08.03.10 minutesCity of South Miami
Regular City Commission Minutes
August 3, 2010
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, August 3, 2010, beginning at 7 :18
P.M., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The f of to
Mayor Philip
Commissioners
Harris.
Also
Goldstein,
Buford R.
wing members of the City Commission were present:
K. Stoddard, Vice Mayor Valerie Newman, and,
Velma Palmer, Brian D. Beasley and Walter A.
in attendance
City Clerk Mar
Witt.
were. Deputy City Attorney Mark A.
I
s M. Menendez and Acting City Manager
B. Moment of Silence .9 By Mayor Stoddard.
Co Pledge of Allegiance.
The Pledge of Allegiance was recited in unison.
D . Presentations (s)
Officers
Mayor
recognized
safe: Det .
of the
Month
Mills presented the Officers of
for their continued effort to
King and Officers Mendez, Vargas
the Month who were
keep our residents
and Perez.
With some further comments this section was closed.
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of July 20, 2010
Moved by Comm
Palmer, the motion
passed by unanimous
CITY COMMISSION MINUTES
August 3, 2010
issioner Beasley, seconded by Commissioner
to approve the minutes of July 20, 2010
votes
1
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris.
Mayor Stoddard.
2e City Manager's Report ( 2 5 minutes )
Police:
*Upgrading software
— Laptops 80% complete
— System update scheduled for
Project Updates o
( Public Works)
4 August
Yea
Yea
Yea
Yea
Yea
*Traffic Calming - Pinecrest Villas plan received;
•Larkin Hospital Easement - Plan submitted second time to
Miami -Dade County. Questions received and answered 8 July;
'*SW 66th Ste Improvements Ph II - Design 60% complete;
*South Miami Metro Pedestrian Crossing - we are having another
meeting with the FDOT and Miami -Dade Officials;
—At -Grade crossing now in planning.
Proj ect
tes
( Public Works
*Marshall Williamson Park Restroom RFP released this
week (CRA)
•Demolition of the six unsafe buildings has
the Clerk of the Court in the County and it
scheduled.
Financial Performance Audit:
(Finance)
*Continuing Scheduled Dates
-City Organizational Assessment
-City Department Interviews
-So Miami Resident Satisfaction Survey
- Department Output Analys
- Development /Performance-
-Draft Performance Audit
is
been cleared with
is being
Jun 21-
Jul 19-
Jul 19-
Aug 2 -
Jul 16
30
30
13
based Measures by Dept Aug 16-
Report Aug 27- Sep 10
-City Review and Comment on Draft Sep
-Final Performance -based Audit Report Sep
CITY COMMISSION MINUTES 2
August 3, 2010
10- 24
24- Sep
30
27
Farmers Market/ Garden.
(PW, PLNG & ZON, Hosp,
GTF)
*City, Green Task Force,
*Two part process
So. Miami Hospital,
— Market RFP draft sent to staff, GTF, 30 July
— Community Garden in separate RFP still being dev
*City and Hospital working on grants
Recommended C. O. W. or Workshop Topics:
*Cardenas & Partners, Washington, DC
'Parking BAFO
*Fuel efficient vehicle options
*Health Insurance Workshop Selection
"Budget Workshop - 16 Aug., 1 PM
Comprehensive Plan.
(Planning & Zoning)
•Will continue to do amendments
go to the Planning Board on 10
Park Pool land to Parks and
Community Garden location.
At
request
Friday,
to the Comp Plan
August (changing
Open Spaces as
this time the Budget Workshop date
of Commissioner Palmer, from Mon
August 13 at 1:00 p.m.
With no further comments
and Mr. Witt introduced our
presented a summary of what
City of South Miami during
(Report attached) .
