07-28-09 MinutesDa
1 City of South Miami
2 Regular City Commission Minutes
3 July 28, 2009
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday., July 28, 2009, beginning at 7:35
9 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were present:
13 Vice Mayor Brian D. Beasley, and, Commissioners Velma Palmer,
14 Valerie Newman and Lew Sellars. Mayor Horace G. Feliu was absent.
15
16 Also in attendance were: City Attorney Luis Figueredo, City
17 Clerk Maria M. Menendez and City Manager Ajibola Balogun.
18
19 B. Invocation: The invocation was delivered by Commissioner
20 Sellars.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentations(s)
26
27 (NONE)
28
29
30 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
31
32 1. Approval of Minutes
33
34
(The minutes
for 7/21/09 will be on the
8/04/09 agenda)
35
36
37
2. City Manager's
Report (25 minutes)
38
39
* Additional
Grant Award received for
Murray Park swimming
40
pool; (Red
Folder Info)
41
• FPL expert's
information on electric
and magnetic fields;
42
(Red Folder
Info)
43
• Commission's
request during Insurance
Workshop - July
44
21, 2009; (Red
Folder Info)
45
CITY COMMISSION MINUTES 1
July 28, 2009
BTS9
1 With no further comments the City Manager's Report ended.
2
3
4 3. City Attorney's Report (15- minutes)
5
6 At the request of Commissioner Newman, Counselor Figueredo
7 provided a report on the YMCA contract. He said that one of the
8 requirements was for the YMCA to conduct a feasibility study to
9 determine whether or not to bring a whole new facility. The
10 Exhibit requires that certain repairs take place, and the pool
11 repairs in fact did take place. The remainder of the repairs
12 would be to a structure that no longer exists; so the real issue
13 is that the contract provides that the YMCA maintain the original
14 recreational facilities that were there in good repair. Those
15 facilities were impacted by .a storm event; they have had some
16 conflict ' with their insurance carrier; their attorney has
17 promised to have answers for us this week on the status of the
18 repairs. Counselor said that he has sent a demand letter under
19 the City Manager's request several weeks ago asking them to
20 identify whether or not they intend to abandon the facility
21 because there is nothing going on, and their response is that
22 they have not abandoned the facility. Counselor has advised them
23 that they are under a lease agreement which requires that they do
24 more than just simply leave the facility in its present position.
25
26 Commissioner Newman said that she had been informed that
27 there were $200,000 given to two YMCAs, to improve facilities in
28 Homestead and one in North Miami, and nothing for the one located
29 here in the City. She said that if we are in a position of
30 rescinding that contract it would be very wise for the City to do
31 so.
32 Counselor Figueredo concurred with Commissioner Newman;
33 however, he said that our burden is to show that they have
34 received the insurance proceeds and that they have failed to act
35 in good faith.
36
37 With no further comments the City Attorney's Report ended.
38
39
40 ORDINANCE (S) FIRST READING
41
42
43 4. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
44 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
45 DEVELOPMENT CODE SECTION 20 -5.8 (C) ENTITLED "SPECIAL
46 USE APPROVAL: EXPIRATION OF SPECIAL USE APPROVALS" IN
47 ORDER TO MODIFY AND CONDITIONS UNDER WHICH A SPECIAL
48 USE APPROVAL WILL LAPSE; AND TO CREATE A SUBSECTION (G)
CITY COMMISSION MINUTES 2
July 28, 2009
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lraTt
ENTITLED "ABANDONMENT OF SPECIAL USE" PROVIDING A
MAXIMUM TIME PERIOD AFTER WHICH A SPECIAL USE WILL BE
CONSIDERED ABANDONED; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. (Deferred 6116109) 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 its 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 applied for
or certificate of occupancy has been issued for such use and if
the city commission has not specified a longer approval period
for good cause.
Commission Sellars asked as to whether it would be advisable
to add to the proposed language the words: is applied for...
utilizing the special use. He wants to make sure that an
applicant would not be using "demo" work in order to pull a
permit.
