_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, SEPTEMBER 3, 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) Awards to Explorers 7
H. APPROVAL OF MINUTES
a) Minutes of July 24, 2013
b) Minutes of August 14, 2013
c) Minutes of August 20, 2013
I. CITY MANAGER’S REPORT
J. CITY ATTORNEY’S REPORT
K. PUBLIC REMARKS
L. COMMISSION REPORTS, DISCUSSION & REMARKS
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M. RESOLUTION(S) PUBLIC HEARING(S)
1. A Resolution to consider, approve, reject or modify a settlement agreement
between Metro South Senior Apartments Limited Partnership and the City of
South Miami under the Florida Land Use and Environmental Dispute Resolution
Act. 4/5
(City Manager)
N. CONSENT AGENDA
2. A Resolution endorsing the Mayors' Climate Action Pledge, affirming support for
the Southeast Florida Regional Climate Change Compact, agreeing to consider
implementing the Regional Climate Action Plan and the Greenprint Sustainability
Plan in whole or in part as appropriate for each municipality and urging all
Mayors of Miami-Dade County to support the Mayors' Climate Action Pledge.
(Mayor Stoddard) 3/5
3. 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)
4. A Resolution relating to budget; authorizing a transfer of $10,000 from account
No. 001.1310.513.9920, City Manager General Contingency to account No.
001.1310.513.5210, City Manager Supplies. 3/5
(City Manager-Finance)
5. A Resolution approving the selection of Blue Cross and Blue Shield to provide
group health insurance and UHC to provide dental and vision coverage for the
City of South Miami full time employees to be charged to departmental account
numbers respectively. 3/5
(City Manager-Human Resources)
5a. A Resolution of the City of South Miami, Florida, supporting efforts to reduce gun
violence and illegal firearms trafficking through more responsible gun sales and
marketing practices. 3/5
(Mayor Stoddard)
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O. RESOLUTION(S)
P. RESOLUTION(S) PUBLIC HEARING(S) (CONT’D)
6. A Resolution authorizing the City Manager to execute a Professional Service
Agreement provided under Florida Statute 287.055 Consultant’s Competitive
Negotiation Act “CCNA”, with, Milian, Swain and Associates, Inc., Indigo Service
Corporation, O’Leary Richards Design Associates, Inc., Rosenberg Design Group,
Inc., Curtis and Rogers Design Studio, Inc., REE Consulting, LLC./ dba G.Batista
and Associates for the following professional services: Architecture,
Civil/Environmental Engineering, Structural, and Traffic & Transportation
Engineering. 3/5
(City Manager-Public Works)
Quasi-Judicial Warning:
The following matter is considered to be quasi-judicial and you may not have any ex
parte communication, whether verbal or in writing, with anyone until the quasi-
judicial matter is resolved and the meeting is adjourned. You are advised to review
the full warning that can be found at the end of this agenda.
7. A Resolution related to a request for a variance from Section 20-3.6(H)(2)(d) of
City of South Miami Land Development Code; requesting a variance of four feet
in height to construct a 12-foot high sound attenuating wall in a PUD-H, Hospital
zoning district; 7401-7500 SW 63 Avenue. 4/5
(City Manager-Planning & Zoning)
Quasi-Judicial Warning:
The following matter is considered to be quasi-judicial and you may not have any ex
parte communication, whether verbal or in writing, with anyone until the quasi-
judicial matter is resolved and the meeting is adjourned. You are advised to review
the full warning that can be found at the end of this agenda.
8. A Resolution related to a request pursuant to Ordinance 06-10-2031 of the City of South
Miami to locate a professional office for counseling services within a first floor unit of
the Valencia Condominium located at 6001 SW 70 Street Unit 105 in the TODD MU-5
zoning district; provided the use is approved via the Special Use Permit process set forth
in Section 20-5.8 of the City's Land Development Code. 4/5
(City Manager-Planning & Zoning)
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Quasi-Judicial Warning:
The following matter is considered to be quasi-judicial and you may not have any ex
parte communication, whether verbal or in writing, with anyone until the quasi-
judicial matter is resolved and the meeting is adjourned. You are advised to review
the full warning that can be found at the end of this agenda.
