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_Ha1 2 3 ~ 10 11 12 13 14 15 l' 24 25 2' 30 31 33 34 City of South Miami Regular City Commission Minutes April 16, 2013 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: Commissioner Harris, Commissioner Welsh, Commissioner Newman, Mayor Stoddard, Vice Mayor Liebman. i, C c Also in attendance were: City ManagerSteven Alexander, City Attorney Thomas F. Pepe, City Clerk Maria M. Menendez. D. MOMENT OF SILENCE E. PLEDGE OF ALLEGIANCE F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITHTHE CITY CLERK G. PRESENTATIONS NONE H. APPROVAL OF MINUTES a) Minutes of April 2, 2013 The Minutes of April 2, 2013 were unanimously approved as presented. I. CITY MANAGER'S REPORT 35 The following is a summary of the Manager's Report: Various RFPs underway; an 36 update on the Sylva Martin renovation and the swimming pool projects; information regarding 37 the Summer Camp; a check point to take place this Friday; announced that he joined the 38 County Annexation Committee. CITY COMMISSION MINUTES April 16, 2013 1 1 J. CITY ATTORNEY'S REPORT 2 3 The following is a summary of the City Attorney's Report: the ongoing issues with 4 the YMCA; working on the Chief of Police complaint; conducted research with regard to Dr. 5 Palmer's conflict of interest for serving on the Planning Board concluded that she will have to 6 make a decision. S K. PUBLIC REMARKS 9 10 The following individuals addressed the Commission: Sharon McCain, Bradley 11 Cassel, Dick Ward, Denise Covington, Antoinette Fischer; 14 15 16 17 t~ 22 23 24 25 26 COMMISSION REPORTS, DISCUSSION & RtiMARKS ,<' /;\ The following is a summary of Carri'mission Reports: the proposed doggie park project; urging residents to bring batteries for recycling; Cl pr9Posed amendment to the "noise" ordinance; the city manager selectibnpfOcess. M. CONSENT AGENDA 1. A Resolution urging supp()rt of CovenClrit Day on/Xpril17, 2013. (Mayor Stoqdard)·· Florida Military Family and Community 3/5 Moved by Mayor Stodclard,secorided by Commissioner Newman, the motion to approve ResolutionNo. 75.-13-13893 urging support of Florida Military Family and Community Covenant Day on April 17,2013, passed by a 5 -° vote: Yea: Nay: Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None 3. A Resolution authorizing the City Manager to enter into a contract with Florida Construction & Engineering, Inc. for a contract price not to exceed $81,061 for the City Hall Sewer Connection Project, to be charged to General Obligation Fund account number 114-4010-541-3450. 3/5 (City Manager-Public Works) CITY COMMISSION MINUTES April 16, 2013 2 •. 1 2 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to 3 approve Resolution No. 76-13-13894 authorizing the City Manager to enter into a contract with 4 Florida Construction & Engineering, Inc. for a contract price not to exceed $81,061 for the City 5 Hall Sewer Connection Project, to be charged to General Obligation Fund account, passed by a 6 5 -0 vote: 7 10 11 12 13 14 15 16 19 Yea: Nay: Commissioner Harris Commissioner Welsh Commissioner Newmal1> .. Vice Mayor Liebman Mayor Stoqqard None 4. A Resolution relating to soliciting request for·· proposals for concurrency and impact fee studies foqhe City of SouthMiami; authorizing the/City Manager to enter into a contrcfct.dot to exceed one (1) year from the dat~ of award for professional services \,yithTisChler Bise, Incorporated. 3/5 (City Manager-Planning&Zoning) Moved by MaygK~t!'Jd?rd, seco~1~~"y Cpmmissioner Newman, the motion to approve Resolution No;,il-13-13895 soliciti~greql.lest for proposals for concurrency and impact fee studies for theCity of South Miami; authorizing the City Manager to enter into a contract not to exceed one (l)ye#trom the date of award for professional services with Tischler Bise,lncorporated,pass~gbya 5-0 vote: Yea: Nay: Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None 5. A Resolution appointing Donna Shelley to serve on the Environmental Review and Preservation Board for an unexpired term ending October 17, 2013. 