10-05-04 Item 11 City of South Miami DRAFT
2 Regular City Commission Minutes
3 September 21, 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, September 21, 2004, beginning at
9 7:30 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.
19
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.
24
25 D. Presentation(s) 7:00 p.m.
26
27 1) Presentation of a check from the State of Florida
28 Department of Environmental Protection, by Jose Fuentes
29 with South Florida Water Management District and by State
30 Representative Julio Robaina.
31
32 Mr. Fuentes was joined in the presentation by office staff
33 from Representatives Alex de la Portilla and Marco Rubio, also a
34 board member from the Water Management District office, the
35 City's Lobbyist, Fausto Gomez, and Representative Julio Robaina.
36 They all were afforded time to address the Commission.
37
38 Mayor Russell thanked everybody for attending the
39 presentation.
40
41 2) Certificate of appreciation to be presented to Jose
42 Fuentes, Director for the Miami -Dade County Regional
43 Service Center of the South Florida Water Management
44 District.
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46 Mayor Russell then, joined by the entire Commission,
47 presented the certificate of appreciation to Mr. Jose Fuentes.
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MINUTES - September 21, 2004
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3) Presentation by Attorney Ronald J. Cohen with regard to
former City Manager Charles Scurr's Pension.
The City Commission, at its meeting of July 20, 2004,
unanimously approved Resolution No. 113 -04 -11892 to pay Mr. Cohen
for his legal opinion with regard to former City Manager Charles
Scurr's pension. Subsequently, Mr. Cohen submitted a 13 -page
letter dated August 30, 2004, outlining his opinion on the
subject.
At this meeting, Mr. Cohen addressed the Commission by going
through the main points as he explained in his letter referenced
above.
In conclusion, Mr. Cohen said that the record is somewhat
murky, and that under the circumstances, it is impossible to
predict with certainty how litigation would turn out and that the
City has a significant chance of losing. However, he said that
the City has defenses and Mr. Scurr's victory is not assured.
Litigation is expensive and there will be no jury in this case,
because the parties waived the right to jury in the employment
agreement. He basically recommended that the City continue to
pursue settlement negotiations with Scurr's counsel.
At approximately 7:30 p.m. the presentation section
concluded.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. a) Minutes of August 3, 2004
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, the motion to approve the Minutes of August 3, 2004
passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
b) Minutes of August 17, 2004
Moved by Vice Mayor Palmer, seconded by Commissioner Sherar,
the motion to approve the Minutes of August 17, 2004 passed by a
5 -0 vote:
REGULAR CITY COMMISSION
MINUTES - September 21, 2004
IN
1
Commissioner Wiscombe:
Yea
24
2
Commissioner Sherar:
Yea
3
Vice Mayor Palmer:
Yea
4
Commissioner Birts- Cooper:
Yea
28
5
Mayor Russell:
Yea
Yvonne Beckman said to be a little distressed about all
6
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talk regarding civility in the Chambers; this is not a court
of
7
2. City Manager's Report:
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8
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tolerance.
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a) Addition to the "Wall of Firsts."
35
10
few
36
weeks ago about some huge trees that were being illegally
11
Ms. Davis presented former Mayor, Dr. Anna Price,
with the
12
addition of her portrait to the "Wall of Firsts." Dr.
Price was
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the first African- American female mayor. Dr.
Price was
afforded
14
time to address the Commission.
41
15
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Lydia White of Coral Gables and a member of the Board
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3. City Attorney's Report:
Directors of the Red Sunset Merchants' Association, as well
as
17
member of Rotary, spoke about the importance of the Arts
and
45
18
Attorney Figueredo requested to schedule time
for an
19
attorney- client session to discuss five
matters:
Hampton,
20
Feldman, MRP, Anduiza and Larosa matters. The
meeting was
set for
21
Tuesday, October 5, 2004 at 6:00 p.m.
22
23
PUBLIC REMARKS
24
(5- minute limit)
25
26
David Tucker Sr., as usual, spoke words of wisdom and shared
27
some advice with the Commission.
28
29
Yvonne Beckman said to be a little distressed about all
the
30
talk regarding civility in the Chambers; this is not a court
of
31
law, this is a live body and the Commission should be receptive
32
of the feelings expressed by the audience. She urged to show more
33
tolerance.
34
35
Ken Merker referred to his report to the Commission a
few
36
weeks ago about some huge trees that were being illegally
cut
37
down in the City. He said that he was concerned because
the
38
permit was issued not in accordance to the guidelines of
the
39
City's ordinance. The address of the subject property is 7500
SW
40
57 Court.
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Lydia White of Coral Gables and a member of the Board
of
43
Directors of the Red Sunset Merchants' Association, as well
as
44
member of Rotary, spoke about the importance of the Arts
and
45
Crafts Festival and how it contributes to the increase in revenue
46
to the South Miami merchants. She urged the Commission
to
47
continue to sponsor this important event.
48
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MINUTES - September 21, 2004
1 Cathy McCann referred to the recent hurricanes that have
2 affected most of our State this year and urged the City Manager
3 to put in place a team that could be sent to assist other cities
4 that have been devastated by the recent inclement weather. She
5 recalled that during Hurricane Andrew, the assistance received by
6 the City of Daytona Beach played a significant roll in terms of
7 our City being able to be the first to have our streets opened.
