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11-05-91 (2)OFFICIAL AGENDA CITY OF SOUTH. MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING November 5, 1991 7:30 p.m. A. Invocation Next Resolution: Next Ordinance: Next Commission Meeting: B. Pledge of Allegiance to the Flag of-the United States of America. C. Presentations D. Items for Commission Consideration: 1. Approval of Minutes of October 15, 1991, Regular City Commission Meeting. 2. City Manager's Report 3. City Attorney's Report ORDINANCES - SECOND READING AND.PUBLIC HEARING: 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; amending Section 20 -3.3 (D) of the Land Development Code of the City of South Miami, Florida, to permit automobile parking structure as a special use in RO Districts; amending Section 20 -3.4 of the Code to add a new Section (15) setting forth the special use conditions for automobile parking structures in RO Districts; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor) 4/5 5. 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, accessory; restaurant, convenience; restaurant, general; and restaurant, walk -up; deleting eating place definition from Section 20 -2.3; deleting eating place from Section 20 -2.3 (E); deleting eating place (accessory) from Section 20 -2.3 (E); providing the aforesaid restaurant categories as special uses in Section 20 -3.4 (B)(4); providing for severability; providing for ordinances in conflict; and providing an effective-date. (Mayor) 4/5 RESOLUTIONS FOR PUBLIC HEARING 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, granting a request by the School Board of Dade County, Florida, from the Planning Board of the City of South Miami for three variances from Section 20 -3.5 (C)(3) of the Land Development Code to allow a zero (0) foot rear setback for a proposed addition; to allow a building coverage of thirty eight percent (38%); to allow an impervious coverage of seventy six percent (76 %) and one variance from Section 20 -3.5 B (12) of the Land Development Code to require no additonal parking spaces where twenty six (26) parking spaces are required for a proposed addition for the property known as 6750 SW 60 Street,South Miami, Florida 33143 (a public facility specially South Miami Middle School) and legally described herein= below. (P.B. /Administration) 4/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving requests pursuant to Section 20 -4.4 (H) of the Land:Development Code to reduce off - street parking up to fifty (50) percent for an existing structure located within 500 feet of the South Miami Metror.ail Station by Alberto Araujo, Aleida Araujo, Alberto Araujo Jr., Robert N. Strickland, Sharon Strickland, Edward Pawley III, and Clara Pawiey, from the Planning Board of the City of South Miami, Florida, for the property known as 5786 Progress Road, South Miami, Florida 33143 and legally described hereinbelow. and for property known as 5770 Progress Road, South Miami, Florida, and legally described hereinbelow. (P.B. /Administration) 4/5 OFFICIAL AGENDA November 5, 1991 page 2 RESOLUTIONS FOR PUBLIC 'HEARING: 8. A Resolution of the Mayor and City Commission of the City of South--Miami, granting a request by Gerardo and Ana R. Socarras from Florida,. he Planning Board of the City of South Miami, for a variance from Section 20 -3.5 E of the Land Development Code to permit a side setback of 5.75 feet on the west side only, where a setback of *7.5 feet is required for the property known as 6374 SW 42nd Street, South Miami, Florida 33143 .and legally described hereinbelow. (P.B. /Administration) 4/5 RESOLUTIONS: 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, expressing the concern of the City of South Miami, with the proposed University Village of the University of Miami and urging the City Commission of the City of Coral Gables, Florida, to consider alternative development plans which would place less intensive uses along S.W. 57th Avenue. (Commisioner Launcelott) 3/5 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, resolving to reaffirm the City's Charter and directing. the City Attorney to prepare separate ballot question submitting the question to the electorate at the General Election in of February, 1992. 3/5 (Administration) 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, seeking services of a new City Attorney and thanking the current City Attorney for services rendered to the City of South Miami. 3/5 (Vice -Mayor Carver.) 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a contract with Robert K. Swarthout, Incorporated for preparation of a concurrency management system for a maximum expenditure of $9,500.00; charging the disbursement to Building /Zoning Department Account No. 1610 -3110 "Planning Consultant." (Administration) 3/5 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of glass, glass framing, doors, and casement and high fix windows for South Miami City Hall for a total price not to exceed $31,045.00 by Public Works Department and providing for disbursement from account number 1710 -4660 "Maintenance and repairs of City Hall." (Administration) 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 $3,179.62 representing fees incurred for legal representation by Gregory Borgognoni of Ruden, Barnett et al in conjunction with litigation regarding the City's Comprehensive Plan; charging the disbursement to account number 2100 -9950: "Reserve for Encumbrance." (.Administration) 3/5 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of red clay for the City's baseball fields at South Miami Field and Murray Park for a total price not to exceed $3,000.00 by the Recreation Department and providing for disbursement from account number 2000 -4620 "Maintenance and Repair - Operational Equipment." (Administration) 3/5 OFFICIAL AGENDA November 5, 1991 page 3 RESOLUTIONS: 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to modify its.agreement with Coral Gables, South Miami Khoury League, Inc., and to enter into a new agreement with South Miami F.O.P. Lodge 136, Inc., both agreements regarding the operation of a concession stand at South Miami Field. 4/5 (Administration) 17. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of a front end loader for a total price not,to exceed $2,620.00 by the Recreation Department and providing for disbursement from account number 2000 -6430 "Equipment - Operating." (Administration) 3/5 18. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the-purchase of one "Fotofile" by the Police Department upon the basis that there is one source of supply; authorizing-the expenditure of $9,500.00 to Visatex Corporation for this equipment; charging the disbursement to account number 09- 1910 -6430: "Equipment - Operating." 3/5 (Administration) 19. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of eighteen (18) two (2) cubic yard dumpsters for a total price not to exceed $5,072.00 by the Public Works Department and providing for disbursement from account number 1720 -6430: "Sanitation Equipment - Operating." (Administration) 3/5 ORDINANCES - FIRST READING: 20. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15 -63 of the Code of Ordinances of the City of South Miami, Florida, to permit mobile food vendors in RM -18 zoning districts; providing for terms and conditions; providing for severability and an effective date. (Commissioner Launcelott) 4/5 21. An Ordinance of the City of South Miami, Florida, amending the Land Development Code of the City of'South Miami, Florida, by deleting the existing Section 20 -5.3 and enacting a new Section 20 -5.3 thus permitting concurrent zoning changes to planned unit developments and underlying zoning; providing for severability, ordinances in conflict, and an effective date. (Vice -Mayor Carver) 4/5 22. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15 -63, miscellaneous provisions of the Code-of Ordinances of the City of South Miami by permitting open lot Christmas trees sales as a special use in SR and GR zoning districts; providing for terms and conditions of the special use; providing for severability; providing for ordinances in conflict; and providing an effective date. (Commissioner Launcelott) 4/5 OFFICIAL AGENDA November 5, 1991 page 4 ORDINANCES - FIRST READING: 23. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, transferring the comprehensive fee schedule provided by Ordinance 14 -90 -1454 into the Land Development Code as Section 20 -7 thereof; providing for severability; providing for ordinances in conflict; and providing an effective date. (Administration) 3/5 24. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to submit to the electorate the question of whether to construct a new Public Works facility by borrowing the funds or by disbursing the funds from the City's Revolving Trust Fund. (Mayor McCann) 4/5 25. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Sections 20 -3.6 (H)(2) of the Land Development Code by adding a new Subsection (c); amending Section 20 -3.6 (I)(4) and Section 3.6 (I)(5) of the Land Development Code to clarify regulations relating to hedges, fences, and accessory structures; providing for severability; providing for ordinances in conflict and providing an effective date. (Mayor McCann) 4/5 REMARKS: Ms. Dottie Antique Paradise, 5828 Sunset Drive, South Miami to address the Commission regarding Sanitation fees for her store. Your are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. OFFICIAL AGENDA CITY OF SOUTH. MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING November 5, 1991 7:30 p.m. A. Invocation Next Resolution: Next Ordinance: Next Commission Meeting: B. Pledge of Allegiance to the Flag of'the United States of America. C. Presentations D. Items for Commission Consideration: 1. Approval of Minutes of October 15, 1991, Regular City Commission Meeting. 