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10-20-09 AgendaCITY COMMISSION AGENDA City Commission Meeting Regular Meeting date: October 20, 2009 Time: 7:30 PM Next Regular Meeting date: November 3, 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- j uasi - 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 the City Commission tonight must have the City Clerk as indicated above. P.m. 1) Non - Violence Project USA Inc. 2) Breast Cancer Awareness Week ITEM (S) FOR THE COMMISSION'S CONSIDERATION: REGULAR CITY COMMISSION 1 AGENDA - October 20, 2009 1. Approval of Minutes a) Minutes of September 15, 2009 2. City Manager's Report (25 minutes) a) Murray Park Pool Facility Update b) South Miami Park Temporary Improvements c) Expenditures Over $5,000 3. City Attorney's Report (15- minutes) (UNFINISHED BUSINESS) 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) 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 (Acting City Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY REGULAR CITY COMMISSION 2 AGENDA - October 20, 2009 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$299,1,68.25) (Acting 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) (Acting 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 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) (Acting 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) (Acting City Manager) REGULAR CITY COMMISSION 3 AGENDA - October 20, 2009 10. 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) (Acting City Manager) RESOLUTION (S) (NONE) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT 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 (Acting City Manager) 12. 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 (Acting City Manager) RESOLUTION (S) PUBLIC HEARING (S) (NONE) REGULAR CITY COMMISSION 4 AGENDA - October 20, 2009 ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING 13. 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 (Acting City Manager) 14. 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 (Acting City Manager) 15. 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; REGULAR CITY COMMISSION 5 AGENDA - October 20, 2009 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; 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. 3/5 (Acting City Manager) (END OF UNFINISHED BUSINESS) PUBLIC REMARKS (5 minutes) COMMISSION REPORTS, DISCUSSION AND REMARKS (25 minutes) 1) Rescheduling a Pension Workshop. (Commissioner Newman) 2) Scheduling an Executive Session. (Commissioner Newman) CONSENT (CONT'D) 16. 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 REGULAR CITY COMMISSION 6 AGENDA - October 20, 2009 ADVERTIZING THE 26' ANNUAL SOUTH MIAMI ROTARY ART FESTIVAL TO BE HELD FEBRUARY 27 -28, 2010: PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE ADVERTIZING THE 26" ANNUAL SO MIA ROTARY ART FESTIVAL TO BE HELD FEB. 27- 28, 2010) (Acting City Manager) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE WORK ORDER FOR SALMAN LANDSCAPE SERVICES,, FOR LANDSCAPING MAINTENANCE SERVICES IN AN AMOUNT OF $37,628.00 TO BE CHARGED TO ACCOUNT NUMBER 001 - 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE WORK ORDER FOR SALMAN LANDSCAPE SERVICES, FOR LANDSCAPING MAINTENANCE SERVICES IN AN AMT OF $37,628.00 TO BE CHARGED TO ACCT NO 001 - 1730 - 541 -3450 W /CURRENT BAL$84,000) (Acting City Manager) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING THE SOUTH MIAMI DRUG -FREE COALITION AS AN ADVISORY COMMITTEE TO THE MAYOR'S OFFICE AND APPOINTING A SPECIAL LIAISON FROM THE CITY COMMISSION; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION ESTABLISHING THE SOUTH MIAMI DRUG -FREE COALITION AS AN ADVISORY COMMITTEE TO THE MAYOR'S OFFICE AND APPOINTING A SPECIAL LIAISON FROM THE CITY COMMISSION) (Mayor Feliu) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A PERMIT AGREEMENT FOR A ONE (1) YEAR TERM WITH MIAMI -DADE COUNTY FOR LANDSCAPING & PASSIVE PARK AMENITIES USE AT SOUTH MIAMI METRORAIL STATION; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A PERMIT AGREEMENT FOR A 1 -YR TERM WITH MIAMI -DADE