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City of South Miami
Regular City Commission Minutes
June 21, 2016
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
C. ROLL CALL
Mayor Welsh, Commissioner Harris,·
absent, but joined the meeting for the first
"""CU'Ylrnissioner Liebman was
Also in attendance were: City ney Thomas F.
Pepe, Esq., City Clerk Maria M.
D. MOMENT OF SILENCE
E. PLEDGE OF
F. IGHT MUST HAVE BEEN
G.
H.
a)
< 2016 were unanimously approved as presented.
(See attached)
:!.:. CITY ATTORNEY'S REPORT
[City Attorney reminder: Remarks are limited to those matters that are not quasi-
judicial. Any comment on a quasi-judicial matter may be made when the item is called
and the speaker is under oath.]
CITY COMMISSION MINUTES
June 21, 2016
1
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2 Summary of City Attorney's Report: The City of South Miami, and Miami-Dade
3 County have requested an extension of time until the thirtieth of July to file a response to a
4 motion by FP&L; the Southeast Investment case.
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K. PUBLIC REMARKS
The following individuals addressed the Commission at the opening of Public
Remarks: Daria Feinstein, Daniel Blaeuer, Dick Ward, Ter?~,~;;~alvez, Beth Schwartz, Douglas
Thompson, Antoinette Fischer, Lee Jacobs, Jorge Milian./zi0i;lj}
/.{%PWJ?%:: ...
~ ::;J:XM~,[t?~;:D}@}~;-<
COMMISSION REPORTS. DISCUSSIONi&;~~MARKS ·'iii;i;~~:
·;;>:~~}~~A:\ ....
Commission Remarks: ~pmments o~lt6;g··Jir~Wdtks event; th~;~aJe of city hall;
summer jobs for kids at no cost to tH~ietnployers sp~H$dr~t(by the Children's rfGst.
M . CO N SEN TAG EN D A ··'·;~;';l:,~:~~2'i~~f~;[·ii·;!,;.';;;i'!I~j~!1~h
1.
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Edmond
None
2. A Resolution authorizing a temporary change in the permitted hours of
construction operations of Electro Graphics to perform work for the
Crossroads Building. 3/5
(City Manager-Public Works)
CITY COMMISSION MINUTES
June 21, 2016
2
1 Moved by Vice Mayor Welsh, seconded by Commissioner Edmond, the motion to
2 approve Resolution No. 112-16-14667 authorizing a temporary change in the permitted hours
3 of construction operations of Electro Graphics to perform work for the Crossroads Building,
4 passed by a 4 -0 vote:
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2~
3.
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris ,<;".
Commissioner Edmo~.g;,;i?;'
-.:.:;:;:;\:!. ::w~::::: None
". ·:· .. ·::~·:·:t-:::;~2¥~}t.:-
A Resolution authorizing a temH9r~W{~ha~~~~;in the permitted hours of
construction operations of Florig~i'[R'wer & Light;"r~lfbJ to perform work on SW
62 Avenue, between SW 70t~.j~~~~;~t and South Dixi€f~lkbway. 3/5
(City Manager-Public Works)iiJ!J\,in;;;:\
C", ':;'~"
Moved by Vice Mayor wels~/s~~onded byCc;m~!~~J~ger Edmond, th€'r!)ption to
approve Resolution No. 113-16-146q?'i~4thQrizing a t~ri{~«f~ry change in the p~'rmitted hours
of construction operations of Florida"~&W~~;'~;~ight (FPL)it8':;p~rform work on SW 62 Avenue,
between SW 70th Street and South Di~l¢:lJigh;W~Yf;ppssed b~;'~;4-0 vote:
;·:;~!t~~;:: ··;<t~L~t~}·-·· ";./.? .~:: "
'y~y:/{·;.;./:;; M a ;g~~!~.~~~ .. ~~.~~~;'l~;,;;;.)<·~{d'
Z,'" '; Vice Mayq~;',Nelsh
c .. Commis~i6her Harris
"£>; (j. i':;iGQmmissiaiW~t Edmond
_,. '. : ..... >.:~... ":::~':':; ::::.);;:~)<.(::::::: c' .. , ..• , ..... " •• ... f::": .. :·
.« "..<!ciH~flY :" N6he\;{~.;. ::;:.:!;,,: < :.:: .... :.~.) .... ;:<:; :::~:<::f> . -.;:,;,.
