02-03-09 Revised 3(b);i+
South Miami
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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:
Jay Beckman
CITY COMMISSION AGENDA
City Commission Meeting
(REVISED [3.b])
Regular Meeting date: February 3, 2009
Next Meeting date: February 17, 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 the City Commission tonight must have
been registered with the City Clerk as indicated above.
E. Presentation(s) 7:00 p.m.
1) Planning and Zoning Department
REGULAR CITY COMMISSION 1
AGENDA - February 3, 2009
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of January 14, 2009
b) Minutes of January 20, 2009
2. City Manager's Report
a) Update on the posting of the Planning Director and Public
Works Director position.
b) Update of Monthly Financial Status Reports
c) Update on meeting with Ms. Victoria Calvin, owner of Splish
Splash Pet Grooming Services.
d) Update on speeding issues along SW 60 Ave at approximately SW
64 Street.
e) Supplemental report on ADA compliance regarding the number of
handicap parking stalls in the City's parking garage.
f) Annual Report required by First on Sunset Project
Development Agreement submitted by Jerry Proctor, Esq.
representing project developer and property owner South
Miami Corporation
3. City Attorney's Report
a) Ordinance on EAR amendment
b) City Manager's Contract
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 EXECUTE AN AGREEMENT WITH M. VILA AND
ASSOCIATES, INC. FOR CONSTRUCTION OF SUNSET DRIVE
IMPROVEMENTS PHASE III (FROM SW 62r1D AVENUE TO SW 63'
AVENUE) IN AN AMOUNT OF $331,932.87 TO BE CHARGED TO
CAPITAL IMPROVEMENT ACCOUNT NUMBER 001 -1790- 519 -6440 AND
THE PEOPLE'S TRANSPORTATION PLAN (PTP) FUND ACCOUNT
NUMBER .124- 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH M.
VILA & ASSOCIATES, FOR CONSTRUCTION OF SUNSET DR PH III (FROM SW 62ND AVE TO
REGULAR CITY COMMISSION 2
AGENDA - February 3, 2009
SW 63RD AVE) IN AN AMT OF $331,932.87 TO BE CHARGED TO THE CAPITAL
IMPROVEMENT & THE PEOPLE'S TRANSPORTATION PLAN ACCTS)
(City Manager)
5. 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 CORZO CASTELLA
CARBALLO THOMPSON SAT —MAN, P.A. (C3TS) FOR CONSTRUCTION
PHASE SERVICES FOR SUNSET DRIVE IMPROVEMENTS -PHASE III
IN AN AMOUNT OF $33,940.00 TO BE CHARGED TO THE
PEOPLE'S TRANSPORTATION PLAN FUND ACCOUNT NUMBER 124-
1730- 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO C3TS
FOR CONSTRUCTION PH SERVICES FOR SUNSET DR IMPROVEMENTS IN AN AMT OF
$33,940 TO BE CHARGED TO THE PEOPLE'S TRANSPORTATION PLAN FUND ACCT
W /CURRENT BAL$440,000)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA REQUESTING FOR MIAMI -DADE
COUNTY TO PROVIDE SAFE PEDESTRIAN WALKWAYS ALONG THE
NORTH AND SOUTH SIDES OF SW 8OTH STREET PUBLIC RIGHT -OF -
WAY FROM U.S. 1 (SOUTH DIXIE HIGHWAY) TO THE FEC
RAILROAD (RR) TRAIL (JUST WEST OF SW 69TH AVENUE) ;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION REQUESTING FOR MIAMI -DADE COUNTY TO PROVIDE SAFE PEDESTRIAN
WALKWAYS ALONG THE COUNTY SW 80' ST PUBLIC RIGHT -OF -WAY FROM USI TO THE
RAILROAD TRAIL WHICH RUNS PARALLEL TO SW 69TH AVE)
(Commissioner Beckman)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, AUTHORIZING THE CITY MANAGER TO
INITIATE A PROPERTY ACQUISITION PROCESS (INCLUDING
PAYMENT OF APPRAISAL FEES UNDER THE MAXIMUM
ADMINISTRATIVE EXPENDITURE LEVEL) WITH THE TRUST FOR
PUBLIC LAND IN ORDER TO ACQUIRE VACANT LAND LOCATED AT
6540 MANOR LANE FOR PARK PURPOSES; FURTHER AUTHORIZING
THE CITY MANAGER TO PLACE THE SUBJECT ACQUISITION IN THE
PROPOSED CAPITAL IMPROVEMENT PLAN (FY 2008/09 -
2012/13); PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO INITIATE A PROPERTY
ACQUISITION PROCESS WITH THE TRUST FOR PUBLIC LAND IN ORDER TO ACQUIRE
