10-18-05CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: October 18, 2005 Time: 6:30 PM
Next Regular Meeting Date: November 1, 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) Plaque presented to City of South Miami from the National
League of Cities for 25 years of membership and dedicated
service
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AGENDA - October 18, 2005
b) Proclamation for South Florida Chapter Alzheimer's Association
Annual "Memory Walk"
c) Ms. Jane Wilson to speak about donating a sculpture (The
Bakery Icon) belonging to the Fuchs Family.
d) Police Department
Officer of the Month - August 2005
Detectives Richard Munoz & Victor Jackson
Officer of the Month - September 2005
Sgt. Larry Corbin, Officers Michael Stroface & Jerrell
Cleveland
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
a) Minutes of September 27, 2005
b) Minutes of September 27, 2005 (Final Budget Hearing)
2. City Manager's Report:
a) Presentation of the classification and pay plan study
by Cody & Associates.
b) Notification of Grant Award for Sunday's on Sunset
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 BOARDS AND
COMMITTEES; APPOINTING MICHAEL DAVIS TO SERVE ON THE
PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER
17, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING MICHAEL DAVIS TO SERVE ON THE PLANNING BOARD FOR
A TERM OF TWO YEARS)
(Mayor Russell)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING LEWIS BEILMAN TO SERVE ON THE
PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER
17, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING LEWIS BEILMAN TO SERVE ON THE PLANNING BOARD FOR
A TERM OF TWO YEARS)
(Mayor Russell)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING PAM LAHIFF TO SERVE ON THE
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AGENDA - October 18, 2005
PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER
17, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING PAM LAHIFF TO SERVE ON THE PLANNING BOARD FOR A
TERM OF TWO YEARS)
(Mayor Russell)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING JUAN COMENDEIRO TO SERVE ON
THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RE- APPOINTING JUAN COMENDEIRO TO SERVE ON THE PLANNING
BOARD FOR A TERM OF ONE YEAR)
(Mayor Russell)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING WILLIAM R. LIDDY TO SERVE ON
THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5.
(A RESOLUTION RE- APPOINTING WILLIAM R. LIDDY TO SERVE ON THE PLANNING
BOARD FOR A TERM OF ONE YEAR)
(Mayor Russell)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING BRENDA J. YATES TO SERVE ON
THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RE- APPOINTING BRENDA J. YATES TO SERVE ON THE PLANNING
BOARD FOR A TERM OF ONE YEAR)
(Mayor Russell)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING C. DAVID MORTON TO SERVE ON
THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RE- APPOINTING C. DAVID MORTON TO SERVE ON THE PLANNING
BOARD FOR A TERM OF ONE YEAR)
(Mayor Russell)
11. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING THE
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS
FOR ALL INCIDENT MANAGEMENT FOR THE CITY OF SOUTH
MIAMI, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION DESIGNATING THE NAT'L INCIDENT MANAGEMENT SYSTEM AS THE
BASIS FOR ALL INCIDENT MANAGEMENT FOR THE CSM)
(City Manager)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE $27,953.00 TO KILPATRICK TURF
EQUIPMENT, INC. FOR THE PURCHASE OF TURF MAINTENANCE
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AGENDA - October 18, 2005
EQUIPMENT TO BE CHARGED TO THE PARKS AND RECREATION
DEPARTMENT'S OPERATING EQUIPMENT ACCOUNT NUMBER
001.2000.572.6430; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $27,953.00 TO
KILPATRICK TURF EQUIPMENT, INC FOR THE PURCHASE OF TURF MAINTENANCE
EQUIPMENT TO BE CHARGED TO THE PARKS & RECREATION DEPT'S OPERATING
EQUIPMENT ACCT W1 CURRENT BAL$28,695)
(City Manager)
13. 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 $18,728.37; CHARGING
$18,728.37 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 $18,728.37;
CHARGING THE LEGAL SERVICES NON - RETAINER ACCT W1 CURRENT BAL$140,252.34)
(City Attorney)
14. 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
$10,821.62; CHARGING ACCOUNT NO. 2100 - 519 -3440,
CONSULTANT LABOR ATTORNEY; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION RELATING TO ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE
AMOUNT OF $10,821.62, CHARGING THE AMOUNT TO THE CONSULTANT LABOR
ATTORNEY ACCOUNT W1 CURRENT BAL$11,877.38)
(City Manager)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A BUDGET FOR
THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING
SEPTEMBER 30, 2006; AUTHORIZING THE AGENCY TO SUBMIT
THE BUDGET TO MIAMI -DADE COUNTY FOR APPROVAL; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING A BUDGET FOR THE SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND
ENDING SEPTEMBER 30, 2006)
(City Manager)
16. 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)
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AGENDA - October 18, 2005
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
17. 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)
18. 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)
19. 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)
20. 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
(A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF
APPROPRIATENESS FOR EXTERIOR IMPROVEMENTS TO A HISTORIC BUILDING LOCATED
AT 6227 SW 57 ST)
REGULAR CITY COMMISSION
AGENDA - October 18, 2005
(City Manager)
5
21. 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)
22. 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. 4/5
(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)
(City Manager)
The applicant has formally requested that this item be deferred.
RESOLUTION(S)
(NONE)
ORDINANCE(S) FIRST READING PUBLIC HEARING(S)
(NONE)
ORDINANCE (S) FIRST READING
23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PURCHASE A 2006 REAR STEER LOADER (KNUCKLE -
BOOM CRANE /LOADER) , A 2006 26 -CUBIC YARD TRASH TRUCK
AND A 2005 UTILITY TRUCK, AT A TOTAL COST OF
$225,376.09 WITH THE FIRST YEAR'S INSTALLMENT PAYMENT
OF FIVE PAYMENTS NOT TO EXCEED $45,075.22 TO BE CHARGED
TO THE PUBLIC WORKS DEPARTMENT LEASE PURCHASE - TRUCKS
ACCOUNT NUMBERS 001 -1720- 534 -4455 AND 111 - 1730 -541-
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AGENDA - October 18, 2005
4455; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
(City Manager)
24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO ENTER INTO A FIVE YEAR AGREEMENT WITH
THYSSENKRUPP ELEVATOR CORP. FOR MAINTENANCE OF
ELEVATORS FOR THE AMOUNT OF $20,100 WITH THE FY 2005 -06
SERVICE FEE OF $4,020 TO BE CHARGED TO PUBLIC WORKS
DEPARTMENT ACCOUNT NUMBER 001 - 1710 -519 -4670; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE. 3/5
(City Manager)
25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADOPTING AND TRANSMITTING
THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY'S
COMPREHENSIVE PLAN FOR REVIEW AND COMMENT AND
REQUESTING THAT THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS DELEGATE THE SUFFICIENCY REVIEW OF THE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY'S
COMPREHENSIVE PLAN TO THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL (SFRPC) PURSUANT TO THE PROVISIONS OF
THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATIONS ACT; PROVIDING FOR SEVERABILTY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO GARBAGE AND
TRASH; AMENDING SECTION 11 -23(a) OF THE CODE OF
ORDINANCES ENTITLED "REFUSE COLLECTION FEE SCHEDULE;
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
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AGENDA - October 18, 2005
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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AGENDA - October 18, 2005