09-15-92OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
SPECIAL CITY COMMISSION MEETING Next Resolution:
September 15, 1.992 Next Ordinance:
7:30 p.m. Next Commission Meeting:
A. Invocation
B. Pledge of Allegiance of the Flag of the United States of America
C. Presentations:
D. Items for Commission Consideration:
1. City Manager's Report
2. City Attorney's Report
3. Approval of Minutes: August 18, 1992 and September 1, 1992
ORDINANCES --.-SECOND READING & PUBLIC HEARING: ^
4. An Ordinance of the Mayor and City Commission of the City of
South Miarni, Florida, amending Section 20 -6.2 (A) of the Land
Development Code of the City of South Miami, to provide decisions
of the Environmental Review and Preservation Board are final after
the fifteen day appeal period; providing for severabi;lity; providing
for ordinances in conflict; and providing an effective date.
(Mayor) _ 3/5
5. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending Section (A) 2 of Building Permit fees for
alterations and repairs to RS -1, RS -2, RS -3, RS -49 RT -6 (Single Unit),
®(� and RT -9 (Single Unit) building up to $1,000.00; providing for
severability; providing for ordinances in conflict; and providing
an effective date.
(Commissioner Carver) 4/5
6. n 0rdinaince of the Mayor and City ,Commission of the City of South
Miami, Florida, ameding Section (3) E of Ordinance No. 14 -90- 1454,
by limiting fees for RS -1, RS -2, RS -3, RS -4, RT -6 (Single Unit), and
RT -9 (Single Unit) applications for approval by the Environmental
Review and Preservation Board ( "ERPB ") to where the repairs,
Sal teratioins,' or addi tons are in excess of $1,.500.0'0 and not requiring
a fee for additonal appearances for the same application before the
ERPB; providing for severab'ility; providing for ordinances in conflict;
and providing an effective date.
(Commission Carver) 4/5
RESOLUTIONS FOR PUBLIC HEARING:
7. A Resolution of the Mayor and City Commission of the City of South,
Miami, Florida, approving a request pursuant to Sec. 20 -4.3 (1)(3)(a)
of the Land Development Code for a variance to allow two signs of
35 square feet each', where one sign per lot, not to exceed 35 square
feet, is' all' owed by David Hill from the Planning Board of the City
of South Miami, Florida, for the property known as 6400 South Dixie
Highway, South Miami, Florida 33143 and legally described hereinbelow.
(PB /Administration) 4/5
RESOLUTIONS:
8. A Resolution of the Mayor and City Commission of the City of South
Miami Florida, denying an appeal from the E'nvironmen >tal Review and
Preservation Board by Dorphil Swimming Pool Supplies with regard to
installation of-nine additional tanks for the property commonly
known as 7500 SW 61 Avenue, South Miami, Florida 33143.
(Commissioner Carver) 3/5
� t
OFFICIAL AGENDA
September 15, 1992
7:30 p.m.
RESOLUTIONS:
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to enter into an
5 agreement with Rachlin and Cohen, Certified Public Accountants,
to provide independent audit services for fiscal years ending
September 30, 1992, 1993, 1994.
(Administration) 3/5
10. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing, the expenditure by the City Manager of
a sum not to exceed $1,500.00 for,demoliton of the premises
commonly known as 5978 SW 66 Street, South Miami Florida 33143,
which premises were'rend,ered uninhabitable by Hurricane Andrew
and charging the disbursement to Account No. 2100 -5510 "Contingency
Fund.
(',Administration) 3/5
11. A Resolution of the Mayor an: <d City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the sum of
$1,100.00 to A.P. Paving Company, final payment for resurfacing and
P� drainage of Commerce Lane and providing disbursement from account
number: 1730 -4640: 'Public Works Department "Maintenance and Repairs
Streets."
F1 " ' / P (Administration) 3/5
12. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, pursuant to .Section 2 -2.1 (A) of the Code of
0 Ordinances, resetting the Regular Meeting for the First Tuesday of
October; October 6, 19.92 to October a, 1992.
(Mayor) 3/5
ORDINANCES - FIRST READING:
13. An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, abandoning alleys legally described hereinbelow;
providing for severability; providing for ordinances in conflict;
and providing an effective date.
(Mayor) 4/5
14. An Ordinance of the City of South Miami, Florida, amending Section
20 -3.3 (D) of the Land Development Code of the City of South Miami,
Florida by deleting Delete "GR "'from "Wholesale Sales & "Storage;"
providing for severability, ordinances in conflict, and an effective
date.
15.
(Mayor)
3/5
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the sale of a portion of South Miami
Field legally described hereinbelow to the Dade County School
Board for the sum of $183,750.00 upon the basis that the paid land
is not presently serving any public purpose; providing for
severability; providing for ordinances in conflict and providing
an effective date.
(Mayor) 4/5
f
OFFICIAL AGENDA
September 15, 1992
7:30 p.m.
REMARKS:
None
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, denying a request for a Special Use Permit to allow a "Mobile
Automobile Wash /Wax Service' Use in the L0, MO,, NR, -GR, I and H Districts
pursuant to Section 20 -3.4 (B)(20) of the Land Development Code by
Alvaro Tellez from the Planning Board of the City of South Miami Florida.
(Deferred I'I)
You are hereby advised that if any person desires to appeal any
decision with respect to any matter considered at this meeting or
hearing, such person will need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
3
Y
ORDINANCE NO.
AN ORDINA14CE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -6.2
(A) OF T)IE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI, TO PROVIDE DECISIONS OF THE ENVIRONMENTAL
REVIEW A14D- PRESERVATION BOARD ARE FINAL AFTER THE
FIFTEEN DAY APPEAL PERIOD, PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami heretofore adopted, as
Chapter 20 of its Code of Ordinances, a Land Development Code,
in which Code section 20 -6.2 (A) deals with appeals; and
WHEREAS, the previous Code clearly provided that decisions
of the Environmental Review and Preservation Board (ERPB) were
final after the expiration of the fifteen day appeal period; and
WHEREAS, the Mayor and City Commission wish to amend the
aforesaid present code section so that it also pruvidco ERPB.
decisions are final after the expiration of the fifteen day,
appeal period;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -6.2 (A) of the Land Development
Code of the City of South Miami be, and the same hereby is,
amended to readl as follows:
(A) ERPB Decisions; Time; Standing to Appeal.
All decisions and recommendations of the Environmental
Review and Preservation Board shall be considered fir►ai
unless' within fifteen (15) days after the model of
project and draft minutes of said meeting become
available for public review and information an appeal
to the City Commission shall be filed with the City
Clerk upon a form prescribed therefore. Plans
approved by the Environmental Review and Preservation
Board for appearance of single family residences shall
not be subiect to the fifteen (15) day appeal period.
Appeals may be taken by the applicant, interested
citizens or City Administration'.
' r
Ordinance.
Section 3_ All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 4_ This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of , 1992.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
� f
z
20-6.2 APPEALS
(A) Standing to Appeal
Any person aggrieved or any officer, employee, department or
board of the City may make an appeal.
(1) Appeals shall be made within fifteen (15) calendar days
of the time of the appealed action by filing with the
officer from whom the appeal is taken and with the City
Commission a notice of appeal, specifying the' grounds
thereof .
(2) The officer from whom the appeal is taken shall forthwith
transmit to the City Commission all papers constituting
the record from which action was taken. .
