_H b)..
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City of South Miami
Regular City Commission Minutes
June 4,2013
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
e. ROLL CALL
..
11 The following members of the City Comm iss ion were present: Commissioner Harris,
12 Commissioner Welsh, Commissioner Newm a n, M ayor Stoddard, Vic e M ayor Liebman.
13
14 Also in attendance were: City At torn ey Thoma s F. Pe pe, Esq., Cit y M anager Steven
15 Alexander and City Clerk Maria M. M e nendez, CMe.
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31
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D. MOMENT OF SILENCE
E. PLEDGE OF ALLE GIANCE
F. LOBBYIST(S) ADDRESSIN G THE CITY CO MMISSION TONIGHT MUST HAVE BEEN
REGISTERED WIT H THE CIT Y CLERK
G. PR ESE NTATIONS
£1 Go m ez. Bark e r Ass o ciates-, Inc . -End -of-Sessi on Re p ort (2 013)
H. APPROVA L OF MINUTES
a) Minutes o f May: 21, 2013
The Minutes of M ay 21, 2013 were unanimously approved.
1. CITY MANAGER'S REPORT
35 The following is a summary of the Manager's Report: Attorney Greenberg was hired
36 as counsel for the Charter Review Committee; we received a letter from the County informing
37 about the revenues for taxable values for tangible personal property, residential and
CITY COMMISSION MINUTES
June 4, 2013
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1 commercial real estate with a .2% increase in our property value; the City Branding Selection
2 Committee is in the process of reviewing seven proposals; we are ready to start moving into the
3 Sylva Martin Building; we received the 50% plans for the pool which will be going to the ERPB
4 on June 18.
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J. CITY ATIORNEY'S REPORT
7
8 The following is a summary of the City Attorney's Report: need to schedule a shade
9 meeting for the next Commission meeting for seeking advice on the Figueredo case, and also
10 for the Metro South case; working on the development agreement for Madison Square; on the
11 Southeastern Investments case, the attorney is withdrawing; on the MRP matter regarding
12 parking meters charge; working with the City Manager for his contract.
13
14 Vice Mayor Liebman suggested having valet parking inside the garage in order to
15 clear the street from parked cars-the City Attorney advised that the lease agreement with MRP
16 would have to be amended with regard to the Vice Mayor's proposal.
H
K. PUBLIC REMARKS
19
20 The following individuals addressed the Commission: Dr. John Hopkins, Yvonne
21 Beckman, Antoinette Fischer, Marice Chael, Dick Ward, Beth Schwartz, Ariene Ferris, Deltravis
22 Williams, John Edward Smith, Brad Cassel, Hans Huseby.
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L. COMMISSION REPORTS, DISCUSSION & REMARKS
25
26 The following is a summary of the Commissioners' comments: about the helipads
27 proposed ordinance; bringing ideas from attending a recent Energy Conference; about the
28 groundbreaking for the pool-the City Manager explained that he will be asking the County for
29 an extension; possible code violation relating to a wrapped car with advertisement parked on
30 62 Avenue and 84 Street; the inspection station to be considered for leasing it for storing cars
31 from nearby auto shops; about the successful 5K Team Footworks held on Sunday, June 3rd,
32 thanking the Police and the Explorers who did a great job; also thanking the Police and the Fire
33 Department for the prompt response to the fire at the Senior building; the CIP Workshop was
34 scheduled at this time for Wednesday, June lih, at 7:00 p.m.; a Workshop relating to Mr.
