1bMot,
1 City of South Miami
2 Regular City Commission Minutes
3 August 3, 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, August 3, 2010, beginning at 7:18
9 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 Philip K. Stoddard, Vice Mayor Valerie Newman, and,
14 Commissioners Velma Palmer, Brian D. Beasley and Walter A.
15 Harris.
16
17 Also in attendance were: Deputy City Attorney Mark A.
18 Goldstein, City Clerk Maria M. Menendez and Acting City Manager
19 Buford R. Witt.
20
21 B. Moment of Silence: By Mayor Stoddard.
22
23 C. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
25
26 D. Presentations(s)
27
28 Officers of the Month
29
30 Mayor Mills presented the Officers of the Month who were
31 recognized for their continued effort to keep our residents
32 safe: Det. King and Officers Mendez, Vargas and Perez.
33
34 With some further comments this section was closed.
35
36
37 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
38
39 1. Approval of Minutes
40
41 a) Minutes of July 20, 2010
42
43 Moved by Commissioner Beasley, seconded by Commissioner
44 Palmer, the motion to approve the minutes of July 20, 2010
45 passed by unanimous vote:
CITY COMMISSION MINUTES 1
August 3, 2010
m1a f t�
2 Commissioner Palmer: Yea
3 Vice Mayor Newman: Yea
4 Commissioner Beasley: Yea
5 Commissioner Harris: Yea
6 Mayor Stoddard: Yea
7
8
9 2. City Manager's Report (25 minutes)
10
11 Police:
12
13 *Upgrading software
14 — Laptops 80% complete
15 — System update scheduled for 4 August
16
17 Project Updates:
18 (Public Works)
19
20 •Traffic Calming - Pinecrest Villas plan received;
21 *Larkin Hospital Easement - Plan submitted second time to
22 Miami -Dade County. Questions received and answered 8 July;
23 -SW 66" St. Improvements Ph II - Design 60% complete;
24 *South Miami Metro Pedestrian Crossing - we are having another
25 meeting with the FDOT and Miami -Dade Officials;
26 -At -Grade crossing now in planning.
27
28 Project Updates:
29 (Public Works)
30
31 *Marshall Williamson Park Restroom RFP released this
32 week (CRA)
33 •Demolition of the six unsafe buildings has been cleared with
34 the Clerk of the Court in the County and it is being
35 scheduled.
36
37 Financial Performance Audit:
38 (Finance)
39
40 -Continuing Scheduled Dates
41 -City Organizational Assessment Jun 21- Jul 16
42 -City Department Interviews Jul 19- 30
43 -So Miami Resident Satisfaction Survey Jul 19- 30
44 Department Output Analysis Aug 2 - 13
45 -Development/Performance-based Measures by Dept Aug 16- 27
CITY COMMISSION MINUTES 2
August 3, 2010
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-Draft Performance Audit Report
-City Review and Comment on Draft
-Final Performance -based Audit Report
Farmers Market/ Garden:
(PW, PLNG & ZON, Hosp, GTF)
DT
Aug 27- Sep 10
Sep 10- 24
Sep 24- Sep 30
*City, Green Task Force, So. Miami Hospital;
*Two part process
— Market RFP draft sent to staff, GTF, 30 July
— Community Garden in separate RFP still being developed
*City and Hospital working on grants
Recommended C. O. W. or Workshop Topics:
*Cardenas & Partners, Washington, DC
'Parking BAFO
*Fuel efficient vehicle options
*Health Insurance Workshop Selection
*Budget Workshop - 16 Aug., 1 PM
Comprehensive Plan:
(Planning & Zoning)
• Will continue to do amendments to the Comp Plan which will
go to the Planning Board on 10 August (changing the Murray
Park Pool land to Parks and Open Spaces as well as a
Community Garden location.
At this time the Budget Workshop date was changed at the
request of Commissioner Palmer, from Monday, August 16 to
Friday, August 13 at 1:00 p.m.
With no further comments the City Attorney's Report ended
and Mr. Witt introduced our Lobbyist, Mr. Fausto Gomez who
presented a summary of what transpired in Tallahassee for the
City of South Miami during the regular legislative session.
(Report attached).
3. City Manager's Report
(NONE)
CITY COMMISSION MINUTES
August 3, 2010
PUBLIC REMA
(5 minutes)
3
Isayt!
1 David Tucker Sr. addressed the Commission about some of the
2 ongoing legal issues in the City.
