12-07-04 Item 1DRAFT
1 City of South Miami
2 Regular City Commission Minutes
3 November 16, 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, November 16, 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, Randy G. Wiscombe and Craig Z.
15 Sherar.
16
17 Also in attendance were: City Attorney Eve Boutsis, City
18 Manager Maria V. Davis and City Clerk Maria M. Menendez.
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20 B. Invocation: The invocation was delivered in silence.
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22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was led by County Commissioner
24 Elect Carlos Gimenez.
25
26 D. Presentation(s) 7:00 p.m.
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28 1. Mayor Russell introduced the newly elected County
29 Commissioner, Carlos Gimenez. Commissioner Gimenez then
30 addressed the Commission.
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32 2. The Police Department to present awards to the following
33 Officers:
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35 October Officers of the Month: Officers Carlos Alvarez and
36 Eric Pulido.
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38 Major Mike Mills presented the awards.
39
40 3. Presentation of the `Upcoming Trolley Route.'
41
42 Ms. Davis and Mr. Balogun conducted this presentation. Ms.
43 Davis explained that this project is in an effort to comply with
44 our requirements to provide mass transit with the half -cent
45 transportation tax, and to provide transportation for our
46 downtown promotion endeavors. It will be starting on January 2na,
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I and she indicated that the City will be heavily promoting it in
2 the month of December.
3
4 Mr. Balogun then went over the route and schedule of the
5 trolley. He indicated that staff has worked very happy to make
6 this happen and is very excited to see it become a reality as Ms.
7 Davis mentioned. He said that the rides will be provided free of
8 charge. A tentative route has been scheduled which is open for
9 adjustment is according to the needs of the residents, as staff
10 will be monitoring it to make it work. The route will cover the
11 downtown area, with stops at the Metrorail to facilitate shoppers
12 to park in those facilities. There will be two trolleys operating
13 Fridays and Saturdays, with a third trolley that will be
14 operating one Sunday per month; that will be the express trolley
15 that will go from the Metrorail Station right into downtown. This
16 is in an effort to encourage people to park at the Metrorail
17 since we are promoting Sundays on Sunset and therefore we are
18 anticipating the need for a lot of parking.
19
20 Commissioner Birts- Cooper suggested that it will be good if
21 the trolley would also stop at the Community Center. Ms. Davis
22 reiterated that the schedule is flexible and that they are open
23 for suggestions.
24
25 Commissioner Wiscombe said that the seniors usually go
26 shopping early on Fridays and that starting at 4:00 p.m. is not
27 going to help them.
28
29 Vice Mayor Palmer concurred with Commissioner Wiscombe's
30 idea.
31
32 At the conclusion of the presentations Mayor Russell
33 announced a 2- minute recess.
34
35 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
36
37 1. a) Minutes of September 14, 2004
38
39 Moved by Commissioner Wiscombe, Vice Mayor Palmer, the
40 motion to approve the Minutes of September 14, 2004 passed by a
41 5 -0 vote:
42
43 Commissioner Wiscombe: Yea
44 Commissioner Sherar: Yea
45 Vice Mayor Palmer: Yea
46 Commissioner Birts- Cooper: Yea
47 Mayor Russell: Yea
48
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MINUTES - November 16, 2004
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b) Minutes of November 1, 2004
2
3
Moved by Vice
Mayor Palmer, seconded by Commissioner Birts-
4
Cooper, the motion
to approve the Minutes of
November 1, 2004
5
passed by a 5 -0 vote:
6
7
Commissioner Wiscombe:
Yea
8
Commissioner Sherar:
Yea
9
Vice Mayor Palmer:
Yea
10
Commissioner Birts- Cooper:
Yea
11
Mayor Russell:
Yea
12
13
2. City Manager's
Report:
14
(None)
15
16
3. City Attorney's
Report:
17
(None)
18
19
20 PUBLIC REMARKS
21 (5- minute limit)
22
23 David Tucker Sr. addressed the Commission with his words of
24 wisdom. He referred to the new statement at the end of agenda to
25 which certain people have expressed discontent. Mr. Tucker
26 indicated that this new statement has probably been put in place
27 due to the disruptive behavior that has been exhibited by certain
28 people in the audience during the meetings. He urged everyone to
29 behave with respect and civility.
30
31 Jay Beckman concurred with Mr. Tucker, saying that people
32 should show respect towards the City Commission and vice versa.
33 He also said that it does not seem -fair the fact that attorneys
34 for an applicant are allowed plenty of time to present their
35 case, while the residents are allowed only five minutes.
36
37 Rick Herron referred to the necessity for stop signs near
38 his home around SW 58 Street and SW 63 Avenue. He then referred
39 to Brewer Park which he said is becoming an eyesore and wanted to
40 know whether there is a grant in place to improve this park.
41
42 Parks and Recreation Director, Alan Ricke, indicated that
43 the grant funding for the improvements at Brewer Park is still in
44 place. He said that we are in the process right now of having the
45 Park surveyed in order to have an architect draw a site plan for
46 us.
47
48 Sharon McCain thanked Vice Mayor Palmer for bringing back
49 the garbage can fees reimbursement last week for the Commission's
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1
consideration. She then referred to the 871 FS statement on the
2
agenda. She
also referred to the results of some court cases
3
relating to
the 871 FS that she had gathered on this issue, where
4
the Statute
in reference has not been able to enforce.
5
6
Yvonne
Beckman said that she would like to echo what Ms.
