06-07-05 Item 1a1 City of South Miami DRAFT
2 Special City Commission Minutes
3 April 9, 2005
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in special session on Saturday, April 9, 2005, beginning at 9:30
9 a.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, Commissioners
14 Marie Birts- Cooper, Randy G. Wiscombe and Craig Z. Sherar.
15
16 Also in attendance were: City Attorney Luis Figueredo, City
17 Manager Maria V. Davis and City Clerk Maria M. Menendez.
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19 B. Invocation: Was delivered in silence.
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21 C. Pledge of Allegiance:
22 The Pledge of Allegiance was recited in unison.
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24 D. Presentation(s)
25 (NONE)
26
27
28 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
30 1. City Manager's Report:
31
32 Ms. Davis spoke in response to an anonymous letter received
33 the day before the meeting related to item no. 7 on the agenda
34 (now no. 5), alleging that we changed contract language on the
35 Dante Fascell Tennis Center, when in fact nothing has been
36 changed.
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38 2. City Attorney's Report:
39 (NONE)
40
41 PUBLIC REMARKS
42 (5- minute limit)
43
44 David Tucker Sr. urged everybody to center the attention on
45 today's agenda.
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1 Gail Storts spoke in support of the Red Road Commons project
2 saying that for a retired teacher such as her it would be
3 something very convenient.
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5 Lynn Paddor spoke against the item on the agenda relating to
6 the contract for tennis service at Dante Fascell Park.
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8 Yvonne Beckman spoke against the Red Road Commons project.
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10 Bob Welsh said that the zoning change that Codina is
11 requesting is worth about $20 million.
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13 Patrick Bell read a letter from South Miami Methodist Church
14 in support of the Red Road Commons project.
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16 Sharon McCain addressed item no. 12 on the agenda relating
17 to the request for sick leave extension for Officer Munoz, asking
18 for more information.
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20 Jay Beckman addressed item no. 3 on the agenda relating to
21 the Red Road Commons project. He urged the Commission to consider
22 that the perimeter of Block C be reduced to four stories and keep
23 all the five stories in the interior.
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26 CONSENT
27 (NONE)
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29
30 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
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32 Ordinance No. 08 -05 -1830
33 3. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
34 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS; AND
35 CREATING SEC. 2 -26.11 ENTITLED "THE AFFORDABLE HOUSING
36 ADVISORY COMMITTEE "; PROVIDING FOR SEVERABILITY,
37 ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5
38 (Vice Mayor Palmer)
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40 Moved by Commissioner Wiscombe, seconded by Commissioner
41 Sherar to approve this item.
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43 Vice Mayor Palmer referred to a recent article that she read
44 in "The Good News of Miami Habitat" concerning the crisis about
45 the lack of affordable housing, and expressed her concern about
46 the fact that we do not know where people are going to go. She
47 said that this is with the intention of putting a committee
48 together for the purpose of gathering as much information as
SPECIAL CITY COMMISSION 2
MINUTES - April 9, 2005
possible on this matter. We are not capable of providing
affordable housing for everyone, but if we can do at least
twenty percent, I think that we have accomplished something,
she added. She said that she feels very passionate about this
and that she hopes that together with the efforts of all of the
Commission coming together that they will be able to provide
something that will be affordable for all the residents.
Mr. O'Donniley explained that this ordinance is an
initiative that provides a real opportunity to receive some
meaningful input to our Evaluation and Appraisal Report (EAR)
for the long range comprehensive plan; as part of the plan,
addressing affordable housing is a required element by state
law.
Vice Mayor Palmer explained that a dear friend of hers just
passed away and that she would need to leave the meeting early.
She said that she was sorry that she had to leave this meeting
because she had really committed herself for today but that you
never know how a day is going to change.
At this time the Mayor opened the floor for public hearing.
Yvonne Beckman thanked the Vice Mayor for bringing this
forward.
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 No. 09 -05 -1831
4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO SIGN A TWO YEAR CONTRACT WITH BELLSOUTH AS
THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING
ESTIMATED SAVINGS OF $12,000.00 DURING THE TERM OF THE
CONTRACT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE 3/5
(City Manager)
Moved by Commissioner Wiscombe, seconded by Commissioners
Sherar and Birts- Cooper to approve this item.
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MINUTES - April 9, 2005
Ms. Davis explained that we are switching service from AT &T
to Bellsouth for an annual savings of $6,000 per year. She
added that we had two readings of this ordinance for a very
simple contract, which is something that she would like for us
to address during Charter review time. The amount of money that
we have to spend on advertising alone is amazing.
