11-27-07 Revised Minutes 11-06-071 BTgN
2 City of South Miami
3 Regular City Commission Minutes
4 November 6, 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, November 6, 2007, beginning at
10 7:15 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 Eve Boutsis, 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 (NONE)
27
28
29 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
30
31
32 1. Approval of Minutes
33
34 Minutes of October 11, 2007
35
36
37 Moved by Vice Mayor Wiscombe, seconded by Commissioner
38 Birts, the motion to approve the minutes of October 11, 2007
39 passed by a 5 -0 vote:
40
41 Commissioner Palmer: Yea
42 Commissioner Birts: Yea
43 Commissioner Beckman: Yea
44 Vice Mayor Wiscombe: Yea
45 Mayor Feliu: Yea
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Minutes of October 16, 2007
Moved by Vice Mayor Wiscombe, seconded by Commissioner
Birts, the motion to approve the minutes of October 16, 2007
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
2. City Manager's Report
Property Tax Relief Update
Certificate of Achievement for Excellence in Financial
Reporting (GFOA).
• Ms. McKinley referred to a letter received from County
Manager George Burgess regarding Voluntary Municipal
Employee Poll Worker Pilot Project. She said she does
not feel comfortable with the idea of having City
employees getting involved with our elections, and
requested guidance from the Commission as to how to
proceed.
• Ms. McKinley then thanked everybody that was involved
in the preparation of the ceremony that was held on
November 5th Ceremony and Monument dedication in memory
of Officer Daniel Schultz. She also congratulated the
Police and Public Works for their good job with regard
to the Art Festival event that took place this past
weekend.
• Ms. McKinley reported that County Commissioner Gi_menez
has informed her that our request for CDBG funding has
passed. She will be providing complete information as
soon as she receives it. She then touched briefly on
the property tax update.
• Ms. McKinley also mentioned the Financial Achievement
Award that the City has received again this year.
• Mr. Balogun spoke about the monthly Financial Report,
indicating that the report is growing as the result of
the hard work of all the departments; he then referred
to the grants on which staff has been diligently
working on; and, the efforts of the MIS department
which is making possible to deliver our City Commission
live online.
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MINUTES - November 6, 2007
L
1 • Mayor Feliu said' he has approached Dr. Colsky with
2 regard to purchasing his property for the purpose of
3 converting it to a passive park.
4 • Ms. McKinley mentioned that she is looking into the
5 possible purchase of another property at SW 68th Avenue
6 and Sunset Drive.
7 • Commissioner Palmer urged the Mayor to remember to
8 enforce the rules of our Code of Conduct.
9
10
11 With no further comments, the City Manager's Report ended.
12
13
14 3. City Attorney's Report
15
16 Ms. Boutsis informed that Ms. McKinley had advised to pull
17 item no. 7 from the Consent Agenda for further review.
18
19 With no further comments, the City Attorney's Report ended.
20
21
22
23 PUBLIC REMARKS
24
25 David Tucker Sr. referred to Jean Willis Park as a lonely
26 place, urging the Commission to add some trees in order to make
27 it more attractive.
28
29 Cathy McCann also referred to Jean Willis Park. She
30 indicated that the trees were planted by the Flowering Tree
31 Association and that if contacted they might be able to provide
32 some cooperation. She then referred to the issue of the fee that
33 the Hospital paid the City with regard to the purchasing of
34 bonds, requesting further information on that issue.
35
36 Brad Cassel referred to the Health Facilities Authority with
37 regard to the Hospital's bond fee. With regard to the fee he said
38 that he does not believe that the money is being spent properly.
39 He also spoke about item no. 14 on the agenda relating to the
40 hire of a new financial auditor.
41
42 Mary Anderson referred to item no. 17 on the Agenda
43 regarding a historic designation; she said that she is the owner
44 and that she was asking for deferment. Counsel Boutsis explained
45 that the item was not for public hearing at this time and that
46 this was not the time or place to discuss it.