7
McCain had
just stated. She then said that Maria Davis was
8
sneakering,
looking at Mary Scott Russell, body language is
9
included on
that, and that she would like for that to be on the
10
record.
11
12
Thomas
Meyer referred to items #10 and #11 on the Agenda
13
relating to
the waiver of plat and variance. Attorney Boutsis
14
recommended
that he waited for the items to come up later since
15
there would
a public hearing on them.
16
17
After
there were no more speakers, the Public Remarks
18
section was
closed.
19
20
At this
point Vice Mayor Palmer and Commissioner Sherar both
21
pulled item
no. 5 from the Consent Agenda (now no. 13).
22
23
At this time, Commissioner Birts- Cooper moved to reconsider
24
the vote of the parking variance resolution for the property
25
located at 6230 SW 70th Street and to place back on the agenda at
26
the next meeting.
Commissioner Sherar seconded the motion. The
27
motion to reconsider passed by a 4 -1 vote:
28
29
Commissioner Wiscombe: Yea
30
Commissioner Sherar: Yea
31
Vice Mayor Palmer: Nay
32
Commissioner Birts- Cooper: Yea
33
Mayor Russell: Yea
34
35
36
37 CONSENT
rr =.
39 Resolution No. 182 -04 -11961
40 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
42 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
43 FIGUEREDO, P.A. IN THE AMOUNT OF $13,767.83; CHARGING
44 $13,767.83 TO ACCOUNT NO. 001- 1500 - 514 -3410, LEGAL
45 SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5
46 (City Attorney)
47
48
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MINUTES November 16, 2004
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Resolution No. 183 -04 -11962
S. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER 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)
Resolution No. 184 -04 -11963
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE
(LOBBYING) SERVICES; APPROVING FUNDING NOT TO EXCEED
$42,000.00 FOR THE FIRM OF GOMEZ BARKER ASSOCIATES,
INC. FROM ACCOUNT NUMBER 001- 1315 - 513 -3450; PROVIDING
AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe, 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
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
7. 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 CHANGING THE ZONING USE
DISTRICT FROM "TODD(MU -4) ", TRANSIT ORIENTED
DEVELOPMENT DISTRICT (MIXED USE -4) TO `°PUD -M" PLANNED
UNIT DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT
6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET THE
PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF
A MIXED USE PROJECT CONSISTING OF MULTI- FAMILY
RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING
GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO
THE DETERMINATION OF CONCURRENCY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 4/5
(City Manager)
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5
Moved by Vice Mayor Palmer, seconded by Commissioner
Wiscombe to approve this item.
Attorney Boutsis at this time explained the procedures for a
quasi - judicial hearing.
Commissioner Wiscombe said that the contact he had with the
main project was before it was even filed and that he has no
problem with having an independent opinion on it.
Commissioner Sherar said that he had no contact on this with
anyone.
Mayor Russell said that there was nothing that would have an
effect on her decision tonight.
Vice Mayor Palmer said that two residents had emailed her
telling her that this was coming up. One was Ms. Beckman and
the other one was Lori, and did not remember the last name.
They both were urging her to examine everything carefully
before making a decision. She said she still will be able to
make an independent decision tonight.
Commissioner Birts- Cooper said that she had been approached
by a Mrs. Hall who had urged her to review the application very
carefully.
Attorney Boutsis then asked any Commissioner that may have a
written communication on this matter to turn it over to the
Clerk so that it would be on the records.
At this time Commissioner Sherar moved to defer item 8 on
the Agenda and place it after item 13. The motion died for lack
of a second.
Vice Mayor Palmer said that she needed a clarification as to
whether Commissioner Sherar was making a motion or whether it
was just a suggestion. Since he was making a motion, Mayor
Russell asked Commissioner Sherar to start his motion again.
Moved by Commission Sherar,
the motion to defer item 8 on
item 13 failed by a 2 -3 vote:
seconded by Vice Mayor Palmer,
the Agenda and place it after
Commissioner Wiscombe: Nay
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Nay
Mayor Russell: Nay
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MINUTES - November 16, 2004
I At this time Attorney Boutsis sworn in the speakers.
2
3 Mr. O'Donniley explained that this is a request for rezoning
4 a seven acre property in order to construct a mixed use project
5 including residential buildings, parking and retail uses with
6 409 dwelling units and 12,476 sq ft of commercial space.
7 According to the information submitted with the application, the
8 dwelling unit density will be 58.4 units per acre. The complex
9 is to be called "Red Road Commons." Mr. O'Donniley went over the
10 staff's report explaining the proposal in detail.
11
12 Commissioner Sherar expressed concern as to how the City
13 would be enforcing the park requirement down the line. Mr.
14 O'Odonniley indicated that this would be stipulated in the
15 development agreement, making it an enforceable contractual
16 arrangement. He added that State Statute permits up to 5 years -
17 that is starting one year after construction —to provide
18 concurrency.
19
20 Commissioner Sherar said that on a judicial proceeding
21 someone has the burden of proof Attorney Boutsis said that here
22 the applicant does. Since the applicant has the burden of proof,
23 they will have to proof that they are going to meet the criteria
24 set forth in the Comprehensive Plan. He then expressed concern
25 as to how this project will be impacting our sewer capacity.
26
27 Ms. Davis said that all of this is subject to a study on the
28 existing system and what the capacity of their usage is going to
29 be, they submit it to WASA and WASA will determine whether the
30 capacity is there or not.
