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01-18-05 -Missing AgendaDRAFT I City of South Miami 2 Regular City Commission Minutes 3 December 21, 2004 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, December 21, 2004, beginning at 9 7:30 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 Mary Scott Russell, Vice Mayor Velma Palmer, and, 14 Commissioners Marie Birts- Cooper and Craig Z. Sherar. 15 Commissioner Randy G. Wiscombe was absent. 16 17 Also in attendance were: City Attorney Eve Boutsis, City 18 Manager Maria V. Davis and City Clerk Maria M. Menendez. 19 20 B. Invocation: The invocation was delivered in silence and Mayor 21 Russell took the opportunity to remind everyone to have 22 Commissioner Wiscombe's family in their thoughts because of the 23 loss of a family member. 24 25 C. Pledge of Allegiance: 26 The Pledge of Allegiance was recited in unison. 27 28 D. Presentation(s) 7:00 p.m. 29 30 Parks & Recreation Department to present awards to the 31 annual writing contest winners. 32 33 The Commission presented twenty bikes and helmets to the 34 contest winners. The bicycles were donated by Bill Ussery Motors 35 in Coral Gables and the helmets were donated by Mack Cycle in 36 South Miami. 37 38 39 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: M 41 Minutes of December 7, 2004 42 43 Commissioner Sherar moved an amendment make a correction for 44 the word cessation on page eight line 27. 45 REGULAR CITY COMMISSION 1 MINUTES - December 21, 2004 1 Moved by Vice Mayor Palmer, seconded by Commissioner Birts- 2 Cooper, the motion to approve the minutes as amended passed by a 3 4 -0 vote: 4 Commissioner Wiscombe: Absent Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea 2. City Manager's Report: Ms. Davis addressed some of the concerns brought up at the last Commission meeting: the request for interpretation of the Dade County Bill of Rights is being handled by the City Attorney; the Sylva Martin tapestry was already installed at the Sylva Martin Building; about the salary survey she said that the consultant, after many months, finally gave us a draft last month. The draft was in such a poor condition that she had to send it back because it was totally unacceptable. This consultant was terminated and she intends to go with the second low bidder on the RFP. A resolution on this subject will be brought up before the Commission in January 2005; about the parking in front of the medical building on 67th and Sunset, she said that it is taking a lot of research and will be completed as soon as possible, and that it will then be presented to the Commission; the parking garage is something that cannot be discussed at all at the present time; she also said that she is working with the Hospital on the impact fee (although it is not called impact fee which is an improper term) adding that at this time she did not feel properly prepared to discuss that issue. She then announced to the community that beginning on January 2nd we will start our "Sundays on Sunset " and the trolley service will begin that day. It will be held on the first Sunday of each month from noon to 5:00 p.m. There will be trolley service every Friday and Saturday; and one Sunday a month. She then wished everyone a very happy and safe holiday. Vice Mayor Palmer asked Ms. Davis about the purpose of the salary survey and what course of action will follow. Ms. Davis said that this type of survey is very helpful in order to know where we are versus other cities. The survey may show that some positions are overpaid while others are underpaid, but no salaries will be reduced, but that she would probably freeze any salaries where the position is overpaid until it is in line with the appropriate classification. Any adjustments will be addressed at the next budget cycle. Commissioner Sherar referred to the surveyor's marks left on the sidewalks downtown which should have been cleaned. He said REGULAR CITY COMMISSION 2 MINUTES - December 21, 2004 1 that the permits should have some type of language addressing 2 this issue and perhaps requiring a deposit to make sure that 3 the contractors do not leave the sidewalks full of marks. He 4 also referred to the Hammock House and the Manager informed 5 them that we had closed on that purchase today. About the 6 workshop on the Red Road Commons, he said that after all he 7 thought that it would be a good idea to move it to January 8 because of the holidays. 