02-20-07 AgendaCITY COMMISSION AGENDA
City Commission Meeting
City Commission Meeting date:
February
20, 2007
Time:
7:30 PM
Workshop (Employee Manual):
February
21, 2007
Time:
6:00 PM
Workshop (MacMansions):
February
27, 2007
Time:
6:00 PM
Next Regular Meeting date:
March 6,
2007
Time:
7:30 PM
6130 Sunset Drive, South Miami,
FL; Phone: (305)
663 -6340
City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before
engaging in any lobbying activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who are retained (whether
paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and
selection of professional consultants, and virtually all- legislative, quasi -
judicial and administrative action. It does not apply to not - for - profit
organizations, local chamber and merchant groups, homeowner associations,
or trade associations and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) 7:00 p.m.
1) Presentation of Planning Initiative - EAR
2) Budget & Finance Committee Report
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of February 6, 2007
b) Minutes of February 8, 2007
REGULAR CITY COMMISSION 1
AGENDA - FEBRUARY 20, 2007
2. City Manager's Report
a) Scheduling Tentative Dates for the MacMansions Workshops
3. City Attorney's Report
UNFINISHED BUSINESS
(From meeting of 2106107)
RESOLUTION (S) /PUBLIC HEARING (S)
4. 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(G) OF THE LAND DEVELOPMENT
CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003
SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET
IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS
REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE,
SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE
ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO
PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING;
AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR A VARIANCE OF THE LDC TO ALLOW THE LOT SIZE OF A
BUILDING SITE TO BE 7003 SQ FT WHERE THE MINIMUM IS 7500 SQ FT; AND 50 FT
OF FRONTAGE WHERE 75 FT IS REQUIRED LOCATED AT 7641 SW 62ND AVE; FOR THE
CONSTRUCTION OF A 2 -STORY OFFICE BUILDING)
(City Manager)
5. 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
SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO BE CALLED
GIGGLE CITY PLAY CAFE IN THE SR (HD -OV) SPECIALTY RETAIL
HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY
LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE);
PROVIDING AN EFFECTIVE DATE. 4/5
(A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO BE
CALLED GIGGLE CITY PLAY CAFE IN THE HOMETOWN DISTRICT LOCATED AT 5701
SUNSET DR)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST FROM HABITAT
FOR HUMANITY OF GREATER MIAMI INC PURSUANT TO SECTION
20- 5.16(e) OF THE LAND DEVELOPMENT CODE TO ALLOW THE
RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006
WHICH COMBINED INTO ONE BUILDING SITE THE FOLLOWING
REGULAR CITY COMMISSION 2
AGENDA - FEBRUARY 20, 2007
PARCELS, LOTS 77 & 78 LESS NORTH 5 FT. OF LOT 78 & LESS
EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60th AVENUE)
AND THE EAST 1 /2 OF LOT 79, (6016 SW 63rd STREET) BLOCK
14, FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT
PAGE 34, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO A REQUEST FROM HABITAT FOR HUMANITY TO ALLOW THE
RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006 WHICH COMBINED
PARCELS 77 & 78 INTO ONE BUILDING SITE AT 6350 SW 60TH AV & 6016 SW 63RD ST)
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -5.16
OF THE LAND DEVELOPMENT CODE RELATING TO 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
(Deferred 01123107)
(City Manager)
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; AMENDING SECTIONS 20 -7.30 AND 20 -8.16
RELATING TO UNITY OF TITLE; PROVIDING 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
(Deferred 01123107)
(City Manager)
RESOLUTION (S)
9. A RESOLUTION OF THE MAYOR. AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ASKING MIAMI -DADE COUNTY
TO CONSIDER INSTALLING TRAFFIC CALMING CIRCLE AT THE
INTERSECTION OF SUNSET DRIVE (SW 72ND STREET) AND RED
ROAD (SW 57TH AVENUE) IN LIEU OF THE EXISTING TRAFFIC
SIGNAL AT THE INTERSECTION; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION ASKING MIAMI -DADE COUNTY TO CONSIDER INSTALLING TRAFFIC
REGULAR CITY COMMISSION 3
AGENDA - FEBRUARY 20, 2007
CALMING CL AT THE INTERSECTION OF SUNSET DR AND RED ROAD IN LIEU OF THE
EXISTING TRAFFIC SIGNAL AT THE INTERSECTION)
(Mayor Feliu)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
ORDINANCE (S) FIRST READING
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE;
AMENDING SECTION 20 -4.7 OF THE CITY'S LAND DEVELOPMENT
CODE IN ORDER TO CORRECT THE TITLE TO REFLECT "MINIMUM
STANDARDS" FOR ALL CONSTRUCTION AND NOT JUST IDENTIFYING
MINIMUM HOUSING STANDARDS; MODIFYING SUBSECTION (C) IN
ORDER TO SPECIFICALLY REQUIRE ALL PROPERTIES TO RETAIN
STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT
THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING
RECURRENT PONDING ON ADJOINING PROPERTIES OR PUBLIC
RIGHTS -OF -WAY; AND ELIMINATING SUBSECTION (J) ENTITLED
"CERTIFICATE OF OCCUPANCY RELATING TO REHABILITATION
AREAS AS NO SUCH CERTIFICATE IS USED IN THE CITY, AND AS
REHABILITATION AREA IS NOT DEFINED; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFL'ICT, AND AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
11. AN ORDINANCE OF THE MAYOR
AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
A REQUEST TO
AMEND THE OFFICIAL ZONING MAP
OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE BY
DESIGNATING A COMMERCIAL
BUILDING LOCATED AT 5800 SUNSET DRIVE AS
AN HISTORIC
SITE AND BY PLACEMENT OF
AN HISTORIC
PRESERVATION
OVERLAY ZONE (HP -OV) OVER
THE EXISTING
ZONING USE
DISTRICT FOR THIS PROPERTY;
PROVIDING FOR
SEVERABILITY;
PROVIDING FOR ORDINANCES IN
CONFLICT; AND
PROVIDING AN
EFFECTIVE DATE.
