_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
Walter A. Harris, Vice Mayor Maria M. Menendez, CMC
Bob Welsh, Commissioner City Clerk
Josh Liebman, Commissioner Thomas F. Pepe, Esq.
Gabriel Edmond, Commissioner City Attorney
CITY COMMISSION MEETING AGENDA
Tuesday, March 6, 2018, 7:00 PM
CITY HALL/COMMISSION CHAMBERS
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA
THE CITY OF SOUTH MIAMI 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
WHO MAKES SLANDEROUS OR INTENTIONALLY RUDE, UNCIVIL OR OTHERWISE IMPERTINENT REMARKS, AND WHO REFUSES OR FAILS
TO DESIST FROM MAKING SUCH REMARKS AFTER BEING INSTRUCTED TO DO SO, OR WHO SHALL BECOME BOISTEROUS IN THE
COMMISSION CHAMBER AND WHO REFUSES OR FAILS TO DESIST FROM SUCH CONDUCT AFTER BEING INSTRUCTED TO DO SO MAY BE
FORTHWITH REMOVED FROM THE PODIUM AND FROM CITY HALL FOR THE DURATION OF THAT MEETING AT THE DIRECTION OF THE
PRESIDING OFFICER, UNLESS OVERRULED BY A MAJORITY VOTE OF THE COMMISSION. NO CLAPPING, APPLAUDING, HECKLING, OR
VERBAL OUTBURSTS SHALL BE PERMITTED FOR ANY REASON, INCLUDING FOR THE PURPOSE OF SUPPORTING OR OPPOSING ANY
MATTER, ANY SPEAKER OR A SPEAKER’S REMARKS. NO SIGNS OR PLACARDS SHALL BE ALLOWED TO BE DISPLAYED IN ANY MANNER
OTHER THAN WHEN USED FROM THE PODIUM TO EXPRESS AN OPINION OR DISPLAY FACTS. SIGNS TO BE USED AT THE PODIUM
MUST BE BROUGHT INTO THE COMMISSION CHAMBERS IN A MANNER SO AS NOT TO UNNECESSARILY DISPLAY THEIR CONTENT
UNTIL THE SIGN IS BROUGHT TO THE PODIUM IMMEDIATELY BEFORE THE SIGN IS DISPLAYED FROM THE PODIUM IN THE
COMMISSION CHAMBER. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THE USE OF ACOUSTIC MOBILE
COMMUNICATION DEVICE, SUCH AS PHONES, IN THE COMMISSION CHAMBER IS NOT PERMITTED WHILE THE COMMISSIONIS IN
SESSION. PHONE RINGERS AND OTHER DEVICES THAT EMIT SOUND MUST BE SET TO SILENT MODE TO AVOID DISRUPTION OF
PROCEEDINGS. INDIVIDUALS MUST EXIT THE CHAMBER TO ANSWER INCOMING CALLS. NO CAMERA FLASH OPTIONS SHALL BE USED
BY THE PUBLIC DURING ANY PORTION OF THE MEETING EXCEPT DURING RECOGNITION AND AWARD CEREMONIES.”
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 February 14, 2018
b) Minutes of February 20, 2018
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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
L. BOARDS & COMMITTEES APPOINTMENTS, ETC.
a) Mark Lago, has been appointed by Commissioner Liebman to the Planning Board,
as per City Charter Art. II, Sec. 8 A, for a two-year term ending March 5, 2020.
b) Sandra Dimare-Vivar has been appointed by Commissioner Liebman to the
Environmental Review and Preservation Board, as per City Charter Art. II, Sec. 8 A,
for an unexpired term ending October 31, 2018.
c) Maximo Monterrey has been appointed by Commissioner Liebman to the Budget
and Finance Committee, as per City Charter Art. II, Sec. 8 A, for the FY 2017 -2018.
d) Jennifer K. Llorente, has been appointed by Vice Mayor Harris to the Budget &
Finance Committee, as per City Charter Art. II, Sec. 8 A, for the FY Budget 2017 -
2018.
