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1 City of South Miami
2 Regular City Commission Minutes
3 December 8, 2009
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, December 8, 2009, beginning at
9 7:09 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.
19
20 B. Invocation: The invocation was delivered by Mayor Feliu.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentations(s)
26
27 Relay for Life - Tommy Villani with American Cancer
28 Society_.
29
30 Mr. Villani addressed the Commission asking for their
31 support while explaining the organization's vision and event.
32
33
34 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
35
36 1. Approval of Minutes
37
38 Minutes of October 20, 2009
39
40 Moved by Commissioner Palmer, seconded by Vice Mayor
41 Beasley, the motion to approve the minutes of October 20, 2009
42 passed by a 5 -0 vote:
43
44 Commissioner Palmer: Yea
45 Vice Mayor Beasley: Yea
CITY COMMISSION MINUTES 1
December 8, 2009
mof I
1 Commissioner Newman: Yea
2 Commissioner Sellars: Yea
3 Mayor Feliu: Yea
4
5 Minutes of November 3, 2009
6
7 Moved by Commissioner Palmer, seconded by Vice Mayor
8 Beasley, the motion to approve the minutes of November 3, 2009
9 passed by a 5 -0 vote:
10
11 Commissioner Palmer: Yea
12 Vice Mayor Beasley: Yea
13 Commissioner Newman: Yea
14 Commissioner Sellars: Yea
15 Mayor Feliu: Yea
16
17
18 2. City Manager's Report (25 minutes)
19
20 a) Traffic Calming along SW 76th Street (from SW 62 Ave. to
21 SW 59th Ave);
22 b) Collective Bargaining meeting scheduled tentatively for
23 Tuesday, December 15, 2009;
24 c) Clarification of City Commission position regarding
25 Merit, Longevity, and COLA increases for fiscal year
26 2009/2010. Mr. Crossland said that the issues of merit
27 and longevity increases are mandatory subjects of
28 bargaining of the Public Relations Act law and which the
29 City must bargain with the PBA as well as with the AFSME
30 and these are issues which will be properly discussed in
31 the executive session where the Commission will be given
32 an update and where staff will get directions from the
33 Commission as well;
34 d) Discussion of annual requirement for City Manager to hold
35 a Public Performance Evaluation for Atlantic Broadband
36 (LLC) Cable Franchise Agreement. Mr. Carlton said that
37 this will be scheduled after the first of the year;
39 e) Damage to waste containers;
40 f) Report on Community Newspaper article November 17 -23,
41 2009 regarding code violations and alley pothole repairs
42 6780 SW 62 Ave;
43 g) Dison Park Infrastructure/ Development Community
44 Workshop. These will be scheduled after the first of the
45 year;
46 h) Dog Park project update. Mayor Feliu said that they need
47 to look into the possible liability issue and also we can
48 check with municipalities which have dog parks;
49
CITY COMMISSION MINUTES 2
December 8, 2009
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At this time Mr. Carlton requested the Commission to pull
item no. 22 out of order which is related to this issue and to
request the City Attorney to prepare a "pooper scooper" ordinance
to bring before the Commission later on.
Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the
motion to bring item no. 22 out of order passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
212 -09 -13021
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, DIRECTING THE PARKS & RECREATION BOARD
TO ESTABLISH —A DOG PARK DEVELOPMENT AD -HOG SUBCOMMITTEE
THAT ORGANIZE A WORKSHOP TO DISCUSS THE VARIOUS ISSUES
CONCERNING THE DEVELOPMENT OF A DOG PARK AND WIL TO
REPORT TO THE CITY COMMISSION IN 60 DAYS; AND DIRECTING
THE CITY ATTORNEY TO DEVELOP A "POOPER- SCOOPER"
ORDINANCE THAT REQUIRES PET OWNERS TO CLEAN UP AFTER
THEIR DOGS UTILIZE A DOG PARK; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(Acting City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Vice Mayor Beasley said that he does not agree on having an
ad hoc committee for this and proposed having a workshop instead
so that they can have public input.
Moved by Vice Mayor Beasley, seconded by Commissioner Newman
to amend the resolution by holding a workshop in lieu of
establishing an ad hoc committee. The motion passed by a 5 -0
vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
Moved by Mayor Feliu to amend the resolution by substituting
the ad hoc committee by the Parks and Recreation Board. Seconded
by Commissioner Palmer the motion passed by a 3 -2 vote:
CITY COMMISSION MINUTES 3
December 8, 2009
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Wa7f I
Commissioner Palmer: Yea
Vice Mayor Beasley: Nay
Commissioner Newman: Nay
Commissioner Sellars: Yea
Mayor Feliu: Yea
With no further comments, the motion to approve this item as
amended passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
City Manager's Report (Cont'd)
i) Utilization of Commission Chambers on December 10, 2009
for citizen discussion of various energy related issues.
Mr. Carlton specified that this meeting will not be an
officially sanctioned meeting of the City - it is simply
allowing the group to use the room;
j) Construction Permit number 08 -04 for mid rise office
building issued to Oxford Corp. extension under Senate
Bill 360. Commissioner Newman said that before issuing
and approving extensions on these permits, she wants to
have clarification on what the City's rights are. She
urged the City Manager to contact our lobbyist Fausto
Gomez about the conversation he had with her regarding
Senate Bill 360. Commissioner Newman also referred to the
road and the damage that was created by the crane and the
construction over the last year, urging Mr. Carlton to
look into the matter of having the road paved and fixed
particularly if it is going to take two years to resume
construction since people use this road extensively.
