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_HaAgenda Item No:Ha. City Commission Agenda Item Report Meeting Date: June 5, 2018 Submitted by: Maria Menendez Submitting Department: City Clerk Item Type: Minutes Agenda Section: APPROVAL OF MINUTES Subject: 05.15.18 Minutes Suggested Action: Attachments: 05.15.18 Minutes.pdf 8 CITY COMMISSION MINUTES May 15, 2018 1 City of South Miami 1 Regular City Commission Minutes 2 May 15, 2018 3 4 The following members of the City Commission were present: Mayor Stoddard, Vice 5 Mayor Harris, Commissioner Welsh, Commissioner Liebman, Commissioner Gil. 6 7 Also in attendance were: City Manager Steven Alexander, City Attorney Thomas F. 8 Pepe, Esq., City Clerk Maria M. Menendez, CMC. 9 10 11 D) MOMENT OF SILENCE 12 13 E) PLEDGE OF ALLEGIANCE 14 15 F) LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITH THE CITY CLERK 16 17 G) PRESENTATIONS 18 The Audubon Society 19 20 21 H) APPROVAL OF MINUTES 22 23 Ha.) May 1, 2018 Minutes 24 The Minutes of May 1, 2018 were unanimously approved as presented. 25 26 27 I) CITY MANAGER’S REPORT 28 (see attached) 29 30 31 J) CITY ATTORNEY’S REPORT 32 Summary of City Attorney's Report: the Carlos Rodriguez case; the Red Road 33 Commons Value Adjustment Board. 34 35 36 37 K) PUBLIC REMARKS 38 9 CITY COMMISSION MINUTES May 15, 2018 2 At the opening of public remarks the following individuals addressed the 1 Commission: Levy Kelly, Scott Rosenbaum, Helene Valentine, Bishop Larry Jones, Dick Ward, 2 Antoinette Fischer. 3 4 5 L) BOARDS AND COMMITTEES, APPOINTMENTS, ETC. 6 7 La.) Carolina Pelleya-White has been appointed by Commissioner Welsh to the Budget and Finance Committee FY 2017-18, as per City Charter Art. II, Sec. 8 A. 8 9 M) COMMISSION REPORTS, DISCUSSION & REMARKS 10 Summary of Commission Remarks: CIP Workshop scheduled for Monday, June 4 @ 11 10 a.m.; direction to request the City Attorney to draft a resolution to send to the County 12 regarding investigating condition of a certain tree on County property; increase in traffic in areas 13 of the City. 14 15 16 B) ADD-ON ITEM(S) 17 18 Ba.) A Resolution authorizing the City of South Miami (“City”) to support the Tropical Audubon Society, to allow it to use the City’s name in promoting its fundraising event scheduled for May 25, 2018, and to make a donation to the fundraiser. 3/5 (Vice Mayor Harris) 19 This item was amended to indicate that the $500 donation will be taken from 20 individual discretionary accounts: $250 from Vice Mayor Harris, $125 from Mayor Stoddard, and 21 $125 from Commissioner Gil. The amendment passed unanimously. 22 23 Moved by Vice Mayor Harris, seconded by Commissioner Liebman, the motion to 24 approve as amended Resolution No. 086-18-15119 authorizing the City of South Miami (“City”) 25 to support the Tropical Audubon Society, to allow it to use the City’s name in promoting its 26 fundraising event scheduled for May 25, 2018, and to make a donation to the fundraiser, 27 passed by a 5 - 0 vote: 28 29 Yea: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil Nay : None 30 10 CITY COMMISSION MINUTES May 15, 2018 3 Bb.) Pam Lahiff has been appointed by Commissioner Gil to the Green Task Force for a two-year term ending May 14, 2020, as per City Charter Art. II, Sec. 8 A. 1 2 Bc.) A Resolution authorizing the City Manager to execute an addendum to the Financial Advisory Agreement with Hilltop Securities, Inc. for Financial Advisory Services for the City’s Public-Private Partnership (P3) projects. 3/5 (City Manager) 3 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 4 Resolution No. 087-18-15120 authorizing the City Manager to execute an addendum to the 5 Financial Advisory Agreement with Hilltop Securities, Inc. for Financial Advisory Services for the 6 City’s Public-Private Partnership (P3) projects, passed by a 4 - 1 vote: 7 8 Yea: Mayor Stoddard Commissioner Welsh Commissioner Liebman Commissioner Gil Nay : Vice Mayor Harris 9 10 Bd.) A Resolution authorizing the City Manager amend the scope of services with Envirowaste Services Group, Inc. to include the storm drain system cleaning and maintenance in the South Miami Community Redevelopment Area. 3/5 (Mayor Stoddard) 11 This item was amended on Section 1, line one to strike the word "amend" and 12 substitute it with the word "expand", and to strike "...scope of...".The motion to amend passed 13 unanimously. 14 15 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve 16 as amended Resolution No. 088-18-15121 authorizing the City Manager amend the scope of 17 services with Envirowaste Services Group, Inc. to include the storm drain system cleaning and 18 maintenance in the South Miami Community Redevelopment Area, passed by a 5 - 0 vote: 19 20 Yea: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil Nay : None 21 11 CITY COMMISSION MINUTES May 15, 2018 4 1 2 N) CONSENT AGENDA 3 4 O) RESOLUTION(S) 5 6 1.) A Resolution of the City Commission for the City of South Miami, encouraging the Miami-Dade County Board of County Commissioners to condition the granting of a non-use variance to Mini Warehouse of Kendall LTD on the applicant’s obtaining a non-use variance to allow non-connecting streets and “T” turn arounds within this part of the Downtown Kendall Urban Center’s Edge sub-district and denying it access to and from SW 84th Street. 3/5 (Commissioner Welsh) 7 County Commissioner Javier Rodriguez was invited to address the Commission. 8 Attorney Jerry Proctor representing the applicant addressed the Commission requesting deferral 9 of the resolution to allow them to take another look at their plan. Attorney Tucker Gibbs 10 representing the Neighbors also addressed the Commission urging against deferral. 11 12 Moved by Commissioner Welsh, seconded by Commissioner Gil, the motion to approve 13 Resolution No. 089-18-15122 encouraging the Miami-Dade County Board of County 14 Commissioners to condition the granting of a non-use variance to Mini Warehouse of Kendall 15 LTD on the applicant’s obtaining a non-use variance to allow non-connecting streets and “T” 16 turn arounds within this part of the Downtown Kendall Urban Center’s Edge sub-district and 17 denying it access to and from SW 84th Street, passed by a 5 - 0 vote: 18 19 Yea: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil Nay : None 20 21 2.) A Resolution of the City of South Miami, Florida, co-designating S.W. 84 Street from 67 Avenue to 57 Avenue as “Elaine Neurhing Street”; directing the City Clerk to submit this Resolution to Miami-Dade County and to take all other necessary actions to carry out the purpose of this Resolution. 3/5 (Deferred 5-01-18) (Commissioner Welsh) 12 CITY COMMISSION MINUTES May 15, 2018 5 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve 1 Resolution No. 090-18-15123 co-designating S.W. 84 Street from 67 Avenue to 57 Avenue as 2 “Elaine Neurhing Street”; directing the City Clerk to submit this Resolution to M iami-Dade 3 County and to take all other necessary actions to carry out the purpose of this Resolution, 4 passed by a 5 - 0 vote: 5 6 Yea: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil Nay : None 7 8 3.) A Resolution deferring the second reading of the Fellowship Church proposed amendments to the Future Land Use Map of the City of South Miami’s Comprehensive Plan and the zoning map concerning the Fellowship Church property generally located northwest of the intersection of SW 72nd Street and SW 67th Avenue. 3/5 (City Attorney) 9 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 10 Resolution No. 091-18-15124 deferring the second reading of the Fellowship Church proposed 11 amendments to the Future Land Use Map of the City of South Miami’s Comprehensive Plan and 12 the zoning map concerning the Fellowship Church property generally located northwest of the 13 intersection of SW 72nd Street and SW 67th Avenue, passed by a 5 - 0 vote: 14 15 Yea: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil Nay : None 16 17 4.) A Resolution confirming priority and timeframes for progress of applications sponsored by the South Miami Community Redevelopment Agency Board for a small-scale amendment to the City’s Comprehensive Plan Future Land Use Map and a rezoning of certain properties located west of the MetroRail Transit Station, south of S.W. 70th Street, east of S.W. 61st Court and north of S.W. 72nd Street to the T.O.D.D. (4+4 Story) land use designation and the TODD MU- 5 zoning district; instructing the City Manager to take further action. 