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04-18-89.rz OFFICIAL AGENDA CITY OF SOUTH MiAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING APRIL 18TH, 1989 7:30 P.M. A. Invocation Next Resolution: 37 -89 -8017 Next Ordinance: 9 -89 -1422 Next Commission Meeting: May 2nd, 1989 B. Pledge of Allegiance to the Flag of the United States of America C. Presentations by Mayor Porter D. P.B.A. Presentation E. Items for Commission Consideration: 1) Approval of Minutes of April 4th, 1989, Regular City Commission meeting 2) City Manager's Report 3) City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: none RESOLUTIONS FOR PUBLIC HEARING: 4. A Resolution amending the City`s Pay Plan for all non - collective 4/5 bargaining employees by adopting the Consultant- recommended Plan. j9L k#Coymissioner McCann) 5. A Resolution authorizing the City Manager to implement three (3%) 4/5 percent across -the -board pay increases for all non collective bargaining employees excluding Department Heads and amending the City's Pay Plan in accord with these increases. (Administration) 6. A Resolution granting a variance to allow a rear setback of 15.) 4/5 feet where fifteen feet is required and to grant a parting variance of six (6) spaces on'property' legally "described as the North 120.0 Feet of Lot 25 and the North 120.0 feet of Lot 26 of Amended Plat of Coopers Subdivision, according to the Plat thereof as recorded in Plat -Book 4 at page 152 of the Public Records of Dade County, Florida, A/K/A•5828 S.W. 71st Street,-South Miami Florida. (Olanning Board /Administration) RESOLUTIONS: Q r f I g C) V 7. A Resolution ratifying the agreement with James Duncan and Associates as Consultant to prepare revised Zoning Code in accord with the City's adopted Comprehensive Plan. � ( A ministration) 8. A Resolution approving the agreement for Audi or Services with Rachlin & Cohen. (Administration) ORDINANCES: 9. An Ordinance amending Section 6 -3 -7.01 of Article VI of Chaster 20 of the City's Code of Ordinances by permitting direct illumination of flat signs in C -2 and C -2R Downtown Commercial Districts. (Mayor Porter) - 10. An Ordinance amending Section 8A -5 of the City's Code of Ordinances addressing Lobbying by adding a new Section requiring that no Lobbyist, principal or any paid persons be permitted to speak to individual members of the City Commission prior to the Legislation or Administrative Action being brought to the Mayor and City Commission at a regularly scheduled meeting, special meeting or workshop; providing for a severa- bility and an effective date. (Cnmmireionor MrrAnnl 3/5 3/5 3/5 3/5 REGULAR CITY COMMISSION MEETING APRIL 18TH, 1989 PAGE 2 ORDINANCES CONT'D: 11. An Ordinance amending Ordinance No. 5 -88 -1300 which created a Local Government NeighborhoodImprovement District to be known as the South Miami Neighborhood Improvement District within an area containing approximately 1,552.4 acres bounded on the south by S.W. 88th Street, on the west by S.W. 69th Street, on the north by S.W. 40th Street and on the east by S.W. 57th Avenue, by specifically excluding those areas of incorporated Metropolitan Dade County situated within such borders. (Administration) REMARKS: -L'16 - Q _ POOL I. A Resolution denying an administrative appeal from a decision of the Administration regarding a building permit fine for property located at 7241 S.W. 63�rd��Avenue, South Miami, FL II.A Resolution denying an administrative appeal from as decision of the Administration regarding a buildng permit 'fine for property located at 7850 S.W. 67th Avenue, South Miami, FL DEFERRED AND /OR TABLED: An Ordinance amending Chapter 5 of the Code of Ordinances by creating Article 1I, entitled "Pit Bu1.1 Dogs" consisting of Section 5 -7, "Legislative Intent ", Section 5 -8, "'Definition of Pit Bull Dogs", Section 5 -9, Liability insurance or other evidence of Financial responsibility required to be maintained by owners of Pit Bull Dogs" Section 5 -10, "Confinement Pit Bull Dogs ", Section�� 5 -11, "Registration of Pit Bull Dogs ", Section 5 -12, "Enforcement "I Section 5 -13, "Notice of Keeping of Pit Bull Dogs ", Section 5 -14, "Penalties "; providing for severability, and an effective date. (Deferred CCM 4/4/89)(1) (Vise -Mayor Schwait) 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 test.�.ony and evidence upon which the appeal is based. 3/5 A' i 6 � r" REGULAR CITY COMMISSION MEETING APRIL 18TH, 1989 PAGE 2 ORDINANCES CONT'D: 11. An Ordinance amending Ordinance No. 5 -88 -1300 which created a Local Government NeighborhoodImprovement District to be known as the South Miami Neighborhood Improvement District within an area containing approximately 1,552.4 acres bounded on the south by S.W. 88th Street, on the west by S.W. 69th Street, on the north by S.W. 40th Street and on the east by S.W. 57th Avenue, by specifically excluding those areas of incorporated Metropolitan Dade County situated within such borders. (Administration) REMARKS: -L'16 - Q _ POOL I. A Resolution denying an administrative appeal from a decision of the Administration regarding a building permit fine for property located at 7241 S.W. 63�rd��Avenue, South Miami, FL II.A Resolution denying an administrative appeal from as decision of the Administration regarding a buildng permit 'fine for property located at 7850 S.W. 67th Avenue, South Miami, FL DEFERRED AND /OR TABLED: An Ordinance amending Chapter 5 of the Code of Ordinances by creating Article 1I, entitled "Pit Bu1.1 Dogs" consisting of Section 5 -7, "Legislative Intent ", Section 5 -8, "'Definition of Pit Bull Dogs", Section 5 -9, Liability insurance or other evidence of Financial responsibility required to be maintained by owners of Pit Bull Dogs" Section 5 -10, "Confinement Pit Bull Dogs ", Section�� 5 -11, "Registration of Pit Bull Dogs ", Section 5 -12, "Enforcement "I Section 5 -13, "Notice of Keeping of Pit Bull Dogs ", Section 5 -14, "Penalties "; providing for severability, and an effective date. (Deferred CCM 4/4/89)(1) (Vise -Mayor Schwait) 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 test.�.ony and evidence upon which the appeal is based. 3/5 a q � 7 i R RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AMENDING THE CITY'S PAY PLAN FOR ALL NON- COLLECTIVE BARGAINING EMPLOYEES BY ADOPTING THE CONSULTANT'S RECOMMENDED PLAN. WHEREAS, the City of South Miami has adopted a pay plan regarding salary levels for its employees; and WHEREAS, the City's consultant has recommended a new plan based on a salary study dated July, 1988. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City's current pay plan shall be amended for all non - collective bargaining employees, by the plan attached hereto as "Exhibit "1 ", effective PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm\payplanl.res �.1 p Cali t SALARY STUDY DEVELOPED FOR THE CITY OF SOUTH MIAMI, FLORIDA JULY 1988 Prepared by: Tom D. Womble Personnel Consultant SALARY STUDY Description of the Task The City of South Miami had a formal pay plan in existence before the consultant was employed. Each classification was assigned to a pay range in which steps between minimum and maximum rates were separated by five percent increments. The ranges, however, had no logical relationship and provided an inappropriate base on which to build a practical, proper, and realistic pay plan. For example, range 23, (supposedly a lower range) was higher than range 26. Table By attached as an exhibit to this report, shows existing ranges derived from the information furnished to the consultant. In examples analyzed, it was found that the differences between ranges varied from 3.6 percent to 10.5 percent. In addition to making proper pay recommendations difficult, if not impossible, the present ranges would be an administrative nightmare for the city in determining pay rates when employees are promoted, transferred, demoted, reallocated, etc. The consultant therefore proposes a completely new pay range table, Table A, copy of which is attached to this report. The recommended pay range table provides for a 5 percent difference between ranges and a 5 percent difference between steps in each range. Salary recommendations, as proposed for each classification, were developed in accordance with procedures described in the next section of this report. Pay Survey Procedures After the new and revised classifications were developed, as described in the Job Classification Study report, work was commenced on the Compensation Plan. The following cities were selected jointly by the administration and the consultant as suitable and representative for inclusion in the pay comparison survey: Coral Gables, Miami Springs, Miami Shores, Homestead, and Dania. Pay rate data was developed by obtaining pay rates for comparable work, not just be comparing job titles. This required discussion with representatives from each city used for comparison when ever there was any doubt as to the actual duties performed. On the attached salary comparison data pages, the job title used is shown below the rate if the title differs from South Miami's title. The following factors were used in making pay recammendations: current South Miami pay rates, rates paid by other cities, internal relationships among classes, and professional judgment. Pay recommendations were not made for the City Manager, City Attorney, or City Clerk because they are appointed by and are directly responsible to the City Commission. The Electrical and Plumbing/Mechanical Inspector are not included because they are contractual employees, and part time laborers in the Police Department are not included because of the unique nature of their positions. y t� 4 � i Y page -2- Pay Rate Recommendations A salary table and recam endations for assignment of each classification to a particular range are included in this report. A detailed listing of employees, showing present classification and pay rate, proposed classification and pay rate, and cost of the adjustment is also included. The recommended adjustment places each employee at the next higher step in the new range unless the employee's present salary is greater than the maximum proposed. In such cases, the report lists the range assignment followed by the letter (G) indicating a grandfather" rate. Employees receiving a grandfather rate should continue to receive that amount increased by any future general cost of living adjustments granted to all City employees. They are not, however, entitled to any future merit increases unless the range for the classification is increased or until they are promoted to a higher classification having a maximum rate of pay higher than their grandfather rate. It would also be acceptable procedure to agree that all .present employees in a classification where the maximum is reduced would retain entitlement to the existing maximum pay rate for the classification. Longevity The current longevity rates are 3% of base salary, 6% of base salary, and 9% of base salary. The consultant proposes that these be changed to 3% of base salary for Longevity 1, an additional 3% compounded for longevity 2, and an additional 3% compounded for longevity 3. The cost is very minor,' is in keeping with generally accepted practice, and does provide a little extra for long time employees. General Recammendations It is reccrmTended that all new employees start at the minimum rate for the classification to which they are appointed and that they advance to the second step upon completion of the probationary period. Future raises should not be automatic but should be considered annually and granted only if the employee's services are considered to be satisfactory or better. Any exception to the above should be specifically recommended by the department head and approved by the city manager. Upon promotion, an employee should be advanced to the minimum or the next higher step in the new range which ever is greater Part Time FTl2yees Part time employees should be assigned to the pay range for their classification in the same manner as full time employees. They should be paid on a proportional hourly rate based on the hours worked. y t r page -3- Implementation The estimated annual cost to implement all recommendations in this report is $77,159. This figure, as well as all individual employee salary adjustments, should be checked and verified by the city Finance Director before implementation. Also, I am certain there have been a number of personnel changes and salary adjustments since the consultant was provided with employee data. The proposed plan can be accepted as of any particular date or it can be gradually implemented over a period of time. Assigning employees to their proposed new range and pay on their individual anniversary dates will greatly reduce any large one time cost of implementation. As soon as.you can adopt the plan, I suggest that you use the official classification nwbers and pay range designations. For example, a new Clerk Typist I would start at range 16A; a Clerk Typist I with ten years of service would most likely be in range 16F -L1. Use of the tables would simplify wage assignments and longevity computations and would also eliminate the present problem of one dollar or so differences in annual pay that have apparently resulted from improper rounding over the years. L� \ \ l f. 6 f TABLE A CITY OF SOUTH MIAMI, FLORIDA PAY RANGES AND PAY RATES INCLUDING LONGEVITY RANGE A B C D E F L1 L2 L3 10 9756 10244 10756 11294 11858 12451 12825 13209 13606 11 10244 10756 11294 11858 12451 13074 13466 13870 14286 12 10756 11294 11858 12451 13074 13728 14140 14564 15001 13 11294 11858 12451 13074 13728 14414 14846 15292 15751 14 11858 12451 13074 13728 14414 15135 15589 16057 16538 15 12451- 13074 13728 14414 - 15135 15891 16368 16859 17365 16 13074 13728 14414 15135 15891 16686 17187 17702 18233 17 13728 14414 15135 15891 16686 17520 18046 18587 19145 18 14414 15135 15891 16686 17520 18396 18948 19516 20102 19 15135' 15891 16686 17520 18396 -19316 19895 20492 21107 20 15891' 16686 17520 18396 19316 20282 20890 21517 22163 21 16686 17520 18396 19316 20282 21296 21935 22593 23271 22 17520 18396 19316 20282 21296 22361 23032 23723 24434 23 18396 19316 20282 21296 22361 23479 24183 24409 '25656 24 19316 20282 21296 22361 23479 24653. 25393 26154 26939 25 20282 21296 22361 23479 24653 25885 26662 27461 28285 26 21296 22361 23479 24653 25885 27180 27995 28835 29700 27 22361 23479 24653 25885 27180 28539 29395 30277 31185 28 23479 24653 25885 27180 28539 29965 30864 31790 '32744 29 24653 25885 27180 28539 29965 31464 32408 33380 34382 30 _'25885 27180 28539 29965 31464 33037 34028 35049 36100 31 27180 28539 29965 31464 33037 34689 35730 36802 37906 32 28539 29965 31464 33037 34689 36423 37516 38641 '39800. 33 29965 31464 33037 34689 36423 38244 39391 40573 41790 34 31464 33037 34689 36423 38244 40157 41362 42603 43881 35' 33037 34689 36423 38244 40157 42164 43429 44732 46074 36 34689 36423 38244 40157 42164 44273 45601 46969 48378 37 36423 38244 40157 42164 44273 46486 47881 49317' 50797 38 38244 40157 42164 44273 46486 48811 50275 51784! 53337 39 40157 42164 44273 46486 48811 51251 52789 54372' 56003 40 42164 44273 46486 48811 51251 53814 55428 57091 58804 41 44273 46486 48811 51251 53814 56504 58199 59945 61743 S 6 Min i t 0 I 8 1 � Step 5 TABLE B South Miami Pay Rates - May 14, 1988 Ba jM Min Step 2 Step 3 Step 4 Step 5 Max 12 10712 11248 11811 12402 13022 13673 13 12921 13568 14247 14960 15708 16494 14 14680 15414 16185 16995 17845 18738 15 13943 14641 15374 16143 16951 17799 16A 14507 15233 15995 16795 17635 18517 16B 15670 16454 17277 18141 19049 20002 17A 15099 15727 16388 17082 17806 18567 17B 16209' 17020' 17871' 18764 19704 20690 18A 15727 16514 17340 18207 19118 20074 18B 16781 17620 18501 19426 20397 21417 19 17381 18251- 19164' 20123 21130 22187 20A 18011 18912' 19858 20851 21894 22989 20B 17082 17937 18834 19776 20765 21804 22 19360' 20328 21345 22413 23534 24711 23 22939' 24087 25292 26556 27885 29280 24A 20833 21875 22969 24118 25324 26591 24B 20184 21194 22254 23367 24536 25763 25A 21040 22092 23197 24357 25575 26854 25B 21041 22094' 23199 24359 25577 26856 26 21619 22700 23835 25027 26279 27593 27 22008 23109 242651 25479 26753 28091 28A 26667 28000'' 29401 30872 32416 34037 28B 25013 26264' 27578 28975 30405 31926 30 25067 26321 27638' 29020 30471 31995 31B 28452 29875 31369 32938 34585 36315 32 29119 30659' 32192 33802 35493 37268 33 28564' 29993 31493 33068 34722 36459 34 33011 34661 36395' 38215 40126 42133 -1�11 -5- DISTRIBUTION OF CURRENT PAY RATES ' CITY OF SOUTH MIAMI JUNE 27, 1988 CURRENT CLERICAL, ADMINISTRATIVE, POLICE RANGE FISCAL LABOR AND TRADES RECREATION 15,000 or less Comas Serve Aide 15 -16000 16- 17000 Clerk Typist I Switchboard Open Planning Technician 17 -18000 Clerk Typist II Rec Leader 18- 19000 Secretary Auto Mech Helper Maint Worker I 19 -20000 Pol Desk Off Park Viol Off 20 -21000 Account Clerk Maint Worker II Refuse Coll 21 -22000 Aram Secy Rec Super 22 -23000 Waste Col Dr 23 -24000 24 -25000 Auto Mech Pks & Sts Super Heavy Eq Cper 25- 26000 Code Enf Off 26 -27000 Cent Sery Tech Bldg Maint Super Public Wks Super 27 -28000 Adm Asst to CM Planner Bldg Official 28 -29000 Asst Fin Dir After Sc H Dir 29 -30000 Police Off 30 -31000 31 -32000 Asst PW Dir Motor Pool Super 32 -33000 33 -34000 34 -35000 Police Sgt 4 t -7- DISTRIBUTICN OF CURRERr PAY RATES CITY OF SOVrH MIAMI JUNE 27, 1988 PAGE 2 CURRENT CLERICAL, ADMINISTRATIVE, POLICE RANGE FISCAL LABOR AND TRADES RECREATION 35 -36000 Police Lt 36 -37000 Bldg & Zoning Dir Police Capt Recreation Dir Finance Dir Public Works Dir 37 -38000 Police Major 38 -39000 39 -40000 40- 41000 41 -42000 42 -43000 Chief of Police T - - l City of South Miami, Florida Proposed pay ranges - -- Recreation Range Clerical,Administrative Labor,Trades Police 12 10756- Corm Sery Aid 17328 16 13074- 16686 Clerk Typist I 17 13728 17520 Switchboard Oper Maint Worker I 18 14414- 18396 Clerk Typist II Auto Mech Helper Rec Leader 19 15135- Secretary Maint Worker II 19316 Refuse Collector 20 15891 - Account Clerk Pk Viol Off 20282 21 16686 Pol. Dsk Off 21296 22 17520 Adm Secretary Waste Col Dr Rec Super 22361 23 18396- 23479 24 19316 - Planning Tech Heavy Equip Oper 24653 Pks & St Super 25 20282- Code Enf Off I Auto Mech 25885 Centr Ser Tech 26 21296- PW Super 27180 Bldg Maint Super 27 22361- Code Enf off II 28539 Planner 28 23479 - Aft Sch Hse Dir Pol Officer 29965 Adm Asst to CM Res off Asst Fin Dir 29 24653 - 31464 30 25885 - Motor Pool Super 33037 - -- t Proposed pay ranges page 2 31 27180- Asst PW Dir 34689 32 28539- Bldg Official 36423 33 29965- 38244 34 31464 - Recreation Dir 40157 35 33037- Pub Wks Dir 42164 36 34689- Bldg & Zoning Dir 44273 37 36423- Finance Dir 46486 38 38244 - 48811 39 40157- Chief of Police 51251 i r - -- -- — - -9- Pol Sgt Pol Lt Pol Capt Pol Major cc O CD Nj NJ W lbb -4 Oo Ul ----------- — — — — — — — — — — — — — — — — — — — --- — — — — to rr — — — — (D C) (D Co G (D C> x -4 0 m 00 IB S A cc O CD Nj NJ W lbb -4 Oo Ul ----------- — — — — — — — — — — — — — — — — — — — --- — — — — — — — — --- — — — — (D C) (D Co G (D C> x -4 NO Ln S co lob t-j i- Lq co rr %0 (D co -j vi ko w m -4 m iD H II vi Un O ft -4 co cD O -------------------- — — — — — — — — — — — — — — — — — — — --- — — — — — — — — --- — — — — (D C) (D Co G (D C> x -4 co lob t-j i- Lq co rr %0 (D co -j vi ko w = co ?f- OD co ON ct kA K rr G 0 0 Lb— O — — — — — — — — — — — — — — — — — — — --- — — — — — — — — --- — — — — — — — — — OD 00 8 kn Is YH lov En N w A J ' i coo N tD 01 vl N J r O H W A m tC N ' H ' A O w 1 J w H� w 0 Ln CT co 13 co Q N p} w O -4 r N w A J ' i coo N tD 01 vl N J r O H W A m tC N ' H ' A O w 1 J w --- _-- - - - - -- IN• yK CJ a' rt a• N t C r r� N In O J w H �O tp U1 i I I H d �ro H n o w a rte• 4 co � c m N oo OND � J OJ1 Go O t t1t t � t rat t i i LAND C 1-4 GHo fD W W 0 A G n O J O N J H tl1 OD N J A H M+• I n I — — — - --- - -- - -_ -- - -- ---� — _ -- A Ni A w & lob Olob �O� C N 050 t?3� t GD t t A• t H t C3 i '"CPCO'i co Ln co w Ot F 4 ��J1 N lob, .'i7 ODD 0 GCDO co ate+ oN no N w nv coo n r 1-4 17 H H� w 0 Ln co 13 co Q N IV �wtij w O -4 r 7d --- _-- - - - - -- IN• yK CJ a' rt a• N t C r r� N In O J w H �O tp U1 i I I H d �ro H n o w a rte• 4 co � c m N oo OND � J OJ1 Go O t t1t t � t rat t i i LAND C 1-4 GHo fD W W 0 A G n O J O N J H tl1 OD N J A H M+• I n I — — — - --- - -- - -_ -- - -- ---� — _ -- A Ni A w & lob Olob �O� C N 050 t?3� t GD t t A• t H t C3 i '"CPCO'i co Ln co w Ot F 4 ��J1 N lob, .'i7 ODD 0 GCDO co ate+ oN no N w nv coo n r 1-4 17 H :i W m r � H w a� J J A ' N 5 cl r• N cr N � � I OD (rtD 10 J n O --- ----------------- — — — — — — — — N N w N N O tJS r r• r. !D 7 tii Q N CD W l r 1 Ob 00 s O pp�� O tip rt� :• A N -------------------- W O :i W m r � H w a� J J A ' N 5 cl r• N cr N � � I OD (rtD 10 J n O --- ----------------- — — — — — — — — N N w N N OD bi A d N Q O ON1 tii Q N CD W w 0 Y• N 1 Ob 00 s O O tip rt� :• A N -------------------- W O M M A. 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K kO VW1 — %0 %0 00 OD 0% (N7% Ul �t S -J W N O N CD N O OD .O %o ,.D (D -9E- i s i ,r South Miami Employees Receiving Grandfather Pay Rates July 24, 1988 Name New Class Range IT!IX Cost Alexander, Robert L Refuse Collector 19G L2 19 Bostick, W F Heavy Equipment Oper 24G L2 22 Bradshaw, Shirley Police Officer 28G 0 Brown Willie J Maintenance Worker II 19G L3 58 Butler, Robert Maintenance Worker II 19G L2 18 Chester, Robert Maintenance Worker II 19G L2 19 Compton, Kathleen M Central Services Tech 25G L3 75 Cummings, Arthur Parks and Streets Super 24G L3 67 Fatool, William A Police Officer 28G 0 Franklin, Milton Police Sergeant 31G 0 Hamilton, James Heavy Equipment Oper 24G L2 22 Hannah, Alvin Refuse Collector 19G L2 19 Horne, Addley Maintenance Worker II 19G L2 19 Howell, Edward Maintenance Worker II 19G Ll 0 Johnson Jr, Walter Heavy Equipment Oper 24G L3 67 Kenon, Jams Refuse Collector 19G Ll 0 Larkin, Elbert Refuse Collector 19G L2 18 Leiva, Elmo Maintenance Worker II 19G Ll 0 Martin, Fred Maintenance Worker II 19G L2 20 Robinson, Frank Heavy Equipment Oper 24G L1 0 Salters, Amos Refuse Collector 19G 0 Singletary, Willie Heavy Equipment Oper 24G L3 67 Torra, Mariano Maintenance Worker II 19G L1 0 Velazquez, Pascual Maintenance Worker II 19G L1 0 Washington, James Maintenance Worker II 19G 0 Total: 510 J` Page 1 i -37- South Miami Employees Receiving Longevity 24G July 24, 1988 I v Name Range New Class _ Ll Gibson,Clarice E 22F Adm Secretary Hannah, Bernard 22C Recreation Super Howell, Edward 19G Maintenance Worker II Kenon, James 19G Refuse Collector Leiva, Elmo 19G Maintenance Worker II Menocal, Alina 22F Adm Secretary Mills, Michael S 34D Police Lieutenant / A Robaina, Julio 26F Bldg Maint Super Robinson, Frank 24G Heavy Equipment Oper Romine, Charles D 36E Police Major Suarez, Juan C 24E Heavy Equipment Oper Torra, Mariano 19G Maintenance Worker II Turner, Perry 39E Chief of Police Velazquez, Pascual 19G Maintenance Worker II Total: L2 Alexander, Robert L 19G Bostick, W F 24G Bryant, Rudcie 22F Butler, Robert 19G Chester, Robert 19G Finkley Jr, Archie '24E Greene, George G 25F Hamilton, James 24G Hannah, Alvin 19G Horne, Addley 19G Larkin, Elbert 19G Martin, Fred 19G Refuse Collector Heavy Equipment Oper Waste Collection Dr Maintenance Worker II Maintenance Worker II Heavy Equipment Oper Auto Mechanic Heavy Equipment Oper Refuse Collector Maintenance Worker II Refuse Collector Maintenance Worker II Page 1 Cost 574 497 0 0 0 574 846 178 0 32 504 0 1,615 0 4,820 19 22 1,020 18 19 41 526 22 19 19 18 20 1,763 989 58 75 67 67 225 1,020 1,287 67 3,855 Total: 10,438 -38- Total: L3 Brant, Curtis T 22D Waste Collection Dr Brown Willie J 19G Maintenance Worker II Compton, Kathleen M 25G Central Services Tech Cummings, Arthur 24G Parks and Streets Super Johnson Jr, Walter 24G Heavy Equipment Oper Lathan, Sammie 26F Public Works Super Moss Ledly 35D Police Captain Simmons, Rudolph 24F Heavy Equipment Oper Singletary, Willie 24G Heavy Equipment Oper Total: Page 1 Cost 574 497 0 0 0 574 846 178 0 32 504 0 1,615 0 4,820 19 22 1,020 18 19 41 526 22 19 19 18 20 1,763 989 58 75 67 67 225 1,020 1,287 67 3,855 Total: 10,438 -38- h RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT THREE (3 %) PERCENT ACROSS- THE -BOARD PAY INCREASES FOR ALL NON COLLECTIVE BARGAINING EMPLOYEES EXCLUDING DEPARTMENT HEADS AND AMENDING THE CITY'S PAY PLAN IN ACCORD WITH THESE INCREASES. WHEREAS, the City Manager has recommended pay increases to all non - collective bargaining employees of the City excluding non - department heads; and WHEREAS, the Mayor and City Commission wish to implement this recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That all non - collective bargaining employees, excluding department heads, shall receive a three (3 %) percent across the board pay increase, effective .. Section 2. That the City's adopted pay plan is amended as reflected in Exhibit "A" attached hereto. PASSED AND ADOPTED this day of , 1989. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm \amend3 %.res To. Mayor and rr ission oATE: Ma rch 10, 1989 FROM 11 am. sUBUECT: Non Union Employees City M n and Dept. Heads As we have discussed, our two employee unions of the City have declared an impasse. We have scheduled a hearing with the arbitrator for the Public Works Union on April 4, 1989, and have tentatively scheduled the Police Union for early May, 1989. While the employee unions have exercised their legal right to go to arbitration, I believe that consideration for the other two groups of employees (70 non -union employees and Department Heads) should not be delayed. I will be proposing at the March 21, 1989 Commission meeting that our approximately 70 non -union employees be granted a 3% across the board increase effective April 1, 1989 and that those employees classification under the Womble pay plan be implemented October 1, 1989, as adjusted by the April 1, 1989, 3% across the board. The cost of this action will be $19,782 for 1988 -89 and $61,940 for the 1989 -90 Fiscal year. I will submit the executive pay plan for consideration in. the near future. V-5000 e EXHIBIT "A" w w w I n+ >•nt N r 0 01 u a a W N, r w t O I vC> O u U O Ot IA O p O LA O u 1 0 1 m r -c t r) I H r 1 + r T C O x m P1 r r 1 S z H v v H to n n SL n n Pt m t to z -I O O H m w m - :0 I r o z a c c z to In x x 1.0 z H P1 in M z z H -4 , -4 t + 2 O z z m -M w -I -1 m > > y `3 t i 0 z o H z n n z ro r c t, a z > r r > H H t > I z H n Q z P! PJ -4 H H V! to i V. 1 M V n n x v H H i -a tr I o P3 : > x x < I z 0 ' H 0 `3 M tH.t .A I rn 1 r n 0 L 1 L3 .0 a P) Pl 11 L tC , t I + P1 t � k w N r y N r r N r r r r t t1 w a r LA V a O 01 V U w l + ►- i 1 c t + 4 la 0 to 0 to to 0 III to 0 0 to +> r + 4 aac> Tats zz> x c > WE 2b x > Xit> xc> sacs st> xato- sacs I z> I 1 p z + O + P1 K 1 1 � � I i • f 4 f 4 f • i i i i i- f + + N r r F) >. 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V m v w H C ffitD LA mtDU w V w TTm NTF• mF)0 UNw NNT NTt-• UT 2 POi Oita Oro Ni tD HOW iUi w V T w N rUi mm v mtDP w wr0 TPm NWto w 0 0 CD V w4tD 1pM0 wtD0 T V tt LA U O • d • $ f $ 0 ti $ r N N N • w r H H is N N L+ N U tD O V T m m T r r T r w U r w m m tD Q i t Wt0 V W tD V V V w to 00 TPO 0•w• V wU tDNN TTO O V v wY r 0 t0 V tD 0 V tD 0 : 0) 0 w y U 1110 ' D W N N O F J w V 0 0 0 0 r N V. V U M w wY V N1 -1 m wtD0 UNw NV 0 0LAU 0 0O u Ur N 00t^ r• N N O N r N Y N H$ w N$ w Y$ W Y H Y {` f�. 0 H (D V tD m V N T V N LS m N r to m W tt LA N Y 000 000 N® w wTi 0 %D UP i i rwT V W0 O V 0 i V R ONW ri0, r i T CD N V 0 0 N 0 N 0 0 N q 0iN mN0 0)0Ix mOt, w r r w r T N L T N r T m V i V N T T O r O w N m V i T V O 0 V w s $ 0 $ $ 0 $ $ $ 0 s r$ tJ r$ N r FJ r r H* w r 0 w r$ w t1 •- +► w r b w r m 0 t) m m 0 t0 ID r ffi V- V m tD to tD 0 L: r •. . 0 • $ . 0 • . a . y . ?l 0 A. T O i V m i m V W to V 0 i i N AD i i P i Ot U V m t0 V P ¢ f) 0LON PtD N tD tS r_a H 0t) iP & O V V mw0 NrT 40, i A. t0 V i T, Wwc Q w o 0 a. U NUS Ww0 WN0 N 8N tP0C WW Z 0 Ui y'] 4 .y RESOLUTION NO. _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING A VARIANCE TO ALLOW A REAR SETBACK OF (5) FIVE FEET WHERE FIFTEEN FEET IS REQUIRED AND TO GRANT A PARKING VARIANCE OF SIX (6) SPACES ON PROPERTY LEGALLY DESCRIBED AS THE NORTH 120.0 FEET OF LOT 25 AND THE NORTH 120.0 FEET OF LOT 26 OF AMENDED PLAT OF COOPERS SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT PAGE 152 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A /K/A 5828 S.W. 71ST STREET, SOUTH MIAMI, FLORIDA. AGENDA ITEM PB -89 -004 WHEREAS, the applicant has requested variances to allow a side setback of five feet and to waive six required parking spaces and the staff recommendation is for denial; and WHEREAS, at a public hearing on March 14, 1989, the Planning Board voted 4 -2 to grant the requests. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That variances to allow a rear setback of (5) five feet where fifteen feet is required and to grant a parking variance of six (6) spaces on property legally described as: The north 120.0 Feet of lot 25 and the north 120.0 Feet of Lot 26 of amended plat of Coopers subdivision, according to the plat thereof as recorded in plat book 4 at page 152 of the public records of Dade County, Florida, a /k /a 5828 S.W. 71St Street, South Miami, Florida. is hereby granted. Section 2. That this approval is conditioned upon applicant at all times securing a joint use parking agreement for employee parking, pursuant to Section 7 -1 -3 of Chapter 20 of the City's zoning code. PASSED AND ADOPTED this day of ATTEST: nITY ^r Volt READ AND APPRO`dFD AS TO FORM: CITY ATTORNEY sm \setback.res R APPROVED MAYOR , 1989. ` R a Chu t 6134 Sunset Ddw. South Mtamk FlorWa '33143 6675691 . 111�1� D. E. Remarks. Adjournment. Planning Board March 14, 1989 City Commission Chambers 7 :30 PSI A. Call to order and the Pledge of Allegiance to the Flag of the United States of America. B. Roll call. C. Public Hearing PB -89 -004 liZerovn.'_ Applicant: Mario Capone Request 11: Variance from Section 5 -13- 3(.42) of the Zoning ordinance, to allow a rear setback of five (5) feet where fifteen (15) is required. Request 12: Variance from Section 7- 1- 1(.04) of the Zoning ordinance, to allow zero (.0) additional parking spaces where six (6) are required due. to expanding of an existing building. Location: 5828 S.W. 71 Street Legal Description: The North 120.0 feet of Lot 25 and the North 120.0 feet of Lot 26 of amended plat of Coopers subdivision, according to the plat thereof.as recorded in plat book 4 at page 152 of the public records of Dade County, Florida. D. E. Remarks. Adjournment. L 7. t T i 1 be O VI X ' ' L s OK -' 4 '+•F to c Xt Corn. I lit' 7,PFIL=cA,tim; MARio CAPPON kELEN MILLER MARL, 0U CC 'tE!�TS ; VARVI,tJCE our TS (*I 5FTM,,k) Scale . N T:S.. . . Z �ARklNI � Date - -�4 Drn.S .�...Chk. CITY or MUiu 4A 1 PLANNING g .... Hearing \*Otd OK -' 4 '+•F &- c Xt Corn. I lit' 7,PFIL=cA,tim; MARio CAPPON kELEN MILLER MARL, 0U CC 'tE!�TS ; VARVI,tJCE our TS (*I 5FTM,,k) Scale . N T:S.. . . Z �ARklNI � Date - -�4 Drn.S .�...Chk. CITY or MUiu 4A 1 PLANNING g .... Hearing \*Otd Z 0 N I N G P E T I T I 0 h Property Description, Location and Legal: I, , 25 -26 5898 S.- W. 71 ST. SOUTH N_IAMI, FL03IDA 33143 Request: The Cwners of the above property have made the following request: MR MARIO CAPONS, OWNER OF MARIO' S T ALIAR SHGP AND DRYCLEANERS IS RKU33TING VARIANCE FROM THE CITY OF SOUTH MIffJ FOR A DRYCLEANING PI.kM AND ADDITIONAL EXPANSION OIL M REAR OF NY BUILDING.1400 ;TQ 15CO SQUARE FM TOTAL Petition: bye, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request. JAW DATE 6' / 1 +_ f�/� 1 - oNA 1- z 41dwi f( 13 f3i n bytc- 50, Qt4. jrj - - — - — — - L — — — — — — - ,' -7 - - _ _ - - - _ - (continued on page 2) - - - - - - - - - - -pa - - - ge 1 3 6 Tk stv — - — — - L — — — — — — - ,' -7 - - _ _ - - - _ - (continued on page 2) - - - - - - - - - - -pa - - - ge 1 3 6 P-2 1 �+,� Atf - MINUTES DRAFT REGULAR MEETING OF THE PLANNING BOARD City Commission Chambers Tuesday, March 14, 1989 7:30 PM C- PB 2mQ-QA Applicant: Mario Capone Request #1: Variance from Section 5-13-3(.02) of the zoning Ordinance, to allow a rear setback of five (5) feet where fifteen (15) is required. Request 12: Variance from Section 7-1-1(.04) of the Zoning Ordinance, to allow zero (0) additional parking spaces where six (6) are required due to expanding of an existing buildinge Location: 5828 S,W. 71 Street The Applicant stated that the variance requested is to build a dry cleaning plant. Applicant at present is a *drop-off* site And the actual work is done elsewhere.- He wants to expand an bidd the cleaning on this site for better quality and time control.The alley way to the east of the property bel6ngs to the applicaht. Closing of the pick-up driveway is not desirable for his business and also because without this means of access the other businesses which back onto this dead-ended alley would have no emergency exist. With this expansion, there will possibly be an increase.of three employees, some of whom would park in the alley. with the alley kept open, there is sufficient room for 5 cars, according to Mr. Capone. one Board member noted that on the site plan, five spaces cannot be accommodated without interfering with the exit. Mrs. Goudarzi, staff planner was asked what the code required regarding parking. She quoted 1 parking space for every 300 sqd ft., retail. Mr. Carver asked staff if there were potential parking problems in this request. Director Lama cited that other businesses have had to rent parking spaces so there must be a problem. Mr. Capone was asked if he would consider landscaping the alleyway to which he readily agreed. The Board was interested to know just what the city would be receiving if this request were granted. Mr. Capone said that there would be a healthy business and contribution to the tax rolls. Chairman asked Soheila if. staff had, no objecti(?ns to_"e�m'setback and if the rejection is based solely on parking requiikemOntd-?.'ate feels that the parking problem can be adjusted to comply* Soheila stated that she, personally, had no problem with either part of the request inasmuch as the business has been there for 9 years but the department itself does not approve. She deferred to the Building & Zoning Director for further discussion. Director Lama stated that the secondary concern in this case is the fact that this use is not compatible with the new Comprehensive Plan and the department feels any expansion of this use may not be appropriate for that reason. Mr. Gutierrez asked what the Comprehensive Plan calls for? 9 Mr. Dellagloria reports that the applicant's attorney wishes to proceed with the Waiver of Plat and was advised of a question on Unity of Title. A search of the Abstract of Title shows no unity of Title record. A search will be continued. The applicant-has the right to return to the- Commission at a later date for variances, if, at this point he wants to make his case to the Commission that he does not need any variance on the 10,000 eq ft issue, based on-his interpretation of what the Code requires. Mr. Dellagloria concluded by saying that if the Board decided this matter would not be on the agenda, there will be nothing for the public to address at this meeting and there will be a Public Notice of that item before it comes before the Commission. He thanked the Board for listening out of order. Mrs. Kraich asked Mr. Dellagloria W he did have am inicrn Asbokt the unrecorded easement that gave access to an adjcri`,...tdperty since she had been given to understand that the C�ty,.ittorney 11 believed that since there was no record of such an ,1 the Planning Department.could not consider that easement in. the determination of a lot size. In rely, Mr. Dellagloria said that an agreement between the property owners was of no concern to the City. However,, the more important issue here of whether or not private streets are allowed in that particular zoning designation is of City concern. is understanding was that such streets are not permissible even though several weeks earlier, the Commission had adopted a plan addressing private roads in that area. Board member Kraich stated that this private road was not necessary to provide access to either of the parcels, it was an already existing private road and if it was not counted, there was sufficient lot area to meet the requirement, which, to her was the issue, Chairman Cooper questioned the rejection saying that this plan calls for retail on the first level, offices on the second and residential on 3/4 in which case, this complies. Mrs. Kraich noted that it was showing he was granted the permission to have a dry cleaning establishment and she felt it irksome to think the City would interfere with the operation of an existing business because it does not conform to some future proposed plan. Mr. Capone's architect, Mr. Johnson said that they would be most happy to include trees in the design. Executive session: Staff recommendation to deny approval based upon present parking shortage in the area. Susan Kraich roved to approve the request of the applicant on both requests. Seconded by Thomas Cooper. Mrs. Kraich arendu her notion to include" contingen�: upon executing a joint parking agreement for additional six employee parking spaces as required.' VOTE: Approve: 4 oppose: 2 (Gutierrez) (Ligammare) 'o: Sonia Lama DATC: 3/14/89 Acting Director Building & Zoning rotom, Soheila Goudarzi susJCCT: PB -89 -004 Planner Mario Capone Applicant: Mario Capone Request # 1: Variance from Section 5-13 - 3(.02) of the Zoning Ordinance, to allow a rear setback of five (5) feet where fifteen (15) is required. Request 1 2: Variance from Section 7- 1- 1(.04) of the Zoning Ordinance, to allow zero (0) add tiomai parking spaces where six (b) are required due to expanding of an existing building. Location: 5828 S.W. 71 Street �ACMGROUND The Applicant wishes to expand his business to install a dry cleaning plant. The special use permit for dry cleaning plant was granted on September 15th 1981 (Ordinance 1 51 -81 -3987 8 23 -81 -1157) by City of South Miami for the subject property. ANALYSIS Request 11 According to the Applicant and his engineer, the additional space is required to establish and operate a dry cleaning plant.` The existing dry cleaning store is 1,890 square feet. The Applicant wishes to add 1,345 scriare feet. The minimum rear setback required for the C -2 Zoning District is fifteen (15) feet. The Applicant wishes to reduce the setback to five (5) feet to increase the area of the facilities. There is a drop off window at the East side of the building and the Applicant wishes to keep using the alley way on that side of the building. Request 1 2 A total of 11 parking spaces are required for the existix)g- bui l Ii and the proposed addition. Applicant is able to provide five spaces and requesting variance from the provision of the other six (6). R�'GQII E dDl�T QN not > G ? approval aS d on present shortage of parking in the area. ROBERT K. SWARTHOUT, INCORPORA'T'ED 400 South Dixie highway, Suite 121 Boca Raton, Florida 33432 (407) 392 -5800 467,5$00 March 28, 1989 4 MAR 31 199 BZCD Ms. Sonia Lama Acting Planning and Zoning and Building Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 SUBJECT: Variance application dated 3- 14-89 from Mario Capone, hearing number PB 89 -004 Dear Ms. Lama: Pursuant to your request, we are confirming in'w -nt ng that the sn ject variance should not be granted. We hold this opinion for the folti'x►ing reasons: - 1. As we understand the application, the variance is requested to allow expansion of a building in order to accommodate laundry anchor dry cleaning plant facilities on a site which already houses a tailor shop and dry cleaners. A tailor shop and dry cleaners is potentially consistent with the Specialty RetailiResidential land use category of the Land Use Plan. However, a laundry or dry cleaning plant would not be consistent. 2. The fact that the proposed use may have been permitted or even approved under previous plan regulations has no bearing on the present application, unless the applicant can show a vested interest. There is no such showing in the documentation provided to us. 3. The requested expansion is in no way eligible for consideration as a grandfathered use. Grandfathering is a concept that applies only to an existing use at its existing intensity and size. It does not work to permit expansion of a nonconforming use. Nor does it work to allow expansion of a conforming use beyond the setback and other applicable building bulk requirements. G Ms. Sonia Lama City of South Miami March 28, 1989 Page 2 4. There is absolutely no showing in the application that the "particular hardship and extraordinary conditions" criteria get forth in Section 12 -2-4 of the South Miami Zoning Ordinance are met. In our opinion, no variance should be granted unless documentation is provided that such criteria are met. In this case, we doubt that they can be met. If you have any questions, please call. We will be happy to discuss the question further. Very truly yours, ROBERT K. SWARTHOUT, INCORPORATED Stephen 11. , MCP, AI Robert X Swarthout, Ch, AICP i .SHP/'tl? a am-plo ORDINANCE NO. 23 -81- 111.7 A_�i ORDINANCE OF THE CITY OF SOUTH !KJAMI, FLORIDA, GRANTING VARIANCES TO MARSO CA-PONE TO PERMIT A DRY CLEANING. PLANT ON A'-NON-ARTERIAL ROAD, AND TO PERMIT A 0 FOOT FRONT LANDSCAPE STRIP INSTEAD OF THE REQUIRED 5 FEET, AS TO CERTAIN DESCRIBED PROPERTY LOCATED AT 5828 SOUTHWEST 71ST STREET, SOUTH MIAMI, FLORIDA. WHEREAS, the Planning Advisory Board of the City of South Miami, Florida, has recommended the approval of the variances hereinafter granted. NOW, THEREFORE, BE IT ORDAINED 'BF T.HZ MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Mario Capone be, and he is hereby granted the following variances: A. A variance to permit a dry craning plant on a non- arterial road. P. A variance to permit a 0 foot front landscape strip instead of the required 5 feet. Section 2. All of said property is located at 5828 Southwest 71st Street, South Miami, Florida, and more particularly described as: The North 120 feet of Lot 25, and the North 120'feet'of Lot 26, COOPERS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4, Page 152, of the Public Records of Dade County, Florida. PASSED and ADOPTED this 15th day of SePtember ,1981. Passed on =irst Reading: 9/01/81 Passed on Second Reading: 9 /15 /81 L�! 3 APPROVED; Mayor RESOLUTION VO. 51 -81 -3987 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING MAFJO CAPONE A SPECIAL USE IN A C -2 ZONE (DC7WNTOWN COMMERCIAL), PERMITTING THE OPERATION OF A DRY CLEANING PLANT WITH REGARD TO CERTAIN DESCRIBED PROPERTY LOCATED AT 5828 SOUTHWEST 71ST' STREET, SOUTH MIAMI, FLORIDA. WHEREAS, the Planning Advisory Board of the City of South Miami, Florida, has recommended the granting of a Special, Use hereinafter permitted with regard to the property hereinafter described. NOW, THEREFORE, BE IT RESOLVED.BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Kario Capone be, and he is hereby granted a Special Use permitting the operation of a dry cleaning plant in a C -2 Zone (Downtown Commercial), with regard to the property located at 5828 Southwest 71st Street, South Miami, Florida, and more particularly described as: The North 120 feet of Lot 25, and the North 120 feet of Lot 26, COOPERS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4, Page 352, of the Public Records of Dade County, Florida. PASSED and ADOPTED th- s 15th day of Septsnber ,1981. APPROVED: Mayor — Attest: q RESOLUTION NO. 29 -89- 8009 -A A RESOLUTION OF THE MAYOR AND CITY COMMISSION RATIFYING THE AGREEMENT WITH JAMES DUNCAN AND ASSOCIATES AS CONSULTANT TO PREPARE A REVISED ZONING CODE IN ACCORD WITH THE CITY'S ADOPTED COMPREHENSIVE PLAN. WHEREAS, pursuant to Resolution No. 29 -89 -8009, the City of South Miami selected James Duncan and Associates as Consultant to prepare a revised zoning code; WHEREAS, the City Commission wishes to ratify the agreement relating to such services. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the contract with James Duncan and Associates for the preparation of an amended zoning code and land use regulations attached hereto as Exhibit "1 ", is approved, and the City Manager is hereby authorized to execute the agreement. PASSED AND ADOPTED this day of , 1989 APPROVED MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY \29- 89- 8009.res RESOLUTION NO. 29-89-8009 A RESOLUTION OF THE MAYOR AND CITY COMMISSION APPOINTING JAMES DUNCAN AND ASSOCIATES AS CONSULTANT TO PREPARE A REVISED ZONING CODE IN ACCORD WITH THE CITY'S ADOPTED COMPREHENSIVE PLAN, AND ESTABLISHING A SCHEDULE FOR ADOPTION OF SUCH CODE. WHEREAS, pursuant to Chapter 163, Florida Statutes, the City of South Miami was required to transmit a Comprehensive Plan to the State, Department of Community affairs by August 1, 1988; j and WHEREAS, in order to provide for an amended zoning code and land use regulations to effectuate the plan transmitted, the City desires to retain a consultant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY j COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That City Manager is hereby authorized to contract with James Duncan and Associates for the preparation of an amended zoning code and land use regulations to effectuate the City's Comprehensive Plan transmitted August 1, 1988. The consultant shall receive the amount of $49,500 for the services. Section 2. Pursuant to Section 163.3194, Florida Statutes, the City hereby adopts the date of August 1, 1989 as the scheduled date for adoption of all required land development regulations. Section 3. All terms and conditions of employment shall be approved by the City Attorney and shall be conditioned upon ratification by the Mayor and City Commission. Section 4. Funds for this consulting work shall come from account number 1610 -3110 entitled Building and Zoning: Planning Consultant. PASSED AND ADOPTED this . ar READ AND APPROVED AS TO FORM,: C --- - A T : ': Y j- - -t - -- -- - - - - - -- sm \consult.res 30th day of March APPROVED 1989. AGREEMENT BETWEEN CITY AND JAMES DUNCAN AND ASSOCIATES FOR PROFESSIONAL SERVICES AND TECHNICAL ASSISTANCE THIS AGREEMENT entered into this day of , 198_, by and between the CITY OF SOUTH MIAMI, a Florida municipal corporation, hereinafter referred to as "CITY" and James Duncan and Associates (Duncan) with its principal place of business located at 9020 -1, Capital of Texas Highway North, Suite 380, Austin, Texas, 78759 referred to as "CONSULTANT." W I T N E S S E T H: WHEREAS, CITY desires to retain the services of a consultant to prepare a Land Development code for the CITY of South Miami's Comprehensive Plan in accordance with Chapter 163, Florida Statutes, the rules and regulations of the Florida Department of Community Affairs, and all acceptable professional practices and ethical standards; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with the CITY'S request for proposals the terms and conditions of which are incorporated by reference. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements herein contained, it is hereby agreed by and between the parties as follows: 1. CONSULTANT agrees to provide professional and technical services as required under this agreement in accordance with all relevant portions of Part II, Chapter 163, Florida Statutes, the -f the forida Department of C_o 1munity YL , aid al __,( ble ^rof -S S i.onal practices n" ethical a^- - -s to _ _de a, services and work product requi -=u pursuant to the Scope of _ �'_ vic z attached ass Fxhiu -t The CONSULTANT shall comps_ with reasonable style and format requirements established by tZe CITY for presentations and �i _'_ reports to be delivered under this agreement, provided that the CITY shall give the CONSULTANT prior written notice of any such requirements. The CONSULTANT shall be represented at all key meetings and public presentations by either or both Mr. James Duncan or Mr. Eric Kelly. Additionally, the CONSULTANT agrees to provide the CITY with up to ten (10) hours for consultation or appearances pertaining to litigation support services including responses and consistency notices to any State, Department of Community Affairs, comments to the Land Development Code, whenever such action is made under applicable statutes or regulations. Additional time shall be as agreed between the parties. CONSULTANT further agrees to include in the scope of services responses to any State, Department of Community Affairs comments to the Land Development Code. 2. All original sketches, tracings, drawings, computations, details, design calculations and other documents and plans that result from services related to this Agreement shall become the property of CITY. The CONSULTANT shall deliver to the CITY ten (10) copies and an original reproducible copy of each of the Deliverables for TASKS I, II and III, and one (1) mylar original of the revised zoning map (Task IV) . The CONSULTANT will also submit semi- monthly reports to the City Manager on the overall progress of the Code revision effort. 