The Mayor opened the floor for public hearing. Only one
person spoke briefly but it was inaudible.
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 No. 10 -05 -1832
5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASE OF CITY
PROPERTY; PROVIDING FOR LONG -TERM MANAGEMENT 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 Wiscombe, seconded by Commissioner
Sherar and Vice Mayor Palmer to approve this item.
At this time the Mayor opened the floor for public hearing.
Sharon McCain asked whether the agreement stipulates that
the tennis management company may not overtake or sublease the
parking to Gulliver.
Yvonne Beckman said that she lives down the street from
Dante Fascell Park and that she believes that the neighbors
should have a workshop on this issue because of problems such
as parking.
Cal Rosenbaum said that he would like to see the Commission
to put an amendment on this that strictly prohibits any parking
from the Gulliver gym under any circumstances ... inaudible...
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MINUTES - April 9, 2005
Commissioner Wiscombe asked Mr. Paddor to explain the kind
of problems that he referred to earlier about things that have
changed with regards to the tennis facility and its use and
that there are some other complications.
Mr. Paddor said that the issue came up a couple of years
ago. He came with a group of neighbors before the Commission at
the time and they were assured that this type of actions would
not occur. The Commission changed and now it has occurred. He
said that the bathroom facilities were in bad shape, and that
there are also management issues with the present management
company.
Commissioner Sherar asked whether the courts were in better
condition now. Mr. Paddor said yes, they are in better
condition.
Commissioner Birts- Cooper asked why people were unhappy. Mr.
Paddor said that there has been a conflict on the time limits
between the management and people coming in.
Ms. Davis said that she has not heard any specific problems
and asked Mr. Paddor to come and see her so that they can talk
about specifics. She said that the contract specifically calls
for three courts to be open at any given time to the residents.
She said that in the past they had a part -time employee
managing the center and we were loosing money, averaging $3,000
net revenue per year. This contract guarantees us $11,400 per
year. She said that if there is an issue as far as times when
residents wish to play, if the courts are not open, then she
urged Mr. Paddor to call her office so that they can deal with
it.
Mayor Russell then referred to phone calls that she received
with various concerns regarding the Park. She said that tennis
has been traditionally a sport where the spectators are quiet
and respectful of those playing the game. She said that
residents who have been playing tennis there for many years
need to be protected from disruption from students. The net
needs to be put between the courts again to respect those
residents that are playing on the field.
Commissioner Wiscombe commented that the bathrooms need
further improvement. He said that he wants to make sure that
the facility is what it should be and that the bathrooms are
clean, painted and maintained.
Mayor Russell also suggested placing a signage regarding
"tennis etiquette."
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Ms. Davis said that we have two grants coming for about
$23,000 that will be used for refurbishing the bathrooms and
the facilities.
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
At this time the Mayor announced a five - minute recess.
16 Ordinance No. 11 -05 -1833
17 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
18 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
19 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
20 MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE
21 DISTRICT FROM I "TODD(MU -4)", TRANSIT ORIENTED
22 DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED
23 UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT
24 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE
25 PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF
26 A MIXED USE PROJECT CONSISTING OF MULTI- FAMILY
27 RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING
28 GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO
29 THE DETERMINATION OF CONCURRENCY; PROVIDING FOR
30 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
31 PROVIDING AN EFFECTIVE DATE. 4/5
32 (Deferred 11/16/04;03/07/05;04 /04/05 Tabled 3128105)
33 (City Manager)
34
35 Moved by Commissioner Wiscombe, seconded by Commissioner
36 Sherar to approve this item.
37
38 Mr. O'Donniley presented the item. The site today has no
39 housing, it is commercial office only; the request is to place
40 this over -lay zoning district which will create an opportunity
41 for residential development with a retail component. As part of
42 the residential component, it was asked that the developers set
43 aside ten percent for affordable housing and in addition place
44 some funds to build low - income housing in the adjoining
45 neighborhood. He said that one remaining matter that would
46 relate to the zoning change that is important is the question
47 about whether it complies with the 1200 ft access. He then
48 presented the new survey submitted by the applicant for this
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meeting and walked the Commission through it. Mr. O'Donniley
then said that the plan that is being proposed supports the
specific objectives outlined in the Comprehensive Plan and
follows those policies as adopted in the Plan; it is consistent
with the Plan and appropriate.
