07.28.09 minutesCity of South Miami
Regular City Commission Minutes
July 28, 2009
CALL TO ORDER:
The City Commission of the City of South Miami, Flo
in regular session on Tuesday, July 28, 2009, beginning
P.M., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following
members of the City Commission
were
Vice Mayor Brian D. Beasley, and, Commissioners Velma
Valerie Newman and Lew Sellars.
Also in a
Clerk Maria M.
Mayor Horace G. Feliu was
rida met
at 7:35
present:
Palmer,
absent.
ttendance were: City Attorney Luis Figueredo, City
Menendez and City Manager Ajibola Balogun.
B. Invocation:
Sellars.
The invocation was delivered by Commissioner
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations (s )
(NONE)
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
(The minutes for 7/21/09 will be on the 8/04/09 agenda)
2. City Manager' s Report ( 2 5 minutes)
• Additional Grant Award received
pool .o ( Red Folder Info)
• FPL expert's information
(Red Folder Info)
for Murray Park swimming
on electric and magnetic fields,
• Commission' s request during Insurance Workshop - July
21, 2009; (Red Folder Info)
CITY COMMISSION MINUTES 1
July 28, 2009
With no further comments the City Manager's Report ended.
3 . City Attorney' s Report (15- minutes)
At the request of Commiss
provided a report on the YMCA
requirements was for the YMCA
determine whether or not to
I
oner Newman, Counselor Figueredo
contract. He said that one of the
to conduct a feasibility study to
bring a whole new facility. The
Exhibit requires that certain repairs take place, and the pool
repairs in fact did take place. The remainder of the repairs
would be to a structure that no longer exists; so the real issue
,is that the contract provides that the YMCA maintain the original
recreational facilities that were there in good repair. Those
facilities were impacted by a storm event; they have had some
conflict with their insurance carrier; their attorney has
promised to have answers for us this week on the status of the
repairs. Counselor said that he has sent
the City Manager's request several week
identify whether or not they intend
a demand letter under
s ago asking them to
to abandon the facility
because there is nothing going on, and their
they have not abandoned the
that they are under a lease a
more than just simply leave t
Commissioner Newman sal
there were $200,000 given to
Homestead and one in North Mi
here in the City. She said
rescinding that contract it w
so.
Counselor Figueredo co
response is that
Eacility. Counselor has advised them
greement which requires that they do
its present position.
he facility in
d that she had been informed that
two YMCAs, to improve facilities in
ami, and nothing for the one located
that if we are in a position of
ould be very wise for the City to do
ncurred with Commissioner Newman;
however, he said that our burden is to show that they have
received the insurance proceeds and that they have failed to act
I
n good faith.
With no further comments the City Attorney's Report ended.
ORDINANCE (S) FIRST READING
4. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20 -5.8 (C) ENTITLED "SPECIAL
USE APPROVAL: EXPIRATION OF SPECIAL USE APPROVALS" IN
ORDER TO MODIFY AND CONDITIONS UNDER WHICH A SPECIAL
USE APPROVAL WILL LAPSE; AND TO CREATE A SUBSECTION (G)
CITY COMMISSION MINUTES 2
July 28, 2009
ENTITLED "ABAiNDONMENT OF SPECIAL USE" PROVIDING A
MAXIMUM TIME PERIOD AFTER WHICH A SPECIAL USE WILL BE
CONSIDERED ABA14DONED ; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE
DATE. (Deferred 611 6109) 3/5
(City Manager)
Moved by Vice Mayor Beasley, seconded by Commissioner
Sellars to approve this item.
Mr. Youkilis presented this item, explaining the proposed
technical amendment that : a special use would loose i is on -going
special use classification if the use failed to be operational or
was abandoned for a period of six months or more. Another
amendment was proposed, providing that: an approved special use
shall lapse after six months if no building permit is a�
lied for
or certificate of occupancy has been issued for such use
the city commission has not specified a longer
for good cause.
to ai
utili
appli
permi
langu
argue that a demolition
because they can't get
demolish first.
C
Jf
z
c
t
0
i
a
.
mmission
to the
ng the
nt would
Sellars asked as to
proposed language
special use.
not be using
approval
and if
period
whether it would be advisable
the words. is applied for...
