1aI City of South Miami
2 Regular City Commission Minutes
3 January 26, 2010
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, January 26, 2010, beginning at
9 7:08 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 Officer(s) of the Month
28
29 Chief Richardson presented the following Officer of the
30 Month awards:
31
32 For October 2009: Det. Henry Guzman, Officers Aguiar,
33 Griffin and Lantigua
34
35 For November 2009: Off. Jesus Aguiar
36
37 For December 2009: Off. Griffin
38
39 Officer(s) of the Year
40
41 Off. Kevin Lantigua
42
43 After the presentations the Mayor announced a 15- minute
44 break.
45
CITY COMMISSION MINUTES 1
January 26, 2010
41aTt
II
2 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
3
4 1. Approval of Minutes
5
6 Minutes of January 14, 2010
7
8 Moved by Commissioner Palmer, seconded by Commissioner
9 Newman, the motion to approve the minutes of January 14, 2010
10 passed by a 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
20 2. City Manager's Report (25 minutes)
21
22 a) Murray Park Pool - Mr. Carlton presented this item
23 summarizing the contents of the memo, explaining that the
24 history of this project goes back to 1973, and that the
25 available funding in the form of grants is in the amount
26 of $1,492,911 for this project. He recommended approval of
27 the report in order to allow staff to wrap up the design
28 and go out to bid with various alternates.
29 a. Commissioner Newman said that she is in favor of the
30 proposal; however, she recommended putting it in
31 resolution form stipulating what it is that we are
32 doing, in order to be able to track this in the
33 future and so that it will be part of the record.
34 b. Commissioner Palmer requested copy of the plans and
35 the letter from the County. She said that when the
36 Community Center was built, the upgrade was done and
37 that the watermain was installed with the pool in
38 mind. She said that these things should be clarified
39 before going forward with the project. Mr. de la
40 Torre explained that there is an existing six -inch
41 watermain, and that they are requiring a twelve inch
42 watermain. Commissioner Palmer also asked for
43 comparables with other cities.
44 c. Commissioner Sellars requested the status of the LEED
45 certified issue regarding the proposed pool. Mr.
46 Carlton said that staff is in very intense
47 negotiations with the architectural engineering firm
CITY COMMISSION MINUTES 2
January 26, 2010
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1 about LEED certification versus green building and
2 what makes sense. He said that it is possible to LEED
3 certify pools but it could be very expensive.
4 d. Commissioner Newman also expressed concern about the
5 expense to run the pool. As an example, she said that
6 we have a great gym where our basketball team cannot
7 use that facility because we are renting it out to
8 pay for it, and that she does not want the same thing
9 to happen with the pool. She wants it to be a
10 community pool.
11 e. Mayor Feliu concurred with Commissioner Newman
12 regarding the use of the gym, saying that something
13 should be worked out and set aside a time slot for
14 our teams. Mr. Carlton said that he will have a
15 separate report on this matter.
16 f. Commissioner Newman said that perhaps we will be able
17 to use some of the Weed and Seed money to help
18 sponsor some of these teams. Mr. Carlton said that he
19 will be reporting on this issue at the next meeting.
20 g. Vice Mayor Beasley also referred to the above issue
21 saying that he recently saw that the basketball team
22 was moved from the gym to the Marshall Williamson
23 Park.
24 b) Parking BAFO - Mr. Carlton explained that three prizing
25 proposals have come in. He also said that he has
26 consulted with the City of Miami and Coral Gables about
27 their parking systems to see whether they would be
28 interested in managing all or part of our parking system
29 under some type of interlocal agreement, and both have
30 expressed an interest on that; he said that he is
31 aggressively pursuing the best solution to be able to
32 bring it back to the Commission.