Regarding the naming of the street after
Block, Mr. Carlton said that he has been
the request just passed through the Coun
after the beginning of next year he will
together with the County and schedule an
this.
Mayor Jack
informed that
:y Commission and
start getting
event regarding
With no further comments, the City Manager's Report ended.
CITY COMMISSION MINUTES
December 8, 2009
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3. City Attorney's Report (15 minutes)
a) Southeastern Investment Group vs City of South Miami
Commission, Case No.: 09 -598 AP, Lower Court Case Number:
24 -09 -2016. This is a Petition for Writ of Certiorari
(Appeal filed by Southeastern Investment Group against the
Commission's decision on the SW 62"d Avenue Corridor). The
defense of this appeal is handled 'yin house" and will not
cost the City any legal fees;
b) Report of Public Records Case No. 09 -81417 CA 27
brought by W. Ajibola Balogun
1. November 12, 2009 Report of City Attorney;
2. Notice of taking depositions of Maria M. Menendez
by Neal Flaxman; (Exhibit B -2)
3. Notice of taking depositions of Nkenga Payne by
Neal Flaxman (Exhibit B -3)
4. Neil Flaxman's letter of November 12th 2009
(Exhibit B -4)
S. City Attorney's response to Neil Flaxman's letter
of November 12th 2009 regarding phone and IT records
of individual Commissioners; (Exhibit B -5)
c) More efficient method to convert recommendations of
City Manager and City Attorney and Commissioners into an
instant resolution, without the necessity to place same on
the next agenda;
d) Discussion of rules of conduct ordinance;
e) Miscellaneous items. (NONE)
With some further comments, the City Attorney's Report
ended.
PUBLIC REMARKS
(5 minutes)
Bob Welsh said that the public remarks section should not be
used to educate people on any subject since we need to remember
that the clock is ticking and the taxpayers are paying. He then
urged the Commission to tell the Police Chief to advise
pedestrians, mostly children that normally walk on the north side
of Sunset, that the sidewalk is closed during renovation.
David Tucker Sr. greeted the Commission in Hawaiian as we
commemorated the 68th anniversary of the Pearl Harbor attack. He
then referred to history, civility and related subjects.
CITY COMMISSION MINUTES
December 8, 2009
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1 Liz Regalado addressed the Commission as a member of "Save
2 Dade" in support of item no. 26 on the agenda relating to
3 domestic partners' rights.
4
5 Gray Reed, a member of the Green Task Force, spoke in
6 support of item no. 19 on the agenda relating to the "Feed -In
7 Tariff" initiative to make rooftop solar panel installation
8 affordable, also urging the Commission to forward copy of the
9 resolution to Florida Power and Light, Miami -Dade League of
10 Cities and to our State Representative Alex Diaz de la Portilla
11 who chairs the State's energy committee.
12
13 Walter Harris urged the Commission considering installing a
14 solar panel on the Mobley building which is under construction
15 and at the same time the solar panel could be used in the future
16 when the swimming pool is constructed. He spoke against item no.
17 7 relating to an historic designation. On item no. 6 relating to
18 "vote requirement ", he said that a four -fifth vote is
19 unacceptable because the voters spoke loud and clear.
20
21 Sharon McCain referred to the resolution regarding a dog
22 park, saying that she frequents the Palmetto dog park and that it
23 is not just a dog park but more of a social networking place, and
24 she continued providing details of said park. She then referred
25 to 74th Street which she said needs repairing. She spoke against
26 item no. 20 relating to CRA fees saying that the burden will fall
27 on the residents. She said that public remarks are not allowed
28 during ERPB meetings and that is why she does not attend those
29 meetings anymore.
30
31 Eda Harris reminded everyone about the upcoming town hall
32 meeting scheduled for Thursday, December 10 regarding FPL
33 proposals on the two new nuclear reactors and the power lines.
34
35 Dean Case spoke in opposition of the proposed historic
36 designation on the agenda. He also spoke about details of the
37 Coconut Grove dog park.
38
39 Paul Hunt spoke in support of item no. 18 on the agenda
40 relating to the senior taxi discount coupon program for senior
41 residents of South Miami, offering his assistant both as a
42 resident of the City and as an employee of the City of Coral
43 Gables.
44
45 John Edward Smith commended the City for the wonderful
46 annual Parade of the Elves saying that it was an exceptional
47 event. He then said that State Representative Julio Robaina has
48 informed him that there is an opportunity for our Florida
49 delegation to secure $70 million dollars of funding for
CITY COMMISSION MINUTES 6
December 8, 2009
Isayt
1 transportation improvements specifically dealing with bicycling
2 lanes, which is a great opportunity for the County to secure
3 additional funding for the Lundlam Trail and additional bike
4 lanes for the City.
5
6 Dick Ward referred to item no. 26 on the agenda relating to
7 domestic partner rights. He spoke in support of the dog park,
8 saying that the Parks and Recreation Department has done a good
9 job in evaluating all the parks, coming up with four parks to
10 consider for a dog park.
11
12 Beth Schwartz said that she had previously requested no -turn
13 signs on Sunset Drive limiting the cut - through traffic,
14 specifically into 63rd Avenue, 63rd and 64th Court, and she asked
15 again.
16
17 Levy Kelly addressed the Commission regarding item no. 24 on
18 the agenda relating to the EAR process. He said that the people
19 in the community have spoken about what they want and Tallahassee
20 approved the EAR process, so he said that he did not understand
21 what is happening.
