11 City of South Miami
2 Regular City Commission Minutes
3 February 1, 2011
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CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, February 1, 2011, beginning at
7:11 p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, and,
Commissioners Velma Palmer, Brian D. Beasley and Walter A.
Harris.
Also in attendance were: City Attorney Laurence Feingold,
Deputy City Attorney Mark A. Goldstein, City Clerk Maria M.
Menendez and City Manager Hector Mirabile.
B. Moment of Silence: By Mayor Stoddard
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
Officer of the Year
Major Landa presented the 2010 Officer of the Year Award to
Detective Lisa King.
At this time Major Landa introduced Larkin's Hospital CEO
Sandy Sosa and Vice President and Support Services Daisy Baez
who presented Det. King with a $1,000 check. Det. King also
received a $100 gift certificate from Trattoria Sole Restaurant.
South Miami Gra
State Champions
, Ghost 145 lbs Football Team - National ;
The Team was presented with a plaque for their collective
effort in winning the National and State Championship, and
Commissioner Brian Beasley was also presented with a plaque for
his unconditional support throughout the season.
With no further presentations this section was closed.
CITY COMMISSION MINUTES
February 1, 2011
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llaTl
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2 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
3
4 1. Approval of Minutes
5
6 a) Minutes of January 18, 2011
7
8 Moved by Mayor Stoddard, seconded by Commissioner Beasley,
9 the approval of the minutes of January 18, 2011 as amended
10 passed by a 4 -1 vote:
11
12 Commissioner Palmer: Nay
13 Vice Mayor Newman: Yea
14 Commissioner Beasley: Yea
15 Commissioner Harris: Yea
16 Mayor Stoddard: Yea
17
18 2. City Manager's Report (25 minutes)
19
20 Annual Affordable Housing Report (2011) - Red Road
21 Commons (Deferred)
22
23 (See attached report)
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25 With some further comments the City Manager's Report ended.
26
27 3. City Attorney's Report
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29 Mr. Feingold referred to the issue with the grass parking
30 lot, indicating that Mr. Vageline has found a newspaper article
31 dating back to 1997 condemning the parking lot; another
32 newspaper article alleging that DERM asserted that the grass
33 parking lot was in fact polluted; he also found a memo from the
34 then Planning Director to the then City Manager, asserting that
35 this problem existed and that it would be cured any day.
36
37 Vice Mayor Newman at this time requested a copy of the DERM
38 report which could date back to 1997 or 2000 for the location of
39 SW 62nd Avenue and Sunset Drive to SW 70th Street.
40
41 At this time a motion was made by Commissioner Harris,
42 seconded by Commissioner Palmer to allow Ms. Beckman to come
43 back into the Chambers for public remarks, after she had been
44 asked to leave. The motion passed unanimously.
45
46 At this time the City Attorney's Report Continued.
47
CITY COMMISSION MINUTES 2
February 1, 2011
pnq
1 Mr. Feingold reported the confiscation of a 2004 Taurus by
2 the Police;
3
4 In the case of Christian Moya's claim for overtime pay,
5 Federal Judge Patricia Seitz has ordered a conference for March
6 9th.
7
8 City of South Miami /YMCA Lease Agreement
9
10 Mr. Feingold began by giving an overview of the origins of
11 the YMCA; he then explained that during the passed year, there
12 were meetings conducted by different City Managers and that he
13 believes that they got opposite messages in each of those
14 meetings. He then recommended taking the discussion of the YMCA
15 issues to a COW meeting before going into litigation. Mr.
16 Feingold then introduced Mr. Steven Rubin, counsel to the YMCA
17 to address the Commission; he also requested a COW on behalf of
18 the YMCA with regard to the Lease Agreement between the YMCA and
19 the City of South Miami. Mr. Feingold stated that if the COW
20 failed to produce results, it is his job to institute a lawsuit
21 against the YMCA which he would do. He concluded that it didn't
22 matter that the YMCA was a fine organization, and if in fact
23 they were in default they would be sued and they must comply.
