01-23-07 - Minutes 01-09-071 City of South Miami
Val
2 Regular City Commission Minutes
3 January 9, 2007
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, January 9, 2007, beginning at 7:30
9 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call
12 The following members of the City Commission were present:
13 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 Attorneys Luis Figueredo and
17 Eve Boutsis, City Clerk Maria M. Menendez and City Manager Yvonne
18 Soler- McKinley.
19
20 B. Invocation: The invocation was delivered by Mayor Feliu.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentations (s)
26 (NONE)
27
28
29 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
30
31
32 1. Approval of Minutes
33
34 Minutes of December 5, 2006
35
36
37 Moved by Vice Mayor Wiscombe, seconded by Commissioner
38 Birts, the motion to approve the minutes of December 5, 2006
39 passed by a 5 -0 vote:
40
41 Commissioner Palmer: Yea
42 Commissioner Birts: Yea
43 Commissioner Beckman: Yea
44 Vice Mayor Wiscombe: Yea
45 Mayor Feliu: Yea
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MINUTES - January 9, 2007
1
2 Minutes of December 19, 2006
3
4 Moved by Commissioner Birts, seconded by Commissioner
5 Palmer, the motion to approve the minutes of December 19,
6 2006 passed by a 5 -0 vote:
7
8 Commissioner Palmer: Yea
9 Commissioner Birts: Yea
10 Commissioner Beckman: Yea
11 Vice Mayor Wiscombe: Yea
12 Mayor Feliu: Yea
13
14
15 2. City Manager's Report
16
17 • Employee Manual Workshop was scheduled for Wednesday,
18 January 31, 2007 at 6:00 p.m'.
19 • The City's new website will start running this Saturday,
20 January 13th.
21
22 At this time the City Commission discussed the need to have
23 a CRA director in place. Counsel Figueredo said that he would
24 research to see as to how the position was created; if it was
25 created by resolution we would be introducing.a resolution. Mayor
26 Feliu said that he would be happy, to sponsor that resolution.
27
28 Commissioner Beckman said that he needs to see what the
29 procedure is for hiring. He also said that if we hire a director,
30 he would like to include a provision for a maximum five -year
31 term, with a subsequent review of accomplishments made during
32 that period of time. He added that they need to have a checklist
33 of things that the CRA is supposed to do.
34
35 Commissioner Palmer said that evaluations are very
36 important.
37
38 Commissioner Palmer then said that she would like to refer
39 to something that happened recently and that she, would like to
40 bring -up to light. Every December we have a toy giveaway, she
41 continued, and our City is one of the recipients. She said that
42 since she has been here, she has gone to staff and asked for any
43 goodies left which she would give to neighbors; she said that she
44 has two neighbors that do not speak; English so they do not know
45 anything that we do here, so she takes care of those two and
46 another that lives nearby; she said that out of those leftovers
47 she has never gotten more than 20 -25 pieces; she also gives them
48 to the children where she works who fall under the same
49 situation, who are less fortunate. "A complaint came to the
50 Manager concerning this matter; however, there is no rule in the
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MINUTES - January 9, 2007
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City Code that says what I could or I could not do; she was
concerned and that's ok." At this time Commissioner Palmer asked
our attorney to move ahead with some kind of ordinance providing
for guidelines as to how to proceed with leftovers, such as toys.
She also asked the City Manager for the name and address of the
sponsor so that she may pledge at least $100 from her expense
account for the few toys that she has received. She concluded by
saying that her purpose is to be very open and that she is here
to serve. On another note, she announced MLK's Breakfast
scheduled for Thursday, and the March for Saturday.
Vice Mayor Wiscombe said that he received a call from Mr.
Eisenberg with the Sunset Professional Building, regarding the
air conditioners and the sound proofing, saying that the drawings
and plans will be submitted at the beginning of the week.
Commissioner Beckman said that the sidewalk project on
Ludlam Road is almost completed; the next phase that was agreed
upon was to finish the unfinished portion on Miller Road. Mr.
