03-18-08 Agendai�
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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 18, 2008
Next Regular Meeting date: April 1, 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.
(NONE)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of February 21, 2008
b) Minutes of March 4, 2008
REGULAR CITY COMMISSION
AGENDA - March 18, 2008
2. City Manager's Report
a) Commission Workshop Thursday, March 27, 2008 at 5:00 p.m.:
YMCA"
b) Public Meeting Wednesday, April 2, 2008 at 5:30 p.m.:
"Mango Terrace Neighborhood Traffic Study"
c) Parking count of the three downtown parking garages.
d) Vendors over $5,000.
3. City Attorney's Report
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 NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $31,258.03; CHARGING
$9,765.12 TO ACCOUNT NO. 001 -1500- 514- 34 -10, LITIGATION
SPECIAL PROJECTS AND COSTS; CHARGING $460.00 TO ACCOUNT
NO. 001 - 1500 - 514- 34 -52, CODE ENFORCEMENT; AND CHARGING
$21,032.91 TO ACCOUNT NO. 001 - 1500 - 514- 34 -54, LITIGATION
RESERVE; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $31,258.03;
CHARGING THE LITIGATION AND CODE ENFORCEMENT ACCTS W /CURRENT BALS$70,000 &
$20,000 RESPECTIVELY)
(City Attorney)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING JORGE CRUZ TO SERVE ON THE
PLANNING BOARD FOR AN UNEXPIRED TERM ENDING OCTOBER 16,
2008; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING JORGE CRUZ TO SERVE ON THE PB FOR AN UNEXPIRED
TERM ENDING 10116108)
(Mayor Feliu)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING RITA TORRES TO SERVE ON THE
PENSION BOARD FOR A TWO -YEAR TERM ENDING MARCH 17,
2010; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING RITA TORRES TO SERVE ON THE PENSION BD FOR A 2 -YR
TERM ENDING 3117110)
(Mayor Feliu)
REGULAR CITY COMMISSION 2
AGENDA - March 18, 2008
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING RODNEY WILLIAMS TO SERVE ON
THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA)
BOARD FOR A TWO -YEAR TERM ENDING MARCH 17, 2010; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING RODNEY WILLIAMS TO SERVE ON THE CRA BOARD FOR A
2 -YR TERM, ENDING 3/17/10)
(Mayor Feliu)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING MARIE BIRTS TO SERVE ON THE
SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA)
BOARD FOR A TWO -YEAR TERM ENDING MARCH 17, 2010; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING MARIE BIRTS TO SERVE ON THE CRA BOARD FOR A 2 -YR
TERM, ENDING 3117110)
(Mayor Feliu)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
SOUTH MIAMI CHARTER; CREATING A CHARTER REVIEW
COMMITTEE; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION CREATING A CHARTER REVIEW COMMITTEE)
(Mayor Feliu)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, DIRECTING THE PLANNING BOARD TO
CONSIDER AMENDING THE LAND DEVELOPMENT CODE SECTION 20-
5.17 "DESIGNATION OF HISTORIC SITES" IN ORDER TO
PROVIDE THAT ONCE AN HISTORIC DESIGNATION PROPOSAL IS
DENIED BY THE CITY COMMISSION THE DESIGNATION CAN ONLY
BE REINITIATED BY THE PROPERTY OWNER; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION DIRECTING THE PLANNING BOARD TO CONSIDER AMENDING THE LDC
"DESIGNATION OF HISTORIC SITES" IN ORDER TO PROVIDE THAT ONCE AN HISTORIC
DESIGNATION PROPOSAL IS DENIED BY THE CITY COMMISSION THE DESIGNATION CAN
ONLY BE REINITIATED BY THE PROPERTY OWNER)
(Vice Mayor Beasley)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION
OF THE ACTING FINANCE DIRECTOR AS SIGNATORY IN CITY
BANK ACCOUNTS; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE ACTING FINANCE DIRECTOR AS SIGNATORY IN CITY
BANK ACCOUNTS)
(Acting City Manager)
REGULAR CITY COMMISSION 3
AGENDA - March 18, 2008
12. 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
FOR GENERAL OBLIGATION BOND (GOB) FUNDING IN AN AMOUNT
OF $462,000.00 FOR A WATER DISTIBUTION SYSTEM
EXTENSION; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
MIAMI -DADE COUNTY FOR GENERAL OBLIGATION BOND FUNDING IN AN AMT OF
$462,000.00 FOR A WATER DISTIBUTION SYSTEM EXTENSION)
(Acting City Manager)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ADOPTING AN AGREEMENT
BETWEEN THE CITY OF SOUTH MIAMI AND 64 DEVELOPMENT
CORPORATION SETTING FORTH COVENANTS, TERMS AND
CONDITIONS APPLICABLE TO A PROPOSED FOUR STORY MIXED
USE BUILDING TO BE CONSTRUCTED ON PROPERTY LOCATED AT
5966 -70 S.DIXIE HIGHWAY; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION ADOPTING AN AGREEMENT BETWEEN THE CSM & 64 DEVELOPMENT
CORPORATION SETTING FORTH COVENANTS, TERMS AND CONDITIONS APPLICABLE TO A
PROPOSED 4 -STORY MIXED USE BUILDING TO BE CONSTRUCTED ON PROPERTY LOCATED
AT 5966 -70 SO DIXIE HWY)
(Acting City Manager)
RESOLUTION (S)
(NONE)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
14. 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 49th 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)
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION
REGULAR CITY COMMISSION 4
AGENDA - March 18, 2008
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)
16. 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)
17. 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)
18. 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
ORDINANCE (S) THIRD READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
REGULAR CITY COMMISSION 55
AGENDA - March 18, 2008
RESOLUTION (S) /PUBLIC HEARING (S)
19. 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 73E' 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 & 3104108)
(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)
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST FOR A
VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
CODE IN ORDER TO ALLOW A LOT COVERAGE OF 31% (1580
SQUARE FEET) WHERE A MAXIMUM OF 30% (1530 SQUARE FEET)
IS PERMITTED ALL ON PROPERTYY LOCATED AT 6321 SW 43
STREET WITHIN AN RS -4, SINGLE FAMILY RESIDENTIAL ZONING
USE DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. 4/5
(Deferred from 11- 27 -07)
(A RESOLUTION TO ALLOW A LOT COVERAGE OF 310 WHERE A MAXIMUM OF 30o IS
PERMITTED ALL ON PROPERTYY LOCATED AT 6321 SW 43 ST)
(Acting City Manager)
ORDINANCE (S) FIRST READING
21. 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
(Deferred 3104108)
(Mayor Feliu)
REGULAR CITY COMMISSION 6
AGENDA - March 18, 2008
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 IRPERTINENT, OR
SLANDEROUS REMRKS OR WHO SHALL BECOME BOISTEROUS WHILE
ADDRESSING THE C0l*ffSSION SHALL BE FORTHWITH BARRED FROM FURTBER
AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS
PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COIrIlUSSION. "
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 - March 18, 2008
South Miami
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CITY OF SOUTH MIAMI 11111F
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola W. Balogun, Acting City Manager '
Matilde Menendez, Acting Finance Director
From: Kathy Vazquez, Purchasing r. /
Date: March 18, 2008
Subject: Expenditures over $5,000.00
On March 10, 2005, the City Commission requested that purchase expenditures in excess of
the $5,000.00 be reported via the City Managers report instead of a Resolution. This procedure
was developed with the intent of full disclosure of expenditures expected to exceed $5,000.00
during a fiscal year.
I
During the current fiscal year four reports were submitted, first on October 02, 2007, October
16, 2007, December 18, 2007 and March 4, 2008. During our routine monitoring of the vendors
we found that the following two vendors had previously been reported, however, since reported
there has been a name change. Therefore, we are now reporting the name change to you for
the current fiscal year 2007/2008.
Previous New Description Total Est. Expenses
Vendor name Vendor Name of Svs for FN 07108
Ackerman & Senterfitt Bryant Miller &Olive Labor Attorney $24,000.00
HTE Sungard Sungard Public Sector Computer equip /software $60,000.00
All vendors will continue to be monitored throughout the remainder of the fiscal year for Charter
compliance by Central Services. There will be additional reports through out the fiscal year as
vendor expenditures either increase or new vendors are selected.
Please let me know if you have any questions.