07-19-05MAYOR: Mary Scott Russell CITY MANAGER: Maria V. Davis
VICE MAYOR: Velma Palmer CITY ATTORNEY: Nagin Gallop Figueredo
0MMISSIONER: Randy G. Wiscombe CITY CLERK: Maria M. Menendez
20MMISSIONER: Marie Birts- Cooper
COMMISSIONER: Craig Z. Sherar
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: July 19, 2005 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: July 26, 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.
(NONE)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
a) Minutes of June 7, 2005
b) Minutes of June 14, 2005
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AGENDA -July 19, 2005
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 $22,925.00 TO LEADEX CORPORATION FOR REPAIR
AND RENOVATION OF THE TENNIS RESTROOM AND PRO SHOP
BUILDING AT DANTE FASCELL PARK; TO BE CHARGED TO THE
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
(FRDAP) GRANT ACCOUNT NUMBER 001.0000.115.7022;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $22,925 TO
LEADEX CORP FOR REPAIR & RENOVATION OF THE TENNIS RESTROOM & PRO SHOP
BLDG AT DANTE FASCELL PK; TO BE CHARGED TO THE FLA RECREATION DEVELOP.
ASSIST. PGM GRANT ACCT W /CURRENT BAL$25,697)
(City Manager)
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $19,500.00 TO A. PALMER ROOFING, INC. FOR
REPAIR AND RENOVATION OF THE BUILDING ROOFS 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 $19,500 TO A.
PALMER ROOFING FOR REPAIR AND RENOVATION OF THE BUILDING ROOFS AT
PALMER PARK TO BE CHARGED TO THE FLA RECREATION DEVELOP. ASSIST. PGM
GRANT ACCT W /CURRENT BAL $137,109)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -
DADE COUNTY POLICE BENEVOLENT ASSOCIATION AND THE
CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, AND
AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
3 -YR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY PBA
AND THE CSM)
(City Manager)
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AGENDA - JUly 19, 2005
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A SERVICE WORK ORDER TO MILIAN SWAIN
& ASSOCIATES, INC (MSA) FOR PROFESSIONAL ENGINEERING
SERVICES FOR SURVEYING & TESTING, DESIGN, BID AND
CONSTRUCTION PHASE SERVICES FOR THE SNAPPER CREEK
DRAINAGE & TRAFFIC CALMING IMPROVEMENTS, IN AN AMOUNT
OF $88,482 TO BE CHARGED TO PEOPLES TRANSPORTATION
TAX ACCOUNT NUMBER 124- 1730 - 541 - 3450; PROVIDING FOR
AN EFFECTIVE DATE 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK
ORDER TO MILIAN SWAIN & ASSOC FOR PROFESSIONAL ENGINEERING SERVICES FOR
THE CONSTRUCTION PHASE SERVICES OF THE SNAPPER CREEK DRAINAGE & TRAFFIC
CALMING IMPROVEMENTS IN THE AMT OF $88,482 TO BE CHARGED TO THE PEOPLES
TRANSPORTATION TAX ACCT W /CURRENT BAL$180,136)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE STREET SWEEPING AGREEMENT WITH
SOUTH FLORIDA MAINTENANCE SERVICES, INC. IN AN AMOUNT
OF $8,875 TO BE CHARGED TO STORMWATER TRUST FUND
ACCOUNT NUMBER 111 -1730- 541 -3450; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A STREET SWEEPING
AGREEMENT WITH SOUTH FLORIDA MAINTENANCE SERVICES IN THE AMOUNT OF
$8,875 TO BE CHARGED TO THE STORMWATER TRUST FUND ACCOUNT W /CURRENT
BAL$8,955)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE SERVICE AGREEMENT WITH STAR BRIGHT
PAINTING CORP. EXTERIOR PAINTING OF CITY HALL IN AN
AMOUNT OF $10,485 TO BE CHARGED TO PUBLIC WORKS
DEPARTMENT'S CONTRACTUAL ACCOUNT NUMBER 001- 1710 -519-
