agenda
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 19, 2010 Time: 7:30 PM
ext Regular Meeting date: November 1, 2010 Time: 7:30 PM N
30 Sunset Drive, South Miami, FL; Phone: (305) 663-6340 61
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
been registered with the City Clerk as indicated above.
G. Presentation(s) 7:00 p.m.
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AGENDA – October 19, 2010 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of September 7, 2010
b) Minutes of September 9, 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)
(BEGINNING OF CONSENT)
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to execute and issue a Purchase Order for FY
2010-2011 to the firm International Data Consulting
(IDC) a Multimedia and Information Technology
Consulting Services; and providing for an effective
date. 3/5
(City Manager-Finance Dept)
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to City
Commission meetings; rescheduling the City Commission
meeting of Tuesday, November 2, 2010 to Monday,
November 1, 2010, starting at 7:30 p.m.; providing an
effective date. 3/5
(Mayor Stoddard)
7. 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 28th Annual Santa’s Elves Parade a
community event sponsored by the City of South Miami to
be held in downtown South Miami on December 5, 2010;
providing for an effective date. 3/5
(City Manager-Planning Dept.)
8. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to attorney
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AGENDA – October 19, 2010 2
fees; approving attorney fees for Squire Sanders and
Dempsey, LLP in the amount of $13,673.76; charging
account No. 001.1500.514.3410; and providing an
effective date. 3/5
(City Manager-Finance Dept)
9. A resolution of the South Miami Community Redevelopment
Agency (SMCRA) approving a budget for the SMCRA Agency
for the Fiscal Year beginning October 1, 2010 and
ending September 30, 2011; authorizing the expenditure
of funds established by the budget; authorizing the
Agency to submit the budget to Miami-Dade County for
approval; and providing an effective date. 3/5
(City Manager–SMCRA Dept)
(END OF CONSENT)
RESOLUTION(S)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
10. 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
for severability; providing for codification; and
providing for an effective date. 3/5
(City Manager-Pension Attorney)
11. 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-
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AGENDA – October 19, 2010 3
0020 and Folio No. 09-4036-039-0025); providing for
severability; providing for ordinances in conflict;
and providing an effective date. 4/5
(City Manager-Planning Dept)
(Deferred 10/5/10)
12. 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, providing for
severability, Ordinances in conflict, and providing an
effective date. 3/5
(City Manager-Finance Dept.)
13. 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)
14. 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-
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)
15. 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
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AGENDA – October 19, 2010 4
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)
16. 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 69th Street
including 6914 SW 62nd Avenue 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)
RESOLUTION (S) PUBLIC HEARING (S)
17. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to enter into an agreement with SunGard Public
Sector Inc., a sole source vendor for Software
Maintenance for the sum of $175,000.00 for a five year
period, with an annual maintenance fee payment of
$35,000.00 to be paid from account number 001-1410-513-
4634 Maintenance Computer Programs; and providing for
an effective date. 3/5
(City Manager-Finance Dept)
18. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to enter into an agreement with SunGard Public
Sector Inc., a sole source vendor, for Software License
and Services, for the sum of $172,070.00 for a 5-year
period, interest free, for a total amount of $34,414.00
annually to be paid from account number 001-1410-513-
7110, Debt Service-Principal, and providing for an
effective date. 3/5
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AGENDA – October 19, 2010 5
(City Manager-Finance Dept)
19. 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.)
20. 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(G) of the Land Development
Code to allow a front setback of 23.5 feet where a
minimum of 25 feet is required on property located at
5743 SW 76 Terrace, South Miami, Florida, within the
“RS-3”, Low Density Residential zoning use district;
the purpose of the variance is to correct an error made
when the home was constructed in 1987; providing for an
effective date. 4/5
(City Manager-Planning Dept.)
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
(City Manager-Planning Dept.)
(Deferred 9/21/10)
ORDINANCE (S) FIRST READING
22. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the City Code by
creating Sec. 2-8.1 to authorize the use of
cooperative purchasing to acquire goods and services
required by the City; Providing for conflict and an
effective date. 3/5
(Mayor Stoddard)
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AGENDA – October 19, 2010 6
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AGENDA – October 19, 2010 7
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 PROCEEDIGS 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.