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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 Kelly Barket, Jr. Philip K. Stoddard, Ph.D, Mayor Acting 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, DECEMBER 4, 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) Feeding South Florida by Andrea M. Pennant, Director H. APPROVAL OF MINUTES a) Minutes of November 9, 2012 b) Minutes of November 13, 2012 c) Minutes of November 20, 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 rescheduling the City Commission meeting of Tuesday, January 1, 2013 to Monday, January 7, 2013; and, the City Commission meeting of Tuesday, January 15, 2013, to Tuesday, January 22, 2013. 3/5 (Mayor Stoddard) 2. A Resolution appointing Carlos Martell to serve on the Parks and Recreation Board for a two-year term ending December 3, 2014. 3/5 (Commissioner Newman) 3. A Resolution authorizing the City Manager to purchase from Parker Systems, Tier 2 Support for the fifty (50) pay stations at $250.00 per machine, in an amount not to exceed $12,500.00. 3/5 (Acting City Manager-Police) 4. A Resolution authorizing the City Manager to enter into a contract with Bannerman Group, Inc. for an amount not to exceed $11,810.77 for demolition of the building at Van Smith Park. To be charged to Capital Improvement Program’s Parks & Recreation account 301-2000-572-6450. 3/5 (Acting City Manager-Public Works) N. RESOLUTION(S) APPEAL(S) 5. A Resolution deciding an appeal from a decision of the Environmental Review and Preservation Board denying an application for signage installation at 7301 SW Court, South Miami Florida. 3/5 (Acting City Manager-Planning & Zoning) O. RESOLUTION(S) PUBLIC HEARING(S) 6. A Resolution to consider the adoption of a development agreement proposed by Metro South Senior Apartments Limited Partnership, pursuant to sec.70.51 and 163.3225, Fla. Stat., for the construction of commercial space and 91 affordable senior apartments at 6101 Sunset Drive, South Miami, Florida, which will require concessions, including parking and height variances and which will either be rejected, accepted or accepted with amendments. 4/5 (Acting City Manager-City Attorney) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 7. A Resolution related to a request for five variances from Section 20-3.5(E) of the City's Land Development Code, to allow a 37.5 feet of frontage where 60 feet of frontage is required; to allow the lot area of 3,525 square feet where 6,000 square feet is required; to allow 12 foot front setback when 25 feet is required; to allow a side street setback of 6.67 feet where 15 feet is required; and to allow maximum building coverage of 37% where 30% is required, to construct a LEED Certified single family affordable home on a nonconforming lot of record in an RS-4 zoning district, located at the NE corner of SW 62 Ave. and SW 62 Terrace. (Acting City Manager-Planning & Zoning) 4/5 P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 8. An Ordinance amending the development agreement originally adopted by Ordinance No. 05-05-1827 and amended by Ordinance No. 18-05-1840 concerning the project known as “Project Sunset” and located generally at 5750 Sunset Drive, for the purpose of clarifying the effective date of the agreement and term of agreement. 3/5 (Acting City Manager-City Attorney) 9. An Ordinance amending Section 20-3.6(U), of the City of South Miami’s Land Development Code, Outdoor lighting spillage; creating additional minimum standards for outdoor lighting in residential districts. (Deferred 11-20-12) 3/5 (Acting City Manager-Planning & Zoning) Q. ORDINANCE(S) FIRST READING 10. An Ordinance amending Section 2-2.1 (C), titled “Rules of procedure of city commission: Agenda” of the City’s Code of Ordinances to establish a procedure for advanced notice of add-on item(s) on the Official Agenda and repealing Resolution 61-10-13095. 3/5 (Mayor Stoddard-City Attorney) 11. An Ordinance amending the official zoning map of the City of South Miami Land Development Code by changing the zoning use district of the Community Redevelopment Agency owned property assemblage enumerated below and referred to as the Madison Square redevelopment site, from "NR" Neighborhood Retail and "RS-4" Small Lot Single-Family Residential zoning district, to "SR" Specialty Retail zoning district; to provide compatibility with the current mixed- 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 use land-use designation of the site and allow for development of a mixed-use affordable housing project in the Community Redevelopment Area. 5/5 (Acting City Manager-Planning & Zoning) 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.”