8 She then referred to the City's newsletter saying that it should
9 be more up -to -date and contain more information.
10
11 -City Manager Davis explained that FEMA does not reimburse
12 cities for assisting other cities. She said that this is a noble
13 cause but we just do not have the resources, we are such a small
14 city and do not have extra personnel. It is usually the larger
15 cities or the counties that send assistance to other cities;
16 however, we did send water to Punta Gorda. As far as the
17 newsletter, she explained that she is planning on sending it
18 quarterly. It did go out a little late but the information was
19 not obsolete though. On the very first newsletter she said that
20 she deemed appropriate to introduce the leaders of the community,
21 and she also intends to write about issues pertaining to the
22 City.
23
24 Commissioner Wiscombe said that the City sent police
25 officers to New York when 911 occurred and we never received
26 reimbursement from FEMA.
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28 Walter Harris said that they did not get the chance to speak
29 on the charter initiative ordinances at the last City Commission
30 meeting. He then urged the Commission to rehire the remaining
31 laid -off employees back to full -time status. He told the Mayor
32 that he appreciates the dissolution of the Ad -Hoc Election Reform
33 Committee, and encouraged her to appoint everybody now through
34 resolution because there were many good ideas coming through that
35 committee. He also said that the SMHOA is getting close to
36 election time and welcomed all the community to get involved.
37
38 Dick Ward said he has helped the City through the different
39 committees during most of his 43 years living close by, and he
40 asked for patience since he needed to express some frustrations
41 that have been mounting since the February election. He said that
42 he has felt for a long time that ever since the last election
43 there has been a great deal of frustration and divisiveness in
44 this community. He said that he has been involved in 21 elections
45 in this City and in every one of them there has been bitterness,
46 but usually this goes away in a matter of 30 days. He said that
47 this is not the case this time and more effort is needed to
48 remedy this. He then urged the Commission to take a more
49 proactive role.
50
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MINUTES - September 21, 2004
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Sharon McCain referred to Agenda Item No. 5, asking as to
why T.J. Pavement has again been awarded a City project. Staff
explained that contracts are awarded to the lowest bidders. She
also said that she wants to know when construction on SW 74th
Street is going to start because it affects a lot of people who
live by downtown South Miami. She then referred to the "Summary
of Parking Garage Loan" on Item No. 12, questioning the current
available balance shown as of 6/04 of $3,210,167.94. With
reference to Agenda Item No. 17, she urged the Commission to
adopt the City's "Performance Evaluation Management Employees"
form, saying that this form really encompasses everything. She
said that the decision to cancel the September 7th City
Commission meeting should had been a decision of the Commission
and not the City Manager.
Attorney Figueredo clarified that the RFPs are advertised on
the newspaper and it is an open process. Ms. Davis explained that
this one that Ms. McCain specifically referred to was a
competitive bid. The City Clerk opens the sealed bids in front of
the public, and they are advertised in the Daily Business Review.
Attorney Figueredo then explained that there are two types
of procedures for canceling Commission meetings; however, in case
of emergency, under Section 14.5 the code provides that the City
Manager is specifically the person with the responsibility for
making the determination whether the Commission meeting will be
practical or impractical. The action is then ratified by
resolution at the next Commission meeting.
Mike Zimmer referred to traffic directional signs on SW 80th
street, restricting the traffic from 7:00 a.m. to 8:00 a.m. He
said that the bulk of the traffic is now congesting SW 80th
Street and it is almost impossible for him to get out of his
driveway in the morning to take his children to school.
Al Elias said that he opposes to the payment of former City
Manager Scum's pension, and recommends trying to settle for 50
percent of what he is demanding and if he refuses then to take
the matter to court. He then referred to the issue of traffic
urging the Commission not to narrow SW 62nd Avenue.
Beth Schwartz spoke in favor of narrowing SW 62nd Avenue
between SW 70th and SW 64th Streets.
Levy Kelly said that it might be good to have a traffic
study done because he certainly does not want to have all the
traffic from SW 62nd Avenue coming into his neighborhood.
Jay Beckman referred to the SW 62nd Avenue Charrette where
professional planners recommended that the street be narrowed
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MINUTES - September 21, 2004
5
1 which would actually facilitate better traffic flow. The Dade
2 County engineering who participated in the Charrette concurred
3 with the planners' recommendation. Also, every single group that
4 participated in that Charrette wanted the street to be narrowed.
5
6 Dean Whitman said that there is some type of rumor going
7 around for political reasons that somehow, narrowing SW 62nd
8 Avenue would filter more traffic into the black part of the
9 community. He said that narrowing SW 62nd Avenue would reduce
10 traffic because it will direct traffic going down SW 70th Street
11 east to US1 where it is supposed to go.
12
13 After there were no more speakers, the Public Remarks
14 section was closed.