He wants
"demo" w
to make sure that an
ork in order to pull a
Counselor Figueredo said that he is not sure about the
age "implement" suggested by Mr. Youkilis since a lawyer can
permit implements a special use as well
to the construction permit if they don't
Mr. Vageline then
building permit" that is
recommended
used when a
"master building permit" could be the
the goal of the special use.
Counselor concurred.
the
prof
one
language of "master
ect has begun; so the
closest to achieving
Mr. Balogun suggested bringing back suggestions to second
reading of this ordinance.
Commissioner Newman asked for clarification
not adding the
accomplish the
language "is applied
same thing as adding
as to w
for" to subsection "C"
said language.
Moved by Commissioner, seconded by Vice
remove : "is applied for ". The motion passed by a
CITY COMMISSION MINUTES 3
July 28, 2009
Nether
would
Mayor Beasley to
4-O vote :
CITY COMMISSION MINUTES 4
July 28, 2009
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RELATED TO THE VOTE REQUIREMENT OF THE CITY COMMISSION
ON ORDINANCES AND RESOLUTIONS PERTAINING TO THE LAND
USE AND DEVELOPMENT REGULATIONS WHICH WILL BE
CONSISTENT WITH THE CHARTER AMENDMENT ADOPTED NOVEMBER
41 2008; PROVIDING FOR SEVERABILITY ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Vice Mayor Beasley,
Sellars to approve this item.
Mr.
Youkilis presented
ordinance was brought about by
seconded
this item, expla
the need to make
of the Land Development Code matches
the voters in November of 2008.
Commissioner Newman
regarding the requirements
with what
by Commissioner
fining
that
was
asked for further
for a five-fifth vote.
that this
the section
approved by
clarification
Counselor Figueredo explained that we already have
provisions in our Code to deal with variances and special
exceptions and that stays at f our - f i f the . The f ive - f i f the i s
applied when changing the existing regulations to make them less
restrictive, not when applying the existing regulations. A
variance is an application of a regulation.
Counsel
itself does
required to
a special
regulations,
is taking s
Code —that is
or Figueredo also explained that the actual language
make a distinction. "a four -fifth vote would be
apply current land use ", that would be a variance or
exception; to amend the Code, to change the
for example, adding a new land use designation —that
omething that doesn't exist and putting it in the
five - fifths and it is an amendment.
Commissioner Sellars said that he would like to
definition of development regulations.
At this time Commissioner
comfortable voting for this
Commission meeting of July 29,
see a
Newman said that she did not feel
and requested copy of the City
2008.
With some further comments, the motion to approve this item
passed by a 4 111110 vote.
CITY COMMISSION MINUTES
July 28, 2009
Commissioner Palmer.
Vice Mayor Beasley:
Commissioner Newman.
Commissioner Sellars.
Mayor Feliu.
5
Yea
Yea
Yea
Yea
Absent
1
2
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PUBLIC REMARKS
( 5 minutes)
David Tucker Sr. addressed the Commission about
history relating to the Mayflower pilgrims and
Constitution they wrote about 489 years ago.
a piece of
the first
Beth Schwartz said to be confused about the votes on the EAR
item on the agenda.
Counselor Figueredo explained
change —the land use designation —that
restrictive and it
there is a motion to
that because of the
I
s an amendment that
is currently in the EAR; if prior
take that
passes, then the vote becomes
out and the Vice Mayor's
a four -firth one.
Charter
is less
to that
ordinance
Ms. Schwartz then urged the Commission to approve item no.
16 on the agenda relating to Commissioner Newman's legal fees.
Dick Ward addressed
"Y" regarding the grants
area; about the swimming
to have a swimming pool s
be budget problems every
the Commission to give sE
resolution applying for t
Commissioner Newman's concern about the
going to other areas and none to this
pool, he said that we have been trying
ince the 1960s but there always seems to
time we get close to it. He then urged
m2rious consideration about approving the
he grant towards the pool.
Bob Welsh suggested having a workshop on the pool.
Walter
explanation
the f ive -f i
has
Comm
also
Harris said that he was
provided earlier on the
fth vote requirement.
somewhat confused about the
Charter amendment regarding
Eda Harris asked the City Attorney about how much time he
spent regarding the litigation between the City Manager and
issioner Newman and if this is part of his job. Ms. Harris
referred to the 60 unit issue related to the EAR.
Counselor said that litigation is always separate under his
contract, and every entry, including a description, will be
reflected in detail on his bills.
