03-20-07 AgendaSouth Miami
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2001
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: March 20, 2007
Next Regular Meeting date: April :3, 2007
6130 Sunset Drive, South Miami, FL; Phone: (305) 663-6340; Time: 7:30 PM
INMEEMONIN/m//1-1
City of South Miami Ordinance No. 10-00-1712 requires all lobbyists before
gaging 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) American Cancer Society
2) Commission for Women
3) Review of Infrastructure Initiative - Assessment of the Town
Center Plans
ITEMS (8) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes of March 6, 2007
REGULAR CITY COMMISSION
AGENDA - March 20, 2007
2. City Manager's Report
3. City Attorney's Report
UNFINISHED BUSINESS
(NONE)
PUBLIC REMARKS
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA RELATING TO A SMCRA BUDGET
AMENDMENT; AUTHORIZING A SMCRA BUDGET TRANSFER IN THE
AMOUNT OF $25,000 FROM ACCOUNT NUMBER 610 - 1110 - 551 -20 -20
(PROFESSIONAL SERVICES /ECONOMIC DEVELOPMENT), TO ACCOUNT
NUMBER 610 - 1110 - 572 -99 -30 (OTHER USES /PARK IMPROVEMENTS)
WHICH FUNDING SHALL BE UTILIZED AS A SMCRA FUNDING
CONTRIBUTION FOR THE INSTALLATION OF SAFETY LIGHTING AT
THE SOUTH MIAMI MURRAY PARK COMPLEX; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING A SNCRA BUDGET TRANSFER IN THE AMT OF $25,000 FROM
THE "PROFESSIONAL SERVICES /ECONOMIC DEVELOPMENT" ACCT TO THE "OTHER
USES /PARK IMPROVEMENTS" ACCT WHICH FUNDING SHALL BE UTILIZED AS A SMCRA
CONTRIBUTION TOWARDS THE TOTAL INSTALLATION COSTS FOR SAFETY LIGHTING AT THE
CSM MURRAY PARK COMPLEX)
(City Manager)
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT,
IF AWARDED, MONEY THRU THE FLORIDA DEPARTMENT OF LAW
ENFORCEMENT FROM THE UNITED STATES DEPARTMENT OF JUSTICE,
EDWARD BYRNE MEMORIAL ASSISTANCE GRANT PROGRAM (JAG) FROM
MARCH 1, 2007 THRU AUGUST 31, 2007; IN THE AMOUNT OF
$5,565.00 FOR THE PURPOSE OF ENHANCING THE CRIME
SUPPRESSION ACTIVITIES FOR THE POLICE DEPARTMENT;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT MONEY THRU THE FL DEPT
OF LAW ENFORCEMENT FROM THE US DEPT OF JUSTICE, EDWARD BYRNE MEMORIAL
ASSISTANCE GRANT PGM (JAG) FROM 3/01/07 THRU 10/31/07 IN THE AMT OF
$5,565.00 FOR THE PURPOSE OF ENHANCING THE CRIME SUPPRESSION ACTIVITIES FOR
THE POLICE DEPT)
(City Manager)
REGULAR CITY COMMISSION 2
AGENDA - March 20, 2007
6. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A TWO (2) YEAR VEHICLE RENTAL
AGREEMENT WITH ENTERPRISE RENT -A -CAR FOR RENTAL VEHICLES
USED IN UNDERCOVER POLICE OPERATIONS BY THE POLICE
DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO DISBURSE
UP TO $30,000.00 PER YEAR OVER A TWO YEAR PERIOD FROM THE
POLICE FEDERAL FORFEITURE RENTAL /LEASE POLICE VEHICLES
ACCOUNT #615- 1910 - 521 -4450; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A 2 -YR VEHICLE
RENTAL AGREEMENT WITH ENTERPRISE RENT -A -CAR FOR RENTAL VEHICLES USED IN
UNDERCOVER POLICE OPERATIONS BY THE PD AND AUTHORIZING THE CITY MANAGER TO
DISBURSE UP TO $30,000.00 1YR OVER A 2 -YR PERIOD FROM THE POLICE FEDERAL
FORFEITURE RENTAL /LEASE POLICE VEHICLES ACCT W /CURRENT BAL$O)
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE FIVE -YEAR
(2006/07 TO 2010/11) CAPITAL IMPROVEMENTS PLAN; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION ADOPTING THE 5 -YEAR 2006107 TO 2010111 CIP)
(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 $14,031.83; CHARGING $14,031.83 TO
ACCOUNT NO. 001 - 1500 - 514 -3410, LEGAL SERVICES, NON -
RETAINER; PROVIDING AN EFFECTIVE DATE,. 3/5
(A RESOLUTION APPROVING ATTY'S FEES FOR NGF IN THE AMT OF $14,031.83;
CHARGING THE LEGAL SERVICES NON- RETAINER ACCT W /CURRENT BAL$28,831.78)
(City Attorney)
RESOLUTION (S)
(NONE)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
9. 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;
REGULAR CITY COMMISSION 3
AGENDA - March 20, 2007
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. (Deferred 03106107) 3/5
(City Manager)
10. 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)
11. 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 / RESTAURANT/ ENTERTAINMENT
CENTER 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. 4/5
(City Manager)
RESOLUTION (SYPUBLIC HEARING (S)
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
