06-14-05MAYOR: 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: June 14, 2005 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: July 19, 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.
1. Co- Officers of the Month of May, 2005
Commander John Barzola
Detective Jose Fermin Lopez
2. Recognizing National Public Works Week sponsors
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AGENDA - June 14, 2005
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
(NONE)
2. City Manager's Report:
3. City Attorney's Report
PUBLIC REMARKS
(5- minute limit)
CONSENT
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $7,044.90 TO MIGUEL LOPEZ, INC. FOR REPAIR AND
RENOVATION OF THE PARKING LOT AT 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 $7,044.90 TO MIGUEL LOPEZ,
INC FOR REPAIR & RENOVATION OF THE PARKING LOT AT PALMER PARK TO BE CHARGED TO
FRDAP GRANT ACCOUNT W/ CURRENT BALANCE OF $144,154.00)
(City Manager)
5. 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 $37,651.94; CHARGING
$37,651.94 TO ACCOUNT NO. 001- 1500 - 514 -3410, LEGAL
SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.
3/5
(A RESOLUTION RELATING TO ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO IN THE AMOUNT
OF $37,651.94 CHARGING THE LEGAL SERVICES, NON- RETAINER ACCT W/ CURRENT BALANCE OF
$64,180.72)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE SOUTH
MIAMI COMMUNITY REDEVELOPMENT AGENCY; APPROVING THE
AGENCY'S RE- FORMATTED BUDGET FOR FY 2004 -05: PROVIDING
AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING THE CRA's RE- FORMATTED BUDGET FOR FY 04 -05)
(City Manager)
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AGENDA - June 14, 2005
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL
PROPERTY; AUTHORIZING THE PURCHASE OF THE PROPERTY
LOCATED AT 4300 SW 58TH AVENUE CONSISTING OF A
RECREATION CENTER AND ADMINISTRATIVE OFFICE BUILDING,
BASKETBALL COURTS, A RACQUETBALL COURT, SWIMMING POOL,
AND APPROXIMATELY 7 ACRES OF OPEN FIELD SPACE, WITH
DEPT SERVICE CHARGED TO THE NON - DEPARTMENTAL DEBT
SERVICE - YMCA ACCOUNT CODE 001.2100.519.9927,
AUTHORIZING THE CITY TO ACCEPT THE DEED TO THE PROPERTY
UPON CLOSING AND REQUESTING TAX EXEMPTION OF THE
PROPERTY; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 4/5
(Deferred 617105)
(City Manager)
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND THE
YMCA OF GREATER MIAMI, INC., FOR THE LEASE BY THE YMCA
OF THE RECREATIONAL FACILITIES LOCATED AT 4300 SW 58TH
AVENUE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 4/5
(Deferred 617105)
(City Manager)
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT
AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 12 -05 -1834
WHICH APPROVED THE DEVELOPMENT AGREEMENT 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 PURPOSE OF THE AMENDMENT IS TO AUTHORIZE
THE ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK
AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AND
AMENDING THE DATE FOR PAYMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
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AGENDA - June 14, 2005
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT
AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 05 -05 -1827
WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A UNIFIED
DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" 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; THE PURPOSE OF THE AMENDMENT IS TO
AUTHORIZE THE ADMINISTRATION TO PROVIDE A SPECIFIC
AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO
THE CITY, AMENDING THE DATE FOR PAYMENT, AND ADJUSTING
THE PHASING OF THE DEVELOPMENT; 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, AUTHORIZING THE CITY
MANAGER TO SIGN A THREE YEAR CONTRACT WITH VERIZON
WIRELESS AS THE POLICE DEPARTMENTS WIRELESS DATA
SERVICE PROVIDER, GENERATING ESTIMATED SAVINGS OF
$19,521 DURING THE TERM OF THE CONTRACT; AND PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PLANNING
BOARD 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 SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
RESOLUTION (S) /PUBLIC HEARING (S)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ACCEPT, IF AWARDED, MONEY FROM THE UNITED
STATES DEPARTMENT OF JUSTICE, JUSTICE ASSISTANCE GRANT
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AGENDA - June 14, 2005
(JAG) FY 2005/07, IN THE AMOUNT OF $12,029.00 FOR THE
PURPOSE OF ENHANCING THE CRIME SUPPRESSION TEAM FOR THE
POLICE DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT, IF AWARDED, MONEY
FROM THE US DEPT OF JUSTICE, JUSTICE ASSISTANCE GRANT IN THE AMT OF
$12,029 FOR ENHANCING THE CRIME SUPPRESSION TEAM FOR THE PD)
(City Manager)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO PETITION OF
ABUTTING PROPERTY OWNERS APPROVING THE VACATION AND
ABANDONMENT OF AN UNIMPROVED RIGHT -OF -WAY PORTION OF SW
60 AVENUE LOCATED BETWEEN SW 79 STREET AVENUE AND SW 80
STREET MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET
FORTH BELOW; SUBJECT TO PROPERTY OWNERS PROVIDING FOR
THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE
ABANDONMENT; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING THE VACATION AND ABANDONMENT OF AN UNIMPROVED
RIGHT -OF -WAY PORTION OF SW 60 AV LOCATED BETWEEN SW 79 ST & SW 80 ST)
(City Manager)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING THE ABANDONMENT
OF AN UNIMPROVED RIGHT -OF -WAY PORTION FOR FUTURE
VEHICLE ACCESS OF SW 50 STREET LOCATED BETWEEN SW 63RD
AVENUE AND THE CORPORATE LIMIT LINE OF THE CITY OF
SOUTH MIAMI; SAID ABANDONMENT SUBJECT TO THE
CONTINUANCE OF THE EXISTING UTILITY EASEMENTS AND
GENERAL PEDESTRIAN ACCESS; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION APPROVING THE VACATION AND ABANDONMENT" OF AN UNIMPROVED
RIGHT -OF -WAY PORTION OF SW 50 ST LOCATED BETWEEN SW 63 AVE AND THE
CORPORATE LIMIT LINE OF THE CITY)
(Commissioner Sherar)
16. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
VARIANCE FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT
CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE
9,927 SQUARE FEET AND LOT FRONTAGE TO BE 95 FEET WHERE
A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED
AND A MINIMUM OF 100 FEET OF LOT FRONTAGE IS REQUIRED
ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SW 71
STREET AND SW 61 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN
THE "MO" MEDIUM - INTENSITY OFFICE ZONING USE DISTRICT;
THE PURPOSE OF THE VARIANCE IS TO PERMIT THE
CONSTRUCTION OF A FOUR STORY MIXED USE BUILDING; AND
PROVIDING FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION TO REQUEST A VARIANCE FROM THE LDC TO ALLOW THE LOT SIZE OF
A BUILDING SITE TO BE 9,927 SQ FT AND A LOT FRONTAGE TO BE 95 FT WHERE
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AGENDA - June 14, 2005
THE MINIMUM ALLOWED IS 10,000 SQ FT AND THE MINIMUM OF FRONTAGE ALLOWED
IS 100 FT, ON THE PROPERTY LOCATED AT NE CORNER OF SW 71 ST & SW 61 AVE)
(City Manager)
RESOLUTION (S)
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA PURSUANT TO LDC SECTION
20 -6.2 RELATING TO AN APPEAL FROM A DECISION OF THE
ENVIRONMENTAL REVIEW AND PRESERVATION BOARD REGARDING
THE APPROVAL OF A NEW MIXED USE BUILDING TO BE LOCATED
AT 7211 SW 62 AVENUE; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO AN APPEAL FROM A DECISION OF THE ERPB REGARDING
THE APPROVAL OF A NEW MIXED USE BUILDING TO BE LOCATED AT 7211 SW 62ND
AVE) .
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC
HEARING (S)
[I" I*j"I
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
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AGENDA —June 14, 2005
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 - June 14, 2005