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a
City of South Miami
Regular City Commission Minutes
May 20, 2008
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, May 20, 2008, beginning at 7:06
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)
Update from lobbyist on State Funding — Fausto Gomez
Mr. Gomez presented his 2008 Legislative Report to the
Commission, which I have attached to these minutes.
Officer(s) of the Month:
Officer Junior Vijil (March 2008)
Detective Henry Guzman (April 2008)
Acting Police Chief presented awards to the above officers
for their respective and multiple accomplishments in their field.
National Public Works Week Proclamation
The Mayor, together with the entire Commission presented the
proclamation to Public Works staff.
Presentation of proceeds from the State of the City Address
REGULAR CITY COMMISSION
MINUTES - May 20, 2008
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The Mayor, together with the entire Commission presented two
checks in the amount of $2,364.77 each, from the proceeds from
the State of the City Address to the South Miami Alliance for
Youth, and for the After School Program.
This was the end of the presentations.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes of Mav 6, 2008
Moved by Commissioner Wiscombe, seconded by Commissioner
Palmer, the motion to approve the minutes of May 6, 2008 passed
by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Palmer: Yea
Commissioner Beckman: Yea
Vice Mayor Beasley: Yea
Mayor Feliu: Yea
2. City Manager's Report
• Purchases over $5,000
• Answers regarding Commission's Concerns, and
information on various events; (submitted in the red
folder /Balogun)
• Requested information regarding grants program for
drinking water —those are loan programs, and what we
have left is upgrades to our potable water system
which is included in the 5 -yr plan. These loans are
mainly for utility companies; (Beckman /Balogun)
• Regarding problems with cuts in funding for public
schools; will be proposing a resolution addressing
this problem to bring it forward to the League of
Cities —as a Board member of the League the Mayor will
bring this issue to that organization; (Palmer / Feliu)
• The Mayor will be appointing Commissioner Wiscombe as
liaison to the League; Vice Mayor Beasley also
expressed an interest for the next opening of the
liaison position; (Feliu /Beasley)
• The M Cycle withdrawn application was discussed; also
the need for updating the LDC for which Commissioner
Wiscombe will be bringing forward a resolution for the
REGULAR CITY COMMISSION
MINUTES - May 20, 2008
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creation of a task force to go over the code as a
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whole and to make recommendations; (Palmer /Wiscombe)
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•
With regard to the text amendment for physical fitness
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that was tabled at the previous meeting, Commissioner
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Palmer said that she wanted to bring it back from the
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table in order to correct it in terms of procedure;
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Counsel Figueredo said that there were no flaws in
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terms of procedure with regard to how the item was
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handled: the code provides that a withdrawal letter
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needs to be submitted by the applicant; prior to the
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Commission meeting on that date (5- 06 -08), the counsel
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for the applicant, Lauren Harper, sent an email with an
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attached letter addressed to both Sandy Youkilis and
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myself, Counsel Figueredo continued, asking that the
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item be withdrawn. He said that since the item was
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tabled at the last meeting, the withdrawal was not
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accepted; therefore, the Commission can move to bring
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it back on the table.
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•
Commissioner Wiscombe, continuing with the above
20
subject matter, said that he does not see that things
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were done incorrectly; even though they didn't see the
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letter which was received that day, he said that he
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totally relies on staff;
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•
Moved by Commissioner Palmer to bring back the item
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relating to a text amendment (physical fitness) that
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was tabled at the last meeting of the City Commission
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(5- 06 -08). Seconded by Vice Mayor Beasley, the motion
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passed by a 3 -2 vote:
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Commissioner Wiscombe: Nay
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Commissioner Palmer: Yea
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Commissioner Beckman: Yea
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Vice Mayor Beasley: Yea
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Mayor Feliu: Nay
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With
no further comments, the City Manager's Report ended.
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3. City
Attorney's Report
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(None)
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REGULAR CITY COMMISSION 3
MINUTES - May 20, 2008
1 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
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3 4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE EVALUATION
5 AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE
6 SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO
7 THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING
8 COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE;
9 TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION;
10 RECREATION AND OPEN SPACE; INTERGOVERNMENTAL
11 COORDINATION; AND CAPITAL IMPROVEMENTS;; PROVIDING FOR
12 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
13 EFFECTIVE DATE. 4/5
14 (City Manager)
15
16 Moved by Commissioner Wiscombe, seconded by Commissioner
17 Palmer to approve this item.
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19 Mr. Youkilis presented this item. The EAR is mandated by the
20 state to be done every seven years and it is a very long process
21 which includes various meetings of the Planning Board and of the
22 City Commission before it is sent to DCA for review. After
23 reviewing the proposed amendments by the City, DCA returns the
24 document with its own recommendations. Failure to adopt
25 amendments recommended in the EAR -Based Text Amendment Report
26 within a certain period of time will result in sanctions against
27 the local government. It was recommended by both the Planning
28 Board and by staff that the revised document be approved. The
29 revisions consisted of: (1) Proposed revision related to the name
30 of the Capital Improvement Plan (p.52); and, (2) Proposed
31 revision to the Future Land Use Map Category for the Madison
32 Square area, (specifically Alternative III (A) Modified) being
33 re- inserted in the EAR (pp. 16 -17).
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35 Consultants Joe Corradino and Jerry Bell were in attendance
36 for answering any concerns from the Commission. The consultants
37 explained that their recommendations were based on meetings with
38 members of the community in various occasions.
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40 On a specific question posed by Vice Mayor Beasley regarding
41 the allowable height of the proposed Madison Square project, the
42 consultant said that regardless of the outcome of this item
43 tonight, whether passing or not, the allowable height would be
44 four stories.
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46 Mr. Youkilis interjected, explaining that the current land
47 use. category is the same as for downtown, called Mixed -Use
48 Commercial /Residential (4- stories, 24- units /acre); that number of
49 units is not enough to do what is has been promised to the County
REGULAR CITY COMMISSION 4
MINUTES - May 20, 2008
1 in order to keep the CRA going. If affordable housing is an
2 objective of the City, this is the only opportunity for the
3 Commission to do it.
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5 Vice Mayor Beasley expressed concern with the impact of the
6 proposed amendment related to Madison Square on the rest of the
7 condominiums within that zoning district.
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9 Regarding transferable development rights, the consultant
10 explained that this would not be possible as the present code
11 reads. For.this to happen, the code would have to be amended.
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13 After some further discussion, the public hearing was
14 opened.
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16 Reverend Harris addressed the Commission in support of the
17 amendments relating to Madison Square; he spoke about how the
18 area churches have committed their sites in order to mitigate
19 parking for the project.
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21 Levy Kelly also spoke in support of the amendment for
22 Madison Square.
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24 Reverend Gay said that he is tired of wasting his time
25 coming over and over just to repeat the same thing. He spoke in
26 support of the Madison Square project; he said that if this issue
27 is not resolved, that the community will have no choice but to
28 pursue legal action in order to make this project happen.
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30 David Tucker Sr. urged the Commission to go back to the
31 drawing board in order for this project to succeed.
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33 Dick Ward spoke in support of the Madison Square project,
34 urging the Commission to allow the Madison Square project become
35 a reality. He warned that this could result in another issue such
36 as the parking garage where the City lost a lot of money over the
37 ten years that such project took to come to fruition.
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39 Sarah Tompkins urged the Commission to stop the discussion
40 and follow the wish of the community by approving this item
41 tonight.
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43 With no further speakers the public hearing was closed.
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45 Mayor Feliu said that the community has spoken over and over
46 and have expressed their wishes, and that they really want this
47 project to go on.
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49 Moved by Vice Mayor Beasley to amend the EAR document by
50 removing the paragraphs on pages 16 -17 called "Neighborhood
51 Center /Mixed Use District (Four Story). Seconded by Commissioner
REGULAR CITY COMMISSION 5
MINUTES - May 20, 2008
1 Beckman. Before calling the vote, the Mayor opened the
2 discussion.
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4 The consultant reiterated that there is no provision in our
5 City's code relating to the transfer of any development rights.
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7 Commissioner Wiscombe said that he has attended every
8 workshop on this issue and that he has no doubt as to what the
9 people on that part of the community wants. He said that he would
10 not support anything taken out of the document at all.