3
4 Javier Banos requested that item no. 19 on the agenda
5 relating to pension be deferred since the impact statement is
6 not ready yet. He then urged the Commission to consider traffic
7 calming on 62nd Avenue and 42nd Street.
8
9 Brad Cassel addressed pension issues. He then spoke about
10 problems with bees in the Mango Terrace area.
11
12 Dick Ward urged the Commission to support the ordinance on
13 the agenda relating to increasing the membership of the Parks
14 and Recreation Board. He then referred to the Alliance for
15 Youth, urging the Commission to look into the issue of certain
16 proceeds due to the group which remain outstanding.
17
18 John Edward Smith commended Commissioner Harris for wanting
19 to discuss the matter of the Charter Review Committee, and urged
20 the Commission to defer the proposed Charter amendments for
21 discussion among the Committee. He also spoke against the
22 proposed amendment relating to department directors.
23
24 Beth Schwartz referred to the corner of 73rd Street and 62nd
25 Avenue, asking for some stripping where the loading signs are
26 back on 70th Street so that people will not park there and just
27 leave the assigned place for loading.
28
29 Cal Rosenbaum urged the Commission to be careful with
30 decisions made as a reaction.
31
32 With no further speakers the public remarks section was
33 closed.
34
35
36 3. Commission Reports, Discussion & Remarks (25 minutes)
37
38
39 Commissioner Harris:
40
41 • Spoke about his desire to reactivate the Charter Review
42 Committee. He said that the Committee could start
43 reviewing the Charter in order to make recommendations
44 to the Commission for the proposed amendments to be
45 placed on the February 2012 election. He then urged the
46 Commission to think of qualified residents to serve on
47 the Committee.
48
CITY COMMISSION MINUTES 4
August 3, 2010
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• Referred to an ordinance he
requiring that all businesses
buildings and condominiums) comply
mandated.
Commissioner. Palmer:
PT
will be sponsoring,
(including apartment
with recycling being
• Referred to the proposed Green Master Plan, recommending
holding a workshop because this is something that will
impact the City at large.
• Referred to The Miami Herald, saying that some of the
reports they publish are not accurate.
Commissioner Beasley:
• Referred to the ongoing city manager's search, saying
that he would like to now take the next step which would
be narrowing the search to 5 -7 candidates, recommending
holding a workshop for this coming Thursday for this.
Mayor Stoddard:
• Recommended having a special meeting, followed by a COW
for further discussion, and then going back to the
special meeting. This was scheduled for Thursday, August
5, 2010 at 7:30 p.m.
With no further comments this section was closed.
Moved by Mayor Stoddard, seconded by Commissioners Beasley
and Palmer, the motion to place an Add -On Item on the agenda,
sponsored by Vice Mayor Newman, passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Absent
Mayor Stoddard: Yea
�.
149 -10 -13183
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $115,000.00 from account No.
CITY COMMISSION MINUTES
August 3, 2010
9
m1a f t!
1
001- 2100 -519 -3211, Performance Audit, settlements to
2
account No. 001- 1500- 514 -3120 for $66,726.00,
3
Professional Services Cost, and to account No. 001-
4
1500 -514 -3440 for $25,258.00, Consulting -Labor
5
Attorney, and to account No. 001 - 1500 -514 -3410 for
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$23,016.00, Litigation; providing an effective date.
7
(Deferred 7120110) 3/5
8
(Acting City Manager)
9
10
150 -10 -13184
11
6.
A Resolution of the Mayor and City Commission of the
12
City of South Miami, Florida, relating to budget;
13
authorizing a transfer of $1,797 from Account No. 001-
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1330- 513- 40 -80, Employee Education, to Account No.
15
001- 1330 - 513- 48 -50, Non -Legal Advertising; providing
16
an effective date. 3/5
17
(Acting City Manager)
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19
151 -10 -13185
20
7.
A Resolution of the Mayor and City Commission of the
21
City of South Miami, Florida, relating to budget;
22
authorizing a transfer of $900 from Account No. 1640-
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524- 52 -10, Supplies; $600 to Account No. 1640- 524 -40-
24
80, Employee Education and $300 to Account No. 1640-
25
524- 40 -70, Travel & Conference; providing an effective
26
date. 3/5
27
(Acting City Manager)
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29
152 -10 -13186
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8.