2. City Manager's Report 3. City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: _ 01_i4/9q 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; amending Section 20 -3.3 (D) of the Land Development Code of the City of South Miami, Florida, to permit automobile parking structure as a special use in RO Districts; amending Section 20 -3.4 of the Code to add a new Section (15) setting forth the special use conditions for automobile parking structures in RO Districts; providing for severability; providing for ordinances in conflict; and providing an effective date. �lj `�I�` (Mayor) 4/5 5. An Ordinan�e 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, accessory; restaurant, convenience; restaurant, general; and restaurant, walk -up; deleting eating. place definition from Section 20 -2.3; deleting eating place from Section 20 72.3 (E); deleting eating place (accessory) from Section 20 -2.3 (E); providing the aforesaid restaurant categories as special uses in Section 20 -3.4 (B)(4); providing for severability; providing for ordinances in conflict; and providing an effective - date. (Mayor) 4/5 RESOLUTIONS FOR PUBLIC HEARING J46, +4111I t 1 6. A Resolution of the Mayor and City 4,ommission of the City of South Miami, Florida, granting a rz -quest by the School Board of Dade County, Florida, from the Planning Board of the City of South Miami for three variances from Section 20 -3.5 (C)(3) of the Land Development Code to allow a zero (0) foot rear setback for a proposed addition; to allow a building coverage of thirty eight percent (38X); to allow an impervious coverage of seventy six percent (76X) and one variance from Section 20 -3.5 B (12) of the Land Developk:ir+t Code to require no additonai parking spaces where twenty six (20I parking spaces are required for a proposed addition for the property known as 6750 SW 60 Street,South Miami, Florida 33143 (a public facility specially South Miami Middle S hool) and legally described herein= Jam© below. '?I , 91ro (P.B. /Administration) 4/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving requests pursuant to Section 20 -4.4 (H) of the Land'-.Devel.opment Code to reduce off - street parking up to fifty (50) percent for an existing structure located within 500 feet of the South Miami Metrorail Station by Alberto Araujo, Aleida Araujo, Alberto Araujo Jr., Robert N. Strickland, Sharon Strickland, Edward Pawley III, and Clara Pawley, from the Planning Board of the City of South Miami, Florida, for the property known as 5786 Progress Road, South Miami, Florida 33143 and legally described hereinbelow. and for property known as 5770 Progress Road, South Miami, Florida, and legally described hereinbelow. 4/5 (P.6. /Administration.) OFFICIAL A &ENDA November 5, 1991 page 2 RESOLUTIONS FOR PUBLI'C'HEARING: JW�� lllfz(4l 8. A Resolution of the Mayor and City Commission of the City of South--Miami, Florida, granting a request by Gerardo and Ana R. Socarras from the Planning Board of the City of South Miami, for a variance from Section 20 -3.5 E of the Land Development Code to permit a side setback of 5.75 feet on the west side only, where a setback of-7.5 feet is required for the property known as 6374 SW 42nd Street, South Miami, Florida 33143 .and legally described hereinbelow. (P.B. /Administration) 4/5 RESOLUTIONS: 1,2_1 q I " l] /P/ 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, expressing the concern of the City of South Miami, with the proposed University Village of the University of Miami and urging the City Commission of the City of Coral Gables, Florida, to consider alternative development plans which would place less intensive uses along S.W. 57th Avenue. 9,�(Commisioner Launce]ott) 3/5 �� 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, resolving to reaffirm the City's Charter and directing. the City Attorney to prepare separate ballot question submitting the question to the electorate at the General Election in of February, 1992. O 3/5 (Administration) 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, seeking services of a new City Attorney and thanking the current City Attorney for services rendered to the City of South Miami. j�3 -Q "� rJ 3/5 (Vice -Mayor Carver.) 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a contract with Robert K. Swarthout, Incorporated for preparation of a concurrency management system for a maximum expenditure of $9,500.00; charging the disbursement to Building /Zoning Department Account No. 1610 -3110 "Planning Consul nt." (Administration) 3/5 faZ/- 4/- 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of glass, glass framing, doors, and casement and high fix windows for South Miami City Hail for a total price not to exceed $31,045.00 by Public Works Department and providing for disbursement from account number 1710 -4660 "Maintenance and repairs of City Hall." (Administration) 3/5 4 =� 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 $3,179.62 representing fees incurred for legal representation by Gregory Borgognoni of Ruden, Barnett et al in conjunction with litigation regarding the City's Comprehensive Plan; charging the disbursement to account number 2100 -9950: "Reserve for Encumbrance." 0a2�- Q J 9 Q-� (.Administration) 3/5 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of red clay for the City's baseball fields at South Miami Field and Murray Park for a total price not to exceed $3,000.00 by the Recreation Department and providing for disbursement from account number 2000 -4620 "Maintenance and Repair - Operational Equipment." (Administration) 3/5 OFFICIAL AGENDA November 5, 1991 page 3 RESOLUTIONS: /,X q I _ q1 �b 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to modify its agreement with Coral Gables, South Miami Khoury League, Inc., and to enter into a new agreement with South Miami F.O.P. Lodge 136, Inc., both agreements regarding the operation of a concession stand at South Miami Field. /c ',_q _ l i M (Administration) 4/5 17. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of a front end loader for a total price not•to exceed $2,620.00 by the Recreation Department and providing for disbursement from account number 2000 -6430 "E uipment - Operating." (Administration) 3/5 1�q -A1- ?I H- 18. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of one "Fotofile" by the Police Department upon the basis that there is one source of supply; authorizing the expenditure of $9,500.00 to Visatex n� Corporation for this equipment; charging the disbursement to account number 09 -1910 -6430: "Equipment - Operating." 42�—g1 -n1 PQ (Administration) 3/5 19. b A Resolution of the Mayfor and City Commission of the City of . Q South Miami, Florida, authorizing the purchase of eig hteen (18) 0. `J ( two (2) cubic yard dumpsters for a total price not to exceed $5,072.00 by the Public Works Department and providing for �o disbursement from account number 1720 -6430: "Sanitation \ Equipment - Operating." (Administration) 3/5 WORDINANCES - FIRST READING:,' � 20. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15 -63 of the Code of Ordinances of the City of South Miami, Florida, to permit mobile food vendors in RM -18 zoning districts; providing for terms and conditions; providing for severability and an effective date. pya 1 1.,A1 1-7 (Commissioner Launcelott) 4/5 City 21. An Ordinance of the of South Miami, Florida, amending the Land Development Code of the City of*South Miami, Florida, by deleting the existing Section 20 -5.3 and enacting a new Section 20 -5.3 thus permitting concurrent zoning changes to planned unit developments and underlying zoning; providing for severability, ordinances in conflict, and an effective date. -j (Vice -Mayor Carver) 4/5 11_ " 22. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15 -63, miscellaneous provisions of the Code' of Ordinances of the City of South Miami by permitting open lot Christmas trees sales as a special use in SR and GR zoning districts; providing for terms and conditions of the special use; providing for severability; providing for ordinances in conflict; and providing an effective date. (Commissioner Launcelott) 4/5 OFFICIAL AGENDA November 5, 1991 page 4 ORDINANCES - FIRST READING: 000 lath 23. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, transferring the comprehensive fee schedule provided by Ordinance 14 -90 -1454 into the Land Development Code as Section 20 -7 thereof; providing for severability; providing for ordinances in conflict; and providing an effective date. la 13 (Administration) 3/5 24. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to submit to the electorate the question of whether to construct a new Public Works facility by borrowing the funds or by disbursing the funds from the City's Revolving Trust Fund. (Mayor McCann) 4/5 25. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Sections 20 -3.6 (H)(2) of the Land Development Code by adding a new Subsection (c); amending Section 20 -3.6 (I)(4) and Section 3.6 (I)(5) of the Land Development Code to clarify regulations relating to hedges, fences, and accessory structures; providing for severability; providing for ordinances in conflict and providing an effective date. (Mayor McCann) 4/5 REMARKS: Ms. Dottie Antique Paradise, 5828 Sunset Drive, South Miami to address the Commission regarding Sanitation fees for her store. Your are hereby advised that decision with respect to any or hearing, such person will of the proceedings is made, and evidence upon which the if any person desires matter considered at need to ensure that a which record includes appeal is based. to appeal any this meeting verbatim record the testimony C ALL US ,EFORE ED I NG A F 1',04 P02 ORDINANCE NO. AN ORDIN;XINCE OF THE H.24YOR :AHD CITY COMMIS810N OF THE, CITY 3F SOUTH MIAMI.. FLORIDA; 2&MENDING SECTION 2G- 3. 3 - - ND DEVELOPXENT CODE Cj,-. (D) OB THE Li THi� CITY 07 o u, r v R1 AH I r FLORIDA TO PERMIT AUT0H0BTT,2 p STRUCTURR AS X SP422TAL USE IN RO DISTRICTS; 2iMRNDING 9ECTION 20-3.