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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 Steven J. Alexander Philip K. Stoddard, Ph.D, Mayor 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, MAY 7, 2013, 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) Gold Award in the Fit Friendly Program to be presented to the Parks and Recreation Department b) Recognizing Bike Rodeo Committee Members c) Municipal Clerks Week Proclamation H. APPROVAL OF MINUTES a) Minutes of April 16, 2013 b) Minutes of April 24, 2013 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 appointing Bradley Cassel to serve on the Audit Committee for a twelve month term, or until a recommendation is made to the Commission and the Commission enters into a contract with one of the recommended auditors, whichever date is sooner. 3/5 (Commissioner Newman) 2. A Resolution appointing Kate Reilley to serve on the Audit Committee for a twelve month term, or until a recommendation is made to the Commission and the Commission enters into a contract with one of the recommended auditors, whichever date is sooner. 3/5 (Mayor Stoddard) 3. A Resolution of the City of South Miami supporting the restoration of America’s Everglades. 3/5 (Mayor Stoddard) 4. A Resolution appointing Robert L. Pellegrini to serve on the Green Task Force for a two-year term ending May 6, 2015. 3/5 (Commissioner Harris) 5. A Resolution supporting marriage equality. 3/5 (Commissioner Harris & Mayor Stoddard) 6. 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 "25th Annual Twilight 5K Walk/Run," held by Team FootWorks in Downtown South Miami on June 2, 2013. 3/5 (City Manager-Planning & Zoning) 7. A Resolution declaring that the personal property, described in the attached list, is “surplus” and authorizing the City Manager to sell the “surplus” items at auction. 3/5 (City Manager-Central Services) 8. A Resolution authorizing the City Manager to execute FY 2013 Community Development Block Grant agreement with Miami-Dade County Public Housing and Community Development (PHCD) for the Marshall Williamson Park Improvements Project in the amount of $115,000. 3/5 (City Manager-Grants) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 9. A Resolution authorizing the City Manager to expend budgeted funds not to exceed $38,137 for the purchase a new GIS Server and ESRI Software to maintain and run the City departments' GIS functions. 3/5 (City Manager-Planning & Zoning) 10. A Resolution authorizing the City Manager to accept $3,000 donation from South Miami Hospital and $500 from 1ST National Bank of South Miami for the 2013 Fourth of July celebratory event. 3/5 (City Manager-Special Events/CE) N. RESOLUTION(S) 11. A Resolution giving six-month notice to City Attorney Thomas F. Pepe, Esq., as per the terms of his Agreement for Legal Services dated October, 19, 2011. 3/5 (Commissioner Newman) 12. A Resolution relating to City Commission meetings; scheduling the meetings of June and July 2013. 3/5 (Mayor Stoddard) 13. A Resolution authorizing the City Manager to execute an Offer of Settlement with the United States Securities and Exchange Commission concerning certain parking garage related securities law violations and authorizing necessary actions for implementation of the Order accepting the Offer of Settlement. 3/5 (City Attorney) 14. A Resolution authorizing the City Manager to hire outside counsel who specializes in municipal charters to aid the Charter Review Committee in their duties. 3/5 (City Attorney) 15. A Resolution approving the schematic design plans prepared by Recreational Design & Construction, Inc. for Murray Park Community Pool and to proceed with the completion of the construction drawings. 3/5 (City Manager-Public Works) O. RESOLUTION(S) PUBLIC HEARING(S) 16. A Resolution relating to the release of a Unity of Title request by Rev. Pansy Graham, Owner and Senior Pastor of the Higher Praise and Worship Center, Inc. South Miami Church of God of Prophecy, pursuant to Section 20-5.16 (e) of the Land Development Code, for property described as: Lots 1 through 8, inclusive, and Lots 27 through 30, inclusive, Block A, RESUBDIVISION OF BLOCKS 3 & 4 OF 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 THE TOWNSITE OF LARKINS, according to the Plat thereof, as recorded in Plat Book 4, Page 1, Public Records of Miami-Dade County, Florida. 3/5 (City Attorney) 17. A Resolution 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 walk up restaurant at 5831 Sunset Drive, within the Specially Retail "SR", Hometown District Overlay "HD-OV" zoning district. 3/5 (City Manager-Planning & Zoning) P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 18. An Ordinance investing authority in the City Manager to amend the City of South Miami Personnel Rules that are not in conflict with Chapter 16A. 3/5 (Deferred 4-16-13) (City Manager) Q. ORDINANCE(S) FIRST READING 19. An Ordinance amending the Code of Ordinances Section 15-93, titled “Noise- creating blowers, power fans, or internal combustion engines, outdoor powered tools and other equipment” of the existing noise ordinance. 3/5 (Mayor Stoddard) 20. An Ordinance amending Section 20-3.3(C)(6) Permitted Use Schedule, of the Land Development Code; providing for additional ground floor and third floor uses for certain properties in the "SR - Specialty Retail" zoning district; providing for severability; providing for ordinances in conflict. 3/5 (City Manager-Planning & Zoning) 21. An Ordinance providing for the City of South Miami to approve the donation of land related to the Murray park Pool project for right of way dedication, by conveying a 5 foot strip of land approximately 1,843 square feet more or less of swale area along of right of way of SW 68 Street and SW 58 Place SW 57 Avenue in South Miami, Florida. 3/5 (City Manager-Public Works) R. 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.”