08-17-04MAYOR: Mary Scott Russell CITY MANAGER: Maria V. Davis
VICE MAYOR: Velma Palmer CITY ATTORNEY: Nagin Gallop Figuereda
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: August 17, 2004 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: September 7, 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 of a check from the State of Florida Department
of Environmental Protection, by Jose Fuentes with South
Florida Water Management District.
2) Certificate of appreciation to be presented to Jose Fuentes,
Director for the Miami -Dade County Regional Service Center of
the South Florida Water Management District.
REGULAR CITY COMMISSION 1
AGENDA - August 17, 2004
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. a) Minutes of July 20, 2004
b) Minutes of July 27, 2004
2. City Manager's Report:
a) Notification of requirement for Special Meeting to hold
second reading of ordinances relating to Charter
amendment.
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, AUTHORIZING THE CITY
MANAGER TO PURCHASE A 2004 CATERPILLAR 416D BACKHOE
LOADER FROM KELLY TRACTOR CO., IN AN AMOUNT OF
$40,825.00 TO BE CHARGED TO THE FY 2004/05 PEOPLE'S
TRANSPORTATION TAX FUND, OPERATING EQUIPMENT ACCOUNT
NUMBER 124- 1730 - 541 -6430; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A 2004
CATERPILLAR 416D BACKHOE LOADER FROM KELLY TRACTOR CO. IN AN AMT
OF $40,825 TO BE CHARGED TO THE PEOPLE'S TRANSPORTATION TAX FUND,
LEASE PURCHASE- EQUIPMENT ACCT)
(City Manager)
S. 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 KIMLEY -HORN &
ASSOCIATES, INC. FOR SERVICES OF DATA COLLECTION,
SURVEY /TESTING, DRAINAGE DESIGN, PRE- CONSTRUCTION AND
CONSTRUCTION PHASES FOR NORTHEND DRAINAGE AND TRAFFIC
CALMING IMPROVEMENTS - PHASE II IN AN AMOUNT OF $68,500 TO
BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT GRANT ACCOUNT
001- 0000 - 132 -2057 AND PEOPLE'S TRANSPORTATION TAX ACCOUNT #
124- 1730 - 541 -3100; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICE WORK ORDER WITH KH FOR SERVICES OF DATA
COLLECTION, SURVEY /TESTING, DRAINAGE DESIGN PRECONSTRUCTION &
CONSTRUCTION PHASES FOR NORTHEND DRAINAGE TRAFFIC CALMING
REGULAR CITY COMMISSION 2
AGENDA - August 17, 2004
IMPROVEMENTS IN THE AMT OF $68,500 TO BE CHARGED TO THE SO FLA
WATER MANAGEMENT GRANT AND PEOPLE'S TRANSPORTATION TAX ACCT'S
RESPECTIVELY)
(City Manager)
6. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH FLORIDA ROCK AND SAND -
PRESTRESS PRECAST CO., INC. TO PROVIDE DRAINAGE
STRUCTURES FOR THE DOWNTOWN DRAINAGE IMPROVEMENTS -
PHASE III IN AN AMOUNT OF $32,049 TO BE CHARGED TO U.S.
