05-17-05 Item 11 City of South Miami DRAFT
2 Regular City Commission Minutes
3 April 19, 2005
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, April 19, 2005, beginning at 7:00
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 Vice Mayor Palmer.
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. Minutes of April 4, 2005
33
34 Moved by Commissioner Wiscombe, seconded by Vice Mayor
35 Palmer, the motion to approve the Minutes of April 4, 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 Note: A correction was made by Vice Mayor Palmer, page 6, line
45 33, to insert an apostrophe indicating plural: A's. Mayor Russell
46 indicated that in the future typographical errors do not need a
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1 public amendment and could be highlighted and referred directly
2 to the Clerk.
3
4 2. City Manager's Report:
5
6 a) Deferred City Business Agenda Items.
7
8 Ms. Davis said that this list helps to keep everyone aware
9 as to where we are as far as deferred items go.
10
11 b) Code Enforcement Issues.
Ms. Davis referred to a code enforcement issue that was
addressed by resident Jackie Alvarez - Gautney. Ms. Alvarez - Gautney
addressed the Commission at a previous meeting regarding two
motor homes stored at 7854 SW 67 Court. Ms. Alvarez - Gautney
referred to the County Code which does not apply to
municipalities. Ms. Alvarez- Gautney made false accusations at a
previous meeting saying that the resident storing the two motor
homes was not being cited because he knows the Manager. This is
far from the case; there are no grounds to cite the property
owner because there is no violation existing at the present time
since the County Code does not apply to our City. Ms. Davis said
that staff is drafting an ordinance to adopt the County Code.
Ms. Davis also referred to an ongoing traffic situation
around the 76th Terrace and 66th Avenue. She said that this has
been going on before her time and even before the Mayor's; there
has been tremendous traffic problems with cut - through traffic in
that area. The County determined at some point in the past that
there were certain restrictions that we did not meet in order to
block off certain streets; therefore, as an alternative they
allowed us to do more right turns. What has happened is that
people are cutting through 76th Terrace in order to get to Manor
Lane. She said that the Mayor, the Public Works Director, the
Police Major and her have met with the principal of Ludlam
Elementary because ninety -nine percent of the problem is the
traffic going up to Ludlam Elementary and then cutting through to
go down to Manor Lane and to the Hospital. She then referred to a
petition sent to the Mayor by twenty some residents about doing
something regarding this traffic situation. The Mayor has made
numerous calls to resolve this problem. Miami -Dade County
Commissioner Carlos Gimenez has agreed to meet with the Mayor to
see whether we can work some sort of solution to stop the cut -
through traffic situation. She said that she also has requested a
meeting with the residents for next Friday night with the Mayor
and the Miami -Dade Commissioner has agreed to come. Ms. Davis
said she welcomes all those individuals who are concerned with
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this particular traffic situation to join staff next Friday at
6:00 p.m.
Ms. Davis said that Dade County by law, regardless of whose
roads they are, dictates traffic patterns and flow.
Commissioner Sherar asked Ms. Davis to send him the statutes
and the regulations where it says that. Ms. Davis said that she
will be happy to have Dade County give him the regulations that
they go by.
Vice Mayor Palmer said that she would like to schedule a
workshop on affordable housing for May. Thursday, May 19th at
7:00 p.m. was agreed to hold the workshop on affordable housing.
She then said that we need to contact Eve who has promised to
help us out.
3. City Attorney's Report
(NONE)
PUBLIC REMARKS
(5- minute limit)
Nick Truby addressed the Commission with regard to the same
traffic situation that the City Manager discussed earlier in the
meeting.
John , residing at 7641
wanted to remind everybody that a
paid good money for the study;
recommended by traffic engineers,
devices to help regulate traffic an
attention to this matter.
SW 65th Place, said that he
study was done and the City
there were traffic tables
also many traffic calming
d urged the Commission to pay
Jackie Alvarez - Gautney again referred to the issue of the
RV's at 7854 SW 67th Court by citing the Land Development Code.
David Tucker Sr. referred to the item on the agenda relating
to an agreement with T. J. Pavement Corp. He then asked whether
this company has been reviewed and their performance evaluated
with respect to previous jobs they have done for the City.
Carl Buccatti said that he would like to see that the rules
that are written pertaining to Code Enforcement are made easy to
understand and applied equally to all residents.
Ana Rojas also referred to the RV's situation saying that
she does not understand why such a thing is allowed.
