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Res. No. 127-08-12724RESOLUTION NO.: VMEREAS, the City of South Miami wishes to pay Pension Attorney for qualifying the Pension Plan; and WHEREAS, the Pension Board chair, submitted invoices to the City for legal services rendered by Sugarman & SussKind for qualifying the Pension in the amount $12,100; and WHEREAS, the City Manager is authorized to pay the $12,100 to Sugarman & SussKind for qualifying the Pension and charging account number 001-2100-519-3457 with account balance of $12,100. Section 1: The City Manager is authorized to pay the $12,100 to Sugarman & SussKind for qualifying the Pension and charging account number 001-2100-519-3457 with account balance of $12,100. Section 2: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this ka day of I�L6W-'-"t'2008. ATTEST: CITY CLERK U CU-Y-ATTORNEY APPROVED: G. MAYOR Commission o 4-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Wiscombe: absent Commissioner Beckman: Yea South Miami CITY OF SOUTH MIAMI 4-, OFFICE OF THE CITY MANAGER R INTER-OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu. and Members of the City Commission From: W. Ajibola Balogun 06_5_ City Manager Date: July 29, 2008 A rn P"An 1*Am Nn 6 Subject: Invoice from Pension Attorney Resolution; A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION ATTORNEYS' FEES; APPROVING PENSION ATTORNEYS' FEE FOR SURGARMAN & SUSSKIND IN THE AMOUNT OF $12,100 FOR QUALIFYING THE PENSION PLAN AND CHARGING ACCOUNT NO. 001-2100-519-3457; PROVIDING AN EFFECTIVE DATE. Request: Authorizing the City Manager to pay the Pension Attorney's invoice of $12,100 for qualifying the Pension Plan, as submitted by the Pension Board Chairman. Reason/Need: Last month a copy of the attached $12,100 invoice was delivered to my office by Mr. Cassel with a request to pay the Pension Board attorney, Sugarman & SussKind, for the work performed in preparing the ordinance to qualify the pension. Following my review of available records and the invoice, I have determined that: 0 Prior approval was not secured through the City Commission for the services; ® The former City Manager did not approved the services; * The expense was not budgeted; and . a, The invoice is addressed to the Pension Fund. However, according to the attached e-mail dated Wednesday, June 11, 2008, Mr. Cassel stated that the City Commission instructed the Pension Attorney to do the work doing the February 6, 2007 City Commission meeting. I have reviewed that tape of the February 6, 2007 City Commission meeting and I could not conclude that the City Commission approved/directed the work. I have attached a copy of the Summary Agenda for the February 6, 2007 meeting and video CD of the meeting for your review. In addition, I have secured the attached memorandum from Jeanette Enrizo, Human Resource Manager, to clarify the allegation that the City negotiated a $300 per hourly fee for service. It is my understanding (and confirmed by Mr. Ken Harrison), that the hour rate negotiated with the City was for General Services (whenever the City Commission needs the Pension attorney to attend the Commission meeting to clarify/address Pension issue(s)) and not for qualifying the pension. During the July 22, 2008 City Commission meeting, the City Commission requested to submit the invoice in resolution form for their consideration. Cost: $12,100 Funding Source: Account # 001- 2100 -519 -3457 with current balance of $12,100 following approval of transfer. Backup Bocumentation: E3 Invoice El Memorandum from Jeanette Enrizo, Human Resource Manager El Email from Pension Board Chairman Page 2 of 2 SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarman Howard S. Susskind David E. Robinson Kenneth R. Harrison, Sr. D. Marcus Braswell, Jr, Pedro A. Herrera 100 Miracle Mile Suite 300 Coral Gables, Florida 33134 (305) 529-2801 Broward 763-2566 Toll Free 1-800-329-2122 