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1a1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PT29 City of South Miami Regular City Commission Minutes April 4, 2011 The City Commission of the City of South Miami, Florida met in regular session on Monday, April 4, 2011, beginning at 7:26 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, and, Commissioners Velma Palmer and Walter A. Harris. Commissioner Brian D. Beasley was absent. Also in attendance were: Acting City Attorney Thomas F. Pepe, City Clerk Maria M. Menendez and City Manager Hector Mirabile. B. Moment of Silence: By Commissioner Palmer. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. D. Presentations(s) Recoanizinq Board Members Former Planning Board Members, C. David Morton and Brenda Yates were presented with plaques recognizing their extraordinary contribution to the City during many years of voluntary service. With no further presentations this section was closed. 1. Approval of Minutes Minutes of March 1, 2011 Minutes of March 15, 2011 CITY COMMISSION MINUTES April 4, 2011 1 I Moved by Mayor Stoddard, seconded by Commissioner Harris, 2 the motion to approve the minutes of March 1 and March 15, 2011 3 passed by a 4 -0 vote: 4 5 Commissioner Palmer: Yes 6 Vice Mayor Newman: Yea 7 Commissioner Beasley: Absent 8 Commissioner Harris: Yea 9 Mayor Stoddard: Yea 10 11 2. City Manager's Report (25 minutes) 12 13 (See attached report) 14 15 Commissioner Palmer reported that there are stray dogs all 16 over the City causing fear among residents, particularly 17 children. 18 19 The consensus of the Commission was against the 20 installation of the red light cameras in our City. 21 22 With some further comments the City Manager's Report ended. 23 24 3. City Attorney's Report 25 26 Acting City Attorney, Mr. Pepe reported that he has been 27 reviewing various contracts with staff and helping them with all 28 legal issues that they have; now he is working on the 29 Southeastern Investments case that is going to trial in June, 30 and he is working with an expert to prepare for trial; on the 31 Balogun case, he said that he is working on strategy and is also 32 setting up a mediation tentatively for June; he is also 33 reviewing the parking garage lease at the request of the City 34 Manager and the Planning Department; and he is reviewing the 35 South Miami Hospital case to determine compliance with the 36 Development Agreement. 37 38 With no further comments, the City Attorney's Report ended. 39 40 PUBLIC REMARKS 41 ( 5 minutes) 42 43 Javier Banos addressed the Commission regarding the 44 proposed amendments to the pension ordinance on the agenda. 45 46 David Morton referred to item no. 21 on the agenda 47 regarding the definition of `story" in a building. He said that 48 he would be bringing some graphics at the second reading of that CITY COMMISSION MINUTES 2 April 4, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 BTE9 ordinance so that he may be able to put it in a visual perspective so that it may help to understand how it will affect future projects in the City. Cal Rosenbaum also addressed the Commission regarding item no. 21, saying that the way is drafted could create significant problems for all parties involved; he said that provisions for height limitations are already in the Code. Bob Welsh referred to the property located at 6200 Sunset Drive, calling it the case of the "missing storefront ", suggesting revising the appeals that the City lost and maybe our new City Attorney can resubmit an appeal and try to get this case overturned and have the decision issued by the court in favor of our City. Donna Shelley spoke about item no. 5 on the agenda relating to the interim parking garage, saying with concern that if the permit is denied tonight she did not know where 150 people would park their cars the next morning. Sharon McCain thanked Dr. Mirabile for getting the ADA compliance with FP' &L; she said that we really need police presence at the intersections of USl and 62, 67 avenues, as well as Sunset and 58 Avenue, and even Red Road; she requested the status regarding the street naming for former Mayor McCann; she is in support of underground lines; and with regard to item no. 21, she said that the proposed ordinance does not address the real citizens' concerns with building heights. Annick Steinberg, a member of the Farmers' Market Committee thanked everyone who has contributed to make the Market a success; she said that people are coming from very far away to the Market every week. John Edward Smith requested clarification for the five - fifth vote required for item no. 7 on the agenda relating to "Business Outside of a Building." He then said that he concurs with the City regarding item no. 23. With no further speakers this section was closed. At this time the Mayor announced a 5- minute recess. 4. Commission Reports, Discussion & Remarks (25 minutes) Commissioner Harris n Said that starting April 30th, the Community Center will be showing free movies; CITY COMMISSION MINUTES April 4, 2011 3 M ant 1 o He referred to the 1985 agreement between the City and 2 the South Miami Hospital, where the Hospital would be 3 paying the City $150,000 a year for landscaping and 4 other things - he said that it is about time that we 5 revisit that old agreement; 6 • He referred to the tsunami that hit Japan a few weeks 7 ago leaving death and destruction in its path - urging 8 residents to come together by donating money so that 9 we can send to a Sister City in that country. 10 11 Vice Mayor Newman 12 ® Said that she would be providing the contact with a 13 Japanese resident who would be an excellent resource 14 since she was part of the Sister Cities Program with 15 the City of Miami; 16 i She said that the residents of Manor Lane have asked 17 that we hold a workshop with the Hospital and with the 18 businesses along Manor Lane to discuss possible 19 closure of that street or different options; she also 20 said to invite Commissioner Gimenez to the Workshop; 21 @ She urged Commissioners to submit their applicants for 22 the Budget and Finance Committee so that the Committee 23 can be established at the next Commission meeting. 24 25 Mayor Stoddard: 26 • Had contact with residents regarding the issues in 27 Japan and whether there is potential parallels for 28 South Miami - there is no emergency plan on file with 29 the County that covers the City of South Miami, and 30 this is a significant problem; 31 ® In a couple of years we have a potential renewal of 32 the franchise agreement with FP &L; in that agreement 33 there is a 5.5% tax called the franchise fee; they 34 will be seeking a 30 -year agreement with the City 35 that will allow them to charge residents and 36 businesses roughly a 6% tax and return that money to 37 the City with no chance for changing it for 30 years; 38 he said that franchise agreements are optional, so by 39 not renewing the agreement the City will be able to 40 protect its sovereignty; he said that he will be 41 coming back with a resolution sometime in the near 42 future asking staff for alternatives for replacing 43 that revenue stream; 44 • Said that the Commission needs to set a date for 45 reviewing the attorneys' applications; 46 • Referred to a letter received from an elderly 47 resident who reported that one day when she tried to 48 drive out of her neighborhood she ran into a crowd of CITY COMMISSION MINUTES 4 April 4, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 mTgq middle school students walking down the middle of the street and even pounded on her car, forcing her to drive on the grass to get away from them; he asked the City Manager to look into this; ® 62nd Avenue side walk on one side of the street is full of utility poles - Mr. de la Torre said that according to Florida Statutes, as long as one side of the street is in compliance with ADA, then it is ok; ® Regarding the 5/5 vote on item no. 7 on the agenda - Mr. Pepe said that the proposed ordinance is not for increasing the use of the property, so it should only require a 3/5 vote instead. With no further comments this section was closed and the Mayor announced a 5- minute recess. +% 5. A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20- 4.4(J) of the Land Development Code for Special Use Approval to locate an Interim Parking lot at 7150 -7160 SW 62 Avenue within the "TODD (MU -5)" Transit Oriented Development District (Mixed Use 5) Zoning District; and providing an effective date. 4/5 (City Manager- Planning Dept.) Moved by Mayor Stoddard, seconded by Commissioner Harris to approve this item. At the request of the applicant and with no further comments, the motion to defer this item passed by a 4 -0 vote: Commissioner Palmer: Yes Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea • i • 6. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Chapter 7 of the Code of Ordinances of the City of South Miami to CITY COMMISSION MINUTES April 4, 2011 5 711aTt I remove the wording South Florida Building Code and 2 adopting the Florida Building Code and all other codes 3 adopted by the Florida Building Code as the city codes 4 together with all amendments thereinafter made, and 5 all subsequent editions, to said codes; providing for 6 severability; providing for ordinances in conflict; 7 providing an effective date. 3/5 g (City Manager - Building Dept.) 9 10 Moved by Commissioner Harris, seconded by Mayor Stoddard to 11 approve this item. 12 13 Mr. Pepe said that he reviewed these ordinances based on 14 prior procedure; however, when it comes to the "effective date ", 15 the Charter says that all ordinances do not become effective 16 until ten days after they have been adopted. Then, all 17 ordinances should provide for the "effective date" ten days 18 after adoption. 19 20 Moved by Mayor Stoddard, seconded by Vice Mayor Newman to 21 amend the ordinance by revising the "effective date" section as 22 recommended by the City Attorney in order to comply with the 23 Charter, the motion to approve this item as amended and as a 24 whole passed by a 4 -0 vote: 25 26 Commissioner Palmer: Yes 27 Vice Mayor Newman: Yea 28 Commissioner Beasley: Absent 29 Commissioner Harris: Yea 30 Mayor Stoddard: Yea 31 32 33 7. An Ordinance of the Mayor and City Commission of the 34 City of South Miami, Florida, amending the Land 35 Development Code by deleting Section 20- 3.1(E) 36 entitled "Business Outside a Building ", inserting new 37 Section 20 -3.6 (V) to be entitled "Commercial Activity 38 Conducted Outside of a Building" in order to provide 39 regulations for allowing for outside merchandise 40 display on private property and public sidewalks; 41 establishing limitations on type, location and extent 42 of outside merchandise display; providing a process 43 for obtaining permits; and providing for exceptions 44 for certain permitted uses; providing for 45 severability; providing for ordinances in conflict; 46 and providing an effective date. 3 -5/5 47 (City Manager - Planning Dept.) CITY COMMISSION MINUTES 6 April 4, 2011 mTgm 1 Moved by Mayor Stoddard, seconded by Vice Mayor Newman to 2 approve this item. 3 4 Moved by Mayor Stoddard, seconded by Vice Mayor Newman to 5 amend the ordinance by revising the "effective date" section as 6 recommended by the City Attorney in order to comply with the 7 Charter, the motion to approve this amendment passed by a 4 -0 8 vote: 9 10 Commissioner Palmer: Yes 11 Vice Mayor Newman: Yea 12 Commissioner Beasley: Absent 13 Commissioner Harris: Yea 14 Mayor Stoddard: Yea 15 16 With some further comments, the motion to approve this item 17 as amended passed by a 4 -0 vote: 18 19 Commissioner Palmer: Yes 20 Vice Mayor Newman: Yea 21 Commissioner Beasley: Absent 22 Commissioner Harris: Yea 23 Mayor Stoddard: Yea 24 25 At this time item no. 12 on the Consent Agenda was pulled 26 for discussion (now item no. 14) 27 28 (BEGINNING OF CONSENT) 29 30 51 -11 -13365 31 8. A Resolution of the Mayor and City Commission of the 32 City of South Miami, Florida concerning an application 33 pursuant to Land Development Code Section 20- 4.3(N) to 34 permit the installation of a banner over Sunset Drive 35 to promote the Food and Garden Festival, a fund 36 raising event to be held at Fairchild Tropical Botanic 37 Garden April 30 -May 1, 2011; providing for an 38 effective date. 3/5 39 (City Manager - Planning & Zoning Dept.) 40 41 52 -11 -13366 42 9. A Resolution of the Mayor and City Commission of the 43 City of South Miami, Florida, authorizing a transfer 44 of $4,572.75 from Account No. 001 -1320- 513 -2210, 45 Pension Plan Contribution, to Account No. 001 -1320- 46 513 -2220, ICMA Deferred Compensation, for $4,572.75; CITY COMMISSION MINUTES 7 April 4, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 BT29 providing an effective date. 3/5 (City Manager- Finance Dept.) 53 -11 -13367 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing a transfer of $6,720.00 from Account No. 001- 1330 -513 -2210, Pension Plan Contribution, to Account No. 001 -1330- 513 -2220, ICMA Deferred Compensation, for $3,712.00, and to Account No. 001 - 1330 - 513 -5210, Supplies for $2,648.00 and to Account No. 001 - 1330 -513 -5410, Memberships and Subscriptions for $360.00; providing an effective date. 3/5 (City Manager- Finance Dept.) 54 -11 -13368 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, declaring that the attached list of personal property is "surplus" and authorizing the City Manager to sell the "surplus" items at auction; and providing an effective date.3 /5 (City Manager- Finance Dept.) 55 -11 -13369 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to boards and committees; appointing Lillie F. Harris to serve on the Affordable Housing Advisory Committee for a term of two years, ending April 3, 2013; and providing an effective date. 3/5 (Commissioner Harris) 56 -11 -13370 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to boards and committees; re- appointing Dean Whitman to serve on the Planning Board for a term of two years ending April 3, 2013; and providing an effective date. 3/5 (City Commission) Moved by Commissioner Palmer, seconded b Mayor Stoddard, the motion to approve the Consent Agenda passed by a 4 -0 vote: CITY COMMISSION MINUTES April 4, 2011 Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea N 1 (END OF slayt CITY COMMISSION MINUTES g April 4, 2011 I Fauf t 1 Development Code to place in one article all current 2 regulations pertaining to historic preservation by 3 amending Section 20 -6.1 (D)(1)(a) entitled "Historic 4 Preservation Board Establishment and Membership" in 5 order to require that one member be a licensed 6 attorney; and by creating new Article XI, "Historic 7 Preservation Regulations" including Section 20 -11.1 8 to be entitled "Historic Preservation Standards "; 9 Section 20 -11.2 to be entitled "Designation of 10 Historic Sites "; Section 20 -11.3 to be entitled 11 "Historic Designation Reports "; Section 20 -11.4 to be 12 entitled "Demolition of designated sites; demolition 13 by neglect and certificates of appropriateness";° 14 Section 20 -11.5 to be entitled "Special Provisions 15 Applicable to Designated Historic Sites" and making 16 revisions to update current wording and to modify 17 certain provisions related to the demolition delay 18 period; and deleting from the Land Development Code 19 regulations pertaining to historic preservation 20 including Sections 20 -4.9, 20 -4.11, 20 -5.17, 20 -5.18. 21 20 -5.19; providing for severability; providing for 22 ordinances in conflict; and providing an effective 23 date. (Deferred 3101111 & 3115111) 3/5 24 (City Manager - Planning Dept.) 25 26 Moved by Commissioner Palmer, seconded by Mayor Stoddard to 27 approve this item. 28 29 The public hearing was opened at this time. 30 31 Attorney Jeffrey Bass said that he wished to reincorporate 32 the remarks that he has made on all of the hearings until the 33 present, and asked that they be included in the record of this 34 proceeding to express his thanks to all for the courtesy of 35 allowing him to appear before the Commission over and over on 36 this issue. However, he said that the proposed changes do not 37 remedy the deficiencies that were the subject of the 38 correspondence that he transmitted to the City. 39 40 At this time Mayor Stoddard referred to a handout that he 41 previously provided at the meeting showing Miami -Dade County vs. 42 City of South Miami language. 