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1 N. Perez also referred to the _RV's situation saying that it
2 does not look nice and urged the Commission to take a look at it.
3
4 Walter Harris again reminded everybody about the upcoming
5 get- together picnic on June 11th. He said that there will be
6 prizes for the talent show winners; there will also be a silent
7 auction. He then said that they need volunteers, and provided the
8 phone number for people to call: 305 - 270 -4773. He said that the
9 money generated from this event will go to the Alliance for Youth
10 and the After - School Program. He then spoke against over
11 development and urged the Commission not to give any further
12 variances and exceptions.
13
14 Dick Ward said that he owns a motor home and referred to an
15 organization of campers and motor homeowners called "Good Sam"
16 saying that they defend the rights of these owners, but at the
17 same time, take a reasonable position as to what is an acceptable
18 situation with motor homes in residential neighborhoods, such as
19 what has been presented here tonight. He then said that even
20 though he does not live in the City, he has served as a volunteer
21 in many different areas during the past several years; he said
22 that there are several volunteers in the Recreation Department
23 and in other areas, and volunteers whether or not they live in
24 the City, are an essential part of the City.
25
26 Beth Schwartz said that everyone in her neighborhood is
27 happy with traffic circles because they have improved their
28 quality of life immensely. She then referred to the EAR
29 process... inaudible...
30
31 Cal Rosenbaum commended the Commission for the good work
32 they were doing... inaudible...
33
34 Jerry Chassman said that he lives behind Jackie Alvarez and
35 came to speak in support of Ms. Alvarez regarding the RV's
36 situation.
37
38 Bob Welsh urged the Commission to remember that there are
39 many people approaching retirement age who like their RV's and
40 the freedom that those vehicles bring them.
41
42 Bradley Coule also spoke in support of traffic circles
43 because he lives near the intersection where a circle is planned
44 to be installed. He said that he thinks that it will enhance that
45 intersection and make it safer because there have been some bad
46 accidents there since he moved about thirty years ago. He then
47 referred to the northend drainage project and spoke of a problem
48 they have there. He said that what used to be a 6" high concrete
49 curve has been leveled off due to all the asphalt that has been
50 added there in order to contain the drainage problem. The result
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1 is that there is no curve on that side of the street now. He
2 urged the Commission not to allow installing another catch basin
3 in front of his property. (His address is 6235 SW 42 St and his
4 phone no. is 305 - 666 -9448; his email address: Bradley -
5 nc @prodigy.net)
6
7 Sharon McCain asked clarification as to why the meeting
8 started at 7:00 p.m. because she missed the first part of the
9 public remarks. She asked for clarification of the Whistle Blower
10 Act. She then referred to the RV's situation.
11
12 With no more speakers the public remarks the section was
13 closed.
14
15 At this point Commissioner Sherar pulled item no. 4 and
16 Commissioner pulled item no. 5 from the Consent Agenda (now no.
17 5)
18
19
20 CONSENT
21
22 Resolution No. 51 -05 -12030
23 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
25 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
26 FIGUEREDO, P.A. IN THE AMOUNT OF $18,958.30; CHARGING
27 $18,958.30 TO ACCOUNT NO. 001 -1500- 514 - 3410, LEGAL
28 SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5
29 (City Attorney)
30
31 Moved by Vice Mayor Palmer, seconded by Commissioner
32 Wiscombe, the motion to approve the Consent Agenda passed by a 5-
33 0 vote:
34
35 Commissioner Wiscombe: Yea
36 Commissioner Sherar: Yea
37 Vice Mayor Palmer: Yea
38 Commissioner Birts- Cooper: Yea
39 Mayor Russell: Yea
40
41 At this point Mayor Russell called for a 3- minute recess. At
42 the end of the recess the meeting reconvened.
43
44
45 RESOLUTION (S)
46
47
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Resolution No. 52- 05- 12031
5. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH T.J. PAVEMENT
CORP. FOR NORTHEND DRAINAGE & TRAFFIC IMPROVEMENTS
PHASE II CONSTRUCTION IN AN AMOUNT OF $279,473.10 TO
BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD) GRANT AND THE PEOPLE'S TRANSPORTATION PLAN
(PTP) ACCOUNT NUMBERS 001 -0000- 132 -2057 AND 124 -1730-
541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
Commissioner Sherar who
Agenda asked staff whether
into a square corner as opp
said yes. He then said tY
circles. They were invented
as a substitute for traffi
Paris and Washington DC have
the flow of traffic; they ai
said that there is one nea
stop just the same as they
cost about $15k.
pulled this item from the Consent
6250 SW 44th Street will be turned
)sed to a curved corner. Mr. Balogun
at he does not believe in traffic
over 200 years ago for large cities
lights; that's why places such as
traffic circles as a way to control
e not designed to slow down cars. He
his home and he notices that cars
do at stop signs, while the circles
Mayor Russell said that the residents have been looking
forward to this for a long time and a number of studies have been
done; they are on the program and have been waiting patiently for
this phase of the traffic calming to come up.