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12 Commissioner Beckman said that this amendment will have a
13 huge impact on all other districts such as TODD. The consultant
14 again refuted this notion posed by Commissioner Beckman.,
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16 Commissioner Palmer also asked for clarification regarding
17 the .transfer of development rights. Both the consultant and the
18 City Attorney reassured her that our code does not have any
19 provisions to that effect as our laws are written today. A Comp
20 Plan amendment would have to be done and would have to go through
21 the whole tedious procedure.
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23 Commissioner Beckman said that what should have been done
24 for this area to show compatibility is that there should have
25 been certain studies done as those that were made for the Red
26 Road Commons project. Red Road Commons had to adjust one side of
27 the project to three stories because of being adjacent to a
28 single- family neighborhood; there were also traffic studies done
29 for that project to make sure that the project would not create
30 traffic problems in the future; there were studies for potential
31 impact to the school system, as well as for area infrastructure.
32 Commissioner Beckman then said that nothing has been presented to
33 him showing comparability with regard to the 'proposed project of
34 Madison Square; he said that he has been proposing all along that
35 those studies must be done in order to determine what the proper
36 land use designation for Madison Square is. We will know what can
37 be built there that is comparable with the surrounding
38 neighborhoods, the road system, and everything else in that area.
39 He then proposed to pass this amendment removing this land use
40 designation from the document.
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42 Mayor Feliu said that the bulk of Madison Square is owned by
43 the CRA and subject to public hearings depending on the project.
44 Obviously, he continued, there are no studies because there is no
45 designation for anything right now.
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47 The consultant said that this is not the proper time to do
48 the studies proposed by Commissioner Beckman; you are regulating
49 land use at this time, he continued, you don't have a project, a
50 developer, a site plan, number of units; therefore, all those.
51 studies would be an absolute necessary part of the process once
REGULAR CITY COMMISSION 6
MINUTES - May 20, 2008
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an application comes in, whether is by the City or by a developer
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to do a project. At that time, if somebody for instance wants to
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develop four stories and 60 -units per acre, and
if it is beyond
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your roadway capacity, then it would be scaled back. The
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consultant said that he has never seen a case
throughout his
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career where anybody has done what you are asking for at this
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stage in the game, he concluded.
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Commissioner Beckman insisted that land use
designation is
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supposed to have enough study done so that the height and density
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limitations have some real meaning to them.
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With some further discussion, the motion
to approve the
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above amendment by Vice Mayor Beasley failed by a
2 -3 vote:
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Commissioner Wiscombe:
Nay
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Commissioner Palmer:
Nay
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Commissioner Beckman:
Yea
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Vice Mayor Beasley:
Yea
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Mayor Feliu:
Nay
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At this time Commissioner Beckman proceeded
to propose the
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various amendments to the EAR document.
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At this time the Mayor announced a five - minute
break.
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Moved by Commissioner Beckman, seconded
by Vice Mayor
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Beasley, the motion to amend the Multi- Family Residential (Four -
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Story) Future Land Use Category, failed by a 2 -3 vote:
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Commissioner Wiscombe:
Nay
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Commissioner Palmer:
Nay
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Commissioner Beckman:
Yea
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Vice Mayor Beasley:
Yea
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Mayor Feliu:
Nay
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Moved by Commissioner Beckman, seconded
by Vice Mayor
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Beasley, the motion to amend the Commercial Retail
and Office
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(Two - Story) Future Land Use Category, failed by a
2 -3 vote:
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Commissioner Wiscombe:
Nay
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Commissioner Palmer:
Nay
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Commissioner Beckman:
Yea
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Vice Mayor Beasley:
Yea
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Mayor Feliu:
Nay
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Moved by Commissioner Beckman, seconded
by Vice Mayor
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Beasley, the motion to amend the Transit - Oriented Development
REGULAR CITY COMMISSION 7
MINUTES - May 20, 2008
1 District (TODD) (Flexible Height up to S 6 Stories), failed by a
2 2 -3 vote:
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Commissioner Wiscombe:
Nay
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Commissioner Palmer:
Nay
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Commissioner Beckman:
Yea
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Vice Mayor Beasley:
Yea
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Mayor Feliu:
Nay
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Moved by Commissioner Beckman, seconded
by Vice
Mayor
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Beasley, the motion to amend the Public Institutional Uses
