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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, MARCH 3, 2015, 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 a) Certificate(s) of Appreciation b) History of South Miami by Pam Lahiff 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 2 H. APPROVAL OF MINUTES a) Minutes of February 17, 2015 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. COMMISSION REPORTS, DISCUSSION & REMARKS M. CONSENT AGENDA 1. A Resolution authorizing the City Manager to negotiate and to enter into an agreement with Leadex Corporation for VCT Vinyl Commercial Tile Floor at the Gibson-Bethel Community Center. 3/5 (City Manager-Parks & Recreation) 2. A Resolution authorizing the City Manager to enter into a contract with Leadex Corporation, to remodel the communications area of the Police Department. 3/5 (City Manager-Police) 3. A Resolution acknowledging Vice Mayor Harris’ (Group Seat IV) appointment of Sally Philips, as the representative of Group Seat IV, to serve on the Board of Trustees/Police Officers Retirement Trust Fund, for a two-year term ending March 2, 2017. 3/5 (Vice Mayor Harris) 4. A Resolution authorizing the City Manager to adopt the South Miami Intermodal Transportation Plan. 3/5 (City Manager) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 5. A Resolution authorizing the City Manager to enter into an agreement with Bicycle Action Committee (“BAC”) to use the South Miami City logo on bicycle clothing to be sold by BAC. 3/5 (City Manager) N. RESOLUTION(S) 6. A Resolution of the City of South Miami supporting Senate Bill 378 (2015) to expand law enforcement officers’ ability to give a warning, inform the parents/guardian or issue civil citations for a diversion program to juveniles in lieu of arrest. 3/5 (Commissioner Welsh) 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. 7. A Resolution of the City of South Miami, Florida amending its approval of the plat of Davis Oaks, being a re-plat of a portion of tract 8 of “revised plat of a portion of the amended plat of Palm Miami Heights” recorded in Plat Book 43, Page 37, Miami-Dade County, Florida. 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. 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 8. A Resolution approving an application for variances for a new two-unit residential structure located at 6031 SW 76 Street, South Miami, Florida, within the RM-18 zoning district. 4/5 (City Manager-Planning & Zoning) P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) 9. An Ordinance amending Section 20-4.4(B), Section 20-8.8(C) and Section 20- 7.12(C) of the City of South Miami’s Land Development Code to delineate the types of uses being regulated and to modify parking requirements in multi-unit residential rental properties. 5/5 (Mayor Stoddard) 10. An Ordinance of the City of South Miami, Florida, abandoning and vacating a portion of the unimproved right-of-way of SW 60 Avenue located between SW 79 Street and SW 80 Street, which was previously abandoned and vacated by Resolution 81-05-12060, ratifying the action taken by Resolution 81-05-12060 and amending the conditions of vacation originally adopted in such resolution. (Commissioner Welsh) 3/5 Q. ORDINANCE(S) FIRST READING 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 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 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 5 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 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.