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10-02-90
OFFICIAL AGENDA CITY OF SOUTH MIAMI, FLORIDA T 613n SUNSET DRI'IF `Text 'Llext ,:3n om Next A. Invocation Resolution: Ordinance: Commission 112-90-9038 23-90-1463 Meeting: 10/16/90 B. Pledge of Allegiance to the Flag of the United States of America C. Items for Commission Consideration: 1. Approval of Minutes a. September 4, 1990, Regular City Commission Meeting b. September 17, 1990, Special City Commission Meeting c. September 18, 19RO, Regular City Commission Meeting 2. City Manager s eporr 3. City Attorney's Report ORDINANCES - SECOND READIDN'r AND PUBLIC HEARING: 119 4. An Ordinance amending Section 15-4 of the Code of Ordinances of the City of South Miami, Florida, relating to burglar alarm systems by amending subsections C. and E. to require posting of the telephone number of a person who can be contacted at any hour for entry onto the premises of the alarm and/or deactivation of the alarm; requiring a back-up power supply effective in the event of power failure or outage in the source of electricity from the electric utility company; and to provide for changes in the fines for violations of this section; providing for severability; repeal of conflicting ordinances and an effective date. (Mayor McCann) 3/5 RESOLUTIONS FOR PUBLIC HEARING daY-L/ 5. A Resolution denying a variance to permit a day care center for seven or more children in an RT-6 district on property legally described as the South 75' of the West 210' of the NW 1/4 of the NW 1/4 of the NW 1/4 of the NW 1/4 less the West 35' in Section 25, Township 54 South, Range 40 East, lying and being in Dade County, Florida. (Planninq Board/Administration) 4/5 6. A Resolution approving OqMests for a variance from Section 20-3.5 E 6,)�_ of the Land Development Code of the City of South Miami to allow a lot of 8,500 square feet in an area where 10,000 square feet is required in an RS-3 zoning district and a variance from Section 20-3.5 E of the Land Development Code of the City of South Miami, to allow a lot of 9,435 square feet in an area where 10,000 square feet is required in an RS-3 zoning district; both requests by Ragil Construction, Inc., from the Planning Board of the City of South Miami, Florida, for the property known as 7611 S.W. 59th Avenue, South I Miami, Florida, and legally described herein. (Planning Board/Administration) 4/5 .4 REGULAR CITY COMMISSION AGENDA OCTOBER 2,1990 PAGE 2 7. A Resolution approving a request for a low profile landscape sign by not to exceed $16,653. and providing for disbursement Satira A. Mekras for the benefit of Dr. George M. Suarez, pursuant from Account No. 1710 -6430 "Equipment- Operating ". to Section 20- 4.3(E) for the property commonly known as 7051 S.W. 62nd Avenue, South Miami, Florida, and legally described 3/5 16. as Lots 10, 11, 16 and 17, Block 1, LARKIN CENTER', according to the authorizing the purchase of one Eager Beaver recycler 23 Plat thereof as recorded in Plat Book 27, at Page 67 of the Public for a total price not to exceed $49,000. and providing for disburse- Records of Dade County, Florida, less the west 10.00 feet of ment from Account Lots 16 and 17. (Administration) 4/5 8. A Resolution urging all citizens to vote "YES" on amendment No. 3 (Administration) 3/5 to the Florida Constitution on the November 6th, 1990, ballot, which A Resolution authorizing the purchase of one skyworker aerial unit amendment limits unfunded State mandates on cities and counties and bucket truck urging all other local governments to conduct an active and persistent campaign to educate the electorate. from Account No. 1750 -6430 "Equipment- Operating ". (Mayor McCann) 3/5 9. A Resolution authorizing the purchase of two software computer 18. A Resolution programs for a total price not to exceed $900.00 and providing for disbursement from Account No. 08- 1610 -1000 "Forfeitures ". exceed $58,500 and providing for disbursement from (Administration) 3/5 10. A Resolution authorizing the purchase of one Comply I- System software for a total pricde not to exceed $2,271.00 and providing for 3/5 19. disbursement from Account No. 1610 -6430 "Equipment- Office ". authorizing the purchase of one trail blazer 250 g/250 (Administration) 3/5 11. A Resolution authorizing the purchase of one Comply 1- System hardware total price or a total price not to exceed $2,171. and providing for disbursement from Account No. 1610 -6430" Equipment - Operating' ". No. 1760 -6430 "Equipment - Operating" (Administration) 3/5 12. A Resolution authorizing the purchase of one Xerox copier 50/14 for a total price not to exceed $2,225. and providing for di "sbursement from Account No. 1610 -6420 "Equipment- Office ". (Administration) 3/5 13. A Resolution authorizing the lease - purchase of a 3M camera processor and a 630 reader printer including a 4 year maintenance agreement for for a cost of $15,637.44 per year for a period of 4 years from Account No. 1610 -6430 "Equipment - Operating ". (Administration) 3/5 14. A Resolution authorizing the purchase of one 32 cubic yard trash truck for a total price not to exceed $35,961. and providing for disbursement from Account No. 1720 -6430 "Equipment - Operating ". (Administration) 3/5 15. A Resolution authorizing the purchase of one stake body truck for a total price not to exceed $16,653. and providing for disbursement from Account No. 1710 -6430 "Equipment- Operating ". (Administration) 3/5 16. A Resolution authorizing the purchase of one Eager Beaver recycler 23 for a total price not to exceed $49,000. and providing for disburse- ment from Account No. 1720 -6430 "Equipment- Operating ". (Administration) 3/5 17. A Resolution authorizing the purchase of one skyworker aerial unit bucket truck for a total price not to exceed $40,000 and providing for disbursement from Account No. 1750 -6430 "Equipment- Operating ". (Administration) 3/5 18. A Resolution authorizing the purchase of one trash crane for a total price not to exceed $58,500 and providing for disbursement from Account No. 1720 -6430 "Equipment- Operating ". (Administration) 3/5 19. A Resolution authorizing the purchase of one trail blazer 250 g/250 ampere multi process gasoline engine driven welding generator for a total price not to exceed $3,000. and providing for disbursement from Account No. 1760 -6430 "Equipment - Operating" (Administration) 3/5 REGULAR CITY COMMISSION MEETING OCTOBER 2, 1990 PAGE 3 RESOLUTIONS (continued): 20. A Resolution authorizing the purchase of one 40 -405A tire changer for a total price not to exceed $1;595. and providing for disbursement from Account No. 1760 -6430 "Equipment - Operating ". (Administration,) 3/5 ORDINANCES - FIRST READING: 21. An Ordinance providing for a franchise and granting permission and authorizing Southern Bell Telephone & 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 severab'lity providing for ordinances in conflict and providing an effective date. (Administration) 4/5 22. An Ordinance acknowledging and approving the transfer of the franchise of Eiizabethtown Gas Company's rights thereunder to NUI Corporation''pursuant to a natural gas franchise from the City of South Miami', Florida; providing for severability; providing for ordinances in conflict; and providing an effective date.' (Administration) 4/5 23. An Ordinance determining that the South Miami District Chamber of Commerce has violated the deed restrictions for a portion of the land commonly known as Fuchs Park and legally described hereinbelow; authorizing the City Attorney to take such legal steps as are necessary to accomplish a re- vesting of the land in the City of South Miami; providing for a fee; providing for severability; providing for ordinances in conflict; and providinq an effective date. (Mayor McCan0 , 3/5 24• An Ordinance deleting Section 16 -16(e) "Additional Death Benefits" for Beneficiaries of Eligible Employees with not less than Fifteen Years Credited Service" from the Code of Ordinances of the City of South Miami, Florida,; providing for a fee; ,providing for severability; providing for ordinances in conflict and providing an effective date. (Mayor McCann) 3/5 25. An Ordinance amending Section 20 -3.3, Permitted Use Schedule, of the Land Development Code of the City of South Miami by adding "or clinic" to "dental office" and to "medical office"; amending Section 20- 4.4(E)(6) regarding awnings and canopies; and creating a new Section 20 -3.6 (0) "RO Restrictions "; providing for severability; providing for ordinances in conflict; and providing an effective date. (Mayor McCann) 3/5 26. An Ordinance establishing and creating an interim services and facilities fee applicable to structures in the City certified for occupancy but not appearing on the Dade County Tax Rolls as an improvement to real property; providing for definitions; providing for a method of computation; providing a procedure for collection of the fee; providing for the creation of a lien upon real property for the failure to pay the interim services and facilities fee; providing for severability; providing for ordinances in conflict and providing an effective date. (Mayor McCann) 3/5 You are hereby advised that if any person desires to Wool any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceed ;ngs is #Wde, which record includes the testimony and evidence upon which the appeal i.s. based. N Y �S ORDINANCE NO. Jr AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15 -4 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI RELATING TO BURGLAR ALARM SYSTEMS BY AMENDING SUBSECTIONS C AND E TO REQUIRE POSTING OF THE TELEPHONE NUMBER OF A PERSON WHO CAN BE CONTACTED AT ANY HOUR FOR ENTRY ONTO THE PREMISES OF THE ALARM AND /OR DEACTIVATION OF THE ALARM; REQUIRE A BACK -UP POWER SUPPLY EFFECTIVE ON THE EVENT OF POWER FAILURE OR u OUTAGE IN THE SOURCE OF ELECTRICITY FROM THE ELECTRIC UTILITY COMPANY; AND TO PROVIDE FOR CHANGES IN THE FINES FOR VIOLATIONS OF THIS SECTION; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AND AN' \ \\ EFFECTIVE DATE WHEREAS, by Ordinance 241 -80 -1083 in September 2,1980, the Citv of South Miami first passed and adopted an Ordinance establishing in Chapter 15, section 15 -4, rules and regulations regarding the use of burglar alarm systems within the City; WHEREAS, the Mayor and City Commission wish to amend specific sections of such chapter in order to require posting of the telephone number of a person who can be contacted at any hour for entry onto the premises of the alarm and /or deactivation of the alarm; require a back -up power supply effective on the event of power failure or outage in the source of electricity from the electric utility company; and to provide for changes in the fines for violations of this section of the Ordinances of the Citv of South Miami; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Subsection C of section 15 -4 of the Code of Ordinances is herebv amended to read as follows: (1) It is a violation of this Section to maintain any alarm system or audible alarm unless the alarm user has first posted on, or within 25 feet of, the front door of the premises, the telephone number of a person who On�o can be contacted at any hour for entry i- p-t-e- the uremises of the alarm and/or deactivation of the alarm. (2) It is a violation of this Section to maintain any alarm system or audible alarm that is not equipped 91 anv alarm system or audible alarm that is not eauiooed (a) to deactivate within fifteen (15) minutes of its activation, or (b) with a back -up power supply effective on the event of Dower failure or outage in the source of electricity from the electric utilitv company. (3) It is a violation of this Section to maintain an audible alarm system which does not have a timer to prevent the alarm from ringing from the time the premises are entered by an authorized person until the system is shut off. (4) False alarms as defined hereinabove are a violation of this section. Section 2. Subsection E of section 15 -4 of the Code of Ordinances is hereby amended to read as follows: E. Violations (1) Upon a first violation of any portion of this section, the City will notify the alarm user that he is in violation and require the alarm user obtain a written report from a certified alarm service company as to the cause of the violation and the corrective action taken and file same with the city within three days (exclusive of Sundays and /or holidays). Upon the failure of an alarm user to comply with the foregoing provisions, the alarm user will be subject of a fine o f S - �s-8t} -. ° U (2 ) Upon a second violation 1^ ) of this section, within six months of _a E+L- -t violation of the same subsection, the City will notify the alarm user that he is in violation and require the alarm user obtain a written report from a certified alarm service company as to the cause of the violation and the corrective action taken and file same with the city [J within three days (exclusive of Sundays and/or holidays). Upon the failure of an alarm user to comply with the foregoing provisions, the alarm user will be �C)' M subject of a fine of $ -25—aZ, in addition to the written rer)ort required in (1) above. (3) Upon a second or successive violation of subsection C (1) of this section, within six months of -a--E+r-s-t violation of the same subsection, the alarm 5010 user will be subject to a fine of $ in addition to the written report required in (1) above. bK (4) Upon a seconA-"'A violation of subsection B, C (2)1 C(3) or D of this section, within six months of violation of the same subsection, the alarm user will be subject to a fine of S 50.00, in addition to the written report required in (1) above. (5) Upon a third violation of subsection C (4) of j 0 V)u this section, within six months of v-iolation of the same subsection, the alarm user will be subject to a fine of S 50.00, in addition to the written report reauired in (1) above. (6) Upon a fourth or successive violation of subsection C (4) of this section, within six months of violation of the same subsection, the alarm user will be subject to a fine of $ 100.00, in addition to the written report required in (1) above. The foregoing notwithstanding, no fine within a single 24 hour period shall exceed $ 200.00. Section 2. Subsection F of section 15-4 of the Code of Ordinances is herebv amended to read as follows: F. Penalties (1) in the event anv fine is assessed oursuant to the terms and conditions of this Ordinance, the owner, occupant, 3 and /or lessee of the premises wherein the violation has occurred, shall pay same to the City of South Miami on or before ten (10) days from the date of said assessment. In the event said - person or persons shall fail to pay said fine within the time prescribed herein, all alarms within said premises shall be forthwith disconnected and same shall not be reconnected until payment of the fines referred to in this Ordinance. In the event said alarm or alarms are reconnected without payment of said fines, as provided for herein, same shall be considered a violation of this Ordinance and subject to Section 1 -8 of the Code of Ordinances of the Citv of South Miami, Florida. Section 3. 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 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 oassage. PASSED AND ADOPTED this th day of September, 1990. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 4 'ORDINANCE NO. 24 -80 -1083 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15 -4 OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA BY CHANGING THE TITLE THEREOF AND BY ADDING THERETO ADDITIONAL PROVISIONS, REGULATING BURGLAR ALARM SYSTEMS, PROVIDING DEFINITIONS, PROHIBITING CERTAIN TYPES OF ALARM DEVICES, PROVIDING ALARM OPERATING STANDARDS, PROHIBITING INTENTIONAL ACTIVATION OF ALARMS EXCEPT UNDER SPECIFIED CIRCUMSTANCES, SETTING FORTH PROCEDURE FOR HANDLING FALSE ALARMS AND FINES THEREFOR, SETTING FORTH PENALTIES, PROVIDING FOR'SEVERABILITY AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE 'EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the title of Section 15 -4 of Chapter 15 of the Code of Ordinances of the City of South Miami, Florida, be, and the same is hereby changed to read as follows: "Sec. 15 -4. Automated Telephone Dialing Alarm Systems -- False Alarms." Section 2. That Section 15 -4 of Chapter 15 of the Code of Ordinances of the City of South Miami, Florida, be, and the same is hereby amended by adding the following provisions immediately after Subsection (e) thereof: "A. Definitions (1) 'Alarm System' means any mechanical or electrical device, sold or installed, which is designed or used for the detection of an unauthorized entry into a building, structure, facility or enclosed area, or for alerting others of the commission of an unlawful act within a building, structure', facility or enclosed area, or both, and which emits a sound or transmits a signal or message when activated. 'Alarm Systems' include, but are not limited to: telephone alarm devices, audible alarms and proprietary alarms. Excluded from the definition of 'Alarm Systems' are devices which are not designed or used to register alarms that are audible,_ visible, or perceptible outside of the protected building, structure, facility or enclosed area, or auxiliary devices installed by telephone companies to protect telephone systems from damage or disruption of service. (2) 'Audible Alarm' means a device designed for the detection of unauthorized entry on premises which generates an audible sound when it is activated. (3) 'City' means City of South Miami, Florida. (4) 'Alarm Signal' means an audible sound, or a transmission'of a signal or a message, as the result of the activation of an alarm system._ (5) 'False Alarm' means the activation of an alarm system through mechanical failure, malfunction, improper installation! or the negligence of the owner or lessee of an alarm system or of his employees or agents. Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes or other violent conditions. There is a presumption of a false alarm created when an alarm is investigated by a certified police officer and there is no sign of an unauthorized attempted entry evident to the officer. (6) 'Notice' unless otherwise specified, means written notice, given either by first class mail or personal service upon the addressee. (7) 'Person' means any natural person or individual, or any firm, partnership, association, limited partnership, sole proprietorship or corporation or any business entity, whatsoever. (8) 'Law Enforcement Officer' means the Police Chief or any officer employed by and serving, under the direction of the Police Chief. (9) 'Telephone Alarm Device' means any device which, when activated, automatically transmits by telephone line a recorded alarm message or electronic mechanical alarm -2- y signal to any telephone instrument installed at the Office of the Law Enforcement Officer. (10) 'Alarm User' means any person on whose premises an alarm system is maintained within the City except for alarm systems on motor vehicles or proprietary systems. If, however, an alarm system on a motor vehicle is connected with an alarm system at a premises (other than a_ proprietary system) the person using such system is an alarm user. Uses of a 'proprietary system' herein defined and excluded from the coverage of this ordinance are persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located, or an attempted unauthorized intrusion or holdup attempt. (11) 'Alarm Installer /Serviceman' means any person employed by an alarm business whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing of alarm system, or responding to an alarm." "B. Prohibition of Certain Telephone Alarm Devises. Except for telephone alarm devices utilized by governmental units or agencies, or with the express written consent of a law enforcement agency, it is a violation of this Ordinance for any person, firm, corporation or association, to install, maintain, own y possess, operate or use any telephone alarm device regulated or programmed to make connection with any telephone installed in any facility of any law enforcement office. Telephone alarm devices are permitted when not connected directly to a law enforcement office, but they are subject to all other provisions of this ordinance." "C. Alarm Operatinq Standards. (1) It is further a violation of this Ordinance to maintain any alarm system or audible alarm that does not deactivate within thirty (30) minutes of its activation. For the first violation the Law Enforcement Officer will - 3- q... notify the user in writing that he is in violation of this section. Upon the second occasion within six (6) months of violation of this section, the owner shall be subject to a penalty of $25.00. He shall also submit to the City Manager within seventy -two (72) hours evidence that he has taken the necessary steps to correct his system so that it will comply with this section. Upon failure to comply with an order to show corrections, the City Manager may, in addition to other remedies available for violation of this Ordinance, order the disconnection of the alarm system. (2) Audible alarm systems must be modified to include a timer to prevent the alarm from ringing from the time the premises are entered by an authorized person until the system is shut off." "D. Intentional Activation of Alarms Prohibited if Crime Not Being Perpetrated. It is a violation of this Ordinance for any person to intentionally activate any alarm system or audible alarm except in the event of an actual or attempted felony, misdemeanor, fire or medical emergency, or to periodically test the alarm equipment without giving advance notice to the Law Enforcement Department in the City." "E. False Alarms. For a police response to any false alarm as the result of the activation of any alarm system or audible alarm, the following fees and procedures shall apply: (1) For a response to premises at which no other false alarm has occurred within the preceding six (6) months, no fee shall be charged, but the person having or maintaining the alarm system or audible alarm shall within three (3) working days after notice to do so, complete a written report to the Law Enforcement Officer on forms prescribed by the Law Enforcement Officer, setting forth the cause of the false alarm, if known, the corrective -4- di action taken, whether the alarm system has been inspected by a licensed alarm service company, and such other information as the Law Enforcement Officer may reasonable require to determine the cause of such false alarm and the necessary corrective action. (2) No fee for a second response to premises within six (6) months after a first response shall be charged, but for the second response and all subsequent responses, a written report shall be required, and in addition, the Law Enforcement Officer shall be authorized to cause the alarm system at the premises to be inspected during reasonable hours by an independent alarm service company, or a duly authorized agent of the Law Enforcement office, with a written report furnished to the Law Enforcement Officer by the inspector within seventy- two(72) hours. The Law Enforcement Officer shall give notice to the person having or maintaining the alarm system of the conditions and requirements of this Ordinance. All costs of such inspections, including the alarm service company's fee, shall be paid by the person who owns or maintains the alarm system or audible alarm, - as the case maybe. (3) For a third response to premises within six (6) months after a second response, and for all succeeding responses within six (6) months of the most recent response, a fee of twenty -five ($25.00) dollars shall be charged, and if the third false alarm or any succeeding false alarm has resulted from the failure to take any corrective action after notice by the Law Enforcement officer, the City Manager may serve a written notice upon the person owning or maintaining such audible alarm or alarm system ordering the disconnection of such alarm system or audible alarm. It shall be unlawful for the person owning or maintaining such alarm system or audible alarm to fail to disconnects such alarm system or audible alarm upon order of the City Manager r) _ and it shall further be unlawful to reconnect said alarm system or audible alarm until the requirements of this ordinance have been met, provided, however, that no alarm system or audible alarm is situated in any premises required by law to have such alarm system or audible alarm in operation. (A) An alarm system that has been ordered by the City Manager to be disconnected, may be reconnected upon satisfactory proof submitted to the City Manager that the prescribed corrective action has been taken. (5) Notice of a false alarm shall be either by personal service or by first class mail. Notice shall be in essentially the following form: You are hereby .'notified that you have violated Section of the South Miami City Code, which prohibits false alarms. This is your chargeable violation of the South Miami City Code. Previous violation(s) occurred on (dates). Violations of the terms of the City of South Miami regulations may cause your alarm system to be disconnected, and may subject you to a penalty. Within three (3) days of receipt of this notice, you are required to submit a written report setting forth the cause of the false alarm, if known, the corrective action taken, and whether the alarm system has been inspected by an alarm service company. As this is the false alarm over a six (6) month period, you are subject to a penalty of fifty ($50.00) Dollars. As there has been more than one (1). false alarm within the past six (6) months, your alarm system shall be inspected at your expense by an independent alarm service company and a report shall be submitted forthwith to the Law Enforcement Officer. " -6 dl "F. Penalties. (1) Anyone violating any provisions of this Ordinance shall be subject to a penaltyof not less than $50.00 for each violation unless otherwise provided for within this Ordinance. (2) If said payment--is not made within thirty (30) days of date of notice thereof, the alarm system shall be disconnected. (3) In the event any fine is assessed pursuant to the terms and conditions of this Ordinance,, the owner, occupant, and /or lessee of the premises wherein the violation has occurred, shall pay same to the City of South Miami on or before ten (10) days from the date of said assessment. In the event said person or persons shall fail to pay said fine within the time prescribed herein, all alarms within said premises shall be forthwith dis- connected and same shall not be reconnected until payment of the fines referred to in this Ordinance. In the event said alarm or alarms are reconnected without payment of said fines, as provided for herein, same shall be considered a violation of this Ordinance and subject to Section 1 -8 of the Code of Ordinances of the City of South Miami, Florida." ,Y "G. Severability. If any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect." Mrz .. I 7 ...., Section 3. This Ordinance shall take effect immediately at the time of its passage. PASSED and ADOPTED this 2nd day of September 1980. Attest: eZA"� V k4--Z� City Clerk Passed on first reading: 8/5/80 Passed on second reading: 9/2/80 �Y I� -8- APPROVED:' Moved by Commissioner Porter Seconded by Commissioner Gibson YES NO Block Absent Bowman Gibson X � -- Lantzp X Porter �- '— tCEiJOLV.I 1O1�. 15170, . A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,; DENYING' A VARIANCE TO PERMIT A DAY CARE `.ENTER FOR S=EVEN OR MORE CHILDREN I N AN RT -6 DISTRICT Ol'I PROPERTY LEGALLY DESCRIBED AS THE SOUTH 75 FEET OF THE WEST 210 FEET OF THE NW 1/4 OF THE NW 1/4 OF THE NW 1/4 OF THE NW 1/4 LESS THE WEST 35' FEET iN SECTLON 25, - TOWNSHIP 54 SOUTH, RANGE 40 EAST.. LYING AND BEING IN DADE`COUNTY, FLORIDA Agenda Item PB -89 -029 WHEREAS, the applicant has requested a variance to allow a day care center: for seven or more children; and WHEREAS', at a public hearing on December 12,'1989, the- Planning Board voted 6 -0 to 'deny the request; NOW;, THEREFORE, BE IT RESOLVED' BY THE 'MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a variance to permit a day care center for seven or more children in an RT -6 district on property legally described as: the South 75 feet of the West 210 feet of the NW 1/4 of the NW 1/4 of the NW 1/4 of the NW 1/4 lees' the West 35 feet in Section 25, Township 54 South, Range 40 East, lying and being in Dude County, Florida. is herebv denied. PASSED AND ADOPTED this A' � 1 I F Ly.J T . I TY '.LERK ?EAD AND APPROVED AS TO FORM: !.TTY ATTORNEY =e.sclut',..�-_641SW67. VAR 5 <_ day of APPROVED: MAYOR 1990. JN� .tal �+► LAI. Q % 11 1 �, !l l � d g i0 ar !t st � •. � � 3 % t1 ri, �,�. g �, �� r_ i Citty oBouth INiami PLANNING BOARD NOTICE OF PUBLIC HEARING 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. 8, 2960,OI05) PUBLIC HEARING WILA. BE HELD IN THE COMMISSION` CHAMBERS AT THE CITY HALLt 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, AT THE TIME AND DATE STATED ABOVE ALL INTERESTED- PARTIES ARE URGED TO ATTEND* OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON' AT THE HEARING OR FILED -IN WRITING PRIOR TO OR AT THE HEARINGS THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THt CITY COMMISSION WHATEVER THE BOARD CONSIDERS' IN THE BEST INTEREST FOR THE AREA INVOLVEM THE BOARD 19 RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT A FUTURE DATEo INTERESTED PARTIES REQUESTING= INFORMATIO14 ARE ASKED TO CONTACT THE OFFICE OF THE ZONING DIRECTOR BY CALLING 667-9401 OR BY WRITING. REFER' TO HEARING NUMBER WHEN MAKING' INQUIRY. AM wcaa. .aa s.c�. iaa aaa..aviE . `w, iuwsaaau�+ .� +- =wuuas awsaya- 40 East, lying an& be nq n. Dade County, Florida. Attorney, Bd Henry, spoke on behalf, of Ms. Menocal as did Mr. John Topinka. Ms. Nenocal gave background. on herself.. an& M4 Rodrigutes. There z. were seven= .persons. speak-L6W,,z againat- this request. Public Hearing was, closed and staff was- asked- for a report. Motion to adopt this ordinance as submitted made, by Mr. Cooper, - - seconded by Mr. Ligammare. Mr. Mackey stated that this is a 'change relating specifically to this property,, not a zoning change. He reports that a petition with more than the required number of signatures; and signed by neighbors of this property is on file. Notion: to deny madeL by Mr. Carver, seconded by Mr. Gutierrez. RESULT: MOTION TO DENY 6 - 0 i COMPREHENSIVE PLAN EXCERPT Element Page Number 1.40 Plan Page Number 40 000 000 000 000 000 000 Dwelling, Single-family P F P S S 17 17 1 Z 13 Church. Temple or Synagogw 'F P P 17 Dwelii !MO- family S S F P ! 