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AII- America City
2001
MANOR: Mary Scott Russell CITY MANAGER: Maria V. Davis
VICE MAYOR: Velma Palmer CITY ATTORNEY: Nagin Gallop Figueredo
COMMISSIONER: Randy G. Wiscombe CITY CLERK: Maria M. Menendez
COMMISSIONER: Marie Birts- Cooper
COMMISSIONER: Craig Z Sherar
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: July 20, 2004 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: July 27, 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 the Police Department to Det. Gregory Robinson
as `officer of the Month, for June, 2004.
2) 2002 -03 Financial Report by City independent auditors.
REGULAR CITY COMMISSION 1
AGENDA — July 20, 2004
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. a) Minutes of June 8, 2004
b) Minutes of February 11, 2004
2. City Manager's Report:
a) Presentation of the 2003 -04 FY Third Quarter Financial
Update.
b) Requesting budget items from the Commission.
c) Response from Miami -Dade County regarding installation
of a 4 -way stop sign at SW 59 Place and SW 64 Street.
d) The City's Code of Ordinance online.
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 SAMANTHA SIMEON AND STEPHANIE
SIMEON TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR
A TWO YEAR TERM ENDING JULY 19, 2006; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING SAMANTHA AND STEPHANIE SIMEON TO SERVE
ON THE JR. COMMISSION FOR WOMEN FOR A 21YR TERM)
(Mayor Russell)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RESCINDING RESOLUTION
NO. 54 -04- 11833, RELATING TO BOARDS AND COMMITTEES;
WHICH APPOINTED SERGEANT JOHN BARZOLA, CID DIVISION
COMMANDER GREG FELDMAN AND SERGEANT LISA MORTON TO
SERVE ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A
TWO YEAR TERM ENDING MARCH 15, 2006; PROVIDING FOR
RESOLUTIONS IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION RESCINDING RES. 54 -04- 11833, WHICH APPOINTED SGT
JOHN BARZOLA, CID DIV COMMANDER GREG FELDMAN & SGT LISA MORTON TO
THE BD OF TRUSTEES /POLICE OFFICERS FOR A 21YR TERM ENDING
3/15/06)
(Mayor Russell)
REGULAR CITY COMMISSION
AGENDA - July 20, 2004
V,
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING LT. DANIEL SALERNO, SGT.
MICHAEL D'ANGELO, OFFICER DARBY WAGNER; AND, SUZANNE
WILLIAMS, A RESIDENT OF THE CITY OF SOUTH MIAMI, TO
SERVE ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A
TWO YEAR TERM ENDING JULY 19, 2006; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING LT. DANIEL SALERNO, SGT. MICHAEL
D'ANGELO, OFFICER DARBY WAGNER AND SUZANNE WILLIAMS, A RESIDENT
OF THE CITY TO SERVE ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR
A 21YR TERM)
(Mayor Russell)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING LEWIS SELLARS, CURTISS F.
SIBLEY AND SUZANNE GILMORE TO SERVE ON THE BUDGET AND
FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER 30,
2005; PROVIDING FOR RESOLUTIONS IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING LEWIS SELLARS, CURTISS F. SIBLEY, AND
SUZANNE GILMORE TO THE BUDGET AND FINANCE COMMITTEE FOR A TERM
ENDING SEPTEMBER 30, 2005)
(Mayor Russell)
8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO NEGOTIATIONS WITH MONTANA MCLEAN TENNIS FOR
THE OPERATION OF THE TENNIS CENTER AT DANTE FASCELL
PARK; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
NEGOTIATIONS WITH MONTANA MCLEAN TENNIS FOR OPERATION OF THE
TENNIS CENTER AT DANTE FASCELL PARK)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND THE CITY COMMISION OF
THE CITY OF SOUTH MIAMI , FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND
DOCUMENTS FOR THE POLICE DEPARTMENT TO TRADE IN AND
REPLACE FIREARMS AT NO COST TO THE CITY AS SET FORTH
HEREIN; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE
CONTRACTS AND DOCUMENTS FOR THE POLICE DEPARTMENT TO TRADE
IN /REPLACE FIREARMS AT NO COST TO THE CITY AS SET FORTH HEREIN)
(City Manager)
10. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
REGULAR CITY COMMISSION 3
AGENDA - July 20, 2004
MANAGER TO DISBURSE THE SUM OF $33,984.00 TO MEARS
MOTOR LEASING FOR THE BUYOUT OF EIGHT (8) LEASED 2000
FORD CROWN VICTORIA POLICE VEHICLES, DISBURSEMENT OF
FUNDS FROM ACCOUNT #001 - 1910 -521 -4450 LEASE PURCHASE -
POLICE VEHICLES, AS APPROVED IN THE FY 2003 -04 BUDGET;
AND PROVIDE FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF
$33,984 TO MEARS MOTOR LEASING FOR THE BUYOUT OF (8) LEASED 2000
FORD CROWN VICTORIA POLICE VEHICLES, AS APPROVED IN THE FY 2003-
04 BUDGET; DISBURSEMENT FROM THE "LEASE PURCHASE- POLICE VEHICLES
ACCT; W/BAL OF $3,262.53)
(City Manager)
11. 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 $16,807.41; CHARGING $9,846.72 TO ACCOUNT
NO. 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING
$6,960.69 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 AMT OF $16,807.41; CHARGING `LEGAL SVCS, NON -
RETAINER & CODE ENFORCEMENT ACCTS WITH A RESPECTIVE BAL/$22,807 &
$9,998)
(City Attorney)
12. 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
$5,888.57; CHARGING $5,888.57 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 AMT OF $5,888.57; CHARGING `OTHER CONTRACTUAL SVCS- CONSULTING
LABOR ACCT WITH A BAL/$6,002.29)
(City Attorney)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE TURF AND LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE MAINTENANCE OF MEDIAN ALONG
SOUTH DIXIE HIGHWAY (US1) FROM SW 57TH AVENUE TO SW
80TH STREET AND SUNSET DRIVE FROM SW 69TH STREET TO
US1; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE TURF AND
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH FLA DEPT OF
TRANPORTATION FOR THE MEDIAN ALONG SO DIXIE HWY, FROM SW 57 AV TO
SW 80 ST & SUNSET DR FROM 69 ST TO US1)
(City Manager)
REGULAR CITY COMMISSION 4
AGENDA - July 20, 2004
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2 -3 OF
THE CITY OF SOUTH MIAMI CODE OF ORDINANCES, ENTITLED
"COMPENSATION FOR COMMISSIONERS AND MAYOR -
ESTABLISHED" TO ALLOW FOR AN INCREASE IN COMMISSIONER
COMPENSATION; PROVIDING FOR SEVER.ABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
Revised on 2nd reading 618104
(Commissioner Sherar)
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO.