M. COMMISSION REPORTS, DISCUSSION & REMARKS
N. CONSENT AGENDA
1. A Resolution of the City Commission, for the City of South Miami, appointing
Commissioner Luis J. Gil as the Commission’s liaison with the Miami-Dade
League of Cities. 3/5
(City Commission)
2. A Resolution authorizing Irish Times to host a Saint Patrick’s Day Celebration on
58th court from 72nd street to the alley way north of 73rd street. 3/5
(City Manager-Parks & Recreation)
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O. RESOLUTION(S)
3. A Resolution to draft and advertise a request for proposals for the position of
City Attorney. 3/5
(Mayor Stoddard)
4. A Resolution calling upon local governments to prohibit gun shows on
government property in Florida. 3/5
(Commissioner Liebman)
5. A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, authorizing the City Manager to join Sister Cities International and to
negotiate and enter into a Sister City Agreement with the Municipality of
Medellín, Colombia. 3/5
(Commissioner Liebman)
6. A Resolution authorizing the use of the City’s name at a special event supporting
the Never Again movement and the March for Our Lives and authorizing the City
Manager to provide financial and other support for the event. 3/5
(Vice Mayor Harris)
P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
7. An Ordinance amending Section 20-3.3(E) of the City of South Miami Land
Development Code permitting Outdoor Seating/Dining on all commercial
properties that are within the Hometown District Overlay Zone (HD). 5/5
(City Manager-Planning & Zoning)
8. An Ordinance amending the City's Land Development Code, Section 20-3.3(D)
and Section 20-7.12(A) and Section 20-3.4(B), regarding restaurant uses. 5/5
(City Manager-Planning & Zoning)
9. An Ordinance amending Section 20-2.3 (definitions) as well as Sections 20-3.1(B)
and 20-3.3(D) (relating to the purpose statement and uses permitted for the
Parks and Recreation zoning district) of the City’s Land Development Code. 5/5
(City Manager-Planning & Zoning)
Q. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)
10. An Ordinance amending the City of South Miami Comprehen sive Plan approving
the creation of the Downtown SoMi (DS) land use category in the Future Land
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Use Element for a Mixed-Use Project on The Shops at Sunset Place property and
as legally described herein. 3/5
(City Manager-Planning & Zoning)
11. An Ordinance providing for a Small-Scale Map Amendment amending the City of
South Miami Comprehensive Plan Future Land Use Plan Map from Mixed Use
Commercial Residential (Four-Story) to Downtown SoMi (DS) (195 feet) on a
9.68-acre property known as The Shops at Sunset Place and as legally described
herein. 3/5
(City Manager-Planning & Zoning)
12. An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the
City of South Miami Land Development Code creating ARTICLE XII. – Downtown
SoMi (DS) District Regulations; modifying Section 20-3.1 Zoning use districts and
purposes (A) and (B); modifying Section 20 -3.3(D) Permitted Use Schedule;
creating Section 20-3.3(F) Outdoor Seating/Dining Within the Downtown SoMi
(DS) Zoning District; modifying Section 20-3.5(B) and (C) Dimensional
requirements; creating Section 20-3.5(I) Dimensional Requirements Downtown
SoMi District; modifying Section 20-3.6 Supplemental regulations; modifying
Section 20-4.3 Sign regulations; modifying Section 20-4.5 Landscaping and tree
protection requirements for all zoning districts; modifying Section 20 -4.5.1 Tree
protection; modifying Section 20-5.11 Site plan review approvals; modifying
Section 20-6.1 Administrative entities in order to effectuate a Mixed-Use Project
on the Shops at Sunset Place property as legally described herein. 3/5
(City Manager-Planning & Zoning)
13. An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the
City of South Miami Land Development Code providing for a Map Amendment to
the City of South Miami Official Zoning Map from Specialty Retail (SR) to
Downtown SoMi (DS) on a 9.68-acre property known as The Shops at Sunset
Place and as legally described herein. 3/5
(City Manager-Planning & Zoning)
14. An Ordinance, pursuant to Section 20-5.7 and other applicable provisions of the
City of South Miami Land Development Code, providing for a Map Amendment
to the City of South Miami Official Zoning Map to remove the Hometown District
Overlay designation on a 9.68-acre property known as The Shops at Sunset Place.
