08-15-00MAYOR:
Julio Robaina CITY MANAGER: Charles Scurr
VICE MAYOR:
Horace G. Feliu CITY ATTORNEY: Earl G. Gallop
COMMISSIONER:
Randy G. Wiscombe CITY CLERK: Ronetta Taylor
COMMISSIONER:
David D. Bethel
COMMISSIONER:
Mary Scott Russell
CITY COMMISSION AGENDA
. City Commission Meeting
Meeting date: August 15, 2000 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: September 5, 2000 Phone: (305) 663 -6340
Time: 7:30 PM
City of South Miami Ordinance No. 10 -00 -1712 requires
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay an
annual fee of $125. 00. This applies to. all persons who
are retained (whether paid or not) to represent a
business entity or organization to influence "City"
action. "City" action is broadly described to include
the ranking and selection of professional consultants,
and . virtually all - legislative, quasi- judicial and
administrative action. 'It does not apply to not-for-
Profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and unions.
VALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) *scheduled from 7:00 p.m.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
July 25, 2000 - Regular City Commission Minutes
REGULAR CITY COMMISSION 1
AGENDA - August 15, 2000
2. City Manager's Report'
3. City Attorney's Report
CONSENT AGENDA
4. A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE
CITY OF SOUTH MIAMI.,
FLORIDA, RELATING
TO CODE
ENFORCEMENT
LIENS; ESTABLISHING POLICY WAIVING CODE
ENFORCEMENT
LIENS IN AN
AMOUNT NOT TO EXCEED
$5,000.00
FOR THOSE
PROPERTIES /ORGANIZATIONS APPROVED
BY THE
SOUTH MIAMI
COMMUNITY
REDEVELOPMENT AGENCY
FOR THE
INFILL HOUSING
PROGRAM;
PROVIDING AN EFFECTIVE
DATE.
3/5
(Vice Mayor
Feliu /Mayor
Robaina /Commissioners
Bethel &
Wiscombe)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
5. AN ORDINANCE OF THE MAYOR AND CITY-COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
APPROVING A LEASE AGREEMENT WITH SPG PHASE ONE LTD, FOR
CONSTRUCTION AND OPERATION OF A MULTIUSE PARKING
GARAGE; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING
AN EFFECTIVE DATE. (1sT READING 2/15/00 - 2nd Reading
deferred from July 18, 2000)
4/5
RESOLUTIONS) /PUBLIC HEARING(S)
6. A•RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL OF
A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION
BOARD REGARDING THE SIGNAGE FOR BOGAINVILLEA'S OLD
FLORIDA TAVERN, SPECIFICALLY LOCATED AT 7221 SW 58TH
AVENUE. 3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORID, RELATING TO A REQUEST FOR
SPECIAL EXCEPTIONS FROM SECTION 20 -7.5, 20 -7.9, 20 -7.11
AND 20 -7.13 OF THE LAND DEVELOPMENT CODE FOR A FOUR-
STORY MIXED USE DEVELOPMENT, LOCATED ON THE NORTH SIDE
OF 5800 BLOCK OF - SW 73RD STREET, WITHIN THE HOMETOWN
DISTRICT OVERLAY ZONE REQUIRING NONUSE DEVIATIONS FROM
THE DEFINITIONS AND THE BUILDING DESIGN STANDARDS OF
THE HOMETOWN DISTRICT IN ORDER TO REDUCE THE ALLOWABLE
WIDTH OF ALLEYWAY, INCREASE LOT COVERAGE AND BUILDING
REGULAR CITY COPM1ISSION 2
AGENDA - August 15, 2000
DEPTH ON SIDE STREETS; REDUCE THE' REQUIRED OPEN. -YARD
SPACE AND REQUIRED LANDSCAPING, AND TO ALLOW FOR
ROOFTOP PARKING. (Deferred from July 18, 2000)
4/5
RESOLUTION (S)
8. A RESOLUTION OF THE MAYOR AND CITY• COMMISSION. OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC
SAFETY; PROVIDING- INTERPRETATION OF SEC.. 15 -72(2)
RELATING TO' LOCKING .DEVICES REQUIRED FOR FIREARMS;
PROVIDING AN EFFECTIVE DATE. •.3/5
ORDINANCE (S) FIRST READING-
9. AN ORDINANCE 'OF THE MAYOR -AND CITY COMMISSION -OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS -OF-
WAY; ABANDONING A PORTION 'OF THE RIGHT -OF -WAY AT S.W.
