_H1Agenda Item No:H.1
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Maria Menendez
Submitting Department: City Clerk
Item Type: Minutes
Agenda Section: APPROVAL OF MINUTES
Subject:
Minutes of April 17, 2018
Suggested Action:
Attachments:
04.17.18 Minutes.2pdf.pdf
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CITY COMMISSION MINUTES
April 17, 2018
1
City of South Miami 1
Regular City Commission Minutes 2
April 17, 2018 3
4 5
A. SILENCE OR TURN OFF ALL CELL PHONES
6 7
B. ADD-ON ITEM(S)
8 9
C. ROLL CALL
10
The following members of the City Commission were present: Mayor Stoddard, Vice 11
Mayor Harris, Commissioner Welsh, Commissioner Liebman, Commissioner Gil. 12
13
Also in attendance were: City Manager Steven Alexander, City Attorney Thomas F. 14
Pepe, Esq., City Clerk Maria M. Menendez, CMC. 15
16 17
D. MOMENT OF SILENCE
18 19
E. PLEDGE OF ALLEGIANCE
20 21
F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE CITY CLERK
22 23
G. PRESENTATIONS
24 25
a) Comprehensive Annual Financial Report
26
CAFR Presentation by Keefe McCullough CPA's 27
28 29
H. APPROVAL OF MINUTES
30 31
a) Minutes of March 22, 2018
32 33
b) Minutes of April 3, 2018
34
The Minutes of March 22 and April 3, 2018 were unanimously approved as 35
presented. 36
37 38
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CITY COMMISSION MINUTES
April 17, 2018
2
I. CITY MANAGER’S REPORT
1
(See attached) 2
3 4
J. 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.]
5
Summary of City Attorney's Report: doing substantial research on the City’s 6
Comprehensive Plan; the Weston lawsuit; working with the CRA relating to some tenants; 7
working on ballot resolutions; the Clean Power Plan. 8
9 10
K. PUBLIC REMARKS
11
At the opening of public remarks the following individuals addressed the 12
Commission: Baldwyn English, Antoinette Fischer, Pam Lahiff, Scott Rosenbaum. 13
14 15
L. BOARDS & COMMITTEES APPOINTMENTS, ETC.
16 17
a) Kyle Saxon has been appointed by Mayor Stoddard, replacing prior appointment
to Sid Kaskey, to the Budget and Finance Committee FY 2017 -18, as per City
Charter Art. II, Sec. 8 A.
18 19
M. COMMISSION REPORTS, DISCUSSION & REMARKS
20
Summary of Commission Remarks: the need for parks concurrency; the Girls Scout 21
property; FIU offered funding coming through the European Union National Science Foundation 22
for the City to work with FIU faculty to develop plans for renewable energy, vertical urban 23
gardens and water reuse in the City. 24
25 26
N. CONSENT AGENDA
27 28
1. A Resolution authorizing the City Manager to purchase decorative garbage and
recycling containers from Quick Crete Products Corp. (QCP) in the amount of
$35,010 for the City and the Downtown area. 3/5
(City Manager-Police)
29
Moved by Commissioner Welsh, seconded by Commissioner Liebman, the motion to 30
approve Resolution No. 076-18-15109 authorizing the City Manager to purchase decorative 31
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CITY COMMISSION MINUTES
April 17, 2018
3
garbage and recycling containers from Quick Crete Products Corp. (QCP) in the amount of 1
$35,010 for the City and the Downtown area, passed by a 4 - 0 vote: 2
3
Yea: Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
4 5
2. A Resolution authorizing the City Manager to negotiate and enter into a contract
with Terra Hyle Contractors, Inc., for the Twin Lakes Traffic Calming Project.
3/5 (City Manager-Public Works)
6
Moved by Commissioner Welsh, seconded by Commissioner Liebman, the motion to 7
approve Resolution No. 077-18-15110 authorizing the City Manager to negotiate and enter into 8
a contract with Terra Hyle Contractors, Inc., for the Twin Lakes Traffic Calming Project, passed 9
by a 4 - 0 vote: 10
11
Yea: Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
12 13
O. RESOLUTION(S)
14 15
3. A Resolution re-appointing Annick Sternberg to serve on the Green Task Force
for a two-year term ending April 2, 2020, and extending term limits. 3/5
(City Commission)
16
Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve 17
Resolution No. 078-18-15111 re-appointing Annick Sternberg to serve on the Green Task Force 18
for a two-year term ending April 2, 2020, and extending term limits, passed by a 4 - 0 vote: 19
20
Yea: Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
21 22
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CITY COMMISSION MINUTES
April 17, 2018
4
4. A Resolution authorizing the City Manager to permit and to waive rental fees
associated with OrchidMania of South Florida’s 20th Annual ‘Orchids in the
Park’ fundraiser to be held at Dante Fascell Park on Saturday, May 26th and
Sunday, May 27th, 2018. 3/5
(City Manager-Parks & Recreation)
1
Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve 2
Resolution No. 079-18-15112 authorizing the City Manager to permit and to waive rental fees 3
associated with OrchidMania of South Florida’s 20th Annual ‘Orchids in the Park’ fundraiser to 4
be held at Dante Fascell Park on Saturday, May 26th and Sunday, May 27th, 2018, passed by a 5
4 - 0 vote: 6
7
Yea: Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
8 9
5. A Resolution authorizing the City Manager to permit Team FootWorks
Educational and Fitness Corporation, a non-profit organization, to hold its 30th
Annual Twilight 5K Run/Walk event and to waive the cost of parking meters.
3/5 (City Manager-Parks & Recreation)
10
Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve 11
Resolution No. 080-18-15113 authorizing the City Manager to permit Team FootWorks 12
Educational and Fitness Corporation, a non-profit organization, to hold its 30th Annual Twilight 13
5K Run/Walk event and to waive the cost of parking meters, passed by a 3 - 0 vote: 14
15
Yea: Vice Mayor Harris
Commissioner Welsh
Commissioner Gil
Nay : None
16 17
6. A Resolution authorizing the City Manager to permit Taco Craft Miami, LLC
located at 5829 SW 73rd street, to hold its 3rd Annual Cinco De Mayo Block
Party. 3/5 (City
Manager-Parks & Recreation)
18
Moved by Commissioner Gil, seconded by Commissioner Liebman, the motion to 19
approve as amended Resolution No. 081-18-15114 authorizing the City Manager to permit Taco 20
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CITY COMMISSION MINUTES
April 17, 2018
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Craft Miami, LLC located at 5829 SW 73rd street, to hold its 3rd Annual Cinco De Mayo Block 1
Party, passed by a 4 - 0 vote: 2
3
Yea: Mayor Stoddard
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
4
a) A Resolution instructing the City Attorney to draft a ballot question for the Tuesday, 5
November 6, 2018, national midterm elections, to amend the City Charter, Article II, 6
SECTION 6, subsection D Voting Procedure, to reduce the number of votes necessary 7
to make land use and development regulations less 8
restrictive. 3/5 (Mayor 9
Stoddard) 10
11 12
7. A Resolution instructing the City Attorney to draft a ballot question for the
Tuesday, November 6, 2018, national midterm elections, to amend th e City
Charter, Article II, SECTION 6, subsection D Voting Procedure, to reduce the
number of votes necessary to make land use and development regulations less
restrictive. 3/5
(Commissioner Liebman)
13
This item was discussed together with add-on item (a) since they both had a common 14
subject. The difference between the two items was that the add -on provided for three options 15
such as: "to amend the voting requirement citywide as "option 2a"; or, in the area designated as 16
the "Commercial Core" as "option 2b by reducing it from 5/5 to 3/5 as "option 3a", or by reducing 17
it from 5/5 to 4/5 as "option 3b". 18
19
Commissioner Liebman proposed the "citywide" option but the motion didn't get a 20
second and died. 21
22
Commissioner Harris moved to recommend the "Commercial Core" as option 2b. 23
Seconded by Commissioner Gil, the motion passed 4-1 (Liebman). 24
25
The Commission also amended the resolution to have the ballot question on the 26
August primary election, time permitted. 27
28
Finally, this item and add-on item a) were combined and amended into one. 29
30
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CITY COMMISSION MINUTES
April 17, 2018
6
Moved by Mayor Stoddard, seconded by Commissioner Gil, the motion to approve as 1
amended Resolution No. 082-18-15115 instructing the City Attorney to draft a ballot question 2
for the Tuesday, November 6, 2018, national midt erm elections, to amend the City Charter, 3
Article II, SECTION 6, subsection D Voting Procedure, to reduce the number of votes necessary 4
to make land use and development regulations less restrictive, passed by a 5 - 0 vote: 5
6
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
7 8
P. RESOLUTION(S) PUBLIC HEARING(S)
9 10
8. A Resolution authorizing the City Manager to enter into a multi-year
year agreement with H & R Paving, Inc., by piggybacking onto its agreement
with the City of Miami. 3/5
(City Manager-Public Works)
11
Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve 12
Resolution No. 083-18-15116 authorizing the City Manager to enter into a multi-year 13
year agreement with H & R Paving, Inc., by piggybacking onto its agreement with the City of 14
Miami, passed by a 5 - 0 vote: 15
16
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
17 18
Q. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
19 20
9. 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)
21
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CITY COMMISSION MINUTES
April 17, 2018
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Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 1
Ordinance No. 07-18-2296 related to the fee schedule; amending Ordinance 09-17-2279 to 2
reduce fitness center annual membership fees per patron and to add new fees to the sched ule, 3
passed by a 5 - 0 vote: 4
5
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
6 7
10. An Ordinance amending the City of South Miami Code of Ordinances, Chapter
2, Section 2-2.1. 3/5
(Commissioner Liebman)
8
At the opening of public hearing the following individual(s) addressed the 9
Commission: Antoinette Fischer. 10
