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04-19-05MAYOR: 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 19, 2005 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: May 3, 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 - 5 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. REGULAR CITY COMMISSION AGENDA - April 19, 2005 South Miami Z All-AmedcaCily . . . ...... 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: April 19, 2005 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: May 3, 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 - 5 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. REGULAR CITY COMMISSION AGENDA - April 19, 2005 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Minutes of April 4, 2005 2. City Manager's Report: a) Deferred City Business Agenda Items. b) Code Enforcement Issues. 3. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT 4. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T.J. PAVEMENT CORP. FOR NORTHEND DRAINAGE & TRAFFIC IMPROVEMENTS PHASE II CONSTRUCTION IN AN AMOUNT OF $279,473.10 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) GRANT AND THE PEOPLE'S TRANSPORTATION PLAN (PTP) ACCOUNT NUMBERS 001 - 0000 - 132 -2057 AND 124 -1730- 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TJ PAVEMENT FOR NORTHEND DRAINAGE & TRAFFIC IMPROVEMENTS IN AN AMT OF $279,473.10 TO BE CHARGED TO SO FL WATER MANAGEMENT DISTRICT GRANT & THE PEOPLE'S TRANSPORTATION PLAN ACCTS WITH A CURRENT BAL $185,222.35 & $287,877.22 RESPECTIVELY) (City Manager) S. 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 $18,958.30; CHARGING $18,958.30 TO ACCOUNT NO. 001 - 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $18,958.30 CHARGING THE LEGAL SERVICES, NON- RETAINER ACCT WITH A CURRENT BAL/$22,680) 3/5 (City Attorney) REGULAR CITY COMMISSION AGENDA - April 19, 2005 2 RESOLUTION (S) /PUBLIC HEARING (S) 6. 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 62n' AVENUE IN THE "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE 5); PROVIDING FOR AN EFFECTIVE DATE. (Deferred 4104105) 4/5 (A RESOLUTION FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A 6 -STORY BUILDING AT 7150 -7160 SW 62m AVE IN TODD (MU -5) DISTRICT) (City Manager) RESOLUTION (S) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REQUESTING THE PLANNING BOARD TO CONSIDER AND RECOMMEND UPON A REVISION RELATED TO THE APPOINTMENT OF PLANNING BOARD MEMBERS BY AMENDING SECTION 20-6.1(B) (1) (b) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO PROVIDE FOR STAGGERED APPOINTMENT TERMS FOR PLANNING BOARD MEMBERS; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION REQUESTING THE PLANNING BD TO CONSIDER AND RECOMMEND UPON A REVISION RELATED TO THE APPOINTMENT OF PLANNING BD MEMBERS TO PROVIDE FOR STAGGERED APPOINTMENT TERMS) (Mayor Russell) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 8. 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 (City Manager) 9. 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 REGULAR CITY COMMISSION 3 AGENDA - April 19, 2005 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) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) 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 4 AGENDA - April 19, 2005