15
16 At this time Mayor Russell pulled Item No. 7 (now No. 14)
17 Commissioner Sherar pulled Item Nos. 8 & 12 (now Nos. 15 & 17).
18
19 RESOLUTION
20
21 Resolution No. 141 -04 -11920
22 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
23 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
24 MANAGER TO EXECUTE AN AGREEMENT WITH AMERICAN
25 ENVIRONMENTAL CONTRACTORS, INC. FOR THE BROAD CANAL
26 IMPROVEMENTS (DREDGING PROJECT) IN AN AMOUNT OF
27 $867,165 TO BE CHARGED TO FEDERAL EMERGENCY MANAGEMENT
28 AGENCY (FEMA) ASSISTANCE GRANT ACCOUNT NUMBERS 001
29 0000- 132 -2071 AND 001- 0000 - 132 -2072 AND FY 2004 -05
30 STORM WATER DRAINAGE TRUST FUND ACCOUNT NUMBER 111-
31 1730 -541 -6490; PROVIDING FOR AN EFFECTIVE DATE. 3/5
32 (City Manager)
33
34 Resolution No. 142 -04 -11921
35 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
36 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
37 MANAGER TO EXECUTE AN AGREEMENT WITH T.J. PAVEMENT
38 CORP. FOR DOWNTOWN DRAINAGE IMPROVEMENTS - PHASE III
39 CONSTRUCTION IN AN AMOUNT OF $338,557.00 TO BE CHARGED
40 TO US DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT
41 ADMINISTRATION (EDA) GRANT, SOUTH FLORIDA WATER
42 MANAGEMENT DISTRICT (SFWMD) GRANT AND THE US
43 ENVIRONMENTAL PROTECTION AGENCY STATE TRIBAL ASSISTANCE
44 GRANT (STAG) ACCOUNT NUMBERS 001 - 0000- 132 -2062, 001 -
45 0000- 132 -2058 AND 001- 0000 - 132 -2061 RESPECTIVELY;
46 PROVIDING FOR AN EFFECTIVE DATE. 3/5
47 (City Manager)
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MINUTES - September 21, 2004
Resolution No. 143 -04 -11922
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A SERVICE WORK ORDER TO CORZO CASTELLA
CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR PROFESSIONAL
ENGINEERING SERVICES FOR CONSTRUCTION PHASE SERVICES
FOR THE DOWNTOWN DRAINAGE IMPROVEMENTS PHASE III, IN
AN AMOUNT OF $29,700.00 TO BE CHARGED TO SOUTH FLORIDA
WATER MANAGEMENT DISTRICT (SFWMD) GRANT ACCOUNT NUMBER
001- 0000 - 132 -2058; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 144 -04 -11923
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MEETINGS;
CANCELING THE SEPTEMBER 7, 2004 REGULAR MEETING OF THE
CITY COMMISSION DUE TO A WEATHER EMERGENCY TO PREPARE
FOR AND RESPOND TO HURRICANE FRANCES; PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Russell)
Resolution No. 145 -04 -11924
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EMERGENCY;
DECLARATING A WEATHER EMERGENCY PURSUANT TO SECTIONS
14.05 AND 14.12 OF ORDINANCE NO. 11 -93 -1539; DIRECTING
THE CITY MANAGER TO EXERCISE ALL NECESSARY AND
APPROPRIATE POWERS TO PREPARE FOR AND RESPOND TO
HURRICANE IVAN; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 146 -04 -11925
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER A CONTRACT WITH ADVANCE DATA SOLUTIONS
FOR THE PURCHASE OF SOFTWARE AND SCANNERS IN AN AMOUNT
NOT TO EXCEED $34,746.00, DELL COMPUTERS FOR THE
PURCHASE OF A SERVER AND COMPUTER IN AN AMOUNT NOT TO
EXCEED $5,000.00 AND INTERNATIONAL DATA CONSULTANTS FOR
THE SERVICES IN THE INSTALLATION OF EQUIPMENT AND
SOFTWARE IN AN AMOUNT NOT TO EXCEED $2,500.00 AND
CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 001 -1620-
521.5220 TITLED "MICROFILM ";AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION 7
MINUTES - September 21, 2004
1 Moved by Commissioner Wiscombe, seconded by Commissioner
2 Sherar to approve the Consent Agenda.
3
4 Moved by Mayor Russell, seconded by Commissioner Sherar, the
5 motion to suspend the rules in order to allow Vice Mayor Palmer
6 to pull Item No. 10 from the Consent Agenda passed by unanimous
7 acclamation.
8
9 Item No. 10 (now No. 16) was pulled by Vice Mayor Palmer
10 from the Consent Agenda.
11
12 With no further discussion, the motion to approve the
13 Consent Agenda, passed by a 5 -0 vote:
14
15 Commissioner Wiscombe: Yea
16 Commissioner Sherar: Yea
17 Vice Mayor Palmer: Yea
18 Commissioner Birts- Cooper: Yea
19 Mayor Russell: Yea
20
21
22 UNFINISHED BUSINESS
23
24 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
25 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CHARTER
26 AMENDMENT; PRESENTING AN INITIATIVE TO LIMIT BUILDING
27 HEIGHT AND DENSITY WITHIN SINGLE - FAMILY ZONE AREAS TO
28 THE ELECTORATE OF THE CITY AT THE NOVEMBER 2, 2004
29 ELECTION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
30 CONFLICT, AND AN EFFECTIVE DATE. (Deferred 7/20/04) 4/5
31 (Commissioner Sherar)
32
33 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
34 to approve this item.
