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10
City of South Miami
Regular City Commission Minutes
August 6, 2013
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
C. ROLL CALL
11 The following members of the City Commission were present: Commissioner Harris,
12 Commissioner Welsh, Commissioner Newman,ViC~ Mayor Liebman, Mayor Stoddard.
13
14 Also in attendance were: City Manager Steven Alexander, City Attorney Thomas F.
15 Pepe, Esq., City Clerk Maria M. Menendez, CMe.
l~
32
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
H. APPROVAL OF MINUTES
a) Minutes of June 3, 2013
b) Minutes of June 24, 2013
c) Minutes of July 16, 2013
33 The Minutes of June 3 and 24, and July 16, 2013 were unanimously approved.
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37
I. CITY MANAGER'S REPORT
(Attached)
CITY COMMISSION MINUTES
August 6, 2013
1
J. CITY ATTORNEY'S REPORT
3
4 Among other comments, the City Attorney reported on the Florida Power and Light
5 transmission lines issue, the Police Chief's case and the Madison Square project.
~
K. PUBLIC REMARKS
8
9 The following individuals addressed the Commission: John Edward Smith, Brad
10 Cassel.
l!
L. COMMISSION REPORTS, DISCUSSION & REMARKS
13
14 Among other comments, the Commission spoke about the following subjects:
15 Florida Power and Light transmission lines, creating a "South Miami Day",reminder of the
16 upcoming COW with the Charter Review Committee, Thyrsday,>August 15 and22.
H
21
M. ORDINANCE(S) THIRD READING PUBLIC HEARING(S}
b An Ordinance amending Section 15-93, titled "Noise-creating blowers, power
fans, or internal. combustion engines, outdoor powered tools and other
equipment" of the existing n()ise ordinance.
3/5 (Mayor Stoddard)
22 Moved by Commissioner Harris, seconded by Mayor Stoddard, the motion to defer An
23 Ordinance amending Section 15-93, titled "Noise-creating blowers, power fans, or internal
24 combustion engines, outdoor powered tools and other equipment" of the existing noise
25 ordinance; passed by a 5 -0 vote:
26
Yea:
Nay:
R. ORDINANCE(S) FIRST READING
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
22. An Ordinance authorizing the City of South Miami to enter into an agreement
with Miami-Dade County Water and Sewer Department for the conveyance, to
CITY COMMISSION MINUTES
August 6, 2013
2
1
the County, of the sanitary sewage facilities associated with the City Hall sewer
connection project located at 6130 Sunset Drive.
3/5 (City Manager-Public Works)
2 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
3 An Ordinance authorizing the City of South Miami to enter into an agreement with Miami-Dade
4 County Water and Sewer Department for the conveyance, to the County, of the sanitary
5 sewage facilities associated with the City Hall sewer connection.project located at 6130 Sunset
6 Drive, passed by a 5 -0 vote:
7
10
11
12
13
14
15
16
17
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
23. An Ordinance authorizing the City of South Miami to enter into an agreement
with Miami-Dade County Water and Sewer Department for the conveyance,
to the County, of the water and sanitary sewage facilities associated with the
MurrayParkPool project located/at NEcorner ofSW 68 St and SW 58 PL.,
moreb'a'Fticularlyas 5800 SW 66 St;as well as any associated right of way or
(City Manager-Public Works)
~, ,;: : . ':: : ". " '
Moved b/Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
An Ordinance authorizing the City of South Miami to enter into an agreement with Miami-Dade
County Water and Sewer Department for the conveyance, to the County, of the water and
sanitary sewage facilities associated with the Murray Park Pool project located at NE corner of
SW 68 St and SW 58 PL., more particularly as 5800 SW 66 St. as well as any associated right of
way or easement, passed by a 5 -0 vote:
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
N. ORDINANCE(S) FIRST READING (CONT'D)
CITY COMMISSION MINUTES
August 6, 2013
3
3
2. An Ordinance of the City of South Miami, Florida amending the Code of
Ordinances Section 15-1 -Reserved, prohibiting 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 establishing a penalty
for violations.
3/5 (Commissioner Harris)
4 The Commission discussed the item and proposed the following amendments to
5 the ordinance:
6
7 Moved by Commissioner Harris to add; "personal injury" on page two, line 10,
8 seconded by Mayor Stoddard, the motion pass~d 6ya 5-0 vote
9
10 Moved by Commissioner Harris to strike "within the corporate limits of the city" on
11 page two, line 12, seconded by MayorStoddard, the motion passed by a 5-0 vote
12
13
14
15
16
17
18
19
20
21
22
25
Moved by Commissioner Harris, to add subsection (3) C with the following
language: "Emergency evacuation for the City of South Miami shall be permitted", seconded by
Mayor Stoddard, the mot.ion passed by a 5-0 vote
"',.'.:"' .... "
Moved by Mayoistoddafd,s,econdedbYCol11miSsionerHarris, the motion to approve as
amended An Ordinance of the City()f South Miami, Florida amending the Code of Ordinances
Section 15-1-Reserved, prohibiting the operation of helipads and the landing or takeoff of
helicopters or other aircraft withthecity limits except in the case of police, fire or similar civil
emergency, and establishing a penalty for violations, passed by a 4 -1 vote:
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Mayor Stoddard
Vice Mayor Liebman
3. An Ordinance governing, defining and proscribing panhandling to be codified
in Section 15-8 of the City of South Miami's Code of Ordinances which is
currently reserved and providing a penalty. 3/5
(Vice Mayor Liebman)
26 This item was withdrawn by its sponsor.
~~
CITY COMMISSION MINUTES
August 6, 2013
4
1
4. An Ordinance defining and prohibiting trespassing to be codified in Section 15-
7 of the City of South Miami's Code of Ordinances which is currently reserved.
