07-24-07 - Minutes 06-05-07f
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2 City of South Miami
3 Regular City Commission Minutes
4 June 5, 2007
5
6 CALL TO ORDER:
7
8 The City Commission of the City of South Miami, Florida met
9 in regular session on Tuesday, June 5, 2007, beginning at 7:11
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.
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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.
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22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
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25 D. Presentations (s)
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27 Officer of the Month for April, 2007: Officer Jesus Aguiar
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29 There was no presentation. Officer Aguiar was absent.
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31 CAA presentation regarding new agency in town. (Presentation
32 postponed)
33
34 Recognizing sponsors of Public Works Week
35
36 Presented by Public Works Director and Assistant City
37 Manager, Ajibola Balogun.
38
39
40 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
41
42
43 At this time Commissioner Palmer indicated her wish to
44 reconsider her vote on item no. 16 on the agenda of May 15, 2007.
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2 Counselor Figueredo explained that according to Robert's
3 Rules of Order, reconsideration of a vote should be done at the
4 very same meeting that the vote occurs. However, in the past,
5 anyone having voted on the prevailing side has been allowed to
6 reconsider an item. In this particular case, however, there was
7 no prevailing side since the item failed to pass on a 2 -2 vote;
8 the Mayor was absent at the May 15th meeting.
9
10 1. Approval of Minutes
11
12 Minutes of May 15, 2007
13
14 Moved by Vice Mayor Wiscombe, seconded by Commissioner
15 Birts, the motion to approve the minutes of May 15, 2007 passed
16 by a 5 -0 vote:
17
18 Commissioner Palmer: Yea
19 Yea Commissioner Birts: Yea
20 Commissioner Beckman: Yea
21 Vice Mayor Wiscombe: Yea
22 Mayor Feliu: Yea
23
24
25 Minutes of May 22, 2007
26
27 Moved by Commissioner Birts, seconded by Vice Mayor
28 Wiscombe, the motion to approve the minutes of May 22, 2007
29 passed by a 5 -0 vote:
30
31 Commissioner Palmer: Yea
32 Yea Commissioner Birts: Yea
33 Commissioner Beckman: Yea
34 Vice Mayor Wiscombe: Yea
35 Mayor Feliu: Yea
36
37
38 2. City Manager's Report
39
40 By acclamation, this section was taken out of order at the
41 request of the City Manager and placed after "Unfinished
42 Business."
43
44
45 3. City Attorney's Report
46 (NONE)
47
48 Moved by Mayor Feliu to suspend the rules, to move the
49 Public Remarks session to be placed before "Unfinished Business."
50 Seconded by Vice Mayor Wiscombe, the motion passed by a 5 -0 vote:
REGULAR CITY COMMISSION 2
MINUTES - June 5, 2007
1
2 Commissioner Palmer: Yea
3 Yea Commissioner Birts: Yea
4 Commissioner Beckman: Yea
5 Vice Mayor Wiscombe: Yea
6 Mayor Feliu: Yea
7
8
9 PUBLIC REMARKS
10
11 Terri Robinson, a resident of Lee Park Condominiums
12 addressed the Commission regarding parking meters and the
13 restrictions that are being imposed on residents with regard to
14 parking at that location. He then asked for the possibility of
15 designating decal parking to -those residents as it is done in
16 other parts of the City. Staff advised Mr. Robinson to attend the
17 next Parking Board meeting on Friday so that they could discuss
18 this issue.
19
20 Sharon McCain referred to the issue of employee parking for
21 the Shops at Sunset. She said that the Shops should not charge
22 their employees for parking on the rooftop.
23
24 Charlotte Dison, a member of the Historic Preservation Board
25 commented that in her opinion said board is not capable of
26 reviewing architectural plans„
27
28 Walter Harris spoke about the Red Road Commons project minor
29 variances, urging the Commission to review them.
30
31 Planning and Zoning Director Perez provided clarification on
32 the Mr. Harris' comment above.
33
34 Jose Suarez, also referring to the Red Road Commons said
35 that the Planning and Zoning Director just followed the rules. He
36 added that he is satisfied with the clarifications provided by
37 the Director and the City Attorney.
38
39 Eda Harris referred to the overflow parking at SW 62nd Court
40 and SW 72nd Street.
41
42 Mayor Feliu said that he will sponsor an ordinance which the
43 City Attorney needs to draft addressing the issue of excessive
44 parking on residences.
45
46 David Tucker Sr. addressed the Commission on the subject of
47 government and patriotism in his usual eloquent manner.
