04-03-07 - Minutes 03-20-07l_ City of South Miami
2 Regular City Commission Minutes
3 March 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, March -20, 2007, beginning at 7:08
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 Attorney Luis Figueredo, City
17 Clerk Maria M. Menendez and City Manager Yvonne Soler- McKinley.
18
19 B. Invocation: The invocation was delivered by Mayor Feliu.
20
21 C. Pledge of Allegiance:
22 The Pledge of Allegiance was recited in unison.
23
24 D Presentations(s)
25
26
27 American Cancer Society
28
29 This presentation was cancelled for lack of representation.
30
31 Commission for Women
32
33 This presentation was cancelled for Tack of representation.
34
35 Review of Infrastructure Initiative - Assessment of the Town
36 Center Plans
37
38 This presentation was conducted by Mr. Balogun, with a
39 detailed, outlined improvement plan for the Hometown Overlay and
40 TODD Districts.
41
42 At the conclusion of the presentation, the Commission was
43 afforded time for questions and comments:
44
REGULAR CITY COMMISSION l
MINUTES March 20, 2007
1 • Timeframe for the completion of improvements is within
2 the five-year plan because all projects are not funded
3 yet;
4 • Whether the intersection of Sunset Drive and US1 is
5 being considered for improvement: A request has been
6 brought to the attention of the State; will try to
7 provide an answer to the Commission in the near future;
8 • Status of proposed ,pedestrian bridge: This is also a
9 County's project, and they are currently at the
10 environmental phase; staff will continue to 'follow up
11 on this issue;
12 • Mr. Balogun informed on status of watermain
13 improvement;
14 • The need for installation of crosswalks at main City's`
15 intersections and 1[JS1 was discussed. Commission wants
16 to meet with County to discuss this issue._
17
18 After some further comments the presentations concluded.
19
20
21 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
22
23
24 1. Approval of Minutes
25
26 Minutes of March 6, 2007
27
28
29 Moved by Vice Mayor Wiscombe, seconded by Commissioner
30 Palmer, the motion to approve the minutes of March 6, 2007 passed
31 by a 5 -0 vote:
32
33 Commissioner Palmer: yea
34 Yea Commissioner Birts: Yea
35 Commissioner Beckman: Yea
36 Vice Mayor Wiscombe: Yea
37 Mayor Feliu: Yea
38
39
40 2. City. Manager's Report
41
42 • The budget for the 80th anniversary party will be presented
43 at the next meeting;
44 • There is 'a scrivener's error on item no. 4: the correct
45 number on the account ends in 3120;
46 • Items no. 9 and 15 to be pulled from the agenda to correct
47 address.
REGULAR CITY COMMISSION 2
MINUTES - March 20, 2007
1 •' On the status for abandoned cars, Code Enforcement Manager
2 Rosa explained that she informs the Police Department since
3 her Department "does not have jurisdiction over this; Ms.
4 McKinley added that the police follows established criteria
5 on this; (Commissioner Birts)
6 • About the dangerous intersection at Red Road and US1 by
7 Kentucky -Fried Chicken where motorists cut through, Mr.
8 Balogun indicated, that this intersection is included in the
9 proposed improvements, with a median installed along that
10 corridor; (Commissioner Palmer)
11 • About citing seniors with overgrown lots, Ms. Rosa indicated
12 that Code Enforcement tries to assist them anyway they
13 possible can; she will try to identify seniors with this
14 type of situation (Commissioner Birts)
15 • About seniors in the community that need help with hurricane
16 assistance with preparation, water, flashlights, etc.; we
17 need to identify them so that they can be helped; (Vice
18 Mayor Wiscombe)
19 • Status on the distribut =ion center; Ms. McKinley indicated
20 that our Emergency Management has prepared a plan that is in
21 place and ready to be activated as soon as it is needed;
22 (Commissioner Palmer)
23 • About the green cities and the importance to start utilizing
24 _bio fuels as much as possible for a better environment: Mr.
