09-21-04�r F
South Miami
AII- America CRY
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2001
MAYOR: Mary Scott Russell CITY MANAGER: Maria V. Davis
VICE MAYOR: Velma Palmer CITY ATTORNEY: Nagin Gallop Figueredo
COMMISSIONER: Bandy G. Wiscombe . CITY CLERK: Maria M. Menendez
COMMISSIONER: Marie Birts - Cooper
COMMISSIONER: Craig Z Sherar
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: September 21, 2004 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: October 5, 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 and by State Representative Julio Robaina.
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.
3) Presentation by Attorney Ronald J. Cohen with regard to former City
Manager Charles Scurr's Pension.
REGULAR CITY COMMISSION 1
AGENDA - September 21, 2004
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. a) Minutes of August 3, 2004
b) Minutes of August 17, 2004
2. City Manager's Report:
a) Addition to the "Wall of Firsts."
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 EXECUTE AN AGREEMENT WITH AMERICAN
ENVIRONMENTAL CONTRACTORS, INC. FOR THE BROAD CANAL
IMPROVEMENTS (DREDGING PROJECT) IN AN AMOUNT OF
$867,165 TO BE CHARGED TO FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA) ASSISTANCE GRANT ACCOUNT NUMBERS 001-
0000 -132 -2071 AND 001 - 0000- 132 -2072 AND FY 2004 -05
STORM WATER DRAINAGE TRUST FUND ACCOUNT NUMBER 111 -
1730- 541 - 6490; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH AMERICAN ENVIRONMENTAL CONTRACTORS FOR THE BROAD CANAL
IMPROVEMENTS IN AN AMT OF $867,165 TO BE CHARGED TO FEMA
ASSISTANCE GRANT ACCTS W/BAL $223,188, $532,201 & $200,000
respectively)
(City Manager)
S. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH T.J. PAVEMENT
CORP. FOR DOWNTOWN DRAINAGE IMPROVEMENTS - PHASE III
CONSTRUCTION IN AN AMOUNT OF $338,557.00 TO BE CHARGED
TO US DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION (EDA) GRANT, SOUTH FLORIDA WATER
MANAGEMENT DISTRICT (SFWMD) GRANT AND THE US
ENVIRONMENTAL PROTECTION AGENCY STATE TRIBAL ASSISTANCE
GRANT (STAG) ACCOUNT NUMBERS 001- 0000 - 132 - 2062, 001-
REGULAR CITY COMMISSION 2
AGENDA - September 21, 2004
0000 - 132 -2058 AND 001 - 0000 - 132 -2061 RESPECTIVELY;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH T.J. PAVEMENT FOR DOWNTOWN DRAINAGE IMPROVEMENTS IN AN AMT OF
$ 338,557 TO BE CHARGED TO US DEPT OF COMMERCE; THE US
ENVIRONMENTAL PROTECTION AGENCY; AND STATE TRIBAL ASSISTANCE GRANT
ACCOUNTS W/BAL$ 466,290, $130,150 & $174,000 respectively)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A SERVICE WORK ORDER TO CORZO CASTELLA
CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR PROFESSIONAL
ENGINEERING SERVICES FOR CONSTRUCTION PHASE SERVICES
FOR THE DOWNTOWN DRAINAGE IMPROVEMENTS - PHASE III, IN
AN AMOUNT OF $29,700.00 TO BE CHARGED TO SOUTH FLORIDA
WATER MANAGEMENT DISTRICT (SFWMD) GRANT ACCOUNT NUMBER
001- 0000 - 132 -2058; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE
WORK ORDER TO C3TS FOR PROFESSIONAL ENGINEERING SVCS FOR
CONSTRUCTION PHASE SVCS FOR THE DOWNTOWN DRAINAGE IMPROVEMENTS IN
AN AMT OF $ 29,700 TO BE CHARGED TO SO FL WATER MANAGEMENT
DISTRICT GRANT ACCT W/BAL $130,150)
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO OFFER CITY EMPLOYEES THE OPPORTUNITY TO
PARTICIPATE IN THE INTERNATIONAL CITY MANAGERS'
ASSOCIATION'S (ICMA) 401A MONEY PURCHASE PLAN;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO OFFER CITY EMPLOYEES
THE OPPORTUNITY TO PARTICIPATE IN THE INT'L CITY MANAGERS' ASSN
401A MONEY PURCHASE PLAN)
(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 $13,544.04; CHARGING
$122.50 TO ACCOUNT NO. 1500 -514- 3435, REAL
ESTATE/ FORECLOSURE; CHARGING $4,504.92 TO ACCOUNT NO.