22
23 Dr. Zakharia referred to item no. 4 on the agenda regarding
24 off -site parking, urging the Commission to reconsider the
25 proposal which might result in having businesses moving out of
26 the City. About item no. 6 relating to vote requirement, he said
27 that the language is vague with regard to the revision of
28 provisions. He also said that abutting and adjacent are words
29 that must be clearly defined.
30
31 Simon Codrington referred to item no. 6, saying that a lot
32 of people voted for the vote requirement amendment without
33 knowing what they were voting for. He said that expecting a
34 unanimous vote, particularly on controversial issues, is
35 practically impossible. He then referred to item no. 24 relating
36 to the EAR process, urging the Commission not to approve that
37 ordinance unless the Madison Square component that was deleted be
38 reinstated in the document.
39
40 With no further speakers the public remarks section was
41 closed.
42
43 At this time Vice Mayor Beasley asked staff for
44 clarification as to whether the EAR document has ever had any
45 category with the name of Madison Square.
46
47 Mr. Youkilis said no; in addition, he said that in 2006 the
48 EAR was passed and approved by DCA, and later all specific
CITY COMMISSION MINUTES 7
December 8, 2009
I Fauf I
1 amendments were put together and that document was passed on
2 August 2007 and was also approved by DCA.
3
4 Mayor Feliu also asked staff whether the definition of
5 "neighborhood center mixed -use district" which has been removed
6 from the EAR document could be recognized with any project other
7 than Madison Square. Mr. Youkilis said that at this point there
8 is no other area assigned for the removed "neighborhood center
9 mixed -use district ".
10
11 At this time the Mayor announced a two - minute break.
12
13 Moved by Vice Mayor Beasley, seconded by Commissioner
14 Newman, the motion to bring out of order items no. 24, 21, and 26
15 passed by a 5 -0 vote:
16
17 Commissioner Palmer: Yea
18 Vice Mayor Beasley: Yea
19 Commissioner Newman: Yea
20 Commissioner Sellars: Yea
21 Mayor Feliu: Yea
22
23
24
25 COMMISSION REPORTS, DISCUSSION
26 AND REMARKS
27 (25 minutes)
28
29
30 RESOLUTION (S)
31
32
33 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
34
35 5. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
36 THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A REVISED
37 EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
38 AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE
39 AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES
40 FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE
41 LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE;
42 CONSERVATION; RECREATION AND OPEN SPACE;
43 INTERGOVERNMENTAL COORDINATION; AND CAPITAL
CITY COMMISSION MINUTES 8
December. 8, 2009
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BTE9
IMPROVEMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5
(Vice Mayor Beasley)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Mr. Youkilis presented this item providing a recap of
the EAR process, and going through the amendments to the EAR
based text amendment document that was approved on August
23, 2007. On July 28, 2009, the City Commission adopted an
ordinance removing the wording of the proposed Future Land
Use Map category entitled "Neighborhood Center /Mixed Use
District (Four Story) ". In October 2009, an ordinance was
adopted which modified the land use category that are listed
by. adding a category which is called "Residential Limited
Commercial District (Two Story) ", and it was suggested in
there that this would be the category for SW 62nd Avenue. The
Planning Board has approved this document back in March and
April of 2008, including the Neighborhood Center /Mixed Use
category. He pointed out the importance of adopting this
document as mandated by Florida Statutes in order for the
City to be able to proceed with any other changes, and also
to avoid other sanctions. He further explained that there
are a number of changes which the City cannot proceed with,
some of which are mandated by the state legislature which
may be related to water quality, public education and
reduction.of greenhouse gas. These cannot be included in our
Comp Plan because the EAR has not been adopted yet. There
are also a number of land use changes which we cannot do
either and which were recommended in the original EAR. He
said that the adoption of this EAR amendment will allow the
City to immediately start considering what to do about
Madison Square.
Mr. Youkilis said that we are now at the point where a
new EAR process is about to start in 2010, and various
resolutions have been approved already to start the process
of the EAR again. However, the current EAR must be approved
before we can start with the next EAR.
Mr. Youkilis then referred to the required votes by the
Commission on the revised EAR document and that is a four -
fifth vote because of the fact that every change in the
document has made it even more restrictive. He added that
the Administration recommends approval of the EAR based
document with the changes suggested by DCA and the two
changes made by the Commission in the last couple of months.
He reiterated that it is important that this document is
CITY COMMISSION MINUTES 9
December 8, 2009
slaTI
1 adopted before they start working on the changes for the
2 2010 -2012 EAR.
3
4 At this time the public hearing was opened
5
6 Simon Codrington addressed the Commission as the President
7 and spokesperson for the Concerned Clergy and Citizens Coalition.
8 He asked staff for clarification on the issues concerning Madison
9 Square and the Planning Board's recommendation to the Commission
10 to leave that category in the EAR document. He said that no less
11 than 250 members of this community came before the Commission and
12 testified that they wanted that special land use designation
13 included in this EAR document and the document was subsequently
14 forwarded to DCA. He then urged the Commission not to forward
15 this document to DCA unless the land use category that was
16 removed is placed back in the document.
17
18 Dr. Zakharia said that the law provides that if the Comp
1.9 Plan allows for mixed -use four stories 1.6 FAR, the zoning should
20 have been changed accordingly since 1997 to be in compliance with
21 the plan. He questioned as to why the zoning has not been brought
22 up to date until now. He said that he is a neighbor and has
23 practiced in the City for twenty -five years and this is not fair,
24 honest or legal.
25
26 Beth Schwartz said that time and time again the people from
27 Cocoplum Terrace and surrounding neighborhoods have come in and
28 expressed support for two stories adjacent to single- family
29 neighborhood. She said that the reason for not bringing up the
30 zoning to compliance was because it was a very controversial
31 issue. She said that the 60 units were inserted without any
32 residents being allowed for comments; it was made by a marketing
33 group making recommendations in favor of special interests.
