12-02-08 AgendaSouth Miami
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2001
MAYOR: Horace G. Feliu CITY MANAGER: Ajibola Balogun
VICE MAYOR: Brian D. Beasley CITY ATTORNEY: Luis Figueredo
COMMISSIONER: Vacant CITY CLERK: Maria M. Menendez
COMMISSIONER: Velma Palmer
COMMISSIONER: Jay Beckman
CITY COMMISSION AGENDA
City Commission Meeting
Next Workshop date: December 2, 2008 Time: 6:30 PM
Regular Meeting date: December 2, 2008
Next Meeting date: December 16, 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 i
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
the City Commission tonight must have
the City Clerk as indicated above.
p.m.
1) Departmental Accomplishments and Goals- Public Works
Department.
2) FPL Representative
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of November 18, 2008
REGULAR CITY COMMISSION 1
AGENDA - December 2, 2008
2. City Manager's Report
a) Update on Noise Concerns in the Business District.
b) Miami Dade County's proposed Intersection Improvements of SW
56 Street and SW 62 Avenue.
c) Communication dated November 20, 2008 from J. Proctor, Esq.,
representing South Miami Corporation requesting an automatic
60 day deferral of two items pertaining to the First on
Sunset Project.
d) Aquatic Center Design Plan Presentation.
3. City Attorney's Report
a) Electric Transmission lines siting
PUBLIC REMARKS
(5 minutes)
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE HOURLY RATES AND TO EXECUTE
PROFESSIONAL GENERAL ENGINEERING SERVICES AGREEMENTS
WITH TY LIN INTERNATIONAL /HJROSS, KIMLEY -HORN AND
ASSOCIATES, INC. AND E.A.C. CONSULTING, INC.; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE HOURLY RATES & TO
EXECUTE PROFESSIONAL ENGINEERING SERVICES AGREEMENTS WITH TY LIN
INT'LIHJROSS, KIMLEY -HORN & E.A.C. CONSULTING)
(City Manager)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A LETTER TO GOMEZ BARKER ASSOCIATES,
INC., CONFIRMING A TWO YEAR EXTENSION OF THE LEGISLATIVE
(LOBBYING) SERVICES; AND PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO GOMEZ BARKER
ASSOCIATES, CONFIRMING A 2 -YR EXTENSION OF THE LOBBYING SERVICES)
(City Manager)
REGULAR CITY COMMISSION 2
AGENDA - December 2, 2008
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE $23,422.20 FROM ACCOUNT NUMBER 001-
1340- 513 -34 -50 TO USA SOFTWARE, INC. FOR THE 2008/2009
POLICE DEPARTMENT SOFTWARE SUPPORT AND MAINTENANCE;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $23,422.20 FOR THE
200812009 POLICE DEPT SOFTWARE SUPPORT AND MAINTENANCE TO BE CHARGED TO THE
TO USA SOFTWARE W /CURRENT BAL$98,710)
(City Manager)
7. 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 5880 SUNSET DRIVE
TO PROMOTE A FUNDRAISING EVENT ENTITLED "THE SHOP FOR
THE LIGA" SPONSORED BY THE LEAGUE AGAINST CANCER TO BE
HELD AT THE COCO PLUM WOMEN'S CLUB ON DECEMBER 16, 2008;
AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION TO PERMIT THE INSTALLATION OF A BANNER AT 5880 SUNSET DR TO
PROMOTE A FUNDRAISING EVENT ENTITLED "THE SHOP FOR THE LIGA" TO BE HELD AT
THE COCO PLUM WOMEN'S CLUB ON 12116108)
(City Manager)
8. 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 $9,516.45; CHARGING
$9,516.45 TO ACCOUNT NO. 001 - 1500 - 514.31 -20; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTYS' FEES FOR NGF IN THE AMT OF $9,516.45;
CHARGING ACCT #001 - 1500 -514 -3120, W /CURRENT BAL$109,329.71)
(City Attorney)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MIAMI -DADE
LEAGUE OF CITIES REPRESENTATION; APPOINTING COMMISSIONER
VELMA PALMER AS COMMISSION LIAISON TO THE MIAMI -DADE
LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING COMMISSIONER VELMA PALMER AS COMMISSION LIAISON TO
THE MIAMI -DADE LEAGUE OF CITIES)
(Mayor Feliu)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING WALTER HARRIS TO SERVE ON THE
CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR,
ENDING DECEMBER 1, 2009; AND PROVIDING AN EFFECTIVE
DATE. 3/5
REGULAR CITY COMMISSION 3
AGENDA - December 2, 2008
(A RESOLUTION APPOINTING WALTER HARRIS TO THE CHARTER REVIEW COMMITTEE FOR A
PERIOD OF ONE YR ENDING 12101109)
(Mayor Feliu)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING EVELIO C. TORRES TO SERVE ON THE
CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR,
ENDING DECEMBER 1, 2009; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION APPOINTING EVELIO C. TORRES TO THE CHARTER REVIEW COMMITTEE