DEPARTMENT OF COMMERCE'S, ECONOMIC DEVELOPMENT
ADMINISTRATION GRANT ACCOUNT # 001 - 0000 -132 -2062;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FLORIDA ROCK AND SAND - PRESTRESS PRECAST CO. TO PROVIDE
DRAINAGE STRUCTURES FOR THE DOWNTOWN DRAINAGE IMPROVEMENTS IN THE
AMT OF $ 32,049 TO BE CHARGED TO THE US DEPT OF COMMERCE ECONOMIC
DEVELOP ADMINISTRATION GRANT ACCT)
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH STANDARD
INSURANCE TO PROVIDE LIFE /ACCIDENTAL DEATH AND
DISMEMBERMENT AND LONG TERM DISABILITY INSURANCE FOR
CITY OF SOUTH MIAMI FULL -TIME EMPLOYEES PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH STANDARD INSURANCE TO PROVIDE LIFE /ACCIDENTAL DEATH
AND DISMEMBERMENT AND LONG -TERM DESABILITY INSURANCE FOR FULL -TIME
CITY EMPLOYEES)
(City Manager)
8. 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 $5,536.10; CHARGING
$4,390.54 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL SERVICES,
NON - RETAINER; CHARGING $1,145.56 TO ACCOUNT NO. 1500-
514 -3452, CODE ENFORCEMENT; PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION RELATING TO ATTORNEY'S FEES FOR NAGIN GALLOP
FIGUEREDO IN THE AMT OF $5,536.10 CHARGING `LEGAL SERVICES NON -
RETAINER' AND `CODE ENFORCEMENT' ACCT'S WITH A RESPECTIVE /BAL:
$31,841 & $3,037)
(City Attorney)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO- ATTORNEYS'
REGULAR CITY COMMISSION 3
AGENDA - August 17, 2004
FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF
$10,305.43; CHARGING $10,305.43 TO ACCOUNT NO. 1500-
514 -3440, OTHER CONTRACTUAL SERVICES - CONSULTING
LABOR; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO ATTORNEY'S FEES FOR AKERMAN SENTERFITT
IN THE AMT OF $10,305.43 CHARGING `OTHER CONTRACTUAL SVCS-
CONSULTING LABOR' ACCT W/BAL: $37,226)
(City Attorney)
10. 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
$3,947.99; CHARGING $3,947.99 TO ACCOUNT NO. 1500-514 -
3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO ATTORNEYS FEES FOR KURZBAN KURZBAN
WEINGER & TETZELI, IN THE AMT OF $3,947.99 CHARGING `OTHER
CONTRACTUAL SERVICES' ACCT W/BAL: $72,185)
(City Attorney)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL
SERVICES; APPROVING A RETAINER FEE FOR TANNEBAUM PLANAS
& WEISS, LLP, IN THE AMOUNT OF $5,000; CHARGING $5,000
TO ACCOUNT NO. 1500 -514 -3450, OTHER CONTRACTUAL
SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO LEGAL SERVICES; APPROVING A RETAINER FEE
FOR TANNEBAUM PLANAS & WEISS, IN THE AMT OF $5,000 CHARGING `OTHER
CONTRACTUAL SERVICES' ACCT W/BAL: $72,185)
(City Attorney)
RESOLUTION
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ADOPTING CERTAIN LAND USE
AND DESIGN POLICIES RELATED TO THE "62 AVENUE CORRIDOR
CHARRETTE" A REPORT RESULTING FROM A NOVEMBER 23, 2002
CITY SPONSORED CITIZENS PLANNING EVENT; SAID DOCUMENT
HAVING BEEN PREPARED BY THE UNIVERSITY OF MIAMI SCHOOL
OF ARCHITECTURE; AND DIRECTING THE PLANNING DEPARTMENT
TO INITIATE LAND DEVELOPMENT CODE AMENDMENTS NECESSARY
TO IMPLEMENT ADOPTED POLICIES AND RECOMMENDATIONS;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Deferred 8103104)
(A RESOLUTION ADOPTING CERTAIN LAND USE AND DESIGN POLICIES
RELATED TO THE "62 AVENUE CORRIDOR CHARRETTE" REPORT AND DIRECTING
THE PLANNING DEPT. TO INITIATE LDC AMENDMENTS NECESSARY TO
IMPLEMENT ADOPTED POLICIES AND RECOMMENDATIONS)
REGULAR CITY COMMISSION 4
AGENDA - August 17, 2004
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(None)
RESOLUTION (S) /PUBLIC HEARING (S)
(None)
RESOLUTION (S)
(Cont'd)
13. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN
ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET
IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE
USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM
SECTION 20- 4.4(B) (10) OF THE LAND DEVELOPMENT CODE TO
ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED
OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM
SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO
ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT
SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE
DISTRICT: AND ROVIDING FOR AN EFFECTIVE DATE. 4/5
(Deferred 8103104)
(A RESOLUTION FOR APPROVAL OF TWO PARKING VARIANCES: TO ALLOW (4)
OFF -ST PARKING SPACES; AND, TO ALLOW REQUIRED PARKING TO BE
LOCATED IN THE FRONT SETBACK AREA, AT 6230 SW 70 ST)
(City Manager)
14. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE FORMAT OF
THE CITY MANAGER'S ANNUAL EVALUATION FORM; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION ACCEPTING THE FORMAT OF THE CITY MANAGER'S ANNUAL
EVALUATION FORM)
(Mayor Russell)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
REGULAR CITY COMMISSION 5
AGENDA - August 17, 2004
15. 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. (Deferred 7/20/04) 4/5
(Commissioner Sherar)
16. 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. 4/5
(Deferred 7/20/04)
(Commissioner Sherar)
ORDINANCE (S) FIRST READING
(None)
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 - August 17, 2004