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05-02-89 SPECIALBILL PORTER MAYOR April 28, 1989 8130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 305 / 887.5891 THE REGULAR CITY COMMISSION OF MAY 2ND, 1989, HAS BEEN CALLED AS A SPECIAL CITY COMMISSION'MEETING FOR THAT SAME DATE TO CONSIDER THE ITEMS ON THE AGENDA ENTITLED SPECIAL CITY COMMISSION MEETING OF MAY 2ND, 1989, AS ATTACHED HERETO. NOTICE OF THIS SPECIAL CITY COMMISSION MEETING WAS SERVED UPON THE CITY CLERK ON THE 24TH DAY OF APRIL, 1989. DONE UNDER MY HAND AND THE OFFICIAL SEAL OF THE CITY OF SOUTH MIAMI, FLORIDA, THIS 28TH DAY OF APRIL, 1989. A�j YOR ATTEST: CITY LCERk Posted: City Hall Bulletin Board 4/28/89 cc: Administration Miami Herald Neighbors Community News 4 OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive SPECIAL CITY COMMISSION MEETING MAY 2ND, 1939 7:30 P.M., , Next Resolution: 42 -89 -8022 Next Ordinance: 9 -89 -1422 Next Commission Meeting, 2 -16 -89 A. Invocation B, Pledge of Allegiance to the Flag of the United States of America C. Presentation by Mayor Porter s D. Items for Commission consideration: l) Approval of Minutes of April 18, 1989, Regular City Commission Meeting 2) City Manager's Report 3) City Attorney's Report ORDINANCES- 2nd Reading and Pub3ic Hearing c_ An Ordinance amending Ordinance 1to..5 -88 -1300 which created a Local 3/5 government Neighborhood Improvement.District to be known as the South Miami Neighborhood Improvement District with_iii,an area Containing approximately 1,552.4 acres 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, by specifically excluding those area of incorporated Metropolitan Dade County situated within such borders. (Administration) RESOLUTIONS: 5. A Resolution declaring May 5, 1989 to be honored as Arbor Day in the 3/5 City. (Commissioner McCann) 6. A Resolution requesting the Circuit and County Court Judiciary for 3/5 the 11th Judicial Circuit of Florida in and for Dade County to require that any person found guilty of desecrating or despoiling public property be required to perform community services as part of any criminal or civil sanctions imposed., (Mayor Porter) ORDINANCES: 7. An Ordinance amending Section 8 -4 -5 of Chapter 20 of the City's Zoning 3/5 Code to exclude certain types of craft from the City's boat and trailer storage regulations. (Commissioner McCann) 8. An Ordinance creating Section 8 -12 of Chapter 20 of th.e City's Zoning 3/5 Code regulating outdoor lighting in the City. (Commissioner McCann) S SPECIAL CITY COMMISSION MEETING MAY 2ND, 1989 PAGE Z REMARKS: I. A Resolution denying an administrative appeal from a decision of the administration regarding a building permit fine for property located at 6910 S.W. 64th Avenue, South Miami, FL. DEFERRED AND /OR TABLED: An Ordinance amending-Chapter 5 of the Code of Ordinances by creating Article 1I, entitled "Pit Bull Dogs" consisting of Section 5 -1, "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 Do s" Section 5 -10, "Confinement Pit Bull Dogs", Section 5 -11, "Registration of Pit Bull Dogs Section 5 -129 "Enforcement Section 5 -13, "Notice of Keeping of Pit Bull Dogs ", Section 5 -14, "Penalties providing for severabiiity, and an effective date. Deferred CCM 4/4/89)(2) Vice -Mayor Schwait You are hereby advised that if any person desires to a e with respect to any matter considered at this meeting or hearing, such on person will need to ensure that a verbatim record of the proceedings is made, which record includes the testirgony and evidence upon which the aapeal is hased. 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 AVENUE, 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, more specifically described in Exhibit "A" hereto'. 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 =ND ..uD AS TO FORA: Passed on 1st Reading: March 22nd, 1988 - is�s- i?iiu.orci 1V a RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA DECLARING KAY 5, 1989 TO BE HONORED AS ARBOR DAY IN THE CITY WHEREAS, the City of South Miami has always maintained a deep concern for environmental issues affecting the residents of our City and those throughout the state; and WHEREAS, in order to continue to demonstrate the City's special regard for trees and other issues of this nature, the Mayor and City Commission wish to proclaim May 5, 1989 as Arbor Day in the City. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That May 5, 1989 is hereby recognized to be Arbor Day in the City of South Miami. Section 2. That all residents are encouraged to commemorate this occasion by planting a Jerusalem Thorn, also known as Parkinsonia Aculeata, which is the City's official tree, on their property in the City. PASSED AND ADOPTED THIS _ day of .......... 