-1 OP THE CODE TO ADD Fk NEW SECT101 SETTING FORTE TRE' SPECIAL USE CONDITIONS FOR AUTGHOB11,711'; P"ARKING STRUCTURES IN RO DISTRICTS; PROVIDItIC j,OF, 9RVERAnILI2"Y; PROV v IDING FOR OPDINikNCES IN PROVIDING AN 2F.'�BCTIVE DATE. WHEREAS, the City of sok1th 'rjiamj, Florida ha, enacted a Land Devt!1opmeijt code providing ic)r a 19chedule; and WHEREAS, there presently does no-c exist a oery�iittci d Parking structures witi)ln the RO disrrict; and the Mayor and City Commis:3ion wi6h to Land Dev. —':-,mont codt; to provide for pa-kinq' ztructuri --; the RO district a-, a specia! use in the -Iujeri,iitted unfp NOW, THEREFORE, S2 AIT ORDAIN21) BY THE COM14ISS1014 OF THE CITY OF FOUTH Sect 1 j LEInd of the Cit-Y Of Sou t;! 4,- 1 'L Ai r,orida be, and ht-re permit parking cl SQL!cja1 use in follows: Automobile Parking Structure N"M'YOP -`iND CIT'- . Develepmcn- .-. :)y R0 d1 :-A r- t—. C P ZONING DISTRICTS .3 A IR, R L M IS, S G 0 0 0 R R R 0 15 Se —ot 1.(�n 2 Section 20-3.4 of the LLnd De ve of the City of Ll rp I die, and r is, hezj^by 7, jr. t-jj � (a te, add a new section (15) as fojjoL,r:5- A 1; (15) PARI: I" G STRUCTURE IN RO DISTRICTS. Par L, i n cj structure in ROG d1.5triat* are -,pC.'-rmiJ't;tEd 13:ovided thz:t parking .- not nno.-t., than two 1eve16 on RIO Pro Pe = ty where an RO PrOPerf!-Y abuts a HO property and whert-, t}-v! 4/ CALL US' BEFOPE SDNOINIG A FAX RO Pxop,2rty is to be used solely to provide off-sti:eet parking to serve a building or !4 portion ox d building to be constriact,:!d , solely on the mo property, subject tc:, the following conditions: (a) a iinity of tit-le- linking the HO and MO properties shall be provided; (b) no main building shall be constructed on the R:: property; (c) the square footage of the building (a) to b constructed on the MO property shall not exceed wliat iij permitted by the zoning regulations to be constructed on t1o; CO properly; d ) the finished -;:I uor elevation of. the second parking shall. bL no higher than four (4) fe-at six 1%�) al)ove grade; (e) the second parking level shall conform to all. setback rtqulritments, of" the RO district except Lhat it shall be p e r n, i t t. t-- & at five (5) i0ot initerlo!: Side setback; (I-) the second pa-,Iking level small meet all the teqU_',1:e111d;1tL of Sec. 20-4.5, Vehiculdr Use Area Landscaping, 63 If It Vere at: grade parking, including, but not limited required landa;cape 1., la,nd,, (g) the ingress and eqzd5s to the RO property shall be solely from th(--- mo pope: ty and shall not be permit pct from right-of-way (s) Abutting the RO property and :;hall not create adv,!:�:Se traffic conditions; (h) the second parking level shall be designed, lz_And6,,;zrje: I - and screened iron vlew, 14--c the maximum extent poz!sible. (I) the proi-.)osed plans Shall be subJect to comPIO-Le- approval, r odific,,tlDn or denial by the Environmental 2 004 P03 -,;LL SEFOPE SENDING ; Fr „`,` C1(); PO4 f s and Prene.-vation Board pursuant to Sec, 20 -6 (C) to the preservation or the residential character of the RO, �! .• a !z property, nd thf, av__all integrLty of the developmer,_, (J) a Declaration of Restrictive covenants providing fUZ: substantial compliance with the architectural and landscaping plan” offered as part of the application and Eurt:her providing for the perpetual, maintenance o : landscaping as 6hovn on the landscaping plan, shall be submitted as part~ of the application and reviav o the City ?atto}Lriey and of the City Commission. Trio Declaration of Rsst:rictive Covenants shall be recorded In the Public_ Records of Dade County, at the owner':, °_xPenac, immedi ate 1y following any approval of thy application; (k) a Publ Ic Haar i.ng by tre City Commission sham n,? held t..; determine the overa11 compatibility of the proposed use with thr neighborhood. .'he application for a per-'a! i Ut5e Pµ, rti t, as tovidecl hereln, ,hall only be q anted if the City affirmatively find, In it'z discretion, thet tf7L application. meets the criteria fa) through (j) IILI"ttd =above and further affirrnarive 'y finds that thc:application preserves and enhances, to the maximum n::ten* passible, based upon merits of tht. Landscaping i,,�0 - 3rchi.t :-�ctura1 plans submitted, the resldtntial character o£ the RO property as it relates to the suxtounding n_,ighbor.hood. In the making of thri above finding, the City Commission may consider, lar ;lorry othc.- evidence y, resented, the testimony of affected neighboring property owners. Section-2. I" any section, clause, sentence, or ph-_ Z _ o this Ordinance is he?.cl to be invalid or uncanstitutiona? by ;tn�- court of competei,t Jurl -sdic % ion, than said holding shall ..rt rio way affect the vaIIcii ;v of the remaining portions Q 4 - -h OrdinanrP. 3 F ;LL US BEFOPE SEND I NG A FA' ,' 004 PO-i ff Section 3. All Ordinances or parts oz Ordincinct* in conilict herczvith be ti the. :3ame aze hereby repe-d1cd, �cion 4. hl! Ordinance shall. take effect- the time of, its passage. PASSED J111IND ADOPTED th,.s th day of APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORIA: CITY nTTORNEY r Mr. Gutierrez read the request. Mr. Mackey noted that a copy of the proposed Ordinance has been given to each Board member. The Chair called the Public Hearing open, asking for those present who may wish to speak either for or against the Ordinance to identify themselves. There being none, the Public Hearing was closed and Executive Session called. Mr. Gutierrez asked Staff for the reason for the changes in the Ordinance, to which Mr. Mackey answered that this had been omitted from the previous Code and the City Commission wished *to include the subject in the new Code. Since the Ordinance and Minutes were only given to the Board members just prior to this evening's meeting, Mr. Ligammare allowed a few minutes for the Board to familiarize themselves with their contents. Mr. Lefley, referring to page 2, 3rd paragraph from the top, (B), which stipulates that, "no main building shall be constructed on the RO property ", feels that this appears to change the complete use by prohibiting the RO and says that "a garage is to be the soul use." Ms. Lama explained that this is to be an accessory to something which is in MO. Mr. Lefley also questioned Item G on page 2 concerning "Ingress" and "Egress ". It states that, "it shall not be permitted from Right -of -Ways abutting the RO." Ms. Lama explained that the intent is to keep the traffic out of the RO property. He asked if that would hold up in court. Mr. Parr asked Staff what type of building is typically found in RO zoning? Mr. Mackey replied that this would be an office building that "mimics" a single family residence. This can be one or two story structures. Mr. Gutierrez asked if this would call for site plan approval by ERPB and the City Commission. Mr. Mackey said yes and that it must go through the Special Use Permit process as well. Mr. Parr asked if there are any examples of this modification already existing in the City of South Miami? Mr. Mackey said that there might be but he knows of none specifically. Ms. Lama agreed and explained that there are only two locations within the City where this might be possible. Mr. Gutierrez asked, if an MO and RO properties were joined and provided a Unity of Title, would the setbacks between those two properties be waived? Mr. Mackey explained that the setbacks would be modified by this proposed Ordinance. This would become a single . property with two zoning districts. In this case, Mr. Gutierrez PB Minutes 08 -27 -91 A if asked which setback would be used? Mr. Mackey said that the setback would be applied to the part of the building in each specific zoning area. He further explained that this proposed Ordinance is specifically designed to provide for a parking garage on the RO property only. The setbacks for RO would be applied as regulated by this Ordinance to the garage and the setbacks to the office building as provided for in the MO district. The two projects will not cross the line between the two districts. Mr. Parr made a motion to approve the request the Mayor and City Commission. Motion dies for lack of a second. Mr. Lefley asked that the Board consider including access solely from the MO property and include it in the recordable covenants. He explained that a Recorded Restrictive Covenant gives the City the right to enforce the various provisions, including such items as landscaping and its perpetual maintenance, etc. The key is to ensure that vehicles do not impact the adjacent residences. To protect these residences, traffic must be forced to enter from the MO property, which is also stated previously but is not included in the Restrictive Covenant clause,(Sub- section J). Ms. Gonzalez asked why the entire Ordinance could not be placed under a Restrictive Covenant? Mr. Lefley explained that his intention in strengthening the proposal is for the protection of the residences. This would prevent future variance requests without court approval. Mr. Lefley moved to approve the Ordinance as stated above and presented by Staff with an Amendment relating to paragraph j on page 3, line 5, after the word "plan ", and adding the words, "and that ingress and egress to the RO property shall be solely from the MO property,..." Mr. Parr seconds the motion, for discussion. Ms. Gonzalez asks that the following be included," ... and shall not be permitted from Right -of- Ways) abutting the RO property" with the deletion of 11 ... and shall not create adverse traffic conditions." Mr. Lefley accepts this additional change. Mr. Parr rescinds his second and seconds the amended motion. Mr. Eisenhart feels that by not deleting Sub- section "g" in its entirety_, it may not be decisive enough, by saying one thing in 9ne place and another thing in a different place. Mr. Lefley stated that the body of the Ordinance gives Staff direction as to handling the application. Mr. Eisenhart would like the word "adverse" to be re- considered under Sub - section g, page 2. He feels that this could be circumvented in some manner but he has no suggestion, at the moment, as to any means of correcting it. Mr. Lefley said that this is the right way to handle it because the garage is for the benefit of the MO owner anyway. Mr. Gutierrez stated that this is intended to be a buffer between a residential neighborhood and a commercial neighborhood. By reducing the interior setback, the residential neighborhood is affected. He is concerned that the reduced setback will bring the vehicles using the garage to 5' from the setback of any adjoining residence. Mr. Mackey said that height requirements are separately regulated within the ordinance. Mr. Gutierrez feels that the height restrictions as stated will not prevent the possibility of a 12' wall being erected 5' from a residence. He is not against the parking garage but feels that it should be more restrictive. Ms. Lama reminded Mr.' Gutierrez that there are only two areas in the City which accommodate this zoning and neither is adjacent to a residential district. Vote: Approved: 5 Opposed: 2 (Gutierrez) (Eisenhart) ORDINANCE NO. 