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08-19-08 Cancelled(11 South Miami ki.Atd Oftedca CRY I Im' zom MAYOR: Horace G. Feliu 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: August 19, 2008 Next Regular Meeting date: September 2, 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. Presentation of Ceremonial Checks. 2. Presentation of historic marker plaque to Mr.Ian Murgatroyd, property owner of designated historic single family home at 5730 SW 49th Street. 3. Presentation of historic marker plaque to Mr. Harvey Amster property owner of three historic designated commercial buildings (Amster Properties / Dorn Buildings) at 5900 -04 Sunset Drive. REGULAR CITY COMMISSION 1 AGENDA — August 19, 2008 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of July 22, 2008 b) Minutes of July 29, 2008 2. City Manager's Report a) Vendors Over $5,000 b) Update on drainage issue along SW 62 Street just west of SW 62nd Avenue. 3. City Attorney's Report UNFINISHED BUSINESS ORDINANCE (S) THIRD READING PUBLIC HEARING (S) 4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING /DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT." - IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; DELETING REPETITIVE SECTION 20 -7.29 ENTITLED "OUTDOOR SEATING /DINING USES AND AREAS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Approved on 2 °d reading 7129108) (City Manager) RESOLUTION (S) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA REPEALING RESOLUTION NO. 105 -08- 12702 WHICH CONTINUED UNTIL OCTOBER 1, 2008 A THREE MONTH MORATORIUM ON APPROVALS OF OUTDOOR RESTAURANT SEATING /DINING PERMITS; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION REPEALING RESOLUTION NO. 105 -08 -12702 WHICH CONTINUED UNTIL OCT 1, 2008 A THREE MONTH MORATORIUM ON APPROVALS OF OUTDOOR RESTAURANT SEATING /DINING PERMITS) (City Manager) REGULAR CITY COMMISSION 2 AGENDA - August 19, 2008 ORDINANCE (S) THIRD READING PUBLIC HEARING (S) 6. 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 GVi�rrVNS REMOVING THE PROVISIONS 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 (Approved on 2°° reading 7129108) (Mayor Feliu) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 7. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESIDENTIAL PARKING; AMENDING THE SOUTH MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 -99, ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO DESIGNATE THREE ADDITIONAL CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (Deferred 7129108) (City Manager) 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2 -2.1 (B) AND (M)(1)(k), IN ORDER TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, SECTIONS 5 B, AND 6 B(3); AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE II, SECTIONS 2 -6, 2 -7.1, 2- 10(d), AND 2 -15, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III, SECTION 1; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR REGULAR CITY COMMISSION 3 AGENDA - August 19, 2008 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE III "BOARDS AND COMMISSIONS," SECTIONS 2 -21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 9, "ELECTIONS," SECTIONS 9 -1, 9 -1.1., 9 -2, 9 -3, 9 -6, 9 -7, 9 -8, AND 9 -10, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) ORDINANCE (S) FIRST READING 12. AN'ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H) , (I) , (J) , (K) , (L) , (M) AND (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW SECTION 20 -4.12 ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REt4EDIES; PROVIDING FOR A REPEAL PROVISION AND A SEVERABILITY CLAUSE; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (Commissioner Wiscombe) (END OF UNFINISHED BUSINESS) REGULAR CITY COMMISSION 4 AGENDA — August 19, 2008 PUBLIC REMARKS (5 minutes) CONSENT 13. 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, INC. FOR CONSTRUCTION OF SUNSET DRIVE IMPROVEMENTS - PHASE II IN AN AMOUNT OF $523,826.15 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106- 1726 -536- 6301; STORMWATER TRUST FUND ACCOUNT NUMBER 111- 1730 -541- 3450; THE PEOPLE'S TRANSPORTATION FUND ACCOUNT NUMBER 124 - 1730541 -3450; AND THE LOCAL OPTION GAS ACCOUNT NUMBER 112 - 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VILA & ASSOC FOR SUNSET DR IMPROVEMENTS -PH II CONSTRUCTION IN AN AMT OF $523,826.15 TO BE CHARGED TO THE (FDEP) GRANT, STORMWATER TRUST FUND; THE PEOPLE'S TRANSPORTATION FUND; & THE LOCAL OPTION GAS ACCTS, ALL W /CURRENT BAL$300,000;$72,957; $80,000; & $76,822 RESPECTIVELY) (City Manager) 14. 