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12-19-89 SPECIALt OFFICIAL AGENDA 'W"'ITY OF SOUTH MIAMI 6130 Sunset Drive 137 -89 -90 next Nasoluti a 4 14 SPECIAL CITY COMMISSION MEETING Next Ordinance: 22- 89- 1444` Next COMiSSIOn Meeting: 1/02/90 DECEMBER 19TH, 1989 7:30 P.M. A. Invocation B . Pledge of Allegiance to the Flag of the United _States of America` C. Items for Commission'Cons- ideration: 1) Appr.ova_1 _of Minutes for the City Commission Meeting of a. November 21st, 1989 b. December 5th, 1989 .2) City_ Manager's Report 3) City Attorney's Report ORDINANCE - SECOND READING AND PiiBLIC HEARING: 4. An Ordinance acting as_ the Board of Dire`cters of the-° istrict, to adopt 3/5 a Safe Nei ghb rhood- -`Improveme-nt D stt ct P1 a n f o ej C ty. -.r (Ad!ministration, RESOLUTIONS FOR PUBLIC HEARING: 5. A Resolution apthorizing the closing of'S W. 61st Court at S.W. 64th 3/5 ferrace;by creating a cul -de -sac and placing bollards at the intersection of S.W. 61st Court and 66th Street. (Vice -Mayor Schwai.t) 6. A Resolution authorizing the closing of S.W. 57th'Street -at S.W..62nd 3/5 Avenue. , (Commissioner Brown) RESOLUTIONS; 7. 7. A Resolution amending Resolution No. 10 -87 -7003 by approving and granting Court Mandate a special use permit to construct a Planned Development Housing District (PD -H) School, Public /Private within the City located at 8512 -$530 Red Road, South Miami, Florida. (City Attorney) S. A Resolution authorizing legal counsel to offer the amount of 3/5 Dollars as settlement of a liability claim against tF -1Ty_ �h (City At,torwey) 9. A Resolution authorizing the City Manager to purchase containers in 4/5 connection with the City's Recycling Program. (Commissioner McCann) 0. A Resolution authorizing the City Manager to purchase a used fork `l'i'ft 4/5 in connection with the City's Recycling Program. cCann) (Cor�mission6r° )RDINANCES: I,. LnNrdinate amending Ordinance 17 -89- 1289 -A relating to the sale of 3/5 alcoholic beverages by amending Sections 4 -1$ 4 -2 and .4 -6 of 04` ter_ '4 of the City's Code of Ordinances by revising the establishments su'b0eca to the Code's previsions; establishing exceptions to spacing and distanoe requirements; adding definitions and hours of operation; providing for severability and an effective dates (City Attorney) m SPECIAL CITY COMMISSION MEETING PAGE 2 DECEMBER 19TH, 1989 Discussion: Orr's Pond Tree Survey Remarks: None 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 proceed;ngs is made, which record includes the testimony and evidence upon which the appeal is based. ORDINANCE NO. 5--88- 1300 -B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACTING AS THE BOARD OF DIRECTORS OF THE DISTRICT, TO ADOPT A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN FOR THE CITY WHEREAS, the Mayor and City Commission of the City of South Miami adopted Ordinance No. 5 -88 -1300, and as amended by Ordinance No. 5 -88- 1300 -A, which created a Safe Neighborhood Improvement District; and WHEREAS, pursuant to the enabling Ordinances, the Advisory Committee has recommended a plan which the Commission,, acting as the Board of Directors of the District, wishes to adopt. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR' AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA Section 1. That the Mayor and City Commission hereby find the plan as referred to in Section 2 hereof to. be consistent with the City's Comprehensive Land Use Plana Section 2. That the Safe Neighborhood Improvement District Plan prepared by the Hahn, Perez, Bellomo Group, Inc., dated September 22, 1989 and attached hereto as Exhibit "A" is hereby adopted, as may be amended Section 3. That all funding for the district' shall be budgeted in accordance with the provisions of Chapter 163, Part IV, Florida Statutes. PASSED AND ADOPTED this day of 1989. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Deletions shown by - - - - - -- Additions shown by Ordina \improvem. ord ;,.: J4 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NIAHI, FLORIDA, AUTHORIZING THE CLOSING OF S. V. 61ST COURT AT S. V. 64TH TERRACE BY CREATING A CUL -DE -SAC AND PLACING BOLLARDS AT THE INTERSECTION OF -S. V. GIST COURT AND 66TH STREET. WHEREAS, the City Commission of the City of South Miami has created a Safe Neighborhood Improvement Board of Directors to study areas of the City_ in regard to crime prevention; and WHEREAS, the City wishes to close S. W. 61st 'Court at S.W. 64th Terrace by creating a cul -de -sac and placing _bollards at the intersection of S.W. 61st Court and S.W. 66th Street; and WHEREAS, at a Planning Board meeting on November 28 1989, the Planning Board voted 5 -0 to approve. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission the closing of S.W. 61st Court at S.W. 64th Terrace by creating a cul -de -sac and placing bollards at the intersection of S.W. 61st Court and S.W. 66th Street. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \61CRT2.CLO S.W. ss STREET TENNIS COURT i LEGEND EXISTING BERMING �) PARKING ��— �� ' ` ■ EXISTING STREET LIGHT Vt c ` re \ \�\ 7l It\ , PLAY AREA Q S.W. 68 STREET MARSHALL WILLIAMSON PARK EXISTING THE CITY OF SOUTH MIAMI SAFE NEIGHBORHOOD IMPROVEMENT PROGRAM Premed by: THE HAHN, PEREZ. BELLOMO GROUP. INC. LAND PLANNERS AND LANDSCAPE ARCHITECTS 400 coal fags- 011.91. 00640 103 . ot'aa{a..cle..46 %test to? -Ot3 -9111. S.W. 66 STREET i cOuw LEGEND 1 EXISTING STREET LIGHT 1 D PROPOSED STREET LIGHT J � 1 ^� -� PROPOSED BERMING /1 (` PROPOSED BOLLARDS t� PLAY AREA M S.W. O \ \ 66 STREET / MARSHALL WILLIAMSON PARK PROPOSED THE CITY OF SOUTH MIAMI SAFE NEIGHBORHOOD IMPROVEMENT PROGRAM Premed bv: THE HAHN. PEREZ, BELLOW GROUP..INC. LAND PLANNERS AND LANDSCAPE ARCHITECTS 400 E.$1 Sowu fawn. Une tot DrfasIS. Florida stool. 