03-04-08 AgendaSouth Miami
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MAYOR: Horace G. Feliu ACTING CITY MANAGER: Ajibola Balogun
VICE MAYOR: Brian D. Beasley CITY ATTORNEY: Luis Figueredo
COMMISSIONER: Randy G. Wiscombe CITY CLERK: Maria M. Menendez
COMMISSIONER: Velma Palmer
COMMISSIONER: jay Beckman
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: March 4, 2008
Next Regular Meeting date: March 18, 2008
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 $125.00. 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 the City Commission tonight must have
been registered with the City Clerk as indicated above:
E. Presentation(s) 7:00 p.m.
1) Officers of the Month of December 2007:
Off. Marcus Kinlaw and Off. Pedro Rojas
Officer of the Year 2007:
Off. Jesus Aguiar
Chief Award:
Off. Joseph Mendez
2) Miami -Dade County's update on SW 62nd Avenue Improvement
Project
REGULAR CITY COMMISSION l
AGENDA - March 4, 2008
3) Miami -Dade County's Proposed Improvements to S.W. 57th Avenue
GEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of
a) Minutes
b) Minutes
Minutes
of February 13, 2008
of February 19, 2008
2. City Manager's Report
a) Commission's Concerns
b) Vendors over $5,000
3. City Attorney's Report
UNFINISHED BUSINESS
RESOLUTION (S) /PUBLIC HEARING (S)
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20 -3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR
SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT AS
PART OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A
PRIVATE - PUBLIC DEVELOPMENT LOCATED AT 5829 SW 73rd STREET
WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY
DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A. LARKINS
SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -
DADE COUNTY; AND PROVIDING AN EFFECTIVE DATE. 4/5
(Deferred 215108 CC Meeting)
(A RESOLUTION FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT AS
PART OF THE SO MIAMI MUNICIPAL PARKING FACILITY LOCATED AT 5829 SW 73rd ST)
(Acting City Manager)
ORDINANCE (S) FIRST READING
5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION
ORDINANCE; AMENDING CHAPTER 16, ARTICLE (II) , SECTION
16 -13 (B); PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT AND AN EFFECTIVE DATE. 3/5
(Acting City Manager)
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AGENDA - March 4, 2008
6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND
DEVELOPMENT CODE SECTION 20- 5.11(L) ENTITLED
"EXPIRATION" IN ORDER TO EXTEND THE TIME PERIOD AFTER
WHICH THE FINAL APPROVAL OF THE ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD SHALL LAPSE AFTER SIX (6) MONTHS IF
NO PERMIT HAS BEEN APPLIED FOR; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Acting City Manager)
7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND
DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED
USE SCHEDULE" AND SECTION 20 -7.12 ENTITLED "PERMITTED
USES" IN ORDER TO ALLOW ACUPUNCTURIST AS A PERMITTED USE
IN THE "SR (HD -OV) ", SPECIALITY RETAIL (HOMETOWN DISTRICT
OVERLAY) ZONING DISTRICT; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
(Acting City Manager) 3/5
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND
DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE
APPROVALS" IN ORDER TO MODIFY THE CONDITIONS AND TIME
PERIOD AFTER WHICH AN APPROVED VARIANCE SHALL LAPSE;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(Commissioner Beckman)
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND
DEVELOPMENT CODE SECTION 20 -4.4 (A) ENTITLED "OFF- STREET
PARKING REQUIREMENTS" IN ORDER TO MODIFY THE PROVISIONS
ALLOWING FOR ADJACENT ON- STREET PARKING SPACES TO BE
COUNTED AS REQUIRED PARKING; MODIFYING THE CONDITIONS
ALLOWING FOR ON- STREET PARKING SPACES TO BE CREDITED TO
OTHER NEARBY PROPERTIES; AND PROVIDING FOR AN ANNUAL FEE
TO BE ASSESSED FOR COUNTING ON- STREET SPACES AS REQUIRED
SPACES; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
END OF
UNFINISHED BUSINESS
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AGENDA - March 4, 2008
PUBLIC REMARKS
(5 minutes)
CONSENT
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE FIVE -YEAR
(2007/08 TO 2011/12) CAPITAL IMPROVEMENTS PLAN;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION ADOPTING THE 5 -YR (2007108 TO 2011112) CAPITAL IMPROVEMENTS
PLAN)
(Acting City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMPENSATION
FOR THE ACTING CITY MANAGER; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION RELATING TO COMPENSATION FOR THE ACTING CITY MANATER)
(Mayor Feliu)
12. 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 RELATING TO AUTHORIZATION OF THE ACTING CITY MANAGER AS
SIGNATORY IN CITY BANK ACCOUNTS)
(Acting City Manager)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $18,890.60; CHARGING
$18,890.60 TO ACCOUNT NO. 001 -1500- 514 -3410, LEGAL
SERVICES - LITIGATION SPECIAL PROJECTS AND COSTS;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $18,890.60;
CHARGING THE LEGAL SERVICES- LITIGATION SPECIAL PROJECTS & COSTS ACCT
W /CURRENT BAL$96,515.25)
(City Attorney)
RESOLUTION (S)
(NONE)
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AGENDA - March 4, 2008
ORDINANCE (S) EMERGENCY
14. AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
LAND DEVELOPMENT CODE AMENDING FOR A PERIOD OF 30 DAYS
REGULATIONS PERTAINING TO BONUSES AND PARKING
REDUCTIONS IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT
(TODD) AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO
REQUIRE APPROVAL BY A FOUR /FIFTHS VOTE OF THE CITY
COMMISSION AND SUSPENDING CERTAIN OTHER PROVISIONS THAT
ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES,
THEREBY ENABLING THE CITY'S PLANNING BOARD TO MAKE
FINAL RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT
A PROPOSED ORDINANCE MAKING PERMANENT THE SUSPENDED AND
MODIFIED PROVISIONS SET FORTH IN THIS ORDINANCE;
PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN
CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS
TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5
(Commissioner Beckman)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE;
AUTHORIZING A TERM LOAN; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF A PROMISSORY NOTE AND A
LOAN AGREEMENT WITH BANK OF AMERICA, N.A.; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE
DATE. 4/5
(Acting City Manager)
ORDINANCE (S) THIRD READING PUBLIC NEARING (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
ORDINANCE (S) FIRST READING
(CONT'D)
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AGENDA - March 4, 2008
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE
OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY DESIGNATING ALLEN'S DRUG STORE, LOCATED
AT 4000 SW 57 AVENUE AS AN HISTORIC SITE AND BY PLACEMENT OF
AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE
EXISTING ZONING USE DISTRICT FOR THE PROPERTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 4/5
(Acting City Manager)
17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE
OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL
BUILDING LOCATED AT 5730 SW 49' STREET AS AN HISTORIC SITE
AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE
(HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS
PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Acting City Manager)
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING
EFFICIENT AND ORDERLY COM41SSXON 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
Co"ffSSION. "
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 - March 4, 2008