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12-04-90d OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset. Drive REGULAR-CITY COMMISSION 'MEETING DECEMBER 4, 1990 7:30 PM A. Invocation Next Resolution: 142 -90 -9070 Next Ordinance: 25-90-1465 Next Commission Meetinq: 12/20/90 B. Pledge of Allegiance to the Flag of the United States of America C. Presentations D. Items for Commission Consideration: 1. Approval of Minutes of November 20, 1990, 2. City Manager's Report 3. City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: Regular City Commission Mtg. RESOLUTIONS FOR PUBLIC HEARING: 4. A Resolution approving requests for a waiver from Sec. 20- 4.2(C)(1) of the Land Development Code for required sidewalks, curbs and gutters in the public right -of -way; and a partial waiver from Sec. 20- 4.2(C)(1) of the Land Development Code of required paving and drainage in the public right -of -way; both requests by Mr. Stan Toledo from the Planning Board of the City of South Miami, Florida, for the property known as 6314 S.W. 49th Street', South Miami, Florida, and legally described herein. (Administration /Planning Board)4/ RESOLUTIONS: 5. A Resolution appointing Commissioner Betty Banks as an alternate Commission liaison to the Dade League of Cities. (Mayor McCann) 3/E 6. A Resolution designating specific areas of the City as "Rehabilita- tion Areas" pursuant to Section 20- 4.7(B)(1)(b) of the Land Development Code of the City of South Miami, and authorizing the City Administration to proceed in accordance therewith. (Administration) 3/5 7. A Resolution establishing the Land Development Code Review Committee; setting forth term, quorum and duties. (Mayor McCann) 3/ 8. A Resolution authorizing the purchase of one Xerox 5012 copier and one #9R309 cabinet /stand for copier for the Police Department for a total price not to exceed $1,991.00 and providing for disbursement from Account No. 1910 -6420: "Equipment- Office ". (Administration) 3/ ORDINANCES - FIRST READING: 9. 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 herein- below; authorizing the City Attorney to take such legal steps as are nescessary 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. (Mayor McCann) 3/ 10. An Ordinance amending Section 12 -5 of the Code of Ordinances of the City of South Miami to provide a subjective definition of overgrown lots; amending Section 12 -6 to provide for notice in accordance with Chapter 162, Florida Statutes, providing for severability, providing for ordinances in conflict and an effective date. 3/ (Administration) You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH'MIAMI- FLORIDA GRANTING A REQUEST 'FOR 'A SPECIAL USE PURSUANT TO SEC. 20 3.4 (B) (b) (iii) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PERMIT AN EATING PLACE WITHIN 300 FEET OF ANOTHER EATING PLACE AND A REQUEST FOR A SPECIAL USE PURSUANT TO SECTION 20 - 3.4 (B) (4.) (b) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PERMIT A FAST FOOD, DRIVE -IN EATING PLACE, BY TACO BELL CORPORATION FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 6310 - 6320 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA," AND LEGALLY DESCRIBED HEREIN WHEREAS, the Taco 'Bell Corporation requested the Planning )ard of the City of South Miami as follows - - '.) a Special Use pursuant to Sec. 20 - 3.4 (B)- (b) (iii) of :e Land Development Code of the City of South Miami, Florida to 2rmit an Eating Place in a GR district within 300 feet of iother Eatina Place; and '.) a Special. Use pursuant to Sec. 20 3.4 (B) (4.) (b.). of the ind Development Code of the City of South Miami, Florida to :emit a Fast Food, Drive -In Eating Place in a GR district, )th requests being for the property known as 6310 - 6320 South .xie Highway, South Miami, Florida, which property is legaily :scribed as follows: Lots 1, 2, 3, & 4 and area designated "Reserved For Parking ", Block 5 of OAK HEIGHTS, according to the plat thereof as recorded in Plat Book 46 at Page 64 of the Public Records of Dade Countv, Florida; WHEREAS, on September 25, 1990, the Planning Board voted to commend granting (with three orovisos attached hereto) both ec ai use requests tv a 4 - 2'vote; and WHEREAS, the City Commission Staff Report recommended denial corn requests: - - � ,.. NOW, THEREFORE, .BE IT RESOLVED BY THE MAYOR AND THE CITY :OMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Request no. 1 of the Taco Bell Corporation :o permit an Eating Place within 300 feet of another Eating lace, which use is permitted only as a special use, for the )roperty known as 6310 - 6320 South Dixie Highway, South Miami, 'lorida, be, and the same is, hereby granted. Section 2. That Request no. 2 of the Taco Bell Corporation ;o permit a`Fast Food, Drive -In Eating Place in a GR' district, There such use is permitted only as a special use, for the .)roperty known as 6310 - 6320 South Dixie Highway, South Miami, ?lorida, be, and the same is, hereby granted. PASSED AND ADOPTED this th day of November, 1990. APPROVED: MAYOR iTTEST: 'ITY CLERK :EAD AND APPROVED AS TO FORM: :ITY ATTORNEY City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, September 215, 1990, at 7 :30 P.M. in the City Commission Chambers, the Planning Board of she City of South >Iiami ,Jill conduct a Public Hearing on the below indicated Matter. On Tuesday, October 16, 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 below indicated matter. PB -90 -024 Applicant: Taco Bell Corporation Request #1: Variance from Section 20 -3.4 (B)(4)(b)(iii) of the Land Development Code to permit an Eating Place as a Special Use on property Zoned -GR (General Retail) within 300 feet of another Eating Place.'' Request #2: Special Use Permit to allow a (single) fast food, drive -in Eating Place on property zoned GR (General Retail) , as specified in Section 20-3.4 (B) (4) (b ) of the Land Development Code_ Note: The second building in the plans designated "Future Retail" is not included in this request. Legal Lots 1, 2, 3, & 4 and area designated "Reserved For Parking", Block 5 of OAK HEIGHTS according to the plat thereof as recorded in Plat Book 46 at Page 64 of the Public Records of 'Dade County, Florida. Location: 6310 & 6320 South Dixie Highway ?U ARE HEREBY ADVISED THAT lF ANY PERSON DESIRES TO APPEAL ANY DECISION %1A0E `,` /ITH RESPECT i ANY `- 1A77ER CONSIDERED AT THIS .:MEETING OR HEARING, �JCH PERSON WILL .NEED A RECORD OF THE 'OGEE =INGS� AND FCR =UCH PURPOSE.1,1AY NEED TO ENSURE THAT A VERBATI%1 RECCRO OF -HE PRO - .EDINGS IS VADE, .'.'HIGH RECORD INCLUDES THE TESTI�IIONY AND EVIDENCE _'PON '.'.'HICH THE APPEAL TO BE BASED. =, S,. 236.01051 HEARING 'HILL EE HELD IN THE COMMISSION CHAiviBERS T `HE CITY HALL, :I3C S",.NSET `RIVE, .=_: 'JTH. FLORIDA, AT THE TIME AND DATE STATED ABOVE. lTERESTED PARTIES ARE URGED. TO ATTEND. OBJECTIONS' OR EXPRESSIONS OF APPROVAL %1AY BE V1AOE ION AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE O RECCMVIENO TO THE CITY. COMMISSION WHATEVER THE EOARD CONSIDERS IN THE BEST INTEREST FOR =A INVOLVED. THE BOARD'S RECOti1MENDA7ION O ^J THIS -AATTEP'`NILL BE HEARD BY THE CITY CCMMISSION TORE ZATE. VTERESTED PARTIES REQUESTING INFORMATION ARE ASKED :CNTACT THE OFFICE CF THE CIRECTCR =Y CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING ?Y. PLANNING BOARD / Bz 3EV. IZ -9-6I THIS IS A COURTESY NOTICE i N 4::; A i z E e4mAw% L t5 vu v /\ '^ A 5 ,c 9 B ' 3t I( Vi 3 4 S t i.S RDA.v rK F L 1 . � V I ' I Y of MOW ;AIAMI PLANNING 50ARD --,are . . . . . . . . �. . ll /O y14 /\ '^ A 5 ,c 9 B ' 3t I( Vi 3 4 S t i.S RDA.v rK F L 1 . � V I ' I Y of MOW ;AIAMI PLANNING 50ARD --,are . . . . . . . . �. . STAFF REPORT ?B -90 -024 September 1990 - yppiicant: Taco Bell corporation Request T1: Variance from Section 20 -3.4 (B)(4),(b)(iii) of the Land Development Code to permit an Eating Place as a Special Use on property zoned GR (General Retail) within 300 feet of another Eating Place. Request #2: Special Use Permit to allow a (single) fast food, drive -in Eating Place on property zoned GR (General Retail), as specified in Section 20 -3.4 (B)(4)(b) of the Land Development Code. Note: The second building in the plans designated "Future Retail" is not included in this request. Legal: Lots 1, 2, 3, & 4 and area designated "Reserved For Parking ", Block 5 of OAK HEIGHTS according to the plat thereof as recorded in Plat Book 46 at Page 64 of the Public Records of Dade County, Florida. Location: 6310 & 6320 South Dixie Highway ANALYSIS The applicant wishes to construct a fast _food restaurant on property along South Dixie Highway at 63rd Avenue which is zoned GR (General Retail). On August 21, 1990, the City Commission approved changes to the Land Development Code to provide for this kind of Eating Place in the GR (General Retail) and I (Intensive) Districts. In their discussions the intent of the Commission was to impose a spacing requirement only between Eating Places of a fast food nature; however, the language adopted was not specific as to this intent. In the interest of time, the applicant has chosen to request a variance,, instead of waiting for a revision to the language in the Land Development Code. At a later date, the City Commission may choose to amend the adopted language. Staff may not consider the timeliness or possibility of such a change; therefore, the application does not meet the Code and a variance must be requested. in addition, the request for a pole sign is being withdrawn, :s it does not meet adopted sign regulations. Revisions to this application concerning the pole sign will be submitted to the City Commission. RECOMMENDATION Staff recommends denial of all requests. :70te: Site