3/5
(City
Manager)
(END OF UNFINISHED BUSINESS)
REGULAR CITY COMMISSION 4
AGENDA - FEBRUARY 20, 2007
PUBLIC REMARKS
CONSENT
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE FISCAL YEAR 2007 GRANT AGREEMENT WITH
MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC
DEVELOPMENT (OCED) FOR THE CHURCH STREET IMPROVEMENTS
PHASE IV; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE FY 07 GRANT AGREEMENT
WITH.MIAMI -DADS COUNTY (OCED) FOR THE CHURCH ST IMPROVEMENTS)
(City Manager)
13. A RESOLUTION OF THE MAYOR, AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE FISCAL YEAR 2007 . GRANT AGREEMENT WITH
MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC
DEVELOPMENT (OCED) FOR EMERGENCY GENERATOR FOR THE
GIBSON - BETHEL COMMUNITY CENTER; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE FY 07 GRANT AGREEMENT
WITH MIAMI -DADE COUNTY (OCED) FOR EMERGENCY GENERATOR FOR THE GIBSON- BETHEL
COMMUNITY CENTER)
(City Manager)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A SERVICE WORK ORDER WITH STAR BRIGHT
PAINTING CORP FOR PAINTING OF CITY HALL IN AN AMOUNT OF
$16,630 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT ACCOUNT
NUMBER 001 - 1710 - 519 - 3450; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE WORK ORDER
WITH STAR BRIGHT PAINTING FOR PAINTING OF CITY HALL IN AN AMT OF $16,630 TO
BE CHARGED TO THE PW'S DEPT ACCT W /CURRENT BAL$50,565)
(City Manager)
15. A RESOLUTION OF THE .MAYOR. AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE FINANCE
DIRECTOR ELIZA B. RASSI SIGNATORY IN CITY BANK ACCOUNTS;
PROVIDING FOR AN EFFECTIVE DATE 3/5
(A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR ELIZA RASSI SIGNATORY IN
CITY BANK ACCOUNTS)
(City, Manager)
REGULAR CITY COMMISSION 5
AGENDA - FEBRUARY 20, 2007
16. A RESOLUTION OF THE MAYOR. AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, URGING THE MEMBERS OF THE
FLORIDA LEGISLATURE TO SUPPORT THE FLORIDA LEAGUE OF
CITIES' LEGISLATIVE ISSUES DURING THE 2007 LEGISLATIVE
SESSION; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION URGING THE MEMBERS OF THE FLA LEGISLATURE TO SUPPORT THE FLA
LEAGUE OF CITIES' LEGISLATIVE ISSUES DURING THE 2007 LEGISLATIVE SESSION)
(Mayor Feliu and Commissioner Birts)
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE $1,530.00 FROM THE POLICE
DEPARTMENT'S STATE FORFEITURE FUND; TRAVEL, PER DIEM &
CONFERENCE; ACCOUNT # 608- 1910 - 521 - 4070; FOR SPECIALIZED
NARCOTICS TRAINING WITH THE DRUG ENFORCEMENT
ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $1,530.00 FOR
SPECIALIZED NARCOTICS TRAINING WITH THE DRUG ENFORCEMENT ADMINISTRATION
FROM THE POLICE DEPT'S STATE FORFEITURE FUND TRAVEL, PER DIEM & CONFERENCE
ACCT # W /CURRENT BAL$1,530)
(City Manager)
18. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A TWO YEAR LEASE AND MAINTENANCE
CONTRACT FOR TWO POLICE MOTORCYCLES WITH PETERSON'S
HARLEY DAVIDSON OF MIAMI; DISBURSEMENT OF FUNDS ($800.00
PER MONTH FOR 2 MOTORCYCLES) FROM ACCOUNT # 001-1910 -
521 -4450, PURCHASE /LEASE POLICE VEHICLES; PROVIDING FOR
AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A 2 -YR LEASE AND
MAINTENANCE CONTRACT FOR TWO POLICE MOTORCYCLES WITH PETERSON'S HARLEY
DAVIDSON OF MIAMI; DISBURSEMENT OF FUNDS ($800.00 1MO FOR 2 MOTORCYCLES)
FROM THE PURCHASE /LEASE POLICE VEHICLES ACCT W /CURRENT BAL$8,677)
(City, Manager)
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $9,820.67; CHARGING
$9,820.67 TO ACCOUNT NO. 001 - 1500 -514 -3410, LEGAL
SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMOUNT OF $9,820.67
CHARGING THE LEGAL SERVICES, .NON- RETAINER ACCT W /CURRENT BAL$26,540)
(City Attorney)
20. THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN 17HE AMOUNT OF $7,830.00; CHARGING
$7,830.00 TO ACCOUNT NO. 001 - 1500 - 514 -3410, LEGAL
SERVICES, NON - RETAINER; AND FOR $12,005.53 TO ACCOUNT
REGULAR CITY COMMISSION 6
AGENDA - FEBRUARY 20, 2007
NO.: 001 - 1500 - 514 -3454 LITIGATION RESERVE, PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $7,830.00 AND
$12,005.53; CHARGING THE LEGAL SERVICES, NON- RETAINER & THE LITIGATION
RESERVE ACCT W /CURRENT BALS$16,688.87 & $50,000.00 RESPECTIVELY)
(City Attorney)
RESOLUTION (S)
(CONT'D)
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE
FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL
EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN
ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT
COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT
COVERAGE ON SW 74th STREET; (2) ALLOW A BUILDING TO
EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF
20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED
ON SW 59' COURT WHICH LOCATION IS NOT SHOWN ON THE
HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY
GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5
(Deferred 12119106; 01109107; 01/18/07; 02106107)
(A RESOLUTION FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT PROJECT
TO PERMIT SPECIAL EXCEPTIONS OF THE LDC: (1) TO ALLOW A TOTAL LOT COVERAGE
OF 26,833 SQ FT WHICH EXCEEDS THE MAX 60% LOT COVERAGE ON SOUTH DIXIE
