08-07-07 Agenda-
South Miami
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MAYOR: ' 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
COMMMISSIONER: Marie Birts
COMMISSIONER: Jay Beckman
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: August 7, 2007
Next Regular Meeting date: August 21, 2007
6130 Sunset Drive, South Miami, FL; Phone: (305) 663- 6340; Time: 7:30 PM
City of South Miami Ordinance No. 08 -06 -1876 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 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.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Lobbyists addressing the City Commission tonight must have
been registered with the City Clerk as indicated above:
E. Presentation(s) 7:00 p.m.
(NONE)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes of July 24, 2007
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AGENDA - AUGUST 7, 2007
2. City Manager's Report
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 A GRANT AMENDMENT WITH THE FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM ADMINISTERED
BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FOR ACQUISITION OF THE DISON PROPERTY; ROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AMENDMENT
WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ADMINISTERED BY
THE FLA DEPT OF ENVIRONMENTAL PROTECTION FOR ACQUISITION OF THE DISON
PROPERTY)
(City ;Manager)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
COMMITTEES; APPOINTING ANTHONY L. TOLGYCSI TO SERVE ON
THE PARK AND RECREATION BOARD FOR A ONE -YEAR
TERM
ENDING AUGUST 6, 2008; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION APPOINTING ANTHONY TOLGYCSI TO SERVE ON THE PARK /REC BD FOR
A 1 -YR TERM ENDING 8106108)
3/5
(Mayor Feliu)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
COMMITTEES; APPOINTING PATRICK FLOOD TO SERVE ON
THE
PARK AND RECREATION BOARD FOR A ONE -YEAR TERM ENDING
AUGUST 6, 2008; AND PROVIDING AN EFFECTIVE DATE.
3/5
(A RESOLUTION APPOINTING PATRICK FLOOD TO SERVE ON THE PARK /REC BD
FOR A
1 -YR TERM ENDING 8106108)
(Mayor Feliu)
7. 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 $11,082.76; CHARGING
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AGENDA - AUGUST 7, 2007
$11,082.76 TO ACCOUNT NO. 001 -1500- 514 -3410, LEGAL
SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5
(A RESOLUTION APPROVING ATTORNEYS' .FEES FOR NGF IN THE AMT OF $11,082.76
FROM THE LEGAL SERVICES NON - RETAINER ACCT W /CURRENT BAL$34,561.51)
(City Attorney)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RENEW THE CONTRACT WITH AVMED HEALTHCARE TO
PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH MIAMI
FULL TIME EMPLOYEES; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH
AVMED HEALTHCARE TO PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH MIAMI
FULL TIME EMPLOYEES)
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20- 6.1(D)
OF THE LAND DEVELOPMENT CODE IN ORDER TO INCREASE THE
NUMBER OF HISTORIC PRESERVATION BOARD MEMBERS FROM
SEVEN TO NINE AND TO DESIGNATE THAT TWO MEMBERS OF THE
HISTORIC PRESERVATION BOARD SHALL BE REGISTERED
ARCHITECTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -5.6 OF
THE LAND DEVELOPMENT CODE IN ORDER TO PROVIDE A
PROCEDURE FOR THE DEFERRAL OF AN APPLICATION SCHEDULED
FOR PUBLIC HEARING; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ALARM
SYSTEMS; AMENDING SECTION 15 -4.7 ENTITLED "FALSE ALARM
SERVICE CHARGES, ENFORCEMENT AND REVOCATION PROVISIONS"
BY EXEMPTING SENIOR CITIZENS FROM FALSE ALARM CHARGES;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
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AGENDA - AUGUST 7, 2007
ORDINANCE (S) THIRD READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
12. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
ADOPTING THE EVAULATION AND APPRAISAL REPORT (EAR)
BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE
PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND
POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS:
FUTURE LAND USE; TRANSPORTATION; HOUSING;
INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN
SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL
IMPROVEMENTS; AUTHORIZING TRANSMITTAL TO FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE. 3/5
(City Manager)
RESOLUTION (S) PUBLIC HEARING (S)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO A PETITION
OF AN ABUTTING PROPERTY OWNER APPROVING THE VACATION
AND ABANDONMENT OF 187 FEET OF UNIMPROVED RIGHT -OF -WAY
PORTION OF SW 68TH AVENUE LOCATED ON THE WEST SIDE OF
6780 SW 69TH TERRACE MORE FULLY DESCRIBED IN A LEGAL
DESCRIPTION SET FORTH HEREIN; SUBJECT TO PROPERTY OWNER
PROVIDING FOR THE RECORDING OF ALL LEGAL DOCUMENTS
NECESSARY FOR THE ABANDONMENT: PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION IN RESPONSE TO A PETITION OF AN .ABUTTING PROPERTY OWNER
APPROVING THE VACATION AND ABANDONMENT OE' 187 FEET OF UNIMPROVED RIGHT-OF-
WAY PORTION OF SW 68TH AVE LOCATED ON THE WEST SIDE OF 6780 SW 69TH TER)
(City Manager)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO A WAIVER OF
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THE SECOND STORY CONSTRUCTION PROHIBITION IN ORDER TO
ALLOW THE CONSTRUCTION OF A NEW TWO -STORY SINGLE FAMILY
RESIDENCE, LOCATED AT 7631 SW 59 AVENUE WITHIN AN RS -3
"LOW- DENSITY RESIDENTIAL ZONING DISTRICT," BASED UPON A
FINDING THAT THE PROPOSED CONSTRUCTION WILL HAVE NO
NEGATIVE IMPACT ON ADJOINING PROPERTIES AND THE
IMMEDIATE NEIGHBORHOOD; PROVIDING FOR AN EFFECTIVE
DATE' 3/5
(A RESOLUTION RELATING TO A WAIVER OF THE SECOND STORY CONSTRUCTION
PROHIBITION IN ORDER TO ALLOW THE CONSTRUCTION OF' A NEW TWO -STORY SINGLE
FAMILY RESIDENCE, LOCATED AT 7631 SW 59 AVE)
(City ]Manager)
RESOLUTION (S)
(NONE)
ORDINANCE (S) FIRST READING
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRAFFITI;
AMENDING CHAPTER 15 ENTITLED "OFFENSES AND MISCELLANEOUS
PROVISIONS" IN ORDER TO CREATE SECTION 15 -100 ENTITLED
"MALICIOUS DEFACEMENT, MARKING OF REAL PROPERTY;"
PROVIDING FOR ENFORCEMENT AND REVOCATION PROVISIONS;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
(Vice Mayor Wiscombe)
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATED TO THE CITY OF SOUTH MIAMI
CITY CODE, CREATING SECTION 2.26.12 ENTITLED "GREEN TASK
FORCE," IN ORDER TO CREATE A GREEN BUILDING COMMITTEE
FOR THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Feliu)
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AGENDA - AUGUST 7, 2007
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING
EFFICIENT AND ORDERLY COM41SSION hZETINGS „ SPEAKERS PLEASE TAKE
NOTICE THAT SECTION 2 -2. 1 (K) (2) OF THE CODE OF ORDINANCES
PROVIDES THAT "ANY PERSON BAKING PERSONAL IAIPERTINENT, OR
SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE
ADDRESSING THE COIF 41SSION 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
C0MISSION. "
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.
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AGENDA - AUGUST 7, 2007