1pis 6 ' P 1 17 -1 3 Dwllint. Multi- Pa�ily ! ! P ! ! P ! pp P P 10 tratarmal Orgaasatiom or Private Club i Community Residential Nome (6 or lose) ! P P P F P P F ! jpjpj 2 1 CommunityResidential Nome (T or more) ! P PPP PUBLIC AND INSTITUTIONAL OSRS' 805 666 $05 835 664 910 606 941 000 621 624 632 " Adult Congregate Living Facility S S S S ISI 13 Church. Temple or Synagogw ISISISIS 3 S' S S F 1 6 Convalescent Hosw- Day Cary Coster, ('i or move children) ! ! P ! ! P ! pp ! 10 tratarmal Orgaasatiom or Private Club 1'p1'p S S S S S F ! jpjpj 2 7 101. Covaegemtal &Ministration -` ? PPP P 14 5 Nospi museum. Library or Art Gallery ! F F P ' P P 12 Part orPla Public PPPlFFP!lYPPPP PP - Scbool, llementary or Seoondary P P P F ! P P P P 112 12 Scbool. Vocational F P I P P P P! P 10 Social Services Agency P = PWWITTZO BY ItICNT ' S _ PRRMITTRD AS SPRCIAL USR CONDS = SFECIAL 931 CONDITIONS (Sas sRCTION 20 -3.4) PAKC = PARKING RRQUIRZKZNTS (SES sicTION 20- 4..41) LAND': DEVELOPMENT CODE` CITY OF SOUTH MIAMI r HIGHLIGHTS OF °REOUIREMENTS FOR CHILD CARE 7`i 1,, /Ge -4,, e, Al- ��`E illel -141 Gt Jy� ILIIt G�GG�C t�Z C� i P/e u i e kej'cf e-,/ 5 %lefj u e 7Z ZL 6 -� G� '� � �!��� 9 ,� �,��� -3Z I I RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A VARIANCE FROM SEC. 20 -3.5 E OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO ALLOW A LOT OF 8,500 SQUARE FEET IN AREA WHERE 10,00O.SQUARE FEET IS REQUIRED IN AN -.RS -3 ZONING DISTRICT AND A VARIANCE FROM SEC. -20 5 E OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH -MIAMI TO ALLOW A LOT OF 91435 SQUARE FEET IN AREA WHERE 10,000 SQUARE FEET IS REQUIRED IN AN RS-3 ZONING DISTRICT; BOTH REQUESTS BY RkGIL CONSTRUCTION, INC FROM THE PLANNING BOARD OF THE CITY OF SOUTH' MIAMI, FLORIDA:FOR THE PROPERTY KNOWN AS 7611 S.W.'59TH AVENUE, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED HEREIN WHEREAS, Ragil Construction, Inc. requested, the Planning Board of the City of South Miami as follows: (1) a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a lot of 8,500 square feet in area where 10,000 square feet is required in an RS -3 zoning district; and (2) a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a lot of 9,435 square feet in area where 10,000 square feet is required in an RS -3 zoning district. both requests by Ragil Construction, Inc. from the Planning Board of the City of South Miami, Florida for the property known as 7611 S.W. 59th Avenue, South Miami, Florida, which property is legally described as follows: The North 110 feet of the West 396 feet of the North 1/2 of the NW 1/4 of the SE 1/4 of the NE 1/4, less the West 25 feet, and less the East 160 feet thereof, in Section 36, Township 54 South, Range 40 East, Dade County, Florida; WHEREAS, on June 19, 1990 the Planning Board voted to deny variance request no. 1 by a 5 - 0 vote and to deny variance request no. 2 by a 5 - 0 vote; and WHTREAS, the City Commission Staff Report recommended denial T of all requests; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That request no. 1 of Ragil Construction, Inc., to allow a lot of 8,500 square feet in area where 10,000 square'_ feet is required in an RS -3 zoning district for the property known as 7611 S.W. 59th Avenue, South Miami, Florida, be, and the same is, hereby approved. Section .2. That request no. 2 of Mr. Ragi'l Construction, Inc., to allow a lot of 9,435 square feet in area where 10,000 square feet is required in an RS -3 zoning district for the property known as 7611 S.W. 59th Avenue, South Miami, Florida, be, and the same is, hereby approved PASSED AND ADOPTED this th day.of October, 1990. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ji ffl 9 YVI la 71 75 7 ip I 37- 4 Illf- 74 v f-) OP TZR 41- Te �c) i c, 14J -IT S7 7(, -7 S 1z i� �f T- tA v ho) ti -- ___: _:�: �ZAGIL rAP I CONSTP. u crtlo'J,. I 5 w sot A vrm VAPtAtices CITY of MUTP WAMI ^@ PLAWNG 50 PD MAO' - - � � � ;. Sown. 00 c : =,TAFF REPORT r B -a0 -c 13 une -, ^90 .ppiicant: �aaii Construction, =:�c. 7eauest -L: variance from Zzcrion 0 .he and Development Code to allow a lot of 3 OO, square feet in area where 10,000 square feet is required in an RS -3 zoning district. Request 42: Variance from Section 20 -3.5 E of the Land Development Code to allow a lot of 9,435 square feet in area where 10,000 square feet is required in an RS -3 zoning district. Legal: The North 110 feet of the West 396 feet of the North 1/2 of the NW 1/4 of the SE 1/4 of the NE 1/4, less the West 25 feet, and less the East 160 feet thereof, in Section 36,' Township 54 South, Range 40 East, Dade County, Florida. Location: 7611 S.W. 59 Avenue ANALYSIS The applicant appeared before the Planning Board and City Commission and was unable to obtain a Waiver of Plat. The applicant now seeks variances to accomplish the subdivision of the property into two lots. RECOMMENDATION Staff recommends denial of both requests i I Y Ms. Gonzalez said that she would agree with Mr. Parr if the building area was going beyond the back line of the house and the floors. Mr. Parr stated that he would be more sympathetic when someone is trying to improve their property. There are other cases where something was removed, with proper permits, and what was removed was seen and replaced with something substantial, having good eye appeal, is safe etc. Mr. Lefley> noted that the setbacks vary between the northeast corner and the northwest corner of the building according to the plans.' Mr. de la Osa stated his belief that the house was not built straight on the property. There's a slight variation between one side and the other. Mr.Lefley asked Staff is objectors are not indicated on the map. Mr. Mackey replied that, in order to make an application for a variance, signatures Are required from 200 of the property owners locAted within 500 of the applicant's address are the only signatures on that petition. Chairman Ligammare called the question. Vote: Approved: 3 Opposed: 2 ( Parr) (Ligammare) ?B -90 -013 Applicant: Ragil Construction, Inc. Request #1: Variance from Section 20 -3.5 E of the Land Development Code to allow a lot of 8,500 square feet in area where 10,000 square feet is required in an RS -3 zoning district. Request #2: Variance from Section 20 -3.5 E of the Land Development Code to allow a lot of 9,435 square feet in area where 10,000 square feet is required in an RS zoning aistrct. Legal: The North 110 feet of the West 396 feet of the North 1/2 of the NW 1/4 of the SE 1/4 of the NE 1/4, less the West 25 feet, and Tess the East- 160 feet thereof, in Section 36, Township 54 South, Range 40 ?B Minutes "4P 3 6 -19 -90 It East, Dade County, Florida. Location: 7611 S.W. 59 Avenue Mr. Alan Crinsman, Attorney, signed in representing Ragil Construction, Inca Mr. Crinsman I've brought along a diagram of the property to better show you what we're talking about. The lots for which we're seeking a Waiver of Plat is a 23,000 sq ft lot which is affected by a roadway dedication to widen 76th Street from 59th Avenue to 58th Avenue.- This is the only property which is affected by the dedication and if it were the plan of the City to widen the street, you would have to take- a like piece from every property owner along 76th Street, including Mr. Gilchrist and he has a garage on his strip. The argument that we're making is very simple. The lot is a conforming lot. It has over 23,000 sq ft. If we divide it into two separate lots, we have over 11,500 sq ft. in each lot. The roadway dedication will never be utilized unless you're here tonight to tell me that you will be widening 76th Street between 59th and 58th' Avenue and that would be news to the neighbors, especially Mr. Gilchrist. And it's for that reason that we think we should be granted this variance because the lot is big enough in its present configuration. The lot goes to the street, the 25 ft won't be utilized and the street is going to remain the same width. We, plan to build two very nice houses on the lot, probably in excess of value of $200,000. Mr. de la Fuente has built similar properties in the neighborhood and I don't know if you're familiar with his work but the people in the Building and Zoning Department can tell you it's very good -work. And, it's for that _reason we think we should be granted a Waiver of Plat and thereby obtain a variance for the two lots. Lefley: You went for a Waiver of Plat before and the Commission denied it .. ?.... size of lot. Crinsman: It's a combination. There are three requests. There are two variance requests and then, finally, a Waiver of Plat. Lefley: That's not what's advertised and that's not what..... ?.. Crinsman: Well, I mean there's also the, I mean the variances are on the agenda and there's also, I mean, there'll have to be a Waiver of Plat as to subdividing the lot. I mean it's a single lot we're talking about. That was the application. Parr: can anybody tell me how these, got :ky enough to have this 251, dedic ion. PB Minutes m X two Parcel A and Parcel B, you say it's a proposed 6 -19 -90 i Crinsman: No, no. It's an actual dedication that a prior owner made. At one time, I guess, the thinking was the street would be ..it doesn't even meet the County minimum of 50' because if you added the 55' with the existing 161, you would only be at 411. Parr: This diagram doesn't show but in the mailing area it shows 76th Street is double the width of this one here I think it's . ? but you have indicated the existing, in front of this property is 16' wide. Would I be 'wrong in assuming that the other one to the left of this or to the west of that will be 32' in width? Does anybody. Crinsman: I don't know. I know for a fact, though, I've had it surveyed that 76th Street between the 58th and 59th Avenues is 16' wide. Mr. Gilchrist: I beg your pardon on that. I've lived here for 41 years, before there ever was a 76th Street. Ligammare: Hold on, hold on. Let him finish and then you'll have your chance to speak. Gilchrist: I just wanted to straighten for your folks mind that it is a 25' street... Ligammare: I understand, Mr. Gilchrist, but as I... Gilchrist: ... ?..16' it is 25' dedicated. Okay. iqammare: Okay, continue. .Tinsman: That's basically the point. The right of the dedication won't be used. So, I don't think it should be computed and that's .he whole reason why we're below the minimum, it's subtracted out of the lot size. The lot is 23,000 sq ft. It's a lot which is 10' by 211 down the side. That's the property description. Tit's ust got this dedication to the City of Miami for the purpose of a roadway should it so be used. I mean, if the roadway's not built, the dedication isn't used. I've checked with the County. There's no plans with the Public Works Department of the County to widen the street. Mr. Gilchrist would know about that. igammare: When they say "dedication ", Staff, when the word "dedication" is utilized, does that mean that property... who owns _hat property? Mackey: At the moment, the applicant -owns that property. Upon improvement, you're required to dedicate the necessary right- of- way. ?B Minutes �o 6 -19 -90 t Ligammare: I'm saying, they dedicated that right -of -way, does that mean that... Mackey: It's undedicated. Ligammare: It's undedicated. Mackey: When they subdivide they must, by law, dedicate, and when they dedicate they will lose that property and they will have a lot that isn't acceptable. - Crinsman: That's the whole point. In the application process, it's sort of a "catch 22 ". Right now, we meet the minimum but in order to make the application, we have to dedicate the property to the road right -of -way. We have a lot which is 110' across the front and 211' down the side. But in making..in pulling permits we'll have to dedicate according to the roadway dedication. Gonzalez: But goes to what Mr. Lefley was saying earlier, that if this was not a Waiver of Plat, which in essence it is even though it's not advertised that way, this really wouldn't be an issue because you could build on the one parcel, on the one piece of property that you've identified as the gross area. Crinsman: You could build one house. Gonzalez: Without splitting..the real issue here is that we're splitting the parcels into two lots. Even though it is listed as two variances but it goes beyond that. Crinsman: Yes, but I didn't write the ad. Gonzalez: No, I'm not ... we're just chatting. efley: I'm_ just curious, what was the reason for the smaller, 3500 ft lot on the west? Is that .... ?...double exposure? Crinsman: It was just according to how the property broke up. We broke up a 9500 sq ft lot, which is almost 10,000 and an 8500 sq ft. it could be divided uniformly. It was just an arbitrary choice, really. efleys Another thing I'm curious about, the of support from --he .... --Tinsman: ?'he neighbor in back cf us. �efley: . ?..happens to be ... ?..the trustee.. --Tinsman: From the First National Bank of South Miami, they're the oersonai representative of Mr. Andrew Thoro who at one time 'owned PB Minutes 3 5 -19 -90 F1 t the whole section: Lefley: What I'm getting at is the parcel for which they Crinsman; It's a parcel in the rear. Lefley: .. ? . first of all, there's no name on the letter from the National Bank of South Miami. It's impossible to ;decipher who it is ..... ? .... personal representative. Now is this... ?....? Crinsman: No, no, no. Mr. Thoro passed away. His estate is being administered .... Lefley: I mean, normally, banks put the name, some people on it.... ?..authorized signature, I don't see any names. Crinsman: It's Peter Lefley: Don't banks normally put the names of their officers Crinsman: I don't know. I you know.I.. Lefley: What I'm getting at, it appears to be a landlocked piece. How do people get into that? Crinsman: They have an easement. Lefley: On whose lot? Crinsman: Across the rear of this lot. Lefley: Across the rear? Tinsman: Yes, they have an easement. _efley: That's this easement that seems to say something like "expressway" -rinsman: It's a 12' easement. Lefley: It's not readable.. ?... oh, ingress and egress So this is a perpetual easement for access for the landlocked piece? Crinsman: That's right. Ligaminare: Mr. Lefley, are 'you finished. Lefley: Do you want me to hold my questions for Staff? Ligammare: Yes, I would just as soon. Thank you We'll probably be calling you back in a few moments. Are there any others speaking for? Yes, no, no, no. Are there people speaking against? PB Minutes 9 5 -19 -90 i one at a time, come up and sign your name. S. Andrew Ostapskis Good evening, Ladies and Gentlemen of the Planning Board. My name is S. Andrew Ostapski. I am an Attorney and I'm also a Professor at the University of Miami School of Business.. I happen to be concerned about this whole matter, not that I am representing anyone in particular. I happen to be a neighbor. My address is 5851 SW 76th Street, I'm pretty much across the street from the proposed variance or whatever you would like to term this particular change in plan for that piece of real property. I do have a few concerns to bring across and I would to kind of make it very simple, very clear and to the point. What are the benefits, what are the detriments and a little bit of the background concerning this case. First of all, lwhen ' we're talking about a detriment, it's got to be placed in a particular framework and the framework is, what is the legal status of the property? There's been a lot of confusion and this confusion has gone on for at least two years as well as 'I am aware of as to the exact .. ?