33 a. At this time Commissioner Sellars reminded the
34 Commission that the month -to -month contract with the
35 current contractor expires before the next meeting of
36 the City Commission. Mr. Feingold recommended some
37 extension for the contractor while the City Manager
38 finishes negotiations regarding parking. The
39 Commission unanimously agreed on providing an
40 extension to the contractor. A resolution was then
41 read into the record extending the contract with LAZ
42 Parking for 60 days ending March 31, 2010 (see item
43 no. 10 below)
44 c) Fanny Pack Man - Mr. Carlton said that he recognizes that
45 the present collecting system is inadequate and needs
46 upgrading. He will be negotiating with Mr. Richman about
47 this.
48 d) Labor Negotiations (see items no. 14, 15 & 16 below)
CITY COMMISSION MINUTES 3
January 26, 2010
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e) Fiscal year 2010/2011 Budget Development Process - Mr.
Carlton recommended starting a series of budget workshops
because of the current problems with the economy.
Commissioner Newman said that they should also be
thinking about establishing the Budget Committee as soon
as possible.
f) 2010 Census - Actions to assure an accurate count in jobs
for South Miami residents.
g) Report on traffic management surrounding Sommerset
School - Mr. Carlton said that he will be back in two
weeks with a report regarding the parking issues
surrounding the school.
h) Special events permit fees - Mr. Carlton said that he
will be bringing back to the Commission a revised series
of fees.
i) Haitian relief effort - Mr. Carlton talked about the
efforts the City is making; he then recommended funding
$25,000 to the American Red Cross and requested
authorization from the Commission to go forward with it.
Commissioner Palmer recommended reaching out to the
community to see whether others would like to contribute
as well. A resolution followed (see item no. 11 below)
j) Status report on Pension Ad Hoc Committee discussion and
need of an actuary - Mr. Carlton said that a
representative from FRS will be addressing the Committee
at its next meeting; he also recommended hiring the
City's own actuary that will have the City's best
interest in mind.
k) Discussion of future process for setting annual City
Commission meetings schedule. (This item was deferred)
1) Vendors over $5,000.
m) Election Forum. Mr. Carlton referred to a 1980 resolution
authorizing the City Manager to permit this type of event
to be held at City Hall. He also referred to a 2003
resolution regarding the same issue. He then explained
that he has been in contact with the League of Women
Voters and said that he has determined to allow a forum of
this type to be held in the Commission Chamber at City
Hall sometime next week.
Commissioner Sellars requested posting the proposed Charter
amendment online.
With no further comments, the City Manager's Report ended.
3. City Attorney's Report (15 minutes)
a) Retention of attorney James W. Linn for advice on
pension matters at a maximum fee of $5,000.
CITY COMMISSION MINUTES
January 26, 2010
E
1 With no further comments the City Attorney's Report
2 ended.
3
4 At this time Mayor Feliu requested moving item no. 9 on the
5 agenda out of order. Seconded by Commissioner Sellars, the motion
6 to approve passed by a 5 -0 vote:
7
8 Commissioner Palmer: Yea
9 Vice Mayor Beasley: Yea
10 Commissioner Newman: Yea
11 Commissioner Sellars: Yea
12 Mayor Feliu: Yea
13
14 Mayor Feliu at this time invited Mayor Flinn of Palmetto Bay
15 to address the Commission on the Green Corridors initiative.
16
17 Commissioner Sellars asked for clarification regarding the
18 special assessment process as it relates to a special assessment
19 district and whether it could automatically impact everybody
20 within the district. Mayor Flinn explained that this will be
21 totally voluntary and that every property owner will have the
22 final decision.
