03-06-07 AgendaMAYOR: Horace G. Feliu CITY MANAGER: Yvonne S. McKinley
VICE MAYOR: Randy G. Wiscombe CITY ATTORNEY: Luis Figueredo
COMMISSIONER: Velma Palmer CITY CLERK: Maria M. Menendez
COMMISSIONER: Marie Birts
COMMISSIONER: Jay Beckman
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: March 6, 2007 Time: 7:30 PM
Next McMansion Workshop March 15, 2007 Time: 6:00 PM
Next Regular Meeting date: March 20, 2007 Time: 7:30 PM
6130 Sunset Drive, South Miami, FL,; Phone: (305) 663 -6340
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.
• South Miami Children's Clinic
• The Trust for Public Land
0 Land Development Code - New Format
• Budget & Finance Committee Report
REGULAR CITY COMMISSION 1
AGENDA - March 6, 2007
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes of February 20, 2007
2. City Manager's Report
a) Status on Habitat for Humanity Homes
SW 63 Street)
b) Discuss on Specific Scope /Categories
Forensic Audit.
3. City Attorney's Report
(6350 SW 60 Avenue & 6016
for the Requested
UNFINISHED BUSINESS
(From meeting of 2120107)
ORDINANCE (S) FIRST READING
4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATING
SECTION 8A OF THE CITY'S CODE OF ORDINANCES ENTITLED
"CODE OF ETHICS" TO INCLUDE SECTION 8A -2, WHICH SECTION
SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL PUBLIC
OFFICIALS "; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Mayor Feliu and Commissioner Beckman)
(END OF UNFINISHED BUSINESS)
PUBLIC REMARKS
CONSENT
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE CITYWIDE STORMWATER DRAINAGE SYSTEM
IMPROVEMENTS PHASE III GRANT AGREEMENT WITH SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) IN AN AMOUNT
OF $525,000.00; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CITYWIDE STORMWATER
DRAINAGE SYSTEM IMPROVEMENTS GRANT AGREEMENT WITH SO FLA WATER MANAGEMENT
DISTRICT IN AN AMT OF $525,000.00)
(City Manager)
REGULAR CITY COMMISSION 2
AGENDA - March 6, 2007
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE.
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH AA ENGINEERING
SERVICES, INC. FOR BROAD CANAL SHORELINE STABILIZATION
IN AN AMOUNT OF $348,000.00 TO BE CHARGED TO GRANT
ACCOUNT NUMBERS 106 - 1713 -536 -3450 AND 106- 1727 -536-
6550 ; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH AA
ENGINEERING SERVICES FOR BROAD CANAL SHORELINE STABILIZATION IN AN AMT OF
$348,000.00 TO BE CHARGED TO THE GRANT ACCTS W /CURRENT BALS$713,767 &
$800,000 RESPECTIVELY)
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A SERVICE WORK ORDER WITH T.J.
PAVEMENT FOR TRAFFIC CALMING IMPROVEMENTS AT THE
INTERSECTION OF SW 58TH TERRACE & SW 64TH AVENUE IN AN
AMOUNT OF $58,658.00 TO BE CHARGED TO ACCOUNT NUMBERS
124- 1730 - 541 -3450, 124 -1730- 541 -4640 AND 112- 1730 -541-
3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE WORK ORDER
WITH T.J. PAVEMENT FOR TRAFFIC CALMING IMPROVEMENTS AT THE INTERSECTION OF
SW '58TH TER & SW 64' AVE IN AN AMT OF $58,658.00 TO BE CHARGED TO THE PW'S
ACCTS W /CURRENT BALS$201,800; $9,485 & $70,000 RESPECTIVELY)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE $1,554.00 FROM THE POLICE
DEPARTMENT'S STATE FORFEITURE FUND; TRAVEL, PER DIEM &
CONFERENCE; ACCOUNT #608--1910 -521 -4470; FOR SPECIALIZED
POLICE MOTORCYCLE INSTRUCTOR TRAINING WITH THE
INSTITUTE OF POLICE TECHNOLOGY & MANAGEMENT; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $1,554.00 FOR
SPECIALIZED POLICE MOTORCYCLE INSTRUCTOR TRAINING WITH THE INSTITUTE OF
POLICE TECHNOLOGY & MANAGEMENT FROM THE POLICE DEPT'S STATE FORFEITURE
FUND; TRAVEL, PER DIEM & CONFERENCE ACCT W /CURRENT BAL$1,554.00)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE $3,:360.58 FROM THE POLICE
DEPARTMENT'S STATE FORFEITURE FUND; OVERTIME ACCOUNT;
#608- 1910 - 521 -1410; FOR THE REIMBURSEMENT OF THE POLICE
DEPARTMENT'S GENERAL, FUND OVERTIME ACCOUNT FOR A
NARCOTIC'S INVESTIGATION; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A 'RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $3,360.58 FROM THE
POLICE DEPT'S STATE FORFEITURE FUND OVERTIME ACCT FOR THE REIMBURSEMENT OF
REGULAR CITY COMMISSION 3
AGENDA - March 6, 2007
THE POLICE DEPT'S GENERAL FUND OVERTIME ACCT FOR A NARCOTIC'S
INVESTIGATION W /CURRENT BAL$3,360.58)
(City Manager)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $7,698.77 FOR
INSTALLATION AND TRAINING OF THE HTE MODULE, AND
CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 -1340-
