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05-20-08 AgendaSouth Miami All- America City CITY COMMISSION AGENDA City Commission Meeting Meeting date: May 20, 2008 Next Regular Meeting date: June 3, 2008 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business- :entity or organization_. to influence "City" action— _'`City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi - judicial and administrative action. CALL TO ®R ®EM A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Lobbyists addressing the City Commission tonight must have been registered with the City Clerk as indicated above. E. Presentation(s) 7:00 p.m. 1. Update from lobbyist on State Funding — Fausto Gomez 2. Officer(s) of the Month: Officer Junior Vijil (March 2008) Detective Henry Guzman (April 2008) 3. National Public Works Week Proclamation 4. Presentation of proceeds from the State of the City Address REGULAR CITY COMMISSION 1 AGENDA — May 20, 2008 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of May 6, 2008 2. City Manager's Report a) Purchases over $5,000 b) Commission's Concerns 3. City Attorney's Report (UNFINISHED BUSINESS) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 4. AN ORDINANCE OF THE MAYOR AND 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. 4/5 (City Manager) PUBLIC REMARKS (5 minutes) CONSENT 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HEALTH CARE; JOINING IN A NATIONWIDE HEALTH CARE REFORM CAMPAIGN TO BUILD SUPPORT FOR ENACTMENT OF FEDERAL LEGISLATION CONSISTENT WITH THE PRINCIPLES FOR REFORM ADOPTED BY THE REGULAR CITY COMMISSION 2 AGENDA - May 20, 2008 AFL -CIO EXECUTIVE COUNCIL; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION JOINING IN A NATIONWIDE HEALTH CARE REFORM CAMPAIGN TO BUILD SUPPORT FOR ENACTMENT OF FEDERAL LEGISLATION CONSISTENT WITH THE PRINCIPLES FOR REFORM ADOPTED BY THE AFL -CIO EXECUTIVE COUNCIL) (Mayor Feliu) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH 64 DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, FOR DISCHARGING ONSITE DRAINAGE (STORMWATER) INTO OFFSITE DRAINAGE FACILITIES TO BE CONSTRUCTED AND MAINTAINED BY 64 DEVELOPMENT CORPORATION IN PERPETUITY; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION. AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH 64 DEVELOPMENT CORP, FOR DISCHARGING ONSITE DRAINAGE INTO OFFSITE DRAINAGE FACILITIES TO BE CONSTRUCTED AND MAINTAINED BY THE CORPORATION IN. PERPETUITY) (City Manager) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING PETER T. JUDE TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MAY 19-,---2010; AND PROVIDING. __ - AN. EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING PETER T. JUDE TO THE ERPB FOR A 2 -YR TERM ENDING 511912010) (Mayor Feliu) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING MICHAEL BEDELL TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MAY 19, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING MICHAEL BEDELL TO THE ERPB FOR A 2 -YR TERM ENDING 511912010) (Mayor Feliu) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING JACQUELYN COFIELD TO SERVE ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM OF TWO YEARS, ENDING MAY 19, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING JACQUELYN COFIELD TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A 2 -YR TERM ENDING 511912010) (Mayor Feliu) REGULAR CITY COMMISSION 3 AGENDA - May 20, 2008 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI CHARTER; EXPANDING THE CHARTER REVIEW COMMITTEE FROM FIVE MEMBERS TO SEVEN MEMBERS; PROVIDING AN EFFECTIVE.DATE. 3/5 (A RESOLUTION EXPANDING THE CHARTER REVIEW COMMITTEE FROM FIVE MEMBERS TO SEVEN MEMBERS) (Commissioner Palmer) RESOLUTION (S) (NONE) EMERGENCY ORDINANCE (ONLY ONE READING REQUIRED) Charter, Art. II, Sec. 6, B (3) 11. AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE - - LAND DEVELOPMENT -- -CODE - AMENDING FOR A PERIOD OF 30 DAYS- REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD) AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR /FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN OTHER PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING THE CITY'S PLANNING BOARD TO MAKE FINAL RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT A PROPOSED ORDINANCE MAKING PERMANENT THE SUSPENDED AND MODIFIED PROVISIONS SET FORTH IN THIS ORDINANCE; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (Commissioner Beckman) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY CREATING SECTION 7 -16 REGULAR CITY COMMISSION 4 AGENDA - May 20, 2008 "PRE- CONSTRUCTION AND CONSTRUCTION STANDARDS FOR SITES;" REQUIRING CONSTRUCTION SITES TO BE KEPT IN A CLEAN AND ORDERLY CONDITION; REQUIRING THE INSTALLATION OF A CHAIN LINK FENCE PRIOR TO CONSTRUCTION ALONG THE BORDERS OF THE SITE; AND TO PROVIDE DETAILED PROCEDURES FOR OBTAINING FENCE PERMIT PRIOR TO CONSTRUCTION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (Commissioner Wiscombe) 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY MODIFYING SECTION 7- 15.2 "DEMOLITION REQUIREMENT STANDARDS" TO PROVIDE ADDITIONAL CLARITY AS TO PROCEDURES FOR OBTAINING FENCE PERMIT PRIOR TO DEMOLITION AND CONSTRUCTION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (Commissioner Wiscombe) 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2 -2.1 (H) AND (J) ESTABLISHING PROCEDURES FOR PUBLIC COMMENTS IN ORDER FACILITATE AN ORDERLY PROCESS IN MANAGING TPUBLIC COMMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN ORDER TO ADD A SUBSECTION (H) PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE APPLICATIONS; AMENDING SECTION 20-6.1 (B) (3) (h)- IN ORDER TO REMOVE THE EXISTING GUIDELINE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A TEA ROOM FACILITY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) REGULAR CITY COMMISSION 5 AGENDA - May 20, 2008 