1bM1
1 City of South Miami
2 Regular City Commission Minutes
3 September 21, 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, September 21, 2010, beginning at
9 7:30 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 City Manager Hector
19 Mirabile.
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 Employee Recognition - Parks and Recreation Department
29
30 The City Commission presented a proclamation to Lorenzo
31 Woodley in recognition of his good work and dedication to the
32 City.
33
34 Green Task Force /Farmers' Market - Gray Read, Chair
35
36 Professor Read addressed the Commission with an update on
37 the Farmers' Market project. The City received two responses to
38 the RFP, one from The Market Company and another one from Earth
39 Learning. In the meantime, the City has applied for a $10,000
40 grant from the Health Foundation of South Florida to get the
41 Farmers' Market started. A Committee was formed in order to
42 evaluate the two proposals according to the criteria as provided
43 on the RFP. The Committee after carefully reviewing the
44 proposals has recommended Earth Learning. One of the factors
45 taken into consideration for recommending Earth Learning was
46 that they indicated that they can run the Market without
CITY COMMISSION MINUTES 1
September 21, 2010
PTE9
1 assistance from the City and that they will be applying for
2 grants, while The Market Company asked for $10,000 to start the
3 operation. Ms. Read then recommended engaging in a one -year
4 contract with Earth Learning.
5
6 At this time the Commission decided to conduct a workshop
7 to allow a presentation by both The Market Company and Earth
8 Learning.
9
10 With no further presentations this section was closed.
11
12
13 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1101
15 1. Approval of Minutes
16
17 Minutes of August 19 and 27 and September 7, 2010
18
19 Moved by Commissioner Beasley, seconded by Mayor Stoddard,
20 the motion to approve the minutes of August 19 and 27, and
21 September 7, 2010 passed by a 5 -0 vote:
22
23 Commissioner Palmer: Yea
24 Vice Mayor Newman: Yea
25 Commissioner Beasley: Yea
26 Commissioner Harris: Yea
27 Mayor Stoddard: Yea
28
29 2. City Manager's Report (25 minutes)
30
31 Dr. Mirabile presented a proposal to the Commission about a
32 different style of reporting. He also indicated that in an
33 effort of going paperless, the financial reports will be posted
34 online and also they may be provided on a CD for anyone upon
35 request. Dr. Mirabile asked the Commission to give him a
36 feedback on the proposal for a new way of reporting.
37
38 With no further comments the City Manager's Report ended.
39
40
41 3. City Attorney's Report
42
43 Mr. Goldstein informed that the City filed a brief in the
44 Southeastern Investments case and it is now in the Circuit
45 Court's hands. He then referred to the Balogun vs. the City of
46 South Miami case, informing that he was able to obtain a
47 continuance on a trial for the public records request case. He
CITY COMMISSION MINUTES 2
September 21, 2010
pmq
1 also informed about a letter received from Mr. Crossland
2 requesting authorization from the Commission to allow him to
3 continue serving the City in the capacity of labor attorney in
4 spite of the fact that he is part of a firm which is being sued
5 by the City on the garage bond issue. Mr. Crossland believes
6 that there is no conflict and that he can continue working for
7 the City.
8
9 Mayor Stoddard said that this may be an opportunity to put
10 out an RFP for a reputable labor attorney for a flat fee. A
11 direction was given to the City Manager to start an REP for a
12 labor attorney.
13
14 With no further comments the City Attorney's Report ended.
15
16
17 PUBLIC REMARKS
18 (5 minutes)
19
20 David Tucker Sr. addressed the Commission about the City
21 Manager's position in relation to the provision in the Charter.
22
23 Javier Banos referred to the pension ordinance, explaining
24 that it has been the recommendation of the Pension Board not to
25 include the accumulated benefits such as vacation and sick time
26 with the last paycheck for a retiring employee because this
27 would be disproportionate to his /her actual earnings. He then
28 reminded the Commission about the need for traffic calming in
29 the area of SW 62nd Avenue and SW 42nd Street.
30
31 Dick Ward urged the commission to find a way to fund the
32 City events which had been eliminated from next year's budget.
33
34 Marice Chael addressed the Commission regarding the
35 construction on SW 62nd Avenue, saying that on- street parking is
36 essential to accommodate future retail and urged the Commission
37 to review the design with the County.
