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agenda REGULAR CITY COMMISSION AGENDA – November 1, 2010 1 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: November 1, 2010 Time: 7:00 PM ext Regular Meeting date: November 16, 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. REGULAR CITY COMMISSION AGENDA – November 1, 2010 2 ITEM (S) FOR THE COMMISSION’S CONSIDERATION: 1. Approval of Minutes a) Minutes of September 14, 2010 b) Minutes of September 21, 2010 c) Minutes of September 28, 2010 d) Minutes of September 30, 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 Couth 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 70th Annual Fairchild Tropical Garden Ramble Festival a fundraising family event to be held at the Gardens November 12-14, 2010; providing for an effective date. 3/5 (City Manager-Planning Dept.) 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to budget; authorizing a transfer of $1,821.05 from account No. 001.1410.513.7110, Debt Service-Principal, settlements to account No. 001-1410-513-7210, Debt Service- Interest; providing and effective date. 3/5 (City Manager-Finance Dept.) 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute fiscal year 2011 grant agreement with Miami-Dade County for the Edward Byrne Memorial Justice Assistance for the purchase of four laptops for Patrol Officers in the amount of $4,132; and providing for an effective date. 3/5 (City Manager-Finance Dept.) (END OF CONSENT) RESOLUTION(S) REGULAR CITY COMMISSION AGENDA – November 1, 2010 3 8. A Resolution of the Mayor and City Commission of the City of South miami, Florida, urging the Florida Legislature and Federal Government to decriminalize and authorize the medicinal use of marijuana; providing for an effective date. 3/5 (Commissioner Harris – City Attorney) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 9. 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) RESOLUTION (S) PUBLIC HEARING (S) 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to finance up to thirty eight (38) multi-space parking stations for an amount not to exceed $420,000 and accepting the interest rate of 2.06% with no prepayment penalty through SunTrust Bank, charging Debt Service-Principal Account No. 001.1410.513.7110 and Debt Service-Interest Account No. 001.1410.513.7210; and providing an effective date. 4/5 (City Manager-Finance Dept.) ORDINANCE (S) FIRST READING 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 map category from Multi- Family Residential (Four Story) to Low Density Affordable Multiple-Family Residential (Two Story) for an area identified as the Lee Park Condominiums located within the block bounded on the north by SW 68 Street, on the east by SW 59 Place, on the south by SW 69 Street and on west by SW 62 Avenue including properties more specifically legally described in Section 1 of this ordinance; providing for severability; providing REGULAR CITY COMMISSION AGENDA – November 1, 2010 4 for ordinances in conflict; and providing an effective date. 4/5 (City Manager-Planning Dept.) 12. 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 Multi- Family Residential (Four Story) to Low Density Affordable Multiple-Family Residential (Two Story) for properties identified as the Red Road Apartments located at and specifically legally described as 6404 SW 57 Avenue (Folio No. 09-4025-015-0010) and 6504 SW 57 Avenue (Folio No. 09-4025-015-0020) providing for severability; providing for ordinances in conflict; and providing an effective date. 4/5 (City Manager-Planning Dept.) 13. 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 Multi- Family Residential (Four Story) to Low Density Affordable Multiple-Family Residential (Two Story) for properties identified as the South Miami Gardens Apartments located at and specifically legally described as 5949 SW 68 Street (Folio No. 09-4025-063-- 0010) and 5961 SW 68 Street (Folio No. 09-4025-063- 0020); 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 REGULAR CITY COMMISSION AGENDA – November 1, 2010 5 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.