(a) Stay of proceedings
An :appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is
taken certifies to the City Commission, after notice of appeal
has been filed with him, that because of the facts stated in
the certificate a stay would, in the offices*s opinion cause
isainent peril to life or property or that because the
violation charged is transitory in nature a stay would
seriously interfere with enforcement of the Code.
(C) R08ttainimq orders
If certification occurs in accordance with subsection (B)
above, proceedings may not.. be stayed except by a restraining
orders which may be granted by the City Commission or by a
court of record an application, on notice to the officer from
whom the appeal in taken and on due cause shown.
(D) Appeal Me ing
The City Commission shall hear and enter a decision on all
appalls within sixty (60) days = of the date of filing said
appeal, and shall provide due notice of the appeal to the
parties.
LDC'z UPUTRD PE MARY 1992 2 o e CITY OP ' 9Op'1'D``MZAKI
t
}'ol ]owing is the language in the previous Zoning Cpda, section 11-
3 -5;
•3.5 h eels
All declsions and recommendations of Che Environmental Review
and Froservation Board shall be miuldsred final unless vithin
Hi teen (15) days after the model of tiro)ect and draft minutes
of said mecting become Available for public review and infotmetinn
an appeal to the City Commission shall be filed with the City Clark
ul.,on a farm prescribed thorefore, flans epproved by the Envlrun-
wcntal Review and Preservation toard for ahpeersnct of single femn-
ily residences shnll not be subject to the fifteen (IS) day appeal
period. Appeals Must be taken by the •pplitant, interested etti«
tens or the ,City Administration,
� 4
f .
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION (A) 2
OF BUILDING PERMIT FEES IN ORDINANCE NO. 14 -90 -1454, BY
REMOVING BUILDING PERMIT FEES FOR ALTERATIONS AND
REPAIRS TO RS -1, RS -2, RS -3, RS -4, RT -6 (SINGLE UNIT),
AND -RT -9 (SINGLE UNIT) BUILDINGS UP TO S 1,000.00;
PROVIDING FOR.SEVERABILITY; PROVIDING FOR ORDINANCES IN
`CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about August 21, 1990, the City of South
Miami enacted Ordinance No.14 -90 -1454 providing, inter alia. for
building permit fees for alterations and repairs to buildings and
other structures; and
WHEREAS, the Mayor and City Commission wish to amend the
aforesaid Ordinance by removing building permit fees for
alterations anal repairs to RS -1, RS -2, RS -3, RS -4, RT -6 (single
unit), and RT -9 (single unit) buildings up to $ 1,000.00;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF 17HE CITY OF SOUTH MIAMI, FLORIDA:
Section 1,_ That Section (A) 2 of building permit fees in
Ordinance No. 14 -90 -1454 be, and the same hereby is, amended to
read as follows
2. ALTERATIONS AND REPAIR TO BUILDINGS AND OTHER
STRUCTURES:
Up to $ 11,000.00 of improvements or fractional part
a) Commercial buildings . S 35.00
by RS -1, RS -2, RS -3, RS -4, RT -6 (single.
unit),, and RT -9 (,single unit) buildings.. no charge
Section 2. 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 3_ All Ordinances or parts 'of Ordinances in conflict
herewith be and the same are hereby repealed.
Section -44 This Ordinance shall take effect immediately at
- re
! L
the time of its passage.
PASSED AND ADOPTED this day of , 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
� e
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION (3) E OF
ORDINANCE NO. 14 -90 -1454, BY LIMITING FEES FOR RS -1,
RS -2, RS -:3, RS -4, RT -6 (SINGLE UNIT), AND RT -9 (SINGLE
UNIT) APPLICATIONS FOR APPROVAL BY THE ENVIRONMENTAL
REVIEW AND PRESERVATION BOARD ("ERPB") TO WHERE THE
REPAIRS, ALTERATIONS, OR ADDITIONS ARE IN EXCESS OF
S 1,500.00 AND NOT REQUIRING A FEE FOR ADDITIONAL
APPEARANCES FOR THE SAME APPLICATION BEFORE THE ERPB;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE..
WHEREAS, on or about August 21, 1990, the City of South
Miami enacted Ordinance No.14 -90 -1454 providing, inter alia for
fees for approval by the Environmental Review and Preservation
Board ( "ERPB") ; and
WHEREAS, the Mayor and City Commission wish to amend the
aforesaid Ordinance to only require an ERPB fee for RS -1, RS -2,
RS -3, RS -41 RT -6 (single unit), and RT -9 (single unit)
applications where the repairs, alterations, or additions are in
excess of S 1,500.00 and further to not require fees for
additional appearances for the same application before the ERPB;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section l,_ That Section (E) 3 of Ordinance No. 14 -90 -1454
be, and the same hereby is, amended to read as follows:
3. APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION
BOARD:
All applications for RS -1, RS -2, RS -3, RS -4, RT -6
(single unit) and RT -9 (single unit)
a) New Construction ...................,......5 25.00
Each additional appearance before the Board,
same application ........................ 0
b) Repairs,, Alterations, Additions and Accessory
Structures under $ 1,300.00 ............ no charge
c) Repais:s, Alterations, Additions and Accessory
Structures In excess of 5,1,500.00...... 25.00
Section 2 If any section, clause,.-sentence, or phrase of
this Ordinance is held to be invalid or unconsti- tutional by any
court of competent Jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section- 3. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of , 1992.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
S
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMIBsYON OF THE
nTTV OV 901JTH MIAMI, FLORIDA APPROVINC R RMOUDaT
PURSUANT TO SEC. 20 -4.3 (I)(3)(a) OF THE LAND
DEVELOPMENT CODE FOR A VARIANCE TO ALLOW TWO SIGNS OF
35 SQUARE ;BEET EACH, WHERE 'ONE SIGN PER LOT, NOT TO
EXCEED 35 SQUARE FEET, I8 ALLOWED BY DAVID HILL FROM
THR PLANN I N63 BOARD OF THE CITY OF SOUTH MIAMI, , FLORIDA
FOR THE PROPERTY KNOWN AS 6400 SOUTH DIXIE HIGHWAY,
SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED
HEREINBELOW
WHEREAS, David Hill requested the Planning Board of the City
of South Miami pursuant to Sec. 20 -3.4 (I)(3)(a) of the band
Development Code of the City of South Miami, Florida for a
Variance to allow two signs of 35 square feet each, where one
sign per lot, not to exceed thirty five` (35) square feet, is
allowed, on the property known as 6400 South Dixie Highway,
South Miami, Florida 331431, which property is legally described
as follows:
That part of the Southeast 1/4 of the
Southwest 1/4 of the Northwest 1/4 of Section
36, Township 54 South, Range 40 East
described as follows: For a point of
beginning, begin at the point of Intersection
of the East line of the said Southeast 1/4 of
Southwest 1/4 of Northwest 1/4; and the East
line of U.S. Highway No. 1, for ,a distance of
162.36 feet; thence go Southwesterly at a
right angle to U.S. Highway No. 1, for a
distance of 115.00 feet to a pointj thence go
Northeasterly parallel to U.S. Highway No. 1,
for a - distance'of 35.55 feet to the east line
of said Southeast 1/;4 of Southwest 1/4 of
Northwest 1/4; thence go North 'along the East
line of said Southeast' 1/4 of Southwest 1/'4
of Northwest 1/4 a distance of 228.43 'feet to
a point of Beggining.'
WHEREAS, the City Commission Staff Report recommended
denial of the request;
WHEREAS, on June 91 1992, the Planning Board voted to
recommend approval of the request for a variance made under
PE -92 -420 with is restictive covenant running with the land
allowing two not more than 35 square feet of signs on a single
pole by a._5 1 vote; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
CQMMIssION OF THE CITY OF SOUTH MIAMI, FLORIDA
y ,
Section l,_ That the request of David Hill pursuant to Sec.
