1 2 3 City of South Miami Regular City Commission Minutes 5 The following members of the City Commission were present:, 6,,, 8 Also in attendance were: City Attorney Thomas F. Pepe, Esq., City Manager Hector 9 Mirabile, Ph.D, and City Clerk Maria M. Menendez, CMe. l~ A. SILENCE OR TURN OFF ALL CELL PHONES B. ADD-ON ITEM(S) e. ROLL CALL D. MOMENT OF SILENCE 18 19 By Mr. Olive Church Pastor Rodney James. 20 21 addressed the audience with the sad news of a young friend 22 who had lost her battle against cancer. 2~ f:. PLEDGE OF ALLEGIANCE F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITH THE CITY CLERK G. PRESENTATIONS a) Employee of the Month 31 32 This presentation was cancelled. ~~ 35 hl South Miami Drug-Free Coalition presentation to the South Miami Police Explorers 1
1 Director of South Miami Drug-Free Coalition, Margaret Sotham, conducted a 2 presentation recognizing the good work of the Explorers a 5 6 8 fl Legislative Report by Fausto Gomez City Lobbyist Fausto Gomez presented the End-of-Session Legislative Report. H. APPROVAL OF MINUTES a) Minutes of March 20, 2012 11 12 Moved by, seconded by, the motion to defer 13 APPROVAL OF MINUTES passed by a 5-0 vote: 1 I. CITY MANAGER'S REPORT 1 18 The City Manager's Report is posted on the City's website under the City Manager's 19 Department. 2~ 22 23 2 2~ J. CITY ATTORNEY'S REPORT Regarding the Moya case-discoveries almost complete; Engaged on arbitration concerning the dismissal of a police officer. K. PUBLIC REMARKS 2 28 Javier Banos referred to the pool issue, saying that there are already enough pools 29 in the surrounding neighborhoods, and urged the commission to make informed decisions. 30 31 Yvonne Beckman referred to issues the City has with the YMCA; she then spoke 32 about the community pool project. 2
1 2 Former city attorney John de la Gloria addressed the Commission regarding a 3 pension issue that a couple of former police officers that he is representing have. 5 Hector Fernandez referred to the pool item requesting clarification, adding that he 6 is concerned with the fact that there is no design for the project. 8 South Miami Homeowners' Association Vice President Jim Dundorf also addressed 9 the pool issue. 10 11 Former City of South Miami Police Chief Perry Turner who worked for the City for 12 numerous years, addressed the Commission with various comments, and thanked Mr. Ward for 13 bringing up the issue with the pension. 1 15 David Romine, also former City of South Miami Police Officer who served the city 16 for 26 years, urged the Commission for help with his pension issue. 1 18 Claudia Hauri said that these are not the right economic times for the construction 19 of a community pool; she also said to be against the Hole in the Wall restaurant which would be 20 too close to residential. 21 22 Bill Gautman, also a former city employee addressed the Commission with the 23 same pension issue as previous speakers. 2 25 Brad Cassel, as a former pension board member addressed the issues with the 26 pension; he then spoke against the construction of the pool. 2 28 Sharon McCain spoke against the pool, urging the Commission to be fiscal 29 responsible. 30 31 Chris Cook-Yarborough said that he believes that the problem with the pool project 32 is the way in which it has been presented. 33 3 Antoinette Fischer spoke against the pool. 35 36 Teresa Burke spoke against the pool. 3 38 Fiona Kelleghan spoke against the item relating to the Hole in the Wall restaurant. 39 She then spoke in favor of the pool 3
1 2 Marcelo Fernandez referred to the item on the agenda relating to the 6 3 Development project assignment. 5 John Edward Smith made remarks on items, 11 and 13. He added that the ERPB 6 should be renamed as the "design review board". 8 Doris Hall addressed the Commission about the pool. 9 10 John Anderson addressed the Commission with issues relating to the absence of a 11 water hydrant in his neighborhood; he also spoke about the problem with traffic. 12 13 The following speakers addressed the Commission in support of the pool: Fred 1 Truby, Michael Miller, Dick Ward, Mt Olive Pastor Rodney James, Deltravis Williams, Sally 15 Philips, Pam Lahiff, Marice Chael, Simon Codrington, and Anick Steinberg. l~ L. COMMISSION REPORTS, DISCUSSION & REMARKS M. CONSENT AGENDA 22 1. A Resolution re-appointing Javier Banos to serve on the Pension Board for a two-year term ending April 1, 201. 3/5 () 23 Moved by, seconded by, the motion to 2 approve Resolution No. 0-12-1362 re-appointing Javier Banos to serve on the Pension Board 25 passed by a 5-0 vote: 26 2. A Resolution appointing Claudia Hauri to serve on the Planning Board for an unexpired term ending March 1, 2013. 3/5 ()
1 Moved by, seconded by, the motion to 2 approve Resolution No. 1-12-13628 appointing Claudia Hauri to serve on the Planning Board 3 passed by a 5-0 vote: 3. A Resolution supporting the repeal of the Florida Statute section 6.012, commonly known as the "Stand Your Ground" statute. 3/5 () 8 Moved by, seconded by, the motion to 9 approve Resolution No. 3-12-13630 supporting the repeal commonly known as the "Stand 10 Your Ground" statute, which was amended by to add the word "alleged" 11 on line 22, passed by a 5-0 vote: 12 15 16 1. A Resolution for the creation of a City of South Miami Business Improvement Liaison Commissioner. 3/5 () The Commission discussed this item and the majority was not in favor. 18 Moved by, seconded by, the motion to 19 approve the Resolution for the creation of a City of South Miami Business Improvement Liaison 20 Commissioner failed by a 2-3 vote: 21 5
2..:. A Resolution relating to the review and acceptance of the Annual Report of the RRC 5 Avenue LLC [Red Road Commonsl,on their mixed-use development project located at 600 SW 5 Avenue, pursuant to the Development Agreement between the City of South Miami and RRC 5 Avenue LLC. 3/5 (City Manager-Planning & Zoning) 3 Jerry Proctor, attorney representing the owner addressed the Commission 5 providing further information and answering questions of concern. 6 Moved by, seconded by, the motion to 8 approve Resolution No. -12-13631 relating to the review and acceptance of the Annual 9 Report of the Red Road Commons project located at 600 SW 5 Avenue passed by a - 1 10 vote: 11 6. A Resolution consenting to the attached Assignment marked as Exhibit 1, relating to the Annual Report ofthe 6 Development Corporation. 3/5 (City Manager-Planning & Zoning) 1 15 Moved by, seconded by, the motion to 16 approve Resolution No. 2-12-13629 consenting to the attached Assignment marked as Exhibit 1 1 passed by a 5-0 vote: 18 6
N. RESOLUTIONS. A Resolution providing the City Manager with instructions on how the City Commission desires the City Manager to proceed with regard to the proposed Murray Park Community Pool. 3/5 (City Manager) 5 6 The Commission discussed this item, finally deciding on the following motion. 8 Moved by, seconded by : the City Commission 9 commits to $50,000 per year for operating the pool for ten weeks, and that we seek for 10 supplemental funds from the CRA budget to extend the weeks of operation beyond that. The 11 motion passed by a -1 vote (Newman Nay). approved with the condition 12 that taxes will not be increased. 13 1 Moved by, seconded by, the motion to approved 15 as amended Resolution No. 5-12-13632 providing the, City Manager with instructions on how 16 to proceed with regard to the proposed Murray Park Community Pool passed by a - 1 vote: 1 O. RESOLUTION(S) PUBLIC HEARING(S) 22 8. A Resolution relating to a request for two variances from Section 20-3.5 of the City's Land Development Code requesting a variance of ten (10) feet from the required sixty (60) foot lot frontage and a variance of 125 square feet to minimum lot size of 6,000 square feet, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS- zoning district, 65 SW 60th Avenue, within the City's Community Redevelopment Area. /5 (City Manager-Planning & Zoning)
1 Moved by, seconded by, the motion to approve 2 Resolution No. 6-12-13633 requesting a variance on property located at 65 SW 60th Avenue 3 passed by a 5-0 vote: 9. A Resolution relating to the request for requesting a variance from Section 20-3.5 of the City's Land Development Code; requesting a variance of six (6) feet from the required sixty (60) foot lot frontage, to construct LEED Certified affordable housing on a nonconforming lot of record in an RS- zoning district, 6501 SW 60th Avenue, within the City's Community Redevelopment Area. /5 (City Manager-Planning & Zoning) 8 Moved by, seconded by, the motion to 9 approve Resolution No. -12-1363 requesting a variance on property located at 6501 SW 10 60th Avenue passed by a 5-0 vote: 11 10. A Resolution relating to a request pursuant to Section 20-3.(B)()(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 6208 S. Dixie Highway within the General Retail "GR" zoning district. /5 (City Manager-Planning & Zoning) 1 15 This item remained as Unfinished Business and will be brought back before the 16 Commission at the next regularly scheduled meeting. 18 P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) 8
11. An Ordinance amending the Land Development Code, Section 20-6.1 (C)(l)(a) and (b) and (3)(b) concerning membership and powers and duties of the Environmental Review and Preservation Board. 3/5 () 3 This item remained as Unfinished Business and will be brought back before the 5 Commission at the next regularly scheduled meeting. ~ 12. An Ordinance amending South Miami Code of Ordinances, Article I, Chapter 2, Sec. 2-2.1(K)(1) prohibiting the sending and receiving of electronic communication by a Commission member while the member is sitting on the dais during a Commission meeting. 3/5 () 8 9 This item remained as Unfinished Business and will be brought back before the 10 Commission at the next regularly scheduled meeting. H Q. ORDINANCE(S) FIRST READING 13. An Ordinance amending the South Miami Code of Ordinances, Article I, Section 2-2.1(G)(2), to authorize the Mayor to participate in the discussion and debate of all issues. () 3/5 15 16 This item remained as Unfinished Business and will be brought back before the 1 Commission at the next regularly scheduled meeting. H 1. An Ordinance amending South Miami Land Development Code, article VI, section 20-6.2 (A) and (B) concerning the procedures and stay of proceedings for the review of or appeals from the decisions of the Environmental Preservation and Review Board. 3/5 () 20 21 This item remained as Unfinished Business and will be brought back before the 22 Commission at the next regularly scheduled meeting. 1a 25 R. ADJOURNMENT 9
1 2 Attest Approved 3 Maria M. Menendez City Clerk Philip K. Stoddard Mayor 10