW, THEREFORE. AE IT ORDAINED BY THE MAYOR AND THE CITY
00MMTHSION OP THK 1 "TTY OF SOUTH MIAMI, FLORIDA'
opction_1. Apction 20 -4.4 (I) of the Lana Development Code
bP, and the same is, herebv amended to read as follows:
T. Parking Fees Prohibited Generally; Exceptions
( 1 1 No par.kinn ff -k -s; rhar.+.ies or other remuneration shall be
rharned for the ose of any nr all off- strer -t parking
Mac-alq pis may he reauired by this (`ode, except as
nruvided in nubwaracraph (3) below.
(2) Nothina neroitl :hall }3e construed to affect any parking
rFe:s . cnarn "`, or other remunerrat i nn for niibl i r..ly -owned
nark i nn :.penes r1r for off- ;5t:reet parking spaces not
regnixrii by thi:.. Code.
(1) The c-41ty i7onimission may waive the ornhibit; ion contained
in subnaranranh (1) above under such terms and
conditions 3s it may estdblish, followtnR public
hearinr,, when it dpterminas Lhat the ic131uwIng criteria
are met:
la) The sole 1111rpnsf, n Fhe narkina f.Ne, charge az
Other r.•murlrrat i on i for the use of excess and /or
11617 -s ci Off- srr,eet: leased spaces to serve the
le,seep's off- ;street uarkirig needs for nropr.rty
vithin the City of South Miami which is undergoing
construction or reconstruction.
(b) The time period for such waiver shall riot exr:eed
one year unless the City (Iommixsion shall. grant a
forthPr waiver under the provisions of this
narauranh for good cause shown.
(c) Thf, waiver will not result in a violation of the
off. - street parking requirements established by
Article IV of the Land Development Code.
(d) For purposes of this subsection, the phrase
"excess and /or unusefl off- street leased parking
snAren" shall mean those off -situ parking spaces
which are either in excess of those parking
required fnr the 7eesor or which are unused by the
lessor, comnarinq lessor's ocniinancy to lessor's
total. leasable space.
Section 4. Tf At'ry :section, clause, sentence or phza.me of
i:his 11rdinancr, is held to he invalid or unconstitutional by any
court of competent iurisdiction, then said holding shall in no
way affrrt the vml Jdlty raf the remaining portions of this
Card i nan( e.
Seecti -q1 F. All Ordinances or parts of Ordinances in
c:onfl irt: herrwith hN, and the same are, hereby repenaled.
Sertion._F. This ordinance shall take effect immediately at
the time of its nAssage .
PARSEE) AND ADOPTED this —th day of , 1991.
APPROVED:
MAYOR _.._
ATTEST:
RRAD AND APPROVED AS Ti-) FORM:
TTTY ATTnRNFY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMIr FLORIDA PROVIDING FOR A MAX ?MUM
ALLOWABLE CAMPAIGN CONTRIBUTION OF S 100.00 TO ANY ONE
C..ANDIDATE BY ANY ONE PERSON AND PROVIDING THAT THIS
CHARTER AMENDMENT BY APPROVED BY BALLOT REFERENDUM AT
THE GENERAL ELECTION ON FEBRUARY 11, 1992.
WHEREAS, Article V, Section 3 A of the Charter of the City
of South Miami, Florida provides:
The City Commission shall provide by ordinance for the
procedures of elections not inconsistent with State
Laws and /or the Metropolitan Dade County home Rule
Amendment and Charter . . . ,,
and
WHEREAS, :hate Law as codified in section 106.08 (1) of the
Florida Statutes currently provides:
No Person, political committee, or committee of
continuous existence shall make contribution to any .
candidate or political committee in thin state, for any
election , in excess of the following amounts: . . .
(r) To.a candidate for countywide office or :o a candidate
in any election conducted on less than a countywide basis,
3 1.000.
and:
WHEREAS, the Mayor and City Commission of the City of South
Miami, Florida wish to reduce the maximum campaign contribution
amount to S 100.00 per candidate in order to reduce total
c:ampaian income, reduring total campaign expenditures and thus
providinu greatr.r opportunity for all citizens to aspire to
public office; and
WHEREAS, the Mayor and City Commission approve this Charter
Amendment, sublent tv voter aoprovni at the February 11, 1992
election.
NOW, THENKFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY GF SOUTH MIAMI, FLORIDA:
' S,�ertian
1.
That
a separate ballot
question in
the
February 11.
1992,
General
Election appear in
substantially
the
fni) nwina form:
SHALL RUASECTTON B "CANDIDATES" OF SECTION 1
"OUALIFTCATIONS" OF ARTICLE V, "ELECTIONS11 OF THE CITY
CHARTER BE AMENDED TO PROVIDE THAT NO PERSON,
COMMITTEE. CORPORATION, OR OTHER - ENTITY SHALL MAKE
CONTRTAUTIONS TO ANY CANDIDATE OR POLITICAL COMMITTEE:
FOR ANY COMMISSION SEAT IN THE CITY OF SOUTH MIAMI,
FLORIDA 1N EXCESS OF t 100.00 PER CANDIDATE?
YES
NO
3�ption 2� That this Charter Amendment shall be effective
only upon a mainrity vote of qualified electors at the General
Election to be held in February 11, 1992.
Sect,gna. That: the City Clerk is hereby directed to
prepare the aforesaid- ballot question in conJunct-ion With the
Dade County Supervisor of Elections In accord with all applicable
State, county and City election lava.
PASSED AND ADOPTED this th day of April, 1991.
APPROVED:
MAYOR
ATTEST:
READ AND APPROVED AS TO FORM:
C ITY A'CTORNFY
t P
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 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:
PROVIDING FOR SEVERABILITY: ORDINANCES IN CONFLICT: AND
AN EFFECTIVE DATE.
