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_Ha1 2 3 ~ 10 City of South Miami Regular City Commission Minutes November 1, 2016 A. SILENCE OR TURN OFF ALL CELL PHONES B. ADD-ON ITEM(S) e. ROLL CALL 11 The following members of the City Commission were present: Mayor Stoddard, Vice 12 Mayor Welsh, Commissioner Harris, Commissioner Liebman, Commissioner Edmond. 13 14 Also in attendance were: City Manager Steven Alexander, City Attorney Thomas F. 15 Pepe, Esq., City Clerk Maria M. Menendez, CMe. H ~3 ~~ ~~ ~§ 30 31 ~3 34 35 ~~ 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. H. I. J. PRESENTATIONS ill "Food, Wine & Spirits Festival" APPROVAL OF MINUTES a) Minutes of October 18, 2016 The Minutes of October 18, 2016 were unanimously approved as presented. CITY MANAGER'S REPORT (See attached) CITY ATTORNEY'S REPORT C~~Y COMMISSIOK MINUTES November 1, 20~6 1 [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.] 2 Summary of the City Attorney's Report: an appeal was filed in the Orlando Martinez 3 de Castro case; working on the new CCNA solicitation; working on the first challenge of the red 4 light cameras. 6 K. PUBLIC REMARKS 7 8 The following individuals addressed the Commission: Jeanelle Woodward, Peter 9 Jude, Christy Sellars, Dick Ward, John Edward Smith, Ahmad Lama, Lee Jacobs, Kenneth Merker, 10 Yvonne Beckman, Antoinette Fischer, Dr. Anna Price. H L. COMMISSION REPORTS, DISCUSSION & REMARKS 13 14 Commission Remarks: the sale of city hall; the item relating to the SMCRA budget; 15 the proposed abandonment of a portion of SW 82 Street; about Safe Streets; announcing the 16 upcoming art show. 18 21 M. CONSENT AGENDA 1. A Resolution acknowledging Commissioner Josh Liebman's (Group Seat II) appointment of Maximo Monterrey as the representative of Group Seat II, to serve on the Budget and Finance Committee for a term ending September 30, 2017. 3/5 (Commissioner Liebman) 22 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 23 Resolution No. 201-16-14756 acknowledging Commissioner Josh Liebman's (Group Seat II) 24 appointment of Maximo Monterrey as the representative of Group Seat II, to serve on the 25 Budget and Finance Committee for a term ending September 30,2017, passed by a 5 -0 vote: 26 Yea: Nay: C:TY COMM~SSlO~ MINUT~S November 1, 20: 6 Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 2 1 2. A Resolution acknowledging Commissioner Liebman's (Group Seat II) re- appointment of Bradley Cassel, as the representative of Group Seat II, to serve on the Pension Board for the South Miami Pension Plan for a two-year term ending October 31, 2018. 3/5 (Commissioner Liebman) 2 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 3 Resolution No. 202-16-14757 acknowledging Commissioner Liebman's (Group Seat II) re- 4 appointment of Bradley Cassel, as the representative of Group Seat II, to serve on the Pension 5 Board for the South Miami Pension Plan for a two-year term ending October 31,2018, passed 6 by a 5 -0 vote: 7 10 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 3. A Resolution acknowledging Commissioner Josh Liebman's (Group Seat II) appointment of Chris Wolfe as the representative of Group Seat II, to serve on the Environmental Review and Preservation Board for a two-year term ending October 31, 2018. 3/5 (Commissioner Liebman) 11 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 12 Resolution No. 203-16-14758 acknowledging Commissioner Josh Liebman's (Group Seat II) 13 appointment of Chris Wolfe as the representative of Group Seat II, to serve on the 14 Environmental Review and Preservation Board for a two-year term ending October 31, 2018, 15 passed by a 5 -0 vote: 16 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 4. A Resolution authorizing the City Manager to purchase from Parker Systems, Tier 2 Support for the fifty three (53) pay stations at $250 per machine, in an C~TY COM~=SSIOK MIKG~ES November ~, 2C16 3 1 amount not to exceed $13,250. (City Manager-Finance) 3/5 2 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 3 Resolution No. 204-16-14759 authorizing the City Manager to purchase from Parker Systems, 4 Tier 2 Support for the fifty three (53) pay stations at $250 per machine, in an amount not to 5 exceed $13,250, passed by a 5 -0 vote: 6 9 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 5. A Resolution of the City of South Miami Commission Opposing the Florida Department of Environmental Protection (DEP) and Environmental Regulation Commission (ERe) weakening of human health protections through new human health-based water quality criteria for our waters and urging the u.S. Environmental Protection Agency to deny Florida's proposed Human Health- based Water Quality Criteria. 