FOR A PERIOD OF ONE YR ENDING 12101109)
(Mayor Feliu)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING ANTHONY TRUESDELL'TO SERVE ON THE
PARK AND RECREATION BOARD FOR AN UNEXPIRED TERM ENDING
JULY 23, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING ANTHONY TRUESDELL TO THE PARK /REC BD FOR AN
UNEXPIRED TERM ENDING 7123110)
(Mayor Feliu)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING DAISY A. HARRELL TO SERVE ON THE
COMMISSION FOR WOMEN FOR A TWO -YEAR TERM ENDING DECEMBER
1, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING DAISY A. HARRELL TO THE COMMISSION FOR WOMEN FOR A
2 -YR TERM ENDING 12101110)
(Mayor Feliu)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING SEIDA A. FELIU TO SERVE ON THE
COMMISSION FOR WOMEN FOR A TWO -YEAR TERM ENDING DECEMBER
1, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING SEIDA A. FELIU TO THE COMMISSION FOR WOMEN FOR A
2 -YR TERM ENDING 12101110)
(Mayor Feliu)
RESOLUTION (S)
(NONE)
REGULAR CITY COMMISSION 4
AGENDA - December 2, 2008
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
15. 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)
16. 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)
17. 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)
18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI RELATING TO CHARTER AMENDMENTS;
PROPOSING AMENDMENT TO ARTICLE V, ELECTIONS, PARAGRAPH
2.A., TO CHANGE THE MONTH IN WHICH GENERAL ELECTIONS ARE
HELD FROM FEBRUARY TO NOVEMBER OF EACH EVEN - NUMBERED
YEAR, SUBMITTING THE BALLOT QUESTION TO THE ELECTORATE OF
THE CITY AT THE SPECIAL ELECTION SCHEDULED FOR JANUARY
13, 2009; PROVIDING SEVERABILITY; ORDINANCES IN CONFLICT;
AND AN EFFECTIVE DATE. 3/5
(Commissioner Beckman)
REGULAR CITY COMMISSION rJ
AGENDA - December 2, 2008
RESOLUTION (S) /PUBLIC HEARING (S)
(Was not advertised - Applicant has requested deferral)
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT
TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE FOR
SPECIAL EXCEPTIONS FOR A UNIFIED DEVELOPMENT PROJECT
KNOWN AS THE "FIRST ON SUNSET" PROJECT IN THE "SR(HD -OV)"
SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING
DISTRICT TO PERMIT: (1) A SPECIAL EXCEPTION TO SECTIONS
20 -7.7B AND 20 -7.9B IN ORDER TO ALLOW A TOTAL LOT
COVERAGE OF 62.89% OR 121,140 SQUARE FEET WHICH EXCEEDS
THE MAXIMUM 60% LOT COVERAGE AND 60,000 SQUARE FEET; (2)
A SPECIAL EXCEPTION TO SECTION 20 -7.9B TO ALLOW FOUR (4)
BANK DRIVE -THRU LANES WHICH EXCEED THE MAXIMUM PERMITTED
TWO (2) BANK DRIVE -THRU LANES; ALL FOR PROPERTY GENERALLY
LOCATED AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS
LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE
EAST 50 FEET OF LOTS 51 AND 52 OF 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; REPEALING RESOLUTION NO. 31 -05 -12010 ADOPTED
ON MARCH 1, 2005; AND PROVIDING AN EFFECTIVE DATE. 4/5
(A RESOLUTION TO PERMIT: (1) A SPECIAL EXCEPTION TO SECTIONS 20 -7.7B AND 20-
7.9B IN ORDER TO ALLOW A TOTAL LOT COVERAGE OF 62.89. OR 121,140 SQ FT WHICH
EXCEEDS THE MAX 60. LOT COVERAGE AND 60,000 SQ FT; (2) A SPECIAL EXCEPTION
TO SECTION 20 -7.9B TO ALLOW (4) BANK DRIVE -THRU LANES WHICH EXCEED THE
MAXIMUM PERMITTED (2) BANK DRIVE -THRU LANES; ALL FOR PROPERTY GENERALLY
LOCATED AT 5750 SUNSET DR)
(City Manager)
ORDINANCE (S) FIRST READING
(Applicant has requested deferral)
20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AMENDING A DEVELOPMENT AGREEMENT
PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED
DEVELOPMENT PROJECT PREVIOUSLY KNOWN AS "PROJECT SUNSET"
NOW KNOWN AS THE "FIRST ON SUNSET" PROJECT WHICH WAS
APPROVED BY ORDINANCE NO. 05 -05 -1827 ADOPTED MARCH 15,
2005; AMENDING CONDITION NO. 4 TO ALLOW THE PROJECT TO BE
DEVELOPED IN THREE PHASES INSTEAD OF TWO PHASES; AMENDING
CONDITION NO. 8(D) TO ACCEPT A REVISED PROJECT SITE PLAN
DATED JULY 25, 2008; ALL FOR PROPERTY LOCATED GENERALLY
AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU
9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET
REGULAR CITY COMMISSION 6
AGENDA - December 2, 2008
OF LOTS 51 AND 52 OF 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;; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
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 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 7
AGENDA - December 2, 2008