Counselor Figueredo said that he is not sure about the
language "implement" suggested by Mr. Youkilis since a lawyer can
argue that a demolition permit implements a special use as well
because they can't get to the construction permit if they don't
demolish first.
Mr. Vageline then recommended the language of "master
building permit" that is used when a project has begun; so the
"master building permit" could be the one closest to achieving
the goal of the special use.
Counselor concurred.
Mr. Balogun suggested bringing back suggestions to second
reading of this ordinance.
Commissioner Newman asked for clarification as to whether
not adding the language "is applied for" to subsection "C" would
accomplish the same thing as adding said language.
Moved by Commissioner, seconded by Vice Mayor Beasley to
remove: "is applied for ". The motion passed by a 4 -0 vote:
CITY COMMISSION MINUTES 3
July 28, 2009
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Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars:
Mayor Feliu:
PT29
Yea
Yea
Yea
Yea
Absent
With no further comments, the motion to approve this item as
amended passed by a 4 -0 vote:
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
Mayor Feliu:
Absent
5. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO CLARIFY THE
DEFINITION OF COMMERCIAL VEHICLE AND TO CLARIFY SECTION
20- 4.4(F)(4) WHICH PROHIBITS PARKING OF COMMERCIAL
VEHICLES IN RESIDENTIAL ZONES; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
Moved by Vice Mayor Beasley, seconded by Commissioner -
Palmer to approve this item.
Vice Mayor Beasley said that he met with staff and that they
are working on the language for this ordinance, so he asked to
defer this item for the first meeting after 90 days.
Moved by Vice Mayor Beasley to defer this item for the first
meeting after ninety (90) days. Seconded by Commissioner Palmer,
the motion passed by a 4 -0 vote:
CITY COMMISSION MINUTES
July 28, 2009
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
Mayor Feliu:
Absent
2
llaTt
1 6. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
2 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
3 DEVELOPMENT CODE 20 -6.1 (A)(3) ENTITLED "ADMINISTRATIVE
4 ENTITIES -CITY COMMISSION" IN ORDER TO REVISE PROVISIONS
5 RELATED TO THE VOTE REQUIREMENT OF THE CITY COMMISSION
6 ON ORDINANCES AND RESOLUTIONS PERTAINING TO THE LAND
7 USE AND DEVELOPMENT. REGULATIONS WHICH WILL BE
8 CONSISTENT WITH THE CHARTER AMENDMENT ADOPTED NOVEMBER
9 4, 2008; PROVIDING FOR SEVERABILITY ORDINANCES IN
10 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
11 (City Manager)
12
13 Moved by Vice Mayor Beasley, seconded by Commissioner
14 Sellars to approve this item.
15
16 Mr. Youkilis presented this item, explaining that this
17 ordinance was brought about by the need to make that the section
18 of the Land Development Code matches with what was approved by
19 the voters in November of 2008.
20
21 Commissioner Newman asked for further clarification
22 regarding the requirements for a five -fifth vote.
23
24 Counselor Figueredo explained that we already have
25 provisions in our Code to deal with variances and special
26 exceptions and that stays at four - fifths. The five - fifths is
27 applied when changing the existing regulations to make them less
28 restrictive, not when applying the existing regulations. A
29 variance is an application of a regulation.
30
31 Counselor Figueredo also explained that the actual language
32 itself does make a distinction: "a four -fifth vote would be
33 required to apply current land use ", that would be a variance or
34 a special exception; to amend the Code, to change the
35 regulations, for example, adding a new land use designation —that
36 is taking something that doesn't exist and putting it in the
37 Code —that is five - fifths and it is an amendment.
38
39 Commissioner Sellars said that he would like to see a
40 definition of development regulations.
41
42 At this time Commissioner Newman said that she did not feel
43 comfortable voting for this and requested copy of the City
44 Commission meeting of July 29, 2008.
45
46 With some further comments, the motion to defer this item
47 passed by a 4 -0 vote:
48
CITY COMMISSION MINUTES 5
July 28, 2009
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Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars:
Mayor Feliu:
PUBLIC REMARKS
(5 minutes)
BTEq
Yea
Yea
Yea
Yea
Absent
David Tucker Sr. addressed the Commission about a piece of
history relating to the Mayflower pilgrims and the first
Constitution they wrote about 489 years ago.
Beth Schwartz said to be confused about the votes on the EAR
item on the agenda.
Counselor Figueredo explained that because of the Charter
change —the land use designation —that is an amendment that is less
restrictive and it is currently in the EAR; if prior to that
there is a motion to take that out and the Vice Mayor's ordinance
passes, then the vote becomes a four -firth one.
Ms. Schwartz then urged the Commission to approve item no.
16 on the agenda relating to Commissioner Newman's legal fees.
Dick Ward addressed Commissioner Newman's concern about the
"Y" regarding the grants going to other areas and none to this
area; about the swimming pool, he said that we have been trying
to have a swimming pool since the 1960s but there always seems to
be budget problems every time we get close to it. He then urged
the Commission to give serious consideration about approving the
resolution applying for the grant towards the pool.
Bob Welsh suggested having a workshop on the pool.
Walter Harris said that he
explanation provided earlier on
the five -fifth vote requirement.
was somewhat confused about the
the Charter amendment regarding
Eda Harris asked the City Attorney about how much time he
has spent regarding the litigation between the City Manager and
Commissioner Newman and if this is part of his job. Ms. Harris
also referred to the 60 unit issue related to the EAR.
CITY COMMISSION MINUTES 6
July 28, 2009
B Eq
1 Counselor said that litigation is always separate under his
2 contract, and every entry, including a description, will be
3 reflected in detail on his bills.
4
5 With no further speakers the public remarks section was
6 closed.
7
8
9 At this time Commissioner Palmer spoke about the charter
10 school; she said that just by chance, and during training for
11 evaluation, she met with the coordinator of the charter school
12 trying to get information as to how to contact the region
13 director. She said that she did not know that this is an
14 independent business, and the only function of the school board
15 is to host the charter schools and make sure that certifications
16 are in order and that curriculum is followed. However, as far as
17 jobs, salaries and so on, they are not responsible and the
18 superintendent has nothing to do with it.
19
20 Vice Mayor Beasley said that he attended a meeting last week
21 at the County Commissioners office and one of the discussions
22 there was about approving charter schools; therefore, he said he
23 does not understand why this charter school in our City did not
24 have to come before the Commission for approval. He said that he
25 would like to know if there is any reason why this charter school
26 did not come here for approval.
27
28 Counselor Figueredo said he will do the research on the
29 charter school.
30
31 Commissioner Newman regarding the charter school said that
32 according to the website, each school has a maximum cap for
33 students; however, this particular school in South Miami has
34 1,650 students that they can accommodate. She said that she is
35 not quite sure how that number of students is going to impact the
36 City in terms of traffic and that it does not seem to have one
37 inch of green space.
38
39 Commissioner Newman also regarding the charter school, she
40 said that she understands that they are running businesses out of
41 houses on Sunset Drive, and that this is a concern as well.
42
43 Commissioner Palmer informed that there is a department
44 downtown to be contacted for further information regarding
45 charter schools and the telephone number is 305 - 995 -1000.
46
47 Commissioner Newman asked for acclamation from the
48 Commission agreeing that this charter school should not be using
49 our facilities at the Community Center.
CITY COMMISSION MINUTES 7
July 28, 2009
1 BT29
2 Commissioner Palmer said that she did not want to commit
3 herself to that yet until we clarify whether or not they are
4 acting within their rights.
5
6 Counselor Figueredo concurred with Commissioner Palmer since
7 we cannot deny people access to public parks. If they are there
8 in an official school capacity, that is a different scenario, but
9 we could limit specific access and use of the facility.
10
11 Mr. Balogun addressed Commissioner Newman's comments about
12 some properties on Sunset Drive where it seems to be some
13 business activity going on. He said that staff had a meeting with
14 the residents next door and City Attorney Boutsis explained what
15 we can and can't do by law. He said that the attorney explained
16 that in order to consider that there is a violation, we would
17 need whatever the community can bring forward to confirm, or to
18 have something notarized by someone who witnessed that business
19 is being conducted within those properties.
20
21
22 At this time items no. 7 and no. 10 were pulled from the
23 Consent Agenda (now nos. 12 and 13)
24
25
26
27 CONSENT
28
29 117 -09 -12926
30 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA REQUESTING FOR MIAMI -DADE
32 COUNTY TO PROVIDE INFRASTRUCTURE IMPROVEMENTS AT THE
33 INTERSECTION OF SW 56TH STREET AND SW 62m AVENUE;
34 PROVIDING FOR AN EFFECTIVE DATE. 3/5
35 (City Manager)
36
37 118 -09 -12927
38 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
39 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S
40 2009/2010 FISCAL YEAR BUDGET; ADVISING THE MIAMI -DADE
41 COUNTY PROPERTY APPRAISER OF ITS PROPOSED MILLAGE RATE
42 OF 5.2790 MILLS; ITS ROLL -BACK RATE OF 5.6140;
43 ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE
44 PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING
45 AN EFFECTIVE DATE. 3/5
46 (City Manager)
47
CITY COMMISSION MINUTES 8
July 28, 2009
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=fj
119 -09 -12928
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING WALTER HARRIS TO SERVE ON THE
COMMUNITY RELATIONS BOARD FOR A TWO -YEAR TERM ENDING
JULY 27, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
120 -09 -12929
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
3, 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
3, 2009; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Vice Mayor Beasley, seconded by Commissioner
Sellars, the motion to approve the Consent Agenda passed by a 4 -0
vote:
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
Mayor Feliu:
Absent
RESOLUTION (S)
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 -DADE COUNTY FOR ROUTINE CANAL
MAINTENANCE FOR THE LUDLAM GLADES AND BROAD CANALS FOR
AN AMOUNT OF $38,902 ANNUALLY, TO BE FUNDED FROM THE
CITY COMMISSION MINUTES
July 28, 2009
9
BTEq
1 STORMWATER TRUST FUND ACCOUNT NUMBER 111 - 1730 - 541 -6491;
2 PROVIDING FOR AN EFFECTIVE DATE. 3/5
3 (City Manager)
4
5 Moved by Commissioner Palmer, seconded by Commissioner
6 Sellars to approve this item.
7
8 Commissioner Sellars said that he wanted to make sure that
9 we verified the numbers to ensure that going the Interlocal
10 Agreement way with Miami -Dade County makes the most sense for us.
11
12 Mr. Balogun said that it absolutely makes sense for us,
13 particularly for the equipment, which for just one event of
14 cleaning would cost more than what we are paying one time. He
15 then addressed all of Commissioner Sellars' questions regarding
16 this.
17
18 Mr. Olivo explained that this is good to go with the County
19 because we both have to be in together since they have
20 unincorporated Miami -Dade that drains into this canal, as well as
21 from our jurisdiction; therefore, we rather have the County go
22 through this exercise.
23
24 With some further -comments, the motion to approve this item
25 passed by a 4 -0 vote:
26
27 Commissioner Palmer: Yea
28 Vice Mayor Beasley: Yea
29 Commissioner Newman: Yea
30 Commissioner Sellars: Yea
31 Mayor Feliu: Absent
32
33
34 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
35 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
36 MANAGER TO RENEW THE CONTRACT WITH AVMED HEALTHCARE TO
37 PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH MIAMI
38 FULL TIME EMPLOYEES PROVIDING AN EFFECTIVE DATE. 3/5
39 (City Manager)
40 Moved by Vice Mayor Beasley, seconded by Commissioner Palmer
41 to approve this item.
42
43 Commissioner Palmer said that we are presented with
44 different policies, and based on the surveys among employees they
45 appear to be satisfied with what they have.
46
47 Ms. Navarro explained that when the insurance committee met
48 they agreed to stay with AVMED, to renew at 4.2 percent. When we
CITY COMMISSION MINUTES 10
July 28, 2009
BT q
1 did the survey we went through several employees, and based on
2 that survey there were only 39 at that point that are selected
3 for dependent coverage.