38
39 Erin Jenkins, Coordinator for the South Miami Weed and Seed
40 Program addressed the Commission making some announcements, such
41 as a Family Day on September 27 at the Community Center to
42 encourage families to come together.
43
44 John Edward Smith announced that the 3rd season for Sommi
45 Art Night will begin October 8; Art Night is held on the second
46 Friday of the month from October through March and they are
47 recruiting Art Night ambassadors. About the special events, he
48 said that those events such as the Elve's Parade generate a lot
CITY COMMISSION MINUTES 3
September 21, 2010
1 of media attention and people come from all over and spend money
2 in the City.
3
4 Barbara Castellanos spoke in support of the Elve's Parade.
5
6 Dean Whitman referred to item no. 14 on the agenda. Mayor
7 Stoddard informed Mr. Whitman that the item would be pulled from
8 the agenda.
9
10 Barbara Acker who has coordinated the Elve's Parade for the
11 last 20 years said that she will volunteer her services due to
12 the economic situation faced by the City, and she asked the
13 Commission to give her the ok to move on with the printing
14 because it is already a little late to start with the program.
15
16 Sharon McCain said that every municipality is cutting
17 events. She then referred to trash seen downtown around the
18 residential area. She also urged the Commission to consider
19 putting the Farmers' Market downtown.
20
21 With no further speakers this section was closed.
22
23 3. Commission Reports, Discussion & Remarks (25 minutes)
24
25 Vice Mayor Newman said that SW 62nd Avenue is becoming
26 dangerous due to the construction, asking whether there could be
27 police presence there to prevent potential accidents.
28
29 Mayor Stoddard concurred with the Vice Mayor, adding that
30 he has heard from several residents who have expressed concern
31 about children crossing SW 62nd Avenue on their way to South
32 Miami Middle, particularly at SW 64L° Street.
33
34 Vice Mayor Newman clarified that the Commission did not
35 eliminate special events, but rather that we needed to come up
36 with different funding sources, saying that she is very pleased
37 to hear that Ms. Acker is volunteering her services this year to
38 coordinate the Parade. She then pledged $500 from the existing
39 budget towards the $2,500 needed and another $250 from the next
40 budget and $250 from her CRA expense account.
41
42 Dr. Mirabile asked the Finance Director to inform the rest
43 of the Commission as to the money that they have left in their
44 expense accounts so that they may advise the City Manager how
45 much they will be willing to donate towards the Elve's Parade
46 project.
47
CITY COMMISSION MINUTES 4
September 21, 2010
llaTt
1 In response to Mayor Stoddard's question regarding special
2 use status, Mr. Youkilis explained that a special use continues
3 if it isn't vacant for six months.
4
5 Mayor Stoddard then gave the following list of pending
6 requests to staff: 1) Replacement and some new "Welcome to South
7 Miami signs on our borders; 2) A sign at the parking lot at
8 Dante Fascell Park, warning people that they are in a high theft
9 area and not to leave valuables in the car; 3) A road repair
10 estimate in the CRA that we never got; 4) Never got an answer on
11 whether citizens may bring concealed weapons (with a permit)
12 into City Hall other than a police officer; 5) There is a series
13 of mud holes along Ludlam with a potential for mosquito
14 breeding; 6) There is some commercial exploitation of on- street
15 parking in the downtown area which needs to be taken care of.
16
17 Commissioner Harris reminded the Mayor about getting the
18 iodine tablets for the City.
19
20 In response to Vice Mayor Newman regarding the Future Land
21 Use Map for 62nd Avenue to the "Commercial Retail and Office
22 (Two- Story) " and what is the procedure for putting this land
23 use category in the Future Land Use Map, Mr. Youkilis explained
24 that this category is already in the Comprehensive Plan. Mr.
25 Vageline said that the item is being scheduled for the Planning
26 Board meeting in October, and it will then go to the City
27 Commission on October 5th for first reading and on October 19th
28 for the second reading.
29
30 Also in response to Vice Mayor Newman's question about
31 pulling item no. 14 from the agenda, Dr. Mirabile explained that
32 he wants to further review the matter in order to make sure
33 about what we actually agreed upon.