Balogun said that late last month staff sent them a follow up but
we have not yet received a response.
Mayor Feliu referred to the possibility of bringing natural
gas into the City; he said that he has a lot of _neighbors,
including him, that would like to see natural gas pipes in our
City. This will give residents _a relief during the hurricane
season when we lose power. He said that he has discussed this
wish with the legislators, and the possibility of having some
financial assistance from the State for the benefit of the
taxpayers of South Miami.
Commissioner Palmer asked as to whether the natural gas
project would cost the City any money. Mayor Feliu said that he
is trying to avoid that as much as possible; he said that perhaps
it would be a good idea to conduct a survey to see how many
residents would be interested, to see if it is viable and to seek
other sources of funding; maybe the County can help us out since
we do pay County taxes. Ms. McKinley said that in the next
newsletter we can put a number there for people to give us input.
With no further comments, the Manager's Report concluded.
3. City Attorney's Report
Counsel Figueredo reported that we have completed bank
closing for the parking garage project. Paperwork has been filed
and we should be receiving the bond proceeds for the
construction.
Mayor Feliu then referred to flyers that have been
distributed throughout the City, and. that some of the flyers have
REGULAR CITY COMMISSION 3
MINUTES - January 9, 2007
1 been distributed by one of our board members." He asked the
2 attorney as to whether there is anything that could be done to
3 prevent these incidents. Counsel Figueredo said that one option
4 that the Commission could consider is to expand the City's ethics
5 ordinance by adding guidelines or a code of conduct to give
6 guidance to board members
7
8 Commissioner Palmer asked as to whether we are going to
9 differentiate between board members, handing out a flyer as
10 opposed to creating a flyer. Counsel Figueredo said that this
11 would be determined by directions from the Commission
12
13 Vice Mayor Wiscombe said that his only concerned with this
14 would be the constitutional rights to freedom of speech.
15
16 At this time Counsel Bouts:is indicated that we have
17 conducted ethics seminars periodically in the City and that
18 perhaps is time to set up one for the near future.
19
20 With no further comments, the Attorney's Reports concluded.
21
22 Moved by Mayor Feliu, seconded. by Commissioner Palmer, the
23 motion to take items no. 11 and 12 on the agenda out of order
24 passed by a 5 -0 vote:
25
26 Commissioner Palmer: Yea
27 Commissioner Birts: Yea
28 Commissioner Beckman: Yea
29 Vice Mayor Wiscombe: Yea
30 Mayor Feliu Yea
31
32
33 RESOLUTION (S) /PUBLIC HEARING (S)
34
35
36 4. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
37 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
38 THREE VARIANCES FROM SECTION 20- 3.5(E) OF THE LAND
39 DEVELOPMENT CODE IN ORDER TO ALLOW THE CONSTRUCTION OF
40 A TWO STORY SINGLE FAMILY HOME ON PROPERTY LOCATED AT
41 6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE
42 "RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT;
43 THE VARIANCES REQUESTED ARE: (1) A VARIANCE TO ALLOW
44 THE LOT SIZE OF A BUILDING SITE TO BE 4796 SQUARE
45 FEET WHERE A MINIMUM LOT SIZE OF 6000 SQUARE FEET IS
46 REQUIRED AND 47 FEET OF FRONTAGE WHERE 60 FEET IS
47 REQUIRED; (2) A VARIANCE TO PERMIT AN INTERIOR SIDE
48 YARD SECOND STORY SETBACK TO BE 9 FEET 9 INCHES WHERE
49 10 FEET IS REQUIRED; (3) A VARIANCE TO ALLOW THE SQUARE
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MINUTES - January 9, 2007
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FOOTAGE OF THE SECOND STORY TO BE THE SAME SQUARE
FOOTAGE (100 %) AS THE FIRST FLOOR WHERE THE MAXIMUM
SIZE OF THE SECOND FLOOR IS TO BE LIMITED TO 60% OF THE
FIRST FLOOR SQUARE FOOTAGE; PROVIDING FOR AN EFFECTIVE
DATE. 4/5
(City Manager)
Moved by Mayor Feliu, seconded by Commissioner Beckman, the
motion to defer this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu Yea
5. A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
CODE IN ORDER TO ALLOW THE CONSTRUCTION OF A ONE STORY
