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07-27-04CITY COMMISSION AGENDA City Commission Meeting Meeting date: July 27, 2004 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: August 3, 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) A presentation of a check by State Rep. Julio Robaina, from the State of Florida Department of Environmental Protection for improvements to Palmer Park. 2) Presentation of a certificate of appreciation to South Miami Hospital for their contribution to the Fourth of July concert and fireworks show, and their support for the National Public Works Week. 3) SMH proclamation re recent designation as a magnet hospital. 4) Snapper Creek Traffic Calming Study. REGULAR CITY COMMISSION 1 AGENDA - July 27, 2004 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. City Manager's Report: a) Selection of Budget workshop dates. 2. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT 3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; AMENDING RESOLUTION NO. 42 -04 -11821 ADOPTED MARCH 16, 2004, TO REMOVE SUZANNE GILMORE FROM THE PENSION BOARD WHERE SHE WAS APPOINTED TO SERVE FOR A TWO YEAR TERM ENDING MARCH 15, 2006; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AMENDING RES. 42 -04 -11821 ADOPTED 3114104, TO REMOVE SUZANNE GILMORE FROM THE PENSION BD) (Mayor Russell) 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR A GRANT IN THE AMOUNT OF $112,500.00 FOR IMPROVEMENTS TO PALMER PARK; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE FLA DEPT OF ENVIRONMENTAL PROTECTION IN THE AMT OF $112,500 FOR IMPROVEMENTS TO PALMER PARK) (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 CONSTRUCTION CONTRACT WITH H & R PAVING, INC. FOR ROADWAY RESURFACING SERVICES TO BE FUNDED THROUGH THE LOCAL OPTION GAS TAX TRUST FUND ACCOUNT NUMBER 001- 1730 - 541 -3450 IN AN AMOUNT OF $34,000; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH H & R PAVING FOR ROADWAY RESURFACING IN AN AMT OF $34, 000 TO BE FUNDED THROUGH THE LOCAL OPTION GAS TAX TRUST FUND ACCT) REGULAR CITY COMMISSION 2 AGENDA - July 27, 2004 (City Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH F & L CONSTRUCTION, INC. FOR CITYWIDE SIDEWALK REPAIRS, TO BE FUNDED THROUGH THE LOCAL OPTION GAS TAX TRUST FUND ACCOUNT NUMBER 112- 1730 - 541 -4640 IN AN AMOUNT OF $24,000; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH F & L CONSTRUCTION FOR CITYWIDE SIDEWALK REPAIRS, IN AN AMT OF $24,000 TO BE FUNDED THROUGH THE LOCAL OPTION GAS TAX TRUST FUND ACCT) (City Manager) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A GRAVELY PROMASTER LAWNMOWER, WEED TRIMMER AND EDGER FROM ACE LAWNMOWER SERVICES IN AN AMOUNT OF $7,443.25 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001- 1730- 541 -6430, OPERATING EQUIPMENT, AS AUTHORIZED IN THE 2003 -04 GENERAL FUND BUDGET; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A GRAVELY PROMASTER LAWNMOWER, WEED TRIMMER & EDGER FROM ACE LAWNMOWER SVCS IN AN AMT OF $7,443.25 TO BE CHARGED TO PW DEPT OPERATING EQUIP ACCT W/BAL $8,256) (City Manager) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LEON'S ENGINEERING CORP. FOR CITYWIDE DRAINAGE IMPROVEMENTS CONSTRUCTION IN AN AMOUNT OF $186,295.15 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NO. 001 - 0000 - 132 -2059; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LEON'S ENGINEERING FOR CITYWIDE DRAINAGE IMPROVEMENTS IN AN AMT OF $186,295.15 TO BE CHARGED TO THE SO FLA WATER MANAGEMENT DISTRICT GRANT ACCT) J (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ENVIROWASTE SERVICES GROUP, INC. FOR STORM DRAIN SYSTEM CLEANING IN AN AMOUNT OF $15,000.00 TO BE CHARGED TO STORMWATER TRUST FUND ACCOUNT NO. 111- 1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 3 AGENDA - July 27, 2004 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ENVIROWASTE SERVICES GROUP FOR STORM DRAIN SYSTEM CLEANING IN AN AMT OF $15,000 TO BE CHARGED TO THE