34
35 With no further comments this section was closed.
36
37 At this time the Mayor announced a 5- minute break.
38
39
40 (BEGINNING OF CONSENT)
!n
42 195 -10 -13229
43 5. A Resolution Of the Mayor and City Commission of the
44 City of South Miami, Florida concerning an application
45 pursuant to Land Development Code Section 20- 4.3(N) to
46 permit the installation of a banner over Sunset Drive
47 to promote the 39th Annual South Miami Art Festival
CITY COMMISSION MINUTES 5
September 21, 2010
m1a f t
1
an event sponsored by Chamber South to be held in
2
downtown South Miami on November 6 -7, 2010; providing
3
for an effective date. 3/5
4
(City Manager)
5
6
196 -10 -13230
7
6.
A Resolution of the Mayor and City Commission of the
8
City of South Miami, Florida, relating to budget;
9
authorizing an increase of $4,000.00 to account 608-
10
1910 - 521- 46 -80, State Forfeiture - Maintenance and
11
Outside Services; from account 608 - 0000 - 351- 10 -00,
12
State Forfeiture Confiscated Revenue for Fiscal Year
13
2009/10 of $23,261.00, providing an effective date. 3/5
14
(City Manager)
15
16
197 -10 -13231
17
7.
a Resolution of the Mayor and City Commission of the
18
City of South Miami, Florida, relating to budget;
19
authorizing a transfer of $2,000.00 from account 001-
20
1910 - 521 -4970, Employee Resting to account 001 -1910-
21
521 -5410, Memberships & Subscriptions; providing an
22
effective date. 3/5
23
(City Manager)
24
25
198 -10 -13232
26
8.
A Resolution of the Mayor and City Commission of the
27
City of South Miami, Florida, relating to budget;
28
authorizing a transfer of $4,980 from account
29
No.001.1320.513.4110, Communications and Freight
30
Postage, settlements to account No. 001- 1310 - 513 -3450,
31
City Managers Contractual Services; providing an
32
effective date. 3/5
33
(City Manager)
34
35
199 -10 -13233
36
9.
A Resolution of the Mayor and City Commission of the
37
City of South Miami, Florida, authorizing the City
38
Manager to disburse a sum in an amount not to exceed
39
$13,710.48 to Miami Dade Enterprise Technology Services
40
Department for radio and technological repairs and
41
services from account 001 -2100- 519 -4425, lease purchase
42
800 MHZ equipment, with a current balance of
43
$40,000.00; providing for an effective date. 3/5
44
(City Manager)
45
CITY COMMISSION MINUTES 6
September 21, 2010
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1. Wre t
Moved by Commissioner Beasley, seconded by Mayor Sto ar ,
the motion to approve the Consent Agenda passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
(END OF CONSENT)
RESOLUTION (S) PUBLIC HEARING (S)
10. A Resolution of the Mayor and City Commission of the
City of South Miami, relating to a request pursuant to
Section 20-3.4(b) (4) (b) of the Land Development Code
for Special Use Approval to locate a general restaurant
at 7301 SW 57 Court (Plaza 57 Building) within the
"SR(HD -OV)" Specialty Retail (Hometown District - Overlay
Zone); and providing an effective date. 4/5
(City Manager)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
At this time the speakers were sworn in.
Antonio Hevia, representing the applicant as an architect
addressed the Commission presenting the project.
Nisan Kazdin also representing the applicant addressed the
Commission offering to answer any questions.
At this time Mr. Vageline explained the revised survey
provided by the applicant indicates that there are actually more
parking spaces in the building than staff had thought; there are
262 parking spaces in the building plus 17 spaces outside for a
total of 279 spaces credited to the building, therefore, leaving
a surplus of two parking spaces.
Sharon McCain said that this restaurant will be too close
to a residential area; she showed concern with the parking and
with the music. She also said that a lot of these garages are
leasing monthly decals.
CITY COMMISSION MINUTES
September 21, 2010
7
1
2 Richard Mattaway, a principal of 7300 Investments which is
3 the owner of Plaza 57 management addressed the Commission with
4 regard to the questions on the stripping.
5
6 At this time Mr. Goldstein asked for clarification of the
7 correct legal name of the restaurant. Nadan, Inc. DBA with Lady
8 Marmalade Lounge & Cafe, as per Mr. Mattaway. Mr. Mattaway also
9 said that they will agree with the conditions recommended by
10 staff, and in addition to stripping they will be putting bumpers
11 at each parking spot.