3/5 (Vice Mayor Liebman)
2 This item was withdrawn by its sponsor.
~
5
5. An Ordinance amending Section 8A-2(1) to provide clarification as to the
meaning of language of the limitation period for filing an ethics complaint and
to provide for the repose of complaints. 3/5 (Mayor Stoddard)
END OF UNFINISHED BUSINESS
6 Mr. Pepe presented the item for clarification regarding the definition of the word
7 "accrued".
8
9 The Commission discussed the proposed ordinance followed by these
10 amendments:
11
12 Moved by Commissioner Newman to change the word "accrued" and replace it
13 with the word "occurred", and make it for "two"years after the violation has occurred, instead
14 of "one" year. Seconded by Vice Mayor Liebman, the. motion passed by a 3-2 vote (Welsh,
15 Stoddard)
16
17 Moved by (ommissiorrNewmanto/strike all the added language, from line 32
18 through line 36. Seconded by MayorStoddard, the motion passed by a 5-0 vote
19
20 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
21 as amended An Ordinance amending Section 8A-2(1) to provide clarification as to the meaning
22 of language of the limitation period for filing an ethics complaint and to provide for the repose
23 of complaints, passed by a 5-0 vote:
24
25
26
27
28
Yea:
Nay:
CITY COMMISSION MINUTES
August 6, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
5
1
3
4
RESOLUTION(S) PUBLIC HEARING(S)
15. A Resolution authorizing the City Manager to execute a Professional Service
Agreement provided under Florida Statute 287.055 Consultant's Competitive
Negotiation Act "CCNA", with EAC Consulting, Inc, Marlin Engineering, Inc., The
Corradino Group, Inc., SRS Engineering, Inc" R.J. Behar and Company, Inc,
T.Y.Lin International, Stanley Consultants, Inc., Sol-Arch, Inc., Civil Works, Inc.,
C.H. Perez & Associates Consulting Engineers, Inc., for the following
professional services: Architecture, Civil/Environmental Engineering,
Structural, and Traffic and Transportation Engineering.
3/5 (City Manager-Public Works)
5 The public hearing was opened and cI()sed with no speakefs.
6
7 Moved by Mayor Stoddard, seconded by Vice MayorLiebman, the motion to approve
8 Resolution No. 151-13-13969 authori~ing the City Mallagerto execute a Professional Service
9 Agreement provided under FloridaSi~tl.lte287.055 Consliitant's Competitive Negotiation Act
10 "CCNA", with EAC Consulting, Inc, Maf!frrEngineering, Inc., The Corradino Group, Inc., SRS
11 Engineering, Inc" R.J. Behar and CompiulY, Inc, T.Y.Lin International, Stanley Consultants,.lnc.,
12 Sol-Arch, Inc., Civil Works, Inc./C.H. Perez&'AssoCiates ConsultingEngineers, Inc., for the
13 following professionaLservices:Ar~hitecture,CiviI/Environll1ental Engineering, Structural, and
14 Traffic and Transpor~atio~ Engineering, passed by a 5 -0 vote:
15
Yea:
Nay:
O. CONSENT AGENDA
Commissioner Harris
COmmissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
6. A Resolution authorizing the City Manager to enter into a contract with
Accordant Communications, LLC. in an amount not to exceed $35,000.00 for
the purchase, design and installation of a wire mesh (Wi-Fi) downtown
network. 3/5
(City Manager)
CITY COMMISSION MINUTES
August 6, 2013
6
1
2 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
3 approve Resolution No. 152-13-13970 authorizing the City Manager to enter into a contract
4 with Accordant Communications, LLC. in an amount not to exce:ed $35,000.00 for the purchase,
5 design and installation of a wire mesh (Wi-Fi) downtown network, passed by a 5 -0 vote:
6
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
CommiSsi9rl~(Newman
Vice Ma~al(Liebman
Mayor St6ddard
,None
8. A Resolution authorizing the City Manager to accept a donation of $10,000
from Interval International, increasing the budgeted line items 001-2000-572-
5630 footb,allby $5,000 and 001;;2000-572':5631 cheerleading by $5,000,
through do!1atio.n account 001.-0000.:.366-9100.
3/5 (City Manag~r:-Parks & Recreation)
9' ..•..... .>i'\ .
