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_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 20, 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) Recognizing former ERPB Member, David Trautman b) Employee of the Month c) Officers of the Month d) Most Courteous Officer of the Month H. APPROVAL OF MINUTES a) Minutes of November 22, 2011 b) Minutes of December 6, 2011 I. CITY MANAGER’S REPORT J. CITY ATTORNEY’S REPORT K. PUBLIC REMARKS L. COMMISSION REPORTS, DISCUSSION & REMARKS 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 2 UNFINISHED BUSINESS M. ORDINANCE(S) FIRST READING 1. 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) 2. 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. 3/5 (City Manager-Planning and Zoning) 3. 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) END OF UNFINISHED BUSINESS N. CONSENT AGENDA 4. A Resolution relating to budget; authorizing a transfer of $700.00 from account No. 001-1320-513-5210 Central Services Supplies Account to account No. 001- 1320-513-3450 Central Services Contractual Services Account. 3/5 (City Manager-Central Services) 5. A Resolution authorizing the City Manager to enter into a Mutual Aid Agreement with the City of Florida City Police Department for general and specific law enforcement duties on behalf of the City of South Miami Police Department pursuant to Chapter 23, Florida State Statutes, Florida Mutual Aid Act. 3/5 (City Manager-Police Dept.) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 6. A Resolution authorizing the City Manager to accept a donation of $500 from First National Bank of South Miami, $300 from Larkin Community Hospital and $300 from Mr. and Mrs. H.G. Lawson, increasing the expenditure line item 001- 1910-521-5210, Police Supplies. 3/5 (City Manager-Police Dept.) 7. A Resolution concerning an application pursuant to Land Development Code Section 20-4.3(N), requesting approval to permit the installation of a banner over the public right-of-way at 5880 Sunset Drive to promote an event titled "The 6th Annual Chocolate Festival," held by the Fairchild Tropical Botanic Gardens on January 20 through January 22, 2012. 3/5 (City Manager-Planning & Zoning Dept.) 8. A Resolution concerning an application pursuant to Land Development Code Section 20-4.3(N), requesting approval to permit the installation of a banner over the public right-of-way at 5880 Sunset Drive; and the installation of three pole banners along Sunset Drive from Red Road (SW 57th Avenue) to US-1; two pole banners along SW 73rd Street, from Red Road to US-1; and two pole banners along Red Road, from SW 74th Street to US-1, to promote the "The South Miami Rotary Art Festival," an event held by the Rotary Foundation of South Miami on February 25 through February 26, 2012. 3/5 (City Manager-Planning & Zoning Dept.) 9. A Resolution concerning an application pursuant to Land Development Code Section 20-4.3(N), requesting approval to permit the installation of a banner over the public right-of-way at 5800 Sunset Drive to promote an event titled "The 60th Annual Beaux Arts Festival of Art," held by the Lowe Art Museum on January 7 through January 8, 2012. 3/5 (City Manager-Planning & Zoning Dept.) 10. A Resolution authorizing the City Manager to permit South Miami Rotary, a non- profit organization to hold its 28th Annual South Miami Rotary Art Festival on February 25 & 26, 2012, in the downtown South Miami area on Sunset Drive. 3/5 (City Manager-Parks & Recreation Dept.) 11. A Resolution authorizing the City Manager to amend the fiscal year 2009 Community Development Block Grant agreement with Miami-Dade County’s Department of Public Housing and Community Development (PHCD) to extend the expiration date from December 31, 2011 to September 30, 2012 for the SW 66th Street Improvements Project – Phase II in the amount of $395,000. 3/5 (City Manager) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 12. A Resolution authorizing the City Manager to amend fiscal year 2010 Community Development Block Grant agreement with Miami-Dade County’s Department of Public Housing and Community Development (PHCD) to extend the expiration date from September 30, 2011 to September 30, 2012 for the SW 64th Street Corridor Improvements Project – Phase I in the amount of $50,000. 3/5 (City Manager) 13. A Resolution authorizing the City Manager to amend the Combined FY 2008, 2009, and 2010 Community Block Grant agreement with Miami-Dade County’s Department of Public Housing and Community Development (PHCD) to extend the expiration date from December 31, 2011 to December 31, 2012 for the Murray Park Aquatic Center – Construction Phase I in the amount of $1,207,374. (City Manager) 3/5 14. A Resolution authorizing the City Manager to execute a fiscal year 2011 Community Development Block Grant agreement with Miami-Dade County Public Housing and Community Development (PHCD) for the SW 64th Street Improvements Project, Phase II in the amount of $177,000. 3/5 (City Manager) 15. A Resolution relating to soliciting request for quotations for GIS services for the City of South Miami; authorizing the City Manager to enter into a one (1) year agreement for professional services with Immersive Solution Corporation. 3/5 (City Manager) 16. A Resolution urging the Florida Legislature to reject any and all expansions of gambling in Florida. 3/5 (Commissioner Harris) 17. A Resolution relating to budget; authorizing a transfer of $24,000 from account No. 001-1790-519-1210, Public Works Regular Salaries Full-Time, settlements to account No. 001-1790-519-3450, Public Works Contractual Services. 3/5 (City Manager-Public Works Dept.) 18. A Resolution authorizing the City Manager to execute a construction work order with Florida Engineering Development Corp. in the amount of $15,112.61 for Sunset Drive Phase IV Curb & Gutter Repair to be charged to FDOT ARRA, account number 124-1730-541-6490. 3/5 (City Manager-Public Works Dept.) 19. A Resolution appointing Deltravis Lamont Williams to serve on the South Miami Community Redevelopment Agency (SMCRA) Board for an unexpired term ending August 16, 2012; and providing an effective date. 3/5 (Mayor Stoddard) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 5 20. A Resolution approving the Tree City USA Application in an effort to be recognized and designated as a Tree City USA. 3/5 (Mayor Stoddard) 21. A resolution relating to a waiver of Planning & Zoning Department application fees for a South Miami Community Redevelopment Agency sponsored L.E.E.D. certified affordable housing development project; authorizing a waiver of application fees in the approximate amount of $25,879 for thirteen (13) lot development variances required to construct six (6) new single-family affordable homes on SMCRA conveyed properties identified as Folio Numbers 09-4025-010- 0060; 09-4025-010-0070; 09-4025-010-0080; 09-4025-010-0090; 09-4025-028- 0200; and 09-4025-009-0240. 3/5 (Commissioner Palmer) 22. A Resolution approving and adopting the amended South Miami Personnel Manual. 3/5 (Human Resources Dept.) O. RESOLUTIONS 23. 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) (Deferred 12/06/11) 3/5 24. A Resolution appointing _____________, _______________, ______________ _______________, and _______________ to serve on the Health Facilities Authority for a two-year term ending December 5, 2013. 3/5 (City Commission) P. RESOLUTION(S) PUBLIC HEARING(S) 25. A Resolution to execute a 36 month lease agreement with Oce’ North America, through the State of Florida Contract #600-000-11-1, for Canon copier equipment, service, and selected supplies for the “City of South Miami.” 3/5 (City Manager-Central Services) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 6 Q. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 26. 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 (CONT’D) 27. An Ordinance amending Chapter 2 – Administration, adding Sec. 4-2.2-“State of the City Address”. 3/5 (Mayor Stoddard) 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.”