11-16-04\4AYOR: 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 $iris- Cooper
COMMISSIONER: Craig Z.'Sherar
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: November 16, 2004 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: December 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) The Police Department to present awards to the following Officers:
October Officers of the Month: Officers Carlos Alvarez and Eric
Pulido
(2) Presentation of the `Upcoming Trolley Route.'
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AGENDA - November 16, 2004
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of September 14, 2004
2. Minutes of November 1, 2004
2. City Manager's Report:
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, RELATING TO ATTORNEYS'
FEES; 'APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $13,767.83; CHARGING
$13,767.83 TO ACCOUNT NO. 001- 1500 -514 -3410, LEGAL
SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO
IN THE AMT OF $13,767.83; CHARGING THE `LEGAL SERVICES/ NON-
RETAINER' ACCT W /CURRENT BAL $80,000)
(City Attorney)
S. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING DR. ANNA PRICE TO SERVE ON THE
COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD FOR AN
UNEXPIRED TERM ENDING MARCH 15, 2006; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING DR. ANNA PRICE TO SERVE ON THE CRA BOARD
FOR AN UNEXPIRED TERM ENDING 3115106)
(Mayor Russell)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE PROFESSIONAL GENERAL ENGINEERING
SERVICES AGREEMENTS WITH MILIAN SWAIN & ASSOCIATES,
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AGENDA - November 16, 2004
INC., H.J. ROSS ASSOCIATES AND CORZO CASTELLA CARBALLO
THOMPSON SALMAN, P.A.; PROVIDING FOR AN EFFECTIVE DATE.
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL
GENERAL ENGINEERING SERVICES AGREEMENTS WITH MILIAN SWAIN &
ASSOC.; H.J. ROSS ASSOC; AND, C3TS) 3/5
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE
(LOBBYING) SERVICES; APPROVING FUNDING NOT TO EXCEED
$42,000.00 FOR THE FIRM OF GOMEZ BARKER ASSOCIATES,
INC. FROM ACCOUNT NUMBER 001 - 1315 - 513 -3450; PROVIDING
AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO LOBBYING SERVICES APPROVING FUNDING NOT
TO EXCEED $42,000 FOR GOMEZ BARKER ASSOC FROM CONTRACTUAL SVCS
ACCT W/BAL $42,000)
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
8. 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 CHANGING THE ZONING USE
DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED
DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED
UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT
6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE
PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF
A MIXED USE PROJECT CONSISTING OF MULTI - FAMILY
RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING
GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO
THE DETERMINATION OF CONCURRENCY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 4/5
(City Manager)
9. 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 UPDATE THE LIST AND
PURPOSE STATEMENTS FOR EXISTING ZONING DISTRICTS;
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
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AGENDA - November 16, 2004
RESOLUTION (S) /PUBLIC HEARING (S)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A MASTER SITE
PLAN AND DEVELOPMENT PROGRAM FOR CERTAIN PROPERTY IN A
"PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING
DISTRICT MORE SPECIFICALLY LOCATED AT 6600 -6640 SW 57
AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS
OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE, AND
URBAN DESIGN ISSUES, AND CONSTRUCTION OF APPROPRIATE
PUBLIC INFRASTRUCTURE AND LANDSCAPING; AND PROVIDING AN
EFFECTIVE DATE. 4/5
(A RESOLUTION APPROVING A MASTER SITE PLAN AND DEVELOPMENT PROGRAM
IN A `PUD' ZONING DISTRICT AT 6600 -6640 SW 57 AVE AND 5757 SW 68
ST)
(City Manager)
11. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW
FOR THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY
PROVISIONS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH
MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE
MIAMI DADE COUNTY CODE PERTAINING TO A WAIVER OF PLAT
FOR PROPERTY LOCATED AT 5837 SW 82 STREET, SOUTH MIAMI,
FLORIDA WITHIN AN "RS -3" LOW DENSITY SINGLE - FAMILY
ZONING USE DISTRICT; PROVIDING FOR A LEGAL DESCRIPTION;
AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Deferred 10119104)
(A RESOLUTION PERTAINING TO A WAIVER OF PLAT TO CREATE TWO
BUILDABLE LOTS AT 5837 SW 82m ST)
(City Manager)
12. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND
DEVELOPMENT CODE TO ALLOW THE LOT FRONTAGE OF A
BUILDING SITE TO BE 73.47 FEET, WHERE A MINIMUM OF 75
FEET IS REQUIRED ON PROPERTY LOCATED AT 5837 SW 82
STREET, SOUTH MIAMI, FLORIDA WITHIN AN "RS -3" LOW
DENSITY SINGLE - FAMILY RESIDENTIAL ZONING USE DISTRICT;
AND PROVIDING FOR AN EFFECTIVE DATE 4/5
(Deferred 10119104)
(A RESOLUTION REQUESTING A VARIANCE TO ALLOW THE LOT FRONTAGE OF A
BUILDING SITE TO BE 73.47 FEET, WHERE A MINIMUM OF 75 FEET IS
REQUIRED ON PROPERTY LOCATED AT 5837 SW 82 ST)
(City Manager)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
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AGENDA - November 16, 2004
SECTION 20-5.19(E) (3 ) OF THE LAND DEVELOPMENT CODE FOR
A CERTIFICATE OF APPROPRIATENESS TO PERMIT EXTERIOR
RESTORATION TO A PROPERTY LOCATED AT 6234 SW 56 STREET
WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION REQUESTING A PERMIT FOR THE EXTERIOR RESTORATION OF
A PROPERTY LOCATED AT 6234 SW 56 ST WITHIN THE CAMBRIDGE LAWNS
HISTORIC DISTRICT)
(City Manager)
RESOLUTION (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH
MIAMI PENSION PLAN, PROVIDING FOR ELIGIBILITY AT DATE
OF EMPLOYMENT FOR POLICE OFFICER EMPLOYEES OF THE CITY
OF SOUTH MIAMI; PROVIDING FOR A MINIMUM RATE OF BENEFIT
ACCRUAL FOR POLICE OFFICER EMPLOYEES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(City Manager)
THE CITY ADVISES THE PUBLIC THAT SECTION 871.01 FLA. STAT. MAKES
IT A MISDEMEANOR OF THE SECOND DEGREE TO WILLFULLY INTERRUPT OR
DISTURB A PUBLIC ASSEMBLY SUCH AS A CITY COMMISSION MEETING.
PLEASE TAKE NOTICE THAT THE CITY INTENDS TO ENFORCE SECTION
871.01 FLA. STAT., WHEN PERSONS DELIBERATELY ACT TO DISTURB OR
INTERRUPT THE MEETING OF THE CITY COMMISSION.
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING
EFFICIENT AND ORDERLY COMMISSION MEETINGS. 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."
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AGENDA - November 16, 2004
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.
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AGENDA - November 16, 2004