04-19-88OFFICIAL AGENDA
CITYt, OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
APRIL 19TH, 1988
7:30 PM
A. Invocation
Next Resolution: 68 -88- 8084
Next Ordinance:. 5 -88- 1300,
Next Commission Meeting: 5/3/88
B. Pledge of Allegiance to the Flag of the United States of America
C. Items for Commission_ Consideration:
a.. Approval of minutes of March 22nd, 1988, City Commission meeting
b. City Manager's Report
c. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
U /0
none
PC).
0 0
i
4. A Resolution authorizing the Acting City Manager to enter into negotiations 3/5
with the, South Miami Center for Health and Wellness in regard to a City employee
membership program. (Commissioner McCann)
5. A Resolution authorizing the Planning Board to study the feasibility of closing n/5
Manor Lane Bridge where it crosses Brewer Canal at Manor Lane at the end of
S.W. 54th Court. (Vice -Mayor Schwait)
6. A Resolution authorizing the Acting City Manager to rrequessproposals for a 3/5
study addressing the economic impact on the City's tax base in regard to the
proposed Comprehensive Plan. (Vice -Mayor Sc wait)
r-1 a ^ 6 ----
7. A Resolution proclaiming Red Ribbon Day in the City of South Miami, Florida.- 3/5
(Commissioner Brown)
8. A Resolution proclaiming Clean -Up, Paint -Up, Fix -Up week in -the City of South 3/5
Miami, Florida. (Mayor Por r . .y
9. A Resolution urging the Dade League of Cities to estAl ish a "Reward Fund" 4/5
whereby rewards will be given to any person or persons, other than officers and
employees or their immediate families of any governmental entity for information
leading to the apprehension and conviction of any person committing the crime of
murder of any police officer of any municipality, state oar federal government
while`.performing his duties in Dade County, Florida, and further contributing
$1,000 to said fund conditioned.upon all municipalities'-and the County of 'Dade,...
each contributing a minimum of $1,000 to said fund.
ce -7 '� 0f2
'i r
10. A Resolution authorizing he Actin City Manager to enter into discusssions 1ti h 3 5
9 9 y 9 t /
the Director of the•Masters Program in Landscape Architecture at Florida
International University for voluntary design services.
(Commissioner -McCann 11. A Resolution authorizin the a ointment of S ecial Cb el l iti An? � 4 5
case of the City. 9 pp p (City Attorney) /
ORDINANCES. <`r" r4 _ ou�k
d
12. An Ordinance amending Section 2- 2.1(B) and (C) of the City's Code of Ordinances 3/5
by providing for workshop meetings to be convened and have agenda items in accord
with the procedures for Special Meetings. (Commissioner McCann)
I 8
REGULAR CITY COMMISSION MEETING AGENDA
APRIL 19TH, 1988
PAGE 2
ORDINANCES - FIRST READING (continued):
13. An Ordinance providing for the regulations of garage sales in the City;
providing for conditions, definitions, permits, fees and restrictions on the
number of sales in a calendar year; providing a severability clause and
an effective date. (Vice -Mayor Schwait)'
REMARKS:
I. Elida Garcia, 6251 S.W. 42nd Terrace, to appeal the $500.00 fine
assessed re: building permit - bathroom renovation
II. Roland Rodriguez, Operations Manager, Bakery Centre, to appeal
an administrative decision re: temporary sign at Bakery Centre
III.Kay Garbutt Adams, Manager, Office Village Condominiums, to a
appeal the decision of the Environmental Review & Preservation
Board re: replacement of Planters (ERPB 4/5/88 attached)
DISCUSSION:
Fees: Building permits and fines
Meeting with Department Heads
re: proposed agenda items
DEFERRED AND /OR TABLED:
none
(Mayor Porter)
(Commissioner McCann)
3/5
0
,
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION AUTHORIZING THE ACTING CITY
MANAGER TO ENTER INTO NEGOTIATIONS WITH
THE SOUTH MIAMI CENTER IF,OR HEALTH AND
WELLNESS IN REGARD TOA'�,.CITY EMPLOYEE
MEMBERSHIP PROGRAM. r'
WHEREAS South Miami Hospital hestablished the South
Miami Center for Health and Wellness, (the "Center "), whose purpose
is to offer exercise and - nutritional programs to promote healthy
life- styles; and
WHEREAS, the Center offers group rates and discounts to
employers who partake of this program for the wellbeing of their
employees; and
WHEREAS, the Mayor and City Commission desire to undertake
an appropriate expenditure on behalf of its employees establishing
and maintaining a life -style health program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the acting City Manager is hereby
q- at hi -.xi jw off.
authorizing to enter into negotiations with the Center Ain order to
ascertain the most cost - efficient method for the City to help
enable its employees to become members of the program.
