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City of South Miami
Regular City Commission Minutes
March 21, 2017
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
C. ROLL CALL
d,'/%
The following members of the City cg@:Mlssion
Mayor Welsh, Commissioner Harris, commi§$!~fj~fiiebman,
\/'{;i:}f;;I ....
Also in attendance were: City Manag~r;;S!even /l§!§l?<ander,
Pepe, Esq., City Clerk Maria M. CMc.·;tl~li~i%% .. ;«~;~~~i;P'
D. MOMENT OF SILENCE
E.
"~~i;~;~11;;""
':;.;.;./"'"
.:.,.~: ..... ~.:.:\,
Mayor Stoddard, Vice
Edmond.
Thomas F.
F. LOBBYIST(S)
REGISTERED
IGHT MUST HAVE BEEN
.G.
H.
b)
c)
33 The Minutes of February 24, March 1, and March 7, 2017 were unanimously
34 approved as presented.
~~
37
I. CITY MANAGER'S REPORT
CITY COMMISSION MINUTES
March 21, 2017
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Ssee attached)
L. CITY ATTORNEY'S REPORT
[City Attorney reminder: Remarks are limited to those matters that are not quasi-
judicial. Any comment on a quasi-judicial matter may be made when the item is called
and the speaker is under oath.]
Summary of City Attorney's Report: the Madisop$quare project, working with the
Family Dollar agreement; working on a stormwater reso!,ytlqtl:working with a judge regarding'
red light camera issues; on the FPL case relating to trap~fil~~iHJllines; McCormick vs the City of
South Miami; the Clean Power Plan; the Public Priy~t$~fP~rtri~t$hip issue; working on the tree
ordinance; the Martinez de Castro case; the South~~§t~rn InvestWl$:ht case.
K. PUBLIC REMARKS
At the public records rel1;lilrks the foIl6W'b&in~irtiauals addres~~d)the Commission:
Horace Feliu, Deltravis Williams, DiaKiW:ar~L Antoinette~fi~~her, Beth Schwartz.' .
':':>";<':,", \::,:~~t%~f~:~\.:-' . <{::,: ~:::> ,:
COMMISSION REPORTS, DIScussl~~'~~'~EMARKS\;~;'::"
summar\':9f;;td~itli~sion R:~~r.kS: t~¢~~~t~~nc~~~serve Fund; recommending
inviting Atlantic Brd~(;t~and to~~gxess theCQmffii~~ion~ brlt'tbe FPL transmission lines to call
Jose Felix Diaz at 850~1$7~5116 o&~~sing HB lb~~:Jose.diaz@~yflorida.com.
.. ," ,v -:::,<.,:< ::': :r~\~ :':. :~:~t~~ \~\~:;:'.<:
C.Q ....... N .• ' .... ·.·S·.·.·.·E·· .. ' .• '.· ••.. ·N'.·.·.·· .. ·.·.·.T·.·.·.· •• · .... ··.·.·.·.iI'.' ••... ·.r::.,· ..•.... ·.E ...... I\., .. ' DA ····>··:········t;;·'i.· ......... . M. MU t~ .::: .. :.::.::'.:: .. :-:~ ... :"::::.... ";" ::};,.:~.:; .. ,.: .. ~ .. ,: •.• ,.:, •. ~;.,j ..•• ,~,....... '::':.'~:."" ", ': .:;.:-:':::::'" \:}:>:>::
<;a.<: A Res~llli~lQn a~~Wbw!edgi~~'28mmissioner Welsh's (Group Seat IV) re-
ii, \appointme~t;9f.subr~t~,~~su, as the representative of Group Seat IV, to serve
'\;)~R.J1 the Health~~~ilities NUthority for a three-year term ending March 20, 2020.
31S;" ',,2>\ (Mayor Stoddard)
.;',.::;.: ..... "
Moved by M~Y$r0~toddlr~: seconded by Commissioner Harris, the motion to approve
Resolution No. 052-17-14~?~,[~Eknowledging Commissioner Welsh's (Group Seat IV) re-
appointment of Subrata Bai>G, as the representative of Group Seat IV, to serve on the Health
Facilities Authority for a three-year term ending March 20,2020, passed by a 5 -0 vote:
Yea:
CITY COMMISSION MINUTES
March 21, 2017
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
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Nay:
Commissioner Edmond
None
2. A Resolution relating to appropriations for the November 8, 2016 Special
Elections for the City of South Miami; approving the expenditure of $6,613.81
for election costs. 3/5
(Mayor SJoddard)
"":::'\.::::'
Moved by Mayor Stoddard, seconded by COmmiS~!?:n;fA~rris, the motion to approve
Resolution No. 053-17-34854 relating to appropriatiO~.$f9.f,~tH~.~ovember 8,2016 Special
Elections for the City of South Miami; approving th~e*~~hditdt~;cq{ $6,613.81 for election costs,
passed by a 5 -0 vote:<
Yea: MaYOr~t~~~:rd
Vice MaydrWelsh ..... .