WHEREAS, the present City Pension Plan contained in Article
II of Chapter 16 of the Code of Ordinances of the City of South
Miami states "Participation date shall mean October 1 of each
year this plan is in effect including October 1, 1965 ",
and
WHEREAS, the effect of this definition has been to limit
employees 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 definition to
enable employees to enter the Plan at any time.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA:
Section 1. That the definition of "Participation Date" in
Section 16 - 12 of the _ode of Ordinances of the City of South
Miami, Florida be, and hereby is, amended to read as follows:
Parricinar.ion gate shall mean the date upon which an
smolcyee elects to participace in the South Miami
Pension Plan.
necrion 2. -he City Administration be, and hereby is,
authorized to take such steps as are necessary to carry out `he
=fn esaK smendment.
::ect' on Z. if any section, clause, sentence or phrase of
this ordinance is held to be invalid or unconstitutional by any
court of competent surisdic-tion, then said holding shall in no
I f
wav .:effect the validity of the remaining portions of this
Urdinance.
Section 4. All Ordinances or Darts of C-irdinances in
conflict herewith be.. and the same are, hereby repealed.
Section 5. This Ordinance shall take effect immediateiv at
the time of its passage.
PASSED AND ADOPTED this th day of March. 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
;: 1 TY A T TORLdEY
APPROVED:
MAYOR
2
.ate...
City of South Miami
INTER —OFFICE MEMORANDUM
TO: City Clerk DATE: March 13, 1991
FROM' pen on Administrator SUBJECT: -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
SOUTH MIAMI PENSION BOARD MEETING MINUTES
OCTOBER 31, 1990
The meeting was called to order at 4 :08 P.M. by Chairperson
Cathy McCann. Those in attendance were:
i ayor Cathy tdcCann
Charles P. Harty
William Bostick
Mike Matus
John M. Corbliss
Dayton C. Cramer
Absent:
Captain Ledly Moss
Walter Stevens. '
The following was discussed:
Mayor
Citizen_
Public
IN'VESC0
Pinanc e
Pension
Chairperson
Member
rlorks :°:ember
Director
Administrator
Polic e 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 motion which was approved
by ». nanimous vote of those present. 3 -0
- �- x-- x- �•- �• �• �• �-• ��t•• ��•- x•• �- x•• �- �- ��- ��•- �- x-• �• x• �••± �•• �- �• �a� •�•- �•�•x- •�t•�••�- �a�•�•�c -�• x•- �• ��•- �- �- x- �•• �•�- ?FaE•- �•�- �- �•�•�•�•�••�•�•
2) Approval 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
3,1 Eliminate October 1 as Plan Participation date.
Hr. Harty moved that the Board table this item until other
things are considered. Mr: 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
3oard request that an ordinance be placed on the appropriate
agenda to eliminate October 1 as t'te plan participation date.
?r. Eostick seconded. the motion_ which passed by unanimous
vote of those present. 3 -0
�f •�E••x- •�t- �(- �E••x- �- x- �•x-•� x•- x- •3t- •::-- x- ?E- ��F:�• fat•- x- iE�f•• ��x•- iF- x• �• �4• �at•- x-• x- �x-• 3F• 3E�• �E• �f-- x-• ���- �9E- 3��E• �E• �F- M• �if•- ��t• �I!••�t•�E•3E- lFat••k•�•x••�•3F
u
4)` Approval of Wally Wilson's Ir_voice.
Payment of Mr. Wilson's invoice from May 1988 was approved
by the Toard.
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 best method of payment.
6) Discussion of Monthly iITITESCO Report.
Mr. Harty and other Board Members questioned Mr. Matus
of UNESCO the meaning of different sections of the
Monthly Report. Mr. Matus went through the rsport thoroughly
with the Board ?Members answering. any questions.
There being no further business, the meeting adjourned at 5 :15 P.M.
CATHY MCCAIRI
CHAIRPERSON
2
r•
I I
RESOLUTION
A RESOLUTION 6F THE MAYOR AND CITY COMMISSION OF THE
CITY OF S011TH MIAMI. FLORIDA APPROVING AN APPLICATION
FAIR A SPECIAL 1.13); PERMIT FOR AN RATING PLACE IN SR
t SPE CI ALTY RETAIL) DISTRICT PURSUANT Tf; sECTI ON 20 -3.3
( [► i OF THE LAND I )EVELUPMENT CODE OF THE CITY OF SOUTH
MIAMI. FLORTDA BY W. STANLEY DODD, 3k., TURSTEE FOR THE
PREMISES COMMONLY KNOWN AS 5859 S.W. 73 STREET, SOUTH
MIAMI. F'LORTD& 33143 AND LEGhLLY DESCRIBED HEREIN
WHEREAS! Section 20 - 3.4 D of the Land Development Code of
the Cit-v ►,f South Miami provides for eating places in SR
(snecialty retail) districts as a special use; and
WHEREAS? W. Stanley Dodd, Jr.., Trustee has made application
for a SUecldl Use Permit icy the premises commonly known as 5859
., .Iu . 7.1 :it re+i!t: Sont'h Miami, Florida 33143 and legally described
as f o l l aWK :
and
Lot 33 and Lot 34, less the south 10 feet, W. A.
Larkin ►s subdivision, according to the Plat thereof, as
recorded in Plat Rook 3, Page 198 of the Public. Records
of Dade County, Florida;
WHRRFAS; on March 26, 1991. the Planning Board recommended
the special use permit application be approved by a 5 - 0 vote;
and
WHEREAS. it appears to they Mayor artd rommis:jion that the
ar►nlirranr hAS met the requirements of the Special Ilse Permit as
set fnr ►-h in t:he Euresnid Section;
N►:►W, rliEkEFoRE. BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMI SIoN OF THE CITY OF SOUTH MIAMI, FLORIDA:
tie►:rinn 1_ A ".pf:cia1 Use Permit for an eating place by W.
St-arriey Dond, 3r., Trustee, be, and hereby is, approved for the
premises commonly known as °,959 S.W. 73 Jtreet, tinutn Miami,
Florida 13143 and 1 eua1J v described hereiriabnve.
i t
PASSED AND ADOPTED this —th day Of April, 1991.
