01-09-07 Minutes 12-05-06w
I City of South Miami
2 Regular City Commission Minutes
3 December 5, 2006
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, December 5, 2006, beginning at
9 7:08 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 Mayor Horace G. Feliu, Vice Mayor Randy G. Wiscombe, and,
14 Commissioners Velma Palmer, Marie Birts and Jay Beckman.
15
16 Also in 'attendance were: City Attorney Luis Figueredo, City
17 Clerk Maria M. Menendez and City Manager Yvonne Soler - McKinley.
18
19 B. Invocation: The invocation was delivered by Mayor Feliu.
20
21 C. Pledge of Allegiance:
22 The Pledge of Allegiance was recited in unison.
23
24 D. Presentations (s)
25
26 Volunteer Income Tax Assistance (VITA) Program
27
28 IRS representative Barbara Terri conducted a presentation
29 regarding the services they provide free of charge to the local
30 communities. They assist residents in the preparation of income
31 tax return electronic filing. They will be open for business at
32 the Community Center on Saturdays, starting January 23rd. They
33 will also be there on Tuesdays and Thursdays from 6:00 p.m. to
34 8:00 p.m. She provided their phone number: 305- 982 -5082.
35
36
37
38 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
39
40
41 1. Approval of Minutes
42
43 (NONE)
44
45
REGULAR CITY COMMISSION 1
MINUTES - December 5, 2006
1 2. City Manager's Report
2
3 • Our new Parks and Recreation Department Director, Cesar
4 Garcia was introduced:
5'
6 • State Representative Carlos LaCasa, who is very
7 involved in the insurance issue and crises that we are
8 facing in the State, has accepted to come before the
9 City Commission to make a full presentation and bring
10 us up to date on issues relaying to insurance, at the
11 City Commission meeting of December 19th
12
13 • A reminder of the Employees' Holiday Party on December
14 15tH.
15
16 • The School Board has "advised that they have instructed
17 the contractor to stop working on the construction at
18" South Miami Elementary on Sundays.
19'
20' • Mr. Ken Harrison is working on the cost of qualifying
21 the Pension Plan and the timetable that will entail;
22 once he finalizes' the report, Ms. McKinley said that
23 she will bring it to the City Commission for their
24 information so that they may evaluate and advise her on
25 how they will want her to proceed.
26
27 At this time Commissioner Beckman requested" information
28 about the financing of the Sunset Drive Improvements project. Mr.
29 Balogun said that we received ,funding from the last legislative
30, process and we noIw'need some funding to match it; we are asking
31 to spread the grant into three years. Commissioner 'Beckman then
32' asked Mr. Balogun to give the Commission a' presentation of the
33 project and of our efforts to get our portion of the money by the
34 next meeting.
35``
36' Counsel Figueredo explained that the League is already
37' making its calculations based on what this Commission has
38` approved to borrow, which is $5.5 million, plus soft costs;
39 however, if this Commission were to decide that they wanted to
40 borrow additional - monies, it would not be treated as an
41`` affirmation. The ordinance would not need to be amended; however,
42 a motion was made for the $5.5 million plus soft costs;:
43 therefore, in order to authorize us to participate at a larger
44'' amount, it would take a reconsideration on the question and a new
45 motion. He said that the League of Cities floats bonds twice a
46 year; the next, cycle is in March. He said that for this cycle is
47 already too late because we are waiting for the final contract by
48 December 22nd
49;
REGULAR CITY COMMISSION 2
MINUTES - December 5, 2006
1 At this time Commissioner Birts asked for the status on the
2 employees' salary increase and whether they are already getting
3 it. Mr. Balogun explained that per the Commission's instruction,
4 staff is in the process of reviewing the increases and the
5 additional duties of certain employees.
6
7 With no further comments, the Manager's Report concluded
8
9 3. City Attorney's Report
10
11 At this time.Mayor Feliu referred to an email he received
12 from Lorie Yanoshik with regard to the City Manager's office
13 organizational chart, and about the MIS Division which at one
14 time was under the Police Department and now is under the City
15 Manager's office. He said that the City Manager also moved the
16 Code Enforcement Division from the Police Department to her
17 office, and all of this was done in order to comply with our
18 code. Counsel Figueredo confirmed this to be correct.
19
20 The Mayor then referred to another issue raised by Ms.
21 Yanoshik with regard to Channel 77 and the broadcasting of the
22 City's meetings.
23
24 Commissioner Beckman said that what we really need is to
25 make an evaluation as to how many meetings and how often we want
26 them to be played on Channel 77, and how much is going to cost,
27 so that they may decide what would be reasonable and economically
28 feasible to put on.
29
30 Commissioner Palmer said that based on the emails she has
31 received on this issue it appears that the meetings are very rare
32 on Channel 77. She said that if so many people are complaining
33 about this, we should look into it.