4
5 Commissioner Palmer asked that if we are thinking of
6 covering dependents, how we would raise that money and how it
7 would impact the budget.
8
9 Mr. Balogun said that as with every other issue, we will
10 have to debate this during the budget process.,
11
12 Moved by Commissioner Sellars, seconded by Vice Mayor
13 Beasley, the motion to defer this item passed by a 4 -0 vote:
14
15 Commissioner Palmer: Yea
16 Vice Mayor Beasley: Yea
17 Commissioner Newman: Yea
18 Commissioner Sellars: Yea
19 Mayor Feliu: Absent
20
21 (The next couple of items were voted to move out of order)
22
23
24 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
25
26 13 -09 -2005
27 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
28 CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH
29 MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
30 AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON
31 AUGUST 23, 2007 AND FOUND CONSISTENT WITH STATE LAW BY
32 THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ON JANUARY
33 18, 2008, IN ORDER TO REMOVE FROM THE FUTURE LAND USE
34 ELEMENT A PROPOSED NEW FUTURE LAND USE CATEGORY
35 ENTITLED "NEIGHBORHOOD CENTER / MIXED USE DISTRICT ";
36 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
37 PROVIDING AN EFFECTIVE DATE. 3/5
38 (Vice Mayor Beasley)
39
40 Moved by Vice Mayor Beasley, seconded by Commissioner Palmer
41 to approve this item.
42
43 Mr. Youkilis presented this item, explaining that this was
44 approved on first reading at the last Commission meeting; this
45 removes the land use category called "Neighborhood Center /Mixed
46 Use District ", which was in a document that was adopted by the
CITY COMMISSION MINUTES 1 1
July 28, 2009
BTgq,
1 City in August of 2007 and sent to DCA. At that time, DCA
2 recommended to the City making one minor technical amendment and
3 send it back, but no further action was taken by the Commission.
4
5 At this time the public hearing was opened.
6
7 Rodney Williams asked staff for further clarification
8 regarding the process for sending this ordinance to DCA. He
9 expressed concern about the removal of the proposed new future
10 land use category. He said that his goal is to see the Madison
11 Square project done because the people in that neighborhood
12 really need that development.
13
14 Bob Welsh distributed a handout to the Commission showing a
15 breakdown of votes per precinct on the charter amendments on the
16 November 4, 2008 ballot. He then elaborated on his handout.
17
18 Beth Schwartz addressed the Commission regarding an email
19 dated April 27, 2007 by the late Commissioner Beckman regarding
20 the EAR which was sent to staff.
21
22 With regard to the contents in the above referenced email,
23 Commissioner Newman asked Counselor to please provide a flowchart
24 as to when the referred changes occurred between the 2005 EAR and
25 2007 when the document was submitted to DCA.
26
27 Walter Harris said that it was Jay Beckman's legacy not to
28 make the code weaker.
29
30 With no further speakers the public hearing was closed.
31
32 At this time, Vice Mayor Beasley read from his notes in
33 support of this ordinance. At the conclusion of his presentation,
34 he spoke in support of another project that will revitalize the
35 CRA.
36
37 Commissioner Newman said that 60 units per acre is not
38 appropriate in any neighborhood anywhere in the City and that she
39 is in favor of responsible development in this entire community.
40
41 Commissioner Palmer said that the Commission has been
42 working for years and years on this; what I know of Commissioner
43 Beckman, she said, is that he created different options for the
44 Commission to vote on. She said that all of them voted on 60
45 units, including the late Commissioner Beckman, who later
46 reconsidered his decision. She said that all they need at this
47 time is to amend the document with a language compromising on the
48• number of units and send it to DCA. She said that this ordinance
CITY COMMISSION MINUTES 12
July 28, 2009
Egra f t
1 cannot stand on its own. She said that the right thing is to
2 correct the document and send it back.
