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_Ha1 2 3 ~ 10 City of South Miami Regular City Commission Minutes March 6, 2018 A. SILENCE OR TURN OFF ALL CELL PHONES B. ADD-ON ITEM(S) e. ROLL CALL 11 The following members of the City Cort)mission were pH!§ent: Mayor Stoddard, Vice 12 Mayor Harris, Commissioner Welsh, Commis.sioo.er Liebman, CommisSioner Gil. 13 14 Also in attendance were: City Manager Steve&l§lx.ander, City&ttorney Thomas F. 15 Pepe, Esq., City Clerk Maria M.Menendez, CMe. H 18 19 ~2 30 31 D. MOMENT OF SILENCE E. F. The MomentofSilence was ConquctedhYBishop LarrYJones. PLEDGE OF ALLI'IGIANCE LOBBYIST(S) ADDRESSING THE.CITY COMMISSION TONIGHT MUST HAVE BEEN REGISTEREOWITH THE CITY CLERK G. PRESENTATIONS' APPROVAL OF MINUTES H. a) b) Minut(!s.of Febvl,Iary 14, 2018 Minut~~of Febr~ary 20, 2018 32 The Minutes of February 14 and February 20, 2018 were unanimously approved as 33 presented. ~~ 36 H 1.:. CITY MANAGER'S REPORT (See attached) CITY COMMISSION MINUTES March 6, 2018 1 1 2 ~ 5 !, CITY ATIORNEY'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.] Summary of City Attorney's Report: the Carlos Rodriguez case. K. PUBLIC REMARKS 6 At the opening of public remarks the;JtJllowing individuals addressed the 7 Commission: Gabriel Verona, Robert Behar, Mercede;;C~nd6r,Qrlando Borges, Charles Baily, 8 Tom Byrne, Ed Boas, Veronica Flores, Jordan Blum, Bishop LarryJol)es, Peter Jude, John Edward 9 Smith, Julia Trujillo, Lisa Tucker, Matthew Sc~",!artz, Zack Cosner, Gr.eyRead, Javier Fernandes, 10 Antoinette Fischer. H 23 L. BOARDS & COMMITIEES APPOINTMENTS, ETC: a) Mark Lago, has been appointed by Commissioner Liebman to the Planning Board, as per City CharterArt. II;Sec. 8 A, fora two-year term ending March 5, 2020. b) Sandf~Dimare-Vj\iar has beef1~ppointedbyiCommissioner Liebman to the Environmental Review and Preservation Board, as per City Charter Art. II, Sec. 8 A, for an unexpiredterm endingQctober 31, 2018. c) MaxihloMonterreY has been appointed by Commissioner Liebman to the Budget and. Finance Committee, as per City Charter Art. II, Sec. 8 A, for the FY 2017-2018. d) Jennifer K. Llorente, has been appointed by Vice Mayor Harris to the Budget & FinanceCommittee, as per City Charter Art. II, Sec. 8 A, for the FY Budget 2017-2018. M. COMMISSION REPORTS, DISCUSSION & REMARKS 24 Summary of Commission Remarks: the rally on March 17 in support of the Never 25 Again movement. 2~ 28 N. CONSENT AGENDA CITY COMMISSION MINUTES March 6, 2018 2 1 2 1. A Resolution of the City Commission, for the City of South Miami, appointing Commissioner Luis J. Gil as the Commission's liaison with the Miami-Dade League of Cities. 3/5 (City Commission) 3 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve 4 Resolution No. 030-.18-15062 of the City Commission, for the City of South Miami, appointing 5 Commissioner Luis J. Gil as the Commission's liaison with theMiami-Dade League of Cities, 6 passed by a 5 -0 vote: 7 10 11 12 13 14 19 Yea: Nay: Mayor Stoddard Vice MayorHarris Commissiorler Welsh Commissioner Liebman Commissioner Gil None 2. A Resolution authorizi~g Irisl'lTjmes to hO$t.~Saint Patrick's Day Celebration on 58th court from 72ndStreet to thE! alley waYnorth of 73rd street. 