(Up to
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4 Stories Depending on Surrounding Zoning)
Future Land Use
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Category failed by a 2 -3 vote:
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Commissioner Wiscombe:
Nay
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Commissioner Palmer:
Nay
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Commissioner Beckman:
Yea
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Vice Mayor Beasley:
Yea
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Mayor Feliu:
Nay
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Moved by Commissioner Beckman, seconded
by Vice
Mayor
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Beasley, the motion to amend the Educational Uses
(as a
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subcategory of the public institutional land use designation),
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failed by a 2 -3 vote:
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Commissioner Wiscombe:
Nay
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Commissioner Palmer:
Nay
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Commissioner Beckman:
Yea
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Vice Mayor-Beasley:
Yea
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Mayor Feliu:
Nay
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Moved by Commissioner Beckman, seconded
by Vice
Mayor
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Beasley, the motion to amend the Future Land Use Element
- Goal
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1, failed by a 2 -3 vote:
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Commissioner Wiscombe:
Nay
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Commissioner Palmer:
Nay
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Commissioner Beckman:
Yea
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Vice Mayor Beasley:
Yea
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Mayor Feliu:
Nay
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Moved by Commissioner Beckman, seconded
by Vice
Mayor
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Beasley, the motion to amend the Future Land Use
Element -
Policy
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1.1.2, failed by a 2 -3 vote:
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Commissioner Wiscombe:
Nay
REGULAR CITY COMMISSION 8
MINUTES - May 20, 2008
1 Commissioner Palmer: Nay
2 Commissioner Beckman: Yea
3 Vice Mayor Beasley: Yea
4 Mayor Feliu: Nay
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6 At this junction, the consultant reiterated that if the EAR
7 document were to be sent back to DCA with the above proposed
8 amendments the document would not be approved, and recommended
9 that the proposed changes be introduced on the next cycle of the
10 EAR amendments which is sometime in October. He reiterated that
11 the City could be sanctioned and that it has probably been unable
12 to process land use amendments since this past November's
13 deadline.
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15 Commissioner Palmer said that the reason she voted against
16 the above amendments is because she has not had the opportunity
17 to review them ahead of time since they were introduced at this
18 meeting. Mayor Feliu and Commissioner Wiscombe concurred.
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20 Moved by. Commissioner Wiscombe, to consider the above
21 proposed amendments and address those issues in October. Seconded
22 by Mayor Feliu, and opened for discussion.
23
24 Vice Mayor Beasley recommended deferring this item for two
25 weeks since he did not feel comfortable with the language which
26 he previously proposed removing.
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28 After some further discussion, the motion to approve the
29 above amendment by Commissioner Wiscombe, passed by a 3 -2 vote:
30
31 Commissioner Wiscombe: Yea
32 Commissioner Palmer: Yea
33 Commissioner Beckman: Nay
34 Vice Mayor Beasley: Nay
35 Mayor Feliu: Yea
36
37 With no further comments, the motion to approve this item
38 failed by a 3 -2 vote:
39
40 Commissioner Wiscombe: Yea
41 Commissioner Palmer: Yea
42 Commissioner Beckman: Nay
43 Vice Mayor Beasley: Nay
44 Mayor Feliu: Yea
45
46 Moved by Mayor Feliu, seconded by Commissioner Palmer, the
47 motion to take the Emergency Ordinance out of order passed by a
48 5 -0 vote:
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MINUTES - May 20, 2008
1
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Commissioner Wiscombe:
Yea
3
Commissioner Palmer:
Yea
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Commissioner Beckman:
Yea
5
Vice Mayor Beasley:
Yea
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Mayor Feliu:
Yea
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8
Moved by Commissioner Beckman, seconded
by Commissioner
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Palmer, the motion to extend the meeting passed 11:00 p.m. in
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order to hear items no. 11, 17 and 16, passed by
a 4 -1 vote:
11
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Commissioner Wiscombe:
Nay
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Commissioner Palmer:
Yea
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Commissioner Beckman:
Yea
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Vice Mayor Beasley:
Yea
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Mayor Feliu:
Yea
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18
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20 EMERGENCY ORDINANCE
21 (ONLY ONE READING REQUIRED)
22 Charter, Art. II, Sec. 6, B (3)
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24 15 -08 -1950
25 5. AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION
26 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
27 LAND DEVELOPMENT CODE AMENDING FOR A PERIOD OF 30 DAYS
28 REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS
29 IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD) AND
30 IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE
31 APPROVAL BY A FOUR /FIFTHS VOTE OF THE CITY COMMISSION
32 AND SUSPENDING CERTAIN OTHER PROVISIONS THAT ALLOW FOR
33 THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY
34 ENABLING THE CITY'S PLANNING BOARD TO MAKE FINAL
35 RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT A
36 PROPOSED ORDINANCE MAKING PERMANENT THE SUSPENDED AND
37 MODIFIED PROVISIONS SET FORTH IN THIS ORDINANCE;
38 PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN
39 CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS
40 TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN
41 CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5
42 (Commissioner Beckman)
43
44 Moved by Mayor Feliu, seconded by Commissioner Beckman to
45 approve this item.
