09-16-08 AgendaSouth Miami
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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
Regular Meeting date: September 16, 2008
Budget Workshop date: September 17, 2008 Time: 6:00 PM
.2nd Budget Hearing date: September 23, 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
1 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 of the Month
2) Recognizing July 4th celebration sponsors.
3) Presentation of historic marker plaque to Mr. Ian Murgatroyd,
property owner of designated historic single family home at
5730 SW 49th Street.
4) Presentation of historic marker plaque to Mr. Luis Jepeway,
Jr. property owner of designated historic commercial building
at 5700 Sunset Drive (Crossroads Building).
REGULAR CITY COMMISSION 1
AGENDA - September 16, 2008
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of August 22, 2008
b) Minutes of August 27, 2008
2. City Manager's Report
a) Vendors over $5,000
b) YMCA's request to review Lease Agreement to address potential
changes in the operation, per Section 3.8.
3. City Attorney's Report
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 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
(Deferred 7129108 & 8127108)
(Commissioner Beckman)
5. 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
(Deferred 7129108 & 8127108)
(Commissioner Beckman)
REGULAR CITY COMMISSION 2
AGENDA - September 16, 2008
6. 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
(Deferred 7129108 & 8/27/08)
(Commissioner Beckman)
7. 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
(Deferred 7129108 & 8127108)
(Commissioner Beckman)
RESOLUTION (S) /PUBLIC HEARING (S)
8. 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) (19) OF THE LAND
DEVELOPMENT CODE FOR SPECIAL
USE APPROVAL FOR A SMALL
RESTAURANT TO BE LOCATED AT
5800 SW 73rd STREET WITHIN
THE "SR (HD -OV)" SPECIALTY
RETAIL (HOMETOWN DISTRICT
OVERLAY) ZONING DISTRICT ON
PROPERTY LEGALLY DESCRIBED
AS LOTS 46 AND 47 LESS THE
WEST 60 FEET, 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
(A RESOLUTION FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT TO BE LOCATED
AT 5800 SW 73rd ST)
(City
Manager)
REGULAR CITY COMMISSION 3
AGENDA - September 16, 2008
ORDINANCE (S) FIRST READING
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE;
AMENDING CHAPTER 11, SECTIONS 11 -24 THROUGH 11 -32;
PROVIDING FOR FEES RELATING TO ENVIRONMENTAL PROTECTION
AND RECYCLING WITHIN RESIDENTIAL SINGLE- FAMILY HOME
DISTRICTS AND RESIDENCES; FEES, PROVIDING FOR CODE
ENFORCEMENT PROCEDURES; ENFORCEMENT AND REGULATIONS;
SCHEDULES AND ROUTES, TERMINATION; ENFORCEMENT AND
ADMINISTRATIVE FINES; AND TO SET ASIDE 25 PERCENT OF THE
FEES COLLECTED FOR GREEN RELATED IMPROVEMENT WITHIN THE
CITY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE. 3/5
(City Manager)
(END OF UNFINISHED BUSINESS)
PUBLIC REMARKS
(5 minutes)
CONSENT
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF, SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A ONE YEAR CONTRACT BETWEEN THE
AMERICAN 'FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL -CIO; LOCAL 3294 (HEREINAFTER REFERRED TO
AS AFSCME) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A 1 -YR
CONTRACT BETWEEN THE AFL -CIO & THE CSM)
(City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A ONE YEAR CONTRACT BETWEEN THE
MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION
COLLECTIVE BARGAINING UNIT (POLICE OFFICERS AND
SERGEANTS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A 1 -YR
CONTRACT BETWEEN THE POLICE OFFICERS AND SERGEANTS & THE CSM)
(City Manager)
REGULAR CITY COMMISSION 4
AGENDA - September 16, 2008
12. 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 13TH ANNUAL 5K RUN /WALK RACE FOR THE CURE TO
BENEFIT BREAST CANCER TO BE HELD OCTOBER 18, 2008:
