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08-02-88OFFICIAL AGENDA CiTY OF SOUTH MIAMI 6130 Sunset Drive REGULAR CITY COMMISSION MEETING Next Resolution: 130 -88 -7044 AUGUST 2ND, 1988 Next Ordinance: 10 -88 -1304 7:30 P.M. Next Commission Meeting: 8/16/88 A. INVOCATION B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ITEMS FOR COMMISSION CONSIDERATION: 1. Approval of Minutes:y a. April 5th, 1988 regular City Commission meeting b. July 19th, 1988, regular City Commission meeting c. July 26th, 1988, regular City Commission meeting 2. City Manager's Report 3. City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING: NONE RESOLUTIONS: 1 e 4. A Resolution authorizing the Interim City Manager to appropriate and expend 4/5 funds to correct a contamination discharge pro lem at the public works site. /► {Administration) 5. A Resolution requesting the appointment of Catherine McCann to the Metropolitan 3/5 Planning Organization. � � (Mayor Porter) 6. A Resolution directing that a non-permitted vacation leave accrued b City 4 5' 9 P Y Y / personnel be paid at a rate as that in effect at the time of accumulation. (Commissioner McCann) ORDINANCES FIRST READING: �® r e 1 th 7. An Ordinance amending the Permit Fee Schedule of the City to delete a fee for 3/5 the painting of single family residences. (Commissioner McCann) REMARKS: I. Sound Warehouse, 6460 South Dixie Highway, appealing a decision of the ERPB on July 19th, 1988, relative to an additional wording of "Music & Movies" on the side of the building which faces S.W. 80th Street. II. Audio Plus, 6214 South Dixie Highway, pealing a decision.of the ERPB on July 19th, 1988, relative to signage for their building. III. Tanis Figuerola, 5811 S.W. 88th Striet, appealing an administrative for demolition of a wooden shed without a permit. IV. Bakery Centre, 5715 Sunset Drive, appealing an administrative decision regarding denial of extension of temporary sign permit and discussion of what signage would be permissable for that Planned Unit Development. DISCUSSION: Sylva G. Martin Building and land area for eventual historic designation �i RESOLUTION N0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO APPROPRIATE AND EXPEND FUNDS TO CORRECT A CONTAMINATION DISCHARGE PROBLEM AT THE PUBLIC WORKS SITE. WHEREAS, the State, Department of Environmental Regulation has received an early detection notice from the City of South Miami in regard to a contamination problem at the public works site; and WHEREAS, the Mayor and City Commission wish to correct the problem by authorizing the Acting City Manager to enter into an agreement with Service Station Aid, Inc. to correct the situation at the site. 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 execute an agreement with Service Station Aid, Inc. off government bid numbers 1185, 88731 and 88383 in the amount of $ in order to correct the situation at the site in accord with all State regulations. Section 2. That funds for the agreement shall be expended from account number entitled PASSED AND ADOPTED this day of _ ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm \pubworks.res APPROVED MAYOR , 1988. RESOLUTION NO. A RESOLUTION OR THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REQUESTING THE APPOINTMENT OF CATHERINE MCCANN TO THE METROPOLITAN PLANNING ORGANIZATION WHEREAS, the Metropolitan Planning Organization has been created in connection with the need to insure roads and other public transportation needs are addressed in a manner consistent with long - range - planning goals of the community; and WHEREAS, the Mayor and City Commission of the City of South Miami, Florida seek the appointment of Commission Catherine McCann to the Organization. 