11-01-04 Item 1bDRAFT
1 City of South Miami
2 Regular City Commission Minutes
3 October 19, 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, October 19, 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 Marie Birts- Cooper and Craig Z. Sherar.
15 Commissioner Randy G. Wiscombe was absent.
16
17 Also in attendance were: City Attorney Eve Boutsis,
18 Planning Director Don O'Donniley and City Clerk Maria M.
19 Menendez. City Manager Maria V. Davis was absent.
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21 B. Invocation: The invocation was delivered in silence.
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23 C. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
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26 D. Presentation(s) 7:00 p.m.
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28 1. Presentation by Chamber South of the 33rd Annual Art
29 Festival to be held November 6 & 7, 2004 on Sunset Drive.
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31 Donna Mason, representing Chamber South, addressed the
32 Commission with regard to the upcoming event November 6 and 7.
33 She said it will be better than ever and that they will have
34 about 170 artists from all over the country who will be
35 displaying. This year's poster is a vibrant watercolor called
36 "Java Moon," by local artist Marcy Grosso. Their sponsor,
37 SunTrust Bank will be passing out crayons and coloring posters
38 for the children.
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40 2. Presentation by American Automobile Association of the
41 2nd Annual AAA Car Event to be held on October 23, 2004 in the
42 parking lot at City Hall.
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44 A representative of the AAA addressed the Commission
45 regarding this event which is being held Saturday, October 23rd
46 form 9 a.m. to 5:00 p.m.
47
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1 3. Summary presentation by consultant on survey of adult
2 entertainment establishments in the vicinity of South Miami.
3
4 Mr. Joe Corradino conducted a presentation on this issue.
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6 Mr. Corradino explained that an analysis was conducted of
7 the location of each business within five miles of the City's
8 border. According to their findings, 19 adult entertainment
9 businesses were found within five miles of South Miami's border.
10 They also concluded that each of the surrounding communities has
11 zoning regulations that are very similar in their definitions,
12 permission and restrictions on permitted uses. In addition, each
13 jurisdiction has chosen to locate these adult - oriented activities
14 away from residential areas and public facilities that are
15 frequently used by minors such as schools, places of worship,
16 parks, libraries and daycare centers.
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18 At the conclusion of the presentation, Mayor Russell asked
19 staff as to whether 18 establishments within five miles of our
20 City Hall fulfill the need of the community enough so that we can
21 say: no more in South Miami City limits?
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23 City Attorney Boutsis indicated that there are two schools
24 of thought on this issue and arguments can go either way;
25 therefore the chances are that we can get sued by either
26 position.
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28 Mayor Russell reiterated her question as to whether the
29 existing 18 establishments within five miles of the City will
30 suffice and guarantee us a good chance of winning in the event
31 that we deny any further requests for opening these types of
32 establishments in our City. Attorney Boutsis said that she was
33 not prepared to answer that question at the present time. Mayor
34 Russell then said that she needs an answer to that question from
35 the City Attorney so that they can give staff some direction on
36 this as soon as possible.
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38 Mr. O'Donniley said that the study conducted by the
39 Corradino Group was very well done and provides very useful
40 information.
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42 Commissioner Sherar said to the consultant that he would
43 have liked to see the actual distances where the establishments
44 are located from South Miami.
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46 Mr. Corradino said that he will be providing the City with a
47 map showing the actual distances.
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49 Vice Mayor Palmer asked as to whether all the communities
50 included in the study have the same type of zoning. Mr.
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1 O'Donniley explained that each jurisdiction has its own separate
2 zoning approach.
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4 With no further comments or discussion the above
5 presentation concluded.
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7 Mayor Russell announced that she will be bringing a
8 resolution at the next meeting appointing Commissioner Birts-
9 Cooper as the new liaison to the Miami -Dade League of Cities.
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11 Mayor Russell then read a letter of commendation from a
12 resident for one of our police officers, Commander Bobby
13 Richardson, speaking highly of his courtesy and professionalism.
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15 At the conclusion of the presentations, Mayor Russell called
16 for a 5- minute recess.
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18 As the meeting reconvened, Mayor Russell announced that
19 public speaking would be limited to three minutes tonight in
20 order to cover all the items within a reasonable time. She also
21 announced that items 18 and 19 on the Agenda (now 15 & 16) would
22 be deferred at the request of the applicant.
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24
25 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
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27 1. Minutes of October 5, 2004
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29
Moved by Commissioner Sherar, seconded
by Commissioner
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Birts- Cooper, the motion to approve the Minutes passed by
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unanimous acclamation.
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2. City Manager's Report:
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(None) .
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3. City Attorney's Report:
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(None)
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PUBLIC REMARKS
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(5- minute limit)
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David Tucker Sr. referred to his feelings
of fear for the
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country and for the possibility of loosing the
freedom that we
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all enjoy.
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46
Shauntee Wells spoke with concern about
the After - School
47
Program. She said that the structural changes
that have taken
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place recently have affected the quality of this program. She
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1 specifically asked for the square footage of the room dedicated
2 to the program at the Community Center. She also indicated that
3 she would like to meet with the Mayor on Thursday at 6:30 p.m. of
4 next week at the Community Center.
