HomeMy WebLinkAboutResolutionCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-01303 Final Action Date: 9/22/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ADMINISTRATION TO AMEND THE ORDER OF BUSINESS AND RULES OF
PROCEDURE OF THE CITY COMMISSION AGENDA, PURSUANT TO SECTION
2-33(c)(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TO ALLOW ANY MEMBER OF THE PUBLIC TO SPEAK ON ANY MATTER
THAT MAY BE ACTED UPON BY THE CITY COMMISSION AFTER THE MAYORAL
VETOES AGENDA SECTION HAS BEEN CONSIDERED AND PRIOR TO THE
CONSIDERATION OF THE REMAINDER OF THE AGENDA; FURTHER DIRECTING
THE CITY ADMINISTRATION TO AMEND THE CITY COMMISSION AGENDA
REQUIRING THE CITY COMMISSION TO VOTE ON THE PUBLIC HEARINGS
SECTION AFTER THE PUBLIC COMMENT PERIOD HAS CONCLUDED; FURTHER
DIRECTING THE CITY ADMINISTRATION TO AMEND THE CITY COMMISSION
AGENDA REQUIRING THAT AT LEAST ONE (1) OF THE PUBLIC HEARINGS HELD
FOR PROPOSED ORDINANCES THAT CHANGE THE ACTUAL LIST OF
PERMITTED, CONDITIONAL, OR PROHIBITED USES WITHIN A ZONING
CATEGORY, OR CHANGE THE ACTUAL ZONING MAP DESIGNATION OF A
PARCEL OR PARCELS OF LAND INVOLVING TEN (10) CONTIGUOUS ACRES OR
MORE BE HELD AFTER 5:00 P.M., UNLESS THE CITY COMMISSION, BYA
MAJORITY PLUS ONE (1) VOTE, ELECTS TO CONDUCT THE HEARING AT
ANOTHER TIME OF THE DAY; FURTHER DIRECTING THE CITY
ADMINISTRATION TO DRAFT AN AMENDMENT TO SECTION 2-33(j) OF THE CITY
CODE TO ELIMINATE THE "CONSENT AGENDA" FROM THE CITY COMMISSION
AGENDA; APPROVING THAT THE CITY COMMISSION SHALL CONSIDER ALL
ITEMS IN A GIVEN SECTION OF THE AGENDA IN ONE (1) VOTE UNLESS A
SPECIFIC ITEM IS REQUESTED TO BE PULLED FOR FURTHER DISCUSSION;
FURTHER DIRECTING THE CITY MANAGER TO AMEND ALL APPLICABLE CITY
ADMINISTRATIVE POLICY MANUALS TO COMPORT WITH THE PROVISIONS OF
THIS RESOLUTION.
WHEREAS, pursuant to Section 2-33(c)(1) of the Code of the City of Miami, Florida, as
amended ("City Code"), the agenda shall be prepared by the City Manager in an appropriate form
approved, from time to time, by the Miami City Commission ("City Commission"); and
WHEREAS, Section 286.0114(2), Florida Statutes, states that members of the public shall be
given a reasonable opportunity be heard on a proposition before a board or commission; and
WHEREAS, Section 286.0114(2), Florida Statutes, further states that the opportunity to be
heard need not occur at the same meeting at which the board or commission takes official action on
the proposition if the opportunity occurs at a meeting that is during the decisionmaking process and is
within reasonable proximity in time before the meeting at which the board or commission takes the
official action; and
City of Miami Page 1 of 3 File Id: 16-01303 (Version: 11 Printed On: 9/9/2024
File Number: 16-01303
WHEREAS, Section 286.0114(4), Florida Statutes, allows the City Commission to establish
the rules or policies that, among other items, designate a specified period of time for public comment;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission directs the City Administration to amend the Order of
Business and Rules of Procedure of the City Commission agenda to allow any member of the public
to speak on any matter that may be acted upon by the City Commission after the mayoral vetoes
agenda section has been considered and prior to the consideration of the remainder of the agenda.
Section 3. The City Commission further directs the City Administration to amend the City
Commission agenda to have the public hearings section immediately after the public comment period
has concluded.
Section 4. The City Commission further directs the City Administration to amend the City
Commission agenda requiring that, pursuant to Section 166.041(3)(c)(2), Florida Statutes, one (1) of
the two (2) required public hearings held for proposed ordinances that change the actual list of
permitted, conditional, or prohibited uses within a zoning category, or change the actual zoning map
designation of a parcel or parcels of land involving ten (10) contiguous acres or more be held after
5:00 p.m., unless the City Commission, by a majority plus one (1) vote, elects to conduct the hearing
at another time of the day.
Section 5. The City Commission further directs the City Administration to draft an amendment
to Section 2-33(j) of the City Code to eliminate the "consent agenda" from the City Commission
agenda.
Section 6. The City Commission shall consider all items in a given section of the agenda in
one (1) vote unless a specific item is requested to be pulled for further discussion.
Section 7. The City Commission further directs the City Manager to amend all applicable City
Administrative Policy Manuals to comport with the provisions of this Resolution.
Section 8. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
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File Number: 16-01303
{1} This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten
(10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon the override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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