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MAYOR: Philip K. Stoddard ACTING CITY MANAGER: Buford R. Witt
VICE MAYOR: Valerie Newman CITY ATTORNEY: Laurence Feingold
COMMISSIONER: Velma Palmer CITY CLERK: Maria M. Menendez
COMMISSIONER: Brian D. Beasley
COMMISSIONER: Walter A. Harris
CITY COMMISSION AGENDA
City Commission Meeting
_______________________________________________________________
Regular Meeting date: August 17, 2010 Time: 7:00 PM
ext Regular Meeting date: September 7, 2010 Time: 7:30 PM N
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-judicial and administrative action.
CALL TO ORDER:
A. Please silence or turn off all cell phones. If you must
the room: speak please leave
s): B. Add-On Item(
C. Roll Call:
D. Moment of Silence:
E. Pledge of Allegiance:
F. Lobbyists addressing the City Commission tonight must have
ity Clerk as indicated above. been registered with the C
ation(s) 7:00 p.m. G. Present
(NONE)
REGULAR CITY COMMISSION
AGENDA – August 17, 2010 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of July 27, 2010
b) Minutes of August 3, 2010
2. City Manager’s Report (25 minutes)
3. City Attorney’s Report (15-minutes)
PUBLIC REMARKS
(5 minutes)
4. Commission Reports, Discussion & Remarks (25 minutes)
(UNFINISHED BUSINESS)
ORDINANCE (S) FIRST READING
5. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida amending the South Miami
Code of Ordinances by adding Section 7-17 entitled
“Type of Construction Required of All Principal
Buildings” and Section 7-18 entitled “Staging of
construction and damage to public property, rights-of-
way, alleys or easements and trees and landscaping” to
Chapter 7 “Buildings” in order to list the types of
construction allowed and prevent damage to public
property; providing for severability; providing for
ordinances in conflict; and providing for an effective
date. (Deferred 7/20/10) 3/5
(Acting City Manager)
6. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida amending the South Miami
Code of Ordinances by amending Chapter 10a Floods
Article 2 Definitions “Manufactured home”; providing
for severability; providing for ordinances in conflict;
and providing for an effective date.(Deferred 7/20/10)3/5
(Acting City Manager)
7. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
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AGENDA – August 17, 2010 2
Development Code Section 20-8.9 entitled “Special
exceptions” in order to set a time limit for commencing
a development project which has been granted a special
exception in a Transit Oriented Development District
(TODD); providing for severability; providing for
ordinances in conflict; and providing an effective
date. 3/5
(Acting City Manager)
8. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-6.1
(a)(3) of the Land Development Code entitled
“Administrative Entities-City Commission” in order to
revise provisions related to the vote requirement of
the City Commission on ordinances and resolutions
pertaining to the land use and development regulations
in order to make the voting requirement consistent with
the Charter Amendment adopted November 4, 2008 and with
the interpretation of the Charter Amendment as set
forth in Resolution No. 53-10-13087; providing for
severability; providing for ordinances in conflict; and
providing an effective date. 3/5
(Acting City Manager)
9. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-3.3
(D) of the Land Development Code entitled “Permitted
Use Schedule” in order to: change the existing “School,
Elementary or Secondary” use category and the existing
“School, Vocational” use category from “P” Permitted
use category to “S” Special Use category; to create a
new use type entitled “School, Private or Charter” with
all development in the new “School, Private or Charter”
use category being classified as an “S” Special Use;
and amending Section 20-3.4 entitled “Special Use
Conditions” in order to set forth general and special
requirements applicable to all three school use
categories; providing for severability; providing for
ordinances in conflict; and providing an effective
date. 3/5
(Mayor Stoddard)
10. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-
5.16(F) of the Land Development Code entitled “Unity
of Title submittal procedures” in order to remove all
references to a Declaration of Restrictive Covenants in
Lieu of Unity of Title and subsection 20-5.16(F)
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AGENDA – August 17, 2010 3
entitled “Required provisions to be included in the
Declaration of Restrictive Covenants in Lieu of Unity
of Title”; amending Section 20-7.30 (A) and Section 20-
8.16 (A) to remove all references to a Declaration of
Restrictive Covenants in Lieu of Unity of Title;
providing for severability; providing for ordinances in
conflict; and providing an effective date. 3/5
(Mayor Stoddard)
(END OF UNFINISHED BUSINESS)
(BEGINNING OF CONSENT)
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the Acting
City Manager to accept a donation of $345.00 from CE
North America, LLC, increasing the expenditure line
item for Cheerleading (001-2000-572-5631), by $345.00,
through account number 001-0000-366-91-00,”Donation
Account”; providing for an effective date. 3/5
(A resolution authorizing the ACM to accept a donation of $345 from CE No
America, increasing the expenditure line item for the Cheerleading Acct)
(Acting City Manager)
12. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing James Adt to serve on the
Citizens Advisory Group (Urban Landscape) for an
unexpired term ending April 18, 2012; and providing an
effective date. 3/5
(A resolution appointing James Adt to serve on the Urban Landscape
Advisory Group for an unexpired term ending 4/18/12)
(City Commission)
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida appointing Buck Reilly as
the City of South Miami representative to the Miami-
Dade Office of Community Image Advisory Board (CIAB);
providing for an effective date. 3/5
(A resolution appointing Buck Reilly as the CSM representative to the
Miami-Dade Office of Community Image Advisory Board)
(Mayor Stoddard)
14. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Ana D. Sanchez to serve on the
South Miami Community Redevelopment Agency (SMCRA)
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AGENDA – August 17, 2010 4
Board for a two-year term ending August 16, 2012; and
providing an effective date. 3/5
(A resolution appointing Ana D. Sanchez to serve on the (SMCRA) Board for
a two-year term ending August 16, 2012)
(Mayor Stoddard)
15. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, declaring the policy of
the City to encourage and promote community gardens
within the City; providing an effective date. 3/5
(A resolution declaring the policy of the City to encourage and promote
community gardens within the City)
(Commissioner Harris)