3/5 (City Mallilger-Parks & Rec;[E!ation) Moved by May~rStoddard;secondedbYViCi Mayor Harris, the motion to approve Resolution No. 031-18 i 15063 authorizing Irish Times to host a Saint Patrick's Day Celebration on 58th court from 72nd Stre.ICt tothe alley way north of 73rd street, passed by a 5 -0 vote: Yea: . Nay : O. RESOLUTION(S) MayorStoddard Vice Mayor Harris CQmmissioner Welsh Cornmissioner Liebman Commissioner Gil None 3. A Resolution to draft and advertise a request for proposals for the position of City Attorney. 3(5 (Mayor Stoddard) 20 The Commission discussed the proposed resolution, at which time Mayor 21 Stoddard moved to amend Section 1, line 33 as follows: "".a mechanism for expert CITY COMMISSION MINUTES March 6, 2018 3 1 representation in ... " Seconded by Commissioner Liebman, the motion to amend passed 2 unanimously. 3 4 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 5 A Resolution to draft and advertise a request for proposals for the position of City Attorney, 6 failed by a 2 -3 vote: 7 10 Yea: Nay: Mayor Stoddard Commissioner Liebman Vice Mayor Harris Commissioner We.lsh Commissioner Gil 4. A Resolution calling upon local governments to pr()hibit gun shows on government property in Florida. 3/5 (Commissioner Liebman) 11 This item was amended in order to add the following language to Section 1: " ... and 12 Miami-Dade County Fair & Exposition, file. " 13 14 Moved by Mayor Stoddard, seconded by Commissio.ner Welsh, the motion to approve 15 as amended Resolution No. 032-18-15064 callillgupon local governments to prohibit gun shows 16 on government property in Florida, passed bya5-0 vote: 17 20 Yea: Nay: M~yorStoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None ~ A ResOlution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to join Sister Cities International and to negotiate and enter into a Sister City Agreement with the Municipality of Medellin, Colombia. 3/5 (Commissioner Liebman) 21 Following a discussion of this item, the resolution was amended to add language 22 appointing Commissioner Liebman as liaison for the City of South Miami with the municipality 23 of Medellin, Colombia. CITY COMMISSION MINUTES March 6, 2018 4 1 2 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 3 as amended Resolution No. 033-18-15065 ofthe Mayor and City Commission ofthe City of 4 South Miami, Florida, authorizing the City Manager to join Sister Cities International and to 5 negotiate and enter into a Sister City Agreement with the Municipality of Medellin, Colombia, 6 passed by a 5 -0 vote: 7 10 11 12 13 14 15 16 17 Yea: Nay: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None 6. A Resolution authorizing the Use. of the City's name at a special event supporting the Never Again movement and the March for Our Lives and authorizing the City Manager to provide financial and other support for the event. 3/5 (Vice Mayor Harris) Vice Mayo(ljarrisprECsented this ,item explaihing the plans for the event. Parks and Recreation director, 1Vir. Poughp~ovided furthEminformati6h regarding the approximate cost relating to renting a soy.nd system, etc. Th'e '(:ity Manager was then instructed to provide support for the event, iriCluqing the expenditure of up to $2,000, and the Vice Mayor will raise the remainderbfthecosts oftl1eevent.Furthermore, the City Commission authorized the Vice Mayor to'usethe City'sname asa sponsor ofthe .event. 