34
35 Sharon McCain said that residents remember what elected
36 officials promise before they get elected, particularly those
37 statements full of promises printed in newspapers.
38
39 With no further speakers, the public hearing was closed.
40
41 Mr. Carlton said that he understands that this is a
42 contentious issue mainly because of the proposed Madison Square
43 project. He then said that the Commission has made it clear that
44 they want Madison Square built and that this is an assignment to
45 the Administration and that he has been working very aggressively
46 to do that with the help from Commissioner Gimenez who might be
47 able to give us something; we will start a program to encourage
48 developers to come in and make proposals and go after other
49 monies. In addition, he said that the study being conducted by a
CITY COMMISSION MINUTES 10
December 8, 2009
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1 CRA consultant will be ready soon, and it is not a study of
2 density, it is a study about the impact of having affordable
3 housing and how much it would have to be subsidized to make that
4 a reality. He said that if this EAR moves forward without the
5 Madison Square project, there will be no lack of energy from this
6 Administration to make Madison Square happen. He also referred to
7 the other contentious issue regarding 62 Avenue, telling the
8 Commission that this is something that it will probably be
9 resolved by the courts and that it should not interfere with
10 their decision on getting this EAR moving forward.
11
12 At this juncture the Commission continued discussing the
13 issues with different points of view regarding this item.
14 Commissioner Palmer said that she would not support this.
15
16 With some further comments, the motion to approve this item
17 passed by a 4 -1 vote:
18
19 Commissioner Palmer: Nay
20 Vice Mayor Beasley: Yea
21 Commissioner Newman: Yea
22 Commissioner Sellars: Yea
23 Mayor Feliu: Yea
24
25
26 RESOLUTION (S)
27 (GONAD)
28
29 213 -09 -13022
30 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING AND
32 ZONING DEPARTMENT AND THE PLANNING BOARD TO CONSIDER AN
33 ORDINANCE REVISING LAND DEVELOPMENT CODE SECTION 20 -3.5
34 ENTITLED "DIMENSIONAL REQUIREMENTS" IN ORDER TO LIMIT TO
35 TWO STORIES THE HEIGHT OF BUILDINGS ABUTTING OR ADJACENT
36 TO SINGLE FAMILY HOMES; AND PROVIDING FOR AN EFFECTIVE
37 DATE. 3/5
38 (Vice Mayor Beasley)
39
40 Moved by Vice Mayor Beasley, seconded by Mayor Feliu to
41 approve this item.
42
43 Vice Mayor Beasley said that he has sponsored this item
44 because this is what the residents of the City have said that
45 they would like. No one wants four -story buildings behind his /her
46 home, he added.
CITY COMMISSION MINUTES 11
December 8, 2009
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Commissioner Palmer asked as to whether an analysis had been
done to see how many owners would be affected if this action is
taken. She said that it would be very irresponsible if they go
ahead with this without knowing how many owners will be impacted
by their decision. This could be very costly for the City in the
event that it is legally challenged in the future, she added.
Mayor Feliu concurred with Commissioner Palmer; however, he
said that they could wait for the Planning Board's findings and
recommendation.
At the request of Commissioner Palmer, Mr. Youkilis
explained that this is not intended for the 2010 -2012 EAR
process; this is general requirement that would go into the Land
Development Code. He added that they will definitely look into
the matter of determining how many properties would be affected.
With some 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
(CONrD)
7. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, CREATING NEW CHAPTER 19 OF THE
CODE OF ORDINANCES; PROVIDING FOR THE REGISTRATION OF
DOMESTIC PARTNERSHIPS; ESTABLISHING DOMESTIC PARTNER
RIGHTS OF VISITATION; PROVIDING HEALTH INSURANCE
ELIGIBILITY AND OTHER BENEFITS TO THE DOMESTIC PARTNERS
OF CITY EMPLOYEES; PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE. 3/5
(Commissioner Newman and Mayor Feliu)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
CITY COMMISSION MINUTES 12
December 8, 2009
PT29
1 Commissioner Newman said that this is something that she
2 tried to sponsor six months ago but it never got on an agenda
3 until now. She said that she knows that the Mayor is very
4 supportive of this issue and invited him to co- sponsor this item.
5 She said that this is just about human rights.
6
7 Commissioner Newman then referred to the changes which were
8 introduced on a substitute ordinance. One of the changes is that
9 instead of having the Clerk administer the registering of the
10 domestic partnerships, it will be conducted by the County's
11 registration system.
12
13 Mr. Feingold for clarification informed the Commission that
14 they would be voting on a modified ordinance and that there would
15 be no need to vote on an amendment.
