06-13-89J
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
JUNE 13TH, 1989
7:30 P.M.
A. Invocation
Next Resolution: 63 -89 -8043
Next Ordinance: 12 -89 -1425
Next Commission Meeting: 7/19/89
B. Pledge of Allegiance t6 the Flag of the United States of America
C. Items for Commission Consideration:
1) Approval of Minutes of _J_une 6,_ 19.89 Regular City Commission Meeting
2) City Manager's Report
3) City Attorney's Report
ORDINANCES:
4.
An Ordinance amending Section 12 -3 -4 of Article XII, Chapter 20 of
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the City's Code of Ordinances by providing for exemption of mailing
of notice to property owners within 500' of any property for which
a Public Hearing is to be held regarding City Initiated Plan Amendments
or Land Development or Zoning regulations implementing an adopted
Comprehensive Plan or P ;lan Amendment.
(Administration)
5.
An Ordinance amending Section.8 -4 -5 of Chapter 20 of the City's
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Zoning Code to exclude certain types of craft- from -'the City's boat
and trailer storage regulations.
• (Commissioner McCann)
6.
An Ordinance providing for a franchise with the Southern Bell Telephone
4/5
and Telegraph Company for the purposes of erecting, constructing, main-
taining and operating lines of telephone and telegraph equipment thereon
and thereunder, providing for a term of fifteen (15) years; providing
for a fee; providing for an effective date and codification.
(Administration)
RESOLUTION :FOR PUBLIC HEARING:
7.
A Resolution denying a variance to allow a dry cleaning plant on a
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non - arterial road on property legally described as the N, 120} of Lot
25 and the N. 120' of Lot 26 of the Amended Plat of Coopers Subdivision,
as recorded at Plat Book 4, Page 152, of the Public Records of Dade
County, Florida, A /K /A 5828 S.W. 71st Street, South Miami, Florida.
CPianning Board /Administration)
RESOLUTIONS:
8.
A Resolution authorizing the City Administration to.place a plaque in
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City Hall in_ memory of Police Officer L. Daniel Schulz.
(Commissioner McCann)
9.
A Resolution approving a,site plan for Banyan Lane and approving
4/5
the dedication of r%gh_t- of-way-. CPlanning Boa rd /A.dmi:ntstrati"on)_
0. A Resolution-authorizing the City Manager to implement the Special 3/5
Master's recommendations regarding the employment agreement between the
City of South Miami and the'American Federation of State, County, and
Municipal employees.
(Administration)
11. A Resolution authorizing the -City -Manager. to execute- a use 3/5
Agreement between the City of South Miami and the American Amateur
Baseball Congress.
(Administration)
REGULAR CITY COMMISSION MEETING
JUNE 13TH, 1989
PAGE 2
RESOLUTIONS CONT'D:
12. A Resolution ratifying the emergency repair of two City Police
vehicles.
(Administration)
13. A Resolution authorizing the City Manager to expend the amount of
One thousand fifty -nine ($1,059.00) Dollars for Cultural and Educa-
tional activities for disadvantaged youth of the City.
(Commissioner Launcelott)
14. A Resolution appointing Rev. Rudolph Orjuna as a member of the Code
Enforcement Board to serve in such capacity until March 1st, 1991,
or until a successor is appointed and qualified.
(Mayor Porter)
15. A Resolution reconsidering and rescinding Resolution No. 55 -89 -8035
which granted an administrative appeal from a decision of the adminis-
tration regarding a building permit fine for property located at
5887 S.W. 70th Street.
(Commissioner McCann)
16. A Resolution to purchase a van for the Recreation Department.
(Administration)
ORDINANCES - RTRST READING
None
REMARKS:
I,- A Resolution denying an Admi.nfstrati:ve Appeal from a decision of
the admfinistratton regarding a building permit fine for property
located at 6320 S'.W. 42nd Terrace.
II. A Resolution denying an Administrative Appeal from a decision of
th-e administration regarding a building permit fine for property
located at 5863 S.W. 77th Terrace.
IL. Rosanne D. Barker 7730 S.W. 62nd Avenue addressing the Commission
re: The New ChinaTown Building - 73St and Dixie.
IV. A Resolution denying an Administrative Appeal from a decision of
the administration regarding a building permit fine for property
located at 5827 S.W. 77th Terrace.
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 inclij,;es the testimony and evidence upon which the
appeal is based.
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ORDINANCE NO. 2 -89- 1417 -A
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 12 -3 -4 OF ARTICLE XII,
CHAPTER 20 OF THE CITY'S CODE OF ORDINANCES BY PROVIDING FOR
EXEMPTION OF MAILING OF NOTICE TO PROPERTY OWNERS WITHIN 500'
OF ANY PROPERTY FOR WHICH A PUBLIC HEARING IS TO BE HELD
REGARDING CITY INITIATED PLAN AMENDMENTS, OR LAND DEVELOPMENT
OR ZONING REGULATIONS IMPLEMENTING AN ADOPTED COMPREHENSIVE
PLAN OR PLAN AMENDMENT.
WHEREAS, the City Commission of the City of South Miami
adopted Ordinance No. 2 -89 -1417 which requires that all residents
and affected parties receive mailed notice of all actions of the
City's Planning Board and Commission regarding zoning changes or
variances regarding property in the City; and
WHEREAS, the City Commission wishes to amend the current
notice provisions of the Zoning Code to continue a - exemption for
City Initiated Comprehensive Plan Amendments and Concomitant zoning
regulations; and
WHEREAS, at a public meeting on May 30, 1989, the Planning-
Board voted 5 -0 for approval.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section
12 -3 -4 (b)
of
Article XII, of
Chapter 20 of the City's Zoning Code
is amended
as
follows:
(b) Notwithstanding anything to the contrary contained
in (a) above, the requirements of this section 12-
3 -4 shall not apply to all City initiated
Comprehensive Land Use Plans and Plan Amendments
and Land Development or Zoning Regulations
implementinq an adopted Plan or Amendment s' .
S-ee-t- i- ran- -ma -y -b-a-- amended -,
PASSED AND ADOPTED this day of , 1989.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Deletions shown by - -- - - --
Additions shown by
y
APPROVED
MAYOR
ORDINANCE 10.
AN ORDINANCE OF THE MAYOR AID CITY COMMISSION OF THE CITY OF
SOUTH MIAMI PROVIDING FOR A FRANCHISE VITH THE SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY FOR THE. PURPOSES OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE
AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; PROVIDING FOR
A TERM OF FIFTEEN (15) YEARS; PROVIDING FOR A FEE; PROVIDING
FOR AN EFFECTIVE DATE AND CODIFICATION.
WHEREAS, the Southern Bell Telephone and Telegraph company
desires to renew its Franchise with the City of South Miami for use
of public streets in the transaction of its business,,. and
WHEREAS, the City Administration recommends the franchise being
granted pursuant to the authority of Section 337.401, Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
-'CF THE CITY OF SOUTH MIAMI FLORIDA:
Section 1. That the Southern Bell Telephone and Telegraph
Company ("Company") is hereby granted a non-exclusive franchise for
the use of City right-of-ways upon the following terms and
conditions.
Section 2. The Company, its successors and assigns, is hereby
authorized to construct, maintain and operate lines of telephone
and telegraph equipment, including the necessary poles, conduits,
cables, electrical conductors and fiber optics and digital
technology fixtures upon, along, under and over the public roads,
streets, highways, and rights of way of the City of South Miami,
Florida, as its business may from time to time require, provided
that all poles shall be neat and symmetrical, and provided that no
utility work, described above or otherwise allowed, shall- be
installed, located or relocated without a written permit issue by
the City.
Section 3. The work allowed under this franchise shall be done
subject to the supervision of the City, and the Company shall
replace or properly relay and repair any sidewalk, street, sod,
landscaping or other improvement that may be displaced by reason of
such work, and upon failure of the Company so to do, after twenty
(20) days notice in writing given by the City Manager of the City
to the Company, the City may repair anything that may have been
disturbed by the Company, and collect the cost so incurred from the
Company within forty -five (45) days of billing the Company. Any
failure of the Company to abide by this provision, or any other
provision of this franchise may result in the City causing this
franchise agreement to be null, void, and of no further force and
effect.
Section 4. In consideration of the rights and privileges herein
granted, the Company shall pay to the City annually a sum equal to
gne (1%) percent of the gross receipts of the Company on recurring
local service revenues for services provided within the corporate
limits of the City by the Company, provided that there shall be
credited against such sum the amount of all taxes, licenses, fees
and other impositions, except ad valorem taxes and amounts for
assessments for special benefits, such as sidewalks, street pavings
and similar improvements, and occupational license taxes levied or
imposed by the City upon the Company. Payment shall be made to the
City for each of the years that this franchise is in effect acid
shall be based on the receipts of the Company for the fiscal year.
For the purposes of this payment, such fiscal year shall end on
March 31. The annual payment shall be made to the City in four (4)
installments. The first, second, and third installments of the
annual payment shall be based upon such gross receipts for the
first, second and third quarters, respectively of the fiscal year
and shall be made within two (2) months following the end of these
periods. The forth installment of the annual payment shall be made
within two (2) months of the end of such fiscal year, shall be
based upon such gross receipts for the fiscal year but shall -be
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adjusted to reflect payment of the first three (3) installments.
The first of such payments shall be made on or before September 1,
1989, and shall be based upon the revenues collected during April,
May, and June of 1989.
In the event the state legislation regulating the fee that can
be imposed increases, the City reserves the right to increase the
fees received hereunder. No downward adjustment shall be
permitted.
Section 5. If the City wishes to verify the payments.to the
City under this franchise, the Company shall permit the City or a
designated representative of the City, upon reasonable advance
written notice, to review the Company's billing and payment
records, upon which the payments were based, during normal business
hours at the location of the Company where such records are
maintained. However, no Company records may be duplicated or taken
from the Company's premises, and the City shall maintain the
.confidentiality of the information disclosed in these records and
use the information solely for the purpose of verifying payments
by the Company, except as may be provided by the Federal and State
public records laws.
Section 6. The Company shall indemnify, defend and hold
harmless the City against, and assume all liabilities for, damages
which may arise or accrue to the City for any injury to persons or
property from the doing of any work herein authorized, by the
Company or any of its employees, and the acceptance by the Company
of this franchise shall be an agreement by it to pay to the City
any sum of money, including reasonable attorney's fees, for which
the City may become liable from or by reason of such injury.
Section 7. The Company shall file with the City Clerk of the
City its acceptance of this franchise within sixty (60) days from
final passage.
Section 8. Nothing in this franchise shall be construed as a
3
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surrender by the City of its right or power to pass ordinances
regulating the use of its streets, rights -of -way, or granting
similar agreements.
Section 9. The permission granted by this franchise, if
accepted by the Company, shall be in force and effect for a term of
fifteen (15) years from and after April 21, 1989.
Section 10. This Ordinance and Franchise Agreement shall be
codified in the City's Code of Ordinances.
PASSED AND ADOPTED THIS DAY OF 1989
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORX:
CITY ATTORNEY
\SBELL.FRANCHISE
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH IIIAXI, FLORIDA, DENYING A VARIANCE TO ALLOY A DRY
CLEANING PLANT ON A NON - ARTERIAL ROAD ON PROPERTY LEGALLY
DESCRIBED AS THE N. 120' OF LOT 25 AND THE T. 120' OF LOT 26
OF THE AMENDED PLAT OF COOPERS SUBDIVISION, AS RECORDED AT
PLAT BOOK 4, PAGE 152, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, A/K/A 5828 S.V. 71ST STREET, SOUTH ]MAXI, FLORIDA.
AGENDA ITEM PB- 89 -004A
WHEREAS, the applicant has requested a variance to
construct a dry cleaning plant on a non- arterial road and the staff
recommendation is for denial; and
WHEREAS, at a public hearing on May 30th, 1989, the
Planning Board voted 4 -1 to deny the request.
NOV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a variance to allow a dry cleaning plant
on a non- arterial road on property legally described as:
The N. 120' of Lot 25 and
the amended plat of
recorded at Plat Book 4,
Records of Dade County
71st Street, South Miami,
is hereby denied.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
CITY ATTORNEY
Resolut \89 -004A
the N. 120' of Lot 26, of
Coopers Subdivision, as
Page 152, of the Public
Florida, a /k /a 5828 S.W.
Florida
day of 1989.
APPROVED:
MAYOR
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ASAP REFERENCE:
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ZONING PETITION
Property Description, Location and Legal:
LOT 25-26 4.
5828 S.- W. 7.1 ST. SOUTH YJAMIo FLORIDA 33143
Request: The Owners of theabove property have made the following request:
MR. MARIO CAPONS, OWNER OF MARIOS TAILOR SHOP AND DRYOLRANERS 15
REQUESTING VARIANCE FROM THE CITY OF SOUTH MIAMI FOR A DRYCLIkNING
PLANT AND ADDITIONAL EXPANSION ON THE REAR OF MY BUILDING.1400 TO
1500 SQUARE FEET TOTAL.
Petition: We, tbe'undersigned.-pro
owners,
are
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-within 300 feet of the
property. We understand and
approve
the
above request.
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Property Description, Location and Leaal: LOT 25,,-26
5828 s.w 71 st.soutb miani florida 33143
mario Capone ,
variance from 5- 13 - -3 -02 of the zoning ordinance to
allow a dry cleaning plant on a non arterial road.
Request : The Owners of the above property have made the following request:
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Petition: We, the undersigned property owners, are within 10D feet of the above
property. We understand and approve the above request.
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MINUTES
Planning Board
May 30, 1989
City Commission Chambers
Tuesday, 7:30 PM
A. Call to order and The Pledge of Allegiance to the Flag of the
United States of America.
B. Roll Call.
Present Absent
Manuel Gutierrez Susan Kraich
Larry Ligammare Tom Cooper
Neil Carver
John Andrews
Robert Parr
Also in attendance were: Bill Mackey, City Planner; Sonia Lama, B
& Z Director; John Dellagloria, City Attorney.
C. Introducing the new member, Mr. Robert Parr.
D. Public Hearings
PB -89 -004 A
Applicant:
Mario Capone
Request :
Variance from Section 5- 13- 3 -.02 of
the Zoning Ordinance to allow a dry
cleaning plant on a non - arterial
road.
Location:
5828 S.W. 71 :treet
Legal Description:
The North 120.0 feet of Lot 25 and
the North 120.0 feet of Lot 26 of
amended plat of Coopers subdivision,
according to the plat thereof as
recorded in plat book 4 at page 152
of the public records of Dade County,
Florida.
1
Mr. Mario Capone signed in then gave a short history of his
application. In 1981 he was approved for a dry cleaning plant
to a non - arterial road. About a month ago, he received approval
for expansion of his building and a variance for parking. At the
following Commission meeting, he was informed that the 1981
variance had expired. He was not informed of this during the time
he was dealing with the City on his new application. Tonight he
is asking for approval for a dry cleaning plant on a non- arterial
road.
Public Hearing was closed as there were no others present to speak
either for or against this matter.