Commissioner Wiscombe said that he is in support of the
traffic circles because he has seen bad accidents occurring in
those intersections. With regard to Mr. Coule problem discussed
earlier, he asked staff to do whatever is going to take to have
this cleared up; meet with Mr. Coule, walk through, discuss it,
come to an agreement, but please do whatever it takes to get it
cleared up. He said that he will support the resolution.
Commissioner Birts- Cooper also said that she will support it
because she drives in that area a lot visiting friends. She said
that she respects the roundabouts a lot; it is almost impossible
to go fast around them, and they do slow down the traffic.
Vice Mayor Palmer said that she knows that we have a problem;
however, she said that her problem with the circles is that some
of them, specially the one that Commissioner Sherar mentioned,
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1 she said that the distance is to short and it is very difficult
2 for a big vehicle to maneuver around the circle.
3
4 Commissioner Birts- Cooper asked Ajibola whether the trucks
5 have problems going around the circles. He said that they do not.
6
7 With no further comments or discussion, the motion to approve
8 this item passed by a 4 -1 vote:
9
10 Commissioner Wiscombe: Yea
11 Commissioner Sherar: Nay
12 Vice Mayor Palmer: Yea
13 Commissioner Birts- Cooper: Yea
14 Mayor Russell: Yea
15
16 At this time Counsel Figueredo made some clarification on
17 the Whistle Blower issue brought up during the Public Remarks. He
18 explained that this was a research that was done during the
19 Anduiza matter, which is a totally separate matter and has
20 nothing to do with Mr. Stroyne.
21
22
23 RESOLUTION (S) /PUBLIC HEARING (S)
24
25 Resolution No. 53 -05 -12032
26 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
28 PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT
29 CODE FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A LARGE
30 SCALE DEVELOPMENT USE (SIX STORY MIXED USE MEDICAL
31 OFFICE / RETAIL) BUILDING AT 7150 -7160 SW 62nd AVENUE IN
32 THE "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPMENT
33 DISTRICT (MIXED USE 5); PROVIDING FOR AN EFFECTIVE
34 DATE. (Deferred 4104105) 34/5
35 (City Manager)
36
37 Moved by Commissioner Wiscombe, seconded by Commissioner
38 Birts- Cooper to approve this item.
39
40 Counsel Figueredo explained that one of the reasons that this
41 item was deferred at the last Commission Meeting was that he
42 requested an opportunity to reconcile the City Charter versus the
43 Land Development Code (LDC) . He said that the basis for his
44 request, to which the applicant agreed, was simply that the LDC
45 provides that this falls under the definition of Special
46 Exception (20 -8.9) which specifically provides that a project
47 that is over 40,000 sq. ft. must be reviewed via the Special Use
48 process. This raises the question as to whether or not under the
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1 review process it would be a 3/5 vote or a 4/5 vote to approve
2 the project. The specific provision in the City Charter that
3 would require a 4/5 vote is the one known as to liberalize land
4 use and development regulations. And I stated at a prior meeting,
5 he added, the true focus is whether or not what the applicant is
6 requesting this Commission to vote on is considered a
7 liberalization of our land use regulations. He then quoted the
8 definition of liberalize by various dictionaries, such as to
9 expand or change standards to remove or loosen restrictions; to
10 remove something to make less strict; to make laws less severe.
11 Finally, he said that rather than absolutely conclude on this
12 item, in my opinion, he continued, what I think would be prudent
13 is to ask the applicant to step forward and present testimony to
14 this Commission to evaluate as to whether or not this application
15 is asking to liberalize the LDC, - or whether is simply asking to
16 apply 'criteria, and not asking to liberalize land use. If this
17 Commission makes a finding of fact that what it is being asked is
18 to liberalize the regulation, therefore a 4/5 vote would be in
19 order ; if this Commission find that it is not being asked to
20 liberalize the land use code, then, under that scenario a 3/5
21 vote would be in order.
