08-04-09 AgendaCITY COMMISSION AGENDA
City Commission Meeting
Regular Meeting date: August 4, 2009
Next Regular Meeting date: August 18, 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- iudicial 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 July 21, 2009
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4 �.r
2. City Manager's Report (25 minutes)
a) USDOJ JAG Grant Application Funding Update.
b) Status Report on Cambridge Lawns Historic Markers.
3. City Attorney's Report (15- minutes)
UNFINISHED BUSINESS
RESOLUTION (S)
4. 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) FIRST READING PUBLIC HEARING (S)
5. 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;
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INTERGOVERNMENTAL COORDINATION; AND CAPITAL
IMPROVEMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5
(Vice Mayor Beasley)
ORDINANCE (S) FIRST READING
6. 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)
PUBLIC REMARKS
(5 minutes)
CONSENT
7. 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; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH
AVMED HEALTHCARE TO PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH
MIAMI FULL TIME EMPLOYEES) (Deferred 7128109) 3/5
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER TO SNG LOW VOLUME
IRRIGATION SYSTEM INC. FOR THE RENOVATION OF EXISTING
IRRIGATION SYSTEM AT PALMER PARK IN AN AMOUNT OF
$18,000.00 TO BE CHARGED TO PARKS MAINTENANCE
CONTRACTUAL ACCOUNT NUMBER 001 - 1750 -519 -3450; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO
SNG LOW VOLUME IRRIGATION SYSTEM FOR THE RENOVATION OF EXISTING
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AGENDA - August 4, 2009
IRRIGATION SYSTEM AT PALMER PARK IN AN AMT OF $18,000.00 TO BE CHARGED TO
PARKS MAINTENANCE CONTRACTUAL ACCT WITH A CURRENT BAL$35,521)
(City Manager)
9. 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 TYLIN- HJROSS FOR
CONSTRUCTION PHASE SERVICES FOR CITYWIDE DRAINAGE
IMPROVEMENTS PHASE V IN AN AMOUNT OF $22,698.00 TO BE
CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) GRANT AND THE PEOPLES TRANSPORTATION
PLAN ACCOUNT NUMBERS 106- 1726- 536 -3452 AND 124 -1730-
541- 3100 RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE.
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO
TYLIN- HJROSS FOR CONSTRUCTION PHASE SERVICES FOR CITYWIDE DRAINAGE
IMPROVEMENTS PHASE V IN AN AMT OF $22,698.00 TO BE CHARGED TO FLA DEPT OF
ENVIRONMENTAL PROTECTION GRANT AND THE PEOPLES TRANSPORTATION PLAN ACCT
WITH A CURRENT BALs$22,600 & $20,600 RESPECTIVELY) 3/5
(City Manager)
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 FLORIDA
ENGINEERING AND DEVELOPMENT CORP. FOR CONSTRUCTION OF
CITYWIDE DRAINAGE IMPROVEMENTS PHASE V PROJECT IN AN
AMOUNT OF $155,703.20 TO BE CHARGED TO FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT AND
THE PEOPLE'S TRANSPORTATION PLAN ACCOUNT NUMBERS 106-
1726- 536 -6302 AND 124 - 1730 - 541 -3450 RESPECTIVELY;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
FL ENGINEERING AND DEVELOPMENT FOR CONSTRUCTION OF CITYWIDE DRAINAGE
IMPROVEMENTS PH V PROJECT IN AN AMT OF $155,703.20 TO BE CHARGED TO FL
DEPT OF ENVIRONMENTAL PROTECTION GRANT AND THE PEOPLE'S TRANSPORTATION
PLAN ACCTS W /CURRENT BALs$200,000 & $299,168.25 RESPECTIVELY)
(City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO SUBMIT A GRANT APPLICATION TO THE UNITED
STATES DEPARTMENT OF JUSTICE'S OFFICE OF JUSTICE
PROGRAMS THROUGH THE AMERICAN RECOVERY AND REINVESTMENT
ACT (ARRA) OF 2009 JUSTICE ASSISTANCE GRANT PROGRAM;
AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION
TO THE UNITED STATES DEPARTMENT OF JUSTICE'S OFFICE OF JUSTICE PROGRAMS
THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 JUSTICE
ASSISTANCE GRANT PROGRAM)
(City Manager)
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AGENDA - August 4, 2009
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING SARAH TOMPKINS TO SERVE ON THE
COMMUNITY RELATIONS BOARD FOR A TWO -YEAR TERM ENDING
AUGUST 3, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING SARAH TOMPKINS TO SERVE ON THE CRB FOR A 2 -YR
TERM ENDING 8103111)
(Mayor Feliu)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPOINTING ANNA PRICE TO
SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF
ONE YEAR, ENDING AUGUST 3, 2010; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING ANNA PRICE TO SERVE ON THE CHARTER REVIEW
COMMITTEE FOR A PERIOD OF 1 -YR ENDING 8103110)
(Mayor Feliu)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPOINTING SUBRATA BASU TO
SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF
ONE YEAR, ENDING AUGUST 3, 2010; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING SUBRATA BASU TO SERVE ON THE CHARTER REVIEW
COMMITTEE FOR A PERIOD OF 1 -YR ENDING 8103110)
(Mayor Feliu)
15.'A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
SOUTH MIAMI CHARTER; AMENDING RESOLUTION NO. 36 -08-
12633 TO ALLOW CITY ATTORNEY TO SERVE AS EX- OFFICIO
MEMBER UNTIL SUCH TIME AN ATTORNEY IS APPOINTED TO THE
CHARTER REVIEW COMMITTEE; PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION AMENDING RESOLUTION NO. 36 -08 -12633 TO ALLOW THE CITY
ATTORNEY TO SERVE AS EX- OFFICIO MEMBER UNTIL SUCH TIME AN ATTORNEY IS
APPOINTED TO THE CHARTER REVIEW COMMITTEE) 3/5
(Mayor Feliu)
16. 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 $14,042.25; CHARGING
$14,042.25 TO ACCOUNT NO. 001 - 1500 - 514 -3410; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR FB &M IN THE AMT OF
$14,042.25; CHARGING ACCT NO. 001 - 1500 -514 -3410 W /CURRENT BAL$$43,265.13)
(City Attorney)
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AGENDA - August 4, 2009
RESOLUTION (S)
17. 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) (Deferred 7128109)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
18. 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 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. 3/5
(City Manager)
19. 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)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
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AGENDA - August 4, 2009
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
20. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20- 5.7(F) ENTITLED "REZONING
AND TEXT AMENDMENTS: NEIGHBORHOOD CONCURRENCE" IN ORDER
TO MAKE A LEGAL CORRECTION BY SUBSTITUTING THE WORD
AWARENESS FOR CONCURRENCE; AND TO ADD AN ALTERNATIVE
REQUIREMENT FOR NOTIFYING PROPERTY OWNERS OF A FILED
REZONING AND TEXT AMENDMENT APPLICATION; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
21. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20- 5.9(E) ENTITLED "VARIANCE
APPROVALS: NEIGHBORHOOD AWARENESS" IN ORDER TO ADD AN
ALTERNATIVE REQUIREMENT FOR NOTIFYING PROPERTY OWNERS
OF A FILED VARIANCE APPLICATION; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
22. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20- 5.5(B)(2) ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS" IN ORDER TO
REVISE THE REQUIREMENTS FOR NOTIFYING PROPERTY OWNERS
OF THE FILING OF AN APPLICATION; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
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AGENDA — August 4, 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,I
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.
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AGENDA — August 4, 2009