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 CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR CONSTRUCTION PHASE SERVICES FOR SUNSET DRIVE IMPROVEMENTS -PHASE II IN AN AMOUNT OF $23,740 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106- 1726 - 536 -3451; PROVIDING FOR AN EFFECTIVE DATE 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO (C3TS) FOR CONSTRUCTION PHASE SERVICES FOR SUNSET DR IMPROVEMENTS PH II IN AN AMT OF $23,740 TO BE CHARGED TO STORM WATER TRUST FUND ACCT W /CURRENT BAL$25,000) (City Manager) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH J PROSSER ENTERPRISES, INC. FOR THE PURCHASE OF A TRAILER MOUNTED STEAM'CLEANER IN AN AMOUNT OF $8,150.00 TO BE CHARGED TO OPERATING EQUIPMENT ACCOUNT NUMBER 001 - 1750 - 519 -6430; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH J PROSSER ENTERPRISES FOR THE PURCHASE OF A TRAILER MOUNTED STEAM CLEANER IN REGULAR CITY COMMISSION 5 AGENDA - August 19, 2008 AN AMT OF $8,150 TO BE CHARGED TO THE OPERATING EQUIPMENT ACCT W /CURRENT BAL$8, 605) (City Manager) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $6,805.00 TO AUTOMATED BUSINESS MACHINES FOR THE PURCHASE OF AN MBM TRIUMPH AUTOMATIC PAPER CUTTER MODEL 4810, AND CHARGING THE DISBURSEMENT TO ACCOUNT 001- 1320 -513 -64.30 (OPERATING EQUIPMENT) ; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $6,805 TO AUTOMATED BUSINESS MACHINES FOR THE PURCHASE OF AN MBM TRIUMPH AUTOMATIC PAPER CUTTER MODEL 4810, AND CHARGING THE DISBURSEMENT TO THE OPERATING EQUIPMENT ACCT W /CURRENT BAL$6,805) (City Manager) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CO- DESIGNATION OF S.W. 59TH FROM S.W. 8OTH STREET TO S.W. 72"D STREET AS "AMERICAN LEGION WAY ". AND AUTHORIZING THE CITY MANAGER TO SUBMIT THIS RESOLUTION TO MIAMI -DADE COUNTY AND TO TAKE ALL OTHER RELEVANT ACTIONS; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE CO- DESIGNATION OF SW 59TH FROM SW BOTH ST TO SW 72' ST AS "AMERICAN LEGION WAY "; AUTHORIZING THE CITY MANAGER TO SUBMIT THIS RESOLUTION TO MIAMI -DADE COUNTY) (Mayor Feliu) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $9,966.00 TO AQUAGENIX FOR THE PURCHASE AND INSTALLATION OF A FLOATING WATER FOUNTAIN AT FUCHS PARK, AND CHARGING THE DISBURSEMENT TO ACCOUNT 001- 1750 - 519 -34.50 (CONTRACTUAL SERVICES) ; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $9,966 TO AQUAGENIX FOR THE PURCHASE AND INSTALLATION OF A FLOATING WATER FOUNTAIN AT FUCHS PARK, AND CHARGING THE DISBURSEMENT TO THE CONTRACTUAL SERVICE ACCT W /CURRENT BAL$27,400) (City Manager) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING BROCK CHESTER TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING AUGUST 18, 2010; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING BROCK CHESTER TO SERVE ON THE CRB FOR A 2 -YR TERM ENDING 8/18/10) (Mayor Feliu) REGULAR CITY COMMISSION 6 AGENDA - August 19, 2008 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING DANA M. MOSS; SR. TO SERVE ON THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING DANA M. MOSS, SR. TO SERVE ON THE BUDGET /FINANCE COMMITTEE FOR A TERM ENDING 9130108) (Mayor Feliu) RESOLUTION (S) /PUBLIC HEARING (S) 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE TO PERMIT WALL SIGNAGE ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5712 SUNSET DRIVE (CROSSROADS BUILDING); PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION TO PERMIT WALL SIGNAGE ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5712 SUNSET DR) (City Manager) ORDINANCE (S) FIRST READING 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE, AMENDING ARTICLE III, SECTION 15 -91, OF THE CODE OF ORDINANCES; CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE IS PERMITTED, PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO PROVIDE NEW DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING, GROUP HOME, AND MODIFYING THE DEFINITIONS OF COMMUNITY RESIDENTIAL HOME AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION 20 -3.3 (D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE DISTRICTS WHICH WILL PERMIT BOARDING HOUSES, TOURIST DWELLINGS, AND GROUP HOMES; PROVIDING FOR SEVERABILITY; REGULAR CITY COMMISSION 7 AGENDA - August 19, 2008 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 24. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE /FEE SCHEDULE ; AMENDING ORDINANCE 32 -01 -1763 AND 15- 04- 1822 AS AMENDED BY ORDINANCES TO, INCREASING SOME PERMIT FEE, ADDING NEW FEES AND DELETING SOME FEES FROM THE SCHEDULE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) 25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CODE OF ORDINANCE; AMENDING SECTION' 2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS ", TO ALLOW FOR MEETING TIME LIMITS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioners Beckman and Palmer) THE 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 C0M41SSI0N. " 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 8 AGENDA - August 19, 2008