03-06-07 - Minutes 02-20-071 City of South Miami
2 Regular City Commission Minutes
3 February 20, 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, February 20, 2007, 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 Attorneys Luis Figueredo, City
17 Clerk Maria M. Menendez and City Manager Yvonne Soler - McKinley.
18
19 B. Invocation: The invocation was delivered by Vice Mayor
20 Wiscombe.
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22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentations(s)
26
27 Presentation of Planning Initiative - EAR
28
29 Commissioner Beckman said that this project which was
30 assigned to him by the Commission is an assessment of the Town
31 Center plans. Planning and Zoning Director, Julian Perez, then
32 conducted the presentation, consisting of Project Objectives,
33 Planning Initiatives, and Development & Adoption of the
34 Amendments & Recommendations in the EAR. At the conclusion of the
35 presentation the Commission was afforded time for comments.
36
37 Budget & Finance Committee Report
38
39 The Presentation by the Budget & Finance Committee was
40 deferred to the following regular meeting of the City
41 Commission, March 6, 2007.
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REGULAR CITY COMMISSION 1
MINUTES - February 20, 2007
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ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes of February 6. 2007
Moved by Vice Mayor Wiscombe, seconded by Commissioner
Palmer, the motion to approve the minutes of February 6, 2007
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
b) Minutes of February 8, 2007
Moved by Commissioner Birts, seconded by Vice Mayor
Wiscombe, the motion to approve the minutes of February 8, 2007
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
2. City Manager's Report
• Mr. McKinley thanked Sarah Tompkins, Vice Mayor Wiscombe
and Commissioner Birts for their combined dedication and
hard work in the preparation of the wonderful event that
took place on Saturday (MLK Parade) ; this was also the
kick -off of the upcoming celebration of the City's 80th
Birthday. Pictures of the Parade will be on the website.
• Reminder of the Employee Manual Workshop on Wednesday the
21St.
• Reminder of the Ethics Seminar on Thursday the 22nd
• The van for the senior citizens has arrived. As soon as
we have the insurance, the Commission will be advised of
the ribbon cutting date.
• Reminder of upcoming Dade Days April 16 -18 in Tallahasse
so that arrangements may be made as soon as possible.
REGULAR CITY COMMISSION
MINUTES - February 20, 2007
2
1 Scheduling Tentative Dates for the MacMansions Workshops
2
3 Vice Mayor Wiscombe reminded that the first in a series of
4 workshops of this nature will be taking place Tuesday, February
5 27th at 6:00 p.m. This first workshop will be in conjunction with
6 - the Planning Board. Mr. Perez said that he is working on the
7 structure of the workshops to make sure that they get good, sound
8 technical information from the groups.
9
10 After further comments from the Commission, the City
11 Manager's Report concluded.
12
13 3. City Attorney's Report
14
15 Regarding the YMCA, Mayor Feliu asked what would be the
16 choices on the part of the City regarding those buildings within
17 that property that might need to be condemned. Counsel Figueredo
18 said that he has a meeting scheduled with the YMCA for this
19 Friday and that he would report back at the next City Commission
20 meeting.
21
22 With no further comments, the City Attorney's Report
23 concluded.
24
25
26 RESOLUTION (S) /PUBLIC HEARING (S)
27
28 19 -07 -12404
29 4. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
30 OF SOUTH MIAMI, FLORIDA, RELP,TING TO A REQUEST FOR A
31 VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT
32 CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO,BE 7003
33 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET
34 IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS
35 REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE,
36 SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE
37 ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO
38 PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING;
39 AND PROVIDING FOR AN EFFECTIVE: DATE. 4/5
40 (City Manager)
41
42 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
43 approve this item.
44
45 Mr. Youkilis presented this item.
46
47 Before opening the public hearing Counsel Figueredo asked
48 the Commission to disclose any ex -parte communication.
49
REGULAR CITY COMMISSION 3
MINUTES - February 20, 2007
1 Commissioner Birts said that someone had approached her with
2 just a concern regarding the design of the building not blending
3 with the neighborhood. Commissioner Birts said that the lady is
4 one of her co- workers. She also said that she could still be
5 objective regarding her decision on this request.
6
7 Commissioner Beckman indicated that he disagrees with
8 staff's calculation of building coverage.
