09-19-88._4
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
SEPTEMBER 19TH, 1988 (changed from 9/20/88)
7:30 P.M.
A. Invocation
Next Resolution: 142 -88 -7055
Next Ordinance: 16 -88 -1410
Next Commission Meeting: 10/04/88
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentation by Mayor
D. Items for Commission Consideration:
1. Approval of Minutes:
a.
b.
C.
d.
e.
August 2nd, 1988, Regular City Commission meeting
August 19th, 1988, Special City Commission meeting
August 23rd, 1988, Safe Neighborhood Improvement District
September 2nd, 1988, Special City Commission' meeting
September -6th, 1988, Regular City Commission, meeting
2. City Manager's Report
3. , City Attorney's Report
ORDINANCES /SECOND READING AND PUBLIC HEARING:
none
RESOLUTION FOR PUBLIC HEARING: JJ j _ — W 1 6
4. A Resolution granting a Home Occupational License for the practice of architecture
in a residence located in an RS -3 district on property legally described as the
East 120' of the North 1/2 of the East 112 of the S.W. 1/4 less the South 20' of
Section 25, Township 54S., Range 40 East in Dade County, Florida, a /k /a 6802 S.W.
64th Avenue, South Miami, Florida. ( Administration /Planning Boar )
5. A Resolution amending Resolution 70 -84- 0 P4AA by deleting the d ri ector of Building,
Zoning and Community Development as an employee authorized to have overnight and
holiday use of a City vehicle. (Commissioner McCann)
6. A Resolution authorizing the Acting ty Manager to accept an amount as the
renegotiated guaranteed amount the City is to receive for its parking meter
agreement. (Mayor Porter)
7. A Resolution authorizing the �AcflngCity Manager to ransfe unencumbered funds
between departments. (Administration)`
ORDINANCES /FIRST READING:
none
On
REMARKS-
An Appeal from Administration regarding Environmental Review & Preservation Board
approval of a sign for Steve Taudluk, Strictly Tennis.
Roland Rodriguez, Bakery Centre, regarding approval of the Commission of a
new leasing sign.
DISCUSSION:
Advertising for the position of a permanent City Manager (Commissioner Brown)
NOTICE IS HEREWITH GIVEN TO ALL INTERESTED PARTIES THAT IF ANY PERSON SHOULD
DECIDE TO APPEAL ANY DECISION MADE AT THE FORTHCOMING MEETING FOR WHICH THIS
AGENDA CONSTITUTES NOTICE, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS
CONDUCTED AT SUCH MEETING AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORDS INCLUDES THE
TFC�TIMANV ANn KVMPACE t4Pn% WN.tC4t T4F 00FAA {G 'M DC, 0k#h4fV%1
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4/5
3/5
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Ilk
r RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, GRANTING _A HOME OCCUPATIONAL LICENSE
FOR THE PRACTICE OF ARCHITECTURE IN A RESIDENCE LOCATED IN
AN RS -3 DISTRICT, ON PROPERTY LEGALLY DESCRIBED AS THE E.
120'' OF THE N. 1/2 OF THE N. 1/2 OF THE E 1/2 OF THE S.W.
1/4 LESS THE S. 20' OF SECTION 25, TOWNSHIP 54_ S., " RANGE 40
E., IN DADE : COUNTY, FLORIDA, A /K /A 6802 S.W. 64th' Ave.,
SOUTH MIAMI, FLORIDA.
AGENDA ITEM PB -88 -014
WHEREAS, the applicant has requested a home
Occupational license to practice Architecture in a residence
located in an .RS -3 district, and the staff recommendation is for
approval; and
WHEREAS, at a public hearing on August 9, 1988, the
Planning Board voted 6 -0 to grant the request, upon the condition
that no sign advertising the business be posted.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a home occupational license to
practice Architecture in a residence located in an RS -3 district
on property legally described as;
The E. 120' of the N. 1/2 of the N. 1/2 of the E. 1/2
of the S.W. 1/4 less the S. 20' of section 25, Township
54 S., range 40 E., in Dade County, Florida, a /k /a 6802
S.W. 64th Ave., South Miami, Florida.
is hereby granted.
Section 2. That the above approval is conditioned upon
the applicant not posting a sign at the property advertising the
business.
PASSED AND ADOPTED this day of , 19
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
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BILL PORTER 6130 SUNSET DRIVE
MAYOR SOUTH MIAMI. FLORIDA 33143
306 / 667 -6681
NOTICE OF PUBLIC HEARING
Date: September 6th, 1988
Time: 7 :30 P.M.
Applicant: Christopher Cooke - Yarborough
Request: Home Occupational License for the purpose of practicing architecture
in home office -by owner /resident.
Legal: The east 120 feet of the north 1/2 of the north 1/2 of the east 1/2
of the northeast 1/4 of the southwest 1/4 of the southwest 1/4
less the south 20 feet section 25, township 54 south, range 40 east,
Dade County Florida.
Address: 6802 S.W. 64th Avenue
Publ i c Heari ng wi 11 be hel d in the Commi ss i on Chambers, Ci ty Hal l 6130 Sunset
Drive, South Miami, on the day and at the time noted above.
ALL INTERESTED PARTIES are urged to attend. Objections or expressions of
approval may be made in person at the meeting, or filed in writing with the
City Clerk prior to or at the meeting The Commission reserves the right to
approve or deny whatever the Commission considers to be in the best interest
for the area involved.