35 Alexander's contract was also scheduled for June lih at 8:00 p.m.
~~
M. CONSENT AGENDA
1. A Resolution appointing Darryl Morrison to serve on the Parks and Recreation
Board for a two-year term ending June 3, 2015. 3/5
CITY COMMISSION MINUTES
June 4, 2013
2
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(Mayor Stoddard)
1
2 Moved by Commissioner Harris, seconded by Vice Mayor Liebman, the motion to
3 approve Resolution No. 113-13-13931 appointing Darryl Morrison to serve on the Parks and
4 Recreation Board for a two-year term ending June 3, 2015, passed by a 5 -0 vote:
5
8
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
2. A Resolution appointing Nick Stieglitz to serve on the Parks and Recreation
Board for a two-year term ending June 3, 2015. 3/5
(City Commission)
9 Moved by Commissioner Harri s, s econded by Vice Mayor Liebman, the motion to
10 approve Resolution No. 114-13-13932 appointing Nick Stieglitz to serve on the Parks and
11 Recreation Board for a two-year term ending June 3,2015, passed by a 5 -0 vote:
12
15
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
3 . A Resolution appointing Raul Carreras to serve on the Planning Board for a
two-year term ending June 3, 2015. 3/5
(City Commission)
16 Moved by Commissioner Harris, seconded by Vice Mayor Liebman, the motion to
17 approve Resolution No. 115-13-13933 appointing Raul Carreras to serve on the Planning Board
18 for a two-year term ending June 3, 2015 passed by a 5 -0 vote:
19
Yea :
CITY COMMISSION MINUTES
June 4, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
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2
3
4
5
6
7
4.
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Nay:
Mayor Stoddard
None
A Resolution authorizing the City Manager to enter into a contract with R.P.
Utility and Excavation Corp. for a contract price not to exceed $19,850.00 for
the Sylva Martin Drainage Project, to be charged to Capital Improvement
Program Fund account number 301-1790-519-6450. 3/5
(City Manager-Public Works)
8 Moved by Commissioner Harris, seconded by Vice. Mayor Liebman, the motion to
9 approve Resolution No. 116-13-13934 authorizing the City Manager to enter into a contract
10 with R.P. Utility and Excavation Corp. for a contract price not to exceed $19,850.00 for the Sylva
11 Martin Drainage Project, to be charged to Capital Improvement Program Fund account, passed
12 by a 5 -0 vote:
13
16
Yea:
Nay:
Commissioner lcIarris
Commissioner Welsh
Commissioner Newman
~ice Mayor Liebman
Mayor Stoddqrd
None
5. A Resolution authorizing the City Manager to pay Coreland Construction Corp.
$7,972.57 for the emergency water leak repair by City Hall and Library
entrance to be charged to account 001-1790-519-3450. 3/5
(City Manager-Public Works)
17 Moved by Commissioner Harris, seconded by Vice Mayor Liebman, the motion to
18 approve Resolution No. 117-13-13935 authorizing the City Manager to pay Coreland
19 Construction Corp. $7,972.57 for the emergency water leak repair by City Hall and Library
20 entrance to be charged to account 001-1790-519-3450, passed by a 5 -0 vote:
21
Yea :
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
9. A Resolution authorizing the City Manager to expend an amount not to exceed
CITY COMMISSION MINUTES
June 4, 2013
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$10,000 with Gabriel Roeder Smith & Company to perform an Actuarial
Projection Study of the City of South Miami Police Pension Plan on behalf of
the City, charging account 001.1410.513.3100, Finance Professional Services .
3/5 (City Manager-Finance)
2 Moved by Commissioner Harris, seconded by Vice Mayor Liebman, the motion to
3 approve Resolution No. 118-13-13936 authorizing the City Manager to expend an amount not
4 to exceed $10,000 with Gabriel Roeder Smith & Company to perform an Actuarial Projection
5 Study of the City of South Miami Police Pension Plan charging the Finance Professional Services
6 account, passed by a 5 -0 vote:
7
10
Yea:
Nay:
Co mmi ss io ner Harri s
Co mmi ssione r W elsh
Co mmissio n e r Ne w ma n
Vice Mayor Liebman
Mayor Stoddard
No n e
10. A Resolution authorizing the City Manager to expend an amount not to exceed
$25,000 with Lewis, Longman & Walker, P.A. to provide the City of South
Miami legal representation on pension matters, charging account
001.1500.514.3410, Legal Service Outside Litigation.
3/5 (City Manager-Finance)
11 Moved by Commissioner Harris, seconded by Vice Mayor Liebman, the motion to
12 approve Resolution No. 119-13-13937 authorizing the City Manager to expend an amount not
13 to exceed $25,000 with Lewis, Longman & Walker, P.A. to provide the City of South Miami legal
14 representation on pension matters, charging the Legal Service Outside Litigation account,
15 passed by a 5 -0 vote:
16
17
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Yea:
Nay:
N. RESOLUTION(S)
CITY COMMISSION MINUTES
June 4, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
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6. A Resolution authorizing the City Manager to negotiate hourly rates and to
exec ute a p rofessional service ag r e ement p ro vid ed und er t he Flo r id a Stat ut e
28 7 .0 55 Co nsu lta nt's Comp etitive Neg ot iation Act "CCNA", for the followi ng
profession al ser vi ces: Architectu r e, Landscape Architecture,
Civil/Environmental Engineering, Traffic and Transportation Engineering.
