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agenda1MAYOR: Philip K. Stoddard CITY MANAGER: Hector Mirabile 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: September 21, 2010 Time: 7:00 PM Special Meeting date: September 28, 2010 Time: 7:30 Next Regular Meeting date: October 5, 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-judicial and administrative action. CALL TO ORDER: A. Please silence or turn off all cell phones. If you must speak please leave the room: B. Add-On Item(s): C. Roll Call: D. Moment of Silence: E. Pledge of Allegiance: F. Lobbyists addressing the City Commission tonight must have been registered with the City Clerk as indicated above. G. Presentation(s) 7:00 p.m. 1) Green Task Force/Farmers Market – Gray Read, Chair 2) Employee Recognition – Parks and Recreation Department ITEM (S) FOR THE COMMISSION’S CONSIDERATION: Approval of Minutes a) Minutes of August 19, 2010 b) Minutes of August 27, 2010 c) Minutes of September 7, 2010 2. City Manager’s Report (25 minutes) City Attorney’s Report (15-minutes) PUBLIC REMARKS (5 minutes) Commission Reports, Discussion & Remarks (25 minutes) Recommendation by Planning and Zoning regarding the Future Land Use Map for 62nd Avenue to the “Commercial Retail and Office (Two-Story) “ land use category that is in the current Comprehensive Plan. (Vice Mayor Newman) (BEGINNING OF CONSENT) 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 39th Annual  South Miami Art Festival  an event sponsored by Chamber South to be held in downtown South Miami on November 6-7, 2010;  providing for an effective date. 3/5 (A Resolution to permit the installation of a banner over Sunset Dr to promote the 39th Annual So Miami Art Festival an event sponsored by Chamber South to be held in downtown South Miami on Nov 6-7, 2010) (City Manager) 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to budget; authorizing an increase of $4,000.00 to account 608-1910-521-46-80, State Forfeiture - Maintenance and Outside Services; from account 608-0000-351-10-00, State Forfeiture Confiscated Revenue for Fiscal Year 2009/10 of $23,261.00, providing an effective date. 3/5 (A Resolution authorizing an increase of $4,000 to the State Forfeiture-Maintenance & Outside Services Acct, from the State Forfeiture Confiscated Revenue Acct w/current bal$23,261) (City Manager) 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to budget; authorizing a transfer of $2,000.00 from account 001-1910-521-4970, Employee Testing to account 001-1910-521-5410, Memberships & Subscriptions; providing an effective date. 3/5 (A Resolution authorizing a transfer of $2,000 from the Employee Testing Acct w/current bal$4,659 to the Memberships & Subscriptions acct) (City Manager) 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to budget; authorizing a transfer of $107,000 from account No. 001-2100-519-3457, settlements to account No. 001-1500-514-3410, Litigation-Special Projects and Cost; providing an effective date. 3/5 (A Resolution authorizing a transfer of $107,000 from Acct No. 2100-519-3457 w/current bal$127,000 to the Litigation-Special Project & Cost acct) (City Manager) 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to attorney fees; approving attorney fees for Squire Sanders and Dempsey, LLP in the amount of $46,908.64; charging account No. 001.1500.514.3410; and providing an effective date. 3/5 (A Resolution approving attorney fees for Squire Sanders and Dempsey, in the amt of $46,908.64; charging acct No. 001.1500.514.3410 w/current bal$12,438 & an anticipated bal$119,438) (City Manager) 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to attorney fees; approving attorney fees for Squire Sanders and Dempsey, LLP in the amount of $25,998.72; charging account No. 001.1500.514.3410; and providing an effective date. 3/5 (A Resolution approving attorney fees for Squire Sanders and Dempsey, in the amt of $25,998.72; charging acct No. 001.1500.514.3410 w/current bal$12,608 & an anticipated bal$119,608) (City Manager) 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to budget; authorizing a transfer of $4,980 from account No.001.1320.513.4110, Communications and Freight Postage, settlements to account No. 001-1310-513-3450, City Managers Contractual Services; providing an effective date. 3/5 (A Resolution authorizing a transfer of $4,980 from the Communications & Freight Postage Acct w/current bals$8,129, to the City Managers Contractual Services Acct) (City Manager) (THIS ITEM WILL BE PULLED BY THE CITY MANAGER) 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse a sum in an amount not to exceed $13,710.48 to Miami Dade Enterprise Technology Services Department for radio and technological repairs and services from account 001-2100-519-4425, lease purchase 800 MHZ equipment, with a current balance of $40,000.00; providing for an effective date. 3/5 (A Resolution authorizing a transfer of $107,000 from Acct No. 2100-519-3457 w/current bal$40,000 to the Litigation-Special Project & Cost acct) (City Manager) (END OF CONSENT) RESOLUTION (S) 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to hire FirstSouthwest as the City’s Financial Advisor to analyze the City’s financial position with respect to bond re-financing; and providing an effective date. (Deferred 9/07/10) 3/5 (A Resolution authorizing the City Manager to hire FirstSouthwest as the City’s Financial Advisor) (City Manager 14. A Resolution of the Mayor and City Commission of the City of South Miami, authorizing the City Manager to receive escrow monies from Larkin Community Hospital relating to the construction of street closure improvements on SW 70th Street west of SW 62 Avenue; authorizing the City Manager to hold such escrow monies from Larkin Community Hospital subject to terms and conditions hereinafter set forth; and providing an effective date. 3/5 (A Resolution authorizing the CM to receive escrow monies from Larking Hospital relating to the construction of street closure improvements on Sw 70 St west of SW 62 Av; authorizing the CM to hold such escrow monies from Larkin Hospital subject to the terms & conditions hereinafter set forth) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 15. 