24
25 Moved by Mayor Stoddard, seconded by Commissioner Beasley,
26 the motion to hold a COW regarding the Lease Agreement with the
27 YMCA, passed unanimously. No date was set at this time.
28
29 With no further comments, the City Attorney's Report ended.
30
31
32 PUBLIC REMARKS
33 (5 minutes)
34
35 David Tucker Sr. addressed the Commission about the
36 importance of abiding by the code of ethics and recommending
37 developing a plan of action towards achieving excellence and
38 peace. Mayor Stoddard responded to Mr. Tucker that his
39 recommendation is on his list.
40
41 Bob Welsh urged the Commission to air Code Enforcement
42 hearings for the benefit of the residents; he thanked staff for
43 holding the block meeting on Manor Lane; however, he said that
44 the majority of the neighbors do not trust South Miami Hospital.
45 He then referred to the old inspection station proposed project,
46 asking the Commission to remember that the citizens do not like
47 over development.
48
CITY COMMISSION MINUTES 3
February 1, 2011
1 At this time Mayor Stoddard informed the public that the
2 item on the agenda relating to the old inspection station
3 property had been substituted by a revised ordinance which would
4 be simply to look at the question of up- zoning the former
5 inspection station parcel from TODD LI -4 to TODD MU -5, and that
6 the site plan would not be included as part of this ordinance.
7
8 Reverend Robin Phillip Johns addressed the Commission
9 announcing that he is the new Pastor for St. John A.M.E. Church.
10
11 Yvonne Beckman referred to the illegal parking lot which
12 she said that residents have been complaining about it for the
13 past 14 years; she also referred to the proposed community pool
14 with concern about the operation cost which we do not know yet.
15
16 Some residents spoke in support of item no. 24, such as
17 Charlotte Dison, Sandra Cuellar, Marice Chael, Roxanne Scalia,
18 Oliver Von Gundlach, and Beth Schwartz who cautioned about being
19 careful as to height, density, and against making it available
20 for medical offices; others spoke against such as Rev. David
21 Walker, Enrique Neufeld and Jack Tyson. (The reason some names
22 may have been omitted here is because most of the speakers
23 failed to sign in)
24
25 Sharon McCain spoke regarding a request before the ERPB by
26 a property owned by the same people owning the illegal grass
27 parking lot; the issue was that they have been cited for doing
28 construction inside without a permit; however, she said that
29 this morning they were allowed to apply for a permit for
30 painting and signage. Among other things, she claimed that her
31 street, 58th Avenue was taken out of the Pinecrest Villas study
32 and they still need two speed bumps there.
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34 Dick Ward said that there are many good things happening in
35 the City regarding sports and that they need to be publicized
36 more.
37
38 Javier Banos referred to the YMCA property saying that it
39 looks really unappealing, and that we should consider getting
40 out of a bad deal contract and going into litigation if
41 necessary; he also requested an update for the traffic calming
42 project for the intersection of SW 42nd and SW 62nd Avenue;
43 regarding the proposed community pool he said that he would like
44 to see the plans in detail as far as operation costs; regarding
45 the proposed project for the old inspection site he said that it
46 should be looked into very carefully.
47
48 Jerry Proctor said that he was available for any questions
49 by the Commission on the Red Road Commons Annual Report. Dr.
CITY COMMISSION MINUTES 4
February 1, 2011
Mot,
1 Mirabile chose not to bring it up to the Commission at this
2 time.
3
4 John Edward Smith reminded the Commission about an issue he
5 brought up at the last meeting regarding the need for an
6 ordinance to control delivery trucks parking on Sunset Drive.
7
8 Ryan Bailine addressed the Commission on behalf of the
9 Carlisle Group regarding item no. 24. He then presented a
10 petition signed by a number of residents and commercial owners
11 in favor of the rezoning. Mr. Bailine then introduced Melissa
12 Harison who also addressed the Commission on behalf of the
13 Carlisle Group regarding the same item.
14
15 With no further speakers this section was closed and the
16 Mayor announced a five - minute recess.
17
18
19 4. Commission Reports, Discussion & Remarks (25 minutes)
20
21 Commissioner Harris
22 • Said that the Volksblast was very successful and that
23 this type of event encourages people to stay and eat
24 in our restaurants;
25 • Regarding a doggie park, he met with neighbors
26 immediately joining Dante Fascell Park - some are for
27 it and some against because of the potential for
28 noise; he will continue working towards this project;
29 • It is time to get the Charter Review Committee going.