YOU MAY RECEIVE additional information by calling the City Clerk, Rosemary
Nayman, at 667 -5691 or by writing to that office.
BILL RTER
M OR
BP /mo
THIS IS A PUBLIC NOTICE -- REQUIRED BY LAW
1 THE CITY OF
SOUtll 4.�Njcrin
6130 SUNSET DRIVE' SOUTH MIAMI, FLORIDA 33143
IsLIC 9ERVIC[
DEPARTMCKT
Z O N I N G P E T I T i O N
Property Description, Location and Legal:
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Request : The 6w ers of the above prop rty ha a made the following request:
f�) o� a��I l Ooif" Ccuu rn 1y44L, U16� 15�'.�se �.s �o/ � � '&6ur-' (�
�G• IC.�IV /�i^GI -li � (,.1{� -,j�/ A..` �1�, lSi.[l�l�, � 7/�> ���,�G >.,/ r-
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request
NANIR DATE ADDPRSS
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'
'
Mr. Cooke-Yarborough signed in and addressed the Board. P�
read tcom Ordinance l7-737b8, in which it permits the Cit�
Council to issue Home Licenses under certain terms at
conditions. '
&r. Cooke-Yarborough stated he in an Architect which is «
very low nrufilc' type of occupation. He said there was /:
objection to his request by many of his neighbors and thei i--
` will he no cztecnui aign on hiy residence. Mr. Coukr-
Yarborough said that given the restrictions, as determined \}
'
PB Minutes
August 9, 1988
MINUTES
KEGULAR 1*1l-'.l'tNC,
OF THE PLANNING BOARD
Held, pursuant to due notice
in the Sylva Martin Building
Tuesday,
August 9, 1988
7:30 PM
Presiding: Thomas Cooper ,
Chairman
A. The Meeting was called
to order by Chairman Cooper at 7:30 P
and was f oLlowed hv Lhe
Pledge of Allegiance to the Flag of
the United States o� America.
3. Roll call.
John Andrews
Bruce -Hoffmann
Neil Carver
Thomas Cooper
Manuel GULierrez
Susan Kraicil
Larry Ligammare
PI Inller
Applicant:
Chris topher Cooke-Yarborough
Request:
Home Occupational
Location:
680.2 -�W 64 Ave.
C
The East 120 feet of the North 1/2
the NOUL11 112 of the East 1,12 of the
Northeast 1/4 of the Southwest 114 of
ship 54 South , Range 40 East , Dade
Cotinty, Florida.
'
'
Mr. Cooke-Yarborough signed in and addressed the Board. P�
read tcom Ordinance l7-737b8, in which it permits the Cit�
Council to issue Home Licenses under certain terms at
conditions. '
&r. Cooke-Yarborough stated he in an Architect which is «
very low nrufilc' type of occupation. He said there was /:
objection to his request by many of his neighbors and thei i--
` will he no cztecnui aign on hiy residence. Mr. Coukr-
Yarborough said that given the restrictions, as determined \}
'
t
PB Minutes - 2 - August 9, 1988
the Zoning Code, he is in compliance, and he would like -t
work out of his home.
Mr. Carver asked qtr. Cooke - Yarborough if people would b
coming to his residence and if he will have a sign,
Mr. Cooke- Yarhorou�,h replied there will be no external Chang
to the house and no sign.
Mr. Gutierrez aklvised Mr. Cooke- Yarborough no one could b
employed at his residence, but he could have a partner.
Mr. Cooke - Yarborough said when he -got to the point where h
has a partner, lie will get a proper office. He said t
clients and c0nsultants will plot cone to his residence, as h
will go to Lhem.
Chairman Cooper asked if there was anyone present who wishe
to speak for or against this request. Hearing none, th
Public Hearing was closed._
Chairman Cooper a,3ked for Staf f "s recommendation.
Ms. Goudarzi s.iid that Staff recommends approval.
MOTION Larry Li gamma re moved for approval.
Ma, -.0 el Gutierrez seconded the Motion.
Vote: 'approve b Oppose: 0
Mr. Carver exc�u�Ied himself trom the meeting.
ORDINANCE NO. 5 -74 -801
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SECTION 19 OF ORDINANCE NO, 17 -73 -788 BY CHANGING THE
TITLE OF SAID SECTION•AND GIVING THE CITY COUNCIL THE
RIGHT TO ISSUE "HOME LICENSES" UNDER CERTAIN TERMS AND
CONDITIONS.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 19 of Ordinance 17 -73 -788
be, and the same if hereby amended to read as follows:
"Section 19. Licenses to Conform to Zoning and Building
Regulations with the exception of Home
Licenses.
Where any question of zoning arises, no license shall be
issued hereunder for any business, occupation or profession
until the location thereof shall have first been approved by
the City Council
The City Council, by a 4/5 vote, shall after a hearing before
the Planning Board, which they are - hereby "authorized to have,
and having recieved their recommendations thereon have the
right to issue by Resolution, licenses which do not conform
to zoning and building regulations which licenses shall be
known as "Home Licenses ", and the fees therefor shall be'the
same as are contained in the "Schedule of License Taxes"
attached to and made a part of Section 24 of this ordinance.
It shall be the burden of the applicant to show that there
would not be generated an unusual amount of vehicular and /or
pedestrian traffic as a result of the issuance of said license.