35
36 Commissioner Sherar indicated that he would move to defer
37 these two items and proceeded to explain. He said that first of
38 all we no longer can place them on the November ballot;
39 furthermore, he said that it is not the purpose of doing this
40 to go into a special election which will cause the City close
41 to $8,000. Also, he said that he has been in consultation with
42 the City Attorney concerning some cases relating to referendum
43 for changes in the Comp Plan. It is neither his intention to
44 get the City involved in a law suit and therefore incur in
45 litigation costs. He explained that the concept of having a
46 referendum limiting building heights is not something that is
47 unique of South Miami. The then referred to the renowned case
48 in Coco Beach which went through a lengthy process on a similar
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MINUTES - September 21, 2004
1 situation. He also referred to another case in Coco Beach
2 involving injunction and moratorium. Rather than going through
3 the lengthy process that Coco Beach has gone through, he said
4 that he will move to defer these items; has already asked the
5 City Attorney to prepare an ordinance for a moratorium on the
6 issuance of construction permits so that they can put the
7 process through the Comp Plan since we are within the EAR
8 process due September 2005.
9
10 Commissioner Sherar explained to Vice Mayor Palmer that what
11 he is proposing will be a component of the Comp Plan.
12
13 Moved by Commissioner Sherar, seconded by Mayor Russell to
14 defer this item.
15
16 Commissioner Sherar then moved to amend the motion to defer
17 this item to the first meeting in February 2005. He immediately
18 withdrew his amendment.
19
20 Then, Commissioner Sherar and Mayor Russell moved to
21 withdraw their motion to defer as stated above.
22
23 Finally, moved by Commissioner Sherar, seconded by
24 Commissioner Wiscombe, the motion to defer this item
25 indefinitely passed by a 5 -0 vote:
26
27 Commissioner Wiscombe: Yea
28 Commissioner Sherar: Yea
29 Vice Mayor Palmer:. Yea
30 Commissioner Birts- Cooper: Yea
31 Mayor Russell: Yea
32
33
34 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
35 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CHARTER
36 AMENDMENT; PRESENTING AN INITIATIVE TO LIMIT BUILDING
37 HEIGHT AND DENSITY TO THE ELECTORATE OF THE CITY AT THE
38 NOVEMBER 2, 2004 ELECTION; PROVIDING FOR SEVERABILITY,
39 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5
40 (Deferred 7/20/04)
41 (Commissioner Sherar)
42
43 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
44 to approve this item.
45
46 The discussion of the previous item pertains to this item as
47 well because they are interrelated.
48
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MINUTES - September 21, 2004
1 Moved by Commissioner Sherar, seconded by Commissioner
2 Wiscombe, the motion to defer this item indefinitely passed by
3 a 5 -0 vote:
4
5 Commissioner Wiscombe: Yea
6 Commissioner Sherar: Yea
7 Vice Mayor Palmer: Yea
8 Commissioner Birts- Cooper: Yea
9 Mayor Russell: Yea
10
11
12 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
13 (None)
14
15 RESOLUTION (S) /PUBLIC HEARING (S)
16 12. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
17 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
18 APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN
19 ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET
20 IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE
21 USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM
22 SECTION 20-4.4(B) (10) OF THE LAND DEVELOPMENT CODE TO
23 ALLOW FOUR OFF- STREET PARKING SPACES WHERE THE REQUIRED
24 OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM
25 SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO
26 ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT
27 SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE
28 DISTRICT: AND ROVIDING FOR AN EFFECTIVE DATE. 4/5
29 (Deferred 8103104 & 8117104)
30 (City Manager)
31
32 Moved by Commissioner Sherar, seconded by Commissioner
33 Wiscombe to approve this item.
34
35 Mr. O'Donniley explained that the City Commission, at its
36 August 3, 2004 meeting, deferred this item to allow staff to
37 conduct further research on the history of the property's
38 Comprehensive Plan land use category assignment and zoning. At
39 this meeting staff provided the requested information.
40
41 In 1982, as part of an overall updating to the Comp Plan
42 sponsored by the City, the future land use category covering
43 this property was changed from Public /Semi - Public to Office;
44 and in 1988, as part of the preparation of a new Comp Plan, the
45 City re- designated the subject property with the future land
46 use category: Residential Office, and at that point the zoning
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remained RM -24. Subsequent to that, the current owner at that
time, Mr. Robert Strickland, filed an application to change the
zoning district from RM -24 to R0, and it was approved by the
City Commission at its July 3, 1988 meeting. He indicated that
it is interesting to note that in reviewing the minutes of that
meeting, there was a discussion about preserving trees, as well
as issues related to whether there was adequate parking spaces.
In December 1988, the applicant applied for a series of
variances, most of which related to provisions in the Code at
that time that no longer apply to this specific case. All of
the requests for variances were denied by the Planning Board
and also denied by the City Commission at its meeting of
January 3, 1989.
This office is zoned Residential Office which would permit
residential and office uses. The applicant has argued that
because of the small size of the property and its physical
location surrounded by tennis courts and parking, they feel
that they have a hardship, making it difficult to maintain as a
residential property, and in order to use it for limited office
uses, they seek a variance of one parking spot. Mr. O'Donniley
then went over the conditions recommended by the Planning
Board.