43 44 Mr. Bass spoke about his objections: one objection was to 45 the extension of the delay of the demolition period, and he went 46 on to explain; the other objection was to the use of the word 47 "may" in the ordinance by changing it to a "shall "; a third CITY COMMISSION MINUTES 10 April 4, 2011 711aTt 1 objection had to do with the subtle but significant change of 2 the word "and" to an "or ". 3 4 With no further speakers the public hearing was closed. 5 6 At this time Vice Mayor Newman requested the City 7 Attorney's opinion regarding Mr. Bass's objection to the 8 proposed change of the word "and" to an "or ". 9 10 Mr. Pepe said that the proposed ordinance is giving the 11 Board the option of finding any of these elements (a) through 12 (f) as being grounds to find that the property is historic, and 13 that he does not see how there would be a constitutional 14 challenge. 15 16 Mr. Bass said that he believes that the purpose of the six - 17 month period is to provide the Commission to see if there are 18 any alternatives to demolition; he then suggested for the 19 Commission to consider having the six -month which could be 20 extended for an additional six -month period. 21 22 At this time the Commission mentioned the requirement for 23 the four -fifth vote in the event that the owner objects to the 24 historic designation. 25 26 Regarding the four -fifth votes Mr. Pepe said that for what 27 he has seen, he believes that the Charter is clear as to what 28 actions require a three -fifth and a four -fifth vote; therefore, 29 it seems that the Charter is being amended by ordinances that 30 contradict its language. He said that he will be researching it 31 further because we need to follow the Charter. 32 33 Moved by Mayor Stoddard, seconded by Commissioner Harris, 34 the motion to defer this item to be sent back to the Historic 35 Preservation Board for further review and recommendation passed 36 by a 4 -0 vote: 37 38 Commissioner Palmer: Yea 39 Vice Mayor Newman: Yea 40 Commissioner Beasley: Absent 41 Commissioner Harris: Yea 42 Mayor Stoddard: Yea 43 44 45 15 -11 -2088 46 17. A Ordinance of the Mayor and the City Commission of 47 the City of South Miami, Florida amending the Pension 48 Plan; providing for an amendment of Sec 16 -37 Powers CITY COMMISSION MINUTES 1 1 April 4. 2011 PT a IN 1 of Board; providing for severability, conflict and an 2 effective date. 3/5 3 (City Manager) 4 Moved by Mayor Stoddard, seconded by Commissioner Harris to 5 approve this item. 6 7 The public hearing was opened at this time. 8 9 Pension Board Chairman Banos explained that the only 10 correction on the proposed ordinance is on page 3, line 26 11 changing mangers to managers. He then said that a similar 12 ordinance will follow in order to amend the powers of the other 13 pension board. 14 15 Regarding the powers of the Board with relation to 16 investments, Banos explained that the Board hires an investment 17 consultant who provides advice as to where to put the money, and 18 it is the Board's obligation as trustees to make sure that the 19 funds are invested properly. 20 21 Moved by Mayor Stoddard, seconded by Vice Mayor Newman to 22 amend page 3, line 26 to change the word `mangers" to 23 "managers and to revise the "effective date" section as 24 recommended by the City Attorney in order to comply with the 25 Charter, the motion to approve this item as amended and as a 26 whole passed by a 4 -0 vote: 27 28 Commissioner Palmer: Yes 29 Vice Mayor Newman: Yea 30 Commissioner Beasley: Absent 31 Commissioner Harris: Yea 32 Mayor Stoddard: Yea 33 RESOLUTION a- D 36 37 58 -11 -13372 38 18. A Resolution of the Mayor and City Commission of the 39 City of South Miami, Florida, authorizing the City 40 Manager to execute a contract agreement with 41 PropertyRoom.com, Inc. for auctioning of surplus 42 municipal property; and providing for an effective 43 date. 3/5 44 (City Manager- Finance Dept.) 45 CITY COMMISSION MINUTES 12 April 4, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Moved by Commissioner Palmer, approve this item. MT a 9 seconded by Mayor Stoddard to The public hearing was opened and closed with no speakers. Commissioner Palmer asked whether the residents will have a chance to participate in the auctions. A discussion followed regarding this new way of conducting auctions which will result in savings to the City, as explained by the Finance Director. Commissioner Palmer cautioned that not all residents have computers or access to the Internet. Parks and Recreation Director Stout -Tate said that the Community Center has computers and Internet service where they can help any resident who wishes to participate in an auction. Dr. Mirabile said that auctions will be published in the City's newsletter and also on Channel 77. Moved by Vice Mayor Newman, seconded by Mayor Stoddard to extend the meeting after 11:00 p.m. the motion passed by a 4 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea With some further comments, the motion to approve this item passed by a 4 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea 59 -11 -13373 19. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to contracts; authorizing the City Manager to execute an Inter -local Agreement between Miami -Dade County, Miami -Dade Police Department, and the City Of South Miami for School Crossing Guard Services in FY 2011/2012; providing for an effective date. 3/5. (City Manager- Police Dept.) Moved by Commissioner Palmer, seconded by Mayor Stoddard to approve this item. CITY COMMISSION MINUTES 13 April 4, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Drafl The Mayor asked for clarification of the payments. Major Landa explained that $70,000.00 covers for three years for five crossing guards, and it is paid on a quarterly basis. The public hearing was opened and closed with no speakers. With some further comments, the motion to approve this item passed by a 4 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea 60 -11 -13374 20. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a multi - annual service agreement with MacMillan Oil Company of Florida, Inc, for the purchase and delivery of bulk fuel gasoline and diesel for the City's vehicle fleet and equipment in the amount of $110,111.00, to be charged to Departmental Fuel Account Numbers 001- 1320 -513 -5230, 001- 1340 -513- 5230, 001 -1640- 524 -5230, 001 -1910- 521 -5230 and 001- 2000- 572 -5230; providing for an effective date. 3/5 (City Manager - Public Works Dept.) Moved by Mayor Stoddard, seconded by Commissioner Palmer to approve this item. The public hearing was opened and closed with no speakers. With no further comments, the motion to approve this item passed by a 4 -0 vote: CITY COMMISSION MINUTES April 4, 2011 Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea RDINANCE (3) FIRST •`. D O D 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 I= 21. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20 -2.3 entitled "Definitions" in order to modify the definition of "Story" to clearly indicate that the use of any floor of a building as a parking level or partially for parking shall be included in the definition of a single story for the purpose of determining of the number of stories in a building; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager- Planning Dept.) Moved by Commissioner Palmer, seconded by Commissioner Harris to approve this item. Mayor Stoddard said that after listening to the viewpoints from various architects regarding the proposed ordinance, and even though he asked for it, he is not convinced that he will support it after all. Commissioner Palmer said that she thinks that everybody know what a story is. Commissioner Harris said that this is going to define a story in terms of parking, and that this could result in a colorful debate. Mr. Pepe said that one of the questions that he might have is that, if there is a land use map that says two stories, and you do not have a height requirement for two stories, then somebody could have three stories by putting in a parking level. Acting Planning and Zoning Director Cabrera explained that we have height limitations for all commercial buildings, and that would include the parking level. Vice Mayor Newman said that she is more concerned with the height of the buildings, rather than defining the story, she said that she does not believe that it is the place of government to dictate what actually goes inside the building; therefore, she said that she is not supporting this ordinance. Dr. Mirabile explained that the proposed ordinance defines what an actual story is, and what is being promulgated is called the term of "usable floor area" which shall include both CITY COIMISSION MINUTES 15 April 4, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 D gg occupation and the parking component. Therefore, the parking level will be defined as a story when calculating the number of stories in a building. Vice Mayor Newman said that she realized that this will require further consideration. Commissioner Palmer concurred. With some further comments, the motion to approve this item passed by a 3 -1 vote: Commissioner Palmer: Nay Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea 22. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to update certain references and terminology including the deletion of references to the South Florida Building Code; clarifying references to Miami -Dade County; deleting references to the Florida Health and Rehabilitative Services; and clarifying references to the Environmental Review and Preservation Board; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager - Planning Dept.) Moved by Mayor Stoddard, seconded by Commissioner Harris to approve this item. With no further comments, the motion to approve this item passed by a 4 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea 23. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to set forth standards and requirements for off - street loading by creating Section CITY COMMISSION MINUTES April 4, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 we 21 22 ?3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 lut 20 -4.4 (M) entitled "Off- Street Loading Requirements" providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager - Planning Dept.) Moved by Mayor Stoddard, seconded by Commissioner Palmer to approve this item. With no further comments, the motion to approve this item passed by a 4 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea There being no further business to come before this Body, the meeting adjourned at 11:33 p.m. Attest Maria M. Menendez City Clerk Approved Philip K. Stoddard Mayor Note: All ordinances will be revised to reflect the correct "effective date" in order to comply with the Charter as requested by the Acting City Attorney. CITY COMMISSION MINUTES April 4, 2011 17 ti � Y)� �vx L�cs� i CITY OF SOUTH MIAMI OFFICE MEMORANDUM To: Honorable Mayor and City Commission Date: April 4, 2011 From: Hector Mirabile, Ph.D., City Manager i Re: Manager's Report The following is my report for the commission meeting of April 4, 2011. I am pleased to report that South Miami as a government entity is performing in a highly effective manner. The management team is constantly looking for ways to improve services while reducing our overhead costs. Additionally, as we progress through this fiscal year we are stabilizing our senior and mid -level leadership and in the next month we will have the leadership within South Miami set for this and the upcoming FY with the hiring of a Planning and Zoning Director, a Capital Improvement Project Manager in Public Works, and a HR Generalist. As a method of being a learning organization we continue stress testing various departments to determine comparatives between current state versus outsourcing when it is both managerially and fiscally proper. Additionally, we look to best practices from other cities and make efforts to incorporate those practices which fit our South Miami experience. I would like to inform the Commissioners. as well as the citizens that we are making every effort to improve our sustainable initiatives within our government and thus the Manager's Monthly Report is posted on the City's Web site under Departments- >Office of the City Manager - >Monthly Activity Report for review and down load as warranted. Additionally, the Finance Department also posts their monthly financial report online at: Departments -> Finance -> Monthly Financial Reports -> Monthly Financial Reports for Fiscal Year 2010 -2011 (PDF files) - > Choose the month desired. Mr. Mattaway requested of me to request that the item coming before you be deferred since the Commission has only 4 members present and it would take a unanimous vote for this item to pass. Therefore, I am requesting that item number 5 be deferred to the next commission meeting. Lastly, we invested much time in researching the Red Light Traffic Cameras for implementation in various areas in South Miami and we are ready to develop and submit a request for proposal in the very near future. The RFP process would be a highly involved process which we would need to invest much personnel time and thus we would like to know from the commission if it is their City Manager's Report to Commission; April 4, 2011 2 will to proceed with this project. A simple poll is respectfully requested from the Commission at this meeting. 1. Accomplishment. a. New IT IDC successes: L Started upgraded to Police Department software. USA Software installed new version on new server and software was deployed to in -house computers. There are several issues with the new version that USA Software is currently working on and the users are providing excellent feedback as to issue they come across. All of these were documented and continue to be documented and provided to USA for resolution. ii. Cleared issue with Virtual Partner on support/version upgrade. This software will be deployed to the new laptops and upon completion; laptops can then be handed out and swapped out for older laptops. These will be rebuilt and prepared for repurposing. iii. Training schedule was set for the Police Dept. Dates are: April 7, 18, and 28. All personnel were schedule accordingly for those dates. iv. OneSolution: 32Bit workstation was setup for the data conversion. We are currently working on getting a 64bit conversion utility with IBM. This would be the preferred conversion utility for the data. v. Training schedules were set contingent on the data conversion going smooth. Those dates are: • (Security Setup and Training) April 4 through April 7 • Financials 1 April 12 through April 15 • Financials 2 April 26 through April 29 • Reporting and workflow training May 16 through May 20 b. Finance: i. Finance is working on closing the Mid -year financials and obtaining the needed revenue and debt confirmations. ii. The Finance Department continues obtaining payments from outstanding bills. Finance is continuing to work with the Collection Firm and IT to setup the electronic transmission process for the collections transmittal. iii. Finance is continuing to work towards completing an audit of the stormwater customer base for residential, commercial, and multi- family properties with the assistance of the Public Works GIS division. The objective is to confirm that all properties are being billed the correct amount and to confirm that Miami -Dade is billing all respective customers correctly. PW GIS requested an updated property list DVD from the Miami -Dade County Property Appraisers Office. City Manager's Report to Commission; April 4, 