A Resolution of the City Commission of the City of
31
South Miami, Florida, accepting and endorsing Palmer
32
Park light repairs to provide safe usage of the
33
Athletic Fields; providing for an effective date. 3/5
34
(Acting City Manager)
35
36
153 -10 -13187
37
9.
A Resolution of the Mayor and City Commission of the
38
City of South Miami, Florida, relating to budget;
39
authorizing a transfer of $10.00 from Account No. 001-
40
1620 - 524 -4070, Travel to Account No. 001- 1620 -524-
41
5210, Supplies; providing an effective date. 3/5
42
(Acting City Manager)
43
44
Moved by Commissioner Palmer, seconded by Commissioner
45 Beasley, the motion to approve the Consent Agenda passed by a
46 4 -0 vote:
CITY COMMISSION MINUTES 6
August 3, 2010
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
(END OF CONSENT)
RESOLUTION (S)
Yea
Yea
Yea
Absent
Yea
154 -10 -13188
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to attorneys'
fees; approving attorneys' fees for Squire Sanders and
Dempsey, LLP in the amount of $31,912.19; charging
account no. 001.1500.514.3410 legal Services -
Litigation; and providing an effective date. 3/5
(Mayor Stoddard)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Mayor Stoddard explained that the attorneys for Squire
Sanders mentioned that the way these investigations work is
that there will be a burst of activity and then we will not
hear from them for months. Therefore, there could be a break of
six to seven months where there is no activity before it starts
to pick up again.
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
Commissioner Palmer:
Yea
Vice Mayor Newman:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Absent
Mayor Stoddard:
Yea
155 -10 -13189
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, urging streamlined easy
access to Florida Power and Light data that reports
annual electricity usage in the residential,
commercial, and industrial sectors within a particular
jurisdictional boundary; providing an effective date.
(Mayor Stoddard) 3/5
CITY COMMISSION MINUTES
August 3, 2010
7
llaTt!
2 Moved by Commissioner Beasley, seconded by Mayor Stoddard
3 to approve this item.
4
5 Mayor Stoddard explained that this would help cities in
6 terms of documenting the franchise returns and the tax returns,
7 because we get both energy tax, electricity tax and the
8 franchise fee back on our residents and businesses utility
9 payments but we have no way of separating those.
10
11 With no further comments, the motion to approve this item
12 passed by a 4 -0 vote:
13
14 Commissioner Palmer: Yea
15 Vice Mayor Newman: Yea
16 Commissioner Beasley: Yea
17 Commissioner Harris: Absent
18 Mayor Stoddard: Yea
19
20 156 -10 -13190
21 12. A Resolution of the Mayor and City Commission of the
22 City of South Miami, Florida, endorsing the
23 establishment of the constitutional standards
24 contained in FairDistricts Amendments 5 and 6 and
25 disapproving Amendment 7; and providing an effective
26 date. 3/5
27 (Mayor Stoddard)
28
29 Moved by Mayor Stoddard, seconded by Commissioner Beasley
30 to approve this item.
31
32 With no further comments, the motion to approve this item
33 passed by a 4 -0 vote:
34
35 Commissioner Palmer: Yea
36 Vice Mayor Newman: Yea
37 Commissioner Beasley: Yea
38 Commissioner Harris: Absent
39 Mayor Stoddard: Yea
40
41 157 -10 -13191
42 13. A Resolution of the Mayor and City Commission of the
43 City of South Miami, Florida, establishing the Farmers
44 Market to take place in the parking lot in front of
45 City Hall on Saturdays during the winter months; and
46 providing an effective date. 3/5
47 (Commissioner Harris)
CITY COMMISSION MINUTES 8
August 3, 2010
na f t�
2 Moved by Commissioner Beasley, seconded by Mayor Stoddard
3 and Commissioner Palmer to approve this item.