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR A RESTATEMENT OF THE PLAN TO CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN TO COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (Mayor Feliu) ORDINANCE (S) THIRD READING PUBLIC HEARING (S) (NONE) RESOLUTION (S) /PUBLIC HEARING (S) - - -18. A RESOLUTION OF THE: MAYOR AND CITY COMMIS-S- ON OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-3.4(B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO .LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72nd STREET WITHIN THE "SR (HD -OV) " SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 5734 SW 72nd ST) (Deferred 5106108) (City Manager) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING SECTION 2 -47 ENTITLED "EMERGENCY RESERVES FUND," OF ARTICLE V OF THE REGULAR CITY COMMISSION 6 AGENDA — May 20, 2008 CITY'S CODE OF ORDINANCES, ADOPTING A CASH MANAGEMENT POLICY THAT REQUIRES NO LESS THAN 10% OF THE BUDGET TO BE MAINTAINED AT ALL TIMES BY THE CITY AS EMERGENCY RESERVES FUND TO BE USED SOLELY FOR CATASTROPHES OR OTHER UNSCHEDULED EMERGENCIES; PROVIDING FOR CODIFICATION; AND PROVIDING FOR SEVERABILITY, ORDINANCE IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) THE 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 RENOlRKS 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 APPEPT• 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. REGULAR CITY COMMISSION 7 AGENDA - May 20, 2008 r� D a V'V City of South Miami Regular City Commission Minutes May 6, 2008 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in regular session on Tuesday, May 6, 2008, beginning at 7:20 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and, Commissioners Randy G. Wiscombe, Velma Palmer and Jay Beckman. Also in attendance were: City Attorney Luis Figueredo, City Clerk Maria M. Menendez and City Manager Ajibola Balogun. B. Invocation: The invocation was delivered by Mayor Feliu. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. D. Presentations(s) The Green Task Force presentation relating to environmental issues. Victor Dover, a prominent architect and resident of the City, addressed the Commission on the issues pertaining to global warming. Among other things, Mr. Dover spoke of sea level risks; he said that the new job for leaders is how we handle climate change which is happening sooner and faster than we thought. He mentioned that the most important instrument for any city to become green is having street trees. He said that mayors who signed the Kyoto Protocol are committed to lower the amount of miles we drive per year. He went over the basics we need to adopt in order to save our climate and secure the future of our youth. For the "Inconvenient Truth," he said, we have the Convenient Remedy, and that is, having more and more pedestrian- friendly communities. REGULAR CITY COMMISSION 1 MINUTES - May 6, 2008 1 Go Green Pedicabs •2 3 Carlos Lastres addressed the Commission regarding a system 4 of bicycle - powered pedi -cabs which could be implemented within 5 the City's downtown area. Mr. Lastres distributed packets of 6 information on his services. 7 8 This was the end of the presentations. 9 10 11 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 12 13 1. Approval of Minutes 14 15 Minutes of April 22, 2008 16 17 Moved by Commissioner Wiscombe, seconded by Commissioner 18 Palmer, the motion to approve the minutes of April 22, 2008 19 passed by a 5 -0 vote: 20 21 Commissioner Wiscombe: Yea 22 Commissioner Palmer: Yea 23 Commissioner Beckman: Yea 24 Vice Mayor Beasley: Yea ^� 25 Mayor Feliu: Yea 26 27 28 2. City Manager's Report 29 30 ■ Notice of construction for improvements at SW 67th 31 Ave /SW 64th St to commence next week; (This and other 32 update information provided in red folder) 33 ■ Requesting status of sponsored ordinances —going before 34 the Planning Bd; (Beckman /Youkilis) 35 ■ Status on commencement of Bird Rd sidewalk project - 36 still working with all entities involved; 37 (Beckman /Balogun) 38 ■ Status on analysis of the senior center and the So 39 Miami Elementary School building; (Beckman /Balogun) 40 ■ Comments on City Manager's contract —the goal in 41 presenting the draft to the Commission was to get 42 input from everyone before presenting it in final 43 form; (Beckman /Figueredo) 44 ■ Agenda is too long and something needs to be done 45 about it; (Palmer) 46 ■ The five minutes allowed for public remarks need to be 47 enforced; (Palmer) 48 ■ We need to clarify the responsibilities of a liaison 49 appointed by the Commission so that decisions can be REGULAR CITY COMMISSION 2 MINUTES - May 6, 2008 1 made as a body and not from a single individual; •2 (Wiscombe) 3 Commended the City Manager for his extraordinary 4 efforts.and for making such a good job; (Wiscombe ) 5 ■ Status on the senior center's sheltered bus stop - 6 construction starting tentatively in 60 days; 7 (Feliu /Balogun) 8 ■ Requesting that the sidewalk in front of new 9 construction on SW 67th Ave be finalized —we are holding 10 developer responsible and no CO will be issued until 11 they build the sidewalk; (Wiscombe /Balogun) 12 13 With no further comments, the City Manager's Report ended. 14 15 16 3. City Attorney's Report 17 18 • Regarding the parking garage, Counselor Figueredo 19 explained that since the structure has two components: 20 retail and public purpose (parking), the retail 21 component could undermine the tax exempt status of the. 22 structure. Counselor explained this for the purpose of 23 getting directions from the Commission as to how to 24 move forward. He said that he met with the County, and that the vehicle that we can utilize in order to 1025 26 preserve the . tax.- ..exempt status of the majority of the 27 structure is a Declaration of Condominium; the result 28 will be having three folio numbers: one folio number . 