CITY OF SOUTH MIAMI CITY COMMISSION MEETING AGENDA. Tuesday, May 1, 2018, 7:00 PM

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1 CITY OF SOUTH MIAMI CITY COMMISSION MEETING AGENDA Tuesday, May 1, 2018, 7:00 PM 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 G.1. Mr. Sergio Escobar, Executive Director of the Agency for Int l Cooperation of Medellin (A.C.I.) G.2. Municipal Clerk's Week Proclamation Sunset Drive South Miami, Florida Page 1

2 H. APPROVAL OF MINUTES H.1. Minutes of April 17, Minutes.2pdf.pdf 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. BOARDS AND COMMITTEES, APPOINTMENTS, ETC. L.1. L.2. Cornelius Harrington III has been appointed by Mayor Stoddard to the SMCRA Advisory Board as per City Charter Art. II, Sec. 8 A. L a.pdf Laurie Kahn has been appointed by Commissioner Welsh to the SMCRA Advisory Board as per City Charter Art. II, Sec. 8 A. L b.pdf L.3. Michell Hawkins has been appointed by Commissioner Gil to the SMCRA Advisory Board as per City Charter Art. II, Sec. 8 A. L c.pdf M. COMMISSION REPORTS, DISCUSSION & REMARKS N. CONSENT AGENDA O. RESOLUTION(S) O.1. A Resolution for the City of South Miami to join the Seawall Coalition and support its mission. (Mayor Stoddard) Reso re Seawall Coalition.docx P. RESOLUTION(S) PUBLIC HEARING(S) Q. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) Q.1. An Ordinance amending the South Miami Code of Ordinances Section regarding hours of operation of juke boxes, radios, etc Sunset Drive South Miami, Florida Page 2 2

3 (Commissioner Welsh) Ordinance Section AmendmentCArev.2pdf.pdf R. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S) S. ORDINANCE(S) FIRST READING(S) S.1. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section G to provide for voluntary off-site tree mitigation. (Commissioner Welsh) (G) Mitigation off sitebwcarev(2)clean(1).doc S.2. An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from noise generated from outdoor seating/dining by amending Section (E) of the City of South Miami Land Development Code regarding outdoor dining. Cover Memo NR Outdoor Dining Amendment first reading docx NR Outdoor Dining Text Amendment first reading line numbers.docx NR Outdoor Dining Text Amendment first reading.docx PB Draft PB Meeting Minutes Excerpt docx T. ADJOURNMENT PURSUANT TO FLORIDA STATUTE , 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 , 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 6130 Sunset Drive South Miami, Florida Page 3 3

4 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 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. WARNING REGARDING EX PARTE COMMUNICATIONS: EX PARTE COMMUNICATIONS ARE WRITTEN OR VERBAL EXCHANGES BETWEEN AN ELECTED OR APPOINTED PUBLIC OFFICIAL, AND AN APPLICANT, HIS OR HER REPRESENTATIVES, OR A CITIZEN OR OTHER THIRD-PARTY OUTSIDE OF THE PUBLIC QUASI-JUDICIAL HEARING WHICH IS THE SUBJECT OF THE EXCHANGE. THE FLORIDA LEGISLATURE BY THE ADOPTION OF SECTION (1), FLORIDA STATUTES, HAS AUTHORIZED THE ADOPTION OF LOCAL ORDINANCES ALLOWING EX PARTE COMMUNICATIONS IF CERTAIN PROCEDURES ARE FOLLOWED TO ENSURE THAT THE WRITTEN OR VERBAL EXCHANGE IS MADE PUBLIC, WHICH IS DESIGNED TO REMOVE ANY PRESUMPTION OF PREJUDICE THAT WOULD OTHERWISE RESULT IF THE EXCHANGE WERE KEPT PRIVATE AND NOT DISCLOSED. EX PARTE COMMUNICATIONS MUST BE PUBLICLY DISCLOSED PRIOR TO OR AT THE QUASI-JUDICIAL HEARING AT WHICH THE DECISION IS TO BE MADE. ALL DECISIONS MADE AT A QUASI-JUDICIAL HEARING MUST BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE. VERBAL EX PARTE COMMUNICATIONS ARE HEARSAY, ARE NOT COMPETENT EVIDENCE, AND MAY NOT FORM THE SOLE BASIS FOR MAKING ANY QUASI-JUDICIAL DECISIONS, BUT THEY MAY BE USED TO SUPPORT OR EXPLAIN OTHER COMPETENT EVIDENCE. PURSUANT TO ORDINANCE 2-2.1, CITY CODE, THE SOUTH MIAMI CITY COMMISSION HAS ADOPTED THESE PROCEDURES TO ALLOW THE USE OF EX-PARTE COMMUNICATIONS AS FOLLOWS: 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 COMMUNICATION TOOK PLACE, AS SOON AS PRACTICABLE AFTER THE COMMUNICATION TAKES PLACE, WITH THE CITY CLERK AND MADE A PART OF THE RECORD AT THE HEARING BEFORE FINAL ACTION ON THE MATTER. 2. A LOCAL PUBLIC OFFICIAL MAY READ A WRITTEN COMMUNICATION FROM ANY PERSON. ANY WRITTEN COMMUNICATION THAT RELATES TO QUASI-JUDICIAL ACTION PENDING BEFORE A LOCAL PUBLIC OFFICIAL, SHALL NOT BE PRESUMED PREJUDICIAL TO THE ACTION, PROVIDED SUCH WRITTEN COMMUNICATION IS DISCLOSED AND MADE A PART OF THE RECORD BEFORE FINAL ACTION ON THE MATTER. 3. A LOCAL PUBLIC OFFICIAL 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 Sunset Drive South Miami, Florida Page 4 4