9. A Resolution related to a request pursuant to Section 20-3.5(D) of the South
Miami Land Development Code, requesting an additional (third) floor within the
Madison Square Mixed Use Development Project, located between SW 60
Avenue and SW 59 Court; and between SW 64 Street and SW 66 Street. 3/5
(City Manager-Planning & Zoning)
(This item is being postponed to the City Commission meeting of 9/17/13)
10. A Resolution of the City of South Miami relating to a request to allow for the
creation of parcels 1 through 5, on property specifically located at 6150 SW 80th
Street; 6120 SW 80th Street; and 6040 SW 80th Street, South Miami, Florida
within an RS-3; Low Density Single-Family Residential Zoning District, as
permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-
4.2(B) of the City of South Miami Land Development Code, and Section 28-4 of
the Miami- Dade County Code; for the purpose of constructing five new single
family homes; and providing for a legal description. 3/5
(City Manager-Planning & Zoning)
Q. ORDINANCE(S) THIRD READING(S) PUBLIC HEARING(S)
11. An Ordinance amending Section 8A-2(l) to provide clarification as to the meaning
of language of the limitation period for filing an ethics complaint and to provide
for the repose of complaints. 3/5
(Mayor Stoddard)
R. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
12. An Ordinance amending Section 20-5.5 (C)(3) and (G)(3) of the City of South
Miami’s Land Development Code to redefine the newspaper required for
publication and to conform to Section 166.041(3)(a) of the Florida Statutes. 3/5
(City Attorney)
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S. ORDINANCE(S) FIRST READING
13. An Ordinance Amending Sec. 16.14(a); Sec. 16-16; Sec. 16-19; Sec. 16-22; and
Sec. 16-23, Of The South Miami Pension Plan To Provide For Compliance With
The Internal Revenue Code. 3/5
(City Manager)
14. An Ordinance related to a request for an amendment to the City of South Miami
Comprehensive Future Land Use Map, amending the Agency owned property
assemblage generally referred to as the Marshall Williamson properties
(Madison Square redevelopment west), folio numbers 09-4025-000-0850; 09-
4025-000-0852; and 09-4025-065-0090, from the current land use designation of
Single-Family Residential to Multi-Family Residential, to allow for additional
residential dwelling units within the Madison Square Mixed-Use Development
Project. 4/5
(City Manager-Planning & Zoning)
15. An Ordinance related to a request for a zoning map amendment to the City of
South Miami official zoning map, to re-zone the Agency owned property
assemblage referred to as the Marshall Williamson properties (Madison Square
redevelopment west), folio numbers 09-4025-000-0850; 09-4025-000-0852; and
09-4025-065-0090, from a current zoning designation of "RS-4" (Single-Family) to
the "RM-18" (Low Density Multi-Family Residential) to allow for additional
residential dwelling units within the Madison Square Mixed-Use Development
Project. 5/5
(City Manager-Planning & Zoning)
T. ADJOURNMENT
THE CITY OF SOUTH MIAMI 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
6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 6
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.”
QUASI-JUDICIAL WARNING:
THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL AND YOU MAY NOT HAVE ANY EX PARTE
COMMUNICATION, WHETHER VERBAL OR IN WRITING, WITH ANYONE UNTIL THE QUASI-JUDICIAL MATTER IS
RESOLVED AND THE MEETING IS ADJOURNED. “EX PARTE “MEANS ANY WRITTEN OR VERBAL COMMUNICATION
THAT IS NOT RECEIVED BY YOU AT A DULY NOTICE PUBLIC MEETING TO ADDRESS THE MATTER. YOU ARE
PROHIBITED FROM MAKING ANY INDEPENDENT INVESTIGATION. THIS INCLUDES SITE VISITS. ALL
INFORMATION THAT YOU OBTAIN ON THIS MATTER MUST COME TO YOU AT THE DULY NOTICED PUBLIC
HEARING DURING WHICH THE APPLICANT HAS AN OPPORTUNITY TO HEAR AND SEE EVERYTHING THAT YOU
HEAR OR SEE. IF THERE IS A BREAK IN THE MEETING, YOU MAY NOT ALLOW OTHERS TO SPEAK TO YOU ABOUT
THE MATTER OR PROVIDE YOU WITH ANY INFORMATION ABOUT THE MATTER. IF THE MATTER REQUIRES
MORE THAN ONE HEARING, YOU MAY NOT DISCUSS THE MATTER WITH ANYONE, UNTIL THE MATTER IS
RESOLVED BY A FINAL WRITTEN RESOLUTION OR, IF APPLICABLE, ORDINANCE. IF YOU RECEIVE AN EMAIL OR
ANY WRITTEN OR PRINTED INFORMATION ABOUT THE MATTER BEFORE THE HEARING, YOU ARE NOT ALLOWED
TO RESPOND TO IT AND YOU ARE REQUIRED TO IMMEDIATELY PROVIDE A COPY OF ANY WRITTEN
COMMUNICATION OR DOCUMENT YOU RECEIVE CONCERNING THIS MATTER TO THE CITY CLERK AND THE
PLANNING AND ZONING DIRECTOR. IF YOU RECEIVE ANY EX PARTE COMMUNICATION, YOU ARE REQUIRED TO
DISCLOSE IT AT THE PUBLIC HEARING. THE CONTENTS OF ALL VERBAL EX PARTE COMMUNICATION MUST BE
REDUCE TO WRITING WHICH MUST INCLUDE THE IDENTIFY THE PERSON COMMUNICATING WITH YOU, AS WELL
AS THE DATE, TIME AND PLACE WHERE THE COMMUNICATION TOOK PLACE. THIS DOCUMENT MUST BE
DELIVERED TO THE CITY CLERK AND THE PLANNING AND ZONING DIRECTOR AS SOON THEREAFTER AS POSSIBLE.