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11-03-09 AgendaCITY COMMISSION AGENDA City Commission Meeting Regular Meeting date: November 3, 2009 Time: 7:30 PM Next Regular Meeting date: November 17, 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 - 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 the City Commission tonight must have the City Clerk as indicated above. p.m. ITEM (S) FOR THE COMMISSION'S CONSIDERATION: REGULAR CITY COMMISSION AGENDA - November 3, 2009 1 1. Approval of Minutes a) Minutes of September 22, 2009 b) Minutes of September 8, 2009 c) Minutes of October 6, 2009 2. City Manager's Report (25 minutes) a) Informational report on request to extend a variance approval for a building site at 7039 SW 61 avenue pursuant to the provisions of Senate Bill 360; b) Response to Mayor Feliu request for complementary parking , program for "Black Friday ". c) Confirmation of Manager's appointment to Pension Board. 3. City Attorney's Report (15- minutes) (BEGINNING OF UNFINISHED BUSINESS) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 4. 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) 5. 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 REGULAR CITY COMMISSION 2 AGENDA - November 3, 2009 FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Acting City Manager) ORDINANCE (S) FIRST READING 6. 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) 7. 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) 8. 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) REGULAR CITY COMMISSION 3 AGENDA - November 3, 2009 9. 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; 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) REGULAR CITY COMMISSION 4 AGENDA - November 3, 2009 (BEGINNING OF CONSENT) 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 MIAMI -DADE COUNTY'S OFFICE OF GRANTS COORDINATION FOR A FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT RELATING TO THE POLICE DEPARTMENT IN THE AMOUNT OF $4,056.00; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MIAMI -DADE COUNTY'S OFFICE OF GRANTS COORDINATION FOR A FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT RELATING TO THE POLICE DEPARTMENT IN THE AMT OF $4,056.) (Acting City Manager) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,. FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI - DADE TRANSIT AGENCY FOR FEDERAL FUNDING PASS- THROUGH ARRANGEMENTS WITH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 FEDERAL TRANSIT (FTA 5307) FOR THE INSTALLATION OF TWO (2) BUS SHELTERS IN THE AMOUNT OF $112,431.84; AND PROVIDING FOR AN EFFECTIVE DATE. , 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI -DADE TRANSIT AGENCY FOR FEDERAL FUNDING PASS - THROUGH ARRANGEMENTS WITH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR THE INSTALLATION OF TWO BUS SHELTERS IN THE AMT OF $112,431.84) (Acting City Manager) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PURCHASE TEMPORARY PORTABLE LIGHTS FROM LIGHTING SPECIALTIES COMPANY FOR SOUTH MIAMI PARK TO BE USED WITH THE SOUTH MIAMI GREY GHOSTS SPORTS PROGRAM AND TO CHARGE THE COST OF $4,875.00 TO THE SOCCER DONATION ACCOUNT NUMBER 001 - 0000 - 219 -3575; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO PURCHASE TEMPORARY PORTABLE LIGHTS FROM LIGHTING SPECIALTIES COMPANY FOR SO MIAMI PARK TO BE USED WITH THE SO MIAMI GREY GHOSTS SPORTS PROGRAM CHARGING $4,875.00 TO THE SOCCER DONATION ACCT W /CURRENT BAL$32,107.72) (Acting City Manager) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PURCHASE A STORAGE CONTAINER FROM OMEGA CONTAINER SERVICES COMPANY FOR SOUTH MIAMI PARK TO BE REGULAR CITY COMMISSION 5 AGENDA - November 3, 2009 USED WITH THE SOUTH MIAMI GREY GHOSTS SPORTS PROGRAM AND TO CHARGE THE COST OF $3,190.00 TO THE SOCCER DONATION ACCOUNT NUMBER. 001 - 0000 - 219 -3575; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO PURCHASE A STORAGE CONTAINER FROM OMEGA CONTAINER SERVICES COMPANY FOR SO MIAMI PARK TO BE USED WITH THE SO MIAMI GREY GHOSTS SPORTS PROGRAM; CHARGING $3,190.00 TO THE SOCCER'DONATION ACCT W /CURRENT BAL$32,107.72) (Acting City Manager) 14. 