plans, floor plans, elevations will Vie - presented at the night of the meeting. r MSNUTES Plarznng Board. Tuesday September 25, 1990 Commission Chambers -- 7 :30 PM A. Call to order and the Pledge of Allegiance to the Flag of the the United States of America. B. Roll Call. Present Absent Larry Ligammare Manuel Gutierrez, Jr Sharon Jenkins Diane Gonzalez Robert Parr John Lef ley Paul Eisenhart Also present were: Sonia Lama, AIA, B & Z Director; Bill Mackey, Planner and Pat DeLisa, Board Secretary. C. The Minutes of September 11, 1990 were approved as presented. Motion to approve made by Ms. Gonzalez, seconded by Mr. Parr. Vote: Approve: 6 Opposed: D, Abstention 1 (Ligammare) D. Public Hearing. PB -90 -024 Applicant: Taco Bell Corporation Request =1: Variance from Section 20 -3.4 (B)(4)(b)(iii) of the Land Development Code to permit an Eating, Place as a Special Use on property zoned GR (General Retail) within 300 feet of another Eating Place. Reauest =2: Special Use Permit to allow a (single) fast food, drive -in Eating Place on property zoned GR (General Retail) , as specified in Section 20 -3.4 (B)(4)(b) of the Land Development Code. Note: The second building in the plans designated "Future Retail" is not included in this request. -ecxai: Lots 1, 2, 3, & 4 and area designated "Reserved For J Parking", Block 5 of OAK HEIGHTS according to the plat thereof as recorded in Plat Book 46 at Page 64 of she Public Records of Dade County, Florida. ?B Minutes 9 -25 -90 Mr'. Gutierrez stated that most of the previous discussion has involved things other than those specified in the requests. Mr. Lefley proposed the hypothetical question of what would happen if Arby's became 'active again. Mr. Mackey-stated that they would be required to apply for a variance in that case'. Mr. Gutierrez stated that he, personally, has no problem with the fact that this proposed site is within 300' of another restaurant. Mr. Eisenhart stated that he had tried to contact, the City Attorney and the Mayor, without success, to obtain additional information on- -this issue. He has a problem with acting upon the intent of the Commission without having spoken with either the Mayor or the City Attorney. Mr. McDowell was allowed to interject that both the Director and Mr. Mackey had attended the meeting which he and an other representative had with the Mayor, at which time she had expressed her individual opinion as to the meaning of the Ordinance pertaining to this subject and her support for proceeding in this matter. she would support an Ordinance replaces the wording with "drive -ins" within 3001. Mr. Gutierrez made a motion to approve both Request #1 and Request #2, with the provisions that: (1) the site plan be amended - removing parking spaces 24 through 26 and this area be landscaped. (2) designating parking spaces 15 through 23 for employees only. (3) that signage be accurately described in the site plan so that flow into the drive- through area would be from a southeastern direction. Seconded by Mr. Parr. `Dote: Approved: ? Opposed: 2 (Jenkins) (Eisenhart) Abstention: 1 (Gonzalez) .hair ^an Ligammare called for the election of a permanent chairman _and vice - chairman. Ms Gonzalez ;'lade a'motion that Mr. Liaammare -.e elected the permanent ^ha rraan. Seconded by Mr. ^utierrez. 'Tote: Approved: 5 Opposed: 0 ?g Minuzes 3 9 -25 -90 Fine Jacobson Schwartz .'Nash Block & England One CenTrust Financial Center 100 Southeast 2nd Street Miami. Florida 33131 -2112 (305)57 7- 4000 Fax (305) 577- 4088 September 2 ' _9 9 0 DELIVERY City of South Miami Building .and _Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Application for Special Use Approval Taco Bell Corporation Dear Sirs: Please accept this as the revised letter of intent accompanying the abovementioned special use zoning application. In addition to our previous request for special u:=e approval, it has been determined that our- location is within 300 feet of another eating place, a spacing requirement that is required by the August 21, 1990 adoption of an ordinance regulating drive —in, fast -food eating places in the GR and I zoning districts. As a result of this requirement we are also seeking a_ variance to permit a drive in eating` place within 300 feet of another eating place. I am also submitting the requisite waiver signatures from surrounding property owners with this application. The underlying intent of the City Commission's adoption of a spacing regulation was to create separation between drive -in restaurants and attendant traffic movement, queuing of automobiles in the drive thru lane, etc. Sine the other eating place established` within 300 feet of our boundaries (Cami's) is not a fast -food, drive -in establishment, we feel that this proposal does not violate the spirit and intent of the newly adopted ordinance. We look forward to staff's favorable review and comment on this matter. CNM:som cc: tled rumkin 08923 0001 =09:7 �7'_ . 90 Barnett Bank Pla:a • Suite 1100 One lust Broward Boulevard Ft. Lauderdale. Florida 33301 -1806 '305) 462 -2800 Faz (305) 527-8747 Very truly yours, / Carter N. McDowell Barnett Bank Buildine . Suite 348 315 South Calhoun street Tallahassee, Florida 32301 -1 83 6 (904) 681 -9500 Fax (904) 681 -6651 Fine Jacobson Schwartz .'Nash Block & England One CenTrust Financtal Center 100 Southeast 2nd Street Miami. Florida 33131 -211 (305) 577- 4000 Fax (305) 577- 4088 uausL , __ _ 1 �4tV 0� South Hiami Buildina and Zoning Department 6130 Sunset Drive South Miami, Florida 33143 Re: Application for Special Use Approval Taco Bell Corporation Please accept this as the letter of intent accompanying the above - mentioned special use zoning application. on behalf of the Taco Bell Corporation, we hereby request special use approval for placement of a drive -in, fast -food restaurant at the northeast 'corner of S.W. 63 Avenue and South Dixie Highway.. The proposed plan - -meets all criteria enumerated in the ordinance adopted on August 21, 1990 which stipulates the special use hearing requirement for drive -in, fast -food eating places in the underlying GR (General Retail) zoning district. In addition, the proposal meets the site plan and definitional criteria suggested recently by James Duncan and Associates regarding eating and drinking places. - - Please advise if the attached application form and plans are incomplete in any way. We understand that this submittal qualifies us for placement on the Planning Board Agenda of September 25, 1990. Thank you for your continued cooperation in this matter. JBP /bas cc Carter McDowell Ted Frumkin Attachments RL:1LT0822J3P. 90 Barnett Bank Flaza Suite 1100 One East Brmard Boulevard Ft. Lauderdale. Florida 33301-1806 1305) 462 -2800 Fax r305) 527 -8747 Vert., trul y yours Jerryw Proctor, AICP Land Use Administrator Barnett Bank Buildne • Suite 348 315 South Calhoun Street Tallahassee. Florida 32301-1836 (904) 681-9500 Fax (904) 681 -6651 CITY OF - OUTH MIAMI MON FOR PUBLIC HEARING BEFORE PLANNING 80ARD FILE IN DUPLICATE) (CATION MUST BE COMPLETED AND RETURNED, . 'WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE RECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING. - AS (OWNER.,: TENANT,.. AGENT, ETC. SPECIFY1 ell Oorbcration contract - urchaser 'F APPLICANT CITY STATE. ZIP � PHONE State Toad =7, Suite 329 :J_araate _FL 33063 49 -3473 DATE OWNERSHIP OF PROPERTY OBTAINED 'F OWNER CITY 5 TATE ZIP i PHONE _... .'.� .�.. . ...... �.. - a NiaME AND ADD.RE55 YES NO >NT 15 NOT OWNER,.. IS LETTER. OF AUTHORITY FROM OWNER. ATTACHED? YES' N.O. Purchase Contract Attached ESCRIPTION OF PROPERTY COVERED BY APPLICATION 1, 2, 3, & 4 and area designated "Reserved For Parking" 5 )N Oak Heights 46 Page 64 PB BOUNDS - - - 'EA COVERED BY APPLICATION VES AN OFFICIALS DT N 1.031 acres g:?T` . f , Tvyenue - 7� S"nt h�9i � Yi easy 100' S.[1, /J IJLreet SO' DEDICATIONS PROPOSED STRUCTURES`.LOCATE13 ON PROPERTY' none Abandoned structures TION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING: CHANGE OF ZONING EXCEPTION X VARIANCE DNE CLASSIFICATION GP. OTHER (SPECIFY) AMEND SECTION OF CODE Special use A*Dproval CHANGE. OF ZONING REQUESTED N/A pnllcwnt seeks Special 'se Approval -Of Drive -in /Fast _Food Restaurant acccrdance Faith Gi Ordinance ado -ted on E- 21 -90. Aoplicant provides ::ore -an required landscaDing, = etbacl:s, etc. for clacement of= NIN.G S.'P-ORTING DATA REQUIRED !S SUBMITTED WITH THIS APPLICATION. :=L!_ATIC',. ERTIFIE:D SURVEY SITE .PLAN TATE.