07-19-05 Item 1aDRAFT
1 City of South Miami
2 Regular City Commission Minutes
3 June 7, 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, June 7, 2005, beginning at 7:31
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 Randy G. Wiscombe Marie Birts- Cooper and Craig Z.
15 Sherar.
16
17 Also in attendance were: City Attorney Luis Figueredo, City
18 Manager Maria V. Davis and Deputy City Clerk Nkenga Payne.
19
20 B. Invocation: The invocation was delivered in silence.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentation(s)
26
27 (None)
28
29
30 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
31
32
33 1. Minutes of April 9, 2005
34
35 Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
36 Cooper, the motion to approve the Minutes of April 9, 2005 passed
37 by a 5 -0 vote:
38
39 Commissioner Wiscombe: Yea
40 Commissioner Sherar: Yea
41 Vice Mayor Palmer: Yea
42 Commissioner Birts- Cooper: Yea
43 Mayor Russell: Yea
44
45
46
REGULAR CITY COMMISSION 1
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2. Minutes of May 3, 2005
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Palmer, the motion to approve the Minutes of May 3, 2005 passed
by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
3. Minutes of May 17, 2005
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer,
the motion to approve the Minutes of May 17, 2005 passed by a 5 -0
vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
4. City Manager's Report:
a) City's Independent Auditors Report for FY 2003 -04
Nestor Caballero, from Caballero and Castellanos, presented
the FY 2003 -04 Financial Report.' Mr. Caballero went over the
Report in detail. Copies of the Report were sent to the
Commission prior to this meeting.
b) Scheduling Budget Workshop with the City Commission.
After some discussion, the dates selected for two workshops
were:
1. Thursday, August 18, 2005, at 7:00 p.m.
2. Tuesday, August 23, 2005, at 7:00 p.m.
Ms. Davis said that she believes that one workshop might be
sufficient. Commissioner Wiscombe said that he would like to have
more than one workshop.
c) Potable Water
REGULAR CITY COMMISSION
MINUTES - June 7, 2005
2
1 Ms. Davis explained that the Governor recently vetoed the
2 million dollars that were appropriated for potable water;
3 however, through the efforts of Mayor Russell and Representative
4 Julio Robaina, we were able to get the funds back through the
5 South Florida Management District, so we will be proceeding with
6 the potable water program.
7
8 With no further comments or discussion, the City Manager's
9 Report concluded
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11 3. City Attorney's Report
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13 Mr. Figueredo stated that they had no additional information
14 to report this evening.
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16
17 PUBLIC REMARKS
18 (5- minute limit)
19
20 David Tucker Sr. addressed the Commission in his usual,
21 eloquent style, regarding the efforts of the military in order to
22 defend our freedom.
23
24 R. Hemingway ...inaudible...
25
26 Bob Welsh referred to the group of recreational enthusiasts
27 that came to the Planning Board meeting last Tuesday to talk
28 about the inclusion of the boat ordinance in the RV ordinance. He
29 then referred to the new wave of graffiti on vehicles along Manor
30 Lane and SW 63rd Court
31
32 Brad Coule again addressed the Commission regarding the
33 issue of the proposed catch basin to be installed in front of his
34 property... inaudible...
35
36 Michael Davis spoke regarding Agenda Item No. 11 relating to
37 the trash ordinance urging the Commission not to pass the
38 ordinance because it will result in the increase of trash piles
39 throughout the City.
40
41 Cal Rosenbaum referred to the issue of a lawsuit he filed
42 against the City sometime ago due to violation of the parking
43 code by the City. He said that he will be filing an appellate
44 brief this week.
45
46 Linda Reynolds also spoke on Agenda Item No. 11, expressing
47 concern on the impact of this ordinance with respect to the trash
48 issues that she already has in her condominium building.
49
REGULAR CITY COMMISSION 3
MINUTES - June 7, 2005
1 Sharon McCain referred to the trash issue saying that the
2 code should be enforced equally.