23
24 RESOLUTION (S)
25
26 24 -10 -13058
27 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
28 CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE PROPOSED
29 GREEN CORRIDOR LEGISLATION; TRANSMITTING THIS
30 RESOLUTION TO CERTAIN PUBLIC OFFICIALS; AND PROVIDING
31 FOR AN EFFECTIVE DATE. 3/5
32 (City Commission)
33
34 Moved by Mayor Feliu, seconded by Commissioner Palmer, the
35 motion to approve this item passed by a 5 -0 vote:
36
37 Commissioner Palmer: Yea
38 Vice Mayor Beasley: Yea
39 Commissioner Newman: Yea
40 Commissioner Sellars: Yea
41 Mayor Feliu: Yea
42
43
44 PUBLIC REMARKS
45 (5 minutes)
46
CITY COMMISSION MINUTES 5
January 26, 2010
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Claudia Hauri spoke in favor of a small pool instead of the
one that is being proposed. She inquired about the proposed uses
for the Valencia building; the interlocal agreement regarding
demolition; and she also spoke in favor of limiting building
height abutting residential.
David Tucker Sr. spoke about a resolution for a variance
application approved at the previous meeting of the Commission.
Sharon McCain referred to the pool, the possible operational
cost and the lack of backup documentation; she referred to the
parking garage saying that what we need is a computerized system
for collecting the fees. She referred to the candidates' forum
urging to conduct it fairly and democratic. She also spoke about
the lack of information on the analysis for the Valencia parking
issue.
Dr. Philip Stoddard introduced himself as a Professor of
Biology at FIU and as a running candidate for the Mayor's seat of
the City. He said that he has had wonderful discussions with
residents of the City and that he is looking forward to the
challenges ahead and the great works to be done in the City,
making this a good place to live.
Javier Banos also introduced himself as a running candidate.
He said that if he is blessed with winning this race that he will
give his best to the City. He also commended the Commission for
opening the Chambers for holding a candidates' forum.
Walter Harris commended everyone on the Haitian relief.
About the pool, he urged the Commission to consider solar panels.
He also introduced himself as a running candidate; he has been
speaking to residents and promised that he will be working to
resolve all the issues of concern.
Levy Kelly also a running candidate said that he is looking
forward of having an open forum with the candidates. He said that
the CAA has allocated $200,000 towards the swimming pool; he also
said that he would like to see parking meters around the Charter
school.
Dick Ward spoke about the history of the pool starting in
1968 while he was serving on the Parks and Recreation Board. He
referred to the late Commissioner Spike Gibson, saying that the
first thing he did when assuming his position was to introduce a
resolution in 1968 to build a pool at the Community Center. He
then urged the Commission to approve the pool so that it may
finally become a reality forty years later.
CITY COMMISSION MINUTES 6
January 26, 2010
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llayt-
John Edward Smith commended the Administration for the
donation to the Haitian relief; he also commended the Commission
for approving the sidewalk sign ordinance. He then commended the
City Manager for allowing a candidates' forum to take place at
City Hall. He urged the Commission to support item no. 10 on the
agenda relating to rails -to- trails.
With no further speakers, the public remarks section was
closed.
COMMISSION REPORTS, DISCUSSION
AND REMARKS
(25 minutes)
RESOLUTION (S)
(Cont'd)
25 -10 -13059
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INVESTIGATION
OF ALLEGED VIOLATIONS OF THE CITY'S CHARTER AND THE
CODE OF ORDINANCES BY ANY ELECTED OFFICIAL; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(Commissioner Sellars)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Mr. Feingold presented this item, explaining that he
believes that it would not be appropriate for him to investigate
an elected official. He said that a Commissioner may come to him
with confidential information and this would naturally disqualify
him for investigating him or her.
Commissioner Palmer asked Mr. Feingold whether the City
Attorney may represent the City and a Commissioner at the same
time on a legal capacity. Mr. Feingold said that it would have to
be evaluated on a case -by -case basis.
Commissioner Palmer then said that this resolution should
have come from the Commission and not from the City Attorney.
Then, Commissioner Sellars offered to sponsor the resolution.
CITY COMMISSION MINUTES
January 26, 2010
7
t-
1
Vice Mayor Beasley asked who will now take the place of an
2
investigation for an elected official. Mr. Carlton said that
this
3
is a good question and it could be an item for discussion in
the
4
future as to procedure.