In addition, notices shall be sent to those persons residing
within 300 feet of the intended location of said license,
advising them of the hearing before the City Council, and all
expenses shall be paid by the applicant, Said license may
contain such terms and conditions as the Council may deem
desireable and may be revoked and canceled by the City Council
at any time, without cause.
A.
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ORDINANCE NO. 5 -74 -801
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SECTION 19 OF ORDINANCE NO, 17 -73 -788 BY CHANGING THE
TITLE OF SAID SECTION•AND GIVING THE CITY COUNCIL THE
RIGHT TO ISSUE "HOME LICENSES" UNDER CERTAIN TERMS AND
CONDITIONS.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 19 of Ordinance 17 -73 -788
be, and the same if hereby amended to read as follows:
"Section 19. Licenses to Conform to Zoning and Building
Regulations with the exception of Home
Licenses.
Where any question of zoning arises, no license shall be
issued hereunder for any business, occupation or profession
until the location thereof shall have first been approved by
the City Council
The City Council, by a 4/5 vote, shall after a hearing before
the Planning Board, which they are - hereby "authorized to have,
and having recieved their recommendations thereon have the
right to issue by Resolution, licenses which do not conform
to zoning and building regulations which licenses shall be
known as "Home Licenses ", and the fees therefor shall be'the
same as are contained in the "Schedule of License Taxes"
attached to and made a part of Section 24 of this ordinance.
It shall be the burden of the applicant to show that there
would not be generated an unusual amount of vehicular and /or
pedestrian traffic as a result of the issuance of said license.
In addition, notices shall be sent to those persons residing
within 300 feet of the intended location of said license,
advising them of the hearing before the City Council, and all
expenses shall be paid by the applicant, Said license may
contain such terms and conditions as the Council may deem
desireable and may be revoked and canceled by the City Council
at any time, without cause.
A.
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•, "Home Cicenset she Vbe st9*d for the license year applied
for or balara Mreot l ;• Uch year • sgamtt application .
to the Ci�y Wmil shall � wdt tar remnl and each a►ppli- ,
each
tion shall w f Cosideoed OR l u ow writs.'
PASSED and this 1tA dyr.of January, 1471
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City of Soutti Miami
INTER— OFFICE MEMORANDUM
TO: Marien Aran - Spinrad DATES August 5, 1988
Director, Building, Zoning
and Community Development
PROMS Soheila Goudarzi SUBJECT`: Staff Report PB -88 -014
Planner Home Occupational License
General
Applicant: Christopher Cooke - Yarborough
Request: Home Occupational License to practice
architecture in home office.
Location: 6802 SW 64 Ave. _
Legal Description: The East 120 feet of the North k of the North of the
East 11 of the Northeast 3% of the Southwest k of the
Background Southwest 1% less the South 20 feet, all of Section 25,
Township 54 South, Range 40 East of Dade County, Florida.
Applicant is owner of .single family resident (RS -3) and requests
approval of home occupational license to practice architecture
in his home: office.
Analysis
The activity will be conducted by a person residing on the premises;
no other person will be employed.
The request complies with the zoning regulations of the City of
South Miami (Ordinance No. 5 -74 -801)
Recommendation
Staff recommends approval of the request.
/am
et
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Christopher Cooke - Yarborough
Architect
6802 S.W. 64th. Ave
Cocoplum Terrace
South Miami, Florida 33134
Mr. David Henderson
City Planner
City of Miami
Florida ` 33134
$,PUTµ
Dear Mr. Henderson,
Please find attached herewith a petition signed by neighbors representing
a mininum of nine properties in a 300 foot radius of my home. This petition
indicates that the signotories have no objection to my conducting the practice
of architecture from my home at 6802 S.W. 64 ave. This petitition and letter
are submitted in support of my application to the City for a Home Occupational
License as described in ordinance no. 17 -73 -788, section 19. The City of
South Miami describes Home Occupation under X -10 -12.51 (copy enclosed) of
the City's zoning code. I include for your review a copy of Home Occupation
as described in the zoning code of West Miami. Please note the similarities
of the wording.
Also enclosed, please find a copy of the site /floor plan of my house
and property indicating the two car garage in which 'I will set up my studio.
I believe the enclosed documentation should be sufficent to explain
and support my application. If you require any further information please
do not hesitate to ask.
Respectfully,
Christopher Cooke - Yarborough
Architect
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RESOLUTION NO. 70 -84 -6024 B
A RESOLUTION OF THE MAYOR AND CITY COMMISSION AMENDING
RESOLUTION 70 -84 -6024 A BY DELETING THE DIRECTOR OF
BUILDING, ZONING AND COMMUNITY DEVELOPMENT AS AN
EMPLOYEE AUTHORIZED TO HAVE OVERNIGHT AND HOLIDAY USE
OF A CITY VEHICLE.
WHEREAS, pursuant to Resolution No. 70- 86- 6024 -A the Mayor
and City Commission expressed an intent to 'allow the overnight
and holiday use of City vehicles -for, specifically deisgnated
employees; and
WHEREAS, the Mayor and City Commission wish to specifically
delete a designated employee from those permitted vehicle use.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That it is prohibited for any City employee to
have overnight or holiday use of a City vehicle except for the
following designated employees:
a) City Manager
b) Chief of Police
c) Police Captain
d) Police Lieutenant(s)
e) Police Inspector(s)
f) Director of Public Worts
Section 2. That all other terms and conditions of
Resolution No. 70 -84- 6024 -A remain in effect.