HIGHWAY AND THE MAXIMUM 50o LOT COVERAGE ON SW 74" ST; (2) ALLOW A
BUILDING TO EXCEED THE MAX PERMITTED BUILDING SQ FOOTAGE OF 20,000 SQ FT;
(3) ALLOW A CURB CUT TO BE LOCATED ON SW 59" COT ALL FOR PROPERTY LOCATED
AT 5966 -70 SO DIXIE HWY)
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
REGULAR CITY COMMISSION 7
AGENDA - FEBRUARY 20, 2007
ORDINANCE (S) FIRST READING
(CONT'D)
22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATING
SECTION 8A OF THE CITY'S CODE OF ORDINANCES ENTITLED
"CODE OF ETHICS" TO INCLUDE SECTION 8A -2, WHICH SECTION
SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL PUBLIC
OFFICIALS "; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Mayor Feliu and Commissioner Beckman)
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING
EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE
NOTICE THAT SECTION 2 -2. 1 (K) (2) OF THE CODE OF ORDINANCES
PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR
SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE
ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER
AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS
PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION."
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
REGULAR CITY COMMISSION 8
AGENDA - FEBRUARY 20, 2007
1 City of South Miami
2 Special City Commission Minutes
3 February 8, 2007
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CALL TO ORDER:
Wf t
The City Commission of the City of South Miami, Florida met
in special session on Thursday, February 8, 2007, beginning at
9:00 a.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 Randy G. Wiscombe, and,
Commissioner Jay Beckman. Commissioners Velma Palmer and Marie
Birts were absent.
Also in attendance were: City Attorneys Luis Figueredo, City
Clerk Maria M. Menendez and City Manager Yvonne Soler - McKinley.
B. Invocation: The invocation was delivered by Mayor Feliu.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
NONE
Counsel Figueredo explained that most of the boards in the
City provide for members to continue serving after their terms
have expired until new members are appointed. However, the Health
Facilities Authority does not have that provision and the terms
of previous members expired in September of 2006. As a matter of
good practice we should have all of our boards active in the
event that we would need for them to undertake any actions.
Therefore, the following resolutions are for the purpose of
appointing members to the Health Facilities Authority.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
SPECIAL CITY COMMISSION
MINUTES - February 8, 2007
1
1 RESOLUTIONS
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14 -•07 -12399
4
1.
A RESOLUTION OF THE
MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO
THE CITY OF
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SOUTH MIAMI HEALTH FACILITIES AUTHORITY; RE- APPOINTING
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BARBARA ACKER TO SERVE FOR A FOUR -YEAR
TERM ENDING
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FEBRUARY 7, 2011; AND
PROVIDING AN EFFECTIVE
DATE. 3/5
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(Mayor Feliu)
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15 -07 -12400
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2.
A RESOLUTION OF THE
MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO
THE CITY OF
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SOUTH MIAMI HEALTH
FACILITIES AUTHORITY;
APPOINTING
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TERESITA GARCIA TO SERVE FOR A FOUR -YEAR
TERM ENDING
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FEBRUARY 7, 2011; AND
PROVIDING AN EFFECTIVE
DATE. 3/5
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(Mayor Feliu)
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16 -07 -12401
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3.
A RESOLUTION OF THE
MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO
THE CITY OF
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SOUTH MIAMI HEALTH
FACILITIES AUTHORITY;
APPOINTING
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MARIO ARTECONA TO SERVE FOR A THREE -YEAR
TERM ENDING
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FEBRUARY 7, 2010; AND
PROVIDING AN EFFECTIVE
DATE. 3/5
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(Mayor Feliu)
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17 -07 -12402
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4.
A RESOLUTION OF THE
MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO
THE CITY OF
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SOUTH MIAMI HEALTH
FACILITIES AUTHORITY;
APPOINTING
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HECTOR CAPO TO SERVE FOR A TWO -YEAR TERM ENDING
FEBRUARY
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7, 2009; AND PROVIDING AN EFFECTIVE DATE.
3/5
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(Mayor Feliu)
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18 -07 -12403
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5.