10 Moved by Mayor St()ddard,:s~conded byCommissioner Newman, the motion to
11 approve Resolutibn f\Jo. 153.:.13-~397iauthorizingthe City Manager to accept a donation of
12 $10,OOOfrom Interval International, passed bya 5 -0 vote:
13
16
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
11. A Resolution authorizing the City Manager to enter into a contract with EAC
Consulting, Inc. for the Dorn Avenue Drainage Project design, for a amount not
to exceed $25,465 to be charged to Local Option Gas Trust Fund account
number 112-1730-541-6210. 3/5
(City Manager-Public Works)
CITY COMMISSION MINUTES
August 6, 2013
7
1 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
2 approve Resolution No. 154-13-13972 authorizing the City Manager to enter into a contract
3 with EAC Consulting, Inc. for the Dorn Avenue Drainage Project design, for a amount not to
4 exceed $25,465 to be charged to Local Option Gas Trust Fund account, passed by a 5 -0 vote:
5
8
9
10
11
12
13
14
17
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman·
Mayor Stoddard
None
12. A Resolution authorizing the City Manager to enter into a contract with TV-LIN
International for the Mango Terrace and Manor Lane Neighborhoods Traffic
Calming Design for an amount nofto exceed $53,960 to be charged to Local
Option Gas Trust Fund account number>112-1730-541-6210 and People's
Transportation Tax FlI.l1d 174-1730-541-6490. 3/5
(City Manager-Public\tVor'ks)
Moved by MayorSt()<:Jpard, seconded by Commissioner Newman, the motion to
approve Resolution No:155-i3~j:3973 authorizing the City Managerto enter into a contract
with TY-LiN Internatiqnarfor th~~fango Terrace andManor Lane Neighborhoods Traffic
Calming Design for an amount nottc>, exceed $53,960 to be charged to Local Option Gas Trust
Fund account, passed bya?;. 0 VO~~:
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
13. A Resolution authorizing the City Manager to enter into a contract with The
Corradino Group for the Twin Lakes and Bird Estates Neighborhoods Traffic
Study for an amount not to exceed $22,000 for to be charged to Local Option
Gas Tax (LOGT) Fund 112-1730-541-6210. 3/5
(City Manager-Public Works)
18 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
19 approve Resolution No. 156-13-13974 authorizing the City Manager to enter into a contract
CITY COMMISSION MINUTES
August 6, 2013
8
1 with The Corradino Group for the Twin Lakes and Bird Estates Neighborhoods Traffic Study for
2 an amount not to exceed $22,000 for to be charged to Local Option Gas Tax (LOGT) Fund,
3 passed by a 5 -0 vote:
4
7
8
9
10
11
12
13
14
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
14. A Resolution authorizing the CityManager to enter into a contract with Marlin
Engineering for the South an(f·West Pinecrest Villas. Neighborhoods Traffic
Calming Study for an amountnot to exceed $39,780 to be charged to People's
Transportation Tax Fund 124-1730-541-6490. 3/5
(City Manager-PublicWorks)
Moved by Mayor Stoddard, secondec:l by Commissioner Newman, the motion to
approve Resolution No. 157-13-1397Sauthorizingthe City Manager to enter into a contract
with Marlin EngineeringJ?rJr.eSouth and West Pil1ecrestVilias Neighborhoods Traffic Calming
Study for an amountn9~:i6~xC:~ed $39,780to be charged to People's Transportation Tax Fund,
passed by a 5 -0 vote:rJ/
Yea: )<;
Nay:
.. Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
15 a) A Resolution of the Mayor and City Commission of South Miami supporting a
16 letter to the EPA recommending revision of the Consent Decree on rebuilding of the Central
17 District Wastewater Treatment Plant on Virginia Key. 3/5
18 (Mayor Stoddard)
19
20 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
21 approve Resolution No. 158-13-13976 supporting a letter to the EPA recommending revision of
22 the Consent Decree on rebuilding of the Central District Wastewater Treatment Plant on
23 Virginia Key, passed by a 5 -0 vote:
24
CITY COMMISSION MINUTES
August 6, 2013
9
Yea:
Nay:
P. RESOLUTION(S)
5
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
3/5 ··(City Manager)
6 This item was pulled from the Consent fpr further comments.
7
8 Moved by Mayor Stoddard,seconded by Commissioner Harris, the motion to approve
9 Resolution No. 159-13-13977 authorizing the City Manager to enter into a contract with
10 Wilesmith Advertising/Design in an amount nottoexceed $20,()00 for Branding Design and
11 Services for the City, passedl;>y a 4 -1 vote:
12
15
Yea:
Nay:
Commissioner Harris
Commissiorier Newman
.. Yice Mayor Liebman
Mayor Stoddard
Commissioner Welsh
9. A Resolution concerning an application pursuant to Land Development Code
Section 20-4.3(N), requesting approval to permit the installation of a banner
over the public right-of-way at 5880 Sunset Drive to promote an event titled
"Miami MarathonTraining Program/' held by TeamFootWorks at South Miami
Hospital on August 17, 2013 -February 2,2014. 3/5
(City Manager-Planning & Zoning)
16 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
17 Resolution No. 160-13-13978 requesting approval to permit the installation of a banner over
18 the public right-of-way at 5880 Sunset Drive to promote an event titled "Miami Marathon
19 Training Program/' held by TeamFootWorks at South Miami Hospital on August 17, 2013 -
20 February 2, 2014, passed by a 4 -0 vote:
21
CITY COMMISSION MINUTES
August 6, 2013
10
3
..
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Mayor Stoddard
None
10. A Resolution concerning an application pursuant to Land Development Code
Section 20-4.3(N), requesting approval to permit the installation of a banner
over the public right-of-way at 5880 Sunset Drive to promote an event titled
"Fitness 101 5K Training Program," held bYTeamFootWorks at FootWorks on
September 9,2013 -October 23,2013. 3/5
(City Manager-Planning & Zoning)
4 Moved by Mayor Stoddard, secondedbyCommissioner Harris, the motion to approve
5 Resolution No. 161-13-13979 requesting approvillto.permit.the installationofa banner over
6 the public right-of-way at 5880 Suns.etDrive to promdtealievent titled "Fitnessl0l 5K Training
7 Program," held by TeamFootWorks/a,tFootWorks on September 9,2013 -October 23,2013,
8 passed by a 4 -0 vote:
9
H
14
15
16
Q.
COmmissioner Harris
Commissioner Welsh
Commissioner Newman
Mayor Stoddard
16. A Resolution authorizing the City Manager to enter into a two-year lease and
maintenance cohtract for two police motorcycles, piggybacking the City of
Miami lease agreement with Petersen's Harley-Davidson's of Miami, requiring
disbursement of the funds up to $11,400.00 per year from account number
001-1910-521-4450 (Purchase/Lease Police Vehicles), for the fiscal years
2013/2014 through 2014/2015.
