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04-04-89AMENDED OFFICIAL AGENDA TY Of SOUTH MIAMI 6130 Sunset Drive Next Resolution: 30 -89 -8010 Next Ordinance: 7-89 -1420 REGULAR CITY COMMISSION MEETING Next Commission Meeting: 4/18/89 APRIL 4TH, 1989 7:30 P.M. A. Invocation B. Pledge of Allegiance to the Flag of the United States of America C. Items for Commission Consideration; 1. Approval of Minutes A)Special'City Commission Meeting of March 28, 1989 B)Special City Commission Meeting of March 30, 1989 2. City Manager's Report 3. City Attorney's Report ORDINANCES - 2ND READING AND PUBLIC HEARING.:. 4. An Ordinance amending Section 2 -2.1 (m) (1) (i of the Code of 3/5 Ordinances of the City by providing that all Ordinances and Resolutions which require Public Hearing be advertised ten (10) Mars prior to the Hearing. "Discussion and vote deferred from. March 21st, 1989, Special City Commission meeting. (Commissioner McCann) /7 5. An Ordinance g ran t -ing a Re- zoning of property from C -1, Neighborhood 3/5 Commercial to C -0, Commercial Office, on property fully , described therein. (Commission - Planning Board) 6. An Ordinance amending Chapter 5 *ofeVCode of Ordinances by 3/5 creating Article II, entitled "Pit Bull Dogs" consisting of Section 5 -7, "Legislative Intent Section 5 -8, "Definition of Pit Bull Dogs Section 5 -9, "Liability insurance or other evidence of Financial responsibility required to be ma- intained by owners of Pit Bull Dogs ",Section 5 -10, "Confinement Pit Bull Dogs Section 5 -I1, "Registration of Pit Bull dogs ", Section 5 -12, "Enforcement Section 5 -13, "Notice of Keeping of Pit Bull Dogs ", Section 5 -14, "Penalties "; providing for severability, and an effective date. (Vice -Mayor Schwait) RESOLUTIONS: 14, ", k-\ C/(� /�'i *7, A Resolution granting a waiver of plat on orooerty legally described as the North 110 Feet of West 396 Feet of North 112 of SE 114 of SE 1/4 of NE 1/4 less West 25 Feet and less 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, South Miami, Florida. 3/5 * (Public Hearing) 8. A Resolution rescinding prior Resolution Number 33 -84 -5089 A which 3/5 required all Agenda Items to be read by the City Clerk. F() + I (Commissioner McCann) 9. A Resolution to purchase computers for the Police Department. 1 P — o I7--(Administration) �q 10. A Resolution to purchase equipment for the Police Department. (Administration) V, 3/5 3/5 j r REGULAR CITY COMMISSION MEETING APRIL 4TH, 1989 PAGE 2 Resolutions Cont'd: 11. A Resolution initiating an Amendment to the City's Adopted Comprehensive Plan, such Amendment to be the designation of general retail uses on property designated currently as low Intensity Office. (Mayor Porter) 3/5 * This Resolution was duly published but inadvertisely left off the Agenda. % REMARKS /APPEALS: I. A Resolution denying an Administrative Appeal from a , decision of the Administration regarding a Building ..� Permit Fine for property located at,,�701 S.W. 49th St. II. A Resolution denying an Administration Appeal from a decision of the Administration regarding a Building Permit Fine for property located t 7010 S.W. 64th Ct. - III. A Resolution nyi an Administration Appeafrom a decision of the Administration regarding a Building Permit Fine for a property located at 6262 S.W. 72nd St. IV. A Resolution denying an Administrative Appeal from a p*AA-11 decision of the Administration regarding a Building Permit Fine for property located at 7850 S,W, 67th Ave. TABLED ANDtOR DEFERRED None NOTICE IS HEREWITH GIVEN TO ALL INTERESTED PARTIES THAT IF ANY PERSON SIHOILD DECIDE TO APPEAL ANY DECISION MADE AT THE fORTHCOYING NMEETING FOR WHICH THIS AGENDA CONSTITUTES NOTICE, SUCH PERSON WILL NEED A RECORD OF THE iROCEiDItiGS CONDUCTED AT SUCH MEETING AND FOR SUCH PURPOSE MAY 'TEED TO ENSURE r' A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORCS INCLUDES Tur TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO GE CASED. ORDINANCE NO. AN ORDINANCE OF THE KkYOR AND CITY COMMISSION OF TEE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2 -2.1 (m)(1)(i) OF THE CODE OF ORDINANCES OF THE CITY BY PROVIDING THAT ALL ORDINANCES AND RESOLUTIONS WHICH REQUIRE PUBLIC HEARING BE ADVERTISED TEN (10) DAYS PRIOR TO THE HEARING. WHEREAS, the City of South Miami has code and charter provisions regarding pz1ic notice for adoption of Ordinances and Resolutions which requir_ public hearing; and WHEREAS, the C1:�j wishes to amend a code section regarding this subject in order to bring this section into conformity with other provisions regarding the time requirement. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY C SOUTH MIAMI, FLORIDA: Section 1. T�,at Section 2 -2.1 (m) (1) (i) of the Code of Ordinances is hereby age--ded as follows: (i) The City clerk shall place a Legal Notice of such public hearing on any resolution requiring a Public hearing and on proposed ordinances passed at ii =st reading in a newspaper of general circ:,atior in the city. Such publication shall be a= least seven (7) ten (10) days prior to the date c; the public hearing. PASSED AND ADO_ i =D this -__ day of , 1959. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS T- FORM: CITY ATTORNEY sm \amend221 /ord Y ORDINANCE NO. AN ORDINANCE OF THE KkYOR AND CITY COMMISSION OF TEE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2 -2.1 (m)(1)(i) OF THE CODE OF ORDINANCES OF THE CITY BY PROVIDING THAT ALL ORDINANCES AND RESOLUTIONS WHICH REQUIRE PUBLIC HEARING BE ADVERTISED TEN (10) DAYS PRIOR TO THE HEARING. WHEREAS, the City of South Miami has code and charter provisions regarding pz1ic notice for adoption of Ordinances and Resolutions which requir_ public hearing; and WHEREAS, the C1:�j wishes to amend a code section regarding this subject in order to bring this section into conformity with other provisions regarding the time requirement. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY C SOUTH MIAMI, FLORIDA: Section 1. T�,at Section 2 -2.1 (m) (1) (i) of the Code of Ordinances is hereby age--ded as follows: (i) The City clerk shall place a Legal Notice of such public hearing on any resolution requiring a Public hearing and on proposed ordinances passed at ii =st reading in a newspaper of general circ:,atior in the city. Such publication shall be a= least seven (7) ten (10) days prior to the date c; the public hearing. PASSED AND ADO_ i =D this -__ day of , 1959. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS T- FORM: CITY ATTORNEY sm \amend221 /ord r SPECIAL =-T CCISSION MEETING MAJ.--7H 21 ST, 1989 The Regular City Cc— fission meeting of March 21st, _9E9, vas called as Special City C_-, fission meeting as Mayor Porter expected to be late due :c a prior obligation and Commis_ Winer Cathy McCann was undergc:n_ surgery. The meeting was cafe to order at 7:30 P.M. by Vice - -Mayor Schwait. Those in attends ze were: Mayc- sorter (arriving later) Vice -'!wor Schwait Comm:s =loner Brown Commis_ioner Launcelott Commissioner McCann =s recovering from surgery at Dcc torE Hospital and not present a, the meeting. Also in attendance .e -e: City Manager Hampton, Finance Director Ali, Acting PIP_--_ng, Zoning & Community Development Director Lama, Administrat_ve Assistant DeJesus, Public ije -ks Director McGuire, Police C -ief turner, City Attorney Dell:aglor_a and City Clerk Nayman. Vice -Mayor Schwait __ =need the meeting with a moment c r silent prayer, asking et =--Dne to include Commissioner McZ_=nn in their thoughts and prayc--_, fo_lowed by the Pledge of A1'_e =iance to the Flag of the Unite= states of America. Vice -Mayor Schwait = sounded that starting with toniz-�at's meeting the South Miami =__v Commission meetings will be broadcast live from Sout= City Hall. These will N show- on Cable Television Stat_c_ 5 and are filmed by Fellowsh_ Hou-ze- This should be beneficia_ _o t?-ose who are scheduled to a::D_ear at the meetings as well as _- -se who wish to speak under th "Remarks" section of the e_enda. Vice- Mayor Schwait i.- lained to those present that YS—wor Porter would be,arriving a_ the meeting late and Commiss_c -er McCann is not able to at_e =d. Any items that need a 4/5 affirmative vote of the "c-- --^ission cannot be heard at th tims and those who need a 3/5 a=firmative vote of the Conmiss:c7n mar defer to a full Commissi -n as they would need an affirmative v =te from each Commissioner p-e-ent at this time. Vice -Mayor Schwait se--t regards from the Commission to Commissioner McCann wist_n_ her a speedy recovery. r ORD NANCES SECOND READIN AND PUB11-3C HEARING (COSTINUED) #5 ORDINAL ` NO AN ORDINANCE AMENDING SECTION 2 - 2.1 ( M) (1) (i) OF THE OF ORDINANCES OF THE CITY ?Y PROV 2)ING THAT ALL ORDINANCIS AND RESOLUTIONS WHICH REQ—'_—_RED PUBL:C HEARING BE ADVERTISE TEN (10) DAYS PRIOR TO THE FEARING. Moved by Vice -Mayor Sc:_«ait, seconded by Conmissioner Brown, this be considered the secccd and 'fi -nal reading of the ord:m.a:nce are it be adopted as read assigned the next number by tle City Clerk. Vice -Mayor Schwait anr,:,-.�-nced that Commissioner McCann, sponsor of the ordinance, h__ asked that discussion by the Commission and the vote on t'-!e ordinance be deferred until sh,e is present at the meeting. Vice-Mayor Schwait deemed public haa=ing to be in session and requested anyone wishing to speak for ar against the ordinance to please step forward to be heard at tz�iis tine. No one wished to speak arced the public heaving was deemed closed. Moved by Commissioner 3r-own, seconded by Commissioner La•:fcelott, the discussion _.­d vote on this ordinance be deferred Motion passed 3/0: V'-::e-Mayor Schwait, yea; Commissic -e= Bro-.-1, yea; Commissioner La= _elott, yea (Mayor Porter and Commissioner McCann absent). RES"21UTIONS: #6 RESOLUT105 N0. 26 -E9 -8006 A RESOLUTION _DESIGNATINI GRACE L ALI AS CITY FINANCE DIRECTOR AS AN AUTHORI= SIG "A'" ORY ON ALL Wa ACCOL?,_5 OF THE CITY EFFECTIVE MAR---!--- 20, 1 9_;�9 . Moved by Conn_ssioner 3rwn, seconded by Connissioner La n celott, the resolution '_e adoptef and assigned the next number by the City Clerk. Motion passed 3/0: Vier"%'ayor Schwait, yea; Commissioner Brcw -n, yea; Commissioner La- =-= elott, yea (Mayor Porter and Comm= - ssioner McCann absent). SC: -5- 3/21/89 rjn R � f ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING A RE- ZONING OF PROPERTY FROM C -1 , NEIGHBORHOOD COMMERCIAL TO C -0, COMMERCIAL OFFICE, ON PROPERTY LEGALLY DESCRIBED AS: THE NORTH 93.0 FEET OF THE SOUTH 293.0 FEET OF THE EAST 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 25; TOWNSHIP 54 SOUTH, RANGE 40 EST, LESS THE EAST 205.0 FEET AND THE WEST 125 FEET OF THE SOUTH 200 'FEET OF THE EAST 112 OF THE SE 1/4 OF THE SE 1f/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, LESS THE SOUTH 50 FEET, A /K /A 6233 S.W. 72ND ST., SOUTH MIAMI, FLORIDA WHEREAS, the applicant has requested a zoning change from C -1 to C -O, pursuant to the City's adopted amended comprehensive plan land use designation; and WHEREAS, at a public hearing on November 15, 1938, the City Commission voted 5 -0 to grant the amendment to the comprehensive plan. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a request to re -zone from a designation of C -1 to C -0 on property legally described as: The North 93.0 feet of the South 293.0 feet of the East 1/2 of the SE 1/4 of the SE 1/4 of the SW 1/4 of Section 25 Township 54 South, range 40 East, less the East. 205.0 feet and the West 125 feet of the South 200 feet of the East 112 of the SE 1/4 of the SE 1/4 of the SW 1/4 of Section 25, Township 54 South, range 40 East, less the South 50 feet a /k /a 6233 S.W. 72nd St., South Miami, Florida. is hereby granted PASSED AND ADOPTED this day of , 1988. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY CRU of Smth Miami PLANNING BOARD NO110E OF PUBLIC HEARING On Tuesday, February 14, 1989 at 7:30 PH in the City Com®issloa Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter: PB -89 -002 Applicant: Mayor and City Commission Request: Location: Legal Description: of the City of South Miami Rezoning of property from C -1, Neighborhood Commercial, to C-{:, Commerical Office. 6235 S.W. 72nd Street The North 93.00 feet of the South 293.00 feet of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Sectior 25, Township 54 South,' Range 40 East, less the East 205.00 feet. AN D The West 125.0 feet of the South 200. feet of the East 1/2 of the Southeast 1/4 of the Southeast 114 of the Southwest 1/4 of Sectfor 2:5, Township 54 South, Range 40 East, less the South 50.00 feet. 7U ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH Ef =mPECT J ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORZ CIF THE aOCEEDIHGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE V'00 EDINGS is MADE# WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH T)4E Aa''F£AL TO BE BASED, (F. E• 286. 0105) HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET ORtN£0, SOUTH FLORIDA, AT THE TIME AND DATE STATED ABOIVE. ITERESTEO PARTIES ARE URGED TO ATTEND. 08= sECTIONS OR EXPRESSIONS OF APPROVAL MA-t, 3iC MADE 'SON AT THE HEARING OR FILED IN WRITING PRIOSt TO OR AT THE HEARING. THE BOARD RESEi2x'E-�- THE 'O RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTE;tILST FOR EA INVOLVED. THE BOARD'S RECOMMENDATION CN THIS MATTER WILL BE HEARD BY THE CITF C MMISSION aTURE DATE. INTERESTED PARTIES R£OUESTING- INFORMATION ARE ASKED TO CONTACT THE - FF-10E OF THE DIRECTOR BY CALLING 687 --SG91 OR BY WRITING. REFER TO HEARING NUMBER WHEN �&kKING R Y. • _ ?"" a•^Yti ' . >S. i',. •-_n '4-[ _ 9. 'i3 ¢^` C. Z r` .. n e. . t 'c `!" _L•�r °a - 'Y a .1' `.., . AL (14'7 ?n �.ti•� = 7 037 7 ©5 71C AIV k .. 1►' so' 6x 42.5' 3S @ ' 32 Ac V .32 qv 67f3 ur 0 qo � s� { �� r• ' 6250 iG 6240 14 X ap it - , '� -• 3 14 • 7220 -30.32 7 7221 ;��•;� 7240 s;@6/ ilk APPLICANT: Robert E. Chisholm / Bettina Dick OWNER: Robert Chisholm / Bettina ic w*, P REFERENCE: 6235 Sit Drive CCMWNTS : Minge the Lard Use Designation fran Retail/Service to Office use. *.�Q� Scalel Date. ..1Za 1987 . Drn....Chk..... Hearing No.�w$7•-« 1.1 G tESN 0LAA ..'-•. '+r '' `t _. Sr' -tom • .+ swam `• ,k� Z 4` n s " '� ... � ,t ♦ +.• r - P. y r : �+ !\ 1• r:Y• '•fit`.. ,_• _ . Y`•• .'ts s _- M'• +1''~�`'ae �:� '- 1�,Lte tr i s+', C 4_-.�.•�: .. ►, .'t • .F. Vie° � -a, ♦ r c+ .,. � = .,� f a !. • ; .. ( 1i . , ►. �'. `_ i •4: it .: � r t, a 'a 1 ! - t ' t nRe�r MATTES REGULAR MEETING OF THE PLANNING BOARD City Commission Chambers Tuesday, February 28, 1989 7:31 PM Presiding: Thomas Cooper, Chairman Secretary: Shaleen Pinero A. The meeting was called to order by Chairman Cooper at 7:30 PM and was followed by the Pledge of Allegiance to the Flag of the United States of America. B. Roll Call. Present (Constituting a quorum) Absent Larry Ligammare Manuel Gutierrez, Jr. Susan Kraich John Andrews Neil Carver Thomas Cooper Also in attendance were Soheila Goudarzi, Planner and Sonia Lama„ Acting Director, Building and Zoning. C. Public Hearings. PB -89 -002 Applicant: Mayor and City Commission of the City of South Miami. Request: Rezoning of property from c -a Neighborhood Commercial, to C -0„ Commercial Office. Location: 6235 S.W. 72nd Street Mr. Carter McDowell, Attorney for 7 -11 property spoke for this rezoning. No one appeared to speak against the request. Public Hearing closed and call for motion. Neil Carver moved to approve the request. Seconded by Larry Ligammare. VOTE: Approve: 5 Oppose 0 PB Meeting I 2 -28 -89 TO. room 5- � f city of South Miami INTER - OFFICE MBE. ANDUM Sonia Lama, AIA Acting Director, Building Zoning Soheila Goudarzi Planners o• °E . February 14, 1989 S- S-E=T: PB -89 -002 Rezoning from C -1 to C -O Applicant: Mayor & City Commission of the City of South Miami Request: Rezoning of Property from C -1, Neighborhood Commercial, to C -4, Commercial Office. Location: 6235 S.W. 72 Street Legal Description: The North 93.0 feet of the south 293.0 feet of the East 1/2 of the Southeast 1,4 of the Southeast 1/4 of the Southwest 1/4 of Section 25, Township 54 South, Range 40 East, less the East 205.0 feet. 1A;Is, The West 125.0 feet of the South 200.0 feet of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 25, Township 54 South, Range 40 East, less the South 50.0 feet. BACKGROUND According to the zoning map, the -SfR portion of the property @ 6235 is in "C -O" Zoning District and the South portion is in "C -1" Zoning District. According to the Adopted Comprehensive Plan, the property is designated as "Medium Intensity C1=fice (4 stories) ". 77he request is rezoning the south portion of the property from "C -1 to C -0" to comply with the aopted Comprehensive Plan On December 6, 1988, the Mayor and City Commission passed the first reading of the Ordinance and it should be placed for 2nd reading and Public Hearing after Planning Board Consideration and Recommendation. BUILDING, ZONING i COMMUNITY DEVELOPMENT STAFF REPORT ON REQUESTS FOR CHANGES OF LAND USE Ili 1981 COMPRERENcXVZ PLAN FEBRUARY 15 Date: February 3, 1988 Subject. Final Report PBA -87 -011 General Data Applicant: Robert Chishola /Bettina Dick Address: 6235 Sunset Drive Request: Change Future Land Use designation fro: "retail service" to "office ". Explanation 1. The Applicant is proposing to change the future land use designation of a piece of property located at 6235 Sunset Drive from 'Retail /Service' to -office' use. A 7- Eleven store along with other offices are located, now, at the 1- story building on this property. 2. Should the change be approved, the Applicant will request a change in Zoning from "Neighborhood Commercial District" (C- 1) to "Commercial Office" (C -0) and build a 6 -story office building with a parking structure in the back of the parcel. The 7- Eleven store would be preserved and the building would be 'lsuilt over the store. Analysis 1. Commercial Office zoning -for this parcel would increase the allowed building from the present C -1 zoning height of two stories to building a height of up to 8- stories. 2. The parcel is located within the planning area 4 of the Comprehensive Plan, which_ is "essentially single - family in character" and "has a mixture of other uses. All of these uses are situated on the periphery of the area along Sunset Drive and 62 Avenue." (Page L -21 Coap.Plan). 3. According to the Comprehensive Plan (Page L -21, L -22) "During the decade of 1969 - 1979, several major changes occurred to somewhat alter the established character-of this area." -The office use was increased _lit tbls-- period4,rom �,,F-- scres-to * -Sie-° acres or 871.42. In the same period, the Retail /Service category remained unchanged at 2.3 acies. 4. The NW corner at the 62 Avenue and Sunset intersection is not mentioned as an issue area in the Plan. The'fature land use development policy defines Commercial Office use as that located nearer the downtown area (L -47). Regarding the potential changes in land rise, the Plan proposes a 42Z decrease in Office /Financial use for the City = (L47,L -68)). A r A - y 1 7/0 h Plannin M•:ard Proa � S. FAR Calculations. Deveia cent under current land designation and cousin (C -2 }. PIPS FAR .&T AFITA psi, 6- `5 $ Develo sent under proposed land desi natiazs and zoning (C -4) !1 q.oa $ 4-SS rS Q +�1 r � V "" ^•� sti. ' - .- _. ... .;�f� S. ,S..aY: tt .- i .vl ,- Ysf'"`�'`' -' ....iji ..