Facsimile (305) 447 -8115 rp, tf=3 ra v� b�n June 11, 2008 Jug 1 8 City of South Miami Pension Funds c/o Mr. Ajibola Balogun, City Manager 6130 Sunset Drive South Miami, Florida 33143 CURRENT FEES: 1,500.00 CURRENT COSTS: 0.00 PREVIOUS BALANCE: 10,600.00 PAYMENTS RECEIVED: 0.00 TOTAL AMOUNT DUE: 12,100.00 ��8K�� 0/��U�� u��o� �� :�uo�u� 100 Miracle Mile Suite 300 Coral G[l[}l83, Florida 33134 Telephone: 305-529-2801 Fax: 305-447-81 15 w4n0.5Ugarm{]DIUSSkjn(j.Oef City ofSouth Miami Pension Funds C/o Benefit USA 381O|nmanoryBoulevard Suite 302 Lauderhill FL3331Q ClienMatte GMPF:PLAN In Reference To: Plan Professional Services June O4'2OO8 Invoice #54867 Hrs/Rate Amount 5U/2008 ReYkavv and administrator and client reference definition of 1.00 200.00 member and participation in plan of reserve police officers and research oan 200.00/hr document ' 515/2008 Reyievv research and respond e-mail client reference reserve officers 1.00 200.00 participation in plan 200.001hr 5/7/2DO8 Review and respond to e-mail actuary reference revisions to restatement and 1.00 200.00 Telephone conference with actuary 200.001hr 5/14/2008 Review and revise restatement reference actuary input and forward to 1.00 200.00 actuary and client 200.001hr 5/20/2008 Attend city commission meeting reference 2nd reading of restatement 2.50 500.00 20O.00/hr 5/30/2008 Email toHR and Finance clean copy of plan restatement 1.00 200.00 20O.OD/hr For professional services rendered 7.50 -------- $1,500.00 Balance due $1.SOO'OD �>��0� �� K0��Q��&�K� �«»��u� o� �o��;�uu�u� 100 Miracle Mile Suite 300 Coral Gables, Florida 33134 Telephone: 305-529-2801 Fax: 305-447-8115 Y04w.SUgOrmaDSUsSkjDd.Oef City of South Miami Pension Funds mb Benefit USA 381O|nwsmaryBoulevard Suite 302 Lauderhill FL33310 C/ient:Motte GMPF:PLAN In Reference To: Plan Professional Services June O4.2OO8 Invoice #54866 _Amount 4/2/2008 Review and revise restatement 3.00 BODDO 20U.00/hr 4/3/2008 Review and revise restatement . 3.50 700.00 200D0/hr ^ 414/2008 Attend meeting PBA and city labor attorneys reference pension provisions 1.00 200.00 20O.OD/hr Receipt and review of restatement, Review and edit plan 2.00 400,00 2DO.OU/hr Review and edit restatement. 1.25 250.00 2OO.00/hr Review and revise restatement 4.00 800.00 2OO.O0hr 4/7/2008 Review and edit Restatement. 2.75 550.00 28O.UO/hr Flmjevv revise and respond e-mail administrator reference application forms 0.50 100.00 20U.00/hr Review and revise restatement 5.50 1.100.00 2UO.0O/hr Review and respond e-mail client and Telephone conference with client 1.00 200.00 neferencerastabnent 200.00/hr City of South Miami Pension Funds 4/8/2008 Receipt and review of email regarding Restatement. Review and edit Restatement. 4M0/2008 Review, research and revise restatement and Telephone conference with client and e-mail client reference revisions and Telephone conference with actuary reference revisions. 4/11/2008 Review and respond e-mail administrator and actuary reference pensionable salary and research plan document Review and respond Un client and actuary and revise restatement and Telephone conference with client and actuary 4/14/2008 Review and respond e-meils client, city clerk and ortua reference support documents and review dncunnen� and Telephone ' '-- Review and respond e-mail client reference make-up of board oftrustees, research files and Telephone conference with client 4/15/2008 Review ordinances, resolutions and CBAo reference pension changes concerning restatement 4/1612008 Review and respond e-mail actuary and client reference Support documents for restatement and Telephone conference with client, actuary and PEV\ attorney. Review and respond e-mail HR director reference ordinance ratification nfCBA 4/18/2008 Review and revise restatement 4/2112OO8 Review and revise restatement and Review and respond e-mail actuary and client and Telephone conference with client and actuary 4123/2008 Review