3/5 (City Manager-Police)
The public hearing was opened and closed with no speakers.
17 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
18 Resolution No. 162-13-13980 authorizing the City Manager to enter into a two-year lease and
19 maintenance contract for two police motorcycles, piggybacking the City of Miami lease
CITY COMMISSION MINUTES
August 6, 2013
11
1 agreement with Petersen's Harley-Davidson's of Miami, requiring disbursement ofthe funds up
2 to $11,400.00 per year from the Purchase/Lease Police Vehicles account, for the fiscal years
3 2013/2014 through 2014/2015, passed by a 5 -0 vote:
4
7
8
9
10
11
12
13
14
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
17. A Resolution of the City of South Miami relatingt()a request to allow for the
creation of parcels A, B, and Con the Northern portion of property specifically
located at 6520 SW 56th street" South Miami, Florida within an RS-3; Low
Density Single-Family ResidentiaLZoning District, as permitted by provisions
pertaining to "Waivep.of Plat" set fc>rthinSecti()n 20-4.2(B) of the City of South
Miami Land Devel()!?Wl~ntCode, andSec1:ion 28-4 of the Miami-Dade County
Code; for the purpos~;()ftonstructingtnree new Single-family homes; and
providing for a legal destription.
3/5 (City Manager-Planl1ing & Zoning)
Mayor s~oJJ~:~/ ~;~g~essed the.audience by reading the procedure for a quasi-
judicial hearing item.· '~.;:
/}~;',
Mr.Pepepresent~atheiterrl/explaining that the issue to be considered tonight is
the building site, and that anYissu~s concerning trees and other subjects are not a part of this
application:
15 Mr. Brimo also addressed the Commission for further clarification. He also
16 explained the various changes made to the item after it was presented at a previous meeting.
17
18 All speakers were sworn in before the pubic hearing was opened.
19
20
21
Attorney Tapanes for the applicant addressed the Commission.
22 The public hearing was opened and the following individuals addressed the
23 Commission: David Scalia, Mark Bixler, Patricia Donley, Christina Pellicane, Brad Cassel, Maria
24 Teresa Beyon, Hussein Lama, Yvonne Beckman, Doug Mackey.
25
CITY COMMISSION MINUTES
August 6, 2013
12
1 The public hearing was closed and Ms. Tapanes addressed the Commission for
2 rebuttal.
3
4 The Commission referred to the issue of character also brought up by the majority
5 of the speakers.
6
7 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
8 Resolution No. 163-13-13981 to allow for the creation of parcelsA, B, and C on the Northern
9 portion of property specifically located at 6520 SW 56th Streetwithin an RS-3; for the purpose
10 of constructing three new single-family homes; and providing for a legal description, passed by
11 a 3 -2 vote:
12
13
14
15
16
17
18
19
Yea:
Nay:
Commissioner' Harris
Vice M~ay(Jt Liebman
Mayor Stoddard
Commissioner Welsh
Commissioner Newman
At this time the Mayor annoul1cedaS-minute break.
<:",", '
As the meeting reconvened, COmmissioner Newman requested from the prevailing
" -.' ',.. . .'
side that the vote foriiem #17. be, reconsidered in order to add certain condition relating to
setback.
20 . Moved by Mayor Stoddard,seconded by Vice Mayor Liebman, the motion to
21 reconsidertheVote on item #17 passed by as-Oyote'
22
23 Moved by Mayor Stoddard to add the condition that the applicant's stated setbacks
24 be incorporated as a condition for approval. and that the existing structures on the site be
25 demolished prior to development, seconded by Commissioner Harris the motion passed by a 5-
26 0 vote
27
28 At this time Attorney Tapanes clarified that the condition for setback will apply to
29 parcel C, as proposed on the site plan for a 68 foot setback.
30
31 As the Mayor called the question for the item as amended and as a whole, the
32 motion failed by a 2-3 vote (Harris, Welsh, Newman)
33
34 At this time Mr. Pepe requested that the Commission individually stated the
35 rationale for voting against the waiver of plat. The Commission answered as follows:
CITY COMMISSION MINUTES
August 6, 2013
13
1
2 "I did not believe that it was consistent with the character" (Newman)
3
4 "I find it out of character with the area which is predominately RS-3" (Welsh)
5
6 "I have found it out of character the more I thought about it and I had a second
7 chance to vote and I did" (Harris)
8
9 Attorney Tapanes reminded the Commission about the liability involved for the City
10 as the result of the denial ofthe request for a waiver of plat:
H
13
14
15
18. A Resolution of the City of South Miami relating to a request to allow for the
creation of parcels A, B, C, ·and . D on the Southern .. portion of property
specifically located at 6520 SW 56th Street, South Miami/Florida within an RS-
3; Low Density Single-Family·· Residential Zoning District; as permitted by
provisions pertaining to "Waiver of Plat" set forth in SectiOn20-4.2{B) of the
City of South Miami Land Development Code, and Section 28-4 of the Miami-
Dade County Code; for the· purpose of constructing four new single-family
homes; and providing fora legal description.
3!5(City Manager~Planning& Zoning)
, '. /" ,::,',,';:"'"
Mr. Brimbpresentedthe item fdliowe~6Y~ttorney;Tapanes.
16 After being sworn in, the public hearing was opened and the following individuals
17 addressed the.Commissiom Alexis Segrera, Caribs Tosca, Maria Teresa Beyon, David Scalia,
18 Patricia Donly, Christina Pellicane.
19
20 At this juncture Mr. Pepe addressed the Commission stating that it had been
21 brought to his attention that following the last votes on item #17, some of the Commissioners
22 received additional information from people which was ex-parte, and therefore it was his
23 opinion that they could not reverse their original vote; that they could add special conditions
24 but could not change their original vote.