25 Perez indicated that the Planning Department is conducting a
26 research and will comeback with some of the options that we
27 can follow; (Mayor Feliu)
28 • The Kyoto Treaty (Japan), and the Rio Conference (mid 180s.
29 Brazil) on the subject of the environment was briefly
30 discussed (Mayor Feliu)
31
32 Mayor Feliu "then asked the members of the Commission to
33 comeback with suggestions for appointment of members to the
34 Budget and Finance Committee for the fiscal year 2007 -08.
35
36 Ms. McKinley said that staff is closely monitoring the issue
37 of.the proposed property tax reform and that she will be keeping
38 the Commission .up to date. Property tax will happen and we need
39 to be cognizant of that, she added. It seems that the Speaker of
40 the House wants to pass that legislation this year.
41
42 Commissioner Palmer indicated that there are two vacancies
43 on the Affordable Housing Committee and stressed the importance
44 of having them filled.
45
46 Commissioner Birts also announced the need for at least
47 three members to fill vacancies in the Commission for Women. She
48 also announced that we plan to unveil a sculptured plaque
49 memorializing Doctor Martin Luther King Jr., Wednesday, April 4,
REGULAR CITY COMMISSION
MINUTES r March 20, 2007
3
1 2007 at 5:30 p.m. at the intersection of MLK Jr. Boulevard and
2 Church Street.
3
4 Vice Mayor Wiscombe informed that he and Mr. Perez met with
5 the management at the Shops of Sunset Place, and improvements
-6 will be beginning in landscaping as well as painting of the
7 Shops; they also discussed the Shops' participation with many"
8 City activities.
9
10 After further comments from the Commission, the City
11 Manager's Report concluded.
12
13
14 3. City Attorney's Report
15
16 Mayor Feliu referred to complaints residents have of
17 Atlantic Broadband. Counsel Figueredo indicated that Counsel
18 Boutsis is directly dealing with Atlantic as she receives the
19 complaints. Mayor Feliu said that. he has heard nothing but
20 complaints about Atlantic. Counsel Figueredo said that he would
21 look into the contract to see what kind of - representations and
22 warranties they have made and will report back to the Commission
23 with his findings.
24
25 Vice Mayor Wiscombe said that he would like to see a letter
26 drafted to Atlantic for updates on the improvements that they
27 agreed to make.
28
29 With no further comments, the City Attorney's Report
30 concluded.'
31
32 At this juncture Mayor Feliu moved to pull out of order item
33 no. 10 for discussion, moved by Commissioner Birts, the motion to
34 pull the item passed by a 5 -0 vote:
35
36 Commissioner Palmer: yea
37 Yea Commissioner Birts Yea
38 Commissioner Beckman: Yea
39 Vice Mayor Wiscombe; Yea
40 Mayor Feliu: Yea
41
42 Mayor Feliu said that the reason for pulling item no. 10 is
43 because it will be open for public hearing at the next meeting.
44 He said that he met with various residents and one of the things
45 he has agreed with is providing each and every one of the board
46 and committee members a copy of the ordinance so that they may
47 review it and provide input.
48
49 Commissioner Palmer recommended conducting a workshop since
50 the proposed ordinance contains certain provisions that concern
51 her.
REGULAR CITY COMMISSION 4
MINUTES - March 20, 2007
1 ORDINANCE (S) SECOND READING PUBLIC NEARING (S)
2
3
4 4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATING
6 SECTION 8A OF THE CITY'S CODE OF ORDINANCES ENTITLED
7 "CODE OF ETHICS" TO INCLUDE SECTION 8A -2, WHICH SECTION
8 SHALL BE ENTITLED "CODE OF CONDUCT FOR ALL PUBLIC
9 OFFICIALS" PROVIDING FOR SEVERABILITY, ORDINANCES IN
10 CONFLICT, AND AN EFFECTIVE DATE 3/5
11 (Mayor Feliu and Commissioner Beckman)
12
13 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
14 defer this item.
