agendaCITY COMMISSION AGENDA
City Commission Meeting
Regular Meeting date: March 2, 2010 Time: 7:30 PM
Next Meeting date: March 16, 2010 Time: 7:30 PM
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340
City of South Miami Ordinance No. 08 -06 -1876 requires all
lobbyists before engaging in any lobbying activities to register with
the City Clerk and pay an annual fee of $500.00 per Ord. No. 44 -08-
1979. 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- iudicial and administrative action.
CALL TO ORDER:
A. Please silence or turn off all cell phones. If you must
speak please leave the room:
B. Roll Call:
C. Invocation:
D. Pledge of Allegiance:
E. Lobbyists addressing the City Commission tonight must have
been registered with the City Clerk as indicated above.
F. Presentation(s) 7:00 p.m.
1. Recognition for Commissioner Palmer receiving her
Doctorate's Degree
2. Recognition for Dr. Joyce Price organizing the MLK Parade
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AGENDA - March 2, 2010
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of February 10, 2010
b) Minutes of February 16, 2010
2. City Manager's Report (25 minutes)
a) Annual Report required by the First on Sunset Project (aka
Project Sunset) Development Agreement submitted by Jerry
Proctor, Esq. representing project developer and property
owner South Miami Corporation. This report is more
commonly know as the 1St National Bank of South Miami
Site.
b) Annual Report required by the Red Road Commons Development
Agreement submitted by Jerry Proctor, Esq. representing
project developer, RRC 57th Avenue, LLC.
c) Annual Affordable Housing Compliance Report required by
the Red Road Commons Development Agreement (Sec. 2f),
submitted by Jerry Proctor, Esq. representing project
developer, RRC 57th Avenue, LLC.
d) Miami -Dade County Days in Tallahassee, April 21 -22, 2010
Discussion. (Verbal)
e) Pension Actuary Selection Process. This item relates to
the work of the Pension Ad Hoc Committee. (Verbal)
f) Report on South Miami Hospital Minor Change to 2002
Approved PUD: Explanation of Parking Minor Change.
g) Clarification of City of South Miami Charter provision in
Art. IV, Sec. 4D; this item relates to a Charter provision
requiring contracts of more than one year duration
requiring a single public hearing before adoption.(Verbal)
h) Discussion of Code Enforcement Manager, Carmen Quinn's
Charge memo. This item relates to the first year priorities
for the new Code Enforcement Manager and seeks City
Commission input.
i) City towing solutions; need for an RFP. (Verbal)
j) City Health, Life and Dental programs; renewal discussion
for insurance carriers and agent of record. (Verbal)
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AGENDA - March 2, 2010
k) Report on Atlantic Broadband Public Hearing. (Verbal)
1) People's Transportation Plan Municipal Share Distribution:
Discussion
3. City Attorney's Report (15- minutes)
PUBLIC REMARKS
(5 minutes)
COMMISSION REPORTS,
AND REMARI
(25 minutes)
a) Discussion of need for expanded homeless assistance
effort.
(Commissioner Harris)
(BEGINNING OF CONSENT)
4. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the Acting
City Manager to enter into Mutual Aid Agreement with
the City of Miami Beach Police Department for general
and specific law enforcement duties on behalf of the
City of South Miami Police Department pursuant to
Section 23.1225 (3), Florida Statutes; providing an
effective date. 3/5
(A Resolution authorizing the Acting City Manager to enter into Mutual
Aid Agreement with the City of Miami Beach PD for general and specific
law enforcement duties)
(Acting City Manager)
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida concerning an application
pursuant to Land Development Code Section 20- 4.3(n) to
permit the installation of a banner over Sunset Drive
to promote the 8th Annual Fairchild Tropical Garden
Orchid Festival a fund raising event to be held at the
gardens March 12 -14, 2010; providing for an effective
date. 3/5
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AGENDA - March 2, 2010
(A Resolution to permit the installation of a banner over Sunset Dr to
promote the 8Cb Annual Fairchild Tropical Garden Orchid Festival to be
held at the Gardens March 12 -14, 2010)
(Acting City Manager)
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, urging the Florida
Congressional Delegation to support the Jobs for Main
Street Act, which is known as the HR 2847 Jobs Bill;
and providing for an effective date. 3/5
(A Resolution urging the Florida Congressional Delegation to support the
Jobs for Main Street Act, which is known as the HR 2847 Jobs Bill)
(Acting City Manager)
(END OF CONSENT)
RESOLUTION (S)
7. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to the procedure
for transmitting resolutions, urging the State or
Federal legislators to act on behalf of the City;
providing an effective date. 3/5
(A Resolution relating to the procedure for transmitting resolutions,