3
4 With no more speakers the public remarks section was closed.
5
6
7 At this point Commissioner Wiscombe pulled item 4 (now
8 no. 12) . Vice Mayor Palmer requested to switch item nos. 9 & 10
9 (now nos. 8 & 9 respectively)
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11
12
CONSENT
13
14
72 -05 -12051
15
4.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
16
CITY OF SOUTH MIAMI, FLORIDA, APPROVING EMERGENCY ROOF
17
REPAIR FOR THE POLICE DEPARTMENT BUILDING IN AN AMOUNT
18
OF $6,500 CHARGED TO GENERAL CONTINGENCY ACCOUNT NUMBER
19
001 -2100- 519 -9920; PROVIDING AN EFFECTIVE DATE. 3/5
20
(City Manager)
21
22
73 -05 -12052
23
5.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
24
THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
25
MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE
26
CITY OF MIAMI BEACH POLICE DEPARTMENT FOR GENERAL AND
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SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY
28
OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION
29
23.1225 (3), FLORIDA STATUES; AND PROVIDING FOR AN
30
EFFECTIVE DATE. 3/5
31
(City Manager)
32
33
74 -05 -12053
34
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
35
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
36
MANAGER TO ENTER INTO A CONTRACT WITH FIREPOWER
37
DISPLAYS UNLIMITED, INC. FOR THE ANNUAL JULY 4TH
38
FIREWORKS DISPLAY FOR A TOTAL PRICE OF $9,000.00, WITH
39
DISBURSEMENT FROM THE PARKS AND RECREATION DEPARTMENT
40
4TH OF JULY FIREWORKS ACCOUNT NUMBER 001 - 2000 - 572 -4820;
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PROVIDING FOR AN EFFECTIVE DATE. 3/5
42
(City Manager)
43
44
75 -05 -12054
45
7.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
47
FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $4,021.31;
REGULAR
CITY COMMISSION 4
MINUTES
- June 7, 2005
1 CHARGING ACCOUNT NO. 2100 - 519 -3440, CONSULTANT LABOR
2 ATTORNEY; PROVIDING FOR AN EFFECTIVE DATE. 3/5
3 (City Attorney)
4
5 Moved by Commissioner Wiscombe, seconded by Commissioner
6 Sherar, the motion to approve the Consent Agenda passed by a 4 -0
7 vote:
8
9 Commissioner Wiscombe: Yea
10 Commissioner Sherar: Yea
11 Vice Mayor Palmer: Yea
12 Commissioner Birts- Cooper: Yea
13 Mayor Russell: Out of room
14
15
16 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
17
18 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
20 APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND THE
21 YMCA OF GREATER MIAMI, INC., FOR THE LEASE BY THE YMCA
22 OF THE RECREATIONAL FACILITIES LOCATED AT 4300 SW 58"
23 AVENUE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
24 CONFLICT, AND AN EFFECTIVE DATE. 4/5
25 (City Manager)
26
27 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
28 to approve this item.
29
30 Ms. Davis gave a brief overview of the lease agreement
31 between the YMCA and the City in the event that we purchase the
32 property.
33
34 At this time the Mayor opened the floor for public hearing.
35
36 Jay Beckman said that he has been a resident of the City
37 since he was very young, and during all the years that he has
38 known the "Y it has not been in a very good shape and not well
39 utilized. He said that this is an opportunity to take that
40 property and use it to the fullest. He urged the Commission not
41 to let this opportunity slip away. A partnership with the "Y" is
42 a good thing and is good to have it in the community.
43
44 David Tucker Sr. spoke on the recreational aspect of the
45 program. He said that this is an outstanding opportunity for the
46 City from the recreational program perspective.
47
REGULAR CITY COMMISSION 5
MINUTES - June 7, 2005
1 Cal Rosenbaum urged the Commission to vote unanimously for
2 the lease and for the acquisition of the property. He said that
3 as a youngster he was active with the "Y" where he learned so
4 many things. This is a great opportunity and something that the
5 City needs.
6
7 Janet Launcelott spoke in favor of this purchase ...inaudible...
8
9 Dick Ward also spoke in favor of this purchase, saying that
10 it will be beneficial to the City. He then was provided with
11 clarification by Ms. Davis as to some points of the agreement.
12
13 Sharon McCain said that she does not think that this is a
14 good deal for the City, particularly with respect to the
15 maintenance cost. She also expressed concern about the length of
16 the lease if extended to ninety -nine years.