3/5 13 CITY COMMISSION MINUTES May 15, 2018 6 (Vice Mayor Harris) 1 Moved by Vice Mayor Harris, seconded by Commissioner Liebman, the motion to 2 approve as amended Resolution No. 092-18-15125 confirming priority and timeframes for 3 progress of applications sponsored by the South Miami Community Redevelopment Agency 4 Board for a small-scale amendment to the City’s Comprehensive Plan Future Land Use Map and 5 a rezoning of certain properties located west of the MetroRail Transit Station, south of S.W. 6 70th Street, east of S.W. 61st Court and north of S.W. 72nd Street to the T.O.D.D. (4+4 Story) 7 land use designation and the TODD MU-5 zoning district; instructing the City Manager to take 8 further action, passed by a 5 - 0 vote: 9 10 Yea: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil Nay : None 11 After voting on this item, the Commission moved to reconsider and go back to the 12 item in order to make an amendment to Section 1 by striking all language after the second line 13 ending in "...is a priority." The amendment passed unanimously. 14 15 16 5.) A Resolution authorizing the City Manager to amend the contract with Calvin Giordano & Associates, Inc. for additional professional services related to the “Comprehensive Plan and Land Development Code Revision”. 3/5 (City Manager-Planning) 17 Moved by Commissioner Liebman, seconded by Mayor Stoddard, the motion to approve 18 Resolution No. 093-18-15126 authorizing the City Manager to amend the contract with Calvin 19 Giordano & Associates, Inc. for additional professional services related to the “Comprehensive 20 Plan and Land Development Code Revision”, passed by a 5 - 0 vote: 21 22 Yea: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil Nay : None 23 24 25 14 CITY COMMISSION MINUTES May 15, 2018 7 P) RESOLUTION(S) PUBLIC HEARING(S) 1 2 6.) A Resolution of the City of South Miami, Florida, placing a question on the August 28, 2018, primary election ballot seeking voter approval of an amendment to the City’s Charter, Article II, Section 6D, reducing voting requirements needed to make land use and development regulations less restrictive in certain areas of the City. 3/5 (City Commission) 3 At the opening of public hearing the following individuals addressed the Commission: 4 Antoinette Fischer, Scott Rosenbaum, Bishop Larry Jones, Levy Kelly, Mark Lago. 5 6 The Commission discussed the proposed resolution. Mayor Stoddard proposed a 7 revised language for Option 6 with a handout he distributed among the Commission during the 8 meeting. Mayor Stoddard then moved to substitute Option 6 with the proposed revised 9 language, as follows: 10 11 BALLOT QUESTION 12 “Shall Charter Article II, section 6.D.1. (requiring unanimous voting for some land use and 13 development regulations) be amended to enable the City Commission by 4/5 majority 14 vote to change land use and development regulation s in certain commercial, industrial, 15 and mixed-use areas near the South Miami Metrorail Station, the “Commercial Core” as 16 further described in Resolution 058-18-15091.” 17 seconded by Commissioner Liebman, the motion passed 4-1 (Harris). 18 19 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 20 as amended Resolution No. 094-18-15127 placing a question on the August 28, 2018, primary 21 election ballot seeking voter approval of an amendment to the City’s Charter, Article II, Section 22 6D, reducing voting requirements needed to make land use and development regulations less 23 restrictive in certain areas of the City, passed by a 4 - 1 vote: 24 25 Yea: Mayor Stoddard Commissioner Welsh Commissioner Liebman Commissioner Gil Nay : Vice Mayor Harris 26 27 15 CITY COMMISSION MINUTES May 15, 2018 8 Q) ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) 1 2 7.) 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) 3 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to approve 4 Ordinance No. 10-18-2299 amending the City of South Miami Land Development Code, Chapter 5 20, Article IV, Section 20-4.5.1 G to provide for voluntary off-site tree mitigation, passed by a 5 6 - 0 vote: 7 8 Yea: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil Nay : None 9 10 8.) 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 (Commissioner Welsh) 11 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to approve 12 Ordinance No. 11-18-2300 to protect the residential neighborhoods that abut the NR zoned 13 districts from noise generated from outdoor seating/dining by amending Section 20 -3.3 (E) of 14 the City of South Miami Land Development Code regarding outdoor dining, passed by a 5 - 0 15 vote: 16 17 Yea: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Gil Nay : None 18 19 20 16 CITY COMMISSION MINUTES May 15, 2018 9 S) ADJOURNMENT 1 2 Attest _________________________ Maria M. Menendez City Clerk Approved _________________________ Philip K. Stoddard Mayor 3 17