34
35 Vice Mayor Wiscombe said that his recollection is that the
36 meetings are played twice a day and that it is done
37 automatically. Ms. McKinley said that the only problem would be
38 when the cable is down, but as far as the schedule, that has not
39 been changed.
40
41 Mayor Felliu then referred to the noise. generated by the air.
42 conditioning unit at the Sunset Professional Building. He said
43 that the owner has agreed to pay for the improvements to the roof
44 area where they will enclose the air conditioning and that the
45 project should be done by mid January, according to the Building
46 Manager.
47
48 Vice Mayor Wiscombe said that he has personally been
49 pursuing this at the request of several of the residents. He said
50 that he has spoken with Mr. Eisenberg and that he has guaranteed
51 him that the agreement has been signed and that he has sent a
REGULAR CITY COMMISSION 3
MINUTES - December 5, 2006
1 check for $50,000 to begin the project which will be 'submitted to
2 the Planning Board for whatever improvements they need to make.
3
4 With no further comments, the Attorney's Reports. concluded.
5
6
7
8' UNFINISHED BUSINESS'
9
10 RESOLUTION`(S) /PUBLIC HEARING (S)
11`
12 220 -06- 12361
13- 4. A RESOLUTION OF THE MAYOR: AND CITY COMMISSION OF THE
14- CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
"' "2 ":ON PROPERTY
F LOTS 1 AND
15 ALLOW: FOR THE CREATION O S " O
16' SPECIFICALLY LOCATED AT 6240 SW 65TH' AVENUE, SOUTH
17 MIAMI, FLORIDA WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL
18 ZONING DISTRICT "; AS PERMITTED BY PROVISIONS PERTAINING
19` TO WAIVER OF PLAT AS SET FORTH IN 'SECTION 20- 4.2(B) OF
20 THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4
21 OF THE MIAMI DADE COUNTY` CODE; THE PURPOSE OF THE
22 WAIVER OF PLAT IS TO ALLOW FOR THE. CONSTRUCTION OF A
23' SINGLE FAMILY 'HOME ON LOT "1" AND THE CONSTRUCTION OF
24 A'SINGLE FAMILY HOME ON LOT 112 "; PROVIDING FOR A LEGAL
25' DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
26 (City Manager)
27
28 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
29 approve this item.
30
31 Mr. Youkilis presented this item.
32
33" Mayor Feliu said that he lives around the corner from this
34 property and that, as presented, most of the properties,
35 including his, are smaller than the proposed division and it is a
36 very secluded area, so he said that he does` not ' see how-the two
37 homes would be a problem there.
38
39` Commissioner Beckman said that this is really a larger
40 decision than just this one property because they :should deal
41 with this property consistent with the way they handle this in
42 general when it comes to situations with dead end streets. He
43` then discussed the issue of accessibility for the utilities.: He
44 said that the way that houses are planned and built will impact
45- future; projects for installation of sewer and power lines. He
46 also mentioned' the importance of good drainage. The discussion
47 then centered on the issue of drainage.
REGULAR CITY COMMISSION 4
MINUTES - December 5, 2006
1 Counsel Figueredo clarified that by approving this, the
2 Commission is essentially saying that they are approving a street
3 design that meets acceptable standards and that the developer has
4 to comply.
5
6 The public hearing was opened at this time.
7
8 Robert Ruiz, part of the developers, said that they have
9 designs for drainage done by engineers, and that they have also
10 taken care of the necessary utility easements, which is standard
11 practice.
12
13 Cathy McCann questioned as to whether the point that goes
14 out into the Avenue was ever vacated. She then suggested creating
15 a cul -de -sac, and that dead end streets tend to look unattended.
16
17 David Tucker Sr. referred to Planning Board Member, Mr.
18 Comendairo's recommendation.
19
20 Harvey Bernstein said that the most important thing is to be
21 sensitive to the character of the neighborhood.
22
23 Brad Nojaim, who lives south of this property, said that he
24 will probably be the most affected by this project, and that this
25 is going to affect his setbacks. He said that he is not against
26 the project as long as they abide by the rules.
27
28 With no more speakers the public hearing was closed.
29
30 Counsel Figueredo, for clarification purposes and to respond
31 to Commissioner Beckman's question, said that one of the issues
32 is that we do not have any specific mechanism in our Code for
33 measuring frontage; therefore, the Planning Director made a
34 determination that this meets the frontage requirements; the
35 definitions really do not provide much guidance; therefore, to
36 fix this perhaps the solution would be to introduce an ordinance
37 at a later date establishing a form of measurement.
38
39 Moved by Commissioner Beckman, to include the following
40 three conditions: (1) Applicant is responsible for the
41 reconstruction of widening SW 65 Avenue at this location; (2)
42 Applicant will not be able to record subdivision plat until non -
43 conforming buildings are removed; (3) Applicant .must submit a
44 corrected survey.
