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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 Hector Mirabile, Ph.D 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, APRIL 3, 2012, 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) Employee of the Month b) South Miami Drug-Free Coalition presentation to the South Miami Police Explorers c) Legislative Report by Fausto Gomez H. APPROVAL OF MINUTES a) Minutes of March 20, 2012 (will be posted on Monday, April 2nd) 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 re-appointing Javier Baños to serve on the Pension Board for a two- year term ending April 17, 2014. 3/5 (Commissioner Newman) 2. A Resolution appointing Claudia Hauri to serve on the Planning Board for an unexpired term ending March 1, 2013. 3/5 (Commissioner Harris) 3. A Resolution supporting the repeal of the Florida Statute section 776.012, commonly known as the “Stand Your Ground” statute. 3/5 (Commissioner Welsh) 4. A Resolution for the creation of a City of South Miami Business Improvement Liaison Commissioner. 3/5 (Commissioner Harris) 5. A Resolution relating to the review and acceptance of the Annual Report of the RRC 57 Avenue LLC [Red Road Commons],on their mixed-use development project located at 6700 SW 57 Avenue, pursuant to the Development Agreement between the City of South Miami and RRC 57 Avenue LLC. 3/5 (City Manager-Planning & Zoning) 6. A Resolution consenting to the attached Assignment marked as Exhibit 1, relating to the Annual Report of the 64 Development Corporation. 3/5 (City Manager-Planning & Zoning) N. RESOLUTIONS 7. A Resolution providing the City Manager with instructions on how the City Commission desires the City Manager to proceed with regard to the proposed Murray Park Community Pool. 3/5 (City Manager) O. RESOLUTION(S) PUBLIC HEARING(S) 8. A Resolution relating to a request for two variances from Section 20-3.5 of the City’s Land Development Code requesting a variance of ten (10) feet from the required sixty (60) foot lot frontage and a variance of 125 square feet to 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 minimum lot size of 6,000 square feet, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS-4 zoning district, 6457 SW 60th Avenue, within the City's Community Redevelopment Area. 4/5 (City Manager-Planning & Zoning) 9. A Resolution relating to the request for requesting a variance from Section 20-3.5 of the City’s Land Development Code; requesting a variance of six (6) feet from the required sixty (60) foot lot frontage, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS-4 zoning district, 6501 SW 60th Avenue, within the City's Community Redevelopment Area. 4/5 (City Manager-Planning & Zoning) 10. 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 general restaurant at 6208 S. Dixie Highway within the General Retail “GR” zoning district. 4/5 (City Manager-Planning & Zoning) P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 11. An Ordinance amending the Land Development Code, Section 20-6.1 (C)(1)(a) and (b) and (3)(b) concerning membership and powers and duties of the Environmental Review and Preservation Board. 3/5 (Commissioner Harris) 12. An Ordinance amending South Miami Code of Ordinances, Article I, Chapter 2, Sec. 2- 2.1(K)(1) prohibiting the sending and receiving of electronic communication by a Commission member while the member is sitting on the dais during a Commission meeting. 3/5 (Commissioner Welsh) Q. ORDINANCE(S) FIRST READING 13. An Ordinance amending the South Miami Code of Ordinances, Article I, Section 2- 2.1(G)(2), to authorize the Mayor to participate in the discussion and debate of all issues. (Commissioner Welsh) 3/5 UNFINISHED BUSINESS 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 R. ORDINANCE(S) FIRST READING (CONT’D) 14. An Ordinance amending South Miami Land Development Code, article VI, section 20- 6.2 (A) and (B) concerning the procedures and stay of proceedings for the review of or appeals from the decisions of the Environmental Preservation and Review Board. 3/5 (Commissioner Harris) END OF UNFINISHED BUSINESS S. 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.”