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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 21, 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) Comprehensive Annual Financial Report (CAFR) H. APPROVAL OF MINUTES a) Minutes of May 7, 2013 b) Minutes of May 3, 2013 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 M. CONSENT AGENDA 1. A Resolution relating to budget; authorizing a transfer of $25,000 from account No. 001-1340-513-5205 Computer Equipment to account No. 001-1340-513- 4632 Internet Service. 3/5 (City Manager-IDC) 2. A Resolution appointing Sally Kolitz Russell, Ph.D to the City of South Miami Health Facilities Authority to serve for a three-year term ending May 20, 2016. (Mayor Stoddard) 3/5 3. A Resolution appointing Marice Chael to serve on the Environmental Review and Preservation Board for a two-year term ending May 20, 2015. 3/5 (Mayor Stoddard) 4. A Resolution authorizing the City Manager to permit Team FootWorks Educational and Fitness Corporation, a non-for-profit organization to amend Resolution #81-13-13899, which was passed on April 16, 2013, for their 25th Annual Twilight 5K Walk/Run event, which will be held on Sunday, June 2, 2013, to waive the cost of the parking meters. 3/5 (Mayor Stoddard) 5. A Resolution authorizing the City Manager to execute a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for turf and landscape maintenance funding in the amount of $3,980.00. 3/5 (City Manager-Public Works) 6. A Resolution authorizing the City Manager to agree to a change order and to pay Stantec Inc. f/k/a C3TS an amount not to exceed $8,600 for the Sunset Drive Improvement Phase 5 Project, to be charged to People’s Transportation Tax Fund account number 124-1730-541-6490. 3/5 (City Manager-Public Works) 7. A Resolution authorizing the City Manager to negotiate hourly rates and to execute a service agreement as provided under the Florida Statute 287.055 (Consultant’s Competitive Negotiation Act) “CCNA”, for professional services for the South Miami Intermodal Transportation Plan (SMITP). 3/5 (City Manager-Public Works) 8. A Resolution authorizing the City Manager to execute a contract relating to Special Magistrate services; appointing Harold V. Hickey, Esquire, as Special Magistrate for the City of South Miami at a rate of $100.00 per hour; authorizing 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 expenses to be charged to account number 001-1640-524-3111 (Code Enforcement Professional Services Special Magistrate). 3/5 (City Manager-Code Enforcement) 9. A Resolution authorizing the City Manager to accept a donation of $6,000 from Judge Norman Gerstein, founder and President of Summer Fun for Kids, a private non-for-profit organization, increasing the expenditure line item 001.2020.572.5660 Summer Camp. 3/5 (City Manager-Parks & Recreation) N. RESOLUTION(S) O. RESOLUTION(S) PUBLIC HEARING(S) 10. 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) P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 11. 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. 3/5 (City Manager-Planning & Zoning) 12. 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) Q. ORDINANCE(S) FIRST READING 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 13. An Ordinance amending 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) R. 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.”