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6 Shaunte's daughter spoke about the after - school program
7 which she attends. Mayor Russell asked her if she likes the
8 building. She responded that she likes it but that the room is
9 small.
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11 At this point Commissioner Sherar indicated that he would
12 like to schedule a workshop to discuss the issues related to the
13 After - School Program. Mayor Russell said that she will be
14 forwarding all the information that she has put together on this
15 to all the Commissioners for their review and then they could
16 have a discussion on the issue.
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18 Phyllis Le Shane indicated that she had been the director of
19 the South Miami After - School House (1984- 1994), and that she was
20 coming before the Commission to speak on the subject at the
21 request of Ms. Wells.
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23 Adrian Ellis also spoke with regard to the After - School
24 Program and how important it is for him. He introduced some of
25 his children who attend the program and they were all afforded
26 time to address the City Commission expressing their concerns.
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28 Lew Sellars referred to the item relating to the Red Commons
29 project and also on the item relating to the street sweeping
30 agreement.
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32 Luther Banks also spoke regarding the After - School Program
33 expressing his concerns.
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35 Cathy McCann said that she was sitting on the Commission at
36 the time that the After- School House started and it was one of
37 the most wonderful things that the City had to offer, and one of
38 the reasons that it worked so well is because of the volunteers.
39 She indicated that volunteers are essential to the success of the
40 program. She then referred to Sylva Martin, pioneer and former
41 City Clerk of the City. She pointed out that her portrait had
42 disappeared. She also referred to the tapestry that was donated
43 to the City by Sylva's relatives who lived in Switzerland. The
44 tapestry, done by a renowned artist in Europe, was hand woven and
45 hand dyed, depicting the story of St. Martin as it relates to
46 Sylva. The tapestry hung in City Hall by resolution of the
47 Commission for a period of time; beside it, hung the reasons for
48 celebrating Sylva Martin's life. Commissioner Danny Brown, in the
49 late `80s or early `90s, she continued, introduced to the City
50 Commission a resolution providing that every time that the City
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1 honored someone by naming something after him /her, that there
2 should be an explanation in the building of why a particular
3 building was named after a person. We have one in Rosie Lee
4 Wesley Clinic so that everyone knows why the clinic was named
5 that way. She said that the last time she heard about the
6 tapestry was six months ago and that it was in Public Works.
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8 Cal Rosenbaum complimented Commissioner Sherar for
9 supporting that the public remarks remain at the beginning of the
10 agenda.
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12 Mayor Russell took the opportunity to thank Mr. Rosenbaum
13 for generously and quietly donating his parking lot property for
14 the `Aids Bike Ride' that raises money for a number of aids
15 charities. Also, she recognized Mr. Rosenbaum publicly for his
16 donation to the Lowe Art Museum for which he was honored on
17 Saturday.
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19 Jay Beckman urged the Commission to allow for the
20 discussions on the items to take place. He was particularly
21 referring to the initiative relating to building heights where
22 the items were brought before the Commission but were not
23 discussed.
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25 Walter Harris complemented Vice Mayor Palmer for her
26 proposed resolution to refund the garbage cans fee. He then urged
27 the Commission again to return the part -time people back to full
28 time.
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30 Sharon McCain referred to the City Manager's proposed merit
31 increase, and proceeded to submit to the Commission information
32 that she put together on this issue. She then went over the
33 Manager's salary, establishing comparisons with that of former
34 City Manager Scurr, and also referring to the formal education of
35 each individual. She then indicated that she had just submitted
36 to the Clerk a record request for the transcripts of former Mayor
37 Feliu's investigation. She also referred to certain emails
38 relating to an incident involving her and Yvonne Beckman with the
39 South Miami police. Ms. McCain then referred to the agenda item
40 relating to the purchase of a lawn mower saying that she does not
41 know why we are not outsourcing maintenance of this type. She
42 also referred to a resolution passed in March 2004 for a salary
43 survey for everyone in the City, including the police and take -
44 home cars. She then urged everyone to vote no on the salary
45 increase.
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47 Yvonne Beckman also referred to the incident referred by Ms.
48 McCain involving the police. She also urged to investigate as to
49 whether outsourcing some maintenance services would be more
50 advantageous to the City.
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1
2 Lew Sellars clarified that the tractor that is being
3 purchased is used at Palmer Park to maintain the ball fields
4 there. It is not for landscaping.
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6 After there were no more speakers, the Public Remarks
7 section was closed.
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9 At this point Vice Mayor Palmer indicated that due to the
10 concerns brought to the Commission's attention about the After -
11 School Program, she has been in contact with staff from the
12 University of Miami and that they have informed her that we will
13 be getting volunteers from that institution very soon to help
14 with our program. Vice Mayor Palmer then referred to previous
15 discussions relating to public remarks. She said that she had
16 brought it up in order to do something about the length of the
17 meetings, but that she did not say whether the public remarks
18 should be at the beginning or the end of the meetings.