5 IT IS POSSIBLE THAT IF THE STATUTE OR ORDINANCE DISCUSSED ABOVE, OR A QUASI-JUDICIAL ACTION PENDING BEFORE THE COMMISSION OR BOARD ARE CHALLENGED, 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 DETRIMENT OF THE CITY AND OTHER PARTIES Sunset Drive South Miami, Florida Page 5 5

6 Agenda Item No:G.1 City Commission Agenda Item Report Meeting Date: May 1, 2018 Submitted by: Nkenga Payne Submitting Department: City Clerk Item Type: Presentation Agenda Section: PRESENTATIONS Subject: Mr. Sergio Escobar, Executive Director of the Agency for Int l Cooperation of Medellin (A.C.I.) Suggested Action: Attachments: 6

7 Agenda Item No:G.2 City Commission Agenda Item Report Meeting Date: May 1, 2018 Submitted by: Maria Menendez Submitting Department: City Clerk Item Type: Presentation Agenda Section: PRESENTATIONS Subject: Municipal Clerk's Week Proclamation Suggested Action: Attachments: 7

8 Agenda Item No:H.1 City Commission Agenda Item Report Meeting Date: May 1, 2018 Submitted by: Maria Menendez Submitting Department: City Clerk Item Type: Minutes Agenda Section: APPROVAL OF MINUTES Subject: Minutes of April 17, 2018 Suggested Action: Attachments: Minutes.2pdf.pdf 8

9 City of South Miami Regular City Commission Minutes April 17, 2018 A. SILENCE OR TURN OFF ALL CELL PHONES B. ADD-ON ITEM(S) C. ROLL CALL The following members of the City Commission were present: Mayor Stoddard, Vice Mayor Harris, Commissioner Welsh, Commissioner Liebman, Commissioner Gil. Also in attendance were: City Manager Steven Alexander, City Attorney Thomas F. Pepe, Esq., City Clerk Maria M. Menendez, CMC. 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) Comprehensive Annual Financial Report CAFR Presentation by Keefe McCullough CPA's H. APPROVAL OF MINUTES presented. a) Minutes of March 22, 2018 b) Minutes of April 3, 2018 The Minutes of March 22 and April 3, 2018 were unanimously approved as CITY COMMISSION MINUTES April 17,

10 I. CITY MANAGER S REPORT (See attached) J. CITY ATTORNEY S REPORT [City Attorney reminder: Remarks are limited to those matters that are not quasijudicial. 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: doing substantial research on the City s Comprehensive Plan; the Weston lawsuit; working with the CRA relating to some tenants; working on ballot resolutions; the Clean Power Plan. K. PUBLIC REMARKS At the opening of public remarks the following individuals addressed the Commission: Baldwyn English, Antoinette Fischer, Pam Lahiff, Scott Rosenbaum. L. BOARDS & COMMITTEES APPOINTMENTS, ETC. a) Kyle Saxon has been appointed by Mayor Stoddard, replacing prior appointment to Sid Kaskey, to the Budget and Finance Committee FY , as per City Charter Art. II, Sec. 8 A. M. COMMISSION REPORTS, DISCUSSION & REMARKS Summary of Commission Remarks: the need for parks concurrency; the Girls Scout property; FIU offered funding coming through the European Union National Science Foundation for the City to work with FIU faculty to develop plans for renewable energy, vertical urban gardens and water reuse in the City. N. CONSENT AGENDA 1. A Resolution authorizing the City Manager to purchase decorative garbage and recycling containers from Quick Crete Products Corp. (QCP) in the amount of $35,010 for the City and the Downtown area. 3/5 (City Manager-Police) Moved by Commissioner Welsh, seconded by Commissioner Liebman, the motion to approve Resolution No authorizing the City Manager to purchase decorative CITY COMMISSION MINUTES April 17,

