11 City of South Miami
2 Regular City Commission Minutes
3 January 14, 2010
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Thursday, January 14, 2010, beginning at
9 7:24 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and,
14 Commissioners Velma Palmer, Valerie Newman and Lew Sellars.
15
16 Also in attendance were: City Attorney Laurence Feingold and
17 Assistant City Attorney Mark A. Goldstein, City Clerk Maria M.
18 Menendez and Acting City Manager Roger Carlton.
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20 B. Invocation: The invocation was delivered by Mayor Feliu.
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22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
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25 D. Presentations(s)
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27 Green Corridors - Mayor Paul Vrooman, Town of Cutler Bay
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29 Mayor Vrooman addressed the Commission about a solar
30 program. He was accompanied by Mayor Flinn from the Village of
31 Palmetto Bay and Vice Mayor. Joe Corradino from the Village of
32 Pinecrest. Mayor Vrooman referred to the successful solar
33 programs in California, particularly the City of Berkley that has
34 developed a solar initiative that has spread into other cities.
35 He explained that they have developed a way to get around one of
36 the barriers which is the actual cost of installing a solar ray
37 on a typical home. He then spoke about a voluntary special taxing
38 district that Berkley has laid down over the entire city. Mayor
39 Vrooman continued expanding on this concept developed in
40 California.
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42 Mayor Feliu asked the visiting Mayors to attend one of the
43 League's monthly meetings so that they could spread the word.
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CITY COMMISSION MINUTES 1
January 14, 2010
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Elf's Parade - Mr. David Anderson
Mr. Anderson's daughter Kendall addressed the Commission
about how much she enjoyed the Elf's Parade and how she is
looking forward to future parades.
Recognizing the 1251b for winning the Miami Extreme Youth
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Football League Invitational Championship
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This group was recognized by the City Commission
for their
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efforts and endurance.
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Recognizing Interval International for the
generous
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contribution to the Toy Drive
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A group representing Interval International
was recognized
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by the City Commission for their generous contribution.
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ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
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1. Approval of Minutes
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Minutes of November 17, 2009
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Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the
26
motion to approve the minutes of November 17, 2009
passed by a 5-
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0 vote:
28
.
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Commissioner Palmer:
Yea
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Vice Mayor Beasley:
Yea
31
Commissioner Newman:
Yea
32
Commissioner Sellars:
Yea
33
Mayor Feliu:
Yea
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35
Minutes of November 24, 2009
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Moved by Commissioner Sellars, seconded by
Mayor Feliu, the
38
motion to approve the minutes of November 24,
2009 as amended
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passed by a 5 -0 vote:
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Commissioner Palmer:
Yea
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Vice Mayor Beasley:
Yea
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Commissioner Newman:
Yea
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Commissioner Sellars:
Yea
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Mayor Feliu:
Yea
46
47
( *)Minutes of December 8, 2009
CITY COMMISSION MINUTES 2
January 14, 2010
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2 Moved by Commissioner Sellars, seconded by Mayor Feliu, the
3 motion to approve the minutes of December 8, 2009 passed by a 5 -0
4 vote:
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6 Commissioner Palmer: Yea
7 Vice Mayor Beasley: Yea
8 Commissioner Newman: Yea
9 Commissioner Sellars: Yea
10 Mayor Feliu: Yea
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12 ( *) The minutes of December 8, 2009 were amended at this
13 meeting, but upon a review, it was found that the motion on page
14 19 (item no. 18) was correct. The Commission unanimously voted
15 against the ordinance relating to the proposed historic
16 designation of property located at 7121 SW 63rd Avenue).
17
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19 2. City Manager's Report (25 minutes)
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21 a) On -line registration for Parks & Recreation programming;
22 b) Incomplete Road Work on SW 74th St. / 61''t Ave. - Mr.
23 Carlton said that he has visited the site which was indeed
24 in bad condition as Commissioner Newman had reported. He
25 explained that the pharmacy is tearing down all of the
26 concrete that was in the wrong place and as soon as that
27 is done, the County can comeback and fix the road. He
28 added that the parking there is very busy with all the
29 businesses around, and that as soon as the road is fixed
30 he will comeback and re- evaluate the parking condition to
31 see if some of the parking configuration may be changed to
32 allow for more space;
33 c) Vendors over $5,000 November Report;
34 d) Verbal report on Meeting with US Census representatives.
35 Mr. Carlton said that even though they have made the
36 Community Center available for this purpose, very little
37 people have come to apply so far; therefore, additional
38 effort will be made to disseminate the information through
39 area churches. He added that the Citizens' Committee is
40 almost ready. This Committee is supposed to encourage
41 people to be open and honest when they are visited by the
42 Census people and tell them how many people live in the
43 household because this is important for the City in terms
44 of obtaining grants in the future.
45 e) Cable Franchise Public Hearing tentative date Wednesday,
46 Feb. 24, 2010 from 7:00 to 9:00 p.m. Mr. Carlton said that
47 this will be carried out to be in compliance with the
48 agreement. He also referred to conducting an audit at our
CITY COMMISSION MINUTES 3
January 14, 2010
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expense. If that audit shows that the revenues to
the City
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are not what they have supposed to be, they will have to
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pay for the audit. If the revenues are right, then
we will
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have to pay for the audit. He said that he
will be
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reporting back to the Commission as to the cost
of the
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audit.
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Commissioner Newman at this time requested
from the
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Manager to report on the status of the
U -verse
9
availability. Mr. Carlton said that he will be
reporting
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on this in the near future;
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f) A report regarding a request from South Miami
Hospital,
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located at 7400 SW 62nd Ave. to modify the adopted
2002 SMH
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PUD Narrative and Concept Plan;
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g) South Miami "Super Clean Up and Green Up Day ",
Saturday,
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January 23, 2010.
