02-01-05i r ,
MAYOR: 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: February 1, 2005 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: February 15, 2005 Phone: (305) 663 -6340
Time: 7:30 PM
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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
Ri 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 f-
organizations, local chamber and merchant groups, homeowner associations,
kl or trade associations and unions.
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CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) 7:00 p.m.
1. Police Officers of the Year 2004:
Detective Richard Munoz
Detective Michael Stroface
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
REGULAR CITY COMMISSION 1
AGENDA - February 1, 2005
1. Minutes of January 18, 2005
2. City Manager's Report:
a) Scheduling the Special City Commission Meeting on the Red
Road Commons Project for Wednesday, February 23, 2005.
b) Consideration of Bank Project Workshop on February 16, 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 RELATING TO ACQUISITION
OF THE "HAMMOCK HOUSE "; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE A LOAN; IN THE AMOUNT USED TO ACQUIRE
THE PROPERTY AND REIMBURSING VARIOUS BUDGET ACCOUNTS
WITH THE AMOUNT TRANSFERRED FROM THEM FOR THE
TRANSACTION. 3/5
(A RESOLUTION RELATING TO ACQUISITION OF THE "HAMMOCK HOUSE"
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A LOAN IN THE AMT
USED TO ACQUIRE THE PROPERTY AND REIMBURSING VARIOUS BUDGET
ACCTS WITH THE AMT TRANSFERRED FROM THEM FOR THE TRANSACTION)
(City Manager)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING NANCY DISOTUAR TO SERVE ON
THE COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY
BOARD FOR AN UNEXPIRED TERM ENDING MARCH 15, 2006;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING NANCY DISOTUAR TO SERVE ON THE CPA
ADVISORY BD FOR AN UNEXPIRED TERM ENDING 3115106)
(Mayor Russell)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT WITH SOUTH
FLORIDA WATER MANAGEMENT DISTRICT OF $725,000 FOR
REGULAR CITY COMMISSION 2
AGENDA — February 1, 2005
WATER DISTRIBUTION SYSTEM IMPROVEMENTS; PROVIDING FOR
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT OF $725, 000 WITH SO FL WATER MANAGEMENT DISTRICT FOR
WATER DISTRIBUTION SYSTEM IMPROVEMENTS)
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CLAIMS;
APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF
FELDMAN v. CITY OF SOUTH MIAMI; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT PROVIDED
THAT IT IS CONSISTENT WITH THE SETTLEMENT TERMS AND
CONDITIONS APPROVED BY THE COMMISSION; DIRECTING
PERFORMANCE OF CERTAIN REQUIREMENTS UNDER THE
AGREEMENT; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF
FELDMAN v. CSM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SETTLEMENT AGREEMENT PROVIDED THAT IT IS CONSISTENT WITH THE
TERMS & CONDITIONS APPROVED BY THE COMMISSION; DIRECTING
PERFORMANCE OF CERTAIN REQUIREMENTS UNDER THE AGREEMENT)
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADOPTING PHASE II PLAN
,SUPPLEMENT AS UPDATING AND MODIFYING THE SOUTH MIAMI
COMMUNITY REDEVELOPMENT PLAN AND PROVIDING FOR
TRANSMITTING THE PLAN TO THE MIAMI -DADE COUNTY BOARD
OF COUNTY COMMISSIONERS; PROVIDING FOR FURTHER
ACTIONS TO IMPLEMENT THE PLAN PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
9 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO ALARM
SYSTEMS; REPEALING SECTION 15 4 1N ITS ENTIRETY AND
GREATING A NEW AMENDING SECTION 15-4-1 THROUGH 15-4-
10 ENTITLED BURGLARY AND ROBBERY ALARM; PROVIDING FOR
ALARM PERMITTING, PERMITTING FEES AND FINES FOR NON -
COMPLIANCE, ISSUANCE OF FALSE ALARM REPORTS AND
APPEALS OF FALSE ALARM REPORTS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE. 3/5
(Mayor Russell)
REGULAR CITY COMMISSION 3
AGENDA - February 1, 2005
RESOLUTION (S) /PUBLIC HEARING (S)
(NONE)
RESOLUTION (S)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LITIGATION;
APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY AND
MARK RICHMAN PROPERTIES, INC. PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY
AND MARK RICHMAN PROPERTIES INC.)
(City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPOINTING A CITY
ATTORNEY, APPROVING A- CONTRACT FOR LEGAL SERVICES
PROVIDED BY CITY ATTORNEY AND LAW FIRM; PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING A CITY ATTORNEY, APPROVING A CONTRACT
FOR LEGAL SERVICES PROVIDED BY CITY ATTORNEY AND LAW FIRM)
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A
TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY AMENDING SECTION 20
3 .7 (E) (1) (c) ENTITLED "MIXED USE (PUD -M) " IN
ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE
MAXIMUM DISTANCE FROM A PLANNED UNIT DEVELOPMENT
MIXED USE PROJECT AND THE METRO RAIL STATION;
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
ORDINANCE (S) FIRST READING
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND MARK
RICHMAN PROPERTIES, INC., FOR THE LEASE BY MRP OF
REGULAR CITY COMMISSION 4,
AGENDA - February 1, 2005
CERTAIN CITY PROPERTY AND THE CO- DEVELOPMENT OF A
PARKING STRUCTURE PROJECT AT SW 73 STREET BETWEEN SW 58
COURT AND 58 AVENUE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(City Manager)
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 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 5
AGENDA - February 1, 2005