Section 2. That all terms of an agreement between the City
e�9✓
and the Center shall be approved by the City Commission.
PASSED AND ADOPTED this day of , 1988.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED
MAYOR
a
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE PLANNING BOARD
TO STUDY THE FEASIBILITY OF CLOSING
MANOR LANE BRIDGE WHERE IT CROSSES BREWER
CANAL AT MANOR LANE AT THE END OF S.W.
64TH COURT.
WHEREAS, in order to preserve the residential character of
the Manor Lane area of the City; and
WHEREAS, in order to promote the public health, safety and
welfare of the residents of the area by eliminating excess traffic
congestion, the feasibility of closing Manor Lane Bridge should be
considered by the City's Planning Board.
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
authorize the Planning Board to make recommendations regarding
permanently closing Manor Lane Bridge where it crosses Brewer Canal
at Manor Lane at the end of S.W. 64th Court.
PASSED AND ADOPTED this day of , 1988.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
5
APPROVED
l.ZW(e)
Mayor Porter noted the problem with sidewalks apprears to be that trees have
large roots which are cracking the sidewalks. He would like to know if the replace-
ment is permanent solution. Mr. Christie explained part of the problem is home-
owners who may plant trees too close to the sidewalks and the roots from those
trees are cracking the sidewalks.
Mayor Porter asked for information with regard to the City's position of
liability of someone falls on a sidewalk which is damaged, even if the tree was
plantedby the individual homeowner, City Attorney Dellagloria stated the City is
liabel for the City sidewalks regardless of who planted a tree that might damage
them.
Commissioner McCann took exception to whether or not the City is liabel for
damages to the sidewalks or any other City property damaged by items planted by
the property owner if that property owner has been put on notice that such damages
are occuring. The property in question is the City right -of -way and. the City would
have to give permission to plant trees on that land. Also, there are provisions
for the property owner to share in the cost of sidewalk repair or replacement even
though the City has not been enforcing that provision in the past. City Attorney
Dellagloria stated it is possible for the City to have an assessment program so
that the property owner would be partically responsible for costs.
Mayor Porter stated he would not support sidewalks for only a small portion
of the City when the expense would be borne by all taxpayers in the City. Also,
it appears that the sidewalks are giving the City a potential liability problem over
which the City has no control.
Commissioner Launcelott said she had walked on the sidewalks on S.W. 59th Place_
and also in the Bird Road area during her recent campaign. They are very badly in
need of repair /replacement. Although there does not seem,to be such a thing as a
permanent repair or replacement, she would be in support of keeping the sidewalks
in the area which they are now placed.
Commissioner Brown expressed concern on the amount of money being spent to
replace sidelwaks in only two areas of the City when the downtown area is where a
number of accidents have been occuring. Mr. Christie explained that the City's own
public works departmebt is able to do the necessary repairs downtown because they
are done a section at a time rather than an overall replacement program.
Vice -Mayor Schwait said the sidewalks are in very bad need of repair and while
he would support the use of sod in some areas which do not have sidewalks at the
present time, it is the sidewalks that develop interaction of the neighborhood. It
is his opinion the sidewalks are in a very dangerous condition and after four years
of discussion it is time for the Commission to take action.
T
R
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE ACTING CITY
MANAGER TO REQUEST PROPOSALS FOR A
STUDY ADDRESSING THE ECONOMIC IMPACT
ON THE CITY'S TAX BASE IN REGARD TO
THE PROPOSED COMPREHENSIVE PLAN.
WHEREAS, the City of South Miami is required to
submit a revised comprehensive plan-to the State,
Department of Community Affairs by August 1, 1988; and
WHEREAS, in order to fully address the economic
impact, if any, the proposed plan may have on the City's
tax base, a study of the proposed plan's effect should
be undertaken.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager is
hereby authorized to request proposals for a consultant's
study of the proposed comprehensive plan's impact on the
City's tax base.
Section 2. That funds for this service shall come
from Account No. , entitled
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R8 -3 -07
�r -
day of
APPROVED:
MAYOR
, 1988.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, PROCLAIIMING
RED RIBBON DAY IN THE CITY OF SOUTH MIAMI.