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3. City Attorney's Report (15. minutes)
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(NONE)
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22 PUBLIC REMARKS
23 (5 minutes)
24
25 David Tucker Sr. addressed the Commission about the
26 importance of history and the exercise of civic duty.
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28 Matthew Ridgely spoke in support of item no. 23 on the
29 agenda, asking the Commission to take the item out of order and
30 hear it first. He said that the traffic has been increasing in
31 the area with motorists cutting through and has become really
32 dangerous.
33
34 Javier Banos referred to a house that is being used for
35 business which is causing increase in traffic and becoming a
36 nuisance for the neighbors. He did not mention the address
37 because he said that it is supposed to be under investigation. He
38 then spoke in support of traffic calming and also the domestic
39 partnership ordinance.
40
41 Levy Kelly referred to the Census and requested to make an
42 effort to get the word out. He referred to the MLK Parade to be
43 held February 13. He then spoke about the `cleanup' day
44 cautioning about the fact that there are homeless individuals
45 along the Metrorail. About the last item on the agenda limiting
46 the code to two stories, he said that there is no need for the
47 proposed amendment.
48
CITY COMMISSION MINUTES 4
January 74, 2010
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Joshua Liebman referred to the Footworks 5K run which
received a permit fee of almost $525,000. He said that this type
of fee will make it impossible for Footworks to conduct its
yearly event in South Miami.
Mr. Carlton explained that the reason for this fee being so
high is that it is based on the square feet. He said that this
formula is wrong and it has to be fixed.
Janet Launcelott thanked the Commission for promising to
negotiate the fee for the 5K run.
Bob Welsh spoke about Oca Aquatics which he explained that
it is a swimming pool where people take swimming lessons and that
it is inside a warehouse. The pool is a 25,000 gallon pool and it
is warm because it is indoors. He said that the overall yearly
cost to run the pool is $100,000. He then referred to the
proposed pool for the City saying that a small pool can generate
revenue and that it will also be more beneficial for the area
kids because they will be able to enjoy it without having to
share it with outside groups.
Sharon McCain referred to 74th Street which has been
interrupted with construction for a long time and for that reason
people now are getting 76th Street to get to 62nd Avenue. She then
referred to the proposed modification for South Miami Hospital,
particularly about the reduction of parking spaces. She also
expressed concern about the increasing problem with graffiti in
the City.
With no further speakers the public remarks section was
closed.
At this time the Commission discussed the situation in Haiti
as the result of the recent earthquake hitting the country, and
ways of helping them.
Mr. Carlton said that he will be coordinating the relief
effort with Carol Bynum and that he will be back to the
Commission with recommendation on the amount of donation on the
part of the City.
At this time items no. 12, 15, 17, 18, 22 and 23 were pulled
from the Consent Agenda. Item no. 23 was placed at the beginning
of the agenda.
CITY COMMISSION MINUTES 5
January 14, 2010
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1 COMMISSION REPORTS, DISCUSSION
2 AND REMARKS
3 (25 minutes)
4
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6 RESOLUTION (S)
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9 01 -10 -13035
10 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
11 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
12 MANAGER TO ISSUE A PURCHASE ORDER TO KIMLEY -HORN &
13 ASSOCIATES, INC. FOR PROVIDING TRANSPORTATION PLANNING
14 AND TRAFFIC ENGINEERING SERVICES IN AN AMOUNT OF
15 $17,200.00 TO BE CHARGED TO PROFESSIONAL SERVICES
16 ACCOUNT NUMBER 001- 1790 -519 -3100; PROVIDING FOR AN
17 EFFECTIVE DATE. 3/5
18 (Acting City Manager)
19
20 Moved by Mayor Feliu, seconded by Vice Mayor Beasley, and
21 with no comments, the motion to approve this item passed by a 5 -0
22 vote:
23
24 Commissioner Palmer: Yea
25 Vice Mayor Beasley: Yea
26 Commissioner Newman: Yea
27 Commissioner Sellars: Yea
28 Mayor Feliu: Yea
29
30
31 (BEGINNING OF CONSENT)
eL
33 02 -10 -13036
34 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
35 CITY OF SOUTH MIAMI, FLORIDA CONCERNING RETROACTIVE
36 APPROVAL OF AN APPLICATION PURSUANT TO LAND DEVELOPMENT
37 CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A
38 BANNER ON SUNSET DRIVE TO PROMOTE THE 59TH ANNUAL BEAUX
39 ARTS FESTIVAL SPONSORED BY THE LOWE ART MUSEUM A
40 FUNDRAISING EVENT TO BE HELD ON THE CAMPUS OF THE
41 UNIVERSITY OF MIAMI JANUARY 9 -10, 2010: AND PROVIDING
42 FOR AN EFFECTIVE DATE. 3/5
43 (Acting City Manager)
CITY COMMISSION MINUTES 6
January 14, 2010
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03 -10 -13037
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6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION
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PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO
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PERMIT THE INSTALLATION OF A BANNER AT 5880 SUNSET
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DRIVE TO PROMOTE THE 4th ANNUAL INTERNATIONAL CHOCOLATE
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FESTIVAL A FUNDRAISING EVENT SPONSORED BY FAIRCHILD
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TROPICAL BOTANIC GARDEN TO BE HELD AT THE GARDEN ON
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JANUARY 16 -17, 2010: AND PROVIDING FOR AN EFFECTIVE
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DATE. 3/5
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(Acting City Manager)
12
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04 -10 -13038
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7.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
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SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
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PURCHASE TWO BLEACHER AWNINGS FROM MEGA AWNING FOR THE
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MURRAY PARK FIELDS FOR AN AMOUNT NOT TO EXCEED
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$6,400.00; TO BE CHARGED TO RECREATION OPERATING
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EXPENSE ACCOUNT NUMBER 001- 2020- 519 -6430; PROVIDING FOR
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AN EFFECTIVE DATE. 3/5
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(Acting City Manager)
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05 -10 -13039
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8.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
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MANAGER TO ENTER INTO MUTUAL AID AGREEMENT WITH MIAMI -
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DADE POLICE DEPARTMENT FOR GENERAL AND SPECIFIC LAW
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ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH MIAMI
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POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3),
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FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. 3/5
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(Acting City Manager)
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06 -10 -13040
34
9.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
35
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
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MANAGER TO ENTER INTO MUTUAL AID AGREEMENT WITH THE
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MIAMI SHORES POLICE DEPARTMENT FOR GENERAL AND SPECIFIC
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LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH
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MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225
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(3), FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. 3/5
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(Acting City Manager)
42
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07 -10 -13041
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10.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
45
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
46
COMMITTEES; APPOINTING EDWARD DE LA TORRE TO SERVE ON
CITY COMMISSION MINUTES 7
January 14, 2010
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THE PARK AND RECREATION BOARD AS AN AD
SIX -MONTH TERM ENDING JULY 13, 2010;
EFFECTIVE DATE.