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20 At this point Commissioner Sherar pulled items 7 and 9 (now
21 19 & 20) from the Consent Agenda.
22
23 CONSENT
Wi
25 Resolution No. 161 -04 -11940
26 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
28 MANAGER TO FUND THE FIRST OF FIVE ANNUAL INSTALLMENT
29 PAYMENTS NOT TO EXCEED $35,521.77 FOR PURCHASE OF ONE
30 AUTOMATED SIDE LOADING GARBAGE TRUCK FROM GENERAL GMC
31 TRUCK SALES AND SERVICES, INC., FOR A TOTAL AMOUNT OF
32 $165,049, TO BE CHARGED TO PUBLIC WORKS DEPARTMENT
33 LEASE /PURCHASE- TRUCKS ACCOUNT, NUMBER 001 -1720- 534 -4455;
34 PROVIDING FOR AN EFFECTIVE DATE. 3/5
35 (City Manager)
36
37 Resolution No. 162 -04- 11941
38 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
39 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
40 MANAGER TO PURCHASE A 2005 26 -CUBIC YARD TRASH TRUCK,
41 FOR THE TOTAL AMOUNT OF $66,927.32, WITH THE FIRST
42 YEAR'S INSTALLMENT OF FIVE ANNUAL PAYMENTS OF
43 $14,403.41 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT
44 LEASE/ PURCHASE ACCOUNT NUMBER 001- 1720 - 534 -4455;
45 PROVIDING FOR AN EFFECTIVE DATE. 3/5
46 (City Manager)
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MINUTES - October 19, 2004
1 Resolution No. 163 -04 -11942
2 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
4 MANAGER TO PURCHASE A 2004 GO -4 INTERCEPTOR FROM FLORIDA
5 ELECTRIC & GAS VEHICLES, INC. FOR THE AMOUNT OF
6 $23,222.00 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT
7 EQUIPMENT MAINTENANCE ACCOUNT NUMBER 001- 1760 - 519 -6430;
8 PROVIDING FOR AN EFFECTIVE DATE. 3/5
9 (City Manager)
10
11 Resolution No. 164 -04 -11943
12 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
13 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
14 MANAGER TO EXECUTE GRANT AGREEMENT WITH U.S.
15 ENVIRONMENTAL PROTECTION AGENCY FOR WATER DISTRIBUTION
16 AND DRAINAGE IMPROVEMENTS PROJECTS IN AN AMOUNT OF
17 $130,100.00; PROVIDING FOR AN EFFECTIVE DATE. 3/5
18 (City Manager)
19
20 Resolution No. 165 -04 -11944
21 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
22 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
23 MANAGER TO EXECUTE A CHANGE ORDER AGREEMENT WITH T.J.
24 PAVEMENT CORP. FOR DOWNTOWN DRAINAGE IMPROVEMENTS -
25 PHASE III CONSTRUCTION IN AN AMOUNT OF $98,835 TO BE
26 CHARGED TO U.S. ENVIRONMENTAL PROTECTION AGENCY GRANT
27 ACCOUNT NUMBER 001- 0000 - 132 -2061; PROVIDING FOR AN
28 EFFECTIVE DATE. 3/5
29 (City Manager)
30
31 Resolution No. 166 -04 -11945
32 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
33 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
34 MANAGER TO ISSUE OPEN PURCHASE ORDERS TO VENDORS WITH
35 WHOM EXPENDITURES EXCEED THE $5,000 LIMIT FOR THE
36 CURRENT FISCAL YEAR AS OUTLINED IN THE CITY CHARTER;
37 CHARGING THE DISBURSEMENTS TO THE CORRESPONDING
38 DEPARTMENT EXPENSE ACCOUNTS AS APPROVED IN THE
39 2004/2005 ADOPTED BUDGET; AND PROVIDING FOR AN
40 EFFECTIVE DATE. 3/5
41 (City Manager)
42
43 Resolution No. 167 -04 -11946
44 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
45 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
46 COMMISSION MEETINGS; RESCHEDULING THE NOVEMBER 2, 2004
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CITY COMMISSION MEETING TO NOVEMBER 1, 2004; PROVIDING
AN EFFECTIVE DATE. 3/5
(Mayor Russell)
Resolution No. 168 -04 -11947
11. 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 $2,758.25;
CHARGING ACCOUNT NO. 1500- 514 - 3440, OTHER CONTRACTUAL
SERVICES- CONSULTING LABOR; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(City Attorney)
Resolution No. 169 -04 -11948
12.A RESOLUTION OF THE CITY, COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $6,400.00 TO HOMESTEAD MOWER CENTER FOR THE
PURCHASE OF A RIDING LAWN MOWER TO BE CHARGED TO THE
PARKS AND RECREATION DEPARTMENT OPERATING EQUIPMENT
ACCOUNT NUMBER 001.2000.572.6430; PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 170 -04 -11949
13. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $15,474.27 TO LANDIG TRACTOR COMPANY FOR THE
PURCHASE OF A TRACTOR TO BE CHARGED TO THE PARKS AND
RECREATION DEPARTMENT OPERATING EQUIPMENT ACCOUNT
NUMBER 001.2000.572.6430; PROVIDING AN EFFECTIVE DATE.