SINGLE FAMILY HOME ON PROPERTY LOCATED AT 6016 SW 63
STREET, SOUTH MIAMI, FLORIDA, WITHIN THE "RS -4" SINGLE
FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCE
REQUESTED IS TO ALLOW A REAR SETBACK TO BE 23 FEET 10
INCHES WHERE A MINIMUM OF 25 FEET IS REQUIRED;
PROVIDING FOR AN EFFECTIVE DATE,. 4/5
(City Manager)
Moved by Mayor Feliu, seconded. by Vice Mayor Wiscombe, the
motion to defer this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beekman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
At this time Vice Mayor Wiscombe said that he would like to
defer item no. 14 on the agenda. He said that this particular
property has gone through hurdle after hurdle before and that he
would like to hold a special Commission meeting to deal
specifically with this item. There has never been an easy project
from the time of its conception and there are several questions
that he has on various issues; therefore, he said that he would
like to have the opportunity to revisit the minutes of the Rum
Bum project and the discussions dealing with the particular
property.
Moved by Vice Mayor Wiscombe, seconded by Commissioner
REGULAR CITY COMMISSION
MINUTES - January 9, 2007
5
1 Beckman, the motion to take item ,no. 14 on the agenda out of
2 order 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 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
12 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
13 PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE
14 FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
15 PROJECT IN THE 118R(HD -OV)" SPECIALITY RETAIL (HOMETOWN
16 DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL
17 EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN
18 ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
19 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT
20 COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT
21 COVERAGE ON SW 74'''STREET; (22) ALLOW A BUILDING TO
22 EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF
23 20,000 SQUARE FEET (3) ALLOW A CURB CUT TO BE LOCATED
24 ON SW 59' COURT WHICH LOCATION IS NOT SHOWN ON THE
25 HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY
26 GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY
27 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
28 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5
29 (Deferred 1211910 6)
30 (City Manager)
31 Moved by Vice Mayor Wiscombe, seconded by Commissioner
32 Beckman, the motion to defer this item to be heard at a special
33 meeting on January 18, 2007 at 6:30 p.m. passed by a 5 -0 vote:
34
35 Commissioner Palmer: Yea
36 Commissioner Birts: Yea
37 Commissioner Beekman: Yea
38 Vice Mayor Wiscombe: Yea
39 Mayor Feliu: Yea
40
41
42
43 ORDINANCE (S) FIRST READING
44
45 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
47 DEVELOPMENT CODE; AMENDING SECTIONS 20 -7.30 AND 20 -8.16
48 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF
REGULAR CITY COMMISSION 6
MINUTES - January 9, 2007
1 USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF
2 UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES
3 IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
4 (Unfinished Business from meeting of 22119106)
5 (City Manager)
6
7 Moved by Commissioner Palmer, seconded by Mayor Feliu to
8 approve this item.
9
10 Counsel Figueredo presented this item. He explained that the
11 unity of title is a written agreement which is done when a
12 development is being constructed on more than one parcel; this
13 agreement provides that the developer will not sell one property
14 without the other. What this ordinance does is to provide the
15 Commission the option of using the unity of title, or using the
16 deed restrictions in lieu of the unity of title The deed
17 restriction is a document that is more comprehensive; you can
18 make the same requirement as with the unity of title; in
19 addition, the deed restriction also permits to impose additional
20 restrictions. The restrictions need to be treated on a case-by-
21 case basis. These run with the land since it is a recorded
22 document. If there are restrictions regarding use or maintenance,
23 they are perpetual.