9
10 To answer Mayor Feliu's question, Mr. Youkilis referred to
11 the Planning Board minutes of September 25, 2006 showing support
12 and opposition from neighbors of the property.
13
14 At this time speakers were sworn in and the public hearing
15 was opened.
16
17 Maria Gralia, representing the owner., said that there is a
18 hardship here because without this variance the owner will not be
19 able to build at all. She said that both of her clients are
20 dentists; one of them lives in the City just a few blocks away
21 from this property; this is not going to be leased to any other
22 dentist, she added.
23
24 The architect for the project, Norman Blandon addressed the
25 Commission explaining that after looking at many solutions, this
26 was the most viable one in order to accommodate the required
27 parking and at the same time make the building a useful one.
28
29 In response to Commissioner Palmer's concern about the
30 repeated requests for variance, Mr. Youkilis explained that this
31 applicant has not exceeded any dimensional construction standards
32 at all. He said that this is a. substandard lot, and the applicant
33 is proposing a building that will fit perfectly there. If we were
34 considering a smaller building he would still need the same
35 variance.
36
37 Katrina Burkhardt requested clarification on zoning
38 requirements with regard to this property. The Mayor and staff
39 reiterated that the applicant is not asking for any variances
40 regarding the ratio between the footprint of the building and the
41 lot size. The proposed seven parking spaces are also in
42 compliance with the code. Nevertheless, Ms. Burkhardt expressed
43 concern with the fact that a. dental office may create parking
44 overflow.
45
46 David Tucker Sr. cautioned against granting variances.
47
48 Yvonne Beckman said that the owner should make the lot
49 conforming by buying what he needs from adjacent neighbors.
50
REGULAR CITY COMMISSION 4
MINUTES - February 20, 2007
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At this time the public hearing was closed and Ms. Gralia
was afforded time for rebuttal.
Commissioner Beckman said that he finds that there is a
hardship for the lot size and without the variance the property
stays empty. He also said that he finds the building a nice
looking one and good for the area.
Vice Mayor Wiscombe said that this is very similar with what
they have been dealing in the CRA; he said that they are
conforming with what can be built there, and this is a good
project, he added.
Commissioner Palmer said that she cannot practice double
standard and that she needs to be consistent; therefore, she said
that she could not support this.
Commissioner Birts said that this will add to the
neighborhood. There is a hardship and they are not asking for
much.
Mayor Feliu said that there are not too many of these
nonconforming lots in order to set a precedent here. Also, he
said that because the applicant has worked hard to make sure that
the size of the building conforms to the lot size there is not
going to be that much density. What we do need is to make sure
that the parking issue is resolved, and asked the Chief to make
sure that the rules are enforced in the area on that regard.
After some further comments, the motion to approve this item
passed by a 4 -1 vote:
Commissioner Palmer: Nay
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
20 -07 -12405
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 2 0 - 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
(City Manager)
REGULAR CITY COMMISSION
MINUTES - February 20, 2007
5
1 Moved by Mayor Feliu, seconded by Commissioner Palmer to
2 approve this item.
3
4 Mr. Perez presented this item.
5
6 Vice Mayor Wiscombe said that he wants to make sure that
7 deliveries do not take place on Sunset.
8
9 At this time the public hearing was opened.
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11 General Manager Amy Madson representing Giggle City
12 addressed the Commission with details of the services of the
13 proposed establishment.
14
15 Sharon McCain had some concerns about the parking facilities
16 and where the employees will be parking.
17
18 Frank Cuzzocrea expressed concern saying that when it rains
19 and since the third floor is open the water collects in front of
20 the walkways making the floor slippery which could be dangerous
21 for kids walking in that area. Vice Mayor Wiscombe clarified that
22 this is one of the issues that he had brought up to the
23 management of the Shops and that they are chemically treating the
24 floors so that they are more porous to take care of this problem.