VACANT LAND LOCATED AT 6540 MANOR LN FOR PARK PURPOSES; TO PLACE THE
SUBJECT ACQUISITION IN THE PROPOSED CAPITAL IMPROVEMENT PLAN (FY 08109 -
12/13)
(Commissioner Beckman)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO REIMBURSE BARBARA ACKER FOR HER SERVICES TO
THE CITY OF SOUTH MIAMI DURING JULY 1ST THROUGH DECEMBER
REGULAR,CITY COMMISSION 3
AGENDA - February 3, 2009
15TH 2008 IN THE PLANNING AND COORDINATING OF THE 2008
SANTA'S PARADE OF ELVES IN THE AMOUNT OF $6,000.00
FUNDED $4,000.00 FROM 07/08 FISCAL YEAR ACCOUNT NUMBER
001- 2100 - 519 -9910 AND $2,000.00 TO BE CHARGED TO THE
CURRENT YEAR ACCOUNT NUMBER 001 - 2100 - 519 -9910, NON -
DEPARTMENTAL SPECIAL EVENTS; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE BARBARA ACKER FOR
HER SERVICES TO THE CITY DURING OCT 1ST THRU DEC 15TH 2008 IN THE PLANNING
AND COORDINATING OF THE 2008 SANTA'S PARADE OF ELVES IN THE AMT OF $6,000
FUNDED $4,000 FROM 07108 FY ACCT AND $2,000 TO BE CHARGED TO THE NON -
DEPARTMENTAL SPECIAL EVENTS ACCT W /CURRENT BAL$12,103.94)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, DIRECTING THE PLANNING BOARD TO
CONSIDER AMENDING THE DEFINITION OF COMMERCIAL VEHICLE
IN THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER
PROVIDE A MORE SPECIFIC DEFINITION AND TO CLARIFY THE
SECTION WHICH PROHIBITS PARKING OF COMMERCIAL VEHICLES
IN RESIDENTIAL ZONES; PROVIDING FOR AN EFFECTIVE DATE.
(A RESOLUTION DIRECTING THE PLANNING BD TO CONSIDER AMENDING THE DEFINITION
OF COMMERCIAL VEHICLE IN THE SO MIAMI LAND DEVELOPMENT CODE IN ORDER
PROVIDE A MORE SPECIFIC DEFINITION AND TO CLARIFY THE SECTION WHICH
PROHIBITS PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONES) 3/5
(Vice Mayor Beasley)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH URBAN STONEWORKS
FOR THE CONSTRUCTION AND INSTALLATION OF CAMBRIDGE LAWNS
HISTORIC MARKERS IN THE AMOUNT OF $ 8,768.34 TO BE
CHARGED AS FOLLOWS: $8,000.00 TO THE CITY'S PLANNING
DEPARTMENT CONTRACTUAL SERVICES ACCOUNT NUMBER 001 -1620-
524- 3450 AND $768.34 TO THE CITY'S PLANNING DEPARTMENT
PROFESSIONAL SERVICES ACCOUNT NUMBER 001 - 1620 -524 -3100;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
URBAN STONEWORKS FOR THE CONSTRUCTION /INSTALLATION OF CAMBRIDGE LAWNS
HISTORIC MARKERS IN THE AMT OF $8,768.34 TO BE CHARGED AS FOLLOWS: $8,000
TO THE PLANNING DEPT CONTRACTUAL SERVICES ACCT AND $768.34 TO THE
PROFESSIONAL SERVICES ACCT W /CURRENT BALS$2,605 & $5,231.66 RESPECTIVELY)
(City Manager)
11. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; ESTABLISHING THE BUDGET AND FINANCE
COMMITTEE FOR THE FISCAL YEAR 2009 -2010; PROVIDING FOR
THE APPOINTMENT OF MEMBERS FOR A TERM ENDING SEPTEMBER
30, 2009; AND PROVIDING AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 4
AGENDA - February 3, 2009
(A RESOLUTION ESTABLISHING THE BUDGET AND FINANCE COMMITTEE FOR THE FY 09-
10; PROVIDING FOR THE APPOINTMENT OF MEMBERS FOR A TERM ENDING SEPTEMBER
30, 2009)
(Commissioner Newman)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $22,100.00; CHARGING
$22,000.00 TO ACCOUNT NO. 001 -1500- 514.31 -20; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $22,100;
CHARGING ACCOUNT NO. 001 - 1500 - 514.3120 W /CURRENT BAL$98,455.98)
(City Attorney)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING SUZANNE WILLIAMS, A RESIDENT
OF THE CITY OF SOUTH MIAMI, TO SERVE ON THE BOARD OF
TRUSTEES /POLICE OFFICERS FOR A TWO YEAR TERM ENDING
FEBRUARY 2, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RE- APPOINTING SUZANNE WILLIAMS TO SERVE ON THE BD OF
TRUSTEES /POLICE OFFICERS FOR A TERM ENDING FEBRUARY 2, 2011)
(Mayor Feliu)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING SGT. MICHAEL D'ANGELO TO SERVE
ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A TWO -YEAR