46
REGULAR CITY COMMISSION 10
MINUTES - May 20, 2008
1 With no comments or discussion, the motion to approve this
2 item passed by a 5 -0 vote:
3
4 Commissioner Wiscombe: Yea
5 Commissioner Palmer: Yea
6 Commissioner Beckman: Yea
7 Vice Mayor Beasley: Yea
8 Mayor Feliu: Yea
9
10
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12 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
13
14 16 -08 -1951
15 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
16 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH
17 MIAMI PENSION PLAN, PROVIDING FOR A RESTATEMENT OF THE
18 PLAN TO CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER
19 TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE
20 PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN TO
21 COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING
22 FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
23 FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN
24 EFFECTIVE DATE. 3/5
25 (Mayor Feliu)
26
27 Moved by Mayor Feliu, seconded by Commissioners Wiscombe and
28 Palmer to approve this item.
29
30 Pension attorney Ken Harrison presented this item, also
31 giving credit to the contribution of Pension Chairman Brad
32 Cassel. The purpose of the ordinance is to bring it up to date,
33 including IRS requirements that have not been made in the past.
34 Mr. Harrison said that we are now in a position where this plan
35 can be considered tax qualified, and the City can move forward
36 with applying that procedure to the paychecks of employees on the
37 next pay cycle; this will mean a little increase in employees
38 paychecks, as. well as certain savings to the City. Mr. Cassel
39 said that they were able to go back to 1997 and incorporate all
40 the resolutions that should had been ordinances, into this
41 ordinance.
42
43 Moved by Mayor Feliu to adopt the amendments presented by
44 Mr. Harrison at the meeting, relating to Sec. 16 -14, Pension.
45 benefits and retirement date -Basic Benefit (2) General employees
46 (d), (e) and (f). Seconded by Commissioner Palmer, the motion
47 passed by a 5 -0 vote:
48
REGULAR CITY COMMISSION 1 1
MINUTES - May 20, 2008
1
Commissioner Wiscombe:
Yea
2
Commissioner Palmer:
Yea
3
Commissioner Beckman:
Yea
4
Vice Mayor Beasley:
Yea
5
Mayor Feliu:
Yea
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
as amended 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
Commissioner Wiscombe reminded. everyone
that backup
19
information introduced to the Commission at
the meeting will not
20
be accepted, and he asked for the support of the Commission for
21
this. Commissioner Palmer said that she has
always asked for the
22
same thing in the past.
23
24
17 -08 -1952
25
7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
26
CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SOUTH MIAMI LAND
27
DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED
"PERMITTED
28
USE SCHEDULE" IN ORDER TO ALLOW A TEA ROOM FACILITY AS
29
A PERMITTED USE IN THE "GR" GENERAL RETAIL ZONING USE
30
DISTRICT; PROVIDING FOR SEVERABILITY,
ORDINANCES IN
31
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5
32
(City Manager)
33
34
Moved by Commissioner Palmer, seconded by Commissioner
35
Wiscombe to approve this item.
36
37
Mr. Youkilis presented this item.
38
39
The public hearing was opened and closed
with no speakers.
40
41
With some further comments, the motion
to approve this item
42
passed by a 5 -0 vote:
43
44
Commissioner Wiscombe:
Yea
45
Commissioner Palmer:
Yea
46
Commissioner Beckman:
Yea
47
Vice Mayor Beasley:
Yea
48
Mayor Feliu:
Yea
REGULAR CITY COMMISSIdN 12
MINUTES - May 20, 2008
1
2 At this time Commissioner Palmer was excused by Mayor Feliu
3 to leave the meeting.
