04-19-05 Item 1"Jil S
k
1 City of South Miami
2 Regular City Commission Minutes
3 April 4, 2005
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Monday, April 4, 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 Attorney Luis Figueredo, City
18 Manager Maria V. Davis and City Clerk Maria M. Menendez.
19
20 B. Invocation: The invocation was delivered by David Tucker Sr.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentation(s)
26 (NONE)
27
28
29 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
30
31
32
1. a)
Minutes of March 1, 2005 (Deferred 3115105)
33
34
Moved by Commissioner Wiscombe, seconded
by Vice Mayor
35
Palmer,
the motion to approve the Minutes of March 1, 2005 passed
36
by a 5 -0
vote:
37
38
Commissioner Wiscombe:
Yea
39
Commissioner Sherar:
Yea
40
Vice Mayor Palmer:
Yea
41
Commissioner Birts - Cooper:
Yea
42
Mayor Russell:
Yea
43
44
b)
Minutes of March 15, 2005
45
REGULAR CITY COMMISSION 1
MINUTES - April 4, 2005
1 Moved by Commissioner Wiscombe, seconded by Commissioner
2 Birts - Cooper, the motion to approve the Minutes of March 15, 2005
3 passed by a 5 -0 vote:
4
5 Commissioner Wiscombe: Yea
6 Commissioner Sherar: Yea
7 Vice Mayor Palmer: Yea
8 Commissioner Birts- Cooper: Yea
9 Mayor Russell: Yea
10
11
12 2. City Manager's Report:
13
14 a) Deferred City Business Agenda Items.
15
16 Ms. Davis explained that most of the deferred items will be
17 on the April 9th meeting.
18
19 b) Legislative Requests
20
21 Ms. Davis referred to the Community Budget Issue Request for
22 legislative line items requests to Tallahassee. Last year, the
23 Mayor and full Commission went to Tallahassee to request dollars
24 for various projects and came back with $725,000 for drainage.
25 She then referred to this year's request, including flooding
26 prevention and potable water.
27
28 With no further comments or discussion, the City Manager's
29 Report concluded.
30
31 3. City Attorney's Report:
32
33 Mr. Figueredo, for clarification, referred to a comment made
34 several weeks ago in the public remarks section, about an alleged
35 Charter violation by failing to make quarterly financial reports.
36 He said that upon reviewing the Charter to make sure that the
37 City Administration is complying with the City Charter; under
38 Article III, Section 5(C) it requires the City Manager to make
39 available to the public a report every month. He said that upon
40 verifying with the City Manager, those monthly reports are in
41 fact being made available to the public; therefore, there is no
42 violation to the City Charter.
43
44 Commissioner Birts- Cooper asked Mr. Figueredo to review all
45 the resolutions before they come before the Commission to make
46 sure that the Charter is not violated. Mr. Figueredo explained
47 that a new procedure has been put in place now by which he meets.
48 with staff to make sure that all resolutions comply with the
49 Charter.
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MINUTES - April 4, 2005
1 Vice Mayor Palmer urged the public to avoid speaking on a
2 subject twice, that is at public remarks, and again later. when
3 the item comes up on the agenda. She said that this creates a lot
4 of unnecessary repetition and also makes the meetings much
5 longer. She urged the public to speak about what it is on the
6 agenda, and if they have a concern on another subject, to please
7 email them or the Manager. She said that they need to concentrate
8 on government business and that is in the best interest of
9 everybody, and asked for cooperation from the public on this
10 matter.
11
12 PUBLIC REMARKS
13 (5- minute limit)
14
15 Rev. Gaye spoke in support of the City Manager, and thanked
16 her for all the support that he has received from her; he said
17 that without her support, some things that he needed to have done
18 on 59th Place wouldn't have been done. He thinks that she is
19 doing a fantastic job.
20
21 Victor Dover said that he also wants to focus on the great
22 job that the City Manager is doing. He said that she is the take -
23 charge kind of leader, something that our City desperately
24 requires. He served on the City Manager's selection committee and
25 he is confident that they made a great choice. She came in with a
26 short period of time left to deliver the annual budget; she also
27 arrived at a time when the City was full of worries and financial
28 detriment. In no time she delivered a balanced budget, and
29 straightened out our "capsized financial ship." She is also alert
30 and approachable.