29 will be for MRP; the second one will be the retail 30 space that is owned by the City; and the third folio 31 will encompass all of the parking. 32 • Counselor said that we have until September on the 33 above issue, but that he will prepare a memorandum for 34 the Commission explaining the options in detail. 35 • Counselor then explained to Commissioner Palmer that 36 she could interject whenever she feels that a speaker 37 is being redundant and therefore exceeding his /her 38 five minutes; she may express her concern to the Mayor 39 by asking for a "point of order ". 40 • Counselor also explained that the reason for the 41 attorney - client session being scheduled for this 42 evening is that we are going to trial on Monday and 43 this is the last opportunity for him to meet with the 44 Commission. 45 • He also explained that the length of the agenda is 46 mainly dictated by the Commission, and staff has very 47 little control over that. 48 49 With no further reports this session was closed. REGULAR CITY COMMISSION 3 MINUTES - May 6, 2008 1 RESOLUTION (S) • 2 3 64 -08 -12661 4 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, CALLING ON THE MIAMI -DADE 6 BOARD OF COUNTY COMMISSIONERS TO OPPOSE ANY EXTENSION TO 7 THE URBAN DEVELOPMENT BOUNDARY AT THE PRESENT TIME, TO 8 ENCOURAGE INFILL DEVELOPMENT AND ADHERENCE TO THE COUNTY 9 DEVELOPMENT MASTER PLAN AS CURRENTLY ADOPTED, INCLUDING 10 THE ADOPTED 2003 EVALUATION AND APPRAISAL REPORT; 11 PROVIDING AN EFFECTIVE DATE. 3/5 12 (Mayor Feliu) 13 14 Moved by Mayor Feliu, seconded by Commissioner Wiscombe to 15 approve this item. 16 17 After some comments from the Commission, Commissioner 18 Beckman proposed an amendment to the resolution. 19 20 Moved by Commissioner Beckman to amend Section 2, line 20, 21 to end the paragraph with the word development, and that the rest 22 of Section 2 be deleted. Seconded by Vice Mayor Beasley, the .23 motion to amend, and to approve the item as a whole passed by a • 24 5 -0 vote: 25 26 Commissioner Wiscombe: Yea 27 Commissioner Palmer: Yea 28 Commissioner Beckman: Yea 29 Vice Mayor Beasley: Yea 30 Mayor Feliu: Yea 31 32 33 RESOLUTION (S) /PUBLIC HEARING (S) 34 35 36 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 37 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO 38 SECTION 20 -3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR 39 A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT 40 LOCATED AT 5734 SW 72nd STREET WITHIN THE "SR (HD -OV) " 41 SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING 42 DISTRICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 43 (City Manager) 44 45 Moved by Mayor Feliu, seconded by Commissioner Wiscombe to 46 approve this item. 47 REGULAR CITY COMMISSION 4 MINUTES - May 6, 2008 1 Mr. Youkilis presented this item. He explained that as the •2 result of change in use, there will be an additional parking 3 requirement of 31 spaces, which the applicant has advised that 4 they will meet by utilizing off -site parking provisions as set 5 forth in the Land Development Code.' 6 7 Commissioner Wiscombe said that the minutes from the Parking 8 Board were not included in the backup and that they are very 9 important. Also, he reminded about the outdoor dining moratorium 10 and to make sure that the applicant is aware of that. 11 12 The public hearing was opened and closed with no speakers. 13 14 Commissioner Beckman argued that according to the Settlement 15 Agreement, the 5th level of the parking garage is estimated at 80 16 spaces and shall be dedicated parking for the retail tenants; 17 therefore, he said that he reads it as the 5th level not being 18 able to be leased to someone else. 19 20 Counselor Figueredo explained that there is an 21 inconsistency; the decal parking is on the top floor because 22 initially what MRP was attempting to do was put the tenants on 23 the top .floor;. however, the tenants are now parking on the 4th 24 floor. He said that the real issue, in his opinion, is whether or 25 not decal parking meets the definition of public parking. He said 026 that as long as there is excess of parking there is no double 27 28 29 29 After some further discussion the Commission decided to 30 defer this item. 31 32 Moved by Commissioner Palmer, seconded by Commissioner 33 Beckman, the motion to defer this item passed by a 5 -0 vote: 34 35 Commissioner Wiscombe: Yea 36 Commissioner Palmer: Yea 37 Commissioner Beckman: Yea 38 Vice Mayor Beasley: Yea 39 Mayor Feliu: Yea 40 41 65 -08 -12662 42 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 43 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF 44 A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 4 5 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE 46 INSTALLATION OF A HANGING SIGN IN THE FIRST FLOOR ARCADE 47 OF A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED 48 AT 5851 SUNSET DRIVE (SHELLEY BUILDING) ; PROVIDING AN �49 EFFECTIVE DATE. 3/5 50 (City Manager) REGULAR CITY COMMISSION 5 MINUTES - May 6, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 • 49 50 Moved by Mayor Feliu, seconded by Commissioner Palmer to approve this item. Mr. Youkilis presented this item. The Historic Preservation Board recommended approval of the request with the condition that the telephone number be removed from the sign. After the presentation from staff, the public hearing was opened. Janet Launcelott said that as a bicycle rider, she has some concerns with the position of the sign and urged the Commission to take the height of the hanging sign into consideration. With no further speakers the public hearing was closed. With some further comments, the motion to approve this item passed by a 5 -0 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea At this time the Mayor announced a 5- minute break. 