64TH PLACE;.' PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE'DATE.
4/5
10. AN ORDINANCE OF THE MAYOR -AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI', FLORIDA, RELATING TO. LOBBYISTS;
AMENDING SEC. SA -5, ENTITLED "LOBBYISTS; REGISTRATION
AND REPORTING, EXEMPTIONS," OF THE CITY OF SOUTH MIAMI
CODE, BY. CREATING PARAGRAPH (g), ENTITLED "PROHIBITION
ON APPOINTMENT OF LOBBYIST -TO BOARDS AND COMMITTEES;.
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
. (Comm. Wiscombe /Vice Mayor Feliu /Comm. Bethel) .
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, 'FLORIDA, -RELATING TO PERSONNEL;
AMENDING CHAPTER 16A, OF THE CITY OF SOUTH MIAMI CODE,
ENTITLED "PERSONNEL SYSTEM" IS AMENDED TO CREATE A NEW
SECTION 16A -40, ENTITLED "EMPLOYMENT OF APPOINTEES 'TO
BOARDS AND - COMMITTEES PROHIBITED "; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE
DATE. 3/5
(Comm. Bethel /Vice Mayor Feliu /Comm. Wiscombe)
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS
APPROVING A SHORT TERM LEASE AGREEMENT BETWEEN THE CITY
OF SOUTH MIAMI AND ABSOLUTE' TRANSFER FOR VEHICLE
STORAGE ON THE NORTHERN PORTION OF 5890 SW 69T" STREET;
PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR
REGULAR CITY COMkISSION 3
AGENDA — August 15, 2000
Go T-o
i�
C, k b ",�
ORDINANCES IN CONFLICT;.SEVERABILITY; ANDY AN EFFECTIVE
DATE.- 4/5
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.,l-(k) (2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE 'ADDRESSING THE COMMISSION
SHALL - BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY -THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION."
PUBLIC REMARKS
COMMISSION REMARKS
PURSUANT TO FLA`STATUTES 286.0105, "'THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING,'HE,OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY. NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
REGULAR CITY COMMISSION 4
AGENDA - August 15, 2000
v
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 8/11/00
AGENDA ITEM #
FROM: Charles D. Scurr Cool Comm. Mtg. 8/15/00
City Manager Code Enforcement Liens
THE HE
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF TILE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE
ENFORCEMENT LIENS; ESTABLISHING POLICY WAIVING CODE
ENFORCEMENT LIENS IN AN AMOUNT NOT TO EXCEED $5,000.00
FOR THOSE PROPERTIES /ORGANIZATIONS APPROVED BY THE
SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY FOR TIIE
INFILL HOUSING PROGRAM; PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The attached resolution sponsored by Vice Mayor Feliu and co- sponsored by Mayor
Robaina, Commissioners Bethel and Wiscombe establishes a policy waiving code
enforcement liens in an amount not to exceed $5,000.00 for those properties identified
suitable for the CRA Infill Housing program.
The South Miami Community Redevelopment Agency was created to redevelop and
revitalize a certain portion of the City of South Miami. The City Commission recognizes
the importance of providing affordable housing for the residents in the CRA Area. One
of the key elements identified to accomplish this, in the CRA Plan, is the Infill Housing
program. The adoption of this resolution would allow those entities interested in
providing affordable housing for the CRA area residents to accomplish this goal in a
most advantageous and expedient manner.