25
26 Mr. Pepe added that they would have to revisit item #17 after they finished with
27 item #18.
28
29 Moved by Mayor Stoddard by adding the condition that the setbacks of 58 to 68
30 feet be included as part of the resolution and that the existing structures be taken down before
31 the platting is completed. Seconded by Commission Welsh the motion passed by a 5-0 vote
32
CITY COMMISSION MINUTES
August 6, 2013
14
1 Moved by Commissioner Welsh that the side setback of parcel "D" be increased
2 from 10 to 25 feet. Seconded by Commissioner Newman
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Attorney Tapanes objected to this amendment, calling it capricious, arbitrary and
unnecessary, adding that there is nothing that supports that condition.
Mr. Brimo provided further clarification regarding the rationale for the requested
setback.
Then, Attorney Tapanes said that they could provide a landscape 5-foot buffer but
that the request to change the proposed setback is notfeasibl~:
The landscape architect for the appli~ant addressed the. Commission about the
proper way to provide the requested buffec>He said that they will b~.~hoosing the largest
available trees, 10 feet at least, that are allowedt:o.be directly under thepovyer lines, and that
will be acceptable to FP&L.
Moved by Mayor StoddardJ$econded by Commissioner Welsh, to add that the
applicant will be choosing the largest availabr~tr~es, 10 feet at least, that are allowed to be
directly under the powerlin~s, and thatwill beacseptable to FP&L, and that it will be a
covenant running with. th~i~rl~,Jhe motionpass~(Lby/a.5jO . .vote.
The Ma;~~~al!ed thernotion to2p~roZ~ the item as amended and as a whole. The
motion failed by a 2-3 vote {Newman,\Nelsh, Harris)
,c ~. • c
.At thistirne·Att~rn;~t~panes requested disclosure for the court reporter of the ex-
parte communication between items 17 and 18, adding that this might have impacted the vote
on item 18.
Mr. Pepe requested disclosure of any ex-parte communication that the Commission
might had received between the time of the vote on item 17 and the time of the vote on item
18.
34 Mayor Stoddard said that he had a couple of residents expressing their
35 disappointment about his vote.
36
37 Vice Mayor Liebman questioned as to why they had not been advised by counsel
38 before going into the break not to say anything.
39
CITY COMMISSION MINUTES
August 6, 2013
15
1 Mr. Pepe said that there was no evidence that the Commissioners said anything,
2 but that they had received communication.
3
4 Commissioner Harris said that one of the speakers talked to him about their
5 concern over the vote, and also a friend of his gave him a "dirty" look.
6
7 At this time Mr. Pepe advised the Commission to revisit item 17 so that they could
8 add the conditions, without changing their original vote.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
38
31
17. A Resolution of the City of South Miami relating to a request to allow for the
creation of parcels A, B, and C on the Northern portion of property specifically located at 6520
SW 56th Street, South Miami, Florida within~.R\;~?;"3; Low Density Single-Family Residential
Zoning District, as permitted by provisions pe,rtaiQh1g to "Waiver of Plat!'set forth in Section 20-
4.2(B) of the City of South Miami Land Develbpment Code, and Section 28-4 of the Miami-Dade
County Code; for the purpose of constructing three new single:family homeS;.~md providing for
a legal description. 3/5
(City Manager-Planning & Zoning)
Moved by Mayor Stoddard.to amend .the resolution by requiring the following
conditions: a 68 foot setback for parcel "('J, and th·atthe. existing structures on the three parcels
be removed prior to development.
.<:, .. ', .>'»~::::,'
Moved by Mayor Stoddard} seconded hyCommissioner Welsh, the motion to approve
as amended Resolution No. 163-13-13981to allow for the creation of parcels A, B, and C on the
Northern pdrtionof property specifically lo~ated atj5520 SW 56th Street within an RS-3; for the
purpose of constructing three new single-family~omes; and providing for a legal description,
passed bya 3 -2 vote:
Yea:
Nay:
Commissioner Harris
Vice Mayor Liebman
Mayor Stoddard
Commissioner Welsh
Commissioner Newman
19. A Resolution related to a request pursuant to Section 20-3.4(B}{4}{b) of the
City of South Miami Land Development Code for Special Use Approval to
locate a general restaurant at 5701 Sunset Drive, #194; within the Specialty
Retail "SR", Hometown District Overlay "HD-OV".
4/5 (City Manager-Planning & Zoning)
CITY COMMISSION MINUTES
August 6, 2013
16
1 The public hearing was opened and closed with no speakers.
2
3 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
4 Resolution No. 165-13-13983 for Special Use Approval to locate a general restaurant at 5701
5 Sunset Drive, #194, passed by a 5 -0 vote:
6
9
10
11
12
13
14
15
16
17
18
19
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman.
Mayor Stoddard "
None
A Resolution related to a r.;~~i!~; pursuant to Section 2Q-3.4(B)(4)(b) of the
City of South Miami Land Dev~log~ent Code for SpeciarUse Approval to
locate a general restaurant at 5864Suns~tDhve within the Specialty Retail
"SR", Hometown DistrlctOverlay "HD~6V!j;'
4/5 (City Manager:Plallrllhg& Zoning):
Mr. Brimopr~sentedJhe iteni.Ttle Co l11rn issiondiscussed the issue relating to the
parking spaces. \';(' ,
Ji;:':~::.:??