15
16 Commissioner Beckman said that we just had a seminar on
17 ethics and most of what is written in this ordinance pertains to
18 established rules. People need to understand that most of its
19 contents is not negotiable and is what is currently required.
20
21 With some further comments, the motion to defer this item
22 passed by a 5 -0 vote:
23
24 Commissioner Palmer: yea
25 Yea Commissioner Birts: Yea
26 Commissioner Beckman: Yea
27 Vice Mayor Wiscombe: Yea
28 Mayor Feliu: Yea
29
30 Moved by Commissioner Palmer, to have " "a workshop to discuss
31 this item. The motion died for lack of a second.
32
33 At this juncture, Counsel Fgueredo explained that the
34 reason for which he did not introduce the revised ordinance is
35 because at point it makes more sense to wait for input from board
36 members and then submit 'a substitute item. About the sanctions
37 provision, Counsel Figuer_edo referred to the lobbyist ordinance
38 which imposes fines for lobbying without registering. He added
39 that most of the language of concern has been eliminated on the
40 shorter version which was provided to the Commission a week ago.'
41 He then reiterated that he did not introduce the revised version
42 this evening in order to allow for additional comments from
43 members of boards and committees, and then he will incorporate
44 them along with the other citizens' comments.
45
46
47 PUBLIC REMARKS
48
REGULAR CITY COMMISSION rJ
MINUTES - March 20, 2007
l Lee Swerdlin addressed the Commission about an alternative
2 plan for the Town Center. He proposes creating a town square in
3 front of City Hall;' a place for concerts and gatherings; he said
4 that he has some basic ideas that he would 'like to present to the
5 Commission. As part of his plan, he proposes to replace the
6 proposed clock with the existing gazebo at Jean Willis Park.
7
8 Mr. Balogun indicated that we have completed the workshop on
9 the conceptual design, and following the direction of the
10 Commission, we have given notice to proceed on the final design
11 because the funding that we have from grants is limited and also
12 calls for a deadline, and we do not have funding available' to
13 start all over. He also explained that there was never a final
14 approval on the clock:
15
16 By acclamation, Mayor Eeliu directed Mr. Balogun to meet
17 with Mr. Swerdlin and the designer of the original" plan to look
18 into Mr. Swerdl'in's proposal and see if it would be feasible.
19
20 David Tucker Sr'. continued with his series of history
21 passages
22
23 Yvonne Beckman commented on item no. 10 on the agenda. She
24 also requested to have board and committee meeting aired live.
25
26 Sharon McCain also requested to have board and committee
27 meeting aired live.
28
29 John E. Smith commented on the need to seek fundin g for
30 implementation of bicycle facilities; he also said that we need
31 pavers at the intersection of SW 62nd Avenue and US1; and
32 cautioned against the City getting control of its own streets
33
34 Dick Ward referred to Atlantic Broadband saying that a
35 technician had informed him that 400 lines were going through one
36 box instead of the recommended 200 lines.
37
38 Walter Harris also requested, to have board and committee
39 meetings aired live
40
41 With no further speakers the public remarks session was
42 closed.