20 -3.4 (1)(3)(ai) of the Land Development Code of the City of
South Miami, Florida for a variance to allow two signs of 35
square feet each, where one sign per lot, not to exceed thirty-
five (35) square feet, is allowed, for the property known as 6222
South Dixie Hiphway, South Miami, Florida 3,3143, be, and the same
hereby is, approved
PASSED AND, ADOPTED this th day of August, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROM AS TO FORM:
CITY ATTORNEY
"i Are map indicating subject pry irties and mailing area
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APPLICANTS 3tVI,D HILT,
OWNER! (j)
6I1P UVERENCE: � 6410 Cl• .DIXIE 1{W� Compose
170N4MENTS:�I
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PB- 92- 020 Hill:'
ill 6400 -6410. S. Dixie ,Hwy.
Page 7
t of South Miami
0 Sunset Drive. South Miami, Florida 33143
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Petition: we, the undersigned property owners, are within
500 feet of the above property. We understand
and approve of the following Request(s):
Applicant: David Hill PB -92 -020
Request: Variance to allow two signs of 35 square feet each on
property located below, where one sign per lot, not to
exceed thirty -five (35) square feet in area is allowed,
per § 20 -4.3 (I)(3) (a) of the Land Development Code.
Legal: That part of the Southeast 4 of the Southwest 4 of the
Northwest 4 of Section 36, Township 54 South, Range 40
East: described as follows:
For a point of beginning, begin at the Point of
Intersection of the East line of the said Southeast 4 of
Southwest 4 of Northwest 4 and the East line of U.S.
Highway No. 1, for a distance of 182.36 feet; thence go
Southwesterly at a right angle to U.S. Highway No. 1, for
a distance of 175.00 feet to a point; thence go
Northeasterly parallel to U.S. Highway No. 1, for a
distance of 35.55 feet to the east line of said Southeast
4 of Southwest 4 of Northwest 4; thence go North along
the East line of said Southeast k„ of Southwest', 4 of
Northwest 4 a distance of 228.43 feet to a Point of
Beginning.
Location: 6400 S. Dixie Highway, South.Miami, Florida 33143
(A Commercial property)
Name
Date Address
_ „ .� -
i711MON
1
_ „ .� -
M T N U T E Ste"'+
Planning Board
Tuesday, July 28, 1992
Sylva Martin Building
7:30 PM
I. Call to order and the Pledge of Allegiance to the Flag of the
U.S.A.
II. Roll Call. Present Absent
Manuel Gutierrez Larry Ligammare
Paul Eisenhart
John Lefley
Robert Parr
Cindy Thorner
Dianne Wright (7:40)
Also present: Planner Kobola and Board Secretary DeLisa.
III. Approval of the Minutes of June 30, 1992.
Chairman Gutierrez made a motion to approve the Minutes of June 30,
1992 with a correction, seconded by Mr. Lefley.
Vote: Approved: 4 Opposed: 0 Abstentions: 2
(Eisenhart)
(Parr)
IV. Public Hearing:
PB -92, 020
Applicant,.; David Hill
Request: Variance to allow two signs of 35 square feet each
on property located below, where one sign per lot,
not to exceed thirty -five (35) square feet in area
is allowed, per § 20 -4.3 (I)(3) (a) of the Land
Development Code.
Legal: That part of the Southeast k of the Southwest of
the Northwest k of Section 36, Township 54 South,
Range 40 East described as follows:
For a point of beginning, begin at the Point of
Intersection of the East line of the said Southeast
k of Southwest k of Northwest k and the East line
of U.S. Highway No. 1, for a distance of 182.36
PB Minutes
1 07-28 -92
I
c 1
1Eeet; thence go Southwesterly at a right angle to
U.S. Highway No. 1, for a distance of 175.00 feet
to a point thence go Northeasterly parallel to U.S.
Highway No. 1, for a` distance of 35.55 feet to the
east line of said Southeast ; of Southwest k of
Northwest ' thence go North along the East line of
said Southeast k of Southwest k of Northwest k a
distance of 228.43 feet to a Point of Beginning
Location: 6400 S. Dixie Highway, South Miami, Florida
33143
(A Commercial 'property)
Mr. Eisenhart read the request into the record. Planner Kobola was
called upon to render a recommendation from Staff. He stated that
the applicant wishes to add one more sign, making a total of two
signs, representing two separate businesses on the property. The
applicant maintains the original business, a radiator shop, with
the major portion of the property being ,leased to the 'tire center
next door. Staff does not recommend approval.
The Chair deemed public hearing to be opened, asking for those
present wishing to speak for the application., Louis J. Terminello,
attorney for the applicant, Mr. Dave Hill, signed in. Mr.
Terminello said that there have been two signs on this property
almost from the starting date, about 33 years ago He presented
a photograph of the adjacent property showing two 35 square foot
signs on a single pole (Waterbed, City and Computer Express) just
south of the radiator shop. The radiator shop is located at the
rear of the property and the tire center leases the front portion
of the property, fronting on the highway. Without a sign on the
highway, the radiator shop will not be able to stay in business.
The ordinance allows a sign of 80i square feet. Mr. Terminello
stated that this request complies ,with the definition of "hardship,"
because "it is part of the way the ',businesses have been carved
out ", there being no frontage for the, radiator shop on South Dixie
Highway. At one _time:, Mr. Hill painted his building, covering
over a: sign for the radiator shop. Wen he tried to replace the
painted sign, he was denied permission' to do so by the City
according to code.
Ms. Thorner asked whether or not this new sign will be effected by
the ordinance which becomes effective in 1993 when all signs must
have complied with the 35 square foot limitation.
Mr. Gutierrez feels that there is sufficient signage area without
allowing this-request
There being no one else to speak either for or against this
request, the Chair deemed the public hearing closed and the meeting
to be in 'executive session.
PB Minutes 2 07 -28 -92
It was explained by Mr. Kobola that, following a decision by this
Board, the application continues on to the City Commission for
their consideration. If they a
then submits to the Environmental Re iew and Pr servat on Board for
approval before being allowed to erect this sign.
Mr. Gutierrez stated his opinion that this property is in a special
location and due to the shape of the lot, enjoys "an incredible
frontage" to the highway. Therefore, 35 square footage is more
than enough for advertising.
Ms. Thorner suggested allowing two 35 sq ft signs to be located at
either end of the property, one for the tire center and the other
for the radiator shop. This will reduce the signage to 35 sq ft
in two different locations. Mr,.- Kobola stated that this would not
be allowed by the Land Development Code, Pg, 110, parag. 3 -a. Mr.
Gutierrez said that the idea of the sign ordinance is to avoid
overcrowding of signs.
The Chair called for a motion. Mr. Parr made a motion to recommend
approval of the request for a variance under PB -92 -020. Seconded
by Mr. Eisenhart.
Mr. Lef ley offerred an amendment that a condition of approval be the
submission of a. recordable restrictive covenant limiting the signs
to two for the subject property.
Mr. Parr withdrew his original motion, Mr. Eisenhart withdrew his
second. Mr. Parr made a new motion recommending approval of the
request for a variance under PB -92 -020 with the restrictive
covenant running with the land restricting to
35 two signs with
maximum ' square footage each.