3e City Manager' s Report
(NONE)
David Tucker Sr.
ongoing legal issues
CITY COMMISSION MINUTES
August 3, 2010
the City
Lobbyist,
eloped
which will
the Murray
well as a
was changed at the
day, August 16 to
Attorney's Report ended
Mr. Fausto Gomez who
transpired in Tallahassee
the regular
PUBLICREMARKS
legislative
f or the
session.
( 5 minutes)
addressed the Commission about some of the
in the City.
3
Javier Banos requested that item no. 19 on the agenda
relating to pension be deferred since the impact statement is
not ready yet. He then urged the Commission to consider traffic
calming on 62nd Avenue and 42nd Street.
Brad Cassel addressed pension issues. He then spoke about
problems with bees in the Mango Terrace area.
Dick Ward urged the Commission to support the ordinance on
the agenda relating to increasing the membership of the Parks
and Recreation Board. He then referred to the Alliance for
Youth, urging the Commission to look into the issue of certain
proceeds due to the group which remain outstanding.
John Edward Smith commended Commissioner Harris for wanting
to discuss the matter of the Charter Review Committee, and urged
the Commission to defer the proposed Charter amendments for
discussion among the Committee. He also spoke against the
proposed amendment relating to department directors.
'Beth Schwartz referred to the corner of 73rd Street and 62 d
Avenue, asking for some stripping where the loading signs are
back on 70th Street so that people will not park there and just
leave the assigned place for loading.
Cal Rosenbaum urged the Commission to be careful with
decisions made as a reaction.
With no further speakers the public remarks section was
closed.
3. Commission Reports, Discussion & Remarks (25 minutes)
Commissioner Harris:
• Spoke about his desire to reactivate the Charter Review
Committee. He said that the Committee could start
reviewing the Charter in order to make recommendations
to the Commission for the proposed amendments to be
placed on the February 2012 election. He then urged the
Commission to think of qualified residents to serve on
the Committee.
• Referred to an ordinance he will be sponsoring,
requiring that all businesses (including apartment
buildings and condominiums) comply with recycling being
mandated.
CITY COMMISSION MINUTES 4
Auaust 3, 2010
(iiwv
Commissioner Palmer.
• Referred to the proposed Green Master Plan, recommending
holding a workshop because this is something that will
impact the City at large.
• Referred to The Miami Herald, saying that some of the
reports they publish are not accurate.
Commissioner Beasley.
• Referred to the ongoing city manager's search, saying
that he would like to now take the next step which would
be narrowing the search to 5 -7 candidates, recommending
holding a workshop for this coming Thursday for this.
ft
Mayor Stoddard.
• Recommended having a
spec
for further discussion,
special meeting. This was
5, 2010 at 7:30 p.m.
ial meeting, folk
and then going
scheduled for Thu
)wed by a COW
back to the
rsday, August
With no further comments this section was closed.
Moved by Mayor Stoddard, seconded by
and Palmer, the motion to place an Add -On
sponsored by Vice Mayor Newman, passed by a
Commis
Vice M
Commis
Commis
Mayor
s
a
s
s
S
i
Y
i
i
t
oner Palmer.
or Newman:
oner Beasley.
oner Harris:
oddard.
Commissioners
Item on the
4-O vote :
(BEGINNING OF CONSENT)
149 -10 -13183
Yea
Yea
Yea
Absent
Yea
Beasley
agenda,
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budgets
authorizing a transfer of $115,000.00 from account No.
001 -2100- 519 -3211, Performance
account
Professio
1500-514 -
Attorney,
No
Audit, settlements to
- 1500 - 514 -3120 for $66,726.00,
nal Services Cost, and to account No. 001-
3440 for $25
and to account
001
CITY COMMISSION MINUTES
August 3, 2010
1258.00, Consulting -Labor
No. 001 - 1500 - 514 -3410 for
5
Commissioner Palmer.
• Referred to the proposed Green Master Plan, recommending
holding a workshop because this is something that will
impact the City at large.
• Referred to The Miami Herald, saying that some of the
reports they publish are not accurate.
Commissioner Beasley.
• Referred to the ongoing city manager's search, saying
that he would like to now take the next step which would
be narrowing the search to 5 -7 candidates, recommending
holding a workshop for this coming Thursday for this.
ft
Mayor Stoddard.
• Recommended having a
spec
for further discussion,
special meeting. This was
5, 2010 at 7:30 p.m.
ial meeting, folk
and then going
scheduled for Thu
)wed by a COW
back to the
rsday, August
With no further comments this section was closed.
Moved by Mayor Stoddard, seconded by
and Palmer, the motion to place an Add -On
sponsored by Vice Mayor Newman, passed by a
Commis
Vice M
Commis
Commis
Mayor
s
a
s
s
S
i
Y
i
i
t
oner Palmer.
or Newman:
oner Beasley.
oner Harris:
oddard.
Commissioners
Item on the
4-O vote :
(BEGINNING OF CONSENT)
149 -10 -13183
Yea
Yea
Yea
Absent
Yea
Beasley
agenda,
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budgets
authorizing a transfer of $115,000.00 from account No.
001 -2100- 519 -3211, Performance
account
Professio
1500-514 -
Attorney,
No
Audit, settlements to
- 1500 - 514 -3120 for $66,726.00,
nal Services Cost, and to account No. 001-
3440 for $25
and to account
001
CITY COMMISSION MINUTES
August 3, 2010
1258.00, Consulting -Labor
No. 001 - 1500 - 514 -3410 for
5
$23,016.00, Litigation; provi n effective date.
ding a
(Deferred 7/20/10) 3/5
(Acting City Manager)
150 -10 -13184
6. A Resolution of the Mayor and City Commission of the
City of South Miami , Florida, relating to budget ;
authorizing a transfer of $1,797 from Account No. 001-
1330 - 513- 40 -80, Employee Education, to Account No.
001 - 1330 - 513- 48 -50, Non -Legal Advertising; providing
an effective date.
(Acting
City Manager)
x151 -10 -13185
3/5
7. A Resolution of the Mayor and City Commission of the
City of South Miami! Florida, relating to budget*
authorizing a transfer of $900 from Account No. 1640-
524-52-10, Supplies; $600 to Account No. 1640- 524 -40-
80, Employee Education and $300 to Account No. 1640-
52 4 - 4 0 - 7 0 , Travel & Conference; providing an effective
date. 3/5
]resolution
South
Park
Mi amx ,
light
(Acting City Manager)
152 -10 -13186
of the City Commission
Florida, accepting and
of the City of
endorsing Palmer
repairs to provide safe
usage o f the
Athletic Fields; providing for an effective date.
(Acting City Manager)
153 -10 -13187
3/5
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $10.00 from Account No. 001@=o@
1620- 524-4070, Travel to Account No. 001- 1620 -524-
5210, Supplies; providing an effective date. 3/5
(Acting City Manager)
Moved by Commissioner Pal
Beasley, the motion to approve
4 -0 vote-
mer,
the
seconded by
Consent
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris:
Mayor Stoddard.
CITY COMMISSION MINUTES 6
August 3, 2010
Agenda
Comm issioner
passed by a
Yea
Yea
Yea
Absent
Yea
(END OF CONSENT)
RESOLUTION (S)
154 -10 -13188
10. A Resolution of the Mayor and
City of South Miami, Florida,
fees ; approving attorneys' fees
City Commission of the
relating to attorneys'
for Squire Sanders and
Dempsey, LLP in the amount of $31,912.19; charging
account no. 001.1500.514.3410 legal Services-
Litigation ; and providing an effective date.
(Mayor Stoddard)
3/5
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Mayor Stoddard explained
that
the attorneys for Squire
Sanders mentioned that the way these investigations
that there will be a burst of act
hear
six
to
I
ivi
' ty and
from them for months. Therefore, there co
to seven months where there is no activity
pick up again .
with
passed by
no further
a 4 -0 vote.
comments, the motion
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris:
Mayor Stoddard.
then we
uld be a
before
work is
will not
break of
it starts
to approve this
Yea
Yea
Yea
Absent
Yea
155 -10 -13189
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, urging streamlined easy
access to Florida Power and Light data that reports
annual electricity usage in the residential,
commercial, and industrial sectors within a particular
jurisdictional boundary; providing
(Mayor Stoddard
an effective date.
3/5
item
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Mayor Stoddard explained that
terms of documenting the franchise
because we get both energy tax,
CITY COMMISSION MINUTES 7
August 3, 2010
this would help cities in
returns and the tax returns,
electricity tax and the
franchise fee back on our residents and busi
payments but we have no way of separating those.
With
passed by
nesses utility
no further comments, the motion to approve this item
a 4-O vote .
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley.
Commissioner
Mayor . Stodda
Harris:
rd•
156 -10 -13190
Yea
Yea
Yea
Absent
Yea
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, endorsing the
establishment of the constitutional standards
contained in FairDistricts Amendments 5 and 6 and
disapproving Amendment 7o and providing an effective
date. 3/5
Moved
to approve
With
passed by
(Mayor Stoddard)
by Mayor Stoddard,
this item.
seconded by Commissioner Beasley
no further comments, the motion to approve this item
a 4 -0 vote.
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris:
Mayor Stoddard.
157 -10 -13191
Yea
Yea
Yea
Absent
Yea
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, establishing the Farmers
Market to take place in the parking lot in front of
City Hall on Saturdays during the Winter months; and
providing an effective date . 3/5
(Commissioner Harris)
Moved by Commissioner Beasley., seconded by Mayor Stoddard
and Commissioner Palmer to approve this item.
With some
item passed by a
further comments,
4 - 0 vote :
CITY COMMISSION MINUTES 8
August 3, 2010
the motion to approve this
14. A Resolution of the
City of South Miami ,
Plan for the City
effective date .
Mayor and Ci i
ty Commssion
Florida approving the Green
of South Miami ; providing
(Commissioner Harris)
of the
Master
for an
3/5
Moved by Mayor Stoddard, seconded by Commissioner Palmer,
the motion to defer this item passed by a 4 -0 vote
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris:
Mayor Stoddard:
Yea
Yea
Yea
Absent
Yea
158 -1'0 -13192
15. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re- appointing Bradley Cassel to serve on
the Pension Ad Hoc Committee for a term ending October
19, 2010o and providing an effective date.
(Vice Mayor Newman)
Moved
Palmer to
With
passed by
by Commissioner
approve this item.
3/5
Beasley, seconded by Commissioner
no further comments, the motion to approve this item
a 4 -0 vote.
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner
Mayor Stodda
Harris:
rd•
Yea
Yea
Yea
Absent
Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
17. An Ordinance of the Mayor and City Commi s s ion of the
City of South Miami, Florida, relating to a request to
amend the official zoning map of the City of South
Miami Land Development Code by designating a commercial
building located at 7221 SW 58 Avenue (aka
Bougainvillea Tavern) and legally
portion of Lots 51 and 52, less
0 Larkin's Subdivision, recorded in
described as being a
east 50 feet, in W.A.
Plat Book 3, page 198
of Miami -Dade County Public Records, as
site and by placement of an Historic
CITY COMMISSION MINUTES 9
August 3, 2010
an historic
Preservation
L�-
14. A Resolution of the
City of South Miami ,
Plan for the City
effective date .
Mayor and Ci i
ty Commssion
Florida approving the Green
of South Miami ; providing
(Commissioner Harris)
of the
Master
for an
3/5
Moved by Mayor Stoddard, seconded by Commissioner Palmer,
the motion to defer this item passed by a 4 -0 vote
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris:
Mayor Stoddard:
Yea
Yea
Yea
Absent
Yea
158 -1'0 -13192
15. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re- appointing Bradley Cassel to serve on
the Pension Ad Hoc Committee for a term ending October
19, 2010o and providing an effective date.
(Vice Mayor Newman)
Moved
Palmer to
With
passed by
by Commissioner
approve this item.
3/5
Beasley, seconded by Commissioner
no further comments, the motion to approve this item
a 4 -0 vote.
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner
Mayor Stodda
Harris:
rd•
Yea
Yea
Yea
Absent
Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
17. An Ordinance of the Mayor and City Commi s s ion of the
City of South Miami, Florida, relating to a request to
amend the official zoning map of the City of South
Miami Land Development Code by designating a commercial
building located at 7221 SW 58 Avenue (aka
Bougainvillea Tavern) and legally
portion of Lots 51 and 52, less
0 Larkin's Subdivision, recorded in
described as being a
east 50 feet, in W.A.
Plat Book 3, page 198
of Miami -Dade County Public Records, as
site and by placement of an Historic
CITY COMMISSION MINUTES 9
August 3, 2010
an historic
Preservation
Overlay
district
providing
effective
(Motion
Moved
the motion
Zone (HP -OV) over the existing zoning use
for this property ; providing for severabi.l i ty ;
for ordinances in conflict; and providing an
date. (Approved V tRea d. 4 / 6110) 4/5
to continue 4119110; Pulled from Agenda 6102110)
(Acting City Manager)
by Commissioner Beasley, seconded by Mayor Stoddard,
to defer this item at the request of the applicant
to the meeting
of 9/07/10 passed by a 4 -0 vote .
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris:
Mayor Stoddard.
Yea
Yea
Yea
Absent
Yea
18. An Ordinance of the Mayor and City Commission of the
City of South Miami , Florida amending the South Miami
Pension Plan, providing for an amendment to Section 16-
12, Definitions, to comply with current City policy
concerning the definitions of annual compensation,
final average compensation, department head, employee,
full time employee, participation and part -time
employee ; amending Section 16 -14 (f) (1) (b) to allow
retired participants to change a beneficiary up to two
times at the participant' s cost in compliance with
Chapter 2009000197, Laws of Florida ; amending the City of
South Miami Police Officers Retirement Trust Fund to
provide for compliance with chapter 2009000097, Laws of
Florida; amending Section 16 -17(b) to eliminate the 3%
interest payment on return of
for severability; providing
providing for an effective date,
(Acting City Manager)
contribution; providing
for codif ication ; and
3/5
Moved by Commissioner Beasley, seconded by Mayor Stoddard,
the motion to defer this item passed by a 4 00000 vote :
Commissio
Vice Mayo
Commissio
Commissio
Mayor Sto
ne
r
ne
ne
dd
r P
New
r B
r H
and
almer. Yea
man. Yea
easley. Yea
arris: Yea
: Yea
At this time Mayor Stoddard announced a 5- minute break.
CITY COMMISSION MINUTES
August 3, 2010
159 -10 -13193
10
16. -A Resolution of the Mayor and City Commission of
City of South Miami., Florida, pursuant to Chapter
of the Code of Ordinances, au-thori z ing
reimbursement of legal fees to Vice Mayor Newman,
providing an effective date.
(Commissioner Beasley)
the
8A
the
and
3/5
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Commissioner Palmer expressed
backup on this item. She said
consistent with the Code because in
after receiving a final judgment.
concern for the lack of
that they are not being
the past this would be paid
Mr. Goldstein explained that this
.was a bill for Mr.
Pinon, who was retained prior to the League retaining counsel
on this case. He said that this is a continuing case, but now
that the League has
will not be
even though
from this
this type
the case
attorney.
With some
item passed by
Moved by
to take item
taken over the defense of the case there
of bills in the future. He explained that
is not final, this would be the final bill
further comments,
a 4 -0 vote.
the motion
Commissioner Palmer.