With no
closed.
further speakers
CITY COMMISSION MINUTES
July 28, 2009
the
n
public remarks
section was
At this time Comi
POW
m
school; she said that j
evaluation, she met witl
trying to get informat
ssioner Palmer spoke about the charter
ust by chance, and during training for
Z the coordinator of the charter school
I
on as to how to contact the region
director. She said that she did not know that this is an
independent business, and the only function of the school board
is to host the charter schools and make sure that certifications
are in order and that curriculum is followed. However, as far as
jobs, salaries and so on, they are not responsible and the
superintendent has nothing to do with it.
at
there
does
have
would
Vice Mayor Beasley said that he attended a meeting last week
Le
wa
not
to
li
�ounty
s about
unders
come be
ke to ki
Commi s
appro
tand A
fore t
Plow if
sioners office and one
ving charter schools; t
rhy this charter school
he Commission for appro
there is any reason why
of the discussions
herefore, he said he
in our City did not
val. He said that he
this charter school
did not come here for approval.
Counselor Figueredo said he will do the
charter school.
research on the
Commissioner Newman regarding the charter school said that
according to the website, each school has a maximum cap for
students; however, this particular school in South Miami has
1,650 students that they can accommodate. She said that she is
ents
does
not
City
I
nch
quite sure how that number of stud
in terms of traf f is and that it
of green space.
Commissioner Newman also regarding
said that she understands that they are
houses on Sunset Drive, and that this is
is going to impact
not seem to have
the charter school,
running businesses out
a concern as well.
the
one
she
of
Commissioner Palmer informed that there is a department
downtown to be contacted for further information regarding
charter schools and the telephone number is 305 - 995 -1000.
Commissioner
Newman asked for acclamation
Commission agreeing that this charter school should
our facilities at the Community Center.
Commissioner Palmer said
herself to that yet until we
acting within their rights.
Counselor
we cannot deny
in an official
we could limit
f rom the
not be using
that she did not want to commit
clarify whether or not they are
Figueredo concurred with
people access to public
school capacity, that is
specific access and use
CITY COMMISSION MINUTES 7
July 28, 2009
Commissioner Palmer since
parks. If they are there
a different scenario, but
of the facility.
Mr. Balogun addressed Commiss
some properties on Sunset Drive
business activity going on.
the residents next door and
we can and can't do by law.
that in order to consider
need whatever the community
loner Newman 's comments about
where it seems to be some
He said that staff had a meeting with
City Attorney Boutsis explained what
He said that the attorney explained
that there is a
can bring
violation, we would
forward to confirm, or to
have something notarized by someone who witnessed
is being conducted within those properties.
At this
t items
ti
Consent Agenda (now nos.
no. 7
12 and
and
13)
that business
no 10 were pulled from the
CONSENT
117 -09 -12926
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA REQUESTING FOR MIAMI -DARE
COUNTY TO PROVIDE INFRASTRUCTURE IMPROVEMENTS AT THE
INTERSECTION OF SW 56 TI STREET AND SW 62' AVENUE*
PROVIDING FOR AN EFFECTIVE DATE.
(City Manager)
3/5
118 -09- 12927
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,
2009/2010 FISCAL YEAR
FLORIDA,
RELATING TO THE CITY'S
BUDGET; ADVISING THE
COUNTY PROPERTY APPRAISER OF ITS PROPOSED
OF 5.2790 MILLS; ITS ROLL -BACK RATE
MIAMI -DADE
MI LLAGE RATE
OF 5.6140;
ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE
PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING
AN EFFECTIVE DATE. 3/5
9. A RESOLUTION OF THE
(City Manager)
119 -09 -12928
MAYOR AND CITY COMMISSION OF
CITY OF SOUTH MIAMI FLORIDA
COMMITTEES ;
APPOINTING WALTER
COMMUNITY RELATIONS
JULY 27,
moor •-
RELATING TO BOARDS
HARRIS TO SERVE ON
THE
AND
THE
A TWO -YEAR TERM ENDING
2011; AND PROVIDING AN EFFECTIVE DATE.
(Mayor Feliu)
120 -09 -12929
CITY COMMISSION MINUTES 8
July 28, 2009
3/5
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING BRENDA YATES TO SERVE ON THE
GREEN TASK FORCE FOR AN UNEXPIRED TERM ENDING DECEMBER
31 2009; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
121 -09 -12930
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING MARICE CHAEL TO SERVE ON THE
GREEN TASK FORCE, FOR AN UNEXPIRED TERM ENDING DECEMBER
31 2009; AND PROVIDING AN EFFECTIVE DATE.
