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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, SEPTEMBER 4, 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 August 21, 2012 b) Minutes of August 27, 2012 I. CITY MANAGER’S REPORT J. CITY ATTORNEY’S REPORT a) Attorney-Client Session 7:00 p.m. 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 appointing Bradley W. Cassel to serve on the Pension Board for a two-year term ending September 3, 2014. 3/5 (City Commission) 2. A Resolution relating to budget; authorizing a transfer of $3,000 from account No. 001.1750.519.3450, Contractual Services to account No. 001.2000.572.5210, Supplies. 3/5 (City Manager-Parks & Recreation) 3. A Resolution related to an application pursuant to Land Development Code Section 20-4.3(N), requesting approval to permit the installation of twenty (20) pole banners on public right of way, where eighteen (18) banners will be installed along Sunset Drive from SW 62 Avenue to Red Road (SW 57th Avenue) and two (2) banners will be installed along Red Road (SW 57 Avenue) between Sunset Drive and SW 74 Street in order to announce that South Miami Hospital was ranked the “No. 1 hospital in South Florida” by the U.S. News Magazine. 3/5 (City Manager-Planning & Zoning) 4. A Resolution relating to budget, authorizing a transfer of $1,543.51 from Account No. 001-1200-512-4070 (Travel and Conference) to Account No. 001-1200-512- 4920 (Elections). 3/5 (City Manager-City Commission) 5. A Resolution relating to appropriations for the February 14, 2012 General and Special Elections for the City of South Miami; approving the expenditure of $26,480.51 for election costs; charging Account No. 001-1200-512-4920 (Elections). 3/5 (City Manager-City Commission) N. RESOLUTIONS 6. A Resolution reaffirming the Charter-granted right of the City Commission members to "make inquiry" (but not give directives) to any employee of the City of South Miami. 3/5 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 (Commissioner Welsh) O. RESOLUTION(S) PUBLIC HEARING(S) P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 7. An Ordinance authorizing the City Manager to enter into a sub-lease agreement with Miami-Dade County and LLiraff O., Inc. D/B/A O'Farrill Learning Center for the use of a City of South Miami Building located at 6121 SW 68th Street. 3/5 (City Manager -City Attorney) 8. An Ordinance amending the 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 Review and Preservation Board. (Continued from 8/21/12) 3/5 (City Manager-Planning & Zoning) 9. An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Institutional (Four Story) to Religious (Two Story) for an area identified as 6781 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130. 4/5 (Commissioner Welsh) (Deferred 8/07/12) 10. An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Institutional (Four Story) to Religious (Two Story) for an area identified as 6750 Sunset Drive (University Christian Church) Folio: 09-4035-000-0010. 4/5 (Commissioner Welsh) (Deferred 8/07/12) 11. An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from TODD (4+4 Story) to Hospital, for an area identified as 7031 SW 62 Avenue (Larkin Community Hospital) - Folio #09-4025-027-0010. (Deferred 8/21/12) 4/5 (City Manager-Planning & Zoning) 12. An Ordinance relating to a request to amend the official zoning map of the City of South Miami land development code by changing the zoning use district from “TODD MU-5” mixed use 5 to “H” hospital, for property located 7031 SW 62 Avenue (Larkin Community Hospital) - Folio #09-4025-027-0010. (Deferred 8/21/12) 4/5 (City Manager-Planning & Zoning) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 Q. ORDINANCE(S) FIRST READING 13. An Ordinance amending the Code of Ordinances of the City of South Miami, Section 8A-4 titled “Influence of board members by mayor and commissioners, appearance before boards” to repeal sub-section (b) which currently prevents a Commission member from addressing a board or committee without an invitation from a majority of the board or committee. 3/5 (Commissioner Welsh) 14a. An Ordinance amending the City’s Land Development Code, Section 20-3.1, titled “Zoning Use Districts and Purposes” so as to create a new zoning district titled “Religious” and to define the district. 4/5 (City Manager-Planning & Zoning) 14b. An Ordinance amending the City’s Land Development Code, Section 20-3.3(D), Permitted use schedule to create a category for religious uses titled “Religious” and zoning abbreviation for this zoning district with the letter "R" and to establish the areas of permitted use by right and permitted special use for this type of use. 4/5 (City Manager-Planning & Zoning) 14c. An Ordinance amending the City’s Land Development Code, Section 20-3.4, Special use conditions, creating a new zoning category titled “Religious”. 4/5 (City Manager-Planning & Zoning) 14d. An Ordinance amending the official zoning map from Public Institutional "PI" to Religious "R" for properties located at 6781 Sunset Drive, and 6750 Sunset Drive. (City Manager-Planning & Zoning) 4/5 15. An Ordinance authorizing the issuance of its Capital Improvement Revenue Refunding Note, Series 2012, in the principal amount not to exceed $5,800,000, for the purpose of refinancing certain of the City’s outstanding indebtedness and paying the costs of issuance of the Note and of refinancing such indebtedness; covenanting to annually budget and appropriate funds from Legally Available Non-Ad Valorem Revenues to repay such Note; providing the form, terms and details of the Note; awarding the Note to Branch Banking and Trust Company by negotiated sale; making certain covenants and agreements in connection therewith; authorizing and directing officers and employees of the City to take all necessary actions and execute all necessary documents. 5/5 (City Manager-Finance) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 5 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.” 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.”