04-06-04 Item 1a1 City of South Miami
2 Regular City Commission Minutes
3 March 2, 2004
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, March 2, 2004, beginning at 7: 30
9 p.m_, in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor Mary Scott Russell, Vice Mayor Palmer and Commissioners
14 Randy G. Wiscombe, Marie Birts- Cooper and Craig Z. Sherar.
15
16 Also in attendance were: City Manager Maria V. Davis, City
17 Attorney Eve Boutsis and Acting City Clerk Maria M. Menendez.
18
19 B. Invocation:
20 Invocation was delivered by Rev. Greg Gay.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentation(s) 7:00 p.m.
2.6
27 (1) Red /Sunset Merchants Assn. & South Miami Rotary Club
28 presentation of poster by Subrata Basu to the Commission.
29
30 Ms. Susan Redding representing the Red /Sunset Merchants
31 Association started by recognizing Commissioner Birts- Cooper who
32 spent several hours at their poster booth in the recently held
33 20th Annual Arts and Crafts Festival for South Miami. Ms. Redding
34 presented a beautiful poster by Subrata Basu and courtesy of the
35 above associations. She then introduced Mike Newman, President
36 of the Rotary Club of South Miami. Mr. Newman thanked the
37 Commission for their participation and co- sponsorship of the 20th
38 Annual Arts and Crafts Festival. He explained that through the
39 years the Rotary Club has given two to three full scholarships
40 of $2,000 each to South Miami Senior High students to attend
41 Miami -Dade Collage. They also provided the first training of the
42 DARE program for police officers.
43
44 At approximately 7:10 the presentations concluded and Mayor
45 Russell adjourned until 7:30 p.m. to start the regular meeting.
46
REGULAR CITY COMMISSION 1
MINUTES - March 2, 2004
1 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
2
3 Approval of Minutes - February 17, 2004
4
5 Moved by Commissioner Wiscombe, seconded by Commissioner
6 Sherar, the motion to approve the minutes 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
15 2. City Manager's Report
16
17 Report on the following items:
18
19 a) Presentation of the 2003 -04 FY first quarter
20 financial update
21
22 Ms. Davis explained that at the Mayor's request, staff will
23 be presenting a quarterly budget report to the Commission and to
24 the community. She said that given the financial situation over
25 the last year or two it is important to publicly identify the
26 revenue and expenditures for each quarter. The revenues collected
27 for the first quarter of the fiscal year 2003 -04, from September
28 1, 2003 through December 30, 2003 are 46.20% and the expenditures
29 for this quarter are 23.45 %. She explained that the revenues are
30 high at this point because our Ad Valorem taxes come in at this
31 time of the year. Ms. Davis and Mr. Oshikoya went on to explain
32 the report in detail, and Mayor Russell directed staff to have
33 copies ready for anyone wishing to review it.
34
35 b) Bus benches
36
37 Ms. Davis said that due to the visual pollution on the
38 benches, the Commission had requested at the last meeting to
39 present a report on the bus benches. Upon reviewing the agreement
40 with the company, she said that we have approximately 34 benches
41 which provide advertising. There are a total of 84 bus benches
42 placed throughout the City. The revenue from the bus benches
43 advertisement is approximately $7,500 per year. It is a 5 -year
44 contract but we can cancel it with a 90 -day notice without cost,
45 and with a 30 -day notice with cost. Ms. Davis then said that she
46 would take the direction of the Commission. If we are to replace
47 the bus benches, decorative benches cost about $1,000 a piece.
48 She also said that right now there are two bus benches in each
49 stop where there really should be only one.
REGULAR CITY COMMISSION 2
MINUTES - March 2, 2004
1 Mayor Russell recommended to have only one bus bench in each
2 stop; secondly, to use the revenue to begin purchasing our own
3 City furniture.
4
5 Commissioner Wiscombe concurred with the Mayor and said that
6 he would like to see the type of benches we have downtown which
7 is the metal benches with the green coat, in order to have a
8 consistent look throughout the City. These are more durable
9 Commissioner Wiscombe added.
10
11 Commissioner Sherar said that there should be covered bus
12 stop benches across from the senior's Center. He also said that
13 he would like to make sure that the bus benches that we have are
14 in accordance with the agreement.
15
16 c) Condition of playground equipment and surfaces
17
18 Ms. Davis said that staff conducts a thorough inspection on
19 a monthly basis of all the parks. The surfaces such as sand and
20 mulch were all replenished in October 2003 and that there are two
21 playgrounds that do not have swings, Palmer and Murray Parks.
22
23 Mayor Russell said that at the next meeting she wants a
24 thorough analysis that will include the maintenance status of
25 each park in the City.
26
27 Commissioner Wiscombe then referred to the wooden bleachers
28 at Marshal Williamson Park which are in a deteriorating condition
29 and people are exposed to get a splinter, therefore the wood
30 needs to be replaced.
31
32 Commissioner Sherar referred to Murray Park and asked staff
33 whether the recycled tires type of mulch is being looked into.
34 Mr. Ricke said that we have rubberized surfacing at part of Fuchs
35 Park and at Marshal Williamson Park. He explained that this type
36 of mulch tends to be messier than the regular mulch where the wax
37 color of the rubber can stain people's clothes. Mr. Ricke also
38 said that the bathrooms at Fuchs Park are open seven days a week.
39
40 d) Staffing the Multipurpose Center and the After -
41 School Program
42
43 Ms. Davis said that in response to certain public remarks at
44 the last Commission meeting in reference to programs that might
45 not have adequate staff, a research was conducted and no program
46 was found to be under staffed. She explained that the Recreation
47 Department has been restructured, and seven full -time positions
48 have been converted into thirty -eight part -time positions. She
49 explained that at the Multipurpose Center, for instance, there
50 are three full -time supervisors, one part -time supervisor and
REGULAR CITY COMMISSION 3
MINUTES - March 2, 2004
1 fifteen part -time positions to cover that facility, sixteen hours
2 a day, six days a week. The majority of that staff is available
3 during the after - school hours and provides hands -on programming
4 and supervision for after - school activities. That staff is also
5 supplemented by approximately eight college student tutors for
6 the after - school program. Therefore, she said she would be happy
7 to sit down with anyone who may think that there is a problem.
8 She then announced that there will be fifteen part -time positions
9 available in the summer and staff is looking into the community
10 to fill them.
11
12 Commissioner Birts- Cooper said that per her observations of
13 the after - school program recently, she found that there is lack
14 of space. She also indicated that the kids need the computers
15 back, and not closed down at 5:00 p.m. She said that kids used
16 to have access to the computers at all times and now they do not.
17 Mr. Ricke explained that staff is looking for an instructor to
18 work with the kids after 5:00 p.m. He said that the kids do need
19 supervision particularly with the access to the web.
20 Commissioner Birts- Cooper then asked what was wrong with the
21 previous computers, and Mr. Ricke explained that the problem with
22 the other computers had to do with their network capabilities.
23 Commissioner Wiscombe said that there are ways to restrict
24 certain websites so that there is no need to supervise every move
25 while the students are working at the computers. He also said
26 that students usually need approximately three hours when doing a
27 research so he would like to see the computer room open at least
28 until 8:00 p.m. Mr. Ricke said that he is in contact with the
29 CAA, looking for students who can volunteer in helping with the
30 after - school program. Commissioner Wiscombe also suggested
31 checking with the University of Miami and seeing whether students
32 working with their computer programming could do their internship
33 at the Multipurpose Center. Vice Mayor Palmer asked who was
34 responsible for supervising the children with the computers in
35 the past, and Mr. Ricke said that supervision used to be provided
36 by staff. She then suggested that it may be a good idea to train
37 some people from our own staff for the purpose of helping the
38 children. Mayor Russell said that it is true that the students
39 need more time at the computers, the Center is equipped with
40 state -of- the -art computers and we are all working to see the
41 program rolling. Mr. Ricke said that one of the components they
42 are waiting on is the networking to be implemented. Commissioner
43 Sherar said that he is willing to donate the computers he has
44 replaced in his office, and Mr. Ricke said that they will
45 certainly find some students in the program that can use them.
46 Mayor Russell then urged everyone who might have a computer which
47 they wish to donate to drop it off at Parks and Recreation.
48 Commissioner Birts- Cooper then asked whether the after - school
49 program will ever go back to the original location, and Mr. Ricke
50 said that it will stay at the Multipurpose Center. She said that
REGULAR CITY COMMISSION 4
MINUTES - March 2, 2004
1 there is not enough room there, but Mr. Ricke said that they have
2 set up a rotational system in such a way that the whole facility
3 is being utilized. He also explained that as soon as the Phase I
4 building become available, the program will have more room to
5 expand. Commissioner Birts- Cooper said that she would like to see
6 that we make a commitment to our children, which is very much
7 needed. She said that from what she observed, these students
8 want to do their homework and they seem very serious about it.
9
10 Ms. Davis said that she concurs with the Commissioner Birts-
11 Cooper about the importance of the after - school program;
12 therefore, she asked the Commissioner what she would recommend to
13 further improve the program. Commissioner Birts- Cooper said that
14 she would like to see a larger space, and said that the room that
15 the students used before was larger and had more of a classroom
16 atmosphere. Mr. Ricke said that when the computer room is
17 completely functional there will be more homework capabilities.
18 Vice Mayor Palmer asked Ms. Davis whether a timetable could be
19 set to have the network done. Ms. Davis said that she intends to
20 put as much pressure as possible with the IT personnel in order
21 to get the network done. Commissioner Wiscombe then said that
22 perhaps he, together with Vice Mayor Palmer, could contribute
23 with their expertise in education and work with Mr. Ricke in
24 doing an assessment of the program. Commissioner Wiscombe also
25 referred to the concession stand in Phase I, and suggested that
26 more nutritious snacks are offered to the kids, rather than junk
27 food. Commissioner Sherar then suggested asking the School Board
28 for help with our after - school program, and Mr. Ricke explained
29 that he will be working with the School Board and the City is
30 presently applying for a grant for the summer program.
31 Commissioner Sherar then suggested looking into spaces that might
32 be available at the area churches. Mayor Russell said that
33 sending our staff to another location will then leave the
34 existing location inadequately staffed. Commissioner Wiscombe
35 said that we need to be cautious in sending our staff to other
36 locations where we do not have control, particularly in this time
37 and age. He then said that he would not ask the School System
38 for too much since they cannot take care of themselves right now.
39 He then suggested looking into some endowments or grants so that
40 we can get more computers. He mentioned Dell, Gateway and Apple
41 among others, they all donate to public facilities, Commissioner
42 Wiscombe added.
43
44 e) Lighting the Metrorail /Manor Lane area
45
46 Ms. Davis referred to comments at the last Commission
47 meeting with regard to crime under the Metrorail, and with
48 suggestions for lighting. She said that the Police Department is
49 already pursuing this with the County, since we are having
50 problems particularly around the Red Road area and especially
REGULAR CITY COMMISSION 5
MINUTES - March 2, 2004
1 with the kids at Sunset Place. We are requesting the lighting
2 underneath the Metrorail, from SW 57th Avenue to SW 80th Street.
3
4 f) Automatic garbage system as it relates to
5 condominiums
6
7 Ms. Davis said that this concern expressed at one of the
8 last Commission meetings was also investigated and no problems
9 were found.
10
11 g) Update on a 4 -way stop at SW 59th P1 and SW 64" St.
12
13 Ms. Davis said that Commissioner Wiscombe brought to her
14 attention that there is a problem at the corner of SW 59th Place
15 and SW 64th Street, and he suggested the installation of a 4 -way
16 stop and the request has been submitted to the County.
17 Commissioner Wiscombe said that this type of letters to the
18 County needs to have more background, particularly addressing
19 safety issues. Commissioner Sherar said that by having 4 -stop
20 signs at every intersection motorists tent to get tired of them
21 and simply ignore them; therefore, he thinks that having a police
22 officer at those busy intersections would be a better solution
23 than having a 4 -stop. Mayor Russell said that we should improve
24 our formal request to the County, look into the matter further
25 and get back to the Commission with some more suggestions.
26
27 There being no further discussion or comments, the City
28 Manager's Report concluded.
29
30 3. City Attorney's Report
31
32 Ms. Boutsis informed that the US Senate has approved
33 gunlocks for child safety issues on all handguns sold in the
34 United States. She said that there will be many issues that will
35 be discussed at the next attorney- client session.
36
37 There being no further discussion or comments, the City
38 Attorney's Report concluded.
39
40 PUBLIC REMARKS
41 (5- minute limit)
42
43 At this point, Ms. Boutsis urged that anyone speaking on the
44 quasi - judicial hearing items should keep those comments to that
45 section where they will be taken into consideration. If the
46 comments are made now, they cannot be taken into consideration.
47 She then identified these items as nos. 7, 8 & 11.
48
REGULAR CITY COMMISSION 6
MINUTES - March 2. 2004
C
1 Mr. David Tucker Sr. addressed the commission with advice
2 and recommendations based on his long journey through life, and
3 as usual, all said in a poetic, philosophical fashion.
4
5 Mr. Levy Kelly referred to the concerns of the community
6 regarding the after - school care, as well as the lack of input
7 with the recreation and education programs in the community. He
8 said that in his opinion, we have a crisis in the after - school
9 program. He said that the facility needs to be available after
10 5:00 p.m. He then spoke about the concern of some people in the
11 community when they read a sign at the door of the Multipurpose
12 Center announcing the requirement of membership in order to use
13 the building. He urged the Commission to look into these issues.
14
15 Mr. Terry Huggins said to be concerned about the issues in
16 South Miami, especially with the fee that the City is trying to
17 impose on anyone who wishes to use the Multipurpose Center. He
18 then said to have a problem with the way that the staff is
19 handled there, and that there should not be a shortage of staff
20 if we have thirty -eight part -time employees currently available.
21
22 Mr. Gil Johnson asked whether computer instructions are
23 provided for senior citizens, and Mr. Ricke said that there is an
24 adult program and there are ongoing classes at the Multipurpose
25 Center at this time.
26
27 Ms. Eugene Butler spoke on behalf of some concerned citizens
28 regarding the $50 charge for the new garbage pick -up system. She
29 said that she never received a notice regarding the new charge.
30 She said that the residents should have been given a choice to
31 decide whether they wanted to enroll in the new system.
32
33 Mr. Vince Brown also spoke with concern regarding the
34 Multipurpose Center fee, saying that this might create a class
35 system within the community. He said that the City is already
36 saving money by the conversion of full -time into part -time
37 positions.
38
39 Mr. Walter Harris announced the next meeting of the HOA on
40 March 15th, and urged everyone with a concern to come to that
41 meeting. He then referred to a petition that was signed by over
42 one thousand residents for a referendum limiting height and
43 density in South Miami, which was placed on a ballot at a special
44 election two years ago. The wording on the ballot was so
45 confusing that people voted opposite of what they meant to vote.
46 The election was held and the referendum was voted down by nine
47 votes. He said that he would like to have the referendum on the
48 November 2004 ballot, and it will not cost the City one extra
49 penny. He then urged some member in the Commission to sponsor a
REGULAR CITY COMMISSION 7
MINUTES - March 2, 2004
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resolution on behalf of the residents who signed the petition on
this previously.
Rev. Gregory Gay, Pastor of St. John A.M.E. Church,
addressed the Commission by saying that he concurs with Mr. Kelly
and Mr. Brown regarding the Multipurpose Center fee. He said that
he has ten network cards that he would like to donate to the
Center.
Mr. Adrian Ellis referred to the Homeowners' Association and
the negative literature that they circulated during the campaign.
He said that the HOA is very bias. He then referred to the $25
per semester charge for the after - school program, saying that
when he was going to school this service was offered free of
charge. He also referred to the Multipurpose Center fee. He then
urged to put in place a review board consisting of members of the
Commission and residents from the community. Mr. Ellis also
offered his help as a volunteer with the computer program.
Pastor Russell Harris said to be looking forward to working
with the Commissioners, and urged them to unite in order to make
South Miami a better city. He said that in order to make a sound
evaluation of the after - school program they need to consult with
the director of the program. He then said that the traffic at the
intersection of SW 59th Place and SW 64th Street is a matter of
concern and that he would like to meet with the Commission in
order to discuss the situation. He said not to be sure whether
the 4 -way stop is a good idea.
Rev. David Walker referred
that it is very important that
to continue to move forward with
the children are very important
to the Multipurpose Center saying
everyone works together in order
the after - school program because
in our community.
Ms. Eugene Butler again addressed the Commission, this time
regarding the after - school program. She stated that she is an
after -care director in Florida City and provided some insight of
the program she runs there. She also presented a petition signed
by a number of residents opposing the $50 fee for the garbage
container.
Ms. Cherry Smart, clinical social worker with the Thelma
Gibson Health Initiative in Coconut Grove, addressed the
Commission saying that during this past year they have begun to
expand their social services into the South Miami community. She
said that they are operating out of the Phase I building, on
Tuesdays and Thursdays from 4 -6:00 p.m. Their purpose is to help
the community to deal with substance abuse issues, HIV and every
other related issue. She said that they need the City's support,
REGULAR CITY COMMISSION 8
MINUTES - March 2, 2004
1 as well as the support of the churches and from members of the
2 community in general.
3
4 Ms. Sharon McCain referred to the resolution on the Agenda
5 relating to the nomination of Ms. Davis to the "Florida Cities of
6 Excellence" awards program. She said that Ms. Davis has done a
7 very good job so far; however, there are many more issues with
8 which she still will need to deal. Therefore, she does not think
9 that the time is right and that a year from now will be more
10 appropriate for this nomination. With respect to the resolution
11 regarding the "Royal Poinciana Fiesta," she said that this is not
12 on the original list of festivals scheduled for the year and had
13 a few questions about the details of the event. She then referred
14 to the resolution on the Agenda relating to the sale of the City
15 property, saying that she is totally against that sale. She then
16 referred to the resolution relating to City Clerk, saying that
17 even though Maria has done a good job, the matter should not be
18 rushed.
19
20 Ms. Eda Harris responded to Mr. Ellis, remarks concerning
21 the HOA saying that in her opinion he is trying to divide the
22 community in terms of ethnicity. Ms. Harris continued to refer to
23 Mr. Ellis using personal remarks, and Mayor Russell once again
24 indicated that no personal attacks, neither from the dais nor
25 from the podium would be allowed.
26
27 Ms. Cathy McCann referred to the garbage cans issue. She
28 said that at the time that the City was planning to implement the
29 new garbage pick -up system, there was the understanding that this
30 would constitute a savings to the City of approximately $140,000.
31 She said that this was not quite accurate, since in order to
32 implement the system the cost of the garbage cans alone would be
33 $200,000. These are special garbage cans designed to be picked
34 up by the new trucks. She then suggested to the Commission to
35 borrow $200,000 from the cash carryover from last year so that
36 the City could pay for the garbage cans. She said that the
37 borrowed money could be put back into the reserve in two years.