1989 APPROVED: MAYOR --- - - - - -- - - -- ATTEST: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, .FLORIDA REQUESTING THE CIRCUIT AND COUNTY COURT JUDICIARY FOR THE 11TH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY TO REQUIRE THAT ANY PERSON FOUND GUILTY OF DESECRATING OR DESPOILING PUBLIC PROPERTY BE REQUIRED TO PERFORM COMMUNITY SERVICES AS PART OF ANY CRIMINAL OR CIVIL SANCTIONS IMPOSED. WHEREAS, the City and State have adopted laws making the desecration or despoiling of public property an offense which causes both criminal and civil sanctions; and WHEREAS, the Mayor and City Commission wish to assure that any such offense provide for the violator to perform community service in addition to any other sanction lawfully imposed. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA Section 1. That the Mayor and City Commission hereby requests that the Judges of the 11th Judicial Circuit of Florida in and for Dade County require community services as part of any criminal or civil sanctions imposed upon- any person found guilty of desecrating or despoiling public property in the City of South Miami. Section 2. That the City Clerk is hereby directed to send a true copy of this resolution to the Clerk of the Circuit and County Courts of Dade County. PASSED AND ADOPTED this __ day of APPROVED: MAYOR ATTEST: CITY CLERK 7 ° -. -'7 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AMENDING SECTION 8 -4 -5 OF CHAPTER 20 OF THE CITY'S ZONING CODE TO EXCLUDE CERTAIN TYPES OF CRAFT FROM THE CITY'S BOAT AND TRAILER STORAGE REGULATIONS. WHEREAS, the City's zoning code regulates the storage of boat and trailer yards in the City; and WHEREAS, the City wishes to exclude certain types of craft from the provisions of the regulations. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Sectionl. That Section 8 -4 -5 of Chapter 20 of the City's Code of Ordinances is amended as follows: 8 -4 -5 Boats and Trailers Permitted accessary storage of a boat on trailer only. This shall not include boats generally accepted to be of a rowing or paddling tYRe. Camp trailers shall not be permitted in a front yard. PASSED AND ADOPTED THIS y day of -------- , 1989. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY - ATTGRI�EY - �__— _.___�_ 1, - 7'n OTO Mi. 1 V r, ORDINANCE NO. AN ORDINANCE OF THE XAYOR AND CITY CONNISSIOH OF THE CITY OF SOUTH XIAXI CREATING SECTION 8 -12 OF CHAPTER 20 OF THE CITY'S ZONING CODE REGULATING OUTDOOR LIGHTING IN THE CITY. WHEREAS, the City's zoning code regulates the permitted uses of land in the City; and WHEREAS, the City wishes to add a provision to its supplementary zoning regulations that address outdoor lighting in all districts of the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 8 -12 of Chapter 20 of the City's Zoning Code of Ordinances is hereby created: 8 -12 Outdoor Lighting Exterior lighting shall be permitted under the following conditions: a. Plans indicating the location,.height, type of lights, levels of illumination, shades, deflectors and beam directions shall be submitted to the Building and Zoning Department b. The Building & Zoning Department may issue a permit for such lighting, if, after review of the plans it is determined that the proposed lighting will be deflected, shaded and focused in such a way as not to be a nuisance to the adjacent properties Passed and adopted this day of 1989• APPROVED: ATTEST: MAYOR CITY CLERK READ AND APPROVED AS TO FORM: -- - -- T - ; -- -- -- /ordina /outdoor.1gt 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 6910 S.W. 64TH AVENUE. WHEREAS, the City Administration has imposed a $500.00 fine and a $120.00 Quadruple Fee regarding a building permit at 6910 S.W. 64th 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 ,N^ day of _N _ 1989. APPROVED: MAYOR ATTEST: CITY CLERK v- ---- - - -� -- READ AND APPROVED AS TO FORM: April 20, 1989 Carlos Rivero request to be on the regular City Commission agenda on May 2nd, 1989 to appeal the quadruple fee of $120.00, and the $500.00 fine assessed to me for starting the work prior to securing the proper permit on the job located at 6910 S.W. 64 Avenue. 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. rlos Vero Da e 09'4'� — 2/-- --�0--'5/ W tness Date Finance Dpt. Cl Ur Amount Received cc: Building Dept. City Clerk -T o CASE HISTORY Patrick Le Glaz Contractor (Property Owner) Carlos Rivero Plumbing 6910 S.W. 64th Ave. & Septic Tank Contr. So. Miami, F1. 33143 INC. 1905 N.W. 34th St. 3 -55q-� PH010S GATE MADE COM4MICATION W/DEFENDANT? TAKEN OU4PLIANCE 4 -17 -89 A RED TAG (stop work order) was issued yes no to Carlos Rivero Plumbing for instal - ling a drain field without a permit. 4 -18 -89 Carlos Rivero applied for the plumbing permit. The permit was approved with no no a quadruple fee of $120.00 and a fine of $500.00. Mr. Rivero in a very hostile manner refused to pay the fine and fee that were assesed for starting work before obtaining a permit. Mr. Rivero threatend to leave the job as it was. 4 -20 -89 Carlos Rivero paid for the permit to no mo continue work and requested to be on the regular City Commission Agenda on May 2nd, 1989 to appeal the fee and fine.