10-19-04 Item 11 City of South Miami
2 Regular City Commission Minutes
3 October 5, 2004
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CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, October 5, 2004, beginning at 7:30
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Mary Scott Russell, Vice Mayor Velma Palmer, and,
Commissioners Randy G. Wiscombe, Marie Birts- Cooper and Craig Z.
Sherar.
Also in attendance were: City Manager Maria V. Davis, City
Attorney Luis Figueredo, and City Clerk Maria M. Menendez.
B. Invocation: The invocation was delivered in silence.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentation(s) 7:00 p.m.
(None)
Before the meeting started, Mayor Russell acknowledged the
visit of two special guests, Chief Thomas, Miami-Dade Fire
Department and Special Battalion Chief who handles South Miami,
Chief Fitzgerald.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of September 21, 2004
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Palmer, the motion to approve the Minutes passed by acclamation
by 5 -0 ayes:
2. City Manager's Report:
Rescheduling
Commission meeting.
REGULAR CITY COMMISSION
MINUTES - October 5, 2004
of the November
01
2, 2004 Regular City
1 Ms. Davis asked the Commission if they would like to
2 consider rescheduling the meeting of November 2, 2004 due to the
3 presidential elections held on the same date. It was the
4 consensus of the Commission to move the meeting to Monday,
5 November 1, 2004.
6
7 a) Tree removal at 7500 SW 57th Court
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9 Mr. O'Donniley explained that this is a very large ficus
10 tree that was being trimmed. The tree removal permit was issued
11 on August 23rd. At that time Doug Baker, who is our resident
12 arborist, stated that the mitigation would be two hardwood trees
13 with a minimum height of 12 to 14 feet tall. His decision at that
14 time was due to the fact that the tree was a ficus, which is not
15 a protected species. After receiving several complaints, Mr.
16 Baker revisited the issue, concluding that the owner should plant
17 seven replacement trees for the removal of the ficus. The tree
18 removal permit has been amended to reflect this change.
19
20 b) Request for feedback on the "Parking Committee Report"
21 presented to the City Commission at the June 8, 2009 meeting.
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23 Ms. Davis proceeded to go over and respond to the questions
24 from the Memorandum dated September 20, 2004 submitted by the
25 Parking Committee to the Commission:
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27 1. Replace all parking signs with an improved version
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29 She needs to get some back up on that.
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31 2. Encourage all garages to offer low monthly rates to
32 accommodate employees
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34 She said that we are in the process of doing that.
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36 3. Keep Parking fees low
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38 At this point and time we do not intend to increase
39 parking fees.
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41 4. Address lighting on 73rd with the completion of Plaza 57
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43 That is already underway.
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45 5. Construct additional municipal parking spaces
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47 We are in the midst of planning for that.
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49 6. Revise parking regulation in the Land Development Code
REGULAR CITY COMMISSION 2
MINUTES - October 5, 2004
1 We are doing that with the EAR process.
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3 7. Include report's design elements in a garage design
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5 We will take that into consideration.
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7 8. Investigate a special taxing district to finance garage
8 projects
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10 We are in discussion with that as well.
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12 Shirley Huebner, a member of the Parking Committee,
13 requested a more concrete feedback from the Commission. She
14 referred to signs in particular, saying that the signage in our
15 City is very confusing and the whole system should be revisited.
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17 Major Russell said that they need an inventory of all the
18 signs to see how they can be consolidated and made more
19 uniformed.
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21 Commissioner Wiscombe said that he would like to see other
22 samples so that we may not have to imitate Coral Gables.
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24 Al Elias, also a member of the Committee, urged the
25 Commission to look at the future growth of both parking and
26 traffic and its impact on the City. He said that it is not going
27 to get any better; therefore, we need to find every way possible
28 to keep the arteries flowing.
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30 Commissioner Sherar said that he cannot wait to see where we
31 are going to draw the line on the special taxing district.
