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02-06-07 AgendaCITY COMMISSION AGENDA City Commission Meeting Meeting date: February 6, 2007 Next Regular Meeting date: February 20, 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, 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) Special Recognition for former employee, Adriana Hussein 2) Special Recognition for former employee, Eileen Whilton 3) Proclamation for longtime Parade of the Elves organizer Barbara Acker 4) Officer of the Month, November, 2006: Officer Joe Mendez 5) Officer of the Month, December, 2006: Officer Henry Guzman 6) 2006 Officer of the Year, Detective Richard Munoz 7) Chief's Award: Officer Michael Weissberg REGULAR CITY COMMISSION 1 AGENDA - FEBRUARY 6, 2007 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of January 18, 2007 b) Minutes of January 23, 2007 2. City Manager's Report a) Five -Year Capital Improvement Plan Draft b) Ludlam Elementary School Proposed Drop -off Conceptual Design Plan c) Update on: Pension Qualifying d) Update on: Field Light at Murray Park e) Miami -Dade County's Proposed Improvement to SW 57th Avenue 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO PROFESSIONAL GENERAL ENGINEERING SERVICES AGREEMENTS WITH MILIAN SWAIN & ASSOCIATES, INC., H.J. ROSS ASSOCIATES (NOW KNOWN AS TY LIN /HJ ROSS & ASSOCIATES) AND CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A.; PROVIDING FOR AN EFFECTIVE DATE. (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO PROFESSIONAL GENERAL ENGINEERING SERVICES AGREEMENTS WITH MILIAN SWAIN & ASSOCIATES; TY LINIH.J. ROSS ASSOCIATES; AND CORZO CASTELLA CARBALLO THOMPSON SALMAN) 3/5 (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 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 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 (Deferred 01123107) REGULAR CITY COMMISSION 2 AGENDA - FEBRUARY 6, 2007 (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 GRANT ACCT & CITY'S ACCTS W /CURRENT BAL$75,000 & $63,000 RESPECTIVELY) (City Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FISCAL YEAR (FY) 2007 GRANT AGREEMENT WITH THE MIAMI -DADE COUNTY DEPARTMENT OF HUMAN SERVICES FOR 'A MAXIMUM AMOUNT OF $33,750 FOR THE AFTER SCHOOL PROGRAMMING AND TUTORING SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FY 07 GRANT AGREEMENT WITH THE MIAMI -DADE COUNTY DEPT OF HUMAN SERVICES FOR THE MAXIMUM AMT OF $33,750 FOR THE PROVISION OF AFTER SCHOOL PROGRAMMING AND TUTORING SERVICES) (City Manager) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, MEMORIALIZING DR. MARTIN LUTHER KING, JR 'S LEGACY AND CONTRIBUTION TO THE SOCIETY WITH A SCULPTURE PLAQUE ON MARTIN LUTHER KING, JR. BOULEVARD IN THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION MEMORIALIZING DR. MARTIN LUTHER KING, JR.'S LEGACY AND CONTRIBUTION TO THE SOCIETY WITH A SC17LPTURE PLAQUE ON MARTIN LUTHER KING, JR . BOULEVARD IN THE CSM) (Commissioner Birts) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 8. 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 EST THREE 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) REGULAR CITY COMMISSION 3 AGENDA - FEBRUARY 6, 2007 9. 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 (Deferred 01123107) (City Manager) 10. 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 (Deferred 01123107) (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) 11. 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(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (A RESOLUTION FOR A VARIANCE OF THE LDC TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQ FT WHERE THE MINIMUM IS 7500 SQ FT; AND 50 FT OF FRONTAGE WHERE 75 FT IS REQUIRED LOCATED AT 7641 SW 62ND AVE; FOR THE CONSTRUCTION OF A 2 -STORY OFFICE BUILDING) (City Manager) 12. 