3
4 Commissioner Sellars asked for clarification about density.
5
6 Mr. Youkilis said that 1.6 if the FAR for the downtown and
7 that 2 FAR is the highest.
8
9 Commissioner Sellars said that 60 -units per acre is a little
10 too dense. He said that when big developments such as Valencia
11 and Red Road Commons were brought before the Commission he was
12 not on the dais and that had he been there the vote tally would
13 have been different.
14
15 Vice Mayor Beasley echoed on Commissioner Sellars words
16 above, adding that one of the reasons he ran for office is
17 because we need responsible development. About compromising, he
18 said that it seems irresponsible to choose a number without a
19 study being done. We need a study to find out the right number.
20 He said that the resolution on the agenda directing staff to
21 prepare an amendment to the Comp Plan relating to Madison Square
22 is the first resolution of its kind being brought forward.
23
24 Commissioner Palmer asked for clarification from staff about
25 the possibility that the new land use category could be applied
26 automatically anywhere in the city.
27
28 Mr. Youkilis said that it could be applied anywhere in the
29 City if the Commission approves it.
30
31 With some further comments, the motion to approve this item
32 passed by a 3 -1 vote:
33
34 Commissioner Palmer: Nay
35 Vice Mayor Beasley: - Yea
36 Commissioner Newman: Yea
37 Commissioner Sellars: Yea
38 Mayor Feliu: Absent
39
40 At this time Vice Mayor Beasley announced a two- minute
41 break.
42
43
44 ORDINANCE (S) FIRST READING
45
46
47 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
48 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF
CITY COMMISSION MINUTES 13
July 28, 2009
B TEgiv,
1
2008 -2009 FISCAL YEAR BUDGET; APPROVING
AND ADOPTING
2
THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER
3
LINE ITEMS AS SET FORTH IN THE ATTACHED
ITEMIZED LIST
4
WITHIN EACH CITY DEPARTMENT PURSUANT TO ARTICLE IV F(1)
5
OF THE CITY CHARTER FOR THE BUDGET
YEAR ENDING
6
SEPTEMBER 30, 2008, AND AUTHORIZING THE CITY MANAGER TO
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TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE
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TRANSFERS; PROVIDING FOR SEVERABILITY,
ORDINANCE IN
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CONFLICT AND PROVIDING AN EFFECTIVE DATE.
3/5
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(City Manager)
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Moved by Commissioner Palmer, seconded
by Vie Mayor
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Beasley to approve this item.
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Mr. Balogun presented this item.
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With no further comments, the motion to
approve this item
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passed by a 4 -0 vote:
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Commissioner Palmer:
Yea
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Vice Mayor Beasley:
Yea
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Commissioner Newman:
Yea
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Commissioner Sellars:
Yea
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Mayor Feliu:
Absent
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28 RESOLUTION (S) PUBLIC HEARING (S)
9 &:
30 123 -09 -12932
31 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
32 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
33 SECTION 20-3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE
34 FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT
35 AT 5823 SUNSET DRIVE WITHIN THE "SR (HD -OV)" SPECIALTY
36 RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND
37 PROVIDING AN EFFECTIVE DATE. 4/5
38 (City Manager)
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40 Moved by Vice Mayor Beasley, seconded by Commissioner
41 Sellars to approve this item.
42
43 After Mr. Youkilis presented this item," Counselor Figueredo
44 sworn in speakers.
45
CITY COMMISSION MINUTES 14
July 28, 2009
BT 9
1 Mr. Roger Duarte, the applicant, explained that the business
2 will consist mostly of home delivery. He said that he is
3 presently leasing spaces from the municipal garage, and this
4 generated a discussion regarding the parking issue
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6 With some further comments, the motion to approve this item
7 passed by a 4 -0 vote:
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9 Commissioner Palmer: Yea
10 Vice Mayor Beasley: Yea
11 Commissioner Newman: Yea
12 Commissioner Sellars: Yea
13 Mayor Feliu: Absent
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16 RESOLUTION (S)
17
18 124 -09 -12933
19 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
20 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
21 MANAGER TO SUBMIT A GRANT APPLICATION FOR MIAMI -DADE
22 COUNTY'S SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR PARR
23 IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
24 (City Manager)
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26 Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
27 to approve this item.
