_HaAgenda Item No:Ha.
City Commission Agenda Item Report
Meeting Date: May 15, 2018
Submitted by: Maria Menendez
Submitting Department: City Clerk
Item Type: Minutes
Agenda Section: APPROVAL OF MINUTES
Subject:
May 1, 2018 Minutes
Suggested Action:
Attachments:
05.01.18 Minutes.pdf incl CM Report.pdf
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CITY COMMISSION MINUTES
May 1, 2018
1
City of South Miami 1
Regular City Commission Minutes 2
May 1, 2018 3
4 5
A) SILENCE OR TURN OFF ALL CELL PHONES
6 7
B) ADD-ON ITEM(S)
8 9
B.1) SMCRA Advisory Board Appointment
10 11
C) ROLL CALL
12
The following members of the City Commission were present: Mayor Stoddard, Vice 13
Mayor Harris, Commissioner Welsh, Commissioner Liebman, Commissioner Gil. 14
15
Also in attendance were: City Manager Steven Alexander, City Attorney Thomas F. 16
Pepe, Esq., City Clerk Maria M. Menendez, CMC. 17
18 19
D) MOMENT OF SILENCE
20 21
E) PLEDGE OF ALLEGIANCE
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F) LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE CITY CLERK
24 25
G) PRESENTATIONS
26 27
G.1) Mr. Sergio Escobar, Executive Director of the Agency for Int’l Cooperation of
Medellin (A.C.I.)
28
This presentation did not take place. 29
30 31
G.2) Municipal Clerk's Week Proclamation
32
33
34 35
H) APPROVAL OF MINUTES
36 37
H.1) Minutes of April 17, 2018
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CITY COMMISSION MINUTES
May 1, 2018
2
1
The Minutes of April 17, 2018 were unanimously approved as presented. 2
3 4
I) CITY MANAGER’S REPORT
5
(See attached) 6
7 8
J) CITY ATTORNEY’S REPORT
9
City Attorney's Summary Report: the Southeastern Investment case--a 6:30 p.m. 10
shade meeting was announced for May 15 relating to this case; the Unsolicited Proposal(s) for 11
the sale of City Hall property; the Sierra Club; the Clean Power Plan; the expansion of the sewer 12
system. 13
14 15
K) PUBLIC REMARKS
16
At the opening of public remarks, the following individuals addressed the 17
Commission: Carlos Dorrego, Scott Rosenbaum, Dymphna Zaydon, Dalisa Alvarez, Jorge Milian, 18
Christopher Cooke-Yarborough. 19
20 21
L) BOARDS AND COMMITTEES, APPOINTMENTS, ETC.
22 23
L.1) Cornelius Harrington III has been appointed by Mayor Stoddard to the SMCRA
Advisory Board as per City Charter Art. II, Sec. 8 A. for a two-year term ending
4-30-20.
24 25
L.2) Laurie Kahn has been appointed by Commissioner Welsh to the SMCRA Advisory
Board as per City Charter Art. II, Sec. 8 A. for a two-year term ending 4-30-20.
26 27
L.3) Michell Hawkins has been appointed by Commissioner Gil to the SMCRA
Advisory Board as per City Charter Art. II, Sec. 8 A. for a two-year term ending
4-30-20.
28
B.1. Jeff Guerra has been appointed by Vice Mayor Harris to the SMCRA Advisory 29
Board as per City Charter Art. II, Sec. 8 A. for a two-year term ending 4-30-20. 30
31 32
M) COMMISSION REPORTS, DISCUSSION & REMARKS
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Summary of Commission Remarks: the Girls Scout property; the opening of 84 Street-34
-this item currently scheduled on the County Commission agenda has been requested for 35
deferral; the Mount Nebo 87th Birthday; the noise issue with the gym on 64 Street. 36
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CITY COMMISSION MINUTES
May 1, 2018
3
1 2
N) CONSENT AGENDA
3 4
O) RESOLUTION(S)
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O.1) A Resolution for the City of South Miami to join the Seawall Coalition and
support its mission. 3/5
(Mayor Stoddard)
7
Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve 8
Resolution No. 084-18-15117 for the City of South Miami to join the Seawall Coalition and 9
support its mission, passed by a 5 - 0 vote: 10
11
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
12
B.2. A Resolution confirming priority and timeframes for progress of applications 13
sponsored by the South Miami Community Redevelopment Agency Board for a 14
small-scale amendment to the City’s Comprehensive Plan Future Land Use Map 15
and a rezoning of certain properties located west of the MetroRail Transit Station, 16
south of S.W. 70th Street, east of S.W. 61st Court and north of S.W. 72nd Street 17
to the T.O.D.D. (4+4 Story) land use designation and the TODD MU-5 zoning 18
district; instructing the City Manager to take further 19
action. 3/5 20
(Vice Mayor Harris) 21
22
Moved by Vice Mayor Harris, seconded by Commissioner Welsh, the motion to add 23
this add-on item to the agenda failed by 2-3 vote: 24
25
Yea: Vice Mayor Harris
Commissioner Welsh
Nay: Mayor Stoddard
Commissioner Liebman
Commissioner Gil
26
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CITY COMMISSION MINUTES
May 1, 2018
4
B.3. A Resolution of the City Commission for the City of South Miami, encouraging the 1
Miami-Dade County Board of County Commissioners to condition the granting of 2
a non-use variance to Mini Warehouse of Kendall LTD on the applicant’s 3
obtaining a non-use variance to allow non-connecting streets and “T” turn 4
arounds within this part of the Downtown Kendall Urban Center’s Edge sub -5
district and denying it access to and from SW 84th 6
Street. 3/5 7
(Commissioner Welsh) 8
(This item was withdrawn to be placed on t he next meeting) 9
10
B.4. A Resolution of the City of South Miami, Florida, supporting the Sierra Club’s 11
opposition to Florida Power & Light Company’s (FPL)’s application for the location, 12
construction, and operation of a gas-burning power plant in Dania Beach and 13
authorizing the Mayor to testify in support of the Sierra C lub’s 14
proceedings. 3/5 15
(Mayor Stoddard) 16
Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to 17
approve this item passed by 5-0 vote: 18
19
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
20
21
B.5. A Resolution of the City of South Miami, Florida, co-designating S.W. 84 Street from 22
67 Avenue to 57 Avenue as “Elaine Neurhing Street”; directing the City Clerk to 23
submit this Resolution to Miami-Dade County and to take all other necessary 24
actions to carry out the purpose of this 25
Resolution. 3/5 26
(Commissioner Welsh) 27
Moved by Commissioner Welsh seconded by Vice Mayor Harris, the motion to defer 28
this item passed by 5-0 vote: 29
30
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
10
CITY COMMISSION MINUTES
May 1, 2018
5
Nay : None
1
2 3
Q) ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
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Q.1) 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)
6
At the opening of public hearing the following individual(s) addressed the 7
Commission: Dalisa Alvarez, George Milian, Levy Kelly. 8
9
A motion was made by Mayor Stoddard to amend line 42 on page one of the 10
ordinance by striking the word "...and...". Seconded by Commissioner Welsh the motion passed 11
unanimously. 12
13
Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve as 14
amended Ordinance No. 09-18-2298 amending the South Miami Code of Ordinances Section 15
15-83 regarding hours of operation of juke boxes, radios, etc., passed by a 5 - 0 vote: 16
17
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
18
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S) ORDINANCE(S) FIRST READING(S)
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S.1) An Ordinance amending the City of South Miami Land Development Code,
Chapter 20, Article IV, Section 20-4.5.1 G to provide for voluntary off-site tree
mitigation. 3/5
(Commissioner Welsh)
Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve An 23
Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, 24
Section 20-4.5.1 G to provide for voluntary off-site tree mitigation, passed by a 5 - 0 vote: 25
26
Yea: Mayor Stoddard
Vice Mayor Harris
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CITY COMMISSION MINUTES
May 1, 2018
6
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
1 2
S.2) An Ordinance to protect the residential neighborhoods that abut the NR zoned
districts from noise generated from outdoor seating/dining by amending
Section 20-3.3 (E) of the City of South Miami Land Development Code regarding
outdoor dining. 3/5
3
The Commission discussed the proposed ordinance. Mayor Stoddard moved to 4
amend the item by adding additional language. Seconded by Commissioner Welsh, the 5
amendment passed unanimously. (The amendment will be reflected on the ordinance at second 6
reading on the following meeting). 7
8
Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve as 9
amended, An Ordinance to protect the residential neighborhoods that abut the NR zoned 10
districts from noise generated from outdoor seating/dining by amending Section 20 -3.3 (E) of 11
the City of South Miami Land Development Code regarding outdoor dining, passed by a 5 - 0 12
vote: 13
14
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
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T) ADJOURNMENT
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Attest
_________________________
Maria M. Menendez, CMC
City Clerk
Approved
_________________________
Philip K. Stoddard, PhD
Mayor
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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: May 1, 2018
SUBJECT: Managers Report
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).