30
31 Vice Mayor Newman
32 • Said there are a couple of residents on 63rd Avenue and
33 68th Street who are having issues with their water as
34 the result of the handling of the pipes in the
35 construction on 62nd Avenue - Acting Public Works
36 Department, Rudy de la Torre indicated that the Miami -
37 Dade County contact for that construction site is
38 Sylvia Perez and he has been in communication with her
39 in order to resolve the issue;
40 • Made reference to negative comments found in the
41 Community Newspaper - she said that the City Manager
42 has her full support and that he has accomplished a
43 great deal in the short time he has been here - she
44 said that instead of speaking about affordable
45 housing, the publisher of that newspaper, who happens
46 to be the president of the association for Lee Park
47 Condominium, should take better care of that place;
48 she also referred to other comments in said newspaper
CITY COMMISSION MINUTES 5
February 1, 2011
mof I
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talking about the Police Department preparing to do a
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sting; she then asked the City Attorney whether this
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type of comment in the newspaper puts the police in
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jeopardy - the Attorney agreed;
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•
Referring to the King Mango Parade, she said that it
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came as a surprise that they had a new home in South
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Miami - neither the Commission nor staff was informed
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about it and it is totally disrespectful.
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10
Commissioner
Palmer:
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•
Mentioned that she was surprised to find out that
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there is a new newspaper (The Observer) circulating in
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South Miami and that nobody had informed her about it
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- Dr. Mirabile said that the newspaper is a privately
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held entity and under the First Amendment they have
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the same rights and privileges as any other newspaper;
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they are not part of South Miami.
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19
Commissioner
Beasley:
20
•
Referred to resident Green Mitchell who recently
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celebrated his 102nd birthday;
22
•
There were also two funerals last week where two 102
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year old ladies passed away in South Miami - based on
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this experience, he said that he believes in giving
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people flowers while they are alive; therefore, he
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said that he would like to have some type of an event
27
honoring residents who are 90 years old or older, to
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hear their stories and their experience;
29 -
•
Last Saturday was the grand opening of the South
30
Miami Pharmacy which he attended in order to show
31
support for them as a new merchant in our City;
32
•
Attended the Grey Ghost Football Team banquet in
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Miramar, and congratulated them for winning the
34
championship; he also attended the Grand Opening of
35
the Farmers' Market, and the Tree Planting event at
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Dante Fascell Park;
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•
He is trying to get a committee together to schedule
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Black History Month events - urging those interested
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to contact Parks and Recreation Department or Erin
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Vickers;
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•
As the result of the survey that went out, the three
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items where residents showed most concern were:
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traffic calming, reducing taxes and public safety;
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•
He urged those workers in Commerce Lane not to listen
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to scare tactics because the proposed rezoning is not
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intended to result in anyone losing his /her job.
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48
Mayor
Stoddard:
CITY COMMISSION MINUTES 6
February 1, 2011
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slaTt!
• Resetting our calendar to move the COW meetings to
Thursdays so that they do not interfere with the
Planning Board meetings - suggested reviewing the
priorities at the next COW;
• It has been requested that any proceeds from the State
of the City go to Parks and Recreation Summer Camp
scholarships and the Strings Project - the Commission
agreed;
• Asked the Commission's support to request staff to
craft an ordinance defining floors, levels and stories
as the same thing; It was the opinion of Mr. Feingold
that the definition of a floor space, under our Code,
does not somehow or other exempt parking floors as not
being floors; the Commission agreed to have an
ordinance providing for this definition;
• Said that he wanted to address the Vice Mayor's
implication that he somehow decided that the King
Mango structure be in South Miami, "I didn't ", he
said;
• Said that we genuinely need a neighborhood charrette
on affordable housing concerns in the TODD, and what
sort of character and height we want to see in the
TODD; Vice Mayor Newman said that we are about to
start with the next EAR process and staff can only do
so much; she said that the charrette is a big
undertaking and in the end it is a waste of time
because in her experience, she said, recommendations
from the Citizens Report were ignored. Mayor Stoddard
said that he would be glad to meet with anyone
interested in discussing about the different issues.