3/5
(City Manager)
Resolution No. 171 -04 -11950
14.A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $5,488.50 TO COVER SPORTS USA FOR THE PURCHASE
OF A GYMNASIUM FLOOR COVER AND STORAGE RACK TO BE
CHARGED TO THE MULTIPURPOSE CENTER DONATIONS ACCOUNT
NUMBER 001.0000.219.3800; PROVIDING AN EFFECTIVE DATE.
3/5
(City Manager)
Moved by Vice Mayor Palmer to approve the Consent Agenda.
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MINUTES - October 19, 2004
1 Vice Mayor Palmer withdrew her motion in order to allow
2 Commissioner Sherar to pull item 11 from the Consent Agenda.
3
4 Moved by Commissioner Sherar, seconded by Commissioner
5 Birts- Cooper, the motion to pull item 11 from the Consent Agenda
6 passed unanimously by acclamation.
7
8 Moved by Vice Mayor Palmer, seconded by Commissioners Sherar
9 and Birts- Cooper the motion to approve the Consent Agenda passed
10 unanimously by acclamation.
11
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13 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
14 (None)
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16 RESOLUTION (S) /PUBLIC HEARING (S)
17
18 15. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
19 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW
20 FOR THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY
21 PROVISIONS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH
22 MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE
23 MIAMI DADE COUNTY CODE PERTAINING TO A WAIVER OF PLAT
24 FOR PROPERTY LOCATED AT 5837 SW 82 STREET, SOUTH MIAMI,
25 FLORIDA WITHIN AN "RS -3" LOW DENSITY SINGLE- FAMILY
26 ZONING USE DISTRICT; PROVIDING FOR A LEGAL DESCRIPTION;
27 AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
28
29 (City Manager)
30
31 Moved by Commissioner Sherar, seconded by Vice Mayor
32 Palmer, the motion to defer this item to the meeting of 11 -16-
33 04 per the applicant's request passed by a 4 -0 vote:
34
35 Commissioner Wiscombe: Absent
36 Commissioner Sherar: Yea
37 Vice Mayor Palmer: Yea
38 Commissioner Birts- Cooper: Yea
39 Mayor Russell: Yea
40
41
42 16. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
43 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
44 VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
45 CODE TO ALLOW THE LOT FRONTAGE OF A BUILDING SITE TO BE
46 73.47 FEET, WHERE A MINIMUM OF 75 FEET IS REQUIRED ON
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PROPERTY LOCATED AT 5837 SW 82 STREET, SOUTH MIAMI,
FLORIDA WITHIN AN "RS -3" LOW DENSITY SINGLE- FAMILY
RESIDENTIAL ZONING USE DISTRICT; AND PROVIDING FOR AN
EFFECTIVE DATE. 4/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Birts- Cooper, the motion to defer this item to the meeting of
11 -16 -04 per the applicant's request passed by a 4 -0 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
RESOLUTION (S)
Resolution No. 172 -04 -11951
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A MERIT
INCREASE OF $15,000 IN THE CITY MANAGER'S SALARY;
PROVIDING FOR EFFECTIVE DATE. (Deferred 10105104) 3/5
(Mayor Russell)
Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
to approve this item.
Commissioner Sherar said that one of the reasons for which
the City Manager deserves the increase is because she will be
assuming the responsibility of Executive Director of the CRA.
He also said that he likes the Manager's style. He said that
she deserves it and it is also overdue.
Vice Mayor Palmer said that she is more concerned about the
`real deal' and how the Manager functions than she is about the
resume. She said that she stands by her original decision to
support the merit increase for the Manager.
With no further comments or discussion,
approve this item passed by a 4 -0 vote:
Commissioner Wiscombe:
Commissioner Sherar:
Vice Mayor Palmer
Commissioner Birts- Cooper:
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the motion to
Absent
Yea
Yea
Yea
1 Mayor Russell: Yea
2
3
4 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
6 REIMBURSEMENT FOR THE RESIDENTS' NEW GARBAGE
7 RECEPTACLES; PROVIDING AN EFFECTIVE DATE. 4/5
8 (Vice Mayor Palmer)
9
10 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
11 to approve this item.
12
13 Vice Mayor Palmer said that when she first brought this
14 resolution forward months ago it failed because we still were
15 not in a strong financial position. However, since the City is
16 now capable, she feels that the money should be refunded to the
17 residents, and she asked the support of the Commission.