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. WHEREAS, the Mayor and City Commission desire to provide clarification of the use heretofore known in the Land Development Code of the City of South Miami as "Eating Place" to better regulate the distinct types of businesses which have operated under this use, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows: CATERING SERVICES. Shall mean the business of providing food for special events such as wedding receptions, parties or corporate entertainment. Catering services shall not include any restaurant use or food and beverage consumption on the premises. £A�P�N6- P�sEE--- S�ietl�- Kneen- anp- eet�ng- esteb��shMent- �ahe�e -deed -end - se�*aed- snd- eenst��neel -en- the- preM�ses- RESTAURANT. Shall mean an establishment for the sale of food and beverages, the method of operation being either: sit -down restaurants where customers are provided with an individual menu and food and beverages are served by a restaurant employee, or cafeteria -type restaurants where food and beverages are served and are consumed on the premises. RESTAURANT, ACCESSORY. Shall mean an establishment for the sale of food and beverages which has access to a common circulation area within an office center. This use may include take -out service and delivery service. Seating must be provided for all patrons. RESTAURANT, FAST FOOD. Shall mean an establishment for the sale of food and beverages where the method of operation is that of a fast - food or drive -in restaurant, and where food and beverages may be served directly to the customer in a motor vehicle. This use may include delivery service with the approval of the City Commission. 1 Section 2. That Section 20 -3.3 (E) of the Permitted Use Schedule be amended to delete the following: C P ZONING DISTRICTS O A N R R L M N S G I D K 0 0 0 R R R 1 S G -- -S S S P -- ---- Eetig- Plaee- fseeessarp } - - -- -- -S -S -- -- -- -- - -16 -- - -� Section 3. That Section 20 -3.3 (E) of the Permitted Use Schedule be amended to include the following: C P ZONING DISTRICTS O A N R R L M N S G I D K O O O R R R S G Restaurant, Fast Food I I I I I I S1 S1 4(b) 17 Section 4. That Section 20 -3.4 (B)(4) of the Special Use Conditions be amended to contain the following: (4) RESTAURANTS (a) RESTAURANT i. For restaurants located in the SR zoning district, if the street frontages of restaurants in any block exceed twenty (20) percent of the total street frontage for that block, then any new restaurant is prohibited from locating in that block. ii. All such establishments shall provide only inside or patio service on private property. iii. No services of a walk -up, drive -in or of a fast food nature shall be permitted. Seating must be provided for all patrons; delivery service is prohibited. iv. The City Commission shall review and approve the site plan. (b) RESTAURANTS, FAST FOOD i. No vehicular ingress or egress shall be permitted along streets & rights -of -way bordering residential zoning districts in the City of South Miami. ii. All Fast Food Restaurants shall be spaced a minimum of three hundred ( 300 ) feet from any other Fast Food Restaurant. iii. The City Commission shall review and approve the site plan. E 0 Section 5. 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 6. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 7. This Ordinance will take effect immediately at the time of its passage. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 3 , 1990. r t � City of South Miami NOTICE OF PUBLIC HEARING on Tuesday, November 5, 1991, at 7:30 P.M. in the Commission Chambers, the City Commission of the City of South Miami will conduct a Public Hearing on the following matter, Applicant; Alberto & Aleida Araujo & son Alberto Araujo; Robert & Sharon Strickland; Edward & Clara Pawley Request To reduce the number of required off - street parking spaces up to fifty (50) percent for two existing structures located within five hundred (500) feet of the South Miami Metrorail Station. Section 20 -4.4 (H) of the City of South Miami Land Development Code. Legal: Lots 56 thru 59 inclusive Block 9, Realty Securities Corporations Townsite.of Larkins, according to the Plat thereof as recorded in Plat Book 2 at page 105 of the public records of Dade County, Florida. Lots 52, 53, 54, and 55, Block :9, Townsite of Larkins, according to the Plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Dade County, Florida. Address: 5786 Progress Road 5770.Progress Road South Miami, Florida YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 286. 0105) PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6190 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, AT THE TI ME AND DATE STATED ABOVE. STRICKLAND & PAULEY 101 SARTO AVE CORAL GABLES, FL 33134 MARY E BOAN #204 4168 INVERRARY DR LAUDERHILL, FL 33319 M SIMON MORRIS INVESTMENT C/O SIMON & SIMON P O BOX 14009 14 NE 1ST AVE #608 CORAL GABLES, FL MIAMI, FL 33132 33114 F HERMAN TR 5465 SW 85 ST MIAMI, FL 33143 M & M BRENDLE 7025 SW 96 ST MIAMI, FL 33156 COURY INVESTMENT LTD C/O P W BELL PO BOX 343914 CORAL GABLES, FL 33114 M & M FINLAY 11891 SW 51 ST MIAMI, FL 33175. M & M GONZALEZ 6841 SW 134 AVE MIAMI, FL 33183 MJM ENTERPRISES 5879 COMMERCE LN S MIAMI, FL 33143 J STONER 5835 COMMERCE LN MIAMI, FL 33143 LEHAR INC 7840 SW 53 AVE S MIAMI, FL 33143 H HUFFMAN 507 BOXWOOD LN NEW SMYRNA BCH, FL 32069 M & M STYLES 5869 PROGRESS RD S MIAMI, FL 33143 M & M KRUEGER 6310 SUNSET DR S MIAMI, FL 33143 PLANNING DIRECTOR 405 BILTMORE WAY CORAL GABLES, FL 33134 WILLIAM FURR. 741 SUNSET DR CORAL GABLES, FL 33143 M & M LIPSON 1627 NE 108 ST N MIAMI, FL 33161 N GREEN 3500 GRANADA BLVD CORAL GABLES, FL 33146 M BOAN #204 4168 INVERRARY DR LAUDERHILL, FL 33319 PSYCHO - SOCIAL REHAB M & M BOATWRIGHT CENTER OF DADE COUNTY 15410 SW 84 AVE 5711 S DIXIE HWY' MIAMI, FL 33157 MIAMI, FL'33143 WAKENHUT CORP 1500 SAN REMO AVE CORAL GABLES, FL 33146 DISON & PEARSON 5863 -65 COMMERCE LN S MIAMI, FL 33143 REED TSAOUSSIS 5795 COMMERCE LN S MIAMI, FL 33143 DADE COUNTY GSA R/E MGMT HUMAN RES. USER 111 NW 1 ST #2400 MIAMI, FL 33128 L STINSON JR TR ELSA M FRANQUI 5885 COMMERCE LN S MIAMI, FL 33143 M & M DISON 8031 SW 58 AVE S MIAMI, FL 33143 C ROSENBAUM 7000 OLD CUTLERRD CORAL GABLES, FL 33143 RALPH COKER JR 5845 SW 68 ST S MIAMI, FL 33143 M & M MOBLEY D L JENKINS COLLEGIATE MKTG P 0 BOX 330451 5815 SW 68 ST P 0 BOX 950181 MIAMI, FL 33133 MIAMI, FL 33143 LAKE MARY FL 32795 D .GUTHERY P 0 BOX 950181 LAKE MARY, FL 32795 FLA POWER & LIGHT P 0 BOX 14000 JUNO BEACH, FL 33408 FLAGLER FED S & L 5715 SW 72 ST S MIAMI, FL 33143 COMMERCE LN ENT 5757 SW 68 ST S MIAMI, FL 33143 A ABRAHAM 6600 RED ROAD S MIAMI, FL 33143 MOBILE OIL CORP P O BOX 290 DALLAS, TX 75221 AN RESOLUTION Or TFIE {: YOR AU'D CITTY rOMMISSION OF THE CITY OF SOUTH MIAMI, i LOR10h, RESOLVING TO REAFFIRM THE CITY ' S CHARTER AN .1 D: Ri CT'I NG T) -E CITY :1^TORN -E' z TO PREPARE A SEPARATE; B.'k -I ILOT QUESTIOt4 SUBMITT :I G THE QUESTION `['C� THL-: L �Er'TOPATE AT THE GENT: RAL t'.L CTIO :.T THE GENERAL ELECTI C r; N OP FEBRUARY, 1 S 9`. WHEREAS, the Cir_v's Ch Arter is the basic do wment upc:', .;h .(.-h the City of South ; -Siaml qov -vrn� itself; and WHEREAS, Florida provide that upon tt)e fa i l.ur�. to rea {firm Charter . ;iitpr- Jo y 1, 1.9 73, 3tat Stmt ite5 c:lil yJ�G�il by Clefault;; and WHEREAS, The 'Xayi, r =+nd City i:ommi:3m ian Lherc ore to w submi t tht fc: -r- reaf S.a tnatlon to the electorate at 1: Genet,.-,I F;!.- action in r-t: bruuz'y, 1992; NOW, THIERFFi.:)RZ. iiF IT RESOINED BY THE MAYOR AND THE COMMISSION OF THH, CI T'1` ,j S UTN L 0 R1. D., CO :V V At;Ca1 nt CAE, czr.�1 hereb y i, i. trLctCd to prepare. din t3rz i:Zcance ! 1ubiikit:tinq quc- r, tI - un, to th`. elect ar_r _:0;r the C n r 6 1 -r, for Febru ar-y', 199.^'-: Shall the pr��e-nt- Ch,2r.rilr of City f South s G 4h :41 arn1 ur.- reaf f irated? YLS N0 PliSSED )"% 14 D AJCIPI Li t:GiIS - �f Cl'a1� APPROVED: i nYOR ATTEST: CITY CI-, Er :1;._._�__,__.�_— _.---- .