1
2
3
4 RESOLUTION NO.
5
6
7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE
9 ENFORCEMENT LIENS; ESTABLISHING POLICY WAIVING CODE
10 ENFORCEMENT LIENS IN A AMOUNT NOT TO EXCEED $5,000.00
11 FOR THOSE PROPERTIES /ORGANIZATIONS APPROVED BY THE
12 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY FOR
13 TIIE INFILL HOUSING PROGRAM; PROVIDING AN EFFECTIVE
14 DATE.
15
16
17 WHEREAS, the Mayor and City Commission of the City of South Miami
18 recognizes the importance of paving the way to provide affordable housing for the
19 residents in the CRA area; and
20
21
22 WHEREAS, the South Miami Community Redevelopment Agency was created to
23 redevelop and revitalize a certain portion of the City of South Miami; and
24
25
26 WHEREAS, one of the key elements in the CRA Plan is the Infill housing
27 Program; and
28
29
30 WHEREAS, the Mayor and City Commission desire to establish a policy waiving
31 Code Enforcement liens in an amount not to exceed $5,000.00 assessed against certain
32 properties approved by the SMCRA for the Infill Housing program so that those entities
33 interested in providing affordable housing for residents can accomplish that goal in a
34 most advantageous and expedient manner.
35
36
37 NOW THERE-FORE BE IT RESOLVED BY THE MAYOR AND CITY
38 COMMISSION OF TIIE CITY OF SOUTH MIAMI, FLORIDA;
39
40 Section 1. A policy is established waiving City of South Miami Code
41 Enforcement liens in an amount not to exceed $5,000.00 assessed against properties
42 approved by the South Miami Community Redevelopment Agency for the CRA Infill
43 IIousing program.
Additions shown by underlining and deletions shown by ^v°fstrgHrb.
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8
9
1.0
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13
14
15
1.6
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18
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 12000.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
Page 2 of 2
v
To:
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
Mayor and City Commission
From: Charles D. Scurr
City Manager y
REQUEST:
Date: August 11, 2000
Agenda Item #
fCO04 Re: Comm. Mtg. 08/15/00
Request by Ms. Perterra
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL
FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD REGARDING THE SIGNAGE FOR
BOUGAINVILLEA'S OLD FLORIDA TAVERN, SPECIFICALLY
LOCATED AT 7221 SW 58Tx AVENUE.
BACKGROUND & ANALYSIS:
Subject property, 7221 SW 58" Avenue, is designated as a contributive building located within the
Hometown District. Applicant is proposing to open a tavern and is requesting signage approval. The
application first appeared before the Environmental Review and Preservation Board on June 6,
2000. ERPB reviewed the request and felt that the style and size of the sign was not in character
with the building. ERPB suggested that perhaps a lattice work.with a growing vine and archway and
a small hanging sign may make it more appealing and compatible with the existing surrounding.
The ERPB deferred the application and suggested to the applicant to incorporate the Board's
comments and return to ERPB.
A special Historic Preservation Board (HPB) meeting was called to accommodate the applicant, on
June 19, 2000, the applicant proposed a reduced sign with minor modifications. However, the Board
after a lengthy discussion, felt that the sign was out of character and context. The Board approved
two different signs a hanging sign, similar to the existing sign and a landscape sign.
RECOMMENDATION:
It is recommended that the appeal be denied.
August 11, 2000 1
Page 1 of 2
Attachments
Proposed Resolution for Adoption
Applicant submittal documents of August 13, 2000 City Commissions meeting
Document includes the following:
Letter of Intent
Photographs of existing signs throughout the city
Proposed sign rendition
Proposed sign details
Copy of proposed sign of June 19, 2000 HPB meeting
Excerpt minutes of June 19, 2000 HPB meeting
Copy of proposed sign and details of June 6, 2000 ERPB meeting
Excerpt minutes of June 6, 2000 ERPB meeting
August 11, 2000 2
Page 1 of 2
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN
APPEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW
AND PRESERVATION BOARD REGARDING THE SIGNAGE FOR
BOUGAINVILLEA'S OLD FLORIDA TAVERN, SPECIFICALLY
LOCATED AT 7221 SW 58TH AVENUE.
