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01-04-05MAYOR: Mary Scott Russell CITY MANAGER: Maria V. Davis VICE MAYOR: Velma Palmer CITY ATTORNEY: Nagin Gallop Figueredo COMMISSIONER: Randy G. Wiscombe ` CITY CLERK: Maria M. Menendez COMMISSIONER: Marie Birts- Cooper COMMISSIONER: Craig Z. Sherar CITY COMMISSION AGENDA City Commission Meeting Meeting date: January 4, 2005 6130 Sunset Drive, South Miami, FL Next Special Meeting Date: January 12, 2005 - Next Regular Meeting Date: January 18, 2005 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. (NONE) REGULAR CITY COMMISSION 1 AGENDA January 4, 2005 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Minutes of December 21, 2004 2. City Manager's Report: a) Recommendation of a proposed workshop for the Bank project, on Wednesday, February 9, 2005. 3. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO TRANSFER UP TO $15,900 PER YEAR OVER THREE (3) YEARS FROM THE FEDERAL FORFEITURE - OPERATING ACCOUNT #615 - 1910 - 521 -6430 TO THE FEDERAL FORFEITURE - LEASE /PURCHASE POLICE VEHICLES ACCOUNT #615- 1910 -521- 4450 AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3) YEAR RENTAL AGREEMENT WITH ROYAL RENT -A -CAR TO PROVIDE RENTAL VEHICLES USED IN SPECIAL OPERATIONS AND INVESTIGATIONS BY THE POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER UP TO $15,900 PER YEAR OVER 3 -YRS FROM THE FEDERAL FORFEITURE- OPERATING ACCT (W /CURRENT BAL$ 47,656) TO THE FEDERAL FORFEITURE - LEASE /PURCHASE POLICE VEHICLES ACCT; ALSO AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3 -YR RENTAL AGREEMENT WITH ROYAL RENT -A- CAR TO PROVIDE RENTAL VEHICLES USED IN SPECIAL OPERATIONS AND INVESTIGATIONS) (City Manager) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROSECUTION OF MUNICIPAL VIOLATIONS; APPROVING THE ENTRY INTO AN AGREEMENT BETWEEN THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA AND THE CITY; AUTHORIZING THE REIMBURSEMENT OF THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF REGULAR CITY COMMISSION 2 AGENDA - January 4, 2005 CERTAIN CRIMINAL VIOLATIONS OF THE CITY'S CODE; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING THE ENTRY INTO AN AGREEMENT BETWEEN THE STATE OF FLA, OFFICE OF THE STATE ATTY FOR THE 11' JUDICIAL CIRCUIT OF FLA AND THE CITY; AUTHORIZING THE REIMBURSEMENT OF THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY'S CODE) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (None) RESOLUTION (S) /PUBLIC HEARING (S) 6. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (Deferred 12/07/04 & 12121104) (The request for these two parking variances was denied 9121104 on a 4 -1 vote) (A RESOLUTION FOR APPROVAL OF TWO PARKING VARIANCES: TO ALLOW (4) OFF -ST PARKING SPACES; AND, TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA, AT 6230 SW 70 ST) (Commissioner Birts- Cooper) RESOLUTION (S) (None) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (None) ORDINANCE (S) FIRST READING (None) REGULAR CITY COMMISSION 3 AGENDA - January 4, 2005 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 CONSTITUTES 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 4 AGENDA - January 4, 2005