`. of the property. How does the easement' affect the area? How does the 25' dedication affect the area? And, folks, you, as the Planning Board making a recommendation cannot by government from failing to exercise its rights. However, if the builder is given the opportunity to put two homes on what would later on be determined to be a rather small lot after a right -of -way is taken or an easement is not considered, -you cannot take down the structures So you as the Planning Board have to take a very thoughtful view of this whole matter to see how it would affect ,the neighborhood and how it would affect the future value of the property. Not only that particular lot but also the other lots in the neighborhood. I, along with my neighbors, am very much concerned. We feel that the detriment 'here is a'matter of allowing buildings on a lot which would create clutter in the neighborhood. The neighborhood' right now is quite spacious. We Like it that way, -hank you very much. When we are talking about the City plan - iariance, we would like to know just what types of purposes does the builder have in mind. If he were so intent on putting those buildings, two buildings, on that lot, why hadn't he had the foresight, the business judgement prior to purchasing that property had made la requirement from the previous seller that this sale would come through upon variance granted by the Planning Board. The point that I„ as well as my neighbors, would like to state is because the builder failed to exercise judgement, he is asking us' to pay for his error. If he had been wise, he would have gotten his variance and then he would have gone ahead with his building plans. He didn't do that. He made a bad business deal. He's stuck and he should, basically, have to pay the price of making a oad business deal. I am eery nappy with the idea of ' avi.ng a raving a reputable builder, which am sure he is, in the neighborhood. If he proposes to ut a single family structure on that lot, let him do that. We'll all applaud having the neighborhood value increase. In regard to another matter here, I'd like to state that there was a bit of canvassing going on prior to PB Minutes L0 6 -19 -90 this particular meeting. His representatives - went to various neighbors and it just seemed that there was a little bit of misinformation going out from neighbor to neighbor and from individual to individual. I would like to make it a- matter of record that we don't like selective facts being brought to different neighbors to create confusion. What we would like is the Planning Board to make a determination of the facts and take the record as viewed by the neighbors and also by the builder and, as part of your recommendation, show proposed findings of fact to clarify this muddle." When we're looking at the variance itself, let's take a -look at it in terms of percentage. The first request if for 15% variance, from 10,000 sq ft to 8500 sq ft. 15 %. That's almost as if 'someone were to operate on a human body and remove a limb. Can one stand well without a limb? When you're looking at 9435 sq ft, that's a 61 variance. A little less but still 6% from what? From a planned set of 10,000 sq ft. If this City is going to pursue reasonable planning and is going to stick to some type of standards, there should be 'a good reason to make a variance of those standards. Iff it's 10,00, it should remain that way. Otherwise, you're going to have haphazard exceptions all around the place. It's a time to make a stand in that regard. In terms of the benefits I would like to now turn to. I can only see one and the benefit is an economic benefit to the builder.' All the neighbors, as far as I can tell, are opposed and I'm sure you will hear from others. As far as I'm concerned, I've said my piece. However I do wish to present to the Board a letter. actually, I haven't quite said my piece, 'either. I just wanted to say that as the the First National Bank of South Miami letter, (I'm' hot ' being very organized right now. I am a'little irritated.) I wanted to make a point that, first of all, it's an undated letter, signed by someone whose signature is quite illegible and it's also by a representative of the estate.' It's not a living human being whose living in the neighborhood. That bank is only interested in one Ching and that is to manage its property as 'a minimum of cost and a maximum of profit..' It's easy to get that type of recommendation prom a corporate entity. I would like see the Attorney for the Builder get one from one of the neighbors. Now, I would like to present to the Planning Board a '',statement which' I would like to read 'rather quickly into the record from my next door` neighbor, Dr. Michael Kobler, a Ph.D.,M.D.. He's an Assistant Professor at she University of Miami Medical School. There was no intention by either of us who live next door to one another, it just happened to work out that way. Both of feel very strongly 'about the neighborhood. (This letter, along with two others from neighbor's and which were presented to the Board by some of the residents are on file in the B & Z Department. They can be seen by request.) 'hank' you. igammare: Anybody else against? Come on up, Mr. Gilchrist. Sign yourself in. to?B Minutes '1 5 -?9 -90 Mr. Gilchrist I will say this I am very happy to see new faces on the Zoning Board. It's a pleasure to be able to come here and see people that are asking questions instead of like we had before. Larry has seen me here many a meeting. Many of them we've had here and many over there. For 41 years, I was just telling one of my neighbors,; I've sat in this building, right here, till 4:30 and 5:00 o'clock in the morning, go home and eat breakfast and start my business again. That's how we used to operate here. It's a disgrace how we used to operate... And I'll tell you another thing, how 76th Street got built was a disgrace, too But, let's go into something else before that. When I appeared before the Zoning Board before on this case, and to the City Commission, I think, Larry that you'll recall that I stated and even this meeting, according to the rules and regulations that are set forth in the City of South Miami, these notices are supposed to arrive at the neighborhood two weeks in advance and the sign is supposed' to be up two weeks in advance. Am I right? Ligammare: Staff will tell you. Gilchrist: That's right, isn't it? Mackey: No. Ten days before the meeting. Gilchrist: Then why, if it's ten days, do these things come only nine days to the people? This gentleman here appeared in the neighborhood on a Saturday. Some did not get the..Bill you ever get yours the first. Philip Levin: I never got the first notice. I got.the second. Gilchrist: The gentleman there did not get the first notice. He got the second notice. I get mine on a Monday which is eight days after the thing. That's here nor there. Another thing, I'm going to give you a letter here. This aentleman made the neighborhood and one of my neighbors when I went to talk to her about it, she tad received the notice and she was about ready to go through the sky. She signed that she was for it but when I explained to her where the location was, the impression was left that it was at 78th Street. So, her name on that form is the one against. Here's another one just in plain language our laws state 10,000 sq ft. I am sure each one of you folks pay taxes in South Miami or you wouldn't be on the Board. So, ?'m sure you realize we spend approximately, what, $100,000 for a comprehensive' report to be made and it bounced back and forth how many times to the State. One of ahem was because our Zoning laws were not correct. I spent many an hour in those meetings and it was rough and I think I saw Larry at quite a few of them, too. But, we finally ended up and you folks are appointed by the Commission to represent the people who come before you and act to ao to the Commission. In the PB Minutes 12 6 -19 -90 G Comprehensive it states very plain a minimum of 10,000 sq ft. That's what you folks pay taxes for, I pay taxes for and everybody who's a resident of South Miami pay taxes for. Now, when 76th Street was put in I fought the City of South Miami tooth and toenail for the street was supposed to have been 50'' by County, law. But, back in those days when that was put in, a little bit of everything took place in the City of South Miami. You have seen the apartment houses in that neighborhood all the way behind and to the north of this particular property that's up.' We got a high rise approved in the other building over there at 3:00 in the morning. When the people come before you they are supposed to give you the exact footage for what they're after. Am I right? I have right before me from the other ,Zoning Board meeting and the Commission meeting, the size of that particular lot. That particular lot is 110' wide by 226' deep, running east. When I talked to the present mayor of South Miami, ;Cathy McCann was a Commissioner when this thing came up before. She was asking people in the neighborhood how did this man get back to his house? Mr. Thoro. So Cathy McCann, because the Zoning Board and' the other people could not find anything on 'record but Cathy' McCann found it. She has that letter and I forgot to bring it along tonight, yes I did too. A Resolution back in December of 1964. I wouldn't take anything in the world for this because this is 'a prize package but just take a look at this Resolution here and pass it through. 15' Mr. Thoro dedicated from that land of ' which previously his wife's family owned and the two people there, the mother and father to the late Mr. Thoro's wife, they were both medical doctors to the Czar of Russia. Which a lot of history in that piece of property in there. That was dedicated and the City failed to go through to the County and carry it through. so this gentleman, if he's going to give up' anything, by this Resolution will have ;to give not 12' but 15' by this Resolution because of the old grandfather clause of the State of Florida on property. If that whole plot of ground is not 23,000 actually turns out to be 24,860' and if you take away that 15' back :there with the standing plot, will 'leave 19, 210' . But when you break it down to 8500' and to 95251, you bring it down to 17,935 sq ft. But the biggest thing of it is, he's got to give up 25' and give it to the County and the City. It must be dedicated. I live on a piece of property with my wife we 'bought 41 years ago and paid for it. I have a lot 112' wide and 239' deep. I went down town after fighting the City of South Miami on the project across the street in' May ,of 9 homes which should have come 'in.on 59th the City didn't know they owned that land over there. I brought the engineer from Public Works out, we sat in the City Manager's office at that time was Perry Turner, and showed exactly where that was dedicated on record. When that ''came through there and I went down and talked to those people who are friends of mine :or over '30 years and went to Mr. Kelly in the Zoning Department _n Public Works. He says "Gil, you'll have to tear down your garage if you subdivide your property." I said, "Kelly, you can go straight to because T will take you to court because you approved a 25' street when it should have been a 50' out of the PB Minutes 3 5 -19 -90 1Z 2 & 1/2 acres to the north of me. You approved it. It's on record." 110h, no, I didn't" I handed him, just bike you read here where the County approved what South Miami did. What I am against on this thing, I've got plenty of room if I'm going to sell and divide. They can still divide mine up and not have to worry - out 10,000 sq ft but I'm not about to sell'. My wife and I bought hat to five there and die there _He's got to dedicate it. You'vt got , ground which is 8500' and 9435' You can't get away from it. You folks, when the Commission asked you to perform hour duties, must perform 'hour duties according to the Comprehensive Report Ligammare Excuse me. I am performing my duty now. You've been talking for 10 minutes. If you can wrap it up in the next three, because I know you and I'm going to say this to you. So you can wrap it up in the next three we'll give the others a chance to speak. Gilchrist: We just want to remember what was what and the Commission voted 5 -0 on this piece of property. Just remember what you're here for. Ligammare: Thank you. We appreciate that. Anybody else speaking against. Please come up, sign yourself in, state your name Levin: Good evening. My name is Philip Levin. I reside at 5842 SW 76 St. There's not much that I want to add other than to say that 'I am total agreement with my neighbors. It is rare that neighbors can communicate. we are really a communicating group on that'street. We feel that we've been able to establish a rapport with each other. I would also like to point out, as Gil said, the last time this was brought up, there was a unanimous decision from the Commission which I would, appreciate you all bearing in mind. And, the next time, I would the City to try to notify me the first time that's out. Maybe that's due to the mails, I don't know. was 'definitely not notified. I found from Gil because he said, "Hey, did you get one of these ? ". Of course, we talk. .igammare:- That's important. I'm glad to hear that you do talk and I think that's one of the things the City of South Miami is greatly known for in that the small residential character of the City'. I would suggest with the situation that you did bring up that you do take it up with Staff whether it has anything to do with Staff or the Post Office or what the breakdown is. I do suggest that you talk with them and I'm sure you'll be able to come to some meaningful consensus. Levin: 1 thank you all and I really do hope you listen to what we : -iave had to say. Thank you. igammare: Yes, we do listen. v Richard Wheeler: I reside at 5862 SW 76 Street. Prior to that, I resided at 5864 SW 76 Street. Mr. ThoroIs piece of piece of property. I've ,known Mr. Thoro since 1979. I'd just like to say that I'm with my neighbors`, I'm against it. I'm also speaking on behalf of ? Nancy Martin, and Viola ? Two are ill and one is out of town at the moment. I don't have any letters for them. I was short notice that I came down here this evening myself. In regards to having two houses built on that piece of property, houses are spaced far enough apart in South Miami now as it is. Pretty good. We've got a lot of trees in South Miami. You have the community', talking, with one another. Start building house next door, what's the sense of going outside your house and knocking on someone's door when you can just tap on their window. Just pen your window and tap on their's and borrow a cup of sugar. We don't need that in South Miami. All the trees on that piece of property have been there for years I don't think you should go over there and completely,'destroy -that piece of property. It's a! beautiful piece of property. It's been in South Miami since it was incorporated. Mr. Thoro wanted it that way. He did not want to give up anything on his p'iec'e of 'property or his easement. I know that for a fact. I've had numerous dealings with Peter ? and I have a found him to be incorrect