17
18 With respect to the ninety -nine year term issue, Ms. Davis
19 said, for the record, that the only thing that she negotiated was
20 that she would bring it before the Commission to see if the
21 Commission wishes to put it on the ballot.
22
23 Beth Schwartz spoke in favor of the "Y" saying that this is
24 an unbelievable opportunity for the citizens of South Miami. She
25 also said that the deal which has been negotiated by the City
26 Manager looks very good.
27
28 Mr. Sanchez then explained that the fees of the various
29 programs may range between $50 -$120; and for childcare or summer
30 camp, it could be in the neighborhood of close to $1,000 for the
31 entire summer. All with a ten percent discount for the residents.
32 Mr. Sanchez then reiterated the importance of a long -term lease
33 on the part of the YMCA.
34
35 With respect to Mayor Russell's question as to what is the
36 YMCA's policy on equity in sports, Mr. Sanchez responded that for
37 over the past one hundred years the "Y" has been open to both
38 males and females.
39
40 Commissioner Sherar inquired about operating expenses and
41 maintenance of the fields to which Mr. Ricke responded.
42
43 Commissioner Wiscombe asked what would happen if the
44 referendum concerning the extension of the fifty -year lease term
45 does not pass. Mr. Figueredo said that the YMCA understands that
46 our City Charter only permits the fifty -year Lease. However, all
47 we could present was an agreement to ask for a Charter change.
48 There is absolutely no obligation to go beyond fifty years and
49 they understand that.
REGULAR CITY COMMISSION 6
MINUTES — June 7, 2005
1 As clarification on another question by Commissioner
2 Wiscombe, Mr. Figueredo explained that essentially, the way the
3 lease agreement works is that the City has primary responsibility
4 for the fields and the YMCA has primary responsibility for the
5 community center; nothing changes in terms of our relationship
6 and how the programming would be done, it will be controlled by
7 the lease agreement.
8
9 Vice Mayor Palmer said that this is a great opportunity and
10 she thanked the entire staff for having worked on it; however,
11 she said that she had spoken to staff about some concerns that
12 she has with respect to the language in the lease regarding a
13 Charter change relating to the lease term. She said that she
14 believes that we should abide by what the Charter mandates, and
15 at the end of fifty years the City may renew the lease if so
16 chooses.
17
18 Mr. Figueredo explained that the language does not subject
19 the City to any contractual obligation. That language has been
20 clearly crafted to provide that any extension would be done
21 pursuant to the Charter, and the Charter controls. Therefore, we
22 are not violating the Charter because we are acknowledging that
23 the Charter only permits fifty years and that is all that we can
24 commit to.
25
26 Commissioner Sherar spoke on the positive impact of this
27 acquisition in terms of the green space concurrency that the City
28 needs.
29
30 Commissioner Wiscombe reiterated that even though he is one
31 hundred percent for this purchase, he is also uncomfortable with
32 the language of the term of the agreement and he moved to defer
33 the item. Vice Mayor Palmer seconded the motion requesting to
34 defer the item to the first meeting in July.
35
36 Commissioner Sherar requested if this deferral would have
37 any impact on the recently approved commercial developments. Ms.
38 Davis said that she does not believe that it would have an impact
39 on the Bank or the Codina projects; however, it would have an
40 impact on the YMCA. Mr. Sanchez explained that they have agreed
41 to make certain improvements to the property and these
42 improvements are contingent to using some of the proceeds from
43 the sale. In order to meet the timetable for the City to start
44 using the fields, it would be advantageous to do the projected
45 improvements during the summer months where there is very little
46 use of the `°Y" other than summer camp.
47
48 After the discussion, the motion to defer this item until
49 the first meeting in July failed by a 2 -3 vote:
50
REGULAR CITY COMMISSION 7
MINUTES - June 7, 2005
1 Commissioner Wiscombe: Yea
2 Commissioner Sherar: Nay
3 Vice Mayor Palmer: Yea
4 Commissioner Birts- Cooper: Nay
5 Mayor Russell: Nay
6
7 Moved by Commissioner Wiscombe, seconded by Commissioner
8 Sherar, the motion to defer this item until the next meeting
9 passed by a 4 -1 vote.
10
11 Commissioner Wiscombe: Yea
12 Commissioner Sherar: Yea
13 Vice Mayor Palmer: Nay
14 Commissioner Birts- Cooper: Yea
15 Mayor Russell Yea
16
17
18 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL
20 PROPERTY; AUTHORIZING THE PURCHASE OF THE PROPERTY
21 LOCATED AT 4300 SW 58TH AVENUE CONSISTING OF A
22 RECREATION CENTER AND ADMINISTRATIVE OFFICE BUILDING,
23 BASKETBALL COURTS, A RACQUETBALL COURT, SWIMMING POOL,
24 AND APPROXIMATELY 7 ACRES OF OPEN FIELD SPACE, WITH
25 DEPT SERVICE CHARGED TO THE NON- DEPARTMENTAL DEBT
26 SERVICE - YMCA ACCOUNT CODE 001.2100.519.9927,
27 AUTHORIZING THE CITY TO ACCEPT THE DEED TO THE PROPERTY
28 UPON CLOSING AND REQUESTING TAX EXEMPTION OF THE
29 PROPERTY; PROVIDING FOR SEVERABILITY, ORDINANCES IN
30 CONFLICT, AND AN EFFECTIVE DATE. 4/5
31 (City Manager)
32
33 Moved by Commissioner Wiscombe, seconded by Vice Mayor
34 Palmer and Commissioner Birts - Cooper, the motion to defer this
35 item to the next meeting passed by a 4 -0 vote:
36
37 Commissioner Wiscombe: Yea
38 Commissioner Sherar: Out of room
39 Vice Mayor Palmer: Yea
40 Commissioner Birts- Cooper: Yea
41 Mayor Russell: Yea
42
43
44 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
45 CITY OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE
46 CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY REVISING
47 CHAPTER 11 (GARBAGE a TRASH), SECTION 11 -21(B) ENTITLED
48 "EXTENT OF SERVICE AND POINTS OF COLLECTION - DOMESTIC
REGULAR CITY COMMISSION 8
MINUTES - June 7, 2005
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TRASH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN AND YARD
CLIPPINGS AT THE CURB FOR COLLECTION MORE THAN TWENTY -
FOUR (24) HOURS PRIOR TO THE SCHEDULED PICKUP DAY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Deferred 5/17/05)
(Commissioners Sherar and Wiscombe)
Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
Cooper to approve this item.
After Ms. Davis introduced the item, the Mayor ,opened the
floor for public hearing.
Sharon McCain thanked the Commissioners for sponsoring this
ordinance; however, she said that not everybody will equally
benefit from it. She said that some yard clippings will be fine,
but the problem is with boxes and other trash which will attract
the attention of Code Enforcement. She said that the solution
would be to either allow it seven days a week for the yard work,
or have the City buy each resident a second garbage can at no
charge.
Bob Welsh said that when he contacted his neighbors on this
issue the overwhelming response was that they need to work on
their garden on weekends since that is the only time they have.
He then proposed to incorporate some provisions limiting the
height and diameter, depending on how many days before to pick
up. He also proposed to provide a variable grace period depending
on how far is the area from the pick -up day.
Beth Schwartz said that she agrees with the majority of the
people with the idea of putting yard clippings out seven days a
week since that is biodegradable ... inaudible...
Jay Beckman said that for a long time he built modern land
fields and they are incredibly expensive to build, one of the
reasons being that they must comply with Federal Law. He spoke on
the different systems that he knows.
With no more speakers the public hearing was closed.
Commissioner Wiscombe said that the intent is not to impose
restrictions on people that like to work on the yard.
Commissioner Sherar said that the only thing that has been
included on the extension is grass, hedge clippings, leaves,
branches and vines; for everything else is twenty -four hours.
REGULAR CITY COMMISSION
MINUTES - June 7, 2005
0
1 Commissioner Birts- Cooper said that everybody should be able
2 to work in their yard whenever they feel like. She said that she
3 has a second trash can and it works great for her. She said that
4 they do need the seven days; she also said that we could do
5 something when it comes to the furniture; she said that she
6 thinks that we need to call the City to pick it up so that it
7 will not sit there for a week or longer.
8
9 Ms. Davis said that they have to follow the schedule for
10 pick up because if they start jumping around because of the
11 calls, they will not get anything done.
12
13 Commissioner Birts- Cooper said that she has a "rain forest"
14 in the back yard and that she sympathizes with everybody and that
15 she would like to see the seven days.
16
17 Vice Mayor Palmer said that we will be opening "a can of
18 worms" and we are not going to have enough cans to put them in.
19 She then said that she wished to commend Public Works for the way
20 they are handling the situation right now. She said that anyone
21 that says that the City looks "trashy" they must be in another
22 place, not in South Miami, because ' as far as she knows the City
23 is clean. She said that she believes that we are going to have
24 problems with the seven days, and besides, not everybody is going
25 to be happy no matter what we do.
26
27 Mayor Russell said that we went through this a couple of
28 years ago. She said that the problem with the yard clippings is
29 not such an issue; the problem is that they do attract people
30 driving by and throwing trash on top of the piles. It is a magnet
31 for debris. She said that we offer outstanding services already
32 that are included in the tax base She explained that when this
33 ordinance came up for first reading that she could not support it
34 at second reading unless the Manager could rework the Public
35 Works pick -up schedule to get all their pick -ups done on Mondays
36 and Tuesdays so that her neighbors won't have to look at her
37 piles from Saturday to Wednesday. She said that she is not
38 comfortable with the ordinance as it is written; she said that
39 she knows from experience that these piles attract people
40 throwing things over and that it will attract more people to
41 South Miami to dump their clippings. Her concern is that we are
42 going to find ourselves back where we were with unsightly piles
43 everywhere.
44
45 Commissioner Sherar then moved to add to the proposed
46 ordinance: Section 5. This ordinance shall be re- evaluated by the
47 Commission within eight months after its adoption. Seconded by
48 Commissioner Wiscombe, the motion to approve this amendment
49 failed by a 2 -3 vote:
50
REGULAR CITY COMMISSION 10
MINUTES - June 7, 2005
1
Commissioner Wiscombe:
Yea
2
Commissioner Sherar:
Yea
3
Vice Mayor Palmer:
Nay
4
Commissioner Birts- Cooper:
Nay
5
Mayor Russell:
Nay
6
7
Commissioner Sherar then moved for an amendment
on line 38,
8
page one of the proposed ordinance to strike ",tea
and to put
9
in 7 days. Seconded by Commissioner Wiscombe,
the
motion to
10
approve this amendment passed by a 3 -2 vote:
11
12
Commissioner Wiscombe:
Yea
13
Commissioner Sherar:
Yea
14
Vice Mayor Palmer:
Nay
15
Commissioner Birts- Cooper:
Yea
16
Mayor Russell:
Nay
17
18
Moved by Commissioner Wiscombe, seconded
by Commissioner
19
Sherar, the motion to defer this item passed by a
4 -1
vote:
20
21
Commissioner Wiscombe:
Yea
22
Commissioner Sherar:
Yea
23
Vice Mayor Palmer:
Nay
24
Commissioner Birts- Cooper:
Yea
25
Mayor Russell:
Yea
26
27
The above motions to defer were withdrawn.
A third reading
28
is required by the City Charter when an ordinance is
"materially
29
amended upon the second reading." (Art. II, Sec.6B3])
30
31
With no further comments or discussion,
the
motion to
32 approve this item as amended passed by a 3 -2 vote:
33
34 Commissioner Wiscombe: Yea
35 Commissioner Sherar: Yea
36 Vice Mayor Palmer: Nay
37 Commissioner Birts - Cooper: Yea
38 Mayor Russell: Nay
39
40 RESOLUTION (S) /PUBLIC HEARING (S)
41
42 76 -05 -12055
43 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
44 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
45 SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE
46 FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
REGULAR CITY COMMISSION 1 1
MINUTES - June 7, 2005
1 RESTAURANT IN THE "SR (HD -OV)" SPECIALTY RETAIL
2 HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY
3 LOCATED AT 7301 SW 57th COURT; PROVIDING FOR AN
4 EFFECTIVE DATE. (Deferred 513105 & 5/17/05) 4/5
5 (City Manager)
6
7 Moved by Commissioner Wiscombe, seconded by Vice Mayor
8 Palmer to approve this item.
10 Mr. O'Donniley presented the item. He explained that the
11 applicant's original request was for approval of two restaurants.
12 The present request is just for one restaurant, so the applicant
13 has revised the request to reflect the parking that is available,
14 and they now have surplus parking at this point. He then referred
15 to another issue which was raised at the previous meeting where
16 this item was discussed, and it was related to whether the arcade
17 was appropriately,placed. Mr. O'Donniley said that the Commission
18 was provided with a large copy of the regulation plan. After
19 reviewing that plan carefully, he continued, and also after going
20 through it with the applicant, he said that he is convinced that
21 they are in compliance. He then went over the staff's report
22 which provides in details analysis and special conditions
23 applicable, including recommendation from the Planning Department
24 and the Planning Board.
25
26 Mr. Recio, representing the applicant, was also afforded
27 time to present the request. He concluded by urging the
28 Commission to approve the application.
The Mayor opened the floor for public hearing. Speakers were
sworn in earlier.
Cal Rosenbaum said that when the Commission approved this
building they did a great service to the downtown area. This
means that South Miami is pedestrian, restaurant and people
friendly, and urged the Commission to approve this item.
David Tucker Sr. had two questions. One was related to the
grease traps which he said could present possible hygienic
problems unless there is specific designated care and policing of
the situation. He also referred to the need for mop racks since
wet mops, he said, cause severe hygienic problems when they are
unventilated.
Sharon McCain said that she did not have any problems with
this application.
Vice Mayor Palmer said that after all the adjustments that
have been made, the applicant is in good shape now and that she
hopes that it works well for them.
REGULAR CITY COMMISSION 12
MINUTES - June 7, 2005
1
2 Commissioner Sherar said that he had a problem with the
3 diagram depicting the location of the dumpsters. Mr. O'Donniley
4 said that compliance with plans has not been checked yet; they'll
5 have to supply the plans to the Building Department before final
6 approval. Mr. Recio then clarified for the Commissioner the issue
7 he had with the arcade as presented on the plans.
8
9 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer,
10 the motion to extend the meeting until 11:30 p.m. passed by a 5 -0
11 vote:
12
13 Commissioner Wiscombe: Yea
14 Commissioner Sherar: Yea
15 Vice Mayor Palmer: Yea
16 Commissioner Birts- Cooper: Yea
17 Mayor Russell: Yea
18
19 With no further discussion or comments, the motion to
20 approve this item passed by a 5 -0 vote:
21
22 Commissioner Wiscombe: Yea
23 Commissioner Sherar: Yea
24 Vice Mayor Palmer: Yea
25 Commissioner Birts- Cooper: Yea
26 Mayor Russell: Yea
27
28 RESOLUTION (S)
29
30 77 -05 -12056
31 12. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
32 THE CITY OF SOUTH MIAMI, FLORIDA... AUTHORIZING THE CITY
33 MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS
34 FOR THE POLICE DEPARTMENT TO PURCHASE ONE (1)
35 PATROL /NARCOTICS K -9 NOT TO EXCEED A COST OF $8,000.00
36 FROM POLICE SERVICE DOGS, INC. FROM ACCOUNT 001 -1910-
37 521- 6430 (OPERATING EQUIPMENT); PROVIDING FOR AN
38 EFFECTIVE DATE. 3/5
39 (City Manager)
40
41 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
42 to approve this item.
43
44 Commissioner Wiscombe pulled this item for clarification but
45 realized that this purchase is in the budget under the above -
46 referenced account; therefore, he said that he does not have a
47 problem with it.
REGULAR CITY COMMISSION 13
MINUTES - June 7, 2005
1
2 With no further discussion or comments, the motion to
3 approve this item 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 ORDINANCE (S) FIRST READING PUBLIC HEARING(S)
13
14 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
15 CITY OF 'SOUTH MIAMI, FLORIDA, RELATED TO THE PLANNING
16 BOARD BY AMENDING SECTION 20 -6.1 (B)(1)(b) OF THE SOUTH
17 MIAMI LAND DEVELOPMENT CODE IN ORDER TO PROVIDE FOR
18 STAGGERED APPOINTMENT TERMS FOR PLANNING BOARD MEMBERS;
19 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
20 PROVIDING AN EFFECTIVE DATE. 3/5
21 (Mayor Russell)
22
23 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
24 to approve this item.
25
26 Public hearing was opened.
27
28 Sharon McCain said that this is a good idea. This is a
29 probably the most important board in the City, she said, and that
30 she hopes that appointees have the necessary background education
31 that this board demands.
32
33 With no further discussion or comments, the motion to
34 approve this item passed by a 5 -0 vote:
35
36 Commissioner Wiscombe: Yea
37 Commissioner Sherar: Yea
38 Vice Mayor Palmer: Yea
39 Commissioner Birts- Cooper: Yea
40 Mayor Russell: Yea
41
42
43 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
44 CITY OF SOUTH 'MIAMI, FLORIDA AMENDING THE DEVELOPMENT
45 AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 12 -05 -1834
46 WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A PLANNED
47 UNIT DEVELOPMENT- MIXED USE PROJECT KNOWN AS RED ROAD
48 COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW
REGULAR CITY COMMISSION 14
MINUTES - June 7, 2005
1 68 STREET; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE
2 THE ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK
3 AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AND
4 AMENDING THE DATE FOR PAYMENT; PROVIDING FOR
5 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
6 PROVIDING AN EFFECTIVE DATE. 4/5
7 (City Manager)
8
9 Moved by Commissioner Sherar, seconded by Commissioner
10 Wiscombe to approve this item.
11
12 Ms. Davis said that this simply an amendment to the existing
13 agreement for Red Road Commons which dictates the terms of
14 payment for concurrency.
15
16 At this point Mr. Figueredo sworn in speakers.
17
18 Mr. Proctor said that they are in support of the ordinance
19 and congratulated the City in moving so quickly.
20
21 Public hearing was closed with no further speakers.
22
23 Mr. O'Donniley clarified for Vice Mayor Palmer that the
24 final survey came in and the size of the property of the "Y" is
25 different from the tax assessor's report of 9.6, whereas the
26 survey shows almost a 10, so their share of the total is slightly
27 less than what we originally thought.
28
29 With no further discussion or comments, the motion to
30 approve this item passed by a 5 -0 vote:
31
32 Commissioner Wiscombe: Yea
33 Commissioner Sherar: Yea
34 Vice Mayor Palmer: Yea
35 Commissioner Birts- Cooper: Yea
36 Mayor Russell: Yea
37
38
39 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
40 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT
41 AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 05 -05 -1827
42 WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A UNIFIED
43 DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" LOCATED
44 GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS
45 LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE
46 EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS
47 SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
48 PLAT BOOK -3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -
49 DADE COUNTY THE PURPOSE OF THE AMENDMENT IS TO
REGULAR CITY COMMISSION 15
MINUTES - June 7, 2005
1 AUTHORIZE THE ADMINISTRATION TO PROVIDE A SPECIFIC
2 AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO
3 THE CITY, AMENDING THE DATE FOR PAYMENT, AND ADJUSTING
4 THE PHASING OF THE DEVELOPMENT; PROVIDING FOR
5 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
6 PROVIDING AN EFFECTIVE DATE. 4/5
7 (City Manager)
8
9 Moved by Commissioner Sherar, seconded by Commissioner
10 Wiscombe to approve this item.
11
12 Mr. O'Donniley presented the item. He referred to the
13 amendment shown on the staff's report, explaining the reason for
14 the changes. He said that the applicant estimates that this
15 amendment will allow them to reduce overall construction time by
16 as much as four months or more. Therefore, not only would this
17 amendment provide more parking downtown sooner, but it would also
18 reduce the amount of time that those two blocks are in a state of
19 disruption. The second amendment pertains to the donation of one
20 lump sum as their responsibility for meeting park and recreation
21 concurrency.
22
23 With no further discussion or comments, the motion to
24 approve this item passed by a 5 -0 vote:
25
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 (S) FIRST READING
33
34 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
35 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
36 MANAGER TO SIGN A THREE YEAR CONTRACT WITH VERIZON
37 WIRELESS AS THE POLICE DEPARTMENTS WIRELESS DATA
38 SERVICE PROVIDER, GENERATING ESTIMATED SAVINGS OF
39 $19,521 DURING THE TERM OF THE CONTRACT; AND PROVIDING
40 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
41 AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
42 (City Manager)
43
44 Moved by Commissioner Sherar, seconded by Commissioner
45 Wiscombe to approve this item.
46
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MINUTES - June 7, 2005
1 Ms. Davis explained that this is a simple contract that
2 requires two readings of an ordinance because our Charter
3 requires that any multi -year contract be approved by ordinance.
4
5 With no further discussion or comments, the motion to
6 approve this item passed by a 5 -0 vote:
7
8 Commissioner Wiscombe: Yea
9 Commissioner Sherar: Yea
10 vice Mayor Palmer: Yea
11 Commissioner Birts- Cooper: Yea
12 Mayor Russell: Yea
13
14 4
15 COMMISSION REMARKS
16
17
18 There being no further business to come before this Body,
19 the meeting was adjourned at 11:19 p.m.
20
21 Approved
22 Attest
23
24
25 Maria M. Menendez Mary Scott Russell
26 City Clerk Mayor
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MINUTES - June 7, 2005