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
26 -10 -13060
17
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
18
CITY OF SOUTH MIAMI, FLORIDA CONDEMNING THOSE WHO DENY
19
THAT THE HOLOCAUST EVER OCCURRED; PROVIDING AN
20
EFFECTIVE DATE. 3/5
21
(Mayor Feliu)
22
23
Moved by Mayor Feliu, seconded by Commissioner Palmer to
24
approve this item.
25
26
Mayor Feliu said that he sponsored this resolution as
the
27
result of a statement that he read in the paper some time
ago
28
where a foreign government official stated publicly that
the
29
Holocaust never existed. He said that this was a slap on the
face
30
of humanity; the same can apply to slavery and say that
this
31
never occurred in our country; we need to learn from the past
and
32
the only way is by keeping the facts alive.
33
34
With some further comments, the motion to approve this
item
35
passed by a 5 -0 vote:
36
37
Commissioner Palmer: Yea
38
Vice Mayor Beasley: Yea
39
Commissioner Newman: Yea
40
Commissioner Sellars: Yea
41
Mayor Feliu: Yea
42
43
44
27 -10 -13061
45
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46
CITY OF SOUTH MIAMI, URGING THE LEGISLATURE TO ENACT A
47
$2.00 PER DAY CAR RENTAL SURCHARGE TO SAVE TRI -RAIL
CITY COMMISSION MINUTES 8
January 26, 2010
1
FROM DEFAULT; PROVIDING FOR INSTRUCTIONS TO THE
CITY
2
CLERK; PROVIDING FOR AN EFFECTIVE DATE.
3/5
3
(Vice Mayor Beasley)
4
5
Moved by Mayor Feliu, seconded by Commissioner
Palmer to
6
approve this item.
7
8
Vice Mayor Beasley said that this resolution is in
an effort
9
to save the Tri -rail which is something positive in terms of our
10
environment.
11
12
With some further comments, the motion to approve
this item
13
passed by a 5 -0 vote:
14
15
Commissioner Palmer: Yea
16
Vice Mayor Beasley: Yea
17
Commissioner Newman: Yea
18
Commissioner Sellars: Yea
19
Mayor Feliu: Yea
20
21
22 ORDINANCE (S) FIRST READING
23
24 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
25 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
26 TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT
27 6001 SW 70t� STREET WHICH SITE PLAN WAS ADOPTED VIA
28 ORDINANCE NO. 24 -01 -1755 ON OCTOBER 2, 2001; THE
29 AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL
30 USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING
31 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
32 AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
33 (Mayor Feliu)
34
35 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
36 approve this item.
37
38 Mayor Feliu said that because the code is written in such a
39 way, it restricts the amount of different uses, and this is a
40 good opportunity to discuss what would be allowed there.
41
42 Mr. Youkilis presented this item. In 2001 the City
43 Commission adopted Ordinance 24 -01 -1755 changing the zoning map
44 on this property. At that time it was felt that commercial uses
45 on the ground floor should be neighborhood oriented. Over the
46 past several years, however, most of the commercial spaces on the
CITY COMMISSION MINUTES 9
January 26, 2010
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1 ground floor have remained vacant and it has been difficult to
2 attract tenants which are strictly retail establishments. The
3 purpose of the proposed amendment to the site plan is to allow
4 other uses, such as office, business and personal services. The
5 Planning Board at its meeting of December 22, 2009 unanimously
6 approved recommending the amendment as shown in the ordinance.
7
8 Commissioner Sellars asked whether there is anything that
9 would prevent the owner of one of those units from coming before
10 the Commission and seeking a special use. Mr. Youkilis explained
11 that anyone can make an application for a special use, but the
12 use has to be allowed and they have to have the required parking.
13
14 Commissioner Newman referred to the parking situation saying
15 that it is a problem and that it seems that nobody wants to go
16 into the parking garage at Valencia but they will rather be
17 parking on the street or at the post office parking lot. She said
18 that this should be considered on a case -by -case basis and that
19 she could not support this.