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5. 19 (E) (3 ) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A WALL /FLAT SIGN ON A DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING), PROVIDING AN EFFECTIVE DATE. (City Manager) 3/5 Moved by Mayor Feliu, seconded by Commissioner Wiscombe to approve this item. Mr. Youkilis presented this item. The Historic Preservation Board felt that the location of the sign would degrade the appearance of the shaped parapet. The Board then recommended approval of the request with the limitation that it be located on the fagade at the first floor level or on the west fagade of the first or second floor level. REGULAR CITY COMMISSION 6 MINUTES - May 6, 2008 1 Commissioner Wiscombe urged staff to bring to the attention •2 of the Historic Preservation Board the need to take a good look 3 at what is being proposed and whether it is suitable for the 4 building in. question because we need to ,preserve the character of 5 our historic buildings. 6 7 The public hearing was opened and closed with no speakers. 8 9 With some further comments, the motion to approve this item 10 passed by a 5 -0 vote: 11 12 Commissioner Wiscombe: Yea 13 Commissioner Palmer: Yea 14 Commissioner Beckman: Yea 15 Vice Mayor Beasley: Yea 16 Mayor Feliu: Yea 17 18 19 67 -08 -12664 20 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 21 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF 22 A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 23 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE 24 REPLACEMENT OF FRONT FACADE WINDOWS AND DOORS ON A 25 DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED AT .5712 .26 SUNSET DRIVE (CROSSROADS --­ ..- BUILDING) ; PROVIDING AN 27 EFFECTIVE DATE. 3/5 28 (City Manager) 29 30 Moved by Mayor Feliu, seconded by Commissioner Palmer to 31 approve this item. 32 33 Mr. Youkilis presented this item. The Historic Preservation 34 Board recommended approval with the condition that the metal 35 elements of the storefront should consist of black anodized 36 aluminum mullions to match adjacent store - fronts. 37 38 The public hearing was opened and closed with no speakers. 39 40 With no further comments or discussion, the motion to 41 approve this item passed by a 5 -0 vote: 42 43 Commissioner Wiscombe: Yea 44 Commissioner Palmer: Yea 45 Commissioner Beckman: Yea 46 Vice Mayor Beasley: Yea 47 Mayor Feliu: Yea 48 049 50 REGULAR CITY COMMISSION 7 MINUTES - May 6, 2008 1 • 2 ORDINANCE (S) FIRST READING 3 4 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE 6 SOUTH MIAMI CODE OF ORDINANCES BY CREATING SECTION 7 -16 7 "PRE- CONSTRUCTION AND CONSTRUCTION STANDARDS FOR SITES;" 8 REQUIRING CONSTRUCTION SITES TO BE KEPT IN A CLEAN AND 9 ORDERLY CONDITION; REQUIRING THE INSTALLATION OF A CHAIN 10 LINK FENCE PRIOR TO CONSTRUCTION ALONG THE BORDERS OF 11 THE SITE; AND TO PROVIDE DETAILED PROCEDURES FOR 12 OBTAINING FENCE PERMIT PRIOR TO CONSTRUCTION; PROVIDING' 13 FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN 14 EFFECTIVE DATE. (Deferred 4101108) 3/5 15 (Commissioner Wiscombe) 16 17 Moved by Commissioner Palmer, seconded by Mayor Feliu to 18 approve this item. 19 20 Commissioner Wiscombe explained that the purpose of this 21 ordinance is to eliminate some discrepancies and procedure on how 22 to implement these guidelines prior to and not after new 23 construction. �24 , 25 With no furttf rY Tcomments or discussion, the motion to 26 approve this item passed by a 5 -0 vote: 27 28 Commissioner Wiscombe: Yea 29 Commissioner Palmer: Yea 30 Commissioner Beckman: Yea 31 Vice Mayor Beasley: Yea 32 Mayor Feliu: Yea 33 34 35 10. AN ORDINANCE OF THE MAYOR AND CITY- COMMISSION OF THE 36 CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE 37 SOUTH MIAMI CODE OF ORDINANCES BY MODIFYING SECTION 7- 38 15.2 "DEMOLITION REQUIREMENT STANDARDS" TO PROVIDE 39 ADDITIONAL CLARITY AS TO PROCEDURES FOR OBTAINING FENCE 40 PERMIT PRIOR TO DEMOLITION AND CONSTRUCTION; PROVIDING 41 FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN 42 EFFECTIVE DATE. (Deferred 4101108) 3/5 43 (Commissioner Wiscombe) 44 45 Moved by Commissioner Palmer, seconded by Mayor Feliu to 46 approve this item. •47 REGULAR CITY COMMISSION 8 MINUTES - May 6. 2008 I Commissioner Wiscombe said that this ordinance has the same •2 purpose as the prior one. 3 4 With some further comments, the motion to approve this item 5 passed by a 5 -0 vote: 6 7 Commissioner Wiscombe: Yea 8 Commissioner Palmer: Yea 9 Commissioner Beckman: Yea 10 Vice Mayor Beasley: Yea 11 Mayor Feliu: Yea 12 13 14 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 15 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND 16 DEVELOPMENT CODE;. REMOVING FROM. THE LAND DEVELOPMENT 17 CODE SECTION 20- 4.4(G) ENTITLED "JOINT USE SPACES VIA 18 SPECIAL PARKING PERMIT "; REMOVING FROM THE LAND 19 DEVELOPMENT CODE SECTION 20- 4.4(H) ENTITLED "METRO -RAIL 20 USAGE CONSIDERATION VIA SPECIAL PARKING PERMIT "; 21 AMENDING SECTION 20 -7.6 ENTITLED "PARKING" IN ORDER TO 22 MODIFY REGULATIONS PERTAINING TO BONUSES AND PARKING 23 REDUCTIONS IN THE "SR (HD -OV) " SPECIALTY RETAIL (HOMETOWN 1024 DISTRICT OVERLAY) ZONING DISTRICT; AMENDING SECTION 20- 25 8.10 ENTITLED "BONUS ALLOCATIONS" IN ORDER TO ELIMINATE 26 PARKING' REDUCTIONS AND PARKING BONUSES FOR DEVELOPMENT" 27 IN THE "TODD" TRANSIT ORIENTED DEVELOPMENT DISTRICT 28 ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES 29 IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 30 (Commissioner Beckman) 31 32 Moved by Mayor Feliu, seconded by Commissioner Palmer to 33 approve this item. 34 35 Commissioner Beckman conducted a presentation entitled 36 "Proposed Town Center Parking Standards ". He said that this 37 ordinance will put an end to the ongoing moratorium. In 38 conclusion he said that: We need policies that encourage shared 39 parking in downtown; parking reduction for mixed -used buildings 40 should be 20 -25 percent; and, that we should continue to monitor 41 parking in both districts and make code adjustments as needed. 42 43 Commissioner Palmer said that there is too much information 44 relating to this issue which needs to be considered carefully, 45 and she suggested holding a workshop. 46 47 Commissioner Wiscombe concurred with Commissioner Palmer; he . 48 said that this is an issue that should be dealt with carefully. REGULAR CITY COMMISSION 9 MINUTES - May 6, 2008 1 Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the •2 motion to approve this item, with the caveat that it will not 3 come back for second reading until workshops) are held, passed 4 by a 5 -0 vote: 5 6 Commissioner Wiscombe: Yea 7 Commissioner Palmer: Yea 8 Commissioner Beckman: Yea 9 Vice Mayor Beasley: Yea 10 Mayor Feliu: Yea 11 12 13 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 14 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING.THE 15 CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 16 2 -2.1 (H) AND (J) ESTABLISHING PROCEDURES FOR PUBLIC 17 COMMENTS IN ORDER TO FACILITATE AN ORDERLY PROCESS IN 18 MANAGING PUBLIC COMMENTS; PROVIDING FOR SEVERABILITY, 19 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 20 (Commissioner Beckman) 21 22 Moved by Mayor Feliu, seconded by Commissioner Wiscombe to 23 approve this item. 24 25 Commissioner Beckman explained that what this ordinance is --2- ---- trying to do is to help maintain a balance- -du -r- ng Commission 27 meetings; allowing for public comments and input, and at the same 28 time attending to the business on the agenda. In addition, he 29 referred to a proposed complaint form that would facilitate 30 communication between the public and staff. 31 32 Commissioner. Palmer said that part of this ordinance is 33 fine; however, there are other parts that may be in conflict with 34 our. Charter. She also said that no rule that is in writing will 35 do any good if it is not enforced. 36 37 Counselor Figueredo clarified that what we have is a 38 Preamble for our Charter, called "The Citizens' Bill of Rights," 39 which has a provision about the right to be heard; it doesn't say 40 when, nor does it speak about a specific time. Counselor then 41 expanded on what the ordinance proposes. 42 43 Mayor Feliu concurred with the need to have some control in 44 conducting the meetings so that City business may be taken care 45 of by the end of the meeting. 46 47 Commissioner Wiscombe said that there are some 48 inconsistencies in the proposed ordinance and that he would not .49 support it in the way that is written. 50 REGULAR CITY COMMISSION 10 MINUTES - May 6, 2008 1 Vice Mayor Beasley said that the sponsor of the ordinance is2 had good intentions for writing it; he said that the Commission 3 also speaks for too long and that if they are able to control 4 what they say, as well as they control the public, then the 5 problem can be resolved. 6 7 With no further comments, the motion to approve this item 8 passed by a 3 -2 vote: 9 10 Commissioner Wiscombe: Nay 11 Commissioner Palmer: Nay 12 Commissioner Beckman: Yea 13 Vice Mayor Beasley: Yea 14 Mayor Feliu: Yea 15 16 17 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 18 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 19 AMEND LAND DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED 20 "VARIANCE APPROVALS" IN ORDER TO ADD A SUBSECTION (H) 21 PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE 22 APPLICATIONS; AMENDING SECTION 20-6.1 (B) (3) (h) IN ORDER 23 TO REMOVE THE EXISTING GUIDELINE; PROVIDING FOR 24 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 1025 PROVIDING AN EFFECTIVE DATE. 3/5 26 (Commissioner - Beckman) 27 28 Moved by Mayor Feliu, seconded by Commissioner Beckman to 29 approve this item. 30 31 Mr. Youkilis presented this item. The proposed amendments 32 consist of five criteria which must be considered in approving a 33 requested variance. After the presentation by staff, some 34 amendments were made to the proposed criteria. 35 36 Moved by Commissioner Beckman to amend criteria no. 4 to add 37 "buildings or structures ". Seconded by Vice Mayor Beasley, the 38 motion to amend passed by a 5 -0 vote: 39 40 Commissioner Wiscombe: Yea 41 Commissioner Palmer: Yea 42 Commissioner Beckman: Yea 43 Vice Mayor Beasley: Yea 44 Mayor Feliu: Yea 45 46 At this time Commissioner Beckman proposed an additional 47 amendment to criteria no. 3, by adding at the end of the 0 48 sentence: "including due diligence at the time of the property 49 purchase ".. REGULAR CITY COMMISSION 1 1 MINUTES - May 6, 2008 1 Counselor Figueredo said that he would like to think about • 2 that because "due diligence" raises an interesting question of 3 what constitutes satisfactory due diligence. Commissioner Beckman 4 agreed to discuss this at the next reading of the ordinance. 5 6 With no further comments, the motion to approve this item as 7 amended passed by a 5 -0 vote: 8 9 Commissioner Wiscombe: Yea 10 Commissioner Palmer: Yea 11 Commissioner Beckman: Yea 12 Vice Mayor Beasley: Yea 13 Mayor Feliu: Yea 14 15 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION' OF THE 16 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND 17 DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED 18 USE SCHEDULE" IN ORDER TO ALLOW A TEA ROOM FACILITY AS 19 A PERMITTED USE IN THE "GR" GENERAL RETAIL ZONING USE 20 DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN 21 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 22 (City Manager) 23 24 Moved by Mayor Feliu, seconded by Commissioner Wiscombe to 25 approve this item. 27 The item was presented by Mr. Youkilis. Presently, this use 28 is allowed in various districts. He indicated that it is 29 important to note that this application is asking that the tea 30 room be allowed in the General Retail (GR) which runs along Dixie 31 Highway and also along Bird Road. The applicant is requesting to 32 add the tea room to the existing bakery establishment. 