12
13 Commissioner Palmer asked for clarification about possible
14 leases within the garage. Mr. Youkilis said that this happens in
15 parking garages where people lease out spaces but that they are
16 not supposed to.
17
18 Mayor Stoddard recommended a special condition requiring
19 that the applicant agrees to abide by the regulations contained
20 in the Land Development Code concerning not leasing spaces. He
21 also indicated that because it is immediately adjacent to a
22 residential building, that the south side of the Plaza 57
23 building would not appear to be a suitable place for outside
24 music.
25
26 Mayor Stoddard then summarized the conditions being
27 recommended on the floor: stripping the first floor; adding one
28 ADA space; closing the extra openings, and certification that
29 there is no leasing of parking spaces in either section of the
30 parking garage and that the owner is in compliance with the laws
31 and regulations of the City.
32
33 Vice Mayor Newman requested for staff to provide to the
34 Commission an inventory of how many spaces and what businesses
35 have actually purchased spaces in the various garages in the
36 City of South Miami.
37
38 Mr. Youkilis indicated that staff already has that list; he
39 said that there are five or six businesses that have agreements
40 to meet the required parking by leasing parking in another
41 location where surplus spaces are available.
42
43 After some discussion it was brought to the attention of
44 the Commission that there are some leases for individuals that
45 are not occupants of the building which would be in violation of
46 the City ordinance.
47
48 At this time Dr. Mirabile reminded the owner that they need
49 to provide staff with a listing of all entities, individuals or
CITY COMMISSION MINUTES 8
September 21, 2010
1 companies that have been provided with either weekly or monthly
2 parking spaces; then Code Enforcement will go for inspection;
3 after that, the owner will provide staff with a sworn and
4 notarized statement that these individuals have been contacted
5 and that the leases have stopped, and a letter from each one
6 stipulating the same.
7
8 At this time Mr. Goldstein, at the request of Commissioner
9 Beasley for clarification, said that a Commissioner doesn't have
10 a conflict by simply knowing somebody. This request was due to
11 certain comments and allegations from a speaker. There is a
12 conflict of interest when having some sort of a financial
13 interest. He said that he has asked Commissioner Beasley certain
14 questions and he is convinced that the Commissioner has no
15 financial interest in this transaction; therefore he is free to
16 vote on this item.
17
18 Moved by Mayor Stoddard, seconded by Vice Mayor Newman, the
19 motion to continue with this item at the next regular meeting
20 passed by a 5 -0 vote:
21
22 Commissioner Palmer: Yea
23 Vice Mayor Newman: Yea
24 Commissioner Beasley: Yea
25 Commissioner Harris: Yea
26 Mayor Stoddard: Yea
27
28
29 At this time the Commission unanimously voted to extend the
30 meeting after 11:00 p.m.
31
32
33 RESOLUTION (S)
34
35 200 -10 -13234
36 11. A Resolution of the Mayor and City Commission of the
37 City of South Miami, Florida, relating to budget;
38 authorizing a transfer of $107,000 from account No.
39 001 - 2100 - 519 -3457, settlements to account No. 001 -1500-
40 514 -3410, Litigation - Special Projects and Cost;
41 providing an effective date. 3/5
42 (City Manager)
43
44 Moved by Commissioner Beasley, seconded by Mayor Stoddard
45 to approve this item.
46
CITY COMMISSION MINUTES 9
September 21, 2010
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Tla fft!
Vice Mayor Newman pulled this item for clarification. Mr.
Riverol explained that enough money was being transferred in
order to pay the bills for the remainder of the fiscal year. Mr.
Goldstein said that he has reviewed the bills and that they look
normal.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
201 -10 -13235
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to attorney
fees; approving attorney fees for Squire Sanders and
Dempsey, LLP in the amount of $46,908.64; charging
account No. 001.1500.514.3410; and providing an
effective date. 3/5
(City Manager)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
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 Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
202 -10 -13236
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to attorney
fees; approving attorney fees for Squire Sanders and
Dempsey, LLP in the amount of $25,998.72; charging
account No. 001.1500.514.3410; and providing an
effective date. 3/5
(City Manager)
Moved by Commissioner Beasley, seconded by Commissioner
Palmer to approve this item.
CITY COMMISSION MINUTES
September 21, 2010
10.
2 With no further comments, the motion to approve this item
3 passed by a 5 -0 vote:
4
5 Commissioner Palmer: Yea
6 Vice Mayor Newman: Yea
7 Commissioner Beasley: Yea
8 Commissioner Harris: Yea
9 Mayor Stoddard: Yea
10
11 (This item was pulled from the Agenda)
12 14. A Resolution of the Mayor and City Commission of the
13 City of South Miami, Florida, authorizing the City
14 Manager to hire FirstSouthwest as the City's Financial
15 Advisor to analyze the City's financial position with
16 respect to bond re- financing; and providing an
17 effective date. (Deferred 9/07/10) 3/5
18 (City Manager
19
20 (This item was pulled from the Agenda)
21 15. A Resolution of the Mayor and City Commission of the
22 City of South Miami, authorizing the City Manager to
23 receive escrow monies from Larkin Community Hospital
24 relating to the construction of street closure
25 improvements on SW 70a' Street west of SW 62 Avenue;
26 authorizing the City Manager to hold such escrow monies
27 from Larkin Community Hospital subject to terms and
28 conditions hereinafter set forth; and providing an
29 effective date. 3/5
30 (City Manager)
31
32 Moved by Mayor Stoddard to take items no. 22 through 27 on
33 the agenda out of order (now items no. 16 through 21). Seconded
34 by Vice Mayor Newman, the motion passed by a 5 -0 vote:
35
36 Commissioner Palmer: Yea
37 Vice Mayor Newman: Yea
38 Commissioner Beasley: Yea
39 Commissioner Harris: Yea
40 Mayor Stoddard: Yea
41
42
43 ORDINANCE (S) FIRST READING
44
45 16. An Ordinance of the Mayor and City Commission of the
46 City of South Miami, Florida, relating to an amendment
CITY COMMISSION MINUTES
September 21, 2010
Ilayt,
1 to the South Miami Code of Ordinances Section 15C -1
2 entitled "Valet Parking Permits for Use of Public
3 Property" in order to remove a provision in Sec. 15C-
4 1(2) (b) which sets forth a specific rental fee for use
5 of public on- street curbside spaces; the rental fee to
6 be placed in the City's Permit Fee Schedule; providing
7 for severability; providing for ordinances in conflict;
8 and providing an effective date. 3/5
9 (City Manager)
10
11 Moved by Mayor Stoddard, seconded by Commissioner Palmer to
12 approve this item.
13
14 With no further comments, the motion to approve this item
15 passed by a 5 -0 vote:
16
17 Commissioner Palmer: Yea
18 Vice Mayor Newman: Yea
19 Commissioner Beasley: Yea
20 Commissioner Harris: Yea
21 Mayor Stoddard: Yea
22
23
24 17. An Ordinance of the Mayor and City Commission of the
25 City of South Miami, Florida, amending the text of the
26 South Miami Comprehensive Plan, by amending the
27 Comprehensive Plan Future Land Use Element in order to
28 adopt a new future land use map category entitled
29 "Mixed Use - Affordable Housing (Two story)" which in the
30 future could be applied to development projects
31 providing affordable housing units and commercial uses;
32 providing an effective date; providing for
33 severability, providing for ordinances in conflict; and
34 providing an effective date. 4/5
35 (City Manager)
36
37 Moved by Commissioner Beasley, seconded by Mayor Stoddard
38 to approve this item.