20
21 Commissioner Palmer said that at the present everyone is
22 losing. She urged the Commission to look for a solution and a
23 compromise because the place is empty and that it does not seem
24 likely that anyone will come in and pay an application fee of
25 $6,000 with the possibility of losing it.
26
27 Mayor Feliu said that there is parking inside the garage and
28 that if someone chooses not to park there then it is up to the
29 business owners to make sure that their patrons are aware that
30 there is parking inside the garage. He said that he will support
31 this because it will be good for the community to have a variety
32 of businesses.
33
34 Commissioner Sellars at this time asked the City Manager to
35 look into the special use fees and how we compare with other
36 cities.
37
38 Commissioner Palmer said that this building is within the
39 CRA district; one of the requirements is economic development and
40 this is an opportunity to improve the area by encouraging
41 different types of businesses to come in.
42
43 With no further comments, the motion to approve this item
44 passed by a 4 -1 vote:
45
46 Commissioner Palmer: Yea
47 Vice Mayor Beasley: Yea
48 Commissioner Newman: Nay
CITY COMMISSION MINUTES 10
January 26, 2010
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1 Commissioner Sellars: Yea
2 Mayor Feliu: Yea
3
4
5 (BEGINNING OF CONSENT)
6
7 28 -10 -13062
8 9. A RESOLUTION OF THE MM_ OR AND CITY COMMISSION OF THE
9 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
10 MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
11 MIAMI -DADE COUNTY REGARDING THE DEMOLITION ACTIVITY OF
12 THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR
13 AN EFFECTIVE DATE. 3/5
14 (Acting City Manager)
15
16 Moved by Mayor Feliu, seconded by Vice Mayor Beasley and
17 Commissioner Palmer to approve this item.
18
19 Mr. Vageline presented this item.
20
21 Commissioner Sellars asked whether this will come back to
22 the Commission again.
23
24 Mr. Vageline explained the process between the City and the
2S County. The City develops a case for each of the properties which
26 will go through the County boards, and once it is done, if they
27 agree with us they become candidates for demolition. At that
28 point they return here before the City Commission for final
29 approval.
30
31 With no further comments, the motion to approve the Consent
32 Agenda 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 (END OF CONSENT)
42
43
44
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RESOLUTION (S)
29 -10 -13063
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDING
THE CURRENT MONTH -TO -MONTH CONTRACT WITH LAZ PARKING
INC. FOR THE PROVISION OF MUNICIPAL PARKING MANAGEMENT
SERVICES FOR SIXTY DAYS, ENDING MARCH 31, 2010; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(Acting City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
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
30 -10 -13064
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, TO CONTRIBUTE THE SUM OF
$25,000 FOR HAITIAN EARTHQUAKE RELIEF IN THE FORM OF A
CONTRIBUTION TO THE AMERICAN RED CROSS, AS DETERMINED
BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.
(Acting City Manager) 3/5
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
CITY COMMISSION MINUTES
January 26, 2010
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
12
m1a f t!
1 31 -10 -13065
2 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, URGING THE FLORIDA
4 CONGRESSIONAL DELEGATION TO SUPPORT THE RAILS -TO- TRAILS
5 CONSERVANCY'S FEDERAL TRANSPORTATION BILL KNOWN AS THE
6 ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT
7 PROGRAM; PROVIDING AN EFFECTIVE DATE. 3/5
8 (Acting City Manager) (Deferred 1114110)
9
10 Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
11 and Mayor Feliu to approve this item.
12
13 Mr. Carlton explained that due to Commissioner Newman's
14 concern about the possibility of this bill also providing for the
15 use of these trails by motorized vehicles, the resolution has
16 been revised to provide that this is just for non - motorized
17 transportation.