31
32 He then referred to the case of a restaurant on 73rd Street
33 wanting to open sometime in the past; they opened under some
34 cloud because there was not sufficient capacity.
35
36 Mayor Russell explained that the reason the capacity was
37 increased on 73rd Street was due to a safety issue relating to
38 the Fire Department since there was no infrastructure in place
39 in case of a fire. We went to Tallahassee, got some money and
40 addressed that specific issue. It was not specifically done for
41 the benefit of a restaurant or for development; it was a safety
42 issue for the existing merchants.
43
44 Attorney Boutsis recommended that a provision be included
45 within the development agreement that would cover any potential
46 scenario if the property becomes tax exempt.
47
48 Mr. Proctor, attorney representing the applicant, addressed
49 the Commission. He said that they are in full agreement with
50 staff's conditions and requirements, such as concurrency, unity
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of title, and submitting a development agreement. He said that
as part of their rezoning application, they have issues
relating to housing, traffic, recreation, and schools. He
indicated that they do comply with the City's requirements for
parking, which is two spaces per unit, with ten percent
visitors' spaces. They have onsite 1,002 parking places; 923 in
the garage, 79 on surface parking, either in the middle of the
project or along the boundary along the SW 66 Street side. He
said that they have many more parking spaces than they have
bedrooms. At this time Mr. Proctor introduced Traffic Engineer,
Tim Plummer.
Mr. Plummer said he is a registered professional engineer
with the State of Florida and has been practicing
transportation planning and traffic engineering for fifteen
years. He then explained the findings of his traffic study,
copy of which was submitted to the Commission.
The main concern expressed by the Commission had to do with
the traffic impact of the project in the area and specifically
on the flow of Red Road and Ponce.
Mr. Proctor then continued to speak about the proposed
improvements for the median on Red Road. He also indicated that
they have been working with the First United Methodist Church
on some issues. Mr. Proctor then introduced Rev. Gay of St.
John's Church, who spoke in favor of the project.
Mr. Proctor continued, speaking about affordable housing
indicating that they will comply with those requirements as set
forth in the Comp Plan, which provides that at least five
percent of the units will be rented to individuals or family in
the moderate income segment of the affordable housing group. He
then said that this development has proposed to generate to the
School Board approximately $500,000 in impact fees; if the
project is approved and built, that payment will be required
before occupancy of the first residential unit. In addition,
the applicant will donate $1,200 per additional student
generated over and beyond the existing zoning.
Mercy del Rey, South Miami Hospital Human Resource Site
Director, spoke in favor of the project. She said that this
will be beneficial for hospital employees who are forced to
commute from far away due to lack of affordable housing in the
area. She said that one of the challenges that the Hospital
faces is that less than ten percent of their employees live
within the five zip codes surrounding the Hospital.
Mayor Russell opened the floor for public hearing.
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Yvonne Beckman requested that this item be tabled because in
her opinion there is not enough time to discuss it.
David Tucker Sr. said that he would like to see the process
moving forward.
Tim Merker asked if there is a Publix Supermarket coming in
this project.
Cathy McCann said that she felt very disappointed that the
Commission did not hold a public workshop. She said that the
way this item has been presented gives the appearance that
something is being hidden and that they have already made up
their mind. She then asked as to whether this application is
for PUD rezoning. She said that if that is the case, then the
discussion should be about the reasons for requesting the
change. She said that according to what she has heard tonight
this request to increase the density four times over. She then
said that before the Commission votes she wants to know why
they think that this change should be made.
Mr. O'Donniley clarified that the proposal is not for four
times the existing density. The proposal is for 407 units
versus 260. Ms. McCann thanked Mr. O'Donniley for the
clarification. However, she said that her question stands.
Mr. O'Donniley then went over again to-the portion of his
presentation to answer Ms. McCann's question, and that is
Policy 1.3.6 under Affordable Housing: The City and the County
will jointly support development to the Rapid Transit Zone in
order to encourage mixed - use /residential multi - family projects
containing affordable housing units. Then, going to the larger
reasonable consideration, he referred to the Land Use Policy
2.1.4: To discourage urban commercial sprawl by promoting
growth in the core area surrounding the Metrorail transit
station by creating a district for the new growth which is
contained and transit- oriented, thereby relieving the pressure
for commercial re- zonings outside of this core area.
Attorney Boutsis said that, in short, this means that for
any land designation change you need to comply with the LDC and
be consistent with the Comp Plan. She said that even though
that is not the specific answer to the question, it is the
answer under the Code.
Sharon McCain asked if Commissioner Birts- Cooper had any
contact with the Codina Group. The answer was no, she did not
have any such contact. Ms. McCain said that the reason that she
asked is because at the time this item came for first reading,
she spoke to Commissioner Birts- Cooper after the meeting was
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adjourned and they were cut short because somebody said that
Mr. Dodson wished to speak to Commissioner Birts- Cooper. She
then said that this evening Commissioner Birts- Cooper made a
motion to bring the request from Dr. Colsky whose attorney is
Mr. Dodson. (She said that she wanted this on the record)
Commissioner Birts- Cooper asked Commissioner Sherar to say
that he had the idea of bringing back Dr. Colsky's request
before she did. Commissioner Sherar said that she was correct.