47
48 Dick Ward spoke about the sports programs of the City. As a
49 member of the Parks and Recreation Board, he said that the board
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is recommending the Director that we have only one football
program next year, the South Miami Gray Ghosts, and that every
effort be made to combine the Gray Ghosts leadership with that of
the South Miami Panthers leadership for the purpose of
integrating the football program.
Levy Kelly also referred to the sports program of the City.
Isabel Padron with the Miami -Dade Transit said to be in
attendance tonight regarding agenda item no. 17 relating to the
historic designation.
With regard to Ms. Padron's comments, Counselor Boutsis
advised that it is inappropriate to speak about an item that will
be up for public hearing later on.
John Edward Smith referred to agenda items no. 17 and 18.
Again, Counselor Boutsis advised against any form of
communication with members of the City Commission prior to the
public hearing regarding these items which are quasi - judicial. He
then referred to the way traffic is diverted when our streets are
closed due to the different festivals; he said that he has
requested in the past that the presenters hire off -duty police
officers to help pedestrians cross the street.
Sharon McCain referred to the Mayor's comment regarding
possible offer to purchase Dr. Colsky's property, adding that we
already have enough passive parks. With regard to the sports
programs she said that competition is a positive thing. She then
referred to the Art Festival, commenting that there was free beer
given out and that this should have not been allowed by the
organizers.
- With no further speakers the public remarks section was
closed, and the Mayor announced a 3- minute break.
As the meeting reconvened, Commissioner Beckman pulled item
no. 7 from the Consent: (Now item no. 11)
CONSENT
178 -07 -12563
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE STREET SWEEPING WORK ORDER WITH SOUTH
FLORIDA MAINTENANCE SERVICES, INC. IN AN AMOUNT OF
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MINUTES - November 6, 2007
IN
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$861136.00 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT'S
2
ACCOUNT NUMBERS 001 - 1730 - 541 -3450 AND 111 - 1730 - 541 -3450;
3
PROVINDING FOR AN EFFECTIVE DATE. 3/5
4
(City Manager)
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6
179 -07 -12564
7
5.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
8
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
9
MANAGER TO EXECUTE A SERVICE WORK ORDER FOR SUPERIOR
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LANDSCAPING & LAWN SERVICE, INC. FOR LANDSCAPING
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MAINTENANCE SERVICES IN AN AMOUNT OF $71,841.00 TO BE
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CHARGED TO ACCOUNT NUMBER 001- 1730- 541 -3450; PROVIDING
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FOR AN EFFECTIVE DATE. 3/5
14
(City Manager)
15
16
180 -07- 12565
17
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
18
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
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MANAGER TO EXECUTE A PURCHASE ORDER FOR THE PURCHASE OF
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3 TANDEM TRAILERS IN AN AMOUNT OF $15,000.00 FROM
21
SOUTHWEST TRAILERS, MFG., INC. TO BE CHARGED TO THE
22
PUBLIC WORKS DEPARTMENT ACCOUNT NUMBERS 001- 1730 -541-
23
6430 AND 001 - 1750 -519 -6430; PROVIDING FOR AN EFFECTIVE
24
DATE. 3/5
25
(City Manager)
26
27
181 -07 -12566
28
7.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
29
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
30
EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE COUNTY BY AND
31
THROUGH ITS DEPARTMENT OF HUMAN SERVICES FOR A MAXIMUM
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AMOUNT OF $18,400.00 FOR THE SENIOR MEALS PROGRAM;
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PROVIDING FOR AN EFFECTIVE DATE. 3/5
34
(City Manager)
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182 -07 -12567
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8.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