ATTEST:
READ AND APPRoVFT, AS TO FORM:
.C-.TTY ATTORNFY
APPROVED:
MAYOR '-- '�—'.. - - -•
2
There being no one else present to speak either for or against this
application, Chairman Ligammare called the Public Hearing closed
and Executive Session open.
Staff recommends approval as the request meets Code requirements.
Mr. Ligammare asked if the statement within the application, under
Analysis, which refers to "inside or patio service only" comes from
the LCD. Even though this application is only for inside service,
should it be granted, patio service would be allowable. Ms. Lama
said that both are allowed under the Special Use Conditions and
would meet the Special Use Conditions as they are stated in the
Code.
Mr.Lefley asks if the Board has the right to ask that condition be
placed in the approving resolution? Ms. Lama said that it is part
of the Special Use Conditions already so must be meet in order to
qualify.
Chairman Ligammare called for a Motion to Approve, so moved by Mr.
Parr. Seconded by Mr. Gutierrez.
Vote: Approved: 5 Opposed: 0
PB -91 =005
Applicant: Mayor & City Commissioners
Request: An ordinance: of the City of South Miami, Florida,
amending Chapter 4 of the City's Code of Ordinances
by revising the distance requirements between
restaurants and residences and between restaurants
and restaurants; revising the distance requirements
between bars /lounges and bars /lounges and between
bars /lounges and nightclubs; providing for the
severability of the provisions hereof; repealing all
ordinances inconsistent herewith; and providing an
effective date.
PB -91 -008
Applicant: Mayor and City Commissioners
Request: An ordinance of the City of South Miami, Florida,
Amending subsection ( 5 ) of Section 20 -3.4 ( B ) of the
Land Development Code of the City of South Miami,
Florida by adding a Subsection m to provide for
F0
M=NUZ'ES
Plarzrii.i-%cj Board
Tuesday, March 26, 1991
Commissioners' Chambers
7:30 PM
w '
Call to order and the Pledge of .Allegiance to the Flag of the
United States of America.
B. Roll Call.
-1
Larry Ligammare Sharon Jenkins
Robert Parr Diana Gonzalez
John Lefley
Manuel Gutierrez, Jr.
Paul Eisenhart
Also present are: Sonia Lama, AIA, B & Z Director; Soheila
Goudarzi, Planner and Pat DeLisa, Board Secretary.
C. Approval of the Minutes of March 12, 1991. Mr. Parr moved to
approve with additions and corrections as noted.
Vote: Approved: 5 Opposed: 0
D. Public Hearings.
Applicant: W. Stanley Dodd, Jr. Trustee
Request: Special Use Permit for an Eating Place in the SR
( Specialty Retail) District, as specif ied in Section
20 -3.3 (D) of the Land Development Code.
Legal: Lot 33 and lot 34 less the south 10.00 feet "W. A.
Larkin's Subdivision", according to the plat thereof
as recorded in plat book 3, at page 198, of the
Public Records of Dade County, Florida.
Location: 5859 sw 73rd Street
South Miami, Florida
Mr. John Nichols signed in, representing the applicant and HNK
Investments, Inc., leasee of the building. He stated that this
application is for the purpose of re- opening a restaurant /lounge.
There is no request for additional square footage, outside service,
fast food, walk -up or drive -in facilities, only for interior
renovations. The application meets code requirements for parking
and dimensions which were in effect at the time the building was
originally permitted.
I 1
S TAF F REPORT
March 26, 1991
ri ,=I
Applicant: W. Stanley Dodd, Jr. Trustee/ John R. Nichols
Request: Special Use Permit for an Eating Place in the SR
( Specialty Retail) District, as specified in Section
20 -3.3 (D) of the Land Development Code.
Legal: Lot 33 and lot 34 less the south 10.00 feet "W. A.
Larkin's Subdivision ", according to the plat thereof
as recorded in plat book 3, at page 198, of the
Public Records of Dade County, Florida.
Location: 5859 sw 73rd Street
South Miami, Florida
i'Q
The applicant requesting special use permit for an eating
place (inside or patio service only) in SR (Special
Retail) District.
I' • ylyl�j� � � �
Applicant meets all the special use condisions, Section
20 -3.4.
Staff recommends approval.
�116zo
MEMORANDUM
DATE March 5, 1991
TO Neil Carver, Vice -Mavor
FROM Martin David Berg, City Attorney
RE Construction of Land Develo_ment Code re: Bella Luna
Restaurant
You recently inquired regarding the applicability of Land
Development Code ( "LDC ") section 20 -4.8 B to the Building
Department requirement the Restaurant must comply with special
use requirements in the Code.
Specifically, you asked if this section allowed (for structures
of nonconforming dimensions) "any use permitted in the district
in which it is located . . . ."; and if restaurants are
permitted in that district; why did the restaurant have to comply
with special use provisions? Further, would not a Court order
the Citv to allow the restaurant without it so complying?
Section 20 -1.10 of the LDC says: "The requirements of this Code
are cumulative and all requirements of this Code shall be
complied with prior to the issuance of a development order."
Section 20 -3.3 C of the LDC sets forth the two types of uses: in
subsection (1) uses permitted by right and in subsection (2)
special uses.
Section 20 -1.6 of the LDC says: "Where a conflict exists between
anv requirement in this Code and any . . . requirement elsewhere
in this Code, the more restrictive . . . requirement shall
prevail."
One cannot predict what a Court might rule, but I would use the
aforesaid sections in arguing the Restaurant would have to
comply with special use.
Incidentally, in this case, the only present requirement of the
special use (LDC section 20- 3.4(B)(4)is that the restaurant is
not "walk -up, drive -in or fast food ", which I do not believe is
the tvpe of restaurant sought.
Enclosures
cc: Mavor
Commissioners
(7) Any business which holds an occupational license,
obtained in compliance -with this Code and all other
.;,applicable-- City;: regulations, shall be deemed a
permitted nonconforming use and shall be allowed to
,71. operate• .at the license fee . in effect immediately
,..prior.. to., the effective
,.
date of this Code and said
.fee,tas.may be amended.
(B)• Nonconforming Dimensions..