11 garbage and recycling containers from Quick Crete Products Corp. (QCP) in the amount of $35,010 for the City and the Downtown area, passed by a 4-0 vote: Yea: Nay : Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None 2. A Resolution authorizing the City Manager to negotiate and enter into a contract with Terra Hyle Contractors, Inc., for the Twin Lakes Traffic Calming Project. 3/5 (City Manager-Public Works) Moved by Commissioner Welsh, seconded by Commissioner Liebman, the motion to approve Resolution No authorizing the City Manager to negotiate and enter into a contract with Terra Hyle Contractors, Inc., for the Twin Lakes Traffic Calming Project, passed by a 4-0 vote: O. RESOLUTION(S) Yea: Nay : Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None 3. A Resolution re-appointing Annick Sternberg to serve on the Green Task Force for a two-year term ending April 2, 2020, and extending term limits. 3/5 (City Commission) Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve Resolution No re-appointing Annick Sternberg to serve on the Green Task Force for a two-year term ending April 2, 2020, and extending term limits, passed by a 4-0 vote: Yea: Nay : Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None CITY COMMISSION MINUTES April 17,

12 A Resolution authorizing the City Manager to permit and to waive rental fees associated with OrchidMania of South Florida s 20th Annual Orchids in the Park fundraiser to be held at Dante Fascell Park on Saturday, May 26th and Sunday, May 27th, /5 (City Manager-Parks & Recreation) Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve Resolution No authorizing the City Manager to permit and to waive rental fees associated with OrchidMania of South Florida s 20th Annual Orchids in the Park fundraiser to be held at Dante Fascell Park on Saturday, May 26th and Sunday, May 27th, 2018, passed by a 4-0 vote: Yea: Nay : Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None 5. A Resolution authorizing the City Manager to permit Team FootWorks Educational and Fitness Corporation, a non-profit organization, to hold its 30th Annual Twilight 5K Run/Walk event and to waive the cost of parking meters. 3/5 (City Manager-Parks & Recreation) Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve Resolution No authorizing the City Manager to permit Team FootWorks Educational and Fitness Corporation, a non-profit organization, to hold its 30th Annual Twilight 5K Run/Walk event and to waive the cost of parking meters, passed by a 3-0 vote: Yea: Nay : Vice Mayor Harris Commissioner Welsh Commissioner Gil None 6. A Resolution authorizing the City Manager to permit Taco Craft Miami, LLC located at 5829 SW 73rd street, to hold its 3rd Annual Cinco De Mayo Block Party. 3/5 (City Manager-Parks & Recreation) Moved by Commissioner Gil, seconded by Commissioner Liebman, the motion to approve as amended Resolution No authorizing the City Manager to permit Taco CITY COMMISSION MINUTES April 17,

13 Craft Miami, LLC located at 5829 SW 73rd street, to hold its 3rd Annual Cinco De Mayo Block Party, passed by a 4-0 vote: Yea: Nay : Mayor Stoddard Commissioner Welsh Commissioner Liebman Commissioner Gil None a) A Resolution instructing the City Attorney to draft a ballot question for the Tuesday, November 6, 2018, national midterm elections, 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. 3/5 (Mayor Stoddard) 7. A Resolution instructing the City Attorney to draft a ballot question for the Tuesday, November 6, 2018, national midterm elections, 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. 3/5 (Commissioner Liebman) This item was discussed together with add-on item (a) since they both had a common subject. The difference between the two items was that the add-on provided for three options such as: "to amend the voting requirement citywide as "option 2a"; or, in the area designated as the "Commercial Core" as "option 2b by reducing it from 5/5 to 3/5 as "option 3a", or by reducing it from 5/5 to 4/5 as "option 3b". Commissioner Liebman proposed the "citywide" option but the motion didn't get a second and died. Commissioner Harris moved to recommend the "Commercial Core" as option 2b. Seconded by Commissioner Gil, the motion passed 4-1 (Liebman). The Commission also amended the resolution to have the ballot question on the August primary election, time permitted. Finally, this item and add-on item a) were combined and amended into one. CITY COMMISSION MINUTES April 17,