38
OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION
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MEETINGS; RESCHEDULING THE NOVEMBER 20, 2008 CITY
40
COMMISSION MEETING TO NOVEMBER 27, 2007; PROVIDING AN
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EFFECTIVE DATE. 3/5
42
(Mayor Feliu)
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44
183 -07 -12568
45
9.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
47
COMMISSION MEETINGS; RESCHEDULING THE JANUARY 1, 2008
REGULAR CITY COMMISSION 5
MINUTES - November 6, 2007
1 CITY COMMISSION MEETING TO JANUARY 8, 2008; PROVIDING AN
2 EFFECTIVE DATE. 3/5
3 (Mayor Feliu)
4
5 184 -07 -12569
6 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
8 COMMISSION MEETINGS; RESCHEDULING THE JANUARY 15, 2008
9 CITY COMMISSION MEETING TO JANUARY 22, 2008; PROVIDING
10 AN EFFECTIVE DATE. 3/5
11 (Mayor Feliu)
12
13 Moved by Commissioner Palmer, seconded by Vice Mayor
14 Wiscombe, the motion to approve the Consent Agenda passed by a 5-
15 0 vote:
16
17 Commissioner Palmer: Yea
18 Commissioner Birts: Yea
19 Commissioner Beckman: Yea
20 Vice Mayor Wiscombe: Yea
21 Mayor Feliu: Yea
22
23
24 RESOLUTION (S)
25
26 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
28 MANAGER TO PURCHASE ANNUITY POLICY FOR LISEA MERRICK IN
29 THE AMOUNT NOT TO EXCEED $102,000; PROVIDING FOR AN
30 EFFECTIVE DATE. 3/5
31 (City Manager)
32
33 Moved by Vice Mayor Wiscombe, seconded by Commissioner
34 Beckman to approve this item.
35
36 Commissioner Beckman pulled this item in order to allow the
37 attorney to conduct further review. He also mentioned that there
38 are $120,000 in that account, requesting that the difference of
39 $18,000 be put back in the Contingency account. Mr. Balogun
40 recommended waiting until the case be finalized.
41
42 Moved by Commissioner Beckman, seconded by Vice Mayor
43 Wiscombe, the motion to defer this item passed by a 5 -0 vote:
44
45 Commissioner Palmer: Yea
46 Commissioner Birts: Yea
47 Commissioner Beckman: Yea
48 Vice Mayor Wiscombe: Yea
49 Mayor Feliu: Yea
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MINUTES - November 6, 2007
I ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
2
3 30 -07 -1931
4 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
6 MANAGER TO PURCHASE A FORD F -250 PICK -UP TRUCK, A DUMP
7 TRUCK, WATER TRUCK AND A FORD F250 SERVICE TRUCK FOR
8 $202,944.17 AND ACCEPTING THE INTEREST RATE OF 4.15% FOR
9 THE FINANCING OF THE PUBLIC WORKS DEPARTMENT'S VEHICLES
10 THROUGH BANK OF AMERICA WITH THE FIRST YEAR'S
11 INSTALLMENT PAYMENT OF FIVE PAYMENTS NOT TO EXCEED
12 $43,954.86, TO BE CHARGED TO ACCOUNT NUMBERS 001 -1720-
13 534 -4455, 001 - 1730 - 541 -4455 AND 001- 1760 - 519 -4455;
14 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
15 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5
16 (City Manager)
17
18 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu to
19 approve this item.
20
21 Mr. Balogun presented this item.
22
23 Commissioner Beckman said that in the future he would like
24 to see a projected purchase list for the Police, Public`Works and
25 the Recreation departments. Mr. Balogun explained that we have a
26 five -year plan in place for all of these departments.
27
28 At this time the public hearing was opened and closed with
29 no speakers.
30
31 With no further comments or discussion, the motion to
32 approve this item passed by a 5 -0 vote:
33
34 Commissioner Palmer: Yea
35 Commissioner Birts: Yea
36 Commissioner Beckman: Yea
37 Vice Mayor Wiscombe: Yea
38 Mayor Feliu: Yea
39
40
41
42 ORDINANCE (S) THIRD READING PUBLIC HEARING (S)
43 (HONE)
44
45
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RESOLUTION (S) /PUBLIC NEARING (S)
185 -07 -12570
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST FOR SPECIAL
USE APPROVAL AS REQUIRED BY SECTION 20- 10.6(A)la OF THE
LAND DEVELOPMENT CODE TO INSTALL STEALTH WALL MOUNTED
TELECOMMUNICATIONS ANTENNAS SPECIFICALLY LOCATED ON A
BUILDING AT 8512 SW 57' AVENUE WITHIN A PLANNED UNIT
DEVELOPMENT (PUD) USE DISTRICT: PROVIDING FOR AN
EFFECTIVE DATE. 4/5
(City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
approve this item.
After speakers were sworn in, the item was presented by Mr.
Perez. The Commission then had an opportunity to ask questions
from staff.
Deborah Martohue, attorney representing the applicant (T-
Mobil) addressed the Commission with additional details on the
proposal for the installation of the three stealth wall - mounted
telecommunication antennas.
Brad Cassel had questions regarding certain documents, such
as the lease agreement, which he said were not in the packet; he
then said that this property does not pay taxes and urged the
Commission to make sure that this is a legitimate tax exempt
property; he wanted to know where the equipment cabinet will be
placed; he also raised a question regarding PUD with regard to
the property.
At this juncture Mr. Perez explained the application process
which entails going before the ERPB and the Building Department
for final approval. He also indicated that we are going through a
special use process and that there is also the telecommunication
Act of 1996 that is very clear on this issue, and there are two
other phases that we are going to have to go through before we
can get final approval.
Mr. Cassel continued, mentioning that the building was
constructed under court order for PUD, asking whether the court
order was approved for a non - profit facility.
Counselor Boutsis explained that it does not matter what the
PUD was approved for. The applicant is here tonight because they
are required to get a special use approval. As far as taxes or
'REGULAR CITY COMMISSION
MINUTES - November 6, 2007
1
1 anything else, we really have no control over that, and about the
2 PUD, it does not run with the person, it runs with the land.
3
4 Cathy McCann concurred with some of the concerns expressed
5 by the previous speaker. She then said that this property was
6 approved by court order for a school back in the 1990s before we
7 had cell towers; she said that we cannot ignore the fact that
8 this property is earning money and that such money should not be
9 considered non taxable. If we are going to allow churches, for
10 instance, to rent their parking spaces for money, it is only fair
11 that the public gets a certain percent of that tax money.
12
13 For clarification, Counselor Boutsis indicated that because
14 of franchise regulations we cannot be charging them; and as far
15 as the property taxes, that is not for consideration here, that
16 is a different discussion.
17
18 Sharon McCain questioned the need for the antennas in the
19 area. She then questioned why Gulliver which is the one not -for-
20 profit owner is not on the application. She then said that this
21 item should be deferred until all of the questions raised are
22 answered.
23
24 Counselor Boutsis indicated that Mr. Mandelstam is the owner
25 of record and that is why he has to sign off on the application.
26
27 Perry Cates spoke on behalf of the residents at Parkside
28 Village. He spoke with many concerns against the proposal as a
29 whole.
30
31 At this time Ms. Martohue addressed the Commission with her
32 rebuttal to the questions raised by the public.
33
34 Vice Mayor Wiscombe referred to a discrepancy on the
35 Planning Board minutes about the height of the antennas. Ms.
36 Martohue indicated that she had made the correction and that it
37 is reflected on the records.
38
39 Amy O'Rourke, Zoning Production Manager with Glotel Inc.,
40 (Agent for T- Mobile) addressed the Commission in response to a
41 question raised earlier by the Vice Mayor. She explained that
42 under the special use permit procedure provided by the City, in
43 the event that the applicant is unable to secure the 20% of the
44 owners' signature, they have the option of providing an affidavit
45 stating that they have notified at least 500 of the property
46 owners residing within 500 feet of the location. She said that
47 she personally noticed 100$ of property owners living within 500
48 feet and provided copies of the photo simulation and a complete
49 description of what they are proposing to do. In addition, she
50 said that she had to resubmit a second time because she
REGULAR CITY COMMISSION 9
MINUTES - November 6, 2007
1 erroneously listed the hearing date; therefore, they were
2 notified twice.
3
4 Vice Mayor Wiscombe requested from staff that in the future,
5 any information that the applicant submits should be included in
6 the packet so that the Commission has the opportunity to review
7 everything ahead of time.
8
9 With some further comments, the motion to approve this item
10 passed by a 4 -1 vote:
11
12 Commissioner Palmer: Yea
13 Commissioner Birts: Yea
14 Commissioner Beckman: Yea
15 Vice Mayor Wiscombe: Yea
16 Mayor Feliu: Nay
17
18
19 Mayor Feliu indicated that he voted against the proposal and
20 that he cannot explain the reasons because of the guidelines, but
21 that he does have an issue with the health and radio frequency
22 with children. He said that this is how he feels about it and
23 that he has been consistent with all stealth towers close to kids
24 or parks for that matter.
25
26
27 RESOLUTION (S)
28 (GONAD)
29
30 186 -07 -12571
31 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
32 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCIAL
33 AUDIT SERVICES, AUTHORIZING THE CITY MANAGER TO HIRE A
34 NEW FINANCIAL AUDITOR AND EXECUTE A TWO -YEAR AUDIT
35 CONTRACT WITH THE AUDIT FIRM OF RODRIGUEZ, TRUEBA & CO.,
36 P.A., WITH THE OPTION TO RENEW FOR ONE YEAR, IF SO
37 DESIRED BY THE CITY; AND PROVIDING FOR AN EFFECTIVE
38 DATE. (Deferred 10/16/0 7) 3/5
39 (City Manager)
40
41 Moved by Mayor Feliu, seconded by Commissioner Birts to
42 approve this item.
43
44 Finance Director Rassi presented the item. She indicated
45 that she chose Rodriguez Trueba after reviewing all three firms;
46 we had some trouble getting response to our RFP; we put out
47 another one in May of this year and received response from only
REGULAR CITY COMMISSION 10
MINUTES - November 6, 2007
1 one firm; we put it out again in July and received two more
2 firms, she added. She explained that since they all meet the
3 qualifications, her final analysis was based on the amount of
4 current jobs that they have and the price.
5
6 At this juncture, Counselor Boutsis recommended one
7 amendment to Section 2 of the resolution, by indicating that the
8 approval is for the City Manager to negotiate the contract.
9
10 Ms. Rassi further explained that once we have entered into a
11 contract with a firm, the price will not fluctuate; it will be
12 the price that they bid on the RFP as presented to the
13 Commission; and they all must provide the same scope of service
14 as required in the RFP. All three firms are very qualified;
15 Sharpton did have an additional million dollars in insurance;
16 however, Sharpton also has a long list of current projects which
17 would take time away from us, and that is how I based my final
18 decision, Ms. Rassi concluded.
19
20 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe and
21 Commissioner Birts, the motion to extend the meeting to 11:30
22 p.m. passed by a 5 -0 vote:
23
24 Commissioner Palmer: Yea
25 Commissioner Birts: Yea
26 Commissioner Beckman: Yea
27 Vice Mayor Wiscombe: Yea
28 Mayor Feliu: Yea
29
30 Ms. McKinley disclosed that she knows Mr. Sharpton who
31 served with her on the Expressway Authority and for that reason
32 she did not participate in the selection of the firms.
33
34 Commissioner Birts also disclosed that she knows Mr.
35 Sharpton.
36
37 Moved by Mayor Feliu to amend Section 2 of the resolution,
38 stating that the City Manager is authorized to negotiate the
39 service contract. Seconded by Commissioner Beckman, the motion to
40 approve the amendment and the resolution as a whole passed by a
41 5 -0 vote:
42
43 Commissioner Palmer: Yea
44 Commissioner Birts: Yea
45 Commissioner Beckman: Yea
46 Vice Mayor Wiscombe: Yea
47 Mayor Feliu: Yea
48
49
50
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1 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
2 (NONE)
3
4 ORDINANCE (S) FIRST READING
5
6 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2008
8 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR
9 GROUPS, II AND III; SCHEDULING THE DAY, PLACE AND TIME
10 OF THE ELECTION; PROVIDING FOR QUALIFICATION OF
11 CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS;
12 APPROVING THE OFFICIAL BALLOT; PROVIDING FOR
13 NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
14 CONFLICT, AND AN EFFECTIVE DATE. 3/5
15 (Mayor Feliu)
16
17 Moved by Mayor Feliu, seconded by Commissioner Palmer to
18 approve this item.
19
20 With no comments or discussion, the motion to approve this
21 item passed by a 5 -0 vote:
22
23 Commissioner Palmer: Yea
24 Commissioner Birts: Yea
25 Commissioner Beckman: Yea
26 Vice Mayor Wiscombe: Yea
27 Mayor Feliu: Yea
28
29
30 16. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
31 RELATING TO RESIDENTIAL PARKINIG; AMENDING THE SOUTH
32 MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 -99,
33 ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO
34 DESIGNATE CONTROLLED PARKING RESIDENTIAL ZONES;
35 PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING
36 CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING
37 PROCEDURE FOR DETERMINING CONTROLLED PARKING
38 RESIDENTIAL ZONES; PROVIDING ISSUANCE OF SPECIAL
39 PARKING PERMITS UPON APPLICATION; PROVIDING PRIVILEGES
40 AND RESTRICTIONS ON RESIDENTIAL PERMITS AND PROVIDING
41 PENALTIES; PROVIDING FOR SEVERABILITY; ORDINANCES IN
42 CONFLICT; AND AN EFFECTIVE DATE. 3/5
43 (City Manager)
44
45 Moved by Vice Mayor Wiscombe, seconded by Commissioner
46 Palmer to approve this item.
47
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MINUTES - November 6, 2007
1 Mayor Feliu said that he wants to see that the final product
2 of this ordinance be brought before the Parking Board to allow
3 them to review it and provide input, if any, to the Commission.
4
5 Commissioner Palmer moved to defer this item because the
6 minutes of the board were not included as back up; therefore, she
7 said not to have anything to support the item.
8
9 Mr. Balogun indicated that all the items addressed in this
10 ordinance were action items by the Board. They voted on every
11 item; they asked the attorney to be here and to make the changes
12 in the ordinance accordingly. He added that this affects the
13 revenue of the City until this ordinance is approved.
14
15 At the request of Commissioner Beckman, Commissioner Palmer
16 withdrew her motion to defer in order to allow him to make some
17 comments.
18
19 Commissioner Beckman said that instead of deferring he
20 wanted to kill this item and have them start over from scratch.
21 He said that we have this very small area to the south of the
22 Hometown district, which is just a few blocks, and what is wrong
23 with the proposal is that it is being divided into five areas,
24 going block by block. He said to agree that those residential
25 streets that have street parking, that parking should be reserved
26 for those residents that can prove that they live in the area;
27 however, he said that he does not think that we need to restrict
28 it street by street. He thinks that there should be only one zone
29 there, and those who live within the zone should get a permit.
30
31 Mr. Balogun explained that what we currently have, which is
32 one zone, is a nightmare and terrible for enforcement.
33
34 Moved by Commissioner Palmer to defer this item. The motion
35 died for lack of a second.
36
37 With some further comments, the motion to approve -this item
38 passed by a 3 -2 vote:
39
40 Commissioner Palmer: Nay
41 Commissioner Birts: Yea
42 Commissioner Beckman: Nay
43 Vice Mayor Wiscombe: Yea
44 Mayor Feliu: Yea
45
46
47 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
48 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
49 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI
50 LAND DEVELOPMENT CODE BY DESIGNATING A COMtv1ERCIAL
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1 BUILDING LOCATED AT 5893 SUNSET DRIVE AS AN HISTORIC
2 SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION
3 OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE
4 DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY;
5 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
6 EFFECTIVE DATE. 3/5
7 (City Manager)
8
9 Moved by Mayor Feliu, seconded by Commissioner Birts.
10
11 Mr. Perez presented this item. At the end of the
12 presentation, Mr. Perez said that the owner had just submitted a
13 letter requesting that the item be postponed indefinitely.
14
15 Moved by Commissioner Palmer, seconded by Mayor Feliu, the
16 motion to table this item indefinitely failed by a 2 -3:
17
18 Commissioner Palmer: Yea
19 Commissioner Birts: Nay
20 Commissioner Beckman: Nay
21 Vice Mayor Wiscombe: Nay
22 Mayor Feliu: Yea
23
24 Moved by Commissioner Beckman, seconded by Mayor Feliu, the
25 motion to extend the meeting to 12:00 a.m. passed by a 5 -0 vote:
26
27 Commissioner Palmer: Yea
28 Commissioner Birts: Yea
29 Commissioner Beckman: Yea
30 Vice Mayor Wiscombe: Yea
31 Mayor Feliu: Yea
32
33
34 Vice Mayor Wiscombe expressed concern about the possibility
35 of letting go one of the very few buildings that we can actually
36 claim as historic. He said that he did not like what is happening
37 because there it is seems to be pressure from the County in order
38 to go ahead with their plans for the construction of the overpass
39 which would require the location of the subject property.
40
41 Commissioner Palmer said to be concerned for various
42 reasons. First, she said that she does not think that government
43 should interfere with people's rights to their properties. She
44 then said that up until now nobody considered this building to
45 have any historical value.
46
47 Commissioner Beckman said that he got a last minute letter
48 from the owner saying that they are not in favor of this, but
49 with no specifics. He indicated that he would like for this to go
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1 to second reading in order to allow for public hearing so that he
2 could have a chance to sort all of this out. He then said that he
3 is very respectful of owners' rights and that he would like for
4 the owner to be present at the public hearing to make sure that
5 her concerns are legitimate. Therefore, he added that he could
6 not decide on this without a public hearing and after getting all
7 the information.
8
9 Vice Mayor Wiscombe said that he considers a direct
10 interference with this process the fact that the County has met
11 with the owner.
12
13 Mayor Feliu said that he wants to be consistent with voting
14 in favor of the property owner's decision.
15
16 Commissioner Birts said that she concurs with the Vice Mayor
17 with regard to the need to preserve history.
18
19 With some further comments, the motion to approve this item
20 passed by a 3 -2 vote:
21
22 Commissioner Palmer: Nay
23 Commissioner Birts: Yea
24 Commissioner Beckman: Yea
25 Vice Mayor Wiscombe: Yea
26 Mayor Feliu: Nay
27
28
29 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA, RELINING TO A REQUEST TO
31 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI
32 LAND DEVELOPMENT CODE BY DESIGNATING A C0104ERCIAL
33 BUILDING LOCATED AT 5700 SUNSET DRIVE AS AN HISTORIC
34 SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION
35 OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING -USE
36 DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY;
37 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
38 EFFECTIVE DATE. 3/5
39 (City Manager)
40
41 Moved by Mayor Feliu, seconded by Commissioner Palmer to
42 approve this item.
43
44 Mr. Youkilis presented this item.
45
46 Mayor Feliu asked for clarification regarding the impact
47 that changes in the use on parking spaces requirement.
48
49 Mr. Youkilis explained that the parking spaces requirement
50 does not apply to historic buildings. And even though they have
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we
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to obtain approval for a special use, the parking requirement
does not apply.
Commissioner Beckman said that the only thing he does not
like about that building is the panels on the second ,floor.
However, it was explained by staff that any exterior change would
disqualify the building for historic designation.
With some further comments, the motion to approve this item
passed by a 4 -1 vote:
Commissioner Palmer: Yea
Commissioner Birts: Nay
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
COMMISSION REMARKS
The Commission was afforded time to make comments.
There being no further business to come before this Body,
the meeting adjourned at 11:57 p.m.
Attest
Maria M. Menendez
City Clerk
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16
Approved
Horace G. Feliu
Mayor