04-16-91OFFICIAL AGENDA '
�ITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING �U Next Resolution:
Next Ordinance:
7:30 P.M. Next Commission Meeting: 5 -7-91
April 16, 1991
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations:
Items for Comission Consideration
1. City Manager's Report
2. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING: II// f)-Z
3. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, 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 providing an effective date.
(Mayor and Comm. Cooper) 4/5
4. / An Ordinance of the Mayor and City Commission of the City of
l/ South Miami, Florida, providing for a maximum allowable campaign
contribution of $+&&-. -&0 to any one candidate by any one person;
providing for severability; ordinances in conflict; and an
effective date. (Comm. Launcelott 3/5
4r -A
5. 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
to provide for retail sale of snack foods, soft drinks, candies,
\ ,r gum, cigarettes, and related items, but not alcoholic beverages,
. ,, r........ �v asol i ne service stations; providing
c for severability; providing for ordinances in conflict; and an
effective date. (Comm. Cooper) 4/5
6. An Ordinance of the City f South Miami Flori dam ndf)9-7 I4 Y e
j�Chapter 4 of the City Code of Ordinances by revising the distance
� requirements between restaurants and residences and between
restaurants and restaurants; revising the distances between bars/
lounges and bars /lounges and between bars /lounges and nightclubs;
Gproviding for severability of the provisions hereof; repealing all
ordinances or parts or ordinances inconsistent herewith and providing
an effective date. (Comm. Co per) 4/5
7. An Ordinance of the City of South Miami, Florida, amending
Section 20 -3.3 C (5) of the Land Development Code of the City of
South Miami, Florida, by providing for new or unlisted uses of a
similar nature to be added to the permitted use schedule by the
O City Commission upon the recommendation of the Director of
Building and Zoning and Community Development; providing for
severability; ordinances in conflict; and an effective date.
(Mayor Mc Cann) 3/5
RESOLUTIONS FOR•PUBLIC HEARING:
NONE
t^
OFFICIAL AGENDA
April 16, 1991
Page 2 of 3
RESOLUTIONS: 16Q,
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, proclaiming Saturday, April 27th, 1991,
� as Arbor Day in the City of South Miami, Florida.
.
2qor) � 0 3/5
-��
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the Tropical Flowering Tree
Society to design and plant tropical flowering trees in
bean Willis Park.
(Ma or) 3/5
10. A Resolution of the Mayor and City i- e -n-4 -« ��ty of
South Miami, Florida, procl g Saturday, April 27th, 1991,
as National Youth Serv' ay in the City of South Miami.
/-9//(
il. Resolution of the Mayor and City Commission of the City of
outh Miami, Florida, calling for the Congress of the United
a States to'amend the Fair Labor Standards Act to permit public
v employers and certified bargaining agents to waive Section 200,
207 and 211 of the Fair Labor Standards Act by collective
bargaining agreement. Corm ooper) 3/5
12. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the purchase of Ammunition
l or the Police Department for a total Price not to,:exceed
$3,653.75 and providing for disbursement from account under
1910 -5210.
4 Adv i tration) 3/5
/13
13. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, appointing Larry Ligammare to the Planning
�- V Board.
�M11 r)n1/ 3/5
14. A Resolution of the Mayor and City Commission 7of t e City of
South Miami, Florida, appointing Elsie Thorner to the Planning
Board. Ma 4p/ r) 3/5
15. A Resolution of the City of South Miami, Florida, authorizing
\fthe City Manager to enter into an Agreement with Coral Gables/
t�� South Miami Khoury League for the contruction of a storage
rJ building at the City's South Miami Field.
Agreement Attached. (Admini tration) 4/5
1 ! j
16. A solution of the City of South Miami, Florida, authorizing
.t e City Manager to enter into an agreement with Coral Gables/
outh Miami Khoury League, to replace the roof of a Recreation
v Building at the City's South Miami Field.
Agreement Attached. (Ad 'n' t ation) 4/5
17. A Resolution of the Mayor and City Commission of the City of
outh Miami, Florida, to purchase turf equipment for the Recreation
Department from Lewis Equipment, Co., Inc. at a total cost of
$4,500 from Government Bid No. 90 -47, to be paid from Account No.
2000 -6430 entitled; Recreation: Equipment- Operating.
(A m ist ti ) 4/5
18. Resolution of the Mayor and City Commission of the City of
South Miami, Florida, to purchase a tractor for the Recreation
Department from Ford New Holland, at a total cost of $8,066 from
State of Florida Bid #765 = 900 -90 -1, to be paid from Account No.
1710 -4670 entitled: Public Works Maintenance and Repair - Grounds/
Structure.
(Administration) 4/5
OFFICIAL AGENDA
April 16, 1991
Page 3 of 3
nRnTNANCES - FIRST READINGS•
NONE
REMARKS:
1. Linda Werner, At Ease, 5844 Sunset Drive, to address the
City Commission regarding fines received for alarms that
were determined, by the City, to be "false"
M
Signs Inc, letter dated A
the decision of the ERP
Copy of letter attac 1.
r
p'f" 9, 1991 in reference to
n the Harlee Center Sign.
Your are hereby advised that if any person desires to appeal any
decision with respect to any matter considered at this meeting or
hearing, such person will need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
7:30 P.M.
April 16, 1991
A. Invocation
B. Pledge of Allegiance
C. Presentations:
Items for Comission
1. City Manager's
2. City Attorney's
Next Resolution:
Next Ordinance:
Next Commission Meeting: 5-7-91
to the Flag of the United States of America
Consideration
Report
Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
3.
qtvjuow� f)-Z11q7
An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, 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 providing an effective date.
(Mayor and Comm. C oper) 4/5
4. jAn Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, providing for a maximum allowable campaign
contribution of to any one candidate by any one person;
providing for severability; ordinances in conflict; and an
effective date. (Comm. Launcelott 3/5
J- gr -� Y6
5. 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
to provide for retail sale of snack foods, soft drinks, candies,
Jr gum, cigarettes, and related.items, but not alcoholic beverages,
gasoline service stations; providing
for severability; providing for ordinances in conflict; and an
effective date. (Comm. Cooper) 4/5
���a f -14(
6. An Ordinance of the City of South Miami, Flori amendi g
Chapter 4 of the City Code of Ordinances by revising the distance
P P\\ requirements between restaurants and residences and between
restaurants and restaurants; revising the distances between bars/
lounges and bars /lounges and between bars /lounges and nightclubs;
providing for severability of the provisions hereof; repealing all
ordinances or parts or ordinances inconsistent herewith and providing
an effective date. (Comm. CoA�er)1 , / 4/5
7. An Ordinance of the City of South Miami, Florida, amending
Section 20 -3.3 C (5) of the Land Development Code,of the City of
South Miami, Florida, by providing for new or unlisted uses of a
similar nature to be added to the permitted use schedule by the
City Commission upon the recommendation of the Director of
Building and Zoning and Community Development; providing for
severability; ordinances in conflict; and an effective date.
(Mayor Mc Cann) 3/5
RESOLUTIONS FOR-PUBLIC HEARING:
NONE
OFFICIAL AGENDA
April 16, 1991
Page 2 of 3
RESOLUTIONS:
��{_ Q / - 9/0 �
`� 8. A Resolution of the Mayor and City Commission of the City of
b South Miami, Florida, proclaiming Saturday, April 27th, 1991,
1 as Arbor Day in the City of South Miami, Florida.
(Ma or) 0 3/5
9. A Resolution of the Mayor and Commission �� 7
y r n City Commission of the City of
South Miami, Florida, authorizing the Tropical Flowering Tree
/ociety to design and plant tropical flowering trees in \�
can Willis Park.
(Ma or, //O 3/5
10. A Resolution the M ��/
n o h Mayor o r a n d C i t
' m 4-s -s ro- n— of�k-e—Er t y of
South Miami, Florida, proclAm -i-ng Saturday,
April 27th, 1991,
as National Youth Serva -e-9'&y in the City of South Miami.
(Mayor) 3/5
11. Resolution of the Mayor and City Commission of the City of
outh Miami, Florida, calling for the Congress of the United
States to amend the Fair Labor Standards Act to permit public
employers and certified bargaining agents to waive Section 200,
207 and 211 of the Fair Labor Standards Act by collective
bargaining agreement. Co �poper) 3/5
12. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the purchase of Ammunition
IA orthe Police Department for a total Price not to,:exceed
$,653.75 and providing for disbursement from account under
1910 -5210.
Ad
� ;ni tration) 3/5
- /!3
13. A Resolution of the Mayor and City Commission of the City of
t,, /South Miami, Florida, appointing Larry Ligammare to the Planning
t`r` B o a r d.
M /r)91 3/5
U_ 5b 14 61 A Resolution of the Mayor and City Commission of t e City of
South Miami, Florida, appointing Elsie Thorner to the Planning
Board. Ma r) 3/5
15. A Resolution of the City of South Miami, Florida, authorizing
'Jthe City Manager to enter into an Agreement with Coral Gables/
A South Miami Khoury League for the contruction of a storage
building at the City's South Miami Field.
Agreement Attached. (Admini tration) 4/5
16. A "solution of the Ci t f S -�Ii �
y o outh Miami, Florida, authorizing
�i.t e City Manager to enter into an agreement with Coral Gables/
�-^ ,South Miami Khoury League, to replace the roof of a Recreation
v Building at the City's South Miami Field.
Agreement Attached. (Administ at'. 4/5
17. A Resolution of the Mayor and Cit Co � 'QI ft
y y mm mission of the City of
outh Miami, Florida, to purchase turf equipment for the Recreation
Department from Lewis Equipment, Co., Inc. at a total cost of
$4,500 from Government Bid No. 90 -47, to be paid from Account No.
2000 -6430 entitled; Recreation: Equipment- Operating.
18. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, to purchase a tractor for the Recreation
Department from Ford New Holland, at a total cost of $8,066 from
State of Florida Bid #765 - 900 -90 -1, to be paid from Account No.
1710 -4670 entitled: Public Works Maintenance and Repair- Grounds/
Structure.
(Administration) 4/5
OFFICIAL AGENDA
April 16, 1991
Page 3 of 3
ORDINANCES - FIRST READINGS:
NONE
REMARKS: .�
1. Linda Werner, At Ease, 5844 Sunset Drive, to address the
City Commission regarding fines received for alarms that
were determined, by the City, to be "false"
2.
Signs Inc, letter dated A
the decision of the ERP,BG
Copy of letter attac d.
`_ -
;AT- 9, 1991 in reference to
n the Harlee Center Sign.
Your are hereby advised that if any person desires to appeal any
decision with respect to any matter considered at this meeting or
hearing, such person will need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
ORDINANCE NO.
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 AND THEREUNDER; PROVIDING FOR A TERM OF FIFTEEN
(15) YEARS: PROVIDING FOR A FEE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
ib
WHEREAS, the Southern Bell Telephone and Telegraph Company
(hereinafter called "Companv ") desires to renew its franchise
with the Citv of South Miami (hereinafter called "City ") for use
Of public streets in the transaction of its business; and
WHEREAS, the City Administration recommends the permission
beinv_ granted pursuant to the authority of Section 362.01 Florida
Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Company, is hereby granted non-
exclusive permission for use of City right -of -ways upon the
following terms and conditions.
Section 2. The C mpany, its successors and assigns, is
herebv granted permission to construct, maintain and operate
lines of telephone and telearaph equipment, including the
necessar.v poles, conduits, cables. electrical conductors and
fiber optics and digital technoioay fixtures upon, along. under
and over the public roads. streets, highways, and right of wav of
the City of South Miami, Florida-,, as its business may from time
to time require. provided that all poles shall be neat,
svmmetrical' provided that no utility work,
described above or otherwise allowed pursuant to the franchise
granted herein. shall be installed, located or relocated without
aonrovai of the Environmental Review and Pre ervation Board and a
written permit issued by the City; and fu rher provided that
annuallv the Citv shall furnish the Companv wit a list of anv
�v
S j
equipment which the Citv has determined to be not in compliance
with the franchise granted herein, whereupon the Company shall
repair /renovate such equipment within 60 days.
Section 3. The work allowed under this franchise shall be
done sublect to the supervision of the Citv, and the Comoanv +
shall replace or properly relay and repair anv sidewalk, street
sod, landscaping, or other improvement that may be displaced by
reason of such work, and upon failure of the Company so to do, �.
after twenty (20) days notice in writing given by the City n /],
Manager to the Company, the City may repair that may ��7/
have been disturbed by the Company, and collect the cost so
incurred from the Companv.
Section 4. In consideration of the rights and privileges
herein granted, the Company shall pay to the City annually a sum
equal to one percent (1 %) of the gross receipts of the Company on
recurring local service revenues for services provided within the
corporate limits of the Citv by the Companv, provided that there
shall be credited against such sum the amount of all taxes,
licenses, fees and other impositions (except ad valorem taxes
and amounts for assessments for special benefits, such as
sidewalks, street pavings and similar improvements, and
occupational license taxes) levied or imposed by the Citv upon
the Companv and paid during the preceding fiscal vear as defined
herein.
ravment shall be made to the City for each of the years that this
tJrdinance is in effect and shall be based on the rece•iots of the
Comoanv of the fiscal vear. For the purposes of this payment,
;uch fiscal vear shall end on December 31st. The annual oavment
shall be made to the City in tour (4) installments. The first,
Gecond and third installments of the annual oavment shall be
based capon such gross receipts for the first, second and third
�uarzers. respectiveiv of the riscai vear and shall be made on or
before three (3) months following the end of these oeriods. The
fourth installment of the annual oavment shall be made on or
2
I j
before three (3) months followina the end of such fiscal year,
shall be based upon such gross receipts for the fiscal vear but
shall be adiusted to reflect pavment of the first three (3)
installments. However, the first annual pavment shall be made in
one lump pavment on or before three (3) months subsequent to the
passage of this Ordinance (if accepted by the Company) and shall
be based upon revenues for the fiscal year ending December 31,
1989 and shall be for the permission year April 21, 1989 through
April 20, 1990.
Section 5. If the Citv wishes to verify the payments to
the Citv under this Ordinance, the Company shall permit the City
or a designated representative of the City, upon reasonable
advance written notice, to review the Company's billing and.....
payment records, upon which the payments were based, during
normal business hours at the location of the Companv where such
records are maintained. However, no Companv records may be
duplicated or taken from the Company's premises, and the City
shall maintain the confidentiality of the information disclosed
in these records and use the information solelv for the purposes
of verifvina pavments by the Companv, except as may be provided
by the Federal and State public records law.
Section 6. The Companv shall install underaround
extensions of telephone distribution lines in all new residential
construction over five units in new subdivisions: all new
commercial construction over 107000 square feet: and all
(-ommercial rehabilitation construction over 15,000 square feet
whenever the cost of the rehabilitation exceeds 50% of the
,assessed value of the land and building. All such installations
will be in accordance with and subiect to the requirements of the
aonlicable statues. the Florida Public Service Commission Rules
and nNauiations. the South Florida Building Code, and -he City of
;;Huth Miami Comprehensive Master Plan.
s=ection 7. The Companv shall indemnifv the City against,
and assume all liabilities for damages which may arise or accrue
3
to the Citv for an injury to persons or oroperty from the doing
of anv work herein authorized; or the neglect of the Companv or
anv of its employees to comply with anv Ordinance regulating the
use of the streets of the City, and the acceptance by the Company
of this Ordinance shall be an agreement by it to oav to the City
anv sum of money for which the City may become liable from or by
reason of such injury.
Section 8. Nothing in this Ordinance shall be construed as
a surrender by the City of its right or power to pass Ordinances
regulating the use of its streets, rights -of -way or granting
similar agreements.
Section 9. The Company shall file with the City its.: -
acceotance of this Ordinance within sixty (60) days from the date,
of its final passage; otherwise, this Ordinance shall thereupon
become null and void.
Section 10. The permission granted by this Ordinance, if
accepted by the Company, shall be in force and effect for a term
of fifteen (15) vears from and after April 21, 1989.
Section 11. Any failure of the Company to abide by any
provision of this Franchise may result in the City causing this
Franchise Agreement to be null and void.
Section 12. If any section, clause, sentence, or ohrase of
this ordinance is held to be invalid or unconstitutional by anv
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 13. All Ordinances or parts of Ordinances in
3
4
I S
conflict herewith be and the same are herebv reoealed.
PASSED AND ADOPTED this th day of , 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
5
f �
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 -1 -. 0 TO ANY ONE
CANDIDATE BY ANY ONE PERSON: PROVIDING FOR
SEVERABILITY: ORDINANCES IN CONFLICT: AND AN EFFECTIVE
DATE.
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 Metronolitan Dade Countv Home Rule
Amendment and Charter . . . ., -
and;
WHEREAS, State Law as codified in section 106.08 (l) of the
Florida Statutes currently provides:'
.ix.
No person, political committee, or committee of
continuous existence shall make contribution to anv
candidate or oolitical committee in this state, for any
election , in excess of the following amounts: . . .
(a) To a candidate for countvwide office or to a
candidate in anv election conducted on less than a
countywide basis, S 1,000.
and:
WHEREAS, the Mayor and City Commission of the Citv of South
Miami. Florida wish to reduce the maximum campaign contribution
cfl) - -
amount to S oer candidate in order to reduce total
campaign income. reducing total campaign expenditures and thus
providing greater opportunity for all citizens to aspire to
oubiic office.:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA:
Section 1. That no person, committee, corporation, or
other entitv shall make contributions to anv candidate or
T I
political committee for any commission seat in the City of South
Miami. Florida in excess of S 100.00 per candidate.
Section 2. If anv section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by anv
court of competent jurisdiction, then said holding shall in no
wav affect the validitv of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herevith be, and the same are, hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of April, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
;" I TY ATTORNEY
APPROVED:
MAYOR
2
t
ORDINANCE N0.
AN (5kDINANCF f)F THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING AU14SECTT ON ( 5 ) OF SECTION 20-3.4 ( B ) OF THE
LAND DEVEi.OPMENT (:cjr)E OF THE CITY OF SOUTH MIAMI,
F1.iikIr)A BY ADDING A SUBSRCTION in TO PROVIDE FOR RETAIL
SALE OF SNACK FOOD::, SOFT DRINKS, . CANDIS3, GUM,
CT(IARETTES, AND RELATED ITEMS, BUT NOT ALCOHOLIC
BFVEkAGES. GASOLINE
SERVICE STATIONS; VROV1DING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND AN EFFECTIVE LATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Lend Development: Code providing for a permitted u*c
schedule; and
WHEREAS, there presently does not exist a permitted use fox
the retail sale of snack foods, soft drinks, candies, gum,
riaaret:tes, and related Items, but not alcoholic beverages, as an
accessary special use to gasoline service stations in the
permitted naey schedule; and
WHEREAS, the M&ypr. and Citv Commission wish to amend the
Land Development Code to provide jor the retail sale of snack
fonds, soft drinks, candies, gum, cigarettes, and related items,
but not alcoholic beverages, as an accessory special use to
gaaoltne service stations In -the permitted use schedule;
NOW, THEREFORE, BE TT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
$ecijnn_1. Section 20 -3.4 (B) of the Land Development
Code be, and the same is, herebv amended to add the following
suboarts to submectiun 5:
(5) GASOLINE SERVICE STATION
. . . .