3/5 (Mayor Stoddard) 10 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 11 Resolution No. 205-16-14760 Opposing the Florida Department of Environmental Protection 12 (DEP) and Environmental Regulation Commission (ERe) weakening of human health protections 13 through new human health-based water quality criteria for our waters and urging the u.S. 14 Environmental Protection Agency to deny Florida's proposed Human Health-based Water 15 Quality Criteria, passed by a 5 -0 vote: 16 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 7a. A Resolution urging municipalities within Miami-Dade County to partner with the county to secure state and federal funding to assist with eliminating septic systems and converting to sewer system connections. 3/5 C~~~ COM~~SS~O~ ~=NJ~~S N ove;nbe c ~, 2 0 ~ 6 (Commissioner Harris) 1 2 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 3 Resolution No. 206-16-14761 urging municipalities within Miami-Dade County to partner with 4 the county to secure state and federal funding to assist with eliminating septic systems and 5 converting to sewer system connections, passed by a 5 -0 vote: 6 11 Yea: Nay: N. RESOLUTION(S) Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 6. A Resolution authorizing Unlimited Sales Group Inc. to host its First Annual South Miami Food, Wine and Spirits Festival on 72nd Street (Sunset Drive) from South Dixie Highway to 58th Avenue. 3/5 (City Manager-Parks & Recreation) 12 Following a discussion about this item, the Commission proposed deferral for the 13 purpose of conducting further research on the request. 14 15 Moved by Commissioner Liebman, seconded by Mayor Stoddard, the motion to defer A 16 Resolution authorizing Unlimited Sales Group Inc. to host its First Annual South Miami Food, 17 Wine and Spirits Festival on 72nd Street (Sunset Drive) from South Dixie Highway to 58th 18 Avenue, passed by a 5 -0 vote: 19 22 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 7. A Resolution authorizing ROK:BRGR to host its 3rd Annual Fall Festival on 58th Avenue from 73rd Street to 74th Street. 3/5 (City Manager-Parks & Recreation) CITY CO~M:SSION M~NGTES c;ovember:,20l6 5 1 This item was pulled from the Consent for further comments and for supporting 2 waving fees in the amount of $700. 3 4 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve as 5 amended Resolution No. 207-16-14762 authorizing ROK:BRGR to host its 3rd Annual Fall 6 Festival on 58th Avenue from 73rd Street to 74th Street, passed by a 5 -0 vote: 7 10 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 8. A Resolution approving the annual South Miami Community Redevelopment Agency budget for Fiscal Year beginning October 1, 2016 and ending September 30, 2017; approving the appropriations and anticipated expenditure of the funds and authorizing the Agency to transmit the budget to Miami-Dade County for final approval. 3/5 (SMCRA) 11 The public was allowed to speak on this item: Eugene Pugh, Donald Jackson, Pastor 12 Rodney James, Rodney Williams. 13 14 Following discussion on this item, the Commission recommended deferral in order 15 to meet with the Concerned Clergy as requested. 16 17 Moved by Commissioner Edmond, seconded by Vice Mayor Welsh, the motion to defer 18 A Resolution approving the annual South Miami Community Redevelopment Agency budget for 19 Fiscal Year beginning October 1, 2016 and ending September 30,2017; approving the 20 appropriations and anticipated expenditure of the funds and authorizing the Agency to transmit 21 the budget to Miami-Dade County for final approval, passed by a 4 -1 vote: 22 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Edmond Commissioner Liebman 9. A Resolution relating to the review and acceptance of the Annual c=~y CO~M=SS~O~ ~:KJ~ES November-=, 2C~6 6 1 2 3 Development Agreement Report of the RRC 57th Avenue LLC [Red Road Commons). 3/5 (City Manager-Planning & Zoning) Mr. Proctor representing the Red Road Commons addressed the Commission. 4 Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve 5 Resolution No. 208-16-14763 relating to the review and acceptance of the Annual Development 6 Agreement Report of the RRC 57th Avenue LLC [Red Road Commons), passed by a 5 -0 vote: 7 8 9 10 11 12 13 a) Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None A Resolution relating to the review and acceptance of the Annual Report of the RRC 57 Avenue LLC (Red Commons). (City Manager-Planning & Zoning) Housing Road 3/5 14 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 15 Resolution No. 209-16-14764 relating to the review and acceptance of the Annual Housing 16 Report of the RRC 57 Avenue LLC (Red Road Commons), passed by a 5 -0 vote: 17 18 19 20 21 22 23 24 b) Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None A Resolution acknowledging Commissioner Gabriel Edmond's (Group Seat I) appointment of Douglas Thompson, as the representative of Group Seat I, to serve on the Environmental Review and Preservation Board for a two-year term ending October 31, 2018. 