(Mayor Feliu)
Moved by Vice Mayor Beasley, seconded
Sellars, the motion tot approve the Consent Agenda
vote*
Commissioner Palmer.
Vice Mayor Beasley:
Commissioner Newman.
Commissioner Sellars.
Mayor Feliu:
RESOLUTION (s)
3/5
by Commissioner
passed by a 4 -0
Yea
Yea
Yea
Yea
Absent
122 -09 -12931
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A FIVE (5 ) YEAR INTERLOCAL
AGREEMENT WITH MIAMI -DARE COUNTY FOR ROUTINE CANAL
MAINTENANCE FOR THE LUDLAM GLADES AND BROAD CANALS FOR
AN AMOUNT OF $38,902 ANNUALLY, TO BE FUNDED FROM THE
STORMWATER TRUST FUND ACCOUNT NUMBER 111- 1730 - 541 -6491;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Palmer,
Sellars to approve this item.
Commissioner Sellars
we verified the numbers
Agreement way with Miami
CITY COMMISSION MINUTES
July 28, 2009
said that
to ensure
Dade County
9
seconded by Commissioner
he wanted to make sure that
that going the Interlocal
makes the most sense for us.
Mr. Balogun
particularly for
said that it
the equipment,
absolutely makes sense
which for lust one
cleaning would cost more than what we are
then addressed all of Commissioner
this.
Mr. Olivo explained
because we both have
paying one
for us,
event of
t ime . He
Sellars' questions regarding
that thi s i s good to go with
to be in together since
unincorporated Miami -Dade that drains
from our jurisdiction; therefore, we
through this exercise.
With
some
passed by a 4 111110
I
nto this canal,
rather have the
the County
they have
as well as
County go
f urthe r comments, the motion to approve this item
vote:
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman.
Commissioner Sellars.
Mayor Feliu:
13. A RESOLUTION OF THE MAYOR AND
CITY OF SOUTH MIAMI, FLORIDA,
Yea
Yea
Yea
Yea
Absent
CITY CONIlMISSION OF THE
AUTHORIZING THE CITY
MANAGER TO RENEW THE CONTRACT WITH AVMED HEALTHCARE TO
PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH MIAMI
FULL TIME EMPLOYEES PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Vice Mayor Beasley, seconded by Commissioner Palmer
to approve this item.
Commissioner Palmer said that we are presented with
different policies, and based on the surveys among employees they
appear to be satisfied with what they have.
Ms. Navarro explained that when the insurance committee met
they agreed to stay with AVMED, to renew at 4.2 percent. When we
did the survey we went through several employees, and based on
that survey there were only 39 at that point that are selected
for dependent coverage.
Commissioner Palmer asked that if we are thinking of
covering dependents, how we would raise that money and how it
would impact the budget.
Mr. Balogun said that as with every other issue, we will
have to debate this during the budget process.
CITY COMMISSION MINUTES 10
July 28, 2009
Moved by Commissioner Sellars, seconded
Beasley, the motion to defer this item passed by
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman.
Commissioner Sellars.
Mayor Feliu.
( The next couple of items were voted
by
a 4 -0
Yea
Yea
Yea
Yea
Vice
vote
Absent
Mayor
to move out of order)
ORDINANCE (S) SECOND READING PUBLIC NEARING (S)
13 -09 -2005
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH
MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENT
AUGUST 23,
THE
DOCUMENT ADOPTED BY THE CITY COMMISSION ON
2007 AND FOUND CONSISTENT WITH STATE LAW BY
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ON JANUARY
18, 2008, IN ORDER TO REMOVE FROM THE
ELEMENT A PROPOSED NEW FUTURE LAND
ENTITLED "NEIGHBORHOOD CENTER / MIXED
PROVIDING FOR SEVERABILITY, ORDINANCES
PROVIDING AN EFFECTIVE DATE.
(Vice Mayor Beasley)
FUTURE LAND USE
USE CATEGORY
USE DISTRICT ";
IN CONFLICT;
AND
3/5
Moved by Vice Mayor Beasley, seconded by Commissioner Palmer
to approve
this item.