M. The retail sale or snack foods, soft drinks, candies,
gum, cigarettes, and related items, but not alcoholic
t�
beverages, is Permitted =..� —and _cgsasr�r— tree -o gasoline
zervice stations.
Section'• 1i any section, clause, sentence at phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of momoetent. •iurisdiction, then said holding shall in no
waiv affect the validit;v of the remaining portions of this
. 1
Ordinance.
5
.91gtion _.'. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
aection,,#. This Ordinance shall take effect immediately at
the time of its urAssage.
PASSED AND ADOPTED this _,_,th day at 1991.
APPROVED:
MAYOR ._.....__— _
ATTEST:
READ AND APPROVED AS TO FORM: !
CITY
2
a
5
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
retail sale of snack foods, soft drinks, candies,
gum, cigarettes, and related items, but not
alcoholic beverages, as Accessory Special Uses to
Gasoline Service Stations; providing for
severability; providing for ordinances in conflict;
and an effective date.
Chairman Ligammare opens the Public Hearing. Mr. Felix Gonzalez,
owner of the Chevron Station located at 6201 Sunset Dr., signed in
to speak for the request, stating that the vending machines used
in the past have been vandalized as often as two to three times a
month. They have remodeled the station to allow for inside sales
of the items listed in the request.
There being no one to speak against the proposed ordinance, the
Public Hearing was closed and Executive Session in order.
Mr. Eisenhart stated that the exclusion of alcoholic beverages
would allow competitors of these operators to have an unfair
advantage. Mr. Ligammare and Mr. Parr disagreed.
Mr. Parr made a motion to approve PB =91 -008 as written. Seconded
by Mr. Lefley,
Vote: Approved: 4 Opposed: 1
(Eisenhart)
ORDINANCE NO.
AN I:IkriINANCF ( "F THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SIJHSEL :TI ON ( 5 ) OF SECTION 20-3.4 ( B ) OF THE
LAND DEVELOPMENT 00DE OF THE CITY OF SOUTH MIAMI.
FT,iiklDA BY ADD110'; A SUBSP.CTION to TO PROVIDE FOR RETAIL
SALE OF SNACK FGUGSI, SOFT DRINKS,.CANDIRS, GUM,
CT(IAPETTES. AND RELATED ITEMS, BUT NOT ALCOHOLIC
BEVERAGES. AS ACCESSukY SPECIAL USES TO GASOLINE
SERVICE STATIONS; DROV1DING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the Litt/ of South Miami, Florida has heretofore
enacted a Land Development: Code providing for a permitted use
schedule: and
WHEREAS, there presently does not exist a permitted use for
the retail sale of snack foods, soft drinks, candies, gum,
rinaret:tes, and related items, but not alcoholic beverages, as an
accessary special use to gasoline service stations in the
permitted use schedule; and
WHEREAS, the Major. and Citv Commission wish to amend the
Land Development Code to provide for the retail sale of snack
foods, soft drinks, candies, qum, cigarettes, and related items,
but not alcoholic beverages, as an accessory special uze to
gasoline service stations In -the permitted use schedule;
NOW, TH$REFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY Or SOUTH MIAMI, FLORIDA:
$ec csn_1. Section 20 -3.4 (B) of the Land Development
Code be, and the same is, hereby amended to add the following
subpArts to submectiun 5:
(5) GASOLINE SERVICE STATION
m. The retail :sale of snack foods, soft drinks, candies,
Qum, cigarettes, and related items, but not alcoholic
beverages, is permitted as an accessory use to gasoline
service stations.
Section 4. Ti anv section, claua,el sentience or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of nompatent luriscliction, than said holding shall in no
way affect the validit;v of the remaining portions of this
OrOinance.
Sq c _L _,�_ All Ordinances or parts of Ordinances in
conflict herewith be, and the sane are, hezeby repealed.
;�ec�ion,n. This Ordinance shall take effect immediately at
the time of its uAssage.
PASSED AND ADOPTED this `th day of 1991.
APPROVED:
MAYOR
ATTEST:
READ AND APPROVED AS TO FORM: /
CITY AT'i`��ItNI'Y
2
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
retail sale of snack foods, soft drinks, candies,
gum, cigarettes, and related items, but not
alcoholic beverages, as Accessory Special Uses to
Gasoline Service Stations; providing for
severability; providing for ordinances in conflict;
and an effective date.
Chairman Ligammare opens the Public Hearing. Mr. Felix Gonzalez,
owner of the Chevron Station located at 6201 Sunset Dr., signed in
to speak for the request, stating that the vending machines used
in the past have been vandalized as often as two to three times a
month. They have remodeled the station to allow for inside sales
of the items listed in the request.
There being no one to speak against the proposed ordinance, the
Public Hearing was closed and Executive Session in order.
Mr. Eisenhart stated that the exclusion of alcoholic beverages
would allow competitors of these operators to have an unfair
advantage. Mr. Ligammare and Mr. Parr disagreed.
Mr. Parr made a motion to approve PB =91 -008 as written. Seconded
by Mr. Lefley,
Vote: Approved: 4 Opposed: 1
(Eisenhart)
5
ORDINANCE NO.
A0 OF THE CITY OF SOUTH MIAMI. CLORIDA, AMENDING ,(
CIIAPTL•R 4 OF THE CITY CODE OF ORD,1VANICF..�, Y� VLSI!!• 7HE -`' p
OISTAClCE REQUIRE ?!EtiTS BETT�EENo��S'4e' R rTS� i� ?!� `f Y1 �v'CE5 AND _f /,—i��'
B ET17E£:: RES TAURANT. S AND R.£STAL'RANTS ; REV IS I NC 7HE C 1 STANCES �fdjL'A C�
BETWEEN BARS /LOUNGES AND EARS /LOUNGES AND SET!'EE'!
BAPS /LOU ?ICES AND MICIITCLL'BS: PROVIDING FOR SEVF.RABILITY OF
THE PROVISIONS HEREOF; REPEALI;lG ALL ORDINANCES OR PARTS OR
ORDINANCES INCONSISTENT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
1411F.REAS, the City has established, pursuant to Chapter 4 of
the Code of Ordinances of the City of South Miami rules and
regulations regarding sale of alcoholic beverages within the
City; and
WHEREAS, the Mayor and City Commission wish to amend
specific sections of said Chapter in order to address distance
requirements between specified licensed establishments.
D 4D-6- &
NOS:, THEREFORE, BE IT •.D EY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUT1! MIAMI, FLORIDA:
Section 1. That Section 4- 2(a)(3), Distance Requirements,
be and the same is hereby amended as follows:
0
No premises shall be used for the sale of alcoholic
beverages where the proposed licensed establishment is located
less than the distance in feet from another usage indicated in
the following chart:
I
�
I
` SPACING
I z
I
Z Z
Q
N
Y I
Y
5
REQUIRED
I o
z
I
V
J
x
I
L
Z
?_
y
I -• z
L_
U
I y
z
I
I RESTAURANTS
i
300
0'
13001 1300'
300'
!
I
1U.R /LOUNGE
I,
s
500'
1 500'
i 500' ! 500' I
500'
�NIGSTCLUS
I
Goo'
i 500'
1 300 l X00' i
30D i
IGROCERY STORE
I 0
:SUPERMARKETS
; 0 '
i
IpACXAGE STORES
500' '500'
,
;GIP: BASKETS
INOHCONPORMING USES
_.
Section 2. That if any section, clause, sentence or phrase
of this ordinance is held to he invalid—or unconstitutional by
any court of competent jurisdiction, then said holding shall in
no way affect the validity of the remaining portions of this
ordinance.
Section 3. All ordinances or parrs of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of , 1O90.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FOR"!:
CITY ATTORNEY
,'
APPROVED:
RAYOR
CITY CQI:'.•'ISSICI: ('OMISI!OP
—ArCll 12, 1991
A workshop session was herd on -arch 1C. 1991, at 7:3C F"' in
the Conference Foom at South Yiami City ! "all to discuss distance
recuirer.ents for restaurants in the Specialty Retail
District /Fesidencial Districts of the Comprehensive Plan and the
Specialty retail in the zoning ordinance.
Those in attendance were: "ayor McCann, Vice—Mayor Carver,
Cemr.issioner Launceloct, Corrissioner Banks and Commissioner
Cooper. Also in attendance were: City 1!anager Hampton,
Comprehensive Flan Consultant Swarthout, Euileing, Zoning &
Community Peveloprr.ent Director Lara and Assistant to tl•e Clerk
Gladys r:illar.
Swarthout c'istributed to the Commission, and reviewed, a
r
.,emorandur he had prepared addressing Restaurants in the
Specialty retail District (attached for reference). I!e explained
that they have done a field survey with the intent to determine
whether there right Fe, now or in the future, so rar.y restaurants
that they would thwart the rasic concept of the Comprehensive
Plan with regard to Specialty Detail /Fesidential District as
designated in the Comprehensive Plan.
From his professional experience, ;'r. Swarthout explained
that a certain nurber of restaurants are necessary in a downtown
zrea. ['bile the restaurants are eesiral:le, especially where
there is not a major anther score, is is not desirable to have so
many that they 'scueeze' out other retail functions.
:'r. Swarthout referred to the riap attached to his r-erorandum
citing eifForent areas for the Commission. Ile pyr,Ininee that he
t,ns hig,h!itlrced next co those' uses 1•e does not feel holonr in the
Specialty Detail corridor ancr reviewed ways to repulace
restaurants in this Specialty P.ecail /Pesiclential area.
Discussion r:as held with regard to establishments serving
alcoholic leverages. Mr. Swarthout also spoke about preserving
the Speciality retail /residential lv lir-itin€ restaurants.
Vice —Navor Carver noted that a Proposed shopping center ray
contain 2CO retail stores, including sore on the street level.
It wou16 seer: to hip,, good retailers ray shy away frog Sunset
!)rive iocac ion with the cer-pet icior. from a 1arl,e retail center.
11e woule like to see office use approvice as a feasib!e
alternative — even licycle sales.
01
*:r. Ewarchout explained that whatever is there not can
ultimately be changed F.ased on what is approved for the stropping
center site.
i:avor t:cCar.n expressed concern that, with an additional one
or two restaurants orerating at peal;, there could be parkin;.
rrobler.s. This has haprened in the past, and she would like to
worl: toward anticipating any problems that ray manifest
cher.selvcs.
lir. Swarthout stated that it is his opinion that all
enterprises do not have to have parking on -site as different
businesses have clients at different tires.
lfayor ?'c Cann stated that is would be interesting to see the
police reports for areas where ratrons left the estahlishrents
and went to off -site parking.
Vice- l'ayor carver seated chat there ray Fe r..echar.isrs to use
shared parking and noted that there is a difference between tears
and restaurants and restaurants that have soleIv table service
and serve alcoholic beverages with the real.
Vayor suggested going throurh ordinance and change "r' "s to
"S "'s where there are types of businesses that the Commission
would like to regulate.
Cor.:r..issioner Cooper referred to the provision t'y 1:r.
Swarthout so that one activity (business) can take up only 1/5 of
retail frontage a Clock for a depth of 5P feet. !'ayor 1'c Cann
said would the sane provision also apply to hanks or any business
that is in surplus.
1'r. Ft:arthout said he would prefer rercentates rattier than
distancing.. with regard to number and types of restaurants. 1Iayor
VcCanr. noted ct•at this could re done by ordinance, l•ut tl.c
CoT^r..ission would then, have to make provisions for trandfathering
in those c-xisting and a set of special conditions.
Further discussion tool: place i:ich regard to offices and
uses that would he rerritted on a second floor and the nurher of
iters that require special uses. Vr. Swarthout said this can be
done with percentages or write out tFe use as rerritted or. t}e
first floor. llayor 1cCann suggested designating this by r
(perr..itted) with a _ rexr to it sl :owing. it is perr.ittee on the
second floor.
Vice - }'ayor Carver said that if the city c'oes not have s
profiler: now, when the City does not •.-now what will harpen trich
the rl'P area, is ,reratury and the situation car. E-c roricored.
:'he Cor.rission is now speakirg only of the distances between
restaurants without discouraging uses that tl•.e City_ r.ay want at a
lacer time.
'�J
I
Comr..issioner Cooper stated that the restaurant issue needs
to to addressed now and if the City uses the percentage item, a
percentage needs to be used for all. Vice- l!avor Carver
suggested using distance now, and percentages when there are more
iter.. to address later.
:Iayor ''cCanr said trP changes to percentage r..av take a
period of time and the Cor.mission may want to start planning for
this now. She prefers percentages over distances except when
planning the distance for those serving alcoholic beverages in
their - relationship to residences.
Vice- 1!avor Carver noted the difference between bars and
establishments with sit down service.
Commissioner Cooper suggested that the items he put into the
forr. of an ordinance so the Cor:r..ission may consider it. Mayor
VcCann asked Mr. Swarthout to prepare the ordinance with the 20°.
figure they have discussed and have each Comrissioner give their
input.. Commissioner Cooper asked *!s. Lama to 'test' out one
area, such as the area of JJ's to see how the figures line up.
Vice -Mayor Carver said that the City may '.:e spending monev
when it is not necessary when the Flans For the proposed Cakery
Centre are not }mown. Also, there should be sore consideration,
cliven to the fact that -r. Swarthout is present at the reetings
at a substantial cost to the City without prior discussion and
approval of the exrenditure.
Vice -Favor Carver objected to the City's police c'epartr.enc
delivering, notices of werkshoFs, at the last rinute, when the
notices could re prepared in advance and included in the re-ulnr
packets.
Tl ;c r.eetirg adjourned at x:15 PtI.
a -
I
' ROBIERT K. SWARTHOUT, INCORPORATED city planning consultants
400 South Dixie Highway, Suite 121
Boca Raton, Florida 33432 -6023
(407) 392 -5800
(305) 467.5800
March 12, 1991
Mayor and City Commission
City of South Miami
6130 Sunset Drive
South Miami, Florida 33131
SUBJECT: Restaurants in the Specialty Retail District
Dear Mayor and Commissioners:
This letter reports on our field analysis of restaurants in the portion of the
City designated as Specialty Retail/Residential in the Comprehensive Plan
and Specialty Retail in the zoning ordinance.
Our field survey was conducted with the intent of determining whether or
not there might be, either now or in the future, so many restaurants that
they would thwart the basic intent of the Specialty Retail/Residential
Comprehensive Plan designation. We expected to draft appropriate
regulations to address any present problem or potential future problem.
From our professional experience we believe that a certain number of
restaurants are important draws for any "downtown" which lacks a major
retail anchor, as is the case in South Miami. However, it is not desirable
that there be so many restaurants that they squeeze out other retail
functions. We are unaware of any magic percentage below which there are
too few restaurants and above which there are too many. The specialized
professional literature might be able to suggest such a percentage. We did
not do a thorough search of such literature as we thought the prospects of
learning something definitive from it would be small in comparison to the
amount of professional time that would have to be invested.
The results of our field survey are sketched on the attached map;
restaurants and restaurant buildings, both occupied and vacant, within the
Specialty Retail District are indicated with a black dot and a
number. It is our belief that there are not now too many restaurants. Nor
would there be too many if the presently vacant buildings and store fronts
which once housed restaurants were to again house restaurants. Indeed,
we think that some growth in the number of restaurants could be desirable,
particularly if such growth occurred away from those block faces fronting
directly on Sunset Drive.
I
Mayor and Commissioners
City of South Miami
March 12, 1990
Page 2
Any restrictions on restaurants which are designed to protect or enhance
the Specialty Retail/Residential concept should be applied to other uses
which might also have a negative impact on this concept. This is necessary
to meet court imposed standards of reasonableness and equal protection.
Accordingly, we thought it important to give consideration to all of the uses
which the Zoning Ordinance permits in the Specialty Retail category. We
found many which we thought would be equally or more detrimental to the
Specialty Retail concept than restaurants are likely to be. These uses are
designated with a black dot and a heavy bold underline in the attached
photo copy of pages 40 through 44 of the South Miami Zoning Ordinance.
Uses which we think are clearly compatible with the Specialty Retail
concept are designated with a heavy black circle.
We think there is reason to tailor different regulations for those blocks
which front on Sunset from those which do not front on Sunset. On those
blocks which front directly on Sunset Drive, Specialty Retail is a land use
pattern that already exists; it is to be protected and enhanced by the
Comprehensive Plan and Zoning Ordinance. On those blocks which do not
front directly on Sunset Drive, Specialty Retail/Residential is a land use
pattern that is hoped for and is to be promoted by the Comprehensive Plan
and Zoning Ordinance; it is not a condition which actually exists at the
present time.
There are probably many helpful ways to regulate restaurants and other
uses which are potentially incompatible with the Specialty Retail
Residential concept. We suggest the following set of these possibilities:
1. Create a new overlay district shown with a dashed line on the
attached map. This can be called the Specialty Retail Core Overlay
District.
2. Within the Specialty Retail Core Overlay District, permit
restaurants by right so long as the sum total of all restaurants on
any given Sunset Drive block face does not exceed 20 percent of the
retail frontage on the block face for a depth of 50 feet.
3. Permit additional restaurants in the overlay district as a special
land use. The most important standard for granting or denying
special use approval should be a finding based on substantial and
competent facts that the specific restaurant in question will
enhance the Specialty Retail concept. A large new quality
restaurant instead of the bank at Sunset Drive and 57th Court
might well enhance the Specialty Retail concept. A large new
restaurant in place of the retail shops east of 57th Court would
likely not.
1
Mayor and Commissioners
City of South Miami
March 12, 1990
Page 3
4. Permit certain types of restaurants, particularly medium- and low -
turnover restaurants, by right and without special use conditions
outside the core of the Specialty Retail District. It seems to us that
such restaurants outside the Sunset Drive core would be an asset,
at least for the immediate future. When the Specialty Retail land
use pattern begins to expand to the frill extent envisioned by the
Comprehensive Plan, a different restaurant policy might be in
order.
5. Prohibit or make special uses many or all of the uses designated
with the black dot on the attached copies of pages 40 -44 of the Zoning
Ordinance. Some of these uses could be treated more permissively
outside the Core Overlay District than in it.
We do not believe that these suggestions need be the last word. We would be
happy to consider any other suggestions which might come from the
Planning Department, the Planning Board, the Commission or the public.
