05-15-07 - Minutes 04-24-075
6 CALL TO ORDER:
7
8 The City Commission of the City of South Miami, Florida met
9 in regular session on Tuesday, April 24, 2007, beginning at 7:13
10 p.m., in the City Commission Chambers, 6130 Sunset Drive.
11
12 A. Roll Call:
13 The following members of the City Commission were present:
14 Mayor Horace G. Feliu, Vice Mayor Randy G. Wiscombe, and,
15 Commissioners Velma Palmer, Marie Birts and Jay Beckman.
16
17 Also in attendance were: City Attorney Luis Figueredo, City
18 Clerk Maria M. Menendez and City Manager Yvonne Soler - McKinley.
19
20 B. Invocation: The invocation was delivered by Mayor Feliu.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentations(s)
26
27 Inventory of city -owned land update
28
29 Mr. Perez conducted this presentation regarding city -owned
30 properties:
31 • Old Inspection Station (5890 SW 69th St)
32 • City Hall (6130 Sunset Dr)
33 • Jean Willis Park (7220 -50 SW 61St St)
34 • Street Parking Lot ( SW 71St St)
35 • Municipal Parking Garage (Hometown /Under Construction)
36
37 Park and Recreation Director, Cesar Garcia, conducted a
38 brief presentation on Jean Willis Park, also known as the
39 "Flowering Tree Park ". Jean Willis was the City's first female
40 commissioner, from 1956 to 1978. Mr. Garcia said this is mostly a
41 passive park where people gather for lunch.
42
43 Public Safety - Public Safety Initiatives by the Police
44 Department:
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Park and Walk Program
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Direct Patrol Program
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Special Detail Program
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Zero Tolerance Drug Zone - TODD and Near Schools
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Business Effort Against Theft - Crime Prevention
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Program
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Coordination Program with Code Enforcement
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Bike Patrol Program
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10
Cap.
D'Angelo was present to answer questions from the
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Commission:
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Reinstating police presence program in neighborhoods by
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leaving a note as a reminder that they had been
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inspecting the area —The program is being reinstated;
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Names to be provided of a few identified elders needing
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reassurance from the police that they will be there for
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them, particularly around hurricane season - -Cap.
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D'Angelo to verify as to whether those are already
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enrolled in their existing program;
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•
It is important to have the Town Center area crime
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free, particularly now with the upcoming opening of the
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municipal parking garage— Police Dept. has been involved
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with this project, providing instructions as to what
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they can do to enhance the safety of the new
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construction. Also having contact with the security
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department of the Shops at Sunset Place. Assit. Manager
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Balogun to provide periodical reports on this to the
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Commission;
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Need to contact seniors ahead of the hurricane season
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so that we may provide them with necessities ahead of
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time;
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•
Cap. D'Angelo also explained that one of the
34
initiatives that came out of the meetings with
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representatives from HUD is that they have certain
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guidelines to qualify for the housing by doing a
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certain amount of community service hours each month
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and that this may be done anywhere in the City;
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therefore, the police is working on putting together a
40
program so that these tenants in need of collecting
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hours may be involved in doing some work at the parks.
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43
44
Dr.
Janet Launcelott - Sexual Assault Awareness Month 2007
45
46
Mayor
Feliu introduced Dr. Launcelott as a former City
47 Commissioner, current resident and activist.
48
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1 Dr. Launcelott, a volunteer at the Rape Treatment Center,
2 spoke eloquently and in great detail about the problems we face
3 in our society with regard to this subject matter. She said that
4 one of the problems is that nobody wants to talk about it and
5 also the lack of reporting. She emphasized the importance of
6 reporting these cases so that follow -up investigation and
7 subsequent prosecution can take place. Out of the nearly 1500
8 cases that are treated at the Center, 60 percent are children
9 under 17 years old. Eighty percent of the cases are minorities
10 as a reflection of poverty. She pointed out that these are her
11 own figures —not a scientific study. In conclusion, she urged the
12 Commission to carry their awareness a little further, and set
13 the example by issuing a policy statement against sexual
14 assault. She asked for the City to take the lead for other
15 cities, and maybe the County to follow. She said that perhaps
16 the City could institute a Sexual Assault Response Team (SARI).
