agenda
MAYOR: Philip K. Stoddard, Ph.D CITY MANAGER: Hector Mirabile, Ph.D
VICE MAYOR: Valerie Newman CITY ATTORNEY: Thomas F. Pepe
COMMISSIONER: Velma Palmer, Ph.D CITY CLERK: Maria M. Menendez
COMMISSIONER: Brian D. Beasley
COMMISSIONER: Walter A. Harris
CITY COMMISSION AGENDA
City Commission Meeting
_______________________________________________________________
Regular Meeting Date: June 7, 2011 Time: 7:00 PM
Next Regular Meeting Date: June 14, 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) Farmers’ Market
REGULAR CITY COMMISSION
AGENDA - June 7, 2011 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of May 26, 2011
b) Minutes of May 31, 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, 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 event entitled “Fairchild’s
International Mango Festival,” a fund raising event to
be held at Fairchild Tropical Botanic Garden July 9 –
10, 2011; providing an effective date. 3/5
(City Manager – Planning/Zoning Dept.)
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to Boards and
Committees; appointing Sharon McCain to serve on the
Environmental Review and Preservation Board for a two-
year term ending June 6, 2013; and providing an
effective date. 3/5
(Commissioner Harris)
7. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to Boards and
Committees; appointing Hector C. Fernandez to serve on
the Environmental Review and Preservation Board for a
two-year term ending June 6, 2013; and providing an
effective date. 3/5
(Mayor Stoddard)
REGULAR CITY COMMISSION
AGENDA - June 7, 2011 2
8. A Resolution of the City of South Miami, Florida, to
temporarily place the manatee sculpture painted by the
South Miami Middle School students on City Property;
and providing for an effective date. 3/5
(Mayor Stoddard)
(END OF CONSENT)
RESOLUTION(S)
9. A Resolution of the City of South Miami, Florida, to
temporarily donate City parking spaces, sponsor signage
and post the event on the City’s website for the South
Miami Farmers Market; and providing for an effective
date. 3/5
(Mayor Stoddard)
10. A Resolution of the City of South Miami, Florida,
authorizing the City Attorney to submit an Agency
Report supporting an Alternate Corridor to the US1
transmission corridor proposed by Florida Power and
Light Co; and providing for an effective date. 3/5
(Mayor Stoddard)
11. A Resolution of the City of South Miami, Florida,
authorizing the City Manager to sign a contract with
Thomas F. Pepe, Esquire, to provide legal services as
the City Attorney for the City of South Miami; and
providing for an effective date. 3/5
(City Attorney)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
12. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending Section 15-63 of
the Code of Ordinances of the City of South Miami,
Florida regarding mobile street sales restriction by
clarifying the prohibition against sales during a
special event, such as an exhibition, exposition, art
show and/or festival; providing for severability,
ordinance in conflict, and an effective date. 3/5
(City Manager – Code Enforcement)
REGULAR CITY COMMISSION
AGENDA - June 7, 2011 3
13. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to the budget;
authorizing an increase of appropriations to accounts
111-1730-541-3450 (Stormwater Drain Trust Fund
Contractual Services) in the amount of $22,595, and
111-1730-541-7100 (Stormwater Drain Trust Fund Debt-
Principal) in the amount of $27,036 and 111-1730-541-
7200 (Stormwater Drain Trust Fund Debt-Interest) in the
amount of $4,034 and 111-1730-541-5205 (Stormwater
Drain Trust Fund Computer Equipment) in the amount of
$1,836.94 from Fund Balance, providing for
severability, ordinances in conflict and an effective
date. 3/5
(City Manager – Public Works Dept.)
14. 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
(Approved on 1st Reading 4/4/11 * Discussed on 2nd Reading 4/19/11
& moved to be placed again for 2nd Reading on 6/07/11 – See
Excerpt Minutes attached)
(City Manager – Planning/Zoning Dept.)
RESOLUTION (S) PUBLIC HEARING (S)
15. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to expend $16,935.00 for a computerized key
management system from KeyTrak Inc., who was awarded
the General Services Administration (GSA) government
contract through 2013. As per the City Charter, the
City of South Miami will piggyback this bid and
purchase this computerized key management system, which
includes one year software support, to prevent theft
and misuse of keys, thereby providing key control at
the Police Department, being charged to account number
615-1910-521-5205 (Federal Forfeiture Computer
Equipment), providing for an effective date. 3/5
(City Manager – Police Dept.)
REGULAR CITY COMMISSION
AGENDA - June 7, 2011 4
16. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, 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 5701 SW 72 Street (The Shops at
Sunset Place) within the “SR(HD-OV)” Specialty Retail
(Hometown District-Overlay); and providing an effective
date. 3/5
(City Manager – Planning/Zoning Dept.)
ORDINANCE (S) FIRST READING
17. An Ordinance, amending Section 2-22 of the Code of
Ordinances of the City of South Miami, Florida, to
eliminate term limits for commissions, boards and
committees; providing for severability, ordinances in
conflict and providing for an effective date. 3/5
(Mayor Stoddard)
18. 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. (Deferred 5/26/11) 5/5
(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,
REGULAR CITY COMMISSION
AGENDA - June 7, 2011 5
REGULAR CITY COMMISSION
AGENDA - June 7, 2011 6
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.