Mr. Youkilis presented this
item,
approved on first reading at the lay
removes the land use category called
explaining that this was
Commission meeting; this
"Neighborhood Center /Mixed
Use District ", which was in a document that was adopted by the
City in August of 2007 and sent to DCA. At that time, DCA
recommended to the City making one minor technical amendment and
send it back, but no further action was taken by the Commission.
At this time the public hearing was opened.
Rodney Williams asked staff
regarding the process for sending
for further clar
this ordinance
expressed concern about the removal of the proposed
if *cation
to DCA. He
new f uture
land use category. He said that his goal is to see the Madison
Square prof
really need
ect done because
that development.
CITY COMMISSION MINUTES
July 28, 2009
the people in
11
that neighborhood
IMore
breakdown
November
Welsh distributed a handout to the Commission showing a
of votes per precinct on the charter amendments on the
4, 2008 ballot. He then elaborated on his handout.
Beth Schwartz addressed the
dated April 27, 2007 by the late
the EAR which was sent to staff.
With regard
to the contents
Commissioner Newman asked Counselo
Commission regarding an email
Commissioner Beckman regarding
I
n the above referenced email,
r to please provide a flowchart
as to when the referred changes occurred between the 2005 EAR and
2007 when the document was submitted to DCA.
Walter Harris said that it was Jay Beckman's legacy not to
make the code weaker.
With no further speakers the public hearing was closed.
At
support
he spoke
C RA .
this time, Vice Mayor Beasley read from his notes in
of this ordinance. At the conclusion of his presentation,
in support of another project that will revitalize the
Commissioner Newman said that 60 units per acre is not
appropriate in any neighborhood anywhere in the City and that she
I in favor of responsible development in this entire community.
Commissioner Palmer said
working for years and years on
Beckman, she said, is that he
Commission to vote on. She sa
units, including the late C
reconsidered his decision. She
time is to amend the document w
number of units and send -it to
cannot stand on its own. She
that the Commission has been
this; what I know of Commissioner
created different options for the
id that all of them voted on 60
:ommissioner Beckman, who later
said that all they need at this
ith a language compromising on the
DCA. She said that this ordinance
said that the right thing is to
correct the document and send it back.
Commissioner Sellars asked for clarification about density.
Mr. You ki 1 i s
that 2 FAR is the
said that 1.6 if the FAR for the downtown and
highest.
Commissioner Sellars said that 60 -units per acre is a little
too dense. He said that when big developments such as Valencia
and Red Road Commons were brought before the Commission he was
not on the dais and that had he been there the vote tally would
have been different.
CITY COMMISSION MINUTES 12
July 28, 2009
Vice Mayor Beasley echoed on Commissioner Sellars words
above, adding that one of the reasons he ran for office is
because we need responsible development. About compromising, he
said that it seems irresponsible to choose a number without a
study being done. We need a study to find out the right number.
He said that the resolution on the agenda directing staff to
prepare an amendment to the Comp Plan relating to Madison Square
is the first resolution of its kind being brought forward.
Commissioner Palmer asked for clarification from staff about
the possibility that the new land use category could be applied
automatically anywhere in the city.
Mr. Youkilis said that it could be applied anywhere in the
City if the Commission approves it.
With some
passed by a 3 -1
At
break.
further comments, the motion to. approve this item
vote
Commissioner Palmer.
Vice Mayor Beasley:
Commissioner Newman.
Commissioner Sellars.
Mayor Feliu.
this time Vice Mayor Beasley
Nay
Yea
Yea
Yea
Absent
announced
ORDINANCE (S) FIRST READING
a two - minute
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF
2008 -2009 FISCAL YEAR
THE RECOMMENDATIONS OF
BUDGET; APPROVING AND ADOPTING
THE CITY MANAGER TO TRANSFER
LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST
WITHIN EACH CITY DEPARTMENT PURSUANT TO ARTICLE IV F(1)
OF THE CITY CHARTER FOR THE BUDGET YEAR ENDING
SEPTEMBER 30, 2008, AND AUTHORIZING THE CITY MANAGER TO
TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE
TRANSFERS; PROVIDING FOR SEVERABILITY,
CONFLICT AND PROVIDING AN EFFECTIVE DATE
Moved by Commi s s i
Beasley to approve this
CITY COMMISSION MINUTES
July 28, 2009
(City Manager)
oner Palmer,
item.
13
ORDINANCE IN
3/5
seconded by Vie Mayor
Mr. Balogun presented this item.