3/5 (City Manager-Public Works)
2 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to approve
3 Resolution No. 120-13-13938 authorizing the City Manager to negotiate hourly rates and to
4 execute a professional service agreement for the following professional services: Architecture,
5 Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation
6 Engineering, passed by a 5 -0 vote:
7
10
Yea:
Nay :
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
7. A Reso lt:Jtion concerni ng an app licatio n p u rs uan t t o Lan d De v e lop m ent Cod e
Section 20-4.3{N), requesting approval to permit the installation of a banner
over t he p ubli c ri ght-of-w ay at 5880 Sun se t Dr ive to promote an ev en t titl ed
"Halloween Yz Marathon Training Pro gra m ," held by TeamFootWorks at South
Miami Hospital between July 6,2013 -October 26,2013 .
3/5 (City Manager-Planning & Zoning)
11 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to approve
12 Resolution No. 121-13-13939 requesting approval to permit the installation of a banner over
13 the public right-of-way at 5880 Sunset Drive to promote an event titled "Halloween AYz
14 Marathon Training Program," held by TeamFootWorks at South Miami Hospital between July 6,
15 2013 -October 26, 2013, passed by a 4 -0 vote :
16
17
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Yea :
Nay :
CITY COMMISSION MINUTES
June 4, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Mayor Stoddard
None
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8. A Resolution relating to the review and acceptance of the Annual Report of the
So uth Miam i Corp orat io n (First Natio na l Ban k of South Miami) on t hei r
proposed "Project Sunset" located at 5750 Sunset Drive.
3/5 (City Manager-Planning & Zoning)
2 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to approve
3 Resolution No. 122-13-13940 relating to the review and acceptance of the Annual Report ofthe
4 South Miami Corporation on their proposed "Project Sunset" located at 5750 Sunset Drive,
5 passed by a 5 -0 vote:
6
9
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
11. A Re solu t i o n author izing t h e City M an ager to accept a co ntract wi th Fireworks
Displays Unlimited, LLC, for 15 minutes of pyrotechnical services, in the
amount of $8,000.00 for fireworks for the 2013 Fourth of July celebratory
event us i'ng ex penditu re a cco u nt 001-1310-513-3450, Cit y Ma nage r 's
Contractual Service.3/5 (City Manager-CE-Special Events)
10 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
11 Resolution No. 123-13-13941 authorizing the City Manager to accept a contract with Fireworks
12 Displays Unlimited, LLC, for 15 minutes of pyrotechnical services, in the amount of $8,000.00
13 for fireworks for the 2013 Fourth of July celebratory event using the City Manager's Contractual
14 Service account, passed by a 5 -0 vote:
15
16
17
18
19
20
a)
Yea :
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
A Resolution authorizing the City Manager to execute FY 2013 Metropolitan
Planning Organization (MPO Grant agreement with Miami-Dade County for the
South Miami Intermodal Transportation Plan (SMITP) in the amount of $21,000 .