3/5 (Commissioner Edmond) C~,V CO~~ISSIOK ~,N~TSS Novenilier :, 20=-6 7 1 Moved by Mayor Stoddard, seconded by Commissioner Edmond, the motion approving 2 Resolution No. 210-16-14765 acknowledging Commissioner Gabriel Edmond's (Group Seat I) 3 appointment of Douglas Thompson, as the representative of Group Seat I, to serve on the 4 Environmental Review and Preservation Board for a two-year term ending October 31, 2018, 5 passed by a 5 -0 vote: 6 7 8 9 10 11 12 c) Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None A Resolution of the City of South Miami requesting that the Miami-Dade County Board of County Commissioners not change the zoning of 5620 and 5700 SW 67th Avenue from Estate 15,000 square feet minimum to commercial use. 3/5 (Vice Mayor Welsh) 13 Moved by Mayor Stoddard, seconded by Vice Mayor Welsh, the motion approving as 14 amended Resolution No. 211-16-14766 requesting that the Miami-Dade County Board of 15 County Commissioners not change the zoning of 5620 and 5700 SVV 67th Avenue in the area of 16 the southwest corner of SW 56 th Street and SW 6ih Avenue from Estate 15,000 square feet 17 minimum to commercial use, passed by a 5 -0 vote: 18 19 20 21 22 23 24 d) Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None A Resolution approving Miami-Dade County's proposal to apply the mosquito larvicide Bti in South Miami's Hometown District to reduce the potential for an outbreak of the Zika virus. 3/5 (Mayor Stoddard) 25 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 26 Resolution No. 212-16-14767 approving Miami-Dade County's proposal to apply the mosquito 27 larvicide Bti in South Miami's Hometown District to reduce the potential for an outbreak of the 28 Zika virus, passed by a 5 -0 vote: C=TY co~~~ss~o~ MTN~~~S KoveTbe~ 1, 20~6 8 1 2 a 5 ~ 8 9 10 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None O. RESOLUTION(S) PUBLIC HEARING(S) 10. A Resolution approving a special use to permit a fraternal organization/private club at 6304 SW 78 Street. 4/5 (City Manager-Planning & Zoning) Attorney Micky Marrero representing the applicant addressed the Commission. 11 A couple of neighbors addressed concerns from neighbors regarding parking 12 spillage in the surrounding neighborhood, as well as sound and lighting intrusion after 10:30. 13 14 Moved by Mayor Stoddard, seconded by Commissioner Edmond, the motion to approve 15 as amended Resolution No. 213-16-14768 approving a special use to permit a fraternal 16 organization/private club at 6304 SW 78 Street, passed by a 5 -0 vote: 17 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) 11. An Ordinance amending the Land Development Code, Article VI, Section 20- 6.1, and other applicable provisions, to define the term "less restrictive" as it applies to the voting requirements of the City Commission. 3/5 (Vice Mayor Welsh) 12. An Ordinance vacating and abandoning a portion of SW 82 Street more fully C~7Y COXX:SSTOX XIXC;ES Nove~~ec :, 20:6 9 1 described in a legal description set forth herein, subject to certain conditions, including the preservation of an easement. (Deferred 10-05-16) 3/5 (City Manager-Planning & Zoning) 2 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to defer An 3 Ordinance vacating and abandoning a portion of SW 82 Street more fully described in a legal 4 description set forth herein, subject to certain conditions, including the preservation of an 5 easement, passed by a 5 -0 vote: 6 9 10 11 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 13. An Ordinance amending the Land Development Code, Article III, Sections 20- 3.4 to add conditions to protect the health, safety and welfare of residential districts and change the requirements for the special use approval of fraternal organizations and private clubs and amend their parking requirements in section 20-3.3 of the LDC. siS (Commissioner Harris) This item was pulled out of order to be heard before item #10. 12 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 13 Ordinance No. 29-16-2262 amending the Land Development Code, Article III, Sections 20-3.4 to 14 add conditions to protect the health, safety and welfare of residential districts and change the 15 requirements for the special use approval of fraternal organizations and private clubs and 16 amend their parking requirements in section 20-3.3 of the LDC, passed by a 5 -0 vote: 17 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None Q. ORDINANCE(S) FIRST READING(S) c=:y COM~~SS~O~ MI~~T~S Kove~~er 1, 28~6 1 14. An Ordinance amending Section 20-6.1 of the City of South Miami Land Development Code, to make corrections and to amend the membership and quorum requirements for the Planning Board. 