At this time the Commission decided to table this item in
order to discuss the Development Agreement.
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe, to table this item until the conclusion of the
Development Agreement item. The motion to table passed by a 4 -0
vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Absent
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Ordinance No. 12 -05 -1834
7. 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
(Deferred 04104105)
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
Mr. O'Donniley said that the Development Agreement has been
a major focus of consideration and that there are quite a
number of things that the developer has agreed to do. He then
explained that all the changes have been underlined so that
they could see where the changes have occurred.
At this time Commissioner Sherar proceeded to propose the
following amendments.
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MINUTES - April 9, 2005
1 Moved by Commissioner Sherar to amend 5(t) (Site Plan): The
2 Applicant shall not exceed a noise level equal to the ambient
3 background level at 10:00 P.M. at a location adjacent to the
4 property to be as selected by the Planning Director, which may
5 change from time to time. The Applicant agrees to assume
6 responsibility for violations of the city's nuisance or noise
7 ordinances that occur on the subject property. Seconded by
8 Commissioner Birts- Cooper, the amendment passed by a 4 -0 vote:
9
10 Commissioner Wiscombe: Yea
11 Commissioner Sherar: Yea
12 Vice Mayor Palmer: Absent
13 Commissioner Birts- Cooper: Yea
14 Mayor Russell: Yea
15
16 Commissioner Sherar then read into the record a proposed
17 amendment to 2(d) (Public Facilities), copies of which were
18 distributed to the Commission.
19
20 Mr. Proctor said that he would make a couple of comments
21 that would bring closure to this issue; He said that assuming
22 that the City purchases parkland and that the applicant would
23 be charged the pro -rata share of the 3.2 acres for the price of
24 that land, and that they agree to that, then the only thing
25 missing here is an outside date, and recommended to go back to
26 the December 15th date that they have used, and that by that
27 time, the City has either purchased parkland, or the City will
28 have a proposal for them to buy parkland.
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30 At this time the Mayor announced a three - minute recess.
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32 As the meeting reconvened, Mr. Figueredo read the language
33 for Commissioner Sherar's amendment by incorporating Mr.
34 Proctor's recommendation to 2(d) as follows:
35
36 ...Applicant agrees to pay its pro -rata share...
37 ...the average sales price of residential property in the city
38 over the last year— as described in writing by the city by
39 December 15, 2005. Applicant shall have five (5) business days to
40 decide whether to pay the requested amount by the city or
41 withdraw its zoning application. The applicant's payment shall...
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43 Seconded by Commissioner Wiscombe, the motion to approve the
44 above amendment passed by a 4 -0 vote:
45
46 Commissioner Wiscombe: Yea
47 Commissioner Sherar: Yea
48 Vice Mayor Palmer: Absent
49 Commissioner Birts- Cooper: Yea
SPECIAL CITY COMMISSION 8
MINUTES - April 9, 2005
Mayor Russell:
Yea
Commissioner Sherar agreed to leave section no. 32
(Effectiveness) as presented. He then asked Mr. O'Donniley
whether there was a provision in the Agreement addressing the
construction parking.
Moved by Commissioner Sherar to add 5(u) (Site Plan) : The
Applicant shall submit a plan for the parking of workers during
construction. Such plan shall be approved by the Planning
Director prior to the issuance of the first construction
permit. Seconded by Commissioner Wiscombe, the motion to
approve this amendment passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Absent
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
With no further comments or questions, the motion to approve
this item as amended passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Absent
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, the motion to bring back to the table item no. 3 (now
no. 6), passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Absent
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Commissioner Sherar said that he will vote for this item
because they got the Development Agreement to take care of all
the problems that he saw. He then commended Mr. Proctor for
keeping all those promises that he made 2 -3 years ago when we
were arguing about this building, about this site and about the
referendum, he added. He said he does not have a problem with
the five stories on the industrial side, and that it will be up
to the Commission in place 2 -3 years from now when the place
gets built, to make sure that traffic and noise issues are kept
under control.
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Commissioner Wiscombe said that in lieu of what could have
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been and what this is, that he thinks that
it will serve the
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City better, especially with regards to traffic, because if we
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would have gotten a commercial use out of this
it would have
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been a nightmare. We worked it and crafted
it so that it is
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going to be controlled as far as the impact
that is going to
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have on the community.
