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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, JUNE 18, 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) Officer(s) of the Month H. APPROVAL OF MINUTES a) Minutes of May 20, 2013 b) Minutes of June 4, 2013 I. CITY MANAGER’S REPORT J. CITY ATTORNEY’S REPORT a) Attorney-Client Session 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 authorizing the City Manager to purchase a Speed-Alert Radar Traffic Enforcement Sign that is capable of wireless communication, and powered by a solar panel, using funding from Federal Forfeiture Account #615- 1910-521-6430, in an amount not to exceed $6,000.00. 3/5 (City Manager-Police) 2. A Resolution authorizing the City Manager to enter into a contract with Bejar Construction Inc. for a contract price not to exceed $90,000 for the Dante Fascell Park Jogging Trail, to be charged to Capital Improvement Program Fund account number 301-2000-572-6450. 3/5 (City Manager-Public Works) 3. A Resolution relating to an application pursuant to the City of South Miami 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 "21st Annual Mango Festival at Fairchild," held by the Fairchild Tropical Botanic Garden on July 13 through July 14, 2013. 3/5 (City Manager-Planning & Zoning) 4. A Resolution authorizing the City Manager to expend an amount not to exceed $80,000 for playground equipment and related demolition services at Marshall Williamson Park to Union Land, Inc., dba Meglio-Unionland through a HGAC/Buy Cooperative Purchasing contract no PR112-12. 3/5 (City Manager-Parks & Recreation) N. RESOLUTION(S) 5. 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). (Deferred 6/04/13) 3/5 (City Manager-Public Works) 6. A Resolution relating to the creation of the position of Deputy City Clerk I; appointing Lidia Fernandez as Deputy Clerk I. 3/5 (Mayor Stoddard) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 O. RESOLUTION(S) PUBLIC HEARING(S) 7. A Resolution to approve a multi-year employment agreement between the City of South Miami and Steven Alexander to provide City Manager Services. 3/5 (City Manager) 8. A Resolution relating to a request pursuant to Section 20-3.4(B)(6) of the City of South Miami Land Development Code for Special Use Approval, to locate a used merchandise store: consignment goods, at 5770 SW 72 Street within the Specialty Retail "SR", Hometown District Overlay "HD-OV". 4/5 (City Manager-Planning & Zoning) 9. A Resolution related to a request pursuant to Section 20-3.4(B)(4)(b) of the City of South Miami Land Development Code for Special Use Approval to locate a general restaurant at 5818 South Dixie Highway within the Specialty Retail "SR", Hometown District Overlay "HD-OV". 4/5 (City Manager-Planning & Zoning) 10. A Resolution related to a request pursuant to Section 20-7.6(C)(2)(b) of the City of South Miami Land Development Code requesting a Special Exception waiving strict compliance with the provisions of the Hometown District Overlay parking requirements, to locate a general restaurant at 5818 South Dixie Highway within the Specialty Retail "SR", Hometown District Overlay "HD-OV". 4/5 (City Manager-Planning & Zoning) P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 11. 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. (Deferred 6/04/13) 3/5 (Mayor Stoddard) 12. An Ordinance of the City of South Miami, Florida amending the Code of Ordinances Section 15-1 - Reserved, prohibiting the operation of helipads and the landing or takeoff of helicopters or other aircraft with the city limits except in the case of police, fire or similar civil emergency, and creating Section 15-1(A) titled "Penalty", to include penalties for violations, and providing for conflicts.3/5 (Commissioner Harris) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 13. An Ordinance of the City of South Miami, Florida amending Section 20-4.3(N) - banners over rights-of-way, to allow for administrative review and approval of requests for banners; providing a reference to the city's fee schedule; providing additional requirements for applicant's responsibilities and providing for conflicts. 3/5 (Commissioner Welsh) Q. ORDINANCE(S) FIRST READING 14. An Ordinance adding a provision governing, defining and proscribing panhandling to be codified in Section 15-8 of the City of South Miami’s Code of Ordinances which is currently reserved. 3/5 (Vice Mayor Liebman) 15. An Ordinance defining and prohibiting trespassing to be codified in Section 15-7 of the City of South Miami’s Code of Ordinances which is currently reserved. 3/5 (Vice Mayor Liebman) 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.” 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 5 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.”