A RESOLUTION OF THE
MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO
THE CITY OF
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SOUTH MIAMI HEALTH
FACILITIES AUTHORITY;
APPOINTING
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ZACHARY MANN TO SERVE FOR A ONE -YEAR
TERM ENDING
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FEBRUARY 7, 2008; AND
PROVIDING AN EFFECTIVE
DATE. 3/5
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(Mayor Feliu)
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Moved by Vice Mayor
Wisc:ombe, seconded by
Mayor Feliu to
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approve
these resolutions.
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Commissioner Beckman
requested clarification for having all
47 resolutions read as a consent agenda.
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SPECIAL CITY COMMISSION 2
MINUTES - February B, 2007
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Counsel Figueredo explained that unless the Commission had
any comments on any individual item they could be read as a
consent agenda. Ms. McKinley explained that the resolutions were
written separately because the terms were different so that they
could be staggered.
Commissioner Beckman said that his only point was
procedural.
With no further comments or discussion, the motion to
approve the above resolutions passed by a 3 -0 vote:
Commissioner Palmer: Absent
Commissioner Birts: Absent
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
COMMISSION REMARKS
Mayor Feliu took a minute to thank the Baptist Health
Systems, particularly South Miami Hospital for its continued
willingness to help this community. They have a great track
record in helping and being involved in our City, the Mayor
added.
There being no further business to come before this Body,
the meeting adjourned at 9:11 a.m.
Attest Approved
Maria M. Menendez
City Clerk
SPECIAL CITY COMMISSION
MINUTES - February 8, 2007
3
Horace G. Feliu
Mayor
1 City of South Miami4'
2 Regular City Commission Minutes
3 February 6, 2007
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5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, February 6, 2007, beginning at
9 7:15 p.m., in the City Commission Chambers, 6130 Sunset Drive.
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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.
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16 Also in attendance were: City Attorneys Luis Figueredo, City
17 Clerk Maria M. Menendez and City Manager Yvonne Soler - McKinley.
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19 B. Invocation: The invocation was delivered by Mayor Feliu.
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21 C. Pledge of Allegiance:
22 The Pledge of Allegiance was recited in unison.
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24 D. Presentations(s)
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26 1) Special Recognition. for former employee, Adriana Hussein
27 2) Special Recognition for former employee, Eileen Whilton
28 3) Proclamation for longtime Parade of the Elves organizer
29 Barbara Acker
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31 The Mayor, Vice Mayor and Commissioners presented a special
32 recognition to Ms. Hussein, consisting of a hand - painted
33 decorative plate. Ms. Whilton was absent since she is retired and
34 has moved out of the State.
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36 The Commission also presented a proclamation to Ms. Acker
37 who has been a longtime activist in the City.
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39 4) Officer of the Month, November, 2006: Officer Joe Mendez
40 5) Officer of the Month, December, 2006: Officer Henry
41 Guzman
42 6) 2006 Officer of the Year, Detective Richard Munoz
43 7) Chief's Award: Officer Michael Weissberg
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REGULAR CITY COMMISSION 1
MINUTES - February 6, 2007
1 Chief Landis presented awards to the above -named police
2 officers for their numerous accomplishments. The award for Det.
3 Mun6z was accepted by his son.
4
5
6 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
7
8
9 1. Approval of Minutes
10
11 a) Minutes of January 18, 2007
12
13 Moved by Vice Mayor Wiscombe, seconded by Commissioner
14 Palmer, the motion to approve: the minutes of January 18, 2007
15 passed by a 5 -0 vote:
16
17 Commissioner Palmer: Yea
18 Commissioner Birts: Yea
19 Commissioner Beckman: Yea
20 Vice Mayor Wiscombe: Yea
21 Mayor Feliu: Yea
22
23 b) Minutes of January 23, 2007
24
25 Moved by Commissioner Palmer, seconded by Commissioner
26 Beckman, the motion to approve the minutes of January 23, 2007
27 passed by a 5 -0 vote:
28
29 Commissioner Palmer: Yea
30 Commissioner Birts: Yea
31 Commissioner Beckman: Yea
32 Vice Mayor Wiscombe: Yea
33 Mayor Feliu: Yea
34
35
36 2. City Manager's Report
37
38 • The new Finance Director, Eliza Rassi was introduced.
39 • The next Employee Manual Workshop was scheduled for
40 Wednesday, February 21, 2007 at 6:00 p.m.
41 • Three quotes were presented with regard to the forensic
42 audit. A resolution will be brought forward for an RFP.
43 • On the Five -Year Capital Improvement Plan Draft,
44 Assistant City Manager Balogun said that- he will be
45 asking the Commission for their input on this project.
46 • On the Ludlam Elementary School Proposed Drop -off
47 Conceptual Design Plan, Mr. Balogun pointed out that
48 the Commission has been presented with four different
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alternative conceptual designs, on which he will also
be looking for input and comments from the Commission.
• On the Field. Light at Murray Park, Mr. Balogun
explained that the design by the consultant has been
presented to the Commission. The estimated cost,
according to the engineer's opinion will be $50,000 and
it does not include the fixtures. He said that we are
currently in the construction bid process, and within
the next couple of meetings the report for
consideration for funding will be presented to the
Commission.
• Miami -Dade County's Proposed Improvement to SW 57th
Avenue: Various traffic issues were brought up at this
point by the Commission with regard to the County's
proposed improvement to 57th Avenue. Vice Mayor
Wiscombe said that he would like to see the County's
conceptual design, including any streetscape.
Commissioner Palmer then referred to traffic problems
in the morning and in the afternoon on 57th Avenue,
north of US1 by the Methodist Church.
• Update on Pension Qualifying: (this was postponed while
they waited for pension attorney Ken Harrison to
arrive).
In response to Commissioner Palmer's
Inspection Station, Assistant City Manager
a report from the Planning Department
options was presented to the Commission
ago; the recommendations presented op
facility.
inquiry regarding the
Balogun explained that
recommending several
approximately a month
tions for a parking
With regard to Commissioner Palmer's question related to the
acquisition of the Dison. property, and a certain condition for
that sale on the part of 'the owner, Mr. McKinley said that she
would research the Dison property file in order to clarify that
issue.
With no further comments,.
concluded.
2. City Attorney's Report
the City Manager's Report
Counsel Figueredo addressed some concerns regarding an
unfunded annuity and the amount of money that would cost the City
if we were not responding in an expeditious fashion in terms of
purchasing the annuity. He said that upon a research conducted by
his office, they have received three bids; to fund the annuity
today would cost approximately $112,000, while three years ago,
to fund that annuity would had cost the City 103,000. Therefore,
the increase does not represent an enormous amount of money as it
REGULAR CITY COMMISSION 3
MINUTES - February 6, 2007
1 has been perceived. Consequently, he said that based on his
2 findings, and taking into consideration that the increased amount
3 would not be as exorbitant as he previously thought it would be,
4 his recommendation at this time would be not to go into the
5 reserve account because we typically use that for emergencies.
6 He said that his recommendation would be to fund the annuity
7 during the next budget cycle.
8
9 Vice Mayor Wiscombe recalled that a direction was given to
10 the administration by the Commission to fund the annuity, as
11 reflected in the minutes of August 19, 2003; it was then supposed
12 to comeback to the Commission in the form of a resolution at the
13 next Commission meeting and it never happened.
14
15 Mayor Feliu said to make sure that we have this on our
16 calendars so that it may be included in our next year's budget.
17
18 Mayor Feliu then referred to the acquisition of the Dison
19 property. Counsel Figueredo explained that there is a trust for
20 public land that assists municipalities in acquiring properties.
21 He said that he and the City Manager met with the trust to
22 explore ways in which the trust could acquire the land on behalf
23 of the City; it would help the City apply for grants and
24 essentially hold on to that property until the City is prepared
25 to purchase it to make sure that the property is not purchased by
26 a private sector. The trust will be making a formal presentation
27 at a later City Commission meeting.
28
29 With regard to the Dison property, Commissioner Palmer asked
30 the City Attorney to look for the condition that she believes
31 that was imposed by the owner.
32
33 Mayor Feliu said that the condition that Commissioner Palmer
34 is referring he believes to be with regard to naming the park,
35 and that if that is the case, he believes that this would be a
36 minimal condition.
37
38 With no further comments, the City Attorney's Report
39 concluded.
40
41 Moved by Mayor Feliu, seconded by Commissioner Palmer, the
42 motion to move out of order item no. 15 on the agenda, passed by
43 a 5 -0 vote:
44
45 Commissioner Palmer: Yea
46 Commissioner Birts: Yea
47 Commissioner Beckman: Yea
48 Vice Mayor Wiscombe: Yea
49 Mayor Feliu: Yea
50
51
REGULAR CITY COMMISSION 4
MINUTES - February 6, 2007
1 RESOLUTION (S)1PUBLIC HEARING (S)
4 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
6 PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE
7 FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
8 PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN
9 DISTRICT OVERLAY) ;BONING DISTRICT TO PERMIT SPECIAL
10 EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.1OB, 20 -7.11 IN
11 ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
12 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT
13 COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT
14 COVERAGE ON SW 74' STREET; (2) ALLOW A BUILDING TO
15 EXCEED THE MAXIMUM PERMITTED BUILDING. SQUARE FOOTAGE OF
16 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED
17 ON SW'59' COURT WHICH LOCATION IS NOT SHOWN ON THE
18 HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY
19 GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY
20 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
21 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5
22 (Deferred 12119106; 01109107; 01118107)
23 (City Manager)
24
25 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the
26 motion to defer this item passed by a 5 -0 vote:
27
28 Commissioner Palmer: Yea
29 Commissioner Birts: Yea
30 Commissioner Beckman: Yea
31 Vice Mayor Wiscombe: Yea
32 Mayor Feliu: Yea
33
34
35 At this time Commissioner Beckman said that he is working at
36 getting a program together for the Town Center, as per the
37, request from the Commission. He said that there are all kinds of
38 studies going on in the City: we will be finishing the EAR
39 Report; updating the Comp Plan; we are working on rewriting the
40 LDC; we received the Five -Year Capital Improvement Plan, and some
41 of those projects are in the Town Center; therefore, what is
42 missing, he continued, is something that ties all of that
43 together to the Town Center.. He indicated that he will be
44 conducting mini presentations during the presentation portion of
45 upcoming City Commission meetings.
46
47 Mayor Feliu at this time referred to the City's upcoming
48 80t�' birthday and asked Commissioner Birts to take the lead on a
49 "Happy Birthday South Miami Celebration." Commissioner Birts said
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that she will be talking about it later on when she gets more
organized.
PUBLIC REMARKS
Tim Merker referred to the existing traffic problems, adding
that people are constantly violating signals.
