1a1 City of South Miami
2 Regular City Commission Minutes
3 October 5, 2010
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, October 5, 2010, beginning at
9 7:08 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were.present:
13 Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, and,
14 Commissioners Velma Palmer, Brian D. Beasley and Walter A.
15 Harris.
16
17 Also in attendance were: Deputy City Attorney Mark A.
18 Goldstein, Deputy City Clerk Nkenga Payne and City Manager
19 Hector Mirabile.
20
21 B. Moment of Silence: By Mayor Stoddard.
22
23 C. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
25
26 D. Presentations(s)
27
28 Swearing -In Ceremony for City Manager Hector Mirabile, PhD
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30
31 Recognition to the FY 2010 -2011 Budget & Finance Committee
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34 Recognition to the South Miami Police Explorers
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37 Digital Payment Technologies, Corp. Presentation
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40 With no further presentations this section was closed.
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CITY COMMISSION MINUTES 1
October 5, 2010
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Bnq
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
NONE
2. City Manager's Report (25 minutes)
(See attached report)
Mayor Stoddard requested a workshop to discuss the County's
design for traffic calming at SW 62nd Avenue and SW 42nd Street.
With some further comments the City Manager's Report ended.
3. City Attorney's Report
Mr. Feingold said that action is being taken to correct
existing conditions with regard to 5966 - 5970 South Dixie Hwy,
known as SW 64th Development Corporation.
In response to Commissioner Palmer's inquiry, Mr. Feingold
explained that the City Manager is entitled to give a contract
to whoever he chooses, but in the case of a multi - annual
contract he would have to come before this Commission for
approval.
With no further comments the City Attorney's Report ended.
PUBLIC REMARKS
(5 minutes)
David Tucker Sr. addressed the Commission regarding the
position of City Manager's duties and responsibilities.
Debbie Benitez with South Florida Urban Ministries
addressed the Commission by saying that this nonprofit
organization has been serving the community for over 35 years,
particularly helping children with free after- school tutoring,
mentoring, and with fun activities for the children.
Javier Banos addressed the Commission about traffic
problems with speeding motorists through SW 62nd Avenue and SW
42nd Street. With regard to the pension, he cautioned about
CITY COMMISSION MINUTES
October 5, 2010
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BT
reducing the investment rate of return lower than 7% because
this would be extremely expensive and will constitute a huge
financial impact for the City and for the employees.
Sharon McCain urged the Commission to vote against item no.
34 on the agenda; she then referred to the Farmers' Market
saying that she does not like the way it is being handled,
particularly with the proposed site which is the old inspection
station.
Archie Coats addressed the Commission with complaints
against the Police Department. Mayor Stoddard recommended Mr.
Coats to schedule an appointment to speak with the City Manager.
Frank Rodriguez addressed the Commission against proposed
new construction around his home.
Dick Ward addressed the Commission regarding the proposed
Murray Park Pool project, indicating that one of the main
concerns about the pool is future maintenance costs.
John Edward Smith referred to the much needed welcome signs
at the different points of entrance to the City.
Brad Cassel urged the Commission to revisit the new parking
contract and recommended holding a workshop for that.
Beth Schwartz said that she is pleased to learn that Chief
Martinez de Castro will be back doing the good job he used to do
while he was the Chief by combating crime in the City. About the
welcome signs she said that she would like to see one on US1 as
you enter the City. She also spoke in opposition to a proposed
high density project near residential homes.
With no further speakers this section was closed.
3. Commission Reports, Discussion & Remarks (25 minutes)
Commissioner Harris said that we need a sign for the
Community Center. He then reminded the public that we offer
recycling in the City and encouraged everybody to use it; we are
also collecting batteries at City Hall and at the Community
Center. He said that the City also should have a container for
recycling electrical appliances.
Commissioner Beasley thanked the Weed and Seed organization
for their event over the weekend; and for painting Mt. Olive
Church; they also have a tutoring program at Mt. Olive Church.
CITY COMMISSION MINUTES
October 5, 2010
3
PTE9
1 Commissioner Palmer said that this is a very good City and
2 that every other city has problems with crime particularly
3 during these difficult economic times.
4
5 Vice Mayor Newman referred to the Farmers' Market saying
6 that she believes that going with Earth Learning is a risk;
7 however, what they have to offer, if it works, it will be
8 something unique that nobody else has. She said that this was
9 the recommendation of the Board and that is mainly the reason
10 for which she is supporting it.
11
12 A COW for review of Commission action priorities was
13 scheduled by Mayor Stoddard for Tuesday, October 12, 2010 at
14 7:15 p.m. With regard to school green space and concurrency,
15 the Mayor said that their fields are considered part of our
16 green space for the purposes of concurrency, and some of the
17 schools have closed off their green space which means that they
18 are not available to our residents anymore; he said that he
19 would like that space opened and he asked staff to provide a
20 list of green spaces that are used in our concurrency
21 calculations. Mayor Stoddard spoke about possible restriping SW
22 62nd Avenue and that this will be discussed during a future COW
23 or workshop. He requested a copy of the Hospital agreement,
24 indicating that we need to keep in compliance with these
25 covenants and agreements.
26
27 With no further comments this section was closed and the
28 Mayor announced a 5- minute break.
29
30
31 RESOLUTION (S) PUBLIC HEARING (S)
32
33
34 206 -10 -13240
35 5. A Resolution of the Mayor and City Commission of the
36 City of South Miami, Florida relating to the issuance
37 of a Certificate of Appropriateness pursuant to
38 Section 20- 5.19(E) (3) of the Land Development Code to
39 permit new paving and fencing on a designated historic
40 single family building located at 6134 SW 56 Street
41 (Miller Drive)in the Cambridge Lawns Historic
42 District; providing an effective date. 3/5
43 (City Manager- Planning Dept)
44
45 Moved by Commissioner Beasley, seconded by Vice Mayor
46 Newman to approve this item.
47
CITY COMMISSION MINUTES 4
October 5. 2010
llaTt!