With some further comments this section was closed.
At this time item no. 14 was pulled from the Consent
Agenda.
(BEGINNING OF CONSENT)
23 -11 -13337
5. A Resolution of the City Commission of the City of
South Miami, Florida, authorizing the City Manager to
execute a grant agreement with Miami -Dade County
Department of Human Services for a maximum amount of
$9,200 for the Senior Meals Program; providing for an
effective date. 3/5
(City Manager - Parks & Recreation Dept.)
CITY COMMISSION MINUTES
February 1, 2011
7
I Fa NO
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24 -11 -13338
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6.
A Resolution of the City Commission of the City of
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South Miami, Florida, authorizing the City Manager to
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execute and expend $9,200 to Construction Catering,
6
Inc., for the provision of weekend meals delivery to
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seniors who participate in the South Miami Senior
8
Center and /or seniors who live in the Senior complex
9
run by Miami -Dade County, and to be charged to the
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Senior Meals Program funded through Miami -Dade County
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Department of Human Services; providing an effective
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date. 3/5
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(City Manager - Parks & Recreation Dept.)
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15
25 -11 -13339
16
7.
A Resolution of the City Commission of the City of
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South Miami, Florida, authorizing the City Manager to
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execute a grant agreement with Miami -Dade County
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Department of Human Services for a maximum of $13,388
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for the After School House Program; providing for an
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effective date. 3/5
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(City Manager - Parks & Recreation Dept.)
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26 -11 -13340
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8.
A Resolution of the City Commission of the City of
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South Miami, Florida, authorizing the City Manager to
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expend $18,876 for Del Aguila Bus Service Inc., for
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the transportation from area schools for participants
29
of the After school House Program as described in the
30
Children's Trust grant agreement, and to be charged to
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the Children's Trust grant account number 106 -3500-
32
564 -3450; providing an effective date 3/5
33
(City Manager - Parks & Recreation Dept.)
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27 -11 -13341
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9.
A Resolution of the Mayor and City Commission of the
37
City of South Miami, Florida, authorizing the City
38
Manager to issue a work order for design and
39
construction administration services to T.Y. Lin
40
International I H.J. Ross for three Pinecrest Villas
41
traffic calming speed tables in an amount of
42
$11,540.00 to be charged to People's Transportation
43
Plan, Account Number 124.1730.541.3450; providing for
44
an effective date. 3/5
45
(City Manager - Public Works Dept.)
[:
CITY COMMISSION MINUTES 8
February 1, 2011
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(This item was withdrawn from the agenda)
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to the review
and acceptance of the Annual Report of the South Miami
Corporation (First National Bank of South Miami) on
their proposed "Project Sunset" located at 5750 Sunset
Drive; said report required by Section 27 of a
Development Agreement executed between the City of
South Miami and the South Miami Corporation by the
adoption of Ordinance No. 05 -05 -1827; and providing an
effective date. 3/5
(City Manager - Planning and Zoning Dept.)
28 -11 -13342
11. A Resolution of the Mayor and the City Commission of
the City of South Miami, Florida, declaring support for
the Florida Renewable Energy Tour (FARE) , and granting
permission to FARE to use our City's logo in promotion
of the tour; providing an effective date. 3/5
(Mayor Stoddard)
29 -11 -13343
12, A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to appraisal
services; approving fees for American Appraisal in the
amount of $15,600; charging account No. 001- 1330 -513-
4510; and providing an effective date. 3/5
(City Manager- Finance Dept.)
30 -11 -13344
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to extend the expiration date of the fiscal
year 2010 grant agreement amendment with Miami -Dade
County's Department of Housing and Community
Development (DHCD) for the CRA Street Lighting Project
from December 31, 2010 to December 31, 2011 and to
accept an additional $50,000, increasing the total
grant award amount to $170,000; and providing an
effective date. 3/5
(City Manager - Finance Dept.)