, .... " .... , ~ '............. . ~ .•. : .. [ ..•..•... ~ .•..... :,. ..... . .; ....... '.; ... ;;,.. . .. '., ... :: ...••.•.....••........
J '''';<}:.. E. h;~) A Resolutltiijiiputho'Htlhg the CityM~nager to purchase a Ford F-150 Truck from
"'<;6;[,> Don Reid F6f~>!nc.i'J!';i.. 3/5
>t'.Yik \;'\;";/i (CityM~hager-Public Works)
'-~;'.: '.:~:~
Moved by Viq~.JY1ayor \J\l~I~h, seconded by Commissioner Edmond, the motion to
approve Resolution Nb'1~+4-:t6t~~669 authorizing the City Manager to purchase a Ford F-150
Truck from Don Reid ForBj~;,~'~;~~'Bassed by a 4 -0 vote:
Yea:
Nay:
CITY COMMISSION MINUTES
June 21, 2016
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Edmond
None
3
N. RESOLUTION(S)
4. A Resolution rescheduling the regular City Commission meeting currently
scheduled for July 5, 2016. 3/5
(Mayor Stoddard)
3
4 Moved by Mayor Stoddard, sewnded by Commissioner Harris, the motion to approve
5 Resolution No. 115-16-14670 rescheduling the regular City COl1]mission meeting currently
6 scheduled for July 5,2016, passed by a 4 -0 vote:'r~/
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Yea:
Nay: None " "y.,
... ,/ ....
5. A Resolution calling .. YRon Florida AttQt:9¢'Yl~eneral Pam Bor1qlil,to reopen the
case against the Tf;QropJ!;Jn~titute andY~r1y'affiliated entities ~/nd individuals,
appoint independent;~B~EI~f:¢9ynsel, andJ~jQthe lawsuit filed by the State of
New York. \;;i ·'().k.. "tti!~i!(Deferred 6/07/16) 3/5
(Vi ce ~(W2r.\{)I e Ish ); ;["tJi;"?:XA . /;.?'
~:':: k:r:t:::;;,:::: "~<~:'::"
Moved by M~Y9fStodd~~a~E~econded~Y;YiP~May~nNJ~lsh, the motion to approve as
amended Resolution(\J8~:~}.6-16-1~~71 calling'qBbn Florida Attorney General Pam Bondi to
reopen the~fSE;!pg~inst th~Tor.~.?J.~lh$l.it~te and;~ljy.affiliated entities and individuals, appoint
indepen9~.Q~;§P:e:~r~Uq9unsef;:~~ci.j6infHe;Jt;1W?yit~!§g by the State of New York, passed by a 4
-0 VO\§~!~~;1:Y"··.?F';.·.: .•. ' .•. "' .•.. , .••.... , ................... . ',>:X::;',;::,,: "{.:::Yk':::, " '1~).;. 'i\
Yea: . ··f;~:.> \;t%1~yor Stoddard
vlt~+vlayor Welsh
Commissioner Harris
Commissioner Edmond
None
A Resoluti~~~amending Resolution 084-16-14639 and urging the Miami-Dade
County Board of County Commissions to reject the request to change existing
zoning of the University Baptist Church property folio 30-4035-052-0010. 3/5
(Vice Mayor Welsh)
20 Moved by Mayor Stoddard, seconded by Vice Mayor Welsh, the motion to approve
21 Resolution No. 117-16-14672 amending Resolution 084-16-14639 and urging the Miami-Dade
CITY COMMISSION MINUTES
June 21, 2016
4
1 County Board of County Commissions to reject the request to change existing zoning of the
2 University Baptist Church property folio 30-4035-052-0010, passed by a 4 -0 vote:
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7.
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Edmond
None
A{;:}>;.
·;,;:{)X«;:)'··
A Resolution of the Mayor and City Com01J~slon of the City of South Miami,
Florida, supporting the Miami-Dade C()dnbif~~()lution urging the United States
Army Corps of Engineers, The Flori9(3'l5epartni~Qt;ef Environmental Protection
and the South Florida Water Mar'l~gement DistrfE~;;t() expedite phase II of the
Biscayne Bay Coastal wetlan~;~r:~:·Stodd:rd) .0i;;7t'~?;c. 3/5
Moved by Mayor Stoddard, ,~§!f9nded by c6ri1~.isc.t9E~fHarris, the ~atj~n to approve
Resolution No. 118-16-14673 sUPP&(tj.pg}tPrMiami-Dad,~:Qounty resolution urging the United
States Army Corps of Engineers, TheFIR.~laaJ:?'~Rr~tment()t·f~pYironmental Protection and the
South Florida Water Management Distridt;toexpedite phas~nof the Biscayne Bay Coastal
"';'0:';:,,;-;::, ... : ...•.... ::: .• _. " .f,',',
Wetlands Project, passe~.?y;~//t;~ 0 vote:~~;~[i, ·····)~;;·ni;Gji» ····~i~,:;:
.. j~~~~: . ....}.~. May~;~f~~a~f~
i.I ·:itir Vice Ma~¢rNvelsh
;?~?:'P!~issi8q~.~H a rris
... ;<··.· .... · ..... ··· .. ::1.;)/;'..}.· ....•..•......... :...................... CortiroissionefEdmond
.;;:~:/:;;:::;:::?>o/.. .. ,.' ...... .