STORMWATER TRUST FUND ACCT) (City Manager) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS FOR THE POLICE DEPARTMENT TO PURCHASE ONE (1) REPLACEMENT PATROL /NARCOTICS K -9 NOT TO EXCEED THE COST OF $8,500.00 FROM POLICE SERVICE DOGS, INC., UTILIZING FUNDS DONATED FOR THAT PURPOSE AND AT NO COST TO THE CITY; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS FOR THE POLICE DEPT TO REPLACE & PURCHASE ONE PATROL /NARCOTICS K -9 NOT TO EXCEED THE COST OF $8,500 FROM POLICE SERVICE DOGS, UTILIZING DONATED FUNDS AND AT NO COST TO THE CITY) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (None) RESOLUTION (S) /PUBLIC HEARING (S) 11. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.6(B) (7) OF THE LAND DEVELOPMENT CODE TO ALLOW THE AIR CONDITIONING EQUIPMENT SETBACK (WEST SIDE) TO BE 2.5 FEET FROM THE PROPERTY LINE WHERE A MINIMUM OF 5 FEET IS REQUIRED ON PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 8280 SW 59 AVE., SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOTS 29, 30, BLOCK 4, "°SEAVIEW PARK AMENDED SUBDIVISION" PLAT BOOK 17, PAGE 80; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE TO ALLOW THE A/C EQUIPMENT SETBACK OF 2.5 FT WHERE A MINIMUM OF 5 FT IS REQUIRED, ON A PROPERTY LOCATED AT 8280 SW 59 AVE) (City Manager) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.3(D) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A PHOTOGRAPHIC STUDIO IN THE "MO" MEDIUM- INTENSITY OFFICE ZONING USE DISTRICT SPECIFICALLY LOCATED AT 7090 SW 59th PLACE AND REGULAR CITY COMMISSION 4 AGENDA - July 27, 2004 PROVIDING FOR AN EFFECTIVE DATE. 4/5 (A RESOLUTION RELATING TO A SPECIAL USE APPROVAL TO LOCATE A PHOTOGRAPHIC STUDIO IN THE MEDIUM- INTENSITY OFFICE ZONING DISTRICT AT 7090 SW 59 PL) RESOLUTION (S) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 2003 -2004 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER AS OF THE END OF THE BUDGET YEAR ENDING SEPTEMBER 30, 2004, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS FROM ONE CITY DEPT TO ANOTHER FOR THE FY ENDING SEPT 30104) (City Manager) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S 2004/2005 FISCAL YEAR BUDGET; ADVISING THE MIAMI -DADE COUNTY PROPERTY APPRAISER OF ITS PROPOSED MILLAGE RATE OF 7.373 MILLS; ITS ROLL -BACK RATE OF 6.524 MILLS AND ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE CITY'S 04105 FY BUDGET; ADVISING THE MIAMI -DADE COUNTY PROPERTY APPRAISER OF ITS PROPOSED MILLAGE RATE OF 7.373 MILLS; ITS ROLL -BACK RATE OF 6.524 MILLS AND ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET) (City Manager) 15. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, NOTIFYING THE CITY COMMISSION OF EXPENDITURES ISSUED TO VENDORS EXCEEDING THE $5,000 LIMIT AS OUTLINED IN THE CITY CHARTER FOR THE CURRENT FISCAL YEAR; CHARGING THE DISBURSEMENTS TO THE CORRESPONDING DEPARTMENT EXPENSE ACCOUNTS PREVIOUSLY APPROVED ON THE 2003 /2004 ADOPTED BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION NOTIFYING THE CITY COMMISSION OF EXPENDITURES ISSUED TO VENDORS EXCEEDING THE $5,000 LIMIT; CHARGING THE DISBURSEMENTS TO THE CORRESPONDING DEPARTMENT EXPENSE ACCT'S PREVIOUSLY APPROVED ON THE 03104 ADOPTED BUDGET) REGULAR CITY COMMISSION 55 AGENDA - July 27, 2004 (City Manager) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING A MERIT INCREASE OF $15,000 IN THE CITY MANAGER'S SALARY; PROVIDING FOR AN EFFECTIVE DATE. (A RESOLUTION AUTHORIZING A MERIT INCREASE OF .$15,000 IN THE MANAGER'S SALARY) (Mayor Russell) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (None) ORDINANCE (S) FIRST READING 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -1583, 18 -99- 1692, 28 -00 -1730, 32 -01 -1763, 14 -02 -1782 AND 21 -03 -1805 IN ORDER TO ADJUST LAND USE APPLICATION FEES, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) 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 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 - July 27, 2004