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 request that Governor Bob Martinez appoint Commissioner Catherine McCann to the Metropolitan Planning Organization. Section 2. That the City Clerk is hereby directed to send true copies of this Resolution to all appropriate public representatives, including the Office of the Governor. PASSED AND ADOPTED this day of , 1988. APPROVED MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm \planorg.res 5 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION DIRECTING THAT ALL NON PERMITTED VACATION LEAVE ACCRUED BY CITY PERSONNEL BE PAID AT A RATE AS THAT IN EFFECT AT THE TIDE OF ACCUMULATION. WHEREAS, City Personnel Regulations provide for vacation leave at Chapter XII, Section 12.3 (a); and WHEREAS, the Mayor and City Commission wish to correct past non - compliance with these provisions by allowing previously non - permitted extended time to become permitted, extended vacation leave upon the condition that any pay -out of such time be made at the rate of pay in effect at the time of accumulation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA Section 1. That for all employees listed on schedule "A" attached hereto, the amount of accrued vacation time shall be permitted at the rate of pay at which it was accumulated. Section 2. That nothing in this resolution shall modify or amend any provision in any prior or existing union employment agreement as the same may address the issue of accrued vacation leave. PASSED AND ADOPTED this day of , 1988. APPROVED' MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm\vacation.res (0 t NAME DEPT /DIVISION HOURS X PAY /RATE $ AMT. Robert Alexander Sanitation 24 X 7.150 171.60 Rudcie Bryant of 94 X 7.364 692.22 Willie Brown B1dg.Maintenance 19 X 7.263 138.00 Curtis Brant P/W Streets 422 X 7.262 3064.00 Arthur Cummings P/W Parks 3611 X 8.607 314.16 George Greene P/W Motor Pool 265 X 9.390 2493.00 Alvin Hannah Sanitation 235 X 7.057 1658.00 Walter Johnson " 252 X 8.993 2266.00 Sammie Lathan it 57311 X 10.158 5825.61 Frank Robinson if 147 X 8.505 1250.00 Amos Salter to 160 X 6.296 1007.36 Rudolph Simmons " 105 X 8.607 903.74 Willie Singletary " 247 X '8.607 2125.93 Ogyes Wilkins P/W Parks 106 X 5.558 589.15 Pascula Velayguez " 227 X 5.890 1337.03 Oliver Edwards Police 130 X 8.709 1132.17 Kathleen Compton Office Services 97 X 10.673 1035.28 1 GRAND TOTAL 21918.89 FICA 1646.00 WORKMEM COMP. 550.00 TOTAL CASH PAY —OUT 24114.89 ORDINANCE N0. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE PERMIT FEE SCHEDULE OF THE CITY TO DELETE A FEE FOR THE PAINTING OF SINGLE FAMILY RESIDENCES. WHEREAS, the City of South Miami has adopted fee schedules regarding work to be performed in the City; and WHEREAS, the Mayor and City Commission wish to allow the painting of single family residences by permit but without a fee being assessed. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the fee for a permit for the painting of single family residences in the City is hereby reduced to: $0.00. PASSED AND ADOPTED this day of , 1988. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION N0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING AN APPEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD. WHEREAS, the Environmental Review and Preservation Board (E.R.P.B.) has denied a request by Sound Warehouse for a sign at their meeting of July 19, 1988 and WHEREAS, the Applicant wishes to appeal the decision to the City Commission. 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 the decision of the E.R.P.B. regarding the sign is hereby denied. PASSED AND ADOPTED this day of , 1988. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sm \environ.2 DRAFT MINUTES E.R.P.B 7/19/88 I. EB -88 -127. Sign. Applicant: Sound Warehouse Address: 6460 S. Dixie Hwy. Represented by: Acolite (Chris Mann) Jan Hochstim excused himself citing a Conflict of Interest. The Board reviewed and discussed the drawings presented by the Applicant of the two signs to be placed on the wall. There was _a general discussion of the signs that have already been approved for this building. The Applicant said that they are requesting the addition of "Music and Movies" at 18" on the side of the building that faces 80th Street and the addition 'of 22'" "Music and Movies" and 36" "Sound Warehouse" on the Dixie Highway side of the building. Chairman Johnson said that he would never approve the 36" "Sound Warehouse ", and he has a problem with the 12" "Music a.nd Movies ". He said that he has no problem with the 18" "Music and Movies ". Ms. Rosebraugh and Ms. Rubin- Wright agreed with Chairman Johnson. MOTION: David Johnson moved that the "Sound Warehouse" on the north elevation remain 24" as previously approved and that "Music and Movies" on both elevations be 18" high and that both "Sound Warehouse" signs be properly located on the facade as determined by the Architect. Doris Rosebraugh seconded the Motion. Robert Haggard, Sound Warehouse, requested that Sound Warehouse be permitted to place a circle of neon around the circle which is incorporated on the colonnade. There was a general discussion of the illumination of the disk on the colonnade, the colors which are yellow and blue and the lettering, which are to be channel letters. There was a question as to whether or not the disk could be approved at this time. City Attorney Dellagloria said that the item on the Agenda states Sound Warehouse sign, and if the disk is part of the sign, he does not see any problem in the Board considering this. MOTION: David Johnson amended the Motion to include neon illumination around the relief of the circles, in the center of the building, on both elevations. Joseph Shaw seconded the Motion. Vote: Approve: 4 Oppose: 0 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION DENYING AN ADMINISTRATIVE APPEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD. WHEREAS, on July 19, 1988, the Environmental Review and Preservation Board (E.R.P.B.) denied a sign request from Audio Plus in regard to a neon sign; and WHEREAS, pursuant to Section 11 -3 -5 of the Zoning Code, the Applicant desires 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 July 19, 1988 is hereby denied. PASSED AND ADOPTED this day of , 1988. APPROVED MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ar sm \environ.l DRAFT MINUTES E.R.P.B. 7/19/88 G. EB -88 -061. Neon signs. Applicant: Audio Plus Address: 6214 S. Dixie Highway' Represented by: Barbara Ilvento (Bengis) Chairman Johnson said that he has no problem with "JBL" and "Pioneer" since the -y will be located in the arcade, but he does have a problem with the scale of "Hi Fill and "Stereo ". Mr. Hochstim said that he thought this sign would be redundant and an overkill. MOTION: Jan Hochstim moved for denial for the "Hi Fi" and "Stereo" neon signs in the window and approval of the "JBL" and "Pioneer" signs. David Johnson seconded the Motion. Ms. Rosebraugh suggested that the Applicant reduce the size of the "Hi Fill and "Stereo" signs, as she felt that a sign is needed in the window. Mr. Shaw said that he would not object to "Hi Fill and "Stereo ", if it were designed in scale to be seen from the parking.lot, which would be approximately a 6" to 7" sign, but he does object to the 24" height of the sign. Chairman Johnson said that he believed that the Board had previously stipulated to the Applicant that the words "Hi Fill and "Stereo" should be no greater than 10" high, and he would not mind the words being 10" high. Vote: Approve