18 Movedby Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve as 19 amended Resolution No. 034~i~,lS066 authorizing the use of the City's name at a special event 20 supporting the N.ever Again movement and the March for Our Lives and authorizing the City 21 Manager to provide:financial and other support for the event, passed by a 5 -0 vote: 22 Yea: Nay: CITY COMMISSION MINUTES March 6, 2018 Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a) A Resolution of the Mayor and City Commission of the City of South Miami, Florida. authorizing and directing the City Attorney to join the lawsuit filed by the City of Weston seeking a declaration that the provisions punishing elected officials set forth in section 790.33, Florida Statutes, for violating the preemption related to the regulation of firearms and ammunition are invalid. 3/5 (Mayor Stoddard) This item was amended to substitute "join" with "'!engage", on Section 1 of the resolution. Moved by Mayor Stoddard, secondedbyCommissioner Liebman, the motion to approve as amended Resolution No. 035-18-15067 authClri?ing and directing the City Attorney to engage with the City of Weston in its lawsuit seeking decla~atqfY <jndother appropriate.relief to challenge the Onerous Preemption Penalties containedJrl section 790.33, Florida Statutes, for violating the preemption related to the regulation of firearms and ammunition are invalid, passed by a 5 -0 vote: Nay: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None b) A Resolution instructing the City Manager to sign an addendum to contract with Thomas F. Pepe,Esquire, to provide legal services as the City Attorney for the City of South Mi<lmi. 3/5 (Vice MaYOr Harris) 25 The Commission discussed this item. Commissioner Liebman said that he had voted in 26 favor of the related item No.3 on the agenda, essentially because he believes that an RFP is a 27 healthy process. 28 29 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve a 30 Resolution No. 036-18-15068 instructing the City Manager to sign an addendum to contract CITY COMMISSION MINUTES March 6, 2018 6 1 with Thomas F. Pepe, Esquire, to provide legal services as the City Attorney for the City of South 2 Miami, passed by a 4 -1 vote: 3 8 9 10 11 12 13 16 Yea: Nay: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Gil Commissioner Liebman .. P. ORDINANCE(S} SECOND READING(S} PUBLICHEARING(S} 7. An Ordinance amending Section 20-3.3(E) of the City of South Miami Land Development Code permitting' Outdoor Seating/Dining on all commercial properties that are within the. Hometown District bverlay Zone (HD). 5/5 (City Manager-Planning & Zoning) Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve Ordinance No. 03-18-2292 amending Section20c3,3(E} of the City of South Miami Land Development Code permitting Outdoor Seating/Diriiri~0fl.~11 comml=rcial properties that are within the Hometown DistrictOverlay Zone (HD), passedbya.5 -0 vote: Yea: Nay: Mayor Stoddard Vice Mayol'Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None 8. An Ordinance amending the City's Land Development Code, Section 20-3.3(D) and 'Section 20-7.12(A) and Section 20-3.4(Bl, regarding restaurant uses. 5/5 (City ManagercPlanning & Zoning) 17 Ms. Tompkins presented this item. 18 19 Commissioner Welsh recommended no outdoor dining or outside music in that 20 zoning district for being too close to a residential neighborhood. The Commission discussed the 21 recommendation, and the City Manager proposed to bring this issue back as a separate 22 ordinance and Ms. Tompkins agreed with the City Manager on that recommendation. 