(1) A structure which was erected in conformance with
the applicable dimensional requirements in effect
at -the time. of- erection but which at a subsequent
date . fails...to , conform to applicable dimensional
L requirements due to a change in the zoning map, in
the dimensional- requirements table or in the text
of this Code, ue to be used f use
erm't district in which it is 1.9ca ts ,
i7! • y - „ ; subject. to the. requirements of this section.
••Gi.l
(C)
(2), The. following: requirements shall apply to such
structures:
(a) Use of such structures shall be consistent with
parking standards applicable on the first date
of. -such use; and
(b) In the event of any remodeling or rebuilding,
the remodeling or rebuilding shall not increase
the . extent of nonconformity with any
dimensional requirement.
Existence of..Nonconforming Use
(1) The Director - of. Building and Zoning shall make an
initial.., determination of • • the existence' of a
nonconforming, use,• based upon investigations and
affidavits he,determines to be necessary.
(2).. Where. there is uncertainty in determining the
existence,of a•.nonconforming use, such uncertainty
as to the existence of a nonconforming use shall be
a question of fact-to be-considered by the Planning
Board,: after.public notice and hearing in accordance
with this Code and Board rules.
LAND DEVELOPMENT CODE
135
CITY OF SOUTH MIAMI
s r
20 -1.10 Ct7MVLATIYE REgiT=REMENTS
The requirements of this
requirements of this Code shi
issuance of a development
development order or permit
from compliance with all
regulations.
Code are cumulative and all
L11 be complied with prior to the
order. The issuance of a
does not exclude any applicant
other applicable codes and
20- 1 . 11 71C8'1j'1jCCT=vE DATE
This Code shall be in full .force and effect from and after its
passage, the effective date being October 26, 1989.
r-
`%W LAND DEVELOPMENT CODE' CITY OF SOUTH MIAMI
20 -3.3 :•USE 'SC0DULE '
(A) Type of: permitted, Uses.
(1) Uses-permitted by right or as a special use in each
district `shall -be determined from the Permitted Use
Schedule in Section 20- 3.3(E).
(2) ' � All uses `shall' •comply with:
(a) • anyspecific special use conditions referenced
and set forth in Section 20 -3.4;
(b) all off- street parking requirements referenced
,anVestablished in Section 20 -4.4; and
(c) ' • "all other: a lidable requirements quirements of this Code.
(B) Established Nonconforming Uses
Uses which were established prior to the adoption of this
Code or its predecessors, but which are now inconsistent
with the requirements of this Code shall be permitted if
�-"
-such uses meet the requirements of this Code for a valid
nonconforming use.
(C) Permitted Use Schedule
--Ap- (1) Uses identified in a particular district column with
a "P" are "permitted by right" and may be allowed
in such district, subject to all cther applicable
requirements of this code.
---i ( 2) Uses identified in a particular district column with
an "S" are "special uses" and may be permitted in
such district with such conditions as referenced in
the "Conditions" column (second from right on the
Schedule) and defined in Section 20 -3.4, subject to
all other applicable requirements of this Code.
,I,
LAND DEVELOPMENT -CODE,.'- `11- CITY OF SOUTH MIAMI
(3) off- street parking requirements for each permitted
or suecial use are referenced _n the "Parkina"
column (far right on the Schedule).and are further
defined in Section 20- 4.4(B).
Revised august 21, 1990
3 8
i
PURPOSE i '•• Y
(C) Amendments
This Code maybe •amended' from time to time in accordance
Y�x,-•- -.,with'•the'•provisions of 'this Code as required or allowed
by subsequent` - legislative enactments.
20 -1.5 JURISDICTION
The provisions of this Code shall apply, to all the territory
encompassed in the jurisdictional area of the City of South
Miami where authority may be exercised pursuant to Florida
r
Statutes,'Sectibn''163.3171'*
:��
20` -1. 8 '�- CONFL =CTINQt ~PROVISIONS
7.
nil j , .r ;... .. �•
Where a conflict exists between any limitation or requirement
in this Code and any applicable limitation or requirement
elsewhere in this Code, the more restrictive limitation or
requirement shall prevail.
20-3.-.7 COMPLIANCE '
(A) Jurisdiction
No building, premises or structure shall be constructed,
erected, modified, altered, converted, occupied, placed,
maintained or moved, and no land rise shall be commenced,
maintained or modified except in compliance with the
provisions and procedures as set forth herein.
,(B) Movement; or.:Placementiof Structures
(1) No structure shall be moved to or placed upon any
premises until a permit for such removal or
placement is obtained..:.: • • .: ••• •
(2) . When moved. . from ' •one lot to another, structures shall
conform..to:all.applicable district provisions.
LAND:DEVELOPHENT CODE CITY OF SOUTH MIAMI
(c)' No parking spaces shall'be'located between the front or side of the
principal structure and any street right -of -way line.
.(d)Y All ambulances and other eguipment'shall be stored in a completely
enclosed structure when not in actual use.
;; (;e) ;:.Principal 'structures, sha.11lave a minimum setback of at least forty
aael •_ "...(40) . feet,.from,. any ,side property ` line.
(4•).,.EATING PLACE, '
—� (a) All such establishments shall' 'pi'ovide only inside or patio service.
• z , .No. services:.. of -a .,walk- up.,.. drive -in or fast food nature shall be
`� permitted in NR 'or ' SR' Districts .
(b), Services of a, .,.walk -up,, . drive -in or fast food nature shall be
»- permitted as`a' Special' Use "only in the GR and I Districts upon
meeting the following conditions:
i..The..'.'City.'•Commission shall review all site plans and
specifications with regard to traffic circulation,
�,o7z ti; .landscaping, .lot size and access. ^
ii. No ingress and egress'-shall be permitted along streets and
rights -of -way bordering-residential zoning districts.
iii. Such .eating ,'places which provide walk -up, drive -in or fast
food facilities shall be spaced 'a minimum of three hundred
(300) feet from any eating place.
iv. The City Commission shall review and recommend approval,
disapproval or modification on all site plans snd
specifications.
