03-15-05MAYOR: Mary Scott Russell CITY MANAGER: Maria V. Davis
VICE MAYOR: Velma Palmer CITY ATTORNEY: Nagin Gallop Figueredo
COMMISSIONER: Randy G. Wistombe CITY CLERK: Maria M. Menendez
COMMISSIONER: Marie Birts- Cooper
COMMISSIONER: Craig Z Sherar
CITE( COMMISSION AGENDA
City Commission Meeting
Meeting date: March 15, 2005 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: April 4, 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.
a) "Women of Vision Wall" presentation of inductee and proclamation;
b) Police Chaplain Rev. Gregory Gaye;
c) Officer of the Month for January, 2005: Detective Kathy Way
d) The Cultural Affairs Council of South Miami presenting the City
with a framed poster of the upcoming ArtSouthMiami Arts Show.
REGULAR CITY COMMISSION 1
AGENDA - March 15, 2005
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of March 1, 2005
2. City Manager's Report:
a. Quarterly Financial Report
3. City Attorney's Report
(NONE)
PUBLIC REMARKS
(5- minute limit)
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
COMMISSION MEETINGS; RESCHEDULING THE APRIL 5, 2005
CITY COMMISSION MEETING TO MONDAY, APRIL 4, 2005;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RESCHEDULING THE 4/05/05 CITY COMMISSION MEETING TO
MONDAY, 4104105)
(Mayor Russell)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO LOAN
REPAYMENT; AUTHORIZING THE CITY MANAGER TO USE AN
AMOUNT NOT TO EXCEED $275,000 FROM THE LOAN PROCEED AS
NEXT PAYMENT FOR THE $6.5 MILLION PARKING GARAGE LOAN
SCHEDULED FOR MAY 1, 2005; PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO USE AN AMT NOT TO
EXCEED $275,000 FROM THE LOAN PROCEED AS NEXT PAYMENT FOR THE
$6.5 MILLION PKG GARAGE LOAN SCHEDULED FOR 511105)
(City Manager)
6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $5,846.00 TO ALL STAR BLEACHERS, INC. FOR
THE PURCHASE OF TWO SETS OF ALUMINUM BLEACHERS FOR
PALMER PARK TO BE CHARGED TO THE FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT ACCOUNT
NUMBER 001.0000.131.2221; PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $5,846.00
TO ALL STAR BLEACHERS FOR THE PURCHASE OF TWO SETS OF 5 -ROW
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AGENDA - March 15, 2005
BLEACHERS FOR PALMER PARK TO BE CHARGED TO THE FLA RECREATION
DEVELOPMENT ASSISTANCE PGM GRANT ACCT W /CURRENT BAL$112,500)
(City Manager)
7. 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 $12,910.89; CHARGING
$12,910.89 TO ACCOUNT NO. 001 - 1500 - 514 -3410, LEGAL
SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.
3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF
$12,910.89, CHARGING THE LEGAL SERVICES NON - RETAINER ACCT
W /CURRENT BAL $36,266.85)
(City Attorney)
UNFINISHED BUSINESS:
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- 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 62 °d AVENUE)
(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
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AGENDA - March 15, 2005
AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE
COUNTY; AND PROVIDING AN EFFECTIVE DATE. 4/5
(Deferred 03101105
(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)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
10. 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)
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF
SOUTH MIAMI PENSION PLAN, PROVIDING FOR ELIGIBILITY
AT DATE OF EMPLOYMENT FOR POLICE OFFICER EMPLOYEES OF
THE CITY OF SOUTH MIAMI; PROVIDING FOR A MINIMUM RATE
OF BENEFIT ACCRUAL FOR POLICE OFFICER EMPLOYEES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
(Deferred 12/07/04) 3/5
(City Manager)
RESOLUTION (S) /PUBLIC HEARING (S)
(NONE)
RESOLUTION (S)
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AGENDA - March 15, 2005
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CALLING ON THE MIAMI -
DADE BOARD OF COUNTY COMMISSIONERS TO OPPOSE ANY
EXTENSION TO THE URBAN DEVELOPMENT BOUNDARY AT THE
PRESENT TIME, TO ENCOURAGE INFILL DEVELOPMENT AND
ADHERENCE TO THE COUNTY DEVELOPMENT MASTER PLAN AS
CURRENTLY ADOPTED, INCLUDING THE ADOPTED 2003
EVALUATION AND APPRAISAL REPORT; PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION TO OPPOSE ANY EXTENSION TO THE URBAN DEVELOPMENT
BOUNDARY AT THE PRESENT TIME TO ENCOURAGE INFILL DEVELOPMENT AND
ADHERENCE TO THE COUNTY DEVELOPMENT MASTER PLAN AS CURRENTLY
ADOPTED, INCLUDING THE ADOPTED 2003 EVALUATION & APPRAISAL
REPORT)
(Mayor Russell)
ORDINANCE (S) FIRST READING PUBLIC
HEARING (S)
ORDINANCE (S) FIRST READING
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO VAN SMITH
PARK LOAN; AUTHORIZING THE CITY MANAGER TO CLOSE ON
THE TERMS OF AN ARRANGEMENT FOR A 7-YEAR MORTGAGE IN
AN AMOUNT NOT EXCEEDING $567,366.50 PLUS LOAN FEE
WITH SUNTRUST BANK, UTILIZING FUNDS FROM THE CITY
GENERAL FUND BUDGET TO REPAY THE LOAN ANNUALLY;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE. 3/5
(City Manager)
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASE OF
CITY PROPERTY; PROVIDING FOR LONG -TERM MANAGEMENT
AGREEMENT WITH MONTANA /MCLEAN TENNIS, INC. FOR TENNIS
SERVICES AT DANTE FASCELL PARK; 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
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AGENDA - March 15, 2005
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.
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AGENDA - March 15, 2005