14 Moved by Mayor Stoddard, seconded by Commissioner Gil, the motion to approve as amended Resolution No instructing the City Attorney to draft a ballot question for the Tuesday, November 6, 2018, national midterm elections, 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, passed by a 5-0 vote: Yea: Nay : P. RESOLUTION(S) PUBLIC HEARING(S) Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None 8. A Resolution authorizing the City Manager to enter into a multi-year year agreement with H & R Paving, Inc., by piggybacking onto its agreement with the City of Miami. 3/5 (City Manager-Public Works) Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve Resolution No authorizing the City Manager to enter into a multi-year year agreement with H & R Paving, Inc., by piggybacking onto its agreement with the City of Miami, passed by a 5-0 vote: Yea: Nay : Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None Q. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) 9. An Ordinance related to the fee schedule; amending Ordinance to reduce fitness center annual membership fees per patron and to add new fees to the schedule. 3/5 (Commissioner Liebman) CITY COMMISSION MINUTES April 17,

15 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve Ordinance No related to the fee schedule; amending Ordinance to reduce fitness center annual membership fees per patron and to add new fees to the schedule, passed by a 5-0 vote: Yea: Nay : Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None 10. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Section /5 (Commissioner Liebman) At the opening of public hearing the following individual(s) addressed the Commission: Antoinette Fischer. R. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S) 11. An Ordinance adopting an amendment to the Comprehensive Plan to amend the future land use category "Parks and Open Space" and to amend the Future Land Use Map of the Comprehensive Plan, to identify the area located under the Metrorail, including the Underline linear park, as part of the City's Parks and Open Space, and Authorizing Transmittal to the Florida Department of Economic Opportunity and Review Agencies. (Deferred ) 4/5 (City Manager-Planning & Zoning) Moved by Mayor Stoddard, seconded by Commissioner Gil, the motion to approve An Ordinance adopting an amendment to the Comprehensive Plan to amend the future land use category "Parks and Open Space" and to amend the Future Land Use Map of the Comprehensive Plan, to identify the area located under the Metrorail, including the Underline linear park, as part of the City's Parks and Open Space, and Authorizing Transmittal to the Florida Department of Economic Opportunity and Review Agencies, passed by a 5-0 vote: Yea: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman CITY COMMISSION MINUTES April 17,

16 Nay : Commissioner Gil None 12a. An Ordinance Adopting a Small-Scale Amendment to the Future Land Use Map of the City of South Miami s Comprehensive Plan, amending the designation of an approximately 2.60-acre property generally located northwest of the intersection of SW 72nd Street and SW 67th Avenue, and as legally described herein, from Religious to Multiple Family Residential (Four Story). 4/5 (City Manager-Planning & Zoning) Ms. Tompkins addressed the Commission on both items. Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve An Ordinance Adopting a Small-Scale Amendment to the Future Land Use Map of the City of South Miami s Comprehensive Plan, amending the designation of an approximately 2.60-acre property generally located northwest of the intersection of SW 72nd Street and SW 67th Avenue, and as legally described herein, from Religious to Multiple Family Residential (Four Story), passed by a 4-1 vote: Yea: Nay : Mayor Stoddard Commissioner Welsh Commissioner Liebman Commissioner Gil Vice Mayor Harris 12b. An Ordinance amending the Official Zoning Map, amending the designation of an approximately 2.60 acre property generally located northwest of the intersection of SW 72nd Street and SW 67th Avenue, as legally described herein, from R Religious to RM-18 Low Density Multi-Family Residential. 4/5 (City Manager-Planning & Zoning) Attorney Tucker Gibbs representing the applicant addressed the Commission. Attorney Iris Escarra also representing the applicant addressed the Commission. At the opening of public hearing the following individuals addressed the Commission: Jean Underwood, Shirley Wyatt, Norma Shok, Jena Staly (opposed), Anita Jenkins (opposed), Michael Binkov, (opposed), Gloria Duval (opposed), Frank Perez (opposed), Martinez (opposed), Angela (opposed), Ana Rojas (opposed), Mike Sullivan(opposed), Ileana Perez-Quintana CITY COMMISSION MINUTES April 17,

