09-21-04 Item 1bDRAFT
1 City of South Miami
2 Regular City Commission Minutes
3 August 17, 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, August 17, 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 Velma Palmer, and,
14 Commissioners Randy G. Wiscombe, Marie Birts- Cooper and Craig Z.
15 Sherar.
16
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
27
28 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
29
30
1. a) Minutes of July 20, 2004
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Moved by Commissioner Wiscombe, seconded
by
Vice Mayor
33
Palmer and Commissioner Sherar, the motion to approve
the Minutes
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of July 20, 2004 passed by a 5 -0 vote:
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Commissioner Wiscombe:
Yea
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Commissioner Sherar:
Yea
38
Vice Mayor Palmer:
Yea
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Commissioner Birts- Cooper:
Yea
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Mayor Russell:
Yea
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42
b) Minutes of July 27, 2004
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Moved by Commissioner Wiscombe, seconded
by
Commissioner
45
Sherar, the motion to approve the Minutes of July
27,
2004 passed
46
by a 5 -0 vote:
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2 Commissioner Wiscombe: Yea
3 Commissioner Sherar: Yea
4 Vice Mayor Palmer: Yea
5 Commissioner Birts- Cooper: Yea
6 Mayor Russell: Yea
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8 2. City Manager's Report:
9
10 a) Notification of requirement for Special Meeting to
11 hold second reading of ordinances relating to
12 Charter amendment.
13
14 Ms. Davis explained that in the event the ordinances
15 relating to Charter amendments pass on first reading tonight, we
16 will need to schedule a `special meeting' for August 31, 2004 at
17 6:00 p.m. in order to meet the County's deadline to place the
18 referendum on the ballot for the November 2, 2004 presidential
19 election. Mayor Russell requested that the special meeting be
20 held on Monday the 30th at 8:30 p.m. instead.
21
22 Commissioner Sherar said that he was surprised by all the
23 problems that were brought up in relation to the proposed Charter
24 amendments, since we have gone through this exercise once before.
25 He said that he has questions with regard to the interpretation
26 of Florida Statues on the report. He then said that he is
27 thinking of putting in a moratorium for six months to a year
28 while the questions relating to the referendum are resolved.
29
30 b) Rebuttal of letter published in the Neighbor's
31 Soapbox, dated August 8, 2004.
32
33 Ms. Davis indicated that she would be setting the record
34 straight regarding some of the misinformation that was contained
35 in the above - referenced letter entitled "Officials pay raises are
36 not justified," and it is regarding City Manager seeking raise
37 August 1St. Ms. Davis went point by point on allegations made in
38 the letter which she indicated that were misleading and false.
39
40 3. City Attorney's Report
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42 Attorney Figueredo indicated that he only had one
43 informational item. He said that they have been conducting
44 negotiations and he proposed to schedule an executive session
45 with the Commission to discuss a potential settlement of the MRP
46 litigation. At that session we will go through the settlement
47 documents and agreement, and if directed by the City Commission
48 at that session then we will agenda the item for public hearing.
49
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Commissioner Sherar asked the City Attorney to have them
send him a copy of the Memo on the motion to dismiss referred on
the Kurzban Kurzban statement attached to the resolution for
payment (Item No. 10 on the Agenda).
There being no further comments or discussion, the City
Manager's Report concluded.
At this point Mayor Russell asked for the Commission's
support to request that the comments of public remarks be kept at
two minutes, unless someone has something to say that will need
some more time. The Commission unanimously agreed with the
Mayor's request.
PUBLIC REMARKS
(5- minute limit)
David Tucker Sr. started by saying "don't squeeze the infill
developments; don't squeeze the residents; don't squeeze the open
air circulation, and for God's sake, don't squeeze the traffic.
He was referring to the 62nd Avenue Charrette and the proposal to
narrow of the street.
Reverend Gay spoke in support of Joe Gibson, James McCants,
and the CRA. He said he wished to publicly thank Reverend William
Greene for his ministry at St. John's. Rev. Gay then referred to
a recent visit to the devastated areas by Hurricane Charley where
he delivered supplies collected by the Church. He urged the
Commission not to allow the African- American community to be
neglected. He said that due to repeated loud and belligerent
comments experienced at some of the meetings, he is officially
resigning from the CPA Advisory Board.
A lady read a statement from neighbors Virginia Walsh,
Ileana Sierra, Jorge del Rio and Roberto Machado, in opposition
of any proposals to increase the allowed building height and
density to the existing 62nd Avenue Corridor. She then referred
to a letter from the Neighbor's Soapbox from Teresa Fernandez-
Burke, containing negative innuendoes towards our City.
Walter Harris referred to the possible purchase of the YMCA
for $4 million. He then spoke about the proposed Charter
amendments referring to the Planning Director's report indicating
that the proposed amendments contradict the Comp Plan, but that
it could be easily rectified. He then urged the Commission to get
it on the November ballot.
Cathy McCann said to be surprised to
property purchase and that it appears to
would happen in 60 -90 days. She said that
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learn about the YMCA
be a done deal which
she was also amazed to
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hear that a PUD is a done deal at the Abraham property. She said
that in order to be informed about what is happening in South
Miami she has to read three or four different newspapers.
Levy Kelly spoke in support of development on 62nd Avenue
since this will be good for the community, he added. He said to
applaud the effort of the police to get the community rid of
drugs; however, he said that the police must try to get closer to
the community in order to establish better communication. People
get scared during these drug bust operations with officers
wearing masks and so on.
Yvonne Beckman said that the City is liberally using the
People's Transportation taxes with something that has anything to
do with transportation. She also referred to the taxes and other
fees that the citizens pay in South Miami, the millage rate at
7.3, $50 for the alarm fee, $50 for the garbage can, and said she
wonders who is looking out for the residents. She also mentioned
the raise for the Manager and said that the tool to evaluate the
Manager is very vague as presented. About the Charrette she said
that the people spoke and that they do not want more than two
stories next to residential and urged the Commission to vote for
the Citizen's Report.
Philip Stoddard said that he believed that the millage rate
should come down in order to have support from the residents for
land acquisition.
Tim Merker referred to a tree service he saw trimming limbs
from some 50 -foot high trees in the backyard of the property
located at 7500 SW 57 Court. He was informed by one of the
workers that they planned to remove the trees when they finished
trimming. The purpose of this is to build some townhouses on that
property, which will require a zoning change of that land. He
then contacted the Code Enforcement Department, he said, where he
was informed that there was no tree removal permit issued.
Michael Davis spoke in reference to the City Manager's
response to his wife's letter in the Soapbox. He said that the
reason for his wife not returning the Manager's call is because
they had just returned from a trip. He said that on several
occasions he had approached the Manager and also Code Enforcement
regarding what he believes to be an infringement of his privacy
and rights and that it took two weeks to get a response.
Kevin Hurley spoke about the 62nd Avenue Charrette urging
the Commission to keep the building height at two stories. He
al -so referred to the parking variance request on the Agenda.
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Jerry Coburn spoke regarding the traffic and indicated that
some decisions made by prior a Commission have resulted in very
hazardous situations; for instance, around the hotel area where
sidewalks have been extended and palm trees have been planted.
They have busses with tourists and airline personnel coming in
everyday making the area very dangerous. He then referred to the
62nd Avenue Charrette saying that he is surprised to see so much
vacant land there waiting to be developed.
Court Norris spoke with reference to zoning saying that he
had bought a property in the City a couple of years ago and he
now finds that the future seems uncertain when it comes to zoning
changes which might affect his property and which is beyond his
control.
Eda Harris said that the Commission seems bored while
listening to the speakers. Besides, she said that in her opinion,
is totally disrespectful that some members of the Commission
leave the room while people are addressing the Commission. She
then urged the Commission to vote for the referendum in order to
save the City money by having it placed on the November ballot.
In reference to the Charrette she said that she supports all the
people who have spoken against density, and height over two
stories. Regarding the Manager's salary she said that the reason
she was in favor of hiring Ms. Davis was to perform well and that
she sees nothing extraordinary about it. She also said that the
Manager should have an evaluation done. She then indicated that
there is a very powerful attorney that is preparing quite a few
suits and one of them is against the City with relation to the
election.
Bill Bown said that he lives in the Charrette area and spoke
against building above two stories. He also referred to the item
relating to the request for parking variances indicating that
this property has always been residential.
Lynn Westall spoke against density and in favor of
preserving the residential character of her neighborhood.
Jorge Milian spoke against development and urged the
Commission to listen to the people of this community and what
they are asking.
Beth Schwartz also spoke about the 62nd Avenue Charrette.
She submitted photos of a three- story building that stands behind
her property to demonstrate what a building of that height looks
next to residential. She reminded the Commission that the
Planning Board- at its meeting of October 28th voted for 26 feet
in height. She said that property values in South Miami are going
up even without the help of developers such as Mr. Tim Hernandez.
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1 She then referred to the item on the Agenda relating to the
2 parking variance saying that the owner of that property wants to
3 build on public right -of -way, and that ultimately he has no
4 hardship. She also spoke about the Manager's raise saying that
5 she deserves it for a job well done.
6
7 Ross Saunders, running for the State Senate seat, District
8 #39 said that he had been observing all the people who spoke and
9 that is democracy in action. He said that the experience had been
10 very educational for him. He is running because he feels that the
11 people of District #39 deserve their fair share of State dollars
12 for education, transportation, healthcare and things like that.
13 He said that he knows where the dollars are and how to get them
14 and hopes to have the opportunity to work with this Commission to
15 get those dollars for South Miami.
16
17 Chris Cook- Yarborough referred to the parking variance
18 saying that what the Commission needs to determine is as to
19 whether there is hardship on that land. And the next question is
20 who the hardship is for. He said that the hardship is clearly on
21 the neighborhood and on all the residents who live there, and it
22 is also a hardship for the City because this has been going on
23 for years. He said that if there is another use for which the
24 building can be used without a variance then there is no hardship
25 on that building. With regard to the 62nd Avenue charrette he
26 said that the question is, what is allowed to be built there now
27 and what is the value of the property now. He said that any
28 decision that the Commission makes on this will affect the value
29 of the property on that area.
30
31 Al Elias said that in reference to the raises for the
32 Commission he has been in favor of this for many years. He said
33 that it is not fair to expect them to dedicate hours upon hours
34 away from their home and business and not be compensated for it.
35 He said that he is concerned about the taxes in reference to
36 South Miami and the tax base going up, indicating that we must
37 have control on development. With regard to 62nd Avenue he urged
38 the Commission not to narrow the street just to satisfy a handful
39 of homeowners.
40
41 Sharon McCain referred to certain cases in which senior
42 citizens have been forced to sell their houses because of being
43 unable to afford the high taxes. She said that she is paying
44 $3,400 a year in taxes. She spoke in favor of development on 62nd
45 Avenue. About the City Manager's request for a pay raise she said
46 that she contacted the Florida City Manager's Association
47 regarding the evaluation and found that the there were additional
48 forms of this type which were not included with the resolution
49 for the Commission to decide for themselves which one they wanted
50 to use. She said that she is one of those who are not happy with
REGULAR CITY COMMISSION 6
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1 the City Manager. She also said that it has been a year since the
2 phasing out of the police take -home cars was discussed and she is
3 still waiting to hear when this is going to take place. She then
4 said that she does not understand why everybody seems to know
5 about her record requests. She referred to an email from the
6 Manager to Yvonne, dated June 7th, about obtaining the
7 transcripts from former Mayor Feliu's trial and that they still
8 have not seen the transcripts. She then said that the involvement
9 of Ms. Davis in the issue relating to Feliu's arrest was improper
10 according to the Code of Ethics. She said that the Manager should
11 have allowed Mr. Gallop to take care of it and not get involved.
12 She urged to hold on to the raise until all the questions
13 regarding the budget have been clarified.
14
15 Valerie Newman said that she was fortunate enough to be on
16 the selection committee that went through over 200 resumes in the
17 search for a city manager. Each and every one of those 200 plus
18 applications was carefully reviewed over a period of six weeks.
19 The committee then conducted phone interviews with the most
20 likely candidates and from there they narrowed it down to face -
21 to -face interviews. She indicated that the majority of them were
22 women, and that no man would be seating on that chair at the
23 salary that we are paying Ms. Davis. She said that she saw what
24 the salary expectations were for most applicants, from $140 -$170.
25 As far as what the Manager has done, Ms. Newman said that when
26 Ms. Davis took over this job, which none of the other applicants
27 wanted, the City was $1.4 million in the hole, and with $600,000
28 in the reserve. We are now out of the hole, and we have replaced
29 the contingency fund. We had garbage trucks that broke down, and
30 employees who had to use their personal credit cards because the
31 City had none.
32
33 After there were no more speakers, the Public Remarks
34 section was closed. At this time Mayor Russell announced that the
35 Budget Workshop had been schedule for Thursday, August 19th at
36 6:00 p.m.
37
38 Mayor Russell, with approval by acclamation from the
39 Commission, requested that the following two resolutions, the
40 first one relating to two parking variances for property at 6230
41 SW 70th Street; and, the second one relating to the "62nd Avenue
42 Corridor Charrette" be moved up on the Agenda.
43
44 RESOLUTION
45 4. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
47 APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN
48 ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET
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I IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE
2 USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM
3 SECTION 20- 4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO
4 ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED
5 OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM
6 SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO
7 ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT
8 SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE
9 DISTRICT: AND ROVIDING FOR AN EFFECTIVE DATE. 4/5
10 (Deferred 8103104 - 8117104)
11 (City Manager)
12
13 Moved by Mayor Russell, seconded by Commissioner Wiscombe
14 to defer this item.
15
16 Attorney Al Dotson, representing applicant Dr. Colsky,
17 addressed the Commission requesting that this item be pulled and
18 deferred until further information may be obtained from the City
19 Manager regarding hardship.
20
21 Commissioner Sherar asked Mr. Dotson to call him at his
22 office to discuss this issue. Attorney Figueredo advised that he
23 could not do that. Then, Commissioner Sherar said that he is
24 basically against any parking variance.
25
26 With no further comments or discussion, the motion to defer
27 this item passed by a 5 -0 vote:
28
29 Commissioner Wiscombe: Yea
30 Commissioner Sherar: Yea
31 Vice Mayor Palmer: Yea
32 Commissioner Birts- Cooper: Yea
33 Mayor Russell: Yea
34
35 Resolution No. 132 -04 -11911
36 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
37 CITY OF SOUTH;MIAMI, FLORIDA ADOPTING CERTAIN LAND USE
38 AND DESIGN POLICIES RELATED TO THE "62 AVENUE CORRIDOR
39 CHARRETTE" A REPORT RESULTING FROM A NOVEMBER 23, 2002
40 CITY SPONSORED CITIZENS PLANNING EVENT; SAID DOCUMENT
41 HAVING BEEN PREPARED BY THE UNIVERSITY OF MIAMI SCHOOL
42 OF ARCHITECTURE; AND DIRECTING THE PLANNING DEPARTMENT
43 TO INITIATE LAND DEVELOPMENT CODE AMENDMENTS NECESSARY
44 TO IMPLEMENT ADOPTED POLICIES AND RECOMMENDATIONS;
45 PROVIDING FOR AN EFFECTIVE DATE. 3/5
46 (Deferred 8103104)
47 (City Manager)
48
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Moved by Mayor Russell, seconded by Commissioner Wiscombe
to approve this item.
Mr. O'Donniley explained to the Commission by going over the
staff's report as to the existing regulations on 62nd Avenue
Corridor; Analysis of Charrette Report /Citizen's Report; Planning
Board Actions/ and, Implementing Charrette Recommendations. The
Mixed -Use Commercial / Residential land -use category mandates
mixed use; 4 -story height; FAR of 1.6; and 24 units per acre. At
the end of his report, the Commission was referred to the policy
decision chart prepared by staff, showing the decisions /
recommendations made throughout the Charrette process, by UM, the
Planning Board, The City Commission (Preliminary responses); and
by the Administration.
Mayor Russell said that the requirements call for every
building having both residential and commercial components, with
commercial at the bottom and residential on top in every single
building on the entire block, and she said that this is not what
she heard from the residents. She believes that the residents
wanted more residential and some commercial use. Mr. O'Donniley
then read from the Plan: For residential projects, a minimum of
at least one floor must contain retail, and the land use category
is a vertical mix and not a horizontal.
