10-06-09 AgendaSouth Miami
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MAYOR:
Horace G. Feliu
CITY MANAGER: Ajibola Balogun
VICE MAYOR:
Brian D. Beasley
CITY ATTORNEY: Laurence Feingold
COMMISSIONER:
Valerie Newman
CITY CLERK: Maria M. Menendez
COMMISSIONER:
Velma Palmer
COMMISSIONER:
Lew Sellars
CITY COMMISSION AGENDA
City Commission Meeting
Regular Meeting date: October 6, 2009 Time: 7:30 PM
Next Regular Meeting date: October 20, 2009 Time: 7:30 PM
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340
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 -
le2islative. 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.
1) Presentation of Proclamation
2) Dr. Scott with the South Miami Children's Clinic
3) Professor Stoddard and Thomas Saporito
4) Presentation of Proclamation to Park and Recreation Board
members: Anthony L Tolgycsi and Patrick Flood
REGULAR CITY COMMISSION 1
AGENDA - October 6, 2009
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of September 1, 2009
b) Minutes of September 8, 2009
2. City Manager's Report (25 minutes)
a) Thelma Gibson Health Initiative Presentation.
b) Somerset Elementary Charter School Roof -top Recreation
Area.
c) Traffic Congestion /Updated Signage outside of the Shops
at Sunset Place.
d) SW 62nd Ave. /SW 56th St. (Miller Rd.) Traffic Light
Signalization (Turn Signals).
e) Public Right -of -Way Permit for the Use of the Crane.
Applicant: 64 Development Corporation - Oxford Universal
(5966 S. Dixie Highway).
f) Summary of Senate Bill 360.
g) Murray Park Playing Field Closure
h) Homeless Trust - Meters
3. City Attorney's Report (15- minutes)
a) Pension issues by Commissioner Newman
b) Bullet train issue by Vice Mayor Beasley
PUBLIC REMARKS
(5 minutes)
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING A STATE BAN ON
TEXT MESSAGING WHILE OPERATING A MOTOR VEHICLE, OR
ALTERNATIVELY SUPPORTING STATE LEGISLATION PERMITTING
LOCAL MEASURES TO BAN TEXT MESSAGING WHILE OPERATING A
MOTOR VEHICLE; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION SUPPORTING A STATE BAN ON TEXT MESSAGING WHILE OPERATING A
MOTOR VEHICLE, OR ALTERNATIVELY SUPPORTING STATE LEGISLATION PERMITTING
LOCAL MEASURES TO BAN TEXT MESSAGING WHILE OPERATING A MOTOR VEHICLE)
(Vice Mayor Beasley)
REGULAR CITY COMMISSION 2
AGENDA - October 6, 2009
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH M. VILA &
ASSOCIATES FOR CONSTRUCTION OF AMERICAN RECOVERY &
REINVESTMENT ACT (ARRA) SUNSET DRIVE IMPROVEMENTS PHASE
IV PROJECT IN AN AMOUNT OF $271,482.22 TO BE CHARGED TO
ARRA GRANT AND THE 2008 -2009 PEOPLE'S TRANSPORTATION
PLAN ACCOUNT NUMBERS 106 - 1770 - 541 -6310 AND 124 -1730-
541- 3450 RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE.