33 34 Commissioner Palmer questioned as to whether it is a good 35 idea to generalize this use, instead of just treating it as site 36 specific. 37 38 Mr. Youkilis explained that our zoning is based on districts 39 and therefore we need to treat everybody the same. He said that 40 according to research, professionals have recommended that this 41 zoning district could accommodate this use wherever is located. 42 43 With no further comments, the motion to approve this item 44 passed by a 5 -0 vote: 45 46 Commissioner Wiscombe: Yea 47 Commissioner Palmer: Yea 48 Commissioner Beckman: Yea �49 Vice Mayor Beasley: Yea 50. Mayor Feliu: Yea REGULAR CITY COMMISSION 12 MINUTES - May 6, 2008 1 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 2 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND 3 DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED 4 USE SCHEDULE" IN ORDER TO ALLOW A PHYSICAL FITNESS 5 FACILITY AS A SPECIAL USE IN THE "GR" GENERAL RETAIL 6 ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, 7 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 8 .(City Manager) 4/5 9 10 Moved by Mayor Feliu, seconded by Commissioner Wiscombe to 11 table this item. 12 13 The reason to table this item was because Counselor 14 Figueredo announced that the application had been withdrawn. 15 16 Commissioner Palmer raised a question about the motion to 17 table .since there was an application for this request and she 18 wanted to have some answers. She then referred to a couple of 19 letters in her possession, one from the person requesting the 20 license, and a second letter where the attorney is telling them 21 that they are in compliance. 22 23 Counselor Figueredo said that he did not say in the letter 24 that they were in compliance. He then stated for the record, that 1025 what the letter said is that they are not in parking compliance, 26 and on the.l- a -at-- sentence of the letter he specifically said that 27 if they do not meet parking they will be cited. The second point 28 is, he continued, the Land Development Code, which I didn't 29 author, specifically says what a personal skills instruction 30 studio is; it defines it, and it specifically says that it is a 31 business that teaches its clients skills such as exercise; it 32 does not limit class size; it does not say that they can have 33 five or forty. My burden here, he said, is that I have to apply 34 that definition uniformly in the City. There are ballet studios 35 and there are karate studios that also meet that definition of 36 personal skills instruction, and their classes are much bigger 37 than 3 -5 students; I have to apply that definition uniformly. 38 This applicant, in this case has made an assertion; and the 39 assertion is that it is personal skills teaching exercise, and 40 that no one can come to the gym and work out without a personal 41 instructor. I am limited, Counselor continued, because our code 42 is very broadly defining the term "personal skills instruction 43 studio," and I have to apply that law the same to everyone. In 44 addition, he said that he has told them that because they meet 45 the definition because it is so broad, that does not excuse them 46 from compliance; they must still meet parking compliance, and 47 that is what my letter says, I never said that they are in 48 compliance, he concluded. r� REGULAR CITY COMMISSION 13 MINUTES - May 6, 2008 Counselor Figueredo said that we should treat this applicant as we treat every other applicant. The City needs to be consistent with whatever policy that Code Enforcement applies. .Mayor Feliu said that the next step is to tighten up our Code and define exactly what we need to define so that this doesn't repeat itself. The Mayor said that he will be glad to sponsor an ordinance amending the Code. With some further comments, the motion to .table this item passed by a 4 -1 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Nay Commissioner. Beckman: Yea Vice Mayor Beasley: Yea Mayor Feliu: Yea PUBLIC REMARKS (5- minutes) Shirley Huebner addressed the- Commission regarding the decision to table item no. 15. She expressed great discontent, with that decision and with the interpretation of the Land Deve- hopment Code. - - -- At this time Mayor Feliu moved to extend the meeting to 12:00 a.m. Seconded by Commissioner Palmer, the motion passed by a 4 -1 vote: Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Nay Vice Mayor Beasley: Yea Mayor Feliu: Yea David Tucker Sr. addressed the Commission with something that he had prepared to deliver on April Fools' Day. Ann Eldredge echoed Ms. Huebner's concerns regarding the decision made on item no. 15. Jacquelyn Chambliss, a business owner of the City, spoke about the need for a swimming pool for the Community Center, asking for the status of the project. Claudia Hauri thanked the Mayor for asking her to join the meeting with FDOT regarding the left hand turn on Sunset and US1. REGULAR CITY COMMISSION 14 MINUTES - May 6, 2008 She said that after that meeting she realized that perhaps another study could be in order since it has been a few years since the last study was done. She then asked whether the EAR is final. She also asked for the installation of a street sign on 77th Terrace. Sharon McCain referred to the Land Development Code saying that it is too permissive and that it needs to be updated. She then referred to item no. 12 on the agenda relating to public comments. She indicated that she is appalled at the proposed ordinance. She said that the Commission in most instances is the one that causes delays for the meetings and