38
39 Mr. Dick Ward referred to the past election held February
40 10th saying that in his forty -two years in South Miami, and
41 having participated in approximately twenty -one elections, and
42 although some have been `hot, he does not remember anything like
43 this past election. He urged the Commission to do something about
44 limiting the amount of money allowed to run a campaign. He also
45 urged the Commission to take the lead in trying to end the
46 animosity which resulted from the elections.
47
48 Ms. Yvonne Beckman said she wished to speak in protest of
49 the fact that Officer Munoz escorted certain resident out of the
50 Chambers. She then said to concur with Ms. McCain opposing to the
REGULAR CITY COMMISSION 9
MINUTES - March 2, 2004
1 nomination of Ms. Davis. She said that there are still many
2 issues to be resolved and she should be given a chance to show
3 further accomplishments.
4
5 Mr. Lee Bennett referred to the heavy traffic on Manor Lane
6 where he resides. He said that from his experience as a fireman
7 he knows that there are ways to close certain streets, such as
8 other cities have done, by installing automatic gates, and
9 without stopping access to emergency vehicles. He said that road
10 closure will be the only option at this point.
11
12 Mr. Al Elias said that he is opposed to the sale of the
13 inspection station property, simply because with more development
14 west of the highway the traffic and parking problems will
15 increase.
16
17 After there were no further comments, the public remarks
18 were closed.
19
20 At approximately 10:00 p.m. Mayor Russell adjourned for a 5-
21 minute recess.
22
23 At approximately 10:10 p.m. the meeting resumed.
24
25
26 CONSENT
27 (None)
28
29
30 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
31 (None)
32
33
34 RESOLUTION (S) /PUBLIC HEARING (S)
36 4. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
37 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
38 VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
39 CODE TO ALLOW THE SECOND STORY INTERIOR SIDE SETBACK
40 OF A BUILDING TO BE 7.5 FEET, WHERE A MINIMUM OF 15
41 FEET IS REQUIRED ON PROPERTY WITHIN AN "RS -3" SINGLE -
42 FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 6023 SW 61
43 SREET, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS
44 LOT 28, BLOCK 1, "CAMBRIDGE LAWNS PARK" PLAT BOOK 50,
45 PAGE 4; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
46 (City Manager)
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MINUTES - March 2, 2004
1
2 Moved by Commissioner Wiscombe, seconded by Vice Mayor
3 Palmer to approve this item.
4
5 Before starting with the discussion, Ms. Boutsis provided
6 the Commission with an explanation of quasi - judicial proceedings.
7 She explained that under this type of hearing, the Commission
8 acts as a judge by making a decision as to whether the
9 application is consistent with the Comprehensive Plan (Comp Plan)
10 and the Land Development Code (LDC). After Mr. Youkilis, the
11 City's Planning Consultant provides the Commission with a report
12 as to whether the criteria of the Comp Plan and the LDC have been
13 met. Then, the Commission is to consider and debate competent,
14 substantial evidence based upon the testimony, qualified experts,
15 documents presented at the meeting and any documents that are
16 contained within the file. She also explained that the main
17 purpose of the quasi- judicial hearing is to have it in a public
18 forum and said that if any Commissioner has ever been approached
19 by one of the applicants by either oral or written communication
20 about the property in question, this is the time to disclose that
21 communication, what was discussed, with whom, when, where, and if
22 there is any written correspondence which should be provided to
23 the City Clerk.
24
25 Ms. Boutsis then proceeded to swear in the staff presenting
26 testimony. The applicant was not present.
27
28 Mr. Youkilis explained that the applicant is requesting
29 approval of a variance from the LDC to allow the side setback on
30 a second story addition to be 7.5 feet where a minimum of 15 feet
31 is required. He indicated that the minimum second story setback
32 in residential zones was amended by ordinance in September of
33 2003, from 7.5 feet to 15 feet. The Planning Board recommended
34 denial of the application at its meeting of January 13, 2004, and
35 the administration is also recommending denial.
36
37 Mayor Russell opened the public hearing and Ms. Boutsis,
38 after swearing in the speakers, proceeded to explain on how to
39 speak factually about the application.
40
41 Mr. Jay Beckman said that the applicable rule for setback is
42 the newly adopted setback of 15 feet for the second floor, and
43 that the applicant gives no legitimate reason for a hardship as
44 per its definition by the LDC.
45
46 Ms. Yvonne Beckman said that the amended ordinance is very
47 clear as to what the setback for the second story should be. She
48 then pointed out to an error showing the wrong name of the
49 applicant on line 44 of the first page of the resolution.
50
REGULAR CITY COMMISSION 1 1
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1 Mr. David Tucker, Sr. urged the Commission to vote against
2 the application for variance.
3
4 At this point, Mayor Russell closed the public hearing.
5
6 Commissioner Wiscombe said that he would go along with the
7 denial since he even worked with the homeowners to craft the
8 ordinance of reference, and because it compromises the quality of
9 life of the neighbors. He then asked Mr. Youkilis that in the
10 future when this type of request is presented to the Commission,
11 he needs to know what exists on both sides of the property since
12 it is important to have all the facts.
13
14 Ms. Boutsis asked staff whether proper notice was sent to
15 the applicant and whether he /she is aware of tonight's hearing.
16 Mr. Youkilis said that the applicant was notified in a timely
17 fashion and that they even said they would be here tonight. He
18 then clarified that this item requires a 4/5 vote.
19
20 Moved by Mayor Russell, seconded by Commissioner Wiscombe,
21 the motion to deny this item as amended passed by a 5 -0 vote.
22
23 Commissioner Wiscombe: Yea
24 Commissioner Sherar: Yea
25 Vice Mayor Palmer: Yea
26 Commissioner Birts- Cooper: Yea
27 Mayor Russell: Yea
28
29 Resolution No. 30 -04 -11809
30 5. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
31 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW
32 FOR THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY
33 PROVISIONS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH
34 MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE
35 MIAMI DADE COUNTY CODE PERTAINING TO A WAIVER OF PLAT
36 FOR PROPERTY LOCATED AT 6200 SW 67 AVENUE, SOUTH MIAMI,
37 FLORIDA WITHIN AN "RS -3" LOW DENSITY SINGLE FAMILY
38 RESIDENTIAL ZONING USE DISTRICT; PROVIDING FOR A LEGAL
39 DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
40 (City Manager)
41
42 Moved by Mayor Russell, seconded by Commissioner Sherar to
43 approve this item.