2011 iv. Finance collected all outstanding/uncollected non - exclusive Private Hauling franchise fees which exceeded $25,000. Finance is working with the haulers in completing an audit of the submitted percentage of the 25% of gross revenues. v. Finance continues working with the auditors to complete the citywide audit and the South Miami Parking Garage Audit. vi. Finance continues to work on the Management Discussion and Analysis section of the Citywide Audit report. The MD &A is the section of a company's annual report in which management discusses numerous aspects of the City, both past and present. Furthermore, Finance is working on the CAFR statistical sections. vii. Finance prepared for the City Manager's review a DRAFT of the city's investment policy. Finance anticipates using idle cash to generate revenue through investments. Once the investment policy is approved, Finance will begin solicitations for investment institutions. viii. Finance negotiated a 1.10% interest rate with First National of South Miami. This new rate will increase interest revenue. ix. Finance continues working with the City Manager's Office and Human Resources in preparing for labor negotiations. Finance is working on implementing spreadsheets, which will allow for certain benefits to be quantified. x. Finance will be reviewing all department budget worksheets which were required to be submitted on or before April 1, 2011. c. Grants and Sustainable Initiatives: i. Applying for the following grants: 1. COPS Office: Community Policing Development (Deadline April 21S) 2. Funds to provide training and technical assistance, the development of innovative community policing strategies, applied research, guidebooks, and best practices. 3. Edward Byrne Memorial Competitive Grant Program — Smart Policing (Deadline April 21 s') 4. Funds to build upon data - driven, evidence -based policing 5. Planning and Local Technical Assistance Programs Opportunity (Deadline: Rolling) 6. Funds to help develop the planning and technical expertise to support communities and regions in their comprehensive, entrepreneurial and innovation -based economic development efforts. 3 City Manager's Report to Commission; April 4, 2011 7. Green Task Force conducting Bike Rack Analysis in the downtown area of South Miami 8. Collaborating with the Citizens for a Better South Florida and Community Image Advisory Board to increase the number of trees in Paciencia Park. 9. In the process of requesting Miami -Dade County to conduct study of main streets in South Miami for suitability for bicycle lanes and sharrows: 1. SW 62nd Avenue 2. Red Road (57"' Avenue) 3. Sunset Drive (72nd Street) 4. SW 80th Street 5. Miller Drive (56"' Street) d. Central Services: Murray Parr Community Pool Operator RFP: Thereafter the top ranked vendor's withdrawal from consideration, the City conducted a workshop with the next highest ranked vendor, Swim Gym Aquatics, Inc., and is currently engaged in work on a mutually agreeable draft operating agreement that can be brought before Commission for review and approval. Swim Gym Aquatics, Inc. was provided additional information/clarification concerning the Agreement and will be in contact with the City by the end of this week once having finalized review of the same with their attorney. M ii. Purchasing Ordinance: A draft ordinance was finalized and is currently under review for inclusion as an agenda item for the next Commission Meeting, April 14 . III. Public Works Solicitation Template: The City Attorney's review of a Public Works solicitation template is being finalized and what revisions are necessary will be incorporated for immediate use for pending, future projects. iv. City Attorney RFQ: The solicitation was closed Friday, April 1St, 2011, at 10:00 AM at which time copies of each of the proposals received will be provided to Commission for consideration and approval of the next City Attorney. v. Tennis Court Operator RFP: This week, work will commence on a draft solicitation and, once reviewed, approved, and finalized, it shall be Issued with a projected Closing Date and Time to be determined. vi. Towing Services RFP: No change. vii. Landscaping: No change. viii. Red Light Camera: At this time I would like to poll the Commission as to how they would like for us to move forward with this project. City Manager's Report to Commission; April 4, 2011 5 d. Police: Uniform Patrol Division i. Total Arrests 29: 7 felonies, 12 misdemeanors, 7 traffic, and 3 warrants served. Of those 29 arrests, 5 were narcotics related: ii. On March 14th, units were dispatched to a strong armed robbery at the Shops at Sunset Place. A juvenile male was waiting for his mother to pick him up, when he was approached by 2 subjects. One of the subjects punched the vietun in the face and then took his cell phone. The subjects fled on foot and within minutes were located by patrol units. The subjects were taken into custody, victim's property was recovered and both charged with strong armed robbery. iii. On March 16th, patrol units were dispatched to the area of 60 Av & USl in reference to a subject who burglarized a vehicle. Upon arrival, the units received a description of the subject and began to saturate the area. They located a subject matching the description and he was later positively identified. This subject was taken into custody and charged with burglary. iv. On March 22 °d, patrol units received a call in reference to two males loitering in the area acting suspicious. Upon the unit's arrival, they observed the two males attempting to enter a parked vehicle. Upon the subjects seeing the officers, they took flight on foot. A perimeter was established and the two subjects were taken into custody. The subjects had property on them which officers believed had been taken by the subjects committing vehicle burglaries. Investigation revealed that these subjects had in fact committed several burglaries in the area. v. On Friday March 25th, Patrol units with the assistance of the Special Investigative Unit and United States immigration and Customs Enforcement (ICE), conducted a City wide D.U.I. Saturation Patrol. The results of this detail are as follows: Citations Issued: 148 Total Arrests: 8, including 1 D.U.I., 4 narcotics related and 3 for traffic related offenses Unusual Occurrence: The Department of Children and Families contacted SMPD for assistance in an investigation. The investigation resulted in the discovery of a marijuana grow house by narcotic detectives. A total of 161 grams of marijuana with a street value of $1,250.00 was seized. The subject was arrested and charged with Felony possession of marijuana, having a place to cultivate marijuana, having children residing where marijuana is being cultivated, tampering with evidence and possession of drug paraphernalia. City Manager's Report to Commission; April 4, 2011 6 Criminal Investigation Division i. On Saturday— 03- 12 -11, S.I.U. Detectives located and apprehended a subject who was wanted by the South Miami Police Department for sales of controlled substances within 1000 feet of a house of worship, H.U.D. housing and a municipal park. Charges that hold a three year minimum mandatory prison sentence, if found guilty. The subject was also charged with resisting arrest, all under case # 1004199. This subject was the last subject wanted from our operation "Early Bird Special," which ran from mid October to mid December of 2010. He was subject number twenty of twenty, making this an Operation with a 100% arrest rate. ii. On Tuesday — 03- 15 -11, S.I.U. Detectives assigned to D.E.A. were working an on -going investigation in which 238 kilos of cocaine were seized. The contraband has a street value of $7.6 million. No information is available at this time as the case is still on- going. iii. On Tuesday — 03- 22 -11, Uniform Patrol officers were dispatched to a suspicious persons call. Upon arrival they discovered that a vehicle was tampered with in an attempt to burglarize it. Two subjects were described