~f^:. :♦ - I 1 I f Page 2 of 2 ANALYSIS: The purpose of "C -0" Commercial Office Zone is to permit uses which will accommodate professional and business office space needs in a relatively intensive centrally located ma: -inter. The purpose of " Medium - Intensity Office" land use is to permit mainly office uses and some commercial uses which serve office uses. In this category, retail can be permitted on the first floor as a conditional use also. RECOMMENBA`ION Since the property is designated as "Medium. I=ntensity Office" the South Portion of it should be rezoned fron G -1 to C -0 to comply with the adopted Comprehensive Plan. Staff recommends approval of the request. Recommendation The 1981 Comprebensive Plan indicates the intention to decrease the use of land for Commercial Office withia the City. The Applicant's request is contrary to the intentions of the Plan, and they have not demonstrated any changes or circumstances in the community supporting their request. Staff recommends denial of this request. Prepared by: Danilo Lopez, Planner Reviewed by: Marien Aran- Spinrad, Director, Building, Zoning aad Community Development /am 6 RENOTICE -OF PUBL-KC?FEARI Or Taesday, . April 4th, 1989 at 7:;- w M. in the City Commission Chambers, the City Commission of the City of South Miami will conduct a Publ=c Hearing on the fol%wing matter: PB- 88 -CZE Applice t< Mayor and City Commiss?cm Request: Rezoning of property frc'm C -1, Neighborhood Commercial to C -0. Commercial office. Location: 6235 S.W. 72nd Street Legal --es.cription: The North 93.0 feet o= -be South 293.0 feet of the Eas_ 7/2 of the Southeast 1/4 of the ctheast 1/4 of the Southeast 1/4 r Section 25, Township 54 South, Ra74= 40 East, less the East 205.0. AND: The West 125.0 feet c' .he South 200.0 feet of the East 1/2 the Southeast 1/4 of the Southeast -!� of the Southwest 1/4 of Section 25, Tcv -ship 54 South, Range 40 East, less -,- South 50.00 feet. lo.� are hereby advised that if -aiy person desires to apaeal any decision made with respect- to any matter consi -.eyed at this Meeting or Hearing, such person will need i record of the proceedings, and f::r such purpose may need to ensure that a Verbatim Re-,,-d of the proce dings is made, which record "inc'imles the testimony and entente upon which -.the appeal is bised. '4blic Hearing will be held in tie Commission Chambers at the City Hall, 6130 Sunset give, South Miami, Florida, at the time and date stated ibve. All interested parties are urged tD attend, objections or ex_ressions of approval may be made in person at the Heari"�c or filed in writing prior to --r at the Hearing. Interested parties requesting inforamatiDn are asked to conta t the office of the City Clerk 5E7-5691 or by wri tine. ROSEMARY J. NA MAN CITY CLERK E ORDINAW-= NO. AN ORDINANCE OF '_='E CITY OF SOUTH MIAMI AMENDING CHAPTER I !F THE CODE OF ORDINANCES BY CREATING ART3=,i II, ENTITLED "PIT BULL DOGS ", CONSISTING = SECTION 5 -7, "LEGISLATIVE INTENT ", SECTION = -i, "DEFINITION OF PIT BULL DOG ", SECTION 5 -S� "LIABILITY INSURANCE OR OTHER EVIDENCE r7 RESPONSIBILITY REQUIRED TO BE MA:'? INED BY OWNERS OF PIT BULL DOGS ", SECTION S -; "CONFINEMENT PIT BULL DOGS ", SECTION 5- "REGISTRATION OF PIT BULL DOGS ", SECTION 5 -'2T "ENFORCEMENT -, SECTION 5 13, "NOTICE OF ,aEE ='ING OF PIT BULL DOGS ", SECTION 5 -14, SsYALTIES "; PROVIDING FOR SEVERABILITY,ANDI-V EFFECTIVE DATE. WHEREAS, dogs commonly referred to as "Pit Bulls" were for centuries developed and sel c:ively bred for the express pr-_--pose of attacking other dogs or 7_ . er animals such as bulls, bea.rs or wild hogs; and WHEREAS, in developin_ a dog for this purpose, certain traits were selected and maximized by controlled breeding, inrlu=ing extremely powerful jaws, high insensitivity to pain, er_reme aggressiveness towards other animals, and a natural tend=___ to refuse to terminate an att -__� once it has begun; and WHEREAS, in addition __ statistical evidence that F :_ S ull Dogs have a greater prop__;_ty to bite humans than al-' _her breeds, there exists ov r- telming evidence in the f :,g of individual experiences, that the Pit Bull is infinitely aore dangerous once it does attack. and WHEREAS, the Pit Bull's z_ssive canine jaws can crush a =_tim with up to two thousand (2,2 pounds of pressure per squa,a z-ch, three times that of a German Shepherd or Doberman Pinshcer, taking the Pit Bull's jaws one of strongest of any animal; and WHEREAS, after cons id= r _at ion of the facts, the Mayor e:-S -ity Commission of the City of, S:uth Miami has determined t'a_ the following Ordinance is rea__- =_h le and necessary for the przs_-_ion of the public health, saf = -nd welfare. NOW, THEREFORE, BE .DAINED BY THE ?-MAYOR AND E =wTY COMMISSION OF THE CITY OF =`."H MIAMI, FLORIDA: I , Section 1. That Chapter Five of the Code of Ordinances ._ _--:e City is hereby amended by a__ing an Article II entitled 'F z -jLL DOGS" consisting of Sectl=S 5 -7 through 5 -14 within Chal a_ 5 "Animals and Fowl" of the City cf South Miami Code of Ordinance_. w�_)ich shall read as follows: "ARTICLE II. PT BULL DOGS" Sec. 5 -7. Legislative inte .-t. This Article is intended. t- :- tilize the authority and pev=__=- c the City of South Miami in crd =_r to secure for the citizens __ tais City the protection of t'e -r health, safety and welfare. __ is intended to be applicable tz dogs which are commonly refer =? t -o as "Pit Bulls" and which are defined herein. This Articles is designed to regulate these Piz Sull Dogs and to ensure responsitle handling by their owners thro�h registration, confinement, viability insurance. The unique history, nature a=: c_,aracteristics of Pit Bull Z,ocs have been determined to rec_:.=_ t,:e special regulations and =r-visions contained within ° Article which the City Co_, =i_ hereby finds reasonable_ - _cessary. Sec. 5 -8. Definition of Bull Doc. (a) The term "Pit Bull Cce' as used within this Article refer to any dog whict exhibits those distinguist-- -t aracteristics which: (1) Substantially to the standards establish -v by the Ameri =are Kennel Club for Aneri Staffordshire Terriers or Staffordshire rc_-a Terrier; or (2) Substantially c='ff =rat to the standards establis't -_ by the United Ienzel Club for American Pit : Terriers. (b) The standards of the 1_serican Kennel Club and the Ura-__=-_ Fennel Club referred to in par_ =ra:h (a) above, are attached. her=__ __ "Exhibit A" and shall rea- u- file with the Police departre-= yr the City of South Miami. (c) Technical deficie njx--s in the dogs' conformance t_ standards described above shaft :: -t be construed to indica -e __.e subject dog is not a "Pi r::id Dog" under this ordinanwe. L 5 -9. Liability insurance other evidence of financial responsibility require: :-_ be maintained by owners of Pi-- Bull Dods. In order to protect the per__ and to afford relief from th=_ _re harm and injury which is = - -:ely to result from a Pit Bul- _= attack, every owner of a Pit Sz.__-1 Dog shall (at all times tha: she owns the dog), provide ev_ :_rjce of financial responsibilit_ ability to respond in dama_ tz- zo and including the amount c_ x.00,000 for bodily injury tc ZZ Ileath of any person or person: :r for damage to property owr._z --y any other person which ma ult from the ownership, ke, or maintenance of such doc of ability to respond in iamages shall be given by filin: _h the City a certificate of -_z.-:7 � ante from an insurance compan_ __ __horized to do business in tom_ —ate stating that the owner i =_ �__ will be insured against to respond in such damages ._ by posting with the City _ __..-ety bond conditioned upon tit ._ -rent of such damages during period of such registration c_ er equivalent evidence of f___cial responsibility such as _sonal bond secured by a mor= in real property or securit_ ._merest in personal property. Sec. 5 -10. Confinemen-i _= Pit Bull Dogs. (a) Because of the Pit Bul___­g's inbred propensity to attar_ _irer animals, and because of danger posed to humans an' =mals alike by a Pit Bull when running loose or whil: --__.ping together in a pack si *_ - -_ . on, Pit Bull Dogs must at a?= ices be securely confined ind :___ or confined in a securely ari -_-ally enclosed and locked F_: with either a top or with a- za-es six (6) feet high. (b) At any time that a Bull Dog is not confined a= __ :uired in paragraph (a) above, i-::e dog shall be muzzled in s.:__ r;anner as to prevent it frig ling or injuring any person ; -- mal, and kept on a leas=_ the owner or custodian d_ :__endance. 6) c) An exception to this se- - -:n is hereby provided for any F '-mull Dog in attendance at, a,.Z _= articipating in, any lawful dc. show, contest or exhibiti: sponsored by a dog club, as=<<iation, society, or similar c_= anization. (d) An exception to this is hereby provided for any Pi: Eull Dog when the dog is ac -_a-ly engaged in the sport of ht.:_-c_ng in authorized areas and s:,-_ -vised by a competent person. Sec. 5 -11. Registration r' =it Bull Dogs. (a) In order to assure that c:;.:mers of Pit Bull Dogs are in ccr= =fiance with these requiremer -= and to assist in assuring ccx_ -iance therewith, every owner a Pit Bull Dog in the City of Sc_ Miami shall register the day w-ith the Police Department of tt= City of South Miami. The ___istration shall include the fc_ -wing: N =-e. address and telephone numbe- c_f the dog's owner; the address wtizt the dog is harbored, if diff__ nt from the owner's address a = :mplete identification of th- 4_�g including the dog's sex, c, =_=, and any other distinguishin.: _-ysical characteristics; proof cf -rbies vaccination, and procf c= the liability insurance cr e_a__ evidence of financial res_ -_- - bility required pursuant tc t_--s Article. (b) Newly acquired Pit Buz l -gs shall be registered with t`_ Police Department no later ti— seventy -two ( 72 ) hours after a _--z --sit ion. Sec. 5 -12. Enforcement. It shall be the duty and resvc- . .5ibility of all City of South M:aZa law enforcement officers t. _n_force the provisions of this FZ —: e. Sec. 5 -13. Notice of Kee = -_- of Pit Bull Dog. Upon the written complaint .y person that a person own: keeping or harboring a Pit _ _ Dog on premises in the City.. -lice Chief may forthwith ca -__ she natter to be investigate_ <f after investigation, the indicate that such person_. in the complaint, is in fa_° -_:_e owner or is keeping or harbor any such Pit Bull Dog in the =_sy and has not registered under -�z_s Article, he shall forthwith _,3 written notice to such persc= requiring such person to ei:.i=r apply for registration under_s ordinance or remove said from the City limits withi, —.ee days of the date of said ,_ - =ce. E__. 