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agenda (2)CITY OF SOUTH MIAMI City Commission Steven J. Alexander 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, JULY 2, 2013, 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) Biscayne Bay Waterkeeper b) Recognizing former Planning Board Members: Dean Whitman, Jorge Cruz, Luigi Vitalini, Jim Dundorf and Hector Fernandez H. APPROVAL OF MINUTES a) Minutes of June 18, 2013 I. CITY MANAGER’S REPORT J. CITY ATTORNEY’S REPORT K. PUBLIC REMARKS L. COMMISSION REPORTS, DISCUSSION & REMARKS UNFINISHED BUSINESS M. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 1.     An Ordinance of the City of South Miami, Florida amending the Code of Ordinances Section 15-1 - Reserved, prohibiting the operation of helipads and the landing or takeoff of helicopters or other aircraft with the city limits except in the case of police, fire or similar civil emergency, and creating Section 15-1(A) titled "Penalty", to include penalties for violations, and providing for conflicts.3/5 (Commissioner Harris) 2.   An Ordinance of the City of South Miami, Florida amending Section 20-4.3(N) - banners over rights-of-way, to allow for administrative review and approval of requests for banners; providing a reference to the city's fee schedule; providing additional requirements for applicant's responsibilities and providing for conflicts. 3/5 (Commissioner Welsh) N. ORDINANCE(S) FIRST READING 3. An Ordinance adding a provision governing, defining and proscribing panhandling to be codified in Section 15-8 of the City of South Miami’s Code of Ordinances which is currently reserved. 3/5 (Vice Mayor Liebman) 4. An Ordinance defining and prohibiting trespassing to be codified in Section 15-7 of the City of South Miami’s Code of Ordinances which is currently reserved. 3/5 (Vice Mayor Liebman) END OF UNFINISHED BUSINESS O. CONSENT AGENDA 5. A Resolution appointing Stanley Boynton to serve on the Green Task Force for a two-year term ending July 1, 2015. 3/5 (City Commission) 6. A Resolution appointing Douglas Thompson to serve on the Green Task Force for a two-year term ending July 1, 2015. 3/5 (City Commission) 7. A Resolution appointing Sally B. Philips, EdD to the Health Facilities Authority to serve for a four-year term ending July 1, 2017. 3/5 (Commissioner Harris) 8. A Resolution authorizing the City Attorney to file a voluntary dismissal of the law firms of Bryant Miller Olive, P.A., and Adorno & Yoss, LLP from the case of City of South Miami v. Luis R. Figueredo, et al. (Case No.: 10-46712 CA 10). 3/5 (City Attorney) P. RESOLUTION(S) Q. RESOLUTION(S) PUBLIC HEARING(S) 9. A Resolution of the City of South Miami relating to a request to allow for the creation of parcels A, B, and C on the Northern portion of property specifically located at 6250 SW 56th Street, South Miami, Florida within an RS-3; Low Density Single-Family Residential Zoning District, as permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-4.2(B) of the City of South Miami Land Development Code, and Section 28-4 of the Miami-Dade County Code; for the purpose of constructing three new single-family homes; and providing for a legal description. 3/5 (City Manager-Planning & Zoning) 10. A Resolution of the City of South Miami relating to a request to allow for the creation of parcels A, B, C, and D on the Southern portion of property specifically located at 6250 SW 56th Street, South Miami, Florida within an RS-3; Low Density Single-Family Residential Zoning District, as permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-4.2(B) of the City of South Miami Land Development Code, and Section 28-4 of the Miami-Dade County Code; for the purpose of constructing three new single-family homes; and providing for a legal description. 3/5 (City Manager-Planning & Zoning) 11. A Resolution authorizing the City Manager to hire a new independent external financial auditor and execute a two year audit contract with the audit firm of Cherry Bekaert, LLP., with the option to renew for one year, if so desired by the City Manger. 3/5 (City Manager-Finance) (THIS ITEM IS BEING POSTPONED UNTIL THE JULY 16 MEETING) 12. A Resolution of the City of South Miami relating to a request to allow for the creation of parcels 1 through 5, on property specifically located at 6150 SW 80th Street; 6120 SW 80th Street; and 6040 SW 80th Street, South Miami, Florida within an RS-3; Low Density Single-Family Residential Zoning District, as permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-4.2(B) of the City of South Miami Land Development Code, and Section 28-4 of the Miami- Dade County Code; for the purpose of constructing five new single family homes; and providing for a legal description. 3/5 (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.” 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1