48
49 Gary Eisenberg, manager of the Sunset Professional Building
REGULAR CITY COMMISSION 3
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1 spoke about the ordinance on the agenda regarding parking garages
2 in development projects. Mr. Eisenberg expressed concern saying
3 that he was not sure as to how the item would impact his
4 building; thereby urging the Commission to table the item until
5 people could be better informed as to how the amendment will
6 impact future developments.
7
8 Marice Chael referred to item no. 19 on the agenda.
9 Counselor Figueredo advised that since this item is subject to a
10 quasi - judicial hearing, she would have to wait to be sworn in to
11 speak at the time the item would be open for public hearing later
12 during the meeting.
13
14 John E. Smith referred to the Valencia building, saying that
15 the eight spaces on SW 59th Place across from the post office
16 should be metered with short -term parking to accommodate the
17 immediate businesses.
18
19 With no further speakers, the public remarks session was
20 closed.
21
22 At this time the Mayor announced a 5- minute break.
23
24
25 UNFINISHED BUSINESS
26 (Carried from 5115107 meeting)
27
28 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
29
30 14 -07 -1915
31 4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
32 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20- 8.8(D)
33 ENTITLED "GARAGES IN MU -5 " OF THE SOUTH MIAMI LAND
34 DEVELOPMENT CODE IN ORDER TO CLARIFY PROVISIONS RELATED
35 TO THE LOCATION OF PARKING GARAGES IN DEVELOPMENT
36 PROJECTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
37 CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
38 (Commissioner Beckman)
39
40 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
41 approve this item.
42
43 Commissioner Beckman explained that this ordinance clears up
44 a discrepancy in the Land Development Code (LDC) with regard to
45 the TODD district, and continued with a more detailed explanation
46 of the proposed amendment.
47
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1 After the presentation the Mayor opened the public hearing.
2
3 Attorney Tony Recio, .representing Shelley Real Estate,
4 addressee) the Commission objecting to the ordinance, saying that
5 it affects some real rights that presently exists to bring the
6 parking out to the street, thereby limiting design options for an
7 architect. Mr. Recio further discussed his views regarding the
8 ordinance and its impact. He also presented his own proposed
9 language which he said would provide clarification in favor of
10 giving the architect options in the designing process.
11
12 Sharon McCain spoke in favor of the ordinance, urging the
13 Commission to pass it as presented.
14
15 Gary Eisenberg spoke with concern, saying that he is not
16 sure how this ordinance will impact the Sunset Professional
17 Building in the future, objecting to the way is written and
18 urging the Commission to go back to the drawing board and get
19 further input from professionals. He said that he did not thing
20 that this is a good ordinance.
21
22 David Tucker Sr. referred to the origins of the Hometown
23 Plan.
24
25 Shirley Huebner urged the Commission to be very careful,
26 cautioning with having parking in the back which in many
27 instances would be facing res=idential areas.
28
29 Mai-ice Chael said that the ordinance is good as written.
30
31 John Edward Smith said that when it comes to construction it
32 is important to be sensitive about the integrity of the project
33 in terms of its location, echoing Ms. Huebner's concern; he said
34 that it is important not only to maintain the integrity of the
35 design, but the functional integrity of a building as well.
36
37 Simon Codrington said that it is important to proceed with
38 caution when we begin to bring ordinances that seek to restrict
39 flexibility. He said that he sees no conflict with the original
40 ordinance; it is important to look at the original intent of the
41 ordinance because flexibility is necessary.
42
43 With no further speakers the public hearing was closed.
44
45 After further discussion of the Commission, the motion to
46 approve this item passed by a 3 -2 vote:
47
48
49 Commissioner Palmer: Yea
50 Yea Commissioner Birts: Nay
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MINUTES - June 5, 2007
1 Commissioner Beckman: Yea
2 Vice Mayor Wiscombe: Yea
3 Mayor Feliu: Nay
4
5
6 15 - 07 -1916
7 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
9 DEVELOPMENT CODE; AMENDING REGULATIONS PERTAINING TO
10 BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED
11 DEVELOPMENT DISTRICT AND IN THE HOMETOWN OVERLAY ZONE IN
12 ORDER TO REQUIRE APPROVAL BY A FOUR /FIFTHS VOTE OF THE
13 CITY COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT
14 ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR
15 A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO
16 EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE,
17 PARKING BOARD, AND THE PLANNING BOARD PERTAINING TO THE
18 REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE
19 NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR
20 SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND
21 EFFECT DURING THIS TIME PERIOD; PROVIDING FOR
22 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
23 EFFECTIVE DATE. 3/5
24 (Commissioner Beckman)
25
26 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
27 approve this item.