WHEREAS, the Red Ribbon Council and all organizations that
deal with the prevention of drug abuse have set aside the week of
May 9th through May 15th, 1988, as Red Ribbon Week to motivate people to be
more active in drug prevention programs and in recognizing this problem in
our communities; and
WHEREAS, the Red Ribbon Council has planned a series of
activities and media messages aRmed at focusing public attention on this
problem and to encourage people to take action in combating the problem of
drug abuse by our youth;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Commission of the City of
South Miami, Florida, does hereby recognize the week of May 9th through
May 15th, 1988, as Red Ribbon Week in the City of South Miami and do urge
all residents and visitors to our community to specifically recognize
Wednesday, April 11th, 1988, as:
RED RIBBON DAY
and participate in this program by supporting the theme "Just Say No to
Drugs ".
PASSED AND ADOPTED this day of
ATTEST:
APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
'CITY ATTORNE Y
MAYOR
, 1988.
17
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, PROCLAIMING
CLEAN -UP, PAINT -UP, SIX -UP WEEK IN THE CITY OF
SOUTH MIAMI, FLORIDA.
WHEREAS, the residents of South Miami are fortunate to live
in a City endowed with beautiful natural assets and should feel a continuing
responsibility for preserving our environment by keeping it clean; and
WHEREAS, we have the opportunity to demonstrate our committment
to this responsibility during this special one week of the year; and
WHEREAS, every resident and organization is urged to join
in this paint -up, clean -up, fix -up week which will serve to enhance, restore
and /or maintain the beauty of all neighborhoods in our community.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the week of April 24th through April 30th,
1988, is designated as PAINT - UP, CLEAN - UP, FIX - UP WEEK in the City of
South Miami, Florida.
ATTEST:
PASSED AND ADOPTED this day of
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
0
I
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING THE
DADE LEAGUE OF CITIES TO ESTABLISH A "REWARD
FUND WHEREBY REWARDS WILL BE GIVEN TO ANY
PERSON OR PERSONS, OTHER THAN OFFICERS AND
EMPLOYEES OR THEIR IMMEDIATE FAMILIES OF ANY
GOVERNMENT ENTITY FOR INFORMATION LEADING TO
THE APPREHENSION AND CONVICTION OF ANY PERSON
COMMITTING THE CRIME OF MURDER OF ANY POLICE
OFFICER OF ANY MUNICIPALITY, STATE OR FEDERAL
GOVERNMENT WHILE PERFORMING HIS DUTIES IN DADS
COUNTY, FLORIDA, AND FURTHER CONTRIBUTING $1,000
TO SAID FUND CONDITIONED UPON ALL MUNICIPALITIES
AND THE COUNTY OF DADE EACH CONTRIBUTING=A
MINIMUM OF $1,000 TO SAID FUND.
WHEREAS, there has been an increase of murders and attempted
injuries to the police officers in Dade County, Florida; and
WHEREAS, it would be in the best interest of the residents
of the City of South Miami and all municipalities in Dade County to provide
incentives for persons to give information leading to the apprehension and
conviction of such criminals; and
WHEREAS, the City of South Miami is desirous in joining
with Dade County and other municipalities in a concerted effort to protect the
welfare, health and safety of those who dedicate their lives to protecting us.
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 of the City
of South Miami, Florida, does hereby go on record in support of establishing
a "Reward Fund" whereby those giving information leading to the apprehension
and conviction of criminals -who perpetrate crimes on a police offiEer are
compensated for that information and in support of the establishment of this
fund contribute the sum of $1,000; said funds to be expended from Account
No.
2100 -5510 entitled: General Contingency Fund.
ATTEST:
CITY CLERK
PASSED AND ADOPTED this day of 1988
READ AND APPROVED AS TO FORM:
APPROVED:
MAYOR
I Y
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION AUTHORIZING THE ACTING CITY
MANAGER TO ENTER INTO DISCUSSIONS WITH
THE DIRECTOR OF THE MASTERS PROGRAM IN
LANDSCAPE ARCHITECTURE AT FLORIDA
INTERNATIONAL UNIVERSITY FOR VOLUNTARY
DESIGN SERVICES.