45
46 At this junction Acting Planning Director, Sandy Youkilis,
47 explained that in the backup of this item are the minutes of
48 September 14, 2006; the actual final action that is before the
49 Commission tonight is from the Planning Board meeting of November
50 14th, which were not ready at the time the agenda was prepared;
REGULAR CITY COMMISSION 5
MINUTES - December 5, 2006
1 he said that the applicant did submit a' corrected survey, and the
2 applicant will be removing all the non- conforming buildings.
3
4 As the result of the above clarification by Mr. Youkilis,
5 Commissioner Beckman amended his motion as follows:
6
7 Moved by Commissioner Beckman, to include the following
8 three conditions: (1) Applicant is responsible for the dedication
9 to widen SW 65 Avenue at this location; (2) Applicant will not be
10 able to record ° subdivision;' plat until non- conforming buildings
11 are removed; (3) That the resolution will include the site 'plan
12 (Exhibit B, dated 10/23/06) as presented to the Commission.
13 Seconded by Vice Mayor Wiscombe, the motion passed by a 5 -0 vote:
14
15 Commissioner Palmer:' Yea
16' Commissioner Birts: Yea
17 Commissioner�Beckman: Yea
18` Vice Mayor Wiscombe: Yea
19 Mayor Feliu Yea
20
21' With no further comments or discussion, the motion' to
22 approve this item .as amended passed by a 5 -0 vote:
23
24 Commissioner Palmer:` Yea>.
25 Commissioner Birts: Yea
26 Commissioner Beckman: Yea
27 Vice Mayor Wiscombe: Yea'
28 Mayor Feliu: Yea
29`
30
31 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
32
33 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION' OF THE
34' CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
35 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI
36 LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE: FAMILY
37 RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS
38 AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC`
39 PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING?
40' ZONING USE DISTRICT FOR THIS 'PROPERTY`; PROVIDING FOR
41 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
42 PROVIDING AN EFFECTIVE DATE'. -34/5
43 , (Deferred 10117106)
44 (City Manager)
45
46 Moved by Mayor Feliu,' seconded by Commissioner Birts to
47- approve this item.
REGULAR CITY COMMISSION 6
MINUTES - "December 5,`2006
1 This item was presented by Mr. Youkilis, explaining that the
2 owner has submitted a written statement asking the Commission to
3 deny the request for historic designation of this property. This
4 action prompted the vote to be changed from a three -fifth to a
5 four -fifth as prescribed in the Land Development Code.
6
7 The public hearing was opened at this time.
8
9 Harvey Bernstein said that this is a beautiful building and
10 that it may have some historic value and that it is a shame to
11 lose these homes.
12
13 Vice Mayor Wiscombe said that he concurs with Mr. Bernstein.
14 He said that he understands the position of the present owner
15 with regard to the sale of the property; however, this does not
16 guarantee us in preserving our history.
17
18 Commissioner Birts said that she is really passionate about
19 preserving our history.. However, this owner had this property for
20 sale for some time and that she will have to honor her tonight.
21
22 Commissioner Palmer said that she does not see the historic
23 value on this property; it does not even have a foundation. This
24 property has been for sale long before the City's proposal for
25 designation; she said that she voted against the first time and
26 that she will vote against this time as well.
27
28 Commissioner Beckman also said that the house has no
29 permanent foundation; this is just an old building that has been
30 moved around. He said that this conflicts with the City's efforts
31 to improve housing in the area. This is not a valid candidate for
32 historic designation at all, he added.
33
34 Vice Mayor Wiscombe said that if that would be the case, a
35 lot of history would be gone by now. He urged his colleagues to
36 consider the possibility of losing this opportunity to preserve
37 our history because it could be easily replaced by a huge, modern
38 house in its place. He then reminded everyone that if the
39 property is not designated, the new owner will have all the
40 rights to tear it down.
41
42 Mayor Feliu said that there is an opportunity for someone
43 who has a lot of historical perspective to make an arrangement
44 with the new owner, or the present owners, who may want to adopt
45 this home and refurbish it and put it up to date at another
46 location.
47
48 With no further comments or discussion, the motion to
49 approve this item failed by a 1 -4 vote:
50
REGULAR CITY COMMISSION 7
MINUTES - December 5, 2006
>y
1` Commissioner Palmer: Nay
2 Commissioner Birts: Nay
3 Commissioner Beckman: Nay
4 Vice Mayor Wiscombe: Yea'''
5 1 Mayor Feliu: Nay
6
7 Moved by Commissioner Palmer, seconded by Vice Mayor
8 Wiscombe, the motion to bring the public remarks section forward,
9 passed; by a 4 -1 vote:
10
11 Commissioner Palmer: Yea
12 Commissioner'Birts: Yea
13 Commissioner Beckman: Nay;
14 Vice Mayor Wiscombe: Yea
15 Mayor Feliu': Yea
16
17
18 PUBLIC REMARKS
19
20 David Tucker Sr. again presented another passage of our
21 nation's history.