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 JENNY SOD SERVICE CORPORATION FOR LANDSCAPING IMPROVEMENTS TO SOUTH MIAMI METRORAIL STATION IN AN AMOUNT OF $6,750.00 TO BE CHARGED TO ACCOUNT NUMBER 001 - 1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE WORK ORDER FOR JENNY SOD SERVICE CORP FOR LANDSCAPING IMPROVEMENTS TO SO MIAMI METRORAIL STATION IN AN AMT OF $6,750.00 TO BE CHARGED TO ACCT # 001- 1730- 541 -3450) (Acting City Manager) 15. 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 69TH ANNUAL FAIRCHILD TROPICAL GARDEN RAMBLE FESTIVAL A FUNDRAISING FAMILY EVENT TO BE HELD AT THE GARDENS NOVEMBER 20 -22, 2009; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DR TO PROMOTE THE 69' ANNUAL FAIRCHILD TROPICAL GARDEN RAMBLE FESTIVAL TO BE HELD AT THE GARDENS NOV 20 -22, 2009) (Acting City Manager) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING NANCY DISOTUAR TO SERVE ON THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) ADVISORY BOARD FOR A TWO -YEAR TERM ENDING NOVEMBER 2, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING NANCY DISOTUAR TO SERVE ON THE SO MIAMI COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD FOR A 2 -YR TERM ENDING 11/02/11) (Mayor Feliu) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING CURPHY W. GRANT TO SERVE ON THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) REGULAR CITY COMMISSION 6 AGENDA - November 3, 2009 ADVISORY BOARD FOR A TWO -YEAR TERM ENDING NOVEMBER 2, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING CURPHY W. GRANT TO SERVE ON THE SO MIAMI COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD FOR A 2 -YR TERM ENDING 11/02/11) (Mayor Feliu) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING WALTER HARRIS TO SERVE ON THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) ADVISORY BOARD FOR A TWO -YEAR TERM ENDING NOVEMBER 2, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING WALTER HARRIS TO SERVE ON THE SO MIAMI COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD FOR A 2 -YR TERM ENDING 11/02/11) (Mayor Feliu) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING GLADYS GILLIAM- TURNER TO SERVE ON THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) ADVISORY BOARD FOR A TWO -YEAR TERM ENDING NOVEMBER 2, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING GLADYS GILLIAM- TURNER TO SERVE ON THE SO MIAMI COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD FOR A 2 -YR TERM ENDING 11/02/11) (Mayor Feliu) 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ALEC ROSEN TO SERVE ON THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) ADVISORY BOARD FOR A TWO -YEAR TERM ENDING NOVEMBER 2, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING ALEC ROSEN TO SERVE ON THE SO MIAMI COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD FOR A 2 -YR TERM ENDING 11/02/11) (Mayor Feliu) 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING TERRI VICKERS - BALLARD TO SERVE ON THE PARK AND RECREATION BOARD FOR A TWO -YEAR TERM ENDING NOVEMBER 2, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING TERRI VICKERS - BALLARD TO SERVE ON THE PARK AND RECREATION BD FOR A 2 -YR TERM ENDING 11/02/11) (Mayor Feliu) (END OF CONSENT) REGULAR CITY COMMISSION 7 AGENDA - November 3, 2009 RESOLUTION (S) 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING ANTICIPATED EXPENDITURES WITH VENDORS WHICH THE CITY ESTIMATES THE PAYMENTS FOR THE FISCAL YEAR TO EXCEED $5,000; INSTRUCTING THE CITY MANAGER TO REPORT ON A MONTHLY BASIS CONTRACTS ENTERED INTO WITH VENDORS IN EXCESS OF $5,000; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE APPROVAL OF THE LIST OF VENDORS WHICH THE CITY ESTIMATES THE PAYMENTS FOR THE FISCAL, YEAR TO EXCEED $5,000; INSTRUCTING THE CITY MANAGER TO REPORT ON A MONTHLY BASIS CONTRACTS ENTERED INTO WITH VENDORS IN EXCESS OF $5,000) (Acting City Manager) 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM GRANT APPLICATION SUBMITTED FOR THE DISON PARK INFRASTRUCTURE PROJECT AND AUTHORIZING THE CITY MANAGER TO COMMIT TO THE REQUIRED MATCH IN THE AMOUNT OF $60,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM GRANT APPLICATION SUBMITTED FOR THE DISON PARK INFRASTRUCTURE PROJECT AND AUTHORIZING THE CITY MANAGER TO COMMIT TO THE REQUIRED MATCH IN THE AMT OF $60,000) (Acting City Manager) 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM GRANT APPLICATION SUBMITTED FOR THE MURRAY PARK POOL AND AUTHORIZING THE CITY MANAGER TO COMMIT TO THE REQUIRED MATCH IN THE AMOUNT OF $220,050.00, WHICH WILL COME FROM THE OFFICE OF COMMUNITY AND DEVELOPMENT MURRAY PARK POOL GRANT ACCOUNT NUMBER 114 - 2010 - 572 -6441; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO COM91T TO THE REQUIRED MATCH IN THE AMOUNT OF $220,050.00, WHICH WILL COME FROM THE OFFICE OF COMMUNITY, AND DEVELOPMENT MURRAY PARK POOL GRANT ACCT W /CURRENT BAL$756,911) (Acting City Manager) 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE NO. 24 -01 -1755 ON OCTOBER 2, 2001 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70' REGULAR CITY COMMISSION 8 AGENDA - November 3, 2009 STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER USES IN ADDITION TO RETAIL USES; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION DIRECTING THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN AS ADOPTED VIA ORDINANCE NO. 24 -01 -1755 ON 10102101 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70" ST BY AMENDING THE 1" FLOOR PLAN TO ALLOW OTHER USES IN ADDITION TO RETAIL USES) (Mayor Feliu) 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE ACTING CITY MANAGER TO DETERMINE THE EXISTENCE AND FEASIBILITY OF USING CITY PROPERTY FOR SITING FACILITIES AND OTHER EQUIPMENT FOR WIRELESS COMMUNICATION TRANSMISSION FACILITIES BY COMMERCIAL COMMUNICATION SERVICES PROVIDERS; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION DIRECTING THE ACTING CITY MANAGER TO DETERMINE THE EXISTENCE AND FEASIBILITY OF USING CITY PROPERTY FOR SITING FACILITIES AND OTHER EQUIPMENT FOR WIRELESS COMMUNICATION TRANSMISSION FACILITIES BY COMMERCIAL COMMUNICATION SERVICES PROVIDERS) (Mayor Feliu) 27. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING AN AUDIT COMMITTEE TO ESTABLISH CRITERIA, REVIEW AND ASSIST IN THE PROCESS OF .SELECTING AN AUDITOR; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION CREATING AN AUDIT COMMITTEE TO ESTABLISH CRITERIA, REVIEW AND ASSIST IN THE PROCESS OF SELECTING AN AUDITOR) (Acting City Manager) 28. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE ACTING CITY MANAGER TO EXPLORE METHODS OF ATTRACTING SUPERMARKETS TO THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION DIRECTING THE ACTING CITY MANAGER TO EXPLORE METHODS OF ATTRACTING SUPERMARKETS TO THE CITY OF SOUTH MIAMI) (Mayor Feliu) 29. 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) (Deferred 10120109) (Acting City Manager) REGULAR CITY COMMISSION 9 AGENDA - November 3, 2009 29A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; SUPPLEMENTING THE PENSION AD HOC COMMITTEE ADOPTED BY RESOLUTION NO. 180 -09- 12989, BY PROVIDING THAT THE COMMITTEE MUST FURNISH ITS REPORT TO THE CITY COMMISSION WITHIN SIX MONTHS; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION SUPPLEMENTING THE PENSION AD HOC COMMITTEE ADOPTED BY RESOLUTION NO. 180 -09- 12989, BY PROVIDING THAT THE COMMITTEE MUST FURNISH ITS REPORT TO THE CITY COMMISSION WITHIN SIX MONTHS) (Mayor Feliu) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (CONT'D) 30. 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 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 TARE 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) RESOLUTION (S) PUBLIC HEARING (S) 31. A RESOLUTION OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DETERMINING PURSUANT TO LAND DEVELOPMENT CODE SECTION 20-4.8(C)(2) THE EXISTENCE OF A NON - CONFORMING RESTAURANT USE AT THE BEST MIAMI HOTEL LOCATED AT 5959 SW 71s' STREET AND TO PERMIT THE CONTINUATION OF THE RESTAURANT USE AT SAME LOCATION; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION DETERMINING THE EXISTENCE OF A NON- CONFORMING RESTAURANT USE AT THE BEST MIAMI HOTEL LOCATED AT 5959 SW 715' ST AND TO PERMIT THE CONTINUATION OF THE RESTAURANT USE AT SAME LOCATION) (Acting City Manager) REGULAR CITY COMMISSION 10 AGENDA - November 3, 2009 ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING (CONT'D) 32. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2010 GENERAL AND SPECIAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, I AND IV; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 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, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." 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 1 1 AGENDA - November 3, 2009