18
19 With no further comments, the motion to approve this item
20 passed by a 5 -0 vote:
21
22 Commissioner Palmer: Yea
23 Vice Mayor Beasley: Yea
24 Commissioner Newman: Yea
25 Commissioner Sellars: Yea
26 Mayor Feliu: Yea
27
28
29 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
30
31 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
32 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND
33 DEVELOPMENT CODE SECTION 20 -3.5 ENTITLED "DIMENSIONAL
34 REQUIREMENTS" IN ORDER TO LIMIT TO TWO STORIES THE
35 HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO SINGLE
36 FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILITY;
37 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
38 AN EFFECTIVE DATE. 3/5
39 (Vice Mayor Beasley)
40
41 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
42 approve this item.
43
44 Mr. Youkilis presented this item explaining the proposed
45 text amendment for properties abutting single - family zoning
46 districts where the maximum allowed height of any new building or
CITY COMMISSION MINUTES 13
January 26, 2010
m1a i
1 any vertical addition to an existing building would be limited to
2 two stories; however, additional height may be obtained via the
3 special use permit process as set forth in Section 20 -5.8 of the
4 Land Development Code.
5
6 At this time the public hearing was opened.
7
8 Mr. Proctor representing a client addressed the Commission.
9 He said that he has reviewed this proposed ordinance as to how it
10 would apply to the Red Road Commons property. He said that he
11 believes that this ordinance cannot apply to that property based
12 on legal and zoning or land use grounds. After briefly explaining
13 the process of a PUD, Mr. Proctor said that his concern is about
14 the uncertainty as to what would happen to this development in
15 the event of a catastrophe where the project could either be
16 completely or partially demolished. He referred to the chart
17 shown on the screen with a list of properties that might be
18 impacted by this ordinance and where Red Road Commons was among
19 the list. He said that it is his belief that this ordinance
20 cannot apply to this property, either in terms of zoning or in
21 terms of the binding development agreement.
22
23 Mr. Feingold said that this is a matter of concern and that
24 he will be meeting with Mr. Proctor this coming Friday morning to
25 discuss the issues and concerns expressed in Mr. Proctor's
26 letters. He said that perhaps this ordinance would not apply to
27 Red Road Commons; however, he said that he was not prepared to
28 rule that way until they meet on Friday.
29
30 Sharon McCain requested clarification of the exact location
31 of the other properties shown on the chart. She said that a lot
32 of Valencia residents never received notification regarding the
33 hearings. She then urged for staff to include in Friday's meeting
34 mentioned by the City Attorney, the fact that nothing has been
35 done by Red Road Commons about sidewalks to make it pedestrian
36 friendly as this was part of the agreement.
37
38 Pedro Menocal, representing Southeastern Investment Group,
39 distributed a written protest submitted by his client. He asked
40 for clarification as to whether his client's properties would be
41 affected by this ordinance in the future. Mr. Feingold at this
42 juncture said that due to pending litigation they could not
43 respond at this time.
44
45 Mr. Menocal said that if the proposed ordinance were to be
46 amended to exclude his client's properties, then they would have
47 no objection to this ordinance.
48
CITY COMMISSION MINUTES 14
January 26, 2010
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Dr. Zakharia addressed the Commission saying that the City
must follow the Comprehensive Plan and State Law. He said that
this ordinance is illegal and unfair. He said that because of the
filed protest on the part of the property owners, the vote should
be four - fifths. He also said that the owners were not properly
noticed.
Dick Ward said that he cannot believe that the City can
single out a group of buildings that are already built and change
the zoning, such as Red Road Commons. He then cautioned the
Commission about possible future lawsuits.
Mayor Feliu asked Mr. Feingold for clarification regarding
statements made by the opposition.
Mr. Feingold regarding the question of proper notification
said that the 500 -foot notification rule applies to a specific
site. Moreover, this ordinance is just a text amendment to the
Land Development Code. He said that many of the arguments heard
today really had nothing to do with this ordinance, except that
of Mr. Proctor's.