22
23 Bob Welsh referred to an anonymous letter that was recently_
24`' sent to many residents of South Miami warning about possible drop'
25 in property value if certain rules, were to be approved with
26 regard to the macmansions.
27
28 Walter Harris referred, to 'Channel 77 and said that all the
29, meetings of the City should be televised. He also referred to
30 item no. 18 on the agenda about "ID measures."
31
32 Fred Truby said that this is a charming city with small
33 houses or cottages` and that macmansions are not charming, and
34' urged everyone to think of some sensible rules to control them.
35'
36 Eda Harris also referred to the anonymous letter and
37 wondered as to how anyone could have gotten <a list of addresses
38' for the residents. -It was clarified by the Commission that this
39 information is now available at the Department of Elections for
40' anyone' requesting it.
41
42 Yvonne Beckman spoke regarding item no. 18 on the agenda.
43 She said that we already have I < security cameras throughout City
44 Hall and a`Police Department next door.
45'
46 Danny Montana also spoke against the macmansions.
47
48 Shirley Huebner said that she recently attended a Planning
49 Board meeting where she became very frustrated; she said that the
REGULAR CITY COMMISSION 8
MINUTES -= '`December 5, 2006
1 only two members that were listening -to the residents were the
2 two recently appointed. She urged the Commission to take a look
3 at this board closely because she says that they are not doing
4 their job. With regard to the Hometown Plan she said that it
5 works but that it needs to be followed or it needs to be changed.
6
7 Cathy McCann urged the Commission to pull item no. 18 off
8 the agenda. She said that this should be considered a small town
9 and that there is no need for the recommended security measures;
10 she then asked that the bulbs in the parking lot be replaced.
11
12 Dick Ward also referred to item no. 18 on the agenda,
13 indicating that he strongly disagrees with those measures.
14
15 Harvey Bernstein also spoke against item no. 18, saying that
16 it has no practical use and that it would not stop anyone from
17 doing anything against the building.
18
19 Janet Launcelott also referred to the Planning Board,
20 concurring with a previous speaker about the lack of interest on
21 the majority of the members. She said that only the two recently
22 appointed members appeared to have made their homework.
23
24 With no further speakers the public remarks session was
25 closed.
26
27
28 26 -06 -1894
29 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
31 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
32 MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE
33 FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd
34 COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN
35 HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE
36 EXISTING ZONING USE DISTRICT FOR THIS PROPERTY;
37 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
38 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
39 (Deferred 10117106)
40 (City Manager)
41
42 Moved by Commissioner Palmer, seconded by Vice Mayor
43 Wiscombe to approve this item.
44
45 Mr. Youkilis presented this item.
46
47 At this time the public hearing was opened.
48
49 Bob Welsh spoke about historic designation suggesting that
50 the City should try to preserve the sites where an old building
REGULAR CITY COMMISSION 9
MINUTES - December 5, 2006
1 has been demolished. It was clarified that this is not possible
2 unless the property has been officially designated as a historic
3 site.
4;
5'' With no further speakers, the public hearing was closed.
6
7 With no further comments or discussion, the motion to
8 approve this item passed by "a 5 -0 vote:
9
10 Commissioner Palmer: Yea
11 Commissioner Birts: Yea'
12 Commissioner Beckman: Yea
13: Vice Mayor Wiscombe: Yea`
14 Mayor Feliu Yea
15'
16
17 27 -06 -1895
18 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2 -26.10
20, RELATING TO THE PARKING COMMITTEE PROVIDING FOR THE
21', CONVERSION OF THE PARKING COMMITTEE INTO A PARKING
22 BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS,
23 DUTIES, AND TERM; PROVIDING FOR SEVERABILITY; PROVIDING
24 FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
25 DATE. 3/5
26 (Mayor Felu)
27
28 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
29 approve this item.
30
31 Mayor Feliu said that he sponsored this ordinance in order
32 to give the committee more credibility as an ongoing board, and
33` urged the Commission to support him.
34
35 The public hearing was opened at this time.
36
37, Shirley Huebner thanked the Mayor for considering this; she
38 said that ,parking is a vital part of our infrastructure and asked
39` for the full support from the Commission for this. ordinance. She
40` then urged to have the board members appointed as soon` as
41 possible. Counsel Figueredo` advised that unless the members are
42 appointed by resolution, this ordinance would need a third
43 reading if 'materially amended by adding the names.of the members. <
44
45 Cathy McCann asked for clarification as to the specific
46 changes as ` the result of the conversion` from a committee into a
47 board. Mayor Feliu said that the board will be an advisory board
48 to the Commission and that it will be more official than a
49 committee.