22
23 Mayor Russell then asked the applicant to come forward.
24
25 Stephen Helfman, attorney representing the applicant, said
26 that they conducted an extensive research of the City's
27 regulations relating to' this matter. He referred to the six
28 unique circumstances provided in the Charter requiring a 4/5
29 vote. He said that they are not asking the Commission to vote on
30 any change in land use, modification, waiver, or anything. They
31 want exactly what our code and our Comp Plan provide for, only
32 those uses. He said that they have designed this project to
33 completely meet with our code, no variances, no waivers and no
34 amendments to anything. He said to the Commission that if they
35 look at the Charter, and that is the test, they are not changing
36 in any fashion, liberalizing our land use, nor are they asking
37 for any change or liberalization to the development regulations
38 of the LDC.
39
40 Vice Mayor Palmer said that she has not researched the full
41 details of the liberalization issue. However, based on what she
42 has read and what she has heard, the applicant is asking for
43 special use, that is a given.
44
45 Mr. Helfman indicated that they are asking for a special
46 exception, and that is something very different in the code from
47 a special use.
48
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1 Vice Mayor Palmer said that under no condition she is
2 considering a 3/5 vote. She said that developers ask to bend the
3 rules but that she is not going for a 3/5 vote.
4
5 Mr. Helfman said that the City Attorney had asked them to
6 simply present their position on this. He said that they have not
7 made a request to change the rules or anything else. They are
8 simply asking to apply the rules from the City Charter just as
9 they clearly read it. The question is whether or not they are
10 asking to liberalize the land use or liberalize the LDC. He said
11 that they do not want the City to change the rules, simply just
12 to apply them.
13
14 Mayor Russell said that the Commission needs to determine
15 what is going to be, and Counsel has requested to have this
16 presentation made to them so that they could decide. If this were
17 not the size that it is, it would have been approved without
18 coming before the Commission. They are not asking for any change
19 from what has been proposed, so this is an interesting question,
20 and we have no existing precedent for something like this, she
21 added.
22
23 Counsel Figueredo said that in fact there is no precedent on
24 this issue; but because it is an issue of great magnitude, even
25 though is a legal interpretation, he thought that it would be
26 prudent for the Commission to engage in a discussion and to ask
27 questions and that it would be better in a public forum. He said
28 that there is no sentence, neither in the code or a sentence in
29 the Charter that says, a special exception being reviewed by a
30 special use process is a 4/5 or a 3/5 vote; there is no language
31 which requires us essentially to reconcile the two documents.
32 Therefore, since there is no language in the code that says is a
33 4/5 vote, by default, I go to the City Charter for guidance, he
34 added, as to whether to apply a 3/5 or a 4/5 vote. Because the
35 Charter says to liberalize land use, he then reviewed zoning
36 cases where the term liberalize have been used, and in the cases
37 that he reviewed, liberalize was used when trying to expand the
38 zoning, for instance, going from family residential to multi -
39 family residential; so that was considered liberalizing zoning
40 regulations. He said that the purpose for him to ask the
41 applicant to delineate to the Commission what they are asking
42 them to vote on is for the Commission to determine whether they
43 are asking to expand the regulations or are they merely asking to
44 apply criteria. If the Commission finds that all you are being
45 asked to do is look at the criteria in the LDC, and make a
46 determination based on that criteria whether to vote for the
47 application or not, and you are not granting them any other
48 rights, that is not a liberalization. However, if you are
49 expanding the regulations, granting the applicant rights that he
50 would otherwise not qualify for, that would be liberalizing
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1 because you are expanding the regulations, and by expanding the
2 regulations, you are duly bound under the Charter to vote 4/5.
3
4 Counsel Figueredo said that we have a duty and an obligation
5 to follow the City Charter, which basically guides the City
6 Commission in how it enforces its laws, and the LDC is based on
7 the City Charter. He said that he could not get a direction from
8 the LDC, regardless on how much he read or how many sections he
9 reconciled, he could not come up with an answer as to whether it
10 should be a 3/5 or a 4/5 vote because essentially, the LDC is
11 silent on that issue. The only thing I can do is interpret it, he
12 said, and if I don't have an answer in the LDC, the document that
13 I need to look into is the City Charter. He said that he is not
14 going to impose his legal opinion on the Commission; he said that
15 he is only asking this Commission to make a finding whether you
16 are being asked to liberalize the regulations or you are not.
