10-11-07 Special Agendaa
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MAYOR: Horace G. Feliu CITY MANAGER: Yonne 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
SPECIAL CITY COMMISSION MEETING
AGENDA
Meeting date: October 11, 2:007 Time: 6:00 PM
Next Regular Meeting date: October 16, 2007 Time: 7:30 PM
6130 Sunset Drive, South Miami, FL Phone: (305) 663 -6340
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
t
administrative action.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
RESOLUTION(S)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO UNDESIGNATED
CONTINGENCY CASH RESERVE FUND; AUTHORIZING THE CITY
SPECIAL CITY COMMISSION 1
AGENDA - October 11, 2007
MANAGER TO ISSUE PAYMENTS REQUIRED UNDER THE
CONSTRUCTION AGREEMENT WITH MRP FOR CONTINUING
CONSTRUCTION COSTS AND TO RECONSTRUCT THE ROADWAY AND
SIDEWALK FOR THE AREA SURROUNDING THE MUNICIPAL PARKING
GARAGE LOCATED AT SW 73" STREET AND SW 58TH COURT; TO
EXPEND THE FUNDS AS PROVIDED UNDER THE CONSTRUCTION
PROCESS ESTABLISHED BY THE CITY OF THE MUNICIPAL
PARKING GARAGE; AND TO REPLACE THE FUNDS TAKEN FROM THE
UNDESIGNATED CONTINGENCY CASH RESERVE FUND FROM THE
REVENUES RECEIVED BY THE CITY FROM THE USE OF THE
PARKING GARAGE UPON OPENING; CHARGING PAYMENT TO
ACCOUNT NUMBER PROVIDING FOR AN
EFFECTIVE DATE. 4/5
(A RESOLUTION RELATING TO UNDESIGNATED CONTINGENCY CASH RESERVE FUND;
AUTHORIZING THE CITY MANAGER TO ISSUE PAYMENTS REQUIRED UNDER THE
CONSTRUCTION AGREEMENT WITH MRP FOR CONTINUING CONSTRUCTION COSTS OF THE
MUNICIPAL PARKING GARAGE LOCATED AT SW 73RD STREET AND SW 58TH COURT)
(City Manager)
Adjournment
" "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 COMUSSION."
PURSUANT TO FLORIDA STATUTES 266.0105, "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.
SPECIAL CITY COMMISSION 2
AGENDA - October 11, 2007
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INCOWDOIIATED
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HORACE G. FELIU
MAYOR
October 9, 2007
Honorable Members of the City Commission
c/o Maria M. Menendez, City Clerk
6130 Sunset Drive
City of South Miami 33143
6130 Sunset Drive
South Miami, Florida 33143 -5093
Tel: (305) 668 -2484• Fax: (305) 663 -6348
e -mail: horacefeliu@bellsouth.net
Re: Calling _a Special Meeting: Thursday, October 11, 2007
Honorable Members of the City Commission:
This is to notify all of you that I am hereby calling a Special Meeting of the City
Commission for Thursday, October 11, 2007 starting at 6:00 p.m., in the City
Commission Chamber. The purpose of this meeting is to address an item relating to the
completion of the municipal parking garage located at SW 73`d Street and SW 58th Court.
Sincerely,
Horace G. Feliu, M or
Cc: Yvonne Soler- McKinley, City Manager
Luis Figueredo, City Attorney
South Miami
All-America City
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2001
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SUBSTITUTE ITEM
RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
UNDESIGNATED CONTINGENCY CASH RESERVE FUND;
AUTHORIZING THE CITY MANAGER TO ISSUE PAYMENTS
REQUIRED UNDER THE CONSTRUCTION AGREEMENT
WITH MRP FOR CONTINUING CONSTRUCTION COSTS AND
TO RECONSTRUCT THE ROADWAY AND SIDEWALK FOR
THE AREA SURROUNDING THE MUNICIPAL PARKING
GARAGE LOCATED AT SW 73' STREET AND SW 58'
COURT; TO EXPEND THE FUNDS AS PROVIDEDUNDER THE
CONSTRUCTION PROCESS ESTABLISHED BY THE CITY OF
THE MUNICIPAL PARKE14G GARAGE; AND TO REPLACE
THE FUNDS TAKEN FROM THE UNDESIGNATED
CONTINGENCY CASH RESERVE FUND BY OBTAINING A
LOAN FROM THE FLORIDA LEAGUE OF CITIES, WHICH
LOAN SHALL BE REPAID BY THE CITY FROM THE
REVENUES RECEIVED BY THE CITY FROM THE USE OF
THE PARKING GARAGE UPON OPENING; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
previously approved the completion of the design of the municipal parking garage
located at SW 73rd Street and SW 58th Court; and
WHEREAS, pursuant to the Settlement Agreement between the City of
South Miami and Mark Richman Properties, and pursuant to the loan agreement
for the construction of the municipal parking garage, the City was to secure the
project funding for the completion of the project; and,
WHEREAS, due to a delay in the construction of the garage project that
resulted from litigation the prior administration and prior finance director used the
project funds earmarked for the construction of the project to make principal and
interest payments due on the loan, and,
WHEREAS, the portion of the project funds used to pay principal and
interest needs to be replaced in order to complete the construction of the garage
project; and,
Additions shown by underlinihg and deletions shown by everstrikin .
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WHEREAS, to maximize the use of the parking garage for the residents
and businesses along Sunset during the holiday season, the City desires to
complete the final phase of construction prior to November 2007; and,
WHEREAS, the final requirements under the construction process, requires
finishing touches on the municipal parking garage, and completion of the re-
construction of the roadway, to include the additional street, curbs, sidewalks,
streetlights and landscaping improvements that are not part of the original scope of
work of the garage project, as agreed; and
WHEREAS, City Commission on October 2nd, 2007, by acclamation,
authorized the continued construction of the roadway in order to complete
construction as proposed in the timetable; and
WHEREAS, in order to pay the vendors for this final portion of the
construction, the City Commission pursuant to Article II (D)(1), authorizes the
expenditure of non - budgeted funds; and,
WHEREAS, it is in the best interest of the City to timely complete the
construction of the parking garage and to seek a loan from the Florida League of
Cities, which loan will be used to pay back the undesignated contingency cash
reserve, and which loan shall be repaid by using the City's revenues from the
operating parking garage over the term of the loan.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1: The City Manager is authorized to pay the final $300,000 in
construction costs for the Municipal Parking Garage located at SW 73rd Street and
SW 58th Court from the undesignated contingency cash reserve that has a current
balance of $1,915,608. Thereafter, upon completion of the garage, the City shall
seek a loan from the Florida League of Cities, which loan, if authorized, will be
used to pay back the undesignated contingency cash reserve. The loan shall be
repaid by using the City's revenues from the operating parking garage.
Section 2: That as part of the settlement agreement, Mark Richman
Properties will be responsible for repaying the loan proceeds, except the $300,000.
Section 3: That this resolution shall take effect immediately upon
approval.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
OFFICE OF CITY ATTORNEY,
NAG1N, GALLOP & FIGUEREDO, P.A.
day of October, 2007.
Page 3 of 3
APPROVED:
• @
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman: