City of South Miami Regular City Commission Minutes November 1, 2016

Transcription

1 1 2 3 ~ A. SILENCE OR TURN OFF ALL CELL PHONES City of South Miami Regular City Commission Minutes November 1, 2016 B. ADD-ON ITEM(S) e. ROLL CALL The following members of the City Commission were present:, Vice 12 Mayor Welsh,,, Also in attendance were: City Manager Steven Alexander, City Attorney Thomas F. 15 Pepe, Esq., City Clerk Maria M. Menendez, CMe. H D. MOMENT OF SILENCE E. PLEDGE OF ALLEGIANCE ~3 ~~ ~~ ~ ~ ~~ F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITH THE CITY CLERK G. H. I. J. PRESENTATIONS ill "Food, Wine & Spirits Festival" APPROVAL OF MINUTES a) Minutes of October 18, 2016 The Minutes of October 18, 2016 were unanimously approved as presented. CITY MANAGER'S REPORT (See attached) CITY ATTORNEY'S REPORT C~~Y COMMISSIOK MINUTES November 1, 20~6

2 1 [City Attorney reminder: Remarks are limited to those matters that are not quasijudicial. Any comment on a quasi-judicial matter may be made when the item is called and the speaker is under oath.] 2 Summary of the City Attorney's Report: an appeal was filed in the Orlando Martinez 3 de Castro case; working on the new CCNA solicitation; working on the first challenge of the red 4 light cameras. 6 K. PUBLIC REMARKS 7 8 The following individuals addressed the Commission: Jeanelle Woodward, Peter 9 Jude, Christy Sellars, Dick Ward, John Edward Smith, Ahmad Lama, Lee Jacobs, Kenneth Merker, 10 Yvonne Beckman, Antoinette Fischer, Dr. Anna Price. H L. COMMISSION REPORTS, DISCUSSION & REMARKS Commission Remarks: the sale of city hall; the item relating to the SMCRA budget; 15 the proposed abandonment of a portion of SW 82 Street; about Safe Streets; announcing the 16 upcoming art show. 18 M. CONSENT AGENDA 1. A Resolution acknowledging Commissioner Josh Liebman's (Group Seat II) appointment of Maximo Monterrey as the representative of Group Seat II, to serve on the Budget and Finance Committee for a term ending September 30, /5 () Moved by, seconded by, the motion to approve 23 Resolution No acknowledging Commissioner Josh Liebman's (Group Seat II) 24 appointment of Maximo Monterrey as the representative of Group Seat II, to serve on the 25 Budget and Finance Committee for a term ending September 30,2017, passed by a 5-0 vote: 26 C:TY COMM~SSlO~ MINUT~S November 1, 20: 6 2

3 1 2. A Resolution acknowledging 's (Group Seat II) reappointment of Bradley Cassel, as the representative of Group Seat II, to serve on the Pension Board for the South Miami Pension Plan for a two-year term ending October 31, /5 () 2 Moved by, seconded by, the motion to approve 3 Resolution No acknowledging 's (Group Seat II) re- 4 appointment of Bradley Cassel, as the representative of Group Seat II, to serve on the Pension 5 Board for the South Miami Pension Plan for a two-year term ending October 31,2018, passed 6 by a 5-0 vote: A Resolution acknowledging Commissioner Josh Liebman's (Group Seat II) appointment of Chris Wolfe as the representative of Group Seat II, to serve on the Environmental Review and Preservation Board for a two-year term ending October 31, /5 () 11 Moved by, seconded by, the motion to approve 12 Resolution No acknowledging Commissioner Josh Liebman's (Group Seat II) 13 appointment of Chris Wolfe as the representative of Group Seat II, to serve on the 14 Environmental Review and Preservation Board for a two-year term ending October 31, 2018, 15 passed by a 5-0 vote: A Resolution authorizing the City Manager to purchase from Parker Systems, Tier 2 Support for the fifty three (53) pay stations at $250 per machine, in an C~TY COM~=SSIOK MIKG~ES November ~, 2C16 3

