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02-03-04CITY COMMISSION AGENDA City Commission Meeting Meeting date: February 3, 2004 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: February 17, 2004 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. 1. Presentation by Commission for Women, Co -Chair Monique de Paredes - Nomination for "Women of Vision Wall." 2. South Miami Kiwanis Club - "Annual Pancake Day" Proclamation REGULAR CITY COMMISSION 1 AGENDA - February 3, 2004 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - January 20, 2004 2. City Manager's Report 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 HELEN MASSEY TO SERVE ON THE COMMISSION FOR SENIOR CITIZENS FOR A TWO YEAR TERM ENDING FEBRUARY 2, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING HELEN MASSEY TO THE COMMISSION FOR SR. CITIZENS FOR A TWO -YEAR TERM) (Mayor Feliu) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING CAROL MARK, BETTY BANKS, GIORGIO BALLI AND APPOINTING PETER T. JUDE TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING FEBRUARY 2, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING CAROL MARK, BETTY BANKS, GIORGIO BALLI AND APPOINTING PETER T. JUDE TO THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO -YEAR TERM) (Mayor Feliu) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING SUSAN REDDING, PAM LAHIFF AND ANN MARIE CLYATT TO SERVE ON THE HISTORIC PRESERVATION BOARD FOR A TWO YEAR TERM ENDING FEBRUARY 2, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING SUSAN REDDING, PAM LAHIFF AND ANN MARIE CLYATT TO THE HISTORIC PRESERVATION BOARD FOR A TWO -YEAR TERM) (Mayor Feliu) REGULAR CITY COMMISSION 2 AGENDA - February 3, 2004 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING RICK FREEBURG AND APPOINTING JAMES D. DUNDORF TO SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING FEBRUARY 2, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING RICK FREEBURG AND APPOINTING JAMES D. DUNDORF TO THE PENSION BOARD FOR A TWO -YEAR TERM) (Mayor Feliu) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER FOR ADDITIONAL DRAINAGE IMPROVEMENTS PURSUANT TO SECTION 10.03 OF THE PROTURF, INC. AGREEMENT FOR THE DANTE FASCELL PARK TENNIS COURT IMPROVEMENTS WHICH CHANGE ORDER WILL RESULT IN CONSTRUCTION COSTS IN THE AMOUNT OF $9,981.52 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 001- 0000 - 132 -2060; PROVIDING FOR AN EFFECTIVE DATE'. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER FOR ADDITIONAL DRAINAGE IMPROVEMENT AGREEMENT WITH PROTURF, INC. FOR DANTE FASCELL PARK TENNIS COURT, IN AN AMOUNT OF $9,981.52) (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 $7,186.46; CHARGING $356.01 TO ACCOUNT NO. 1500- 514 -3435, REAL PROPERTY / FORECLOSURE; CHARGING $4,915.84 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL SERVICES, NON- RETAINER; AND CHARGING $1,914.61 TO ACCOUNT NO. 1500 - 514 -3452, CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO IN THE AMOUNT OF $7,186.46) (City Attorney) 10. 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 $4,108.54; CHARGING $4,108.54 TO ACCOUNT NO. 1500 - 514 - 3440, OTHER CONTRACTUAL SERVICES - CONSULTING LABOR; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $4,107.54) (City Attorney) REGULAR CITY COMMISSION 3 AGENDA - February 3, 2004 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER & TETZELI, P.A. IN THE AMOUNT OF $2,325.09; CHARGING $2,325.09 TO ACCOUNT NO. 1500 -514- 3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER & TETZELI IN THE AMOUNT OF $2,325.09) (City Attorney) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER PURSUANT TO SECTION 7 OF THE CITY— SERRALTA REBULL SERIG, INC. AGREEMENT FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS - PHASE 2 CONSTRUCTION TO ACCEPT THE ASSIGNMENT OF THE AGREEMENT, FROM SERRALTA REBULL SERIG, INC. TO SERRALTA REBULL SERIG CONSTRUCTION, INC.; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE ASSIGNMENT OF THE AGREEMENT FROM SERRALTA REBULL SERIG, INC. TO SERRALTA REBULL SERIG CONSTRUCTION, INC. FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS PHASE 2 CONSTRUCTION) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES; CONSENTING TO THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS L.L.C. TO ATLANTIC BROADBAND, L.L.C.; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5 (City Manager) 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; ADDING TWO SUB- PARAGRAPHS TO SECTION 11 -4 AND AMENDING SECTIONS 11 -19 (a), (b) AND 11 -21 (a), (b) OF THE CODE OF ORDINANCES ENTITLED "DEFINITIONS ", "REFUSE CONTAINERS" AND "EXTENT OF SERVICE AND POINTS OF COLLECTION "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) (None) REGULAR CITY COMMISSION 4 AGENDA - February 3, 2004 RESOLUTION (S) (None) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (None) COMMISSION REMARKS 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. " 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. J: \My Documents \agenda \02.03.04.doc REGULAR CITY COMMISSION AGENDA - February 3, 2004 5