401 -043-1010 t } it N w s ��sMt2 st $N r f' is s• srr st+"Mr sr :1'r T�iC �LZ N t A! ` L 1 0 Mitl • � i ~ M . fly � >• � � y i AV _ O I Sr i! Twe 1 S / jo s �► /s , /f , j nss y "° • ! ter ! SW.. 61 rERR I $ i s ! r*ACr l - a S 9 S7 _ 4 rRACT / , _ L sir i q f GARDENS M I it yi ! * &W . rR.1cr 6 - c' i TRA s4.1r Ali 5 NIVERS/rY ZRdcT..c' il7LL/AMSON : b`AROENS SO - "3 .tW. .1 RX. 68 P '•• �, t � * 7N�_ � y - iJN�rERs %rY �• 6�tRDENS NO p � - 69yr 7 APPLICANT: AyOR 4 CITY ONA+tIt.Si ow�ER'l OWMR: MAP REFERENCE: 60401A ail or Sw `t cfil�ii r Compass COP+MNTS ; Scale .S . S� Date.R,.':arJ" . Drn ...... Chk ..... CITY of i0UTR WAMI PLANNING Bo A R D Dearing No Rly cool RESOLUTION 10. A RESOLUTION OF THR XATOR AND CITT CO)MISSION OF TES CITY (iF SOUTH NIANI , FLORIDA. AUT813RIZING PUBLIC BRARINGS TO BR MR RRGARDITG THE CLOSING OF 8. V. GIST COURT AT S. V. 64TH TERRACE BY CREATING A COL- DR-S&C AND PLACING BOLLARDS AT THB INTERSECTION OF S.V. GIST COURT AND 66TH STRBBT. VHEREAS, the City Comaission of the City of South ' Xiant has created a Safe Neighborhood Improvement Board of Directors to study areas of the City in regard to cries prevention; and VHEREAS, the City wishes to close S. V. 61st Court at S. V. 64th Terrace by creating a cul-de-sac and placing bollards at the Intersection of S.V. 61st Court and S.W. 66th Street. NOV. THEREFORE, BE IT RESOLM BY THE XAYOR AND THE CITY COXX I SS I 08 OF THE CITY OF SOUTH l[ I ANI . FLORIDA Section 1. That the City Commission does hereby authorize public hearings to be held by the Planning Board and City Commission in regard to closing S. V. 61st Court at S. V. 64th Terrace by creating a cul -de -sac and placing bollards at the intersection of S. V. 61st Court and S.V. 66th Street. PASSED AND ADOPTED this day of , 1989. APPROVED: RAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY i Resolut \61stCourt.close 4057 oil. RESOLUTION NO. 116 -89 -8095 A RESOLUTION AUTHORIZING PUBLIC HEARINGS TO BE HELD REGARDING THE CLOSING OF S.W. 61ST COURT AT S -V- 64TH TERRACE BY CREATING A COL -DE -SAC AND PLACING BMLARDS AT THE INTERSECTION OF S.W. 61ST COURT AND S.W. 66TH STREET. Moved by Commissioner Browa, seconded by Vice -Mayor Schvait, the resolution be adopted and assigned the next number by the City Clerk. Commissioner Brown explained that this resolution is i result of a request by the Safe Neighborhood improvement District Board. It is hoped that this vill cut traffic, give additional parking_ to the South Miami /Rose Lee Wesley Health Clinic and give a better use to Marshall Williamson Park. CCM -14• 10/17/89 rjn RESOLUTION HO. A RESOLUTIOR OF THE XAYOR AND CITY CONRISSiON OF THE CITY-OF SOUTH XIAXI, FLORIDA, AUTHORIZING THE CLOSING OF S.W. 57th STREET AT S.W. 62TH AVENUE. WHEREAS, residents of the City have expressed concerns regarding the traffic conditions at S.W. 57th Street at 62nd Avenue; and WHEREAS, the Planning Board at a meeting on November 28, 1989 moved 6 -0 that 57th Street be one way west only from Miller Road to 62nd Avenue (with a traffic counter) for three months and then that 57th Street be closed by barricades at 62nd Avenue for three months also to be monitored by the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby authorizes the closing of S.W. 57th Street at 62nd Avenue. PASSED AND ADOPTED this day of , 1989. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \57thst2.close 6 a } O I Z MUM 111621 APPLICANT: MA)* t CITY COARIssoomms OWMRs MAP REFERENM.- ('L *lts(P .IF S.W. si ST. Compaq: COMMENTS: S. r+l • BIZ Avg. Sca le A#. *am. Date Drn ...... Chk..... CrI ! Y 4i IVVI u AKIAJAI M PLANNING WARD Hearing lea .��7 - S , .7 A !i �3 �s M °� • " » o a APPLICANT: MA)* t CITY COARIssoomms OWMRs MAP REFERENM.- ('L *lts(P .IF S.W. si ST. Compaq: COMMENTS: S. r+l • BIZ Avg. Sca le A#. *am. Date Drn ...... Chk..... CrI ! Y 4i IVVI u AKIAJAI M PLANNING WARD Hearing lea .��7 - S , .7 A !i °� • " » o a r f sN s� rr APPLICANT: MA)* t CITY COARIssoomms OWMRs MAP REFERENM.- ('L *lts(P .IF S.W. si ST. Compaq: COMMENTS: S. r+l • BIZ Avg. Sca le A#. *am. Date Drn ...... Chk..... CrI ! Y 4i IVVI u AKIAJAI M PLANNING WARD Hearing lea .��7 • � mod, _ - -- et s Ot / h _ �. •t. . »i i o �i Ott sp ' o _a 1 • a ^ �f'i � \ � � � N s 1� ifs _ i..... • =own ld a Lew Ir Ott _ � a r `tJ Os' i• s ds nn ` Ilk 411 W ns i Fir ue 3 � 4 e s . � a• tv +s ' O �: O PJ: Q .. 00 ' � �• Gt rt�1 r e r Po, •' ••t ce '• rt - •.I • Y. r4 ��, 4 �� AL �s, '• 0 ., , o H t� 14 0 Nu Z X J. o wo • w, RESOLUTION NO. 126-89-9005 A R EbT)LUT I ON OF THE RAYOR AND CITY COXX I SS I ON OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING PUBLIC HEARINGS TO BE HELD REGARDING THE CLOSING OF S.Y. 57th STREET AT S.Y. 62TH AVENUE. VHERW", resident -L of the City have expre__ -ed concerns regarding the traffic conditions at S.W. 57th Street at 62r.d Avenue; and WHEREAS, the City wishes to hold public hearing to address, this issue. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: z'ection 1. That the City Commission hereby authorizes public hearings to be held by the Planning Board and City Commission in regard to closing S.W. 57st Street at 62nd Avenue. PASSED AND ADOPTED this 7th day of November 1agn, APPROVED: MAYOR ATTEST: F'ele c `AIZ� CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \57thstreet.close RESOLUTIONS: f5 RESOLUTION NO. 126 -89 -9045 A RESOLUTION AUTHORIZING PUBLIC HEARINGS TO BE HELD REGARDING THE CLOSING OF S.W. 57TH STREET AT S.W. 62ND AVENUE. Moved by Vice -Mayor Schwait, seconded by Commissioner McCann, the resolution be adopted and assigned the next number by the City Clerk.' Vice -Mayor Schwait recognized Mr. Glen Schaerer, area resident. Mr. Schairear explained that 62nd Avenue is presently being used as a short cut from Miller to S.W. 62nd Avenue by many motorists and it is detrimental to the residents of that neighborhood. Vice -Mayor Schwait noted this resolution is only to send this item to the Planning Board for their consideration and recommendation. Motion passed 3/0: Vice -Mayor Schwait, yea; Commissioner Brown, yea; Commissioner McCann', yea (Mayor Porter and Commissioner Launcelott absent)'. Commissioner Brown urged proper notification to the area residents of this item, which should include posting and mailing of meeting dates. On Tuesday, December 19, 1989, at 7:30 P.M. in the City Commission Chambers, the City Commission of the City of South Miami will conduct a Public Hearing on the following matters. PB -89 -027 Applicant: Request: Mayor & City Commissioners Closing of S.W. 57`` Street at S.W. 62`" Avenue. RESOLUTION NO. 10- 87 -7003A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING RESOLUTION NO. 10 -87 -7003 BY APPROVING AND GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A PLANNED DEVELOPMENT HOUSING DISTRICT (PD -H) SCHOOL, PUBLIC\PRIVATE WITHIN THE CITY LOCATED AT -8512 8530 RED ROAD, SOUTH MIAMI, FLORIDA. WHEREAS, on February 3, 1987, the City Commission of the City of South Miami held a public hearing on the application of Rod and Carol Mandelstam ( "Applicants ") to be allowed a PD -H special use permit for the construction of a school at 8512 8530 Red Road, South Miami, Florida on property more particularly described on a legal description attached hereto as Exhibit "1" and WHEREAS, the City Commission denied such request pursuant to Resolution No. 10 -87 -7003; and WHEREAS, pursuant to Case No. 88 -651, the Third District Court of Appeal has reversed the City's decision and has mandated the issuance of a special use permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1, Findings of Fact. That the City Commission, sitting, in its quasi - judicial capacity, having held