At this point Attorney Figueredo sworn in speakers and
subsequently explained the terms of a quasi - judicial hearing,
which is basically about facts and not mere opinions.
Attorney Al Dotson, representing the applicant, addressed
the Commission. During his discussion, Mr. Dotson indicated
that one of his client's options would be to withdraw his
application and construct the five or six parking spaces on the
property. He said that they can go forward, take the trees
down, and put the five parking spaces there which would not
require any variance or any action by this Commission. Or, they
can put four parking spaces and preserve the trees in order to
strike the proper balance. He said that they are prepared to
move forward according to this Commission's direction.
Commissioner Sherar indicated that he personally has a big
problem with parking variances, and that owners need to take
care of their parking problems.
Mr. Dotson said that the applicant's main purpose for the
request is due to his concern for preserving the trees.
Commissioner Sherar expressed concern about setting a
precedent by granting this request for variance. He then asked
Mr. Dotson to explain what is the hardship that would require
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MINUTES - September 21, 2004
1 the Commission to grant this variance. Mr. Dotson deferred the
2 question to Mr. O'Donniley.
3
4 Mr. O'Donniley explained that the fact is that the zoned
5 district alone prohibits parking in the front yard, and this is
6 a small lot. He said that it is a marginal hardship but said
7 that this would have to be weighed against the other elements
8 that they are trying to accomplish, and just for the record, we
9 do have a safety concern about nose -to -nose parking, Mr.
10 O'Donniley added. He also indicated that he believes that each
11 variance is questionable as to precedent value because it
12 stands on its own facts and conclusions of law and not on
13 precedent; therefore, he said that we do not need to be
14 concerned about granting this variance and setting a precedent.
15
16 At this point Mayor Russell opened the floor for public
17 hearing.
18
19 Dean Whitman asked and the City Attorney responded that his
20 previous -remarks are still part of the record; therefore, he
21 said he would not add anything else.
22
23 Cathy McCann said that by reading the resolution she does
24 not really understand what is happening. Mr. O'Donniley
25 explained that it is zoned to permit office uses but given the
26 small size of this particular lot, the parking that could be
27 accommodated legally, is limited generally to those uses that
28 fall in parking category (10) . She then recommended that the
29 word "commercial" on line 8 of the resolution be removed, since
30 it may be perceived as if the City is changing uses.
31
32 Mr. O'Donniley said that there would be no problem in
33 removing the word "commercial" from the proposed resolution.
34 Attorney Figueredo concurred with Mr. O'Donniley, indicating
35 further that the only action that the Commission is considering
36 this evening is whether to grant a parking variance. Ms. McCann
37 then referred to a Land Development Code (LDC) provision
38 requiring trees on a residential office property. Mr.
39 O'Donniley said that the Code requires landscaping and certain
40 size trees but it does not provide for the preservation of
41 existing trees.
42
43 Jay Beckman said that one of the problems may be that our
44 LDC does not define hardship as clearly as it should. He said
45 that when you look at a marginal hardship like this, you need
46 to look at the practical effect of it. He said that the
47 practical significance of granting this variance is that you
48 are going to have an office building right in a residential
49 neighborhood that does not have sufficient parking. He said
50 that when you look at marginal variances such as this that has
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a bad practical aspect to it, that the Commission should be
inclined to deny it.
Yvonne Beckman requested for denial of the variance because
we should simply abide by our rules.
Beth Schwartz said that she has attended all the meetings
regarding this request, her house is two houses away where she
has lived for over 13 years. She said that throughout all the
years that she has lived there, the subject property has been
residential, and has been rented out to three different people.
She questioned as to whether this property was larger at the
time that it was rezoned in the 80s. She said that the property
is totally surrounded by residential properties. She believes
that the property must have been much larger back when it was
rezoned. She said that Dr. Colsky purchased the property as it
is; he did try to sell it but according to one of the realtors
who was representing the prospective buyer they could not get
the parking variance for a small outpatient surgical type of
office. She also indicated that this is not a district, but
rather just a little house located within a residential
neighborhood. She stated for the records that she would like to
see the property beautified. Change is needed; however, she
said that the trees should not be removed. She urged the
Commission to have the applicant work with the property, make
the four spaces happen, enhance the property, and do not remove
the oak trees.
Sharon McCain spoke in favor of this variance since she
believes that there is a hardship. She said that Dr. Colsky is
only trying to be a good neighbor. She indicated that in that
particular neighborhood where they are complaining that they do
not want cars on easements, there are cars all over everyday,
parked on easements that look like parking lot. What they
complain about is already happening in their neighborhood, she
added. She also stated that she is not in favor of removing
trees.
Mr. Dotson again addressed the Commission. He said that the
use that they are requesting is permitted, and that this is not
a district boundary change. Also, he said that the rules of the
City permit the approval if appropriate evidence is provided.
He reminded the Commission that the Planning Board had approved
the request with conditions and urged them to do the same. He
said that the design being presented will strike the right
balance between the parking needs for the use requested and for
the preservation of the trees. He said that there are three
trees in the property: two are large oaks and the third is a
small oak which might need to be moved.
