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04-22-08 AgendaSouth Miami Aft AmedcaCftp 1 I Im' soot MAYOR Horace G. Feliu CITY MANAGER: Ajibola Balogun VICE MAYOR: Brian D. Beasley CITY ATTORNEY: Luis Figueredo COMMISSIONER: Randy G. Wiscombe CITY CLERK: Maria M. Menendez COMMISSIONER: Velma Palmer COMMISSIONER: Jay Beckman CITY COMMISSION AGENDA City Commission Meeting Meeting date: April 22, 2008 Next Regular Meeting date: May 6, 2008 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi - judicial and administrative action. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Lobbyists addressing the City Commission tonight must have been registered with the City Clerk as indicated above: E. Presentation(s) 7:00 p.m. 1) David Tucker Sr. recognition 2) South Miami High School - Varsity Boys' Basketball Team - District 15 -6A Champions. 3) Miami -Dade County Parks and Open Space System Master Plan REGULAR CITY COMMISSION 1 AGENDA - April 22, 2008 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of April 1, 2008 2. City Manager's Report 3. City Attorney's Report PUBLIC REMARKS (5 minutes) CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROPOSED AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.310 (b) (2) ; ELECTING TO OPPOSE THE AMENDED RULE AND SUBMIT WRITTEN COMMENTS; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION RELATING TO PROPOSED AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.310(b)(2); ELECTING TO OPPOSE THE AMENDED RULE AND SUBMIT WRITTEN COMMENTS) 3/5 (City Attorney) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE TO PROMOTE THE CITY OF SOUTH MIAMI JULY 4 CELEBRATION TO BE HELD AT PALMER PARK ON JULY 4, 2008; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION TO PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DR TO PROMOTE THE CITY OF SO MIAMI JULY 4TH; CELEBRATION TO BE HELD AT PALMER PARK ON JULY 4, 2008) (City Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,, SUPPORTING AND ENDORSING THE SOUTH FLORIDA PARKS COALITION CHARTER AND THE PRINCIPLES ON WHICH IT STANDS; AND PROVIDING AN EFFECTIVE DATE. .3/5 (A RESOLUTION SUPPORTING AND ENDORSING THE SOUTH FLORIDA PARKS COALITION CHARTER AND THE PRINCIPLES ON WHICH IT STANDS) City Manager) REGULAR CITY COMMISSION 2 AGENDA - April 22, 2008 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ZONING; ESTABLISHING A THREE MONTH TEMPORARY MORATORIUM ON THE APPROVAL OF OUTDOOR DINING PERMITS UNDER 20 -3.3 OR 20- 7.29 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE; PROVIDING EXCEPTIONS; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Deferred 4101108) (A RESOLUTION ESTABLISHING A 3 -MO TEMPORARY MORATORIUM ON THE APPROVAL OF OUTDOOR DINING PERMITS UNDER THE LDC; PROVIDING EXCEPTIONS) (Commissioner Wiscombe) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PAYMENT TO THE TRUST FOR PUBLIC LAND FOR PROFESSIONAL SERVICES RENDERED IN CONNECTION WITH THE ACQUISITION OF THE DISON PROPERTY IN THE AMOUNT OF $8,655.00, WHICH SHALL BE CHARGED TO GRANT ACCOUNT NUMBER 106 - 2063 - 572 -6110 AND 001 - 2100 - 519 -9925; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE PAYMENT TO THE TRUST FOR PUBLIC LAND FOR PROFESSIONAL SERVICES RENDERED IN CONNECTION WITH THE ACQUISITION OF THE DISON PROPERTY, IN THE AMT OF $8,655, CHARGED TO THE GRANT ACCTS W /CURRENT BALS$200,000 AND $50,000 RESPECTIVELY) (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, RELATING TO SPECIAL MASTER SERVICES; RE- APPOINTING ENRIQUE ZAMORA, ESQ. AS SPECIAL MASTER FOR THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED TO EXPENSE ACCOUNT #001.1640.524.3111 ENTITLED "CODE ENFORCEMENT PROFESSIONAL SERVICES - SPECIAL MASTERS" TO BE FUNDED THROUGH THE REVENUE COLLECTION ACCOUNT TITLED "CODE ENFORCEMENT FINES REVENUE ACCOUNT" - 001.0000.341.9040; AND PROVIDING FOR AN EFFECTIVE DATE. (A RESOLUTION RE- APPOINTING ENRIQUE ZAMORA, ESQ. AS SPECIAL MASTER FOR A ONE -YEAR TERM; EXPENSES TO BE CHARGED TO THE CODE ENFORCEMENT PROFESSIONAL SERVICES ACCT W /CURRENT BAL$81,750.83) (City Manager) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING DOUG BAKER, TO SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING APRIL 21, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING DOUG BAKER TO SERVE ON THE PENSION BD FOR A 2- YR TERM ENDING APRIL 21, 2010) (Mayor Feliu) REGULAR CITY COMMISSION 3 AGENDA - April 22, 2008 