WHEREAS, on June 6, 2000, the Environmental Review and
Preservation Board (ERPB) reviewed the application for signage
installation for Bougainvillea's Old Florida Tavern located at
7221 SW 58th Avenue; and;
WHEREAS, the ERPB deferred the application and suggested to
the applicant to incorporate the Board's comments and return to
ERPB and;
WHEREAS, on June 19, 2000, the Historic Preservation Board
(HPB) held a special meeting and reviewed the modified sign; and;
WHEREAS, the HPB discussed
the proposed sign was out of
contributive structure; and;
the proposed sign and felt that
character and scale with the
WHEREAS, the HPB moved approval that two different signs,
similar to the ones currently existing on the property, be
permitted on site. A hanging sign, similar to the existing, and a
landscape sign at the corner would be permitted. No sign is to
placed on the structure; and;
Whereas, the Applicant wishes to appeal this decision,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the appeal to the decision of the
Environmental Review and Preservation Board of June 6, 2000,
signage for Bougainvillea's Old Florida Tavern, specifically
located at 7221 SW 58th Avenue is hereby (approved /denied).
1
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8
9
10
PASSED AND ADOPTED this 15th day of August, 2000.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
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Dear Commissioners,
Enclosed you will find a packet with the details of the sign we are
proposing for Bougainvillea's Old Florida Tavern. Thank you for
considering our appeal regarding our proposed sign.
The property on which our tavern is located is unlike any other in the
entire Hometown district of South Miami. The building is unique and
beautiful, and the property is covered with beautiful mature trees and plants.
It is old, rustic, cozy, and very hospitable. We could not have found a more
perfect setting for our tavern. The changes we made to the property were
necessary changes to bring it up to code and accommodate a tavern. All
other changes were minimal and made to enhance what was already there.
Unfortunately, the very trees that create a beautiful and inviting
environment, would also obstruct the view of most signs from the street and
drivers. Our intentions in putting up a sign are no different from everyone
else's, for identification and advertisement. We want those who pass by to
know who and what we are. When it came to designing our sign we wanted
a sign that would be compatible with the image projected by the property
and an old Florida Tavern. Thus, we intentionally stayed away from channel
letters, neon signs, and other sign types that are too modern. We understand
that the sign we are proposing is unusual in the South Miami area because
no other business in the area is covered with beautiful foliage like ours. This
type of sign, however, is more common in Coconut Grove where businesses
are found in lush green areas.
We would also like to point out that when contemplating a design for
our sign we were heavily influenced by the City's own landscape signs. We
were unable to use a landscape sign because, as previously addressed, it
would not be seen from the street. As a result, we enhanced upon the City's
style by giving it a welcoming effect and designing our sign as a gateway
sign. This sign allows us to take advantage of the beauty of our foliage and
trees, remain compatible with the structure and the city's hometown feel, let
people know we are there and that they are welcomed, and remain true to
our own Old Florida Tavern theme.
It is our hope that you will grant our appeal and allow us to contribute
to South Miami's commercial "Hometown" district in an elegant and
compatible way.
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CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD
SPECIAL MEETING
ACTION SUMMARY MINUTES
MONDAY, JUNE 19, 2000
City Commission Chambers
5:00 PM
I. Call to order
Action: Mr. Cooper, Chair, called the special meeting to order at approximately 5:10 p.m.
II. Roll call
Action: Roll call was performed.
Board members present constituting a quorum
Mr. Cooper, Ms. Bagatti, Ms. Redding, Ms. Lahiff, Mr. Kurtzman
Board member absent
Mr. Deen
City staff present
Subrata Basu (ACM/Planning Director); David Struder (Board Secretary)
III. Request for approval
Bougainvillea's Old Florida Tavern
7221 SW 58 Avenue
South Miami, FL 33143
Request to approve 1) gateway sign & 2) color scheme
Action: Mr. Cooper noted the application for the record.
Mr. Abel Rodriguez, of Bougainvillea's Old Florida Tavern, spoke as the representative.
The Board, Mr. Rodriguez, and staff discussed the application.
"City of Pleasant Living"
The Board agreed to consider the sign and color scheme separately.
Motion: Mr. Cooper moved approval that two signs be permitted, as follows: one hanging sign,
similar to the one existing at the walkway, and one landscape sign, placed at the corner (of SW
73 St & SW 58 Ave), both of which would be two - sided, dimensions would be to code. No sign
is to be placed on the structure. Mr. Kurtzman seconded the motion.
Vote: Approved 5 Opposed 0
The Board continued by considering the color scheme.
Motion: Mr. Cooper moved approval of the color scheme as presented. Ms. Redding seconded
the motion.
