11-18-08 AgendasU " r South Miami
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J Ili COR PO RATED
• J 192'7 � O
2001
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: November 18, 2008
Next Meeting date: December 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 $500.00 per Ord. No. 44 -08-
1979. 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
been registered with
E. Presentation(s) 7:00
(NONE)
the City Commission tonight must have
the City Clerk as indicated above.
p.m.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of November 6, 2008
REGULAR CITY COMMISSION 1
AGENDA - NOVEMBER 18, 2008
2. City Manager's Report
a) Request Street lights along SW 62nd Street, from SW 58th Avenue
to SW 62nd Avenue;
b) City Restaurant Data
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 CONCERNING AN APPLICATION
PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO
PERMIT THE INSTALLATION OF A BANNER AT 5995 SUNSET DRIVE
TO PROMOTE THE 59TH ANNUAL BEAUX ARTS FESTIVAL SPONSORED
BY THE LOWE ART MUSEUM A FUNDRAISING EVENT TO BE HELD ON
THE CAMPUS OF THE UNIVERSITY OF MIAMI JANUARY 10 -11,
2009: AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION TO PERMIT THE INSTALLATION OF A BANNER AT 5995 SUNSET DR TO
PROMOTE THE 59TH ANNUAL BEAUX ARTS FESTIVAL TO BE HELD ON THE CAMPUS OF THE
UNIVERSITY OF MIAMI JAN 10 -11, 2009)
(City Manager)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AMENDMENT OF $800,000.00 WITH FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE
SOUTH MIAMI SUNSET DRIVE DRAINAGE IMPROVEMENTS; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE GRANT AMENDMENT OF $800,000 WITH FLA DEPT OF
ENVIRONMENTAL PROTECTION FOR THE SM SUNSET DR DRAINAGE IMPROVEMENTS)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO
ENTER INTO A MUTUAL AID AGREEMENT WITH THE SCHOOL BOARD
OF MIAMI -DADE COUNTY FOR GENERAL AND SPECIFIC LAW
ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH MIAMI
POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3),
FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 2
AGENDA - NOVEMBER 18, 2008
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID
AGREEMENT WITH THE SCHOOL BD OF MIAMI -DADE COUNTY FOR GENERAL AND SPECIFIC
LAW ENFORCEMENT DUTIES ON BEHALF OF THE CSM POLICE DEP)
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A THREE YEAR COPIER LEASE AGREEMENT WITH BANK
OF AMERICA IN THE AMOUNT OF $28,164.00 A YEAR AND BARLOP
BUSINESS SYSTEMS FOR A THREE YEAR MAINTENANCE AGREEMENT
OF CITY WIDE COPIERS IN THE AMOUNT OF $11,664.00 A YEAR
PLUS ANY COPIER OVERAGES AND CHARGING THE DISBURSEMENT TO
ACCOUNT 001 - 1320 - 513 -4710 TITLED PRINTING /BINDING/
PHOTOCOPY; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3 -YR COPIER LEASE
AGREEMENT WITH BANK OF AMERICA IN THE AMT OF $28, 164 /YR & BARLOP BUSINESS
SYSTEMS FOR A 3 -YR MAINTENANCE AGREEMENT OF CITYWIDE COPIERS IN THE AMT OF
$11,6641YR TO BE CHARGED TO THE PRINTING /BINDING /PHOTOCOPY ACCT W /CURRENT
BAL$40,664)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION CITY OF
