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08-16-05CITY COMMISSION AGENDA City Commission Meeting Meeting date: August 16, 2005 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: September 6, 2005 Phone: (305) 663 -6340 TIME: 6:30 PM Budget Workshops: August 18, 2005, 7:00 p.m. and August 23, 2005, 7:00 P.M. 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. ERPB APPEAL 6:30 p.m. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, 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 APPROVAL OF A NEW MIXED USE BUILDING AT 7211 SW 62 AVE) (City Manager) REGULAR CITY COMMISSION 1 AGENDA - August 16, 2005 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: a) Minutes of July 26, 2005 2. City Manager's Report: a) Trolley Service Presentation 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 RENEW THE CONTRACT WITH AVMED HEALTHCARE TO PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH MIAMI FULL TIME EMPLOYEES PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH AVMED HEALTHCARE TO PROVIDE GROUP HEALTH INSURANCE FOR THE CITY'S FULL TIME EMPLOYEES) (City Manager) 5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $26,250.85 TO LEADEX CORPORATION FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT AT BREWER PARK; TO BE CHARGED TO THE LAND AND WATER CONSERVATION FUND (LWCF) GRANT ACCOUNT NUMBER 001.0000.131.1461; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $26,250.85 TO LEADEX CORP FOR THE INSTALLATION OF PLAYGROUND EQUIP AT BREWER PK; TO BE CHARGED TO THE LAND & WATER CONSERVATION FUND GRANT ACCT W /CURRENT BAL$177, 480) (City Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CONSTRUCTION PURCHASE ORDER TO H & R PAVING, INC. FOR ROADWAY RESURFACING SERVICES TO BE FUNDED THROUGH THE LOCAL OPTION GAS TAX TRUST FUND ACCOUNT NUMBER 112- 1730 - 541 -3450 IN AN AMOUNT OF $52,000; PROVIDING AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 2 AGENDA - August 16, 2005 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A CONSTRUCTION PO TO H &R PAVING. FOR ROADWAY RESURFACING SERVICES IN THE AMT OF $52,000 TO BE FUNDED THROUGH THE LOCAL OPTION GAS TAX TRUST FUND ACCT W /CURRENT BAL$56, 800) (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 CITY OF OPA LOCKA 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 STATUES; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF OPA LOCAA PD FOR GENERAL & SPECIFIC LAW ENFORCEMENT DUTIES) (City Manager) 8. 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 $28,114.18; CHARGING $28,114.18 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 $28,114.18; CHARGING THE LEGAL, SERVICES NON - RETAINER ACCT W /CURRENT BAL$30, 832) 3/5 (City Attorney) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 9. 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) 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE AMSTER PROPERTIES (AKA DORN BROTHERS' BUILDINGS), LOCATED AT 5900 -5904 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THE REGULAR CITY COMMISSION 3 AGENDA - August 16, 2005 PROPERTY; 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; AMENDING SECTION 20 -3.6 (H) (2) (C) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO MODIFY THE REQUIRED MINIMUM 60% OPEN AREA ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO A RIGHT -OF -WAY; 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 ESTABLISHING GUIDELINES FOR NAMING CITY PROPERTY AND ROADWAYS WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Sherar) 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO; THE AMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE OF ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING LICENSE TAX RATES PURSUANT TO CHAPTER 205 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) RESOLUTION (S) 14. 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 REGULAR CITY COMMISSION 4 AGENDA - August 16, 2005 $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 AND ASSOC FOR 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 EAR; APPROVING A CONSULTANT FEE IN THE AMT OF $15,000; CHARGING THE PLANNING DEPT CONTRACTUAL SVCS, AND THE GENERAL CONTINGENCY ACCTS W /CURRENT BAL$25,905 & $17,660 RESPECTIVELY). (City Manager) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 2004 -2005 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER AS OF THE END OF THE BUDGET YEAR ENDING SEPTEMBER 30, 2005, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST, FROM ONE CITY DEPT TO ANOTHER PURSUANT TO THE CITY CHARTER, AS OF THE END OF THE BUDGET YR ENDING 9130105) (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. " REGULAR CITY COMMISSION 55 AGENDA - August 16, 2005 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 6 AGENDA - August 16, 2005