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1 City of South Miami
2 Regular City Commission Minutes
3 May 3, 2011
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, May 3, 2011, beginning at 8:02
9 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: City Attorney Thomas F. Pepe, City
18 Clerk Maria M. Menendez and City Manager Hector Mirabile.
19
20 B. Moment of Silence:
21
22 Mayor Stoddard read what John Adams wrote 231 years ago, "I
23 must study politics and war so that my sons may have the liberty
24 to study mathematics and philosophy; my sons ought to study
25 mathematics and philosophy, geography, natural history, navel
26 architecture, navigation, commerce and agriculture, in order to
27 give their children the right to study painting, poetry, music,
28 architecture, statuary tapestry and porcelain." We quickly
29 forget what our forefathers taught us, the Mayor said, referring
30 to some of the negative decisions made at the state and federal
31 levels, such as selling the future of our children by defunding
32 public education. We must study politics and engage the
33 powerful, that our children may have the same opportunities to
34 study as today's graduates, or the opportunity to study at all.
35
36 C. Pledge of Allegiance:
37 The Pledge of Allegiance was recited in unison.
38
39 D. Presentations(s)
40
41 At this time Mayor Stoddard welcomed Mr. Thomas Pepe as our
42 new City Attorney.
43
44
CITY COMMISSION MINUTES 1
May 3, 2011
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1 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
2
3 1. Approval of Minutes
4
5
Minutes of April 19, 2011
6
7
Moved by Mayor Stoddard, seconded by Commissioner Beasley,
8
the
motion to approve the minutes of April 19, 2011 as amended
9
passed by a 5 -0 vote:
10
11
Commissioner Palmer: Yea
12
Vice Mayor Newman: Yea
13
Commissioner Beasley: Yea
14
Commissioner Harris: Yea
15
Mayor Stoddard: Yea
16
17
2.
City Manager's Report (25 minutes)
18
19
(See attached report)
20
21
With some further comments the City Manager's Report ended.
22
23
3.
City Attorney's Report
24
25
Mr. Pepe reported the following among other things:
26
27
•
Has met with the bond counsel and staff to discuss the
28
current negotiations that have been going on with regard to
29
the tax /bond issue; we are now at a point where there is no
30
more significant movement with regard to any settlement;
31
the matter must now come before the Commission at the next
32
Commission meeting by way of a resolution to authorize the
33
City Manager and City Attorney to finalize the negotiations
34
up to a certain amount;
35
•
Has received communication on the Bougainvillea property
36
with another offer, and asked for an executive session with
37
the Commission to discuss this issue;
38
•
He is working on depositions with regard to the litigation
39
relating to the Comprehensive Plan amendment that was
40
approved by the DCA.
41
•
Vice Mayor Newman at this time asked Mr. Pepe about the
42
status of the issue of malpractice suit being handled by
43
attorney Warren Trazenfeld against the former City
44
Attorney. Mr. Pepe said that he recently advised Mr.
45
Trazenfeld that we are getting close to resolving the IRS
46
matter; he needed to find out the number and what the
47
exposure was before he went much further with his aspect of
CITY COMMISSION MINUTES 2
May 3, 2011
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the case; he said that he will be able
Commission with more information at the next
MTEN
to provide the
meeting.
With some further comments, the City Attorney's Report
ended.
PUBLIC RENIA
(5 minutes)
Yvonne Beckman referred to documentation received by Dr.
Mirabile from DERM, showing that the applicant for the request
for approval of the interim parking lot on 62 d Avenue was not
truthful in presenting his case.
Bob Welsh referred to the cancelled meeting with South
Miami Hospital scheduled for last Thursday regarding Manor Lane
issues; he also spoke about a survey conducted among neighbors
regarding solving the problems with traffic along Manor Lane.
David Tucker Sr. addressed the commission about the
importance of truth and its impact throughout the history of
mankind.
Fred Truby said that the South Miami Hospital is planning
to expand its emergency room towards the west which will make it
closer to the Manor Lane neighborhood. He added that this was
approved many years ago by the City.
Rooney Brodie, Community Affairs Manager with the South
Miami Hospital addressed the Commission regarding the cancelled
scheduled meeting referred above and the purpose of that
meeting.
Sharon McCain said no to the request for $60,000 by the new
pool operator consultant. She also referred to the special
meeting to select a city attorney.
Mayor Stoddard, for the record, confirmed with the City
Manager that the scoring sheets for the selection of city
attorney were prepared by staff.
Dick Ward said that he is a founding member of the South
Miami Alliance for Youth, saying that he was extremely upset
when he was told that the organization had been accused of
stealing from the Weed and Seed; he said that this had to be the
result of false information given.
CITY COMMISSION MINUTES 3
May 3, 2011
1 Jerry Proctor, representing Larkin Hospital, addressed the
2 Commission about item no. 13 on the agenda, relating to the text
3 amendment for a new future land use map category entitled
4 Hospital /Clinic (Two- Story); he said that he is not sure about
5 the purpose of the ordinance or the category, and that there is
6 no other category in the Comprehensive Plan for hospitals; he
7 asked the Commission to reinstate a category that was in the
8 Comprehensive Plan language until 1997 and that he did not know
9 why the language was removed then.
10
11 Marice Chael addressed the Commission as a member of the
12 Green Task Force, speaking about an initiative in order to
13 obtain the national standard for bike friendly community; they
14 began gathering signatures making our city bike friendly, and
15 they aim to gather 500 signatures; she then asked the Commission
16 for their support.
17
18 John Edward Smith spoke in support of the Green Task Force
19 initiative because he has been a cyclist for many years now. He
20 then referred to item no. 14 on the agenda relating to "business
21 outside the building ", asking the Commission to give
22 consideration to an email sent to them by Mary Jane Mark.
23
24 With no further speakers this section was closed.
25
26
27 4. Commission Reports, Discussion & Remarks (25 minutes)
28
29
30 Vice Mayor Newman
31 • Referred to Mr. Ward's comments, saying that she does
32 not say things that she has not researched ahead of
33 time; there is a Memorandum of Understanding (MOU),
34 signed by Daisy Harrell on behalf of the Alliance of
35 Youth, giving the Weed and Seed a list of office
36 furniture and equipment; she said to have many
37 questions regarding these organizations, including the
38 Non - Violence Program, and recommended having a
39 workshop with representatives of all of these
40 organizations so that they may answer some of her
41 questions of concern;
42 • We have a real big problem with an outside
43 organization that applies for grant money in the name
44 of our City; she asked Mr. Pepe drafting a resolution
45 requiring that any grant that is being applied for in
46 the name of the City that it comes before the
47 Commission for approval. Mayor Stoddard concurred.
CITY COMMISSION MINUTES 4
May 3, 2011
711aTt
1 • Dr. Mirabile said that the resolution requested by the
2 Vice Mayor may be crafted directing the City Manager
3 that any and all grant applications, whereby the City
4 of South Miami has to be used as a reference or as an
5 entity, and that is not a City of South Miami
6 initiated application, that such application has to
7 come before the Commission for approval.
8
9 Commissioner Harris
10 • We had our first "movie night" and it was very
11 enjoyable - free movies and free popcorn; he thanked
12 staff, Baptist Health and Providence Road Church for
13 their help to make this new event a reality;
14 • Trying to get the community together to reach out to
15 Japan; he said that something similar could have
16 happened to us when Hurricane Andrew landed here with
17 the potential of causing a nuclear disaster at Turkey
18 Point.
19
20 Commissioner Palmer:
21 • Said that she is a member of this community as well
22 as a member of this Commission, and that she
23 represents the same people as the Mayor; she said
24 that she is concerned with the disrespectful behavior
25 the Mayor exhibits towards her and that she is very
26 disappointed; as an example, she said that when she
27 asked the Mayor tonight to call a question, he chose
28 to ignore her as if she did not exist. She said that
29 every member of the Commission deserves respect and
30 that she is not going to tolerate it any longer.