23 CITY COMMISSION MINUTES March 6, 2018 7 1 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 2 Ordinance No. 04-18-2293 amending the City's Land Development Code, Section 20-3.3(0) and 3 Section 20-7.12(A) and Section 20-3.4(B}, regarding restaurant uses, passed by as -0 vote: 4 7 Yea: Nay: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None 9. An Ordinance amending Section 20"2.3 (definitions) as well as Sections 20- 3.1(B) and 20-3.3(D) (relatingtothe purpose statemeht and uses permitted for the Parks and Recreation zoning district) of the City's Land Development Code. 5/5 (City Manager-Planning & Zohing) 8 Mayor Stoddard thanke.d staff for the clafifi~ation on page one, Section 1, lines 19- 9 21, with the definition of "Communityjacilities". This clarification was made because of certain 10 residents' concerns about the impact that the ordinance could have created on all parks. 11 12 13 14 15 16 21 Moved by Ma~()rStoddard, seconded by Vice MaYClrHarris, the motion to approve Ordinance No.05-18'f..r94 amending Section 20-2} (definitions) as well as Sections 20-3.1(B) and 20-3.3(D) (relating to the purpose statement and uses permitted for the Parks and Recreation zoning district) of the CitY's .Land Development Code, passed by a 5 -0 vote: Yea: Nay: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None Q. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S) 10. An Ordinance amending the City of South Miami Comprehensive Plan approving the creation of the Downtown SoMi (OS) land use category in the Future Land Use Element for a Mixed-Use Project on The Shops at Sunset Place property and as legally described herein. 3/5 (City Manager-Planning & Zoning) CITY COMMISSION MINUTES March 6, 2018 8 1 Mayor Stoddard indicated that all of the comments and statements related to these 2 items made during public remarks were to be included into the record so that they wouldn't 3 need to address it for the second time. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 The following speakers were allowed to speak further about the project: Antoinette Fischer, Lisa Tucker, Matthew Schwartz. The Commission discussed items 10-14, and the <;ityManager emphasized that the purpose is to send a message to the owners that we wisnt6have further conversation with them. " . Moved by Mayor Stoddard, seconded by Gotnmissioner Lie~man, the motion to approve An Ordinance amending the City of South MiamiComprehensive Planapproving the creation of the Downtown SoMi (OS) land use category in the Future Land Use Element for a Mixed-Use Project on The Shops at Sunset Place property and as legally described herein, passed by a 4 -1 vote: Yea: Nay: Mayor ~toddard Commissioner Welsh CommissionerUebman Commissioner<5i1 Vice Mayor Harris 11. An Ordinan~e providiqg for a Small-Scale Map Amendment amending the City of South Miami Comprehensive plan Future Land Use Plan Map from Mixed UseComlTlerciaIResidential(~o.ur-Story) to Downtown SoMi (OS) (195 feet) on a 9.68-acreproperty known as The Shops at Sunset Place and as legally described herein. 