With
passed by
no further comments, the motion to approve this item
a 4-O vote .
Commissioner Palmer.
Vice Mayor Beasley:
Commissioner Newman.
Commissioner Sellars.
Mayor Feliu.
Yea
Yea
Yea
Yea
Absent
RESOLUTION (S.) PUBLIC HEARING (S)
123 -09 -12932
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 2 0 = 3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE
FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT
Sella
AT 5823 SUNSET DRIVE WITHIN THE "SR (HD -OV) " SPECIALTY
RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND
PROVIDING AN EFFECTIVE DATE. 4/5
(City Manager)
Moved
rs to
by Vice Mayor Beasley,
approve this item.
seconded by Commissioner
After Mr. Youkilis presented this item, Counselor Figueredo
sworn in speakers.
Mr. Roger Duarte, the applicant, explained that
will consist mostly of home delivery. He said
presently leasing spaces
generated a discussion rega
the business
that he is
from the municipal garage, and this
rding the parking issue.
With some further comments, the motion to approve this item
passed by a 4 -0 vote:
CITY COMMISSION MINUTES
July 28, 2009
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman.
Commissioner Sellars.
Mayor Feliu.
RESOLUTION (s)
14
Yea
Yea
Yea
Yea
Absent
17. A RESOLUTION
CITY OF SOUTH
MANAGER
COUNTY'S
124 -09-
12 933
OF THE MAYOR AND CITY COMMISSION OF THE
MIAMI, FLORIDA, AUTHORIZING THE CITY
TO SUBMIT A GRANT APPLICATION FOR MIAMI -DARE
SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR PARK
IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
( City Manager)
Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
to approve this item.
Mr. Balogun presented this item.
Commissioner Sellars asked
whether any studies have been
done since 2004. He added that the primary intent was to provide
an area for children to learn how
about the way the pool looks in the
to swim and expressed concern
plans.
Commissioner Sellars also spoke with concern saying that he
is afraid that because of trying to get more revenue there would
be little space available for residents to use it He also said
that he would like
maintain.
Commissioner
Y and whether we
2 5 mile radius
to know how much the pool is going to cost to
Newman expressed concern with the pool at
will be able to maintain two pools within
. and also about maintaining both financia
She also said that she does not feel comfortable with grants
which we have no match. She said that she will suppor
provided that the other two grants are removed.
th
th
lly
fo
t i
e
e
r
t
Commissioner Palmer said that when grants were awarded in
the past, instead of giving it back, we would ask whether the
monies could be used for another project.
concern about refusing a grant; she said that
advantage of the opportunity of obtaining
when we can always ask for a change.
She then expressed
we should take the
a grant,
Commissioner Newman added some concern with
if not found a match within a year this would turns
Vice Mayor Beasley
application process.
particularly
the fact that
into a loan .
said having difficulty with the
Moved by Vice Mayor Beasley
Palmer, to extend the meeting past
by a 4-O vote .
CITY COMMISSION MINUTES
July 28, 2009
15
seconded by Comm issioner
11:00 p.m. The motion passed
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars.
Mayor Feli.0 .
Yea
Yea
Yea
Yea
Absent
Moved by Commissioner Newman, seconded by Vice Mayor
Beasley, to amend the resolution by removing the South Miami Park
feature from the application. The motion passed by a 3 -1 vote :
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman.
Commissioner Sellars.
Mayor Feli.0 :
With some further comments,
as amended passed by a 4 - 0 votes
the motion
Commissioner Palmer.
Vice Mayor Beasley:
Commissioner Newman.
Commissioner Sellars.
Mayor Feliu:
125 -09 -12934
Nay
Yea
Yea
Yea
Absent
to approve
Yea
Yea
Yea
Yea
Absent
this i tem
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO OBTAIN APPROVAL FROM THE CITY COMMISSION ON
ANY AGREEMENT OF GRANT FUNDS FOR MIAMI -DADE COUNTY'S
SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR PARK
IMPROVEMENTS PRIOR TO THE EXECUTION OF THE AGREE NT;
AND PROVIDING FOR AN EFFECTIVE DATE.
(City Manager)
Moved by Vice Mayor Beasley,
Sellars to approve this item.
seconded
3/5
by Commissioner
Mr. Balogun presented this item recommending approval.
Commissioner Newman said that if possible we should have a
workshop.