28
29 Commissioner Beckman explained that this is just an
30 extension of the existing moratorium that has been in place for
31 some time, urging the Commission to pass it. He said that he will
32 work with the Planning Department on the permanent changes and
33 will bring them back to the Commission very quickly.
34
35 Vice Mayor Wiscombe urged Commissioner Beckman to also work
36 with the Parking Board.
37
38 Commissioner Beckman explained that this moratorium was put
39 in place a long time ago and that for some reason the permanent
40 changes never came about, and that we need parking regulations
41 that are based on reality. He said that this is the last time
42 that the moratorium will be extended.
43
44 At this time the public hearing was opened.
45
46 Simon Codrington spoke with concern about imposing
47 restrictions on development and flexibility being taken away. He
48 said that we need to promote flexibility; the reason that we have
49 certain boards is so that they may deal with the aesthetics.
REGULAR CITY COMMISSION 6
MINUTES - June 5, 2007
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2 David Tucker Sr. urged the Commission to go back to the
3 origins of TODD.
4
5 With no further speakers the public hearing was closed.
6
7 With some further remarks by the Commission, the motion to
8 approve this item 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 Feliu: Yea
15
16
17 16 -07- 1917
18 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
20 CHAPTER 14 ENTITLED "EMERGENCY MANAGEMENT;" CREATING
21 SECTION 14 -5.1 ENTITLED WATER CONSERVATION AND EMERGENCY
22 WATER RESTRICTION ENFORCEMENT; PROVIDING FOR CODE
23 ENFORCEMENT AND POLICE ENFORCEMENT OF EMERGENCY WATER
24 RESTRICTION DECLARATIONS ISSUED BY THE SOUTH FLORIDA
25 WATER MANAGEMENT DISTRICT; PROVIDING FOR POLICE
26 ENFORCEMENT VIA CRIMINAL PROCESS OF STATE LAW; AND
27 DIVISION OF CODE COMPLIANCE ENFORCEMENT THROUGH THE
28 CITY'S CIVIL CITATION SYSTEM UNDER SECTION 2 -21, OF THE
29 CITY'S CODE OF _ORDINANCES; PROVIDING FOR FINES AND
30 APPEAL PROCESS; PROVIDING FOR ORDINANCES IN CONFLICT,
31 CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 3/5
32 (City Manager)
33
34 Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts
35 to approve this item.
36
37 Mr. Balogun presented this item.
38
39 The public hearing was opened and closed with no speakers..
40
41 With some further remarks by the Commission, the motion to
42 approve this item passed by a 5 -0 vote:
43
44 Commissioner Palmer: Yea
45 Yea Commissioner Birts: Yea
46 Commissioner Beckman: Yea
47 Vice Mayor Wiscombe: Yea
48 Mayor Feli.u: Yea
49
REGULAR CITY COMMISSION 7
MINUTES - June 5, 2007
1 17 -07 -1918
2 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY' OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
4 COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE OF
5 ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;
6 AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY;
7 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
8 EFFECTIVE DATE. 3/5
9 (Mayor Feliu)
10
11 Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts
12 to approve this item.
13
14 The public hearing was opened and closed with no speakers.
15
16 Mayor Feliu said that this is basically a `housekeeping"
17 item for the purpose of amending the dates. He then urged the
18 Commission to bring suggestions for appointment of members.
19
20 With no further comments or discussion, the motion to
21 approve this item passed by a 5 -0 vote:
22
23 Commissioner Palmer: Yea
24 Yea Commissioner Birts: Yea
25 Commissioner Beckman: Yea
26 Vice Mayor Wiscombe: Yea
27 Mayor Feliu: Yea
28
29
30 18 -07 -1919
31 8. AN' ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
32 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE AD
33 VALOREM TAXATION; AMENDING CHAPTER 18 RELATING TO
34 TAXATION TO AMEND THE SENIOR CITIZEN EXEMPTION, AD
35 VALOREM TAX BREAK TO PROVIDE QUALIFIED INDIVIDUALS OVER
36 THE AGE OF 65, WITH AN ANNUAL INCOME UNDER $20,000 AND
37 HOMESTEAD RESIDENCE WITHIN THE CITY LIMITS WITH A
38 $50,000. AD VALOREM TAX BREAK (PRIOR EXEMPTION WAS FOR
39 $25,000) ; PROVIDING FOR SEVERALBILITY, ORDINANCES IN
40 CONFLICT, AND AN EFFECTIVE DATE. 3/5
41 (Mayor Feliu)
42
43 Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts
44 to approve this item.
45
46 Mayor Feliu presented this item.
47
48 The public hearing was opened and closed with no speakers.
49
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With no further comments or discussion,
approve this item passed by a 5 -0 vote:
Commissioner Palmer:
Yea Commissioner Birts:
Commissioner Beckman:
Vice Mayor Wiscombe:
Mayor Feliu:
the motion to
Yea
Yea
Yea
Yea
Yea
ORDINANCE (S) THIRD READING PUBLIC HEARING (S)
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
SECTION 8A OF THE CITY °S CODE OF ORDINANCES ENTITLED
"CODE OF ETHICS" TO INCLUDE A NEW SECTION 8A -2, WHICH
SECTION SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL
PUBLIC OFFICIALS "; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Deferred 03120107; 4103107; 04124107)
(Mayor Feliu and Commissioner Beckman)
Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
approve this item.
Counselor Figueredo explained that since there have been
several revisions, the substitute item adopted on first reading
by the Commission on May 15th was not the one that was included
in the packet. Even though the Commission was later provided with
the correct copy, Counselor Figueredo asked for deferral so that
the citizens also may have the correct item before them at the
time of the public hearing.
Moved by Vice Mayor Wiscombe, seconded by Commissioner
Birts, the motion to defer this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
ORDINANCE (S) FIRST READING
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO RECREATION;
REGULAR CITY COMMISSION
MINUTES - June 5, 2007
1 AMENDING SECTION 2 -26.3 OF THE CODE OF ORDINANCE BY
2 CHANGING THE NAME OF THE
3 AFFAIRS BOARD TO THE PARES AND RECREATION BOARD; SETTING
4 FORTH GUIDELINES BY WHICH THE BOARD SHALL BE GOVERNED;
5 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
6 AN :EFFECTIVE DATE. 3/5
7 (Commissioner Birts)
8
9 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu to
10 approve this item.
11
12 Commissioner Birts presented this item. She then urged the
13 Commission to submit names of their choice to be considered for
14 appointment to the board.
15
16 To answer Commissioner Palmer's question, Ms. McKinley
17 explained that the changes to the number of members were made
18 with the purpose of having a more manageable board. Ad hoc
19 members were added to the ordinance so that various individuals
20 that work with the City may provide input to the board, such as
21 it is in the case of Mr. Montana of the Tennis Center. Ad hoc
22 board members do not constitute a conflict of interest since they
23 do not have the power to vote. With regard to the function, Ms.
24 McKinley said that it is basically the same; however, instead of
25 cultural oriented, this will focus on recreation.
26
27 With no further comments or discussion, the motion to
28 approve this item passed by a 5 -0 vote:
29
30 Commissioner Palmer: Yea
31 Yea Commissioner Birts: Yea
32 Commissioner Beckman: Yea
33 Vice Mayor Wiscombe: Yea
34 Mayor Feliu: Yea
35
36
37 (END OF UNFINISHED BUSINESS)
38
39 City Manager's Report
40
41 • At the next Commission meeting, our lobbyist will be
42 making a presentation on property tax reform and what
43 transpired at the last legislative session;
44 • Ms. McKinley's evaluation was included in the packet
45 for the Commission's review and execution;
46 • Commissioner Birts explained that she had asked the
47 City Manager to look into a grant for an obesity
48 prevention program, and that she is asking to match it
REGULAR CITY COMMISSION 10
MINUTES - June 5, 2007
1
with $10,000 from the contingency fund; this will be
2
coming before the Commission in the form of a
3
resolution;
4
•'
Commissioner Palmer referred to an obesity prevention
5
program through the league of Cities that she has
6
brought to the attention of the City Manager months
7
ago. Ms. McKinley explained that the program referred
8
by Commissioner Birts is not from the League of Cities;
9
•
Commissioner Beckman asked the City Manager to request
10
information from Biscayne Park about a project they
11
have to reduce speed limit within their community,
12
together with other measures regarding traffic calming.
13
What type of agreement they have with the County and
14
all the details to see whether. there is any
15
applicability to our City;
16
•
Commissioner Birts said to save the date of June 25th
17
for the City's 80th celebration.
18
19
With
no further comments the City Manager's Report
20
concluded.
21
22
Item
no. 16 was pulled from the consent agenda by
23
Commissioner
Palmer.
24
1��Siel 11 14,11 k
27 90 -07 -12475
28 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA APPROVING SELECTED
30 CONTRACTORS FOR EMERGENCY HURRICANE PREPAREDNESS AND
31 RECOVERY DEBRIS REMOVAL; PROVIDING FOR AN EFFECTIVE
32 DATE. 3/5
33 (City Manager)
34
35 91 -07 -12476
36 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
37 CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE
38 IMPLEMENTATION OF GREEN DESIGN INITIATIVES TO PROTECT
39 OUR NATURAL RESOURCES AND QUALITY OF LIFE FOR ALL
40 RESIDENTS IN THE CITY OF SOUTH MIAMI; PROVIDING AN
41 EFFECTIVE DATE. 3/5
42 (Mayor Feliu)
43
44 92 -07 -12477
45 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
47 MANAGER TO ISSUE A PURCHASE ORDER TO RECHTIEN
48 INTERNATIONAL TRUCKS, INC. FOR TRASH TRUCK REPAIR IN AN
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AMOUNT OF $7,495.49 TO BE CHARGED TO ACCOUNT NUMBER 001-
2100- 519 -9920; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
93 -07 -12478
14. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER
INTO A MUTUAL AID AGREEMENT WITH THE CITY OF
CORAL
GABLES POLICE DEPARTMENT FOR GENERAL AND SPECIFIC LAW
ENFORCEMENT DUTIES ON BEHALF OF THE CITY OF SOUTH
MIAMI
POLICE DEPARTMENT PURSUANT TO SECTION 23.1225
(3),
FLORIDA STATUES; PROVIDING AN EFFECTIVE DATE.
3/5
(City Manager)
94 -07 -12479
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING ADRIANNA PALUMBO TRUBY TO
SERVE
ON THE COMMISSION FOR WOMEN FOR A TWO -YEAR TERM
ENDING
JUNE 4, 2009; AND PROVIDING AN EFFECTIVE DATE.
3/5
(Mayor Feliu)
Moved by Vice Mayor Wiscombe, seconded by Commissioner
Birts, the motion to approve the Consent Agenda 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)
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESOLUTION
127- 0612268 AUTHORIZING THE CITY MANAGER TO FINALIZE A
PURCHASE AGREEMENT FOR THE ACQUISITION OF THE DISON
PROPERTY LOCATED AT 8021 SW 58" AVENUE, SOUTH MIAMI,
FLORIDA 33143 AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Commissioner Birts to
approve this item.
REGULAR CITY COMMISSION
MINUTES - June 5, 2007
12
1 Commissioner Palmer explained that even though she has been
2 very supportive of this purchase, she is now concerned with the
3 fact that the City will not be receiving the money we were
4 counting on from the State. She said that presently we do not
5 have the money to make this purchase; therefore, she said that it
6 will be in our best interest to put everything on hold until we
7 know where we stand. She reiterated that she is in support of
8 this purchase, but she also believes that they should wait until
9 we know where the money is coming from.
10
11 Mayor Feliu said that he is in favor of this resolution
12 because we do have $400,000 set aside for this purchase; in
13 addition, Ms. Dison and the City have been meeting with the Trust
14 for Public Land and that he understands that they are committed
15 to pay the balance.
16
17 Ms„ McKinley clarified that the Trust for Public Land will
18 be providing funding until the City finds the money. We have also
19 applied for a grant, and in the meantime, the Trust for Public
20 Land is working diligently with Ms. Dison and the City to take
21 the property off the market so that it does become green space.
22 There are options, and we are exploring different avenues, Ms.
23 McKinley said.
24
25 Commissioner Beckman indicated that when this issue comes
26 back to the Commission with an agreement they will need
27 information in detail about financing.
28
29 Mayor Feliu pointed out that if we do not meet the grant' s
30 deadline that we will need to return the $200,000.
31
32 Vice Mayor Wiscombe said that one of the reasons that he has
33 been supporting this purchase since it came up is because the way
34 things are going in Tallahassee, this will probably be the last
35 year that we are going to have any type of available funds for a
36 while to purchase anything.
37
38 With no further discussion, the motion to approve this item
39 passed Y >y a 5 -0 vote:
40
41 Commissioner Palmer: Yea
42 Yea Commissioner Birts: Yea
43 Commissioner Beckman: Yea
44 Vice Mayor Wiscombe: Yea
45 Mayor Feliu: Yea
46
47
48 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
49 (CONT'D)
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3 19 -07 -1920
4 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM
6 DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT
7 APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES;
8 AUTHORIZING THE COMPLETION OF A STUDY RELATING TO "MC
9 MANSIONS "; STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO -
10 STORY HOMES FOR A THREE ( 3 ) MONTH PERIOD TO COMPLETE THE
11 STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A
12 WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND
13 CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS;
14 AND EXPANDING THE POWERS OF THE ERPB BY AMENDING
15 SUBSECTION 20-6. 1 (C) (3) (f) ; PROVIDING SEVERABILITY
16 ORDINANCE IN CONFLICT, AND AN; EFFECTIVE DATE. 3/5
17 (Vice Mayor Wiscombe)
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19 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
20 approve this item.
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22 Vice Mayor Wiscombe presented this item, urging the
23 Commission to support this ordinance to allow for the completion
24 of the study relating to McMansions.
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26 The public hearing was opened and closed with no speakers.
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28 After some further comments, the motion to approve this item
29 passed by a 5 -0 vote:
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31 Commissioner Palmer: Yea
32 Yea Commissioner Birts: Yea
33 Commissioner Beckman: Yea
34 Vice Mayor Wiscombe: Yea
35 Mayor Feliu: Yea
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38 At this time Commissioner Beckman requested to be allowed to
39 introduce the following `emergency' resolution relating to the
40 installation of a three -lane signalized intersection at SW 64th
41 Street and SW 67th Avenue; he said about the item to be time
42 sensitive. He explained that we need to give some type of
43 direction to the County because they are working on the project
44 right now.
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46 Mayor Feliu asked for clarification of what constitutes an
47 emergency item. Counsel Figueredo explained that the Code of
48 Ordinances provide that no agenda item may be put on without
49 three votes of the Commission; that language does not use the
REGULAR CITY COMMISSION 14
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1 word `emergency'; therefore, you necessarily do not have to have
2 an emergency; you just have to decide that you want to take the
3 item on. Typically, Counsel Figueredo continued, it has been the
4 practice of this Commission to take on emergency items only; but,
5 the Code does provide the latitude to consider introducing an
6 item provided there are at least three votes of the Commission.
7
8 Moved by Mayor Feliu, seconded by Commissioner Palmer, the
9 motion to add the following resolution to the agenda passed by a
10 3 -2 vote:
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12 Commissioner Palmer: Yea
13 Yea Commissioner Birts: Nay
14 Commissioner Beckman: Yea
15 Vice Mayor Wiscombe: Nay
16 Mayor Feliu: Yea
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19 RESOLUTION (S)
20 (CONT'®)
21
22 96 -07 -12481
23 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE CITY MANAGER
25 TO WORK WITH MIAMI -DADE COUNTY TO INSTALL THREE LANE
26 SIGNALIZED INTERSECTION AT THE INTERSECTION OF SW 64TH
27 STREET AND SW 67TH AVENUE; PROVIDING FOR AN EFFECTIVE
28 DATE. 3/5
29 (Commissioner Beckman)
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31 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
32 approve this item.
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34 Commissioner Beckman said that even though the County had
35 presented the three -lane intersection, after the proposed
36 roundabout was rejected last year by the Commission, for some
37 reason they went back to the four -lane intersection.
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39 Vice Mayor Wiscombe said that he would like to have the
40 opportunity to go back and revisit the workshops and the
41 presentations to look at what was said.
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43 Moved by Commissioner Beckman, seconded by Commissioner
44 Palmer, the motion to extend the meeting until 11:30 p.m. passed
45 by a 5 -0 vote:
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47 Commissioner Palmer: Yea
48 Yea Commissioner Birts: Yea
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Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Moved by Commissioner Birts, seconded by Vice Mayor
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Commissioner Palmer: Nay
Yea Commissioner Birts: Yea
Commissioner Beckman: Nay
Vice Mayor Wiscombe: Yea
Mayor Feliu: Nay
With some further comments, the motion to approve this item
passed by a 3 -2 vote:
Commissioner Palmer: Yea
Yea Commissioner Birts: Nay
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Nay
Mayor Feliu: Yea
RESOLUTION (S) PUBLIC HEARING (S)
97- 07- 12482
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT
CODE FOR SPECIAL EXCEPTIONS FOR A MIXED USE DEVELOPMENT
PROJECT IN THE "SR (HD -OV) " SPECIALITY RETAIL (HOMETOWN
DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT SPECIAL
EXCEPTIONS TO SECTIONS 20 -7.8B, 20- 7.10B, 20 -7.11 IN
ORDER TO: (1) ALLOW A TOTAL LOT COVERAGE OF 85% OR
26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60% LOT
COVERAGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50% LOT
COVERAGE ON SW 74' STREET; (2) ALLOW A BUILDING TO
EXCEED THE MAXIMUM PERMITTED BUILDING SQUARE FOOTAGE OF
20,000 SQUARE FEET; (3) ALLOW A CURB CUT TO BE LOCATED
ON SW 59' COURT WHICH LOCATION IS NOT SHOWN ON THE
HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY
GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5
(Deferred 12119106; 01109107; 01118107; 02106107; 02120107; 3106107)
(City Manager)
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M
1 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
2 approve this item.
3
4 Mr. Perez presented the item, providing an overview of the
5 process since it has been going before the Commission and
6 subsequently deferred for the past six months. One of the most
7 important issues to be resolved was to obtain approval from FDOT
8 to permit a curb cut on South Dixie Highway.
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10 The Commission discussed condition no. 6 under Section 5 of
11 the resolution. There was concern about the mandatory left turn
12 for all traffic exiting from the parking garage on SW 59 Court.
13 Commissioner Beckman said that it would be difficult to predict
14 how the traffic will react when the time comes.
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16 At this time speakers were sworn in and the public hearing
17 was opened.
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19 Marcelo Fernandez from the 64 Development Corp. addressed
20 the Commission. He said that he understands the concerns of the
21 Commission but that he has tried to put the best plan together,
22 working with the City and with FDOT. He said that FDOT only talk
23 about statistics, traffic flaw and curb cuts because they are
24 engineers. He said that they recommended using two points of
25 entrance; the engineer recommended 74th instead of 59th. He went
26 back and requested 59th because the City and neighbors requested
27 that. He said that he has gone against the traffic study and
28 against the recommendations of the engineers in order to try to
29 accommodate everybody.
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31 Sharon McCain said that Mr. Fernandez has been very kind to
32 the neighbors and that he listened to them; she then spoke in
33 favor of the project.
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35 Moved by Commissioner Beckman, seconded by Vice Mayor
36 Wiscombe, the motion to extend the meeting until 12:00 p.m.
37 passed by a 5 -0 vote:
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39 Commissioner Palmer: Yea
40 Yea Commissioner Birts: Yea
41 Commissioner Beckman: Yea
42 Vice Mayor Wiscombe: Yea
43 Mayor Feliu: Yea
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45 Shirley Huebner urged the Commission to amend the resolution
46 by eliminating the 74th Street option and to approve the
47 resolution.
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49 With no further speakers the public hearing was closed.
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Moved by Mayor Feliu, seconded by Commissioner Beckman to
amend Section 5, subsection (2), line 49 on page 2 by deleting
"either the SW 59 Court or"' in the language. The motion to
approve the amendment passed by a 5 -0 vote:
Commissioner Palmer: Yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
Regarding a question on the advantages of having a
development agreement, Mr. Perez explained that they run for ten
years; however, both the City and the applicant have the right to
look at the agreement and if there is a need to extend it beyond
the ten years they can do that. Mr. Perez further explained that
in his professional opinion, a development agreement that is well
crafted and addresses the key issues could be very beneficial to
the City because you can go back and evaluate the progress on an
annual basis. In addition, after the fifth year the report not
only comes before the City Commission, but it also goes to the
Florida Department of Community Affairs to ensure that the
agreement is enforced based upon the conditions set forth.
Counsel Figueredo, regarding the need for an agreement said
that it is a good idea in the sense that it delineates people's
responsibilities providing better chance for compliance.
With no further comments from the Commission, the motion to
approve this item as amended passed by a 5 -0 vote:
Commissioner Palmer: Yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor_ Wiscombe: Yea
Mayor Feliu: Yea
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA PURSUANT TO LAND
DEVELOPMENT CODE SECTION 20- 5.19(E) (3) REQUESTING THE
ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR
A SINGLE FAMILY RESIDENCE LOCATED AT 6202 MILLER ROAD
WITHIN AN RS- 3(HP -OV), RESIDENTIAL SINGLE FAMILY
(HISTORIC PRESERVATION OVERLAY) ZONING DISTRICT
(CAMBRIDGE LAWNS HISTORIC DISTRICT) IN ORDER TO PERMIT
EXTERIOR RENOVATION AND EXPANSION OF SECOND FLOOR; AND
PURSUANT TO SECTION 20- 4.11(D) IN CONJUNCTION WITH THE
CERTIFICATE OF APPROPRIATENESS A REQUEST TO: (1) GRANT A
REGULAR CITY COMMISSION
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VARIANCE FROM SECTION 20- 3.5(E) TO ALLOW FOR LOT
COVERAGE TO BE 38% WHERE A MAXIMUM 30% IS PERMITTED;
(2) GRANT A VARIANCE FROM SECTION 20- 3.5(E) TO ALLOW A
SIDE STREET SETBACK OF 7 FOR THE FIRST FLOOR AND 12 FEET
FOR THE SECOND FLOOR WHERE 15 FEET IS REQUIRED FOR BOTH
FIRST AND SECOND FLOORS; PROVIDING AN EFFECTIVE DATE.4 /5
(City Manager)
Moved by Commissioner Palmer, seconded by Vice Mayor
Wiscombe to approve this item.
Mr., Youkilis presented this item, clarifying that the
application for this request was submitted prior to the McMansion
moratorium went into effect.
Counsel Figueredo, as it is with all quasi - judicial
hearings, asked the Commission as to whether anyone had received
any communication, either verbal or written relating to this item
that might have any influence on their decision. Some of them
received emails; however, the answer was that there has been
nothing that would influence on their decision with regard to
this item.
Moved by Mayor Feliu, seconded by Commissioner Palmer, the
motion to extend the meeting until the conclusion of the business
on the agenda passed by a 5 -0 vote:
Commissioner Palmer: Yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
The Commission expressed concern in general with the request
for variance, finding that the type of renovation that is being
proposed, which calls for an extensive increase in the square
footage of the house, will negatively impact the character of the
historic: designated neighborhood. Another question raised was
whether the Historic Preservation Board (HPB) has the authority
to grant variances of this nature. It was explained by Mr.
Youkilis that the City Code was amended a couple of years ago to
allow the HPB to approve variances on setbacks, and that they do
not have to prove hardship.
At this time the Mayor announced a recess.
As the meeting reconvened, the public hearing was opened and
speakers were sworn in.
REGULAR CITY COMMISSION 19
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1 The applicant's architect was unable to address the
2 Commission because he had not registered with the City Clerk.
3 Counselor Figueredo referred to the City's lobbyist ordinance,
4 which specifically says that an owner of a property or an
5 applicant speaking on their own behalf does not have to register
6 as a lobbyist. But once you retain someone as a lobbyist, you now
7 have to register as a lobbyist as well.
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9 The applicants addressed the Commission explaining in detail
10 the need that their family has to make the proposed additions to
11 the house.
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13 Jose Suarez said that the proposed addition changes the
14 character of the whole block consisting of small homes.
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16 Sharon McCain said that the proposal calls for approximately
17 a 4,000 sq. ft. house which is excessive for the neighborhood.
18 She said that this would not be consistent with a historic
19 designated neighborhood.
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21 Mai-ice Chael, a resident of Cambridge Lawns and a member of
22 the Planning Board said that the average house in Cambridge Lawns
23 is from 1000 -1500 square feet. She said that she is presently
24 making additions to her house and the total square footage when
25 finished will be about 2,000 square feet.
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27 Pat Shields, a long -time resident of Cambridge Lawns said to
28 be very familiar with the subject house, giving some background
29 informat =ion. She spoke in support of the applicant, and said that
30 everyone that she talked to was in favor of the renovation.
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32 Commissioner Palmer said that based on what the applicant
33 has staged, and because they have followed the direction given to
34 them by the board, that instead of denying the request, the fair
35 thing to do would be to defer the item so that it could go back
36 for reclassification.
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38 For clarification, Mr. Youkilis explained that if this
39 request is denied, the applicant then would have to wait a year
40 in order_ to reapply.
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42 Mr.. Dubey said that he has been working with professionals
43 for the passed two years; the HPB approved their request with the
44 only condition that at the end they would place a historical
45 plaque. In addition, Mr. Dubay said that when they started the
46 process they went to every single house in the neighborhood and
47 that there was only one neighbor against it. He said that they
48 have been trying very hard to comply with everything that has
49 been asked from them.
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Charlotte Dison, a member of the HPB, addressed the
Commission. She said that those homes could be rebuilt to be
comparable with the rest of the neighborhood.
Ms. Dubey also addressed the Commission; she said that they
would go back to the HPB and try again.
With no further speakers the public hearing was closed.
Moved by Commissioner Palmer, seconded by Vice Mayor
Wiscombe, the motion to send this item back to the Historic
Preservation Board to be reworked passed by a 5 -0 vote:
Commissioner Palmer: Yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
ORDINANCE (S) FIRST READING
(NONE)
COMMISSION REMARKS
The Commission was afforded to make comments.
There being no further business to come before this Body,
the meet =ing adjourned at 1:09 a.m.
Attest
Maria M., Menendez
City Clerk
REGULAR CITY COMMISSION
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21
Approved
Horace G. Feliu
Mayor