Ms. McCain said that she just wanted to have on record that
Commissioner Birts- Cooper had voted to bring the item back and
that she had voted no when the item was first presented. In
reference to the item being discussed, she said that according
to the information given relating to parking, there will be 21
spaces left over; not counting retail, employees, etc. She said
that she was in favor of this project in the beginning but not
anymore because she feels that it is being rushed through. She
also said that we need a workshop. She said that she would have
liked to attend the October 12th meeting that Rev. Gay had. She
said that Rev. Gay's only concern is about jobs, but that there
is more to it than that. This is a major project and she wants
to have a workshop where everybody will have the opportunity to
ask questions, get answers, and then come back to the
Commission. She then thanked Commissioner Sherar for asking
questions because, she said, nobody, else had. With regard to
Rev. Gay's comments about the children being around the bar in
that area, she said that children should not be there at that
time of night. She said that how do we know if what Codina
wants is good for South Miami. Do we need more apartment
buildings? Maybe we need something else. She said that she has
a problem with certain individuals who live in that area that
are being called out, such as Rev. Gay and Levy Kelly. She said
that she resents it and that the `way she sees it, they are
lobbyist and are not paying the $125 fee.
Levy Kelly said that he had planned to be an observant of
this process but since he has been accused and attacked falsely
that he is a lobbyist. He said that they slam to him like that —
we'll see what happens. (He said that he wanted to go on record
saying that and that he is through with it and has nothing else
to say)
William Hornett, a resident of Coral Gables, said that
although he is not a resident of South Miami, he is concerned
about this particular project. He said that they had just gone
through a similar process. He said that Red Road is a historic
road and its expansion, even by left turn signals or left turn
lanes might be prohibited under the historic roads concept. He
said that he has a traffic survey that was produced by the
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University of Miami for the University Village project across
the street from the University, and will make it available to
the Commission if they wish, since the study covers the
surrounding area of this project being discussed tonight. He
said that Red Road is a very dangerous road, particularly for
the students that will be occupying those apartments and who
will be crossing Red Road where approximately 17,000 cars move
through that road every 24 hours, and that the safety of those
students should be a concern. He then said that they should
consider that changing zoning and expanding sizes for this area
will be detrimental to the health and safety to the citizens of
South Miami and its neighbors.
Jay Beckman said that since this is such a big project,
there are a lot of details and a lot of questions that need
answers. He also said that he has a little bit of trouble
having the zoning change separated from the site plan, since he
does not know how anyone can make a decision on the zoning
change without going through the site plan first. He said that
we need to revisit what TODD really means. You might get ten
percent reduction in traffic from a TODD; yet we allow four
times intense development anywhere else in the City which it
does not make any sense. With regard to the recreation
requirement he said that according to the LDC, no development
permit will be given until the recreation requirement is
satisfied. He said that paying money is not enough; there must
be land to buy. Concurrency means that you will produce park
land. With regard to compatibility he said that the number one
requirement for evaluating a zoning change in the City is
compatibility. The new zoning must be comparable with what is
surrounding it. This is the only TODD zoned site in the City
that is adjacent to single- family housing. Everywhere else
where we have TODD zoning, we have other transition zoning
before we get to the single - family neighborhood, which is less
intense than TODD. He said that he does not think that the
requirements of PUD -R apply, as far as compatibility with the
single - family district. Because we are doing a PUD -M, not a
PUD -R. A PUD -M is an intense development related to Metrorail
and it was never intended to be adjacent to single - family
housing. Mr. Beckman then went over some questions that he has
as outlined in a report that he submitted to the Commission. He
then urged the Commission to defer this item until they have a
chance to go over the site plan hearing and to continue working
on these details.
Charlotte Tyson said that she has considerable background in
healthcare, and asked how many units will be devoted to
moderate income; the answer was five percent. She said that
moderate income workers could be somewhere in the range of
$30,000 - $33,000. In conclusion, she said that this project may
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provide jobs, and that is a good thing, but it may not provide
them with a good place to live.
Mr. Proctor, in his rebuttal, referred first to concurrency.
This is a concurrency exempt area; this is something that has
been created and encouraged by the State in order to have
development in infill areas to prevent westward growth; to
prevent the expansion of the urban boundary westward to Krome
Avenue, southward to Florida City and so on. This is a tool
that the State has used, but the problem of lack of infill and
the problem that this creates has resulted in revision in the
Statutes to deal with that and that is the reason for the
exemptions, and that is the reason for which this area is an
exempt area, Red Road in particular. With regard to other
issues such as design, traffic control, parking, they have been
given careful consideration to comply with the spirit of those
rules from the State and the rules in the City's Comp Plan that
really encourage good development in these exempt areas. This
property in this area is designated for TODD in both, the
zoning category and the master plan. The master plan permits
what they call, the 4 +4: four stories of basic height at a
minimum, and four stories of additional height if you comply
with certain bonuses; if you have mixed uses, certain CRA
infrastructure, and a number of other things. That Comp Plan
designation exists on this property today and would allow us up
to eight stories of development. He said that the thing they
heard most, time and time again from residents during meetings,
was `please do not do TODD 4 +4.' He said that first of all they
do not have an 8 -story project. In addition, they are rezoning
the property out of TODD. We are taking this property, Mr.
Proctor continued, and we are putting a zoning designation on
it that is not TODD, rather, it is site specific, it is design
controlled, and it is compatibility controlled. He said that
they are proposing residential. He said that they will be the
transition between the FP &L facility, the industrial area, and
the residential area to the north. He then referred to Mr.
Hornett's comments saying that he has a copy of the traffic
improvements for the University Village project, indicating
that the only proposed improvement on Red Road that they see as
a result of University Village is a southbound left -turn lane
four blocks north of the northerly boundary for their project.
And he concluded his rebuttal.
Vice Mayor Palmer said that this is a real major project and
that she thought that they should not rush it to get all the
changes done. She said that in addition to this, they have
about three other projects going: the Valencia, the Miami
Gardens and the Metrorail. She said that a more comprehensive
traffic study is needed, and that an independent consultant
should be sought and selected by the City to conduct this
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study, and to please not to select Kimley Horn. When they get
that study, along with other information that is needed, then
they can have a workshop to discuss all the issues and concerns
of the Commission and the residents. She then said that she is
not sure about what is the definition of "affordable." Mr.
O'Donniley explained that it is a specific federal regulation,
and it is a percentage of the average income in the area. Mr.
Proctor indicated that the medium income as compiled and
computed by the federal government is $45,400; that is the
medium amount of income per family in Dade County; half the
families in Dade County make more than that, and half the
families make less than that. Affordable housing then is based
on about thirty percent of that medium income which is what
those families will be able to afford.
Vice Mayor Palmer said that since this project will be
within the boundaries of the CRA, she still does not know how
it is going to benefit the CRA. She said that a teacher, a
nurse, or any other beginning professional do not start out at
$45,400. She then said that a workshop to discuss this project
is definitely needed. She said that she does not see all the
benefits from this project the way Rev. Gay sees it.
Commissioner Birts- Cooper said that they should not be
rushed in making this decision. She said that the City had an
extensive amount of public input to the Hometown Charette II;
this input gave us the present zoning map which includes the
TODD. Why should we be so quick to change the zoning now? She
asked. She then asked Mr. O'Donniley as to whether this project
is consistent with the Charrette II.
At this time the Mayor called for a five - minute recess. At
the end of the recess the meeting reconvened.
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper, the motion to extend the meeting beyond 11:00
p.m. passed by unanimous acclamation.
As she continued, Commissioner Birts- Cooper said that since
this project is located within the CRA boundaries, and as per
our Interlocal Agreement with Dade County, it stipulates that
we must maintain and construct a certain amount of affordable
housing in this district. How are we going to comply with this
if we make these changes? She also asked as to what kind of
mitigation measures are being provided to offset the impact on
our neighborhood. She said that she has not attended any
meetings related to this project; nobody has asked her what she
wants, or what this community needs or anything of the source.
She said that she would like to defer this item until they have
a public workshop to discuss it.
REGULAR CITY COMMISSION 13
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Commissioner Wiscombe said that the validity of this project
is very important and said to concur with Commissioner Birts-
Cooper with the need to do something that will benefit the
community. This is a good project and we have an opportunity to
make it better; he also said that they have a lot of
information to digest and come together and discuss it since
they really have not had the opportunity to do that. He said
that it is a good idea to defer it, as Commissioner Birts-
Cooper recommended.
Mr. Dobson indicated that the
workshops with the community. He
this project is going to provide
community and also wanted to ma
has not been rushed through,
process without public input,
meetings that anyone could h
Commission Chambers and outside t
applicant has held a number of
said that for clarification,
less than an impact in this
ke it clear that this project
it is not going through its
and there have been noticed
ave attended both in this
his Commission Chambers.
Commissioner Wiscombe said that he does not think that it
has been rushed through. However, on its first reading we did
not allow public hearing; and foremost, he added, we have the
right to protect the citizens of this community, and if we feel
that we need more time to make the right decision then so be
it. So please don't stand up here and tell us that we are not
giving you ample due process, because we are. We are asking you
to be even a better neighbor by giving the citizens of this
community an opportunity, along with this Board, to digest the
information that we have received tonight because this is the
first night that we have been able to discuss and listen to
what everybody thinks.
Vice Mayor Palmer then referred to the need for a traffic
study. Commissioner Wiscombe suggested that this be discussed
during the workshop. Mr. O'Donniley indicated that the
development agreement will be brought before the Planning Board
at the next scheduled meeting of that Board.
Moved by Commissioner
Commissioner Wiscombe, the
meeting of 1/04/05 passed by
Birts- Cooper, seconded by
motion to defer this item to the
unanimous acclamation.
At this time Attorney Boutsis reminded the Commission not to
have any contact with anyone regarding this item.
A workshop to discuss this item was then scheduled for
Wednesday, December 29, 2004 at 6:00 p.m.
REGULAR CITY COMMISSION
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Ordinance No. 11 -04 -1818
8. 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 UPDATE THE LIST AND
PURPOSE STATEMENTS FOR EXISTING ZONING DISTRICTS;
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
Mr. O °Donniley explained that this is the second reading of
this ordinance which is intended to be a technical amendment
since it was found that we had certain districts that did not
have a definition.
At this time the Mayor opened and closed the floor for
public hearing with no speakers.
With the 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)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A MASTER SITE
PLAN AND DEVELOPMENT PROGRAM FOR CERTAIN PROPERTY IN A
"PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING
DISTRICT MORE SPECIFICALLY LOCATED AT 6600 -6640 SW 57
AVENUE AND 5757 SW 68 STREET; SETTING FORTH CONDITIONS
OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE, AND
URBAN DESIGN ISSUES, AND CONSTRUCTION OF APPROPRIATE
PUBLIC INFRASTRUCTURE AND LANDSCAPING; AND PROVIDING AN
EFFECTIVE DATE. 4/5
(City Manager)
Moved by Vice Mayor Palmer, seconded by Commissioners Birts-
Cooper and Wiscombe to approve this item.