1500`- 514 - 3410, LEGAL SERVICES, NON - RETAINER; AND
CHARGING $8,916.62 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 $13,544.04; CHARGING REAL ESTATEIFORECLOSURE; LEGAL
SVCS ,NON- RETAINER; AND CODE ENFORCEMENT ACCT'S; W /RESPECTIVE BAL
OF $14,417.40, $26,656.74, AND $13,891.76)
(City Attorney)
REGULAR CITY COMMISSION 3
AGENDA - September 21, 2004
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MEETINGS;
CANCELING THE SEPTEMBER 7, 2004 REGULAR MEETING OF THE
CITY COMMISSION DUE TO A WEATHER EMERGENCY TO PREPARE
FOR AND RESPOND TO HURRICANE FRANCES; PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION CANCELLING THE 9/7/04 REGULAR CITY COMMISSION
MEETING DUE TO A WEATHER EMERGENCY)
(Mayor Russell)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EMERGENCY;
DECLARATING A WEATHER EMERGENCY PURSUANT TO SECTIONS
14.05 AND 14.12 OF ORDINANCE NO. 11 -93 -1539; DIRECTING
THE CITY MANAGER TO EXERCISE ALL NECESSARY AND
APPROPRIATE POWERS TO PREPARE FOR AND RESPOND TO
HURRICANE FRANCES; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION DECLARING A WEATHER EMERGENCY PURSUANT TO ORD. 11-
93 -1539 DIRECTING THE CITY MANAGER TO EXERCISE ALL NECESSARY AND
APPROPRIATE POWERS TO PREPARE AND RESPOND TO HURRICANE FRANCES)
(City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EMERGENCY;
DECLARATING A WEATHER EMERGENCY PURSUANT TO SECTIONS
14.05 AND 14.12 OF ORDINANCE NO. 11 -93 -1539; DIRECTING
THE CITY MANAGER TO EXERCISE ALL NECESSARY AND
APPROPRIATE POWERS TO PREPARE FOR AND RESPOND TO
HURRICANE IVAN; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION DECLARING A WEATHER EMERGENCY PURSUANT TO ORD. 11-
93 -1539 DIRECTING THE CITY MANAGER TO EXERCISE ALL NECESSARY AND
APPROPRIATE POWERS TO PREPARE AND RESPOND TO HURRICANE IVAN)
(City Manager)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO LOAN
REPAYMENT; AUTHORIZING THE CITY MANAGER TO USE AN
AMOUNT NOT TO EXCEED $159,500 FROM THE LOAN PROCEEDS AS
NEXT PAYMENT FOR THE $6.5 MILLION PARKING GARAGE LOAN
SCHEDULED FOR NOVEMBER 1, 2004; PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO USE AN AMT NOT
EXCEEDING" $159,500 FROM THE LOAN PROCEEDS AS NEXT PAYMENT FOR THE
s6.5 MILLION PARKING GARAGE LOAN SCHEDULED FOR 1111104)
(City Manager)
REGULAR CITY COMMISSION 4
AGENDA - September 21, 2004
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER A CONTRACT WITH ADVANCE DATA SOLUTIONS
FOR THE PURCHASE OF SOFTWARE AND SCANNERS IN AN AMOUNT
NOT TO EXCEED $34,746.00, DELL COMPUTERS FOR THE
PURCHASE OF A SERVER AND COMPUTER IN AN AMOUNT NOT TO
EXCEED $5,000.00 AND INTERNATIONAL DATA CONSULTANTS FOR
THE SERVICES IN THE INSTALLATION OF EQUIPMENT AND
SOFTWARE IN AN AMOUNT NOT TO EXCEED $2,500.00 AND
CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 001-1620 -
521.5220 TITLED "MICROFILM" ;AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH ADVANCE DATA SOLUTIONS FOR THE PURCHASE OF SOFTWARE
AND SCANNERS IN AN AMT NOT TO EXCEED $34, 746; DELL COMPUTERS FOR
THE PURCHASE OF A SERVER AND COMPUTER IN AN AMT NOT TO EXCEED
$5,000; AND INT'L DATA EQUIPMENT & SOFTWARE IN AN AMT NOT TO
EXCEED $2,500. CHARGING THE MICROFILM ACCT W/BAL $25,000)
(City Manager)
UNFINISHED BUSINESS
14. 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)
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 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) SECOND READING PUBLIC HEARING (S)
(None)
RESOLUTION (S) /PUBLIC HEARING (S)
16. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
REGULAR CITY COMMISSION 55
AGENDA - September 21, 2004
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 & 8/17/04)
(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)
RESOLUTION (S)
17. 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. (Deferred 8/17/04) 3/5
(A RESOLUTION ACCEPTING THE FORMAT OF THE CITY MANAGER'S ANNUAL
EVALUATION FORM)
(Mayor Russell)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL
AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY AMENDING SECTION 20 -3.1 ENTITLED
"ZONING USE DISTRICTS AND PURPOSES" IN ORDER TO ADD
A NEW HISTORIC PRESERVATION OVERLAY DISTRICT (HP -OV);
BY AMENDING SECTION 20 -5.17 ENTITLED "DESIGNATION OF
HISTORIC DISTRICTS" IN ORDER TO CLARIFY THE PROCESS
OF DESIGNATING HISTORIC SITES AND DISTRICTS;
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
REGULAR CITY COMMISSION 6
AGENDA - September 21, 2004
TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE
CAMBRIDGE LAWNS HISTORIC DISTRICT AND BY PLACEMENT OF
A HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE
EXISTING ZONING USE DISTRICT FOR THE AREA IDENTIFIED
IN THE CAMBRIDGE LAWN HISTORIC DISTRICT DESIGNATION
REPORT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
20. AN ORDINANCE OF THE MAYOR AND, CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE SINGLE
FAMILY HOME LOCATED AT 5625 SW 62nd AVENUE AS A
HISTORIC SITE AND BY PLACEMENT OF A HISTORIC
PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING
ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOE
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
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 ZMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOXSTEROUS'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 %
AGENDA - September 21, 2004