Commissioner Sherar said that the issue that they have not
really discussed is the issue of uses. He said that since a
straight use for residential is not allowed, then, he said, maybe
they need to go back and make a comprehensive use plan change to
allow someone to put in a straight residential project. Mayor
Russell then said that this would mean .sending this item back to
staff without making any decisions tonight, while we have an
angry group of residents out there, who have been to numerous
meetings and they want some answers from the Commission tonight.
On the other hand, whatever they decide tonight will lock
everybody in to the half commercial / half residential horizontal
mix.
Mr. O'Donniley then to answer Vice Mayor Palmer question as
to which uses are really permitted, gave her some examples as to
what is permitted: beauty / barber shop; chiropractic offices;
counseling services; dry cleaning; film processing; insurance
agency; laboratory (medical / dental); mail / parcel center (UPS,
FEDEX -not US mail); therapist; notary public; real estate agency;
travel agency; drugstore; etc.
Vice Mayor Palmer said to have a concern with
while all this development is being discussed,
discussing the possibility of narrowing the street,
as to how this is going to work out. Mr. O'Donniley
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the fact that
they are also
and she asked
said that the
1 general theory is that you reduce the need for making automobile
2 trips if you have shopping opportunities where people can walk
3 and /or bike to.
4
5 With regard to the height, Mayor Russell said that four
6 stories is not an option, and if we do three stories on the
7 street, with the two -story set back, that is something that is
8 almost palatable to some. What we need to do, she reiterated, is
9 to eliminate the four -story option completely right now, as one
10 of our goals. We also need some restrictions on the height of
11 each floor so that we can keep it to a reasonable height and lock
12 it through the EAR process. If we do not have some policy
13 recommendations to you (staff) you cannot be defending our
14 position with the Department of Community Affairs (DCA).
15
16 Commissioner Wiscombe said that he would like to know what
17 the design of the street will be because that would affect his
18 decision.
19
20 Vice Mayor Palmer said that perhaps about thirty percent of
21 the people in the area will sponsor those businesses; therefore,
22 she is concerned about the other seventy percent and from where
23 it will be coming. Mr. O'Donniley said that most motorists on
24 their way back home tend to stop at stores along the way in order
25 to save time. He also said that it is also going to relay to the
26 type of uses operating in there.
27
28 Mayor Russell said that there are still a lot of questions
29 to be answered. For instance, some residents envisioned an all -
30 residential type of project, something like the "French Village,"
31 with sidewalks and landscaping. However, as we continue to have
32 these discussions we find that none of that is possible because
33 of what is required.
34
35 Commissioner Sherar said he would propose to put this item
36 on hold until we complete the EAR process due in September 2005
37 in order to provide more flexibility for development; therefore
38 if somebody wants to put a two -story commercial development in
39 there they should have that flexibility, by making it a mixed use
40 district which we do not have, as opposed to mixed use buildings.
41
42 Mayor Russell said that they need to look at each
43 development on a project -by- project basis, determining FAR and
44 density based on the particular project. She said that without
45 having the flexibility of mixing the uses side by side, rather
46 than one on top of each other, then we can get the kind of
47 variation of fagade that we think that is going to be the most
48 attractive for the 62nd Avenue Corridor. Therefore, she said that
49 what they needed to do is to discuss the decision chart item by
50 item, taking out the FAR because they need to determine if they
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can move commercial to a separate unit so that commercial and
residential are not necessarily mixed. She said that she did not
want to put this off until September 2005. This is not an
ordinance; it is only a resolution with policy adoption and
direction to staff as we go into the EAR process.
Moved by Mayor Russell at 11:00 p.m., seconded by
Commissioner Sherar, the motion to extend the meeting until
midnight passed unanimously by acclamation.
As the meeting reconvened, Mayor Russell proposed to go
through the decision chart (Attachment "A ").
Vice Mayor Palmer posed a hypothetical situation where a
developer instead of waiting on the final decision by the
Commission on this issue, might decide to go ahead and start a
project as per the existing regulations. Mr. O'Donniley said that
one of the developers did approach him during the break, Mr.
Hernandez, indicating that now that he understands that the FAR
applies only to the non - residential, he finds the 1.0
satisfactory. As the code exists, Mr. O'Donniley continued, the
existing zoning does not produce the mixed use that the land use
category calls for. We really have an obligation to try to move
towards something that will implement mixed use or we need to
change the Plan, one or the other, or both. Therefore, he said
that depending on the guidance staff gets from the Commission
tonight, staff can then see where that leads us and come back
with something that is acceptable.
Mayor Russell asked that if they did not reach a final
decision on absolutely everything that has been presented to them
tonight, what prohibits one of the large parcel owners from
coming back with a plan that calls for four stories and putting
it through -the process. Mr. O'Donniley said that the current
zoning does not permit that, only two stories; besides, he
continued, we have a planning study that is not at ordinance
level. We are looking for the guidance to start drafting the
ordinance and /or considering looking at Plan amendments in the
context of the EAR or otherwise. The Mayor said that we are on
our way to protect the .residential community from four -story
buildings through our EAR application by September 2005.
Mayor Russell then went through the chart:
Street Design - Approval of Option 3: Includes two traffic
lanes, wider side walk on west side, school drop -off, and
parallel parking on both sides of SW 62 Ave.
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Vice Mayor Palmer did not agree with the two -lane option.
She said that we need to improve the sidewalks and the rest of it
but as far as the two traffic lanes she does not agree.
Commissioner Wiscombe said that he is also concerned about
the two lanes because of the projected increase in traffic, and
therefore he needs some time to think about it.
Commissioner Birts- Cooper said that she is against the
narrowing of 62nd Avenue.