Yours truly,
ROBERT M SWARTHOUT, INCORPORATED
Robert M Swarthout, AICP
i_
U
J29
v
"� •• � tom--. �. _ _ .. —..��
� I h ••1 I Q 41 J •� Op 0� I � � � � � I ' ' ° K. I �a ! ' + 1 � � i. � r
S . z
Z I IB+ � � .;• _ `r. -I -4j;
8 `�TC`71 44 f
L r � Q. ♦O � ♦ � 1 �
� v
Ji< N L
ri
0 }.
1 �
Q I ♦r
� I
h -
I
•
a
Q f ,
o � t
0
n �
0
O '
M
O .L ..
O r
'fl
1�• D T !f
-• r�1 . I I
MT
1
1 .�` +� M • 1 1 V
� y
a � • � �n nom.
17 � Diu S u
..
A.
' i � i P l r.ir• 1 7 1 r 1 _ �' I J
tT
'
I
r
J • n
ti
I
-1
+
.1
N .S,
f.
tv
n v
J
17 � Diu S u
..
A.
' i � i P l r.ir• 1 7 1 r 1 _ �' I J
tT
s
s
•
•
Section 20- 3.3(D)
• PE1�M =TTLG'D USE SCHEDULE
P = PERMITTED BY RIGHT; S = PERMITTED AS SPECIAL USE
CONDS = SPECIAL USE CONDITIONS (SEE SECTION 20 -3.41
PARKG = PARKING REQUIREMENTS (SEE SECTION 20- 4.4(B)1
ZONING DISTRICT
C P
R R R R R R R R R L M N S G I H P P O A
S S S S T T M M 0 0 0 R R R I R N R
USE TYPE 1 2 3 4.6 9 1 2 D K
8 4 1 S G
PLANNED UNIT DEVELOPMENT 1S1S1S1SIS1S1S1S11S1S(S1S S1S1S1S1 1 it 81 -I
RESIDENTIAL USES
Dwelling, Single- family
P
P
P
P
P
P
P
P
S
S
S
S
S
13
1
17
1
Dwelling, Townhouse
P
P
P
P
S
S
P
IP
1
6
17
2
Dwelling, Multi- Family
P
P
S
p
ay Care Center(7 or more chidren)
17
1!
Community Resid Home (6 or less)
P
F
P
P
P
P
P
P
P
P
Fraternal Organization or
P
11
Community Resid Hone ( 7 or more)
P
P
P
i
P
l
PUBLIC AND INSTITUTIONAL USES
Adult Cp�gregate Liv ng Facility
I
S
S
S
S
S
13
1
Church, Temple or Synagogue
71
S
5 S
S
S
S
S
1
6
8dvertis_ina Agenc
p
ay Care Center(7 or more chidren)
101
Anima Hospita or Veterinarian
P
P
P
P
P
P P
P
11pp'PIP1
P
101
Fraternal Organization or
P
12
A c ctura v
Dr' ��
cmcoile Parking Ar; "Z"
7
Governmental Administration
S
*
-
Autom'obil'e nnta7 Agency
P
P
P
P
P
101
Hospital
ip
11 I
A utomobjle Repair & -Body Sh
S
14
51
museum, Lib`' ary cz Art Gallery
D
Automobile Upholstery & Top Shop
Pam_ Plavaround, Public
P
pip
P
P
P
111;
Automobile `mashing or
P
1
� . Seco gho 1 rlementary or ndary•
1P1P'P11P1P1P1P.P1P!P
Detailing Cperation
P
P
P
P
i121
_!_rnr_priona1
P
9111
P
P1
Social Services Agency
I
i
I
IIpIPjPIP
PI
1PI
1Pf
I 1101
•
•
BUSINESS AND PROFESSIONAL SERVICES
Accessory Medical Services I
I
S
18l
71
8dvertis_ina Agenc
p
101
Anima Hospita or Veterinarian
11pp'PIP1
1PI
P
12
A c ctura v
cmcoile Parking Ar; "Z"
j
S
S
*
-
Autom'obil'e nnta7 Agency
,
ip
11 I
A utomobjle Repair & -Body Sh
i
D
Automobile Upholstery & Top Shop
P
111;
Automobile `mashing or
1
Detailing Cperation
(
I
P
9111
t - No ccndi- -ions
LAND DEVELOPMENT CODE Revised January 15, 1991 CITY OF SOUTH MIAM
7 40
section 20- 3.2(D)
ZONING DISTRICT
II r-
rt R R R R R R R
R L M N
S G I H P P
0 A
S S S S T T M M
:E TYPE
0 0 0 R
R I R
N R
1 2 3 4 6 9 1 2
D K
8 4
S G
sank or Savings Institution
ie- uty or Barber Shop
p p
p
11
li P 1
S S P
P P
1pi
16 11
!owli.ng Alley or Skating Rink
i in r- nntrActors og ice
S
S
it
16
=et 61eanin�i Service
p
P
p
I
p
1p
1
10
11
:atering Services
.hironractic Office or Clinic
p
P
P
p
p
P
p
S
14
11
9
:ontractor Plant & Storage
14
'ommuter i PC & Servinoc
P
-guppl
p
p
p
p
p
14
)ance, Art, Music
ar . s its SchDo 1
'
P
P
P
P
10
e
D
?ry C'_eani ng subgrari nn
( no rocessincr )
D 1 Plant +
S
S
P
P
P
16
11
:.=ioyment Agency
p
p
11611101
zngi.neering Services
p
p
p
p
p
p
p
=i 1 A
10
IneaTA 1 Hnn+�
+nl r,- ►nnrn ;
S
S
P
3
1�
-7nsuranCR Agency
pip
P
P
p
P
P
4
Interior Decorator
p
p
p
p
10
mvestigar�v qa= icps
p
p
p
p
p
10
:.aooratory: Medicai or genta l,
P
P
p
p
p
1
9
0;
I
P
P
P
I11
a
D
:.awn Maintenance Services
Loan or Finance &gems
P
1
p
p
p
p
111
10
r
'� et Research Services
p
p
p
p
p
Medical ice
p
p
p
P
P
P
10
9
nr a T Services
Jails & Skin Care (accessory)
Notary Public
S
S
16
11
I
LP
P
P
P
P
P
10
�nrirri anc n- _;t-i nQ,,As
Pest Control Services
P
P
P
P
P9
P
11
Photcarannic�Studio
S
?pure r ^naming Store
I
S
S
P
P
16111
�11
Planning & Zonina Consultant
I
p
p
p
p
p
p
p
110
:.AND DEVELOPMENT CODE Revised August 21, 1990 CITY OF SOUTH MIAMI
41
Section 20- 3.2(D)
ZONING DISTRICT
' 1( c P
R R R R R R R R
R L M N
S G I H P P
0 A
S S S S T T M M
ISE TYPE
0 0 0 R
R R I R
N R
1 2 3 4 6 9 1 2
D K
8 4
S G
Public Rela - ' ...Sryice
-n
P P P
P P
10
�Racric & Television Repair Shop
II"
Real Est e Acrellcy
p
11
Reproduction & raQc
Research & Development
Reupholstery•& Furniture
Repair Services
S
P
12
Stock Brokerage SQrv;cos
Tailor or Seamstress
p
p
p
p
p
10
P
P
11
Telephone Answering Services
p
p
p
p
p
11
Tutorial Services
P
p
p
p
p
11
T�Ye Agency
P P
P P � 0
(Match and C lock Sales & Repair
i
11P
p P
p 11
Video Tape Rental Store p
p p p 11
RETAIL AND WHOT.FSAT.F TRADE
1lr Conditioning Sales & Services
Antiaue or Curio Shon
I1
Parts
P 11
IPIP
Automobile Dealer
S
S
.9
11
Bait & Tackle Shop
S e � I
P
P
11
Hicycie Sales & Services
Boar- 0ea.ier
I
P
P
P�
RooK C
° Stationery o
or
I
J
JJ
I
S.
p
S
pip!
S
,Business Macnine Sales � Services
I
1
I
SIS
p
p
p
p
p
p
I
11
16 11
Cam mera,& P Qto Supp y Store
G` n r r C
I
C' ing or Apparel Stcre
(new r„�s
_,Inj�f ecri T„ e-raam Parlor
_rr
P
P
P
11
Consumer_Flecjro ?cs
or. _ Stn e
r
I
P
P
11
Dairyi Products_ Stogie
Departmenr or nry goons c+,QZp
p
p
p
8
:rinKi"Cr of a e
p
p
p
112 �
prua , Pharmacy er Sun6r7 Store
I
S
S
P
P
6
� I
":' =-- ''a_"
I
I
P
PP
P
,
16
31
Sat-ng P lace (Accessory;
rsrs
S
S
S
P
7
X16
6
7
0
No conditions
LAND DEVELOPMENT CODE Revzsea ALzcgusz 2101 :990 CZZ'Y OF SOUTH MI11MI
/ _0• 42
=czion 20- 3.3(D)
ZONING DISTRICT
II C P
R R R R• R R R R R L M N
S G I H P P
0 A
S S S S T T M M 0 0 0 R
R R I R
N R
E TYPE 1 2 3 4 6 9 1 2
D K
8 4
S G
r C I
I
Pip P1 I 1 11
ill
lorlst
S
S
P
P
P
P
16
11
aso 1 e Service Station
S
S
S
5
11
r
if t, Novel v o S o
S
S
P
P
P
11
ass and Mirror Sales & Services
ardwige
P
P
116
11
eavy ac finery sales,
Rental & Services
1
116
11
m
�Ippl
11
:ousehold Appliance Store
P
p
p
11
.ome Furniture
'ewelrY Store
S
S
P
P
P
16
11
.awn & Garaen Supplies
P
p
11
Services
D
-uggage or Leather Goods Store
P
P
11
ightin r, �rrr,rp�e Store
P
P
pli
11
r C
umber & Building Materials Store
p
11
iobile Food Vendors
P
*
N/A
)nument Sales
,iotorcycle Dealer
S
P
9
li
Jewsstand
S
S
P
P
P
16
11
D
Paint, Glass & Wallng Store
p
p
p
11
,et Sales or Groominar Sorv_ i_i
p
p
p
11
?!ant Nursery or GreenhaTs'e
Plumbing Shop
Ill
P oultry Seafood Market
P
P
P
r V r
I
S
C
Q
Sewing, Needlework
3r Pieng Pie Goods Storrs
P
P
P
11
c
tinc Goods Stork
I
P
P
P
1
r rn c
I
S1
1
7Tse r ha*tr i sa C�- �e
P
P
P
11
:j5gd Me;iandise ,tore
vow , ... G. . �..
(Qgns
S
S
S
6
ill
'sed erchanaise Fore
(Secondhand Goods)
I
S
S
6
11`
Wised Merchandise Store
'Vehicle Pa=z)
I
pry ari Ar c nrp
i
I
I
I
T11
P
P
I
111
Whoiesaie Sales & Storaae
I
I
IP Pi
IPI
I
1131
* see Section 15-63, M4 sce? 1 aneous nr oyi si rten C
ou h Miami erode of ordinances
LAND DEVELOPMENT CODE Revised January 1s, 1991 CITY OF SOUTH MIAMI
'� ' 4 3
section 20- 3.3(D)
3E TYPE
ZONING DISTRICT
R R
R
R
R
R
R
R
R
L
M
N
S S
S
S
T
T
M
M
0
0
0
R
1 2
3
4
6
9
1
2
8
4
P
Q
TRANSPORTATION, WAREHOUSING AND COMMUNICATIONS
111 11 1 N
ransit or Taxi Termin i P 71PP 12
Haterial Storage Yard :oo or a ocker 12
Storage Garage P 14
Transfer & Moving Company P 14
Vehicle
Public Warehousing & Storage P 14
HANUFACTURING AND INTENSIVE USES
ur
C P
G I
H
P
P
0 A
R
I
R
N R
D K
Cabinet Making & Millwork
Food Products
distillery) (no abattoir or
S G
111 11 1 N
ransit or Taxi Termin i P 71PP 12
Haterial Storage Yard :oo or a ocker 12
Storage Garage P 14
Transfer & Moving Company P 14
Vehicle
Public Warehousing & Storage P 14
HANUFACTURING AND INTENSIVE USES
ur
Cabinet Making & Millwork
Food Products
distillery) (no abattoir or
P
Q
14
Furniture & Fixtures
Machine Shop
C
P
P
11
14
14
lint & Allied Products
Printing, Publishing
or Bookbindina
P
14
14
Sign Painting & Lettering Shop
Stone Cutting & Processing ,
Tire vulcanizing
P
P
14
14
14
Upholstery Shop
(
1p
p1
1 11
114
i.cz..0 uL.vr.L.vrru.t�1 l.1JUr. xevised t1i1cusz 2j, 1990
44
CITY
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.
Chairman Ligammare declared the Public Hearing open and asked for
those present to speak either for or against this item. There
being none, the Public Hearing was closed and Executive Session
called to order.
Mr. Gutierrez asked Staff for clarification. Ms. Lama stated that
the amendment relates to the chart of distances rather than the
text. Distance requirements are only applicable to the sale of
alcoholic beverages. This is not clear as it was omitted from the
paragraph above.
Ms. Lama stated that there is only a requirement for fast food
restaurants in the Land Development Code as opposed to other
restaurants. Mr. Gutierrez asked, hypothetically, if he had a
restaurant not serving alcoholic beverages, could it be located
next to another restaurant? Ms. Lama explained that a restaurant
can be next to another restaurant. The chart presently used for
restaurants serving alcoholic beverages allows 5001 in all cases
except for distances between restaurants and restaurants which is
now 3001. All others require 5001.
Mr. Ligammare felt a sense of uncertainty from the Commission
between their Workshop Minutes and this item. Ms. Lama explained
that there are two distinct issues. Addressed at the Workshop was
restaurants rather than alcoholic beverages. There are two
different issues even though they overlap. Mr. Swarthout
recommends percentages as opposed to distance requirements to
control the overall number of restaurants within the City.
Mr. Lefley referred to Vice -Mayor Carver's mention of the Bakery
Center in the Workshop Minutes. Even though, as stated by Mr.
Ligammare, that the Bakery Center is a PUD, Mr. Lefley said that
other cities who have had this situation thrust upon then have had
much difficulty because of it. Mr. Lefley mentioned Bayside and
the Omni as examples where the restaurants were located next to one
another. The economic viability of these specialty centers was
based upon multiple restaurants, all having liquor licenses. The
point being that if a PUD is allowed special consideration, are
other dangers created for the rest of the Land Development Code.
Mr. Gutierrez restated his personal view that restaurants should
be unrestricted as to numbers, which would then be governed by
natural attrition.
Mr. Lefley suggested that the issue be deferred to allow time to
study the Swarthout report. Mr. Gutierrez disagreed, stating that
the natural evolution created by the permitting process would allow
for the regulation of restaurants.
Mr. Lefley noted that parking is the major concern of the City
where restaurants are concerned.
Mr. Gutierrez made a motion to amend the ordinance of distances
required between establishments that have the sale of alcoholic
beverages as follows: keep the distance requirements as stated on
the chart between all those establishments and church, schools or
residential areas and remove or change to zero all distance
requirements between restaurants and restaurants, restaurants and
bars and lounges and night clubs. Seconded by both Mr. Parr and
Mr. Eisenhart.
Discussion: Mr. Parr asks what will be the procedure for opening
a restaurant with the passing of this motion tonight. Particularly
as pertains to overall density.
Ms.Lama explained that it would require a special use permit.
Mr. Gutierrez stated that it would depend upon the zoning of the
location. He cited PB -91 -007 on tonight's agenda as a special use
request to replace one which had expired for the same address.
Ms. Lama stated that if a restaurant were to appear before this
Board without these restrictions but the special use conditions
were met, the request would have to be approved providing all
requirements and special use conditions were met.
This is a way of limiting the number of restaurants allowed within
the City in order to control density.
Chairman Ligammare calls for a vote on the motion. To vote "yes"
is for the changes as stated by Mr. Gutierrez. A "no" vote is for
the original request.
Vote: Approve: 5 Opposed: 0
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 20 -3.3 C (5) OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY PROVIDING
FOR NEW OR UNLISTED USES OF A SIMILAR NATURE TO BE
ADDED TO THE PERMITTED USE SCHEDULE BY THE CITY
COMMISSION UPON THE RECOMMENDATION OF THE DIRECTOR OF
BUILDING /ZONING AND COMMUNITY DEVELOPMENT; PROVIDING
FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, under the existing Section 20 -3.3 C (5) of the
Permitted Use Schedule only those uses of land set forth in the
Schedule are permitted and any other proposed use has heretofore
required a complete amendment of the Land Development Code,
including first reading and public hearing before the Commission,
referral to the Planning Board, and second reading before the
Commission; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for addition of new or unlisted
uses of a similar nature in a more simplified manner;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -3.3 C (5) of the Land
Development Code be, and hereby is, amended to read as follows:
(5) New or Unlisted Uses of Similar Nature.
(a) The Director of Building /Zoning and Community
Development shall consider the nature of the
proposed use, its compatibility with other uses
permitted in the various districts and determine
the zoning district or districts within which the
use should be permitted, if any.
(b) The Citv Manger shall transmit the findings and
recommendations of the Director of Building /Zoning
and Community Development for the classification
proposed for any new or unlisted use to the City
Commission for review at its next regularly
scheduled meeting.
(c) The City Commission shall approve the recommen-
dations of the Director or make such determination
concerning the classification of the new or
unlisted use as it determines appropriate.
Section 2. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
wav affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
ATTORNEY
APPROVED:
MAYOR
[�%
s Id
Applicant: Mayor and City Commissioners
Request: An ordinance of the City of South Miami, Florida,
amending section 20 -3.3 C (5) of the Land
Development Code of the City of South Miami, Florida
by providing for new or unlisted uses of a similar
nature to be added to the permitted use schedule by
the City Commission upon the recommendation of the
Director of Building /Zoning and Community
Development; providing for severability; ordinances
in conflict; and an effective date.
There being no one present to speak either for or against this
request, Public Hearing was closed and Executive Session called to
order.
Ms. Lama was called to clarify this request. She stated that this
application is intended to accommodate those requests for
occupational license uses which are very similar in nature to ones
which are presently permitted in the City Code. At this time, the
Code will have to be amended to permit these designations for those
attempting to obtain occupational licenses in the City. This
change will shorten the process by allowing those applications to
go directly to the Commission for similar use status. If the
Commission approves that request, the City can then issue
occupational licenses accordingly. This, however, does not amend
the Code. The Code would still have to be amended periodically to
include these other uses as they accumulate.