" . ,',
The Public Hearing was opened and Mr. John Edward Smith addressed the
Commission.
After discussing the item, Commissioher Newman moved to reduce the 11,000 in
half. Mr. Pepe interjected advising the Commission that this would create a precedent, unless
the parking ordinance is changed for the provision to apply citywide.
20 The Commission then provided a compromise for the applicant to come back in the
21 future with a separate application as prescribed in the Code so that the parking fund fee may
22 be reduced.
23
24 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
25 Resolution No. 166-13-13984 for a Special Use Approval to locate a general restaurant at 5864
26 Sunset Drive, passed by a 5 -0 vote:
27
Yea:
CITY COMMISSION MINUTES
August 6, 2013
Commissioner Harris
Commissioner Welsh
17
~
5
6
7
8
9
S.
Nay:
Vice Mayor Liebman
Mayor Stoddard
None
21. (This item is being postponed to the August 20th meeting)
A Resolution of the City of South Miami relating to a request to allow for the
creation of parcels 1 through 5, on property specifically located at 6150 SW
80th Street; 6120 SW 80th Street; and 6040 SW 80th Street, South Miami,
Florida within an RS-3; Low Density Single-Family Residential Zoning District, as
permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-
4.2{B) of the City of South Miami Land Development Code, and Section 28-4 of
the Miami-Dade County Code; fo(tpe purpose of constructing five new single
family homes; and providingfbra\ legal description. 3/5 (City
Manager-Planning & Zoning)
ADJOURNMENT
Attest Approved
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
August 6, 2013
18
. ... ,
Philip K. Stoddard
Mayor
To:
Date:
From:
Re:
CITY OF SOUTH MIAMI
OFFICE MEMORANDUM
Honorable Mayor and City Commission
August 6, 2013
Steven Alexander
City Manager
Manager's Report
Attached are the City's accomplishments for the period covering July 15 -August 4, 2013, which
are hereby submitted for your review prior to the Commission Meeting.
If you have any questions please feel free to contact me.
I. Accomplishment.
a. New IT IDC successes:
1. Built, configured and deployed 2 desktops.
11. IT worked on AS-400 issues. Some of the issues have been resolved but we
continue to work with the Vendor for complete resolution.
111. IT worked on connectivity issues at CRA.
IV. IT worked on connectivity issues for the CRA classroom.
v. IT had to rewire Sylva Martin to Central Service due to cut cables.
VI. IT worked on two systems to clear up Virus infections.
V11. IT worked on the Code Enforcement renewal project ( Business Licenses).
V111. IT worked on issues at Public Works and Shortel.
July 22nd through August 2 nd
Total Hours: 93
Total Tickets: 23
Total Calls: 47
-2 -City Manager's Report to the Commission for August 6, 2013
b. Finance:
i. The Budget and Finance Committee met on August I, 2013 to discuss FY 2014
budget items from the received Proposed FY 2014 budget. Each of the three
respective members continue reviewing their specific department assignments and
have scheduled a final August 19, 2013 meeting to provide their recommendations
to the chairman.
ii. The budget process for FY 14 continues to move forward. Finance continues
working with the Budget & Finance Committee throughout the FY 2014 budget
process.
iii. Finance continues to trouble shoot any issues related to the City's ONESolution
finance system. Finance continues to monitor the different department's issues and
help correct those matters.
iv. Finance has officially closed July 2013 and currently working on the reconciliation
for the month. Once the reconciliation is complete, finance will post the check
register and Budget by Department Monthly Report on the City's website.
Central Services: City Managers Report -8/6/13 Commission Meeting
i. Marshall Williamson Park Playground Equipment: In accordance with the PHCD
grant, a copy of the RFP was provided to the County by the City's Grants
Administrator. PHCD provided feedback and suggested revisions to the RFP. The
City completed the revisions and the final RFP document was approved by PHCD.
The RFP will be advertised the week of August 5, 2013.
ii. Pedestrian Solar Powered Crosswalk Devices: A turnkey quotation was received
from an awarded vendor on a Miami-Dade County Public Works "Traffic Signal
Installation" contract and is under evaluation. The specification and manufacturer
of the device is FDOT and Miami-Dade County approved and has been installed at
multiple locations within the County.
iii. Bus Shelters Phase 2 RFP: The RFP was advertised on July 5 and closed on Friday,
July 26, 2013. Twelve (12) proposals were received and are being evaluated.
iv. Wire Mesh Downtown Network RFP: The RFP was advertised on June 14 and
closed on Friday, June 28, 2013. One proposal was received, from Accordant
Communications, LLC. The award recommendation is scheduled for the August 6th
Commission meeting.
v. Branding Services and Design: The RFQ was advertised on and closed May 7, 2013.
Seven (7) proposals were received and reviewed by an Evaluation Selection
Committee. An award recommendation is scheduled for the August 6, 2013
Commission meeting.
-3 -City Manager's Report to the Commission for August 6, 2013
vi. Outdoor Kiosks: A Letter of Interest has been advertised for Interactive Outdoor
Kiosks, specifically for the downtown area. The LOI will close on August 23, 2013
at 10 AM.
Following are highlights for the Code Enforcement Division for July 15 th-August 6th :
Code Enforcement Office:
I. The Code Enforcement Office is now under direction of the City Manager, as a result of
Code Enforcement Director, Carmen Baker's resignation
II. Since July 16 th of 2013, the Code Enforcement Department has:
a. Responded to over 25 resident/city official complaints.
b. Issued more than 20 Courtesy Civil Infraction Notices.
c. Issued 5 Notices of Civil Infraction.
d. Removed 85 Illegal Signs from the City.
e. Reviewed 96 Permit Applications for the Building Department
f. Performed 40 Lien Searches; totaling in $4,395.00 for the City.