- __ -�-- READ AND i:P�r 0`JEI> .hS I"U, POP. ,! . RESOLUTION NO. A.: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RESOLVING TO REAFFIRM THE CITY'S CHARTBR'AND DIRECTING THE CITY ATTORNEY TO PREPARE A SEPARATE BALLOT QUESTION SUBMITTING THE -QUESTION TO THE ELECTORATE AT THE GENERAL ELECTION AT THE GENERAL ELECTION IN of FEBRUARY, 1992. WHEREAS, the City's Charter is the basic document upon which - the City of South Miami governs itself; and WHEREAS, Florida Statutes provide that upon the failure to reaffirm Charter after July 1, 19 73, State Statutes will govern by default; and WHEREAS, The Mayor and City Commission therefore wish to submit the Charter for reaffirmation to the electorate at the General. Election in February, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: } Section 1. That the City Attorney be, and hereby is, instructed to prepare an Ordinance submitting the following questions to the electorate for the General Election scheduled for February, 1992: Shall the present Charter of City of South Miami be reaffirmed? YES NO PASSED AND ADOPTED this "_th day of November, 1991 APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: roA- r RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SEEKING SERVICES OF A NEW CITY ATTORNEY AND THANKING THE CURRENT CITY ATTORNEY FOR SERVICES RENDERED TO THE CITY OF SOUTH MIAMI. WHEREAS, Martin D. Berg has served the City of South Miami as City Attorney from May 3, 1990; and WHEREAS, the City is now desirous of seeking services of a new City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission of the City of South Miami is seeking services of a new City Attorney for the City. Section 2. That the City Clerk be, and is hereby, directed to advertise for applicants for the City Attorney's position. Section 3. That the City Commission extends thanks to Martin D. Berg for his services to the City as City Attorney. PASSED AND ADOPTED this day of , 1991. ATTEST: CITY CLERK APPROVED: MAYO R RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ROBERT K. SWARTHOUT, INCORPORATED FOR PREPARATION OF A CONCURRENCY MANAGE- MENT SYSTEM FOR A MAXIMUM EXPENDITURE OF $ 9,500.00; CHARGING THE DISBURSEMENT TO BUILDING /ZONING DEPARTMENT ACCOUNT NO. 1610 -3110 "PLANNING CONSULTANT ". WHEREAS, a concurrency management system is required of municipalities pursuant to Florida Statute 163.3202 (2) (g) and by Florida Administrative Code Rule 93- 5.0055; and "HEREAS, pursuant to those requirements, the City — im.•istration has obtained a proposed contract from Robert K. swarthout, incorporated for preparation of a concurrency management systam, including preparation of computer software to administer the sy -stem and training staff to use the software (a copy of which contract is attached hereto); and WHEREAS, the City Charter in Article 111, Section 5 H provides "All contract for services in the excess of $ 1,000.00 shall be approved by the City Commission "; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager be, and hereby is, authorized to exer.ni-P the attached contract with Robert K. Swarthout, Incorporated for preparation of a concurrency management system, including preparation of computer software to administer the system and training staff to use the software for a maximum of $ 9,500.00. Section 2.. That the disbursement be charged to Building /Zoning Department account no. 1610 -3110 "Planning Consultant ". PASSED AND ADOPTED this th day of October, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: ITY ATTORNEY City of South Miami INTER — OFFICE MEMORANDUM To: Mayor and /mpton ssion is FCity Mana D ATE: September 24, 1991 SUBJECT: Contract for Concurrency Management System A local government Concurrency Management System is required by both Florida Statute and State Department of Community Affairs regulations. Accordingly, I have requested our Planning Consultant under our original comprehensive plan agreement to prepare the attached proposal for a Concurrency Management System. Funds are available under code 3110, Building & Zoning Dept. The estimated cost for this contract will not exceed $9,500. Your approval is requested. WFH:er cc: B & Z Director I;k , 1*--�. - . r, RoBER,T K. SwARTHow, INCORPORATED city planning consultants 400 South Dixie Highway, Suite 121 Boca Raton, Florida 33432 -6023 (407) 392 -5800 (305) 467 -5800 .- , al ;� September 19, 1991 ►� Mr. William Hampton, City Manager - SEP 3 City of South Miami 6103 Sunset Drive GiTY MANAGER'S OEEtCE South Miami, Florida 33143 SUBJECT: Concurrency Management System (CMS) Dear Mr. Hampton: This is an update and expansion of our November 10, 1989 and March 7, 1990 proposals on this subject as requested by Sonia Lama. Her request is in part prompted by two recent questions directed to us which can only be answered by preparation of a CMS. One dealt with a building permit request for a house on a street operating below the City Level -of- Service (LOS) and the other pertained to the formula for use in determining recreation LOS conformity. A CMS is required by both 163.3202 (2) (g) FS and 9J- 5.0055 FAC. Robert K. Swarthout, Incorporated has been responsible for the preparation of seven such computerized systems, including the nearby municipalities of Miami Shores and North Miami Beach. We would be happy to prepare a concurrency management system for South Miami. Our fee can be based on hourly rates plus direct expenses to a maximum of $9,500. Hourly rates range from $40.00/hour for technical support to $100.00/hour for senior professional time. The concurrency management system both assesses the conformity of a development permit application to the level -of- service standards and provides an accounting system which enables the City to keep track of development and its impact on facility service levels. In preparing the concurrency management system we go through some 16 steps involving policy decisions with the City, procedural questions, researching necessary data, form preparation, formula drafting, monitoring procedures and related tasks. We assist the City set up computer software to administer the system and we train the staff to use the software and the system. A detailed scope of services is outlined in Attachment A. A summary outline of the North Miami Beach system is also included. 1 v' Mr. William Hampton, City Manager City of South Miami September 19, 1991 Page 2 We suggest a 90 day period of completion of the work from time of authorization to proceed. Please return one signed copy of this letter or some other authorization for us to proceed. Sincerely yours, ROBERT K. SWARTHOUT, INCORPORATED JlC � Robert K. Swarthout, AICP RKS:tb Enclosures APPROVED FOR CITY OF SOUTH MIAMI William F. Hampton, City Manager Cathy R. McCann, Mayor 17, 0000' 0w SCOPE OF SERVICES TO PREPARE A CONCUR.RENCY MANAGEMENT SYSTEM Examine existing permit review procedures. Determine office to coordinate/receive concurrency applications. Determine which departments assist in review process. Determine which development permits undergo preliminary and final concurrency review. Prepare application forms. Determine what is vested and exempt. Determine formula for each LOS /type of facility for purposes of calculating concurrency; research data needed for equations. Determine relationship to County and FDOT traffic models. Outline facility capacity measurement system for each level -of- service category; update current and committed usage data by facility. Select demand generation rates (by land use category) for each public facility category. If deficiency exists, outline alternative methods to achieve concurrency. Establish appeals procedure. Determine when to grant final concurrency /facility capacity reservation, and when concurrency certificate expires. Establish facility capacity or concurrency monitoring system; computerized if appropriate. Prepare concurrency review manual and flow chart; staff training. Train local staff to perform concurrency reviews. Help establish concurrency review fees. 1944% • March 1991 NORTH MIAMI BEACH CONCURRENCY MANAGEMENT SYSTEM Note: "City'refers to City concuurency management team including Robert iL Swarthout, lucarpormte& 1. TRAFFIC ' Commentary. • The following applies only until the DCA Comprehensive Plan settlement is reached. • Robert IL Swarthout, Incorporated has developed a trip generation table (by land use). • City reviews applicant's trip generation and makes preliminary link assignment. • If concurrency is questionable, City asks applicant to do traffic study (or City team does study at applicant's expense). Calculation and Monitoring System (Preliminary): A. Enter latest volume counts for all arterials and collectors. B. Enter project traffic. • For concurrency, compare link total of A + B with FDOT LOS table or review applicant's traffic study. 2. SEWERS Commentary: • If project is not near sewer line, note septic tank as "concurrency." • If project is on or near County sewer line, follow calculations outlined below; applicant provides land use floor area square footage. Calculation and Monitoring: A. 91,000,000 g/d (capacity of WASD N.E. 151st St. plant). B . 1990 average flow at plant = 83,600,000 g/d. C. Project sewage flow (LDR Table II) = g/d. then B + C + 2% of B must be less than A l46)rk� 1 • 3. DRAINAGE Commentary. • Applicant uses FDOT graph (or similar mechanism) to show City DPW Director how site plan or plat drainage system meets concurrency standard. Calculation and Monitoring. • calculation - see above • monitoring - not applicable 4. WATER Commentary.- • LOS standard should be adjusted and clarified at next Comprehensive Plan amendment, i.e. make more meaningful. • In the meantime, see calculation below; it is recognized that the City uses County water even though it is not included in the LOS calculation. Calculation and Monitoring: A. City -owned plant capacity = 17,670,000 g/d B. 1990 average daily flow from city plant = 15,200,215 g/d C. 1990 U.S. Census City population = 34,901 people D . DUs approved (COs) since Apr. 1990: 38 x 2.5 = 95 people E. Project flow (from LDR Table I) g/d then: _A i.e. capacity must be in excess of 150 g/p /d (the LOS) C +D as a further check, compare &A to LOS: B +E should also be in excess of 150 C +D I L 2 • 5. SOLID WASTE Commentary. • Given the excess County disposal capacity, the LOS is most meaningful for City truck capacity /collection schedules. • See calculation below. Calculation and Monitoring.