11 12
R. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)
13 14
11. An Ordinance adopting an amendment to the Comprehensive Plan to amend
the future land use category "Parks and Open Space" and to amend the Future
Land Use Map of the Comprehensive Plan, to identify the area located under
the Metrorail, including the Underline linear park, as part of the City's Parks and
Open Space, and Authorizing Transmittal to the Florida Department of
Economic Opportunity and Review Agencies. (Deferred 04-03-18) 4/5
(City Manager-Planning & Zoning)
15
Moved by Mayor Stoddard, seconded by Commissioner Gil, the motion to approve An 16
Ordinance adopting an amendment to the Comprehensive Plan to amend the future land use 17
category "Parks and Open Space" and to amend the Future Land Use Map of the 18
Comprehensive Plan, to identify the area located under the Metrora il, including the Underline 19
linear park, as part of the City's Parks and Open Space, and Authorizing Transmittal to the 20
Florida Department of Economic Opportunity and Review Agencies, passed by a 5 - 0 vote: 21
22
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
15
CITY COMMISSION MINUTES
April 17, 2018
8
Commissioner Gil
Nay : None
1
12a. An Ordinance Adopting a Small-Scale Amendment to the Future Land Use Map of 2
the City of South Miami’s Comprehensive Plan, amending the designation of an 3
approximately 2.60-acre property generally located northwest of the intersection 4
of SW 72nd Street and SW 67th Avenue, and as legally described herein, from 5
Religious to Multiple Family Residential (Four Story). 4/5 6
(City Manager-Planning & Zoning) 7
8
Ms. Tompkins addressed the Commission on both items. 9
10
Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve 11
An Ordinance Adopting a Small-Scale Amendment to the Future Land Use Map of the City of 12
South Miami’s Comprehensive Plan, amending the designation of an approximately 2.60-acre 13
property generally located northwest of the intersection of SW 72nd Street and SW 67th 14
Avenue, and as legally described herein, from Religious to Multiple Family Residential (Four 15
Story), passed by a 4 - 1 vote: 16
17
Yea: Mayor Stoddard
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : Vice Mayor Harris
18
12b. An Ordinance amending the Official Zoning Map, amending the designa tion of an 19
approximately 2.60 acre property generally located northwest of the intersection 20
of SW 72nd Street and SW 67th Avenue, as legally described herein, from “R” 21
Religious to “RM-18” Low Density Multi-Family Residential. 4/5 22
(City Manager-Planning & Zoning) 23
24
Attorney Tucker Gibbs representing the applicant addressed the Commission. 25
26
Attorney Iris Escarra also representing the applicant addressed the Commission. 27
28
At the opening of public hearing the following individuals addressed the Commission: 29
Jean Underwood, Shirley Wyatt, Norma Shok, Jena Staly (opposed), Anita Jenkins (opposed), 30
Michael Binkov, (opposed), Gloria Duval (opposed), Frank Perez (opposed), Martinez (opposed), 31
Angela (opposed), Ana Rojas (opposed), Mike Sullivan(opposed), Ileana Perez-Quintana 32
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CITY COMMISSION MINUTES
April 17, 2018
9
(opposed), Gustavo Betancourt (opposed), Michael Tichenor (opposed), Lew Sellars (proposed 1
alternative), Hector Figaro (opposed), Antoinette Fischer. 2
3
Commissioner Welsh said favoring the suggestion by former Commissioner Lew 4
Sellars for considering an RT-6 as an alternative. 5
6
Mayor Stoddard provided suggestions for modification of the site plan by showing 7
an alternative visual. Suggestions were made for using Sunset for ingress/egress as opposed to 8
the proposed 67 Ave. 9
10
Vice Mayor Harris recommended taking the project back to the Planning Board, and 11
that the Four-Story be removed from the proposal. Counsel Escarra explained that the Planning 12
Board would not be seeing anything different since what came before the Commission was the 13
same thing that was presented before the Planning Board. 14
15
Mayor Stoddard asked what it would take to create a new land use category. Ms. 16
Tompkins explained that it would involve a Comprehensive Plan request, a process that could 17
take over six months. Commissioner Gil said to believe that the project is too dense, and that it 18
could also create a precedent's issue. 19
20
Mayor Stoddard then suggested a compromise by doing the Banyan's trick and 21
rotate them. (lower density to the north) 22
23
After quite a lengthy discussion among the Commission and the applicant, the items 24
were approved for date certain to come back to the Commission by the second meeting in May, 25
in order to allow time to the applicant to consider modifications to the plan as per Commission 26
suggestions at this meeting. 27
28
Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 29
An Ordinance amending the Official Zoning Map, amending the designation of an 30
approximately 2.60 acre property generally located northwest of the intersection of SW 72nd 31
Street and SW 67th Avenue, as legally described herein, from “R” Religious to “RM-18” Low 32
Density Multi-Family Residential, passed by a 4 - 1 vote: 33
34
Yea: Mayor Stoddard
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : Vice Mayor Harris
35 36
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CITY COMMISSION MINUTES
April 17, 2018
10
S. ORDINANCE(S) FIRST READING(S)
1 2
13. An Ordinance amending the South Miami Code of Ordinances Section 15 -83
regarding hours of operation of juke boxes, radios, etc. 3/5
(Commissioner Welsh)
3
Moved by Commissioner Welsh, seconded by Commissioner Gil, the motion to approve 4
An Ordinance amending the South Miami Code of Ordinances Section 15-83 regarding hours of 5
operation of juke boxes, radios, etc, passed by a 5 - 0 vote: 6
7
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
8 9
T. ADJOURNMENT
10
11
12
Attest
_________________________
Maria M. Menendez, CMC
City Clerk
Approved
_________________________
Philip K. Stoddard, PhD
Mayor
13
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
M E M O R A N D U M
TO: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander
DATE: April 17, 2018
SUBJECT: Managers Report
Lee Hefty of DERM informs me that the County is presently mobilized
and performing canal clean-up following Hurricane Irma throughout
the County, including the canals in South Miami (some of this work
had been pending funding approval from FEMA).
The City’s Earth Day event is scheduled for April 27 at 10 AM and the
SM Garden Club will be joining us for this event. The celebration at
Fuchs Park will include tree planting, plant giveaways, small bites &
refreshments. Come meet your local community garden club and
tree advocates and receive free advice on planting and caring for
trees.
With regard to the comprehensive plan changes and rezoning of the
LI district and the ‘hole in the doughnut’ area, we are currently in
negotiation for fees for the necessary planning background that
needs to be sent to the State for approval prior to being able to
actually enact this rezoning and revision of land use. The time
estimate for completion once initiated is approximately nine months.
The timeline Calvin Giordano put together takes into consideration
more than just the concurrency review (e.g., any text amendments to
the comprehensive plan needed to support the FLUM amendment).
Further, our Planning Director believes a concurrency review is
required per the LDC. All of these issues add to the time and
complexity of the task. Because we’re creating new land use and
19
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
M E M O R A N D U M
zoning categories and we need to study the area to determine the
appropriate levels of intensity and density of development.
Specifically the required pathway for advancing this effort once the
Commission has authorized the work is as follows:
Kick-Off and Preliminary Review
Meetings with City Staff, informal meetings with property owners
Prepare Strike-thru and Underline Amendment Documents
Staff Review of draft documents and edits as needed
Planning and Zoning Board/LPA Public Hearing
PZB Public Hearing
PZB Requested CHANGES ADDRESSED?
City Commission Public Hearing
CC Public Hearing / 1st Reading of Ordinance and Transmittal
Prepare Transmittal to State and Review Agencies of Preliminary
Documents
State Expedited Review
State and Review Agencies have 30 days to review and comments
Review of State and Agency Comments
Prepare Edits as needed
City Commission Public Hearing
CC Public Hearing / 2nd Reading or Ordinance / Adoption
Prepare Transmittal to State and Review Agencies of adopted
documents
State Expedited Review
20
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
M E M O R A N D U M
Effective Date: 31 days following the date the State finds the packet
complete, if not challenged.
It’s also worth pointing out that the zoning changes can be reviewed
with the PB and Commission concurrently with the comprehensive
plan changes, but they cannot be enacted until the comprehensive
plan text and map changes are in place.
Ms Kamali met with neighbors near the Stunna fitness business and all
agreed that the title of the use was correct and that the activity would
be acceptable in that location if it complied with the law. Ms Kamali
and I met with Mr Varona this morning and encouraged him to come
fully into compliance which seemed to be met with a positive
reaction.
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