10-05-04MAYOR: 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: October 5, 2004 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: October 19, 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.
(NONE)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of September 21, 2004
REGULAR CITY COMMISSION 1
AGENDA - October 5, 2004
South Miami
II- merica lly
2001
MAYOR: 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: October 5, 2004 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: October 19, 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.
(NONE)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of September 21, 2004
REGULAR CITY COMMISSION 1
AGENDA - October 5, 2004
2. City Manager's Report:
a) Tree removal at 7500 SW 57bh Court
b) Request for feedback on the "Parking Committee Report"
presented to the City Commission at the June 8, 2004
meeting
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, RECOGNIZING CITY
GOVERNMENT WEEK, OCTOBER 17 -23, 2004, AND ENCOURAGING
ALL CITIZENS TO SUPPORT THE CELEBRATION; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION RECOGNIZING CITY GOVERNMENT WEEK, OCT. 17 -23/04
AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION)
(Mayor Russell)
S. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $4,450.00 TO US LAWNS
OF SOUTH DADE FOR SERVICES ASSOCIATED WITH LANDSCAPE
MAINTENANCE AND AUTHORIZE DISBURSEMENT FROM FY2003-
2004 ACCOUNT NUMBER 001 - 1730 - 541 -4625, "PUBLIC WORKS
DEPARTMENT LANDSCAPE MAINTENANCE "; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM
OF $4,450 TO "US LAWNS' OF SO DADE FOR SERVICES ASSOCIATED WITH
LANDSCAPE MAINTENANCE; AUTHORIZING DISBURSEMENT FROM THE PUBLIC
WORKS DEPT LANDSCAPE MAINTENANCE ACCT W /CURRENT BAL $11,403)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PURCHASE ONE F250 PICK UP TRUCK FROM
ATLANTIC TRUCK CENTER IN AN AMOUNT OF $29,919.00
TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT
STORMWATER OPERATING EQUIPMENT ACCOUNT NUMBER 111-
1730 -541 -6430; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE ONE F250
PICK UP TRUCK FROM ATLANTIC TRUCK CENTER IN AN AMT OF $29,919
CHARGING "STORMWATER OPERATING EQUIP ACCT W /CURRENT BAL
$29,919)
REGULAR CITY COMMISSION 2
AGENDA - October 5, 2004
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE A SUM OF $13,858 FROM ACCOUNT
NUMBER 01 -1910- 521 -3450 TO USA SOFTWARE INC., FOR THE
RENEWAL OF THE 2004/2005 POLICE DEPARTMENT
SUPPORT /MAINTENANCE AGREEMENT; PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM
OF $13,858 TO "USA SOFTWARE" FOR THE RENEWAL OF 04105 PD
SUPPORT /MAINTENANCE AGREEMENT; DISBURSEMENT FROM `CONTRACTUAL
SERVICES' ACCT W/ CURRENT BAL $93,621)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE A SUM OF $$,935.00 FROM ACCOUNT
NUMBER 01- 1910 -521 -3450 TO AETHER SYSTEMS INC., FOR
THE RENEWAL OF THE 2004/2005 SUPPORT /MAINTENANCE
AGREEMENT FOR THE POLICE DEPARTMENT. PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM
OF $8,935 TO "AETHER SYSTEMS" FOR THE RENEWAL OF THE FY 04105
SUPPORT / MAINTENANCE AGREEMENT FOR THE PD; CHARGING
`CONTRACTUAL SERVICES' ACCT W /CURRENT BAL $93,621)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $6,000 TO
COMMUNICATIONS INTERNATION INC., FOR THE PURCHASE OF
OPERATING EQUIPMENT FOR FISCAL YEAR 2004 -2005 TO THE
POLICE DEPARTMENT CHARGING THE FUNDS TO ACCOUNT
NUMBER 1910 - 521 -6430, (OPERATING EQUIPMENT);
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM
NOT TO EXCEED $6,000 TO "COMMUNICATIONS INTERNATION" FOR THE
PURCHASE OF OPERATING EQUIPMENT FOR FY 04105 TO THE PD CHARGING
`OPERATING EQUIP' ACCT W /CURRENT BAL $96,036)
(City Manager)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE A SUM NOT TO EXCEED $14,821 TO
IBM CORPORATION, FOR THE PURCHASE OF MOBILE DATA
TERMINALS FOR THE POLICE DEPARTMENT CHARGING THE
FUNDS TO ACCOUNT NUMBER 1910- 521 -6430, (OPERATING
EQUIPMENT); PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM
NOT TO EXCEED $14,821 TO "IBM CORP" FOR THE PURCHASE OF MOBILE
REGULAR CITY COMMISSION 3
AGENDA - October 5, 2004
DATA TERMINALS FOR THE PD; CHARGING `OPERATING EQUIP' ACCT
W /CURRENT BAL $96,036)
(City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $9,500 TO
CDW -G, FOR THE PURCHASE OF OPERATING EQUIPMENT FOR
FISCAL YEAR 2004 -2005 TO THE POLICE DEPARTMENT
CHARGING THE FUNDS TO ACCOUNT NUMBER 1910 - 521 -6430,
(OPERATING EQUIPMENT) . PROVIDING AN EFFECTIVE DATE.