39
40 Mr. Youkilis explained that this and the following item are
41 related; this is putting a new land use category in the
42 Comprehensive Plan that could possibly be used in an area such
43 as Madison Square, and all units must be affordable housing and
44 they must occupy at list seventy -five percent of the gross floor
45 area. For purposes of this category, affordable housing is
46 defined as the low to moderate income segment of the affordable
CITY COMMISSION MINUTES 12
September 21, 2010
m1a t
1 housing group as defined by the U.S. Department of Housing and
2 Urban Development (HUD).
3
4 With no further comments, the motion to approve this item
5 passed by a 5 -0 vote:
6
7 Commissioner Palmer: Yea
8 Vice Mayor Newman: Yea
9 Commissioner Beasley: Yea
10 Commissioner Harris: Yea
11 Mayor Stoddard: Yea
12
13
14 18. An Ordinance of the Mayor and City Commission of the
15 City of South Miami, Florida, amending the Land
16 Development Code Section 20 -3.1 entitled "Zoning Use
17 Districts and Purposes" and amending Section 20- 3.3(D)
18 entitled "Permitted Use Schedule" and Section 20- 3.5(F)
19 entitled "Dimensional Requirements Multi- Family
20 Districts" in order to create a "MU -AH", Mixed Use -
21 Affordable Housing (Two story) Zoning Use District and
22 to describe the purpose of the district, set forth uses
23 permitted, and establish dimensional requirements, all
24 for a zoning use district which in the future could be
25 applied to development projects providing affordable
26 housing units and commercial uses; providing for
27 severability, providing for ordinances in conflict; and
28 providing an effective date. 3/5
29 (City Manager)
30
31 Moved by Commissioner Beasley, seconded by Mayor Stoddard
32 to approve this item.
33
34 With no further comments, the motion to approve this item
35 passed by a 5 -0 vote:
36
37 Commissioner Palmer: Yea
38 Vice Mayor Newman: Yea
39 Commissioner Beasley: Yea
40 Commissioner Harris: Yea
41 Mayor Stoddard: Yea
42
43 19. An Ordinance of the Mayor and City Commission of the
44 City of South Miami; Florida, amending the Land
45 Development Code Section 20- 3.5(E), entitled
46 "Dimensional Standards Single Family Districts" by
47 transferring all provisions related to two story single
CITY COMMISSION MINUTES 7.3
September 21, 2010
1 family structures to existing Section 20- 3.5(H),
2 entitled "Special dimensional and performance standards
3 for two -story single structure and two -story
4 additions "; and making technical adjustments to Section
5 20- 3.5(H); providing for severability; providing for
6 ordinances in conflict; and providing an effective
7 date. 3/5
8 (City Manager)
9
10 Moved by Commissioner Beasley, seconded by Mayor Stoddard
11 to approve this item.
12
13 With no further comments, the motion to approve this item
14 passed by a 5 -0 vote:
15
16 Commissioner Palmer: Yea
17 Vice Mayor Newman: Yea
18 Commissioner Beasley: Yea
19 Commissioner Harris: Yea
20 Mayor Stoddard: Yea
21
22 20. An Ordinance of the Mayor and City Commission of the
23 City of South Miami Florida, amending the Future Land
24 Use Map of the South Miami Comprehensive Plan by
25 changing the future land use category from Mixed -Use
26 Commercial Residential (Four Story) to Parks and Open
27 Space for the three properties identified as a part of
28 the Murray Park Community Center located at 5845 -5855
29 SW 68th Street and 6731 SW 58th Place, and legally
30 described as Lots 10 thru 12, Block 8, Townsite of
31 Larkins (Folio Nos. 09- 4025 - 028 -0900, 09- 4025- 028 -0910,
32 09- 4025- 028 - 0920); providing for severability;
33 providing for ordinances in conflict; and providing an
34 effective date. 4/5
35 (City Manager)
36
37 Moved by Commissioner Beasley, seconded by Mayor Stoddard
38 to approve this item.
39
40 With no further comments, the motion to approve this item
41 passed by a 5 -0 vote:
42
43 Commissioner Palmer: Yea
44 Vice Mayor Newman: Yea
45 Commissioner Beasley: Yea
46 Commissioner Harris: Yea
47 Mayor Stoddard: Yea
CITY COMMISSION MINUTES 14
September 21, 2010
1
2 21. An Ordinance of the Mayor and City Commission of the
3 City of South Miami Florida, amending the Future Land
4 Use Map of the South Miami Comprehensive Plan by
5 changing the future land use category from Single -
6 Family Residential (Two- Story) to Parks and Open Space
7 for the property identified as a part of the Murray
8 Park Community Center located at 5800 SW 66th Street
9 and legally described as Lot 1, Block 1, Larkins
10 Townsite (Folio. No. 09- 4025- 028 - 0010); providing for
11 severability; providing for ordinances in conflict; and
12 providing an effective date. 4/5
13 (City Manager)
14
15 Moved by Commissioner Beasley, seconded by Mayor Stoddard
16 to approve this item.