16 A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $25,000.00 from account No.
001-1790-519-6440, Public Works Capital Improvements,
settlements to account No. 001-1410-513-3450, Finance
Contractual Services; providing and effective date. 3/5
(A resolution authorizing a transfer of $25,000.00 from the Public Works
Capital Improvements Acct w/current bal$148,885.58, to the Finance
Contractual Services w/current bal$51,074.97)
(Acting City Manager)
17. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to engage Keefe, McCullough & Co., LLP for
an amount not to exceed $25,000 to perform a special
audit of the city owned parking garage located at 5829
SW 73rd Street; and providing an effective date. 3/5
(A resolution authorizing the ACM to engage Keefe, McCullough & Co. for
an amt not to exceed $25,000 to perform a special audit of the City-owned
parking garage located at 5829 SW 73 St)
(Acting City Manager)
(END OF CONSENT)
RESOLUTION (S)
18. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to hire Richard Montalbano of RBC Capital
Markets as the City’s Financial Advisor to analyze the
City’s financial position with respect to bond re-
financing; and providing an effective date. 3/5
(A resolution authorizing the ACM to hire Richard Montalbano of RBC
Capital Markets as the City’s Financial Advisor)
(City Attorney) (Deferred 07/20/10)
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AGENDA – August 17, 2010 5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
19. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, proposing to the City’s
electors amendments to Articles III and VI of the
City’s Charter to provide that all department directors
appointed by the City Manager shall be subject to the
approval or rejection by the City Commission; providing
for the proposed amendment to be submitted to the
City’s electors at the next General Election of
November 2, 2010; providing ballot language; directing
the City Clerk to take all necessary actions to carry
out the provisions of this ordinance; providing an
effective date for the amendment and directing the City
Clerk to incorporate the amendment into the charter and
to file the revised Charter with the Florida Department
of State; providing for severability, conflict, and an
effective date. 3/5
(Mayor Stoddard)
20. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the South Miami
Code of Ordinances by creating Chapter 19A “Towing
Regulations”, regulating towing within the City;
providing for conflict, severability and an effective
date. (Approved 1st Reading 07/27/10) 3/5
(Commissioner Beasley)
21. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida relating to Article III
“Boards and Committees” of the Code of Ordinances;
amending Parks and Recreation Board section 2-26.3 (a)
and (c) by increasing the number of voting members
from seven (7) to nine (9); updating appointment of
membership to comply with Charter amendment approved by
the voters at the February 9, 2010 General and Special
Election; and, by amending the quorum; providing for
severability, ordinances in conflict, and an effective
date. 3/5
(Mayor Stoddard)
RESOLUTION (S) PUBLIC HEARING (S)
22. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida relating to the issuance
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AGENDA – August 17, 2010 6
of a Certificate of Appropriateness pursuant to Section
20-5.19(E)(3) of the Land Development Code to permit
exterior renovation on a designated historic single
family building located at 6118 SW 56 Street (Miller
Drive)in the Cambridge Lawns Historic District;
providing an effective date. 3/5
(Acting City Manager)
(A resolution to permit exterior renovation on a designated historic
single family building located at 6118 SW 56 St)
23. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to financial
audit services, authorizing the Acting City Manager to
hire a new financial auditor and execute a two-year
audit contract with the audit firm of Keefe, McCullough
& CO. LLP., with the option to renew for one year, if
so desired by the City, and providing for an effective
date. 3/5
(Acting City Manager)
(A resolution authorizing the ACM to hire a new financial auditor and
execute a two-year audit contract with the audit firm of Keefe, McCullough
& CO., with the option to renew for one year)
ORDINANCE (S) FIRST READING
(CONT’D)
24. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-3.3
(D) of the Land Development Code entitled “Permitted
Use Schedule” in order to change the Group Home I use
category from a “P” Permitted use category to the “S”
Special Use category; and amending Section 20-3.4
entitled “Special use conditions” in order to set forth
general and special requirements applicable to Group
Home I uses; providing for severability; providing for
ordinances in conflict; and providing an effective
date. 3/5
(Acting City Manager)
25. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-
5.19(E)(3) of the Land Development Code entitled
“Certificates of Appropriateness” in order to modify
subsection (3) to provide that decisions of the
Historic Preservation Board on certificates of
appropriateness to be final; and providing for an
appeal of any decisions on certificates of
appropriateness to be made to the City Commission;
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AGENDA – August 17, 2010 7
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AGENDA – August 17, 2010 8
providing for severability; providing for ordinances in
conflict; and providing 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 BASED. 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.