17
18 Mayor Feliu commended Dr. Launcelott for the good work and
19 for bringing this item forward and for this concept to raise the
20 level of awareness. The Mayor then directed the City Manager to
21 put together the policy statement suggested by Dr. Launcelott.
22
23 After some further comments the presentations concluded.
24
25
26 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
27
28
29 1. Approval of Minutes
30
31 Minutes of April 3, 2007
32
33
34 Moved by Vice Mayor Wiscombe, seconded by Commissioner
35 Palmer, the motion to approve the minutes of April 3, 2007 passed
36 by a 5 -0 vote:
37
38 Commissioner Palmer: yea
39 Yea Commissioner Birts: Yea
40 Commissioner Beckman: Yea
41 Vice Mayor Wiscombe: Yea
42 Mayor Feliu: Yea
43
44
45 2. City Manager's Report
46 There were no reports by the City Manager. Below are
47 questions /answers to the Manager:
48
49 • Staff is currently working with the County in setting up a
50 meeting to discuss the criteria for doing local traffic
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1
calming;
2
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Suggestion that CRA meetings should be programmed to run in
3
a timely manner on Channel 77 so that people may be better
4
informed —these meetings are programmed to run the very next
5
morning;
6
•
There was direction from the Commission by acclamation to
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have the CRA meetings broadcast live;
8
•
Request for the cash balance for every month, all the way
9
back to the month before the start of the fiscal year —the
10
Finance Director to provide information tomorrow;
11
•
Regarding the cash payment from the Red Road Commons
12
project —Ms. McKinley explained that the requirement for said
13
payment will be at the time they apply for the permit and
14
that is projected to happen by October of this year;
15
•
Request for a proposal for the inspection station —Mr.
16
Balogun indicated that we have consultants working on
17
proposals; however, there was no budget allocation for this
18
and he said that if the Commission directs him to do it that
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he will prepare a resolution to have it on cash carryover;
20
(Commissioner Beckman said that he would like the proposal
21
for the budget —not to use cash reserve for that);
22
•
Request concerning the EAR process and the issues with
23
parking on the 70th Street Colsky's property;
24
•
Regarding request for clarification on the inspection
25
station —Mr. Balogun indicated that the Planning Department
26
had brought up several options: selling /developing the
27
property, etc.; he added that it was agreed by acclamation
28
of the Commission to create a parking lot facility on the
29
property, and this is in the Capital Improvement Plan; in
30
addition, it is being proposed as a future plan to look at
31
the possibility of having the Police Department located at
32
that site;
33
•
Regarding request for clarification on the 70th Street issue
34
with parking— Counsel Figueredo indicated that the City
35
Manager applied the pertaining provision in the Code which
36
on one prior occasion had been applied by the Planning
37
Department; therefore, her use of the provision was
38
consistent; he continued explaining than rather than
39
changing the language in the Code, Commissioner Beckman
40
recommends to remove the administrative right to assign
41
spaces; he reiterated that there is a provision in the Land
42
Development Code (LDC) that permits an administrative
43
crediting —in conclusion, Counsel Figueredo said that the
44
City Manager did not violate anything by relying on a
45
provision in the Code that allows for the assignment of
46
spaces;
47
•
Regarding concerns about the EAR process —Mr. Perez explained
48
the step -by -step procedure; he then said that he is
49
preparing a report to answer questions posed on a memo
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MINUTES - April 24, 2007
1 received from Commissioner Beckman.
2
3 With no further comments the City Manager's Report
4 concluded.
5
6
7 3. City Attorney's Report
8
9
10 PUBLIC REMARKS
11
12 David Tucker Sr. addressed. the Commission with a passage of
13 our Nation's history.
