03-01-05MAYOR: 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: March 1, 2005 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: March 15, 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
AGENDA - March 1, 2005
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2001
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: March 1, 2005 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: March 15, 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
AGENDA - March 1, 2005
1
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of February 15, 2005
2. City Manager's Report:
a) Request to schedule dates for a minimum of (2) Special City
Commission meetings to accommodate deferred City business
agenda items.
b) Selection of date to schedule a workshop on the After - School
Program.
c) Selection of date to schedule an executive session.
d) Request to move the first City Commission meeting in April to
Monday, April 4, 2005 to accommodate for "Dade Legislative Days."
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, 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. (Deferred 2- 15 -05) 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)
S. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE AND ADJUST AMOUNTS OF OPEN PURCHASE
ORDERS PREVIOUSLY AUTHORIZED BY RESOLUTION TO VENDORS
WITH WHOM EXPENDITURES EXCEED THE $5,000 LIMIT FOR THE
CURRENT FISCAL YEAR AS OUTLINED IN THE CITY CHARTER;
CHARGING THE DISBURSEMENTS TO THE CORRESPONDING
DEPARTMENT EXPENSE ACCOUNTS AS APPROVED IN THE
REGULAR CITY COMMISSION 2
AGENDA - March 1, 2005
2004 /2005 ADOPTED BUDGET; AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE AND ADJUST
AMOUNTS OF OPEN POs PREVIOUSLY AUTHORIZED BY RESOLUTION TO VENDORS
WITH WHOM EXPENDITURES EXCEED THE $5,000 LIMIT FOR THE CURRENT FY)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH SRS CONSTRUCTION,
INC. FOR FIVE -POINT INTERSECTION RECONSTRUCTION IN AN
AMOUNT OF $18,540 TO BE CHARGED TO PUBLIC WORKS
DEPARTMENT ENGINEERING & CONSTRUCTION DIVISION AND
LOCAL OPTION GAS TAX TRUST FUND ACCOUNT NUMBERS 001-
1790- 519 -3450 AND 112 -1730- 541 -3450 RESPECTIVELY;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH SRS CONST. FOR 5 -POINT INTERSECTION RECONSTRUCTION
IN AN AMT OF $18,540 TO BE CHARGED TO PW's DEPT ENG & CONST. DIV.
AND LOCAL OPTION GAS TAX TRUST FUND ACCTS WITH A CURRENT /BAL
$9,214 & $54,436 RESPECTIVELY)
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO SIGN A TWO YEAR CONTRACT WITH BELLSOUTH AS
OUR LONG DISTANCE SERVICE PROVIDER, GENERATING
ESTIMATED SAVINGS OF $12,000.00 DURING THE TERM OF THE
CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A 2 -YR
CONTRACT WITH BELLSOUTH AS OUR LONG DISTANCE SERVICE PROVIDER,
GENERATING ESTIMATED SAVINGS OF $12,000 DURING THE TERM OF THE
CONTRACT)
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(NONE)
RESOLUTION (S) /PUBLIC HEARING (S)
8. 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 "PROJECT SUNSET" A
UNIFIED DEVELOPMENT PROJECT IN THE "SR(HD -OV)"
SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING
DISTRICT TO PERMIT: (1) A SPECIAL EXCEPTION TO
REGULAR CITY COMMISSION 3
AGENDA - March 1, 2005
SECTIONS 20 -7.7B AND 20 -7.9B IN ORDER TO ALLOW A
TOTAL LOT COVERAGE OF 72.29% OR 139,435 SQUARE FEET
WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE AND 60,000
SQUARE FEET; (2) A SPECIAL EXCEPTION TO SECTION 20-
7.9B TO ALLOW FOUR BANK DRIVE -THRU LANES WHICH EXCEED
THE MAXIMUM PERMITTED TWO BANK DRIVE -THRU LANES; ALL
FOR PROPERTY GENERALLY LOCATED AT 5750 ,SUNSET DRIVE
AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45,
53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51
AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF
THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; AND
PROVIDING AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR TWO SPECIAL EXCEPTIONS TO THE LDC FOR A
DEVELOPMENT CALLED "PROJECT SUNSET" FOR PROPERTY GENERALLY
LOCATED AT 5750 SUNSET DR)
(City Manager)
9. 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 A SPECIAL USE APPROVAL TO LOCATE FOUR
GENERAL RESTAURANTS AS PART OF "PROJECT SUNSET" A
UNIFIED DEVELOPMENT WITHIN THE "SR (HD -OV)"
SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING
DISTRICT ALL FOR PROPERTY LOCATED GENERALLY AT 5750
SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,
40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET
OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3
AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE
COUNTY; AND PROVIDING AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE FOUR GENERAL
RESTAURANTS AS PART OF A DEVELOPMENT CALLED "PROJECT SUNSET" FOR
PROPERTY GENERALLY LOCATED AT 5750 SUNSET DR)
(City Manager)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT
CODE FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A
LARGE SCALE DEVELOPMENT USE (SIX STORY MIXED USE
MEDICAL OFFICE / RETAIL) BUILDING AT 7150 -7160 SW 62nd
AVENUE IN THE "TODD (MU -5) TRANSIT ORIENTED
DEVELOPMENT DISTRICT (MIXED USE 5); AND PROVIDING
FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A LARGE
SCALE DEVELOPMENT USE (6 -STORY MIXED USE MEDICAL OFFICE
RETAIL) BUILDING AT 7150 -7160 SW 62nd AVENUE)
REGULAR CITY COMMISSION 4
AGENDA - March 1, 2005
(City Manager)
RESOLUTION (S)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, OPPOSING THE
ESTABLISHMENT BY MIAMI -DADE COUNTY OF A POLICY
REGARDING INCORPORATION AND ANNEXATION OF COMMERCIAL,
BUSINESS, OR INDUSTRIAL (CBI) AREAS WHICH, IF ADOPTED,
WOULD BE INEQUITABLE TO EXISTING AND FUTURE
MUNICIPALITIES, IMPOSSIBLE TO IMPLEMENT, AND NOT IN THE
BEST INTEREST OF THE COMMUNITY AT- LARGE; AND PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION OPPOSING THE ESTABLISHMENT BY MIAMI -DADE COUNTY OF A
POLICY REGARDING INCORPORATION AND ANNEXATION OF COMMERCIAL,
BUSINESS, OR INDUSTRIAL AREAS WHICH, IF ADOPTED, WOULD BE
INEQUITABLE TO EXISTING AND FUTURE MUNICIPALITIES, IMPOSSIBLE TO
IMPLEMENT, AND NOT IN THE BEST INTEREST OF THE COMMUNITY AT- LARGE)
(Mayor Russell)
ORDINANCE(S) FIRST READING PUBLIC HEARING(S)
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT
AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221
FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT
SUNSET" WHICH WILL INCLUDE THREE BUILDINGS UP TO
FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES:
106 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES,
OFFICE USES, RESTAURANTS, BANK AND A PARKING GARAGES;
ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU
45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS
51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198
OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
ORDINANCE (S) FIRST READING
REGULAR CITY COMMISSION 5
AGENDA - March 1, 2005
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS; AND
CREATING SEC. 2 -26.11 ENTITLED "THE AFFORDABLE
HOUSING ADVISORY BOARD "; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5
(Vice Mayor Palmer)
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 6
AGENDA - March 1, 2005