John E. Smith referred to the plans for the downtown
development and its impact on the streets. He said to be
important to meet with the County and the City of Coral Gables
and to put our vision forward.
Brad Cassel referred to the cost of the annuity earlier
discussed by the City Attorney. He then talked about the need for
a forensic audit.
David Valentine referred to the problems of turning left on
US1. He then referred to a trailer parked behind the Hospital on
74th Street and asked if the City charges rent for it.
Shirley Huebner asked the Commission for reconsideration of
the deferred item no 15 on the agenda so that it could be
deferred for a longer period of time, and also to reopen it for
public hearing.
Mayor Feliu stated that he intends allowing to speak those
that have not had the opportunity to do so when a public hearing
was duly advertised.
About advertising requirements with regard to item no. 15,
Counsel Figueredo explained that when an item has been deferred
after having been properly advertised, it is not required to be
re- advertised. He said that the hearing was already closed;
however, the Mayor may reopen it if he wishes to do so.
Sharon McCain referred to the Capital Improvement Plan,
saying that the City should not be paying for infrastructure for
the benefit of future developments. She said that cameras
installed at intersections are a good idea to catch motorists
violating traffic signals. She then suggested having a charrette
to discuss the Town Center project.
Cathy McCann about the Hometown Plan urged the Commission to
review it so that they do not need to keep granting special
exceptions.
REGULAR CITY COMMISSION
MINUTES - February 6, 2007
N
1 David Walker urged the Commission to have a forensic audit.
2 He also referred to the Murray Park lighting, and spoked about
3 the problems of getting across US1 in the morning.
4
5 Walter Harris also urged the Commission to do the forensic
6 audit. He then said that the unity of time issue is still vague.
7
8 With no further speakers the public remarks were closed, and
9 the Mayor announced a 5- minute break.
10
11 As the meeting reconvened, Pension Attorney Ken Harrison
12 addressed the Commission. He said that employee contributions
13 were being made to the Plan after taxes were taken out; that is
14 unusual and not the most efficient way to do it. He said that he
15 wants to review the Plan so that we could ask for a determination
16 letter from the IRS to declare us a tax - qualified plan. At that
17 time, the employee contributions would be pre -tax, where both the
18 City and the employee would benefit from it. The problem is that
19 there were certain requirements by the IRS that were not met by
20 the City. He said that he also found the need for some amendments
21 which should be made before requesting that letter of
22 determination from the IRS. He explained that the IRS allows a
23 city that has not met those requirements, to become a late
24 amender, and that there is a fine attached to that. Mr. Harrison
25 said that he will try to minimize that fine as much as he can,
26 given the fact that some amendments were not made when they
27 should. He said that this will come to the Commission in the form
28 of an amendment to the Pension Plan, recommended by the Pension
29 Board. He said that this process is not a very fast one because
30 it requires extensive research.
31
32 In response to Commissioner Palmer's concern about the
33 problems referred by Mr. Harrison, he said that he would be glad
34 to provide the Commission with a list of things that he has
35 identified, the ones that have been resolved, and the ones which
36 they are working on now, and that he will try to prioritize the
37 remaining; however, he pointed out that he works for the Board
38 and they are the ones that do the prioritizing.
39
40 In response to Commissioner Beckman's question on the
41 timeframe to get through the qualification, Mr. Harrison said
42 that the IRS does not move very fast; it took 18 months for him
43 to get a response from his original letter. This is not something
44 that is going to be resolved quickly, he added.
45
46
47
48
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REGULAR CITY COMMISSION 7
MINUTES - February 6, 2007
1 CONSENT
2
3
10 -07 -12395
4
5.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
6
MANAGER TO EXECUTE AMENDMENT 1 TO PROFESSIONAL GENERAL
7
ENGINEERING SERVICES AGREEMENTS WITH' MILIAN SWAIN &
8
ASSOCIATES, INC., H.J. ROSS ASSOCIATES (NOW KNOWN AS TY
9
LIN /HJ ROSS & ASSOCIATES) AND CORZO CASTELLA CARBALLO
10
THOMPSON SALMAN, P.A.; PROVIDING FOR AN EFFECTIVE DATE.
