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agendapackage MAYOR: Philip K. Stoddard, PhD CITY MANAGER: Hector Mirabile, PhD VICE MAYOR: Valerie Newman CITY ATTORNEY: Laurence Feingold COMMISSIONER: Velma Palmer, PhD CITY CLERK: Maria M. Menendez COMMISSIONER: Brian D. Beasley COMMISSIONER: Walter A. Harris CITY COMMISSION AGENDA City Commission Meeting _______________________________________________________________ Regular Meeting date: October 5, 2010 Time: 7:00 PM Special Meeting date: October 8, 2010 Time: 6:00 PM ext Regular Meeting date: October 19, 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 G. Presentation(s) 7:00 p.m. 1) Swearing-In Ceremony for City Manager Hector Mirabile, PhD Committee 2) Recognition to the FY 2010-2011 Budget & Finance 3) Recognition to the South Miami Police Explorers 4) Digital Payment Technologies, Corp. Presentation REGULAR CITY COMMISSION AGENDA – October 5, 2010 1 ITEM (S) FOR THE COMMISSION’S CONSIDERATION: 1. Approval of Minutes None 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) Scheduling a COW for review of Commission action priorities - Tuesday, October 12, 2010 at 6:00 p.m. (Mayor Stoddard) UNFINISHED BUSINESS RESOLUTION (S) PUBLIC HEARING (S) 5. 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 (City Manager-Planning Dept) (END OF UNFINISHED BUSINESS) (BEGINNING OF CONSENT) 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to authorization of the City Manager as signatory in city bank accounts; providing for an effective date. 3/5 (City Manager-Finance Dept) 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to the Pension REGULAR CITY COMMISSION AGENDA – October 5, 2010 2 Ad Hoc Committee; providing for the extension of membership; and providing an effective date. 3/5 (City Manager-Finance Dept) 8. A resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to boards and committees; appointing Bickley F. Simpson to serve on the Green Task Force for a two-year term ending October 4, 2012; and providing an effective date. 3/5 (Vice Mayor Newman) 9. A resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to boards and committees; appointing Marice Chael to serve on the Citizens Advisory Group (Community Gardens & Farmers Market) for a two-year term ending October 4, 2012; and providing an effective date. 3/5 (Mayor Stoddard) 10. A resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to boards and committees; appointing Daisy Harrell to serve on the Citizens Advisory Group (Community Gardens & Farmers Market) for a two-year term ending October 4, 2012; and providing an effective date. 3/5 (Commissioner Palmer) 11. A resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to boards and committees; appointing Gray Read to serve on the Citizens Advisory Group (Community Gardens & Farmers Market) for a two-year term ending October 4, 2012; and providing an effective date. 3/5 (Commissioner Beasley) 12. A resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to boards and committees; appointing Pam Lahiff to serve on the Citizens Advisory Group (Community Gardens & Farmers Market) for a two-year term ending October 4, 2012; and providing an effective date. 3/5 (City Commission) 13. A resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to boards and committees; appointing Lisa Yoss to serve on the Citizens Advisory Group (Community Gardens & Farmers REGULAR CITY COMMISSION AGENDA – October 5, 2010 3 Market) for a two-year term ending October 4, 2012; and providing an effective date. 3/5 (Vice Mayor Newman) 14. A resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to boards and committees; appointing Annick D. Sternberg to serve on the Citizens Advisory Group (Community Gardens & Farmers Market) for a two-year term ending October 4, 2012; and providing an effective date. 3/5 (Commissioner Harris) 15. A resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to enter into a mutual aid agreement with the City of Miami 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 for an effective date. 3/5 (City Manager-Police Dept) 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to permit Chamber South, a non-profit organization to hold their 39th Annual South Miami Art Festival on November 6-7, 2010, which would be held in the downtown South Miami area on Sunset Drive; providing for an effective date. 3/5 (City Manager-Park/Rec Dept) 17. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to transfer $3,057.42 from account # 001-2020- 519-6430 (Operating Equipment) to account # 001-2020- 519-4310 (Electricity). This fund transfer will be used to pay the Community Center’s electricity bill; providing an effective date. 3/5 (City Manager-Park/Rec Dept) 18. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to contract with Verizon Wireless to provide the City with wireless telephone service; providing for an effective date. 3/5 (City Manager-Finance Dept) REGULAR CITY COMMISSION AGENDA – October 5, 2010 4 19. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, directing the City Manager to negotiate an agreement with Earth Learning, Inc., to establish and operate a farmer's market within the City; and providing for an effective date. 3/5 (Mayor Stoddard) (END OF CONSENT) RESOLUTION(S) 20. A resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to the hiring freeze of all employees; rescinding Resolution No. 134- 10-13168; providing an effective date. 3/5 (Mayor Stoddard) 21. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement with Digital Payment Technologies, Corp.; a Canadian federal corporation authorized to transact business in the State of Florida to purchase thirty-eight (38) Parking Pay Stations to be placed throughout the City of South Miami, providing for an effective date. 3/5 (City Manager – Finance Dept.) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 22. 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 16-17lbl to eliminate the 3% interest payment on return of contribution; providing REGULAR CITY COMMISSION AGENDA – October 5, 2010 5 for severability; providing for codification; and providing for an effective date. 3/5 (City Manager-Pension Attorney) (Deferred 8/03/10;9/07/10;9/21/10) 23. 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-Planning Dept) 24. 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-Planning Dept) 25. 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-Planning Dept) 26. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land REGULAR CITY COMMISSION AGENDA – October 5, 2010 6 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-Planning Dept) 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 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 17, 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-Planning Dept) 28. 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-Planning Dept) 29. 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 Van Smith Park located at 7800 SW 59 Avenue (Folio No. 09- 4036-039- 0020 and Folio No. 09-4036-039-0025); providing for REGULAR CITY COMMISSION AGENDA – October 5, 2010 7 severability; providing for ordinances in conflict; and providing an effective date. 4/5 (City Manager-Planning Dept) RESOLUTION (S) PUBLIC HEARING (S) (CONT’D) 30. 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. 3/5 (City Manager-Finance Dept) ORDINANCE (S) FIRST READING 31. An ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to Chapter 5 of the City Code, amending Sections 5-2, 5-2.1, 5-2.2, 5- 2-3 and 5-2.4 and creating 5-2.5 through 5-2.12 of the Code of Ordinances entitled “Poultry and fowl”, now to be entitled “Chickens”; providing for the maintaining of well-mannered chickens under certain terms and conditions; creating enforcement procedures; providing for severability, ordinances in conflict, and an effective date. 3/5 (Mayor Stoddard-City Attorney) 32. An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida relating to the fee schedule, amending Ordinance 21-09-2013 as amended by Ordinances to include a new Parking Division Fee Schedule, increasing some parking fees, adding new fees and deleting some fees from the schedule, proving for severability, Ordinances in conflict, and providing an effective date. 3/5 (City Manager-Finance Dept.) 33. 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 “Low Density Affordable Multiple-Family Residential (Two story)” which in the future could be applied to development projects and properties providing multiple- REGULAR CITY COMMISSION AGENDA – October 5, 2010 8 family housing units or town home units in transitional residential areas; providing for severability, providing for ordinances in conflict; and providing an effective date. 4/5 (City Manager-Planning Dept) 34. 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 map category from Single- Family Residential (Two Story) to Low Density Affordable Multiple-Family Residential (Two story) for three properties identified as a Community Redevelopment Area Affordable Housing Site located at the southeast corner of SW 64th Terrace and SW 61st Court and more specifically legally described as (1) Folio No.09-4025-000-0850 located at 6488 SW 60 Avenue; (2) Folio No. 09-4025-000-0852 and (3) Folio No.09- 4025-065-0090 providing for severability; providing for ordinances in conflict; and providing an effective date. 5/5 (City Manager-Planning Dept) 35. 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 map category from Mixed- Use Commercial Residential (Four Story) to Mixed Use- Affordable Housing (Two Story) for an area identified as a part of the proposed Madison Square Development Project generally located at the southeast corner of SW 64th Street and SW 60th Avenue and the southeast corner of SW 64th Street and SW 59th Place including properties more specifically legally described in Section 1 of this ordinance; providing for severability; providing for ordinances in conflict; and providing an effective date. 4/5 (City Manager-Planning Dept) 36. 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 map category from Single- Family Residential (Two Story) to Mixed Use-Affordable Housing (Two Story) for five properties identified as a part of the proposed Madison Square Development Project located between 6443-6487 SW 60th Avenue and more specifically legally described as 6443 SW 60th Avenue REGULAR CITY COMMISSION AGENDA – October 5, 2010 9 REGULAR CITY COMMISSION AGENDA – October 5, 2010 10 (Folio No. 09-4025-010-0050); 6457 SW 60th Avenue (Folio No. 09-4025-010-0060); (Folio No. 09-4025-010- 0070); 6487 SW 60th Avenue (Folio No. 09-4025-010-0080) and 6443 SW 59th Place (Folio No. 09-4025-010-0320); providing for severability; providing for ordinances in conflict; and providing an effective date. 5/5 (City Manager-Planning Dept) 37. 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 map category from Mixed- Use Commercial Residential (Four Story) to Residential / Limited Commercial District (Two Story) for an area identified as all properties facing the west side of SW 62 Avenue from SW 64th Street to SW 70th Street including 6230 SW 69th Street said properties more specifically legally described in Section 1 of this ordinance; providing for severability; providing for ordinances in conflict; and providing an effective date. 4/5 (City Manager-Planning Dept) 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.