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City of South Miami
Regular City Commission Minutes
April 3, 2018
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
C. ROLL CALL
~ ,~% "\
The following members of the City Corylilpission were p~esent: Mayor Stoddard, Vice
Mayor Harris, Commissioner Welsh, CommissiQt;H'!r Liebman, CommisSipner Gil
Also in attendance were: City Managl;lcStevenAIf;lxander, cii~'Attorney Thomas F.
Pepe, Esq., City Clerk Maria M. Menf;lndez, CMC 'T.
D. MOMENT OF SILENCE
E. PLEDGE OF ALLEGIANCE
F.
G.
LOBBYIST(S)'II.I?DRESSING THE CITY 'COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH. THE CITY CLERK
PR~~~N+~IO!¥S
H. APPROVAL OF MINI.)TES
a) Minutes of March 20,2018 .
The Minlltesof M'lrth20, 2018 were unanimously approved as presented.
I. CITY MANAGER'~~EPO~~
(See 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
CITY COMMISSION MINUTES
Apnl 3, 2018
1
and the speaker is under oath.]
1
2 City Attorney's Summary Report: the City joined Weston; the power plant
3 matter; working with departments regarding ordinances and agreements; working with the CRA
4 director on a number of issues; working with Commissioner Liebman on a Charter question.
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K. • PUBLIC REMARKS
At the opening of Public Remarks thefpll?wing individuals addressed the
Commission: Dick Ward, Chelsea Wilkerson, Alex NeisP(l,.Robert Dubard, Lori Hanson, Alina
Astacio, Grace Rodriguez, Abbie Raurell, Osvaldo R?dri~Vez,I:G~I§ra Gonzalez, Jeff Bud, Subrata
Basu, John Edward Smith, George Milian, Dali~~Alvarez, M~'ric~., Chael, Scott Rosenbaum,
Antoinette Fischer.
L.
N.
BOARDS & COMMITTEES APPOINTMENTS;~nc.
a) Daniel Montana has §eE:!n appointed l:ly'9?mmissioner Gil to the Budget and
Finance Committee FY20i7~~8, as per citY.S~arter Art. II, Sec. 8 A.
COMMISSION REPORTS, DISCUssrdN & REM!£.RKS
'-". .. ." ," -~.'-
summaryJ}~gO:~iSSjq!l RemarI<SI.tl1¢~:~I~~~ut5Eittle House.
.',~ ~. . .
CONSENT AGEND~'$ . .
A Resolution authorizing the':3:ity Manager to purchase gas masks, gas
cartridges~~? filterj.from SRTSUPPLY for the Police Department SWAT Team.
3/5. '(City Manager-Police)
26 Moved byl)/!.ayor Stoddard, seconded by Vice Mayor Harris, the motion to approve
27 Resolution No. 06:l-1'~h15096 aqtborizing the City Manager to purchase gas masks, gas
28 cartridges and filters frornSR~SUPPLY for the Police Department SWAT Team, passed by a 5 -0
29 vote:
30
Yea:
Nay:
CITY COMMISSION MINUTES
Apnl 3, 2018
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
None
2
3
3. A Resolution authorizing the City Manager to execute a professional service
work order to Marlin Engineering Inc., for sidewalk, landscape beautification of
Sunset Drive between US#l and SW 57th Avenue and minor traffic operational
improvements. 3/5
(City Manager-Public Works)
4 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve
5 Resolution No. 064-18-15097 authorizing the City Manager'f6i~kecute a professional service
6 work order to Marlin Engineering Inc., for sidewalk, landscciR~:~eautification of Sunset Drive
7 between US#l and SW 57th Avenue and minor traffic operatio~Cllimprovements, passed by a 5
8 -0 vote:
9
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Yea:
Nay:
O. RESOLUTION(s)
Mayor Stoddard
Vice Maydrh!arris
commission~rtW~lstl!!~ .
Commissioner Lle6rn811
Commissioner Gil····
None
,,-:~-,-:,:-~-:'-":~--'--:~<:''-::: -
A Resolution authorizing the CitvManager to negotiate and to enter into a
contract with Gdrnez and Son Fence Corp. for the installation of a new
perim~ter teh~isfence,irrigationSystem, and resurface clay tennis courts at
Dante Fascell Park, 3/5
(City Manager-Parl<s&Recreation)
'<"~
This item was pulled from C6nsent for comments. Parks and Recreation director,
Mr. Pough provided further clarification.
Moved by MaVJfStoddard, seconded by Commissioner Liebman, the motion to approve
Resolution No. 065-18-15098 authorizing the City Manager to negotiate and to enter into a
contract with Gomez and Son Fence Corp. for the installation of a new perimeter tennis fence,
irrigation system, and resurface clay tennis courts at Dante Fascell Park, passed by a 5 -0 vote:
Yea:
CITY CO~MISSION MINUTES
Apnl 3, 2018
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
3
3
Nay:
Commissioner Gil
None
4. A Resolution appointing Aldo Rosello to serve on the Green Task Force for a
two-year term ending April 2, 2020. 3/5
(City Commission)
4 Moved by Mayor Stoddard, seconded by Vice MayorH~rris, the motion to approve
5 Resolution No. 066-18-15099 appointing Aldo Rosello to sgrveon the Green Task Force for a
6 two-year term ending April 2, 2020, passed by a 4 -1 vqt~j:
7
10
Yea:
Nay:
Mayor Stoddard
Vice MayotHarris
Commissioner Welsh
CommissioilerGil
CommissionerLiebrnan
5. A Resolution reappointing Beth Schwartz.to serve on the Environmental
Review and Preservation Boardfor .a two-year;term ending April 2, 2020, and
waivingt~rmlirnits. 3/5
(City Cbm'1'nission)
11 Moved by Coni/Dissioner VIIelsh, secondedby Vice Mayor Harris, the motion to approve
12 Resolution No. 067-18-1S:tppreappqinting Beth S~hwartz to serve on the Environmental
13 Review and Preservation Board fora twocyear tern~ending April 2, 2020, and waiving term
14 limits, passed by a 4 Ciliate:
15
18
Yea:
Nay;
II{Illyor Stoddard
Vi'te Mayor Harris
Commissioner Welsh
Commissioner Gil
Commissioner Liebman
6. A Resolution authorizing the City Manager to permit Rotary Foundation of
South Miami, Inc, to hold its Annual South Miami Rotary Festival on February
23rd and 24th, 2019 and to waive certain special event fees and the necessary
notification/petition form. 3/5
(City Manager-Parks & Recreation)
CITY COMMISSION MINUTES
April 3, 2018
4
1 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve
2 Resolution No. 068-18-15101 authorizing the City Manager to permit Rotary Foundation of
3 South Miami, Inc. to hold its Annual South Miami Rotary Festival on February 23rd and 24th,
4 2019 and to waive certain special event fees and the necessary notification/petition form
5 passed by a 5 -0 vote:
6
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Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
'.'
Commissioner LjElpman
Commissioner Gil:
None
L. A Resolution authorizing the City Manager to waiveo:ne.:hundred percent
(100%) of the non-profit fees for the use8Uhe Multipurpose Room at the
Gibson-Bethel Community Center bvthe ... Cuban American National Council.
3!S(city Manager:Park(& Recreation)"
. .
Moved by Mayor Stoddard, seconded by Vice MayorHarris, the motion to approve
Resolution No. 069-18-1S1Q2 authorizingthe City Managerto waiVe one-hundred percent
(100%) of the non-profit fees for the use ofthe MultiPlJtpose Room at the Gibson-Bethel
Community Center bY.th~ Cubal1j~rnerican Nation~ICouncil,p~ssed by a 5 -0 vote:
Yea
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
.C:ommissioner Liebman
Commissioner Gil
None
a) A R(!§olution authorizing the City of South Miami ("City") to become a sponsor
of thePeiican party fundraising event. 3/5
(Vice Mayor H<lrris)
20 The City Manager explained that the Vice Mayor has been in contact with a donor
21 to the recently held gun rally to see if he could possible use the money that was not used, to be
22 diverted towards the Pelican Party fundraising event. The City Manager then asked the
23 Commission to approve the resolution contingent upon the City receiving in writing from the
24 company that originally wrote the check, that they are ok with a thousand dollars of those
25 funds being sent to the Pelican Party program at no expense to the City. Mayor Stoddard
CITY COMMISSION MINUTES
April 3, 2018
5
1 moved to amend the resolution accordingly, seconded by Commissioner Gil, the motion passed
2 unanimously.