31
32 Commissioner Beasley:
33 • Referred to the negative comments expressed earlier
34 during public remarks; he clarified that the
35 evaluation sheets for the selection of city attorney
36 were prepared by the Purchasing Manager; as another
37 clarification, he said that Ms. Everett applied for
38 the position of city attorney two years ago and that
39 is when he met her.
40
41 Mayor Stoddard:
42 • Said that he meant no ill intent by ignoring
43 Commissioner Palmer when she asked him to call the
44 question; he was rather looking for answers in
45 Robert's Roles; "if you can call the question before
46 I have spoken I'll apologize for that too," he added.
CITY C0MMISSION MINUTES 5
May 3, 201.1
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llaTt
• The Green Corridor project advances - the City signed
on to the Green Corridor in January 2010; Cutler Bay
is taking the initiative on this; they put out an RFP
and chose the company White YGrene to run the PACE
district; the next step is for the cities to sign an
interlocal agreement that will allow the actual
creation of the PACE district, and then there will be
another step after that to get it working; we will
have before the Commission a resolution for the City
to sign on to the interlocal agreement; he went to a
meeting to learn more about this, and he was told
that they would send someone to our City for
providing further information; Dr. Mirabile
recommended having the organizers presenting the
information directly to the Commission at a future
WOL &b1lup;
• Said that he had the pleasure of seating with the
kids at South Miami High School together with
Commissioner Palmer; one of the requests was reducing
the drug use within the school; they were wondering
whether our Police Department could bring the dope
dog over; Dr. Mirabile explained some of the steps
that need to be followed by our Police Department in
conjunction with the Miami -Dade County Police
Department, the Miami -Dade County School, and the
school's principal;
• Referred to the comments made during public remarks
regarding the DERM report on the interim parking lot;
he said that organic hydrocarbons are those that
involve a six - carbon ring that shares electrons, and
that is not typically what is found in gasoline;
these are not found in gasoline today; they haven't
been for approximately 28 years, so this is probably
a pre- existing use of the site before it became a
parking lot; typically dry cleaning compounds would
be a source of aromatic hydrocarbons; it is serious
and it needs to be taken care for, but it is not
probably related to the parking lot condition;
• He then read a proclamation declaring
Neurofibromatosis Awareness Month across America.
At this time Vice Mayor Newman requested clarification
regarding the cancellation of the meeting scheduled with the
South Miami Hospital and Dr. Mirabile provided clarification; he
said that Mr. Lincoln Mendez had informed him that he would not
be able to attend because of the corporate run, and that he
would be more than happy to meet with residents over at the
Hospital;
CITY COMMISSION MINUTES
May 3, 2011
0
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1 Vice Mayor Newman said that the Commission acts as a body
2 and that she would not be amenable to meet one -on -one to discuss
3 anything with the Hospital; this needs to be done as a board.
4 She then requested from staff a monthly update on the first
5 Commission meeting of the month that includes all building
6 permits that have been submitted by the Hospital and how they
7 relate to the plans that were approved in their development
8 agreement. She said that this Commission will hold responsible
9 anybody who basically issues a building permit that is not
10 consistent with an approved plan.
11
12 Dr. Mirabile said that they will provide that; however, he
13 explained that staff is currently two months in arrears until
14 the installation of the new system is finalized.
15
16 At this time this session was closed and the Mayor
17 announced a 5- minute recess.
18
19 (BEGINNING OF CONSENT)
20
21
73 -11 -13387
22
5. A Resolution of the Mayor and City Commission of
the
23
City of South Miami, Florida, relating to budget;
24
authorizing a transfer of $5,010 from account
No.
25
001 -1310- 513 -3450, Contract Services to account
No.
26
001 - 1310 -513 -5230; providing and effective date.
3/5
27
(City Manager)
28
29
74 -11 -13388
30
6. A Resolution of the Mayor and City Commission of
the
31
City of South Miami, Florida, declaring that
the
32
attached lists of personal property are "surplus"
and
33
authorizing the City Manager to sell the "surplus"
34
items at auction; and providing an effective date.
3/5
35
(City Manager- Purchasing Dept.)
36
37
Moved by Commissioner Beasley, seconded by Mayor
Stoddard,
38
the motion to approve the Consent Agenda passed by a 5 -0 vote:
39
40
Commissioner Palmer: Yea
41
Vice Mayor Newman: Yea
42
Commissioner Beasley: Yea
43
Commissioner Harris: Yea
44
Mayor Stoddard: Yea
45
r OF •
CITY COMMISSION MINUTES 7
May 3, 2011
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1 RESOLUTION(S)
2 (NONE)
3
4
5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
6
7 19 -11 -2092
8 7. A Ordinance of the Mayor and the City Commission of
9 the City of South Miami, Florida amending the Pension
10 Plan providing for the addition of Sec 16 -20 (L)
11 Powers of Board; providing for severability,
12 ordinances in conflict, and an effective date. 3/5
13 (City Manager)
14
15 Moved by Commissioner Beasley, seconded by Mayor Stoddard
16 to approve this item.
17
18 The public hearing was opened.
19
20 Brad Cassel offered to answer any questions.
21
22 With no further speakers, the public hearing was closed.
23
24 With no further comments, the motion to approve this item
25 passed by a 5 -0 vote:
26
27 Commissioner Palmer: Yea
28 Vice Mayor Newman: Yea
29 Commissioner Beasley: Yea
30 Commissioner Harris: Yea
31 Mayor Stoddard: Yea
32
33
34 RESOLUTION (S) PUBLIC HEARING (S)
9
36 75 -11 -13389
37 8. A Resolution of the Mayor and City Commission of the
38 City of South Miami, Florida, relating to contracts;
39 authorizing the City Manager to execute a three (3)
40 year Inter -local Agreement between Miami -Dade County,
41 Miami -Dade Police Department, and the City Of South
42 Miami for School Crossing Guard Services for
43 2011/2012, 2012 -2013 and 2013 -2014 school year;
44 providing for an effective date. 3/5
45 (City Manager- Police Dept.)
CITY COMMISSION MINUTES 8
May 3, 2011
slaTt-
2 Moved by Commissioner Palmer, seconded by Mayor Stoddard to
3 approve this item.
4
5 The public hearing was opened and closed with no speakers.
6
7 Vice Mayor Newman said that the Non - Violence Project, in
8 their application for the federal grant, claimed that they had
9 provided crossing guards; if that is the case, she said, perhaps
10 some of the money may be taken from the Weed and Seed grant.
11
12 Dr. Mirabile said that this is just between the City and
13 Miami -Dade, and that organization has nothing to do with this.
14
15 With some further comments, the motion to approve this item
16 passed by a 5 -0 vote:
17
18 Commissioner Palmer: Yea
19 Vice Mayor Newman: Yea
20 Commissioner Beasley: Yea
21 Commissioner Harris: Yea
22 Mayor Stoddard: Yea
23
24
25 ORDINANCE (S) FIRST READING
26
27 9. An Ordinance of the Mayor and City Commission of the
28 City of South Miami, Florida, amending the text of the
29 South Miami Comprehensive Plan, by amending the
30 Comprehensive Plan Future Land Use Element in order to
31 adopt a new future land use map category entitled "Low
32 Density Multiple - Family Residential (Two - Story),"
33 which in the future could be applied to development
34 projects and properties providing multiple - family
35 units or townhouse units in transitional residential
36 areas; providing for severability, providing for
37 ordinances in conflict; and providing an effective
38 date. 3/5
39 (City Manager- Planning Dept.)
40
41 Moved by Commissioner Beasley, seconded by Vice Mayor
42 Newman to approve this item.
43
44 Commissioner Palmer said that she did not understand what
45 is the purpose of all of these text amendments when we have a
46 new EAR process. She said that she did not know why the rush,
CITY COMMISSION MINUTES 9
May 3, 2011
711aTt
1 and that there should be more input from the public and that she
2 is not in favor of it.
3
4 Vice Mayor Newman said that this is just for the purpose of
5 adding new land uses that could be applied to a change in the
6 future.