- A. 1990 average City - generated lbs. per day = 189,294 lbs/d B. 1990 U.S. Census or City population = 34,901 people C. DUs (COs) since Apr. 1990: 38 x 2.5 = 95 people D . Project lbs per day from LDR Table III = lbs/d then: A + D = _ lbs/person /day B +C if result exceeds 5.5 lbs/day, LOS exceeded and either truck fleet or collection schedule is in trouble 6. RECREATION Commentary. • If the population stays fairly constant and the City does not eliminate a facility, concurrency should not be a problem. • Applicant does not have to furnish anything other than number of DUs proposed, if applicable. Calculation and Monitoring: A. Neighborhood park acreage = 48 B. Tennis courts = 20 C. Basketball courts (includes gyms) = 8 D. Tot lots = 5 E. Gyms /auditoriums = 3 F. Playfields = 6 G. Swimming pools = 3 ltqslt**� 3 • H. 1990 City popul. = 34,901 persons I. DUs (COs) since Apr. 1, 1990: 38 x 2.5 = 95 persons J. Project DUs x 2.5 = persons then compare the results of the following calculations with the LOS list; the number must be higher than 1. • H + I + J =X 4$ = neighborhood park LOS = 1/1,000 1,000 x acres/1,000 popul. • H+I+J =x 20 = tennis courts/2,000 popul. LOS = 1/2,000 2,000 x • + I + = x 3- = bb. courts/5,000 popul. LOS = 1/5,000 5,000 x • H + I + J =x -5- = tot lots/15,000 popul. LOS = 1/15,000 15,000 x • H-+I+J =x -3 = gyms/30,000 popul. LOS = U30,000 30,000 x • H + I + J = x a = playfields/7,500 popul. LOS = 1/7,500 7,500 x • H+I+J = x 3 = pools/15,000 popul. LOS = 1/15,000 15,000 x i 4 RESOLUTION NO. A RESOLUTIOK- OP THE MAYOR ANCP CITY COIK*19810NT OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF GLASS, GLASS FRAMING, DOORS, AND CASEMENT AND HIGH FIX WINDOWS FOR SOUTH MIAMI CITY HALL FOR A TOTAL DRICE NOT TO EXCEED S 31,045.00 BY PUBLIC WORKS DEPARTMENT AND PROVIDINC FOR DISBURSEMENT FROM ACCOUNT NUMBER 1710 -4660 "MAINTENANCE AND REPAIRS OF CITY HALL" WHEREAS, pursuant to the 1991 -92 Budget of the City of South Miami, Florida, the Public Works Department of the City of South Miami, Florida was authorized to purchase glass, glass framing, doors, and casement and high fix windows for South Miami City Hall; and WHEREAS, the Administration of the City of South Miami has now obtained a cost of S 22,355.00 for rAmpmpnt and high fix windows, as well as cost of S 8,170.00 glans and glass framing and a cost of 5 520.00 for tempered glass instead of annealed glass, all from Coral Gables Glass & Mirror Corp. pursuant to the following governmental bid: Dade County Bid No. 698BB; NOW, THEREFORE? BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1._ That a purchase order is hereby awarded to Coral cables Glass & Mirror Corp. in an amount not to exceed 8 31,045.00 for glass, glass framing, doors, casement and high fix windows for South Miami City Hall. Section 2. That the disbursement be charged to account number 0:1710 -4660 "Maintenance and Repairs of City Hall ". PASSED AND ADOPTED this day of October, 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 13 APPROVED: MAYOR RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO DISBURSH THE SUM OF $3,179.62 REPRESENTING FEES INCURRED FOR LEGAL REPRESENTATION BY GREGORY BORGOGNONI OF RUDEN, BARNETT ET AL IN CONJUNCTION WITH LITIGATION REGARDING THE CITY'S COMPREHENSIVE PLAN; CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100 -9950: "RESERVE FOR ENCUMBRANCES ". WHEREAS, by Resolution number 75 -90 -9102 passed May 22, 1990, the City Commission authorized the employment of Gregory Borgognoni of Ruden, Barnett a 11 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 2, 1991 for a total of $3,179.62; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3-action 1. The City Manager be, and hereby ia, authorized to disburse the sum of $3,179.62 to Gregory Borgognoni of Ruden, Barnett et al for legal services rendered in conjunction with litigation regarding the City's Comprehensive Plan. Section 2. The disbursement be charged to account number 2100 -9950: "Reserve for Encumbrances ". PASSED AND ADOPTED this th day of November, 1991. APPROVEDS MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY / . V { i� RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF RED CLAY FOR THE CITY'S BASEBALL FIELDS AT SOUTH MIAMI FIELD AND MURRAY PARK FOR A TOTAL PRICE NOT TO EXCEED S 3,000.00 BY THE RECREATION DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 2000- 4620 ftHkINTENANCE AND REPAIR - OPERATIONAL, EQUIPMENT" WHEREAS, pursuant to the 1991 -92 Budget of the City of South Miami, Florida, the Recreation Department of the City of South Miami, Florida was authorized to purchase red clay for the City's baseball fields at South Miami Field and Murray Park; and WHEREAS,'the Administration of the City of South Miami has now obtained a cost of S 15.00 per ton for 200 tons of red clay for a total cost of S 3,000.00 from Melbourne Sand Co. Inc. pursuant to the following governmental bid: City of Miramar number'90 -0144; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1_ That a purchase, Q ,gder is hereby avarderi to Melbourne Sand Co. Inc. in an amount not to exceed $ 30000.00 for red clay for the City's baseball fields at South Miami Field and Murray Park. Section 2. That the disbursement be charged to account number 2000 -4620 "Maintenance and Repair - Operational Equipment ". PASSED AND ADOPTED this day of November, 1991. ATTEST: CITY CLERK � READ AND APPROVED AS TO FORM: CITY ATTORNEY /o6o APPROVED: MAYOR RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY ADMINISTRATION TO MODIFY ITS AGREEMENT WITH CORAL GABLES - SOUTH MIAMI KHOURY LEAGUE, INC. AND TO ENTER INTO A NEW AGREEMENT WITH SOUTH MIAMI F.O.P. LODGE 136, INC., BOTH AGREEMENTS REGARDING THE OPERATION OF A CONCESSION STAND AT SOUTH MIAMI FIELD WHEREAS, the City of South Miami Department of Recreation operates programs and activities for the youth of the City at South Miami Field; WHEREAS, there presently exists an agreement between the Citv and the Coral Gables - South Miami Khoury League, Inc. for inter alia the operation of a concession stand at South Miami Field for the sale of soft drinks and snacks; WHEREAS, the League has informed the City it does not have the manpower to operate the concession stand and has requested a release from the contractual requirement to operate the concession stand; and WHEREAS, South Miami FOP Lodge 136, Inc. has Vffered to operate the concession stand upon a responsible basis, including payment of 25% of its net profits; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR. AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Administration of the City of South Miami be, and hereby is, authorized to enter into a modification of its agreement presently in effect with the Coral Gables - South Miami Khoury League Inc. to release the League from its duties and rights for the operation of a concession stand at South Miami Filed for the months of January through May, 1992. Section 2. The Administration of the City of South Miami be, and hereby is, authorized to enter into an agreement with South Miami FOP Lodge 136, Inc. for the operation of a concession stand at South Miami Filed, upon a responsible basis including payment of payment of 25% of its net profits, for the year 1992. 16 PASSED AND ADOPTED this th day of November, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Coral "Gables - South Miami Mr. Jim Cowen, Recreation Director Parks and Recreation Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Cowen: Khoury League P.O. Boat 430891 South Miami, Florida 33243.0891 October 28, 1991 Pursuant to our recent conversation, this letter is being written to confirm that the Coral Gables - South Miami Khoury League relinquishes all rights and responsibilities regarding the operation of the concession stand at the South Miami Field for the upcoming current year January 1992 - May 1992. If you have any questions, please don't hesitate to contact me. 'ncerely, Wiegrefe League Commissioner JW /dw /6 MODIFICATION OF AGREEMENT WHEREAS, a certain Agreement Was executed December 31, 1987 by and between CORAL GABLES - SOUTH MIAMI KHOURY LEAGUE, INC., as Concessionee, (hereinafter referred to as "the League ") and the CITY OF SOUTH MIAMI, a Florida municipal corporation, as Owner, (herein - after'referred to as "the City ") for the premises commonly known as South Miami Field, South Miami, Florida, as described in the aforesaid Agreement; and WHEREAS, the League does not have the manpower to operate the concession stand and the South Miami FOP Lodge 136, Inc. is prepared and able to operate the concession stand; and WHEREAS, the League hereby certifies that the above mentioned Concession is currently in good standing and not in default. NOW, THEREFORE, for and in consideration of the mutual covenants and benefits hereinafter recited, the parties hereto agree as follows: 1. The City does hereby release and forever discharge CORAL GABLES - SOUTH MIAMI KHOURY LEAGUE INC. from any and all further obligations or liability arising out of its obligation as Concessionee only (and not for its other obligations) under the aforesaid Agreement. 2. The League does hereby release and forever discharge the City from any and all further obligations or liability arising out of its rights as Concessionee only (and not for its other rights) under the aforesaid Agreement. 