50
REGULAR CITY COMMISSION 10
MINUTES -- December 5, 2006
1 With no further comments or discussion, the motion to
2 approve this item passed by a 5 -0 vote:
3
4 Commissioner Palmer: Yea
5 Commissioner Birts: Yea
6 Commissioner Beckman: Yea
7 Vice Mayor Wiscombe: Yea
8 Mayor Feliu: Yea
9
10
11
12 28 -06 -1896
13 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
14 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
15 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI
16 LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED
17 BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET
18 DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN
19 HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE
20 EXISTING ZONING USE DISTRICT FOR 'THIS PROPERTY;
21 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
22 CONFLICT AND PROVIDING AN EFFECTIVE DATE. 3/5
23 (City Manager)
24
25 Moved by Commissioner Palmer, seconded by Commissioner Birts
26 to approve this item.
27
28 Mr. Youkilis presented this item.
29
30 The public hearing was opened and closed with no speakers.
31
32 Mayor Feliu said that he considers this a landmark in the
33 downtown area of South Miami and that this is a great
34 recommendation from the Historic Preservation Board to have this
35 designated as a historic site.
36
37 With no further comments or discussion, the motion to
38 approve this item passed by a 5 -0 vote:
39
40 Commissioner Palmer: Yea
41 Commissioner Birts: Yea
42 Commissioner Beckman: Yea
43 Vice Mayor Wiscombe: Yea
44 Mayor Feliu: Yea
45
46
47 29 -06 -1897
48 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
49 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
REGULAR CITY COMMISSION 1 1
MINUTES - December 5, 2006
1 COMMITTEES;. AMENDING SEC.2 -26.8 OF THE CODE OF
2 ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;"
3 AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY;'
4` PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
5 EFFECTIVE DATE 3/5
6 (City Manager)
7
8 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
9 approve this item.
10
11 Mayor Feliu said that the purpose of this ordinance is
12 basically extending the membership of this committee until the
13 end of January 2007 so that they may be able to complete their
14' report to the Commission.
15'
16' The public hearing was ,opened and closed with no speakers.
17
18 With no further comments or discussion,, the motion to
19; approve this item passed by 'a 5 -0 vote:
20
21. Commissioner Palmer: Yea
22'` Commissioner Birts: Yea
23 Commissioner Beckman: Yea
24 Vice Mayor Wiscombe: Yea
25 Mayor Feliu: Yea
26
27
28 30 -06 -1898
29> 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL:
31 AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT.
32' CODE, BY AMENDING' SECTION 20- 3.6(:T) ENTITLED "GENERAL
33` REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN
34 RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A
35` TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE Ar
36 GENERATOR MUST BE FROM ANY WINDOW, DOOR OR - OPENING INTO'
37 A DWELLING; PROVIDING FOR SEVERABILITY; ORDINANCES IN`
38 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
39 (City Manager)
40
41 Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts
42 to approve this item.
43
44 Mr. Youkilis presented this item.
45`
46 The public hearing was opened and closed with no speakers.
47
REGULAR CITY COMMISSION 12
MINUTES December 5, 2006
1 Commissioner Beckman suggested for the language to read "as
2 set forth in the Florida Building Code, and as of now is 10 ft."
3 Counsel Figueredo said that this could confuse the reader.
4
5 With no speakers the public hearing was opened and closed.
6
7 With no further comments or discussion, the motion to
8 approve this item passed by a 5 -0 vote:
9
10 Commissioner Palmer: Yea
11 Commissioner Birts: Yea
12 Commissioner Beckman: Yea
13 Vice Mayor Wiscombe: Yea
14 Mayor Feliu: Yea
15
16
17
18 RESOLUTION (S)
19
20 221 -06 -12362
21 11. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
22 CITY OF SOUTH MIAMI, FLORIDA, REQUESTING THAT THE CITY
23 OF CORAL GABLES CITY MANAGER, PLANNING DIRECTOR AND
24 BUILDING AND ZONING DIRECTOR NOTIFY THE CITY OF SOUTH
25 MIAMI OF ANY FUTURE REQUESTS FOR LAND USE MAP
26 AMENDMENTS, ZONING CHANGES, OR VARIANCES WHICH WOULD
27 INCREASE THE PERMITTED HEIGHT OF BUILDINGS ADJACENT TO
28 THE CITY OF SOUTH MIAMI JURISDICTIONAL BOUNDARIES: AND
29 THAT THE HEIGHT OF ALL NEW DEVELOPMENT BE CONSISTENT
30 WITH THE PERMITTED HEIGHT WITHIN THE ADJOINING AREAS OF
31 THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE
32 DATE. 3/5
33 (Vice Mayor Wiscombe)
34
35 Moved by Mayor Feliu, seconded by Commissioner Palmer to
36 approve this item.