by witnesses and were seen fleeing the scene by uniformed officers. Uniformed officers set up a perimeter and caught both subjects. At this time, the subjects were charged with Attempted Burglary to a Vehicle. A G.I.U. Detective was then dispatched to interview both subjects. The subjects were also in possession of what appeared to be stolen property. Some of the properties recovered included a vehicle G.P.S. unit. Officers were able to access the owner's address from the G.P.S. unit by hitting the home icon on the unit. The address came back to a West Miami address. The West Miami resident was in fact the victim of a vehicle burglary. West Miami. P.D. was notified and cleared their case as a result of our investigation. The subjects were also in possession of seven rolls of quarters ($70.00) and a U -Haul Storage unit access card. U -Haul was contacted; their personnel gave us the owner's information. The owner advised that his vehicle was located in the 6300 block of So. Dixie Highway. The vehicle was also burglarized. The subjects were charged with Burglary to that vehicle. The subjects were also in possession of a Chase Bank Card. We contacted Chase Bank. The bank's personnel were going to contact the owner of that credit card and then request that the owner contact us to see where and if the card was stolen. This last case is pending. It is evident that these subjects were burglarizing vehicles throughout this area, although this investigation is not complete at this time. I commend all personnel involved for doing a great job. iv. On Wednesday — 03- 23 -11, a Fort Lauderdale Fire Department Lieutenant was taken into custody by G.I.U. Detectives, for the following event; According our victim, a 29 year old female, she and the subject, a 34 year old male, who is a City of Ft. Lauderdale Fire Department Lieutenant, are divorced and have a child in common. Both the victim and the subject were at a social gathering with some friends at B.T.'s Gentlemen's Club, located at 5922 So. Dixie Highway, South Miami. The victim did not feel comfortable City Manager's Report to Commission; April 4, 2011 7 at the location and asked the subject to step outside so that she could talk to him. While outside in the parking lot, the victim advised the subject that she wanted to leave because she did not like the place. At this point, the subject became enraged, grabbed the victim by her face, pushing her head backward, slamming the back of her head against a parked car. The victim was out of breath and dazed but pushed the subject back in an attempt to flee. There was at least one eye witness nearby, who contacted the police, At this time, the subject grabbed the victim by her throat, chocking her. The subject then threw the victim to the ground. The victim was able to get up and ran away from the subject; however the subject caught up to the victim and held her in a "bear hug" to keep her from running away, despite her several attempts to do so. The victim was in fear for her life, crying and screaming for help. The subject over powered her and refused to let her go. It was at this point that uniformed officers arrived to the scene and filed a report. G.I.U. Detectives investigated the case and requested the subject to respond to The South Miami Police Department for an investigative interview. The subject responded. Once the completion of the interview, the subject was taken into custody and charged with Battery by Strangulation (Domestic) and with False Imprisonment. Both are felony charges. The subject was then transported to Dade County Jail. v. On Friday — 03- 25 -11, an investigator for The Department of Children and Families (D.C.F.) requested that we assist them in a family interview, where a child was allegedly involved in the processing of marijuana. C.I.D. personnel responded to an address here in South Miami. Our detectives discovered that there in fact was a marijuana grow laboratory. The laboratory was in the process of being redone. Also discovered was 161 grams of marijuana, with a street value of $1,250.00 dollars, a crack pipe, a marijuana pipe and a digital scale. All contraband was seized by us. A 42' Panasonic TV was also signed over to us by the defendant. The D.C.F. investigators took the children into their custody, to be safe guarded, until the next of kin or a foster parent can be located. The defendant was arrested and charged with felony possession of marijuana, having a place to cultivate marijuana, having children living at a place where marijuana is cultivated, tampering with evidence and drug paraphernalia. (See Case # 1101053). vi. On Saturday — 03- 26 -11, S.I.0 detectives were conducting a vehicle burglary surveillance in the area of the 6200 block of So. Dixie Highway. A detective observed a group of juveniles rolling up (preparing) a marijuana cigarette, inside of a vehicle in the parking lot of the Chipotle Restaurant. Contact was made with the juveniles. Also present was a strong odor of marijuana emitting from the vehicle. The vehicle's front seat passenger admitted that there was more marijuana inside the vehicle and handed the detective, two zip lock bags containing marijuana, with a street value of $90.00. The contraband was retrieved from the inside of a book bag (the book bag belonged to the vehicle's driver). The contraband was seized and two of four juveniles were taken into custody. (See Case # 1101074). City Manager's Report to Commission; April 4, 2011 8 Parking Enforcement i. The Parking Enforcement Unit issued a total of 2,901 citations from the time period of March 15" thru March 31St. Total fine amount for these citations: $55,106.00. ii. There were a total of 6 citations issued for trucks willfully obstructing traffic and /or prohibited stop stand or park on roadway. iii. The following are the total citations and fine amounts Parking Enforcement issued for the month of March 2011: Total citations: 5285 Fine amounts: $102,129.00 Code Enforcement Division: i. Met with PD personnel to review the City's commercial haulers ordinance and strategized on how to address illegal, unlicensed commercial trash haulers. ii. Miami -Dade County failed to provide the funds promised, pursuant to the NSP, to complete the timely demolition of unsafe structures in the CRA iii. Magistrate: No Change from last report. iv. Three (3) of the CRA shotgun homes, previously tagged by Code and Building, were vandalized on the weekend of March 11, 2011; windows were broken and respective aluminum frames were taken/stolen. This act of vandalism and theft resulted in a serious emergency safety issue for the area residents, children, etc., as broken glass, unsafe/unsecure, unsafe structures; broken wood panels with rusty nails were left all throughout the properties. This emergency situation was promptly addressed and handled in a collaborative effort by Code and Public works; PAV s was called and they quickly came in and cleaned out the area. The CRA Board was also brought in and promptly addressed on March 10 to request funds for the demolition of these unsafe structures; the board voted and unanimously committed six thousand dollars ($6,000.00) for the emergency demolition project. v. Actively working to secure 3 competitive bids for the demolition of six (6) unsafe structures. vi. Responded to a citizen's complaint regarding the 64 Development construction project; the site was inspected by Code and Building with no valid findings of any code violations. vii. Worked in collaboration with Grants developed a letter for the Governor and FL Representatives to join effort to recall HB 4195 — Elimination of Local Business Tax (aka Occupational Licenses). The elimination of this local business tax would not only reduce the city's revenues by approximately $500,000.00, it would also eliminate the City's ability to determine who is operating the business, what type of activity the business generates, and to make certain that all required state licenses are in compliance. City Manager's Report to