Moved by Commissioner Palmer, seconded by Commissioner
Beasley, the motion to approve the Consent Agenda passed by a 5-
0 vote:
CITY COMMISSION MINUTES
February 1, 2011
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
(END OF CONSENT)
RESOLUTION(S)
Yea
Yea
Yea
Yea
Yea
14. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, Co- Designating S.W. 62nd
Avenue, from S.W. 64u' Street to S.W. 72nd Street
(Sunset Drive) as Marshall Williamson Avenue; Directing
the City Manager to submit this Resolution to Miami -
Dade County and to take all other necessary actions to
carry out the purpose of this Resolution; and providing
an effective date. 3/5
(Commissioner Beasley)
Moved by Mayor Stoddard, seconded by Commissioner Harris to
approve this item.
Commissioner Beasley presented this item, sharing some of
the background history of this generous man.
Vice Mayor Newman reminded
designated after other individuals
Miami Mayor Paul Tevis.
that 62nd Avenue is already
such as former City of South
With some further comments, the motion to defer this item
passed by a 4 -1 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Nay
Commissioner Harris: Yea
Mayor Stoddard: Yea
31 -11 -13345
15. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing that the City
Manager request of the company Ocaquatics, Inc., also
CITY COMMISSION MINUTES
February 1, 2011
Iff
mof I
1 known as Ocaquatics Swim School, the top ranked
2 respondent for the Murray Park Community Pool Operator
3 Request for Proposals (REP) No. SM -FN 2010 -15,
4 participation and advice, specified per the RFP, as
5 part of the City's Design /Built Team for the
6 construction of the Murray Park Community Pool
7 resulting in a service agreement that shall be
8 negotiated for the management and operation of the
9 same, inclusive of all costs, and requiring no annual
10 fee from the City for the duration of the agreement's
11 term. 3/5
12 (City Manager - Parks and Recreation Dept.)
13
14 Moved by Commissioner Beasley, seconded by Mayor Stoddard
15 to approve this item.
16
17 Mayor Stoddard presented this item, briefly explaining the
18 proposal from Ocaquatics, pointing out that it will need some
19 changes.
20
21 Vice Mayor Newman asked the City Manager what would happen
22 if this company files for bankruptcy in three years and abandons
23 this project.
24
25 Dr. Mirabile said that during the period of time that the
26 pool operator is not effectively managing the operations, the
27 City assumes the responsibilities of managing the overall
28 operation until such time as a new RFP is submitted and a new
29 company is selected with the similar contractual arrangements.
30 At this time we do not have a cost analysis because the pool has
31 not been even designed.
32
33 Vice Mayor Newman questioned whether there could be a
34 potential for a liability that the City could not handle. Dr.
35 Mirabile said that there is that risk; however, after the first
36 year operation we have to go ahead and put a percentage risk in
37 there for the Commission's approval.
38
39 Dr. Mirabile clarified that this is just to make the
40 selection for the operator; the contract will be coming before
41 the Commission at a later date. He added that if the first one
42 fails, we can always go immediately to the second company which
43 submitted a similar proposal.
44
45 With some further questions, the motion to approve this
46 item passed by a 5 -0 vote:
47
48 Commissioner Palmer: Yea
CITY COMMISSION MINUTES 1 1
February 1, 2011
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Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Yea
Yea
Yea
Yea
32 -11 -13346
16. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida approving the Sustainable
South Miami Research Grant Pre - Application; providing
for an effective date. 3/5
(City Attorney)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Mr. Feingold said that the reason for which he is
supporting this resolution is because of the benefits that the
City will obtain as the result of this study at absolutely no
cost. He then introduced Professor Gustafson who briefly
addressed the Commission on what is called Sustainable Community
Initiatives.
Moved by Mayor Stoddard to extend the meeting after 11:00
p.m. Seconded by Commissioner Harris, the motion passed
unanimously.