37
38 Vice Mayor Wiscombe said that he believes that there should
39 be more communication between the two governments, particularly
40 in addressing boundary issues. He said that if we continue to get
41 eight story buildings, this will directly affect our area and
42 impact the traffic in our downtown.
43
44 Ms. McKinley cautioned that the City of Coral Gables is
45 independent and able to do what they want within their own
46 territory; however, this is a good thing in order to keep the
47 lines of communication open between the two cities.
48
REGULAR CITY COMMISSION 13
MINUTES - December 5, 2006
1
Commissioner Beckman said that he does not think that it
is
2
too late for this. He said that what has gone wrong" is
the
3
decision by Miami -Dade County to declare everything' east of
the
4
Palmetto Expressway an area that no longer requires any traffic
5
concurrency. This means that people can build without being;
6
required to do any traffic study.
7
8
With no further comments or discussion,' the motion'
to
9`
approve this item passed by a 5 -0 vote:
10
11
Commissioner Palmer: Yea
12'
Commissioner Birts : Yea`
13
Commissioner Beckman: Yea
14'
Vice Mayor Wiscombe: Yea
15
Mayor Feliu:. Yea
16
17
18
222 -06 -12363
19
A RESOLUTION OF THE 'MAYOR & CITY COMMISSION OF THE
12, S
20
CITY OF SOUTH MIAMI, 'FLORIDA, RELATING TO BOARDS AND
21'
COMMITTEES; RE- APPOINTING CATHY MCCANN, . LORIE
22
YANOSHIK, TONI H. ALAM AND BRIAN D. BEASLEY TO SERVE
23
ON THE BUDGET' AND FINANCE COMMITTEE FOR A TERM" ENDING
24
JANUARY 31, 2007; AND PROVIDING AN 'EFFECTIVE DATE. 3/5
25
(Mayor Feliu)
26
27
Moved by Commissioner Palmer, seconded by Mayor Feliu
to
28
approve this item.
29
30'
Mayor Feliu said that this is just making official
the
31'.
'extension of the members of this committee, concurring with
the
32
ordinance just passed earlier tonight.
33'
34
With no further comments or discussion,' the motion
to
35
approve this item passed by a 5 -0 vote:
36'
37'
Commissioner Palmer: Yea
38
Commissioner Birts: Yea"
39'
Commissioner Beckman: Yea
40
Vice Mayor Wiscombe: Yea
41
Mayor Feliu: Yea'
42
43
44
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
45
(NONE)
46,
47
At this time the Mayor announced a 5- minute 'break.
REGULAR CITY COMMISSION 14
MINUTES December 5,'.2006
1 ORDINANCE (S) FIRST READING
2
3
4 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
6 CHAPTER 20- 4.4(I)(1) OF THE LAND DEVELOPMENT CODE
7 RELATING TO VALET PARKING TO CORRECT SCRIVENER'S ERROR
8 TO CORRECTLY CROSS - REFERENCE TO RE- NUMBERED SUBSECTION
9 20- 4.4(M) RATHER THAN 20- 4.4(L) AND CORRECTING THE TITLE
10 TO SUBSECTION 20- 4.4(M) ; PROVIDING FOR SEVERABILITY;
11 ORDINANCES IN CONFLICT; AND AN EFFECTIVE. 3/5
12 (City Manager)
13
14 Moved by Commissioner Palmer, seconded by Vice Mayor
15 Wiscombe to approve this item.
16
17 Counsel Figueredo explained that as the Land Development
18 Code has been amended over time, some of the sections do not
19 correlate. Therefore, the purpose of this ordinance is just to
20 correct technical errors.
21
22 With no further comments or discussion, the motion to
23 approve this item passed by a 5 -0 vote:
24
25 Commissioner Palmer: Yea
26 Commissioner Birts: Yea
27 Commissioner Beckman: Yea
28 Vice Mayor Wiscombe: Yea
29 Mayor Feliu: Yea
30
31 (END OF UNFINISHED BUSINESS)
32
33 At this time items no. 14 and 15 were pulled from the
34 Consent Agenda (now nos. 16 and 17).
35
36 CONSENT
37
38
39 223 -06- 12364
40 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
42 MANAGER TO ISSUE AN OPEN P.O. FOR $30,000 TO J.E.M.
43 INSPECTION & ENGINEERING SERVICES, INC. FROM ACCOUNT
44 NO.1610 -524 -3450 FOR BUILDING AND ROOFING INSPECTIONS,
45 AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
46 (City Manager)