(Mayor Feliu)
PmN
HOC MEMBER FOR A
AND PROVIDING AN
3/5
08 -10 -13042
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING STEVEN ARSENAULT TO SERVE ON THE
PARK AND RECREATION BOARD AS AN AD HOC MEMBER FOR A
SIX -MONTH TERM ENDING JULY 13, 2010; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Feliu)
09 -10 -13043
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING DICK WARD TO SERVE ON THE
PARK AND RECREATION BOARD FOR A TWO -YEAR TERM ENDING
JANUARY 13, 2012; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
10 -10 -13044
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING TONI ALAM TO SERVE ON THE AUDIT
COMMITTEE FOR A ONE -YEAR TERM ENDING JANUARY 13, 2011;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
11 -10 -13045
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING THOMAS VAGELINE, AN ACTIVE
EMPLOYEE OF THE CITY DESIGNATED BY THE CITY MANAGER TO
SERVE ON THE PENSION BOARD FOR A TWO -YEAR TERM ENDING
JANUARY 13, 2012; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Acting City Manager)
12 -10 -13046
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS;
PROVIDING FOR DELEGATION OF RESPONSIBILITY OF THE
CANVASSING COMMITTEE FOR THE FEBRUARY 9, 2010 GENERAL
AND SPECIAL ELECTIONS; RESCINDING RESOLUTION NO. 220-
CITY COMMISSION MINUTES
January 14, 201.0
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09 -13029 DATED DECEMBER 8,
EFFECTIVE DATE.
PT
2009; AND PROVIDING AN
3/5
(Mayor Feliu)
13 -10 -13047
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING
CITY MANAGER TO EXECUTE FISCAL YEAR 2010 GRANT
AGREEMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT (DHCD) FOR MURRAY
PARK POOL CONSTRUCTION IN THE AMOUNT OF $200,000.00;
AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Acting City Manager)
14 -10 -13048
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING
CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI -
DADE COUNTY'S OFFICE OF GRANTS COORDINATION FOR AFTER
SCHOOL HOUSE TUTORING AND SENIOR MEALS PROGRAMMING IN
THE AMOUNT OF $45,175.00; AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(Acting City Manager)
15 -10 -13049
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE
COUNTY BY AND THROUGH ITS DEPARTMENT OF CULTURAL
AFFAIRS IN AN AMOUNT OF $1,500.00 FOR SOUTH MIAMI MLK,
JR. PARADE PROGRAMMING; AND PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(Acting City Manager)
16 -10 -13050
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SPECIAL
MASTER SERVICES; APPOINTING BRUCE A. BLITMAN, ESQUIRE,
AS SPECIAL MASTER FOR THE CITY OF SOUTH MIAMI AT A RATE
OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED TO
ACCOUNT #001- 1640- 524 -3111 ENTITLED "CODE ENFORCEMENT
PROFESSIONAL SERVICES SPECIAL MASTERS ACCOUNT "; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(Acting City Manager)
CITY COMMISSION MINUTES
January 14, 2010
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Moved by Mayor Feliu, seconded by Commissioner
motion to approve the Consent Agenda passed by a 5 -0
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
(END OF CONSENT)
RESOLUTION (S)
(CONT'D)
PmN
Palmer, the
vote:
17 -10 -13051
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING ALEC ROSEN TO SERVE ON THE AUDIT
COMMITTEE FOR A ONE -YEAR TERM ENDING JANUARY 13, 2011;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
After some discussion, Mr. Carlton explained that the law
pertaining to resignation of candidates serving on a board does
not apply to those members of a board that are not compensated.
With some further comments, the motion to approve this item
passed by a 5 -0 vote:
CITY COMMISSION MINUTES
January 14, 2010
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
IN
llaTt!
1 18 -10 -13052
2 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
4 COMMISSION MEETINGS; RETROACTIVELY RESCHEDULING THE
5 CITY COMMISSION MEETING OF TUESDAY, JANUARY 5, 2010 TO
6 THURSDAY, JANUARY 14, 2010; ALSO RESCHEDULING THE CITY
7 COMMISSION MEETING OF TUESDAY, JANUARY 19, 2010 TO
8 TUESDAY, JANUARY 26, 2010; PROVIDING AN EFFECTIVE DATE.
9 (Mayor Feliu) 3/5
10
11 Moved by Mayor Feliu, seconded by Commissioner Palmer to
12 approve this item.
13
14 Commissioner Newman said that this violates the City
15 ordinance providing when our meetings are to be held. She said
16 that she does not approve after the fact things that are contrary
17 to our ordinances.