Vote: Approved 4 Opposed 1 (Mr. Kurtzman)
IV. Approval of minutes
No minutes were submitted for approval at the special meeting.
VI. Remarks / Discussion
No remarks / discussion were held during the special meeting.
VII. Adjournment
There being no further business before the Board, the special meeting was adjourned at
approximately 5:50 p.m.
"City of Pleasant Living"
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CITY OF SOUTH MIAMI
ENVIRONMENTAL REVIEW & PRESERVATION BOARD
REGULAR MEETING
ACTION SUMMARY MINUTES
Tuesday, June 06, 2000
8:30 AM
I. CALL TO ORDER
Action: Ms. Mark, Chair, called the meeting to order at 8:34 a.m.
II. PLEDGE OF ALLEGIANCE
Action: The Pledge of Allegiance was recited in unison.
III. ROLL CALL
Action: Ms. Mark performed roll call.
Board members present constituting a quorum
Ms. Mark, Ms. Radosevich, Mr. Shaw, Mr. Vitalini (arrived 8:45 a.m.; departed 9:40 a.m.)
Board members absent
Ms. Banks, Mr. Whitehead
City staff present
Lourdes Cabrera - Hernandez (Planner); David Struder (Board Secretary)
IV. REQUESTS
A. LANDSCAPING INSTALLATION [EB -00 -023]
Applicant: City of South Miami, Public Works Department
Address: SW 67 Avenue ROW & SW 65 Avenue ROW
Description: The Public Works Department seeks approval for two landscaping proposals,
including 1) street tree replacement, SW 67 Avenue ROW, and 2) new installation, SW 65
Avenue ROW. Memoranda provided by the Public Works Department provide details of
the two proposals. Photographs will be presented at the meeting.
Recommendation: Staff recommends approval.
Action: Ms. Mark read the request into the record and staff presented the item.
ERPB MINUTES 06 -06 -00
No representative was present for the applicant.
The Board and staff reviewed the application.
Comments included that the oaks subject to removal may be located far enough away from the
native pineland to avoid being transplanted.
The Board concurred that deferral may be in order and that an employee from the Public Works
Department should be present at the next ERPB meeting in order to elaborate on the two
proposals.
Motion: Ms. Mark moved deferral, as presented. Mr. Shaw seconded the motion.
Vote: Approved 3 Opposed 0
B. RESIDENTIAL CONSTRUCTION [EB -00 -024]
Applicant: Habitat for Humanity
Address: 6040 SW 63 Street
Description: The applicant seeks approval for construction of a three bedroom, one bath
single- family residence. Color samples and photographs will be presented at the meeting.
Recommendation: Staff recommends approval.
Action: Ms. Mark read the request into the record, noting that items B and C would be reviewed
concurrently.
Staff presented the items to the Board.
No representative was present for the applicant of items B and C.
The Board and staff reviewed both applications.
Comments included relocating a proposed oak tree to the south side and making changes to the
models, such as by modifying elevations, extending roof lines, etc.
The Board concurred that the applicant, Habitat for Humanity, develop and include a survey of
existing homes, showing what they have constructed, where, the colors involved, etc., prior to their
next application with the City, in order for ERPB to determine similarities in residences.
Motion: Mr. Shaw moved approval, as presented, with the condition that the proposed oak tree be
moved to the south side (for 6039 SW 63 Terrace). Ms. Radosevich seconded the motion.
Vote: Approved 3 Opposed 0
ERPB MINUTES 06 -06 -00 2
C. RESIDENTIAL CONSTRUCTION [EB -00 -025]
Applicant: Habitat for Humanity
Address: 6039 SW 63 Terrace
Description: The applicant seeks approval for construction of a three - bedroom, one bath
single- family residence. Color samples and photographs will be presented at the meeting.
Recommendation: Staff recommends approval.
(See proceedings for item B, above.)
D. EXTERIOR RENOVATIONS [EB -00 -026]
Applicant: Bread Gallery Bakery & Cafd (as tenant)
Address: 5748 Sunset Drive
Description: The applicant seeks approval for exterior renovations for the new Bread
Gallery Bakery & Cafe opening on Sunset Drive. The proposal includes: 1) installation of
cut stone along the base of the building; 2) placement of window signage and logo; and 3)
painting of existing window mullions. (The applicant has applied separately with the
Planning & Zoning Department for approval of outdoor seating & dining, which is
currently under review.) Material samples, color samples, and photographs will be
presented at the meeting.