(City Manager-Planning & Zoning) 3/5
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R. RESOLUTION(S) PUBLIC HEARING(S)
QUASI-JUDICIAL WARNING:
THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL. PLEASE
REVIEW THE RESTIRCTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF
THIS AGENDA.
15. A Resolution pursuant to new ARTICLE XII Downtown SoMi District Regulations
and ARTICLE V Procedures and Applications and other applicable provisions of
the City of South Miami Land Development Code approving a request by FRIT
Shops at Sunset Place Fee Owner, LLC for Site Plan approval for a Mixed -Use
Project consisting of Retail, Office, Residential and Hotel components on The
Shops at Sunset Place property as legally described herein. 3/5
(City Manager-Planning & Zoning)
S. ORDINANCE(S) FIRST READING(S)
(NONE)
T. 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.
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.”
QUASI-JUDICIAL WARNING FOR CITY COMMISSION MEMBERS:
ANY AGENDA ITEM THAT HAS A QUASI-JUDICIAL WARNING IS CONSIDERED TO BE A QUASI-JUDICIAL MATTER. MEMBERS OF
THE CITY COMMISSION MAY NOT HAVE ANY VERBAL COMMUNICATION WITH ANYONE, OTHER THAN AT THE MEETING
SCHEDULED TO RESOLVE THE MATTER, UNTIL THE MATTER IS RESOLVED AT A PUBLIC MEETING AND THE MEETING IS
ADJOURNED. YOU ARE PROHIBITED FROM MAKING ANY INDEPENDENT INVESTIGATION OF THIS MATTER OTHER THAN A
SITE VISIT OR MAKING WRITTEN REQUESTS FOR INFORMATION FROM CITY EMPLOYEES AND RECEIVING WRITTEN
RESPONSES FROM THEM IN THEIR OFFICIAL CAPACITY. ALL WRITTEN REQUESTS FOR INFORMATION AND RESPONSES
THERETO MUST BE FILED WITH THE CLERK AND A COPY MUST ALSO BE SENT TO THE PLANNING AND ZONING DIRECTOR IF
THE MATTER INVOLVES A LAND RELATED ISSUE. YOU MAY NOT HAVE ANY VERBAL COMMUNICATION WITH CITY
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EMPLOYEES REGARDING THIS MATTER. YOU MAY NOT ENTER ONTO SOMEONE’S PROPERTY WITHOUT THEIR PERMISSION.
FURTHERMORE, YOU MAY NOT DISCUSS THE MATTER WITH THE PROPERTY OWNER OR ANYONE ELSE, INCLUDING
NEIGHBORS. YOU MUST, IN WRITING, ADVISE THE CLERK OF THE DATE AND TIME OF YOUR SITE VISIT AND, IF THIS MATTER
INVOLVES LAND USE, YOU MUST ALSO SEND A COPY TO THE PLANNING AND ZONING DIRECTOR. ALL INFORMATION THAT
YOU OBTAIN ON THIS MATTER, OTHER THAN YOUR PERSONAL OBSERVATIONS AT A SITE VISIT AND WRITTEN INFORMATION
PROVIDED BY STAFF, MUST BE PRESENTED TO YOU AT THE DULY NOTICED PUBLIC MEETING DURING WHICH THE APPLICANT
SHALL BE GIVEN AN OPPORTUNITY TO PRESENT THE APPLICATION AND ANY EVIDENCE IN SUPPORT OF THE APPLICATION. IF
THERE IS A BREAK IN THE MEETING, YOU MAY NOT ALLOW OTHERS TO SPEAK TO YOU ABOUT THE MATTER OR ALLOW THEM
TO PROVIDE YOU WITH ANY INFORMATION ABOUT THE MATTER. IF THE MATTER REQUIRES MORE THAN ONE HEARING,
YOU MAY NOT DISCUSS THE MATTER WITH ANYONE, UNTIL THE MATTER IS RESOLVED BY A FINAL WRITTEN RESOLUTION