3. After execution of this Agreement, CONSULTANT agrees to furnish the CITY with Worker's Compensation Insurance in the amount specified by Florida Law and Comprehensive General Liability Insurance (including independent contractors's coverage) as follows: a. Bodily Injury: S 500,000 Each Occurrence J, UCJG AaQrecate Pry .?r`V --amag,2 5u_ , G00 kggregate � . Co- _racy} _ Li abiI ty - (Hol - Harmless Profession-Al Errors and Omissions: � T $ 250,000 Aggregate b. Comprehensive Automobile Liability - (owned non- owned, hired): 1. Bodily Injury $ 500,000 Each Occurrence or Accident 2. Property Damage: $ 500,000 Each Occurrence. 4. The CONSULTANT'S total compensation for the Tasks set forth in the attached Scope of Services shall be forty -nine thousand, five hundred dollars ($49,500.00). For Tasks I through IV, the CONSULTANT shall be paid by the CITY upon receipt of each Task deliverable in the amounts stipulated in the attached scope of Services. Billings for services rendered for Task V (Legal Services) shall be paid by the CITY in four (4) equal monthly payments of two thousand, five hundred dollars ($2,500) beginning thirty ( 30 ) days after execution of the Agreement. Statements shall be paid by the CITY within Twenty (20) days of receipt if the CITY finds that the Tasks have been satisfactorily completed according to the attached Scope of Services. All travel and printing expenses incurred by the CONSULTANT are included in the specified Task costs and shall be borne by the CONSULTANT without additional cost to the CITY. 5. CONSULTANT shall be deemed to be an independent contractor and not an agent or employee of CITY. The CITY acknowledges that the CONSULTANT will subcontract a portion of the work under this Agreement to Kelly & Potter, P.C. of Pueblo, Colorado, and the CITY consents to such subcontracting. Primary responsibility will remain with the CONSULTANT. This Agreement shall not be construed as creating any contractual relationship between the Subcontractor and the City. There shall be no other subcontracting of services by the CONSIUI'LTANT without the prior written consent of t--_ 5. Tr v Acreeme n. t con stitut °_s the entire acre-2:7.. .t 'ce tween. or c1-ar-aes - _ must be made in( writing and signed by CONSULTANT and CITY. 7. _i' _ 1 T n: eses t ha t it- complies with a l l St--ate and Federal regulations pertaining to unlawful employment practices and -3- in particular Section 760.10, Florida Statutes, and shall not (1) discharge or fail to or refuse to hire any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, national origin, age, handicap or marital status; (2) limit, segregate or adversely affect any individual's status as an employee, because of such individual's race, color, religion, sex, national origin, age, handicap or marital status. 8. CONSULTANT agrees to indemnify and hold the CITY harmless from any and all claims, suits, actions, - damages or causes of action arising during the terms of this Agreement, including reasonable attorney's fees for any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the acts or negligence of CONSULTANT, its agents or employees as related to this Agreement. 9. This Agreement is entered into subject to the provisions of the Charter and code of Ordinances of the CITY of South Miami and applicable Federal, Florida State, County Laws, rules and regulations, all of which are incorporated herein by reference; venue for all actions shall be in Dade County Circuit Court and Florida law shall govern this Agreement and any actions arising hereunder. The CITY shall furnish to the CONSULTANT, without charge, at least two (2) copies of any local ordinances, documents or materials deemed necessary for the CONSULTANT to perform such services as are requested under this Agreement. The CITY shall also designate a Project Manager to coordinate work efforts with the CONSULTANT for services to be rendered under this Agreement. The Consultant may rely on approvals, requests and other actions by van ger as being thos- of _I-,P CITY. _ ANT as -s-on i _ C'- i _ oY aving the specifications upon which the hid ,.as rr,.=de and Statutes and r, 11 + a th-at mray in any ma ner of fec} the ; ^?s o be - _ - - -- supplied. 11. If CONSULTANT shall be adjudged to disregard laws, regulations or ordinances, or is otherwise guilty of any breach of any provision of the Agreement, the CITY may at any time terminate this Agreement without prejudice to any other right or remedy of the CITY. 12. Should CONSULTANT fail to perform any of the provisions set forth herein, said breach shall constitute a default under this Agreement. In such event, the CITY may exercise its rights under paragraph 11 herein, and in any action, suit or claim arising hereunder, the CITY shall receive its costs and reasonable attorney's fees should it prevail in any action. 13. Either party to this Agreement may terminate said Agreement for reasons of either cause or convenience by giving at least thirty (30) days written notice to the other party. If this Agreement is terminated by either party, the CONSULTANT shall be paid for work performed to- date based on an estimated percentage of completion, including a percentage of work begun but not completed. In case of such notice of termination, the Consultant shall immediately cease work unless the CITY instructs the CONSULTANT to finish work on a particular product or report, in which case the CONSULTANT shall diligently finish and deliver such product or report to the CITY. IN WITNESS WHEREOF, the CITY OF SOUTH MIAMI and JAMES DUNCAN AND ASSOCIATES, have caused these presents to be executed in their respective names by the proper officials the day and year first above written. WITNESSES: JAMES DUNCAN AND ASSOCIATES Japes B. Duncan, AICP l SJU''H ,M ?; i--- - - - - -- ;D _7 __,_ED S O F-)P { CITY CLERK tSEAL) - - - - -- CITY ATTORNEY ---- - - - - -- M TTACHNENT SCOPE OF SERVICES REVISED LAND DEVELOPMENT REGULATIONS City of South Miami, Florida The following Scope of Services and Task fee schedule assumes that the Consultant will be able to begin work on the project in early April 1989 and complete work by early August 1989. The projected dates for completion of each Tusk represent good -faith estimatfs and meeting the delivery schedule will require that all parties perform project Tasks and reviews in a coordinated and timely manner, -TAM-1 EVALUATIOl AMD— APPRAISAL REPORT (EA The Consultant shall conduct a comprehensive review of the City's existing Zoning Ordinance and other land development regulations to determine the extent of any current inconsistencies with the City's recently adopted Comprehensive Plan. This effort will also identity those revisions required to bring current local ordinances . into compliance with F.S. 283 (Part II) and any other statutes or rules governing the preparation of land development regulations. After conducting the above reviews the Consultant Will then prepare an Evaluation and Appraisal Report (EAR), which will contain a full listing of the revisions necessary to bring the City's current land development regulations into conformance with the adopted Comprehensive Plan and State Law (consistency and eoneurrency). These identified deficiencies will then form the basis for the actual Code drafting effort. Pursuant to the findings of the EAR, the Consultant will also prepare'.a proposed outline for the revised Land Development Code for local'', approval. Early concensus as to the structure and format of the revised code will enable the Consultant to begin work on specific sections of the code. 'ask_ Fee_; $9s500 eliv rable: EAR Report /Draft Code Outline Due Date 30 days after execution of Agreement 3 -0y M 1.4:_3!3 .TASK I1 PA LI NAR LAN D DEVUOPMENT CODE ARM F . 