Construction of the new asphalt path is scheduled to commence
Tuesday, May 15th. Anticipated completion is Friday, June 8th, weather
permitting.
Improvements to the batting cages are underway at Palmer Park. This
project entails installation of new sports turf and custom-fitted netting.
Work should be completed by or before next Friday, 5/11.
South Miami’s first Bark in the Park event. Residents and their pups will
get to enjoy multiple dog activities, photo op, treats, music and small
bites and refreshments. It will be held this Saturday May 5 at the dog
park from 10 am to noon. The dog park is located at 6380 SW 78th St.
In celebration of National Arbor Day, the City’s Parks and Recreation
Department partnered with South Miami Garden Club to host Arbor
Day 2018 at Fuchs Park last Friday, April 27th from 10:00 a.m. to 12:00
p.m.
The South Miami Garden Club donated mouthwatering sweets for
volunteers and a beautiful 100-gal. Magnolia tree which was planted
near the sand volleyball area.
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
M E M O R A N D U M
Commissioner Robert Welsh, Parks and Recreation staff, members of
the SM Garden Club and area residents assisted with planted the
Magnolia tree.
The continuation of this tradition has resulted in the City of South Miami
receiving six (6) Tree City USA® Awards in a row.
The City of South Miami works tirelessly to assure its tree canopied
streets and parks remain a special feature of the City’s neighborhood
and public spaces.
With regard to the comprehensive plan changes and rezoning of the
LI district and the ‘hole in the doughnut’ area, an inquiry was made
relative to the Alta project moving forward and passing the required
votes when the rest of the ‘hole in the doughnut’ area did not move
forward. As you know, there is significant professional staff work that
is required in advance of voting by the Commission to ensure that we
recommend actions that are proper and legal within our framework
of laws. To not do so would be to virtually beg for a lawsuit.
Alta paid a $6,000 application fee for the zoning change and $3,000
each for the variance and special exception. Professional services
included the traffic review ($3,520), and $2,100 for landscape/tree
mitigation review. There’s also $2,000 in City staff time. Alta didn’t
need a Comprehensive Plan amendment, but the fee for that would
have been $30,000.
CGA’s proposal for the donut hole is $17,000. Their estimated timeline
is approximately 9 months. I think the timeline is really conservative,
but I certainly don’t think it’s realistic to think we’ll have anything ready
for first reading for the City Commission by June 19th, as tonight’s
resolution calls for. We’ve already missed the advertising deadline for
the May Planning Board meeting.
14
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
M E M O R A N D U M
Assuming we could get Commission approval for the CGA contract
to prepare the necessary documentation and studies on the May 15th,
agenda, I don’t think we’d be ready for any meeting before July, and
since the Planning Board prefers to hold workshops on such items prior
to their actions, that would have to come first (much like we’re
planning on doing with the Winn-Dixie project).
Please keep in mind that rezoning the property in advance of the
Future Land Use Map change would create an inconsistency
between the two maps and would probably make a legal challenge
to the zoning pretty easy.
15
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
M E M O R A N D U M
South Miami Zoning Map and FLUM
Amendments
Month 1 2 3 4 5 6 7 8 9 10 11 12
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 Edits as needed
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 comment
Review of State and Agency Comments
Prepare Edits as needed
City Commission Public Hearing /
CC Public Hearing / 2nd Reading of Ordinance /
Adoption
Prepare Transmittal to State and Review Agencies of
adopted documents
State Expedited Review
Effective Date: 31 days following State finds packet
complete, if not challenged
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
M E M O R A N D U M
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
17
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.
The Miami-Dade County Association of Chiefs of Police held their
annual elections for the Treasurer position on our Executive Board. The
membership elected South Miami Police Chief Rene Landa to fill this
position. Please join me in congratulating Chief Landa, the official
swearing ceremony for Chief Landa, the incoming President and the
Executive will be held at the May dinner meeting on May 17, 2018 at
the New World Symphony on Miami Beach.
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