After a discussion and comments among staff and the
Commission, the motion by Commissioner Sellars and a second by
Vice Mayor Beasley to continue with this public hearing at the
next regular meeting of 2/02/10, passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
to extend the meeting to 11:30 p.m., the motion passed by a 5 -0
vote:
CITY COMMISSION MINUTES
January 26, 2010
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
15
FaTt
1 RESOLUTION (S) PUBLIC HEARING (S)
2
3 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING
5 THE CITY MANAGER TO EXECUTE A THREE YEAR CONTRACT
6 BETWEEN THE AMERICAN FEDERATION OF STATE, COUNTY AND
7 MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294 (HEREINAFTER
8 REFERRED TO AS AFSCME) AND THE CITY OF SOUTH MIAMI;
9 PROVIDING FOR AN EFFECTIVE DATE. (Tabled 1114110) 3/5
10 (Acting City Manager)
11
12 Moved by Mayor Feliu, seconded by Commissioner Palmer, the
13 motion to take this item off the table and to defer until the
14 conclusion of union negotiations passed by a 5 -0 vote:
15
16 Commissioner Palmer: Yea
17 Vice Mayor Beasley: Yea
18 Commissioner Newman: Yea
19 Commissioner Sellars: Yea
20 Mayor Feliu: Yea
21
22
23 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING
25 THE CITY MANAGER TO EXECUTE A THREE YEAR AGREEMENT
26 BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT
27 ASSOCIATION COLLECTIVE BARGAINING UNION (POLICE
28 OFFICERS AND SERGEANTS) AND THE CITY OF SOUTH MIAMI;
29 PROVIDING FOR AN EFFECTIVE DATE. (Tabled 1114110) 3/5
30 (Acting City Manager)
31
32 Moved by Mayor Feliu, seconded by Commissioner Palmer,
33 the motion to take this item off the table and to defer
34 until the conclusion of union negotiations passed by a 5 -0
35 vote:
36
37 Commissioner Palmer: Yea
38 Vice Mayor Beasley: Yea
39 Commissioner Newman: Yea
40 Commissioner Sellars: Yea
41 Mayor Feliu: Yea
42 32 -10 -13066
43 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
44 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING
45 THE CITY MANAGER TO EXECUTE A THREE YEAR AGREEMENT
46 BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT
CITY COMMISSION MINUTES 16
January 26, 2010
m1afit-
1 ASSOCIATION COLLECTIVE BARGAINING UNION (POLICE
2 LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI;
3 PROVIDING FOR AN EFFECTIVE DATE. 3/5
4 (Acting City Manager)
5
6 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
7 approve this item.
8
9 Mr. Carlton explained that through the collective bargaining
10 process an agreement has been reached with the union and they
11 have unanimously ratified it. It includes two points of
12 retirement being paid by the City rather than the lieutenants and
13 captains.
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15 The public hearing was opened at this time.
16
17 Sharon McCain spoke in opposition of police take -home cars.
18 She then said that she has noticed the police cars with dark
19 tinted glass and requested that they be removed.
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21 With no further speakers, the public hearing was closed.
22
23 Commissioner Palmer said that she does not think that the
24 City should have any contract for three years because things
25 change, ad valorem taxes are going to go down and we will be tied
26 up on a contract. We are also not budgeted for this expense. She
27 said that there are better options out there for employees.
28
29 Mr. Carlton said that probably 75 -80 percent of the expense
30 for the Police Department is in wages and fringes, and we have
31 re- openers in the second and third year on those that are to both
32 sides advantage, and that this is the reason for having the
33 three -year contracts and having the re- openers for stability.
34 Eighty percent of the budget is included within the re- opener
35 which protects the taxpayer.
36
37 Commissioner Newman said that they had an executive session
38 where each of these contracts was explained in detail. Therefore,
39 she said that she is voting on this because she was informed and
40 that she knows what she is voting on.
