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04-21-09 AgendaSouth Miami All ftedcacity 2ooi MAYOR: Horace G. Feliu CITY MANAGER: • Ajibola Balogun VICE MAYOR: Brian D. Beasley CITY ATTORNEY: Luis Figueredo COMMISSIONER: Valerie Newman CITY CLERK: Maria M. Menendez COMMISSIONER: Velma Palmer COMMISSIONER: Vacant CITY COMMISSION AGENDA City Commission Meeting Regular Meeting date: April 21, 2009 Next Meeting date: May 5, 2009 Next Workshop (Pension) date: May 7, 2009 Time: 6:00 PM 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $500.00 per Ord. No. 44 -08- 1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi - judicial and administrative action. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Lobbyists addressing the City Commission tonight must have been registered with the City Clerk as indicated above. E'. Presentation (s) 7:00 p.m. (NONE) ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of March 20, 2009 b) Minutes of April 7, 2009 REGULAR CITY COMMISSION 1 AGENDA - April 21, 2009 2. City Manager's Report (25 minutes) a)Requested information on Right -of -Way permit fees paid by 64 Development (5966 South Highway Development). b)Requested information regarding Red Road Commons' Employees cross reference list (hiring requirement report reviewed by CPA) c) Bee Hive reported during last City Commission Meeting- 6721 SW. 62nd Court. d)Retail Use - South Miami Hospital Property. e) Information requested regarding Red Road Commons Property Taxes if property is purchased by University of Miami. 3. City Attorney's Report (1.5- minutes) (UNFINISHED BUSINESS) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED ADMINISTRATION AND CITY GOVERNMENT; BY AMENDING SECTION 2 -7 ENTITLED "ADMINISTRATIVE DEPARTMENT FUNCTIONS AND DUTIES"; TO INCLUDE SUBSECTION (E); PROHIBITING FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE AND /OR HAVE SUED THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED UNDER LAW; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Deferred 3117109) 3/5 (Commissioner Palmer) 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE POSITION OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES CHAPTER 2, "ADMINISTRATION AND CITY GOVERNMENT," SECTION 2 -4.4, ENTITLED "RESERVED," PROVIDING FOR AN ANNUAL PERFORMANCE EVALUATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Deferred 3117109) 3/5 (Commissioner Palmer) REGULAR CITY COMMISSION 2 AGENDA - April 21, 2009 (The following item will be withdrawn at the request of the sponsor, Commissioner Newman and it will be replaced with Item no. 10 on the agenda) 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE ENTITLED "LOT MAINTENANCE AND ABANDONED PROPERTY;" OF CHAPTER 15, RELATING TO "OFFENSES AND MISCELLANEOUS PROVISIONS "; PROVIDING FOR FINES; STANDARDS FOR LOT MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY; PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. (Deferred 3117109) 3/5 (Commissioner Newman) RESOLUTION (S) /PUBLIC HEARING (S) 7. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL ON PROPERTY WITHIN A "LO" LOW - INTENSITY OFFICE USE DISTRICT LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (Deferred 3117109) (City Manager) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) 8. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE REGULAR CITY COMMISSION 3 AGENDA - April 21, 2009 EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS;; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 ORDINANCE (S) FIRST READING 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING SECTION 2 -22 ENTITLED "TERM LIMITS" LIMITING TERMS OF OFFICE FOR COMMITTEE.OR BOARD MEMBERS SERVING ON A PARTICULAR BOARD . OR COMMITTEE TO TWO CONSECUTIVE TERMS; PROVIDING FOR CODIFICATION, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (Deferred 3117109) 3/5 (Commissioner Palmer) 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF ORDINANCES, AMENDING CHAPTER 12, ENTITLED "HEALTH AND SANITATION" SECTIONS 12 -8.3 THROUGH 12 -8.4 RELATING TO "LOT MAINTENANCE AND ABANDONED PROPERTY;" PROVIDING FOR FINES, STANDARDS FOR LOT MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS UPON ENACTMENT OF HOUSE BILL 211, TO REGISTER WITH THE STATE ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 3/5 (Commissioner Newman) 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE AMENDING CHAPTER 15 BY ADDING SECTION 15 -100.1 ENTITLED "ANIMAL NOISES "; PROVIDING A VIOLATION FOR FREQUENT, HABITUAL OR CONTINUED NOISE FROM AN ANIMAL; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Newman) REGULAR CITY