24
25 Moved by Commissioner Beckman to adopt the substitute item
26 included in the package. Seconded by Mayor Feliu, the motion to
27 approve this motion passed by a 4 -1 vote;
28
29 Commissioner Palmer: Nay
30 Commissioner Birts: Yea
31 Commissioner Beckman: Yea
32 Vice Mayor Wiscombe: Yea
33 Mayor Feliu: Yea
34
35 In response to Commissioner Palmer's question regarding the
36 difference between a PUD and a declaration of restrictions,
37 Counsel Figueredo explained that there is no comparison; a PUD is
38 a specific type of development; deed restrictions have nothing to
39 do with a PUD. For qualifying for a PUD under our Code you would
40 have to have an assemblage of properties of so many acres. A
41 small property does not qualify for a PUD.
42
43 Commissioner. Palmer said that to her this is a big change
44 and that she thinks that it needed a research, and to look at
45 other cities to see what they are doing and what are the effects.
46
47 Counsel Figueredo said that in his opinion as a lawyer there
48 is no need for research because it has been done in Palmetto Bay;
49 this document gives the Commission much more power.
50
REGULAR CITY COMMISSION 7
MINUTES — January 9, 2007
1 Commissioner Palmer said that she thinks that this is for
2 empowering the developer more than the residents. She said that
3 she is still not comfortable with it and that she would not
4 support it
5
6 Commissioner Beckman said that this is a companion item to
7 no. 10 which is the actual ordinance and where he will make
8 comments.
9
10 With no further comments or discussion the motion to approve
11 this item as amended passed by a 4 -1 vote:
12
13 Commissioner Palmer: Nay
14 Commissioner Birts: Yea
15 Commissioner Beckman.: Yea
16 Vice Mayor.Wiscombe: Yea
17 Mayor Feliu: Yea
18
19 At this time, Commissioner Birts referred to the flyer that
20 was delivered to her house which she found very insulting and
21 racist. She said that these are the things that do not allow the
22 City to move on.
23
24
25 PUBLIC REMARKS
26
27 David Tucker Sr. continued with his series of history
28 lessons.
29
30 Bob Welsh apologized to anyone who was offended by the
31 ethnic humor that he had in his flyer. He also apologized to the
32 person that he misquoted in that flyer.
33
34 Fred Truby said that the noise coming from the air
35 conditioning of the Sunset Professional Building is louder than
36 ever.
37
38 Shirley Huebner thanked the Commission for the actions that
39 they have taken tonight and for deferring item no. 14 on the
40 agenda. She said that the most recent Planning Board minutes that
41 she could find in our website are from September 2006; this is a
42 critical board and residents and also the Commission needs this
43 information. She also said that illumination is needed and it is
44 a critical issue citywide and that there are a number of
45 residential streets in need of better illumination particularly
46 those with parking meters where people are expected to be
47 walking,
48
49 Eda Harris said that she concurs with Commissioner Palmer on
50 the issue of the unity of title item and that she does not feel
REGULAR CITY COMMISSION 8
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1 comfortable with it because of the fact that our attorney brought
2 it up ... tape inaudible
3
4 Patty Vila said that she felt offended by the flyer, and
5 that she feels that certain individuals are dividing the
6 neighbors... tape inaudible
7
8 Al Perez also said to be offended by the flyer and that
9 there is absolutely nothing funny about it.
10
11 Victoria Zamorano said to be deeply offended by the flyer
12 and that she needs a retraction and an apology in the same
13 fashion that the flyer was distributed.
14
15_ Ann Marie Clyatt, a member of the Historic Preservation
16 Board, spoke in favor of item no. 16 on the agenda.
17
18 Marice Chael, also a member of the Historic Preservation
19 Board, spoke in favor of item no. 16 on the agenda.
20
21 Cathy McCann referred to the plans for beautifying and
22 landscaping Sunset Drive which were presented to the Commission a
23 few meetings ago and said that it is long overdue. She then
24 expressed concern about a banner she saw over the holidays,
25 advertising a happy hour in a downtown restaurant. She said that
26 the sign stayed there for two weeks even though is illegal. She
27 urged the Commission to make sure that our rules are followed.
28
29 At this point Commissioner Beckman asked the City Manager to
30 follow up on the illegal signs claim.
31
32 Yvonne Beckman said that she did handed out some flyers, and
33 that she did not want for anyone to confuse her dislike for
34 macmansions with her activism to have macmansions rules in place.
35
36 Cristina Cabarrocas said that her main concern regarding the
37 flyer is the misinformation and the suggestion in its contents.
38
39 Jeff Scroggin presented an enlarged map of our City and
40 surrounding cities. The purpose of the map was to compare how our
41 City shows a larger amount of green space as opposed to Coral
42 Gables. He urged the Commission to help preserve our City's green
43 areas which are lost on account of large homes.
44
45 Philip Stoddard said that the main issue with large houses
46 is how people address their neighbors. About the restrictive
47 covenant, he asked as to whether the language is such that it
48 also allows the Commission to waive restrictions beyond the
49 existing code; and whether these restrictions could be lifted by
50 a majority vote or whether it would require a super majority
51 vote.
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1
2 Katrina Burkhardt said to be in favor of looking at rules
3 for limitations on what can be built on lots and that she is in
4 favor of building proportionately.
5
6 Diane Jacobs also referred to large houses and the effect
7 they have on percolation.
8
9 Emilio Lizarraga said that even though he resides outside
10 City boundaries (6111 SW 44 St) that. he still follows City rules.
11 He then referred to his neighbor across the street who has a
12 trailer home parked in front of his house which seems to have a
13 permanent status and that there are people living in the trailer.
14 Mayor Feliu asked the City Manager to follow up with the County
15 on this issue:
16
17 Brad Cassel referred to an issue dating back to 2002
18 regarding the funding for a pension for a police officer and
19 which issue has not been resolved yet. He emphasized that this is
20 an issue that needs to be dealt with as soon as possible because
21 is costing the City money.
22
23 Jose Suarez referred to the item on the agenda relating to
24 the unity of title, and that he welcomes the City Attorney
25 bringing something up that would help the City.
26
27 Donna Shelly, a Historic Preservation Board, spoke in favor
28 of item no. 16 on the agenda.
29
30 Tim Downy said that something needs to be done about large
31 homes being built too close to neighbors.
32
33 Bobbi Goldwin expressed concern about all the trees that she
34 has seen coming down around her property on account of new
35 construction. She said that we need smaller homes to blend in
36 with our environment.
37
38 Alberto Jorge said to be opposed to any restrictions being
39 imposed on owner's property rights
40
41 Jane Walk said that if the City can ,restrict the size of a
42 fence, it can also restrict the size of homes.
43
44 Marisabel Cadenas said that everyone should take the
45 responsibility of planting trees around their homes, as she has
46 in order to protect her own privacy,
47
48 Janet Launcelott said to be against administrative waivers
49 and suggested having public hearings if the City continues to
50 grant them.
51
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1 With no further speakers the public remarks session was
2 closed.