Revised August 21, '19904' '
(5) GASOLINE.SERVICE STATION .
(a) The design of all such' establishments shall be compatible with the
overall environmental and architectural design goals of the City.
(b) All merchandise shall be stored and displayed within the principal
structure, except tires, _accessories and lubrication items which
may be maintained in movable or enclosable cabinets.
(c). No used auto parts.or junked or wrecked vehicles shall be located
outside. the. principal structure except within enclosed storage
areas.
LAND DEVELOPMENT CODE CITY OF SOUTH MIAMI
PROPERTY
Oft=; W. STANLEY DODD JR., TRUSTEE
'ROPERTX: Lots 17, 33 & 34, W.A. LARKIN
SUBDIVISION, Plat Book 3, Page
198, Public Records of Dade County,
Florida.
LAMAREA:_ ...... ... . ............. 31,125 s.f.
Lot 17 - (Retail) - 10,875 s.f. (35t)
Lots 33/34 - (Restaurant) - 20,250 s.f. (65 %)
GROSS
BUILDING AREA: ...................... .10,049 S.f.
Lot 17 (Four Retail Tenants) 3,449 s.f. (34 %)
Lots 33/34 (Restaurant Tenant) 6,600 s.f. (66 %)
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•Q� U6. Scale•1M=
Date. Z..ZA -!N. .
Drn%' .Chk.....
C1�OG MUTU A�AMI ^* PLANNING 50aRD I iiearina NOPL
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Date. Z..ZA -!N. .
Drn%' .Chk.....
C1�OG MUTU A�AMI ^* PLANNING 50aRD I iiearina NOPL
City of South Miami
6130 Sunset Drive. South Miami. Florida 33143
S TAF F REPORT
March 26, 1991
PB -91 -007
Applicant: W. Stanley Dodd, Jr. Trustee/ John R. Nichols
Request: Special Use Permit for an Eating Place in the GR
(General Retail) District, as specified in Section
20 -3.3 (D) of the Land Development Code.
Legal: Lot 33 and lot 34 less the south 10.00 feet "W. A.
Larkin's Subdivision ", according to the plat thereof
as recorded in plat book 3, at page 198, of the
Public Records of Dade County, Florida.
Location: 5859 sw 73rd Street
South Miami, Florida
+,
5
The applicant requesting special use permit for an eating
place (inside or patio service only) in GR (General
Retail) District.
Applicant meets all the special use condisions, Section
20 -3.4.
Staff recommends approval.
�/ I
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI. FLORIDA AUTHORIZING FLAGLER
FEDERAL SAVINGS AND LOAN ASSOCIATION TO FILE A
COMPREHENSIVE PLAN AMENDMENT IN CONJUNCTION WITH =TS
AMENDMENT TO THE DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDER FOR THE BAKERY CENTRE.
WHEREAS.. Flagier Federal Savings and Loan Association. the
owner of the orooertv cmmmonly known as the Bakery Ventre. has
requested the City of South Miami to permit it to file a
Comprehensive Plan Amendment in conjunction with its requested
amendment to the DRI Development Order for the Bakery Centre
aroiect• and
WHEREAS, the City's Ordinances limit the time period in
which. Comprehensive - Plan -Amendments-.- -may. be. permitted; and
WHEREAS, under:Section --.IS3'-3187_ (11 ( b) , Florida . Statutes.,..
Comprehensive Plan Amendments relatinc to amendments to an
existing DRI Development Order may be adopted without regard to-
statutory or local Ordinance limits on the frequency of
N. consideration of amendments to the local Comprehensive P?an; and
WHEREAS. this interpretation has been confirmed by the
Florida Department- :ot Community Affairs by letter:-dated Februarv-
ia,:" 149i. a coov of which is attached.
NOW.. THEREFORE. BE IT RESOLVED BY THE MAYOR AND THE CITY
:011MISSI;JN OF THE 171Y OF SOUTH MIAMI. FLORIDA
:3ection 1 1har Fiagier Federal Savings and Loan
Association may Life a Comprehensive Plan Amendment for the
�akery Ienrre without recrard to statutory or local =:mils on the
rre,?uenc-k: of �:onsideration Iii amendments to the local
,7nmnrehensive olan in con -iurction with its proposed amendment to
the zxistinq DRI Development ,:ircer .or the 12entre oroiect.
PASSED AND ADOPTED this th day or April. 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
-
APPROVED:
MAYOR
f
P,ESOLUTION I:0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAIII, FLORIDA, DESIGNATING APRIL 13TH TEROL'GH
APRIL 19TH, 1991, AS "CLEAN -UP, PAINT -UP, FIX -UP WEEY." III
THE CITY OF SOUTH MIAMI, FLORIDA.
WHEREAS, the citizens of the City of South Miami, "the City
of Pleasant Living ", take great pride in the cleanliness of their
yards and streets.
WHEREAS, the month of April has been designated "Keep Dade
Beautiful month" and will see the largest clean -up ever attempted
by the citizens of Dade County; and
V'HF.REAS, the Mayor and City Commission wish to encourage
participation by the City's residents in the pick up of litter
and special trash collection to be provided.
NOLI, THEREFORE, BE IT RESOLVED EY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
.Section 1. That April 13th through April 19th, 1991, be
and hereby is designated "Clean -Up, Paint -Up, Fix -Up Week" in
the City of South Miami.
Section 2. That the City will assist with extra trash and
tree trimming removal services and that all residents and
property owners are encouraged to take advantage of this
opportunity to beautify and enhance their properties.
PASSED AND ADOPTED this day of April, 1991.
APPROVED:
ATTEST:
Mayor
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
0
RESOLUTION NO.
t. RESOLUTION OF THE NAYCR AND CITY CON11ISSIOt: OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPR.OVINC 17ES:SRACR LOCATIONS 1, ITHI17
THE CITY OF SOUTH MIAMI PROPOSED EY THE NIAINI 1!Er.ALD
PUBLISHINC COMPANY.