43
44 At this time item no. 6 was pulled from the Consent Agenda
45 by Commissioner Palmer (now item no. 8)
46
47
48
49
50
REGULAR CITY COMMISSION 6
MINUTES March 20, 2007
.i 431 -U7- 12428
4 5. A RESOLUTION "OF` THE - MAYOR `AND CITY COMMISSION OF THE CITY
5 OF SOUTH MIAMI, FLORIDA RELATING TO A SMCRA BUDGET
6 AMENDMENT; AUTHORIZING A SMCRA BUDGET TRANSFER IN THE
7 AMOUNT OF $25,000 FROM ACCOUNT 'NUMBER`610- 1110 - 551- 2$31-
8 20 (PROFESSIONAL SERVICES /ECONOMIC DEVELOPMENT) , TO
9 ACCOUNT NUMBER 610- 1110 - 572 -99 -30 (OTHER USES /PARK
10 IMPROVEMENTS) WHICH FUNDING SHALL BE UTILIZED AS A -SMCRA
11 FUNDING CONTRIBUTION FOR THE INSTALLATION OF SAFETY
12 LIGHTING AT THE SOUTH MIAMI MURRAY PARK COMPLEX; AND
13 PROVIDING AN EFFECTIVE DATE. 3/5
14 (City Manager)
1.5
16 44• -07 -12429
17 6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
18 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT,
19 IF AWARDED, MONEY THRU THE FLORIDA DEPARTMENT OF LAW
20 ENFORCEMENT FROM THE UNITED STATES DEPARTMENT OF JUSTICE,
21 EDWARD, BYRNE MEMORIAL ASSISTANCE GRANT PROGRAM (JAG) FROM
22 MARCH 1, 2007 THRU AUGUST 31, 2007; IN THE AMOUNT OF
23 $5,565.00 FOR THE PURPOSE OF ENHANCING THE CRIME
24 SUPPRESSION ACTIVITIES FOR THE POLICE _DEPARTMENT;
25 PROVIDING FOR AN EFFECTIVE DATE. 3/5
26
27 (City Manager)
28
29 45 -07 -12430
30 7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE FIVE -YEAR
32 (2006/07 TO 2010/11) CAPITAL IMPROVEMENTS PLAN; PROVIDING
33 FOR AN EFFECTIVE DATE_ 3/5
34 (City Manager)
35
36 46 -07 -12431
37 8 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
38 OF SOUTH MIAMI,_ FLORIDA, RELATING TO ATTORNEYS' FEES;
39 APPROVING' ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO,
40 P.A. IN THE AMOUNT OF $14,031.83; CHARGING $14,031.83 TO
41 ACCOUNT NO. 001- 1500 -514 -3410, LEGAL SERVICES, NON
42 RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5
43 (City Attorney)
44
45 Moved by Vice Mayor Wiscombe, seconded by Commissioner
46 Birts, the motion to approve the Consent Agenda passed by a 5 -0
47 vote:
I
REGULAR CITY COMMISSION
MINUTES March 20, 2007
1 Commissioner Palmer: yea
2 Yea Commissioner Birts: Yea
3 Commissioner Beckman: Yea
4 Vice Mayor Wiscombe: Yea
5 Mayor Feliu: Yea
6
7
8 RESOLUTION (S)
9
10 47 -07 -12432
11 9. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
12 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
13 MANAGER TO ENTER INTO A TWO (2) YEAR VEHICLE RENTAL
14 AGREEMENT WITH ENTERPRISE: RENT -A -CAR FOR RENTAL VEHICLES
15 USED IN UNDERCOVER POLICE OPERATIONS BY THE POLICE
16 DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO DISBURSE
17 UP TO $30,000.00 PER 'YEAR OVER A TWO YEAR PERIOD FROM THE
18 POLICE FEDERAL FORFEITURE RENTAL /LEASE POLICE VEHICLES
19 ACCOUNT #615- 1910- 521 - 44!50; PROVIDING FOR AN EFFECTIVE
20 DATE 3/5
21 (City Manager)
22 Moved by Commissioner Palmer, seconded by Vice Mayor
23 Wiscombe to approve this 'item.
24
25 Commissioner Palmer pulled this item from the Consent Agenda
26 for clarification.
27
28 Lt. 'Bruce Ross explained that they had a dispute with Royal
29 Rent -A -Car over certain charges, and since they could not come to
-30 a resolution of the problem Royal asked the City to return the
31 vehicles; consequently, they went with Enterprise Rent -A -Car,
32 piggybacking from the bid with the City of Miami.
