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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 Bob Welsh, Vice Mayor Maria M. Menendez, CMC Walter A. Harris, Commissioner City Clerk Josh Liebman, Commissioner Thomas F. Pepe, Esq. Gabriel Edmond, Commissioner City Attorney CITY COMMISSION MEETING AGENDA Tuesday, August 2, 2016, 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) Sgt Guzman Retirement b) “Rotary Club of South Miami District” by Mr. Basu 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 2 H. APPROVAL OF MINUTES a) Minutes of July 19, 2016 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 a temporary change in the permitted hours of construction operations of Florida Power & Light (FPL) to perform work on SW 62 Avenue, between SW 70th Street and South Dixie Highway. 3/5 (City Manager-Public Works) 2. A Resolution authorizing the City Manager to execute Amendment Two to the fiscal year 2015 grant agreement with Miami-Dade County for the South Miami After School Program. 3/5 (City Manager-Grants) 3. A Resolution authorizing the City Manager to execute Amendment Two to the fiscal year 2015 grant agreement with Miami-Dade County for the South Miami Senior Meals Program. 3/5 (City Manager-Grants) N. RESOLUTION(S) O. RESOLUTION(S) PUBLIC HEARING(S) 4. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, placing a question on the ballot for Tuesday, November 8, 2016, 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 Presidential Election, to correct language made obsolete by state law or previous charter changes, and to clarify existing Charter language without change in function or intent by amending Art. II, Sec. 8.A, Art. III, Sec. 3, Art. III, Sec. 5.E, Art. IV, Sec. 2.B, Art. IV, Sec. 2.C., Art. V, Sec. 1.B.4-5, Art. V, Sec. 5.B., Art. V, Sec. 6., including an effective date for the amendment, and directing the City Clerk to incorporate the amendment into the Charter and to file the revised charter with the Florida Department of State; providing ballot language and directing the City Clerk to take all necessary actions to carry out the provisions of this resolution. (Mayor Stoddard) 3/5 5. A Resolution of the City of South Miami, Florida, placing a question on the ballot for Tuesday, November 8, 2016, Presidential Election, to amend the City Charter, Article II, SECTION 6, subsection D Voting Procedure, to reduce the number of votes necessary to make land use and development regulations less restrictive for the Madison Square affordable housing project. 3/5 (Vice Mayor Welsh) 6. A Resolution of the City of South Miami, Florida, placing a non-binding ballot question on the Tuesday, November 8, 2016, Presidential Election ballot, to determine whether the voters support the building of a new City Hall, Police Station and Library using the value of the existing Library and/or City Hall/Police Station property, and how surplus funds from such a transaction should be spent. 3/5 (Commissioner Harris) P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) 7. An Ordinance amending Chapter 1, Section 1-8 of the City of South Miami’s Code of Ordinances regarding general penalties for offenses. 3/5 (City Attorney) 8. An Ordinance amending Chapter 5, Article I, Section 5-1 of the City of South Miami’s Code of Ordinances protecting feral parrots, their nesting trees and their eggs and establishing criminal penalties and enforcement procedures. 3/5 (Commissioner Harris) 9. An Ordinance establishing a moratorium on the subdivision of parcels of land pending the adoption of an amendment to the City’s Land Development Code, Section 20-4.2, governing subdivision of land and buildable sites. 3/5 (Approved on 1st Reading 7-12-16) (Commissioner Harris) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 Q. ORDINANCE(S) FIFTH READING(S) 10. An Ordinance amending Section 20-4.2 of the City of South Miami’s Land Development Code to add criteria for the City’s approval of the subdivision of land, including subdivision by a waiver of plat or through the process set forth in Chapter 28 of the Miami-Dade County Code. 5/5 (Commissioners Harris and Edmond) R. ORDINANCE(S) FIRST READING(S) 11. An Ordinance amending the Land Development Code, Article VI, Section 20-6.1, and other applicable provisions, to define the term “less restrictive” as it applies to the voting requirements of the City Commission. 3/5 (Vice Mayor Welsh) 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 O1R 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.”