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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, JUNE 5, 2012, 7:30 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 H. APPROVAL OF MINUTES a) Minutes of May 10, 2012 b) Minutes of May 15, 2012 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 directing the City Manager to pay Luis Reiter, with the firm of Squire Sanders (US) LLP the sum of $4,021.93 for services rendered for the period April 2012; charging account no. 001-1500-514-3410 legal services- litigation. 3/5 (City Attorney) 2. A Resolution authorizing the City Manager to accept $5,000.00 donation from Larkin Community Hospital for the 2012 Fourth of July celebratory event. 3/5 (City Manager-Special Events) 3. A Resolution authorizing the City Manager to permit Larkin Community Hospital to hold a Health Fair on Saturday, June 23, 2012, and closing down SW 70TH Street and SW 61 Court between SW 62 Avenue and SW 61 Avenue for the event. 3/5 (City Manager-Special Events) 4. A Resolution concerning an application pursuant to Land Development Code Section 20-4.3(N), requesting approval to permit the installation of a banner over the public right-of-way at 5800 Sunset Drive to promote an event titled "20th Annual International Mango Festival at Fairchild," held by the Fairchild Tropical Botanic Garden on July 14 through July 15, 2012. 3/5 (City Manager-Planning & Zoning) 5. A Resolution directing the City Manager to cease the current practice of putting notices on trash bins in order to notify City residents of when garbage will be picked up during the week of a national holiday. 3/5 (Commissioner Welsh & Vice Mayor Liebman) 5a. A Resolution appointing Donna Shelley to serve on the Citizens Advisory Group (Community Gardens & Farmers Market) for an unexpired term ending October 4, 2012. 3/5 (Commissioner Newman) N. RESOLUTIONS 6. A Resolution instructing the City Attorney to hire outside legal counsel to intervene on the City’s behalf in the FPL rate case before the Florida Public Services Commission, for an amount not to exceed $25,000. 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 related to the request for eight variances from Section 20-3.5 of the City's Land Development Code. 1. to allow a 37.5' frontage where a 60' frontage is required; 2. to allow development on the lot which has 3,525 square feet where 6,000 square feet is required; 3. to allow 5' interior setback when 7.5' is required; 4. to allow 12' front setback when 25' is required; 5. to allow 9.17' side street setback when 15' is required; 6. to allow 24.33' back setback when 25' is required; 7. to allow one parking space where two are required; 8. to allow maximum building coverage of 38% when 30% is required; to construct LEED Certified affordable housing on a nonconforming lot of record in an RS-4 zoning district at the NE corner of SW 62 Ave. and SW 62 Terr. Folio # 09-4025-009- 0240, within the City’s Community Redevelopment Area. (City Manager-Planning & Zoning) 3/5 P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 8. An Ordinance amending Section 20-8.9 of the Land Development Code titled Special Exceptions within the T.O.D.D. district, in order to, among other things, include the following; a definition of special exception and Large Scale Development; provisions and conditions for review and approval; deleting minimum lot area; providing for perpetual maintenance; and providing for the expiration and extension of approvals. 3/5 (City Manager-Planning & Zoning) Q. ORDINANCE(S) FIRST READING R. ADJOURNMENT 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 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.”