05-21-91OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
7:30 p.m.
May 21st, 1991
Next Resolution: 65 -9129
Next Ordinance: 14 -91 -1479
Next Commission Meeting: 6/4/91
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations:
D. Items for Commission Consideration:
a. Approval of Minutes: May 7, 1991
b. City Manager's Report- Telephone recycling report: Comm. Banks
c. City Attorney's Report
ORDINANCES -THIRD READING AND PUBLIC HEARING:
4. 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 fee; providing for severability; providing for
ordinances in conflict; and providing an effective date.
(Mayor McCann /Comm. Cooper) 3/5
ORDINANCES - SECOND READING AND PUBLIC HEARING:
,5. An Ordinance of the City of South Miami, Florida, amending the
Land Development Code of the City of South Miami, Florida by
providing a definition of "Mobile Automobile 14ash /Wax Service" in
Section 20 -2,3: providing for Mobile Automobile Wash /Wax Service
under Section 20 -3.3 (D) of the permitted use schedule as a
special use; providing for special use requirements under Section
20 -3,4 (B) by adding a New'Subsection (2); providing for severability;
ordinances in conflict; and an effective date.
(Vice -Mayor Carver) 4/5
6. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to negotiate and
execute all necessary documents for the financing of the construction
of a new Public Works Department Facility by disbursal of $400,000
from the City's Revolving Trust Fund and by a fifteen (15) year
loan of $400,000 payable from the general revenues of.the City
using the City's Revolving Trust Fund as collateral to the extent
required without otherwise liening the City's assets for the
repayment of the loan; providing for ordinances or parts of ordinances
in conflict; providing for severability and providing for an effective
date. (Vice -Mayor Carver) 4/5
7• A Ordinance of the Mayor and City Commission of the City of South
Miami, Florida amending Section 7 -.1 of the Code of Ordinances to
provide for adoption of the current edition of the South Florida
Building Code, access for'Physically Disabled, Energy Efficiency
Code and National Electrical Code, and Life Safety Code; providing
for severabi'lity; provi'di'ng for ordinances in conflict; and providing
for ordinances in conflict, and providing an effective date.
(City Attorney) 3/5
OFFICIAL AGENDA
May 21, 1991
page 2 of 3
RESOLUTIONS FOR PUBLIC HEARING:
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida abandoning and vacating a portion of Riviera Court,
South of S.W. 53rd Terrace and legally described hereinbelow;
retaining certain utility rights; and providing for an effective
date. (Planning Board /Administration) 4/5
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, requesting the Planning Board of the City of South
Miami, as the Local Planning Agency within the meaning of Florida
Statute 163.3187 to initiate the application of Flagler Federal
Savings and Loan Association to file a comprehensive plan
amendment in conjunction with its amendment to the Development
of Regional Impact Development Order for the Bakery Centre.
(Mayor and Commission) 4/5
RESOLUTIONS:
10.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, rescinding Resolution No. 39 -91 -9103, which
provided
that the Planning Board of the City initiate the application
of
Flagler Federal Savings and Loan Association to file a comprehensive
plan amendment in conjunction with its amendment to the Development
of Regional Impact Development Order for the Bakery Centre.
(City Attorney)
3/5
11.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, approving newsrack locations within the City
of
South Miami proposed by Harmon Publishing Company.
(Administration)
3/5
12.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, approving newsrack locations within the City
of
South Miami proposed by USA Today Publishing Company.
(Administration)
3/5
13.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, denying an appeal by Stanley Vieder from the
Environmental Review-and Preservation Board regarding a pole
sign
for the property located at 6114 South Dixie Highway, South
Miami,
Florida 33143. (City Attorney)
3/5
14. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the sum
of $35,661.53 representing fees incurred for legal representation
by Gregory Borgognoni of Ruden, Barnett ETAL in conjunction with
litigation regarding the City "s Comprehensive Plan.
(Admi ni:s-tr,atton) 4/5
15. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the sum
of $3,386.31 representing court cost; /fees for Rodney Mandelstam ETAL.
(Administration) 4/5
16. A Resolution of the Mayor and City Commission of the City of South.
Miami, Florida, appointing Commissioner Betty Banks as Commission
Liason to the Dade League of Citi'es.(Mayor McCann) 3/5
17. A Resolution of the Mayor and City Commi'ssi'on of the City of South
Miami, Florida, appointing Commissioner Thomas Todd Cooper as
Alternate Commission Li'ason to the Dade League of Cities.
(Mayor McCann) 3/5
OFFICIAL AGENDA
May 21, 1991
page 3 of 3
RESOLUTIONS:
18. A Resolution of the Ma
Miami, Florida, urgi.ng
which would expand the
to certain non - public
yor and City Commission of the City of South
the Governor to Veto Senate Bill No. 1902
preemption from county regulation afforded
sector bus operations.
19. A Resolution of the Mayor and
Miami, Florida, authorizing th
of $1,348.00 representing fees
Metropolitan -Dade County Water
Public Works Yard.
ORDINANCES - FIRST READING:
(Mayor McCann) 3/5
City Commission of the City of South
e City Manager to disburse the sum
incurred for sewer connection by
and Sewer Department for the City's
(.Admi,ni.stration) 4/5
20. An Ordinance of the City of South Miami, Florida, amending
Ordinance No. 33 -80 -1092, to correct a scrivener's error in the
legal description therein to read as follows: that certain un-
improved right -of -way located on Southwest 60th Avenue between
Southwest 81st Street, South Miami, Florida, which unimproved
right -of -way is bordered on the East by Tract 14 and bordered
on the West by Tract 11, both Tracts being in the revised plat
of a portion of the amended plat of Palm Miami Heights and
providing for an effective date. (City Attorney) 3/5
21. An Ordinance of the City of South Miami, Florida, amending Section
20 -4.4 (C) of the Land Development Code of the City of South Miami,
Florida to provide for a new standard parking stall size; providing
for severability; ordinances in conflict; and an effective date.
(Mayor McCann /Vice -Mayor Carver) 3/5
22. An Ordinance of the City of South Miami, Florida, amending the
Land Development Code of the City of South Miami, Florida, to
provide for a new Section 20 -3.6 (0) (RO Restrictions "; providing
for severability; ordinances in conflict; and an effective date.
.(Mayor McCann) 4/5
23. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida; amending Section 20 -2.3 of the Land Development
Code of the City of South Miami to provide specific definitions
for catering services; restaurant; restaurant, accessory; and
restaurant, fast food; deleting eating place definition from Section
20 -2.3; deleting eating place from Section 20 -3.3 (E); deleting
eating place (accessory) from Section 20 -3.3 (E); providing the
aforesaid restaurant categories as special uses in Section 20 -3.3 (E)
providing special use conditions for restaurant and restaurant, fast
food in Section 20 -3.4 (B)(4); providing for severability; providing
for ordinances in conflict; and providing for an effective date.
(Mayor McCann) 4/5
24. An Ordinance of the City of South Miami, Florida, amending
Ordinance No. 5 -91 -1470 of the City of South Miami, Florida to
provide a limitation on Fines for delinquent occupational license
renewal; providing for severability; ordinances in conflict; and
an effective date. (.City Attorney) 3/5
REMARKS:
Mr. Steve Glazer to address the Commission with regard to a problem
of code enforcement of vehicles with expired tags which are
parked on private property.
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
7:30 p.m.
May 21st, 1991
s
v
Next Resolution: 65 -9129
Next Ordinance: 14 -91 -1479
Next Commission Meeting: 6/4/91
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations:
D. Items for Commission Consideration:
a. Approval of Minutes: May 7, 1991
b. City Manager's Report- Telephone recycling report: Comm. Banks
C. City Attorney's Report
ORDINANCES -THIRD READING AND PUBLIC HEARING:
4. 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 fee; providing for severability; providing for
ordinances in conflict; and providing an effective date.
(Mayor McCann /Comm. Cooper) 3/5
ORDINANCES - SECOND READING AND PUBLIC HEARING:
,5. An Ordinance of the City of South Miami, Florida, amending the
Land Development Code of the City of South Miami, Florida by
providing a definition of "Mobile Automobile !lash /Wax Service" in
Section 20 -2,3: providing for Mobile Automobile Wash,!Wax Service
under Section 20 -3.3 (D) of the permitted use schedule as a
special use; providing for special use requirements under Section
20 -3,4 (B) by adding a New Subsection (2); providing for severability;
ordinances in conflict; and an effective date.
(Vice -Mayor Carver) 4/5
6. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to negotiate and
execute all necessary documents for the financing of the construction
of a new Public Works Department Facility by disbursal of $400,000
from the City's Revolving Trust Fund and by a fifteen (15) year
loan of $400,000 payable from the general revenues of the City
using the City's Revolving Trust Fund as collateral to the extent
required without otherwise liening the City's assets for the
repayment of the loan; providing for ordinances or parts of ordinances
in conflict; providing for severability and providing for an effective
date. (Vice -Mayor Carver) 4/5
7• A Ordinance of the Mayor and City Commission of th.e City. of South.
Miami, Florida amending Section 7 -.1 of the Code of Ordinances to
provide for adoption of the current edition of the South Florida
Building Code, access for Physically Disabled, Energy Efficiency
Code and Mati'onal Electrical Code, and Life Safety Code; providing
for severability; providing for ordinances in conflict; and providing
for ordinances in conflict, and providing an effective date.
(City Attorney) 3/5
OFFICIAL AGENDA
May 21, 1991
page 2 of 3
RESOLUTIONS FOR PUBLIC HEARING:
S. A Resolution of the Mayor
Miami, Florida abandoning
South of S.W. 53rd Terrac
retaining certain utility
date.
and City Commission of the City of South
and vacating a portion of Riviera Court,
e and legally described hereinbelow;
rights; and providing for an effective
(Planning Board /Administration) 4/5
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, requesting the Planning Board of the City of South
Miami, as the Local Planning Agency within the meaning of Florida
Statute 163.3187 to initiate the application of Flagler Federal
Savings and Loan Association to file a comprehensive plan
amendment in conjunction with its amendment to the Development
of Regional Impact Development Order for the Bakery Centre.
(Mayor and Commission) 4/5
RESOLUTIONS:
10.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, rescinding Resolution No. 39 -91 -9103, which
provided
that the Planning Board of the City initiate the application
of
Flagler Federal Savings and Loan Association to file a comprehensive
plan amendment in conjunction with its amendment to the Development
of Regional Impact Development Order for the Bakery Centre.
(City Attorney)
3/5
11.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, approving newsrack locations within the City
of
South Miami proposed by Harmon Publishing Company.
(Administration)
3/5
12.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, approving newsrack locations within the City
of
South Miami proposed by USA Today Publishing Company.
(Administration)
3/5
13.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, denying an appeal by Stanley Vieder from the
Environmental Review-and Preservation Board regarding a pole
sign
for the property located at 6114 South Dixie Highway, South
Miami,
Florida 33143. (City Attorney)
3/5
14. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the sum
of $35,661.53 representing fees incurred for legal representation
by Gregory Borgognoni of Ruden, Barnett ETAL in conjunction with
litigation regarding the Ci'ty''s Comprehensive Plan.
(Admintstr,atiton) 4/5
15. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the sum
of $3,386.31 representing court cost /fees for Rodney Mandelstam ETAL.
(Administrati-on)- 4/5
16. A Resolution of the Mayor and City Commission of th.e City of South
Miami, Florida, appointing Commissioner Betty Banks as Commission
Liason to the Dade League of Citi'es.(Mayor McCann) 3/5
17. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, appointing Commissioner Thomas Todd Cooper as
Alternate Commission Li'ason to th.e Dade League of Cities. 3/5
(Mayor McCann)
OFFICIAL AGENDA
May 21, 1991
page 3 of 3
RESOLUTIONS:
18. A Resolution of the Ma
Miami, Florida, uraing
which would expand the
to certain non - public
yor and City Commission of the City of South
the Governor to Veto Senate Bill No. 1902
preemption from county regulation afforded
sector bus operations.
19. A Resolution of the Mayor and
Miami, Florida, authorizing th
of $1,348.00 representing fees
Metropolitan -Dade County Water
Public Works Yard.
ORDINANCES - FIRST READING:
(Mayor McCann) 3/5
City Commission of the City of South
e City Manager to disburse the sum
incurred for sewer connection by
and Sewer Department for the City's
(.Admi.nistration) 4/5
20. An Ordinance of the City of South Miami, Florida, amending
Ordinanc-e No. 33 -80 -1092, to correct a scrivener's error in the
legal description therein to read as follows: that certain un-
improved right -of -way located on Southwest 60th Avenue between
Southwest 81st Street, South Miami, Florida, which unimproved
right -of -way is bordered on the East by Tract 14 and bordered
on the West by Tract 11, both Tracts being in the revised plat
of a portion of the amended plat of Palm Miami Heights and
providing for an effective date. (City Attorney) 3/5
21. An Ordinance of the City of South Miami, Florida, amending Section
20 -4.4 (C) of the Land Development Code of the City of South Miami,
Florida to provide for a new standard parking stall size; providing
for severability; ordinances in conflict; and an effective date.
(Mayor McCann /Vice -Mayor Carver) 3/5
22. An Ordinance of the City of South Miami, Florida, amending the
Land Development Code of the City of South Miami, Florida, to
provide for a new Section 20 -3.6 (0) (RO Restrictions "; providing
for severability; ordinances in conflict; and an effective date.
(Mayor McCann) 4/5
23. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida; amending Section 20 -2.3 of the Land Development
Code of the City of South Miami to provide specific definitions
for catering services; restaurant; restaurant, accessory; and
restaurant, fast food; deleting eating place definition from Section
20 -2.3; deleting eating place from Section 20 -3.3 (E); deleting
eating place (accessory) from Section 20 -3.3 (E); providing the
aforesaid restaurant categories as special uses in Section 20 -3.3 (E)
providing special use conditions for restaurant and restaurant, fast
food in Section 20 -3.4 (B)(4); providing for severability; providing
for ordinances in conflict; and providing for an effective date.
(Mayor McCann) 4/5
24. An Ordinance of the City of South Miami, Florida, amending
Ordinance No. 5 -91 -1470 of the City of South Miami, Florida to
provide a limitation on Fines for delinquent occupational license
renewal; providing for severability; ordinances in conflict; and
an effective date. (,City Attorney) 3/5
REMARKS:
Mr. Steve Glazer to address the Commission with regard to a problem
of code enforcement of vehicles with expired tags which are
parked on private property.
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
v
REGULAR CITY COMMISSION MEETING Next Resolution: 65 -9129
7:30 p.m. Next Ordinance: 14 -91 -1479
/ May 21st, 1991 Next Commission Meeting: 6/4/91
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations:
D. Items for Commission Consideration:
a. Approval of Minutes: May 7, 1991
b. City Manager's Report- Telephone- _recycling-report: Comm. Banks
C. City Attorney's Report
ORDINANCES -THIRD READING AND PUBLIC HEARING:
4.
1 - / -/7
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 fee; providing for severability; providing for
ordinances in conflict; and providing an effective date.
(Mayor McCann /Comm. Cooper) 3/5
ORDINANCES - SECOND READING AND PUBLIC HEARING:
1�� l
5. An Ordinance of the City of -South Miami, Florida, amending the
Land Development Code of the City of South Miami, Florida by
providing a definition of "Mobile Automobile !lash /Wax Service" in
Section 20 -2,3: providing for Mobile Automobile Wash /Wax Service
under Section 20 -3.3 (D) of the permitted use schedule as a
special use; providing for special use requirements under Section
20 -3,4 (B) by adding a New'Subsection (2); providing for severability;
ordinances in conflict- and an effective date.
� (Vice -Mayor Carver) 4/5
6. An Ordinance of the Ma or and City Commission of the City of South
Miami, Florida, authorizing the City Manager to negotiate and
execute all necessary documents for the financing of the construction
of a new Public Works Department Facility by disbursal of $400,000
from the City's Revolving Trust Fund and by a fifteen (15) year
loan of $400,000 payable from the general revenues of the City
using the City's Revolving Trust Fund as collateral to the extent
required without otherwise liening the City's assets for the
repayment of the loan; providing for ordinances or parts of ordinances
in conflict; providing for severability and providing for an effective
date. l ((Vice -M or Carver) 4/5
7. A Ordinance o the Mayon and City Commission bf the City of South_
Miami, Florida amending Section 7-1 of the Code of Ordinances to
provide for adoption of the current edition of the South Florida
Building Code, access for'Physically Disabled, Energy Efficiency
Code and National Electrical Code, and Life Safety Code; providing
for severability; providing for ordinances in conflict; and providing
for ordinances in conflict, and providing an effective date.
(City Attorney) 3/5
OFFICIAL AGENDA
May 21, 1991
page 2 of 3
RESOLUTIONS FOR PUBLIC HEARING:
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida abandoning and vacating a portion of Riviera Court,
South of S.W. 53rd Terrace and legally described hereinbelow;
retaining certain utility rights; and providing for an effective
date. ! _ q/_ qlx (Planning Board /Administration) 4/5
9. A Resolution of the Mayoor and City Commission of the City of South
Miami, Florida, requesting the Planning Board of the City of South
Miami, as the Local Planning Agency within the meaning of Florida
Statute 163.3187 to initiate the application of Flagler Federal
Savings and Loan Association to file a comprehensive plan
amendment in conjunction with its amendment to the Development
of Regional Impact Development Order for the Bakery Centre.
(Mayor and Commission) 4/5
RESOLUTIONS:
10.
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, rescinding Resolution No. 39 -91 -9103, which provided
that the Planning Board of the City initiate the application of
Flagler Federal Savings and Loan Association to file a comprehensive
plan amendment in conjunction with its amendment to the Development
of Regional Impact Dg�v lop me t Order for the Bakery Centre.
� - qIM� /-? / (City Attorney)
3/5
11.
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, approving newsrack locations within the City of
South Miami proposed by Harmon Publishing Company.
649 - q( —yI32-, (Administration)
3/5
12.
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, approving newsrack locations within the City of
South Miami proposed by USA Today Publishinq Company.
n- (Administration)
3/5
13.
A Resolution of the Mayor and City Commission of the City of South
Miami, F1ori'da, denying an appeal by Stanley Vieder from the
Environmental Review and Preservation Board regarding a pole sign
for the property located at 6114 South Dixie Highway, South Miami,
Florida 33143 , nl /� (City Attorney)
3/5
14.