11
3/5
12
(City Manager)
13
14
11- 07- 12396
15
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
16
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
17
MANAGER TO ISSUE A WORK ORDER TO CORZO CASTELLA CARBALLO
18
THOMPSON SALMAN, P.A. (C3TS) FOR FINAL DESIGN AND
19
PREPARATION OF CONSTRUCTION DOCUMENTS FOR SUNSET DRIVE
20
IMPROVEMENTS IN AN AMOUNT OF $276,000 TO BE CHARGED TO
21
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
22
GRANT ACCOUNT NUMBER 106 -- 1726 - 536 -3450 AND THE CITY'S
23
ACCOUNT NUMBERS 001 -2100- 519 -3171 AND 124- 1730 - 541 -3450;
24
PROVIDING FOR AN EFFECTIVE DATE. 3/5
25
(Deferred 01123107)
26
(City Manager)
27
28
12 -07 -12397
29
7.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
30
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
31
MANAGER TO EXECUTE A FISCAL YEAR (FY) 2007 GRANT
32
AGREEMENT WITH THE MIAMI -DADE COUNTY DEPARTMENT OF HUMAN
33
SERVICES FOR A MAXIMUM AMOUNT OF $33,750 FOR THE AFTER
34
SCHOOL PROGRAMMING AND TUTORING SERVICES; PROVIDING AN
35
EFFECTIVE DATE. 3/5
36
(City Manager)
37
38
13 -07 -12398
39
8.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
40
CITY OF SOUTH MIAMI, FLORIDA, MEMORIALIZING DR. MARTIN
41
LUTHER KING, JR.'S LEGACY AND CONTRIBUTION TO THE
42
SOCIETY WITH A SCULPTURE PLAQUE ON MARTIN LUTHER KING,
43
JR. BOULEVARD IN THE CITY OF SOUTH MIAMI; PROVIDING FOR
44
AN EFFECTIVE DATE. 3/5
45
(Commissioner Birts)
46
REGULAR CITY COMMISSION 8
MINUTES - February 6, 2007
1 Moved by Commissioner Palmer, seconded by Commissioner
2 Birts, the motion to approve the Consent Agenda passed by a 5 -0
3 vote:
4
5 Commissioner Palmer: Yea
6 Commissioner Birts: Yea
7 Commissioner Beckman: Yea
8 Vice Mayor Wiscombe: Yea
9 Mayor Feliu: Yea
10
11
12 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
13
14 03 -•07 -1904
15 9. A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
16 OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM
17 DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT
18 APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES;
19 AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC
20 MANSIONS "; STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO -
21 STORY HOMES FOR THE FIGHT THREE MONTH PERIOD TO COMPLETE
22 THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A
23 WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND
24 CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS;
25 AND EXPANDING THE POWERS OF THE ERPB BY AMENDING
26 SUBSECTION 20- 6.1(C)(3)(f); PROVIDING SEVERABILITY
27 ORDINANCE IN CONFLICT, AND AN; EFFECTIVE DATE. 3/5
28 (Vice Mayor Wiscombe)
29
30 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
31 approve this item.
32
33 Vice Mayor Wiscombe again explained that he is for
34 development but he thinks that it should be done responsibly, and
35 that does not mean compromising the quality of life within the
36 community. We have an obligation up here, he continued, we
37 represent all the people. He said that he wants developers, as
38 well as the residents to be involved in this process. He then
39 proposed the following for the three -month period: Workshops with
40 the Planning Board, the ERPB and the Historic Preservation Board,
41 and finally, the citizens and the developers should come in and
42 give their viewpoints.
43
44 At this time the public hearing was opened.
45
46 Victoria Zamorano spoke with concern against the ordinance.
47
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Hector Fernandez also spoke with certain concern about the
owners' property rights.
Katrina Burkhart spoke in favor of the ordinance.
Cathy McCann spoke in favor and urged the Commission to pass
this ordinance.
Jeanne Knauber spoke with concern about people not being
aware of the ordinance and urged the Commission to make sure that
everybody is properly notified.
Walter Harris spoke in favor of the ordinance.
Michelle Beer said that she understands that people have
rights but that they also have to be sensitive to the community
in which they live. She added that she hopes that three months
are enough to accomplish this.
Diane Jacobs urged the Commission to pass this ordinance.
Tim Merker said that times have changed and that it is
appropriate to have a moratorium to allow for the opportunity to
reflect upon this and see where we want to go from here.
Yvonne Beckman also urged the Commission to pass this
ordinance.
Sharon McCain said that she had taken pictures of big houses
around town for the Commission to see. The Mayor explained that
she could leave the pictures for them to look at them later since
that would take too long and there was a long line of people
waiting to express their views as well.
Brad Cassel said that he would very easily give up his
rights for the next three and even four months if necessary to
come up with some regulations that will prevent people from
building such huge homes.
Charlotte Dison, a member of the Historic Preservation Board
said that the purpose of the moratorium is just for defining a
sense of place. She also urged that during the workshops that we
look at the value of historic preservation.
Bobbi Golden said to be delighted with the idea of the
moratorium and urged the Commission to pass the ordinance.
Renee Joslyn said to be very much in favor of the
moratorium.
REGULAR CITY COMMISSION 10
MINUTES - February 6, 2007
1 Jose Suarez said that the language in the ordinance makes it
2 difficult to enforce it. He also wondered about the legal
3 ramifications. Counsel Figueredo said for clarification with
4 regard to the moratorium that the courts have held that up to a
5 one -year period is permissible.
6
7 Nick Truby said to be in support of the moratorium; he said
8 that he teaches Architecture at South Miami High School; that
9 there are many books on the subject and that people should be
10 educated on it. He said that we need the three months and urged
11 the Commission to approve the ordinance.
12
13 Ray Betancourt spoke against the moratorium. He said that
14 this comes a little late because there are too many of the so
15 called "MacMansions" built already, and that there are a lot of
16 people, such as him, that need to build a second story.
17
18 Danny Montana said -to be in favor of the moratorium but not
19 for longer than three months.
20
21 David Valentine spoke in favor of the moratorium.
22
23 Helen Valentine spoke in favor of the moratorium and the
24 workshops.
25
26 Michael MacFall said that landscaping is an important
27 component of the construction industry.
28
29 Bob Welsh spoke in favor of the moratorium.
30
31 Marice Chael, a member of the Historic Preservation Board
32 spoke in favor of the morat= orium. She said that all great
33 neighborhoods anywhere in the world have a mix of house sizes.
34 She also suggested establishing a systematic implementation of
35 street trees for the City.