COMMISSION 4 AGENDA - April 21, 2009 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI'S COMMUNITY RELATIONS BOARD (CRB); AMENDING THE DUTIES OF THE CRB TO INCLUDE WORKING WITH THE HOMELESS IN OUR COMMUNITY, TO SEEK PROFESSIONAL AND ECONOMIC HELP FOR THE HOMELESS, AND PROVIDE SENSITIVITY TRAINING TO LAW ENFORCEMENT AND THE COMMUNITY AT LARGE TO THE NEEDS OF THE HOMELESS; AND (2) REDUCING THE NUMBER OF MEMBERS PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING COMMISSION MEETINGS; AMENDING SECTION 2- 2.1(J) OF THE CITY OF SOUTH MIAMI'S CODE OF ORDINANCES, ENTITLED "MANNER OF ADDRESSING COMMISSION; TIME LIMIT" LIMITING PUBLIC REMARKS TO THIRTY MINUTES, PER MEETING; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR A RESTATEMENT OF THE PLAN TO CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN TO COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) (END OF UNFINISHED BUSINESS) PUBLIC REMARKS (5 minutes) CONSENT 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO KILPATRICK TURF & COMMERCIAL EQUIPMENT FOR THE' PURCHASE OF A TURFCO XL METE- R -MATIC TOPDRESSER AND A BANNERMAN BALLPARK FIELD REGULAR CITY COMMISSION 5 AGENDA - April 21, 2009 CONDITIONER IN AN AMOUNT OF $18,715.00 TO BE CHARGED TO PARKS LANDSCAPING MAINTENANCE OPERATING EQUIPMENT ACCOUNT NUMBER 001 - 1750 -519 -6430; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO KILPATRICK TURF & COMMERCIAL EQUIPMENT FOR THE PURCHASE OF A TURFCO XL METE- R -MATIC TOPDRESSER AND A BANNERMAN BALLPARK FIELD CONDITIONER IN AN AMT OF $18,715 TO BE CHARGED TO PARKS LANDSCAPING MAINTENANCE OPERATING EQUIP ACCT W /CURRENT BAL$19,998) (City Manager) 16. A RESOLUTION OF THE MAYOR AND CITY COMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO PITTS ENGINE AND TRANSMISSION, INC. FOR THE TRANSMISSION REPAIR TO VOLVO AUTOMATED REFUSE COLLECTION TRUCK NO. 2137 IN AN AMOUNT OF $7,142.26 TO BE CHARGED TO EQUIPMENT MAINTENANCE OUTSIDE SERVICE ACCOUNT NUMBER 001- 1760 - 519 -4680; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO PITTS ENGINE AND TRANSMISSION FOR THE TRANSMISSION REPAIR TO VOLVO AUTOMATED REFUSE COLLECTION TRUCK NO. 2137 IN AN AMT OF $7,142.26 TO BE CHARGED TO EQUIP MAINTENANCE OUTSIDE . SERVICE ACCT W /CURRENT BAL$ 11,844.06) (City Manager) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO AIR FORCE MECHANICAL, INC. FOR THE REPLACEMENT OF A TRANE 7.5 TON AIR CONDITIONING UNIT AT THE POLICE DEPARTMENT IN AN AMOUNT OF $7,770.00 TO BE CHARGED TO BUILDING MAINTENANCE OPERATING EQUIPMENT ACCOUNT NUMBER 001- 1710- 519 -6430; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO AIR FORCE MECHANICAL FOR THE REPLACEMENT OF A TRANE 7.5 TON AIR CONDITIONING UNIT AT THE POLICE DEPARTMENT IN AN AMOUNT OF $7,770 TO BE CHARGED TO BUILDING MAINTENANCE OPERATING EQUIP ACCT W /CURRENT BAL$16, 894. 00) (City Manager) 18. A RESOLUTION OF THE MAYOR AND CITY COMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO RENEW CONTRACT NO. AP 579, A JOINT PROJECT AGREEMENT FOR FY 2009/2010 WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR TURF AND LANDSCAPE MAINTENANCE FUNDING IN THE AMOUNT OF $3,592.00; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW CONTRACT NO. AP 579, A JOINT PROJECT AGREEMENT FOR FY 200912010 WITH FL DEPT OF TRANSPORTATION FOR TURF AND LANDSCAPE MAINTENANCE FUNDING IN THE AMT OF $3,592) (City Manager) REGULAR CITY COMMISSION 6 AGENDA - April 21, 2009 19. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE WORK ORDER TO DENY SOD SERVICE CORPORATION IN AN AMOUNT OF $15,250.00 FOR SAFETY IMPROVEMENTS TO THE MURRAY PARK ATHLETIC FIELDS AND TO CHARGE THE COST OF IMPROVEMENTS TO THE MULTI- PURPOSE CENTER ACCOUNT NUMBER 001 -2020- 519 -6430; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO JENY SOD SERVICE CORP. FOR AN AMT OF $15,250 FOR SAFETY IMPROVEMENTS TO THE MURRAY PARK ATHLETIC FIELDS AND TO BE CHARGED TO THE MULTI - PURPOSE CENTER ACCT W /CURRENT BAL$23,302.01) (City Manager) 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROPRIATIONS FOR THE NOVEMBER 4,, 2008 SPECIAL ELECTION FOR THE CITY OF SOUTH MIAMI; APPROVING THE EXPENDITURE OF $7,246.00 FOR ELECTION COSTS; CHARGING $2,467.64 TO THE ELECTION ACCOUNT NO. 001- 1200 -512- 4920; AND $4,778.36 TO THE NON - DEPARTMENT GENERAL CONTINGENCY ACCOUNT NO. 001 -2100- 519 -9920 AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION FOR THE NOVEMBER 4, 2008 SPECIAL ELECTION FOR THE CITY OF SOUTH MIAMI; APPROVING THE AMOUNT OF $2,467.00 TO THE ELECTION ACCT; AND $4,779 TO THE NON - DEPARTMENTAL GENERAL CONTINGENCY ACCT /CURRENT BALS$2,467.64 & $94,119.88 