At the conclusion of the discussion among the Commission,
Mayor Stoddard disclosed for the records that he works at the
University, but that there will be no money moving from the City
to either of the University departments involved; he asked Mr.
Feingold whether he would still have any conflict of interest in
this matter. Mr. Feingold said that there will be no conflict
for the Mayor; he then asked whether Dr. Read, Mayor Stoddard's
wife would get any remuneration as the result of this project.
The answer to this question being no, Mr. Feingold declared that
the Mayor would have no conflict.
With some further comments, the motion to approve this item
passed by a 5 -0 vote:
CITY COMMISSION MINUTES
February 1, 2011
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
12
BT29
1 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
2
3 06 -11 -2079
4 17. An Ordinance of the Mayor and City Commission of the
5 City of South Miami, Florida, relating to a request to
6 amend the official zoning map of the City of South
7 Miami Land Development Code by changing the zoning use
8 district from "RS -3" Low - Density Residential Zoning
9 Use District to "PR" Parks and Recreation Zoning Use
10 District for the property identified as Van Smith Park
11 located at 7800 SW 59 Avenue (Folio No. 09- 4036 -039-
12 0020 and Folio No. 09- 4036- 039 - 0025) ; providing for
13 severability; providing for ordinances in conflict;
14 and providing an effective date. 3/5
15 (City Manager- Planning Dept.)
16
17 Moved by Commissioner Beasley, seconded by Mayor Stoddard
18 to approve this item.
19
20 At this time Mr. Feingold explained that this and the
21 following second reading ordinances are just correcting mistakes
22 of the past; for instance, Van Smith Park should not have been
23 low- density residence zoning; therefore, he said that it would
24 be fine to have one public hearing for all of them.
25
26 At this time the Mayor opened the collective public hearing
27 for this and the following second reading ordinances.
28
29 Sharon McCain spoke on items 17 and 18. She said that when
30 item no. 17 was brought up at a previous meeting, it was
31 postponed because residents from Pinecrest Villas had raised
32 many complaints about the park claiming that the City was not
33 doing anything to improve the park. On item no. 18 she said that
34 the proposed walking path has not been installed and she wanted
35 to know where the grant money has gone.
36
37 Charlotte Dison said that his family donated money to the
38 Trust for Public Land, and that she also sold the property at a
39 very low price to the City. She said that she considered that it
40 was very important that this land be available for children and
41 families in the neighborhood to enjoy.
42
43 John Edward Smith said that perhaps it would be nice to
44 also honor all men and women who have served in wars and who are
45 still alive.
46
47 With no further speakers, the public hearing was closed.
CITY COMMISSION MINUTES 13
February 1, 2011
italffl
1
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
12 07 -11 -2080
13 18. An Ordinance of the Mayor and City Commission of the
14 City of South Miami, Florida, relating to a request to
15 amend the official zoning map of the City of South
16 Miami Land Development Code by changing the zoning use
17 district from "RS -3" Low - Density Residential Zoning
18 Use District to "PR" Parks and Recreation Zoning Use
19 District for the property identified as Dison Park
20 located at 8051 SW 58 Avenue (Folio No. 09- 4036 -000-
21 0520); providing for severability; providing for
22 ordinances in conflict; and providing an effective
23 date. 3/5
24 (City Manager- Planning Dept
25
26 Moved by Commissioner Beasley, seconded by Mayor Stoddard
27 to approve this item.
28
29 With no further comments, the motion to approve this item
30 passed by a 5 -0 vote:
31
32 Commissioner Palmer: Yea
33 Vice Mayor Newman: Yea
34 Commissioner Beasley: Yea
35 Commissioner Harris: Yea
36 Mayor Stoddard: Yea
37
38
39 08 -11 -2081
40 19. An Ordinance of the Mayor and City Commission of the
41 City of South Miami, Florida, relating to a request to
42 amend the official zoning map of the City of South
43 Miami Land Development Code by changing the zoning use
44 district from "RS -3" Low - Density Residential Zoning
45 Use District to "PR" Parks and Recreation Zoning Use
46 District for the property identified as All America
47 Veterans' Memorial Park located at 6820 SW 64 Avenue
CITY COMMISSION MINUTES 14
February 1, 2011
Isayt
I (Folio No. 09- 4025 - 000 - 0430); providing for
2 severability; providing for ordinances in conflict;
3 and providing an effective date. 3/5
4 (City Manager- Planning Dept.)