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 (City Manager) 16. 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; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager) 17. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending the South Miami Pension Plan, providing for an amendment to Section 16-12, Definitions, to comply with current City policy concerning the definitions of annual compensation, final average compensation, department head, employee, full time employee, participation and part-time employee; amending Section 16-14(f)(1)(b) to allow retired participants to change a beneficiary up to two times at the participant’s cost in compliance with Chapter 2009-97, Laws of Florida; amending the City of South Miami Police Officers Retirement Trust Fund to provide for compliance with chapter 2009-97, Laws of Florida; amending Section 16-17(b) to eliminate the 3% interest payment on return of contribution; providing for severability; providing for codification; and providing for an effective date. 3/5 (City Manager) (Deferred 8/03/10 & 9/07/10) 18. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, modifying chapter 13 of the City Code to substitute the term Business Tax Receipt for occupational license tax to conform with the term used in Chapter 205 F.S.; providing for severability, conflict and an effective date. 3/5 (City Manager) RESOLUTION (S) PUBLIC HEARING (S) 19. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving an employment agreement between the City of South Miami and Hector Mirabile, Ph.D the new City Manager; and providing an effective date. 3/5 (A Resolution approving an employment agreement between the CSM & Dr. Mirabile, the new City Manager) (Mayor Stoddard) 20. A Resolution of the Mayor and City Commission of the City of South Miami, Florida relating to the issuance of a Certificate of Appropriateness pursuant to Section 20-5.19(E)(3) of the Land Development Code to permit new paving and fencing on a designated historic single family building located at 6134 SW 56 Street (Miller Drive)in the Cambridge Lawns Historic District; providing an effective date. 3/5 (A Resolution to permit new paving and fencing on a historic building located at 6134 SW 56 St) (City Manager) 21. A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20-3.4(b)(4)(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 7301 SW 57 Court (Plaza 57 Building) within the “SR(HD-OV)” Specialty Retail (Hometown District-Overlay Zone); and providing an effective date. 4/5 (A Resolution for a Special Use approval to locate a general restaurant at 7301 SW 57 Ct) (City Manager) ORDINANCE (S) FIRST READING 22. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to an amendment to the South Miami Code of Ordinances Section 15C-1 entitled “Valet Parking Permits for Use of Public Property” in order to remove a provision in Sec. 15C-1(2)(b) which sets forth a specific rental fee for use of public on-street curbside spaces; the rental fee to be placed in the City’s Permit Fee Schedule; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager) 23. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled “Mixed Use-Affordable Housing (Two story)” which in the future could be applied to development projects providing affordable housing units and commercial uses; providing an effective date; providing for severability, providing for ordinances in conflict; and providing an effective date. 4/5 (City Manager) 24. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20-3.1 entitled “Zoning Use Districts and Purposes” and amending Section 20-3.3(D) entitled “Permitted Use Schedule” and Section 20-3.5(F) entitled “Dimensional Requirements Multi-Family Districts” in order to create a “MU-AH”, Mixed Use-Affordable Housing (Two story) Zoning Use District and to describe the purpose of the district, set forth uses permitted, and establish dimensional requirements, all for a zoning use district which in the future could be applied to development projects providing affordable housing units and commercial uses; providing for severability, providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager) 25. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20-3.5(E), entitled “Dimensional Standards Single Family Districts” by transferring all provisions related to two story single family structures to existing Section 20-3.5(H), entitled “Special dimensional and performance standards for two-story single structure and two-story additions”; and making technical adjustments to Section 20-3.5(H); providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager) 26. An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Mixed-Use Commercial Residential (Four Story) to Parks and Open Space  for the three properties identified as a part of the Murray Park Community Center  located at 5845-5855 SW 68th Street and 6731 SW 58th Place, and legally described as Lots 10 thru 12, Block 8, Townsite of Larkins (Folio Nos. 09-4025-028-0900, 09-4025-028-0910, 09-4025-028-0920); providing for severability; providing for ordinances in conflict; and providing an effective date. 4/5 (City Manager) 27. An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Single-Family Residential (Two-Story) to Parks and Open Space for the property identified as a part of the Murray Park Community Center located at 5800 SW 66th Street and legally described as Lot 1, Block 1, Larkins Townsite (Folio No. 09-4025-028-0010); providing for severability; providing for ordinances in conflict; and providing an effective date. 4/5 (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.