44
45 Commissioner Sherar clarified that he knows Mr. Rodriguez
46 who is the son of the applicant with whom he had contact years
47 ago relating to a piece of property even though the deal was not
48 consummated. He then explained the situation with further detail
REGULAR CITY COMMISSION 12
MINUTES - March 2, 2004
1 and asked whether he would need to recuse himself but Ms. Boutsis
2 said that his explanation in the open would be sufficient.
3
4 Mr. Youkilis explained that the applicant has applied for a
5 Waiver of Plat in order to divide a 1.15 acre tract of land into
6 two parcels, Parcel A measuring 22,607 square feet, facing SW
7 67th Avenue, and a second measuring 26,716 square feet, facing SW
8 67th Court. Mr. Youkilis explained that based upon the fact that
9 the application meets the basic criteria for judging a waiver of
10 plat request, relating to lot size, non - conformity, and absence
11 of encroachments, the Planning Department recommends that the
12 waiver of plat application be approved with the following
13 condition: that the owner dedicates to the City the new right -of-
14 way used to create the street frontage for the property. The
15 Planning Board, at its meeting of January 27, 2004, also
16 recommended approval with the same condition as that of the
17 Planning Department.
18
19 Ms. Ines Marrero, attorney representing the applicant,
20 addressed the Commission by further showing sketches of the
21 proposed split and basically reinforcing the presentation
22 provided by staff. She also explained that the applicant has
23 voluntarily offered a covenant to the City stating that if this
24 Waiver of Plat is approved they will not further subdivide the
25 property. One of the provisions of the covenant is that in the
26 case that anyone decides to further subdivide it at any point in
27 the future; they will have to go back to the neighbors for their
28 consent, consisting of 75% of the property owners within 300
29 feet.
30
31 At approximately 11:05, moved by Mayor Russell, seconded by
32 Commission Wiscombe, the motion to extend the meeting passed by a
33 5 -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 Ms. Marrero then introduced Mr. Tony Sellers who is one of
42 the abutting neighbors who she said that has been an active
43 participant of this application and who is in support of the
44 application. Mr. Sellers then spoke in favor of the application
45 outlining the reasons for his decision.
46
47 Mr. Eduardo Rodriguez, son of the applicant, also spoke
48 about the application stating that the lots that he is proposing
49 to create are approximately twice the size of the lots
REGULAR CITY COMMISSION 13
MINUTES - March 2, 2004
surrounding his property and that he has no intention to further
subdivide the property.
At this point the public hearing was closed and Mayor
Russell opened for public remarks.
Ms. Sharon McCain spoke in reference of the trees within the
applicant's property. She said that there is no mention of the
trees in the resolution and that she has not seen a survey of the
trees. Commissioner Sherar said that the issue of the trees will
be reviewed at the time that the applicant submits his plan for
the house; therefore, the trees will not be cut down at this
point. The next step to be followed in regards to the trees is at
the ERPB review.
At this point the public remarks were closed and the Mayor
opened for Commission comments.
Commissioner Wiscombe said that although he has been
consistently opposed to lot splits, he has no problem with this
particular application since it clearly complies with code.
Mayor Russell and Vice Mayor Palmer concurred with
Commissioner Wiscombe.
Commissioner Sherar said to have some problems with the
language in the covenant, and Ms. Boutsis said that in the case
that the applicant decides to modify or amend the covenant in the
future they would be required to comply with the existing zoning
regulations at the time. She said that the only thing that she
would recommend on the resolution is adding a Section 6 with the
language that the declaration of restricted covenant be executed
and recorded in the public records.
Moved by Mayor Russell, seconded by Commissioner Wiscombe,
to amend the resolution to include a Section 6, adopting the
covenant as part of the resolution, requiring execution of that
covenant, and to be recorded in the public records, 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
Moved by Mayor Russell, seconded by Commissioner Wiscombe,
to approve the resolution with the amendments, with staff's
recommendation, and with the condition that item (7) on the
REGULAR CITY COMMISSION
MINUTES - March 2, 2004
14
1 report regarding the trees comes back before the ERPB prior to
2 removal, the motion to approve this item as amended passed by a
3 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 RESOLUTION (S)
12
13 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
14 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
15 MANAGER TO INITIATE THE PROCESS TO OFFER FOR SALE THE
16 CITY -OWNED PROPERTY LOCATED AT 5890 SW 69TH STREET,
17 CONSISTING OF 31,050 SQUARE FEET; AND PROVIDING AN
18 EFFECTIVE DATE. 3/5
19 (City Manager)
20
21 Moved by Mayor Russell, seconded by Commissioner Sherar, the
22 motion to defer this item passed by a 5 -0 vote.
23
24 Commissioner Wiscombe: Yea
25 Commissioner Sherar: Yea
26 Vice Mayor Palmer: Yea
27 Commissioner Birts - Cooper: Yea
28 Mayor Russell: Yea
29
30 Commissioner Wiscombe indicated that when this item comes
31 back before the Commission that he would like a copy of the
32 appraisal. Mayor Russell clarified that the appraisal had been
33 provided to the Commissioners before the meeting.
34
35 Resolution No. 31 -04 -11810
36 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
37 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
38 EXPENDITURE OF FUNDS FOR THE MAYOR, CITY COMMISSION,
39 CITY MANAGER, PUBLIC WORKS DIRECTOR AND PUBLIC
40 INFORMATION OFFICER TO ATTEND AND TAKE PART IN THE 2004
41 MAAMI -DARE COUNTY DAYS IN TALLAHASSEE; ANDPROVIDING AN
42 EFFECTIVE DATE. 3/5
43 (City Manager)
44
45 Moved by Mayor Russell, seconded by Commissioner Wiscombe,
46 the motion to approve this item without discussion or comments
47 passed by a 5 -0 vote.
48
REGULAR CITY COMMISSION 15
MINUTES - March 2, 2004
1 Commissioner Wiscombe:
Yea
2 Commissioner Sherar:
Yea
3 Vice Mayor Palmer:
Yea
4 Commissioner Birts- Cooper:
Yea
5 Mayor Russell:
Yea
6
7 Resolution No. 32 -04 -11811
8 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE
9 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN
APPEAL
0 FROM A DECISION OF THE ENVIRONMENTAL
REVIEW AND
1 PRESERVATION BOARD REGARDING THE APPROVAL
OF
A SITE
2 PLAN AND FOUR STORY BUILDING LOCATED AT
6141
SUNSET
3 DRIVE.
3/5
4 (City Manager)
Moved by Mayor Russell, seconded by Commissioner Wiscombe to
approve this item.
Ms. Davis was sworn in by Ms. Boutsis since this is another
quasi - judicial item.
Ms. Davis explained that Mr. Youkilis brought to her
attention the fact that at the time that the ERPB gave final
approval of the application, the Board did not stipulate any
conditions related to the preservation or relocation of the 39
trees located on the site. Consequently, she requested the
Planning Director's assistance for appealing to the ERPB ruling.
She then reiterated the importance of having a landscape
architect on the ERPB. At this point, she said she is asking for
the consent of the Commission to submit this item back to the
ERPB for review so that we can work out a solution towards
preserving these trees.
Mr. Marcelo Fernandez, owner of the property, stated that
the recommendation of various experts in the field which he
consulted is that the trees cannot be relocated due to their size
and their age, and that they should be replaced. He said that
Doug Baker with the Parks and Recreation Department concurs with
the notion that the trees cannot be relocated and for the same
reason, and suggested that there are various parks in the City
where these trees could be replanted. Mr. Fernandez said to be
willing to pay to have those trees relocated to the parks. He
said that there are about twelve specimen trees and about seven
that do not even need a permit to be removed since they are
`junk' trees.
Ms. Boutsis explained that the issue on this
the ERPB did not address the issue of trees at the
approval. She then explained that we are focusing o
REGULAR CITY COMMISSION 16
MINUTES - March 2, 2004
item is that
time of their
n whether this
1 matter should be resubmitted to the ERPB, the decision be
2 modified or stricken here tonight. She explained that the City
3 code pertaining to trees provides three options regarding
4 specimen trees which are: to stay where they are, to be
5 relocated, or as contribution to the tree fund so that the trees
6 could be planted in City parks or rights -of -way.
7
8 Ms. Davis said that the applicant has been extremely
9 cooperative with the situation. She also commended Mr. Youkilis
10 for bringing this issue to her attention and said to be willing
11 to sit down with the applicant in order to reach an agreement and
12 then send her recommendation to the ERPB for their review.
13
14 Commissioner Sherar asked whether there is a real tree fund
15 and Ms. Davis said that this is a real fund and there are $15,000
16 in it right now. Mayor Russell said that this fund could be used
17 for citywide landscaping.
18
19 There being 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 No. 33 -04 -11812
29 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA SETTING THE DATE OF MARCH
31 23, 2004 STARTING AT 6:00 7:00 PM IN THE SOUTH MIAMI
32 CITY COMMISSION CHAMBERS FOR A PUBLIC WORKSHOP ON THE
33 PROPOSED FIVE -YEAR PEOPLE'S TRANSPORTATION PLAN AND
34 DIRECTING THE ADMINISTRATION TO POST THE WORKSHOP
35 NOTICE; PROVIDING FOR AN EFFECTIVE DATE. 3/5
36 (City Manager)
37
38 Moved by Mayor Russell, seconded by Vice Mayor Palmer to
39 approve this item.
40
41 It was the consensus of the Commissioners present that the
42 starting time of the workshop be changed from 6:00 to 7:00 p.m.
43
44 There being no further discussion or comments, the motion to
45 approve this item as amended passed by a 4 -0 vote.
46
47 Commissioner Wiscombe: Out of the Room
48 Commissioner Sherar: Yea
49 Vice Mayor Palmer: Yea
REGULAR CITY COMMISSION 17
MINUTES - March 2, 2004
1
2
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Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY CLERK;
APPOINTING MARIA M. MENENDEZ; PROVIDING AN EFFECTIVE
DATE. 3/5
(Mayor Russell)
Moved by Mayor Russell, seconded by Commissioner Sherar to
approve this item.
Mayor Russell explained that Human Resources received
twenty -five resumes for this position and upon their review found
that none of them met the required qualifications. Mayor Russell
said to have found that the most qualified applicant is Maria
Menendez and that she thinks that Maria has done an outstanding
job during the six months in an interim capacity and that she is
proud to sponsor this resolution to put this issue behind the
Commission to move forward with a permanent City Clerk instead of
an interim City Clerk.
Vice Mayor Palmer said that she does not feel as part of the
process since she has only been fifteen days in her seat and that
she needs a little more time to feel that she is part of the
process.
Mayor Russell said that Maria went through the election
period without a single problem, has been very responsive to all
of our needs and has managed to keep politics out of it and has
been recommended by the prior City Clerk as the best person for
the job and said she could not think of a higher recommendation
than that.
Commissioner Birts- Cooper said to concur with Vice Mayor
Palmer. She then asked whether the clerk is required to be
certified. Mayor Russell said that the previous clerk went
exactly through the same process that Maria Menendez is doing it
by earning her certification along the way. None of the
applicants were certified. However, Mayor Russell said, it is
important that none of the Commissioners feel left out and she
proposed to defer the item to the next meeting to allow more time
for them to review the resumes.
Mayor Russell said that Maria deserves to know what is
happening next and the City needs to move forward. She has been
with the City for a long time before she took that difficult
position, the Mayor added.
REGULAR CITY COMMISSION 18
MINUTES - March 2, 2004
Vice Mayor Palmer said that Maria needs the support of the
Commission.
Commissioner Sherar said in a humorous tone that anyone who
has been around City Hall and wants to stay here needs to be
institutionalized.
Commissioner Wiscombe said that he did not sit down with
Maria before because he was waiting to review the rest of the
candidates. He also said that Maria did help the Commissioners
through many situations but he feels that the new members need to
have the time to be part of the process.
Moved by Mayor Russell, seconded by Commissioner Wiscombe,
the motion to defer this item passed by a 4 -1 vote.
Commissioner Wiscombe: Yea
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, NOMINATING MARIA V.
DAVIS TO THE FLORIDA LEAGUE OF CITIES "FLORIDA CITIES
OF EXCELLENCE" AWARDS PROGRAM AS CITY MANAGER OF THE
YEAR PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
Moved by Mayor Russell, seconded by Vice Mayor Palmer to
approve this item.
Vice Mayor Palmer, who pulled this item from the Consent
Agenda, explained that she again feels that she has only been
part of the Commission for fifteen days. She said that Ms. Davis
has only been in the position for eight months and that it should
had been better to wait for one year, but that nevertheless, in
her opinion Ms. Davis has demonstrated to be a great leader.
Mayor Russell explained that she had brought this request
forward on behalf of staff and that she thought that this could
be an opportunity to show Ms. Davis that she is welcome and that
this Commission appreciates the work that she has done. It is
true that it has been only eight months but they have been very
difficult ones and she has done an outstanding job, the Mayor
added.
REGULAR CITY COMMISSION 19
MINUTES - March 2, 2004
1 Commissioners Wiscombe and Sherar concurred with Mayor
2 Russell.
3
4 Commissioner Birts- Cooper said to concur with Vice Mayor
5 Palmer, even though she thinks that the City Manager has done a
6 great job she does not think that the time is right.
7
8 Commissioner Wiscombe concurred with Vice Mayor Palmer and
9 with Commissioner Birts- Cooper that this nomination is a little
10 premature.
11
12 Ms. Davis said that she reviews every single item going on
13 the Agenda before the book is actually put together. She said
14 that she was surprised when Commissioner Wiscombe called her the
15 day prior to the meeting regarding this item. Staff did it behind
16 her back and she thanked staff for being so thoughtful and for
17 thinking so highly of her. She said that the Commission should
18 not feel uncomfortable because this does not really bother her.
19
20 Moved by Mayor Russell, seconded by Commissioner Wiscombe,
21 the motion to table this item for one year passed by a 5 -0 vote.
22
23 Commissioner Wiscombe: Yea
24 Commissioner Sherar: Yea
25 Vice Mayor Palmer: Yea
26 Commissioner Birts- Cooper: Yea
27 Mayor Russell: Yea
28
29 Resolution No. 34 -04 -11813
30 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
32 SPONSORSHIP OF THE 67TH ANNUAL ROYAL POINCIANA FIESTA;
33 AUTHORIZING THE USE OF CITY FACILITIES; AUTHORIZING THE
34 CITY MANAGER TO TAKE APPROPRIATE ACTIONS TO COOPERATE
35 WITH THE FESTIVAL COMMITTEE IN ASSURING A SUCCESSFUL
36 EVENT; AND PROVIDING AN EFFECTIVE DATE. 3/5
37 (Mayor Russell)
38
39 Moved by Mayor Russell, seconded by Vice Mayor Palmer to
40 approve this item.
41
42 Commissioner Wiscombe, who pulled this item from the Consent
43 Agenda, explained that the reason for him to want to discuss this
44 item is that the Commission has effectively made an effort to cut
45 back on special events this year. He said that there are no
46 recommendations as to what it is going to cost to the City. He
47 said that in going through the budget process they had to cut
48 back on a number of other groups and different events and he does
49 not think that we need to start adding on now.
REGULAR. CITY COMMISSION 2 0
MINUTES - March 2, 2004
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Mayor Russell said that first of all this event will not
cost anything to the City. Also, this is the oldest festival in
Miami -Dade County and it comes with Royal Poinciana trees donated
which the County will plant in our parks. It comes with live
entertainment and with free program for the day for the residents
of South Miami, utilizing the City Hall parking lot and building
for the lectures. The reason that they like our location is
because they plan to offer instead of a trolley tour, free
Metrorail passes for a Royal Poinciana Metrorail tour. She said
that because there will be no street closure and no cost attached
she thought it would be a good idea for the children and families
to take advantage of this opportunity.
Commissioner Birts- Cooper said that she does not have a very
good experience with the Royal Poinciana since their roots tend
to break up the sidewalks. She said that we need to be very
careful as to where we plant them. She said that the festival
idea would be nice since it will help bring the community
together and there will be no cost to the City.
Vice Mayor Palmer asked whether the downtown merchants would
be affected by this event and the Mayor said that they would not
be affected at all.
Commissioner Wiscombe said that the reason for him being in
doubt at the beginning is that he did not see enough background
for this proposal. For this reason he said that it is important
that the Commission is provided with enough back -up beforehand in
order to be able to make the right decision on any item.
Commissioner Sherar asked whether the Royal Poinciana is a
native tree and the Mayor said it is not.
There being no further discussion or comments, 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
Resolution No. 35 -04 -11814
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACT AMENDMENT ONE WITH MIAMI -
DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC
DEVELOPMENT FOR A TIME EXTENSION ON THE FY 2003
REGULAR CITY COMMISSION
MINUTES - March 2, 2004
21
1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG); PROVIDING AN
2 EFFECTIVE DATE. 3/5
3 (City Manager)
4
5 Moved by Mayor Russell, seconded by Commissioner Wiscombe to
6 approve this item.
7
8 Commissioner Sherar said that he has a problem with spending
9 $20,000 for a study of a pool that we do not even know whether we
10 will be able to afford to maintain it and even though is grant
11 money it is still taxpayer's money. He said to have the same type
12 of problem with the Church Street improvements. Ms. Davis
13 explained that the City applied for the grant to do streetscapes.
14 She said that this item has nothing to do with spending dollars.
15 Rather, it is just to extend the contract with the County for
16 another three months. Miami -Dade County was a little late
17 assigning a contract to us after the award of the grant and all
18 we are doing is just requesting an extension.
19
20 Commissioner Wiscombe said that if we do not spend those
21 grant dollars other communities will.
22
23 There being no further discussion or comments, the motion to
24 approve this item passed by a 4 -1 vote.
25
26 Commissioner Wiscombe: Yea
27 Commissioner Sherar: Nay
28 Vice Mayor Palmer: Yea
29 Commissioner Birts- Cooper: Yea
30 Mayor Russell: Yea
31
32 ORDINANCE (S) FIRST READING (S)
33
34 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
35 CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO
36 AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
37 REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE
38 SCHEDULE" IN ORDER TO ALLOW BUSINESS OR PROFESSIONAL
39 OFFICES AS A PERMITTED USE IN THE "GR" GENERAL RETAIL
40 DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
41 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
42 DATE. 3/5
43 (City Manager)
44
45 Moved by Mayor Russell, seconded by Commissioner Sherar to
46 approve this item.
47
REGULAR CITY COMMISSION 22
MINUTES - March 2, 2004
Mr. Youkilis explained that the applicant, an owner of
several properties located on So. Dixie Highway in South Miami,
is requesting the City to amend the Permitted Use Schedule of the
Land Development Code (LDC) to include "office, business and
professional" as a permitted use in the "GR" (General Retail Use
District) . He indicated that the submitted application is a
general text amendment to the LDC and is not site specific. if
the proposed amendment is approved it would be applicable to all
properties located in the GR district. He said that staff
recommends approval of this amendment. Furthermore, the Planning
Board, at its January 13, 2004 meeting, conducted a public
hearing on the application and approved the request by a 4 -2 vote
with the condition that 50% of the ground floor square footage
must be retail uses.
Mayor Russell said that her concern with this amendment is
the increase in delivery and commercial truck activity.
Therefore, she feels that there should be a provision restricting
the trucks to cross residential neighborhoods. She said that the
impact of the increase in trucks could affect the quality of the
residential neighborhood.
Commissioner Wiscombe said that he would like to have more
time to discuss this request with staff.
Mr. David Hill, the applicant, said that all he wants to do
is to clean up that property and he thought that he was doing
something right by building something nice there.
Commissioner Sherar said to concur with Commissioner
Wiscombe. Mayor Russell said that this is only the first reading
of the ordinance and that they will have a couple of weeks before
the final reading to have all the questions answered.
Mayor Russell opened for public hearing.
Mr. Jay Beckman addressed the Commission by suggesting that
in a GR district the professional offices should be allowed only
on the upper floor or at least 50% of the building should remain
General Retail. He said that it should be looked into whether
this amendment would comply with the land use designation of the
Comp Plan.
Ms. Yvonne Beckman said that there is already office space
in South Miami. And as far as for the social aspect of the issue,
she said that people need the retail district more than they need
offices. She then said that at the Planning Board meeting where
this request was approved, Mr. Comendeiro who is a member of the
Board, after voting for approval he admitted that the applicant
REGULAR CITY COMMISSION 23
MINUTES - March 2, 2004
1 was his friend, therefore he should have recused himself, and she
2 asked this to be on the record.
3
4 Ms. Boutsis explained that being friend of an applicant does
5 not mean anything. The Board member has to have some sort of
6 financial conflict of interest in order to require recusing from
7 the board.
8
9 Ms. Cathy McCann suggested that before an amendment of this
10 type is done, an inventory should be conducted of the amount of
11 acreage that the City has for general retail, as well as for
12 office space.
13
14 Ms. Sharon McCain suggested that before this item comes
15 back, the Commission drive by the back of the area which is
16 residential to see what will be impacted.
17
18 The public hearing was closed at this point.
19
20 There being no further discussion or comments, the motion to
21 approve this item passed by a 5 -0 vote.
22
23 Commissioner Wiscombe: Yea
24 Commissioner Sherar: Yea
25 Vice Mayor Palmer: Yea
26 Commissioner Birts- Cooper: Yea
27 Mayor Russell: Yea
28
29
30 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A TECHNICAL
32 AMENDMENT TO THE LAND DEVELOPMENT CODE SECTION 20-
33 3.3(E) ENTITLED "OUTDOOR SEATING /DINING FOR ALL
34 COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO
35 RESIDENTIAL OFFICE ZONING DISTRICT." AND SECTION 20-
36 7.29 ENTITLED "OUTDOOR SEATING /DINING USES AND AREAS"
37 IN ORDER TO REMOVE ANY REFERENCE TO A SPECIFIC ANNUAL
38 FEE TO BE CHARGED FOR OUTDOOR RESTAURANT SEATING;
39 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
40 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
41 (City Manager)
42
43 Moved by Mayor Russell, seconded by Commissioner Sherar to
44 approve this item.
45
46 Mr. Youkilis explained that the City Commission at its
47 November 4, 2003 meeting determined that the City's Permit Fee
48 Schedule should be corrected; adjusting the restaurant outdoor
49 seating fee to reflect what was approved in 2001. Later, at its
REGULAR CITY COMMISSION 24
MINUTES - March 2, 2004
1 December 8, 2003 meeting, the Planning Board adopted a motion by
2 unanimous vote to modify the LDC to show that the annual permit
3 fee for outdoor restaurant seating be $250 a year for the first
4 10 seats and $25 a year for each additional seat after the tenth
5 seat. Furthermore, that the fee should be applicable to both
6 public and private outdoor seating. Staff has recommended against
7 the recommendation of the Planning Board.
8
9 Commissioner Wiscombe said that the reality is that paper
10 napkins and debris from restaurants fly all over the place,
11 regardless whether it comes from private or public property.
12
13 Commissioner Sherar said that he believes that it would seem
14 more profitable for the City to have Code Enforcement going after
15 the establishments violating the code and writing them a ticket.
16
17 There being no further discussion or comments, the motion to
18 approve this item failed by a 2 -3 vote.
19
20 Commissioner Wiscombe: Nay
21 Commissioner Sherar: Yea
22 Vice Mayor Palmer: Nay
23 Commissioner Birts- Cooper: Nay
24 Mayor Russell: Yea
25
26
27 COMMISSION REMARKS
`1
29 Commissioner Wiscombe said good night.
30
31 Commissioner Sherar said that he had promised someone to say
32 two words: "Fellowship House."
33
34 Commissioner Birts - Cooper said good night.
35
36 Vice Mayor Palmer said that at the last meeting she had
37 asked the City. Manager if she could put a plan together with
38 regard to the traffic intrusion.
39
40 Mayor Russell explained that the People's Transportation
41 Plan Workshop scheduled for Tuesday, March 23rd at 7:00 p.m. is
42 the workshop where we will adopt the plan for the traffic calming
43 citywide and the traffic issues will be addressed at that time.
44
45 Ms. Davis, as she said it at the previous meeting,
46 reiterated that the City is not staffed to have police officers
47 to do traffic enforcement full -time. She also explained that she
48 was planning to address this issue at the transportation
49 workshop.
REGULAR CITY COMMISSION 2 5
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Mayor Russell then announced to the members of the
Commission that she received a request for donation from Deacon
Anthony. She said that they need $1,800 to send the children on a
trip during the spring brake and they are $400 short, so she will
be contributing with $75.
There being no further business to come before this Body,
the meeting adjourned at 12:50 P.M.
Approved
Attest
Maria M. Menendez
Acting City Clerk
REGULAR CITY COMMISSION
MINUTES - March 2, 2004
Mary Scott Russell
Mayor