3/5 (City Manager-Planning & Zoning) 21 Moved by MayorStoddard, seconded by Commissioner Liebman, the motion to approve 22 Ordinance providing foraSmall'Scale Map Amendment amending the City of South Miami 23 Comprehensive Plan FutureLand Use Plan Map from Mixed Use Commercial Residential (Four- 24 Story) to Downtown SoMi (OS) (195 feet) on a 9.68-acre property known as The Shops at Sunset 25 Place and as legally described herein, passed by a 4 -1 vote: 26 Yea: CITY COMMISSION MINUTES March 6, 2018 Mayor Stoddard Commissioner Welsh Commissioner Liebman 9 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 Nay: Commissioner Gil Vice Mayor Harris 12. An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development Code creating ARTICLE XII. - Downtown SoMi (DS) District Regulations; modifying Section 20-3.1 Zoning use districts and purposes (A) and (B); modifying Section 20-3.3(D) Permitted Use Schedule; creating Section 20-3.3(F) Ol:l,tdoor Seating/Dining Within the Downtown SoMi (DS) Zoning District; modifying Section 20-3.S(B) and (C) Dimensional requirements; creating S.e<;tion 20-3.5(1) Dimensional Requirements Downtown SoMi pistric(;fT1odifying Section 20-3.6 Supplemental regulations; mollifying Section 20-4.3 Sign regulations; modifying Section 20-4.5 Land~~aping and tree protection requirements for all zoning districts; modifying Sectipfl 20-4.5.1 Tree protectipn; modifying Section 20-5.11 Site plan review approvals; modifying Section 20-6.1 Administrative entities in order to effectuate a MiXed,L)se Project on the Shops at Sunset Place property as legall\(described herein: 3/5 (City Manager-Pla l1 ning& :zoning) Moved by Mayof$t?ddard, seconded by Commissioner Liebman, the motion to approve An Ordinance pursuanUq5ectipn 20-5.7 anqotherapplicable provisions ofthe City of South Miami Land Development Code creilting ARTICLEXil. -Downtown SoMi (DS) District Regulations; modifyingSection 20-3.1 Zoning use districts and purposes (A) and (B); modifying Section 20-3.3(D)PermittedUseSchedule; creating Section 20-3.3(F) Outdoor Seating/Dining Within the Downtown SoMi (DSY Zoning District; modifying Section 20-3.5(B) and (C) Dimensional requirements; creatin?section20-3,S(I) Dimensional Requirements Downtown SoMi District; modifying SEO!F~ion 20-3.6 Supplemental regulations; modifying Section 20-4.3 Sign . regulations; modifying SectiO.n 20-4.5 Landscaping and tree protection requirements for all zoning districts;l]'1odifying Section 20-4.5.1 Tree protection; modifying Section 20-5.11 Site plan review approVals; modifying Section 20-6.1 Administrative entities in order to effectuate a Mixed-Use Projectonthe Shops at Sunset Place property as legally described herein, passed by a 4 -1 vote: Yea: Nay: Mayor Stoddard Commissioner Welsh Commissioner Liebman Commissioner Gil Vice Mayor Harris 13. An Ordinance pursuant to Section 20-5.7 and other applicable provisions of CITY COMMISSION MINUTES March 6, 2018 10 1 the City of South Miami Land Development Code providing for a Map Amendment to the City of South Miami Official Zoning Map from Specialty Retail (SR) to Downtown SoMi (DS) on a 9.68-acre property known as The Shops at Sunset Place and as legally described herein. 