4 amount not to exceed $13,250. (City Manager-Finance) 1 2 Moved by, seconded by, the motion to approve 3 Resolution No authorizing the City Manager to purchase from Parker Systems, 4 Tier 2 Support for the fifty three (53) pay stations at $250 per machine, in an amount not to 5 exceed $13,250, passed by a 5-0 vote: 6 3/5 5. A Resolution of the City of South Miami Commission Opposing the Florida Department of Environmental Protection (DEP) and Environmental Regulation Commission (ERe) weakening of human health protections through new human health-based water quality criteria for our waters and urging the u.s. Environmental Protection Agency to deny Florida's proposed Human Healthbased Water Quality Criteria. 3/5 () 9 10 Moved by, seconded by, the motion to approve 11 Resolution No Opposing the Florida Department of Environmental Protection 12 (DEP) and Environmental Regulation Commission (ERe) weakening of human health protections 13 through new human health-based water quality criteria for our waters and urging the u.s. 14 Environmental Protection Agency to deny Florida's proposed Human Health-based Water 15 Quality Criteria, passed by a 5-0 vote: 16 7a. A Resolution urging municipalities within Miami-Dade County to partner with the county to secure state and federal funding to assist with eliminating septic systems and converting to sewer system connections. 3/5 C~~~ COM~~SS~O~ ~=NJ~~S N ove;nbe c ~, 2 0 ~ 6

5 1 () 2 Moved by, seconded by, the motion to approve 3 Resolution No urging municipalities within Miami-Dade County to partner with 4 the county to secure state and federal funding to assist with eliminating septic systems and 5 converting to sewer system connections, passed by a 5-0 vote: 6 N. RESOLUTION(S) 6. A Resolution authorizing Unlimited Sales Group Inc. to host its First Annual South Miami Food, Wine and Spirits Festival on 72nd Street (Sunset Drive) from South Dixie Highway to 58th Avenue. 3/5 (City Manager-Parks & Recreation) Following a discussion about this item, the Commission proposed deferral for the 13 purpose of conducting further research on the request Moved by, seconded by, the motion to defer A 16 Resolution authorizing Unlimited Sales Group Inc. to host its First Annual South Miami Food, 17 Wine and Spirits Festival on 72nd Street (Sunset Drive) from South Dixie Highway to 58th 18 Avenue, passed by a 5-0 vote: A Resolution authorizing ROK:BRGR to host its 3rd Annual Fall Festival on 58th Avenue from 73rd Street to 74th Street. 3/5 (City Manager-Parks & Recreation) CITY CO~M:SSION M~NGTES c;ovember:,20l6 5

6 1 This item was pulled from the Consent for further comments and for supporting 2 waving fees in the amount of $ Moved by, seconded by, the motion to approve as 5 amended Resolution No authorizing ROK:BRGR to host its 3rd Annual Fall 6 Festival on 58th Avenue from 73rd Street to 74th Street, passed by a 5-0 vote: 7 8. A Resolution approving the annual South Miami Community Redevelopment Agency budget for Fiscal Year beginning October 1, 2016 and ending September 30, 2017; approving the appropriations and anticipated expenditure of the funds and authorizing the Agency to transmit the budget to Miami-Dade County for final approval. 3/5 (SMCRA) The public was allowed to speak on this item: Eugene Pugh, Donald Jackson, Pastor 12 Rodney James, Rodney Williams Following discussion on this item, the Commission recommended deferral in order 15 to meet with the Concerned Clergy as requested Moved by, seconded by, the motion to defer 18 A Resolution approving the annual South Miami Community Redevelopment Agency budget for 19 Fiscal Year beginning October 1, 2016 and ending September 30,2017; approving the 20 appropriations and anticipated expenditure of the funds and authorizing the Agency to transmit 21 the budget to Miami-Dade County for final approval, passed by a 4-1 vote: A Resolution relating to the review and acceptance of the Annual c=~y CO~M=SS~O~ ~:KJ~ES November- =, 2C~6 6