TERM ENDING FEBRUARY 2, 2011; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION RE- APPOINTING SGT. MICHAEL D'ANGELO TO SERVE ON THE BD OF
TRUSTEES /POLICE OFFICERS FOR A TERM ENDING FEBRUARY 2, 2011)
(Mayor Feliu)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING BRENDA J. YATES TO SERVE ON
THE PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING
FEBRUARY 2, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RE- APPOINTING BRENDA J. YATES TO SERVE ON THE PB FOR A TERM
ENDING FEBRUARY 2, 2011)
. (Mayor Feliu)
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING C. DAVID MORTON TO SERVE ON
THE PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING
FEBRUARY 2, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 5
AGENDA - February 3, 2009
(A RESOLUTION RE- APPOINTING DAVID MORTON TO SERVE ON THE PB FOR A TERM
ENDING FEBRUARY 2, 2011)
(Mayor Feliu)'
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING HENRY FARFAN TO SERVE ON THE
PLANNING BOARD FOR A TERM OF TWO YEARS ENDING FEBRUARY
2, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RE- APPOINTING HENRY FARFAN TO SERVE ON THE PB FOR A TERM
ENDING FEBRUARY 2, 2011)
(Mayor Feliu)
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING JORGE CRUZ TO SERVE ON THE
PLANNING BOARD FOR A TWO -YEAR TERM ENDING FEBRUARY 2,
2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RE- APPOINTING JORGE CRUZ TO SERVE ON THE PB FOR A TERM ENDING
FEBRUARY 2, 2011)
(Mayor Feliu)
19. A RESOLUTION OF THE
MAYOR AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI,
FLORIDA, RELATING
TO BOARDS
AND
COMMITTEES; RE- APPOINTING
NANCY W. YOUNG
TO SERVE ON
THE
PLANNING BOARD FOR A TERM OF TWO YEARS,
ENDING FEBRUARY
2, 2011; AND PROVIDING
AN EFFECTIVE DATE.
3/5
(A RESOLUTION RE- APPOINTING
NANCY YOUNG TO SERVE ON
THE PB FOR A
TERM
ENDING FEBRUARY 2, 2011)
(Mayor Feliu)
RESOLUTION (S)
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ADOPTING A PROPOSED WORK
PROGRAM PREPARED BY THE GREEN TASK FORCE WHICH WILL
RESULT IN THE CITY OF SOUTH MIAMI BECOMING CARBON -
NEUTRAL BY 2030; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION ADOPTING A PROPOSED WORK PROGRAM PREPARED BY THE GREEN TASK
FORCE WHICH WILL RESULT IN THE CITY OF SOUTH MIAMI BECOMING CARBON - NEUTRAL
BY 2030)
(Vice Mayor Beasley)
REGULAR CITY COMMISSION 6
AGENDA - February 3, 2009
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS BY
AMENDING LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER
TO REMOVE THE DEFINITION OF SMALL RESTAURANT; AMENDING
THE PERMITTED USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE
SMALL RESTAURANT AS A SPECIAL USE IN ALL ZONING
DISTRICTS; AMENDING SPECIAL USE CONDITIONS SECTION 20-
3.4(B) IN ORDER TO REMOVE SUB- SECTION (19) ENTITLED SMALL
RESTAURANT: PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
(Deferred 11106108 & 11118108) 5/5
(Commissioner Beckman)
RESOLUTION (S) /PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE CITY OF
SOUTH MIAMI CODE OF ORDINANCES, BY AMENDING CHAPTER TWO,
SECTION 2 -2.9 ENTITLED "RESERVED" AND TO RE -TITLE THE
PROVISION TO "PROPOSED ANNUAL BUDGET - SUPPORT
DOCUMENTATION "; PROVIDING FOR CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE. 5/5
(Commissioner Beckman)
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN
CONDUCTING EFFICIENT AND ORDERLY COIN MXSSION MEETINGS.
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (K) (2)
OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON
MAKING PERSONAL IAPERTINENT, OR SLANDEROUS REMARKS OR
WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE
COMMXSSION 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 CO"4xSSION. "
REGULAR CITY COMMISSION 7
AGENDA - February 3, 2009
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 8
AGENDA - February 3, 2009