COUNTY FOR LANDSCAPING & PASSIVE PARK AMENITIES USE AT SO MIAMI METRORAIL STATION) (Mayor Feliu) 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; APPROVING A BUDGET FOR THE SMCRA AGENCY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010; AUTHORIZING THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE AGENCY TO SUBMIT THE BUDGET TO MIAMI - DADE COUNTY FOR APPROVAL; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 7 AGENDA - October 20, 2009 (A RESOLUTION APPROVING A BUDGET FOR THE SMCRA FOR THE FY 10101109 TO 9130110; AUTHORIZING THE AGENCY TO SUBMIT THE BUDGET TO MIAMI -DADE COUNTY FOR APPROVAL) (Acting City Manager) 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION OF THE ACTING CITY MANAGER AS SIGNATORY IN CITY BANK ACCOUNTS; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER AS SIGNATORY IN CITY BANK ACCOUNTS) (Acting City Manager) 22. 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 ADVERTIZING THE 1ST ANNUAL SOUTH MIAMI CITY WIDE EAT TOGETHER FESTIVAL TO BE HELD NOVEMBER 14TH AT THE GIBSON- BETHEL COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DR ADVERTIZING THE 1" ANNUAL SO MIAMI CITY WIDE EAT TOGETHER FESTIVAL TO BE HELD NOV. 14' AT THE GIBSON- BETHEL COMMUNITY CENTER) (Mayor Feliu) RESOLUTION (S) 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REQUESTING TO COMMENCE A REQUEST FOR PROPOSAL (RFP) PROCESS FOR FINANCIAL AUDIT SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION REQUESTING TO COMMENCE A REQUEST FOR PROPOSAL PROCESS FOR FINANCIAL AUDIT SERVICES) (Deferred 10108109) (Vice Mayor Beasley) 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE PLACEMENT OF AN ADVERTISEMENT FOR A CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING THE PLACEMENT OF AN ADVERTISEMENT FOR A CITY MANAGER) (Vice Mayor Beasley) 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; CREATING A PENSION AD HOC COMMITTEE; WHICH REGULAR CITY COMMISSION 8 AGENDA - October 20, 2009 COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING ALTERNATIVES TO THE CITY'S PENSION SYSTEM; APPOINTING COMMITTEE MEMBERS; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION CREATING A PENSION AD HOC COMMITTEE; WHICH COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING ALTERNATIVES TO THE CITY'S PENSION SYSTEM; APPOINTING COMMITTEE MEMBERS) (Commissioner Newman) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (CONT'D) 26. 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 (Acting City Manager) RESOLUTION (S) PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING (CONT'D) 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE II, SECTION 8 OF THE CITY'S CHARTER; PROPOSING TO THE CITY'S ELECTORS AN AMENDMENT TO THE CITY'S CHARTER TO CHANGE THE PROCESS BY WHICH MEMBERS OF BOARDS AND COMMITTEES ARE CHOSEN; PROVIDING FOR THE PROPOSED REGULAR CITY COMMISSION 9 AGENDA - October 20, 2009 AMENDMENT TO BE SUBMITTED TO THE CITY'S ELECTORS AT THE NEXT MUNICIPAL ELECTION OF FEBRUARY 9, 2010; PROVIDING BALLOT LANGUAGE; DIRECTING THE CITY CLERK TO TAKE ALL NECESSARY ACTIONS TO CARRY OUT THE PROVISIONS OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE FOR THE AMENDMENT AND DIRECTING THE CITY CLERK TO INCORPORATE THE AMENDMENT INTO THE CHARTER AND TO FILE THE REVISED CHARTER WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY, CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Sellars) 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 12 -05 -1834, AND AMENDED BY ORDINANCE NO. 17 -05 -1839, WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE AMENDMENT IS TO REQUIRE THAT ALL REQUIRED PARKING PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.4(B) IS PROVIDED FOR ALL USES LOCATED ON THE PROPERTY AND TO UPDATE THE CURRENT NUMBER OF PARKING SPACES PROVIDED; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Acting City Manager) CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COWXSSION 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 COMMxSSION. " PURSUANT TO FLA STATUTES 266.0105, "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 10 AGENDA - October 20, 2009