Following continued discussion, Mr. Parr clarified the motion and
offered . one. Mr. Parr's motion is
the request "to recommend approval of
for a variance made under PB -92 -020 with a restrictive
covenant iunnincf with the land allowing two not more than 35 square
feet of signs on a single',pole. Seconded by Ms. Thorner.
Vote: Approved: 5
Opposed.: 1
(Gutierrez)
PB--92 -020
Staff Report for PB -92 -025
Applicant: David Hill
Request: variance to allow two signs of 35 square feet each on property
located below, where one sign per lot, not to exceed thirty-
five (35) square feet in area is allowed, per § 20 -4.3 (I)(3)
(a) of the Lund Development Code.
Legal: That part of the Southeast 4 of the Southwest 4 of the
Northwest 4 of Section 36, Township 54 South, Range 40 East
described as follows:
For point of beginning, begin at the Point of Intersection
of the East line of the said Southeast 4 of Southwest 4 of
Northwest 4 and the East, line of U.S. Highway No. 1, for a
distance of 182.36 feet; thence go Southwesterly at a right
angle to U.S. Highway No. 1, for a distance of 175.00 feet to
a point; thence go Northeasterly parallel to U.S. Highway No.
1, for a distance of 35.55 feet to the east line of said
Southeast 4 of Southwest 4 of Northwest '-4; thence go North
along the East line of said Southeast 4 of Southwest 4 of
Northwest 4 a distance of 228.43 feet to a Point of Beginning.
Location: 6400 S. Dixie Highway, South Miami, Florida 33143
(A Commercial property)
ANALYSIS
The applicant wishes to add one more sign (total of two) on the
property to identify two individual businesses located on the property.
The applicant still maintains the original business, the radiator
shop, in the rear of the property; the major part of the property is
leased to the tire center (in the front of property)
RECOMMENDATION
Staff does not recommend approval.
PB -92 -020
Hill: 6400 -6410 S. Dixie Hwy.
Page 1
tter of Intent and Hardsh! Statement by APPLICANT
May 27, 1992
Public Planning Board
City of South Miami
6130 Sunset Drive
South Miami, FL 23143
RE: Hardship - Ei400 & 6410 South Dixie Hwy
To The Planning Board:
As owner of the property for over 30 years, I have owned and
operated this property as an automotive .enter and due to economu:
hard times I am pleading to have a 35 aq ft sign erected on the same
pole as another 5 sq f.t sign that had 1 permit issued far. Due t,_
bad times I had to split the radiator business and lease a major part
of the property with a tire company. We maintain the radiator
business in the rear adjoining building to the tire center.
Years ago the same pole had 2 signs approximately SU sq ft. We would
like to take I sign down and replace it with 2 signer advertising t:!" e
tire Qompany and advertise the radiator shop. We hlavo 132 front
footage on US1, without a sign at least 35 sq ft it would be hard for
the radiator shop to do business. US1 advertising is very expensive
and we couldn ?t afford to advertise to stay in business. We are
asking for a 35 sq ft sign to be. approved.
Sincer ly,
David Hill
Owner of South Miami Radiator
PB -92 -020 Hill: 6400 -6410 S. Dixie Hwy.- Page 3
V '
Copy o` :urgent survey (Part 1)
SKETCH OF SURVEY
SCALE I IN 20 FT
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ABBREVIATIONS
ICI Calculated
C.B. Col.,,.00In
CL Clear
C.L.F. Chain Link ?once
C.L.P. Caner %: Light Pole
come Coneret
D.M. Drill Hole
FRO Pound
O.U.L. Overhead Utility Line
k Property 61 no
R/N Right -ot -May
S.6. southern. sell Manhole
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4
— Prepared for David will
Property Address 6100 S. Dixie Highway.
Miami. Florida 33113
Dell Of yield Mork January 10. 1112
J ob, Number 91.003.
SURVEYOR'S ROM
Legal Descrlptlon provided by owner:
A:1 beer lops .art based on. the bearing of the centerline -' of
5. Clxle Ili -1 be lot 11 1!•16']7" 2 so shown on Florida
Dopartmenc -of Transportation Rlgnt -ot -way Map INO. 6703 -2091.
this Property lies within N►SP flood Zone "At -, as shown on
M ►IF Map ,125016- 216 -►. dated 3.3- 01- Lf67.' ■sae Flood tlevatlon •
10.00, NOVD.'
Underground structures. It any, not least".
PB -92 -020
�v 1 ,
Ct
ald
Hill: 6400 -6410 S. Dixie Hwy.
Page 4
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Hill: 6400 -6410 S. Dixie Hwy.
Page 4
RESOLUTION NO.. .__._.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI -, FLORIDA DENYING AN APPEAL FROM
THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD BY
DORPHIL SWIMMING POOL SUPPLIES WITH REGARD TO
INSTALLATION OF NINE ADDITIONAL TANKS FOR THE PROPERTY
COMMONLY KNOWN AS 7500 S.W. 61 AVENUE, SOUTH MIAMI,
FLORIDA 33143
WHEREAS, on July 7, 1992, the Environmental Review and
Preuervatiun Board of the City of South Miami voted 4 - 0 to
recommend denial of installation of nine additional tanks for
the Dorphil Swimming Pool Supplies for the property commonly
known as 7500 S.W. 61 Avenue, South Miami, Florida 33143; and
WHEREAS, Dorphil Swimming Supplies appealed that decision
to the South Miami. City Commission, which Appeal has now been
heard -
NOW, THRRFFORF, BE TT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Sect.,on 1,._ That the Appeal by Dorphil Swimming Pool
Supplies from a decision by the Environmental Review and
Preservation Board of the City of South Miami on July 7, 1992 to
recommend the denial of the installation of nine additional
tanks for the property commonly known as 7500 S.W. 61. Avenue
South Miami, Florida 33143 be, and the same hereby is, denied.
PASSED AND ADOPTED this ,,,,.,,,_day of August, 1992.
APPROVED;
MAYOR..__....._..
ATTEST:
CITY ChEtt'K ` - _... _. "
READ AND APPROVED AS TO FORM:
CITY ATTORNFY� �
t
TELEPHONES:
(305) 888.2623 DADE
(305) 525.1758 BROWARD
FAX: (305)885.4671
Allied Universal Corporation
MAIN OFFICE
8350 N.W. 93RD STREET
MIAMI. FLORIDA 33166.2098
August 5, 1992
City of South Miami
City Commission
6130 Sunset Drive
S. Miami, FL
RE: E.R.P.B. Appeal - Dorphil Swimming Pool Supplies
Commission Meeting Agenda
Gentlemen:
PLANTS
MIAMI, LEESBURG ✓!k
FT. PIERCE. FLA.
BRUNSWICK 6 RANGER. GA.
S. KEARNY, N.J.
Per our meeting the night of August 4, 1992, we came to you to
present additional information as to why the City Commission should
vote to allow Dorphil Swimming Pool Supplies to have additional
bleach tanks on their property.
1) All tanks are centrally located, and not spread out. All can
be seen on visual inspection by Dorphil and our delivery
personnel.
2) Product is bleach, (not chlorine), Sodium Hypochlorite, 10 %.
3) Product is similar in nature to household bleach, i.e.,
clorox.
4) Product is used primarily for swimming pools and water
purification.
5) Product is not combustible, or flammable.
6) Dorphil Co., has trained personnel for the supervision of
dispensing the bleach to their customers.
7) All tanks will be secured by containment reservoirs. These
containments are there should in the remote chance a tank
leaks, all spills are captured and does not leave the
containment area.