SOUTH MIAMI, FLORIDA, SUPPORTING THE DELEGATION OF
AUTHORITY TO DISTRICT OFFICES OF THE DEPARTMENT OF
TRANSPORTATION TO ADJUST AND IMPLEMENT 'ALTERNATIVE
PROCEDURES AND DESIGN STANDARDS TO MITIGATE TRAFFIC
IMPACTS AND PROMOTE SAFE AND CONVENIENT TRAVEL FOR
VEHICLES, PEDESTRIANS AND BICYCLISTS; URGING OTHER
COUNTIES AND MUNICIPALITIES TO SUPPORT THE LIMITED
DELEGATION OF AUTHORITY TO THE FDOT DISTRICT OFFICES IN
ORDER TO BETTER RESPOND TO LOCAL NEEDS; AUTHORIZING THE
CITY CLERK TO FORWARD THIS RESOLUTION TO THE FDOT
SECRETARY; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION SUPPORTING THE DELEGATION OF AUTHORITY TO DISTRICT OFFICES OF
THE DEPARTMENT OF TRANSPORTATION TO ADJUST AND IMPLEMENT ALTERNATIVE
PROCEDURES AND DESIGN STANDARDS TO MITIGATE TRAFFIC IMPACTS AND PROMOTE SAFE
AND CONVENIENT TRAVEL FOR VEHICLES, PEDESTRIANS AND BICYCLISTS)
(Mayor Feliu and Commissioner Beckman)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO UNDESIGNATED
CONTINGENCY CASH RESERVE FUND; AUTHORIZING THE CITY
MANAGER TO ADVANCE A PAYMENT IN THE AMOUNT UP TO THREE
HUNDRED THOUSAND DOLLARS TO COMPLETE THE PURCHASE OF THE
PROPERTY KNOWN AS THE DISON PROPERTY; THE THREE HUNDRED
THOUSAND DOLLARS TAKEN FROM THE UNDESIGNATED CONTINGENCY
CASH RESERVE FUND SHALL BE REIMBURSED BY THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT (FRDAP)
AND THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM; CHARGING
REGULAR CITY COMMISSION 3
AGENDA - NOVEMBER 18, 2008
PAYMENT TO ACCOUNT NUMBER 001 - 2100 - 519 -6115; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ADVANCE A PAYMENT IN THE
AMOUNT UP TO $300,000 TO COMPLETE THE PURCHASE OF THE PROPERTY KNOWN AS THE
DISON PROPERTY; THE $300,000 SHALL BE REIMBURSED BY THE FRDAP; AND THE SAFE
NEIGHBORHOOD PARKS BOND PROGRAMS)
(City Manager)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RECOGNIZING THE SIGNIFICANCE AND
THE IMPORTANCE OF THE CITY'S HISTORY TO ITS CITIZEN TO
ACCOMPLISH THIS A PLAN MUST BE DEVELOPED TO REVEAL THE
MEANING OF MEANINGFUL EVENTS IN THE CITY'S 81 YEAR
EXISTENCE; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION TO ACCOMPLISH A PLAN TO REVEAL THE MEANINGFUL EVENTS IN THE
CITY'S 81 -YR EXISTENCE)
(Mayor Feliu)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO TEACHER COMPENSATION
EXPRESSING STRONG CONCERNS WITH THE DISPARITY BETWEEN
TEACHER SALARIES AND SALARIES PAID TO OTHER PROFESSIONS;
REQUESTING THE GOVERNOR AND STATE LEGISLATURE TO TAKE
ACTION DURING THE 2009 LEGISLATIVE SESSION TO PROVIDE
ADDITIONAL FUNDS TO ENABLE THE RESPECTIVE SCHOOL BOARDS
TO SIGNIFICANTLY INCREASE THE COMPENSATION AND
PROFESSIONAL STATUS OF FLORIDA TEACHERS SO AS TO BE MORE
COMPETITIVE IN ATTRACTING AND RETAINING QUALITY TEACHERS;
SEEKING SUPPORT FROM ALL AFFECTED COMMUNITIES; PROVIDING
AN EFFECTIVE DATE. 3/5
(A RESOLUTION REQUESTING THE GOVERNOR AND STATE LEGISLATURE TO TAKE ACTION
DURING THE 2009 LEGISLATIVE SESSION TO PROVIDE ADDITIONAL FUNDS TO ENABLE
THE RESPECTIVE SCHOOL BOARDS TO SIGNIFICANTLY INCREASE THE COMPENSATION AND
PROFESSIONAL STATUS OF FLORIDA TEACHERS SO AS TO BE MORE COMPETITIVE IN