Local Business Tax Compliance Office
I. Code Compliance Officer, Hector Rabi has:
a. Conducted 142 inspections.
b. Issued 35 new Business Tax Receipts (BTR) amounting in $6,607.29
c. Reviewed 47 Business Tax Receipts with Planning & Zoning
d. Printed 49 BTRs.
e. Closed 3 BTRs.
II. Special Projects Include:
a. Snipe Sign Collections
b. Parking Agreement Collections
c. Outdoor Seating Update Report for renewal notices
d. Miami-Dade BTR Report
Special Events Coordination
The following are the results of various activities from July 15 th
-August 6th :
• Collaborated and approved via the City Manager and South Miami Police Department
the Hurricane Readiness Guide for residents of South Miami. Brochures were printed in
color and handed out to residents and businesses.
• Collaborated with the South Miami Community Redevelopment Agency and Ana
Manning of the Miami-Dade Affordable Housing Foundation, Inc., on an "Open Houses"
event, held on July 26, 2013, at 10:00 a.m.
-4 -City Manager's Report to the Commission for August 6, 2013
• Collaborated with Code and South Miami Police Departments on a Special Events
Application for a film shoot by T elemundo at a private residence for July 26, 2013.
• Collaborating with Florida Heart Research Institute on a "Dog" event set for March 16,
2014. Working with other departments on logistics; preparing a resolution for the
City Commission.
• Working on a Community Day holding a Shred Day, Ecological information and Hands-
on day. Scheduled for August 24, 2013, from 9:00 am to I :00 pm., in front of City Hall.
Further information forthcoming.
• Collaborating with VolksBlast on their event which will be held in January, 2014.
Working with other departments on logistics; preparing a resolution for August 20,
2013, for City Commission approval.
• Collaborating with some residents to hold a ''jazz in the Park" event. Time and date to
be determined.
• Three (3) requests for garage sale permits were given for this time period.
The following are the accomplishments for the police department for the time period of July 15 th
through August 15
\ 2013:
Uniform Patrol Division
i. A total of 25 arrests; 08 felonies, 07 misdemeanors, 03 traffic, and 07 warrant served;
ii. Of those 25 arrests, 04 were narcotics related of which 03 were for marijuana possession
and 0 I for Cocaine Possession;
iii. The UPD has continued to test a new Automatic License Plate Reader (ALPR) system
which is mounted on a police vehicle. The system is yielding very desirable results thus far;
iv. UPD personnel participated in numerous community meetings in the aftermath of the
George Zimmerman trial;
v. Preparations and planning were made for any negative reactions to the George
Zimmerman case;
Community Police Unit*
i. CPU Officers conducted the following details in the CRA area; 09 Park and Walks, OS
Traffic Enforcement Details, II Directed Patrols, 04 Citizen Assists, 04 Community
Meetings and conducted 52 Watch orders;
ii. The CPU Sergeant has continued to have the substation updated and maintenance
completed and has taken occupancy in the building to provide resources to CRA
residences, several repairs are still pending;
-5 -City Manager's Report to the Commission for August 6, 2013
iii. All four (4) CRA Officers schedules were adjusted to have a heighten presence in the CRA
area;
iv. CPU personnel met with Lee Park Manager to discuss issues and concerns in the area;
v. CPU personnel met with the building manager of Red Road Commons;
vi. CPU attended the Regional Community Collaboration Against Violence (RCCV) held in
downtown Miami;
vii. CPU personnel assisted with a rally in support of Trayvon Martin;
*CPU information is from July 14, 2013-July 28, 2013.
Criminal Investigations Division
i. On July 25 th , 2013, GIU Detectives recovered electronic surveillance equipment valued over
$3,000.00 and have identified possible suspects;
ii. On July 20th , 2013, SIU Detectives performed a narcotics operation where 10 kilograms of
cocaine were seized with a street value of about $4 millions dollars;
iii. On July 31 S\ 2013, SIU Detectives, working together with Opa Locka p.o. served two (2)
search warrants resulting in the arrest of three (3) subjects. During the search, detectives
seized 100 grams of Crack Cocaine, 3 Ibs of Marijuana, 4 ounces of powder cocaine, 10 grams
of Ecstasy and 2 grams of Heroin;
iv. During this month, SIU Detective secured Federal arrest warrants for two (2) subjects that
were arrested for cultivating over 100 marijuana plants.
Communications Division
1. Reviewed applications for the vacant Communications officer position;
11. Interviewed nine (9) Communications officer applicants on July 26th with assistance from
the Internal Affairs Sgt.
lll. Worked with OSSI to fix e-citation & electronic Arrest form submittals to the County and
e-crash submittals to the State; this project is ongoing.
Professional Compliance Division
Background Investigations:
1. Background Investigations have been opened on the Communications Officers applicants
that were interviewed on July 26th •
-6 -City Manager's Report to the Commission for August 6, 2013
Training Unit:
1. Worked on buying ammunition for on duty use;
11. Worked three (3) days organizing the SWAT locker;
111. Assisted patrol;
IV. Assisted GIU ref. a homicide case which occurred on Sunday the 7/28;
v. Assisted in locating a possible witness to the homicide case and video on the possible
homicide vehicle;
VI. Riot locker also stocked with riot shields and organized.
Support Services Division
Accreditation Unit, Fleet Management, Records Management, Quarter Master, Property &
Evidence Management:
i. Work on Accreditation; in progress; (date for assessors for the Mock assessment is set to
occur in mid-October 2013);
ii. Awaiting approval of Records Destruction project submitted to City Clerk;
iii. Fleet vehicles were purchased and awaiting their delivery;
iv. Narcotics cases from 20 I 0-20 I I reviewed for closed cases and list being compiled for
destruction. Paperwork prepared for judge's authorization for destruction;
v. New TASER Cartridges have been distributed to replace expired ones;
vi. New digital police radios for our entire fleet have arrived and installed.