14
15 Lee Swerdlin informed the Commission of an upcoming BPAC
16 meeting on May 23rd at 5:30 p.m. at the Government Center where
17 the safety of pedestrian crossing of US1 will be discussed. He
18 then,referred to his proposal for the Town Center.
19
20 Dean Whitman addressed the Commission regarding the parking
21 issues relating to Colsky's property.
22
23 Beth Swartz also referred to issues relating to Colsky's
24 property.
25
26 ,Walter Harris also referred to issues relating to Colsky's
27 property. He then urged the Commission to pass item no. 7 on the
28 agenda regarding allowing dogs in restaurants' outdoor dining.
29
30 Brad Cassel urged the Commission to stop all administrative
31 waivers. He also referred to the pension workshop.
32
33 Cathy McCann referring to the issues with Colsky's property
34 said that the worse thing that can happen to a city is for people
35 to lose faith in their elected officials.
36
37 Eda Harris also referred to issues relating to Colsky's
38 property. She then urged the Commission to pass item no. 7 on the
39 agenda regarding allowing dogs in restaurants' outdoor dining.
40
41 Yvonne Beckman also referred to issues relating to Colsky's
42 property. She talked about the EAR process. She then urged to
43 broadcast the Planning Board meetings live.
44 Sharon McCain urged to have the Planning Board and the CRA
45 meetings broadcast live, instead of having the Commission
46 meetings running twice a day for 14 days. She then requested
47 information on the status of the Valencia parking issues.
48
49 With regard to the Valencia issues, Counsel Figueredo said
50 that they have a parking reduction that was approved when they
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AMA!
built the apartments, which they later converted to condominiums;
there is a specific case law that says that you cannot
discriminate against condominiums, and that is the law that they
are relying on; we have taken a different position and we are
trying to work it out.
Shirley Huebner said that there is need for a lot of.work to
be done on the area of 74th Street between 61St and 58th Avenue,
and that she will be meeting with staff about plans for that
area.
Dick Ward referred to the Code of Ethic ordinance saying
that it is not needed and that Robert's Rule of Order should be
sufficient.
Michael Mayor from Deli Lane Cafe addressed the Commission
regarding the traffic problems.
Tony Sevillano spoke about dogs that he has observed in the
City that are being kept chained and, deprived of exercise. He
urged the Commission to pass an ordinance banning having dogs
being chained.
Vice Mayor Wiscombe said that the above issue with dogs
should be brought up to the attention of County Commissioner
Gimenez.
Mayor Feliu said that he would be happy to sponsor an
ordinance to prevent this type of animal abuse.
With no further speakers the Public Remarks session
concluded and the Mayor announced a 5- minute break.
As the meeting reconvened,, item no. 5 was pulled from the
Consent Agenda.
CONSENT
67 -07 -12452
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ISSUE A WORK ORDER TO T.Y. LIN /HJ ROSS (HJ ROSS) FOR
REGULAR CITY COMMISSION
MINUTES - April 24, 2007
0
1
CITYWIDE DRAINAGE IMPROVEMENTS PHASE IV
IN AN AMOUNT OF
2
$69,600.00 TO BE CHARGED TO SOUTH
FLORIDA WATER
3
MANAGEMENT DISTRICT (SFWMD) GRANT
ACCOUNT NUMBER
4
106.1730.541.3110 AND FLORIDA DEPARTMENT
OF ENVIRONMENTAL
5
PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106-
1727 -536 -3450;
6
PROVIDING FOR AN EFFECTIVE DATE.