. " Na.· .•. · ... ·.·y .• ·.·.• .. · ..... ·•...••..•..•...•.....•.•.....•.•.•..•...•.•.. ..... Non ~'~~ .•• >.< . : .. ; ~ ...... ' . ·,,::~:~;;tti~· '::';'/:;::;-'::.>:.
····;·s<J:;r ..
8:W;!~;\A Resolution2i;efthe tity.~t South Miami calling for the Florida Legislature to
M.Jp.ip other stafe~ •. in proHibiting the sale and possession of rapid fire and high
'(?8'\Ner "assault'Y!Weapons. 3/5
(Mayor Stoddard)
Moved by Vic~~fIVti~~~;Sh, seconded by Commissioner Harris, the motion to approve
Resolution No. 119-16-1467:4 calling for the Florida Legislature to join other states in prohibiting
the sale and possession of rapid fire and high power "assault" weapons, passed by a 4 -0 vote:
Yea:
Nay:
CITY COMMISSION MINUTES
June 21, 2016
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Edmond
None
5
9. A Resolution accepting the offer by FlU faculty to conduct a Community
Conversation on Sea LevelRise in the City of South Miami. 3/5
(Mayor Stoddard)
3
4 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
5 Resolution No. 120-16-14675 accepting the offer by FlU faculty to conduct a Community
6 Conversation on Sea Level Rise in the City of South Miami, by a 4 -0 vote:
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O.
first.
. Yea:
Nay:
Vice Mayor.
Commission~r
Commissiori~tEdmond
None
RESOLUTION(S) PUBLIC HEARING(S)
10. A Resolution appr~Vlhiand authori~ihgfh'~ City Manager to execute a three
(3) year (October f2(H5:-7'<Septemb~f,;30, 2018 ) collective bargaining
agreement (Lieutenant~and db'f~ins) betwe~~the Miami-Dade County Police
BenevolentAssociation ahdthe ciiy:bfSouth Miah1i. 3/5
(CitVMahagerI;,p~(.' ·".i..: ·····::'.i.<;" .. >:;~>::: .
This itemW~s;taken oytof order ~rid'~oved to the front of the agenda to be heard ... ?? ...
.~. .
M;~V~db~~~~Br~§todd'~r~/second~dbV.\'i.ce Mayor Welsh, the motion to approve
ResoIJti9hl~.Jo. 121-16-14676approvil1g and authorizing the City Manager to execute a three
(3) year (6~~Ap~r 1, 2015 -S~R.tembJf~Q,2018 ) collective bargaining agreement (Lieutenants
and Captains)8~~.~een the Mi~rPi-Dade't:8unty Police Benevolent Association and the City of
South Miami, p~~$eQ by a 5 -O\V¢te:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
11. A Resolution authorizing the City Manager to enter into a three-year
agreement with AT&T to replace existing network connections at Parks and
Recreation, Public Works and City Hall. 3/5
CITY COMMISSION MINUTES 6
June 21, 2016
(City Manager)
1
2 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
3 Resolution No'. 122-16-14677 authorizing the City Manager to enter into a three-
4 year agreement with AT&T to replace existing network connections at Parks and Recreation,
5 Public Works and City Hall, passed by a 4 -0 vote:
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12.
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh .. ·;'
Commissioner ~'(lr~i$'{
Commissioner Edmond ....
