09-21-04 Item 1a1 City of South Miami DRAFT
2 Regular City Commission Minutes
3 August 3, 2004
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, August 3, 2004, beginning at 7:30
9 p.m., in the City Commission Chambers, 6130 Sunset Drive.
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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.
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17 Also in attendance were: City Manager Maria V. Davis, City
18 Attorney Luis Figueredo, and City Clerk Maria M. Menendez.
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20 B. Invocation: The invocation was delivered in silence.
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22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
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25 D. Presentation(s) 7:00 p.m.
26 None
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28 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
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31 1. City Manager's Report:
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33 a) Occupational license for exotic dancers
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35 Upon a request to research as to whether or not exotic
36 dancers require to have occupational license, Ms. Davis informed
37 the Commission that the answer is that they do not require to
38 have an occupational license. Exotic dancers are not licensed by
39 the State of Florida.
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41 b) Survey of adult entertainment establishments
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43 Mr. O'Donniley addressed the Commission recalling that the
44 City Commission, at its meeting of June 1, 2004, approved on
45 first reading a proposed amendment to the Land Development Code
46 that would permit adult entertainment establishments as a
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1 permitted use in the City's industrial zoning district. Then, the
2 Commission directed staff to look into issues regarding distance
3 requirements between adult establishments and churches, schools,
4 parks, playgrounds and residential uses. It was also decided that
5 before final adoption of the Adult Entertainment ordinance it
6 would be appropriate for the City to review a survey as to the
7 number and location of adult establishments in surrounding
8 jurisdictions up to five miles from the City's boundary lines.
9 Staff presented to the Commission an estimated cost for the
10 survey of approximately $5,250 and the Commission approved the
11 expenditure at its June 8, 2004 meeting_ The Corradino Group
12 submitted a complete response to the RFP announced by staff,
13 estimating that the work could be completed in 30 days and would
14 cost $8,580. Mr. O'Donniley then asked the Commission for
15 guidance as -to whether staff should proceed with the survey, even
16 though the amount quoted by Corradino is above the amount
17 previously approved by the Commission.
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19 Mayor Russell said that we should go back and negotiate with
20 the consultant a price that we find reasonable, and would have to
21 be within the amount of money that we agreed to spend originally,
22 and not adding $3,000 to it.
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24 Vice Mayor Palmer asked as to whether this is the best deal
25 staff could find. Mr. O'Donniley said that the Corradino Group
26 was the only firm on the list which responded to the RFP. He said
27 that firms usually do not like to offer their services for such a
28 small contract.
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30 Mayor Russell then directed staff to go back and negotiate
31 with Corradino, with the unanimous consent of the Commission.
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33 c) Selecting a date to interview potential City Attorneys
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35 Ms. Davis asked the Commission to set a date to interview
36 potential city attorneys who responded to an RFP soliciting
37 proposals from various law firms. The date for the interviews
38 with all the firms was set for Wednesday, September 1, 2004 at
39 6:30 p.m. Ms. Davis said that either the City Clerk or her office
40 will be setting up the format for the Commission.
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42 d) Storm preparation reminder
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44 Ms. Davis said that there was a storm which might be coming
45 our way and that everyone should be getting prepared. She asked
46 that residents do not trim trees for the next four days. She said
47 that it is very dangerous to be trimming trees since the Public
48 Works Department does not have the capability to pick up the
49 volume of debris resulting from all the trimming.
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2 e) City Manager's Evaluation
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4 Ms. Davis indicated that at the last meeting the Commission
5 lamented that they did not have evaluation instruments for the
6 City Manager, and to help them out she went to the Florida City
7 Manager's Association and obtained evaluation forms; she then
8 said to welcome them to set up an appointment with her at any
9 time. Mayor Russell said that the evaluation form that she
10 submitted to the Commission last week is the same one that is
11 used for senior management here at City Hall.
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13 Commissioner Wiscombe said that he might be bringing some
14 other formats as well. The Mayor said that they will determine at
15 the next meeting if this is the format they are going to use or
16 not.
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18 Vice Mayor Palmer, referring to the Florida City Manager's
19 Association, the source from where the City Manager obtained the
20 format she just submitted, asked the City Manager as to whether
21 that is a certified organization and indicated that they should
22 follow some type of standard.
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24' Mayor Russell then directed staff to put it in a resolution
25 format on the next agenda.
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27 Ms. Davis indicated to Commissioner Sherar that she will be
28 looking into the issue of craters.
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30 There being no further comments or discussion, the City
31 Manager's Report concluded.
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34 3. City Attorney's Report
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36 Attorney Figueredo indicated that he had nothing to report
37 this evening.
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39 There being no further comments or discussion, the City
40 Attorney's Report concluded.
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42 PUBLIC REMARKS
43 (5- minute limit)
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45 David Tucker, Sr., as usual, spoke in a poetic fashion about
46 the times when the City was "a sleepy little village" and streets
47 were calm. As time passed and traffic increased, streets were
48 being widened, `not narrowed,' "don't squeeze the traffic," he
49 repeated until the end.
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Dean Whitman spoke in opposition to the Charrette item
adding that he attended the Charrette meetings and that he
expected that whatever is implemented that it would be in
consistence with the Charrette process.
Donna Fries spoke in opposition to the Charrette item
indicating that she was shocked when she saw the proposed 20-
units per acre, adding that this is completely unacceptable and
that this was not reflected on the Charrette process and that she
does not understand why the administration is recommending such
high density development next to residential.