It is not required that the Building Department come to the
Planning Board with these periodic requests. The only requirement
is Commission approval. When the use is formalized and included
in the Code, there is an amendment, at which point it would begin
the formal process by coming to the Planning Board, then the
Commission. PB -91 -009 simply gives those persons not fitting into
an already listed license designation, but closely akin to that
title, a valid category under which to be licensed until such time
as they can be formally titled by Code amendment. There will be
both time and money saved by this action.
Mr.Lefley is concerned that there are no standards by which to
label these categories, for which the City might be liable. Ms.
Lama felt that it might be very difficult to set standards because,
other than the use being compatible and similar to a presently
allowed use, it would be very difficult to establish standards
without going through the whole procedure as we do now. This
happens often enough lately that a need has become apparent.
The proposed process is as follows: the City receives the request
which, if considered warranted, is forwarded to the City Manager
with the suggestion that there is a use which is compatible with
or similar to one already permitted in that district. The City
Manager would then bring it to the next Commission meeting for
approval. Should the applicant's original request be denied, it
is still possible to ask a Commissioner to sponsor the amendment
and include the denied use. This has been found to be legal based
upon the opinion of Attorney Eric Kelly, legal consultant for Mr.
James Duncan, Zoning Consultant for the City. The Board asks that
this question be passed to the City Attorney for an opinion.
Mr. Lefley made a motion to recommend the passage of the draft
ordinance with an amendment which includes standards for use in
the selection of new or unlisted uses of similar nature. Seconded
by Mr. Gutierrez.
Vote: Approved: 4
Opposed: 1
(Eisenhart)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, PROCLAIMING
SATURDAY, APRIL 27, 1991, AS ARBOR DAY IN THE
CITY OF SOUTH MIAMI, FLORIDA.
WHEREAS, The National Arbor Day Foundation, in
cooperation with the United States Forestry Service, the National
Association of State Foresters, the United States Conference of
Mayors and the National League of Cities is prepared to recognize
the towns and cities all over America who meet the standards of
the Tree City USA program; and
WHEREAS, The City of South Miami has adopted a City
Tree Ordinance and, as provided in what Ordinance, must issue. a
proclamation in observance of Arbor,Day.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Saturday, April 27, 1991, be and
hereby is designated as Arbor Day in the City of South Miami.
PASSED AND ADOPTED THIS
ATTEST:
ITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
E:1
day of , 1991.
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE TROPICAL
FLOWERING TREE SOCIETY TO DESIGN AND PLANT TROPICAL
FLOWERING TREES IN JEAN WILLIS PARK.
WHEREAS, the City of South Miami recognizes the magnificent
flowering trees which add substantially to the beauty of the
"City of Pleasant Living "; and
WHEREAS, the City of South Miami recognizes flowering trees
make people feel welcome and comfortable and add style, distinction
and a sense of quality; and
WHEREAS, The Tropical Flowering Tree Society, a national
organization, has the expertise to provide the design and planting
of a variety of flowering trees to enhance Jean Willis Park to
a level in which we can all take a great deal of pride.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission of the City
of South r � Miami, Florida, do hereby authorize the Tropical Flowering
Tree Society to design and plant tropical flowering trees in Jean
Willis Park.
PASSED AND ADOPTED this day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, PROCLAIMING
APRIL 23, 1990, AS NATIONAL YOUTH SERVICE DAY
IN THE CITY OF SOUTH MIAMI.
WHEREAS, the youth of our Nation are a valuable asset,
wb will be the future leaders of our Country, and
WHEREAS, Youth Service America, The United States
Conference of Mayors, the Campus Outreach Opportunity League, the
Jefferson Awards and the Weekly Reader will sponsor a National
Youth Service Day as a showcase for the efforts of our young
people; and.
WHEREAS, Youth Service Day will call attention to the
contributions and potential of our youth and will communicate to
business and community leaders that our Nation's future lies in
the strength and potential of our Nation's youth.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That April 23rd, 1991, be and hereby is
proclaimed as National Youth Service Day in the City of South
Miami to honor the Youth of our Nation.
PASSED AND ADEOPTED THIS day of , 19-91.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
ll/J
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CALLING FOR THE CONGRESS
OF THE UNITED STATES TO AMEND THE FAIR LABOR STANDARDS
ACT TO PERMIT PUBLIC EMPLOYERS AND CERTIFIED BARGAINING
AGENTS TO WAIVE SECTIONS 200, 207, 211 OF THE FAIR LABOR
STANDARDS ACT BY COLLECTIVE BARGAINING AGREEMENT.
WHEREAS, the United States Supreme Court, in Garcia v.
San Antonio Metropolitan Transit Authority 469 U.S. 528 (1985T,
RehIR @&o44@4 (1985), held that the Fair Labor Standards Act
( "ELBA 11) a plies to local governments; and
C q
WHEREAS, made a good faith effort
to comply with the FSLA; and
WHEREAS, preexisting arrangements in collective bargaining
agreements between local governments and their employees have
already made provision to compensate for overtime and regulate
the maximum number of hours employees may work; and
WHEREAS, local govern t employees are frequently being
double and triple compensated for because of the FLSA and
collective bargaining agreements; and _
WHEREAS, this has pi,4ced a financial hardship on local
governments and resulted in a fall for local government
employees; and
WHEREAS, t City Commission of the City of South Miami
desires to request th Congress of the United States to amend the
FLSA to relieve local go nments from this financial hardship
and eliminate the windfall to -oz-a-1— Tjuv-ernment employees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:,
Section 1. The Mayor and City Commission hereby urges the
Congress of the United States to amend the FLSA by adding the
following to FLSA, Section 213:
(k) The provisions of Section 206, 207 and 211 of
this title may be waived by a collective bargaining
agreement entered into by a Public Employer and a
certified bargaining agent.
Section 2. The Mayor and City Commission urge other
local governments to enact this resolution calling for the Congress
of the United States to amend the FLSA.
Section 3. The City Clerk is hereby directed to send
copies of this resolution, upon its adoption, to other municipalities
and to the r—L
PASSED AND ADOPTED this day of , 1991.
APPROVED: 2 wnP-C4-40
V�J
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
a
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE
PURCHASE OF AMMUNITION FOR THE POLICE DEPARTMENT,
Tt A TOTAL PRICE NOT EXCEED $3,653.75 AND PROVIDING
OR DISBURSEMENT FROM ACCOUNT NUMBER 1910 -5210.
WHEREAS, pursuant to the 1990 -91 Budget of the City of
South Miami, Florida, the Police Department of the City of South
Miami, Florida, was authorized to purchase Ammunition; and
WHEREAS, the Administration of the City of South Miami
has now obtained a cost of $3,653.75 from Oaks Wholesale pursuant
to the following governmental bid: Metro Dade #1088- 10 /91.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is hereby awarded
to Oaks Wholesale in an amount not to exceed $3,653.75 for
Ammunition.
Section 2. That the disbursement be charged to account
number 1910 -5210.
PASSED AND ADOPTED this day of 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
l�
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING
LARRY A LIGAMMARE TO THE PLANNING BOARD
WHEREAS, there currently exists a vacancy on the
Planning Board; and
WHEREAS, the Mayor and City Commission desire to fill
the existing vacancy.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That LARRY A. LIGAMMARE is hereby
appointed to the Planning Board until March, 1993, or until
a successor is appointed.
PASSED AND ADOPTED THIS day of 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
13
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING
ELSIE THORNER TO THE PLANNING BOARD
WHEREAS, there currently exists a vacancy on the
Planning Board; and
WHEREAS, the Mayor and City Commission desire to fill
the existing vacancy.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That ELSIE THORNER is hereby
appointed to the Planning Board until March, 1993, or until
a successor is appointed.
PASSED AND ADOPTED THIS day of 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
• � psi
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE CITY MANAGER TO-ENTER INTO AN
AGREEMENT WITH CORAL GABLES /SOUTH MIAMI KHOURY
LEAGUE FOR THE CONSTRUCTION OF A STORAGE BUILDING
AT THE CITY'S SOUTH MIAMI FIELD; C a-
BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and he is hereby
authorized to enter into an Agreement with Coral Gables /South
Miami Khoury League, copy of which Agreement is attached to
this Resolution, for the construction of a Storage Building
at the City's South Miami Field.
PASSED AND ADOPTED THIS day of 1991.
APPROVED:
MAYOR
ATTEST:
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF SOUTH
MIAMI AND THE CORAL GABLES /SOUTH
MIAMI KHOURY LEAGUE FOR THE
CONSTRUCTION OF A STORAGE BUILDING
IN THE CITY'S SOUTH MIAMI FIELD
THIS AGREEMENT, entered into this day of April, 1951
between the CITY OF SOUTH MIAMI, a Florida municipal corporation,
hereinafter referred to as the "City" and CORAL GABLES /SOUTH
MIAMI KHOURY LEAGUE, hereinafter referred to as the "League ";
W I T N E 3 S R T H:
WHEREAS, the City is the fee simple owner of South Miami Field at
6200 S. W. 67th Avenue, South Miami, Florida, said land
hereinafter referred to as the "Property";
WHEREAS, the League pays a fee for regular use of a portion of
the Property as an athletic field to accommodate the League's
baaeball programs; and
WHEREAS, the League wishes to aid the City's Recreation
Department to construct a storage building on the Property to
further accommodate the League's baseball program by acting as a
general contractor and supplier of certain materials and labor;
and
WHEREAS, the Mayor and the City Commission of the City of South
Miami at a public meeting of , 1991
authorized this Agreement on the terms and conditions as set
forth below as being in the best interests of the public and
serving a valid public purpose.
NOW, THEREFORE, for and in exchange of the mutual covenants
hereinafter set forth, the parties hereto do now agree as
follows:
1. The Plans attached hereto as Schedule "A" are for the
construction of a storage building on the Property as indicated
therein as to location and specifications.
2. The League will furnish the materials set forth on the
attached Schedule "B" at no coat to the city for the construction
of a storage building on the property.
3. The City will furnish the materials set forth on the
attached Schedule "C" at no cost to the League for the
construction of a storage building on the Property.
4. The construction of the said storage building shall begin no
later than 30 days from the execution of this Agreement and shall
be completed within 180 days from the date of this Agreement.
5. League agrees that the sole purpose for which it may occupy
the Property under this Agreement will be for the construction of
the storage building. The League agrees that the rights and
obligations contained in this use agreement may in no way be
utilized by the League to interfere with other City recreational
programs.
6. Any improvements to the Property, of whatever nature,
including fixtures, will to inure to the benefit of City and may
not be removed by League at the expiration of this Agreement or
any renewal hereof.
7. Throughout the term of this agreement, the City's
responsibilities to the League shall be limited only to the
furnishing of the material set forth in Schedule "C" and the
following specifically itemized matters:
8. League agrees that motor vehicle or trailer parking shall be
solely as permitted by City, and no designated parking shall be
provided to any League personnel, or other individual, business
or entity whatsoever.
9. The League shall not assign or pledge this Agreement nor
sublet all or any portion of the Property.
10. All property or items placed or moved on the Property shall
be at the sole risk of the League and the City shall not be
liable for any loss or damage to such property or items.
E
11. The League shall promptly execute and comply, at the
League's cost and expense, with all statutes, ordinances, rules,
orders, regulations and requirements of the Federal, State and
City Government and of any and all their Departments and Bureaus
applicable to the construction of said storage building on the
Property for any purpose, including but not limited to, proper
licensing for the City and County; compliance with all applicable
City and /or County Building /electrical /plumbing ordinances;
health regulations; the correction, prevention and abatement of
nuisances or other grievances; and fire prevention regarding
said Property during the term of this Agreement.
12. The prompt compliance of the conditions in paragraph 11
above for the Property and faithful observance of all conditions
of this agreement and of such other and further rules or
regulations as may be hereafter made by the City are the
conditions upon which the Agreement is made and accepted. Any
failure on the part of the League to comply with the terms of
said Agreement or any of said rules and regulations now in
existence, or which may be hereafter prescribed by the City,
shall, at the option of the City, work a forfeiture and shall
terminate this Agreement.
13. The League agrees to pay the coat of collection and
reasonable attorney's fees or any part of said amounts that may
be collected by suit. Additionally, any delinquent payments due
the City shall be assessed a ten (10 %) percent per annum interest
charge.
14. The League agrees to indemnify, defend, and hold harmless
the City from all claims, suits, actions, damages or causes of
action arising during the term of this Agreement, including
reasonable attorney's fees and costs for any personal in3ury,
including, but not limited to loss of life, or damage to
personal property sustained on the Property by the League or any
third party participating in any League activity. The League
shall maintain general liability insurance on the Property in
3
Y •
amounts of not less than Five Hundred Thousand Dollars ($500,000)
per occurrence, with the City named as an additional insured.
15. It is hereby understood and agreed that if any sign or
advertising is proposed to be used- in connection with the
Property by the League, it shall be first submitted to the City
for approval before use of same.
16. All notices under this Agreement are to be made as follows:
to the City:
Director, Recreation Department
South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33193
to the League: Mario Bustamante
9900 South Dadeland Blvd.
Suite 620
Miami, Florida 33156
17. This Agreement may not be modified, except in writing signed
by both parties.
16. The Khoury League will be allowed use of the storage room
as identified on schedule "A" to store baseball equipment for as
long as they are allowed to use the fields.
IN WITNESS WHEREOF, the parties have hereunto executed this
Agreement for the purposes expressed herein this day of
April, 1991.
Witnesses as to League:
Witnesses as to City:
DRAET NOT READ BY MARTIN DAVID BERG
a
CORAL GABLES /SOUTH MIAMI
KHOURY LEAGUE
by --
President
Attest
Secretary
CITY OF SOUTH MIAMI
by
William F. Hampton
City Manager
Attest:
Rosemary Wascura
City Clerk
(CITY
SEAL)
4 Y
CONSTRUCTION COST ESTIMATE
CORAL GABLES SOUTH MIAMI KHOURY LEAGUE
STORAGE BUILDING FOR CITY OF SOUTH MIAMI
Iq
TOTAL
SOUTH
KHOURY
COST
MIAMI
LEAGUE
FOUNDATION SAND:
$ 396.00
$ 396.00
CONCRETE:
1) FOOTERS
2) SLAB
429.00
429.00
3) TIE BEAM
660.00
416.00
660.00
4) LABOR
950.00
950.00
416.00
STEEL:
396.00
396.00
GENERAL LABOR, CLEANUP ETC. 634.00
634.00
CONCRETE BLOCK:
639.00
639.00
BLOCK LABOR:
593.00
593.00
ROOF TRUSSES:
975.00
975.00
ROOF SHEATHING:
356.00
148.00
208.00
ELECTRICAL:
1) LABOR
2) FIXTURES
525.00
525.00
330.00
330.00
ROOFING:
855.00
855.00
SECURITY DOORS & FRAMES:
396.00
396.00
GARAGE DOORS:
792.00
792.00
STUCCO:
924.00
929.00
PAINT:
396.00
396.00
OTHER SHELL MATERIALS:
409.00
409.00
WATERPROOFING:
158.00
158.00
CONTRACTOR'S EXPENSES:
950.00
950.00
ssssaaesss
a wns====
-
TOTAL COSTS:
$12,1'!$.00
$5,110.00
$7,069.00
Iq
' OF�IICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
7:30 P.M.
April 16, 1991
Next Resolution:
Next Ordinance:
Next Commission Meeting: 5 -7 -91
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations:
Items for Comission Consideration
1. City Manager's Report
2. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
3. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, 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 providing an effective date.
(Mayor and Comm. Cooper) 4/5
4. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, providing for a maximum allowable campaign
contribution of $100.00 to any one candidate by any one person;
providing for severability; ordinances in conflict; and an
effective date. (Comm. Launcelott) 3/5
5. 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
to provide for retail sale of snack foods, soft drinks, candies,
gum, cigarettes, and related items, but not alcoholic beverages,
as accessory special uses to gasoline service stations; providing
for severability; providing for ordinances in conflict; and an
effective date. (Comm. Cooper) 4/5
6. An Ordinance of the City of South Miami, Florida, amending
Chapter 4 of the City Code of Ordinances by revising the distance
requirements between restaurants and residences and between
restaurants and restaurants; revising the distances between bars/
lounges and bars /lounges and between bars /lounges and nightclubs;
providing for severability of the provisions hereof; repealing all
ordinances or parts or ordinances inconsistent herewith and providing
an effective date. (Comm. Cooper) 4/5
7. An Ordinance of the City of South Miami, Florida, amending
Section 20 -3.3 C (5) of the Land Development Code of the City of
South Miami, Florida, by providing for new or unlisted uses of a
similar nature to be added to the permitted use schedule by the
City Commission upon the recommendation of the Director of
Building and Zoning and Community Development; providing for
severability; ordinances in conflict; and an effective date.
(Mayor Mc Cann) 3/5
RESOLUTIONS FOR-PUBLIC HEARING:
NONE
OFFICIAL AGENDA
April 16, 1991
Page 2 of 3
RESOLUTIONS:
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, proclaiming Saturday, April 27th, 1991,
as Arbor Day in the City of South Miami, Florida.
(Mayor) 3/5
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the Tropical Flowering Tree
Society to design and plant tropical flowering trees in
Jean Willis Park.
(Mayor) 3/5
10. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, proclaiming Saturday, April 27th, 1991,
as National Youth Service Day in the City of South Miami.
(Mayor) 3/5
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, calling for the Congress of the United
States to amend the Fair Labor Standards Act to permit public
employers and certified bargaining agents to waive Section 200,
207 and 211 of the Fair Labor Standards Act by collective
bargaining agreement. Comm. Cooper) 3/5
12. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the purchase of Ammunition
for the Police Department for a total Price not to,:exceed
$3,653.75 and providing for disbursement from account under
1910 -5210.
(Administration) 3/5
13. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, appointing Larry Ligammare to the Planning
Board. (Mayor) 3/5
14. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, appointing Elsie Thorner to the Planning
Board. (Mayor) 3/5
15. A Resolution of the City of South Miami, Florida, authorizing
the City Manager to enter into an Agreement with Coral Gables/
South Miami Khoury League for the contruction of a storage
building at the City's South Miami Field.
Agreement Attached. (Administration) 4/5
16. A Resolution of the City of South Miami, Florida, authorizing
the City Manager to enter into an agreement with Coral Gables/
South Miami Khoury League, to replace the roof of a Recreation
Building at the City's South Miami Field.
Agreement Attached. (Administration) 4/5
17. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, to purchase turf equipment for the Recreation
Department from Lewis Equipment, Co., Inc. at a total cost of
$4,500 from Government Bid No. 90 -47, to be paid from Account No.
2000 -6430 entitled; Recreation: Equipment- Operating.
(Administration) 4/5
18. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, to purchase a tractor for the Recreation
Department from Ford New Holland, at a total cost of $8,066 from
State of Florida Bid '765= 900 -90 -1, to be paid from Account No.
1710 -4670 entitled: Public Works Maintenance and Repair- Grounds/
Structure.