REGULAR CITY COMMISSION
MINUTES - September 21, 2004
13
Moved by Mayor Russell to amend this item, beginning with
line 7 on page 1, to change the word "a" for "an; " line 8: to
strike the word "commercial;" line 40: to strike the word
"commercial;' then she added under Section 1: (3) That the
applicant preserves the third oak tree on the existing
property. Vice Mayor Palmer seconded the amendment.
Commissioner Wiscombe asked the Mayor as to what would
guarantee that the tree, if moved, would not die. Mayor Russell
said that she believes that the word `preservation' addresses
that concern. And in the event that the tree dies, then they
will ask the owner to replace it.
With no further comments or discussion, the motion to amend
this item passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Vice Mayor Palmer said that she visited the property to have
an idea of the matter; however, she is not clear about the
request. Mr. Dotson said that they need to move one tree in
order to park five cars. With four parking spaces they can
preserve the trees. They are asking for four spaces but five
are required. As the Vice Mayor asked how many cars are able to
park at the property now, Mr. O'Donniley said that the current
driveway is a semi - circular one and by visually looking at it,
it might accommodate three vehicles. He further explained that
under the RO district, the property would need to increase the
spaces to five. It requires more parking than residential use.
Vice Mayor Palmer said that even though she would like to work
with Dr. Colsky, she still does not see the hardship.
With no further comments or discussion, the motion to
approve this item as amended failed by a 1 -4 vote:
Commissioner Wiscombe: Nay
Commissioner Sherar: Nay
Vice Mayor Palmer: Nay
Commissioner Birts- Cooper: Nay
Mayor Russell: Yea
REGULAR CITY COMMISSION 14
MINUTES - September 21, 2004
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RESOLUTION (S)
Resolution No. 147 -04- 11926
13. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE FORMAT OF
THE CITY MANAGER'S ANNUAL EVALUATION FORM; PROVIDING
FOR AN EFFECTIVE DATE. (Deferred 8117104) 3/5
(Mayor Russell)
Moved by Vice Mayor Palmer, seconded by Commissioners
Birts- Cooper and Sherar to approve this item.
Mayor. Russell with reference to comments made by a speaker
during public remarks, she said that this is covered under
section 5 of the recommended evaluation form, - specifically
under Community Relations: "Effectively addresses and
accommodates citizen complaints."
Commissioner Wiscombe said that the term "in a timely
manner" is important and it is not included in there.
Moved by Mayor Russell, seconded by Commissioners Wiscombe
and Sherar, to amend the evaluation form by adding to section 5
of the recommended evaluation form, under Community Relations:
"Effectively addresses and accommodates citizen concerns in a
timely manner."
Moved by Commissioner Sherar, seconded by Commission
Wiscombe, to amend the resolution by striking September ?",
2004, on line 28, and replacing it with October 5, 2004; and to
strike the — date —of the first sehed- led publie hearing Eei the
2004 --05 budget,.
With no further comments or discussion, the motion to
approve the item with amendments passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper : Yea
Mayor Russell: Yea
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO OFFER CITY EMPLOYEES THE OPPORTUNITY TO
PARTICIPATE IN THE INTERNATIONAL CITY MANAGERS'
REGULAR CITY COMMISSION
MINUTES - September 21, 2004
15
1 ASSOCIATION'S (ICMA) 401A MONEY PURCHASE PLAN;
2 PROVIDING AN EFFECTIVE DATE. 3/5
3 (City Manager)
4
5 Moved by Commissioner Sherar, seconded by Commissioner
6 Wiscombe to approve this item.
7
8 Mayor Russell, who pulled this item from the Consent Agenda,
9 explained that some more information needs to be gathered before
10 they accept this. It does not belong in the Consent Agenda and it
11 needs more work.
12
13 Moved by Mayor Russell, seconded by Commissioner Birts-
14 Cooper, the motion to defer this item indefinitely passed by a 4-
15 0 vote:
16
17 Commissioner Wiscombe: Out of the Room
18 Commissioner Sherar: Yea
19 Vice Mayor Palmer: Yea
20 Commissioner Birts- Cooper: Yea
21 Mayor Russell: Yea
22
23
24 Resolution No. 148 -04- 11927
25 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
27 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
28 FIGUEREDO, P.A. IN THE AMOUNT OF $13,544.04; CHARGING
29 $122.50 TO ACCOUNT NO. 1500 - 514 -3435f REAL
30 ESTATE/ FORECLOSURE; CHARGING $4,504.92 TO ACCOUNT NO.
31 1500 -514 -3410, LEGAL SERVICES, NON - RETAINER; AND
32 CHARGING $8,916.62 TO ACCOUNT NO. 1500- 514 -3452, CODE
33 ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 3/5
34 (City Attorney)
35
36 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
37 to approve this item.
38
39 Commissioner Sherar pulled this item because there was no
40 back up with the resolution. He then referred to some invoices
41 that showed `past due' on and asked how old they were.