016, The Consultant Will immediately begin to enter existing codes and ordinances into a word processing format. This will enable the Consultant to reorganize and incorporatt those sections of current ordinances which require little or no editing or revision into the new Land Development Code draft. The recommendations of the City's Sign Committee will also be incorporated into the draft Code. The Consultant will review and suggest modifications, if considered necessary, to the recommended sign regulations. In preparing a draft Code for the City, the Consultant will draw upon the findings of the EAR as well as the comments and suggestions of local staff, citizens and officials. In this way, the Consultant will be able to prepare a draft Code which meets the needs and desires of those who will use the 'Code as well as the requirements for consistency and concurrency as mandated by State Law. The Consultant will also suggest several new methods of Code formatting, such as the expanded use of tables and matrices. The purpose of 'these suggestions Will be to facilitate public use and comprehension of code requirements. lark Fet : $181000 Deliverable; Prelininary Land Development Code Draft Due Date: 60 days after execution of Agreement TASK III ,FINAL LAND DEVELMENT CODE DRAF, Preparation of m complete version of a Final Land Development Code draft will entail a revision of the preliminary draft pursuant to review comments received from local regulatory agencies and City officials. While local review and comment will be on -going throughout the revision effort, timely review of the Consultant's draft Code Will be essential in order to meet the required delivery date for a: DCA -ready copy of the complete Code. The proposed schedule allows for thirty (30) daps between the delivery of the preliminary Code draft for review by local agencies and the date for delivery of the Final Code draft. The amount of time required for the Consultant to make all suggested revisions will, of course, depend on the nature and extent of local comments and suggestions. We have suggested, however, that at least two (2) full weeks be allowed for this phase of the project. ask Fee• $8,000 A_e_l.iverable: Final Land Development Code Draft pue Date; 90 days after execution of Agreement HPfi =- 3 -8`9 MGH 1.4 3,8 _ P . 07 TASK IY I$ViSED ZONiN9 MAP Using the V =300' base map used in the preparation of the City's Future Land Use Hap, the Consultant will prepare a revised zoning map delineating the boundaries of zoning districts which will implement the goals and objectives of the City's adopted Comprehensive Plan. Task-Let., $4,000 Deliverable• Zoning Hap Put Data: 120 days after execution of Agreement TASK V LEGAL REVIEW The Consultant Will engage the law firm of Kelly & Potter, P.C. as a Subconsultant to provide legal assistance in the preparation of the City's revised Land Developzent Code. Kelly & Potter is a nationally known land use law flra headed by Eric Damian Kelly. The Consultant and Kelly & Potter have worked together on numerous assignments of a similar nature. The addition of Mr. Kelly will ensure that the final code product for the City meets local legal needs, state requirements and current case law precedents. 1'ask et: 130,004 Deliverable: Legal Assistance Due DAte: On -going duritrg period of Agreement SUMMARY This Scope of Services described above represents a realistic work Program for the preparation of a revised Land Development Code for the City. By working closely with local staff, citizens and officials, the Consultant will be able to draft a Code which meets both State requirements and the needs and desires of the local community. Over the course of the four-month projects the Consultant will also participate regularly in staff meetings and Public hearings in the City over the course of the 120 day project period. TOTAL tUHP SUN FEE ITgsks r -V • $49,600 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE AGREEMENT FOR AUDITOR SERVICES WITH RACHLIN & COHEN. WHEREAS, pursuant to City Charterr, the Mayor and City Commission desire to retain an independent auditor to prepare annual audits; and WHEREAS, the City Administration recommends the execution of the letter of agreement attached hereto as Exhibit Oln from the firm of Rachlin & Cohen. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAKIr FLORIDA: Section 1. That the City Manager is hereby authorized to execute the engagement letter agreement attached hereto as Exhibit "l" to retain the auditor firm of Rachlin & Cohen for the annual audits required for fiscal years 1988-1989, 1989-1990, and 1990- 1991. Section 2. That these funds shall come from Account No. 0110-3210, entitled: Auditors' Fees. PASSED AND ADOPTED THIS day of 1 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY \rachlin.res RACHLIN & COHEN CERTIFIED PUBLIC ACCOUNTANTS A Pertnershlp of Professions/ Associations Penthouse • 1320 South Dixie Highway • Coral Gables, Florida 33146 -2964 • (305) 667 -0412 (Dade) «(305) 525 -3608 (Browar-d) Fax 305/665 - 7456• Telex: 219744 ICC UR, Code No. 78-3 • Cable: CPAMIAMI 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 extension of our engagement for the performance of the -audit of the Comprehensive Annual Financial Statements of the City of South Miami for the three years ending September 30, 1989, 1990 and 1991 with annual renewals. Our firm will audit the comprehensive annual financial statements as of September 30, 1989 -1991 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 made iu` accordance with generally accepted auditing standards 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 consultation 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 $25,000 for each year. This fee quote represents no increase from the 1988 audit. These fees do not include printing costs and any other out of pocket costs necessary for the annual filing. These fees have been proposed on the assumption that the City will continue to employ competent accounting personnel such as the current finance director, prepare all workpapers requested by the auditors, and prepare 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 fees. Member of Summit Irate natvisl Assomtes, bx. with Cffk= in PrPOO Cities RrVUghout the Wor M Member of the American Institute of Certified Pubic Accowtants omsion for SEC Practice Sects and the Private Corm Practice Section 1�i RACHLIN & COHEN Honorable Mayor and Members of the City Commission Page Two 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 performance of the Work. If this letter contains a correct understanding of our arrangements, please indicate your acceptance by signing, dating and returning an enclosed copy to us. Sincerely, C April 12, 1989 -Chiocca, CPA, P.A. GJC::ldl Enclosure ACCEPTED BY: NAME TITLE DATE ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI AMENDING SECTION 6- 3 -7.01 OF ARTICLE VI OF CHAPTER 20 OF THE CITY'S CODE OF ORDINANCES BY PERMITTING DIRECT ILLUMINATION OF FLAT SIGNS IN C -2 AND C -2R DOWNTOWN COMMERCIAL DISTRICTS. WHEREAS, the City of South Miami has a sign code which regulates size, location, and other characteristics of signs throughout the City; and WHEREAS, the Mayor and City Commission wish to amend the code by providing for direct illumination of signs in certain downtown commercial districts. NOW, THEREFORE, BE IT ORDAINED, BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 'SOUTH MIAMI, FLORIDA: Section 1. That Section 6 -7 -3.01 of Article VI of chapter 20 of the City's Code of Ordinances is amended as follows 6 -3 -7 Downtown Commercial (C -2) Downtown Commercial Restricted C -2 -R .01 Flat signs with a total aggregate sign area not to exceed ten (10) square feet in area for every ten (10) feet of Linear lot frontage. Corner lots shall be permitted one additional flat sign on the wall facing the side street. The area of said sign shall not exceed fifty (50) percent of the permitted area of the front flat sign. Direct Illumination. PASSED AND ADOPTED this day of , 1989. APPROVED: MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: ct-py kmm iRtVui Passed on First reading: Passed on Second reading: Addition shown by underlining ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AMENDING SECTION 8A -5 OF THE CITY'S CODE OF ORDINANCES ADDRESSING LOBBYING BY ADDING A NEW SECTION REQUIRING THAT NO LOBBYIST, PRINCIPAL OR ANY PAID PERSONS BE PERMITTED TO SPEAK TO INDIVIDUAL MEMBERS OF THE CITY COMMISSION PRIOR TO THE LEGISLATION OR ADMINISTRATIVE ACTION BEING BROUGHT TO THE MAYOR AND CITY COMMISSION AT A REGULARLY SCHEDULED MEETING, SPECIAL MEETING OR WORKSHOP; PROVIDING FOR A SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami has adopted an Ordinance regulating lobbying activities in connection with legislative and administrative actions of City government; and WHEREAS, the Mayor and City Commission wish to amend the current code in order to ensure that the respective rights of homeowners and other concerned residents are equally represented. NOW THEREFORE, BE IT - ORDAINED, BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That section 8A -5 (f) is hereby relettered as section (g). Section 2. That a new section ` 8A -5 ( f ) is hereby created as follows: (f) Notwithstanding any other provisions of all of Section 8A -5, no lobbyist, principal, person(s) exempted pursuant to section (e) above or any paid person or entity may engage in any activity to influence passage of legislation or administrative action as addressed above, by speaking to individual members of the City Commission, prior to the matter being brought to the Mayor and City Commission at a regularly scheduled meeting, special meeting or workshop. Section 3. That if any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affection. Section 4. That this ordinance shall become effective PASSED AND ADOPTED THIS day of APPROVED: MAYOR . 1989. ORDINANCE NO.5 -88- 1300 -A AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE NO. 5 -88 -1300 WHICH CREATED A LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT TO BE KNOWN AS THE SOUTH MIAMI NEIGHBORHOOD IMPROVEMENT DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 1,552.4 ACRES BOUNDED ON THE SOUTH BY S.W. 88TH STREET, ON THE WEST BY S.W. 69TH STREET, ON THE NORTH BY S.W. 40TH STREET AND ON THE EAST BY S.W. 57TH AVENUE, BY SPECIFICALLY EXCLUDING THOSE AREAS OF INCORPORATED METROPOLITAN DADE COUNTY SITUATED WITHIN SUCH BORDERS. WHEREAS, the governing body of South Miami adopted an ordinance authorizing the formation of A Safe Neighborhood Improvement District; and WHEREAS, the Mayor and City Commission of the City of South Miami, Florida, wishes to amend the district borders by excluding unincorporated areas. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section one of Ordinance 5 -88 -1300 is hereby amended-as follows: A Local Government Neighborhood Improvement District is hereby created to include approximately 1552.4 acres in an area bounded on the South by S.W. 88th Street, on the West by S.W. 69th Avenue, on the North by S.W. 40th Street, and on the East by S.W. 57th Avenue, specifically excluding those areas of unincorporated metropolitan Dade County situated within such borders. Section 2. This Ordinance shall be in full force and effect immediately upon time of its passage. PASSED AND ADOPTED THIS day , 1989 APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Passed on 1st Reading: March 22nd, 1988 Passed on 2nd Reading: April 25, 1988 Additions shown by underlining. 5- 88- 1300.ord CITY CLERK READ AND APPROVED AS TO FORM: CITY- ATTORNEY \lobby st �r� RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITE[ COMMISSION OF THE CITY OF SOUTH MAIIdI, FLORIDA, DENYING AN ADMINISTRATIVE APPEAL FROM A DECISION OF THE ADMINISTRATION REGARDING A BUILDING PERMIT FINE FOR PROPERTY IACATED AT 7241 S.W. 63RD AVENUE WHEREAS, The City Administration has imposed a $500.00 fine and a $140.00 Quadruple Fee regarding a building permit as 7241 S.W. 63rd Avenue; and WHEREAS, the Applicant wishes to appeal this decision. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the appeal of the Applicant from a decision of the City Administration is hereby denied. PASSED AND ADOPTED this day of • 2989• • • MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 7241PER RCS r March 23, 1989 Roberto Ferrer request to be on the regular City Commission agenda on April 4, 1989 to appeal the quadruple fee of $120.00, and the $100.00 fine assessed to me for starting the work prior to securing the proper permit on the job located at 7850 S.W. 67th Ave. In order to continue the Work you must pay the applicable fee and fine. The Commission meeting will be held at 7:30 P.M., 6130 Sunset Drive, Commission Chambers. Roberto Fe er Date Z�� fitness U ' Finance pt. Cler cc: Building Dept. City Clerk V 3 --,;? Date 4 0 6 Amount Received •.. o, SASE HISTORY r � , 224ty Address Owner Address 50 SW 67 Ave. Roberto I. Ferrer Miami, FL 33143 7850 SW 67 Ave. S. Miami, FL 33143 09- 4035 -13 -0950 P°HDTOS DATE MADE CO MJNICATICN W/DEF12VAM TAM UCm'I`IANCE 6 -1$ -88 Took photographs of an abandoned refrigerator Yes Refrigerator with doors in right of way and of a "Kurb removed. Master" tan truck in back yard. 6 -24 -88 Call received by 4:15 PM that a sign advertising No Yes "Shrimp for Sale" was posted at this property, went, talked to Mr. Ferrer and explained to him the regulations, he removed sign and stopped selling. 6- 25-W,. Several cars were in different states of repair Yes No and a tow truck was parked by the right of way. Mr. Ferrer was advised that major repair of cars is against the City Code. He was shown phot- gtaphs of previous visits and notified that a Notice of Violation will be sent if conditions remain. 7 -7 -88 Notice of Violation was sent on this date for No No major repairs of vehicles. Tow truck is bring- - ing cars to be repaired on the premises. (Sec. 15 -35.6) 7- 88 -VO11 7 -8 -88 An anonymous complaint was filed. I went to talk to Mr. Ferrer, when I arrived there, a car was being repaired, some of the old cars were removed. The tow truck was hitched to a Renault. 7 -9 -88 Notice of Violation was written (7- 88 -V020) in Yes No mference to Art 17- 1 -?.p2 of the zoning regulations that deal with trucks over one ton capacity parked in residential areas. Thi6 Notice of Violation was based on the day before 718188 and several other occassions where the truck had been parked. 7 -11 -88 NAPA pick -up truck was seen delivering parts Yes No to this site. (i��l I/ TE Mug • 14 -88 -1 -88 3 -17 -89 3 -21 -89 3 -23 -89 -4 -84 -6 -89 1 -7 -89 1 -7 -89 CASE HISTORY COM'NNICATION W/MTMANT7 Notice of Violation V-884042 was Issued for junked vehicles on property. Correction Time Limit 10 days. Notice of Violation 17- 88 -VO43 was issued for placing an addition on house Without proper permits. kpplied for permit, it was approved, but never pi eked up. A Final Notice of Violation 13- 89 -VO26 was issued for placing in addition on house without proper permits. Paid for permit. Requested to appeal fees and fines to the City Commission. Appeal request was deferred to next meet ing by the City Commission. Notice of Violations 14- 89 -V002, V003, and V004 were issued for two (2) junked vehicles to both of the owners of the property and the owners of the vehicles. Notice of Violation # 4- 89-VO05 was issued for roofing, electrical and plumbing work being done without the required permit. Notice of Violation # 4- 89 -VO06 was issued for improper disposal of waste water on his property. No No � Y { 4 6 TE Mug • 14 -88 -1 -88 3 -17 -89 3 -21 -89 3 -23 -89 -4 -84 -6 -89 1 -7 -89 1 -7 -89 CASE HISTORY COM'NNICATION W/MTMANT7 Notice of Violation V-884042 was Issued for junked vehicles on property. Correction Time Limit 10 days. Notice of Violation 17- 88 -VO43 was issued for placing an addition on house Without proper permits. kpplied for permit, it was approved, but never pi eked up. A Final Notice of Violation 13- 89 -VO26 was issued for placing in addition on house without proper permits. Paid for permit. Requested to appeal fees and fines to the City Commission. Appeal request was deferred to next meet ing by the City Commission. Notice of Violations 14- 89 -V002, V003, and V004 were issued for two (2) junked vehicles to both of the owners of the property and the owners of the vehicles. Notice of Violation # 4- 89-VO05 was issued for roofing, electrical and plumbing work being done without the required permit. Notice of Violation # 4- 89 -VO06 was issued for improper disposal of waste water on his property. No No m� +s r s RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING AN ADMINISTRATIVE APPEAL FROM A DECISION OF THE ADMINISTRATION REGARDING A BUILDING PERMIT FINE FOR PROPERTY LOCATED AT 7850 S.W. 67th AVENUE. WHEREAS, the City Administration has imposed a $100.00 fine and a $120.00 Quadruple Fee regarding a building permit at 7850 S.W. 67TH Avenue; and WHEREAS, the Applicant wishes to appeal this decision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA Section 1. That the appeal of the Applicant from a decision of the City Administration is hereby denied. PASSED AND ADOPTED this day of , 1989. APPROVED ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR April 7, 1989 Orlando Garcia request to be on the regular City Commission agenda on April 18��j, ��9,�,� to appeal the quadruple fee of , and the $3�P�fi' fine assessed to me for starting the work prior to securing the proper permit on the job located at 7241 S.W. 63th Ave. The Commission meeting will be held at 7:30 P.M., 6130 Sunset Drive, Commission Chambers. In order to continue the work you must pay the applicable fee and fine. If you choose not to pay the fee and fine work should be stopped. l itness Finance Dpt. Clerk cc: Building Dept. City Clerk Y /-/° -7— Date Date Amount Received 0 � r s April 7, 1989 Orlando Garcia request to be on the regular City Commission agenda on April 18��j, ��9,�,� to appeal the quadruple fee of , and the $3�P�fi' fine assessed to me for starting the work prior to securing the proper permit on the job located at 7241 S.W. 63th Ave. The Commission meeting will be held at 7:30 P.M., 6130 Sunset Drive, Commission Chambers. In order to continue the work you must pay the applicable fee and fine. If you choose not to pay the fee and fine work should be stopped. l itness Finance Dpt. Clerk cc: Building Dept. City Clerk Y /-/° -7— Date Date Amount Received 0 )WNEA OF PROPERTY CASE HISTORY )ffice Village Il Condo. Assoc itt; William Solmek, President ►241 S.W,. 63 Ave., # 200 3ROPERTY ADDRESS 1241 b 7321 S.W. 63 Ave. ATE MADE I COMt MICATION W/DE;F'UMkM -23 -89 C.E. Officer Lincoln Benedicto issued a Red Tag (Stopr work order) for exterior painting in a commercial zone. Work was stopped. -24 -89 Spoke with painting contractor (Orlando Garcia). He stated that he would pull the proper permits. -13 -89 Application was filed for the ERPB. -21 -89 ERPB approved the painting to be done, { a mandatory waiting period of 15 days to pull the permit began. - 26--89 Building permit application was submittec to BZCD. -5 -89 The Building Manager for the Office Village II Condominium Assoc. came in to pull the permit. The Manager was informec of the '$ 500 fine and quadruple fee of $ 140.00. The manager refused to pay the - 'fees, and stated that she would contact the contractor. -7 -89 The Contractor came to So. Miami. He did not pull the permit, but appealed the fees for the meeting of 4- 18 -89. Before BZCD can issue the permit, The contractor must submit copies of his licenses and proof of insurance. * DADE COUNTY OCCUPATIONAL LICENSE * MUNICIPAL CONTRACTORS LICENSE * PROOF OF INSURANCE a_, F CONTRACTOR: Orlando Garcia Marlboro Painting 5420 E. 8th Ave. Miami, FL 33013 Oi E-*. I• «a YES NO S k AUTHORIZATION TO PICK UP PERMIT ,As President of the Office Village II Condominium Association at 7241 -7361 SW 63 Avenue, Miami, FL, I authorize Kay Adams, Building Manager, to pick up any and all permits for the above named property. v � William Samek, President STATE OF FLORIDA) COUNTY OF DADE ) Before me, the undersigned authority, to me well known, personally appeared William Samek, who, being duly sworn, deposes and states on oath that he executed the foregoing. In witness whereof I have hereunto set my hand and seal, this 5th day of April, 1989 in the County and State aforesaid. NOTARY P BLIC, S ATE AT LARGE J,•'c:Y 2rPl'C STAIR I RC-P3'-A !►t 1 EXP. XT :" He3