PASSED AND ADOPTED this day of , 1988.
MAYOR:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
sm dirbldg.res
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70 -84 -6024
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
SETTING A POLICY PROHIBITING THE REMOVAL Of CITY
VEHICLES FROM CITY PROPERTY OR MOTOR POOL PROPERTY
OVERNIGHT OR ON HOLIDAYS EXCEPTING THE USING OF
MOTOR VEHICLES BY: CITY MANAGER, CHIEF OF POLICE,
POLICE CAPTAIN, POLICE LIEUTENANTS, BUILDING
OFFICIAL AND PUBLIC WORKS DIRECTOR AND FURTHER
SETTING A POLICY OF REDUCING THE NUMBER OF MOTOR
VEHICLES BY NOT REPLACING VEHICLES WHEN SUCH
VEHICLES ARE NO LONGER MECHANICALLY OPERABLE OR
ARE AESTHETICALLY UNFIT.
BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA: I
Section 1. That there is hereby set forth a policy prohibiting
the removal of City vehicles from City property or motor pool property over-
night or on holidays excepting the use of motor vehicles by: City Manager,
Chief of Police, Police Captain, Police Lieutenants, Building Official and
Public Works Director.
Section 2. In addition, there is policy set to reduce the number
of motor vehicles when such vehicles are no longer mechanically open. `'- 1
aesthetically unfit.' f
PASSED AND ADOPTED this 2nd day of October 1984.
APPROVED: .�
ATTEST:
z
4
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING
CITY MANAGER TO ACCEPT AN AMOUNT AS THE RENEGOTIATED
GUARANTEED AMOUNT THE CITY IS TO RECEIVE FOR ITS
PARKING METER AGREEMENT.
WHEREAS, the City of South Miami ("City") and Stroyne
Brothers South, Inc. ( "Stroyne ") are currently in negotiations
regarding the guaranteed amount the City is to receive in
connection with the Parking Meter Agreement between the parties;
and
WHEREAS, the City wishes to receive a renegotiated
guaranteed amount pursuant to the agreement.
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 Manager is hereby
authorized to accept the amount of $ _87,498.00 as the
renegotiated guaranteed amount to be received by the City in
connection with the above referred agreement.
PASSED AND ADOPTED this day of
6 � e J
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
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AMENDED AGREEMENT FOR THE PROVISION
OF MAINTENANCE AND OPERATION OF PARKING METERS
This Amended Agreement, made this day of
1987, by and between the City of South Miami, Florida,
hereinafter referred to as "City," and Stroyne Bros. South, Inc.,
hereinafter referred to as " Stroyne."
W I T N E S S E T H:
WHEHREAS, pursuant to Resolution No. 64 -85 -7029, the
City entered into an agreement for the maintenance and operation
of parking meters in the City with Stroyne Bros. South, Inc.; and
WHEREAS, at a Decerber, 1985 City Commission meeting
and at subsequent meetings held with City staff, the parties have
discussed the terms and conditions of said Agreement relating to
revenues to be paid to the City; and
WHEREAS, as the parties are in disagreement regarding
the terms and conditions of the Agreement and wish to resolve all
matters without the necessity of litigation;
NOW, THEREFORE, the parties agree to amend the original
agreement of August 15, 1985 (hereinafter referred to as the
"Original Agreement" as follows:
1. That the above recitals are true and correct.
2. That paragraph (3) of the Original Agreement is
deleted and replaced with the following:
3) Commencing with City fiscal year October 1,
1986 through September 30, 1987, and continuing for an
additional fiscal year concluding September 30, 1988,
Stroyne guarantees to pay the City the amount of
$368,000 per fiscal year, said sum generated from meter
revenues, parl.i y fines from all sources ( nc ng all
meter-person( and )police marking citations) and decal,
permits. n ev the above' is3:ed sourc d
g en`erate a total of $368,000 per fiscal year, Stroyne
will satisfy any shortfall by direct cash payment(s) to
the City. Excluded shall be revenue sources of any
other nature to satisfy the guaranteed amount,
including but not limited to citations for anything
other than parking violations, and monies received by
the City from forfeiture proceedings. For each of the
City fiscal years 1988 -1989, and8 -1990, the City
YPCPYVPC the ri^
ctht fio rene_ ntiate the guaranteed
amount. Should the City fail to notify Stroyne Bros.
-i- Inc. of its intent to renegotiate no later than
thirty days prior to the end of each fiscal year, the
guaranteed amount for that upcoming fiscal year shall
be $368,000.
In the event the City exercises its right to
renegotiate the guaranteed amount, the renegotiations
shall be concluded by the parties prior to the
commencement of the fiscal year. In the event the
parties cannot agree on a renegotiated guaranteed
amount, the City shall exercise its option to purchase
the meters as provided in Paragraph 5 of the Original
Agreement.
The guaranteed amount shall, for fiscal year
1986 -1987, be paid on a monthly basis as agreed to by
Stroyne and the City Manager of City. The guaranteed
amount f or the remaining three (3) fiscal years shall
be payable in equal monthly installments. In the event
that at the end of each fiscal year of this Agreement
(1987, 1988, 1989, 1990), the amount of, revenue
generated from parking fines from all sources, as above
defined received by the City exceeds $260,000, the
parties agree that only 50% of such excess is applied
by Stroyne against the guaranteed amount above. In no
event shall Stroyne ever be entitled to receive or
retain any amounts paid to the City from such parking
fines, notwithstanding that the amounts so received by
the City may generate more than the entire guaranteed
amount.