18
19 Mayor Russell asked as to whether the residents have been
20 billed for this fee already. Mr. Oshikoya responded that the
21 City has billed approximately 300 residents. He also said that
22 approximately $150,000 will be taken out of the reserve account
23 for this refund, thereby reducing the balance. He further
24 explained that the money was not budgeted for this expenditure
25 because it was approved by resolution. Mayor Russell said that
26 it makes her uncomfortable to spend $150,000 from the reserve
27 on the first month of the budget year and for that reason she
28 is not comfortable supporting this resolution. On the other
29 hand, Mayor Russell told Vice Mayor Palmer that since this item
30 requires a 4/5 vote and one member is absent that she may want
31 to defer it so that she may present it when there is a full
32 Commission.
33
34 Mayor Russell then directed Mr. Oshikoya to prepare a
35 memorandum for the Commission showing in detail all of the cost
36 involved with this refund.
37
38 Vice Mayor Palmer said that it seems clear to her that the
39 only argument really is whether we are going to refund this
40 money or not, because she has the understanding that the City
41 is now in the position to do it.
42
43 Mayor Russell then said that considering the number of
44 hurricanes that the City had to face this year, we really need
45 to have a strong reserve; therefore, she would like to have the
46 information on the cost of the proposed refund so that they can
47 go over it with the Manager, and reiterated that she is not
48 prepared to vote yes on this item tonight.
49
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Commissioner Birts- Cooper said that she thought that this
issue was already settled.
Vice Mayor Palmer and Commissioner Sherar withdrew their
original motions to approve this item.
Moved by Vice Mayor Palmer, seconded by Commissioner Sherar,
the motion to defer this item to the next regular meeting
passed by a 4 -0 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts - Cooper: Yea
Mayor Russell: Yea
Resolution No. 173 -04 -11952
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE HOURLY RATES AND TO EXECUTE
PROFESSIONAL GENERAL ENGINEERING SERVICES AGREEMENTS
WITH MILIAN SWAIN & ASSOCIATES, INC., H.J. ROSS
ASSOCIATES AND CORZO CASTELLA CARBALLO THOMPSON SALMAN,
P.A.; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Birst- Cooper to approve this item.
Commissioner Sherar said that he pulled this item in order
to propose the following amendment:
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer,
on line 22 of the proposed resolution, to strike te exeeute and
insert: to bring back to the City Commission for approval three
separate professional service agreements.
With no further comments or discussion, the motion to
approve this item as amended passed by a 4 -0 vote:
REGULAR CITY COMMISSION
MINUTES - October 19, 2004
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
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Resolution No. 174 -04 -11953
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE STREET SWEEPING AGREEMENT WITH SOUTH
FLORIDA MAINTENANCE SERVICES, INC. IN AN AMOUNT OF
$27,000 TO BE CHARGED TO STORMWATER TRUST FUND ACCOUNT
NUMBER 111 - 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
Commissioner Sherar stated that he has two problems with
this matter for which he pulled the item from the Consent
Agenda. One is that most of the area where the street sweeping
is taking place is north of Sunset, south of SW 62nd Street,
east of Red Road, and west of SW 62nd Avenue, which is basically
the CRA area; therefore the City is paying twice for it and he
thinks that it should be prorated. Also, he asked as to why
Commerce and Progress Lane were not included.
Mr. O'Donniley said that the key question regarding the CRA
is whether this is an enhancement. If it is a continued level
of service we would not be eligible for CPA funding. If it is
an enhancement we would. Mr. Balogun said that this is an
ongoing function. In addition, this is storm water and not
general fund. This is something that it is paid by every
resident towards storm water fees. This is just regular
maintenance. He said that Public Works will be doing some of
this in- house, such as parking lots, but these are areas that
have been identified as areas of challenge. Mr. Balogun said
that Progress and Commerce Lane are within the Capital
Improvement Plan for future maintenance and improvement.
Commissioner Sherar then moved to defer this item until the
next regular meeting in order to find out why the drains are
backing up on Commerce and Progress Lane and whether they
should or should not be covered by this, and if it were to
pass, he said he would change the contract price.
Mayor Russell then said that this would hold the cleaning
for two more weeks. She then proposed to pass the resolution
tonight and then staff will come back in two weeks with the
additional scope of services to include the area of
Commissioner Sherar's concern, and to bring it back with any
amendments that may be required. Attorney Boutsis clarified
that it would come back in the form of a change order.
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1 With no further comments or discussion, the motion to
2 approve this item passed by a 4 -0 vote:
3
4 Commissioner Wiscombe: Absent
5 Commissioner Sherar: Yea
6 Vice Mayor Palmer: Yea
7 Commissioner Birts- Cooper: Yea
8 Mayor Russell: Yea
9
10 Vice Mayor Palmer at this point asked Mr. Balogun for an
11 explanation as to why there is standing water on SW 62nd Street
12 just east of SW 62nd Avenue. Mr. Balogun indicated that this
13 particular area is scheduled as the next drainage improvement
14 project.
