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MAYOR: Philip K. Stoddard, PhD CITY MANAGER: Hector Mirabile, PhD
VICE MAYOR: Valerie Newman ACTING CITY ATTORNEY: Thomas F. Pepe
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: April 4, 2011 Time: 7:00 PM
Next Regular Meeting date: April 19, 2011 Time: 7:00 PM
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 Invocation:
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) Recognizing Board Members
REGULAR CITY COMMISSION
AGENDA - April 4, 2011 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of March 1, 2011
b) Minutes of March 15, 2011
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)
UNFINISHED BUSINESS
RESOLUTION (S) PUBLIC HEARING (S)
5. A Resolution of the Mayor and City Commission of the
City of South Miami, relating to a request pursuant to
Section 20-4.4(J) of the Land Development Code for
Special Use Approval to locate an Interim Parking lot
at 7150-7160 SW 62 Avenue within the “TODD (MU-5)”
Transit Oriented Development District (Mixed Use 5)
Zoning District; and providing an effective date. 4/5
(City Manager-Planning Dept.)
ORDINANCE (S) FIRST READING
6. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending Chapter 7 of the
Code of Ordinances of the City of South Miami to remove
the wording South Florida Building Code and adopting
the Florida Building Code and all other codes adopted
by the Florida Building Code as the city codes together
with all amendments thereinafter made, and all
subsequent editions, to said codes; providing for
severability; providing for ordinances in conflict;
providing an effective date. 3/5
(City Manager-Building Dept.)
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AGENDA - April 4, 2011 2
7. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code by deleting Section 20-3.1(E) entitled
"Business Outside a Building”, inserting new Section
20-3.6 (V) to be entitled “Commercial Activity
Conducted Outside of a Building” in order to provide
regulations for allowing for outside merchandise
display on private property and public sidewalks;
establishing limitations on type, location and extent
of outside merchandise display; providing a process for
obtaining permits; and providing for exceptions for
certain permitted uses; providing for severability;
providing for ordinances in conflict; and providing an
effective date. 5/5
(City Manager-Planning Dept.)
(END OF UNFINISHED BUSINESS)
(BEGINNING OF CONSENT)
8. 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 Food and Garden Festival, a fund raising
event to be held at Fairchild Tropical Botanic Garden
April 30-May 1, 2011; providing for an effective date.
(City Manager-Planning & Zoning Dept.) 3/5
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing a transfer of
$4,572.75 from Account No. 001-1320-513-2210, Pension
Plan Contribution, to Account No. 001-1320-513-2220,
ICMA Deferred Compensation, for $4,572.75; providing an
effective date. 3/5
(City Manager-Finance Dept.)
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing a transfer
of $6,720.00 from Account No. 001-1330-513-2210,
Pension Plan Contribution, to Account No. 001-1330-
513-2220, ICMA Deferred Compensation, for $3,712.00,
and to Account No. 001-1330-513-5210, Supplies for
$2,648.00 and to Account No. 001-1330-513-5410,
Memberships and Subscriptions for $360.00; providing
an effective date. 3/5
(City Manager-Finance Dept.)
REGULAR CITY COMMISSION
AGENDA - April 4, 2011 3
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, declaring that the
attached list of personal property is “surplus” and
authorizing the City Manager to sell the “surplus”
items at auction; and providing an effective date. 3/5
(City Manager-Finance Dept.)
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing a change in
the scope of the work and authorizing the City Manager
to approve a purchase in the amount of $10,970, to
build a half basketball court at Dante Fascell Park
through Leadex Corporation; using the awarded FRDAP
grant (Florida Recreation Development Assistance),
through FRDAP- Dante Fascell account 114-2000-572-
6302; providing an effective date. 3/5
(City Manager-Parks & Recreation Dept.)