For fiscal year 1986 -1987 only, Stroyne guarantees
that any shortfall experienced by the City from the
$427,000 budgeted by the City from all sources listed
above (except monies received from forfeiture
f� proceedings) shall be paid in one cash payment on or
before September 30, 1987.
3. That paragraph (4) of the Original Agreement is
deleted and replaced with the following:
4) Stroyne Bros. South, Inc. agrees to reimburse
the City for the salary, total benefits, and insurance
for one full -time employee for a sum not to exceed the
amount of Twenty Thousand Dollars ($20,000) annually.
The said employee will be for enforcement duties only,
and will be supervised by the Chief of Police'. Any
additional enforcement employee(s), in a number not to
exceed three without approval of the City Manager,
shall be the sole fiscal responsibility of Stroyne.
4. That paragraph (5) of the Original Agreement is
deleted in its entirety and replaced by the following:
5) This Agreement shall commence August 1, 1985
and shall end September 30, 1990. The City retains the
right to unilaterally cancel the Contract at any time
after one (1) year and three (3) months from the date
hereof. Upon cancellation the City agrees to reimburse
the Party of the second part eighty (80 %) percent of
capital investment if terminated after one (1) year and
before two (2) years; sixty (60 %) percent of capital
investment if terminated after two (2) years and before
three (3) years; forty (40 %) percent. of capital
investment if terminated after three (3) years but
before four (4) years; and twenty (20 %) percent capital
investment if terminated after four (4) years but
before five (5) years, to be pro rated for any month of
the twelve month period of that year. Capital invest-
ment shall be determined as being the amount of money
expended by Stroyne Bros. South, Inc. in purchasing 575
new Duncan VIP Model 70 parking meters.
5. That paragraph (6) of the Original Agreement is
hereby amended by adding a final sentence as follows:
6) In the event that either meter rates or
County parking fines increase during the remaining term
of the agreement, Stroyne agrees to re- negotiate the
guaranteed amount to reflect a proportionate increase
in the amount received by the City.
6. That paragraph (7) of the Original Agreement is
hereby amended to delete the first sentence thereof.
7. That paragraph (8) of the original Agreement is
hereby amended as follows:
8) That commencing October 1, 1990, or upon
default by Stroyne of any terms of the Original or this
Amended Agreement, all parking meters installed by
Stroyne shall revert to and become the unencumbered
property of the City, and shall be so evidenced by an
6
appropriate bill of sale or other instrument which
shall reflect title in the City.
8. That paragraph (9) of the Original Agreement is
hereby amended as follows:
9) Stroyne Bros. South, Inc. agrees to provide a
certificate of insurance for the administration of the
parking meter program naming the City of South Miami as
a named payee covering public liability and all claims
arising from, or resulting from, said operation of the
parking meter program for an amount not less than One
Hundred Thousand Dollars ($100,000) per person and Two
Hundred Thousand Dollars ($200,000) per incident.
9. That paragraph (10) of the Original Agreement is
hereby amended as follows:
10) That in audition to the provisions of
paragraph 9 above, Stroyne agrees to indemnify and hold
the City harmless from any and all claims, suits,
actions, damages, or causes of action arising during
the term of this Agreement, including reasonable
attorney's fees for any personal injury, loss of life,
or damage to 'person or property sustained by reason of,
or as a result of, the acts or negligence of Stroyne,
its agents or employees as related to this Agreement.
10. That paragraph (11) is hereby added as follows:
11) Stroyne warrants that all parking meters or
other materials supplied shall be of good quality, free
from faults and defects, fit for the purposes intended
and shall be warranted as to service and parts for a
period of one year from installation.
11 That paragraph (12) is hereby added as follows:
12) This Agreement constitutes the entire
agreement between the parties. Any amendments heretr-
or changes connected herewith must be made in w iti _
and signed by Stroyne and City.
12. That paragraph (13) is hereby added as follows:
13) This is a personal services agreement whereby
the City has expressly retained Stroyne. This Agree -
ment is not assignable or transferable in whole or in
part without the prior expressed written consent of the
City.
13. That paragraph (14) is hereby added as follows:
14) Stroyne agrees that it complies with all
State and Federal regulations pertaining to unlawful
employment practices, and shall not (1) discharge or
fail to or refuse to hire any individual, or otherwise
discriminate against any individual with respect to
compensation, terms, conditions, or privileges of
employment because of such individual's race, color,
religion, sex, national origin, age, handicap or
marital status; (2) limit, segregate or classify
employees or applicants for employment opportunities,
or adversely affect any individual's status as an
employee, because of such individual's race, color,
religion, sex, national origin, age handicap or marital
status.
14. That paragraph (15) is hereby added as follows:
15) This Agreement is entered into subject to the
provisions of the Charter and Code of Ordinances of the
City of South Miami and applicable Federal, State and
3
County laws, all of which are incorporated herein by
reference. Any disputes under this Agreement shall be
settled according to the laws of the State of Florida
and venue shall be in Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this
Amended Agreement to be executed in their names by their duly
authorized officers, all as of the day and year first above
written.
WITNESSES: STROYNE BROS. SOUTH, INC.
