08-18-09 AgendaCITY COMMISSION AGENDA
City Commission Meeting
a
Regular Meeting date: August 18, 2009
Next Regular Meeting date: September 1, 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- j
legislative, quasi - judicial and administrative action. �I
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
a) Minutes of July 28, 2009
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AGENDA — August 18, 2009
2. City Manager's Report (25 minutes)
a) Update on Proposed Landscaping improvements to
designated portion of the South -Miami Metro -Rail Station
to be considered `Open Space" Park;
b) Proposed Traffic Calming Plan for SW 63rd Court. (From SW
56th. to SW 64th St) ;
c) Status Update on 25 MPH Speed Limits Signs Mango Terrace
Neighborhood Traffic Management Plan;
d) Cash for Clunker Temporary Vehicle Trade -In Program
Plan.
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, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR FIGUEREDO BOUTSIS &
MONTALVO, P.A. IN THE AMOUNT OF $13,942.25; CHARGING
$13,942.25 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
$13,942.25; CHARGING ACCT #001- 1500 -514 -3110 W /CURRENT BAL$43,265.13)
(City Attorney)
5. 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 UNITED
STATES DEPARTMENT OF JUSTICE'S OFFICE OF JUSTICE
PROGRAMS THROUGH THE AMERICAN RECOVERY AND REINVESTMENT
ACT (ARRA) OF 2009 JUSTICE ASSISTANCE GRANT PROGRAM IN
THE AMOUNT OF $33,256.00; AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT
WITH THE US DEPT OF JUSTICE'S OFFICE THROUGH THE AMERICAN RECOVERY AND
REGULAR CITY COMMISSION 2
AGENDA - August 18, 2009
REINVESTMENT ACT OF 2009 JUSTICE ASSISTANCE GRANT PROGRAM IN THE AMT OF
$33,256)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, RELATING TO SPECIAL
MASTER SERVICES; APPOINTING ENRIQUE ZAMORA, ESQ.,
KATHRYN KNIERIEM ESTEVEZ, ESQ., GORDON MURRAY, ESQ. AS
SPECIAL MASTERS FOR THE CITY OF SOUTH MIAMI AT A RATE
OF $100 PER HOUR; AUTHORIZING EXPENSES TO.BE CHARGED TO
EXPENSES ACCOUNT # 001.1640.524.3111 ENTITLED "CODE
ENFORCEMENT PROFESSIONAL SERVICES - SPECIAL MASTERS"
AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT RELATING
TO SPECIAL MASTER SERVICES; APPOINTING ENRIQUE ZAMORA, KATHRYN KNIERIEM
ESTEVEZ, AND GORDON MURRAY, AS SPECIAL MASTERS FOR THE CITY OF SO MIAMI
AT A RATE OF $100 1HR; TO BE CHARGED TO THE "CODE ENFORCEMENT PROFESSIONAL
SERVICES - SPECIAL MASTERS" ACCT W /CURRENT BAL$500 & THE PROPOSED BUDGET
FOR FY 09 -10 IS $1,575)
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING CAROL MARK TO SERVE ON THE
ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO -
YEAR TERM ENDING AUGUST 17, 2011; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING CAROL MARK TO SERVE ON THE ERPB FOR A 2 -YR TERM
ENDING 8/17/11)
(Mayor Feliu)
RESOLUTION (S)
8. 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. (Deferred 8104109) 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)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; OFFICIALLY RE- NAMING TWIN
LAKES DRIVE AS JACK BLOCK DRIVE; AND PROVIDING AN
EFFECTIVE DATE. 4/5
(A RESOLUTION OFFICIALLY RE- NAMING TWIN LAKES DRIVE AS JACK BLOCK DR)
(Commissioner Newman)
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AGENDA - August 18, 2009
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
10. 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
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, 2009, 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)
11. 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)
12. 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) (Deferred 8104109)
13. 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
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AGENDA - August 18, 2009
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
14. 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)
15. 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)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
(NONE)
REGULAR CITY COMMISSION 5
AGENDA — August 18, 2009
CITY HAS A SIGNIFICANT GOVERNMENTAL 'INTEREST IN
CONDUCTING EFFICIENT AND ORDERLY COMXSSION 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 CONAoIISSION. "
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 — August 18, 2009