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Lillie F. Harris to serve on
the Affordable Housing Advisory Committee for a term
of two years, ending April 3, 2013; and providing an
effective date. 3/5
(Commissioner Harris)
14. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re-appointing Dean Whitman to serve on the
Planning Board for a term of two years ending April 3,
2013; and providing an effective date. 3/5
(City Commission)
(END OF CONSENT)
RESOLUTION(S)
15. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, adopting a rule of order
whereby the appointments of all board and committee
members shall regularly be placed on the Consent Agenda
to be ratified by the Commission; and providing an
effective date. 3/5
(Commissioner Harris)
REGULAR CITY COMMISSION
AGENDA - April 4, 2011 4
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
16. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code to place in one article all current
regulations pertaining to historic preservation by
amending Section 20-6.1 (D)(1)(a) entitled “Historic
Preservation Board Establishment and Membership” in
order to require that one member be a licensed
attorney; and by creating new Article XI, “Historic
Preservation Regulations” including Section 20-11.1 to
be entitled “Historic Preservation Standards”; Section
20-11.2 to be entitled “Designation of Historic Sites”;
Section 20-11.3 to be entitled “Historic Designation
Reports”; Section 20-11.4 to be entitled “Demolition of
designated sites; demolition by neglect and
certificates of appropriateness”; Section 20-11.5 to be
entitled “Special Provisions Applicable to Designated
Historic Sites” and making revisions to update current
wording and to modify certain provisions related to the
demolition delay period; and deleting from the Land
Development Code regulations pertaining to historic
preservation including Sections 20-4.9, 20-4.11, 20-
5.17, 20-5.18. 20-5.19; providing for severability;
providing for ordinances in conflict; and providing an
effective date. (Deferred 3/01/11 & 3/15/11) 3/5
(City Manager-Planning Dept.)
17. A Ordinance of the Mayor and the City Commission of
the City of South Miami, Florida amending the Pension
Plan; providing for an amendment of Sec 16-37 Powers of
Board; providing for severability, conflict and an
effective date. 3/5
(City Manager)
RESOLUTION (S) PUBLIC HEARING (S)
(CONT’D)
18. 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
PropertyRoom.com, Inc. for auctioning of surplus
municipal property; and providing for an effective
date. 3/5
(City Manager-Finance Dept.)
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AGENDA - April 4, 2011 5
19. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to contracts;
authorizing the City Manager to execute an Inter-local
Agreement between Miami-Dade County, Miami-Dade Police
Department, and the City Of South Miami for School
Crossing Guard Services in FY 2011/2012; providing for
an effective date. 3/5
(City Manager-Police Dept.)
20. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to execute a multi-annual service agreement
with MacMillan Oil Company of Florida, Inc, for the
purchase and delivery of bulk fuel gasoline and diesel
for the City’s vehicle fleet and equipment in the
amount of $110,111.00, to be charged to Departmental
Fuel Account Numbers 001-1320-513-5230, 001-1340-513-
5230, 001-1640-524-5230, 001-1910-521-5230 and 001-
2000-572-5230; providing for an effective date. 3/5
(City Manager-Public Works Dept.)
ORDINANCE (S) FIRST READING
(CONT’D)
21. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code Section 20-2.3 entitled “Definitions”
in order to modify the definition of “Story” to clearly
indicate that the use of any floor of a building as a
parking level or partially for parking shall be
included in the definition of a single story for the
purpose of determining of the number of stories in a
building; 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 in order to update certain references
and terminology including the deletion of references to
the South Florida Building Code; clarifying references
to Miami-Dade County; deleting references to the
Florida Health and Rehabilitative Services; and
clarifying references to the Environmental Review and
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AGENDA - April 4, 2011 6
REGULAR CITY COMMISSION
AGENDA - April 4, 2011 7
Preservation Board; 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, amending the Land
Development Code in order to set forth standards and
requirements for off-street loading by creating Section
20-4.4 (M) entitled “Off-Street Loading Requirements”
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 RESOLUTION No. 246-10-13280,“ANY INVOCATION THAT MAY BE OFFERED
BEFORE THE START OF REGULAR COMMISSION BUSINESS SHALL BE THE VOLUNTARY
OFFERING OF A PRIVATE CITIZEN, FOR THE BENEFIT OF THE COMMISSION AND THE
CITIZENS PRESENT. THE VIEWS OR BELIEFS EXPRESSED BY THE INVOCATION SPEAKER
HAVE NOT BEEN PREVIOUSLY REVIEWED OR APPROVED BY THE COMMISSION, AND THE
COMMISSION DOES NOT ENDORSE THE RELIGIOUS BELIEFS OR VIEWS OF THIS, OR ANY
OTHER SPEAKER.”
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.