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authori'zi'ng the City Manager to disburse the sum
of $35,661.53 representing fees incurred for legal representation
by Gregory Borgognoni' of Ruden, Barnett ETAL in conjunction with
litigation regarding th Ci'ty "s C mp.rehensive Plan.
(Admi'ni.str,ati,on)
4/5
15.
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the sum
of $3,386.31 representing court cost/fees for Rodney Mandelstam ETAL.
_
It- Q/ -1)1 ,35 (Administration)
4/5
16.
A Resolution of the Mayor and City Commission of th.e City of South.
Miami, Florida, appointing Commi'ssi'oner Betty Banks as Commission
Liason to the Dade League McCann)
3/5
`�1- �iti-es.(Mayor
I G
Resolution the Mayor City Commi'ssi'on the City of South
17.
A of and of
Miami, Florida, appointing Commissioner Thomas Todd Cooper as
Alternate Commission Liason to the Dade League of Cities.
(Mayor McCann)
3/5
OFFICIAL AGENDA
May 21, 1991
page 3 of 3
RESOLUTIONS: r q /,--? _�
18. A Resolution of th.e Mayor and City Commission of the City of South
Miami, Florida, urging the Governor to Veto Senate Bill No. 1902
which would expand the preemption from county regulation afforded
to certain non -p V ' s cto bus operations.
- (Mayor McCann) 3/5
19. A Resolution of he Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the sum
of $1,348.00 representing fees incurred for sewer connection by
Metropolitan -Dade County Water and Sewer Department for the City's
Public Works Yard. (_Admi.ni.stration) 4/5
ORDINANCES - FIRST READING:
In ,
20. An Ordinance of the City of South Miami, Florida, amending
Ordinance No. 33 -80 -1092, to correct a scrivener's error in the
legal description therein to read as follows: that certain un-
improved right -of -way located on Southwest 60th Avenue between
Southwest 81st Street, South Miami, Florida, which unimproved
right -of -way is bordered on the East by Tract 14 and bordered
on the West by Tract 11, both Tracts being in the revised plat
of a portion of the amended plat of Palm Miami Heights and
providing for an e fe ti�� date. (City Attorney) 3/5
°, /
�h
21. An Ordinance of th City of South Miami, Florida, amending Section
20 -4.4 (C) of the Land Development Code of the City of South Miami,
Florida to provide for a new standard parking stall size; providing
for severability; ord' inances in conflict; and an effective date.
(Mayor McCann /Vice -Mayor Carver) 3/5
22. An Ord? -hance of the City of South Miami, Florida, amending the
Land Development Code of the City of South Miami, Florida, to
provide for a new Section 20 -3.6 (0) (RO Restrictions "; providing
for severabiji,ty; or finances in conflict; and an effective date.
(Mayor. McCann) 415
23. An Ordinance of the ty-or and City Commission of the City of South
Miami, Florida; amending Section 20 -2.3 of the Land Development
Code of the City of South Miami to provide specific definitions
for catering services; restaurant; restaurant, accessory; and
restaurant, fast food; deleting eating place definition from Section
20 -2.3; deleting eating place from Section 20 -3.3 (E); deleting
eating place (accessory) from Section 20 -3.3 (E); providing the
aforesaid restaurant categories as special uses in Section 20 -3.3 (E)
providing special use conditions for restaurant and restaurant, fast
food in Section 20 -3.4 (B)(4); providing for severability; providing
for ordinances in conflict; and providing for an effective date.
Lf (Mayor McCann) 4/5
24. An Ordinance of he City of South Miami, Florida, amending
Ordinance No. 5 -91 -1470 of the City of South Miami, Florida to
provide a limitation on Fines for delinquent occupational license
renewal; providing for severability; ordinances in conflict; and
an effective.date. (.City,Attorney) 3/5
REMARKS: �w
Mr. Steve Glazer to address the Commission with regard to a problem
of code enforcement of vehicles with expired tags which are
parked on private property.
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.
WHEREAS, the Southern Bell Telephone and Telegraph Company
(hereinafter called "Company ") desires to renew its franchise
with the City 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 Company is hereby 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
hereby granted permission to construct, maintain and operate
lines of telephone and telegraph equipment, including the
necessary poles, conduits, cables, electrical conductors and
fiber optics and digital technology fixtures upon, along, under
and over the public roads, streets, highvays, and rights of way
of the City of South Miami, Florida, as its business may from
time to time require, provided that all poles shall be neat and
symmetrical; provided that no utility poles shall be installed,
located or relocated without approval of the City with a written
permit issued by the City.
Section 3. The work allowed under this franchise shall be
done subject to the supervision of the City, and the Company
1
shall replace or properly relay and repair any sidewalk, street
sod, landscaping, or other improvement that may be displaced by
reason o£ such work, and upon failure of the Company so to do,
after twenty (2C) days notice in writing given by the City
Manaaer to the Company, the City may repair any such sidewalk,
street sod, landscaping, or other improvement that may have been
displaced by the Company, and collect the cost so incurred from
the Company.
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 grass receipts of the Company on
recurring local service revenues for services provided within the
corporate limits of the City by the Company, 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 City upon
the Company and paid during the preceding fiscal year as defined
herein.
Payment 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
Company of the fiscal year. For the purposes of this payment,
such fiscal year shall end on December 31st. The annual payment
shall be made to the City in four (4) installments. The first,
second and third installments of the annual payment shall be
based upon such gross receipts for the first, second and third
quarters, respectively of the fiscal year and shall be made on or
before three (3) months following the end of these periods. The
fourth installment of the annual payment shall be made on or
before three (3) months following the end of such fiscal year,
shall be based upon such gross receipts for the fiscal year but
shall be adjusted to reflect payment of the first three (3)
Installments. However, the first annual payment shall be made in
rA
1
one lump payment 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. Further, the second annual payment shall be made
in one lump payment 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, 1990 and shall be for the permission year April 21, 1990
through April 20, 1991. Further provided that both the aforesaid
first annual payment and second annual payment shall bear simple
interest at the legal rate (12% per annum) from the and of the
respective fiscal year end through the date of payment.
Section 5. If the City Wishes to verify the payments to
the City 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 Company 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 solely for the purposes
of verifying payments by the Company, except as may be provided
by the Federal and State public records law.
Section 6. The Company shall install underground
extensions of telephone distribution lines in new residential
subdivisions over five units or new multiple occupancy buildings
where all other utilities will also be installed underground.
Such installation shall be provided in accordance with and
subject to the requirements of applicable statutes, and the
Florida Public Service Commission Rules and Regulations,
Including any requirements applicable to the applicant for such
services, such as the provision of necessary rights of way or
3
easements.
For new commercial construction over 10,000 square feet, and
commercial rehabilitation construction over 15,000 square feet
whenever the cost of rehabilitation exceeds 50% of the assessed
value of the land and building, the Company and the City agree to
cooperate in an effort to provide underground extensions of
telephone distribution lines. The Company shall not be required
to provide such underground extensions unless the applicant or
developer cooperates in providing appropriate facilities and pays
the costs of providing the facilities underground, and subject to
any requirements of applicable statutes of the Florida Public
Service Commission Rules and Regulations.
Section 7. The Company shall indemnify the City against,
and assume all liabilities for damages Which may arise or accrue
to the City for an injury to persons or property from the doing
of any work herein authorized, or the neglect of the Company or
any of its employees to comply with any 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 pay to the City
any sum of money for which the City may become liable from or by
reason of such injury.
Section B. 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
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
accepted by the Company, shall be in force and effect fox a term
or fifteen (15) years rrom and after April 21, 1989.
4
Section 11. if any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 12. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
PASSED AND ADOPTED this th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
5
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF
"MOBILE AUTOMOBILE WASH /WAX SERVICE" IN SECTION 20 -2.3;
PROVIDING FOR MOBILE AUTOMOBILE WASH /WAX SERVICE UNDER
SECTION 20 -3.3 (D) OF THE PERMITTED USE SCHEDULE AS A
SPECIAL USE; PROVIDING FOR SPECIAL USE REQUIREMENTS
UNDER SECTION 20 -3.4 (B) BY ADDING A NEW SUBSECTION
(20); PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code providing for a permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use of
"mobile automobile wash /wax service "; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for a "mobile automobile
wash /wax service" as a special use in the permitted use
schedule;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby
is, amended as follows:
Mobile Automobile Wash /Wax Service. Shall mean a motorized
vehicle equipped to provide a self- contained facility for
washing, waxing, and otherwise cleaning or "detailing"
automobiles.
Section 2. Section 20 -3.3 (D) be, and hereby is, amended
to include the following additional use:
Section 3. Section 20 -3.4 (B) of the Land Development Code
be, and the same is, hereby amended to add the following
ubsection 20:
C
P
ZONING
DISTRICTS
0
A
N
R
R L
M N S G I
H D
K
0 0
0 R R R
S
G
Mobile Automobile
Wash/Wax Service S S
S S S S S
S 20
n/a
Section 3. Section 20 -3.4 (B) of the Land Development Code
be, and the same is, hereby amended to add the following
ubsection 20:
(20) MOBILE AUTOMOBILE WASH /WAX SERVICE
a. No mobile service vendor shall station itself upon any
public street or right -of -way. Neither shall any
mobile service vendor station itself upon any private
property except with the express permission of the
owner thereof and in a manner which does not impede the
flow of traffic in public streets or rights -of -way nor
block pedestrian access to public streets or rights-of-
way.
b. All mobile service vendors must provide for their own
trash and garbage removal such that no trash or garbage
remains on the premises upon which the vending was
conducted.
C. No mobile service vendor shall remain in any one site
longer than sixty (60) minutes.
d. Mobile service vendors must operate from four -wheel
motorized vehicles registered in the State of Florida.
Section 4. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
wav affect the validity of the remaining portions of this
Ordinance.
Section 5. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this _th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
sow
APPROVED:
MAYOR
2
TI'F L,:... Dr.Vr.I.0?!,r,: Col. (`F :'I'.E
CI':Y OF SCU 1: "TAI'T, FLCrl" -:A, FY P1:CVT^I::C I)FFI: _7ICN OF
""Cr1LF A1"7(': :CrI1 -7 1'AS1 "%'.Y Sr^l'I(:F" FFC"'.... =C -_ ,
I *FO','1PIi'C FCr '.CrTL :.L ":CI ?nl ILi. 'LS /i'�: ?' S--rVIC:
SEC71C: . C - _ . _ Cr ...!.r PCr"1.....zr I"SE C : UL ;.S
"I'1.CI..L ,'CE; PI'.GV ?rI:'C IC C 'DECIf.L USE :;:c clrr::El':S ["'rEr
:::C -I C,! _ !. LY i.21.T 'C V. j.' c? I SI C. _CI' (.
rr.OVIIL` I.:C 7 C r ST7Vri ,% %IL17Y, 01l P1.:i .:CES i.' CCI'FL1CT. P.:!r AI'
FFC —It r
2'oved by Vice- I'ayor Carver, seconded by Comr.issiover
oper, that this be considered the first reading of the
ordinance and it Le placed on secone reading and public I: ear ir.g
after consideration by the Planning Board.
Cor-missior.er Launcelott exited the meeting at this time
(11:Cc pm).
Vice -Vayor Carver asked if PEI.;! requirer,.ents have been
received by the City. Ve is in favor of having a provision
wherein this service can be provided, if there isn't any harm to
the City.
Mayor "cCann said she would not obiect Co waxing in the
Sr, I'P.. cr Gr districts, but the water frog washing would make a
FroL'ler for pedestrians. Corraissioner Cooper asked if the units
are self - contained. Vice-Mayor Carver said this is the type of
question that needs to be answered at second reading, if there is
a second reading on this iter..
Corr..issioner Fanks questioned the liability on the part of
the City. City "ar,ager l:ampton stated that the washing will be
done on rrivate Froperty.
::owed by ::ayor I'cCanr to eIir.inate washir.t and i :axin€ in
the I:C, GP. ar.d SF, districts. (lotion did not receive a second.
"over' by ayor ".c Cann, seconded Fy Vice - :'ayor Carver, that
the erdir.ar,ce le deferred until April 2nd, 1991, agenda when a
Full Cor..r..issicn t.-ill be present znd in orc'er for rEr.I' to give the
City necessary ir.fornation.
:'ayor -cCarn said Fer rotion is ar'endec' to state the
oreir.ance will not co to tl:e P1anr.in- Foare until the information
fror ^l:P." is received r:rd revipwee.
Vice - (:ayor Carver witherew his second, :'ayor :'c Cann
vi clldreu Ler i ocion.
"owed br `.'ice -"ayor Carver, seconded by "ayor - cCcr.n, the
r'ocior to tLe ordinances will not ,o to the :'.ar.r.in _oard until
the ir:ferratior is receives' fror.: ^Fr ar,d ct'e information is
reviewed ty tic Cite staff.
:'ation passed =• /C: "ayor -cCarn, yea: Vice -"ayor Carver,
vca. Cer.r °issior.er ranks, yea; Cor•rissioner Cooper, yea
(Cnrr issioner Lzur.ccictt al.ser.t).
"ayor "cCcr.r. askcc! for irforr-.! tion on units that are
'::elf- ccrcained'.
I:otior. on ordinance passes' 4 1C: " yor '!c Cann, yea: Vice -
,I:ayor Carver, yea; Cor.r..issioner ranks, yea; Comr.issioner Cooper,
yea (Corr.issioncr Laur.cclott absent).
City of South Miami
INTER -- OFFICE MEMORANDUM
TO: 'favor and City mission DATE: ;larch 8, 1991
/ SUBJECT:
FROM: /i�/i a m Hkmp -Con hobile Car Wash Ordinance
City `Ian, ger
Pursuant to the attached information I don't recommend that the
car wash ordinance be sent to the Planning Board. If any
commissioner disagrees with this decision please contact me at
your convenience.
WFH:er
cc: City Attorney
B & Z Director
9
City of South Miami
INTER— OFFICE MEMORANDUM
TO: William Hampton OATE: 03 -08 -91
City Manager
FROM: Sonia Lama, AIA SUeJEGT: Mobile Car
B & Z Director Wash
According to Mr. Hector Aleman, DERM Water Control, no drainage
from a car wash operation, permanent or otherwise, may go into the
storm sewer.
Mr.Jose Angeda, DERM, Hazardous Facilities, informs us that, if a
car wash operation is on septic tank, it must be equipped with a
100% reclaim system. If the operation is on sewers,it must provide
sand and oil interceptors, 750 gallon minimum.
EPA does not allow water run off to catch basins which is
contaminated by detergents, solvents or other chemicals.
Ms. Deena Mullininx, Dade County Supervisor of Zoning Information
informs us that mobile car washes are not allowed. According to
Ms. Mullininx, car wash operations must be permanent and enclosed.
Dade County issues occupational licenses for auto, truck and van
services but not for mobile car wash operations.
The City's Land Development Code allows permanent car wash
installations in the Intensive District only.
The City of Coral Gables does not allow mobile car wash operations.
The above is all the information we have been able to obtain on
this subject.
Advertising deadline for placing the "Mobile Automobile Wash /Wax
Service" Ordinance on the Planning Board agenda is 03 -13 -91 at
noon.
Please advise.
City of South Miami
Mayor and City
TO: /
i
/,
Ylia F. �pt
FROM:
City Mang
4:t-S dr
INTER —OFFICE MEMORANDUM
%6sion DATE: May 15, 1991
Update Information -
SUBJECT: Mobile Car Wash Ordinance
5/21/91 Agenda Item #5
The following information supersedes information provided in the
Building & Zoning Director's memorandum of March 8, 1991.
- Ms. Deena Mullininx, Dade County Supervisor of Zoning
information stated that while the County Zoning Code does
not specifically permit mobile car washes, the law is not
enforced unless there is a complaint.
- The Dade County Tax Collector Mr. Fred Gantz stated that the
County does not issue occupational licenses for mobile car
wash operations. The County does however issue "Mobile
Vendor" Occupational Licenses to mobile car wash operations.
- County DERM has no prohibition against mobile car washes as
long as degreasers, detergents, solvents or other prohibited
chemicals are not used. If soap and water are used and
drainage is contained on the private property, DERM has no
problem with such operations. EPA does not allow any water
runoff to catch basins which may be contaminated by
detergents, solvents or other chemicals.
As I understand it the City Commission has not requested a
recommendation from the City Manager on the "mobile car
wash" proposal. Accordingly I have made none.
WFH:er
cc: B & Z Director
-05
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY
DOCUMENTS FOR THE FINANCING OF THE CONSTRUCTION OF A
NEW PUBLIC WORKS DEPARTMENT FACILITY BY DISBURSAL OF
5400,000 FROM THE CITY'S REVOLVING TRUST FUND AND BY A
FIFTEEN (15) YEAR LOAN OF $400,000 PAYABLE FROM THE
GENERAL REVENUES OF THE CITY USING THE CITY'S REVOLVING
TRUST FUND AS COLLATERAL TO THE EXTENT REQUIRED
WITHOUT OTHERWISE LIENING THE CITY'S ASSETS FOR THE
REPAYMENT OF THE LOAN; PROVIDING FOR ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South
Miami, Florida have determined the existing Public Works
Department Facility needs to be replaced at an estimated cast of
8 600,000.00; and
WHEREAS, the City presently has a Revolving Trust Fund in
the approximate principal balance of $ 1,155,000.00; and
WHEREAS, the Mayor and City Commission wish to provide for
the financing of the required Public Works Department Facility by
disbursing $400,000.00 from the City's Revolving Trust Fund and
by negotiating a loan of $400,000.00 with repayment to be from
general revenues of the City over a term of 15 years using the
City's Revolving Trust Fund, to the extent required, as
collateral for the loan;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and hereby is,
authorized to negotiate and execute the documents necessary for
the construction of a new Public Works Facility by
a. disbursing the sum of $400,000.00 from the pricipal of the
City's Revolving Trust Fund for the construction of a new Public
Works Facility; and
b. obtaining of a 15 yeaz loan of the sum of $ 400,000.00 for
the construction of a new Public Works Facility, said loan to be
paid from the general revenues of the City using the City's
Revolving Trust Fund, to the extent required, as collateral for
the loan, without otherwise pledging, mortgaging, or liening the
City's assets for the repayment of the loan.
ggection 2. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
9erction 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
40
2
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 7 -1 OF
THE CODE OF ORDINANCES TO PROVIDE FOR ADOPTION OF THE
CURRENT EDITION OF THE SOUTH FLORIDA BUILDING CODE,
ACCESS FOR PHYSICALLY DISABLED, ENERGY EFFICIENCY CODE,
AND THE NATIONAL ELECTRICAL CODE, AND LIFE SAFETY CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statute 553.73 provides that all local
governments with building construction regulation
responsibilities shall adopt a building code in accordance with
the State minimum building codes, one of which is the 1988
edition of the South Florida Building Code; and
WHEREAS, Section 7 -1 of the Code of Ordinances of the City
of South Miami presently reads:
Sec. 7 -1. Adoption of South Florida Building Code.