25
26 With no further speakers the public hearing was closed.
27
28 After some further comments, the motion to approve this item
29 passed by a 5 -0 vote:
30
31 Commissioner Palmer: Yea
32 Commissioner Birts: Yea
33 Commissioner Beckman: Yea
34 Vice Mayor Wiscombe: Yea
35 Mayor Feliu: Yea
36
37 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the
38 motion to take item no. 21 on the agenda (now no. 6) out of order
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
46
47
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49
50
REGULAR CITY COMMISSION 6
MINUTES - February 20, 2007
1 RESOLUTION (S)
2 (CONT'D)
3
4
5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
7 PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE
8 FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
9 PROJECT IN THE "SR(HD -OV)" SPECIALITY RETAIL (HOMETOWN
10 DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL
11 EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN
12 ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
13 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT
14 COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT
15 COVERAGE ON SW 74' STREET (2) ALLOW A BUILDING TO
16 EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF
17 20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED
18 ON SW 59' COURT WHICH LOCATION IS NOT SHOWN ON THE
19 HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY
20 GENERALLY LOCATED AT 5966--70 SOUTH DIXIE HIGHWAY
21 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
22 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5
23 (Deferred 12119106; 01109107, 01118107; 02106107)
24 (City Manager)
25
26 Moved by Mayor Feliu, seconded by Commissioner Palmer to
27 defer this item.
28
29 In response to Commissioner Beckman's question, Mayor Feliu
30 said that the reason for deferring this item is that there is a
31 lot of information that needs to be given to those residents in
32 the area; those that are affected and those that have concerns.
33
34 After some further comments, the motion to defer this item
35 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 21 -07- 12406
45 7. A RESOLUTION OF THE MAYOR A19D CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, RELATING TO A REQUEST FROM HABITAT
47 FOR HUMANITY OF GREATER, MIAMI INC PURSUANT TO SECTION
48 20- 5.16(e) OF THE LAND DEVELOPMENT CODE TO ALLOW THE
REGULAR CITY COMMISSION 7
MINUTES - February 20, 2007
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RELEASE OF A UNITY OF TITLE EXECUTED ON MARCH 20, 2006
WHICH COMBINED INTO ONE BUILDING SITE THE FOLLOWING
PARCELS, LOTS 77 & 78 LESS NORTH 5 FT. OF LOT 78 & LESS
EXT . AREA OF CURVE IN NE CORNER, ( 6350 SW 60' 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
(City Manager)
Moved by Commissioner Palmer, seconded by Vice Mayor
Wiscombe to approve this item.
Mr. Youkilis presented the item.
Commissioner Beckman indicated that lot 78 and half of lot
79 need to stay together as one building site.
After some further comments, 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
At this time the Mayor announced a five- minute break.
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
04 -07 -1905
8. 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)
Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
approve this item.
REGULAR CITY COMMISSION
MINUTES - February 20, 2007
1 Counselor Figueredo said that this is just another vehicle
2 that will give this Commission the ability to impose additional
3 conditions when examining development projects. The declaration
4 is recorded and runs with the land; therefore, a subsequent
5 purchaser will also be on notice of the requirements. He said
6 that he met with residents to convey to them that this could not
7 be used to circumvent the intent of the code.
8
9 At this time the public hearing was opened.
10
11 Brad Cassel presented the proposed amendments to the
12 ordinance as the result of meetings between residents and
13 counsel.
14
15 Yvonne Beckman said that a strict enforcement system should
16 be included with these covenants so that they could be re-
17 evaluated every two years because enforcement is very important.
18
19 Mayor Feliu said that any covenant does have to be checked
20 to make sure that parties adhere to what they have agreed upon.
21
22 Sharon McCain requested that it will read "in all
23 residential districts."
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25 Cathy McCann said to be in favor of the proposed changes.
26 She then asked for clarification as to the difference between the
27 unity of title and the declaration. of restrictive covenant.
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29 Counsel Figueredo explained that a unity of title only
30 addresses one issue, and that is that the two properties that are
31 being put together cannot be separated. The deed restriction is
32 more comprehensive and can do more by imposing restrictions. In
33 neither case they can be released unless there is a hearing.
34
35 Michael Lender said that in his experience it is the
36 developer who imposes the deed restrictions, so he asked for
37 clarification as to why it is not the developer who is doing it.
38
39 Counsel Figueredo said that what the deed restriction would
40 do is satisfy the city when they are looking at a project; that
41 the project is well thought out; and that the city is comfortable
42 with the fact that all the things that are necessary are provided
43 for and recorded. He said that no developer would volunteer to
44 impose restrictions on his own property.
45
46 With no further speakers the public hearing was closed.
47
48 Commissioner Palmer said that she has been reviewing this
49 but that she still feels that there are a lot of unanswered
50 questions. She said that she does not feel comfortable with this
51 new procedure and would not support it.