. ·····.S?mmiSSioner~.~E~i~:.;'···
'P0 'T'f!1issioner Lie~~:n 't$~fht-Q.!§~io n e r Ed ~'6hJL
Nay: None
4. A Re~pI4ti'6rrQfthe Mayor;'~nd qtY)Cdffi,mi~§ion6f the City of South Miami,
Flod~~;:'supportingthe prin2ip!.~sorjnclusi6n;,for individuals with autism and
othe~sp~ciClI need7:which were~rtablished by the United Nations Convention
...... qn the rigWt$\qfp~rsgp§with dis~bilities; and urging action by national, state,
13H\~l.IQsal g6v~~n,ffienHb4$inesses,and residential communities consistent
<,c,' withtll·~~e.prin2i~1E!s.·>··;;· 3/5
"', (MaYOr§t:~~gard)'\
MO~~dJRyMaYOr Stod~~r?, seC~~ged by Commissioner Harris, the motion to approve
Resolution No. '054t;17-14855 sd~i?orting the principles of inclusion, for individuals with autism
and other special negQ$1 whichAN~re established by the United Nations Convention on the
rights of persons Withdlsa.bili~i~~rand urging action by national, state, and local governments
businesses, and residentlaJ.sprll'tnunities consistent with these principles, passed by a 5 -0 vote:
Yea:
Nay:
CITY COMMISSION MINUTES
March 21, 2017
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
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N. RESOLUTION(S)
3. A Resolution authorizing the City Manager to execute a grant agreement with
Miami-Dade County for the City of South Miami CRA Tree Planting Project in
an amount not to exceed $10,000. 3/5
(City Manager)
This item was pulled out of Consent for further,cl<;lXification. Ms. Bueno provided
the information. The Commission discussed the propos~d'f~§6Iution. Some of the comments
referred to the apparent inflated price per tree. It W~s}~commended deferral to allow for
further research. (;iE"
~::~·i:;:(~
Moved by Mayor Stoddard, secondedb,y~6h1missioner Lieb'Hi~~! the motion to defer A
Resolution authorizing the City Manager to e~g~ute a grant agreement:Wi~DMiami~Dade
County for the City of South Miami CRA Tree pi~ri~jl1g Project.in an amou~thot to exceed
$10,000, passed by a 5 -0 vote:
Yea:
>-. >
'N'~'\';,
":'S: :~. ? " " ,
',MaV6fstoddard
vi¢~ M~V$r;Welsh '"'; <:
CbfumissiofieFHarris';,
comh1i~sionerLi{~6fi1an Comn1IS~iQd~rEdm~htl"·,.,·
~.;~R~~?luti~ri;~Lfth6fiiih~;the;(itx<:>lsouth Miami ("City") to become a sponsor
\" oft:hePelicanParivfundr~isrri~everit. 3/5
\~", (Commi~~16her H~fHsL
Mo~~a!?y,commissi6h'~rHarris;s~~onded by Mayor Stoddard, the motion to approve
Resolution No.'OS?717-14856 aljt~orizing the City of South Miami ("City") to become a sponsor
of the Pelican Pa;tY~fyJ)draising;~yent, passed by a 4 -0 vote:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Liebman
Commissioner Edmond
None
6. A Resolution supporting Congresswoman Ileana Ros-Lehtinen's opposition to
the repeal of the Affordable Care Act. 3/5
CITY COMMISSION MINUTES
March 21, 2017
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(Vice Mayor Welsh)
The Commission adopted the substitute resolution reflecting the votes of the
candidates for the Congressional District 27.
Moved by Mayor Stoddard, seconded by Vice Mayor Welsh, the motion to approve as
amended Resolution No. 056-17-14857 supporting Congresswoman Ileana Ros-Lehtinen's
opposition to the repeal of the Affordable Care Act, passed ~Yi~ 5 -0 vote:
7.