18
19 With some further comments, the motion to approve the
20 portion of retroactively rescheduling the meeting of January 5th
21 to January 14th, 2010 passed by a 3 -2 vote:
22
23 Commissioner Palmer: Yea
24 Vice Mayor Beasley: Nay
25 Commissioner Newman: Nay
26 Commissioner Sellars: Yea
27 Mayor Feliu: Yea
28
29 Moved by Mayor Feliu, seconded by Commissioner Palmer, the
30 motion to approve the portion of rescheduling the meeting of
31 January 19th to January 26th, 2010 passed by a 5 -0 vote:
32
33 Commissioner Palmer: Yea
34 Vice Mayor Beasley: Yea
35 Commissioner Newman: Yea
36 Commissioner Sellars: Yea
37 Mayor Feliu: Yea
38
39
40 22, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, FLORIDA, URGING THE FLORIDA
42 CONGRESSIONAL DELEGATION TO SUPPORT THE RAILS -TO- TRAILS
43 CONSERVANCY'S FEDERAL TRANSPORTATION BILL KNOWN AS THE
44 ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT
45 PROGRAM; PROVIDING AN EFFECTIVE DATE. 3/5
46 (Acting City Manager)
47
CITY COMMISSION MINUTES 1 1
January 14, 2010
llaTt!
1 Moved by Commissioner Newman, seconded by Mayor Feliu to
2 approve this item.
3
4 Commissioner Newman said that even though she is in favor of
5 rails to trails, she is concerned with the fact that sometimes
6 there are other items hidden in these bills, such as a diesel
7 train, a busway or any other type of motorized vehicle using
8 these trails. She then requested deferring this item until the
9 contents of the federal bill may be clarified.
10
11 Moved by Commissioner Newman, seconded by Mayor Feliu, the
12 motion to defer this item passed by a 5 -0 vote:
13
14 Commissioner Palmer: Yea
15 Vice Mayor Beasley: Yea
16 Commissioner Newman: Yea
17 Commissioner Sellars: Yea
18 Mayor Feliu: Yea
19
20
21 19 -10 -13053
22 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
23 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING
24 CITY MANAGER TO EXECUTE FISCAL YEAR 2008 GRANT
25 AGREEMENT AMENDMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT
26 OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) FOR MURRAY
27 PARK SWIMMING POOL DESIGN IN THE AMOUNT OF $276,000.00
28 WITH AN EXTENDED EXPIRATION DATE OF JUNE 30, 2010; AND
29 PROVIDING FOR AN EFFECTIVE DATE. 3/5
30 (Acting City Manager)
31
32 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
33 approve this item.
34
35 Commissioner Newman said that she is not completely
36 comfortable with this resolution and that she wants to know what
37 happened with the other $200,000 that were requested in 2008 for
38 this purpose.
39
40 Mr. Carlton explained that we have gotten numerous grants
41 for this from the Community Block Program; we have also gotten
42 some discretionary grant money from Commissioner Gimenez. All of
43 that exceeds $1.1 million, and there might be another grant in
44 the amount of approximately $140,000 coming, and with no matching
45 requirement. He said that upon the research he conducted, the
46 actual cost is $193,000 instead of $276,000 for the design. He
47 said that this is good news if the County allows the City to
48 transfer the remaining amount to apply to the construction. He
CITY COMMISSION MINUTES 12
January 14, 2010
t-
1 said that he will continue to research the history of the pool
2 and try to report the conclusion by either the next meeting or
3 the first in February, and to do a full scale of what this
4 project is going to cost.
5
6 With some further comments, the motion to approve this item
7 passed by a 5 -0 vote:
8
9 Commissioner Palmer: Yea
10 Vice Mayor Beasley: Yea
11 Commissioner Newman: Yea
12 Commissioner Sellars: Yea
13 Mayor Feliu: Yea
14
15
16 20 -10 -13054
17 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
18 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING
19 CITY MANAGER TO EXECUTE FISCAL YEAR 2010 GRANT
20 AGREEMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT OF
21 HOUSING AND COMMUNITY DEVELOPMENT (DHCD) FOR SOUTH
22 MIAMI COMMUNITY DEVELOPMENT AREA STREET LIGHTING IN THE
23 AMOUNT OF $120,000.00; AND PROVIDING FOR AN EFFECTIVE
24 DATE. 3/5
25 (Acting City Manager)
26
27 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
28 approve this item.
29
30 Vice Mayor Beasley pulled this from the Consent for
31 clarification. He said that there are places in the area in more
32 need of lighting than where this is projected.
33
34 Mr. Carlton explained that these are very efficient lamps;
35 in addition, he said that he is very much aware that there are
36 other places in need of lighting and that the reality is that
37 they have to come up with a citywide plan for lighting.
38
39 With some further comments, the motion to approve this item
40 passed by a 4 -1 vote:
41
42 Commissioner Palmer: Yea
43 Vice Mayor Beasley: Yea
44 Commissioner Newman: Nay
45 Commissioner Sellars: Yea
46 Mayor Feliu: Yea
M
CITY COMMISSION MINUTES 13
January 14, 2010
jlaTt!
1
2 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING
4 THE CITY MANAGER TO EXECUTE A THREE YEAR CONTRACT
5 BETWEEN THE AMERICAN FEDERATION OF STATE, COUNTY AND
6 MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294 (HEREINAFTER
7 REFERRED TO AS AFSCME) AND THE CITY OF SOUTH MIAMI;
8 PROVIDING FOR AN EFFECTIVE DATE. 3/5
9 (Acting City Manager)
10
11 Moved by Mayor Feliu, seconded by Commissioner Palmer to
12 approve this item.
13
14 Mr. Carlton explained that they need to go back to the table
15 for further negotiation.