REGULAR CITY COMMISSION 9
MINUTES - February 20, 2007
1
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On the proposed amendments the following motions were made:
3
4
1) Moved by Vice Mayor Wiscombe, seconded
by Mayor Feliu, to
5
amend page 2, lines 21 -23, to delete RS
and include "all
6
residential districts."
7
8
Commissioner Beckman said it would not
make sense to not
9
have it available for residential districts.
Counsel Figueredo
10
said that from a trust standpoint some residents want to make
11
sure that this thing cannot be used in some way to hurt a
12
residential neighborhood.
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After some further comments, the motion
to approve this
15
amendment failed by a 2 -3 vote:
16
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Commissioner Palmer:
Nay
18
Commissioner Birts:
Nay
19
Commissioner Beckman:
Nay
20
Vice Mayor Wiscombe:
Yea
21
Mayor Feliu:
Yea
22
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2) Moved by Mayor Feliu, seconded by Vice
Mayor Wiscombe, to
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amend page 2, lines 21 -23, as written. The motion to approve this
25
amendment failed by a 2 -3 vote:
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Commissioner Palmer:
Nay
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Commissioner Birts:
Nay
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Commissioner Beckman:
Nay
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Vice Mayor Wiscombe:
Yea
31
Mayor Feliu:
Yea
32
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3) Moved by Mayor Feliu, seconded by Vice
Mayor Wiscombe, to
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amend page 3, line 7, "(dD) Recording" as written. The motion to
35
approve this amendment passed by a 4 -1 vote:
36
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Commissioner Palmer:
Nay
38
Commissioner Birts:
Yea
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Commissioner Beckman:
Yea
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Vice Mayor Wiscombe:
Yea
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Mayor Feliu:
Yea
42
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Commissioner Beckman requested a brief
description of the
44
following amendment before making the motion.
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Counsel Figueredo said that the purpose of the deleted
47
language was to make it very clear that
only amendments,
48 modifications and releases can be done by the City Commission,
49 and that the City Attorney only acts as a scrivener.
REGULAR CITY COMMISSION 10
MINUTES - February 20, 2007
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4) Moved by Mayor Feliu., seconded by Vice Mayor Wiscombe, to
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amend page 5, lines 23 -36 as written. The motion to approve this
4
amendment passed by a 4 -1 vote:
5
6
Commissioner Palmer:
Nay
7
Commissioner Birts:
Yea
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Commissioner Beckman:
Yea
9
Vice Mayor Wiscombe:
Yea
10
Mayor Feliu:
Yea
11
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Before making the following motion, Counsel Figueredo
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explained that the ordinance speaks for
itself; however, he
14
spelled it out to make it very clear
that we cannot use
15
declarations to get rezoning, variances or
special exceptions.
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Commissioner Beckman questioned the
necessity for this
18
amendment since sometimes the more words you add the less clear
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it becomes.
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5) Moved by Mayor Feliu, to amend page 6, lines 21 -25, as
22
written. Seconded by Vice Mayor Wiscombe,
the motion to approve
23
this amendment failed by a 2 -3 vote:
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Commissioner Palmer:
Nay
26
Commissioner Birts:
Nay
27
Commissioner Beckman:
Nay
28
Vice Mayor Wiscombe:
Yea
29
Mayor Feliu:
Yea
30
31
At this juncture Commissioner Beckman
proposed an amendment
32
to the ordinance as follows:
33
34
Moved by Commissioner Beckman, to amend
page 3, lines 1 -2:
35
"(eC) Approval Once A a Unity of Title
or a Declaration of
36
Restrictions in Lieu of Unity of Title has
been approved by the
37
City Commission, it shall be subject to
approval by the City
38
Attorney as to form and content. "I Seconded by Mayor Feliu, the
39
motion to approve this amendment passed by a 5 -0 vote:
40
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Commissioner Palmer:
Yea
42
Commissioner Birts:
Yea
43
Commissioner Beckman:
Yea
44
Vice Mayor Wiscombe:
Yea
45
Mayor Feliu:
Yea
46
47
With no further comments or discussion,
the motion to
48 approve this item as a whole and as amended passed by a 4 -1 vote:
49
REGULAR CITY COMMISSION 1 1
MINUTES - February 20, 2007
1 Commissioner Palmer: Nay
2 Commissioner Birts: Yea
3 Commissioner Beckman: Yea
4 Vice Mayor Wiscombe: Yea
5 Mayor Feliu: Yea
6
7
8 05 -07 -1906
9 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
10 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
11 DEVELOPMENT CODE; AMENDING SECTIONS 20 -7.30 AND 20 -8.16
12 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF
13 USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF
14 UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES
15 IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
16 (Defexxed 01123107)
17 (City Manager)
18
19 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
20 approve this item.