4
5 With some further comments, the motion to approve this
6 item passed by a 4 -0 vote:
7
8 14. A Resolution of the Mayor and City Commission of the
9 City of South Miami, Florida approving the Green Master
10 Plan for the City of South Miami; providing for an
11 effective date. 3/5
12 (Commissioner Harris)
13
14 Moved by Mayor Stoddard, seconded by Commissioner Palmer,
15 the motion to defer this item passed by a 4 -0 vote:
16
17 Commissioner Palmer: Yea
18 Vice Mayor Newman: Yea
19 Commissioner Beasley: Yea
20 Commissioner Harris: Absent
21 Mayor Stoddard: Yea
22
23 158 -10 -13192
24 15. A .resolution of the Mayor and City Commission of the
25 City of South Miami, Florida, relating to boards and
26 committees; re- appointing Bradley Cassel to serve on
27 the Pension Ad Hoc Committee for a term ending October
28 19, 2010; and providing an effective date. 3/5
29 (Vice Mayor Newman)
30
31 Moved by Commissioner Beasley, seconded by Commissioner
32 Palmer to approve this item.
33
34 With no further comments, the motion to approve this item
35 passed by a 4 -0 vote:
36
37 Commissioner Palmer: Yea
38 Vice Mayor Newman: Yea
39 Commissioner Beasley: Yea
40 Commissioner Harris: Absent
41 Mayor Stoddard: Yea
42
43 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
44
45 17. An Ordinance of the Mayor and City Commission of the
46 City of South Miami, Florida, relating to a request to
CITY COMMISSION MINUTES 9
August 3, 2010
Tla fft!
1 amend the official zoning map of the City of South
2 Miami Land Development Code by designating a commercial
3 building located at 7221 SW 58 Avenue (aka
4 Bougainvillea Tavern) and legally described as being a
5 portion of Lots 51 and 52, less east 50 feet, in W.A.
6 Larkin's Subdivision, recorded in Plat Book 3, page 198
7 of Miami -Dade County Public Records, as an historic
8 site and by placement of an Historic Preservation
9 Overlay Zone (HP -OV) over the existing zoning use
10 district for this property; providing for severability;
11 providing for ordinances in conflict; and providing an
12 effective date. (Approved 1S'Read.4 16110) 4/5
13 (Motion to continue 4119110; Pulled from Agenda 6102110)
14 (Acting City Manager)
15
16 Moved by Commissioner Beasley, seconded by Mayor Stoddard,
17 the motion to defer this item at the request of the applicant
18 to the meeting of 9/07/10 passed by a 4 -0 vote:
19
20 Commissioner Palmer: Yea
21 Vice Mayor Newman: Yea
22 Commissioner Beasley: Yea
23 Commissioner Harris: Absent
24 Mayor Stoddard: Yea
25
26 18. An Ordinance of the Mayor and City Commission of the
27 City of South Miami, Florida amending the South Miami
28 Pension Plan, providing for an amendment to Section 16-
29 12, Definitions, to comply with current City policy
30 concerning the definitions of annual compensation,
31 final average compensation, department head, employee,
32 full time employee, participation and part -time
33 employee; amending Section 16- 14(f)(1)(b) to allow
34 retired participants to change a beneficiary up to two
35 times at the participant's cost in compliance with
36 Chapter 2009 -97, Laws of Florida; amending the City of
37 South Miami Police Officers Retirement Trust Fund to
38 provide for compliance with chapter 2009 -97, Laws of
39 Florida; amending Section 16 -17(b) to eliminate the 3%
40 interest payment on return of contribution; providing
41 for severability; providing for codification; and
42 providing for an effective date. 3/5
43 (Acting City Manager)
44
45 Moved by Commissioner Beasley, seconded by Mayor Stoddard,
46 the motion to defer this item passed by a 4 -0 vote:
CITY COMMISSION MINUTES 10
August 3, 2010
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
m1a t!
Yea
Yea
Yea
Yea
Yea
At this time Mayor Stoddard announced a 5- minute break.
159 -10 -13193
16. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, pursuant to Chapter 8A
of the Code of Ordinances, authorizing the
reimbursement of legal fees to Vice Mayor Newman; and
providing an effective date. 3/5
(Commissioner Beasley)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Commissioner Palmer expressed concern for the lack of
backup on this item. She said that they are not being
consistent with the Code because in the past this would be paid
after receiving a final judgment.
Mr. Goldstein explained that this was a bill for Mr.
Pinon, who was retained prior to the League retaining counsel
on this case. He said that this is a continuing case, but now
that the League has taken over the defense of the case there
will not be this type of bills in the future. He explained that
even though the case is not final, this would be the final bill
from this attorney.
