agendapackagerevised
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
_______________________________________________________________
11 Regular Meeting date: April 19, 20 Time: 7:00 PM
Next Regular Meeting date: May 3, 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) Proclamation for the Police Explorers
2) Outstanding Officer(s) of the Month
(s) of the Month 3) Most Courteous Officer
4) Employee of the Month
REGULAR CITY COMMISSION
AGENDA - April 19, 2011 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of April 4, 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)
(BEGINNING OF CONSENT)
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to accept a donation of $250 received from the
South Miami Community Redevelopment Agency, increasing
the expenditure line item for cheerleaders, account
001-2000-572-5631, in the amount of $250; providing an
effective date. 3/5
(City Manager-Parks & Recreation Dept.)
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to accept a donation of $2,000 from the Orange
Bowl Youth Sports, LLC, increasing the expenditure line
items for both cheerleaders, account 001-2000-572-5631,
and football, account 001-2000-572-5630, by $1,000
each; providing an effective date. 3/5
(City Manager-Parks & Recreation Dept.)
7. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to accept a donation of $1,311.54 received from
the Orange Bowl Youth Sports, LLC, increasing the
expenditure line item for football, account 001-2000-
572-5630; providing an effective date. 3/5
(City Manager-Parks & Recreation Dept.)
8. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $600.00 from account No.
REGULAR CITY COMMISSION
AGENDA - April 19, 2011 2
001-1310-513-1210, Regular Salaries and Wages, to
account No. 001-1310-513-5410, Membership &
Subscriptions; providing and effective date. 3/5
(City Manager)
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $15,000.00 from account No.
001-1910-521-1210, Salaries, settlements to account
No. 001-1910-521-4620, Repair and Maintenance
Equipment; providing and effective date. 3/5
(City Manager-Police Department)
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing an increase of expense line item 615-1910-
521-5210 (Federal Forfeiture Supplies) in the amount of
$3,800,00 line item 615-1910-521-5205 (Federal
Forfeiture Computer Equipment) in the amount of
$16,935.00, line item 615-1910-521-5220 (Federal
Forfeiture Uniforms) in the amount of $10,000.00, line
item 615-1910-521-4970 (Federal Forfeiture Employee
Testing) in the amount of $6,000.00, and line item 615-
1910-521-6440 (Federal Forfeiture Vehicles) in the
amount of $5,595.00, due to the obtained and received
confiscated revenues of $80,115.00 in FY 2011 and
appropriate a total of $42,330.00, providing for an
effective date 3/5
(City Manager-Police Department)
(END OF CONSENT)
RESOLUTION(S)
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing the members of the Budget and
Finance Committee for the Fiscal Year 2011-2012; and
providing an effective date. 3/5
(Vice Mayor Newman)
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, exploring options with
regard to the Florida Power & Light Franchise Agreement
scheduled to expire in 2014; and providing an effective
date. 3/5
(Mayor Stoddard)
REGULAR CITY COMMISSION
AGENDA - April 19, 2011 3
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida consenting to and
confirming the appointment of Christopher Brimo, AICP
as the Planning and Zoning Director for the City of
South Miami, Florida; and providing an effective date.
(City Manager) 3/5
14. A Resolution of the Mayor and the City Commission of
the City of South Miami, Florida, authorizing the
compensation for legal services and expenses to be paid
to the Acting City Attorney; and providing an effective
date. 3/5
(City Attorney)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
15. 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.)
16. 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. 3/5
(City Manager-Planning Dept.)
17. 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
REGULAR CITY COMMISSION
AGENDA - April 19, 2011 4
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
Preservation Board; providing for severability;
providing for ordinances in conflict; and providing an
effective date. 3/5
(City Manager-Planning Dept.)
18. 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.)
19. 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.)
RESOLUTION (S) PUBLIC HEARING (S)
20. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to execute a lease agreement for a postage
machine pursuant to State of Florida Mail Processing
Equipment ITB Contract No. 05-600-760-T. This lease
agreement shall be for the duration of a sixty (60)
month period (a five (5) year term), and shall provide
for an effective date. 4/5
(City Manager-Finance Dept.)
21. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to a contract;
authorizing the City Manager to execute an Agreement
REGULAR CITY COMMISSION
AGENDA - April 19, 2011 5
between Iler Planning and City of South Miami for the
purposes of providing consultant services to the
Planning and Zoning Department for the preparation of
the 2012 Comprehensive Plan Evaluation and Appraisal
Report (EAR) in the amount of $ 33,675 total for FY
2010-2011 and FY 2011-2012; funding for the contract
shall come from the Planning and Zoning Department
Account No. 001-1620-524-3450 (Contractual Services);
and providing an effective date. 3/5
(City Manager-Planning Dept.)
22. 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)
ive date. 4/5 Zoning District; and providing an effect
(Deferred 4/4/11)
(City Manager-Planning Dept.)
ORDINANCE (S) FIRST READING
23. A Ordinance of the Mayor and the City Commission of the
City of South Miami, Florida amending the Pension Plan
providing for the addition of Sec 16-20 (a) Powers of
Board; providing for severability, ordinances in
conflict, and an effective date. 3/5
(City Manager)
24. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, establishing the South
Miami Farmers’ Market; providing for waiving certain
fees, and allowing the Farmers' Market operator special
means to promote the market; providing for
severability, ordinances in conflict, and an effective
date. 3/5
(Mayor Stoddard)
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
REGULAR CITY COMMISSION
AGENDA - April 19, 2011 6
REGULAR CITY COMMISSION
AGENDA - April 19, 2011 7
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.