16
17 With no further comments, the motion to table this item
18 passed by a 5 -0 vote:
19
20 Commissioner Palmer: Yea
21 Vice Mayor Beasley: Yea
22 Commissioner Newman: Yea
23 Commissioner Sellars: Yea
24 Mayor Feliu: Yea
25
26
27 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
28 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING
29 THE CITY MANAGER TO EXECUTE A THREE YEAR AGREEMENT
30 BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT
31 ASSOCIATION COLLECTIVE BARGAINING UNION (POLICE
32 OFFICERS AND SERGEANTS) AND THE CITY OF SOUTH MIAMI;
33 PROVIDING FOR AN EFFECTIVE DATE. 3/5
34 (Acting City Manager)
35
36 Moved by Mayor Feliu, seconded by Commissioner Palmer to
37 approve this item.
38
39 Mr. Carlton again explained that they need to go back to the
40 table for further negotiation.
41
42 With no further comments, the motion to table this item
43 passed by a 5 -0 vote:
44 Commissioner Palmer: Yea
45 Vice Mayor Beasley: Yea
46 Commissioner Newman: Yea
CITY COMMISSION MINUTES 14
January 14, 2010
1 Commissioner Sellars: Yea
2 Mayor Feliu: Yea
3
4 21 -10 -13055
5 27. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING
7 THE CITY MANAGER TO EXECUTE A THREE YEAR AGREEMENT
8 BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT
9 ASSOCIATION COLLECTIVE BARGAINING UNION (POLICE
10 LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI;
11 PROVIDING FOR AN EFFECTIVE DATE. 3/5
12 (Acting City Manager)
13
14 Moved by Mayor Feliu, seconded by Commissioner Palmer to
15 approve this item.
16
17 Mr. Carlton explained that the negotiation on this resulted
18 in the bargaining team from both sides reaching closure. The
19 ratification election occurred yesterday and it was unanimously
20 approved by the members.
21
22 Mr. Crossland clarified for the record that the proposal is
23 not for the reduction of two percent as the memorandum read, but
24 a reduction of two points of the employee contribution rate from
25 13.1% to 11.1%.
26
27 Commissioner Palmer said that she did not have the time
28 necessary to go over this important item, and that all of these
29 items should be deferred to the next meeting because this means
30 making decisions on people's pension. She said that the document
31 is incomplete and that she did not understand why the City has to
32 be tied up with a three -year contract. She then proposed
33 deferring this item.
34
35 Moved by Commissioner Palmer, seconded by Mayor Feliu, the
36 motion to defer this item failed by a 2 -3 vote:
37
38 Commissioner Palmer: Yea
39 Vice Mayor Beasley: Nay
40 Commissioner Newman: Nay
41 Commissioner Sellars: Nay
42 Mayor Feliu: Yea
43
44 With some further comments, the motion to approve this item
45 passed by a 4 -1 vote:
46
47 Commissioner Palmer: Nay
CITY COMMISSION MINUTES 15
January 14, 2010
m1a f t!
1 Vice Mayor Beasley: Yea
2 Commissioner Newman: Yea
3 Commissioner Sellars: Yea
4 Mayor Feliu: Yea
5
6
7 22 -10 -13056
8 28. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
9 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
10 MANAGER TO !MPLE3 s ITT A TWO PERGENT �2 %) DECREASE IN
11 REDUCE THE PENSION CONTRIBUTION AMOUNT FROM 11.6% TO
12 9.6% FOR FY 09/10 FOR ALL FULL TIME NON COLLECTIVE
13 BARGAINING EMPLOYEES THAT PARTICIPATE IN THE GENERAL
14 EMPLOYEES PENSION PLAN RETROACTIVE TO OCTOBER 1, 2009;
15 AND PROVIDING AN EFFECTIVE DATE. 3/5
16 (Acting City Manager)
17
18 Moved by Commissioner Sellars, seconded by Vice Mayor
19 Beasley to approve this item.
20
21 Mr. Carlton explained that this provides equity to the non -
22 bargaining unit employees by paying two points less to their
23 contribution. He said that half of the payroll goes to non -
24 bargaining unit employees; the County's ratio is that almost 900
25 of payroll is unionized. The way that we have been able to keep
26 our employees motivated is by treating them fairly, Mr. Carlton
27 added.
28
29 Mr. Carlton said for the record that at the next meeting
30 there will be public hearings on the previous bargaining
31 contracts in order to comply with the Charter. In addition, this
32 resolution will be followed by an ordinance amending the pension
33 ordinance.
34
35 Moved by Commissioner Sellars to amend the resolution to
36 read that there will be a reduction of two points instead of 2%
37 to the contribution. Seconded by Mayor Feliu, the motion passed
38 by a 4 -1 vote:
39
40 Commissioner Palmer: Nay
41 Vice Mayor Beasley: Yea
42 Commissioner Newman: Yea
43 Commissioner Sellars: Yea
44 Mayor Feliu: Yea
45
46 With no further comments, the motion to approve this item as
47 amended passed by a 4 -1 vote:
CITY COMMISSION MINUTES 16
January 14, 2010
ElTaTti
2 Commissioner Palmer: Nay
3 Vice Mayor Beasley: Yea
4 Commissioner Newman: Yea
5 Commissioner Sellars: Yea
6 Mayor Feliu: Yea
7
8 Moved by Commissioner Newman, seconded by Vice Mayor
9 Beasley, the motion to move item no. 35 out of order passed by a
10 5 -0 vote:
11
12 Commissioner Palmer: Yea
13 Vice Mayor Beasley: Yea
14 Commissioner Newman: Yea
15 Commissioner Sellars: Yea
16 Mayor Feliu: Yea
17
18
19 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
20
21 01 -10 -2026
22 29. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
23 CITY OF SOUTH MIAMI, FLORIDA, CREATING NEW CHAPTER 19
24 OF THE CODE OF ORDINANCES; PROVIDING FOR THE
25 REGISTRATION OF DOMESTIC PARTNERSHIPS; ESTABLISHING
26 DOMESTIC PARTNER RIGHTS OF VISITATION; PROVIDING HEALTH
27 INSURANCE ELIGIBILITY AND OTHER BENEFITS TO THE
28 DOMESTIC PARTNERS OF CITY EMPLOYEES; PROVIDING FOR
29 SEVERABILITY, ORDINANCES IN CONFLICT; AND AN EFFECTIVE
30 DATE. 3/5
31 (Commissioner Newman and Mayor Feliu)
32
33 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
34 approve this item.
