05-01-07 Agenday
South Miami
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All- AmericaCiiy
2001
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: May 1, 2007
Next Regular Meeting date: May 15, 2007
6130 Sunset Drive, South Miami, FIB; 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) Commuter Challenge Proclamation -
Miami -Dade Outreach Consultant, Nelly Rumayor
b) Parking Board
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
(NONE)
REGULAR CITY COMMISSION 1
AGENDA — MAY 1, 2007
2. City Manager's Report
a) Channel 77 Program Schedule
b) 80th Anniversary Budget & Events Planning Update
c) Traffic Concerns Meeting with Miami -Dade County Public Works
3. City Attorney's Report
UNFINISHED BUSINESS
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
4. 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 Fe:liu)
5. 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)
ORDINANCE (S) FIRST READING
6. 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)
REGULAR CITY COMMISSION 2
AGENDA - MAX 1, 2007
7. 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
PROJECTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
(Commissioner Beckman)
8. 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 PI,ANNI:NG 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)
9. 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)
10. 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
REGULAR CITY COMMISSION 3
AGENDA - MAY 1, 2007
ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;
AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Feliu)
(END OF UNFINISHED BUSINESS)
PUBLIC REMARKS
CONSENT
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION
CONSULTING FEES; APPROVING ATTORNEYS' FEES FOR SUGARMAN
AND SUSSKIND, P.A. IN THE AMOUNT OF $5400 TO BE CHARGED
TO ACCOUNT NUMBER 01- 1500 -514 -3440 (LABOR); PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR SUGARMAN AND SUSSKIND IN THE
AMT OF $5400 TO BE CHARGED TO THE LABOR ACCT W /CURRENT BAL$28,000)
(City Manager)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LABOR
CONSULTING FEES; APPROVING ATTORNEYS' FEES FOR AKERMAN
AND SENTERFITT, P.A. IN THE AMOUNT OF $5262.14 TO BE
CHARGED TO ACCOUNT NUMBER 01- 1500 -514 -3440; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS" FEES FOR AKERMAN AND SENTERFITT IN THE
AMT OF $5262 TO BE CHARGED TO THE LABOR ACCT W /CURRENT BAL$28,000)
(City Manager)
13. 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 $5,435.25; CHARGING
$5,435.25 TO ACCOUNT NO. 001 -1500- 514 -3410, LEGAL
SERVICES, NON - RETAINER; AND FOR $11,013.23 TO ACCOUNT
NO.: 001 -1500- 514 -3454 LITIGATION RESERVE, PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $5,435;
CHARGING THE NON- RETAINER AND THE LITIGATION RESERVE ACCTS W /CURRENT
BALS$14,074 & $34,469 RESPECTIVELY)
(City Attorney)
REGULAR CITY COMMISSION 4
AGENDA - MAY 1, 2007
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE AN OPEN P.O. FOR $60,000 TO J.E.M.
INSPECTION & ENGINEERING SERVICES, INC. FROM ACCOUNT
NO.1610- 524 -3450 FOR BUILDING AND ROOFING INSPECTIONS,
AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE AN OPEN PO FOR $60,000
TO J.E.M. INSPECTION & ENGINEERING SERVICES FOR BUILDING AND ROOFING
INSPECTIONS FROM THE CONTRACTUAL SERVICES ACCT W /CURRENT BAL$60,000)
(City Manager)
15. 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 AA ENGINEERING
SERVICES, INC. FOR BROAD CANAL DEBRIS REMOVAL AND
SHORELINE STABILIZATION IN AN AMOUNT OF $30,000.00 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 ISSUE A WORK ORDER TO AA
ENGINEERING SERVICES FOR BROAD CANAL DEBRIS REMOVAL AND SHORELINE
STABILIZATION IN AN AMT OF $30,000 TO BE CHARGED TO THE GRANT ACCTS