3/5
7
(City Manager)
8
9
Moved by Commissioner Palmer, seconded by Vice Mayor
10
Wiscombe, the motion to approve the Consent
Agenda passed by a 5-
11
0 vote:
12
13
Commissioner Palmer:
yea
14
Yea Commissioner Birts :
Yea
15
Commissioner Beckman:
Yea
16
Vice Mayor Wiscombe:
Yea
17
Mayor Feliu:
Yea
18
19
20 RESOLUTION (S)
21
22 68 -07-12453
23 5. A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
24 OF SOUTH MIAMI, FLORIDA, RELATING TO RESTORATION OF EX-
25 FELONS' RIGHTS; SUPPORTING GOVERNOR CHARLIE CRIST'S
26 CAMPAIGN PROMISE TO FACILITATE VOTING RIGHT RESTORATION
27 WITHIN STATE; AND ACKNOWLEDGING THE GOVERNOR, AS A VOTING
28 MEMBER OF THE FLORIDA BOARD OF EXECUTIVE CLEMENCY WHO
29 VOTED ON A PLAN TO ALLOW MOST FELONS TO AUTOMATICALLY
30 RESTORE THEIR VOTING RIGHTS UPON COMPLETION OF THEIR
31 SENTENCES; PROVIDING AN EFFECTIVE DATE. 3/5
32 (Commissioner Palmer)
33
34 Moved by Vice Mayor Wiscombe, seconded by Commissioner
35 Palmer to approve this item.
36
37 Commissioner Beckman pulled this item because of certain
38 concerns. He referred to certain language on the proposed
39 ordinance that relates to the State Parole Committee which
40 reviews the cases of felons who are repeat offenders or have
41 committed violent offenses, etc. He said not to agree with
42 restoring the civil rights to individuals after they have
43 probably destroyed the lives of several people.
44
45 Commissioner Palmer commended the Governor for taking this
46 step. She said that this is a new day, and after they have
47 committed a crime, and that they have served their time, their
48 rights should be restored. These are people who have families to
49 take care of.
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Commissioner Birts spoke in support of the resolution. She
said that everyone needs a second chance.
!!Vice Mayor Wiscombe also spoke in support of the resolution
and concurred with Commissioner Birts that everyone needs a
second chance.
Mayor Feliu also spoke in favor of the resolution. He said
that he understands Commissioner Beckman's concern; however,
there is a clemency board that will evaluate on a personal basis
each individual case.
With some further comments, the motion to approve this item
passed by a 4 -1 vote:
Commissioner Palmer: yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Nay
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Moved by Commissioner Palmer, seconded by Commissioner
Birts, the motion to move item no. 11 (now no. 6) out of order
passed by a 5 -0 vote:
Commissioner Palmer: yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
RESOLUTION (S) /PUBLIC HEARING (S)
69 -07 -12454
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION
20 -5.8 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE A BOWLING ALLEY / RESTAURANT/
ENTERTAINMENT CENTER TO BE CALLED SPLITSVILLE 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)
Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe and
Commissioner Palmer to approve this item.
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MINUTES - April 24, 2007
i
1 Mr. Youkilis presented this item.
2
3 Commissioner Palmer posed questions regarding the noise that
4 this type of establishment may generate and also about any plans
5 for employing people from the community.
6
7 Mr. Perez indicated that the question regarding employment
8 came up at the Planning Board meeting, explaining that one of the
9 suggestions was that as the employment plan is developed with the
10 applicant and the CRA, that is where the issues of employment are
11 negotiated.
12
13 Vice Mayor Wiscombe said that he concurs with Commissioner
14 Palmer on the employment issue; however, sometimes the Commission
15 pushes for these requirements but the community does not follow
16 up by applying for those positions. About the sound proofing, he
17 said that he would like to see an attachment to the certificate
18 of occupancy as a condition in the event that we start getting
19 complaints about noise coming from the bowling alley.
20
21 Commissioner Beckman said not to be in agreement with
22 imposing the employment requirement.
23
24 With regard to the conditions set forth under Section 1
25 Counsel Figueredo suggested the following language to be inserted
26 in subparagraph (4).
27
28 Moved by . Vice Mayor Wiscombe, to insert on page 2, line 6:
29 the conditions set forth in this resolution or other applicable
30 code provisions. Seconded by Commissioner Beckman, the motion to
31 approve the amendment passed 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
41 Moved by Commissioner Beckman to remove Section'l (1) . The
42 motion died for lack of a second.