1
At this
time the public hearing was opened and closed with
2
no speakers.
207 -10 -13241
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19
6.
A Resolution of the Mayor and City Commission of
4
With no
further comments, the motion to
approve this item
5
passed by a 5
-0 vote:
authorization of the City Manager as signatory in
6
22
bank accounts; providing for an effective date.
7
23
Commissioner Palmer:
Yea
8
24
Vice Mayor Newman:
Yea
9
25
Commissioner Beasley:
Yea
10
26
Commissioner Harris:
Yea
11
27
Mayor Stoddard:
Yea
12
28
Ad Hoc Committee; providing for the extension
13
At this
time item no. 19 was pulled
from the Consent
14
Agenda.
(City Manager - Finance Dept)
15
31
16 (BEGINNING OF CONSENT)
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207 -10 -13241
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6.
A Resolution of the Mayor and City Commission of
the
20
City of South Miami, Florida, relating
to
21
authorization of the City Manager as signatory in
city
22
bank accounts; providing for an effective date.
3/5
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(City Manager- Finance Dept)
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208 -10 -13242
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7.
A Resolution of the Mayor and City Commission of
the
27
City of South Miami, Florida, relating to the Pension
28
Ad Hoc Committee; providing for the extension
of
29
membership; and providing an effective date.
3/5
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(City Manager - Finance Dept)
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209 -10 -13243
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8.
A resolution of the Mayor and City Commission of
the
34
City of South Miami, Florida, relating to boards
and
35
committees; appointing Bickley F. Simpson to serve on
36
the Green Task Force for a two -year term ending
37
October 4, 2012; and providing an effective date.
3/5
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(Vice Mayor Newman)
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210 -10 -13244
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9.
A resolution of the Mayor and City Commission of
the
42
City of South Miami, Florida, relating to boards
and
43
committees; appointing Marice Chael to serve on
the
44
Citizens Advisory Group (Community Gardens & Farmers
CITY COMMISSION MINUTES 5
October 5, 2010
Maf!
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Market) for a two -year term ending October 4, 2012;
2
and providing an effective date. 3/5
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(Mayor Stoddard)
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211 -10 -13245
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10.
A resolution of the Mayor and City Commission of the
7
City of South Miami, Florida, relating to boards and
8
committees; appointing Daisy Harrell to serve on the
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Citizens Advisory Group (Community Gardens & Farmers
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Market) for a two -year term ending October 4, 2012;
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and providing an effective date. 3/5
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(Commissioner Palmer)
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212 -10 -13246
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11.
A resolution of the Mayor and City Commission of the
16
City of South Miami, Florida, relating to boards and
17
committees; appointing Gray Read to serve on the
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Citizens Advisory Group (Community Gardens & Farmers
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Market) for a two -year term ending October 4, 2012;
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and providing an effective date. 3/5
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(Commissioner Beasley)
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213 -10 -13247
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12.
A resolution of the Mayor and City Commission of the
25
City of South Miami, Florida, relating to boards and
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committees; appointing Pam Lahiff to serve on the
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Citizens Advisory Group (Community Gardens & Farmers
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Market) for a two -year term ending October 4, 2012;
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and providing an effective date. 3/5
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(City Commission)
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214 -10 -13248
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13.
A resolution of the Mayor and City Commission of the
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City of South Miami, Florida, relating to boards and
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committees; appointing Lisa Yoss to serve on the
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Citizens Advisory Group (Community Gardens & Farmers
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Market) for a two -year term ending October 4, 2012;
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and providing an effective date. 3/5
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(Vice Mayor Newman)
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215 -10 -13249
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14.
A resolution of the Mayor and City Commission of the
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City of South Miami, Florida, relating to boards and
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committees; appointing Annick D. Sternberg to serve on
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the Citizens Advisory Group (Community Gardens &
CITY COMMISSION MINUTES 6
October 5, 2010
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Farmers Market) for a two -year term ending October 4,
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2012; and providing an effective date. 3/5
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(Commissioner Harris)
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216 -10 -13250
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15.
A resolution of the Mayor and City Commission of the
7
City of South Miami, Florida authorizing the City
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Manager to enter into a mutual aid agreement with the
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City of Miami Police Department for general and
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specific law enforcement duties on behalf of the City
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of South Miami Police Department pursuant to Section
12
23.1225(3), Florida Statutes; providing for an
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effective date. 3/5
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(City Manager- Police Dept)
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217 -10 -13251
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16.
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 permit Chamber South, a non - profit
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organization to hold their 39u' Annual South Miami Art
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Festival on November 6 -7, 2010, which would be held in
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the downtown South Miami area on Sunset Drive;
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providing for an effective date. 3/5
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(City Manager- Park /Rec Dept)
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218 -10 -13252
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17.
A Resolution of the Mayor and City Commission of the
28
City of South Miami, Florida authorizing the City
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Manager to transfer $3,057.42 from account # 001 -2020-
30
519 -6430 (Operating Equipment) to account # 001 -2020-
31
519 -4310 (Electricity) . This fund transfer will be
32
used to pay the Community Center's electricity bill;
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providing an effective date. 3/5
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(City Manager- Park /Rec Dept)
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219 -10 -13253
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18.
A Resolution of the Mayor and City Commission of the
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City of South Miami, Florida, authorizing the City
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Manager to contract with Verizon Wireless to provide
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the City with wireless telephone service; providing
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for an effective date. 3/5
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(City Manager- Finance Dept)
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Moved by Commissioner Beasley, seconded by Mayor Stoddard,
45 the motion to approve the Consent Agenda passed by a 5 -0 vote:
46
CITY COMMISSION MINUTES 7
October 5, 2010
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
(END OF CONSENT)
RESOLUTION(S)
:1 ant
Yea
Yea
Yea
Yea
Yea
220 -10 -13254
19. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, directing the City
Manager to negotiate an agreement with Earth Learning,
Inc., to establish and operate a farmer's market
within the City; and providing for an effective date.