42
43 With no further discussion or comments, the motion to
44 approve this item passed by a 5 -0 vote:
45
46 Commissioner Wiscombe: Yea
47 Commissioner Sherar: Yea
48 Vice Mayor Palmer: Yea
REGULAR CITY COMMISSION 16
MINUTES — September 21, 2004
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Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 149 -04 -11928
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EMERGENCY;
DECLARATING A WEATHER EMERGENCY PURSUANT TO SECTIONS
14.05 AND 14.12 OF ORDINANCE NO. 11 -93 -1539; DIRECTING
THE CITY MANAGER TO EXERCISE ALL NECESSARY AND
APPROPRIATE POWERS TO PREPARE FOR AND RESPOND TO
HURRICANE FRANCES; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Vice Mayor Palmer,
Wiscombe to approve this item.
Vice Mayor Palmer pulled this
enough information in the back up.
would provide her with the whole
She also explained that we pay
Hurricane Account and that we will
percent by FEMA.
seconded by Commissioner
item because she did not find
Ms. Davis indicated that she
package which is quite big.
these expenditures from our
be reimbursed for all but 12
With no further discussion or comments, the motion to
approve this item passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 150 -04 -11929
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO LOAN
REPAYMENT; AUTHORIZING THE CITY MANAGER TO USE AN
AMOUNT NOT TO EXCEED $159,500 FROM THE LOAN PROCEEDS AS
NEXT PAYMENT FOR THE $6.5 MILLION PARKING GARAGE LOAN
SCHEDULED FOR NOVEMBER 1, 2004; PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
REGULAR CITY COMMISSION
MINUTES - September 21, 2004
17
1 Commissioner Sherar said that he pulled this item because he
2 would like to have a breakdown on the transaction. Mayor
3 Russell said that she had also asked that the information on
4 the parking garage be inserted in the budget packet.
5
6 Mr. Oshikoya explained that the payments are divided into
7 principle and interest.
8
9 Mayor Russell said for clarification that the back up being
he next budget hearing 10 requested on MRP is for t g g not for the
11 workshop.
12
13 With no further comments or discussion, the motion to
14 approve this item passed by a 5 -0 vote:
15
16 Commissioner Wiscombe: Yea
17 Commissioner Sherar: Yea
18 Vice Mayor Palmer: Yea
19 Commissioner Birts- Cooper: Yea
20 Mayor Russell: Yea
21
22
23 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
24
25
26 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL
28 AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND
29 DEVELOPMENT CODE, BY AMENDING SECTION 20 -3.1 ENTITLED
30 "ZONING USE DISTRICTS AND PURPOSES" IN ORDER TO ADD
31 A NEW HISTORIC PRESERVATION OVERLAY DISTRICT (HP -OV);
32 BY AMENDING SECTION 20 -5.17 ENTITLED "DESIGNATION OF
33 HISTORIC DISTRICTS" IN ORDER TO CLARIFY THE PROCESS
34 OF DESIGNATING HISTORIC SITES AND DISTRICTS;
35 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT,
36 AND PROVIDING AN EFFECTIVE DATE. 3/5
37 (City Manager)
38
39 Moved by Vice Mayor Palmer, seconded by Commissioner
40 Wiscombe to approve this item.
41
42 Mr. O'Donniley explained that in order to fully document and
43 record the designation of this district, it is recommended that
44 the Land Development Code be amended to create a Historic
45 Preservation Overlay zoning district thereby allowing the
46 designation to become a zone map change. The Planning Board at
47 its August 31, 2004 meeting recommended approval of the subject
48 amendment ordinance.
REGULAR CITY COMMISSION 18
MINUTES - September 21, 2004
1
2 Mayor Russell opened the floor for public hearing.
3
4 Yvonne Beckman said that this is one of the best things that
5 can ever happen to South Miami and urged the Commission to
6 approve it. She then thanked everyone that has worked to make
7 this a reality.
8
9 Marice Chael is a resident of Cambridge Lawns and also a
10 member of the Historic Preservation Board (HPB) . She thanked
11 staff, all the members of the Planning Board, and Susan Redding
12 who is the Chair of the HPB and who has worked so hard and non -
13 stop on this project.
14
15 Mayor Russell and the Commission also thanked Susan Redding
16 for all her efforts.
17
18 With no further comments or discussion, the motion to
19 approve this item passed by a 4 -0 vote:
20
21 Commissioner Wiscombe: Yea
22 Commissioner Sherar: Out of the Room
23 Vice Mayor Palmer: Yea
24 Commissioner Birts - Cooper: Yea
25 Mayor Russell: Yea
26
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28 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
30 TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
31 MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE
32 CAMBRIDGE LAWNS HISTORIC DISTRICT AND BY PLACEMENT OF
33 A HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE
34 EXISTING ZONING USE DISTRICT FOR THE AREA IDENTIFIED
35 IN THE CAMBRIDGE LAWN HISTORIC DISTRICT DESIGNATION
36 REPORT PROVIDING FOR SEVERABILITY; PROVIDING FOR
37 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
38 DATE. 3/5
39 (City Manager)
40
41 Moved by Vice Mayor Palmer, seconded by Commissioner
42 Wiscombe to approve this item.
43
44 Mr. O'Donniley explained that the designation of a historic
45 site or district requires that the Historic Preservation Board
46 approve a Designation Report which sets forth the history of
47 the district and its architectural significance. It has also
48 been endorsed by the Planning Board, and it is recommended for
49 approval by staff as well.