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING PETER ISERN TO SERVE ON THE PENSION BOARD FOR A TERM ENDING APRIL 21, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING PETER ISERN TO SERVE ON THE PENSION BD FOR A 2- YR TERM ENDING APRIL 21, 2010) (Mayor Feliu) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; REAPPOINTING BRADLEY CASSEL TO SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING APRIL 21, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING BRADLEY CASSEL TO SERVE ON THE PENSION BD FOR A 2 -YR TERM ENDING APRIL 21, 2010) (Mayor Feliu) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ROXANNE SCALIA TO SERVE ON THE PENSION BOARD FOR AN UNEXPIRED TERM ENDING NOVEMBER 27, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING ROXANNE SCALIA TO SERVE ON THE PENSION BD FOR AN UNEXPIRED TERM ENDING NOV 27, 2008) (Mayor Feliu) 14 A RESOLUTION OF THE MAYOR AND CITY OF SOUTH MIAMI, FLORIDA, COMMITTEES; APPOINTING PLANNING BOARD FOR A TERM OF TWO 2010; AND PROVIDING AN EFFECTIVE (A RESOLUTION APPOINTING TO 2 -YR TERM ENDING APRIL 21, 2010) CITY COMMISSION OF RELATING TO BOARDS TO SERVE ON YEARS, ENDING APRIL DATE. SERVE ON THE PLANNING BD (Mayor Feliu) THE AND THE 21, 3/5 FOR A 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ANNA PRICE TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR, ENDING APRIL 21, 2009; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPOINTING ANNA PRICE TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A 1 -YR TERM ENDING APRIL 21, 2009) 3/5 (Mayor Feliu) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING JANET LAUNCELOTT TO SERVE ON THE REGULAR CITY COMMISSION 4 AGENDA - April 22, 2008 CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR, ENDING APRIL 21, 2009; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPOINTING JANET LAUNCELOTT TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A 1 -YR TERM ENDING APRIL 21, 2009) 3/5 (Mayor Feliu) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING MARY SCOTT RUSSELL TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR, ENDING APRIL 21, 2009; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPOINTING MARY SCOTT RUSSELL TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A 1 -YR TERM ENDING APRIL 21, 2009) 3/5 (Mayor Feliu) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING RICHARD NAZARETH II TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR, ENDING APRIL 21, 2009; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPOINTING RICHARD NAZARETH TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A 1 -YR TERM ENDING APRIL 21, 2009) 3/5 (Mayor Feliu) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING SIMON CODRINGTON, JR. TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR, ENDING APRIL 21, 2009; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION APPOINTING SIMON CODRINGTON TO SERVE ON THE CHARTER REVIEW COMMITTEE FOR A 1 -YR TERM ENDING APRIL 21, 2009) 3/5 (Mayor Feliu) RESOLUTION (S) 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CALLING ON THE MIAMI -DADE BOARD OF COUNTY COMMISSIONERS TO OPPOSE ANY EXTENTION TO THE URBAN DEVELOPMENT BOUNDARY AT THE PRESENT TIME, TO ENCOURAGE INFILL DEVELOPMENT AND ADHERANCE TO THE COUNTY DEVELOPMENT MASTER PLAN AS CURRENTLY ADOPTED, INCLUDING THE ADOPTED 2003 EAVALUATION AND APPRAISAL REPORT; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION TO OPPOSE ANY EXTENTION TO THE URBAN DEVELOPMENT BOUNDARY AND TO ADHERE TO THE COUNTY DEVELOPMENT MASTER PLAN AS CURRENTLY ADOPTED, INCLUDING THE ADOPTED 2003 EAR) (Mayor Feliu) REGULAR CITY COMMISSION 5 AGENDA - April 22, 2008 EMERGENCY ORDINANCE (ONLY ONE READING REQUIRED) Charter, Art. II, Sec. 6, B (3) 21. AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE AMENDING FOR A PERIOD OF 30 DAYS REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD) AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR /FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN OTHER PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING THE CITY'S PLANNING BOARD TO MAKE FINAL RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT A PROPOSED ORDINANCE MAKING PERMANENT THE SUSPENDED AND MODIFIED PROVISIONS SET FORTH IN THIS ORDINANCE; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (Commissioner Beckman) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (NONE) ORDINANCE (S) THIRD READING PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING PUBLIC HEARINGS) 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL REGULAR CITY COMMISSION 6 AGENDA - April 22, 2008 COORDINATION; AND CAPITAL IMPROVEMENTS;; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -3. 