a public hearing, with notice as required by law, and having considered and weighed all competent 'evidence and having heard all persons as required by law, and pursuant to Article XVI of the Official Zoning Ordinance of South Miami (hereafter "Zoning Ordinance"), and in consideration of the Court Order referred to above, makes the following decision based upon the greater weight of competent evidence in the ` context of the general and specific standards and other requirements set out in Article XVI, Planned Development Regulations, of the Zoning Ordinance. Section 2, Approval of Special Use Permit for Planned Development, The City - Commission- hereby approves the grant of Special Use Permit to authorize the construction of -a Planned 1- Development Housing District (PD -H) development, subject to the conditions and `safeguards set out hereinafter is Section (3) of this Resolution. This PD -H district shall be comprised of the gymnastic and other school buildings and grounds as reflected on the site plan prepared by , and dated under reference No. and such site plan is hereby incorporated by reference as part of this special permit resolution. Section 3. Conditions and Safeguards In its exercise of quasi- judicial authority, the City Commission is authorized by Section 16- 6 -3(5) of the 'Zoning Ordinance to attach conditions and safeguards to 'protect the public interest in the granting of a Special Use Permit for ,'a planned development. The following conditions and safeguards are hereby attached to and are made a part of this approval, a. The application for a special use permit and all maps, plans, documents, covenants, agreements, stipulations, conditions and safeguards shall be marked and identified by the Director of Building Zoning and Community Development ("Director"), and shall' be placed on file -, as required by Section 16-6-3(5) (g) of the Zoning Ordinance in the Office of the City Clerk. Theses materials shall constitute the regulations for the development. Where there are `conflicts between the application and these conditions and safeguards, these conditions and safeguards shall govern. b. Where public improvements, including roadway improvements, are to be provided at the Applicant's expense, improvements required must be completed and any necessary approvals regarding such improvements must be issued by the appropriate governmental agency before any Certificate of Occupancy is issued, c, The Applicant shall establish on -site parking facilities particularly with respect to employee parking. d. To the end that full traffic and pedestrian flow can be maintained on City right -of -ways during the course of construction, the Applicant will submit to and receive the approval of the Director of a traffic maintenance plan for the entire construction period prior to the issuance of any building permits. Such plan shall demonstrate that circulation can be maintained as proposed. The Director's approval shall under no circumstances be - unreasonably withheld,' e. No Certificate of Occupancy shall be issued for any completed stage or sub -stage until a directional sgnage plan for automotive vehicles and pedestrians, with and without the project, has been approved by the Director and such signs are in place. 2 e f The Director,_ under the supervision of the City Manager, is designated as the City's official to monitor compliance with all provision of the approved Special Use Permit and Development Order as required by Article XVI of the Zoning Ordinance. The Applicants will assist, in and facilitate the monitoring responsibilities of the Director. The Applicants shall designate a person as a monitor contact for the Director. In the context of Section 16 -7 -3 of the Zoning Ordinance, the Applicant's monitor contact shall be responsible for promptly notifying the Director of any proposed minor changes in the development plans as approved' by the grant of Special, Use Permit. The naming of the Director as the individual to monitor the project is in addition to, and does not replace in any fashion, the normal construction inspection activities of the City and other government agencies'. g. In connection with the subsection (i) above, the Director may require from time to time, but at intervals of not less' than three (3) months, a written report from the Applicant's monitor contact as to the progress of the development. Such report shall include, but not be limited to, (1) the relation of construction progress to the conditions and safeguards on staging. (2) any problems in relation to the planned development, (3) relation of construction progress to the provision of public facilities, and utilities. It is understood that the Applicant's' monitor contact or the Director will contact one another at any time during the course of construction as the particular problems arise. h., Within one year of final approval by the Environmental" Review and Preservation Board, the _property owner must _obtain either', (1) a building permit and other permits for the proposed project or (2) commence construction for the extension of water and sewer Tines and other infrastructure' or roadway improvements to service the subject property.' In the -event that the property owner fails to fulfill the above requirement, the special use permit may be voided by the City Commission following notice and public hearing to the property owner. i. Prior to issuance of any building permit, the Applicant shall dedicate to the City all lands necessary to meet the requirements of Section 8 -7 of the Zoning Ordinance, "Official Right -of -Way Widths," or provide right-of-way areas of sufficient width to permit construction of the roadway improvements outlined in the application, whichever dedication is greater. J. In addition to the foregoing, the applicant agrees to fully perform all of the terms, covenants and conditions of the attached agreement and no certificate of occupancy shall be issued for any completed stage, -sub- stage or other work if there is any default by the Applicants of said agreement at the time of the request or requests for such certificate of occupancy. Section 4. Permitted Uses All schools teaching the following: Gymnastics and related disciplines, dance, health, physical education, recreation, pre- school, K through grades 12 and any course taught in grades K through 12 in the Dade County Public 3 School System. Section 5. Official Zoning Map. Upon the passage of this Resolution, action shall be taken to make the appropriate notations on the Official Zoning Map of the City of South Miami as required by Section 16 -5 -3 of the Zoning Code. Section 6. Effective Dade. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this _ day of 1989. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ' ATTORNEY Resolut \Gymnastic #2.school 4 i 4 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING LEGAL COUNSEL TO OFFER THE - AMOUNT OF DOLLARS AS SETTLEMENT OF A LIABILITY CLAIM AGAINST THE CITY. WHEREAS, the City is presently in litigation regarding a liability claim in the matter of City of South Miami v. Symons; and WHEREAS, the _City wishes to offer an amount of in settlement of this matter. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission hereby authorize legal counsel to offer the amount of Dollars to settle the liability claim of Ralph W. Symons against the City in Case No. 86 -42353 in Dade County Circuit Court. Section 2.- That the funds for the settlement shall be expended from Account No. 14520 -9100 entitled; Self Insurance Fund. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: L� CITY ATTORNEY Resolut \settle. res'� RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE CONTAINERS IN CONNECTION WITH THE CITY'S RECYCLING PROGRAM. WHEREAS, upon recommendation of the Public Works Department, the City Administration deems it necessary purchase containers for the City's Recycling Program; and WHEREAS, the City Administration is recommending that the item 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 containers for the City's Recycling Program be purchased from Government Bid at a total cost not to exceed $30,000.00 to be paid from Account No. 131 -400. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Containe.Res RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A USED FORK LIFT IN CONNECTION WITH THE CITY'S RECYCLING PROGRAM. WHEREAS, upon recommendation of the Public Works Department, the City Administration deems it necessary purchase a fork lift in connection with the City's recycling program; and WHEREAS, the City Administration is recommending that the item 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 fork lift be purchased from Government Bid at a total cost not to exceed $15,000.00 to be paid from Account No. 2100-5510, entitled: Contingency Fund. Section 2.- That upon receipt of state grant funds, the contingency fund shall be reimbursed. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut\Recyclin.Res ORDINANCE NO. 17 -87- 1289 -B' AN ORDINANCE OF THE MAYOR AND CITY COXXISSION OF THE CITY OF SOUTH HIAHI, FLORIDA, AMENDING ORDINANCE 17 -87- 1289 -A RELATING TO THE SALE OF ALCOHOLIC BEVERAGES BY AMENDING SECTIONS 4 -1, 4 -2 AND 4 =6 OF CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES BY REVISING THE ESTABLISHMENTS SUBJECT TO THE CODE'S PROVISIONS; ESTABLISHING EXCEPTIONS TO SPACING AND DISTANCE REQUIREMENTS; ADDING DEFINITIONS AND HOURS OF OPERATION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City has established, pursuant to Chapter 4 of the Code of Ordinances of the City of South Miami, rules and regulations regarding the sale of alcoholic beverages within the City; and WHEREAS, the Mayor and City Commission wish to amend specific sections of such chapter in order to address distance requirements between licensed establishments, to provide for definitions of establishments, and to regulate hours of operation of such establishments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That section 4 -1 of the Code of Ordinances is hereby amended as follows: Sec. 4 -1 Manufacture, sale distribution governed by provisions of this Chapter No person, firm or corporation shall engage in the manufacture,- sale or distribution of beverages ec��tta3- iag- -- mom-- rrr-- ,otre-- percezrt -of al- c�eho--- b - -weh as defined herein, either directly or indirectly, except strictly under the terms and provisions of this chapter. Section 2. That Section 4 -2 of the Code of Ordinances is hereby amended as follows: (d) exceptions to spacing and distance requirements. The restrictions and spacing requirements set forth in (a) (1) , (a) (2) and (a) (3) of this section shall not apply to at1�r perarrtte-- nrnz�on#vrmiTrg -ns- e�c- itiYrg -as- of_�ird� nsEaee-- 1-29.9-. (i) Any permitted nonconforming use. Restaurants in NR, SR, GR, I Districts, or Planned Unit Developments, in the City. (iii) The sale of beer and wine as a grocery item for consumption off the premises, from grocery stores or supermarkets. (IV) The sale of beer and wine when packaged as part' of - a sift basket from florists or retail gift stores for off- premises X a t consumption. Section 3. That Section 4 -6 of the Code of Ordinances is hereby amended as follows: (a) (4) Package store shall include all establishments engaged in the sale of alcoholic beverages for consumption off the premises only, but shall not include grocery stores or supermarkets. (b) Hours of operation 444 It shall be unlawful for any person licensed for the on- premises or off- premises sale of alcoholic beverages to sell or offer for sale such alcoholic beverages or to be open for business, in the case of bars and lounges as defined in subsection (a)(1) of tars- serc�tltm (a) (2) , (a) (3) or (a) (4) above, between the hours of 5:00 a.m. on any night and on weekdays after said closing until 11:00 a.m. of the following morning. a -in- the -e- o-- restarts- �rtd- 7rthtcl�bs a�kio - tae #,men -- the- 4*eHr,9 - - -Otity- Tright- and- e�-. wz® elc- ar} ds-- �fte�= sa3�-- ol�r�g-- �x�-��3 On Sundays, all places of business defined in either subsection (a) (1), (2) -ems (3) or (4) shall not sell or offer for sale such beverages before 1:00 p.m. Section 4. If any section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 6. This Ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED this _ day of 1989. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Deletions shown by - - - - -- Additions shown by _ Ordina \17- 87- 1B.ORD OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive' Next Resolution: 137 -89 -9014 SPECIAL CITY COMMISSION MEETING Next Ordinance: 22-.89 -1444 DECEMBER 19TH, 1989 Next Commission Meeting: 1/02/90 7:30 P.M. A. I-nvocati on B. Pledge of Allegiance to the Flag of the United States of America C. Items for Commission Consideration: 1) Appr.ova.1 .of Minutes for the City Commission Meeting of: a. November 21st, 1989 b. December 5th, 1989 .2) City_ Manager's Report 3) City Attorney's Report ORDINANCE SECOND READING AND PiJBLIC HEARING 4. An Ordinance acting as the Board of Directors of the District, to adopt 3/5 a Safe Neighborhood Improvement Distr,'t -i Plan for the City. (Administration) RESOLUTIONS FOR PUBLIC HEARING: 5. A'Resolution authorizing the closing Terrace by creating a cul -de -sac and of S.W. 61st Court and 66th Street. 