Jorge Milian spoke in opposition to the Charrette item. He
also said that he attended the Charrette meetings and knows first
hand what was said and what was recommended. He said that it is
not fair to allow this type of development next to the
residential area. He then spoke in favor of narrowing SW 62nd
Avenue indicating that extra lanes only serve as speed lanes.
Dick Ward urged the Commissioners to turn off their
microphones when they are not talking in order to avoid the
shuffling of papers on the dais which interferes with the audio.
He then said to agree with what Mr. Tucker had said against
narrowing the street, particularly with all the traffic
associated with the area school busses.
Heidelah Zegler also referring to the Charrette item said
that before she purchased her house in South Miami she came to
City Hall to inquire about the vacant lot behind her house and
that she was told that only two- stories would be allowed there
and that is why she went ahead and bought this house.
Claudia Guevara also referring to the Charrette item said
that if the zone changes she will be forced to move, she loves
the area and would like to continue to live in South Miami.
Beth Schwartz also against the Charrette item said that she
has attended twenty - three meetings on this subject already,
adding that they are not going to get tired and are not going to
go away. She said that the residents have said what they want to
see which is nothing more than two stories. She also said that
she would like to see SW 62nd Avenue narrowed.
Christopher Cook - Yarborough spoke about the growing popular
demand for townhouses and cited a couple of recent newspaper
articles about Coral Gables and Ft. Lauderdale. He said that
townhouses are the building type that we need in SW 62nd Avenue
and told the Commission that their task is to determine what the
appropriate density is. He told the Commission that they have a
very difficult job to do. He then said that when he moved into
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the neighborhood, SW 62nd Avenue was a two -lane road and that in
his opinion there is no need for four lanes there.
Cal Rosenbaum said that we are going to have townhouses
whether the homeowners like it or not, the whole country is going
that way, he indicated. He said that the area needs development.
He then said that the problems that have to be addressed here
tonight and for many more months to come is the occupational
licenses of the business district in South Miami and the
continued parking variances that this City has given for no
apparent legal and valid reason. If employees were forced to park
either in the Metrorail or in the Sunset Place parking garages,
it would eliminate no less than 30 percent of the traffic and the
parking problems in the City.
Valerie Newman said she had two questions regarding
conversations that have taken place between every single member
on this dais and a developer that sits in the audience. She said
that the first question is whether he is registered as a
lobbyist, and her second question is, when this developer
specifically asks for this project to work, with three stories,
1.5 FAR, 20 -units per acre, isn't this illegal contract zoning?
She said that she knows that these are requests that he has made
of every single one on this Commission in order for his project
to work.
Michael Miller addressed the Commission by stating that he
was pleased to announce that he owns 620 feet front of contiguous
property on SW 62nd Avenue and SW 68th Street where they have been
for the past 30 years adding that they moved there when no one
wanted to move to SW 62nd Avenue. He said that he understands the
concern of the neighbors; however, this is not about him, Dr.
Zakarias, Tim Hernandez, nor about the Commissioners, but rather
he said, the decision the Commission must make is for the best of
the City as a whole. He said that this issue has been in the
making for the past five years and that he will be glad when it
is over.
Al Elias spoke with regard to the SW 62nd Avenue Charrette
and reminded everyone that his profession for the past 18 years
has been in the field of transportation. He said that he speaks
at the Transportation Review Board (TRB) which holds about 25
seminars per year. He said that this issue is not unique, but
something that is happening in every city in America. He said
that closing the arteries of a city is like closing the arteries
in the human body which will eventually lead to a heart attack.
He said that our infrastructure grows one percent per year
nationally, and the number of vehicles increase 15 percent per
year. He then urged the Commission to do what is best for the
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1 City. You don't close up arteries, you open them up to get the
2 traffic in and out as quickly as possible, he added.
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4 Lee Conesa spoke about narrowing SW 62nd Avenue saying that
5 the people who speak against it are mainly business owners.
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7 Sharon McCain spoke in favor of Agenda Item #9 relating to
8 Dr. Colsky's request for a parking variance. She also spoke in
9 favor of Item #11 relating to Procurement of Professional
10 Services and Selection of Persons Qualified. She said that she
11 sat at a RFP conference for a parking contract a few years ago;
12 however, the conference held a couple of weeks ago relating to
13 the Montana McLean Tennis for the operation of the Tennis Center
14 at Dante Fascell Park was not advertised. She also said that she
15 has seen the same people on the RFP committees over and over
16 again.
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18 Dr. Zakarias said that he moved his practice to South Miami
19 in 1987 and he is still here. He said that he has invested most
20 of his work into developing SW 62nd Avenue along with Sunset. He
21 said that when he first arrived in South Miami the City looked
22 very much neglected. He then commended the Planning and Zoning
23 staff for doing such a great job at compromising by dropping the
24 height from four to three and two, and also for dropping the FAR
25 from 1.6 to 1. He then urged the neighbors to understand and be
26 fair, since what everyone is trying to do will result in a win -
27 win situation where everybody including the homeowners will
28 benefit from the project.
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30 Tim Hernandez from `New Urban Communities' based in Delray
31 Beach said that as a city planner with an urban planning degree,
32 has worked in one of the poorest areas of Chicago consisting of
33 minorities. He said that all his life he has tried to do what is
34 right for communities. He said that he realizes that the
35 Commission has a hard decision to make, and ultimately what they
36 must consider is who they want to run the City. Mr. Hernandez
37 said that SW 62nd Avenue is a crucial corridor where investments
38 have been neglected. He said that every single place where they
39 have gone to develop property values have gone up. He then said
40 that they were excited about coming to South Miami; he has come
41 to a lot of meetings at night with the residents and with staff
42 during the day, and has also talked with all of the Commission.
