06-16-09 AgendaSouth Miami
An- America CHY
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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: Lew Sellars
CITY COMMISSION AGENDA
City Commission Meeting
Regular Meeting date: June 16, 2009
Next Regular Meeting date: July 21, 2009
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
been registered with
E. Presentation(s) 7:00
1. Ernie Capers
the City Commission tonight must have
the City Clerk as indicated above.
p.m.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of June 2, 2009
REGULAR CITY,COMMISSION 1
AGENDA - June 16, 2009
2.-City Manager's Report (25 minutes)
a) Vendor's over $5,000
b) Update on retail use of South Miami Hospital Property
c) Auditor's Presentation - Comprehensive Annual Financial
Report for the Fiscal Year, ended September 30, 2008.
3. City Attorney's Report (15- minutes)
PUBLIC REMARKS
(5 minutes)
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A TWO YEAR LEASE AND MAINTENANCE
CONTRACT FOR TWO POLICE MOTORCYCLES WITH PETERSON'S
HARLEY - DAVIDSON OF MIAMI, DISBURSEMENT OF FUNDS UP TO
$10,200.00 PER YEAR FROM ACCOUNT NUMBER 1910 - 521 -4450
(PURCHASE /LEASE POLICE VEHICLES), PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A 2 -YR
LEASE /MAINTENANCE CONTRACT FOR TWO POLICE MOTORCYCLES WITH PETERSON'S
HARLEY- DAVIDSON OF MIAMI, DISBURSEMENT OF FUNDS UP TO $10,200.00 1YR FROM
THE PURCHASE /LEASE POLICE VEHICLES ACCT W /CURRENT BAL$2,597.)
(City Manager)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PURCHASE ONE MOBILE AND FIVE PORTABLE MACOM
POLICE RADIOS FROM MIAMI -DADE COUNTY'S ENTERPRISE
TECHNOLOGY SERVICES DEPARTMENT IN AN AMOUNT OF
$21,771.10 TO BE CHARGED TO ACCOUNT NUMBER 1910 -521-
6430 (OPERATING EQUIPMENT) , PROVIDING FOR AN EFFECTIVE
DATE. 1 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE 1- MOBILE & 5-
PORTABLE MACOM POLICE RADIOS FROM MIAMI -DADE COUNTY'S ENTERPRISE
TECHNOLOGY SERVICES DEPT IN THE AMT OF $21,771.10 CHARGING THE OPERATING
EQUIPMENT ACCT W /CURRENT BAL$25,126.)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH GENERAL MASONRY
REGULAR CITY COMMISSION 2
AGENDA - June 16, 2009
i
CONSTRUCTION INC, FOR THE CONSTRUCTION AND INSTALLATION
OF CAMBRIDGE LAWNS HISTORIC MARKERS IN THE AMOUNT OF $
8,370.00 TO BE CHARGED AS FOLLOWS: $8,370.00 TO THE
CITY'S PLANNING AND ZONING DEPARTMENT CONTRACTUAL
SERVICES ACCOUNT NUMBER 001-1620- 524 -3450; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
MASONY CONSTRUCTION FOR THE CONSTRUCTION /INSTALLATION OF CAMBRIDGE LAWNS
HISTORIC MARKERS IN THE AMT OF $8,370; CHARGING THE PLANNING DEPT
CONTRACTUAL SVCS ACCT W /CURRENT BALS$48,026.)
(City Manager)
7. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER
TO EXECUTE A GRANT AMENDMENT WITH FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) FOR SOUTH MIAMI
STORMWATER IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AMENDMENT
WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR SOUTH MIAMI
STORMWATER IMPROVEMENTS)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A WORK ORDER TO E.A.C. CONSULTING,
INC. FOR DESIGN, BID AND CONSTRUCTION PHASE SERVICES
FOR THE S.W. 64TH CT. DRAINAGE IMPROVEMENTS FROM SUNSET
DRIVE TO MANOR LANE IN AN AMOUNT OF $49,936.60 TO BE
CHARGED TO STORMWATER TRUST FUND ACCOUNT NUMBER 111-
1730- 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO E.A.C.