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With no further comments or questions, the
motion to approve
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item no. 6 passed by a 4 -0 vote:
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Commissioner Wiscombe:
Yea
14
Commissioner Sherar:
Yea
15
Vice Mayor Palmer:
Absent
16
Commissioner Birts- Cooper:
Yea
17
Mayor Russell:
Yea
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19
20 RESOLUTION (S) /PUBLIC HEARING (S)
21
22 Resolution No. 48 -05 -12027
23 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA APPROVING A MASTER SITE
25 PLAN AND DEVELOPMENT PROGRAM FOR CERTAIN PROPERTY IN A
26 "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING
27 DISTRICT MORE SPECIFICALLY LOCATED AT 6600 -6640 SW 57
28 AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS
29 OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE, AND
30 URBAN DESIGN ISSUES, AND CONSTRUCTION OF APPROPRIATE
31 PUBLIC INFRASTRUCTURE AND LANDSCAPING; AND PROVIDING AN
32 EFFECTIVE DATE. (Deferred 11116104;03107105;04104105) 4/5
33 (City Manager)
34
35 Moved by Commissioner Wiscombe, seconded by Commissioner
36 Birts- Cooper to approve this item.
37
38 Mr. O'Donniley presented the item. This is to be constructed
39 in one phase, not meaning that it will all be built at once, but
40 that they have to continue to make progress during construction.
41 He then went over the site plan analysis as presented in the
42 staff's report.
43
44 At this time the City Attorney sworn in the speakers and the
45 Mayor opened the floor for public hearing.
46
47 Mr. Proctor said that they are in support of staff's
48 recommendations and conditions. He said that this project
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provides a moderate level and opportunities for professionals,
police men and women, school teachers; he referred to a nurse or
representative from South Miami Hospital who talked many meetings
ago about the hospital's expansion and their needs and desire to
keep their local employees in this area, and concluded by asking
the Commission for their support.
Yvonne Beckman said that this is just a giveaway; $20
million in assets of the City and she is not happy about it.
Cal Rosenbaum said that not too many years ago our elected
officials commissioned a report for this exact area, including
Commerce and Progress Lane, and the report revealed that this is
a blighted area., He said that he owns property in that area and
it is blighted. He then thanked the City Manager, the Codina
Group, the University, the attorneys, not only for him but for
everyone who resides and does business in the area, for this good
project.
Sharon McCain showed pictures depicting two handicap areas
that need to be taken care of, adding that the sidewalks in
Commerce Lane need to be pedestrian friendly.
Mr. Figueredo explained for clarification in response to a
public comment relating to Commissioner Birts- Cooper's previous
employment with the University of Miami that his office had
reviewed this, they looked at the conflict statute and there is
no need for disclosure because there is absolutely no conflict.
He also made clarification on the quasi - judicial issue and who
the Commission can speak with. The Commission may confer with
staff. They are not allowed to speak with any third parties; a
third party is not staff.
Mr. Proctor addressed a question that was raised about
taxes. He said that there is a provision that the applicant and
the successor will pay the City in lieu of taxes if there is an
exemption granted on the property; there is also a provision that
the City Attorney put in the Agreement, that this item about
taxes will survive the ten -year requirement, so it is in effect
perpetual.
Ms. Davis referred to Section 2(5) on page 2 of the
resolution, recommending to strike the word deciduous.
Moved by Commissioner Wiscombe, seconded by Commissioners
Sherar and Birts- Cooper, to amend Section 2(5) on page 2 of the
resolution by striking the word deciduous. The motion to amend
passed by a 4 -0 vote:
SPECIAL CITY COMMISSION
MINUTES - April 9, 2005
Commissioner Wiscombe: Yea
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Commissioner Sherar: Yea
Vice Mayor Palmer: Absent
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Moved by Commissioner Sherar to amend the resolution by
adding subsection (16) under Section 2 of the resolution, to
read: The applicant's development project shall conform to the
site plan and architectural renderings presented and approved by
the Commission and submitted to the ERPB for site plan approval.
Mr. Proctor recommended adding the word "substantially" to
the above amendment.