4;1!EREAS, by Ordinance No. 1d"-90 -1451, adopted August .11,
199C, specific requirements for the placement, installation and
maintenance of newsracks in the City of South Miar.i were enacted;
and
WHEREAS, pursuant to that Ordinance, the 14iami Herald
Publishing Company has submitted fourteen (14) proposed locations
attached hereto as Exhibit "A "; and
WHEREAS, the City Manager has approved the locations as
having met the requirements of the aforesaid ordinance; and
WHEREAS, the Ordinance further requires the approval of the
City Commission.
NOUT, THEREFORE, BE IT RESOLVED EY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That the proposed newsrack locations set forth
in the attached Schedule "A" submitted by the Miami Herald
Publishing Company be, and the same hereby, is approved.
PASSED AND ADOPTED this day o: , 1991.
APPROVED:
ATTEST:
MAYOR
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
AdM0►
City of South Miami
INTER — OFFICE MEMORANDUM
TO: William Hampton DATE: March 22, 1991
City Manager
FROM: Sonia Lama susJFCT: Miami Herald
B.& Z Direct Newsracks
The Miami Herald has requested approval for newsracks
in the following locations:
* 1.
Plaza Bldg
7000
SW 62 Ave
* 2.
Allen Drugs
5700
Bird Rd
* 3.
Bakery Center
7150
Red Road
* 4.
First National Bank
5750
Sunset Dr
* 5.
Goody's Bakery
7220
Red Road
6.
JJ's American Diner
5800
Sunset
7.
Lee's Pharmacy
5894
Sunset
8.
McDonalds
6200
S. Dixie
9.
SMH
7400
SW 62 Ave
10.
Barnett Bank
6262
Sunset
11.
Deli Lane Cafe
7230
SW 59 Ave
12.
Amoco
6350
S. Dixie
13.
Eckerd's
5894
Sunset
14.
Metro Rail
5900
Sunset
* Have been installed
EXHIBIT A
RESOLUTIO17 110.
A RESOLUTION OF THE 1`AYOR AND CITY C0"kINISSI011 OF THE CITY
OF SOUTH M AYI, FLORIDA, APPOINTING AVA SIPPIN AS A
MENBER OF THE CITY OF SOUTH MIAMI CAPITAL IMPROVEMENT
BOARD TO SERVE IN SUCH CAPACITY UNTIL '1ARCK 17 19937 OR
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
I- IHEREAS, the mayor and City Cor; mission heretofore adopted
Ordinance No. 11 -82 -1134 creating a Capital. Improvement Board for
the City of South imiami; and
WHEREAS, there is currently a vacancy on that Board.
NOW, THEREFORE, BE IT RESOLVED BY THE ;MAYOR AND CITY
C0MMISSION OF THE CITY OF SOUTII MIAMI, FLORIDA:
Section 1. That Ana Sippin be and hereby is appointed as
a member of the City of South Miami Capital Improvement Board to
serve in such capacity until march 1, 1993, or until a successor
is duly qualified and appointed.
PASSED AND ADOPTED this day of , April, 1991.
ATTEST:
City Clerk
READ AND APPROVED AS TO FOR1':
City Attorney
APPROVED:
Mayor
RESOLUTIOIT VO.
A. RESOLUTION OF THE 1!AYOR AND CITY COMMISSION OF THE CITY
OF SOU717 VIAMI, FLORIDA, APPOII'TING LILLIAN VALDESPIYO AS
A MEMBER OF THE CITY OF SOUTH EIAMI CAPITAL IMPROVEMENT
EOARP TO SERVE It' SUCH CAPACITY UI'TIL MARCH 1, 1993, OP
UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
WHEREAS, the Mayor and City Commission heretofore adopted
Ordinance No. 11 -82 -1134 creating a Capital Improvement Board for
the City of South Miami; and
WMEREAS, there is currently a vacancy on that Doard.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
C01-111ISSION OF TEE CITY OF SOUT11 MIAMI, FLORIDA:
Section 1. That Lillian Valdespino be and hereby is
appointed as a member of the City of South Miami Capital
Improvement Board to serve in such capacity until March 1, 1993,
or until a successor is duly qualified and appointed.
PASSED AND ADOPTED this day of , April, 1991.
ATTEST:
City Clerk
READ AI:D APPROVED AS TO FOEM:
City Attorney
IL
APPROVED:
1.layor
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA?
AMENDING fw)ER SF.CTTON 70-4.4 (I ) r)F THE 1,ANri
r,FVELOPMRNT V tT)E OF THE CTTY OF SMUTH MIAMI, FLORIDA TO
PROVIDE FOR INTERIM PARKING ARRANGEHFNTS; PR►)VTDINC.
FOR REVRRABILITY; OR51NANCES IN CONFf ICT; AND AN
EFFECTT VE DATE.
WHEREAS.. the City of South Miami, Florida hies heretofore
enarter1 a Land t ►evmlopment Code, which in Section 20 -4.4 (I) (11
provider "No parking fees, charges or other remuneration shall be
charged for the use of any or all off- street parking spaces as
may bp rmnnired by this Mode "; and
WHEREAS, in fact there exists Available, unL16ed off - street
narking which can he based on a month to month hasi:%, but which
under the existina Code crnnot- be:= leased to provide for, temporary-.
parking whil.e.A. given parcel of-- land within the City of South.
Miami is under construction, either initial or exoanr� ion; and
WHF.RRAS. the Mayor and City Commission therefore wish to
Amend t-hp Land Davelonment: Corle to providr. for interim parking
nrrannement-; nprin a 11mit:ed basis;
Nnw, THEREFORE! BE IT ORDAINED BY THE MAYOR AND THE CITY
OOMMTSSION i *- THP: CITY OF SOUTH MIAMI, FLORIDA-
°pct:ion_3, Apction 20 -4.4 (I1 of the Land Develonment Code
be.. and the same is, hereby amended to read as follows:
T. Parkinri Fers Prohibited Generally; Exceptions
(dl No r.,ar.kinn fP► >s, harries or other remuneration shall be
r-harner3 for the use of any or all off - street parking
snare ,3t. may he required by this (ode,. extent as
nrovlded in niibuaragrani► (3) below.
