08-05-08 Item 5South Miami
M•Amedca City
CITY OF SOUTH MIAMI , I r
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
From: W. Ajibola Balogun
City Manager
Date: July 29, 2008 Agenda Item No.:
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:
• 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.
• 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 Documentation:
❑ Invoice
❑ Memorandum from Jeanette Enrizo, Human Resource Manager
❑ Email from Pension Board Chairman
Page 2 of 2
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RESOLUTION NO.:
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.
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
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 day of , 2008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
lam: •:
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Wiscombe:
Commissioner Beckman:
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
City of South Miami Pension Funds
c/o Mr. Ajibola Balogun, City Manager
613 0 Sunset Drive
South Miami, Florida 33143
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
June 11, 2008 D
CURRENT FEES: 1,500.00
CURRENT COSTS: 0.00
PREVIOUS BALANCE: 10,600.00
PAYMENTS RECEIVED: 0.00
TOTAL AMOUNT DUE: 12,100.00
SUGAR AN & SUSS BIND
100 Miracle Mile
Suite 300
Coral Gables, Florida 33134
Telephone: 305 - 529 -2801
Fax: 305-447-8115
www.sugarmansusskind.net
City of South Miami Pension Funds
c/o Benefit USA
3810 Inverrary Boulevard
Suite 302
Lauderhill FL 33319
June 04, 2008
Invoice #54867
Client:Matter SMPF:PLAN
In Reference To: Plan
Professional Services
Hrs /Rate Amount
5/1/2008 Review and respond e-mail administrator and client reference definition of 1.00 200.00
member and participation in plan of reserve police officers and research plan 200.00 /hr
document
5/5/2008 Review, research and respond e-mail client reference reserve officers
1.00
200.00
participation in plan
200.00 /hr
5/7/2008 Review and respond to e-mail actuary reference revisions to restatement and
1.00
200.00
Telephone conference with actuary
200.00 /hr
5/14/2008 Review and revise restatement reference actuary input and forward to
1.00
200.00
actuary and client
200.00 /hr
5/20/2008 Attend city commission meeting reference 2nd reading of restatement
2.50
500.00
200.00 /hr
5/30/2008 Email to HR and Finance clean copy of plan restatement
1.00
200.00
200.00 /hr
For professional services rendered
7.50
$1,500.00
Balance due
$1,500.00
SUGARMAN & SUSSKIND
100 Miracle Mile
Suite 300
Coral Gables, Florida 33134
Telephone: 305 - 529 -2801
Fax: 305-447-8115
www.sugarmansusskind.net
City of South Miami Pension Funds
c/o Benefit USA
3810 Inverrary Boulevard
Suite 302
Lauderhill FL 33319
Client:Matter SMPF:PLAN
In Reference To: Plan
Professional Services
4/2/2008 Review and revise restatement
4/3/2008 Review and revise restatement
4/4/2008 Attend meeting PBA and city labor attorneys reference pension provisions
Receipt and review of restatement, Review and edit plan
Review and edit restatement.
Review and revise restatement
4/7/2008 Review and edit Restatement.
Review, revise and respond e-mail administrator reference application forms
Review and revise restatement
Review and respond e-mail client and Telephone conference with client
reference restatment
June 04, 2008
Invoice #54866
Hrs /Rate
Amount
3.00
600.00
200.00 /hr
3.50
700.00
200.00 /hr
1.00
200.00
200.00 /hr
2.00
400.00
200.00 /h r
1.25
250.00
200.00 /hr
4.00
800.00
200.00 /hr
2.75
550.00
200.00 /hr
0.50
100.00
200.00 /hr
5.50
1,100.00
200.00 /hr
1.00
200.00
200.00 /hr
City of South Miami Pension Funds Page 2
Hrs /Rate Amount
4/8/2008 Receipt and review of email regarding Restatement. Review and edit
3.50
700.00
Restatement.
200.00 /hr
4/10/2008 Review, research and revise restatement and Telephone conference with
4.00
800.00
client and e-mail client reference revisions and Telephone conference with
200.00 /hr
actuary reference revisions.
4/11/2008 Review and respond e-mail administrator and actuary reference pensionable
1.00
200.00
salary and research plan document
200.00 /hr
Review and respond e -mails client and actuary and revise restatement and
4.00
800.00
Telephone conference with client and actuary
200.00 /hr
4/14/2008 Review and respond a -mails client, city clerk and actuary reference support
3.00
600.00
documents and review documents and Telephone conference with client
200.00 /hr
Review and respond e-mail client reference make -up of board of trustees,
1.00
200.00
research files and Telephone conference with client
200.00 /hr
4/15/2008 Review ordinances, resolutions and CBAs reference pension changes
0.50
100.00
concerning restatement
200.00 /hr
4/16/2008 Review and respond e-mail actuary and client reference support documents
3.00
600.00
for restatement and Telephone conference with client, actuary and PBA
200.00 /hr
attorney. Review and respond e-mail HR director reference ordinance
ratification of CBA
4/18/2008 Review and revise restatement
1.50
300.00
200.00 /hr
4/21/2008 Review and revise restatement and Review and respond e-mail actuary and
2.50
500.00
client and Telephone conference with client and actuary
200.00 /hr
4/23/2008 Review and revise plan restatement to include input from actuary and latest
2.00
400.00
resolution documents from city clerk
200.00 /hr
4/24/2008 Review and respond a -mails client and HR director reference restatement
0.50
100.00
200.00 /hr
4/25/2008 Telephone conference with client reference restatement and letter to city
1.00
200.00
commission addressing summary of restatement and draft letter
200.00 /hr
4/29/2008 Review and respond e-mail client reference chapter 185 minimum benefit,
1.00
200.00
research document and Telephone conference with client
200.00 /hr
For professional services rendered
53.00 $10,600.00
Balance due $10,600.00
South Miami
F l o r i d a
City of South Miarnd
6130 Sunset Drive
_ -- South Miami, .Florida 33143
(303) 668-2515
a
2001
Date: July 22, 2008
To: Ajibola W. Balogun
City Manager
From: Jeanette Enrizo, H t
Re: Invoice from Sugarman and Susskind addressed to the Pension Fund
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.