3
4 At this time the Mayor announced a five- minute break.
5
6
7 CONSENT
8
9 01 -07 -12386
10 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
11 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
12 MANAGER TO ISSUE A SERVICE WORK ORDER TO SANTANA'S LAWN
13 SPRINKLERS, CORP. FOR IRRIGATION SYSTEM REPAIR AT PALMER
14 PARK BASEBALL FIELD IN AN AMOUNT OF $13,100 TO BE
15 - CHARGED TO THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE
16 PROGRAM (FRDAP) GRANT ACCOUNT NUMBER 001 -0000- 131. -2221;
17 PROVIDING FOR AN EFFECTIVE DATE. 3/5
18
19 (City Manager)
20
21 02 -07 -12987
22 9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
23 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
24 DISBURRSE $4,924.52 FROM THE POLICE DEPARTMENT'S FEDERAL
25 FORFEITURE FUND; OTHER USES /MISCELLANEOUS ACCOUNT # 615 -
26 1910- 521 -9960; FOR REPAIR OF THE VIDEO /AUDIO RECORDING
27 EQUIPMENT INSIDE THE SURVEILLANCE VAN; PROVIDING FOR AN
28 EFFECTIVE DATE. 3/5
29
30 (City Manager)
31
32 03 -07 -12388
33 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
34 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
35 COMMITTEES; APPOINTING FRANK C:UZZOCREA, A RESIDENT OF
36 THE CITY OF SOUTH MIAMI, TO SERVE ON THE BOARD OF
37 TRUSTEES /POLICE OFFICERS RETIREMENT TRUST FUND FOR A TWO
38 YEAR TERM ENDING JANUARY 08, 2009; AND PROVIDING AN
39 EFFECTIVE DATE. 3/5
40 (Mayor Fel.iu)
41 Moved by Vice Mayor Wiscombe, seconded by Commissioner
42 Palmer, the motion to approve the Consent Agenda passed by a 5 -0
43 vote:
44
45 Commissioner Palmer: Yea
46 Commissioner Birts: Yea
47 Commissioner Beckman: Yea
REGULAR CITY COMMISSION 1 1
MINUTES - January 9, 2007
I Vice Mayor Wiscombe: Yea
2 Mayor Feliu: Yea
3
4
5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
6
7 01 -07 -1902
8 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
9 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES;
10 AUTHORIZING THE RENEWAL REQUEST BY ATLANTIC BROADBAND,
11 L.L.C. FOR A TEN YEAR RENEWAL TERM, WITH
12 RENEWAL TER AN OPTION TO RENEW FOR AN ADDITIONAL FIVE
13 YEAR TERM; PROVIDING FOR A FIVE PERCENT FRANCHISE FEE
14 AS PROVIDED UNDER STATE AND FEDERAL LAW; PROVIDING FOR
15 STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING
16 SERVICES PROVIDING FOR SEVERABILITY, ORDINANCES IN
17 CONFLICT, AND AN EFFECTIVE DATE. 4/5
18 (City Manager)
19 Moved by Commissioner Palmer_, seconded by Vice Mayor
20 Wiscombe to approve this item.
21
22 Counsel Boutsis presented this item. She indicated that
23 based on directions by the Commission on the first reading of
24 this item, some revisions were made and she proceeded to explain.
25 She referred to "Exhibit 1" (System Evaluation and
26 Recommendations) which was part of the back up of the item on
27 first reading. "Exhibit 1" was missing from this package but Mr.
28 Balogun provided copies to the Commission during this meeting.
29
30 The public hearing was opened following presentation by
31 staff and discussion by the Commission.
32
33 Todd Wells, attorney representing Atlantic Broadband
34 addressed the - Commission with clarification regarding the
35 language on the agreement which he said to be standard. He also
36 said that the amount of $20,000 that they give the City for
37 maintenance of the equipment is also standard; the City is then
38 free to use its judgment on how to use that money, either to buy
39 equipment or to pay $1,600 to extend some fiber to the Community
40 Center.
41
42 The public hearing was opened at this time.
43
44 Brad Cassel said that since Atlantic took over his rates
45 have gone up just about double from what they were. He also said
46 that he has given up calling to complain about problems with the
47 service; he said that they keep telling him that he needs a line
48 because he is too far from some piece of equipment. He urged the
49 Commission to renew the agreement for five years because
REGULAR CITY COMMISSION 12
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1 technology is changing too quickly and then we will need to
2 upgrade today's equipment.
3
4 Tim Whitman said that it is important to keep in mind the
5 technological development that is going to happen within the next
6 ten years
7
8 Lorie Yanoshik asked as to whether Atlantic is regulated for
9 either price or quality of service at the State, the FPSC, or the
10 FCC level. She said that she has a lot of problems with the
11 service.
12
13 Todd Wells responded that all cable providers are regulated
14 at the federal level by the FCC.
15
16 Donna Garafano, Vice President of Government Affairs for
17 Atlantic Broadband addressed the Commission with regard to how
18 cable companies are regulated by the government.