43
44 At this juncture Counsel Figueredo recommended revisiting
45 the above motion after the public hearing.
46
47 Commissioner Birts said that when you walk in a bowling
48 place you can hardly hear any noise; she said that this is a nice
49 establishment where people will be eating and that the applicant
50 probably has taken all of this into consideration in order to
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MINUTES - April 24, 2007
1 make it a pleasant place. There is a big theater within the Shops
2 and you can never hear any noise, she added.
3
4 'At this point speakers were sworn in and the public hearing
5 was opened.
6
7 Attorney Lauren Harper, representing the applicant,
8 addressed the Commission. Ms. Harper explained in detail all the
9 measures that the applicant is taking towards sound proofing. Not
10 only are they installing special sound proofing material but they
11 have also reconfigured the floor plan in order to move the
12 bowling lanes away from the residences.
13
14 Guy Revelle, Vice - President for L & M Enterprises, addressed
15 the Commission regarding their plans towards employing people
16 from the community.
17
18 Commissioner Beckman said that even though the applicant is
19 willing to agree with the employment requirement, still he does
20 not 'think that the Code allows the Commission to make such
21 imposition.
22
23 Moved by Commissioner Beckman to amend Section 1 (2) to
24 read: The applicant shall volunteers to submit.... The motion to
25 approve the amendment failed by a 2 -3 vote:
26
27 Commissioner Palmer: yea
28 Yea Commissioner Birts: Nay
29 Commissioner Beckman: Yea
30 Vice Mayor Wi.scombe: Nay
31 Mayor Feliu: Nay
32
33 At this juncture Counsel Figueredo recommended to strike
34 Section 1 (2) and create a new Section showing the language as a
35 recommendation.
36
37 Moved by Commissioner Beckman to strike Section 1 (2),
38 seconded by Commissioner Palmer, the motion to approve this
39 amendment passed by a 3 -2 vote:
40
41 Commissioner Palmer: Yea
42 Yea Commissioner Birts: Nay
43 Commissioner Beckman: Yea
44 Vice Mayor Wiscombe: Nay
45 Mayor Feliu: Yea
46
47 Moved by Commissioner Beckman to create a Section 2 to read:
48 The applicant agrees to submit an employment and training plan
49 which provides for South Miami residents to have a priority in
50 obtaining jobs at the business. And that the current Section 2 be
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1 labeled as Section 3. Seconded by Commissioner Birts, the motion
2 to approve the amendment passed by a 5 -0 vote:
3
4 Commissioner Palmer: Yea
5 Yea Commissioner Birts: Yea
6 Commissioner Beckman: Yea
7 Vice Mayor Wiscombe: Yea
8 Mayor Feliu: Yea
9
10 At this point some speakers were sworn in.
11
12 Sharon McCain spoke regarding parking, questioning as to
13 whether there would be enough parking for all employees. This
14 issue was clarified by the applicant.
15
16 With some further comments, the motion to approve this item
17 as amended passed by a 5 -0 vote:
18
19 Commissioner Palmer: Yea
20 Yea Commissioner Birts: Yea
21 Commissioner Beckman: Yea
22 Vice Mayor Wiscombe: Yea
23 Mayor Feliu: Yea
24
25
26
27 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
28
29 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
30 OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING SECTION 8A
31 OF THE CITY'S CODE OF ORDINANCES ENTITLED "CODE OF
32 ETHICS" TO INCLUDE A NEW SECTION 8A -2, WHICH SECTION
33 SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL PUBLIC
34 OFFICIALS "; PROVIDING FOR SEVERABILITY, ORDINANCES IN
35 CONFLICT, AND AN EFFECTIVE DATE. 3/5
36 (Deferred 03120107 & 4103107)
37 (Mayor Feliu and Commissioner Beckman)
38
39 Moved by Mayor Feliu, seconded by Commissioner Birts to
40 approve this item.
41
42 ,Mayor Feliu referred to the revised version of the
43 ordinance.
