05-03-88a
OFFiCIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
MAY 3RD, 1988
7:30 PM
A. Invocation
Next Resolution: 74 -88 -8089
Next Ordinance: 6 -88- =1301
Next Commission Meeting: 5 /17/88
B. Pledge of Allegiance to the Flag of the United States of America
C. It ms for Commission Consideration:
1. Approval of minutes of March 22rd,
. .City Manager's Report
3. City Attorney's Report
1988, regular City Commission meeting
ORDINANCES - SECOND READING AND PUBLIC HEARING: '.
(01 (:) -
4. 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)
RESOLUTIONS: n
5. A Resolution of the City of South Miami, Florida, appointing Chris Cooke -- Yarborough
as a member of the City of South Miami Code Enforcement Board and providing for h.is
term of office. (Mayor Porter)
6. A,Resolution of the City of South Miami, Florida, ppoint ng Chris Hansen as a
member of the Historic portion of the Environmental Review & Preservation Board
and providing for his term of office. (Mayor Porter),_,_ 0 ,
7. A Resolution of the Mayor and City Commission of h e City of South Miami, Florida,
adjusting all non - union employee sick leave to have conformity with the PBA and
AFSCME agreements. (Administrations ,
EL
8. YResolution of the Mayor and City Commission of theCfty of South Miami, Florida,
recognizing the designation of the birthday of Or. Martin Luther.Ki6Q,- Jr., -as an
official holiday for non -union employees of the City in conformity with PBA and
AFSCME employee agreements. (Administration)
ORDINANCES - FIRST READING:
none
REMARKS:
Appeal of ERPB decision of April 5t
Appeal of Building Permit Fee /Fine:
Appeal of Building Permit Fee /Fine:
//Appeal of Building Permit Fee /Fine:
DISCUSSION:
City Manager selection process
TABLED AND /OR DEFERRED:
none
3/5
3/5
3('5
3/5
h, 1988 re: Sound Desi n W rehouse sqn Pry.
John Marsa, 7631 S.W.-57th Avenue � r
Eliza eth Ptschelinz w, 5885 Sunset,orive
Frederick Knight, 5960 S.W.62nd Place
NOTICE IS HEREWITH GIVEN TO ALL INTERESTED PARTIES THAT IF ANY PERSON SHOULD
DECIDE TO APPEAL ANY DECISION MADE AT THE FORTHCOMING MEETING FOR WHICH THIS
AGENDA CONSTITUTES NOTICE, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS
CONDUCTED AT SUCH MEETING AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORDS INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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
more members" of the city commission, notice in
writing signed by such commission members 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 his the notice of a special meeting
S
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 special meeting shall show the manner and
method by which notice of such special meeting was
given, or shall show a waiver of notice. All
special meetings shall be open to the public and
shall be held in the city hall. For the purposes
of this paragraph, the leaving of a copy of notice
at the residence of the mayor or any commissioner
shall constitute service on such mayor and
commissioner.
(C). AGENDA. There shall be an official agenda fox-
every meeting of the commission which shall.
determine the order of ,business conducted at the
meeting. The commission 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) commissioners present at such
regular meeting. The agenda shall be prepared by
the clerk in appropriate form approved by the
commission. Matters may be placed on the agenda by
the mayor, city manager, any commissioner, and the
city attorney. A copy of the agenda shall be
delivered to each commissioner, 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 commission meetings
following the 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, Seca 2- 2.1(C).
PASSED AND ADOPTED this day of _, 1988.
APPROVED
MAYOR
ATTEST
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Deletion shown by - - - --
Additions shown by underlining
Passed on 1st Reading: 5/3/88
Passed on 2nd Reading:
RESOLUTION NO.---'42-88-8958 A
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING CHRISTOPHER COOKE - YARBOROUGH AS -A MEMBER
OF THE CITY OF SOUTH MIAMI CODE ENFORCEMENT BOARD
AND PROVIDING FOR HIS TERM OF OFFICE.
WHEREAS, the City Commission of the City of South Miami
made appointment to the Code Enforcement Board and one of those appointments,
by Resolution No. 42 -88 -8058, will not be able to serve; and
WHEREAS, the City Commission desires to have membership
on that Board filled to capacity. so that Board
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Christopher Cooke - Yarborough be and is
hereby appointed as a member of the Code Enforcement Board to serve in such
capacity until March 1st, 1989, to fill the term originally designated by
Resolution No. 42 -88 -8058.
PASSED AND ADOPTED this day of 1988.
APPROVED
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
4
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPOINTING CHRIS HANSEN
AS A MEMBER OF THE HISTORIC PORTION OF THE ENVIRON-
MENTAL REVIEW AND PRESERVATION BOARD AND PROVIDING
FOR HIS TERM OF OFFICE.
WHEREAS, there has been a resignation on the historic portion
of the Environmental Review & Preservation Board by Subrata Basu who is serving
on the Code Enforcement Board; and
WHEREAS the City Commission wishes to appoint Chris Hansen to
fill the unexpired term of Subrata Basu.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Chris Hansen be and is hereby appointed as
a member of the historic preservation portion of the Environmental Review and
Preservation Board to fill the unexpired term of Subrata Basu who is serving on
the Code Enforcement Board.