in 'a lot of things. Just like I found out that this gentleman right here has been unfair n a lot of things. He misrepresented to Viola ?.' I was at work one evening, this gentleman was canvassing the area. He stated to the neighbors, they do talk, they're all immigrants, they came here a long time ago,; that she was in a retirement home and that she would be neutral in this and she', would probably sign it. This was incorrect. He'd pass this infirnation on tot he neighbors and I "m just here to let you know (is that on record ?) that if this gentleman wants to build a $600,000 house on that piece of property,' I'm all for it. If he needs to get that much money out of the apiece of property because he 'bought it because he though he could make a quick buck, fine Build a 600,000'home on there, I don't care. But, if you want to put two houses on there then' I'll ? So will the rest of my neighbors. We voted "No ". You all voted "No ". How many times does everybody have to come down here and say "No "? We don't want two houses on that piece of property. Build one and we're all happy. That's all. Thank you. rigammare: Thank vou, Mr. Wheeler. Is there anybody else to speak against the request. ilcnrist: There's one other thing I might add. 7- igammare: Just a minute, Mr. Gilchrist. Is there anybody else: Okay. PB Minutes 5 -19 -90 0 Gilchrist: The thing that I'd like to state, at the Commission meeting on this particular thing, Chris Hansen, and oldtimer around here like myself, said he would like to show the City how to build a particular rack so that they can put the notice up. Have an- of you folks noticed the notice at this piece of property? Fc s, it's like this. I can remember years ago, up until approximately 10 or 12 years ago, we used to have a.metal sign out, came down on a pipe and was fastened to a truck drum, brake drum. It had plywood and they''d tack these things on there. This is a disgrace. I can remember at 58th Avenue and 73rd Street, the sign was put up with masking tape. Mr. John Leonardo and I brought it before the City Commission, were you there? Ligammare: No. Gilchrist: We brought it to the City Commission and I brought it to the notice of Cathy- McCann. You know where it was, folks? Laying face 'down on the foyer. Now, I think', as the zoning board, you folks here suggest we get these darned things built. Chris said he would be happy to show you how to build them. Ligammare: Thanks, Mr. Gilchrist. Point well taken.. William Amlong: May I speak, Sir? Ligammare: Are you speaking against? Amlong: No, I'd like to rebut some of this "against ". Ligammare: Say that again, Sir. Amlong: I would like to rebut some of this "against" stuff. -'d like to speak in favor of it. _igammare:� We already had people speaking in favor and we've had them speaking against. If you'd like to take a couple of minutes just to talk for a few minutes, then come up and sign up. I'll give everybody a chance. Please sign in first, Sir. Amlong: William Amlong. 5990 SW 82nd Street. I was under the impression that this property here would gives him the required .0,000' if they vacated this right -of -way. �iQammare: No -f that is dedicated then he would not have the required amount of.. ?.. Amlong: No. This is dedicated. him, that would give him 10,000'. Lf it was vacated by the City to . ?. , wouldn't it? Parr: Sir, are you within he mailing area? I'd like to have that PB Minutes 16 5 -19 -90 6 established for the record. Amlong No, I'm not. I'm outside the area. Parr: That'll be established for the record. Ligammare: Let him speak. Amiong: I've been a taxpayer in the City of South Miami for over 30 years. Ligammare: Sir, you've got a couple of minutes. I'm giving you two minutes. Amlong: What I was asking is, if that property cannot vacated again? Yet, Mr. Gilchrist is a dog in the manger type. He's got his but he don't want him to have that where he can put two lots. The people that's talking against it about his lot and his houses, I live next door to five, across the street from four and they are far better houses, nicer houses than any one of them have in that area. And I think it would be asset to that section if they could do that. Is this a planning board or zoning board? Ligammare: This is the Planning Board for the City of South Miami. Amlong: I've heard it referred to all night as zoning board. 7igammare: The zoning board is right there. These, are the people, building and zoning, right there. Amlong: You are not the zoning board as Mr. Gilchrist has referred --o all night. Ligammare: Thank you, Sir. A.nvbodv else ? - Any comments? im Connell I have a comment to make . My name is � in Connell and mV address is 7801 SW 59th Avenue and I am a few feet outside the mailing area, but just by a few feet and my statement is simple. I am opposed it because I moved here a few years ago and I'm starting to see a trend I don't like in South Miami and that is subdividing property and putting up more houses and more houses on she same plot of land. I originally lived in Coconut Grove and I saw what happened to Coconut Grove and I'm opposed to it. That's all I wanted to say. 7igammare: Thank you for your comments. Anybody else? Public learina is closed, we're in Executive Session. Mav we have a Staff _eport, -ciease? .4ackev: Staff recommend denial of the request .......and would se happy to entertain any questions by the Board concerning the application. PB Minutes 1-7 19 -90 Lefley: Is Staff aware or familiar with this Resolution No. 2018 that Mr. Gilchrist is referring to which I have in my hand? Mackey: From 1964? Lefley: It's numbered 2018. It's dated 12/21/64. Mackey: No. Lefley: It's confusing. I'm having difficulty reading it. One of the sections.. Section 2' mandates that "the owner shall provide the City a recordable instrument.... ?..restricted covenant providing for Unity of Title. How do we get that instrument? Assuming that the Resolution that was given to . ?..refers to a specific problem? Gilchrist: .... ?...easement to this property is taking off 151 of the 226. Lefley: Of the north side? Gilchrist: of the north side of the property which is 76th Street. Lefley: ?..the south side of 76th Street..? Gilchrist: That would be the east.. Lefley:..59th and 58th? Gilchrist: Right. . ?....that's so as to get back to, as you read, the ... ?.. property which is behind the .... ?... property. Leflev: It's a little too complicated to me. Parr: Did the unity apply to the entire lot? 7 e lev: Because it's already divided. It's just the point raised. Since I'm new to the Board, I wish Staff would explain to me, does the City delegate all its road construction to Dade County? Why are we dedicating to the County? Don't we have City streets? Sonia Lama: Some are City streets...... ?... We're not sure whether it's Municipal or County streets in this case. eflev: Then, why are we talking about dedication? We don't even {now he entity to which it's... Mackev: Dedication is required by the County, whether -t's a municipai street or a county street. Required by their law. ?B Minutes -3 6 -19 -90 16 e Lefley: Oh, I see, you follow their platting. Exactly, what is the width of the street now? 16' as per their or is that the existing paved area? Gilchrist: That existing paved area is 16' but the actual street is 25' Lefley You mean the dedicated right -of =way. Gilchrist: The dedicated right -of- way.. ? ... pavement is only 161. Lefley: Paved, 16? Gilchrist: Right. Ligammare: Mr. Parr. Parr: Sir? Ligammare: Any comments? Parr I'm trying to put this in perspective. In other words, someone who is built there is not going to get hurt because the assumption is that nothing is ever going to get paved. Mackey: The right -of way is 25' from the center line of the road to the north. Lefley: You mean the dedicated.. Mackev: From the other neighbor. eflev: Oh, from the other neighbors. ..Iackev: From the center line of the street to the south, it's undedicated as of •vet. efley: Oh, I see. Undedicated. How many feet to the north? :4ackev: 251. Leflev: I see. So you're following County regs on the 50' igammare: Right. Do you follow what he is saving? eflev: I guess _'m boiling down to the question. Has there ever teen movement to oave this to Countv standards? �onzaiez: Or to vacate the dedication? Leflev: Or to vacate the dedication? PB Minutes 19 5- 19 -9'0 Lama I don't believe so. Our Comprehensive Plan stipulates the right -of -way that we ?.. should be, in this 'case a 50' right- of-way. And, it is intended for future expansion Ligammare: So, that hasn't been lifted? Lama No. Ligammare: So it's there and this is what we're dealing with. Lefley: 76th Street west of 59th Avenue, how wide is that? Mackey: 25' each side from the center line of the road. 50' ail together. Lefley: I couldn't hear you. Mackey: The right -of -way is 25' from the center line of the road on both sides. ... ?.. Lefley: It's a 50' right -of -way west of 59th Avenue. Mackey Yes. Lefley: I don't know if I'm putting this problem correctly. It's really two questions Ligammare: Diane-., Leflev: You're the Countyexpert. What would the County ..they're -:ot going to intervene unless ..petition. onzalez: My question to what we were discussing was, ;as anyone rooked into vacating the right -of -way and l don't know what's entailed in doing that, John. Lefley: It can be done by the City or jointly ail the owners ... wt's already been dedicated to the north so we're only talking :bout the south side. Gonzalez: That's right. Lefley: So, they would have to join in and ail petition. _onzaiez: In crder to vacate the right ... I imagine so. l'•7e never teen Lnvoived _n -a -vacation of right -of -way. igammare: We're ieaiing in assumptions over here and this Board noes not deal in assumptions. We're dealing with the reality of _he situation and according to what Staff says, we have this 'B Minutes 20 5 -i9 -90 dedication that's there, this is part of the Comprehensive Plan.- This is something that's a "given" so -we're not trying to get rid of this right now. It's a matter of dealing with this situation, the Requests #1 and #2 that the applicant had. Can I get a motion on the floor so we can deal with this? Parr: I'd like to make a motion that Request #1 and Request #2 on PB -90 -013 be denied. Ligammare: Do I hear a second? Sharon Jenkins: I second. Ligammare: Seconded by Ms. Jenkins. Discussion. Ms. Gonzalez. Gonzalez: My only comment is that I think a.lot of these questions that John has raised are material to what we're doing. True, they are assumptions but, frankly, they are assumptions because I don't think we have sufficient information at present tonight. I think the issue of the dedication, especially when you see the way the roads are .aligned, is material. I don't know if John agrees or not with that comment but that's the first thing I thought of when I looked at the dedication. That's my only comment. Ligammare: Diane, are you suggesting that, maybe, we look into this or maybe that Staff looks into this and comes up with some recommendations with regards to..not recommendations but enlightening us as far as what the procedure is, as far as.... Gonzalez: Frankly, I think the sense of the Board is that we're ready to vote and I don't want to impede that. �igammare: I understand that, but I am saying that for some.. Gonzalez: For future applications, definitely, I think we need additional, I mean, more information than what's.. lefley: Do you normally deal with street problems? onzalez: No. efley: There's another problem is that 76th doesn't go anywhere east of 58th Avenue. onzalez: I know. = igammare: Again, cringing it back to what is existing and this .s the way I'm _poking at it. In fact,, this is what the --omprehensive Plan states. This is what the existing.. it gives the existing dedications. It doesn't sav that ..it leaves no provision _n the comprehensive Plan, correct me if I'm wrong, Staff, whereby :,eoole can undedicated. ?B Minutes 21 6 -19 -90 6 I A Lama: It would require, an amendment to the Comprehensive Phan to change the right -of -way that has been established in there and this wold have to be approved by the State and it is all based on traffic counts, future traffic volume..... (The tape malfunctioned starting here so the last portion is not available. Vote: Denial Approved: 5 Opposed: 0 At this time, one of the Board members had to leave due to illness and quorum was lost. Applicant: Mayor & City Commissioners Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SUBSECTION (15) SATELLITE ANTENNAE (a) (b) AND DELETING SUBSECTION (15) (c) OF SECTION 20 -3.4, SPECIAL USE CONDITIONS OF CHAPTER' 20, LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES BY SPECIFYING NEW TERMS AND CONDITIONS FOR LOCATION, LANDSCAPING, DIAMETER, HEIGHT, SETBACKS, GROUND COVERAGE, COLOR, NUMBER PERMITTED, INSTALLATION, MAINTENANCE AND PERMIT REQUIREMENTS'; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY`AND PROVIDING AN EFFECTIVE' DATE. Remarks. r Adjournment. Chairman 6 ?B Minutes Secretary 22 5 -T9 -90 City of South Miami PLANNING BOARD JOTICE OF PUBLIC HEARING On Tuesday, June 19, 1990, at x:310 P.M. in the City Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. PB -90 -013 Applicant: Request #1: Request #2: Ragil Construction, Inc. Variance from Section 20 -3.5 E of the Land Development Code to allow a lot of 8,500 square feet in area where 10,000 square feet is required in an RS -3 zoning district. Variance from Section 20 -3.5 E of the Land Development Code to allow a lot of 9,435 square feet in area where 10,000 square feet is required in an RS -3 zoning district. Legal: The North 110 feet of the West 396 feet of the North 1/2 of the NW 1/4 of the SE 1/4 of the NE 1/4, less the West 25 feet, and less the East 160 feet thereof, in Section 36, Township 54 South, Range 40 East, Dade County, Florida. Location: 7611 S.W. 59 Avenue 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 RECORD OF THE PROCEED.INGS,. AND FOR SUCH PURPOSE. MAY NEED TO ENSURE THA.T,A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADE? WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE .APPEAL .S TO BE BASED. (F. S. 286.0105) PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 0130 SUNSET DRIVE, -0OJTH MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL AAY BE ACE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE NEARING. THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE C'.I71' AT A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE CF -: ZONING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING.. INQUIRY. PLANNING BOARD =SBIOQ -7 BZ Rev. .2 -9 -61 THIS IS A COURTESY NOTICE r ..yam , - - (k 7 W c o LL LLJ Fr 16 :Jul I a y n � f w - Jill L. 1 � h '� f, .r � a_.. i- C . R' `RE : APPLICA^l I0':v F O.Z WAIVER OF PLAT BY RAGIL CONSTRUCTION, !N-C. STATEMENT OF REASONS JUSTI_,'Y.ING CHANGE The gross area of -he property covered ov _:pis application (the "Property ") is over 23,000 sq. However, 5,000 sq. ft. of the Proloerty is affected by a 25' road right of way dedication for S.W. 76th Street between S.W. 59th Avenue and S.W. 58th Avenue (the "Street ") which will never be utilized. At present the Street is 16' in width, and no other properties which abut the Street are subject to a road right of way. If a 25' road right of way affected these other properties, it would consume the majority of their front lawns and result in violations of the minimum set back requirement because the houses would then be too close to the Street. Further, the Dade County Public Works Department has no plans to widen the Street, even if the additional road right of ways could be acquired from the other property owners with properties abutting the Street. As a result of this never to be used 25' road right of way, the net area of Applicant's Property has been reduced below the required 20,000 square foot minimum. In point of fact, because the Street will never be widened, the Property will always be a 23,000 square foot lot. This situation works a hardship on the Applicant, as his Property is the only property on the Street which is affected by any road right of way. Consequently, the requested Waiver of Plat should be granted on the basis that but for the inequity of the applicability of a never to be used road right of way which applies to no other properties on the Street, Applicant's Property actually meets or exceeds the required minimum lot size. Attached as Exhibit "A" is a letter in support of this Application from the First National Bank of South Miami, the personal representative of the owners of an adjacent and contiguous property. 