REGULAR CITY COMMISSION 15
MINUTES - December 5, 2006
1,
2 224 -06 -12365
3 15. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
5 DISBURSE $6,950.00 TO ADAPTIVE DIGITAL SYSTEMS, INC.
6 FROM THE POLICE DEPARTMENT'S OPERATING EQUIPMENT
7 ACCOUNT #01- 1910- 521 - 6430;` FOR PURCHASING A HAWK 8/8A
8 DIGITAL VIDEO /AUDIO" RECORDER; PROVIDING FOR AN
9 EFFECTIVE DATE. 3/5
10 (City Manager)
11`,
12 Moved by Vice Mayor Wiscombe, seconded by Commissioner
13_ Birts,-the motion to approve the Consent Agenda passed by a'5 -0
14 ` vote:
15
16 Commissioner Palmer: Yea'
17 Commissioner Birts: Yea
18 Commissioner Beckman: Yea
19 Vice Mayor Wiscombe: Yea
20 Mayor Feliu: Yea
21
22 RESOLUTION` (S)
23 (CONT'D)
24
25 225 -06- 12366
26 16. A RESOLUTION OF THE MAYOR` AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
28 COMMISSION MEETINGS; RESCHEDULING, REGULAR CITY
29'° COMMISSION' MEETINGS IN JANUARY 2007; PROVIDING AN
30 EFFECTIVE DATE. 3/5
31 (Mayor Feliu)
32`
33 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
34 approve this item.
35`
36 Commissioner Beckman pulled this item to make a correction.
37 ;
38 Moved by Commissioner Beckman: on line 21 of the resolution,
39 to change the date from' January; 16 to January 23`, 2007. Seconded
40 by Mayor Feliu, and with no further comments or discussion, the
41 motion to approve this item as amended passed by a 5 -0 vote:
42
43' Commissioner Palmer: Yea
44 Commissioner Birts: Yea
45< Commissioner Beckman: Yea
46 Vice Mayor Wiscombe: Yea
47 Mayor Feliu: Yea
REGULAR CITY COMMISSION 16
MINUTES December 5, 2006
1 226 -06 -12367
2 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, RENAMING THE SOUTH MIAMI COMMUNITY
4 CENTER AS GIBSON- BETHEL SOUTH MIAMI COMMUNITY CENTER;
5 PROVIDING AN EFFECTIVE DATE. 3/5
6 (Mayor Feliu)
7
8 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe and
9 Commissioner Birts to approve this item.
10
11 Commissioners Palmer and Birts pulled this item.
12 Commissioner Palmer said that both individuals contributed to the
13 City in a beautiful way; however, earlier this year we had
14 dedicated a Pavilion for Mr. Bethel. On the other hand, Mr.
15 Gibson also did a lot for the community; therefore, she said that
16 she feels that since Mr. Bethel already has the Pavilion
17 dedicated in his honor, now the Community Center should be
18 dedicated to Mr. Gibson. And, another suggestion would be
19 shifting the names to read Bethel - Gibson.
20
21 Commissioner Birts said that she pulled this item because
22 she thought that the name should be: Gibson - Bethel Community
23 Center (GBCC).
24
25 Moved by Commissioner Birts, seconded by Vice Mayor
26 Wiscombe, the motion to amend the resolution by renaming the
27 South Miami Community Center as Gibson - Bethel Community Center
28 passed by a 4 -1 vote:
29
30 Commissioner Palmer: Yea
31 Commissioner Birts: Yea
32 Commissioner Beckman: Nay
33 Vice Mayor Wiscombe: Yea
34 Mayor Feliu: Yea
35
36 Commissioner Beckman said that he would not support this
37 regardless of the names. He said that he would support some type
38 of monument or a plaque, however.
39
40 Mayor Feliu said that he saw Commissioner Bethel for many
41 years as they worked together as commissioners, and he saw how he
42 fought hard to bring those dollars from the State in order to
43 build this Community Center which was one of his major goals, to
44 have a place like this for the kids in the community.
45 Commissioner Bethel not only served in South Miami, but he served
46 our Country well as he served on the Korean War.
47
48 With no further comments or discussion, the motion to
49 approve this item as amended passed by a 4 -1 vote:
REGULAR CITY COMMISSION 17
MINUTES - December 5, 2006
l
2
Commissioner Palmer: Yea
3
Commissioner Birts: Yea'
4
Commissioner Beckman: Nay
5-
Vice Mayor Wiscombe:` Yea
6
Mayor Feliu: Yea
7
8
9
RESOLUTION (S)/PUBLIC HEARING (_ S
10
(NONE)
11
12
RESOLUTION (S)
13
14'
15
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THEe
16=
CITY OF SOUTH MIAMI, FLORIDA, APPROVING SECURITY
17
MEASURES FOR BUILDINGS ON CITY HALL PROPERTY; REQUIRING
18
FOR "IDENTIFICATION MEASURES "` FOR VISITORS TO CITY
19'
HALL; PROVIDING FOR AN EFFECTIVE DATE. 3/5
20
(Vice Mayor Wiscombe)
21
22
Moved by Vice`: Mayor Wiscombe, seconded by Mayor Feliu to
23
approve this item.