15
16 Resolution No. 175 -04 -11954
17 21. A RESOLUTION OF THE MAYOR AND CLTY COMMISSION OF THE
18 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
19 MANAGER TO EXECUTE A SERVICE WORK ORDER TO CORZO
20 CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR
21 PROFESSIONAL ENGINEERING SERVICES FOR SUNSET DRIVE
22 MEDIAN IRRIGATION DESIGN IN AN AMOUNT OF $13,480 TO BE
23 CHARGED TO PUBLIC WORKS DEPARTMENT CONTRACTUAL SERVICES
24 & PROFESSIONAL SERVICES ACCOUNT NUMBERS 001- 1730 -541-
25 3450 & 001- 1790 - 519 -3100; PROVIDING FOR AN EFFECTIVE
26 DATE. 3/5
27 (City Manager)
28
29 Moved by Commissioner Sherar, seconded by Commissioner
30 Birst- Cooper to approve this item.
31
32 Commissioner Sherar pulled this item due to concern for the
3-3 expenditure and because he finds the proposed charge somewhat
34 excessive.
35
36 Mr. O'Donniley indicated that this proposal goes along with
37 the initiative which was voted by this Commission to improve
38 the streetscape on Sunset and he said to believe that it was
39 mentioned during the budget process that irrigation would be an
40 essential component in order to maintain streetscaping.
41
42 Mayor Russell said that she feels excited about the fact
43 that we are beautifying the streets of our City.
44
45 With no further comments or discussion, the motion to
46 approve this item passed by a 3 -1 vote:
47
48 Commissioner Wiscombe: Absent
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MINUTES - October 19, 2004
I Commissioner Sherar: Nay
2 Vice Mayor Palmer: Yea
3 Commissioner Birts- Cooper: Yea
4 Mayor Russell: Yea
5
6
7 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
8
9 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
10 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
11 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
12 MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE
13 DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED
14 DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED
15 UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT
16 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE
17 PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF
18 A MIXED USE PROJECT CONSISTING OF MULTI- FAMILY
19 RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING
20 GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO
21 THE DETERMINATION OF CONCURRENCY; PROVIDING FOR
22 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
23 PROVIDING AN EFFECTIVE DATE. 4/5
24 (City Manager)
25
26 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
27 to approve this item.
28
29' Attorney Boutsis swore in the speakers and briefly went over
30 the quasi - judicial procedures.
31
32 Mr. O'Donniley explained the purpose of the proposal for a
33 zone change to allow construction of a mixed use project on 7.0
34 acres of land, consisting of multi - family residential
35 buildings, retail uses and a parking garage. The PUD submission
36 is to be considered in two parts; the first is a zone map
37 change ordinance which creates the PUD -M on the City's official
38 map; the second part is the applicant's request for approval by
39 resolution of the specific PUD development plan. The proposed
40 project will consist of 409 dwelling units and 12,476 square
41 feet of commercial space, and the complex is to be called "Red
42 Road Commons." Mr. O'Donniley then went over the complete staff
43 report submitted with the proposed ordinance.
44
45 At the conclusion of presentation by staff, attorneys Dotson
46 and Proctor representing the applicant proceeded to conduct a
47 presentation of the proposed project to the Commission. Mr.
48 Dotson referred to an article published in the South Miami
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Times on page 6 of the October 2004 edition that inaccurate
described the project, and for which they requested a letter
from the managing editor of the magazine explaining that there
was an error in the article. He said that even though staff had
gone through a very detailed background of the project he would
go over certain areas which they need to emphasize. He said
that he would also go over the existing site conditions.
After a five - minute recess, the meeting reconvened.
Mr. Dotson conducted an extensive presentation of the
project. He referred to the residents concerns with the TODD
regulations which allows up to eight stories in height. He
indicated that the applicant is prepared to meet all the
requirements.
Mr. Proctor said that they were very excited about this
project which in his opinion will be of great public benefit to
the City. He addressed the community impact items, indicating
that they are prepared to meet them one by one. He said that
they are prepared to meet and to prepare a development
agreement that will ensure that they meet the recreation
requirements.
At this point the Mayor called for a three - minute recess. As
the meeting reconvened, Commissioner Sherar moved to extend the
meeting past 11:00 p.m., Commissioner Birts- Cooper seconded and
the motion passed unanimously by acclamation.
Mr. Proctor proceeded with the presentation. He said that
they have been in communication with DOT, going through some
future improvements in the signalization of Red Road. As it
relates to housing, he said that they are prepared to meet the
requirements of the Comp Plan. They are going to provide a
workforce type unit in terms of price and affordability. They
have also met with the School Board and said that they are
prepared to make monetary contribution beyond the projected
impact, in the range of about $1,200 per student. The number of
students increase over what could be built on this property
under the current zoning is about 47 students, and they are
prepared to make a contribution in the approximate amount of
$64,400; however, he said that they were surprised to learn
that the schools that would serve this project, which are about
five, none of them are located in the City of South Miami and
that they are at the elementary level. Therefore, he said that
they are then proposing to make a contribution to the City with
the cooperation of the School Board, with the money going into
the City earmarked for our schools.
REGULAR CITY COMMISSION
MINUTES - October 19, 2004
16
1 At this point Mayor Russell opened the floor for public
2 hearing.