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33 Ms. Davis said that all of the requests on the Consent
34 Agenda are coming out of the FY 04/05 budget, in response to
35 Commissioner Sherar's inquiry.
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37 Commissioner Sherar also referred to the Hometown Station
38 issue.
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40 Mayor Russell said that they are breaking ground on the 12th
41 of October, and it is a different plan from what they saw
42 originally; therefore, she said that they should schedule a
43 workshop with the Masvidal Group.
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45 Ms. Davis told the Commission to be prepared at the next
46 meeting to see many budgeted items coming out of the FY 04/05
47 budget, which are annual expenditures. She said that this is not
48 the way that it has been handled in the past but that this is the
49 way that she will be handling it from this point on, to make sure
50 that they see everything that we are spending.
REGULAR CITY COMMISSION 3
MINUTES - October 5, 2004
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Vice Mayor Palmer then referred to the length of the
Commission meetings. She indicated that she is concerned because
the most important items are heard late into the night, at a time
when everybody is tired and they have to rush into making
important decisions.
Mr. Figueredo then expanded on the Vice Mayor's concerns,
saying that one of her suggestions is to reorganize the agenda so
that the public remarks come at the end of the meeting in order
to take care of the important issues first. The other item that
he discussed with the Vice Mayor was to modify the ordinance
which requires a 4/5 vote to extend the meeting to 11:00 p.m. On
the other hand, the ordinance does not create parameters for
extending the meetings; perhaps meetings should be extended when
essential City businesses need to be accomplished. Another
suggestion would be to add "unfinished business" as another item
on the agenda, in order to take care of those items that were not
heard.
Commissioner Wiscombe then said that maybe they should take
the 11:00 p.m. ordinance that he put through and amend it in
order to set limitations.
Mayor Russell concurred with the concerns of Vice Mayor
Palmer and said that she welcomes any resolution that she brings
forward on that matter.
Commissioner Birts- Cooper said that we should not need a new
resolution if there is one already in place; we just need to
reinforce it. Mayor Russell said that if we want to put some more
stringent parameters we need to do it in writing.
Commissioner Sherar said that if people are willing to take
their time to come to these meetings, then, he wants to hear from
them. He said that they can also move the presentations to the
end of the meeting so that the public may speak starting at 7:00
p.m.
Vice Mayor Palmer said that they do want to hear from the
people but that they also have to set limits.
With no further comments or discussion, the City Manager's
Report concluded.
3. City Attorney's Report:
Attorney Figueredo said that he will provide the Commission
with a copy of the Jenning's Ruling case and report.
REGULAR CITY COMMISSION 4
MINUTES - October 5, 2004
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With no further comments or discussion, the City Attorney's
Report concluded.
PUBLIC REMARKS
(5- minute limit)
Shirley Huebner spoke regarding the issue of moving the
public remarks to the end of the meeting, urging the Commission
to leave them where they are. She said that the public wants to
express an opinion before they vote on the issues and not after.
David Tucker Sr., as usual, spoke words of wisdom. He took
this time when we are celebrating "City Government Week" to
remember those determined men and women of the Mayflower who
arrived here in November of 1620.
Yvonne Beckman referred to the ficu.s tree that was cut down,
saying that she would like to see the exact measurement of the
canopy which was not included in the package. She said that the
replacement trees are required to provide the same amount of
canopy as the one that was removed. She then urged the Commission
to call her now and then and ask her how she and her neighbors
feel about the different issues. She also urged the Commission to
leave the public remarks at the beginning of the meeting. Also,
she asked that information on the EAR process be provided to all
the citizens.
John E. Smith addressed the
of July 27, 2004 regarding the
South Miami, and requested that
with tonight's minutes.
Commission regarding his letter
provision of bicycle lanes in
copy of his letter be included
Sharon McCain referred to the trees saying that the
information the City Manager provided is incorrect, saying that
it can be seen from the picture that there are 7600 ft of canopy
that needs to be replaced; we need 12 -14 trees category 1. She
then referred to the City Manager's raise, asking as to whether
the evaluation forms had been submitted by the Commission. She
then continued expressing concern on different issues, adding
that she will be calling every Commissioner to have a discussion
about the City Manager because there is an amendment on the
evaluation.
