07-26-05MAYOR: 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: July 26, 20056130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: August 2, 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) Certificates of Completion of the Institute for Elected
Municipal Officials presented to: Vice Mayor Palmer and
Commissioner Birts- Cooper.
2) Proclamation for Officer Henry Guzman being selected by the
Florida Police Chiefs Association for the "Lee McGehee Officer
of the Year Award."
3) Officer of the Month award for the month of June: Detectives
Richard Munoz and Joseph Duran.
REGULAR CITY COMMISSION l
AGENDA - July 26, 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 MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH HOMESTEAD
CONCRETE & DRAINAGE, INC. FOR CHURCH STREET
IMPROVEMENTS — PHASE II CONSTRUCTION IN AN AMOUNT OF
$215,114.40 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE
OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) ACCOUNT
NUMBERS 001- 0000 -131 -1456 AND 001 - 0000 - 131 -1416 AND
U.S. EPA STAG GRANT WITH ACCOUNT NUMBER 106- 1721 -536-
6550; PROVIDING FOR AN EFFECTIVE DATE. 3/5
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
HOMESTEAD CONCRETE & DRAINAGE FOR CHURCH ST IMPROVEMENTS IN THE AMT OF
$215,114 TO BE CHARGED TO THE OCED ACCTS WITH A CURRENT BAL /$91,000,
$96,000 & $32,025 RESPECTIVELY)
(City Manager)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SPECIAL
MASTER SERVICES; RE- APPOINTING ENRIQUE ZAMORA, ESQ.;
CAROLYN Y. HOWARD, ESQ., AND MAURICE DONSKY, ESQ. AS
SPECIAL MASTERS FOR THE CITY OF SOUTH MIAMI AT A RATE
OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED
TO ACCOUNT #001- 0000 - 341 -9040 ENTITLED "CODE
ENFORCEMENT FINES REVENUE ACCOUNT "; AND PROVIDING AN
EFFECTIVE DATE. 3/5
A RESOLUTION RE- APPOINTING ENRIQUE ZAMORA, CAROLYN HOWARD AND MAURICE
DONSKY AS SPECIAL MASTERS FOR THE CITY AT A RATE OF $100 1HR; EXPENSES TO
BE CHARGED TO THE CODE ENFORCEMENT FINES REVENUE ACCT W /CURRENT
BAL$57, 700)
(City Manager)
REGULAR CITY COMMISSION 2
AGENDA - July 26, 2005
6. 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 H.J. ROSS FOR
PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION
PHASE OF THE CHURCH STREET IMPROVEMENTS - PHASE II, IN
AN AMOUNT OF $18,548.00 TO BE CHARGED TO MIAMI -DADE
COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT
(OCED) GRANT ACCOUNT NUMBER 001 - 0000 - 131 -1416;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER
TO H.J. ROSS FOR PROFESSIONAL ENGINEERING SERVICES FOR CHURCH ST
IMPROVEMENTS IN THE AMT OF $18,548 TO BE CHARGED TO THE OCED GRANT ACCT
WITH A CURRENT BAL /$96,000)
(City Manager)
7. 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
FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE) 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; PROVIDING
FOR EFFECTIVE DATE 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID
AGREEMENT WITH THE FLA DEPT OF LAW ENFORCEMENT (FDLE) FOR GENERAL AND
SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CSM POLICE DEPT)
(City Manager)
8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
SUBMIT A GRANT APPLICATION FOR FUNDING THROUGH THE
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR
THE ACQUISITION OF THE DISON PROPERTY; PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION
FOR FUNDING THROUGH THE FL RECREATION DEVELOP. ASSIST. PGM FOR THE
ACQUISITION OF THE DISON PROPERTY)
(City Manager)
9. 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 $27,666.78; CHARGING
$27,666.78 TO ACCOUNT NO. 001- 1500 -514 -3410, LEGAL
SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $27,666.78;
CHARGING THE LEGAL SERVICES NON - RETAINER ACCT)
(City Attorney)
REGULAR CITY COMMISSION 3
AGENDA - July 26, 2005
10. 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 $6,169.00;
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 $6,169; CHARGING THE CONSULTANT LABOR ATTORNEY ACCT W /CURRENT
BAL$22,874)
(City Attorney)
ORDINANCE (S) SECOND 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 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)
12. 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
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)
13. 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
REGULAR CITY COMMISSION 4
AGENDA - July 26, 2005
NO. FLS000003; PROVIDING FOR SEVERABILITY; ORDINANCES
IN CONFLICT; AND AN EFFECTIVE DATE. 3/5
(City Manager)
14. 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)
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 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 SEVERABILITY, PROVIDING FOR ORDINANCES
IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
RESOLUTION (S) /PUBLIC HEARINO (S)
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- 3.5(G) OF THE LAND
DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING
SITE TO BE 5,618 SQUARE FEET WHERE A MINIMUM LOT SIZE
OF 10,000 SQUARE FEET IS REQUIRED; A VARIANCE FROM
SECTION 20- 4.4(E)(7)(B) OF THE LAND DEVELOPMENT CODE
TO ALLOW EXISTING PARKING SPACES TO BE WITHIN 15 FEET
OF AN INTERSECTION AND TO BACK OUT INTO A PUBLIC
RIGHT -OF -WAY; A VARIANCE FROM THE PARKING SPACE
DIMENSIONAL REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF
THE LAND DEVELOPMENT CODE TO PERMIT 2 FEET 6 INCHES OF
ABUTTING LANDSCAPE WHERE 5 FEET IS REQUIRED; ALL ON
PROPERTY LOCATED AT 7001 SW 61 AVENUE, SOUTH MIAMI,
FLORIDA, WITHIN THE `HMO" MEDIUM- INTENSITY OFFICE
ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO
PERMIT THE CONSTRUCTION OF A NEW 'THREE STORY MIXED USE
REGULAR CITY COMMISSION 5 AGENDA - July 26, 2005
BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR A VARIANCE TO ALLOW A LOT SIZE TO BE 5,618 SQ FT WHERE
A MINIMUM REQUIRED IS 10,000 SQ FT, A VARIANCE TO ALLOW EXISTING PARKING
SPACES TO BE WITHIN 15 FT OF AN INTERSECTION A VARIANCE FROM THE
PARKING SPACE DIMENSIONAL REQUIREMENT TO PERMIT 2 FT 6 INCHES OF
ABUTTING LANDSCAPE WHERE 5 FT IS REQUIRED; ALL ON PROPERTY LOCATED AT
7001 SW 61 AVE, FOR THE CONSTRUCTION OF A NEW 3 -STORY MIXED USE
BUILDING)
(City Manager)
RESOLUTION (S)
17. 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. (Deferred 7119105) 3/5
(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)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PERMITTED
USE SCHEDULE BY AMENDING SECTION 20- 3.3(D) AND SECTION
20- 3.4(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN
ORDER TO ALLOW PET DAY CARE CENTERS AS A SPECIAL USE
IN THE MO, GR, TODD(MU -4), TODD(MU -5), AND TODD (LI -4)
ZONING DISTRICTS PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE. 4/5
(City Manager)
REGULAR CITY COMMISSION 6
AGENDA - July 26, 2005
ORDINANCE (S) FIRST READING
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATING
SECTION 20- 3.6(S) OF THE CITY °S LAND DEVELOPMENT CODE
RELATING TO STORAGE OF RECREATIONAL VEHICLES IN ORDER
TO FURTHER REGULATE ACCESSORY STORAGE OF SAME;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND 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. I (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
AGENDA - July 26, 2005