07-21-09 AgendaSouth Miami
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CITY COMMISSION AGENDA
City Commission Meeting
Commission Workshop (Insurance): July 21, 2009 Time: 6:30 PM
Regular Meeting date: July 21, 2009
Next Regular Meeting date: July 28, 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.
(NONE)
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of June 10, 2009
b) Minutes of June 16, 2009
REGULAR CITY COMMISSION 1
AGENDA - July 21, 2009
2. City Manager's Report (25 minutes)
(a) Response to request for projects Location Maps for
Citywide Drainage Improvement Phrase I through V.
(b) Red Road Commons Development Agreement.
(c) Insurance Workshop
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 CONCERNING AN APPLICATION
SUBMITTED BY CHAMBER SOUTH: (1) TO PERMIT PURSUANT TO
LAND DEVELOPMENT CODE SECTION 20- 4.3(N) THE
INSTALLATION OF A BANNER AT 5800 SUNSET DRIVE TO
PROMOTE THE 38TH ANNUAL SOUTH MIAMI ART FESTIVAL TO BE
HELD IN THE SOUTH MIAMI DOWNTOWN, NOVEMBER 7 -8, 2009;
(2) REQUESTING A WAIVER OF THE TEMPORARY RIGHT -OF -WAY
USAGE FEE FOR THE TWO DAY FESTIVAL; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION TO PERMIT THE INSTALLATION OF A BANNER AT 5800 SUNSET DRIVE
TO PROMOTE THE 38' ANNUAL SOUTH MIAMI ART FESTIVAL TO BE HELD IN SO MIAMI
DOWNTOWN NOVEMBER 7 -8, 2009)
(City Manager)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO SUBMIT A GRANT APPLICATION FOR MIAMI -DADE
COUNTY'S SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR PARK
IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5,
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION
FOR MIAMI -DADE COUNTY'S SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR PARK
IMPROVEMENTS)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR FIGUEREDO BOUTSIS &
MONTALVO, P.A. IN THE AMOUNT OF $22,570.83 ; CHARGING
REGULAR CITY COMMISSION 2
AGENDA - July 21, 2009
$22,570.83 TO ACCOUNT NO. 001 - 1500 - 514.34 -10; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR FBM IN THE AMT OF $22,570.83;
CHARGING ACCT NO. 001 - 1500 - 514.34 -10 W /CURRENT BAL$65,835.96)
(City Attorney)
RESOLUTION (S)
(NONE)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
7. 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. (Deferred 4121109) 5/5
(Vice Mayor Beasley)
8. 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)
REGULAR CITY COMMISSION 3
AGENDA - July 21, 2009
9. 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)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH
MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON
AUGUST 23, 2007 AND FOUND CONSISTENT WITH STATE LAW BY
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ON JANUARY
18, 2008, IN ORDER TO REMOVE FROM THE FUTURE LAND USE
ELEMENT A PROPOSED NEW FUTURE LAND USE CATEGORY
ENTITLED "NEIGHBORHOOD CENTER / MIXED USE DISTRICT ";
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
ORDINANCE (S) FIRST READING
11. 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
REGULAR CITY COMMISSION 4
AGENDA - July 21, 2009
"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 & tabled 4121109) 3/5
(Commissioner Palmer)
12. 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
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. (Deferred 6116109) 3/5
(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 -2.3 IN ORDER TO CLARIFY THE
DEFINITION OF COMMERCIAL VEHICLE AND TO CLARIFY SECTION
20- 4.4(F)(4) WHICH PROHIBITS PARKING OF COMMERCIAL
VEHICLES IN RESIDENTIAL ZONES; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
14. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE 20 -6.1 (A)(3) ENTITLED "ADMINISTRATIVE
ENTITIES -CITY COMMISSION" IN ORDER TO REVISE PROVISIONS
RELATED TO THE VOTE REQUIREMENT OF THE CITY COMMISSION
ON ORDINANCES AND RESOLUTIONS PERTAINING TO THE LAND
USE AND DEVELOPMENT REGULATIONS WHICH WILL BE
CONSISTENT WITH THE CHARTER AMENDMENT ADOPTED NOVEMBER
4, 2008; PROVIDING FOR SEVERABILITY. 3/5
(City Manager)
REGULAR CITY COMMISSION 5
AGENDA - July 21, 2009
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 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 CON14ISSION 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 - July 21, 2009
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City of South Miami
Special City Commission Minutes
June 10, 2009
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in special session on Wednesday, June 10, 2009, beginning at 8:02
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and,
Commissioners Velma Palmer, Valerie Newman and Lew Sellars..
Also in attendance were: City Attorney Luis Figueredo, City
Clerk Maria M. Menendez and City Manager Ajibola Balogun.
B. Invocation: The invocation was delivered by Mayor Feliu.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
The National Anthem was sung by Officer Guzman.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
RESOLUTION (S)
106 -09 -12915
1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION;
CANVASSING THE ELECTION RETURNS OF THE SPECIAL ELECTION
HELD JUNE 9, 2009 FOR THE PURPOSE OF ELECTING A
COMMISSIONER FOR GROUP IV FOR AN UNEXPIRED TERM ENDING
FEBRUARY 9, 2010, DECLARING RESULTS OF SAID ELECTION;
PROVIDING AN EFFECTIVE DATE. 3/5
SPECIAL CITY COMMISSION
MINUTES - June 10, 2009
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Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the
motion to approve this item passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Mayor Feliu: Yea
2. Newly elected Commissioner Lew Sellars - Oath of Office
Newly elected Commissioner Sellars was sworn in by City
Attorney Eve Boutsis.
At this time Commissioner Sellars took his place at the dais
and addressed the public.
Commissioner Sellars thanked everyone that helped him during
his campaign. He said that it was a wonderful experience; he
thanked his supporters, adding that he is here to represent
everyone, even those who did not support him, saying that this is
his job and that he takes that very seriously and that he intends
to work in the best interest of all residents and business owners
of the City.
COMMISSION REMARKS
Each member of the Commission was afforded to make comments,
an opportunity that they all took to congratulate the winner.
There being no further business to come before this Body,
the meeting adjourned at 8:14 p.m.
Attest Approved
Maria M. Menendez
City Clerk
SPECIAL CITY COMMISSION
MINUTES - June 10, 2009
2
Horace G. Feliu
Mayor
,
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