SPLITSVILLE IN THE "SR (HD -OV)" SPECIALTY RETAIL HOMETOWN
DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY 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
SPLITSVILLE LOCATED AT 5701 SUNSET DRIVE)
(City Manager)
13. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
VARIANCES 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
REGULAR CITY COMMISSION 4
AGENDA - March 20, 2007
INCHES WHERE A MINIMUM OF 25 FEET IS REQUIRED; PROVIDING
FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR VARIANCES FROM THE LDC TO ALLOW THE CONSTRUCTION OF A ONE
STORY SINGLE FAMILY HOME ON PROPERTY LOCATED AT 6016 SW 63 ST THE VARIANCE
REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FEET 10 INCHES WHERE A MINIMUM
OF 25 FEET IS REQUIRED)
(City Manager)
14. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR TWO
VARIANCES 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 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 THE STREET SIDE YARD SETBACK TO BE 13 FEET 9
INCHES WHERE 15 FEET IS REQUIRED; PROVIDING FOR AN
EFFECTIVE DATE. 4/5
(A RESOLUTION FOR TWO VARIANCES FROM THE LDC TO ALLOW THE CONSTRUCTION OF A
ONE STORY SINGLE FAMILY HOME ON PROPERTY LOCATED AT 6350 SW 60 AVE; THE
VARIANCES REQUESTED ARE: (1) TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE
4796 SQ FT WHERE A MIN LOT SIZE OF 6000 SQ FT IS REQUIRED; AND 47' OF
FRONTAGE WHERE 60 FT IS REQUIRED; (2) TO PERMIT THE STREET SIDE YARD SETBACK
TO BE 13' 9" WHERE 15' IS REQUIRED)
(City Manager)
15.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A
CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-
5.19(E)(3) OF THE LAND DEVELOPMENT CODE TO PERMIT THE
INSTALLATION OF A SIGN ON A COMMERCIAL BUILDING LOCATED
AT 5904 S. DIXIE HIGHWAY A DESIGNATED HISTORIC SITE
(AMSTER PROPERTIES); PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION TO PERMIT THE INSTALLATION OF A SIGN ON A COMMERCIAL BUILDING
LOCATED AT 5904 S. DIXIE HIGHWAY A DESIGNATED HISTORIC SITE)
(City Manager)
16.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A
CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-
5.19(E)(3) OF THE LAND DEVELOPMENT CODE TO PERMIT THE
INSTALLATION OF A DOOR AT THE REAR OF THE PROPERTY IN A
SINGLE FAMILY RESIDENCE LOCATED AT 6251 SW 57 STREET
WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT; PROVIDING
AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 5
AGENDA - March 20, 2007
(A RESOLUTION TO PERMIT THE INSTALLATION OF A DOOR AT THE REAR OF THE
PROPERTY LOCATED AT 6251 SW 57 ST WITHIN THE CAMBRIDGE LAWNS HISTORIC
DISTRICT)
(City Manager)
17.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A
CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-
5.19(E)(3) OF THE LAND DEVELOPMENT CODE TO PERMIT THE
INSTALLATION OF A DRIVEWAY CAR CANOPY IN A SINGLE FAMILY
RESIDENCE LOCATED AT 6142 SW 56' STREET WITHIN THE
CAMBRIDGE LAWNS HISTORIC DISTRICT; PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION TO PERMIT THE INSTALLATION OF A DRIVEWAY CAR CANOPY IN A
SINGLE FAMILY RESIDENCE LOCATED AT 6142 SW 56" ST WITHIN THE CAMBRIDGE LAWNS
HISTORIC DISTRICT)
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC NEARING S)
(NONE)
ORDINANCE (S) FIRST READING
18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -4 OF THE
SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO CREATE
SECTION 20 -4.12 ENTITLED "REGULATIONS PERMITTING DOGS IN
OUTDOOR SEATING AREAS OF PUBLIC FOOD SERVICE
ESTABLISHMENTS "; PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.3
SIGN REGULATIONS OF THE SOUTH MIAMI LAND DEVELOPMENT CODE
IN ORDER TO REGULATE THE PLACEMENT OF BANNER SIGNS OVER
PUBLIC STREETS; PROVIDING FOR APPLICATION REQUIREMENTS,
DISPLAY LIMITATIONS, APPLICATION FEES AND AN APPROVAL
PROCESS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -7.6
ENTITLED "PARKING" OF THE SOUTH MIAMI LAND DEVELOPMENT
REGULAR CITY COMMISSION 6
AGENDA - March 20, 2007
CODE IN ORDER TO REPLACE PROVISIONS RELATING TO THE
HOMETOWN DISTRICT PARKING COMMITTEE AND SUBSTITUTING
REFERENCES TO THE NEWLY CREATED PARKING BOARD; PROVIDING
FOR. SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE. 3/5
(City Manager)
THE CITY HAS A SIGNIFICANT GOVERMlENTAL 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 - March 20, 2007