21
22 Counsel Figueredo explained that this is a "companion" item.
23 Now that the unity of title and the declaration in lieu of unity
24 of title has been approved, we have to make the amendments
25 throughout the code and these are the specific sections.
26
27 The public hearing was opened and closed with no speakers.
28
29 With no comments or discussion, the motion to approve this
30 item passed by a 4 -1 vote:
31
32 Commissioner Palmer: Nay
33 Commissioner Birts: Yea
34 Commissioner Beckman: Yea
35 Vice Mayor Wiscombe: Yea
36 Mayor Feliu: Yea
37
38
39 RESOLUTION (S)
40
41 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
42 CITY OF SOUTH MIAMI, FLORIDA, ASKING MIAMI -DADE COUNTY
43 TO CONSIDER INSTALLING TRAFFIC CALMING CIRCLE AT THE
44 INTERSECTION OF SUNSET DRIVE (SW 72ND STREET) AND RED
45 ROAD (SW 57TH AVENUE) IN LIEU OF THE EXISTING TRAFFIC
46 SIGNAL AT THE INTERSECTION; PROVIDING FOR AN EFFECTIVE
47 DATE. 3/5
48 (Mayor Feliu)
REGULAR CITY COMMISSION 12
MINUTES - February 20, 2007
1
2 Moved by Mayor Feliu, seconded by Commissioner Beckman to
3 approve this item.
4
5 Mayor Feliu said that he sponsored this resolution because
6 he wanted to see some major improvements at this particular
7 intersection; however, he said that he realizes that they need to
8 get consensus from our neighbor which is the City of Coral
9 Gables, as well as with our residents and business owners, along
10 with the County to see what is the best solution for that
11 intersection. For these reasons he proposed to table this item.
12
13 Commissioner Beckman said that they should give directions
14 to the City Manager to initiate a process because we need to have
15 a group effort to come up with some conceptual design for the
16 intersection. Mayor Feliu then directed staff to initiate this
17 process.
18
19 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the
20 motion to table this item passed by a 5 -0 vote:
21
22 Commissioner Palmer: Yea
23 Commissioner Birts: Yea
24 Commissioner Beckman: Yea
25 Vice Mayor Wiscombe: Yea
26 Mayor Feliu: Yea
27
28
29 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
30 (NONE)
31
32
33
34 ORDINANCE (S) FIRST,READING
35
36 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
37 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE;
38 AMENDING SECTION 20 -4.7 OF THE CITY'S LAND DEVELOPMENT
39 CODE IN ORDER TO CORRECT THE TITLE TO REFLECT "MINIMUM
40 STANDARDS" FOR ALL CONSTRUCTION AND NOT JUST IDENTIFYING
41 MINIMUM HOUSING STANDARDS; MODIFYING SUBSECTION (C) IN
42 ORDER TO SPECIFICALLY REQUIRE ALL PROPERTIES TO RETAIN
43 STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT
44 THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING
45 RECURRENT PONDING ON ADJOINING PROPERTIES OR PUBLIC
46 RIGHTS -OF -WAY; AND ELIMINATING SUBSECTION (J) ENTITLED
47 "CERTIFICATE OF OCCUPANCY RELATING TO REHABILITATION
48 AREAS AS NO SUCH CERTIFICATE IS USED IN THE CITY, AND AS
REGULAR CITY COMMISSION 13
MINUTES - February 20, 2007
1 REHABILITATION AREA IS NOT DEFINED; PROVIDING FOR
2 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
3 DATE. 3/5
4 (Mayor Feliu)
5
6 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe and
7 Commissioner Palmer to approve this item.
8
9 Mayor Feliu said that he sponsored this basically to clarify
10 the language and to provide better understanding and criteria for
11 the drainage requirements which were approved at the last City
12 Commission meeting.
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14 Commissioner Palmer said to have a concern with the language
15 with regard to remodeling.. Mr. Youkilis explained that the
16 proposed language will strengthen the pertinent section in the
17 Land Development Code with regard to runoff water. He also
18 explained the reason for the concerns of the Planning Board
19 relating to the wording on page 2, line 30 of the ordinance,
20 recommending that the language be modified. Recommendations from
21 staff for modification of the language were outlined on page 2 of
22 the staff's report.