3/5 (Commissioner Newman) 20 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to 21 approve Resolution No. 78-13-13896 appointing Donna Shelley to serve on the Environmental CITY COMMISSION MINUTES April 16, 2013 3 1 Review and Preservation Board for an unexpired term ending October 17, 2013, passed by a 5- 2 0 vote: 3 6 7 ~ 10 11 13 14 15 16 17 18 19 Yea: Nay: Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None 6. A Resolution appointing Spencer Y()lJng to serve on the Environmental Review and Preservation Board for a tWR7i~~r term ending April 15, 2015. 3/5 (City Commission) This item was withdrawn. 8. A Resolution appointingA"toinette Fischer to serve on the Citizens Advisory Group (Urban Landsccfpe)forCltwo-year term ending April 15, 2015. 3/5 (Commission Harris) This item waswith&awn. . . . - 9. A Resolution authorizing the City Manager to accept the grant award in the amount of$77,910.:00.from the South Florida High Intensity Drug Trafficking Areas (SFLHIDTA}pr8 gram. 3/5 (City Manager-Grants) , .,' " Moyed by Mayor Stoddard, seconded by Commissioner Newman, the motion to approve Resolution No.79-13-13897 authorizing the City Manager to accept the grant award in the amount of $Tl,910.00 fromthe South Florida High Intensity Drug Trafficking Areas (SFLHIDTA) Program,passed bya5 -0 vote: Yea: Nay: Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None 10. A Resolution authorizing the City Manager to renew and execute the contract CITY COMMISSION MINUTES April 16, 2013 4 1 to pay the salary and vehicle compensation for the Deputy Director of South Florida HIDTA, Widell, LLC, from the South Florida High Intensity Drug Trafficking Areas (SFLHIDTA) grant in the amount of $77,910.00. 3/5 (City Manager-Police) 2 Moved by Commissioner Harris, seconded by Commissioner Newman, the motion to 3 approve Resolution No. 80-13-13898 authorizing the City Manager to renew and execute the 4 contract to pay the salary and vehicle compensation for the Deputy Director of South Florida 5 HIDTA, Widell, LLC, from the South Florida High Intensity DrugTrafficking Areas (SFLHIDTA) 6 grant in the amount of $77,910.00, passed by a 5 -0 vote: 7 12 Yea: Nay: N. RESOLUTION(S) Com m issi0n,erHa rris Commissioner Welsh Commissi()l1er Newman Vice Mayor Liebman Mayor Stoddard 2. A Resolution authorizing the City Manager to· permit Team FootWorks Educational and Fitness Corporation, a non-for-profit organization to hold its 25th Annual Twiligb~; 5K Walk/Run event on Sunday, June 2nd, 2013, in South Miami's downto\IVna'rea and surrounding streets. 3/5 (City Manager~c:()de Enforcement) 13 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to approve 14 Resolutiohl'Jo. 81-13-13899 authoriiingthe City Manager to permit Team FootWorks 15 Educationaland Fitness Corporation, a n()n-for-profit organization to hold its 25th Annual 16 Twilight 5K Walk/Run event on Sunday, June 2nd, 2013, in South Miami's downtown area and 17 surrounding streets, passed bya 4 -0 vote: 18 Yea: Nay: Commissioner Harris Commissioner Welsh Commissioner Newman Mayor Stoddard None 7. A Resolution appointing Antoinette B. Fischer to serve on the Planning Board for a two-year term ending April 15, 2015. CITY COMMISSION MINUTES April 16, 2013 5 3/5 (Committee of the Whole) 1 2 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve 3 Resolution No. 82-13-13900 appointing Antoinette B. Fischer to serve on the Planning Board for 4 a two-year term ending April 15, 2015, passed by a 3 -2 vote: 5 8 Yea: Nay: Commissioner Harris Commissioner Welsh Mayor Stoddard Commissioner Newman Vice Mayor Liebman 11. A Resolution creating an Audit Committee to establish criteria, review and assist in the process of selectingan auditor. 3/5 (City Commission) 9 Moved by Mayor Stoddard/seconded by Commissioner Harris, the motion to approve as 10 amended Resolution No. 83-13-13901c;~eatingan Audit Committee to establish criteria, review 11 and assist in the process of selecting an allditor, passed by a 5 -0 vote: 12 Nay: 13 CommissionerirHarris •.. Co~missioner Wel~h<;:·· .;' i. Commissioner Newman Vice Mayor Liebman Mayor Stoddard None 14 {Add-On Item} 15 alA Resolution appointing Holly Zickler to serve on the Environmental Review and 16 Preservation Board for a two-year term ending April 15, 2015. 