17
18 With no further comments, the motion to approve this item
19 passed by a 5 -0 voter
20
21 Commissioner Palmer: Yea
22 Vice Mayor Newman: Yea
23 Commissioner Beasley: Yea
24 Commissioner Harris: Yea
25 Mayor Stoddard: Yea
26
27
28 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
29
30 27 -10 -2052
31 22. An Ordinance of the Mayor and City Commission of the
32 City of South Miami, Florida, to amend Section 20 -3.3
33 (D) of the Land Development Code entitled "Permitted
34 Use Schedule" in order to change the Group Home I use
35 category from a "P" Permitted use category to the "S"
36 Special Use category; and amending Section 20 -3.4
37 entitled "Special use conditions" in order to set forth
38 general and special requirements applicable to Group
39 Home I uses; providing for severability; providing for
40 ordinances in conflict; and providing an effective
41 date. 3/5
42 (City Manager)
43
44 Moved by Mayor Stoddard, seconded by Commissioners Beasley
45 and Palmer to approve this item.
CITY COMMISSION MINUTES 15
September 21, 2010
PT
1
2 The public hearing was opened.
3
4 Sharon McCain said she was sorry that the residents of
5 Manor Lane were not present at the meeting. She said that the
6 area looks really run down and that the City needs to take a
7 look at it.
8
9 With no further speakers the public hearing was closed.
10
11 With no further comments, the motion to approve this item
12 passed by a 5 -0 vote:
13
14 Commissioner Palmer: Yea
15 Vice Mayor Newman: Yea
16 Commissioner Beasley: Yea
17 Commissioner Harris: Yea
18 Mayor Stoddard: Yea
19
20
21 28 -10 -2053
22 16. An Ordinance of the Mayor and City Commission of the
23 City of South Miami, Florida, to amend Section 20-
24 5.19(E)(3) of the Land Development Code entitled
25 "Certificates of Appropriateness" in order to modify
26 subsection (3) to provide that decisions of the
27 Historic Preservation Board on certificates of
28 appropriateness to be final; and providing for an
29 appeal of any decisions on certificates of
30 appropriateness to be made to the City Commission;
31 providing for severability; providing for ordinances in
32 conflict; and providing an effective date. 3/5
33 (City Manager)
34
35 Moved by Mayor Stoddard, seconded by Commissioner Palmer to
36 approve this item.
37
38 Commissioner Beasley recommended for staff to report back
39 to the Commission about decisions made by the Historic
40 Preservation Board and also by the ERPB which they may not
41 otherwise hear about because they will not be coming before
42 them.
43
44 With no further comments, the motion to approve this item
45 passed by a 5 -0 vote:
46
47 Commissioner Palmer: Yea
CITY COMMISSION MINUTES 16
September 21, 2010
1 Vice Mayor Newman: Yea
2 Commissioner Beasley: Yea
3 Commissioner Harris: Yea
4 Mayor Stoddard: Yea
5
6 17. An Ordinance of the Mayor and City Commission of the
7 City of South Miami, Florida amending the South Miami
8 Pension Plan, providing for an amendment to Section 16-
9 12, Definitions, to comply with current City policy
10 concerning the definitions of annual compensation,
11 final average compensation, department head, employee,
12 full time employee, participation and part -time
13 employee; amending Section 16- 14(f)(1)(b) to allow
14 retired participants to change a beneficiary up to two
15 times at the participant's cost in compliance with
16 Chapter 2009 -97, Laws of Florida; amending the City of
17 South Miami Police Officers Retirement Trust Fund to
18 provide for compliance with chapter 2009 -97, Laws of
19 Florida; amending Section 16 -17(b) to eliminate the 3%
20 interest payment on return of contribution; providing
21 for severability; providing for codification; and
22 providing for an effective date. 3/5
23 (City Manager)
24 (Deferred 8103110 & 9107110)
25 Moved by Mayor Stoddard, seconded by Commissioner Beasley
26 to approve this item.
27
28 The public hearing was opened.
29
30 Brad Cassel spoke about changes that needed to be made: on
31 page 3 of 9, line 14, the word "compensation" should be
32 "compensatory "; on line 26 of the same page, the word "over"
33 should be inserted before "32 "; and on line 32, it should read
34 "employees who work 32 hours or less ". On page 5 of 9, on line
35 10, need to strike the words "or an employee of the City ".
36
37 After some discussion regarding some of the language in the
38 ordinance the Mayor proposed to defer this item.