Recommendation: Staff recommends approval.
Action: Ms. Mark read the request into the record and staff presented the item.
Mr. Cesar Rincon spoke as the representative.
The Board, Mr. Rincon, and staff reviewed the application.
Motion: Mr. Shaw moved approval, as presented. Ms. Mark seconded the motion.
Vote: Approved 4 Opposed 0 00
E. EXTERIOR PAINTING & SIGNAGE (DETACHED) [EB -00 -027]
Applicant: Bougainvillea's Old Florida Tavern
Address: 7221 SW 58 Avenue
Description: The applicant seeks approval for exterior painting and installation of a
gateway sign, as a detached sign (see signage regulations, (L) Additional Signage,
included). Color samples and photographs will be presented at the meeting.
Recommendation: Staff recommends approval.
Action: Ms. Mark read the request into the record and staff presented the item.
Ms. Cristina Perterra spoke as the representative.
The Board, Ms. Perterra, and staff reviewed the application.
ERPB MINUTES 06 -06 -00
Comments included, but were not limited to, the following: making the gateway sign more
appealing by use of latticework, a curved top portion or archway, and by reducing the size of
sign.
Motion: Mr. Shaw moved deferral of the gateway sign portion, in order to allow further
consideration and incorporation of the Board's comments and a return to ERPB. Ms. Mark
seconded the motion.
Vote: Approved 4 Opposed 0
Consideration continued with review of the portion involving exterior painting.
Motion: Mr. Shaw moved approval of the color scheme, as presented. Mr. Vitalini seconded
the motion.
Vote: Approved 2 Opposed 2 (Ms. Mark)
(Ms. Radosevich)
The Board concurred that the matter involving the colors be referred to staff for follow -up,
due to the tie vote.
F. SIGNAGE INSTALLATION [EB -00 -028]
Applicant: Interstate Signs (for Alexia's Salon & Day Spa)
Address: 6254 -56 South Dixie Highway
Description: The applicant seeks approval for (1) installation of a mansard (roof) sign and
(2) change of copy for an existing non - conforming detached sign, at the South Miami
Shopping Center on South Dixie Highway. Color samples, material samples, and
photographs will be presented at the meeting.
Recommendation: Staff recommends approval.
Action: Ms. Mark read the request into the record and staff presented the item.
No representative was present for the applicant.
The Board and staff reviewed the application, taking into consideration that the mansard sign and
the pylon sign should be considered separately.
Motion: Mr. Shaw moved approval of the mansard (roof) sign, with the understanding that the
store is occupying both spaces (6254 & 56 South Dixie Highway). Ms. Mark seconded the
motion.
Vote: Approved 3 Opposed 0
Motion: Ms. Mark moved deferral of the pylon sign, in order for staff to review the non-
conforming situation, particularly with respect to rendering the pylon sign conforming. Mr. Shaw
seconded the motion.
ERPB MINUTES 06 -06 -00 4
Vote: Approved 3 Opposed 0
G. CANOPY INSTALLATION [EB -00 -029]
Applicant: Biscayne Awnings Co., Inc. (for Miami -Dade Fire Department)
Address: 5860 SW 70 Street
Description: The applicant seeks approval for installation of four canopies at the Miami -
Dade Fire Department site located in South Miami. Material sample and photographs will
be presented at the meeting.
Recommendation: Staff recommends approval.
Action: Ms. Mark read the request into the record and staff presented the item.
Ms. Alicia Perez spoke as the representative.
The Board, Ms. Perez, and staff reviewed the application.
Comments included, but were not limited to, the following: including additional landscaping and
presenting a property survey.
Motion: Ms. Vitalini moved deferral, as presented. Ms. Radosevich seconded the motion.
Vote: Approved 4 Opposed 0
V. REMARKS
Topics for consideration
Action: Ms. Mark read into the record a proposed modification by Public Works to a prior ERPB
approval, file number EB -99 -084
Staff referenced a memorandum from Public Works dated June 1, 2000.
The Board and staff discussed the proposal.
