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04-04-05MAYOR: 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: April 4, 2005, Time: 7:30 PM Next Special Meeting Date: April 9, 2005, Time: 9:30 AM Next Regular Meeting Date: April 19, 2005 7:30 PM 6130 Sunset Drive, South Miami, FL, 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. (NONE) REGULAR CITY COMMISSION 1 AGENDA - April 4, 2005 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. a) Minutes of March 1, 2005 (Deferred 3115105) b) Minutes of March 15, 2005 2. City Manager's Report: a) Deferred City Business Agenda Items. b) Legislative Requests 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 EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR SURVEYING &TESTING, FINAL DESIGN, BID AND CONSTRUCTION PHASE SERVICES FOR DOWNTOWN DRAINAGE IMPROVEMENTS PHASE IV (SW 58TH AVENUE FROM SUNSET DRIVE TO US1 AND SW 71ST STREET FROM SW 58TH AVENUE TO US1) , IN AN AMOUNT OF $65,940.00 TO BE CHARGED TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT ACCOUNT NUMBERS 001 - 0000 -132 -2061 & 001- 0000 - 131 -2111; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO C3TS FOR SURVEYING & TESTING, FINAL DESIGN, BID & CONSTRUCTION SERVICES FOR DOWNTOWN IMPROVEMENTS IN AN AMT OF $65,940 TO BE CHARGED TO THE US ENVIRONMENTAL PROTECTION AGENCY GRANT ACCTS W /CURRENT BAL$6,343 & $130,000 RESPECTIVELY) (City Manager) 5. 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 MIAMI -DADE COUNTY FOR THE CHURCH STREET IMPROVEMENTS - PHASE II GRANT AWARD OF $100,000 THROUGH THE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI -DARE COUNTY FOR THE CHURCH ST IMPROVEMENTS- REGULAR CITY COMMISSION 2 AGENDA - April 4, 2005 PH I GRANT AWARD OF $100,000 THRU THE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT) (City Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO HJ ROSS FOR SURVEYING, ENGINEERING DESIGN, PERMITTING, BID AND CONSTRUCTION PHASE SERVICES FOR THE CITY -WIDE WATER MAIN EXTENSION - AREA 1 IN AN AMOUNT OF $59,060.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106- 1710 -536- 6431 & 106 -1710- 536 -6432; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO HJ ROSS FOR SURVEYING, ENGINEERING DESIGN, PERMITTING, BID AND CONSTRUCTION SERVICES FOR THE CITYWIDE WATERMAIN EXTENSION AREA 1 IN AN AMT OF $59,060 TO BE CHARGED TO THE SO FL WATER MANAGEMENT DISTRICT GRANT ACCT WITH CURRENT BAL$45, 000 & 205,000 RESPECTIVELY) 3/5 (City Manager) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY MIAMI -DADE WATER & SEWER DEPARTMENT FOR WATER SERVICE CONNECTION WITHIN DOWNTOWN INFRASTRUCTURE IMPROVEMENT PROJECT (SW 73' STREET) AND SW 72ND STREET (SUNSET DRIVE), IN AN AMOUNT OF $38,377.65 TO BE CHARGED TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT ACCOUNT NUMBER 001 - 0000 - 131 -2111; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY MIAMI -DADE WATER & SEWER DEPT FOR WATER SERVICE CONNECTION WITHIN DOWNTOWN INFRASTRUCTURE IMPROVEMENT ON SW 73RD 72"D ST TO BE CHARGED TO THE US ENVIRONMENTAL PROTECTION AGENCY GRANT ACCT WITH A CURRENT BAL /$130, 000) (City Manager) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING NOTIFICATION OF AN EMERGENCY AIR CONDITION SYSTEM PURCHASED FOR THE FINANCE DEPARTMENT IN AN AMOUNT OF $5,675 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001- 1710 -519- 3450; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION PROVIDING NOTIFICATION OF AN EMERGENCY A/C SYSTEM FOR THE FINANCE DEPT IN AN AMT OF $5, 675 TO BE CHARGED TO THE PW DEPT ACCT W /CURRENT BAL$ 18,880) (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND REGULAR CITY COMMISSION 3 AGENDA - April 4, 2005 COMMITTEES; APPOINTING