`'ENT CF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED ATTACHED. HERETO AND MADE 7 - H'OTOGRA.PHS {letter) =R OPOS ED FLOOR PLAN HEARING FEE (CASH OR CHECK) _ - OTHER >IGNEO HAS READ THIS COMPLETED APPLICATION -AND REPRESENTS THE INFORMATION AND ALL SUPPORTING _E AND CORRECT THE BEST OF NiS KNOWLEDGE AND BELIEF_ SIGNAT,JREtj attcrnev -or AQuiichnts CE USE CNLY' HEARING — ._ HEARING NO. PEV. 3 -Ii -" DATE FILED RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE CITY MANAGER'S RECOMMENDATIONS REGARDITTG "TASK ASSIGNMENTS "; ADOPTING THE WOMBLE- PAY PLAN REGARDING "WAGES"; AND ADOPTING THE SPECIAL MASTER'S` RECOMMENDATIONS ON "�1ANAGEMENT RIGHTS ", "SICK LEAVE ", "HOLIDAYS ", "OFF -DUTY EMPLOYMENT ", "DRUG TESTING" AND "CLASSIFICATION" TO RESOLVE DISPUTED IMPASSF. ITEMS IN THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI; AND THE AMERICAN FEDERATION OF STATE, COUNTY AND 'MUNICIPAL EMPLOYEES. WHEREAS, the City of South Miami, Florida, has an existing labor agreement with the American Federation of State, County and Municipal Employees (A.F.S.C.M.E.); and WHEREAS, negotiations for a collective bargaining agreement for the fiscal year 1990/91 between the City of South Miami and the A.F.S.C.M.E. ended in a statutory impasse and WHEREAS, pursuant to Chapter 447, Florida Statutes, the Special Master has made recommendations which are not binding on either party and the legislative body of the City of South Miami must now hold a public hearing after which, such action will be taken as deemed in the hest public interest to resolve all disputed impasse items'; -- -- NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section l That the amendment to "Task Assignment ", Article VIII, as recommended by the City Manager of the City of South Miami (a copy of which recommendation is attached hereto) as Exhibit "A" and made a part hereof be, and the same hereby is, adopted. Section 2. That the amendment to "Wages ", Article XVIII, recommended in the Womble Pay Plan (adjusted by the previously adopted 27 increase) be, and the ,same hereby is, adopted. Section 3. That the recommendations in the Special Master's Report regarding "Management Rights ", "Sick Leave ", "Holidays", "Off -Duty Employment' -', "Drug Testing" and "Classification" ( a copy of which report is attached hereto as Exhibit "B" be and -zade a part hereof) be and the same hereby are, adopter'.. PASSED AND ADOPTED this ATT- -. CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY d av of APPROVED: MAYOR RESOLUTION N0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING THE CITY HALL OF THE CITY OF SOUTH MIAMI A "SMOKE -FREE ZONE" WHEREAS, the Surgeon General of the United States has determined that cigarette smoke in an enclosed environment -presents health hazards to smokers and to non- smokers alike; and WHEREAS, the Mayor and City Commission are concerned with the health and well- being of the City employees and those persons doing business in City Hall_; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. That the City Hall of the City of South Miami, Florida, be,, an hereby is, declared a "smoke -free zone" to ensure the health and wellbeing of City employees and those doing business in the City Hall. Section 2. That the City "lanaper be, and hereby is, authorizzego enact such regulations as are necessary to carry out the foregoing section. PASSED Ar7D ADOPTED this day of 1 000 . APPROVED -=EST 1 fAYOR CITY CLERK pPD 0VEn AS TO FORM: 7-nR TC 1 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F (1) OF THE CITY CHARTER AS OF THE END OF THE 'BUDGET YEAR ENDED SEPTEMBER 30, 1990, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS WHEREAS, Article IV F (1) of the Charter of the City of South Miami, Florida provides: At the request of the City Manager and within the last three months of the budget year, the Commission may; by resolution, transfer any un- encumbered appropriation balance or portion thereof from one office or department to another. and WHEREAS, the City Manager has set forth a series of recommendations in the attached itemized list to transfer line items from one City department to another as of the end of the budget year ending September 30, 1990, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the recommendations of the City Manager be, and hereby are, approved and adopted as set forth in the attached itemized fist to transfer line items from one City department to another pursuant to the City Charter as of the end of the budget year ended September 30 1990. Section 2. That the City Manager be, and hereby is, authorized to take such measures as are necessary to accomplish those transfers. PASSED AND ADOPTED this th day of November, 1990. APPROVED: MAYOR ATTEST: CITY CLERK SAD rND APPROVED AS TO FORM`: CITY ATTORNEY ®I B. Public Hearings. At the meeting of the Commission at which the budget -an pu get message area submitted, the Commission shall determine the time and place for -a public hearing on the budget, at which time interested persons shall be given an opportunity tc be heard. The City Clerk shall post a notice of the place and time not less than five days after the date of posting, at which time the Commission will hold a public hearing. C. Adjustments. After conclusion of such public hearings, the Commission may insert new items or may increase, decrease or delete the items of the budget; provided, however, if the total of proposed expenditures be increased thereby, then and in that event, the Citv Clerk shall post a notice setting forth the nature of the proposed increase, and listing a place and time, not less than fire days after the date of posting, of the public hearing thereon. Adoption. The budget shall be adopted by a 3/5 vote of the Commission not later than 10 days prior to the beginning of the fiscal year. Should the Commission take no final action on or prior to said date, the budget as submitted shall be deemed to have been finally adopr.ed by the Commission, provided, that if the provision for funds in ahy department or departments, exceeds 10% of the previous year's budget, then as to that department or departments, the Commission shall be deemed to have approved the previous year's budget. E. Certification. A copy of the budget as finally adopted shall be certi iea y the City Manager and the budget `so certified shall be filed for the use of all offices and departments. F. ;Modifications. (1) - ransfer of ADvrovriation. At the reauest of _he City Manager the Commissi n may at any time transfer by resolution any unencumbered appropriation balance or portion thereof between _eneral classification of exvenciture within an office or denarrmenr. -ecuest of the City Manazer and within the last three months .year, --he Commission mav, by resolution, transfer anv _:ner.cu:^verea appropriation balance of portion thereof From one orficL ceoartment to another. Emereencv Aorronriations. case of disaster or anv other c_rcumstance creating an emergency, _he Commission may at anv _ime in anv_ tudget year, :take an emergencv appropriation for the ?urpose of repairing damages caused by such disaster or meeting such public emergency to the end that public health, safety or welfare 'gill be protected. in any budget year where circumstances creating such an emergency have arisen, the Commission may, upon recommendation 71; ::he C'_ty Manager, authorize the borrowing of _money by the .issuance negotiable notes of the City. Such notes shall not exceed 10% Of the total onerating appropriations in the current -,ear and may be eneweo trop time to time; but all such notes. together with the en.ewals. ^all azure and be paidynor later t`:an tr.e end of the .a :scat :er after tine budg y et ear •n which the original rotes shall -ave :een. :ssuea. ucn notes snail not consitute a generai obligation 1 .or a oiedge of advalorem tax revenues. `votes may not be sold at less i an par and accrued interest at private sale without 7revious adver- - _cement 14 i W KESu I UT u . a KESOLUTI0N " THE "AYOR AND ;ITY (UOMMIS311JN F HE (;IIY +)F SUUTH :il.%rIL, LLUREDA, - LTHOREZi: G E ?URCHASE OF ONE SAVIN 7 230 "COPY :1ACHINE F,)R 70TAL PRICE NoT 1,o EXCEED 'S2, 9 5 . J J AN D �ROVIDIZNG FOR JIS BURS EMIENT -RUM kCCUUNT 'iUMBER 1770 -o430 EQUIPMENT- OPERATING. WHEREAS, pursuant to the 1990 -91 Budget of the City of South Miami, Florida, the Public Works Department of the City of South Miami, Florida was authorized to purchase one Savin 7230 Copy Machine; and WHEREAS, the Administration of the- City of South Miami has now obtained a cost of $2,295.UO from Savin Florida, 9500 V.W. 41st Street, Miami, FL` 33178 pursuant to the following governmental bid number #186 -600 -380 -K State of Florida. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is therebv awarded to Savin Florida, in an amount not Co exceed $2,295.00 for one Savin 7 Z3U Copy Machine. Section That the disbursement )e charzea co account Zumcar -'177u -b4�J Equipment !)neraring. PASSED -:`;D UOPTED cnis day ;L 1990. PPRUVED MAYO R 1T_.J L R. .EAD D :FP RUVZD S T" uKM: :I TY TTO KN EY f� RESOLUTION NO . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF THIRTY-FIVE - TWO _CUBIC -YARD D,UMPSTERS FUR A TOTAL PRICE NOT TO EXCEED $9,975.00 ($2$5.00 PER UNIT) AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER Y17Z0 -6430 EQUIPMENT - OPERATING. WHEREAS, pursuant to the 1990 -91 Budget of the City of South Miami, Florida, the Public Works Department of the City of South Miami, Florida was authorized to purchase thirty- five - two cubic yard dumpsters; and WHEREAS, the Administration of the City of South 'Miami has now obtained a cost of $9,975.00 from Hesco Sales, 4295 East 11th Avenue, Hialeah, F1 33013 pursuant to the following governmental bid number #1062 -790 of Metropolitan Dade County. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is hereby awarded to desco Sales in an amount not to exceed $9,975.00 for thirty- five - two cubic yard dumpsters. Section 2. That the disbursement be charged to account .umber =1720 -b43U Equipment Operating. PASSED AND ADOPTED this day or 1990. APPROVED: MAYOR TTES T �. K EAD AND APPROVED AS TO FORM: ;ITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMI S SI OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF SIXTEEN - LAWSON LITTER CONTAINERS FOR PUBLIC WORKS DEPARTMENT FOR A TOTAL PRICE NOT TO EXCEED $3,827.84 ($239.24 PER CONTAINER) AND PROVIDING FOR DISBURSEMENT` FROM ACCOUNT ;NUMBER #1730 -6430 EQUIPMENT - OPERATING. WHEREAS, pursuant to the 1990 -91 Budget of the City of >outh Miami,, Florida, the Public Works Department of the City of south Miami, Florida was authorized to purchase sixteen - -- Lawson .fitter Containers; and WHEREAS, the Administration of the City of South Miami ias now obtained a cost of $3,827.84 from Lee Equipment Co., 100 'embroke Road, Hallandale, F1 33009 pursuant to the following governmental bid number #838447 of Metropolitan Dade County. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE ITY COMMISSIUN OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That a purchase order is hereby awarded to .ee Equipment Co., in an amount not to exceed $3,827.84 for ixteen - Lawson Litter Containers. Section 2. That the disbursement be charged to account umber #1730 -6430 Equipment Operating. PASSED AND ADOPTED this day of 1990. APPROVED: MAYOR ETEST: '�TY CLERK "AD AND APPROVED AS TO FORMS :TY ATTORNEY RESULUTION NO A RESOLUTION O r THE .KAYO R AND CITY COMMISSION OF THE CL TY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF FIELD LIGHT FIXTURE WITH BALLAST FOR AIHLETI C FIELD AT SOUTH MIAMI FIELD FOR A TOTAL PRICE NUT TO EXCEED $1,152.00 AND PROVIDING' FOR DISBURSEMENT FROM :ACCOUNT NUMBER '42000-4b20 MAINTENANCE AND REPAIR - OPERATION EQUIP'M'ENT. WHEREAS, pursuant to the 1990 -91 Budget of the City of South Miami, Florida, the Recreation Department of the City of South Miami, Florida was authorized to purchase Fixture with Ballast (6) PSFA 01 M5A 3GP - (2) PSFA O1 M5A5 GP (8) CAA -001 Fixture Mounting Brackets; and WHEREAS, the Administration of the City of South Miami has now obtained a cost of $1,152.00 from General Electric Supply, pursuant to the following governmental bid number #285 26U =030 State of Florida Fixture Contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is hereby awarded to General Electric Supply in an amount not to exceed $1,152.UO for Field Light Fixture with Ballast for Athletic Field (6) PSFA 01 M5A 3GP - (2) PSFA 01 15A5 GP (a) CAA -001 Fixture Mounting 3rac.tiets. Section z' That the aisbursemenc be charged co account . "'Uu� -4620 tilaintenance and kepair - Operating Equipment. ?ASSLD AND ADOPTED chin day of 1990. APPROVED: TT-,_. .;1TY CLERK ,cEAll AND APPROVED AS TO FORM: CITY ATTORNEY HAYU R RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RATIFYING AND APPROVING EMPLOYMENT OF THOMAS L. MCGOVERN AS A COMPUTER CONSULTANT TO THE CITY ADMINISTRATION AND PROVIDING FOR DISBURSEMENT OF $ 2,000.00 FROM ACCOUNT NO. 1410 -3460 - "PROFESSIONAL SERVICES FINANCE DEPARTMENT" WHEREAS, the City's independent auditors have twice recommended the study of existing computer hardware and acquisition of improved software compatible with that hardware; and WHEREAS, the Administration of the City of South Miami, Florida therefore required the services of -a professional computer consultant to review the existing software and to make recommendations regarding additional software compatible with the existing computer hardware; and WHEREAS, the City Manager determined that Thomas L. McGovern was well qualified to perform these professional services, but was only available during the period commencing June 15,'1990 within which he could not only make the survey, but provide accessibility to other municipalities' hardware; and WHEREAS, Thomas L. McGovern has now rendered an invoice - (coov attached hereto) for professional services in the sum of S 2,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager's Contract with Thomas L. McGovern to perform computer consultation, including the review of existing software, and to make recommendations regarding additional software compatible with the existing computer I ardware, nor the City Administration, be, and herenv is, ratified and aDDroved. Section 2 That the invoice of Thomas L. McGovern in the sum of S 2,000.00 be paid by disbursement charged to Account No. 1410 -3460: "Professional Services Finance Department ". PASSED AND ADOPTED this th day of November, 1990. APPROVED: MAYOR ATTEST: CITY CLERK - -_ READ AND APPROVED AS TO FORM: CI'TY ATTORNEY OMAS L. MCGOVERN, CONSULTANT 16540 S.W.82 AVENUE MAML, FLORIDA 33157 (305)233.4629 1 _October 1990 Mr William Hampton,Clty Manager City of South Miami 6130 Sunset Drive South Miami, - Florida Dear Mr. Hampton; Attached is an Invoice covering service rendered in evaluat- ing the existing finance, payroll, occupational licence, and garbage collection systems. I worked closely with fir 'John` Corbliss, and his staff throughout this period. The invoice covers 25 hours of billable time. During this evaluation, it was determined that it would be in the best interest of the ('1ty to replace the f-xisting software systems. that is the programs that accomplish these tasks. This decision resulted from `a number of factors'. First and foremost, the programs supporting the finance system were no longer support- ed by the vendor who created them and there was considerable trouble encountered whenever any operational difficulty was encountered. Secondly, and equally important, whenever a change in the program set was required to effect even a small change that was highly desirable, it could not be accomplished easily and results could not be guaranteed when Illie change was accomplished :additionally the program et had many deficit? that shouid have been vrrectcd to aifurd more capabilit-, , `lie , finance staff and i-sieve their workload. ";lent ,erg' ::tt1t_ ri :10 .ecurcty provisions :n the pt•oirani ::et .hic,h t.,ns�,, ; :,i5� i,'vOi hat :ertainiy undesirable ' :i f ?nand_ y„t m. -here was no inte- rat be.twp n the ;t•ot' :m .;�1 that rr,v :Ljrc1 ! h e basic support _;;r :hese funct :.,ns Bich tl�u an iinde-s. :ab1N situation for ', ais type- f uppiicat ion . rattler L :roblems � erc �ncuuntered 'with ocumentatiun.' :ack i ii depth- hnowiNdge f the programs (,apabi i s t ivs by t he _rapport ing taff •tc:. 'tit f ice t say there was .•ery ood i,easoil tt- :;eek a reptacement �t f software for ;mpiementatiun .s soon :,s pclssible. With =parr ` -? i' placement f he ( :omputor : :ardivari _uitable set. ,c ;ftivare cuuid h i,-)catc,d then rrme<, aswn obit 0 etaiii - :t? :1 tilt _ :ardwai e ather ` -han .acui' ir. sddi - ivnai Ost nv�iveu :n iicqui. :75 ';,-:-w computer quipment �nce ':iardware was aerating ati;:iactorily. 14 av�,,'.i'at? <; vo ystems 4 n i c:n pF,r stud zVi z q u i :nr,a . tans. O[UP Uie11 U1 Ut .il :i v The Vanitron system was a fully functional finance system, but it was not an integrated system with p yroll, occupational licence and garba$e collection features. On the other hand, the City' Computer solution set of software was a totally integrated data base oriented system which offered many advantages that the existing system or the Manitron °'System did not. The City Computer Solutions package was simple to operate and appears to have a capability to make changes relatively simply. The company that supports the system understands local government operations and is supporting a substantial number of cities with thin package at the present time As you are aware, I was able to arrange with the City of Miami to use one of their UNISYS computers in their computer lab to run a variety of tests on the demonstration program sets that City Computer solutions had sent to Hr Corbiiss. We ivere not able to do a complete evaluation because to protect themselves against unauthorized use of the programs the company had not forwarded complete documentation and therefore we did not havN r_he- necessary information to complete our investigations. 'ae were able to determine that the programs demonstrated c�apabllity that was highly desirable. We then arranged for a complete demonstration by by the staff of i.ity Computer Solutions In order to ascertain the exact capabili- ties of the System. The demonstration showed not oniy the flexi bilities of the system but also clearly demonstrated the ease with which change couid be accommodat�_d. There are a significant number of improved procedure :. t`iat within the programs that -gill I)enefit the iI f the stem i�- accluirrd and • result L :'tat :emon. ;.: at i on. :P c :oncl uUr(1= 1r11QUIi . .�'Olutionz; package ,ifered ".le 0e S t c.apabiiaiJ•tJi' le monev involved t his time. ny recommendation to al'(J111Ce ina nstl�. the Cjmputer oiut ins paci.age _or ae it f'_-w minor !Iianges in the program .;et wi11 be required to )tal'_y meet e f inancF- dehartments_compietr u rcments, but at he last ner.t in5i t appeared ` hat these changes would .),•resent i%t:e .it' no problem and �_ould be .xCcomp,1 !;_:hid i i' a i1,iminal, fee. {r •ut'bl,._.: ;:ill Je "ollowing ip ��n l hi ..Spoet L iiPgCjt lilt ions lii _i t Omputt�r `-ulut i ;n-T i _ be i _ '�'� :.at Ji- t`Net•11 :It t 1.7 i Za(iCl' w i f lid t '1P - to i f L � i t 1m �lil . 1' U i ut i r)rl a } 4 s '.:te .mpi«- mentu�iun � ,�� si _m in t• aCCOmp I 11CO i :,n L f C' i c,11 ad :p%'d i t a -us mannl'1 f ) t _ ciae_ c lu:. _ 1:.. y rm. t ';i _. n _ t a Ppeai•_ ay :erg• ices .ill lu :,Dn;er �F �*lui. 'd. ,ut '.vi' : i ,u: ;e la PL) V ._. . to assist in any way that I can if _either y-ou- +- r - <Mr. Corb'liss feel that L can be of further assistance to the City. Thank ;,ou for the opportunity to have been (if service. Sincerely; omas L McGov _ n Consultant 16540 S.W. S' Ave Miami, Florida 331`57 0 30 :5 ) 1133 46tZ3 OMAS L. MCGOVERN; CONSULTANT 16W SX 82 AVVgM MAW FLORIDA 33157 (305) 2334629 INVOICE 1 'October 1990- TO: Mr. William Hampton, City Manager City of South Miami 6130 Sunset Drive _ South Miami, Florida FOR SERVICES RENDERED 15 JUNE THROUGH 20 SEPTEMBER 1.990 25 HOURS 4`$80.00 /HOUR.. ... ..