3/5 (City Manager-Planning & Zoning) 2 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 3 An Ordinance pursuant to Section 20-5.7 and other applic?bfeprovisions of the City of South 4 Miami Land Development Code providing for a Map Amendment to the City of South Miami 5 Official Zoning Map from Specialty Retail (SR) to Downtown SoMi(DS) on a 9.68-acre property 6 known as The Shops at Sunset Place and as legally.described herein, passed by a 4 -1 vote: 7 10 11 12 13 14 15 16 19 Yea: Nay: Mayor ~t0ddard Commission.er Welsh Commissioner Liebman CommissionerGil . • Vice Mayor Harris 14. An Ordinance, pursuant to Section:20-5.7 and other applicable provisions of the City of South Miami Land Development Code, providing for a Map Amendment to the City of South Miami Official Zoning Map to remove the Hometown District Overlay designation on a 9.68-acre property known as The Shops at Sunset Place. 3/5 (City Milnager-Plar)ning&Zorii~g) Moved by MayoF~ioddard, seconded by Commissioner Liebman, the motion to approve An Ordinance, pursuant t~·.section 20-'5.7 and other applicable provisions of the City of South Miami Land Development Code, providing for a Map Amendment to the City of South Miami Official Zoning Map to remove the Hometown District Overlay designation on a 9.68-acre property known as The. Shops atSunset Place, passed by a 4 -1 vote: Yea: Nay: Mayor Stoddard Commissioner Welsh Commissioner Liebman Commissioner Gil Vice Mayor Harris R. RESOLUTION(S) PUBLIC HEARING(S) CITY COMMISSION MINUTES March 6, 2018 11 1 QUASI-JUDICIAL WARNING: 2 THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL. PLEASE REVIEW THE 3 RESTIRCTIONS THAT ARE MORE FULLY SET FORTH ATTHE END OF THIS AGENDA. ~ 6 15. A Resolution pursuant to new ARTICLE XII Downtown SoMi District Regulations and ARTICLE V Procedures and Applications and other applicable provisions of the City of South Miami Land Development Code approving a request by FRIT Shops at Sunset Place Fee Owner, LLC for Site' Plan approval for a Mixed-Use Project consisting of Retail, Office, Residential and Hotel components on The Shops at Sunset Place property as legally described herein. 3/5 (City Manager-Planning & Zoning) 7 Moved by Mayor Stoddard, seconded .by Commissioner Liebman, the motion to defer 8 this item until all related items come back for second reading, passed bya S -0 vote: 9 10 11 B 16 Yea: Mayor Stoddard . Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None S. ORDINANCE(S) FIRST READING (5) (NONE) T. ADJOURNMENT 17 QUASI-JUDICIAL WARNING FOR CITY COMMISSION MEMBERS: ANY AGENDA ITEM THAT HAS 18 A QUASI-JUDICIAL WARNINGI$CONSIDERED TO BE A QUASI-JUDICIAL MATTER. MEMBERS 19 OF THE CITY COMM.ISSION MAY NOT HAVE ANY VERBAL COMMUNICATION WITH ANYONE, 20 OTHER THAN AT THEIVlEETING'SCHEDULED TO RESOLVE THE MATTER, UNTIL THE MATTER IS 21 RESOLVED AT A PUBLlC:'MEETING AND THE MEETING IS ADJOURNED. YOU ARE PROHIBITED 22 FROM MAKING ANY INDEPENDENT INVESTIGATION OF THIS MATTER OTHER THAN A SITE 23 VISIT OR MAKING WRITTEN REQUESTS FOR INFORMATION FROM CITY EMPLOYEES AND 24 RECEIVING WRITTEN RESPONSES FROM THEM IN THEIR OFFICIAL CAPACITY. ALL WRITTEN 25 REQUESTS FOR INFORMATION AND RESPONSES THERETO MUST BE FILED WITH THE CLERK 26 AND A COPY MUST ALSO BE SENT TO THE PLANNING AND ZONING DIRECTOR IF THE MATTER 27 INVOLVES A LAND RELATED ISSUE. YOU MAY NOT HAVE ANY VERBAL COMMUNICATION 28 WITH CITY EMPLOYEES REGARDING THIS MATTER. YOU MAY NOT ENTER ONTO SOMEONE'S CITY COMMISSION MINUTES March 6, 2018 12 1 PROPERTY WITHOUT THEIR PERMISSION. FURTHERMORE, YOU MAY NOT DISCUSS THE 2 MATTER WITH THE PROPERTY OWNER OR ANYONE ELSE, INCLUDING NEIGHBORS. YOU 3 MUST, IN WRITING, ADVISE THE CLERK OF THE DATE AND TIME OF YOUR SITE VISIT AND, IF 4 THIS MATTER INVOLVES LAND USE, YOU MUST