PROVIDING FOR AN EFFECTIVE DATE. 3/5
A RESOLUTION CONCERNING AN APPLICATION TO PERMIT THE INSTALLATION OF A
BANNER OVER SUNSET DRIVE TO PROMOTE THE 13' ANNUAL 5K RUN /WALK RACE FOR THE
CURE TO BENEFIT BREAST CANCER TO BE HELD 10118108)
(City Manager)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE. A GRANT AMENDMENT WITH THE FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM ADMINISTERED BY THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
ACQUISITION OF THE DISON PROPERTY; AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AMENDMENT WITH
THE FLA RECREATION DEVELOPMENT ASSISTANCE PGM FOR ACQUISITION OF THE DISON
PROPERTY)
(City Manager)
14. 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 $9,737.38; CHARGING
$8,900.38 TO ACCOUNT NO. 001- 2100 - 519- 99 -20; AND CHARGING
$837.00 TO ACCOUNT NO. 001 - 2100 - 519- 99 -24; AND PROVIDING
AN EFFECTIVE DATE. 3/5
A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMOUNT OF $9,7 3 7.3 8
CHARGING ACCTS 2100 -519 -9920 & 9924 WIBAL$500 & $0.00 RESPECTIVELY)
(City Attorney)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE A WORK ORDER WITH BUDGET CONSTRUCTION CO, INC FOR
LANDSCAPING SERVICES AS PART OF SW 66TH STREET
IMPROVEMENTS PHASE 1 IN AN AMOUNT OF $34,347.99 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 GRANT AMENDMENT WITH
THE FLA RECREATION DEVELOPMENT ASSISTANCE PGM FOR ACQUISITION OF THE DISON
PROPERTY)
(City Manager)
REGULAR CITY COMMISSION 5
AGENDA - September 16, 2008
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDING THE
CURRENT CONTRACT WITH LAZ PARKING FOR THE PROVISION OF
MUNICIPAL PARKING MANAGEMENT SERVICES; AND PROVIDING AN
EFFECTIVE DATE. 3/5
A RESOLUTION EXTENDING THE CURRENT CONTRACT WITH LAZ PARKING FOR THE
PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES)
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC NEARING (S)
(CONT'D)
17. A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 2007-
2008 FISCAL YEAR BUDGET; APPROVING AND ADOPTING
THE
RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER
LINE
ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST WITHIN
EACH CITY DEPARTMENT PURSUANT TO ARTICLE IV F(1) OF
THE
CITY CHARTER FOR THE BUDGET YEAR ENDING SEPTEMBER
30,
2008, AND TO INCREASE THE CURRENT YEAR BUDGET FOR
DEBT
SERVICE AND CAPITAL IMPROVEMENTS (GARAGE LOAN)
NOT
INCLUDED IN THE FINAL ADOPTED BUDGET, BUT INCURRED IN
THE
CURRENT YEAR; AND AUTHORIZING THE CITY MANAGER TO
TAKE
SUCH MEASURES AS ARE NECESSARY; PROVIDING
FOR
SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE
DATE.
3/5
(City Manager)
18. 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)
19. 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)
REGULAR CITY COMMISSION 6
AGENDA - September 16, 2008
20. 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)
21. 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, 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. 3/5
(Deferred 7129108 & 8127108)
(Commissioner Wiscombe)
ORDINANCE (S) FIRST READING
(CONT'D)
22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO ALCOHOL; AMENDING
CHAPTER 4, ARTICLE I, OF THE CITY OF SOUTH MIAMI CODE OF
ORDINANCES BY AMENDING SECTION 4 -8 BY CREATING A
PROVISION RELATING TO PROHIBITING THE CONSUMPTION OF
ALCOHOL IN PUBLIC PLACES AND CERTAIN PRIVATE PLACES;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
CODIFICATION, AND AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
REGULAR CITY COMMISSION 7
AGENDA - September 16, 2008
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING
EFFICIENT AND ORDERLY COMdrSSION 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 CO1►41SSION 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
COIF 4rSSION. "
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 - September 16, 2008