(Mayor Stoddard) 3/5
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Commissioner Palmer pulled this item from the Consent in
order to verify whether the agreement will be coming before the
Commission for approval.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
221 -10 -13255
20. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to the hiring
freeze of all employees; rescinding Resolution No.
134 -10- 13168; providing an effective date. 3/5
(Mayor Stoddard)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
CITY COMMISSION MINUTES
October 5, 2010
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Commissioner Palmer asked
regarding this item. Mr. Feingold
freeze is temporary in nature.
Bnq
for further clarification
explained that the hiring
With some further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
21. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to execute an agreement with Digital Payment
Technologies, Corp.; a Canadian federal corporation
authorized to transact business in the State of
Florida to purchase thirty -eight (38) Parking Pay
Stations to be placed throughout the City of South
Miami, providing for an effective date. 3/5
(City Manager - Finance Dept.)
(This item was pulled from the agenda)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
22. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida amending the South Miami
Pension Plan, providing for an amendment to Section
16 -12, Definitions, to comply with current City policy
concerning the definitions of annual compensation,
final average compensation, department head, employee,
full time employee, participation and part -time
employee; amending Section 16- 14(f)(1)(b) to allow
retired participants to change a beneficiary up to two
times at the participant's cost in compliance with
Chapter 2009 -97, Laws of Florida; amending the City of
South Miami Police Officers Retirement Trust Fund to
provide for compliance with chapter 2009 -97, Laws of
Florida; amending Section 16 -171b1 to eliminate the 3%
interest payment on return of contribution; providing
for severability; providing for codification; and
providing for an effective date. 3/5
(City Manager - Pension Attorney)
(Deferred 8/03/10;9/07/10;9 /21/10)
CITY COMMISSION MINUTES
October 5, 2010
0
t-
1 Moved by Commissioner Palmer, seconded by Commissioner
2 Beasley to approve this item.
3
4 At this time the public hearing was opened.
5
6 Attorney James Casey addressed the Commission on behalf of
7 the Miami -Dade County Police Benevolent Association (PBA),
8 referring to a letter he wrote to the Commission on September
9 13th regarding the September 7th Commission meeting; his position
10 is that in regard to Sec. 16 -12, Definitions on page 3 of 9
11 dealing with final average compensation— excluding accrual such
12 as vacation, holiday pay, sick leave and compensatory time is a
13 matter of collective bargaining and should therefore be stricken
14 from this ordinance and allow to proceed to collecting
15 bargaining where those matters are more properly decided; he
16 added that the 3% end of the year investment is also a matter of
17 collective bargaining.
18
19 Brad Cassel then went over the proposed changes in the
20 ordinance.
21
22 With no further speakers the public hearing was closed.
23
24 With some further comments, the motion to substitute this
25 item, and to be brought back at the next regular meeting passed
26 by a 5 -0 vote:
27
28 Commissioner Palmer: Yea
29 Vice Mayor Newman: Yea
30 Commissioner Beasley: Yea
31 Commissioner Harris: Yea
32 Mayor Stoddard: Yea
33
34
35 32 -10 -2057
36 23. An Ordinance of the Mayor and City Commission of the
37 City of South Miami, Florida, relating to an amendment
38 to the South Miami Code of Ordinances Section 15C -1
39 entitled "Valet Parking Permits for Use of Public
40 Property" in order to remove a provision in Sec.
41 15C- 1(2)(b) which sets forth a specific rental fee for
42 use of public on- street curbside spaces; the rental
43 fee to be placed in the City's Permit Fee Schedule;
44 providing for severability; providing for ordinances
45 in conflict; and providing an effective date. 3/5
46 (City Manager- Planning Dept)
47
CITY COMMISSION MINUTES 10
October 5, 2010
m1a t!
I Moved by Commissioner Beasley, seconded by Commissioner
2 Palmer to approve this item.
3
4 At this time the public hearing was opened.
5
6 Sharon McCain asked for clarification regarding whether the
7 fee will remain the same. Mayor Stoddard explained that the
8 change in the fee will be reflected in the fee schedule
9 ordinance to come before the Commission at a later date.
10
11 With no further speakers the public hearing was closed.
12
13 With no further comments, the motion to approve this item
14 passed by a 5 -0 vote:
15
16 Commissioner Palmer: Yea
17 Vice Mayor Newman: Yea
18 Commissioner Beasley: Yea
19 Commissioner Harris: Yea
20 Mayor Stoddard: Yea
21
22 33 -10 -2058
23 24. An Ordinance of the Mayor and City Commission of the
24 City of South Miami, Florida, amending the text of the
25 South Miami Comprehensive Plan, by amending the
26 Comprehensive Plan Future Land Use Element in order to
27 adopt a new future land use map category entitled
28 "Mixed Use - Affordable Housing (Two story)" which in
29 the future could be applied to development projects
30 providing affordable housing units and commercial
31 uses; providing an effective date; providing for
32 severability, providing for ordinances in conflict;
33 and providing an effective date. 4/5
34 (City Manager - Planning Dept)
35
36 Moved by Commissioner Beasley, seconded by Vice Mayor
37 Newman to approve this item.
38
39 At this time the public hearing was opened and closed with
40 no speakers.
