01-23-07 AgendaCITY COMMISSION AGENDA
City Commission Meeting
Meeting date: January 23, 2007
Next Regular Meeting date: February 6, 2007
6130 Sunset Drive, South Miami, FL; Phone: (305) 663- 6340 Time: 7:30 PM
City of South Miami Ordinance No. 10 -00 -1712 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. It does not apply to not - for - profit
organizations, local chamber and merchant groups, homeowner associations, F
or trade associations and unions.
CALL TO ORDER:
A. Roll Call:
B Invocation:
C Pledge of Allegiance:
D. Presentation(s) 7:00 p.m.
1) Proclamation for Eileen Whiltor.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of January 9, 2007
2. City Manager's Report
REGULAR CITY COMMISSION 1
AGENDA - JANUARY 23,'2007
3. City Attorney's Report
UNFINISHED BUSINESS
(From meeting 0.1109107)
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 DRAINAGE;
AMENDING SECTION 1OA -45 OF THE CITY'S CODE IN ORDER TO
REQUIRE PROPERTIES TO RETAIN STORMWATER DRAINAGE ON
SITE SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN
CONTRIBUTING TO OR CAUSING RECURRENT OR EXCESSIVE
PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF -WAY
AND TO AMEND THE PERMITTING PROCESS SO AS TO 'ENSURE
PROPER REVIEW AND DRAINAGE; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. 3/5
(Mayor Fel.iu)
5. AN ORDINANCE OF THE MAYOR AND, CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CERTIFICATES
OF OCCUPANCY; AMENDING SECTION 20 -5.16 RELATING TO
UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO
PROVIDE FOR THE OPTION OF USING A DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,; AND
AN EFFECTIVE DATE. 3/5
(City Manager)
RESOLUTION (S)/PUBLIC HEARING (S)
(From meeting 0.1109107)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF
A CERTIFICATE OF APPROPRIATENES'S PURSUANT 'TO SECTION 20
5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE
REPLACEMENT OF WINDOWS IN A SINGLE FAMILY RESIDENCE
LOCATED AT 6250 MILLER ROAD WITHIN THE CAMBRIDGE LAWNS
HISTORIC DISTRICT; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS
FOR THE REPLACEMENT OF WINDOWS IN A RESIDENCE LOCATED AT 6250 MILLER RD)
(City Manager)
REGULAR CITY COMMISSION 2
AGENDA - JANUARY 23, 2007
ORDINANCE (S) FIRST READING
(From meeting 01109107)
7. A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM
DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT
APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES;
AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC
MANSIONS "; STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO -
STORY HOMES FOR THE EIGHT MONTH PERIOD TO COMPLETE THE
STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A
WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND
CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS;
AND EXPANDING THE POWERS OF THE ERPB BY AMENDING
SUBSECTION 20- 6.1(C)(3)(f); PROVIDING SEVERABILITY
ORDINANCE IN CONFLICT, AND AN; ]EFFECTIVE DATE. 3/5
(Vice Mayor Wiscombe)
(END OF UNFINISHED BUSINESS)
PUBLIC REMARKS
CONSENT
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NUMBER 1 TO GRANT AGREEMENT
WITH UNITED STATE DEPARTMENT OF AGRICULTURE, NATURAL
RESOURCE CONSERVATION SERVICES (NRCS) FOR THE BROAD
CANAL DEBRIS REMOVAL & EMBANKMENT RESTORATION; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 1
TO GRANT AGREEMENT WITH US DEPT OF AGRICULTURE, NATURAL RESOURCE
CONSERVATION SERVICES FOR THE BROAD CANAL DEBRIS REMOVAL & EMBANKMENT
RESTORATION)
(City Manager)
9. 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 FINAL DESIGN AND
PREPARATION OF CONSTRUCTION DOCUMENTS FOR SUNSET DRIVE
IMPROVEMENTS IN AN AMOUNT OF $276,000 TO BE CHARGED TO
REGULAR CITY COMMISSION 3
AGENDA - JANUARY 23, 2007
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
GRANT ACCOUNT NUMBER 106- 1726 - •536 -3450 AND THE CITY'S
ACCOUNT NUMBERS 001- 2100 - 519 -3171 AND 124 - 1730 - 541 -3450;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO (C3TS)
FOR FINAL DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR SUNSET DR
IMPROVEMENTS IN AN AMT OF $276,000 TO BE CHARGED TO FL DEPT OF
ENVIRONMENTAL PROTECTION (FDEP) GRANT ACCT & CITY'S ACCTS W /CURRENT
BAL$75,000 & $63,000 RESPECTIVELY)
(City Manager)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE FISCAL YEAR 2006 GRANT AGREEMENT
EXTENSION WITH MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND
ECONOMIC DEVELOPMENT (OCED) FOR THE CHURCH STREET
IMPROVEMENTS PHASE III; PROVIDING FOR AN EFFECTIVE DATE.