31
32 Yvonne Beckman said about potable water that some people
33 chose not to have potable water and this was transferred through
34 the real estate transactions, and that she does not think that it
35 is fair to use tax payer's money for that purpose. She said that
36 there are people on 83rd Street that need to be hooked up since
37 that was not done when the sewer line was installed, and urged to
38 have this on the Comp Plan. She then said that she had attended
39 "Sundays on Sunset" and that it was wonderful and recommended to
40 have some local musicians and artists.
41
42 David Payne, representing people on 58th Court who will
43 finally be getting potable water, thanking everyone that have put
44 an effort into this.
45
46 Walter Harris announced the second citywide community get
47 together picnic that will be taking place on June 11th. It will
48 be held indoors in the Community Center gym, with a huge silent
49 auction. He said that they need participation, and besides music,
REGULAR CITY COMMISSION 3
MINUTES - April 4, 2005
I they need poetry and some creative people. He then referred to
2 the proposed medical building on 62nd Avenue expressing
3 opposition.
4
5 Dick Ward said to be in agreement with the Vice Mayor's
6 presentation this evening. He also recommended that applicants
7 for big projects be limited in their presentations. He then
8 clarified that his previous comments did not infer to compare the
9 Mayor to an animal.
10
11 Cal Rosenbaum said that for many years he has been in
12 agreement with Mr. Ward on a few occasions; however, he is not in
13 agreement with he gets up here, even when he does not reside in
14 the City, nor does he have any business or pay any taxes in the
15 City, and castigates our elected officials. He then referred to
16 the oak trees that have been cut down next to his property and
17 gave Circuit Court Case No. 0505827CA30 regarding that case for
18 reference. He then spoke in support of the City Manager, saying
19 that in the forty some years that he has been involved with the
20 City, there have only been three outstanding city managers, Eddie
21 Cox, Bill Hampton, and Maria Davis. He said that she has done a
22 Herculean job in spite of lots of adversaries.
23
24 Jackie Alvarez said to have a big concern with the fact that
25 the City does not have any kind of regulation in place for motor
26 homes, as Miami -Dade County's Code section 33 -20; she then
27 referred to a home located at 7854 SW 67 Court which would be in
28 violation of four sections of the County Code.
29
30 Levy Kelly said to be concerned with personal attacks on
31 individuals, adding that the City Manager has done a good job and
32 that she has proved to be inclusive.
33
34 Sharon McCain referred to an item on the agenda relating to
35 the purchase of an air conditioning unit saying that it is over
36 $5,000 and that it should have been brought to the Commission to
37 vote on it. She said that the reasons for which the meetings take
38 a long time is because a lot of people have questions on the big
39 projects and they should not be rushed through.
40
41 Al Perez thanked the Commission for working so hard and that
42 their constituents are talking about it and that they are
43 appreciated. He also commended the work of the police officers.
44 He said that he hopes that all of these new projects get underway
45 soon and some of that money is used to staff the needs of the
46 City.
47
48 Tucker Gibbs also had words of praise for the work of the
49 City Manager. He said that he has served as city attorney and has
50 been involved with government at various levels. He said that he
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[I
1 did not know the city managers mentioned previously, but Ms.
2 Davis is in his opinion the most professional city manager that
3 he has ever dealt with, and he has been involved in government
4 for the past 17 years.
5
6 Carl Boccuti said that he has resided at 7853 SW 67 Court
7 since 1951. He referred to certain violations surrounding his
8 neighborhood such as a couple of houses that have been turned
9 into duplexes and which have already been reported saying that he
10 sees no follow up. He then urged the Commission to spend more
11 time going around the City than just on Sunset Drive.
12
13 Mike Elder also spoke in support of the City
14 Manager... inaudible...
15
16 David Tucker Sr. said that he just came across the
17 evaluation of all the candidates for city manager this last week,
18 adding that the reality is that this City Manager captured the
19 vote on an ethical, professional basis and according to his
20 notations, she was highly recommended by the people who were in
21 attendance that day. He also said that she has not done one thing
22 to disappoint him.
23
24 Valerie Newman said that she concurs with all the previous
25 positive comments about the City Manager. She then said that they
26 now need some comments from the dais in support of the City
27 Manager.
28
29 Yavior Arencibia said that in his opinion this City does not
30 have any regulations on motor homes.
31
32 Henry Munlet spoke in support of the City Manager, saying
33 that in his opinion is doing a great job, and that he is thankful
34 of her for putting the "ship" of South Miami back on the sea of
35 success because the previous manager did not do his job well and
36 took advantage of the City.
37
38 Wayne Brakin also spoke in support of the City Manager. He
39 believes that she is a credit to the profession of municipal
40 administrators, one that has done a fine job, is good to work
41 with, and even though she is not always in agreement with what
42 his organization wants to do, she is willing to listen, and
43 administers policies fairly and thanked her for being part of the
44 community.
45
46 Donna Mason, a representative of Chamber South, also spoke
47 in support of the City Manager... inaudible...
48
49 With no more speakers the public remarks section was closed.
50
REGULAR CITY COMMISSION 5
MINUTES - April 4, 2005
1 At this time Mayor Russell took some time to address some of
2 the concerns expressed by the speakers.
3
4 Ms. Davis explained the reason for the replacement of the
5 air conditioning unit which completely failed in the Finance
6 Department. She explained that as the City Manager she had to
7 declare an emergency because the lack of air was affecting the
8 employees for over three days.
9
10 At this point Mayor Russell joined the speakers in
11 commending the good work of the City Manager, saying that she
12 appreciates the fine and professional job she is doing every day,
13 Saturdays and Sundays included.
14
15 Commissioner Birts- Cooper said that she does not think that
16 they could have found a better person, with all her
17 professionalism and with all her support. She said that all she
18 needs to do is make a phone call with whatever problem and the
19 Manager takes care of it, and that she really appreciates her.
20
21 Commissioner Sherar said that he thought that he said
22 everything last week.
23
24 Commissioner Wiscombe said that they may have disagreements
25 from time to time up here, but that if she were doing a terrible
26 job she would be the first one to know. He said that when things
27 are wrong they work together and he does not have any complaints
28 about that; and when things need to be done, he has asked her to
29 do it and there never has been a problem, and that they have a
30 professional relationship.
31
32 Vice Mayor Palmer said that when the City Manager deserves
33 the "As" she gets them from her; if something happens or
34 something with which she does not agree, she also hears it from
35 her.
36
37 At this point Commissioner Wiscombe pulled item no. 4 and
38 Commissioner Sherar pulled item no. 5 from the Consent Agenda
39 (now nos. 13 & 14 respectively)
40
41
42 CONSENT
43
44 Resolution No. 40 -05- 12019
45 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
47 MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO
48 HJ ROSS FOR SURVEYING, ENGINEERING DESIGN, PERMITTING,
REGULAR CITY COMMISSION 6
MINUTES - April 4, 2005
BID AND CONSTRUCTION PHASE SERVICES FOR THE CITY -WIDE
WATER MAIN EXTENSION AREA 1 IN AN AMOUNT OF
$59,060.00 TO BE CHARGED TO SOUTH FLORIDA WATER
MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106- 1710 -536-
6431 & 106 - 1710 - 536 -6432; PROVIDING AN EFFECTIVE DATE.
3/5
(City Manager)
Resolution No. 41 -05 -12020
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PAY MIAMI -DADE WATER & SEWER DEPARTMENT FOR
WATER SERVICE CONNECTION WITHIN DOWNTOWN INFRASTRUCTURE
IMPROVEMENT PROJECT (SW 73P STREET) AND SW 72N STREET
(SUNSET DRIVE) , IN AN AMOUNT OF $38,377.65 TO BE
CHARGED TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY
GRANT ACCOUNT NUMBER 001- 0000 - 131 -2111; PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 42 -05 -12021
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, PROVIDING NOTIFICATION OF
AN EMERGENCY AIR CONDITION SYSTEM PURCHASED FOR THE
FINANCE DEPARTMENT IN AN AMOUNT OF $5,675 TO BE CHARGED
TO 'PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001- 1710 -519-
3450; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 43 -05 -12022
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING JENNIFER ROIG TO SERVE ON THE
COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING APRIL
3, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
Resolution No. 44 -05 -12023
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING OFFICER ERIC FULTON AND LT.
BRUCE H. ROSS TO SERVE ON THE PENSION BOARD FOR AN
UNEXPIRED TERM ENDING MARCH 3, 2006; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Russell)
REGULAR CITY COMMISSION 7
MINUTES - April 4, 2005
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2
Resolution No. 45 -05 -12024
3
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4
CITY OF SOUTH MIAMI, FLORIDA RELATING
TO ATTORNEYS'
5
FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF
6
$11,457.13; CHARGING ACCOUNT NO.
2100 - 519 - 3440,
7
CONSULTANT LABOR ATTORNEY; PROVIDING
FOR EFFECTIVE
8
DATE.
3/5
9
10
(City Attorney)
11
12
Moved by Commissioner Sherar, seconded by Commissioner
13
Wiscombe, the motion to approve the Consent
Agenda passed by a
14
4 -0 vote:
15
16
Commissioner Wiscombe:
Yea
17
Commissioner Sherar:
Yea
18
Vice Mayor Palmer:
Yea
19
Commissioner Birts- Cooper:
Yea
20
Mayor Russell:
Out of the Room
21
22
23 UNFINISHED BUSINESS:
M
25 ORDINANCE (S) SECOND READING
26 PUBLIC HEARING (S)
27
28 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
30 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
31 MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE
32 DISTRICT FROM "TODD (MU -4)", TRANSIT ORIENTED
33 DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED
34 UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT
35 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE
36 PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF
37 A MIXED USE PROJECT CONSISTING OF MULTI- FAMILY
38 RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING
39 GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO
40 THE DETERMINATION OF CONCURRENCY; PROVIDING FOR
41 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
42 PROVIDING AN EFFECTIVE DATE. 4/5
43 (Deferred 11116104 & 03107105; Tabled 3128105)
44 (City Manager)
45
REGULAR CITY COMMISSION 8
MINUTES - April 4, 2005
Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
Cooper to approve this item.
Moved by Commissioner Sherar,_ seconded by Commissioner
Wiscombe to defer this item to the meeting of April 9th.
Vice Mayor Palmer said that at the last meeting,
Commissioner Wiscombe asked that we make a sacrifice and be
here on the 9th for items that were deferred for a long time;
she said that she reluctantly agreed to give up a Saturday
which is a big thing for her; therefore, she needed an
explanation.
Mayor Russell explained that the reason for the items for
this project are on this agenda is because they were deferred
at the last meeting, so they automatically are placed on the
next agenda; on the other hand, Commissioner Sherar has moved
to defer now to a time certain, that being April 9th and that is
why we are adding this to Saturday's meeting, adding that we
will be here from 9:30 a.m. to 5:00 p.m.
Vice Mayor Palmer said that she cannot be here until 5:00
o'clock, and that Saturday is not a regular meeting, but rather
it is considered as simply to take care of some back business.
With no more comments or discussion, the motion for deferral
passed by a 4 -1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Nay
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
11. 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 PLANNED UNIT DEVELOPMENT -MIXED USE PROJECT KNOWN AS
RED ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND
5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE
BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE
FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL
UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION 9
MINUTES - April 4, 2005
Commissioner Sherar said that we need to get this done for
the applicant. He said to Vice Mayor Palmer that he understands
what she is saying, and that everybody's time is valuable. He
said that he had a two -hour meeting with staff the other day
and spent an hour on the phone with Don today talking about
amendments that he has for the development plan, so that this
should not take up too much time on Saturday and that is why he
is deferring it to Saturday.
Vice Mayor Palmer said that the problem with her with this
item is that everything else has to be put on hold; this could
go on another regular meeting. From the start this has gotten
first treatment.
Commissioner Sherar said that this could be put at the
bottom of the agenda on Saturday.
Commissioner Wiscombe said that according to the Manager,
not all of those 17 deferred items are going to go on
Saturday's agenda, so that is something to keep in mind as
well. He added that it is very difficult to try to go through
these big items late in the evening after a long working day.
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe, the motion to defer this item to the meeting of April
9th passed by a 4 -1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Nay
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
RESOLUTION (S) /PUBLIC HEARING (S)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A MASTER SITE
PLAN AND DEVELOPMENT PROGRAM FOR CERTAIN PROPERTY IN A
"PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING
DISTRICT MORE SPECIFICALLY LOCATED AT 6600 -6640 SW 57
AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS
OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE, AND
URBAN DESIGN ISSUES, AND CONSTRUCTION OF APPROPRIATE
PUBLIC INFRASTRUCTURE AND LANDSCAPING; AND PROVIDING AN
EFFECTIVE DATE. Deferred 11116104 & 03/07/05) 4/5
(City Manager)
REGULAR CITY COMMISSION 10
MINUTES - April 4, 2005
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe, the motion to defer this item to the meeting of April
9t' passed by a 4 -1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Nay
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 46 -05 -12025
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER
TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A.
(C3TS) FOR SURVEYING & TESTING, FINAL DESIGN, BID AND
CONSTRUCTION PHASE SERVICES FOR DOWNTOWN DRAINAGE
IMPROVEMENTS PHASE IV (SW 58TH AVENUE FROM SUNSET DRIVE
TO US1 AND SW 71ST STREET FROM SW 58TH AVENUE TO US1) ,
IN AN AMOUNT OF $65,940.00 TO BE CHARGED TO THE U.S.
ENVIRONMENTAL PROTECTION AGENCY GRANT ACCOUNT NUMBERS
001- 0000 -132- 2061 & 001- 0000- 131 -2111; PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Palmer to approve this item.
With no comments or discussion, the motion to approve this
item passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Recused
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 47 -05 -12026
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE
COUNTY FOR THE CHURCH STREET IMPROVEMENTS - PHASE II
GRANT AWARD OF $100,000 THROUGH THE OFFICE OF
COMMUNITY & ECONOMIC DEVELOPMENT; PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION l l
MINUTES - April 4, 2005
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Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper to approve this item.
Commissioner Sherar explained that the reason for him to
pull this item is because there are other places in the City
which are in more need of sidewalks.
Mr. Balogun said that this is a complete infrastructure
improvement, not just to resurface sidewalks, and the grant is
specifically for that area. Ms. Davis said that this is another
phase of the project.
Mayor Russell said that they had to fight for that money
because it was not on the County's funding list, and
Commissioner Gimenez was very helpful in getting this project
back on track.
With no further comments or discussion, the motion to
approve this item passed by a 4 -1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
At this time, Commissioner Birts- Cooper asked Mr. Balogun to
give them the status on 64th Street which is the sidewalk that
Commissioner Sherar was talking about. Mr. Balogun said that they
received an email recently and that the County is working on the
sidewalks on 64th and 67th all the way to 62nd. He said that he had
recently emailed a response to a resident who asked for that
status also. Mayor Russell asked him to forward that email to
Commissioner Sherar for his information.
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
Ordinance No. 07 -05 -1829
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO VAN SMITH
PARK LOAN; AUTHORIZING THE CITY MANAGER TO CLOSE ON THE
TERMS OF AN ARRANGEMENT FOR A 7 -YEAR MORTGAGE IN AN
AMOUNT NOT EXCEEDING $567,366.50 PLUS LOAN FEE WITH
SUNTRUST BANK, UTILIZING FUNDS FROM THE CITY GENERAL
FUND BUDGET TO REPAY THE LOAN ANNUALLY; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. 4/5
REGULAR CITY COMMISSION
MINUTES - April 4, 2005
12
(City Manager)
Moved by Vice Mayor Palmer, seconded by Commissioner
Wiscombe to approve this item.
Mr. 0shikoya introduced the item.
Mayor Russell opened the floor for public hearing.
Cathy McCann asked whether we keep an ongoing account of the
amount of loans we owe so that the Commission is aware of what
those loans total and what the ratio is to our budget. She said
that this is important and that it should be included in our
monthly financial statement. She then said that the park is in
violation of our code because of the lack of visibility on the
corners.
Chris Cook - Yarborough asked for the size of this park and
Ms. Davis said is about 1.3 acres. He said that he is very
happy about seeing the City acquiring this property for a park.
He then said that one half of that property is used by the Girl
Scouts and that the east half of that property is a disaster in
terms of being in compliance with any ordinance that we have on
lot clearing.
Sharon McCain said that the proposals included in the staff
report only showed private banks and did not show one from the
League. She also said that the City is in violation of the
Charter because of the manner in which the loan was
processed ... inaudible...
Commissioner Sherar said that he pushed to get this thing
through because he did not want to pay another $20,000 in
taxes; unfortunately, during the budget process, "I had an
audio hallucination and I thought I had heard something which
turned out to be incorrect." He said that that was his problem,
he thought that we were setting aside the money to buy this,
when in reality it was money to finance it; because he thought
it was for the purchase, he pushed to get through and did not
pick up on what was going on. All he was doing is to try to
save the City money.
City Counsel Figueredo with regard to the alluded violation
of the City Charter said that the City Manager initially
considered the directive done by acclamation so she was under
the impression to move forward; notwithstanding, we went back
and looked at the minutes, and really it was more the directive
of one Commissioner by acclamation; however, the issue, which
was a violation of the Charter, has been rectified because of
the subsequent resolution authorizing the Manager to negotiate
REGULAR CITY COMMISSION 1 3
MINUTES - April 4, 2005
a loan. So what was procedurally a violation of the City
Charter, has been rectified by a subsequent resolution.
Mr. Oshikoya said that with respect to the proposals, they
did contact the League but they told us that the minimum loan
they could do would be for $1 million. He said that we have
been able to save money because we were able to close on time
and will not have to pay deferred taxes again next year on that
property.
Ms. Davis said that her actions transferring the funds so
that we could close on the property saved us $20,000 in taxes.
Commissioner Wiscombe said that he hopes that we never have
to go through this type of situation again; he said that he
understands why it was done but that he does not like how it
was done. He said that in the future when Hakeem is planning to
leave out of the country for a long period of time, that we
look at the whole scope and take care of whatever we need
before he goes
Mayor Russell said that it is also important that the
Manager takes directions from the entire Commission and not
just from one member. She then commended Commissioner Sherar
for stepping up to the plate and accepting further
responsibility for it.
Vice Mayor Palmer asked if there could be someone that would
be able to take Hakeem's place in his absence. Hakeem said that
we will be more cautious next time.
Commissioner Birts- Cooper also thanked Commissioner Sherar
for stepping up to the plate.
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
Moved by Vice Mayor Palmer, seconded by Commissioner
Sherar, the motion to take item no. 17 (now no. 16) out of
order passed by a 5 -0 vote:
4y Commissioner Wiscombe: Yea
50 Commissioner Sherar: Yea
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Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
RESOLUTION (S) /PUBLIC HEARING (S)
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL
BUILDING (AKA ALLEN'S DRUGS) LOCATED AT 4000 SW 57th
AVENUE AS AN HISTORIC SITE AND BY PLACEMENT OF A
HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE
EXISTING ZONING USE DISTRICT FOR THIS PROPERTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5
(Deferred 2- 15 -05)
(City Manager)
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Palmer to approve this item.
Mr. O'Donniley introduced the item. The Historic
Preservation Board at a public hearing adopted a motion
recommending that this area be designated a historic site, and
the Planning Board at its January 25, 2005 meeting, after a
public hearing, also recommended historic designation for this
property.
At this time speakers were sworn in and the Mayor opened the
floor for public hearing.
Julio Zaldivar spoke against the request for historic
designation saying that in his opinion the structure of this
property is not historic, and it is not aesthetically pleasing.
Yvonne Beckman spoke in support of this designation, adding
that South Miami needs historic areas, and although it is not a
wonderful looking building, it is a reminder of an era when
everyone came from the War and when many good things started to
happen. She urged the Commission to pass this item.
Cathy McCann also spoke in support and said that this should
be a historic building and for a number of reasons. She said
that she has always considered this an important building to
the City. She said that when a new sign ordinance came about,
Allen's Drug Store was in violation of the ordinance; after
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seven years they still had the sign up because they said that
they were a historic building, and there were hundreds of
signatures from all over Dade County claiming that this was a
historic building and that it should be left as it was. They
were even able to convince the Commission at the time, who
wanted to take down the _sign, that it was a historic building
and that they should be allowed to keep the sign. She said that
the residents of South Miami who have been here a while
consider it as an important historical part of the City and
urged the Commission to vote for the designation.
Susan Redding, Chair of the Historic Preservation Board
(HPB) said that there is a lot of misunderstanding. She said
that she has spoken to Mr. Mathews on a couple of occasions and
he feels that he does not want that extra step, to have to go
before the HPB in addition to the Commission. She said that
there are some advantages about a designation: if he chooses
now to tear down that building, twenty -five percent of the
floor space is what he would be able to build because it will
never live up to out codes today. Another advantage, she said,
will be the tax abatement ordinance that the City is proposing.
She said that even though the building is not her style, it is
considered "art deco" or "art modern" as the buildings of that
era in Miami Beach. She said that it is a landmark, the signage
will be.grandfathered, not one sign there now complies with our
code and they might have to come down if it is not designated.
For all of these reasons she said that the HPB voted for the
designation.
Jeff Mathews, owner of the building, spoke in opposition to
the designation. He said that as owner, he does not have any
plans to sell this property. Starting with his grandparents,
his family has owned it for the past 60 years, and he said that
they have always cooperated with the City. A few years ago they
paid almost $26,000 to the City towards the parking spaces on
41St Street behind the building. Mr. Mathews said that he
traveled from Arizona, where he resides, for the simple reason
to address the Commission because they do not want this
designation, primarily because it will not be of any benefit to
them, and urged the Commission to vote against the designation.
At the conclusion of his presentation, Mr. Mathews read a
statement from his aunt, Mrs. Jacobs, also urging the
Commission not to vote for this designation.
With no further speakers the public hearing was closed.
Vice Mayor Palmer said that she was under the impression
that the owners wanted that his property be recognized as a
historical place; however, after Mr. Mathews' presentation,
clearly expressing opposition to this designation, and based on
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his desire and his testimony, she said that she will not
support this item.
Commissioner Wiscombe said that he tends to agree with the
Historic Preservation Board (HPB); he considers the property to
be a landmark; something that he knows that has been a part of
South Miami for years. He then disclosed that he believed that
Mr. Mathews tried to email him, and wished to meet with him the
last time that he was in town, but it would have been improper
to do that. He said this for the records. He said that he looks
forward to its ambiance when he goes out there to eat, and it
evokes good memories of his past, when his grandmother took him
there to eat when he came to visit with her and with his
grandfather so he has very fond memories of the place. He said
that he will support the HPB on this because it is important
that we preserve part of our past, and that building certainly
is an integral part of the City.
Commissioner Birts- Cooper asked Mr. Mathews whether some
stores (tenants) in that building be eliminated in the event
that this item does not pass. Mr. Mathews said that he does not
believe that either way is going to affect anything. He said
that the tenants have problems because of the parking
situation_
At this point Mr. O'Donniley clarified that the historic
designation has no impact on the tenants; that is strictly
between the landlord and the tenants. He added that we do not
address the interior of the building; only the exterior, which
covers major renovations, and if at some point we have a tax
relief program, that property will be eligible for any major
renovation.
Commissioner Birts- Cooper said that the building is a
landmark and it has meant a lot to her for the past thirty
years. She said that she would hate to see the diner go because
that is what makes the building. That is what makes a landmark.
Commissioner Sherar said that it is different in the West
where people have more sense of history than here in Florida
where we have a short history and we have no reason to preserve
things. He said that if Mr. Mathews had wished this designation
he would have supported it but the fact is that he does not
want it. He also said that it is more of a landmark than it is
a historical building.
Mr. O'Donniley said that the National Historical Register
recommends landmarks together with specific historic sites. He
also said that the change of the facade that is being shown
here tonight will have to go to the ERPB as any change does. If
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it were a historic building it would bypass the ERPB, go to the
HPB instead, and then come to the Commission.
Mayor Russell said that like Commissioner Wiscombe, she was
contacted by Mr. Mathews and Ms. Jacobs and agreed to meet with
them. She said that she met with them, together with Don and
the Manager and they did not discuss the historic designation
at all, and she made it very clear to them from the beginning
that they could not. About the designation, she said that it is
exciting that for the first time in the nine years that she has
been here, we are starting to see properties being designated
such as Cambridge Lawns recently. She said that everybody
recognizes this property because it is an entryway to South
Miami and everyone is excited about the improvements being done
there. She said that if it passes on first reading, she does
not want to have it back for second reading until after they
have heard the tax abatement ordinance. She said that she wants
to make it in such a way that it does not seem as a burden
imposed on the property owner, or that their rights are being
taken away. We are not trying to take the rights away from
anyone, just trying to preserve this from future, less
responsible owners. She added that if there is going to be an
additional burden placed on them, that is something that they
need to discuss at the first and second reading of the tax
abatement ordinance because they need to find a way to not make
it financially burdensome for someone who contribute to the
long term, visual continuity that we are searching for.
Mr. O'Donniley explained that the designation, if passed,
would not affect any undergoing improvements; it would only
apply to subsequent permits; also, the HPB does not have any
fee for its process, whereas the ERPB does
Commissioner Wiscombe concurred with the Mayor on the idea
of considering the tax abatement ordinance before hearing this
item again because the property owners need to have some
incentives so that they would be motivated to cooperate with
the City.
Commissioner Sherar said that we should have had these
incentives in place before going forward with this proposed
designation.
Vice Mayor Palmer reiterated that she would support it but
since the owner and his family do not want it, she will grant
him his wishes.
Commissioner Sherar asked Mr. Mathews whether the tax
advantages that the Commission would pass will make him change
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his mind. Mr. Mathews said that he still does not foresee
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advantages.
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Commissioner Wiscombe said that we could go to the Gables
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which has a long history of this type of issue, and we
can
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craft it out; he said that he would be willing to do that
and
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bring it to the Commission and that he thinks that would be
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wise thing to do.
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Mayor Russell then urged the Commission to support
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ordinance at least on first reading.
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idea to defer it.
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Mr. Mathews said that he would like to be present when
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Commission discusses the incentives issue.
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Commissioner Sherar said that even though he is going
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vote against this, he is not voting against this thing
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general; history is a part of a society's culture, and certain
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buildings have some historical significance even when they
are
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not so great looking.
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With no further comments or discussion, the motion
to
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approve this item failed by a 3 -2 vote:
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Commissioner Wiscombe: Yea
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Commissioner Sherar: Nay
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Vice Mayor Palmer: Nay
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Commissioner Birts- Cooper: Yea
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Mayor Russell: Yea
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At this point the motion to take item no. 19 (now no.
18)
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out of order passed unanimously by acclamation.
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RESOLUTION (S)
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(NONE)
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ORDINANCE (S) FIRST READING PUBLIC
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HEARING S)
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ORDINANCE (S) FIRST READING
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REGULAR CITY COMMISSION 19
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18. 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 AN INCENTIVE FOR
RETIREMENT FOR CERTAIN POLICE OFFICER EMPLOYEES OF THE
CITY OF SOUTH MIAMI TO INCLUDE A RULE OF SEVENTY ( 70) ,
WITHIN A SPECIFIED PERIOD OF TIME; PROVIDING. FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar to approve this item.
The Pension Attorney addressed the
this is a retirement incentive that
management to encourage long tenure
to retire early and so that they ca
opportunity that is presented when
presented to the Pension Board,
recommended adoption.
Commission by saying that
is usually presented by
employees the opportunity
z exercise some budgetary
that happens. This was
they reviewed it and
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
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A FINANCE AGREEMENT WITH FIRST
NATIONAL BANK OF SOUTH MIAMI FOR THE PURCHASE OF EIGHT
FORD CROWN VICTORIA POLICE PURSUIT VEHICLES PREVIOUSLY
APPROVED BY RESOLUTION #177 -04 -22956 DATED NOVEMBER 1"
2004, PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Birts - Cooper to approve this item.
Chief Martinez explained that the resolution previous
approved for this purchase stated that the financing would be
provided through the Florida League of Cities contract with
Bank of America. After the resolution passed, two additional
quotes were received from different financial institutions
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which offered a better deal and that is what is being presented
here as an ordinance.
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
Moved by Commissioner Birts- Cooper, seconded by Commissioner
Wiscombe, the motion to extend the meeting beyond 11:00 p.m. and
to midnight passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
17. 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 62' AVENUE IN
THE "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT
DISTRICT (MIXED USE 5) ; AND PROVIDING FOR AN EFFECTIVE
DATE. - (Deferred 03115105) 4/5
(City Manager)
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper to approve this item.
City Counsel Figueredo explained that the applicant is
meeting to determine whether they are going to request a
deferral. The issue is that the applicant has made a certain
legal argument regarding whether or not this matter requires a
4/5 vote; staff has applied a 4/5 vote historically. He said
that he has asked counsel that he either adheres to the 4/5
vote or he is to provide us with a memorandum of law which will
allow us the opportunity to analyze whether or not in this
situation we would apply a 3/5 vote. He said that he is not in
a position to render an opinion to suggest that we would change
to a 3/5 vote without being able to analyze the argument.
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Steve Helfman, on behalf of the applicant, said that they
would like to have the opportunity to work with the City
Attorney on this issue as to whether the matter would require a
4/5 vote and he asked that the item be deferred to the next
meeting. The next regular meeting would be April 19th
Commissioner Sherar proposed to hear the testimony tonight
in order to save some time later on.
Mr. Helfman asked if the item could be placed at the top of
the agenda.
Mayor Russell and Vice Mayor Palmer agreed that they should
have this item placed on the agenda for the meeting of April
19th, and with no presentations; they could all come in at 7:00
p.m. and start the meeting at that time.
Moved by Commissioner Wiscombe, seconded by Commissioners
Birts- Cooper and Sherar, the motion to defer this item to the
meeting of April 19u' passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts - Cooper: Yea
Mayor Russell: Yea
COMMISSION REMARKS
Commissioners were afforded time for comments.
There being no further business to come before this Body,
the meeting adjourned at 11:10 p.m.
Attest
Maria M. Menendez
City Clerk
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Approved
Mary Scott Russell
Mayor