41
42 With no further comments, the motion to approve this item
43 passed by a 5 -0 vote:
44
45 Commissioner Palmer: Yea
46 Vice Mayor Newman: Yea
47 Commissioner Beasley: Yea
CITY COMMISSION MINUTES 1 1
October 5, 2010
1 Commissioner Harris: Yea
2 Mayor Stoddard: Yea
3
4 34 -10 -2059
5 25. An Ordinance of the Mayor and City Commission of the
6 City of South Miami, Florida, amending the Land
7 Development Code Section 20 -3.1 entitled "Zoning Use
8 Districts and Purposes" and amending Section 20- 3.3(D)
9 entitled "Permitted Use Schedule" and Section 20-
10 3.5(F) entitled "Dimensional Requirements Multi- Family
11 Districts" in order to create a "MU -AH", Mixed Use -
12 Affordable Housing (Two story) Zoning Use District and
13 to describe the purpose of the district, set forth
14 uses permitted, and establish dimensional
15 requirements, all for a zoning use district which in
16 the future could be applied to development projects
17 providing affordable housing units and commercial
18 uses; providing for severability, providing for
19 ordinances in conflict; and providing an effective
20 date. 3/5
21 (City Manager- Planning Dept)
22
23 Moved by Commissioner Beasley, seconded by Vice Mayor
24 Newman to approve this item.
25
26 At this time the public hearing was opened and closed with
27 no speakers.
28
29 With no further comments, the motion to approve this item
30 passed by a 5 -0 vote:
31
32 Commissioner Palmer: Yea
33 Vice Mayor Newman: Yea
34 Commissioner Beasley: Yea
35 Commissioner Harris: Yea
36 Mayor Stoddard: Yea
37
38 35 -10 -2060
39 26. An Ordinance of the Mayor and City Commission of the
40 City of South Miami, Florida, amending the Land
41 Development Code Section 20- 3.5(E), entitled
42 "Dimensional Standards Single Family Districts" by
43 transferring all provisions related to two story
44 single family structures to existing Section 20-
45 3.5(H), entitled "Special dimensional and performance
46 standards for two -story single structure and two -story
47 additions "; and making technical adjustments to
CITY COMMISSION MINUTES 12
October 5, 2010
1 Section 20- 3.5(H); providing for severability;
2 providing for ordinances in conflict; and providing an
3 effective date. 3/5
4 (City Manager - Planning Dept)
5
6 Moved by Commissioner Beasley, seconded by Vice Mayor
7 Newman to approve this item.
8
9 At this time the public hearing was opened and closed with
10 no speakers.
11
12 With no further comments, the motion to approve this item
13 passed by a 5 -0 vote:
14
15 Commissioner Palmer: Yea
16 Vice Mayor Newman: Yea
17 Commissioner Beasley: Yea
18 Commissioner Harris: Yea
19 Mayor Stoddard: Yea
20
21 36 -10 -2061
22 27. An Ordinance of the Mayor and City Commission of the
23 City of South Miami Florida, amending the Future Land
24 Use Map of the South Miami Comprehensive Plan by
25 changing the future land use category from Mixed -Use
26 Commercial Residential (Four Story) to Parks and Open
27 Space for the three properties identified as a part
28 of the Murray Park Community Center located at 5845-
29 5855 SW 68th Street and 6731 SW 58th Place, and
30 legally described as Lots 10 thru 17, Block 8,
31 Townsite of Larkins (Folio Nos. 09- 4025 - 028 -0900, 09-
32 4025 - 028 -0910, 09- 4025 - 028 - 0920); providing for
33 severability; providing for ordinances in conflict;
34 and providing an effective date. 4/5
35 (City Manager- Planning Dept)
36
37 Moved by Commissioner Beasley, seconded by Vice Mayor
38 Newman to approve this item.
39
40 At this time the public hearing was opened and closed with
41 no speakers.
42
43 With no further comments, the motion to approve this item
44 passed by a 5 -0 vote:
45
46 Commissioner Palmer: Yea
47 Vice Mayor Newman: Yea
CITY COMMISSION MINUTES 13
October 5, 2010
1 Commissioner Beasley: Yea
2 Commissioner Harris: Yea
3 Mayor Stoddard: Yea
4
5 37 -10 -2062
6 28. An Ordinance of the Mayor and City Commission of the
7 City of South Miami Florida, amending the Future Land
8 Use Map of the South Miami Comprehensive Plan by
9 changing the future land use category from Single -
10 Family Residential (Two- Story) to Parks and Open Space
11 for the property identified as a part of the Murray
12 Park Community Center located at 5800 SW 66th Street
13 and legally described as Lot 1, Block 1, Larkins
14 Townsite (Folio No. 09- 4025 - 028 - 0010) ; providing for
15 severability; providing for ordinances in conflict;
16 and providing an effective date. 4/5
17 (City Manager- Planning Dept)
18
19 Moved by Commissioner Palmer, seconded by Commissioner
20 Beasley to approve this item.
21
22 At this time the public hearing was opened and closed with
23 no speakers.
24
25 With no further comments, the motion to approve this item
26 passed by a 5 -0 vote:
27
28 Commissioner Palmer: Yea
29 Vice Mayor Newman: Yea
30 Commissioner Beasley: Yea
31 Commissioner Harris: Yea
32 Mayor Stoddard: Yea
33
34
35 29. An ordinance of the Mayor and City Commission of the
36 City of South Miami Florida, amending the Future Land
37 Use Map of the South Miami Comprehensive Plan by
38 changing the future land use category from Single -
39 Family Residential (Two- Story) to Parks and Open Space
40 for the property identified as Van Smith Park
41 located at 7800 SW 59 Avenue (Folio No. 09- 4036 -039-
42 0020 and Folio No. 09- 4036 - 039 - 0025) ; providing for
43 severability; providing for ordinances in conflict;
44 and providing an effective date. 4/5
45 (City Manager- Planning Dept)
46
CITY COMMISSION MINUTES 14
October 5, 2010
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Moved by Commissioner Palmer,
to approve this item.
BT
seconded by Vice Mayor Newman
At this time the public hearing was opened.
Brad Cassel addressed the Commission referring to the
original agreement with the Van Smith family; he said that Mr.
Van Smith has a license on this property, and he questioned
whether this property is covered by homeowner's insurance; he
also questioned about the City's rights in the event that the
property is destroyed by a hurricane.
Mr. Youkilis said that this is a legal question that
doesn't relate to just changing the land use map.
Vice Mayor Newman said that she would be more comfortable
after reading the agreement.
Sharon McCain said that this park is not being maintained
as best as possible.
With no further speakers the public hearing was closed.
Vice Mayor Newman said that she would like for the City
Attorney to review the agreement and see what the liabilities
are to the City.
Moved by Commissioner Beasley, seconded by Vice Mayor
Newman the motion to defer this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
RESOLUTION (S) PUBLIC HEARING (S)
(CONTID)
222 -10 -13256
30. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to hire FirstSouthwest as the City's Financial
Advisor to analyze the City's financial position with
respect to bond re- financing; and providing an
effective date. 3/5
(City Manager- Finance Dept)
CITY COMMISSION MINUTES
October 5, 2010
15
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1 Moved by Commissioner Beasley, seconded by Commissioner
2 Palmer to approve this item.
3
4 At this time the public hearing was opened.
5
6 Brad Cassel addressed the Commission, saying that
7 FirstSouthwest is conducting the financial review at their own
8 expense; he said that Section B in the letter was left in case
9 there is something additional.
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11 With no further speakers the public hearing was closed.
12
13 With no further comments, the motion to approve this item
14 passed by a 5 -0 vote:
15
16 Commissioner Palmer: Yea
17 Vice Mayor Newman: Yea
18 Commissioner Beasley: Yea
19 Commissioner Harris: Yea
20 Mayor Stoddard: Yea
21
22 At this time the Mayor pulled the following items out of
23 order: 37, 35, 36, 32, 33, 34 and 31 (to be read in that order).
24
25
26 ORDINANCE (S) FIRST READING
27
28 31. An Ordinance of the Mayor and City Commission of the
29 City of South Miami Florida, amending the Future Land
30 Use Map of the South Miami Comprehensive Plan by
31 changing the future land use map category from Mixed-
32 Use Commercial Residential (Four Story) to Residential
33 / Limited Commercial District (Two Story) for an area
34 identified as all properties facing the west side of
35 SW 62 Avenue from SW 64th Street to SW 70th Street
36 including 6230 SW 69th Street said properties more
37 specifically legally described in Section 1 of this
38 ordinance; providing for severability; providing for
39 ordinances in conflict; and providing an effective
40 date. 4/5
41 (City Manager- Planning Dept)
42
43 Moved by Commissioner Beasley, seconded by Mayor Stoddard
44 and Commissioner Palmer to approve this item.
45
46 Mr. Vageline recommended an amendment to this ordinance in
47 order to remove two properties: 6230 SW 69 Street and 6201 SW 70
CITY COMMISSION MINUTES 16
October 5, 2010
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Street. The line that separates the two
use categories happens to pass through
edge of it which creates a problem.
pnq
different future land
the property along the
Moved by Vice Mayor Newman, seconded by Commissioner
Beasley, the motion to amend this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
With no further comments the motion to approve this item as
amended passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
32. An Ordinance of the Mayor and City Commission of the
City of South Miami Florida, amending the Future Land
Use Map of the South Miami Comprehensive Plan by
changing the future land use map category from Mixed -
Use Commercial Residential (Four Story) to Mixed Use -
Affordable Housing (Two Story) for an area identified
as a part of the proposed Madison Square Development
Project generally located at the southeast corner of
SW 64th Street and SW 60th Avenue and the southeast
corner of SW 64th Street and SW 59th Place including
properties more specifically legally described in
Section 1 of this ordinance; providing for
severability; providing for ordinances in conflict;
and providing an effective date. 4/5
(City Manager- Planning Dept)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
and Commissioner Palmer to approve this item.
With no further comments, the motion to approve this item
passed by a 4 -1 vote:
CITY COMMISSION MINUTES
October 5, 2010
Commissioner Palmer: Nay
Vice Mayor Newman: Yea
17
1 Commissioner Beasley: Yea
2 Commissioner Harris: Yea
3 Mayor Stoddard: Yea
4
5 33. An Ordinance of the Mayor and City Commission of the
6 City of South Miami Florida, amending the Future Land
7 Use Map of the South Miami Comprehensive Plan by
8 changing the future land use map category from Single -
9 Family Residential (Two Story) to Mixed Use - Affordable
10 Housing (Two Story) for five properties identified as
11 a part of the proposed Madison Square Development
12 Project located between 6443 -6487 SW 60th Avenue and
13 more specifically legally described as 6443 SW 60th
14 Avenue (Folio No. 09- 4025 -010- 0050); 6457 SW 60th
15 Avenue (Folio No. 09- 4025- 010 - 0060) ; (Folio No. 09-
16 4025- 010 - 0070) ; 6487 SW 60th Avenue (Folio No. 09-
17 4025 - 010 -0080) and 6443 SW 59th Place (Folio No. 09-
18 4025 -010- 0320) ; providing for severability; providing
19 for ordinances in conflict; and providing an effective
20 date. 5/5
21 (City Manager- Planning Dept)
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23 Moved by Commissioner Beasley, seconded by Commissioner
24 Harris to approve this item.
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26 Commissioner Beasley explained that the Madison Square
27 project is designed with these locations and if this is not
28 included it will interrupt the project.
29
30 With some further comments, the motion to approve this item
31 failed by a 4 -1 vote:
32
33 Commissioner Palmer: Nay
34 Vice Mayor Newman: Yea
35 Commissioner Beasley: Yea
36 Commissioner Harris: Yea
37 Mayor Stoddard: Yea
38
39 34. An Ordinance of the Mayor and the City Commission of
40 the City of South Miami, Florida relating to the fee
41 schedule, amending Ordinance 21 -09 -2013 as amended by
42 Ordinances to include a new Parking Division Fee
43 Schedule, increasing some parking fees, adding new
44 fees and deleting some fees from the schedule,
45 providing for severability, Ordinances in conflict,
46 and providing an effective date. 3/5
47 (City Manager- Finance Dept.)
CITY COMMISSION MINUTES 18
October 5, 2010
llaTt!
2 Moved by Commissioner Beasley, seconded by Mayor Stoddard
3 to approve this item.
4
5 With some further comments, the motion to approve this item
6 passed by a 5 -0 vote:
7
8 Commissioner Palmer: Yea
9 Vice Mayor Newman: Yea
10 Commissioner Beasley: Yea
11 Commissioner Harris: Yea
12 Mayor Stoddard: Yea
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14 35. An Ordinance of the Mayor and City Commission of the
15 City of South Miami, Florida, amending the text of the
16 South Miami Comprehensive Plan, by amending the
17 Comprehensive Plan Future Land Use Element in order to
18 adopt a new future land use map category entitled
19 "Low Density Affordable Multiple - Family Residential
20 (Two story)" which in the future could be applied to
21 development projects and properties providing
22 multiple - family housing units or town home units in
23 transitional residential areas; providing for
24 severability, providing for ordinances in conflict;
25 and providing an effective date. 4/5
26 (City Manager- Planning Dept)
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28 Moved by Commissioner Beasley, seconded by Mayor Stoddard
29 to approve this item.
30
31 At this time Mayor Stoddard moved to extend the meeting,
32 seconded by Commissioner Beasley, the motion passed by a 5 -0
33 vote:
34
35 Commissioner Palmer: Yea
36 Vice Mayor Newman: Yea
37 Commissioner Beasley: Yea
38 Commissioner Harris: Yea
39 Mayor Stoddard: Yea
40
41 With some further comments, the motion to approve this item
42 passed by a 4 -1 vote:
43
44 Commissioner Palmer: Nay
45 Vice Mayor Newman: Yea
46 Commissioner Beasley: Yea
47 Commissioner Harris: Yea
CITY COMMISSION MINUTES 19
October 5, 2010
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Mayor Stoddard:
Mf t,
36. An Ordinance of the Mayor and City Commission of the
City of South Miami Florida, amending the Future Land
Use Map of the South Miami Comprehensive Plan by
changing the future land use map category from Single -
Family Residential (Two Story) to Low Density
Affordable Multiple - Family Residential (Two story)
for three properties identified as a Community
Redevelopment Area Affordable Housing Site located at
the southeast corner of SW 64th Terrace and SW 61st
Court and more specifically legally described as (1)
Folio No.09- 4025- 000 -0850 located at 6488 SW 60
Avenue; (2) Folio No. 09- 4025 - 000 -0852 and (3) Folio
No.09- 4025 - 065 -0090 providing for severability;
providing for ordinances in conflict; and providing an
effective date. 5/5
(City Manager- Planning Dept)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Commissioner Beasley said that after listening to residents
concerns he would not support this item. Vice Mayor Newman
concurred with Commissioner Beasley.
With some further comments, the motion to approve this item
failed by a 0 -5 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Nay
Commissioner Beasley: Nay
Commissioner Harris: Nay
Mayor Stoddard: Nay
37. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to Chapter 5 of
the City Code, amending Sections 5 -2, 5 -2.1, 5 -2.2, 5-
2-3 and 5 -2.4 and creating 5 -2.5 through 5 -2.12 of the
Code of Ordinances entitled "Poultry and fowl ", now to
be entitled "Chickens "; providing for the maintaining
of well - mannered chickens under certain terms and
conditions; creating enforcement procedures; providing
for severability, ordinances in conflict, and an
effective date. 3/5
(Mayor Stoddard -City Attorney)
CITY COMMISSION MINUTES
October 5, 2010
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Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Mr. Feingold said that this seems to be a very well
accepted concept throughout the Country.
Mayor Stoddard said that when he was in Madison, Wisconsin
this summer he took what they call a "Coup Tour" where he had
the chance to see how they raise chickens in their backyards; he
said that in spite of being a very hot day there was no smell
and neighbors had no complaints.
Commissioner Palmer said that she agrees with the concept
that it is good to raise chickens; however, this is a small City
with small lots and it will become a nuisance when they cross to
the neighbor's home and destroy their flowers and vegetables.
Commissioner Beasley said that he would like to have more
research on the subject, and Vice Mayor Newman said that she has
a video showing how similar ordinances are being passed
throughout the Country.
With some further comments, the motion to approve this item
passed by a 4 -1 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
There being no further business to come before this Body,
the meeting adjourned at 11:13 p.m.
Attest Approved
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
October 5, 2010
M
Philip K. Stoddard
Mayor
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CITY OF SOUTH MIAMI
OFFICE MEMORANDUM
To: Honorable Mayor and City Commission
Date: October 5, 2010
From: Hector Mirabile, Ph.D., City Manager
Re: Manager's Report
The following is the my report for the commission meeting of October 5, 2010. Since this is my
first report to the Commission the period of reporting commenced on September 10, 2010 and
spans through October 1, 2010. The report is divided into two sections: Accomplishments and
status of Commission directives or issues.
1. Accomplishment.
a. Transitioned from an employee based Information Technology Section, under the
span of control of the city manager into an outsourced contract based service
provider. Initially they were brought in to manage the IT function replacing
Gremaf Reyes who separated from the City. Employees Bismark Figueroa and
Christian Moya were separated from employment and International Data
Consulting (IDS) were hired through a letter of agreement. The rationale for this
method of operations is that current IT service levels were not providing the
necessary support required by the City. Additionally, the anticipated savings is
approximately $99,063 based on 2009 budget figures which showed that fully
loaded personnel costs for IT was $264,063. IDC work is estimated at a cost of
$165,000 for the same time period of work with higher expertise. Including
b. New IT IDS successes: Review and provide recommendations for the disposition
of the existing IBM AS 400 system and the current Financial / Building
Department applications. Draw the city's LAN / WAN structure. Secure city's
data perimeter. Find all of the data circuits currently in use at the city. Implement
a new MS Exchange 2007 server and migrate mail from the Exchange 5.5 server
& the Exchange 2003 server to the new 2007 server. Recover via OnTrack
damaged Exchange 5.5 hard drives to allow retrieval of over 99% of the available
Exchange 5.5 mail boxes. Implement a Barracuda mail archive solution to allow
for the archival of existing and new mail as well as index mail for searches.
Perform the first SEC requested email search and provide results to city. Begin
consolidation of multiple domains and cleanup of fractured Active Directory
system.
c. Comprehensive Annual Financial Reporting for FY 2009 completed and is online
for review.
d. Code Enforcement Division conducted its first successful sting operation upon
7300 Investment LLC where an undercover code enforcement officer entered and
identified that it is possible to negotiate a parking lease with the owner's
representative for a possibly maxed out parking establishment. Also, a notice of
violation was provided to 64 development Inc. construction cite for standing
water. They remedied the problem.
e. Budget approved with no increase in mileage rate.
f. Selected Orlando Martinez de Castro as South Miami's new Chief of Police
pending lifting of hiring freeze this commission meeting and a negotiated contract
ratified by the City Commission on October 8, 2010.
g. Overhead microphones installed in the Commission Chambers.
h. Crime and Drug Enforcement: South Miami Police Department (SMPD) over the
past four weeks made five narcotic related arrests at several locations such as 64
street and 591h place, 64th street and 591h place, 64th street and 59th avenue, 681"
street and 61 court, and 64 terrace and 60th avenue. The arrests involved small
quantities of crack, powder cocaine, and a crack pipe.
i. Requisition for 165 25 MPH speed limit signs and accessories was signed on
October 4, 2010.
II. Commission directives or issues:
a. Crime and drug enforcement. Complaints continue being received as follows -
[NOTE: Police to conduct operations in conjunction with Code Enforcement to
displace the drug trade].
i. 5822 SW 62 Id Street and 5791 SW 62 d Terrace possible sale of crack
cocaine.
ii. 6534 SW 59" Court- narcotics sales in front of duplex.
iii. 6081 SW 64 Terrace - currently empty but reported to be broken into and
used as a drug house. [Referred to Code Enforcement for review as an
abandoned structure and police for narcotics interdiction].
iv. 5901 SW 62 Street -Sale of narcotics in the open.
v. 5891 SW 62 Street -Sale of marijuana.
vi. 6140 SW 64th Street - Narcotics sales.
vii. 6501 and 6500 SW 60th Avenue -Vacant houses, drug sales.
b. Murray Park Pool: The RFP for design/build was closed September 17, 2010.
The RFP packets were provided to the evaluation committee and they are
scheduled to meet on October 5, 2010. The Pool Operation RFP was scheduled to
go out this past Friday, but do to a delay in reviewing the final product it should
be able to go out this coming Friday, October 8, 2010.
c. Pension: The concept of pension reform is to provide the City of South Miami
with a stabilized, sustainable, and affordable pension system or alternative which
also provides the employees with a proper level of benefit for their future. The
current qualified defined benefit pension plan fails to meet the three basic criteria
and thus places great financial stress upon the City's ability to continue funding
without increasing taxes. The Pension ad hoc Committee is exploring various
courses of actions that the City could explore in conjunction with collective
bargaining.
43
e.
f.
3
Of critical interest is the proposed return on investments (ROI) for calculating the
plan's actuarial valuation in determining the required minimum Retirement Plan
payment. It is described in a GRS letter dated May 14, 2010, as 7.5% and I am
informed by the Chairman of the Pension Board that it will be reduced to 7 %. It
should be noted that the one, three, five, and ten year average annual market value
investment returns are 4.5%,1.0%,3.7%, and 2.7% respectively. This provides
for an overstatement in the actuarial analysis considering that the plan has a
current investment strategy which will probably not achieve the assumed 7.5% or
7% rates of return. Though using the 7.5% or 7% ROI versus a more realistic
figure, as determined by the various years average annual market value investment
returns, reduces the employees and City contribution as a percent of payroll it is
not keeping pace with the Unfunded Actuarial Accrued Liability and thus the
pension plan will remain unstable and unaffordable to the employees and the City.
As soon as the Pension ad hoc Committee identifies appropriate courses of action
to management as well as the Commission, staff will engage in negotiating this
aspect of the benefits with the unionized employees.
Parking reform: Staff is recommending raising the parking fee from $1 to $1.50
as well as installing Central Collections Pay Stations in an effort to provide
improved parking services as well as increasing revenues. Additionally, the City
is proposing a revised parking fee schedule which is in the October 5, 2010
agenda.
Green action plan -Staff is in the process of reviewing the DRAFT Green Task
Force Green Master Plan dated August 20, 2010. Manager signed agreement and
a requisition for $4,980 issued on September 28, 2010 for M2E Consulting
Engineers. This project is an energy audit for City Hall.
Master Park Plan: I am informed by staff that a true master plan for all parks
within South Miami was not created but that the topic of "Master Park Plan" is for
the South Miami Park. The South Miami Park Master Park Plan does exist and
the Parks Department will be digitizing it for dissemination should members of
the commission or general public wish to review. Since major development of
any park requires capital funding the capital improvement plan shows South
Miami Park funding through Florida Recreation Development Assistance Program
(FRDAP) for FY 2012, 13, and 14 at $200,000 each FY which requires a scaled
matching by the City. It should be noted that the location of South Miami Park
provides limited benefit to the South Miami community and more to the
unincorporated Miami -Dade County homeowners surrounding the park. Unless
the probability of annexing the properties surrounding the park is a viable possible
alternative then other alternatives to the use of the property should be discussed
and analyzed.
g. South Miami Park neighbor relations: a. Issue- Soccer balls crashing into the
fences, Action -moved the two (2) larger age groups away from the edge of the
park property and away from area slopes; approximately 50 -75 feet away towards
the center of the field. b. Issue -Not enough parking for the number of games.
Action -New vendor running the soccer program at this park scheduled games so
that parking would not be an issue and crowd control would be a minimum. C.
Issue -Not enough parking during soccer games. Cause: The fields are rented to
another vendor with approximately 35 players on Sundays. Staff coordinated with
vendors to ensure parking and crowd control is not an issue. This action is closed.
h. Traffic Calming completion: Neighborhood Traffic Calming Study was
prepared by Kimley -Horn and Associates, Inc. on April 2010, for the
neighborhood bounded by SW 57th Avenue (Red Road) to the east, SW 62nd
Avenue to the west, SW 74th Street to the north, and SW 80th Street to the south,
aka Pinecrest Villas as well as Traffic Calming Plans for Mango Terrace and SW
63rd Court (5900 & 6040). Funding for Pinecrest Villas through PTP -[$25K
FY1l; $210,000 FY12; $188,500 FY13]. Funding for Mango Terrace through
PTP [$195K FYI 1]. Funding for SW 64th Street through SMCRA [$25K FYI l
and $270K FY12]. Funding for Cocoplum Terrace through PTP [$45K FYI l and
$155K FY12]. Reprioritization of the plan is possible but each project must be
evaluated to ensure greatest potential benefit, safety, and efficient use of dollars.
Request for proposal (RFP /Q) will be submitted and evaluated in order to
determine planned actual costs for each of the projects. Only then can we
determine the reprioritization of the projects.
i. Police neighbor relations: The concept of Community Oriented Policing is an
essential aspect of my administration and as soon as the new Chief of Police
comes on board, it will be established.
j. Dog Park: Staff conducted surveys of the neighbors surrounding Dison, Van
Smith, and Dante Fascell Parks with results reflecting displeasure of the idea. A
survey of Fuchs Park neighbors is needed in order to identify the desire of the
surrounding neighbors. Depending on the results of the last survey as well as the
finances available a determination of the viability of this project will be made.
k. Police- Analysis of size of the work force and associated costs - Assigned to
Police with a due date of 3 November 2010.
1. Road repair schedule: The following are identified roads needing resurfacing
due to damage or deteriorated asphalt surfaces:
1. SW 82nd St from SW 60th Ave to SW 62 Ave
2. SW 57 Court from SW 74 Street to SW 74 Terrace
3. SW 74 Terrace from SW 58 Avenue to SW 59 Avenue
4. SW 59 Avenue from SW 74 Street to SW 80 Street
5. SW 76 Street from SW 58 Avenue to SW 59 Avenue
6. SW 76 Terrace from SW 58 Ave. to end of cul -de -sac
7. SW 77 Terrace from Red Road to SW 59 Avenue
8. (SW 77 Terrace and 58 Ave. is a 4 -way stop intersection)
9. Brown Drive from SW 58 Court to SW 59 Avenue
10. SW 58 Court from Brown Drive to SW 80 Street
11. Brown Drive from SW 57 Court to SW 58 Avenue
12. SW 57 Court from Brown Drive to SW 80 Street
13. SW 62 Terrace from SW 60 Ave. to SW 62 Avenue
14. SW 63 Street from SW 60 Avenue to SW 62 Avenue
15. SW 63 Terrace from SW 60 Ave. to SW 62 Avenue
16. Commerce Lane
17. Progress Road
18. SW 58 Place
19. SW 69 Street
20. SW 62 Avenue from US 1 to SW 78 Street
21. SW 65 Avenue from SW 61 Terrace to SW 64 Street
22. SW 68 Street from SW 64 Place to SW 65 Avenue
23. SW 64 Street at SW 59 Avenue (North side)
24. SW 42 Street from SW 61 Avenue to SW 62 Avenue
25. SW 78 Street from SW 57 Court to SW 58 Avenue
Numbers 3 and 4 are part of Citywide Drainage phase VI
The Department of Public Works will be preparing an RFP for the selection of the
most responsive and responsible bidder with the best price. Once a selection is
made the road repairs will be made as budgeted.
m. Updating City email list -The email listing is being updated on a routine basis by
IDS. As employees having contact with vendors or external resources leave the
city they will remain in our listing for a period of 30 days or until such time as a
new person is hired to replace them. The old email address will be migrated
towards the new employees' address so we do not loose contact with vendors.
n. Dog "Pooper Scooper" Ordinance: Working this issue. We are looking at the
Miami -Dade County's and other municipalities ordinances so as to create a model
ordinance on this issue.
o. Welcome to South Miami signs: A rendering was done for a City sign proposed
for the City Hall pond area during the Sunset Improvements Phase I & II. C3TS is
supposedly working on using the same type sign feature for the City's entry point.
Public Works requested for C3TS to provide us with any information on this
matter.
p. Stop Signs: A list of requested stop sign implementation of the following
addresses was submitted by Mr. Armand to Esther Calas, Miami -Dade County
Public Works Department, on August 24, 2010:
62 Court from 64 Street to 68 Street — SR 10 -86479 (FP)
62 Place from 64 Street to 58 Street — SR 10 -86482 (FP)
63 Avenue from 64 Street to 58 Street — SR 10 -86484 (FP)
63 Court from 64 Street to Miller Drive — SR 10 -86486 (FP)
64 Avenue from Miller Dr. to 54 Street — SR 10 -86487 (AS)
64 Avenue from 48 Street to 52 Street — SR 10- 86488(AS)
65 Avenue from 61 Street to Miller Dr. - SR 10 -86489 (FP)
60 Avenue from 61 Street to Miller Dr. - SR 10 -86490 (FP)
58 Avenue from 50 Street to Miller Dr. — SR 10- 86491(AS)
58 Avenue from 52 Terrace to 53 Terrace - SR 10- 86492(AS)
Miami -Dade County (Ellen Keeney) responded on August 25, 2010, that they will
initiate traffic studies along these corridors. They expect the written response to
be available within six to eight weeks or between 8 October and 22 October 2010.
Staff will monitor.
6
END OF MEMORANDUM