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, the motion to add substantially to the above amendment,
to read: ...shall substantially conform... passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Absent
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 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Absent
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
9. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND
DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE
BUILT IN THE FRONT SETBACK AREA RESULTING IN A
VARIANCE REQUEST TO PERMIT A THREE FOOT FRONT SETBACK
WHERE A MINIMUM OF 25 FEET FRONT SETBACK IS REQUIRED:
ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE- FAMILY
RESIDENTIAL USE DISTRICT, LOCATED AT 5890 SW 84
Street, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED
AS LOT B OF SEAVIEW ESTATES; AND PROVIDING FOR AN
EFFECTIVE DATE. 4/5
(City Manager)
SPECIAL CITY COMMISSION
MINUTES - April 9, 2005
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1 Moved by Commissioner Wiscombe, seconded by Commissioners
2 Birts- Cooper and Sherar to approve this item.
3
4 Mr. O'Donniley presented the item, consisting of a request
5 for approval of a variance from the Land Development Code (LDC)
6 to allow a garage structure to be built in the front yard of a
7 house.
8
9 After staff's presentation, Mr. Figueredo sworn in speakers.
10
11 Stephen Huber addressed the Commission by presenting his
12 request for a hardship variance to accommodate the new garage. He
13 said that he has been told that there are plans to build a circle
14 at the intersection of SW 84 Street and SW 59 Avenue; therefore,
15 he must wait until the circle is installed. He said that they
16 have no plans to remove any trees which they planted.
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18 Sharon McCain said that the applicant converted the existing
19 garage into a kitchen and that she does not think that there is a
20 hardship.
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22 Robert Ledo a friend and neighbor of the applicant said that
23 he has seen the plans, he thinks that it is an attractive
24 structure and that he knows how important a garage is for them
25 and that he can see the hardship in building because of the
26 irregular lot size. He said that there are a lot of detached
27 garages in the neighborhood, the applicant is not asking for a
28 lot and that he should be approved for the variance.
29
30 Cathy McCann said that she is opposed to this because there
31 is no justification and there is no hardship.
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33 Yvonne Beckman said that she concurs with Ms. McCann; they
34 know when they bought this property what they could do with it.
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36 Maria Huber, the applicant, said that they had a reason for
37 the conversion of the garage because their family was larger at
38 the time, and they do need a garage now and that they are just
39 asking for a garage that is going to be compatible with
40 everything else.
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42 Jay Beckman said that if there is any excess property above
43 the 50 ft required right of way, then maybe after the
44 construction is done, some of that land will be given to property
45 owners. He said that the Planning Board did not find that there
46 is a hardship involved. He urged the Commission to vote against
47 the variance request.
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49 Mayor Russell said that even though she does know how
50 everyone is going to vote, just in case, she said that rather
SPECIAL CITY COMMISSION 13
MINUTES - April 9, 2005
1 than denying it, as an alternative, she proposed to keep it alive
2 by tabling it until such time that the traffic circle is built
3 and we have a better understanding of what property remains, and
4 then allow the applicant to come back at that time. She said that
5 the applicant has made improvements to the property in order to
6 keep it and stay in the neighborhood. She said that tabling the
7 item seems to be the fair thing to do.
8
9 Commissioner Wiscombe said that voting for this would be
10 going against to what he has fought for in terms of setbacks, and
11 that he would be setting a precedent.
12
13 Mr. Figueredo clarified that according to Robert's Rules, if
14 they wanted to provide the applicant with an opportunity to come
15 back, his recommendation is to defer.
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17 Commissioner Sherar said that he does not think that this is
18 a self - imposed hardship; he thinks that the City created this
19 problem because of the way it was platted; therefore, the city is
20 partially responsible.
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22 Commissioner Birts- Cooper said that she concurs with the
23 Mayor and that she rather sees that this is deferred until they
24 see what happens with the circle.
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26 Moved by Commissioner Birts- Cooper, seconded by Commissioner
27 Sherar, the motion to defer this item passed by a 3 -1 vote:
28
29 Commissioner Wiscombe: Nay
30 Commissioner Sherar: Yea
31 Vice Mayor Palmer: Absent
32 Commissioner Birts- Cooper: Yea
33 Mayor Russell: Yea
34
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36 They moved for retraction in order to modify the motion.
37
38 Moved by Commissioner Birts- Cooper, seconded by Commissioner
39 Sherar, to defer this item for six months, the motion passed by a
40 3 -1 vote:
41
42 Commissioner Wiscombe: Nay
43 Commissioner Sherar: Yea
44 Vice Mayor Palmer: Absent
45 Commissioner Birts- Cooper: Yea
46 Mayor Russell: Yea
47
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49
SPECIAL CITY COMMISSION 14
MINUTES - April 9, 2005
1 Resolution No. 49 -05 -12028
2 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
4 TO SECTION 20-3.4(B) (4) (b) OF THE LAND DEVELOPMENT
5 CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
6 RESTAURANT IN THE "SR (HD -OV)" SPECIALTY RETAIL
7 HOMETOWN DISTRICT OVERLAY ZONING DISTRICT
8 SPECIFICALLY LOCATED AT 5850 SUNSET DRIVE; AND
9 PROVIDING FOR AN EFFECTIVE DATE. 4/5
10 (City Manager)
11
12 Moved by Commissioner Sherar, seconded by Commissioner
13 Wiscombe to approve this item.
14
15 Mr. O'Donniley presented the item consisting of a request
16 for a special use approval to locate a Mexican style restaurant
17 in the rear section on the ground floor of an existing two story
18 building located at the above - referenced address. The Planning
19 Board at its March 8, 2005 meeting recommended approval of the
20 application with the standard condition proposed by staff, that
21 the applicant shall install a refrigerated garbage storage
22 facility in the restaurant to be used prior to routine garbage
23 removal.
24
25 At this time the speakers were sworn in and the Mayor opened
26 the floor for public hearing.
27
28 Mr. Berrones, the applicant, addressed the Commission saying
29 that they have been in the restaurant business for twenty years,
30 starting in the area of Homestead. He said that they are very
31 excited about the project since the area calls for it. He said
32 that they are very conscious about the appearance and that this
33 particular restaurant will be more upscale, catering to different
34 crowds, while the other restaurants that they have are more
35 casual.
36
37 David Tucker Sr. recommended, among other things, having an
38 outdoor rack for wet mops.
39
40 Sharon McCain said that she loves this restaurant and is
41 glad that she will not have to drive up to Homestead anymore. She
42 also said to take notice that the alleyway is very narrow and
43 that she thinks that Casa Larios has their dumpster there also,
44 so she said to make sure that an emergency vehicle will be able
45 to get through with both dumpsters in that alleyway. She also
46 expressed concern about the deliveries... inaudible...
47
48 To address the concern for the dumpster, Mayor Russell asked
49 the applicant for clarification and it was said that there is
SPECIAL CITY COMMISSION 15
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already a container on the side of the building and that they
will be adding doors and a top so the alleyway will not be
affected at all.
Commissioner Wiscombe said for clarification that the
dumpster site already exists and that the alleyway is private. He
said that he will support this wholeheartedly.
Commissioner Birts- Cooper said that she is very happy that
the dumpster issue is being addressed because for years it was
atrocious the way it was kept. She said to be totally in favor of
this project.
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper to amend the resolution by striking lines 35 and 36
on page one, Section 1(1). The motion to amend passed by a 4 -0
vote
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Absent
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 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Absent
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
RESOLUTION (S)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, URGING THE MIAMI -DADE
LEGISLATIVE DELEGATION TO PERSUADE THE FLORIDA
LEGISLATURE TO UTILIZE THE 2004 -2005 DISTRICT COST
DIFFERENTIAL (DCD) UNTIL SUCH TIME THAT A NEW AND
EQUITABLE CALCULATION FOR THE DCD MAY BE DEVISED BY A
QUALIFIED, UNBIASED THIRD PARTY; AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(Mayor Russell)
SPECIAL CITY COMMISSION
MINUTES - April 9, 2005
16
1 Moved by Commissioner Wiscombe, seconded by Commissioner
2 Birts- Cooper, the motion to defer this item passed by a 4 -0 vote:
3
4 Commissioner Wiscombe: Yea
5 Commissioner Sherar: Yea
6 Vice Mayor Palmer: Absent
7 Commissioner Birts- Cooper: Yea
8 Mayor Russell: Yea
9
10
11 Resolution No. 50 -05 -12029
12 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
13 CITY OF SOUTH MIAMI, RELATING TO EXTENDED MEDICAL
14 LEAVE; GRANTING OFFICER RICHARD MUNOZ ADDITIONAL
15 LEAVE WITH PAY; PROVIDING AN EFFECTIVE DATE. 3/5
16 (City Manager)
17
18 Moved by Commissioner Wiscombe, seconded by Commissioner
19 Sherar to approve this item.
20
21 Ms. Davis said that this is a request by the Administration
22 to extend a hardship medical leave of 90 days in the event that
23 Officer Munoz needs it. He was diagnosed with inoperable cancer
24 in January 2004, and contrary to earlier comments by one of the
25 residents, this Officer actually organized different drug sting
26 operations from his hospital bed while going through
27 chemotherapy. He has been given hundreds of hours by employees
28 across the City, not just the police officers. About disability
29 insurance, that does not kick in for 91 days. That is why we are
30 asking for 90 days. Fortunately, we just learned that after a
31 year and two months of radical treatments Officer Munoz is in
32 remission, and he is coming back to work Monday.
33
34 Commissioner Wiscombe said that he wished him the best,
35 together with our prayers and thoughts. Officer Munoz has been an
36 integral part of our Force and we value his presence here, he
37 added.
38
39 Commissioner Birts- Cooper also wished the Officer the best
40 and urged him to keep an open mind.
41
42 Commissioner Sherar said that he saw the Officer's son
43 during the LEO Awards and that he is a very impressive young man
44 and that they all appreciate the Officer's efforts. He has been a
45 very good asset to the City, he added.
46
47 Mayor Russell said that even from his hospital bed he
48 received acknowledgement and recognition from his peers. She said
SPECIAL CITY COMMISSION 17
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that Officer Munoz made South Miami look good and that this is
the very least that they can do for him and for his family.
With no further comments or discussion, the motion to
approve this item passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Absent
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
ORDINANCE(S) FIRST READING PUBLIC HEARING(S)
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ZONING;
ESTABLISHING A MORATORIUM ON NEW APPLICATIONS FOR ALL
DEVELOPMENT ORDERS, APPROVALS AND PERMITS FOR
BUILDINGS IN EXCESS OF FOUR STORIES AND ANY AND ALL
RELATED APPLICATIONS FOR VARIANCE, SPECIAL EXCEPTIONS
OR OTHER ZONING CHANGES; PROVIDING EXCEPTIONS;
PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE. 4/5
(Commissioner Sherar)
Moved by Commissioner Sherar, seconded by Mayor Russell and
Commissioner Birts- Cooper to approve this item.
Mr. O'Donniley presented this item. Staff looked at this
very carefully, he said; generally, moratoriums are measures of
last resource. They are generally related to pending legislation,
and not plan amendments. The Planning staff is concerned because
the proposed moratorium is targeting very specific areas of the
City and they feel that there is a better approach; they feel
that this could be dealt with by special exceptions or special
use. The Planning Board, at its January 11, 2005 recommended
that the proposed moratorium not be approved, and that the
applications be handled on a case -by -case basis with conditions.
Staff suggested that the objective of the moratorium can be
accomplished by the adoption of an alternate ordinance which
would require all development applications that exceed two
stories in height to go through a "special use" process.
The Mayor opened the floor for public hearing.
SPECIAL CITY COMMISSION
MINUTES - April 9, 2005
18
1 Jay Beckman referred to the LDC, specifically regarding
2 TODD. He said that there is nothing clear about TODD and that it
3 needs to be fixed. He said that he is dealing with three
4 different projects at the present time with which he has major
5 disagreements with the City in terms of what the Code means. He
6 said that the moratorium might be helpful until the Code can be
7 fixed through the EAR process.
8
9 David Tucker Sr. urged the Commission to take a second look
10 before going ahead with this since moratoriums should be a
11 measure of last resource.
12
13 Sharon McCain questioned as to why this is coming up now
14 after all the construction downtown has taken place. She does not
15 think that this has come at the right time.
16
17 John Herron said that one person's problems with TODD may
18 actually be the flexibility, and urged to concentrate on the
19 height issue and fix it, rather than proclaiming a citywide
20 moratorium.
21
22 John Edward Smith said that the word moratorium is a stigma
23 for the City. He urged the Commission to allow the Planning Board
24 to review the recommendations from the Zoning Task Force on this
25 issue and then come back before the Commission. He urged to vote
26 no on the two moratorium items on the agenda... inaudible...
27
28 With no more speakers the public hearing was closed and the
29 Mayor announced a 3- minute break.
30
31 As the meeting reconvened, the Commission began the
32 discussion on this item.
33
34 Commissioner Sherar said that the main reason for proposing
35 these moratorium ordinances is so that they could consider the
36 referendum issue during the EAR process, which he reminded that
37 was lost by nine votes in an election in which fourteen were not
38 counted. He said that this is basically to freeze things for a
39 nine -month period while we go through the EAR process. He said
40 that when the Comp Plan was originated, the enormous growth of
41 the City was not taken into consideration. He said that this is
42 just to put everything on hold at this point in time as we go
43 through the EAR process; we are only talking about a small area;
44 we are only talking about buildings in excess of four stories
45 which is not going to have a big impact.
46
47 Commissioner Wiscombe said that he does not like the whole
48 concept of a moratorium and that he does not think is necessary.
49
SPECIAL CITY COMMISSION 19
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1 Commissioner Birts- Cooper said to concur with Commissioner
2 Wiscombe on this one and that she does not think that this is
3 right at this time.
4
5 Mayor Russell said that staff observations and
6 recommendations might be the way to approach this between now and
7 the next meeting, and if there is a better way to address this
8 for the City. She said that she does not think that a TODD MU -5
9 moratorium is the answer. She said that she would like to know
10 how the Commission feels about directing the Planning Director to
11 come back with something that accomplishes this in a similar way,
12 so that we can address the concerns that Commissioner Sherar has
13 without something as severe as a moratorium.
14
15 With no further discussion or comments the motion to approve
16 this item failed by a 1 -3 vote:
17
18 Commissioner Wiscombe: Nay
19 Commissioner Sherar: Yea
20 Vice Mayor Palmer: Absent
21 Commissioner Birts- Cooper: Nay
22 Mayor Russell: Nay
23
24
25 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ZONING;
27 ESTABLISHING A NINE -MONTH TEMPORARY MORATORIUM ON THE
28 ISSUANCE OF BUILDING PERMITS FOR BUILDINGS THAT
29 EXCEED A BUILDING HEIGHT OF TWO STORIES AND 25 FEET
30 WITHIN A DISTANCE OF 50 FEET, AND TWO STORIES AND 30
31 FEET WITHIN A DISTANCE OF 100 FEET OF A SINGLE- FAMILY
32 RESIDENTIAL ZONED PROPERTY LINE; PROVIDING
33 EXCEPTIONS; PROVIDING FOR ORDINANCES IN CONFLICT,
34 CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 4/5
35 (Commissioner Sherar)
37 Moved by Commissioner Sherar, seconded by Mayor Russell to
38 approve this item.
39
40 Mr. O'Donniley presented the item. He again explained that
41 there is a better way to address this and that is by the "special
42 use" process.
43
44 The Mayor opened the floor for public hearing.
45
46 Jay Beckman said that single- family housing is kind of a
47 sacred thing in the City. The Comp Plan says that single- family
48 districts will be protected; however, our Code does not have
SPECIAL CITY COMMISSION 20
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1 specific protection for our residential neighborhoods. He urged
2 the Commission to do something fast if they do not like the
3 moratorium ordinances.
4
5 Sharon McCain again questioned why this ordinance is coming
6 up now... inaudible...
7
8 With no further speakers, the public hearing was closed.
9
10 Commissioner Sherar said that there are only three areas of
11 town that they we would be dealing with: SW 62nd Avenue, Sunset
12 Club Apartments, and the area north of South Miami Gardens. If we
13 were to do annexation, and we get back to where we used to be,
14 that whole corridor becomes all of the sudden a big issue on this
15 matter.
16
17 Mayor Russell asked Mr. O'Donniley to delineate the existing
18 protections for residential zoning. Mr. O'Donniley said that
19 there is an existing requirement in the Code for a minimum of 25
20 ft rear setback on a residential property.
21
22 With no further discussion or comments, the motion to
23 approve this item failed by a 1 -3 vote:
24
25 Commissioner Wiscombe: Nay
26 Commissioner Sherar: Yea
27 Vice Mayor Palmer: Absent
28 Commissioner Birts- Cooper: Nay
29 Mayor Russell: Nay
30
31 At this time, Commissioner Wiscombe referred back to item
32 no. 7 on the agenda, relating to the Tennis Management Agreement.
33 He specifically referred to the `September through June" schedule
34 on page 13 saying that it is obvious that there are not three
35 courts available.
36
37 Ms. Davis said that she will get some clarification.
38
39 ORDINANCE (S) FIRST READING
40 (NONE)
41
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44 COMMISSION REMARKS
wi
46 Commissioners were afforded time for comments.
47
48 There being no further business to come before this Body,
SPECIAL CITY COMMISSION 21
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the meeting adjourned at 4:20 p.m.
Attest
Maria M. Menendez
City Clerk
SPECIAL CITY COMMISSION
MINUTES - April 9, 2005
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Approved
Mary Scott Russell
Mayor