04-04-05 Item 1b1 City of South Miami
2 Regular City Commission Minutes
3 March 15, 2005
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
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, March 15, 2005, beginning at 7:30
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Mary Scott Russell, Vice Mayor Velma Palmer, and,
Commissioners Marie Birts- Cooper, Randy G. Wiscombe and Craig Z.
Sherar.
Also in attendance were: City Attorney Eve Boutsis, City
Manager Maria V. Davis and City Clerk Maria M. Menendez.
B. Invocation: The invocation was delivered by Police Chaplain
Rev. Gregory Gaye.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentation(s)
a) "Women of Vision Wall" presentation of inductee and
proclamation.
Mayor Russell introduced Commission for Women members: Joyce
Price, Jena Staly, Monique de Paredes and Donna Mason. Joyce
Price conducted the presentation of "Women of Vision Wall"
inductee, Regina Lawrence, better known as "Mother Lawrence."
Born in 1896, died in 1983, she was a nurse /midwife who delivered
numerous babies in the South Miami area. At the conclusion of the
presentation by Ms. Price, the Mayor, Vice Mayor and
Commissioners presented a proclamation to the relatives of Ms.
Lawrence present.
b) Police Chaplain Rev. Gregory Gaye.
Chief Martinez and Major Mills presented Rev. Gregory Gaye
as the Police Chaplain for the Police Department. Major Mills
said that they all feel very happy to welcome Rev. Gaye aboard
and said that this is something positive for the Department.
REGULAR CITY COMMISSION
MINUTES - March 15, 2005
1
1 Rev. Gaye thanked the Chief and staff for this wonderful
2 opportunity and added that he holds this very highly because he
3 knows that police put their lives on the line everyday to protect
4 all of us.
5
6 c) Officer of the Month for January, 2005: Detective
7 Kathy Way.
8
9 Chief Martinez and Major Mills then presented the Officer of
10 the Month for January 2005 to Detective Kathy Way. Detective Way
11 joined the Force in 1993 and has been an exemplary member ever
12 since.
13
14 d) The Cultural Affairs Council of South Miami presenting
15 the City with a framed poster of the upcoming
16 ArtSouthMiami Arts Show.
17
18 George Garcia, representing The Cultural Affairs Council of
19 South Miami, presented the official poster for the event taking
20 place the 19th and 20th of March, thanking the Commission for
21 supporting the arts, and invited everyone to join them and attend
22 the event. They also presented two murals commemorating Columbus,
23 Day which were dedicated to the Community Center.
24
25
26 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
27
28
1. Minutes of March 1, 2005
29
30
Vice Mayor Palmer had an amendment on page 5, line 41 -43.
31
32
Moved by Commissioner Wiscombe, seconded
Commissioner Birts-
33
Cooper, the motion to defer the Minutes of March 1, 2005 passed
34
by a 5 -0 vote:
35
36
Commissioner Wiscombe:
Yea
37
Commissioner Sherar:
Yea
38
Vice Mayor Palmer:
Yea
39
Commissioner Birts- Cooper:
Yea
40
Mayor Russell:
Yea
41
42
2. City Manager's Report:
43
44
a. Quarterly Financial Report
45
46
Ms. Davis presented the First Quarter
of the Financial
47
Report for the Fiscal Year 04 -05, ending in
December 2004. The
48
first part consisting of the revenues, representing
25 percent of
REGULAR CITY COMMISSION 2
MINUTES - March 15, 2005
1 the year, and the second part consisting of the expenditures. The
2 Finance Director addressed the revenues and Ms. Davis addressed
3 the expenditures. At the conclusion of the presentation, Ms.
4 Davis said that she does not see any signs for concern on this
5 first quarter, and that she expects to present the report for the
6 second quarter by the end of April.
7
8 Commissioner Sherar referred to the construction downtown as
9 it relates to the parking meters. He then said that sometime in
10 the near future he would like to get a comparison for the last 3-
11 4 years for parking meter, ticket revenue and moving violation
12 fines. Ms. Davis said that she would be happy to do that, adding
13 that with the amount of construction that is going on downtown
14 parking meter revenue is up.
15
16 Mayor Russell requested a breakdown of delinquent taxes for
17 the next quarter presentation.
18
19 Ms. Davis then informed that in 2004 they wrote over 15,000
20 moving violation tickets, more than any other year, and she said
21 that she will provide them with a history over the last five
22 years.
23
24 Commissioner Wiscombe then referred to the list of deferred
25 and backed -up items saying that these meetings are becoming too
26 lengthy; he then proposed to hold a special Commission meeting on
27 a Saturday, starting in the morning, in order to catch up with
28 all the deferred items.
29
30 Vice Mayor Palmer said that she is not willing to keep just
31 going like this, but at the same time, if she makes the sacrifice
32 to come in and clean it up, she does not expect it to back up
33 again and do the same thing over and over because something must
34 be wrong somewhere.
35
36 Commissioner Wiscombe said to concur with the Vice Mayor,
37 and that this is a good way to clean it up, get it over with and
38 move on. We just need to make sure that the Manager and the Clerk
39 when they prepare the agenda that there are not a lot of big
40 items on the same night.
41
42 Commissioner Sherar said that he understands what they are
43 saying but the only days he has with his kids is Saturdays and
44 Sundays.
45
46 Vice Mayor Palmer said that she will make this sacrifice
47 just this one time.
48
49 Commissioner Birts- Cooper said that they need to evaluate
50 these meetings.
REGULAR CITY COMMISSION 3
MINUTES - March 15, 2005
1
2 Mayor Russell said that at the next Regular Commission
3 Meeting, they will have a discussion from 7:00 - 7:30 p.m.
4 regarding the format of the agenda in an effort to find a way to
5 expedite these meetings.
6
7 A Special City Commission Meeting was scheduled for
8 Saturday, April 9th starting at 9:30 a.m. The Commission
9 unanimously agreed.
10
11 Mayor Russell commended Commissioner Wiscombe for the idea
12 of holding a special meeting and that she thinks it is a good
13 idea.
14
15 Mayor Russell asked Ms. Davis about the towing issue.
16
17 Ms. Davis said that she is in the process of writing an RFP.
18 Right now we have a year -to -year contract that has been going on
19 for years. She said that she feels more comfortable with going
20 about with an RFP and rotating towing companies. She said she
21 also has a concern about the way we are storing vehicles. She
22 said that they will be putting it out within the next 30 -60 days.
23
24 Commissioner Sherar said to remember that the distance from
25 where the cars are towed could be long; the problem is that we do
26 not have an industrial place.
27
28 With no further comments or discussion, the City Manager's
29 Report concluded.
30
31 3. City Attorney's Report:
32 (NONE)
33
34 PUBLIC REMARKS
35 (5- minute limit)
36
37 David Tucker Sr. addressed the Commission in his own poetic
38 fashion, referring to all the developments going on in the City.
39
40 Cathy McCann expressed concern about item no. 14 relating to
41 a contract which has been in effect with the City and is
42 presently being brought back to the Commission for their
43 approval. She said that when they look at that item, that they
44 look carefully at the amount of time, or lack of it, that the
45 tennis courts are open for the general public. Most of the time,
46 as per the contract, has been devoted to organizations, private
47 lessons or to other things, leaving not enough time for people to
48 use unless they belong to a league. She then said that the
49 Commissioners have sworn in to uphold the Charter, and the
REGULAR CITY COMMISSION 4
MINUTES - March 15, 2005
Charter is a very sacred thing to her; it says how the City is
going to be run and how the Commission is going to do it; there
are certain things in the Charter that you must do, you don't
have a choice, and is up to you, as a Commissioner, Mayor or Vice
Mayor to see that the rules of the Charter are followed.
Dick Ward said that he has read in the newspapers for the
past couple of weeks about the progress of moving towards the
closing of the deal on the "Y ". As I said several months ago, he
said, I think that this is probably one of the best projects that
the City has ever been involved in. He then said that he enrolled
in the fitness program at the Community Center. He then referred
to the discussions regarding the cameras in City Hall. He said
that in this day and time, he is surprised that we have not
gotten them before; he would prefer cameras than locked doors as
we had before.
Walter Harris said that he agrees with the Mayor on item no.
12 relating to UDB since that is a very good project. He then
praised Commissioner Sherar saying that he is very well versed on
matters being discussed and that he sticks to his convictions. He
also urged the Commission to adopt the moratorium ordinances
particularly now that the City is working on the EAR process. He
also 'mentioned the upcoming citywide come together second annual
picnic and he announced that they would be having their first
meeting tomorrow at 6:00 p.m. at St. John A.M.E. Church.
Jay Beckman referred to item no. 12 on the agenda relating
to the UDB, urging the Commission to pull it out and amend
Section 3 of the resolution. This section relates to the County's
Comp :Plan as currently adopted, including the adopted 2003 EAR.
He said that there is a problem with that because the County's
Comp Plan in some respects is not very good and it needs to be
fixed, specifically in the area of concurrency. He said that we
all suffer from the lack of quality of life in this County
because of the lack of concurrency in terms of traffic and
parkland. He then urged the Commission to consider amending that
section to encourage infill development; stricter concurrency
laws to promote a higher quality of life for current and future
residents, specifically concurrency law and application should be
changed as follows: 1. Some form of traffic concurrency should be
in effect for all areas of Miami -Dade County; 2. The County needs
to come up with a plan to provide for parkland for the
unincorporated areas; 3. There should be new County laws
mandating school concurrency with reasonable class sizes. He then
urged to make those changes and support the item.
Cal Rosenbaum commended the Commission and the City Manager,
adding that even though he does not agree with everything that
has been done, this is the first time that there has been give
REGULAR CITY COMMISSION 5
MINUTES - March 15, 2005
1 and take up here, and we have a manager that some people don't
2 like because she is efficient, she works hard, and works harder
3 than anyone than we have ever hired. He said that we are required
4 to accept change just as we accept death and taxes. He said that
5 he may not like to see growth and have 20 -story buildings as they
6 did in Miami Beach, but that he is in favor of the coordinated
7 growth on the Bandon Lurie project on 62nd Ave, and the South
8 Miami Corporation on Sunset Drive. This City needs to grow; we
9 have a Rapid Transit Station; we are in the geographical center;
10 and whether we like or not, we are now the third largest medical
11 center in Miami -Dade County; we have one of the top three
12 institutions of higher learning in the State of Florida across
13 the street. We cannot change what the State does, the only thing
14 we can do is change our elected officials. He then reiterated his
15 words of commendation towards the Commission and the City
16 Manager.
17
18 Beth Schwartz asked for clarification as to the cancellation
19 of the Brandon Lurie item. She said that she is not anti -
20 development and wants to see responsible development. However,
21 she said that her neighborhood, Cocoplum Terrace, is surrounded
22 by new developments, and even though she is in favor of the
23 project, she would like to see the traffic calming in the
24 neighborhood continue. There were several traffic studies that
25 were done, both of which suggested closure of 70th Street. She
26 then urged to have 70th Street included in the next traffic
27 study.
28
29 Yvonne Beckman urged the Commission to support the item
30 relating to the UDB.
31
32 At this time the Mayor stopped for a 5- minute recess. After
33 five minutes the meeting resumed.
34
35 Sharon McCain urged the Commission to request that all back
36 up information for the different items be available for the
37 public. She then referred to the security cameras that have been
38 installed recently in City Hall saying that they do not belong
39 here.
40
41 Levy Kelly acknowledged Commissioner Wiscombe for his
42 initiative to get the agenda going.
43
44 At the end of the public remarks section, Mayor Russell
45 addressed the public regarding disruption in the Chambers such as
46 unnecessary clapping, boisterous behavior or other; the person
47 causing those types of disruptions will be asked to leave the
48 Chambers. As far as the security in this building goes, she
49 added, that is a managerial responsibility and she said that she
50 is surprised that this was not addressed sooner; it was a
REGULAR CITY COMMISSION 6
MINUTES - March 15, 2005
1 decision made with the Police Chief. In addition, that
2 expenditure is within the City Manager's authority, and something
3 that she did notified all of us, she added.
4
5 At this point Commissioner Sherar pulled item no. 6 from the
6 Consent Agenda (now no. 14)
7
8 Vice Mayor Palmer said at this time that she wished to
9 respond to the Mayor's statement that they had all been notified
10 about the security cameras. The Vice Mayor said that she was
11 informed last week about it, and that she responded that even
12 though it is necessary it would be wise if this had been
13 discussed with the Commission.
14
15 Commissioner Wiscombe said that he did not know until three
16 or four people called him and that he would have liked to have
17 known what was being done.
18
19 Ms. Davis said, with all do respect, that she emailed each
20 of the Commissioners when they got here to begin installing. She
21 then said, let's look at our Charter and the City Manager's
22 responsibilities under the Charter. The City Manager is the Chief
23 Administrator Officer of the City. Her expending authority is
24 $5,000. It is her job to ensure that the safety, health and
25 welfare of everyone in this building as well as the Finance
26 Department; that also included a keypad locking system to get in
27 and out of the Finance Department because we have many people
28 that just storm right in when there is money in there; the women
29 in that department are very much concerned about the lack of
30 security in that department. She said that if she cannot make a
31 $3200 decision without commenting and running to her Commission
32 and telling them that she is going to be putting security
33 measures in our building, then she thinks that they need to
34 change the Charter.
35
36 Commissioner Wiscombe reiterated that the thing that he does
37 not like to have happened is to find out after they were
38 installed. He said he got phone calls before he got the email
39 from the City Manager.
40
41 Commissioner Sherar said that he does not care; he thinks
42 that it is a managerial decision. He said that first they
43 complain that there is too much control; then they complain that
44 there is not too much control; nobody can ever be happy.
45
46 Vice Mayor Palmer said that $3200 did not come into question
47 here; what came into question is that she received an email
48 saying that the cameras have been installed that day.
49
REGULAR CITY COMMISSION 7
MINUTES - March 15, 2005
1 Ms. Davis said that the Charter is quite clear, the
2 Commissioners are policy makers; she is the operations person,
3 and sometimes, she added, I think that we forget our rolls. She
4 said that she does not forget hers; they all receive a monthly
5 report of activities and she emails them consistently on all
6 things happening in the City. She then said that she will be
7 happy to sit down with each of the Commissioners; go through
8 the Charter, and her job description, and discuss the
9 delineation of duties at that time. She then apologized to the
10 Mayor and to the community.
11
12 Mayor Russell then said to the City Manager that perhaps
13 this could be solved by more frequent communication via
14 telephone instead of computer with everybody because sometimes
15 it is easier to pick up the phone and maybe that is what this
16 Commission is going to require of you on a one -on -one basis.
17
18
19 CONSENT
Resolution No. 34 -05 -12013
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
COMMISSION MEETINGS; RESCHEDULING THE APRIL 5, 2005
CITY COMMISSION MEETING TO MONDAY, APRIL 4, 2005;
PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
Resolution No. 35 -05 -12014
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO LOAN
REPAYMENT; AUTHORIZING THE CITY MANAGER TO USE AN
AMOUNT NOT TO EXCEED $275,000 FROM THE LOAN PROCEED AS
NEXT PAYMENT FOR THE $6.5 MILLION PARKING GARAGE LOAN
SCHEDULED FOR MAY 1, 2005; PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
Resolution No. 36 -05 -12015
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $12,910.89; CHARGING
$12,910.89 TO ACCOUNT NO. 001- 1500 - 514 -3410, LEGAL
SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.
3/5
(City Attorney)
REGULAR CITY COMMISSION 8
MINUTES - March 15, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, the motion to approve the Consent Agenda passed by a 5-
0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
UNFINISHED BUSINESS:
RESOLUTION (S) /PUBLIC HEARING (S)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT
CODE FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A
LARGE SCALE DEVELOPMENT USE (SIX STORY MIXED USE
MEDICAL OFFICE / RETAIL) BUILDING AT 7150 -7160 SW 62nd
AVENUE IN THE "TODD (MU -5) ", TRANSIT ORIENTED
DEVELOPMENT DISTRICT (MIXED USE 5); AND PROVIDING FOR
AN EFFECTIVE DATE. 4/5
(City Manager)
Tony Recio, on behalf of the applicant, requested a deferral
for this item until the next meeting.
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Palmer, the motion to defer this item to the next meeting as
per the applicant's request passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 37 -05 -12016
8. 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
REGULAR CITY COMMISSION 9
MINUTES - March 15, 2005
1 ALL
FOR PROPERTY LOCATED GENERALLY AT
5750 SUNSET
2 DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU
3 45,
53 THRU 66 INCLUSIVE AND THE EAST 50
FEET OF LOTS
4 51
AND 52 OF W. A. LARKINS SUBDIVISION
ACCORDING TO
5 THE
PLAT THEREOF RECORDED IN PLAT BOOK 3
AT PAGE 198
6 OF
THE PUBLIC RECORDS OF MIAMI -DADE
COUNTY; AND
7 PROVIDING AN EFFECTIVE DATE.
4/5
8
(Deferred 03101105
9
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
At this time City Attorney Boutsis reminded the Commission
to disclose any ex -parte communication with regard to this
hearing. She then disclosed letters that were sent to all the
Commissioners: from Jay Beckman dated 2/28/05; from Lisa
Carstarphen, 3/14/05; from Ines Vollmer, 3/15/05; Independent
Bankers' Bank, from M. Donald Streaker, Vice President,
3/15/05; Michael P. Newman, D.C. P.A., 3/15/05; and Mac Donald
Imperial Cleaners. Ms. Boutsis asked whether they still would
be able to make an independent decision on this matter even if
they had this ex -parte communication and they said they would
be able to make an independent decision.
Commissioner Sherar said that he had a telephone
conversation with Lisa, the one who sent the email, but the
conversation was mostly about traffic than it was about the
project.
Vice Mayor Palmer said that the only thing she had is these
emails, including Ms. McCain's that sent her one today but that
she did not get the chance to read.
Mr. O'Donniley introduced the request for a special use
approval to locate four general restaurants as part of "Project
Sunset."
Architect Victor Dover then went over a visual presentation
of the project describing what he called a more visionary,
vital downtown as envisioned by our Hometown Plan.
At the conclusion of Mr. Dover's presentation, Mayor Russell
referred to the landscape plan and asked Mr. O'Donniley to
explain the process and the requirements that the ERPB will be
going through when they review this project. He explained that
the ERPB will look at the elevations and the landscape plan. He
said that regarding the landscape plan, they start with a
survey of what is onsite, which includes the existing trees,
REGULAR CITY COMMISSION 10
MINUTES - March 15, 2005
and generally speaking they ask the applicant to design around
them wherever possible to disrupt them as little as possible;
if they need to be moved, we have provisions in our Code for
replacement canopy that it is applied.
Mayor Russell then said that the other item is the
reflective roofing with lighter color roofing on the main
portions and asked whether this is part of the plan. Mr.
O'Donniley said that they have not submitted roof materials
yet.
At this time Mayor Russell opened the floor for public
hearing.
David Tucker Sr. said that in his opinion this is one of the
best professional presentations that he has ever seen. He then
said that he presumes that even though four restaurants with
such close proximity could be risky but that he trusts that
they know what they are doing. He also said that the parking is
a very important component for the success of any restaurant.
Cathy McCann said that this is a wonderful project; however,
the City will have to put up with the traffic, the parking, and
the noise. She then urged the Commission to use the money that
the Bank is going to provide for the parkland and use it for
building that downtown public space now.
Shirley Huebner questioned
restaurants in the City. She
manage growth in the City.
whether we really need more
then urged the Commission to
Mayor Russell said that she spoke with the Manager today
about asking the Parking Committee for some assistance and
recommendation as we move forward with this.
Donna Mason said that this project really is a dream come
true and specially having one of our own, referring to Mr.
Dover, working with it.
Lidia White spoke as a former resident who used to be very
involved with the community. She said that this applicant is
not like others that will build, sell and leave. The Bank is
here to stay, they are our neighbors and care for the City. She
said that she really cares for this project.
John E. Smith said that this is a project of extreme
excellence which articulates the vision of the Hometown Plan.
He said that the variety of restaurants in the City is good; he
mentioned a new one from Plaza 57, and now these at the Bank,
and they all help to create ambiance. He then urged to think of
REGULAR CITY COMMISSION Z l
MINUTES - March 15, 2005
some excellent restaurants with some excellent chefs to fill
these spaces. He said that the articulation of the restaurants
is very food, and suggested that art depicting the project and
displayed on a billboard done by local students will bring the
community into the process.
Yvonne Beckman recommended that a trust fund should be in
place in that traffic becomes a problem.
David Fry said that this is a good project. He questioned as
to what is the protection of the City against the failure of
this project. About the restaurants he said that he hopes that
they get good tenants but that they stay on their own two feet
because there is not anything that the City or the Bank can do,
but it is how they manage their own restaurant. He said that
all utilities will need to be upgraded and asked who will be
paying for it. He also urged to have a trust fund that would be
administered by the Manager. He also recommended a written
agreement and a five -year moratorium on the decrease of any
assessed value so that we don't have a repeat of what we had
with the Shops at Sunset. He also recommended an arbitration
set up for any disagreement with a representative of the City,
the developer, and a mutually agreed person.
Sharon McCain said that she has never been against this
project. She hopes that the restaurants are successful and she
brought up the issue of outside dining, expressing concern with
the size of the parking lots and the outside dining. She also
expressed concern about the employee parking.
Steve Smith said that the Bank has done an excellent job in
planning and preparation and hopes that they put the same
effort in planning and preparation in anticipation of the
disruption that goes along with all constructions.
Henry Courtney said to be the owner of the building where
the Washington Mutual Bank is, and also practices law on Dorn
Avenue. He said he is amazed at how busy that little street is
and how much people enjoy going there. He then said that he has
a particular knowledge of what is happening because as a former
mayor of Miami Shores, he remembers the big issues that the
city had with restaurants on 2nd Avenue; they had business
owners and other people against capital improvements in terms
of infrastructure, and unfortunately all the improvements that
he was hoping that would happen, did not happen, and as the
result, Miami Shores went down. He said that he is here to
support the project because one of the reasons for which people
love to come to South Miami is because of the restaurants and
the outdoor cafes.
REGULAR CITY COMMISSION 12
MINUTES - March 15, 2005
Jay Beckman said that this is a very appropriate and very
responsible project that will make the City better. With
regards to the restaurant issue, he believes that it is
extremely responsible that they have included the provision
that in the event that these restaurants may create any type of
problem in the future that the City can shut them down. He then
added that he met with the South Miami Homeowners' Association
(SMHOA) concerning this project and there was unanimous support
for it.
With no further speakers the publish hearing on this item
was closed.
Mayor Russell, on the issue of enforcement on SW 74th
Street, asked Ms. Davis to address the measures being taken by
the Manager and the Police to be implemented right away so that
we can get a handle on the concerns that have been raised,
ahead of time and not after the project is built. This is our
proactive response to the concerns that we heard last evening,
she added.
Ms. Davis said that the Chief and the Major outlined the
plan today because of the comments that were brought forth last
night and she let the Chief address the issue.
Chief Martinez then went over their plan which will consist
of increasing motorcycling enforcement particularly during the
peak, Friday and Saturday night when there is intrusion in the
residential areas. The specific areas for target that he
mentioned were, south of 73rd Street, about 76th Street, from
about 57th Court up to US1 and also including the neighborhood
south of that area along 58th Avenue.
Mayor Russell then thanked Ms. Davis, Chief Martinez and
Major Mills for their prompt response.
Commissioner Wiscombe then asked Ms. Davis if on 74th a
signage is going up so that we can enforce that also. She said
that Public Works is dealing with that.
Mayor Russell said that last night there was mentioned that
that area gets no attention; however, with the citywide traffic
calming, the first curve stop signs and studies were done
there, and then we moved to 80th Street and tried to add some
stops to control speeders, and we are trying to do it for the
entire City. She said that a lot of misinformation is put out
there and this is to clarify for the record that this was the
very first area that the Commission addressed.
REGULAR CITY COMMISSION 13
MINUTES - March 15, 2005
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Palmer to extend the meeting beyond 11:00 p.m. passed by a 5 -0
vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Mayor Russell at this time disclosed for the record that she
remembers speaking to two merchants regarding the traffic
concern, Ed Boas and David Silver.
Vice Mayor Palmer asked how much taxes this project will
generate. Staff responded that we do not have that information
yet. She then asked why this project is proposing to include
four restaurants.
Mr. Dover said that the answer would be an intuitive one;
they looked at the edges of the street corners and where the
possible action would be in relation to the upcoming
restaurants in that area, and they thought that those
restaurants would create ambiance particularly at the corner of
58th Avenue and 73rd Street. He then said that getting approval
for the restaurants beforehand will help in attracting tenants.
Commissioner Wiscombe asked the applicant whether they plan
to do something similar as to what Brandon Lurie has done with
regards to the meters, and block off any areas during
construction because he is concerned about overlapping.
Mr. Dover said that there is no question that at certain
points a segment of the street edge will have to be taken out
of service and interrupt pedestrian access temporarily.
Commissioner Wiscombe also said that one of the things that
he wants to make sure that we have on the Agreement is what
Brandon Lurie did in regards to charging for the parking meters
and making sure that is all taken care of.
Commissioner Sherar referred to some people's concerns about
the outdoor restaurants and people intruding in the sidewalks,
explaining that the Land Development Code (LDC) specifically
provides that restaurants cannot use the public sidewalks.
Mr. O'Donniley said that they would have to come back for
outdoor seating approval because that is a separate matter.
REGULAR CITY COMMISSION
MINUTES - March 15, 2005
14
36
37
38
39
40
41
42
43
44
45
46
47
48
Vice Mayor Palmer asked for clarification regarding the
outdoor dining requirements in terms of outdoor space. Mr.
O'Donniley explained that the City does not have to grant
approval if they do not have adequate space.
Commissioner Sherar said that he appreciates the openness on
the part of the applicant about requesting approval for the
restaurants at this stage. He then spoke about the failure
factor saying that it is part of a free market society and if
they fail, whatever is left there it will be worth more than
those parking lots that are there. He said that he is going to
support it because they are showing good planning and good
faith.
Commissioner Birts- Cooper commended First National Bank for
putting together such an excellent team, half of them live in
the City; this will encourage people to walk around downtown
more; she feels very happy about this project and will support
it.
Mayor Russell said that she thinks that all the protective
measures are in place; she thanked all the residents that came
out and expressed their concerns about the project as a whole,
not just the restaurants; she thanked the applicants for their
patience and the expertise they shared and their willingness to
agree in advance to work with us on the traffic issues.
With no further comments or discussion, the motion to
approve 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
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
Ordinance No. 05 -05 -1827
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT
AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221
FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT
SUNSET" WHICH WILL INCLUDE THREE BUILDINGS UP TO
FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES:
1-06 108 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES,
OFFICE USES, RESTAURANTS, BANK AND A PARKING GARAGES;
ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET
REGULAR. CITY COMMISSION 15
MINUTES - March 15,.2005
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 Vice Mayor Palmer, seconded by Commissioner Sherar
to approve this item.
Ms. Boutsis made a correction on behalf of the developer
stating that the number of units are 108.
Mr. O'Donniley introduced the item. The applicant is
requesting approval of a Development Agreement for a 4.5 acre
property as described above; a total of 108 dwelling units and
87,212 sq ft of commercial space will be constructed in one
phase. The Planning Board at its February 22, 2005 meeting
adopted a motion recommending approval of this Agreement with
one condition set forth by staff. He then went over the main
points in the Development Agreement.
At this point the Commission started the discussion about
certain amendments to the Agreement.
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Palmer, the motion to add item (g) to Section 8, that all
blocked meters will be paid for, passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Commissioner Wiscombe said that the other concern that he
has is regarding the traffic calming, saying that he would like
to have some type of trust fund set up or an escrow account for
this purpose. He mentioned the Hospital that provided the City
with $40,000, as an example.
Vice Mayor Palmer said that when we started
mentioned that if we have a citywide study that
is building should share the burden of the cost
and not just one developer.
REGULAR CITY COMMISSION 16
MINUTES - March 15, 2005
out, she had
everyone that
for the study,
1 Mayor Russell said that the difference is that a non- profit
2 does not pay taxes and the for- profit will be paying into our
3 tax base; therefore, it seems almost unfair to impose an
4 additional significant fee,' but something in the trust fund
5 will be a gesture of good faith and I am interested in hearing
6 what you all come back with, she added.
7
8 The discussion then centered on the traffic calming issue.
9 Commissioner Wiscombe asked Ms. Davis about the cost of the
10 traffic calming devices and she said that it is about $20,000.
11 The Commission then said that $40,000 would be suitable for
12 them.
13
14 Moved by Commissioner Wiscombe, seconded by Commissioner
15 Birts- Cooper to add the following language as an additional
16 paragraph to item 5 (a) as the result of the outcome of the
17 traffic analysis, the developer has agreed to offer into a
18 trust fund $40,000 to assist in traffic calming.
Commissioner Sherar said that he is going to vote against
this amendment for two reasons; first, because he does not
think that they should hold them up to this; secondly, because
this traffic calming thing to him is a problem; enforcement is
what is going to make traffic calming work, he said.
Commissioner Wiscombe said that he is willing to defend his
position on that.
Mayor Russell said that, philosophically, because it is not
a non - profit, she is inclined to agree with Commissioner
Sherar; however, it is a good faith gesture, just to continue
to show what a good neighbor the Bank is willing to be; she
said she will vote for it and accept the generous offer.
At this time the Mayor opened the floor for public hearing.
Tim Merker said that the only thing he would ask is to see
in the Agreement that the parking garage on 58th Avenue to exit
in the northbound direction and keep that commercial traffic
flowing towards 73rd, 72nd and US1, and not into south and into
the residential district.
Sharon McCain referred to the green space saying that she is
going to push for the purchase of the CVS property towards a
town center.
Ms. Huebner said that this is an excellent project and it
meets all of our City's requirements. She commended the
applicant and urged the Commission to go forward with this
agreement. She then commended Commissioner Wiscombe for his
REGULAR CITY COMMISSION 17
MINUTES - March 15, 2005
addition, and asked to add a possible amendment to that and
call it traffic management /calming.
With no further speakers the public hearing was closed.
Vice Mayor Palmer said that she had asked the applicants,
for their consideration, as far as affordable housing is
concerned and asked whether they had a response at this time.
Mr. Blockoff said that the Bank has done 17 loans for
Habitat houses in the last five years, and they continue to
support that kind of project. He said that part of a bank's
requirements as a bank is to provide support for affordable
housing and for community reinvestment and they have done that.
Mr. Dover with regard to the affordable housing question
said that the approach for this project is that of raw houses
that would have accessory dwelling units behind them which are
permitted in the Hometown District. These units have the
ability to put very small sub -print units above the garage
which can be used for part of the extended family or can be
rented to someone else. This is a technique that is favored by
Fannie Mae and Jennie Mae under the Housing Department, and
they go around the Country recommending that communities
reintroduce these accessory dwelling units. He also explained
that there is certain control over the use of these units
because the new home buyers would be members of an association,
as it occurs with a condominium, and would be subject to
covenants and restrictions and to association rules and those
can be written in such a way to make sure that those units are
kept up and that the occupants do not become a nuisance to
their neighbors.
Vice Mayor Palmer said that this is not what she is looking
for, but rather, maybe five or four units that would be sold
for a little less; or that people could qualify with less money
because nurses, for instance, cannot qualify for $300K because
of their salary.
Mr. Dover then said that there are nine of those units out
of the 108 units within the project.
Commissioner Sherar then referred to the park concurrency
issue. He said to have a problem with it because if we acquire
the "Y" we will have a surplus of park acreage from which the
next developer that comes into town will be benefiting, or have
a "free ride."
Mr. O'Donniley explained that since we are going through the
EAR process, we have an opportunity to establish required
REGULAR CITY COMMISSION 18
MINUTES - March 15, 2005
levels of service to address issues such as operational. Right
now the only thing we have is in terms of acreage, but in the
future we may be addressing operational, and that developer
will need to meet that level and standard of service; they may
escape acreage but find that they now have a responsibility for
operations.
Commissioner Sherar proposed an amendment to strike item 5
(b), and put in its place: it is the developer's responsibility
to find .8 acres of land acceptable to the City for a public
park prior to the issuance of a certificate of use and a
certificate of occupancy for the first residential unit on the
property. This motion died for lack of second.
With no further comments or discussion, the motion to
approve this item as amended passed by a 4 -1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Ordinance No. 06 -05 -1828
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF
SOUTH MIAMI PENSION PLAN, PROVIDING FOR ELIGIBILITY
AT DATE OF EMPLOYMENT FOR POLICE OFFICER EMPLOYEES OF
THE CITY OF SOUTH MIAMI; PROVIDING FOR A MINIMUM RATE
OF BENEFIT ACCRUAL FOR POLICE OFFICER EMPLOYEES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
(Deferred 12/07/04) 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Birts- Cooper to approve this item.
Ms. Davis explained that this item was deferred from
December in order to get some clarification on some issues
which our Pension Attorney, as well as the Actuary, have
clarified.
The Mayor opened and closed the floor for public hearing
with no speakers.
REGULAR CITY COMMISSION 19
MINUTES - March 15, 2005
1 Commissioner Sherar said that basically, the City was out of
2 compliance from 1994 -95 because by State law we have to give
3 the police officers a .20 multiplier on their pension. He said
4 that he has a problem with this but because of the ongoing
5 negotiations with the police the matter cannot be discussed at
6 this time.
7
8 With no further comments or discussion the motion to approve
9 this item passed by a 4 -0 vote:
10
11 Commissioner Wiscombe: Yea
12 Commissioner Sherar: Yea
13 Vice Mayor Palmer: Absent
14 Commissioner Birts- Cooper: Yea
15 Mayor Russell: Yea
16
17
18 RESOLUTION (S) /PUBLIC HEARING (S)
19 (NONE)
20
21
22 RESOLUTION (S)
23
24
25 Resolution No. 38 -05 -12017
26 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, CALLING ON THE MIAMI -
28 DADE BOARD OF COUNTY COMMISSIONERS TO OPPOSE ANY
29 EXTENSION TO THE URBAN DEVELOPMENT BOUNDARY AT THE
30 PRESENT TIME, TO ENCOURAGE INFILL DEVELOPMENT AND
31 ADHERENCE TO THE COUNTY DEVELOPMENT MASTER PLAN AS
32 CURRENTLY ADOPTED, INCLUDING THE ADOPTED 2003
33 EVALUATION AND APPRAISAL REPORT; PROVIDING AN
34 EFFECTIVE DATE. 3/5
35 (Mayor Russell)
36
37 Moved by Commissioner Wiscombe, seconded by Commissioner
38 Sherar to approve this item.
39
40 Mayor Russell thanked Mr. Beckman for bringing up those
41 concerns he expressed earlier; she said that we have simplified
42 and taken out all those things that could be controversial to
43 this particular issue because it is of subsequent importance to
44 us. Each of those identified issues can be addressed as we move
45 forward with the affordable housing ordinance. She then urged
46 the Commission to support this item as is with no amendments so
REGULAR CITY COMMISSION 2 0
MINUTES - March 15, 2005
1 that we can send a strong message to the County that we do not
2 want any more intrusions in the Everglades.
3
4
With no further comments or discussion the
motion to approve
5
this item passed by a 4 -0 vote:
6
7
Commissioner Wiscombe:
Yea
8
Commissioner Sherar:
Yea
9
Vice Mayor Palmer:
Absent
10
Commissioner Birts - Cooper:
Yea
11
Mayor Russell:
Yea
12
13
14
ORDINANCE (S) FIRST READING
PUBLIC
15
HEARING (S)
16
(NONE)
17
18
ORDINANCE (S) FIRST READING
19
20
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
21
CITY OF SOUTH MIAMI, FLORIDA, RELATING
TO VAN SMITH
22
PARK LOAN; AUTHORIZING THE CITY MANAGER
TO CLOSE ON
23
THE TERMS OF AN ARRANGEMENT FOR A 7 -YEAR MORTGAGE IN
24
AN AMOUNT NOT EXCEEDING $567,366.50 PLUS LOAN FEE
25
WITH SUNTRUST BANK, UTILIZING FUNDS FROM THE CITY
26
GENERAL FUND BUDGET TO REPAY THE LOAN ANNUALLY;
27
PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT,
28
AND AN EFFECTIVE DATE.
4 -&/5
29
(City Manager)
30
31
Moved by Commissioner Sherar, seconded
by Commissioner
32
Birts- Cooper approve this item.
33
34
With no further comments or discussion the
motion to approve
35
this item passed by a 4 -0 vote:
36
37
Commissioner Wiscombe:
Yea
38
Commissioner Sherar:
Yea
39
Vice Mayor Palmer:
Absent
40
Commissioner Birts- Cooper:
Yea
41
Mayor Russell:
Yea
42
43
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE
44
CITY OF SOUTH MIAMI, FLORIDA, RELATING
TO LEASE OF
45
CITY PROPERTY; PROVIDING FOR LONG -TERM MANAGEMENT
REGULAR CITY COMMISSION 2 1
MINUTES - March 15, 2005
AGREEMENT WITH MONTANA /MCLEAN TENNIS, INC. FOR TENNIS
SERVICES AT DANTE FASCELL PARK; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
Mayor Russell said that she has a number of questions on
this item and a stack of letters from residents with concerns
about this; we are going to have a heavy second hearing on this
and it should be on a light night. She then thanked staff for
being here this evening and waiting until the end but asked
them to be prepared because this will be an issue that is going
to require significant discussion.
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
Resolution No. 39 -05 -12020
14. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $5,846.00 TO ALL STAR BLEACHERS, INC. FOR
THE PURCHASE OF TWO SETS OF ALUMINUM BLEACHERS FOR
PALMER PARK TO BE CHARGED TO THE FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT ACCOUNT
NUMBER 001.0000.131.2221; PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar to approve this item.
Commissioner Sherar said that his reason for pulling this
item from the Consent Agenda is to bring up the concern that
that park, in that area, with the number of people there, has
the most insignificant playground equipment in the entire City.
Therefore, he said that he would like to request that somewhere
along the line, the balance of $112,000 go to the purchase of
another set of monkey bars.
REGULAR CITY COMMISSION 22
MINUTES - March 15, 2005
1 Mr. Ricke said that it is in the proposed project; we have
2 about $20,000 identified in that project for new playground
3 equipment.
4
5 With no further comments or discussion the motion to approve
6 this item passed by a 4 -0 vote:
7
8 Commissioner Wiscombe: Yea
9 Commissioner Sherar: Yea
10 Vice Mayor Palmer: Absent
11 Commissioner Birts- Cooper: Yea
12 Mayor Russell: Yea
13
14 COMMISSION REMARKS
15
16
17 There being no further business to come before this Body,
18 the meeting adjourned at 1:06 p.m.
19
20 Approved
21 Attest
22
23
24 Maria M. Menendez Mary Scott Russell
25 City Clerk Mayor
REGULAR CITY COMMISSION 2 3
MINUTES - March 15, 2005