3. Except as modified hereinabove, the aforesaid Agreement remains /6 in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals at South Miami, Dade County, Florida, the dates set forth below. Dated this day of October, 1991. CORAL GABLES —SOUTH MIAMI KHOURY LEAGUE INC. By President Attest Dated this day of October, 1991. Secretary CITY OF SOUTH MIAMI by William F. Hampton City Manager Attest Rosemary Wascura City Clerk iV RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF A FRONT END LOADER FOR A TOTAL PRICE NOT TO EXCEED S 2,620.00 BY THE RECREATION DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 2000 -6430 "EOUIPMENT - OPERATING " WHEREAS, pursuant to the 1991 -92 Budget of the City of South Miami, Florida, the Recreation Department of the City of South Miami, Florida was authorized to purchase a front end loader; and WIIEREAS, the Administration of the City of South Miami has now obtained a total Cost of $ 2,620.00 from Ford New Holland pursuant to the following governmental bid: State of Florida contract number 765- 900 -911; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is hereby awarded to Ford New Holland in an amount not to exceed $ 2,620.00 for a Ford 1708 front end loader. Section 2. That the disbursement be charged to account number 2000 - 6430: " Equipment - Operating ". PASSED AND ADOPTED this day of November, 1991. APPROVED: MAYOR T ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY /7 RESOLUTION NO. ^_ A RESOLUTION OF THE MAYOR AND CITY. COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE PURCHASE OF ONE "FOTOFILE" BY THE POLICE DEPARTMENT UPON THE BASIS THAT THERE IS ONE SOURCE OF SUPPLY; AUTHORIZING THE EXPENDITURE OF 59,500.00 TO VISATEX CORPORATION FOR THTS EQUIPMENT; CHARGING THE DISBURSEMENT TO ACCOUNT NO. 09- 1910- 6430:11EQUIPMENT - OPERATING ". WHEREAS, the Police Department of South Miami has previously budgeted the purchase of a Fotofile, detailed in the attached exhibit, in the 1991/92 budget; and WHEREAS, pursuant to that budgetary authorization, the Police Department has inquired with various manufacturers to determine the availability of the equipment; and WHEREAS, the results of that inquiry have been that only Visatex Corporation sells this equipment; and WHEREAS, Article III, Section 5 H of the City Charter requires competitive bids from at least three different sources of supply, if available, such determination to be made by the Commission, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission of the City of South Miami, Florida do hereby authorize the City Administration to waive the bid procedure set forth in Article III, Section 5 H of the City Charter, for the Fotofile to be purchased by the City of South Miami Police Department upon the basis that this type of equipment is only available from a single source of supply: Visatex Corporation. Section 2. That the City administzdtion be, and hereby is, authorized to expend the sum of $ 9,500.00 to Visatex Corporation for the purchase of the aforesaid equipment. Section 3;_ That the disbursement be charged to account no. 09 -1910 -6430: 1 q "equipment - operating ". • PASSED AND ADOPTED this th day of November, 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY _. APPROVED: MAYOR 2 18,'::1/91 13:423 408866b558 lI� TE! CORP. - -� -sac VIGATEN 1' CORAORATIOra QUOTATION October 21, 1991 Mr. Mark Masonis South Miami P.D. -M DESCR PI TION 1 FotoFile Software 1 Accessory Library 1 Capture & Display Board 1 5.25 800MB WORM disk 1 Blank 5.25 disk 1 RGS Muitlsysnc monitor 1 Panasonic video printer 1 Microsoft Windows & Mouse 1 YR Software support 1 Day installation & Training This quotation Is valid until 11!1!91 TOTAL: Respectfully submitted by: Don Sumner jez -- /t PRI E $ 2495 200 990 2860 Included 440 2000 175 250 90 $ 9,500 Visatex Corporation 1745- Dell Avenue Campbell, CA 95008 U.S. S Canaaa: 1.800.72? -3729 International: 408 -866 -6562 Facs-mile; 408 - 866.6598 10/16/91 13:06 4088666598 VISATEX CORP. PAGE: 0'. WERE gRP�l��lll .,*W* * * * * * * *. * *. *. **W** ► * * * *. * * -& . ** F A X T R N$ M I T T A L M H M d T8: �k%,FGk.. NO. DEPT FAX p PAGES FROM: L20=51 / ONE. CO: FAX: l Po"'txand tax tren;M tal memo 7671 AFFIDAVIT Visatex Is the manufacturer of the product known as: FOTOFILE Visatelx Corporator 1745 Dell Avenue Campbell, CA 9500 U.S. & Canada: 1- 600 - 722 -37, International: 408 -866 -6562 Facsimile: 408 -666 -6696 This Is a unique product, which was custom - designed to assist In the Computerization of a specific Law Enforcement function. Specifically, this product has the following unique characteristics, which to the best of our knowledge, is not avaliable in any other products currently available on the market: FOTOFILE - A computerized mugshot accessory which can be easily Interfaced with existing criminal records management systems. The product Is distributed in the state of Florida directly by Visatex, and there are currently no other authorized and active Dealers of this product In the state of Florida. Date: October 16, 1991 Don Sumner -- President RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF EIGHTEEN (18) TWO (2) CUBIC YARD DUMPSTERS FOR A TOTAL PRICE NOT TO EXCEED $ 5,072.00 BY THE PUBLIC WORKS DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 172D -6430: "SANITATION EQUIPMENT - OPERATING" WHEREAS, pursuant to the 1991 -92 Budget of the City of South Miami, Florida, the Public Works Department of the City of South Miami, Florida was authorized to purchase eighteen (18) two (2) cubic yard dumpsters; and WHEREAS, the Administration of the City of South Miami has now obtained a cost of $ 5,072.00 from Hesco Sales Inc., 429 East 11th Avenue, Hialeah, Florida 33013 pursuant to the following governmental bid: Dade County 1062 --790. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is hereby awarded to Hesco Sales Inc. in an amount not to exceed $ 5,072.00 for eighteen (18) two (2) cubic yard dumpsters. Section 2. That the disbursement be charged to account number #:1720 -6430: "Sanitation Equipment - Operating ". PASSED AND ADOPTED this day of November, 1991. ATTEST: CITY CLERK - READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15 -63 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, TO PERMIT MOBILE FOOD VENDORS IN RM -18 ZONING DISTRICTS; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of South Miami does not presently permit mobile food vendors except on construction sites where work is actively in progress; in exhibitions and festivals not exceeding five (5) days and in the I zoning district; and WHEREAS, the Mayor and City Commission of the City of South Miami wish to amend the Code of Ordinances to permit mobile food vendors to operate within RM -18 zoning districts of the City upon certain terms and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 15 -63 (c), Miscellaneous Provisions, of the Code of Ordinances of the City of South Miami be, and the same hereby is, amended to read as follows: (c) Mobile vendors selling food, food products and beverages may operate and do business in I, and RM -18 zoning districts or upon construction sites where work is actively in progress upon the following terms and conditions: i. No mobile vendor shall 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. ii. All mobile 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. iii. No mobile vendor shall remain in any one site longer than two (2) hours except in the case of a special event, exhibition, exposition, art show and /or festival not to exceed five (5) days and when further specifically permitted by a majority affirmative vote of the City Commission by resolution. iv. Mobile vendors must operate from four - wheel motorized vehicles registered in the State of Florida except in the case of fairs, exhibitions and expositions not exceeding five '(5) days. B9 Section 2. That Section 20- 3.3(D), Permitted Use Schedule, of the land Development Code of the City of South Miami, Florida, be and the same is here: amenaed: C P ZONING DISTRICTS 0 A N R RM R L M N S G I D K 1181 O 0 -0 R R R S G Mobile Food Vendors I P1 I I I I I I P1 * IN /A Section 3 If any sentence, section, clause or phrase of this ordinance is held to be invalid by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of the ordinance. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1991. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 1 010 MAYO R ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA TRANSFERRING THE COMPREHENSIVE FEE SCHEDULE PROVIDED BY ORDINANCE 14- 90 -1454 INTO THE LAND DEVELOPMENT CODE AS SECTION 20 -7 THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for the uses of real property within the City; and WHEREAS, the City has heretofore enacted by Ordinance 14 -90- 1454 on September 4, 1990, a Comprehensive Fee Schedule as a part of Chapter 7 of the City's Code of Ordinances, which Chapter is entitled "Buildings "; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section I. There is hereby created a new section 20 -7 in the Land Development Code of the City of SuuLh Hiami. Section 2. The present Section 7 -3 of the City's Code of Ordinances be, and hereby is, transferred en masse to Chapter 20- 7 of the Land Development Code of the City of South Miami. Section 3. The present Section 7 -3 of the City's Code of Ordinances be, and hereby is, deleted. Section 4. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. section 5. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. section 6. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY g4lo 3 APPROVED: MAYOR 2 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, TO SUBMIT TO THE ELECTORATE THE QUESTION OF WHETHER TO CONSTRUCT A NEW PUBLIC WORKS FACILITY BY BORROWING THE FUNDS OR BY DISBURSING THE FUNDS FROM THE CITY'S REVOLVING TRUST FUND. WHEREAS, the Mayor and City Commission have heretofore determined a new facility for the City's Public Works Department at an estimated cost of S 800,000.00 is needed; and WHEREAS, there are but two alternative means of funding this construction, to -wit: borrowing the funds or disbursing the funds from the City's Revolving Trust Fund; and WHEREAS, the borrowing of the funds is statutorily equivalent to the issuance of bonds, and the issuance of bonds requires the question to be submitted to the electorate; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Clerk be, and hereby is, instructed to submit the following questions to the electorate in the general election scheduled for February, 1992: The City of South Miami will build a new public works facility at an estimated cost of $ 800,000.00. Which of the following funding alternatives do you prefer: a. Borrowing the funds for a term not to exceed 15 Years to hp paid through i.nte4.CSL zeceivea from the City's Revolving Trust Fund and through the General Fund b. Disbursing the funds from the City's Revolving Trust Fund 9F] i PASSED AND ADOPTED this th day of November, 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Cl TY ATTORNEY APPROVED: MAYOR OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING November 5, 1991 7:30 p.m. A. Invocation Next Resolution: Next Ordinance: Next Commission Meeting: B. Pledge of Allegiance to the Flag of'the United States of America. C. Presentations D. Items for Commission Consideration: 1. Approval of Minutes of October 15, 1991, Regular City Commission Meeting. 