02-15-05'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 15, 2005 6130 Sunset Drive, South Miami, FL
Next Special Meeting Date: February 23, 2005, Time: 7:00 PM; Next Regular
Meeting Date: March 1, 2005 Time: 7:30 PM Phone: (305) 663 -6340
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.
a) Police Chaplain Rev. Gregory Gay
REGULAR CITY COMMISSION 1
AGENDA - February 15, 2005
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of February 1, 2005
2. City Manager's Report:
3. City Attorney's Report
PUBLIC REMARKS
(5- minute limit)
CONSENT
4. A RESOLUTION OF THE CITY OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, URGING
MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING GROWTH MANAGEMENT ISSUES DURING THE 2005
LEGISLATIVE SESSION; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION URGING MEMBERS OF THE FL LEGISLATURE TO SUPPORT
GROWTH MANAGEMENT ISSUES DURING THE 2005 LEGISLATIVE SESSION)
(Mayor Russell)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING KRISTIN HEBERT TO SERVE ON
THE BUDGET AND FINANCE COMMITTEE FOR AN UNEXPIRED
TERM ENDING SEPTEMBER 30, 2005; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING KRISTIN HEBERT TO SERVE ON THE B/F
COMMITTEE FOR AN UNEXPIRED TERM ENDING SEPTEMBER 30, 2005)
(Mayor Russell)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING ALEXA ELLESSE DELGADO TO
SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR A TWO
YEAR TERM ENDING FEBRUARY 14, 2007; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING ALEXA ELLESSE DELGADO TO SERVE ON THE
JR. COMMISSION FOR WOMEN FOR A TERM ENDING FEB 141 2007)
(Mayor Russell)
REGULAR CITY COMMISSION 2
AGENDA - February 15, 2005
7. A RESOLUTION OF THE MA
CITY OF SOUTH MIAMI,
APPROVING A SETTLEMENT
OF SOUTH MIAMI V.
MANAGER TO EXECUTE THE
EFFECTIVE DATE.
(A RESOLUTION APPROVING A
CSM v BRUCE; AUTHORIZING
GENERAL RELEASE)
YOR AND CITY COMMISSION OF THE
FLORIDA, RELATING TO CLAIMS;
AGREEMENT IN THE CASE OF CITY
BRUCE; AUTHORIZING THE CITY
GENERAL RELEASE; PROVIDING AN
3/5
SETTLEMENT AGREEMENT IN THE CASE OF
THE CITY MANAGER TO EXECUTE THE
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RESCINDING RESOLUTION
No. 199 -04 -11978 RE- NAMING .CHURCH STREET (SW 59TH
PLACE) BETWEEN SUNSET DRIVE AND SW 62ND TERRACE,
MARTIN LUTHER KING, JR. BOULEVARD; AND TO TAKE ALL
OTHER RELEVANT ACTIONS NECESSARY; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION RESCINDING RESOLUTION 199 -04 -11978 RE- NAMING
CHURCH ST BETWEEN SUNSET DR AND SW 62 TER, MLK JR. BLVD)
(Mayor Russell)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, TO HONOR HUMAN RIGHTS
ACTIVIST REV. MARTIN LUTHER KING, JR., BY CO-
DESIGNATING CHURCH STREET (SW 59TH PLACE) BETWEEN
SUNSET DRIVE AND SW 62ND TERRACE, MARTIN LUTHER KING,
JR. BOULEVARD; AUTHORIZING THE CITY MANAGER TO
SUBMIT THIS RESOLUTION TO MIAMI -DADE COUNTY AND TO
TAKE ALL OTHER RELEVANT NECESSARY ACTIONS; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION CO- DESIGNATING CHURCH ST BETWEEN SUNSET DR & SW
62 TERR, MLK JR. BLVD; AUTHORIZING THE CITY MANAGER TO SUBMIT
THIS RESOLUTION TO MIAMI -DADE COUNTY)
(Mayor 'Russell)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH
THE VILLAGE OF MIAMI SHORES POLICE FOR GENERAL AND
SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE
CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO
SECTION 23.1225 (3), FLORIDA STATUTES; AND PROVIDE
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MUTUAL AID AGREEMENT WITH THE VILLAGE OF MIAMI SHORES POLICE
FOR GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF
THE CITY OF SOUTH MIAMI POLICE DEPARTMENT)
(City Manager)
REGULAR CITY COMMISSION 3
AGENDA - February 15, 2005
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH
THE MIAMI DADE POLICE DEPARTMENT FOR GENERAL AND
SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE
CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO
SECTION 23.1225 (3), FLORIDA STATUTES; AND PROVIDE
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MUTUAL AID AGREEMENT WITH THE MIAMI -DADE POLICE DEPT FOR
GENERAL AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE
CITY OF SO MIAMI POLICE DEPT)
(City Manager)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT ONE
WITH THE MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND
ECONOMIC DEVELOPMENT FOR TIME EXTENSION ON THE FY
2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR
CHURCH STREET IMPROVEMENT PH 2; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT
AMENDMENT WITH THE MIAMI DADE COUNTY OFFICE OF COMMUNITY &
ECONOMIC DEVELOPMENT FOR TIME EXTENSION OF THE FY '04 (CDBG)
FOR CHURCH ST IMPROVEMENT PH 2)
(City Manager)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HAMMOCK
HOUSE PROPERTY, AUTHORIZING THE CITY MANAGER TO PAY
THE 2004 REAL ESTATE TAX NOT EXCEEDING $20,284.59 TO
MIAMI DADE TAX COLLECTOR ON THE VAN SMITH PROPERTY;
CHARGING THE PAYMENT TO ACCOUNT NUMBER 001- 2100 -519-
9920, TITLED GENERAL CONTINGENCY ; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO THE HAMMOCK HOUSE PROPERTY,
AUTHORIZING THE CITY MANAGER TO PAY THE 2004 REAL ESTATE TAX
NOT EXCEEDING $20,284.59 TO MIAMI DADE TAX COLLECTOR; CHARGING
THE GENERAL CONTINGENCY ACCT W /CURRENT BAL $48,376.58)
(City Manager)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $5,512.79; CHARGING
REGULAR CITY COMMISSION 4
AGENDA - February 15, 2005
$5,512.79 TO ACCOUNT NO. 001 - 1500 - 514 -3410, LEGAL
SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION APPROVING ATTY'S FEES FOR NGF IN THE AMT OF
$5,512.79; CHARGING THE LEGAL SVGS ACCT W /CURRENT
BAL$53,960.53)
(City Attorney)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $17,020.09;
CHARGING $17,020.09 TO ACCOUNT NO. 001- 1500 -514-
3410, LEGAL SERVICES, NON - RETAINER; PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTY'S FEES FOR NGF IN THE AMT OF
$17,020.09; CHARGING THE LEGAL SVGS ACCT W /CURRENT
BAL$53,960.53)
(City Attorney)
ORDINANCE (S) SECOND READING PUBLIC HEARING (3)
16. 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 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. 4/5
(City Manager)
17. 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)
RESOLUTION (S) /PUBLIC HEARING (S)
REGULAR CITY COMMISSION 5
AGENDA - February 15, 2005
(NONE)
RESOLUTION (S)
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO FORMER
CITY MANAGER CHARLES SCURR'S PENSION; AUTHORIZING
THE CITY MANAGER TO PAY AN AMOUNT NOT TO EXCEED
$89,716.80 TO METLIFE INVESTORS INSURANCE COMPANY
ON HIS BEHALF AS SATISFACTION OF THE RETIREMENT
CLAUSE IN HIS EMPLOYMENT CONTRACT; PROVIDING FOR
THE DISBURSEMENT FROM SETTLEMENT ACCOUNT 001 - 2100-
519 - 9924; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY AN AMT NOT TO
EXCEED $89,716.80 TO METLIFE INVESTORS INSURANCE CO. ON BEHALF
OF FORMER CITY MANAGER CHARLES SCURR'S PENSION, AS SATISFACTION
OF THE RETIREMENT CLAUSE IN HIS EMPLOYMENT CONTRACT;
DISBURSEMENT FROM THE SETTLEMENT ACCT W /CURRENT BAL$107,000)
(City Manager)
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE DEPUTY
CITY CLERK; ACCEPTING A SALARY RANGE; ACCEPTING A JOB
DESCRIPTION; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO THE DEPUTY CITY CLERK; ACCEPTING A
SALARY RANGE AND A JOB DESCRIPTION)
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
20. 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 (AKA ALLEN'S DRUGS) LOCATED AT
4000 SW 57" AVENUE AS AN HISTORIC SITE AND BY
PLACEMENT OF A 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)
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AGENDA - February 15, 2005
ORDINANCE (S) FIRST READING
(NONE)
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 7
AGENDA - February 15, 2005