41
42 With no further comments, the motion to approve this item
43 passed by a 4 -1 vote:
44
45 Commissioner Palmer: Nay
46 Vice Mayor Beasley: Yea
47 Commissioner Newman: Yea
CITY COMMISSION MINUTES 17
January 26, 2010
1 Commissioner Sellars: Yea
2 Mayor Feliu: Yea
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4
5 33 -10 -13067
6 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING
8 CITY MANAGER TO DISBURSE $3,516.00 TO WORD SYSTEMS,
9 INC., A SOLE SOURCE VENDOR, FOR THE PURCHASE OF A
10 MIRRA IV DIGITAL VOICE LOGGING SYSTEM
11 HARDWARE /SOFTWARE FROM ACCOUNT NUMBER 1910 - 521 -3450;
12 AND AUTHORIZING THE CITY MANAGER TO DISBURSE $3,516.00
13 ANNUALLY FOR THE REMAINING FOUR YEARS TO KINETIC
14 LEASING IN COMPLIANCE WITH THE LEASE; AND FURTHER
15 AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE SUCH
16 DOCUMENTS NECESSARY TO INITIATE AND FULFILL THE
17 CONTRACT; PROVIDING FOR AN EFFECTIVE DATE. 3/5
18 (Acting City Manager)
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20 Moved by Mayor Feliu, seconded by Commissioner Sellars to
21 approve this item.
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23 Mr. Carlton said that this is the system that basically
24 records all emergency calls to the Police Department. He said
25 that this is less expensive than the one that we currently have
26 and he recommended it for approval.
27
28 The public hearing was opened and closed with no speakers.
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30 Commissioner Palmer asked for clarification as to why this
31 system is being paid from the forfeiture account and whether it
32 would be legal to do that. Mr. Carlton said that this is clearly
33 police related.
34
35 With some 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 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
46 (NONE)
CITY COMMISSION MINUTES 18
January 26, 2010
llaTt!
1 ORDINANCE (S) FIRST READING
2 (CONTID)
3
4 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE SOUTH MIAMI
6 CODE OF ORDINANCES BY REVISING CHAPTER 15, ARTICLE III
7 SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT, MARKING
8 OF REAL PROPERTY" IN ORDER TO MAKE MALICIOUS MARKING
9 AND PLACEMENT OF GRAFFITI ON PERSONAL PROPERTY
10 UNLAWFUL; PROVIDING FOR SEVERABILITY; PROVIDING FOR
11 ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE
12 DATE. 3/5
13 (Acting City Manager)
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15 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
16 approve this item.
17
18 With no comments, the motion to approve this item passed by
19 a 5 -0 vote:
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21 Commissioner Palmer: Yea
22 Vice Mayor Beasley: Yea
23 Commissioner Newman: Yea
24 Commissioner Sellars: Yea
25 Mayor Feliu: Yea
26
27 Commissioner Palmer at this time referred to the item on the
28 agenda that will be continuing on the next meeting, asking how
29 many votes will require passing because of the appeal that has
30 been filed. Mr. Feingold said that it will require the same
31 amount of votes shown on this meeting which is a three -fifth
32 vote. Mr. Youkilis clarified that as per the Land Development
33 Code, if you appeal to a rezoning then it is four - fifths;
34 however, if it is just a change in the text of the Land
35 Development Code is three - fifths.
36
37 Vice Mayor Beasley requested clarification on all issues
38 pertaining to the above - mentioned item by the next meeting.
39
40 Still regarding the same item, Mr. Feingold clarified that
41 there will be no need for an executive session next Tuesday
42 because there is no lawsuit because they are in the process of
43 filing an amended appeal and they have requested a continuance;
44 therefore we have granted them an extension.
45
46 Commissioner Newman sent get well wishes to Willie Sessions
CITY COMMISSION MINUTES 19
January 26, 2010
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who was recently in the hospital and hopes that he has a speedy
recovery.
There being no further business to come before this Body,
the meeting adjourned at 11:30 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
January 26, 2010
20
Approved
Horace G. Feliu
Mayor