ALSO SEND A COPY TO THE PLANNING AND 5 ZONING DIRECTOR. ALL INFORMATION THAT YOU OBTAIN ON THIS MATTER, OTHER THAN 6 YOUR PERSONAL OBSERVATIONS AT A SITE VISIT AND WRITTEN INFORMATION PROVIDED BY 7 STAFF, MUST BE PRESENTED TO YOU AT THE DULY NOTICED PUBLIC MEETING DURING WHICH 8 THE APPLICANT SHAL.L BE GIVEN AN OPPORTUNITY TO PRESENT THE APPLICATION AND ANY 9 EVIDENCE IN SUPPORT OF THE APPLICATION. IF THEREISABREAK IN THE MEETING, YOU 10 MAY NOT ALLOW OTHERS TO SPEAK TO YOU ABouT THE. MATTER OR ALLOW THEM TO 11 PROVIDE YOU WITH ANY INFORMATION ABourn-ie'MATI"ER •. IF THE MATTER REQUIRES 12 MORE THAN ONE HEARING, YOU MAY NOT DlSCU$S THE MATTER WITH ANYONE, UNTIL THE 13 MATTER IS RESOLVED BY A FINAL WRITTEI\I.RES6LUTION OR, IF APPLICABLE, ORDINANCE, 14 AND, EVEN THEN, NOT UNTIL THE MEETINGISADJOURED. IF YOU REqlVE AN EMAIL OR ANY 15 WRITTEN OR PRINTED INFORMATION ABOUT THE MATTER BEFORE THEADJOURNMENT OF 16 THE HEARING AT WHICH A FINA~pECISION ISMAPE F~.bM ANYONE OTHERTHAN CITY 17 EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITY,YCMIVIAY READ IT BUT YOU ARE NOT 18 ALLOWED TO RESPOND TO IT ANDYOUAREREQUIRED T()JMMEDIATELY PROVIDE A COPY 19 OF ANY WRITTEN COMMUNICATION OR DOCUMENT v'OURECEIVE CONCERNING THIS 20 MATTER TO THE CITY CLERK, AND AtOPY MUST ALSO BE SENT TO THE PLANNING AND 21 ZONING DIRECTOR lETHE MATTER INVOLVES ALA~D RELATED ISSUE. IN ADDITION, IF YOU 22 RECEIVE ANY VERBJ.\I..; OR WRITTEN COMMU~ICATION (OTHER THAN WHAT HAS ALREADY 23 BEEN DELIVERED TO THE CLERK AND THE PLANNING AND ZONING DIRECTOR) YOU ARE 24 REQUIREDTODISCLb~EIT ATTHEPUBLIC MEETING AND, IF IT WAS VERBAL, YOU ARE 25 REQUIREDTOWRlrEA MEMORANOUM.THAT INCLUDES THE INFORMATION RECEIVED AND 26 THE NAME AND ADDRESS OF THE PERSON PROVIDING THE INFORMATION, AS WELL AS THE 27 DATE, TIME AND PLACE WHERE THe COMMUNICATION TOOK PLACE. THIS DOCUMENT MUST 28 BE DELIVEREPAS SOON THEREAFTER AS POSSIBLE TO THE CITY CLERK, AND IF APPLICABLE TO 29 A LAND RELAXED ISSUE, A COpy MUSTALSO BE DELIVERED TO THE PLANNING AND ZONING 30 DIRECTOR. 31 32 33 WARNING REGARDING EX PARTE COMMUNICATIONS: 34 "EX PARTE COMMUNICATIONS" ARE WRITTEN OR VERBAL EXCHANGES BETWEEN AN 35 ELECTED OR APPOINTED PUBLIC OFFICIAL, AND AN APPLICANT, HIS OR HER 36 REPRESENTATIVES, OR A CITIZEN OR OTHER THIRD-PARTY OUTSIDE OF THE PUBLIC QUASI- 37 JUDICIAL HEARING WHICH IS THE SUBJECT OF THE EXCHANGE. THE FLORIDA LEGISLATURE BY 38 THE ADOPTION OF SECTION 286.011S(1), FLORIDA STATUTES, HAS AUTHORIZED THE 39 ADOPTION OF LOCAL ORDINANCES ALLOWING EX PARTE COMMUNICATIONS IF CERTAIN 40 PROCEDURES ARE FOLLOWED TO ENSURE THAT THE WRITTEN OR VERBAL EXCHANGE IS CITY COMMISSION MINUTES March 6, 2018 13 1 MADE PUBLIC, WHICH IS DESIGNED TO REMOVE ANY PRESUMPTION OF PREJUDICE THAT 2 WOULD OTHERWISE RESULT IF THE EXCHANGE WERE KEPT PRIVATE AND NOT DISCLOSED. EX 3 PARTE COMMUNICATIONS MUST BE PUBLICLY DISCLOSED PRIOR TO OR AT THE QUASI- 4 JUDICIAL HEARING AT WHICH THE DECISION IS TO BE MADE. ALL DECISIONS MADE AT A 5 QUASI-JUDICIAL HEARING MUST BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE. 6 VERBAL EX PARTE COMMUNICATIONS ARE HEARSAY, ARE NOT COMPETENT EVIDENCE, AND 7 MAY NOT FORM THE SOLE BASIS FOR MAKING ANY QUASI-JUDICIAL DECISIONS, BUT THEY 8 MAY BE USED TO SUPPORT OR EXPLAIN OTHER COMPETENT EVIDENCE. 