5
6 Moved by Commissioner Beasley, seconded by Mayor Stoddard
7 to approve this item.
8
9 With no further comments, the motion to approve this item
10 passed by a 5 -0 vote:
11
12 Commissioner Palmer: Yea
13 Vice Mayor Newman: Yea
14 Commissioner Beasley: Yea
15 Commissioner Harris: Yea
16 Mayor Stoddard: Yea
17
18
19 09 -11 -2082
20 20. An Ordinance of the Mayor and City Commission of the
21 City of South Miami, Florida, relating to a request to
22 amend the official zoning map of the City of South
23 Miami Land Development Code by changing the zoning use
24 district from "RS -4" Single Family Residential Zoning
25 Use District to "PR" Parks and Recreation Zoning Use
26 District for the property identified as a part of the
27 Murray Park Community Center located at 5800 SW 66th
28 Street and legally described as Lot 1, Block 1,
29 Larkins Townsite (Folio No. 09- 4025 - 028 - 0010);
30 providing for severability; providing for ordinances
31 in conflict; and providing an effective date. 3/5
32 (City Manager- Planning Dept.)
33
34 Moved by Commissioner Beasley, seconded by Mayor Stoddard
35 to approve this item.
36
37 With no further comments, the motion to approve this item
38 passed by a 5 -0 vote:
39
40 Commissioner Palmer: Yea
41 Vice Mayor Newman: Yea
42 Commissioner Beasley: Yea
43 Commissioner Harris: Yea
44 Mayor Stoddard: Yea
45
46 10 -11 -2083
CITY COMMISSION MINUTES is
February 1, 2011
1 21. An Ordinance of the Mayor and City Commission of the
2 City of South Miami, Florida, relating to a request to
3 amend the official zoning map of the City of South
4 Miami Land Development Code by changing the zoning use
5 district from "LO" Low - Intensity Office Zoning Use
6 District to "PR" Parks and Recreation Zoning Use
7 District for property identified as a part of the
8 Murray Park Community Center located at 5845 -5855 SW
9 68th Street and 6731 SW 58th Place, and legally
10 described as Lots 10 thru 17, Block 8, Townsite of
11 Larkins (Folio Nos. 09- 4025 - 028 -0900, 09- 4025 -028-
12 0910, 09- 4025 - 028 - 0920) ; providing for severability;
13 providing for ordinances in conflict; and providing an
14 effective date. 3/5
15 (City Manager - Planning Dept.)
16
17 Moved by Commissioner Beasley, seconded by Mayor Stoddard
18 to approve this item.
19
20 With no further comments, the motion to approve this item
21 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
30 11 -11 -2084
31 22. An Ordinance of the Mayor and City Commission of the
32 City of South Miami, Florida, relating to a request to
33 amend the official zoning map of the City of South
34 Miami Land Development Code by changing the zoning use
35 district from "PI" Public /Institutional Zoning Use
36 District to "RS -3" Low- Density Residential Zoning
37 Use District for the property identified as the Rothan
38 Residence located at 7435 SW 66 Avenue (Folio No. 09-
39 4036 - 050 - 0020) ; providing for severability; providing
40 for ordinances in conflict; and providing an effective
41 date. 3/5
42 (City Manager - Planning Dept)
43
44 Moved by Commissioner Beasley, seconded by Mayor Stoddard
45 to approve this item.
