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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 Steven J. Alexander Philip K. Stoddard, Ph.D, Mayor City Manager Walter 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, APRIL 15, 2014, 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) Cherry Bekaert LLP presentation of the City’s Comprehensive Annual Financial Report (CAFR) for FY 2013 b) Earth Month: Miami-Dade County Presentation H. APPROVAL OF MINUTES a) Minutes of April 1, 2014 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.] 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 2 K. PUBLIC REMARKS L. COMMISSION REPORTS, DISCUSSION & REMARKS M. CONSENT AGENDA 1. A Resolution appointing Joy Klein to serve on the Citizens Advisory Group (Urban Landscape) for a two-year term ending April 14, 2016. 3/5 (City Commission) 2. A Resolution urging the Florida Legislature to enact, during the 2014 session a statewide wage theft law modeled after the Miami-Dade County, Broward County, and Alachua County Wage Theft Ordinances. 3/5 (City Commission) 3. A Resolution directing the City Manager and the South Miami Police Department to create regulations for the procurement of firearms, ammunition, and firearm accessories from responsible manufacturers, distributors, and retailers. 3/5 (City Commission) 4. A Resolution endorsing the GreenLink proposal for creating a 10-mile linear park along the MetroRail corridor. 3/5 (Mayor Stoddard) 5. A Resolution authorizing the City Manager to expend an amount not to exceed $10,500.00 to Miami Grandstand for the purchase of park bleachers at Palmer Park. 3/5 (City Manager-Parks & Recreation) 6. A Resolution authorizing the City Manager to enter into a contract with McCourt Construction Inc. to resurface two outdoor basketball courts at Murray Park. (City Manager-Parks & Recreation) 3/5 7. A Resolution authorizing the City Manager to enter into a contract with Davco Electrical Contractors Corp to repair athletic/sports field lighting at three (3) City parks. 3/5 (City Manager-Parks & Recreation) 8. A Resolution authorizing the City Manager to purchase eight (8) laptop computers for the South Miami Police Department and funded by grants. 3/5 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 (City Manager-Police) 9. A Resolution authorizing the City Manager to enter into a contract with Harrison Uniforms Co. to purchase police uniforms and equipment. 3/5 (City Manager-Police) 10. A Resolution authorizing the City Manager to execute Amendment Two to agreement for the Marshall Williamson Park Improvement Project with Miami- Dade County to extend the expiration date to December 31, 2014. 3/5 (City Manager-Finance/Grants) 11. A Resolution authorizing the City Manager to execute a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for turf and landscape maintenance funding in the amount of $3,980.00. 3/5 (City Manager-Public Works) 12. A Resolution authorizing the City Manager to enter into a contract with Maggolc, Inc. for the Dorn Avenue Drainage Improvements. 3/5 (City Manager-Public Works) N. RESOLUTION(S) 13. A Resolution authorizing the City Manager to execute a settlement agreement between The Young Men’s Christian Association of Greater Miami, Inc. and the City of South Miami. 3/5 (City Attorney) 14. A Resolution relating to the review and acceptance of the Annual Report of the RRC 57th Avenue LLC [Red Road Commons]. (Deferred 3/04/14) 3/5 (City Manager-Planning & Zoning) 15. A Resolution authorizing the City Manager to enter into an Interlocal Agreement with Miami-Dade County for IT maintenance and support services for an annual amount of $165,500. 3/5 (City Manager) QUASI-JUDICIAL WARNING: THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL AND YOU MAY NOT HAVE ANY VERBAL COMMUNICATION WITH ANYONE UNTIL THE QUASI-JUDICIAL MATTER IS RESOLVED, AND THE MEETING AT WHICH IT IS 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 HEARD IS ADJOURNED. IN ADDITION, THERE ARE OTHER RESTIRCTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA. 16. A Resolution relating to a request for an extension of time for issuance of permits for a Special Use that was previously approved by Resolution No. 166- 13-13984, to locate a general restaurant at 5864 Sunset Drive. 4/5 (City Manager-Planning & Zoning) O. RESOLUTION(S) PUBLIC HEARING(S) 17. A Resolution authorizing the City Manager to sign a three year contract with Thomas F. Pepe, Esquire, to provide legal services as the City Attorney for the City of South Miami. 3/5 (City Attorney) P. ORDINANCE(S) THIRD READING(S) PUBLIC HEARING(S) Q. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) QUASI-JUDICIAL WARNING: THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL AND YOU MAY NOT HAVE ANY VERBAL COMMUNICATION WITH ANYONE UNTIL THE QUASI-JUDICIAL MATTER IS RESOLVED, AND THE MEETING AT WHICH IT IS HEARD IS ADJOURNED. IN ADDITION, THERE ARE OTHER RESTIRCTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA. 18. An Ordinance related to a request for a zoning map amendment to the City of South Miami official zoning map, to re-zone the Agency owned property assemblage referred to as the Marshall Williamson properties, folio numbers 09- 4025-000-0850; 09-4025-000-0852; and 09-4025-065-0090, from a current zoning designation of "RS-4" (Single-Family) to the "RM-18" (Low Density Multi- Family Residential) to allow for additional residential dwelling units within the Madison Square Mixed-Use Development Project. 5/5 (City Attorney-SMCRA) 19. An ordinance amending City of South Miami Code of Ordinances section 2-22, term limits of board and committee members. 3/5 (Vice Mayor Harris) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 5 20. An Ordinance creating Article IV of Chapter 18, and creating Section 18-27 which shall provide for an additional $50,000 tax exemption for City of South Miami low-income senior citizens. 3/5 (Vice Mayor Harris) R. ORDINANCE(S) FIRST READING 21. An Ordinance amending Section 20-3.3(E) of the City of South Miami Land Development Code concerning outdoor seating and dining requirements for all commercial properties, except for properties in the RO - Residential Office zoning district. 3/5 (City Manager-Planning & Zoning) S. ADJOURNMENT 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 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.” 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 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 6 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.