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03-03-09 AgendaSouth Miami au- America CRY 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: jay Beckman CITY COMMISSION AGENDA City Commission Meeting Regular Meeting date: March 3, 2009 Next Meeting date: March 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 been registered with E. Presentation(s) 7:00 (NONE) REGULAR CITY COMMISSION AGENDA - March 3,' 2009 the City Commission tonight must have the City Clerk as indicated above. p.m. 1 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of February 17, 2009 2. City Manager's Report a) Miami -Dade County Improvements to SW 62nd Avenue; b) Submittal of .Red Road Commons Project Annual Report and scheduling report for review by the City Commission. 3. City Attorney's Report UNFINISHED BUSINESS RESOLUTION (S) 4. 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. (Deferred 2103109) 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) 5. 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) REGULAR CITY COMMISSION 2 AGENDA - March 3,.2009 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 6. 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) 7. 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) ORDINANCE (S) FIRST READING 8. 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. 3/5 (Commissioner Palmer) REGULAR CITY.COMMISSION 3 AGENDA - March 3, 2009 9. 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. 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, 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) (END OF UNFINISHED BUSINESS) PUBLIC REMARKS (5 minutes) CONSENT 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI-DADE COUNTY POLICE BENEVOLENT ASSOCIATION (LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 4 AGENDA - March 3, 2009 (A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A 1 -YR CONTRACT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION SUPERVISORY COLLECTIVE BARGAINING UNIT (LIEUTENANTS AND CAPTAINS) AND THE CSM) (City Manager) 12. A RESOLUTION OF THE MAYOR AND .CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE CHILDREN'S TRUST FOR THE AFTER SCHOOL HOUSE IN THE AMOUNT OF $174,888.00; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE CHILDREN'S TRUST FOR THE AFTER SCHOOL HOUSE IN THE AMT OF $174,888.00) (City Manager) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH SAFETY ZONE SPECIALISTS, INC. FOR THE PURCHASE OF 200 SAFETY TRAFFIC BARRICADES AND 45 PORTABLE STOP SIGNS IN AN AMOUNT OF $13,737.75 TO BE CHARGED TO STREETS MAINTENANCE OPERATING EQUIPMENT ACCOUNT NUMBER 001- 1730- 541 -6430; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH SAFETY ZONE SPECIALISTS FOR THE PURCHASE OF 200 SAFETY TRAFFIC BARRICADES AND PORTABLE 'STOP SIGNS IN AN AMT OF $13,762.75 CHARGING THE STREETS /MAINTENANCE OPERATING EQUIP ACCT W /CURRENT BAL$21,768) (City Manager) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH ALL DADE LAWNMOWERS INC. FOR THE PURCHASE OF A 25HP SCAG TIGER CAT RIDDING LAWNMOWER IN AN AMOUNT OF $6,783.00 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 EXECUTE A PURCHASE ORDER WITH ALL DADE LAWNMOWERS FOR.THE PURCHASE OF A 25HP SCAG TIGER CAT RIDDING LAWNMOWER IN AN AMT OF $6,783 CHARGING THE PARKS LANDSCAPING MAINTENANCE OPERATING EQUIPMENT ACCT W /CURRENT BAL$24,927) (City Manager) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL GENERAL ENGINEERING SERVICES AGREEMENTS WITH TY LIN INTERNATIONAL /HJ ROSS, KIMLEY -HORN AND ASSOCIATES, INC. AND E.A.C. CONSULTING, INC. PROVIDING FOR AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 5 AGENDA - March 3, 2009 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL GRL ENGINEERING SERVICES AGREEMENTS WITH TY LIN INT'L/HJ ROSS, KIMLEY -HORN AND ASSOC. AND E.A.C. CONSULTING) (City Manager) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE FIVE -YEAR (2008/09 TO 2012/13) CAPITAL IMPROVEMENTS PLAN; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION ADOPTING THE 5 -YR 2008109 - 2012113 CIP) _ (City Manager) 17. 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 $29,810.69; CHARGING $29,810.69 TO ACCOUNT NO. 001 - 1500 - 514.31 -20; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING ATTY'S FEES FOR NGF IN THE AMT OF $29,810.69 CHARGING ACCT# 001 - 1500 - 514.31 -20 W /CURRENT BAL $68,985.29) (City Attorney) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING ANTHONY L. TOLGYESI TO SERVE ON THE PARK AND RECREATION BOARD FOR A TWO -YEAR TERM ENDING MARCH 2, 2011; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION RE- APPOINTING ANTHONY TOLGYESI TO SERVE ON THE PARK /REC BD FOR A 2 -YR TERM ENDING 3102111) 3/5 (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 PATRICK FLOOD TO SERVE ON THE PARK AND RECREATION BOARD FOR A TWO -YEAR TERM ENDING MARCH 2, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING PATRICK FLOOD TO SERVE ON THE PARK /REC BD FOR A 2 -YR TERM ENDING 3102111) (Mayor Feliu) 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING VALTENA GIBSON BROWN TO SERVE ON THE PARK AND RECREATION BOARD FOR AN UNEXPIRED TERM ENDING JULY 23, 2010; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPOINTING VALTENA GIBSON BROWN TO SERVE ON THE PARK /REC BD FOR AN UNEXPIRED TERM ENDING 7123110) 3/5 (Mayor Feliu) REGULAR CITY COMMISSION 6 AGENDA - March 3, 2009 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING EVELIO C. TORRES TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR, ENDING MARCH 2, 2010; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPOINTING EVELIO TORRES TO SERVE ON THE CHARTER REVIEW COMMITTEE FORA 1 -YR TERM ENDING 3102110) 3/5 (Mayor Feliu) 22. 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 CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR, ENDING MARCH 2, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING CHARLES RUIZ DE CASTILLA TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A 1 -YR TERM ENDING 3102110) (Mayor Feliu) 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING WALTER HARRIS TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR, ENDING MARCH 2, 2010; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPOINTING WALTER HARRIS TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A 1 -YR TERM ENDING 3102110) 3/5 (Mayor Feliu) RESOLUTION (S) (CONT'D) 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY MANAGER'S CONTRACT; AUTHORIZING A CLARIFICATION OF THE CONTRACT BETWEEN THE CITY OF SOUTH MIAMI AND W. AJIBOLA BALOGUN TO REFLECT THE INTENT OF THE PARTIES; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT BETWEEN THE CSM AND W. AJIBOLA BALOGUN) (Mayor Feliu) 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE MIAMI -DADE COUNTY PUBLIC SCHOOLS' LEGISLATIVE INITIATIVE AND REGULAR CITY COMMISSION 7 AGENDA - March 3, 2009 REQUESTS TO THE FLORIDA LEGISLATURE; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION SUPPORTING THE MIAMI -DADE COUNTY PUBLIC SCHOOLS' LEGISLATIVE INITIATIVE AND REQUESTS TO THE FLORIDA LEGISLATURE) (Commissioner Palmer) ORDINANCE (S) SECOND READING PUBLIC NEARING (S) (CONT'D) 26. 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) RESOLUTION (S) /PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING (CONT'D) 27. 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 REGULAR CITY COMMISSION 8 AGENDA - March 3, 2009 BOARD MEMBERS SERVING ON A PARTICULAR BOARD OR COMMITTEE TO TWO CONSECUTIVE TERMS; PROVIDING FOR CODIFICATION, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 (Commissioner Palmer) 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 C0wXSSION 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 COMbfxSSION. " 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 9 AGENDA - March 3, 2009