2. City Manager's Report 3. City Attorney's Report ORDINANCES - SECOND READING AND.PUBLIC HEARING: 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; amending Section 20 -3.3 (D) of the Land Development Code of the City of South Miami, Florida, to permit automobile parking structure as a special use in RO Districts; amending Section 20 -3.4 of the Code to add a new Section (15) setting forth the special use conditions for automobile parking structures in RO Districts; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor) 4/5 5. 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, accessory; restaurant, convenience; restaurant, general; and restaurant, walk -up; deleting eating place definition from Section 20 -2.3; deleting eating place from Section 20 -2.3 (E); deleting eating place (accessory) from Section 20 -2.3 (E); providing the aforesaid restaurant categories as special uses in Section 20 -3.4 (B)(4); providing for severability; providing for ordinances in conflict; and providing an effective-date. (Mayor) 4/5 RESOLUTIONS FOR PUBLIC HEARING 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, granting a request by the School Board of Dade County Florida, from the Planning Board of the City of South Miami for three variances from Section 20 -3.5 (C)(3) of the Land Development Code to allow a zero (0).foot rear setback for a proposed addition; to allow a building coverage of thirty eight percent (38%); to allow an impervious coverage of seventy six percent (76 %) and one variance from Section 20 -3.5 B (12) of the Land Development Code to require no additonal parking spaces where twenty six (26) parking spaces are required for a proposed addition for the property known as 6750 SW 60 Street,South Miami, Florida 33143 (a public facility specially South Miami Middle School) and legally described herein= below. (P.B. /Administration) 4/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving requests pursuant to Section 20 -4.4 (H) of the Land-.Development Code to reduce off - street parking up to fifty (50) percent for an existing structure located within 500 feet of the South Miami Metrorail Station by Alberto Araujo, Aleida Araujo, Alberto Araujo Jr., Robert N. Strickland, Sharon Strickland, Edward Pawley III, and Clara Pawley, from the Planning Board of the City of South Miami, Florida, for the property known as 5786 Progress Road, South Miami, Florida 33143 and legally described hereinbelow. and for property known as 5770 Progress Road, South Miami, Florida, and legally described hereinbelow. (P.6. /Administration) 4/5 _._ - -1 - -- - OFFICIAL'A6ENDA November 5, 1991 page 2 RESOLUTIONS FOR PUBLI'C'HEARING: 8. A Resolution of the Mayor and City Commission of the City of South--Miami, Florida, granting a request by Gerardo and Ana R. Socarras from the Planning Board of the City of South Miami, for a variance from Section-20 -3.5 E of the Land Development Code to permit a side setback of 5.75 feet on the west side only, where a setback of 7.5 feet is required for the property known as 6374 SW 42nd Street, South Miami, Florida 33143 .and legally described hereinbelow. (P.B. /Administration) 4/5 RESOLUTIONS: 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, expressing the concern of the City of South Miami, with the proposed University Village of the University of Miami and urging the City Commission of the City of Coral Gables, Florida, to consider alternative development plans which would place less intensive uses along S.W. 57th Avenue. (Commisioner Launcelott) 3/5 10. A Resolution of the Mayor and City South Miami, Florida, resolving to and directing. the City Attorney to submitting the question to the ele of February, 1992. Commission of the City of reaffirm the City's Charter prepare separate ballot question ctorate at the General Election in (Administration) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, seeking services of a new City Attorney and thanking the current City Attorney for services rendered to the City of South Miami. 3/5 (Vice -Mayor Carver.) 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a contract with Robert K. Swarthout, Incorporated for preparation of a concurrency management system for a maximum expenditure of $9,500.00; charging the disbursement to Building /Zoning Department Account No. 1610 -3110 OPlanning Consultant." (Administration) 3/5 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of glass, glass framing, doors, and casement and high fix windows for South Miami City Hail for a total price not to exceed $31,045.00 by Public Works Department and providing for disbursement from account number 1710 -4660 "Maintenance and repairs of City Hall." (Administration) 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 $3,179.62 representing fees incurred for legal representation by Gregory Borgognoni of Ruden, Barnett et al in conjunction with litigation regarding the City's Comprehensive Plan; charging the disbursement to account number 2100 -9950: "Reserve for Encumbrance. (Administration) 3/5 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of red clay for the City's baseball fields at South Miami Field and Murray Park for a total price not to exceed $3,000.00 by the Recreation Department and providing for disbursement from account number 2000 -4620 "Maintenance and Repair - Operational Equipment." (Administration) 3/5 OFFICIAL AGENDA November 5, 1991 page 3 RESOLUTIONS: 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Administration to modify its - agreement with Coral Gables, South Miami Khoury League, Inc., and to enter into a new agreement with South Miami F.O.P. Lodge 136, Inc., both agreements regarding the operation of a concession stand at South Miami Field. (Administration) 4/5 17. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of a front end loader for a total price not*to exceed $2,620.00 by the Recreation Department and providing for disbursement from account number 2000 -6430 "Equipment - Operating." (Administration) 3/5 18. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of one "Fotofile" by the Police Department upon the basis that there is one source of supply; authorizing-the expenditure of $9,500.00 to Visatex Corporation for this equipment; charging the disbursement to account number 09 -1910 -6430: "Equipment - Operating." (Administration) 3/5 19. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the purchase of eighteen (18) two (2) cubic yard dumpsters for a total price not to exceed $5,072.00 by the Public Works Department and providing for disbursement from account number 1720 -6430: "Sanitation Equipment - Operating." (Administration) 3/5 ORDINANCES - FIRST READING: 20. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15 -63 of the Code of Ordinances of the City of South Miami, Florida, to permit mobile food vendors in RM -18 zoning districts; providing for terms and conditions; providing for severability and an effective date. (Commissioner Launcelott) 4/5 21. An Ordinance of the City of South Miami, Florida, amending the Land Development Code of the City of"South Miami, Florida, by deleting the existing Section 20 -5.3 and enacting a new Section 20 -5.3 thus permitting concurrent zoning changes to planned unit developments and underlying zoning; providing for severability, ordinances in conflict, and an effective date. (Vice -Mayor Carver) 4/5 22. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15 -63, miscellaneous provisions of the Code-of Ordinances of the City of South Miami by permitting open lot Christmas trees sales as a special use in SR and GR zoning districts; providing for terms and conditions of the special use; providing for severability; providing for ordinances in conflict; and providing an effective date. (Commissioner Launcelott) 4/5 OFFICIAL AGENDA November 5, 1991 page 4 ORDINANCES - FIRST READING: 23. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, transferring the comprehensive fee schedule provided by Ordinance 14 -90 -1454 into the Land Development Code as Section 20 -7 thereof; providing for severability; providing for ordinances in conflict; and providing an effective date. (Administration) 3/5 24. An Ordinance of the Mayor and City Commission of the C.ity of South Miami, Florida, to submit to the electorate the question of whether to construct a new Public Works facility by borrowing the funds or by disbursing the funds from the City's Revolving Trust Fund. (Mayor McCann) 4/5 25. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Sections 20 -3.6 (H)(2) of the Land Development Code by adding a new Subsection (c); amending Section 20 -3.6 (I)(4) and Section 3.6 (I)(5) of the Land Development Code to clarify regulations relating to hedges, fences, and accessory structures; providing for severability; providing for ordinances in conflict and providing an effective date. (Mayor McCann) 4/5 REMARKS: Ms. Dottie Antique Paradise, 5828 Sunset Drive, South Miami to address the Commission regarding Sanitation fees for her store. Your are hereby advised that if any person desires decision with respect to any matter considered at or hearing, such person will need to ensure that a of the proceedings is made, which record includes and evidence upon which the appeal is based. to appeal any this meeting verbatim record the testimony