3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM
NOT TO EXCEED $9,500 TO "CDW -G" FOR THE PURCHASE OF OPERATING
EQUIP FOR THE FY 04105 TO THE PD; CHARGING `OPERATING EQUIP'
ACCT W /CURRENT BAL $96,036)
(City Manager)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH SIGMA
COMMUNICATIONS INC., FOR THE REVERSE 911 INTERACTIVE
NOTIFICATION SYSTEM IN THE AMOUNT OF $30,811 TO BE
CHARGED TO EMERGENCY PREPAREDNESS GRANT ACCOUNT
NUMBER 114- 0000 - 331 -1535; PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH "SIGMA COMMUNICATIONS" FOR THE REVERSE 911
INTERACTIVE NOTIFICATION SYSTEM IN THE AMT OF $30,811; CHARGING
`EMERGENCY PREPAREDNESS GRANT' WHICH IS A REIMBURSABLE ACCT WITH
NO BALANCE)
(City Manager)
13. 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
$8,606.96; CHARGING $8,606.96 TO ACCOUNT NO. 1500-
514 -3440, OTHER CONTRACTUAL SERVICES - CONSULTING
LABOR; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO ATTORNEYS' FEES FOR AKERMAN SENTERFITT
IN THE AMT OF $8,606.96; CHARGING `OTHER CONTRACTUAL SERVICES -
CONSULTING LABOR' ACCT W /CURRENT BAL $25,446.75)
(City Attorney)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL
REGULAR CITY COMMISSION 4
AGENDA - October 5, 2004
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)
15. 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
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)
16. 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)
RESOLUTION (S) /PUBLIC HEARING (S)
17. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING.TO A REQUEST FOR
A VARIANCE FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT
CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE
5618 SQUARE FEET, WHERE A MINIMUM LOT SIZE OF 10,000
SQUARE FEET IS REQUIRED ON PROPERTY LOCATED AT 7001 SW
61 AVENUE, SOUTH MIAMI, FLORIDA WITHIN THE "MO" MEDIUM -
INTENSITY OFFICE ZONING USE DISTRICT; AND PROVIDING FOR
REGULAR CITY COMMISSION 5
AGENDA - October 5, 2004
AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR A VARIANCE OF THE LDC TO ALLOW THE LOT SIZE OF A
BUILDING SITE TO BE 5618 SQ FT, WHERE A MINIMUM OF 10,000 SQ FT IS
REQUIRED ON PROPERTY LOCATED AT 7001 SW 61 AVE)
(City Manager)
RESOLUTION (S)
18. 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 EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING A MERIT INCREASE OF $15,000 IN THE CITY
MANAGER'S SALARY)
(Mayor Russell)
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO FORMER CITY
MANAGER CHARLES SCURR'S PENSION; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A SETTLEMENT PAYMENT NOT TO EXCEED
$107,000 TO METLIFE INVESTORS INSURANCE COMPANY ON HIS
BEHALF AS SATISFACTION OF THE RETIREMENT CLAUSE IN HIS
EMPLOYMENT CONTRACT; PROVIDING FOR THE DISBURSEMENT
FROM SETTLEMENT ACCOUNT 001- 2100 - 519 -9924; AND
PROVIDING AN EFFECTIVE DATE. 4/5
(A RESOLUTION RELATING TO FORMER CITY MANAGER CHARLES SCURR'S
PENSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE A SETTLEMENT
PAYMENT NOT TO EXCEED $107,000 TO METLIFE INVESTORS INS CO ON HIS
BEHALF AS SATISFACTION OF THE RETIREMENT CLAUSE IN HIS EMPLOYMENT
CONTRACT; PROVIDING FOR THE DISBURSEMENT FROM THE SETTLEMENT ACCT
W/A PRESENT BAL $107,000)
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(None)
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
REGULAR CITY COMMISSION 6
AGENDA - October 5, 2004
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 - October 5, 2004