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: November 16, 2010 Time: 7:30 PM
ext Regular Meeting date: December 7, 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
ity Clerk as indicated above. been registered with the C
G. Presentation(s) 7:15 p.m.
1. Officers of the Month
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AGENDA – November 16, 2010 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of October 5, 2010
b) Minutes of October 8, 2010
c) Minutes of October 19, 2010
2. City Manager’s Report (25 minutes)
3. City Attorney’s Report (15-minutes)
a) CRA Resolution to pay $20,558 to Southern Asphalt street
repair of 59 Place from 66 Street to 68 Street.
PUBLIC REMARKS
(5 minutes)
4. Commission Reports, Discussion & Remarks (25 minutes)
a) Renaming All America Park as “All America
Veterans’ Park”
(Commissioner Harris)
b) Waiving all City’s fees for the annual Volkswagon show.
(Commissioner Harris)
(BEGINNING OF CONSENT)
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida concerning approval of an
application pursuant to Land Development Code Section
20-4.3(n) to permit the installation of a banner on
Sunset Drive to promote the 60th Annual Beaux Arts
Festival sponsored by the Lowe Art Museum a fundraising
event to be held on the campus of the University of
Miami, January 8-9, 2011: and 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 the final
amendment of the 2009-2010 fiscal year budget;
approving and adopting the recommendations of the City
Manager to transfer line items as set forth in the
attached itemized list within each City department
pursuant to Article IV F(1) of the City Charter and
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AGENDA – November 16, 2010 2
Florida Statue 166.241(3) for the budget year ending
September 30, 2010; and providing 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 attorney
fees; approving attorney fees for Squire Sanders and
Dempsey, LLP in the amount of $7,701.35; charging
account No. 001.1500.514.3410; 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 multimedia
and information technology support service fees;
approving fees for International Data Consultants
(IDC) in the amount of $6,868.12 for services rendered
September 15 through September 30, 2010; charging
account No. 001.1340.513.3450; and providing an
effective date. 3/5
(City Manager-Finance Dept.)
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to execute a contract agreement with Miami-
Dade County's Safe Neighborhood Parks Bond Program for
the Dison Park Improvements in the amount of $60,000;
and providing for an effective date. 3/5
(City Manager-Finance Dept.)
(END OF CONSENT)
RESOLUTION(S)
10. A Resolution of the South Miami City Commission
authorizing temporary placement of a series of six (6)
foot tall fiberglass manatee statues in South Miami, as
part of the “South Miami Manatee Fest”, a public-
private arts exhibit with proceeds that will support
community local charities; subject to applicable
permitting requirements, indemnification and hold
harmless agreements, as approved by the City Manager,
and City Attorney; and providing an effective date. 3/5
(Mayor Stoddard)
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AGENDA – November 16, 2010 3
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, accepting an anonymous
donation of $1000 in fruit trees for location in City
parks; and providing an effective date. 3/5
(Mayor Stoddard)
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, pursuant to Chapter 8A of
the Code of Ordinances, authorizing the payment of
legal fees to Harriet R. Lewis, Esquire for services
rendered to Vice Mayor Newman; and providing an
effective date. 3/5
(Mayor Stoddard)
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, related to City
Commission meetings; establishing a policy regarding
invocations before meetings of the South Miami City
Commission; making findings; and providing an effective
date. 3/5
(Commissioner Palmer)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
14. 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
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 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
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AGENDA – November 16, 2010 4
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.)
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 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.)
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 execute an agreement piggybacking the City
of Fort Lauderdale multi-year agreement for an initial
three years with two one year options to renew with
Verrus Mobile Technologies, Inc. to provide cell phone
or equivalent technology as payment method for multi-
space parking stations within the City of South Miami,
and providing an effective date. 3/5
(City Manager-Finance Dept.)
ORDINANCE (S) FIRST READING
18. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending Chapter 5 of the
City Code to require removal and proper disposal of
animal fecal matter; providing definitions; providing
for enforcement and penalties; providing for
severability, conflicts, and an effective date. 3/5
(Commissioner Harris)
19. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending Chapter 2,
Article I, Section 2-2.1 (G) (5) of the Code of
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AGENDA – November 16, 2010 5
Ordinances to require motions for reconsideration to be
made only during the same meeting at which the item is
considered; providing for severability, conflicts and
an effective date. 3/5
(Vice Mayor Newman)
20. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the South Miami
Land Development Code by amending Section 20-10,
entitled “Siting Regulations for Telecommunications
and Antennas” in order add a new Section 20-10(11) to
be entitled “Collocation Exceptions to Required
Regulations” which as required by Florida State
Statutes will exempt from review telecommunication
facilities which are collocated on existing facilities;
providing for severability, providing for ordinances in
conflict; and providing an effective date. 3/5
(City Manager-Planning Dept.)
21. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code Section 20-7.51 entitled “Special
exceptions” in order to revise the wording in Section
20-7.51(D) to replace the word “development” with the
word “new construction” for the purpose of clarifying
when the time limitation begins for development
projects which have been granted a special exception in
the Hometown Overlay Zone (HD-OV); providing for
severability; providing for ordinances in conflict; and
providing an effective date. 3/5
(City Manager-Planning Dept.)
22. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code Section 20-3.3(D) entitled “Permitted
Use Schedule” in order to permit a community garden as
a “S” Special Use in the TODD(LI-4)” Transit Oriented
Development District (Light Industrial 4) zoning use
district; and amending Section 20-2.3 entitled
“Definitions” to provide a definition of a community
garden; providing for severability; providing for
ordinances in conflict; and providing an effective
date. 3/5
(City Manager-Planning Dept.)
23. 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
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AGENDA – November 16, 2010 6
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AGENDA – November 16, 2010 7
Use Schedule” in order to change the Group Home II use
category from a “P” Permitted Use category to the “S”
Special Use category for zoning use districts; and
amending Section 20-3.4(B)(15) entitled “Special use
conditions” in order to include Group Home II as
subject to the same special requirements currently
applicable to Group Home I uses; 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, to amend Section 20-4.4
(D) of the Land Development Code entitled “Required
Handicapped Spaces” in order to revise current wording
to indicate that all required handicapped parking
spaces are regulated by the Florida Building Code;
providing for severability; providing for ordinances in
conflict; and providing an effective date. 3/5
(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 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.