$2000.00 THIS INVOICE IS SUBMITTED IN ACCORDANCE WITH YOUR VERBAL INSTRUCTIONS REGARDING EVALUATION OF THE 'SOFTWARE AND HARDWARE SYSTEMS SUPPORTING THE CITY OF SOU-T11 MIAMI ' FINANCE DEPARTMENT Please pay from this Invoice. No Statement will be rendered. Tha You; THOMAS rL 1iCG0 RN CONSULTANT t 6 5 4 0 .W. '�2 Ave Miami.. ;'1 or t da] X15' ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND -_ITY COMMISSION OF THE CITY OF SOUTH MIAMI PROVIDING FOR A -- FRANCHISE AND GRANTING PERMISSION AND AUTHORIZING SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE CITY OF SOUTH MIAMI FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EOUIPMENT THEREON AND THEREUNDER; PROVIDING FOR A TERM OF FIFTEEN _(15) YEARS: PROVIDING FOR A FEE,; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE': WHEREAS, the Southern Bell Telephone and Telegraph Company hereinafter called "Companv ") desires to renew its franchise ith the City of South Miami thereinafter called "City ") for use f Dublic streets in the transaction of its business; and WHEREAS, the City Administration recommends the permission mina granted pursuant to the authority of Section 362.01 Florida tatutes ; OW THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION F THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Company, is herebv granted non xclusive permission for use of City rights -of -way upon the Dllowina terms and conditions. Section The Company, its successors and assigns, is 3rebv granted permission to construct. maintain and operate `_nes of teieohone and telearaoh equioment., includina the �cessary poles, conduits, cables, electrical- conductors and '_ber and diaitai tecnnoioav fixtures upon, along, under id over t'. ^.e oubiic ,roads. Streets, hiahways and right of wav of le tv f South Miami, Florida, as _-s business may from time time require, --rovided that all poles -hall be Neat and mmetrical, and - rovided that no utility work. aescribed above = Lherwise _- lcwed. _=hall nst ail ed _ocated _-r clOCatcQ thous 7:_ ten e r m 1r sued 3ec7:i�n - The cork allowed under this franchise shall be ;ne =ubie= to the =uDervision of -he 71 and the ComDanv :all replace or properly relay -and repair any sidewalk or street n sod _andscaoina. �r other- morovement that may be disoiaced by reason of such work, and uoon Failure of the Comoanv 3o to do, after twentv (20) days notice n writing uiven by the Citv ?�!anaaer to the Comoanv, `he City may repair anvthina that may have been disturbed by the Comoanv, and collect the cost so incurred from the Comoanv. env failure of the Comoanv- to abide by this provision or anv other orovision of this Franchise may result in the City causing this Franchise Agreement to be null and void. Section 4. In consideration of the riahts and privileges herein aranted.. the Companv shall pav to the City annually a sum equal to one percent (1%) of the gross rece -iots of the Company on recurrina local service revenues for services provided within the corporate limits of the Citv by the Company, provided that there shall be credited against such sum the amount of all taxes, li- censes, fees and other impositions (except ad valorem taxes and amounts for assessments for special benefits, such as sidewalk's, street oavinas and similar improvements., and occupational license taxes) levied or imposed by the Citv upon the Comoanv and said durina the orecedina fiscal near as defined herein. ?avment shall be made to the Citv for each of the vears that this Ordinance is in effect and shall be based on the receipts of the Company of the fiscal year. For the ourooses of this payment, =iscal _-ear shall end on December ?lst. The annual cavment shall '-e made -o the Citv in tour (4) installments. The first, second and -hird -_nstallments of the annual Davment =hall -e ased .:oon such -,Toss = °Ceipts =or the = rst., second and third uar -zers, resnec- vely of the fiscal year and shall be made on or be* "ore `_hree ) months �ollowina the end c these periods. The _ourrh :nstailmenr of the annual cayment --hall be made on or of ore - nonths. oilowina ".e end _ E uch _.':Cal ear, , mail :.'e .-ased 1]non 3ucn cross receiDtS `or the ''_SC3l lear ^ut Shall adittc ten cri a`±' DaymenL _f -he =1rst hree _ 1 nstailments. Eiowe,,er, the first annual payment shall be made in one sumo cavment on or before three 31 months subsecuent to the oassaae of this Ordinance !if accepted by the Comoanvl and shall be based uoon revenues for the iscal year ?ndina December 31, 989 and shall be for the oermission year Drii '1, 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 oavment records, upon which the payments were based, _during normal business hours at the location of the Companv where such records are maintained. However, no Company records may be duplicated or taken from the Company's premises, and the City shall maintain the confidentiality of the information disclosed in- these records and use the information solely for the purposes of verifving oavments by the Company, except as may be provided by the Federal and State oublic records law. Section G. The Companv shall endeavor to install underground extensions of telephone distribution lines that the Comoanv has determined are necessary or desireable in new subdivisions where all other utilities will also be installed underground; orovided, 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 Regulations. Section The Comoanv shall indemnify the City against, and assume all liabilities for damacies which may arise or accrue to the city for an niury to persons or oronert— from the doing -f -nv work ^,erein authorized, or the neglect of the Comoanv cr anv c emoiovees comply with anv Ordinance reaulatina the _=e _ ^ :e crroorc tLn _ "it'!. and the acceptance Cv the (omiDanv of this 01rdinance snail be an agreement by it to oav`ro the City anv sum -.r money -or which the City may become I.Lable from or by 3 --eason of such iniurv. Section B. Nothina in this Ordinance shall be construed as a surrender by the Citv of its riQht or cower to oass "Ordinances eaulatina t he ise of its streets, rights- or -wav or grantina imilar agreements Section 9. This Ordinance shall take effect immediately at the time of its aassage. Section 10. The Company shall file with the Citv 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 accented by the Company, shall be in force and effect for a term of fifteen (15) vears 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 wav affect the validity of the remaining portions of this Ordinance. °ection 13. All Ordinances or harts of 'ordinances in conflict herewith be and the same are herebv repealed. ?nSSED AND ;.DOPTED this th day of , 1990. Al TEST: =.`.AD ::ND APPROVED nS TO FORM: 'ITY ::TORNEY APPROVED MAYOR- 4 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ITY '`OMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA, DETERMINING THAT THE "OUTH MIAMI DISTRICT CHAMBER ?F COMMERCE HAS VTOLATED THE DEED RESTRICTIONS OR A P'ORTI.ON OF THE LIAND COMMONLY KNOWN AS FUCHS PARK 'ND LEGALLY DESCRIBED HEREINBELOW: AUUTHORIZING 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 Countv, 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 a_uarter of the Southwest quarter 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 orovided 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 ourr_ose oniv oernetually and at anv time said use is converted to ne .ther than in a nature of Chamber of Commerce activities his read shall -:hen become null and void", WHEREAS, the South Miami District Chamber of Commerce has -e =sed =xist and -v virtue f _cs meraer into -he !seater South Dade /South Miami Chamber of Commerce. WHEREAS. therefore. `-he South Miami District Chamber of ,mmerr -� _?.n o _7nQe L" _Se -.`?a !Se L'or �•ne --he ..:3Lllre L =amber __ _ommerce ct_�i -_ems '_,OW. _'-EREFORE. ?E IT ORDAINED SY THE MAYOR AND CITY CCMMISSION ^F -.. ?E CITY _'_ -OUTH MIAMI , FLORIDA: 'ecc'_on = The _.tv _f °outh Miami Florida finds and etermine_ `hat the South Miami District Chamber ci Commerce has violated 7erMS o _he aforesaid Deed by ceasino to exist by ,Jirzue oi' Its meraer into the Chamber or Commerce and -'urtner. that the use is no loncer one 4in the nature of a Chamber Df Commerce _ctivity by the South Miami District Chamber of :ommerce. Section 2 That the Citv Attornev of the Citv of South Miami be, and hereby is, therefore authorized to take all steps :eauired to accomplish a re- vesting of title in the aforesaid _eai oroDerty to the City, including civil lawsuit'. Section 3. If any section, clause, sentence, or ohrase of :his Ordinance is held to be invalid or unconstitutional by anv :ourt of competent - jurisdiction, then said holding shall in no 'ay affect the validity of the remaining portions_ of this rdinance. Section a. All Ordinances or oarts of Ordinances in :onflict herewith be, and the same hereby are, repealed. Section This Ordinance shall take effect immediately at he time of its oassage. PASSED AND ADOPTED this th day of 1990. APPROVED: MAYOR --AD AND I PPROVED = S TO FORM: TY TTORNEY Subject, .further, to those conditions of recnr as reflected in that certain deed From Dc:�1e County, Florida, ra the Citv o;: South Miami covering thn N•� of the NE'; of r_ine 1:W1 r: v'^ � SW'.' of Section 36, ::)�mship 5i► soLir 1, Range � .� ' .' 40 East, said deed having Bern exec itnr' ` the 5th clay of ,'��ri1, 1956, and recnrdnr, in ' 71" Deed gook 1+259 at -Page L75 of the Public Recnrds � \' of Dade Counr.y, Florida. < ?,� Lt :s, ::srthcr, understood and aRreed, .ind tni.s ;rant is subject to, approvaL or rile City Cour:( ;i'_ it the City of South Miami Un nr.v and all nru posed improvements to be placed on the property heroinabeve described prior to any icnptoverr.ents being mazie Lhereon. Grantor snecifi.c.il).y reserved t "tci right to re ,:ccupy, and cause a rL-vesting c>r tj t1 e Ln said groper ',• snouid t!le Grantee ever at any tir.1e �jec Mme uelinquent on the payment o .env mortkza „L�: or mortgai;es pLaceu cn said lands; Lt bcinz jnuiersc,Oad chat the Grantor ,ry invokina .:roviaiun will tacee!:v .:sr:ume ,�: �::va:eri: _.