33
34 After further comments, the motion to approve this item
35 passed by a 5 -0 vote;
36
37 Commissioner Palmer: yea
38 Yea Commissioner Birts: Yea
39 Commissioner Beckman: Yea
40 Vice Mayor Wiscombe: Yea
41 Mayor Feliu: Yea
42
43
44
45 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
46 (CONT'D)
47
REGULAR CITY COMMISSION 8
MINUTES - March 20, 2007
1 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
2 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
3 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI
4 LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL
5 BUILDING LOCATED AT 5800 SUNSET DRIVE AS AN HISTORIC
6 SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION
OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE
8 DISTRICT FOR THIS PROPERTY PROVIDING FOR SEVERABILITY;
9 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
10 EFFECTIVE_ DATE. (Deferred 03106107) 3/5
11 (City Manager)
12
13 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the
14 motion to defer this `item with no comments, passed by _ a 5 -0 vote
15
16 Commissioner Palmer: yea
17 Yea Commissioner'Birts: Yea
18 Commissioner Beckman Yea
19 Vice Mayor Wiscombe: Yea
20 Mayor Feliu: Yea
21
22 07=07 -1908
23 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PERMITTED
25 USE SCHEDULE BY AMENDING SECTION 20- 3.3(D) AND SECTION
26 20 -7.12 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER
27 - TO ALLOW A BOWLING ALLEY/ RESTAURANT/ ENTERTAINMENT
28 CENTER AS A PERMITTED USE SPECIAL USE IN THE SR(HD -OV)
29 SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONE
30 DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN
31 CONFLICT,, AND PROVIDING AN EFFECTIVE DATE. 4/5
32 (City Manager)
33
34 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
35 approve this item.
36
37 Mr. Youkilis presented this item. He explained that if
38 anyone of the uses were eliminated the whole use would be
39 eliminated.
40
41 Commissioner Beckman said that the only way that this would
42 work is by making it a special use.
43
44 At this time the Mayor opened the public hearing.
45
46 Lauren Harper, representing Simon Properties Group,
47 introduced attorney Maria Gralia who addressed the Commission
48 regarding the application. Ms. Gralia explained that eighty
REGULAR CITY COMMISSION 9
MINUTES - March 20, 2007 -
1
percent is dedicated to restaurant use, while the bowling alley
2
is just a small component of this major restaurant.
3
4
Regarding the discussion about changing the request from
5
permitted use to special use,, Counsel Figueredo said that in his
6
opinion the ordinance -would not 'require a third hearing, since
7
the change would not be a substantial one because changing it to
8
special use would make it more restrictive.
9
10
In response to Commissioner Palmer's question regarding the
11
difference of special use from permitted use, Mr. Youkilis
12
explained that a special use application requires a public
13
hearing in front of the Planning Board and the City Commission,
14
and conditions can be added, since somehow special uses may be
15
considered' uses that have unusual impact on surrounding
16
neighborhood or properties.
17
18
With some further comments and discussion by the Commission,
19
and with no further speakers, the public hearing was closed.
20
21`
Moved by Commissioner Beckman, seconded by Mayor Feliu, to
22
amend the ordinance by changing this request to "special use."
23
24
With no _further comments and discussion, the motion to
25
approve this item as amended passed by a 5 -0 vote:
26
27"
Commissioner Palmer: yea
28
Yea Commissioner Birts: Yea
29
Commissioner Beckman: _Yea
30
Vice Mayor Wiscombe: Yea
31
Mayor Feliu; Yea
32
33
At this juncture, and as the result of the amendment to
34
the previous item, Counsel Figueredo' recommended that the
35
following item be sent back to the Planning Board so that
36
they may consider the entire project as a Bowling
37
Alley/ Restaurant /Entertainment Center; it will be treated as
38
a new category and the application will require just a minor
39
amendment.
