02-17-09 AgendaSouth 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
Regular Meeting date: February 17, 2009
City Commission Workshop (FPL): March 2, 2009 Time: 7:00 PM
Next Meeting date: March 3, 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
the City Commission tonight must have
the City Clerk as indicated above.
p.m.
1) Proclamation and Key to the City -
recognizing former Mayor, Cathy McCann
2) Officers of the Month
REGULAR CITY COMMISSION
AGENDA - February 17, 2009
1
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of February 3, 2009
2. City Manager's Report
a) Update on Miami -Dade County's Improvement to SW 62 °d Avenue.
b) Abandoned Construction site adjacent to So. Miami Metro -rail
Station.
c) Status Report on Affordable Housing Commitment in Development
Agreement for Red Road Commons Project.
d) Utility Use of ROW regarding AT &T Box.
e) 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
PUBLIC REMARKS
(5 minutes)
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION
PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO
PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE
TO PROMOTE THE ANNUAL FAIRCHILD TROPICAL GARDEN ORCHID
FESTIVAL A FUNDRAISING EVENT TO BE HELD AT THE GARDENS
MARCH 13 -15, 2009: PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DR TO
PROMOTE THE ANNUAL FAIRCHILD TROPICAL GARDEN ORCHID FESTIVAL A
FUNDRAISING EVENT TO BE HELD AT THE GARDENS MARCH 13 -15, 2009)
(City Manager)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS AND
COMMITTEES, APPOINTING ALEJANDRO REMOS TO THE GREEN
TASK FORCE FOR AN UNEXPIRED TERM ENDING DECEMBER 3,
2009: PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING ALEJANDRO REMOS TO THE GREEN TASK FORCE FOR AN
UNEXPIRED TERM ENDING 12103109)
(Mayor Feliu)
REGULAR CITY COMMISSION 2
AGENDA - February 17, 2009
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF
SOUTH MIAMI PERSONNEL MANUAL; PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AMENDING THE CITY OF SOUTH MIAMI PERSONNEL MANUAL)
(City Manager)
RESOLUTION (S)
7. 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
(Deferred 2103109)
(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)
8. 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. (Deferred 2103109) 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)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE CITY
MANAGER TO CONSIDER REFRAINING FROM PROVIDING EMPLOYEES
WITH MERIT INCREASES DURING THIS FISCAL YEAR, 2008-
2009, IF THE ACTUAL REVENUES RECEIVED BY THE CITY ARE
LESS THAN NINETY PERCENT OF THE PROJECTED REVENUES IN
THE APPROVED BUDGET OR IF THE EFFECT OF PROVIDING SUCH
MERIT INCREASES WOULD RESULT IN THE ELIMINATION OF
POSITIONS, EXCEPT TO THE EXTENT THAT SUCH FREEZE WOULD
CONTRAVENE ANY LAW; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION DIRECTING THE CITY MANAGER TO CONSIDER REFRAINING FROM
PROVIDING EMPLOYEES WITH MERIT INCREASES DURING THIS FY 08 -09, IF THE
ACTUAL REVENUES RECEIVED BY THE CITY ARE LESS THAN 90. OF THE PROJECTED
REVENUES IN THE APPROVED BUDGET OR IF THE EFFECT OF PROVIDING SUCH MERIT
INCREASES WOULD RESULT IN THE ELIMINATION OF POSITIONS, EXCEPT TO THE
EXTENT THAT SUCH FREEZE WOULD CONTRAVENE ANY LAW)
(Commissioner Palmer)
REGULAR CITY COMMISSION 3
AGENDA - February 17, 2009
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY
MANAGER'S CONTRACT; AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SOUTH
MIAMI AND W. AJIBOLA BALOGUN; PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF SOUTH MIAMI AND W. AJIBOLA BALOGUN)
(Commissioner Newman)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
11. 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. 3/5
(Commissioner Beckman)
RESOLUTION (S) /PUBLIC HEARING (S)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE
OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION
20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE
EXPANSION OF REAR BEDROOMS, INSTALLATION OF SWIMMING
POOL, AND RELOCATION / RECONSTRUCTION OF WOOD DECK ON
A RESIDENCE LOCATED AT 6282 MILLER DRIVE WITHIN THE
CAMBRIDGE LAWNS HISTORIC DISTRICT, PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION FOR APPROVAL OF THE EXPANSION OF REAR BEDROOMS,
INSTALLATION OF SWIMMING POOL, AND RELOCATION / RECONSTRUCTION OF WOOD
DECK ON A RESIDENCE LOCATED AT 6282 MILLER DR)
(City Manager)
REGULAR CITY COMMISSION 4 .
AGENDA - February 17, 2009
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA REVOKING A DEVELOPMENT
AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3225 FOR
A UNIFIED DEVELOPMENT PROJECT PREVIOUSLY KNOWN AS
"PROJECT SUNSET" AND NOW IDENTIFIED AS THE "FIRST ON
SUNSET " PROJECT WHICH INCLUDES THREE BUILDINGS UP TO
FOUR (4) STORIES IN HEIGHT WITH A NON - RESIDENTIAL
FLOOR AREA RATIO OF .45 AND THE FOLLOWING USES: 108
MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE
USES, RESTAURANTS, BANK AND PARKING GARAGES; ALL FOR
PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND
LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU
66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF
W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC
RECORDS OF MIAMI -DADE COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(Commissioner Newman)
ORDINANCE (S) FIRST READING
14. 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. 1 3/5
(Commissioner Palmer)
15. 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
REGULAR CITY COMMISSION 5
AGENDA - February 17, 2009
ANNUAL PERFORMANCE EVALUATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(Commissioner Palmer)
16. 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. 3/5
(Commissioner Newman)
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 INPERTINENT, OR SLANDEROUS REMARKS OR
WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE
COM4X SSION 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 - February 17, 2009
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City of South Miami
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Tel. (305) 663 -6350 Fax (305) 668 -7208
MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
Via: W.A. Balogun, City Manager
From: Jose Olivo, P.E., 0.
Public Works Director•
Date: February 13, 2009
Subject: Miami -Dade County Improvements to SW 62 "d Avenue
(From SW 701h St. to SW 64th St.)
South Miami
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Per City Commission request, the following is an update on the status of completion for the
above referenced subject as provided by the Miami -Dade County (MDC) Public Works
Department- Highway Division.
Status — Under design;
MDC is awaiting for 90% plans to be delivered by their engineering consultant on
February 13, 2009. Thereafter, MDC will submit a copy of the 90% plans to the City of
South Miami for review.
• Complete Design
• Advertise for Bids
• Receive Bids
• Contract Award
• Begin Construction
• End Construction
April 2009
June 2009
July 2009
November 2009
December 2009
September 2010
END OF MEMO
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