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_agenda (2) 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 6, 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) Parks & Recreation: Upcoming events and Activities H. APPROVAL OF MINUTES a) Minutes of September 10, 2015 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 2 b) Minutes of September 15, 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 acknowledging Commissioner Liebman’s (Group Seat II) appointment of Larry Melow, as the representative of Group Seat II, to serve on the Planning Board, for a two-year term ending September 28, 2017. 3/5 (Commissioner Liebman) 2. A Resolution authorizing the City Manager to execute FY 2015 Community Development Block Grant agreement as well as loan documents and other documents required by the agreement with Miami-Dade County Public Housing and Community Development (PHCD) for the SW 64th Street Bike Lane and Street Improvements Project. 3/5 (City Manager) 3. A Resolution authorizing the City Manager to execute a Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT) for turf and landscape and irrigation. 3/5 (City Manager) 4. A Resolution authorizing the City Manager to enter into a contract with the Corradino Group for the creation of the Complete Streets Policy and Design Standards Manual. 3/5 (City Manager-Planning & Zoning) 5. A Resolution authorizing the City Manager to negotiate and to enter into a contract with LEGO Construction Co. for concession stand renovations at Palmer Park. 3/5 (City Manager-Parks & Recreation) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 6. A Resolution authorizing the City Manager to expend an amount not to exceed $40,000 for Miami-Dade Water & Sewer Department to cover the water and waste water invoicing for City Facilities, during FY 2015/2016. 3/5 (City Manager-Public Works) 7. A Resolution authorizing the City Manager to expend an amount not to exceed $114,000 for Florida Power and Light to cover the electrical invoicing for City Facilities, during FY 2015/2016. 3/5 (City Manager-Public Works) 8. A Resolution authorizing the City Manager to expend an amount not to exceed $106,000 for Florida Power and Light to cover the electrical invoicing for street lighting, during FY 2015/2016. 3/5 (City Manager-Public Works) 9. A Resolution authorizing the City Manager to purchase residential garbage containers from Rehrig Pacific Company. 3/5 (City Manager-Public Works) 10. A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc, Inc. for the construction of the Twin Lakes Roadway & Drainage Improvements- Area 1. 3/5 (City Manager-Public Works) 11. A Resolution declaring that the personal property, described in the attached list, is “surplus” and authorizing the City Manager to dispose of the “surplus” items. (City Manager-Central Services) 3/5 12. A Resolution authorizing the City Manager to execute a contract relating to Special Magistrate services; appointing Harold V. Hickey, Esquire, as Special Magistrate for the City of South Miami. 3/5 (City Manager) 13. A Resolution relating to budget; authorizing a transfer of $100,000 from City Managers General Contingency account, to Public Works Solid Waste Division Refuse Disposal Fee account. 3/5 (City Manager-Finance) 14. A Resolution of the City of South Miami, Florida, authorizing the re-allocation and use of the balance of the funds remaining, after the engagement of an economist relating to early cost recovery matters before the Public Service Commission, for the cost of an engineering expert witness in the same matter. (Mayor Stoddard) 3/5 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 N. RESOLUTION(S) 15. A Resolution authorizing the City Attorney to hire outside counsel to provide legal services in the area of land use, including services involving the purchase and sale of municipal property, the Land Development Code and the City's Comprehensive Plan. 3/5 (City Attorney) 16. A Resolution authorizing the City Manager to negotiate and enter into a contract with Marlin Engineering, Inc to complete engineering documents and for possible Sunset Drive Street Closures. 3/5 (City Manager-Public Works) 17. A Resolution waiving certain special event fees, and authorizing the City Manager to permit Chamber South to hold its 44th Annual South Miami Art Festival on November 7 and 8, 2015 in South Miami. 3/5 (City Manager-Parks & Recreation) 18. A Resolution instructing the City Manager and City Attorney to draft necessary ordinances amending the City’s Comprehensive Plan, Zoning Map, and Land Development Code to the minimum changes needed for the proposed Madison Square Project to qualify for 9% Tax Credit financing. 3/5 (Mayor Stoddard) 19. A Resolution directing the City Attorney to draft a Living Wage Ordinance for the City of South Miami modeled after the Miami-Dade County and City of Miami Beach ordinances. 3/5 (Mayor Stoddard) 20. A Resolution supporting the EPA’s Clean Power Plan rule as a way of significantly reducing greenhouse gas emissions that threaten the City and South Florida region through climate change and sea level rise and opposing any requests that the Clean Power Plan rule be stayed during any periods of legal challenge or litigation. 3/5 (Mayor Stoddard) 21. A Resolution authorizing the City Manager to execute fiscal year 2016 Florida Recreation Development Assistance Program (FRDAP) grant agreement with Florida Department of Environmental Protection for the Dante Fascell Park project. 3/5 (City Manager) 22. A Resolution authorizing the City Manager to execute fiscal year 2016 Florida Recreation Development Assistance Program (FRDAP) grant agreement with 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 5 Florida Department of Environmental Protection for the Palmer Park Improvements project. 3/5 (City Manager) O. RESOLUTION(S) PUBLIC HEARING(S) QUASI-JUDICIAL WARNING: 23. A Resolution approving an application for a variance for a new development located at 6201 Sunset Drive. 4/5 THE FOLLOWING MATTERS ARE 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. (City Manager-Planning & Zoning) 24. A Resolution approving a special exception to construct a 5 story Large Scale Development at 6201 Sunset Drive within the Transit Oriented Development District Mixed Use-5 "TODD MU-5" zoning district. (Deferred 9/01/15) 4/5 (City Manager-Planning & Zoning) P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) 25. An Ordinance amending Chapter 17, Article IV of the City Code entitled “Dangerous Intersection Safety”; providing for use of the traffic infraction detectors to promote compliance with red light signal directives consistent with general law of the State of Florida. 3/5 (City Attorney) Q. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S) 26. An Ordinance Adopting a Small Scale Amendment to the Future Land Use Map of the Comprehensive Plan, amending the designation of the Marshall Williamson property located at approximately SW 61st Court and SW 64th Terrace, from Single Family Residential - Two Story to Multifamily Residential – Four Story. 5/5 (Mayor Stoddard) 27. An Ordinance amending the Official Zoning Map as provided in the City of South Miami Land Development Code, Article III, “Zoning Regulations,” Section 20- 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 6 3.1(C), and other applicable provisions, amending the designation of the Marshall Williamson property located at approximately SW 61st Court and SW 64th Terrace, from Small Lot Single-Family Residential District RS-4 to Low Density Multi-Family Residential District RM-18. 5/5 (Mayor Stoddard) R. ORDINANCE(S) FIRST READING(S) 28. An ordinance adopting a 20-year water supply facilities work plan and amending the city’s comprehensive plan to strengthen coordination between water supply and local land use planning. 4/5 (City Manager-Planning & Zoning) S. 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 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 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 7 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.