44
45 Counsel Figueredo indicated that what is under consideration
46 before the Commission is the long version; he then recommended
47 that 'the Commission considered the substitute item which is the
48 13 -page item. He explained that the revised version is much
49 easier to read, is more logical„ and it takes into account all of
50 the written comments that were received from board members, as
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1 well as verbal comments that he received from some citizens
2 during his meetings with them. He then indicated that this
3 substitute item constitutes a significant change and that it
4 would have to come back for a third reading.
5
6 Moved by Mayor Feliu to accept the 13 -page version, seconded
7 by Vice Mayor Wiscombe to accept the substitute item.
8
9 Commissioner Beckman indicated that even if he approves
10 accepting the substitute item at this time, he said that he might
11 want to amend it further when it comes back for third reading.
12
13 With no further comments or discussion, the motion to accept
14 the substitute item 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 Moved by Mayor Feliu, seconded by Commissioner Birts, the
23 motion to defer the item until the meeting of May 15, 2007 passed
24 by a 5 -0 voter
25
26 Commissioner Palmer: Yea
27 Yea Commissioner Birts: Yea
28 Commissioner Beckman: Yea
29 Vice Mayor Wiscombe: Yea
30 Mayor Feliu: Yea
31
32 Moved by Mayor Feliu to extend the meeting to 11:30
33 p.m. The motion passed by a 4 -1 vote:
34
35 Commissioner Palmer: Yea
36 Yea Commissioner Birts: Yea
37 Commissioner Beckman: Nay
38 Vice Mayor Wiscombe: Yea
39 Mayor Feliu: Yea
40
41
42 09 -07 -1910
43 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
44 OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -4 OF THE
45 SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO CREATE
46 SECTION 20 -4.12 ENTITLED "REGULATIONS PERMITTING DOGS IN
47 OUTDOOR SEATING AREAS OF PUBLIC FOOD SERVICE
48 ESTABLISHMENTS "; PROVIDING FOR SEVERABILITY, ORDINANCES
49 IN CONFLICT, AND PROVIDING AR EFFECTIVE DATE. 3/5
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(Mayor Feliu)
Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
approve this item.
P
Ma or Feliu said that he sponsored this ordinance to allow
Y
dog lovers to sit with their pets at outdoor establishments in
the City.
At this time the Mayor opened the public hearing.
David Tucker Sr. addressed the Commission and with a sense
of humor said that dogs are dogs and people are people.
Sharon McCain spoke in favor of the ordinance.
Deli Lane owner Michael Malor addressed the Commission. He
said that he has no problem with the ordinance and that he has to
comply with state regulations anyway.
With some further comments,
passed by a 4 -1 vote:
the motion to approve this item
Commissioner Palmer: yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Nay
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Moved by Mayor Feliu to move item no. 10 (now item 9) out of
order. Seconded by Commissioner Birts, the motion passed by a 5 -0
vote:
Commissioner Palmer: Yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Commissioner Beckman asked for a point of order to say that
he did not think that this item was properly brought forward,
citing the Charter which provides that the City Commission shall
only act by ordinance or resolution.
Counsel Figueredo explained for clarification that the City
Commission acts by motion all the time. The only thing that was
done was a motion to bring the matter back to be reconsidered.
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1 RESOLUTION (S) /PUBLIC HEARING (S)
2 (CONT'D)
3
4 70 -07-12455
5 9. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
6 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
7 VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
8 CODE TO ALLOW A ROOM ADDITION TO A SINGLE FAMILY HOME IN
9 THE REAR SETBACK AREA RESULTING IN A VARIANCE REQUEST TO
10 PERMIT AN EIGHT FOOT REAR SETBACK WHERE A MINIMUM 25
11 FOOT REAR SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN
12 AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED
13 AT 5841 SW 63 AVENUE, SOUTH MIAMI, FLORIDA; AND
14 PROVIDING FOR AN EFFECTIVE DATE. 4/5
15 (Commissioner Palmer)
16
17 Moved by Mayor Feliu, seconded by Commissioner Birts to
18 approve this item.