5 -14. Penalties. person who violates any prop:____:: of this Article shall, ups >n e_- :_ction, be punished by a fi :._ r_t to exceed $ 500.00 or by iiE;__s_nment in the County Jail n_: -: exceed sixty (60) days or b :----h such fine and imprisonment 'his ordinance shall not be Ce_i_; to be violated unless the =-__eged violator knew, or shou « r._ve known after a reasonable yiry, that the dog which is the s- -bject of the alleged violas___ is a Pit Bull Dog under the p_eFtsions of this Ordinance. ,:_on 2. All ordinances __ =arts of ordinances in corf: -_ _ .1aerewith or inconsistent h_r__ h are hereby repealed, but insofar as such ordinances xav be inconsistent or in conf:___ with this ordinance. . on 3. If any word, ...se, phrase, sentence, pa_a r__t or section of this ordinan__ __ held to be invalid by a cojr_ competent jurisdiction, sli_- i =claration of invalidity shalt affect any other word, use, phrase, sentence, para-z__ph or section of this ordinan=_ eztion 4. This ordinance be effective immediately upon p:=-, = -,age . P= SID AND ADOPTED this -- f _ , 1989. APPROV ` MAYOR ATTEST RE = 1_PPROVED AS TO FORM: CITY ar�P :NEY sm.p:_____.ord (Q 5 RESOLUTION 30. A RESOLUTION Of TZE MAYOR A5 CITY COMMISSION C9 THE CITY OF SOUTH MIAMI, F".IDA, G A WAIVER OF PLAT ON PROPERTY LEGALLY DESCRISE= AS THE NCSe!!S 110 FEET OF WEST 396 FEET OF NORTH 1/2 OF SW 1/4 OF SE ;.'4 OF NE 1/4 LESS WEST 25 FEET AND LESS EAST ;60 FEET OF SECTION 30, TOWNSE=P 54 SOUTE, RANGE 40 EAST, :1-ZNG AND BEMPS IN DADE COUNTY, F-- ZRIDA, A /K /A 7611 S.W. 59TH ?YXNUE, SOUTT V—QAMI, FLORIDA. WHEREAS, -__ applicant '3s requested a .s-:. : er of plat and -he staff recomme- c.Lation is fo_ =approval; and WHEREAS, a public --Daring on January, 31, 1989, the Tanning Board vc-e- 3 -2 to grz- the request. NOW, TB -DRE, BE IT RESOLVED BY THE AND TBE CITY VOMMISSION OF THE =TY OF SOUT< `kIAMI, FLORIDA: Section That a wz —'ver of plat on r,nperty legally 3escribed as: The North 110 r--et of West :96 feet of North '/2 of NW 1/4 of SE 1/4 of 1--- 1/4 less Ws - 25 feet and less Mast 160 feet of Section 31, 'Township 54 South, Range 40 , lying and being in Dade aunty, Flor_:!a, a /k /a 7611 S.W. 59th Avenue, South Miami, i:c=ida. -ereby granted. PASSED AY-- ?SDOPTED this_ day of , 190. APPROVED MAYOR .�:TTEST ZITY CLERK BEAD AND APPROVE AS TO FORM: -ITY ATTORNEY sm \variancl.res AFPLZ�: ow NE R :.,,� if �N �. � AND -'A7 JA0, 9. V /AL7 NCE : U7 ! MAC' P lj # Compz s s MAP = 7 FOR Scale./— C C 4L�tE :'�• , t�/�91R Date. / - S. �,,; 5- C V 1 N` UL' �, PUWN jK VU gearing oft-M-025 i citu of soudi Miami tlk-OZ- OFFICE ivy ANDUM narien Aran- Spin_av ewTC: December 27, _588 ,rector, Buildiira. Zoning and Community De ;e= zpment M. : Sheila Goudarzi sw"c7r: PB -88 -025 ?=annex Waiver of pla_ Applicant:. Ragil Comstruction, luc- 3- quest; Approval of the subdivisf -w of the subjec: rroperty, vaivizF 'the regula: flatting proceei.-=_ Dcation: 7611 5.:. 59th Ave. ''gal Uescriptic_. _ North :1) feet of Vest = feet of North i.1_ of NW 1/4 of 51 1/4 of NE 114 less Vest 25 feet ass less East 160 feet of Section 30, Zmwnship 54 South, flange 40 East, 1-!=g and being - =a Dade County, F=a_ ida. Backtz round Appl__fnt has a contra__ to purchase Ore subject prope ='y and requ=_: =s approval of =--- dividing it n_o two lots vailf=g the regu:a- platting proc_-:,ures. Anal Ts,s ?_RENT TRACT _,_e parent tract _= 23,210 squa :e feet {211' x i_ =""), and plicant has a -:_d to dedicate 3orth 25 feet cf =he parent __act Which is = : =_h 25' of SW "6tb Street. '-_e net square :_____ of the parent tract after ee_ ration of z:rth 25 feet if :-,935 square Seat {211' x 85" i RC£L A Parcel "A" will t=7re `a frontage of 85 feet and z= lot area of 8,500 square := =_t. FiKEL B Ft: tel "B" will have a frontage of _­11 feet and net '-e- area c: 7--,435 square fee :. A:z_rding to an agree=ment between -me property owne_ as the �, -: ect property anz the property owner of the propt.:-w in t:e South East Corner of the subjt--= property ( 586= = -V. 76 S: : =_et), Thew will se 15' ingress End egress easearz_ on Eis _ side of Parcel 1. iU (Low- Density S- =Lrle Family %es_dential) Z:'4:NG REGULATION A:z:rding to the Zo-:-g Regulatioi if RS-3 District_ s_inimum 1:: area should be __:,000 square :e=t and ainimua 1:: f. ; -tage should be feet. L:_ Area has been d___ned as the =a1 horizontal a_= -a w--::.in the lot line_ =f the lot a2c Net Lot Area ha. Leo c=::ned as the lot =,ea less any ;exuired dedications and /or z: =ed "right -of -way ;:moths. G---N;RAL INFORMATION N; sidewalk is requ'r -ed for the siS=ect property. Ai existing single =ax:ily residep:e will be removed_ Recoma=_n ation The 1c: area of each tra =_ Is more thaz "--0,000 square f eem 'before dedica:_a of North25 fee: which satisfy the district regm7ation. Staff _e_ommend approval the reques_. The har:�s=ip is created by ordirar -ic* =self which was is=,---Tten for typL =al grids street :5-walk systems. John St:-zson, 6801 S. Ludt --x. spoke a3afz--- = the request, The Puhli= Hearing was cl----e3. Kr. Neil Carver asked what =!nie width is between wall and the s=eet and was =Id by Mr. Roth is s estina-ed 3= about 20 feet. BE said the proresal included sod :_ .h ficus vims instead of sidesw s. Motion :c�hn Andrews moved _`or apprc-.-al of the request. Kction failed for lack of a s-ecmded. 2nd Hot: =r_: Larry Ligaxa--= moved fcr 6- -n-ial of the reques`_ Seconder: Manny Gutierrez seconded the 3ic *ion. Discuss_ =r_: Nr. ' r�ci =e ms stated that be =- -- members a 2e mgt-by discussions this matter cr. ,act. 25. He is nding the B;a=d that the req'ae--= was approver at that time. Ee would Ii-ke tc know why is °.!:W---_ —e a reversal of the Boards pow .ion at this time. Manny Gz. tierre2 said he likes the plan aid at that time the ion wasi nade - %ointly. But it ed _extremely complicated to rate the two a.id he is totally in favor cf a s plan, but was air in favor of removing the sicl 7k. Ap; :'_ cant: Ragi l Cons-snction, Inc. Re:-_e�t Apprc:_- c the subdivision = the subje' pr_'pearty, waiving thew! ular platting Frccedure. Lo -- ion: 7611 S.W. 39 Ave. Description: North -_0 rat of West 395 =mot of North I!2 :�f NW 1/4 of SE 2 =f NE 1/4 '_e =_s Se.ztion 30, Tore-*t -_ 54 South, Razae 40 East, lyi-- and being in ram County, Flori =. Mr. Delt Puente signed and Planner :-ci:idarzi said t.hE-- staff recoraen s approval of west as it satisfies the ��rict PB Meet nq 3 12 -31-E_ requl'atio= cf lot frontage aze- lot area it PS -3 Zone. Additional-'r, or. ,#je survey, -_-te Applica -_ submitted a wain of plat for t right cf way in tte rear of tte lot. There is a� °may a right r way to the Wes`_ an easement giving access t. -be property :z the rear. Manuel GL-- erre2 asked Gouda�-zi if this event u-as counte! fpm the land reng computed to the lot Goudarzi said it was because t2ne regulatior foes not state onft lot area". It : motes • _ot area', rich by def 1i�i _ion is everythi2a mot included, e.g. •easement riot -of- way". "%"s is not a rem._ 5ed easement b_-_ an agreement be--men owners c:f both properties. Four resife--ts in the immed a-e neighborh_-cd approved befog- •_:he Board to ct`,ect to this proposal r' After muc: :aisci:ssion, it v—_ decided ttla= in this part_:=2 ar Instance, a waiver of plat --__-,.Dicedure is n= required. Also, wed upon the =:ze of the prope -r--y in questiz., there are no =dal grounds t deny approval c the reques-__ Chairperson 3=3ch reminded -use in attenda_-cx--_ that Plaru-Lmg Beard acts : an advisory tapacity so the final out come anf this item vrilll be determine:' ty the City Coxis2sion. MOTION Neil Carver moved t= approve the quest . Jcihn Andrews seccadied the motion_ VOTE: -]L-;-S>rove: 3 Oppose= 2 (Gutierrez, Ligaaaare APPI :: -=-nt: Mayor and Ci:'r Commission RequK Historic Des = =nation of Sylva -tin Building. Loca,:_:n: 6154 S.W. 71nd Ave. Susan Red-.;-'mg spoke on t__ of the pre-vat o- of the S`-Iva Martin Bu_:4-;ng as a Historf =-1 Landmark. Ris cited that a �--est was stage: wh_ch arch ite:7, -- ral students =_om FIZ submits re- designs c. =he city Hall, -mich included _3eas for land- ing taken from old photographs =f the struc-__=e . :b-* s, of c- se, encompasses -the Sy:va Mart_ Building, se-;:-g it off to a g =eat advantage. Mrs. Redd--_c intends to apr__ to have this wild nc placed the National Y�-ister of Histor Buildings at Mme future dates PB Meetinc 4 12 -31 -89 _ .,'c - - •;` r :`_ � = •,�Z'�,• Imo,.: __ -r _ , X �a�► �� �4� R�f� 9•i= E �. _ss- ins n TP-1 • ,,� ;'�$ gad p • �. `' n iii � �'� • �t.o.,y- :.�r�° tfit 1 zz ' # _ , ___ _ _ _ -. - .�- 'K -••• ---- - � `.` -� may- It i a a V �! he r, _ • 4 o'f{ C AV- ! ,s Dew 22, 1488. C;tt South Miami toning and . arv=1 ty Drn--�Iz.�ent Dept. 6:: X =reset Dr. S. Fl. 33143 RF.: North 110' t:. of the West 396' °:_ the North =)f the NW 1/4 the SE 1/4 of :.� NE 1/4, less the 25' ft. and :.ass the East :-C' ft. thereof. _n Section 36, Toy. 5 South, Ra.-j=E 40 East, Dade :':LMty, Florida. II)i_ = to inform yo•,.' :. �t the reason for -;be s;;bmssion of t!._s Waiver of P1 a= _ to resubdivich such land into two : .= in order to h;i=d a one fir'_ residential d ;=erg in each of thcse _mss. , Toe a3.-sting frame bx---'�fing will be demolisbed to make room f= the above mt -rr-f =ced purpose. R:-=--' :instruction, By: - .berto De la Pres. ;e:ember 19, 1988 __--y of South Miax: Board PE -88 -025 WiOM IT MAY COW x: __ zwners of the p_= arty located at 7E= 5 -W. 59th Ave----F-. _we, undersigned, do -e_ eby authorize Ram 1.anstruction, tic. _r apply for a wai-ssr of plat on above x_�-_doned property _- z is done pursuF_ _ to the impending _ of this prcp�-:? to -= �1 Construction. &mticipated to be early i-n .:a=ary _here is any quts- 'on about this au:x::7=_zation, please remel to contact ei -te= of us for clari_r --ion. -- =an R. Walton Tatiana i:a._= 828 -1254 (dam; (407) 875 ext. 264 (days: ti Sun Palm Drivr �ermere, FL 32-?c 876 -3933 (evts' =_ -- Larry ,Park!. Cimbrell Rw=as Carol Marr, :5 Sadler Associates -:^. Gilberto de ?_ Fuente, Ragil Cam — =- action, Inc. CITY OF Sf UMN— LICATION F CQ P JSLIC HEARING BEFORE PLANNING 80160 tvmw IN l APPLiCATIO+s &--S— &C COMPLETED ANN &C- TVftmtN WITH ALL SUPPORTING DATA TO THE OFFICE Of T- c MG OtRiCTOR PROCEEDINGS MAV OC STARTED POR ry LIHc tell. .ICApNNT �R+pfY AS %FWmERe TENAWN AI&C%T, `TG. SP;CseTv- IL L.ONS` l�lJt ", et' Iss$ Of APPLICvm - CITY STATT ZIP fttOat E. 28th. St- Hialeah FL. 33:- 1 836 -6024 ER Is•• Ti O"CRSNIR CW Pm@cPPMRTV OATAlkt* an R. Waltoc 'atiana E. Walt= Zum 28, 1977 RESS OP OwNEt CITY STATZ ZIP FHONt 1 SW. 59th. A—x_ , South Miami FL. 3''_= pROPL'RTV OPTIC& Oc CONTRACT fOR IiURti.AS.E1 MORTGAGEEeS AND ADDRESS YES NO NOM ►PPLICAAtT IS -IC' ��ERI IS LETTER OF A..—MORITY FROM OWN" a °+v:►cEDt WIGS x I+O GAL DESCRIF--Z�%; OF PROPERTY CC'VERED BY APPLJCA'°<:)N f(S) BLOCK SOIYISION P• TEs AND BOVNOS _ wlol ft. Of W. ?.E' ft. .N k, NW ,5_ i NTE k less West -� . ft. and less Che 1601ft; Secti= 30, 7k'P. 54 S , 1. 40 e., Dade Ommt=. _"-i-orida. ZE Of AREA COVE^= A" APPLICATION NAMES ANO O": =Aee` WIDTHS Of AQVTTsG evwIS ?3,210.0 Sq. ft,_ SW. 59th Av - 50, RiV SW. 7_-r_2._ St.: 251 RA/ >D/TIONAL OEOtCA.- 1_ PROPOSED STRUCTURES LCQw sE= ON PROPERTY .76th. St. 2 Yes. PPLICATION TC `--� PLANNING BOAR—' FOR ACTION ON -C FOLLOWING CMA.•.t'iZ Z;I- ZONING EXCEPTION OTHER (SFEGe"Y; VARI^, .:Z AIAEND SECTIa.'e= C60E +' OF FIAT RE ,"EMT ZONE CL/SS ATtON CHANGE Of ZC-•G wtEQUESTED RS-3 NONE 4C rMLOWING SLlPP'=s °tNG DATA REQUIRED tS f.jOtAITTCD WITH TXrS s--:ICATIOfd. (ATTACt4E7_— HERETO A.40 MADE RAT Of APPLICATICft.l CERTIF'Mt~ !__-VRYEY SITE PLAM PKOTOGRAPNS STATEP'E•° :Dr REASONS OR COND T.=tWS JUSTIFYING C�-Arr— --Tzr_QUESTEO PROPC" -U—_ 0' —OOR PLAN HEARING FEE t=wff-- OR CHECK) OTHER Kr. VNt>ERSIONEO -1 ==.a0 THIS COMPLETED L= dtICATION AND REP44! a —S THE tNFORMATIOa tst_D ALL SVPPORTI-.-!s 1 T^ FVRNISHCO 15 _= ANO CORRECT TO TnC 'BEST Of MIS KNOWI_E :Z /r_— .w.-p &CLIEF. StG' %R OFFICE US >_Y ATE OF }-TEAR;' -_ — HEAcz! *z t #fQO -tt REV. 3-! - -5 0ATE ;i.�°_� adtlon undert_znsideration. Be a'_sa asked the '.--mission to tie concise and tz the point at-&- not repeat the pcl= unless some tlarificatio_ Is made. In t.3ditiac, affairs rc :iay to day '_..s=ues can be handle_' -ther than at Coma'-sston aeetirri-s :' PINANCES-S -_ _ND READING A-NO PUKIC HEARING: #S ORDINANCE 30. 4.99 -1419 AN ORDUS-15CM AMENDING SECTION 16 -13 OF CFA_`�W t 16 OF TIE CITY PENSION s`INANCE BY E1. XINATLNG AGE REQC".. '. TS Mi ELIGIBIL 7T IN THE PMION PLA3 AMENDING SECTION 16 -14 CF CHAPTER t DF THE FENS_05 OR.D:LANCE BY EL'_-w_-_-3AATING PERC _.AGE D I FFER E3;7- jI BENEFITS I E_�TEEN 1K ALES AND F N&UM F0[ EATCY RETIREMEs"; AMENDING S:C";ION 16 -12, 16 -16 IM 16.21 OF CHAPTER :6 DF THE PENSION ORDINAANCE BY PR3rMING M PEA _ON FUNDS TC != PLACED IN I LADING SOURCES AS -21=WIDED BY IA*-; PROViIDI!� OR SEi►VWY_17Y; RIPzALING AU FOR LEGISI A" 13N IN CONE ---- HEREWITH AND PROVIDING AN EYYu=VE DATE. Moved bT "C_mmisstoner :roWn, seconded by V°-n- Mayor Sch:a_t, this be con -�_z:red the seaDod and final reader of the ordiar�ce and it be a&` -zed and assived the next n the Ci" :'&--rk. Mayor Pater deemed public hearing to be !x session a.ne requested a--r-ane wishing to speak for or the ordinesc* to please step f =- _v$rd at this time. No one $-L ed to speak a:-ad the Public was eeeaed closed. Comniss -_ .er McCann ocae -3 this is amendi3z she Cit•'s F_a-m so It complies ti:-ah Federal ane State t,ay. The `tension Baard "as requested t City Coarissico take this acts -_ Mayor _ _er stated he is opposed to the __--dinance. In ea l ity few_ s do live lccger aDd the cost their ear lw retirement --jnts to duct more mccey. Motion .2—z sed 4/1: Vice -Mayor Schvait, y :. CommissianE= i ck*n, yea; :- cmissioner 11cC.ann, Tea; Commies= ==_per Lau- celc_:, Sea:; Mayor ter, nay, U-SOLUTIONE = PUBLIC HEAD LNG 15 RESOLLITICN NO. A RESOL __4N GRANTING A VAIVEI OF PLAT CB 2'ROPERTY LEGS -:1-T DESCRIEZ AS THE NORTE 110' OF _'HE VEST 1z_�V OF THE "—.,= 1/2 OF THE 5i 114 OF M SE 3 /4 OF -HE WE 1 A :..:,ESS WEST 25*_ AND LESS Ek5! 160', SECTICS 30, TC,6V-SHIP 554 i�CUTH, RANGE 4t EAST, LYING L'Q BEING IM DATE COUNTY, FLORIDA, AE� 'K /A 7611 S.C. 59TH AVENUE, _50UTH MIAMI, FLORIDA. tCH _5. 2/21/89 rjn 1 K ved by Ct-= ssioner McCar:! for d_scussioc, se-conded by Coca s s loner B_ the resole: `_ on be adopted a_-je assigned the next cumber by tie City Clerk. ?!ayor Porter noted the Plezn.ing Tc.trd reco motions are 3'3 to grant the re;oest Mayor Porter read into the record a letter fr=e Mr. Phi l l i. Levin, 5841 'S.:. :6th Street %-;: ch states: " Gentlemen: Please be adv see I am opposed tx the regular Platting proce,';=e regarding FD 88 -025 for the sxffimfivision of the sub=ect property at 7611 S.W. 5?th Avenue. It is mot in accors'ance xit.k the existing _aws and reguleticco of the South Miami Master f.az and the req -cegt seeas to be sot Regal. I feel the nelghborho{ would be adve.s:ely effected by Oils and in :t aslkicg about it with my Haig Sc rs , V! ey seem t- '.see in agreer-ent . S_g -ned: Respectf-a --1y, FLil Levin.' Piayor Porte~ deemed public `nearitg to be i.r wssfon and rested anyc a wishing to sjeak for or against the resolution to please step '_'�rward to be heard at this time. IN The applicarx, Mr. De La iuAentes, o ner of mil Constructicm addressed the ission. He seated be would ?ice to divide the property and te_ld two houses. 2) ' Mr. Gilcrest:, 7510 S.W. 5=t.r. Avenue, adds the Commissicm in cn- osition er the request. Tie exrl:<ined that most of the houses in the neighborhood are wilt oc the re :1=ed 10,000 sc. ft or more and' the smaller I:ts wou_2 be detr-fsomital to the ne g'_ib rhooe A;so, 76th Street is or1v 25' vi3r, so there world neec to be pr;crty dedicated fir a ri &ht of which would aah-4 the lots ever. smaller. He stated he is also r- - _—_esenting Ms. Alexar_-dre Barry in opposition tm the request as she was not atle to be present: 31 Kolbe:. 5861 S.W. 76t� trees also space in opposition statir-g he he: =derstood the ? lannitg board %= voted 3/2 in favcr because '_=.ey thought the equest was ir:*f�wtable. He a ~sc vou`c, not l_te the request t:smted as it may =e a precedent fcr the of ghborL,` Ccnpissir_ asked for clar:.`;caticc on the footage of the proposed lots :.mod also if it :s the `net' or -4 -mss' footage tit is co"ideree ;ter the 10,000 sq_ ft lct requ;--e:ment. Ms. Lana,, Planning, Zor_mg g Community Zeweloprea.t Dire.ta-mr, stated the lots axe, 8 5EC and 9,435 net sq ft, respecti-me_f. It is her _ opini!o'n' that 'ft&-- zoning ordin =_ac-e designation zff 10,000 sq. ft. Is Oe net se=a.: a footage, bu_ -she believes t' some members of staff may !have Issued as diffe:emt opinton. CCM -6• 2/22/89 r; n a Mayor Sc`,--&--_t stated if :�.is =Ls the case, tNe &ppl i_.a '_on now be!rre them woule regL:re. a varfamxe_ :o-mi1 _ i oner McCane agreed. Botl- lots a.-e unders and the wavie_ :11 plat resolmtion was not the :. per fora a iihich to reseit the application. She had 'istt_ed to the r_axnning Board :apes those or t'-)e Board who 1�&d v-.-.&d in the affirmative rid n.: think thee* was a choice it tht tatter. !'see„ the rlatt:.cz presente? >- the applican_ dms not agree wi-mb the flatt'_ -g on the records of the City (res.-- lution 2M10.. C-_4 Attorney Lellagloria stared he and the Plmsmilng & Zoning irec:z:- have spoken with the apple can: e.nd asked his coxinsEl present 0e City with the wit? cf Title tit would he is accorfa_::.:e with Resolution 2018. If :.e Unity of TIAle iodiee_es that he is not precluded frog :equestiM t2m waiver, any v:te tonight ac-a1d preclude h_n f_ca 'coming rd with a va r lame request fer either b eor0ns o: a. year. CmusAssioner !�cCant asked the 'City Attorney if at if t'is recomemi5ation the appli:a_ion be dee`e_rred as the a?:zlict-t may posr:Vly have receiTe-c incorrect information. City Attorney said this would be bis rtccrmendatica amd sent hack to Adn!- istratior zEwd, if cecesfary, to Plamci.ng Board. M.ve'A by Coma-:ssloner McCann, secoTeed by Mayor Porter, this item le deferred acZ sent back to the =eaff and r- ing; Board at which t L ne all quesrions be revie-.,ed 82d answered nawS the appl i ra : be adviseid of his choices in tote matter_ M: on passel 11: Mayor Porter, ye:; Coamiss]�r Brown, yea; - =issioner >kc-Cann, yea; Cc-==iss::r,er Lau Ott, yea; Vice -.a . _-�r Schwa--':. nay. 16 SOLUTION NO. 15-89---:55 A 2-L-SOLUTIOA A :aDING THE CI7F'S PE= PLAN TO A'."WID£ FOR NYTV SALJO.Y LEVELc F70K THE POSITION OF "_r FIrANCHR:3tECTOR. Y. -:e•2 by May:- Porter, secontE,e by _c,-mmissios drown, the resol = :;gin be ac =zed and assigned the :e.a :t nu €be• '_,� the City Clerk. YF _- Porte: d�ened the publ_c to be =- session and reque=_=_- anyone ` -shing to speak for c- =gainst :!:A-- resolution to step t: =ward to be head at e_Ls time: 1) ME. 'oyce Sc�chter spoke refresent__s the Sent! -L Miami 9,>neo�ce_s Assoc!Arion. She stated she 1 very xc opposed to a_nend:ag the City's pay plan for only o_e positiv, especially Veen `: is an twrv_�sse of $20,004. She w-r--)uld pr!&— a salary reeva`_ -,at ion for all employees of the t ". The tom" for the res ideals have raised, many ase oc f ixed 1 a, and she does rot:: feel it is appropriate to have t 'hat higi a! salary range. Slit thanked City Manager wbo ha: vet vita `.ter and other me :?ors of 6e Association ttis date to addrims some of their coicerns. CCM -7 2/ ;I-P9 rjn k:-ICE OF PUI_:'V HEARING On Tuesday. -pril 4th :989 at 7 :30 P.M. _T the City Commission Cambers, ttz :ity Commission c- �'nt City of South Va=i will corilct a Public Heart_ zn the following w:t:er: PB -88 -025 Applicant: Ragii Cois. ruction, Inc. Request: Approval c: the subdivision s= the subject 3 zperty, waiving t:=_ regular platting p _ ocedure. Location: 7511 S.V. 59th Ave. Legal Descripti:__ North 114 eet of West 396 :=F=_ of North 1/2 of iw 1/4 of SE 1/4 c. S= 1/4 less West 25 °e =_t and less East -= feet of Section a Township 54 Soa =, Range 40 East, ly:.ng and being in Dam =ounty, Plorid�. You are tereby advise,. that if any pers1 desires to appeal an• Letision .crate with respect to rt.!, matter considered 2: _his Meetint r Nearing, Such :- "son will need a recor: cf the pros =e: ings, and for ss ~p urpose may need to ersure that a 4_ datim Record o= _ �e proceedings zs Trade, whit, record includes t-e testimony and evidence .- on which rte appeal is basee. Public -e z ring will i. field in the Cczr "- ion Chambers at : City Hall_ :130 Sunset Drive -Huth M,ia�i Florida, at . __ time and z.e stated above. All in:_ -=sted partis_. are urged to at-w, objectioT- or express i c ~=_ of approva- n•ay be made in F,e-r n ,at the Hearing or ;i" ed in writii; prior to or at =_ Hearing, Interested Parties reques.-Tg information a- asked to contact the office of the ty Clerk 557 -56F zr by writing. R -*ARY J NA Nk1 :riY CLERK i RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RESCINDING PRIOR RESOLUTION NUMBER 33 -84 -5089 A WHICH REQUIRED ALL AGENDA ITEMS TO BE READ BY THE CITY CLERK. WHEREAS, the City of South Miami has previously resolved that all agenda items be read by the City Clerk at public meetings of the Mayor and City Commission; and WHEREAS, the City now wishes to rescind this prior directive. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That prior resolution number 33 -84 -5089 A is hereby rescinded, and that any agenda item to be read at public hearings of the City Commission may be read by the City Clerk, the City Attorney, or any member of the Commission. PASSED AND ADOPTED this day of _, 1989. APPROVED ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm \rescind.res b 7 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RESCINDING PRIOR RESOLUTION NUMBER 33 -84 -5089 A WHICH REQUIRED ALL AGENDA ITEMS TO BE READ BY THE CITY CLERK. WHEREAS, the City of South Miami has previously resolved that all agenda items be read by the City Clerk at public meetings of the Mayor and City Commission; and WHEREAS, the City now wishes to rescind this prior directive. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That prior resolution number 33 -84 -5089 A is hereby rescinded, and that any agenda item to be read at public hearings of the City Commission may be read by the City Clerk, the City Attorney, or any member of the Commission. PASSED AND ADOPTED this day of _, 1989. APPROVED ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm \rescind.res A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING THAT THE CITY CLERK OR, IN HER ABSENCE OR INABILITY, THE CITY ATTORNEY SHALL READ ALL RESOLUTIONS AND ORDINANCES PRESENTED TO THE CITY COMMISSION FOR ACTION THEREON WHEN SUCH READING OF SAID ORDINANCE OR RESOLUTION IS REQUIRED BY STATE STATUTE, CITY CHARTER OR CITY ORDINANCE. BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: i i Section 1. That the City Clerk or, in her absence or inability, j the City Attorney shall read all resolutions and ordinances presented to the City Commission for action thereon when such reading of said ordinance or resolution is required by State Statute, City Charter or City Ordinance. PASSED AND ADOPTED this 15th day of May, , 1984. APPROVED: ATTEST: MAYOR RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, TO PURCHASE COMPUTERS FOR THE POLICE DEPARTMENT. WHEREAS, upon recommendation of the Police Chief, the City Administration deems it necessary to purchase computers for the department; and WHEREAS, the City Administration is recommending that the equipment be purchased from government bid. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That computer equipment be purchased from Government bid at a total cost of $11,591.00 to be paid from Account No. 1910 -5450 entitled: Forfeiture Fund, such equipment listed on Exhibit "A" attached hereto. PASSED AND ADOPTED this day of , 1989. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm\computer.res ILI City of South Miami INTER — OFFICE MEMORANDUM TO: WILLIAM F. HAMPTON /City Manager FROM' PERRY S. TURNER Chief Of Police DATE: March 30th, 1989 SUBJECT: POLICE COMPUTERS As you know, the Police Department is drastically in need of automation in order to be able to provide the best possible services to the community. Due to prior budget constraints, we have fallen way behind,technologically speaking. We have recently found a way to obtain very valuable computer services from Dade County. With the purchase of the below listed equipment, The Office of Computer Services and Information Systems of Dade'County will allow us access to the vast information in their Criminal Justice System Data. THIS DATA INCLUDES: Motor vehicle and tag information Booking and charge information Court case information Bondsman, State Attorneys, Defense Attorneys Criminal History Information Wanted Persons information Property Accounting information Witness Information Officer Court Case Load information Traffic information B.E.A :� . information AKA chain search Voters Registration information Real Estate /Personal Property information (2) The use of tying into Metro Dades computer system will accomplish the required updating and growth development of the South Miami Police Department into the 1980's, reference computer use. To initiate this system on our own would increase costs approximately 5 times the $11,591 total figure. THE EQUIPMENT NEED IS AS FOLLOWS: Cost (1) Harris 8 Port Controller............. $3087.00 (4) Harris Terminals .....................@ $2432.00 (1) Harris 224 -200 Printer............... $3089.00 (1) 9,600 Baud Modem (one -time charge).... $ 200.00 (1) 3270 Connection ............. (PS2 -60).. $ 428.00 (1) 3270 Level 3 software ...... (PS2 -60).. $ 309.00 (1) Cable . .....................(PS2 -b0).. $ 25.00 (1) 9600 Baud Line- Southern Bell......... $ 152.00 Equipment costs ...................... $9722.00 Installation of Equipment............ $ 909.00 All equipment costs are Metro Government Bid Prices Recurring costs Modem Maintenance ... ($13.00 per Mo.xl2)$ 156.00 Line Costs .......... ($67.00 per Mo.xl2)$ 804.00 Summary of Totals Equipment ................. $9722.00 Installation ..............$ 909.00 Modem Maintenance ......... $ 156.00 Data Line........... ....$ 804.00 TOTAL COST ..............$11,591.00 Current 'p lance Forfeiture Fund ..............$41,384.86 Tactical Team ........... .....................$13,480.00 Computerization ......... .....................$11,591.00 _ Total Expenditure from (Acct# 1910 - 5450) e rfeiture Fund $25,071.00 Fund Balance.... $16,314.86 Warranty (3) yrs. (5) yrs. (3) yrs. RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, TO PURCHASE EQUIPMENT FOR THE POLICE DEPARTMENT. WHEREAS, upon recommendation of the Police Chief, the City Administration deems it, in the public interest to purchase equipment for the tactical team of the department; and WHEREAS, the City Administration is recommending that the equipment be purchased from government bid. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That equipment for the police tactical team be purchased from Government bid at a total cost of $13,480.00 to be paid from Account No. 1910 -5450 entitled: Forfeiture Fund, such equipment as specified on Exhibit "A" attached hereto. PASSED AND ADOPTED this day of , 1989. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm \equip.res TO' WILLIAM F. HAMPTON City Manager FROM` PERRY S. TURNER Chief Of Police l111111111111111 1 111liq tlj'�Ji 1A I INTER — OFFICE MEMORANDUM DATE: March 29, 1989 SUBJECT:South Miami Police Department Tactical Team DURING MY TENURE AS CHIEF, THE SOUTH MIAMI POLICE DEPARTMENT HAS GREATLY INCREASED ITS NARCOTICS ENFORCEMENT ACTIVITIES. WHAT IS NATIONALLY RECOGNIZED AS ONE OF THE WORST PROBLEMS THIS COUNTY FACES, CRACK COCAINE, IS NOT A STRANGER TO SOUTH MIAMI. WITH THE INCREASED ENFORCEMENT BY BOTH AUGMENTING EXISTING PROGRAMS AND IMPLEMENTING NEW PROGRAMS, COMES THE INCREASE DEMAND FOR SPECIALIZED POLICE SERVICES.- THE OLD DAYS OF SENDING A COUPLE OF OFFICERS TO A HOUSE TO ARREST A SUBJECT ARE GONE FOREVER. THE NUMBERS OF ASSAULTS ON AND MURDERS OF SOUTH FLORIDA LAW ENFORCEMENT OFFICERS ARE A SAD TESTAMENT TO,THIS.FACT. THE TECHNIQUES AND EXPERTISE OF THE SPECIALIZED ENTRY AND ARREST TEAMS UTILIZED BY POLICE AGENCIES TODAY ARE ABSOLUTELY ESSENTIAL FOR OFFICER, CITIZEN AND EVEN SUBJECT SAFETY. HISTORICALLY, SOUTH MIAMI POLICE DEPARTMENT HAS HAD TO 'RELY ON THE AVAILABILITY OF OTHER AGENCY TEAMS FOR THESE SITUATIONS. THIS OFTEN LED TO DELAYS IN SERVING WARRANTS AND EFFECTING ARRESTS. I AM NOW REQUESTING YOUR ASSISTANCE IN FORMULATING AND IMPLEMENTING A SOUTH MIAMI POLICE DEPARTMENT TACTICAL TEAM. IN ORDER FOR THIS AGENCY TO CONTINUE TO PRESS THE ATTACK AGAINST DRUGS, THIS TEAM IS VITALLY NEEDED. THIS UNIT WILL ENHANCE THE EFFECTIVENESS AND EFFICIENCY OF THIS AGENCY. AN ADDITIONAL BONUS OF THIS UNIT IS THE POSITIVE MORAL IMPACT THAT IT WILL HAVE ON THE MEN AND WOMEN OF THE DEPARTMENT. NUMEROUS POLICE AGENCIES THROUGHOUT DADE COUNTY AND THE COUNTRY HAVE DEVELOPED AND UTILIZED THIS PHILOSOPHY WITH GREAT SUCCESS. THIS WILL BE AN ONGOING PROGRAM WITH AN APPROXIMATE 3 to 5 THOUSAND DOLLAR PERANNUM COST FACTOR. THESE INITIAL MONIES SHOULD BE TAKEN FROM THE FORFEITURE FUND (Acc. #1910 - 5450). THANK YOU IN ADVANCE FOR YOUR ASSISTANCE IN THIS MATTER. I AND MY STAFF ARE AVAILABLE TO DISCUSS THIS ISSUE WITH YOU AT YOUR CONVENIENCE. ., SUMMARY TOTALS General Equipment cost............. ............ $10,480.00 Officers Eguipment cost ........................... $ 3,000.00 Total Cost Summary ................................ $13,480.00 SEE ATTACHED BREAKDOWN City of South Miami INTER-OFFICE MEMORANDUM TO; PERRY S. TURNER DATE: MARCH 1-6, 1989 Chief Of Police PRO M7 MAJOR C. D. ROMINE SUBJECT. EQUIPMENT- S.M.P.D. TACTICAL TEAM • Sir: The following is a breakdown by man of the needed equipment for the initial outfitting of a South Miami Police Department Tactical Team and specialized training: ITEM COST PER NUMBER UNIT OF UNITS AMOUNT 1. Black Rip Stop fatigue pants......... $35.00 2 $70.00 2. Black Rip Stop fatigue shirts........ $35.00 2 $70.00 3. Black T-shirts..,,*,, ........ 0 ....... $05.00 5 $25.00 4. Belt.... ............................`.. $06.00 1 $06.00 5. Boots . ............................... $70.00 1pr. $70.00 6. Black Belaclava ...................... $15.00 1 $15.00 7. Goggles .............................. $10.00 1pr. $10.00 8. Tac Gloves ........................... $25.00 1pr. $25.00 9. Tac Belt ( gun - nylon) ................• $25.00 1 $25.00 10. Magg. Pouch .......................... $12.00 1 $12.00 11. Cuff case........ ........ .......... $10.00 1 $10.00 12. Radio Pouch .......................... $10.00 .1 $10.00 13. Gun Holster .......................... $40.00 1 $40.00 14. Belt keepers. ........ ..... ......... $05.00 4 $20.00 15. Shotgun pouch -First Aid Equipment.... $09.00 1 $09.00 16. Miscellaneous Equipment. ............. $83.00 $83.00 TOTAL $500.00 For an initial (6) man entry team styled tactical unit, the cost is approximately $500.00 per man or $3000.00 total. This equipment is mandatarI for the basic two week school that each officer will be required to attend. • Page Two Upon graduation of the 'school and implementation of the squad, additional equipment will be needed as follows; COST PER NUMBER ITEM UNIT OF UNITS AMOUNT 1. Bullet Proof Vests - threat level IIIA.. $600.00 6 $3,600.00 2. Ballistic Plates for vests.......... . $300.00 2 $ 600.00 3. Ballistic face shields ................ $275.00 2 $ 550.00 4. Load bearing vests .................... $300.00 6 $1,800.0C 5. Radio adapters ........ ................ $325.00 6 $1,950.00 6. Gas Masks -M17 style ................... $140.00 6 $ 840.00 7. Misc. Equip. /Knife /Canteen /First Aid /. $100.00 6 $ 600.00 8. Lighting devices for 6 weapons........ $ 70.00 6 $ 420.00 9. Slings for 6 weapons .................. $ 20.00 6 $ 120.00 TOTAL $10,480.00 a � RESOLUTION N0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, INITIATING AN AMENDMENT TO THE CITY'S ADOPTED COMPREHENSIVE PLAN, SUCH AMENDMENT TO BE THE DESIGNATION OF GENERAL RETAIL USES ON PROPERTY DESIGNATED CURRENTLY AS LOW INTENSITY OFFICE. WHEREAS, pursuant to Chapter 7 of Ordinance No. 22 -82 -1145, the Mayor and City Commission may initiate an Amendment to the Comprehensive Plan at any time by Resolution; and WHEREAS, the Mayor and City Commission desire to amend the Plan to change a land use designation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission hereby initiate an Amendment to the current Comprehensive Plan of the City. Section 2. That the Amendment shall take the form of changing the land use designation from low intensity office to General Retail on property legally described as attached on Exhibit "A" 'hereto. Section 3. That the initiation of this Amendment in no way precludes the City Commission from denying the requested amendment upon future consideration at public hearing. PASSED AND ADOPTED this day of , 1989. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm \a,Tnendcp,res on PARCEL NO. 1 All of Tract 1 of the revised Plat of FERNWOOD, according to the Plat thereof, recorded in Plat Book 35, at Page 12 of the Public Records of Dade County, Florida'less the south 475.657 feet of the West loo feet and less also the East 150 feet of the South 330 feet and less. also the South 125 feet of the West 175 feet of the East 325 feet and less also the East 75 feet of the West 175 feet of the South 125 feet of said Tract. PARCEL N0. 2: t East 75 feet of the West 175 feet of -the South 125 feet of revised Plata of FERNWOOD recorded in Plat Book 35, at Page 72, of the Public Records of Dade County, Florida. Eaf,EL NO. 3: The North 132 feet of the Si 1/4 of the NE 1/4 of the SE 1/4 of section 25, Township 54 South, Range 40 East, less the North 25 feet of the North 132 feet of the SE 1/4 of the HE 1/4 of the SE 1/4 of Section 25 Township 54 South, Range 40 East. PARCEL NO. 4: That part of.the SE 1/4 of the NE 1/4 of the SE 1/4 of Section 25, Township 54 South, Range 40 East described as follows: Begin at the SE corner of said SE 1/4 of NE 1/4 of Se 1/4, thence run West along the South line of said SE 1/4 of NE 1/4 of SE I/4 for a distance of i85 feet for a point of beginning thence run North parallel td east line of said SE 1/4 of NE 1/4 of SE 1/4 for a distance of 150 feet; thence run West parallel to the South line of said SE 1/4 of NE 1/4 of SE 1/4 for a distance of 100 feet ;;thence run parallel to the east line of said SE 1/4 of the Ni 1/4 of SE 1/4 for a distance of 150 feet to the south iinelof said SE 1/4 of NE 1/4 of SE 0; thence run Fast along said south line of SE 1/4 of NE 1/4 of SE 1/4 for a distance of 100 feet to the point of beginn- ng, less the South 25 feet for public road purposes. PARCEL NO. 5: The 116rth 180 feet of the South 330 feet of the East 150 feet of TRACT No. 1 of FERNWOOD, a subdivision recorded -in Plat Book 3'5, at Page 72 of the' Public Records of Dade county, Florida. 11 . ROBERT K. SWARTHOUT, INCORPORATED 400 South Dixie Highway, Suite 121 Boca Raton, Florida 33432 (407) 392 -5800 (305) 467 -5800 March 17,1989��'/�L3 J Ms. Sonia Lama MAR 2 109 Acting Planning and Zoning and Building Director City of South Miami B Z L` D 6130 Sunset Drive South Miami, Florida 33143 Dear Ms. Lama: Pursuant to your request, we have reviewed the comprehensive plan to evaluate if and how property designated Low Intensity Office could be developed with a proposed Marshall's Store. It is our understanding that such a store would be a two -story structure predominantly occupied by retail commercial uses on both floors. We have considered the following options: I. The language of the plan could be interpreted to permit the proposed development based on a review of the meeting notes and tapes pursuant to which the language was enacted. It is our belief that such an approach could lead to chaos and should be avoided. We believe that the plan language is neither more nor less specific than the Commission wished it to be. Questions which the Commission did not specifically settle in the plan should be resolved in the development code, not by attempts to interpret the plan based on comments made during the course of debate. 2. The proposed project could be developed as a planned unit development. We believe there is no basis for such action in the plan. We do not interpret the planned unit development language on page 1.39 as applicable. This language authorizes modification in certain height and other bulk provisions of the plan; it does not authorize modification of use provisions. 3.4 The proposed project could be developed by grant of a variance. Language on page 1.39 permits variances to the plan. Therefore, it is theoretically possible that the project which prompted this review could proceed under a variance. However, we think it probably would be inappropriate to do so. Court precedences set rather rigorous standards for variances. We seriously doubt that the subject property could meet those standards. We have certainly seen no evidence to justify granting a variance. The City should be willing to review any evidence any property owner might have to justify a variance. However, in the case currently under consideration, we think it ll9 Ms: Sonia Lama "City o(South Miami March 17,1989 Page 2 would be inappropriate to otTer encouragement that such an approach would be fruitful. 4. The proposed project could be developed under new zoning regulations to be prepared as part of the development code which must be enacted to implement the plan. This approach necessitates interpreting the plan as permitting such development. We do not believe the plan can be so interpreted. The relevant language appears on page number 1.40 under the heading "Low - Intensity Office (Two Story)." We read this section as limiting second floor uses to office uses; there is no way that zoning language can be used to legally circumvent this limitation. If the proposed project could be developed with only office- related retail uses on the secondfloor, then it is possible that it could be approved under the plan language permitting retail uses as conditional uses. In our opinion, this option should be exercised only through zoning language specifically enacted by the Commission for that purpose. 5. Amend the Comprehensive Plan to permit projects like the proposed project. We think this would be the best course for the City to follow if it wishes to approve the project. We are particularly strong on this point if the project is to have other than office related commercial uses on the second floor. Approval of other than office- related commercial uses on the second floor would clearly be inconsistent with the plan as it is currently written. Furthermore, while we believe that the Commission could enact zoning regulations which permit total development of the first floor with conditionally approved commercial uses, we believe such zoning regulations would be stretching the intent of the plan to the limits of plausibility. If the Commission wishes to have a Marshall's Store on a given site, we think it would be better to plan designate the site as General Retail. We hope this letter is helpful. If you have any questions, please call. We will be happy to discuss the question further. Very truly yours, ROBERT K WARTHOUT, INCORPORATED Stephen H tkin, MCP,, AICP Robert K. Swarthout, MArch, AICP cc: William Hampton, City Manager // 0 b RESOLUTION NO. A RESOLUTION OF THE MAYOR AND Cif' COMMISSION OF THE CITY OF TH MIAMI, FLORIDA, DENYING AN XDMINISTRATIVE APPEAL FROM A DECISION OF THE ADMINISTRATION REGARDING A BUILDING PERMIT PIKE FOR PROPERTY LOCATED AT 5701 S.W. 49TH STREET. WHEREAS, the City Administration has imposed a $100.00 fin_ and a $200.00 Quadruple Fee _egarding a building permit at 5701 S.W. 49th Street; and WHEREAS, the Applicant wishes to appeal this decision. NOW, THEREFORE, BE IT RESCI.7 ED BY THE MAYOR AND THE CITY C01J+f1,SSION OF THE CITY OF SOUTH MIA-`, FLORIDA: Section 1. That the appeal of the Applicant from a decision of the City Administration -sr hereby denied, PASSED AND ADOPTED this day of ��, 1989. APPROVED MAYOR ATI -S'': CIT' ;CLERK READ JAND APPROVED AS TO FORM: CITY ATTORNEY s m \, = dgpmt . 2 2 r `arch 7, 1989 Pedro P. Landera request ti be on the regular City commission agenda on March 21, =?69, to appeal the quadruple fee of $200.00, and the $ifi; .� fine assessed to me for _tarring the work prior to secry_ng the proper permit on the =rob located at 5701 S.W. 49th ytT�et. she Commission meeting will :__ held at 7:30 P.M., 6130 tiunset Drive, Commission Chant =_ -. 7~ 4zedro P. Landera & w Berta Date itness Date Zc: Building Dept. City Clerk ✓� RESOLUTION NO. A REST.. 'JTION OF THE MAYOR AND CITY C SSION OF THE CITY OF SOUTH AI MI, FLORIDA, DENYING AN ADMIFI— STRATIVE APPEAL FROM A DECIS =i'S OF THE ADMINISTRATION REGARZING A BUILDING PERMIT FINE F PROPERTY LOCATED AT 7010 S. W. f4th COURT. V—H ,REAS, the City Administrat =am has imposed a $300.00 f ine anf a $140.00 Quadruple Fee rega- ng a building permit at 7010 S.W. S4th Court; and REAS, the Applicant wishes to appeal this decision. 5 W, THEREFORE, BE IT RESOLVED RT- THE MAYOR AND THE CITY COMMISSI --N OF THE CITY OF SOUTH MIAMI, F C IDA: e•y:tion 1. That the appeal —. the Applicant from a decision = the City Administration is hsreby denied. 3SSED AND ADOPTED this da• -of , 1989. AP- =R "DVED M� ATTEST: CITY CL" READ ANi !`�--PPROVED AS TO FORM: CITY ATT: 7-'NEY sm \bldgp_.18 - � �C LE� r Marct 199 Ysidr :; Zequeira request to be on the re=gular City Commission agenes on March 21, 1989, to appea- the quadruple fee of $140.----, and the $100.00 fine asses=e :xi to me for starting the w:rk prior to securing the pr:r�--r permit on the job locate.:: at 7010 S.W. 64th Ct. In o-- er to continue the work you z7:-L—=t pay the applicable fee Lam: fine. The :_,mmission meeting will be he!: at 7:30 P.M., 6130 Sunset Drive, Commission Chambers. Y zdT queir Date" '- 71'zV4OO'- � S Date Fina_--Z! pt. Clerk Amount ecei ed cc: _:,ilding Dept. �ty Clerk i s RESOLUTION NO. A RESOLUTICN OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAM =, FLORIDA, DENYING AN ADMINISTR1-r =VE APPEAL FROM A DECISION CF THE ADMINISTRATION REGARDING A. BUILDING PERMIT FINE FOR PRa ERTY LOCATED AT 6262 S.W. 72N STREET. WHEREXI , the City Administration h- imposed a $100.00 fine and a $4D.00 Quadruple Fee regarding a building permit at 6262 S.W. 72nd- Street; and WHEREIS, the Applicant wishes to app;------ this decision. NOW, '_- EREFORE, BE IT RESOLVED BY TS= MAYOR AND THE CITY COMMISSION OF E CITY OF SOUTH MIAMI, FLORI : Sectsom 1. That the appeal of Applicant from a decision of the City Administration is hereby monied. PASSFZ -kND ADOPTED this day of , 1989. APPRO MAYOR ATTEST; CITY CLERK READ AND APPR7 D AS TO FORM: CITY ATTORNEY sm \bldgpmt.21 e J , March 2, 1989 Martin Travel request to be on -tie regular City Commission agenda on March 21, 1989, to -:peal the quadruple fee of 51-40.00, and the $100.00 fine = -zsessed to me for starting time work prior to securing tbi proper permit on the job lc,cated at 6262 Sunset Dr. Suite .01. The Commission meeting will 1_ held at 7:30 P.M., 6 13 0 Sunset Drive, Commission Chambe_. t�L4 z g Martin Trav 1 Date Witness Date cc: Building Dept. City Clerk �/' RESOLUTION N0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING AN ADMINISTRATIVE APPEAL FROM A DECISION OF THE ADMINISTRATION REGARDING A BUILDING PERMIT FINE FOR PROPERTY LOCATED AT 7850 S.W. 67th AVENUE. WHEREAS, the City Administration has imposed a $100.00 fine and a $120.00 Quadruple Fee regarding a building permit at 7850 S.W. 67TH Avenue; and WHEREAS, the Applicant wishes to appeal this decision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the appeal of the Applicant from a decision of the City Administration is hereby denied. PASSED AND ADOPTED this day of , 1989. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY March 23, 1989 Roberto Ferrer .request to be on the regular City Commission agenda on April 4, 1989 to appeal_ the quadruple fee of $120.00, and the $100.00 fine assessed to me for starting the work prior to securing the proper - permit on the job located at 7850 S.W. 67th Ave. In order to continue the work you must pay the applicable fee and fine. The Commission meeting will be held at 7:30 _P.M., 6130 Sunset Drive, Commission Chambers. Roberto Fe er Date 74 fitness Date S2 *1 11.a 6 Finance bpt. Clerk Amount Received cc: Building Dept. City Clerk L/ CITY"' RUTH MMI .ti BUILDING AND ZONING FOLIO NUMBER: TYPE OR PRINT PA IT REV. 5 —M-79 NO. BUILDING PERMIT APPLICATION APPLICANT FILL INSIDE HEAVY LINES OWNER �1r It �.i'a_., 'C• _I TEL 40..�. ,. t 4 L 1/M n i Azr - t`{ MAIL ADDRESS. C�— — OWNER- BUILDER ZONING QUALIFIED- Y _ N CHECKED BYE_ BUiLOING CONTR. TEL NO RED CARD ELEV. BURY. DRAINAGE PLAN MAIN. FL. ELEVCT. REO'D_Y-,N_REO'O_Y_N_CNECKEO (PR - , OJ.)_Y_NABOVE M.S- L. A # A - MAIL ADDRESS 1• YELLOW NUMBER CONCRETE CARD Y N TESTS REQUIRED �j L . ` A, t `,, o (ASE 1 >r J &,Q l� N o 4- �hA� J .i PILE DRIV. ARCHITECT ENG. / SUPER. _Y_, N_ SUPER._ Y_N_OTHER ENGINEER GROUP AND TYPE CONTRACTOR t- DIVISION COHST. DUAL. TO SUILD_Y­:�?1_ J • PREFAB UNITS SHOP DWGS. .SEAL APPRO 'ED Y_N__, REDUtR ED Y`N_REOD; —Y —iKJ -- LEGAL DESCRIPTION OF JOB: LOT NO. BLOCK NO. — . '#1•i_ - LOTS SQUARE COYER. FEET SUBDlVIStON�`-+- `— SEC. TWP. RGE. THIS PERMIT INCLUDES: t OR ESTIMATED r• "; METES @ BOUNDS P.B. & PAGE NO. ..n VALUE 4 FEE ' PRINC. ♦ BLDG. $ $ ��yy G� ! ® STREET ADDRESS OF JOB V ..� ! ` ACCESSORY n SLOG. SCB'N ENCL. LOT SIZE SURVEY A TACHEDT - LOT STAKEOT /// poor .PRESENT USE (VACANT, OR NO. OF BUILDINGS AND USE OF EACH.) FENCE • POOL. n 1 PAYING - n SOAKAGE PIT —0 I NERESYMAKE APPLICATION FOR PERMIT TO ERECT ALTER Q .DEMOLISH ❑ ADD ❑ PAINT � REPAIR p REMOVE 0 REMODEL ❑ A STORY RESIDENTIAL ❑. COMMERCIAL'_! 2 TOTAL BLD'G. VALUE B FEES yf ROOF {� STRUCTURE W ITH CBS ❑ FRAME a OTHER h T_�r1�� CONSTRUCTION /} - /Q'•O e FOR THE FOLLOWING SPECIFIC USE AND OCCUPANCY �`v Q Ltx i�J !oeC N w + TOTAL AMOUNT DUE S CUBE x ZONE REQUIRED OFFICIAL HWY. WIDTH i Additional items shown an the plans and covered by this permit: c .WALL ❑ FENCE Li PAVING !2 SCR. ENCL.❑ POOL Q n�-•� PAINT SOAKAGE PIT L� -DEDICATED WIDTH NO. Or NO. OF NO. OF HOTEL LOT DIMENS. LOT AREA LIV iNG UNITS _ BEDROOMS STORE UNITS PERMIT 110. WATER CO. DEED REST'R ! RESOLUTIONS CHECKED Y N NAME It - at>_UT% WELL PERMIT NO. 1 UNDERSTAND THAT SEPARATE PERMITS MUST BE OBTAINED FOR THE FOLLOWING ITEMS, PROOF OF UNLESS SPECIFICALLY COVERED BY THIS PERMIT: ELECTRICAL, PLUMBING, SEPTIC T -INK, OWNERSHIP Wf LL, HEATER, AIR CONDITIONING, SOAKAGE PITS, BOILERS. SIGNS, ELEVATORS, FENCE, SCREEN ENCLOSURES, WALL, PAVING AND POOL; AND THAT IN SIGNING THIS APPLICATION, 1 AM RESPONSIBLE R THE 5VftRVISIOH.AND COMPLETION Of THE CONSTRUCTION IH VIOLATIONS ACCORDANCE WIT T P NS �D SPECIFKATIONS AND FOR COMPLIANCE WITH ALL FED- CHECK: CHECKED BY ERAL STATE A�C NT LAW�IAPPL I CA E. CONTR. CERT. (Signature of Contractor (()Unli o or inner -$uil tr Only) NUMBER WITNESS (CLERK) DATE ACCEPTED: ISSUED BY: CONDITIONS UNDER W41ICH APPROVED_ 2 O HECKED BY f i F DATE .ems _ _CLASS CHECKKED/BY DATE:;) 1 FAILURE TO COMPLY WITH A MECHANICS LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENT 2 0 . 1• -ti. DISAPPROVED ZONING STRUCTURAL PLUMBING ftDATE °LECTR ICAL 4ECHANICAL 2 O HECKED BY f i F DATE .ems _ _CLASS CHECKKED/BY DATE:;) 1 FAILURE TO COMPLY WITH A MECHANICS LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENT 2 0 . 1• -ti.