_agenda 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1
CITY OF SOUTH MIAMI
City Commission Steven J. Alexander
Philip K. Stoddard, Ph.D, Mayor City Manager
Bob Welsh, Vice Mayor Maria M. Menendez, CMC
Walter A. Harris, Commissioner City Clerk
Josh Liebman, Commissioner Thomas F. Pepe, Esq.
Gabriel Edmond, Commissioner City Attorney
CITY COMMISSION MEETING AGENDA
Tuesday, November 1, 2016, 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) "Food, Wine & Spirits Festival"
H. APPROVAL OF MINUTES
a) Minutes of October 18, 2016
I. CITY MANAGER’S REPORT
J. CITY ATTORNEY’S REPORT
[City Attorney reminder: Remarks are limited to those matters that are not quasi-
judicial. Any comment on a quasi-judicial matter may be made when the item is
called and the speaker is under oath.]
K. PUBLIC REMARKS
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L. COMMISSION REPORTS, DISCUSSION & REMARKS
M. CONSENT AGENDA
1. A Resolution acknowledging Commissioner Josh Liebman’s (Group Seat II)
appointment of Maximo Monterrey as the representative of Group Seat II, to
serve on the Budget and Finance Committee for a term ending September 30,
2017. 3/5
(Commissioner Liebman)
2. A Resolution acknowledging Commissioner Liebman’s (Group Seat II) re-
appointment of Bradley Cassel, as the representative of Group Seat II, to serve
on the Pension Board for the South Miami Pension Plan for a two-year term
ending October 31, 2018. 3/5
(Commissioner Liebman)
3. A Resolution acknowledging Commissioner Josh Liebman’s (Group Seat II)
appointment of Chris Wolfe as the representative of Group Seat II, to serve on
the Environmental Review and Preservation Board for a two-year term ending
October 31, 2018. 3/5
(Commissioner Liebman)
4. A Resolution authorizing the City Manager to purchase from Parker Systems, Tier
2 Support for the fifty three (53) pay stations at $250 per machine, in an amount
not to exceed $13,250. 3/5
(City Manager-Finance)
5. A Resolution of the City of South Miami Commission Opposing the Florida
Department of Environmental Protection (DEP) and Environmental Regulation
Commission (ERC) weakening of human health protections through new human
health-based water quality criteria for our waters and urging the U.S.
Environmental Protection Agency to deny Florida’s proposed Human Health-
based Water Quality Criteria. 3/5
(Mayor Stoddard)
6. A Resolution authorizing Unlimited Sales Group Inc. to host its First Annual South
Miami Food, Wine and Spirits Festival on 72nd Street (Sunset Drive) from South
Dixie Highway to 58th Avenue. 3/5
(City Manager-Parks & Recreation)
6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3
7. A Resolution authorizing ROK:BRGR to host its 3rd Annual Fall Festival on 58th
Avenue from 73rd Street to 74th Street. 3/5
(City Manager-Parks & Recreation)
7a. A Resolution urging municipalities within Miami-Dade County to partner with the
county to secure state and federal funding to assist with eliminating septic
systems and converting to sewer system connections. 3/5
(Commissioner Harris)
N. RESOLUTION(S)
8. A Resolution approving the annual South Miami Community Redevelopment
Agency budget for Fiscal Year beginning October 1, 2016 and ending September
30, 2017; approving the appropriations and anticipated expenditure of the funds
and authorizing the Agency to transmit the budget to Miami-Dade County for
final approval. 3/5
(SMCRA)
9. A Resolution relating to the review and acceptance of the Annual Development
Agreement Report of the RRC 57th Avenue LLC [Red Road Commons]. 3/5
(City Manager-Planning & Zoning)
O. RESOLUTION(S) PUBLIC HEARING(S)
QUASI-JUDICIAL WARNING:
THE FOLLOWING MATTERS ARE CONSIDERED TO BE QUASI-JUDICIAL. PLEASE
REVIEW THE RESTRICTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF
THIS AGENDA.