Staff was asked to report their recommendation. Mr. Bill Mackey,
City Planner reported that a denial is recommended due to the fact
it represents no hardship. In the Zoning Ordinance, special use
is permitted for dry cleaning plant provided that it is located on
an arterial and is no closer than 100' from any residential
district. This one is not located on an arterial and in addition,
the C -2 Zoning, which is located is designed for a minimum lot of
50' x 100'. This lot is 50' x 1201. There is no proof of hardship
In addition, the Consultant for the new Zoning Code indicates that
this use is not a hardship in their opinion. Also, it would not
correspond with the planned future of the area.
Mr. Gutierrez asked Mr. Mackey if there are any changes in the area
today which are different from those at the time Mr. CApone was
granted the original variance.
Existence of the Bakery Center is the major difference. The area
was considered a heavy traffic area at that time, just as it is
today.
According to the State of Florida definition, an arterial involves
lanes and direction, which includes U.S. 1. A small or residential
street is not considered an arterial.
Staff was asked if the nature of this business would create any
other hardship for the area such as smell, chemical by- products,
etc. The original reason for not allowing this business on non -
arterial roads is that it tends to generate heavy traffic during
rush hours. The general area is meant to be comparison retail,
small shopping, pedestrian oriented and a dry cleaning plant does
not 'comply.
Regardless of whether the plant generates more or less traffic, the
variance is being grated for a specific hardship on the property
an not for reasons of convenience, profit or , according
to the Code.
A variance was granted August 11, 1981 for landscape of 5' is
required, landscaper buffer strip to be of and a second variance
2
for a dry cleaning plant on a non- arterial road. In the Planning
Board meeting, the variance granted for the landscape stated that
the location of the building made maintaining a landscape buffer
difficult because of litter, etc. or too heavily trafficked to
maintain landscape. In the second case, since the plant next door
already existed and the present business received cleaning already
that was considered acceptable. It is not known yet if they
actually proved hardship, additional research will be made.
The time limit for the variance to be acted upon before lapsing is
six months.
Mr. Andrews asked of B & Z Director Sonia Lama why she had written
a letter to Comprehensive Plan Consultant Robert Swarthout on March
28, 1989 specific to this application. Her answer was that she
had wanted his interpretation of the new land use designation and
how it was or was not compatible with this particular use. Mr.
Andrews advised Board members to read the letter because of its
pertinence to the matter at hand.
Vice Chairman Andrews called for a motion as there was no further
discussion.
Motion made by for approval of the variance as
requested, seconded by
Mr. Capone wished to make additional comment. For the past few
months, he feels that he had had a very hard time with the City
regarding this matter. He is glad that Mr. Andrews brought out the
reason for this letter having been written (i.e. to Consultant
Swarthout). Each time he was asked to bring in information, he
complied. Several months ago, he turned in signatures with no
questions asked. He had to get new signatures at this time, from
property owners. He did not want to use the work "grudge" against
Mario's Tailor Shop. He had been questioned so often about the
signatures. If it had been researched, the same signatures from
several months back were repeated at this time. His integrity was
questioned. If he cannot get approval, he will have to move out
of South Miami and lose 20 years of work because something is wrong
with the Planning Department - somebody has a grudge against Mario's
Tailor Shop and has been proving it time and again. When he came
to apply, he asked the City for such and such zoning, they
suggested what kind of variance he needed. He found out last week
that if he had been informed properly, since he had a contract with
Bakery Center for parking, he didn't need to apply for a parking
variance. Somebody is not doing their work.
Neil Carver commented that up to now the Board had been dealing
with hardship issues more loosely than they should have based on
the understanding they had of ordinances governing' them. It must
deal with the land in particular. When the Board was under the
impression that Mr. Capone already had a variance for a dry
3 -
4
cleaning plant, when it came up that the plant could not be built
because of other reasons, then it was appropriate as a- variance
because of the way the land is situated and the fact that if it was
approved for a dry cleaning plant, it could be done unless there
was a variance so there was a hardship in that sense. We were not
advised the last time this came before us and we voted that there
was no variance for a dry cleaning plant. It just did not exist.
Because of the way the City did business years ago, there probably
was no hardship for allowing the variance. Mr. Carver has no
problem with granting a variance for a dry cleaning plant. But,
from my understanding of the law regarding "hardship" other than
the fact that Mr. Capone's business will suffer. The Board was
told by the Planner that the only way for this to be changed is not
for a variance to be passed but for an ordinance to change the
zoning code. According to the law, we cannot grant a variance here
because hardship cannot be justified. We exist by the law and the
law says we can't grant a variance because hardship cannot be
shown. It can only be changed by changing the ordinance itself.
Maybe to everyone's regret;; if you cannot be granted a variance,
you may have to relocate your business somewhere else.
City Attorney Dellagloria questioned Mr. Carver as to what zoning
ordinance he was referring to which Mr. Carver had no answer. Mr.
Dellagloria explained that what Mr. Carver means is that it may
require a change in the Comprehensive Plan because our current
zoning ordinances which are in place allow this as a special use.
I don't know if Mr. Carver and Mr'. Mackey are referring to the
Comprehensive Plan but if that is what they mean, I think they
should correct that for the record.
Mr. Mackey stated that the zoning code allows that use as a special
use on an arterial road but not on an non - arterial road.
Mr. Dellagloria added that it allows it in the district so
therefore one of the requirements is that it be on an arterial
so under our zoning -code, it is perfectly proper to request this
variance for that particular aspect of the conditions to be on a
non - arterial. But it is not impermissible under our zoning code.
The consultant's letter did not address itself to the zoning code.
It addressed itself to the Comprehensive Plan.
Mr. Carver asked Mr. Mackey for his opinion as to whether or not
this is an appropriate item for a variance and is there a hardship.
Mr. Mackey stated that, as further clarified by City Attorney, from
that perspective, then it would be permissible to ask for a
variance but a variance implies a hardship, so maybe it is
permissible to ask, but is there a hardship is the deciding factor.
Mr. Carver asked that, in Mr Mackey's professional opinion, is
there a hardship here being shown legally.
4
Running with the land, No was Mr. Mackey's reply.
And that is the only basis for granting one, not for applying for
one. The Board makes a non - binding recommendation to the
Commission. There is nothing in the law that would prohibit the
Commission from making either an approval or denial decision.
City Attorney stated that Mr. Carver's point is well taken,that at
some point the applicant has to place a hardship on the record
and then it is up to this Board to determine whether or not, based
on the representation of the applicant, that hardship is something
that affects the land and it is up to the Board to accept the
hardship and request.
Question was called: The motion is to approve the variance
request.
Vote: Approved: 1 Opposed: 4
Neil Carver
John Andrews
Larry Ligammare
Robert Paar
5
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On Tuesday, May 30, 1999 at 7:30 FS in the City Commission
Chambers, The Planning Board of the City of South Miami will
conduct a Public Rearing on the following matters.
PS -84 -004 A
Applicants Mario Capone
Requests Variance from Section S•13 -3•.02 of
the jMdag Ordinance to allow a dry
cleaninq plant on a nor - arterial
road.
Location: 5928 S.M. 71 street
Legal Description: The ]North 120.0 feet of Lot 25 and
the North 130.0 feet of Lot 26, of
amended plat of Coopers subdivisfon,
according to the plat tboreot- as
recorded In plat book 4 at page 152
of the public records of Dade County,
Florida.
Applicant: Mayor and city commission of the
City of South Kiwi.
Requests Amendb* Section 8-4 -5 of Chapter 20
Of the city's zoning cods to i koltade
certain types of craft from the
City's boat and Trailer storage
regulations.
Applicant: Mayor and City Commission of the City
of South Miami.
Request: blending Section 12 -3 -4 of Article
X11, Chapter 20 of the city's Code
of ordinances by providing for
exemption of mailing of notice to
property owners within 500 feet of
any property for which a Public
Hearing is to be held
regarding City initiated plan
Amendments, or land development or
zoning regulations implementing an
adopted Comprehensive Plan or Plan
Amendments.
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS mrxTiNG OR HEARiNag SUCH PERSON Wit_!., NEED A RECORD OF THE
PItOCC901HOS, AND FDR SUCH pVRtOS[ MAY NEED TO ENSURE THAT A VERSATIMt RECORD AP THE PRO -
C9C01"OS Is MA811t6 WHICH RECORD imci -uocs THE TESTimoNY AND EVIDENCE UPON WHiCIt THE APPEAL.
1A TO •a eASKD. (R. s. 18% gin)
ILIC " CAMINO WILL 819 Haa.o IN THC COMMISSION CHAM8ZRS AT THE CITY HALL, 6190 SV14SET oRIVy SOUTH
mM4ta /4CMIDA, AT TUC TIM X ARID DATE` eTATKD AedY1r,
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AREA INVOI vRo. THE SOMOIS RiICOMMeNDATION ON THig MATTE#! WILL. 6C HEARD ltv; 61
A aFVTUita OATt, iNTCRCSTED PARTI1CS RE4t4KSTING ENFoRNiATI&# ARC ASKED TO CONTACT
t'NG DIReCTOR NY CALLING "7 -1giii on aY W'RiTiNO. REFIM TO 14EARINGf NUMBER W1
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ROBERT l4. SWARTHOUT, INCORPORATED
400 South Dixie Highway, Suite 121 ,
Boca Raton. Mori& 95492
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March 28 1989
•
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BZCD
SU CT. Variance application dated 3.24 -89 frorn Marto
Capone, bearing number PB 89-004
Dear Me.
Pursuant to your request, we are confirming in writing that the subject,
variance should not be granted. We hold this opinion for the fol os
reasons:
I. mare understand the application, the
expansion of a building in order to ace
cleaning plant facilities on a site whirl
and dry cleaners. A tailor shop and di
consistent with the Specialty RetaiURe
i,
the Land Use Plan. However, a laundry or dry cleaning yhA would
not be consistent.
2. The fact that the proposed use may have been permitted or even
approved under previous plan regulations has no bearing on the
present application, unteea tine appr'nt can show a vested interest,.
There is no such showing in the documentation provided to us.
3. Then requested expansion is in no way eligible for consideration as a
gr d thered use. Grandfathering is a concept that applies only to
an existing use at its existing intensity and size. It does not work to
permit expansion of a nonconforming use. Nor does it work to allow
expansion of a conforming use beyond the setback and other
applicable building bulk requirements.
4. There is absolutely no showing in the application that the "particular
hardship and extraordinary conditions" criteria set forth in Section
I2 -2-4 of the South Miami Zoning Ordinance are net. In our opinion,
no variance should be granted unless documenttitlon is provided that;:
such criteria are met. in this case, we doubt that they can be net.
If you have any
ff
have a Pay Plan, and has not taken, any action on it.
Additionally, the employees of the City are eligible for a 5%
salary increase on their anniversary dates if their performance
has been satisfactory or above, thus if the 3% passes, it makes
them eligible for an 8% raise.
Motion passed 4/1 : Mayor Porter, yea Vice Mayor Schwait,
yea; Commissioner Brown, yea; Commissioner Launcelott yea;
Commissioner McCann, nay. C. c• H.
A 6 RESOLUTION NO. 4/18/61
A RESOLUTION GRANTING A VARIANCE TO ALLOW A REAR SETBACK OF
FIVE 15l FEET WHERE FIFTEEN (15) FEET IS REQUIRED AND TO
GRANT A PARKING VARIANCE OF SIX (61 SPACES ON PROPERTY
LEGALLY DESCRIBED AS THE NORTH 120.0* OF LOT 25 AND THE NORTH
120.0 OF LOT 26, AMENDED PLAT OF COOPERS SUBDIVISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT SOON 4 AT
PAGE 152 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
Moved by Commissioner Brown, seconded by Mayor Porter, the
resolution be adopted and assigned the next number by the City
Clerk,
Mayor Porter deemed public hearing to be in session and
requested anyone wishingg to speak for or ,against the ordinance to
please step forward to be heard at this time.
IN Mr. Mario Capone, applicant, addressed the Commission. .He`
stated he had received approval of the Planning Board on his
application conditioned upon his leasing parking spaces for his
employees. He has gotten a.lease from Bakery Centre, ggay$hle
monthly renewable yearly`' --for this additional park`ing.,
It was brought to the attention of the CommissioA thrit tor.
Capone received both .variances to permit a dry cleaning 'plant on
that property and a Special Use Permit to permit the operation of,
a dry cleaning plant in 1981. City Attorney asked for t mie to
research the status of these prior documents and .how they may
affect the present request.
No one else wished to speak at public hearing and the public
hearing as deemed closed.
r
J.Ad Commissioner McCann said she oppposes the resolution. It
Judes department heads which continues the inequitities in
y o pay stale that makes department hand positions not
avtitive with others In the County. The City had advertised to
s A ray Plan and has not taken any action on it.
itionelly, the employees of the City are eligible for a 5%
:r r- salary increase on -their anniversary dates if their performance
has been satisfactory or above, thus if the 3% passes, it makes
them eligible for an 8% raise. ------
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e
RESOLUTION 10. 51 -81 -3983
A RESOLUTION OF THE CITY OF SOUTS MIAMI it
FLORIDA, GRANTING`MAARIO CAPONS A SPVCV&
USE IN A C -Z ZONE (t' INTOWN COMMBRCIAM
PERMITTING THE OPERATION OF A DRY CIXAX=G
PLANT WITH REGARD TO CERTAIN DESCRI
PROPBRTY LOCATED AT 5829 SOUTM91W 71ST
STREET, $0UTS K1AMI, FLORIDA.
wHEREAS, the Planning Advisory Board of the City of
South Miami, Florida, has recounended the granting of a Special
Use hereinafter permitted with regard to the property hereinafter
described.
NONO THEREFOR8a a8 It RESOLV90 mx AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI� it
Section =1. That Dario Capone be. 'and he fa hereby
granted a Special Us* permitting the operation of a dry cleanief
plant is a C -2 Zone (Downtown Commercial), with .regard to the
property located at $628 Southwest 71st Street, South Miami,-_
Florida, and more particularly described ass
The North 120 feet of Lot 258 and the Borth
120 feet of Lot 26,, COOPERS SUBDIVISIONe
according to the Plat thereof, as recorded
in Plat Book 4 # Page 152, of the Public
Records of Dade County, Florida.
PASSED and ADOPTED'; this 15th day of Sepbmber *1981.
APPROVED:
"�a
W
ORDINANCE No. 23-81-1117
AN ORDINANCE OF TUB CITY OF SOUTH MIAMI*
FLORIDA, GRANTING VARIANCES TO MARIO
CAPONS TO PERMIT A DRY CLEARING PLANT ON
A NON-ARTERIAL ROW AND TO PERMIT A 0
FOOT FRONT LANDSCAPE STRIP INSTEAD OF
THE REQUIRED 5 FENTs AS TO CERTAIN DEWURED
PROPERTY LOCATED AT S$28 SOUTHWEST 71ST
STREET, SOUTH MIAMI, FLORIDA.
WHEREAS* the Planning Advisory Board of the City
of South Miami# Florida, has recommended the approval of the
variances hereinafter granted.
NOVe THEREFORE, 98 IT ORDKINED By TER
CITY COMMISSION OF THE Cm_0F SOUTH MIAMI, 9
Section 1. That Mario Capone hereby
granted the following variances:
A. A variance to permit a dry cleaning plant. on a
non-arterial road.