ATTRACTING AND RETAINING QUALITY TEACHERS)
(Mayor Feliu)
RESOLUTION (S)
(NONE)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO SMALL RESTAURANTS BY
AMENDING LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER
TO REMOVE THE DEFINITION OF SMALL RESTAURANT; AMENDING
THE PERMITTED USE SCHEDULE SECTION 20- 3.3(D) TO REMOVE
SMALL RESTAURANT AS A SPECIAL USE IN ALL ZONING
REGULAR CITY COMMISSION 4
AGENDA - NOVEMBER 18, 2008
DISTRICTS; AMENDING SPECIAL USE CONDITIONS SECTION .20-
3.4(B) IN ORDER TO REMOVE SUB- SECTION (19) ENTITLED SMALL
RESTAURANT: PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
(Deferred 11106108) 5/5
(Commissioner Beckman)
RESOLUTION (S) /PUBLIC NEARING (S)
13. 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 FOR THE
INSTALLATION OF A MARQUEE AND A WALL SIGN ON A
DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 7220
RED ROAD (CROSSROADS 'BUILDING) PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION FOR THE INSTALLATION OF A MARQUEE & A WALL SIGN ON A
DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 7220 RED RD)
(City Manager)
ORDINANCE (S) FIRST READING
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
PURCHASE A STREET SWEEPER, ONE FORD F -250, ONE SIDE
LOADER, ONE DUMP TRUCK AND FOUR (4) CROWN VICTORIAS FOR A
TOTAL AMOUNT OF $541,911.00 AND ACCEPTING THE INTEREST
RATE OF 4.25% FOR A FIVE YEAR FINANCING TERM THROUGH
FIRST NATIONAL BANK OF SOUTH MIAMI WITH FIVE ANNUAL
PAYMENTS IN THE AMOUNTS OF $ 120,000.00 AND CHARGING TO
PUBLIC WORKS ACCOUNT NUMBERS 001- 1720 - 534 -4455, 001-
1730 -541 -4455, STORM WATER DRAIN TRUST FUND ACCOUNT
NUMBER 111 - 1730 - 541 -4455 AND POLICE DEPARTMENT ACCOUNT
NUMBER 001 - 1910 - 521 -4450 VEHICLE -TRUCK LEASE PURCHASE
ACCOUNT NAMES; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 4/5
(City Manager)
15. 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 44 -08 -1979 TO ADD
NEW FEES TO THE SCHEDULE, PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN.EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
REGULAR CITY COMMISSION 5
AGENDA - NOVEMBER 18, 2008
16. 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 INSERTING NEW SECTION
20- 3.1(E) TO BE ENTITLED "BUSINESS OUTSIDE A BUILDING ",
IN ORDER TO REQUIRE THAT ALL COMMERCIAL ACTIVITIES
WITHOUT A PERMIT ALLOWING FOR OUTDOOR USE MUST BE
CONDUCTED WITHIN A BUILDING; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE LAND
DEVELOPMENT CODE BY AMENDING SECTION 20-3.3(D) PERMITTED
USE SCHEDULE TO MAKE MOBILE AUTOMOBILE WASH /WAX SERVICE
A PERMITTED USE IN ALL USE DISTRICTS IN WHICH IT IS
CURRENTLY LISTED AS A SPECIAL USE; BY DELETING SECTION
20- 3.4(B) (20) SPECIAL REQUIREMENTS FOR MOBILE AUTOMOBILE
WASH /WAX SERVICE; BY CREATING, SECTION 20- 3.6(V) TO BE
ENTITLED "SPECIAL REQUIREMENTS FOR MOBILE AUTOMOBILE
WASH /WAX SERVICE "; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 5/5
(Mayor Feliu)
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 ZXPERTINENT, 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 6
AGENDA - NOVEMBER 18, 2008