and revise plan restatement to include input from actuary and latest resolution documents from city clerk 4/24/2008 Review and respond e-mails client and HR director reference restatement 4125/2008 Telephone conference with client reference restatement and letter to city Commission addressing summary of restatement and draft letter 4/29/2008 Review and respond e-mail client reference chapter 185 minimum benefit, research document and Telephone conference with client For professional services rendered Page 2 �Hrs/Rate �Amount 3.50 700.00 2O0.O0/hr 4.00 800.00 2OO.0O/hr 1.00 200.00 2OO.00/hr 4.00 000.00 2OO.0O/hr 3.00 600.00 2OODD/hr 1.00 200.00 2OO.D0/hr 0.50 100.00 2DO.00/hr 3.00 600.00 2OO.0D/hr 1.50 300.00 2OO.O0/hr 2�50 500.00 20D.00/hr 2.00 400.00 2OO.00/hr 0.50 100.00 2OODD/hr 1.00 200.00 20O.0O/hr 1.00 200.00 2UD.O0/hr 53.00 $10.600.00 Balance due $10,600.00 C y qf So vth Tylland 6130 Sumset Drive South Miami, Florida 33143 (305)668 -2515 Date: July 22, 2008 To: Ajibola W. Balogun City Manager From-, Jeanette Enrizo, Re: Invoice from Sugarman and Susskind addressed to the Pension Fund South Miami F I o r 1 d a 2001 I have reviewed ' the invoice that was addressed directly to the Pension Fund. Please note that at no time did I direct the -pension attorney — Ken Harrison to do any work for the city in the last year. Whenever I have directed Mr. Harrison to come to the City to speak with the City Commission it has been upon direction of the Commission and they have been made fully' aware. The invoice reflects almost a year and a half of work that I never approved or the City Commission never approved or was made aware from anyone from the Board as to what was being incurred. Almost two (2) years ago the City Commission requested that the Pension attorney provide information regarding possible pension alternatives. At that time, because the Pension attorney worked for the Pension not the City he indicated that a separate agreement had to be made to cover for him attending Commission meetings and/or any miscellaneous function (i.e. Merrick issue). At no time did I ever direct or agree to have the Pension attorney do any work regarding the Restatement of the Pension Plan. It was clearly understood that any improvements to the Plan had to be billed through the Pension Fund. Mr. Harrison, directed the invoice (attached hereto) to the Pension Fund not the City. He clearly understood that this work was done through the direction of the Board and therefore it should be paid through the Pension Fund. I am not sure why they are submitting payment to the City when at no time did I or the City Commission were advised of the hours spent or money incurred for services rendered during this whole process of the Restatement. Please advise should you need additional information in this regard. 00 Page I of I Ba&ogum,AlKMa From: Bradley Cassel Obwcanoo|@b*\bouthoet] Sent VVedneoduy, June 11,2OUD5-42PM To: 'Ken Harrison'; Enrizo-Navarro, Jeanette Cc: Ba(ogun.4jibda;Figmaredo. Luis: VNaommbe. Randy; Fe|iu, Horace G Subject: RE: City nf South Miami Pension Funds Importance: High The work was for qualifying the pension. Please review the video of the Feb 6th 2O07 commission meeting where theoommismiominstructa the attorney todu the work. | negotiated with Ken to honor the Pension Board retainer letter and the City saved If you would like I can have him cancel the current bill, re-issue one to the city at the $300.00 per hour that you personally negotiated with him. (Do you want Ken to provide you with o copy of the fee letter that YOU signed?) Thereafter, he can sue the City if you refuse to pay his fees. Kindly make sure this is on the next agenda and let's dispose of this invoice properly. Thank you far your prompt attention to this matter. Bradley Cassel O7Q0S.VK7GthTerrace — —South. Miami, Florida 33143 305-667-0441 305-815-2942 mobile Fromm: Ken Harrison [maUto:kenharhsnn@sugarmansusskind,onm] Sent: Wednesday, June 11, 2008 4:30 PM To: EnhzV-Navarno,Jeanette Co: 8a|ngun, Ajibo|a; Bradley Cassel Subject: RE: City n[ South Miami Pension Funds Jeannette This is for the work done preparing the plan restatement, I believe that you should contact Brad on this. From: ]eaneUe[maho:]nevarn)@dtynfsouthmiani.neQ Sent: Wednesday, June 11, 2008 3:08 PM To: Ken Harrison Cc: 8a|ogun,Ajibo|a Subject: City of South Miami Pension Funds Ken, | just received a bill in the amount of12.1OO stating that the City is responsible h» pay for this. Tomyrecollection this was not approved by the City Commission so I am a little concerned why the City is getting billed for things that indicate client? Please can u advise what this in for because we have not requested any work tobednne | was under the impression that this was something that was done per inn�uctionoof the PenobnBoard. Can uadvise, South Miammi .. MAYOR: Horace G. Eehu CITY MANAGER: Yvonne S. McKinley VICE MAYOR: Dandy G. Wiscombe CITY ATTORNEY: Luis Figueredo COMMISSIONER: Velma Palmer CITY CLERIC: Maria M. Menendez COMMISSIONER: Marie Bids COMMISSIONER: jay Beckman .k Y COMMISSION Ap N T R ACTION' Y N'.. Meeting date: February 6, 2007 Next Regular Meeting date: February 20, 2007 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM 4. 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 LA14D DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOP14EUT PROJECT IN THE "SR(HD -OV) " SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZOIIING -- DISTRICT TO PERMIT SPECK EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10$, 20 -7.11 IN ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR 26,533 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE ON SOUTH DIME 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 59th ,COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIME HIGHWAY PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (Deferred 12119106; 01109107; 01/18 /07) (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the motion to defer this .item passed by a 5 -0 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. REGULAR CITY COMMISSION AFTER ACTION SUMMARY - FEBRUARY 6, 2007 CONSENT 10 -07 -12395 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO PROFESSIONAL GENERAL ENGINEERING SERVICES AGREE TS WITH MILIAN SWAIN & ASSOCIATES, INC . , H.J. ROSS ASSOCIATES (NOW KNOWN AS TY LIN /HJ ROSS & ASSOCIATES) AND CORZO CASTELLA CARBA,.LLO THOMPSON SA11,1A , P.A.; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 11- 07- 12396 6. 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 CORZO CASTELLA CARBALLO THOMPSON SALM F,T, P.A. (C3TS) FOR FINAL DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR SUNSET DRIVE IMPROVEMENTS IN AN AMOUNT OF $276,000 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRAN ACCOUNT NUMBER 106 -1726- 536 -3450 ALr'iD THE CITY'S ACCOUNT NUMBERS 001- 2100 - 519 -3171 AND 124- 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (Deferred 01123107) (City Manager) 12 -07 -12397 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FISCAL YEAR (FY) 2007 GRANT AGREEMENT WITH THE MIAMI -DADE COUNTY DEPARTMENT OF HUMAN SERVICES FOR A MAXIMUM AMOUNT OF $33,750 FOR THE AFTER SCHOOL PROGRAMMING AND TUTORING SERVICES; PROVIDING A`N EFFECTIVE DATE. 3/5 (City Manager) 13 -07 -12398 8. A RESOLUTION OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, MEMORIALIZING DR. MARTIN LUTHER KING, JR.'S LEGACY AND CONTRIBUTION TO THE SOCIETY WITH A SCULPTURE PLAQUE ON MARTIN LUTHER KING, JR. BOULEVARD IN THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (Commissioner Birts) REGULAR CITY COMMISSION AFTER ACTION SUMMARY - FEBRUARY 6, 2007 Moved by Commissioner Palmer, seconded by I Commissioner Birts, the motion to approve the Consent Agenda passed by a 5-0 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. *'RO'NNANCE 030 SECOND RREADING PUMUC HEARING (3) 03-07-1904 9. A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM DEVELOPMENT ' REGULATIONS 'APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE- F2UA:tLY RESIDENTIAL STRUCTURES. r AUTHORIZING THE COMPLETION OF A' STUDY RELATING TO "MC YANSIONSfr; STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO- STORY HOMES FOR THE EIGHT THREE MONTH PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIMq BY ERPE AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS OF THE ERPB By AMENDING SUBSECTION 20- 6.1(C) (3) (f) ; PROVIDING SEVERABILITY ORDINANCE IN CONFLICT, AND AN; EFFECTIVE DATE. 3/5 (Vice Mayor WiScombe) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the motion to approve this item passed by a 5-0 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. TICE& ALL: THE _F OLLOTITING, ITEMS (UKFINISHEA�BUSX�JFSS) WILL .1RAR. IT TZ -NEXT.;; CIX Ty: colWISS 10F� 14EETXNG .,T0 :'BE 1IRLD =SDAYN FEBRU%R Y 9 • 2 it 7. 1.0. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING SECTION 20-5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION 20-5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION AFTER ACTION SUMMARY - FEBRUARY 6, 2007 3 (Deferred 01123107) (City Manager) 11- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA., RELATING TO CERTIFICATES OF OCCUPANCY; F NDIlTG SECTION 20 -7.30 AND 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Deferred 01123107) (City Manager) MUNI 11 12. .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(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE ' %RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (City Manager) 23. 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 GIGGLE CITY PLAY CAFE 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 (City Manager) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST FROM HABITAT FOR HUMANITY OF GREATER MIAMI INC PURSUANT TO SECTION 20- 5.16(e) OF THE LAND DEVELOPMENT CODE TO ALLOW THE RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006 WHICH COMBINED INTO ONE BUILDING SITE THE FOLLOWING PARCELS, LOTS 77 & 78 LESS NORTH 5 FT. OF LOT 78 & LESS REGULAR CITY COMMISSION 4 AFTER ACTION SUMMARY - FEBRUARY 6, 2007 EXT . A.REA. OF CURVE IN NE CORNER, (63 5 0 Ski 60" AVENUE) AND THE EAST 1 /2 OF LOT 79, (6016 SCE 63rd STREET) BLOCK 14, FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT PAGE 34, PUBLIC RECORDS OF MIAMI -DA.DE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.' 3/5 (City Manager) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA., ASKING MIAMI -DADE COUNTY TO CONSIDER INSTALLING TRAFFIC CAKING CIRCLE AT THE INTERSECTION OF SUNSET DRIVE (SW 72' STREET) AND RED ROAD (SEAT 57Tx AVENUE) IN LIEU OF THE EXISTING TRAFFIC SIGNAL AT THE INTERSECTION; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (Mayor Feliu) ORDNNIANCE (3) FIRST READING PUBLOC HEA RING 3) 16- AN ORDINANCE OF THE MA'Y'OR AND CITY COMMISSION OF " THE CITY OF SOUTH MIAMI, FLORIDA., . RELATING TO DRAINAGE; A14ENDING SECTION 20 -4.7 OF THE CITY'S LAND DEVELOPMENT CODE IN ORDER TO CORRECT THE TITLE TO REFLECT "MINIMUM STANDARDS" FOR A?',L CONSTRUCTION AND NOT JUST IDENTIFYING MINIMUM HOUSING STANDARDS; MODIFYING SUBSECTION (C) IN ORDER TO SPECIFICALLY REQUIRE ALL PROPERTIES TO RETAIN STORMN TER 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 -WAiY; AND ELIMINATING 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) REGULAR CITY COMMISSION 5 AFTER ACTION SUMMARY - FEBRUARY 6, 2007 17. AN ORDINANCE OF THE MAYOR AITD CITE' COMMISSION OF THE CITY OF SOUTH YlIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING l%aAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMERCIAL BUILDING LOCATED AT 5500 SUNSET DRIVE AS AN HISTORIC SITE AND By PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OAP') 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) 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 AFTER ACTION SUMMARY - FEBRUARY 6, 2007