3
4 Reverend Gay spoke in favor of the project.
5
6 David Tucker Sr. spoke with some concern with regard to the
7 increase in density and traffic as the result of the project.
8
9 Yvonne Beckman asked various questions: if the extra parking
10 spaces mentioned by the applicant may be used by any of the
11 residents; she said that at a meeting she attended recently,
12 Donna Shalala said that UM owns that property and that they had
13 hired a group of people who will be developing it for them, so
14 she inquired as to whether this is going to be a UM project
15 that will be tax exempt; if this will be considered student
16 housing or open market property where anybody will be able to
17 rent an apartment; she said that the PUD needs to be locked in
18 somehow so that no more can be built in the future within the
19 property, and referred to South Miami Hospital as an example of
20 a PUD where they have kept on building; with regard to the
21 development agreement mentioned by the applicant, she said she
22 would like to see included in that agreement that the residents
23 of the City get to work in the project; she wants to know if
24 the project will pay taxes or if is it going to be under non -
25 profit status; with regard to the open space requirement, she
26 urged the Commission to consider to pay into the Van Smith
27 property or the park in the Snapper Creek area since they have
28 been waiting in line to get their park; she also expressed
29 concern about people who might be displaced as the result of
30 this project.
31
32 Jay Beckman said that the number one of the Comp Plan is to
33 preserve and enhance single- family neighborhoods. He said that
34 according to the Comp Plan, when you are evaluating zone
35 changes, the most important thing to consider is how well the
36 development is comparable with existing developments. The third
37 important thing, he said, is concurrency. Not only required by
38 our Comp Plan and the LDC, but by State law as well. Mr.
39 Beckman then pointed to the surrounding neighborhoods to the
40 project on the map. He said that a transitional type of
41 development should be used between a large project and single -
42 family neighborhoods. With respect to concurrency he said that
43 green space is more important than any money that the developer
44 may pay instead. He urged the Commission to evaluate as to what
45 meets the comparability requirements and if they feel that the
46 project does not meet those requirements then maybe the
47 developer can make some adjustments.
48
49 Cathy McCann after commending the developer and the
50 applicants for the excellent presentation, she voiced her
REGULAR CITY COMMISSION 17
MINUTES - October 19, 2004
1 concern with the size of the development. She said to have an
2 interest in this project, both as a long -time member of the
3 Church across the street and as a resident of this community;
4 however, she said that she has to look for what is best for the
5 City of South Miami. She then urged the Commission to carefully
6 evaluate their decision since they will be setting a precedent.
7 She said that since they were not discussing the site plan at
8 this time that she would be sending the Commission an email
9 outlining some other concerns that she has.
10
11 Sharon McCain urged the Commission to make sure that the
12 $64,000 that the applicant said that would be contributing to the
13 City, that it is dedicated to education so that the City
14 administration will not spend it on something else.
15
16 With no more speakers the public hearing was closed.
17
18 Mr. Dotson clarified a number of issues that were raised:
19 with respect to the extra parking spaces he said that there are a
20 number of them that are open to the public and others that are
21 reserved for the residents, and it will be a mix between the
22 parking garage and the street parking; UM owns the property but
23 Codina Development and Fairfield Residential are organizations in
24 the business of developing residential projects and this is not
25 more than an investment at this point; he said this is an open
26 market residential facility; about the park payments, he said
27 that this is for the Commission to decide; about the comments
28 regarding the Comp Plan and the various codes and which codes are
29 first and foremost, he indicated that the City's Comp Plan sets
30 forth a number of competing goals and it is up to the Commission
31 to take the Comp Plan as a whole and make the final decision;
32 about the development agreement he said that this is not more
33 than the first step, and realizes that between now and the time
34 they come back before the Commission, there are certain terms and
35 conditions that need to be worked out. What they would agree on
36 the record at this particular hearing is with the conditions that
37 are set out in staff's recommendations; as for the terms and
38 conditions of the development agreement, that is something that
39 they are prepared to negotiate and discuss. He then referred to a
40 comment that was made about the "single- family town" that South
41 Miami is, he referred to the Comp Plan of the City; the Comp Plan
42 recognizes that while there is a need to maintain and preserve
43 certain single- family residences, the Comp Plan also suggests
44 that in order to meet the housing needs, there needs to be
45 consideration of mixed use and multi - family development;
46 therefore, those competing interest are to be weighed by this
47 Commission. He then urged the Commission to approve this item
48 tonight so that they can move forward.
49
REGULAR CITY COMMISSION 18
MINUTES - October 19, 2004
1 Mr. O'Donniley pointed out to Mr. Dotson two more comments
2 that were not addressed: if the property will be subject to
3 taxation; and, workforce participation.
4
5 Mr. Dotson with regard to taxation said that the property
6 will be taxable.