Dick Ward commended Commissioner Sherar for saying that
people have the right to speak. With regard to the length of the
meetings, he urged the Commission to review the Robert's Rule of
Order. He said that after a member on the dais has spoken for the
second time, it is up to the Chair to allow anyone to speak
again. He said that he realizes that the Commission gets tired at
these meetings but that can be applied to the public as well.
REGULAR CITY COMMISSION
MINUTES - October 5, 2004
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2 Walter Harris also referred to trees, saying that on SW 74
3 Street and SW 61 Avenue some oak trees were also cut down and
4 chopped in little pieces. He then said to concur with Ms. McCain
5 with respect to the importance of completing the evaluation for
6 the Manager before discussing the resolution. He again urged the
7 Commission to place the part -time employees back to full -time. He
8 also requested that the SMHOA phone number be included in the
9 South Miami activities. Then he asked where is Ron Stroyne.
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11 At this time the Mayor read into the record a letter
12 submitted from Kenneth Merker regarding the removed tree at 7500
13 SW 57 Court.
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15 After there were no more speakers, the Public Remarks
16 section was closed.
17
18
19 CONSENT
20
21 Resolution No. 151 -04 -11930
22 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
23 CITY OF SOUTH MIAMI, FLORIDA, RECOGNIZING CITY
24 GOVERNMENT WEEK, OCTOBER 17 -23, 2004, AND ENCOURAGING
25 ALL CITIZENS TO SUPPORT THE CELEBRATION; PROVIDING
26 FOR AN EFFECTIVE DATE. 3/5
27 (Mayor Russell)
28
29 Resolution No. 152 -04 -11931
30 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
32 MANAGER TO DISBURSE THE SUM OF $4,450.00 TO US LAWNS
33 OF SOUTH DADE FOR SERVICES ASSOCIATED WITH LANDSCAPE
34 MAINTENANCE AND AUTHORIZE DISBURSEMENT FROM FY2003-
35 2004 ACCOUNT NUMBER 001- 1730 - 541 -4625, "PUBLIC WORKS
36 DEPARTMENT LANDSCAPE MAINTENANCE"; PROVIDING FOR AN
37 EFFECTIVE DATE. 3/5
38 (City Manager)
39
40 Resolution No. 153 -04 -11932
41 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
42 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
43 MANAGER TO PURCHASE ONE F250 PICK UP TRUCK FROM
44 ATLANTIC TRUCK CENTER IN AN AMOUNT OF $29,919.00
45 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT
46 STORMWATER OPERATING EQUIPMENT ACCOUNT NUMBER 111-
47 1730- 541 -6430; PROVIDING FOR AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 6
MINUTES - October 5, 2004
(City Manager)
Resolution No. 154 -04 -11933
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE A SUM OF $13,858 FROM ACCOUNT
NUMBER 01- 1910 - 521 -3450 TO USA SOFTWARE INC., FOR THE
RENEWAL OF THE 2004/2005 POLICE DEPARTMENT
SUPPORT /MAINTENANCE AGREEMENT; PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
Resolution No. 155 -04 -11934
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE A SUM OF $8,935.00 FROM ACCOUNT
NUMBER 01- 1910 - 521 -3450 TO AETHER SYSTEMS INC., FOR
THE RENEWAL OF THE 2004/2005 SUPPORT /MAINTENANCE
AGREEMENT FOR THE POLICE DEPARTMENT. PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 156 -04 -11935
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $6,000 TO
COMMUNICATIONS INTERNATION INC., FOR THE PURCHASE OF
OPERATING EQUIPMENT FOR FISCAL YEAR 2004 -.2005 TO THE
POLICE DEPARTMENT CHARGING THE FUNDS TO ACCOUNT
NUMBER 1910- 521 -6430, (OPERATING EQUIPMENT);
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 157 -04 -11936
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE A SUM NOT TO EXCEED $14,821 TO
IBM CORPORATION, FOR THE PURCHASE OF MOBILE DATA
TERMINALS FOR THE POLICE DEPARTMENT CHARGING THE
FUNDS TO ACCOUNT NUMBER 1910- 521 -6430, (OPERATING
EQUIPMENT); PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 158 -04 -11937
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $9,500 TO
REGULAR CITY COMMISSION 7
MINUTES - October 5, 2004
CDW -G, FOR THE PURCHASE OF OPERATING EQUIPMENT FOR
FISCAL YEAR 2004 -2005 TO THE POLICE DEPARTMENT
CHARGING THE FUNDS TO ACCOUNT NUMBER 1910- 521 -6430,
(OPERATING EQUIPMENT). PROVIDING AN EFFECTIVE DATE.