RONALD M. STROYNE, SIDENT
(CITY SEAL)
CSMSPA
6
CITY OF SOUTH MIAM
By:
CTOR FIGUEREDO
CITY MANAGER
>
� "A
AGREE EMENT
THIS AGREEMENT made this let day of August, 1985, by and between
THE CITY OF SOUTH MIAMI, Party of the first part, and STROYNE BROS SOUTN,
INC., a Florida corporation authorised to do business In the State of
Florida, Party of the second parts
FOR AND IN CONSIDERATION of the mutual promises# covenants and
conditions set forth herein, .the Party of the first part and the Party of
the second part agree as follows.
i) THE CITY OF SOUTH MIAMI is desiraus of retaining STROYNE
BROTHERS SOUTH, INC,, to• provide for a comprehensive administrat ion,
maintenance and collection program for all parking meters and ducal &rem
located Within the legal limits of the CITY OF SOUTH MIAMI.
2) The Party of the second pert agrees to pay the sus of FIFTY
SIX THOUSAND EIGHT HUXDRED TWENTY 31X DOLLARS AND NO CENTS ($F6 „826.00) upon
the signing of the Agreement with the CITY, for the first THREE (3) months
of the Contract.
3) In the FOURTH (4th) MONTH from the date of this Ag eenent, sad
continuing for FIVE (5) TEAKS, 3TROYXE BRAS. SOUTH INC,t gtes"�s #4' ►� the
CITY the sus of TWO HUNDRED FIFTY.THOt1SAND DOLLARS
,t1250.._QOO.00y' a�ntsaliy,
payable monthly. .
A) STROYNE 'BROS. SOUTH INC., agrees to reimburse the CIT2 for the
salary, benefits, and .insurance for one, full -tine employee, for a an not
to exceed the amount of TWENTY THOUSAND DOLLARS ( =20,,000.00) onnusilr, The
`�� r.
said employee will be for enforcement duties only, an� d will De sup fiervised by
the Chief of Police and the Contractor. X91 revenuesV as a .reanit of fine
and forfeitures 8%811 biiarig to the CITY OF So{iTii MIAmt.- 'W
5) This contrret is for a term of SIXTY -THREE (63) KONTHS OR FIVE
1.
(5) YEARS, THREE (3) 14ONTHS Commencing on August 1, 1965 and ending on
October 31, 1990. The CITY retains the right to unilaterally cancel the
Contract at any tint after CNE (1) YEAR and 'THREE (3) MONTHS from the date
hereof. Upon cinoeilation the CITY agrees to reimburse the Party of the
second part EIGHTY (60%)- PEICENT of Capital investment if term1n8te4 after
ONE (1) YEAR and before Two (2) YEARS; SIXTY (603) PERCENT of capital
_ investment if terminated after TWO (2) YEARS RND BEFORE THItE (3) YEARS;
FORTY (401) PERCENT of oepital_ investment if terminated after THREE (3)
YEARS bit before FOUR (4) YEAASS AND TWENTY (20%) PERCENT capital investment
it terminated after FOUR (4) YEARS but before FIVE (5) YEARS, to be pro
rated for any sonth of the tvelre month period of that ylar. Capital
;- investment shall be deterined as be the amount of roast' expended by
STROYNE EROS. SOUTH, IxC., in purchasing 575 net' DUNCAN YIP KOOEL TO parking
meters and the cost of the installation for new meter location'.
6) STROYNE BIOS. SOUTH INC., shall purchase and install 575 new
Duncan YIP meters and be responsible for the t*raprehens ve sdninistratioA,
<aintenanoe and collection program for all parking meters located -0'1% '
TH£ CITY OF SOUTH KIAKI up to and including 575 meter locations, which must
_be approved Oy the City Kanager. Any increase or decrease is parking meter
rate per hour must be approved Dy the City COmw333100. A prior swoval list
of proposed parking **ter locations in addition to the 361 meter 20cations
now in existence, must be submitted to the City Kanager.
7) All present decal revenues shell :Tessin with ,tho fym of W=
MIAMI, and any future decal purchases wi11 have to be purchased, through the
contractor at a price autually agreed upon with the £ity Adniniatration and
the contractor. All present areas designated as "Decal Parkin$} Only* Will
be metered and all present deoels will be honored at said parking meters.
i In addition, this Contract does not contemplate, nor apply to, an y meter
i
parking in the CITY OF SOUTH MIAMI from the hours of 6900 .01014 7904 $.a•
and the CITY OF SOUTH Kiwi retains all right and Inter es �hssd perking
*cetera during this ties.
t"(
f 2
��SJ �/�, _ _ ¢fir � _ J J � � • i
.�,,�r�+�. •t'i�L �,4L�' i 2.�=F jl � at���� 1 �jy��►'�'�i��.`a'a ��.oc�r �ti.
'��y(�y,}H�� ��3t.���� +�.%r'�i�..+Y :M`.•L+�t�`�'�'��.s- •�'�I� ..'� •r���...''..�B��F% '•�.�f. .�- .�.��r'Z'iCU" T "•��
a) After the term of FIVE (5) YEARS and THREE (3) MONTHS, all
parking asters installed shall become the free and clear property of THE
CITY OF SOUTH MIAMI. The CITY shall have the right to re- negotiate a
contract for comprehensive sdsinistration, maintenance and collection
program for all parking keter and dead areas.