7 Development Agreement Report of the RRC 57th Avenue LLC [Red Road Commons). 3/5 (City Manager-Planning & Zoning) 1 2 Mr. Proctor representing the Red Road Commons addressed the Commission. 3 4 Moved by, seconded by, the motion to approve 5 Resolution No relating to the review and acceptance of the Annual Development 6 Agreement Report of the RRC 57th Avenue LLC [Red Road Commons), passed by a 5-0 vote: a) A Resolution relating to the review and acceptance of the Annual Report of the RRC 57 Avenue LLC (Red Commons). (City Manager-Planning & Zoning) Housing 14 Moved by, seconded by, the motion to approve 15 Resolution No relating to the review and acceptance of the Annual Housing 16 Report of the RRC 57 Avenue LLC (Red Road Commons), passed by a 5-0 vote: b) Road A Resolution acknowledging Commissioner Gabriel Edmond's (Group Seat I) appointment of Douglas Thompson, as the representative of Group Seat I, to serve on the Environmental Review and Preservation Board for a two-year term ending October 31, /5 () 3/5 C~,V CO~~ISSIOK ~,N~TSS Novenilier :, 20=-6 7

8 1 Moved by, seconded by, the motion approving 2 Resolution No acknowledging Commissioner Gabriel Edmond's (Group Seat I) 3 appointment of Douglas Thompson, as the representative of Group Seat I, to serve on the 4 Environmental Review and Preservation Board for a two-year term ending October 31, 2018, 5 passed by a 5-0 vote: c) A Resolution of the City of South Miami requesting that the Miami-Dade County Board of County Commissioners not change the zoning of 5620 and 5700 SW 67th Avenue from Estate 15,000 square feet minimum to commercial use. 3/5 () 13 Moved by, seconded by, the motion approving as 14 amended Resolution No requesting that the Miami-Dade County Board of 15 County Commissioners not change the zoning of 5620 and 5700 SVV 67th Avenue in the area of 16 the southwest corner of SW 56 th Street and SW 6ih Avenue from Estate 15,000 square feet 17 minimum to commercial use, passed by a 5-0 vote: d) A Resolution approving Miami-Dade County's proposal to apply the mosquito larvicide Bti in South Miami's Hometown District to reduce the potential for an outbreak of the Zika virus. 3/5 () 25 Moved by, seconded by, the motion to approve 26 Resolution No approving Miami-Dade County's proposal to apply the mosquito 27 larvicide Bti in South Miami's Hometown District to reduce the potential for an outbreak of the 28 Zika virus, passed by a 5-0 vote: C=TY co~~~ss~o~ KoveTbe~ 1, 20~6 MTN~~~S 8

9 1 2 a 5 ~ O. RESOLUTION(S) PUBLIC HEARING(S) 10. A Resolution approving a special use to permit a fraternal organization/private club at 6304 SW 78 Street. 4/5 (City Manager-Planning & Zoning) 8 9 Attorney Micky Marrero representing the applicant addressed the Commission A couple of neighbors addressed concerns from neighbors regarding parking 12 spillage in the surrounding neighborhood, as well as sound and lighting intrusion after 10: Moved by, seconded by, the motion to approve 15 as amended Resolution No approving a special use to permit a fraternal 16 organization/private club at 6304 SW 78 Street, passed by a 5-0 vote: 17 P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) 11. An Ordinance amending the Land Development Code, Article VI, Section , and other applicable provisions, to define the term "less restrictive" as it applies to the voting requirements of the City Commission. 3/5 () 12. An Ordinance vacating and abandoning a portion of SW 82 Street more fully C~7Y COXX:SSTOX XIXC;ES Nove~~ec :, 20:6 9

10 1 described in a legal description set forth herein, subject to certain conditions, including the preservation of an easement. (Deferred ) 3/5 (City Manager-Planning & Zoning) 2 Moved by, seconded by, the motion to defer An 3 Ordinance vacating and abandoning a portion of SW 82 Street more fully described in a legal 4 description set forth herein, subject to certain conditions, including the preservation of an 5 easement, passed by a 5-0 vote: An Ordinance amending the Land Development Code, Article III, Sections to add conditions to protect the health, safety and welfare of residential districts and change the requirements for the special use approval of fraternal organizations and private clubs and amend their parking requirements in section of the LDC. () This item was pulled out of order to be heard before item # Moved by, seconded by, the motion to approve 13 Ordinance No amending the Land Development Code, Article III, Sections to 14 add conditions to protect the health, safety and welfare of residential districts and change the 15 requirements for the special use approval of fraternal organizations and private clubs and 16 amend their parking requirements in section of the LDC, passed by a 5-0 vote: 17 sis Q. ORDINANCE(S) FIRST READING(S) c=:y COM~~SS~O~ MI~~T~S Kove~~er 1, 28~6