3/5 (City Manager-Grants)
CITY COMMISSION MINUTES
June 4, 2013
7
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1 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
2 approve Resolution No. 124-13-13942 authorizing the City Manager to execute FY 2013
3 Metropolitan Planning Organization (MPO) Grant agreement with Miami-Dade County for the
4 South Miami Intermodal Transportation Plan (SMITP) in the amount of $21,000., passed by a 5
5 -0 vote:
6
7
8
9
10
11
12
13
b}
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newmah
Vice Mayor Liebman
Mayor Stoddard
None
A Resolution authorizing the City Manager to negoti ate hourly rates and to
execute a service agreement as provided under the Floricla Statute 287.055
(Consultant's Competitive Negotiation Act) "CCNA), for professional services for
the South Miami Intermodal Transportation Plan (SMITP). 3/5
(City Manager-Public Works)
14 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to defer A
15 Resolution authorizing1he City Manager to negotiate hourly rates and to execute a service
16 agreement as provid-ed under the Florida Statute 287.055 (Con su ltant's Competitive
17 Negotiation Act) "CCNA), for professional servi ces for the South Miami Intermodal
18 Transportation Plan (SMITP), passed by a 5 -0 vote:
19
20
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23
Yea:
Nay:
Commi ss ioner Harris
Commissioner Welsh
Commissioner Newman
Vic.e Mayor Liebman
Mayor Stoddard
None
12. A Resolu tion authorizing the City Manager to agree to a change order and to
pay Stantec Inc. f/k/a C3TS an amount not to exceed $8,600 for the Sunset
Drive Improvem ent Phase 5 Project, to be charged to People's Transportation
Tax Fund account number 124-1730-541-6490. (Deferred
5/21/13) 3/5 (City Manager-Public Works)
CITY COMMISSION MINUTES
June 4, 2013
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1 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
2 approve Resolution No. 125-13-13943 authorizing the City Manager to agree to a change order
3 and to pay Stantec Inc. f/k/a C3TS an amount not to exceed $8,600 for the Sunset Drive
4 Improvement Phase 5 Project, to be charged to the People's Transportation Tax Fund account,
5 passed by a 5 -0 vote:
6
11
12
13
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newm an
Vice Mayor Liebm an
Mayor Stodd ard
None
O. RESOLUTION(S) PUBLIC HEARING(S)
13. A Res olution re latin g t o a requ est pursu aht to Section 20-3.4 (B)(4)(b) o f t h e
Land Developm ent Co d e for Sp eci al Use Approval to locate a walk up
r est auran t at 6600 SW 57 Av enu e; Units E-108-1 13, within t h e Pl anned Unit
Development -Mixed Use (PUD -M) known as Re d Road Common s.
S/5 (Ci t y Manager-Planning & Zonin g)
The public hearing was op ene d and cl osed with no sp e_akers .
14 Moved by Mayor St 0 dd ar d, sec onded by Co mmissioner Welsh, the motion to approve
15 Resolution No. 12'6-13-13 944 fo r Specia llJ se App r o \'la l to locate a walk up restaurant at 6600
16 SW 57 Av e nue; Uni ts E-l 08 -113, passe d by a 5 -0 vot e :
17
Yea:
Nay :
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S)
14. An Ordinance amending Section 15-93, titled "Noise-creating blowers, power
fans, or internal co mbustion engines, outdoor powered tools and other
equipment" of the existing noise ordinance .
3/5 (Mayor Stoddard)
CITY COMMISSION MINUTES
June 4, 2013
9
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2 The public hearing was opened and the following individuals addressed the
3 Commission: Antoinette Fischer, Brad Cassel.
4
5 The Commission discussed the proposed ordinance, making various motions to
6 amend the ordinance with regard to permitted time for the operation of blowers but died for
7 lack of a second.
8
9 The Commission also expressed concern with the enforcement of the code. The
10 Commission agreed to defer the proposed ordinance so that the language could be revised with
11 the input they provided as the result of their discussion.
12
13 Commissioner Welsh moved to amend for a courtesy notice for the first time
14 offense, followed by $50 for the first time, and $100 subsequent times. Seconded by Mayor
15 Stoddard. (N) 4-1 However, the City Attorney recommended sending the ordinance back for
16 amending it with proper language and the motion to defer passed unanimously, and the
17 motion was withdrawn.
18
19 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to defer An
20 Ordinance amending Section 15-93, titled "Noise-creating blowers, power fans, or internal
21 combustion engines, outdoor powered tools and other equipment" of the existing noise
22 ordinance, passed by a 5 -0 vote:
23
24
2~
27
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
15. An Ordinance amending Section 20-3.3(C)(6) Permitted Use Schedule, of the
Land Development Code; providing for additional ground floor and third floor
uses for certain properties in the "SR -Specialty RetaLl" z.oning district.
3/5 (City Manager-Planning & Zoning)
28 Mr. Goldstein, Attorney for the applicant addressed the Commission. There were
29 no other speakers.