17 (opposed), Gustavo Betancourt (opposed), Michael Tichenor (opposed), Lew Sellars (proposed alternative), Hector Figaro (opposed), Antoinette Fischer. Commissioner Welsh said favoring the suggestion by former Commissioner Lew Sellars for considering an RT-6 as an alternative. Mayor Stoddard provided suggestions for modification of the site plan by showing an alternative visual. Suggestions were made for using Sunset for ingress/egress as opposed to the proposed 67 Ave. Vice Mayor Harris recommended taking the project back to the Planning Board, and that the Four-Story be removed from the proposal. Counsel Escarra explained that the Planning Board would not be seeing anything different since what came before the Commission was the same thing that was presented before the Planning Board. Mayor Stoddard asked what it would take to create a new land use category. Ms. Tompkins explained that it would involve a Comprehensive Plan request, a process that could take over six months. Commissioner Gil said to believe that the project is too dense, and that it could also create a precedent's issue. Mayor Stoddard then suggested a compromise by doing the Banyan's trick and rotate them. (lower density to the north) After quite a lengthy discussion among the Commission and the applicant, the items were approved for date certain to come back to the Commission by the second meeting in May, in order to allow time to the applicant to consider modifications to the plan as per Commission suggestions at this meeting. Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve An Ordinance amending the Official Zoning Map, amending the designation of an approximately 2.60 acre property generally located northwest of the intersection of SW 72nd Street and SW 67th Avenue, as legally described herein, from R Religious to RM-18 Low Density Multi-Family Residential, passed by a 4-1 vote: Yea: Nay : Mayor Stoddard Commissioner Welsh Commissioner Liebman Commissioner Gil Vice Mayor Harris CITY COMMISSION MINUTES April 17,

18 S. ORDINANCE(S) FIRST READING(S) 13. An Ordinance amending the South Miami Code of Ordinances Section regarding hours of operation of juke boxes, radios, etc. 3/5 (Commissioner Welsh) Moved by Commissioner Welsh, seconded by Commissioner Gil, the motion to approve An Ordinance amending the South Miami Code of Ordinances Section regarding hours of operation of juke boxes, radios, etc, passed by a 5-0 vote: T. ADJOURNMENT Attest Yea: Nay : Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil None Approved 13 Maria M. Menendez, CMC City Clerk Philip K. Stoddard, PhD Mayor CITY COMMISSION MINUTES April 17,

19 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER M E M O R A N D U M TO: FROM: The Honorable Mayor & Members of the City Commission Steven Alexander DATE: April 17, 2018 SUBJECT: Managers Report Lee Hefty of DERM informs me that the County is presently mobilized and performing canal clean-up following Hurricane Irma throughout the County, including the canals in South Miami (some of this work had been pending funding approval from FEMA). The City s Earth Day event is scheduled for April 27 at 10 AM and the SM Garden Club will be joining us for this event. The celebration at Fuchs Park will include tree planting, plant giveaways, small bites & refreshments. Come meet your local community garden club and tree advocates and receive free advice on planting and caring for trees. With regard to the comprehensive plan changes and rezoning of the LI district and the hole in the doughnut area, we are currently in negotiation for fees for the necessary planning background that needs to be sent to the State for approval prior to being able to actually enact this rezoning and revision of land use. The time estimate for completion once initiated is approximately nine months. The timeline Calvin Giordano put together takes into consideration more than just the concurrency review (e.g., any text amendments to the comprehensive plan needed to support the FLUM amendment). Further, our Planning Director believes a concurrency review is required per the LDC. All of these issues add to the time and complexity of the task. Because we re creating new land use and 19

20 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER M E M O R A N D U M zoning categories and we need to study the area to determine the appropriate levels of intensity and density of development. Specifically the required pathway for advancing this effort once the Commission has authorized the work is as follows: Kick-Off and Preliminary Review Meetings with City Staff, informal meetings with property owners Prepare Strike-thru and Underline Amendment Documents Staff Review of draft documents and edits as needed Planning and Zoning Board/LPA Public Hearing PZB Public Hearing PZB Requested CHANGES ADDRESSED? City Commission Public Hearing CC Public Hearing / 1 st Reading of Ordinance and Transmittal Prepare Transmittal to State and Review Agencies of Preliminary Documents State Expedited Review State and Review Agencies have 30 days to review and comments Review of State and Agency Comments Prepare Edits as needed City Commission Public Hearing CC Public Hearing / 2 nd Reading or Ordinance / Adoption Prepare Transmittal to State and Review Agencies of adopted documents State Expedited Review 20

21 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER M E M O R A N D U M Effective Date: 31 days following the date the State finds the packet complete, if not challenged. It s also worth pointing out that the zoning changes can be reviewed with the PB and Commission concurrently with the comprehensive plan changes, but they cannot be enacted until the comprehensive plan text and map changes are in place. Ms Kamali met with neighbors near the Stunna fitness business and all agreed that the title of the use was correct and that the activity would be acceptable in that location if it complied with the law. Ms Kamali and I met with Mr Varona this morning and encouraged him to come fully into compliance which seemed to be met with a positive reaction. 21