11 14. An Ordinance amending Section of the City of South Miami Land Development Code, to make corrections and to amend the membership and quorum requirements for the Planning Board. 3/5 (City Manager-Planning & Zoning) 1 2 Moved by, seconded by, the motion to approve An 3 Ordinance amending Section of the City of South Miami Land Development Code, to 4 make corrections and to amend the membership and quorum requirements for the Planning 5 Board, passed by a 5-0 vote: An Ordinance amending Chapter 2, Article I, Section (B), (C) and (C) 1 and 2 of the City of South Miami Code of Ordinances, to modify the capitalization of key words and to add requirements for Sunshine Meetings. 3/5 () 9 10 The Commission discussed the proposed ordinance, recommending a few 11 amendments that will be reflected on the item at its second reading Moved by, seconded by, the motion to 14 approve as amended An Ordinance amending Chapter 2, Article I, Section (BL (C} and (C} 1 15 and 2 of the City of South Miami Code of Ordinances, to modify the capitalization of key words 16 and to add requirements for Sunshine Meetings, passed by a 4-1 vote: An Ordinance amending the City of South Miami Land Development Article VI, Section (B) (4) (a) iii to provide for a recommendation of the Planning Board when the Board is deadlocked. 3/5 (City Attorney) C=T~ COM~=SSIOK MINJ~'~S NoveC"ne:r " 2016

12 1 2 The City Attorney presented this item. 3 4 Moved by, seconded by, the motion to approve 5 An Ordinance amending the City of South Miami Land Development Article VI, Section (B) 6 (4) (a) iii to provide for a recommendation of the Planning Board when the Board is deadlocked, 7 passed by a 5-0 vote: R. ADJOURNMENT Attest Approved 13 Maria M. Menendez, CMC City Clerk Philip K. Stoddard, PhD Mayor C~TY COM~=SSIOK ~IN~~ES "iover:toec ~, 28: 6 ~2

13 ',~;, <:;., Sou;hl~iami Tllf CITY or Pir:t\SAI\:T LlVINC CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER MEMORANDUM To: FROM: The Honorable Mayor & Members of the City Commission Steven Alexander DATE: November 1,2016 SUBJECT: Managers Report won the award as the Most Outstanding Green Elected Official for the USGBC South Florida Region's GalaVerde Awards Program. The GalaVerde Awards dinner took place October 29, at the Hilton West Palm Beach. Congratulations on this noteworthy achievement! Officer Serguey Hernandez was presented with a plaque for Officer of the Quarter for the South Miami Rotary Club. This award was awarded for his work in the downtown area as the walking beat officer. We would request item 12 be deferred to the next meeting based on a request from Mickey Marrero who is the attorney for the applicant. This is the Morel - Vacation of ROW request for abandoning a portion of SW 82nd St. We would also request item 13 be deferred to the next meeting to perfect some remaining language. I have directed the Chief to instill in our officers that we should provide as much training as possible to avoid treating persons with unusual circumstances in the proper manner. I have also directed him to emphasize that deadly force is a tool of last resort. Therefore, as one tangible example of this he has implemented a Police Orientation program which includes a PowerPoint that contains the following small excerpt: The South Miami Police Department places significantly greater value on the preservation of life than on the protection of property. It is the policy of the South Miami Police Department that its officers shall use only the minimal force that is necessary to affect an arrest, apprehension, or physically control an unruly person. Deadly force will be used as a last resort only to protect life and to prevent death or great bodily harm to members of the community and to police officers. The Annual Safe Street Halloween event was held on Monday, October 31, 2016 from 4:00 PM - 7:00 PM along Sunset Drive to Red Road. There was no shortage of things to do including games, OJ entertainment, vendor booths, picture booths and a ton of free candy. An estimated

14 TI IF CITY or PI.EASA.'\T living CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER MEMORANDUM 2000 people participated in this free family-friendly event and most were festively dressed to have Spooky fun time.