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24 Commissioner Beckman said that removing the word remodeling
25 might be a good idea; however, removing the word additions might
26 not be a good idea. He also said that it might be a good idea to
27 insert the wording "excessively" to the public rights -of -way
28 (page 2, line 26).
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30 Mayor Feliu said that this is just the first reading of the
31 ordinance and perhaps we can look into other municipalities and
32 see how they have handled this issue with the drainage.
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34 Then Commissioner Beckman asked staff to come up with a
35 series of alternative language as per the discussions the
36 Commission has.held tonight.
37
38 With no further comments or discussion, the motion to
39 approve this item 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
46
47
48 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
49 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
50 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI
REGULAR CITY COMMISSION 14
MINUTES - February 20, 2007
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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)
Moved by Commissioner Palmer, seconded by Vice Mayor
Wiscombe to approve this item.
Mr. Youkilis presented this item.
Mayor Feliu commended the Historic Preservation Board for
designating this building as historic.
After some further comments, 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 Beckman, seconded by Commissioner
Birts, the motion to extend the meeting until 11:15 p.m. passed
by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
PUBLIC REMARKS
David Tucker Sr. addressed the Commission about our nation's
history.
Brad Cassel referred to item no. 22 on the agenda saying
that it represents a big change to the code of ethics. He
suggested providing all boards and committees members with copy
of the proposed ordinance and existing code of ethics for their
opinion. And then, set up a workshop for the board members that
will be affected by the ordinance. He asked that this be done .
before considering the proposed ordinance.
REGULAR CITY COMMISSION 15
MINUTES - February 20, 2007
1 Sharon McCain spoke against calling special meetings of the
2 City Commission in the morning. She then referred to various
3 properties that are up for sale on 62nd Avenue and asked if the
4 City is looking to get a PUD for South Miami Hospital.
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6 Yvonne Beckman referred to the EAR presentation and said
7 that she found it somewhat confusing. With regard to the Heath
8 Facilities Authority she said that the City was supposed to get
9 $245,000 and that she wants to know where that money went. She
10 then referred to the roundabouts being installed throughout the
11 City.
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13 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the
14 motion to extend the meeting until 11:30 p.m. passed by a 5 -0
15 vote:
16
17 Commissioner Palmer: Yea
18 Commissioner Birts: Yea
19 Commissioner Beckman: Yea
20 Vice Mayor Wiscombe: Yea
21 Mayor Feliu: Yea
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24 Frank Cuzzocrea expressed concern about the fact that the
25 public remarks have been moved for the past couple of meetings.
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27 Vice Mayor Wiscombe explained that we are just following
28 Robert's Rules of Order.
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30 Cathy McCann asked as to where cable complaints can be sent.
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32 Mr. Balogun explained that all the information is on Channel
33 77; the email that the City has created for this purpose as well
34 as the phone number: 305 - 663 -6338. All complaints are being
35 forwarded to the cable company.
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37 With no further speakers the public remarks were closed.
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39 At this time item no. 14 (now no. 21) was pulled from the
40 consent agenda by Commissioner Palmer.
