_agenda 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1
CITY OF SOUTH MIAMI
City Commission Hector Mirabile, Ph.D
Philip K. Stoddard, Ph.D, Mayor City Manager
Valerie Newman, Vice Mayor Maria M. Menendez, CMC
Velma Palmer, Ph.D, Commissioner City Clerk
Brian D. Beasley, Commissioner Thomas F. Pepe, Esq.
Walter A. Harris, Commissioner City Attorney
CITY COMMISSION MEETING AGENDA
TUESDAY, DECEMBER 6, 2011, 7:00 PM
CITY HALL/COMMISSION CHAMBERS
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
C. ROLL CALL
D. MOMENT OF SILENCE
E. PLEDGE OF ALLEGIANCE
F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE
BEEN REGISTERED WITH THE CITY CLERK
G. PRESENTATIONS
a) Proclamation for Police Chief Orlando Martinez de Castro
b) Proclamation for Barbara Acker for her 21 years as the Santa’s Parade of the Elves
organizer
c) the South Miami Grey Ghosts Football and Cheerleading Teams and the Afterschool
House Program Honor Roll recipients
H. APPROVAL OF MINUTES
a) Minutes of November 15, 2011
I. CITY MANAGER’S REPORT
J. CITY ATTORNEY’S REPORT
K. PUBLIC REMARKS
6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 2
L. COMMISSION REPORTS, DISCUSSION & REMARKS
M. CONSENT AGENDA
1. A Resolution relating to parking pavement markings; approving Flint Trading
Inc. in the amount of $6,852.42; for the number markings; charging account
No. 001-1910-521-3459, Contractual Services-Parking. 3/5
(City Manager-Police Dept.)
2. A Resolution authorizing the City Manager to execute a fiscal year 2012 grant
agreement with Miami-Dade County Office of Grant Coordination for the South
Miami Senior Meals grant in the amount of $18,400. 3/5
(City Manager-Parks & Recreation)
3. A Resolution authorizing the City Manager to expend $18,400 with
Construction Catering, Inc., for the provision of weekend meals delivery to
South Miami Senior Center for seniors and to be charged to the Senior Meals
Program funded through Miami-Dade County Department of Human Services.
(City Manager-Parks & Recreation) 3/5
4. A Resolution authorizing the City Manager to execute a fiscal year 2012 grant
agreement with Miami-Dade County Office of Grant Coordination for the After
School House (Tutoring) grant in the amount of $26,775. 3/5
(City Manager-Parks & Recreation)
5. A Resolution appointing Officer Jose Lopez to serve on the Board of
Trustees/Police Officers Retirement Trust Fund for a two-year term ending
December 5, 2013. 3/5
(City Commission)
6. A Resolution appointing Officer Richard Muñoz to serve on the Board of
Trustees/Police Officers Retirement Trust Fund for a two-year term ending
December 5, 2013. 3/5
(City Commission)
7. A Resolution authorizing the City Manager to execute construction contract
with JVA Engineering Contractor, Inc., in the amount of $22,325.10 for the
6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3
Citywide Sidewalk Repair Project to be charged to the People’s Transportation
Plan (PTP), Account Number 124-1730-541-6490. 3/5
(City Manager-Public Works)
8. A Resolution authorizing the City Manager to execute an engineering service
agreement with TY Lin / HJ Ross in the amount of $24,650 for the Mango
Terrace Traffic Calming Study to be charged to People’s Transportation Plan
Account Number 124-1730-541-6490. 3/5
(City Manager-Public Works)
9. A Resolution authorizing the City Manager to execute a professional service
work order with Palm Engineering Group, Inc. in the amount of $11,060.00 for
the Sunset Drive Median Improvements project to be charged to the People’s
Transportation Fund Account Number 124-1730-541-6490. 3/5
(City Manager-Public Works)
10. A Resolution relating to proposed annexation; authorizing the City Manager to
execute a letter agreement with the law firm Genovese Joblove & Battista, P.A.
to represent the city for the proposed annexation application of land in
unincorporated Miami-Dade County. The expenditures not to exceed $45,000
associated with this project will be charged to account No. 001-1310-513-3450.
(City Manager) 3/5
N. RESOLUTIONS
O. RESOLUTION(S) PUBLIC HEARING(S)
11. A Resolution to place a non-binding referendum question on the February 14,
2012 election ballot to allow voters to express their approval or disapproval
of a City pool to be constructed, maintained and operated by the City. 3/5
(Vice Mayor Newman)
P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S)
12. An Ordinance amending the Land Development Code to create a new Article
XI, titled “Historic Preservation Regulations” and to place all current
regulations pertaining to historic preservation into Article XI; amending
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Section 20-6.1 (D) to change the procedure and criteria for appointing Historic
Preservation Board members; amending all regulations pertaining to historic
preservation found in Sections 20-4.9, 20-4.11, 20-5.17, 20-5.18 and 20-5.19 to
update the wording, modifying certain provisions related to the guidelines
concerning historic preservation designation, amending historic designation
report elements, amending the procedure for issuance of a demolition permit
and appropriately renumbering all of these Sections for inclusion in Article XI.
(City Manager-Planning and Zoning) 3/5
13. An Ordinance prohibiting the sale of tobacco products that contain additives
that mask the natural characteristics of tobacco. 3/5
(Mayor Stoddard)
Q. ORDINANCE(S) FIRST READING PUBLIC HEARING(S)
14. An Ordinance authorizing the City Manager to enter into a franchise contract
with Earth Learning, Inc. for the operation of a Farmers’ Market on City of
South Miami property. 4/5
(City Manager)
R. ORDINANCE(S) FIRST READING
15. An Ordinance amending Section 20-8.9 of the Land Development Code titled
Special Exceptions within the TODD district, in order to include additional
criteria for defining large scale developments; providing conditions for review
and approval; and providing for the expiration and extension of approvals. 3/5
(City Manager-Planning and Zoning)
16. An Ordinance amending Section 20-2.3 of the Land Development Code titled
Definitions, in order to amend the definition of "Day Care Center", replacing
day care with "Child Care and Child Care Facility"; and amending of the Land
Development Code titled Permitted Use Schedule in order to replace the use
“Day Care Center” with “Child Care and Child Care Facility”; amending the
permitted use schedule for the LRM18, RM24 and RO from permitted use (P),
to special use (S); amending the permitted use schedule for the H district from
not permitted, to special use (S); amending Section 20-3.4 - Special use
conditions; providing a reference to the Florida Statute governing these uses.
(City Manager-Planning and Zoning) 3/5
17. An Ordinance amending Article VI, Section 5, of the City Charter concerning
franchises and the granting of an interest in City real property, defining the
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governed franchises, providing for two public meetings, clarifying the language
of the charter and excluding special events, concessions and other uses of real
property lasting one (1) year or less. 3/5
(City Manager)
18. An Ordinance amending Chapter 5 of the City Code prohibiting the taking of
peafowl to protect peafowl and their eggs; providing definitions; providing for
enforcement and penalties. 3/5
(City Manager)
S. ADJOURNMENT
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 FLORIDA STATUTE 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.
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.”