Vice Mayor Newman.
Commissioner Beasley.
Commissioner Harris.
Mayor Stoddard.
Mayor
no. 18
the motion passed by
to approve
Yea
Recused
Yea
Yea
Yea
this
Stoddard, seconded by Commissioner Beasley
on the agenda out of order ( now no. 19) ,
a 5 -0 vote.
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris.
Mayor Stoddard.
Yea
Yea
Yea
Yea
Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(CONTID)
19. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to a request to
amend the official zoning map of the City of South
CITY COMMISSION MINUTES
August 3, 2010
11
Miami Land Development Code by changing the zoning use
district from "NR" Neighborhood Retail Zoning Use
District to "SR" Specialty Retail Zoning Use District
for property located at 6800, 6820, and 6842 SW 62
Avenue; the purpose of the zone change is to allow
construction of a four story mixed use office building;
providing for severability; providing for ordinances in
conf 1 ict o and providing an effective date. 5/5
(Acting City Manager)
(1St Reading 618110)
Moved by Mayor Stoddard, seconded by Commissioner Beasley
and Commissioner Palmer to approve this item.
At this time the speakers were sworn in for this quasi -
judicial hearing.
Mr. Youkilis presented this item.
The applicant is proposing to construct a
use office building with a total of 34,0-(
will contain 6,389 sq ft of retail space
and a total of 28,361 sq ft of office
staff report may be downloaded from
www . citvof southmiami . net)
sq
four story mixed
ft; the building
at the ground floor,
space. (The complete
the City's webs ite:
Attorney George McArdle, representing Southeastern
Investment Group Corporation addressed the Commission. He
stated that-he submitted handouts to the
for this item, putting them into evidence
of the record (Handout attached).
At the conclusion of
public hearing was opened.
Kevin
was later
Hurley is
would not
the record
Commission and staff,
and making them part
Mr. McArdle's presentation, the
Hurley spoke in opposition of this application. (It
disclosed for the record by Mr. Goldstein that Mr.
Vice Mayor Newman's husband and that his opinion
in anyway in the Vice Mayor' s vote, and that
shows that she has been consistent on this subject).
Dr. Alex
west side of
properties. He
the day (Memo a
Zakharia spoke on behalf of the owners of the
62nd Avenue who own about 90 percent of these
then referred to a memo he submitted earlier in
ttached) .
The following
application: Teresa
residents spoke
Galvin, Max Cooper,
CITY COMMISSION MINUTES 12
August 3, 2010
in opposition
Beth Schwartz.
of the
John Edward Smith spoke to
clarification for the record about
members of the Commission and a spe
Zoning Task Force.
provide a point
comments made by
aker in relation to
Yvonne Beckman who served on the Zoning Task Force,
spoke to provide a point of clarification for the record.
At this time
to the podium for
Mr. Goldstein invited Mr.
his rebuttal.
of
some
the
also
McArdle to come up
Engineer Fernando Gomez -Pina addressed the Commission on
behalf of the applicant.
Moved by
the motion to
5 - 0 vote :
Mayor Stoddard, seconded
extend the meeting after
by Commissioner Beasley,
11 :00 p.m. passed by a
Commissioner Palmer.
Vice Mayor Newman:
Commissioner
Commissioner
Mayor
Beasley.
Harris:
Stoddard.
Yea
Yea
Yea
Yea
Yea
Mr. Goldstein asked the Commission to disregard any
comments regarding campaign contributions made by Dr. Zakharia;
those comments should not-be considered in terms of making a
decision by the Commission. He added that at this point it
would be appropriate to vote on this.
Mr. Youkilis for the records said that he will provide a
copy of the email where staff advised Dr. Zakharia that we had
a copy of all the deficiencies and that he never picked it up.
With some further comments,
item failed by a 1 -4 vote:
the motion to approve this
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris.