CONSULTING, FOR DESIGN, BID AND CONSTRUCTION PHASE SERVICES FOR THE SW
64TH CT DRAINAGE IMPROVEMENTS FROM SUNSET DR TO MANOR LA, IN AN AMT OF
$49,936.60 TO BE CHARGED TO STORMWATER TRUST FUND ACCT W /CURRENT
BAL$51,254.62)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A WORK ORDER TO KIMLEY -HORN AND
ASSOCIATES, INC. (KHA) FOR DESIGN, BID AND CONSTRUCTION
PHASE SERVICES FOR THE CITYWIDE DRAINAGE IMPROVEMENTS
PHASE VI PROJECT (S.W. 59TH AVE, FROM SW 74TH ST. TO
S.W. BOTH ST. AND S.W. 74TH TER., FROM S.W. 59TH AVE. TO
SW 58' AVE.) IN AN AMOUNT OF $84,970.00 TO BE CHARGED
TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(FDEP) GRANT AND PEOPLES TRANSPORTATION PLAN WITH
ACCOUNT NUMBERS 106 - 1727 - 536 -3450 AND 124- 1730 -541-
3450, RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE.3 /5
REGULAR CITY COMMISSION 3
AGENDA - June 16, 2009
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO
KIMLEY -HORN AND ASSOCIATES, FOR DESIGN, BID AND CONSTRUCTION PHASE
SERVICES FOR THE CITYWIDE DRAINAGE IMPROVEMENTS PHASE VI PROJECT IN AN AMT
OF $84,970.00 TO BE CHARGED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION GRANT AND PEOPLES TRANSPORTATION PLAN ACCTS W /CURRENT
BALS$157,464.& $384,132. RESPECTIVELY)
(City Manager)
RESOLUTION (S)
(NONE)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE
SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -5
"NEIGHBORHOOD STABILIZATION PROGRAM (NSP) "; PROVIDING
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. 3/5
(City Manager)
RESOLUTION (S) /PUBLIC HEARING (S)
11. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND
DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING
SITE TO BE 7,003 SQUARE FEET WHERE A MINIMUM LOT SIZE
OF 7,500 SQUARE FEET IS REQUIRED AND 50 FEET OF
FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED
AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE
"RO" RESIDENTIAL OFFICE ZONING USE. DISTRICT; THE
PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION
OF A ONE STORY OFFICE BUILDING; AND PROVIDING FOR AN
EFFECTIVE DATE. 4/5
(A RESOLUTION TO REQUEST A VARIANCE TO ALLOW THE LOT SIZE OF A BUILDING
SITE TO BE 7,003 SQ FT WHERE A MINIMUM LOT SIZE OF 7,500 SQ FT IS
REQUIRED; AND 50 FT OF FRONTAGE WHERE 75 FT IS REQUIRED; ON PROPERTY
LOCATED AT 7641 SW 62 AVE; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE
CONSTRUCTION OF A ONE -STORY OFFICE BUILDING)
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
REGULAR CITY COMMISSION 4
AGENDA -.June 16, 2009
ORDINANCE (S) FIRST READING
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ADOPTED
ORDINANCE 54- 08-1989, WHICH ORDINANCE AUTHORIZED THE
CITY MANAGER TO PURCHASE A STREET SWEEPER, ONE FORD F-
250, ONE SIDE LOADER, ONE DUMP TRUCK AND FOUR (4) CROWN
VICTORIA VEHICLES FOR A TOTAL AMOUNT OF $541,911.00 AND
ACCEPTING THE INTEREST RATE OF 4.25% FOR A FIVE YEAR
FINANCING TERM THROUGH FIRST NATIONAL BANK OF SOUTH
MIAMI WITH FIVE ANNUAL PAYMENTS IN THE AMOUNTS OF
$118,154.00 AND CHARGING THE PUBLIC WORKS ACCOUNT
NUMBERS 001 - 1720 - 534 -4455, 001 - 1730 - 541 -4455, STORM
WATER DRAIN TRUST FUND ACCOUNT NUMBER 111 - 1730 - 541 -4455
AND POLICE DEPARTMENT ACCOUNT NUMBER 001 -1910- 521 -4450
VEHICLE -TRUCK LEASE PURCHASE ACCOUNT NAMES; DURING THE
ADOPTION OF THE INITIAL ORDINANCE THE STREET SWEEPER
WAS TO HAVE BEEN PURCHASED VIA PIGGY -BACK PROCUREMENT,
BUT, WAS ACTUALLY THE SUBJECT OF A THREE -BID QUOTE
PROCESS, WITH THE MOST COMPETITIVE PRICE USED;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 4/5
(City Manager)
13. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION
OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20- 6.2(A) ENTITLED "APPEALS:
ERPB DECISIONS; TIME; STANDING TO APPEAL" IN ORDER
TO
MODIFY THE PROVISION REGULATING THE TIME PERIOD AS
TO
WHEN AN APPEAL OF AN ENVIRONMENTAL REVIEW
AND
PRESERVATION BOARD (ERPB) DECISION CAN BE FILED:
AND
CLARIFYING WHO CAN FILE AN APPEAL OF A DECISION OF
THE
ERPB; PROVIDING FOR SEVERABILITY, ORDINANCES
IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
3/5
(City Manager)
14. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20 -5.8 (C) ENTITLED "SPECIAL
USE APPROVAL: EXPIRATION OF SPECIAL USE APPROVALS" IN
ORDER TO MODIFY THE TIME PERIOD AND CONDITIONS UNDER
WHICH A SPECIAL USE APPROVAL WILL LAPSE; AND TO CREATE
A SUBSECTION (G) ENTITLED "ABANDONMENT OF SPECIAL USE"
PROVIDING A MAXIMUM TIME PERIOD AFTER WHICH A SPECIAL
USE WILL BE CONSIDERED ABANDONED; PROVIDING FOR
REGULAR CITY COMMISSION 5
AGENDA - June 16, 2009
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
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
COM 41SSXON SHALL BE FORTHWITH BARRED FROM FURTHER
AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER,
UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY
VOTE OF THE COMMISSION. "
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 6
AGENDA - June 16, 2009