8) All tank construction and containment walls meet all EPA
requirements for State, Federal and Dade County ordinances.
9) All tanks and containment walls will be further secured by a
canopy, fenced in area, under lock and key, and does not show
to drivers on the streets.
10) Allied Universal, as the supplier of bleach to Dorphil, has
been operating for more than 35 years throughout Dade County,
and the rest of the State of Florida. We have a solid history
of service and safety in the industry. We are suppliers to
many of the Dade County Government and Municipalities for
these same bleach products.
Page 2
Thank you once again for the opportunity to bring these points to
the Commissions attention.
ED NIV£RSAL CORPORATION
Nor an Stof ky
Ad inistrative Sal s Manager
/c8
cc: Renee Diaz - Everglades Construction
Dorphil Co.
Brook Smith
Robert Namoff ✓
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH RACHLIN AND
COHEN, CERTIFIED PUBLIC ACCOUNTANTS, TO PROVIDE
INDEPENDENT AUDIT SERVICES FOR FISCAL YEARS ENDING
SEPTEMBER 30, 1992, 1993, AND 1999
WHEREAS, Article IV, Section 3 "E of the City Chartez of
South Miami requires the City Commission to designate a qualified
independent Certified Public Accountant to review, examine and
report nn all City fiscal matters; and
WHEREAS, the firm of Rachlin and Cohen, independent
Certified Public Accountants, have heretofore rendered excellent
independent auditing services to the City of South Miami; and
WHEREAS, the City Manager therefore recommends the renewal
of the auditing contract with Rachlin and Cohen as in the best
interests of 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 Manager be, and hereby is,
authorized to execute the attached contract, which is made a part
of this Resolution, with Rachlin and Cohen for independent
auditing services for the fiscal years ending September 30, 1992,
1993, and 1994.
ftct_on 2. pursuant to the aforesaid contract, the fee for
each fiscal year described in section 1 will not exceed $ 27,500.
Section 3. Upon the recommendation of the City Manager and
approval by the City Commission, the independent auditors'
contract with Rachlin and Cohen may be extended in future fiscal
years.
PASSED AND ADOPTED this
nth day of September, 1992,
APPROVED:
MAYOR _
ATTEST
CITY
READ AND APPROVED AS m0 FORM:
CITY ATTORNEY
• - + 04 %®3/92 15158 S 6644591 CITY SOUTH MIAMI P,04
RACHLIN & COHEN
CEILTIFISO Pusuc Ao ouNTAN,m & Cousui- i'AN7m
A Peat sump or AratowNAL Aw=Ab*w%
1320 80trt" DIXIE N IOHWAV 10D 900 NCAXT TKIND AV6NUt
PtWoollu 6un-t 400
CoxAL GABY zo, Fwwo.33146 -19M Pr, LAuatRD" FL=DA 33316.1102
TtLEM40N691 DA D9 (305) 667.0412 TeLSPH"t ba wARad305) 764.7717
BomARa (305) 764.7717 Nis (305) 667.0412
FAXi (305) 665.7456 FAX', W) 764.7535
Honorable Mayor and Members of the City Commission
City of South Miami
It is the purpose of this letter to submit for your consideration an understand-
ing of our engagement for the performance of the audit of the Cotaprehensive
Annual Financial statements of the City of South Miami for the year ending
September 30,;1992, 1993 and 1994,
Out firm will audit the comprehensive annual financial statements as of September
30, 1992, 1993 and 1994 and for the years then ending. These comprehensive
annual financial statements will be the responsibility of the City. Our
responsibility will be to express an opinion on these financial statements based
on our audit.
Our audit will be rude in accordance with generally accepted_ auditing standards
and Government Auditing Standards issued by the Comptroller General of the United
States and will include such tests of the accounting records and such other
auditing procedures as we consider necessary in the circumstances, for the
purpose of rendering an opinion on the aforementioned financial statements.
Our engagement should not be (relied upon to disclose errors, irregularities or
illegal acts, including fraud or defalcations, that may exist. However, we will
inform you of any matters that come to our attention which cause us to believe
that such a condition may exist.
In addition, we will be available, at the City Manager's request, for consulta-
tion regarding the City's budget and other matters.
Our fees for the services we provide will be charged to you in accordance with
the various services rendered and the levels of skill and responsibility required
for these services, but will not exceed $27,500 for each year. If a single audit
or audits are required it any of the years covered by this letter, additional
fees could range from $2,500 - $4,000 each year depending on the specific
requirements of the single audit.
These fees do not include printing costs and any other out of pocket costs
Necessary for the preparation of annual filing,
These fees have been proposed on the assumption that the City will continue to
employ competent accounting personnel, prepare all workpapers requested by the
auditors, and proper* the comprehensive annual financial statements.- Should a
change in personnel require us to spend extra time in training your people or in
otherwise' performing our services, and an extension of our services therefore
appear to be required, we would consult with you concerning such possible
extension of our services and any resulting increase in our feea.
WmKA oY Ntt>l1MTWmLAWMIAM I-C N1TN offlat tx PML \YVAL GRID T"=,GN0t9•?K WOAL6,
N1996tR Al 1 Mm AMFRIC4 "71?L-M tv CrAT)F1co PIIK G A0=%-r4,%-M Divalox 1 n $9C PuACTICt• Sears x A!vCioE Psow -k cowwtu PR m4s $LcTm-
MsNAtA nr swr F1 M1n� IvRrM �n nr• 11er+�nrn D� •�„r ern.« �.•... -,M
''� @li83i92 16sO2 $ 6564391
Honorable Mayor and Members of the City Commission
Page Two
CITY SOUTH MIAMI P.01
Should services other than those covered by this letter be required or requested,
the extent of such services and the basis for additional fees will be discussed
In advance of the perfvrmohos of tbo work.
If this letter contains a correct understanding of our arrangements, plans*
indicate your acceptance by sighing, dating and returning an enclosed copy to us.
Sincerely,
August 24, 1992 J.d,064047 r Chiocca, CPA, P.A.
CJC': ldl
Rnclosurs
ACCEPTED BY:
NAME
TITLE
DATE
1992 -09 -03 16:02
PAGE m 01
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING, THE
EXPENDITURE BY THE CITY MANAGER OF A SUM NOT TO EXCEED
S 1,500.00 FOR DEMOLITION OF 'THE PREMISES COMMONLY
KNOWN AS -5978 S. W. 66 STREET, SOUTH MIAMI, FLORIDA
33143, WHICH PREMISES WERE RENDERED UNINHABITABLE BY
HURRICANE ANDREW AND - CHARGING THE DISBURSEMENT TO
ACCOUNT NO. 2100 -5510 "CONTINGENCY FUND"
WHEREAS, in the early morning hours of Monday, August 24,
1992, Hurricane Andrew, a category four hurricane, came through
Dade County, Florida, including the City of South Miami, causing
consequent major damage to roads, utilities, communications, and
property, including specifically the -premises commonly known as
5978 S. W. 66 Street, South Miami, Florida; and
WHEREAS, the Building and Zoning Department has now
certified the aforesaid premises as uninhabitable and recommended
their immediate demolition to avoid danger to human life;; and
WHEREAS, the Federal Emergency Management Agency (FEMA)
engineer has indicated the aforesaid demolition expenses will be
reimbursed by FEMA to the City of South Miami;
NOW, THEREFORE, BE IT RESOLVED BY, THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and hereby is,
authorized to expend a sum not to exceed $ 1,500.00 for the
demolition of the premises commonly known as 5978 S. W. 66
Street, South Miami, Florida rendered uninhabitable by Hurricane
Andrew to avoid danger to human life.