7
8 Dr. Mirabile said that past of the problem that was
9 transmitted to us from DCA was the concept of affordable housing
10 which is part of the misinformation that we previously received
11 from representatives of DCA telling us that we could do it as
12 small text amendments with the concept of affordable housing;
13 after they reviewed it, they changed and advised us that this
14 would be a large scale amendment instead. He then referred to
15 page two of the support documentation, explaining that prior to
16 1997 the City did have a low - density multi - family residential
17 (Two- Story) Future Land Use Map category with a maximum high
18 limit of two stories in a maximum of 18 -units per acre; but in
19 1997, the EAR amendments removed the category and changed the
20 land use category in the map for all properties within that
21 category to a new multi- family residential (Four- Story)
22 category. The expressed purpose was to simplify the number of
23 land use categories; however, little consideration was given to
24 the fact that these properties abutted single family homes. He
25 said that staff verified again with DCA and with all of the
26 attorneys involved who agreed that zoning has to be aligned with
27 the Comprehensive Plan.
28
29 Dr. Mirabile clarified that this is not site specific, but
30 a category to be applied to any part of the City.
31
32 Commissioner Palmer said to be concerned with creating
33 uniformity, taking away flexibility for future development.
34
35 Commissioner Beasley referred to the language in the
36 ordinance relating to the maximum residential density of 18-
37 units per acre. He said as an example that Lee Park townhomes
38 which unless it is 20 -units per acre it would not be applicable
39 for Lee Park.
40
41 Moved by Commissioner Beasley, to amend the ordinance on
42 page 1, line 48 to change the density from 18 to 20 units per
43 acre. Seconded by Vice Mayor Newman, the motion to approve the
44 amendment passed by a 5 -0 vote:
45
46 Commissioner Palmer: Yea
47 Vice Mayor Newman: Yea
48 Commissioner Beasley: Yea
49 Commissioner Harris: Yea
CITY COMMISSION MINUTES 10
May 3, 2011
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Mayor Stoddard:
PTE9
Yea
Moved by Commissioner Beasley to amend the ordinance by
changing the word "Low- Density..." to "Medium- Density... ". Seconded
by Mayor Stoddard.
Commissioner Palmer requested clarification on the
difference between "low" and "medium ". Ms. Cabrera explained
that there is basically no difference —they are interchangeable
words; it is also part of the title which was advertised.
Commissioner Beasley withdrew the above motion to amend the
ordinance by changing the word "Low- Density..." to "Medium -
Density...".
Moved by Mayor Stoddard to withdraw sections two through
four as per the recommendation from the City Attorney. Seconded
by Commissioner Palmer, the motion to approve the amendment
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
With some 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
At this juncture Mayor Stoddard recommended moving items
no. 12 and 13 out of order (now items no. 10 and 11).
10. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the text of the
South Miami Comprehensive Plan, by amending the
Comprehensive Plan Future Land Use Element in order to
adopt a new future land use map category entitled
"Religious (Two - Story)," which could be applied to
development projects and properties providing religious
facilities and could also permit other ancillary uses
implemented by the category, with building heights and
CITY COMMISSION MINUTES
May 3, 2011
11
1 intensities compatible with surrounding districts;
2 providing for severability, providing for ordinances in
3 conflict; and providing an effective date. 3/5
4 (City Manager - Planning Dept.)
5
6 Moved by Commissioner Beasley, seconded by Mayor Stoddard
7 to approve this item.
8
9 Commissioner Palmer said that the Commission is taking
10 everything away and that we are limiting and making it too
11 restrictive for institutions that need to have flexibility
12 because they are providing service to the public.
13
14 Mayor Stoddard referred to the number of churches in our
15 City that run daycare or afterschool programs, also expressing
16 concern about restricting churches to religious use, therefore
17 preventing them in the future to continue providing those
18 services.
19
20 Vice Mayor Newman said that the CRA has its own overlay;
21 therefore, this would not necessarily confine the churches in
22 the CRA to this particular use. Ms. Cabrera said that the use
23 depends on what is permitted in the Land Development Code, and
24 the overlay overrides the zoning district.
25
26 Moved by Commissioner Beasley to extend the meeting after
27 11:00 p.m. Seconded by Vice Mayor Newman the motion passed
28 unanimously.
29
30 Part of the discussion among the Commission was the
31 language providing that other ancillary uses could be
32 implemented by the category.
33
34 Vice Mayor Newman gave directions to staff to come back at
35 the next meeting with the definition of the language ancillary
36 uses for religious purposes.
37
38 Moved by Mayor Stoddard to withdraw sections two through
39 four as per the recommendation from the City Attorney. Seconded
40 by Commissioner Palmer, the motion to approve the amendment
41 passed by a 5 -0 vote:
42
43 Commissioner Palmer: Yea
44 Vice Mayor Newman: Yea
45 Commissioner Beasley: Yea
46 Commissioner Harris: Yea
47 Mayor Stoddard: Yea
48
CITY COMMISSION MINUTES 12
May 3, 2011
1 With some further comments, the motion to approve this item
2 as amended passed by a 4 -1 vote:
3
4 Commissioner Palmer: Nay
5 Vice Mayor Newman: Yea
6 Commissioner Beasley: Yea
7 Commissioner Harris: Yea
8 Mayor Stoddard: Yea
9
10 11. An Ordinance of the Mayor and City Commission of the
11 City of South Miami, Florida, amending the text of the
12 South Miami Comprehensive Plan, by amending the
13 Comprehensive Plan Future Land Use Element in order to
14 adopt a new future land use map category entitled
15 "Educational (Two- Story)," which could be applied to
16 development projects and properties providing
17 educational facilities and could also permit other
18 ancillary uses implemented by the category, with
19 building heights and intensities compatible with
20 surrounding districts; providing for severability,
21 providing for ordinances in conflict; and providing an
22 effective date. 3/5
23 (City Manager- Planning Dept.)
24
25 Moved by Commissioner Beasley, seconded by Commissioner
26 Harris to approve this item.
27
28 Mayor Stoddard referred to the language of ancillary uses
29 as with the previous ordinance.
30
31 Moved by Mayor Stoddard to withdraw sections two through
32 four as per the recommendation from the City Attorney. Seconded
33 by Commissioner Palmer, the motion to approve the amendment
34 passed by a 5 -0 vote:
35
36 Commissioner Palmer: Yea
37 Vice Mayor Newman: Yea
38 Commissioner Beasley: Yea
39 Commissioner Harris: Yea
40 Mayor Stoddard: Yea
41
42 With no further comments, the motion to approve this item
43 as amended passed by a 4 -1 vote:
44
45 Commissioner Palmer: Nay
46 Vice Mayor Newman: Yea
47 Commissioner Beasley: Yea
CITY COMMISSION MINUTES 13
May 3, 2011
1 Commissioner Harris: Yea
2 Mayor Stoddard: Yea
3
4
5 12. An Ordinance of the Mayor and City Commission of the
6 City of South Miami, Florida, amending the text of the
7 South Miami Comprehensive Plan, by amending the
8 Comprehensive Plan Future Land Use Element in order to
9 amend the future land use map category entitled
10 "Public /Institutional (Two- Story)," removing schools
11 (educational) and churches from the category; which
12 could be applied to development projects and
13 properties providing governmental facilities,
14 utilities and could also permit other ancillary uses
15 implemented by the category, with building heights and
16 intensities compatible with surrounding districts;
17 providing for severability, providing for ordinances
18 in conflict; and providing an effective date. 3/5
19 (City Manager- Planning Dept.)
20
21 Moved by Commissioner Beasley, seconded by Mayor Stoddard
22 to approve this item.
23
24 The Commission discussed the language in the title of the
25 ordinance, deciding that it needed more work, essentially for
26 clarification purposes. Mayor Stoddard then recommended
27 withdrawing this ordinance for the corrections that is going to
28 require and bring it back at the same time that we bring the one
29 dealing with the hospital, adding that the Vice Mayor's point is
30 good since this does not seem particularly pressing when we have
31 a four -story category covering City Hall and covering other
32 things right now.
33
34 At this time, Vice Mayor Newman moved to amend the
35 ordinance by changing "Public /Institutional (Two- Story) to
36 (Four- Story). Seconded by Mayor Stoddard.
37
38 The Commission discussed the above motion but did not vote.
39
40 With some further comments, the motion to withdraw this
41 item passed by a 5 -0 vote:
42
43 Commissioner Palmer: Yea
44 Vice Mayor Newman: Yea
45 Commissioner Beasley: Yea
46 Commissioner Harris: Yea
47 Mayor Stoddard: Yea
CITY COMMISSION MINUTES 14
May 3, 2011
1
2 13. An Ordinance of the Mayor and City Commission of the
3 City of South Miami, Florida, amending the text of the
4 South Miami Comprehensive Plan, by amending the
5 Comprehensive Plan Future Land Use Element in order to
6 adopt a new future land use map category entitled
7 "Hospital /Clinic (Two- Story)," which could be applied
8 to development projects and properties providing
9 hospital /clinic facilities and could also permit other
10 ancillary uses implemented by the category, with
11 building heights and intensities compatible with
12 surrounding districts; providing for severability,
13 providing for ordinances in conflict; and providing an
14 effective date. 3/5
15 (City Manager - Planning Dept.)
16
17 Moved by Commissioner Beasley, seconded by Vice Mayor
18 Newman to approve this item.
19
20 Staff explained that the Local Planning Agency (LPA)
21 recommended denial of this item; one of the problems is having
22 hospitals and clinics within the same category. Mr. Pepe added
23 that the LPA was also concerned about having different types of
24 clinics with different uses and different transportation
25 problems. After some discussion the Commission decided to send
26 this item back to the drawing board.
27
28 With some further comments, the motion to withdraw this
29 item passed by a 5 -0 vote:
30
31 Commissioner Palmer: Yea
32 Vice Mayor Newman: Yea
33 Commissioner Beasley: Yea
34 Commissioner Harris: Yea
35 Mayor Stoddard: Yea
36
37
38 UNFINISHED BUSINESS
39
40 14. An Ordinance of the Mayor and City Commission of the
41
City of South Miami, Florida,
amending the Land
42
Development Code
by deleting
Section 20- 3.1(E)
43
entitled "Business
Outside a Building
", inserting new
44
Section 20 -3.6 (V)
to be entitled
"Commercial Activity
45
Conducted Outside
of a Building"
in order to provide
46
regulations for
allowing for
outside merchandise
CITY COMMISSION MINUTES is
May 3, 201.1
1 display on private property and public sidewalks;
2 establishing limitations on type, location and extent
3 of outside merchandise display; providing a process
4 for obtaining permits; and providing for exceptions
5 for certain permitted uses; providing for
6 severability; providing for ordinances in conflict;
7 and providing an effective date. 5/5
8 (City Manager - Planning Dept.)
9
10 Moved by Commissioner Beasley, seconded by Mayor Stoddard
11 to approve this item.
12
13 Mayor Stoddard referred to an email received by the
14 Commission from the owner of MacCycle with concerns and
15 observations regarding this ordinance.
16
17 Vice Mayor Newman said that she believes that we need to
18 limit it to private rather than public, therefore removing any
19 reference to public sidewalks.
20
21 Moved by Mayor Stoddard to amend the ordinance by deleting
22 the entire subsection (5) ; also deleting the word "either" and
23 "OR public sidewalks, but not both "; Mayor Stoddard then moved
24 to delete subsection (6) (b) in its entirety. Seconded by Vice
25 Mayor Newman, the motion to approve this amendment passed by a
26 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 Commissioner Palmer referred to MacCycle's merchandise
35 display, saying that charging them $250 a year is not the right
36 thing to do because the display is away from the street. Vice
37 Mayor Newman and Mayor Stoddard concurred with Commissioner
38 Palmer.
39
40 Commissioner Beasley pointed out that by doing this they
41 are not being consistent since we charge $250 a year for outdoor
42 dining on their property. He pointed out that he voted against
43 that ordinance charging restaurants the annual fee of $250;
44 however, he said that once the fee was approved and is now part
45 of our Code he just wants to be consistent.
46
CITY COMMISSION MINUTES 16
May 3, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
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34
Mayor Stoddard said that there is a
restaurants are using public sidewalks,
significant amount of Code Enforcement.
mmq
difference because the
and they also require
Moved by Commissioner Palmer to amend the ordinance by
removing the permit fee of $250 under subsection (2)(g). The
motion died for lack of a second.
Mayor Stoddard then referred to the language under
subsection (2)(e) on page 3, line 6: "merchandise which requires
delivery to the customer or pick -up by vehicle is prohibited
from being displayed outside the business;" Dr. Mirabile said
that this may refer to big items such as refrigerators and
mattresses. Mr. Pepe said that this provision may create a lot
of ambiguity and is going to be open for a lot of
interpretation.
Mayor Stoddard then brought up the issue of the 100. Ms.
Cabrera explained that the 10% comes from measuring the square
footage of the retail space.
The Commission ran out of time; therefore, this item will
be continued.
There being no further business to come before this Body,
the meeting adjourned at 12:04 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
May 3, 2011
17
Approved
Philip K. Stoddard
Mayor
"
�f
u.
CITY OF SOUTH MIAMI
OFFICE MEMORANDUM
To: Honorable Mayor and City Commission
Date: May 3, 2011
From: Hector Mirabile, Ph.D., City Manager
Re: Manager's Report
The following is my report for the commission meeting of May 3, 2011
We continuously make progress in providing efficient and effective customer service through
training and reinforcement management. Police is assisting me in this endeavor by developing a
management training program that includes a customer service component mirroring the
approach taught at the Ritz Carlton. Additionally, Code Enforcement is conducting various
inspections of business to ensure appropriate licenses and zoning even when they are short one
full time inspector due to medical issues. The Police Department continues conducting counter
narcotics protracted investigations concluding this month with Operation Spring Cleaning which
was highly effective in exposing the new trends of the narcotics trade. The new trend is the
brownies and cookies laced with or having a blend of marijuana which are sold at the various
schools around the area. This is a high priority for our City since this new methodology of
introducing drugs is geared towards the children. I wish to congratulate Chief Martinez De
Castro and his department for the continued excellent work they are doing in making our City a
safer environment.
Parks and Recreation continue providing numerous activities for residents and visitors of all ages
which has a direct impact in the way our City looks and adds. Sports is a regiment of exercise
which develop our children into the role models emblematic of South Miami. Public Works
continue being the unsung heroes of our government by ensuring that citizens receive the best
possible quality service as well as ensuring that our government has the proper tools needed to
work.
Overall, the employees are doing a marvelous job and provide excellent service and should be
commended.
I. Accomplishment.
a. New IT IDC successes:
i. Training for One Solution started. 13 people started training.
City Manager's Report to Commission; May 3, 2011
ii. USA Software training for 12 more officers.
iii. Granicus cables installed.
iv. ID System completed.
v. Reinstalled updated VP software on police laptops.
vi. Built and installed two systems in Parks and Rec.
vii. Troubleshot and repaired USA issue with Pcom firewall
b. Finance:
i. Finance provided all required documentation to Public Works GIS and should
have the complete and accurate list of properties for the storm water billing
within the next week.
ii. Finance continues to work on the Management Discussion, Analysis, and
Statistical section of the audit report.
iii. Finance continues to work with the City Manager's Office and Human
Resources in preparing for labor negotiations. Finance is working on
implementing spreadsheets, which will allow for certain benefits to be
quantified.
iv. Finance continues to prepare all department budget worksheets and in the
process of preparing the DRAFT budget packages for the review of the City
Manager and Budget and Finance Committee. The Budget and Finance
Committee is meeting this week to kickoff the preparation of this fiscal year's
budget process.
v. Finance and all City Departments continue to train on the new Finance
OneSolution Financial System.
vi. Finance is currently working on the bank reconciliation and preparing the regular
monthly report for the month of April.
c. Grants and Sustainable Initiatives:
i. In collaboration with the Police Department, an application for the US
Department of Justice Smart Policing Initiatives Grant was submitted.
Application entailed program to combat auto -theft and auto burglary.
ii. Renewed ICLEI membership. ICLEI is an international association of local,
national and regional government organizations who have made a commitment
to sustainable development.
