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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 Kelly Barket, Jr. Philip K. Stoddard, Ph.D, Mayor Acting City Manager Josh Liebman, Vice Mayor Maria M. Menendez, CMC Valerie Newman, Commissioner City Clerk Walter Harris, Commissioner Thomas F. Pepe, Esq. Bob Welsh, Commissioner City Attorney CITY COMMISSION MEETING AGENDA TUESDAY, NOVEMBER 20, 2012, 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) Officer(s) of the Month b) Employee of the Month H. APPROVAL OF MINUTES a) Minutes of November 7, 2012 I. ACTING 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 M. CONSENT AGENDA 1. A Resolution relating to the final amendment of the 2011-2012 fiscal year budget; approving and adopting the recommendations of the Acting City Manager to transfer line items as set forth in the attached itemized list within each City department pursuant to Article IV F(1) of the City Charter and Florida Statute 166.241(3) for the budget year ending September 30, 2012. 3/5 (Acting City Manager-Finance) 2. A Resolution relating to budget; authorizing a transfer for fiscal year 2012 of $3,548 from account No. 111-1730-541-3450, Contractual Services, settlements to account No. 111-1730-541-1210, Stormwater Regular Salaries for $2,477, No. 111-1730-541-1410, Stormwater Overtime for $831, and account No. 111-1730- 541-2110, Stormwater F.I.C.A. for $240. 3/5 (Acting City Manager-Finance) 3. A Resolution relating to budget; authorizing a transfer for fiscal year 2012 of $21,753; $16,875 from Account No. 615-1910-521-3450, Contractual Services and $4,878 from Account No. 615-1910-521-5210, Supplies settlements to Account No. 615-1910-521-1410, Overtime 1 for $12,504 and Accounts No. 615- 1910-521-1414 Overtime 2 for $9,249. 3/5 (Acting City Manager-Finance) 4. A Resolution relating to budget; authorizing a transfer for fiscal year 2012 of $3,765 from account No. 201-1410-519-7110, Debt Principal, settlements to account No. 201-1410-519-7310 Debt Other Costs. 3/5 (Acting City Manager-Finance) 5. A Resolution authorizing the Acting City Manager to use the green space area at the Southwest corner of Murray Park for temporary unimproved parking, to alleviate the parking overflow from special events at the Gibson-Bethel Community Center. 3/5 (Acting City Manager-Parks & Recreation) 6. A Resolution authorizing the Acting City Manager to execute fiscal year 2013 grant agreement with Miami-Dade County for the Edward Byrne Memorial Justice Assistance Grant (JAG) for the purchase of three laptop computers for South Miami Police Officers in the amount of $2,561. 3/5 (Acting City Manager-Grants) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 7. A Resolution authorizing the Acting City Manager to execute fiscal year 2013 grant agreement with the Florida Department of Law Enforcement, Office of Criminal Justice Grants for the Edward Byrne Memorial Justice Assistance Grant (JAG) for the project entitled, Byrne Grant Vehicle Burglary, for the purchase of five laptop computers for South Miami Police Officers in the amount of $5,464. (Acting City Manager-Grants) 3/5 8. A Resolution authorizing the Acting City Manager to expend to Digital Payment Technologies, Corp.; a Canadian federal corporation authorized to transact business in the State of Florida, an annual amount not to exceed $33,000.00 for the Pay Station Credit Card and Pay-By-Phone Processing System. 3/5 (Acting City Manager-Police) 9. A Resolution authorizing the Acting City Manager to permit South Miami Rotary, a non-profit organization to hold its 29th Annual South Miami Rotary Art Festival on February 23 & 24, 2013, in the downtown South Miami area on Sunset Drive. (Acting City Manager-Special Events) 3/5 10. A Resolution declaring that the attached list of personal property are “surplus” and authorizing the Acting City Manager to dispose of “surplus” items pursuant to City Code. 3/5 (Acting City Manager-Central Services) N. RESOLUTIONS O. RESOLUTION(S) PUBLIC HEARING(S) 11. A Resolution to consider the adoption of a development agreement proposed by Metro South Senior Apartments Limited Partnership, pursuant to sec.70.51 and 163.3225, Fla. Stat., for the construction of commercial space and 91 affordable senior apartments at 6101 Sunset Drive, South Miami, Florida, which will require concessions, including parking and height variances and which will either be rejected, accepted or accepted with amendments. 4/5 (City Manager-City Attorney) P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 12. An Ordinance amending Article III, Section 12-56 titled “Administrative procedures” of the City’s Code of Ordinances to provide an administrative procedure for the payment of the special and general counsel of the Health Facilities Authority. 3/5 (City Attorney) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 13. An Ordinance amending Section 20-3.6(U), of the City of South Miami’s Land Development Code, Outdoor lighting spillage; creating additional minimum standards for outdoor lighting in residential districts. 3/5 (Acting City Manager-Planning & Zoning) Q. ORDINANCE(S) FIRST READING PUBLIC HEARING(S) 14. An Ordinance amending the development agreement originally adopted by Ordinance No. 05-05-1827 and amended by Ordinance No. 18-05-1840 concerning the project known as “Project Sunset” and located generally at 5750 Sunset Drive, for the purpose of clarifying the effective date of the agreement and term of agreement. 3/5 (Acting City Manager-Planning & Zoning) R. ORDINANCE(S) FIRST READING 15. An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from TODD (4+4 Story) to Hospital, for an area identified as 7031 SW 62 Avenue (Larkin Community Hospital) - Folio #09-4025-027-0010. 4/5 (Acting City Manager-Planning & Zoning) 16. An Ordinance relating to a request to amend the official zoning map of the City of South Miami land development code by changing the zoning use district from “TODD MU-5” mixed use 5 to “H” hospital, for property located 7031 SW 62 Avenue (Larkin Community Hospital) - Folio #09-4025-027-0010. 3/5 (Acting City Manager-Planning & Zoning) S. ADJOURNMENT 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 5 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.”