24
25
Vice Mayor Wi'scombe said that originally this was done by
26`
the direction of the City Commission during former City Manager
27
Charles Scurr's tenure. This was never formalized in resolution-
28
form that would require every City Manager to do it.
29
30
Mayor Feliu said that he seconded this item to allow the
31
Vice Mayor an opportunity to express his intent; however, he said
32'
that he would not support it because we have enough regulations
33
in our day -to -day life; this is a small city, and that in. his
34
opinion this would create more complications than we really need.
35
We have camerasiin the halls, this is a small town and we are not
36:
going to be a target.
37
38;
Commissioner Birts said that this has been blown out of
39
proportion; this is just strictly asking for th.e name and where
40
people are going. She said that this is just a safety measure
41
that is needed.
42`
43
Commissioner Palmer said that it appears that a' lot of work:
44
has been put into this; however, it is not necessary, and it is
45
imposing on people. She then asked for information on the cost of
46
the implementation of the recommendations by the Police
47`
Department: Ms McKinley explained that she needs direction from
REGULAR CITY COMMISSION 18
MINUTES - December 5, 2006
1 the Commission before she can provide information on the costs.
2 Commissioner Palmer said that she did not see the need for the
3 proposed security which seems excessive.
4
5 Vice Mayor Wiscombe said that when the Police Department did
6 its evaluation they found some problems with regard to security
7 and issues with the building. This is not to harass anyone; this
8 is simply for visitors to sign his /her name in. My intention was
9 not to harass anybody, he said.
10
11 Commissioner Beckman said that many items in the Police
12 report deal with repairs and should be the responsibility of
13 maintenance. City Hall is a place to conduct business, and the
14 security measures for City Hall should be that of a business just
15 as any other business. He said that we do need some procedure in
16 place for after hour meetings to make sure that doors are
17 properly locked. However, people do not need to come in and sign
18 to conduct business.
19
20 With no further comments or discussion, the motion to
21 approve this item failed by a 2 -3 vote:
22
23 Commissioner Palmer: Nay
24 Commissioner Birts: Yea
25 Commissioner Beckman: Nay
26 Vice Mayor Wiscombe: Yea
27 Mayor Feliu: Nay
28
29
30 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
31 (NONE)
32
33
34 ORDINANCE (S) FIRST READING
35 (CONT'D)
36
37 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
38 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE;
39 AMENDING SECTION 1OA -45 OF THE CITY'S CODE IN ORDER TO
40 REQUIRE PROPERTIES TO RETAIN STORMNATER DRAINAGE ON SITE
41 SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN
42 CONTRIBUTING TO OR CAUSING RECURRENT OR EXCESSIVE
43 PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF -WAY
44 AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE
45 PROPER REVIEW AND DRAINAGE; PROVIDING FOR SEVERABILITY,
46 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
47 (Mayor Feliu)
REGULAR CITY COMMISSION 19
MINUTES - December 5, 2006
1 Moved by Vice Mayor Wiscombe, seconded by Commissioner
2 Birts.
3
4 Mayor Feliu said that 'basically some of the complaints
5 he'has -heard have a lot to do with the increased size of the
6 homes and the 'runoff from these properties that end up in
7 people's yards and in front of the homes. Therefore, he said
8 that he felt that it is important to address this issue with
9 respect to the drainage so that the developer or whoever is
10: building a home or addition has to mitigate some of this
11 runoff. There should be some accountability on the part of
12 the developer or the homeowner to make sure that their
13 neighbors do not have to suffer because they added more
14 coverage to their properties.
15
16 Commissioner Beckman said that he went over this item in
17 detail and that he has a million questions; he said that he
18 agrees with the intent of the ordinance, and that all of his
19' problems were technical in nature. He then said that he
20" wished to motion for deferral of this item and meet with the
21 Planning Department or the attorney because the intent is
22 absolutely correct. j
23
24 Moved by Commissioner Beckman, seconded by Vice Mayor
25 Wiscombe, the motion to defer this item passed by a 5 -0 vote:'
26
27 Commissioner Palmer: Yea
28 Commissioner Birts: Yea
29 Commissioner Beckman: Yea
30 Vice Mayor Wiscombe: Yea'
31 Mayor Feliu: Yea
i 32'
33 COMMISSION REMARKS
34
35 The Commission was afforded time to make remarks.
36'
37 There being no further business to come before this Body,
38; the meeting adjourned at 10 :50 p.m.
39
40 Attest Approved
41
42
43
44° Maria M. Menendez Horace G Feliu
45 City Clerk Mayor
REGULAR CITY COMMISSION 2 0
MINUTES December 5,;2006