B. A variance to permit a 0 foot fropt landscape strip
instead of the required 5 feet.
Section 2. All of said property is-located at
5828 Southwest 71st Street, South Miami, Florida, and more
particularly described as:,
The North 120 feet of Lot 25, and the North
120 feet of Lot 26, COOPERS SUBDIVISION#
according to the Plat thereof, as recorded
in Plat Book 4f Page 152, of the Public Records
of Dade County, Florida.
PASSIM and ADOPTED this
y tf 1981.
YEARLY PARKING AGRERNEHT
U�ay, h'?a3,o�so,
CARD NUMBERS 0via, 01 .11, V7qq DECAL VUNB R
STARTING DATE , % �, May 1♦ t q l 0
OFFICE NAME
OFFICE SUITE NUMBER OFFICE TBL. #
BILLING ADDRESS 5 S. W- ?J
CARDHOLDERS$ NAME
Eli
"-Y " W/? Gl -.
1. Parking space is available only during the posted.business hours
of operation, which may be changed by the Management from time to
time at its sole discretion. '
2. Monthly rate for rental of parking space is payabl# ln:. advancae
on the first business day of each noitIC.' adjut AM
time to time upon written zotioe. Furtbo nor*
, a• dept sit 'e�f _ .d0
per card per year is required. No deductions or All. s fray
the monthly rate will be made for days the customer, does not use the
Parking facility. Customers. not paying first ,of the mouth will
not have access to the parking area and will be subject to paying'
the posted daily rate, for which there rill be no refund.
3. One "key -card will admit only one car at any one time. Customers
will always use the key card at both the entry and the exit gates
to maintain their computer c'ontinui'ty. � Failure "to do" 'will
prohibit reentry or exit and cause' delays.
4. Management will provide one key card. If a key card is lost,.
stolen or damaged, another will be issued upon payment of the
replacement card fee. The replacement fee is $15.00.
5% Monthly parker agrees to refrain from parking in the visitor
parking area and comply with of er rules, lot procedures and regu-
lation as may now exist or may hereafter from time to time be modi-
fied or added without notice and at the Managements' sole discretion.
6. Customers will park and lock their own cars. Management does not
assume responsibility for any contents thereof nor for any damage to
or theft of the. cars or parts thereof.'
7. Changes in or, exceptions to the provisions ars valid only. `1f�aet
forth in writi", the Managem. '
AA
t ;e i.
Lion of
9. Custoiner may be reel
bumper of their car. Thi
the Management.
CU
A to display -a park A
decal may be changed
tecai on the rear
time to Uji
w
City of South Miami
INTER--OFFICE MEMORANDUM
♦o: Sonia Lama DAM May 25, 1989
Building & Zoning Director
«o«�: Soheila Goudarzi suWacT: P11- 89 -004A
Planner Mario Capone
Applicant: Mario Capone
Request: Variance from Section 5 -13 -3.02 of
the Zoning ordinance to allow a dry
cleaning plant on a. non - arterial
road.
Locations 5628 S.N. 71 street
BACItC�OUND
The applicant wl shes. to expand him present dry cleaner and,ta for
shop to include a dry cleaning plant.
The following two variance requests were heard W the Pildmnq
Board on March 14, 1989:
Request #1 - A variance from section 5- 13- 3.02_of the 8oninq
ordinance to allow a rear setback of .five (5)
feet where fifteen (15) feet are required.
Request 12 A variance " frog section-,7, 1 -1. C4 vof the -foh ng
Ordinance to allow zero (0) additional parking
spaces where six (6) are required for the
proposed additional area.
The Planning Board recommended approval of both requests
conditioned upon the applicant's leasing of six (6) parking spaces.
Section 7 -1 -3.01 of the Zoning ordinance allows joint parking for
non - residential buildings if those parking spaces are within five
hundred (Soo) feet.
Applicant has leased 6 parking spaces from the Bakery Centre.
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MINUTES OF A REGULAR MEETING
PLANNING BOARD, CITY Of SOUTH MIAMI
AUGUST 119 1381
The meeting was called to order by Vice Chairman Coburn at 7:32 PM.
The Pledge of Allegiance to the flog of the United States of America
followed.
PRESENT: Lorry Glickman
Bernard Nicholson
Helen NargoliA
Edward N. Coburn
Lee Perry
Chairman Ronald K. Smith (70S PK)
ABSENT: Dr. Carl Snyder
Also present was Mr. Carter McDowell, Director of Building, Zoning and
Community Development.
* Public Hearing #81 -17
Mario Capone
Request: 1. Special Use Permit to allow a dry cleaning plant in a
C -2 (Downtown Commercial) zoning district.
2. Variance to allow a dry cleaning plant on ar aon =ar-
teria►l road.
3. Variance to allow no front landscaped strip where ?
foot is normally required.
Legal Description: North 120 feet of Lot 2S and the North 120 feet
of Lot 26, Coopers Subdivision, PI -4/1S2
Location 5828 S.11. 71 Street
Vice - Chairman Coburn opened the Public Hearing by inviting Mr. McDowell
to present the Staff Recommendation which recommended approval since
a dry cleaning plant is already located adjacent to the property. hence
granting this special use permit and associated variance will have
little effect on the existing commercial character or traffic in the
area. Regarding the variance to allow no front landscaped strip,
Mr. McDowell pointed out the hardship created by the location of the
existing building and the past history of litter and other problems
in the area.
Mr. Mario Capone, owner of the business, addressed the Board in favor
of the above three requests. Mr. Capone, who already has an established
dry cleaning and tailoring business in this location, said he would .
like to have a dry cleaning facility there so that he would not have to
contract out his dry cleaning. He feeds he has good support from his.
customers and could brinq -more business -into South Miami white provid-
i ng better service for his customers._
— - -= - - - - --
�sY
Both requests were deferred by the City Commission on April 18,
1989.
On September 15, 1987 the City Commission adopted the fallowing:
1. Resolution No. 51 -81 -3987 granting Mario Capone a special
use permit for the operation of a dry cleaning plant in
a Cs2 Zone.
2. Ordinance too. 23 -81 -1117 granting Mario Capon& two
variances one to allow a dry cleaning plant on a non-
arterial road and the other to allow no front landscaping
where a five (5) foot planting strip is required.
According to the Zoning 0rdin&nce, Section 13 -4 a A .granted
variance shall lapse after the expiration of six (6) months if no
substantial construction or charge of use has taken place in
accordance with the plans for which such variance was granted,,...•
Since the applicant did not build a dry cleaning plant on a non-
arterial within 6 months of granting of the variance he is raw
applying for a new variance.
kullf RTC
Section 5 -13 -3.02 of the Soning ordnance allows a Ilea n
Plant under a special use -'
District,* per�tit fs the C 1, rc�,ni
provided that it is iacated on an c tua
closer than one hundred (200) feet to s .
ny resfd�Esit.'6
The ro '
P posed plant f s located. on--?I St, which, : is t anal,
and is more than one hundred (100) feat away fr+0� residential
district..
The area of the proposed dry cleanin plant has been designated
"Specialty retail /residential* in the adopted Comprehensive ,Land
Use Plan.
*The specialty retail /residential use'`cat
facilitate maintenance of the basic character ery � the Sunset
commercial area. Zoning regulations that implement the category
should require comparison retail uses at grade level. '`Restaurants
and a limited range of non - comparison retail uses +could also be
permitted. Banks and similar uses that don not reinforce the
comparison retail environment should be prohibited or very strictly
limited. Zoning regulations should permit either retail and /or
Office uses at the second floor, if a second floor is built.
Zoning regulations should permit only residential uses at the third
and fourth levels, if third and fourth levels are built. This
language shall not be construed to require the development of
second, third, or fourth floors in conjunction with a first floor.
_Z,
t x
Vice Chairman Coburn invited other persons to speak in favor.
Mr. Harold Margolin addressed the Board. Mr. Margolin, who is the
owner of the property in question noted that in the past the ques-
tion of landscape strips was unresolved with the City since this is a
heavily traveled street and it is almost impossible to maintain the
required landscaping. He offered to show pictures to illustrate his
Point. He also said that the existing businesses on this street gen-
erate considerable traffic, particularly in the late afternoon. It
was also his view that Mr. Capone`s business would create more Jobs
in South Miami.
There being no one else speaking regarding the Request, Vice
Chairman Coburn deemed the public hearing closed.
MOTION: By Mr. Michelson, seconded by Mr. Perry to approve the
three requests.
In the ensuing discussion, Chairman Smith questioned Mr. McDowell
regarding the reason why dry cleaning plants are allowed:,t4 _4 rate
only on arterial roads. Mr. McDowell said that then-lit'i`ites
tend to generate traffic during -rush hours. However, W'
out that the location is close to U.S. #It and a dry cleaning
plant already is in business next door. Hence this application
for a second dry cleaning plant will have virtually no effect.. The
applicant already receives dry cleaning oIn the site, Me merely
wishes to clean it there rather than sending x +aotr R }^
t �4 -
VOTE ON MOTION:- Larry clicknaa yea
Bernard Michelson
Helen Margolia _' bstain' .
Lee Perry - yes
Ronald K. Smith yes
Edward H. Coburn yes
MOTION APPROVED. -
Vice Chairman Coburn turned the meeting over to Chairman - .Smith.
Public Hearing #81 -20 Zoning Joint Task' force
Request: Proposed amendments to the RO (Residential Office) District
Regulation.
_Chairman Smith declared the Public Bearing in session and invited
Mr. McDowell to present the Staff Recommendation.
Mr. McDowell said that-the Staff recommends approval of these amend -
ments. The Zoning Joint Task Force has worked hard on these propo-
sals and has developed a very even- handed approach to the RO dis-
trict. The new ordinance will.protect the residential character of
the district and provide better protection for tie a trill
family areas than the original ordinance_a yet
buildable area to ensure high quality protects .in ..keepin,wi.
intent of the district.
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RESOLUTION Rio. 51 -81 -3987
A RESOLUTION OF THE CITY OF SOUTR MIAMI,
FLORIDA, GRANTING I� —10 CAPONS A SPECIAL
USE IN A C -2 ZONE (DOWNTOWN COMMERCIAL ),
PERMITTING THE OPERA:`ION OF A DRY CLEANING
PLANT WITH REGARD TO CERTAIN DESCRI FED
PROPERTY LOCATED AT 5828 SOUTMMST 71ST
STREET, SOUTH MIAMI, FLORIDA.
WHEREAS, the Planninc Advisory Board of the City of
South Miami, Florida, has recommended the granting of a Special
Use hereinafter permitted with regard to the property hereinafter
described.
NOW, THEREFORE,, BE IT RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Kario Capons be,, and he is hereby
granted a Special Use permitti.mg the operation of a dry cleaning
plant in a C -2 Zone (Downtown Coam►ercial)p with regard to .the
property located at 5828. Southwest 71st Street, South Miami,
Florida, and more - particularly described ass
The North 120 feet of Lot 25, and the North
120 feet of Lot 260 CAPERS SUBDIVISION,
according to the Plat thereof, as recorded
in Plat Book 4, Page 152, of the Public
Records of Dade Counts, Florida.
PASSED and ADOPTED this 15th day of September ,1981.
Attest:
it
APPROVED;
for
s
ORDINANCE N0. 23-81 -1117
AN ORDINANCE OF THE CITY OF SOUTH XIAMI,
FLORIDA, GRANTING VARIANCES TO MARIO
CAPONE TO PERMIT A DRY CLEANING PLANT ON
A NON- ARTERIAL ROAD, AND TO PERMIT A 0
FOOT FRONT LANDSCAPE STRIP INSTEAD OF
THE REQUIRED 5 FEET, AS TO CERTAIN DESCRIBED
PMPERTY LOCATED AT 5828 SOUTHWEST 71ST
STREET, SOUTH MIAMI, FLORIDA.
WHEREAS, the Planning Advisory Boa-rd of the City
of South Mimi, Florida, has recommended the approval of the
variances hereinafter granted,
NOKs THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COMN.ISSION OF THE CITY OF SOUTH MIAMI, FLORIDA.—: ,
Section 1. That Mario Capone be, and he is, hereby
granted the following variances:
A. A variance to permit a dry cleaning plant on a
non - arterial road.
$. ,A .variance to permit a 0 foot front landscape strip
instead of the required 5 feet.
Section 2. All of said property is located at
5828 Southwest 71st Street, South Miami, Flcrida, and more
particularly described as:
"`he North 120 feet of Lot 25, and the North
120 feet of Lot 26, COOPERS SUBDIVISION,
according to the Plat thereof, as recorded
in Plat Book 4, Page 152, of the Pudic Records
of Dade County, Florida.
_ PASSSED -and ADOPTED this 15th day of Sep'twber ,1981.
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X-- X}S 181 T a
DEDICATION OF RIGHT OF WAY
WHEREAS, the Metropolitan Dade County Plat Committee has
required that BANYAN LANE, INC. dedicate a right-of-way for
Southwest 66 Avenue to the City of South Miami and,
WHEREAS, BANYAN LANE, INC. is the fee simple, legal title
holder of the following described property ands
WHEREAS, BANYAN LANE, INC. desires to dedicate the following
required right -of -way for Southwest 66 Avenue to the City of South
Miami;
NOW, THEREFORE, BANYAN LANE, INC. hereby dedicates in
perpetuity to the City of South Miami the following - described
right -of -way for Southwest 66 Avenue, to wit:
The East 25 feet of the following described parcels:
The South 1/2 of the South 264 feet of the North 490.92
feet of the West 1/2 of the West -1/2 of the SW 1/4 of
the SW 1/4 of Section 25, Township 54 South, Range 40
East, less the West 35 feet thereof, lying and being in
Dade - County, Florida.
And:
The North 1/2 of the South 264 feet of the North 490.92
feet of the West 1/2 of the West 1/2 of the SW 1/4 of
the SW 1/4 of Section 25, Township 54 South, Range 40
East, less the West 35 feet thereof, lying and being in
Dade County, Florida.
BANYAN LANE, INC., a
Florida corporation
By:
STEPHEN ROTH, President
APPROVED AND ACCEPTED as to content and form by the City of South
Miami:
By:
COVENANT RUNNING WITH THE LAND
r-.x)4 Ia IT 3
WHEREAS, BANYAN LANE, INC., a Florida corporation, is the fee
simple owner of the following described real property, to wit:
PARCEL I: The South 1/2 of the South 264
feet of the North 490.92 feet of the West
1/2 of the West 1/2 of the SW 1/4 of the SW
1/4 of Section 25, Township 54 South, Range
40 East, lying and being in Dade County,
Florida, less the West 35.feet thereof; and
PARCEL II: The North 1/2 of the South 264
feet of the North 490.92 feet of the West
1/2 of the West 1/2 of the SW 1/4 of the
SW 1/4 of Section 25, Township 54 South,
Range 40 East, lying and being in Dade
County, Florida, less the West 35 feet
thereof; and
WHEREAS, BANYAN LANE, INC. has applied for a Waiver of Plat,
Plat No. D -16661 and
WHEREAS, one of the requirements of the Metropolitan Dade
County Plat Committee is that a Limited Access Agreement be recorded
for the easterly property line in order for said waiver of plat to
be granted;
NOW, THEREFORE, BANYAN LANE, INC. hereby covenants and agrees
as follows:
1. That Lot 3, more particularly described in Exhibit "A ",
attached hereto and made a part hereof, and Lot 4, more particularly
described in Exhibit "A ", attached hereto and made a part hereof,
shall never, except during the construction phase of the Banyan Lane
project, have vehicular access to Southwest 66 Avenue, Which is on
the easterly property line of said property.
