04-24-07 AgendaCITY COMMISSION AGENDA
City Commission Meeting
Meeting date: April 24, 2007
Next Regular Meeting date: May 1, 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.
a) Public Safety /Inventory of city -owned land update
b) Dr. Janet Launcelott - Sexual Assault Awareness Month 2007
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of April 3, 2007
2., City Manager's Report
REGULAR CITY COMMISSION 1
AGENDA - APRIL 24, 2007
South Miami
All-Ammica ft
2001
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: April 24, 2007
Next Regular Meeting date: May 1, 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.
a) Public Safety /Inventory of city -owned land update
b) Dr. Janet Launcelott - Sexual Assault Awareness Month 2007
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of April 3, 2007
2., City Manager's Report
REGULAR CITY COMMISSION 1
AGENDA - APRIL 24, 2007
3. City Attorney's Report
ORDINANCE (S) FIRST READING
(NONE)
PUBLIC REMARKS
CONSENT
4.. 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 T.Y. LIN /HJ ROSS (HJ ROSS) FOR
CITYWIDE DRAINAGE IMPROVEMENTS PHASE IV IN AN AMOUNT OF
$69,600.00 TO , BE CHARGED TO SOUTH FLORIDA WATER
MANAGEMENT DISTRICT (SFWMD) GRANT ACCOUNT NUMBER
106.1730.541.3110 AND FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106 - 1727 - 536 -3450;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO T. Y.
LIN /HJ ROSS FOR CITYWIDE DRAINAGE IMPROVEMENTS PH IV IN AN AMT OF $69,600.00
TO BE CHARGED TO THE SFWMD & FL DEPT OF ENVIRONMENTAL PROTECTION GRANT ACCTS
W /CURRENT BAL$304,000 & $800,000RESPECTIVELY)
(City Manager)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO RESTORATION OF EX-
FELONS' RIGHTS; SUPPORTING GOVERNOR CHARLIE CRIST'S
CAMPAIGN PROMISE TO FACILITATE VOTING RIGHT RESTORATION
WITHIN STATE; AND ACKNOWLEDGING THE GOVERNOR, AS A VOTING
MEMBER OF THE FLORIDA BOARD OF EXECUTIVE CLEMENCY WHO
VOTED ON A PLAN TO ALLOW MOST FELONS TO AUTOMATICALLY
RESTORE THEIR VOTING RIGHTS UPON COMPLETION OF THEIR
SENTENCES; PROVIDING AN EFFECTIVE DATE. 3/5.
(A RESOLUTION SUPPORTING GOVERNOR CHARLIE CRIST'S CAMPAIGN PROMISE TO
FACILITATE VOTING RIGHT RESTORATION WITHIN STATE)
(Commissioner Palmer)
ORDINANCE (S) SECOND READING PUBLIC NEARING (S)
6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING SECTION 8A
OF THE CITY'S CODE OF ORDINANCES ENTITLED "CODE OF
ETHICS" TO INCLUDE A NEW SECTION 8A -2, WHICH SECTION
REGULAR CITY COMMISSION 2
AGENDA - APRIL 24, 2007
SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL PUBLIC
OFFICIALS "; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Deferred 03120107 & 4103107)
(Mayor Feliu and. Commissioner Beckman)
7. 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)
S. 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)
9. 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
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)
RESOLUTION (S) /PUBLIC HEARING (S)
10. 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 TO ALLOW A ROOM .ADDITION TO A SINGLE FAMILY HOME IN
THE REAR SETBACK AREA RESULTING IN A VARIANCE REQUEST TO
PERMIT AN EIGHT FOOT REAR SETBACK WHERE A MINIMUM 25
FOOT REAR SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN
AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED
REGULAR CITY COMMISSION 3
AGENDA - APRIL 24, 2007
AT 5841 SW 63 AVENUE, SOUTH MIAMI, FLORIDA; AND
PROVIDING FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR A VARIANCE REQUEST TO PERMIT AN 8 FT REAR SETBACK WHERE A
MINIMUM 25 FT REAR SETBACK IS REQUIRED: PROPERTY LOCATED AT 5841 SW 63 AVE)
(Commissioner Palmer)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION
20 -5.8 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE A BOWLING ALLEY/ RESTAURANT/
ENTERTAINMENT CENTER 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 SPECIAL USE APPROVAL TO LOCATE A BOWLING ALLEY/
RESTAURANT/ ENTERTAINMENT CENTER TO BE CALLED SPLITSVILLE LOCATED AT 5701
SUNSET DR)
(City Manager)
RESOLUTION (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC NEARING S)
(NONE)
ORDINANCE (S) FIRST READING
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20-
4.4(A)(2) ENTITLED "OFF--STREET PARKING REQUIREMENTS" OF
THE SOUTH MIAMI :LAND :DEVELOPMENT CODE IN ORDER TO
ELIMINATE THE PROVISIONS ALLOWING FOR THE ADMINISTRATIVE
CREDITING OF ON- STREET PARKING SPACES AS REQUIRED
PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Commissioner Beckman)
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI', FLORIDA, AMENDING SECTION 20- 8.8(D)
ENTITLED "GARAGES IN MU -5 " OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE IN ORDER TO CLARIFY PROVISIONS RELATED
TO THE LOCATION OF PARKING GARAGES IN DEVELOPMENT
REGULAR CITY COMMISSION 4
AGENDA - APRIL 24, 2007
PROJECTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
(Commissioner Beckman)
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; AMENDING REGULATIONS PERTAINING TO
BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED
DEVELOPMENT DISTRICT AND IN THE HOMETOWN OVERLAY ZONE IN
ORDER TO REQUIRE APPROVAL BY A FOUR /FIFTHS VOTE OF THE
CITY COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT
ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR
A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO
EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE,
PARKING BOARD, AND THE PLANNING BOARD PERTAINING TO THE
REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE
NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR
SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND
EFFECT DURING THIS TIME PERIOD; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Commissioner Beckman)
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
CHAPTER 14 ENTITLED "EMERGENCY MANAGEMENT;" CREATING
SECTION 14 -5.1 ENTITLED WATER CONSERVATION AND EMERGENCY
WATER RESTRICTION ENFORCEMENT; PROVIDING FOR CODE
ENFORCEMENT AND POLICE ENFORCEMENT OF EMERGENCY WATER
RESTRICTION DECLARATIONS ISSUED BY THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT; PROVIDING FOR POLICE
ENFORCEMENT VIA CRIMINAL PROCESS OF STATE LAW; AND
DIVISION OF CODE COMPLIANCE ENFORCEMENT THROUGH THE
CITY'S CIVIL CITATION SYSTEM UNDER SECTION 2 -21, OF THE
CITY'S CODE OF ORDINANCES; PROVIDING FOR FINES AND
APPEAL PROCESS; PROVIDING FOR ORDINANCES IN CONFLICT,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 3/5
(City Manager)
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE OF
ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;
AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION rJ
AGENDA - APRIL 24, 2007
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 COMKISSION SHALL BE FORTHWITH BARRED FROM FURTHER
AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS
PERMISSION TO CONTINUE BE GELWTED 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 6
AGENDA - APRIL 24, 2007