Section 2. That the disbursement be charged to account no.
2100 -5510 " Contingency Fund ",
Section 3. That the City Manager shall pursue the
reimbursement of the aforesaid disbursement from the Federal
Emergency Management Agency (FEMA) and hereby is < authorized -to
execute such forms as are required by FEMA; for obtaining such
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
•
RESOLUTION NO.
A RESOLUTION OF THE. _MAYOR _AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF S1,100.00 TO A.P. PAVING
COMPANY, FINAL PAYMENT FOR RESURFACING AND DRAINAGE OF
COMMERCE LANE AND PROVIDING DISBURSEMENT FROM ACCOUNT
NUMBER: 1730- 4640: PUBLIC WORKS DEPARTMENT "MAINTENANCE
AND REPAIRS STREETS."
WHEREAS, pursuant to the 1991 -92 Budget of the City of
South Miami, the Administration of the City was authorized to
obtain bids pursuant to Article III, Section 5 H of the City
Charter for the resurfacing and drainage work on Commerce Lane:
and
WHEREAS, on April 7, 1992 the City Commission passed
Resolution No. 43 -92 -9249 which authorized a purchase order to
A.P. Paving Company, the lowest qualified bidder, in the amount
not to exceed $19,500 for the drainage and resurfacing of
Commerce Lane: and
WHEREAS, due to changes in field conditions and
irregularities in the existing asphalt surface, a leveling course
was required prior to placing the Type S -1 asphalt overlay,
thereby increasing, the original proposal amount by .$2,100.00;
and
WHEREAS, high exfiltration rates allowed a 15" French
drain instead of the projected 24" French drain, thus obtaining
credits of $500.00 for the drain and $512.00 for saw cutting,
both the extra costs and credits detailed in the attached
engineering consultant's report;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and hereby is,
authorized to disburse an 'amount not to exceed $1,100 to A. P.
Paving Company.
Section 2. That the disbursement of $1,100.00 be
charged to account number 1730 -4640; "Public Works Department,
Maintenance and Repairs- Streets."
PASSED AND ADOPTED this - day of September 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
City of South Miami
INTER - OFFICE MEMORANDUM
ro: City Manager Hampton DATE` August 11, 1992
'ROM'
P.W. Director Christie SUBJECT; A.P. Paving (Commerce Lane)
Increases and decreases to
original proposal
Below please find the necessary information to be place on the next
commission agenda, increases to the original proposal for the drainage
improvements and street resurfacing of Commerce Lane.
Item: Type _S -1 Asphalt 70 Tons
Account: 1730 -4640
Cost: $1100.00
Vendor: A.P. Paving Co.
Contact: Joe Ortega, President
P.O. Box 557607
Miami, Florida 33255 378 -8786 / 342 -3323
* * ** See attached D
AUG1r19�
CITY MANAGER'S OFFICE
T
C.A.P. Engineering Consultants, inc.
June 15,,, 1992
,I
Mr. William F. Hampton, City-Manager
City, of,•South Miami-
6130 Sunset« Drive
South-Miami-,'.Florida 33143 Yin-Paz
'Re: Final Payment Request for the Drainage improvements and Street
Resurfacing of, Commerce Lane - City of South Xiami
Dear Mr. Hampton:
This letter is to conf irm the transmittal of the Final Payment Request
from A. P. Paving Co. ,• Contractor for the above referenced project.
We have listed below the original Proposal including
the estimated
quantities. for each of the Atems as follows:
Description. ., Quantity ynit Price
Clearing;and.Grubbing
Total
$ 1,875.00
Mobilization
$ 750:00
Type 6-1 Overlay 2,000 S.Y. $ • 2.25
$ 41500400
Tack Coat 2,000 S.Y. $ 0.25
$ 500.00
24" French.'Dra n ,.125 L.F. *, $ 45.00
$ 5,625.00
.15" C.A.P.- 40 L.F. $ 25.00
$ 11,000.00'
Saw Cutting
$ 850.00
Survey .. _
$ 900.00
Final Clean-Up
$ 500.00
Catch Basins 3 Ea. $1,000.00
$ 3,000.00'.
TOTAL:
$1 0. .. 00'f :
We made changes based on f ield conditions and together with the Public
Works Department:, performed inspections to determine the actual
quantities toi,this work.
In the Final Payment Request referenced above there are.sbme
increases
and decreases to the original Proposal, as follows:
Unit'Prigg
Diffem=
Description Quantity
15" lrench•Drain * 125 L.v. $ 41.00
Tot.
$ (500.00)
saw cutting *
$ (500.00)
Type 8 -1 Asphalt * ** 70 Tons $ 30.00
$ 2,100.00
• ADDITICNAL SUX:
$ 11100.00
i
4848 S.W. 74th Court Miami, Florida 33155 (305) 667 -8484 Fax (305)
667.8539
A.P.PAV1jG,, 3786796
AA PAVINO,Os
"taming contractors
P.O. wit d5TOQ7'
jJNWW, FL 33205
Oft. 37"780
Can $42-3323
C.A.P. ENGINEERING CONSULTANTS•INC.
4848 S.W. 74th CT.
Miami* Pla. 33155
Attnl,Carlos Penin P.S.
Rdferj Commerce tane-Ifinal Bill
V
Dear Cailost
Enclosed herewith is a copy of our origi'nal
proposal for the Commerce Lane Paving and Drainage an re-
ference for our final Bill.
Below you will find a breakdown of the actual
quanyitJes installed with there respective un&t prices
and tot;.ls.
A)Clearing and Grubbingestooseetot000e**$Il875#00
750.00
C)20000 S.Y. of Type S Overlay 6$2.25/SY$4,500-00
D)6,000 S.Y. of Tack Coat 0 0-.25/S.Y .... $ 500.00
R)125 L.P. of ISO F.D. 0$41-00/L.F ...... $5,125.00
F)40 T.J' of 15°" C.A.P. 9 $25.00/L.P....$1,000.00
G)Saw Cuiting... 350.00
Viaal C:.ean
H)Catch Ra:zins 3 each @-$1000.00/oa ..... $3,000.00
kzphalt:.c overrub of 70 tons 0 1 $30/ton..$2,100.00
Total Wount of Final Sill ..............$20,600.00
The total amount of our final bill.to the city
is reflucted above.Should you have any questionseplease
call at your convinionce.
S to* 0
R
fle
alit
s i
Y
I
,une 15, 1.992
Mr. William F. Hampton
Re: Final Payment Request for the Drainage improvements and street
Resurfacing of Commerce Lane City Of south Miami
Page Two
* 15" French Drain was substituted for 24" French Drain since We
discovered that the subsoil conditions Were favorable to high
eufiltration rates. Total credit $500:00
** The saw Cutting item Was reduced due to the placement of the
French Drain. Total Credit $500.00
* ** Due to the irregularities in the existing asphalt surface, a
Leveling Course Was required prior to placing the Type s -1
Asphalt overlay. The largest area affected Was the extreme
South portion of the project. Total Cost $2,100600
The Contractor has completed all of the Contract Items but has yet to
take care of the Punch List Items. We will be meeting with the
Contractor and the Public Works Department on June "18, 1992 to do a
'Walk Through' of the project. 'The Punch List includes miscellaneous
items that need to be corrected.
I' believe that a retainer of Five (5%) Percent of the Total Contract
Amount will more than cover, the cost of the pending repairs. I
therefore hereby recommend app
goval'tof° payment of; Eighteen. Thousand
Five.,Hundred;;Forty ; (18,;,540; 00��•�'oi'arsxto 'A: P. Paviriq Co.