ATTEST: BANYAN LANE, INC., �.
Florida cor ration _
By
STEPHE ROTH, President''.
SWORN TO AND SUBSCRIBED before me by STEPH ROT eal r•-end
Secretary ,,qq BANYAN LANE, INC., a Florida corpora ion 's`- � da
of JV , 1989.
NOTARY BLI , t e Tfi -_ =
Florida at L rge i
My Commission pirles:=
Wwy Rtk 3W* of FWft M L&VO
W cww"w Der. 7, tow
9
LCGtL 09,AMPT101a L0T Titan
That Certain paresi 1Y1eq in the SW 1/4 of Section 25, Todnebip
66, Mange 40 Met of Dais County, Florida trace particulaty
described of follewst
Commence At Ns M ooroor of sold Section 26, thence north a109
the Vast line of Nid section 2% for a &#tee" of 018.30
feet;thetos lot OS'1S's tot a dletapes of 177.96 feet to the
POINT or SWIMMING of the borein dteeribed parcel; tbsnce
fit 04' 16.9 for 66.10 foots theetoe 000 10' 26't toe 131.9# lost;
Ummwe 541 N' 666'1► for 161.26 lest: thence S35 13' 6t►'9 tot
taa.711 to the ?OUN or WIMYI.M.
Li AL ptfC> map Ldt no
That certata parcel lrin9 is the SW 114 of !settee 2S, p
$6, L14e 60 Bast of Deft County, Fletide *ors psrtioulary
describe! as follows:
es at the so cotter of said Section 25, tb*noe Borth 610"
the West line of said Section 2S tot a distance of 1062.36 test]
tbence fib 66116.9 for a distance of 261.77 test to the POINT OF
WAI M<IM of the berelm desoribod parcel; theace Sit OS' 15'9 for
66.00 toot] tbw4e goo 10' HOW for 131.tt testL thence
00! 06 4S -V tact 161.16 1"t1 thoa" 936 1S 12 it for 161.77 toot
io the POINT of %W11WI11G:
1
e
e
9
TO: Mayor and City Commission
FROM: John C. Dellagloria, City Attorney
RE: Banyan Lane
DATE: June 7, 1989
Enclosed please find a copy of the Declaration of Covenants for
Banyan Lane. The only language I requested is found in Section 2
(d) at p. 4, Section 6 at p. 5, Section 1 at p. 13 and Section 5 at
page 14.
If you have other concerns, please contact me.
U
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DECLARATION
OF
COVENANTS
FOR
BANYAN LANE
THIS DECLARATION is made this day of ,
1989, by BANYAN LANE LIMITED, a Florida Limited Partnership,
hereinafter called "Developer ", which declares that the real
property described in Article II, which is owned by Developer,
is and shall be held, transferred, sold, conveyed and occupied
subject to the covenants, restrictions, easements, charges and
liens (sometimes referred to as "covenants and restrictions ")
hereinafter set forth.
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration,
(unless the context shall prohibit), shall have the following
meanings:
(a) "Association" shall mean and refer to BANYAN LANE
HOMEOWNERS' ASSOCIATION, INC., a'Florida corporation, not for
profit, which is to be incorporated.
(b) "The Properties" shall mean and refer to all such
existing properties, and additions thereto, as are now or here-
after made subject to this Declaration, except such as are
withdrawn from the provisions hereof in accordance with the
procedure hereinafter set forth.
(c) The "Development" shall mean all property legally
described in Exhibit "A" attached hereto, owned by Developer and
intended to be made part of 'a common scheme of development here-
under.
(d) "Common Facilities" shall mean and refer to all
property described in Exhibit "B ", according to the Waiver of
Plat, together with all landscaping and walls, entry features,
signs erected by the Developer to identify the Development, gate
and security system, any special design features lying within
public rights of way, even if',lying outside of the boundaries of
the Development (such as landscaping), private streets, sidewalks,
lighting and entrance feature's, excluding any public utility
installations thereon. Developer shall have the right, subject
to obtaining all required governmental approvals and permits, to
construct such Common Facilities as Developer deems appropriate.
The timing and phasing of all: such construction shall be solely
within the discretion of the Developer.
(e) "Lot" shall mean and refer to any Lot on the plat of
the Development, Which plat is designated by Developer by recorded
instrument to be subject to these covenants and restrictions, any
Lot shown upon such plat, and any other property hereafter declared
as a Lot by the Developer and made subject to this Declaration.
(f) "Residential Lot" shall mean and refer to all Lots.
(g) "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title
to any Lot situated upon The Properties.
(h) "Member" shall mean and refer to all those Owners who
are Members of the Association, as provided in Article III, Section 1,
hereof.
9
W "Residential Unit" shall mean and refer to any
dwelling unit constructed on a Lot (whether separately owned or
rented by the Owner of such Lot in a single - family building,
rental or otherwise) on any parcel of land within The Properties,
which land is designated by Developer by recorded instrument to
be subject to these covenants and restrictions.
(j) "Developer" shall mean and refer to BANYAN LANE
LIMITED, its successors and such of its assigns as to which the
rights of Developer hereunder are specifically assigned, provided
always, however, that if such rights of Developer are so assigned,
no amendment may be made to this Declaration without the prior
written consent of BANYAN LANE LIMITED as long as BANYAN 'LANE
LIMITED owns any property within the Development. This paragraph
may not be amended.
(k) "Landscaping and Sidewalks" shall mean and
refer to W strips of land abutting the road surfaces of
Southwest 66 Avenue and - Southwest 67 Avenue , lying within the
rights of way of such roadways for the length thereof within the
Development regardless of whether such roadways be public or
private, together with (ii) any additional strips of land of
varying widths abutting the aforesaid strips for portions or
all of their entire length. Where such Landscaping and Pedestrian
Areas are indicated by a'wall, the wall shall be considered part
of such Areas and shall_ mark the-boundary-of such Areas. In all
other cases, the Developer shall make reasonable efforts to
indicate a physical boundary, between the Landscaping and Pedestrian
Areas referred to in clauses,(i) and (ii) hereinabove and such
other common 'areas but, in the absence of such physical boundary,
the Developer shall have the absolute right to determine the actual
boundary and such determination shall be binding on the association
and Owners within the Development. The fact that certain of such
Landscaping and Sidewalks _ are not legally described shall
not affect their character as Cannon Fa "cilities for purposes hereof.
All references in this instrument to recording data refer to
the Public Records of-Dade County, Florida.
(1) "Institutional Lender ", for the purposes of Article VI,
Section 7 hereof, means a bank, savings and loan association,
insurance company, pension fund, agency of the United States
Government, mortgage banker or company', the Developer or any affil-
iate of the Developer or other lender generally recognized as an
institutional -type lender, 'which holds a mortgage on one or more
lots.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Legal Description. The initial real property
which is and shall be held, trans' erred, sold, conveyed and
occupied, subject to this Declaration, is located in Dade County,
Florida, and is more particularly described in Exhibit "A ", attached
hereto, all of which real property is herein referred to as "The
Properties ". It is the present intention of the Developer that all
real property within the Development is part of The Properties.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membeer�rs�hhiD, Every person or entity who is a
record owner of a fee or undivided fee interest in any Lot which
is subject by covenants of record to assessment by the Association
shall be a Member of the Assocition. Notwithstanding anything else
to the contrary set forth in this Section 1, any such person or
entity who holds such interest merely as security for the perform-
ance of an obligation shall not be a Member of said Association.
Section 2. Voting Rights. The Association shall have two
(2) classes of voting Members:
Class A. Class A Members shall be all those Owners
as defined in Section 1, with the exception of the
Developer (as long as the Class B Membership shall exist,
and, thereafter, the Developer shall be a Class A Member
to the extent it otherwise would qualify). Class A
Members shall be entitled to one vote for each Lot in
which they hold the interest required for membership
by Section 1. When more than one person holds such
interest or interests in any Lot, all such persons shall
be Members and the vote for such Lot shall be exercised
as they, among themselves, determine; but, in no event shall
more than one vote -be -cast with respect to any such Lot.
Class B. The Class B Member shall be the Developer.
The Class B Member shall be entitled to one (1) vote,
plus six (6) votes for each vote -which the Class A Members
are entitled to cast from time to time, provided that the
Class B Membership shall cease and terminate one (1) year
after the last Lot within the Development has been sold
and conveyed and, all other portions of the Development
have been conveyed by Developer, or at any time prior to
that date at the election of the Developer.
Notwithstanding any provision to the contrary, the Developer
shall have the right to elect a majority of the Board of Directors
of the Association until one (1) year after the Developer no longer
holds the title to any portion of the Development, unless such
right is relinquished prior thereto, (whereupon the then - existing
Members shall be obligated 'to elect the Board. and assume control
of the Association).
Section 3. General Matters. When reference is made herein
or in the Articles, By -Laws, Rules and Regulations, Management
Contracts or otherwise to a majority or specific percentage of
Members, such reference shall be deemed to be reference to a
majority or specific percentage of the votes of Members and not
of the Members`' themselves.
ARTICLE IV
PROPERTY RIGHTS IN THE COITION FACILITIES
Section 1. Ownership. The Comon _Facilities are hereby dedicated
to the joint and several use, in common, of the Owners of all Lots
that may, from time to time, constitute part of The Properties in
the manner specified herein. When all improvements proposed by
Developer to be constructed within The Properties have been completed
and conveyed to purchasers (if applicable), or sooner, at Developer's
option, exercisable from time to time as to any portion or all of
the Ca=on Facilities,(except those areas lying within areas
no-t:'^ capable of being legally described, including, but not limited
to, the Landscaping and Sidewalks) I to the Association, and
the Association shall accept such conveyance, holding title for the
Owners, as stated in the preceding sentence. Beginning upon the
date these covenants are recorded, the Association shall be respon-
sible for the maintenance of all Coomm Facilities (whether or not
conveyed or to be conveyed to the Association) in a continuous and
satisfactory manner without cost to the general taxpayers of
the City of South Miami. It is intended that all real estate
taxes against that portion of the Common Facilitiesowned or to be
owned by the Association shall be proportionately assessed
against and payable as part of the taxes of the Lots within
The Properties. However, in the event that any such taxes are
assessed directly against the Common Facilities the Association
shall be responsible for the payment of same, including taxes
on any improvements and any personal property thereon, accruing
from and after the date these covenants are recorded, and such
taxes shall be prorated between Developer and the Association,
as of the date of such recordation. Developer shall have the
right, from time to time, to enter upon the Common Faciliti*sduring
periods of- construction, upon adjacent properties and for the
purpose of construction of any facilities on the Cbnmon_Facilities
that Developer elects to build, and Developer shall have the
right to use the Common Facilities for sales, displays and signs
during the period of construction and sales of all of the land
owned by Developer within the Properties.
Section 2. Members' Easements. Each Class A and Class
B Member of the Association and each tenant, agent and invitee
of such Member shall have a permanent and perpetual easement for
the use and enjoyment of all Common Facilities in common with all
other such Members of the Association, their tenants, agents and
invitees.
The rights of use and enjoyment are hereby made subject to
the following:
(a) ' The right and duty of the 'Association to levy
assessments against each Lot for the purpose of m[aintaining
the Common Facilities and facilities in compliance with the
provisions of this Declaration and with the restrictions
on the plats of portions of The Properties, from time to
time recorded by Developer.
(b) 'The right of the Association to suspend the
voting rights and right to use the Common Facilitiesand facil-
ities of an Owner and his designees for any period during
which any assessment against his Lot remains unpaid; and,
for a period not to exceed 60 days for any infraction of
lawfully adopted and published rules and regulations.
(c) The right of the Association to adopt, at any
time and from time to time, and enforce rules and regula-
tions governing the use of the Common Facilities and all facil-
ities at any time situated thereon, including the right
to fine Members, as provided in Article VII hereof. Any
rule and /or regulation so adopted shall apply until
rescinded or modified, as if originally set forth at
length in this Declaration.
(d) The right of the Association, by a two- thirds
affirmative vote of the entire membership, to dedicate
portions of the Common Facilities to a public agency under such
terms as the Association deems appropriate, provided the approval
of the public agency is acquired -
Section 3. Easements Appurtenant. The easements provided
in Section 2 shall be appurtenant to and shall pass with the title
to each Lot.
4 _
Ri
Section 4. Maintenance. The Association shall, at all
times, maintain in good repair, operate, manage, insure and
replace, as often as necessary, the Common Facilities, any and
all improvements situated on the Common Facilities (upon comple-
tion of construction by Developer), including, but not limited to,
gates, landscaping irrigation, landscaping, paving, drainage
structures, lighting fixtures and appurtenances, sidewalks,
excepting utilities, all such work to be done as ordered by the
Board of Directors of the Association. Maintenance of street
lighting fixtures shall include and extend to payment for electri-
city consumed in their illumination. Without limiting the gener-
ality of the foregoing, the Association shall assume all of the
Developer's responsibility to the City of South Miami of any kind
with respect to the Common Facilities, as described above, and
shall indemnify Developer and hold Developer harmless, with respect
thereto. All work pursuant to this Section and all expenses here-
under shall be paid for by the Association through assessments
imposed, in accordance with Article VI. No Owner may waive or
otherwise escape liability for the assessments for such mainten-
ance by non -use of the Common Facilities or abandonment of his
right to use the Common Facilities.
Section S. Utility Easements. Public utilities shall be
installed underground where permitted and feasible) in the
Common Facilities, when necessary for the service of the The
Properties or other lands within The Properties. The Developer
shall have the right, also, to install and maintain community and/
or cable TV lines, equipment and material in the Development and
perpetual easements are hereby reserved in the Developer over the
Common Facilities for this purpose. All use of the utility and
cable TV easements shall be in accordance with the applicable
provisions of this Declaration.
Section 6. Public Easements. Fire, police, health and
sanitation and other public service personnel and vehicles shall
have a permanent and perpetual easement for ingress and egress
over and across the Common Facilities. This clause cannot be
modified, amended or deleted, without the consent of the City of
South Miami and any other necessary governmental agency.
Section 7. Cross Easements. Each Member of the Association
and all tenants, agents and invitees of all such Members shall
have a permanent and perpetual easement to use W the common drive
and (ii) the Common Facilities.
ARTICLE V
Landscaping and Sidewalks
Section L. Maintenance. Without limiting the generality
of the provisions of Article IV, Section 4 hereof, the Landscaping
and Sidewalks shall be maintained by the Association, beginning
upon the date these covenants are recorded, in a continuous and
satisfactory manner, without cost to the general taxpayers of the
City of South Miami and without direct expense to the Owners of
the Lots upon which the Landscaping and Sidewalks are situated or
abut, except for their share of the general common expenses. Such
maintenance shall extend to any lighting fixtures and the payment
for electricity consumed in their illumination. All work pursuant
to this Section and all expenses hereunder shall be paid for by the
Association through assessments imposed in accordance with Article
VI. No Owner may waive his right- to use or otherwise escape
liability for assessments for such maintenance under this Section.