(2) Nothintl hernia mhatll be construed to affect any narking
roes. charnN, or other rr.munerat� inn for ntjbl iCly -owned
park i nn :.nz►(•es or for off-street _parking s_par_pn not
recl►lirril by this Code. +
(1) The t•ity Or.)mmission may wAive the prohibition contained
in SlJbDar.Anranh (1) above under such terms and
conditions as it may pst4blish, following public
hearinc,, when it determines; that t:hr iolluwing criteria
arr met:
(a) The sole i,ur. poi f ,? r,f he nark i na f. Ne, charge oz
other r.•mur, prat kart 1 for the use of exc-ess and /or
►tritisPCd off- srr.eet leasers spaces to serve the
iP 3SeP's of f-;strPc!t- yark i nq neetis for property
within the City of South Miami Which is undergoing
construction or reconstruction.
(b) The time nerriod for such waiver shall not exneed
one year unless the City i�ommission shall. grant a
further waiver under the provisions of this
naratiranh for good cause shown.
fc) They waiver will not result in a violation of the
off.- street parking requirements estahlished by
Article IV of the Land Development Code.
(d) For purposes of this subsection, the phrase
"exc:ess and /or unused off-street leased parking
A nAven" shall mean those off -site parking spaces
which are either in excess of those parking
required for the 1pesor or which are unused by the
lessor, comparing lessor's occupancy to lassor's
total. leasable spncC.
Sert-ion,4. Tf ATev :section, r..lauSe, sentence of Phrase of
this 1rdinance is held to he invalid or unconstitutional by any
court of cnmoet:ent iurisdiction, then said holding shall in no
way affect the vnl idity of they remaining portions of this
Cird i name.
Section 5. All ordinances or parts of Ordinances in
c:onf l i rt: herrwi th he, Anti the same are, hereby repealed.
Section -_F. This Ordinance shall take effect immediately at
the t: i me of its nAssage .
PARSEE) AND ADOPTED this —th day of — , 1931.
APPROVED:
MAYOR
ATTEST:
RR; fD AND APPROVED AS TO FORM:
CITY A —Ti ORNFY
ORDINANCE NO.
AN uRbrNANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA PROVIDING FOR A MAXIMUM
ALLOWABLE CAMPAIGN CONTRIBUTION OF S 100.00 TO ANY ONE
CANDIDATE BY ANY ONE PERSON , AND "= PROV'I'DI'NC_. THAT"THI,S;
CHARTER--AMENDMENT BY� APPROVED BY--BALLOT—REFERENDUM--XT
THEERAL- RLECTION ON FEBRUARYI'I 7:9'9`2
WHEREAS, Article v, Section 3 A of the Charter of the City
of South Miami, Florida provides:
The Citv Commission shall provide by ordinance for the
procedures of elections not inconsistent with State
Laws and /or the Metropolitan Dade County Home Rule
Amendment and Charter . .,
and.
WHEREAS, State Law as codified in section 106.08 (1) of the
Florida Statutes currently provides:
No -parson, political committee, or committee of
continuous existence shall make contribution to any
candidate or political committee in this state, for any
election , in excess of the following amounts: . . .
fa To.a candidate for countywide office or :o a candidate
In rn election conducted on less than a countywide basis,
and:
WHEREAS, the Mayor and City Commission of the Citv of South
Miami, Florida wish to reduce the maximum campaign contribution
amount to s 100.00 per candidate in order to reduce total
rampaian income, reciuring total campaign expenditures and thus
providinv greater opport-unity for all citizens to aapize to
public office; and
WHEREAS, the Mavnr and 0.Jtv�mmission - ^- approye-- .;this Charter
Ametzcim Jr t; si�birr -t t��� ot`er___,anproval at the--February 11, 1992
election.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 7 , That a,separ&te- 'ballot question i
February 12. 1992, .Genera ;l - --- Election appear___in_-substan` _ lly the
fnt'ir1winct form:
SHALL SUBSECTION B "CANDIDATF.g" OF-, SECTION 1
f'CUALIFTCATIONS" OF ARTLCLE" V, "ELECTIONS" OF,, THE CITY
CHARTER BE AM�[1ED� TO PROVIDE THAT NO PERSON,
COMMITTEE.. CORPORATION, OR OTHER ENTITY SHALL MAKE
CONTRTAt TI.ON'S TO ANY CANDIDATE OR POLE CAL COMMITTEE:
POP —ANY COMMISSION SEAT IN THE CJT- �OF SOUTH MIAMI,
FLORIDA 1N EXCESS OF 3 100.0.0_PER'CANDIDATE?
YES
Nn �-
3�ptionThat this Charter Amendment shall be effective
only upon a mainrity vote of qua `Pied electors at the General
Election to be held in February 11, 1992.
.Sect I •Qn 3. That: the Cft�v Clerk is hereby directed to
prepare the aforesaid ballot question in conJunct-ion With the
Dade Countv Supervisor. of Elections.ln \accord with all applicable
State. County and City election laws. � �
t �
PASSED AND ADOPTED this th day of April, 1991.
APPROVED:
MkYOR
ATTEST:
C' T TY CLERK - -•- -.. _. ._ � - -- _.. -.
READ AND APPROVED AS TO FORM:
CITY ATTORNRY
2
ORDINANCE NO.
„ I. A
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI PROVIDING FOR A FRANCHISE AND
GRANTING PERMISSION AND AUTHORIZING SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC
STREETS OF THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE
PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND
OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT
THEREON ANb THEREUNDER; PROVIDING FOR A TERM OF FIFTEEN
(15) YEARS; PROVIDING FOR A FEE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; RNL
PROVIDINC AN EFFECTIVE DATE.