43 He said that this is one little development consisting of about
44 32 houses and that he hopes that this works out for everyone.
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46 Walter Harris urged the Commission to return some of the
47 full -time jobs and the benefits to those who have been around and
48 are still interested in getting their jobs back. He then spoke in
49 reference to the SW 62nd Avenue Charrette and the referendum
50 ordinances which he said go hand in hand. He said that the
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1 residents have been ignored again on this regard. He said that
2 the referendum is not in conflict with the Comprehensive Plan,
3 but rather, it is only in conflict with the exceptions and
4 variances of the Comprehensive Plan. He then questioned as to
5 where is Ron Stroyne.
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7 After there were no more speakers, the Public Remarks
8 section was closed and the Commission stopped for a 5- minute
9 recess.
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11 When the Commission reconvened, the following item were
12 pulled from the Consent Agenda by Commissioner Sherar: Items no.
13 4 and 6 (now no. 9 and 10 respectively).
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16 Resolution No. 126 -04 -11905
17 3. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
18 OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
19 COMMITTEES; APPOINTING ANTHONY S. HUSSAIN AND ANNA
20 PRICE TO SERVE ON THE BUDGET AND FINANCE COMMITTEE FOR
21 A TERM ENDING SEPTEMBER 30, 2005; AND PROVIDING AN
22 EFFECTIVE DATE. 3/5
23 (Mayor Russell)
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25 Resolution No. 127 -04 -11906
26 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
28 MANAGER TO ENTER INTO A CONTRACT WITH AVMED HEALTHCARE
29 TO PROVIDE GROUP HEALTH INSURANCE FOR THE CITY OF SOUTH
30 MIAMI FULL -TIME EMPLOYEES PROVIDING AN EFFECTIVE DATE.
31 3/5
32 (City Manager)
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34 Resolution No. 128 -04- 11907
35 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
36 CITY OF SOUTH MIAMI, FLORIDA, DEFERRING LIFTING THE
37 RESIDENTIAL PARKING PERMITS AND PROVIDING THAT ANY
38 ADDITIONAL STUDY BE DOCUMENTED IN WRITING AND REFERRED
39 TO THE PARKING COMMITTEE PRIOR TO ANY CONSIDERATION BY
40 THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
41 (Mayor Russell) 3/5
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43 Moved by Commissioner Wiscombe, seconded by Vice Mayor
44 Palmer, the motion to approve the Consent Agenda passed by a 5-
45 0 vote:
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47 Commissioner Wiscombe: Yea
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Commissioner Sherar:
Vice Mayor Palmer:
Commissioner Birts- Cooper
Mayor Russell:
Yea
Yea
Yea
Yea
7 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
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(None)
RESOLUTION (S) /PUBLIC HEARING (S)
Resolution No. 129 -04 -11908
6. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
ALLOW FOR THE CREATION OF TWO BUILDABLE LOTS AS
PERMITTED BY PROVISIONS SET FORTH IN SECTION 20- 4.2(B)
OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION
28 -4 OF THE MIAMI DADE COUNTY CODE PERTAINING TO A
WAIVER OF PLAT FOR PROPERTY LOCATED AT 6706 SW 67
AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN "RS -1" ESTATE
RESIDENTIAL ZONING USE DISTRICT; PROVIDING FOR A LEGAL
DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
and Commissioner Wiscombe to approve this item.
Mr. O'Donniley explained that this is a request for a waiver
of plat to divide a 2.23 acre tract of land located at the
above - referenced address. The applicant wishes to divide the
tract into one parcel with 48,164 sq. ft. and another one with
49,188 sq. ft. Both parcels would be oriented towards SW 67th
Street. Staff's observations provide that the proposed waiver
of plat would create two single residential properties zoned
RS -1, which will exceed the RS -1 minimum required lot size and
street frontage. Planning and Zoning staff recommends that the
applicant must construct a pedestrian sidewalk on SW 67th Avenue
in accordance with Miami Dade County standards. The Planning
Board recommends that all non - conforming yard features are to
be removed prior to any new construction; and, that the
applicant must replace the current pedestrian walkway on the
west side of SW 67th Avenue with a bike -path built to County
standards.
At this point Mayor Russell opened and closed the floor for
public hearing with no speakers.
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Commissioner Wiscombe said that he is familiar with the area
and that the bike -path used to be there; it was dipped down
along the guardrail and it was kind of a rare place along
Ludlam where the Street was higher than the property. He said
that he is pleased to hear that the property will be fixed now
and also because of the fact that this large piece of land will
be divided into large parcels.
Commissioner Sherar said that he would like to see the
character of the property to be kept the way it is. He then
inquired about the pond and Mr. O'Donniley said that the pond
should be removed because that is an encroachment on the
property. Mr. O'Donniley said that the pond is partially
natural and partially manmade. Commissioner Sherar also
inquired as to whether there is potable water on the property.
Mr. O'Donniley said that he recalls the property being on
septic but did not know whether it is on well water. Mr.
Balogun said that with every new development the County will
allow a request for potable water to connect to the
transmission line on SW 67th Avenue.
Moved by Commissioner Sherar to amend the resolution, that
the property owner be required to keep the pond in its natural
state, the motion died for lack of a second.
Then Commissioner Sherar said he was going to propose that
when the sidewalk is rebuilt, that it follows the natural
contour of the land.