REGULAR CITY COMMISSION 15
MINUTES - November 16, 2004
Mr. O'Donniley went over staff's recommendation, consisting
of fifteen conditions, in adopting the site plan of this
development. Said conditions are incorporated in the proposed
resolution as well.
Mr. Dobson then introduced Architect /Engineer for the
project, Aris Garcia who conducted a graphic presentation of
the design.
Mr. Proctor then referred to condition no. 3 under staff's
recommendation relating to signalization of entrance at Levante
Avenue. He indicated that it not only requires approval by
Miami -Dade County, but also by the DOT. He said that they are
committed to that improvement; without it we do not have a
project, Mr. Proctor added. With regard to condition no. 10
relating to the over spilling of light, he said that they agree
that they should not over spill lighting onto the residential
areas; they will though possibly spill some lighting onto the
right -of -way of Red Road since they have their retail on that
area with awnings and sidewalks. He then referred to comments
regarding the Valencia project indicating that they have looked
long and hard at that project and have done the same with this
project, and that it is important to note some statistics they
have been able to compile: Valencia is about 62' high, and they
are 15' lower at their highest point, and they might come down
perhaps even lower at certain points along 66 Street; Valencia
project is 105 units per acre and they are 58, almost half in
terms of density; their floor ratio is 2.5 and theirs is 1.5;
as for parking, Valencia had a variance for parking, they are
providing 48 spaces more than code, providing well beyond one
per bedroom.
The Mayor opened the floor for public hearing.
David Tucker Sr. addressed the Commission by reading from a
plumber's list of items required for any building project.
Jay Beckman said that this could be a great project after
some details have been worked out. He recommended that even
though they have to vote separately, the PUD and the site plan
be combined for the workshop. He said that what he would like
to see as the result of this workshop is a compatibility
standard.
Cathy McCann said that this is not a project by itself.
Therefore, we need to look at the area and how the population
has increased in the past four to five years. She said that she
would be using City's figures: When the CRA started
approximately four years ago the population in this area was
1,649; Valencia has 297 apartments, where you can have from
REGULAR CITY COMMISSION 16
MINUTES - November 16, 2004
300 -500 people; the proposed apartments at the Metrorail will
have another 250 apartments; South Miami Gardens —CRA is talking
about increases; Codina apartments, according to their figures
they are talking about a population of 997; the Habitat houses
and Madison Square. We have doubled the population in this
area. The Codina project is not necessarily bad, but she urged
the Commission to "think out of the box if they do not want to
permanently harm the livelihood of this area. .Another expansion
has been the South Miami Hospital and all of this means an
increase in traffic. For instance, she referred to the traffic
study done by Valencia which in her opinion has not proven to
be realistic, so this is an opportunity to learn from
experience. She then referred to Codina' s traffic study saying
that Red Road is a four -lane only from US1 to 64 Street;. Red
Road is basically a two -lane street. She said that the study at
Levante Street should be done around 3:00 p.m. when Levante has
the greatest traffic. She said that she hopes that Red Road
stays as a historical road. She then referred to Codina's
economic study which she said it does not refer to what it will
cost the City to provide services. She said that even though
she is not against the project, she is extremely concerned with
the fact that the City has doubled the population of this area,
and has failed to look at the traffic pattern that has to be
looked at in order to maintain this area a pleasant place to
live and in order to maintain the quality of life of the
residents.
Sharon McCain referred to Progress and Commerce Lane which
have not been notified about this project. She said that she
found out when she went to take her car there to the shop. She
said that if the traffic from this project is going to be
affecting that area they should be included in this.
With no more speakers the public hearing was closed.
Commissioner Sherar said to the traffic consultant that he
will need a detailed cross section for the entrance /exit ramp
on 66 Street, and then to drop and go about 50 feet west.
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe the motion to defer this item to the meeting of
1/04/05 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 17
MINUTES - November 16, 2004
10. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW
FOR THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY
PROVISIONS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH
MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE
MIAMI DADE COUNTY CODE PERTAINING TO A WAIVER OF PLAT
FOR PROPERTY LOCATED AT 5837 SW 82 STREET, SOUTH MIAMI,
FLORIDA WITHIN AN "RS -3" LOW DENSITY SINGLE - FAMILY
ZONING USE DISTRICT; PROVIDING FOR A LEGAL DESCRIPTION;
AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Deferred 10119104)
(City Manager)
Moved by Vice Mayor Palmer, seconded by Commissioner
Wiscombe to approve this item.
Mr. O'Donniley explained that this property was previously
approved for division into two parcels. At the time, the
applicant believed that the property had 75 feet of frontage in
each lot. When the property was re- surveyed it was found that
the lots are actually about a foot and a half short in terms of
frontage. An analysis of the size of the surrounding lots
indicates that 87% of the single family home sites are larger
than both of the two proposed parcels. The Planning Board
recommended denial of the application, and staff also
recommends denial.
At this time speakers were sworn in by Attorney Boutsis.
Mayor Russell opened the floor for public hearing.
The applicant, Mr. Thomas Meyer addressed the Commission. He
said that they purchased this property years ago with the
security of knowing that they had 150 feet of frontage, so they
went ahead and had the property divided during Mayor Robaina's
tenure. As the result of the lot split, he now has two separate
folios and two separate tax bills. He said that he has run into
a total of $20,000 in expenses relating to this ordeal with his
property. He then said that he would really appreciate the
Commission's support.