35
36 Mayor Feliu said that this is the fair thing to do and that
37 he will support it wholeheartedly.
38
39 At this time the public hearing was opened.
40
41 Elizabeth Regalado addressed the Commission on behalf of
42 Save Dade thanking the Commission for their support.
43
44 Frank Cuzzocrea also spoke in support of this ordinance.
45
46 With no further speakers the public hearing was closed.
CITY COMMISSION MINUTES 17
January 14, 2010
Tla fft!
1
2 With no further comments, the motion to approve this item
3 passed by a 4 -1 vote:
4
5 Commissioner Palmer: Nay
6 Vice Mayor Beasley: Yea
7 Commissioner Newman: Yea
8 Commissioner Sellars: Yea
9 Mayor Feliu: Yea
10
11 At this time the Mayor announced a five - minute break.
12
13
14 Moved by Vice Mayor Beasley, seconded by Commissioner
15 Newman, the motion to take item no. 32 out of order passed by a
16 5 -0 vote:
17
18 Commissioner Palmer: Yea
19 Vice Mayor Beasley: Yea
20 Commissioner Newman: Yea
21 Commissioner Sellars: Yea
22 Mayor Feliu: Yea
23
24
25 30. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
26 THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A REVISED
27 EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
28 AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE
29 AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES
30 FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE
31 LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE;
32 CONSERVATION; RECREATION AND OPEN SPACE;
33 INTERGOVERNMENTAL COORDINATION; AND CAPITAL
34 IMPROVEMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
35 CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5
36 (Vice Mayor Beasley)
37
38 Moved by Vice Mayor Beasley, seconded by Commissioner Newman
39 to approve this item.
40
41 Mr. Youkilis presented this item with an overview of the EAR
42 process. He then said.that the Administration strongly encourages
43 the Commission to approve the EAR document as presented so that
44 we may get the EAR behind us and begin making map changes and
45 other technical changes that are required by State law. At this
46 time we are unable to amend our Comprehensive Plan and we are not
47 in compliance; in addition, he explained that the 2010 -12 EAR
CITY COMMISSION MINUTES 18
January 14, 2010
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1 process is supposed to begin this year but that will not be
2 possible until the present one is finally adopted.
3
4 At this time the public hearing was opened.
5
6 Levy Kelly addressed the Commission saying that this
7 document was approved in 2006 and now is being changed against
8 the will of the people. He said that the people have spoken loud
9 and clear and that there was no need to remove the Madison Square
10 project from the EAR.
11
12 Dr. Zakharia addressed the Commission in opposition of this
13 ordinance on behalf of the owners of 62nd Avenue. He said that
14 this ordinance should require a five -fifth vote because the
15 document as presented makes it more liberal. He said that the
16 document is not clear and that the public have not had a chance
17 to review it because it has not been distributed to them. He said
18 that the reliance of the owners of 62nd Avenue was based on the
19 1997 comprehensive land use plan; the zoning has to follow the
20 comprehensive land use plan and this has not been done since
21 1997; we have paid taxes close to a million dollars for the past
22 15 years in reliance of the comprehensive land use plan. He said
23 that the passage of this ordinance will result in the City being
24 engaged in compensation to the owners in millions of dollars
25 should the owners win in court.
26
27 Sharon McCain addressed the Commission against increase in
28 density and regarding the existing traffic congestions in the
29 City. She said that the residents do not want the City to be
30 taken by developers and have further increase in density.
31
32 Don O'Donniley addressed the Commission representing Dr.
33 Zakharia. He distributed copy of summary of objections to the
34 Commission, saying that he is raising those objections again.
35
36 At this time Mr. Goldstein advised Mr. O'Donniley that the
37 summary of objections he distributed among the Commission will be
38 entered into the record as an Exhibit.
39
40 Mr. O'Donniley, among other things, also commented on a
41 motion from the minutes of January 5, 2006 relating to the
42 creation of a new zoning district.
43
44 At this time a motion was made to extend the meeting
45
46 Moved by Vice Mayor Beasley, seconded by Mayor Feliu, the
47 motion to extend the meeting beyond 11:00 p.m. passed by a 5 -0
48 vote:
CITY COMMIISSION MINUTES 19
January 14, 2010
1
2 Commissioner Palmer: Yea
3 Vice Mayor Beasley: Yea
4 Commissioner Newman: Yea
5 Commissioner Sellars: Yea
6 Mayor Feliu: Yea
7
8 Mr. O'Donniley concluded his presentation by saying that the
9 City should be implementing a plan that was heard in public,
10 approved by the majority of the Commission and that has been in
11 place for 9 years. He then requested not to send this EAR forward
12 with these amendments, referring to the only two objections by
13 DCA.
14
15 With no further speakers the public hearing was closed.
16
17 Mayor Feliu referred to the Burt Harris Act, then asking Mr.
18 Feingold for clarification about issues with down zoning Dr.
19 Zakharia's property.
20
21 Mr. Feingold said that each of the property owners would
22 have to be considered on a case -by -case basis. The Burt Harris
23 Act exists and it speaks for itself.
24
25 Commissioner Newman asked whether there is a difference
26 between a zoning change and the change on a Future Land Use Map.
27
28 Mr. Youkilis said that the Future Land Use Map is above
29 zoning.