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44 22 -07 -12407
45 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
47 MANAGER TO EXECUTE FISCAL YEAR 2007 GRANT AGREEMENT WITH
48 MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC
REGULAR CITY COMMISSION 16
MINUTES - February 20, 2007
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DEVELOPMENT (OCED) FOR THE CHURCH STREET IMPROVEMENTS
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PHASE IV; PROVIDING FOR AN EFFECTIVE DATE. 3/5
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(City Manager)
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23 -07 -12408
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14.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
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MANAGER TO EXECUTE FISCAL YEAR 2007 GRANT AGREEMENT WITH
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MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC
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DEVELOPMENT (OCED) FOR EMERGENCY GENERATOR FOR THE
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GIBSON - BETHEL COMMUNITY CENTER; PROVIDING FOR AN
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EFFECTIVE DATE. 3/5
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(City Manager)
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24 -07 -12409
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15.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE FINANCE
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DIRECTOR ELIZA B. RASSI SIGNATORY IN CITY BANK ACCOUNTS;
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PROVIDING FOR AN EFFECTIVE DATE. 3/5
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(City Manager)
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25 -07 -12410
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16.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA, URGING THE MEMBERS OF THE
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FLORIDA LEGISLATURE TO SUPPORT THE FLORIDA LEAGUE OF
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CITIES' LEGISLATIVE ISSUES DURING THE 2007 LEGISLATIVE
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SESSION; PROVIDING FOR AN EFFECTIVE DATE. 3/5
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(Mayor Feliu and Commissioner Birts)
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26 -07 -12411
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17.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
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MANAGER TO DISBURSE $1,530.00 FROM THE POLICE
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DEPARTMENT'S STATE FORFEITURE FUND; TRAVEL, PER DIEM &
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CONFERENCE; ACCOUNT # 608 -1910- 521 -4070; FOR SPECIALIZED
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NARCOTICS TRAINING WITH THE DRUG ENFORCEMENT
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ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE. 3/5
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(City Manager)
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27 -07 -12412
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18.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
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MANAGER TO ENTER INTO A TWO YEAR LEASE AND MAINTENANCE
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CONTRACT FOR TWO POLICE MOTORCYCLES WITH PETERSON'S
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HARLEY DAVIDSON OF MIAMI; DISBURSEMENT OF FUNDS ($800.00
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PER MONTH FOR 2 MOTORCYCLES) FROM ACCOUNT # 001 -1910-
REGULAR CITY COMMISSION 17
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521 -4450, PURCHASE /LEASE POLICE VEHICLES; PROVIDING FOR
AN EFFECTIVE DATE. 3/5
(City Manager)
28 -07 -12413
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
(City Attorney)
29 -07 -12414
20. THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE 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
NO.: 001 - 1500 - 514 -3454 'LITIGA.TION RESERVE, PROVIDING AN
EFFECTIVE DATE. 3/5
(City Attorney)
Moved by Vice Mayor Wiscombe, seconded by and Commissioner
Birts, the motion to approve the consent agenda passed by a 5 -0
vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
RESOLUTION (S)
(CONTID)
30 -07- 3.2415
21. 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
(City Manager)
REGULAR CITY COMMISSION
MINUTES - February 20, 2007
i
1 Moved by Commissioner Palmer, seconded by Vice Mayor
2 Wiscombe and Commissioner Birts to approve this item.
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4 Commissioner Palmer said that she pulled this item because
5 it did not have enough backup. She also asked how often the
6 building is painted.
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8 Mr. Balogun explained that staff never submits backup when
9 it comes to service maintenance. However, records are checked
10 from qualified contractors and they are required to get a permit.
11 As for construction contracts, we do have packages that are
12 submitted to the Commission. The maintenance of City Hall has
13 been planned for the past 3 -4 years and it has been postponed; it
14 started with the Chamber which was painted, new shades were
15 installed, new carpeting, etc. From the records that we have, he
16 continued, the exterior and common areas have not been painted in
17 over 12 years. This was discussed during the budget process, and
18 it was listed as a line item that must be accomplished.
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20 With no further comments or discussion, the motion to
21 approve this item passed by a 5 -0 vote:
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23 Commissioner Palmer: Yea
24 Commissioner Birts: Yea
25 Commissioner Beckman: Yea
26 Vice Mayor Wiscombe: Yea
27 Mayor Feliu: Yea
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29 ORDINANCE (S) FIRST READING PUBLIC NEARING S)
30 (NONE)
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33 UNFINISHED BUSINESS
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36 ORDINANCE (S) FIRST READING
37 (CONT'D)
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39 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
40 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATING
41 SECTION 8A OF THE CITY'S CODE OF ORDINANCES ENTITLED
42 "CODE OF ETHICS" TO INCLUDE SECTION 8A -2, WHICH SECTION
43 SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL PUBLIC
44 OFFICIALS "; PROVIDING FOR SEVERABILITY, ORDINANCES IN
45 CONFLICT, AND AN EFFECTIVE DATE. 3/5
46 (Mayor Feliu and Commissioner Beckman)
47
REGULAR CITY COMMISSION 19
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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 - February 20, 2007
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Approved
Horace G. Feliu
Mayor