Jay Beckman said that when you own a piece of property it is
your responsibility to know where the property line is. He said
that this case has to be decided based on the provisions of the
Land Development Code.
Cathy McCann said that this is a tough story and you have to
feel for it, but unfortunately the request to do it was made
after the changes were made to the Land Development Code; and
REGULAR CITY COMMISSION 18
MINUTES - November 16, 2004
one of the reasons for these changes was due to the fact that
there was so much lot splitting in the neighborhood. She asked
the Commission to deny the request on the basis of what the
administration has said under no. 4 of staff's observations.
Yvonne Beckman also urged the Commission to deny the
application for the reasons stated above. She then thanked the
Mayor for taking part in the changes to the LDC.
Charlotte Tayson spoke against the application. She
indicated that she owns large lots and is keeping them that way
for the integrity and quality of the area. She said that
although she feels empathy for Mr. Meyer, they need to look at
the bigger picture.
Maria Isabel Caderas spoke in favor of the applicant. She
said that while everyone has been looking at the legal
requirements, it is also important that one looks at the
fairness of the issue. These people already have their lots
divided, only to f ind out that they do not have such a thing .
She said that in working with contracts everyday, she knows
that reasonable people can disagree on what is considered
legal /fair. She said that as far as she is concerned she sees
no harm in what they are proposing to do with their property.
She urged the Commission to reconsider in favor of the
applicant.
Sharon McCain said that she feels for them also but that it
will set a precedent. She said that she is really proud of the
way that those who live in the TODD district near the Codina
project are sticking up for the neighborhood, as well as
Yvonne's neighborhood. I live in the downtown area, she
continued, and I would appreciate it if all the Commissioners
would think about us and all the townhouses that they are
allowing in that area, because we are the forgotten ones; the
ones that put up with construction and never say a word; but
I'm asking that the extra money that we pay Mr. Sprovero, that
they all take a ride out there, individually, in their own cars
and see what is going on in our neighborhood because it is
getting like a mini Manhattan. She urged the Commission to deny
the application.
Tim Merker also said that he feels for the applicant and all
that he is going through; however, he concurs with the other
speakers in terms of the lack of compatibility with the size of
the rest of the lots in the neighborhood.
Eric Johnson read a letter from Martin and Rosario Schrier,
the next door neighbors to the applicant, urging the Commission
REGULAR CITY COMMISSION 19
MINUTES - November 16, 2004
to vote against the application. Mr. Johnson also spoke against
the application.
Elaine Paddor spoke against the application saying that the
neighborhood is beautiful the way it is and it should be kept
that way.
The applicant in his rebuttal said that the property was
subdivided prior to the rule change and they have two separate
folios and two tax bills. He said that he feels that they are
grandfathered in since this is a hardship, and gracefully
thanked everyone for their time.
Commissioner Birts- Cooper said that she really feels for the
applicant and that if she lived next door to him she would give
him the 1.5 feet he needs to complete his parcel. However, she
said that they have to be consistent with the code and for that
she would have to deny this request.
Vice Mayor Palmer concurred with Commissioner Birts- Cooper,
but unfortunately she said, they have to abide by the rules of
the code.
Commissioner Wiscombe also said that he really feels for the
applicant but that he was the one that years ago met with the
applicant's neighbors and helped to put a stop to the lot
splitting and he was really instrumental on that as well as on
the setback issue. This was just put in place to protect the
quality of life in that neighborhood and throughout the City;
because of what they saw happening in the neighboring cities
such as Coral Gables, the Grove and Pinecrest . He said that he
is afraid that by approving this request they would be setting
a precedent for future applicants.
Commissioner Sherar said that he has a property just like
this one and that he is going through the same situation;
however, the more lot splitting the more developing that will
impact the community. He also said that they have to stick to
the code.
Mayor Russell also concurred with the rest of the
Commission. She said that if it were a unique parcel, the
situation would be different; but because it is going to
produce two lots smaller than 87 percent of the surrounding
properties, she said that she would not be comfortable
supporting it either.
With no further comment
approve this item failed by a
s or discussion,
0 -5 vote:
REGULAR CITY COMMISSION 2 0
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the motion to
1 Commissioner Wiscombe: Nay
2 Commissioner Sherar: Nay
3 Vice Mayor Palmer: Nay
4 Commissioner Birts- Cooper: Nay
5 Mayor Russell: Nay
6
7
8 11. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
9 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
10 A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND
11 DEVELOPMENT CODE TO ALLOW THE LOT FRONTAGE OF A
12 BUILDING SITE TO BE 73.47 FEET, WHERE A MINIMUM OF 75
13 FEET IS REQUIRED ON PROPERTY LOCATED AT 5837 SW 82
14 STREET, SOUTH MIAMI, FLORIDA WITHIN AN "RS -3" LOW
15 DENSITY SINGLE- FAMILY RESIDENTIAL ZONING USE DISTRICT;
16 AND PROVIDING FOR AN EFFECTIVE DATE 4/5
17 (Deferred 10119104)
18 (City Manager)
19
20 No motion. The applicant withdrew this request as the result
21 of the denial of the preceding item.