22 Agenda Item No:L.1 City Commission Agenda Item Report Meeting Date: May 1, 2018 Submitted by: Maria Menendez Submitting Department: City Clerk Item Type: Resolution Agenda Section: BOARDS AND COMMITTEES, APPOINTMENTS, ETC. Subject: Cornelius Harrington III has been appointed by Mayor Stoddard to the SMCRA Advisory Board as per City Charter Art. II, Sec. 8 A. Suggested Action: Attachments: L a.pdf 22

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29 Agenda Item No:L.2 City Commission Agenda Item Report Meeting Date: May 1, 2018 Submitted by: Maria Menendez Submitting Department: City Clerk Item Type: Resolution Agenda Section: BOARDS AND COMMITTEES, APPOINTMENTS, ETC. Subject: Laurie Kahn has been appointed by Commissioner Welsh to the SMCRA Advisory Board as per City Charter Art. II, Sec. 8 A. Suggested Action: Attachments: L b.pdf 29

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31 Agenda Item No:L.3 City Commission Agenda Item Report Meeting Date: May 1, 2018 Submitted by: Maria Menendez Submitting Department: City Clerk Item Type: Resolution Agenda Section: BOARDS AND COMMITTEES, APPOINTMENTS, ETC. Subject: Michell Hawkins has been appointed by Commissioner Gil to the SMCRA Advisory Board as per City Charter Art. II, Sec. 8 A. Suggested Action: Attachments: L c.pdf 31

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33 Agenda Item No:O.1 City Commission Agenda Item Report Meeting Date: May 1, 2018 Submitted by: Maria Menendez Submitting Department: City Clerk Item Type: Resolution Agenda Section: RESOLUTION(S) Subject: A Resolution for the City of South Miami to join the Seawall Coalition and support its mission. (Mayor Stoddard) Suggested Action: Attachments: Reso re Seawall Coalition.docx 33

34 RESOLUTION NO. A Resolution for the City of South Miami to join the Seawall Coalition and support its mission WHEREAS, flooding during king tides is already a costly nuisance and a problem that if unaddressed will grow worse as sea levels continue to rise, and WHEREAS, sea level rise has risen 8 inches since 1950 and its speed has increased threefold in recent years, with scientific projections forecasting another 8 inches of sea level rise in the next 20 years, and WHEREAS, sea level rise of just 4 inches in the last 10 years has increased flooding state-wide by 400%, and WHEREAS, sea level rise poses a unique threat to all Florida given the limestone bedrock beneath much of the state which allows rising sea water to infiltrate sewage systems, compromise septic systems, and threaten groundwater supplies via salt water intrusion, and WHEREAS, proactively investing to prevent flooding is a wiser use of resources than spending on flooding recovery, as exemplified by FEMA research showing that $1 of spent on disaster prevention saves $4 in recovery costs, and WHEREAS, national coordination and support are necessary for coastal towns to fully address the challenge of sea level rise and flooding, and the Seawall Coalition provides a platform advocating for national solutions to sea level rise and flooding that invest in and protect our coastal communities, and WHEREAS, the Seawall Coalition, is a forum for best practices and support in developing local and state-level responses to sea level rise and flooding that will enhance the City s sea level rise effort, and WHEREAS, sea level rise and flooding are important issues that our residents deserve to understand, and the Seawall Coalition provides opportunities and tools to communicate with residents on sea level rise challenges and solutions, and WHEREAS, joining the Seawall Coalition will aid the City s efforts to protect against flooding without requiring any financial support or dues from the City Commission, and WHEREAS, the City of South Miami received a storm surge warning for the first time during Hurricane Irma; and WHEREAS, the sewer upgrades that South Miami will need because of sea level rise are currently estimated in the range of $78 million; and WHEREAS, the City Commission finds that joining the Seawall Coalition will 34

35 promote the welfare of City residents and ensure the prosperity of the City economy by accelerating solutions to sea level rise and flooding. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission recognizes the need to advance national solutions to sea level rise and associated flooding and hereby joins will work as a member of the Seawall Coalition and supports its mission to safeguard the welfare of the City s residents. Section 2. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this th day of, ATTEST: APPROVED: CITY CLERK MAYOR LANGUAGE, LEGALITY, Mayor Philip Stoddard: AND EXECUTION THEREOF: Vice Mayor Walter Harris: Commissioner Luis Gil: Commissioner Josh Liebman: Commissioner Robert Welsh: CITY ATTORNEY 35 Page 2 of 2