None
-:i:'>~:::"
.; .... ;':
A Resolution related to a requ~st'pursuantto Section 20:i.:Z.6(c)(2)(bL 20-7.7,
and 20-7.8 of the Land Developrtleht code requesting a'stit'lcial exception
waiving strict com6n~i1cewith the lofCdVerage, parking, height, and setback
provisions of the H6~etb\'Yn .. DistrictO~~rlay Ordinance for a proposed
addition located at 5875 Sunset Drive. 4/5
(City Manager~Planning &Zoning)<
":;>/\':'«~~:';'.,~\, ,
This iten1)"~~~~res~~Rt~9 by Pla~~'lhgp;~~~to;tbfhpkins.
AttorneYS;~~t~~entin~fh(;"!apPlica~~'~Pdressed the Commission with regard to the
request ~9r.~l?g~!~J~~yePtidhK(.;·;;C'······"'i ...•..••...... ,;............ . •••.......
,'::": " .~ :" <~\~~ Architect'fa'W~~~;proj~~~iFthan R;~~I'bresented the visuals of the project.
M~J~~QY Mayor St~d~~rd, se~~~;~ed by Vice Mayor Welsh, the motion to approve
Resolution NO:[??~~6-14678 r~hlyesting a special exception waiving strict compliance with the
lot coverage, parkfhgtheight, a~~"setback provisions of the Hometown District Overlay
Ordinance for a propb$~qadgjti9h located at 5875 Sunset Drive, passed by a 4 -0 vote:
", ',.,.... '--:'V .. "';:' '~}'.;.:,:, , ';)~"""':"":
\) .. :.::>.:::.p:.~.::::.::
Yea:\:'
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Edmond
None
P. ORDINANCE(S) SECOND READiNG(S) PUBLIC HEARING(S)'
CITY COMMISSION MINUTES
June 21, 2016
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13. An Ordinance amending Chapter 13A, Section 13A-22 of the City of South
Miami Code of Ordinances, entitled "Balloon Regulations," providing for the
regulation of balloon usage and balloon releases in the City limits. 3/5
(Mayor Stoddard & Vice Mayor Welsh)
The City Attorney explained that in the absence of a penalty provIsion in the
ordinance, provisions in the Code will apply for a $500 fine, or for a maximum of six months in
jail, and that any violation to this section will be considered as a regular Code violation.
.' C~::"}.
Moved by Mayor Stoddard, seconded by Vice MaY9r~~I~h, the motion to approve
Ordinance No. 13-16-2246 amending Chapter 13A, Se9t.i9?i2~-22 of the City of South Miami
Code of Ordinances, entitled "Balloon Regulations,"prqvldingf(.)rthe regulation of balloon
usage and balloon releases in the City limits, pas~¢~by a 4 -0 vot~:,;
14.
MaYOr$t~~dard
Vice May6~W~lsh
Yea:
.<?«?mmiSSion~rH~Fris.i'
; Commissioner Ed.n1orid
Nay :~\~~n$~~'G.;,./ ..
An Ordinc;HJC~. amendi~~~;;the~~Ad t>~velopm~rit Code, Article III, "Zoning
Regu!~tI()fls;II\'~~~G}ion 20-3,;~/. "7.~RRjefu@Nc;ll R~gulations," to amend and
clarif~~~e height,!cirritationS91l.fentes, wa'lIs,hedges and similar features in
residehtii;llfoning~i~tricts. . ..........•..... 3/5
... (City Ma~~g~r~PI9t1riing~Zoning)l/
. .. . ',,' :: ........ :.~.-.-:." 8;>:j>~ :.,' . : .... .; .. :.~. :: ~i;: {<::..:::::. · .. ··\·::<L::.::.;
AYl6v~dbYM~YPt •. ~todd~t~~.second~d'~Y§9rlimissioner Harris, the motion to approve
ordin~·~¢rJ\jO. 14-16-2147ClTendlH&~re Land 6~telopment Code, Article III, "Zoning
Regulatiori$j".Section 20-3':6;;::i!supp(e'Yl}~rtal Regulations," to amend and clarify the height
limitations ohfe.nces, walls, h'eages and's'j'thilar features in residential zoning districts, passed by
a 4 -0 vote:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Edmond
None
15. An Ordinance amending Section 20-5.4, "Complete applications required,"
Section 20-5.5, "Applications requiring public hearings," and Section 20-5.6,
"Applications in general," of the South Miami Land Development Code to
establish requirements for a transportation impact analysis, and other changes
CITY COMMISSION MINUTES 8
June 21, 2016
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including correction of names, clarifying notice requirements, and establishing
authority to defer an item. 3/5
(City Manager-Planning & Zoning)
Moved by Mayor Stoddard, seconded by Vice Mayor Welsh, the motion to approve
Ordinance No. 15-16-2248 amending Section 20-5.4, "Complete applications required," Section
20-5.5, "Applications requiring public hearings," and Section 20-5.6, "Applications in general,"
of the South Miami Land Development Code to establish requirements for a transportation'
impact analysis, and other changes including correction of ngt6¢$, clarifying notice
requirements, and establishing authority to defer an iterl)r6:~~~§~d by a 4 -0 vote:
Q.