40
41
RESOLUTION (SYPUBLIC HEARING (S)
42
43
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
44
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
45
SECTION 20-3.4(B) (4) (b) OF THE LAND DEVELOPMENT CODE FOR
46
SPECIAL USE APPROVAL TO LOCATE A RESTAURANT TO BE CALLED
47
SPLITSVILLE IN THE "SR (HD -0V)11 SPECIALTY RETAIL HOMETOWN
48
DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT
REGULAR CITY COMMISSION 10
MINUTES - March 20, 2007
1
5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE); PROVIDING AN
2
EFFECTIVE DATE. 4/5'
3
4
(City Manager)
5
6
Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu,
the
7
motion to refer this item back to the Planning Board to
be
8
reviewed as a special use passed by a -5 -0 vote:
9
10
Commissioner Palmer: yea
11-
Yea Commissioner Birts. Yea
12
Commissioner Beckman: Yea
13
Vice Mayor Wiscombe: Yea
14
Mayor!Feldu: Yea
15
16
At this time the Mayor announced a five- minute break.
17
-18
19
4EI -07 -12433
20
13. A RESOLUTION OF THE MAYOR '& CITY COMMISSION OF THE CITY
21
OF SOUTH MIAMI., FLORIDA, RELATING TO A REQUEST FOR A
22
VARIANCE FROM SECTION 20- 3.'5(E) OF THE LAND DEVELOPMENT
23
CODE _IN ORDER TO ALLOW THE CONSTRUCTION OF A ONE STORY
24
SINGLE FAMILY HOME ON PROPERTY LOCATED AT 6016 SW 63
25
STREET, SOUTH MIAMI,' FLORIDA, WITHIN THE "RS -4" SINGLE
26
FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCE
27
REQUESTED IS TO ALLOW 'A REAR SETBACK TO BE 23 FEET 10
28
INCHES WHERE A MINIMUM OF 25 FEET IS REQUIRED; PROVIDING
29
FOR AN EFFECTIVE DATE. 4/5
30
31
(City Manager)
32
33
Moved- by Commissioner Palmer, seconded by Vice Mayor
34
Wiscombe to approve this item.
35
36
Mr. Perez presented this item.-
37
38
At this time speakers were sworn in by Counsel and
the
39
public hearing was opened.
40
41
Jerry Bass, Director_ of Construction for Miami Habitat
was
42
present and available for questions by the Commission.
43
44
Mayor Feliu said that he has always been in support
of
45
Habitat; they do provide affordable housing and is one of
the
46
very few organizations that has demonstrated their willingness
to
47
work with communities and to actually come up with a product,
he
48
added.
49
REGULAR CITY COMMISSION 11
MINUTES - March 20, 2007
1 Commissioner Beckman, expressed concern with the application.
2 He said that variance requests need to be treated consistently
3 regardless of who the applicant is He said that he needs a
4 hardship in order to grant a variance, and the hardship stated in
5 the resolution would not be applicable since this is a compliant
6 lot, meeting all of the dimensional requirements for the
7 district. He said that maybe this should have been taken care of
8 through an administrative waiver in which the criteria is very
9 different.
10
11 Mr. Perez explained that staff evaluated the request based
12 on the plans with which Habitat works, looking into the smallest
13 one possible that could fit into this lot; `however, -the smallest
14 one that they have would not fit into the lot without the
15 variance; the hardship was then based on this situation.
16
17- Commissioner Birts said that she totally agreed with
18 Commissioner Beckman, and that Habitat must have other models.
19
20 Mr. Bass indicated that none of their models would fit on
21 that lot, and that designing a new model would cost them $10,000;
22 he explained that they are not custom builders, and that they are
23 able to pass all of the savings to the homeowners, and be able to
24 build affordable housing because they repeat their models; their
25 architect charges them a very small fee to repeat a model, but to
26 develop anew one would be $1.0,000 and that is unaffordable.
27
28 On the suggestion that they could reduce or eliminate the
29 porch, Mr. Bass indicated that the ERPB has requested the porch.`
30
31 Commissioner Birts reiterated that she concurred with
32 Commissioner Beckman; we have had residents that have come before
33 the Commission who have been turned down because of noncompliant
34 lots.