3/5 17 (City Commission) 18 19 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve as 20 amended Resolution No. 84-13-13902 creating an Audit Committee to establish criteria, review 21 and assist in the process of selecting an auditor, passed by a 5 -0 vote: 22 Yea: CITY COMMISSION MINUTES April 16, 2013 Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman 6 5 6 7 8 18 H 13 Nay: Mayor Stoddard None O. RESOLUTION(S) PUBLIC HEARING(S) P. 12. A Resolution relating to a request pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 7209 SW 59 Avenue, within the Specially RetaillSR", Hometown District Overlay "HD-OV" zoning district. 3/5 (City Manager-Planning & Zoning) The public hearing was opened and S.haron McCain addressed the Commission. Mr. Brimo addressed the Commission for further clarification. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 13. An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from TODD (4+4 Story) to Hospital, for an areaidentified as 7031 SW 62 Avenue (Larkin Community H6spital) -Folio #09-4025~027-0010. 4/5 (Cify Manager-Planning & Zoning) 14 The public he'a'ringwas opened and the following individuals addressed the 15 Commission: Sharon McCain,.Antoinette Fischer. 16 17 18 Attorney Simon Ferro representing the applicant also addressed the Commission. 19 Moved by Commissioner Newman, seconded by Vice Mayor Liebman, the motion to 20 approve An Ordinance No. 11-13-2158 amending the Future Land Use Map of the South Miami 21 Comprehensive Plan by changing the future land use map category from TODD (4+4 Story) to 22 Hospital, for an area identified as 7031 SW 62 Avenue, passed by a 4 -1 vote: 23 Yea: Nay: Commissioner Harris Commissioner Newman Vice Mayor Liebman Mayor Stoddard Commissioner Welsh 14. An Ordinance relating to a request to amend the official zoning map of the City CITY COMMISSION MINUTES April 16, 2013 7 1 of South Miami land development code by changing the zoning use district from "TODD MU-5" mixed use 5 to "H" hospital, for property located 7031 SW 62 Avenue (Larkin Community Hospital) -Folio #09-4025-027-0010. 3/5 (City Manager-Planning & Zoning) 2 The City Attorney addressed the Commission for clarification regarding the 3 question relating to the hospital being allowed to advertise for a nursing school. 4 5 The public hearing was opened and the following individuals addressed the 6 Commission: Denise Covington, Sharon McCain. 7 8 Attorney Simon Ferro representing t~e'applicant also addressed the Commission. 9 ,', ". 10 Moved by Commissioner Newman, seconded by Mayor Stoddard~the motion to 11 approve An Ordinance No. 12-13-2159 to amend the official zoning mapofth~ City of South 12 Miami land development code by changing the zoning us~district from "TODDMU-5" mixed 13 use 5 to "H" hospital, for property Iqcated 7031 SW 62 Avenue, passed by a 5-0 vote: 14 17 Yea: Nay: Commissioner Harris , , Commissioner Welsh Con,~issionerNevvman Vice Mayor pebman Mayor Stoddard None 15. An Ordinance investing authority in the City Manager to amend the City of South Miami Personnel Rules that are not in conflict with Chapter 16A. 3/5 (City Manager) 18 The public hearing was opened and the following individuals addressed the 19 Commission: Bradley Cassel, Denise Covington, Antoinette Fischer and Sharon McCain. 20 21 The Commission discussed the proposed ordinance with some of the members 22 recommending deferral until they had a chance to conduct further research. 23 24 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to defer An 25 Ordinance investing authority in the City Manager to amend the City of South Miami Personnel 26 Rules that are not in conflict with Chapter 16A, passed by a 5 -0 vote: 27 Yea: CITY COMMISSION MINUTES April 16, 2013 Commissioner Harris 8 5 6 7 8 Nay: Q. ORDINANCE(S) FIRST READING R. ADJOURNMENT Attest Maria M. Menendez City Clerk CITY COMMISSION MINUTES April 16, 2013 Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None .... Approved .. Philip K.Stoddard Mayor 9