3. Mayor Russell and Commissioner Sherar both agree with Option
Urban Design - Building Placement Approval as in report:
Front setback - 0 feet (build to property line a minimum of 75%
of frontage; side set back 0 feet; rear setback - with
exception of 25' rear. (Planning Board recommendation)
Mayor Russell said to be in agreement with the above
recommendation, with the exception of 25' in the rear. She said
that the rear setback should be determined on a project -by-
project basis. She agrees with the rest of the recommendation.
Commissioner Sherar said that he would be in favor of a
third floor as long as there is a 10.0 -foot setback from
residential. In other words, the first two stories would be 25
feet and the third story would be 100 feet from the residential
property line.
Mayor Russell then said that she would stay with the
Planning Board's recommendations; Vice Mayor Palmer and
Commissioners Wiscombe and Birts- Cooper also agreed.
Building Height - Mayor Russell skipped over this subject.
Story Height - Approval as in report: with the addition of a
specific measurement of floor to floor or floor to tie beam.
(Planning Board recommendation)
Agreed with the Planning Board recommendation by unanimous
acclamation from the Commission.
Building Mass' - FAR - Mayor Russell said that they should
skipped over this one also until they get a better understanding
of this since FAR is imposed on commercial only. The Commission
agreed by unanimous acclamation.
REGULAR CITY COMMISSION
MINUTES — August 17, 2004
12
1 Dwelling Units per acre (density) - Mayor Russell said again
2 that until they know how it is going to be broken down
3 (commercial /residential) she proposed to skip on this one too.
4 The Commission agreed by unanimous acclamation.
5
6 Street Walls, Awnings, Balconies - Approval as in report
7 (Planning Board recommendation)
8
9 Agreed with the Planning Board recommendation by unanimous
10 acclamation from the Commission.
11
12 Parking - Approval as in report (includes allowing on- street
13 spaces to be counted for commercial only, not for residential).
14 (Administration recommendation)
15
16 Commissioner Wiscombe said that he had a problem with this
17 since this is what has gotten us in trouble in the past.
18
19 Mr. O'Donniley said that we are not talking about any
20 reduction in parking here, we are talking about 2 -3 spaces that
21 are on the street if it is in front of commercial, counting
22 towards the commercial. The residential will have to meet the
23 full standard as well as the commercial. The only break for the
24 commercial would be that they get to count the three in front and
25 that is pretty typical throughout Florida, Mr. O'Donniley added.
26
27 Mayor Russell said to go along with the Administration
28 recommendation: allowing on street spaces to be counted for
29 commercial only, not for residential. Vice Mayor Palmer and
30 Commissioner Birts- Cooper voted in favor of the Mayor's motion.
31 Commissioners Sherar and Wiscombe voted against.
32
33 Architectural Guidelines - Walls, Elements - That this
34 section be excluded from the report. (Planning Board
35 recommendation)
36
37 Agreed with the Planning Board recommendation by unanimous
38 acclamation from the Commission.
39
40 Master Plan - Approval as in report: with the notation that
41 alley entrances /exists remain as shown in the report and that all
42 required parking excluding commercial be on -site (as agreed
43 above).
44
45 Agreed with the Planning Board recommendation by unanimous
46 acclamation from the Commission.
47
48 Landscape Guidelines - Approval as in report (Planning Board
49 recommendation)
REGULAR CITY COMMISSION 13
MINUTES — August 17, 2004
1
2 Agreed with the Planning Board recommendation by unanimous
3 acclamation from the Commission.
4
5 Building Height -
6
7 Commissioner Sherar: Said he would propose 3 stories
8 permitted, so long as the setback is 100 feet from the
9 residential property line.
10
11 Mayor Russell: Said she was inclined to agree with the
12 Charrette recommendation with the increased setback and the
13 appropriate setbacks in the alleyway. She said that although this
14 is not the most popular opinion, it is a vision that she has for
15 the fagade on 62nd Avenue if we go with the narrowing of the
16 road. If we do not narrow the road, it would not make sense at
17 all. If the street is narrowed, then we may extend the sidewalk
18 out and the 3 -story facade would be acceptable to her.
19
20 Mr. O'Donniley said that the key here seems to be the width
21 of the street. The third story would not function if we do not
22 narrow the street. He added that dealing strictly with height
23 approaches only a design concept and still ignores use and that
24 is a problem he will bring back later.
25
26 Commissioner Sherar suggested that now that they got the
27 design criteria before the zoning, they should develop a flex -use
28 design district. Mr. O'Donniley suggested calling it a PUD
29 instead of a Flex because we already got PUD in our ordinance and
30 that he would like to work within the context of something that
31 it is there already.
32
33 At this point Mayor Russell asked some guidance from staff
34 as to where they should go from here. They have dealt with all
35 but two of the issues; they have deferred two issues because they
36 do not have a way to dictate a FAR when something is half
37 commercial, half residential and they need more feedback on how
38 they are going to mix the use, depending on whether it is going
39 to be horizontally or vertically. They will need to come back for
40 the "street design" and "building height." Commissioner Wiscombe
41 will need some information from staff regarding the street
42 design, and their next discussion on this will be on those two
43 items only and with more information, and by then maybe they all
44 will have changed their minds about widening or narrowing the
45 street.
46
47 Mayor Russell said that they have eliminated nine of eleven
48 of the questions; they have gone with the Planning Board's
49 recommendations on almost everything and they will come back to
50 these two which will require some more information.
REGULAR CITY COMMISSION 14
MINUTES — August 17, 2004
1 Mayor Russell moved to adopt those items that they were able
2 to have the majority opinion on, and we will hear from staff on
3 the remaining two items at a later date.