39
40 Moved by Mayor Stoddard, seconded by Vice Mayor Newman and
41 Commissioner Palmer, the motion to defer this item passed by a
42 5 -0 vote:
43
44 Commissioner Palmer: Yea
45 Vice Mayor Newman: Yea
46 Commissioner Beasley: Yea
47 Commissioner Harris: Yea
48 Mayor Stoddard: Yea
CITY COMISSION MINUTES 17
September 21, 2010
2 29 -10 -2054
3 18. An Ordinance of the Mayor and City Commission of the
4 City of South Miami, Florida, modifying chapter 13 of
5 the City Code to substitute the term Business Tax
6 Receipt for occupational license tax to conform with
7 the term used in Chapter 205 F.S.; providing for
8 severability, conflict and an effective date. 3/5
9 (City Manager)
10
11 Moved by Mayor Stoddard, seconded by Commissioner Beasley
12 to approve this item.
13
14 The public hearing was opened and closed with no speakers.
15
16 With no further comments, the motion to approve this item
17 passed by a 5 -0 vote:
18
19 Commissioner Palmer: Yea
20 Vice Mayor Newman: Yea
21 Commissioner Beasley: Yea
22 Commissioner Harris: Yea
23 Mayor Stoddard: Yea
24
25
26 RESOLUTION (S) PUBLIC HEARING (S)
27 (CONT'D)
28
29 203 -10 -13237
30 19. A Resolution of the Mayor and City Commission of the
31 City of South Miami, Florida, approving an employment
32 agreement between the City of South Miami and Hector
33 Mirabile, Ph.D the new City Manager; and providing an
34 effective date. 3/5
35 (Mayor Stoddard)
36
37 Moved by Commissioner Beasley, seconded by Vice Mayor
38 Newman to approve this item.
39
40 The public hearing was opened.
41
42 David Tucker Sr. addressed the Commission expressing
43 concern regarding some of the provisions in the employment
44 agreement.
45
CITY COMMISSION MINUTES 18
September 21, 2010
I Sharon McCain also spoke with concern about some of the
2 provisions in the employment agreement.
3
4 Brad Cassel said to be pleased with the choice of the
5 Commission selecting Dr. Mirabile; however, he said not to be
6 too happy with some of the terms of the agreement, saying that
7 the language should be clearer.
8
9 With no further speakers the public hearing was closed.
10
11 Commissioner Palmer said that she had a lot of problems
12 with the Employment Agreement as written; she said that there
13 are no conditions and that the way it is written, the City is at
14 the mercy of the City Manager.
15
16 Mayor Stoddard said that the expense issue is addressed by
17 the City Manager's account, and he said that he would like to
18 add the language.
19
20 Moved by Mayor Stoddard to amend the Employment Agreement
21 under Section 3.3 by adding "monthly expense reports shall be
22 provided to the Commission. Seconded by Vice Mayor Newman, the
23 motion passed by a 5 -0 vote:
24
25 Commissioner Palmer: Yea
26 Vice Mayor Newman: Yea
27 Commissioner Beasley: Yea
28 Commissioner Harris: Yea
29 Mayor Stoddard: Yea
30
31 At this time Dr. Mirabile said that he wished to recommend
32 a better alternative to the above amendment; he said that
33 normally expenses are approved by the superior, suggesting that
34 his expenses will be approved by the Mayor.
35
36 Mayor Stoddard at this time withdrew the above amendment.
37
38 Moved by Mayor Stoddard to amend the Employment Agreement
39 under Section 4.2.1 line 6 by adding: ...Employee shall review
40 such list within five (5) business days.... Seconded by Vice Mayor
41 Newman, the motion passed by a 5 -0 vote:
42
43 Commissioner Palmer: Yea
44 Vice Mayor Newman: Yea
45 Commissioner Beasley: Yea
46 Commissioner Harris: Yea
47 Mayor Stoddard: Yea
48
CITY COMMISSION MINUTES 19
September 21, 2010
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pmq
With some further comments, the motion to approve this item
as amended passed by a 4 -1 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
UNFINISHED BUSINESS
20. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida relating to the issuance
of a Certificate of Appropriateness pursuant to Section
20- 5.19(E) (3) of the Land Development Code to permit
new paving and fencing on a designated historic single
family building located at 6134 SW 56 Street (Miller
Drive)in the Cambridge Lawns Historic District;
providing an effective date. 3/5
(City Manager)
There being no further business to come before this Body,
the meeting adjourned at 12:03 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
September 21, 2010
20
Approved
Philip K. Stoddard
Mayor