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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