The South Florida Building Code, 1972 edition, is
adopted as the building code together with all
amendments hereinafter made thereto for the City of
South Miami, Florida. Three (3) copies of this South
Florida Building Code are on file in the office of the
city clerk.
WHEREAS, the South Florida Building code is periodically
amended to conform with advances in technology and building
construction; and
WHEREAS, it has been the intention of the City of South
Miami to adopt and use the most recent edition of the South
Florida Building Code as well as the Life Safety Code of the
National Fire Code Association; and
WHEREAS, the Florida Department of Community Affairs advised
of the obligation of Florida municipalities to adopt codes for
physically disabled persons, energy efficiency, and national
electrical standards; and
WHEREAS, the Mayor and City Commission of the City of South
Miami wish to adopt and use the most recent edition of the South
Florida Building Code and Life Safety Code and to comply with the
requirements of state law regarding adoption of codes regarding
disabled persons' access, energy efficiency, and electrical
codes,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. sec. 7 -1 of the Code of Ordinances of the City
of South Miami be, and hereby is, amended to read as follows:
Sec. 7 -1. Adoption of South Florida Building Code and
other Codes
The South Florida Building Code, is adopted as the
building code of the City of South Miami, together with
the provisions of part V, Chapter 553 of the Florida
Statutes; the Energy Efficiency Code for Building
Construction, 1991 edition, developed by the
Department of Community Affairs; the 1990 edition of
the National Electrical Code; and the Life Safety Code
(NFPI 101) which aro adopted, respectively, as the
City's Codes for requirements for accessibility of
physically disabled persons, energy efficiency,
electrical, and life safety codes, together with all
amendments thereinafter made, and all subsequent
editions, to said codes.
Section 2. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ABANDONING AND VACATING A
PORTION OF RIVIERA COURT, SOUTH OF S.W. 53RD TERRACE
AND LEGALLY DESCRIBED HEREINBELOW; RETAINING CERTAIN
UTILITY RIGHTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Raphael and Emmanuelle Sardou have filed a petition
to close a portion of Riviera Court, South of S.W. 53rd Terrace
and legally described as follows:
That portion of Riviera Court adjacent to Lots 11. 13,
and 15 of Riviera Pines, according to the Plat thereof,
recorded in Plat Book 22 at Page 20 of Public Records
of Dade County, Florida, bounded to the East by the
West line of Lot 11; by the West, by the East line of
Lot 15; by the South, by the North line of Lot 13;
bounded by the North, by the projection of the North
line of said Lot 15
a survev of which is attached hereto as Exhibit "A"; and
WHEREAS, thereafter, the matter was considered by the
Planning Board at its meeting of May 14, 1991 and approved by
vote of 6 -1; and
WHEREAS, the matter has now become before the City
Commission upon public hearing; and
WHEREAS, the City has determined it is in the best interests
of the Citv that the aforesaid road be abandoned and vacated as
the Citv has no use for said road and that it would be to the
Qeneral welfare of the citizens of South Miami to abandon and
vacate the said road,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the portion of Riviera Court adjacent to
Lots 11, 13, and 15 of Riviera Pines, according to the Plat
thereof, recorded in Plat Book 22 at Page 20 of Public Records of
Dade County, Florida, bounded to the East by the West line of Lot
11; by the West, by the East line of Lot 15; by the South, by the
North line of Lot 13; bounded by the North, by the projection of
the North line of said Lot 15, a survey of which is attached
hereto as Exhibit "A", be, and the same hereby is, abandoned and
vacated.
Section 2. The Citv of South Miami retains the right to
maintain, install, operate, repair and replace by itself or by
anv licensee or holder of a franchise from the City any poles,
wires, pipes, conduits, sewer mains, water mains, or any other
facility or ecuipment for the maintenance or operation of any
utility now or hereafter located in the said alley abandoned or
vacated by this Resolution.
Section 3. This Resolution shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of May, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
PA
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ITY o OUTU �IaMI � PIANNCNG BOARD
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::earinc Noll —Dsj, 11
Raphael & Emmanuelle SARDOU
5746 SW 53rd Terrace
SOUTH MIAMI, FLA. 33155
To: Mayor and City Comissioners
City of South Miami
6130 Sunset DR.
South Miami,FL. 33143
The undersigned,Raphael and Emmanuelle SARDOU, owners of
5746 SW 53rd Terrace, since November 9th 1990, want to legalize
the carport of the house, erected in 1986 by previous owners.
That is the reason, we make a petition to close the road,
Riviera Court, following the advices of Mr Juan Artigas
(Code enforcement supervisor), and Mr Daniel Nieda (Building
&Zoning service) .
By closing this road, our property lines will be extended to
a distance sufficient to legalize the carport, according to
the Building & Zoning Code.
We hope this petition will be granted.
Very truly yours, j
Raphael and Emmanuelle SARDOU.
AA
Ala Fly of South Miami
l ^130 Sunset Drive. '�outn Miami. Fiortda 3314
APPLICATION FOR PUBLIC HEARING BEFORE PLANNIN, . BO r
operty owner: �� -�� =rt ��';;� �,^��� � ;i Signature: � = • � ��
dress .`� Eli` Phone Numbar� /, ,'i — ���� f
�-
presented Bv: �J Oraanization:
dress: `� Phone:
zhitect: i� Phone:
:[ineer: Phone:
ner Option to purchase _ Contract to purchase _ Copy attached?
applicant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
a
r- (s) Block Subdivision PB -
I
tes and Bounds: /
i
}
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
_ Variance Special Use Rezoning Text Amendment to LDC
Home Occupational License PUD Approval PUD Major Change
riefly explain application and cite specific Code sections:
PC r \D
/ SUBMITTED MATERIALS
v Letter of intent Hardship statement Reasons for change
Proof of
ownership
Power of
attorney
Contract
to purchase
'v'/Current
survey
Site plan
(7 copies)
Required
fee(s)
ae undersigned has
iformation and all
the best of the
? y / / nt
ite
read this completed application and represents the
submitted materials furnished are true and correct
applicant's knowledge 4nd belief /.
!.a-'Signature abet titl
on receipt, applications and all submitted materials wb be reviewed for
mpliance with City Codes and other applicable regulations. Applications
and not in compliance will be rejected and returned to the applicant.
'FICE USE ONLY DATE FILED ACCEPTED REJECTED {�
TE A►RING
COMMISSION
PETITION REQUIRED -
INE OTHER INFO PETITION ACCEPTED
PETITION TO CLOSE ROAD
TO: Mayo and City Ccmmissioners
City of South Miami, Florida
The undersigned, pursuant to Sections 336.09 — 336.12, Florida Statutes, hereby
petition the Mayor and City Commissioners to vacate, abandon, discontinue and close
an existing public or private street, alleyway, road, highway,, or other place used for
travel, or a portion thereof, and to renounce and disclaim any right of the City and the
public in and to any land in connection therewith; or to renounce and disclaim any right
of the City and the public in and to certain land, or interest therein, acquired by pur-
chase, gift, devise, dedication or prescription for street, alleyway, road or highway pur-
poses; or to renounce and disclaim any right of the City and the public in and to
certain land delineated on a recorded map or plat as a street, alleyway, road or highway.
The undersigned hereby certify:
1. LEGAL DESCRIPTION: The complete and accurate legal description of the
road, right of way or land sought to be closed is as follows:
That portion of Riviera Court adjacent to lot 11,13,
and 15 of Riviera Pines subdivision thereof as
recorded in Plat Book 22 at Page 20 of the Public
Records of Dade County, Florida, bounded to the East
by the West line of Lot 11, by the West, by the East
line of Lot 15, by the South, by the North line of
Lot 13, bounded by the North, by the projection of
the North line of said Lot 15.
PETITION TO CLOSE ROAD
TO: Mayor and City Commissioners
City of South Miami, Florida
The undersigned, pursuant to Sections 336.09 — 336.12, Florida Statutes, hereby
petition the Mayor and City Commissioners to vacate, abandon, discontinue and close
an existing public or private street, alleyway, road, highway, or other place used for
travel, or a portion thereof, and to renounce and disclaim any right of the City and the
public in and to any land in connection therewith; or to renounce and disclaim any right
of the City and the public in and to certain land, or interest therein, acquired by pur-
chase, gift, devise, dedication or prescription for street, alleyway, road or highway pur-
poses; or to renounce and disclaim any right of the City and the public in and to
certain land delineated on a recorded map or plat as a street, alleyway, road or highway.
The undersigned hereby certify:
1. LEGAL DESCRIPTIOiN: The complete and accurate legal description of the
road, right of way or land sought to be closed is as follows:
5746 Southwest 53rd Terrace, Miami Fl. 33155 :
** Lot 15,Riviera Pines, accordingto the Plat Book 22,
page 20 of the Public Records of DADE COUNTY, Florida.
5738 Southwest 53rd Terrace, Miami, FL. 33155:
** Lots 11 and 13,Riviera Pines, as recorded in Plat Book
22,at page 20of the Public Records of DADE COUNTY,
Florida.
C..
2. PUBLIC INTEREST IN ROAD: The title or interest of the City and the
public in and to the above described road, right of way or land was acquired and is evi-
denced in the following manner (state whether public interest acquired by deed, dedica-
tion or prescription and set forth where deed or plat is recorded in public records):
City interest in road was by plat,
Plat Book 22 at page 20.
3. ATTACH SURVEY SKETCH: Attached hereto is a survey or location sketch
accurately showing and describing the above described road, right of way or land and its
location and relation to surrounding property, and showing all encroachments and utility
easements.
4. ABUTTING PROPERTY OWNERS: The following constitutes a complete and
accurate schedule of all owners and occupants of property abutting upon or adjacent to
the above described road, right of way or lands and all persons who will be affected by
the closing and abandonment thereof (all interested or affected persons must either sign
this petition or sign a written consent):
Nome Address Description of Property
Raphael SARDQU & WTFE 5746 SW 53rd Terrace Residence
Emmanuelle SARDOU SOUTH MIAMI , 33155
Teresa ASKARX 57 -48 Sw S3rd Terrace Lot with abandonned
house
Resider.p_e dry - — Q 6 R FONTATNERLPATT RT, i 11 0
MIAMI , FL 33172.
5. ACCESS TO OTHER PROPERTY: The undersigned certify that in the event
this petition is granted no other property owners will be prevented from access to and
from their property and no other property owners in the vicinity will be adversely affected.
6. NO FEDERAL OR STATE HIGHWAY AFFECTED: The undersigned certify
that the above described road, right of way or land is not a part of any state or federal
highway and was not acquired or dedicated for state or federal highway purposes; and
that such road, right of way or land is under the control and jurisdiction of the Mayor and
City Commissioners.
ti
7. GROUNDS FOR GRANTING PETITION: The undersigned submit as grounds
and reasons in support of this petition the following (state in detail why petition should
be granted):
In reference of the Public Hearing of March 14th 1991,
at the City of SOUTH MIAMI - CODE ENFORCEMENT BOARD,
we request the closing of the road (Riviera Court),
to extend our property lines_, for the legalization of
our carport. (File it 91 -29).
Hereby, signatures of our neighbours agreeing this
request:
Name
Respectfully submitted,
Address
5 7:5-3 J4/
Lo
5 7:5-3 J4/
Name
Address
Emmanuelle SARDOU SOUTH MIAMI, FL_33155_
(Petition must be signed by all ppy�perty owners abutting
the road, right of way or lands tb be closed or abandoned)
Attorney for
.address:
(Signature of att6mey not required)
STATE OF FLORIDA )
) ss.:
COUNTY OF DADE )
BEFORE ME. the undersigned authority, personally appeared Raphael SARDOU
—anEl — Bmmaiauelle -- SARDQU . who first by me duly sworn, deposes and
says that he is one of the petitioners named in and who signed the foregoing petition;
that he is duly authorized to make this verification for and on behalf of all petitioners;
that he has read the foregoing petition and that the statements therein contained are true.
`,,,y,�'� •,,,0��., /, / - �. (Signature of Pet' 'on
S3 suW} zibed to before me this
• d of: NPr i 1 19.9 7.`.
/� /''•• A ty.i?'U�blic State of Florida at Large
Notary Pu61fc State of Florida
My Commission Ex^4,mmmlon ft in rat Sant 18. 1992
Bonded Thru Bankers fns. Co
STAFF REPORT
PB -91 -015
Applicant: Raphael and Emmanuelle Sardou
Request: Petition to Close Road, pursuant to F.S. 336.09
LEGAL: That portion of Riviera Court adjacent to lot 11, 13,
and 15 of Riviera Pines Subdivision thereof as
recorded in Plat Book 22 at Page 20 of the Public
Records of Dade County, Florida, bounded to the East
by the West line of Lot 11, by the West, by the East
line of Lot 15, by the South, by the North line of
Lot 13, bounded by the North, by the projection of
the North line of said Lot 15.
Location:
Analysis:
Riviera Court south of 53rd Terrace
City of South Miami, Florida
Applicant is requesting to close the South portion
of Riviera Court Cul -de -sac.
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OROER No. ° 104 -� PROFESSIONAL IAND URVE -t6R No.
STATE OF FLORIDA
NOT VALID UNLESS EMBOSSED SEAL DATE:
CARIBBEAN LAND SURVEYORS, INC.
7175 S.W. 81h STREET, SUITE 216
MIAMI, FLORIDA 33144
TELEPHONE (305) 264 -9151
' LEGAL DESCRIPTION
LOT 15,aKd 441e \V1/2 vT RtVIE;',L C0Y1t-4-
BLOCK
SUBDIVISION R IV E7-K P 1 N E
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PUT BOOK 22
AT�PAGE. 20 OF THE
PUBLIC RECORDS OF DO�� "COUNTY. FLCRIDA.
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LOCATION SKETCH
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Tha Fla. Flocd I,,surence Rate Map, dated 14- ,19 e1:1-published by the United States of
Housing and Urban Development, delineates the herein described land to
be situated within zone X ,
WE HEREBY CERTIFY: That the attached SKETCH OF SURVEY of the above described property is correctlo the best of our
krow!edge and betel as recent,y surveyed under our direction, a'soi that tt:ere are no encroachments
un!ess shoxn;.and this survey
meets Minimum Technical Standards set by the FLORIDA BOARD OF LAND SURVEYORS, as
set forth in Chapter 472 027 (F.S.)
and Chapter 21 HH 6 of the Florida Administrative Code. j 7 ;�j °.-;G�
OROER No. ° 104 -� PROFESSIONAL IAND URVE -t6R No.
STATE OF FLORIDA
NOT VALID UNLESS EMBOSSED SEAL DATE:
CARIBBEAN LAND SURVEYORS, INC.
7175 S.W. 81h STREET, SUITE 216
MIAMI, FLORIDA 33144
TELEPHONE (305) 264 -9151
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA REQUESTING THE PLANNING
BOARD OF THE CITY OF SOUTH MIAMI, AS THE LOCAL PLANNING
AGENCY WITHIN THE MEANING OF FLORIDA STATUTE 163.3187
TO INITIATE THE APPLICATION OF FLAGLER FEDERAL SAVINGS
kND LOAN ASSOCIATION TO FILE A COMPREHENSIVE PLAN
AMENDMENT IN CONJUNCTION WITH ITS AMENDMENT TO THE
DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER FOR
THE BAKERY CENTRE.
WHEREAS, Flaqler Federal Savings and Loan Association, the
owner of the property commonly known as the Bakery Centre, has
requested the City of South Miami to permit it to file a
Comprehensive Plan Amendment in conjunction with its requested
amendment to the DRI Development Order for the Bakery Centre
project; and
WHEREAS, the City's Ordinances limit the time period in
which Comprehensive Plan Amendments may be permitted; and
WHEREAS, under Section 163.3187 (l) (b), Florida Statutes,
Comprehensive Plan Amendments relating to amendments to an
existing DRI Development Order may be adopted without regard to
statutory or local Ordinance limits on the frequency of
consideration of amendments to the local. Comprehensive Plan; and
WHEREAS, this interpretation has been confirmed by the
Florida Department of Community Affairs by letter dated February
18, 1991, a copy of which is attached,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
Section 1. That the Planning Board of the City of South
Miami, as the local planning agency within the meaning of
Florida Statute 163.3187, be, and hereby is, requested to
initiate the application of Flagler Federal Savings and Loan
Association to file a Comprehensive Plan Amendment for the
Bakery Centre without regard to statutory or local limits on the
frequency of consideration of amendments to the local
comprehensive plan in conjunction with its proposed amendment to
r4ithe existing DRI Development order for the Bakery Centre project,
0
it being understood the that, for all purposes of procedure and
substance, Flagler Federal Savings and Loan Association is the
"applicant ".
PASSED AND ADOPTED this th day of 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 C E N T E R V I E W 0 R I V E T A L L A H A S S E E. F L O R I D A 3 2 3 9 9 2 1 0 0
:AWTON CHILES WILLIAM SADOWSRI
cove~
February 18, 1991
Alan S. Gold, Sscruire
1221 Brickell Avenue
: Miami, Florida 33131
Dear Mr.,Gold:
This letter will confirm. that this Department Interprets
Section 163.3187(1)(b), Florida Statutes, to mean that
comprehensive plan amendments relating to amendments to an
existing DRI development order may be adopted without regard to
statutory or local ordinance limits on the frequency of
consideration of amendments to the local comprehensive plan.
Therefore, the City of South Miami may consider adopting plan
amendments relating to changes in the Bakery Center development
order without regard to such limits.
very truly yours,
avid uss
Assistant General Counsel
DJR /skb
cc: Tom Beck
Robert Nave
Robert Pennock
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANACJ 404T
i
P1ann3.nc� Board �� °•':'•:1 :r,,_`
Tuesday
April 30, 1991
Commissioners' Chambers
7:30 PM
A. Call to order and the Pledge of Allegiance to the Flag of the
United States of America.
B. Roll Call.
Present
Larry Ligammare
Manny Gutierrez, Jr
John Lefley
Paul Eisenhart
Cindy Thorner
Robert Parr
Absent
Diana Gonzalez
C. The Minutes of March 26, 1991 were approved with one addition.
Motion to approve made by Mr. Parr, seconded by Mr. Gutierrez.