46
CITY COMMISSION MINUTES 16
February 1, 2011
1 With no further comments, the motion to
2 passed by a 5 -0 vote:
3
4
Bnq
approve this item
5 RESOLUTION (S) PUBLIC HEARING (S)
6
7 33 -11 -13347
8 23. A Resolution of the Mayor and City Commission of the
9 City of South Miami, Florida, authorizing the City
10 Manager to expend $17,433.00 for the purchase of
11 Granicus Solution, charging account No. 001- 1200 -512-
12 3450 (Contractual) and to enter into a three -year
13 Service Agreement with Granicus, Inc., a sole source,
14 to facilitate streaming and distribution of live and
15 archived digital media content; and providing an
16 effective date. 3/5
17 (City Manager - City Clerk)
18
19 Moved by Commissioner Beasley, seconded by Mayor Stoddard
20 to approve this item.
21
22 Mayor Stoddard asked the City Attorney for clarification on
23 section 4.2 (Restrictions) under the Agreement; he asked whether
24 we will be responsible for censoring objectionable language from
25 the recording. Mr. Feingold said that he does not think that we
26 should censor a public record even if it is offensive language.
27
28 At this time Granicus Representative, Jack Melnicoff who
29 was present in the audience clarified some questions for the
30 Commission. He said that the program is not intended to replace
31 paper completely at the moment and that this is the first step
32 to reach that goal in the future.
33
34 Mr. Feingold asked Mr. Melnicoff whether we could change
35 section 10.2 (Governing Law) to read that "The Laws of the State
36 of Florida shall govern the validity..." It now reads "the Laws of
37 the State of California..." Mr. Melnicoff had no objection to this
38 change. This will be considered a scrivener's error.
39
40 At this time the public hearing was opened.
41
42 Sharon McCain asked for some further clarification
43 regarding the program and its capability.
44
45 With no further speakers the public hearing was closed.
46
47 With no further comments, the motion to approve this item
48 passed by a 5 -0 vote:
CITY COMMISSION MINUTES 17
February 1, 2011
m1a I
2 Commissioner Palmer: Yea
3 Vice Mayor Newman: Yea
4 Commissioner Beasley: Yea
5 Commissioner Harris: Yea
6 Mayor Stoddard: Yea
7
8
9 ORDINANCE (S) FIRST READING
10
11 24. An Ordinance of the Mayor and City Commission of the
12 City of South Miami, Florida, relating to a request to
13 amend the official zoning map of the City of South
14 Miami Land Development Code by changing the zoning use
15 district from "TODD (LI -4) "Transit Oriented
16 Development District (Light Industrial -4) to "TODD
17 (MU -5) "Transit Oriented Development District (Mixed
18 Use -5) for the property located at 5890 SW 69th
19 Street (Folio No. 09- 4025- 028 -2070) also known as the
20 Vehicle Inspection Station site; providing for
21 severability; providing for ordinances in conflict;
22 and providing an effective date. 5/5
23 (City Manager- Planning Dept.)
24
25 Moved by Commissioner Beasley, seconded by Mayor Stoddard
26 to approve this item.
27
28 At this time Mr. Vageline presented the item.
29
30 Vice Mayor Newman said that we need responsible development
31 in the City. She said that in order to do something with this
32 property they have to rezone it. She then recommended an
33 amendment to cap it at five stories, with no bonuses.
34
35 At this time Mr. Greer addressed the Commission regarding
36 clarification on the question of tax credits. He said that with
37 the five stories they will no longer qualify for the highest
38 designation, which is the highrise designation under the tax
39 credit cycle; they would not be able to apply for as much money
40 and the project would be much less competitive. The highrise
41 definition would be seven stories including parking (five
42 stories residential and two for parking).
43
44 The Commission discussed the proposed ordinance focusing on
45 the height.
46 Mayor Stoddard asked staff for clarification regarding a
47 request for variance in the event the zoning is not changed. Mr.
CITY COMMISSION MINUTES 18
February 1, 2011
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slaTt!
Vageline said that building height is one of the categories
where a variance can be considered.
Commissioner Beasley said that this item should had been
advertised in order to be consistent with a City Attorney's
previous opinion dealing with a similar issue.
With some further comments, the motion to approve this item
failed by a 3 -2 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Nay
Mayor Stoddard: Yea
ORDINANCE (S) FIRST READING
(NONE)
There being no further business to come before this Body,
the meeting adjourned at 12:00 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
February 1, 2011
Approved
Philip K. Stoddard
Mayor