3
4 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve as
5 amended Resolution No. 070-18-15103 the City of South Miami ("City") to become a sponsor of
6 the Pelican Party fundraising event, passed by a 5 -0 vote:
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b)
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Li~bfna~
Commission~r.Gil
None
A Resolution authorizing and di;~6ting t~~City Managert~!;olicit proposals
from contractors licensed to rest~r~ native pine habitats to restore the
property at 6609 SW. 60Str~et. 3/5
(Commissioner Welsh)
This itemWi:lswithdrayvn from tn," agenda."
c) A Resolution of the Mayor ~nd City Commission of the City of South Miami,
Florida, pursuant to"\Chapter 8A-6 of the Code of Ordinances, authorizing the
defense of Mayor Philip K Stoddard and the payment of his legal fees with
resper;tto the ethics complaint filed by Stephen Cody. 3/5
(City Manager)
"th~ Commissioncliscussed this item. The City Attorney explained that the Mayor
needs expert representation onfhat field at the hearing.
Moved by May~r Stoddard, seconded by Vice Mayor Harris, the motion to approve as
Resolution No. 071-18-15104 pursuant to Chapter 8A-6 of the Code of Ordinances, authorizing
the defense of Mayor Philip K Stoddard and the payment of his legal fees with respect to the
ethics complaint filed by Stephen Cody, passed by a 3 -1 vote:
Yea:
Nay:
CITY COMMISSION MINUTES
April 3, 2018
Vice Mayor Harris
Commissioner Welsh
Commissioner Gil
Commissioner Liebman
6
1
2
3
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5
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7
Abstain: I Mayor Stoddard
d) A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, to hire an attorney with expertise in Florida election laws to provide
outside legal counsel concerning a questionnaire or poll as to the voters'
interest in a Charter amendment. 3/5
(Mayor Stoddard)
8 The Commission discussed this item. The City Attorney explained that seeking an
9 attorney with expertise in the field is important to makes.utethat the City does not violate the
10 . election laws by the use of public funds to promotean.is5ue.
11
12 Moved by Mayor Stoddard, seconded by Commissioner Welsh; the motion to approve
13 as Resolution No. 072-18-15105 to hire an attorney with expertise in Florida election laws to
14 provide outside legal counsel concerning a questionnaire 0\ poll as to the voters' interest in a
15 Charter amendment, passed by a 5 -0 vbte:
16
21
22
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24
25
26
P.
Yea:
Nay:
Mayor stoddard
Vice Mayor.Harris
CommissionerWelsh
Commissione(Liebman
Commissioner Gil
None
RESOLUTION(S).PUBLItHEARIN(;(S)
"\<:" '-' "
A Res~l~iion authorizing the City Manager to enter into a multi-year
agreement for the purchase of a Use of Force simulator from TI Training LE,
lLC for the PoliceDepartment. 3/5
(City Manager-Police)
Yea:
CITY COMMISSION MINUTES
Apnl 3, 2018
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
7
Nay:
1
Commissioner Gil
None
2. QUASI-JUDICIAL WARNING:
3 THE FOLLOWING MAnERS ARE CONSIDERED TO BE QUASI-JUDICIAL. PLEASE REVIEW THE
4 RESTIRCTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA.
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2.1
2.2.
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2.4
2.5
A Resolution approving a Special Exception so'asto allow a project within the
TODD (MU-5) of more than four (4) storiesa~dmore than 40,000 square feet
for the property located at 6075 SW 72ndStreet. 4/5
(City Manager-Planning & Zoning)
This item was amended to include the following condition:
"A parking adjustment has been approVed, permitting a total of 303 on-site parking
spaces. A minimum of.~03 of the on'site spaces will be designated for the 203
~" --.
residential units withinc,the project (to be assigned in the lease agreements).
Residential parking decals a~dparking cards wiUbe issued to tenants for the vehicle
to be parked in the residential parking area, which shall be segregated from the
commercial/vi~itor parking areaby a i:'ard-only acces~mechanical gate. A minimum
of one decal·shalfbe issued to each ,.rehtal'Unit. Tenant vehicles that are found
parked i~.~jljs comm~rcial/visitorparking ar~ashall be towed, and towing shall be
conducteclnyan authorized towing company to a towing company storage facility
in accordance with Florida.law."
