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08-05-08 AgendaCITY COMMISSION AGENDA City Commission Meeting Meeting date: August 5, 2008 Next Regular Meeting date: August 19, 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) Officer(s) of the Month 2) Water Shortage Presentation REGULAR CITY COMMISSION 1 AGENDA — August 5, 2008 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes (NONE) 2. City Manager's Report a) b) c) 9 Vendors over $5,000 Update on City Commission's request Common's ongoing construction meets documents. Update on petition for "Controlled Ordinance Item No. 18. to verify if Red Road approved development Parking Residential Zones" Auditor's presentation to explain Item No.19. 3. City Attorney's Report UNFINISHED BUSINESS RESOLUTION (S) 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BUDGET; AUTHORIZING A TRANSFER OF $5,200.00 FROM ACCOUNT NO. 001 - 2100 - 519- 99 -24, SETTLEMENTS TO ACCOUNT NO. 001 -2100- 519 -3457, CONTRACTUAL; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING A TRANSFER OF $5,200 FROM SETTLEMENTS TO THE CONTRACTUAL ACCT) (City Manager) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION ATTORNEYS' FEES; APPROVING PENSION ATTORNEYS' FEE FOR SUGARMAN & SUSSKIND IN THE AMOUNT OF $12,100.00 FOR QUALIFYING THE PENSION PLAN; CHARGING ACCOUNT NO. 001- 2100- 519 -3457; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING PENSION ATTORNEYS' FEE FOR SUGARMAN & SUSSKIND IN THE AMT OF $12,100 FOR QUALIFYING THE PENSION PLAN; CHARGING THE CONTRACTUAL ACCT W /CURRENT BAL$12,100) (City Manager) (END OF UNFINISHED BUSINESS) REGULAR CITY COMMISSION 2 AGENDA — August 5, 2008 PUBLIC REMARKS (5 minutes) CONSENT 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH STANDARD INSURANCE TO PROVIDE LIFE /AD & D AND LTD INSURANCE FOR CITY OF SOUTH MIAMI FULL TIME EMPLOYEES; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH STANDARD INSURANCE TO PROVIDE LIFE /AD & D AND L) (City Manager) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FISCAL YEAR 2008 GRANT AGREEMENT AMENDMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR S.W. 66TH STREET IMPROVEMENTS, THEREBY INCREASING THE FUNDING AMOUNT FROM $200,000.00 TO $300,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FISCAL YEAR 2008 GRANT AGREEMENT AMENDMENT WITH MIAMI -DADE COUNTY'S OFFICE OF OCED FOR S.W. 66TH ST IMPROVEMENTS, THEREBY INCREASING THE FUNDING AMT FROM $200,000 TO $300,000) (City Manager) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION SUBMITTED BY CHAMBER SOUTH PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A BANNER AT 5995 SUNSET DRIVE TO PROMOTE THE 37TH ANNUAL SOUTH MIAMI ART FESTIVAL TO BE HELD IN DOWNTOWN NOVEMBER 1 -2, 2008: AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION TO PERMIT THE INSTALLATION OF A BANNER AT 5995 SUNSET DRIVE TO PROMOTE THE 37' ANNUAL SOUTH MIAMI ART FESTIVAL TO BE HELD IN DOWNTOWN NOVEMBER 1 -2, 2008) (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS AT SW 67th AVENUE /SW 64th STREET INTERSECTION IN AN AMOUNT OF $46,986.00 TO BE CHARGED TO ACCOUNT NUMBER 001- 1790 -519- 6440; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HOMESTEAD CONCRETE & DRAINAGE FOR CONSTRUCTION OF TRAFFIC CALMING REGULAR CITY COMMISSION 3 AGENDA - August 5, 2008 IMPROVEMENTS AT SW (57th AVE /SW 64" ST INTERSECTION IN AN AMT OF $46,986 TO BE CHARGED TO ACCT 1790 - 519 -6440 W /CURRENT BAL$99,068.26) (City Manager) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BUDGET; AUTHORIZING A TRANSFER OF $13,705.60 FROM ACCOUNT NO. 001 - 2100 - 519- 99 -24, SETTLEMENTS TO ACCOUNT NO. 1500 -514- 34-10, OTHER CONTRACTUAL SERVICE /LITIGATION, SPECIAL PROJECTS AND COSTS ACCOUNT; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION AUTHORIZING A TRANSFER OF $13,705.60 FROM SETTLEMENTS TO. OTHER CONTRACTUAL SERVICE /LITIGATION, SPECIAL PROJECTS AND COSTS ACCT) 3/5 (City Attorney) 11. 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 $17,616.27; CHARGING $17,616.27 TO ACCOUNT NO. 001- 1500 - 514- 34 -10, LITIGATION SPECIAL PROJECTS AND COSTS. 