Moved by Vice Mayor Beasley, seconded by Commissioner
Sellars to amend the resolution by removing South Miami Park
entrance feature from the application. The motion to amend and to
approve the resolution as a whole passed by a 4 -0 vote:
CITY COMMISSION MINUTES
July 28, 2009
RON
i�p
Commissioner Palmer.
Vice Mayor Beasley:
Commissioner Newman.
Commissioner
Mayor Feliu.
19. -A RESOLUTION OF THE
Sellars:
Yea
Yea
Yea
Yea
Absent
MAYOR AND CITY COMMISSION
OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PAYMENT
OF LEGAL FEES ASSOCIATED WITH
COMPLAINT FILED AGAINST THE CITY
THE DEFENSE OF A
OF S OUT H MIAMI AND
COMMISSIOVER NEWSMAN, PROVIDING AN EFFECTIVE DATE.
(city
Moved by Vice Mayor
Sellars, The motion to defer
Attorney)
Beasley, seconded by
this item passed by a
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman.
Commissioner Sellars.
Mayor Feliu.
4/5
Commissioner
4 -0 vote,*
Yea
Yea
Yea
Yea
Absent
ORDINANCE (S) SECOND READING PUBLIC NEARING (S)
14 -09 -2006
20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S
CODE OF ORDINANCES, CREATING SECTION 2 -22 ENTITLED
"TERM LIMITS" LIMITING TERMS OF OFFICE FOR COMMITTEE OR
BOARD MEMBERS SERVING ON A PARTICULAR BOARD OR
COMMITTEE TO TWO CONSECUTIVE TERMS; PROVIDING FOR
CODIFICATION, ORDINANCES IN CONFLICT AND AN EFFECTIVE
DATE. 3/5
(Commissioner Palmer)
Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
to approve this item.
At this time the Clerk
urging the Commission to
qualified members on the
CITY COMMISSION MINUTES
July 28, 2009
reco
read a
nsider
boards.
17
message from
Mayor Feliu
the importance of keeping
The list of present members of
Planning,
together
The
important
n
ERPB and Historic Preservations
with the credential of each member.
boards was read
majority of the Commission concurred that the most
thing is to give everyone the opportunity to serve.
With some further comments, the motion to approve this item
passed by a 4 -0 vote.
Commissioner Palmer.
Vice Mayor Beasley:
Commissioner Newman.
Commissioner Sellars.
Mayor Feliu.
UNFINISHED BUSINESS
RESOLUTION (s)
(coNrD)
Yea
Yea
Yea
Yea
Absent
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE PLANNING
AND ZONING DEPARTMENT AND THE PLANNING BOARD TO PREPARE
AND INITIATE AN AMENDMENT TO THE COMPREHENSIVE
FUTURE LAND USE ELEMENT FOR A NEW FUTURE IJM USE
CATEGORY ENTITLED "NEIGHBORHOOD CENTER /MIXED
DISTRICT" WHICH AMENDMENT
IMPLEMENTATION OF PLANS FOR
WOULD ALLOW FOR
PLAN
MAP
USE
THE
THE MADISON SQUARE PROJECT
AND WHICH DISTRICT WOULD FURTHER BE LIMITED IN ITS
APPLICATION
TO THE GEOGRAPHIC
PROPOSED MADISON
EFFECTIVE DATE.
SQUARE
PROJECT
BOUNDARIES OF THE
AREA ; PROVIDING AN
3/5
(A RESOLUTION DIRECTING THE PIZ DEPT AND THE PB TO PREPARE AN AMENDMENT
TO THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT FOR A NEW FUTURE LAND
USE MAP CATEGORY ENTITLED "NEIGHBORHOOD CENTER /MIXED USE DISTRICT" WHICH
AMENDMENT WOULD ALLOW FOR THE IMPLEMENTATION OF PLANS FOR THE MADISON
SQUARE PROJECT AND WHICH DISTRICT WOULD FURTHER BE LIMITED IN ITS
APPLICATION TO THE GEOGRAPHIC BOUNDARIES OF THE PROPOSED MADISON SQUARE
PROJECT AREA)
(Vice Mayor Beasley)
CITY COMMISSION MINUTES 18
July 28, 2009
r ORDINA14CE (S) FIRST READING PUBLIC HEARING (S)
ORDINANCE (3) FIRST READING
23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
Each member of the Commission was afforded to make comments.
CITY COMMISSION MINUTES
July 28, 2009
19