4
5 Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the
6 motion to pull out of order item no. 6 from the Consent, passed
7 by a 4 -0 vote:
8
9 Commissioner Wiscombe: Yea
10 Commissioner Palmer: Absent
11 Commissioner Beckman: Yea
12 Vice Mayor Beasley: Yea
13 Mayor Feliu: Yea
14
15
16 RESOLUTION (S)
17
18 80 -08 -12677
19 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
20 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
21 MANAGER TO ENTER INTO AN AGREEMENT WITH 64 DEVELOPMENT
22 CORPORATION, A FLORIDA CORPORATION, FOR DISCHARGING
23 ONSITE DRAINAGE (STORMWATER) INTO OFFSITE DRAINAGE
24 FACILITIES TO BE CONSTRUCTED AND MAINTAINED BY 64
25 DEVELOPMENT CORPORATION IN PERPETUITY; PROVIDING FOR AN
26 EFFECTIVE DATE. 3/5
27 (City Manager)
28
29 Moved by Mayor Feliu, seconded by Commissioner Wiscombe to
30 approve this item.
31
32 Mr. Balogun presented this item.
33
34 With no comments or discussion, the motion to approve this
35 item passed by a 4 -0 vote:
36
37 Commissioner Wiscombe: Yea
38 Commissioner Palmer: Absent
39 Commissioner Beckman: Yea
40 Vice Mayor Beasley: Yea
41 Mayor Feliu: Yea
42
43 Vice Mayor Beasley referred to the EAR process; he said that
44 he would not want for the document to be stopped. Counselor
45 Figueredo said that he will confer with the consultants for
46 advice as to how to proceed.
47
REGULAR CITY COMMISSION 13
MINUTES - May 20, 2008
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8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
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(UNFINISHED BUSINESS)
CONSENT
9. 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
AFL -CIO EXECUTIVE COUNCIL; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
10. 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
(Mayor Feliu)
11. 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
(Mayor Feliu)
12. 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
(Mayor Feliu)
13. 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
REGULAR CITY COMMISSION
MINUTES - May 20, 2008
(Commissioner Palmer)
14
1
2 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
3
4
14.
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. 3/5
15
(Commissioner Wiscombe)
16
17
15.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
18
CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE
19
SOUTH MIAMI CODE OF ORDINANCES BY MODIFYING SECTION 7-
20
15.2 "DEMOLITION REQUIREMENT STANDARDS" TO PROVIDE
21
ADDITIONAL CLARITY AS TO PROCEDURES FOR OBTAINING FENCE
22
PERMIT PRIOR TO DEMOLITION AND CONSTRUCTION; PROVIDING
23
FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN
24
EFFECTIVE DATE. 3/5
25
(Commissioner Wiscombe)
26
27
16.
AN ORDINANCE OF THE, MAYOR AND CITY COMMISSION OF THE
28
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE
29
CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION
30
2 -2.1 (H) - AND (J) ESTABLISHING PROCEDURES FOR PUBLIC
31
COMMENTS IN ORDER FACILITATE AN ORDERLY PROCESS IN
32
MANAGING PUBLIC COMMENTS; PROVIDING FOR SEVERABILITY,
33
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
34
(Commissioner Beckman)
35
36
17.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
37
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
38
AMEND LAND DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED
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"VARIANCE APPROVALS" IN ORDER TO ADD A SUBSECTION (H)
40
PROVIDING CRITERIA FOR REVIEW AND APPROVING VARIANCE
41
APPLICATIONS; AMENDING SECTION 20-6.1(B) (3) (h) IN ORDER
42
TO REMOVE THE EXISTING GUIDELINE; PROVIDING FOR
43
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
44
PROVIDING AN EFFECTIVE DATE. 3/5
45
(Commissioner Beckman)
46
47
REGULAR CITY COMMISSION 15
MINUTES - May 20, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
is
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
ORDINANCE (S) THIRD READING PUBLIC HEARING (S)
(NONE)
RESOLUTION (S) /PUBLIC HEARING (S)
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION 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
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC HEARINGS)
(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
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)
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 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION 16
MINUTES - May 20, 2008
Approved
Horace G. Feliu
Mayor