35
36 Commissioner Palmer said that Habitat has done a lot for the
37 City and a lot of people have benefited from their work. They are
38 not here for any money; they are providing affordable housing
39 because there is a big demand for it. She said that there is a
40 pressing need for this type of housing.
41
42 Counsel Figueredo, in recapping said that Commissioner
43 Beckman is simply saying that there is criteria, and that the
44 Commission has to make a finding that an application meets each
45 and every criteria in order to grant a variance; what the
46 Commissioner is asserting is that the criteria of hardship has
47 not been satisfied and that :Legally we cannot grant the variance
48 because hardship has not been demonstrated. What Habitat is
49 saying is that they will walk from the deal if the variance is
50 not granted. You have a goal in your Comp Plan to build
51 affordable housing, he continued; Habitat is saying that these
REGULAR CITY COMMISSION 12
MINUTES - March 20, 2007
1 properties dimension, even though is compliant under our Code,
2 does not meet their dimensional specifications so they cannot
3 build without the variance.
4
5 Commissioner Beckman. then said, for the record, that if the
6 hardship is that Habitat will build this house with a variance
7 for $103,000, but that they will walk away from the deal if they
8 don't get the variance because it will cost $113,000, he requests
9 that this be 'recorded in the minutes as the reason for this
10 hardship. He said that the argument being made by Habitat is that
11 they need a variance to save $10,000.
12
13 Counsel Figueredo said that it is true that we cannot rely
14 on the financial component; however, the variance that staff is
15 presenting is that we are going to lose affordable housing, and
16 we have no substitute for affordable housing = because our lots,
17 even though they comply under our Code, do not meet Habitat or
18 affordable housing builder's plans," and as such they would have
19 to be customized. So, the hardship that this Commission could
20 choose to find is that we will lose affordable housing because
21 the lots that we have are still, even though compliant,
22 nonconforming for purposes of their design. That is the argument
23 that staff has made.
24
25 Mayor Feliu said that in addition to that, there is really
26 no other _entity that he knows, willing to build as Habitat.
27
28 Vice Mayor Wiscombe said he concurred with Commissioner
29 Palmer; we do have a great need for affordable housing. Non-for-
30 profit organizations have specified models that they work with.
31
32 Commissioner Beckman said that the logical approach on this
33 is not to give a variance when the criteria is not met; the
34 logical approach is to look at the CRA area and conduct a study
35 of the property sizes; then, speak with Habitat to make the
36 necessary adjustments and develop a model that would fit on those
37 lots; this needs to be done only one time for all future
38 construction on those lots.
39
40 Mr. Youkilis said that these lots were given by the CRA to
41 Habitat, and as part of the deed they were directed to build two
42 homes; the lots are dimensionally, unusually shaped (72 x 82), so
43 that is hardship right there, he said. In addition, he said that
44 staff has copies of legislation from around the country showing
45 that in order to encourage affordable housing, zoning codes are
46 being allowed to be waved automatically in order to allow for
47 affordable housing.
48
49 Commissioner Birts said that she wants to make it clear that
50 she is in favor of affordable housing; however, what is good for
51 a nonprofit organization should also be good for our residents.
REGULAR CITY COMMISSION 13
MINUTES -March 20, 2007
1 At 11:00 p.m. Mayor Feliu asked for a motion to extend the
2 meeting; the consensus from the majority of the Commission,
3 except for Mayor Feliu, was to end the meeting at this time.