3/5 (City Manager-Planning & Zoning) 2 Moved by Mayor Stoddard, seconded by Vice Mayor Welsh, the motion to approve An 3 Ordinance amending Section 20-6.1 of the City of South Miami Land Development Code, to 4 make corrections and to amend the membership and quorum requirements for the Planning 5 Board, passed by a 5 -0 vote: 6 9 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 15. An Ordinance amending Chapter 2, Article I, Section 2-2.1 (B), (C) and (C) 1 and 2 of the City of South Miami Code of Ordinances, to modify the capitalization of key words and to add requirements for Sunshine Meetings. 3/5 (Commissioner Harris) 10 The Commission discussed the proposed ordinance, recommending a few 11 amendments that will be reflected on the item at its second reading. 12 13 Moved by Commissioner Harris, seconded by Commissioner Edmond, the motion to 14 approve as amended An Ordinance amending Chapter 2, Article I, Section 2-2.1 (BL (C} and (C} 1 15 and 2 of the City of South Miami Code of Ordinances, to modify the capitalization of key words 16 and to add requirements for Sunshine Meetings, passed by a 4 -1 vote: 17 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Edmond Commissioner Liebman 16. An Ordinance amending the City of South Miami Land Development Article VI, Section 20-6.1(B) (4) (a) iii to provide for a recommendation of the Planning Board when the Board is deadlocked. 3/5 (City Attorney) C=T~ COM~=SSIOK MINJ~'~S NoveC"ne:r " 2016 1 2 The City Attorney presented this item. 3 4 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 5 An Ordinance amending the City of South Miami Land Development Article VI, Section 20-6.1(B) 6 (4) (a) iii to provide for a recommendation of the Planning Board when the Board is deadlocked, 7 passed by a 5 -0 vote: 8 11 12 13 Yea: Nay: R. ADJOURNMENT Attest Maria M. Menendez, CMC City Clerk C~TY COM~=SSIOK ~IN~~ES "iover:toec ~, 28: 6 Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None ~2 Approved Philip K. Stoddard, PhD Mayor ',~;, <:;., Sou;hl~iami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER MEMORANDUM Tllf CITY or Pir:t\SAI\:T LlVINC To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander DATE: November 1,2016 SUBJECT: Managers Report Mayor Stoddard won the award as the Most Outstanding Green Elected Official for the USGBC South Florida Region's GalaVerde Awards Program. The GalaVerde Awards dinner took place October 29, at the Hilton West Palm Beach. Congratulations on this noteworthy achievement! Officer Serguey Hernandez was presented with a plaque for Officer of the Quarter for the South Miami Rotary Club. This award was awarded for his work in the downtown area as the walking beat officer. We would request item 12 be deferred to the next meeting based on a request from Mickey Marrero who is the attorney for the applicant. This is the Morel -Vacation of ROW request for abandoning a portion of SW 82nd St. We would also request item 13 be deferred to the next meeting to perfect some remaining language. I have directed the Chief to instill in our officers that we should provide as much training as possible to avoid treating persons with unusual circumstances in the proper manner. I have also directed him to emphasize that deadly force is a tool of last resort. Therefore, as one tangible example of this he has implemented a Police Orientation program which includes a PowerPoint that contains the following small excerpt: The South Miami Police Department places significantly greater value on the preservation of life than on the protection of property. It is the policy of the South Miami Police Department that its officers shall use only the minimal force that is necessary to affect an arrest, apprehension, or physically control an unruly person. Deadly force will be used as a last resort only to protect life and to prevent death or great bodily harm to members of the community and to police officers. The Annual Safe Street Halloween event was held on Monday, October 31, 2016 from 4:00 PM - 7:00 PM along Sunset Drive to Red Road. There was no shortage of things to do including games, OJ entertainment, vendor booths, picture booths and a ton of free candy. An estimated TI IF CITY or PI.EASA.'\T liVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER MEMORANDUM 2000 people participated in this free family-friendly event and most were festively dressed to have Spooky fun time.