. ,',. .,'.' >. '. .
Moved· by Mayor !)toddardrsecondedby Commissioner Liebman, the motion to approve
as amendi'!d ResolutionN(.J;074-18~:J.~.107 approving a Special Exception so as to allow a project
within therODD (MU-5) of more thanfi;lur (4) stories and more than 40,000 square feet for the
property located at 6075 SW 72nd Stre~t;passed by a 5 -0 vote:
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
None
10. A Resolution relating to a variance application to reduce the amount of
required parking spaces for a mixed use building located at 6075 SW 72nd
Street. 4/5
CITY COMMISSION MINUTES
April 3, 2018
8
(City Manager-Planning & Zoning)
1
2 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve
3 Resolution No. 075-18-15108 relating to a variance application to reduce the amount of
4 required parking spaces for a mixed-use building located at 6075 SW nnd Street, passed by a 5
5 -0 vote:
6
9
l:2
12
13
14
Q.
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner \N~lsh
Commissioner Li~bmari
Commissionei(Jil
None
ORDINANCE(S) SECOND READING(S) PUBLIC HEARIN;3(S)
, ,;;
An Ordinance amendiA;?theOfficial zonirillMap; amending the designation of
the northern portion Of:thebroperty locateclat 6075 SW nnd Street, from
"TODD (MU-4)" to "TODDIMU-5)!i. 5/5 (City
Manager~l'fanl'ling & Zoning)
15 Mr"Robert Behar andMr.Hehry Pinofrbm the applicant's team also addressed the
16 Commission. , ' , ,
17
18 . Mr. Pino furth'er addressed the Commission regarding concerns with the
19 demolition.
20
21 At the opening of the public hearing the following individual(s) addressed the
22 Commission: Lew SelleY's,ScottRbsenbaum, Marice Chael, Antoinette Fischer.
23
24 Moved by Mayor StOddard, seconded by Vice Mayor Harris, the motion to approve
25 Ordinance No. 06-18-2295 amending the Official Zoning Map; amending the designation of the
26 northern portion of the property located at 6075 SW nnd Street, from ''TODD (MU-4)" to
27 "TODD (MU-5)", passed by a 5 -0 vote:
28
Yea:
CITY COMMISSION MINUTES
April 3, 2018
Mayor Stoddard
Vice Mayor Harris,
9
5
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12
17
Nay:
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
None
R. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)
12. An Ordinance adopting an amendment to th~.tomprehensive Plan to amend
the future land use category "Parks and Open 'Space" and to amend the Future
Land Use Map of the Comprehensive,.F'I~hitoidentify the area located under
the Metrorail, including the Underlirie'linear pa~k, as part of the City's Parks
and Open Space, and Authorizing Transmittal to the Florida Department of
Economic Opportunity and Revie)i\/Agencies. 4/5
(City Manager-Planning & Zoning)
'?-:-, '---.--, ~-;; -~ ,
Moved by Mayor Stoddard, sl'conded by C6fl1missioner Liebman, the motion to defer
An Ordinance adopting an amendmer,tl:othe Compr~h~i1;ive Plan to amend th~ future land
use category "Parks and Open Space"andtoamend the Future Land Use Map ofthe
Comprehensive Plan, to identify the arealocatedun,der the Mrtr?rail, including the Underline
linear park, as part of the City's Parks and Open spac!", and Authorizing Transmittal to the
Florida Department of Economic Opportunity and i),eviewAgencies, passed by a 5 -0 vote:
Yea:
Nay:
Mayor Stoddard
Vis;e Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
None
S. ORDINANC~(S) FIRST READING(S)
13. An Ordinance related to the fee schedule; amending Ordinance 09-17-2279 to
reduce fitness center annual membership fees per patron and to add new fees
to the schedule. 3/5
(Commissioner Liebman)
18 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve
19 An Ordinance related to the fee schedule; amending Ordinance 09-17-2279 to reduce fitness
20 center annual membership fees per patron and to add new fees to the schedule, passed by a 5 -
21 0 vote:
CITY COMMISSION MINUTES
April 3, 2018
10
1
4
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
None
14. An Ordinance amending the City of South Miami Code of Ordinances. Chapter
2, Section 2-2.1. 3/5
(Commissioner Liebman)
5 After discussing the proposed amendrnents, Commissioner Gil moved to strike the
6 3 minutes and to go back to 5 minutes. Seconded by Commissioner Welsh, the motion passed
7 unanimously.
