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MAYOR: Philip K. Stoddard, Ph.D CITY MANAGER: Hector Mirabile, Ph.D
VICE MAYOR: Valerie Newman CITY ATTORNEY: Thomas F. Pepe
COMMISSIONER: Velma Palmer, Ph.D CITY CLERK: Maria M. Menendez
COMMISSIONER: Brian D. Beasley
COMMISSIONER: Walter A. Harris
CITY COMMISSION AGENDA
City Commission Meeting
_______________________________________________________________
Regular Meeting Date: June 14, 2011 Time: 7:00 PM
Next Regular Meeting Date: July 19, 2011 Time: 7:00 PM
30 Sunset Drive, South Miami, FL; Phone: (305) 663-6340 61
City of South Miami Ordinance No. 08-06-1876 requires all
lobbyists before engaging in any lobbying activities to register with
the City Clerk and pay an annual fee of $500.00 per Ord. No. 44-08-
1979. This applies to all persons who are retained (whether paid or
not) to represent a business entity or organization to influence
“City” action. “City” action is broadly described to include the
ranking and selection of professional consultants, and virtually all-
legislative, quasi-judicial and administrative action.
CALL TO ORDER:
A. Please silence or turn off all cell phones. If you must
the room: speak please leave
(s): B. Add-On Item
C. Roll Call:
D. Moment of Invocation:
E. Pledge of Allegiance:
F. Lobbyists addressing the City Commission tonight must have
ity Clerk as indicated above. been registered with the C
G. Presentation(s) 7:00 p.m.
1) Officer of the Month
he Month 2) Courteous Officer of t
) Employee of the Month 3
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AGENDA - June 14, 2011 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
(There was not enough time to finish the minutes for 6/07/11)
2. City Manager’s Report (25 minutes)
3. City Attorney’s Report (15-minutes)
a) Rescheduling the Executive Session regarding the
Moya Case.
PUBLIC REMARKS
(5 minutes)
4. Commission Reports, Discussion & Remarks (25 minutes)
UNFINISHED BUSINESS
RESOLUTION (S) PUBLIC HEARING (S)
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, 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
general restaurant at 5701 SW 72 Street (The Shops at
Sunset Place) within the “SR(HD-OV)” Specialty Retail
(Hometown District-Overlay); and providing an effective
date. 3/5
(City Manager – Planning/Zoning Dept.)
ORDINANCE (S) FIRST READING
6. An Ordinance, amending Section 2-22 of the Code of
Ordinances of the City of South Miami, Florida, to
eliminate term limits for commissions, boards and
committees; providing for severability, ordinances in
conflict and providing for an effective date. 3/5
(Mayor Stoddard)
7. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code by deleting Section 20-3.1(E) entitled
"Business Outside a Building”, inserting new Section
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AGENDA - June 14, 2011 2
20-3.6 (V) to be entitled “Commercial Activity
Conducted Outside of a Building” in order to provide
regulations for allowing for outside merchandise
display on private property and public sidewalks;
establishing limitations on type, location and extent
of outside merchandise display; providing a process for
obtaining permits; and providing for exceptions for
certain permitted uses; providing for severability;
providing for ordinances in conflict; and providing an
effective date. (Deferred 5/26/11) 5/5
(City Manager-Planning Dept.)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
8. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending Section 15-63 of
the Code of Ordinances of the City of South Miami,
Florida regarding mobile street sales restrictions by
clarifying the prohibition against sales during a
special event, such as an exhibition, exposition, art
show and/or festival; providing for severability,
ordinance in conflict, and an effective date. 3/5
(City Manager – Code Enforcement)
9. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code Section 20-2.3 entitled “Definitions”
in order to modify the definition of “Story” to clearly
indicate that the use of any floor of a building as a
parking level or partially for parking shall be
included in the definition of a single story for the
purpose of determining of the number of stories in a
building; providing for severability; providing for
ordinances in conflict; and providing an effective
date. 3/5
(Approved on 1st Reading 4/4/11 * Discussed on 2nd Reading 4/19/11
& moved to be placed again for 2nd Reading on 6/07/11 – See
Excerpt Minutes attached)
(City Manager – Planning/Zoning Dept.)
(END OF UNFINISHED BUSINESS)
BEGINNING OF CONSENT
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AGENDA - June 14, 2011 3
10. A Resolution directing the City Manager to pay Luis
Reiter, with the firm of Squire Sanders and Dempsy LLP
the sum of $19,467.17 for services rendered for the
period May 2, 2011 through May 31, 2011. 3/5
(City Attorney)
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to permit the Parks Foundation of Miami-Dade
County to host the Taste of the Town on top of the
South Miami Municipal Parking Garage by holding its’
1st Annual Million Trees Miami fundraising event on
July 9, 2011, to provide a venue for fundraising and
using the raised funds through the Parks Foundation of
Miami-Dade County, for the planting of approved trees
in the City of South Miami; providing for an effective
date. 3/5
(City Manager-Parks/Recreation Dept.)
(END OF CONSENT)
RESOLUTION(S)
12. A Resolution of the Mayor and the City Commission of
the City of South Miami, Florida, petitioning Miami-
Dade County School Board to re-open J.R.E. Lee
Alternative School located at 6521 SW 62nd Avenue in
the City of South Miami, Florida, to be used as an
elementary/community school. 3/5
(Commissioner Beasley)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(NONE)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
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AGENDA - June 14, 2011 4
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AGENDA - June 14, 2011 5
(CONT’D)
13. An Ordinance of the City of South Miami, Florida,
amending the City of South Miami Comprehensive Plan to
amend the current future land use map category titled
“Public/ Institutional Uses (Four-Story).” 3/5
(City Manager-Planning/Zoning Dept.)
14. An Ordinance of the City of South Miami, Florida,
amending the City of South Miami Comprehensive Plan to
adopt a new future land use map category titled “Clinic
/ Veterinarian (Two-Story).” 3/5
(City Manager-Planning/Zoning Dept.)
15. An Ordinance of the City of South Miami, Florida,
amending the City of South Miami Comprehensive Plan to
adopt a new future land use map category titled “Clinic
(Two-Story).” 3/5
(City Manager-Planning/Zoning Dept.)
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 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.”
PURSUANT TO FLA STATUTES 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.