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 (BEGINNING OF CONSENT)
29 214 -09 -13023
30 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
32 MANAGER TO DISBURSE $23,423.00 FROM ACCOUNT NUMBER 001-
33 1340 -513 -3450 TO USA SOFTWARE, INC FOR THE 2009/2010
34 POLICE DEPARTMENT SOFTWARE SUPPORT AND MAINTENANCE;
35 PROVIDING FOR AN EFFECTIVE DATE. 3/5
36 (Acting City Manager)
37
38 215 -09 -13024
39 9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
40 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE
41 A SERVICE AGREEMENT WITH THE MIAMI -DADE COUNTY OFFICE OF
42 GRANT COORDINATION FOR A GRANT IN THE TOTAL AMOUNT OF
43 $45,175.00 FOR THE PROVISION OF WEEKEND MEALS FOR SOUTH
44 MIAMI SENIOR RESIDENTS AND FOR TUTORING SERVICES FOR THE
45 CHILDREN OF OUR AFTER- SCHOOL PROGRAM; PROVIDING AN
46 EFFECTIVE DATE. 3/5
47 (Acting City Manager)
CITY COMMISSION MINUTES 13
December 8, 2009
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216 -09 -13025
3
10.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
4
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE
5
AN AGREEMENT WITH CONSTRUCTION CATERING, INC. FOR AN
6
AMOUNT NOT TO EXCEED $18,400.00 FOR THE PROVISION OF
7
WEEKEND MEALS DELIVERY TO SOUTH MIAMI SENIORS; TO BE
8
CHARGED TO THE SENIOR MEALS PROGRAM ACCOUNT NUMBER 114-
9
2041- 572 -3450; PROVIDING FOR AN EFFECTIVE DATE.
10
3/5
11
(Acting City Manager)
12
13
217 -09 -13026
14
11.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
15
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
16
COMMITTEES; APPOINTING YVONNE BECKMAN TO SERVE ON THE
17
AUDIT COMMITTEE FOR A ONE -YEAR TERM ENDING DECEMBER 7,
18
2010; AND PROVIDING AN EFFECTIVE DATE. 3/5
19
(Commissioner Newman)
20
21
218 -09 -13027
22
12.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
23
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
24
COMMITTEES; APPOINTING SUZANNE GILMORE TO SERVE ON THE
25
AUDIT COMMITTEE FOR A ONE -YEAR TERM ENDING DECEMBER 7,
26
2010; AND PROVIDING AN EFFECTIVE DATE. 3/5
27
(Commissioner Sellars)
28
29
219 -09 -13028
30
13.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
32
COMMITTEES; APPOINTING EILEEN LEHN TO SERVE ON THE AUDIT
33
COMMITTEE FOR A ONE -YEAR TERM ENDING DECEMBER 7, 2010;
34
AND PROVIDING AN EFFECTIVE DATE. 3/5
35
(Commissioner Palmer)
36
37
220 -09 -13029
38
14.A
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
39
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS;
40
PROVIDING FOR DELEGATION OF RESPONSIBILITY OF THE
41
CANVASSING COMMITTEE FOR THE FEBRUARY 9, 2010 GENERAL
42
AND SPECIAL ELECTIONS; AND PROVIDING AN EFFECTIVE DATE.
43
(Mayor Feliu) 3/5
44
CITY COMMISSION MINUTES 14
December 8, 2009
Bnq
1 Moved by Commissioner Palmer, seconded by Vice Mayor Beasley,
2 the motion to approve the Consent Agenda passed by a 5 -0 vote:
4
5 Commissioner Palmer: Yea
6 Vice Mayor Beasley: Yea
7 Commissioner Newman: Yea
8 Commissioner Sellars: Yea
9 Mayor Feliu: Yea
10
11 (END OF CONSENT)
12
13 At this time Commissioner Sellars was not feeling well and
14 was excused to leave the meeting.
15
16
17 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
18
19 31 -09 -2023
20 15. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
21 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
22 DEVELOPMENT CODE SECTION 20-4.4(F) (2) (c) ENTITLED
23 "SPACES LOCATED OFF- SITE" IN ORDER TO REMOVE PROVISIONS
24 ALLOWING FOR LEASING OF OFF -SITE PARKING SPACES AS A
25 METHOD TO PROVIDE REQUIRED SPACES; AMENDING SECTION 20-
26 7.6 ENTITLED "PARKING" IN HOMETOWN DISTRICT IN ORDER TO
27 MODIFY SECTION 20-7.6(C) (2) (b) BY REMOVING THE OPTION
28 OF LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO
29 PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERABILITY,
30 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
31 DATE. 3/5
32 (Acting City Manager)
33
34 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
35 approve this item.
36
37 Mr. Youkilis presented this item, briefly providing a
38 summary of the proposed amendments consisting of: 1) removing the
39 lease option but still permitting the use of off -site parking as
40 required parking if the off -site parking is under the same
41 ownership and within 300 feet; and 2) removing a provision to
42 allow off -site leased parking as an option to substitute for
43 required parking. The regulations remaining will still allow for
44 payment into the Hometown District Infrastructure Trust Fund or
45 the granting of a special exception to meet an on -site parking
CITY COMMISSION MINUTES 15
December 8, 2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
shortage. The Planning
unanimously recommended
approval.
board at its July 14,
approval. Staff also
At this time the public hearing was opened.
mnq
2009 meeting
recommended
Sharon McCain said that she does not understand the reason
for this ordinance.
Staff explained that this will make the regulations more
strict.
With no further speakers the public hearing was closed.
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Absent
Mayor Feliu:
Yea
32 -09 -2024
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT
CODE SECTION 20 -2.3 ENTITLED "DEFINITIONS" BY ADDING A
NEW DEFINITION OF "LAND USE REGULATIONS "; AND ADDING A
NEW DEFINITION OF "DEVELOPMENT REGULATIONS" BY
MODIFYING THE EXISTING DEFINITION, OF "REGULATIONS ";
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Acting City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Mr. Vageline presented this item. This is an ordinance
creating definitions in the Land Development Code (LDC) for
development regulations and for land use regulations. This was
requested by the City Commission in order to clarify and define
these terms. The next item changes the LDC to comply with the
Charter using these definitions. These definitions were
unanimously approved by the Planning Board at its meeting of
September 9, 2009. Staff also recommended approval.