3/5
(City Manager)
Resolution No. 159 -04- 11938
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH SIGMA
COMMUNICATIONS INC., FOR THE REVERSE 911 INTERACTIVE
NOTIFICATION SYSTEM IN THE AMOUNT OF $30,811 TO BE
CHARGED TO EMERGENCY PREPAREDNESS GRANT ACCOUNT
NUMBER 114 -0000- 331 - 1535; PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
Resolution No. 160 -04 -11939
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF
$8,606.96; CHARGING $8,606.96 TO ACCOUNT NO. 1500 -
514 -3440, OTHER CONTRACTUAL SERVICES - CONSULTING
LABOR; PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar to approve the Consent Agenda.
Commissioner Wiscombe referred to items 7 and 8 which show
the same balance. Ms. Davis explained that this is correct
because we have no way of knowing whether or not the Commission
would authorize the expenditures.
With the further comments or discussion, the motion to
approve the Consent Agenda passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
REGULAR CITY COMMISSION 8
MINUTES - October 5, 2004
1 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
Ordinance No. 11 -04 -1818
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL
AMENDMENTS TO THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY AMENDING SECTION 20 -3.1 ENTITLED
"ZONING USE DISTRICTS AND PURPOSES" IN ORDER TO ADD
A NEW HISTORIC PRESERVATION OVERLAY DISTRICT (HP -OV);
BY AMENDING SECTION 20 -5.17 ENTITLED "DESIGNATION OF
HISTORIC DISTRICTS" IN ORDER TO CLARIFY THE PROCESS
OF DESIGNATING HISTORIC SITES AND DISTRICTS;
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Vice Mayor Palmer, seconded by Commissioner
Wiscombe to approve this item.
Mr. O'Donniley explained that the proposed ordinance amends
the "Zoning Use Districts and Purposes" Section by creating the
Historic Preservation Overlay District classification with a
defined district purpose statement. The symbol "HP -OV" is also
being established and will be placed on the zoning map.
Mayor Russell opened the floor for public hearing and Yvonne
Beckman stood up to recommend approval. With no more speakers
the public hearing was closed.
With no further comments or discussion, 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
Ordinance No. 12 -04 -1819
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE
CAMBRIDGE LAWNS HISTORIC DISTRICT AND BY PLACEMENT OF
A HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE
EXISTING ZONING USE DISTRICT FOR THE AREA IDENTIFIED
REGULAR CITY COMMISSION 9
MINUTES - October 5, 2004
1 IN THE CAMBRIDGE LAWN HISTORIC DISTRICT DESIGNATION
2 REPORT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
3 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
4 DATE. 3/5
5 (City Manager)
6
7 Moved by Commissioner Wiscombe, seconded by Vice Mayor
8 Palmer to approve this item.
9
10 Mr. O'Donniley explained that this will be our first
11 official designation under the new procedure which the
12 Commission just adopted. He noted that the Historic Board
13 worked long and hard towards this end and did find that this is
14 an eligible area that should be designated. The Planning Board
15 also reviewed this and recommended approval by a 5 -0 vote.