513- 4634 MAINTENANCE - INTERNET SERVICES; PROVIDING FOR
AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $7,698.77 FOR
INSTALLATION AND TRAINING OF THE HTE MODULE, AND CHARGING THE DISBURSEMENT
TO THE MAINTENANCE- INTERNET SERVICES ACCT W /CURRENT BAL$48,986.78)
(City :Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE
OF EMERGENCY EQUIPMENT FOR THE SIX NEW 2007 POLICE
VEHICLES IN THE AMOUNT NOT TO EXCEED $18,250.00 FROM
DSS, INC. USING FUNDS ALREADY APPROVED AND ALLOCATED IN
THE 2006 -2007 BUDGET, FROM ACCOUNT NUMBER 1910- 521 -6430
OPERATING EQUIPMENT;PROVIDING FOR AN EFFECTIVE DATE.3 /5
(A RESOLUTION AUTHORIZING THE .PURCHASE OF EMERGENCY EQUIPMENT FOR THE SIX
NEW 2007 POLICE VEHICLES IN THE AMT NOT TO EXCEED $18,250.00 FROM DSS,
USING FUNDS ALREADY APPROVED AND ALLOCATED IN THE 06 -07 BUDGET, FROM THE
OPERATING EQUIP ACCT W /CURRENT BAL$49,960.05)
(City Manager)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING MARIC:E CHAEL TO SERVE ON THE
PLANNING BOARD FOR AN UNEXPIRED TERM ENDING JULY 17,
2008; AND PROVIDING AN EF'F'ECTIVE DATE. 3/5
(A RESOLUTION APPOINTING MALICE CHAEL TO SERVE ON THE PLANNING BOARD FOR
AN UNEXPIRED TERM ENDING JULY 17, 2008)
(Mayom: Feliu)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING. PAM LAHIFF TO SERVE ON THE
HISTORIC PRESERVATION BOARD FOR AN UNEXPIRED TERM
ENDING JULY 17, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION APPOINTING PAM LAHIFF TO SERVE ON THE HISTORIC PRESERVATION
BOARD FOR AN UNEXPIRED TERM ENDING JULY 17, 2008) 3/5
(Mayor. Feliu)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING SHARON KENDRICK- JOHNSON TO SERVE
REGULAR CITY COMMISSION 4
AGENDA - March 6, 2007
ON THE COMMISSION FOR WOMEN FOR A TWO -YEAR TERM ENDING
MARCH 5, 2009; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING SHARON KENDRICK- JOHNSON TO SERVE ON THE
COMMISSION FOR WOMEN FOR A 2 -YR TERM ENDING MARCH 5, 2009)
(Mayor Feliu)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
COMMISSION MEETINGS; RESCHEDULING THE APRIL 17, 2007
CITY COMMISSION MEETING TO APRIL 24, 2007; PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION RESCHEDULING THE APRIL 17, 2007 CITY COMMISSION MEETING TO
APRIL 24, 2007)
(Mayor Feliu)
RESOLUTION (S)
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A SERVICE WORK ORDER WITH BENSON
ELECTRIC, INC. FOR EMERGENCY FIELD LIGHTS REPAIRS AT
THE GIBSON - BETHEL COMMUNITY CENTER IN AN AMOUNT OF
$55,440.00 PLUS 10% CONTINGENCY ($5,544.00) TO BE
CHARGED TO THE CASH RESERVE ACCOUNT (UNDESIGNATED FUND
BALANCE); PROVIDING FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE WORK ORDER
WITH BENSON ELECTRIC FOR EMERGENCY FIELD LIGHTS REPAIRS AT THE GIBSON-
BETHEL COMMUNITY CENTER IN AN AMT OF $55,440.00 PLUS 10 CONTINGENCY TO BE
CHARGED TO THE CASH RESERVE ACCOUNT)
(City Manager)
17. 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
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
REGULAR CITY COMMISSION 5
AGENDA - March 6, 2007
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5
(Deferred 12119106; 01109107; 01/18/07; 021061071 02120107)
(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 SQ FT WHICH EXCEEDS THE MAX 60% LOT COVERAGE ON SOUTH DIXIE
HIGHWAY AND THE MAXIMUM 50% LOT COVERAGE ON SW 74" ST; (2) ALLOW A
BUILDING TO EXCEED THE MAX PERMITTED .BUILDING SQ FOOTAGE OF 20,000 SQ FT;
(3) ALLOW A CURB CUT TO BE LOCATED ON SW 59" COT ALL FOR PROPERTY LOCATED
AT 5966 -70 SO DIXIE HWY)
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
18. 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 ELIMINATI19G 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)
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
A REQUEST TO
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)
RESOLUTION (S) /PUBLIC HEARING (S)
(NONE)
REGULAR CITY COMMISSION 6
AGENDA - March 6. 2007
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
ORDINANCE (S) FIRST READING
(CONT'D)
20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PERMITTED
USE SCHEDULE BY AMENDING SECTION 20 -3. 3 (D) AND SECTION
20 -7.12 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN
ORDER TO ALLOW A BOWLING ALLEY AS A PERMITTED USE IN
THE SR(HD -OV) SPECIALITY RETAIL (HOMETOWN DISTRICT
OVERLAY) ZONE DISTRICT; PROVIDING FOR SEVERABILITY,
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 COMtIISSION 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 - March 6, 2007