J&
5
Section 2. Limitations on Use. The Landscaping and
Sidewalks- shall be used for the purposes of landscaping
and for installation and maintenance of underground public
utilities and shall not be used by the Owners of the respective
Lots for parking or for any other purposes. No driveway access
or vehicular access to any Lots shall be permitted across any
Landscaping and Sidewalks, except for access to the sales
model areas.
Section,4. Landscape Maintenance of Individual Lots.
The Asspciation, by majority vote, may decide to maintain the
landscaping on each individual lot. The cost of said landscaping
shall be set by the-Association. All landscaping shall be subject
to approval by the Architectural Cpntrol Committee.
ARTICLE VI
ASSOCIATION -- COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligations
of the Assessments. Except as provided in Section 8 hereof, the
Developer for each Lot owned by it within The Properties, hereby
covenants and agrees, and each Owner of any Lot, by acceptance
of a deed therefor, whether or not it shall be so expressed in
any such deed or other conveyance, shall be deemed to covenant
and agree to pay to the Association annual assessments or charges
for the maintenance, operation, management and insurance of the
Common Facilities as provided in Article IV hereof, including, but
not limited to, the Landscaping and Sidewalks and other
items described herein-as Comdoon'Facilities, whether ox not such
items are on property dedicated to the County or owned by other
associations or otherwise, including such reasonable reserves
as the Association may deem necessary and capital improvement
assessments as provided in Section 3 hereof, such assessments to
be fixer, established and collected, from time to time, as here -
inafter provided. (In addition, special assessments may be levied
against particular Owners and Lots for fines, expenses_ incurred
against particular' Lots and /or Owners to the exclusion of other
and other charges against specific Lots as contemplated in this
Declaration. The annual and special assessments, together with
late charges, interest and costs, of collection thereof, as herein -
after provided, shall be a charge on the land and shall` be continu-
ing lien upon the property against which each such assessment is
made.) Each such assessment, together with late charges, interest
and costs of collec on 'thereof,'; as hereinafter' provided, shall
also be the personal obligation of all Owners of such property,
from time to time. All assessments shall be imposed equally
against all Residential` Lots within The Properties and those that
may, in the future, be subject to liens of the Association (except
as provided herein, with respect to charges or assessments which
are made against one or more Lots to the exclusion of other).
Section 2. Purpose of Assessments. The assessments
levied by the Association shalbe used exclusively for maintenance,
operation, management and insurance of the Common, Facilities, as
provided in ,Article IV hereof, and to provote the health, safety,
welfare and recreational opportunities, if any, of the Members
of the Association and their families residing with them (if
applicable') and their guest and tenants.'
Section 3. Capital Improvements. Funds in excess of $6,000.00
in any one case which are necessary for the addition
of capital' improvements (as distinguished from repairs and main-
tenance) relating to the' Common Faciitiesand which have not previously
been collected 'as reserves or are otherwise available to the
Association may be levied as special assessments by the Association
upon approval by a majority of the Board of Directors of the
Association and upon approval of 66 -2/3 percent favorable vote of
Members voting''at a meeting or by ballot, as may be provided by
the By -Laws of the Association, against Lots, in the manner speci-
fied in Section 1 hereof.
9 -a
Section 4. Date of Commencement of Annual Assessments;
Due Dates. The annua assessments provided for in this Article
VI s a3r-commence on the first day of the month next following
the recordation of these covenants.
The annual assessments shall be payable in monthly
installments or in annual or quarter- annual installments, if so
determined by the Board of Directors of the Association. The
assessment amount may be changed at any time by said Board, from
that originally stipulated or from any other assessment that is
in the future adopted. The original assessment shall be for
the calendar year (to be reconsidered an amended, if necessary,
every six (6) months), but the amount of any assessment to be
levied during any period shorter than a full calendar year shall
be in proportion to thenumber of months (or other appropriate
installments) remaining in such calendar.
The due date of any special assessment under Section 3
hereof shall be fixed in the Board resolution authorizing such
assessment.
Section 5. Duties of the Board of Directors. -The Board
of Directors of the Association. shall fix the date of commencemen -t -- -
and the amount of the assessment against each Lot for each assess-
ment period, at least 30 days in advance of such date or period,
and shall, at that time, prepare a roster of the Lots, the Owners
thereof and assessments applicable thereto, which shall be kept
in the office of the Association and.. shall be open to inspection
by any Owner.
Written notice of the applicable assessment shall thereupon
be sent to every Owner subject thereto, 30 days prior to payment,
except as to emergency assessments.
The Association shall, upon demand, at any time, furnish,
to any Owner liable for an assessment, a certificate, in writing,
signed by an officer of the Association, setting forth whether
such assessment has been paid as to any particular Lot. Such
certificate shall be conclusive evidence of payment of any
assessment to the Association therein stated to have been paid.
The Association, through the action of its Board of
Directors, shall have the power, but not the obligation„ to enter
into an agreement or agreements from time to time with one or
more persons, firms or corporations (including affiliates of the
Developer) for management services. The Association shall have
all other powers provided in its Article's of Incorporation and
By -Laws.
of
R
Section 6. Effect of Non -Pa
Assessment; The i Lien; Remedies o
Association. Th i hall collect he assessments
the Association.
Collection
Persona 0
e ssociat
of Assessment;
anon• The
onsa
co
Ct
ent
If the assessments are not paid on the dates when due,
(being the dates specified in Section 4 hereof), then such assess-
ments shall become deliquent and shall, together with late charges,
interest and the cost of collection thereof as hereinafter provided,
thereupon become a continuing lien on the appropriate Lot, which
shall bind such Lot in the hands of the then Owner, his heirs,
devisees, personal representatives, successors and assigns. The
personal obligation of the then Owner to pay such assessment shall
pass to his succesor in title and 'recourse may be had against
either or both.
j
_ 7 _
If any installment of an assessment is not paid within
fifteen (15) days after the due date, at the optin of the
Association, a late charge not greater than the amount of such
unpaid installment may be imposed (provided that only one late
charge may be imposed on any one unpaid installment and, if such
installment is not paid thereafter, it and the late charge shall
accrue interest, as provided herein, but shall not be subject
to additional late charges, provided further, however, that each
other installment thereafter coming due shall be subject to one
late charge each as aforesaid); and all sums due shall bear
interest from the dates when due until paid, at the highest
lawful rate and the Association may bring an action at law
against the Owner(s) personally obligated to pay same, or may
record a Claim of Lien against the, property on which the 'assess -
ments and late charges are unpaid, or may foreclose the lien
against the property on which the assessments and late charges
are unpaid, or pursue one or more of such remedies at the same
time or successively, and attorney's fees and costs of prepar-
ing and filing the Claim of Lien and the Complaint in such
action shall be added to the amount of such assessments, interest
and late charges and, in the event a Judgment is obtained, such
Judgment shall include all such sums as above provided and a
reasonable attorneys' fee to be fixed by the court, together with
the costs of the action, and the Association shall be entitled
to attorneys' fees in connection with any appeal of any such
action.
In addition to the rights of collection of assessments
stated in this Section 6, any and all persons acquiring the
title to or the interest in 'a Lot as to which the assessment is
delinquent, including, without limitation, persons acquiring
title by operation of law and by _judicial sale, shall not be
entitled to the occupancy of such Lot or the enjoyment of the
COMMM Facilitiesntil-such time as all unpaid and delinquent assess-
ments due and owing from the selling Owner have been fully paid,
and no sale or other disposition of Lots shall be permitted
until an-'estoppel letter is received from the Association_'acknow-
ledging payment in full of all assessments and other sums due;
provided, however, that the provisions of this sentence shall
not be applicable to the mortgagees and purchasers contemplated
by Section 7 of this Article.
It shall be the legal duty and responsibility of the Asso-
ciation to enforce payment of the assessments hereunder. Failure
of the Association to send or deliver bills shall not, however,
relieve Owners from their obligations hereunder.
All assessments, late charges, interest, penalties, fines,
attorneys' fees and other sums provided for herein shall accrue to
the benefit of the Association.
Owners shall be obligated to deliver the documents origin-
ally received from the Developer, containing this and other declar-
ations and documents, to any grantee of such Owners.
Section 7. Subordination of the Lien. The lien of the
assessment provided or 'in Artie a VI s all be subordinate to
tax liens an to the lien of any mortgage' recorded prior to
recordation of a Claim of Lien, which mortgage encumbers any
Lot and is in :,favor of any Institutional Lender and is now or
hereafter placed upon al portion of The Properties subject to
assessment; provided, however, that any such mortgagee, when in
possession or :any receiver and, in the event of a foreclosure,
any purchaser a't a foreclosure sale and any such mortgagee
acquiring a deed in lieu of foreclosure and all persons claiming
by, through or;.under any such purchaser or such mortgagee, shall
hold title sub ,j'ect to the liability and lien of any assessment
becoming due after such' foreclosure (or conveyance in lieu of
9 _8 ..
foreclosure). Any unpaid assessment which cannot be collected
as a lien against any Lot by reason of the provisions of this
Section 7_shall be deemed to be an assessment divided among,
payable,by, and a lien against all Lots, as provided in Section
1 of this Article VI, including the Lot as to which the fore -
closure (or conveyance in lieu of foreclosure) took place. In
the event only a portion of the assessments of the Association
are collected, the amount collected shall be applied to assess -
ments of the Association.
Section 8. Effect on Developer. Notwithstanding any
provision that may be contained to-the contrary in this instrument,
for so long as Developer is the Owner of any Lot or undeveloped
property within The Properties, the Developer shall not be liable
for asessments against such Lots, provided that Developer funds an
amount equal to the amount of operating expenses (exclusive of
reserves and management fees) incurred during such period of time
not produced by assessments receivable from other Members of the
Association. Developer may, at any time, and from time to time,
commence paying assessments as to Lots that it owns and thereby
automatically terminate its obligation to fund deficits, but may,
at any time thereafter and from time to time, again elect to
follow the procedure specified in-the preceding sentence. When
all Lots within The Properties are sold and conveyed to purchasers,
Developer shall have no further liability of any kind to the
Association for the payment of assessments or deficits.
Section 9. Trust Funds. The portion of all regular assess-
ments collected by the Association for reserves for future expenses
and the entire amount of all special assessments shall beheld by
the Association in trust for the Owners of all Lots, as their
interests may appear and the Association may invest such funds in
interest'- bearing accounts or in certificates of deposit or other
like <instruments or accounts available at banks or savings and
loan institutions, the deposits of which are insured by an agency
in the United States.
Section 10. Specific Damage. Owners (or their invitee)
causing damage to any portion of the Common Facilities as a result of
misuse, negligence, failure to maintain or otherwise, shall be
directly liable to the Association and a special assessment may be
levied therefor against such Owner(s). Such special assessments
shall be subject to all the provisions hereof relating to other
assessments, including, but not limited to, the 'lien and fore -
closure procedures.
ARTICLE VII
RULES AND REGULATIONS
Section 1. Compliance� �b Owners. Every Owner and his
tenants, guests, invitees and shall comply with -any and all
rules and regulations adopted by the Association as contemplated in
Articls I`1, Section 2 hereof.
Section 2. Enforcement. Failure to comply with such rules
and regulations shall be grounds for immediate action, which may
include, without limitation, an action to recover sums due for
damages, injunctive relief or any combination thereof. The Asso-
ciation shall have the right to suspend voting rights anduse of the
Common; ? #ci,Uft! _s-as specified in Article IV, Section 2.
9 a_
Section 3. Fines. In adddition to all other remedies, in
the sole discretion of the Board of Directors of the Association,
a fine or fines may be imposed upon an Owner for failure of an
Owner, his tenants, family, guests, invitees or employees, to
comply herewith or with any rule or regulation, provided the
following procedures are adhered to:
(a) Notice: The Association shall notify the Owner
of the infraction or infractions. Included in the notice
shall be the date and time of a special meeting of the
Board of Directors at which time the Owner shall present
reasons vhy penalties should not be imposed. At least
six (b) days' notice of such meeting shall be given.
(b) Hearing: The non - compliance shall be presented
to the Board of Directors after which the Board of Directors
shall hear reasons why penalties should not be imposed. A
written decision of the Board of Direcrors shall be submitted
to the Owner by not later than 21 days after the Board of
Directors` meeting.
(c) Penalties: The Board of Directors may impose
special assessments against the Lot owned by the Owner as
follovs:
(i) First non - compliance --or-- violation: a fine
not in excess of One Hundred ($100.00) Dollars;
(2) Second non- compliance or violation: a fine
not in excess of Five Hundred ($500.00) Dollars; and
(3) Third and subsequent non - compliances or
violation(s) which are of a continuing nature: a fine
not in excess of One Thousand ($1,000.00) Dollars.
(d) Payment of Penalties: Fines shall be paid not
later than five 5 days after notice of the imposition or
assessment of the penalties.'
(e) Collection of Fines: Fines shall be treated as
an assessment subject to the provisions for the collection
of assessments as set forth in Article VI hereof.
(f) Application of Penalties: All monies received
from files shall a allocated as directed by the Board of
Directors.
(g) Non - exclusive Remedy: These fines shall not be
construed to be exclusive and shall exist in addition to
all other rights and remedies to which the Association may
be otherwise legally entitled; However, any penalty paid
by the offending Owner shall be deducted from or offset
against any damages which the Association may otherwise be
entitled to recover by law from such Owner.
Section 4. Initial Rules and Regulations. Attached hereto
as Schedule A is the initial rules and regu ations of the Associa-
tion which are incorporated herein by reference and which may be
modified, in whole or in part, at any time by the Board.
ARTICLE VIII
Architectural Contro ; General Powers
Section 1. Members of Committee. The Architectural Control
Committee, sometimes referred to in this Declaration as the "Committee ",
10 -
shall consist of three (3) members. The initial members of the
Committee shall consist of persons designated by Developer. Each
of said persona shall hold office until all Units planned for the
Development have been constructed and conveyed or sooner, at the
option of Developer. Thereafter, each new member of the Committee
shall be appointed by the Board of Directors and shall hold office
until such time as he has resigned or has been removed or his
successor tas.- been appointed, as provided herein. Members of
the Committee may be removed at any time without cause. The
Board of Directors shall lave the right to appoint and remove all
members of the Committee.