16 Staff is also recommending that this ordinance approving the
17 designation of the Cambridge Lawns Historic District be
18 adopted.
19
20 The Mayor opened and closed the floor for public hearing
21 with no speakers.
22
23 With no further comments or discussion, the motion to
24 approve this item passed by a 5 -0 vote:
25
26 Commissioner Wiscombe: Yea
27 Commissioner Sherar: Yea
28 Vice Mayor Palmer: Yea
29 Commissioner Birts- Cooper: Yea
30 Mayor Russell: Yea
31
32 Ordinance No. 13 -04 -1820
33 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
34 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
35 TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
36 MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE SINGLE
37 FAMILY HOME LOCATED AT 5625 SW 62nd AVENUE AS A
38 HISTORIC SITE AND BY PLACEMENT OF A HISTORIC
39 PRESERVATION OVERLAY ZONE (HP —OV) OVER THE EXISTING
40 ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOE
41 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
42 AND PROVIDING AN EFFECTIVE DATE. 3/5
43 (City Manager)
44
45 Moved by Commissioner Wiscombe, seconded by Commissioner
46 Birts- Cooper to approve this item.
47
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Mr. O'Donniley explained that this is an individual site at
5625 SW 62nd Avenue which is immediately adjacent to the
Cambridge Lawns Historic District which was just designated by
the Commission. The Designation Report for the above - referenced
residence was approved by the Historic Preservation Board after
a public hearing on July 26, 2004, because of its architectural
significance. Also, the Planning Board by a 5 -0 vote
recommended that it be placed on the zoning map. Staff
recommends that the ordinance be adopted.
The Mayor opened and closed the floor for public hearing
with no speakers.
With no further comments or discussion, 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 (S) /PUBLIC HEARING (S)
Resolution No. 161 -04 -11940
17. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
A VARIANCE FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT
CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE
5618 SQUARE FEET, WHERE A MINIMUM LOT SIZE OF 10,000
SQUARE FEET IS REQUIRED ON PROPERTY LOCATED AT 7001 SW
61 AVENUE, SOUTH MIAMI, FLORIDA WITHIN THE "MO" MEDIUM -
INTENSITY OFFICE ZONING USE DISTRICT; AND PROVIDING FOR
AN EFFECTIVE DATE. 4/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioners
Birts- Cooper and Wiscombe to approve this item.
Mr. O'Donniley indicated that the applicant is requesting
approval of a variance in order to redevelop the property which
is currently occupied by a one story building used as a medical
office. He is proposing to build a new three -story office
building with parking on site. The applicant, in a hardship
letter, claims that the substandard size of the property
prohibits the use of the same for its intended purpose.
REGULAR CITY COMMISSION
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The variance request is not a unique situation. Staff also
noted that this area, consisting of two blocks, is the only
location for the MO zoning district in the City.
The Planning Board arrived to the conclusion that there is a
hardship and by a 4 -1 vote recommended approval of the
variance. However, as per staff's observations as stated in the
report attached to the proposed ordinance, it is recommended
that the request for variance be denied.
To the Vice Mayor's question, Mr. O'Donniley reiterated
staff's observations, saying that staff recognizes that the MO
zoning and the Future Land Use category in this area needs to
be re- examined in light of its location close to Metrorail and
the abutting TODD(MU -5) district. These types of changes can be
addressed as part of the Comprehensive Plan's Evaluation and
Appraisal process (EAR).
Commissioner Wiscombe asked Mr. O'Donniley as to how the
decision on this request would impact the other parcels in
terms of setting a precedent. Mr. O'Donniley said that each
case is based on facts and each one stands on its own.
Commissioner Birts- Cooper asked Mr. O'Donniley that since
they do not know whether there are additional similar parcels
in the City, if there is anything that they could do to treat
this case individually so that the applicant can move on with
his project, and then, treat each project as they are
presented. Mr. O'Donniley said that this is precisely the
underlying argument for granting the variance.