WHEREAS, the Southern Hell Telephone and Telegraph Compan;-
7
(hereinafter called "Company ") desires to renew Its'franchlae
vith the City of South Miami (hereinafter called "Ci4") for USL
of public streetx in the transaction of its business; and
WHEREAS, the City Administration recommends /`the permiss'_o►i
being ranted y /
q pursuant to the authority of Section 362.01 Florida
Statute$;
Now, THEREFORE, BE IT ORDAINED BY THE MAYOR; AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Lection 1. That the Company,
exclusive permission for use of CI
is hereby granted non-
rights -of -way upon the
following terms and conditions. /
Section 2. The Company, its successors and assigns, Ls
hereby granted permission to cons t �u ct, maintain and operate
lines of telephone and telegr /a h equipment, including the
necessary f du / electrical i*
y p es, conduits, cab�es, elec Flea conductors any
fiber optics and digital tec � logy fixtures upon, along, una:r
and over the public roads, stre etrs, highways, and right of wa;, of
the City of South Miami, Flr/ ride, as its business may -rorr.
to time require, provided � /hat all poles shall be Neat and
symmetrical, and provided t hat no utility work, described above
or otherwise allowed, shall be installed, located or relocated
without a written permit issued by the City.
Section S. The work allowed under this franchise shall ;,,
done subject to the supervision of the City, and the Company
shall replace or properly relay and repair any sidewalk or stru t
/C?
150, landscaping, or other improvement that may be displace_ iy
reason of such work, and upon failure of the company so i•c .3,
after twenty (20) days notice in writing given by }rs ;,y
Manager to the Company, the City may repair anything that
have been disturbed by the Company, and collect the ca�
incurred from the Company. Any failure of the Company to a,*
by this provision or any other provision of this Franchise
_y
result in the City causing this Franchise Agreement to be *;.;1;,
and void.
(?...4_ In consideration of the rights and privil,et .,:..s
herein granted, the Company shall pay to the City nnually a tI-
equal to one percent (lt) of the rocs
g receipts O'f the Company or.
recurring local service revenues for services provided within
corporate limits of the City by the company, provided that th- a
shall be credited against such sum the mount of all tax ;._
licenses;'fees and other im ositio 7
p ns (ex apt ad valorem ta:;es
and amounts for assessments for spe iail benefits, such 43
sidewalks, street pavings and 7imilar improvements and
Occupational license taxes) levied o imposed by the City
the Company and paid during the pr ceding fiscal year as deft:
herein.
Payment shall be made to the Cite for each of the years that tt,
Ordinance in in effect and sh /11 be based on the receipts 'of t:.:
Company of the fiscal year. For the purposes of this paywec -_'
such fiscal year shall end an December 31st. The annual payme::
shall be made to the City in four (4) installments. The iirb
second and third inst llments of the annual payment =hali.
based upon such gross eeelpts for the first, second and thir:=
quarters, respective) of the fiscal year and shall, be made on ur
before three (3) mo hs following the end of these periods.
fourth installmen of the annual, payment shall be made -in
before three (3) months following the end of such fiscal ytaz'
shall. be based upon such gross receipts for the fiscal _ve3z
shall be adiusted to reflect payment of the first throe
2
installments. However, the first annual payment shall be m�._., in
one lump payment on or before three (3) months subsequent ne
passage of this Ordinance (if accepted by the Company) and --:all
be based upon revenues for the fiscal year ending Decombf:• 31,
1969 and shall be for the permission year April 21, 1939 tk
April 20, 1990,
Section 5, If the City wishes to verify the payme to
the City under this Ordinance, the Company shall permit the City
or a designated representative of the City, upon x ason -cle
advance written notice, to review the Company's illlnT and
payment records, upon which the payments were b%a / &d, d,��ring
normal business hours at the location of the Com7ecords by where _:ch
records are maintained. However, no Company m�.� he
duplicated or taken from the Company's premix s, and the city
shall maintain the confidentiality of the info mation disc- ^aed
in these records and use the information solel for the pure .yes
of verifying payments by the Company, except as may be pro,-,iad
by the Federal and State public records law. /
ctipp 6., The Company shall
ndeavor tc
In�:�'tl
underground extensions of telephone distx
ution lines
that
.he
Company has determined are necessary or desireable
in
,isv
subdivisions where all other utilities will
also be
insta
:ed
underground; provided, however, that uch
installation
shat;
oe
undertaken when practical and in nccar ance
with and subiec
*.
�o
the requirements of the applicable at, ues
and the Flo%Ida ou:_,,c
Service Commission Rules and Regulations.
Section 7. The Company sha 1 indemnify the City agal' -. ,
and assume all liabilities for d� Images which may *rise :,r ac:.:::e
to the City for an iniury to pers ns or property from th,e
of any work herein authorized, or the neglect of the Comiar. :.r
any of its employees to comply ith any ordinance ragulating ;he
I
use of the streets of the City, and the acceptance by the Com,.cny
of this ordinance shall be an a reement by it to pay to :1:e
any sum of money for which the City may become liable z.- ':y i
3
mason of such iniury.
Section 8. Nothing in this Ordinance shall be construe. as
a suzrender by the City of its right or pover to pass Otdina.ce3
regulating the use of its streets, rights -of -way or g.;a;o:ing
similar agreements.
Section 9. This Ordinance shall take effect immediatel' at
the time of its passage.
9ectiQn 10. The Company shall file with the City t' -.s
acceptance of this Ordinance within sixty (60) days from tide _xte
of its final passage; otherwise, this Ordinance shall tiierei. on
become null and void.
gection__11. The permission granted by this idiranaa, af
accepted by the company, shall be in force and effect for a _'-.1m
of fifteen (15) years from and after April 21, 1989/
.S..eGtion 12. If any section, clause, sentence, or phrase of
this Ordinance 1s hold to be invalid or unconstitutional by.sny
court of competent jurisdiction, that said h d�idinq shall Ii: no
way affect the validity of the remainin / portions of stis
Ordinance.
s, egtion 13. All Ordinances or parts of Ordinance_ in
conflict herewith be and the same are here'!by repealed.
PASSED AND ADOPTED this _ th day of
APPROVED;
MAYOR I
ATTEST!
CITY CLERK
HEAD AND APPROVED AS TO FORM:
CITY ATTORNEY
a
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