JENNIFER ROIG TO SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING APRIL 3, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING JENNIFER ROIG TO SERVE ON THE COMMISSION FOR WOMEN FOR A 2 -YR TERM ENDING 4/3/07) (Mayor Russell) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING OFFICER ERIC FULTON AND LT. BRUCE H. ROSS TO SERVE ON THE PENSION BOARD FOR AN UNEXPIRED TERM ENDING MARCH 3, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING OFFICER ERIC FULTON AND LT. BRUCE H. ROSS TO SERVE ON THE PENSION BOARD FOR AN UNEXPIRED TERM ENDING 3/03/06) (Mayor Russell) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $11,457.13 CHARGING ACCOUNT NO. 2100- 519 -3440, CONSULTANT LABOR ATTORNEY; PROVIDING FOR EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO ATTORNEYS FEES FOR AKERMAN SENTERFITT IN THE AMT OF $11,457.13; CHARGING THE CONSULTANT LABOR ATTY ACCT W /CURRENT BAL$44,320.90) (City Attorney) UNFINISHED BUSINESS: ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 12. 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 CHANGING THE ZONING USE DISTRICT FROM "TODD (MU -4)", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY; PROVIDING FOR REGULAR CITY COMMISSION 4 AGENDA - April 4, 2005 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (Deferred 11116104 & 03/07/05; Tabled 3128105) (City Manager) 13. 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 PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING A MASTER SITE PLAN AND DEVELOPMENT PROGRAM FOR CERTAIN PROPERTY IN A "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING DISTRICT MORE SPECIFICALLY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE, AND URBAN DESIGN ISSUES, AND CONSTRUCTION OF APPROPRIATE PUBLIC INFRASTRUCTURE AND LANDSCAPING; AND PROVIDING AN EFFECTIVE DATE. Deferred 11116104 & 03107105) 4/5 (A RESOLUTION APPROVING A MASTER SITE PLAN AND DEVELOPMENT PROGRAM IN A `PUD' ZONING DISTRICT AT 6600 -6640 SW 57 AVE AND 5757 SW 68 ST) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 15. 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. 4/5 (City Manager) REGULAR CITY COMMISSION 55 AGENDA - April 4, 2005 RESOLUTION (S) /PUBLIC HEARING (S) 16. 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. (Deferred 03115105) 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 621d AVENUE) (City Manager) RESOLUTION (S) (NONE) ORDINANCE (S) FIRST READING PUBLIC HEARING S) 17. 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 57th 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. 4/5 (Deferred 2- 15 -05) (City Manager) ORDINANCE (S) FIRST READING 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A FINANCE AGREEMENT WITH FIRST NATIONAL BANK OF SOUTH MIAMI FOR THE PURCHASE OF EIGHT FORD CROWN VICTORIA POLICE PURSUIT VEHICLES PREVIOUSLY APPROVED BY RESOLUTION #177 -04 -22956 DATED NOVEMBER 1ST 2004, PROVIDING FOR AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 6 AGENDA - April 4, 2005 (City Manager) 19. 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 AN INCENTIVE FOR RETIREMENT FOR CERTAIN POLICE OFFICER EMPLOYEES OF THE CITY OF SOUTH MIAMI TO INCLUDE A RULE OF SEVENTY (70), WITHIN A SPECIFIED PERIOD OF TIME; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR 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 7 AGENDA - April 4, 2005 M, '- NOTICE IS;HER Tuesday ApnF 5;. and, uvill .be, til .. beginning at 73Q:K Chambers, 6130 J Florida: -Vila iainvite PlY ,Maria .-u-rsu ntlo Statute Oubljqthat. jf` a: persorvd6dii Board,- Agericy q(,qqmm qso 'ants meeting or ,:hearing,:. ,--propppdings,,,A,nd'that foe'sO ensure that. A�,v6rbatlm 46c record includes es t :2to be:basdd.`,`."