(Administration) 4/5
r
OFFICIAL AGENDA
April 16, 1991
Page 3 of 3
NONE
REMARKS:
1. Linda Werner, At Ease, 5844 Sunset Drive, to address the
City Commission regarding fines received for alarms that
were determined, by the City, to be "false"
2. Signs Inc, letter dated April 9, 1991 in reference to
the decision of the ERPB on the Harlee Center Sign.
Copy of letter attached.
Your are hereby advised that if any person desires to appeal any
decision with respect to any matter considered at this meeting or
hearing, such person will need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
ORDINANCE NO.
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 EOUIPMENT
THEREON AND THEREUNDER; PROVIDING FOR A TERM OF FIFTEEN
(15) YEARS; PROVIDING FOR A FEE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Southern Bell Telephone and Telegraph Company
(hereinafter called "Company ") desires to renew its franchise
with the Citv of South Miami (hereinafter called "City ") for use
of public streets in the transaction of its business; and
WHEREAS, the City Administration recommends the permission
being granted pursuant to the authority of Section 362.01 Florida
Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Companv, is herebv granted non-
exclusive permission for use of City right -of -ways upon the
following terms and conditions.
Section 2. The Company, its successors and assigns, is
herebv granted permission to construct, maintain and ooerate
lines of telephone and telegraph equipment, including the
necessary Doles. conduits, cables. electrical conductors and
fiber optics and digital technology fixtures upon, along, under
and over the public roads. streets. hiahways, and right of way of
the Citv of South Miami, Florida, as its business may from time
to time require. orovided that all poles shall be neat,
svmmetrical, plumb and true; provided that no utility work,
described above or otherwise allowed pursuant to the franchise
aranted herein. shall be installed, located or relocated without
approval of the Environmental Review and Preservation Board and a
written hermit issued by the City; and further provided that
annuallv the Citv shall furnish the Companv with a list of anv
rt
r
ORDINANCE NO.
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 EOUIPMENT
THEREON AND THEREUNDER; PROVIDING FOR A TERM OF FIFTEEN
(15) YEARS; PROVIDING FOR A FEE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Southern Bell Telephone and Telegraph Company
(hereinafter called "Company ") desires to renew its franchise
with the Citv of South Miami (hereinafter called "City ") for use
of public streets in the transaction of its business; and
WHEREAS, the City Administration recommends the permission
being granted pursuant to the authority of Section 362.01 Florida
Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Companv, is herebv granted non-
exclusive permission for use of City right -of -ways upon the
following terms and conditions.
Section 2. The Company, its successors and assigns, is
herebv granted permission to construct, maintain and ooerate
lines of telephone and telegraph equipment, including the
necessary Doles. conduits, cables. electrical conductors and
fiber optics and digital technology fixtures upon, along, under
and over the public roads. streets. hiahways, and right of way of
the Citv of South Miami, Florida, as its business may from time
to time require. orovided that all poles shall be neat,
svmmetrical, plumb and true; provided that no utility work,
described above or otherwise allowed pursuant to the franchise
aranted herein. shall be installed, located or relocated without
approval of the Environmental Review and Preservation Board and a
written hermit issued by the City; and further provided that
annuallv the Citv shall furnish the Companv with a list of anv
r
r
equipment which the City has determined to be not in compliance
with the franchise granted herein, whereupon the Company shall
repair /renovate such equipment within 60 days.
Section 3. The work allowed under this franchise shall be
done sublect to the supervision of the City, and the Companv
shall replace or properly relav and repair anv sidewalk, street
sod, landscaping, or other improvement that may be displaced by
reason of such work, and upon failure of the Company so to do,
after twenty (20) days notice in writing given by the City
Manager to the Company, the City may repair anything that may
have been disturbed by the Company, and collect the cost so
incurred from the Companv.
Section 4. In consideration of the rights and privileges
herein granted, the Company shall pay to the City annually a sum
equal to one percent (1%) of the gross receipts of the Company on
recurring local service revenues for services provided within the
corporate limits of the City by the Companv, provided that there
shall be credited against such sum the amount of all taxes,
licenses, fees and other impositions (except ad valorem taxes
and amounts for assessments for special benefits, such as
sidewalks, street pavings and similar improvements, and
occupational license taxes) levied or imposed by the Citv upon
the Companv and paid during the preceding fiscal vear as defined
herein.
oavment shall be made to the City for each of the years that this
Ordinance is in effect and shall be based on the receipts of the
( "omoanv of the fiscal vear. For the purposes of this payment,
;uch fiscal year shall end on December 31st. The annual payment
..hall be made to the Citv in four (4) installments. The first,
second and third installments of the annual oavment shall be
eased Moon such aross receipts for the first. second and third
-quarters. resoectiveiv of the fiscal vear and shall be made on or
before three (3) months followina the end of these periods. The
fourrh installment of the annual oavment shall be made on or
3 2
before three (3) months following the end of such fiscal _year,
shall be based uoon such gross receipts for the fiscal year but
shall be adjusted to reflect pavment of the first three (3)
installments. However. the first annual pavment shall be made in
one lump pavment on or before three (3) months subseauent to the
passage of this Ordinance (if accepted by the Company) and shall
be based upon revenues for the fiscal year ending December 31,
1989 and shall be for the permission year April 21, 1989 through
April 20, 1990.
Section 5. If the Citv wishes to verify the pavments to
the Citv under this Ordinance, the Company shall permit the City
or a desianated representative of the City, upon reasonable
advance written notice, to review the Company's billing and...
payment records, upon which the payments were based, during
normal business hours at the location of the Companv where such
records are maintained. However, no Company records may be
duplicated or taken from the Company's premises, and the City
shall maintain the confidentiality of the information disclosed
in these records and use the information solelv for the purposes
of verifvina pavments by the Companv, except as may be provided
by the Federal and State public records law.
Section 6. The Companv shall install underground
extensions of telephone distribution lines in all new residential
construction over rive units in new subdivisions: all new
commercial construction over 10,000 square feet: and all
commercial rehabilitation construction over 157000 square feet
whenever the cost of the rehabilitation exceeds 50% of the
.,assessed value of the land and buildina. All such installations
will be in accordance with and subject to the requirements of the
aonlicable statues, the Florida Public Service Commission Rules
And Regulations. the South Florida Building Code, and the City of
, ;mouth Miami Comprehensive Master Plan.
Section 7. The Company shall indemnifv the City against,
and assume all liabilities for damages which may arise or accrue
3
r"
r
y
before three (3) months following the end of such fiscal _year,
shall be based uoon such gross receipts for the fiscal year but
shall be adjusted to reflect pavment of the first three (3)
installments. However. the first annual pavment shall be made in
one lump pavment on or before three (3) months subseauent to the
passage of this Ordinance (if accepted by the Company) and shall
be based upon revenues for the fiscal year ending December 31,
1989 and shall be for the permission year April 21, 1989 through
April 20, 1990.
Section 5. If the Citv wishes to verify the pavments to
the Citv under this Ordinance, the Company shall permit the City
or a desianated representative of the City, upon reasonable
advance written notice, to review the Company's billing and...
payment records, upon which the payments were based, during
normal business hours at the location of the Companv where such
records are maintained. However, no Company records may be
duplicated or taken from the Company's premises, and the City
shall maintain the confidentiality of the information disclosed
in these records and use the information solelv for the purposes
of verifvina pavments by the Companv, except as may be provided
by the Federal and State public records law.
Section 6. The Companv shall install underground
extensions of telephone distribution lines in all new residential
construction over rive units in new subdivisions: all new
commercial construction over 10,000 square feet: and all
commercial rehabilitation construction over 157000 square feet
whenever the cost of the rehabilitation exceeds 50% of the
.,assessed value of the land and buildina. All such installations
will be in accordance with and subject to the requirements of the
aonlicable statues, the Florida Public Service Commission Rules
And Regulations. the South Florida Building Code, and the City of
, ;mouth Miami Comprehensive Master Plan.
Section 7. The Company shall indemnifv the City against,
and assume all liabilities for damages which may arise or accrue
3
r^
r
to the Citv for an inlury to oersons or oronerty from the Going
of anv work herein authorized, or the neglect of the Company or
anv of its employees to comoly with anv Ordinance regulating the
use of the streets of the City, and the acceptance by the Company
of this Ordinance shall be an agreement by it to oav to the City
anv sum of monev for which the City may become liable from or by
reason of such injury.
Section 8. Nothing in this Ordinance shall be construed as
a surrender by the City of its right or power to pass Ordinances
reaulating the use of its streets, rights -of -way or granting
similar agreements.
Section 9. The Company shall file with the City its.
acceptance of this Ordinance within sixty (60) days from the date
of its final passage; otherwise, this Ordinance shall thereupon
become null and void.
Section 10. The permission granted by this Ordinance, if
accented by the Companv, shall be in force and effect for a term
of fifteen (15) years from and after April 21, 1989.
Section 11. Anv failure of the Companv to abide by any
provision of this Franchise may result in the Citv causing this
Franchise Agreement to be null and void.
Section 12. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by anv
court of competent jurisdiction, then said holding shall in no
wav affect the validity of the remaining portions of this
Ordinance.
3
Section 13. All Ordinances or parts of Ordinances in
4
r-
conflict herewith be and the same are herebv repealed.
PASSED AND ADOPTED this th day of , 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
3
APPROVED:
MAYOR
5
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: PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE
DATE.
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 Countv Home Rule
Amendment and Charter . . . ., -.
and;
WHEREAS, State 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 anv
candidate or political committee in this state, for any
election , in excess of the following amounts: . . .
(a) To a candidate for countywide office or to a
candidate in any election conducted on less than a
countywide basis, S 1,000.
and:
WHEREAS. the Mayor and Citv Commission of the City of South
Miami. Florida wish to reduce the maximum campaign contribution
amount to S 100.00 oer candidate in order to reduce total
campaign income. reducing total campaign expenditures and thus
orovidina greater opportunity for all citizens to aspire to
oubiic office.:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA:
Section 1. That no person, committee, corporation, or
other entity shall make contributions to anv candidate or
Y
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: PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE
DATE.
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 Countv Home Rule
Amendment and Charter . . . ., -.
and;
WHEREAS, State 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 anv
candidate or political committee in this state, for any
election , in excess of the following amounts: . . .
(a) To a candidate for countywide office or to a
candidate in any election conducted on less than a
countywide basis, S 1,000.
and:
WHEREAS. the Mayor and Citv Commission of the City of South
Miami. Florida wish to reduce the maximum campaign contribution
amount to S 100.00 oer candidate in order to reduce total
campaign income. reducing total campaign expenditures and thus
orovidina greater opportunity for all citizens to aspire to
oubiic office.:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA:
Section 1. That no person, committee, corporation, or
other entity shall make contributions to anv candidate or
oolitical committee for anv commission seat in the Citv of South
Miami. Florida in excess of S 100.00 per candidate.
Section 2. If anv section. clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by anv
court of competent -jurisdiction. then said holding shall in no
wav affect the validity of the remaining oortions of this
Ordinance.
Section 3. All Ordinances or Darts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its Dassaae.
PASSED AND ADOPTED this th day of April, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
: "TTY ATTORNEY
APPROVED:
MAYOR
2
ORDINANCE N0.�_,,___�_�___.._
AN (.tkl'iINANCF i)F THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING AUBSEC'TTON (5) OF SECTION 20 -3.4 (B) OF THE
LANs► DEVEI- OPMENT 000E GF THE CITY OF SOUTH MIAMI.
FI.Cjklr)A RY hDL11I40' A SUBSRCTION to TO PROVIDE FOR RETAIL
SALE OF SNACK FOOD:-, SOFT DRINKB,.CANDIRS, GUM,
CT(.AkETTES, AND k2LATED ITEMS, BUT NOT ALCOHOLIC
ARVEkAGES. AS ACCESSukY SPECIAL USES TO GASOLINE
SERVICE STATIONS; DROV1DING FOR SEVERABILITY; PROVIDING
FOR ORDINANCE IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule: and
WHEREAS, there presently does not exist a permitted use for
the retail sale of snack foods, soft drinks, candies, gum,
r_inarettes, and related items, but not alcoholic beverages, as an
accessory spec -ial use to gasoline service stations in the
permitted use schedule; and
WHEREAS, the Mayor. and City Commission wish to amend the
Land Development Code to provide i:or the retail sale of snack
fonds, soft drinks, candienp gum, cigarettes, and related items,
but not alcoholic beverages, as an accessory special use to
gasoline service stations In -the permitted use schedule;
NOW, THEREFORE, BE TT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
$eci}_nn_1. Section 20 -3.4 (B) of the Land Development
Code be, and the same is, hereby amended to add the following
subpArts to submectiun 5:
(5) GASOLINE SERVICE STATION
m. The retail :sale of snack foods, soft drinks, candies,
aum, cigarettes, and related items, but not alcoholic
beverages, is permitted as an accessory use to gasoline
service stations.
Section 4. 1f anv section, ciauFP, sentence or phrase of
this Ordinance is held to be Invalid or unconstitutional by any
court of romoe3tenr. Jurisdiction, then said holding shall in no
wary affect the Validity of the remaininq portions rjf this
w
Ordinance.
,,'3lction _, All ��rdinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
;aecVAon. „h. This Ordinance shall take effect immediately at
the time of its Dassage .
PASSED AND ADOPTED this _th day of 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK�_�
REAP AND APPROVED AS TO FORM: r
CITY NI'7
2
r
w
G
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
retail sale of snack foods, soft drinks, candies,
gum, cigarettes, and related items, but not
alcoholic beverages, as Accessory Special Uses to
Gasoline Service Stations; providing for
severability; providing for ordinances in conflict;
and an effective date.
Chairman Ligammare opens the Public Hearing. Mr. Felix Gonzalez,
owner of the Chevron Station located at 6201 Sunset Dr., signed in
to speak for the request, stating that the vending machines used
in the past have been vandalized as often as two to three times a
month. They have remodeled the station to allow for inside sales
of the items listed in the request.
There being no one to speak against the proposed ordinance, the
Public Hearing was closed and Executive Session in order.
Mr. Eisenhart stated that the exclusion of alcoholic beverages
would allow competitors of these operators to have an unfair
advantage. Mr. Ligammare and Mr. Parr disagreed.
Mr. Parr made a motion to approve PB =91 -008 as written. Seconded
by Mr. Lefley,
Vote: Approved: 4 Opposed: 1
(Eisenhart)
s
z'
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH r!IAHI. rLORIDA, AFIENDING
C1IAPTFR 4 OF THE CITY CODE OF ORDIVANCF.S BY REVISII*,C THE
DISTANCE REQUIREMENTS BETWEEN RESTAURANTS AND RESIDENCES AND
BETS ?EE:' RESTAURANTS AND RESTAURANTS; REVISING THE CISTANCES
BETWEEN BARS /LOUNGES AND EARS /LOUNGES AND BETWEEN
CAPS /LOU11GES AND NIGHTCLUBS: PROVIDING FOR SEVFRABILITY OF
THE PROVISIONS HEREOF, REPEALING ALL ORDINANCES OR PARTS OR
ORDINANCES INCONSISTENT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City has established, pursuant to Chapter 4 of
the Code of Ordinances of the City of South Miami rules and
regulations regarding sale of alcoholic beverages within the
City; and
WHEREAS, the Mayor and City Commission wish to amend
specific sections of said Chapter in order to address distance
requirements between specified licensed establishments.
NOV., THEREFORE, BE IT RESOLVED BY THE HAYOR AND CITY
COMMISSION OF THE CITY OF SOUT1: MAIII, FLORIDA:
Section 1. That Section 4- 2(a)(3), Distance Requirements,
be and the same is hereby amended as follows:
No premises shall be used for the sale of alcoholic
beverages where the proposed licensed establishment is located
less than the distance in feet from another usage indicated in
the following chart:
(GROCERY STORE 1 0 ,
I SUPER ARKETS ; 0 ' 1
I
(PACKAGE STORES 500' '500'
jGIPT BASKETS
IMMCONrORMING USES
w
I
I
I
I
W
`
{
V;
I z
SPACING
j z 14
z z
z
Q
y
x l
y
REQUIRED
I _
z =
=
II
z
y
..
V -�
< \
F
61
I
<
I r
O
J
Z
V 5 I
x <
C
<
Z
j RESTAURANTS
I
300 0' 13001
1 300 1 1
300'
I
IMR /LOUNGE
500' 1 500'
i 500' 1 500' I
500' I
j
INIGBTCLUB
$00' +500'
+ 3001300'1
30-10 I
(GROCERY STORE 1 0 ,
I SUPER ARKETS ; 0 ' 1
I
(PACKAGE STORES 500' '500'
jGIPT BASKETS
IMMCONrORMING USES
w
Section 2. That if any section, clause. sentence or phrase
of this ordinance is held to he invalid-or unconstitutional by
anv court of competent jurisdiction. then said holding shall in
no way affect the validity of the reT- wining portions of this
ordinance.
Section 3. All ordinances or parrs of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOP'T'ED this day of , 19 n0.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I '0�
APPROVED:
E!AY0R
•
r
a
Section 2. That if any section, clause. sentence or phrase
of this ordinance is held to he invalid-or unconstitutional by
anv court of competent jurisdiction. then said holding shall in
no way affect the validity of the reT- wining portions of this
ordinance.
Section 3. All ordinances or parrs of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOP'T'ED this day of , 19 n0.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I '0�
APPROVED:
E!AY0R
•
CITY COIIVISSIC "I 1101711SPOP
MARCII 12, 1951
A workshop session was held on "arch 12. 1991, at 7:3C F'' in
the Conference Foom at South ''iami Cite '.fall to discuss distance
requirements for restaurants in tFe Specialty Retail
District /Fesidential Districts of the Comprehensive Plan and the
Specialty retail in the zoning ordinance.
Those in attendance were: "ayor McCann, Vice- flavor Carver,
Ccmr.issioner Launcelott, Corrissioner Banks and Cone issioner
Cooper. Also in attendance were: City I!anager Hampton,
Comprehensive Flan Consultant Swarthout, Euileing, Zoning &
Community P,evelopr..ent Director Lara and Assistant to cl•e Clerk
Cladys Villar.
''r. Swarthout c'istributed to the Commission, and reviewed, a
memorandum he had prepared addressing Pestaurants in the
Specialty retail District (attached for reference). He explained
that they have done a field survey with the intent to determine
whether there right 1•e, now or in the future, so zany restaurants
that they would thwart the basic concept of the Comprehensive
Plan wit}: regard to Specialty serail /Fesidential District as
designated in the Comprehensive Plan.