22
23 Resolution No. 185 -04 -11964
24 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
25 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
26 SECTION 20-5.19 (E) (3 ) OF THE LAND DEVELOPMENT CODE FOR
27 A CERTIFICATE OF APPROPRIATENESS TO PERMIT EXTERIOR
28 RESTORATION TO A PROPERTY LOCATED AT 6234 SW 56 STREET
29 WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT; AND
30 PROVIDING FOR AN EFFECTIVE DATE. 3/5
31 (City Manager)
32
33 Moved by Commissioner Sherar, seconded by Commissioner
34 Wiscombe to approve this item.
35
36 Mr. O'Donniley explained that this property is located
37 within the Cambridge Lawns Historic District, and the 'owner is
38 replacing windows; he has presented his request to the Historic
39 Preservation Board (HPB) for a Certificate of Appropriateness
40 and the final determination is made by the City Commission. The
41 HPB recommends approval.
42
43 Mayor Russell opened and closed the public hearing with no
44 speakers.
45
46 With no further comments or discussion, the motion to
47 approve this item passed by a 5 -0 vote:
48
REGULAR CITY COMMISSION 2 1
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1 Commissioner Wiscombe: Yea
2 Commissioner Sherar: Yea
3 Vice Mayor Palmer: Yea
4 Commissioner Birts- Cooper: Yea
5 Mayor Russell: Yea
6
7 Mayor Russell, to clarify for the records, said that the
8 quick decision was not made strictly because of the hour, or
9 because they are tired but because it was a "no brainer." She
10 said that she does not want to hear at the next meeting that
11 because it was late we rushed through the end of the agenda. We
12 are taking our time and we are committed to getting the agenda
13 completed this evening.
14
15
16 RESOLUTION (S)
17
18 Resolution No. 186 -04 -11965
19 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
20 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
21 COMMITTEES; APPOINTING DR. ANNA PRICE TO SERVE ON THE
22 COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD FOR AN
23 UNEXPIRED TERM ENDING MARCH 15, 2006; AND PROVIDING AN
24 EFFECTIVE DATE. 3/5
25 (Mayor Russell)
26
27 Moved by Commissioner Wiscombe, seconded by Vice Mayor
28 Palmer to approve this item.
29
30 Mayor Russell explained, to answer Vice Mayor Palmer's
31 concern, that the reason for this appointment is because one of
32 the members has resigned and that she wanted to continue with a
33 full board so that they would not lose the current momentum.
34 She said that she did it so quickly because she had received a
35 letter of resignation from CRA Member Viola Brian. Attorney
36 Boutsis explained that the reason for bringing this resolution
37 before this Commission and not before the CRA Board is because
38 the Commission appoints the members to the CRA Board. Ms.
39 Boutsis explained that then they are sworn in at the CRA Board.
40
41 Commissioner Sherar said that he is concerned with this
42 appointment because even though Dr. Price was instrumental in
43 the creation of the CRA, she has not been here to support the
44 Work Study Program, for instance, which was something that
45 would be affecting the community directly, and with little
46 effort, a lot could have been accomplished and she was not here
47 to support it. Commissioner Sherar had another concern relating
48 to the diversity of the board since there are now residents
REGULAR CITY COMMISSION 2 2
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1 that come from different ethnic backgrounds. He said that
2 according to the Interlocal Agreement, the make up of the board
3 is to have the composition of the agency by the addition of two
4 additional members that shall be ethnically and racially
5 diverse, all in accordance with the applicable law. The board
6 should be a reflection of the CRA as it exists. For these
7 reasons he said that he would not support this appointment.
8
9 Mayor Russell said that Commissioner Sherar has a point and
10 that maybe it would be a good idea to make available some
11 applications to the new developments.
12
13 Commissioner Wiscombe said that Dr. Price was not in office
14 long enough after the CRA began to institute the Work Study
15 Program. He said that he has known her for years; she is a
16 talented individual and has been one of the starters of the
17 CRA, working and understanding it. She will be bringing a
18 wealth of experience to the table and I am going to support
19 her, he concluded.
20
21 With the further comments or discussion, the motion to
22 approve this item passed by a 4 -1 vote:
23
24 Commissioner "Wiscombe: Yea
25 Commissioner Sherar: Nay
26 Vice Mayor Palmer: Yea
27 Commissioner Birts- Cooper: Yea
28 Mayor Russell: Yea
29
30
31 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
32 (NONE)
33
34 ORDINANCE (S) FIRST READING
35
36 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
37 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH
38 MIAMI PENSION PLAN, PROVIDING FOR ELIGIBILITY AT DATE
39 OF EMPLOYMENT FOR POLICE OFFICER EMPLOYEES OF THE CITY
40 OF SOUTH MIAMI; PROVIDING FOR A MINIMUM RATE OF BENEFIT
41 ACCRUAL FOR POLICE OFFICER EMPLOYEES; PROVIDING FOR
42 SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING
43 FOR AN EFFECTIVE DATE. 3/5
44 (City Manager)
45
46 Moved by Commissioner Sherar, seconded by Commissioner
47 Wiscombe to approve this item.
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This ordinance was prepared by the City Pension Attorney in
order to improve the pension plan benefits for the City's
police officers. Mr. Oshikoya explained that part of the money
that we will be getting from the state is going to be used to
pay for these improvements.
Mr. Oshikoya then introduced Pension Attorney David
Robinson, who further explained the purpose of the proposed
ordinance.
With the 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
COMMISSION REMARKS
Mayor Russell thanked everyone for staying until the end of
the agenda.
There being no further business to come before this Body,
the meeting adjourned at 1:13 a.m.
Approved
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - November 16, 2004
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Mary Scott Russell
Mayor