6. A Resolution authorizing the closing Avenue of S.W. 61st Court at S.W. 64th 3/5 placing bollards at the intersection of S.W. 57th Street at S.W. 62nd 3/5 (Commissioner Brown) RESOLUTIONS: u u 34 Court 7. A Resolution amending Resolution No. 10 -87 -7003 by approving and grantingMandtt a special use permit to construct a Planned Developrment Housing District (PD -H) School, Public /Private within the City locateii at 8512 -8530 Red Road, South Miami, Florida. .(City Attorney) 8. A Resolution authorizing legal counsel to offer the amount of 3/5 Dollars as settlement of a liability claim against t e_C ty. (City Attorney) 9. A Resolution authorizing the City Manager to purchase containers in 4/5 connection with the City's Recycling Program. (Commissioner McCann) 0. A Resolution authorizing the City Manager to purchase a used fork lift 4/5 in connection with the City's Recycling Program. (Commissioner McCann) 3RDINANCES: ' 11. An Ordinance amending Ordinance 17- 89- 1289 -A relating to the sale of 3/5 alcoholic beverages by amending Sections 4 -1, 4 -2 and 4 -6 of Chapter 4 of the City's Code of Ordinances by revising the establishments subject to the Code's provisions; establishing exceptions to spacing and distance requirements; adding definitions and hours of operation; providing for severability and an effective date. (City Attorney) b f i OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive' Next Resolution: 137 -89 -9014 SPECIAL CITY COMMISSION MEETING Next Ordinance: 22-.89 -1444 DECEMBER 19TH, 1989 Next Commission Meeting: 1/02/90 7:30 P.M. A. I-nvocati on B. Pledge of Allegiance to the Flag of the United States of America C. Items for Commission Consideration: 1) Appr.ova.1 .of Minutes for the City Commission Meeting of: a. November 21st, 1989 b. December 5th, 1989 .2) City_ Manager's Report 3) City Attorney's Report ORDINANCE SECOND READING AND PiJBLIC HEARING 4. An Ordinance acting as the Board of Directors of the District, to adopt 3/5 a Safe Neighborhood Improvement Distr,'t -i Plan for the City. (Administration) RESOLUTIONS FOR PUBLIC HEARING: 5. A'Resolution authorizing the closing Terrace by creating a cul -de -sac and of S.W. 61st Court and 66th Street. 6. A Resolution authorizing the closing Avenue of S.W. 61st Court at S.W. 64th 3/5 placing bollards at the intersection of S.W. 57th Street at S.W. 62nd 3/5 (Commissioner Brown) RESOLUTIONS: u u 34 Court 7. A Resolution amending Resolution No. 10 -87 -7003 by approving and grantingMandtt a special use permit to construct a Planned Developrment Housing District (PD -H) School, Public /Private within the City locateii at 8512 -8530 Red Road, South Miami, Florida. .(City Attorney) 8. A Resolution authorizing legal counsel to offer the amount of 3/5 Dollars as settlement of a liability claim against t e_C ty. (City Attorney) 9. A Resolution authorizing the City Manager to purchase containers in 4/5 connection with the City's Recycling Program. (Commissioner McCann) 0. A Resolution authorizing the City Manager to purchase a used fork lift 4/5 in connection with the City's Recycling Program. (Commissioner McCann) 3RDINANCES: ' 11. An Ordinance amending Ordinance 17- 89- 1289 -A relating to the sale of 3/5 alcoholic beverages by amending Sections 4 -1, 4 -2 and 4 -6 of Chapter 4 of the City's Code of Ordinances by revising the establishments subject to the Code's provisions; establishing exceptions to spacing and distance requirements; adding definitions and hours of operation; providing for severability and an effective date. (City Attorney) SPECIAL CITY COMMISSION MEETING PAGE 2 DECEMBER 19TH, 1989 Discussion: Orr's Pond Tree Survey Remarks None 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 proceed,ngs is made, which record includes the testimony and evidence upon which the appeal is based. ORDINANCE NO. 5 -88- 1300 -B AN ORDINANCE OF THE MAYOR AND CITY COMXISSION OF THE CITY OF SOUTH XIAXI, FLORIDA, ACTING AS THE BOARD OF DIRECTORS OF THE DISTRICT, TO ADOPT A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN FOR THE CITY WHEREAS, the Mayor and City Commission of the City of South Miami adopted Ordinance No. 5 -88- 1300, and as amended by Ordinance No. 5 -88- 1300 -A, which created a Safe Neighborhood Improvement District; and WHEREAS,, - pursuant to the enabling Ordinances, the Advisory Committee has recommended a plan which the Commission, acting as the Board of Directors of the District, wishes to adopt. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission hereby find the plan as referred to in Section 2 - hereof to be consistent with the City's Comprehensive Land Use Plan. Sect ion _2. That the Safe Neighborhood Improvement District Plan prepared by the Hahn, Perez, Bellomo Group, Inc., dated September 22 1989 and attached hereto as Exhibit "A" is hereby adopted, as may be amended. Section 3.. That all funding for the district shall be budgeted in accordance with the provisions of Chapter 163, Part IV, Florida Statutes. PASSED AND ADOPTED this day of 1989. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY _ Deletions shown by Additions shown by Ordina \improvem. ord RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COXKISSIOH OF THE CITY OF SOUTH XIAMI, FLORIDA, AUTHORIZING THE CLOSING OF S.V. 61ST COURT AT S.V. 64TH TERRACE BY CREATING A CUL -DE -SAC AND PLACING BOLLARDS AT THE INTERSECTION OF S.V. GIST COURT AND 66TH STREET. WHEREAS,. the City Commission of the City of South Miami has created a Safe Neighborhood Improvement Board of Directors to study areas of the City in regard to crime prevention; and WHEREAS, the City wishes to close S. W. 61st Court at S. W. 64th Terrace by creating a`cul -de -sac and placing bollards at the intersection of S. W. 61st Court and S. W. 66th Street; and WHEREAS, at a Planning Board meeting on November 28, 1989, the Planning Board voted 5 -0 to approve. NOV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:, Section 1. That the City Commission the closing of S. W. 61st Court at S.W. 64th Terrace by creating a cut -de -sac and placing bollards at the intersection of S. W. 61st Court and S. V. 66th Street. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \61CRT2.CLO 1 - - - -- -- - -- S.W. 66 STREET TENNIS COURT I i LEGEND. I - ~�` EXISTING BERMING rl PARKING , • EXISTING STREET LIGHT oil , tt \a \� PLAY AREA �` \\ S.W. 66 STREET MARSHALL WILLIAMSON PARK EXISTING THE CITY OF SOUTH MIAMI -SAFE NEIGHBORHOOD IMPROVEMENT PROGRAM Preoared by: THE HAHN. PEREZ. SELLOMO GROUP. INC. LAND PLANNERS AND LANDSCAPE ARCHITECTS 40f Easo fOata fu4aI. Saes s0t Or4Na. ftar.0a .72001 407 -843- SOT•.. �.. ..rte- S.W. as STREET F91 i SKETSALL cov LEGEND EXISTING STREET LIGHT PROPOSED STREET LIGHT PROPOSED SERVING PROPOSED BOLLARDS C\ °4s ` ti PLAY AREA \ O S.N. 6a, STREET MARSHALL WILLIAMSON PARK PROPOSED THE CITY OF SOUTH MIAMI SAFE NEIGHBORHOOD IMPROVEMENT PROGRAM Preanred by: THE HANN. PEREZ, BELLOMO GROUP..INC. O LANG PLANNERS AND LANDSCAPE ARCHITECTS _ 400 Eo01 S001ii Su�.60#1. 