36
37 Alberto Jorge spoke against the moratorium.
38
39 Mariana O'Naughten spoke against the moratorium.
40
41 Luis Briones also spoke against the moratorium.
42
43 With no further speakers the public hearing was closed.
44
45 Commissioner Beckman said to be in favor of the three -month
46 moratorium, and that they will have to work very quickly but that
47 three months is plenty of time.
48
49 Commissioner Birts said that she is in favor of the three
50 months; however, she said. to be afraid of the impact of all this
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in the long run because time and circumstances change and also
people's needs.
Mayor Feliu read some suggestions submitted by Planning
Board member Carol Mark on the structure of the proposed
workshops on this subject.
Vice Mayor Wiscombe said that he would be laying out a whole
blueprint of everything for this Commission regarding the
workshops.
With no further comments or discussion, the motion to
approve this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Moved by Commissioner Birts, seconded by Commissioner
Palmer, the motion to extend the meeting until 11:15 p.m. failed
by a 0 -5 vote:
Commissioner Palmer: Nay
Commissioner Birts: Nay
Commissioner Beckman: Nay
Vice Mayor Wiscombe: Nay
Mayor Feliu: Nay
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,, FLORIDA, RELATING TO CERTIFICATES
OF OCCUPANCY; AMENDING SECTION 20 -5.16 RELATING TO
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
(Deferred 01123107)
(City Manager)
REGULAR CITY COMMISSION
MINUTES - February 6, 2007
12
1 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
2 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CERTIFICATES
3 OF OCCUPANCY; AMENDING SECTION 20 -7.30 AND 20 -8.16
4 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF
5 USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF
6 UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES
7 IN CONFLICT, AND AN EFFECTIVE DATE. 3/5.
8 (Deferred 01123107)
9 (City Manager)
10
11
12 RESOLUTION (S) /PUBLIC HEARING (S)
13
14 12. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
15 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
16 VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT
17 CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003
18 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET
19 IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS
20 REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE,
21 SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE
22 ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO
23 PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING;
24 AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
25 (City Manager)
26
27 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
28 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
29 SECTION 20 -3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR
30 SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO BE CALLED
31 GIGGLE CITY PLAY CAFE IN THE SR (HD -OV) SPECIALTY RETAIL
32 HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY
33 LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE);
34 PROVIDING AN EFFECTIVE DATE. 4/5
35 (City Manager)
36
37 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
38 CITY OF SOUTH MIAMI, RELATING TO A REQUEST FROM HABITAT
39 FOR HUMANITY OF GREATER MIAMI INC PURSUANT TO SECTION
40 20- 5.16(e) OF THE LAND DEVELOPMENT CODE TO ALLOW THE
41 RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006
42 WHICH COMBINED INTO ONE BUILDING SITE THE FOLLOWING
43 PARCELS, LOTS 77 & 78 LESS NORTH 5 FT. OF LOT 78 & LESS
44 EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60' AVENUE)
45 AND THE EAST 1 /2 OF LOT 79, (6016 SW 63rd STREET) BLOCK
46 14, FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT
47 PAGE 34, PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA;
REGULAR, CITY COMMISSION 13
MINUTES - February 6, 2007
1 PROVIDING AN EFFECTIVE DATE. 3/5
2 (City Manager)
3
4
5 RESOLUTION (S)
6
7
8 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
9 CITY OF SOUTH MIAMI, FLORIDA, ASKING MIAMI -DADE COUNTY
10 TO CONSIDER INSTALLING TRAFFIC CALMING CIRCLE AT THE
11 INTERSECTION OF SUNSET DRIVE (SW 72' STREET) AND RED
12 ROAD (SW 57TH AVENUE) IN LIEU OF THE EXISTING TRAFFIC
13 SIGNAL AT THE INTERSECTION; PROVIDING FOR AN EFFECTIVE
14 DATE. 3/5
15 (Mayor Feliu)
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19 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
20 (NONE)
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23 ORDINANCE (S) FIRST READING
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25 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE;
27 AMENDING SECTION 20 -4.7 OF THE CITY'S LAND DEVELOPMENT
28 CODE IN ORDER TO CORRECT THE TITLE TO REFLECT "MINIMUM
29 STANDARDS" FOR ALL CONSTRUCTION AND NOT JUST IDENTIFYING
30 MINIMUM HOUSING STANDARDS; MODIFYING SUBSECTION (C) IN
31 ORDER TO SPECIFICALLY REQUIRE ALL PROPERTIES TO RETAIN
32 STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT
33 THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING
34 RECURRENT PONDING 019 ADJOINING PROPERTIES OR PUBLIC
35 RIGHTS -OF -WAY; AND ELIMINATING SUBSECTION (J) ENTITLED
36 "CERTIFICATE OF OCCUPANCY RELATING TO REHABILITATION
37 AREAS AS NO SUCH CERTIFICATE IS USED IN THE CITY, AND AS
38 REHABILITATION AREA IS NOT DEFINED; PROVIDING FOR
39 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
40 DATE. 3/5
41 (Mayor Feliu)
42
43 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
44 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
45 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI
46 LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL
REGULAR CITY COMMISSION 14
MINUTES - February 6, 2007
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BUILDING LOCATED AT 5800 SUNSET DRIVE AS AN HISTORIC
SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION
OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE
DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
ORDINANCE (S) FIRST READING
(NONE)
COMMISSION REMARKS
There being no further business to come before this Body,
the meeting adjourned at 11:00 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - February 6, 2007
016i
Approved
Horace G. Feliu
Mayor