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
M. VILA & ASSOC FOR CONSTRUCTION OF AMERICAN RECOVERY & REINVESTMENT ACT
SUNSET DR IMPROVEMENTS PH IV PROJECT IN AN AMT OF $271,482.22 TO BE
CHARGED TO ARRA GRANT AND THE 2008 -09 PEOPLE'S TRANSPORTATION PLAN ACCT
W /CURRENT BALS$253,166 & $299,168.25 RESPECTIVELY) 3/5
(City Manager)
6. 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 INTERNATIONAL -
HJROSS FOR CONSTRUCTION PHASE SERVICES FOR THE AMERICAN
RECOVERY AND REINVESTMENT ACT (ARRA) SUNSET DRIVE
IMPROVEMENTS PHASE IV PROJECT IN AN AMOUNT OF
$38,000.00 TO BE CHARGED TO THE 2008 -2009 PEOPLES
TRANSPORTATION PLAN ACCOUNT NUMBER 124 - 1730 - 541 -3450;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO TYLIN
INT'L- HJROSS FOR CONSTRUCTION PH SERVICES FOR THE AMERICAN RECOVERY AND
REINVESTMENT ACT SUNSET DR IMPROVEMENTS PH IV PROJECT IN AN AMT OF
$38,000.00 TO BE CHARGED TO THE 2008 -09 PEOPLES TRANSPORTATION PLAN ACCT
W /CURRENT BAL$299,168.25)
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION
PURSUANT TO LAND DEVELOPMENT CODE SECTION 20-4.3(N) TO
PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE
TO PROMOTE THE 4TH ANNUAL WATERFORD 5K RUN /WALK RACE TO
BENEFIT AUTISM SPEAKS TO BE HELD NOVEMBER 13, 2009:
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DR TO
PROMOTE THE 4' ANNUAL WATERFORD 5K RUN /WALK RACE TO BENEFIT AUTISM SPEAKS
TO BE HELD NOV 13, 2009)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION
PURSUANT TO LAND DEVELOPMENT CODE SECTION 20-4.3(N) TO
PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE
TO PROMOTE THE FAIRCHILD TROPICAL BOTANIC GARDEN EDIBLE
GARDEN FESTIVAL A FUND RAISING EVENT TO BE HELD AT THE
REGULAR CITY COMMISSION 3
AGENDA - October 6, 2009
GARDENS OCTOBER 24 -25, 2009; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DR TO
PROMOTE THE FAIRCHILD TROPICAL BOTANIC GARDEN EDIBLE GARDEN FESTIVAL A
FUND RAISING EVENT TO BE HELD AT THE GARDENS OCTOBER 24 -25, 2009)
(City Manager)
9. 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 $8,417.33; CHARGING
$8,417.33 TO ACCOUNT NO. 001 - 1500 - 514 -3410;
AND PROVIDING AN EFFECTIVE DATE. 3/5
.(A RESOLUTION APPROVING ATTORNEYS' FEES FOR FIGUEREDO BOUTSIS & MONTALVO,
P.A. IN THE AMOUNT OF $8,417.33; CHARGING ACCT NO. 001 - 1500 -514 -3410
W /CURRENT BAL$14,684.53)
(City Attorney)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH
THELMA GIBSON HEALTH INITIATIVE (TGHI) FOR SOCIAL WORK
SERVICES TO THE SENIORS IN AN AMOUNT OF $45,000.00; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
AGREEMENT WITH THELMA GIBSON HEALTH INITIATIVE FOR SOCIAL WORK SERVICES
TO THE SENIORS IN AN AMT OF $45,000)
(City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO ISSUE A LETTER TO RODRIGUEZ, TRUEBA & CO.,
P.A. CONFIRMING A ONE -YEAR EXTENSION OF THE NOVEMBER 6,
2007 AUDIT CONTRACT, PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO
RODRIGUEZ, TRUEBA & CO., CONFIRMING A 1 -YR EXTENSION OF THE NOV 6, 2007
AUDIT CONTRACT)
(City Manager)
RESOLUTION (S)
(NONE)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
REGULAR CITY COMMISSION 4
AGENDA - October 6, 2009
TO THE LAND DEVELOPMENT CODE BY MODIFYING SECTION 20-
4.4(I) AND REMOVING SECTION 20- 4.4(M) ENTITLED "VALET
PARKING PERMITS" IN ORDER TO PLACE THE SAME PROVISIONS
IN SECTION 15(C) OF THE SOUTH MIAMI CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING,FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
TO THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING NEW
