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