9 ~ 10 PURSUANT TO ORDINANCE §2-2.1, CITY CODE, THE ~Pt.ltH~IAMI CITY COMMISSION HAS 11 ADOPTED THESE PROCEDURES TO ALLOW THE USE OF EX-PARTE COMMUNICATIONS AS 12 FOLLOW,S: 1S 1. THE ELECTED OR APPOINTED PUBLIC OFFICIAL SHALL DISCLOSE IN WRITING THE SUBJECT OF THE COMMUNICATION AND THE IDENTITY OF THE PERSON, GROUP, OR ENTITY WITH WHOM THE CgMMUNICATIOI'\,fIOOK.PLACE, AS SOON ASPRACTICABLE AFTER THE COMMUNICATIOf\l TAKES PLACE, WIJI-ITHE CITY CLERK AND MADE A PART OF THE RECORD AT THE HEARING BEFORE FINAL ACTION ON THE MATTER. 2. 3, A LOCAL PUBLIC OFFICIAL MAY READ ~WRITTEN COMMUNICATION FROM ANY PERSON. ANY WRITTEN COMMUNICATION THATRELATESTO QUASI-JUDICIAL ACTION PENDING BEFORE A LOCAL PUBLIC OFFICIAL, SHALLIIJOT BE PRESUMED PREJUDICIAL TO THE ACTION, PROVIDED SUCH WRITTEN COMMUNICATION IS DISCLOSED AND MADE A PART OF THE RECORDHEFORE FINAL ACTION ON THE MATTER. . , I)-lOCAL PUBLICOFFICIAt-MAY CONDUCT INVESTIGATIONS, MAKE SITE VISITS AND RECEIVE EXPERT: OPINIONS' REGARDING QUASI-JUDICIAL ACTION PENDING OR IMPENDING BEFORE HIM OR HER PROVIDED THAT SUCH ACTIVITIES AND THE EXISTENCE OF SUCH INVESTIGATIONS, SITE VISITS OR EXPERT OPINIONS IS MADE A PART OF THE RECORD BEFORE FINAL ACTION IS TAKEN ON THE MATTER. 4. DISCLOSURE MADE PURSUANT TO PARAGRAPHS 1, 2 AND 3 ABOVE MUST BE MADE BEFORE OR DURING THE PUBLIC MEETING AT WHICH A VOTE IS TAKEN ON SUCH MATTERS SO THAT PERSONS WHO HAVE OPINIONS CONTRARY TO THOSE EXPRESSED IN THE EX PARTE COMMUNICATION ARE GIVEN A REASONABLE OPPORTUNITY TO REFUTE OR RESPOND TO THE COMMUNICATION. IT IS POSSIBLE THAT IF THE STATUTE OR ORDINANCE DISCUSSED ABOVE, OR A QUASI- JUDICIAL ACTION PENDING BEFORE THE COMMISSION OR BOARD ARE CHALLENGED, CITY COMMISSION MINUTES March 6, 2018 14 1 2 3 4 5 Attest THAT A COURT MIGHT FIND THAT NEITHER THE LEGISLATURE NOR THE CITY COMMISSION HAD AUTHORITY TO ENACT THESE PROCEDURES CONCERNING EX PARTE COMMUNICATIONS, WHICH COULD RESULT IN THE ACTION TAKEN BEING REVERSED. YOU THUS PROCEED AT YOUR OWN RISK IN ENGAGING IN SUCH COMMUNICATIONS, AND THEY ARE NOT ENCOURAGED. THEY ARE, HOWEVER, THE POLICY OF THE LEGISLATURE AND CITY COMMISSION, AND UNTIL DETERMINED OTHERWISE BY THE LEGISLATURE OR THE COURTS, ARE LEGALLY PERMITTED BUT NOT WITHOUT POSSIBLE ADVERSE LEGAL CONSEQUENCES TO THE DETRIMgNT OF THE CITY AND OTHER PARTIES. Approved Maria M. Menendez City Clerk PhiliriK .. Stoddard Mayor CITY COMMISSION MINUTES March 6, 2018 15 THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander March 6, 2018 Managers Report I've been in communication with the County regarding the clearing of our canals. They are working on a few different concepts and I expect to hear some good news soon. We are informed by Pinnacle, a contractor for Beneficial the project owner of the Metro South senior affordable housing development across the street, that the Miami-Dade Department of Transportation and Public Works has reviewed and approved the plans for the crosswalk with flashing lights and that the permit is ready to be picked up by a contractor. We have had difficulty obtaining more than one proposal for this project and are actively seeking additional proposals. The Mayor has called a Special City Commission meeting for Thursday, March 22, 2018, at 7:00 p.m., in the Commission Chambers, for the purpose of hearing the first reading of the Comprehensive Plan. The draft plan can be found on the City's website, under the Planning Boord meeting agenda for those who want to view it prior to the meeting.