Commission; April 4, 2011 6 viii. FPL finally removed the long standing code violation of the two (2) telephone poles 58'" Avenue and 74 Street that were in violation of the ADA Federal requirements. ix. Code Enforcement with IDC's assistance is working on developing and implementing and E- recording process for the City's Liens. Proceeding with Resolution recommending INGEO, the lowest of 3 proposers, as the City's service provider. Pending. x. CE continues to work in collaboration with the Building and Planning & Zoning Departments to streamline and thereby improve the permit process. xi. Completed the processing of Ross University's Business Tax Receipt (aka, occupational license) application, use applied for and pertinent parking requirements; application's draft response was forwarded to the City Attorney for legal sufficiency. xii. Completed P &Z's request to identify and copy any and all BTR's as assigned /issued for all businesses in the 7000 Building; copies were sent to P &Z. xiii. Three (3) CE staff members attended training on Zoning Fundamentals and Concepts. This training should prove beneficial as it will help staff identify zoning principal uses, accessory uses and more importantly prohibited uses. xiv. Received a CM directive to review a proposed Farmer's Market Ordinance designed to address event fees and temporary signage issued. The review of this proposed ordinance will include an inquiry of other neighboring municipalities with Farmer's Markets to try to identify how fees, permits and temporary advertising/signage issues are addressed. xv. Handling complaints regarding alleged illegal street signage and temporary fence placed this weekend on the newly purchased property located on 7709 SW 67 Avenue. This property was previously recommended, by city residents, to the Board of Commissioners as a viable purchase for a potential conversion into a city park. xvi. Initiated a more rigid and structured cross training of two (2) additional CE staff members in the processing of business licensing to improve customer service and thereby address previously mentioned citizen concerns. e. Human Resources: i. The Annual Wellness Fair for City employees was held on March 25, 2011. We thank all of our vendors and employees for making this a successful event. ii. We extended a conditional offer of employment to a qualified applicant for the Office Support position in the Planning and Zoning Department. iii. The Public Works Administrative Assistant position was filled with a qualified internal applicant. iv. Interviews will begin next week to find qualified candidates for two part-time Office Support positions for the City Manager's office. City Manager's Report to Commission; April 4, 2011 10 v. Interviews will begin next week to find qualified candidates for the Human Resources Generalist position. vi. We are seeking qualified applicants for the full -time position of Office Support-Human Resources Office. This position was recently posted and all qualified candidates are encouraged to apply. L Public Works: See Attachment A. g. Parks and Recreation: Parks and Recreation: iv. Recreation: Northwest Boys Club: South Miami Recreational Basketball participated in the playoffs but did not advance. v. Recreation; Track and Field — 28 participants, ages 5-15 years, began competing. No competitions were held for the past two weeks. vi. Recreation: T- Sall ages 5 & 6 years of age, are on a winning roll.(learning the basics). Completing the season within two weeks. vii. Recreation: Spring Camp was held at the Gibson - Bethel Community Center, from March 14-18, 2011. There were 33 participants. South Miami Police Department showcased their car, motorcycle, and K -9. Everyone had a wonderful time. Senior Center: ACTIVITIES Senior Center Calendar ACTIVITIES MARCH 21111 DATE TWE ACTIVITY March 1, 2011 8:00ani -12:00 m Barry Students Give Seniors Free Manicure March 10, 2011 10:30am- 11:30am MCCI Seminar March 15, 2011 9:00am -1:00 m Barry Students Take Blood Pressure March 17, 2011 12:04 m -5:00 m Free Field Trip to the Youth Fair March 18, 2011 9:30am- 11:00am Teach &z Learn Experience with Barry Students March 22, 2011 9:00am -1:00 m Barry Students Take Blood Pressure March 23, 2011 10:30am- 11:30am HIV Seminar (Social Worker) March 24, 2011 9:00am -1 :00 m Free Phones for the Hearing Impaired March 25, 2011 10:40am -12:00 m Free Massage March 25, 2011 1:04 m -4:04 m Free Movies at Sunset Place March 30, 2011 8:00am- 10:O0am Breakfast at the Grove Parks Landscape Division: i. All parks are on schedule with general maintenance; ii. Secondary "Invasive clean up" work day -at All Veteran's Park on Saturday, March 26, 2411. 9:00 a.m. —12:00 p.m. Completed City Manager's Report to Commission; April 4, 2011 11 iii. Dante Fascetl Park — FRDAP Grant — renovations of the restrooms, replacement of swing sets, and construction of a Basketball court (half - court) is currently under way. Special Events: Families First -Baby and Me Classes —Starting on Tuesday A 615,2011 at the Gibson - Bethel Community Center at 10:00 a.m., for 10 week session. Ages Newborns to 6 month olds. This is free of charge. Dog Park: No change h. Planning and Zoning Department: 1. EAR Consultant for 2012: The Planning and Zoning Department anticipates contracting with the selected Evaluation and Appraisal consultant within the next two weeks. The EAR process will then begin in April. 2011 with major issues workshops and interagency scoping meetings. L Land Development Code Amendments: The Planning and Zoning Department together with the Planning Board continued its program of updating the Code. ii. Special Use Application: A Special Use Application was filed on January 18, 2011, by 62" Avenue Plaza, LLC represented by Mr. Richard Mattaway, to locate an Interim Parking Lot at 7150 -7160 SW 62 Avenue, recommended for denial by the Planning Department and the Planning Board on February 22, 2011, and is now being forwarded to the City Commission for public hearing on today. (Unfinished Business from March 15, 2011 City Commission) iii. Environmental Review and Preservation Board (ERPB): In the month of March, fourteen (14) projects were scheduled for review by the Environmental Review & Preservation Board (ERPB). No action due to lack of quorum. iv. Historic Preservation Board: The Department, working with the Historic Preservation Board, recently redrafted the current regulations in the Land Development Code related to historic preservation. In addition the Department is seeking property owner consent (6130 SW 72 Street -City Hall and 5818 SW 7e Street- Conservatory Bldg.) for two new historic designations recently recommended by the Historic Preservation Board, and is now being forwarded to the City Commission for public hearing on April 4, 2011. (Unfinished Business from March 15, 2011 City Commission) v. Comprehensive Plan Amendments: The Department initiated preliminary work on text amendments and Future Land Use Map amendments (aka Large Scale Amendments) which are part of the 2010 Amendment Cycle 2 process. A total of 12 amendments were recommended In the 2006 EAR and by various resolutions and actions by the City Commission in 2009. The first step will be a Summary Report to be brought before the City Commission for general discussion and guidance at a workshop or Committee of the Whole. Attached is an Item list of the amendments which will be part of the Comprehensive Plan Cycle 2 Amendment Process (which process will be completed in August 2011). City Manager's Report to Commission; April 4, 2011 LIST OF COMPREHENSIVE PLAN AMENDMENTS CYCLE 2 2010 Small Scale Amendments 1 Rescind Ord. 33-10 -2058 - MU -AH (2 story) 2 Rescind Ord. 42 -10 -2067 - Low Density Afford MF (2 story) Large Scale Amendment 2010 Cycle 2 3 EAR (sub area no. 6) - TODD Transition Area - north of City Hall 4 New FLU - Medium Density Multiple Family Residential (Two Story) 5 New FLU - Mixed Use - Affordable Housing (Two Story) 6 New FLU - Mixed -Use Commercial Residential (Two -Story) 7 New FLU - Public institutional (Two -Story) 8 New FLU - Religious (Two Story) 9 FLUM Amend - Lee Park Condominiums 10 FLUM Amend - Madison Square north 11 FLUM Amend - Red Road Properties, Ltd 12 FLUM Amend - South Miami Gardens (County) Large Scale Amendment to the Comprehensive Plan 2010 Cycle 2 timeline: See Attachment B. ii. Commission directives or issues: a. Pension: No change in status. b. Parking reform: No change in status. c. Master Park Plan: No change in status. d. Welcome to South Miami signs: No change. END OF MEMORANDUM 12 City Manager's Report to Commission; April 4, 2011 13 City Manager's Report to Commissioners Public Works Attachment A i. Cleaned the fish pond and fed the fish at City Hall. ii. Replace light fixtures from T12 to T8 at the CAA Headstart Center's kitchen. Iii. Cleaned all carpets and stripped and sealed vinyl floors at the CAA Headstart Center, Iv. Watered new landscaping SW 70th Street from 62"d Court to SW 63`d Avenue daily for three weeks. V. Serviced / repaired (13) vehicles and heavy equipment at the Motor Pool. A. Delivered (2) new garbage containers to residents. vii. Filled (29) crane trash holes. viii. Performed pick up of garbage and trash routes. ix. Performed daily power street sweeping. X. Performed daily clean up & watered pots downtown. A. Pressure cleaned sidewalks downtown on Wednesday's. xii. Dumped litter cans throughout the City three times a week. xiii. Performed irrigation repairs at 71St Street SW 58th Avenue parking lot. AV. Processed three permits for work in the right-of-way. xv. Removed (4) shopping carts from the CRA Area. xvi. Removed and replaced damaged 25 MPH sign located at 72nd Street SW 57th Avenue. xvii. Repaired (1) concrete parking bumper in the city parking lot located at 71St Street SW 58th Avenue. xviii. Cleaned up vacant properties on SW 60th Avenue b/w 63`d Street and SW 63`d Terrace. (Property owner will be billed through Code Enforcement) xix. Removed graffiti from light pole located at 6262 SW 72nd Street. xx. Picked up illegal dumping at 7250 SW 68th Court. xxi. Cleaned out bay #2 at Motor Pool. xxii. Supervised City Hall parking lot irrigation system repair, by contractor. xxiii. Handled 26PWED issues /concerns (including permits, inspections, etc.) xxiv. Provided 9 GiS maps, data, analyses, reports. xxv. Handled 14 computing issues. xxvi. Management of AFC (1), including provision of fueling reports. xxvii. Addressed 10 concerns (applicable to PWED and/or CSM) from web and/or outside correspondence. xxviii. Executed (5) Public Work's announcement on CSM's website. xxix. Design, redesign, modification of features in rights -of -way (1). xxx. Properties subject to MDC recycling, counted in database, emalled to MDC (1). xxxi. Completed the installation of interior wall and door to enclose an office area in the Gibson Bethel community center. xxxii. Completed the replacement of two electrical outlet boxes in the Sunset area of Downtown. The following is a status report of ongoing projects: Larkin Hospital: Construction and landscaping is complete, pending approval of final inspection. City Manager's Report to Commission; April 4, 2011 14 Sunset Drive Improvements Repairs: Milling and resurfacing of all affected areas is completed. Presently working with MVila and the City's engineering consultant to close out Sunset Improvements Phase IV. City Hall Energy Survey: Energy survey Is completed and was submitted to the City on February 15, 2011. The City Manager and Public Works staff met with the auditing company to discuss the audit report and recommendations to the City. Presently we are waiting for the auditing company to provide additional information on window tinting, lighting and a program that may provide possible funding for implementation of the recommendations. SW 66th Street Improvements Phase 11: No change since last report. ARRA Bus Shelter: Zurqui Construction was provided with a Public Works permit for construction of original bus shelters previously approved by Miami Dade County. Construction is scheduled to start on Tuesday April 5, 2011. SW 64th Court Drainage: As previously reported, this project will have to be constructed in phases due to insufficient funds available to complete the whole project at one time, the engineering consultant provided a fee estimate of $9,898 to revise the plans and split the project in three phases. Additionally, the City's Grants and Sustainable Initiatives Manager is working on obtaining additional grant funds to complete this project. Electrical Equipment Recycling: The Public Works department met with EQ Florida's (The Environmental Quality Company) to go over the logistics of implementing a program to recycle electrical/ electronic equipment. The company requires an enclosed or fenced in drop off site for the storage of the equipment until time of pick up and is willing to extend to the City the same pricing as per Miami Dade County contract. The Public Works department will schedule a meeting with the City Manager to identify the required drop off site and possible available funds to implement such a program. Pump Station 177: No change since last report. Pinecrest Villas: Waiting for Miami Dade County to confirm, concurrency requirement area. Cocoplum Terrace: Waiting for Miami Dade County review and response. (Update by Dr. Shen (MDC) by the middle of this week. Manor Lane: Waiting for Miami Dade County review and response. Update by Dr. Shen (MDC) by the middle of this week. Mango Terrace: Waiting for Miami Dade County review and response. Update by Dr. Shen (MDC) by the middle of this week. City Manager's Report to Commission; April 4, 2011 15 Shops at Sunset Place/ SW 57t" Court: Waiting for Shops at Sunset to provide revised plans. Roadway Resurfacing and Sidewalk Repairs: The Public Works Department obtained estimates from two vendors for sidewalk restoration and resurfacing piggy backing on other municipalities existing contracts, these will be brought to Commission for approval very soon. Additionally, a similar contract for possible piggy backing was provided to CDBG for the restoration of sidewalks along SW 64 Street as per existing grant, the contract was rejected and the City will have to go out to bid via RFP. City Hall Sewer Connection: Waiting for design estimates from the City's consultants. City Manager's Report to Commission; April 4, 2011 City Manager's Report to the Commission Attachment B, LARGE SCALE AMENDMENT TO THE COMPREHENSIVE PLAN 2010 CYCLE 2 (Revised) Schedule of Processing 2010 Cycle 2 Large Scale Amendments to the Comprehensive Plan of the City of South Miami, Florida 16 March, 2011- City Commission Workshop or COW — Summary of 12 Proposed Changes; Commission re- affirms the initiation of amendments recommended in EAR and other resolutions 4/12/11 -LPA (Planning Board) meeting- Public Hearings on 6 Changes 4/26/11- LPA (Planning Board) meeting- Public Hearings on 6 Changes 5/4/11- Transmittal of LPA Recommendations to City Commission 5/17/11 -City Commission Meeting l' reading, public hearing 5/24/11- Transmit approved LS Amendments to DCA & Agencies -60 day review period 7/25/11- DCA issues Objections, Recommendations and Comments (ORC) Report City has 60 days from receipt of the ORC Report to adopt amendments including any changes suggested by DCA in the ORC Report. As follows: • 8/12/11- Newspaper Ad: City Commission meeting (10 days before meeting) s 8/23/11- City Commission meeting 2nd reading of adoption ordinance- Public hearings 9/2/11- Submit adopted amendment ordinances to DCA & Agencies- 45 day review period 10 -17 -11 -DCA issues Notice of Intent (NOI) to find amendments in compliance -21 day period for challenges to NOI to be filed. If a challenge (appeal) is filed, DCA refers appeal to State Office of Administrative Hearings; If no challenge, then DCA issues Final Order = effective date. X: \Comprehensive Plan \Large Scale Amendment Cycle 2 -2010 \Large Scale 2010 Cycle 2 \Comp Plan Amend Schedule 2010 cycle 2.doc