Denial of "Hi Fill and "Stereo ": 4 Oppose Denial: 1 (D. Rosebraugh) The Board approved "JBL" and "Stereo ". %era✓- k 5 z UD10 STEREO COMRONENTS 6214 SOUTH DIXIE HIGHWAY • SOUTH MIAMI, FLORIDA 33143 • PHONE (305) 662 -4971 duly 19, 1988 losemary Jordan Nayman :ity Clerk ity of South Miami i130 Sunset Drive South Miami, FL. 33143 RE: Appeal for sign permit I would like to request a hearing for a sign permit. The_ERPB has turned down my request, but I feel entitled to a hearing to determine if I.can use an existing neon sign and to have another one fabricated to display in my stereo storefront window. Thank you for your consideration with this request. Sincerely, Michael Marshak, owner Audio Plus MM %da 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 quadruple fee of $80.00 pursuant to Ordinance 25 -83 -1185 - regarding a building permit at 5811 S.W. 88th Street; 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 July 21, 1988 t Tania Figuerola, request to be on the regular City Commission agenda on August 2, 1988, to appeal the quadruple fee of $80.00, for demolishing wood shed at 5811 S.W. 88th Street. The Commission meeting will be held at 1:30 P.M. 6130 Sunset Drive, Commission Chambers. Tania Figuerola, Date L tness Date CC: Bldg. Dept. City Clerk CITY OF SOUTH fvllA PERMIT _ BUILDINS AND ION" _— REV.O 6. 8-79 No. / p/ i� FOLIO NUMBER: _ TYPE OR PRINT SUIL'DING PERMIT APPLICATION " ° ° "14CAVYFLI`NESNs10E 1(. ?EL N0. MAIL. ADDRESS 1� - \,+ lit .7`:.!i C• -- ._.__. BUILDING CONTR._ -_,,_l J' sue TEL VAIL ADDRESS ARCHITECT ENGINEER LEGAL DESCRIPTION OF JOB: LOT NO. BLOCK NO. — SUBDIVISION SEC. Twp. RGE. i OwNl•.BVILOER OUALIFIED Y N CHECKEO Br RE0 CARD [LtV. SURY. DRAINAGE PLAN MIR. ►L. ELE• R[ Q• D,�T_N_ R TWO.. Y_N_CHtC RED {PROJ.)�.r �N�ABOYE •ELLOIN NUMBER CONCRETE CARD - Y N TESTS REQUIRED ENG. PILE DRIP. S UI(R.�V �N�SY ►[R.�r�N_OT N[R GROUP AND TYPE CONTRACTOR DIVISION CONS?. DUAL. TO ►UILD_V_a_ P RCr AI{ UNITS - SMOP CMGS. SEAL ► ►►RDVt D_Y_„�N_�R E O UI IIEO Y._�N_REoo._.Y —N_ .LOT S SQUARE COYER. FEET OR - THIS PERMIT INCLUDES. DATE. METES 6 BOUNDS P.B. 8 PAGE N0: E$TIMATEO VALUE Ft[ `- ` bV cam' S- n 7 •IDG, 1 '�C S STREET ADDRESS OF. JOB `• ACCESSORY BLOC.. n tEC14ANICAL LOT SIZE SURVEY ATTACHE01 LOT STAKED} ROOF Lei PRESENT USE (VACANT, OR NO OF BUILDINGS AND USE OF EACH.) PENCE n POOL n PAYING n SOAKAGE PIT_-, 1 MER01 MARE APPLICATION FOR PERMIT TO ERECT II ALTER DEMOLISH ADD r•S ![PAIR V REMOVE D _ REMODEL A ST OR I R£ S DE NT SAL COMMERCIAL_ P41MT I�. TOTAL BLDG. S = s c VALUE B FEES Roof STAUCTURE WTIM CBS ® fIt AME ® OTHER CONSTRUCT toot OCCUPANCY PERMIT FEE • FOR THE FOLLOWING SPECIFIC USE AND OCCUPANCY r S OTAL AMOUNT DUE CUBE ZONE REQUIRED OFFICIAL HWY. WIDTH • Additional i1RIN6 ahoNrn on thR plain and Covst►d by this permit: WALL Q f£NCt LI PAVING.0 SCR. ENCL.a POOL 0 SOAKAGEPTI C PAINT DEDICATED WIDTH w qo. OF N0. Of NO. Of HOTEL ..YINi UNITS BEOR OOHS ST OR£ UNITS PERMIT NO. LOT DIMENS• LOT AREA PATER Co. DEED REST-it i RESOLUITONS CHEtxro Y - N NAM, DR - OLL.UTION WELL ♦ERM17 NO, F UNDERSTAND THAT SEPARATE PERMITS MUST It OBTAINED ►OA THE FOLLOWING ITEMS, PROOF or p UNLESS SPECIFICALLY COVERED BY THIS PERMIT: ELECTRICAL, ►LUMBINS, SEPTIC TANK, WELL. 11£AT,R, AIR CONDITIONING, SOAKAGC PITS, OWNERSHIP CHECKED BY •OILERS. SIGNS, ELEVATOR$, FENCE, SCREEN [NLLOSVRt3. WALL, PAYING. AND POOL; AND THAT IN SIGNING TM4$ APPLICATION, R i AM RES►ONSIBC[ FOR THE SUPERVISION iND. COMPLETION Of TH[ CONSTRUCTION IN VIOLATIONS �G,�ORDAt�i` WITH THE ►I ANS SPECIFICATIONS AND FOR COMPLIANCE WITH ALL fED- [!R 31liE�ND COU NTT IA+NS LIC►RL,. CHECK: CHECKED BY DATE _ \ a _ CONTR. CERT. i 'Si jnarm7c of contropor tQuolifier) or Ou-aer•BuilderOnly) NUMBER CLASS CHECKED BY WITNESS (CCERt) 41 I• 6 > DATE ACCEPTED' BY DATE :� '- /, N('1 0114�UNDER WHICH APPROVED I 1 L FAILURE TO COMPLY WITH THE MECHANICS LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENT APPROVED DATE. DISAPPROVED 'ONING TRUCTURAL ; p 'LUMB ING LECTRICAL tEC14ANICAL I 1 L FAILURE TO COMPLY WITH THE MECHANICS LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENT s r a -..