Human Resources
Please be advised that no "significant" events have occurred in the Human Resources Department
since the July 16, 2013 Commission meeting. We will continue to maintain our activity and
project status reports, which can be made available at your request.
-7 -City Manager's Report to the Commission for August 6, 2013
Grants and Sustainable Initiatives:
1. Received final approval from Public Housing and Community Development,
Miami-Dade County, of the Request for Proposal (RFP) for the development
of Marshall Williamson Park Improvement Project.
11. Submitted 100% Construction Drawings for the Murray Park Community
Pool to Public Housing and Community Development, Miami-Dade County.
111. Provided comments and revisions of the FY 14 Draft Budget to the Finance
Department.
IV. Coordinated efforts with Valor Security Services at the Shops at Sunset Place
Mall to obtain grant funds.
v. Compiled a needs list for the Police Department and coordinated with Police
Grant Help to obtain grant funding.
VI. Assisted the Office of Management and Budget, Miami-Dade County, during
an audit for the Senior Meals and After School Program grants on july 19,
2013.
vii. Attended the Sustainable Business Council meeting on Tuesday, july 23 at
8:30am in the Miami Beach Chamber of Commerce Boardroom.
PUBLIC WORKS DEPARTMENT
Engineering and Construction Division
Murray Pool: The plans are being reviewed by DERM and the Fire department. WASD has
submitted the developers agreement for City signature. An ordinance is on the August 6, agenda
for commission approval of the agreement.
Sylva Martin Drainage: Construction is complete. Installation of rain gutters is also complete.
Central Services Area: staff is in the process of preparing the previous Central Services area for
storage.
City Hall Sewer Connection: WASD has submitted the developers agreement for City signature.
An ordinance is on the August 6, agenda for commission approval of the agreement.
Bus Shelters: The bid opening was held on july 26, 2013, with 12 bids received. Upon review and
selection, a resolution will be prepared for the Aug. 20 th commission meeting.
-8 -City Manager's Report to the Commission for August 6, 2013
Professional Service Agreementsl CCNA Contracts: Staff continues to review and negotiate
hourly billing rates with the firms. The City has received several signed agreements from firms that
were selected under the CCNA process to provide professional engineering services for Capital
Improvement projects. A resolution will be presented on August 6th Meeting for commission
approval of the agreements.
Dante Fascell Jogging Trail: Work began on the jogging trail and is underway. Work should be
completed the week of August 5, 2013.
Dorn Avenue Drainage Design: Staff prepared a resolution to be presented to the commission at
the August 6th meeting.
Mango Terrace Traffic Calming: Staff prepared a resolution to be presented to the commission at
the August 6th meeting.
West Pinecrest Villa Traffic Calming: Staff prepared a resolution to be presented to the
commission at the August 6th meeting.
Twin Lakes Traffic Calming: Staff prepared a resolution to be presented to the commission at the
August 6th meeting.
Public Works Attachment A
i. Delivered (15) new garbage containers to residents.
ii. Filled (12) crane holes.
iii. Troubleshoot ale problem at the City Clerk's office.
iv. Continued repairs at the Community Center.
v. Filled (3) pot holes.
vi. Repaired electrical outlet at the Sylva Martin kitchen.
Parks and Recreation Division
The following are the accomplishments that have taken place from July 16, 2013-July 30, 2013:
Recreation Division
• We are proud to announce that four (4) children who used to be part of our programs at
the Community Center will be attending college this fall:
Bo Ellis:
Korey Moss:
Jerry Williams
Keyon Elam
Harvard University
Florida International University
Florida International University
St Augustine University
• The Murray Park Pool sign has been installed on SW 68 St.
-9 -City Manager's Report to the Commission for August 6, 2013
• There are only three (3) weeks of summer Camp remaining. We have enrolled four (4)
new children this week. Participants are exposed on a daily basis to educational
components which include math and reading as well as recreational activities. Children
were taken to Grapeland Water Park on July 24, they had a wonderful time. The field trips
scheduled for the weeks of July 19 and July 29 are Super Wheels and Museum of Discovery
and Science. Every other week, different age groups are taken to the Tamiami Pool.
• Football and cheerleading is ongoing. Practices are held Tuesday -Friday from 5:30pm-
8:00pm at Palmer Park and Murray Park. Registration is still open. The Greyghosts football
and cheerleading teams are looking forward to another great season.
Parks Maintenance Division
• Trimmed approximately twenty (28) trees at Murray Park.
• Applied herbicides and Bermuda seeds to prepare for the football season.
• Maintenance transported supplies and equipment (i.e. podium, coolers, extension cords ... )
for the new home opening event on July 26, located on SW 68th St.
Upcoming Events
Our backpack giveaway is scheduled for august 15, 2013 at 5pm at the Gibson-Bethel
community center. We invite you to show your support and community spirit by donating
school supplies, backpacks, or, any other participation would be greatly appreciated. Donations
can be dropped off at the community center. Approximately five hundred (500) children will
be attending.
Planning Department
The following is the department update for the August 6, 2013 Commission meeting.
Please be advised that no "significant" events have occurred in the Planning Department since the
July 16, 2013 Commission Meeting. We will continue to maintain bi-weekly activity and project
status reports, which can be made available at your request.