05-03-05MAYOR: Mary Scott Russell CITY MANAGER: Maria V. Davis
VICE MAYOR: Velma Palmer CITY ATTORNEY: Nagin Gallop Figueredo
ZOMMISSIONER: Randy G. Wiscombe CITY CLERK: Maria M. Menendez
20MMISSIONER: Marie Birts- Cooper
ZOMMISSIONER: Craig Z. Sherar
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: May 3, 2005 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: May 17, 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) City Attorney to speak on Decorum in accordance with
Robert's Rules of Order.
REGULAR CITY COMMISSION 1
AGENDA - May 3, 2005
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
a) Minutes of March 10, 2005
b) Minutes of March 28, 2005
2. City Manager's Report:
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, DECLARING SUPPORT FOR
THE CITY, COUNTY AND LOCAL GOVERNMENT LAW SECTION OF
THE FLORIDA BAR IN PROCLAIMING MAY AS CIVILITY MONTH;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION DECLARING SUPPORT FOR THE CITY, COUNTY AND LOCAL GOVERNMENT
LAW SECTION OF THE FLORIDA BAR IN PROCLAIMING MAY AS CIVILITY MONTH)
(Mayor Russell)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING RALPH ROSADO AND ALFONSO J.
PEREZ TO SERVE ON THE AFFORDABLE HOUSING ADVISORY
COMMITTEE FOR A TERM OF ONE YEAR, ENDING MAY 2, 2006;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING RALPH ROSADO AND ALFONSO J. PEREZ TO SERVE ON
THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM OF ONE YEAR)
(Mayor Russell)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, JOINING THE DADE COUNTY
ASSOCIATION OF CHIEFS OF POLICE TO SUPPORT THE
ADOPTION BY CONGRESS OF AN EFFECTIVE AND COMPREHENSIVE
ASSAULT WEAPONS BAN; AND PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION JOINING THE DADE COUNTY ASSN. OF CHIEFS OF POLICE TO
SUPPORT THE ADOPTION BY CONGRESS OF AN EFFECTIVE & COMPREHENSIVE ASSAULT
WEAPONS BAN) 3/5
(Mayor Russell)
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AGENDA - May 3, 2005
2
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A CONTRACT FOR
LEGAL SERVICES PROVIDED BY CITY ATTORNEY AND LAW FIRM;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING A CONTRACT FOR LEGAL SERVICES PROVIDED BY CITY
ATTORNEY AND LAW FIRM)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO PETITION
OF ABUTTING PROPERTY OWNERS SCHEDULING A PUBLIC
HEARING ON TUESDAY JUNE 7, 2005 AT 7:30 PM ON THE
VACATION AND ABANDONMENT OF AN UNIMPROVED RIGHT -OF -WAY
PORTION OF SW 60 AVENUE LOCATED BETWEEN SW 79 STREET
AND SW 80 STREET; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION IN RESPONSE TO PETITION OF ABUTTING PROPERTY OWNERS
SCHEDULING A PUBLIC HEARING ON TUESDAY, 617105 AT 7:30PM ON THE VACATION
AND ABANDONMENT OF AN UNIMPROVED RIGHT -OF -WAY PORTION OF SW 60 AVE,
LOCATED BETWEEN SW 79 & SW 80 ST)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, SCHEDULING A PUBLIC
HEARING ON TUESDAY 'JUNE 7, 2005 AT 7 :30 PM ON THE
VACATION AND ABANDONMENT OF THE UNIMPROVED RIGHT -OF-
WAY PORTION OF SW 50 STREET LOCATED WEST OF SW 63'
AVENUE; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION SCHEDULING A PUBLIC HEARING ON TUESDAY, 617105 AT 7:30PM
ON THE VACATION AND ABANDONMENT OF THE UNIMPROVED RIGHT -OF -WAY PORTION
OF SW 50 ST, LOCATED WEST OF SW 63' AVE)
(Commissioner Sherar)
ORDINANCE (S) SECOND READING
PUBLIC HEARING (S)
(NONE)
RESOLUTION (S) /PUBLIC HEARING (S)
10. 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 TWO GENERAL
RESTAURANTS IN THE "SR (HD -OV)" SPECIALTY RETAIL
HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY
LOCATED AT 7301 SW 57th COURT; PROVIDING FOR AN
EFFECTIVE DATE. 4/5
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AGENDA - May 3, 2005
(A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE (2) GENERAL
RESTAURANTS AT 7301 SW 57' COURT)
(City Manager)
RESOLUTION (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC
HEARING S)
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING AD VALOREM TAX
EXEMPTIONS FOR IMPROVEMENTS TO HISTORIC PROPERTIES FOR
A PERIOD OF TEN YEARS; ESTABLISHING REQUIREMENTS AND
PROCEDURES; DESIGNATING THE CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD TO REVIEW AND REPORT ON
APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
ORDINANCE (S) FIRST READING
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE
CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY REVISING
CHAPTER 11 (GARBAGE & TRASH), SECTION 11 -21(B)
ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION -
DOMESTIC TRASH IN ORDER TO ALLOW THE PLACEMENT OF
LAWN AND YARD CLIPPINGS AT THE CURB FOR COLLECTION
MORE THAN TWENTY -FOUR (24) HOURS PRIOR TO THE
SCHEDULED PICKUP DAY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. (Deferred 3110105) 3/5
(Commissioners Sherar and Wiscombe)
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 - May 3, 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 - May 3, 2005