_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, OCTOBER 7, 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
H. APPROVAL OF MINUTES
a) Minutes of September 9, 2014 (First Budget Hearing)
b) Minutes of September 16 , 2014
c) Minutes of September 23, 2014 (Final Budget Hearing)
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 authorizing the City Manager to execute FY 2014 Community
Development Block Grant agreement with Miami-Dade County Public Housing
and Community Development (PHCD) for the Murray Park Multi-Purpose Field
Project in the amount of $55,000. 3/5
(City Manager-Finance-Grants)
2. A Resolution authorizing the City Manager to execute FY 2015 Metropolitan
Planning Organization (MPO) Grant agreement with Miami-Dade County for the
Pedestrian Safety and Mobility Infrastructure Improvements (Complete Streets
Policy) in the amount not to exceed $40,000. 3/5
(City Manager-Finance-Grants)
3. A Resolution authorizing the City Manager to execute FY 2015 grant agreement
with Florida Department of Environmental Protection for Twin Lakes Drainage
Project in the amount of $100,000. 3/5
(City Manager-Finance-Grants)
N. RESOLUTION(S)
4. A Resolution waiving certain special event fees, and authorizing the City
Manager to permit Chamber South to hold its 43rd Annual South Miami Art
Festival on November 1 & 2, 2014, in South Miami. 3/5
(City Manager)
5. A Resolution of the City of South Miami supporting the Friends of the Ludlam
Trail in the implementation of the Ludlam Trail, a six (6) mile linear park along
the former FECI rail tracks, requesting Florida East Coast, Inc. to temporarily
withdraw its application to amend the County Development Master Plan, and
directing the City Clerk to transmit a copy of this resolution to the designated
officials herein. 3/5
(Mayor Stoddard)
6. A Resolution opposing the Miami-Dade County Comprehensive Development
Master Plan change requested by FECI for the Ludlam Trail rail corridor. 3/5
(Mayor Stoddard)
7. A Resolution requesting Florida Power & Light Company to contribute to the cost
of the development of the "Underline” Master Plan and to underground its
transmission line in the area of the Underline. 3/5
6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3
(Mayor Stoddard & Commissioner Liebman)
8. A Resolution of the City of South Miami to encourage Florida Power & Light
Company (“FPL”), the Public Service Commission and the state legislature to give
electrical utility customers a larger percentage for their net metering credit if the
customers contribute their excess electricity to a non-profit charity. 3/5
(Mayor Stoddard & Commissioner Liebman)
9. A Resolution instructing the Planning Board to review and make
recommendations for the land use and zoning of 7 lots that are west of Mount
Olive Missionary Baptist Church of South Miami Inc. 3/5
(Commissioner Welsh)
O. RESOLUTION(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.
10. A Resolution of the City of South Miami concerning the approval of a waiver of
plat as to the property at 5980 SW 80th Street, South Miami, Florida, that would
create two conforming platted lots. 3/5
(City Manager-Planning & Zoning)
P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
Q. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)
11. An Ordinance of the City of South Miami, Florida, authorizing a Franchise
Agreement with Miami-Dade County to provide County Solid Waste
Management Services. 4/5
(City Manager-Public Works)
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R. ORDINANCE(S) FIRST READING
12. An Ordinance amending Chapter 2, Article I, Sec. 2-2.1 (K), titled "Decorum" of
the City of South Miami’s Code of Ordinances. 3/5
(Mayor Stoddard)
13. An Ordinance amending 20-6.1(A)(3)(a) (i), (ii) and (iii) of the land development
code to reduce the number of votes required to pass, on first reading,
ordinances and resolutions that require two readings. 3/5
(City Attorney)
14. An Ordinance of City of South Miami adding section 20-5.10 “conditional use
permit” to the City’s Land Development Code and amending Section 20-4.4
(f)(2)(a) & (b) of off-street parking requirements to provide for granting of a
parking permit through a conditional use permit process. 5/5
(Commissioner Welsh)
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 5
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.