If you have any questions or'need additional information regarding
this matter,,please contact as at your earliest convenience.
Very truly yours,
d.A.P Engineer
in onsultantsIc Inc.-
Carlos A. Penin, P.E.
City Engineer n ,
CAP /im
200610WH.LTR
cc: Charles.B.;.�Christie,.
t
J
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, PURSUANT TO SECTION 2 -2.1
(A') OF THE CODE OF ORDINANCES, THE REGULAR
KEETTNO FOR THE FIRST TUESDAY -.OF OCTOBER? OCTOBER 6,
1992, TO OCTOBER S, 1992
WHEREAS, Section 1 -1.1 (A) of the Code of Ordinances of the
City of South Miami provides, in relevant part:
The city commission shall hold regular meetings at
7,:30 p.m. on the first and third Tuesday of each month
When the day set of any regular meeting falls on a day designated by law as a legal, public,
national, or religious holiday, such meeting shall be
held on the next succeeding day following such holiday,
Regular meetings may be otherwise postponed, cancelled,
or reset only by resolution adopted at a' regular
=acting of a majority 'of the entire membership of the
commission.
; and
WHEREAS, the Mayor and City Commission are aware that the
regular meeting for the first Tuesday of October, October 6,
1992, coincides With Yom Kippur, the most solemn religious
holiday of the Jewish faith, and therefore wish to respect such
date by resetting- the meeting date to Monday; October 5, 1992.
NOW, THEREFORE, BE IT RESOLVED SY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
section That, by this Resolution adopted at a regular
meeting of a maJor)ty of the entire membership of the commission,
the regular Commission meeting for the first Tuesday of October,
on October 6, be, and hereby, is re -set - Monday, October - S, 1992.
PASSED AND ADOPTED this _,th day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
APPROVED:
MAYOR
1992.
^ 5 r
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ABANDONING ALLEYS LEGALLY
DESCRIBED HEREIN`BELOW; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission has the power to vacate,
abandon, discontinue and close and existing public or private
street, alley -way, road, highway or other place used for travel
or any portion thereof, other than a state or federal highway,
and to renounce and discluim any right of the City and the public
in and to any land in connection therewith; and
WHEREAS, the Administration has recommended the vacating of
those alleyways set forth in the attached Exhibit "A ", as the
said alleys presently serve no public purpose to the City and
will, upon their reversion to the adjacent property owners,
constitute additional ad valorem tax revenues to the City; and
WHEREAS, therefore, on July 28, 1992, a public hearing was
set for September 1, 1992 at 7:30 P.M. or as soon thereafter as
may be heard and notice thereof was published in a newspaper of
general circulation in Dade County at least two weeks prior to
the date stated therein for such hearing; and
MHERAS, the City Commission has now completed the public
hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
SOCtio_ _ n I. That the following alleys, as set forth in the
attached Exhibit "A", within the City of South Miami- be, and the
same hereby are, abandoned, renounced, and disclaimed by the City
of South Miami and shall, pursuant to the plats creating those
alleys, revert to the ownership of the immediately a4locent
properties.
82ctl on--2. Notice of the adoption of this Ordinance by the
Commission shall be published one time, within 30 days following
its adoption, in one issue of a nwwspaper =of general circulation
I�
1 .
published in Dade County. The proof of publication of notice of
public heating, the Ordinance as adopted, and the proof of
publication of the notice of the adoption of such Ordinance shall
be recorded in the dead records of Dade', County.
section 3. 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 4, All Ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this „ tfi day of September, 1992,
ATTESTS.
CITY CLERK
READ AND APPROVED U TO FORM:
CITY ATTORNEY
-
APPROVED:
MAYOR
2
AN ORDINANCE OF THE CITY OF
AMENDING SECTION 20 -3.3 (D)
CODE OF THE CITY OF SOUTH M
DELETE "GR" FROM "WHOLESALE
PROVIDING FOR SEVERABILITY,
AN EFFECTIVE DATE
SOUTH MIAMI, FLORIDA,
OF THE LAND DEVELOPMENT
IAMI, FLORIDA BY DELETING
SALES '& STORAGE ";
ORDINANCES IN CONFLICT, AND
WHEREAS, the City of South Miami, Florida has heretofore
enacted, as a part of its Land Development Code, Section 20 -3.3
(D) entitled "Permitted Use Schedule ", and which currently
Permits "Wholesale Sales & Storage" in both the general retail
"GR" and 'industrial "I" zoning districts; and
WHEREAS, the Mayor and City Commission believe the continued
use of wholesale sales and storage in the general retail "GR"
zoning districts in not in accord with the concept for the GR
district and therefore wish to amend the Land Development Code
accordingly;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -3.3 (D) of the Land Development
Code of the City of South Miami, Florida be, and hereby is,
amended to read as follows:
C P
ZONING DISTRICTS 0 A
N R
R L M N S G I H D K
0 0 O R R R S G
Wholesale Sales
& Storage P 13
Section 2. 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 3. All Ordinances or parts of Ordinances in
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of , 1992.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
F�
* a
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE SALE OF A
PORTION OF SOUTH MIAMI FIELD LEGALLY DESCRIBED HEREIN -
BELOW TO THE DADE COUNTY SCHOOL BOARD FOR THE SUM OF
$ 183,750__00 UPON THE BASIS THAT THE SAID LAND IS NOT
PRESENTLY SERVING ANY PUBLIC PURPOSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida is the owner of
the premises commonly known as South Miami Field, generally
described as that land adjoining South Miami Middle School and
thus being West and North of the intersection of Southwest 60th
Street and Southwest 67th Avenue (a /k /a Ludlum Road) legally
described hereinbelow and hereinafter called the "premises "; and
WHEREAS, the Dade County School Board has had an agreement
with the City of South Miami whereby Lhe School Board utilized
South Miami Field for School Board purposes during school hours
and the City of South Miami utilized the Field for municipal,
purposes, primarily recreation, during non- school hours; and
WHEREAS, thereafter the School Board installed on the
premises the structures commonly known as "portables ", which are
in fact buildings permanently affixed to foundations from the
time they are first transported to, and installed upon, the
premises; and
WHEREAS, as a result, the City of South Miami thereafter
could not utilize the premises and the premises therefore served
no public purpose; and
WHEREAS, it would therefore be equitable that the School
Board purchase the premises at fair market value, thus resolving
the exclusive use of the premises by the school Board;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
r
1
* d
Commence at the Nnrtheast Corner of the Northwest 1/4
of the Southeast 1/4 of the Northeast 1/4 of Section
26, Township 54 South, Range 40 East, Dade County,
Florida; thence run South 00 *24113" East 25 feet to
the Point of Beginning of the Tract of land herein
described; thence continue South 00 *24113" East 224.85
Feet; thence- run South 89 *55127" West 250.00 feet;
thence run North 00 *24113" West 224.85 feet; thence run
North 89 *55 +27 11 'East 250.00 to the Point of Beginning.
for the sum of $ 183,750.00. Said premises to be sold "as is ",
with no Warranties.
Section 2. 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 3. All. Ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of October, 1992.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
t 3
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,, FLORIDA DENYING A REQUEST FOR A
SPECIAL USE PERMIT TO ALLOW A "MOBILE AUTOMOBILE
WASH /WAX SERVICE' USE IN THE LO, M0, NR, CR, I AND H
DISTRICTS PURSUANT TO SECTION 20 -3.9 (B)(20) OF THE
LAND DEVELOPMENT CODE BY ALVARO TELLEZ FROM THE
PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA
WHEREAS, Alvaro Tellez requested the Planning Board
of the Gity of South Miami for a Specidl Use Permit to allow
"Mobile Automobile Wash /Wax Service" use in the L0, MO, NR GR 'I
and H Districts pursuant to Section 20-3.4 (B)(20) of Land
Development Code of the City of South Miami, Florida; and
WHEREAS, the City Commission Staff Report recommended
approval of the request;
WHEREAS, on June 9, 1992, the Planning Board voted to
recommend denial of the request by a 4 - 1 vote; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section_;_ That the request of Alvaro Tellez for
a Special Use Permit to allow "Mobile Automobile Wash /Wax
Service" use in the LO, MO, NR, GR, I and H Districts pursuant to
Section 20 -3.4 (B)(20) of hand Development Code of the City of
South Miami, Florida be, and the same hereby is, denied.
PASSED AND ADOPTED this th day of August, 1992.
APPROVED:
MAYOR � - -- - - -- -_. _ - --
ATTEST:
C2TY CLERK.
READ AND APPROVED AS TO FORM:
CITY A iTORNEY -
9 t id
C. P33-92 °022
Applicant: Alvaro Tellez
Request Special Use Permit to allow •Mobile Automobile
Wash/Wax Service" use in the LO, MO, NR, GR, I and
H Districts per § 20 -3.4 (B)(20) of the Land
Development Code.
Ms. Wright read the request. Planner Mackey reported that a
special use permit is required for the applicant to operate a
mobile automobile wash /wax service. Some of the building tenants
at 5975 Sunset Drive raised money to make this application as is
noted in the attached letter from the applicant. The requirements
that govern this use were explained to the applicant by an
interpreter and so 'long as those are adhered to, Staff recommends
approval.
Chairman deemed public hearing opened and asked for those wishing
to speak for this application.
Alvaro Tellez signed in and explained the reasons for his request.
He also has customers at 5979 Sunset Drive. Mr. Tellez stated in
his letter that he uses no detergents or de- greasers. He stated
that he uses special products for car washing. He will be
operating in the front parking garage.
There being no one else to speak for nor any one to speak against
this request, public hearing was deemed closed.
Chairman Gutierrez declared the Board to be in executive session.
Ms. Thorner asked how staff can recommend approval of this request
when chemicals are used and there is "run-off". Ms. Lama reported-
that it is assumed that the applicant intends to meet the
conditions under which this request is granted and the City will
do its best to enforce the requirements.
Mr. Ligammare stated his disapproval of mobile car washes
altogether as being unsightly; debris is left; it effects adjoining
cars and their owners. Mr. Gutierrez understands Mr. Ligammare's
opinion but feels that there is a place for a mobile wash and it
is needed for some people. His problem is with the ordinance
itself. It should have a restriction that the work cannot be seen
from the ROW.
Ms. Wright moved to approve the request. Motion dies for lack of
second.
Ms. Thorner moved to deny the application. Seconded by Mr. Lef ley.
Vote: Denial approved: 4 Opposed: 1
(Wright)
Staff Report for PB -92 -022
P B— 9 2 — 0 2 2
Applicant: Alvaro Tellez
Request: Special Use Permit to allow "Mobile Automobile Wash/Wax
Service" use in the LO, MO, NR, GR, I and H Districts per
§ 20 -3.4 (B)(20) of the Land Development Code.
The applicant wishes to operate a "Mobile Automobile Wash/Wax Service"
which is permitted by Special Use in the LO, MO; NR, GR, I and H Districts.
The conditions are included here for your information.
§ 20 -3.4 (B)(20)
MOBILE AUTOMOBILE WASH/WAX SERVICE
(a) No mobile service vendor shall station itself upon any public
street or right -of -way. Neither shall any mobile service vendor
station itself upon any private property except with the express
permission of the owner thereof and in a manner which does not
impede the :.flow of traffic in public streets or rights -of -way not
block pedestrian access to public streets or rights -of -way.
(b) All mobile service vendors must provide for their own trash anc
garbage removal_ such that no trash or garbage remains on the
premises upon which the vending was conducted.
(c) No mobile service vendor shall remain in any one site longer than
sixty (60) minutes.
(d) Mobile service vendors must operate from four- wheel motorize(
vehicles registered in the State of Florida.
(e) No steam - cleaning, solvents, detergents and /or degreasers may b,
used.
(f) No run -off into catch basins is permitted.
(g) If soap is used, any run -off must be negligible and contained o
private property.
RECOMMENDATION
Staff recommends approval.
PB-92-022 Tellez Special Use Permit
Page 2 of
June 8, 1992
City Of South Miami
6130 Sunset Drive
South Miami Florida 33143
To Whom It May Concern:
Letter of Intent by APPLICANT
I am Alvaro Tellez, I operate a mobile car washing business I am
requesting permission to obtain a license to operate my business at the
Sunset Station Plaza Building located at 5975 Sunset Drive.
I have spoken with the owners of the building and they express a need
for the services that I am able to render to their clients. It has been
stated that if I may obtain a license that I can operate inside their
building. i would also like to inform you that I meet all the requiremetns
stated on the code sheet enclosed.
I operate my business by the tenants requesting that I wash and wax
their cars. I have not had any problems with anyone that I have previously
render services. The tenants are completely satisfied and they have no
complaints.
This business I render is my livelyhood and provides food and shelter
for my family. If I cannot operate it, then I cannot care for my family.
Please consider my situation upon granting my request for this license.
Your kindness and consideration will be greatly appreciated.
I would like to take this time and thank you in advance for your conside-
ration and time.
Sincerely,
Alvaro Tellez
PB -92 -022 Tellez Special Use Permit Page 4 of 6
J
® J
June 8, 1992
City Of South Miami
6130 Sunset Drive
South Miami Florida 33143
To Whom It May Concern:
Letter of Intent by APPLICANT
I am Alvaro Tellez, I operate a mobile car washing business I am
requesting permission to obtain a license to operate my business at the
Sunset Station Plaza Building located at 5975 Sunset Drive.
I have spoken with the owners of the building and they express a need
for the services that I am able to render to their clients. It has been
stated that if I may obtain a license that I can operate inside their
building. i would also like to inform you that I meet all the requiremetns
stated on the code sheet enclosed.
I operate my business by the tenants requesting that I wash and wax
their cars. I have not had any problems with anyone that I have previously
render services. The tenants are completely satisfied and they have no
complaints.
This business I render is my livelyhood and provides food and shelter
for my family. If I cannot operate it, then I cannot care for my family.
Please consider my situation upon granting my request for this license.
Your kindness and consideration will be greatly appreciated.
I would like to take this time and thank you in advance for your conside-
ration and time.
Sincerely,
Alvaro Tellez
PB -92 -022 Tellez Special Use Permit Page 4 of 6
Letter from one property owner
StOWOFIC N.V.
June 9, 1992
City Of South Miami
6130 Sunset Drive
South Miami Fla 33143
To Whom It May Concern:
Please be informed that Stortford N.V.., as owner of the Sunset
Station Plaza Building located at 5975 Sunset Drive., South
Miami; hereby authorizes Alvaro Tellez to operate mobile Car
Washing operations in the premises.
Very Truly Yours,
Juan Couret
Vice — President
5975 SUNSET DRIVE / SUITE 801 / MIAMI, FLORIDA 33143 1 TEL: (305) 662.6637