END OF MEMORANDUM
Page 1 of 1
Balogun, Ajibola
From: Bradley Cassel [bwcassel @bel[south.net]
Sent: Wednesday, June 11, 2008 5:42 PM
To: 'Ken Harrison'; Enrizo- Navarro, Jeanette
Cc: Balogun, Ajibola; Figueredo, Luis; Wiscombe, Randy; Feliu, Horace G
Subject: RE: City of South Miami Pension Funds
Importance: High
Jeanette,
The work.was for qualifying the pension.
Please review the video of the Feb 6th 2007 commission meeting where the commission instructed the
attorney to do the work. I negotiated with Ken to honor the Pension Board retainer letter and the City saved
33 %.
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 a 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 for your prompt attention to this matter.
Bradley Cassel
6790 S.W. 76th Terrace
South Miami, Florida 33143
305- 667 -0441
305 -815 -2942 mobile
From: Ken Harrison [ mailto: kenharrison @sugarmansusskind.com]
Sent: Wednesday, June 11, 2008 4:30 PM
To: Enrizo- Navarro; Jeanette
Cc: Balogun, Ajibola; Bradley Cassel
Subject: RE: City of 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: Enrizo- Navarro, Jeanette [ mailto :Jnavarro @cityofsouthmiami.net]
Sent: Wednesday, June 11, 2008 3:08 PM
To: Ken Harrison
Cc: Balogun, Ajibola
Subject: City of South Miami Pension Funds
Ken, I just received a bill in the amount of 12,100 stating that the City is responsible to pay for this. To my recollection
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 is for because we have not requested any work to be done. I was under
the impression that this was something that was done per instructions of the Pension Board. Can u advise.
7/16/2008
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 LAND DEVELOPMENT CODE
FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL
EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN
ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT
COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT
COVERAGE ON SW 74th 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 DIXIE 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 1
AFTER ACTION SUMMARY - FEBRUARY 6, 2007
i
South Mian��
c
RII- smedcaCity
2nni
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
COMMISSIONER:
Marie Birts
COMMISSIONER:
jay Beckman
CITY
IS-00' 10 P41 AFTER CTIUN
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 LAND DEVELOPMENT CODE
FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL
EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN
ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT
COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT
COVERAGE ON SW 74th 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 DIXIE 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 1
AFTER ACTION SUMMARY - FEBRUARY 6, 2007
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 AGREEMENTS WITH MILIAN SWAIN &
ASSOCIATES, INC. , H. J. ROSS ASSOCIATES (NOW KNOWN AS TY
LIN /HJ ROSS & ASSOCIATES) AND CORZO CASTELLA CARBALLO
THOMPSONd SALMAN, 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 SALMAN, 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)
GRANT ACCOUNT NUMBER 106- 1726- 536 -3450 AND 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 AN
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 2
AFTER ACTION SUMMARY - FEBRUARY 6, 2007
Moved by Commissioner Palmer, seconded by 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.
1!11!!111 11111!11111 111!111111 !! liqll 11111 q1I '�•kh 2 _ ry 7 �{ 4 •{ F�.- rT J �' 71 k T Gi �, j'_', j. F " • f • f
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 FAMILY RESIDENTIAL STRUCTURES; .
AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC
MANSIONS "; 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 REVIEW BY ERPB 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.
10. 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 3
AFTER ACTION SUMMARY - FEBRUARY 6, 2007
(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; AMENDING 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)
of � yy
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)
13. 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. AREA OF CURVE IN NE CORNER, (6350 SW 60" AVENUE)
AND THE EAST 1 /2 OF LOT 79, (6016 SW 63rd STREET) BLOCK
14, FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT
PAGE 34, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
RESOLUTION (S)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ASKING MIAMI -DADE COUNTY
TO. CONSIDER INSTALLING TRAFFIC CALMING CIRCLE AT THE
INTERSECTION OF SUNSET DRIVE (SW 72' STREET) AND RED
ROAD (SW 57TH AVENUE) IN LIEU OF THE EXISTING TRAFFIC
SIGNAL AT THE INTERSECTION; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
ORDINANCE (S) FIRS` ' READING
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, .RELATING TO DRAINAGE;
AMENDING SECTION 20 -4.7 OF THE CITY'S LAND DEVELOPMENT
CODE IN ORDER TO CORRECT THE TITLE TO REFLECT "MINIMUM
STANDARDS" FOR ALL CONSTRUCTION AND NOT JUST IDENTIFYING
MINIMUM HOUSING STANDARDS; MODIFYING SUBSECTION (C) IN
ORDER TO SPECIFICALLY REQUIRE ALL PROPERTIES TO RETAIN
STORMWATER 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 -WAY; 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 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 5500 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;
PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN
EFFECTIVE DATE.
3/5
(City Manager)
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES TH9 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