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12-06-05r South Miami 3 0111, it a NI- America City 2001 CITY COMMISSION AGENDA City Commission Meeting Meeting date: December 6, 2005 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: December 20, 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. (NONE) 1) Certificate of Appreciation for Miami -Dade County Commissioner, Carlos Gimenez and staff for the extraordinary assistance with the aftermath of Hurricane Wilma. 2) After - School Program "Readers of the Month" Award. REGULAR CITY COMMISSION 1 AGENDA - December 6, 2005 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of November 1, 2005 2. City Manager's Report: a) Expenditure Report for Hurricane Wilma 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE AN AMOUNT NOT TO EXCEED $70,000 TO DELL COMPUTER CORPORATION, FOR THE PURCHASE OF OPERATING EQUIPMENT FOR FISCAL YEAR 2005/06 CHARGING THE MIS OPERATING EQUIPMENT ACCOUNT NUMBER 001.1340.513.6430; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE AN AMT NOT TO EXCEED $70,000 TO DELL COMPUTER FOR THE PURCHASE OF OPERATING EQUIP FOR FY 05106; CHARGING THE MIS OPERATING EQUIP ACCT W /CURRENT BAL$73,076) (City Manager) 5. 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 WITH CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR ENGINEERING ROUTE SURVEY, GEOTECHNICAL INVESTIGATION, DESIGN PHASE SERVICES AND CONSTRUCTION PHASE SERVICES FOR THE CITYWIDE DRAINAGE IMPROVEMENT - PHASE III (SW 62m TERRACE FROM SW 62' AVENUE TO SW 60TH AVENUE,SW 63RD STREET FROM SW 62' AVENUE TO SW 60TH AVENUE, SW 63' TERRACE FROM SW 62' AVENUE TO SW 60TH AVENUE, SW 76TH TERRACE AT CULDESAC EAST OF SW 58TH AVENUE) IN AN AMOUNT OF $38, 906.00 TO BE CHARGED TO PUBLIC WORKS ACCOUNT NO. 111- 1730 -541 -6490 PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A WORK ORDER WITH C3TS FOR ENGINEERING ROUTE SURVEY, GEOTECHNICAL INVESTIGATION, DESIGN & CONSTRUCTION SERVICES FOR THE CITYWIDE DRAINAGE IMPROVEMENT) (City Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' REGULAR CITY COMMISSION 2 AGENDA - December 6, 2005 FEES; APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $9,418.23; TO BE CHARGED TO ACCOUNT NO. 001.2100.519.3440 CONSULTANT LABOR ATTORNEY; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMT OF $9,418.23 TO BE CHARGED TO THE CONSULTANT LABOR ATTY ACCT W /CURRENT BAL$29,204.75) (City Manager) ORDINANCE (S) THIRD READING 7. 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 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Deferred 11128105) 3/5 (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2006 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, I AND IV; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Russell) 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE YEAR CONTRACT WITH KOCH FINANCIAL CORPORATION IN THE AMOUNT OF $97,643.24 IN ORDER TO FINANCE THE PURCHASE OF A CITY -WIDE COMPUTER SYSTEM SOFTWARE UPGRADE FROM SUNGARD HTE SOFTWARE AND REGULAR CITY COMMISSION AGENDA - December 6, 2005 3 TECHNOLOGY SOLUTION; CHARGING MONTHLY PAYMENTS IN THE AMOUNT OF $2,712.31 TO THE MIS MAINTENANCE - INTERNET SOFTWARE ACCOUNT NUMBER 001.1340.513.4634; 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, AUTHORIZING THE CITY MANAGER TO PURCHASE EIGHT 2006 FORD CROWN VICTORIA POLICE PURSUIT VEHICLES; CHARGING FIVE ANNUAL PAYMENTS IN AN AMOUNT NOT TO EXCEED $40,827.21 PER YEAR AND ONE PAYMENT OF $659.75 FOR DOCUMENTARY STAMPS IN THE FIRST YEAR TO BE CHARGED TO THE POLICE DEPARTMENT'S PURCHASE /LEASE- POLICE VEHICLES ACCOUNT NUMBER 001.1910.521.4450; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 (City Manager) ORDINANCE (S) SECOND READING (NONE) RESOLUTION (S) /PUBLIC HEARING (S) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CHARTER AMENDMENT; PROPOSING AN AMENDMENT TO THE CHARTER; SUBMITTING A BALLOT QUESTION TO THE ELECTORATE OF THE CITY AT THE GENERAL ELECTION SCHEDULED FOR FEBRUARY 14, 2006 CONCERNING THE LENGTH OF TERM OF THE MAYOR; REPEALING PROVISIONS IN CONFLICT; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION PROPOSING AN AMENDMENT TO THE CHARTER; SUBMITTING A BALLOT QUESTION TO THE ELECTORATE OF THE CITY AT THE GENERAL ELECTION SCHEDULED FOR 2114106 CONCERNING THE LENGTH OF TERM OF THE MAYOR) (Commissioner Birts- Cooper) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER AMENDMENTS; PROPOSING AMENDMENTS TO THE CHARTER; SUBMITTING BALLOT QUESTIONS TO THE ELECTORATE OF THE CITY AT THE GENERAL ELECTION SCHEDULED FOR FEBRUARY 14, 2006; REPEALING PROVISIONS IN CONFLICT; PROVIDING AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 4 AGENDA - December 6, 2005 (A RESOLUTION PROPOSING AMENDMENTS TO THE CHARTER; SUBMITTING BALLOT QUESTIONS TO THE ELECTORATE OF THE CITY AT THE GENERAL ELECTION SCHEDULED FOR 2114106) (City Manager) RESOLUTION (S) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO PROFESSIONAL SERVICES AGREEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BLITSTEIN DESIGN ASSOCIATES FOR THE COMPLETION OF THE DESIGN AND CONSTRUCTION DOCUMENTS FOR THE MUNICICPAL PARKING GARAGE; CHARGING PAYMENT IN AN AMOUNT NOT TO EXCEED $102,290 TO ACCOUNT NUMBER 001.0000.132.2040; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BLITSTEIN DESIGN ASSOC FOR THE COMPLETION OF THE DESIGN & CONSTRUCTION DOCUMENTS FOR THE MUNICIPAL PARKING GARAGE; CHARGING PAYMENT IN AN AMT NOT TO EXCEED $102,290 TO THE ACCT W /CURRENT BAL$102,290) (City Manager) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING AND ENCOURAGING MIAMI -DADE COUNTY TO PROVIDE A POINT OF DISTRIBUTION SITE FOR DISASTER RELIEF SUPPLIES WITHIN THE CITY OF SOUTH MIAMI, PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION SUPPORTING AND ENCOURAGING MIAMI -DADE COUNTY TO PROVIDE A POINT OF DISTRIBUTION SITE FOR DISASTER RELIEF SUPPLIES WITHIN THE CITY OF SOUTH MIAMI) (Vice Mayor Palmer) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR COMPLIANCE WITH CHAPTER 2004 -21, LAWS OF FLORIDA AND AMENDED SECTION 185.05(6) OF THE FLORIDA STATUTES, TO PROVIDE THAT PARTICIPANTS MAY AUTHORIZE DIRECT THIRD PARTY PAYMENTS AS A DEDUCTION FROM NET BENEFITS FOR SPECIFIC PURPOSES; REGULAR CITY COMMISSION 5 AGENDA - December 6, 2005 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 COMMXSSION 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. 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 CONSTITUTES 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 - December 6, 2005