REGULAR CITY COMMISSION
MINUTES - September 21, 2004
19
1
2 Mayor Russell opened and closed the public hearing with no
3 speakers.
4
5 With no further comments or discussion, the motion to
6 approve this item passed by a 5 -0 vote:
7
8 Commissioner Wiscombe: Yea
9 Commissioner Sherar: Yea
10 Vice Mayor Palmer: Yea
11 Commissioner Birts- Cooper: Yea
12 Mayor Russell: Yea
13
14
15 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
16 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
17 -T0_ AMEND_ THE_ OFFICIAL. _ZONING MAP OF THE CITY OF SOUTH
18 MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE SINGLE
19 FAMILY HOME LOCATED AT 5625 SW 62' AVENUE AS A
20 HISTORIC SITE AND BY PLACEMENT OF A HISTORIC
21 PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING
22 ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOE
23 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
24 AND PROVIDING AN EFFECTIVE DATE. 3/5
25 (City Manager)
26
27 Moved by Vice Mayor Palmer, seconded by Commissioner
28 Wiscombe to approve this item.
29
30 Mr. O'Donniley explained that this property is a fine
31 example of a 1920's neo- classical architectural style and
32 because it has a different style from the remainder of the
33 district is appropriate for the designation of the standards on
34 which it should be judged, or its architecture which is neo-
35 classical. The Historic Preservation Board has found it
36 appropriate for designation and the Planning Board at its
37 August 31, 12004 meeting approved the proposed HP -OV zoning for
38 the above- referenced property
39
40 Mayor Russell opened and closed the public hearing with no
41 speakers.
42
43 Vice Mayor Palmer asked staff for directions since she may
44 wish to apply. Mr. O'Donniley explained that first, the
45 Historic Preservation Board will review the request in order to
46 determine if it would be appropriate to recommend the property
47 for designation, and then there is a process to be followed
48 with the National Registry which will determine if the property
49 meets the guidelines.
REGULAR CITY COMMISSION 20
MINUTES — September 21, 2004
1
2 With no further comments or discussion, the motion to
3 approve this item passed by a 5 -0 vote:
4
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6 Commissioner Wiscombe: Yea
7 Commissioner Sherar: Yea
8 Vice Mayor Palmer: Yea
9 Commissioner Birts- Cooper: Yea
10 Mayor Russell: Yea
11
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14
15 ORDINANCE (S) FIRST READING
16 (None)
17
18 COMMISSION REMARKS
19
20 Commissioner Wiscombe thanked everybody that expressed
21 concern while he was sick with a case of bronchitis these past
22 weeks. He said that he appreciates the understanding, he is back
23 and running and looking forward to being a part of the things to
24 come.
25
26 Vice Mayor Palmer said she wanted to personally thank the
27 City Manager who took her time out to be concerned about her. She
28 also said that the Manager supported her when she approached her
29 with the garbage can reimbursement issue.
30
31 Commissioner Birts- Cooper thanked everybody for coming out.
32 She said that it looks like they have made some people happy
33 while others seem upset. However, they have to do their job, and
34 she believes that they are all trying to be proactive up there.
35 In reference to the respect issue from earlier comments, she said
36 that the Commission deserves respect. She said that it is
37 difficult to be seating in the same spot all the time. You might
38 see our body language that is not what it should be, but we do
39 practice our body language up here, she added. However, some of
40 the criticism we get are just uncalled for and unnecessary. We
41 respect you and we deserve some respect back. She said that she
42 understands that the audiences want to express themselves but
43 there is a way to do it. There is a lot of anger and attitude out
44 there and we can see it from up here, so let's bear with one
45 another so that we can get some things done and go forward,
46 Commissioner Birts - Cooper concluded.
47
REGULAR CITY COMMISSION 21
MINUTES - September 21, 2004
1 Commission Sherar recommended that correspondence received
2 conveying compliments for the government's performance be
3 included in the packages for people to see what we are doing. He
4 referred to traffic calming saying that all it does is taking the
5 problems from one street to another. He then recommended holding
6 town hall meetings later on when the budget process is over.
7
8 Mayor Russell thanked Commissioner Birts- Cooper for the
9 well- reasoned response. Also, she said that it is not really who
10 gets the credit but rather it about getting the job done, and
11 that she is not anxious, as past mayors, to have her name all
12 over everything. On the other hand, that does not mean that she
13 is not putting in plenty of hours every day of every week, every
14 weekend and late into the evenings discussing these issues, like
15 the rest of the Commission, bringing a number of these things
16 forward and monitoring them. She said that she is not going to
17 take repeated waste of everybody's time with aggressive comments
18 at the podium because it is not appropriate. We are going to
19 bring the tone of these meetings as something professional and
20 friendly and we are going to agree and disagree as we saw it
21 tonight, but we are going to move forward together, as
22 Commissioner Birts- Cooper stated it so well, for the best
23 interest of our City, she concluded.
24
25 There being no further business to come before this Body,
26 the meeting adjourned at 11:00 P.M.
27
28 Approved
29 Attest
30
31
32 Maria M. Menendez Mary Scott Russell
33 City Clerk Mayor
REGULAR CITY COMMISSION 2 2
MINUTES - September 21, 2004