With some further comments, the motion to approve this
item passed by a 4 -0 vote:
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
Moved by Mayor Stoddard, seconded
to take item no. 18 on the agenda out
the motion passed by a 5 -0 vote:
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley
CITY COMMISSION MINUTES 11
August 3, 2010
Yea
Recused
Yea
Yea
Yea
by Commissioner Beasley
of order (now no. 19),
Yea
Yea
Yea
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Commissioner Harris:
Mayor Stoddard:
i • l l
I'm
• 7
PT
Yea
Yea
19. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to a request to
amend the official zoning map of the City of South
Miami Land Development Code by changing the zoning use
district from "NR" Neighborhood Retail Zoning Use
District to "SR" Specialty Retail Zoning Use District
for property located at 6800, 6820, and 6842 SW 62
Avenue; the purpose of the zone change is to allow
construction of a four story mixed use office building;
providing for severability; providing for ordinances in
conflict; and providing an effective date. 5/5
(Acting City Manager)
(1" Reading 618110)
Moved by Mayor Stoddard, seconded by Commissioner Beasley
and Commissioner Palmer to approve this item.
At this time the speakers were sworn in for this quasi -
judicial hearing.
Mr. Youkilis presented this item.
The applicant is proposing to construct a four story mixed
use office building with a total of 34,000 sq ft; the building
will contain 6,389 sq ft of retail space at the ground floor,
and a total of 28,361 sq ft of office space. (The complete
staff report may be downloaded from the City's website:
www.cityofsouthmiami.net)
Attorney George McArdle, representing Southeastern
Investment Group Corporation addressed the Commission. He
stated that he submitted handouts to the Commission and staff,
for this item, putting them into evidence and making them part
of the record (Handout attached).
At the conclusion of Mr. McArdle's presentation, the
public hearing was opened.
Kevin Hurley spoke in opposition of this application. (It
was later disclosed for the record by Mr. Goldstein that Mr.
Hurley is Vice Mayor Newman's husband and that his opinion
CITY COMMISSION MINUTES
August 3, 2010
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PTEq
would not in anyway influence the Vice Mayor's vote, and that
the record shows that she has been consistent on this subject).
Dr. Alex Zakharia spoke on behalf of the owners of the
west side of 62nd Avenue who own about 90 percent of these
properties. He then referred to a memo he submitted earlier in
the day (Memo attached).
The following residents spoke in opposition of the
application: Teresa Galvin, Max Cooper, Beth Schwartz.
John Edward Smith spoke to provide a point of
clarification for the record about comments made by some
members of the Commission and a speaker in relation to the
Zoning Task Force.
Yvonne Beckman who served on the Zoning Task Force, also
spoke to provide a point of clarification for the record.
At this time Mr. Goldstein invited Mr. McArdle to come up
to the podium for his rebuttal.
Engineer Fernando Gomez -Pina addressed the Commission on
behalf of the applicant.
Moved by Mayor Stoddard, seconded by Commissioner Beasley,
the motion to extend the meeting after 11:00 p.m. passed by a
5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
Mr. Goldstein asked the Commission to disregard any
comments regarding campaign contributions made by Dr. Zakharia;
those comments should not be considered in terms of making a
decision by the Commission. He added that at this point it
would be appropriate to vote on this.
Mr. Youkilis for the records said that he will provide a
copy of the email where staff advised Dr. Zakharia that we had
a copy of all the deficiencies and that he never_ picked it up.
With some further comments, the motion to approve this
item failed by a 1 -4 vote:
CITY COMMISSION MINUTES
August 3, 2010
13
m1a t
1 Commissioner Palmer: Yea
2 Vice Mayor Newman: Nay
3 Commissioner Beasley: Nay
4 Commissioner Harris: Nay
5 Mayor Stoddard: Nay
6
7
8 16 -10 -2041
9 20. An Ordinance of the Mayor and City Commission of the
10 City of South Miami, Florida, amending the City Charter
11 by establishing term limits for the Mayor and City
12 Commission, subject to approval by the electorate at a
13 referendum to be held on November 2, 2010; providing
14 ballot language; directing the City Clerk to take all
15 necessary actions to carry out the provisions of this
16 ordinance; providing an effective date for the
17 amendment and directing the City Clerk to incorporate
18 the amendment into the Charter and to file the revised
19 charter with the Florida Department of State; providing
20 for severability, conflict, and an effective date. 3/5
21 (Mayor Stoddard)
22
23 Moved by Commissioner Beasley, seconded by Mayor Stoddard
24 to approve this item
25
26 The public hearing was opened and closed with no speakers.
27
28 Commissioner Palmer recommended deferring this item to
29 allow the Charter Review Committee to review it and provide
30 input to the Commission.