3450; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE
AGREEMENT WITH STAR BRIGHT PAINTING CORP. FOR THE EXTERIOR PAINTING OF
CITY HALL IN THE AMOUNT OF $10,485 TO BE CHARGED TO THE PW'S
CONTRACTUAL ACCOUNT W /CURRENT BAL$10,485)
(City Manager)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH TJ PAVEMENT
CORP. FOR DOWNTOWN DRAINAGE IMPROVEMENTS - PHASE IV
CONSTRUCTION IN AN AMOUNT OF $217,851.15 TO BE
CHARGED TO US DEPARTMENT OF COMMERCE, ECONOMIC
DEVELOPMENT ADMINISTRATION (EDA) GRANT AND THE US
ENVIRONMENTAL PROTECTION AGENCY STATE TRIBAL
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AGENDA - July 19, 2005
ASSISTANCE GRANT (STAG) ACCOUNT NUMBERS 001- 0000 -132-
2062 AND 106- 1721 -536 -6550 RESPECTIVELY; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
TJ PAVEMENT FOR DOWNTOWN DRAINAGE IMPROVEMENTS IN THE AMOUNT OF
$217,851.15 TO BE CHARGED TO THE US DEPT OF COMMERCE ECONOMIC DEVELOP
ADMIN. GRANT AND THE US ENVIRONMENTAL PROTECTION AGENCY STATE TRIBAL
ASSISTANCE GRANT ACCOUNTS W /CURRENT BAL$297,012 & $32,025 RESPECTIVELY)
(City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE
CITY OF FLORIDA CITY POLICE DEPARTMENT FOR GENERAL
AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE
CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO
SECTION 23.1225 (3), FLORIDA STATUTES; AND PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID
AGREEMENT WITH THE CITY OF FLA CITY PD FOR GENERAL & SPECIFIC LAW
ENFORCEMENT DUTIES)
(City Manager)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH
MIAMI -DADE COUNTY TO ACCEPT AND EXPEND BUILDING
BETTER COMMUNITIES BOND FUNDS IN THE AMOUNT OF
$1,343,000.00 FOR THE 'PURPOSE OF ACQUIRING THE YMCA
PROPERTY LOCATED AT 4300 SW 58TH AVENUE; SOUTH MIAMI,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH MIAMI -DADE COUNTY TO ACCEPT AND EXPEND BUILDING BETTER
COMMUNITIES BOND FUNDS IN THE AMOUNT OF $1,343,000 FOR THE PURPOSE OF
ACQUIRING THE YMCA PROPERTY LOCATED AT 4300 SW 58' AVENUE)
(City Manager)
13. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER 'INTO A CONTRACT WITH THE FIRM
OF ADKINS AND ASSOCIATES FOR THE PURPOSE OF
CONDUCTING A PROFESSIONAL RANDOMIZED SURVEY OF SOUTH
MIAMI CITIZENS IN ORDER TO PROVIDE INFORMATION ON
DEVELOPMENT AND CITY SERVICES AS INPUT INTO THE
CITY °S COMPREHENSIVE PLAN EVALUATION AND APPRAISAL
REPORT; APPROVING A CONSULTANT FEE IN THE AMOUNT OF
$15,000; CHARGING $10,000 OF THAT AMOUNT TO ACCOUNT
NO. 001 -1620- 524 -3450, PLANNING DEPARTMENT
CONTRACTUAL SERVICES; AND $5,000 TO ACCOUNT NO. 001-
210- 519 -9920, GENERAL CONTINGENCY; PROVIDING AN
EFFECTIVE DATE. 3/5
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AGENDA - July 19, 2005
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH ADKINS & ASSOC FOR CONDUCTING A PROFESSIONAL SURVEY OF SM
CITIZENS IN ORDER TO PROVIDE INFORMATION ON DEVELOPMENT AND CITY
SERVICES AS INPUT INTO THE CITY'S COMP PLAN EAR; APPROVING A
CONSULTANT FEE IN THE AMT OF $15,000, CHARGING THE PLANNING DEPT
CONTRACTUAL SERVICES AND THE GENERAL CONTINGENCY ACCTS W /CURRENT
BAL$44,605 & $17,783 RESPECTIVELY)
(City Manager)
14. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $5,800.00 TO ARDAMAN & ASSOCIATES, INC. FOR
AN ENVIRONMENTAL ASSESSMENT OF THE YMCA PROPERTY; TO
BE CHARGED TO THE NON- DEPARTMENTAL YMCA DEBT SERVICE
ACCOUNT NUMBER 001.2100.519.9927; PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $5,800 TO