WHEREAS, the Mayor
and City Commission
of the City
of South
Miami have acknowledged a
need for certain
areas of the
City to
undergo landscaping improvements for the betterment of the City;
and
WHEREAS, Florida International University has a recognized
and outstanding program in landscape architecture which may
volunteer its talents to assist the City in this goal.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the acting City Manager is hereby
authorizing to enter into discussions with the Director of the
Masters Program in Landscape Architecture at Florida International
University for their voluntary contribution of design services in
regard to one of the following City projects:
Sunset Median Strips
Marshall Williamson Park
Section 2. That any agreement reached by the City and the
Program shall be approved by the City Commission.
PASSED AND ADOPTED this day of , 1988.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
/o•
APPROVED
MAYOR
g
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE APPOINTMENT OF SPECIAL
COUNSEL IN A LITIGATION CASE OF THE CITY.
WHEREAS,. the City of South Miami =is presently in
litigation involving a right -of -way at 6880 Sunset Drive; and
WHEREAS, the Mayor and City Commission has passed
Resolution No. acknowledging the request of the City
Attorney to appoint special counsel for the City in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That such legal services shall be provided
by at the rate of $` per
hour, to be paid from Account No. , entitled:
PASSED AND ADOPTED this day of , 1988.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R8 -3 -191
11
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING SECTION 2- 2.1(B) AND
(C) OF THE CITY'S CODE OF ORDINANCES BY
PROVIDING FOR WORKSHOP MEETINGS TO BE
CONVENED AND HAVE AGENDA ITEMS IN ACCORD
WITH THE PROCEDURES FOR SPECIAL MEETINGS.
WHEREAS, the City's current Code of Ordinances provides
procedures for calling regular and special meetings and provides
for agendas for such meetings; and
WHEREAS, the City desires to enact similar procedures in
regard to workshop meetings of the Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 2 -2.1 (b) and (c) of the City's
Code of Ordinances is hereby amended as follows:
(B) SPECIAL MEETING; WORKSHOP MEETING. A special
meeting or a workshop meeting of the city
commission may be called by the mayor whenever in
his opinion the public business may require it, or
whenever two (2) members of the commission request
a special or workshop meeting. Whenever a special
or workshop meeting shall be called by the mayor, a
notice in writing signed by the mayor shall be
served on the city clerk, and whenever a special or
workshop meeting shall be called by two (2) or
i
more members of the city commission, notice in
writing signed by such commission rdembers shall be
served in writing upon the city clerk. The clerk
shall forthwith serve either verbal or written
notice upon each member of the commission, the
mayor, the city manager and the city attorney,
stating the date and hour of the meeting,and the
purpose for which such meeting is called, and no
other business shall be transacted at that meeting.
The clerk in 4A-s- the notice of a epee }al - meeting
shall allow at least twenty -four (24) hours to
elapse between
the call of the
meeting and
the
date and hour
of the meeting.
A copy of
said
notice is to
be posted in a
prominent
and
conspicuous place in the city hall at least twenty-
four (24) hours prior to such meeting. The minutes
of each spe- c"I meeting shall show the manner and
method by which notice of such s&peeial meeting was
given, or shall show a waiver of notice. All
spy
meetings
shall be
open
to the public and
shall be
held in
the city
hall.
For the purposes
of this paragraph, the leaving a copy of notice at
the residence of the mayor or any councilman shall
constitute service on such mayor and councilman.
(C) AGENDA. There shall be an official agenda for
every meeting of the council which shall determine
the order of business conducted at the meeting. The
council shall not take action upon any matter or
item or business which is not listed upon the
official agenda without approval of at least three
(3) councilmen present at such regular meeting.
The agenda shall be prepared by the clerk in
appropriate form approved by the council. Matters
may be placed on the agenda by the mayor,city
manager, any councilman, and the city attorney. A
copy of the agenda shall be delivered to each
councilman, the mayor, city manager, and the city
attorney seventy -two ( 72 ) hours prior to any
regularly scheduled meeting, and twenty -four (24)
hours prior to any special or workshop meeting. No
business may be conducted at a special or workshop
meeting other than that for which this meeting was
called. Any agenda item that has been tabled
without a time certain shall automatically be
removed if not acted upon during the three
succeeding regular council meetings following the
I Y
date of said tabling.
Except for emergencies, no item will be placed
on the agenda of a regular meeting of the council
which has not been delivered to the city clerk by
noon of the Wednesday preceding such regular
meeting, excepting as provided in Ordinance No.
614, Sec. 2- 2.1(C).