SECTION 15(C) TO BE ENTITLED "VALET PARKING PERMITS FOR
USE OF PUBLIC PROPERTY" IN ORDER TO PLACE THE
PROVISIONS OF PREVIOUS LAND DEVELOPMENT CODE SECTION
20- 4.4(M) INTO THE CODE OF ORDINANCES AND FURTHER TO
INCREASE THE FEES CHARGED FOR RENTAL OF ON- STREET
CURBSIDE SPACES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR 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)
14. 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, BY AMENDING THE COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A NEW FUTURE
LAND USE MAP CATEGORY FOR THE SW 62nd AVENUE CORRIDOR
WHICH AMENDMENT WOULD BE BASED UPON THE RECOMMENDATIONS
CONTAINED IN THE 2006 SOUTH MIAMI EAR REPORT AND WOULD
BE APPLICABLE ONLY TO THE SW 62nd AVENUE CORRIDOR;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE: 3/5
(Vice Mayor Beasley)
REGULAR CITY COMMISSION 5
AGENDA - October 6, 20 "09
ORDINANCE (S) FIRST READING
15. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF. SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20 -4.4 (F) (2) (c) ENTITLED
"SPACES LOCATED OFF- SITE" IN ORDER TO REMOVE PROVISIONS
ALLOWING FOR LEASING OF OFF -SITE PARKING SPACES AS A
METHOD TO PROVIDE REQUIRED SPACES; AMENDING SECTION 20-
7.6 ENTITLED "PARKING" IN HOMETOWN DISTRICT IN ORDER TO
MODIFY SECTION 20-7.6(C) (2) (b) BY REMOVING THE OPTION
OF LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO
PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT
CODE SECTION 20 -2.3 ENTITLED "DEFINITIONS" BY ADDING A
NEW DEFINITION OF "LAND USE REGULATIONS "; AND ADDING A
NEW DEFINITION OF "DEVELOPMENT REGULATIONS" BY
MODIFYING THE EXISTING DEFINITION OF "REGULATIONS ";
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE SOUTH MIAMI
CODE OF ORDINANCES IN ORDER TO REMOVE EXISTING CHAPTER
10A ENTITLED "FLOODS" AND TO REPLACE SAID CHAPTER WITH
A NEW CHAPTER 10A ENTITLED "FLOOD DAMAGE PREVENTION"
WHICH CONTAINS THE FOLLOWING SECTIONS; PROVIDING FOR
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND
OBJECTIVES; PROVIDING DEFINITIONS; PROVIDING GENERAL
PROVISIONS; PROVIDING LANDS TO WHICH THIS ORDINANCE
APPLIES; PROVIDING A BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD; PROVIDING A DESIGNATION OF
FLOODPLAIN ADMINISTRATOR; PROVIDING FOR ESTABLISHMENT
OF DEVELOPMENT PERMIT; PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS;
PROVIDING FOR INTERPRETATION; PROVIDING A WARNING AND A
DISCLAIMER OF LIABILITY; PROVIDING PENALTIES FOR
VIOLATION; PROVIDING ADMINISTRATION; PROVIDING PERMIT
PROCEDURES; PROVIDING DUTIES AND RESPONSIBILITIES OF
THE FLOODPLAIN ADMINISTRATOR; PROVIDING PROVISIONS FOR
FLOOD HAZARD REDUCTION; PROVIDING GENERAL STANDARDS;
REGULAR CITY COMMISSION 6
AGENDA - October 6, 2009
PROVIDING SPECIFIC STANDARDS; PROVIDING STANDARDS FOR
A -ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY
FLOODWAYS; PROVIDING STANDARDS FOR AO- ZONES; PROVIDING
FOR VARIANCE PROCEDURES; PROVIDING DESIGNATION OF
VARIANCE AND APPEALS BOARD; PROVIDING THE DUTIES OF
VARIANCE AND APPEALS BOARD; PROVIDING FOR VARIANCE
PROCEDURES; PROVIDING THE CONDITIONS FOR VARIANCES;
PROVIDING FOR VARIANCE NOTIFICATION; PROVIDING FOR
HISTORIC STRUCTURES; PROVIDING FOR STRUCTURES ON
REGULATORY FLOODWAY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE. 1 3/5
(City Manager)
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
COI► 4XSSION 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 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 - October 6, 2009