4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72nd STREET WITHIN THE "SR (HD -OV) " SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING .DISTRICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72nd ST) (City Manager) 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A HANGING SIGN .IN THE FIRST FLOOR ARCADE OF A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING) ; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR THE INSTALLATION OF A HANGING SIGN IN THE FIRST FLOOR ARCADE OF A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DR) (City Manager) 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A WALL /FLAT SIGN ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING), PROVIDING AN EFFECTIVE DATE. (A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR THE INSTALLATION OF A WALL /FLAT SIGN ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DR) 3/5 (City Manager) 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE REPLACEMENT OF FRONT FACrADE WINDOWS AND DOORS ON A REGULAR CITY COMMISSION 7 AGENDA - April 22, 2008 DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5712 SUNSET DRIVE (CROSSROADS BUILDING); PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR THE REPLACEMENT OF FRONT FACADE WINDOWS AND DOORS ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5712 SUNSET DR) (City Manager) ORDINANCE (S) FIRST READING 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY CREATING SECTION 7 -16 "PRE- CONSTRUCTION AND CONSTRUCTION STANDARDS FOR SITES;" REQUIRING CONSTRUCTION SITES TO BE KEPT IN A CLEAN AND ORDERLY CONDITION; REQUIRING THE INSTALLATION OF A CHAIN LINK FENCE PRIOR TO CONSTRUCTION ALONG THE BORDERS OF THE SITE; AND TO PROVIDE DETAILED PROCEDURES FOR OBTAINING FENCE PERMIT PRIOR TO CONSTRUCTION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. (Deferred 4101108) 3/5 (Commissioner Wiscombe) 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY MODIFYING SECTION 7- 15.2 "DEMOLITION REQUIREMENT STANDARDS" TO PROVIDE ADDITIONAL CLARITY AS TO PROCEDURES FOR OBTAINING FENCE PERMIT PRIOR TO DEMOLITION AND CONSTRUCTION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. (Deferred 4101108) 3/5 (Commissioner Wiscombe) 29. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; REMOVING FROM THE LAND DEVELOPMENT CODE SECTION 20- 4.4(G) ENTITLED "JOINT USE SPACES VIA SPECIAL PARKING PERMIT "; REMOVING FROM THE LAND DEVELOPMENT CODE SECTION 20- 4.4(H) ENTITLED "METRO -RAIL USAGE CONSIDERATION VIA SPECIAL PARKING PERMIT "; AMENDING SECTION 20 -7.6 ENTITLED "PARKING" IN ORDER TO MODIFY REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE "SR(HD -0V)11 SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AMENDING SECTION 20 -8.10 ENTITLED "BONUS ALLOCATIONS" IN ORDER TO ELIMINATE PARKING REDUCTIONS AND PARKING BONUSES FOR REGULAR CITY COMMISSION 8 AGENDA - April 22, 2008 DEVELOPMENT IN THE "TODD "TRANSIT ORIENTED DEVELOPMENT DISTRICT ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (Commissioner Beckman) 3/5 30. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2 -2.1 (H) AND (J) ESTABLISHING PROCEDURES FOR PUBLIC COMMENTS IN ORDER FACILITATE AN ORDERLY PROCESS IN MANAGING PUBLIC COMMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) 31. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN ORDER TO ADD A SUBSECTION (H) PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; AMENDING SECTION 20-6.1(B) (3) (h) IN ORDER TO REMOVE THE EXISTING GUIDELINE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) 32. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A TEA ROOM FACILITY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 33. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A PHYSICAL FITNESS FACILITY AS A SPECIAL USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (City Manager) 3/5 REGULAR CITY COMMISSION 9 AGENDA - April 22, 2008 THE 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 ComdISSION. " COMMISSION REMARKS PURSUANT TO FLA STATUTES 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 PROCEEDINGS 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. REGULAR CITY COMMISSION 10 AGENDA - April 22, 2008