that they need to listen to the public. Brian Mae said that M Cycle has been living up to the City's code since 1996. He said that all the complaints are due to the parking situation. He then said that the property owner, who purchased the property in 2005, and who has been operating that business in the same fashion as it has been since its inception, received a violation notification in 2007. He said that all the owner wants is to work with the City and the neighbors to work out the parking situation, and that they will meet their parking requirements and even exceed them. Fidelma Farina spoke about Brewer Park and about her request to Public Works to make some improvements to the Park in order to make it more secure for the small chit "dreri: She said to be very pleased with the expedience of the City in answering her request. However, she said that she was informed by staff that there have been some complaints about the new additions to the park such as the barricades which some people do not find aesthetically pleasing. She then asked the Commission to be sympathetic to the people that have complained and try to do something about. Simon Codrington Jr. urged the Commission to be cautious about making any changes to the TODD. Regarding item no. 27 relating to the EAR, he applauded the Commission for including the language defining the Madison Square project. Dorolyn Dean urged the Commission to revisit item no. 12. She also referred to the Madison Square project, saying that it is not clear and that she would like for this to be explained in more detail. Walter Harris commended the Mayor for bringing forward item no. 4 relating to the extension of the UDB. He then said that it does not seem fair that Commissioner Palmer has to pay for her own defense with regard to the recent election. He also referred to the item on the agenda relating to legal fees. REGULAR CITY COMMISSION 1 rJ MINUTES - May 6, 2008 Levy Kelly referred to item no. 12 relating to public comments; urging the Commission to be more sympathetic to people seating all night at the meetings waiting to speak. He then commended Commissioner Wiscombe - for reminding the Commission that they need to work as a body and not as individuals. With no further speakers the public remarks ended CONSENT 68 -08 -12665 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER. TO EXECUTE A CONTRACT, RELATING TO SPECIAL MASTER SERVICES; APPOINTING KATHRYN K. ESTEVEZ, ESQ. AS SPECIAL MASTER FOR THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED TO EXPENSE ACCOUNT #001.1640.524.3111 ENTITLED "CODE ENFORCEMENT PROFESSIONAL SERVICES - SPECIAL MASTERS" TO BE FUNDED THROUGH THE REVENUE COLLECTION ACCOUNT TITLED "CODE ENFORCEMENT FINES REVENUE ACCOUNT" - 001.0000.341.9040; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 69 -08 -12666 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $41,175.13; CHARGING $5,000.11 TO ACCOUNT NO. 001 - 1500 - 514- 34 -10, LITIGATION SPECIAL PROJECTS AND COSTS; CHARGING $2,000.00 TO ACCOUNT NO. 001 - 1500 - 514- 34 -52, CODE ENFORCEMENT; AND CHARGING $34,197.82 TO ACCOUNT NO. 001 - 1500 - 514- 34 -54, LITIGATION RESERVE; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) 70 -08 -12667 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING LASHAWNDA WILLIAMS TO SERVE ON THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) BOARD FOR A TWO -YEAR TERM ENDING MAY 5, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) REGULAR CITY COMMISSION 16 MINUTES - May 6, 2008 REGULAR CITY COMMISSION 17 MINUTES - May 6, 2008 1 71 -08 -12668 2 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 4 COMMITTEES; APPOINTINGN JAVIER BANOS TO SERVE ON 5 THE PENSION BOARD FOR A TWO -YEAR TERM ENDING MAY 5, 6 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 7 (Mayor Feliu) 8 9 72 -08 -12669 10 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 11 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 12 COMMITTEES; APPOINTING DANIEL MONTANA TO SERVE ON THE 13 PENSION BOARD FOR A TWO -YEAR TERM ENDING MAY 5, 2010; 14 AND PROVIDING AN EFFECTIVE DATE. 3/5 15 (Mayor Feliu) 16 17 73 -08 -12670 18 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 19 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 20 COMMITTEES; APPOINTING JUAN COMENDEIRO TO SERVE ON THE 21 PLANNING BOARD FOR A TWO -YEAR TERM ENDING MAY 5, 2010; 22 AND PROVIDING AN EFFECTIVE DATE. 3/5 23 (Mayor Feliu) �24 25 —. - -. 74 -08 -12671 26 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 27 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 28 COMMITTEES; APPOINTING NANCY COBB TO SERVE ON THE 29 AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM OF 30 TWO YEARS, ENDING MAY 5, 2010; AND PROVIDING AN 31 EFFECTIVE DATE. 3/5 32 (Mayor Feliu) 33 34 75 -08 -12672 35 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 36 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 37 COMMITTEES; RE- APPOINTING DOROLYN DEAN TO SERVE ON THE 38 AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM OF 39 TWO YEARS, ENDING MAY 5, 2010; AND PROVIDING AN 40 EFFECTIVE DATE. 3/5 41 (Mayor Feliu) 42 43 76 -08 -12673 44 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 45 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND `47 46 COMMITTEES; RE- APPOINTING DAVID S. TRAUTMAN, TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR REGULAR CITY COMMISSION 17 MINUTES - May 6, 2008 I A TWO YEAR TERM ENDING MAY 5, 2010; AND PROVIDING AN 2 EFFECTIVE DATE. 3/5 3 (Mayor Feliu) 4 5 77 -08 -12674 6 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 7 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 8 COMMITTEES; RE- APPOINTING CAROL MARK, TO SERVE ON THE 9 ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO 10 YEAR TERM ENDING MAY 5, 2010; AND PROVIDING AN 11 EFFECTIVE DATE. 3/5 12 (Mayor Feliu) 13 14 78 -08 -12675 15 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 16 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 17 COMMITTEES; RE- APPOINTING GIORGIO BALLI, TO SERVE ON 18 THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A 19 TWO YEAR TERM ENDING MAY 5, 2010; AND PROVIDING AN 20 EFFECTIVE DATE. 3/5 21 (Mayor Feliu) 22 23 Moved by Commissioner Wiscombe, seconded by Mayor Feliu, the 1024 motion to approve the Consent Agenda passed by a 5 -0 vote: 25 '26 Commissioner Wiscombe: Yea 27 Commissioner Palmer: Yea 28 Commissioner Beckman: Yea 29 Vice Mayor Beasley: Yea 30 Mayor Feliu: Yea 31 32 33 Mayor Feliu, in an effort to shorten the length of the 34 meetings, suggested for staff to place as many items as possible 35 under the Consent Agenda, and to place only items on the agenda 36 that are time sensitive. 