��' -rc,;. {:,e ur mnrc,:.i:•.cs .... �•:, :vmt � y R4;A_ ! yrlaYri�iNr..r.rM1�w�V�. 'dlL.a r.� _:i ..� ..� =ter►.. u�a..w:.— .�rrr�•r �C.r ,.. . r .. ,.,.,u.! `�fi 1�....`'�`'{``:3Y, J,,�,,,►, ��'S+'a ., ja' x 11�� ? r . �' � �4- . 1; ' Itl,{ . ,v1i ill .•.'( . _ M ar .: r vAK ::, a;�.= ' •. - . , . DES' .. .. r;: _ r r� r ,'ri k, r.,., ( •, i�w�..i�%°��,� -err t THISIDEED, made this day of .Wj"t34, A.D. yY by CITY. OF SOUTH,,MIAMIA:if '114F corporation, Party or tic . First Part, and SOUTH MIAMI DISTRICT CHA'1BER, OF;C0 %_XERC'r, a ooa- C. prof It corporation, whose mailing address. is 5920 ,South 'Diiae Highway, South Miami, F,.orida, Party of the Secaad:;Part: W I T N E S S E .T H: That thu Party of the First °.irt, 1 ,ant:. _n re: tion of 'the sum of One Dollar t$1) to tL In .i�nd paid b` the . Party of: the. Sacnnd Parr., the receipt whereof 1.9 hereby acknow- ledged has-granted, . bargained and-sold to the Party ci the Second; Part, and its. successors':forever, the fvlloujns, described,.:. '• 'T All " land l.ying.;and bain&�'in Uaae County; Florida, tc -wit; ►a ;,,:. The .West 150 four, of the East 210 feet of:, the . +^ %. ' • Nurth 155 feet of the h'Wk- of the SA'!ilesy. the North 35 feet thereof in Secti.on ,b, •Township 54 South,. 49-Ease, , Range all bein,; and lying, in Dade County, Florid". This conveyance • is conditioned an h- un �_of said propertylby the South. Miamt _"stric t 7-.- y, 2fias er-�£- LvmmerCef td be : fnr-ttrrt--purp s-e slid for that .purpose only perpetually and: that . at ',any time said use is converted to one other than. in the nature. of Chamber of Contte'rce %. " ' activities this deed shall then became null and void.' E Subject, .further, to those conditions of recnr as reflected in that certain deed From Dc:�1e County, Florida, ra the Citv o;: South Miami covering thn N•� of the NE'; of r_ine 1:W1 r: v'^ � SW'.' of Section 36, ::)�mship 5i► soLir 1, Range � .� ' .' 40 East, said deed having Bern exec itnr' ` the 5th clay of ,'��ri1, 1956, and recnrdnr, in ' 71" Deed gook 1+259 at -Page L75 of the Public Recnrds � \' of Dade Counr.y, Florida. < ?,� Lt :s, ::srthcr, understood and aRreed, .ind tni.s ;rant is subject to, approvaL or rile City Cour:( ;i'_ it the City of South Miami Un nr.v and all nru posed improvements to be placed on the property heroinabeve described prior to any icnptoverr.ents being mazie Lhereon. Grantor snecifi.c.il).y reserved t "tci right to re ,:ccupy, and cause a rL-vesting c>r tj t1 e Ln said groper ',• snouid t!le Grantee ever at any tir.1e �jec Mme uelinquent on the payment o .env mortkza „L�: or mortgai;es pLaceu cn said lands; Lt bcinz jnuiersc,Oad chat the Grantor ,ry invokina .:roviaiun will tacee!:v .:sr:ume ,�: �::va:eri: _.��' -rc,;. {:,e ur mnrc,:.i:•.cs .... �•:, :vmt � y R4;A_ ! yrlaYri�iNr..r.rM1�w�V�. 'dlL.a r.� _:i ..� ..� =ter►.. u�a..w:.— .�rrr�•r �C.r Deed Restrictions - South Miami Chamber of Commerce oace two "Covenants are strictly construed in favor of the free and unrestricted use of real property, but effect will be given to the manifest intention of the parties as shown--by the language of the entire instrument in which the covenant appears, when considered in connection with the circumstances surrounding the transaction, and not to the opinion of witnesses as to whether a different use of premises; conveyed would be helpful or detrimental'. Due regard must be had for the 'purpose contemplated bv'the oart'ies - to the covenant, and words must be given their ordinary, obvious meaning as commonly understood at the time the instrument containing the covenants was executed, unless they have acquired a_pecuiliar meaning in the particular relation in which thev appear, in respect to the particular subject matter involved, or unless it clearly appears from the context that the oarties intended to use them in 'a different sense. Thus, the exDressed intent of the parties is the controlling factor, unexpressed intent is not available, and substantial ambiguity or doubt is resolved'aaainst the oerson claiming the right to enforce the covenant. In the interpretation of restrictive covenants, the courts should be oractical and sensible rather than fastidious. [A 1971 Lase therefore held a wrought iron fence was not a violation of a restriction requiring fences to be of "cyclone type chain -link oniv "1 Where a use restriction in a deed evidences .;a basic intention to exclude certain uses, an exception thereto contained in such restriction must be strictly confined." 7 Fla. Jur 2d, 5uilding, Zoning, and Land Controls s35. `he violation of a restrictive covenant creating a negative asement may be restrained at the suit of one for whose benefit the restriction was established, irresaective of whether an 'action at law is maintainable; the action of court of'eauity in -ucn cases is not limited by rules of leaai liability. 'here an injunction is sought to prevent the violation of a 'restrictive covenant, appropriate allegations showing the iolati::n, or quasi violation, of _the covenant are sufficient, and i- is not necessary to allege that the violation of the covenant: amounts to an irreparable injury or constitutes a Nuisance -_o the complainant. In other words, the right to nforce a restrictive covenant does not depend upon whether the _cvenantee will -e damaged �v the breach; the mere breach u=f-_cienz -round for interference by injunction." -bid. 348. City of South Miami INTER- OFFICE MEMORANDUM ,Neil Carver, Mice- Mayor 0^TE: October 25, 1990 Martin David Berg, SUBJECT. Deed Restrictions City Attorney - South Miami Chamber of Commerce At the meeting of October 2, 1990, you raised several questions regarding the Resolution dealing with the land the City granted to - -the South Miami Chamber of Commerce. The Deed by which the land was transferred contains an interesting clause: This conveyance is conditioned on the use of said oroperty by the South Miami District Chamber of Commerce to be for that purpose only perpetually and that at any time said use is converted to one other than in the nature of Chamber of Commerce activities this Deed shall then become null and void. Legally, actions relating to conditions divide into two cate- gories: (1) restrictive covenants, in which case the remedv is -a suit for an injunction (an Order requiring and /or orohibiting certain conduct) in this case prohibiting activities other than those oermitted, or (2) a covenant with a right, of reverter, in which case the land reverts to the former owner (in this case, the City of South Miami) upon breach of the covenant. The problem with the language in this Deed is that there is no explicit language creating a right of reverter, rather the language is that the Deed becomes "void". It is my opinion that a Deed does not become void; it is either void from the start because It had a defect, or it contains a covenant, with or without a right of reverter. I cannot predict whether the Curt would construe this language as containing a right of reverter. believe it is more probable the language would be construed as a restrictive covenant. Attached to this page are quotations from a Florida legal encvciooedia which set forth orecisely how the language in covenants is construed. I have inserted one specific example. i have also Quoted the elements of an action for injunction. An action for injunction does not require proof of damages, but simDiv that there has been a breach. The question then is :whether the mera_er of the South Miami Chamber cf Commerce created a breach of the condition reauirina use in t:.e nature of Chamber of Commerce activities. understand the merger was with another Chamber of Commerce. Therefore, applvina the rules of construction attached hereto, do not telieve a breach of the Covenant can be legaily proven. cc: ~favor. Commissioners _ ORPIiIANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING`SECTIOr? 15 -63, MISC£LLANFOi1S PRO17ISIONS OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI BY PERMITTING OPEN LOT CHRISTMAS TREE SALES AS -A SPECIAL USE IN SPECIFIC ZONING DISTRICTS; PROVIDING FOR TERMS AND CONDITIONS OF THE SPECIAL _USE; PROVIDING FOR S'EVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. WHFRFAS, the Code, as presently enacted, does not provide for open lot Christmas trees sales; and WHEREAS, the Mayor and City Commission wish to amend the Code of Ordinances of the City of South Miami to permit open lot Christmas tree sales upon certain terms and conditions in zoning districts; NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: -" Section 1. Open lot Christmas tree sales shall. be permitted under certain terms and conditions is specific zoning districts from the effective date of this Ordinance. Section 2. Section 16 -53 of Code of Ordinances of the Citv of South r Miami be and hereby is, amended to permit the sale of r Christmas trees in districts under the following terms and conditions: 15 -63(a) Open Lot Christmas Tree Sales Open lot Christmas trees sales located within the City of South Miami may be authorized, subject to the following conditions and restrictions: 1 The setting up and dismantling of all equipment, structures of apparatus shall he.accomplished only between the hours of ' :30 AM to 6 :00 PM, Monday through Saturday. None of this work shall be done on any Sunday. ?. The applicant for such Christmas tree sales shall submit a sketched plan to the City Manager of all equipment, tents, structures, off - street parking and tree storage and /or displays. 