9 10 Mayor Russell said that it also would be a good idea to hold 11 a special meeting for the Red Road Commons on a different 12 night. The workshop was set for Monday, January 3rd at 7:00 p.m. 13 and a Special Meeting was set for Wednesday, January 12th at 14 7:00 p.m. for that purpose. Mr. Proctor, the attorney 15 representing the applicant, said to have no problems with the 16 above dates. 17 18 3. City Attorney's Report: 19 20 Attorney Boutsis reminded everyone about the attorney- client 21 session scheduled for Wednesday, December 22nd at 6:00 p.m. 22 23 Moved by Commissioner Birts- Cooper, seconded by Commissioner 24 Sherar, the motion to take item no. 14 out of order passed a 4 -0 25 vote. 26 27 Commissioner Wi.scombe: Absent 28 Commissioner Sherar: Yea 29 Vice Mayor Palmer: Yea 30 Commissioner Birts- Cooper: Yea 31 Mayor Russell: Yea 32 33 RESOLUTION (S) /PUBLIC HEARING (S) 34 7. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE 35 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR 36 APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN 37 ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 7OTH STREET 38 IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE 39 USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM 40 SECTION 20- 4.4(B) (10) OF THE LAND DEVELOPMENT CODE TO 41 ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED 42 OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM 43 SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO 44 ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT 45 SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE 46 DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 47 (Deferred 12/07/04) REGULAR CITY COMMISSION 3 MINUTES - December 21, 2004 (The request for these two parking variances was denied 9121104 on a 4 -1 vote) (Commissioner Birts- Cooper) Moved by Commissioner Sherar, seconded by Commissioner Birts- Cooper to approve this item. Vice Mayor Palmer said that she wanted to amend the motion to defer this item until they are ready to discuss it; instead of deferring it every time that comes up, why not wait until they are ready. Attorney Boutsis explained that they could either defer or table the item. Tabling means that the Commission needs to vote to bring it back. Motion to defer means that it will automatically come back at the next scheduled meeting. Moved by Commissioner Birts- Cooper, seconded by Commissioner Sherar to defer this item. Commissioner Sherar also had a question as to why they keep bringing and deferring the item. Commissioner Birts- Cooper explained that Commissioner Wiscombe is absent and that she would like to have the full support of the Commission. Commissioner Sherar said that he would vote to defer this time but that the next time he wants to do it. With no further comments or discussion the motion to defer passed by a 4 -0 vote: Commissioner Wiscombe: Absent Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea 37 PUBLIC REMARKS 38 (5- minute limit) 39 40 David Tucker Sr. addressed the Commission referring to the 41 Christmas Holidays and the traditional values that seem to be 42 threatened. 43 44 David Landowne said that he was attending the meeting for 45 item no. 14, adding that he did not get a notice this time. He 46 expressed frustration for having to come to the meeting for this 47 item and now is being deferred again. 48 REGULAR CITY COMMISSION 4 MINUTES - December 21, 2004 1 Cathy McCann thanked the Vice Mayor for having the questions 2 answered. She then referred to some illegal sign on 57th Avenue 3 and 84th Street. She said that the sign is 3 ft by 4 ft and that 4 it is on public property. She said that the sign ordinance is 5 very exact as to when you are allowed to put signs up. She also 6 referred to another very large sign from a mortgage company on 7 87th Street, the block between 59th and 60th Avenue. She said that 8 these signs have been reported to Code Enforcement by many 9 people. She also referred to a vacant lot without a building 10 permit on it and yet there is lumber and supplies on the lot. She 11 said that as long as these signs are on public property there 12 should not be a 10 -day notice requirement. She then urged staff 13 to enforce the sign ordinance. 14 15 Mark Richman said that he has been coming here for almost 16 five years now about the same issue and urged the Commission to 17 make a decision regarding the parking garage soon. He said that 18 he has spent a lot of money on this and also his tenants are 19 being hurt because of the uncertainty of the situation. 20 21 Dick Ward said that he was happy to see Mr. Richman at the 22 meeting to speak about his favorite subject. He also urged the 23 Commission to finalize the parking garage issue which is very 24 much ,overdue. He mentioned the coincidence of the parking garage 25 project for the First National Bank and the delay on the MRP 26 negotiation. He said to be concerned about the Bank's project and 27 the traffic study, urging the Commission and staff to hire 28 somebody to do that study and to have the Bank pay for it. 29 30 Jay Beckman spoke about the deferred item no. 14 regarding 31 Dr. Colsky's request for parking variances. He said that he could 32 not find anything in the LDC that would give the Commission the 33 power to bring this item back. He said that this is not a good 34 thing to do and that there may have been ex -parte communication 35 on the part of the Commission. Attorney Boutsis clarified that 36 whenever the Commission brings up this issue, by disclosing at 37 the Commission level any communications that they may have had, 38 there is no violation. Mr. Beckman insisted that the Commission 39 may have been influenced anyhow. He then said that in the event 40 that in the future these variances are approved, he wants to know 41 what recourses he has in order to appeal the decision. Attorney 42 Boutsis said that she would explain the appeal process later on. 43 44 Dean Whitman also referring to item no. 14 said that he has 45 come down five times to the City Commission meetings regarding 46 this item and finds it disrespectful. He also said that he 47 received no notice. 48 49 Former Commissioner Dan McCrea spoke in favor of item no. 12 50 regarding the Rotary Club. He said that they are part of Rotary REGULAR CITY COMMISSION 5 MINUTES - December 21, 2004 1 International and that this is a very special year for them. This 2 is the Rotary's 100th birthday which was founded in Chicago; 3 therefore, the Rotary wishes to commemorate this event by 4 assisting the City in the funding of the repair of the athletic 5 field lighting at Murray Park. Mr. McCrea urged the Commission to 6 approve the item. 7 8 Beth Schwartz also spoke about item no. 14 saying that she 9 also has been here five times for this item and she finds it very 10 unfair. She also referred to a traffic problem on 69th Street. 11 12 Sharon McCain spoke in reference to the items on the Agenda 13 concerning board re- appointments. She also referred to the 14 Planning Board where all of the terms have expired. She then 15 mentioned a few members who have been appointed to a couple of 16 boards. She said that there are a lot of people who have applied. 17 She then referred to the Economic Review Committee appointed by 18 the Manager, saying that those meetings were noticed on the 19 City's schedule for October 28, November 4 and 8. She said that 20 she had sent an email inquiring as to why the neighbors were not 21 involved because she lives right outside the area and is 22 concerned that for Sundays on Sunset people are going to park 23 around the residential area. She said that she was able to attend 24 the November 8th meeting and there were a lot of people there 25 that should not be on that Committee; she said that after that, 26 those meetings have been moved on to the Bank. 27 28 Commissioner Sherar referred to item no. 14 saying that when 29 he voted the way he did he was very confused; he then contacted 30 Dr. Colsky and indicated to him that he felt very uncomfortable 31 with the way things had been done, and that if he wanted to 32 reconsider it that he would. 33 34 After there were no more speakers, the Public Remarks 35 section was closed. 36 37 At this point Commissioner Sherar pulled items no. 4, 5, 6, 38 7, 8, 10 and 12 from the Consent Agenda (now nos. 7, 8, 9, 10, 39 11, and 13); and Commissioner Birts- Cooper pulled item no. 10 40 (now no. 12). 41 42 CONSENT 43 44 Resolution No. 192 -04 -11971 45 4. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION THE 46 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 47 MANAGER TO ENTER INTO A CONTRACT WITH THE CORRADINO 48 GROUP FOR THE PURPOSE OF PROVIDING PROFESSIONAL 49 CONSULTANT SERVICES NEEDED TO PREPARE THE CITY'S REGULAR CITY COMMISSION 6 MINUTES - December 21, 2004 1 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT; 2 APPROVING A CONSULTANT FEE IN THE AMOUNT OF $46,000; 3 CHARGING $17,200 TO ACCOUNT NO. 01- 1620 - 524 -3450, 4 PLANNING CONSULTANT SERVICES AND $28,800 TO THE GENERAL 5 CONTINGENCY ACCOUNT; PROVIDING AN EFFECTIVE DATE. 3/5 6 (City Manager) 7 8 Resolution No. 193 -04 -11972 9 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 10 CITY OF SOUTH MIAMI, FLORIDA RELATING TO ATTORNEYS' 11 FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $9,581.99; 12 CHARGING ACCOUNT NO. 2100 - 519 -3440, CONSULTANT LABOR 13 ATTORNEY; PROVIDING FOR EFFECTIVE DATE. 3/5 14 (City Attorney) 15 16 Moved by Vice Mayor Palmer, seconded by Commissioner 17 Sherar, the motion to approve the Consent Agenda passed by a 4- 18 0 vote: 19 20 Commissioner Wiscombe: Absent 21 Commissioner Sherar: Yea 22 Vice Mayor Palmer: Yea 23 Commissioner Birts- Cooper: Yea 24 Mayor Russell: Yea 25 26 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 27 28 Ordinance No. 15 -04 -1822 29 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 30 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE 31 SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY 32 ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -1583, 18 -99- 33 1692, 28 -00 -1730, 32 -01 -1763, 14 -02 -1782 AND 21 -03 -1805 34 IN ORDER TO ADJUST LAND USE APPLICATION FEES, PROVIDING 35 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN 36 EFFECTIVE DATE. 3/5 37 (City Manager) 38 39 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer 40 to approve this item. 41 42 Mr. O'Donniley explained that in examining our fees and 43 comparing them with those of surrounding jurisdictions, staff 44 found that they should be revised. 45 REGULAR CITY COMMISSION 7 MINUTES - December 21, 2004 1 2 3 4 5 6 7 8 9 10 11 With no further comments or discussion, the motion to approve this item passed by a 4 -0 vote: Commissioner Wiscombe: Absent Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea RESOLUTION (S) Resolution No. 194 -04 -11973 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING JENA STALY, JOYCE PRICE AND DONNA MASON, TO SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING DECEMBER 6, 2006; AND PROVIDING AN EFFECTIVE DATE. (Deferred 12/07/04) 3/5 (Mayor Russell) Moved by Commissioner Sherar, seconded by Commissioner Birts- Cooper to approve this item. Commissioner Sherar explained that his concern was about not giving other people the opportunity to serve on the boards. Mayor Russell explained the reasons for the re- appointments on the different boards on the Agenda. For instance, on the CRB, she said that this board had been neglected and that these members are doing a good job and that these re- appointments were actually the board's recommendation; they are a good group and are working together very well. About the CFW, Mayor Russell said that the board lost a couple of members and without these re- appointments they would not have a quorum for their meetings. Jena Staly has been incredibly active and has been guiding the Jr. CFW as well. Also, they are hosting the National Commission for Women in Dade County and are very much involved on that. About the ERPB, Mayor Russell explained that this member started on an unexpired term and that she is allowing her to finish a full term by her re- appointment and that she is also doing a good job. About Lisa Simeon, she said that her daughter is the chair of the Jr. CFW this year and they are having the meetings together this year. REGULAR CITY COMMISSION 8 MINUTES - December 21, 2004 Mayor Russell then explained that she is aware that the Planning Board terms expired on November 21St; however, it does not make sense that they all expire at the same time, and that they should be staggered terms and that she will be asking the Commission to help her in working this out; also, she is trying to distribute them geographically so that all the neighborhoods are represented. Mayor Russell said that she is not taking this lightly, it takes a great deal of her time and that she is trying to do her best so that the boards function the way they should. Commissioner Birts- Cooper asked the Mayor if they will be looking for someone for the Planning Board; she emphasized that we need someone on that board with planning expertise. Mayor Russell said that we do have people with those qualifications now, but that it is also as valuable to have the input of people without planning experience. Commissioner Sherar then said that the question could be called on each one of these board items with no further discussion. With no further comments or discussion, the motion to approve this item passed by a 4 -0 vote: Commissioner Wiscombe: Absent Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea Resolution No. 195 -04 -11974 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING LILLIE HARRIS AND FRANK CUZZOCREA TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING DECEMBER 6, 2006; AND PROVIDING AN EFFECTIVE DATE. (Deferred 12/07/04) 3/5 (Mayor Russell) Moved by Commissioner Sherar, seconded by Vice Mayor Palmer, the motion to approve this item passed by a 4 -0 vote: Commissioner Wiscombe: Absent Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea REGULAR. CITY COMMISSION 9 MINUTES - December 21, 2004 1 2 3 Resolution No. 196 -04 -11975 4 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND .6 COMMITTEES; RE- APPOINTING ALICIA MORALES -FERNANDEZ TO 7 SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION 8 BOARD FOR A TWO YEAR TERM ENDING DECEMBER 6, 2006; AND 9 PROVIDING AN EFFECTIVE DATE. (Deferred 12/07/04) 3/5 10 (Mayor Russell) 11 12 Moved by Commissioner Sherar, seconded by Vice Mayor 13 Palmer, the motion to approve this item passed by a 4 -0 vote: 14 15 Commissioner Wiscombe: Absent 16 Commissioner Sherar: Yea 17 Vice Mayor Palmer: Yea 18 Commissioner Birts- Cooper: Yea 19 Mayor Russell: Yea 20 21 Resolution No. 197 -04 -11976 22 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 24 COMMITTEES; RE- APPOINTING LISA M. SIMEON TO SERVE ON 25 THE COMMISSION FOR WOMEN, FOR A TWO YEAR TERM ENDING 26 DECEMBER 20, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 27 (Mayor Russell) 28 29 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar, 30 the motion to approve this item passed by a 4 -0 vote: 31 32 Commissioner Wiscombe: Absent 33 Commissioner Sherar: Yea 34 Vice Mayor Palmer: Yea 35 Commissioner Birts- Cooper: Yea 36 Mayor Russell: Yea 37 38 39 Resolution No. 198 -04 -11977 40 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 41 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 42 MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH H & R 43 PAVING, INC. FOR ROADWAY RESURFACING SERVICES TO BE 44 FUNDED THROUGH THE PEOPLE'S TRANSPORTATION TAX FUND AND 45 THE LOCAL OPTION GAS TAX TRUST FUND ACCOUNT NUMBERS 46 124- 1730 - 541 -3450 AND 112 -1730- 541 -4640 IN AN AMOUNT OF 47 $62,500; PROVIDING AN EFFECTIVE DATE. 3/5 48 (City Manager) REGULAR CITY COMMISSION 1 0 MINUTES - December 21, 2004 1 2 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar 3 to approve this item. 4 5 Commissioner Sherar said that he had some questions 6 about this item and that he had not really have enough time to 7 review it. Ms. Davis then recommended voting for the amount and 8 then they could discuss the locations later so that they do not 9 have to hold up the contract. 10 11 Mr. Balogun clarified some of the concerns for Commissioner 12 Sherar, explaining that when there are undergoing developments 13 we require the contractors to resurface the entire right -of- 14 way. He then continued to explain the resurfacing process. 15 16 Commissioner Sherar then spoke of his concern about streets 17 such as his where repairs are scheduled to be done in six 18 months for a possible leak; therefore, it may not be practical 19 to resurface it in the interim and end up with a patch. 20 21 Attorney Boutsis recommended to Commissioner Sherar that if 22 that is his only concern, that he could do an amendment to the 23 resolution providing for a second verification pertaining to 24 WASA's Emergency Department for those streets of concern, so 25 that they can proceed with the contract. 26 27 About replacing the old lines, Ms. Davis said that WASA 28 would determine if it is more economical to fix them than it is 29 to replace them. There is not a lot of capital dollars out 30 there to replace lines, Ms. Davis continued, saying that she 31 spoke specifically about this with WASA during the GOB. 32 33 Commissioner Sherar then moved to defer this item until the 34 next meeting and put it on the Consent Agenda. The motion to 35 defer failed for lack of a second. 36 37 With no further comments or discussion, the motion to 38 approve this item passed by a 3 -1 vote: 39 40 Commissioner Wiscombe: Absent 41 Commissioner Sherar: Nay 42 Vice Mayor Palmer: Yea 43 Commissioner Birts- Cooper: Yea 44 Mayor Russell: Yea 45 46 Vice Mayor Palmer said that WASA seems to have a long 47 standing problem with incomplete work, referring to the work on 48 62nd Street which has taken over a year and where they have left 49 two big holes; we have called them on several occasions to no REGULAR CITY COMMISSION 1 1 MINUTES - December 21, 2004 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 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 avail, she added. She also referred to other places such as "59" where the sidewalk is uneven with the potential for an accident. Mr. Balogun said that they would check it out. Mayor Russell said that we can start with the project and move forward; however, if between now and the next meeting Commissioner Sherar finds that there is a problem with some of these addresses, we could amend the locations and move some place else. She then referred to the property of one of her neighbors, where WASA came to do some water pressure adjustment, placing the heavy equipment on the driveway to get to the meter, causing a rupture and leaving holes which WASA should repair. Resolution No. 199 -04 -11978 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, TO HONOR HUMAN RIGHTS ACTIVIST REV. MARTIN LUTHER KING, JR., BY RE- NAMING CHURCH STREET (SW 5 9T PLACE) BETWEEN SUNSET DRIVE AND SW 62nd TERRACE, MARTIN LUTHER KING, JR. BOULEVARD; AUTHORIZING THE CITY MANAGER TO SUBMIT THIS RESOLUTION TO MIAMI -DADE COUNTY AND TO TAKE ALL OTHER RELEVANT ACTIONS NECESSARY; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (Mayor Russell) Moved by Vice Mayor Palmer, seconded by Commissioner Sherar to approve this item. Commissioner Birts- Cooper said that the reason for pulling this item was to discuss the fact that the selected street is too short to be called a boulevard, and perhaps some other such as a "drive" would be more appropriate. Mayor Russell proposed to co -name it as Martin Luther King Place. Ms. Davis said that we had the MLK Parade coordinators present and asked if the Commission would like to hear from them. One of the coordinators approached the podium and addressed the Commission, saying that they had given it great consideration as to what it should be called, and that at the majority of the communities and states that she has visited, she has found that they had chosen "boulevard" and not place or anything else. She then urged the Commission to support their recommendation. Vice Mayor Palmer said that many streets named after Martin should choose another activist Rights Movement such as Rosa Park REGULAR CITY COMMISSION MINUTES - December 21, 2004 12 she thought that there are so Luther King that perhaps they that was part of the Civil for instance. Commissioner Birts- Cooper said that it would not seem appropriate to have a parade in Martin Luther King's honor and have the street named after somebody else. Mayor Russell said that maybe we could name other streets after another important person; however, she said that they wanted to do this in time for the actual parade. The coordinator said that even though there is no doubt that there were many other activists who contributed to this cause, it was really the zest of Martin Luther King what brought this dream alive and that he should be recognized for that. Commissioner Sherar streets after anybody. saying that there are Luther King. He added policy, ordinance, or naming things. said that he does not believe in naming He also concurred with the Vice Mayor already many streets named after Martin that the City should have some type of resolution setting the criteria for Commissioner Sherar then moved to amend the resolution on line 28 under Section 2 to say "Rosa Park Place" instead of "Martin Luther King Jr. Boulevard." The amendment failed for lack of a second. With no further comments or discussion, the motion to approve this item passed by a 3 -1 vote: Commissioner Wiscombe: Absent Commissioner Sherar: Nay Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea Ms. Davis clarified for the Vice Mayor that the next step would be for Dade County to approve it and therefore the request will have to go before the County Commission. Mayor Russell said that they are going by the County's criteria that is imposed on us and perhaps they should be looking at some criteria for street naming. Resolution No. 200 -04 -11979 14. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A MONETARY DONATION FROM THE SOUTH MIAMI ROTARY CLUB FOR THE REPAIR OF THE FIELD LIGHTS AT MURRAY PARK REGULAR CITY COMMISSION MINUTES - December 21, 2004 13 AND OFFICIALLY NAMING THE FIELD AS "ROTARY FIELD AT MURRAY PARK "; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Vice Mayor Palmer to approve this item. Commissioner Sherar pulled this item, and again referred to the fact that we have no criteria for naming places. He said that he has an issue on how they are donating the money. Ms. Davis said that the Rotary offered to offset our expenses to do the repair. Commissioner Sherar said that Dan had mentioned that one of the things that the Rotary does around the world is to donate for potable water. He then said that in his opinion this money would be better used to provide potable water for one or two residents. Mayor Russell said that the idea is to recognize Rotary International's Centennial and at the same time help people become familiar with the Rotary and with what they do. Commissioner Birts- Cooper said that the Rotary can take care of things such as helping with potable water later; however, this is a special year for them and this particular thing is something special; and this is not to say that drinking clean water is not special. Vice Mayor Palmer said that in her estimation this is a very good idea, and that when doing something like this you want to impact as many people as you can with a donation; and having 500 people using the Park, this could reach maybe 500 people as they go through the Park; therefore, they are impacting a wider community because more people are benefited by this donation. With no further comments or discussion, the motion to approve this item passed by a 3 -1 vote: Commissioner Wiscombe: Absent Commissioner Sherar: Nay Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea 47 ORDINANCE (S) FIRST READING PUBLIC HEARING (S) 48 (None) REGULAR CITY COMMISSION 1 4 MINUTES - December 21, 2004 1 2 ORDINANCE (S) FIRST READING 3 (None) 4 5 COMMISSION REMARKS 6 7 8 Commissioner Sherar spoke for all the people that were in 9 attendance for item no. 14, saying that if the situation were 10 reversed and the people that were complaining about all the times 11 that they have had to come here were the ones who had something 12 that they wanted to get done, there is no doubt that they would 13 not be complaining. About the parking garage he said that instead 14 of a parking garage problem, he has a $6 million problem, 15 however, these things take time. He also said that this delay has 16 nothing to do with the Bank. About the signs he said that he does 17 not see a problem with Code Enforcement giving people with a 18 violation a notice warning them. He also said to make sure to 19 notice the public hearings. He then spoke about the American 20 troops scattered all over the world who are in "harms way" and 21 doing a great sacrifice. He then encouraged everybody to go to 22 the South Miami Post Office where a calling card may be purchased 23 and be sent overseas to those soldiers who always need to call 24 home, not only during the holidays. 25 26 Vice Mayor Palmer thanked Mr. Ricke and Ms. Stout -Tate for 27 the good work with the awards. About item no. 14 she said that 28 everything is being discussed at the dais and that is where they 29 make a decision. She also said to be happy to see Dan here 30 tonight. She finally said that she always decides according to 31 her conscience and tries to do the right thing to the best of her 32 ability. 33 34 Commissioner Birts- Cooper wished everyone a very safe and 35 happy holiday. 36 37 Mayor Russell said about item no. 14 that there are 38 different opinions about interpretations and that they will work 39 at it further at the next meeting and will make a decision on it; 40 also indicated to make sure that everyone is properly noticed on 41 the meeting. She also congratulated the Parks and Recreation 42 Department for all the good work with the bicycle awards and for 43 the concert. She congratulated the Clerk for the successful 44 annual Food Drive. She then asked to remember Commissioner 45 Wiscombe who lost one member of his family, and to keep him in 46 everybody's thoughts. 47 48 There being no further business to come before this Body, REGULAR CITY COMMISSION 1 5 MINUTES - December 21, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 the meeting adjourned at 10:11 p.m. Attest Maria M. Menendez City Clerk J: \My Documents \minutes \12.21.04 Minutes.doc REGULAR CITY COMMISSION MINUTES - December 21, 2004 �+�; Approved Mary Scott Russell Mayor