City Manager's Report to Commission; May 3, 2011
iii. Miami -Dade County awarded the City of South Miami a CDBG grant for SW
64th Street Improvements Project in the amount of $177,000. Attended CDBG
Contract Development Technical Assistance workshop at Miami -Dade County.
iv. In collaboration with the Green Task Force and Public Works, a Bike Rack
Initiative in the downtown area was formulated.
v. Applying for the US Department of Justice COPS Hiring Program. The COPS
Hiring Program (CHP) provides funding directly to law enforcement agencies to
hire and /or rehire career law enforcement officers to increase their community
policing capacity and crime prevention efforts.
vi. Staff attended a Working Group under the amended and restated inter-local
agreement for Public School Facility Planning in Miami -Dade County.
vii. On April 28, 2011, the Green Task Force hosted public workshop on Effective
Recycling presented by Jeanmarie Massa, Recycling Manager at Miami -Dade
County.
d- Central Services:
Murray Park Community Pool Operator RFP: The City met with Swim
Gym Aquatics, Inc. last week and we continue negotiating two key aspects of
the contract. Once those key issues are resolved we will work towards
finalizing a draft operations agreement that will be brought before
Commission for review and approval.
ii. Purchasing Ordinance: A draft ordinance is currently under review by the
City Attorney and is tentatively rescheduled for the agenda of the next
Commission Meeting, May 17th.
iii. Public Works Solicitation Template: A draft Public Works solicitation
template is currently under review by the City Attorney and once finalized it
will be put to immediate use for pending projects.
Iv. City Attorney RFQ: The solicitation closed April 1st, 2011, and
Commission heard three applicants present their proposals. Today the
Commission will decide on the best candidate /organization for City Attorney.
v. Tennis Court Operator RFP: Initial work on a draft RFP solicitation
commenced. Once the pertinent dates for the same are available, they will be
provided to Commission.
vi. Towing Services RFP: Per the City Manager's request, we reached out to
former Assistant City Attorney Mark Goldstein concerning the Towing
City Manager's Report to Commission; May 3, 2011
Ordinance revisions that were pending our being able to move forward with
the Towing Services RFP. Per Mr. Goldstein, the need for revisions was
discussed, but no work was ever initiated on the same. That being said, the
Towing Ordinance revisions remain pending and will need to be addressed
between Police and the new City Attorney prior to moving forward with the
RFP.
vii. Landscaping: Work commenced on a draft RFP solicitation. Once the
pertinent dates for the same are available, they will be provided to
Commission.
viii.Auction of Surplus Vehicles: The City continued working with
PropertyRoom.com on coordinating the auctioning of the City vehicles
approved for surplus. An Agenda Item is brought before Commission
tonight for approval for surplus of additional vehicles and other tangible
property.
e. Police:
Uniform Patrol Division
Total of 21 arrests: 3 felonies, 6 misdemeanors, 11 traffic, and 1 warrant served.
Of the 21 arrests, 1 was narcotics related.
ii. On Tuesday April 19a', patrol units were dispatched to a burglary in progress.
Prior to the unit's arrival, they were advised that the subjects fled the scene
removing a boat trailer from the property. Units began to saturate the area and
located the three subjects involved. A traffic stop was conducted and all three
subjects were taken into custody without incident and all were subsequently
charged with burglary.
iii. On Friday April 22nd the South Miami Police Department conducted a D.U.I.
Saturation Patrol. This operation was conducted by the Patrol Unit and the
results of this initiative were as follows: A total of 149 traffic citations were
issued and 5 arrests were made.
Criminal Investigation Division
El
On Thursday 04- 14 -11, there was a fight between two individuals. One individual
stabbed and then shot the other. (Case # 1101324) The victim was airlifted to
Jackson Memorial Hospital with life threatening injuries. The Chief of Police
responded and began the investigation by ascertaining the actual crime scene and
scouring the area for witnesses. The Chief of Police then located several
witnesses, interviewed them, and retrieved the name of the subject. G.I.U.
detectives were called out to complete the investigation. The Chief of Police and
detectives worked together into the early hours of the morning in order to bring
closure to this case. The crime scene was investigated, multiple persons were
interviewed, and a county wide area search by the Chief of Police and G.I.U.
detectives was conducted. The subject was wanted for Aggravated Assault and
City Manager's Report to Commission; May 3, 2011
Aggravated Battery. A Miami Dade County wide B.O.L.O. was issued and on
Monday 04- 18 -11, at approximately 1940 hours the subject turned himself in. He
was interviewed, charged, and then taken into custody. The subject was charged
with Aggravated Battery with a firearm.
ii. On Monday 04- 18 -11, G.I.U. detectives were investigating a grand theft case
under case # 1100582. The subject entered an establishment, removed store
property valued over $500.00, and fled. Eyewitnesses were able to record the
subject's vehicle tag number and then gave it to the police for the initial report.
G.I.U. detectives conducted a computer check of the vehicle's tag, which revealed
the tag information to be registered to an older woman. The detective then
investigated the residence's occupants and matched the woman's son to the
subject description of the incident. The son's photograph was added to a photo
lineup and then shown to the victim. The victim positively identified the woman's
son as the offender. The offender was taken into custody and charged with Grand
Theft.
iii. On Friday 04- 22 -11, G.T.U. detectives were investigating a burglary to a vehicle
case # 1101115. In this case the vehicle was parked and was accidently left
unlocked by the victim. A subject came by the vehicle, opened the unlocked door,
entered the vehicle and removed the victim's laptop computer, which is valued
$ 1,700.00. The G.I.U. detectives received the case and interviewed the victim.
The victim was asked by the detective if his laptop computer was Lo -jack
equipped. The victim did not advise of this information until asked. The detective
asked the victim to contact his computer representative and to have the
representative contact the detective. The representative did as such and advised
the detective that the Lo -jack signal was coming from the area of40thst. S.W.
149`x' Ave. They also advised that the individual using the computer was
constantly on Face Book and logging in by name. The detective took that name
and ran a computer check of the person's driver's license, which contains his
address. On this date detectives responded to the person's residence and set up
surveillance. The person was seen exiting his residence with laptop in hand. The
detectives identified themselves, identified the laptop as the victim's stolen
laptop, and took the subject into custody. The subject was transported to the
station and was questioned at length about the incident. Post the subject's
Miranda warnings, he gave a full confession as to the burglary. The subject is
being charged with burglary to a vehicle and grand theft. The laptop will shortly
be returned to its rightful owner.
iv. On Wednesday 04- 27 -11, S.I.U. detectives detached to D.E.A. / H.I.D.T.A. Group
were involved in arresting fourteen of eighteen wanted persons for Distribution of
Marijuana. The arrests were the result of a two year operation. Impounded were
two pounds of marijuana, with a street value of $8,000.00. There are still four
wanted subjects at large and are being sought for prosecution.
V. On Thursday 04- 28 -11, S.I.U. detectives, with the assistance of G.I.U. detectives,
arrested an individual for Unauthorized Sales of Prescription Drugs and for
Removing of The Dispensing Label from a Prescription Drug Bottle to Distribute.
Both are felony charges. This arrest was the result of a two week long
City Manager's Report to Commission; May 3, 2011
investigation, where the subject sold prescription drugs illegally to persons not
authorized to purchase them. On this date an arrest warrant was served along
with a search warrant for the subject's residence. Our search of the residence
revealed an additional three prescription drugs pills, which were also impounded
and are being held as evidence.
vi. On Friday 04- 29 -11, the South Miami Police Departments (S.M.P.D.) Criminal
Investigations Division (C.I.D.) concluded "Operation Spring Cleaning," of 2011.
This was a two month investigation in which thirteen individual subjects were
observed selling illegal narcotics to wit; powder cocaine, crack cocaine and
marijuana. Two of the thirteen subjects were selling illegal narcotics from inside
of them residences, causing investigators to apply for two, individual residential,
search warrants. S.M.P.D. received assistance from The Miami Police Department
(M.P.D.), The Coral Gables Police Department (C.G.P.D.), Immigration and
Customs Enforcement (I.C.E.) and The Bureau of Alcohol, Tobacco and Firearms
(A.T.F.). Both residential search warrants were executed by M.P.D's and
C.G.P.D.'s Special Weapons and Tactics Teams (S.W.A.T.). Detectives, Officers
and Agents represented by all agencies named above were responsible in
apprehending seven subjects of the original thirteen wanted for their crimes.
There were an additional two subjects, discovered during our sweep of the area
and were apprehended for Possession of Illegal Narcotics. The above totaled nine
subjects apprehended leaving six subjects from the original thirteen, still at large.
All of the original thirteen subjects are facing felony charges of Sales of Illegal
Narcotics. Twelve of those subjects are facing a minimum mandatory three year
prison sentence, if found guilty for Sales of Illegal Narcotics within one thousand
feet of a House of Worship, School or Public Housing Facility. In addition, our
efforts netted, one and one half pounds of Marijuana, with a street value of
$6,000.00, one gram of Powder Cocaine, with a street value of $20.00, one
Cocaine (Crack) Rock, with a street value of $10.00 and a sleuth of Drug
Paraphernalia (drug smoke pipes, digital weigh scales, plastic baggies, marijuana
cigarette paper, containers and scouring pads) all evidence of some one not just
using but selling illegal narcotics. Also impounded was $3,116.00 in U.S.
currency, of that amount $1,595.00 was immediately forfeited and signed over to
The City of South Miami, by one of the subjects as illicit proceeds gained from
illegal activity. A 1997, Chevy, Silverado pick up truck was also forfeited and
signed over to us by yet another subject. This vehicle was used as an aid to
conceal and to sell illegal narcotics from. All nine subjects apprehended were
processed and transported to The Miami Dade County Jail. Detectives and
Officers of the South Miami Police Department are presently searching for and
will not rest until the six subjects at large are brought to justice.
vii. On Saturday 04/30/11, Patrol Officers were dispatched to 6165 SW 63 St. The
call was dispatched as a possible trespasser on scene. G.I.U. detectives
recognized the address from where an earlier case was filed for an alleged fraud.
Detectives responded to the scene. Detectives met with an apartment manager,
Rolando Palma of the management company, RSI of South Florida. Detectives
requested that Patrol Officers assist in identifying the subjects that live in
apartment #1. There was no answer at the door so they checked on apt. #2.
Contact was made with a person who was in the process of renting the apartment
City Manager's Report to Commission; May 3, 2011
from another person who was also on scene. The individual renting the apt. fit the
description of a suspect from the earlier case (Case #1101209) which aroused the
detective's suspicion. This individual, now a suspect, stated that he was the
property manager and that he was renting the apartment. Patina fi-om the
management company was still on scene and was asked if he knew the suspect.
Patina stated that be did not know him and that he had no business being on the
property. The renter stated that she had given the suspect $1,600.00 in order to
move into the apartment. The money was immediately recovered from the
suspect, as well as a receipt book, a lease agreement and rental applications from
both victims (the earlier case as well as this one). The suspect was arrested and
charged with two counts of the following; Organized Scheme to Defraud, Internet
based Fraud, Burglary and Grand Theft. Both cases were successfully closed.
Parking Enforcement
The Parking Enforcement Unit issued a total of 2,629 citations from the time
period of April 16th thru April 30th. Total fine amount for these citations:
$50,638.00.
ii. There were a total of 7 citations issued for trucks unlawfully parked or willfully
obstructing traffic.
Code Enforcement Division:
On Friday, April 29, 2011, in collaboration with police, CE inspected a I
bedroom, I bath property located on 5931 SW 64 St., for possible code
violations. CE observed five rooms: 1) front sitting room, which appeared to be
used for storage; 2) living room, which appeared to be used as a bedroom; 3)
kitchen, which appeared to have makeshift sleeping quarters established; 4)
bathroom; 5) one bedroom at rear, which was being used as intended. The
property owner was issued citations for 3 code violations: Unpermitted use as a
boarding house, poor maintenance of the interior, and broken windows /doors that
deemed the structure unsafe.
ii. The demolition of the three (3) unsafe and unsecure CRA shotgun homes that
were vandalized on the weekend of March 11, 2011 are pending the asbestos
study scheduled for this week.
iii. Forty -two (42) lien search requests were received and processed expeditiously.
CE collected $4,690.00 for the 42 lien search requests.
iv. CE received, processed, and issued 202 Business Tax Receipts (licenses) and
collected $15,876.22 in revenues.
V. CE conducted 87 Business Tax Receipt /Certificate of Use Inspections.
vi. The CE, Building and Planning & Zoning Departments worked together and
expedited the issuance of a permit for a temporary construction fence for an
City Manager's Report to Commission; May 3, 2011
unsecured unsafe structure located on 7709 SW 67 Avenue. The permit
application was received, walked thru and issued within an hour and a half.
vii. CE is diligently working with P /Ws to address issues with AT &T regarding work
conducted without the proper City permits.
viii. The property owner of the dilapidated fence along Sunset Drive between 65 and
66 Avenue removed and cleared the overgrowth that was pushing and holding the
fence in place; the fence is on schedule to be repaired or replaced by May 5, 2011.
ix. Received and processed a payment $2600.00 to satisfy a property lien; the release
of lien was processed.
X. Investigated a cat hoarding case in collaboration with Miami -Dade County'
Animal Control; the property owner was cited.
xi. A City of South Miami Running team was formed. On Thursday, April 28`', the
City was represented at the 5K Mercedes Benz Annual Corporate Run by eight
(8) employees: Carmen Baker, Hector Rabi, Tatiana Diaz, & Hector Rabi from
CE; Jennifer Korth, CM's Grant Office; Carlos Marenco, Parking; Sol Gorrin,
Finance; and Nikki Payne from the City Clerk's Office -Our top runner, Hector
Rabi finished at under 10 minutes per mile.
e. Human Resources:
i. We extended a conditional offer of employment to a qualified applicant for
the position of Director of Planning & Zoning and the matter is before you at
this commission meeting.
ii. We concluded interviews for two part-time Office Support positions (PT) for
the city manager's office. The finalists were selected and will be extended
conditional employment offers following completion of the initial
background screening process.
iii. We concluded interviews for the Human Resources Generalist position. The
finalist was selected and will be extended a conditional employment offer
following completion of the initial background screening process.
f. Public Works: See Attachment A.
g. Parks and Recreation: See Attachment B.
h. Planning and Zoning Department:
City Manager's Report to Conunission; May 3, 2011
hJ
I. EAR Consultant for 2012: On April 18, 2011 the Planning and
Zoning Department received a signed contract from Henry Iler. Staff
has attached an Agreement for Professional Planning Services, for
your review and guidance.
ii. Land Development Code Amendments: The Planning and Zoning
Department together with the Planning Board continued its program of
updating the Code.
iii. Planning Board: On Tuesday, May 10, 2011, the Planning Board will
hold an advertised public hearing (quasi judicial) of the following:
(a) Special Use Application:
(i) A Special Use Application was filed on April 8,.2011, by TD
Gulfstream Partners LP, and being represented by Ines Marrero -
Priegues, Esq., to operate a Buffalo Wild Wings Grill & Bar
restaurant at the Shops at Sunset Place, 5701 SW 72 Street,
(previous restaurant that occupied this location was
Cheeseburger in Paradise).
iv. Environmental Review and Preservation Board (ERPB): On May
3, the first regular meeting Agenda consists of two (2) projects. The
exterior renovation to the existing Taco Bell restaurant at 6310 South
Dixie Highway and exterior painting to Newton's Law of Fitness at
7150 SW 62 Ave, has been scheduled to be reviewed by the
Environmental Review & Preservation Board (ERPB).
V. Historic Preservation Board: On Monday, April 25, 2011 the
Historic Preservation Board meeting was cancelled due to lack of
quorum. A full Board consists of nine (9) members who reside or work
in the City. Currently, there are three (3) vacancies on the HPB. On
April 4, 2011, the City Commission deferred amendments to historic
preservation provisions in the Land Development Code and is now
being forwarded to the Historic Preservation Board meeting on
Monday, May 23, 2011.
vi. Comprehensive Plan Amendments: On Tuesday, April 12, 2011
during an advertised workshop, the Department presented the status
of text amendments and Future Land Use Map amendments (aka
Large Scale Amendments) of the 2010 Amendment Cycle 2 process
to City Commission. As a result, five (5) of the items listed below were
forwarded to the Local Planning Agency (LPA).
a. Local Planning Agency:
On Tuesday, April 26, 2011, the five (5) listed below were
presented to the Local Planning Agency (LPA) and were
forwarded to the City Commission for first reading on
May 3, 2011.
City Manager's Report to Commission; May 3, 2011 10
Clarification Line Item 8 of Comprehensive Plan 2010 Cycle 2 Chart (Attachment D)
Prior to the Workshop held on April 12, 2011, the Planning Department inquired to the
Department of Community Affairs (DCA) on the status of all of the Comprehensive Plan
Amendments listed below. Due to further inquiry by the Planning Department to DCA
an e-mail was sent on April 14, 2011 from DCA stating that Ordinance No. 43 -10 -2068
was found to be complete and filed by our agency on November 2, 2010 so no further
action was necessary.
Another e -mail was sent from DCA yesterday inquiring if the City of South Miami has an
established future land use category named "Mixed Use Affordable Housing (Two
Story)." The City's adopted EAR based amendments and adopted Future Land Use
Map do not show this land use category which was adopted by Ordinance No. 43-10 -
2068 and submitted as a small scale amendment. Hence, the future land use category
will be resubmitted as a large scale amendment (text and map amendments are large
scale amendments). As a result, the item will be forwarded to the Local Planning
Agency (LPA) on Tuesday, May 10, 2011 and are forwarded to the City Commission on
June 7, 2011.
vii. Commission directives or issues:
a. Pension: Research on our two pensions is conducted and we are
obtaining actuarial analysis of potential recommended modifications.
b. Parking reform: No change in status.
c. Master Park Plan: No change in status.
d. Welcome to South Miami signs: Requesting from the Commission
for a COW or workshop so the design could be shown and other ideas
explored. Post the design discussion an engineering firm would have
to be hired and a cost analysis conducted.
e. Marshall Williamson Park Lighting: Pursuant to Vice Mayor
Newman's request Public Works conducted an inspection of the park
to determine the cause of the poor lighting. The findings,
recommendations, and actions are detailed in Attachment C.
END OF MEMORANDUM
City Manager's Report to Commission; May 3, 2011 11
City Manager's Report to Commissioners
Public Works Attachment A
i. Repaired stairs at Jean Willis Park pavilion.
ii. Performed thorough cleanup of the fish pond and fed the fish at City Hall.
Fish pond project removing shrubs around the pond area and installing river
rock.
iv. Serviced / repaired (32) vehicles and heavy equipment at the Motor Pool.
V. Delivered (7) new garbage containers to residents.
vi. Filled (15) crane trash holes.
vii. Performed pick up of garbage and trash routes.
viii. Performed daily power street sweeping, please note that two sweepers were
used most of this time in order to keep up with the fallen leaves.
ix. Performed daily clean up & watered pots downtown.
X. Pressure cleaned sidewalks downtown on Wednesday's.
A. Dumped litter cans throughout the City three times a week.
xii. Removed fallen tree that was blocking the road at SW 85th Street SW 58tH
Avenue.
xiii. Removed dead palm tree from 73rd Street SW 57tH Court on the NW corner.
xiv. Removed dead palm tree at 8375 SW 58 Avenue.
xv. Cleared tree canopy from pole lights on SW 61ct around Marshall Williamson
Park areas.
xvi. Removed graffiti from parking meter pay station at 73rd Street SW 58tH Avenue.
xvii. Installed (2) 25 mph signs.
xviii. Installed a "No Dumping sign" at 6003 SW 59th Street.
xix. Re- installed crossing sign at 70th Street SW 61St Avenue.
xx. Pruned 4 trees at SW 61St Court from 64th Terrace to 68th Street and 1 tree at
6400 SW 58th Avenue.
xxi. Cleaned up fence in the area behind the Motor Pool at PW.
xxii. Installed 3 parking signs at City Hall.
xxiii. Changed 1 speed limit sign at 40th Street SW 62 "d Avenue.
xxiv. Lifted tree branches at SW 62nd Place b/w 72nd to 70 Street.
xxv. Performed a tree installation inspection with Doug Baker.
xxvi. Fixed drain cover on Dorn Avenue between 72nd and 73rd Street.
xxvii. Cleaned storm drains inlets city wide.
xxviii. Picked up two excess trash piles.
xxix. Mowed City right of ways.
xxx. Cleaned up fallen leaves from 6234 SW 42nd Street,
xxxi. Cut a low hanging branch that was blocking sidewalk in front of 5822 SW 73`d
Street.
xxxii. Applied pesticides to City Hall grounds and US1 medians, the work was
performed by True Green Chemical and supervised by PW.
xxxiii. Troubleshoot and repaired field light system at Palmer Park by contractor.
xxxiv. Troubleshoot water fountain pump at Fuchs Park.
xxxv. Replaced 36 lights at City Hall and replaced 3 transformers at City Manager's
office.
xxxvi. Replace lights at Building and Zoning, Police Department, Silvia Martin Building
and CAA.
City Manager's Report to Conunission; May 3, 2011
12
xxxvii. Completed a/c filter replacement throughout City Hall.
xxxviii. Replace a/c belt at PD Major's office.
xxxix. Inspection and certification of fire extinguishers throughout the city's buildings.
A. Repaired broken water pipe at the Police Department.
xli. Checked Sally Port door and supervised repairs by contractor.
xlii. Met with electrical contractor to seek estimate for ice machine repair.
xliii. Performed relocation of Human Resources office furniture and moved Human
resources Directors office next to the City Manager's office area..
xl iv. Insulation installation at the Human Resources and City Manager's office.
xlv. Repaired light pole by Dorn Avenue.
xlvi. Relocation of security cameras system at PW.
xlvii. Replace 8 lights at PW and assembly room.
xlviii. Repaired lights at Marshall Williamson Park.
Aix. Checked and repaired water leak in the roof of the Police department.
1. Checked a/c in Community Center gym, tighten a/c belt.
li. Supervise installation of new alarm key pad at PW Building Maintenance bay.
The following is a status report of ongoing projects
Sunset Drive Improvements Repairs: Sunset Improvements Phase IV. TY Lin
International, the city's engineering consultant provided DOT with the requested
closeout documents for review and approval. MVila provided construction invoices for
the City's review and payment. The invoices were sent for payment and the project is
substantially complete. The city is in the process of closing out the project with the
contractor.
SW 66th Street Improvements Phase If: No changes since the last report.
ARRA Bus Shelter: No changes since the last report.
SW 64th Court Drainage: Public Works and the design consultant are continuing to
assess the constructability of the project based on current funding. It is anticipated that
50% of the project may be completed subject to the bids received during the
procurement phase.
Pinecrest Villas: Miami Dade County confirmed the concurrency requirement area, and
provided preliminary approval of the project, including the second speed table on SW
78th Street, providing for resident and agency concurrency and final review. The plans
were revised to meet Miami Dade County Public Works criteria. Concurrence surveys
were sent out to the residents and we are receiving the completed surveys at the Public
Works office.
Cocoplum Terrace: No change since last report.
Manor Lane: Miami Dade County Public Works responded that their review will be sent
shortly.
Mango Terrace: No change since last report.
City Manager's Report to Commission; May 3, 2011 13
Shops at Sunset Place/ SW 57th Court: The Shops at Sunset (Shops) complied with
Public Works directive to repair the open asphalt areas in front of the Shops and to
remove the barricades. The Shops will re apply for permit in the near future to extend
the recently installed storm water drain system up to the curbs.
Roadway Resurfacing and Sidewalk Repairs: The City is in the process of reviewing
additional contracts from other municipalities in an effort to utilize them for this work.
The contracts originally reviewed did not meet the parameters of our Charter.
City Hall Sewer Connection: Proposals from three City consultants were received and
are under review.
General Services Division Report
Request for Bike Lanes and Sharrows: As previously reported, on April 15th 2011 the
Public Works department made a formal request for Miami Dade County to assess the
possibility of installing bike lanes and or shared bike lanes ( sharrows), on the City's
main corridors. On April 29th, 2011 Mr. Jeff Cohen of MDCPWD confirmed receipt of
our request, and advised that the County will try to add sharrows to: SW 62 Ave
between Bird Rd and SW 64 Street and between SW 70 St and SW 80 St; Sunset Dr
between Cocoplum Circle and US 1; SW 80 St between Old Cutler Rd and US 1; and
Miller Dr from SW 67 Av to SW 57 Av. In addition Jeff advises that they will check Red
Road south of Sunset Drive and requested a meeting with the City to discuss Sunset
Drive west of US 1.
Marshal Williamson Lighting Report: As requested by the City Manager to assess
lighting conditions at Marshal Williamson Park, an inspection was performed by the
Public Works department. We found that some of the pole lights were partially blocked
by tree canopy; four of the decorative Park lights were damaged due to vandalism.
The Public Works and Parks departments proceeded to trim back the tree canopy
around the light poles and to repair the damaged lights. The City requested for FPL to
add additional lighting in the park and surrounding areas.
City Manager's Report to Commission; May 3, 2011
City Manager's Report to Commissioners
Parks and Recreation Attachment B
iii. Recreation:
Track and Field - 28 participants ages 5 -15 years began competition.
(Competition on Saturday, April 23, 2011, was scratched). Qualifying meet at
Piper High School will be held on Saturday, April 30, 2011.
T- Ball ages S & 6 years of age, are on a winning roll.(Learning the basics).
Season ended and all were awarded trophies.
14
Football and Cheerleading Registration - (Date changed to June 16, 2011). Early
Registration is at the Gibson - Bethel Community Center with various activities,
music and refreshments beginning at 5:00 p.m. - 7:00 p.m.
Football & Cheerleading Fan Fest - Palmer Park - Saturdav April 30 2011 -Meet
and greet the coaches and Football, Cheerleading Commissioners, 10:00 a.m. to
2:00 p.m.
Summer Camp Registration began. Summer Camp runs from June 13 - August
19, 2011. Cost $30.00 per week for South Miami Residents and $75.00 per
week for non - residents. Limited spaces are available. Age groups: Kindergarten
to 8'" Grade.
iv. Senior Center:
SFd` IOR CUT" CALFNDAR
ACTIVIT1
APR11.. 9R7 1
DATE
TIME
- ACTIVUY
Apr 1, 2011
April 4, 2011
10:30am- 11:30am
10:00am -1:00 m
Healthy Eating For Seniors Seminar
Health Fair 'ven by Barry Students
April 8, 2011
10:00am -12:00 m
Fall Prevention Seminar
April 12, 2011
9:00am- 11:30am
Free Blood Pressure Testina
April 21, 2011
10:00am- 11:30am
Humana Representative visits Seniors
April 22, 2011
April 22, 2011
April 27, 2011
10:00am -12:30 m
9:00am -1:00 m
8:00am- 11:00am
Free Chair Massage
Good Friday Luncheon and Raffle
Breakfast at Helen Bentley in the Grove
April 28, 2011
April 29, 2011
9:00am- 11:30am
1:00 m -4:00 m
Free Blood Pressure Testfn
Free Movie at Sunset Place
➢ Every Monday, Wednesday and Friday- seniors get picked -up to walk at Dadeland Mall
(DADELAND WALKERS - a walking club for senior citizens) 9:00- 10:30am.
➢ Everyday there is a social worker on site from 9:00 am to 3:00 pm to consult with our seniors.
9 Every Wednesday, Thursday, and Friday - seniors are taken to grocery stores and retailers for their
weekly shopping.
➢ Every weekday - seniors participate in board games, cards, dominoes and exercise at the Senior
Center 8:30 -1:30.
➢ Monday and Thursday - Social Worker comes to teach Arts &t Crafts from 1:00pm - 3:00pm
City Manager's Report to Commission; May 3, 2011
< Every Monday, Tuesdays and Thursdays exercise classes 10:15 -11:00
< Monday and Wednesday English classes 9:30.11:30am
< Tuesday and Thursday Spanish classes 9:30 - 11:30am
< Monday thru Thursday Computer classes 12:15- 2:3013m (Community Center)
< Monday and Thursday Art class 1:00.3:00pm
< Friday Citizenship Class 9:00 - 2:00pm
< Last Wednesday of every month seniors go to Helen Bentley for Breakfast
v. Parks Landscape Division:
15
i. All parks are on schedule with general maintenance and repairs. Various park fields will be
closing in a few months for repairs. Park location(s) and time will be announced prior to closing.
ii. Marshall Williamson Park - restoration of the tennis courts and fencing project was completed.
Funding through the CRA.
iii. Dante Fascell Park - FRDAP Grant - renovations of the restrooms, replacement of swing sets,
and construction of a Basketball court (half - court), completed.
iv. Special Events:
EARTH DAY CELEBRATION- Friday April 22 2011 Jean Willis Park- 1:00 - 2:00 p.m.
"Come Plant a Tree", completed by the planting of two trees; very successful event.
Easter Egg Hunt - successfully entertained 200 neighborhood children at the Gibson - Bethel
Community Center, April 22, 2011, from 5:00 p.m. - 7:00 p.m., for children ages:
Kindergarten -6t" Grade.
Families First - Baby and Me Classes - Has started on Tuesday mornings at the Gibson -
Bethel Community Center at 10:00 a.m., for 10 week session. Ages newborns to 6 month
olds are Free of charge.
Free Movie At the Park - The movie shown was "Tangled" at Murray Park - Gibson - Bethel
Community Center - 5800 SW 66`h Street, on Saturday, April 30, 2011, 7:30 p.m. - 10:00
p.m. It was sponsored by Providence Road Church, Baptist Health South Florida, and the
City of South Miami.
v. Dog Park: No change
City Manager's Report to Connnission; May 3, 2011 16
City Manager's Report to Commissioners
Marshall Williamson Park Lighting Report, Attachment C
Inspection and findings:
An inspection of lighting conditions at Marshall Williamson Park was conducted and the following are
the results:
• There are 16 decorative type light poles within the park grounds, 8 of the poles were more
recently installed by the CRA in an effort to address low lighting issues within the Park.
•. The more recently installed light poles do not have vandal resistant lenses.
• 4 of the 8 more recently installed decorative lights were not operational due to broken lenses and
light bulbs /vandalism.
C In addition to the decorative lights, areas of the Park facing SW 61" Ct and the circle on SW 68th
Street are also illuminated by 5 FPL poles some with double cobra heads illuminating the Park
and the street.
• Illumination of the Park and street in some areas is been obstructed by low tree canopy.
Recommendations:
• Clear tree canopy away from the pole lights in order to achieve maximum illumination.
• Lift tree branches in the inner Park areas in order to improve illumination and to improve the
view of inner Park areas from the street. This is important for law enforcement drive by's.
• Replace the standard lenses on the more recently installed decorative poles with vandal proof
lenses.
• Repair damaged or inoperative lights.
• Retrofit FPL pole lights along SW 61" Ct with higher lumens; please note that this request has
already been made to FPL as part of the City's request for additional lighting within the CRA
area.
• Once all corrective measures have taken place, perform a photometric study of the Park areas to
access if the lighting in the Park is adequate.
Actions taken:
• Public Works Streets Maintenance Division cleared tree canopy away from the FPL lighting
along SW 61st Ct facing the Park and the street.
• Public Works Building Maintenance Division repaired two out of the four damaged lights within
the Park area.
• Public Works Building Maintenance Division is in the process of obtaining quotes to retrofit the
more recently installed poles with vandal proof lenses and replace the damaged fixtures.
• The Parks & Recreation Department is aware of the need and request for more lighting and has
started tree lifting of the trees in the Parks inner areas.
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