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09-21-04�r F South Miami AII- America CRY i.. k i 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