4
5 Vice Mayor Palmer said that she wanted to say something
6 before she voted because she felt being rushed into making a
7 decision. Mayor Russell then explained that she was only asking
8 for a Yea or Nay vote on those items that they had discussed and
9 agreed on.
10
11 With no further comments or discussion, the motion passed
12 unanimously by acclamation.
13
14
15 CONSENT
16
17 Resolution No. 133 -04- 11912
18 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
20 MANAGER TO PURCHASE A 2004 CATERPILLAR 416D BACKHOE
21 LOADER FROM KELLY TRACTOR CO., IN AN AMOUNT OF
22 $40,825.00 TO BE CHARGED TO THE FY 2004/05 PEOPLE'S
23 TRANSPORTATION TAX FUND, OPERATING EQUIPMENT ACCOUNT
24 NUMBER, 124 - 1730 -541 -6430; PROVIDING FOR AN EFFECTIVE
25 DATE. 3/5
26 (City Manager)
27
28 Re- solution No. 134 -04 -11913
29 7. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
30 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER
31 TO EXECUTE AN AGREEMENT WITH FLORIDA ROCK AND SAND -
32 PRESTRESS PRECAST CO_, INC. TO PROVIDE DRAINAGE
33 STRUCTURES FOR THE DOWNTOWN DRAINAGE IMPROVEMENTS -
34 PHASE III IN AN AMOUNT OF $32,049 TO BE CHARGED TO U.S.
35 DEPARTMENT OF COMMERCE'S, ECONOMIC DEVELOPMENT
36 ADMINISTRATION GRANT ACCOUNT # 001 - 0000 - 132 -2062;
37 PROVIDING FOR AN EFFECTIVE DATE. 3/5
38
39 (City Manager)
40
41 Resolution No. 135 -04 -11914
42 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
43 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
44 MANAGER TO ENTER INTO A CONTRACT WITH STANDARD
45 INSURANCE TO PROVIDE LIFE /ACCIDENTAL DEATH AND
46 DISMEMBERMENT AND LONG TERM DISABILITY INSURANCE FOR
REGULAR CITY COMMISSION is
MINUTES — August 17, 2004
1 CITY OF SOUTH MIAMI FULL -TIME EMPLOYEES PROVIDING AN
2 EFFECTIVE DATE. 3/5
3 (City Manager)
4
5 Resolution No. 136 -04 -11915
6 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
8 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
9 FIGUEREDO, P.A. IN THE AMOUNT OF $5,536.10; CHARGING
10 $4,390.54 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL SERVICES,
11 NON- RETAINER; CHARGING $1,145.56 TO ACCOUNT NO. 1500
12 514 -3452, CODE ENFORCEMENT; PROVIDING AN EFFECTIVE
13 DATE. 3/5
14 (City Attorney)
15
16 Resolution No. 137 -04 -11916
17 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
18 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
19 FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF
20 $10,305.43; CHARGING $10,305.43 TO ACCOUNT NO. 1500-
21 514 -3440, OTHER CONTRACTUAL SERVICES - CONSULTING
22 LABOR; PROVIDING AN EFFECTIVE DATE. 3/5
23 (City Attorney)
24
25 Resolution No. 138 -04 -11917
26 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
28 FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR KURZBAN
29 KURZBAN WEINGER & TETZELI, P.A. IN THE AMOUNT OF
30 $3,947.99; CHARGING $3,947.99 TO ACCOUNT NO. 1500 -514-
31 3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN
32 EFFECTIVE DATE. 3/5
33 (City Attorney)
34
35 Resolution No. 139 -04 -11918
36 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
37 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL
38 SERVICES; APPROVING A RETAINER FEE FOR TANNEBAUM PLANAS
39 & WEISS, LLP, IN THE AMOUNT OF $5,000; CHARGING $5,000
40 TO ACCOUNT NO. 1500- 514 - 3450, OTHER CONTRACTUAL
41 SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5
42 (City Attorney)
43
44 Moved by Vice Mayor Palmer, seconded by Mayor Russell, the
45 motion to approve the Consent Agenda, excluding Item No.5 (now
46 No.14), passed by a 5 -0 vote:
47
REGULAR CITY COMMISSION 16
MINUTES — August 17, 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
8 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
9 (None)
10
11
12 RESOLUTION (S) /PUBLIC HEARING (S)
13 (None)
14
15
16 RESOLUTION (S)
17 13. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
18 CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE FORMAT OF
19 THE CITY MANAGER'S ANNUAL EVALUATION FORM; PROVIDING
20 FOR AN EFFECTIVE DATE. (Deferred 8/17/04) 3/5
21 (Mayor Russell)
22 Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
23 Cooper to approve this item.
24
Commissioner Wiscombe indicated that he wanted
to know as to
25
whether there was any validity regarding Ms. McCain's
comments on
26
the subject of the City Manager's evaluation form.
He then asked
27
Ms. Davis how many evaluation form samples she had
received, and
28
she responded that there were two. She said that
her assistant
29
had taken care of combining them into a format for
the Mayor who
30
said it was ok. She said that this is not something
that she even
31
reviewed, but simply passed it from her assistant
to the Mayor.
32
Commissioner Wiscombe said that he would like to
be given the
33
chance to review all the samples which were sent
to the City
34
Manager. He said that the Commission should have been
the one to
35
determine the criteria for the evaluation form and reiterated
36
that he would like to have the courtesy to see the two documents.
37 Commissioner Sherar concurred with Commissioner Wiscombe,
38 saying that he also would have liked to have seen all of the
39 forms.