The public hearing was opened and closed with no speakers.
CITY COMMISSION MINUTES
December 8, 2009
16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Bnq
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Absent
Mayor Feliu:
Yea
33 -09 -2025
17. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE 20 -6.1 (A) (3) ENTITLED "ADMINISTRATIVE
ENTITIES -CITY COMMISSION" IN ORDER TO REVISE PROVISIONS
RELATED TO THE VOTE REQUIREMENT OF THE CITY COMMISSION
ON ORDINANCES AND RESOLUTIONS PERTAINING TO THE LAND
USE AND DEVELOPMENT REGULATIONS WHICH WILL BE
CONSISTENT WITH THE CHARTER AMENDMENT ADOPTED NOVEMBER
4, 2008; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Approved on 1" Reading 7- 28 -09)
(Acting City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Mr. Vageline presented this item, explaining that after the
Charter amendments adopted by the voters on November 4, 2008, it
was discovered that the above section of the Land Development
Code (LDC) were not in compliance with the Charter changes
regarding Commission voting requirements. The purpose of this
ordinance is therefore to bring the LDC into compliance with the
City Charter.
At this time the public hearing was opened and closed with
no speakers.
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
CITY COMMISSION MINUTES
December 8, 2009
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Absent
Mayor Feliu:
Yea
17
m1a t
2 (CONTID)
3
4
5 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
7 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
8 MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE
9 FAMILY RESIDENTIAL BUILDING LOCATED AT 7121 SW 63rd
10 AVENUE AS AN HISTORIC SITE AND BY PLACEMENT OF AN
11 HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE
12 EXISTING ZONING USE DISTRICT FOR THIS PROPERTY;
13 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
14 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5
15 (Acting City Manager)
16
17 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
18 approve this item.
19
20 Mr. Youkilis presented this item. The Historic Preservation
21 Board consistently recommends sites that are historic, and they
22 did recommend this as a site by a unanimous vote. This type of
23 designation is translated into a zoning change, therefore
24 requiring a public hearing from the Planning Board and the City
25 Commission. He referred to the Designation Report which was
26 approved by the Historic Preservation Board, detailing history of
27 the site. The designation of the building is based upon it being
28 a fine example of a Vernacular style house of the Craftsman type,
29 typical of homes built in South Florida in the 1920's. The
30 Planning Board at its September 29, 2009 meeting adopted by
31 unanimous vote that the proposed historic designation be denied.
32 Staff recommends approval.
33
34 The Commission discussion was about the fact that the owner
35 does not want the proposed designation.
36
37 Moved by Vice Mayor Beasley to extend the meeting for 30
38 minutes after 11:00 p.m. Seconded by Mayor Feliu, the motion to
39 passed by a 4 -0 vote:
40
41 Commissioner Palmer: Yea
42 Vice Mayor Beasley: Yea
43 Commissioner Newman: Yea
44 Commissioner Sellars: Absent
45 Mayor Feliu: Yea
46
47
CITY COMMISSION MINUTES 18
December 8. 2009
m1a t
1 Commissioner Newman said that this house is in her
2 neighborhood and that she knows that the house needs a lot of
3 work. She said that an historic designation carries certain
4 restrictions that are imposed on the property and the owner is 99
5 years old, and passing this is going to put undue stress on this
6 lady, and for that reason she said that she would not support
7 this.
8
9 Commissioner Palmer said that she has never supported an
10 historic designation against the owner's wishes.
11
12 Mayor Feliu and Vice Mayor Beasley concurred with the above
13 members of the Commission.
14
15 With some further comments, the motion to approve this item
16 failed by a 0 -4 vote:
17
18 Commissioner Palmer: Nay
19 Vice Mayor Beasley: Nay
20 Commissioner Newman: Nay
21 Commissioner Sellars: Absent
22 Mayor Feliu: Nay
23
24 At this time items no. 17 -20 were brought out of order.
25
26
27 RESOLUTION (S)
28 (CONrD)
29
30 221 -09 -13030
31 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
32 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CO-
33 DESIGNATION OF SW 48TH STREET FROM SW 58TH AVENUE TO SW
34 69TH AVENUE AS "SPC SERGIO SAGONI ABAD STREET.
35 AUTHORIZING THE ACTING CITY MANAGER TO SUBMIT THIS
36 RESOLUTION TO MIAMI -DADE COUNTY AND TO JOIN MIAMI DADE
37 COUNTY IN SUCH CO- DESIGNATION; PROVIDING FOR AN
38 EFFECTIVE DATE. 3/5
39 (Acting City Manager)
40
41 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
42 approve this item.
43
44 Mayor Feliu said that the County already named the street
45 and we will just continue on the portion of our City. This is a
46 person that lost his life serving our Country and this will be in
47 his honor and a form of respect towards his family.
CITY COMMISSION MINUTES 19
December 8, 2009
2 With some further comments, the motion to approve this item
3 passed by a 4 -0 vote:
4
5 Commissioner Palmer: Nay
6 Vice Mayor Beasley: Nay
7 Commissioner Newman: Nay
8 Commissioner Sellars: Absent
9 Mayor Feliu: Nay
10
11 222 -09 -13031
12 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
13 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
14 MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE
15 CITY OF CORAL GABLES ALLIANCE FOR AGING TO BEGIN A
16 SENIOR TAXI DISCOUNT COUPON PROGRAM FOR SENIOR RESIDENTS
17 OF SOUTH MIAMI; AND PROVIDING FOR AN EFFECTIVE DATE.
18 3/5
19 (Acting City Manager)
20
21 Moved by Mayor Feliu, seconded by vice Mayor Beasley to
22 approve this item.
23
24 Mayor Feliu thanked Paul Hunt for bringing this forward in
25 which will be helping our seniors, and also thanked Mr. Carlton
26 for making this possible.
27
28 With no further comments, the motion to approve this item
29 passed by a 4 -0 vote:
30
31 Commissioner Palmer: Nay
32 Vice Mayor Beasley: Nay
33 Commissioner Newman: Nay
34 Commissioner Sellars: Absent
35 Mayor Feliu: Nay
36
37
38 223 -09 -13032
39 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
40 CITY OF SOUTH MIAMI, FLORIDA, SENDING A MESSAGE TO THE
41 PUBLIC SERVICE COMMISSION THAT SOUTH MIAMI SUPPORTS A
42 "FEED -IN TARIFF" TO MAKE ROOFTOP SOLAR PANEL
43 INSTALLATION AFFORDABLE; AND PROVIDING AN EFFECTIVE
44 DATE. 3/5
45 (Mayor Feliu and Vice Mayor Beasley)
Mo
CITY COMMISSION MINUTES 20
December 8, 2009
llaTl
1 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
2 approve this item.
3
4 Mayor Feliu said that in the spirit of working together, and
5 just as Commissioner Newman offered him to co- sponsor her item on
6 domestic partners rights, it would only be appropriate for him to
7 extend to the Vice Mayor the opportunity to co- sponsor this
8 resolution. He said that this is not his idea but the Green Task
9 Force idea. He said that we need to be independent from fossil
10 fuels and that this is an opportunity towards that goal.
11
12 At this time Mr. Carlton advised that before leaving,
13 Commissioner Sellars had recommended an amendment to Section 1 of
14 the resolution by substituting "sends a message" with the word
15 "urges" in order to make the language more articulate.
16
17 Moved by Vice Mayor Beasley to amend Section 1 of the
18 resolution by substituting "sends a message" with the word
19 "urges ". Seconded by Mayor Feliu, the motion to approve this item
20 as amended passed by a 4 -0 vote:
21
22 Commissioner Palmer: Nay
23 Vice Mayor Beasley: Nay
24 Commissioner Newman: Nay
25 Commissioner Sellars: Absent
26 Mayor Feliu: Nay
27
28
29 224 -09 -13033
30 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMIT FEES;
32 ESTABLISHING POLICY WAIVING BUILDING PERMIT FEES AND
33 OTHER CITY FEES UNDER LIMITED CIRCUMSTANCES FOR PROJECTS
34 IN THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
35 (SMCRA) AREA; PROVIDING AN EFFECTIVE DATE. 3/5
36 (A RESOLUTION ESTABLISHING POLICY WAIVING BUILDING PERMIT FEES UNDER
37 LIMITED CIRCUMSTANCES AND OTHER CITY FEES FOR PROJECTS IN THE SMCRA AREA)
38 (Commissioner Palmer)
39
40 Moved by Commissioner Palmer, seconded by Mayor Feliu to
41 approve this item.
42
43 Commissioner Palmer said that the City as a whole benefits
44 from grants or monies awarded to the CRA particularly when it is
45 used to improve its infrastructure and appearance, and when it
46 comes to the fees, it is a matter of one supporting the other.
47 She said that whatever it is done within the CRA it is for the
48 benefit of the whole City.
49
CITY COMMISSION MINUTES 21
December 8, 2009
1 Mayor Feliu said that charity begins at home and the CRA is
2 part of the City after all.
3
4 Mr. Carlton said for clarification that if the calculated
5 fee by our Building Department is under $5,000, this would be an
6 administrative matter; however, if it is over $5,000, it will
7 come before the Commission for approval. The other limitation
8 would be that it must be a CRA governmental -type project.
9
10 Commissioner Newman said that this is in relation to small
11 projects, so larger projects would be above $5,000 anyway.
12
13 With no further comments, the motion to approve this item
14 passed by a 4 -0 vote:
15
16 Commissioner Palmer: Nay
17 Vice Mayor Beasley: Nay
18 Commissioner Newman: Nay
19 Commissioner Sellars: Absent
20 Mayor Feliu: Nay
21
22
23
24 RESOLUTION (S) PUBLIC HEARING (S)
25
26 225 -09 -13034
27 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
28 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INTRANET
29 CONNECTION: AUTHORIZING THE CITY MANAGER TO ENTER INTO
30 AN AGREEMENT WITH AT &T SERVICES FOR A THREE -YEAR LEASE
31 TO UPGRADE THE INTRANET SERVICE AT CITY HALL, PUBLIC
32 WORKS AND PARKS AND RECREATION; AND CHARGING THE MONTHLY
33 FEES OF $2,250.00 FOR METRO ETHERNET SERVICE, 10MG FOR
34 CITY HALL, PUBLIC WORKS AND PARKS AND RECREATION, TO
35 ACCOUNT NUMBER 001- 1340 -513 -4632, ENTITLED LEASE
36 PURCHASE INTRANET EQUIPMENT; PROVIDING FOR AN EFFECTIVE
37 DATE. 3/5
38 (Acting City Manager)
39
40 Moved by Commissioner Palmer, seconded by Mayor Feliu to
41 approve this item.
42
43 Mr. Carlton said that we are short of broadband which is
44 causing great delays. The good news about this is that we are
45 getting approximately five times the broadband for less money,
46 than we are currently spending.
47
CITY COMMISSION MINUTES 22
December 8, 2009
llaTl
1
At this time the public hearing was
opened and closed with
2
no speakers.