3 All equipment, tennis, structures, tree storage and /or displays shall provide setbacks as required by the City of South Miami zoning code and the South Florida Building Code. 4. The operation of such Christmas tree sales shall be conducted between the hours of 9:on AM to 10:00 PM, ` Monday through Saturday, and from 11:00 AM to 2 :00 Fri on Sunday. 5. The use of application, flashing lights or other similar attention attractors and advertising devices shall be prohibited. C, off - street parking shall be provided as shall as required by the City Manager. 7 Adequate sanitary facilities shall he provided upon the premises of the Christmas tree sales. 8 All tents and equipment and—structures shall be maintained and kept in good order and - repair and, upon inspection, if found to be in disrepair, shall' be subject to removal and /or replacement. 9. The operation of such Christmas tree sales shall be in accordance with the fire safety standards as set forth under the "Metropolitan Dace County Fire prevention and Safety Code" -and the "South Florida Building Code" 10. Individuals conducting such Christmas tree sales' shall be subiect to maintain the premises in a clean and sanitary condition during the sale period. 11 All trash, debris, and unsold Christmas trees must be removed from the premises within a period of seventy -two (72) hours from the last day of sale and the premises shall be restored to its original condition on or before December 31 the year of the sale. Section 2. If any sentence, section, clause or phrase of this ordinance is held to be invalid by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of the ordinance. Section 3. All ordinances or parts of ordinances in conflict erewith be and the same are hereby repealed.. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of 1ogp. APPROVED: ATTEST: - MAYOR C I Tv CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ii. All mobile vendors must Provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was concqucteH`. iii. No mobile vendor shall remain in anv one site longer than one (1) hour except in the case of a special event, exhibition, exposition, art show and /or festival not to exceed five -(5) days and when further specifically permitted by a majority affirmative vote of the City Commission by resolution. Section 2 If any sentence, section, clause or phrase of this or inance is held to be invalid by any court of competent jurisdiction, then said holding shall. in-no way affect the validity of the remaining portions of the ordinance. Section 3. All ordinances or parts of ordinances in conflict herewiTh be and the same are hereby repealed. Section 4. This ordinance shall take effect immediately at the time ot its passage. y PASSED AND ADOPTED this day of APPROVED: ATTEST: MAYOR CITY CLERK. READ AND APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA AMENDING THE 1990 91 PAY PLAN BY INCREASING POLICE OFFICER AND POLICE SERGEANT PAY RANGES TWO STEPS AND BY ESTABLISHING A POLICE TRAINEE STEP; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES !N CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has reviewed the existing aovisions of the 1990 91 pay plan relative to the salary inaes for Police Officers and Police Sergeants, as well as the irrent procedure for payment of Police Trainees, and; WHEREAS, the City Manger has recommended that the existing ilary ranges for Police Officers and Police Sergeants be 7creased two steps upward, as well as that a salary step be stablished for Police Trainees, all as set forth in the attached chibit "A" NOW-, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 3MMISSION OF THE CITY OF SOUTH MIAMI', FLORIDA: Section 1. That the existing salary ranges for Police ficers and Police Sergeants in the 1990 91 pay plan be, and 2rebv are, amended to correspond with the Schedule set forth in ie attached Exhibit "A►'; and Section ?. That a salary step be, and hereby is, 3tabiished for Police Trainees to correspond with the Schedule '_t -forth in the attached "Exhibit "A" Section 3. If any section, clause, sentence, or phrase of Zis OrQinance '_s held to be invalid or unconstitutional by anv Durt ci competent 7urisdiction, then said holding shall in no 3v affect the -ralidity of the remaining portions of this - dinance. - ecti -n All -- rdinances :r -arts :f ordinances =erewit "l be and the same are hereby reDeaied. Section �j This Ordinance shall take effect immediately at n m n H. V7 o r n 7 0 > M m N �- cl m I N r1 -4 > O ri C i � '+t H { H' : 0 cl C Z F� Z 1.4 cl > N W W C H CD W ® Z S LO> 5tD> 2tD> XN Z r 0 " > m ill N N rn ill N to 0 tJQI W JA a �N@ `. N N Ul 4R _- �+N W �tl►N �uW NIDW Wry «-mW tJ N N UI {D i F- 1n W r N N I i 11WfD aWT i VarO JWT J I 9 �N4{ u N ON U r r ro V9 10 W (h �•►•.v Jd a .n /� N 0 Ift r m lJ � V1 W CD I✓.2 U 1►'J i WaN CDW0 i Ct Va rAVIJ I II a tOr9 t1+r,c � � Wtn�- tJ A +LA V W W I i ORDINANCE NO. 10- 90- 1450 -A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PROVIDE SPECIFIC DEFINITIONS FOR SATELLITE ANTENNAS; DELETING "SATELLITE ANTENNAE" FROM SECTION 20 -3.3 (E) ; DELETING SPECIAL USE CONDITIONS FOR "SATELLITE ANTENNAS" IN SECTION 20-3.4 (B),(15); CREATING SECTION 20 -5.23 SATELLITE ANTENNA PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT'; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the _'Mayor and City Commission desire to provide clarification of the use heretofore known in the Land Development Code of the City of South Miami as "Satellite Antenna "; and WHEREAS, the Mayor and City Commission desire to regulate and make provisions for existing antennas which already installed; and WHEREAS, the Mayor and City Commission desire to change the procedure under which satellite antennas 'and microwave dishes are permitted in the Land Development Code. NOW, THEREFORE,_ BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That Section 20 -2.3 DEFINITIONS be and the same is hereby amended to include the following definitions: ANTENNAS, SATELLITE EARTH STATION Shall mean antennas restricted to the sole purpose of receiving and amplifying microwave signals for television reception and shall be permitted in residential and commercial zoning districts. ANTENNAS, MICROWAVE Shall mean antennas restricted to the sole purpose of receiving and /or transmitting and amplifying microwave signals and shall be permitted in commercial districts only. Section 2. That Section 20 -3.3 (E) Permitted Use Schedule be and the same is hereby amended to delete the use "satellite antennae" from the schedule as follows: C P ZONING DISTRICTS 0 A N R R R R R R R R R R L M N S G I PIP, D I K S S S S T T M M 0 0 0 R R R IIR S G 1 2 3 4 6 9 1 Section 3. That Section 20 -3.4 (B)(15) of the Special Use Conditions be and the same is hereby amended to contain the following: (15) RESERVED. 1 Section 4. That Section 20 -5.23, SATELLITE ANTENNA .PROCEDURES be and the same is hereby created as follows: (A) SATELLITE EARTH STATION ANTENNAS That plans of satellite earth station antennas_ shall be submitted with each application for a; building permit, which shall include a site plan indicating the height, diameter, color, location, setbacks, foundation details,, landscaping and screening, and that such plans shall be subject to approval by the E . R . P. B . and that such antennas shall be subject to the following standards:' 1. Location (a) In all RS, RT -6 and RT -9 Districts only ground- mounted antennas shall be permitted and such antennas shall be located in the rear yard of that property or in the interior side yard and not visible from the street. (b) In all 'other districts, roof - mounted antennas shall be permitted, provided, however, that such antennas . shall be screened from ground view by a parapet or some other type masonry wall or screening. The minimum height and design of such parapet, wall or screening shall be subject to approval by the E.R.P.B. (c) Ground- mounted antennas shall also be permitted in the RM'- 18, 'RM -24 and commercial districts subject to the applicable provisions of this section. 2 Landscaping (a) Ground mounted antennas shall be screened by landscaping from view from the street and 'adjacent property owners so that such antennas are not visible between ground level and eleven (11) feet above ground level as shall be approved by the E.R.P B. (b) In order to reduce the height of the required plant material, berms may be employed in conjunction with the landscaping plan. All plant material, size (at installation), quantity and spacing shall be specified on the landscaping plan or site plan. 3. Diameter (a) The diameter of such antennas shall not exceed ten (10) feet in all RS, RT -6 and RT -9 Districts. (b) The diameter of such antennas shall not exceed fifteen (15) feet in all other districts. 4. Height (a) Ground - mounted antennas shall be limited to a maximum height of eleven (11) feet above grade in ail RS, RT -6 and RT -9 Districts and a maximum of fifteen (15) above grade in ail other districts (b) Roof- mounted antennas shall be limited to a maximum height of fifteen (15) feet above the roof. 2 5 Setbacks Ground- mounted satellite antennas in the most extended position shall conform to the following minimum setbacks: (a) i. Rear and Side In all RS, RT -6 and RT -9 Districts fifteen (15) feet and in all other districts, rear and side setbacks shall be provided as are required for the principal building on the building site. ii. Setbacks from Power Lines Satellite antennas or any appurtenances thereto, shall be located not less than eight (8) feet from any powerline over two - hundred fifty (250) volts (b) In no case shall such satellite antennas be located closer to the front or side street of a lot or building site than the main or principal building. (c) Where such a satellite antenna is_-._located on a building site which is fronting upon, two or more streets, the antenna shall maintain the same setback as required for the principal building along each such street. 6. Impervious Coverage The impervious coverage of such antennas shall be counted in computing the impervious coverage for auxiliary and accessory use structures located upon the building site. 7. Color Such satellite antennas and their appurtenances shall be non- reflective black`, green or the same color as the wall to which it is attached (if not freestanding) and, to the extent possible, shall be compatible with the appearance and character of the neighborhood 8. Number Permitted Only one (1) satellite antenna shall be permitted for each principal building. 9. Installation (a) The installation or modification of all satellite antennas shall be in accordance with all applicable construction and safety codes and procedures and shall' meet the requirements of the South Florida Building Code. (b) Roof - mounted antennas shall be anchored to the roof and shall conform with the requirements of the South Florida Building Code. (c) All antennas and appurtenances shall be so constructed and 'installed so as to withstand the forces due to wind pressure as provided for under the South Florida Building Code, and all applications shall include signed and sealed drawings by a professional engineer. 3 10 Maintenance Such satellite antennas, appurtenances, landscaping and screening shall be kept and maintained in good condition. 11. Existing Antennas All antennas installed prior to August 21 1990, must be brought into compliance by February 18, 1991'(_180 days). In order to appear before the E.R.P B., each ;property owner of land where an existing antenna is located must provide a certified statement from a professional engineer that the existing ` antenna does conform to the South Florida Building Code and would not be an undue hazard to the community of the City of South Miami. 12. Permit Required All satellite antennas located in the City of South Miami, Florida, must have a permit. (B) MICROWAVE ANTENNAS: That plans of such microwave antennas shall be submitted with each application for a building permit, which shall include a site plan drawn at a scale no smaller than 111= 201 -011 indicating the diameter, screening, location and setbacks from property lines and edges of building, a mounting detail drawn at a scale no smaller than 1/2" 1' -0" indicating the height, color and method of installation of the antenna and that such plans 'shall be subject to approval by the E.R'.P.B. and that such microwave antennas' shall be subject to the following standards: 1. Location In commercial districts only, roof - mounted microwave antennas shall be permitted, provided, however, that such antennas shall not be visible from the ground. Screening from ground- view may be provided by -a parapet or some other type of masonry wall or screening. 2. Diameter The diameter of such microwave antenna shall not exceed five (5) feet. 3. Height Roof - mounted antennas shall be limited to a maximum height of ten (10) feet above the roof in their most extended position. 4. Setbacks (a) Roof - mounted microwave antennas, in their most extended position, shall conform to the setback requirements for the principal building on the building site. (b) Microwave antennas or any appurtenances thereto, shall be located not less than eight (8) feet from any power line over two hundred fifty (250) volts. 4 5. Color Microwave antennas and any appurtenances shall be white or shall be the same color as the surface to which they are attached. 6. Number Permitted Only one (1) microwave antenna shall be permitted for each principal building. 7. Installation (a) The installation or modification of microwave antennas shall be in accordance with all applicable construction, safety codes and anchoring procedures and shall meet the requirements of the South Florida Building Code. (b) The microwave antenna and appurtenances shall be constructed and installed so as-to-withstand the forces due to wind pressure as provided in the South Florida Building Code, and all applications shall include signed and sealed drawings by a professional engineer. 8. Maintenance Such microwave antennas, appurtenances and screening shall be kept and maintained in good condition. 9. Existing Antennas All antennas installed prior to August 21, 1990, , must be brought into compliance by February 18, 1991 (180 days). In order to appear before the E. R. P. B. each property owner of land where an existing antenna is located must provide a certified statement from a professional engineer that the existing antenna does conform to the South Florida Building Code and would not be an undue hazard to the community of the City of South Miami. 10 Permit Required All microwave antennas located in the City of South Miami, Florida, must have a permit. 5 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 affect the validity of the remaining portions of this ordinance. Section 6. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 7. This Ordinance will take effect immediately at the time of its passage. PASSED AND ADOPTED this day of 1990. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 6 _ -_ F ORDINANCE NO. AN ORDIWNCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO PROVIDE A SPECIFIC DEFINITION FOR SIGN, MENU BOARD; AMENDING SECTION '20 -4.3 (I)(3) PROVIDING FOR A MINIMUM FRONTAGE REQUIRED FOR DETACHED SIGNS, REGULATING THE SIZE OF DETACHED SIGNS, AND PROVIDING FOR MENU BOARD SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission desire to make provisions to allow menu board signs in conjunction with detached signs in the Land Development Code of the City of South Miami, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows: SIGN, MENU BOARD. Shall mean a sign with a listing of food and beverage offerings for drive -in patrons of fast food restaurants. Menu board signs may include microphones for customer use within the menu board 'sign structure. Section 2. That Section 20 -4.3 (I)(3) be amended as follows: (3) Minimum street frontage of one hundred (100) lineal feet is required; direct illumination permitted; reduced setbacks of ten (10) feet shall be permitted (for signs only) as follows: (a) One (1)_ sign per lot, not to exceed thirty -five (35) square feet in area or twelve (12) feet in height. (b) For shopping centers, two (2) signs not to exceed twenty five square feet in area each or twelve (12) feet in height. (c) One (1) menu board shall be permitted at a fast food restaurant, not to exceed thirty -five (35) square feet in area or seven and one -half (7.5) feet in height. 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 will take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1990. i APPROVED: i i MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 12 -5 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO PROVIDE AN OBJECTIVE DEFINITION OF OVERGROWN LOTS; AMENDING SECTION 12 -6 TO PROVIDE FOR NOTICE IN ACCORDANCE WITH CHAPTER 162, FLORIDA STATUTES; AMENDING SECTION 12 -7 TO PROVIDE FOR HEARING BEFORE THE CODE ENFORCEMENT BOARD IN ACCORDANCE WITH CHAPTER 162, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of South Miami, Florida presently contains provisions prohibiting overgrown lots and the enforcement of those provisions in sections 12 -5 through 12 -5; which sections were first enacted in 1950, and WHEREAS, in 1980, the State of Florida enacted Chapter 162 of the Florida Statutes "The Local Government Code Enforcement Boards Act" providing inter- alia for organization, enforcement procedure, conduct of hearing, and notices of municipal Code Enforcement Boards, and WHEREAS, the Mayor and City Commission wish to adopt the provisions of Chapter 162 to govern the enforcement of these sections of the Code and to provide an objective standard as to the determination of overgrown lots, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 12 -5 of the Code of Ordinances of the Citv of South Miami, Florida, be, and hereby is, amended to read: Sec. 12 -5. Overgrown Lots Defined and Prohibited. It shall be unlawful for any owner or owners of any lot, parcel or tract of land within the City to permit weeds, grass, or undergrowth to grow thereon or on adjacent swale area to a height of twelve (12) inches or more from the around; or to permit rubbish, trash, debris, dead trees or other unsightly or unsanitary matter to remain thereon; or to permit the existence of depressions or excavations or anv other condition on i such premises wherein water may accumulate and stand in such manner or fashion as to make possible the propagation of mosquitoes therein. Section 2. Section 12 -6 of the Code of Ordinances of the Citv of South Miami, Florida, be, and hereby is, amended to read: Sec. 12 -6. Enforcement Procedure and Notice. The enforcement procedure for the aforesaid section, including notice of violation, shall be in accordance with that set forth in Chapter 162, Florida Statutes. Section 3. Section 12 -7 of the Code of Ordinances of the Citv of South Miami, Florida, be, and hereby is, amended to read: Sec. 12 -7. Conduct of Hearing Hearinas for violations of Section 12 -5 shall be in accordance with that set forth in Chapter 162, Florida Statutes. Section 4. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith be, and the same hereby are, repealed. Section 6. 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