Section 2. Review of Proposed Construction. Subject to
Section 9 below, no buil3ing, fence, wall or other structure or
improvement (including landscaping) shall be commenced, painted,
erected or maintained in the Development, nor shall any addition,
change or alteration visible from the exterior be made, nor shall
any awning, canopy or shutter be attached to or placed upon outside
walls or roofs of buildings or other improvements, until the plans
and specifications showing the nature, kind, shape, height, mater-
ials and location same'. shall have been submitted to and approved
in writing by the Committee. The Committee shall approve proposals
or plans and specifications submitted for its approval only if it
deems that the construction, alterations or additions contemplated
thereby in the locations indicated will not be detrimental to the
appearance of the Development as a whole an that the appearance of
any structure affected thereby will be in harmony with the surround-
ing structures and is otherwise desirable. The Committee may ; condi-
tion its approval of proposals and plans and specifications as it
deems appropriate and may require submission of additional plans
and specifications or other information prior to approving or
disapproving material submitted. The Committee may also issue
rules or guidelines setting forth procedures for the submission
of plans for approval. The Committee may require such detail in
plans and-'specifications submitted for its review as it deems proper,
including, without limitation, floor plans, site plans, drainage
plans, elevation drawings and descriptions or samples of exterior
materials and colors. Until receipt by the Committee of any required
plans and specifications, the Committee may postpone review of any
plans submitted for approval. The Committee shall have 30 'days
after delivery of all required materials to approve or reject any
such plans and, if not rejected within such 30 -day period, said
plans shall be deemed approved. The Committee herein shall be the
ultimate deciding body and its decisions shall take precedence over
all others.
All changes and alterations shall also be subject to all
applicable permit requirements and to all applicable governmental
laws, statutes, ordinances, rules, regulations, orders and decrees.
Section 3. Meetings of the Committee. The Committee shall
meet from, time to time, as necessary, to perform its duties here-
under. The Committee may, from time to time, by resolution:
unanimously adopted in writing, designate a Committee representative
(who may, but need not, be one of. its members) to take any action
or perfora any duties for and on behalf of the Committee, except the
granting of variances pursuant to Section S hereof. In the absencce
of such designation, the vote of any two (2) members of the Committee
shall constitute an act of the, Comn ittee.
Section 4. No Waiver of Future Approvals. The approval of
the Committee of any proposals or plans and specifications or draw-
ings for any work 'done or proposed or in connection with any other
- 11 -
matter requiring the approval and consent of the Committee, shall
not be deemed to constitute a waiver of any right to withhold
approval or consent as to any similar proposals, plans and speci-
fications, drawings or matters whatever, subsequently or addition-
ally submitted for approval or consent.
Section 5. Compensation of Members. The members of the
Committee shall receive no compensation for services rendered,
other than reimbursement for expenses incurred by them in the
performance of their duties hereunder.
Section 6. Inspection of Work. Inspection of work and
correction of defects therein shall proceed as follows:
(a) Upon the completion of any work for which
approved plans are required under this Article 'VIII, the
applicant for such approval (the "Applicant ") shall give
written notice of completion to the Committee.
(b) Within 60 days thereafter, the Committee or
its duly authorized representative may inspect such improve -
ment. If the Committee finds that such work was not effected
in substantial compliance with the approved plans, it shall
notify the Applicant in writing of such non - compliance,
within such 60 -day period, specifying the particulars of
non - compliance and shall require the Applicant to remedy
name
(c) If, upon the expiration of 30 days from the date
of such notification, the Applicant shall have failed to
remedy such non- compliance, the Committee shall notify the
Board, in writing, of such failure. The Board shall then
determine whether there is a non- compliance and, if so,
the "nature thereof and teh estimated cost of correcting or
removing same. If a non - compliance exists, the Applicant
shall remedy or remove same, within a period of not more than
45 days from the date of announcement of the Board ruling,
If the Applicant does not comply with the Board ruling within
such period, the Board, at its option, may either remove the
non - complying improvement or remedy the non - compliance and
the Applicant shall reimburse the Association, upon demand,
for all expenses incurred in connection.therewith. If
such expenses are not promptly repaid'by the Applicant to
the Association, the Board shall levy a special assessment
against such Applicant for reimbursement.
(d) If, for any reason, the Committee fails to notify
the Applicant of any non - compliance within 60 days after
receipt of said written notice of completion from the
Applicant, the improvement shall be deemed to have been made
in accordance with said approved plans.
Section 7. Non-Liability of Committee Members. Neither
the Comittee nor any member thereof, nor its duly- authorized Commit-
tee representative, shall, be liable to the' Associations or to any
Owner or any other person or entity for any loss, damage or injury
arising out of or in any way connected with the performance or non
performance of the Committee's duties hereunder, unless due to the
willful misconduct or bad faith of 'a member and only that member
shall have any liability. The Committee shall review and approve
or disapprove all plans submitted to it for any proposed improve-
ment, alteration or addition, solely on the basis of aesthetic
considerations and the overall benefit or detriment which would
- 12 -
result to the immediate vicinity and to the Development. I'he Commit-
tee shall take into consideration the aesthetic aspects of the
architectural designs, placement of buildings, landscaping, color
schemes, exterior finishes and materials and similar features, but
shall not be responsible for reviewing, nor shall its approval of.
any plan or design be deemed approval of, any plan or design -.from
the standpoint of structural safety or conformance with building or
other codes.
Section 8. Variance. The Committee may authorise varianteb
from compliance with any of the architectural provisions of this
Declaration when circumstances such as topography, natural obstruc-
tions, hardship, aesthetic or environmental considerations required.
Such variance must be evidenced in writing which must be signed by
at least two (2) members of the Committee. If such variances are
granted, no violation of the covenants, conditions and restriction#
contained in this Declaration shall be deemed to have occurred with
respect to the matters for which the variances were granted. the
granting of such a variance shall not, however, operate to waive
any of the terms and provisions of this Declaration for any purpose
except as to the particular property and particular provisions
hereof covered by the variance, not shall it effect in any way the -
Owner's obligation to- do. with all governmental laws and regula-
tions affecting his use of the premises, including, but not limited
to, zoning ordinances and set -back lines or requirements imposed by
any governmental or municipal authority.
Section 9. Developer's Exemption. Developer shall.bettiiempt
from'the provisions hereof with respect to alterations and additions
desired to be effected by Developer and shall not be obligated to
obtain Committee approval for any construction or changes..in construc-
tion which the Developer may elect to make at any time. .
ARTICLE IZ
Genera al Provisions
Section 1. Duration. The covenants and restrictions bf this
Declaration shall run with and bind The Properties, and shall inure
to the benefit of and be enforceable by the Developer, the Associa-
tion and their respective legal representatives, heirs, successors
and ,assigns, for a term of 99 years from the date . this Declaration
is recorded, after which time said covenants shall be automatically
extended for successive periods of 10 years each , unless an instru-
ment signed by the then Owners of 66 -2/,3% of the Lots agreeing to
revoke said covenants has been recorded'. No such agreement to
revoke shall be effective unless made and recorded three (3) years
in advance of the effective date of such agreement and unless written
notice of the proposed agreement is sent to every Owner at least 90
dyss in advance of an action t ken • provided, however that arty and all prad lays
,ren,, 2(d3 ana 6, &6%r,
e ion'
PtIfence. ny notice require to be sent to any
Member or Owner under the provisions of this Declaration shall be
deemed to have been properly sent when personally delivered or mailed,
postpaid, to the last known address of the person who 'appears as
Member or Owner on the records of the Association at the time of
such mailing.
Section 3. Enforcement. Enforcement of these eovefigftf -ai1a
restrictions shall be accomplished by means of a proceeding at law
or in equity against any person or persons violating or attempting
to violate any covenant or restriction, either to restrain viola-
tion or to recover damages, and against the land to enforce any
lien created by these covenants; and failure by the Association,
the Developer, any other association or any Owner to enforce any R
covenant or restriction herein contained shall in na: event be deeie
13
a waiver of the right to do so thereafter. These covenants may
also be enforced by any Architectural Control Board established
in other covenants that may, from time to time, be recorded by
Developer.
Section 4. Severability. Invalidation of any one of these
covenants or restrictions or any part, clause or word hereof, or
the application thereof in specific circumstances, by judgment or
court order shall not affect any other provisions or application
in other circumstances, all of which shall remain in full force
and effect.
Section S. Amendment. In addition to any other manner
herein provided for, the amendment of this Declaration, the cove-
nants, restrictions, easements, charges and liens of this Declar-
ation may be amended, changed or added to, at any time, and from
time to time, upon the execution and recordation of any instrument .
executed by the Developer, for so long as it holds title to any
Lot affected by this Declaration or, alternatively, by approval at
a meeting of Owners holding not less than 66 -2/3'% of the votes of
the membership of the Association, provided that, so long as the
Developer is the Owner of any Lot affected by this Declaration, the
Developer's consent must be obtained if such amendment, in the sole
opinion of the Developer, affects its interest. Notwithstanding
the foregoing, however, the Developer may not amend the provisions
of Article Vi, Section 7, as same pertain to any institutional •.
.lender(s) without the prior written consent of such lender(s), nor.
may.the Developer amend any provisions of this Declaration, including,
but not limited to, Article IV, Sections 2(d) and 6, which require
governmental approval, without prior written consent of said gMnnBtal body.
Section 6. Conflict. This Declaration shall take precedence
over conflicting provisions in the Articles of Incorporation and
By -Laws of the Association and the Articles shall take precedence
over the By-Laws.
Section 7. Effective Date. This Declaration shall become
effective upon its recordation in the Dade County Public Records.
EXECUTED as of the date first above written.
Signed in the presence of: BANYAN LANE, LIMITED, a
Florida Limited Partnership
By
STATE OF FLORIDA )
COUNTY -OF DADE ) ss
I, an officer authorized to take acknowledgments, according
to the Laws of the State of Florida, duly qualified and acting, do
hereby certify that on this date appeared before me,
, of BANYAN LANE LIMITED, a
Florida Limited Partnership, to me personally known, who acknowledges
the foregoing instrument for the purposes therein contained, and has,
acknowledged that he is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal at
Miami, Florida, this day of , 1989.
NOTARY PUBLIC, State of
Florida at Large
My Commission Expires:
14
9
E X H I B I T A"
LEGAL DESCRIPTION
The South 1/2 of the South 264 feet of the North 490.92 feet
of the West 1/2 of the West 1/2 of the SW 1/4 of the SW 1/4
of Section 25, Township 54 South, Range 40 East, less the West
35 feet thereof, lying and being in Dade County, Florida.
And:
The North 1/2 of the South 264 feet of the North 490.92 feet
of the West 1/2 of the West 1/2 of the SW 1/4 of the SW 1/4
of Section 25, Township 54 South, Range.40 East, less the West
35 feet thereof, lying and being in Dade County, Florida.
F
E X H I B I T " B"
COMMON FACILITIES
1. Walls;
2. Gates and gate - operating equipment;
3. Entry features, including all landscaping, signage, irrigation,
and lighting;
4. Private access road;
5. Exterior sidewalks;
6. Exterior landscaping; and
7. Drainage structures.
February 13, 1989
1 101 Alhambra Circle
Coral Gables, FL 33134
WI 11 i am Hampton,
City Manager
6130 Sunset Drive
South Miami, FL 33143
re: Banyan Lane gates
Dear Mr. Hampton:
This letter summarizes our February 7th meeting regarding proposed
access /egress gates at Banyan Lane.
As you know, Banyan Lane will be a walled subdivision, with 3 Ludlam Road
access/ egress gates. Preliminary design plans for the proposed walls and
gates have been submitted to the City for review and approval. These
plans were approved by the City's ERPB (subject to color changes) on
February 7th.
Dade County's Fire Department has also reviewed these same plans and is
satisfied with Banyan Lane's emergency access. They have provided me
with their written approval.
We have met with you, Chief Turner and Sonia Lama on several occasions
to satisfy the City's concerns about providing access for services and
emergencies. It seems we have finally found a formula that is acceptable
to all parties. Following is a description of Banyan Lane's access plans for
all three gates (2 vehicular sliding gates and 1 pedestrian swing gate):
Sliding Gates:
One sliding gate will be provided for vehicular ingress, the other for
egress. Both gates will be opened and closed by nearby electric operators.
Both sliding gates will be kept open during weekday, daylight hours, and
closed during weekends and weekday evening and nighttime hours.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH XIAHI, FLORIDA, APPROVING A SITE
PLAN FOR BANYAN LANE AND APPROVING THE DEDICATION
OF RIGHT -OF -WAY.
WHEREAS, the Mayor and City Commission adopted Resolution
No. 163 -88 -7074, approving the development of property known as
Banyan Lane, conditioned upon a site plan being returned to the
City Commission for approval, and;
WHEREAS, the applicant wishes to comply with the condition
and is submitting the plan for Commission approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That this site plan prepared by M P Architects
and dated Jan. 25, 1989, attached hereto as Exhibit "111, 3s hereby
approved, except for the provision of a locked front gate. The
City shall allow 'a request for an amendment allowing for a locked
gate at any future time.
Section 2. This approval is conditioned upon no parking
being permitted on the Swale area of S.W. 67th Ave, and further,
developer shall include this prohibition in the Homeowner Documents
regarding the project.
Section 3. That the City Manager is hereby authorized to
accept the Dedication of Right -of -Way and Limited Access Agreement
attached hereto as Exhibits "2" and "3 ".
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Resolut \Banyan.lan
it
day of 1989.
APPROVED:
MAYOR
When the gates are open, all Banyan Lane homes will be accessible to
services such as trash collection, postal delivery, etc. When closed,
vehicular entry can be obtained in several ways, which are described
below:
1) A resident driver would enter Banyan Lane by "beeping" his remote
transmitter (provided by developed) when approaching the closed gate; the
transmitter will activate the gate operator and the gate will open. The
resident could also open the gate by dialing an entry number code on the
post mounted intercom /telephone (located adjacent to the subdivision
entry). In either case, the gate will slide open; it will automatically close
after the vehicle has safely passed through the entry area.
2), A visitor /vendor would enter the subdivision by dialing a resident code
number displayed on the post mounted intercom /telephone. After the
resident communicates with the visitor /vendor on his house phone, the
resident may choose to open the gate by entering a single digit code
number on his house telephone; this code will activate the gate operator
and the gate will open. Residents would be encouraged to obtain "call
waiting" on their home phones so their telephone line is always available
for visitor /vendors.
3) Dade County Fire and Rescue would have vehicular access in two ways;
either a resident opens the gate (see 2 above) or Fire and Rescue personnel
would open the gate by pressing a button (or turning a handle) in the wall
mounted "lock box" (see plans). The 'lock box' can be opened with a
standard elevator emergency key that is carried by ail Dade County Fire
and Rescue units.
4) South Miami police vehicles would also have vehicular access in two
ways; either a resident would open the gate (see 2 above) or the South
Miami police dispatcher would open the gate by dialing a special number
(provided by developer) from the police switchboard.
0
The egress gate will open automatically when the egress operator is
activated by a vehicle driving over magnetic sensitive sensors that will be
embedded in the exit lane pavement. The gate will close automatically
after the vehicle safely exits the property.
Swing Gate:
The pedestrian swing gate will provide 100 percent pedestrian access at
all times. It will not be locked. Emergency personnel (including police,
fire and rescue) would always have access through this gate (even during
power failures).
As you know, it is impossible to anticipate all future gate access needs
for Banyan Lane. Therefore, it maybe desirable to someday alter the gate
operation, locking system or schedule. However, before any changes to the
above described gate operations are implemented, these changes will be
submitted by the developer or residents to the City for approval
Because it will be desirable to lock the pedestrian gate as well as the
sliding gates while houses are under construction (before families move
in), to secure our construction materials, the above described gate
operation will commence when families reside at Banyan Lane.