urging the State or Federal legislators to act on behalf of the City)
(Mayor Stoddard)
8. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City to
provide legal representation for the Mayor and /or
Commissioners on any matter arising out of their
performance of his /her official duties as a duly
elected official of the City; and providing an
effective date. 3/5
(A Resolution authorizing the City to provide legal representation for
the Mayor and /or Commissioners on any matter arising out of their
performance of his /her official duties as a duly elected official of the
City)
(Mayor Stoddard)
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Attorney to verify that Article II,- Section 6.1 of the
City's Charter conforms with the amendment adopted by
voters on November 4, 2008; and providing an effective
date. 3/5
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AGENDA - March 2, 2010
(A Resolution authorizing the City Attorney to verify that Article II,
Section 6.1 of the City's Charter conforms with the amendment adopted by
voters on November 4, 2008)
(Commissioner Harris)
10. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, approving and authorizing
the Acting City Manager to execute a one -year agreement
between the American Federation of State, County and
Municipal Employees, AFL -CIO; Local 3294 (hereinafter
referred to as AFSCME) and the City of South Miami:
providing for an effective date. 3/5
(A Resolution approving and authorizing the Acting City Manager to
execute a one year agreement between the American Federation of State,
County and Municipal Employees, AFL -CIO)
(Acting City Manager)
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to issue a purchase order to Xerox Audio
Visual Solutions for installation of a V -brick Windows
Medial Channel Encoder in order for AT &T U -Verse to
transmit the City Channel 77 as part of their regular
schedule, as per AT &T engineering documentation
requirements, charging Video Encoder and installation
in the amount of $9,197.00 to account 001- 2100 -519-
9920, entitled General Contingency, with a current
balance of $36,546.89; providing for an effective
date. 3/5
(A Resolution authorizing the City Manager to issue a purchase order to
Xerox Audio Visual Solutions for installation of a V -brick Windows Medial
Channel Encoder in order for AT &T U -Verse to transmit the City Channel 77
as part of their regular schedule; charging Video Encoder and
installation in the amt of $9,197.00 to the General. Contingency acct
w /current bal$36,546.89)
(Acting City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(NONE)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
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AGENDA - March 2, 2010
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
12. An Ordinance of the Mayor and the City Commission of
the City of South .Miami, Florida, adopting the
Evaluation and Appraisal Report (EAR) Based Text
Amendments to the South Miami Comprehensive Plan; the
amendments are to the goals, objectives, and policies
for the following Comprehensive Plan Elements: Future
Land Use; Transportation; Housing; Infrastructure;
Conservation; Recreation and Open Space; Inter-
governmental Coordination; and Capital Improvements;
providing for severability, ordinances in conflict, and
providing an effective date. 4/5
(Commissioner Beasley)
ORDINANCE (S) FIRST
13. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to amendments
to Land Development Code: Section 20 -2.3 entitled
"Definitions" in order to provide a definition of
"Liquor Store "; Section 20- 3.3(D) entitled "Permitted
Use Schedule" in order to change drinking place and
liquor store from a Permitted use in commercial zoning
use districts to a Special use in commercial zoning
use districts; Section 20 -3.4 entitled "Special use
conditions" in order to provide regulations allowing
for a revocation of a special use approval; providing
for severability; providing for ordinances in
conflict; and providing for an effective date. 3/5
(Acting City Manager)
14. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida amending the South Miami
Code of Ordinances Chapter 15, Article III by creating
a new Section 15 -101 entitled "Prohibition of right -of-
way vendors, peddlers and solicitors on certain roads ";
and Section 15 -102 "Aggressive or Obstructive
Panhandling Prohibited "; limiting right -of -way vendors
and solicitors on certain City roadways and
intersections; prohibiting aggressive panhandling
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AGENDA - March 2, 2010
citywide; providing for severability; providing for
ordinances in conflict; and providing for an effective
date. 3/5
(Acting City Manager)
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."
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 EASED. THIS
NOTICE DOES NOT CONSTITUTE 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 - March 2, 2010