PASSED AND ADOPTED this day of , 1988.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADJUSTING ALL NON -UNION
EMPLOYEE SICK LEAVE TO HAVE CONFORMITY WITH THE P.B.A.
AND A.F.S.C.M.E. AGREEMENTS.
WHEREAS, The City Commission has approved to reimburse
employees for unused sick leave when they retire or resign, in
accordance with the following schedule:
Date of hire to five (5) years of service ................. 0%
Five (5) years to ten (10) years of service .............25$
Ten (10) years to fifteen (15) years of service .......... 50%
Fifteen (15) to twenty (20) years of service ........... 75%
Over twenty (20) years of service.. ....... .... .100%
of union employees; and
Whereas, the City Commission wishes to have all other non -union
City employees have the same sick leave plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That all non -union City employees shall receive the
same sick leave plan as accepted by the City in regard to P.B.A.
employees and A.F.S.C.M.E.
PASSED AND ADOPTED this day of , 1988.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RECOGNIZING THE DESIGNATION
OF THE BIRTHDAY OF OF DR. MARTIN OUTHER KING, JR., AS AN
OFFICIAL HOLIDAY FOR NON-UNION EMPLOYEES OF THE CITY IN
CONFORMITY WITH PBA AND AFSCME EMPLOYEE AGREEMENTS.
WHEREAS, the City Commission has approved the holiday of
Dr. Martin Luther King Jr.'s birthday for union employees; and
WHEREAS, the City Commission wishes to have all non- union City
employees have the same holiday off.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That all non- union City employees shall receive
Dr. Martin Luther King Jr.'s birthday as a paid holiday as accepted by the City
and as provided in City employees union contracts. -
PASSED AND ADOPTED this day of 1988.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS'TO FORM:
CITY ATTORNEY
_. —
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, 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 a
pole
sign at 6460 - 6470 South Dixie Highway; 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
MAYOR-
ATTEST;
CITY CLERK
READ AND APPROVED AS TO FORM;
CITY ATTORNEY
April 12, 1988
Office of the Mayor
City Commissioners
amity of South Miami
6130 Sunset Drive
South Miami, FL 33143
Dear Sirs:
I wish to appeal the decision of the Environmental Review Board, who turned
down the proposal for a pole sign on April 5, 1988. The sign was to be located
at 6460 -6470 S. Dixie Highway in South Miami. The applicant is Sound
Warehouse who was represented by Acolite Sign Company of Miami.
Please enter this appeal and notify us of the fee involved for the appeal and
the next council meeting which we may attend.
Thank you for your consideration of our appeal.
Regards,
erri Wilson
Sign Buyer
10911 Petal Street • Dallas, Texas 75238 •214- 343 -4700
EB -88 -046. Detached Sign
Applicant: Sou=nd Warehouse
Address: 6460 -70 South Dixie Hwy.
Represented by: Acolite Signs, Co.
Mr. Hochstim said that he -had no direct involvement
with this project, but since he is still bound by the
contract with the owner, he would _excuse himself citing
Conflict of Interest.
Chris Mann, representative of Acolite Sign Co., signed
in and addressed the Board.
Mr. Saez said that, as he recalled, the signage and
everything was considered in the preliminary. He said
that he thought that he asked, at that time, if there
was going to be any other signage, and the answer was
no
Chairman Johnson and 'Mr. Saez said that the building
became a sign.
Mr. Saez and Chairman Johnson agreed that there is not a
need for more signage.
MOTION: Susan Wilson moved for denial
Diego Saez seconded the Motion.
Vote • Approve Denial c 3 Opposer 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
ADMINISTRATION REGARDING A BUILDING
PERMIT FINE.
WHEREAS, the City Administration has imposed a $160.00
fine pursuant to Ordinance 25 -83 -1185 regarding a building permit
at 7631 S.W. 67th Avenue 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
April 26th, 1988
I John Marsa, request to be on the regular City Commission
agenda of May 3rd, 1988, to appeal the $160.00 quadruple fee
assessed reference my two Building Permits for Electrical Work.
Commission Meeting at 7:30 P.M., 6130 Sunset Drive.
/ a
Marsa Date
tness Dat
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 a building
permit
at 5885 Sunset Drive; 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
April 14, 1988
To City Clerk:
I Elizabeth Ptschelinzew, of Alexander Hair Design located
at 5885 Sunset Drive, request to be placed on the agenda
of the May 3, regular City Commission meeting at South Miami
City Hall, 6130 Sunset Drive 7:30 P:M., to appeal the $500.00
fine assessed reference my building permit for remodeling.
IJ0
Eli abet Ptsche ze Date
W'tness Date
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 a building permit
at 5960 S.W. 62nd Place 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
e
April 19, 1988
To City Clerk
I Frederick Knight request to be on the regular City Commission
agenda of May 3td, 1988 to appeal the $500.00 fine assessed
reference my Building Permit for utility construction.
Commission Meeting at 7:T0 P.M., 6130 Sunset Drive.
r e d e ri s Knight Date
l i. ness Date