Vote:
Approved: 6 Opposed: 0
D. Public Hearings. Chairperson Ligammare announced that he is
exercising the prerogative of the Chair and will revise the agenda
by addressing Item E, reference the Bakery Centre, first.
E. A Request for authorizing Flagler Federal Savings and Loan
Association to file a Comprehensive Plan Amendment in
conjunction with its Amendment to the Development of Regional
Impact Development Order for the Bakery Centre.
Mr. Gutierrez read the Request. Chairperson Ligammare reminded
the audience that this is not a Public Hearing for this particular
item. Mr. Alan Gold, Attorney for Flagler Federal and the Bakery
Centre signed in and addressed those present.
Mr. Gold distributed to the Board and Staff an Informational
Booklet containing items as indicated in the attached Index of
Exhibits. He stated that the issue being brought to the Board this
evening arises from action by the City Commission which was
preceded by lengthy discussions between himself, City Staff and the
Florida Department of Community Affairs. He cited the State
Statute governing the Comprehensive Plan which has a provision
concerning the filing of applications for Comprehensive Plan
Amendments when an applicant also asks for an amendment to a
Development of Regional Impact (DRI) or files an application for
PB Minutes 1 04 -30 -91
a DRI. Since the Florida Legislature took into consideration that
these DRI's should be given certain priorities, the Statute
recognizes that an applicant can request the Local Planning Agency
(LPA) to permit the applicant to file out of order, in terms of
local procedures or State Statutes, on the number of times a year
Comprehensive Plan Amendments may be filed. State Statutes as
amended in 1985 permitted local governments to accept Comprehensive
Plan Amendments two times a year. The City of South Miami
Ordinance regarding this matter was passed in 1982 and has a
different.procedure. Mr. Gold requested clarification from Florida
State Department of Community Affairs (DCA) regarding whether or
not he and his clients could file such an application under State
Statutes and DCA rules in conjunction with their proposed amendment
to the Bakery Centre DRI and request for an amendment to the City's
Comprehensive Plan. Mr. Gold displayed a letter from DCA, dated
02- 18 -91, stating that the City of South Miami may consider Plan
amendments relating to changes in the Bakery Centre Development
Order without regard to such limits.
At that time, City Manager William Hampton requested that Special
Counsel to the City, Gregory Borgognoni, prepare a memorandum on
the legal aspects of the filing. After hearing all the
information, the City Commission adopted Resolution # 39 -91 -9103
requesting this Planning Board (as the LPA) to consider allowing
Flagler Federal and the Bakery Centre to file their application in
conjunction with their DRI amendment.
Mr. Gold explained that the reason for as request at this time is
that there are time limitations involving prospective tenants of
the Bakery Centre. Macy's has submitted a letter of intent and
Nieman Marcus is preparing a letter of intent. Macy's has agreed
to extend their letter of intent. If this project must wait until
the next opportunity allowed under City Ordinance, October of 1991,
to even begin the application process, the project will be killed
before it can be started. This application is being brought
before the City so that it may be debated on its merits and not
just on the procedures.
Mr. Robert Swarthout, principal planner in the development of the
Comprehensive Plan for the City of South Miami, was introduced by
City Manager Hampton. Mr. Swarthout stated that, as a planner, he
suggests that the Board honor this request and decide to consider
the application at this time rather than waiting until the Fall
when it would normally be filed. He makes this recommendation for
the same reasons as were cited by Mr. Gold; it is an important
substantive question and he sees no advantage to delaying
substantive consideration when there are procedural means at hand
to commence that consideration early on. In his opinion, there is
no legal obligation for this Board to consider the application at
this time. However, it is his suggestion that they do so. If the
PB Minutes 2 04 -30 -91
Board does decide to proceed with the application, then there are
a number of procedural decisions that the LPA must make as to the
manner in which the application will be handled. Mr. Swarthout
and his associates are prepared to discuss those at any time the
Board sees fit. His initial suggestion is that the application be
accepted.
Mr. Gutierrez asked if a determination of the procedures is to be
made tonight. Mr. Swarthout said that he believes not but suggests
that, if the application is accepted tonight, a workshop should
also be scheduled to decide on the procedures.
Mr. Ligammare clarified, stating that the Board is not taking a
vote or stance on anything to do with the specifics about the
application. The only subject tonight is the acceptance of the
application, starting the process. Subsequent public hearings and
meetings will provide opportunities to get into specifics of the
proposal that the Bakery Centre project will present to the City
and this Board.
Mr. Hampton introduced Mr. Gregory Borgognoni as special legal
counsel to the City in this matter. He also introduced Mr. Steve
Pitkin, a planner with Mr. Swarthout.
Mr. Swarthout stated that the Board might want to consider making
a motion contingent upon Flagler Federal agreeing to pay for the
professional expenses incurred in reviewing the application and to
indemnify the City against any litigation which might result from
the application and related development orders. Mr. Borgognoni has
prepared such an agreement, which has been distributed among the
Board members. In addition, a proposed time frame may be included
for this application.
Mr. Hampton stated that, if the Board accepts this application, it
could be predicated upon the time of filing. At the same time the
application is filed, Flagler Federal will submit a signed
agreement stipulating their willingness to pay for consultant and
potential litigation costs which may result from the City's actions
on the Bakery Centre.
Mr. Borgognoni stated that there is nothing before the Board
tonight suggesting any particular decision as to the merits of any
specific proposal for the Bakery Centre. He reiterated the reasons
already stated by Mr.Gold as to time constraints and because of the
exception in the State Statutes relating to a change in the DRI.
State Statutes say that those time limits do not apply, therefore,
Mr. Gold is legally permitted to request of this Board to be
allowed to make application. It is within the Board's discretion
to do so or not. If the Board agrees to allow the request and
designate a time within which to file, Mr. Gold will do so, on
behalf of Flagler Federal.
PB Minutes 3 04 -30 -91
Mr. Gold stated that his client has voluntarily committed to pay
for the City's out -of- pocket expenses related to this project;
these will be paid as long as they are reasonable and there is
back -up data. They also, voluntarily, agreed to proffer an
indemnification to the City. The draft of this document was
received the day before this meeting, which did not allow enough
time for review. There are some language refinements which will
have to be made, but they would proffer a unilateral
indemnification voluntarily to the City as part of their
application.
John Fletcher, an attorney in the City of South Miami asked to
speak at this point, and was recognized by the Chair. Mr. Fletcher
introduced himself and proceeded to advise that there is a lawsuit
pending against the City because, at a recent City Commission
meeting which he attended, he was not allowed to speak on this
subject, so he filed a lawsuit challenging the action of the City
Commission in referring the matter back to the Planning Board
before he had a chance to address the Commission. He cited Florida
Statute Chapter 163.3187 which addresses amendments to the adopted
Comprehensive Plan and is the authority that the Bakery Centre
claims it will file its application under if allowed by this Board.
He quoted from the text, "any local government Comprehensive Plan
amendments directly related to a proposed DRI ...may be initiated
by a LPA and considered by the local governing body." He stated
that, in this case, the Planning Board is not initiating a change
to the plan. It is being asked to let someone else, out of
sequence under City ordinance, to initiate an amendment to the
Plan. Mr. Fletcher asked if once one property owner is allowed a
favor by circumventing the law, can his clients circumvent the law
by filing for an amendment also? Since the amendment process is
being opened, these clients could bring changes before the Board.
He cited an example of allowing eight stories as opposed to four
stories. Mr. Fletcher suggests that this Board is being used,
under authority of this section, as the foil for the initiation,
not of an application by the Board but, rather, a private property
owner and the Board does not know what that property owner intends
to apply for, officially.
Mr. Borgognoni responded by stating that it is his opinion, and
that of DCA, that Mr. Fletcher's interpretation of the Statute is
incorrect. Initiation of the Statute will occur when the Planning
Board takes action and submits that action to the City Commission.
This is done by opening the application process here.
Mr. Eisenhart asks, if the Board agrees to this request tonight,
would this prevent anyone else, such as Mr. Fletcher's clients,
from applying for such an application under the same amendment to
the Comprehensive Plan. Mr. Borgognoni replied that this does not
PB Minutes 4 04 -30 -91
open up the process to everyone. Only to those who would have a
similar application related to a DRI and changes therein. It is
also discretionary, so any other applicants who come, using this
statute, the Board would not necessarily be allowed to submit an
application. As October draws near, there are fewer reasons to
request this consideration since the normal time frame will then
be approaching.
Mr. Eisenhart asked what is projected as the normal time process.
Mr. Borgognoni stated that the maximum time allowed by State
Statute is twice per year. City Ordinance allows it once every
other year. Mr. Swarthout has prepared a detailed analysis of this
subject and reports that the acceptance of an application from a
property owner and the subsequent initiation of an amendment to the
Comprehensive Plan by the LPA forwarding a proposal to the City
Commission out of time sequence as this one would be can only occur
when related to a DRI. Apparently, the Bakery Centre is the only
DRI in South Miami and any other change of land use that was taken
out of the regular sequence, pursuant to this statute and any
authorization the Board has to take it out of sequence, would have
to be related to a DRI. This does not open the door, in general,
for any property owner to seek a Comprehensive Plan amendment out
of sequence.
A project of this magnitude will require much study and
deliberation on the part of this Board. It will require
substantial input from professional advisors also. For that
reason, Mr. Swarthout has prepared a flow -chart which shows the
work extending over a period of 18 months before a final action is
completed. It is technically possible to compress the work into
a shorter time frame but it will be very difficult to do so.
Additionally, Mr.Swarthout stated that, even though the property
owner "started the ball rolling ", this Board, following the
procedural recommendations which- he will make, will give very
careful consideration to this proposal. If the Board wishes, based
on its own judgement, it can modify that proposal until it becomes
their proposal and will be the Board's own amendment that will be
initiated, not the amendment of the property owner. This is true
whether or not the Board decides the property owner's proposal
would be just right for the City of South Miami or if they decide
that something else is better. By the time the process is
completed, the Board may have an amendment that they can initiate
as their own.
Mr. Gutierrez asked Mr. Gold if the proposed 18 month time frame
from Mr. Swarthout Is flow chart was adequate for the property owner.
Mr. Gold noted that his proposed time table had been predicated
upon having been heard sooner by the City Commission.
PB Minutes 5 04 -30 -91
Mr. Lefley stated that his understanding of Chapter 380 is that a
plan must be filed and not a shell. How can a municipal Board such
as this approve something in a vacuum? He asked if the Board is
being asked for a Resolution to, in effect, begin this project in
a shell fashion? Mr. Borgognoni explained that the Board is not
being asked to approve anything based on a shell or with no
information before them but to allow Flagler Federal to submit the
information to them so that they can proceed as if this were
October.
Mr. Gold explained that, under this State Statute, when Flagler
Federal files for an amendment to the existing DRS, they are
permitted to request the City to allow them to also file for an
amendment to the City's Comprehensive Plan. Therefore, Flagler
Federal will be filling two items; (1) an amendment to the DRS and
(2) the Comprehensive Plan amendment related to it, filed as part
of their application. The indemnification agreement will be
proffered with the application.
Mr. Eisenhart asked Mr. Borgognoni if, in the event that Flagler
Federal were to be taken over by the Resolution Trust Corporation
(RTC), does the RTC not have the right to negate all agreements?
Mr. Borgognoni did not know the answer but stated that he would get
the information and advise the Board.
Mr. Swarthout suggested the wording for a motion which the Board
may use in making their own motion. Someone on the Board will have
to make the motion and it will be seconded by another member. " 1
move that the City of South Miami LPA accept an application from
Flagler Federal Savings and Loan for a Comprehensive Plan amendment
related to a change in its previously approved DRI for the Bakery
Centre. The LPA will review the application and initiate its own
Comprehensive PLan amendment. Acceptance of the Flagler Federal
Savings and Loan application will be contingent upon Flagler
Federal Savings and Loan agreeing to pay all consultant costs
related to review of the application and the formulation of the
LPA's own amendment and also to indemnify the City against all
litigation resulting from the Comprehensive Plan amendment and
implementing development orders. The agreement shall be in the
form acceptable to the City Manager. The motion to accept the
application is good for a period of days."
Mr. Eisenhart asked for the City Manager's opinion on the suggested
motion. Mr. Hampton replied that he has no problem with the
suggestion. Mr. Eisenhart asked if this should not be a resolution
rather than a motion. Mr. Hampton suggested consulting with the
attorneys but that, it is his belief that a resolution is just a
form of a motion. One is verbal and one is written. Mr.
Borgognoni stated that the only difference would be if there is
PB Minutes 6 04 -30 -91
something in City law saying that the Board must act by Ordinance
but he feels certain this is not the case in this type of action.
It can be done by motion, resolution or whatever the Board chooses
to call it.
Mr. Gutierrez asked why the Comprehensive Plan must be changed when
there is only an amendment to a PUD? Mr. Swarthout stated that,
his understanding of the proposal Flagler Federal will bring
forward, will provide for more intensity of development than
allowed by -the Comprehensive Plan at this time and therefore, in
order to accommodate that intensity of development, a Comprehensive
Plan amendment is necessary.
Mr. Gutierrez also asked if there is not a process for amending a
PUD within City Code even if the PUD had been previously approved?
Mr. Swarthout stated that there is such a process within the Code
but that no action may be taken on a development order that is
contrary to the Comprehensive Plan. The old PUD could be developed
as approved but a change to that PUD which is inconsistent with the
new Comprehensive Plan provisions, major or minor, cannot be
approved.
Mr. Hampton demonstrated on the City map the location of the Bakery
Centre property, showing two different types of land use on the
same parcel. Based on his understanding of the proposal by Flagler
Federal a change of land use must take place so that both parts
of the parcel can be used in the same manner. This zoning change
would also require a change in the Land Development Code. The
entire parcel is under the PUD.
Mr. Gutierrez made a motion to accept the resolution as per the
wording by Mr. Swarthout as stated.
Mr. Swarthout reminded the Board that they must set the time limit.
Mr. Gutierrez stated that thirty (30) days would be acceptable.
Seconded by Mr.Parr.
In discussion, Mr. Eisenhart stated the indemnification agreement
is not clear enough to him. He would like it to state that an
agreement to indemnify the City from all litigation and to cover
all associated costs relative to this proposal and also, since the
City will be out -of- pocket on the agreement, he proposes that
Flagler Federal be required to place a deposit, like a retainer,
with the City. The proposed amount is $10,000. which would cover
costs in advance. This would assure the payment of those
consultants as the billing is received and relieve the City of such
immediate debts.
PB Minutes
04 -30 -91
Mr. Swarthout stated that it would not be unreasonable to include
this addendum to the agreement, even within this evening's
resolution. This is often done in development reviews. The amount
is high on average but not particularly high considering the
magnitude of this project. It is also possible that, rather than
specifying a particular amount, to indicate that the consultants
will not work on the application unless the fees are provided in
advance and so, without specifying the amount, the City Manager
would be authorized.to negotiate an agreement in which the City
would stop -the process unless there were up -front fees to cover the
immediately anticipated costs. This is another option.
Mr. Lefley addressed Mr. Borgognoni asking if there is any legal
difference between the Commission's reference to amendments to the
Comprehensive Plan, Mr. Gold's reference to amendments to the
Comprehensive Plan and Mr. Swarthout's resolution referring to
changes to the Comprehensive Plan? Mr. Borgognoni answered "No"
and stated that the motion should be changed from "change" to
"amendment ", which is the language of the Statute.
Mr. Gutierrez, referring to Mr. Eisenhart's request for the
$10,000. deposit, asks if this would not set a precedent by forcing
Flagler Federal to leave a deposit when they offered to pay the
consultants and legal fees in the event of law suits brought about
by this project? Would this not discriminate between applicants
who come to the Board for changes in the Comprehensive Plan and do
not offer to pay these costs? This is not required within City
Code. Mr. Borgognoni stated that the City can force applicants to
pay fees but cannot be discriminatory. This action would not be
discriminatory because there is no other applicant similarly
situated. So, this type of restriction can be legally imposed.
Mr. Borgognoni agrees that this is good policy for the Board to
discharge the costs in this manner. Mr. Swarthout noted his belief
that there is provision in City Code that applicants pay the costs
of development reviews. Ms. Lama stated that Code does not provide
for a deposit.
Mr. Lefley stated that he understands from the Land Development
Code that this Board does not have the authority to make
recommendations on contracts or sums of money such as this. Only
the Commission can do so. City Manager Hampton said that, as far
a deposit is concerned, he knows of nothing that either requires
or prohibits it, and it is not uncommon.
Mr. Eisenhart proposed an amendment to the resolution as he stated
previously. Mr. Lefley seconded the amendment.
Vote: Approved: 3
(Eisenhart)
( Lefley)
(Thorner)
Opposed: 3
(Gutierrez)
(Parr)
(Ligammare)
PB Minutes 8 04 -30 -91
Mr. Hampton advised that in the case of a tie vote, the main motion
is then addressed.
Vote:
PB -91 -011
Applicant:
Approved: 5
John Amat
Opposed: 1
(Eisenhart)
Request: PETITION TO CLOSE ROAD, pursuant to F.S. 336.09
Legal: That certain 14 foot wide alley lying between Lots
5 through 8, inclusive, and Lot 9 of Riviera Pines,
according to the Plat thereof, as recorded in Plat
Book 22 at Page 20 of the Public Records of Dade
County, Florida.
Location: Near 53`d Terrace & Red Road
City of South Miami, Florida
Attorney for Mr. Amat, Ms. A. Fernandez - Fraga, and Mr. Amat signed
in. Ms. Fernandez -Fraga stated that this request, should it be
granted, would benefit Mr. Amat as well as the co- petitioners, who
were not present. This is an alley, dedicated on the original plat
of Riviera Pines. Riviera Pines is only one block long and only
faces 53rd Terrace. As a result, the two alleys that are platted,
in particular, the one on the south side which is the only one that
is a part of this petition, do not lead to any place. They are
dead -ends, not completely paved. The alley is principally used
by Mr. Amat as a drive -way to his property. The City would benefit
by this action by collecting property taxes and not being
responsible for its upkeep.
Mr. Amat said that this alley is used as a dumping ground for old
cars, etc and his use of the property would eliminate unauthorized
persons from frequenting the area.
FPL representative Hector Artez explained that in a letter he sent
to the City Manager, he stated that FPL does not oppose the closing
of the road provided an easement for utilities from the property
owners assuming the alleyway is granted. Ingress and egress
permission will be included for maintenance and operation of FPL
facilities as necessary at any time. This easement cannot be built
upon but FPL does allow property owners the right to erect fences
across the easement.
Mr. Lefley noted that of the names on the petition, only those of
John Amat and Arabella and Carmen Acevedo are property owners whose
PB Minutes 9 04 -30 -91
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RESCINDING RESOLUTION NO. 39 -91-
9103, WHICH PROVIDED THAT THE PLANNING BOARD OF THE
CITY INITIATE THE APPLICATION OF FLAGLER FEDERAL
SAVINGS AND LOAN ASSOCIATION TO FILE A COMPREHENSIVE
PLAN AMENDMENT IN CONJUNCTION WITH ITS AMENDMENT TO THE
DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER FOR
THE BAKERY CENTER
WHEREAS, at the April 16, 1991 Commission Meeting, the City of
South Miami passed and adopted Resolution No. 39 -91 -9103 providing
that the Planning Board of the City of South Miami as the local
planning agency within the meaning of F. S. 163.3187 initiate the
application of Flagler Federal Savings and Loan Association to file a
Comprehensive Plan Amendment in conjunction with its amendment to the
development of Regional Impact Development Order for the Bakery
Center; and
WHEREAS, both at that Meeting and thereafter by lawsuit filed
against the City, John Fletcher indicated his inability to speak
nullified the effectiveness of the Resolution; and
WHEREAS, the Mayor and City Commission wish to deal with this
matter in the most expeditious and most equitable manner possible,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That, without acknowledgement of the merits of the
position taken by John Fletcher at the Commission Meeting of April
17, 1991 and /or in his subsequent lawsuit, Resolution 39 -91 -9103, be,
and the same is, hereby rescinded.
Section 2. That the issue raised in the aforesaid Resolution
be considered anew following the passage of this Resolution, and that
Mr. John Fletcher be given an opportunity to express himself
regarding the issue.
tl'J
PASSED AND ADOPTED this th day of May, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I o
APPROVED:
MAYOR
E
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPROVING NEWSRACK LOCATIONS WITHIN
THE CITY OF SOUTH MIAMI PROPOSED BY HARMON PUBLISHING
COMPANY.
WHEREAS, by Ordinance No. 12 -90 -1451, adopted August 21,
1990, specific requirements for the placement, installation and
maintenance of newsracks in the City of South Miami were enacted;
and
WHEREAS, pursuant to that Ordinance, the Harmon Publishing
Company has submitted ffi -- .. proposed locations attached hereto
as Exhibit "A "; and D,
WHEREAS, the City Manager has approved the locations as
having met the requirements of the aforesaid ordinance; and
WHEREAS, the Ordinance further requires the approval of the
City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That the five (5) proposed newsrack locations
set forth in the attached Schedule "A" submitted by the Harmon
Publishing Company be, and the same hereby, are approved.
PASSED AND ADOPTED this day of , 1991.
APPROVED:
ATTEST:
MAYO R
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
•:•�' City of South Miami
INTER — OFFICE MEMORANDUM
TO: William Hampton DATE: 5 -16 -91
City Manager
FROM! Sonia Lama, AIA SUBJECT: Harmon
B & Z Director Newsracks
Harmon Publishing Company has requested approval for newsracks
in the following locations:
1. Eckerd's
2. Bakery_Centre
3. First National Bank
72 Street & 58 Avenue
72 Street & 57 Avenue
73 Street & 57 Court
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPROVING NEWSRACK LOCATIONS WITHIN
THE CITY OF SOUTH MIAMI PROPOSED BY USA TODAY PUBLISHING
COMPANY.
WHEREAS, by Ordinance No. 12 -90 -1451, adopted August 21,
1990, specific requirements for the placement, installation and
maintenance of newsracks in the City of South Miami were enacted;
and
WHEREAS, pursuant to that Ordinance, the USA Today
Publishing Company has submitted se.uzi -- proposed locations
attached hereto as Exhibit "A "; and LIU
WHEREAS, the City Manager has approved the locations as
having met the requirements of the aforesaid ordinance; and
WHEREAS, the Ordinance further requires the approval of the
City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That the Seven (7) proposed newsrack locations
set forth in the attached Schedule "A" submitted by the USA Today
Publishing Company be, and the same hereby, are approved.
PASSED AND ADOPTED this day of , 1991.
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
149
APPROVED:
MAYO R
v
City of South Miami
INTER — OFFICE MEMORANDUM
TO: William Hampton DATE: 5 -16 -91
City Manager
F "O"" Sonia Lama, AIA sueJECT: USA Today 1�r B & Z Director Newsracks
USA Today has requested approval for newsracks in the
following locations:
1. Allen Drugs 4000 SW 57 Avenue
2. Bakery,.Centre Sunset Drive & 57 Avenue
3. Lee's Pharmacy Sunset Drive & 59 Place
4. JJ's American Diner Sunset Drive & 59 Avenue
5. Eckerd's Sunset Drive & 58 Avenue
6. Health Food (Crossroads) 7212 SW 57 Avenue
/;000
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CM.N43
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DENYING AN APPEAL BY
STANLEY WIEDER FROM THE ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD REGARDING A POLE SIGN FOR THE
PROPERTY LOCATED AT 6114 SOUTH DIXIE HIGHWAY, SOUTH
MIAMI, FLORIDA 33143
WHEREAS, Stanley Wieder has appealed a decision by the
Environmental Review and Preservation Board of the City of South
Miami on March 3, 1991 and again on March 19, 1991 regarding a
pole sign for the property located at 6114 South Dixie Highway,
South Miami, Florida 33143;
WHEREAS, that Appeal has now been heard by the South Miami
City Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
§,egtign That the Appeal by Stanley Wieder from a
decision by the Environmental Review and Preservation Board of
the City of South Miami on March 3, 1991 and again on March 19,
1991 regarding a pole sign for the property located at 6114 South
Dixie Highway, South Miami, Florida 33143, be, and the same is,
hereby denied.
PASSED AND ADOPTED this th day of May, 1991.
APPROVED:
MAYOR
ATTEST:4
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Y
M I N U T E S
E_ R_ P_ B_
Environmental Review & Preservation Board
Commission Chambers
March 19, 1991
9:00 AM
1. Call to order
2. Roll Call
3. Requests for approval
A. EB -91 -023
Pole Sign: RESUBMISSION
Applicant: Stanley Wieder
Address: 6114 S. Dixie Hwy
Represented By: Signs, Inc.
Mr. Roy Pearson of Signs, Inc. signed in. Motion by Susan Wilson
to deny with recommendations: make the sign itself smaller by
reducing content. Seconded by Mr. Hochstim.
Vote: Denial approved: 4 Opposed: 0
B. EB -91 -028
Wood Fence
Applicant: Barry Zwibelman
Address: 6131 S.W. 86 Street
Represented By: AAA Fence
There was no representative present. Mr. Hochstim made a motion
to approve. Seconded by Mr. Jesmer.
Vote: Approved: 5
C. EB -91 -029
Applicant:
Address:
Represented By:
Opposed: 0
Fence and Accessory Shed
Teresita Moran
5885 S.W. 80 Street
Self
Ms. Moran signed in. Mr. Hochstim moved to approve subject to the
removal of the chain link fence on that portion of the property
where the wood fence is proposed and that two gates be allowed,
ERPB Minutes
IV
�3
1
E9 < -�91
P
C. EB -91 -019 Concrete Wall & Gates: RESUBMISSION
Applicant: Manuel A. Del - Valle, Jr.
Address: 6401 Miller Road
Represented By: Kendall South Fence Co., Inc.
Rhona Isgar, representing Kendall South Fence Co., Inc. signed in.
Mr. Hochstim and Ms. Wilson objected to the use of a wooden,
unpainted gate with a painted, concrete wall. There is too much
contrast between types. Wrought iron would be preferable. Mr.
Jesmer made a motion to approve subject to the use of smooth stucco
on the top of the concrete wall and sloping it toward the inside
or beveling the concrete. Seconded by Mr. Shaw.
Vote:
Approved: 2
Opposed: 3
(Hochstim)
(Wilson)
(Wo 1 f sohn )
Mr. Jesmer restated the motion with the addition of the deleLicn
of the gate(s) and the sloping of the top of the stucco towards
the inside of the property. Seconded by Ms. Wolfsohn.
Vote: Approved: 3
D. EB -91 -023
Applicant:
Address:
Represented By:
Opposed: 2
(Hochstim)
(Wilson)
Pole Sign
Stanley Wieder
6114 South Dixie Highway
Signs, Inc.
There is no representative present. Mr. Hochstim moved to deny as
the proposed sign is too busy; the height is unsafe and a liability
factor; the interchangeability allows the aesthetics to be too
flexible; the location is not specified. Seconded by Mr. Jesmer.
13
Vote: Denial approved: 5 Opposed: 0
E. EB -91 -024
Applicant:
Address:
Represented By:
ERPB Minutes
Flat Sign
Courey Investments
5821 S.W. 70 Street
Edward Rogers, D I Signs by Abracadabra
2 =03-05-91
HA. R,,LEE CENTRE
MINUTE GOLD COAST MAN ? �I
CELLULAR PHONE PRESS
ILLUISONS PACKAGES
FLORIST BQXE$ -J '
BAT RBPTAN N
--'--.'-
NIMALCLINIC� .
PARKING IN REAR:
7,0
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signs inc.
5865 commerce lane, south miami, florida 33143
(305) 666 -3624
l t
C /TY C'Z�--ie,K
4(1'77-/ 1,V1,5/'!1
vv f' d. Ego' y .P� ���.: wri 7Z) O't1
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minds over signs since 1955
RESOLUTION N0,
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $35,661.53 REPRESENTING
FEES INCURRED FOR LEGAL REPRESENTATION BY GREGORY
BOROOGNONI OF RUDEN, BARNETT ET AL IN CONJUNCTION WITH
LITIGATION REGARDING THE CITY'S COMPREHENSIVE PLAN
WHEREAS, by Resolution #75 -90 -9102 -the City Commission
authorized the employment of Gregory Borgognoni of Ruden, Barnett
et al in conjunction with litigation regarding the City's
Comprehensive Plan; and
WHEREAS, the City has now received invoices for legal
services rendered pursuant to the aforesaid Resolution for the
period ending October 1, 1990 for a total of $35,661.53;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, authorized
to disburse the sum of $35,661.53 to Gregory Borgognoni of
Ruden, Barnett et �. for legal services rendered in conjunction
with litigation regarding the City's Comprehensive Plan.
Section 2._ The disbursement be charged to account number
2100 -5570: "Reserve for Prior Years Encumbrances ".
PASSED AND ADOPTED this th day of May, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
FEDERAL ID# 59. 1307357
RUDF�,,�RNETT. MCCLOSKY, SMITH, SCHUSTER, & RUSSELL. P. A.
— . _--- •�; a �a
ATTORNEYS AT LAW
110 EAST BROWARD BOULEVARD
•,..- POST OFFICE BOX 1900
FORT LAUDERDALE. FLORIDA 33302
DEC ', rl (305) 764-6660
�. 'SEC 12 1990
FINANCE Dat AK•( IV)LIV i � STATEMENT OF ACCOUNT _
CITY OF SOUTH MIAMI, FLORIDA December 4, 1990
City Hall Client No. CI18371
6130 Sunset Drive
Miami, Florida 33143
This is a statement of unpaid invoices as of December 4, 1990
for Client No. CI18371. Invoices normally sent to another
address are not included in this summary. Please send your prompt
payment for any invoices listed below which are thirty days old or
greater. To ensure proper crediting of your account, please write
your client or invoice number on your check. Thank you.
Sales Late
Fees Disb, Tax Charge
1 Land Use Master Plan
13,683.00 976.35
9/10!90
10/10/90 16.00 150.45
Total 13,699.00 1,126.80
2 City of South Miami /adv.Meenan
9/10/90 3,964.50 13.50
10/10/90 11,691.50 784.09
Total 15,656.00 797.59
14,659.35.
166.45
14,825.80
3,978.00
12,475.59
16,453.59
3 adv. Steinbauer
9/10/90 1,332.00 28.32 1,360.32
10/10/90 25.50 37.24 62.74
---- - - - - -- ---- - - - - -- --- - - - - -- --- - - - - -- .----- - - - ---
Total 1,357.50 65.56 1,423.06
4 adv. Elias
10/10/90 2,361.00 149.08 2,510.08
MIAMI OFFICE MIAMI BEACH OFFICE BOCA RATON OFFICE TALLAHASSEE OFFICE
(305) 789 -2700 (305) 673 -1100 (407) 391 -2800 (904) 681 -9027
A MONTHLY LATE CHARGE SHALL BE ASSESSED ON ACCOUNTS THAT ARE 90 DAYS OLD OR GREATER AND SHALL BE
CALCULATED AT A RATE OF 1% PER MONTH (12% ANNUALIZED) ON THE "OVER 90 DAY" BALANCE ON EACH FII E
FEDERAL IN 59. 1307357
RUDEN, BARNETT? MCCLOSKY. SMITH, SCHUSTER, & RUSSELL, P. A.
ATTORNEYS AT LAW
110 EAST BROWARO BOULEVARD
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
CITY OF SOUTH MIAMI, FLORIfMI7"4660 Page 2
Sales Late
Fees pisb, zax Charge Total
5 adv. Steiglitz
9/10/90 395.00 395.00
10/10/90 54.00 54.00
---- - - - - -- ---- - - - - -- --- - - - - -- --- - - - - -- ---- - - - - --
Total 449.00 449.00
---- - - - - -- ---- - - - - -- --- - - - - -- --- - - - - -- ---- - - - - --
CLIENT
TOTAL 33,522.50 2,139.03 35,661.53
If you have questions regarding your account, please contact
our Accounts Receivable Coordinator, Irene Adams Harden, at
(305) 764 -6660.
MIAMI OFFICE MIAMI BEACH OFFICE BOCA RATON OFFICE TALLAHASSEE OFFICE
(305) 769 -2700 (305) 673 -1100 (4071 391 -28W (904) 661 -9027
A MONTHLY LATE CHARGE SHALL BE ASSESSED ON ACCOUNTS THAT ARE 90 DAYS OLD OR GREATER AND SHALL BE
CALCULATED AT A RATE OF 1% PER MONTH 02% ANNUALIZED) ON THE "OVER 90 DAY" BALANCE ON EACH FILE.
RtmEN, BARNE77, MCCLOSKY, SMITH, SCHUS'iITi R RUSSELL,
ATTORNEYS AT UAW
110 EAST D'IOWARD WULEVARD
POST OFFICE 13OX 1940
FORT LAUDERDALE. FLOROA 3=
(305) 7d"M
CITY OF SOUTH MIAMI, FLORIDA
City Hall
6130 Sunset Drive
Miami, Florida 33143
ile No. 1
FEDERAL ION bWiJU14b/
September 10, �,4.9Q,
Invoice No.�62374
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
and Use Comprehensive plan Litigation.
/23/90 G. Borgognoni .5
/21/90 G. Borgognoni 2.3
1/22/90 G. Borgognoni .5
(/12/90 L. Reynolds .6
7/12/90 G. Borgognoni 2.1
7/17/90
L.
Reynolds
5.0
7/16/90
L.
Reynolds
4.3
7/19/90 L. Reynolds 3.6
,7/20/90 L. Reynolds .2
:7/20/90 G. Borgognoni 1.2
)7/20/90 G. Borgognoni 1.2
07/22/90 L. Reynolds
07/23/90 L. Reynolds
07/23/90 L. Reynolds
y11Ab41 OFFICE
{3aSI m-2700
1.0
.4
125.00 Meeting with Mayor McCann, Bill Hampton
and Rosemary Wascur8 regarding cases.
575.00 Regarding City of South Miami. Review
files; prepare witness list; research.
125.00 Regarding City of South Miami. Finalize
witness list and serve.
a1.00 Conference with Greg Borgognoni, Esq.;
review pleadings in Stieglitr V. City of
South Miami.
283,50 Re: Steiglitz; meeting with Martin Berg
regarding Motion to Dismiss; review file;
research regarding same; conference with
Lisa Reynolds regarding same.
675.00 Review files; draft summary of facts and
disposition of previous lawsuits.
580.50 Review transcripts; review appellate
file; conference with Greg Borgognoni,
Esq.
466.00 Prepare for and attend hearing on
Defendant's Motion to Dismiss and Motion
to Strike.
27.00 Conference with Gregory P. Borgognoni.
162.00 Re: Meenan; review pleadings re trial
date; conference with judge's office re:
same; research regarding evidentiary
issues.
162.00 Re: Elias; review pleadings re trial
date; conference with judge's office re;
same; research regarding evidentiary
issues.
135.00 Review File.
54.00 Conference with Greg Borgognoni;
telephone conference with John Fletcher;
review deposition-
54.00
4 54.00 telephoneeconferenceowith John
.gFletcher.
aOCA RATON OFFICE TALLAMASSEE OFFICE
NIAMI BEACH OFFICE 1�7I 96�.Qa00 MN) al-aw?
(7001 673.1100
- - _ -- -_ -•tii -11'1 • - _57644Z-_
RUDEN, BARNETT, MCCLCSKY, SMFM, SCHUSTER, & RUSSELL, P. A.
ATTORNEYS AT LAW
110 EAST BROWARD IM"VARD
1'OBT OFFICE BOX 1900
FORT LAUDERDALE. FLORIDA a=
(3m) 7644W
CITY OF SOUTH MIAMI, FLORIDA
Page 2
,and Use Master Plan
/25/90 G. Borgognoni 2,1
?/27/90 G. Borgognoni 2.3
7/27/90 L. Reynolds 2.0
7/30/90 L. Reynolds .6
7/31/90
L.
Reynolds
.6
8/01/90
G.
Borgognoni
2.1
8/01/90 L. Reynolds 4.3
;8 /01/90 L. Reynolds 2.0
)8/02/90 G. Borgognoni .4
78/03/90 C. Wertheim 4.5
)8/06/90 C. Wertheim
38/07/90 C. Wertheim
08/07/90 L. Reynolds
08/07/90 L. Reynolds
08/08/90 C. Wertheim
08/08/90 L. Reynolds
MIAMI OFFICE
(30b; 789.2 700
fl f
4.0
7.0
.4
3.0
7.3
4.0
FEDERAL bi 59- iwribi
I
September 10, 1990
283.50 Re: Elias; review pleadings; review
witness list; research regarding new
cases on standard of proof.
310.50 Re: Steinbauer; review witness list;
review depositions,
270.00 Conference with GB; Revised file; revised
depos; conference with Martin Bezi;
prepared motions and exhibits list.
81.00 Review Plaintiff witness and exhibits
list prepare subpoenas,for depositions.
81.00 Review Plaintiff Motions and Exhibits
list.
283.50 (Stienbauer, Steiglitz, Meenan) Meeting
with Marty Berg; meeting with Rosemary
Wascura; research.
580.50 Prepare subpoenas for deposition,
telephone call to Martin Berg, telephone
call to %john Fletcher, attended meeting
with Greg Borgognoni and Martin Berg at
City }call.
270.00 Telephone call to Martin Berg, telephone
call to John Fletcher, review file,
prepared chronology, prepare subpoenas.
54.00 (Meenan; Stei.nbauer) Review pleadings.
360.00 Interoffice conference with Lisa C.
Reynolds, organization of documnets.
320.00 Review and organization of documents.
560.00 Review and organization of documents.
54.00 Telephone conference with A. Blackwell
Stieglitz; letter to A. Blackwell
stieglitz; telephone conference with
Clerk of Court.
405.00 Organized city files.
584.00 Review and organizaton of documents,
interoffice conference with Lisa C.
Reynolds, review Crumpton deposition.
540.00 Review depositions of Miles Moss;
telephone conference with Court Reporter;
telephone, conference with John Fletcher;
renotice depos; review documents
contained in City Attorney's files.
MIAMI REACH OFFICE BOCA RATOM OFFICL TAt.LAHA85EE OFFICE
1061 813 1100 1�0T) �p1.2l00 1901) Y1�Q2T
- =f 1.T - . =! If,C�•I t,F+F.i i= , - _, t_f, . _ - "- - - _ _ "; _ c_n� -i4GC-
RvyEN, B,Ui B7T, MCCLO5KY, SmrTN, SCHusnFA 8z RUssELL, P. A.
ATTORNEYS AT LAW
110 EAST WWARD BOULEVARD
POST OFFICE DOX 1000
FORT LAUDERDALE. FLORIDA M=
(W6) 70445W
CITY OF SOUTH MIAMI, FLORIDA
Page 3
and Use Master Plan
/09/90 L. Reynolds 1.6 216.00
/09/90 L. Reynolds 1.8 243.00
/10/90 C. Wertheim 8.5 680.00
/10/90
L.
Reynolds
8.0
1080.00
/13/90
L.
Reynolds
4.0
540.00
/13/90
C.
Wertheim
3.5
280.00
/14/90 L. Reynolds 2.8 378.00
3/16/90 B.
3/22/90 C.
3/23/90 0-
3/27/90 L.
3/27/90 0-
8/28/90 L.
Juza
Wertheim
Wertheim
Reynolds
Wertheim
Reynolds
1.3 110.50
3.8 304.00
.2 16.00
1.0 135.00
.2 16.00
3.9 526.50
8/30/90
L.
Reynolds
4.0
540.0 0
8/31/90
C.
Wertheim
.7
56.0 0
1
FEaERALIN W1307357
September 10, 1990
Review depo of John Steinbauer.
Review depo of Miles Moss.
Interoffice conference with Lisa C.
Reynolds, summarize Robert Swarthout
depositions.
Review, organize city files.
Review deposition of Charles Crumpton;
prepare /attend deposition of Charles
Crumpton; conference with Greg Borgognoni.
Interoffice conference with Lisa C.
Reynolds, summarize Robert Swarthout
deposition.
Preparation and attendance at deposition of
Antonio Friguls; prepare corrected witness
and exhibit list; letter to John Fletcher;
conference with Greg P. Borgognoni; review
Swarthout's deposition.
Corporate searches for Lisa C. Reynolds.
Organization of documents.
Interoffice conference with Lisa C.
Reynolds.
Review background administrative file.
Organization of documents.
Telephone conference with Walter Keller,
traffic engineer; telephone conference with
John Zegeer, traffic engineer; preparation
for and meeting with Robert Swarthout,
conference with Gregory P. Borgognoni,
telephone conference with John Fletcher.
Meeting with John Zegeer; meeting with
Walter Keller.
Organization of file, interoffice
conference with Lisa C. Reynolds, letter to
Swarthout transmitting Planning Board and
City Commission Minutes.
TOTAL HOURS 115.2
TOTAL FOR SERVICES $+13,683.00
WAUl OFFICE uIA111 DEACm OFFICE ROCA RATON OFFICE TALLAHASSEE OFFICE
4105% 189 -7100 ()MI 673-1100 1471 321-M I%a1 001.9m?
RUDEN, BARNETT, MCCLOSKY, SMITH, SGHusTFR. & RUSSELL, P. A.
ATTORNEYS AT LAW
110 EAST POWARD BOULEVARD
POST OFFICE BOX 1500
FORT LAUDERDALE. FLORIDA 31,702
ON) 7544OW
CITY OF SOUTH MIAMI, FLORIDA
Page 4
and Use Master Plan
DISBURSEMENTS
John B. Fletcher, Esq.
Carolyn Smith, Esq.
Charles L. Crumpton
Milos Moss
David Rich
Antonio Friguls
Caplan /Markowitz & Gibson
Miles Moss
Long Distance Telephone Calls
Photocopies
Fax Charges
Corporate On -Line Research
Campbell Auto Park
Subpoena
Court House Express Couriers
MIAMI OFFICE MIAMI REACH OFFICE
:335) 761.2700 13MI 673-1100
.V. �'J r• _v..l.11 .7
FEDERAL IAA aa1307157
September 10, 1990
575,00
75.00
6.50
7.50
7,50
7.50
72.00
7.50
2.55
53.75
14.00
60.00
10.00
25.00
22.55
DISBURSEMENTS TOTAL $976.35
TOTAL $14,659.35
OOCA RATAN OFFICE TALLAHASSEE OFFICE
(4071 381.2100 (1041 01.6027
RUDEN, BARNETT. MCCLOSKY, SMITH, ScHUSTER, & RUSSELL, P. A.
ATTORNEYS AT LAW
i 10 EAST BROWARD BOULEVARD
POST OFFICE BOX 1000
FORT LAUDERDALE. FLORIDA 3=
{3061 7640
i wft1 0 a V .
CITY OF SOUTH MIAMI, FLORIDA
City hall
6130 Sunset Drive
Miami, Florida 33143
.FEDERAL IDS j41�OT3bT
September 10, 190
Invoice No. 162375'
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
ile No. 2
and Use Comprehensive
Plan litigation
/14/90 G. Borgognoni
4.2 735.00 Prepare for and attend depositions of Mr,
and Mrs. Meenan and David Rich (Meenan's
son). Post - deposition conference; review
file and witness list regarding any
remaining pre -trial motions to be filed.
)/15/90 L. Reynolds
3.0 405.00 Prepare and attend deposition of David
Rich, Jean Meenan, William Meenan;
conference with Greg Borgognoni.
3/20/90 L. Reynolds
.6 81.00 Prepare request for production;
conference with Greg Borgognoni, Esq.
3/21/90 G. Borgognoni
.3 52.50 Conference with Lisa Reynolds regarding
Motion for Continuance; further trial
preparation.
?/21/90 L. Reynolds
1.6 216.00 Preparation and attendance at hearing on
Defendant's Motion for Trial Continuance;
conference with Gregory P. Borgognoni,
Esq.
8/22/90 L. Reynolds
2.0 270.00 Telephone conference with Robert
Swarthout; review deposition; conference
with Gregory P. Borgognoni, Esq.
8/23/90 L. Reynolds
4.0 540.00 Review documents produced at John
Fletcher's office; conference with Greg
Borgognoni, Esq.; review exhibits to
Swarthout's deposition; conference with
Robert Swarthout.
8/24/90 L. Reynolds
3.0 405.00 view subject property; prepare motion to
view pursuant to 1.520 Florida Rules of
Procedure; conference with Gregory P.
Borgognoni, Esq.
8/28/90 G. Borgognoni
.8 140,00 Meeting with expert witness.
MIAMI OFFICE MIAMI BEACH OFFICE BOCA WON OFFICE TALLAHASSEE OFFICE
(3051789.770( (305) 873.1100 (407i 361.2000 100 1011•/077
RUDEh, BAmETTI', MCCLOSxY, SmrrH, SCHUSFER, 8 RUSSELL, P. A.
ATTORNEYS AT LAW
110 EAST SROWARO BOULEVARD
POST OFFICE BOX 1800
FORT LAUDERDALE. FLORIDA 33302
(305) 7644M
FEDEML 100 W1307357
�l
CITY OF SOUTH MIAMI, FLORIDA
September 10, 1990
Page 2
ity of South Miami /adv.Meenan
/30/90 G. Borgognoni 4.2 735.00 Meeting with expert witnesses; trial
preparation.
/31/90 G. Borgognoni 2.2 395.00 Trial preparation.
TOTAL HOURS 25.9
TOTAL FOR SERVICES $3,964.50
DISBURSEMENTS
Photocopies
DISBURSEMENTS TOTAL
TOTAL
13.50
$13.50
$3,976.00
MIAMI OFFICE MIAW BEACH OFFICE BOCA RATON OFFICE TALLAHASSEE OFFICE
(Mj) 799.2100 (709) 671.1100 N071391.UM ($04) in -YOQ7
.=! Sr=i•! aHFHE77 -c_ :_
RUDEN, BAKNETf, MCCLOSKY, SMITH, SCHUS OF & RUSSELL, P. A,
ATTORNEYS AT LAW
110 EAST BADWAR0 BOULEVARD
POST OFFICE BOX ISO
FORT LAUDERDALE. FLORIDA UM2
(906) 7644900
CITY OF SOUTH MIAMI, FLORIDA
City Hall
6130 Sunset Drive
Miami, Florida 33143
FEDEML IN W1907967
September 10, 1990
Invoice No. 162376
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
'ile No. 3
.,and use comprehensive
plan litigation
3/13/90 G. Borgognoni
4.2 735.00 Prepare for and attend deposition of
Charles Crumpton; conference with Lisa
Reynolds regarding pre - trial preparation
and Motion for Continuance with Mr.
Fletcher regarding depostions of Mr.
Steinbauer and Miles Moss (traffic
expert).
8/14/90 G. Borgognoni
2.1 367.50 Attend deposition of Anthony Friguls;
post deposition conference with court
reporter; review files to prepare for
Meenan depositions.
8/20190 L. Reynolds
1.7 229.50 Review
motionncalendaraon
nd Defendant's
Motion for Continuance; telephone
conference with John Fletcher.
TOTAL HOURS 8.0
TOTAL FOR SERVICES $1,332.00
DISBURSEMENTS
Long Distance Telephone Calls 9.82
Photocopies 14.50
Fax Charges 3.00
Clerk of the Circuit Court 1.00
DISBURSEMENTS TOTAL $28.32
TOTAL $1,360.32
MIAMI VFICE MIAMI %WK OFFICE BOCA WON OfflcL TALLAMASSEE OFFICE
(5051 799.1700 1309) 973.1100 14071 391 -M (m) "144?
E.44FhE77 =T
Lr1 LQIL6 LAV. vi d. 10W A
RUDEN, BARNS- T, MCCLOSKY, SMMJ, SCHUMP, 8t RUSSELL, P. A.
ATTORNEYS AT LAW
110 EAST B"AF O BOULEVARD
PW OFFICE BOX 1400
FORT LAUDERDALE. FLORIDA 9J.l02
(706)764-0660
R VIS D BILLING FQEMT
CITY OF SOUTH MIAMI, FLORIDA
FEDERAL IDII W1 a0?U7
City Hall September 30,19.A
6130 Sunset Drive Invoice No. 64076
Miami, Florida 33143
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
ile No. 1
and Use Comprehensive Plan Litigation.
/05 /90 C. Wertheim .2 16.00 Interoffice conference with Lisa C. Reynolds.
TOTAL HOURS .2
TOTAL FOR SERVICES $16.00
DISBURSEMENTS
Photocopies 47.50
Federal Express 37.50
Clerk of the Circuit Court in Dade County 3.00
Court House Express Couriers 62.45
DISBURSEMENTS TOTAL $150.45
TOTAL $166.45
MIAMI OFFICE
MIAW B£ACM OFFICE DOG► MTON OFFICE TALLAHASSEE OFFICE
'1n.1 1110.131M !"M 813.1100 (AM 361 -M (PO) U14UT
i
_Et lT _ , . FI IL EH C•1'aRHE 77 °T LHLT = —! -i — ='_ __ ].r ''1 =•1 S 77.-1 ?=
RUDEN, BARNETT, MCCLOSKY. SMMi, kHUS EP,, & RUSSELL. P. A.
ATTORNEYS AT LAW
110 EAST BROWARiD BOULEVARD
POST OFFICE BOX 1000
FORT LAVOEROALE, FLOACA 11702
(33) 7644aw
REVISE? BILLING FORMAT
CITY OF SOUTH MIAMI, FLORIDA
FEDERAL IN 60.1307367
City Hall September 10 0
6130 Sunset Drive Invoice No. 162377
Miami, Florida 33143
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
le No. 5
.nd use comprehensive plan litigation
'23/90 L. Reynolds 1.5 202.50 Conference with Greg Borgognoni, Esq.;
review administrative pleading file;
draft answer and affirmative defenses.
123/90 G. Borgognoni 1.1 192.50 Review Answer to Complaint.
TOTAL HOURS 2.6
TOTAL FOR SERVICES $395.00
TOTAL $395.00
MIAMI OFFICE MIAMI HEAC„ OFFICE BOCA RATON OFFICE TALLAMA$8i£ OFFICE
(3051799-2700 (74516)3 -1100 14071991 -mm (90/10£I.=
RUDEN' BARNETT, MCCLCSKY, S
' kHUSTIR, 8& RussELL. P. A.
ATTpRNEY3 AT i,AW
110 EAST BROWARO JjOULEVARD
FM E D� BOX I ow
(305)7146 10A 3&%2
SOUTH MIAMI, FLORIDA
:1
,set Drive
'lorida 33143
FEDEAAI 10i 6¢1307U7
(2�
sePtember 30
Invoice No.
164077
2
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
ahensive Plan litigation
molds 4.0 540.00
Review Pleadings
review comprehnsi�� correspondence;
go5noni .6 105.00 Prepare for trial. land use Plan;
molds 2.2 297.00 Attend calendar
motion call,
s of 19 Bor i calendar; conference
gift. ; review trial exhibits
4.4 374.00 Conference with
Prepare Lisa C. Reynolds;
deposition trial notebook;
of Miles summarize
William Meenan Moaa, David Rich,
folds $•0 Crumpton, Jean MBenan and Charles
675.00 Te1ephona
re: conference with John Ze
traffic element; Beer
depo; review noise i review Milan
telephone conference study; Moss
re: aspects of With Mar
background litigation• Marti Berg
Barbara documents; conference with
actions,Juza► research issue re: city,s
3.5 297.50 Summarize depositions
)9n0ni 5,2 410• Crumpton and Antonio Of Charles
3.5 297.50 Trial preparation. Friguls.
Preparation including
research; conference with legal
Reynolds, E$q, Lisa C.
Ids Esq•; prepare and Greg Bar9ognioni,
2.0 270.00 Conference with notebooks,
legal issues re- Barbara Juza•
4.5 382.50 Trial re: challan a research
Preparation including to Zoning,
Ids research, g 1ega1
9.5 1,282.50 Research and
5.8 493.00 Trial pare for
:ds pre trial.
�•0 I ►215.00 Research and
Prepare for trial.
MIAMI BEACH 1673. 1OFFICE ��
AO RA.'
ON OffICE
(407) 391.2w ULLAMA33EE OFFICE
110t1 �tt.an•s
RUDEN, BARNETr, MCCLOSKY, SMITH, kHUSTER, & RUSSELL, P. A.
ATTORNEYS AT LAW
110 WT BROWARD 1OULNARD
POST OFFICE BOX 1000
FORT LAUDERDALE, FLORIDA 33302
(3m) "4eew
CITY OF SOUTH MIAMI, FLORIDA
City Hall
6130 Sunset Drive
Miami, Florida 33143
ile No. 3
FEDERAL )Or 591307367
September 30, 0
invoice No. 154078
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
,and use comprehensive plan litigation
1/25/90 B. Juza .3 25.50 Review file; prepare trial notebook.
TOTAL HOURS .3
TOTAL FOR SERVICES $25.50
DISBURSEMENTS
Long Distance Telephone Calls 2.24
Photocopies 11.00
Subpoena 24.00
DISBURSEMENTS TOTAL !$37.24
TOTAL $62.74
WIAM! OFFICE MIAMI BLACH OFFICE BOCA RATON OFFICE TALLAHASSEE OFFICE
(005; 188 -2700 (Ms M1100 (407)301 -M (9D1)861.9021
RUDEN, BARNETT, MCCLOSKY, Storm, ScHusTER & Russw' P. A.
ATTORNEYS AT LAW
110 EAST 5ROWARD BOULEVARD
POST WME Box 1900
FM LAUDERDALE. FLOR" xsaoa
(705) T> 46M
CITY OF SOUTH MIAMI, FLORIDA
City Hall
6130 Sunset Drive
Miami, Florida 33143
.le No. 4
IV. Elias
_1= C:_
FEDERAL 1L1I 5WIJU /J61
7,
September 30,_;999
Invoice No.ilE4079`
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
/12/90 L. Reynolds
.3 40.50 Telephone conference with John zegeer.
/13/90 L. Reynolds
.9 121.50 Letter to John Zegeer; prepare documents
for meeting.
/17/90 G. Borgognoni
.5 87.50 Meeting with Lisa Reynolds.
/18/90 G. Borgognoni
1.0 175.00 Prepare for and attend hearing on Motion
for
/19/90 G. Borgognoni
Conference Lisa Reynolds; meeting
3.1 542.50 Con
with Mr. y
/19/90 L. Reynolds
4.0 540.00 Zegeer, traffic
expert; conference call
with Judge Farina, John Fletcher;
telephone conference with John Fletcher,
Esq.; prepare addendum to witness and
exhibit list; prepare order; conference
with Greg Borgognoni.
1/20/90 B. Juza
2.5 212.50 Summarize deposition of George Elias.
)/21/90 B. Juza
.4 34.00 Summarize depositionof George Elias,
1/25/90 G. Waldman
2.5 337.50 Review of deposition and file in
preparation for deposition of Elias;
conference with Greg Borgognoni and Lisa
Reynolds regarding status.
3/26/90 G. Waldman
2.0 270.00 Final preparation for and attendance at
deposition of Elias; conference with
Lisa Reynolds regarding depostion of
Elias expert witness.
TOTAL HOURS 17.2
TOTAL FOR SERVICES $2,361.00
MIAMI OFFICE
WLAMI SEACH OFFICE t3OCA FUTON OFFICE TALLAHASSEE OFFICE
IX6167y -1100 14071791.28M 19011 A14M
(JD5)788.2700
°!'LT E', .FI DEH 5L7+FNET. _r.':L _ -'_ -'_ :�.1� Fft
RUDEN, BAME77, MCCLOSKY, SMfTH. SCNUSTER, & RUSSELL, P. A.
ATTORNEYS AT LAW
110 EAST SROWARO bOULEVARD
KXT OFFICE BOX 1900
FORT LAU09MALE. FLORIDA 3,M
(306) 79+4000
CITY OF SOUTH MIAMI, FLORIDA
Page 2
iv. Elias
DISBURSEMENTS
Caplan Markowitz & Gibson
Long Distance Telephone Calls
Photocopies
Postage
Fax Charges
Clerk of the Circuit Court
witness Fee
MIAMI OFPCE Maw BEACH OffICE
17061 789.270G (3m) 673.1100
FEDERAL V 60.1307 67 �l
September 30, 1990
24.00
3.98
87.50
1.60
16.00
2.00
14.00
DISBURSEMENTS TOTAL $149.08
TOTAL $2,510.08
50CA FUTON OFFICE TALLAHASSEE OFFICE
(407) 161.2900 19041 $$I-=7
SEH cAr=N= =T L;,,*-,'---
RUDEN. BARNETT, MCCLOSKY, SMITH, SCHUSTEK RUSSELL, P. A.
ATTORNEYS AT LAW
110 E.A+ST tii0WMQ BOULEVARD
POST OFFICE BOX IKID
FORT LAUDERDALE. FLORIDA 3=
(=) 7e+eeeo
REVISED BILKING_ FORMAT CITY OF SOUTH MIAMI, FLORIDA
rtutMAL IWO IV- IJV1401
City Hall September 30, 1990
6130 Sunset Drive Invoice No. a6
Miami, Florida 33143
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
le No. 5
ind use comprehensive plan litigation
/05/90 L. Reynolds .4 54.00 Review pleading; prepare amended answer and
affirmative defenses.
TOTAL HOURS .4
TOTAL FOR SERVICES $54.00
TOTAL $54.00
MIAMI OFFICE MIAMI BEACH COFICE BOCA RATAN OR }ICE 1ALLAMAKS19 OFFICE
ta0s) 7E0•270C (3ml on-1140 (407) 391 . SM (901) 41 -9027
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION-OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $3,386.31 REPRESENTING
COURT COST /FEES FOR RODNEY MANDELSTAM ET AA
WHEREAS, Rodney Mandelstam et al heretofore sued the City of
South Miami for denial of their application for construction of
Gymnastics School, which litigation resulted in the Appellate
Court requiring the City to issue a building permit for the
construction of the Gymnastics School; and
WHEREAS, the City thereafter disagreed with Mandelstam as to
the parking space requirements for the school and litigated the
issue; and
WHEREAS, the Court determined Mandelstam was correct as to
the parking space requirements and awarded Court costs and fees
of $3,386.31.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, authorized
to disburse the sum of $3,386.31 as Court costs and fees to
Rodney Mandelstam.
Section 2. The disbursement be charged to account number
1500 -3910: "consulting -legal services ".
PASSED AND ADOPTED this th day of May, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
iIT TTORNEY
s
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
SOUTH MIAMI, FLORIDA, APPOINTING COMMISSIONER
BETTY BANKS AS COMMISSION LIASON TO THE DADE LEAGUE
OF CITIES.
WHEREAS, the City of South Miami is a member of the Dade
League of Cities; and
WHEREAS, as the term of the current Commissioner is to expire,
the Commission desires to designate a liason.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Commisioner Betty Banks is appointed
for a one year term as a Liason.
PASSED AND ADOPTED this day of 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
SOUTH MIAMI, FLORIDA, APPOINTING COMMISSIONER
THOMAS TODD COOPER AS ALTERNATE COMMISSION LIASON
TO THE DADE LEAGUE OF CITIES.
WHEREAS, the City of South Miami is a member of the Dade
League of Cities; and
WHEREAS, as the term of the current Commissioner is to expire,
the Commission desires to designate an alternate liason.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Commissioner Thomas Todd Cooper is
appointed for a one year term as an alternate liason.
PASSED :AND ADOPTED this day of
APPROVED:
Cathy McCann
Mayor
ATTEST:
CITY CLERK.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Iq
1991
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, URGING THE GOVERNOR TO VETO SENATE
BILL NO. 1902 WHICH WOULD EXPAND THE PREEMPTION FROM
COUNTY REGULATION AFFORDED TO CERTAIN NON- PUBLIC SECTOR
BUS OPERATIONS
WHEREAS, Dade County has a system of ground transportation
regulation which seeks to coordinate the public and private
provision of services to the riding public; and
WHEREAS, Senate Bill No. 1902 substantially undercuts such
regulatory policies; and
WHEREAS, this Senate Bill further curtails Dade County's
ability to plan and provide transportation services in a
coordinated manner and will cause further loss of ridership and
revenue from Metrobus operations,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Honorable Lawton Chiles, Governor of
the State of Florida, is strongly urged to veto Senate Bill 1902
which expands the preemption of the non - public sector bus
operations from county economic regulations.
Section 2. That the City Clerk be, and hereby is, directed
to mail a certified copy of this Resolution to the Governor of
the State of Florida and to each member of the Dade delegation to
the Florida Legislature.
PASSED AND ADOPTED this th day of May, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
/9
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $1,348.00 REPRESENTING
FEES INCURRED FOR SEWER CONNECTION BY METROPOLITAN DADE
COUNTY WATER AND SEWER DEPARTMENT FOR THE CITY'S PUBLIC
WORKS YARD
WHEREAS, Metropolitan Dade County Water and Sewer Department
has heretofore constructed and connected sewers in the vicinity
of the City of South Miami's Public Works Yard; and
WHEREAS, the City has now received an invoice for the sewer
connection in the sum of $1,348.00;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, authorized
to disburse the sum of $1,348.00 to Metropolitan Dade County
Water and Sewer Department for sewer connection charges for the
Citv's Public Works Yard.
Section 2. The disbursement be charged to account number
1710 -4670: "Public Works - Buildings and Maintenance ".
PASSED AND ADOPTED this th day of May, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
ORDINANCE NO.
AN ORDINANCE OF CITY OF SOUTH MIAMI, FLORIDA, AMENDING
ORDINANCE NO. 33 -80 -1092, TO CORRECT A SCRIVENER'S
ERROR IN THE LEGAL DESCRIPTION THEREIN TO READ AS
FOLLOWS: THAT CERTAIN UNIMPROVED RIGHT -OF -WAY LOCATED
ON SOUTHWEST 60TH AVENUE BETWEEN SOUTHWEST 80TH STREET
AND SOUTHWEST 81ST STREET, SOUTH MIAMI, FLORIDA, WHICH
UNIMPROVED RIGHT -OF -WAY IS BORDERED ON THE EAST BY
TRACT 14 AND BORDERED ON THE WEST BY TRACT 11, BOTH
TRACTS BEING IN THE REVISED PLAT OF A PORTION OF THE
AMENDED PLAT OF PALM MIAMI HEIGHTS AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South
Miami, Florida have determined that a scrivener's error occurred
in the preparation of Ordinance 33 -80 -1092; and
WHEREAS, the Mayor and City Commission wish to correct the
scrivener's error so that the legal description therein is
correct and is so reflected in the Public Records;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The legal description set forth in existing
Ordinance 33 -80 -1092 be, and hereby is, amended to read as
follows:
that certain unimproved right -of -way located on
Southwest 60th Avenue between Southwest 80th Street and
Southwest 81st Street, South Miami, Florida, which
unimproved right -of -way is bordered on the East by
Tract 14 and bordered on the West by Tract 11, both
Tracts being in the Revised Plat of a portion of the
Amended Plat of Palm Miami Heights
Section 2. That the City Clerk be, and hereby is,
authorized to execute and record the documents necessary to
accomplish the foregoing correction of legal description.
Section 3. This Ordinance shall take effect immediately
at the time of its passage.
PASSED AND ADOPTED this th day of
1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
F
;980 NOV it PN 3: 53
giR3J89� "1
i%FC ( 0933 99
ORDINANCE N0. 33 -80 -1092
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, ABANDONING AND VACATING A- CERTAIN
°v
DESCRIBED UNIMPROVED RIGHT -OF -WAY LOCATED
\��J
ON SOUTHWEST 60TH AVENUE BETWEEN SOUTHWEST
80TH STREET AND SOUTHWEST 81ST STREET,
SOUTH MIAMI, FLORIDA, WHICH UNIMPROVED
�\
RIGHT -OF -WAY IS BORDERED ON THE EAST BY J
TRACT 114 AND BORDERED ON THE WEST BY
TRACT 111, BOTH TRACTS BEING IN THE
REVISED PLAT OF A PORTION OF THE AMENDED
PLAT OF PALM MIAMI HEIGHTS, AND WHICH UNIMPROVED
RIGHT -OF -WAY IS FURTHER OUTLINED IN BLUE ON THAT
CERTAIN SKETCH ATTACHED TO THIS ORDINANCE,
RETAINING CERTAIN RIGHTS THEREIN, AND PROVIDING
WHEN THIS OPDINANCE SHALL TAKE EFFECT.
WHEREAS, the City has determined that it is in the
best interest of the City that the unimproved right -of -way
hereinafter described be abandoned and vacated, and
WHEREAS, the City has no need for the unimproved
right -of -way hereinafter abandoned and vacated, and
WHEREAS, it would be to the interest of the general
welfare of the citizens of the City of South Miami to abandon
and vacate the unimproved right -of -way hereinafter referred to.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COMAMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That all the land shown as "unimproved
right -of- way, "located on Southwest 60th Avenue between Southwest
80th Street and Southwest 81st Street in the City of South Miami,
Florida, said unimproved right -of -way being 50 feet wide and
275.29 feet long more or less, running north and south, which
unimproved right -of -way is bordered on the east by Tract 114
and bordered on the west by Tract 111, both Tracts being in
the Revised Plat of a portion of the Amended Plat of Palm Miami
Heights, according to the Plat thereof, as recorded in Plat Book
43, Page 37, of the Public Records of Dade County, Florida, and
which unimproved right -of -way is further outlined in blue on that
certain sketch attached to this Ordinance, be, and the same is
hereby abandoned and vacated.
k JJ J9 I Co
L c, , JJ � s
Section 2. The City retains the right to maintain,
install, operate, repair and replace by itself or by any licensee or
a holder of a franchise from the City any poles, wires, pipes,
conduits, sewer mains, water mains, or any other facility or
equipment for the maintenance or operation of any utility now or
hereafter located in the unimproved right -of -way or portion
thereof abandoned or vacated by this Ordinance.
Section 3. This Ordinance shall take effect
immediately at the time of its passage.
PASSED and ADOPTED this 21St day of October ,1980.
A17�st:
1
City Clerk
Passed on First Reading: 10/07/80
Passed on Second Reading: 10/21/80
9%',
fIV• • 6 DW
'Mayor
AECDNDED IN OffWAAL REODUS MOM
90 OAK OMMY. ^MR=b
IItwo VeRI 1M
XCUARD R BRIN17A
CLERK CIRCUfT COURT
0
ArFLDAVIT
3efore me, the undersigned officer authorized to take
acknowledgments and administer oaths, personally appeared
Rosemary Wascura, who, having been duly cautioned and sworn,
deposes and says:
1) Your Affiant is the City Clerk of the City of South
Miami, Florida.
2) Your Affiant has reviewed the City records.
3) Based upon said review, the City Clerk has determined
that there is a typographical error in the legal description
contained in Ordinance No. 33 -80 -1092 dated October 21, 1980
recoroec in Plat Book 43, Page 37 of the Public Records of Dade
County, Florida.
4) That the correct legal description should be:
A CERTAIN DESCRIBED UNIMPROVED RIGHT -
OF -WAY LOCATED ON SOUTHWEST BOTH
AVENUE BETWEEN SOUTHWEST 80TH STREET
AND SOUTHWEST 81ST STREET, SOUTH MIAMI,
FLORIDA, WHICH UNIMPROVED RIGHT -OF -WAY
IS BORDERED ON THE EAST BY TRACT 14 AND BORDERED
ON THE [JEST BY TRACT 11, BOTH TRACTS BEING IN
THE REVISED PLAT OF A PORTION OF THE AMENDED
PLAT OF PALM MIAMI HEIGHTS...
and therefore your Affiant has, today, filed a
corrected copy Ordinance No. 33 -80 -1092 with the Clerk of the
County of Dade.
i
Sworn and subscribed before me this day of ,
1991. � � %
My Commission expires: �/
Nota Public
NOTARY PUBLIC. STATE OF FLORIDA: S t a r- of Florida
;dY COMMISSION EXPIRES: DEC. 18. 19931
90NDED TNRU NOTARY PUBLIC UNDERWRITERS.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI, FLORIDA TO PROVIDE FOR A NEW SECTION 20 -3.6 (0)
"RO RESTRICTIONS "; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code, which in Section 20 -3.6
provides for supplemental regulations; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for additional regulations
regarding the Residential Office "RO" zoning districts;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -3.6 of the Land Development Code
be, and the same is, hereby amended to add the following sub-
section (0):
0. "RO Restrictions ":
(1) In addition to all other requirements, a continuous
visual buffer shall be provided whenever an RO use
abuts or faces directly (within 50 feet) a property
zoned for single family residential purposes. To
accomplish this, the normally required perimeter
landscaped buffer shall be increased from five (5) to
eight (8) feet in width and trees from Table 20 -3.6 (0)
(5) shall be planted according to the spacing listed.
These trees shall be a minimum of 10 - 12 feet tall
immediately after planting.
(2) No structure shall be constructed or altered to produce
a store front, display window, or any other feature
that would detract from residential character except
that, in areas where RO zoned property abuts the
MetroRail right -of -way, it shall be left to the
discretion of the Environmental Review and Preservation
Board as to whether strict compliance shall be
necessary on that side abutting the MetroRail right -of-
way, providing that all other sides are residential in
character.
(3) A decorative wall of masonry, reinforced concrete,
precast concrete or other like material that will be
compatible with the main structure, five (5) feet in
height shall be erected along all interior property
lines, including the rear property line; provided,
however, that in the event that the rear property line
abuts a secondary road, said wall shall be set in ten
(10) feet from the official right -of -way of the
secondary road, and said ten (10) feet shall be
landscaped; provided, further, in the event that the
interior side property line abuts the same or more
liberal zoning district, the requirement for the wall
along said common interior property line shall not
apply. Walls within or extending into the required 25
foot front setback area shall be no more than four (4)
feet in height. Further, individual buildings shall
not be connected by fences, walls, breezeways or any
other structures which make the building appear to have
a single facade more than eighty (80) feet in width,
provided that buildings may be connected by a breezeway
at the first level only of no more than eight (8) feet
in width.
(4) No accessory buildings, utility transformer units, or
storage of supplies, heavy equipment, or large vehicles
shall be permitted anywhere on the lot. In addition,
air conditioning equipment may not be placed in the
reauired front setback area.
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.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
TABLE 20 -3.6 (0)(5)
Tree Species* and Required Spacing
for Continuous Visual Buffer
Required
Aralia (Polyscias balforiana)
Spa i
31
Beauty Leaf (Callophyllum antillianum)
i0�
Buttonwood (Conocarpus erectus)
5+
Carrotwood (Cupaniopsis spp.)
10'
Corn Plant ( Deacaena fragrans massangiana)
51
Green Dracaena (Dracaena fragrans)
5,1
Madagascar Olive (Noronhia emarginata)
10'
Pink Trumpet Tree (Tabebuia pallida)
i0l,
Soft -tip Yucca (Yucca elephantipes)
5"
Spicewood (Calyptranthes pallen)
10'
Vitex (Vitex gnus castus)
10'
Wax Myrtle (Myrica cerifera)
10'
Yew (Podocarpus spp.)
101,
*or substitute to be approved by the Environmental Review Board.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ORDINANCE15- 91-1470 OF THE CITY OF SOUTH
MIAMI, FLORIDA TO PROVIDE .A LIMITATION ON FINES FOR
DELINQUENT OCCUPATIONAL LICENSE RENEWAL; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE
DATE.
WHEREAS, on March 5, 1991, the City of South Miami, Florida
has enacted Ordinancel5 -91 -1470, which amended sub - section 25 c)
of Ordinance 18 -80 -1077 to provide for an additional fine for
delinquent occupational license renewal; and
WHEREAS, it appears Florida Statute 205.053 limits municipal
powers to fine delinquent occupational license holders; and
WHEREAS, the Mayor and City Commission wish to 'amend the
Ordinance to accord With the State Statute;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1.. Sub - section 25 c) of the Ordinance 1880 -1077
be, and the same is, hereby amended to read as follows:
c). Enforcement procedures under this Ordinance for
occupational license renewals shall take effect after a
renewal is delinquent 4 months and 1 day and the
foregoing shall be in addition to all other fines as
specified for licenses not renewed within the specified
period of time; however, the total delinquency penalty
shall not exceed 25 percent of the occupational license
fee for the delinquent establishment.
section 2. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent Jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 4. This ordinance shall take effect Immediately at
the time of its passage,
PASSED AND ADOPTED this th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2'F
APPROVED:
MAYOR
0
,. \
§ 205.043
Note 1
properly conditioned upon Issunnce of Ilccnses
therefor, And city was entitled to withhold is.
suance of Stich Ilcenu, In absence of Payment
of the Occupational license fees. City of Miami
v. I.C. Sales, Inc., App., 276 So.2d 214 (1973).
Showing that the business of one operator of
vending machines in city had cxpenges, includ-
ing occupational license taxes, such that it
made uo profit dues not establish that city's
occupational license tax was excessive or con -
fiscalory. Id.
The City of North Miami may impose orrtt-
palional license taxes upon private lcasehulds
of publicly owned lands as provided In this
chapter unless exempted by law. Op,Atty,Gcn,,
076 -143, June 21, 1976.
Laws 1972, c. 72 -306, relative to ocrupation.
al license taxation, appears to prohibit a mu•
nicipality from levying any occupational Ii-
Wise lax' pursunnt to its charter act or other
spcciai tow, as the I972 enactment is the only
nuthority for any municipal occupational li•
v..cnse tax. Any municipal occupAiiottal license
inn ordinance must be consistent with the pro•
visions of the 1972 enactment and such occu•
potimial license tax must be based upon rea-
sonAble classlficatinns established by the gov-
croing body of the municipality and be unt-
fvlm throughout any given classification.
Whether any given license tax is, in law, based
upon a reasonable classification, is a Judicial
question to be determined by the courts in
ni+propriale legal proceedings. Up.Alty.Gcn.,
072 -341, Oct. 9, 1972.
I. Base tax rate and allowalile increases
In view of Local tkrtupational License Tax
Act ,%Itch provides for ratificatlon of all mw
nleipal licenses adopted, pursuant to resolu•
Linn, ordinance or special law and further pro-
vides that they rcma(n In effect until October I,
1972, North Miami occupational license lax,
which unposed a tl tax on one cent vending
marhines, a i5 tax on five cent machines, and
a $10 tax on tan and 25 cent machines, was
valid for fiscal yr.Ar 1972. I.C. Sales, Inc, V.
City of North hiland, App., 251 So.2d ill
(1973).
I1 a governing body OF the city of Hollywood
may increase the occupational license taxes
now httposcd by the city only by the amounts
or percentages prescribed by this section. Op.
Atty.Gen.. 081 -68, Sept. 17, 1981.
TAXATION AND )FINANCE
Title 14
This chapter does not proltibit occupational
license taxation of businesses, occupations,
and professinns which were not inxed by the
municipality before October 1. 1971, and a
municipality may, upon complying with the
terms and conditions of § 205.042, establish
new classifications. and rates applicable thereto
for such prior untaxed businesses, ncctpations
or professions. Op.Atty.Gcn., 073 -399, Oct. 25,
1973.
I aws 1972, c. 72 -306, authorizes the imposi-
tion of an occupational license lax by munici•
pAlities separate from and in addition to the
county occupational license tax, and the rates
for %aid municipal occupational license tax
shall be set in accordance with the provisions
of this section. Op.Atty.Gen., 072 -291, Aug. 22,
1972.
3. Transfer fce
The tln•cc- dollar transfer fcc and the dclin•
quency penalty fixed by the legislature in this
chapter are presumptively valid and reason-
able, and are required to be given effect unless
and until declared by the judiciary to be arbi.
tnlry, unreasonable or otherwise invalid. Op.
Atty.Gen , 073 -399, Oct. 25, 1973.
4. Refunds
Voluntary payment of invalid Occupational
license tax, which has been prnmulgatcd with.
out nuthorized procedure for protest, presents
no bar to recovery by taxpayer who has paid
without protest. City of Miami v. Florida Re-
tail Federation, Inc., App., 423 SON 991
(1982).
Where excessive occupational license tax un-
der consideration was unlawfully assessed,
nonpayment subjected taxpayers to severe
sanctions, and, accordingly, payment was in•
voluntary, recovery of refund was available
despite absence of protest. id.
S. Attorneys fees
In action brought by group of merchants to
recover excess payments Of 0ccttpatiOl1A1 It-
een %e taxes, attorneys' fees wutlld be nwarded
predicated upon benefit obtained for class
meutbers by attorneys which benefit included
not only reimbursement of funds, but removal
of threat of criminal prosecution: City of Mia-
nil v. Florida Retail Federation, Inc., Ailp., 423
So.2d 991 (1982).
205.053. Occugallnnal licenses; dates clue and delinquent; penalties
(1) All licenses shall be -sold by the appropriate tax collector beginning
September 1 of each year and shall be date and payable on or before October 1
of each year and Shall expire .on Septcu,ber 30 of the succeeding year. in the
90
LOCAL OCCUPATIONAL LICENSE TAXES § 205.053
Cis. 203 Note 3
event that October 1 falls on a weekend or holiday, the tax shall be due and
payable on or before the first working day following October 1. Provisions
for partial licenses may be made in the resolution or ordinance authorizing
such licenses. Those licenses not renewed when due and payable shall be
considered delinquent and subject to a delinquency penalty of 10 percent for
the month of October, plus an additional 5 percent penalty for each month of
delinquency thereafter until paid. However, the total delinquency penalty
shall not exceed 25 percent of the occupational license fee for the delinquent
establishment.
(2) Any person engaging In or inanaging any business, occupation, or
profession without first obtaining a local occupational license, if required
hereunder, shall be subject to a penalty of twenty-five percent (25%) of the
license determined to be due, in addition to any other penalty provided by
law or ordinance.
Historical Note
Derivation:
Laws 1983, c. 83 -204, § 40.
Laws 1973, c. 73 -144, § I.
Laws 1972, c. 72-306, § 1.
Laws 1983, c. 83 -204, § 40, antetldini sub.
sec. (1), insetted "or before' preceding Oeto-
Licenses 4-32(1), 40, 41.
WESTLAW Topic No. 238.
CJ S. Licenses §§ 68, 78 to 83,
Construction and application
defenses 7
Fractional licenses 4
Indictment 6
Lejtslrllvc power 3
Penalty a
Refunds 5
Vslldity 1
bar t" in the first sentence, interpolated the
second sentence, and substituted In the fourth
sentence "when due and payable" for "by Octo.
ber 1 ".
Ubrary References
Notes of Decisions
1. Validity
The prior provision to the effect that any
person convicted of carrying on a busluess for
which a license Is required, without having
first obtained sui:h a license, shall be punished
by a fine of not less than double the amount
required fur the license, did not violate the
Declaration of Rights that %mcbsivc fines shall
ttvt be ltnpubcd " Fresc v. $talc, 23 Via, 267, 2
So. t (1887).
The three - dollar transfer fee and the delin•
quency penalty fixed by the legislature in this
chapter are presumptively valid and reason-
able, and are required to be given effect units%
and until dociared by the Judiciary to be arbl.
trary, unreasonable or otherwise invalid. Op.
Atly.Gen., 073 -399, Oct. 25, 1973.
2. Construction and application
Laws imposing license taxes, and providing a
penalty for doing business without a license,
are penal In their nature, and should he strictly
construed. Texas Co. v. Amus, 81 So. 471, 77
Fla. 327 (1919).
3. Legislative power
Legislature can provide for imposition and
collection of reasonable penalties for failure to
pay excise tax. McLin v. Florida Automobile
Owner's Protective Assn, 105 Fla. 169, 141 So.
147 (1932).
The power conferred and the duty imposed
on the county tax collector by this section to
issue or sell county occupation licenses or to
collect the county occupational license tax and
to apportion and distribute the revenues de-
rived therefrom may not be transferred by
ordinance from the tax collectoc to the local
government cafe enforcement hoard. Op.Atty.
Get%., 84-91, Oct. 2, 1984.
91 .
E 1
§ 205.053
Note 4
4. Fractionalllcensea
In Ilte absence of a provision for a pro rata
license, a person taking out a license inust pay
the full amount prescribed even though he
inkes out his license after the beginning of the
license year or discnntinucs his business before
the expiration of such year. I939 Op,A1ly.Gcn.
483,
5. Refunds
Attorneys were nut required, as a condltioat
precedent to obtaining refunds of occupational
license foxes paid pursuant to an invalid ordi.
nancc, to show that the occupational license
payments were made under protest. Hroward
County, Florida Rd. of County Coin'rs. v. Burn.
stciu, App. 4 Dist., 470 So.2d 793 (1985).
Fact that funris generated by occupational
license tax on attorneys had long since been
expended did not preclude refunds of taxes
paid pursuant to the invalld ordinance. Bro.
ward County, Florida lid. of County Com'rs, V.
BUrnsicin, App. 4 Dist„ 470 So.2d 793 (1985).
in view of unrensonnhle delay in challenging
1980 ordinance increasing occupational license
tax on attorneys, lathes barred refunds for
taxes paid pursuant to invalid ordinance prior
to 1982, the year when attorneys contested the
tax. 13rowRrd County, Florida 13d, of County
Com'rs. v, Burnstein, App, 4 Dist.. 470 So.2d
793 (1985).
0. Indictment
An indictment against one for carrying on
the business of a hawker and peddler without
license, who was not embraced within the pop.
ular and ordinary meaning of the words
"hawkers and peddlers" but was embraced
within the statutory definition beginning, "all
unlicensed traveling dealers;' etc., In Laws
1395, c. 4322, $ 9, subd. 11, must follow the
language of this definition; and an indictment
in the ordinary or common-law form for
hawking and peddling without licensc could
nut be sustained by proof of acts which would
not, independent of such statutory definition,
cons.itttte him a hawker and peddler. Hall v.
State, 39 Fla. 637, 23 So. 119 (1898).
Laws 1887, c. 3681, § 9, provided that no
Intoxicating liquors should be permitted to be
so1J, unless the license tax imposed by the art
was first paid and a Ildcnse for such sale taken
out. Section 10 provided that "any person
* • * that shall carry oil or conduct any httal-
ness ' ' " for which a license is required,
without first obtaining such license, shall ' "
be guilty of misdemeanor." etc. Held, that an
TAXATION AND FINANCE
T1tle 14
Indictment was sufficient under this act which
charged that defendant "did engage in and
manage the business of a dealer In" intoxicat-
ing liquors, without having first taken out a
license therefor, as required by law. Roberts
v. State, 26 Fla. 360, 7 So. 861 (1890).
Where sin indiclincnt charges the sale of
liquor, or carrying on of the business of a
dealer therein without having a license, to have
been on it certain statrd day and on divers
other days and times between such day and the
finding of the indictment, all the allegation of
ilme after that of the particular day may be
rejected as surplusage. Dansey v. State, 23 Fla.
316, 2 So. 692 (1887).
it is not necessary to allege In an indictment
for selling liquors without a licensc or in one
for carrying on the husiness of dealer in H.
quors without a license, either the name of a
person to whom the liquor was sold, or the
particular liquor said, nor that the defendant
had it place of business, nor that his place of
husiness was in an election district of a county.
1d.
When a person is charged in an indictment
with unlawfully carrying on the business of a
dealer in liquors, etc., it is unnecessary to state
the names of persons to whom sales were
made. Jordan v. State, 22 Fla. 528 (1886).
7. Defenses
Ott an indictment for setting Intoxicating 11-
rittors without a license, under Laws 1887, c.
3681, § 10, providing that persons making
such suits shall be guilty of a misdemeanor, It
was no defense that defendant had tendered to
the proper officer the license tax prescribed by
that act, where the sales were made before the
license was granted. Roberts v. State, 26 Fla.
360, 7 So. 861 (1890).
8. Penalty
The penalty presrribed for the violation of
Taws 1893, c. 3413 under which the defendant
was convicted, was not less than double the
amount of the license required to anthorim the
selling of liquor, six hundred dollars; and a
fine of nine hundred dollars for the violation
of said act was not excessive, Baeumel v.
State, 26 Fla, 71, 7 So. 371 (1890).
Operators of coin operating machines on
which no licensc taxes have been paid are
liable to nroxecution, and such license tax ntay
be collected by warrant, but tax collector or
other county official cannot seal such ma,
chines against use until such tax is paid. 1949
Op.Atty.Gcn. 261.
92
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IZ
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
7:30 p.m.
May 21st, 1991
Next Resolution: 65 -9129
Next Ordinance: 14 -91 -1479
Next Commission Meeting: 6/4/91
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations:
D. Items for Commission Consideration:
a. Approval of Minutes: May 7, 1991
b. City Manager's Report- Telephone recycling report: Comm. Banks
c. City Attorney's Report
ORDINANCES -THIRD READING AND PUBLIC HEARING:
4. 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 fee; providing for severability; providing for
ordinances in conflict; and providing an effective date.
(Mayor McCann /Comm. Cooper) 3/5
ORDINANCES - SECOND READING AND PUBLIC HEARING:
,5. An Ordinance of the City of South Miami, Florida, amending the
Land Development Code of the City of South Miami, Florida by
providing a definition of "Mobile Automobile 14ash /Wax Service" in
Section 20 -2,3: providing for Mobile Automobile Wash /Wax Service
under Section 20 -3.3 (D) of the permitted use schedule as a
special use; providing for special use requirements under Section
20 -3,4 (B) by adding a New'Subsection (2); providing for severability;
ordinances in conflict; and an effective date.
(Vice -Mayor Carver) 4/5
6. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to negotiate and
execute all necessary documents for the financing of the construction
of a new Public Works Department Facility by disbursal of $400,000
from the City's Revolving Trust Fund and by a fifteen (15) year
loan of $400,000 payable from the general revenues of.the City
using the City's Revolving Trust Fund as collateral to the extent
required without otherwise liening the City's assets for the
repayment of the loan; providing for ordinances or parts of ordinances
in conflict; providing for severability and providing for an effective
date. (Vice -Mayor Carver) 4/5
7• A Ordinance of the Mayor and City Commission of the City of South
Miami, Florida amending Section 7 -.1 of the Code of Ordinances to
provide for adoption of the current edition of the South Florida
Building Code, access for'Physically Disabled, Energy Efficiency
Code and National Electrical Code, and Life Safety Code; providing
for severabi'lity; provi'di'ng for ordinances in conflict; and providing
for ordinances in conflict, and providing an effective date.
(City Attorney) 3/5
OFFICIAL AGENDA
May 21, 1991
page 2 of 3
RESOLUTIONS FOR PUBLIC HEARING:
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida abandoning and vacating a portion of Riviera Court,
South of S.W. 53rd Terrace and legally described hereinbelow;
retaining certain utility rights; and providing for an effective
date. (Planning Board /Administration) 4/5
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, requesting the Planning Board of the City of South
Miami, as the Local Planning Agency within the meaning of Florida
Statute 163.3187 to initiate the application of Flagler Federal
Savings and Loan Association to file a comprehensive plan
amendment in conjunction with its amendment to the Development
of Regional Impact Development Order for the Bakery Centre.
(Mayor and Commission) 4/5
RESOLUTIONS:
10.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, rescinding Resolution No. 39 -91 -9103, which
provided
that the Planning Board of the City initiate the application
of
Flagler Federal Savings and Loan Association to file a comprehensive
plan amendment in conjunction with its amendment to the Development
of Regional Impact Development Order for the Bakery Centre.
(City Attorney)
3/5
11.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, approving newsrack locations within the City
of
South Miami proposed by Harmon Publishing Company.
(Administration)
3/5
12.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, approving newsrack locations within the City
of
South Miami proposed by USA Today Publishing Company.
(Administration)
3/5
13.
A Resolution of the Mayor and City Commission of the City of
South
Miami, Florida, denying an appeal by Stanley Vieder from the
Environmental Review-and Preservation Board regarding a pole
sign
for the property located at 6114 South Dixie Highway, South
Miami,
Florida 33143. (City Attorney)
3/5
14. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the sum
of $35,661.53 representing fees incurred for legal representation
by Gregory Borgognoni of Ruden, Barnett ETAL in conjunction with
litigation regarding the City "s Comprehensive Plan.
(Admi ni:s-tr,atton) 4/5
15. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the sum
of $3,386.31 representing court cost; /fees for Rodney Mandelstam ETAL.
(Administration) 4/5
16. A Resolution of the Mayor and City Commission of the City of South.
Miami, Florida, appointing Commissioner Betty Banks as Commission
Liason to the Dade League of Citi'es.(Mayor McCann) 3/5
17. A Resolution of the Mayor and City Commi'ssi'on of the City of South
Miami, Florida, appointing Commissioner Thomas Todd Cooper as
Alternate Commission Li'ason to the Dade League of Cities.
(Mayor McCann) 3/5
OFFICIAL AGENDA
May 21, 1991
page 3 of 3
RESOLUTIONS:
18. A Resolution of the Ma
Miami, Florida, urgi.ng
which would expand the
to certain non - public
yor and City Commission of the City of South
the Governor to Veto Senate Bill No. 1902
preemption from county regulation afforded
sector bus operations.
19. A Resolution of the Mayor and
Miami, Florida, authorizing th
of $1,348.00 representing fees
Metropolitan -Dade County Water
Public Works Yard.
ORDINANCES - FIRST READING:
(Mayor McCann) 3/5
City Commission of the City of South
e City Manager to disburse the sum
incurred for sewer connection by
and Sewer Department for the City's
(.Admi,ni.stration) 4/5
20. An Ordinance of the City of South Miami, Florida, amending
Ordinance No. 33 -80 -1092, to correct a scrivener's error in the
legal description therein to read as follows: that certain un-
improved right -of -way located on Southwest 60th Avenue between
Southwest 81st Street, South Miami, Florida, which unimproved
right -of -way is bordered on the East by Tract 14 and bordered
on the West by Tract 11, both Tracts being in the revised plat
of a portion of the amended plat of Palm Miami Heights and
providing for an effective date. (City Attorney) 3/5
21. An Ordinance of the City of South Miami, Florida, amending Section
20 -4.4 (C) of the Land Development Code of the City of South Miami,
Florida to provide for a new standard parking stall size; providing
for severability; ordinances in conflict; and an effective date.
(Mayor McCann /Vice -Mayor Carver) 3/5
22. An Ordinance of the City of South Miami, Florida, amending the
Land Development Code of the City of South Miami, Florida, to
provide for a new Section 20 -3.6 (0) (RO Restrictions "; providing
for severability; ordinances in conflict; and an effective date.
.(Mayor McCann) 4/5
23. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida; amending Section 20 -2.3 of the Land Development
Code of the City of South Miami to provide specific definitions
for catering services; restaurant; restaurant, accessory; and
restaurant, fast food; deleting eating place definition from Section
20 -2.3; deleting eating place from Section 20 -3.3 (E); deleting
eating place (accessory) from Section 20 -3.3 (E); providing the
aforesaid restaurant categories as special uses in Section 20 -3.3 (E)
providing special use conditions for restaurant and restaurant, fast
food in Section 20 -3.4 (B)(4); providing for severability; providing
for ordinances in conflict; and providing for an effective date.
(Mayor McCann) 4/5
24. An Ordinance of the City of South Miami, Florida, amending
Ordinance No. 5 -91 -1470 of the City of South Miami, Florida to
provide a limitation on Fines for delinquent occupational license
renewal; providing for severability; ordinances in conflict; and
an effective date. (.City Attorney) 3/5
REMARKS:
Mr. Steve Glazer to address the Commission with regard to a problem
of code enforcement of vehicles with expired tags which are
parked on private property.