Vice Mayor Palmer asked Mr. O'Donniley as to whether this
was part of what staff presented. He said that he believes that
this should be referred to the County and let them deal with
the topography and construction technique that might be
necessary there. He said that the City can express an opinion
but that the County will probably enforce their standards
regardless since it is their road. Commissioner Wiscombe said
that he believes that we have the right to request to the
County to uphold the integrity of the neighborhood as we see
fit and not as they do. He said that our ideas should be
brought across to the County, and he also concurs with
Commissioner Sherar in the sense that the character of the
property, which has been there for a long time, should be
preserved. Vice Mayor Palmer said that her concern has to do
with not holding the owner responsible for the County's part of
it. She said that she does not agree with the type of amendment
that Commissioner Sherar is proposing concerning the sidewalk
because that is within the County's jurisdiction; then,
Commissioner Wiscombe said that we have the right to try to
preserve the character of the City to the best of our ability.
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1 Mr. O'Donniley indicated that the County performs a review
2 and approves the projects based on County standards. There was
3 a resident that testified at the Planning Board meeting that
4 this path was dangerous for bicycles because of the sharp dip
5 in that particular area. Commissioner Wiscombe said that it is
6 dangerous because it has not been maintained. Commissioner
7 Sherar said that there is also an 8 -foot fence encroachment
8 along the path there which makes the whole thing dangerous.
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10 At this point Mayor Russell reopened the floor for public
11 hearing and the speaker was sworn in by Attorney Figueredo.
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13 Mr. Jose Gonzalez, the buyer of the property, and Karen
14 Sevald, the seller, explained that the pond was originally a
15 sink hole. Mr. Gonzalez said that he is keeping one of the
16 parcels for him and that he will build on the other parcel with
17 plans to sell it. Mr. Gonzalez said that with regard to the
18 bike path and the dip that he would do what the County dictates
19 and that he will also be willing to follow the wishes of the
20 Commission.
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22 At this time the Mayor closed the public hearing.
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24 Moved by Commissioner Sherar, seconded by Commissioner
25 Wiscombe to amend the resolution to provide that when the bike
26 path is rebuilt that it be required to follow the natural
27 contour of the land, the motion passed by a 3 -2 vote:
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29 Commissioner Wiscombe: Yea
30 Commissioner Sherar: Yea
31 Vice Mayor Palmer: Nay
32 Commissioner Birts- Cooper: Nay
33 Mayor Russell: Yea
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35 Mayor Russell said that this will go to the County and that
36 they will determine what they are going to do, and we are
37 sending them a message. Mr. O'Donniley said that we will be
38 sending them a message and that we just have to see if the
39 County responds to that message. Commissioner Wiscombe said
40 that he would like for staff to pursue the Commission's
41 request. Commissioner Birts- Cooper said that we need to think
42 about the hazard for children on bikes, and people walking
43 stepping on a big dig which they are not expecting.
44 Commissioner Wiscombe said that the dip is gradual and
45 reiterated that the main problem is that the property has not
46 been cleaned, paved, or maintained at all.
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48 With no further comments or discussion the motion to approve
49 this item as amended passed by a 5 -0 vote:
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Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
At this point Mayor Russell announced a 10- minute
recess. After ten minutes the meeting reconvened.
7. A RESOLUTION OF THE MAYOR &_ CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN
ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET
IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE
USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM
SECTION 20- 4.4(B) (10) OF THE LAND DEVELOPMENT CODE TO
ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED
OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM
SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO
ALLOW REQUIRED PARKING - TO BE LOCATED IN THE FRONT
SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE
DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. -34/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
Mr. O'Donniley explained that Dr. Arthur Colsky is
requesting approval of two parking variances from the Land
Development Code to allow a single family residential building
located at the above- referenced address, to be utilized for
office use. The parking variances are being requested so that
the number of off - street parking spaces provided would be
sufficient to permit the structure to be used for commercial
offices. The Planning Board, at its July 13, 2004 meeting,
adopted a motion by a vote of 4 -1 to approve the requested
variances with conditions. Staff also recommends approval of
the request with the Planning Board conditions.
Commissioner Sherar stated as a disclosure, that he has used
the applicant's uncle as his healthcare provider. Also, most of
his family is under Dr. Colsky's care.
At this point Mayor Russell opened the floor for public
hearing.
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1 Chris Cook - Yarborough spoke regarding the requests for
2 variance. He said that there is no reason for this building not
3 to be designated as a residential building, and he is of the
4 opinion that the building should be returned to residential use.
5 He said that the City had made a mistake sometime in the past and
6 urged the Commission not to allow these variances. He said that
7 the owner of the property would still make a big profit by
8 selling it as a residential property.
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10 Jay Beckman, also against the request, said that he does not
11 believe that the applicant meets the requirements for hardship
12 for two reasons. First, there is a reasonable, productive use of
13 the property; secondly, this is a self - imposed hardship. He said
14 that not only the City made a bad mistake in the past with that
15 property, but that the owner made an equally bad mistake. He
16 urged the Commission not to make a bad situation worst by
17 approving the variances.
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19 Dean Whitman, against the request, said that he is very
20 familiar with this property. He said that the street in front of
21 the property is only 16 feet wide and that there is no swale
22 either, therefore, cars are going to be parking all over the
23 neighbors' properties. He said that the resolution does not
24 mention what the use of this property is going to be. Mr. Whitman
25 said that the request has to be presented with more details.
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27 Mayor Russell asked Mr. O'Donniley what the property is being
28 used for. He responded that he does not believe that the
29 applicant is required to specify the use since he will qualify
30 for any of the uses within the RO district.