30
CITY COMMISSION MINUTES
June 4, 2013
10
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1 Among other things, the Commission discussed Vice Mayor Liebman's suggestion
2 for placing a welcome to the City sign at the shops where casa ideas used to be located,
3 explaining that this particular spot is the entrance to our City. Mr. Goldstein appeared to be
4 very receptive towards the Commission's suggestions.
5
6 The public hearing opened and closed with no other speakers.
7
8 Moved by Commissioner Welsh to amend subsection (b), page two, line 6, by
9 replacing the word "should" with the word "shall". Seconded by Mayor Stoddard the motion to
10 amend passed unanimously.
11
12 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to approve
13 as amended Ordinance No. 14-13-2161 amending Section 20-3.3(C)(6) Permitted Use Schedule
14 of the Land Development Code; providing for additional ground floor and third floor uses for
15 certain properties in the "SR -Specialty Retail" zoning district, passed by a 5 -0 vote:
16
21
Yea:
Nay:
Q. ORDINANCE(S) FIRST READING
Com mi ss ioner Ha r ris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
16. An Or d i nance of th e Cit y o f South Miami, Florida amendin g the Code of
Ordinances Section 15-1 -Reserved, p r ohibiting the operation of helipads and
the landing or takeoff of helicopters or other aircraft with the city limits except
in the case of police, fire or similar civil emergency, and creatjng Section 15-
l(A) titled "Penalty", to include penalties for violations.
3/5 (Commissioner Harris)
22 Moved by Commissioner Harris to amend the first paragraph on page one, line 40
23 of the ordinance, by inserting after .. .for any person to "construct, maintain, or" operate a
24 helipad ... ; and on line 41, changing the word "and" with the word "or" after the word
25 "takeoff" ... Seconded by Commissioner Welsh, the motion passed unanimously.
26
27 Moved by Mayor Stoddard to amend the ordinance by including the following
28 language: "emergency evacuation to trauma centers by helicopter shall be allowed at locations
CITY COMMISSION MINUTES
June 4, 2013
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1 permitted by lawful authority." Seconded by Commissioner Welsh the motion to amend passed
2 unanimously.
3
4 Commissioners Harris and Welsh agreed to co-sponsor an ordinance in order to
5 include the same provision on helipads in the Land Development Code.
6
7 Moved by Commissioner Harris, seconded by Commissioner Welsh, the motion to
8 approve as amended An Ordinance of the City of South Miami, Florida amending the Code of
9 Ordinances Section 15 -1-Reserved, prohibiting the operation of helipads and the landing or
10 takeoff of helicopters or other aircraft with the city limits except in the case of police, fire or
11 similar civil emergency, and creating Section 15-1{A) titled "Penalty", to include penalties for
12 violations, passed by a 5 -0 vote:
13
16
Yea:
Nay :
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
17. An Or dinan cze of t h e City of S0 ut h M iami, Florida ame nd i ng Section 20-4.3 (N)-
b anners ov er rights-of -w ay, to all ow f o r adm in istrativ e r evi ew an d ap p ro v al of
r e qu ests f or bann ers; provi d i n g a r ef er en ce to th e city's f ee sch ed ule;
p r ovidin g addition al re quire m ents f or app l ica nt 's r es p on sibiliti es.
3/5 (Commissioner Welsh)
17 Vice Mayor Liebman recommended that the fees be $250 for local events and $500
18 for outside events. Mayor Stoddard indicated that the amendment on the fees will have to be
19 done by amending the schedule of fees ordinance.
20
21 Moved by Mayor Stoddard to amend subsection (N) (i) of the ordinance by
22 changing the language to read: " ... in advance of the banner installation date." Seconded by
23 Commissioner Welsh the motion passed unanimously.
24
25 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
26 as amended An Ordinance amending Section 20-4 .3{N) -banners over rights-of-way, to allow
27 for administrative review and approval of requests for banners; providing a reference to the
28 city's fee schedule; providing additional requirements for applicant's responsibilities, passed by
29 a 5 -0 vote:
30
CITY COMMISSION MINUTES
June 4, 2013
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4
5
Yea:
Nay:
R. ADJOURNMENT
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
June 4, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
A ppro v ed
..
Philip K. Stoddard
(VI ayor
13