31
32 With no further comments, the motion to approve this item
33 passed by a 4 -1 vote:
34
35 Commissioner Palmer: Nay
36 Vice Mayor Newman: Yea
37 Commissioner Beasley: Yea
38 Commissioner Harris: Yea
39 Mayor Stoddard: Yea
40
41
42 RESOLUTION (8) PUBLIC HEARING (8)
43
44 21. A Resolution of the Mayor and City Commission of the
45 City of South Miami, relating to a request pursuant to
46 Section 20- 3.3(D) of the Land Development Code for
CITY COMMISSION MINUTES 14
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llaTt!
special use approval to operate a mobile car wash in an
"SR(HD -OV)" Specialty Retail (Hometown District
Overlay) zoning district, specifically located in the
parking garage of Plaza 57 an office building at 7301
SW 57th Court; and providing for an effective date. 4/5
(Acting City Manager)
Moved by Mayor Stoddard, seconded by Commissioner Beasley
to approve this item.
Mr. Youkilis presented this item, explaining that the
applicant, American Car Detailing, is requesting special use
approval to operate a mobile car wash in the parking garage of
Plaza 57. The Planning Board, at its meeting of July 13, 2010
adopted a motion by a vote of 5 ayes and 1 nay recommending
approval of the request with three conditions. (The complete
staff report may be downloaded from the City's website:
www.cityofsouthmia3ni..net)
At the conclusion of the presentation by staff the public
hearing was opened.
Yvonne Beckman is a member
that she would be speaking as
Beckman referred to a report
copies among the Commission.
reported, Ms. Beckman said to
this request for special use.
of the Planning Board but said
a citizen on this subject. Ms.
prepared by her, distributing
Based on the things that she
be opposed to the approval of
Applicant Jose Rivas addressed the Commission providing
clarification on questions regarding the plans for the
operation of the mobile car wash.
With no further speakers the public hearing was closed.
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to defer this item. The motion failed by a 2 -3 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Nay
Commissioner Beasley: Yea
Commissioner Harris: Nay
Mayor Stoddard: Yea
With some further comments, the motion to approve this
item failed by a 3 -2 vote:
CITY COMMISSION MINUTES
August 3, 2010
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2 Commissioner Palmer: Yea
3 Vice Mayor Newman: Nay
4 Commissioner Beasley: Nay
5 Commissioner Harris: Yea
6 Mayor Stoddard: Yea
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8
9 ORDINANCE (S) FIRST READING
10
11 22. Motion to reconsider the action taken by the City
12 Commission at the City Commission Meeting of July 20,
13 2010 on the following item no. 17 as shown on attached
14 After Action Summary Excerpt. 3/5
15 (Commissioner Harris)
16
17 Moved by Commissioner Harris, seconded by Vice Mayor
18 Newman and Commissioner Palmer to approve this item.
19
20 Commissioner Harris explained that he brought this back
21 because the importance of this issue is to allow the people to
22 decide in this proposed amendment.
23
24 With some further comments, the motion to approve this
25 item passed by a 3 -2 vote:
26
27 Commissioner Palmer: Nay
28 Vice Mayor Newman: Yea
29 Commissioner Beasley: Nay
30 Commissioner Harris: Yea
31 Mayor Stoddard: Yea
32
33 23. An Ordinance of the Mayor and City Commission of the
34 City of South Miami, Florida, proposing to the City's
35 electors amendments to Articles III and VI of the
36 City's Charter to provide that all department directors
37 appointed by the City Manager shall be subject to the
38 approval or rejection by the City Commission; providing
39 for the proposed amendment to be submitted to the
40 City's electors at the next General Election of
41 November 2, 2010; providing ballot language; directing
42 the City Clerk to take all necessary actions to carry
43 out the provisions of this ordinance; providing an
44 effective date for the amendment and directing the City
45 Clerk to incorporate the amendment into the charter and
46 to file the revised Charter with the Florida Department
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of State; providing for severability, conflict, and an
effective date. 3/5
(Mayor Stoddard)
Moved by Mayor Stoddard, seconded by Commissioner Beasley
to approve this item.
With some further comments, the motion to approve this
item passed by a 3 -2 vote. Commissioner Beasley: Nay; Vice
Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner
Palmer: Nay; Mayor Stoddard: Yea.
