07-28-09 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: Lew Sellars
CITY COMMISSION AGENDA
City Commission Meeting
Regular Meeting date: July 28, 2009
Next Regular Meeting date: August 4, 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)
the City Commission tonight must have
the City Clerk as indicated above.
p.m.
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
(The minutes for 7/21/09 will be on the 8/04/09 agenda)
REGULAR CITY COMMISSION 1
AGENDA - July 28, 2009
2. City Manager's Report (25 minutes)
3. City Attorney's Report (15- minutes)
UNFINISHED BUSINESS
ORDINANCE (S) FIRST READING
4. 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)
5. 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)
6. 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)
PUBLIC REMARKS
(5 minutes)
REGULAR CITY COMMISSION 2
AGENDA - July 28, 2009
CONSENT
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A FIVE (5) YEAR INTERLOCAL
AGREEMENT WITH MIAMI -DADE COUNTY FOR ROUTINE CANAL
MAINTENANCE FOR THE LUDLAM GLADES AND BROAD CANALS FOR
AN AMOUNT OF $38,902 ANNUALLY, TO BE FUNDED FROM THE
STORMWATER TRUST FUND ACCOUNT NUMBER 111- 1730 - 541 -6491;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO 'ENTER INTO A 5 -YR
INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY FOR ROUTINE CANAL MAINTENANCE
FOR THE LUDLAM GLADES AND BROAD CANALS FOR AN AMT OF $38,902 ANNUALLY, TO
BE FUNDED FROM THE STORMWATER TRUST FUND ACCT)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA REQUESTING FOR MIAMI -DADE
COUNTY TO PROVIDE INFRASTRUCTURE IMPROVEMENTS AT THE
INTERSECTION OF SW 56TH STREET AND SW 62' AVENUE;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION REQUESTING FOR MIAMI -DADE COUNTY TO PROVIDE INFRASTRUCTURE
IMPROVEMENTS AT THE INTERSECTION OF SW 56' ST AND SW 62ND AVE)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S
2009/2010 FISCAL YEAR BUDGET; ADVISING THE MIAMI -DADE
COUNTY PROPERTY APPRAISER OF ITS PROPOSED MILLAGE RATE
OF 5.2790 MILLS; ITS ROLL -BACK RATE OF 5.6140;
ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE
PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING
AN EFFECTIVE DATE. 3/5
(A RESOLUTION ADVISING THE MIAMI -DADE COUNTY PROPERTY APPRAISER OF ITS
PROPOSED MILLAGE RATE OF 5.2790 MILLS; ITS ROLL -BACK RATE OF 5.6140;
ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE
RATE AND TENTATIVE BUDGET)
(City Manager)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RENEW THE CONTRACT WITH AVMED HEALTHCARE TO
PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH MIAMI
FULL TIME EMPLOYEES PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING /ADOPTING RECOMMENDATIONS OF THE CM TO TRANSFER
LINE ITEMS WITHIN EACH CITY DEPT AS SET FORTH IN THE ATTACHED ITEMIZED
LIST)
(City Manager)
REGULAR CITY COMMISSION 3
AGENDA - July 28, 2009
11. A RESOLUTION OF THE MAYOR AND
CITY OF SOUTH MIAMI, FLORIDA,
COMMITTEES; APPOINTING WALTER
COMMUNITY RELATIONS BOARD FOR
JULY 27, 2011; AND PROVIDING AN
(A RESOLUTION APPOINTING WALTER HARRIS TO
July 27, 2011)
CITY COMMISSION OF THE
RELATING TO BOARDS AND
HARRIS TO SERVE ON THE
A TWO -YEAR TERM ENDING
EFFECTIVE DATE. 3/5
THE CRB FOR A 2 -YR TERM ENDING
(Mayor Feliu)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING BRENDA YATES TO SERVE ON THE
GREEN TASK FORCE FOR AN UNEXPIRED TERM ENDING DECEMBER
3, 2009; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING BRENDA YATES TO SERVE ON THE GREEN TASK FORCE FOR
AN UNEXPIRED TERM ENDING DECEMBER 3, 2009)
(Mayor Feliu)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING MARICE CHAEL TO SERVE ON THE
GREEN TASK FORCE, FOR AN UNEXPIRED TERM ENDING DECEMBER
3, 2009; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTIONAPPOINTING MARICE CHAEL TO SERVE ON THE GREEN TASK FORCE FOR
AN UNEXPIRED TERM ENDING DECEMBER 3, 2009)
(Mayor Feliu)
RESOLUTION (S)
14. 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) (Deferred 7121109)
(City Manager)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO OBTAIN APPROVAL FROM THE CITY COMMISSION ON
ANY AGREEMENT OF GRANT FUNDS FOR MIAMI -DADE COUNTY'S
SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR PARK
IMPROVEMENTS PRIOR TO THE EXECUTION OF THE AGREEMENT;
AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO OBTAIN APPROVAL FROM THE
CITY COMMISSION ON ANY AGREEMENT OF GRANT FUNDS FOR MIAMI -DADE COUNTY'S
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AGENDA - July 28, 2009
SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR PARK IMPROVEMENTS PRIOR TO THE
EXECUTION OF THE AGREEMENT)
(City Manager)
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PAYMENT
OF LEGAL FEES ASSOCIATED WITH THE DEFENSE OF A
COMPLAINT FILED AGAINST THE CITY OF SOUTH MIAMI AND
COMMISSIONER NEWMAN, PROVIDING AN EFFECTIVE DATE. 4/5
(A RESOLUTION AUTHORIZING THE PAYMENT OF LEGAL FEES ASSOCIATED WITH THE
DEFENSE OF A COMPLAINT FILED AGAINST THE CSM AND COMMISSIONER NEWMAN)
(City Attorney)
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE PLANNING
AND ZONING DEPARTMENT AND THE PLANNING BOARD TO PREPARE
AND INITIATE AN AMENDMENT TO THE COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT FOR A NEW FUTURE LAND USE MAP
CATEGORY ENTITLED "NEIGHBORHOOD CENTER /MIXED USE
DISTRICT" WHICH AMENDMENT WOULD ALLOW FOR THE
IMPLEMENTATION OF PLANS FOR THE MADISON SQUARE PROJECT
AND WHICH DISTRICT WOULD FURTHER BE LIMITED IN ITS
APPLICATION TO THE GEOGRAPHIC BOUNDARIES OF THE
PROPOSED MADISON SQUARE PROJECT AREA; PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION DIRECTING THE PIZ DEPT AND THE PB TO PREPARE AN AMENDMENT
TO THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT FOR A NEW FUTURE LAND
USE MAP CATEGORY ENTITLED "NEIGHBORHOOD CENTER /MIXED USE DISTRICT" WHICH
AMENDMENT WOULD ALLOW FOR THE IMPLEMENTATION OF PLANS FOR THE MADISON
SQUARE PROJECT AND WHICH DISTRICT WOULD FURTHER BE LIMITED IN ITS
APPLICATION TO THE GEOGRAPHIC BOUNDARIES OF THE PROPOSED MADISON SQUARE
PROJECT AREA)
(Vice Mayor Beasley)
ORDINANCE (S) SECOND READING PUBLIC NEARING (S)
18. 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)
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AGENDA - July 28, 2009
19. 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
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)
RESOLUTION (S) PUBLIC HEARING (S)
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20 -3. 4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE
FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT
AT 5823 SUNSET DRIVE WITHIN THE "SR (HD -OV) " SPECIALTY
RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND
PROVIDING AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT AT
5823 SUNSET DRIVE)
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC NEARING (S)
21. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE
EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE
AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES
FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE
LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE;
CONSERVATION; RECREATION AND OPEN SPACE;
INTERGOVERNMENTAL COORDINATION; AND CAPITAL
IMPROVEMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 5/5
(Vice Mayor Beasley)
ORDINANCE (S) FIRST READING
22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF
2008 -2009 FISCAL YEAR BUDGET; APPROVING AND ADOPTING
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AGENDA - July 28, 2009
THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER
LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST
WITHIN EACH CITY DEPARTMENT PURSUANT TO ARTICLE IV F(1)
OF THE CITY CHARTER FOR THE BUDGET YEAR ENDING
SEPTEMBER 30, 2008, AND AUTHORIZING THE CITY MANAGER TO
TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE
TRANSFERS; PROVIDING FOR SEVERABILITY, ORDINANCE IN
CONFLICT AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
23. 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)
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-fXSSION 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 COMISSION. "
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 7
AGENDA - July 28, 2009