3/5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $17,616.27; CHARGING THE LITIGATION SPECIAL PROJECTS AND COSTS) (City Attorney) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ESTABLISHING INTERIM FEES FOR PERMITS ALLOWING OUTDOOR RESTAURANT SEATING /DINING PURSUANT TO SECTION 20- 3.3(E) OF THE LAND DEVELOPMENT CODE; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION ESTABLISHING INTERIM FEES FOR PERMITS ALLOWING OUTDOOR RESTAURANT SEATING /DINING PURSUANT TO THE LDC) (City Manager) RESOLUTION (S) (CONT'D) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH AVMED HEALTHCARE TO PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH MIAMI FULL TIME EMPLOYEES PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH AVMED TO PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH MIAMI FULL -TIME EMPLOYEES) (City Manager) REGULAR CITY COMMISSION 4 AGENDA — August 5, 2008 14. 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) ORDINANCE (S) FOURTH READING PUBLIC HEARING (S) 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; REMOVING FROM THE LAND DEVELOPMENT CODE SECTION 20- 4.4(G) ENTITLED "JOINT USE SPACES VIA SPECIAL PARKING PERMIT"; REMOVING FROM THE LAND DEVELOPMENT CODE SECTION 20- 4.4(H) ENTITLED "METRO -RAIL USAGE CONSIDERATION VIA SPECIAL PARKING PERMIT "; AMENDING SECTION 20 -7.6 ENTITLED "PARKING" IN ORDER TO MODIFY REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE "SR (HD -OV) " SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AMENDING SECTION 20- 8.10 ENTITLED "BONUS ALLOCATIONS" IN ORDER TO ELIMINATE PARKING REDUCTIONS AND PARKING BONUSES FOR DEVELOPMENT IN THE "TODD" TRANSIT ORIENTED DEVELOPMENT DISTRICT ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (Approved on 3rd reading 7122108) (Commissioner Beckman) ORDINANCE (S) THIRD READING PUBLIC HEARING (S) 16. 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 REGULAR CITY COMMISSION 5 AGENDA — August 5, 2008 PROVIDING AN EFFECTIVE DATE. 3/5 (Approved on 2nd reading 7129108) (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 -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 (Approved on 2nd reading 7129108) (Mayor Feliu) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 18. 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) 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF THE 2007 -2008 BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO INCREASE THE CURRENT 2007 -2008 BUDGET, FOR THE INCURRENCE OF PRIOR YEAR EXPENDITURES IN THE CURRENT FISCAL YEAR'S BUDGET, AS SET FORTH .IN THE ATTACHED ITEMIZED LIST ARE AMOUNTS COMMITTED AND FUNDED, BUT NOT EXPENDED IN THE FISCAL YEAR 2006 - 2007, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS NECESSARY TO ACCOMPLISH THOSE TRANSFERS; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. (Approved on 1St Reading 7122108) 3/5 (City Manager) REGULAR CITY COMMISSION 6 AGENDA — August 5, 2008 20. 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) 21. 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 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) 22. 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) 23. 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) REGULAR CITY COMMISSION 7 AGENDA - August 5, 2008 RESOLUTION (S) /PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING 24. AN ORDINANCE OF THE MAYOR AND CITY COMMIISSION 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) , M, (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, REQUIRIIMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FOR A REPEAL PROVISION AND A SEVERABILITY CLAUSE; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (Commissioner Wiscombe) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMUSSION 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. " 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 5, 2008 South Miami F U 1 edcac i v • CITY OF SOUTH MIAMI � o OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola W. Balogun, City Manager Matilde Menendez, Finance Director From: Kathy Vazquez, Purchasing M r. Date: August 5, 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. During the current fiscal year several reports have been submitted advising you of estimated expenditures and changes for the current fiscal year. During our routine monitoring of the vendors we found that the following vendors are expected to exceed $5,000.00 and /or are also expected to exceed the previously approved amount during the current fiscal year 2007/2008. Vendor name Description of sys Est. Expenses for F/Y 07/08 12th Avenue Graphics Newsletters $ 12,000.00 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.