15 -02 -1783 RELATING TO BOARDS AND COMMITTEESS; AMENDING
SEC. 2 -26.8 OF THE CODE OF ORDINANCES, ENTITLED "BUDGET
AND FINANCE COMMITTEE; AMENDING MEMBERSHIP
REQUIREMENTS; AMENDING DUTIES AND RESPONSIBILITIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
Revised on 2nd reading 618104
(Mayor Russell)
RESOLUTION (S) /PUBLIC HEARING (S)
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE
FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT "NATURAL CHICKEN GRILL" IN THE "SR (HD -OV)"
SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING
DISTRICT SPECIFICALLY LOCATED AT 5850 SUNSET DRIVE. 4/5
(A RESOLUTION RELATING TO A REQUEST FOR A SPECIAL USE APPROVAL TO
LOCATE A GENERAL RESTAURANT IN THE "SR" DISTRICT, "NATURAL CHICKEN
GRILL" AT 5850 SUNSET DRIVE)
(City Manager)
RESOLUTION (S)
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA PROVIDING ESTIMATED COST
NOT TO EXCEED $7,000 TO COME FROM GENERAL CONTINGENCY
ACCOUNT #001- 2100 - 519 - 9920 FOR A LEGAL OPINION RELATING
TO FORMER CITY MANAGER CHARLES SCURR'S PENSION MATTER;
AND PROVIDING AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 55
AGENDA - July 20, 2004
(A RESOLUTION PROVIDING ESTIMATED COST NOT TO EXCEED $7,000 FROM
THE GENERAL CONTINGENCY ACCOUNT W /BAL: $26,572.74; FOR A LEGAL
OPINION RELATING TO CHARLES SCURR'S PENSION MATTER)
(City Manager)
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA SUSPENDING A CONTROLLED
PARKING RESIDENTIAL AREA (CPRA) IN THE VICINITY OF SW
58TH AVENUE AND SW 74TH TERRACE WHICH AREA WAS
DESIGNATED BY THE CITY MANAGER AS A CPRA AT THE CITY
COMMISSION MEETING ON APRIL 22, 2003, AND DIRECTING THE
ADMINISTRATION TO REMOVE ALL RESIDENTIAL PARKING SIGNS
AND TO REVOKE ALL RESIDENTIAL DECALS AND VISITOR
PARKING HANGING TAGS; PROVIDING FOR AN EFFECTIVE DATE.
(A RESOLUTION REVOKING A CONTROLLED PARKING RESIDENTIAL AREA IN
THE VICINITY OF SW 58 AVE, SW 74 TER AND DIRECTING THE
ADMINISTRATION TO REVOKE ALL RESIDENTIAL PARKING SIGNS, DECALS AND
VISITOR PARKING HANGING TAGS) 3/5
(City Manager)
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA SETTING THE DATE OF
2004 AT PM IN THE SOUTH MIAMI
CITY COMMISSION CHAMBER FOR A PUBLIC HEARING ON THE "SW
62' AVENUE CORRIDOR CHARRETTE" REPORT WHICH RESULTED
FROM A CITY SPONSORED CITIZENS PLANNING EVENT; AND
DIRECTING THE ADMINISTRATION TO ADVERTISE THE PUBLIC
HEARING AND PROVIDE MAIL NOTICE; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION SETTING THE DATE AND TIME FOR A PUBLIC HEARING ON
THE SW 62`„D AVE CORRIDOR CHARRETTE)
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(None)
ORDINANCE (S) FIRST READING
20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CHARTER
AMENDMENT; PRESENTING AN INITIATIVE TO LIMIT BUILDING
HEIGHT AND DENSITY WITHIN SINGLE - FAMILY ZONE AREAS TO
THE ELECTORATE OF THE CITY AT THE NOVEMBER 2, 2004
ELECTION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Commissioner Sherar)
REGULAR CITY COMMISSION 6
AGENDA - July 20, 2004
21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CHARTER
AMENDMENT; PRESENTING AN INITIATIVE TO LIMIT BUILDING
HEIGHT AND DENSITY TO THE ELECTORATE OF THE CITY AT THE
NOVEMBER 2, 2004 ELECTION; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Commissioner Sherar)
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 SPILL 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 7
AGENDA - July 20, 2004