40
Mayor
Russell
then said that they should
consider that
41
Section 2
of the
resolution requires that the
evaluation be
42
completed
no later
than September 14, 2004. She
said that they
REGULAR CITY COMMISSION 17
MINUTES — August 17, 2004
I have time to bring all that information back to the City
2 Commission at the next meeting.
3 Commissioner Wiscombe proposed to defer this item pending
4 review by the Commission of both unaltered evaluation formats
5 received by the City Manager, plus a third evaluation format
6 turned in by the Mayor.
7
Moved by Commission Wiscombe, seconded
by Commissioner
8
Sherar to defer this item pending additional
information, the
9
motion passed by a 5 -0 vote:
10
11
Commissioner Wiscombe:
Yea
12
Commissioner Sherar:
Yea
13
Vice Mayor Palmer:
Yea
14
Commissioner Birts- Cooper:
Yea
15
Mayor Russell:
Yea
16
17
Moved by Commissioner Sherar, seconded by
Mayor Russell the
18
motion to extend the meeting from 12:00 a.m.
until 12:15 a.m.
19
passed by a 4 -1 vote:
20
21
Commissioner Wiscombe:
Nay
22
Commissioner Sherar:
Yea
23
Vice Mayor Palmer:
Yea
24
Commissioner Birts- Cooper:
Yea
25
Mayor Russell:
Yea
26
27
28
Resolution No. 140 -04 -11919
29
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
30
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
31
EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH
KIMLEY -HORN &
32
ASSOCIATES, INC. FOR SERVICES OF DATA
COLLECTION,
33
SURVEY /TESTING, DRAINAGE DESIGN, PRE - CONSTRUCTION AND
34
CONSTRUCTION PHASES FOR NORTHEND DRAINAGE
AND TRAFFIC
35
CALMING IMPROVEMENTS - PHASE II IN AN AMOUNT
OF $68,500 TO
36
BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT
GRANT ACCOUNT
37
001- 0000- 132 -2057 AND PEOPLE'S TRANSPORTATION
TAX ACCOUNT #
38
124 - 1730 - 541 -3100; PROVIDING FOR AN EFFECTIVE DATE. 3/5
39
(City Manager)
40
41
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
42
to approve this item.
43
44
Commissioner Sherar, who pulled this item
from the Consent
45
Agenda, said that he had done so for two reasons:
one is because
46
of the fact that the balance on the accounts is
not shown on the
47
resolution. The other reason is that he said he
had problems with
REGULAR CITY COMMISSION 18
MINUTES — August 17, 2004
l the traffic calming portion under the People's Transportation
2 Plan, and he said that this should be reevaluated now that the
3 criteria of the Plan changed.
4
5 Ms. Davis said that the City identifies the needs, and as the
6 money comes in, that is how it is spent. Mr. Balogun said that
7 one of the things that would make this particular project work is
8 to have a supplemental fund that would allow drainage to happen
9 which is why we have the South Florida Water Management Fund for.
10 If you change an elevation at an intersection putting a traffic
11 circle there, Mr. Balogun continued, this will involve drainage
12 work; then, instead of taking the drainage money from the
13 People's Transportation Fund, we have a supplement.
14
15 Commissioner Sherar then moved. to change the figure from
16 $68,500 to $40,500; and strike "and the People's Transportation
17 Tax account number 124 - 1730 - 541 - 3100, respectively."
18
19 Mayor Russell asked him as to how he proposes to pay the
20 balance of the budget. He said that he thinks that we should not;
21 he thinks that we should go back and reevaluate how we are
22 spending the money now that we have $1.5 million to spend at one
23 time as opposed to spread out over five years.
24
25 Commissioner Sherar's motion to amend the resolution died for
26 lack of a second.
27
28 With no further comments or discussion, the motion to approve
29 this item passed by a 4 -1 vote:
30
31 Commissioner Wiscombe: Yea
32 Commissioner Sherar: Nay
33 Vice Mayor Palmer: Yea
34 Commissioner Birts- Cooper: Yea
35 Mayor Russell: Yea
36
37
38 Mayor Russell indicated that now that the rules have changed
39 is a good time to reevaluate the Plan, but not in the middle of a
40 project. We will take a look at it, long term, and asked staff to
41 do that for the Commission. She also said that Commissioner
42 Sherar's point about account balances shown on the resolution is
43 a good one and reminded staff to follow up on that.
44
45
46 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
47
48
REGULAR CITY COMMISSION 19
MINUTES — August 17, 2004
1 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
2 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CHARTER
3 AMENDMENT; PRESENTING AN INITIATIVE TO LIMIT BUILDING
4 HEIGHT AND DENSITY WITHIN SINGLE - FAMILY ZONE AREAS TO
5 THE ELECTORATE OF THE CITY AT THE NOVEMBER 2, 2004
6 ELECTION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
7 CONFLICT, AND AN EFFECTIVE DATE. (Deferred 7/20/04) 4/5
8 (Commissioner Sherar)
9
10 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
11 to consider this to be the first reading of the ordinance in its
12 entirety and that it be placed on second reading and public
13 hearing at a special scheduled meeting for August 31St at 8:30
14 p.m.
15
16 Commissioner Sherar said that due to the late hour, he would
17 defer this item and do all the talking at the next reading.
18
19 Mr. O'Donniley said to be confused and asked what
20 Commissioner Sherar's motion was. Mayor Russell said that he
21 wants this to pass on first reading without the public hearing
22 and move on for discussion at the next meeting. Mayor Russell
23 said that it is required to have a public hearing. She then asked
24 staff for the report prior to open for public hearing; and then
25 they would have Commission discussion.
26
27 Moved by Commissioner Sherar, seconded by Mayor Russell, the
28 motion to extend the meeting until 12:30 p.m. passed by a 4 -1
29 vote:
30
31 Commissioner Wiscombe: Nay
32 Commissioner Sherar: Yea
33 Vice Mayor Palmer: Yea
34 Commissioner Birts- Cooper: Yea
35 Mayor Russell: Yea
36
37 Mr. O'Donniley briefly referred to both ordinances which
38 relate to proposed Charter amendments relating to limiting
39 building heights, and which would be presented to the voters of
40 South Miami at a special election. The first ordinance would
41 require voters' approval to allow the height of buildings in the
42 vicinity of single- family zoned areas to exceed two stories. The
43 second ordinance would require voters' approval to allow the
44 height of buildings to exceed four stories. They were referred to
45 the Planning Board for review and recommendation. The Planning
46 Board then conducted a special meeting on July 29, 2004 in order
47 to provide a recommendation to the City Commission. In reviewing
48 the Comprehensive Plan, the Planning Board found that the two
49 amendments were inconsistent with the adopted Plan. Other
REGULAR CITY COMMISSION 20
MINUTES — August 17, 2004
1 jurisdictions have enacted referendum requirements; however,
2 their adopted comprehensive plans may not contain specific height
3 provisions or policies which mandate "incentives" as are
4 contained within the South Miami Comprehensive Plan. Apart from
5 the consistency issue addressed by the Board, the Planning staff,
6 in consultation with the City Attorney, found problems of
7 technical nature with some of the language on the proposed
8 ordinances. Per staff observation on the economic impact, there
9 is also concern that referenda of this type could discourage
10 economic investment specifically in commercial areas of the City.
11 This would contribute to the continuing trend of commercial
12 properties paying an ever decreasing amount of property taxes,
13 while an increasing burden is carried by residential owners. In
14 addition to the above concerns, staff also noted that a section
15 of Florida Statutes would actually make implementation of the
16 Charter amendment illegal for five or fewer parcels, as per
17 Florida Statute Section 163 - 3167(12). Staff recommended that
18 based upon the findings by the Planning Board, the proposed
19 referenda initiatives are not consistent with the adopted
20 Comprehensive Plan and the State Statute prohibition referenced
21 above. Staff_ therefore recommended that the two proposed
22 referenda not be presented to the voters until further
23 clarification on these issues can be obtained.
24
25 At this point Mayor Russell opened the floor for public
26 hearing.
27
28 Attorney Jerry Proctor spoke against the ordinance. He said
29 that the City's planning process should be decided by the people
30 sitting at the dais, and that includes not only the City
31 Commission but also the Planning Board, as mandated by the City's
32 Code and Charter. He said that the issue is too complex to be
33 taken lightly. Mr. Proctor said that he spoke on behalf of
34 himself and of Codina Development.
35
36 Truly Burton, Government Affairs Director for the Builders'
37 Association of South Florida, said that they represent single
38 family and high rise development for commercial and residential
39 construction. She said that she bought her first home in South
40 Miami and loves living here. She said that of the things she has
41 learned through many years of experience in the field is that
42 planning is an art and not a science. She said that the
43 Commission has demonstrated that very clearly in their
44 deliberations this evening on how they handled the Charrette
45 issue. She said that the art of compromise is how to get things
46 done for residents as well as for those folks who own property,
47 and that is the essence of good government. She then spoke
48 against the two ordinances since the measure will freeze the
49 City's budget and the ability to provide services which is where
REGULAR CITY COMMISSION 21
MINUTES — August 17, 2004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
taxes come from. She finally urged the Commission not to `freeze'
the City's future and to vote the ordinances down.
Dr. Zakharias said that he did not have anything to add with
respect to the two ordinances, only to say that in his opinion
they are ridiculous proposals. And he thinks that it is
impractical that everyone who wants to build a 3 -story building
will be calling for a referendum. He then asked that these
ordinances do not apply retroactively to the Charrette process.
Sharon McCain also urged the Commission to vote against
these two ordinances. She said to find it interesting that the
people that showed concern about 62nd Avenue are not at this
meeting, and there is not anybody here from the African - American
community that said that they did not want it. In fact, Levy
Kelly said please develop our neighborhood, and asked the
Commission to vote against the referendum.
At 12:30 a.m. Mayor Russell asked for a motion to extend the
time of the meeting. Vice Mayor Palmer said no. Commissioner
Sherar said that this is very important and he was not willing to
keep everyone until 1:30 -2:00 in the morning. If we have to have
a special election we will but this has to be done right, he
added.
As Vice Mayor Palmer left the meeting, the Commission was
left with no quorum and the item requires a 4/5 vote. With only
three sitting Commissioners left the Mayor adjourned the meeting
for lack of quorum.
Note: Due to lack of quorum there was no action on this ordinance
or the next.
Due to lack of quorum there was no action on the next ordinance
either.
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CHARTER
AMENDMENT; PRESENTING AN INITIATIVE TO LIMIT BUILDING
HEIGHT AND DENSITY TO THE ELECTORATE OF THE CITY AT THE
NOVEMBER 2, 2004 ELECTION; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5
(Deferred 7120104)
(Commissioner Sherar)
47 ORDINANCE (S) FIRST READING
48 (None)
REGULAR CITY COMMISSION 2 2
MINUTES — August 17, 2004
1
I
3
4
5
6
7
8
9
10
11
12
13
14
COMMISSION REMARKS
(None)
There being no further business to come before this Body,
the meeting adjourned at 12:44 P.M.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES — August 17, 2004
23
Approved
Mary Scott Russell
Mayor