1071 Olga&# I10�i0• 3 t00f 40t- •tl -1 :,a 057 i t S* 2", 24 ri w 5w 42 or 'Kip- 1 3r+ �R Lr t.• JO 40 Ar 13'rs s ` ffl 11 y !! / no f ♦ 3 J/ 1 ' + ! s vra M +, = h a l+ fir `.7 t ., y. G ! d ! p .4 /I Z r 7i J J I _ •! . 0 �. 3 ? 1 s � � Il frf . i w i! I: Ns S.W.. 6t TERR i is s, " p tilN/YERS/ /Y N �i Il :2 .r :.TRACT / j f GARDENS NO I 30 S7 SW TRA, cf 6' , . Tf.� "C .. " s f iI .6 Sw ' 66 T y R , b h TRACT C SW. 6`7 S• IS wwralTY TR.lCT..c WMIANSON' CAROENS NO -3 i . PA Sbv Sw ST li.:v. le GARDENS #0 jo TRACT . e Sol 7. APPLICANT; MAYottt CiTy Coswisstomews OWNER: MAP REFERENCE: 6041wt4fa or SW G1 cor Compass CONMNTS : Scale. A.*. Am. Date.to -. i7° J" .. . Drn ...... Chk..... CITY or SOUTu JKIAMI PLANNING 60A RD M. 01.c96 -- Hearing No . RESOLUT ION NO. A RESMUT I ON OF THE XAYOR ARD C ITT CO)MI SS ION OF THE CITY OF SOUTH NI AXI , - FLORIDA, AUTHORIZING PUBLIC HEARINGS TO BE HELD REGARDING THE CLOSING OF S. V. GIST COURT AT 8-V- 64TH TERRACE BY CREAT I TG A CUL -DR -SAC AND PLACING BOLLARD6 AT THE INTER88CTION OF S.V. 61ST COURT AND 66TH STRBBT. VHBREAS, the City Commission of the City of South Maul has created a Safe Neighborhood Improvement Board of Directors to study areas of the City in regard to crime prevention; and VAERBAS, the City wishes to close , S. V. 61st Court_ at S. V. 64th Terrace by creating a cul -de -sac and placing bollards at the intersection of S.V. 61st Court and S.W. 66th Street. NOV, THEREFORE, BE IT RESOLVED BY THE l[AYOR AND THE CITY COXXISSION OF THE CITY OF SOUTH XIAXI, FLORIDA: Section I. That the City Commission does hereby authorize public hearings to be held by the Planning Board and City Commission in regard to closing S.V. 61st Court at S.V. 64th - Terrace by creating ;a cul -de -sac and ;placing bollards at the intersection of S.V. 61st Court and S.V. 66th Street. PASSED AND ADOPTED this day of 1989. APPROVED: XAYOR ATTEST; CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY Resolut\61stCourt.close - - - -- _ _ - - -- __ -_ II- oil. RESOLUTION NO. 116 -89 -8095 A RESOLUTION AUTHORIZING PUBLIC HEARINGS TO BE HELD REGARDING THE CLOSING OF S .W. 61ST COURT AT S.o • 64TH TERRACE BY CREATING A COL -DE -SAC AND PLACING BOLLARDS AT THE INTERSECTION OF S.W. 61ST COURT AND S.W. 66TH STREET. Moved by Commissioner Brown, seconded by Vice -Mayor Schwait, the resolution be adopted and assigned the neat number by the City Clerk. Commissioner Brown explained that this resolution is a result of a request by the Safe Neighborhood Improvement District Board. it is hoped that this will cut traffic, give additional parking to the South Miami /Rose Lee Wesley Health Clinic and give a better use to Marshall Williamson Park. CCM -14 10/17/89 rjn RESOLUTION NO. A RESOLUTION OF THE XAYOR AND CITY COINXISSIOH OF THE CITY-OF SOUTH XIAXI, FLORIDA, AUTHORIZING THE CLOSING OF S. V. ; 57th STREET AT S. V. ,62TH AVENUE. WHEREAS, residents of the City, have expressed concerns regarding the traffic conditions at S. W. '57th Street at 62nd Avenue; and WHEREAS, the Planning Board at a meeting on November.28, 1989 moved 6 -4 that 57th Street be one way west only from Miller Road to 62nd Avenue (with `a traffic counter) for three months and then that 57th Street be closed by barricades at 62nd Avenue for three months also to be monitored by the City. II I NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby authorizes the closing of S. W. 57th Street at 62nd Avenue. PASSED AND ADOPTED this day of 1989 APPROVED: MAYOR ATTEST CITY CLERK READ AND - APPROVED -AS TO FORM: CITY ATTORNEY Resolut \57thst2.close 3 K tr >rr I� {. U- is 3•f7 y s ♦ s f• f � Ilk k- . i' .r. i ! ♦ 4 706- A,* 4L Ar J L s a• .A N •r� r� a. w :� V � _ � s A . rM z0 ahv - . _ - . _ d s• �, i. , �ia•.�w Sam s• N : sr it 67 li =^ . 1 != ` =i 1. i t a r. •• i ,SM !0 >Y' ra. sw Si sri _ _ / IA lip .4 Ai _ S/+t iron 3>• . . •Srl • !>' V i _/ f . 3 ! ' y !rr 1.•► lrt , r+ !7 : N I' i lyM Z t/ 1i -ir 1i it 7� 1 NZ a t� `s 3_ _ • SW PIS $,7 Iv is N` wi d "t:l • � �� s s2 sr. - .� .,,.. s w 6•? sT. R -� 1I APPLICANT: MAyog f CITY COOMISSIOMMS OWMR IMP REMRENM -. CL SIMP OF S.W. S7 ST. coMIEN TS : AT S• 1M • GZ AVE. 4CIT ov SO UTO 1KIAM1 f PLANNING t 150A RD Compass Scale Date R .. . Drn ...... Chk..... Hearing Nol!/.! :9!7 q � • s S •. 7 !' .I J j 4 ! t� oc <T .. til 4 • O r J �4 O •7 V� � _ � f 1 0!!�� •4 r- 'J , A '1 - •mil, Z ? nay ) •� � ~ � � 2 1 It 5 Oft ft►AvE e •► •t +�`.� �iw use Q �. lot till IWW • 0 v' ` Gr ti s•�� `� ` N w c •` a Nn 120 // O 1 /2o N ' mil• 2,0• j1 SS ,y►j� St's/ � j � , – - – — - -- RESOLUTION NO. 126 -$9 -9005 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING PUBLIC HEARINGS TO BE HELD REGARDING THE CLOSING OF S.V. 57th STREET AT S.V. 62TH AVENUE. WHEREAT, resident- of the City gave e: :pre.__7ei concern_ regarding the traffic conditions at S.W. 5 ^,th Street at 62nd Avenue; and WHEREAS,. the City wishes to hold public hearing to address this issue. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TIME CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 'ection 1. That the City Commission hereby authorizes public hearings to be held by the Planning Board and City Commission in regard` to closing S. W. 57st Street at 62nd Avenue. PASSED AND ADOPTED this 7th day of November lag<z APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPEOVED AS TO FORK: CITY ATTORNEY Resolut \57thstreet. close i RESOLUTIONS: !S RESOLUTION NO. 126 -89 -9005 A RESOLUTION AUTHORIZING - PUBLIC HEARINGS TO BE HELD REGARDING THE CLOSING OF S.W. 57TH STREET AT S.W. 62ND AVENUE. Moved by Vice -Mayor Schwait, seconded by Commissioner McCann, the resolution be adopted and assigned the next number by the City Clerk.' - Vice -Mayor Schwait recognized Mr. Glen Schaerer, area resident. Mr. Scharear explained that 62nd Avenue is presently being used as a short cut from Miller to'S.W. 62nd Avenue by many motorists and it is detrimental to the residents of that neighborhood. Vice -Mayor Schwait noted this resolution is only to send this item to the Planning Board for their consideration and recommendation. Motion passed 3/0: Vice -Mayor Schwait, yea; Commissioner Brown, yea; Commissioner McCann, yea (Mayor Porter and Commissioner Launcelott absent). Commissioner Brown urged proper notification to the area residents of this item, which should include posting and mailing of meeting dates. eo RESOLUTION NO. 10- 87 -7003A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING RESOLUTION NO. 10 -87 -7003 BY APPROVING AND GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A