36 Agenda Item No:Q.1 City Commission Agenda Item Report Meeting Date: May 1, 2018 Submitted by: Thomas Pepe Submitting Department: City Clerk Item Type: Ordinance Agenda Section: ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) Subject: An Ordinance amending the South Miami Code of Ordinances Section regarding hours of operation of juke boxes, radios, etc. (Commissioner Welsh) Suggested Action: Attachments: Ordinance Section AmendmentCArev.2pdf.pdf 36

37 ORDINANCE An Ordinance amending the South Miami Code of Ordinances Section regarding hours of operation of juke boxes, radios, etc. WHEREAS, the City of South Miami (the City ) strives to maintain the quiet enjoyment of the residential areas that are near commercial areas by regulating certain activities in the commercial zoning districts; and WHEREAS, the City s Code of Ordinances regulations the operation of juke boxes, radios, etc, at business establishments; and WHEREAS, the City wishes to further protect the comfort and well-being of its residents by regulating the playing of music in business establishments on properties within the NR zoning district; and WHEREAS, City staff recommends modifying Section of the City s Code of Ordinances to make it unlawful for a business establishment in the NR Neighborhood Retail zoning district to play or operate devices in such a manner so as to be audible from abutting residentially zoned districts; and WHEREAS, the City Commission desires to accept the recommendation of City Staff. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section of the City of South Miami Code of Ordinances is hereby amended to read as follows: Same Hours of operation of juke boxes, radios, etc. It shall be unlawful for any person owning, occupying or having charge of any business establishment, or any part thereof, in the Ccity, to cause or suffer to cause the playing or operating of music boxes, juke boxes, radios, musical instruments or any other musical devices or any devise that amplifies a person s voice on or about the premises between the hours of 11:00 p.m. and 7:00 a.m. the following day, unless such music boxes, juke boxes, radios, musical instruments and other devices are played or operated in a closed building and the sound is not audible from outside the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. Further, it shall be unlawful for any person owning, occupying or having charge of any business establishment, or any part thereof, in the NR zoned district to cause or suffer to cause the playing or operating of any of such devices at any time of the day or night and in such a manner that it is audible from any property located within any residentially zoned districts. Upon a second conviction or civil finding of a violation of this section by a licensee or a holder of a business tax receipt, the presiding judge or presiding officer 37

38 may, at his or her discretion, suspend or revoke and/or terminate any such license or business tax receipt under this Code to the offending licensee. Notwithstanding the above, the City Commission may extend the hours of any musical performance for any business establishments that providesing live music performances in any C-2, C-2R, C-3 or I GR, SR, or TODD zoninge district of the Ccity, may extend the hours above until the normal closinge time of the particular business., In order to be allowed to extend the hours of the musical performance, the business must submit an application, on a City approved form, along with upon the establishment providing a complete set of plans and specifications, regarding the music devices and facilities, intended to be utilized for the review of to the Ddirector of the department of Planning and Zoning Department for his or her review and approvalbuilding, zoning and community development. The Ddirector shall then make recommendations to the for final Ccity Ccommission for final action on the application. Such plans must provide that the maximum decibel level of music provided shall not exceed the permitted range established by O.S.H.A. Additionally, no more than a three-piece live band [shall] be utilized. In no event may the business establishment utilize Ccity streets, sidewalks or other rightsof-way for these purposes, and it is further provided that should the music produced violate section of this Code, the business establishment shall immediately permanently cease providing live music performances. Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended. Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this day of, ATTEST: APPROVED: CITY CLERK MAYOR 1 st Reading 2 nd Reading 38

39 READ AND APPROVED AS TO FORM: COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Harris: Commissioner Liebman: Commissioner Welsh: Commissioner Gil: CITY ATTORNEY 39

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42 Agenda Item No:S.1 City Commission Agenda Item Report Meeting Date: May 1, 2018 Submitted by: Maria Menendez Submitting Department: City Attorney Item Type: Ordinance Agenda Section: ORDINANCE(S) FIRST READING(S) Subject: An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section G to provide for voluntary off-site tree mitigation. (Commissioner Welsh) Suggested Action: Attachments: (G) Mitigation off sitebwcarev(2)clean(1).doc 42