Yea:
Nay:
Mayor Stoddard,
Vice Mayor Wel~1i
;.:. ";,;,'
Commission€ift1arris
Commission~YLiebman
Commi~~ibher Edmond
None
A Resolution rela"t!tiil';\~p the';;~~w~'~~\~ acceptance the Annual
Development Agreeri1¢nt~'¢pqrt of theS~~ Atlas Red Road Commons, L.L.c.
[Red Road Commons].' 't,t·, 3/5
(City Man~ger-Planning & Zoning)
Moved by May~\7;~~~~;a;~econ~~~1~¥~g#~iSii()~~rif1arris, the motion to approve
Resolution No. 057-17<1,4~.s8 rela~J.Qg to the re\lij~ and acceptance of the Annual Development
Agreement Report of th~SCG Atlg~,~eg Road C6iJ1tn0ns, L.L.c. [Red Road CommonsL passed by
a 5 -0
....••.• ;MayO;~~g~dard
"'ice Mayor Welsh
CoM,missioner Harris
Commissioner Liebman
Commissioner Edmond
None
8. A Resolutiohauthorizing the City Manager to enter into an agreement with
Red Horse Ventures, Inc. to provide the City with expert real estate advisory
services. 3/5
(City Manager)
20 The Commission discussed the proposed resolution saying that they would like to
21 meet with the vendor for further clarification on the different questions they may have. Mayor
CITY COMMISSION MINUTES
March 21, 2017
5
1 Stoddard referred to Task Amendment #1, page 5 of 7, A. "Preparation Phase" (ii),
2 recommending deleting "a new Inspection Station". Mr. Pepe then referred to page 7 of 7,
3 under "Fees and Expenses" where he added language regarding the $10,000 retainer which is
4 to be applied towards hourly billing, and if the hourly billing doesn't reach $10,000, that the
5 difference be paid back to the City.
6
7 Moved by Commissioner Edmond, seconded by Mayor ?toddard, the motion to defer A
8 Resolution authorizing the City Manager to enter into an agr~~m~nt with Red Horse Ventures,
9 Inc. to provide the City with expert real estate advisory servi~~s;passed by a 5 -0 vote:
10
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22
Yea:
Nay:
Mayor Stodd,9,rd;,,,+'i:{f',,,,
Vice Mayor,;rWe:lsh
Commissidh~/ Harris ,.' .
A Resolution requiriAith~,performanc~~6~sed audit to include the offices of
the three charter offic~t~ofth~Gltyin the clitrent fiscal year. 3/5
?:::\.:::::":"X::.: (Mayor Stoddard)
Moved by Mi~~;~~d~r~i~econ~~d'~Y'J\1I~~~;J~;'~eISh' the motion to approve
Resolution No. 058-1t~i4859 requ(fing the peifafrnance-based audit to include the offices of
the three charter officers'Qfthe CitY;in.the curr~htfiscal year, passed by a 4 -1 vote:
; MaydtStl19qard
'Y<\lice Mayb'fWelsh
CQmmissioner Harris
C6rt1missioner Edmond
Commissioner Liebman
a} A Resol=~;i8~Of thei~itY of South Miami to authorize the City Manager to make
certain SMCRA~~p~r;ditures out of City funds. 3/5
(City Manager)
23 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve as
24 amended Resolution No. 059-17-14860 to authorize the City Manager to make certain SMCRA
25 expenditures out of City funds, passed by a 5 -0 vote:
26
Yea:
. CITY COMMISSION MINUTES
March 21, 2017
Mayor Stoddard
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O.
Nay:
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
RESOLUTION(S) PUBLIC HEARING(S)
10.
.,C.' ',:_:,
A Resolution authorizing the City Ma8.~~~:t:t~'78.ter into a mUlti-year contract
with EAC Consulting, Inc., Marlin ~pgih'~ering~lnc., SRS Engineering, Inc., and
Stantec for general engineeringsef:Vlbes on an ashee,ded basis. 3/5
(City Manager-Public Works)";";;
Moved by Mayor Stoddard, seconded bYC~flJrniSSi~<n.)rEdmond, th~rnotion to approve
Resolution No. 060-17-14861 authoF!?!ng the City rVl~~agc;;rt6enter into a multi;.year contract
with EAC Consulting, Inc., Marlin Erlgfq~~ring, Inc., SRS'E~~ineering, Inc., and Stantec for
general engineering services on an a~rj~ed(:!QPClsis, passed· pya 5 -0 vote:
P.