4
5
hr ) I 4
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13 15.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
14 OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A
is CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20
16 5.19(E)(3) OF THE LAND ]DEVELOPMENT CODE TO PERMIT THE
17 INSTALLATION OF A SIGN ON A COMMERCIAL BUILDING LOCATED'
18 AT 5904 S. DIXIE HIGHWAY A <DESIGNATED HISTORIC SITE
19 (AMSTER PROPERTIES); PROVIDING AN EFFECTIVE DATE. 3/5
20 (A RESOLUTION TO PERMIT THE INSTALLATION OF A SIGN ON A COMMERCIAL BUILDING
21 LOCATED AT 5904 S. DIXIE HIGHWAY A. DESIGNATED HISTORIC SITE)
22 (City Manager)
23
24 16.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 'CITY
25 OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A
26 CERTIFICATE OF APPROPRIA'.rENESS PURSUANT TO SECTION 20-
27 5.19(E)(3) OF THE LAND DEVELOPMENT CODE TO PERMIT THE -
28 INSTALLATION OF A DOOR AT THE REAR OF THE PROPERTY IN A
29 SINGLE FAMILY RESIDENCE LOCATED AT 6251 SW _57 STREET
30 WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT; PROVIDING
31 AN EFFECTIVE DATE. 3/5
32 (A RESOLUTION TO PERMIT THE INSTALLATION OF A DOOR AT THE REAR OF THE
33 PROPERTY LOCATED AT (5251 SW 57 ST WITHIN THE CAMBRIDGE LAWNS HISTORIC
34 DISTRICT)
35 (City - Manager)
36
37 17.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
38 OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A
39 CERTIFICATE OF APPROPRIA'.rENESS PURSUANT TO SECTION 20-
40 5.19(E)(3) OF THE LAND ]DEVELOPMENT CODE TO PERMIT THE
41 INSTALLATION OF A DRIVEWAY CAR CANOPY IN A SINGLE FAMILY
42 RESIDENCE LOCATED AT 6142 SW 56t'' STREET WITHIN THE
43 CAMBRIDGE LAWNS HISTORIC ]DISTRICT PROVIDING AN EFFECTIVE
44 DATE. 3/5
45 (A RESOLUTION TO PERMIT THE INSTALLATION OF A DRIVEWAY CAR CANOPY IN A
46 SINGLE FAMILY RESIDENCE LOCATED AT 6142 SW 56" ST WITHIN THE CAMBRIDGE LAWNS
47 HISTORIC DISTRICT)
48 (City Manager)
49
REGULAR CITY COMMISSION 15
MINUTES - March 20, 2007
1 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
2 (NONE)
3
4
5 ORDINANCE (8) FIRST READING
6
7 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -4 OF THE
9 SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO CREATE
10 SECTION 20-4.12 ENTITLED "REGULATIONS PERMITTING DOGS. IN
11 OUTDOOR SEATING` AREAS OF PUBLIC FOOD SERVICE
12 ESTABLISHMENTS "; PROVIDIN'G FOR SEVERABILITY, ORDINANCES
13 IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
14 (May-or Feliu)
15
16 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
17 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20-4.3
18 SIGN REGULATIONS OF THE SOUTH MIAMI LAND DEVELOPMENT CODE
19 IN ORDER TO REGULATE THE PLACEMENT OF BANNER SIGNS OVER
20 PUBLIC STREETS PROVIDING FOR APPLICATION REQUIREMENTS,
21 DISPLAY LIMITATIONS,- APPLICATION FEES AND AN APPROVAL
22 PROCESS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
23 CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
24 (Mayor Feliu)
25
26 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -7.6
28 ENTITLED "PARKING" OF THE SOUTH MIAMI LAND DEVELOPMENT
29 CODE IN ORDER TO REPLACE PROVISIONS RELATING TO THE
30 HOMETOWN DISTRICT PARKING COMMITTEE AND SUBSTITUTING
31 REFERENCES TO THE NEWLY CREATED PARKING BOARD PROVIDING
32 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
33 AN EFFECTIVE DATE. 3/5
34 (Ci.ty Manager)
35
36 COMMISSION REMARKS
37
38
39 There being no further business to come before this Body,
40 the meeting' adjourned at 11:00 p.m.
41
42 Attest Approved
43
44
45 Maria M. Menendez Horace G. Feliu
46 City Clerk Mayor
REGULAR CITY COMMISSION 16
MINUTES - March 20, 2007