RESPECTIVELY) (City Manager) 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROPRIATIONS FOR THE JUNE 9, 2009 SPECIAL ELECTION FOR THE CITY OF SOUTH MIAMI; APPROVING THE EXPENDITURE OF $ FOR ELECTION COSTS FROM THE UNDESIGNATED CONTINGENCY CASH RESERVE FUND; CHARGING PAYMENT TO THE ELECTIONS ACCOUNT NO. 001- 1200 - 512 -4920; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO APPROPRIATIONS FOR THE JUNE 9, 2009 SPECIAL ELECTION FOR THE CITY OF SOUTH MIAMI; APPROVING THE EXPENDITURE OF $ FOR ELECTION COSTS FROM THE UNDESIGNATED CONTINGENCY CASH RESERVE FUND) (City Manager) 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING DEAN WHITMAN TO SERVE ON THE PLANNING BOARD FOR A TERM OF TWO YEARS ENDING APRIL 20, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING DEAN WHITMAN TO SERVE ON THE PLANNING BOARD FOR A TERM OF TWO YEARS ENDING APRIL 20, 2011) (Mayor Feliu) REGULAR CITY COMMISSION 7 AGENDA - April 21, 2009 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING CHARLES RUIZ DE CASTILLA TO SERVE ON THE GREEN TASK FORCE FOR AN UNEXPIRED TERM ENDING DECEMBER 3, 2009; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING CHARLES RUIZ DE CASTILLA TO SERVE ON THE GTF FOR AN UNEXPIRED TERM ENDING DEC 3, 2009) (Mayor Feliu) 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING GIORGIO BALLI, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR AN UNEXPIRED TERM ENDING MAY 5, 2010; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPOINTING GIORGIO UNEXPIRED TERM ENDING MAY 5, 2010) (Mayor 3/5 BALLI TO SERVE ON THE ERPB FOR AN Feliu) 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION. OF THE CITY OF SOUTH MIAMI,. FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING JANET LAUNCELOTT TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR, ENDING APRIL 20, 2010; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION RE- APPOINTING JANET LAUNCELOTT TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A 1 -YR TERM ENDING APRIL 20, 2010) (Mayor Feliu) 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING MARY SCOTT RUSSELL TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR, ENDING.APRIL 20, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING MARY SCOTT RUSSELL TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A 1 -YR TERM ENDING APRIL 20, 2010) (Mayor Feliu) 27. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,. FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING JOHN EDWARD SMITH TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR, ENDING APRIL 20, 2010; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPOINTING JOHN EDWARD SMITH TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A 1 -YR TERM ENDING APRIL 20, 2010) (Mayor Feliu) REGULAR CITY COMMISSION 8 AGENDA - April 21, 2009 28. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RECOGNIZING FORMER MAYOR CATHY MCCANN AS AN EXEMPLARY COMMUNITY ACTIVIST. AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION RECOGNIZING FORMER MAYOR CATHY MCCANN AS AN EXEMPLARY COMMUNITY ACTIVIST) (Commissioner Palmer) 29. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AFFORDABLE HOUSING AND DESIGNATING , 2009 AS A CITY OF SOUTH MIAMI "CITY COMMISSION WORK DAY" IN CONCERT WITH HABITAT FOR HUMANITY TO CONSTRUCT AFFORDABLE HOUSING IN THE CITY OF SOUTH MIAMI AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION DESIGNATING , 2009 AS A "CITY COMMISSION WORK DAY" IN CONCERT WITH HABITAT FOR HUMANITY TO CONSTRUCT AFFORDABLE HOUSING IN THE CITY OF SOUTH MIAMI) (Commissioner Palmer) RESOLUTION (S) (NONE) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (CONT'D) 30. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO PROVIDE A DEFINITION OF A MOBILE PET GROOMING SERVICE AND AMENDING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A MOBILE PET GROOMING SERVICE AS A "P" PERMITTED USE IN ALL RESIDENTIAL ZONING USE DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 5/5 (Vice Mayor Beasley) RESOLUTION (S) /PUBLIC HEARING (S) (NONE) REGULAR CITY COMMISSION 9 AGENDA - April 21, 2009 ORDINANCE (S) FIRST READING 31. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SPECIAL ELECTION TO FILL A VACANCY FOR AN UN- EXPIRED TERM OF THE CITY COMMISSIONER FOR GROUP IV; SCHEDULING THE DAY, PLACE AND TIME IOF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. .3/5 (Mayor Feliu) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER,, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A 14AJORXTY VOTE OF THE C0mmXSSION. " COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 10 AGENDA - April 21, 2009