19
20 In response to Commissioner Palmer's question, which echoed
21 some of the concerns from the speakers, Ms. Garafano said about
22 new technology that in the three years since Atlantic Broadband
23 has acquired the cable system that they have added high
24 definition among other new technology. She said that they need to
25 keep up with the times also for the sake of competition.
26
27
Commissioner Palmer then suggested
that instead of sending
28
emails from one to another about
service
complaints that it would
29
be more productive to have a
system
established through our
30
website,
31
32
Moved by Mayor Feliu, seconded.
by
Commissioner Palmer, the
33
motion to extend the meeting for
thirty
minutes after 11:00 p.m.
34
passed by a 5 -0 vote:
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Commissioner
Palmer:
Yea
37
Commissioner
Birts:
Yea
38
Commissioner
Beckman:
Yea
39
Vice Mayor Wiscombe:
Yea
40
Mayor Feliu:
Yea
41
42
43
With no further comments
or discussion,
the motion to
44
approve this item passed by a 5 -0
vote:
45
46
Commissioner
Palmer:
Yea
47
Commissioner
Birts:
Yea
48
Commissioner
Beckman:
Yea
49
Vice Mayor Wiscombe:
Yea
50
Mayor Feliu:
Yea
REGULAR CITY COMMISSION 13
MINUTES - January 9, 2007
1
2 Moved by Commissioner Beckman, seconded by Commissioner
3 Birts, the motion to adjourn the meeting at this time failed by a
4 2 -3 vote:
5
6 Commissioner Palmer: Nay
7 Commissioner Birts: Yea
8 Commissioner Beckman: Yea
9 Vice Mayor Wiscombe: Nay
10 Mayor Feliu: Nay
11
12 Moved by Mayor Feliu, seconded. by Commissioner Palmer, the
13 motion to move item no. 13 out of order passed by a 4 -1 vote:
14
15 Commissioner Palmer: Yea
16 Commissioner Birts: Yea
17 Commissioner Beckman: Nay
18 Vice Mayor Wiscombe: Yea
19 Mayor Feliu: Yea
20
21
22 RESOLUTION (SYPUBLIC HEARING (S)
23
24
25 04 -07- 12389
26 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
28 SECTION 20- 3.3(D) OF THE LAND DEVELOPMENT CODE FOR A
29 SPECIAL USE APPROVAL TO LOCATE AN ANIMAL HOSPITAL
30 FACILITY IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT
31 SPECIFICALLY LOCATED AT 6394 S. DIXIE HIGHWAY;
32 PROVIDING FOR AN EFFECTIVE DATE. 4/5
33 (City Manager)
34
35 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
36 approve this item.
37
38 Mr. Youkilis presented this item.
39
40 Speakers were sworn in at this time and the public hearing
41 was opened.
42
43 The applicant, Miguel Cervoni., addressed the Commission,
44 explaining the operation of the proposed animal hospital
45 facility.
46
47 Commissioner Beckman had a question about the standard for a
48 soundproof structure and how would the applicant comply with this
REGULAR CITY COMMISSION 14
MINUTES - January 9, 2007
I requirement. Mr. Youkilis said that this is something that the
2 Building Department would have to determine. Counsel Figueredo
3 said that what Mr. Youkilis is suggesting is that it is a
4 requirement, and that the determination as to whether or not the
5 structure is soundproof is a determination that is made by the
6 Building Department, not by Planning and Zoning; therefore, any
7 approval would not exempt the applicant from having to comply
8 with it. The Building Department would have to confirm that the
9 building is soundproof.
10
11 Commissioner Palmer asked as to whom would monitor these
12 clinics.
13
14 The applicant said that the City would address any
15 complaints received about noise or anything else.
16
17 About medical waste, Counsel Figueredo explained that we
18 typically see concerns with trash pick ups when dealing with
19 restaurants. However, in this case, medical waste is regulated by
20 Florida State law as to how is to be handled and picked up, and
21 they usually use a specialty company, to do that.