Mayor Stoddard.
Yea
Nay
Nay
Nay
Nay
16 -10 -2041
20. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the City Charter
by establishing term limits for the Mayor and City
Commission, subject to approval by the electorate at a
CITY COMMISSION MINUTES
August 3, 2010
13
referendum to be held on November 2, 2010; providing
ballot language; directing the City Clerk to take all
IN 0
necessary actions to carry out the provisions of this
ordinance; providing an effective date for the
amendment and directing the City Clerk to incorporate
the amendment into the Charter and to file the revised
charter with the Florida Department of State; providing
for severability, conflict, and an effective date. 3/5
(Mayor Stoddard)
Moved
to approve
allow
I
nput
by Commissioner Beasley, seconded by Mayor Stoddard
this item
The public hearing was opened
Commissioner Palmer
the Charter Review
to the Commission.
With
passed by
and closed with no speakers.
recommended deferring this item to
Committee to review it and provide
no further comments, the motion to approve this item
a 4 -1 vote:
Commis
Vice M
Commis
Commis
Mayor
s
a
s
s
S
1
Y
i
t
oner Pal
or Newma
oner Bea
oner Har
oddard :
mer0
n•
sley.
r .i s
Nay
Yea
Yea
Yea
Yea
RESOLUTION (S) PUBLIC HEARING (S)
21. A Resolution of the Mayor and City Commission of the
City of South Miami , relating to a request pursuant to
Section 20-3.3(D) of the Land Development Code for
special use approval to operate a mobile car wash in an
"SR (HD -OV) " Specialty Retail (Hometown District
Overlay) zoning district, specifically located in the
parking garage of Plaza 57 an office building at 7301
SW 57th Court* and providing for an effective date. 4/5
(Acting City Manager)
Moved by Mayor Stoddard, seconded by Commissioner Beasley
to approve this item.
Mr. Youkilis
applicant, American
approval to operate
presented
Car Deta
a mobile
this
i 1 ing,
i t em,
is r
car wash
CITY COMMISSION MINUTES 14
August 3, 2010
in
explaining that the
equesting special use
the parking garage of
Plaza -57. The Planning Board, at its meeting
adopted a motion by a vote of 5 ayes and 1
9 1 1
of
nay
approval of the request with three conditions
staff report may be downloaded from the
www _ c ' tvo f s ou thmi ami . net)
July 13,
2010
recommending
(The
City, s
complete
webs ite:
At the conclusion of the presentation by staff the public
hearing was opened.
Yvonne Beckman is a member
that she would be speaking as
Beckman referred to a report
copies among the Commission.
reported, Ms. Beckman said to
this request for special use..
of the Plann
a citizen on
ing Board but said
this subject. Ms.
prepared by her, distributing
Based on the things that she
be opposed to the approval of
Applicant Jose Rivas addressed the
clarification on questions regarding
operation of the mobile car wash.
Commission
the plans
providing
for
With no further speakers the public hearing was closed.
the
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to defer this item. The motion failed by a 2 -3 vote:
With some
item failed by a
Commissioner Palmer.
Vice Mayor Newman.
Commissioner Beasley.
Commissioner Harris:
Mayor Stoddard.
further comments,
3-2 vote :
the motion
Commissioner Palmer.
Vice Mayor Newman.
Commissioner Beasley.
Commissioner Harris.
Mayor Stoddard.
Nay
Nay
Yea
Nay
Yea
to approve
Yea
Nay
Nay
Yea
Yea
ORDINANCE (S) FIRST READING
22. Motion to reconsider the action taken by the City
Commission at the City Commission Meeting of July 20,
CITY COMMISSION MINUTES
August 3, 2010
15
this
2010 on the following item no. 17 as
After Action Summary Excerpt.
(Commissioner Harris)
Moved by Commissioner
Newman and Commissioner Palmer
shown on attached
3/5
Harris, seconded by Vice
to approve this item.