ARDAMAN & ASSOC FOR AN ENVIRONMENTAL ASSESSMENT OF THE YMCA PROPERTY;
TO BE CHARGED TO THE NON - DEPARTMENTAL YMCA DEBT SERVICE ACCT W /CURRENT
BAL$84,000)
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) SECOND READING
15. 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. 3/5
(Approved with amendments on second reading 6107105)
(Commissioners Sherar and Wiscombe)
RESOLUTION (S) /PUBLIC HEARING (S)
(NONE)
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AGENDA - July 19, 2005
RESOLUTION (S)
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING AND
ESTABLISHING NEW PASSPORT, FINGERPRINTING AND
BACKGROUND CHECK SERVICES AND RELATED FEE SCHEDULE;
PROVIDING FOR EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING AND ESTABLISHING NEW PASSPORT, FINGERPRINTING
AND BACKGROUND CHECK SERVICES AND RELATED FEE SCHEDULE)
(City Manager)
17. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PROCEED WITH ESTABLISHING A LANDSCAPED
BUFFER MEDIAN IN COMPLIANCE WITH THE "HOMETOWN PLAN"
AREA 2; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH A LANDSCAPED
BUFFER MEDIAN IN COMPLIANCE WITH THE "HOMETOWN PLAN' AREA 2)
(Mayor Russell)
ORDINANCE (S) FIRST READING PUBLIC HEARINGS)
(NONE)
ORDINANCE (S) FIRST READING
18. 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 EXTERIOR IMPROVEMENTS TO HISTORIC
PROPERTIES FOR A PERIOD OF 10 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)
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE IN ORDER TO ASSIST PROPERTY OWNERS OF
DESIGNATED HISTORIC BUILDINGS BY CREATING SECTION 20-
4.11 ENTITLED "SPECIAL PROVISIONS APPLICABLE TO
DESIGNATED HISTORIC SITES" WHICH PROVISIONS WOULD
MODIFY THE APPLICABILITY OF CERTAIN DEVELOPMENT
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AGENDA - July 19, 2005
REGULATIONS (NON- CONFORMING SIGNS, OFF STREET PARKING
REQUIREMENTS, CONTINUATION OF NON- CONFORMING USES,
VARIANCE APPROVALS) ON DESIGNATED HISTORIC SITES:
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN
INTERLOCAL AGREEMENT WITH .MIAMI -DADE COUNTY TO PROVIDE
CONTROL OF POLLUTANT DISCHARGES BETWEEN MUNICIPAL
SEPARATE STORM SEWER SYSTEMS NAMED IN THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER PERMIT
NO. FLS000003; PROVIDING FOR SEVERABILITY; ORDINANCES
IN CONFLICT; AND AN EFFECTIVE DATE. 3/5
(City Manager)
21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN
PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED
PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY
ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE
ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING
BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING
SPACES AND TO PREPARE NECESSARY`' AMENDMENTS; PROVIDING
THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL
NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND PROVIDING AN 'EFFECTIVE DATE. 3/5
(Mayor Russell)
22. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA
AMENDING THE CODE OF ORDINANCES, CHAPTER 7, BUILDINGS;
BY ADDING SECTIONS 7 -13, SITE DEBRIS AND 7 -14,
HURRICANE' PROTECTION; PROVIDING FOR A SEVERABILITY
CLAUSE 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
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AGENDA - July 19, 2005
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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8