09-06-05V,
All- America City
2001
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: September 6, 2005 Time: 7:30 PM
Next Regular Meeting Date: September 20, 2005 Time: 7:30 PM
Special Meeting (Vt Budget Hearing): September 13 Time: 7:30 PM
Special Meeting (2nd Budget Hearing): September 27 Time: 7:30 PM
6130 Sunset Drive, South Miami, Florida Phone: (305) 663 -6340
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. Presentations 7 :00 p.m.
(NONE)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
a) Minutes of August 2, 2005
b) Minutes of August 16, 2005
c) Minutes of August 30, 2005
2. City Manager's Report:
a) Report on Hurricane Katrina Expenditures
3. City Attorney's Report
REGULAR CITY COMMISSION 1
AGENDA - September 6, 2005
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 AGREEMENT WITH LEON'S ENGINEERING
CORP. FOR CITYWIDE WATERMAIN EXTENSION - AREA 1
CONSTRUCTION IN AN AMOUNT OF $288,892.00 TO BE
CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT
GRANT ACCOUNT NOS. 106 -1710- 536 -6432 AND 106 -1710-
536 -6434; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
LEON'S ENGINEERING CORP FOR CITYWIDE WATERMAIN EXTENSION IN AN AMT OF
$288,892 TO BE CHARGED TO SO FL WATER MANAGEMENT DISTRICT GRANT ACCTS
W /CURRENT BAL /$190,940 & $205,000, RESPECTIVELY)
(City Manager)
S. 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 MANOR LANE DRAINAGE & TRAFFIC IMPROVEMENTS
CONSTRUCTION IN AN AMOUNT OF $257,724.85 TO BE
CHARGED TO PEOPLE'S TRANSPORTATION TAX FUND AND
STORMWATER TRUST FUND ACCOUNT NUMBERS 124- 1730 -541-
3450 AND 111 -1730- 541 -6490 RESPECTIVELY; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
TJ PAVEMENT FOR MANOR LA DRAINAGE & TRAFFIC IMPROVEMENTS IN AN AMT OF
$257,724.85 TO BE CHARGED TO THE PEOPLE'S TRANSPORTATION TAX AND
STORMWATER TRUST FUND ACCTS W /CURRENT BAL$120,000.00 & $194,891.29
RESPECTIVELY)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CLAIMS;
APPROVING A SETTLEMENT AGREEMENT IN THE STATE COURT
LITIGATION ENTITLED "MARIA ANDUIZA V. CITY OF SOUTH
MIAMI;" AUTHORIZING THE CITY MANAGER TO RE- ALLOCATE
THE APPROPRIATE FUNDING AND TO ISSUE PAYMENT IN THE
AMOUNT OF $40,000 TO PLAINTIFF'S ATTORNEY TO BE
CHARGED TO THE SELF INSURANCE FUND SETTLEMENTS
ACCOUNT NUMBER 504.1500.514.9925; PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT
AGREEMENT ENTITLED "MARIA ANDUIZA V. CSM; AND TO ISSUE PAYMENT IN THE
AMT OF $40,000 FROM THE SELF INS FUND SETTLEMENTS ACCT W /CURRENT
BAL$215,722)
(City Attorney)
REGULAR CITY COMMISSION 2
AGENDA - September 6, 2005
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
7. 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. (Deferred 8116105) 3/5
(Commissioner Sherar)
RESOLUTION (S) /PUBLIC HEARING (S)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE
OF A CERTIFICATE OF APPROPRIATENESS FOR EXTERIOR
IMPROVEMENTS TO A DESIGNATED HISTORIC BUILDING LOCATED
AT 6282 SW 56 STREET (CAMBRIDGE LAWNS HISTORIC
DISTRICT) ; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF
APPROPRIATENESS FOR EXTERIOR IMPROVEMENTS TO A DESIGNATED HISTORIC
BUILDING AT 6282 SW 56 ST)
(City Manager)
RESOLUTION (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
ORDINANCE (S) FIRST READING
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CREATING CHAPTER 21,
POWER OF EMINENT DOMAIN, TO ADD THE PROVISION ENTITLED
"USE OF POWER OF EMINENT DOMAIN" WHICH WILL PREVENT
FUTURE CITY COMMISSIONS FROM AUTHORIZING THE FILING OF
EMINENT DOMAIN LAWSUITS WHEN THE END RESULT OF SUCH
ACTION WOULD BE TO SELL THE PROPERTY TO PRIVATE
PARTIES; PROVIDING FOR CODIFICATION, ORDINANCES IN
CONFLICT AND AN EFFECTIVE DATE. 3/5
(Commissioner Wiscombe)
REGULAR CITY COMMISSION 3
AGENDA - September 6, 2005
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A 36 -MONTH COPIER LEASE
AGREEMENT WITH BARLOP BUSINESS SYSTEMS AND ITS LEASING
COMPANY BANC OF AMERICA LEASING, IN THE AMOUNT OF
$29,600.00 PLUS OVERAGES PER YEAR FOR THE NEXT THREE
YEARS; CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER
001- 1320 - 513.4710 TITLED "PRINTING /BINDING /PHOTOCOPY";
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE. 3/5
(City Manager)
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 15 OF
THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI,
RELATING TO THE ESTABLISHMENT OF A PROCEDURE FOR
PUBLIC NUISANCE ABATEMENT; FINDINGS OF THE CITY
COMMISSION; DECLARATION OF PUBLIC NUISANCE; DUTIES OF
THE DIRECTOR OF COMMUNITY DEVELOPMENT; NOTICE TO
OWNER, AGENT OR PERSON IN CONTROL OF ANY PERSONAL OR
REAL PROPERTY UPON WHICH A PUBLIC NUISANCE EXISTS;
APPEAL; DUTIES OF CITY ATTORNEY; RECOVERY OF COST AND
REASONABLE ATTORNEYS FEES; FILING OF LIENS; 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 -2.1 (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
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 4
AGENDA - September 6, 2005