37 38 At this time the Commission agreed to hear item no. 28 (now 39 no. 27) . As a result, item no. 28 will be brought back at the 40 next regular meeting as "unfinished business" and therefore will 41 be heard as the first item on the agenda. 42 43 44 ORDINANCE (S) FIRST READING 45 46 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE •47 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH 48 MIAMI PENSION PLAN, PROVIDING FOR A RESTATEMENT OF THE REGULAR CITY COMMISSION 18 MINUTES - May 6, 2008 36 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 37 38 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 39 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE EVALUATION 40 AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE 41 SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO 42 THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING 43 COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; 44 TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; 45 RECREATION AND OPEN SPACE; INTERGOVERNMENTAL 046 COORDINATION; AND CAPITAL IMPROVEMENTS;; PROVIDING FOR REGULAR CITY COMMISSION 19 MINUTES - May 6, 2008 1 PLAN TO CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER 2 TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE 3. PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN TO 4 COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING 5 FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING 6 FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN 7 EFFECTIVE DATE. 3/5 8 (Mayor Feliu) 9 10 Moved by Commissioner Wiscombe, seconded by Mayor Feliu and 11 Commissioner Palmer to approve this item. 12 13 Mayor Feliu thanked Pension Board Chair Brad Cassel for 14 working with the pension attorney on this ordinance which was 15 well overdue and that it will make us in compliance with 16 statutes. 17 18 Counselor Figueredo said that he has recommended to staff 19. that the pension attorney be here at the second reading in case 20 he needs to answer any questions. 21 22 With some further comments, the motion to approve to approve 23 this item passed by a 5 -0 vote: 24 25 Commissioner Wiscombe: Yea 2 -6 Commissioner Palmer: - - - - -- Yea 27 Commissioner Beckman: Yea 28 Vice Mayor Beasley: Yea 29 Mayor Feliu: Yea 30 31 32 33 (UNFINISHED BUSINESS) 34 35 36 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 37 38 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 39 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE EVALUATION 40 AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE 41 SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO 42 THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING 43 COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; 44 TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; 45 RECREATION AND OPEN SPACE; INTERGOVERNMENTAL 046 COORDINATION; AND CAPITAL IMPROVEMENTS;; PROVIDING FOR REGULAR CITY COMMISSION 19 MINUTES - May 6, 2008 1 •2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 • • SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) COMMISSION REMARKS Each Commission member was afforded an opportunity for comments. There being no further business to come before this Body, the meeting adjourned at 11:57 a.m. Attest Maria M. Menendez City Clerk REGULAR CITY COMMISSION MINUTES - May 6, 2008 20 Approved Horace G'. Feliu Mayor South Miami aftedca City 1 1 �+ CITY OF SOUTH MIAMI INCORPORATED D �� 0 era P • OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola W. Balogun, City Manager Matilde Menendez, Interim Finance Director From: Kathy Vazquez, Purchasing M Date: May 20, 2008 Subject: Expenditures over $5,000.00 On March 10, 2005, the City Commission requested that purchase expenditures in excess of the $5,000.00 be reported via the City Managers report instead of a Resolution. This procedure was developed with the intent of full disclosure of expenditures expected to exceed $5,000.00 during a fiscal year. During the current fiscal year several reports have been submitted advising you of estimated expenditures and changes for the current fiscal year. During our routine monitoring of the vendors we found that the following vendors are expected to exceed $5,000.00 and /or are expected to exceed the previously approved amount during the current fiscal year 2007/2008. Vendor name Description of sys Est. Expenses for FN 07/08 Highland Products P &R bleachers $ 10,000.00 Aquagenix Lake /canal equip., maint. & supplies $ 20,000.00 Interior Universal flooring, blinds $ 17,000.00 Office Express Supply office supplies and partitions, etc $ 15,000.00 Board County Comm elections $ 16,400.00 Palm Engineering engineering sys $ 65,000.00 All vendors will continue to be monitored throughout the remainder of the fiscal year for Charter compliance by Central Services. There will be additional reports through out the fiscal year as vendor expenditures either increase or new vendors are selected. Please let me know if you have any questions.