30
31 At this juncture Mr. Goldstein cautioned regarding further
32 comments because of pending litigation.
33
34 Mayor Feliu said that he read the report of the CRA
35 consultant and that the analysis indicates a density that is more
36 in tune with reality which would include affordable housing.
37 Removing Madison Square is to disfranchise the folks that came in
38 time and time again to discuss what they want to see in their
39 neighborhood. He said that he believes that the property owners
40 were willing to sit down and compromise by having three floors in
41 the front and two in the back where it abuts the residential
42 area. He said that he will not support this ordinance on second
43 reading because he wants to do some homework and get the facts.
44
45 Vice Mayor Beasley said that as far as the Madison Square
46 project, the study that was done said that it should be 26.5, it
47 does not say 60 units per acre; the land use is still four
48 stories. He asked as to why we are holding our City hostage, with
49 the potential for sanctions and suits.
CITY COMMISSION MINUTES 2 0
January 14, 2010
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Commissioner Palmer said that she does not see what they are
trying to achieve by removing Madison Square; she said that her
position remains the same; she said that she always thought that
60 units were too much and urged the Commission to compromise and
get it midway. She said that she is willing to work with any
member of this Commission regarding the density and to put
Madison Square back in the document. She said that they have to
think about the people and think about the land owner and that
the right to do is to compromise on both projects and get it over
with. She said that she will not approve a document that excludes
Madison Square.
Commissioner Newman said that she has been involved in this
for ten years, and for ten years the people have spoken; the
residents of this community have made their wishes loud and clear
and that she would not sell out this community for a campaign
contribution and that her vote stays where it is.
Commissioner Sellars said that he needed some clarification
and asked as to whether they violated Florida law by the action
that they took in October. About 62nd Avenue, he asked as to
whether what they did by making it two -story mix -use commercial
development, if they created spot zoning. Staff answered no on
both questions by Commissioner Sellars.
Vice Mayor Beasley asked Mr. Feingold as to how many cases
were won on the Burt Harris Act. Mr. Feingold said that there has
been no actual money judgment against a city in the State of
Florida in 14 years. Vice Mayor Beasley said that he really wants
to build Madison Square and that he is tired of having that
project used as a tool for whatever agenda that other people may
have. In order to build Madison Square we must change the zoning
which is now two stories, and it needs to be changed to 3 -4
stories; and in order to change the zoning we need to pass the
EAR. In other words, he said, in order to build Madison Square we
need to change the zoning.
With some further comments, the motion to approve this item
failed by a 3 -2 vote:
CITY COMMISSION MINUTES
January 14, 2010
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Nay
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RESOLUTION (S) PUBLIC HEARING (S)
23 -10 -13057
31. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND
DEVELOPMENT CODE TO PERMIT A NEW SINGLE FAMILY HOME TO
BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.99 FEET WHERE
A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY
WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL ZONING USE
DISTRICT, LOCATED AT 7630 SW 63 COURT, SOUTH MIAMI,
FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
(Acting City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Ms. Cabrera presented this item, explaining that this is an
irregular shaped corner lot; the applicant wishes to construct a
single family house with a frontage on 63rd Court which is 32.99.
feet in length, where the minimum lot frontage in this zoning
district is 75 feet by code. The applicant's intent is to build a
one story home with the front of the home facing SW 63r1 Court
which is a residential oriented street. The Planning Board at its
November 24, 2009 meeting unanimously approved a motion
recommending that the request be approved. Staff also recommended
approval.
At this time the speakers were sworn in and the public
hearing was opened.
David Tucker Sr. spoke in opposition of this request and
about set standards and the importance to abide by them.
Janet Launcelott spoke in opposition of this request, later
clarifying that she was referring to a different piece of
property.
Al Leoncio addressed the Commission as the architect for the
applicant. He said that the plans are completely in compliance
with the code; he asked for approval because that is the only way
into the property because the other side faces the industrial
area.
John Edward Smith said that he passes by that property
almost everyday. He said that it makes absolutely no sense having
CITY COMMISSION MINUTES 22
January 14, 2010
1 the house facing the auto repair shop. He said that this will
2 enhance that corner.
3
4 Donna Shelley concurred with the previous speaker by urging
5 the Commission to approve this request.
6
7 Sharon McCain spoke in opposition of this request. She said
8 that the applicant knew what he was getting into when he
9 purchased it.
10
11 With no further speakers the public hearing was closed.
12
13 Commissioner Newman said that she drove by the property and
14 that the lot is ample enough to support the proposed house. She
15 said that she would not grant variances liberally; a variance
16 should be a hardship and she said that she believes that this is
17 a hardship and that this is responsible development.
18
19 Commissioner Sellars asked for clarification from staff for
20 confirmation of the lot size and frontage feet if the house were
21 to be facing Manor Lane.
22
23 Commissioner Palmer said that she is in favor of this
24 request because she found that there is a need and that it makes
25 sense.
26
27 Vice Mayor Beasley said that granting a variance is not
28 something that he does lightly and asked staff for their
29 expertise.
30
31 With some further comments, the motion to approve this item
32 passed by a 5 -0 vote:
33
34 Commissioner Palmer: Yea
35 Vice Mayor Beasley: Yea
36 Commissioner Newman: Yea
37 Commissioner Sellars: Yea
38 Mayor Feliu: Yea
39
40
41 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
42 (CONT'D)
43
44 02 -10 -2027
45 32. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
46 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
CITY COMMISSION MINUTES 23
January 14, 2010
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1 DEVELOPMENT CODE SECTION 20 -4.3 (B) (C) (F) (I) (4) (5)
2 ENTITLED "SIGN REGULATIONS" IN ORDER TO PROVIDE THAT
3 TEMPORARY SIGN PERMIT APPLICATIONS WILL REQUIRE REVIEW
4 AND APPROVAL BY THE ENVIRONMENTAL REVIEW -- �
5 PLANNING AND ZONING DEPARTMENT, AND
6 TO MAKE TECHNICAL REVISIONS TO UPDATE TERMINOLOGY;
7 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
8 PROVIDING AN EFFECTIVE DATE. 3/5
9 (Acting City Manager)
10
11 Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
12 to approve this item.
13
14 Mr. Vageline presented this item, explaining the type of
15 signs that will or will not be covered by this ordinance.
16 Currently, the Land Development Code does not provide for the
17 review of temporary signs, other than for size, this ordinance
18 provides for review of temporary signs under specific criteria in
19 addition to size which are lettering, colors, location and
20 compatibility. The ordinance also provides for the review of
21 temporary signs by staff of the Planning and Zoning Department;
22 the ordinance also makes minor corrections to the text regarding
23 departmental names and the name of the building code. This
24 ordinance was unanimously approved by the Planning Board at its
25 meeting of October 27, 2009.
26
27 At this time the public hearing was opened.
28
29 Janet Launcelott asked whether this ordinance also applies
30 to medians. Staff explained that this would be part of the
31 following ordinance.
32
33 With no further speakers the public hearing was closed.
34
35 With no further comments, the motion to approve this item
36 passed by a 5 -0 vote:
37
38 Commissioner Palmer: Yea
39 Vice Mayor Beasley: Yea
40 Commissioner Newman: Yea
41 Commissioner Sellars: Yea
42 Mayor Feliu: Yea
43
44
45 03 -10 -2028
46 33. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
47 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 17,
CITY COMMISSION MINUTES 24
January 14, 2010
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ARTICLE II, ENTITLED "SIDEWALKS" OF THE CITY'S CODE OF
ORDINANCES BY ADDING NEW SECTION 17 -26 ENTITLED
"SIDEWALK ADVERTISING; USING STREETS OR SIDEWALKS FOR
ADVERTISING PURPOSES ", WHICH REGULATION WILL MAKE IT
UNLAWFUL TO USE STREETS, SWALE AREAS, OR SIDEWALKS
UNLESS EXPRESSLY PERMITTED BY SECTION 20 -4.3 OF THE
LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(There will be a short video presentation)
(Acting City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Mr. Vageline presented this item, and a short video was
presented, obtained from a local television station taken while
actual street advertising was taking place.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
ORDINANCE (S) FIRST READING
34. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND
DEVELOPMENT CODE SECTION 20 -3.5 ENTITLED "DIMENSIONAL
REQUIREMENTS" IN ORDER TO LIMIT TO TWO STORIES THE
HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO SINGLE
FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
CITY COMMISSION MINUTES
January 14, 2010
25
PT
1 After being advised by the Mayor that this item was not for
2 public hearing, Mr. O'Donniley approached the podium stating that
3 this item should require a four -fifth vote.
4
5 Jerry Proctor also came up to request for the City Attorney
6 to review something that he had already submitted for comments at
7 the next hearing.
8
9 Mr. Youkilis said that this ordinance is in an effort to
10 make sure that there are properties that are allowed to be four
11 stories in height that border mostly single family residential
12 zones. He said that upon research, they found that there are only
13 seven sites that are actually impacted by this. The Planning
14 Board, at its December 22, 2009 meeting made a unanimous motion
15 recommending approval. Staff also recommended approval.
16
17 With no further comments, the motion to approve this item
18 passed by a 4 -1 vote:
19
20 Commissioner Palmer: Nay
21 Vice Mayor Beasley: Yea
22 Commissioner Newman: Yea
23 Commissioner Sellars: Yea
24 Mayor Feliu: Yea
25
26
27 UNFINISHED BUSINESS
28
29 RESOLUTION (S)
30 (CONrD)
31
32 35. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
33 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INVESTIGATION
34 OF ALLEGED VIOLATIONS OF THE CITY'S CHARTER AND THE
35 CODE OF ORDINANCES BY ANY ELECTED OFFICIAL; PROVIDING
36 FOR AN EFFECTIVE DATE. 3/5
37 (A RESOLUTION RELATING TO INVESTIGATION OF ALLEGED VIOLATIONS OF THE
38 CITY'S CHARTER AND THE CODE OF ORDINANCES BY ANY ELECTED OFFICIAL)
39 (City Attorney)
40
41 36. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
42 CITY OF SOUTH MIAMI, FLORIDA CONDEMNING THOSE WHO DENY
43 THAT THE HOLOCAUST EVER OCCURRED; PROVIDING AN
44 EFFECTIVE DATE. 3/5
4 5 (A RESOLUTION CONDEMNING THOSE WHO DENY THAT THE HOLOCAUST EVER OCCURRED)
46 (Mayor Feliu)
CITY COMMISSION MINUTES 2 6
January 14, 2010
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37. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, URGING THE LEGISLATURE TO ENACT A
$2.00 PER DAY CAR RENTAL SURCHARGE TO SAVE TRI -RAIL
FROM DEFAULT; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION URGING THE LEGISLATURE TO ENACT A $2.00 1DAY CAR RENTAL
SURCHARGE TO SAVE TRI -RAIL FROM DEFAULT)
(Vice Mayor Beasley)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
(CONTID)
38. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT
6001 SW 70w' STREET WHICH SITE PLAN WAS ADOPTED VIA
ORDINANCE NO. 24 -01 -1755 ON OCTOBER 2, 2001; THE
AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL
USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
(Mayor Feliu)
Commissioner Palmer at this time recommended for the
administration to meet with property owners on both sides in an
effort to reach a compromise to get the EAR finished.
There being no further business to come before this Body,
the meeting adjourned at 12:00 a.m.
n�ifiroat?
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
January 14, 2010
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Approved
Horace G. Feliu
Mayor