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HomeMy WebLinkAboutPre-LegislationCity of Miami Legislation Resolution: R-16-0303 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16-00853 Final Action Date: 6/23/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION ("CITY COMMISSION") DIRECTING THE CITY MANAGER TO CREATE A NEW SECTION IN THE CITY COMMISSION AGENDA TITLED FUTURE LEGISLATION; DIRECTING THE CITY OF MIAMI ADMINISTRATION ("CITY ADMINISTRATION") TO PUBLISH ANY AMENDMENT TO THE CITY OF MIAMI CODE, OR TEXT AMENDMENT TO THE MIAMI 21 CODE, SPONSORED OR CO -SPONSORED BY THE CITY ADMINISTRATION AT LEAST SIXTY (60) DAYS PRIOR TO FIRST READING FOR PUBLIC COMMENT; DIRECTING THE CITY MANAGER TO RE -OPEN THE PUBLIC COMMENT PERIOD FOR FIFTEEN (15) DAYS AFTER THE PROPOSED AMENDMENT IS PUBLISHED AFTER FIRST READING; AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO MAINTAIN ALL COMMENTS SUBMITTED BY THE PUBLIC. WHEREAS, Section 1-8 of the Code of the City of Miami, as amended, ("City Code") allows for ordinances in the City Code to be amended or repealed; and WHEREAS, Section 166.041(3)(a) of the Florida Statutes, as amended, ("Florida Statutes") requires that any proposed ordinance be read by title, or in full, on at least two (2) separate days; and WHEREAS, Section 166.041(3)(a) of the Florida Statutes further requires that any proposed ordinance shall be noticed at least once in a newspaper of general circulation in the municipality at least ten (10) days prior to adoption; and WHEREAS, pursuant to Section 2-33(c) of the City Code, matters may be placed on an agenda for a Miami City Commission ("City Commission") meeting by the Mayor, any member of the City Commission, the City Manager, the City Attorney, the City Clerk, or a City Board; and WHEREAS, pursuant to Section 2-33(c) of the City Code, the agenda shall be prepared by the City Manager in an appropriate form approved, from time to time, by the City Commission; and WHEREAS, the agenda for each regular City Commission meeting including each resolution and ordinance and all attachments, back-up material, and supporting documentation shall be furnished to members of the City Commission at least five (5) full business days in advance pursuant to Sections 2-33(e) and (h) of the City Code; and WHEREAS, all requests, petitions, and applications to be placed before the Mayor and City Commission for a decision shall be in the hands of the City Manager at least twenty-one (21) days prior to a regular meeting, pursuant to Section 2-33(d) of the City Code; and WHEREAS, the City Commission wishes to create more transparency for amendments to the City Code and text amendments to the Miami 21 Code, the Zoning Ordinance of the City of Miami ("Miami 21 Code"), sponsored or co -sponsored by the City of Miami Administration ("City Administration"); and City of Miami Page 1 of 3 File Id: 16-00853 (Version: 2) Printed On: 5/7/2020 File Number: 16-00853 Enactment Number: R-16-0303 WHEREAS, the City Commission also wishes to have, as well as provide to the public, additional time to consider amendments to the City Code and text amendments to the Miami 21 Code sponsored or co -sponsored by the City Administration; and WHEREAS, the City Commission further wishes to provide the public with increased participation in amending the City Code and the Miami 21 Code through a formalized public comment mechanism and process; 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 Manager is directed to create a new section in the City Commission agenda titled Future Legislation to inform the public of any amendments to the City Code or the Miami 21 Code sponsored or co -sponsored by the City Administration. Items placed in the Future Legislation section shall require no action from the City Commission. The City Administration shall publish the full title of the proposed amendment with a link to the designated e-mail address and website, and the last day for which public comment may be submitted to the City Manager or his designee for consideration prior to first reading and second reading. Section 3. The City Administration is directed to publish any amendment to the City Code, or text amendment to the Miami 21 Code, sponsored or co -sponsored by the City Administration, at least sixty (60) days before the amendment is placed on the City Commission agenda for first reading. Section 4. The City Manager or his designee shall maintain a record of all comments received from the public, at a designated e-mail address or website, up to fifteen (15) days prior to the first reading of the proposed amendment and the comments shall be included as supporting documentation for the proposed amendment. Section 5. The public comment period shall re -open for fifteen (15) days after the proposed amendment is published after first reading. Section 6. The City Manager or his designee shall also maintain a record of all comments received after first reading and prior to second reading from the public at a designated e-mail address or website up to fifteen (15) days prior to the second reading of the proposed amendment and the comments shall be included as supporting documentation for the proposed amendment to the City Code, or text amendment to the Miami 21 Code, sponsored or co -sponsored by the City Administration. Section 7. The City Manager or his designee shall prepare a memorandum that acknowledges comments received from the public to the proposed amendment to the City Code or text amendment to the Miami 21 Code; recommends for or against any modifications to the proposed amendment to the City Code, or text amendment to the Miami 21 Code, based on public comment; and suggests how any recommended modifications may be incorporated into the proposed amendment to the City Code or text amendment to the Miami 21 Code. The memorandum shall be included as supporting documentation to the proposed amendment to the City Code or text amendment to the Miami 21 Code. Section 8. This Resolution shall not apply to amendments to the Miami 21 Zoning Map or City of Miami Page 2 of 3 File Id: 16-00853 (Version: 2) Printed On: 5/7/2020 File Number: 16-00853 Enactment Number: R-16-0303 amendments to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan. Furthermore, the City Commission may waive the requirements of this Resolution by a four -fifths (4/5ths) affirmative vote for an emergency ordinance in accordance with Section 166.041(3)(b) of the Florida Statutes or any other ordinance deemed to be in the best interest of the health, welfare, or safety of the public. Section 9. This Resolution shall not apply to amendments to the City Code or text amendment to the Miami 21 Code proposed by any elected official who is the primary sponsor of the amendment. Section 10. This Resolution shall become effective immediately upon its adoption and signature of the Mayor {1}. Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City. City of Miami Page 3 of 3 File Id: 16-00853 (Version: 2) Printed On: 5/7/2020