PASSED AND ADOPTED this day of _ ,1988.
APPROVED
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Deletion shown by -----
Additions shown by underlining
MAYOR
t t
ORDINANCE NO. _
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
PROVIDING FOR THE REGULATIONS OF GARAGE
SALES IN THE CITY; PROVIDING FOR
CONDITIONS, DEFINITIONS, PERMITS, FEES
AND RESTRICTIONS ON THE NUMBER OF SALES
IN CALENDAR YEAR; PROVIDING A
SEVERABILITY CLAUSE AND �AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami= -has the obligation to
preserve the quality of the services provided its citizens in
regard to policy, sanitation and related public health safety and
welfare concerns; and
WHEREAS, indiscriminate, unsupervised and unregulated
garage sales can and has had a detrimental effect on the
residential environment and quality of services the City must
provide; and
WHEREAS, the Mayor and City Commission desire to address
these concerns and provide for a uniform, regulated approach to
garage sales throughout the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Garage sale defined. A garage sale is defined
as the sale of personal property from a residence, duplex, or
apartment in a residential area. The sale of personal property not
in excess of five (5) items in number, provided that such items are
specifically named or identified in the advertisement thereof, or
the sale of personal property pursuant to an order or process of a
court of competent jurisdiction, shall not be construed as a garage
sale.
Section 2. Conditions and restrictions. Garage sales
shall be permitted on the premises of residence, duplexes and
apartments subject to the following conditions and restrictions:
(A) No garage sale shall be conducted unless
and until a permit shall have been
obtained for the city clerk after
payment of a ten dollar ($10.00)
processing fee. Only the owner or lessee
of the property upon which the garage
sale is being conducted may obtain such
permit.
13
I ,t
(B) Before a permit is issued, the applicant
shall file an application with the
Department of Building, Zoning, and
Community Development, which application
shall contain the following information:
(i) Street address where the sale is
to be conducted;
(ii) Proof of ownership or lease of
property;
(iii) Date (s) of sale; and
(iv -)- Hours of sale.
(C) Upon verification and compliance with the
provisions of this section and the
payment of the fee, the Department shall
issue a permit which will designate the
location of the sale and the days upon
which' such sale may be conducted.
(D) Only personal property "owned by the
seller and usual to a - household may be
sold or offered for sale.
(E) Only one (1) sign not exceeding three (3)
feet by three (3) feet in size may be
displayed on the premises where such sale
is being conducted. The sign must be
removed at the end of the sale.
(F) Garage sales may be conducted between the
hours of 8:00 a.m., and 6:00 p.m. only.
(G) Personal property may be exhibited or
displayed only within established
setbacks.
(H) No more than two (2) consecutive days are
permitted for any one garage sale.
(I) No more than two (2) garage sales may be
held from the same property within any
calendar year, with not more than two
(2) garage sales within a thirty -day
period.
(J) The garage sale permit must be
prominently displayed from the front of
the building from which such sale is
conducted.
(K) By making application for a garage sale
permit, accepting said permit and
conducting such sale, the owner or lessee
or the property to whom such permit is
granted authorizes any code enforcement
off icer of the City of South Miami to
enter upon the property for the purpose
of determining that such sale is being
conducted in accordance with the
provisions of section. In the event of a
violation of this any provision of this
ordinance, the Code Enforcement Officer
is authorized to initiate enforcement
proceedings before the Code Enforcement
Board.
13
Section 3. Should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder
thereof as a whole or any part thereof other than the part declared
to be invalid.
Section 4. All ordinances or parts or ordinances in
conflict herewith are hereby repealed.
Section 5. This ordinance shall take effect
after the date of the passage of this ordinance.
PASSED AND ADOPTED this day of , 1988.
APPROVED
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
13
To City Clerk April 8, 1988
I Elida Garcia request to be on the regular City
Commission agenda of April 19 to appeal the $500.00 fine
assessed reference my Building Permit for bathroom
renovation. Commission Meeting 7:30 P.M., 6130 Sunset Dr.
Elida Garcia Date
itness Date
f Y
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.
WHEREAS, the City Administration has imposed a $500.00
fine pursuant to Ordinance 25 -83 -1185 regarding home renovation at
6251 S.W. 42nd Terrace; and
WHEREAS, pursuant to Section 13 -1 of the Zoning Code, 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 , 1988.