Fror his professional experience, ;'r. Swarthout explaired
that a certain number of restaurants are necessary in a downtown
area. Vhile the restaurants are c'esiral:le, especially where
there is not a r:ajor anchor store, it is not desirable to have so
many that they 'squeeze' out ocher retail functions.
r. Swarthout referred to the riap attached to Isis i- erorandum
citin£ eifrerent areas for the Corriss ion. ►!e explained that he
Fas highlitlited next to those uses I•e does not feel holonr in the
Specialty P.etail corridor and reviewed ways to regulate
restaurants in this Specialty P.etail /residential area.
Discussion was with regard to establishments serving
alcoholic `•everages. 1•Ir. Swarthout also spoke about preserving
the Speciality retail /''esider.tial !:y lir - icing restaurants.
Vice- `!ayor Carver noted that a proposed shopping center may
contain 2CC retail stores, including some on the street level.
Zc would seer, to F!im good retailers ray shy away from Sunset
^rive !ocation with the ccr.-peticior from a large retail center.
1!e would like to see office use approved as a feasible
alternative - even 1icvcle sales.
r`
CITY COIIVISSIC "I 1101711SPOP
MARCII 12, 1951
A workshop session was held on "arch 12. 1991, at 7:3C F'' in
the Conference Foom at South ''iami Cite '.fall to discuss distance
requirements for restaurants in tFe Specialty Retail
District /Fesidential Districts of the Comprehensive Plan and the
Specialty retail in the zoning ordinance.
Those in attendance were: "ayor McCann, Vice- flavor Carver,
Ccmr.issioner Launcelott, Corrissioner Banks and Cone issioner
Cooper. Also in attendance were: City I!anager Hampton,
Comprehensive Flan Consultant Swarthout, Euileing, Zoning &
Community P,evelopr..ent Director Lara and Assistant to cl•e Clerk
Cladys Villar.
''r. Swarthout c'istributed to the Commission, and reviewed, a
memorandum he had prepared addressing Pestaurants in the
Specialty retail District (attached for reference). He explained
that they have done a field survey with the intent to determine
whether there right 1•e, now or in the future, so zany restaurants
that they would thwart the basic concept of the Comprehensive
Plan wit}: regard to Specialty serail /Fesidential District as
designated in the Comprehensive Plan.
Fror his professional experience, ;'r. Swarthout explaired
that a certain number of restaurants are necessary in a downtown
area. Vhile the restaurants are c'esiral:le, especially where
there is not a r:ajor anchor store, it is not desirable to have so
many that they 'squeeze' out ocher retail functions.
r. Swarthout referred to the riap attached to Isis i- erorandum
citin£ eifrerent areas for the Corriss ion. ►!e explained that he
Fas highlitlited next to those uses I•e does not feel holonr in the
Specialty P.etail corridor and reviewed ways to regulate
restaurants in this Specialty P.etail /residential area.
Discussion was with regard to establishments serving
alcoholic `•everages. 1•Ir. Swarthout also spoke about preserving
the Speciality retail /''esider.tial !:y lir - icing restaurants.
Vice- `!ayor Carver noted that a proposed shopping center may
contain 2CC retail stores, including some on the street level.
Zc would seer, to F!im good retailers ray shy away from Sunset
^rive !ocation with the ccr.-peticior from a large retail center.
1!e would like to see office use approved as a feasible
alternative - even 1icvcle sales.
Xr. Swarchout explained that whatever is there not can
ultimately he changed based on what is approved for the slopping
center site.
,:avor '.'cCar.n expressed concern that, with an additional one
or two restaurants operating at real:. there could be parking
probler..s. This has baprened in the past, and she would like to
worl: toward anticipating any problems that ray manifest
cher..selves.
lir. Swarthout stated that it is his opinion that all
enterprises do not have to have parking on -site as different
businesses have clients at different times.
Naycr 'IcCann stated that it would be interesting to see the
police reports for areas where ratrons left the establishrents
and went to off -site parking.
Vice- '.:ayor Carver stated that there may Fe r..echar,isr-s to use
shared parking and noted that there is a difference between bars
and restaurants and restaurants that };ave solely table service
and serve alcoholic beverages with the real.
P'ayor suggested Foir.g throurh ordinance and change "F "'s to
"S "'s where there are types of businesses that the Commission
would like to regulate.
Cor,.r..issioner Cooper referred to the provision l-y "r.
Swarchout so that one activity (business) can take up only 1/5 of
retail frontage a Clock for a depth of 50 feet. 1`ayor 2'cCann
said would the sane provision also apply to hanks or any business
that is in surplus.
`:r. Swarthouc said he would prefer percentages rather than
distancing. with regard to number and types of restaurants. `tayor
?'cCanr. noted tt•at this ccu1e 'be done by ordinance, but tI;c
Corr..ission would then have to rake provisions for trand fathering
in those existinF and a set of special conditions.
Further discussion tool: place with regard to offices and
uses that would he perritted on a second floor and the number of
iters that require special uses. Vr. Swarchout said this can be
done wits' percentages or write out the use as rerritted or. the
first floor. mayor - cCanr su ggested design atinp this by r
(perr..itted) with a _^ rext to it showing. it is perritted on the
second floor.
Vice - ?'aynr Carver said that if rbe City does not have a
proF ler.. now, wher, the City does not 'now what will haFpen with
the r ?'P area, is ,rerature and the situation can }•c ronitored.
T'rie Cor.rission is now speakir only of the distances Fetween
restaurants without discouraging uses that tl•.e City r..av cant ct a
later time.
LA
r'
r
Xr. Swarchout explained that whatever is there not can
ultimately he changed based on what is approved for the slopping
center site.
,:avor '.'cCar.n expressed concern that, with an additional one
or two restaurants operating at real:. there could be parking
probler..s. This has baprened in the past, and she would like to
worl: toward anticipating any problems that ray manifest
cher..selves.
lir. Swarthout stated that it is his opinion that all
enterprises do not have to have parking on -site as different
businesses have clients at different times.
Naycr 'IcCann stated that it would be interesting to see the
police reports for areas where ratrons left the establishrents
and went to off -site parking.
Vice- '.:ayor Carver stated that there may Fe r..echar,isr-s to use
shared parking and noted that there is a difference between bars
and restaurants and restaurants that };ave solely table service
and serve alcoholic beverages with the real.
P'ayor suggested Foir.g throurh ordinance and change "F "'s to
"S "'s where there are types of businesses that the Commission
would like to regulate.
Cor,.r..issioner Cooper referred to the provision l-y "r.
Swarchout so that one activity (business) can take up only 1/5 of
retail frontage a Clock for a depth of 50 feet. 1`ayor 2'cCann
said would the sane provision also apply to hanks or any business
that is in surplus.
`:r. Swarthouc said he would prefer percentages rather than
distancing. with regard to number and types of restaurants. `tayor
?'cCanr. noted tt•at this ccu1e 'be done by ordinance, but tI;c
Corr..ission would then have to rake provisions for trand fathering
in those existinF and a set of special conditions.
Further discussion tool: place with regard to offices and
uses that would he perritted on a second floor and the number of
iters that require special uses. Vr. Swarchout said this can be
done wits' percentages or write out the use as rerritted or. the
first floor. mayor - cCanr su ggested design atinp this by r
(perr..itted) with a _^ rext to it showing. it is perritted on the
second floor.
Vice - ?'aynr Carver said that if rbe City does not have a
proF ler.. now, wher, the City does not 'now what will haFpen with
the r ?'P area, is ,rerature and the situation can }•c ronitored.
T'rie Cor.rission is now speakir only of the distances Fetween
restaurants without discouraging uses that tl•.e City r..av cant ct a
later time.
LA
0
Commissioner Cooper stated that the restaurant issue needs
to to addressed now and if the City uses the percentage item, a
percentage needs to be used for all. Vice- '!ayor Carver
suggested using distance now, and percentages when there are more
iter to address later.
:laycr P'cCann said tFe changes to percentage may take a
period of time and the Carrission may want to start planning for
this now. She prefers percentages over distances except when
planning the distance for those serving alcoholic beverages in
cheir.relationship to residences.
Vice- ?!avor Carver noted the difference between bars and
establishments with sit down service.
Corrissioner Cooper sug €estee that the items he put into the
fore of an ordinance so the Cor:r..ission may consider it. 'Mayor
VcCann asked Xr. Swarthout to prepare the ordinance with the 2C
figure they have discussed and have each Comr.�issioner give their
input.. Comrissioner Cooper asked ?!s. Lama to 'test' out one
area, such as the area of JJ's to see how the figures line up.
Vice -Vayor Carver said that the City may '.:e spending money
when it is not necessary when the plans For the proposed Fakery
Centre are not known. Also, there should he sore consideration,
given to the fact that :'r. Swarthout is present at the reetings
at a substantial cost to the City without rrior discussion and
approval of the expenditure.
Vice -Vayor Carver objected to the City's police Oepartr.ent
deliverinh notices of workshops, at the last rinute, when the
notices could Fe prepared in advance and included in the regular
packets.
'fl;e r.eetir.r adjourned at �:I S PM.
a -
ROBE u K SWARTHouT, INCORPORATED city planning consultants
400 South Dixie Highway, Suite 121
Boca Raton, Florida 33432 -6023
(407) 392 -5800
(305) 467 -5800
March 12, 1991
Mayor and City Commission
City of South Miami
6130 Sunset Drive
South Miami, Florida 33131
SUBJECT: Restaurants in the Specialty Retail District
Dear Mayor and Commissioners:
This letter reports on our field analysis of restaurants in the portion of the
City designated as Specialty Retail/Residential in the Comprehensive Plan
and Specialty Retail in the zoning ordinance.
Our field survey was conducted with the intent of determining whether or
not there might be, either now or in the future, so many restaurants that
they would thwart the basic intent of the Specialty Retail/Residential
Comprehensive Plan designation. We expected to draft appropriate
regulations to address any present problem or potential future problem.
From our professional experience we believe that a certain number of
restaurants are important draws for any "downtown" which lacks a major
retail anchor, as is the case in South Miami. However, it is not desirable
that there be so many restaurants that they squeeze out other retail
functions. We are unaware of any magic percentage below which there are
too few restaurants and above which there are too many. The specialized
professional literature might be able to suggest such a percentage. We did
not do a thorough search of such literature as we thought the prospects of
learning something definitive from it would be small in comparison to the
amount of professional time that would have to be invested.
The results of our field survey are sketched on the attached map;
restaurants and restaurant buildings, both occupied and vacant, within the
Specialty Retail District are indicated with a black dot and a
number. It is our belief that there are not now too many restaurants. Nor
would there be too many if the presently vacant buildings and store fronts
which once housed restaurants were to again house restaurants. Indeed,
we think that some growth in the number of restaurants could be desirable,
particularly if such growth occurred away from those block faces fronting
directly on Sunset Drive.
Sri'
Mayor and Commissioners
City of South Miami
March 12, 1990
Page 2
Any restrictions on restaurants which are designed to protect or enhance
the Specialty Retail/Residential concept should be applied to other uses
which might also have a negative impact on this concept. This is necessary
to meet court imposed standards of reasonableness and equal protection.
Accordingly, we thought it important to give consideration to all of the uses
which the Zoning Ordinance permits in the Specialty Retail category. We
found many which we thought would be equally or more detrimental to the
Specialty Retail concept than restaurants are likely to be. These uses are
designated with a black dot and a heavy bold underline in the attached
photo copy of pages 40 through 44 of the South Miami Zoning Ordinance.
Uses which we think are clearly compatible with the Specialty Retail
concept are designated with a heavy black circle.
We think there is reason to tailor different regulations for those blocks
which front on Sunset from those which do not front on Sunset. On those
blocks which front directly on Sunset Drive, Specialty Retail is a land use
pattern that already exists; it is to be protected and enhanced by the
Comprehensive Plan and Zoning Ordinance. On those blocks which do not
front directly on Sunset Drive, Specialty Retail/Residential is a land use
pattern that is hoped for and is to be promoted by the Comprehensive Plan
and Zoning Ordinance; it is not a condition which actually exists at the
present time.
There are probably many helpful ways to regulate restaurants and other
uses which are potentially incompatible with the Specialty Retail
Residential concept. We suggest the following set of these possibilities:
1. Create a new overlay district shown with a dashed line on the
attached map. This can be called the Specialty Retail Core Overlay
District.
2. Within the Specialty Retail Core Overlay District, permit
restaurants by right so long as the sum total of all restaurants on
any given Sunset Drive block face does not exceed 20 percent of the
retail frontage on the block face for a depth of 50 feet.
3. Permit additional restaurants in the overlay district as a special
land use. The most important standard for granting or denying
special use approval should be a finding based on substantial and
competent facts that the specific restaurant in question will
enhance the Specialty Retail concept. A large new quality
restaurant instead of the bank at Sunset Drive and 57th Court
might well enhance the Specialty Retail concept. A large new
restaurant in place of the retail shops east of 57th Court would
likely not.
Mayor and Commissioners
City of South Miami
March 12, 1990
Page 3
4. Permit certain types of restaurants, particularly medium- and low -
turnover restaurants, by right and without special use conditions
outside the core of the Specialty Retail District. It seems to us that
such restaurants outside the Sunset Drive core would be an asset,
at least for the immediate future. When the Specialty Retail land
use pattern begins to expand to the full extent envisioned by the
Comprehensive Plan, a different restaurant policy might be in
order.
5. Prohibit or make special uses many or all of the uses designated
with the black dot on the attached copies of pages 40 -44 of the Zoning
Ordinance. Some of these uses could be treated more permissively
outside the Core Overlay District than in it.
We do not believe that these suggestions need be the last word. We would be
happy to consider any other suggestions which might come from the
Planning Department, the Planning Board, the Commission or the public.
Yours truly,
ROBERT M SWARTHOUT, INCORPORATED
Robert K. Swarthout, AICP
RKS:tb
a
I
r`
J
;a o�
V NJ
o' J9.
Yl r
�fu /off
�. soon
-
,
Z 1 f r4l,
! � I
v
r
y
o I �
H
•.
T
�
v
C
ru S
m
y
.,
Q
.,
lIJ
Iv 41V g_57"
r
`l O 1� 4 8S- tit S
r
y
I
' � � . I ♦ ' ' I 1 V J ' 6 � I I 1 � _
TI1''�TI
-i I � I- r �• r, a ,a4,,/ I
.L -- I rte• • :� ,� .Gy 't A4
W ' f. ..
' I
C r' iVial� „I•I)Ir
o
mss;
P
lIJ
USE TYPE
Section 20- 3.3(D)
PEI:2MSTTED USE SCHEDUZ,E
P = PERMITTED BY RIGHT; S - PERMITTED AS SPECIAL USE
CONDS = SPECIAL USE CONDITIONS (SEE SECTION 20 -3.4)
PARKG = PARKING REQUIREMENTS (SEE SECTION 20- 4.4(B)]
ZONING DISTRICT
C P
R R R R R R R R R L M N S G I H P P 0 A
S S S S T T M M 0 0 0 R R R I R N R
1 2 3 4 6 9 1 2 D K
8 4 S G
PLANNED UNIT DEVELOPMENT `
RESIDENTIAL USES
Dwelling, Single- family
Dwelling, Townhouse
Dwelling. Two�Family
Dwelling, Multi - Family
Community Resid Home (6 or less)
Community Resid Home (7 or :Wore)
PUBLIC AND INSTITUTIONAL USES
Adult C,o�cregate Living Facility Church, Temple or Synagogue
conyalagnpnt Ho e
ay Care Center(7 or more chidren)
Fraternal organization or
or' »tp r•i �Ih
• Governmental Administration
Hospital
•
museum-, Library or Art Gallery _
i ?ark or Plavaround, Public
i sghoo•_ Elementary or Secondary'
goal _ Umcational
Social Services Agency
BUSINESS AND PROFESSIONAL SERVICES
Accessory Medical Services
An _nnrr4 -,- " k di t; na services
• Advertising Agenc
Anima Hospital or Veterinarian
Architectural Services
•�,ytomooile Parking =.ruZa;ar.A
Automob Z'e 7.anta7 Agency
Auto bile repair & Body Shop
Automobile Upholstery & Top Shop
Automobile `flashing or
Detailing operation
SISISISISISISISi4SISMSIS SISISISI 1 11 81 -i
17 1
17 2
17 31
11
1�
�1 MEN Imm
. . . . . . . . . . . . . . .
.
R.M. M. 11. INSININNI
HEE
I 1111MIEWEE
ME EMBENE
P{ i 1 11 911;
- No conditions
LAND DEVELOPMENT CODE Revised January 25, 1993 CITY OF SOUTH MIAM
40
;ection 20- 3.3(D)
ZONING DISTRICT
II r P
• R R R R R R R R
R L M N
S G I H P P
0 A
' S S S S T T M M
0 0 0 R
R I R
N R
,E TYPE 1 2 3 4 6 9 1 2
D K
8 4
S G
Sank or Savings Institution
P p
p p
11
;eauty or Barber Shop,
S S P
P P
16 11
,illiard Parlor
3owling Alley or Skating Rink
S
S
11
16
3ui1HinR rnntractors off*ce
p
p
P
p
10
:atering Services
P
11
:hironractic Office or Clinic
P
P
P
p
P
P
S
14
9
:ontractor Plant & Storage
P
:omnuter SupplipS & Service*
p
p
PIP
p
1 114
11
11 11
D
)ance, Art, Music
ar Martial ArFs—,gghcal
P
P
P
P
10
-,entist i
P
)ri,r ri aaninQ Subarari on
(no nrncessinQ)
-
S
S
P
P
P
16
11
D }
7
empiloyment Aaencz
,_=
P
p
p
P
10
Engneerina Services
p
11
P
IIP
p
p
I
p
10
�norA 1
1
S
S
P
3
17;
•int• c n=
P
P
P
P
4
interior ecorator
P
P
P
P
10
.nvestiaariv _qpr-ITirpq
P
P
P
P
P
10
p
10
MjLo ratory : Medica or genta l ,
p
p
p
P
P
19
yannrirnmar
.
I
I
p
p
p
I10
1
D
:.awn Maintenance Services
P
`11
Loan or Finance Aaenry.
1 ,
P
p
p
p
+10
p
I
et Researc.� Services
p
p
p
p
p
10
.Iedical ce
P
P
P
P
P
P
9
`f Courier Services
Mails & Skin Care (accessory)
S
16
11
Notary Public
(
P
P
p
111P
P
P
10
J` r Dr
P
P
P
9
Pest Cont ---1 Services
11PIS
P
1PIP
1
ill
Photoaraonic Studio
?�.re r ^gamin e
I
S
S
P
P
P
P
16
11
11
Planning & Zonina Consultant
I
p
p
p
p
p
10
L.'�.vu W�V"urnrn•r L;uut Revised Aucust 2I, 1990 CITY OF SOUTH MIAMI
4 1
Section 20- 3.3(D)
ZONING DISTRICT
If C
R R R R R R R R
R L M N
S G I H P P
0 A
S S S S T T M M
0 0 0 R
R R I R
N R
TSE TYPE 1 2 3 4 6 9 1 2
D K
8 4
S G
Public Rela vice
p p p
p p
10
haalo & Television Repair Shop
Real Fsta�e Aaeagy
p
it
in
roduction ic
'Seryi ce ;
PIP
P
P
11
Reupholstery•& Furniture
Repair Services
S
P
12
Stock Brokerage SQrvicos
Tailor or Seamstress
p
p
p
p
p
10
P
p
11
Telephone Answering Services
p
p
p
p
p
Tutorial-Se rvices
;
p
p
p
P
p
Ili
11
enc y P p p
p p 10
W atch and it lock Sales & Rep
p p p 11
Video Tape Rental Store p
p p p 11
RETAIL AND WHOLESALE TRADE
�lr Conditioning Sales & Services
Curio Shop
11
-Anticueor
p 11
IPIP
Parts
Automobile Dealer
Bait & Tackle Shop
S
S
? ery
P
p
11
Ucyci Sales & Serv; c gg
P
P
Pj
I
ill
Boat Dealer
or Stationery c o
I
S
v
°
1 11
I
p
3usiness Macnine Sales & Services
I
SiS
p
P
p
P
p
P
(
16
11
11
Camera & P oto EuppiV Store
Sale
C' nq or Acloarel Store
(ne�a
I
IS
(
PIPIP
11�
Consume Elecm=cs
or Music ctne
P
P
11
Dairy Products Store
p
i
D n" a mmentor nr;A 7717 s c*n;p
p p
r" otace
P
P
P
12
Drug, -Pharmacy or Sung; Store
I
I
S
S
S
S
P
P P
P
P
P
P
68
I
11
:r.37k :6w. r°.a ate»
Dati. ^.g Place (Accessory )
I
I
S S
S
P
1116
4
7
1
S
S
116
7
.To conditions
LAND DEVELOPMENT CODE Revisea Auqus= 21, lggp CITY OF SOUTH MIAMI
r -0. 42
action 20- 3.2(D)
ZONING DISTRICT
II c
•` R R R R• R R R R R L M N
S G I H P P
0 A
S S S S T T M M 0 0 0 R
R R I R
N R
E TYPE 1 2 3 4 6 9 1 2
D K
8 4
S G
a r C hnn
lorist
S
S
P
P
P
16
11
asoi 1. a Service Station
S
IP
S
S
5
11
;ccery
f t, Nove o ii:02&ia-
S
S
P
P
P
16
11
ass an d--Mirror Sales & Services
P
P
11
eavy Mactinery7ales,
Rental & Services
P
11
hnn T C
.ousehold Appliance Store
P
P
P
.omeitrni ure
I
I
ill
�,
_Store
S
S
P
P
P
16
11
,awn & Garaen Supplies
P
P
11
D
.uaaage or Leather Goods Store
P
P
p
11
,jczhti n vr11roc Store
P
P
P
11
,- c
umber & Building Materials Store
P
11
iobile Food Vendors
P
)nument Sales
,ictorcycle Dealer
S
P
9
1:L
Tewsstand
It 1.1 C: E- nnlies
S
S
S
P
P
PIPIP
P
P
1
16
116
11
11
Paint, Glass & Wallnaner Stole
P
P
p
11
Iet S3_eS or Grnomincs Services
p
p
p
11
Plant Nursery or
Plumbing Shop
P
p
;0aec4tea' Se afo d Market
p
P
p
ve r
91111111
:zpwinQ, Needlework
nor Pi a ,00da ,s ore
P
P
P
11
Store
Snortin Goods Stork
I
P
P
p
11
'Toed{ Mere a d d ca q1-n e
I
P
P
P
11
.j�dAMe�an is .4or
(Consianmenz 7`ooas�'
S
S
S
6
ill
'sed ercnanaise ITore
(Secondhand Goods)
S
S
6
iiI
.Used Merchandise Store
Vehicle Par,!:
S
611d
'Jaray t,-n p
I
I
PIPIP1
4hoiesaie Sales & Storage
I
I
I
I
P
p
!
1111
13
* see Section 15 -63. Miscellaneous nrcyisions_ South M am' ..ode of Ordinances
LAND DEVELOPMENT CODE Revised January 15, 1991 CITY OF SOUTH MIAMI
'� ' 4 3
Section 20- 3.2(D)
3E TYPE
ZONING DISTRICT
R R
R
R
R
R
R
R
R
L
M
N
S S
S
S
T
T
M
M
0
0
0
R
1 2
3
4
6
9
1
2
8
4
P
TRANSPORTATION, WAREHOUSING AND COMKUHICATIONS
3=, 'Transit or Taxi Terminal P P P 12
:oo or a ocker P 12
Storage Garage 14
Transfer & Moving Company , 14
Vehicle
Public Warehousing & Storage P 14
:4ANUFACTURING AND INTENSIVE USES
C P
G 1
H
P
P
0 A
R
111
I
R
N R
1PI
1 11
D K
141
Cabinet Making & Millwork
Food Products
S G
3=, 'Transit or Taxi Terminal P P P 12
:oo or a ocker P 12
Storage Garage 14
Transfer & Moving Company , 14
Vehicle
Public Warehousing & Storage P 14
:4ANUFACTURING AND INTENSIVE USES
LAND DEVELOPMENT CODE Revisea August 21, 1990 CITY OF SOUTH MIAMI
�"
44
I
111
1PI
1 11
141
Cabinet Making & Millwork
Food Products
P
14
tno abattoir or distillery)
Furniture & Fixtures
Machine Shop
Ornamental
D
P
P
14
14
iint & Allied Products
?tinting, Publishing
or Backbindina
IT
P1
14
Sign Painting & Lettering Shop
Stone Cutting & Processing .
Tire �J
P
P
a
14
14
14
Upholstery Shop
'.
P
LAND DEVELOPMENT CODE Revisea August 21, 1990 CITY OF SOUTH MIAMI
�"
44
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.
Chairman Ligammare declared the Public Hearing open and asked for
those present to speak either for or against this item. There
being none, the Public Hearing was closed and Executive Session
called to order.
Mr. Gutierrez asked Staff for clarification. Ms. Lama stated that
the amendment relates to the chart of distances rather than the
text. Distance requirements are only applicable to the sale of
alcoholic beverages. This is not clear as it was omitted from the
paragraph above.
Ms. Lama stated that there is only a requirement for fast food
restaurants in the Land Development Code as opposed to other
restaurants. Mr. Gutierrez asked, hypothetically, if he had a
restaurant not serving alcoholic beverages, could it be located
next to another restaurant? Ms. Lama explained that a restaurant
can be next to another restaurant. The chart presently used for
restaurants serving alcoholic beverages allows 500' in all cases
except for distances between restaurants and restaurants which is
now 3001. All others require 5001.
Mr. Ligammare felt a sense of uncertainty from the Commission
between their Workshop Minutes and this item. Ms. Lama explained
that there are two distinct issues. Addressed at the Workshop was
restaurants rather than alcoholic beverages. There are two
different issues even though they overlap. Mr. Swarthout
recommends percentages as opposed to distance requirements to
control the overall number of restaurants within the City.
• f
Mr. Lefley referred to Vice -Mayor Carver's mention of the Bakery
Center in the Workshop Minutes. Even though, as stated by Mr.
Ligammare, that the Bakery Center is a PUD, Mr. Lefley said that
other cities who have had this situation thrust upon then have had
much difficulty because of it. Mr. Lefley mentioned Bayside and
the Omni as examples where the restaurants were located next to one
another. The economic viability of these specialty centers was
based upon multiple restaurants, all having liquor licenses. The
point being that if a PUD is allowed special consideration, are
other dangers created for the rest of the Land Development Code.
Mr. Gutierrez restated his personal view that restaurants should
be unrestricted as to numbers, which would then be governed by
natural attrition.
Mr. Lefley suggested that the issue be deferred to allow time to
study the Swarthout report. Mr. Gutierrez disagreed, stating that
the natural evolution created by the permitting process would allow
for the regulation of restaurants.
Mr. Lefley noted that parking is the major concern of the City
where restaurants are concerned.
Mr. Gutierrez made a motion to amend the Ordinance of distances
required between establishments that have the sale of alcoholic
beverages as follows: keep the distance requirements as stated on
the chart between all those establishments and church, schools or
residential areas and remove or change to zero all distance
requirements between restaurants and restaurants, restaurants and
bars and lounges and night clubs. Seconded by both Mr. Parr and
Mr. Eisenhart.
Discussion: Mr. Parr asks what will be the procedure for opening
a restaurant with the passing of this motion tonight. Particularly
as pertains to overall density.
Ms.Lama explained that it would require a special use permit.
Mr. Gutierrez stated that it would depend upon the zoning of the
location. He cited PB -91 -007 on tonight's agenda as a special use
request to replace one which had expired for the same address.
Ms. Lama stated that if a restaurant were to appear before this
Board without these restrictions but the special use conditions
were met, the request would have to be approved providing all
requirements and special use conditions were met.
This is a way of limiting the number of restaurants allowed within
the City in order to control density.
Chairman Ligammare calls for a vote on the motion. To vote "yes"
is for the changes as stated by Mr. Gutierrez. A "no" vote is for
the original request.
Vote: Approve: 5 Opposed: 0
ti
w
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 20 -3.3 C (5) OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY PROVIDING
FOR NEW OR UNLISTED USES OF A SIMILAR NATURE TO BE
ADDED TO THE PERMITTED USE SCHEDULE BY THE CITY
COMMISSION UPON THE RECOMMENDATION OF THE DIRECTOR OF
BUILDING /ZONING AND COMMUNITY DEVELOPMENT; PROVIDING
FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, under the existing Section 20 -3.3 C (5) of the
Permitted Use Schedule only those uses of land set forth in the
Schedule are permitted and any other proposed use has heretofore
required a complete amendment of the Land Development Code,
including first reading and public hearing before the Commission,
referral to the Planning Board, and second reading before the
Commission; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for addition of new or unlisted
uses of a similar nature in a more simplified manner;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -3.3 C (5) of the Land
Development Code be, and hereby is, amended to read as follows:
(5) New or Unlisted Uses of Similar Nature.
(a) The Director of Building /Zoning and Community
Development shall consider the nature of the
proposed use, its compatibility with other uses
permitted in the various districts and determine
the zoning district or districts within which the
use should be permitted, if any.
(b) The Citv Manger shall transmit the findings and
recommendations of the Director of Building /Zoning
and Community Development for the classification
proposed for any new or unlisted use to the City
Commission for review at its next regularly
scheduled meeting.
(c) The City Commission shall approve the recommen-
dations of the Director or make such determination
concerning the classification of the new or
e�
unlisted use as it determines appropriate.
Section 2. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
wav affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or Darts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of 1 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Applicant: Mayor and City Commissioners
Request: An ordinance of the City of South Miami, Florida,
amending section 20 -3.3 C (5) of the Land
Development Code of the City of South Miami, Florida
by providing for new or unlisted uses of a similar
nature to be added to the permitted use schedule by
the City Commission upon the recommendation of the
Director of Building /Zoning and Community
Development; providing for severability; ordinances
in conflict; and an effective date.
There being no one present to speak either for or against this
request, Public Hearing was closed and Executive Session called to
order.
Ms. Lama was called to clarify this request. She stated that this
application is intended to accommodate those requests for
occupational license uses which are very similar in nature to ones
which are presently permitted in the City Code. At this time, the
Code will have to be amended to permit these designations for those
attempting to obtain occupational licenses in the City. This
change will shorten the process by allowing those applications to
go directly to the Commission for similar use status. If the
commission approves that request, the City can then issue
occupational licenses accordingly. This, however, does not amend
the Code. The Code would still have to be amended periodically to
include these other uses as they accumulate.
It is not required that the Building Department come to the
Planning Board with these periodic requests. The only requirement
is Commission approval. When the use is formalized and included
in the Code, there is an amendment, at which point it would begin
the formal process by coming to the Planning Board, then the
Commission. PB -91 -009 simply gives those persons not fitting into
an already listed license designation, but closely akin to that
title, a valid category under which to be licensed until such time
as they can be formally titled by Code amendment. There will be
both time and money saved by this action.
Mr.Lefley is concerned that there are no standards by which to
label these categories, for which the City might be liable. Ms.
Lama felt that it might be very difficult to set standards because,
other than the use being compatible and similar to a presently
allowed use, it would be very difficult to establish standards
without going through the whole procedure as we do now. This
happens often enough lately that a need has become apparent.
The proposed process is as follows: the City receives the request
which, if considered warranted, is forwarded to the City Manager
with the suggestion that there is a use which is compatible with
or similar to one already permitted in that district. The City
Manager would then bring it to the next Commission meeting for
approval. Should the applicant's original request be denied, it
is still possible to ask a Commissioner to sponsor the amendment
and include the denied use. This has been found to be legal based
upon the opinion of Attorney Eric Kelly, legal consultant for Mr.
James Duncan, Zoning Consultant for the City. The Board asks that
this question be passed to the City Attorney for an opinion.
Mr. Lefley made a motion to recommend the passage of the draft
ordinance with an amendment which includes standards for use in
the selection of new or unlisted uses of similar nature. Seconded
by Mr. Gutierrez.
Vote: Approved: 4 Opposed: 1
(Eisenhart)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, PROCLAIMING
SATURDAY, APRIL 27, 1991, AS ARBOR DAY IN THE
CITY OF SOUTH MIAMI, FLORIDA.
WHEREAS, The National Arbor Day Foundation, in
cooperation with the United States Forestry Service, the National
Association of State Foresters, the United States Conference of
Mayors and the National League of Cities is prepared to recognize
the towns and cities all over America who meet the standards of
the Tree City USA program; and
WHEREAS, The City of South Miami has adopted a City
Tree Ordinance and, as provided in what Ordinance, must issue-a
-proclamation in observance of Arbor,Day.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Saturday, April 27, 1991, be and
hereby is designated as Arbor Day in the City of South Miami.
PASSED AND ADOPTED THIS day of 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
0
�C1
•
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE TROPICAL
FLOWERING TREE SOCIETY TO DESIGN AND PLANT TROPICAL
FLOWERING TREES IN JEAN WILLIS PARK.
WHEREAS, the City of South Miami recognizes the magnificent
flowering trees which add substanti.ally to the beauty of the
"City of Pleasant Living "; and
WHEREAS, the City of South Miami recognizes flowering trees
make people feel welcome and comfortable and add style, distinction
and a sense of quality; and.
WHEREAS, The Tropical Flowering Tree Society, a national
organization, has the expertise to provide the design and planting
of a variety of flowering trees to enhance Jean Willis Park to
a level in which we can all take a great deal of pride.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission of the City
of South Miami, Florida, do hereby authorize the Tropical Flowering
Tree Society to design and plant tropical flowering trees in Jean
Willis Park.
PASSED AND ADOPTED this day of , 1991.
APPROVED:
RATY
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Gl
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, PROCLAIMING
APRIL 23, 1990, AS NATIONAL YOUTH SERVICE DAY
IN THE CITY OF SOUTH MIAMI.
WHEREAS, the youth of our Nation are a valuable asset,
wb will be the future leaders of our Country, and
WHEREAS, Youth Service America, The United States
Conference of Mayors, the Campus Outreach Opportunity League, the
Jefferson Awards and the Weekly Reader will sponsor a National
Youth Service Day as a showcase for the efforts of our young
people; and
WHEREAS, Youth Service Day will call attention to the
contributions and potential of our youth and will communicate to
business and community leaders that our Nation's future lies in
the strength and potential of our Nation's youth.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That April 23rd, 1991, be and hereby is
proclaimed as National Youth Service Day in the City of South
Miami to honor the Youth of our Nation.
PASSED AND ADEOPTED THIS day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
io
Section 2. The Mayor and City Commission urge other
local governments to enact this resolution calling for the Congress
of the United States to amend the FLSA.
Section 3. The City Clerk is hereby directed to send
copies of this resolution, upon its adoption, to other municipalities
and to the Congressmen and Senators of the United States.
PASSED AND ADOPTED this day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CALLING FOR THE CONGRESS
OF THE UNITED STATES TO AMEND THE FAIR LABOR STANDARDS
ACT TO PERMIT PUBLIC EMPLOYERS AND CERTIFIED BARGAINING
AGENTS TO WAIVE SECTIONS 200, 207, 211 OF THE FAIR LABOR
STANDARDS ACT BY COLLECTIVE BARGAINING AGREEMENT.
WHEREAS, t-he United States Supreme Court, in Garcia v.
San Antonio Metropolitan Transit Authority 469 U.S. 528 (1985T,
Reb'g Denited (1985), held that the Fair Labor Standards Act
( "FLSA ") applies to local governments; and
WHEREAS, local governments have made a good faith effort
to comply with the FSLA; and
WHEREAS, preexisting arrangements in collective bargaining
agreements between local governments and their employees have
already made provision to compensate for overtime and regulate
the maximum number of hours employees may work; and
WHEREAS, local government employees are frequently being
double and triple compensated for work because of the FLSA and
collective bargaining agreements; and
WHEREAS, this has placed a financial hardship on local
governments and resulted in a windfall for local government
employees; and
WHEREAS, the City Commission of the City of South Miami
desires to request the Congress of the United States to amend the
FLSA to relieve local governments from this financial hardship
and eliminate the windfall to local government employees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission hereby urges the
Congress of the United States to amend the FLSA by adding the
following to FLSA, Section 213:
(k) The provisions of Section 206, 207 and 211 of
this title may be waived by a collective bargaining
agreement entered into by a Public Employer and a
certified bargaining agent.
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE
PURCHASE OF AMMUNITION FOR THE POLICE DEPARTMENT,
OR A TOTAL PRICE NOT EXCEED $3,653.75 AND PROVIDING
FOR DISBURSEMENT FROM ACCOUNT NUMBER 1910 -5210.
WHEREAS, pursuant to the 1990 -91 Budget of the City of
South Miami, Florida, the Police Department of the City of South
Miami, Florida, was authorized to purchase Ammunition; and
WHEREAS, the Administration of the City of South Miami
has now obtained a cost of $3,653.75 from Oaks Wholesale pursuant
to the following governmental bid: Metro Dade #1088- 10/91.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is hereby awarded
to Oaks W o esa a in an amount not to exceed $3,653.75 for
Ammunition.
Section 2. That the disbursement be charged to account
number 1910 -5210.
PASSED AND ADOPTED this day of 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
/0
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING
LARRY A LIGAMMARE TO THE PLANNING BOARD
WHEREAS, there currently exists a vacancy on the
Planning Board; and
WHEREAS, the Mayor and City Commission desire to fill
the existing vacancy.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That LARRY A. LIGAMMARE is hereby
appointed to the Planning Board until March, 1993, or until
a successor is appointed.
PASSED AND ADOPTED THIS day of 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
13
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING
ELSIE THORNER TO THE PLANNING BOARD
WHEREAS, there currently exists a vacancy on the
Planning Board; and
WHEREAS, the Mayor and City Commission desire to fill
the existing vacancy.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That ELSIE THORNER is hereby
appointed to the Planning Board until March, 1993, or until
a successor is appointed.
PASSED AND ADOPTED THIS day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE CITY MANAGER TO--ENTER INTO AN
AGREEMENT WITH CORAL GABLES /SOUTH MIAMI KHOURY
LEAGUE FOR THE CONSTRUCTION OF A STORAGE BUILDING
AT THE CITY'S SOUTH MIAMI FIELD.
BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and he is hereby
authorized to enter into an Agreement with Coral Gables /South
Miami Khoury League, copy of which Agreement is attached to
this Resolution, for the construction of a Storage Building
at the City's South Miami Field.
PASSED AND ADOPTED THIS day of 1991.
APPROVED:
MAYOR
ATTEST:
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
f
AGREEMENT BETWEEN THE CITY OF SOUTH
MIAMI AND THE CORAL GABLES /SOUTH
MIAMI KHOURY LEAGUE FOR THE
CONSTRUCTION OF A STORAGE BUILDING
IN THE CITY'S SOUTH MIAMI FIELD
THIS AGREEMENT, entered into this day of April, 1991
between the CITY OF SOUTH MIAMI, a Florida municipal corporation,
hereinafter referred to as the "City" and CORAL GABLES /SOUTH
MIAMI KHOURY LEAGUE, hereinafter referred to as the "League ";
W I T N E s S R T H:
WHEREAS, the City is the fee simple owner of South Miami Field at
6200 S. W. 67th Avenue, South Miami, Florida, said land
hereinafter referred to as the "Property ";
WHEREAS, the League pays a fee for regular use of a portion of
the Property as an athletic field to accommodate the League's
baseball programs; and
WHEREAS, the League wishes to aid the City's Recreation
Department to construct a storage building on the Property to
further accommodate the League's baseball program by acting as a
general contractor and supplier of certain materials and labor;
and
WHEREAS, the Mayor and the City Commission of the City of South
Miami at a public meeting of , 1991
authorized this Agreement on the terms and conditions as set
forth below as being in the best interests of the public and
serving a valid public purpose.
NOW, THEREFORE, for and in exchange of the mutual covenants
hereinafter set forth, the parties hereto do now agree as
follows:
1. The Plans attached hereto as Schedule "A" are for the
construction of a storage building on the Property as indicated
therein as to location and specifications.
Z. The League will furnish the materials set forth on the
attached Schedule "B" at no Bout to the City for the construction
of a storage building on the Property.
3. The City will furnish the materials set forth on the
attached Schedule "C" at no cost to the League for the
construction of a storage building on the Property.
4. The construction of the said storage building shall begin no
later than 30 days from the execution of this Agreement and shall
be completed within 180 days from the date of this Agreement.
5. League agrees that the sole purpose for which it may occupy
the Property under this Agreement will be for the construction of
the storage building. The League agrees that the rights and
obligations contained in this use agreement may in no way be
utilized by the League to interfere with other City recreational
programs.
6. Any improvements to the Property, of whatever nature,
including fixtures, will to inure to the benefit of City and may
not be removed by League at the expiration of this Agreement or
any renewal hereof.
7. Throughout the term of this Agreement, the City's
responsibilities to the League shall be limited only to the
furnishing of the material set forth in schedule "C" and the
following specifically itemized matters:
B. League agrees that motor vehicle or trailer parking shall be
solely as permitted by City, and no designated parking shall be
provided to any League personnel, or other individual, business
or entity whatsoever.
9. The League shall not assign or pledge this Agreement nor
sublet all or any portion of the Property.
10. All property or items placed or moved on the Property shall
be at the sole risk of the League and the City shall not be
liable for any loss or damage to such property or items,
2
2
11. The League shall promptly execute and comply, at the
League's cost and expense, with all statutes, ordinances, rules,
orders, regulations and requirements of the Federal, State and
City Government and of any and all their Departments and Bureaus
applicable to the construction of said storage building on the
Property for any purpose, including but not limited to, proper
licensing for the City and County; compliance with all applicable
City and /or County Building /electrical /plumbing ordinances;
health regulations; the correction, prevention and abatement of
nuisances or other grievances; and fire prevention regarding
said Property during the term of this Agreement.
12. The prompt compliance of the conditions in paragraph ll
above for the Property and faithful observance of all conditions
of this Agreement and of such other and further rules or
regulations as may be hereafter made by the City are the
conditions upon which the Agreement is made and accepted. Any
failure on the part of the League to comply with the terms of
said Agreement or any of said rules and regulations now in
existence, or which may be hereafter prescribed by the City,
shall, at the option of the City, work a forfeiture and shall
terminate this Agreement.
13. The League agrees to pay the coat of' collection and
reasonable attorney's fees or any part of said amounts that may
be collected by suit. Additionally, any delinquent payments due
the City shall be assessed a ten (10 %) percent per annum interest
charge.
14. The League agrees to indemnify, defend, and hold harmless
the City from all claims, suits, actions, damages or causes of
action arising during the term of this Agreement, including
reasonable attorney's fees and costs for any personal injury,
including, but not limited to loss of life, or damage to
personal property sustained on the Property by the League or any
third party participating in any League activity. The League
shall maintain general liability insurance on the Property in
3
v
amounts of not less than Five Hundred Thousand Dollars ($500,000)
per occurrence, with the City named as an additional insured.
15. It is hereby understood and agreed that if any sign or
advertising is proposed to be used" in connection with the
Property by the League, it shall be first submitted to the City
for approval before use of same.
16. All notices under this Agreement are to be made as follows:
to the City:
Director, Recreation Department
South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33143
to the League: Mario Bustamante
9400 South Dadeland Blvd.
Suite 620
Miami, Florida 33156
17. This Agreement may not be modified, except In writing signed
by both parties.
18. The Khoury League will be allowed use of the storage room
as identified on schedule "A" to store baseball equipment for as
long as they are allowed to use the fields.
IN WITNESS WHEREOF, the parties have hereunto executed this
Agreement for the purposes expressed herein this day of
April, 1991.
Witnesses as to League:
Witnesses as to City:
DRAFT NOT READ BY MARTIN DAVID BERG
4
CORAL GABLES /SOUTH MIAMI
KHOURY LEAGUE
by
President
Attest
Secretary
CITY OF SOUTH MIAMI
by
William F. Hampton
City Manager
Attest:
Rosemary Wascura
City Clerk
(CITY
SHAL)
4
CONSTRUCTION COST ESTIMATE
CORAL GABLES SOUTH MIAMI KHOURY LEAGUE
STORAGE BUILDING FOR CITY OF SOUTH MIAMI
FOUNDATION SAND:
CONCRETE:
1) FOOTERS
2) SLAB
3) TIE BEAM
4) LABOR
STEEL:
ORNERAL LABOR, CLRANUP ETC.
CONCRETE BLOCK:
BLOCK LABOR:
ROOF TRUSSES:
ROOF SHEATHING:
ELECTRICAL:
1)
TOTAL
SOUTH
COST
MIAMI
$ 396.00
$ 396.00
429.00
396.00
660.00
792.00
416.00
924.00
950.00
950.00
396.00
396.00
634.00
158.00 158.00
639.00
639.00
593.00
5$3.00
975.00
975.00
356.00
148.00
LABOR
2) FIXTURES
525.00 525.00
330.00 330.00
ROOFING:
855.00
SECURITY DOORS & FRAMES!
396.00
GARAGE DOORS:
792.00
STUCCO:
924.00
PAINT:
396.00
OTHER SHELL MATERIALS:
409.00
WATERPROOFING:
158.00 158.00
CONTRACTOR'S EXPENSES:
950 00
s+�wsa =asses at :wssaas
TOTAL COSTS: #22,11ft.00 $5,110 .00
5
KHOURY
LEAGUE
429.00
660.00
416.00
634.00
208.00
855.00
396.00
792.00
924.00
396.00
409.00..
950.00
$7,069.00
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH CORAL GABLES /SOUTH MIAMI KHOURY
LEAGUE, TO REPLACE THE ROOF OF A RECREATION
BUILDING AT THE CITY'S SOUTH MIAMI FIELD.
BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and he is hereby,/
authorized to enter into an Agreement with Coral Gables /South
Miami Khoury League, copy of which Agreement is attached to
this Resolution, to replace the Roof of A Recreation Building
at the City's South Miami Field.
PASSED AND ADOPTED THIS day of , 1991
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
AGREEMENT BETWEEN THE CITY OF SOUTH
MIAMI AND THE CORAL GABLES /SOUTH
MIAMI KHOURY LEAGUE TO REPLACE THE
ROOF OF A RECREATION BUILDING IN
THE CITY'S SOUTH MIAMI, FIELD
THIS AGREEMENT, entered into this day of April, 1991
between the CITY OF SOUTH MIAMI, a Florida municipal corporation,
hereinafter referred to as the "City" and CORAL GABLES /SOUTH
MIAMI KHOURY LEAGUE, hereinafter referred to as the "League ";
W I T N E S S E T H:
WHEREAS, the City is the fee simple owner of South Miami Field at
6200 S. W. 67th Avenue, South Miami, Florida, said land
hereinafter referred to as the "Property ";
WHEREAS, the League pays a fee for regular use of a portion of
the Property as an athletic field to accommodate the League's
baseball programs; and
WHEREAS, the League wishes to aid the City's Recreation
Department to replace the roof of the recreation building on the
Property to further accommodate the League's baseball program by
acting as a general contractor and supplier of certain materials
and labor; and
WHEREAS, the Mayor and the City Commission of the City of South
Miami at a public meeting of , 1991
authorized this Agreement on the terms and conditions as set
forth below as being in the best interests of the public and
serving a valid public purpose.
NOW, THEREFORE, for and in exchange of the mutual covenants
hereinafter set forth, the parties hereto do now agree as
follows:
1. The Plans attached hereto as Schedule "A" are to replace the
roof of the a recreation building on the Property as indicated
therein as to location and specifications.
2. The League will furnish the materials set forth on the
attached Schedule "B" at no cost to the City for the replacement
. I
of a roof on the recreation building on the Property.
3. The City will furnish the materials set forth on the
attached Schedule "C" at no cost to the League for the
replacement of a roof of the recreation building on the Property.
4. The construction of the said roof of the recreation building
shall begin no later than 30 days from the execution of this
Agreement and shall be completed within 180 days from the date of
this Agreement.
5. League agrees that the sole purpose for which it may occupy
the Property under this Agreement will be for the construction of
the replacement of recreation roof. The League agrees that the
rights and obligations contained in this use agreement may in no
way be utilized by the Teague to interfere with other City
recreational programs.
6. Any improvements to the Property, of whatever nature,
including fixtures, will to inure to the benefit of City and may
not be removed by League at the expiration of this Agreement or
any renewal hereof.
7. Throughout the term of this Agreement, the City's
responsibilities to the League shall be limited only to the
furnishing of the material" set forth in Schedule "C" and the
following specifically itemized matters:
8. League agrees that motor vehicle or trailer parking shall be
solely as permitted by City, and no designated parking shall be
provided to any League personnel, or other individual, business
or entity whatsoever.
9. The League shall not assign or pledge this Agreement nor
sublet all or any portion of the Property.
10. All property or items placed or moved on the Property shall
be at the sole risk of the League and the City shall not be
liable for any loss or damage to such property or items.
2
11. The League shall promptly execute and comply, at the
League's cost and expense, with all statutes, ordinances, rules,
orders, regulations and requirements of the Federal, state and
City Government and of any and all their Departments and Bureaus
applicable to the construction of said recreation roof on the
Property for any purpose, including but not limited to, proper
licensing for the City and County; compliance with all applicable
City and /or County Building /electrical /plumbing ordinances;
health regulations; the correction, prevention and abatement of
nuisances or other grievances; and fire prevention regarding
said Property during the term of this Agreement.
12. The prompt compliance of the conditions in paragraph 11
above for the Property and faithful observance of all conditions
of this Agreement and of such other and further rules or
regulations as may be hereafter made by the City are the
conditions upon which the Agreement is made and accepted. Any
failure on the part of the League to comply with the terms of
sald Agreement or any of said rules and regulations now in
existence, or which may be hereafter prescribed by the City,
shall, at the option of the City, work a forfeiture and shall
terminate this Agreement.
13. The League agrees to pay the cost of collection and
reasonable attorney's fees or any part of said amounts that may
be collected by suit. Additionally, any delinquent payments due
the City shall be assessed a ten (10 %) percent per annum interest
charge.
14. The League agrees to indemnify, defend, and hold harmless
the City from all claims, suits, actions, damages or causes of
action arising during the term of this Agreement, including
reasonable attorney's fees and costs for any personal in3ury,
including, but not limited to loss of life, or damage to
personal property sustained on the Property by the League or any
third party participating in any League activity. The League
shall maintain general liability insurance on the Property in
3
r
w
amounts of not less than Five Hundred Thousand Dollars ($500,000)
per occurrence, with the City named as an additional insured.
15. It is hereby understood and agreed that if any sign or
advertising is proposed to be used in connection with the
Property by the League, it shall be first submitted to the City
for approval before use of same.
16. All notices under this Agreement are to be made as follows:
to the City:
Director, Recreation Department
South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33143
to the League: Mario Bustamante
9400 South Dadeland Blvd.
Suite 620
Miami, Florida 33156
17. This Agreement may not be modified, except in writing signed
by both parties.
IN WITNESS WHEREOF, the parties have hereunto executed this
Agreement for the purposes expressed herein this day of
April, 1991.
Witnesses as to League:
Witnesses as to City:
4
CORAL GABLES/SOUTH MIAMI
KHOURY LEAGUE
by
President
Attest
Secretary
CITY OF SOUTH MIAMI
by
William F. Hampton
City Manager
Attest:
Rosemary Wascura
City Clerk
(CITY
SEAL)
CONSTRUCTION COST ESTIMATE
CORAL GABLES SOUTH MIAMI KHOURY LEAGUE
ROOF REPAIRS
WOOD:
PLYWOOD
TEXTURE 111
2 X 6 LUMBER
ROOFING PRODUCTS:
FIBERGLASS BASE SHEET
FIBERGLASS TYPE 4 FELT
TAMPCO AWAPLAN 170
FASTENERS
ASPHALT
DRIP METAL
SHINGLES
MLSCELLANROUS:
EOUIPMENT
DEMOLITION
DUMPING
OTHER
TOTAL COST:
9
s
9.=:
275.00
420.00
225.00
C_ OST:
250.00
475.00
900.00
150.00
375.00
125.00
250.00
COST:
150.00
200.00
150.00
355.00
mw==x==
04,300.00
n
Y
V
CONSTRUCTION COST ESTIMATE
CORAL GABLES SOUTH MIAMI KHOURY LEAGUE
ROOF REPAIRS
WOOD:
PLYWOOD
TEXTURE 111
2 X 6 LUMBER
ROOFING PRODUCTS:
FIBERGLASS BASE SHEET
FIBERGLASS TYPE 4 FELT
TAMPCO AWAPLAN 170
FASTENERS
ASPHALT
DRIP METAL
SHINGLES
MLSCELLANROUS:
EOUIPMENT
DEMOLITION
DUMPING
OTHER
TOTAL COST:
9
s
9.=:
275.00
420.00
225.00
C_ OST:
250.00
475.00
900.00
150.00
375.00
125.00
250.00
COST:
150.00
200.00
150.00
355.00
mw==x==
04,300.00
r�
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, TO PURCHASE TURF EQUIP-
MENT FOR THE RECREATION DEPARTMENT FROM LEWIS
EQUIPMENT, CO., INC. AT A TOTAL COST OF 89,500 FROM
GOVERNMENT BID NO. 90 -47, TO BE PAID FROM ACCOUNT NO.
2000 -6430 ENTITLED: RECREATION: EQUIPMENT - OPERATING
WHEREAS, upon recommendation of the Recreation Director the
City Administration deems it in the public interest to purchase
Bannerman Truplay for the Recreation Department; and
WHEREAS, the City Administration is recommending that the
material be purchased from government bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That a Bannerman Truplay B- TYP -6 -R purchased
from Lewis Equipment, Co., Inc. at'a total cost of $4,500 from
Government Bid No. 90 -47, to be paid from Account No. 2000 -6430
entitled: Recreation: Equipment - Operating.
PASSED AND ADOPTED this 16th day of April, 1991,
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, TO PURCHASE A TRACTOR FOR
THE RECREATION DEPARTMENT FROM FORD NEW HOLLAND, AT A
TOTAL COST OF $8,066 FROM STATE OF FLORIDA BID NO. 765-
900-90-1, TO BE PAID FROM ACCOUNT-NO. 1710 --4670
ENTITLED: PUBLIC WORKS MAINTENANCE AND REPAIR -
GROUNDB /STRUCTURE
WHEREAS, upon recommendation of the Recreation Director the
City Administration deems it in the public interest to purchase a
Tractor for the Recreation Department; and
WHEREAS, the City Administration is recommending that the
material be purchased from government bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a Ford Tractor Model 1720 be purchased
from Ford Nev Holland, at a total cost of $8,066 from State of
Florida Bid No. 765 - 900 -90 -1, to be paid from Account No. 1710-
4670 entitled: Public Works Maintenance and Repair -
Grounds /Structure.
PASSED AND ADOPTED this 16th day of April, 1991.
- APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
li
Op
0 1 b N t.
5844 sunset drive, south miami, florida 33143,(305) 662-1022
�/ pis .
�%' -2-0-
Imr.
�m �- h is
�� cam_
• .
signs inc.
5865 commerce lane, south mlaml, florida 33143
(305) 666.3624
C,
0': �; 9,"e .�'/'2 :
Ut& h'4W)E-3Y .PC iV4JzF r7 7J 4:6- 090 7MF IC4le 7i%,!
il/ExT /YJE� ��G ?4 f �ioE�►i L i fi�F ,aECASVON of T•v,
zi p& a.v 7-yE i9�PLEE it/TFiQ sip /✓ .
ti/Ei�.C'EY /9dLEF' �si
1466 4¢ i�kerUSC�N
/CLUB /o.✓S �`L4iQ /,,t i
/:.9 v/ AgjwTi
GOL,� �igST�' Lcc/Lfi'fc'
loo y
-::; Z -P
'000 .`o. O/X /C Aly,
cS /D.2 So..t�ixiF /�r.�y
6"101' .5. .l rxiE lrwY,
.Z. ,vixic Hwy.
6//� So. dixrE �/c✓y,
S��S �oMMc�GE Lac
minds over signs since 1955