40 First t National Bank of South Miami City Commission Citv of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Applications for Variance by Ragil Construction, Inc. (Applicant) affecting 7611 S.W. 59th Avenue, South Miami, Florida ( "Property ") Dear Honorable Commissioners: The Estate of Andrew Thoro owns 5864 S.W. 76th Street, South Miami, Florida, the property which is inTmd "iately due southeast of the Property and the Applicant has informed me that it has submitted two Applications for Variance whereby it seeks to subdivide the Property into two residential lots, each lot consisiting of approximately 8,500 square feet. The Estate of Andrew Thoro supports the variance applications of Applicant and feels that the division of the Property into two residential lots will facilitate higher property values and thereby benefit the neighborhood. Furthermore, the Applicant has been a good neighbor to us and we have had good cooperation. Thank you in advance for your favorable consideration of the Applicant's Application for Variance, and if you have any questions about this letter of support please do not hesitate to contact me. Sincerely, First National of uth Miami as Personal-'f�epres ntat�e of the Estate-of Andrew rD By '-,4&�horized'Signature S-50 Sunset Drive. South Miami. Florida 33143 • Telephone (305) 667 -5511 6� f� TNte CITY d>: Soutl t 6130 SUN.SE -1 URIVE9 SOUTH MIAMI, FLORIDA 33143 .7.E PARTMEMT r i/ y j. /1 Z O N I N G PET I T I'O N Prr>herty Description, Lor,.ation and Legal.: The North 110 feet of the West 396 feet of the North 1/2 of the NW 1/4 of the SE 1/4 of the HE 1/4, less the West 25 feet, and less the East 160 feet thereof, in Section 36, Township 54 South, Range 40 East, Dade County, Florida a /k /a 7611 S.W. 59 Avenue. Request: The (1vners of the above property have made the following request: Request #1: Variance from Section 20 -3.5 E of the Land - - - - - 1- Development Code to allow a'lot of 8,500 square feet in area where 10,000 square feet is required in an RS -3 zoning district: Request #2: Variance from Section 20 -3.5 E of the Land Development Code to allow a lot of 9,435 square feet in area where 1o,000 square feet is required in an RS -3 zoning district. Petition: We, 1 he untivi si tined property owners, are within '300 feet of the above -- property. We understand and approve the above request. I f y t fi=r` 1 I / - •- - _ - llATF_s - i ,,_ 0C 11ADKLSS - - - -- - - - -` - - - - - - Y - f=- , �- of ' - _ . _ _ - - - -' - V/ - - - - - 1- - - - - -- - - - 3l - - - - - - - - - - - ,Y i �- - -` - _- - - -7 71c - _ 4;-_ t - -- - - - - - - - - - - -- L-- -- -1 -- - 50 -37 (continued on page 2) - _ - - -pace 1 - Moved by Commissioner Brown, seconded by Commissioner McCann for discussion, the resolution be adopted and assigned the next number by the City Clerk. Mavor Porter deemed pubic hearing to be in session and requested anyone wishing to speak for or against the request to please step forward at this time. 1) Mr. Alex Nunez; attorney for the applicant, addressed the Commission. He stated he has been working with the City staff with regard to some of the problems surrounding the property's purchase. Mr. DelaFuentes has stated he purchased the property at the recommendation of the former Planning & Zoning Director who had stated the lots were sufficient in square footage to be able to obtain a waiver of plat There seems to be a problem with the interpretation of the code with regard to net' or 'gross. amount of square footage as being -the necessary footage for a 'buildable lot. He feels that-there are issues of equitable estoppel and he would like the Commissionis consideration. The property had been purchased on February 2nd, 1989. -- CCM -6 4/4/89 rjn Vice Mayor Schwait disagreed with the est, this property. City Attorney stated this issue vested rights requests that had -been 'made. The applicant is stating that some action was taken some information given by the City on which the and based on which information he purchased the Dppel issue on is similar to the attorney for the by the City or applicant relied property. Mr. Nunez stated his opinion that the Staff and prior Director had recommended to his client- -that the gross footage would be considered in determining buildable lots and he also has a letter dated October 10th, 1988, which states the area between the horizontal lines should not be less than 10,000 sq. ft. in area. 2) Dr. Michael Kolber, 5861 S.W. 76xh Street, stated he lives across the street from the parcel in question. He stated his feeling that if the property does not meet the 10.000 sq. ft. requirement for building, the request - should not be granted. 3) Mr. Gilcrest, 7610 S.W. 55th Avenue, said he had heard from a local realtor that the applicant had purchased the property based on the action of the Planning Board without the decision of the City Commission. He stated there are two other neighbors who are opposed to the division of the property into smaller lots. L 1. .. d L 1. • a � _ cidn t pertain ,to t;:is -piece of land or was not recorded. 4 -tv Attorney stated that at a 1965 City Commission meeting the applicant, at that time, was requested to file a unity. of Title. 'his may not have been done and the records for that resolution shoul-d be checked. No one else wished to speak and the public hearing was deemed closed. Commission discussion ensued. Commissioner McCann gave background on the resolution referred to -by the applicant's attorney. Mayor Porter referred to the. letter from the Citv which states the ,lots must be 10,000 'square feet. Mayor Porter also noted that Mr. Nunez had stated, for the record, that he understood that the Staff and the Planning Board make recommendations to the Commission and the Commission makes the final decision. Commissioner McCann said the lot area definitions are specifically set forth in the City's zoning ordinance ,(page 81 of the zoning ordinance). If the lot does not meet the regulations, the applicant must seek a variance. CCM -7- 4/4/89 rjn Vice Mayor Schwait said he is not in favor of any division o` land and the required 10,000 square feet should be adhered to so there is not an increase in density. Commissioner Launcelott said her decision will be based upon the fact that the required dedicated footage is dedicated to the City or County, not to the homeowners, and she believes the 10,000 sq ft. requirement pertains to.the -'net' area. Commissioner Brown asked for Plan -tng & Zoning Director Lama for an opinion with regard to the parcel size of the lot. Ms. Lama responded that the 10.000 sq.-ft. is the net area; Commissioner Brown said he agreed with that determination. Moved by Commissioner McCann seconded by Mayor Porter, the wording on the resolution be amendesi from "grant" to "deny ". Motion on the amendment passed 5M--- Mayor Porter, yea Vice Mayor Schwait, yea- Commissioner_ -Rrown, yea; Commissioner McCann, yea; Commissioner Launcelott, yea. it RESOLUTION NO. 30 -89 -8010 A RESOLUTION DENYING A WAIVER OF PLAT ON PROPERTY LEGALLY DESCRIBED AS THE NORTH 110 FEET OF THE WEST 396 FEET OF THE NORTH 1/2 OF THE S.E. 1;/4 OF THE S.E. 1/4 OF THE N.E. 1/4 LESS THE WEST 25 FEET AND LESS THE EAST 160 FEET OF SECTION 30, TOWNSHIP 54 SOUTH, RANGE 40 EAST, LYING AND BEING IN DADE COUNTY, FLORIDA, A /K /A 7611 S.W. 59TH AVENUE. Motion on resolution, as amended, passed 5/0: Mayor Porter, yea: Vice -Mayor Schwait, yea; Commissioner Brown, yea; Commissioner McCann, yea: Commissioner_Launcelott, yea. �D * "* City of South Miami NOTICE OF PUBLIC HEARING on Tuesday,October 2nd, 1990, at 7:30 P.M. in the City Commission Chambers, the City Commission of the City of South Miami will conduct a Public Hearing on the following matter. PB -90 -013 Applicant: Ragil Construction, Inc. Request #1: Variance from Section 20 -3.5 E of the Land Development Code to allow a lot of 8,500 square feet in area where 10,000 square feet is required in an RS -3 zoning district. Request #2: Variance from Section 20 -3.5 E of the Land Development Code to allow a lot of 9,435 square feet in area where 10,000 square feet is required in an RS -3 zoning district. Legal: The North 110 feet of the West 396 feet of the North 1/2 of the NW 1/4 of the SE 1/4 of the NE 1/4, less the West 25 feet, and less the East 160 feet thereof, in Section 36, Township 54 South, Range 40 East, Dade County, Florida. Location: 7611 S.W. 59 Avenue 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. Dios) MAYOR CITY CLERK APPROVED AS TO FORM CITY ATTORNEY Secretary Chairman RESOLUTION, NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI URGING ALL CITIZENS TO VOTE YES ON AMENDMENT NO. 3 TO THE FLORIDA CONSTITUTION ON THE NOVEMBER' 6, 1990 BALLOT, WHICH AMENDMENT' LIMITS< UNFUNDED STATE. MANDATES ON CITIES AND'COUNTIES`AND URGING ALL OTHER LOCAL GOVERNMENTS TO CONDUCT AN ACTIVE �arw .�-.ww w�.w waraaf.w Aaf.swa swat .w w... wwffi+lllltl�,'.. m vf7 f r 77/YflfAA 4 -817!7 .WHEREAS, there can be no certainty and predictability in: the growth planning process if " the 'State Legislature can continue to mandate new and expensive programs without regard to local'- government''s ability to fund; and WHEREAS, unfunded mandates are not fair to the local_ property owner or the locally elected official who is trying to address local priorities and problems with a limited amount of financial resources; and WHEREAS', during the 1988 Legislative Session approximately 100 members of the Legislature co- signed or supported the proposed Constitutional Amendment No. 3, which was proposed for the purpose of extending to the citizens of Florida the right to vote November 6, 1990 on whether to limit unfunded state legislative mandates an cities and counties. NOW, THEREFORE, BE IT' RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH-MIAMI, FLORIDA: RESOLUTION NO. Section 2. That the disbursement be charged to the account number 408- 1510 -1000 "Forfeitures" PASSED AND ADOPTED this th day of October_, 1990. APPROVED: 2 I DATW OM Ins PURCHASE TER MS/ DISCOUNT ORDER NO. I HEREBY CERTIFY THAT THE ABOVE MATERIAL. EQUIP- COCING OF ACCOUNTS APPROVED I-UQCHA5ES AS ABOVE APPROVED ANG ISSUANCE Of MENT, OR SERVICE IS ESSENTIAL AND A PROPER REQUEST PURCHASE ORDER AUT-ORIZED, AGAINST THE CODES CHARGED. 9 SUFFICIENCY OF- APPROPRIATION - :BALANCES VERIFIED (EXCEPT AS OTHERWISE NOTED.) HEAD OF DEPARTMENT FINAN" DEPARTMENT CITY MANAGER ostso—A RESOLUTION NO . A RESOLUTION OF THE 11AYOR AND CITY COMMISSION Section 2. That the disbursement be charged to account Number 'flb10 —b430 Equipment Operating. PASSED -ALVD ADOPTED this day of 3 1990. APPROVED: MAYO R ATTEST: L TY CLERK DIVIMS, SOFTWi4RE, SYSTEMS, INC. 251 CASS X2707: OAT �ILEANT �4t17 � r �5�*�i440 CITY 0 GQR ,GABLES., SOFTWARE $ 1,995.00 MAINTEN' M: (FIRST YEAR) ;$ 276.00 TOTAL $ 2,271.00 CAMP ; THE PESQ�AIr COMPJ� STORE TI7M Xt zir cil w DADS . CQY gZD , 5'2143106:,. EPSOM EQUITY I {1.2NDPDi3 40' k63666'4",`;�' P1 6i. 50 EPSON FX- 1050'PRINTER $ 455.30 M01 -101 PRINTER CABLE 6' $ 8...00 EPSON MONOCHROME MONITOR $ 68.50 MONOGRAPHIC VIDEO CARD $ 55.00 DELIVERY $ 20.00 12MTH ON -SITE SERVICE CONTRACT $ 200.00 TOTAL * * * * * * * * * * *. $,2171.00, number 11610-6420 Equipment Operating. PASSED AND ADOPTED this day of 1990. APPROVED: :KAYO R ATUST: CLTY CLERK, READ AND APP RU VED AS TO FORM XEROX COPIER 50/14 Section 2. That the disbursement be charged to account #1610-6430 Equipment Operating. PASSED AND ADOPTED this day of 1990. APPROVED: Suction 1. That a purchase order is hereby a- warded to -= Heintzelman's Truck Center in an amount not to exceed $35,961.00 for one 32 cubic yard Trash Truck'. Section 2. That the disbursement be charged to account number #1720 -6430 Equipment Operating. PASSED AND ADOPTED this day of , 1990. APPROVED: MAYO R ATTEST: CITY CLERK PASSED AND ADOPTED this day of , 1990. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY PASSED AND ADOPTED this day of , 1990. APPROVED: MAYO R ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY PASSED AND ADOPTED this day of , 1990. APPROVED: MAYO R ATTEST: CITY CLERK PASSED AND ADOPTED this day of , 1990. APPROVED MAYOR ATTEST: CITY 'CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY number #1760 -6430 Equipment Operating. PASSED AND ADOPTED this day of , 1990. APPROVED': MAYO R ATTEST: CITY CLERK READ AND APPROVED AS TO FORM:, Section 2. That the disbursement be charged to account number - #1760 -643U Equipment Operating. PASSED AND ADOPTED this day of , 1990. APPROVED: MAYO R ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CI TY ATTORNEY 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 (151 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 herebv aranted non- exclusive permission for use of City right -of -ways upon the following terms and conditions. Section i. The Company, its successors and assigns, is herebv granted permission to construct, maintain and oberate lines of telephone and telegraph eauipment, including the necessary poles, conduits, cables, electrical conductors and fiber optics and digital technology fixtures upon, along, under and over the public roads, streets, highways? and right of way of the City of South Miami, Florida, as its business may from time to time recuire. provided that all Doles shall be neat and symmetrical, and provided that no utility work. described above or otherwise allowed, shall be installed, located or relocated without a written permit issued by the Citv. Section 3. The work allowed under this franchise shall be done subiect to the supervision of the City, and the Company shall replace or properly relay and repair any sidewalk or street soda landscaping, or other improvement that may be displaced by reason of such work, and upon failure of the Company so to do, after twenty (20) days notice in writing given by the City Manaaer to the Companv, the City may repair anvthina that may have been disturbed by the Company, and _collect the cost so incurred from the Companv. Any failure of the Companv to abide by this provision or any other provision of this Franchise may result in the City causing this Franchise Agreement to be null and void. Section 4. In consideration of the rights and privileges herein granted`, the Company shall pay to the City annually a sum equal to one percent (1 %) of the gross receipts of the Company on recurring local service revenues for services provided within the corporate limits of the City by the Company, provided that there shall be credited aaainst such sum the amount of all taxes, licenses, fees and other impositions (except and valorem taxes and amounts for assessments for special benefits,.' such as sidewalks, street navings and similar_ improvements, and occupational license taxes) levied or imposed by the City upon the Companv and paid during the orecedina fiscal vear as defined herein. Pavment shall be made to the City for each of the vears that this Ordinance is in effect and shall be based on the receipts of the Companv of the fiscal vear. For the purposes of this payment, such fiscal vear shall end on December 31st. The annual payment shah be made to the City in four (4) installments. The first, second and third installments of the annual oavment shall be based upon such gross receipts for the first, second and third quarters, respectively of the fiscal vear 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 foilowina the end of such fiscal vear, shall be based upon such vross receiots for the fiscal vear but shall be adlusted to reflect oavment of the first three (3) 2 installments. However, the first annual payment shall be made in one lump payment on or before three (3) months subsequent to the oassaae of this Ordinance (if accepted by the Company) and shall be based uoon revenues for the fiscal vear ending December 31, 1989 and shall be for the permission year April 21, 1989 through April 20, 1990. Section 5. If the Citv wishes to verify the payments to the Citv under this Ordinance -, the Company shall permit the City or a designated representative of the City, upon reasonable advance written notice, to review the Company's billing and payment records, upon which the payments were based, during normal business hours at the location of the 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 endeavor to install underaround extensions of telephone distribution lines that the Companv has determined as necessary or desireable in new subdivisions where all other utilities will also be installed underground; provided, however, that such installation shall be undertaken when practical and in accordance with and subject to the requirements of the applicable statues and the Florida Public Service Commission Rules and Reaulations. Section 7. The Company shall indemnify the City against, and assume all liabilities for damages which may arise or accrue to the Citv for an injury to persons or property from the doing of anv 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 Companv of this Ordinance shall be an agreement by it to pay to the City anv sum of money for which the Citv may become liable from or by 3 reason of such injury. Section 8. Nothing in this Ordinance shall be construed as a surrender by the City of its right or Dower to pass Ordinances revuiatinq the use of its streets', rights -of -way or - granting similar agreements. Section 9. This Ordinance shall take effect immediately at the time of its Dassaae. Section 10. 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 11. The permission granted by this Ordinance, if accepted by the Company, shall be in force and effect for a term of fifteen (15) years from and after April 21, 1989. Section 12. 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 13. All Ordinances or Darts of Ordinances in conflict herewith be and the same are hereby repealed PASSED AND ADOPTED this th day of , 1990. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 4 .� __ ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA ACKNOWLE -DGING AND .APPROVING THE TRANSFER OF THE FRANCHISE OF "LIZABETHTOWN GAS COMPANY'S RIGHTS, THEREUNDER TO NUI CORPORATION PTJRSUANT_ TO A NATURAL GAS FRANCHISE FROM THE CITY OF SOUTH MIAMI. FLORIDA; PROVIDING FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida- (the "City ") by Ordinance Nos. 468, 478 and 526 granted a natural gas franchise (the "Franchise) to City Gas Company of Florida ( "City Gas "), a, Florida Corporation ; and WHEREAS,. by Ordinance Nos. 526 -A and 526 -B, the City approved the merger of City Gas, a division of Elizabethtown Gas Company ( "Elizabethtown "), a New Jersey corporation and a wholly owned subsidiary of NUI'- Corporation ("NUI"), a public utility holdina:companv also based in New Jersey,, into Elizabethtown; and WHEREAS, pursuant to the Franchise, the approval of a transfer of rights under the Franchise must be given by Ordinance; and WHEREAS, the City desires to reaffirm and ratify its prior approval of the merger of City Gas into Elizabethtown and to grant its approval of the transfer of the Franchise or Elizabethtown's riohts thereunder, to its parent, NUI. by Ordinance: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City hereby reaffirms and ratifies the r_itvIc Drior approval of the merger of City Gas into Elizabethtown. Section 2. The City hereby acknowledges that., as of the :;ate hereof, the Franchise is in full force and effect and is held and owned by Elizabethtown and the rights and privileges granted thereunder inure to the benefit of Elizabethtown, its successors and assians. Section 3. The Citv hereby approves anv transfer of the Franchise or rights thereunder to NUI. effective upon the consummation of the mercer of Elizabethtown into NUI. Section 4. In the event the mercer is not effected. for anv reason, the terms and conditions of the Franchise shall remain in full force and effect as to the franchisee, Elizabethtown. 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 hereby are, repealed. Section -7. This Ord- inance shall take effect immediately at the time of its passage PASSED AND ADOPTED this th day of , 1990. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Ra ORDINANCE !io. 526 OitDINANCE OF CITY OF SOUTH MIAMI, FLORIDrn�, :APPROVING AND :UTHORIZING TRANSFER OF Gas FRANCHISE PREVIOUSLY GRANTED BY ORDINANCES zSE AND 478 FROM FLORIDA GAS COMPANY TO CITY GAS COMPANY, PROVIDING FOR FILING OF ACCEPTANCE. WHEFEAS., by Ordinance No. 468 dated: September 18, 1962, the City granted a gas franchise unto Florida Gas Company and amended said franchise by Ordinance No.- 478 adopted. April 2, 19G3, and WHEREAS, Florida Gas Company proposes to sell and transfer the said franchise unto City Gas Company; NOW, THEREFORE, BE IT 'ORDFINED ? BY THE 'MAYOR A14D CITY COUNCIL OF CITY OF SOUTH MIAMI, FLORIDA: 1. _Approval is hereby given to the transfer by Florida Gas Company unto City Gas Company of the gas franchise prev- iously granted by the City to Florida Gas Company_by Ordinance No. 468 and amended by Ordinance No. 478. 2. PROVIDED, HOWEVER, that the transfer hereby authorized shall not become effective unless written, acceptance of all duties and liabilities accruing under the aforementioned franchise is filed with the City by City Gas Company. Said acceptance to be filed not later than 30 days from the date of the adoption of this ordinance. 3. The rights transferred shall be subject to all the terms, conditions and liabilities expressed in or accruing by virtue of the original franchise and the amendment thereto. PISSED AND ADOPTED this 20th day of September, A.D. 1955. Mayor E�TTEST: City Clem: W, 940W� ORDINANCE NO. 526 -A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROV- ING AND AUTHORIZING THE AMENDMENT OF A GAS FRANCHISE PREVIOUSLY GRANTED BY ORDINANCES 468, 478 and 526 FROM CITY GAS COMPANY TO N.U.I. CORPORATION, AS FRANCHISEE. WHEREAS, on September 18, 1962, the City of South Miami granted a gas franchise which is currently held by City Gas Company;`' and WHEREAS, the franchisee has requested that the City approve an amendment to reflect that the N.U.I. Corporation of New Jersey will be the franchisee and operating company, with City Gas Company being -a division of N.U.I. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission hereby approve that the franchise originally granted by Ordinance 468 and as amended by Ordinances 478 and 526 of the City and cur - rently held by City Gas Company be amended to reflect that the N.U.I. Corporation of New Jersey is the franchisee and operating company with City Gas Company serving as a division of the N.U.I. Corporation. Section 2. That all other terms and conditions of original Ordinance 468, as amended, shall remain in full force and effect through the expiration of the franchise. Section 3 That this Ordinance: is conditioned upon the _,T.U.I. Corporation complying with all Federal, State and local laws and regulations regarding this franchise, including the original grant of franchise. Section 4. This ordinance is further conditioned upon =_ ".e transaction between City Gas Co. and N.U.I. becoming final. F40111� 1988. READ AND APPROVED AS TO FORM: CITY ATTORNEY Passed on 1st Reading:���� Passed on 2nd Reading: 4-ox-Ar 08 -3 -01 ORDINANCE NO. 526 - B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 526 -A WHICH APPROVED AND AUTHORIZED THE AMENDMENT OF 'A GAS FRANCHISE PREVIOUSLY GRANTED BY ORDINANCES ,468, 478 AND 526 FROM CITY GAS COMPANY TO N.U.I. CORPORATION, AS FRANCHISEE, BY CHANGING THE FRANCHISEE TO ELIZABETHTOWN GAS CO: WHEREAS, on September 18, 1962,- the City of South Miami granted a gas franchise which is currently held by City Gas Company and WHEREAS, the franchisee requested that the City approve an amendment to reflect that the N.U.I. Corporation of New Jersey will be the fran +chisee and operating company, with City Gas Company being a division of N.U.I., which the City approved on April 5th, 1988 as Ordinance 526 -A; and WHEREAS, the franchisee has requested that a technical change be made in the Ordinance granting a franchise by listing the franchisee as Elizabethtown 'Gas Co., a- wholly owned subsidiary of N.U.I. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission hereby approve that the franchise originally granted by Ordinance 468 and as amended _bv Ordinances 478 and 526 and 526 -A of the City be amended to reflect that Elizabethtown Gas Co., a wholly owned subsidiary of the N.U.I. Cordoration of New jersey is the franchisee and operating company with the City Gas Company serving as a division of Elizabethtown Gas Co. Section 2. That all other terms and conditions of original Ordinance 468, as amended, shall remain in full force and effect _:rough the expiration of the franchise. Section T That this o ordinance is conditioned u upon lizabethtown Gas C Co. complying w with all Federal, State and l local and regulations "regarding this franchise, including the original grant of franchise. Section 4. This ordinance is further conditioned upon the transaction between City Gas Co. and I.U.I. becoming final. PASSED AND ADOPTED this day of , 1988. APPROVED MAYOR ATTEST: �T-R \ I \".j _ READ AND APPROVED AS TO FORM: CITY ATTORNEY Deletions shown by - - - - - -- Underlining shows additions ri oZ& v 955 EAST 25th STFET t HOLFAH, fLOWDA 33013-3498113051691-8710 / FAX (3051691-7112 August 13, 1990 Martin Berg, City Attorney City of South Miami 6130 Sunset Drive Miami, Florida 3314`3 Dear Mr. Berg;` As you are aware, our company, City Gas Company of Florida ( "City Gas' ") has a Natural Gas franchise with the City of South Miami (the "City ") effective through September 18, 1992 (the "Franchise"). The Franchise was granted under your Ordinance Nos. 468, 478, 526 on September 18, 1962. ` In July 1988, City Gas merged with Elizabethtown Gas Company ( "ETG ") a wholly owned subsidiary of NUI Corporation ( "`NUI"), a public utility holding company based in New Jersey. The merger of City Gas, a division of ETG, into ETG was approved by your Ordinance Nos. 526 -A and 526 -B on April 5 and September 6, 1988, respectively. We have been informed that ETG is expected to merge with its parent, NUI, by the end of November 1990, but that all approvals must be obtained before September 30,' 1990. The Franchise requires approval by the City by ordinance in the event the Franchise or any rights under the Franchise are "transferred ". Under Florida law, ETG's interest in the Franchise will automatically vest in NUT upon the merger. Rather than debate whether a merger constitutes a "transfer" for purposes of the Franchise, we 'hereby request that the City approve any "transfer" of the Franchise which may results ef�ective upon the consummation of the merger of ETG into NUI. The Franchise also requires that written notice of the transfer be 'given to the City 'Clerk 60 days before the transfer./ Accordingly,' by means of a copy of this letter we hereby notify the City Clerk of any transfer which may result. All the terms and conditions of the Franchise will remain the same and continue through the expiration date. The merger of ETG into NUI is not expected to change the services provided under the Franchise. City Gas will retain its name, its management, and will continue to operate as it has for the past 40 years. Please place City Gas on the agenda for review by the City in order to obtain the City's approval as soon as possible. We enclose a draft ordinance for approval by the An AW'Gor Mr. Martin Berg August 13, 1990 Page -2 City upon following the necessary procedures for passage of the ordinance. Due to 'time restrictions it is very important that City Gas be put on the agenda even though the enclosed ordinance may need -to be changed later. Your immediate attention to this request will be appreciated. Do not hesitate to call if you have any questions or need any further information. Very; truly yours, CITY GAS M ANY OF FLORIDA J Lang' \ resident �_.- MTC /1137 Enclosure cc: City Clerk CERTIFIED MAIL #P 900 395 201 RETURN RECEIPT REQUESTED ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA. DETERMINING THAT THE SOUTH MIAMI DISTRICT CHAMBER OF COMMERCE HAS VIOLATED THE DEED RESTRICTIONS FOR A PORTION OF THE LAND COMMONLY KNOWN AS FUCHS PARK AND LEGALLY DESCRIBED HEREINBELOW: AUTHORIZING THE CITY ATTORNEY TO TAKE SUCH LEGAL STEPS AS ARE NECESSARY TO ACCOMPLISH A RE- VESTING' OF THE LAND IN THE CITY OF SOUTH MIAMI; PROVIDING FOR A FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 19, 1956 by Deed recorded in Official Records Book 4335 at Page' 426 of the Public Records of Dade County, Florida, the City of South Miami deeded a portion of the land commonly known as the Fuchs Park and legally described as follows: The West 150 ft. of the East 210 ft of the North 185 of the Northwest quarter of the Southwest auarter.. less the North 35 ft. thereof in, Section 36, Township; 54 South, Range 40 East, all lying and being in Dade County, Florida to the South _Miami District Chamber of Commerce, a non - profit corporation, and, WHEREAS, the said Deed provided that the conveyance was "conditioned' on the use of said property by the South Miami District Chamber' of Commerce to be for that purpose and that nuroose only neroetually and at anv time said use is converted to one other than in a nature of Chamber of Commerce activities this deed shall then become null and void ", and, WHEREAS, the South Miami District Chamber of Commerce has ceased to exist and by virtue of its merger into the Greater South Dade /South Miami Chamber of Commerce. WHEREAS. therefore, the South Miami District Chamber of Commerce' can no longer use the use for one in the nature of Chamber of Commerce activities. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA: determines that the South Miami District Chamber of Commerce has violated the terms of the aforesaid Deed by ceasing to exist by virtue of its 'merger into the Chamber of Commerce and further, that the use is no longer one in The nature of a Chamber of Commerce activity by the South Miami District Chamber of Commerce. Section 2. That the Citv Attornev of the Citv of South Miami be, and hereby is, therefore authorized to take all steps required to accomplish a re- vesting of title in the aforesaid real property to the City, including; civil lawsuit. Section 3. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent'.iurisdiction, then said holding shall in no wav affect the validity of the remaining portions of this Ordinance. Section 4. All Ordinances or parts of Ordinances in conflict herewith be, and the same hereby are, repealed. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1990. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 L • � ,.I.y_ .. M ` ed. i �, `,. tl l4 t` 1' i n, � :r� ,. •' t At , , .. � 4 t . r • 4'V t 744, t(f , , 5 " 1 7 t 14�y a. 'f >'1 Y.r 1 k� t ` ., ,a i U.;, Ott.. 7 a ` `•`:. �j-, .P �• t� �} ut"tyjY/i +lr4t1�:`ti. /• s �L t1 Ati y.�r. if r f ff�f> :41r�1 .•.... '4•f.f.l�+ifAli, �•f�k�1fi •.r,a r ntf. �+i: 1. ...•_• f ...r.i �Y iSX: . ut y �., � r.•n� i 4.44. t.•`, � t`z ift.t 7 •, .,. ..'3'b' • - mac, .,� .w... ,...frw r 1 f. ~.'�"' 1. ICA THIS!OZEDO made this day of WY1341 , A.D. 1.95G, :•,t by CITY:OF SOUTH •MIAi►tl�,,� r iunici . % ul,;,eorpozat on, Party of eae r' �, i.j,f + ( �•, Stn•.. •iY M.�. f,f {:�. `ti. l• ' >�, First Part, and SOUTH MIAMI DISTRICT CHAMBER• Or ^;'MAMRCE, a moo- profit corporation, whose mailing address. is 5920 ',.South Tilde q, Highway, South Miami, Florida, Party of the Second >iPart. WITN9S5E'T.it: {. That t.ie Party of L: a First P.1 r, �'y,,anc:_ in lion of-the span of One Dollar ($1) to' t iri"•:'slitd paid by the ' , �•Y j .,ice Party of ' tha. Sacnnd Part, . ttte receipt whereof is hereby ac ks�a�r ledged, .has- •graInted, bargained and "` sold to the Party of the ; Y SeeoaA Part, and Lts. successozs forever the fulLo<r: ^.g c?rscrfbeii �• i tr 4 .r .• .. a.yt r '.Fr ' •,f Lana .lying and tboinst' in Wde '.Coanty, Flol i da, to -vit f ; •� ; ► :,, The :1esC 154 'feet of `the'' East;' 210-f eec oF, the t North 185 KW ; of the SSk`3le4 y >. the North 35 eet thereof in Secrian `36; 3 t Township 54 South,. Range 4O .Ease, all bps n,;, and lyLnrf,in Dade County; Florida. This conveyance is conditioned on •l' of }� r' said propertylby the South• Miamt str 'cc 'and Tot 'al4t purpose only perpetually and: that -at any time , said use 'is converted to. pne: othpr *t i than. in the nature , of Chamber ' of Cori tierce activities -this deed shall. then hocome• ;'null t r and void, S 'tt 1 1 i ' of itl ' tl . • i t. ?; Subject, • further, to those conditions of rctcord as reflected is that ceL tale` deed Ftom Div-de " County, Florida, to the City- of South Mi run i covering the N-� of the NI:;; of the t:Wi c:_ the SW; of Section 36, ToTimstlip 54 souti't, ltange i't •p° "': 40 East , said deed having been rx`cuterl oil the 5th day of April,- 1956, and recnrdee. in t'F; 1t4 Deed Book 11259 at Page 175 of the Public Records of Dade County, Florida. It ia, further, understood and agreed, and this grant is subject to, approval of the City Council >i i of the City of South Miami on anv and ail pro- l . osed im rovementa to be laced on the property ,l P r P herainabove described prior to arty icmptavements being made thereon. Grantor specifi'Call,y'.reserved the right to re- occupy and cause a revesting ok title: in said , property shouid the Grantee ever ac any time become delinquent on the payment of any mortgage ' or mortgages placed on said lands; it being understood Chat the Grantor by invoking t:.',s provision will thereby assume thu 1,uvni"t "i: ally. ,nort, ,,age :.i snprCf ;•�E ;CS r. i!C !rJVV !>t:r.r�mc fiel. iti !aunt... t J e• .. I i >L " t i fir ' • n �....w +. +•nRw P•.�Mt".f1/- •9I„w., M "!j�►���yi 1R.y , +� }, � t ,f r{ �? 1;.` 55 S �;• ,,'t t_ k��r,. �r ' !�va1 ,�f ' .,�,y �,� 1!,� �. i� r^ais4'iT�'�.✓t��1/1d,.N'lfL. YrYYW�•}����'��. i i� �x}�+. '} ' 4. r'.1, r .�, +�, •t,.5 .f . , r f,,�k f rtie .`, '�lt:if �. ,t. •+ 1.. 1 i.. _ •,11� ., Al •1 l f 'i { •a.� i• ani�f+ wr] �ift4iYirlf�M +Y..I:LM�l".f�'fiCl. ✓, si ...,..�_iYdYa�f+►.' a.la..w �6i► ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA DELETING SECTION 16 -16 (e) "ADDITIONAL DEATH BENEFITS FOR BENEFICIARIES IF LIGIBLE EMPLOYEES WITH NOT LESS THAN FIFTEEN YEARS. :'REDITE'D SERVICE" -,ROM THE CODE OF IRDINANCES OF THE :_ITY OF SOUTH MIAMI FLORIDA: PROVIDING FOR A FEE; PROVIDING FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, section 16 -16 (e) of the Code of Ordinances of the City of South Miami -, Florida provides: "An additional death benefit shall be paid` in a lump sum to the beneficiary desicmated bv,eliaible emr)lovees` who have not less than fifteen (15) wears of credited service", and WHEREAS, the Mayor and Citv Commission desire to delete this section from the Code of Ordinances, NOW.. THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 16- 16 (e) "additional death, benefit for beneficiaries of eligible employees with < not less than fifteen vears, credited service" be, and hereby is, deleted from the Code of Ordinances of the City of South Miami, Florida. Section 2_ If any section, clause,; sentence, or phrase of this Ordinance is herd to be invalid or unconstitutional by anv court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this )rdinance. -'ect_ion- All Ordinances or oarts of Ordinances in cenrlict herewith be.: and the same hereby are, repealed. Section 4. This Ordinance shall take effect immediately at the time of its oassaae. 0?44/, See. 16.17. Ttion'ot easpieyseeat. (a) If the-employment of a parEicipant1s terminated" ex- en by retirement; transfer to ineligible I status- or death, his, inteceat and rights i under this platy shall be I limited to 'those contsined. in the following- sections- -of this section. (b) Any such participant shall be entitled to `elect Option 1 or Option 2, as described below, except that Option 2' shall be automadcaly considered as having bees elected by the participant unless Option 1 is elected before the participant's normal retirement date. Option 1 :' A cash payment of an amount equal„ to the ag- greats of the contributions made by the participant prior to his termination of employment with credited interest compounded annually at the rate of three per cent (3%) per annum from the and of the year of payment to the first of the month in which the cash payment is made. Option 2: Pension benefits `commencing on what otherwise would have been the normal retirement date of the participant', in an amount equal to the greater of (a) that which can be provided by the aggregate of the contributions made by the participant prior to the ter. mination of his employment, with credited interest compounded' annually at the rate of three per cent (317 } per annum from the end of the year of payment SuM Na 40 228.9 ORDINANCE NO NOW. THEREFORE I , BE I T ORDAINED BY" THE MAYOR ° AND CITY COMMI S S IdN OF THE CITY OF SOUTH MIAMI, FLORIDA: Section?1. That the words "or clinic" be, and hereby are, added to the words "dental office" and to the words "medical office" listed under Section 20 -3.3, Permitted Use Schedule of the Land Development Code of the City of South Miami. Section 2. That Section 20 -4.4 (e) (6) of the Land Development Code of the City of South Miami, be, and hereby is, amended to read as follows: Awnings, canopies or other metal, canvas or fabric covered shelters shall be designed, or placed or used for parking of motor vehicles between the right -of- wav and the front buildina line, except in residential districts and as regulated herein. Section 3. That a new section, Section 20 -3.6 (0) "RO Restrictions" of the Land Development Code of the City of South Miami, be, and hereby is, created as follows: (1) In addition to all other requirements, a, continuous visual buffer shall be orovided whenever an RO use abuts or faces directly (within 50 feet) a oronerty zoned for single family residential ourooses. To accomplish this the normally required oerimeter character. (3) A decorative wall of masonry, reinforced concrete, Drecast 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. includina the rear oroperty 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 -wav 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 oroperty line shall not aDDly. Walls within or extending into the Y,pE 2 required 25 °�� ✓yak,,. 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 buildina aDnear to have a single facade more than eighty (801 feet in width, provided that buildinas may be connected by a breezeway at the first level only of not more than eight (8) feet in width: (4) No ,access, -buildings, utility transformer units, u or storage o ettpplies, heavy equipent or large . vehicles permitted anywhere on the -lot. In addition, air c_6_1 ioner condenser- compressors -.may not be placed in a—.equired front- setback. area. 5s Sectia 4..e section, clause, sentence;.err phrase of Section 5. All Ordinances or parts of Ordinances in flict herewith be, and the same hereby are, repealed. Section 6. This Ordinance shall take effect immediately at time of its passage. PASSED AND ADOPTED this th day of , 1990. ST: CLERK AND APPROVED AS TO FORM: ATTORNEY APPROVED: MAYOR 3 ANS r s; AND, AMENDTM SUBSECTION (h) OF SUBSECTION POWE ,, AND DUTIES- OF- SUBSECTION (B) , PLANNING BOARD,- OF SECTION= 20 -6 1; PROVIDING FORz SEVERABILITY; PROVIDING- ALL. ORDINANCES OR PARTS' OF ORDINANCES IN CONFLICT` HEREWITH TO BE REPEALED AND PROVIDING AN EFFECTIVE DATE* Mr. Ligammare recommended the following be added to the texts 1. Add "Counsel' �rvce to th a to be permit din a dis 2. Add "or clinic" to the "Dental office" and "Medical office" listed under the Permitted Use Schedule. 3. Amend Section 20 -4.4 (E) (6) as follows: Awnings, canopies or other metal, canvas or fabric- covered shelters shall" be designed, gr placed er- creed -fer- parking -of meeer =sr=ka between the right -or -way and the front building line, except in residential districts and as regulated herein. 4. Create Section 20 -3.6 (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 (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 conditioner condenser compressors may not be placed in the required front setback area 9 8 -14 -90 psi w�:Y- ) a Y� k �5. " ,j•� d , may, 3 ` �' fly► Aral (Plob � a .m M'+v"e'`*' ��� -l-777 i"A" Y DzTW tr- AW t -et'tY _. corrr. Pifkn Greene �cacaeaa ':raKCaenajragane µ D► Madagascar olive>(Noronhia emarginata 10' Pink Trumpet Tree-(Tabebuia pallida) 10' Soft -tip Yucca (Yucca elephantipes) 5r Spicewood (Calyptranthes pallen ) ' 10' vitex (Vitex gnus castus) 10' Wax Myrtle (Myrica cerifera) 10' Yew (Podocarpus spp.) 10' *Or substitute to be approved by the Environmental Review Board. Mr. Gutierrez made a motion to approve the Ordinance as presented. Seconded by Mr. Parr Vote: Approved: 5 Opposed: 0 10 8 -14 -90 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA ESTABLISHING AND CREATING AN INTERIM SERVICES AND FACILITIES 'FEE APPLICABLE TO STRUCTURES IN THE CITY, CERTIFIED FOR OCCUPANCY BUT NOT APPEARING ON THE DADE COUNTY TAX ROLLS AS AN IMPROVEMENT TO REAL PROPERTY; PROVIDING DEFINITIONS; PROVIDING A METHOD OF COMPUTATION; PROVIDING A PROCEDURE; FOR COLLECTION OF THE FEE; PROVIDING FOR THE CREATION OF Ai LIEN UPON-REAL PROPERTY FOR THE FAILURE TO PAY THE INTERIM SERVICES1 AN FACILITIES FEE; PROVIiING FOR SEVERABILITY ;`PROVIDING FOR ORDINANCES IN CONFL ET ;;AND PROVIDING Al EFFECTIi "DATE. WR m , the City . of South Miav, Florida is a muai pal Coroor the pees and =: the au. ty to raise, b a or fees authorized by Ordinance, amants, of money whit'�tre � - neeessax� t r the,�condx�o of municipal government and may- Rif e rece of : . • ma prescribed by 0� iR ebtIon o same in a matt +s, <ti not , ovith lay ;., and EN'_ , the. - Mayor, and. City Ccnaon. of` the City of th Miami, find, determine, and take public hot Ice that Dade Coi n a political-subdivision of the State of Florida, is charged' w2'he" assessment and collection of municipal taxes; and WHEREAS, the Mayon and City Commission of the City of South Miami further find and determine that, under the existing County procedure, certain structures completed'' within the City of South Miami during the fiscal year do not appear on the tax rolls for that year and, as a consequence, those structures completed prior to January 1 of the fiscal year,'will ear a disproportionate or inequitable financial burden by Drovidina public services to those structures comDleted during the fiscal year, but which do not appear on the assessment rolls for Dade County, Florida; and WHEREAS, the Mayor and City Commission of the _City of South Miami find and determine, after a careful review and examination of this condition, that it is inequitable to allow such a situation to repeat itself each year to the detriment of all the citizens and residents of the City of South Miami, Florida NOW. THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 1WR do-ow AV Section 1. Application and Definitions A. As of the date a Certificate of Occupancy is issued by the Citv of South Miami Department of Building and Zoning, every Section 2. Method of comuutation The Interim Services and Facilities Fee shall be computed by the Citv of South Miami Finance Department as follows: A. Single Familv Residence $ 20.00 per month Townhouse leer unit) - 5,15.00 per month Multiple Family Unit (per unit) - S 10.00 per month Non - Residential Use $ .20 per square foot per annum B. The Interim Services and Facilities Fee shall then be pro- rated for those partial or full months following the issuance of anv Certificate of Occupancv and continue until the beginning of the administrative tax. year beginning on January l of the succeeding calendar vear. C. Notwithstanding the fee calculation Drovided hereinabove, n OPOW, 2 the minimum Interim Services and Facilities Fee shall be S_50.00. D. The minimum fee shall be paid as an initial fee and credited against the balance of the fee for the remainder of the calendar wear. The _Interim Services and Facilitv Fee may be billed monthly, at the City's option. Sectign 4, Collection The Fina�xrce , nepartment of the City ; of South Miami, Flari shall beh�rith the = collection off: the Interf:ne Service' FA Da gg s A all Tnterm.- Services and Facilities" Fee OW X © e t O theme d+�e 0f t to SS lau r �' r ti . •,.. .gym maw r X, f mfr Oc��xpy the Ciyr of:r�� ia_ De�art�tet shall canI nuen _ full force and ef€e discharged:'by payment as, ;64ided ! within this ordinance. UPI liens. shall be-foreclosed as' provided by, law. r. {: Y Section- 6. 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 7. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 8. This Ordinance shall take effect immediately at the time of its oassaoe PASSED AND ADOPTED this th day of ,1990. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY