04-04-05 Item 1ar
1 City of South Miami
2 Regular City Commission Minutes
3 March 1, 2005
21
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, March 1, 2005, beginning at 7:30
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 Mary Scott Russell, Vice Mayor Velma Palmer, and,
14 Commissioners Marie Birts- Cooper, Randy G. Wiscombe and Craig Z.
15 Sherar.
16
17 Also in attendance were: City Attorneys Luis Figueredo, City
18 Manager Maria V. Davis and City Clerk Maria M. Menendez.
19
20 B. Invocation: The invocation was delivered in silence.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentation(s)
26
27 (None)
28
29
30 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
31
32 1. Minutes of February 15, 2005
33
34
35 Moved by Commissioner Wiscombe, seconded Commissioner Birts-
36 Cooper, the motion to approve the Minutes of February 15, 2005
37 passed by a 4 -0 vote:
38
39 Commissioner Wiscombe: Yea
40 Commissioner Sherar: Out of the Room
41 Vice Mayor Palmer: Yea
42 Commissioner Birts- Cooper: Yea
43 Mayor Russell: Yea
44
45 2. City Manager's Report:
46
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MINUTES - March 1, 2005
1
1 a) Request for a minimum of (2) Special City Commission
2 meetings to accommodate deferred City business agenda
3 items.
4
5 One Special City Commission meeting was set for Thursday,
6 March 10, 2005 at 7:00 p.m. This is in an effort to catch up with
7 some of the items that have been deferred.
8
9 b) Selection of dates to schedule a workshop on the After -
10 School Program.
11
12 Due to the upcoming Spring break they were unable to
13 schedule a date for this purpose.
14
15 c) Selection of date to schedule an executive session.
16
17 Tuesday, March 8, 2005 at 7:00 p.m. was set for this
18 session.
19
20 d) Request to move the first City Commission meeting in
21 April to Monday, April 4, 2005 to accommodate for "Dade
22 Legislative Days."
23
24 The Commission approved to hold the first meeting in April
25 on Monday the 4th instead of the 5th
26
27 Mayor Russell said that the Chamber of Commerce sends a
28 couple of high school students to Tallahassee to attend the
29 legislative session. The cost for them is $675. per child. She
30 then asked the Commission to support one child by donating $100.
31 each from their expense account.
32
33 Mayor Russell said that the child is coming from a South
34 Miami school, responding to Commissioner Wiscombe's inquiry.
35
36 Commissioner Sherar said that they could use his entire
37 ticket since he is not going.
38
39 Ms. Davis also announced that the problem on Sunset Drive
40 and US1 with cars stacking up, particularly in the morning, has
41 been resolved. She has been in contact with Secretary of
42 Transportation Jose Abreu about the possibility of diverting the
43 cars to 61st and 62nd Avenues and 59th Place. She said that
44 yesterday the State came in and they marked those lanes. She
45 said, however, that this might be on an interim basis because as
46 per the drawings from Charrette II, the sidewalks are supposed to
47 be widened and the drawings also call for two lanes in the area.
48 She said that the' Mayor will be requesting a resolution in the
49 near future so that we may implement the designs as prescribed on
50 Charrette II, from 62nd Avenue to US1. She has also directed our
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MINUTES - March 1, 2005
1 lobbyist to set up appointments with the appropriate people in
2 Tallahassee when they go for Dade Days to lobby the State to
3 allow us to do that and to look for grant dollars.
4
5 Ms. Davis also announced the new polling place for the
6 County's election for precincts 652/653 as 7710 SW 59 Avenue.
7
8 With no further comments or discussion, the City Manager's
9 Report concluded.
10
11 3. City Attorney's Report:
12
13 He said that he had received a call this weekend from
14 Commissioner Wiscombe regarding delivery of a package on an
15 agenda item for this evening. In order to avoid the perception of
16 the Jennings violation, he said that he has conferred with
17 counsel as to the contents of the package. At the time that the
18 agenda was prepared there were some missing exhibits and staff
19 wanted the Commission to have the item complete. However, out of
20 the fact that delivery was made without going through the City
21 Clerk, the packages were sealed and contained only the missing
22 exhibits to the Development Agreement. He then asked the Mayor to
23 confirm that at the time the item came up.
24
25 PUBLIC REMARKS
26 (5- minute limit)
27
28 David Tucker Sr. addressed the Commission reminding them of
29 the responsibilities of a public servant.
30
31 Ulises Martinez, Community Outreach Coordinator with the
32 office of the State Attorney addressed the Commission. He
33 explained that this division of the State Attorney's Office was
34 formed to help the citizens of Miami -Dade County become familiar
35 with the resources available to them through their office and
36 educate them on how to go about obtaining the services they
37 provide. They have programs helping youth, families and the
38 elderly. Their office telephone number is: 305 - 547 -0724.
39
40 Shirley Huebner spoke of various concerns that she has which
41 she outlined in writing and submitted to the City Clerk at the
42 meeting. They deal with traffic, parking congestion on 61St
43 Avenue between 74th and 76th. She also said that signage is
44 greatly needed in those areas.
45
46 Sharon McCain said that there has been a lot of noise
47 generated from what she thinks is Bougainvilla, mainly on
48 weekends, and urged the Commission to look into it. She then
49 referred to the problem of cars parking on the non - residential
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1 side of 74th Terrace. She said that a couple of weeks ago some
2 employees from Casa Larios Restaurant who come to work early in
3 the morning and leave early in the afternoon they go shopping at
4 Winn Dixie, taking out their groceries and leaving the carts in
5 front of an apartment complex nearby obstructing the entrance for
6 the residents. She also said that they leave litter such as
7 coffee cups on the floor. She urged the Commission to make the
8 downtown merchants comply with the City code and have their
9 employees park onsite. She then submitted pictures she took
10 showing cars parking on easements and all over the place.
11
12 Walter Harris said that it is time to hear what the
13 community is saying and he referred to a petition signed by 1,025
14 people over two years ago, requesting to have some saying in the
15 development and expansion of South Miami. He said that even
16 though it was brought on the ballot, because of the confusing
17 language on the questions, the results were negative. Mayor
18 Robaina at the time concluded that we did need to have another
19 election on this but we never did. He then urged the Commission
20 to consider the moratorium ordinances being proposed by
21 Commissioner Sherar.
22
23 Yvonne Beckman said that the State of the City Address was
24 lovely. She then referred to the Zoning Task Force saying that it
25 was composed of all kinds of people from development interests,
26 such as the attorney who is now representing Codina; the
27 newspaper editor who is now up- zoning his own property; a young
28 resident who has defended all kinds of development projects in
29 South Miami; and an architect who has done a lot of business in
30 South Miami. Moreover, she said that the recommendations of the
31 Zoning Task Force were never ratified. It was dismantled before
32 the final decisions were made. She said that they had made a lot
33 of recommendations relating to development and density. She said
34 that she also has an issue with the green space.
35
36 Cal Rosenbaum said that he has a piece of property that this
37 year the taxes increased by over 200 percent. He said that the
38 Commissioners are elected to watch over the people's money. He
39 said that the settlement for Charles Scurr is a giveaway.
40
41 Sarah Tompkins referred to the naming of MLK Boulevard. She
42 said that everything was in order and that she heard some things
43 that she would like to clarify. She said that information was
44 distributed by flyers throughout the neighborhood and the
45 community, announcing the naming of the street as MLK Boulevard.
46 She said that anyone having questions could have called. She then
47 urged the Commission to support what they have already voted on.
48
49 Cathy McCann referred to the Charter and a statement by the
50 City Manager at the previous meeting saying that our Charter has
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1 not been reviewed in ages, and that is not true, she said. She
2 said that the Charter was even reviewed and changed in 2000. She
3 said that the purpose of the Charter is to protect the governed.
4 She said that the $5,000 limit for purchases by the city needing
5 approval by the Commission has been increased through the years
6 in order to keep up with the times. It used to be $500, $1,000,
7 etc. She said that she is concerned because she believes that
8 there were violations of the Charter concerning the Hammocks
9 property, and she asked for the City Attorney to review this.
10
11 Dick Ward referred to a license tag that he found in an
12 antique shop while visiting in Tallahassee recently. The license
13 tag shows a saying he is usually referring to, "If you can't run
14 with the big dogs, stay on the porch." He said that he thinks
15 that the Charter has been violated twice with regard to the
16 Hammocks property, both because the amount exceeded the $5,000
17 limit, and also because the money was transferred from various
18 accounts.
19
20 Dan McCrea spoke in favor of the Bank project on the agenda.
21 He said that we spend a lot of time at the podium talking about
22 complying with the code, and many residents from time to time
23 come up here to complain about exceptions or variances that are
24 looked at which are beyond those that are envisioned in the code,
25 and we have here a project with an owner and a design team that
26 have worked very hard to stay within the code as it is written
27 and in spirit of what we have conceived of in a thoughtful
28 process in casting a comp plan and a zoning code. He then urged
29 the Commission to consider these matters carefully and to support
30 the items relating to the proposed project by the First National
31 Bank of South Miami.
32
33 Levy Kelly said that the workshop for the After - School
34 Program was not scheduled tonight and that this is very important
35 because it is an issue that it will not go away.
36
37 After there were no more speakers, the Public Remarks
38 section was closed.
39
40 Vice Mayor Palmer said that as far as the After - School House
41 is concerned, I am the one who had to push it along, but at this
42 time we really are swamped with items, but believe me, we are
,ter, the date fe +t-,. T ft �= Sel=�eel
43 going to push it along. pos `�,,,��,. ,���� date
45
46
47 Mayor Russell, with the unanimous consent of the Commission,
48 directed to take item no. 12 on the Agenda out of order and place
49 it right after item no. 9. This is because items no. 8, 9 and 12
50 are related to the same project.
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1
2
At this point Commissioner Birts- Cooper
pulled item no. 4
3
from the Consent Agenda (now no. 10); Commissioner Wiscombe
4
pulled item no. 5 (now no. 11) ; Mayor Russell
pulled item no. 7
5
(now no. 12).
6
7
CONSENT
8
9
Resolution No.30 -05 -12009
10
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
11
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
12
MANAGER TO EXECUTE AN AGREEMENT WITH SRS
CONSTRUCTION,
13
INC. FOR FIVE -POINT INTERSECTION RECONSTRUCTION IN AN
14
AMOUNT OF $18,540 TO BE CHARGED TO
PUBLIC WORKS
15
DEPARTMENT ENGINEERING & CONSTRUCTION
DIVISION AND
16
LOCAL OPTION GAS TAX TRUST FUND ACCOUNT
NUMBERS 001-
17
1790- 519 -3450 AND 112- 1730 - 541 -3450
RESPECTIVELY;
18
PROVIDING FOR AN EFFECTIVE DATE.
3/5
19
(City Manager)
20
21
Moved by Commissioner Wiscombe, seconded by Vice Mayor
22
Palmer, the motion to approve the Consent Agenda passed by a 5-
23
0 vote:
24
25
Commissioner Wiscombe:
Yea
26
Commissioner Sherar:
Yea
27
Vice Mayor Palmer:
Yea
28
Commissioner Birts- Cooper:
Yea
29
Mayor Russell:
Yea
30
31
32 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
33 (NONE)
34
35
36 RESOLUTION (S) /PUBLIC HEARING (S)
37
38 Resolution No.31 -05 -12010
39 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
40 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
41 PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT
42 CODE FOR SPECIAL EXCEPTIONS FOR "PROJECT SUNSET" A
43 UNIFIED DEVELOPMENT PROJECT IN THE "SR(HD -OV)"
44 SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING
45 DISTRICT TO PERMIT: (1) A SPECIAL EXCEPTION TO
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MINUTES - March 1, 2005
SECTIONS 20 -7.7B AND 20 -7.9B IN ORDER TO ALLOW A
TOTAL LOT COVERAGE OF 72.29% OR 139,435 SQUARE FEET
WHICH EXCEEDS THE MAXIMUM 60% LOT COVERAGE AND 60,000
SQUARE FEET; (2) A SPECIAL EXCEPTION TO SECTION 20-
7.9B TO ALLOW FOUR BANK DRIVE -THRU LANES WHICH EXCEED
THE MAXIMUM PERMITTED TWO BANK DRIVE -THRU LANES; ALL
FOR PROPERTY GENERALLY LOCATED AT 5750 SUNSET DRIVE
AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45,
53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51
AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF
THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; AND
PROVIDING AN EFFECTIVE DATE. 4/5
(City Manager)
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper and Vice Mayor Palmer to approve this item.
Tucker Gibbs, attorney representing the applicant, proceeded
to introduce to the Commission the team for this project. He
then said that they are in total agreement with the findings,
the recommendations and the conditions imposed by staff and by
the Planning Board. He said that this project is a culmination
of months of hard work, and this hard work has one goal in
mind, and that is to create a project that embodies the intent
of the Hometown Plan. The Bank is a 52 -year resident of the
City of South Miami, and the residents of South Miami are its
customers. It is our goal, he continued, to create a project on
that site that will be something of which every citizens and
business in the City will be proud. He said that they want to
present to the Commission a project that will be built as
advertised. He said that the Development Agreement is a
contract between the applicant and the City stating what they
are going to build, and that is a legal document that allows
that.
At this time all speakers giving testimony were sworn in by
City Attorney Luis Figueredo.
Victor Dover, the project's Planner conducted a presentation
by going over the renderings showing the project for a mixed -
use development with retail, office and residential components.
The project will be built on three contiguous blocks. In
summarizing he said that they are asking for: a Development
Agreement, an exception for four drive - through lanes, an
exception for lot coverage of 72 percent and the request for
the four restaurant use. He also summarized what they are not
asking for: not asking for re- zoning, not for more density, not
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for extra height, not for variances, and not for parking
reductions.
At this time Mr. O'Donniley presented the item on behalf of
staff. He explained that the applicant is requesting approval
to construct a unified development on a 4.5 acre property as
described above, including public land area which will be part
of the project's arcades. The project includes three mixed -use
buildings for: 108 dwelling units; 87,212 sq ft of commercial
space and 649 parking spaces.
At this point Mayor Russell disclosed that she received an
email from Jay Beckman which she sent to staff for response;
she also referred to the package that was hand delivered over
the weekend with the Exhibit portion of the Development
Agreement. She said that she had no discussion with anybody on
this at all. She has discussed some parking concerns with
members of the Bank about the problems that we are going to
have with parking during the construction phase; however, she
has seen an article on the project on the newspaper so
everybody must be aware of the project, and these are all the
disclosures that she has.
Mayor Russell then referred
tonight about the timing of
approval or votes on an item on
requested staff to clarify for
O'Donniley said that the votes
day of the meeting.
to a question that was raised
the Planning Board meetings'
the seven -day requirement and
all of those watching. Mr.
came prior to midnight on the
Commissioner Wiscombe said that the only thing for him to
disclose is the package that was hand delivered to him with the
Exhibits for the Development Agreement which he found in his
mailbox and that he immediately called the City Attorney
because he was concerned about it. About the email from Jay he
said that he has not opened it yet.
Mr. O'Donniley said that the item that Jay addresses on his
email is number 10 on the Agenda.
Vice Mayor Palmer said that she did not have any idea about
anything and that the first time that she heard about this
project is when Ms. McCain mentioned something about the Bank.
She said that she never met with anyone. She then went to the
City Manager for some further information.
Commissioner Birts- Cooper said that she received the package
and that she did not discuss the project with anyone.
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Mr. O'Donniley said that there is a definite separation
between use and review of site plans, and design elements. In
addition, in the system we have in our City, questions of use
and relating to the LDC come before the City Commission;
however, the ERPB is the Board that reviews the design,
landscaping, elevations, and there is an appeal process by
which the applicant may appeal to the Commission in the event
that they may feel that the Board has not been fair.
At this time the Mayor opened the floor for public hearing.
David Tucker Sr. said that he does not like exceptions. With
regard to the drive through lanes he said that he would like to
see more clearly how the cars are going to come back out and
incorporate into the traffic.
Eibi Aizenstat asked some information about the proposed
moratorium he has heard about. Commissioner Sherar said that it
is going to be about a four -story limit. He then said that he
would speak as a merchant. He said that the project is
wonderful and it is a good idea. He said that the proposed
increase in square footage as presented in terms of percentage
does not seem as dramatic as when you realize that what they
are increasing is from 60,000 sq ft to 139,500 sq ft. He also
referred to the fact that the construction of the parking
garage will be taking place at the same time as the
construction of this project, and urged the Commission to
consider the great amount of traffic that both projects will
generate for the downtown area. He also pointed out to the fact
that the Bank provides a lot of parking in downtown and many
small businesses depend on that, so he also urged the
Commission to consider that fact as well.
Yvonne Beckman said that she is happy with Mr. Aizenstat' s
clarification of the square footage increase because that has
been one of concerns too. She said that this is a beautiful
project but it is also massive. She said that a neighborhood
traffic impact study is needed, also a school analysis and an
environmental impact study. She is also concerned with so many
projects being built at the same time, particularly because of
the traffic impact. She then urged the Commission to have some
type of trust fund in place in case that the traffic becomes a
problem and needs to be mitigated. She also urged the
Commission to address the issues of the Task Force.
Tim Merker said that
that he is pleased with
to implement some traffic
he met with the developers privately,
the project, and urged the Commission
calming to go along with the project.
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1 Cathy McCann said that the City needs to look at a traffic
2 management plan for the entire City, something that would
3 combine the commercial and residential areas. She said that
4 Sharon McCain gave a very good presentation of the traffic
5 problems in the City at the Planning Board recently, because
6 she not only included this project, but other ongoing projects
7 giving the whole picture of the traffic impact. She said that
8 the traffic is something serious that should be taken into
9 careful consideration because it not only affects residents but
10 businesses as well. She urged the Commission to look at the big
11 picture when it comes to traffic.
12
13 John Edward Smith referred to all the items on the Agenda
14 related to this project. He also referred to traffic impact and
15 suggested that there are some lots in the area such as that of
16 Epiphany on Red Road which has a large parking lot and that it
17 is not utilized during the week and could be used for the
18 construction workers and shuttled in and from work.
19
20 Jay Beckman said that this project is in his estimation the
21 best possible development that could go there and the best to
22 promote the Hometown Plan. However, he said that as a condition
23 for giving special exceptions, the City should require that the
24 parkland requirement be taken care of before the special
25 exception is given.
26
27 Mayor Russell, referred to Page 2 of 4 of the staff's report
28 on Special Exception, in order to clarify that the statement
29 regarding the Zoning Task Force only refers to the fact that
30 the Task Force in 2002 recommended that the Hometown Overlay
31 District Regulating Plan be revised to add that "Lot coverage
32 =8028 maximum, if garage construction provides all required
33 parking." In addition, the Planning Board during its review of
34 the Task Force's Hometown regulations in November, 2004
35 endorsed this revision as part of a new chapter on zoning
36 districts.
37
38 Mr. Gibbs then responded to some of the questions raised
39 during the public hearing. He referred to Mr. Aizenstat's
40 statement regarding the 60,000 sq ft issue, or 20,000 maximum
41 per building. He said that they are creating a parking
42 structure in the center of the two blocks surrounded by
43 buildings and none of those buildings are over the 20,000 sq
44 ft. He said that this is being done in an effort to keep big
45 box -style buildings out of the South Miami downtown. He said
46 that the Bank wants their customers to be happy and they have
47 designed this project in order to help customers with parking.
48 He said that he wanted to clarify that they will always have
49 parking available during the construction phases. About the
50 suggestion for traffic calming he said that they are willing to
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MINUTES - March 1, 2005
sit down with the neighbors to talk about the specific
solutions that they seek to their problems, as well as working
with City staff. He said that a comprehensive traffic analysis
for the City is a great idea. The idea on how they are going to
mitigate on construction issues is an ongoing issue with the
City's Building and Planning Departments. With regard to school
concurrency he said that they are not asking for a rezoning;
they are paying impact fees which will be almost a quarter of a
million dollars but they do not have to pay mitigation fees
because they are not building more than what they are allowed
under the City's Zoning and Comp Plan.
Commissioner Wiscombe expressed some concerns with regard to
the impact that traffic generated from all of this construction
will have on the surrounding residential neighborhood. He is
concerned about the ingress / egress of the drive - through lanes
and where the cars will go. About the traffic calming efforts
he said as an example that the Hospital sent the City $40,000
to provide for traffic mitigation during their construction. He
said that this is something that they all will need to take a
look at. He referred to Commissioner Sherar's suggestion to use
Epiphany's lot for workers to park during construction. He then
suggested that an even closer site would be the vacant lot of
the old Sunset Theater and maybe the applicant could come to
some type of arrangement with the owner to allow the employees
to park there. As with regard to the parkland issue he said
that perhaps we could find some small lots on the east side of
the highway for a neighborhood park, and that he has one in
mind that he will be happy to bring.up forward. He said that he
already asked the City Attorney to draw up a resolution with
regard to the community wide traffic study, so that will
already be underway. He said that we have not done as many
things at one time in many years and it is not an easy task to
struggle with, particularly as how to work with the merchants
because everybody is going to be impacted.
Vice Mayor Palmer said that this is a good project; however,
we have come to a crossroad, and sooner or later we are going
to have to stop, look and listen. She said that she was
expecting a workshop on this matter so that she could be better
informed and instead she received the Agenda over which she
spent many hours reviewing it. She said that she thinks that
she is going to support it but that they do need more time to
consider this matter.
Commissioner Birts- Cooper said that she believes that this
is a good project and that the applicant has been very
sensitive in designing it and it is the best that could go in
that area. She said that they realize how important the
merchants are and that they have not been forgotten.
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MINUTES - March 1, 2005
Commissioner Sherar said that he does not like this process
whereby they have three things which they have to talk about
separately; therefore, he said he will talk about everything
all at once because he has read everything. He said that the
reason we have zoning is so that people who come to town can
build without having to come before the Commission every single
time to ask for permission. He said that someone asked about
the moratorium. He said that he only has problems above four
stories and this project is below that height. About the
traffic, he said that the reality is that everybody drives
through somebody's neighborhood at some point because the
traffic is congested all over and that is part of our society.
He said that he does not see this project having a big impact
on traffic. Also referring to traffic he said that everybody is
quick to complain but nobody comes up with a solution to the
problems. He said that there are six entrances and exits for
this project, and all but one of them are oriented north /south.
He then pointed to the big City map and continued to talk about
the different streets around downtown where some of them are
dead -end streets or go to nowhere. About the impact the
proposed restaurants will have on traffic, he said that the
restaurants will probably generate traffic at night. He
reiterated that he does not think that the impact on traffic
will be so great; however, he said that we do need to do
something about the construction workers' parking and that we
need to make sure that they park outside the downtown and as
far away as possible. About the green space issue, he said that
the only thing that he does not like about the project is the
little green plants that will be hard to maintain. He suggested
that it might be a good idea to congregate some of the green
space in one spot so that we will have something better than a
car bumper. He said that these are some nice buildings. About
the green space and the "Y" he said that finding green space is
the job of the developer.
Mr. Gibbs said that, as stipulated in the Development
Agreement, the applicant will pay for, or provide .8 acres. He
said that they will provide the money to the City to buy the
%NY...
'Commissioner Sherar asked whether we are loosing any on-
street parking by this configuration and Mr. O'Donniley
responded that we do not.
Mr. Gibbs explained that the parking structure on block A is
going to be built before anything else, so they will be able to
use that during construction. There is also public parking on
block C.
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MINUTES - March 1, 2005
Commissioner Wiscombe expressed his concern with the tight
curves and the possible problem for the large fire trucks
turning.
Mr. O'Donniley then said that it would be useful if the
applicant, by second reading, would supplement as an exhibit to
the Development Agreement a phase plan on how they are
proposing to manage the traffic.
Mayor Russell said that, as the Vice Mayor mentioned it, as
well as many residents and speakers also mentioned here
tonight, traffic and multiple construction are a concern. She
then referred to the different ongoing construction projects in
the vicinity of the downtown. She said that basically we are
looking at five constructions sites in the next couple of years
on the other side of the highway. To address the needs of the
merchants and the congestion downtown, the City Manager is
working on a centralized valet parking service where people
will be able to drop the car off, have lunch, walk down the
street and shop, watch a movie, etc., and then go to the person
in charge, give him the ticket and he will call for the car on
his walkie- talkie. To add to the construction pile, there is
the seven -story building going on in Coral Gables which we have
nothing to do with but it is additional construction nearby. We
are working with Coral Gables to eliminate the parking meters
on Red Road, northbound, which will open up two lanes of
traffic to alleviate the traffic somehow. She said that she
does not have any problem with the special exceptions on item
8, she also said that four restaurants are a possibility and
are fine with her, she does not have any problem with that; she
has no problem with the lot coverage either. She thinks that it
is exciting, that this is an integrated project and has the
potential to give us a beautiful downtown. She said that they
still have a great deal of work to do, and they need to work on
the Development Agreement which is probably the hottest issue.
With no further comments or discussion this item passed by a
5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
The motion to extend the meeting beyond 11:00 p.m. moved by
Commissioner Sherar, seconded by Vice Mayor Palmer, passed
unanimously.
REGULAR CITY COMMISSION 1 3
MINUTES - March 1, 2005
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
TO SECTION 20-3.4(B) (4) (b) OF THE LAND DEVELOPMENT
CODE FOR A SPECIAL USE APPROVAL TO LOCATE FOUR
GENERAL RESTAURANTS AS PART OF "PROJECT SUNSET" A
UNIFIED DEVELOPMENT WITHIN THE "SR (HD -OV)"
SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING
DISTRICT ALL FOR PROPERTY LOCATED GENERALLY AT 5750
SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,
40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET
OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3
AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE
COUNTY; AND PROVIDING AN EFFECTIVE DATE. 4/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
Commissioner Sherar requested to make a motion to defer the
staff and public remarks section to the Workshop. Mayor Russell
thanked the Commissioner for the idea but this item has been
advertised and they needed to follow proper procedure.
Mr. O'Donniley explained that within the Hometown Overlay
District, restaurants require special use approval; there is a
maximum limit of 50 percent to the ground floor. What we have
proposed here are two restaurants in Building A which will
occupy 5,028 sq ft, and two restaurants in Building B which
will occupy 7,792 sq ft, and in neither case they exceed the
maximum allowed. Two restaurants will face SW 57th Court and two
will face each other on opposite corners of SW 73rd Street and
SW 58th Avenue. The required parking is 138 spaces and they are
being provided within the parking garages. He then went over
the special conditions applicable and the Planning Board Action
which recommended approval at its February 22, 2005 meeting.
Then briefly, he also went over Staff's recommendations with
conditions: (1) The applicant to provide a floor plan for each
restaurant before obtaining occupational licenses; (2)
Restaurant and retail parking should be located and marked on
the ground floor of each garage; (3) If the proposed
restaurants are in the future determined by the Director of
Planning to be adversely affecting the health or safety of the
vicinity, or to be not in compliance with other applicable Code
provisions, the special use may be modified or revoked by the
City Commission upon notification and public hearing.
At this time Mayor Russell opened the floor for public
hearing.
REGULAR CITY COMMISSION 14
MINUTES - March 1, 2005
David Tucker Sr. said that he hopes that the restaurants are
creative and offer a variety of cuisine. He said he looks
forward to seeing a Chinese restaurant there. He also said that
he wishes them to be successful.
Yvonne Beckman again urged the Commission to ask the
developer for some type of mitigation. She said not to have a
problem with the approval of this request; however, she feels
that some money should be set aside in case that there is some
hardship on the residents such as noise and gum on the street.
She said that a taxing district is a very good idea. She then
asked about the pervious /impervious ratio and even though the
Mayor pointed out that this question may not be relevant on
this matter, Mr. O'Donniley said to refer to page 152 of the
LDC and check the open space requirement on the chart. Open
space is 5 percent for main streets; 5 percent for boulevards;
5 percent for downtown streets; and 6 percent for residential
streets. So the required minimum open space is set out on that
chart.
Tim Merker recommended having a plan in place to make sure
that the traffic does not spill over the residential
neighborhoods.
Mayor Russell said that this is a good point and that it
should be part of the Development Agreement.
Sharon McCain said to the Commission that it is time that
they listen to the residents. She urged them to make sure that
our South Miami downtown does not become another `busy' Coconut
Grove. She said that she is very upset about what one
Commissioner said about traffic that there would not be much of
an impact. She said that this Commission and the Commission
before, has shown no respect for the residents living in the
condos and townhouses from 74th to 80th Street and from Red Road
to 62nd Avenue. She said that she has attended every workshop in
the City to see whether her neighborhood is going to get any
grant money or capital improvement money and she believes they
will not be getting any of these monies in the near future. She
then showed on a map the impact on traffic that all the new
projects will have in the downtown area, particularly at the
Red Road and US1 intersection. She referred to all the upcoming
construction for downtown besides the ongoing projects. Mayor
Russell asked that Ms. McCain presents her views at the
Workshop. Ms. McCain said that she prefers to speak tonight
since they will be voting on the project. Ms. McCain said that
the City has not done enough to crack down on the merchants
that allow their employees to park on the front lawns. About
REGULAR CITY COMMISSION
MINUTES - March 1. 2005
15
1 the parking for the project she said that the spaces are not
2 evenly distributed among the three buildings.
3
4 With no further speakers the floor was closed for public
5 hearing.
6
7 Mr. Gibbs was allowed to present his rebuttal at this time.
8 With regard to the distribution of parking spaces within the
9 three buildings he explained that according to the Hometown
10 District Overlay Ordinance, when there is unity of title you
11 can share parking; this is to avoid having small properties
12 having all the parking onsite. What they have designed is to
13 keep all the parking within the unified development.
14
15 Commissioner Wiscombe referred to the MRP project as an
16 example where the fifth floor of the garage has been dedicated
17 for employee parking, and he asked if they plan to provide
18 parking for the employees of the restaurants.
19
20 Mr. Gibbs said that his understanding is that under the
21 parking code they can expect their employees to park within the
22 building.
23
24 Moved by Commissioner Sherar, seconded by Commissioners
25 Wiscombe and Birts- Cooper, and with no further comments or
26 discussion the motion to defer this item passed by a 4 -1 vote:
27
28 Commissioner Wiscombe: Yea
29 Commissioner Sherar: Yea
30 Vice Mayor Palmer: Yea
31 Commissioner Birts- Cooper: Yea
32 Mayor Russell: Nay
33
34 Moved by Commissioner Sherar, seconded by Commissioner
35 Wiscombe, the motion to extend the meeting for 15 minutes
36 passed 11:30 p.m. passed by a 4 -1 vote (Vice Mayor Palmer)
37
38 ORDINANCE(S) FIRST READING PUBLIC HEARING(S)
39
40 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT
42 AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221
43 FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT
44 SUNSET" WHICH WILL INCLUDE THREE BUILDINGS UP TO
45 FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES:
46 106 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES,
47 OFFICE USES, RESTAURANTS, BANK AND A PARKING GARAGES;
48 ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET
REGULAR CITY COMMISSION
MINUTES - March 1, 2005
16
DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU
45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS
51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198
OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
Mr. O'Donniley explained that the Development Agreement is
the third element of the applicant's approval process for a
proposed unified development project extending over three City
blocks.
At this time the Mayor opened the floor for public hearing.
Sharon McCain urged the Commission to watch the video on the
Planning Board meeting regarding this item before they vote
because the Planning Board made a motion to take the "Y"
completely out of this Development Agreement because that is
not a done deal. She then said that the perfect property for
the City to buy to provide for green space would be the Eckerd
on Sunset and 58th Avenue, which could be converted into a town
center. She said that this is the center of the City and it
would be for the benefit of the whole City. She said that the
people interested in purchasing the "Y" are people who have
small children that can participate in the programs they offer.
She also referred to number 36 relating to "abandonment of
right -of -way." Mr. O'Donniley explained that this language has
nothing to do with the entrance to block C. This simply means
that we would abandon the right -of -way but retain an easement.
Ms. McCain then suggested that this item be deferred until
after the Workshop.
David Tucker Sr. said he is really concerned about traffic.
He said that there are certain things which go beyond meters
and these are human activity and behavior.
Cathy McCann referred to Page 4 of the Development Agreement
saying that she is concerned with the way is written about the
parkland. She said that it should say what they have to provide
in land; the other thing she suggested is that all the language
relating to the "Y" be taken out.
With no further speakers the public hearing was closed.
REGULAR CITY COMMISSION 17
MINUTES - March 1, 2005
Commissioner Wiscombe said that he concurs with the Vice
Mayor in the sense that he really would have liked to have a
workshop on this matter before voting because that would allow
him to look at other options, whereby as it is they are not
given that opportunity. What he would like is to see the item
with regards to the "Y" struck until we can see what else is
out there which could be available and explore all the options,
and he suggested that this could be discussed at the workshop.
Ms. Davis explained that the "Y" is not dependent on any
project. The "Y" is being purchased.
Mayor Russell asked Commissioner Wiscombe whether he would
recommend that they strike the language on page 4 of 17; he
said "anything with regards to the "Y." However, he said that
this is temporary because when this comes back at the workshop
we may put the "Y" back in there.
Mr. Gibbs said that they have no objection with this
amendment.
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Palmer, the motion to amend the Development Agreement on Page 4
of 17 to strike the language related to the "Y," passed by a 5-
0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Vice Mayor Palmer referred to the purchase price with regard
to the "Y" and Mr. O'Donniley said that what staff supports is
an average price of what has been sold over the last year. She
then referred to the issue of affordable housing saying that
there is real need of that in the community and hopes that the
developer will think about it.
With no further comments or discussion this item passed as
amended by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
REGULAR CITY COMMISSION 18
MINUTES - March 1, 2005
1 Note: At this point the meeting was adjourned and all the remaining
2 items will be carried forward to the next meeting.
3
4 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
6 PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT
7 CODE FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A
8 LARGE SCALE DEVELOPMENT USE (SIX STORY MIXED USE
9 MEDICAL OFFICE / RETAIL) BUILDING AT 7150 -7160 SW 62nd
10 AVENUE IN THE "TODD (MU -5)", TRANSIT ORIENTED
11 DEVELOPMENT DISTRICT (MIXED USE 5); AND PROVIDING FOR
12 AN EFFECTIVE DATE. 4/5
13
14 (City Manager)
15
16 RESOLUTION (S)
17
18 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, OPPOSING THE
20 ESTABLISHMENT BY MIAMI -DADE COUNTY OF A POLICY
21 REGARDING INCORPORATION AND ANNEXATION OF COMMERCIAL,
22 BUSINESS, OR INDUSTRIAL (CBI) AREAS WHICH, IF ADOPTED,
23 WOULD BE INEQUITABLE TO EXISTING AND FUTURE
24 MUNICIPALITIES, IMPOSSIBLE TO IMPLEMENT, AND NOT IN THE
25 BEST INTEREST OF THE COMMUNITY AT- LARGE; AND PROVIDING
26 FOR AN EFFECTIVE DATE. 3/5
27 (Mayor Russell)
28
29 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA, TO HONOR HUMAN RIGHTS
31 ACTIVIST REV. MARTIN LUTHER KING, JR., BY CO-
32 DESIGNATING CHURCH STREET (SW 59TH PLACE) BETWEEN
33 SUNSET DRIVE AND SW 62ND TERRACE, MARTIN LUTHER KING,
34 OR. BOULEVARD; AUTHORIZING THE CITY MANAGER TO SUBMIT
35 THIS RESOLUTION TO MIAMI -DADE COUNTY AND TO TAKE ALL
36 OTHER RELEVANT NECESSARY ACTIONS; PROVIDING FOR AN
37 EFFECTIVE DATE. (Deferred 2- I5 -05) 3/5
38
39 (Mayor Russell)
40
41 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
42 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
43 MANAGER TO ISSUE AND ADJUST AMOUNTS OF OPEN PURCHASE
44 ORDERS PREVIOUSLY AUTHORIZED BY RESOLUTION TO VENDORS
45 WITH WHOM EXPENDITURES EXCEED THE $5,000 LIMIT FOR THE
46 CURRENT FISCAL YEAR AS OUTLINED IN THE CITY CHARTER;
REGULAR CITY COMMISSION 19
MINUTES - March 1, 2005
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CHARGING THE DISBURSEMENTS TO THE CORRESPONDING
DEPARTMENT EXPENSE ACCOUNTS AS APPROVED IN THE
2004 /2005 ADOPTED BUDGET; AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(City Manager)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO SIGN A TWO YEAR CONTRACT WITH BELLSOUTH AS
OUR LONG DISTANCE SERVICE PROVIDER, GENERATING
ESTIMATED SAVINGS OF $12,000.00 DURING THE TERM OF THE
CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
ORDINANCE (S) FIRST READING
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS; AND
CREATING SEC. 2 -26.11 ENTITLED "THE AFFORDABLE
HOUSING ADVISORY BOARD "; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5
(Vice Mayor Palmer)
COMMISSION REMARKS
There being no further business to come before this Body,
the meeting adjourned at 11:46 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - March 1, 2005
20
Approved
Mary Scott Russell
Mayor