OR, IF APPLICABLE, ORDINANCE, AND, EVEN THEN, NOT UNTIL THE MEETING IS ADJOURED. IF YOU RECEIVE AN EMAIL OR
ANY WRITTEN OR PRINTED INFORMATION ABOUT THE MATTER BEFORE THE ADJOURNMENT OF THE HEARING AT WHICH A
FINAL DECISION IS MADE FROM ANYONE OTHER THAN CITY EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITY, YOU MAY
READ IT BUT YOU ARE NOT ALLOWED TO RESPOND TO IT AND YOU ARE REQUIRED TO IMMEDIATELY PROVIDE A COPY OF
ANY WRITTEN COMMUNICATION OR DOCUMENT YOU RECEIVE CONCERNING THIS MATTER TO THE CITY CLERK, AND A COPY
MUST ALSO BE SENT TO THE PLANNING AND ZONING DIRECTOR IF THE MATTER INVOLVES A LAND RELATED ISSUE. IN
ADDITION, IF YOU RECEIVE ANY VERBAL, OR WRITTEN COMMUNICATION (OTHER THAN WHAT HAS ALREADY BEEN
DELIVERED TO THE CLERK AND THE PLANNING AND ZONING DIRECTOR) YOU ARE REQUIRED TO DISCLOSE IT AT THE PUBLIC
MEETING AND, IF IT WAS VERBAL, YOU ARE REQUIRED TO WRITE A MEMORANDUM THAT INCLUDES THE INFORMATION
RECEIVED AND THE NAME AND ADDRESS OF THE PERSON PROVIDING THE INFORMATION, AS WELL AS THE DATE, TIME AND
PLACE WHERE THE COMMUNICATION TOOK PLACE. THIS DOCUMENT MUST BE DELIVERED AS SOON THEREAFTER AS
POSSIBLE TO THE CITY CLERK, AND IF APPLICABLE TO A LAND RELATED ISSUE, A COPY MUST ALSO BE DELIVERED TO THE
PLANNING AND ZONING DIRECTOR.
WARNING REGARDING EX PARTE COMMUNICATIONS:
“EX PARTE COMMUNICATIONS” ARE WRITTEN OR VERBAL EXCHANGES BETWEEN AN ELECTED OR APPOINTED PUBLIC
OFFICIAL, AND AN APPLICANT, HIS OR HER REPRESENTATIVES, OR A CITIZEN OR OTHER THIRD-PARTY OUTSIDE OF THE
PUBLIC QUASI-JUDICIAL HEARING WHICH IS THE SUBJECT OF THE EXCHANGE. THE FLORIDA LEGISLATURE BY THE ADOPTION
OF SECTION 286.0115(1), FLORIDA STATUTES, HAS AUTHORIZED THE ADOPTION OF LOCAL ORDINANCES ALLOWING EX
PARTE COMMUNICATIONS IF CERTAIN PROCEDURES ARE FOLLOWED TO ENSURE THAT THE WRITTEN OR VERBAL EXCHANGE
IS MADE PUBLIC, WHICH IS DESIGNED TO REMOVE ANY PRESUMPTION OF PREJUDICE THAT WOULD OTHERWISE RESULT IF
THE EXCHANGE WERE KEPT PRIVATE AND NOT DISCLOSED. EX PARTE COMMUNICATIONS MUST BE PUBLICLY DISCLOSED
PRIOR TO OR AT THE QUASI-JUDICIAL HEARING AT WHICH THE DECISION IS TO BE MADE. ALL DECISIONS MADE AT A QUASI-
JUDICIAL HEARING MUST BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE. VERBAL EX PARTE COMMUNICATIONS ARE
HEARSAY, ARE NOT COMPETENT EVIDENCE, AND MAY NOT FORM THE SOLE BASIS FOR MAKING ANY QUASI-JUDICIAL
DECISIONS, BUT THEY MAY BE USED TO SUPPORT OR EXPLAIN OTHER COMPETENT EVIDENCE.
PURSUANT TO ORDINANCE §2-2.1, CITY CODE, THE SOUTH MIAMI CITY COMMISSION HAS ADOPTED THESE PROCEDURES TO
ALLOW THE USE OF 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.
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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 NEITHER THE LEGISLATURE NOR THE CITY
COMMISSION HAD AUTHORITY TO ENACT THESE PROCEDURES CONCERNING EX PARTE COMMUNICATIONS, 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.