17
18 Commissioner Wiscombe asked Counsel Figueredo that if he were
19 rendering a legal opinion for the Commission, would he recommend
20 a 3/5 vote. Counsel Figueredo said that his interpretation, based
21 upon the definitions of liberalize, and in view of the
22 application, he does not believe that they are being asked to
23 liberalize the LDC as it is currently written, and therefore, a
24 4/5 vote would not be required under the City Charter. It would
25 be a 3/5 vote.
26
27 Commissioner Sherar said that there are probably less than 50
28 acres in the TODD district; therefore, when someone comes in with
29 a 40,000 sq. ft. project in that area of town, we are talking
30 about having a major impact, and it is something that we
31 obviously want to have very close scrutiny; which in essence is a
32 liberalization of use, because they can't have a development over
33 40,000 sq. ft. unless they come' 'in and get permission from the
34 Commission to do it.
35
36 Mr. Helfman said that it has nothing to do with the size of
37 the project; it is not a 40,000 sq. ft. project; 40,000 ft is the
38 size of the land. He said that if they were to build one single
39 house there they still would need to come before the Commission;
40 therefore, it has nothing to do with the intensity of the project
41 or with traffic. What the code says is that when the land is over
42 40,000 sq. ft., then the Commission needs to review the project.
43
44 Commissioner Sherar questioned staff as to whether this
45 project should go to the ERPB before coming to the Commission,
46 Counsel Figueredo explained that this type of review process has
47 been interpreted by the Planning Director for a very long time,
48 and traditionally, the matter goes back to the ERPB. Therefore,
49 the manner in which the Planning Director has brought this matter
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to the Commission is consistent with how they handle these
reviews.
At this time Counsel swore in speakers.
Commissioner Sherar disclosed at this time that on Friday he
met with Jay and Luis. He said that they did not talk about this
project at all. What they discussed was about the LDC and the
Comp Plan and how they relate.
Mr. Helfman said that he appreciates the disclosure; however,
he has some concerns about it and what they discussed. He asked
whether they talked about the application of the TODD MU -5
criteria; habitability over arcades; heights of floors.
Commissioner Sherar said that they talked about all those issues.
Mr. Helfman said that he has a real problem with this. These
precise issues are before this Commission tonight. He said that
he has a real problem with the fact that there was a discussion
ex- parte, where they were not a participant. He said that this is
a violation of due process.
Counsel Figueredo said to Commissioner Sherar that he needed
to make certain affirmations regarding his ability to review this
project objectively. Commissioner Sherar said that he could be
objective in reviewing this project.
Mr. O'Donniley at this point presented the item referring to
the staff report and briefly giving an overview of the
Development Plan Analysis, Planning Board Action, Summary of
Traffic Management Report, and staff's recommendation.
Mr. Helfman spoke again saying, among other things, that they
happen to be in the most intensive piece of property in the City.
This property, and the immediately surrounding areas that have
this designation were selected by the Commission in the Comp Plan
and in the zoning code in 1989 to carry the most intensive
development in the City; heights up to 100 ft.; unlimited FAR; no
landscaping requirement; no setback requirement; the uses are
unlimited. In conclusion, he said that they are just asking the
Commission to review a permissible project.
At this time the Mayor opened the floor for public hearing.
David Tucker Sr. said to be concerned with what the special
exception the applicant is requesting really means and that until
that is clarified to his satisfaction, he will have that question
in his mind.
Jay Beckman referred to a handout that he submitted to the
Commission discussing the special use approval process, proposed
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conditions for approval, and traffic study questions. He urged
the Commission to consider his conditions for approval, as well
as the closing of ST 70th Street at SW 62nd Avenue.
Beth Schwartz urged to request more setback in the front for
more green, not just some plants, and urged for the closure of SW
70th Street. She also said that the neighbors hope to see more up
scale residential townhouses on 62nd Avenue. She also referred to
the alley on the rear of the property.
Mr. O'Donniley referred to "A3" on the site plan in the
packet pointing to the two loading zones to the rear of the
building on the site plan, adding that there is no requirement
for alleys in our jurisdiction, that is just an easement and that
we simply have asked them to widen it to make sure that there is
sufficient space for the trash pick -up trucks.
Sharon McCain referred to the project saying that they are
not really asking for anything and that they are coming here just
as a formality. She said that she only has a problem with the
landscaping, adding that the trees should be taller.
At this time the motion by Commissioner Wiscombe, seconded by
Commissioner Birts- Cooper to extend the meeting passed 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
The public hearing continued.
David Landau said to be concerned with the possible increase
of traffic which is already congested.
Dean Whitman said that he is for this project. He also said
that there will be traffic impact and asked that the quality of
life in the neighborhood be respected.
John E. Smith said that what is being proposed fits
beautifully, and that he thinks that the developer has designed
what the Charrette had envisioned many years ago.
Cal Rosenbaum said that even though the attorneys agree that
three - fifths is what would be necessary, he does not agree. As a
property owner in the area, he believes that the Commission is
charged with a unanimous vote. This is the only project that he
has seen in years that complies with our Charter. He said that
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when this project is done, there will probably be a Dade County
award for art in public places; for green space; for plaza; for
under utilization of the available code and no request for
variances or deviation. He then urged the Commission to vote
unanimously for the project.
Mr. Helfman at this point asked Jay Beckman about any
conversations with Commissioner Sherar about any aspect of this
project, other than the time that they met for the past 3 -4
months since this application was filed; whether he had any
communications at all with the Commissioner.
Mr. Beckman said that at end of the Planning Board meeting
he sent to all of the Commissioners a request that the
application be sent back to the Planning Board. He also copied
staff and the Attorney.
Commissioner Wiscombe said for the record that when he
received that email he forwarded it to the Attorney.
Mr. Helfman then proceeded with his rebuttal, starting with
Jay's comments, saying the following among other things. That the
proposed use conforms with the requirements of our code; the
concept of an alley is clearly defined under our code and it is
not defined for any particular dimension; the applicant owns the
property in the back, it is not a dedicated alley, but they are
prepared and have incorporated it as an alley on the back of
their project. They will maintain that alley which provides means
of access for loading, for garbage and for all sorts of uses. He
also said that they intend to landscape along the perimeter of
that alley at the edge of the building. He then urged the
Commission to be supportive of the desire of the neighbors to
close SW 70th Street and that they will contribute and that they
will be happy to participate in that effort towards doing
whatever traffic improvements are necessary. He then spoke of the
plaza that they have incorporated saying that they will be happy
to incorporate more green space, if they prefer that instead of
pavers.
At this time Mayor Russell referred to the 3/5 vote versus
the 4/5 vote and asked the Commission how they felt about it..
Commissioner Wiscombe said that he believed that what the
City Attorney recommended is the way to go; he does not see a big
opposition, nor are we setting precedent in anyway. Therefore, he
said he will agree with the three - fifths.
Commissioner Birts- Cooper concurred with Commissioner
Wiscombe on the three - fifths; they are not asking for anything,
she said.
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13
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2 Vice Mayor Palmer said that because of what we have gone
3 through over the years, she thinks that four - fifths is the
4 correct procedure.
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6 Commissioner Sherar said that he thinks that this is going
7 to set a precedent, and referred to 20 -8.9 of the LDC. He said
8 that the applicant has no right to put that building there until
9 the Commission decides on an individual basis that they have the
10 right to do it. He said that he is voting on the procedure and
11 everything else about this building has nothing to do with
12 anything.
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14 Mayor Russell then called the question on the procedure.
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16 Vice Mayor Palmer said that she is going with the 4/5 vote;
17 to vote on the project is a different story, entirely.
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19 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
20 that the interpretation of 20- 8.9(b) is for a 4/5 vote pursuant
21 to the Charter. The motion failed by a 2 -3 vote:
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23 Commissioner Wiscombe: Nay
24 Commissioner Sherar: Yea
25 Vice Mayor Palmer: Yea
26 Commissioner Birts- Cooper: Nay
27 Mayor Russell: Nay
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29 Mayor Russell then indicated that a 3/5 is required for this
30 hearing as predetermined by the City Attorney, and I think we are
31 fine with that, she added.
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33 Mayor Russell then referred to an empty parcel on SW 70th
34 Street which could be used for construction workers' vehicles and
35 asked Ms. Davis to follow up on this. She also asked the Manager
36 about the closure of SW 70th Street which has been approved and
37 the Manager said that there is nothing holding it up.
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39 Mr. Helfman said that they will either secure that location
40 or any other for construction vehicles.
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42 Mayor Russell then referred to the landscaping along SW 62nd
43 Avenue saying that although she understands that they are already
44 doing more than it is required, but that it needs some more green
45 space. She said that some canopy, shade trees and some color is
46 needed along 62nc1 Avenue, and anything they can do to provide
47 something cool and shady.
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49 Mr. O'Donniley explained that the proper planning to the
50 front of the building would be for trees that do not have a deep-
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1 root system, but the ERPB did recommend more green for the plaza.
2 The design will go back to the ERPB for final approval.
3
4 Commissioner Birts- Cooper said that there is no room in the
5 front for large trees and that the palm trees will look great.
6 She said that she would like to see the loading inside. About SW
7 70th Street she said that she is in favor of closing it because
8 right now it is too convenient to turn east on it and go straight
9 to US1.
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11 Vice Mayor Palmer asked for more information regarding the
12 plaza as to whether it would be restricted to patients.
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14 Mr. Helfman said that the plaza is not just for patients or
15 visitors to the building. The plaza will be open and any passerby
16 will be welcomed to enjoy that plaza area, and the art is
17 intended to be in that public space and for the enjoyment of
18 everyone passing by. This will be a sculpture type piece within
19 the plaza.
20
21 Commissioner Wiscombe said that there is something that we
22 have been lacking in the development that we can really institute
23 here and combine two things, one is the issue of art and the
24 other is the issue of the use of water. He said that if the
25 Hospital will have the use of waterfalls when they open soon as
26 they finalize the project, he will not mind the combined use of
27 that in the plaza. As far as the arcades, we are required to use
28 those. About 70th Street is concerned, he said that some of the
29 residents should stop running the do not enter sign and respect
30 it just as well as the people who are illegally cutting through,
31 since that is not a good way to set an example. He said that he
32 thinks this is a good project. About the palm trees issue, he
33 said that he would prefer larger trees. He then said that he will
34 support the project.
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36 Commissioner Sherar said that he has a little bit of a
37 problem with this project even being here. He said that not too
38 long ago he took an oath to uphold the code, among other things,
39 and that he will make sure that it complies with all other
40 applicable code provisions, and that he said it with the Codina
41 project and will continue saying it. He then said that he also
42 has a problem with the arcade being built on public property. Mr.
43 Helfman clarified that the arcade is being built to their
44 property line.
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46 Mr. O'Donniley then in order to clarify the issue of uses,
47 referred to the code explaining that in general, office is not
48 considered the same as a retail use. He specifically referred to
49 the table on page 30 of the LDC.
50
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Commissioner Sherar then referred to Section 20- 8.3(2) of the
LDC.
Counsel Figueredo referred to Section 20 -8.5 saying that his
interpretation is that because of the fact that it says uses,
that you can have more than one type of commercial use.
Commissioner Sherar with regard to the dumpster trucks said
that they would not be able to go around in the parking lot.
About 70th Street he said that this is not traffic calming, it is
rather, traffic displacement.
Vice Mayor Palmer said that as far as she is concerned, they
should do it the right way, just take it back, fix what they have
to fix and then come back. She said that this is why she believes
that it should be a 4/5 vote.
Commissioner Wiscombe said that he wanted to make sure that
all the recommendations have been noted.
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, an amendment to add to Section 1(6) adequate landscaping,
canopy trees and a water feature to be provided in the plaza. The
motion to amend passed by a 4 -1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Nay
Mayor Russell: Yea
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer,
an amendment to add to Section 1(8) the applicant shall utilize
the parking plan during construction which has been approved by
the Planning Department. The motion to amend passed by a 5 -0
vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice'Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
With no further comments or discussion, the motion to approve
this item as amended passed by a 4 -1 vote:
Commissioner Wiscombe:
Commissioner Sherar:
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Yea
Nay
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Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
RESOLUTION (S)
(Cont'd)
Resolution No. 54- 05- 12033
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, REQUESTING THE PLANNING
BOARD TO CONSIDER AND RECOMMEND UPON A REVISION RELATED
TO THE APPOINTMENT OF PLANNING BOARD MEMBERS BY
AMENDING SECTION 20-6.1(B) (1) (b) OF THE SOUTH MIAMI
LAND DEVELOPMENT CODE IN ORDER TO PROVIDE FOR STAGGERED
APPOINTMENT TERMS FOR PLANNING BOARD MEMBERS; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(Mayor Russell)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
Mayor Russell said that this to prevent that all terms of the
Planning Board expire at the same time. It was originally set for
the terms to be staggered but it was changed at some point in the
past. She said that she is bringing this to the Commission so
that they can appoint some new members, keep some existing
members for continuity for one year, and then we will be making
the appointment of three people every two years and of four
people every two years.
Commissioner Sherar said that he would like to see some new
people in there.
Commissioner Birts- Cooper asked whether it would be possible
to have at least two members to serve for four years, because it
is not easy to find qualified people with planning expertise.
With no further comments or discussion, the motion to approve
this item passed by a 5 -0 vote:
REGULAR CITY COMMISSION
MINUTES - April 19, 2005
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
17
1 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
2
3 Ordinance No. 13 -05 -1835
4 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
6 MANAGER TO ENTER INTO A FINANCE AGREEMENT WITH FIRST
7 NATIONAL BANK OF SOUTH MIAMI FOR THE PURCHASE OF EIGHT
8 FORD CROWN VICTORIA POLICE PURSUIT VEHICLES PREVIOUSLY
9 APPROVED BY RESOLUTION #177 -04 -22956 DATED NOVEMBER 1sT
10 2004, PROVIDING FOR AN EFFECTIVE DATE. 3/5
11 (City Manager)
12
13 Moved by Commissioner Wiscombe, seconded by Commissioners
14 Sherar and Birts- Cooper to approve this item.
15
16 Chief Martinez explained that they had three bids. It
17 previously passed as a resolution but it had to be changed to an
18 ordinance.
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20 With no speakers, the Mayor opened and closed the floor for
21 public hearing.
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23 With no further comments or discussion, the motion to approve
24 this item passed by a 5 -0 vote:
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26 Commissioner Wiscombe: Yea
27 Commissioner Sherar: Yea
28 Vice Mayor Palmer: Yea
29 Commissioner Birts- Cooper: Yea
30 Mayor Russell: Yea
31
32 Ordinance No. 14 -05 -1836
33 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
34 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH
35 MIAMI PENSION PLAN, PROVIDING FOR AN INCENTIVE FOR
36 RETIREMENT FOR CERTAIN POLICE OFFICER EMPLOYEES OF THE
37 CITY OF SOUTH MIAMI TO INCLUDE A RULE OF SEVENTY (70),
38 WITHIN A SPECIFIED PERIOD OF TIME; PROVIDING FOR
39 SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING
40 FOR AN EFFECTIVE DATE. 3/5
41 (City Manager)
42
43 Moved by Commissioner Wiscombe, seconded by Vice Mayor Palmer
44 and by Commissioner Sherar to approve this item.
45
46 Ms. Davis said that they are requesting to amend our pension
47 ordinance to allow for the rule of seventy (70) for specific
48 police officers that are vested for a certain period of time.
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1 There will be no cost to the City for offering the incentive, and
2 it is a retirement incentive to see if we could save some money
3 from the pension plan.
4
5 With no speakers, the Mayor opened and closed the floor for
6 public hearing.
7
8 Mayor Russell said that the Pension Board has approved this,
9 which is a wonderful option and opportunity for them. However,
10 she said that she would like for the City to do more for those
11 employees who dedicate 10, 20, 30 years of their lives to the
12 City. She said that all of these long -time employees give so much
13 and contribute to the well being of the City, and that they
14 should establish some type of recognition for each employee, as
15 they choose to leave or are asked to leave after a decade or more
16 of service, and make it retroactive.
17
18 Commissioner Wiscombe asked Mayor Russell to come back to the
19 Commission with ideas.
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21 Vice Mayor Palmer said to the Mayor that she really commends
22 her for that because they should recognize those employees. She
23 suggested that we may establish different categories, such as 5
24 years, 10 years, etc.
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26 Commissioner Birts - Cooper said that they should have some
27 type of retirement in place for our long -time employees.
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29 Mayor Russell said that the Manager for the first time has
30 required them to participate in the plan, because not everybody
31 is informed about the benefits for them on the long run.
32
33 Vice Mayor Palmer then said that she believes that ten years
34 is too long a time for an employee to be vested.
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36 Commissioner Sherar said that in the private sector is a lot
37 longer than that.
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39 Commissioner Wiscombe added that this may cost us a lot of
40 money, just be aware of it.
41
42 With no further comments or discussion, the motion to approve
43 this item passed by a 5 -0 vote:
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45 Commissioner Wiscombe: Yea
46 Commissioner Sherar: Yea
47 Vice Mayor Palmer: Yea
48 Commissioner Birts- Cooper: Yea
49 Mayor Russell: Yea
50
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ORDINANCE (S) FIRST READING PUBLIC
HEARING S)
(NONE)
ORDINANCE (S) FIRST READING
(NONE)
COMMISSION REMARKS
Commissioners were afforded time for comments.
There being no further business to come before this Body,
the meeting adjourned at 12:26 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION 2 0
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Approved
Mary Scott Russell
Mayor