19
20 Commissioner Palmer explained that this item was brought
21 before the Commission over six months ago and that she voted
22 against it after looking over what was presented to her at the
23 time; she later went back to review the code, the Planning Board
24 recommendation and the circumstances; the lot has an irregular
25 shape, which we have a lot of them in the City; she also
26 considered the circumstances pertaining to the applicant's family
27 growth. For all of this she said that she recognized the need for
28 revisiting the application, and that she is now convinced that
29 there is a hardship which needs to be considered.
30
31 At this time speakers were sworn in and the public hearing
32 was opened.
33
34 Catherine Jay, the applicant, addressed the Commission
35 explaining the need for the variance request.
36
37 Cathy McCann asked whether all the neighbors had signed the
38 petition that goes along with the request for variance.
39
40 Mr. Youkilis clarified that there are two options in the
41 process: either by a petition signed by 200 of the neighbors; or
42 by mailing a certified letter to 500 of the people within the
43 500 -foot radius, and an affidavit has been submitted by Ms. Jay
44 which is the only thing required.
45
46 At 11:30 p.m. Mayor Feliu moved to extend the meeting for
47 another 15 minutes in order to finish this item. Seconded by Vice
48 Mayor Wiscombe, the motion I)asse.d by a 4 -1 vote:
49
REGULAR CITY COMMISSION 14
MINUTES - April 24, 2007
1
Commissioner Palmer:
Yea
2
Yea Commissioner Birts:
Yea
3
Commissioner Beckman:
Nay
4
Vice Mayor Wiscombe:
Yea
5
Mayor Feliu:
Yea
6
7
Commissioner Beckman said that the fact
that this property
8
is not a perfect rectangle does not make it a hardship.
9
10
Mr. Youkilis said that the lot is an
irregular shape and
11
because of that the house was built without being able to meet
12
the rear setback; all cities allow that an
irregular shaped lot
13
can be a basis for a variance.
14
15
Vice Mayor Wiscombe said that he also
had a problem with
16
this request because of the non - conforming
setback that already
17
exists; he said to be concerned about setting a precedent with
18
the approval of this request.
19
20
Mayor Feliu said that given the applicant's
situation, and
21
the fact that there are no issues with the
neighbors, he had no
22
problem in supporting Commissioner Palmer.
23
24
Moved by Mayor Feliu to extend the meeting to 11:30 p.m. The
25
motion passed by a 4 -1 vote:
26
27
Commissioner Palmer:
Yea
28
Yea Commissioner Birts:
Yea
29
Commissione:r Beckman:
Nay
30
Vice Mayor Wiscombe:
Yea
31
Mayor Feliu:
Yea
32
33
34
With some further comments and discussion, the motion passed
35
by a 4 -1 vote:
36
37
Commissioner Palmer:
Yea
38
Yea Commissioner Birts:
Yea
39
Commissioner Beckman:
Nay
40
Vice Mayor Wiscombe:
Yea
41
Mayor Feliu:
Yea
42
43
44
45
46
UNFINISHED BUSINESS
47
48
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
49
REGULAR CITY COMMISSION 15
MINUTES - April 24, 2007
1 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
2 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.3
3 SIGN REGULATIONS OF THE SOUTH MIAMI LAND DEVELOPMENT CODE
4 IN ORDER TO REGULATE THE PLACEMENT OF BANNER SIGNS OVER
5 PUBLIC STREETS; PROVIDING FOR APPLICATION REQUIREMENTS,
6 DISPLAY LIMITATIONS, APPLICATION FEES AND AN APPROVAL
7 PROCESS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
8 CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
9 (Mayor Feliu)
10
11 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
12 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -7.6
13 ENTITLED "PARKING" OF THE SOUTH MIAMI LAND DEVELOPMENT
14 CODE IN ORDER TO REPLACE PROVISIONS RELATING TO THE
15 HOMETOWN DISTRICT PARKING COMMITTEE AND SUBSTITUTING
16 REFERENCES TO THE NEWLY CREATED PARKING BOARD; PROVIDING
17 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
18 AN EFFECTIVE DATE. 3/5
19 (City Manager)
20
21
22 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
23 (NONE)
24
25
26 ORDINANCE (S) FIRST READING.
27
28 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20-
30 4.4(A)(2) ENTITLED "OFF- STREET PARKING REQUIREMENTS" OF
31 THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
32 ELIMINATE THE PROVISION'S ALLOWING FOR THE ADMINISTRATIVE
33 CREDITING OF ON- STREET :PARKING SPACES AS REQUIRED
34 PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVIDING FOR
35 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
36 EFFECTIVE DATE. 3/5
37 (Commissioner Beckman)
38
39 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
40 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20- 8.8(D)
41 ''NTITLED "GARAGES IN MU -5 If OF THE SOUTH MIAMI LAND
42 DEVELOPMENT CODE IN ORDER TO CLARIFY PROVISIONS RELATED
43 TO THE LOCATION OF PARKING GARAGES IN DEVELOPMENT
44 PROJECTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
45 CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
46 (Commissioner Beckman)
REGULAR CITY COMMISSION 16
MINUTES - April 24, 2007
1
2 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
4 DEVELOPMENT CODE; AMENDING REGULATIONS PERTAINING TO
5 BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED
6 DEVELOPMENT DISTRICT AND IN THE HOMETOWN OVERLAY ZONE IN
7 ORDER TO REQUIRE APPROVAL BY A FOUR /FIFTHS VOTE OF THE
8 CITY COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT
9 ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR
10 A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO
11 EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE,
12 PARKING BOARD, AND THE PLANNING BOARD PERTAINING TO THE
13 REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE
14 NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR
15 SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND
16 EFFECT DURING THIS TIME PERIOD; PROVIDING FOR
17 SEVERABILITY, ORDINANCES I'N CONFLICT, AND PROVIDING AN
18 EFFECTIVE DATE. 3/5
19 (Commissioner Beckman)
20
21 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
22 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
23 CHAPTER 14 ENTITLED "EMERGENCY MANAGEMENT;" CREATING
24 SECTION 14 -5.1 ENTITLED WATER CONSERVATION AND EMERGENCY
25 WATER RESTRICTION ENFORCEMENT; PROVIDING FOR CODE
26 ENFORCEMENT AND POLICE ENFORCEMENT OF EMERGENCY WATER
27 FRESTRICTION DECLARATIONS ISSUED BY THE SOUTH FLORIDA
28 WATER MANAGEMENT DISTRICT; PROVIDING FOR POLICE
29 ENFORCEMENT VIA CRIMINAL PROCESS OF STATE LAW; AND
30 DIVISION OF CODE COMPLIANCE ENFORCEMENT THROUGH THE
31 CITY'S CIVIL CITATION SYSTEM UNDER SECTION 2 -21, OF THE
32 CITY'S CODE OF ORDINANCES; PROVIDING FOR FINES AND
33 APPEAL PROCESS; PROVIDING FOR ORDINANCES IN CONFLICT,
34 CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 3/5
35 (Cit, 3F Manager)
36
37 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
38 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
39 COMMITTEES; AMENDING SEC.2 -26.5 OF THE CODE OF
40 ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;
41 AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY;
42 PROVIDING FOR ORDINANCES I;N CONFLICT; AND PROVIDING AN
43 EFFECTIVE DATE. 3/5
44
45
46 COMMISSION REMARKS
47
REGULAR CITY COMMISSION 17
MINUTES - April 24, 2007
1
2
3
4
5
6
8
9
There being no further business to come before this Body,
the meeting adjourned at 11:46 p.m.
Attest Approved
Maria M. Menendez
City ',Clerk
REGULAR CITY COMMISSION 18
MINUTES - April 24, 2007
Horace G. Feliu
Mayor