22
23 Brad Cassel asked as to whether this facility would be _open
24 twenty -four hours a day. Mr. Youkilis explained that City.
25 regulations provide that they have to close at 9, except for
26 emergency medical treatment.
27
28 To address Commissioner Beckman. s concern, Counsel Figueredo
29 said that medical waste is extensively regulated by the State and
30 that in his opinion the State regulations are adequate so the
31 language in the resolution is good.
32
33 Beth Schwartz said that since this property is next to a
34 restaurant, - if there will be enough staff to take the animals in
35 and out.
36
37 The applicant explained that the property is big; there is
38 an area that is already landscaped and they will landscape some
39 more, and the whole area is going to be fenced in.
40
41 The public hearing was closed at this time.
42
43 With no further comments or discussion, the motion to
44 approve this item passed by a 5 -0 vote:
45
46 Commissioner Palmer: Yea
47 Commissioner Birts: Yea
48 Commissioner Beckman: Yea
49 Vice Mayor Wiscombe: Yea
50 Mayor Feliu: Yea
51
REGULAR CITY COMMISSION 15
MINUTES - January 9, 2007
1 Moved by Mayor Feliu, seconded by Commissioner Palmer, the
2 motion to move item no. 16 out of order 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 RESOLUTION (S)
12
13 05 -07 -12390
14 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
15 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE
16 OF A GRANT OF $8000 FROM THE VILLAGERS, INC. FOR THE
17 PLACEMENT OF HISTORIC MARKERS (CORAL ROCK PILLARS)
18 INDICATING THE LOCATION OF THE CAMBRIDGE LAWNS HISTORIC
19 DISTRICT; AUTHORIZING THE CITY MANAGER TO ADVANCE
20 FUNDING FOR CONSTRUCTION OF AND PLACEMENT OF THE
21 HISTORIC MARKERS; PROVIDING FOR AN EFFECTIVE DATE. 3/5
22 (City Manager)
23
24 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
25 approve this item.
26
27 Commissioner Beckman said that Miller Road is a County Road
28 where some of these pillars will be placed, and asked as to
29 whether we will be having any trouble getting permission. He also
30 asked as to whether we have a source for $8,000. Mr. Balogun
31 explained that the money will be taken out of the grant fund and
32 will be put back when we get reimbursed.
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 Beekman: Yea
40 Vice Mayor Wiscombe: Yea
41 Mayor Feliu: Yea
42
43
44
45
46
47
48
49
REGULAR CITY COMMISSION 16
MINUTES - January 9, 2007
REGULAR CITY COMMISSION 17
MINUTES - January 9, 2007
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UNITY OF TITLE; CREATING SUBSECTION 20- 5.16(F) TO
PROVIDE FOR THE OPTION OF USING A DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
(City Manager)
RESOLUTION (S)/PUBLIC HEARING (S)
16. 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
REPLACEMENT OF WINDOWS IN A SINGLE FAMILY RESIDENCE
LOCATED AT 6250 MILLER ROAD WITHIN THE CAMBRIDGE LAWNS
HISTORIC DISTRICT; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
ORDINANCE (S) FIRST READING
17. A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM
DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT
APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES;
AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "AMC
MANSIONS "; STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO -
STORY HOMES FOR THE EIGHT MONTH PERIOD TO COMPLETE THE
STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A
WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND
CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS;
AND EXPANDING THE POWERS OF THE ERPB BY AMENDING THE
LAND DEVELOPMENT CODE SUBSECTION 2 0 - 6.1 (C) (3) (f) ;
PROVIDING SEVERABILITY ORDINANCE IN CONFLICT, AND AN;
EFFECTIVE DATE. 3/5
(Vice Mayor Wiscombe)
(END OF UNFINISHED BUSINESS)
REGULAR CITY COMMISSION
MINUTES - January 9, 2007
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COMMISSION REMARKS
There being no further business to come before this Body,
the meeting adjourned at 11:30 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - January 9, 2007
19
Approved
Horace G. Feliu
Mayor