Motion: Mr. Shaw moved approval as presented, with the condition that the trees and palms have
adequate trunk height in order that clear visibility for traffic is assured.
Vote: Approved 3 Opposed 0
Additional remarks included discussion involving the Zoning Task Force and its subcommittees
and the response by the Shops to City concerns regarding onsite landscaping.
VI. APPROVAL OF MINUTES
Minutes for regular meeting held on May 16, 2000
The Board duly voted on and approved the minutes for May 16, 2000, as submitted.
ERPB MINUTES 06 -06 -00
Vote: Approved 3 Opposed 0
VII. ADJOURNMENT
There being no further business before the Board, the meeting was adjourned at 10:29 a.m.
An applicant may obtain a building permit the afternoon of the day after the ERPB meeting, at which the application
was approved, if all other requirements for the permit have been met. An appeal of an ERPB decision or
recommendation may be filed at any time before a building permit is issued by filing same with the city clerk upon a
form prescribed therefore. Appeals may be taken by the applicant, interested citizens, or the city administration [per §
20 -6.2 (A) of the City's Land Development Code].
If you have any questions concerning this matter, please contact David Struder, of the Planning & Zoning Department,
between the hours of 8:00 AM and 5:00 PM, Monday through Friday, at 305.663.6326.
ERPB MINUTES 06 -06 -00 6
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN
APPEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW
AND PRESERVATION BOARD REGARDING THE SIGNAGE FOR
BOUGAINVILLEA'S OLD FLORIDA TAVERN, SPECIFICALLY
LOCATED AT 7221 SW 58TH AVENUE.
WHEREAS, on June 6, 2000, the Environmental Review and
Preservation Board (ERPB) reviewed the application for signage
installation for Bougainvillea's Old Florida Tavern located at
7221 SW 58th Avenue; and;
WHEREAS, the ERPB deferred the application and suggested to
the applicant to incorporate the Board's comments and return to
ERPB and;
WHEREAS, on June 19, 2000, the Historic Preservation Board
(HPB) held a special meeting and reviewed the modified sign; and;
WHEREAS, the HPB discussed
the proposed sign was out of
contributive structure; and;
the proposed sign and felt that
character and scale with the
WHEREAS, the HPB moved approval that two different signs,
similar to the ones currently existing on the property, be
permitted on site. A hanging sign, similar to the existing, and a
landscape sign at the corner would be permitted. No sign is to
placed on the structure; and;
Whereas, the Applicant wishes to appeal this decision,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the appeal to the decision of the
Environmental Review and Preservation Board of June 6, 2000,
signage for Bougainvillea's Old Florida Tavern, specifically
located at 7221 SW 58th Avenue is hereby (approved /denied).
PASSED AND ADOPTED this 15th day of August, 2000.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f /kla Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - 8/1.5/00
in the ........... XXXXX ...................... Court,
was published in said newspaper in the issues of
Aug 4, 2000
Affiant further says that the said Miami Daily Business
Review Is a newspaper published at Miami in said Miami-
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
Count da, far a period of one year next preceding the
first blicat not the attached copy of advertisement and
affi t furth says that she has neither paid nor promised
any perso firm or corporation any discount, rebate, com-
mis ion refund fpr the purpose of securing this advertise-
me fo ubllcati in the said newspaper.
-14
orn to and ubse efore me this
4 Augus 2000
... day f D .
(SEAL)
Ufir.r
Sookie Williams person illy known t#4h$;: i
NOTARY PUBLIC 0A
COM!4Z5I0N .' CC ?,2958
MY COMMISSION ! JNE 232
A
s
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct a Public Hearing during its regular City Com-
mission meeting on Tuesday, August 15, 2000 beginning at 7 :30 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF.SOUTH MIAMI, FLORIDA, RELATING TO AN AP-
PEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW
AND PRESERVATION BOARD REGARDING THE SIGNAGE FOR
BOUGAINVILLEA'S OLD FLORIDA TAVERN, SPECIFICALLY LO-
CATED AT 7221 SW 58TH AVENUE.