3
4
With some
further comments, the motion to approve this item
5
passed by a 4 -0
vote:
6
7
Commissioner Palmer:
Nay
8
Vice Mayor Beasley:
Nay
9
Commissioner Newman:
Nay
10
Commissioner Sellars:
Absent
11
Mayor Feliu:
Nay
12
13
14 ORDINANCE (S) FIRST READING
15 (CONT'D)
16
17
18 24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 8A "CODE
20 OF ETHICS" OF THE CITY'S CODE OF ORDINANCES, ADDING NEW
21 SECTION 8A -7 ENTITLED "INVESTIGATION OF VIOLATIONS OF
22 CITY'S CHARTER," PROVIDING THAT SUCH INVESTIGATIONS BE
23 HANDLED BY THE STATE ATTORNEY'S OFFICE; PROVIDING FOR
24 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
25 DATE. 3/5
26 (Mayor Feliu)
27
28 Moved by Mayor Feliu, seconded by Commissioner Palmer to
29 approve this item.
30
31 Mayor Feliu explained that the main reason for sponsoring
32 this item was that he does not feel that neither the City Manager
33 nor the City Attorney should be involved in any investigations
34 concerning their own bosses.
35
36 With no further comments, the motion to table this item
37 passed by a 4 -0 vote:
38
39 Commissioner Palmer: Nay
40 Vice Mayor Beasley: Nay
41 Commissioner Newman: Nay
42 Commissioner Sellars: Absent
43 Mayor Feliu: Nay
44
CITY COMMISSION MINUTES 23
December 8, 2009
ElWf I
1
2 25. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
3 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
4 DEVELOPMENT CODE SECTION 20 -4.3 (B) (C) (F) (I) (4) (5)
5 ENTITLED "SIGN REGULATIONS" IN ORDER TO PROVIDE THAT
6 TEMPORARY SIGN PERMIT APPLICATIONS WILL REQUIRE REVIEW
7 AND APPROVAL BY THE ENVIRONMENTAL REVIEW AND
8 PRESERVATION BOARD AND TO MAKE TECHNICAL REVISIONS TO
9 UPDATE TERMINOLOGY; PROVIDING FOR SEVERABILITY,
10 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
11 DATE. 3/5
12 (Acting City Manager)
13
14 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
15 approve this item.
16
17 Mr. Vageline presented this item. This ordinance allows for
18 review of temporary signs under specific criteria of the signage
19 lettering, color, location or compatibility. It also provides for
20 the review of temporary signs by the Environmental Review and
21 Preservation Board (ERPB) . The proposed ordinance was adopted by
22 the Planning Board at its meeting of October 27, 2009 by
23 unanimous vote recommending approval.
24
25 Mr. Carlton clarified that this is not a content -based
26 ordinance; the content is not being regulated in this ordinance.
27 Mr. Feingold recommended including language in the ordinance for
28 the purpose of clarifying this particular point.
29
30 Commissioner Palmer expressed concern about the language in
31 the ordinance requiring the review of temporary signs by the ERPB
32 which can make it quite cumbersome. Mr. Vageline said that if the
33 Commission rather have staff conduct the review it can be done
34 but that they still need the criteria. Commissioner Palmer said
35 that this would be a good compromise.
36
37 Moved by Mayor Feliu to extend the meeting for another ten
38 minutes. Seconded by Commissioner Newman, the motion passed by a
39 4 -0 vote:
40
41 Commissioner Palmer: Nay
42 Vice Mayor Beasley: Nay
43 Commissioner Newman: Nay
44 Commissioner Sellars: Absent
45 Mayor Feliu: Nay
46
47 With no further comments, the motion to approve this item
48 passed by a 4 -0 vote:
CITY COMMISSION MINUTES 24
December 8, 2009
1 BT 9 2 Commissioner Palmer: May
3 Vice Mayor Beasley: Nay
4 Commissioner Newman: Nay
5 Commissioner Sellars: Absent
6 Mayor Feliu: Nay
7
8
9
10 26. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
11 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 17,
12 ARTICLE II, ENTITLED "SIDEWALKS" OF THE CITY'S CODE OF
13 ORDINANCES BY ADDING NEW SECTION 17 -26 ENTITLED
14 "SIDEWALK ADVERTISING; USING STREETS OR SIDEWALKS FOR
15 ADVERTISING PURPOSES", WHICH REGULATION WILL MAKE IT
16 UNLAWFUL TO USE STREETS, SWALE AREAS, OR SIDEWALKS
17 UNLESS EXPRESSLY PERMITTED BY SECTION 20 -4.3 OF THE
18 LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY,
19 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
20 DATE. 3/5
21 (Acting City Manager)
22
23 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
24 approve this item.
25
26 Mr. Vageline presented this item, explaining that in recent
27 months the City has received complaints that advertising signs
28 promoting businesses are appearing on sidewalks or streets and in
29 some cases are being displayed by individuals standing in these
30 locations. This ordinance provides for restrictions in the City
31 Code which allow for wider enforcement action by both Police and
32 Code Enforcement officers.
33
34 With some further comments, the motion to approve this item
35 passed by a 4 -0 vote:
36
37 Commissioner Palmer: Nay
38 Vice Mayor Beasley: Nay
39 Commissioner Newman: Nay
40 Commissioner Sellars: Absent
41 Mayor Feliu: Nay
42
43
44
45
46 There being no further business to come before this Body,
47 the meeting adjourned at 11:41 p.m.
48
CITY COMMISSION MINUTES 5
December 8, 2009
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES % 6
December 8, 2009
Approved
Horace G. Feliu
Mayor