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE FY 2006 GRANT
AGREEMENT EXTENTION WITH MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC
DEVELOPMENT FOR THE CHURCH ST IMPROVEMENTS PH III) 3/5
(City Manager)
11. 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 -3450 TO USA SOFTWARE, INC. FOR THE 2006/07
POLICE DEPARTMENT SOFTWARE SUPPORT AND MAINTENANCE;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $23,422.20 TO USA
SOFTWARE FOR THE 06107 POLICE DEPT SOFTWARE SUPPORT AND MAINTENANCE FROM
THE CONTRACTUAL SERVICES ACCT W /CURRENT BAL$50,729.71)
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(CONT'D)
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CERTIFICATES
OF OCCUPANCY; AMENDING SECTION 20 -7.30 AND 20 -8.16
RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF
USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF
UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION 4
AGENDA - JANUARY 23 2007
RESOLUTION (SYPUSLIC NEARING (S)
13. A RESOLUTION OF THE MAYOR & CIT'Y COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
THREE VARIANCES FROM SECTION 20- 3.5(E) OF THE LAND
DEVELOPMENT CODE IN ORDER TO ALLOW THE CONSTRUCTION OF
A TWO STORY SINGLE FAMILY HOME ON PROPERTY LOCATED AT
6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE
"RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT;
THE VARIANCES REQUESTED ARE: (1) A VARIANCE TO ALLOW
THE "LOT SIZE OF A BUILDING SITE TO BE 4796 SQUARE
FEET WHERE A MINIMUM LOT SIZE OF 6000 SQUARE FEET IS
REQUIRED AND 47 FEET OF FRONTAGE WHERE 60 FEET IS
REQUIRED; (2) A VARIANCE TO PERMIT AN INTERIOR SIDE
YARD SECOND STORY SETBACK TO BE 9 FEET 9 INCHES WHERE
10 FEET IS REQUIRED; (3) A VARIANCE TO ALLOW THE SQUARE
FOOTAGE OF THE SECOND STORY TO BE THE SAME SQUARE
FOOTAGE (100 %) AS THE FIRST FLOOR WHERE THE MAXIMUM
SIZE OF THE SECOND FLOOR IS TO BE LIMITED TO 60% OF THE
FIRST FLOOR SQUARE FOOTAGE; PROVIDING FOR AN EFFECTIVE
DATE. (Deferred 01109107) 4/5
(A RESOLUTION FOR 3 VARIANCES FROM SEC. 20- 3.5(3) OF THE LDC TO ALLOW THE
CONSTRUCTION A 2 -STORY SINGLE FAMILY HOME AT 6350 SW 60 AVE; (1) A
VARIANCE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 4796 SQ FT WHERE
A MINIMUM OF 6000 SQ FT IS REQUIRED AND 47 FT OF FRONTAGE WHERE 60 FT IS
REQUIRED; (2) A VARIANCE TO PERMIT AN INTERIOR SIDE YARD SECOND STORY
SETBACK TO BE 9 FT 9" WHERE 10 FT IS REQUIRED; (3) A VARIANCE TO ALLOW
THE SQ FOOTAGE OF THE SECOND STORY TO BE THE SAME SQUARE FOOTAGE (100$) AS
THE FIRST FLOOR- WHERE THE MAXIMUM SIZE OF THE SECOND FLOOR IS TO BE
LIMITED TO 60a OF THE FIRST FLOOR SQUARE FOOTAGE
(City Manager)
14. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
CODE IN ORDER TO ALLOW THE CONSTRUCTION OF A ONE STORY
SINGLE FAMILY HOME ON PROPERTY' LOCATED AT 6016 SW 63
STREET, SOUTH MIAMI, FLORIDA, WITHIN THE "RS -4" SINGLE
FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCE
REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FEET 10
INCHES WHERE A MINIMUM OF 25 FEET IS REQUIRED;
PROVIDING FOR AN EFFECTIVE DATE.. (Deferred 01109107) 4/5
(A RESOLUTION FOR VARIANCES FROM SEC 20- 3.5(3) OF THE LDC TO ALLOW THE
CONSTRUCTION OF A 1 -STORY SINGLE FAMILY HOME AT 6016 SW 63 ST; THE
VARIANCE REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FT 10" WHERE A
MINIMUM OF 25 FT IS REQUIRED)
(City Manager)
REGULAR CITY COMMISSION 5
AGENDA - JANUARY 23, 2007
RESOLUTION (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC NEARING S)
(NONE)
ORDINANCE (S) FIRST READING
(NONE)
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
AGENDA - JANUARY 23, 2007
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