Vice Mayor Palmer asked regarding parking restrictions
relating to this request. Mr. O'Donniley explained that the
parking would be tied to the use, it is a medical office and
the applicant has to meet the parking ratio.
Mayor Russell then opened the floor for public hearing and
Attorney Figueredo swore in speakers.
Applicant Dr. William Muinos said that about a year ago he
started looking for a facility to establish his practice with
the main purpose of offering a nutritional program for
overweight children. He said that he basically purchased the
property based on the information that was provided to him that
he could open an office there. He said that this facility that
he plans to open will be the first of that type in South Miami.
Alex Rodriguez, the general contractor working with Dr.
Muinos, said that their intention is to build within the
requirements dictated by the City. All the parking will be on-
REGULAR CITY COMMISSION
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1 site and they will not be requiring any variance for outside
2 parking. The building will be about 4,000 sq ft.
3
4 Juan Gomez, the architect for the project, responded to
5 questions regarding parking posed by Commissioner Sherar. Mr.
6 Gomez said that all the cars will have to fit within the lot,
7 otherwise the size of the building will have to be reduced.
8
9 Commissioner Sherar warned the applicant about any future
10 parking variance requests which he will not be considering for
11 approval.
12
13 Mayor Russell said that the applicant needs to go before the
14 ERPB for their approval.
15
16 Mr. O'Donniley clarified that this variance deals only with
17 the lot size. Commissioner Sherar indicated that he would not
18 be considering any requests for variance on setbacks in the
19 future either.
20
21 Sharon McCain spoke in favor of the variance. She said that
22 it is for a good cause since it will help children control
23 their weight that causes so many health problems later on in
24 life.
25
26 With no other speakers the public hearing was closed.
27
28 With no further comments or discussion, the motion to
29 approve this item passed by a 5 -0 vote:
30
31 Commissioner Wiscombe: Yea
32 Commissioner Sherar: Yea
33 Vice Mayor Palmer: Yea
34 Commissioner Birts- Cooper: Yea
35 Mayor Russell: Yea
36
37
RESOLUTION (S)
38
39
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
40
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING
A MERIT
41
INCREASE OF $15,000 IN THE CITY MANAGER'S
SALARY;
42
PROVIDING FOR EFFECTIVE DATE.
3/5
43
(Mayor Russell)
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Moved by Mayor Russell, seconded by Commissioner Wiscombe,
46
to defer this item until all the Commissioners
complete and
47
file their evaluation.
48
REGULAR CITY COMMISSION 13
MINUTES - October 5, 2004
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Vice Mayor Palmer said that the reason for not turning in
the evaluations on time was probably because they have all been
very busy with the budget process.
Mayor Russell indicated that in the seven years that she has
been on the Commission, this has never come before the
Commission in this format before, and that it was the Manager's
idea because she wanted the process to be honest and
transparent
Vice Mayor Palmer asked if the evaluation will determine the
outcome of the salary. Mayor Russell said that it should be
filed prior to voting on this item.
With no further comments or discussion, the motion to defer
this item to the next meeting passed by a 4 -1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO FORMER CITY
MANAGER CHARLES SCURR'S PENSION; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A SETTLEMENT PAYMENT NOT TO EXCEED
$107,000 TO METLIFE INVESTORS INSURANCE COMPANY ON HIS
BEHALF AS SATISFACTION OF THE RETIREMENT CLAUSE IN HIS
EMPLOYMENT CONTRACT; PROVIDING FOR THE DISBURSEMENT
FROM SETTLEMENT ACCOUNT 001- 2100- 519 -9924; AND
PROVIDING AN EFFECTIVE DATE. 4/5
(City Manager)
Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
Cooper to approve this item.
Ms. Davis said that the purpose of this resolution is to ask
the Commission for authorization to negotiate this settlement.