9) STROYNE BROS. SOUTH, INC., agrees to provide a eertificatt of
Insurance for the administration of the parking meter progras naming the
CITY OF SOUTH MIAMI as also insured covering public liability and all claims
arising frog, or resulting from, said operation of the parking peter progran
for an amount not less than FIVE HUNDRED THOUSAND DOLLARS (1500,000.00) per
person and ONE MILLION DOLLARS ( }1,000,000.00) per incident.
10) This Contract shall be governed under the laws of the Stats of
Florida.
IN VIT%ESS WHEREOF, the parties hereto have caused this Agreement
to b. tYeouted in their names by their duly authorized officera, all as of
the day and year first above vritten.
Signed, Sealed and Delivered
in the presence oft
AMOVED AS TO PORR4=
W 47
, g-1 F i
M.� 1:
RO
(Corp. Seal)
STROYHE BROS. SOUTHP INC.,
RONALD M. STROYNE, PRESIDE T
(Coro. Seal}
ATTEST:
a
i,
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING
CITY MANAGER TO TRANSFER UNENCUMBERED FUNDS BETWEEN
DEPARTMENTS.
WHEREAS, pursuant to Article IV, Section 2(F)(1) of the City
Charter, the City Administration recommends the transfer of
unencumbered appropriation balances; and
WHEREAS, the City Administration's recommendation is
detailed in Exhibit "1►►- attached hereto.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager is hereby
authorized to transfer unencumbered funds as detailed in Exhibit
11111 attached hereto.
PASSED THIS DAY OF , 1988
MAYOR
Attest:
CITY CLERK
Approved as to form:
CITY ATTORNEY
sm citmana3.res
0
City of South Miami
INTER —OFFICE MEMORANDUM
TO: City Commission DATE: September 16th, 1988
FROM.... .SUBJECT::
City Clerk Agenda item #7
The back -up information on this item has not been completed, but will
be submitted to you under separate cover.
/rjn
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, DENYING AN ADMINISTRATIVE
APPEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD REGARDING A'NEON SIGN FOR STRICTLY
TENNIS.
WHEREAS, the Environmental Review and Preservation Board
(E.R.P.B.) has approved a request by Strictly Tennis for a sign
at their meeting of September 6, 1988; and
WHEREAS, the Adminstration wishes to appeal the decision to
the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That the appeal of the Administration from the
decision of the E.R.P.B. regarding the sign is hereby denied.
PASSED AND ADOPTED this day of
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
sm environl.res
J.` EB -88 -152. Wood Fence '(Violation)
Applicant: Ramon Casola
Address: 5800 SW 85 St.
Represented by: Ramon Casola
MOTION: Jan Hochstim moved for approval.
Joseph Shaw seconded the Motion.
Vote: Approve: 5 Oppose: 0
M. EB -88 -155. Home Addition.
Applicant: Janie Morris
Address: 6521 SW 64 Ave.
Represented by: Keith Daye
The Applicant was not present and the Board reviewed
the
drawings of the proposed addition.
Mr. Hochstim said that the photographs and drawings
do
not indicate the balance of the house.
MOTION: Jan Hochstim moved for denial based on
the fact that there was not enough
information. on how the addition would
fit with the rest of the house and
the
neighborhood.
Doris- Rosehraugh seconded the Motion.
Vote: Approve Denial. 5 Oppose: O
The Motion was denied.
P. EB -88 -141. Neon Sign.
Applicant: Steve Taudluk
Address: 7306 Red Road
Represented by: Hassan TabatabaY
Ms. Aran- Spinrad said this Applicant appeared' before
the
_
Board approximately a month ago and his request
was
denied for aesthetic reasons. She said the very
same
night that the Applicant appeared before this Board,
the
City Commission decided that the practice to allow
neon
signs in the C -2 District be discontinued. She said
that
regardless of this Board's decision, she will put forth
an administrative appeal to the City Commission.
Ms. Rosebraugh said she thought in all fairness
the
request should be approved.
- I2 -
Mr. Hochstim said he thought it would be better to move
the sign closer to the door._.
MOTION; Jan Hochstim moved for approval with
the stipulation that the sign be
raised in order that the white trim
lines up with the header of the door,
and the white neon be changed to gray.
Joseph Shaw seconded the Motion.
Vote: Approve: 4 Oppose: 1 (D.Saez)
5. Approval of Minutes of August 2, 1988
MOTION: Jan Hochstim moved for approval.
Doris Rosebraugh seconded the Motion.
Vote: Approve: 4 Oppose: 0
6 .
Remarks.
There was a general discussion of the Tree Ordinances of
Coral Gables and the City of Miami. Ms. Rosebraugh said that
she would try to get together some type of proposal.
Vice Chairman Shaw suggested that the Board members keep a
low tone of voce when _there are disagreements in order to
preserve the dignity of this Board and make decisions based
on common sense, logic and experience. He also said he
thought it is important that the Board members arrive a few
minutes early in order to start, the meetings in a timely
manner.
Mr. Hochstim said the members are citizens who react
rationally and emotionally to 'issues which come before the
Board. He said the members abilities and experience are why
they are Board members, and if people are offended by this,
so be it, that is democracy.
7. Adjournment.
There being no further business before the Board, the meeting
was adjourned at 12:10 PM.
BAKERY CENTRE
5701 Sunset Drive
Suite 218
South Miami, F1.