If the above does not represent our conversation on this subject, please
contact me as soon as possible.
Sincerely,
Stephen Roth
Banyan Lane, Inc.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER-TO
I 14PLEMENT THE SPECIAL MASTER'S RECOMMENDATIONS REGARDING THE
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE
AMfiRICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES.
WHEREAS, the City of South Miami has an existing labor
agreement with the American Federation of State, County and
Municipal Employees (A. F. S. M. E. ); and
WHEREAS, a Special Master has made- recommendations
regarding wage increases and longevity pay.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAXI, FLORIDA:
Section 1. The City ?tanager is hereby authorized to
implement the- recommendations of the Special Master contained in
the report dated April 15, 1989, and attached hereto as Exhibit
it 1ff.
PASSED AND ADOPTED this day of 1989.
APPROVED:
MAYOR — _�_'--- - - - ---
ATTEST:
---TY ---CLERK ---- -------------
-------
CI
READ AND APPROVED AS TO FORM:
CITY ATTORNEY -- —
Resolut \Amer #can. Fed
t
s
LAW Ganes
RUTH RUSSEU GRAY
ON THE WATCHUNO CIRCLE
60 STWUNG ROAD
WATCHLONC . KA 07M
GM 757.8600
MEMBER OF NEW JERSEY BAR 126 E LAKE JOANNA OR
MEMBER OF FLORIOA BAR EuSnS. FL 32726
0041 735-0384
CITY OF SOUTH MIAMI AND AFSCME COUNCIL 79, LOCAL 1363 -3294
SPECIAL MASTER HEARING APRIL 4, 1989
COSTS OF SPECIAL MASTER ACTIVITIES.
Special Master's Capensat on
Number of hearing days I at $ 400.00. $ 400.00
Study and preparation days if at $ 400..00 S 600.00
Other (specify) at $ $
• ' FEE TOTAL $ .. Iona. QQ
Special Master's Expenses
Transportation $- n
Taxi to /fro Orlando:v�"" –""—
Hotel 76.59
Meals S
Other (specify) S 200.00
Travel time
ONE -HALF PAYABLE BY THE CITY $ 733.30
ONE -HALF PAYABLE BY THE UNION $ 733.30
$ 466.59
• $ 1466.59
•1
C
- -
f 9
Ali
t
Y
Ski
_ K �
r
In the matter of the Appointment
of a Special Master
CITY OF SOUTH MIAMI
and
AFCCME COUNCIL 79,LOCAL 1363 -3294
APPEARANCES
l
l
l
l
SM -89 -050
For the City - Elizabeth S. Syger, Esq., of Muller, Mints et al, P.A.
- Bill Hampton, City Manager
- Grace Ali, Finance Director
- Helen McGuire, Public Works Director
For the Union - Elizabeth Judd - Edwards, Council Representative
-David Coley, Shop Steward
-Lynn Scott, AFCCME Representative
- Three.members of the Locals Negotiating Committee
SPECIAL MASTER - RUTH RUSSELL GRAY
DATE OF HEARING - April 4,1989
A hearing was held in the above matter on April 4, 1989, in the
South Miami City Hall. Though the hearing was an informal one, with no
witnesses sworn, both parties participated in the presentation of oral and
written evidence; questioning of witnesses, & argumentation in support of
their respective positions on each open issue. Chief spokesman for the
Union was its AFCSME Representative Elizabeth Judd - Edwards whereas the City's
case was handled chiefly by its attorney Elizabeth S. Syger.
1.
BACKGROUND
The issues raised in this Special Master proceeding are two: wages
and longevity pay for 45 employees in the Public Works Department. They are
being raised pursuant to a reopener clause in the parties' three - year contract,
which runs from October 1, 1986 through September 30, 1989. Thus, in a few
months time, the parties will be renegotiating an entirely new contract.
Apparently, after an impasse was declared and the appointment of a Special
Master requested, the parties continued to negotiate and resolved several
,matters between them, thus leaving open, as stated above, the issues of
wages and longevity pay.
Before proceeding to an examination of the concrete proposals comprising
this case, note should be taken of the so- called Womble report. This report
is a "Salary Study Developed for the City of South Miami, Florida, July 1988 ".
It was originally ordered by the Town fathers /mothers sometime in the year
1986, and the City had anticipated.. implementing its recommendations now, i.e.
at the time of this wage reopening: The Union also had proceeded on the
assumption; Management would be carrying out the Study's mandate and instituting
significant changes -in salary and gags classifications. As a result,'eshibles. -:-
and testimony introduced at the hearing reflected a preoccupation with this
larger issue, the implementation of Womble. Yet, I as a Special Master, was
called upon to make recommendations on the limited issues of wages and jonge-
vity pay. In the course of the hearing, Management stated that durfn8'
negotiations, it withdrew its demand to institute the Womble study at•the
present time.
ISSUES
WAGES
City: The City's latest proposal on wages was an across-the-board increase
of 3% effective 4/89 or a 1.51 increase across- the -board retroactive to
10/1/89. These offers were separate from and in addition to the regular.
annual merit increases to be continued as usual. As a caveat, Management
asserted its intention of implementing the Womble pay study changes at the '
time of the new contract in October of 1989. At the present time, it would
not put into effect both the Womble plan, which could cost $14,882, and
grant an across =the -board retroactive increase. Asked by the Union the cost
2.
-
r -
- --
Y
n
of a Ix increase for 12 months, from 10 /1/88 to 10/1/89, Management replied
it would run approximately $7400.
Management did not specifically claim inability to pay,but did assert
there were other organised and unorganised employees In the City entitled to
raises. For the entire City, it had budgeted $41,500 for increases. Paying
out more than H now or 1.5% retroactively would put the City out of kilter
with its other bargaining unit, the police, and the remainder of the
unorganized workforce of 70 employees. For the latter group, the City had
already put in motion the process for the granting of a 32 increase commencing
4/89.
In addition, the City asserted its Public Works Department employees
were overpaid. This was revealed by the findings of the Womble report jj...Ijrf ,.
which jobs and duties were compared to like jobs and duties. The study aid
not simply limit itself to a'superficial comparison of job titles of South
Riami with other similar cities. It got down to the real nitty- gritty and
found many job classifications, both maximums and minimms of South Miami
above those of comparable communities. In support of its position, the City
presented documentation from the Womble. Study, :_of, five comparable _cities as
well as figures from the Florida league of Citiea 311J8d- Salary Survey::
Qtil67d : The Union's latest demand is a 31 Across-the-board increase for all
bargaining unit members retroactive to 10/1/88 plus s 2 1wrease eft ;i: =
4/89 -- in addition to the regular annual merit increases. These two increases
would be the equivalent of a 41 annual, October to October. raise -- i fact
which was not disputed by Management. In fact, Masmiesient stated at the`
s.
hearing that such a raise would cost the City $29,600.
In ,support of its demand for this raise, the Union referred to the
Miami area cost -of- living index (9/30/87 - 9/30/88) of s,/jx from the Bureau of
Labor Statistics. It also presented evidence of recent salary increases in
three of the comparison cities examined by the Womble report, on which
Management places such reliance. In two of the cities, there was a 42 across -
the -board increase, and in the third, a 52 across- the -board increase. These
increases were granted 10/88, after the figures of the Womble study of July 188.
The Union also took exception to the wage figures in the Florida League
of Cities Salary Survey offered by the City. They did not comport with other
3.
to .
v
figures in Management exhibits. For, example, the League of Cities Survey
lists the position of Equipment Operator III as having a range from a minimum
of $18,976 to a maximum of $22,644. In the Wombli'r port that same position
is listed as having a range from $19,360 to $24,711.
The League of Cities Survey bears the date of 3/1/88, and the Womble
report is dated 7/88. The figures also for Auto Mechanic show a discrepancy,
and the classifications are different. South Miami at the present time has
two separate positions, Auto Mechanic and Auto Mechanic Helper. The League
of Cities Survey lists an Auto Mechanic I and an Auto Mechanic II. We can -
-not be sure the City exhibits are referring to the same jobs. Therefore,
their comparisions with other cities can similarly be flawed.
RECOMMENDATIONS; I recommend the City grant a 22 across- the - board retroactive
increase, to 10/1/88 to the bargaining unit. I believe this is fair under the
circumstances. First, it should cost Management approximately $14,800,. The
City had advised the Union a retroactive lx increase would run $7400. Thus,
22 would run approximately double. Further. Management was prepared to require
the implementation of the Womble Study, which Management, as we have seen,
withdrew during the course of negotiations: Th* cost for its implementation
would be ;14,882. One might say Management had in itb mind the round figure
of $14,800. Its offers of either a 32 across-the-board raise in April 1989 or
a retroactive 1.52 raise to October '88 Mould run 01000, a little on.the low
side, but not too faraway from 14 „800 and in circumstances where Management
has not claimed inability to pay. I do not address the City's relations with
its other employees, organised or unorganized. They are not the subject of.:
this Special Master proceeding.
I do not believe the Unions demands for 31 retroactive and 2% non -
retroactive increases, tantamount to a 4Z annual raise, are warranted under
the circumstances. I do not put much credence in the League of Cities figures
for the same reasons expressed by the Union, as mentioned heretofore. However,
one need only review a few of the Womble report figures and add the 4x and Sx
aacross- the -board increases granted in three cities cited in Table 5 of
Union Exhibit fl to understand my reasoning.
Let me illustrate. Turning to City Exhibit 11, South Miami shows a
range for Heavy Equipment Operator from a minimum of $19,360 to a maximum
4.
h
c .
5.
Y 4 ay
r t Y
V
of $24,711. Miami Shores shows a range from $17,597 to $23,754. However,
Miami Shores received a 4% increase in October 1988, three months after the
pomble figures were released. Adding a 4% increase to Miami Shores figures
(as per Union Exhibit /1, Table 5), we reach a range of $18,476 to $24,941.
The City of South Miami's minimum is still higher despite Miami Shores 42
increase. Its maximum is a bit lower, approximately $230. If the 2x increase
I have recommended is instituted, South Miami's range will be $19,747 to
$25,205, higher that that of both Miami Shores' minimum and maximum.
Take the next job category on City Exhibit 11, Laborer I. South Miami's
.range is $14,680 to $18,738. Miami Shores's range is shown to be $12,522 to
$16,890. Adding the 41 across -thee -board increase obtained in October 1988, we
find a new current range of $13,022 to $17,565. Both the minimum and maximum
of South Miami are higher than those of Miami Shores. The 2Z increase I have
recommended places South Miami that much higher.
I make this recommendation with the realization that Management has
advised the Union that come October 1989. it will implement the entire
LiNble plan and its substantial revision of wage classifications and ranges and
concomitant "freezes". I further note that a 2% increase may seem a far cry
from the 3.4% CP1 and the 3.62 public sector settlement figures presented by
the Union in its Exhibit !1. But figures developed by the Bureau of Labor
Statistics on a national and regional bases must be tempered by reference to
the local situation, as is also required by our Florida statutes and Kdministra-
t1ve Code. Reference to similar and surrounding camparables reveals that"
the City of South Miami is not out of line on its rates of pay, and a 22
Increase at this time is not unreasonable.
LONGEVITY PAY
City: Management seeks to eliminate longevity pay altogether. It believes
such pay is archaic and obsolete. It is an outdated concept. Paying it
does not necessarily retain employees, and it is a payment for nothing.
Union: The Union seeks to retain longevity pay and also add to it the
feature of compounding. Presently, after 10 years on the job, 3% is added
to an employee's base pay. After l5 -years another 3% is added to the 10 -year
base, and aid r.20 years another 3% is added to the 10 -year base. There is
no compounding.
5.
RECOMMENDATIONS: I recommend longevity pay be retained and the compounding
feature added to it. Longevity pay is a long -time labor relations concept
which is not archaic or outmoded. I believe the Womble report Was correct
in recommending that compounding be added to the current practice. The City
really gives no valid reason for discontinuing the practice at this late date
after offering it as a benefits to its employees for a number of years.
In any event, if the City intends to implement the Womble Study, this minor
increment to longevity pay is one of its recommended features.
Dated \�*
:-1
Respectfully submitted
RUTH RUSSELL GRAY, ESQ.
SPECIAL MASTER
_
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY` MANAGER . TO E'XECUTE' .:7HE
USE AGREEMENT BETWEEN THE C i TY Off' .., �'OUTR M I AM I ' AND ' THE AMER I CAN
AMATEUR BASEBALL CONGRESS.
WHEREAS, the American Amateur Baseball Congress ("League")
and the City of South Miami have engaged in sponsoring athletic
activities; and
WHEREAS, the League and the City are desirous of executing
an agreement to memorialize the use of the South Miami fields for
League baseball - games.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. _ . That the Acting City _M
a n herebk
authorized to execute the agreement between the City of South Nia*i
and the League, attached hereto as Exhibit "A ".
PASSED AND ADOPTED this day of 1989.
"'APPROVED.;,",,
MAYOR
ATTEST
CITY CLERK
READ AND APPROVED AS TO FORM:
_.CITY ATTORNEY �+
Resolut \baseball - --
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI
AND THE AMERICAN AMATEUR BASEBALL CONGRESS FOR
THE USE OF THE CITY'S SOUTH MIAMI FIELDS
THIS AGREEMENT, entered into this - day of 1989
between the CITY OF SOUTH MIAMI, hereinafter referred to as "CITY"
and THE AMERICAN AMATEUR BASEBALL CONGRESS, hereinafter referred to
as the "LEAGUE".
WITNESSETH:
WHEREAS, CITY is the fee simple owner of the South Miami Fields,
said land hereinafter referred to as the "Property"; and
WHEREAS, the LEAGUE is desirous of using the Property from CITY
on a regular basis for the sole purpose of utilizing the Property
as an athletic field to accommodate the LEAGUE's baseball programs;
and
WHEREAS, the LEAGUE agrees that the rights and obligations
contained in this use agreement may in no way be utilized by the
LEAGUE to interfere with the CITY recreational programs; and
WHEREAS, the Mayor and City Commission of the CITY OF SOUTH
MIAMI at a public meeting of
authorized the use of the Property on the terms and conditions as
set forth below as being in the best Interest of the public and
serving a valid public purpose.
NOW THEREFORE, the parties hereby agree as follows:
I. CITY will allow the LEAGUE to use Fields 1-5 of the
PROPERTY during period commencing June 5, 1989 through July 23,
1989.
During these
periods, use of Fields 1-5 shall
be as follows:
Tuesday
5: 00 P. M. - 10: 00 P. M.
(Games)
Thursday
5:00 P.M. - 10:00 P.M.
(Games)
Friday
5: 00, p. m. 10. 00 p, m.
<Gamas)
Saturday_ ��,,,,�L!,,�,,,,,��-:,-,
10 ,Q(?,, a M m,
(Games)
2. In return
for the use of the fields, the
CITY shall receive
a reduction in
registration fees for the City
of South Miami's
four baseball
teams from $550.00 to $114.00 per
team. Included in
the $114.00 per
team registration fees are baseballs, for -ames and
l•
umpire fees. All registration monies collected from participants
on the South Miami teams will go to the CITY.