43 ORDINANCE NO. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section G to provide for voluntary off-site tree mitigation WHEREAS, Section G. (3) currently only allows for off-site mitigation when the total number of trees to be planted cannot be accommodated on the property in question because of the available space; and WHEREAS, there are property owners who would rather have more sunlight and/or plan on future renovations and/or who feel that their property is not able to accommodate canopy replacement trees and when the replacement trees would do better if placed on other properties with sufficient space to permit the trees in question to grow to their natural sizes; and WHEREAS, the City desires to amend Chapter 20, Article IV, Section G to provide for voluntary off-site tree mitigation. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Chapter 20, Article IV, Section G. (3) of the Land Development Code for the City of South Miami, Florida, is hereby amended and shall read as follows: G. Tree Mitigation. All tree mitigation required by this ordinance shall be accomplished in accordance with the requirement set forth in the Miami-Dade County Landscape Manual and or Miami-Dade County Chapter 24-49, as well as in compliance with the provisions of this Section. All replacement trees shall be a minimum of a Florida Grade 1 per the grades and Standards of the State of Florida. * * * (3) Off-Site Mitigation. If the total number of trees required as mitigation cannot be reasonably planted on the subject property, the applicant may enter into agreement with the City, to plant excess number of replacement trees on public property within the City or at the option of the City to make a payment to the Tree Trust Fund in accordance with the schedules herein. In the event that a owner is required to replace a tree but does not want to replace the tree on the owner's property, the owner shall be given 60 days to find another location that is within the City and approved by the City Arborist. The new approved Off-site location may be either on public or private property but it shall have sufficient space to permit the trees in question to grow to their natural sizes. If such trees are planted Offsite, the trees shall be maintained in a healthy and viable condition for a period of five years. If any of the mitigation trees are not viable at any time within the fiveyear period, the owner shall be required to pay into the tree mitigation fund the value of the trees that are no longer heathy and viable. 43

44 Section 2. Codification. The provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of South Miami as amended. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 5. Effective Date. enactment. This ordinance shall become effective upon PASSED AND ENACTED this day of, ATTEST: CITY CLERK 1 st Reading 2 nd Reading APPROVED: MAYOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard: EXECUTION THEREOF Vice Mayor Harris: Commissioner Welsh: Commissioner Liebman: Commissioner Gil: CITY ATTORNEY 44

45 Agenda Item No:S.2 City Commission Agenda Item Report Meeting Date: May 1, 2018 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Ordinance Agenda Section: ORDINANCE(S) FIRST READING(S) Subject: An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from noise generated from outdoor seating/dining by amending Section (E) of the City of South Miami Land Development Code regarding outdoor dining. Suggested Action: Attachments: Cover Memo NR Outdoor Dining Amendment first reading docx NR Outdoor Dining Text Amendment first reading line numbers.docx NR Outdoor Dining Text Amendment first reading.docx PB Draft PB Meeting Minutes Excerpt docx 45

46 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: VIA: FROM: The Honorable Mayor & Members of the City Commission Steven J. Alexander, City Manager Jane K. Tompkins, AICP, Planning Director Date: May 1, 2018 SUBJECT: An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from noise generated from outdoor seating/dining by amending Section (E) of the City of South Miami Land Development Code regarding outdoor dining. BACKGROUND: Outdoor dining/seating is currently allowed on all commercial properties except for those zoned RO Residential Office and located outside of the Hometown District Overlay. During a recent discussion of the relevant section of the Land Development Code (LDC), Commissioner Welsh requested an ordinance prohibiting outdoor dining/seating in the NR Neighborhood Residential district out of concern for its potential impacts on nearby residential neighbors. ANALYSIS: The NR district s purpose is to permit convenience commercial uses which provide for the everyday retail and personal service needs of nearby residential neighborhoods in a compatible and convenient manner. There are currently three (3) areas of NR zoning: along SW 62 nd Avenue between SW 64 th and 69 th streets, the Winn Dixie property on SW 73 rd Street, and the southwest corner of Red Road and SW 74 th Street. The last two areas are in the Hometown District Overlay and abut other commercial properties or multi-family properties. The area along 62 nd Avenue abuts single-family residences to the west. The proposed amendment will prohibit outdoor dining/seating in NR zoned properties outside of the Hometown District Overlay. While restaurants will still be allowed on these properties, outdoor dining/seating will not be permitted in order to protect residential neighbors from the noise generated by such activity. PLANNING BOARD RECOMMENDATION: Following a public hearing and discussion on the item on April 10, 2018, the Planning Board was deadlocked on its recommendation. Pursuant to Section (B)(4) of the Land Development Code, the recommendation is recorded as No Comment. Members seemed concerned that the ban was broader than necessary, and some properties could provide outdoor dining without 46