- a- ,. �• ;r. ..: �a Tai= wx..�_._.� � � ��.q.• -cy t l ��.�� .' _ _ _ .��. _r ?`-�_.-.. �..► ri. .�,�� F?S% ,J1;IJ.i INO. A RESO'LU'TION OF THE I'AYOF AXD CITY CJ '-',a ISSION OF THE CITY OF SOUTH MIr.'•SI, FLORIDA, D hYl %'G AN' AD:':I..+ISTR.;TIhE APPEAL R?.GARDI"G A TEMPO ?ARY SIGn. „i' a S1 n s d P n C o r 1e :iER AS, the Acti''1R City ,n,.3Fe !�? _ � a Fq es,, o`; t ° Baker? Center for an ext °nsion of its t,.riporary sign oer -nit, and WHEREAS, the Applicant v1shes to appeal this decis_on. to the City Commission. ':OW, THER =FORE, EE IT R= SOLVED BY T::E 'MAYOR A''S THE CITY CO' IMISSIO N OF THE CITY OFF SOUTH !'IAMT, FLORIDA Section 1. That the aDoeRl of the apolicsnt :or ar exter:sion of a temporary sign permit is hereby denied. PASSED AND ADOPTED this day of APPROVED: ATTEST: M"A YOR CITY -CLERK m � t READ AND APPROVED,AS TO FORFj: CITY ATTORNEY CHU of South Miami 1.4:1) Sun,.et Drat. Fit•nd-: 1,141, I�lr _lh�j t ii\ \I \\ \• . July 19th, 1988 Mr. Roland Rodriguez Operation Manager Bakery Centre 5715 Sunset Drive South Miami, Florida 33143 Dear Mr. Rodriguez: Upon review of your request for 90 days renewal of your temporary sign, according to the Code of Ordinances of the City of South Miami, temporary sign: special sales for new business signs can be issued for thirty (30) days only. Your letter of request for renewal is denied. According to City Ordinances you have the option to appeal this Administrative decision to the Commission. If you choose to do so please notify the City Clerk, Rosemary Nayman. The sign must be removed after July 20th, 1988. Sincer William F ampton Interim ty Manager WPH /amg cc: City Clerk, Rosemary Na n "City of Pleasant Living" Y n m r EXCERPT MINUTES E.R.P.B. 7/21/88 DISCUSSION 7. Remarks. Susan Perry— Redding said that the Sylva Martin Building still needs a site survey and a legal escription. She said that without a decision as to how much land is needed around the site, there cannot be a site survey or legal description. Ms. Redding_ said that she would like to follow —up on this now. She said that she agrees with Mr.'Hochstim's suggestion to take the land all the way to the street. She said that in the future, if the City wished, the City could take the land back. The Board was in agreement to_go -ahead with designation of the Sylva Martin Building. The Board recommended to the City Commission that the entire northwest corner of the City Hall property be designated along with the Sylva Martin Building. Ms. Rosebraugh advised the, Board that at the City Commission meeting of June 7, 1988, Sound Design's request for a pole sign Was approved over riding this Board's recommendation. She said her argument is that the Commission had grounds to deny this request on the basis of aesthetics; which is what this Board is all about. The Board was in agreement that the Board's function is to judge on the aesthetic qualities of the request. Chairman Johnson said that he got the impression that comments had been made by one of the Commissioners that there had been complaints from the public what the Board is doing. He said that the specific comments had not been told to the Board, publicly, which he thinks they should be. C��?iSS h�S r k� f .;. i"`�' "i4'- a<,,Z.r •� 1 .,t4}'� Ash �� MTmffmTfT T77 '14 - n a� n ti ; tF ..,1r ..,•y�,t s i m�.mR au ea N km. A ti •. , "Lv- i r � tx tw ri s r. e