Yea: Mayor StOddard';!:''': ~:"'.;,
Vice MaYorW~lshi)\
commis~I¢b~'r Harris
CommissiOner Edmond
°l:INA::E::~::n:: :E~~~i~l;~~~i3h\ 20~~);~~:t:e City of so:t~) Miami's ~nd
Development Code to add}criteri~fdtthe Cit/~,abproval of the subdivision of
land:,iri~ll.Idihg~~~diVisionhy~~~i~~f'6f~blat.<?r tHFough the process set forth
in Chapter 28 o(t:heMiami-D~deColmty C6de, > 3/5
(Comriiissioners H~'rHs and Edn16hd)
.Thi$l1:emwas ais6takelloOt:tiforder ~i)(lheard following item No. 10. .,' "~'.~:'., :.:'., .... . .... ' .... ~ ..... '.::. . ... \(:y;~:;::~: .... :: .. :.:::,< .... <::::c:., :.;:>,,:
"::~.::~:::.::.: ' ··,'t~<':::.:::::·.... ':'.<.,:: :'<:}:'.; "~<\::;;:.:.:.:::
\~he Commissio9<discLJs~~qthe proposed ordinance. Commissioner Harris proposed
adding langY91ge to provide'th~~all pb~liA~lIeys and roadways shall not be considered as part of
the squaref0.9t?ge of the ~G~J~ct pr6pe'rty. Land use attorney, Gary Held then provided the
following langJiag~ito be addea'Pn page 2, line 44: "Lot area and street frontage calculations
shall exclude abutfi'hgpublic rQ,~~ways and alleys." Moved by Commissioner Harris, seconded
by Mayor Stoddard, tH~'~rnendn1ent passed 4-0
:-c~.:::·'"
'" V·:.< .,'
Commissioner Ffarris also said to be against the following language on line 49 of
page 2 of 5: "Compliance with this provision may occur by demolition or relocation of existing
structures."
27 After further discussion on the item, Commissioner Edmond proposed deferral in
28 order to obtain further clarification from the attorneys before bringing it back for final
29 approval.
30
CITY COMMISSION MINUTES
June 21, 2016
9
1 Moved by Commissioner Edmond, seconded by Commissioner Harris, the motion to
2 defer An Ordinance amending Section 20-4.2 of the City of South Miami's Land Development
3 Code to add criteria for the City's approval of the subdivision of land, including subdivision by a
4 waiver of plat or through the process set forth in Chapter 28 of the Miami-Dade County Code,
5 passed by a 4 -0 vote:
6
9
10
Yea:
Nay:
R. ADJOURNMENT
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
June 21, 2016
Mayor Stoddard
Vice Mayor Welsh
Commissioner
None
10
THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander
June 21, 2016
Managers Report
The AFSCME union has voted to accept a new contract with the City that
contains the CPI based COLA increase and to be able to access the new
Pension when it is authorized and in place. This leaves only the Police Lower unit
of Officers and Sergeants that have not seen the wisdom of those excellent
benefits.
We met with Commissioner Suarez office and top administrators from the County
Transit and Public Works regarding providing better access from City Hall to US-1
for our Police Department who frequently gets hindered in their exit from the
Police Headquarters by rush hour congestion on Sunset Dr. The Commissioners
office was well represented by the Chief of Staff and were very supportive of our
request.
We received an updated LOI for the Library property, which I is a revision of Jim
Dorseys Bindor LOI. I will brief each of you on this proposal at your request but it
is still reflecting $2.5 million for the approximate third of an acre that the Library
occupies and is updated by a commitment to rebuild a Library at a different
location for which they will commit up to $300/sq ft or $3.75 million assuming a
12,000 sq ft library building.
4th of July Celebration
The City's Parks and Recreation will be hosting its annual 4th of July Celebration
at Palmer Park.
The event will be held from 5:00 PM to 9:30 and will feature live bands,
concessions, a kid's zone, and a spectacular fireworks display show.
If there is a cancellation, the event will be held on Tuesday, July 5th at 5 PM.