"" • ,", Co .//:{" '<}":~F : ". :::;~u>~., ,:: i?Jf~:{:;:.:::'"
May,or Stoddarq
Vice'Mayor.Wgl~h%'f'
Commrs~lqtl~rHarris) ..
Commis~ibher Liebman
/CQmmissidher Edmond
······;··N@H~ ........... .
:O~PINANCE(S) SE¢9~D R~fi:PH'JG(S) PUBLIC HEARING(S)
c, "'<;~~;1~r\,
11:.'·;An Ordinance~rnendin;tthe Land Development Code, Article II, "Definitions",
S~ation 20-2.3,\KDefinitions", and Article III; "Zoning Regulations", Sections 20-
3.3CDl;?Permitt~a;'Use Schedule" and 20-3.4(B) "Special Requirements" adding
subs~ttibn.{241i relating to Medical Marijuana Centers and providing
definition's'D+~lating to and criteria and regulations for Medical Marijuana
Centers in the City of South Miami. (Deferred 03-07-17) 3/5
(City Manager-Planning & Zoning)
17 Mr. Pepe said that this item might require a five-fifth vote as presented, but he
18 would defer to Ms. Tompkins for her opinion. Ms. Tompkins then addressed the Commission
19 further and agreeing with Mr. Pepe's statement, pointing out that there are certain zoning
20 districts where the use could be considered more intense. The Commission discussed removing
CITY COMMISSION MINUTES
March 21, 2017
7
1 RO from the permitted uses so that it would not be considered as intense use, therefore
2 eliminating the required five-fifth vote. Amended by Mayor Stoddard, seconded by Vice Mayor
3 Welsh, the amendment passed unanimously.
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Commissioner Liebman referred to the Broward version of the ordinance which
appears to have many more restrictions, and that he would like to bring an amended version at
the next meeting. He then moved to defer, seconded by Commissioner Harris, the motion
passed unanimously. /".i
.. ,"::::>::<",
Moved by Commissioner Liebman, seconded bY·@~~:~issioner Harris, the motion to
defer as amended, An Ordinance amending the LandDfv~ioPh1~nt Code, Article II,
"Definitions'i, Section 20-2.3, "Definitions", and A(tifJe III, "Zoni~g;~~gulations", Sections 20-
3.3(D) "Permitted Use Schedule" and 20-3.4(B)<~':~~€tial RequiremeAt$;':;~dding subsection (24)
relating to Medical Marijuana Centers and proyictJng definitions relati;:rg:t.Q~nd criteria and
regulations for Medical Marijuana Centers in th~/GJty of South Miami, pas~ea"I?Y a 5 -0 vote:
',.-:;j.,';" /.: .. :.';:, ... .; .. ~ "::','::':'
';};'.::. . ~::., ... .
Yea:
••••• ;.; .. ;.;.; ., •• ;. .... /.,., •••• / ".:,,-<,?,
COmmissiorier.Liebman ....
ComrriissionerE~fflQrlq
; ..... :.: ...•.
12. An ord;ih~9~e:; a~¢r?ipgSecti6ri:·20-2.3 of the City of South Miami Land
:.; •• B~VeIQpmentc.:()~e>dr~~iing.a defihi~ion for "Beauty/Barber Shop or Beauty
... ·s·pail:a~~~;and0.~tn.~ndingSe~~i?n2b-3.3(D) and Section 20-7.12 concerning
permittealJ~es d§eauty shopijiBarber Shops and Beauty Spas and parking
..•............. requireme~t§;....... ' .•.. · •. 3.. 3/5
····;;:(fity Manager~elanning&!:Zoning)
Moved bY~.~yQr Stodd.~r~, seconded by Commissioner Harris, the motion to approve
Ordinance No. 04-17~2.2,74 arn~nding Section 20-2.3 of the City of South Miami Land
Development Code, cr~~tIBg;~;definition for "Beauty/Barber Shop or Beauty Spa" uses; and
amending Section 20-3.3(D)and Section 20-7.12 concerning permitted uses of Beauty Shops,
Barber Shops and Beauty Spas and parking requirements, passed by a 5 -0 vote:
Yea:
CITY COMMISSION MINUTES
March 21, 2017
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
8
3
4
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6
7
8
H
13
14
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13.