Mayor
Commissioner Harris explained that he brought this back
because the importance of this issue is to allow the people to
decide in this proposed amendment.
With some further comments, the motion to approve this
item passed by a 3 -2 vote:
Commissioner Palmer.. Nay
Vice Mayor Newman: Yea
Commissioner Beasley. Nay
Commissioner Harris. Yea
Mayor Stoddard. Yea
23. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, proposing to the City's
electors amendments to Articles III and VI of the
City's Charter to provide that all department directors
appointed by the City Manager shall be subject to the
approval or rejection by the City Commission; providing
for the proposed amendment to be submitted to the
City's electors at the next General Election of
November 2, 2010; providing ballot language; directing
the City Clerk to take all necessary actions to carry
out the provisions of this ordinance; providing an
effective date for the amendment and directing the City
Clerk to incorporate the amendment into the charter and
to file the revised Charter with the Florida Department
of State; providing for severability, conflict, and an
effective date.
(Mayor Stoddard)
3/5
Moved by Mayor Stoddard, seconded by Commissioner Beasley
to approve this item.
With some
item passed by
Mayor
Palmer:
further comments, the motion to approve this
IN
a 3 -2 vote. Commissioner Beasley: Nay; Vice
Newman: Yea; Commissioner Harris:
Nay; Mayor Stoddard: Yea.
Commissioner Palmer.
Vice Mayor Newman:
CITY COMMISSION MINUTES 16
August 3, 2010
Yea; Commissioner
Nay
Yea
Commissioner Beasley:
Commissioner Harris.
Mayor Stoddard;
Nary
Yea
Yea
26. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida amending the South Miami
Code of Ordinances by amending Chapter 10a Floods
Article 2 Definitions . "Manufactured home" ; providing
for severability; providing for ordinances in conflict;
and providing for an effective date. 3/5
(Acting City Manager) (Deferred 7120110)
27. An Ordinance of the Mayor and City Commi s s ion of the
City of South Miami, Florida, amending the Land
Development Code Section 20 -8.9 entitled "Special
exceptions" in order to set a time limit for commencing
a development project which has been granted a special
exception in a. Transit Oriented Development District
( TODD) ; providing for severabil i ty ; providing for
ordinances in conflict; and providing an effective
date. 3/5
(Acting City Manager)
28. An Ordinance of the Mayor and City Commx s s ion of the
City of South Miami, Florida, to amend Section 20 -6.1
(a) (3) of the Land Development Code entitled
"Administrative Entities -City Commission" in order to
t
revise provisions related to the vote requirement of
the City Commission on ordinances and resolutions
pertaining to the land use and development regulations
in order to make the voting requirement consistent with
the Charter Amendment adopted November 41, 2008 and with
the interpretation of the Charter Amendment as set
forth in Resolution No. 53 -10- 13087; providing for
severability; providing for ordinances in conflict; and
providing an effective date. 3/5
(Acting City Manager)
29, An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20 -3.3
(D) of the Land Development Code entitled "Permitted
Use Schedule" xn order to: change the existing "School,
Elementary or Secondary" use category and the existing
"School, Vocational" use category from "P" Permitted
use category to "S" Special Use category; to create a
new use type entitled "School, Private or Charter" with
all development in the new "School, Private or Charter"
use category being classified as an "S" Special Use;
and amending Section 20 -3.4 entitled "Special Use
Conditions" in order to set forth general and special Its
CITY COMMISSION MINUTES 18
August 3, 2010
ORDINANCE (3) FIRST READING PUBLIC HEARING (S)
ORDINANCE (8) FIRST READING PUBLIC HEARING (S)
There being no further business to come before this Body,
the meeting adjourned at 11:59 p.m.
Attest Approved
kal-ia- M. Mene ez Phili K. Stoddard
City Clerk Mayor
CITY COMMISSION MINUTES
August 3, 2010