8
9 Another motion was m,rdetostrike the entire section in reference to the second
10 opportunity to speak following action items:
11
12 The Commission also discussed Iine36,'Oh,page 8 regarding the word "acoustic"
13 which was stricken. Aft~(discussing the langljage,theMayorrecOtnmended adding "no talking
14 on the telephone whilethe ComrrHssion is in sesSJ9n".
15
16 Moved by Mayor5toddard, seconded by Commissioner Liebman, the motion to approve
17 as amended An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2,
18 Section2c 2:.1, passed bya 5 -0 vilte:
19
20
H
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24
25
26
Yea:
Nay: '
T. ADJOURNMENT
CITY COMMISSION MINUTES
Aprll 3, 2018
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
None
11
1
Attest
Maria M. Menendez, CMC
City Clerk
CITY COMMISSION MINUTES
Aprll 3, 2018
12
Approved
Philip K. Stoddard, PhD
Mayor
:<ll<y~"J;::':,~'~*:~
Sou[lJiami CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM THE CITY OF PLEASANT LIVING
To: The Honorable Mayor & Members ofthe City Commission
FROM: Steven Alexander
DATE: April 3, 2018
SUBJECT: Managers Report
The courts at Brewer Park will be closed to the public for approximately
7-9 days or until April 11 tho Play court resurfacing was scheduled to
begin today, (weather permitting). Also, at Dante Fascell park, nine
(9) trees were scheduled to be removed beginning today (weather
permitting). Public notices were placed on each tree on Wednesday,
March 21 st.
We are planning to introduce a Workforce Housing Bonus ordinance.
This program will be voluntary and incentive-based. In order to make
it "legal," the City will need to conduct a study of workforce housing
need in the City and prepared a Workforce Housing Master Plan. The
study and the plan will incorporate the proposed incentives such as
density and FAR bonuses to developers to support the provision of
workforce housing units.
This type of program allows the City the maximum flexibility in
addressing the affordable/attainable housing issue as it will establish
a clear need and ultimately will facilitate developers to help the City
reach those goals and needs with actual projects.
The projects will not need to qualify for tax credits thus dramatically
accelerating the process of generating new affordable housing.
Additionally, the City will be able to establish a fund into which other
funds, private and public will be able to be deposited. These
additional funds can be used for any purpose leading to the creation
of affordable workforce housing in the City.
THE CITY OF PLEASANT UVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
We have received an Unsolicited Proposal (UP) for a qualifying project
("Project") UP 2018-01. The Project proposes a new 28,000 SF Civic
Administration building, with 8,000 SF of extra undefined space and
including at least 74 vehicle parking spaces, a new and separate
24,000 SF police headquarters building with at least 66 vehicle parking
spaces, relocation and renovation of the Sylva Martin building within
1 mile of its existing site. The project will utilize the property located at
6130 Sunset Drive and 5890 SW 69 th Street, the inspection station.
It has been advertised for competitive proposals and responses are
due by April 26.
Larkin Hospital has requested we conduct an Active Shooter training.
for them at their Administrative Building. We are working on the
training for them and we are anticipating April 9, 2018 as the date for
this exercise.
The recently implemented 6th Edition of the Florida Building Code now
requires, that the minimum lowest floor elevation for all dwellings in all
flood zones, be raised one (1) foot (a.k.a. freeboard) above the Base
Flood Elevation (BFE) periodically established by FEMA. For critical
facilities, the minimum is two (2) feet above BFE.
This new mandatory regulation has the potential for homeowners in
established neighborhoods in our City whose homes are at or lower
than current BFE's, to create concerns (complaints) about new homes
in their midst being built at a significantly higher elevation than their
older homes. So far, we have had only a couple of inquiries, but the
number could increase as new homes continue to be built or
remodeled in our jurisdiction. We will keep you posted if the number
of concerns increases in coming months.