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) (4) (b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO BE CALLED GIGGLE CITY PLAY CAFE IN THE SR (HD -OV) SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY REGULAR CITY COMMISSION 4 AGENDA - FEBRUARY 6, 2007 LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE); PROVIDING AN EFFECTIVE DATE. 4/5 (A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO BE CALLED GIGGLE CITY PLAY CAFE IN THE HOMETOWN DISTRICT LOCATED AT 5701 SUNSET DR) (City Manager) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST FROM HABITAT FOR HUMANITY OF GREATER MIAMI INC PURSUANT TO SECTION 20- 5.16(e) OF THE LAND DEVELOPMENT CODE TO ALLOW THE RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006 WHICH COMBINED INTO ONE BUILDING SITE THE FOLLOWING PARCELS, LOTS 77 & 78 LESS NORTH 5 FT. OF LOT 78 & LESS EXT . AREA OF CURVE IN NE CORNER, ( 6350 SW 60' AVENUE) AND THE EAST 1 /2 OF LOT 79, (6016 SW 63rd STREET) BLOCK 14, FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT PAGE 34, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO A REQUEST FROM HABITAT FOR HUMANITY TO ALLOW THE RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006 WHICH COMBINED PARCELS 77 & 78 INTO ONE BUILDING SITE AT 6350 SW 607H AV & 6016 SW 6312D ST) (City Manager) RESOLUTION (S) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ASKING MIAMI -DADE COUNTY TO CONSIDER INSTALLING TRAFFIC CALMING CIRCLE AT THE INTERSECTION OF SUNSET DRIVE (SW 72ND STREET) AND RED ROAD (SW 57TH AVENUE) IN LIEU OF THE EXISTING TRAFFIC SIGNAL AT THE INTERSECTION; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION ASKING MIAMI -DADE COUNTY TO CONSIDER INSTALLING TRAFFIC CALMING CL AT THE INTERSECTION OF SUNSET DR AND RED ROAD IN LIEU OF THE EXISTING TRAFFIC SIGNAL AT THE INTERSECTION) (Mayor Feliu) 15. 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 MIXED USE DEVELOPMENT PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR REGULAR CITY COMMISSION J AGENDA - FEBRUARY 6, 2007 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74' STREET; (2) ALLOW A BUILDING TO EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59' COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (Deferred 12119106; 01109107; 01/18/07) (A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT TO PERMIT SPECIAL EXCEPTIONS OF THE LDC: (1) TO ALLOW A TOTAL LOT COVERAGE OF 26,833 SO FT WHICH EXCEEDS THE MAX 60% LOT COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50a LOT COVERAGE ON SW 74" ST; (2) ALLOW A BUILDING TO EXCEED THE MAX PERMITTED BUILDING SO FOOTAGE OF 20,000 SO FT; (3) ALLOW A CURB CUT TO BE LOCATED ON SW 59th COT ALL FOR PROPERTY LOCATED AT 5966 - -70 SO DIXIE HWY) (City Manager) ORDINANCE (S) FIRST READING PUBLIC HEARINGS) (NONE) ORDINANCE (S) FIRST READING 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE; AMENDING SECTION 20 -4.7 OF THE CITY'S LAND DEVELOPMENT CODE IN ORDER TO CORRECT THE TITLE TO REFLECT "MINIMUM STANDARDS" FOR ALL CONSTRUCTION AND NOT JUST IDENTIFYING MINIMUM HOUSING STANDARDS; MODIFYING SUBSECTION (C) IN ORDER TO SPECIFICALLY REQUIRE ALL PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF -WAY; AND ELIMINATING SUBSECTION (J) ENTITLED "CERTIFICATE OF OCCUPANCY RELATING TO REHABILITATION AREAS AS NO SUCH CERTIFICATE IS USED IN THE CITY, AND AS REHABILITATION AREA IS NOT DEFINED; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO REGULAR CITY COMMISSION 6 AGENDA FEBRUARY 6, 2007 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5800 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; 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 Com"xSSION. " 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 - FEBRUARY 6, 2007