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32 Commissioner Sherar asked as to whether our records would
33 show that this is part of an overall zoning change done by the
34 City or if this change had been originated by the land owner. Mr.
35 O'Donniley said that there is nothing on the records indicating
36 that the land owner had requested this change.
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38 Cal Rosenbaum said that he is tired of listening to parking
39 variance requests. He said that there is a silent minority in the
40 City that is `sick and tired' of the parking variances being
41 allowed on a one -by -one basis. If this is what the wish of the
42 people is, why don't we just eliminate the entire parking code,
413 and he urged the Commission to stop giving variances.
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45 Beth Schwartz said that she is against this request for
46 variance since she lives two houses away from the subject
47 property. She said that she has lived there for 13 years and that
48 the property has always been used as residential. She said that
49 the neighbors do not know what the use of this property will be.
50 She said that for the first two years when Dr. Colsky purchased
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1 the property, the property was completely ignored and received
2 four different code violations —at this point she entered copies
3 of the violations into record. After a long recount on the
4 subject, Ms. Schwartz said that the bottom line is that Dr.
5 Colsky should had done his homework before buying this property,
6 and if didn't, it's not our fault; and if you have a hardship
7 because you didn't do your homework, it's not our fault again,
8 and she concluded by saying that they are trying to preserve
9 their neighborhood; and, if the Commission decides to approve
10 this request: the tree stays, only two spaces in the front and
11 two spaces on the side for two employees, stack parking, and that
12 is the only thing that would work as a possibility, but we want
13 to know what is it going to be; other than that, as it stands
14 now, we are all against the variance, she concluded.
15
16 Sharon McCain said that she is for this request because as
17 _soon as she saw it on the Agenda she went ahead and drove around
18 the neighborhood. She said that by the small amount of parking
19 spaces allowed on that property, it is obvious that Dr. Colsky
20 does not plan to build a six -story office building there. It is
21 zoned R0, therefore it means that he can use it as R0. She said
22 that she also noticed there are seven signs as you enter on SW
23 70th Street. She said that these signs are unnecessary since
24 nobody goes down on that street. She said that she also would
25 like to know what the use of the property is going to be,
26 however, she believes that Dr. Colsky has the right to use it as
27 an office or as a house. Contrary to what you heard here, there
28 is not going to be infiltration into the neighborhood. The only
29 people going down there are the people going to Dr. Colsky's; and
30 even the people who work on SW 6210 will not even come down that
31 far because they have their own parking lot, she added.
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33 Dr. Colsky said that he has been listening while his
34 character is being impugned and his motivation is being
35 challenged. He said that the comments that he has heard are
36 completely false. For instance, before he even purchased the
37 property he personally spoke with Subrata Basu together with his
38 real estate agent, Gary Illas who was a member of the initial
39 hearing, however, Mr. Illas recused himself during that hearing a
40 couple of weeks ago. He said that after reviewing the property,
41 Mr. Basu told him that he could certainly use it as a medical
42 office which it was his initial intent. He said that after a
43 while it became clear that these restrictions were present and it
44 was a difficult task to use it as a medical office. He said that
45 the initial request for variance back in the 80's was actually
46 discussed with the Planning Board and was actually supported by
47 the Planning Board. During his discussions with former Planning
48 Director, Mr. Lorber, he found that the reason that it did not go
49 through is because the owner of the property began to request
50 additional variances. The building is already zoned RO
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(residential office). He said that during the hearing a couple of
weeks ago, one of the Board members at that meeting said that
this property was actually used as a commercial use in the past,
and this property is surrounded on three sides by commercial
uses. Therefore, it is a unique property and it is not by any
means going to impinge on the residential character of the
neighborhood, and that brings me to the reason for these
variances, he said: if I wanted to use the property I wouldn't
have to approach the City for a variance because the property is
already zoned for R0. I can simply raise the structure,
reconfigure it, and use it without having to come here tonight,
but my intent is to preserve the character of that property. I'm
the best friend of the community and they do not even know it,
because if the variances do not pass, the only thing left to do
is to raise it and put up a commercial structure with the parking
and the appropriate configuration. My intent is not to do that,
my intent is to preserve the structure as a house, the appearance
of a house with landscape. I went to a considerable time and
expense and invested in a landscaping plan to make the property
much more appealing than the surrounding residences. In addition,
the fact that there were code violations, he said that he was in
a hostile neighborhood and he was being targeted on a continual
basis. He said that these variances are made in the best interest
of the neighborhood. He said that he met every objection that was
imposed on him. He agreed to restrict the use and said that his
intent is to use it as a business office and that he gave up the
right to use it as other uses. He said he did all of this because
his intent is to keep that as a residential character and if he
is not allowed to do that, then he has the right to reconfigure
the structure and use it for his business office, but that he
does not really want to do that because he likes it the way it
is. The reason for his request for these variances is so that he
can preserve the character of the neighborhood, he concluded.
Valerie Newman said that she, along with the people that have
spoken tonight, lives in that neighborhood and that they all have
an invested interest in what happens to this property. She said
that there are not seven signs directing 'people off of 63rd
Court. There are signs there because of the serious problems they
had with intrusion into their neighborhood, and even with all
those signs people cut through the one -way section the wrong way
everyday of the week. Everyday of the week someone takes an
illegal turns on 62nd Court even though there are seven signs
directing them not to do it. She said that she is part of the
minority in the City that is "sick and tired" of parking
variances. She said that maybe what they should do is demand
residential parking decals just like somebody else has and that
will solve their problem.
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Todd Norbraten said that
with it being used as it is
problem with some compromise
would like to keep the oak
property being a model for
cannot say that is true.
he really does not have a problem
zoned, and that he does not have a
made on its parking situation. He
trees there, but as far as this
the neighborhood he said that he
At this point the Mayor closed the floor for public hearing.
Mayor Russell asked- staff as to whether more restrictive
language could be added to the resolution; and, in the event that
the Commission were to grant the variances this evening, could
they include that they have the right to revoke it if it proves
to be a nuisance and harmful to the surrounding neighborhood. If
we find that there is an overflow parking on the street. She
asked as to what would be our rights and if that has been done
before. Mr. O'Donniley said that this has been done with special
uses but not with variances. Variances tend to run with land and
remain a restriction on future owners as well as this owner, and
grant privileges to future owners as well as this owner.
Commissioner Birts- Cooper commented that since this is a dead
end - street, then from where the overflow is coming.
Mayor Russell said that she has no idea and no concept of
what is going to be there. I can only imagine that it is going to
be used as a residential office and the concern that the
residents have is that there will be overflow parking. If there
are 4 -5 spaces on the properties and 6 -7 cars visiting, the extra
cars will have to park some place and there is not going to be
space on the property. I believe that this is the primary concern
that I'm getting this evening, the Mayor said.
Mr. O'Donniley indicated that by restricting the number of
uses tied to the parking that can be provided here, we are
substantially addressing that. The gentleman did say that his
intent is to use this for a medical business office, and if I
recall his explanation clearly before the Planning Board, he
intends to use it to storage his medical records, Mr. O'Donniley
said that this is the recollection of what Dr. Colsky stated.
However, we have the authority to restrict parking on the street
if we post it, and if that becomes a problem, it can then be
addressed by the Commission. The required parking for residential
structure is two, and here we are looking at four spaces. He said
that the basis for variances in zoning is where you can
demonstrate a specific hardship relative to the property you are
looking at. Dr. Colsky's argument is that he has a building that
is zoned for R0, it is a small lot, there is no way that he can
accommodate the required parking and keep the building and the
trees that are there; therefore, he is asking for the variances
REGULAR CITY COMMISSION
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15
1 in order to utilize the existing structure and preserve the two
2 trees. That is the basis of his variances.
3
4 Vice Mayor Palmer said that her concern is that previously,
5 all the variances that have come to this Commission, clearly
6 state what they are for. She said that there is nothing here that
7 describes what this is going to be used for.
8
9 Mr. O'Donniley explained that the specific request here is
10 for a variance to remove one required parking space and be
11 allowed to park in the front yard. Mr. O'Donniley said that this
12 is the only zoning district that does allow parking within the
13 required front yard.
14
15 Commissioner Wiscombe said that this has been a very
16 difficult area with the particular entrance way. He said to agree
17 with Ms. Newman on the disregard for `no entry' signs and people
18 just going in illegally. However, since it is loaded up with
19 signs, those boulders would have been more constructively used
20 putting them across the street for `no entry' for the purpose of
21 blocking off the entrance, that way separating the residents from
22 the office area. And then, as a gentleman suggested, install
23 parking meters in that area because obviously more parking is
24 needed. He said that he would really hate to see Dr. Colsky tear
25 down the building and build another office building in there,
26 because it could be done. He said that one of the things that he
27 is concerned about is that several of this type of doctor offices
28 on 63rd and 64th that they really encroach into the neighborhood,
29 with people parking all over the place. He said he agrees with
30 Mr. Rosenbaum in the sense that we have to stop this whole
31 parking variance thing.
32
33 Commissioner Sherar asked as to what would be the side
34 setback in RO. Mr. O'Donniley said that the front is 25, the side
35 interior is 10, and the rear is 20. He then asked as to whether
36 this was a City- originated zoning change or whether or not it was
37 an owner- originated zoning change. Mr. O'Donniley said that he
38 does not know, but said that since the adjacent property is zoned
39 that way he would presume that it was all done at the same time.
40 One of the Planning Board members felt that there had been a
41 daycare center in this area and that was a permitted use, and
42 there is some disagreement about exactly how this building
43 relates to that daycare but some said that it was used as a
44 classroom, and others not, but apparently that may have had some
45 influence on the zoned district.
46
47 Mayor Russell reopened the floor for public hearing in order
48 to have the next speaker on the record.
49
REGULAR CITY COMMISSION 16
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1 Mr. Whitman referred to a letter he wrote to Mr. Lorber about
2 this issue three years ago. He said that this was rezoned along
3 with other properties, but said that he did not know as to how it
4 was initiated.
5
6 Commissioner Sherar said that the front setback issue does
7 not bother him. As to the number of parking spaces, he said to
8 agree with Commissioner Wiscombe and with Mr. Rosenbaum, in the
9 sense that they need to stop giving variances. He said that this
10 is why he is concerned about whether or not this zoning change
11 was initiated by the City.
12
13 Mayor Russell said that the point is that they do not have
14 any recourse. If they were to grant it and find that there is a
15 tremendous intrusion, we would have just granted something that
16 will carry with the property, she said, and if it is ever going
17 to be reverted back to residential, it becomes less likely if we
18 grant the variance now. Parking is an issue for all of us in the
19 City and we cannot make exceptions to parking requirements, it
20 becomes bad policy. I understand the situation is a little
21 different, the Mayor continued, and we need to make decisions
22 based on each presentation case by case.
23
24 Attorney Figueredo said that the Commission is charged with
25 basically making a factual finding that there is a hardship, and
26 that is what warrants the granting of a variance. Therefore, if
27 he could develop the property by raising the building, then he is
28 not being denied the reasonable use of his property because he
29 has an option. He said that an alternate development it almost
30 overcomes the finding of a hardship because he is not being
31 denied the reasonable use of his property.
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33 Vice Mayor Palmer said that throughout all the discussion,
34 she still is not sure as to whether they have established
35 hardship. Mayor Russell said for clarification, that it seems
36 that the property owner feels that he can make use of the
37 property by raising the existing structure. Planning tells us
38 that because of the type of zoning and the uses that are allowed
39 there, that if he raises the structure he can only build in the
40 same footprint. Mr. O'Donniley said that he would be restricted
41 to the same height as well. Mayor Russell said then if it cannot
42 get any taller, there is a hardship. Therefore, we have
43 determined that there is a hardship on the property owner, and
44 that is the factual information that we were searching for, Mayor
45 Russell said. Commissioner Sherar said "I don't think we have
46 determined that there is hardship on the owner," "I did," said
47 the Mayor, "I didn't," said Commissioner Sherar. The Mayor asked
48 Mr. O'Donniley to explain one more time what he just made clear
49 to them. Mr. O'Donniley said that when we get to the
50 nonconforming use provision of our Code, it deals with both
REGULAR CITY COMMISSION 17
MINUTES — August 3, 2004
I nonconforming lot and the nonconforming structure; first, to
2 build a new structure you need to comply with the lot area which
3 you cannot; therefore you are looking at the nonconforming
4 structure provision which says is the exact footprint and
5 building area as it exists. That is what has been ruled before,
6 per our City Attorney as I understand it; therefore, if he would
7 demolish it he could modernize the exterior of the building but
8 it needs to be based on the same footprint.
9
10 Commissioner Sherar said that then it goes back to the self -
11 imposed hardship because he bought the building as a
12 nonconforming building. Mr. O'Donniley said that the inability to
13 use it as an office building has been tied to the parking issue
14 all along, and the letter that was submitted clearly states that
15 the City's Comprehensive Plan was changed back in 1992 to
16 designate the subject property for office use. Subsequently, the
17 zoning for the property changed in 1988 to R0; so it appears that
18 the City initiated the change. Commissioner Sherar then said that
19 they should defer it, because that would affect his vote. If this
20 was part of an overall scheme, and there was a change in the Comp
21 Plan; one person owned a whole bunch of this property, had
22 everything changed at once and parceled this piece out, and that
23 would be one consideration. Because if the City went in there and
24 not only changed the Comp Plan, but also went in there and
25 imposed a change, then I would vote differently; therefore, based
26 on what he said, Commissioner Sherar indicated that he would move
27 to defer this item and ask staff to research that issue.
28
29 Moved by Commissioner Sherar, seconded by Mayor Russell, the
30 motion to defer 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
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39 Mayor Russell urged the Commission to speak with staff
40 individually, and have a complete understanding of this so that
41 they could take care of it in a couple of minutes at the next
42 meeting.
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44 At this point, Mayor Russell moved to defer the next item
45 and directed that it be placed in front of the Agenda at the next
46 meeting. Vice Mayor Palmer requested that the previous deferred
47 item relating to the parking variance request, also be placed in
48 front of the next Agenda.
49
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RESOLUTION (S)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ADOPTING CERTAIN LAND USE
AND DESIGN POLICIES RELATED TO THE "62 AVENUE CORRIDOR
CHARRETTE" A REPORT RESULTING FROM A NOVEMBER 23, 2002
CITY SPONSORED CITIZENS PLANNING EVENT; SAID DOCUMENT
HAVING BEEN PREPARED BY THE UNIVERSITY OF MIAMI SCHOOL
OF ARCHITECTURE; AND DIRECTING THE PLANNING DEPARTMENT
TO INITIATE LAND DEVELOPMENT CODE AMENDMENTS NECESSARY
TO IMPLEMENT ADOPTED POLICIES AND RECOMMENDATIONS;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Russell, the motion to defer this item
unanimously passed by acclamation.
Resolution No. 130 -04 -11909
9. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO SPECIAL MASTER
SERVICES; REAPPOINTING ENRIQUE ZAMORA, ESQ., CAROLYN Y.
HOWARD, ESQ., AND MAURICE DONSKY, ESQ. AS SPECIAL
MASTERS FOR THE CITY OF SOUTH MAIMI AT A RATE OF $100
PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED TO ACCOUNT
#001- 0000 -341 -9040 ENTITLED "CODE ENFORCEMENT FINES
REVENUE ACCOUNT "; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
Commissioner Sherar, who pulled
Agenda, said that this is basically
not believe in the Special Masters
system was put in place because the
Enforcement Board was giving people
find everyone guilty.
this item from the Consent
his protest because he does
System. He said that the
City thought that the Code
breaks, while these people
Mayor Russell said that she had the opposite reaction from
the people who have sit before the Special Master, telling her
what a fair process this is. She said that she has not heard any
complaints, but Commissioner Sherar said that he has.
Commissioner Birts- Cooper asked how long the system has been
in place and Mayor Russell answered that it has been in place
approximately for one year.
REGULAR CITY COMMISSION
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With no further comments or discussion, the motion to approve
this item 'passed by a 4 -1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 131 -04 -11910
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH 6141 SUNSET
DEVELOPMENT, LLC FOR DISCHARGING ONSITE DRAINAGE
(STORMWATER) INTO OFFSITE DRAINAGE FACILITIES TO BE
CONSTRUCTED AND MAINTAINED BY 6141 SUNSET DEVELOPMENT,
LLC IN PERPETUITY; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe, to approve this item.
Commissioner Sherar, who pulled this item from the Consent
Agenda, explained that there is a technical error in the
agreement. Attorney Figueredo recommended that instead of making
the Agreement perpetual, it should be a 30 -year Agreement with an
automatic renewal at expiration, every thirty years. The
automatic renewal would only ask for refilling of the notice. The
new language recommended by the Attorney would be added under
Section 10 of the Agreement as 10.3.
Moved by Mayor Russell, seconded by Commissioner Sherar, the
motion to approve this item as amended passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(None)
ORDINANCE (S) FIRST READING
REGULAR CITY COMMISSION 2 0
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2 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROCUREMENT
4 OF PROFESSIONAL SERVICES; AMENDING SECTION 2 -78
5 (A) (B) (C) (E) AND (F) OF THE CODE OF ORDINANCES ENTITLED
6 "SELECTION OF PERSONS QUALIFIED, INTERESTED AND
7 AVAILABLE; PROVIDING FOR CODIFICATION, PROVIDING FOR
8 CONFLICT, PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE
9 DATE." 3/5
10 (Commissioner Birts- Cooper)
11
12 Moved by Vice Mayor Palmer, seconded by Commissioner
13 Wiscombe to approve this item.
14
15 Commissioner Birts- Cooper said that she thought that this
16 ordinance would be a good idea in order to be able to terminate
17 contractors with whom we are not satisfied, instead of having to
18 wait until their contracts expire. Also, this would serve in
19 order to create some fairness in the selection of contractors.
20
21 Vice Mayor Palmer said that the City does go through the
22 process of Request of Proposals (RFP's); therefore, she asked
23 Commissioner Birts- Cooper what she really wants to accomplish
24 with this ordinance. Commissioner Birts- Cooper said that she
25 would like for the RFP' s to go through a committee, which we do
26 not have in place now, and that she feels that the Commission
27 should be part of it, then each of them can select one person to
28 serve on that committee in order to review the RFP's.
29
30 Commissioner Birts - Cooper said that right now the Commission
31 does not have a part in reviewing our professional services. She
32 said that it is always the same people participating in the
33 selection committees and that she feels that this ordinance is
34 necessary in order to create some fairness regarding the
35 selection process for contractors.
36
37 Vice Mayor Palmer said that for instance she would not be
38 the right person to sit in a committee to select an engineering
39 firm since she would not be familiar with that field.
40
41 Moved by Commissioner Sherar, seconded by Mayor Russell the
42 motion to extend the meeting until 11:15 p.m. passed by a 5 -0
43 vote:
44
45 Commissioner Wiscombe: Yea
46 Commissioner Sherar: Yea
47 Vice Mayor Palmer: Yea
48 Commissioner Birts- Cooper: Yea
49 Mayor Russell: Yea
REGULAR CITY COMMISSION 21
MINUTES — August 3, 2004
1 Vice Mayor Palmer asked Commissioner Birts- Cooper as to
2 whether she was not satisfied with the existing process.
3 Commissioner Birts- Cooper said that she is not since the
4 Commission does not have a part in it.
5
6 Mayor Russell explained that all the final results of the
7 selections are brought before the Commission for their approval
8 and all the bids are included in the packet for review.
9 Commissioner Birts- Cooper said that this is a measure just to
10 protect the City, and that she also feels that contractors should
11 be evaluated on a yearly basis.
12
13 Ms. Davis said that generally all of our contracts have a
14 provision for faulty job performance and there is a remedial
15 process which provides that we have to put them on notice if they
16 are not performing properly. If they are not performing properly
17 after they have been put on notice, then we have termination
18 clauses in the contracts.
19
20 Commissioner Wiscombe said that one of the good aspects of
21 this proposed ordinance is that this Commission has a say in
22 appointing their particular person to sit on the selection panel.
23 This has come into question in the past, as in the selection
24 committee for the tennis courts, where there should have been
25 someone from the Parks and Recreation Committee on that panel.
26 However, he said that what he would not like to do is to start
27 reviewing RFP's and RFQ's because that is the City Manager's job.
28 He said that he does not want to start micromanaging what should
29 be done here, but as far as the selection process is concerned,
30 there is a valid point here and it should be well rounded and
31 fair and everybody should be represented. He said that he
32 understands that Kathy is on every one of them because she is the
33 Purchasing Agent; but then, it also allows the Commission to
34 bring in people who they feel are qualified to help make those
35 decisions. Furthermore, other than Kathy who is the initial
36 person involved in it, it takes some of the employees out of the
37 mix, and that is not a bad thing. Commissioner Wiscombe then said
38 that with the permission of Commissioner Birts- Cooper, he would
39 like to move to defer this so that they may get some
40 clarification on some things since there are some cloudy issues
41 here. He also believes that they need to sit down and review the
42 process. He said that he is neither for nor against the
43 ordinance, but what he means is that there is some merit on what
44 has been brought forward and that he would like to take the
45 chance to review it further.
46
47 Moved by Commissioners Birts- Cooper and Sherar, seconded by
48 Commissioner Wiscombe, the motion to table this item passed by a
49 5 -0 vote:
50
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Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
COMMISSION REMARKS
Every member of the Commission was afforded the opportunity
to make comments.
There being no further business to come before this Body,
the meeting adjourned at 11:10 P.M.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES — August 3, 2004
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Approved
Mary Scott Russell
Mayor