7
8 Mr. Proctor about the $64,000 contribution said that this
9 will be up to the City and that their intention is to have it
10 earmarked for the schools. About the workforce issue he said that
11 they have been approached by some members of the community on
12 this, Reverend Gay being one of them, to discuss employment
13 opportunities and indicated that these are items that they are
14 prepared to discuss with the residents of the City. About the PUD
15 concerns, Mr. Proctor indicated that this is a one -phase project;
16 therefore, in the event that this or any successor owner wants to
17 change the plan in any way, such as to increase the unit count,
18 increase the height, or move the buildings around substantially,
19 they will have to come back to this Board.
20
21 Attorney Boutsis asked the Commission to disclose any
22 communications they might have had prior to this meeting which
23 might influence their determination tonight. Mayor Russell said
24 that the only thing that she can recall is that she had a brief
25 discussion with Mr. Proctor even before the filing of this
26 project and there is nothing that might prevent her from making
27 an independent decision on this issue.
28
29 Commissioner Sherar said that he had a problem with the
30 parking because he thinks that this project appears to be
31 designed for a dormitory and that is because of the four
32 bedroom /four bath units. This means that there will be four
33 people in the units and each one of them will have their own car.
34 Therefore, instead of one car per unit, it will be four cars per
35 unit. He said that he has made a point before that he will not
36 grant parking variances; moreover, he is not inclined to approve
37 a project which he believes is starting out on a false premise of
38 one car per unit with a maximum of two cars per units, when the
39 design shows four bedroom /four bath which has really been
40 designed to be inhabited by individuals, not families, and which
41 in his estimation the project will be short on parking
42 availability. He also expressed concern for the future overflow
43 parking which will be impacting the City streets. He said that he
44 also has a problem with the way the parking has been designed for
45 the retail area because he believes that people visiting the
46 retail stores will be looking for parking in the residential
47 areas instead. He also said to have a problem with the
48 transitional development. When it is finished, this place will
49 contain ten percent of the City's entire population, based on
50 one - inhabitant per unit. On the positive side, Commissioner
REGULAR CITY COMMISSION 19
MINUTES - October 19, 2004
1 Sherar indicated that he likes the design, the architecture and
2 the style of the project; however, he said that when the project
3 is completed it will look somewhat similar to what the Valencia
4 looks now as it relates to what there is across the street. He
5 said that transitional zoning in the City is RO, such as what we
6 see with the Key West style houses on Sunset. He said that one of
7 the problems that the applicant has with him is that he is a
8 proponent of the 100 -foot strip and that this project does not
9 meet that criteria. One of the things that we need to take into
10 consideration, he continued, is Progress and Commerce Lane in
11 terms of traffic flow. He also said that another thing that they
12 need to decide with this project is what this is really going to
13 be. They need to evaluate it as either being a dorm or something
14 else. He then said that if this would be turned into a high rise
15 condominium down the line, the impact on our traffic pattern will
16 be enormous. With regard to the affordability issue, he said that
17 they need to consider the single people who provide important
18 service to the City such as cops and teachers, who should get
19 some type of a break. With regard to the mixed -use component he
20 said that he would not like to see vacant storefront offices.
21
22 Mr. O'Donniley referred to a required parking table on page
23 1.00 in the site plan, explaining that residential was calculated
24 at two per unit. There was no discount taken for the one - bedroom
25 which is 120 plus units of the total proposed. Visitor was ten
26 percent of the total added to that, therefore accounting for
27 visitors according to code, and they used two per unit. As far as
28 the four bedrooms, it comprises 36 units. Mr. O'Donniley said
29 that they are in compliance well and above. They are not taking
30 any discount such as Valencia. He also said that this project
31 would qualify as a residential R -PUD without the mixed uses. He
32 said that staff did look at the rental spaces and they are
33 considerably larger than those at Valencia, with a total square
34 footage of 12,000 (Valencia's are 9,000 sq. ft.) . The density is
35 a little over 100 -units per acre which is about 55 percent of the
36 level of Valencia. About the office space, Mr. O'Donniley
37 indicated that they are required to include it because it is not
38 a permitted use if they do not.
39
40 Mr. Proctor said that a significant number of Commissioner
41 Sherar's items of concern were already addressed by staff in the
42 site plan analysis. He then said that they would like to have a
43 favorable vote from the Commission so that they may continue to
44 explore these issues with them.
45
46 Vice Mayor Palmer asked the applicant as to whether they
47 would be considering to submit a request to the County in order
48 to allow for motorists to make a left turn (north) on US1 from
49 Red Road. Mr. Proctor said that they will be happy to raise that
50 item with the County.
REGULAR CITY COMMISSION 20
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Commissioner Sherar suggested that rather than having this
item deferred, he will vote in favor; however, he warned not to
take that for granted in terms of what is going to happen next
time.
With no further comments or discussion, the motion to
approve this item passed by a 4 -0 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
ORDINANCE (S) FIRST READING
(None)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(None)
ORDINANCE (S) FIRST READING
(None)
COMMISSION REMARKS
Attorney Boutsis confirmed the next attorney- client session
for Wednesday, October 27, 2004 at 7:00 p.m.
There being no further business to come before this Body,
the meeting adjourned at 11:50 P.M.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - October 19, 2004
21
Approved
Mary Scott Russell
Mayor