PLANNED DEVELOPMENT HOUSING DISTRICT (PD -H) SCHOOL, PUBLIC\PRIVATE WITHIN THE CITY LOCATED AT 8512 8530 RED ROAD, SOUTH MIAMI, FLORIDA. WHEREAS, on February 3, 1987, the City Commission of the City of South Miami held a public hearing on the application of Rod and Carol Mandelstam;( "Applicants ") to be allowed a PD -H special use permit for the construction of a school at 8512 8530 Red Road, South Miami, Florida on property more particularly described on a legal description attached hereto as 'Exhibit "1 "; and WHEREAS, the City Commission denied such request pursuant to Resolution No. 10 -87 -7003; and WHEREAS, pursuant to Case No. 88 -651, the Third District Court of Appeal has reversed the City's decision and has mandated the issuance of a special use permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Findings of Fact. That the City Commission, sitting in its quasi - judicial capacity, having held a public hearing, with notice as required by law, and having considered and weighed all competent evidence and having heard all persons as required by law, and pursuant to Article XVI of the Official Zoning Ordinance of South Miami (hereafter "Zoning Ordinance "), and in consideration of the Court Order referred to above, makes the following decision based upon the greater weight of competent evidence in the context of the general and specific standards and other requirements set out in Article XVI, Planned Development Regulations, of the Zoning Ordinance. Section 2. Approval of Special Use Permit for Planned Development. The City Commission hereby approves the grant of Special Use Permit to authorize the construction of a Planned Development - Housing District (PD -H) development, subject to the conditions and safeguards set out hereinafter is Section (3) of this Resolution. This PD -H district shall be comprised of the gymnastic and other school buildings and grounds as reflected on the site plan prepared by and dated under reference No. , and such site plan is hereby incorporated by reference as part of this special permit resolution. Section 3. Conditions and Safeguards In its exercise of quasi - judicial authority, the City Commission is authorized by Section 16- 6 -3(5) of the Zoning Ordinance to attach conditions and safeguards to protect the public interest in the granting of a Special Use Permit- for a planned development. The following conditions and safeguards are hereby attached to and are made a part of this approval. a. The application for a special use permit and all maps, plans, documents, covenants, agreements, stipulations, conditions and safeguards shall be marked and identified by the Director of Building Zoning and Community Development ( "Director "), and shall be placed on file,- as required by Section 16- 6-3(5) (g) of the Zoning Ordinance in the Office of the City Clerk, Theses materials shall constitute the regulations for the development. Where there are conflicts between the application and these conditions and safeguards, these conditions and safeguards shall govern. b. Where public improvements, including roadway improvements, are to be provided at the Applicant's expense, improvements required must be completed and any necessary approvals regarding such improvements must be issued by the appropriate governmental agency before any Certificate of Occupancy is issued. c. The Applicant shall establish on -site parking facilities particularly with respect to employee parking. d. To the end that full traffic and pedestrian flow can be maintained on City right -of -ways during the course of construction, the Applicant will submit to and receive the approval of the Director of a traffic maintenance plan for the entire construction period prior to the issuance of any building permits. Such plan shall demonstrate that circulation can be maintained as proposed. The Director's approval shall under no circumstances be unreasonably withheld. e. No Certificate of Occupancy shall be issued for any completed stage or sub- stage until a directional signage plan for automotive vehicles and pedestrians, with and without the project, has been approved by the Director and such signs are in place. 2 f. The Director, under the supervision of the City Manager, is designated as the City's official to monitor compliance with all provision of the approved Special Use Permit and Development Order as required by Article XVI of the Zoning Ordinance. The Applicants will assist in and facilitate the monitoring responsibilities of the Director. The Applicants shall designate a person as a monitor contact for the Director. In the context of Section 16 -7 -3 of the Zoning Ordinance, the Applicant's monitor contact shall be responsible for promptly notifying the Director of any proposed minor changes in the development plans as approved by the grant of Special Use Permit. The 'naming of the Director as the individual to monitor the project is in addition to, and does not replace in any fashion, the normal construction inspection activities of the City and other government agencies. g. In connection with the subsection (i) above, the Director may require from time to time, but at intervals of not less h. i. i - than three (3) months, a written report from the Applicant's monitor contact as to the progress of the development. Such report shall include, but not be limited to, (1) the relation of construction progress to the conditions and safeguards on staging. (2) any problems in relation to the planned development, (3) relation of construction progress to the provision of public facilities and utilities. It is understood that the Applicant's monitor contact or the Director will contact one another at any time during the course of construction as the particular problems arise. Within one year of final` approval by the Environmental Review and Preservation Board, the property owner must obtain either (1) a building permit and other permits for the proposed project or (2) commence construction for the extension of water and sewer lines and other infrastructure or roadway improvements to `service the subject property. In the event that the property owner fails to fulfill the above requirement, the special use permit may be voided by the City Commission following notice and 'public hearing to the property owner. Prior to issuance of any building permit, the Applicant shall dedicate to the City all lands necessary to meet the requirements of Section 8 -7 of the Zoning Ordinance, "Official Right-of-Way Widths," or provide right -of -way areas of, sufficient width to permit construction of the roadway improvements outlined in the application, whichever dedication is greater. In addition to the foregoing, the applicant agrees to fully perform all of the terms, covenants and conditions of the attached agreement and no certificate of occupancy shall be issued for any completed stage, sub -stage or other work if there is any default by the Applicants of said agreement at the time of the request or requests for such certificate of occupancy. Section 4. Permitted Uses All schools teaching the following: Gymnastics and related disciplines, dance, health, physical education, recreation, pre - school,, K through grades 12 and any course taught in grades K through 12 in the Dade County Public School System. Section 5. Official Zoning Map. Upon the passage of this Resolution, action shall be taken to make the appropriate notations on the Official Zoning Map of the City of South Miami as required by Section 16 -5 -3 of the Zoning Code. Section 6. Effective Dade. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Gymnastic #2.school 4 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING LEGAL COUNSEL TO OFFER THE AMOUNT OF ( ) DOLLARS AS SETTLEMENT OF A LIABILITY CLAIM AGAINST THE CITY. WHEREAS, the City is presently in litigation regarding a liability claim in the matter of City of South Miami v. Symons; and WHEREAS, the City wishes to offer an amount of in settlement of this matter.' NOV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission hereby authorize legal counsel to offer the amount of t ) Dollars to settle the liability claim of Ralph W. Symons against the City in Case No. 86 -42353 in Dade County Circuit Court. Section 2. That the funds for the settlement shall be expended from Account No. 14520 -9100 entitled; Self Insurance Fund. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \settle.res � J RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE CONTAINERS IN CONNECTION WITH THE CITY'S RECYCLING PROGRAM. WHEREAS, upon recommendation of the Public Works Department, the City Administration deems it necessary purchase containers for the City's Recycling Program; and WHEREAS, the City Administration is recommending that the item 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 containers for the City's Recycling Program be purchased from Government Bid at a total cost not to exceed $30,000.00 to be paid from Account No. 131 -400. PASSED AND ADOPTED this day of 1989. APPROVED MAYOR ATTEST: I I CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Containe.Res b Q RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A USED FORK LIFT IN CONNECTION WITH THE CITY'S RECYCLING PROGRAM. WHEREAS, upon recommendation of the Public Works Department, the City Administration deems it necessary purchase a fork lift in connection with the City's recycling program; and WHEREAS, the City Administration is recommending that the item 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 fork lift be purchased from Government Bid at a total cost not to exceed $15,000.00 to be paid from Account No. 2100 -5510, entitled: Contingency Fund. Section 2. That upon receipt of state grant funds, the contingency fund shall be reimbursed. PASSED AND ADOPTED this day of 1989 APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO 'FORM: CITY ATTORNEY Resolut \Recyclin.Res i ORDINANCE NO. 17 -87- 1289 -B AN ORDINANCE OF THE MAYOR AND CITY COXKISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 17 -87- 1289 -A RELATING TO THE SALE OF ALCOHOLIC BEVERAGES BY AMENDING SECTIONS 4 -1, 4 -2 AND 4 -6 OF CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES BY REVISING THE ESTABLISHMENTS SUBJECT TO THE CODE'S PROVISIONS, ESTABLISHING EXCEPTIONS TO SPACING AND DISTANCE REQUIREMENTS; ADDING DEFINITIONS AND HOURS OF OPERATION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City has established, pursuant to Chapter 4 of the Code of Ordinances of the City of South Miami, rules and regulations regarding the sale of alcoholic beverages within the City; and WHEREAS, the Mayor and City Commission wish to amend specific sections of such chapter in order to address distance` requirements between licensed establishments, to provide for definitions of establishments, and to regulate hours of operation of such establishments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That section 4 -1 of the Code of Ordinances is hereby amended as follows: Sec. 4 -1 Manufacture, sale distribution governed by provisions of this Chapter No person, firm or corporation shall engage in the manufacture, sale or distribution of beverages -- percsrrt -of a4-Geko- l--- 'by --- we --ght as defined herein, either directly or indirectly, except strictly under the terms and provisions of this chapter. Section 2. That Section 4 -2 of the Code of Ordinances is hereby amended as follows: (d) exceptions to spacing and distance requirements. The restrictions and spacing requirements set forth in (a) (1), (a) (2) and (a) (3) of this section shall not apply to artY"Permtte --ntrmconfvrming-nse---ezci-stiYtg-as- of- �l�d�.�aea-- �a88, (i) Any permitted nonconforming use. Restaurants in NR, SR, GR, I Districts, or Planned Unit Developments, in the City. The sale of beer and wine as a grocery item for consumption off the premises, from grocery stores or sypgrmarkets. (IV) The sale of beer and wine when packaged as part of a gift basket from florists or retail gift stores for off - premises vd' consumption. Section 3. That Section 4 -6 of the Code of Ordinances is hereby amended as follows: (a) (4) Package store shall include all establishments engaged in the sale of alcoholic beverages for consumption off the premises only, but shall not include grocery stores or supermarkets. (b) Hours of operation 444 It shall be unlawful for any person licensed for the on-premises_ or off - premises sale of alcoholic beverages to sell or offer for sale such alcoholic beverages or to be open for business, in the case of bars and lounges as defined in subsection (a)(1) of is -secir (a)(2), (a) (3) or (a) (4) above, between the hours of 5:00 a.m. on any night and on weekdays after said closing until 11:00 a. m. of the following morning_ a4k&- le -4ke- ease- 4 €- esata-- arnd- ghtpabs- as- def- iced-- a--- 6beeot4ons - --{i F2� -- arie-- Fr�� - -of- -this- s�tlon-- be #.�eea -- the-- hcaers - -- a #- �r9�3--- a- �: - -on - a�q- irtght- and tYs __ir�llowg -- Boa -ng.- On Sundays, all places of business defined in either subsection (a) (1), (2) -er- (3) or (4) shall not sell or offer for sale such beverages before 1:00 p.m. Section 4. If any section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 6. This Ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED this _ day of 1989. APPROVED MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Deletions shown by Additions shown by w ., Ordina \17- 87- 1B.ORD