We have now gone through four attorneys with the same opinion,
although the final attorney provided some additional
information for her to go back to the table and renegotiate.
Mayor Russell said that we are budgeted for it, and that she
supports the Manager with her efforts to negotiate and try to
get us the best deal possible in order to put this behind us
once and for all. She said that she rather spends the money
settling it than spending much more money in litigation.
REGULAR CITY COMMISSION
MINUTES - October 5, 2004
14
1 Commissioner Wiscombe said that he believes that the
2 Commission gave direction to staff to put this money into cash
3 reserve and stay there, and not on a separate account, but the
4 resolution shows that the money is in a settlement account. Ms.
5 Davis said that she will check with the Finance Director about
6 this.
7
8 Commissioner Sherar said that he has had a lot of further
9 discussions with the attorney whose recommendation is basically
10 that this is a 50/50 deal. He said that after listening and
11 talking to him, he does not think that Mr. Scurr has so much of
12 a chance for winning since there seems to be a lot of things
13 which appear to have been done against following proper
14 procedure. He said that they should try settling the matter,
15 but that he is not willing to give the Manager a $107,000
16 authorization. He said that if this matter went to litigation,
17 he would anticipate it would cost us between $20,000 - $30,000
18 for attorneys' fees. He said that he is willing to settle it
19 but as a matter of convenience.
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21 Commissioner Sherar then moved to amend line 40, Section 1
22 of the proposed resolution to read $20,000.
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24 Commissioner Wiscombe said that there are no secrets on how
25 he feels about this issue, and one of the things that he has
26 brought up in the past is the whole issue about the payment
27 into the pension. He said that his feeling is that he would
28 like this to go as it is right now, neither go up or down, and
29 let him think about it. The money is in the cash reserve and I
30 rather not put the money out there right now, and see what he
31 is going to do, he added.
32
33 Commissioner Sherar then asked Commissioner Wiscombe if he
34 is suggesting to put a `0' figure on there right now, let the
35 Manager go back and negotiate with Mr. Scurr, and come back to
36 us with what the number is? Commission Wiscombe said yes,
37 because this way we are sending the message that we are willing
38 to litigate if we need to.
39
40 Commissioner Sherar then recalled that at the time when this
41 issue" came up at a previous City Commission meeting, he asked
42 Mr. Scurr's attorney to write up, a brief and send it to the
43 Commission for their consideration; he knew that I was a lawyer
44 and he did not do it. The fact that he did not do it is prima
45 facie evidence that he did not have anything to do, he added.
46
47 Ms. Davin said that the last attorney highlighted some areas
48 that were not highlighted in the past, and therefore, she feels
49 confident going back to renegotiate.
50
REGULAR CITY COMMISSION 1 5
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Vice Mayor Palmer asked as to how much we have spent so far
on this matter. Ms. Davis indicated that the cost of the last
attorney's opinion was $7,000 and that it does not seem to have
been any other charges related to this matter. Ms. Davis also
responded for clarification to the Vice Mayor that she intends
to go back and renegotiate with Mr. Scurr face -to -face,
provided that this is the direction of the Commission.
Commissioner Sherar's amendment to change the amount from
$107,000 to $20,000, failed for lack of a second.
With no further comments or discussion, the motion to
approve this item failed by a 2 -3 vote
Commissioner Wiscombe: Nay
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Nay
Mayor Russell: Yea
Mayor Russell moved to direct Ms. Davis to go back and
renegotiate and do the best she can for the City and bring back
the results in the form of a resolution. The motion passed by
unanimous acclamation.
Vice Mayor Palmer asked as to whether we are prepared for
litigation, in the event that the Manager's attempt to negotiate
fails. Mayor Russell and Commissioner Wiscombe said that they
should wait and see with what she comes back.
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(None)
ORDINANCE (S) FIRST READING
(None)
COMMISSION REMARKS
Mayor Russell referred to the issue of the ficus tree,
asking staff to clarify it in order to put the issue to rest once
and for all. She said that she does not want anybody to think
that we are not doing our job and not protecting our trees.