33143
September 14, 1988
Ms. Nayman
City of South Miami
6130 Sunset Drive
South Miami, F1:
33143
Dear Ms. Nayman,
I am writing to you in order that we may be placed on the agenda
for the up- coming September 20th City Commission Meeting.
Our topic will be the approval of a new leasing sign.
Sincerely yours,
Roland Rodriguez
Operations Manager
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�kwi N+ •'.w' {. _ 'ii- °�%j., , ^q�: i"..'T.. ti�Ri.'•e a .. i`MS�i��'S� �^E+; =?�§.• ""T;•�?� .. .— ... i��r.'� �`<.w°�.n..
i BakeryCenfre
5701 Sunset Drive, Suite 218
South Miami, Florida 33143
(305) 662 -4155
August 2, 1988
Ms. Nayman '
City of South Miami
5130 Sunset Drive
South Miami, Fl.
33143
Dear Ms. Nayman,
I am writing to you in order that we may be removed from the
August 2 1988 City Commission Agenda and rescheduled for the
August loth meeting.
� t
Sincerely yo s, \`
Roland Rodriguez
Operations tanager
A
CITY CLERK
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Mr. Jack Langer, representative for City Gas, explained to
the Commission that there is a closing in New York on Friday and
he has received a letter from the City Attorney that advises the
buyers of the passage of this ordinance on first reading if that.
is what occurs. The change is in name only, the N.U.I.
Corporation is 'actually a subsidiary of Elizabethtown Gas
Company.
Commissioner Launcelott noted corrections so name is
correctly stated in two places, Section 1.
Motion passed 4/0: Mayor Porter, yea; Commissioner Brown,
yea; Commissioner McCann, yea; Commissioner Launcelott, yea
(Vice -Mayor Schwait absent)
APPEAL:
Mr. Roland Rodriquez, representing Bakery Centre, asked
the Commission for an extension of their temporary sign (spaces
available for lease) as Administration has informed them they
have exceeded the permitted time limit.
Interim City Manager reported the sign had been there 90
days and had been removed six days ago. Mr. Rodriquez stated
they will need to have a leasing sign up for a period of time,
perhaps at least another 6 months. The banner type -' sign for
Sports Rock Cafe has a separate temporary permit for their grand
opening.
Commissioner McCann referred to the City's temporary sign
'provisions, but noted signage for Bakery Centre, a Planned Unit
Development is treated differently. She referred to Sections of
the City's zoning ordinance (20-71-724) which give specific
provisions under 6 -3 -2 for leasing signs, real .estate signs and
construction signs. She would not be in favor of extending the
temporary sign.
Mayor Porter said there are other 'for lease' signs and
perhaps a sign of that nature should be under a provision othe-..
than that of temporary sign. He would like administration to
research what types of signs would be permitted and for 'the
length of time they would be permitted so perhaps Bakery Centre
could - adjust -their signs accordingly.
Commissioner McCann agreed and suggested Mr. Rodriguez
come back to the Commission at the next regular meeting so that
instead of temporary sign extensions they be given direction on
the specific types of signs that may be permitted.
CCM -11- 7rjn
r ,
x.,
Marien Aran - Spinrad, Planning & Zoning Director, stated
the Planned Unit Development did not, address leasing signs for
Bakery Centre. Sign criteria in the Zoning Ordinance addresses
individual stores /tenants.
Appeal will be heard at the next regular meeting, August
2nd, 1988.
Commissioner Brown asked for a time frame which they feel
they would need a sign. Mr. Rodriguez replied this would need to
be up for six months to one year.
Commissioner Launcelott noted a sign on sunset Drive
outside of Barnett Bank that has been there fore a long period of
time. Commissioner McCann said she has written a memorandum on
that same sign. Interim Manager Hampton said the sign is not
legal and will be addressed.
REMARKS:
* Mrs. Joyce Schechter, addressed' the Commission on behalf
of the South Miami Homeowners Board of Directors She had
received information that the City Attorney is keeping a dossier
on the Homeowners Association and perhaps on individual members
If this information is correct, she would like assurance it will
be stopped immediately. The South Miami Homeowners have been part
of the Community for a long period of time and have worked very
hard for their Community.
Mayor Porter said he had no knowledge of this, but if it
is the case it is unacceptable. City Attorney Deliagloria stated
he did not have any knowledge of this issue.
Commissioner McCann stated the problem is to decide what
is best for the City of South Miami. Each person deserves
respect and proper treatment and she would assume with she rir
cleared good work for the City can continue.
* Mr. Chris Hansen, 6611 S.W. 78th Terrace, urged the
Community to pull together and work for the good of the City. He
personally would not want a City Attorney or anyone in the City
keeping a dossier.
** Mr. Don Williams, 5700 S.W. 48th Street, stated the
Commission has a poor image when Commission meetings are aired.
He feels the Interim City Manager does have the ability to offer
leadership and he would urge the Commission to move forward and
run the government If the City Attorney is keeping files on
individuals, then they can to go court.
CCM -12- 7/26/88 rjn
April 5, 1988
Ms. Nayman
City of South Miami
6130 Sunset Drive
South Miami; F1.
33143
Dear Ms. Nayman,
I am writing to you in order that we may be placed on the agenda for
the upcoming April 19th City Commission Meeting.
Our topic will be the approval of a sign permit which would give us
an indefinite time frame in order for us to maintain a 10' x 20' sign
advertising leasing space.
Sincerely yours,
Roland Rodriguez ,� l
Operations Manager \ v
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