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29 Mr. Balogun presented this item.
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31 Commissioner Sellars asked whether any studies have been
32 done since 2004. He added that the primary intent was to provide
33 an area for children to learn how to swim and expressed concern
34 about the way the pool looks in the plans.
35
36 Commissioner Sellars also spoke with concern saying that he
37 is afraid that because of trying to get more revenue there would
38 be little space available for residents to use it. He also said
39 that he would like to know how much the pool is going to cost to
40 maintain.
41
42 Commissioner Newman expressed concern with the pool at the
43 Y and whether we will be able to maintain two pools within the
44 2.5 mile radius, and also about maintaining both financially.
45 She also said that she does not feel comfortable with grants for
46 which we have no match. She said that she will support it
47 provided that the other two grants are removed.
CITY COMMISSION MINUTES 15
July 28, 2009
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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. She then expressed
concern about refusing a grant; she said that we should take the
advantage of the opportunity of obtaining a grant, particularly
when we can always ask for a change.
Commissioner Newman added some concern with the fact that
if not found a match within a year this would turns into a loan.
Vice Mayor Beasley said having difficulty with the
application process.
Moved by Vice Mayor Beasley, seconded by Commissioner
Palmer, to extend the meeting past 11:00 p.m. The motion passed
by a 4 -0 vote:
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
Mayor Feliu:
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:
Nay
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
Mayor Feliu:
Absent
With some further comments, the motion to approve this item
as amended passed by a 4 -0 vote:
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
Mayor Feliu:
Absent
-- - ;125 -09 -12934
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
CITY COMMISSION MINUTES
July 28, 2009
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DT29
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 AGREEMENT;
AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Vice Mayor Beasley, seconded by Commissioner
Sellars to approve this item.
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:
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
Mayor Feliu:
Absent
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PAYMENT
OF LEGAL FEES ASSOCIATED WITH THE DEFENSE OF A
COMPLAINT FILED AGAINST THE CITY OF SOUTH MIAMI AND
COMMISSIONER NEWMAN, PROVIDING AN EFFECTIVE DATE. 4/5
(City Attorney)
Moved by Vice Mayor Beasley, seconded by Commissioner
Sellars, The motion to defer this item passed by a 4 -0 vote:
CITY COMMISSION MINUTES
July 28, 2009
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
Mayor Feliu:
Absent
17
BT 9
i ORDINANCE (8) SECOND READING PUBLIC HEARING (S)
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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 read a message from Mayor Feliu
urging the Commission to reconsider the importance of keeping
qualified members on the boards. The list of present members of
Planning, ERPB and Historic Preservations boards was read
together with the credential of each member.
The majority of the Commission concurred that the most
important 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:
CITY COMMISSION MINUTES
July 28, 2009
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
Mayor Feliu:
Absent
UNFINISHED BUSINESS
RESOLUTION (S)
(CONT'D) .
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R11
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:11aTt-
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 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; PROVIDING AN
EFFECTIVE DATE. 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)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
22. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE
EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE
AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES
FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE
LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE;
CONSERVATION; RECREATION AND OPEN SPACE;
INTERGOVERNMENTAL COORDINATION; AND CAPITAL
IMPROVEMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 5/5
(Vice Mayor Beasley)
ORDINANCE (S) FIRST READING
23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE POSITION
OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES
CHAPTER 2, "ADMINISTRATION AND CITY GOVERNMENT,"
CITY COMMISSION MINUTES
July 28, 2009
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SECTION 2 -4.4, ENTITLED "RESERVED," PROVIDING FOR AN
ANNUAL PERFORMANCE EVALUATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(Commissioner Palmer)
CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN
CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS.
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(K) (2)
OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON
MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR
WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE
COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER
AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER,
UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY
VOTE OF THE COMMISSION. "
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
CITY COMMISSION MINUTES 2 0
July 28, 2009