In the event the LEAGUE requests the use of the fields after
July 23, 1989, the CITY may, in its sale discretion, allow such use
upon the LEAGUE paying the amount of $100.00 per day of use, and
upon such other conditions as may be requested by the CITY.
Additionally the League shall pay the amount of $300.00 payable
on June 15, 1989 in order to compensate the CITY for electricity,
field marking materials, home plates and pitching rubbers used by
the LEAGUE. During the period from June 15 through July 23 of this
Agreement, the CITY shall determine if possible, on a monthly
basis, the actual costs incurred for the above - described items.
The LEAGUE shall be notified of such costs in order to allow the
LEAGUE the ability-to either budget funds for payments in excess of
the estimated $340.00 amount, or to allow the LEAGUE the notify the
CITY as to the curtailment of LEAGUE use in order for the CITY not
to incur expenses in excess of the $300.00 paid by the LEAGUE. At
the end of this term of use (July 23, 1989), the CITY shall
calculate the exact costs of the items described in this paragraph,
and the LEAGUE shall, immediately upon notice by the CITY of any
deficiency, make payment for the actual costs incurred. No refund
shall be due the LEAGUE if the actual amount is less than $300.00.
All payments and notices are to be made to CITY at:
Office of Recreation Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
and to the LEAGUE at:
Dave Westberry
9625 S. W. 24th Street
Miami, Florida 33165
after games.
4. Throughout the term of this Agreement, the CITY'S
responsibilities to the LEAGUE shall be comprised of only the
following, specifically itemized matters:
(a) Installation of all bases, tie -downs for bases, home
plate and pitching rubbers.
(b) Field watering, dragging, striping for games as
needed, to be determined in the discretion of the
CITY.
(c) Maintenance of batting cages, irrigation equipment,
dugouts, bathrooms and backstop /dugout fencing.
5. In no event shall the LEAGUE charge a fee for parking to
attend LEAGUE activities on the Property. LEAGUE agrees that
parking shall be solely for LEAGUE functions, as permitted by the
CITY, and no designated parking shall be provided to any LEAGUE
personnel, or other individual, business or entity whatsoever.
6. The LEAGUE shall operate a concession stand on the days of
the events staffed by LEAGUE personnel for all LEAGUE activities.
All income generated over costs shall be equally divided between
the LEAGUE and the CITY. The CITY reserves the rights to inspect
the books and records of the LEAGUE in this regard during normal
business hours, upon 24 -hour notice; in the event of any dispute,
the LEAGUE shall provide records at the LEAGUE'S sole cost and
expense.
7. The LEAGUE shall not pledge this Agreement nor attempt to
sublet all or any portion of the Property.
a. All property or items placed or moved on the Property shall
nuisances or other grievances, regarding said Property during said
term; and shall also promptly comply with all rules, orders, and
regulations of the applicable fire prevention codes and for the
prevention of firs, at LEAGUE'S own costs and expense,
10. In the event the Property shall be destroyed or so damaged
or injured by fire or other casualty during the life of this
Agreement, whereby the same shall be rendered in the CITY'S sole
judgment, untenantable this Agreement shall be terminated, and the
amounts specified in paragraph 2 above shall be paid only to the
date of such fire or casualty.
11. The prompt payment of the amounts in paragraph 2 above for
the Property upon the dates named and the faithful observance of
all conditions of this Agreement and of such other and further
rules or regulations as may be hereafter made by CITY are the
conditions upon which the Agreement is made and accepted any
failure on the part of LEAGUE to comply- with the terms of said
Agreement or any of said rules and regulation now in existence, or
which may be hereafter prescribed by CITY shall, at the option of
CITY, work a forfeiture and shall terminate this Agreement.
12. The LEAGUE agrees to pay the costs ' of collection and
reasonable attorney's fees on any part of said amounts that may be
collected by suit. Additionally, any delinquent payments due the
CITY shall be assessed at ten (10%) percent per annum interest
charge.
13. The LEAGUE agrees to indemnify, defend and hold harmless
CITY from all claims, suits, actions, damages or causes of action
arising during the term of this Agreement, including reasonable
d
attorney's fees and costs, for any personal injury, loss of life or
damage to personal property sustained on the Property including the
concession stand area, by LEAGUE or any third party participating.
An any LEAGUE— activity. LEAGUE shall maintain general 'liability
insurance on the Property in amounts of not less than Five Hundred
Thousand ($500,000.00) dollars per occurrence, with CITY named as
an additional insured.
14. It is hereby
advertising to be used in connection with the Property hereunder
shall be first submitted to CITY for approval before use of same
and all signs shall conform to the CITY sign ordinance.
15. Any violation of any of the terms or conditions of this
Agreement by either party shall cause the termination of this
LEASE.
16. This Agreement may not be modified, except in writing
signed by both parties, and embodies the entire Agreement between
the parties.
IN WITNESS WHEREOF, the parties have hereunto executed this
instrument for the purposes herein expressed this _ day of
1989.
WITNESSES: AMERICAN AMATEUR BASEBALL
CONGRESS
By
CITY OF SOUTH MIAMI
By:
CITY CLERK (SEAL)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING THE
EMERGENCY REPAIR OF TWO CITY POLICE VEHICLES.
WHEREAS,
two
police
vehicles were damaged
and the City
Administration
deemed
it in
the public
interest
to authorize
emergency repairs; and
WHEREAS, the City Commission desires to ratify the action.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the action of the Administration
authorizing the emergency repairs of the two City police vehicles
by Coral Gables Linclon Mercury, at a total cost of $3,298.95, to
be paid from the Self-Insurance Fund.
PASSED AND ADOPTED this day of -------- 1 1989.
APPROVED:
MAYOR
ATTEST:
CITY CE-E—RK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Resolut\repair.veh
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY !TANAGER TO EXPEND
THE AMOUNT OF ONE THOUSAND FIFTY -HIRE ($1059.00) DOLLARS FOR
CULTURAL AND EDUCATIONAL ACTIVITIES FOR DISADVANTAGED YOUTH
OF THE CITY.
WHEREAS, there exists a need for servicesto be provided
for the disadvantaged youth of the City to attend cultural and
educational activities; and
WHEREAS, the City Administration, through its Recreation
Department desires to provide such services to youths in our
community.
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 is hereby authorized to
expend the amount of One Thousand Fifty -Nine ($1059.00) Dollars for
admission fees and related services for cultural and educational
activities for disadvantaged youth of our City, such funds to come
from Account No. 2000 -5670, Entitled: Special Recreation Programs.
PASSED AND ADOPTED this ____ day of
APPROVED:
ATTEST:
CITY CLERK - - - - -- --------
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Resolut \Culture.Act
i
MAYOR
1989.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPOINTING REV. RUDOLPH ORJUNA AS A
MEMBER OF THE CODE ENFORCEMENT BOARD TO SERVE IN SUCH
CAPACITY UNTIL MARCH 1ST, 1991, OR UNTIL A SUCCESSOR IS
APPOINTED AND QUALIFIED.
WHEREAS, there is currently a vacancy on the Code
Enforcement Board and the Mayor and City Commission wish to make an
appointment to fill such vacancy.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Rev. Rudolph Orjuna is hereby appointed as
a member of the Code Enforcement Board to serve in such capacity
until March 1st, 1991, or until a successor is appointed and
qualified.
PASSED AND ADOPTED this day of 1989.
APPROVED:
MAYOR-------- -
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Resolut \Orjuna Rud
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSIOff OF THE CITY OF
SOUTH MIAMI, FLORIDA, TO PURCHASE A VAN FOR THE RECREATION
DEPARTMENT.
WHEREAS, upon recommendation of the Recreation Department,
the City Administration deems it in the public interest to purchase
a van for the transportation of senior citizens and youth
organizations; and
WHEREAS, the City Administration is recommending that the
van 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 a van be purchased from
at a total cost of � _ from - Government Bid _
to be paid from Account No. 1760 -6430, entitled: Equipment-
Operating.
PASSED AND ADOPTED this �_ day of _i__�_, 1989.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION NO. 55 -89- 8035 -R
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RECONSIDERING AND RESCINDING RESOLUTION NO. 55 -89-
8035 WHICH GRANTED AN ADMINISTRATIVE APPEAL FROM A DECISION OF THE
ADMINISTRATION REGARDING A BUILDING PERMIT FINE FOR PROPERTY
LOCATED AT 5887 S.W. 70th Street.
WHEREAS, the City Administration imposed a $100.00 fine
and a $140.00 Quadruple Fee regarding a building permit at 5887
S.W. 70th Street; and
WHEREAS, on May 16, 1989, the Mayor and City Commission
passed Resolution No. 55 -89 -8035 granting an appeal of such
sanctions; and
WHEREAS, the Mayor and the City Commission wish to
reconsider said Resolution based upon representations made during
the appeal on May 16th.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Resolution No. 55 -89 -8035 is hereby
reconsidered and rescinded, and 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:
4
RESOLUTION NO. 55 -89 -8035
A RESOLUTION OF THE MAYOR AND CITY COXXISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, GRANTING AN ADMINISTRATIVE APPEAL FROM A DECISION
OF THE ADMINISTRATION REGARDING A BUILDING PERMIT FINE FOR PROPERTY
LOCATED AT 5887 S.W. 70th Street.
WHEREAS, the City Administration has imposed a $100.00 fine
and a $140.00 Quadruple Fee regarding a building permit at 5887
S.V. 70th Street; and
WHEREAS, the Applicant wishes to appeal this decision.
NOV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COINISSION OF THE CITY OF SOUTH MIAXI, FLORIDA:
Section 1. That the appeal of the Applicant from a
decision of the City Administration is hereby granted. with only
the normal fees being assessed.
PASSED AND ADOPTED this 16th day of May , 1989.
ATTEST:
CITY CLERK
READ.AND APPROVED AS TO FORM:
CITY ATTORNEY
\B1dp=t31.grt
/S
APPROVED:
MAYOR
f
w
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AID 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 5887 S.V. 70th Street.
VHEREAS, the City Administration has Imposed a $100.00 fine
and a 5140.00 Quadruple Fee regarding a building permit at 5887
S.V. 70th Street; and
VHEREAS, the Applicant wishes to appeal this decision.
NOV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH XIAXI, FLORIDA:
Sect i an 1. That the appeal of the Applicant frog a
decision of the City Administration Is hereby denied.
PASSED AND ADOPTED this day of 1989.
ATTEST:
CITY CLERK `-
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
r
April 27, 1989
Art Margolis request to be on the tegular City Commission
agenda on May 16 1989 to appeal the quadruple fee of $140.00
and the $100.00 fine assessed to me for starting the work
prior to securing the proper permit on the job located at
$887 -S.M. 70 Street.
The Commission_ meeting will be held at 7 :30 ?.M., 6 130
Sunset Drive, Commission Chambers.
in order to continue the work you must pay the applicable
fee and fine. If you choose not to pay the fee and fine.
work should be stopped.
. t A* ` c-
Finance Dp Cierk
cc: Building Dept.
City Clerk �,-'
!r'' ♦I`
Data
Vale
AmoReceived
Cliff .OF•SOUTN WAt -✓
OVILDIN4 &No 24"1144
�Q'KUMbtRI
1169 DR iRiMf - -_
ILDING PERMIT APPLICATION `� "t�i+.«is ti11;
6 Anse$*
blue C6414.
L AbbR9bs _
"IT9tT
19L
s
GAL DESCRIPTION OF JOB: LOT NO. 11coes go.
DIVIS1041 ltt. TFf. R89.
ue
as 6 80~ ►.11. A FA49 MD.
sit 4OO99611 or "
both SUAV9f ATTACu9p1 LOT STAR[.
49e1t VS9 IVACA311. 00 !!. Or OVILZINOS AND Me Or 9"0.1 r---
Q
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STFR11- bVILOER
of 9,1110, 9th. 91P11t. 0"1609 g110 tti� ft. •
•tt"I—T- r- ltl%_T -U cageelor" ts 1�9 ..f..�• *b w ..�
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vita on".
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•+* Q . �a.awt Q etHeoe. Q • stet. e[s,1r O _ iar>x�LQ
Q 11TSVC*wt •11 *cat Q "AMC C) eTi,al cewTRSi[TISR
i THE f OWING SPECIFIC USE AND 0CCUPA r
Q.. f 9 a «. t
'itdeAel It04a stie." OR the ei•II• and t0 r•1 by TIiis poraliitt
L o $tact Q FAVI it !) eta. CIACL.Q Post O SOas869 PQ Q rwrre
N Ita. N M0. of IIOTCI
so vallS atDReovt [toot Vs1TI PtamiT ea.
I t0 Pet.
�t eel 0M 6uTgcw
a PtRr AT Y®,
VROCASTAR! Tx•T 3t PARA1t ►E,1Hirt MYST st OOTAIN19 ree TMt rectowlss iTEVe.
'Ite3 504CtrttaLL41 tbvt•t0 s* TMt3 PtsialT: tLtCTRIC•t. ►LVvelRs. SEPIK last.
'LL. P/tottat aiR C0*91T10stR•, 60aiaat Pits. 00ILtas. elsse. Cl[1'a1045. /ISCt.
itts tIKCO3v93. •ALL. PATIN% AND POOL; AND TxaT If SIGMA! THIS APPLICATION.
LAP st3►es3tat1 FOR Tut 3v►tsritl0s AND CDia ►LttTON Or tNt COsslauclIOR 121
t�,as�� t a'ItN t ►�N3 a•D SMIFICATIOS3 am* FOR COVPLtANCt a'tTII ML I'M
APPjdCj9L9. _
t
rote tt►[Ret
O1TtOtts VNOER WHICH APPROVED
Dart
PERMIT INCLUDE=:
[stew *q m
ASICIF ,9MUST'99
TOTAL AMOWiT Ott9
tt
tRIM -
O"ICIAL K". WIDvo
--
s
st"CAT90 t11OTS1
r
LOT 811.4LMs.
L04 Ae9A -
9tte mtST'R ! etsoLVTIOtS txsCRtl. r x
i
l•ea: Of
OUKERSltii
V1etJT iOrie
CxEC[: CHECKED 4w
OAT[
_
cl1 M CERT.
eWeER
CLAP!_ — CItECKEOlr
—
tssoto ev:
OAT 9:
APPROVED DA116 015A11/ROVED FAILURE TO COMPLY WITH THE
MECHANICS LIEN LAW CAN RESULT
TU*A` - - IN THE PROPERTY OWNER PAYING
,tit ttft
CTRICA1. TWICE FOR BUILDING IMPROVEMENT
Kati QL
rt Margolis
887 3.K. 70 St.
outh�Miami, FL 33143
DATE HAM
-25 -89
-26 -89
*-77 -89
CASs: HISTORY
•• • Z ►
A Red Tag (Stop work order) was issued
for painting without first obtaining
a permit.
Art Margolis applied for buidding permit
to paint the exterior of building.
Building permit was approved with a
quadruple fee of $140 and a fine of
$100. Total fees $ 240.
Building permit was issued for painting
exterior of building.
Art Margolis requested to appeal the
fine and quadruple fee at the May
16, 1989 City Commission meeting.
1