Mr. O'Donniley clarified the issue by referring to the
REGULAR CITY COMMISSION 1 6
MINUTES — October 5, 2004
1 specific terms of Section 20 -4.5 of the Land Development Code. In
2 conclusion, he indicated that saving the tree was not required
3 and that it was a voluntary act on the part of the owner to try
4 to settle the dispute with the neighbors.
5
6 There being no further business to come before this Body,
7 the meeting adjourned at 9:35 P.M.
8
9 Approved
10 Attest
11
12
13 Maria M. Menendez Mary Scott Russell
14 City Clerk Mayor
REGULAR CITY COMMISSION 17
MINUTES - October 5, 2004
jCD" i smi-ri -I
July 27, 2004
Hon. Mayor Mary Scott Russell
Hon. Vice Mayor Velma Palmer
Hon. Marie Birts- Cooper
Hon. Craig Z. Sherar
Hon. Randy G. Wiscombe
CITY OP SOUTH MIAMI
6130 Sunset Drive
South Miami, FL 331,)x3
Dear Honorable Mayor, Vice Mayor and Commission:
Recently I spoke before the City Commission regarding the inclusion of bicycle lanes
in the "downtown" area of the city.
As we articulate promoting South Miami as being pedestrian and bicycle friendly, I
have often also addressed the need to have the required signage: "Yield to
Pedestrians" at crosswalks. Not that I advocate the proliferation of signs, I
understand this is a requirement to enforce such a reasonable expectation..,
By wa , of some background regarding bicycle lanes in South Miami:
On July 20, 1995, the Metropolitan Planning Organization (MPO), adopted a
resolution (MPO 35 -95) approving the Dade County Bicycle Facilities Plan as an
Element of the Metro -Dade "Transportation Plan. In that document, Municipal
Comprehensive Plans Relating to Bicycle Use, were included as in append -ix. The
City of South Miaini had included such plans to "prepare a sidewalk and bikeway
plan with special attention to downtown." (see attached).
Ideally as the prospect of the development of the FFC corridor (adjacent to 69
Avenue) to a linear park and bicycle trail, a bicycle lane along Sunset Drive to
connect: to the downtown South Miami area is most desirable.
In 1997, with the redevelopment of Sunset Drive concurrent with the Construction of
The Shops of Sunset Place, it was determined by the city not to include a bicycle
lane on Sunset Drive. In meetings with the Dade County Bicycle/ Pedestrian
Coordinator, members of the BPAC (Bicycle /Pedestrian Advisory Comnin ttee) and
myself as a resident, cyclist and President of Bike Miami, Inc. it was determined to
include a bicycle lane on 74 Street connecting to Sunset Drive, (The opening of 73
Street co the City Hall /Library campus complex: also would provide access across
US #l.). This was done to avoid the prospect of an injunction being filed which
would have delayed the timely infrastructure improvements on Sunset Drive. A copy
of a memo from the then City of South Miami Planning Director is included as an
attachment.
- con't, -
7531 SOLITI-IWEST 64T" COLIKI_ . SOLITH MIAMI, FLOMDA 331413
T: 305.665.2838 . C: 305.790.7303 . F, 305.665.2930
EMAIL: JE.SMIAJM1@EAKTHLINK.NET
CITY OF SOUTH MIAMI
page two
As the City is now in the process of redevelopment of the downtown core including
741h Street, it is imperative that the needs of cyclists be taken into account.
Yours truly,
John Edward Smith
C: Maria V. Davis, City Manager
David Henderson, MPO Bicycle /Pedestrian Coordinator
7531 SOLITI- IWESI' 64'" COIIRl- , SOLI FFI MIAMI, FI.OKIDA 331,13
T: 305.665.2839 . C: 305.790.7303 , F: 305,665.2930
EMAIL: f ESMIAN4I @FAR °I- I-I LINK, NE-
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