Nay:
Commissioner Edmond
None
An Ordinance amending Chapter 2, Article I, Section 2-2.1 of the Code of
Ordinances to add subsection (P) and for the purpose of providing a procedure
for approving the South Miami Community Redevelopment Agency budget.
3/5 (Commissioner Edmond)
Moved by Mayor Stoddard, seconded by commis~i9H~rtdmond, the motion to approve
Ordinance No. 05-17-2275 amending Chapter 2, Artide/IX~&(;ti.8r 2-2.1 of the Code of
Ordinances to add subsection (P) and for the purpose9f.p~oJiCHriga procedure for approving
the South Miami Community Redevelopment Agerf~y;budget, p~~~~q/py a 5 -0 vote:
Yea:
Nay:
f'";:":':::.
:(.;<~4<··;-· /
MayorStqddard
Vice MaY6f:,;V\.(elsh
~?mmiSSion~~tH~r~i:.>'
r~q~~issioner Ueqman
;Cb'ffiinissloner Ed~'6nd
Nbne
«.-.;... "
Q. ORDINANCE(?),~IRSTREADING(S} (NQf'.JE)
R. ADJOURNMENt,
Attest " .
Maria M. MeYl~))dez
City Clerk
CITY COMMISSION MINUTES
March 21, 2017
9
Philip K. Stoddard
Mayor
THE CITY OF PLEASANT UVING
To:
FROM:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander
March 21, 2017
Managers Report
I was in contact with the County Budget Office as they are in control of the CRA
budgets. They informed me that they intend to have the SMCRA budget
appear on the Committee agenda in April, which if everything stays on track
should mean that our budget would receive approval from the full BCC
sometime in May. Therefore, we will need another extension of the authorization
for spending by the City (resolution 033-17-14834) on behalf of the SMCRA which
passed on February 24 by a 3-2 vote.
Construction began on the Twin Lakes Traffic Circle during the week of March
13,2017.
I met with the CEO of the Girl Scouts and I think we have reached a good
agreement that the invasive plants need to be removed. They are going to
reach out to Fairchild Tropical Gardens and others for expertisce and advice.
They requested about 6 weeks to come up with a plan and activate. However
there is already a beging. I wanted to update you quickly on the Clean Jeans
Day at SMLH we had on Saturday. It was a huge success! We had
representatives from 3 of our SU troops present and all eagerly volunteered to
schedule regular quarterly trail maintenance days throughout the year.
We had about 16 volunteers for 4 hours and we managed to do the following
tasks:
• Clear all large pieces of dead wood off the trails
• Clear most of the dead wood from the forest edge near the house
• Trash cleanup around the fence perimeter on the outside
• Collected and disposed of several hundred air potatoes
• Trim back the dead sections of overgrown bamboo blocking the trail
~ Remove a 4' section of a Brazilian pepper tree that had fallen across the trail
Used larger dead branches to line the main trail on the East side of the property
Working on annexation report
THE CITY Of PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
Received an unsolicited P3 proposal, which we determined was sufficiently
similar to the ballot question regarding the transition of the City Hall property,
which was approved by 72 percent of the voters. We are working with the City .
Attorney to agree on the language necessary to formally advertise the project
and we will receive competitive responses in mid to late April. We also are set to
receive competitive responses to the RFP for the sale of the City Hall property on
March 31. Staff will begin the evaluation process immediately on receipt of
both solicitations.
The proposed Somerset Charter School on Sunset Dr near the Palmetto
Expressway, will have a public hearing on its zoning application at 9:30 am on
March 23 rd at Commission Chambers, 2nd Floor County Hall. Staff plans to send
a cover letter and the previously approved resolutions by the City Commission
and County staff will make sure they are part of the record and that their
agenda software indicates that there are objections to the application. They
have already received other written objections that will be noted in the packet.
We encourage someone from the City to speak at the hearing and present the
resolutions at that time, although it's likely to be a long meeting. Staff can do
this but testimony from elected officials is carries more weight.
Miami Dade League of Cities installation of Mayor Oliver Gilbert as President is
Saturday May 13 at the Hard Rock Stadium in Miami Gardens. Should we buy a
table?
LDC workshops are being conducted for public input tomorrow in
the City Commission Chambers. There are 3 sessions tomorrow; 8:30
a.m., 4 and 7 pm. People can attend any or all three.