Commissioner Palmer: Nay
Vice Mayor Newman: Yea
Commissioner Beasley: Nay
Commissioner Harris: Yea
Mayor Stoddard: Yea
24. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida relating to Article III
"Boards and Committees" of the Code of Ordinances;
amending Parks and Recreation Board section 2 -26.3 (a)
and (c) by increasing the number of voting members
from seven (7) to nine (9) ; updating appointment of
membership to comply with Charter amendment approved by
the voters at the February 9, 2010 General and Special
Election; and, by amending the quorum; providing for
severability, ordinances in conflict, and an effective
date. 3/5
(Mayor Stoddard)
Moved by Mayor Stoddard, seconded by Commissioner Harris
to approve this item.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
CITY COMMISSION MINUTES
August 3, 2010
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
17
naf
2
3 25. An Ordinance of the Mayor and City Commission of the
4 City of South Miami, Florida amending the South Miami
5 Code of Ordinances by adding Section 7 -17 entitled
6 "Type of Construction Required of All Principal
7 Buildings" and Section 7 -18 entitled "Staging of
8 construction and damage to public property, rights -of-
9 way, alleys or easements and trees and landscaping" to
10 Chapter 7 "Buildings" in order to list the types of
11 construction allowed and prevent damage to public
12 property; providing for severability; providing for
13 ordinances in conflict; and providing for an effective
14 date. (Deferred 7/20/10) 3/5
15 (Acting City Manager)
16
17 26. An Ordinance of the Mayor and City Commission of the
18 City of South Miami, Florida amending the South Miami
19 Code of Ordinances by amending Chapter 10a Floods
20 Article 2 Definitions "Manufactured home "; providing
21 for severability; providing for ordinances in conflict;
22 and providing for an effective date. 3/5
23 (Acting City Manager) (Deferred 7120110)
24
25 27. An Ordinance of the Mayor and City Commission of the
26 City of South Miami, Florida, amending the Land
27 Development Code Section 20 -8.9 entitled "Special
28 exceptions" in order to set a time limit for commencing
29 a development project which has been granted a special
30 exception in a Transit Oriented Development District
31 (TODD); providing for severability; providing for
32 ordinances in conflict; and providing an effective
33 date. 3/5
34 (Acting City Manager)
35
36 28. An Ordinance of the Mayor and City Commission of the
37 City of South Miami, Florida, to amend Section 20 -6.1
38 (a) (3) of the Land Development Code entitled
39 "Administrative Entities -City Commission" in order to
40 revise provisions related to the vote requirement of
41 the City Commission on ordinances and resolutions
42 pertaining to the land use and development regulations
43 in order to make the voting requirement consistent with
44 the Charter Amendment adopted November 4, 2008 and with
45 the interpretation of the Charter Amendment as set
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forth in Resolution No. 53- 10- 13087; providing for
severability; providing for ordinances in conflict; and
providing an effective date. 3/5
(Acting City Manager)
29. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20 -3.3
(D) of the Land Development Code entitled "Permitted
Use Schedule" in order to: change the existing "School,
Elementary or Secondary" use category and the existing
"School, Vocational" use category from "P" Permitted
use category to "S" Special Use category; to create a
new use type entitled "School, Private or Charter" with
all development in the new "School, Private or Charter"
use category being classified as an "S" Special Use;
and amending Section 20 -3.4 entitled "Special Use
Conditions" in order to set forth general and special
requirements applicable to all three school use
categories; providing for severability; providing for
ordinances in conflict; and providing an effective
date. 3/5
(Mayor Stoddard)
30. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-
5.16(F) of the Land Development Code entitled "Unity
of Title submittal procedures" in order to remove all
references to a Declaration of Restrictive Covenants in
Lieu of Unity of Title and subsection 20- 5.16(F)
entitled "Required provisions to be included in the
Declaration of Restrictive Covenants in Lieu of Unity
of Title "; amending Section 20 -7.30 (A) and Section 20-
8.16 (A) to remove all references to a Declaration of
Restrictive Covenants in Lieu of Unity of Title;
providing for severability; providing for ordinances in
conflict; and providing an effective date. 3/5
(Mayor Stoddard)
HTT M:
f1 [.
PUBLIC HEARING (S)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
CITY COMMISSION MINUTES
August 3, 2010
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There being no further business to come before this Body,
the meeting adjourned at 11:59 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
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Approved
Philip K. Stoddard
Mayor