10. A Resolution approving a special use to permit a fraternal organization/private
club at 6304 SW 78 Street. (Deferred 10-05-16) 4/5
(City Manager-Planning & Zoning)
P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
11. An Ordinance amending the Land Development Code, Article VI, Section 20-6.1,
and other applicable provisions, to define the term “less restrictive” as it applies
to the voting requirements of the City Commission. 3/5
(Vice Mayor Welsh)
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12. An Ordinance vacating and abandoning a portion of SW 82 Street more fully
described in a legal description set forth herein, subject to certain conditions,
including the preservation of an easement. (Deferred 10-05-16) 3/5
(City Manager-Planning & Zoning)
13. An Ordinance amending the Land Development Code, Article III, Sections 20-3.4
to add conditions to protect the health, safety and welfare of residential districts
and change the requirements for the special use approval of fraternal
organizations and private clubs and amend their parking requirements in section
20-3.3 of the LDC. 5/5
(Commissioner Harris)
Q. ORDINANCE(S) FIRST READING(S)
14. An Ordinance amending Section 20-6.1 of the City of South Miami Land
Development Code, to make corrections and to amend the membership and
quorum requirements for the Planning Board. 3/5
(City Manager-Planning & Zoning)
15. An Ordinance amending Chapter 2, Article I, Section 2-2.1 (B), (C) and (C) 1 and 2
of the City of South Miami Code of Ordinances, to modify the capitalization of
key words and to add requirements for Sunshine Meetings. 3/5
(Commissioner Harris)
16. An Ordinance amending the City of South Miami Land Development Article VI,
Section 20-6.1(B) (4) (a) iii to provide for a recommendation of the Planning
Board when the Board is deadlocked. 3/5
(City Attorney)
R. ADJOURNMENT
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 O1R ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT
AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW.
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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.”
WARNING REGARDING EX PARTE COMMUNICATIONS:
“EX PARTE COMMUNICATION” IS A WRITTEN OR VERBAL COMMUNICATION, BETWEEN AN ELECTED OR APPOINTED PUBLIC
OFFICIAL AND AN APPLICANT, HIS OR HER REPRESENTATIVES, A CITIZEN OR ANY OTHER PERSON CONCERNING THE SUBJECT
OF A PENDING QUASI-JUDICIAL HEARING BUT WHICH COMMUNICATION TAKES PLACE OUTSIDE OF THE HEARING AND
BEFORE FINAL ACTION ON THE MATTER. THE FLORIDA LEGISLATURE BY THE ADOPTION OF SECTION 286.0115(1), FLORIDA
STATUTES, HAS AUTHORIZED THE ADOPTION OF LOCAL ORDINANCES TO REMOVE THE PRESUMPTION OF PREJUDICE
CREATED BY EX PARTE COMMUNICATIONS IF CERTAIN PROCEDURES ARE FOLLOWED TO ENSURE THAT THE WRITTEN OR
VERBAL EXCHANGE IS MADE PUBLIC. IT IS DESIGNED TO REMOVE ANY PRESUMPTION OF PREJUDICE THAT WOULD
OTHERWISE RESULT IF THE COMMUNICATION WERE KEPT PRIVATE AND NOT DISCLOSED. EX PARTE COMMUNICATION
MUST BE PUBLICLY DISCLOSED PRIOR TO OR AT THE QUASI-JUDICIAL HEARING AT WHICH THE DECISION IS TO BE MADE IN
ORDER TO DISPEL THE PRESUMPTION OF PREJUDICE. ALMOST ALL COMMUNICATION THAT OCCURS OUTSIDE OF THE
QUASI-JUDICIAL HEARING IS CONSIDERED TO BE HEARSAY AND IS NOT COMPETENT EVIDENCE. NORMALLY, HEARSAY MAY
NOT FORM THE BASIS FOR MAKING ANY QUASI-JUDICIAL DECISIONS, BUT IT MAY BE USED TO SUPPORT OR EXPLAIN
COMPETENT EVIDENCE. ALL DECISIONS MADE AT A QUASI-JUDICIAL HEARING MUST BE BASED ON SUBSTANTIAL
COMPETENT EVIDENCE.
PURSUANT TO ORDINANCE §2-2.1, CITY CODE, THE SOUTH MIAMI CITY COMMISSION HAS ADOPTED THESE PROCEDURES TO DISPEL
THE PRESUMPTION OF PREJUDICE DUE TO EX-PARTE COMMUNICATIONS AS FOLLOWS:
1. THE ELECTED OR APPOINTED PUBLIC OFFICIAL SHALL DISCLOSE IN WRITING THE SUBJECT OF THE COMMUNICATION AND
THE IDENTITY OF THE PERSON, GROUP, OR ENTITY WITH WHOM THE COMMUNICATION TOOK PLACE, AS SOON AS
PRACTICABLE AFTER THE COMMUNICATION TAKES PLACE, WITH THE CITY CLERK AND MADE A PART OF THE RECORD AT THE
HEARING BEFORE FINAL ACTION ON THE MATTER.
2. A LOCAL PUBLIC OFFICIAL MAY READ A WRITTEN COMMUNICATION FROM ANY PERSON. ANY WRITTEN
COMMUNICATION THAT RELATES TO QUASI-JUDICIAL ACTION PENDING BEFORE A LOCAL PUBLIC OFFICIAL, SHALL NOT BE
PRESUMED PREJUDICIAL TO THE ACTION, PROVIDED SUCH WRITTEN COMMUNICATION IS DISCLOSED AND MADE A PART OF
THE RECORD BEFORE FINAL ACTION ON THE MATTER.
3. A LOCAL PUBLIC OFFICIAL MAY CONDUCT INVESTIGATIONS, MAKE SITE VISITS AND RECEIVE EXPERT OPINIONS
REGARDING QUASI-JUDICIAL ACTION PENDING OR IMPENDING BEFORE HIM OR HER PROVIDED THAT SUCH ACTIVITIES AND
THE EXISTENCE OF SUCH INVESTIGATIONS, SITE VISITS OR EXPERT OPINIONS IS MADE A PART OF THE RECORD BEFORE FINAL
ACTION IS TAKEN ON THE MATTER.
4. DISCLOSURE MADE PURSUANT TO PARAGRAPHS 1, 2 AND 3 ABOVE MUST BE MADE BEFORE OR DURING THE PUBLIC
MEETING AT WHICH A VOTE IS TAKEN ON SUCH MATTERS SO THAT PERSONS WHO HAVE OPINIONS CONTRARY TO THOSE
EXPRESSED IN THE EX PARTE COMMUNICATION ARE GIVEN A REASONABLE OPPORTUNITY TO REFUTE OR RESPOND TO THE
COMMUNICATION.
IT IS POSSIBLE THAT IF THE STATUTE OR ORDINANCE DISCUSSED ABOVE, OR A QUASI-JUDICIAL ACTION PENDING BEFORE THE
COMMISSION OR BOARD ARE CHALLENGED, THAT A COURT MIGHT FIND THAT, DESPITE THE ENACTMENT OF THESE PROCEDURES, THE
EX PARTE COMMUNICATIONS DID IN FACT CREATED A PRESUMPTION OF PREJUDICE, WHICH COULD RESULT IN THE ACTION TAKEN
BEING REVERSED. YOU THUS PROCEED AT YOUR OWN RISK IN ENGAGING IN SUCH COMMUNICATIONS, AND THEY ARE NOT
ENCOURAGED. THEY ARE, HOWEVER, THE POLICY OF THE LEGISLATURE AND CITY COMMISSION, AND UNTIL DETERMINED OTHERWISE
BY THE LEGISLATURE OR THE COURTS, ARE LEGALLY PERMITTED BUT NOT WITHOUT POSSIBLE ADVERSE LEGAL CONSEQUENCES TO
THE DETRIMENT OF THE CITY AND OTHER PARTIES.