APPROVED
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
i J
BakeryCentre
5715 Sunset Drive
South Miami, Florida 33143
(305) 662 -4155
April 5, 1988
Ms. Nayman
City of South Miami
6130 Sunset Drive
South Miami, F1.
33143
Dear Ms. Nayman,
I am writing to you in order that we may be placed on the agenda for
the upcoming April 19th City Commission Meeting.
Our topic will be the approval of a sign permit which would give us
an indefinite time frame in order for us to maintain a 10' x 20' sign
advertising leasing space.
Sincerely yours,
Roland Rodriguez
Operations Manager
RR: zan
Y Y 3
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 ACTING CITY
MANAGER REGARDING A TEMPORARY SIGN.
WHEREAS, the Acting City Manager has denied a request
regarding the extension of a temporary sign permit at the Bakery
Center; and
WHEREAS, pursuant to Section 13 -1 of the Zoning Code, 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 Acting City Manager pursuant to Section 6 -2 -2 of
the City Code is hereby denied.
PASSED AND ADOPTED this day of , 1988.
APPROVED
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORMS
CITY ATTORNEY
I «. �f
THE OFFICE VILLAGE CONDOMINIUM ASSOCIATION, INC.
April 11, 1988
Ms. Rosemary Nayman, City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: File # EV88 -047
Dear Ms. Nayman:
The Office Village Condominium Association would like to
request to go before the City Commissioners, on April 19,
1988, at 7:30 p.m.. This request is made in order to
appeal a decision made by the Environmental Review &
Preservation Board on April 5, 1988, regarding the removal
of rotten planters and replacing with T1 -11 at The Office
Village Condominiums, 7701 -7751 S.W. 62nd Ave., South
Miami, FL. 33143.
We would appreciate your putting us on the Agenda at this
time. Thank you for your consideration in this matter.
Sincerely,
FOR THE BOARD OF DIRECTORS
Kay Garbutt Adams, - Manager
THE OFFICE VILLAGE CONDOMINIUMS
cc: City Commissioners
Board of Directors
7
L. EB -88 -047. Removal of window planters
Applicant: Office Condo Assoc.
Address: 7701 -7751 SW 62 Ave.
Represented by: Kay Adams
The board reviewed and discussed the drawings presented
by the Applicant.
Mr. Hochstim asked the Applicant if the planters could
be replaced instead of removed.
The Applicant replied that the problem with the planters
is ` that the roof water runoff goes into the planter
which causes rotting. He said that the owners of the
building want the planters removed and the siding placed
on the building in the same position that the planters
now occupy. He said that there is metal and fiberglass
in the planters, at present; they have put drains in the
planters and the planters still rot.
Mr. Hochstim suggested that the bottom of the planter be
left open with a mesh inset, so that the water drains
through.
Mr. Saez asked if there is a gutter on the building.
The Applicant replied no.
Mr. Saez said removal of the planters will change the
whole appearance of the building.
Ms. Wilson suggested the Applicant put gutters on the
building.
The Applicant said that he went over some of this with
the owners of the building, and their problem was the
cost to repair and rebuild the planters.
Mr. Hochstim said that he would like to retain the
planters, as the removal of the planters would
definitely change the appearance of the building.
The Applicant said that the change to the building would
not be visible from the street.
Mr. Saez said that he disagreed with the Applicant.
Chairman Prentiss said that he agreed with Mr. Hochstim,
and the removal of the planters would change the spirit
of the building.
MOTION: Jan Hochstim moved for denial based on
the fact that removal of the planters
would change the character of the
building.
Diego Saez seconded the Motion.
Mr. Hochstim suggested altering the way of mounting the
planter boxes so that there would be positive drainage.
Mr. Saez said that instead of making the planters out of
metal, which rots wood, they must be flashed.
Chairman Johnson said that the owners of the building
must realize that the character of this building should
not be changed.
Vote: Approve Denial: 4 Oppose: 0
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, DENYING AN ADMINISTRATIVE
APPEAL FROM A DECISION OF THE
ENVIRONMENTAL REVIEW AND PRESERVATION
BOARD.
WHEREAS, on April 5, 1988, the Environmental Review and
Preservation Board (E.R.P.B.) denied a request regarding planters
at 7701 — 7751 S.W. 62nd Avenue; and
WHEREAS, pursuant to Section 11 -3 -5 of the Zoning Code, 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 E.R.P.B. of April 5, 1988 is hereby denied„
PASSED AND ADOPTED this _ day of , 1988.
APPROVED
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR