12-21-04 Item 1,y h
IT
1 City of South Miami
2 Regular City Commission Minutes
3 December 7, 2004
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, December 7, 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 Vice Mayor Velma Palmer, and, Commissioners Marie Birts- Cooper,
14 Randy G. Wiscombe and Craig Z. Sherar. Mayor Mary Scott Russell
15 was absent.
16
17 Also in attendance were: City Attorney Luis Figueredo, City
18 Manager Maria V. Davis and City Clerk Maria M. Menendez.
19
20 B. Invocation: The invocation was delivered by Vice Mayor Palmer.
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22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentation(s) 7:00 p.m.
26
27 (None)
28
29
30 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
31
32
33 Minutes of November 16, 2004
34
35 Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
36 Cooper, the motion to approve the minutes passed by a 4 -0 vote:
37
38 Commissioner Wiscombe: Yea
39 Commissioner Sherar: Yea
40 Vice Mayor Palmer: Yea
41 Commissioner Birts- Cooper: Yea
42 Mayor Russell: Absent
43
44 2. City Manager's Report:
45
46 "Commission for Women"
REGULAR CITY COMMISSION 1
MINUTES - December 7, 2004
1 Member Monique de Paredes addressed the Commission to inform
2 them and the community in general about the upcoming events
3 that they will be sponsoring. One is the "Defense Classes" for
4 females, ages ten and up, which will be held at the Community
5 Center, starting on January 8, 2005 at 9:00 a.m. Thereafter,
6 classed will be held the first Saturday of every month at 9:30
7 a.m. She then informed about the "Vision of Women Wall"
8 explaining that this is that time of the year again when they
9 will be looking for nominations of distinguished women of South
10 Miami, either from the present or the past generations.
11 Nominations are to be submitted to the City Clerk's office.
12
13 With no further comments or discussion, the City Manager's
14 Report concluded.
15
16 3. City Attorney's Report:
17 (None)
18
19 PUBLIC REMARKS
20 (5- minute limit)
21
22 David Tucker Sr. addressed the Commission with his words of
23 wisdom. On this 43rd anniversary of the attack at Pearl Harbor,
24 Mr. Tucker eloquently addressed the Commission in remembrance of
25 that unforgettable and fateful date which led this Country into
26 World War II. He also expressed concern for the present security
27 and vulnerability of the Country which has been challenged
28 recently.
29
30 Yvonne Beckman questioned as to how the Florida Statutes 871
31 statement was removed from the Agenda. Vice Mayor Palmer said
32 that she did not have an answer for her and Ms. Davis explained
33 that the Mayor has asked to take it off. She then urged the
34 Commission to keep their promise of last year to revise the tree
35 ordinance, adding that on 82nd Street and 57th Avenue beautiful
36 trees were taken down.
37
38 At this time Vice Mayor Palmer announced the intent of
39 Commissioner Birts- Cooper to defer item no. 10.
40
41 As a response to the above claim by Ms. Beckman, Ms. Davis
42 explained that the contractor had been cited and we will be
43 determining what kind of mitigation is required for the three
44 trees that were taken out and the canopy loss at the property
45 referred above. Mr. Sprovero explained that this was an existing
46 residence and they had hired a landscape contractor to re-
47 landscape the front yard. The contractor is expected to come in
48 tomorrow to discuss the required mitigation.
49
REGULAR CITY COMMISSION 2
MINUTES - December 7, 2004
1 Sharon McCain said that she wanted to know about the removal
2 of the FS 871 statement on the Agenda; she also wanted answers
3 relating to her letter published recently in the Community
4 Newspapers with regard to an incident with Clide Cates; she also
5 urged the Commission to move the date of the workshop scheduled
6 for December 29th saying that by having it in January more people
7 would be able to participate after the holidays. She then
8 continued to speak regarding FS 871.
9
10 Eda Harris (tape inaudible).
11
12 Dean Whitman said that he does not know how the Commission
13 does it. He said that he would expect that the people that were
14 against of the FS 871 on the Agenda would be happy now that it
15 has been removed but unfortunately that does not seem to be the
16 case.
17
18 Cathy McCann said that in going over the minutes since last
19 February she has come to realize that there are various things
20 that have been brought before the Commission but have not been
21 followed up; they have sort of disappeared. Some of these are:
22 looking at election regulations, particularly those involving
23 contribution and outside interference in our election, and
24 nothing has been done; she said that several weeks ago she
25 requested clarification of the Dade County Bill of Rights that
26 refers to the right of the person to speak to the Commission;
27 about the Sylva Martin picture and tapestry; the salary survey;
28 parking requirement changes, such as in the case of the property
29 on 67th Avenue and Sunset which has changed to medical offices
30 which will require more parking, and nothing has been done about
31 that; about the impact fees, saying that the Vice Mayor had asked
32 for an answer during budget time.
33
34 Commissioner Birts- Cooper informed Ms. McCann that the
35 tapestry is hanging over the fireplace at the Sylva Martin
36 Building which seems to be the appropriate place. Ms. McCann said
37 that it is supposed to be hanging at City Hall, and that the
38 Sylva Martin picture should go over the fireplace.
39
40 Dick Ward referred to the unresolved matter relating to the
41 parking garage which is costing the City money day after day and
42 urged the Commission to do something about it. (tape inaudible).
43
44 After there were no more speakers, the Public Remarks
45 section was closed.
46
47 At this point Commissioner Sherar both pulled items no. 4,
48 5, 6,and 8 from the Consent Agenda (now nos. 7, 8, 9 & 10).
49
50
REGULAR CITY COMMISSION 3
MINUTES - December 7, 2004
I CONSENT
I
3 Resolution No. 187 -04 -11966
4 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACQUISITION
6 OF COMPUTER EQUIPMENT; AUTHORIZING THE CITY MANAGER TO
7 ENTER INTO A THREE (3) YEAR LEASE AGREEMENT WITH IBM
8 GLOBAL FINANCE FOR THE LEASE OF AN AS /400 COMPUTER
9 SYSTEM IN A MONTHLY AMOUNT OF $919.00 AND CHARGING THE
10 DISBURSEMENT TO ACCOUNT NUMBER 001- 1340 - 513 -4445 -
11 GENERAL FUND LEASE PURCHASE AS 400; AND PROVIDING FOR
12 AN EFFECTIVE DATE. 3/5
13 (City Manager)
14
15 Resolution No. 188 -04 -11967
16 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
17 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE
18 $8,941.80 TO STAGING CONCEPTS, INC. FOR THE PURCHASE OF
19 A PORTABLE STAGE SYSTEM TO BE CHARGED TO THE NON -
20 DEPARTMENTAL ECONOMIC DEVELOPMENT ACCOUNT NUMBER
21 001.2100.519.9931; PROVIDING AN EFFECTIVE DATE. 3/5
22 (City Manager)
23
24 Moved by Commissioner Wiscombe, seconded by Commissioners
25 Birts- Cooper and Sherar, the motion to approve the Consent
26 Agenda passed by a 4 -0 vote:
27
28 Commissioner Wiscombe: Yea
29 Commissioner Sherar: Yea
30 Vice Mayor Palmer: Yea
31 Commissioner Birts- Cooper: Yea
32 Mayor Russell: Absent
33
34
35 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
tr
37 3. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
38 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH
39 MIAMI PENSION PLAN, PROVIDING FOR ELIGIBILITY AT DATE
40 OF EMPLOYMENT FOR POLICE OFFICER EMPLOYEES OF THE CITY
41 OF SOUTH MIAMI; PROVIDING FOR A MINIMUM RATE OF BENEFIT
42 ACCRUAL FOR POLICE OFFICER EMPLOYEES; PROVIDING FOR
43 SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING
44 FOR AN EFFECTIVE DATE. 3/5
45 (City Manager)
REGULAR CITY COMMISSION 4
MINUTES - December 7, 2004
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Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
At this time Vice Mayor Palmer opened the floor for public
hearing.
Cathy McCann said that she had a great concern with this
because if for some reason the State does not have the money to
fund this pension, then the responsibility for the pension
funding falls back on the City. She said that she would feel
more uncomfortable about this if we could have something in
writing from the State of Florida, assuring us that in years to
come, either next year or five years from now, that we will not
end up being the ones paying the pension amount. She urged the
Commission to hold their vote until they have written
documentation from the State that will assure the City that
they will not hold the City responsible for the pension amount.
Yvonne Beckman concurred with Ms. McCann, saying that she
had received information warning about the possibility of the
City being responsible for the pension amount.
At the closing of the public hearing, Mr. Harrison, Attorney
for the Pension Board, continued to explain to the Commission,
answering their questions and concerns. Since the Commission
was still not completely clear on this issue after Mr.
Harrison's explanations, Ms. Davis proposed to bring the
Actuary Specialist so that he could meet with the Commission on
a one -on -one basis.
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar to defer this item.
Commissioner Sherar moved to amend the motion to defer until
the meeting of January 18. Finally, Commissioner Sherar amended
his first motion and moved to defer this item until the meeting
of 02/01/05. The motion to defer, seconded by Commissioner
Wiscombe, passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Absent
RESOLUTION (S) /PUBLIC HEARING (S)
Resolution No. 189 -04 -11968
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
REGULAR CITY COMMISSION
MINUTES - December 7, 2004
5
1 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
2 SECTION 20- 5.16(e) OF THE LAND DEVELOPMENT CODE FOR
3 RELEASE OF A UNITY OF TITLE FOR PROPERTY LOCATED AT
4 8200 SW 60' COURT AND LEGALLY DESCRIBED AS LOTS 1 AND
5 2, BLOCK 1, HARRIS ESTATES SUBDIVISION; THE PURPOSE OF
6 THE REQUEST IS TO PERMIT A RESIDENTIAL BUILDING TO BE
7 CONSTRUCTED ON LOT 2; AND PROVIDING FOR AN EFFECTIVE
8 DATE. 3/5
9 (City Manager)
10
11 Moved by Commissioner Sherar, seconded by Commissioner
12 Wiscombe to approve this item.
13
14 Mr. O'Donniley presented the request. In 1993 the owner of
15 the referenced property obtained a unity of title, uniting the
16 two lots in order to have an expansion done. At the present
17 time, the owner wishes to remove the improvements on lot 2 in
18 order to be able to construct a residential structure on that
19 lot. Both lots, when separated, will exceed the Code's minimum
20 lot size of 10,000 sq. ft. and the required minimum lot
21 frontage of 75 feet.
22
23 The City Attorney sworn in speakers, following the
24 procedures of the quasi- judicial hearing, and the floor was
25 opened for public hearing.
26
27 Jeffrey Flanagan, attorney representing the applicants,
28 addressed the Commission basically repeating the same
29 information stated earlier by Mr. O'Donniley.
30
31 Cathy McCann, Yvonne Beckman and Jay Beckman spoke against
32 the request. The general concern was that the way they perceive
33 it is that by approving this application they will be creating
34 a new lot.
35
36 Mr. Beckman asked as to whether the City Commission would be
37 obligated to grant this request or would it be at their
38 discretion.
39
40 Mr. O'Donniley explained that the criteria in the particular
41 section of the Code provides that if the condition that calls
42 for the unity to come into play is removed, then they are
43 permitted to petition to remove the unity.
44
45 Mr. Figueredo said that this is a good question and it is
46 also subject to interpretation because the Code only speaks of
47 a hearing; when you have a hearing, you assume that the
48 Commission would have to make a decision. He said that his
49 interpretation is that the Commission has some discretion. And,
REGULAR CITY COMMISSION 6
MINUTES - December 7, 2004
1 if the Commission finds that the criteria has been satisfied,
2 and in this case the condition is to remove the encumbrances,
3 and the Commission finds that they have been removed, then at
4 that time if they do not grant it, that would create an
5 arbitrary capricious standard.
6
7 Mr. O'Donniley further explained that if for example, the
8 removal of the unity would result in two nonconforming building
9 sites that fail to meet the minimum zoned district, then the
10 Commission could perhaps have the discretion to deny the
11 application; however, that is not the case here.
12
13 Commissioner Wiscombe said that also the size of the lots
14 should be taken into consideration. Even though they meet the
15 minimum requirements they still are smaller than the majority
16 of the surrounding ones. Mr. O'Donniley said that this argument
17 can only be made when considering a waiver of plat. This is not
18 a criterion under the unity of title release. Commissioner
19 Wiscombe said that the way he sees it is as another way of lot
20 splitting. Mr. O'Donniley said that the reality is that by
21 releasing the unity of title they are not creating a lot, but
22 they are just going back to where they were.
23
24 Commissioner Sherar said that the difference in this
25 situation is that the property was originally platted into six
26 lots in a subdivision. The unity of title did not disrupt the
27 fact of the legal description of these two lots; all that it
28 says is that these two properties are tied together and any
29 requirements have to be looked at with the two properties
30 together and not as two separate properties; therefore, by
31 releasing the unity of title we are not changing the
32 subdivision, nor are we changing the platting, and furthermore,
33 we are not creating two nonconforming lots.
34
35 Mr. Beckman asked a hypothetical question. Mr. O'Donniley
36 explained that the rules that apply are the rules in place at
37 the time of the application, and what if does not apply.
38
39 Mr. Figueredo said that although it is a good question, it
40 is not a question before the Commission today.
41
42 Commissioner Sherar asked if the existing house meets all
43 the setbacks as they currently exist. Mr. O'Donniley explained
44 that it does; in addition, they will need to comply with all
45 the requirements for the new structure.
46
47 During his rebuttal, Mr. Flanagan explained that there are
48 also smaller lots surrounding the subject property.
49
REGULAR CITY COMMISSION 7
MINUTES - December 7, 2004
Vice Mayor Palmer asked clarification as to the size of the
surrounding lots and the impact on this application. Mr.
O'Donniley said that the argument of conforming with the
surrounding properties only applies to the waiver of plat
applications and should not be considered on this application.
Commissioner Wiscombe said that even though he does not like
it, he understand the difference between a request for a waiver
of plat and this request, but this is no different from when
they started the lot splitting situation, so they are going to
need to go back and revisit it and make sure that they tighten
it up and do the things they can do; however, at this time, he
feels that his hands are tied in this case. He said that to him
this is just another way of splitting a lot, putting another
house in and increasing the density. He then warned Mr.
Flanagan to make sure and advise the applicants that they need
to comply with the setback ordinance; and if they build a two -
story structure to make sure that they know that the side
setback is 15 feet on both sides of the second floor.
Commissioner Sherar then moved an amendment to make sure
that the resolution does not take effect until the conditions
are met.
Moved by Commissioner Sherar to amend line 47, Section 2, to
read as follows: This resolution shall be effective
after the adoption hereof. upon the secession of the conditions
which originally required the unity of title, and certification
by the Planning Department that the separated lots meet all the
zoning requirements.
Commissioner Sherar said to Mr. O'Donniley that according to
his calculations, the applicant will not have a lot of room for
the construction of the new residence.
Commissioner Wiscombe, adding to Commissioner Sherar's
statement, told Mr. O'Donniley that if possible in the future
those criteria should be met before they even come to the
board. Mr. O'Donniley said they may discuss these details
later.
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe, the motion to approve this item as amended passed by
a 4 -0 vote:
Commissioner Wiscombe:
Commissioner Sherar:
Vice Mayor Palmer:
Commissioner Birts- Cooper:
REGULAR CITY COMMISSION 8
MINUTES - December 7, 2004
Yea
Yea
Yea
Yea
1 Mayor Russell: Absent
2
3 At this time the Vice Mayor called for a five- minute break.
4 At the end of the break the meeting reconvened.
5. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN
ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET
IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE
USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM
SECTION 20- 4.4(B) (10) OF THE LAND DEVELOPMENT CODE TO
ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED
OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM
SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO
ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT
SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE
DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
(The request for these two parking variances were denied
9121104 on a 4 -1 vote)
(Commissioner Birts- Cooper)
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar to approve this item.
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Absent
Moved by Commissioner Birts- Cooper, seconded by Commissioner
Wiscombe, the motion to defer this item passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Absent
40 RESOLUTION (S)
41
42
Resolution
No.
190 -04- 11969
43
6. A RESOLUTION OF THE MAYOR
AND CITY COMMISSION OF THE
44
CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO REAL
45
PROPERTY; AUTHORIZING
THE
PURCHASE OF THE PROPERTY
46
CONSISTING OF THE EAST
101
FEET OF 7800 SW 59 AVENUE,
REGULAR CITY COMMISSION 9
MINUTES - December 7, 2004
I SOUTH MIAMI; AUTHORIZING THE CITY TO ACCEPT THE DEED TO
2 THE PROPERTY UPON CLOSING AND REQUESTING TAX EXEMPTION
3 OF THE PROPERTY, OTHERWISE KNOWN AS THE "HAMMOCK
4 HOUSE "; PROVIDING AN EFFECTIVE DATE. 3/5
5 (City Manager)
6
7 Moved by Commissioner Sherar, seconded by Commissioner
8 Wiscombe to approve this item.
9
10 Commissioner Sherar said that it is important to close on
11 this before January 1St to avoid the impact of the taxes next
12 year and that would mean about $30,000.
13
14 Moved by Commissioner Sherar to amend Section 6 of the
15 resolution to read: This resolution shall take effect
16 immediately upon the City Clerk inserting into
17 Section 1 the account number from which the funds will be
18 taken.
19
20 With no further comments or discussion, the motion to
21 approve this item as amended passed by a 4 -0 vote:
22
23 Commissioner Wiscombe: Yea
24 Commissioner Sherar: Yea
25 Vice Mayor Palmer: Yea
26 Commissioner Birts- Cooper: Yea
27 Mayor Russell: Absent
.,
29 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
31 COMMITTEES; RE- APPOINTING JENA STALY, JOYCE PRICE AND
32 DONNA MASON, TO SERVE ON THE COMMISSION FOR WOMEN FOR A
33 TWO YEAR TERM ENDING DECEMBER 6, 2006; AND PROVIDING AN
34 EFFECTIVE DATE. 3/5
35 (Mayor Russell)
36
37 Moved by Commissioner Wiscombe, seconded by Commissioner
38 Sherar to approve this item.
39
40 Commissioner Sherar said that the reason for pulling this
41 item, as well as the next two relating to board re- appointments
42 is because he believes that they should be giving a chance to
43 new members to serve.
44
45 Commissioner Wiscombe concurred with Commissioner Sherar;
46 however, he said that out of respect for the Mayor, he would
47 like to defer these three items until the next meeting when the
48 Mayor will be present. He said that a similar situation took
REGULAR CITY COMMISSION 10
MINUTES - December 7, 2004
1 place while he was absent at one of the meetings and the Mayor
2 had deferred his item out of courtesy for him.
3
4
Moved by Commissioner Wiscombe, seconded
by Commissioner
5
Sherar, the motion to defer this item passed by a 4 -0 vote:
6
7
Commissioner Wiscombe:
Yea
8
Commissioner Sherar:
Yea
9
Vice Mayor Palmer:
Yea
10
Commissioner Birts- Cooper :
Yea
11
Mayor Russell:
Absent
12
13
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
14
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
15
COMMITTEES; RE- APPOINTING LILLIE HARRIS
AND FRANK
16
CUZZOCREA TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR
17
A TWO YEAR TERM ENDING DECEMBER 6, 2006; AND
PROVIDING
18
AN EFFECTIVE DATE.
3/5
19
(Mayor Russell)
20
21
Moved by Vice Mayor Palmer, seconded
by Commissioner
22
Wiscombe, the motion to defer this item passed
by a 4 -0 vote:
23
24
Commissioner Wiscombe:
Yea
25
Commissioner Sherar:
Yea
26
Vice Mayor Palmer:
Yea
27
Commissioner Birts- Cooper:
Yea
28
Mayor Russell:
Absent
29
30
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
32
COMMITTEES; RE- APPOINTING ALICIA MORALES -FERNANDEZ TO
33
SERVE ON THE ENVIRONMENTAL REVIEW AND
PRESERVATION
34
BOARD FOR A TWO YEAR TERM ENDING DECEMBER
6, 2006; AND
35
PROVIDING AN EFFECTIVE DATE.
3/5
36
(Mayor Russell)
37
38
Moved by Commissioner Sherar, seconded
by Commissioner
39
Wiscombe, the motion to defer this item passed
by a 4 -0 vote:
40
41
Commissioner Wiscombe:
Yea
42
Commissioner Sherar:
Yea
43
Vice Mayor Palmer:
Yea
44
Commissioner Birts- Cooper:
Yea
45
Mayor Russell:
Absent
46
47
48
REGULAR CITY COMMISSION 1 1
MINUTES - December 7, 2004
1 Resolution No. 191 -04- 11970
2 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
4 MANAGER TO EXECUTE TROLLEY SERVICE AGREEMENT WITH SOUTH
5 FLORIDA TROLLEY COMPANY, INC. IN AN AMOUNT OF $75,000
6 TO BE CHARGED TO PEOPLE TRANSPORTATION TAX ACCOUNT
7 NUMBER 124- 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE
8 DATE. 3/5
9 (City Manager)
10
11 Moved by Commissioner Wiscombe, seconded by Commissioner
12 Sherar to approve this item.
13
14 Ms. Davis explained that the reason for leasing the trolleys
15 is because it is cheaper than purchasing. Mr. Balogun explained
16 that this is almost the only company that provides this type of
17 full service. Most of these companies sell trolleys and do not
18 provide any services.
19
20 Commissioner Wiscombe said that he sees many benefits to
21 this. He also said that if the trolley will be running in the
22 CRA area, we should take some of the CRA funds to help pay for
23 it. The Commission then agreed that this is something that
24 would have to be discussed at the CRA level. He also mentioned
25 that the previous time when we had a trolley in the City, we
26 went ahead and bought various magnetic signs only to find out
27 later that the body of the trolley was made of fiberglass. Ms.
28 Davis said that the company does not have the right to
29 advertise on the vehicles.
30
31 Commissioner Sherar asked as to where in the contract is the
32 advertising issue addressed. Mr. Balogun then pointed to
33 section 7.10 on page 6 of the contract; however, since the
34 language there is somewhat vague, Ms. Davis said that they
35 could modify it and could amend it, also saying to Commissioner
36 Sherar that this was a good point. Mr. Figueredo said that he
37 would look at it and recommend some language on advertising.
38 Commissioner Sherar also asked Ms. Davis to check and see which
39 company is providing trolley services to the City of Miami or
40 that of Coral Gables and what the cost is.
41
42 Ms. Davis explained to the Vice Mayor that they are planning
43 to use the dollars received from advertising to offset the
44 leasing expense. Commissioner Wiscombe then recommended adding
45 that language to the resolution.
46
47 Moved by Commissioner Wiscombe to add to the resolution,
48 that any revenues that are brought in from advertising will be
49 used to offset the leasing expenses. Commissioner Sherar said
REGULAR CITY COMMISSION 12
MINUTES - December 7, 2004
1 that he would like to see that money going into the general
2 fund and for that reason he would vote against the amendment.
3 Seconded by Vice Mayor Palmer, the Motion to amend passed by a
4 3 -1 vote
5
6 Commissioner Wiscombe: Yea
7 Commissioner Sherar: Nay
8 Vice Mayor Palmer: Yea
9 Commissioner Birts- Cooper: Yea
10 Mayor Russell: Absent
11
12 Moved by Commissioner Sherar to amend Article 18 of the
13 contract, to strike the word Broward and insert the word Miami -
14 Dade. Seconded by Commissioner Wiscombe the motion to amend and
15 to approve the item as a whole passed by a 4 -0 vote:
16
17 Commissioner Wiscombe: Yea
18 Commissioner Sherar: Yea
19 Vice Mayor Palmer: Yea
20 Commissioner Birts- Cooper: Yea
21 Mayor Russell: Absent
22
23 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
24
25 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -3.6
27 (H) (2) (c) OF THE LAND DEVELOPMENT CODE OF THE CITY OF
28 SOUTH MIAMI TO ELIMINATE THE REQUIRED MINIMUM 60% OPEN
29 AREA ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO A
30 RIGHT -OF -WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
31 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
32 DATE. 3/5
33 (Commissioner Sherar)
34
35 Moved by Commissioner Sherar, seconded by Commissioner
36 Wiscombe to approve this item.
37
38 At this time the Vice Mayor opened the floor for public
39 hearing.
40
41 Ms. McCann brought up item no. 13 to the attention of the
42 Commission noting that the account was missing from the
43 resolution.
44
45 Since staff did not have the account number available,
46 Attorney Figueredo recommended that Section 6 of the resolution
47 be modified to provide that it would take effect upon the
48 identification and inclusion of an account number.
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1
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3 Commissioner Sherar advised that they were out of order
4 since they were in the middle of item no. 14.
5
6 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
7 to defer item no. 14 until after they resolved item no. 13. The
8 motion passed by a 4 -0 vote.
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10 Commissioner Wiscombe: Yea
11 Commissioner Sherar: Yea
12 Vice Mayor Palmer: Yea
13 Commissioner Birts- Cooper: Yea
14 Mayor Russell: Absent
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16 Moved by Commissioner Sherar, seconded by Commissioner
17 Wiscombe the motion to bring back item no. 14 passed by a 4 -0
18 vote.
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20 Commissioner Wiscombe: Yea
21 Commissioner Sherar: Yea
22 Vice Mayor Palmer: Yea
23 Commissioner Birts- Cooper: Yea
24 Mayor Russell: Absent
25
26 The public hearing for this item resumed at this point.
27
28 Ms. McCann said that she is opposed to the proposed change
29 saying that to wall the City in with a solid six -foot fence
30 would be detrimental to the neighborhood, and instead of
31 deterring crime it would rather encourage it. She then
32 recommended that this item be sent back to the Planning
33 Department for a different recommendation and that she did not
34 think that it should be accepted as presented.
35
36 Yvonne Beckman said to second Ms. McCann's statement since
37 she feels that it is a safety issue. She said that those huge
38 hedges obstruct the view and you cannot see around the corner
39 until you are half -way into the intersection which could cause
40 accidents.
41
42 Jay Beckman said that with the amount of traffic that is
43 coming through South Miami, he sees more walls than fences
44 protecting residential properties. He said that he would like
45 to see the City to go back to the Code, concerning fencing and
46 how we treat it, and perhaps the ERPB should review fences
47 application. He said that the Code probably needs to be re-
48 written to provide that fences and walls will need to be
49 attractive and functional.
50
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MINUTES - December 7, 2004
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Commissioner Sherar said that his intention regarding the
revision of this ordinance was `lost in the translation.' He
said that the only thing that he wanted to do was, for those
who live on corner lots, to stop everybody passing by from
looking into people's backyard.
Commissioner Wiscombe said to Commissioner Sherar that if he
is going to revise it, then he would like to have an
opportunity to look at it again. He then referred to the hedges
on the corner of 62nd Avenue and 80th Street that are probably
two feet away from the road, making the spot a very dangerous
one
Commissioner Sherar then moved to amend the proposed
ordinance on page 2, line 3: insert "side" to read: (b)In
required side yards... then, to remove strikethrough from line 6
through line 27; and, to insert "front" to read: (c)In required
front yards... Seconded by Commissioner Wiscombe, the motion to
amend passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Absent
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe, the motion to defer this item as amended, until after
it is reviewed by the Planning Board, passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts - Cooper: Yea
Mayor Russell: Absent
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, the motion to extend the meeting for ten minutes beyond
11:00 p.m. passed by _a 4 -0 vote:
REGULAR CITY COMMISSION
MINUTES — December 7, 2004
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Absent
15
ORDINANCE (S) FIRST READING
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE
SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY
ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -1583, 18-99 -
1692, 28 -00- 1730, 32 -01- 1763, 14 -02 -1782 AND 21 -03 -1805
IN ORDER TO ADJUST LAND USE APPLICATION FEES, PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE. (Deferred 7/27/04) 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Birts- Cooper to approve this item.
Mr. O'Donniley explained that the proposed ordinance was
brought up before the Commission and deferred at its July 27,
2004 meeting, to allow staff to find alternatives to be
presented for the Commission's consideration. He explained the
different alternatives found by staff as stated in their
report; however, staff recommended the one that they considered
the most practical of them which provides for an "average
increase in most fees" which should reverse the negative impact
on the advertising account.
26 With no further comments or discussion, the motion to
27 approve this item passed by a 4 -0 vote:
28
29 Commissioner Wiscombe: Yea
30 Commissioner Sherar: Yea
31 Vice Mayor Palmer: Yea
32 Commissioner Birts- Cooper: Yea
33 Mayor Russell: Absent
34
35 COMMISSION REMARKS
36
37 Ms. Davis informed the Commission that the attorney- client
38 session, originally scheduled for Thursday, December 9th had been
39 cancelled. It was then agreed to re- schedule the session for
40 Wednesday, December 22nd at 6:00 p.m.
41
42 Commissioner Sherar then said that the workshop scheduled
43 for Wednesday, December 29th will not be moved.
44
45 Vice Mayor Palmer said that there were a lot of questions
46 posed to the Commission tonight and that she will be taking them
47 to the City Manager in an effort to find some answers and that
48 _ she will not forget about it. She thanked everyone for
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1 participating in the meeting; some people still appear to be mad
2 but we need to work at that, she said. She then said that it was
3 a good meeting, it was her first in the `hot seat' and that she
4 did the best that she could.
5
6 There being no further business to come before this Body,
7 the meeting adjourned at 11:13 p.m.
8
9 Approved
10 Attest
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13 Maria M. Menendez Mary Scott Russell
14 City Clerk Mayor
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2 3 J: \My Documents \minutes \12.07.04 Minutes.doc
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