10-05-05,1 � x
South Miami
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2001
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: October 5, 2005 Time: 6:30 PM
Next Regular Meeting Date: October 18, 2005 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. 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 SIGNAGE
INSTALLATION TO BE LOCATED AT 6220 SOUTH DIXIE
HIGHWAY; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO AN APPEAL FROM A DECISION OF THE ERPB
REGARDING THE APPROVAL OF A SIGNAGE INSTALLATION AT 6220 S DIXIE HWY)
(City Manager)
E. Presentations:
a) Proclamation for "Domestic Violence Awareness Month"
b) Ms. Jane Wilson to speak about donating a sculpture (The
Bakery Icon) belonging to the Fuchs Family.
REGULAR CITY COMMISSION 1
AGENDA - October 5, 2005
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
a) Minutes of September 13, 2005
2. City Manager's Report:
a) Report on Hurricane Katrina Expenditures
b) Presentation of the classification and pay plan study
by Cody & Associates.
c) Presentation of randomized EAR survey by Adkins &
Associates.
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, RELATING TO CITY
COMMISSION MEETINGS; RESCHEDULING THE SEPTEMBER 20,
2005 CITY COMMISSION MEETING TO SEPTEMBER 27, 2005,
STARTING AT 6:30 P.M.; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RESCHEDULING THE 9120105 CITY COMMISSION MEETING TO 9127105
STARTING AT 6:30 P.M.)
(Mayor Russell)
S. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $10,247.00 TO WELCH TENNIS COURTS, INC. FOR
THE RESURFACING OF 'TENNIS AND RACQUETBALL COURTS 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 $10,247 TO WELCH
TENNIS COURTS INC FOR RESURFACING OF TENNIS AND RACQUETBALL COURTS AT
BREWER PARK; TO BE CHARGED TO THE LWCF ACCT W /CURRENT BAL$167,233)
(City Manager)
6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $5,979.00 TO LEADEX CORPORATION FOR THE
INSTALLATION OF A CONCRETE PARKING AREA 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
REGULAR CITY COMMISSION 2
AGENDA - October 5, 2005
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $5,979 TO LEADEX
CORP FOR THE INSTALLATION OF A CONCRETE PARKING AREA AT BREWER PARK; TO
BE CHARGED TO THE LWCF ACCT W /CURRENT BAL$167,233)
(City Manager)
7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $8,000.00 TO SUPERMEN TREE SERVICE FOR THE
REMOVAL OF 23 AUSTRALIAN PINE TREES FROM 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 $8,000 TO SUPERMEN
TREE SERVICE FOR THE REMOVAL OF 23 AUSTRALIAN PINE TREES FROM BREWER
PARK; TO BE CHARGED TO THE LWCF ACCT W /CURRENT BAL$167,233)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO
TY LIN /HJ ROSS FOR SURVEYING, ENGINEERING DESIGN,
PERMITTING, BID AND CONSTRUCTION PHASE SERVICES FOR THE
CITY -WIDE WATER MAIN EXTENSION - AREA 2 IN AN AMOUNT OF
$53,696.00 TO BE CHARGED TO SOUTH FLORIDA WATER
MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106- 1711 -536-
6433 & 106- 1711 - 536 -6434; PROVIDING AN EFFECTIVE DATE.
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICE WORK ORDER TO TY LIN /HJ ROSS FOR SURVEYING, ENGINEERING DESIGN,
PERMITTING, BID AND CONSTRUCTION PHASE SERVICES FOR THE CITY -WIDE WATER
MAIN EXTENSION IN AN AMOUNT OF $53,696.00 TO BE CHARGED TO SO FLA WATER
MANAGEMENT DISTRICT GRANT ACCT W /CURRENT BAL$45,000 & $205,000
RESPECTIVELY) 3/5
(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 $18,611.66; CHARGING
$16,364.00 TO FISCAL YEAR 2004 -05 ACCOUNT NO.
001.1500.514.3410, AND $2,247.66 TO FISCAL YEAR 2005 -06
ACCOUNT NUMBER 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 $18,611.66;
CHARGING THE 04 -05 & 05 -06 LEGAL SERVICES NON- RETAINER ACCTS W /CURRENT
BAL$16,364 & $2,247 RESPECTIVELY)
(City Attorney)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
REGULAR CITY COMMISSION 3
AGENDA - October 5, 2005
10. 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)
11. 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)
12. 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)
RESOLUTION (S) /PUBLIC HEARING (S)
13. 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 6227 SW 57 STREET (CAMBRIDGE LAWNS HISTORIC
DISTRICT) ; PROVIDING AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 4
AGENDA - October 5, 2005
(A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF
APPROPRIATENESS FOR EXTERIOR IMPROVEMENTS TO A HISTORIC BUILDING LOCATED
AT 6227 SW 57 ST)
(City Manager)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED
REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT
THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND
LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI STATION"
(PLAT BOOK 160, PAGE 85) IN SECTION 25, TOWNSHIP 54
SOUTH, RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI -DADE
COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING PROPOSED REPLAT OF THE SM METRORAIL STATION AT SW
59 PL & SW 72 AVE)
(City Manager)
15. 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(E) OF THE LAND
DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE
BUILT IN THE FRONT SETBACK AREA RESULTING IN A
VARIANCE REQUEST TO PERMIT A THREE FOOT FRONT SETBACK
WHERE A MINIMUM OF 25 FEET FRONT SETBACK IS REQUIRED:
ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY
RESIDENTIAL USE DISTRICT, LOCATED AT 5890 SW 84 STREET,
SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT B OF
SEAVIEW ESTATES; AND PROVIDING FOR AN EFFECTIVE DATE.
(A RESOLUTION RELATING TO A VARIANCE FROM THE LDC TO ALLOW A GARAGE
STRUCTURE TO BE BUILT IN THE FRONT SETBACK AREA, LOCATED AT 5890 SW 84
ST) 4/5
(City Manager)
The applicant has formally requested that this item be deferred.
RESOLUTION (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC NEARING S)
(NONE)
ORDINANCE (S) FIRST READING
16. AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
PAYMENT OF EXPENDITURES INCURRED DURING WEATHER
REGULAR CITY COMMISSION 5
AGENDA - October 5, 2005
EMERGENCY RESULTING FROM HURRICANE KATRINA; PROVIDING
THE CITY MANAGER THE NECESSARY AUTHORITY TO USE AN
ADDITIONAL $900,000 FROM THE CITY'S CASH RESERVE FOR
RELATED EMERGENCY EXPENSES; AND AUTHORIZING THE CITY
MANAGER TO APPLY FOR ANY AVAILABLE ASSISTANCE TO
REIMBURSE THE CITY FOR THE FUNDS EXPENDED; PROVIDING
FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN
EFFECTIVE DATE. 4/5
(City Manager)
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST XN 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 6
AGENDA - October 5, 2005