Inquiries concerning this item should be directed to the Planning Divi-
sion at: 663 -6327.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CIVIC
City Clerk
City of South Miami
Pursuant to Florida Statutes 266.0105, the City hereby advises the pub-
lic that it a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its meet-
ing or hearing, he or she will need a record of the. proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based.
8/4 00- 3- 91178345M
— CITY OF SOUTH MIAMI
OINTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: August 9, 2000
Charles Scurr, City Manager
Ronetta Taylor, City Clerk
Chief Cokes Watson
From: Earl G. Gallop, City Attorney Re: City of South Miami Trigger Lock
Ordinance— Interpretation of duty
to secure firearm
Subject: Interpretation of the duty to secure a firearm with a trigger lock when the weapon is
stored in a locked container.
Discussion: The Mayor and City Commission adopted Ordinance no. 14 -00 -1716, which
amended section 15 -7 of the City of South Miami Code of Ordinances, to require firearms
to be secured with locking devices under the circumstances described in the ordinance.
The NRA asserts in the pending litigation that its members are in violation of the ordinance
if they store firearms in a locked box. While the assertion is incorrect, it would be useful
to dispel any confusion about the operation of the ordinance and to make it more difficult
for opponents to the standard of care to misinform the public. The attached resolution
provides interpretation of section 15 -7(2) to make it abundantly clear that the standard of
care to secure firearms is satisfied when a weapon is stored in a locked box. The duty to
secure a firearm with a locking device arises when the weapon is not stored in a locked
box. It is not a violation of the ordinance to secure firearms in a locked box. Upon
approval, the resolution will be filed with the court.
Recommendation: Approve the attached resolution.
I RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 PUBLIC SAFETY; PROVIDING INTERPRETATION OF SEC.
7 15 -7(2) RELATING TO LOCKING DEVICES REQUIRED FOR
8 FIREARMS; PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS, the Mayor and City Commission of the City of South Miami
12 adopted Ordinance no. 14 -00 -1716, which amended section 15 -7 of the City of
13 South Miami Code of Ordinances to require firearms to be secured with locking
14 devices under the circumstances described in the ordinance; and,
15
16 WHEREAS, section 15 -7(2) of the ordinance provides:
17
18 If a person stores or leaves a firearm at any location where the
19 person knows or reasonably should know that a minor might gain
20 access to the firearm, the person shall secure the firearm with a
21 locking device except when it is carried on his or her body or is
22 located within such close proximity that the person can retrieve the
23 firearm and prevent access to it by a minor.
24
25 WHEREAS, in the case styled National Rifle Association, et al. v. City of
26 South Miami, Case no. 00- 175982 CA09 (Fla. 11`h Cir. Ct. 2000), the NRA has
27 asserted that the City's ordinance requires firearms to be secured with a locking
28 devise and makes it unlawful to secure a firearm in a locked box or container,
29 including a gun safe; and,
30
31 WHEREAS, the NRA's assertion is inconsistent with the plain meaning of
32 section 15 -7(2) but nevertheless suggests the desirability for the city commission
33 to provide interpretation of that section to avoid any confusion that might be
34 perpetrated by the NRA or any other party to the litigation.
35
36 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
38
39 Section 1. The Mayor and City Commission, having considered its
40 intent in adopting Ordinance no. 14 -00 -1716, popularly known as the City of
41 South Miami Trigger Lock Ordinance, and the wording of section 15 -7(2),
42 declares that the duty to secure a firearm with a locking device applies to any
Additions shown by underlining and deletions shown by OWFStfildflg.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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23
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27
person who stores or leaves a firearm at any location where. the person knows or
reasonably should know that a minor might gain access to the firearm. The duty
of care created by the ordinance is satisfied when a person secures a firearm in a
locked container, including, but not limited to, a gun safe. A firearm is stored in a
locked container to prevent access to it by all unauthorized persons, including
minors and criminals. When a firearm is secured in a locked container, the person
who is responsible for the firearm reasonably expects that a minor will not gain
access to it. Consequently, it is not a violation of the ordinance to secure a firearm
in a locked container.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 15'" day of August, 2000.
ATTEST: APPROVED:
CITY CLERK MAYOR
COMMISSION VOTE:
READ AND APPROVED AS TO FORM: Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
CITY ATTORNEY Commissioner Bethel:
Commissioner Russell:
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