W /CURRENT BAL$339,767 & 626,000 RESPECTIVELY)
(City Manager)
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING CAROL SEGAL TO SERVE ON THE
COMMISSION FOR SENIOR CITIZENS FOR A TWO -YEAR TERM
ENDING APRIL 30, 2009; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION APPOINTING CAROL SEGAL TO SERVE ON THE COMMISSION FOR SR
CITIZENS FOR A 2 -YR TERM ENDING 4130109)
(Mayor Fel.iu) 3/5
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING LEANN PERKINS TO SERVE ON THE
COMMISSION FOR SENIOR CITIZENS FOR A TWO -YEAR TERM
ENDING APRIL 30, 2009; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION APPOINTING LEANN PERKINS TO SERVE ON THE COMMISSION FOR SR
CITIZENS FOR A 2 -YR TERM ENDING 4130109)
(Mayor Fel.iu) 3/5
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING PATRICIA BERMAN TO SERVE ON THE
COMMISSION FOR SENIOR CITIZENS FOR A TWO -YEAR TERM
ENDING APRIL 30, 2009; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTIO APPOINTING PATRICIA BERMANL TO SERVE ON THE COMMISSION FOR SR
CITIZENS FOR A 2 -YR TERM ENDING 4130109) 3/5
(Mayor Feliu)
REGULAR CITX COMMISSION 5
AGENDA - MAY 1, 2007
19. A RESOLUTION OF THE
MAYOR
AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI,
FLORIDA,, REQUESTING EXEMPTION
FROM
THE MIAMI -DADE COUNTY
PROPOSED ORDINANCE RELATING TO
THE
SAFETY OF CRANES AND
HEAVY
CONSTRUCTION EQUIPMENT;
AND
PROVIDING AN EFFECTIVE
DATE.
3/5
(A RESOLUTION REQUESTING EXEMPTION
FROM THE MIAMI -DADE COUNTY PROPOSED
ORDINANCE RELATING TO THE
SAFETY
OF CRANES AND HEAVY CONSTRUCTION
EQUIPMENT)
(Mayor
Feliu)
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, EXPRESSING SUPPORT OF THE
HAITIAN IMMIGRANTS BASED ON THE "WET- FOOT /DRY - FOOT"
POLICY AND URGING PRESIDENT GEORGE W. BUSH AND THE
UNITED STATES CONGRESS TO RESCIND THE DISCRIMINATORY
IMMIGRATION POLICIES AGAINST HAITIAN IMMIGRANTS AND
CALLING FOR THE EQUAL TREATMENT OF ALL IMMIGRANTS; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION URGING PRESIDENT BUSH AND THE UNITED STATES CONGRESS TO
RESCIND THE DISCRIMINATORY IMMIGRATION POLICIES AGAINST HAITIAN IMMIGRANTS
AND CALLING FOR THE EQUAL TREATMENT OF ALL IMMIGRANTS)
(Mayor Feliu)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(CONT'D)
21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES;
AUTHORIZING THE EXECUTION OF A NONEXCLUSIVE FRANCHISE
AGREEMENT WITH WASTE SERVICES OF FLORIDA, INC. (WSI) FOR
AN INITIAL ONE YEAR PERIOD, RENEWABLE FOR SUCCESSIVE ONE
YEAR PERIODS, UPON APPLICATION OF THE FRANCHISEE, AND
APPROVAL OF THE APPLICATION BY THE CITY COMMISSION.
PUBLIC HEARING; PROVIDING FOR A $5,000 ANNUAL FEE TO THE
CITY; AND A 20% PAYMENT OF THE FRANCHISEES' GROSS
RECEIPTS TO THE CITY; PROVIDING FOR STANDARDS OF
INSURANCE; PROTOCOL FOR PROVIDING SERVICES; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. (Approved on first reading 4103107) 4/5
(City Manager)
RESOLUTION (S)APUBLIC HEARING (S)
(NONE)
REGULAR CIT!iY COMMISSION 6
AGENDA - MAY 1, 2007
RESOLUTION (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
ORDINANCE (S) FIRST READING
22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE AD VALOREM
TAXATION; AMENDING CHAPTER 18 RELATING TO TAXATION TO
AMEND THE SENIOR CITIZEN EXEMPTION, AD VALOREM TAX BREAK
TO PROVIDE QUALIFIED INDIVIDUALS OVER THE AGE OF 65,
WITH AN ANNUAL INCOME UNDER $20,000 AND HOMESTEAD
RESIDENCE WITHIN THE CITY LIMITS WITH A $50,000. AD
VALOREM TAX BREAK (PRIOR EXEMPTION WAS FOR $25,000) ;
PROVIDING FOR SEVERALBILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
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 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 - MAY 1, 2007