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HomeMy WebLinkAboutCC 2003-05-01 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 1st day of May 2003, the City Commission of Miami, Florida, met at its regular meeting place City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 3:12 p.m. by Chairman Winton with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Chairman Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado (District 4) Absent: Vice Chairman Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Victor Monozon Aguirre, Assistant City Manager Joel Maxwell, Deputy City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk May 1, 2003 1. WITHDRAW CONSIDERATION OF: PROPOSED ORDINANCE TO AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "CONSERVATION" TO "RECREATION" AT 1815-1825 NW SOUTH RIVER DRIVE; AND PROPOSED ORDINANCE TO CONSIDER AMENDING PAGE NO. 25 OF ZONING ATLAS OF ORDINANCE NO. 11000, BY CHANGING ZONING CLASSIFICATION FROM CS CONSERVATION TO PR PARKS AND RECREATION SOUTHEAST PORTION OF SEWELL PARK AT 1815-1825 NW SOUTH RIVER DRIVE. WITHDRAW CONSIDERATION OF PROPOSED ORDINANCE TO AMEND ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, BY AMENDING SECTION 401 SCHEDULE OF DISTRICT REGULATIONS, IN ORDER TO MODIFY R-3 MEDIUM DENSITY MULTIFAMILY ZONING CLASSIFICATION TO ELIMINATE CERTAIN SPECIAL CONDITIONS RELATED TO CLINICS AS CONDITIONAL PRINCIPAL USES WITHIN THAT PORTION OF R-3 ALONG BRICKELL AVENUE BETWEEN SOUTHEAST 15TH ROAD AND SOUTHEAST 26TH ROAD. Chairman Winton: My apologies to all of you, I know you got here for a 3 o'clock meeting, it's almost 3:20, and it is not the fault of anyone in here except me and with my broken leg I'm a lot slower at things than I ever thought I would be in the past so, again, my apologies for delaying you all. We will now get this planning and zoning meeting underway. Commissioner Sanchez, if you don't mind, can you do the invocation and Commissioner Regalado the pledge. An invocation was delivered by Commissioner Sanchez, after which Commissioner Regalado led those present in a pledge of allegiance to the flag. Chairman Winton: Madam Clerk, I would like to pull Item 14 and 15 if you don't mind please. Are there any other items that anyone would like to defer at this moment? Yes sir, Mr. Manager? Victor Monzon-Aguirre (Chief of Neighborhood Services): Mr. Chairman, we'd like to withdraw Item 16 and 17 on the agenda. Chairman Winton: What did you say you want to do? Mr. Monzon-Aguirre: Items 16 and 17. Chairman Winton: Deferred? Joel Maxwell (Deputy City Attorney): No, he wants to withdraw those. Chairman Winton: Oh, withdraw. Mr. Maxwell: With the Commission's consent. It would require a motion and a vote. Mr. Chairman, when you said you -- I need clarification on your intent on 14 and 15. Did you say defer? I'm sorry, I did not under -- 2 May 1, 2003 Chairman Winton: No, I did not. Mr. Maxwell: You said withdraw it? Chairman Winton: Right. And 16 and 17 you're withdrawing, Mr. Manager? Mr. Monzon-Aguirre: Yes, we are. Chairman Winton: OK. Did you say we needed a motion on that, Mr. City Attorney? Mr. Maxwell: Yes sir. Who's the applicant -- is the City the applicant on 14 and 15? Commissioner Gonzalez: Yes. Mr. Maxwell: You need motions, yes, sir. Chairman Winton: OK. Commissioner Gonzalez: OK, so move. Move to withdraw 16 and 17. Chairman Winton: Got a motion on -- need a second. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second on 16 and 17. Discussion? Do we have to hold a public hearing on withdrawing? Mr. Maxwell: No, sir. Chairman Winton: OK, so, motion on 16 and 17. Discussion? Being none all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. 3 May 1, 2003 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-401 A MOTION TO WITHDRAW CONSIDERATION OF: • PROPOSED ORDINANCE ON FIRST READING TO AMEND ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FROM "CONSERVATION" TO "RECREATION" AT APPROXIMATELY 1815-1825 NW SOUTH RIVER DRIVE; AND • PROPOSED ORDINANCE ON FIRST READING TO CONSIDER AMENDING PAGE NO. 25 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM CS CONSERVATION TO PR PARKS AND RECREATION SOUTHEAST PORTION OF SEWELL PARK AT APPROXIMATELY 1815- 1825 NW SOUTH RIVER DRIVE. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Regalado: Excuse me, was this a time certain? I think it was. Chairman Winton: 16 and 17? Commissioner Regalado: Yeah. That's Sewell Park. Mr. Maxwell: Yeah, but you can do it now. You can withdraw it now. Commissioner Regalado: No, I understand that, but I've gotten some emails that people were saying the time certain was 6 p.m. I'm just saying, in case they show up. Chairman Winton: You. Commissioner Gonzalez: It's been withdrawn so -- Chairman Winton: OK, anything else there? 4 May 1, 2003 Mr. Maxwell: 14 and 15. Chairman Winton: Do we need a motion on 14 and 15? Mr. Maxwell: Yes, sir. Who's the applicant on that one? Lourdes Slazyk (Planning and Zoning Department): 15 is the Grovenor Major Use Special Permit and -- Chairman Winton: Oh, that's not what I'm trying to do. I'm sorry, this is withdrawn on my sheet so -- Ms. Slazyk: 14 was the clinics and art three on Brickell Avenue. Chairman Winton: Hold on. I'm not doing anything with Grovenor so that doesn't -- hold on one second. I have a note here somewhere, 14 -- it isn't 14 and 15, it's only 14. Mr. City Clerk is the one that I want to withdraw. Sorry about that. So, you said we need a motion on that? Mr. Maxwell: Yes, sir. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion? Being none all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-402 A MOTION TO WITHDRAW CONSIDERATION OF PROPOSED ORDINANCE ON FIRST READING TO AMEND ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401 SCHEDULE OF DISTRICT REGULATIONS, IN ORDER TO MODIFY THE R-3 MEDIUM DENSITY MULTIFAMILY ZONING CLASSIFICATION TO ELIMINATE CERTAIN SPECIAL CONDITIONS RELATED TO CLINICS AS CONDITIONAL PRINCIPAL USES WITHIN THAT PORTION OF R-3 ALONG BRICKELL AVENUE BETWEEN SOUTHEAST 15TH ROAD AND SOUTHEAST 26TH ROAD. 5 May 1, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 2. TABLED: APPEAL OF ZONING BOARD DECISION OF SPECIAL EXCEPTION TO ALLOW PRIMARY SCHOOL OF 150 STUDENTS (see #13). Angel Morales: Yes sir, I'm asking for a continuance on PZ Item number 3. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ 3 and 4 are actually companion items. They're appeals on special exception to allow primary school of 150 students with joint parking facilities for contiguous uses. Chairman Winton: And who are you representing? Mr. Morales: I'm representing the residents of Buena Vista which unfortunately were supposed to be here last week when the meeting was originally scheduled for, but them it was moved to the first and a lot of them asked to have the 2e off. Unfortunately, we tried to get the time certain for 6:30 today, but seeing that the items are going to go by fast we couldn't get that and a lot of them wont be able to get out of work until about 5 or 6. Priscilla A. Thompson (City Clerk): I'm sorry, Commissioner, we need this man's name and address for the record. Chairman Winton: You know, I'm still don't -- I'm still functioning at half firing capacity here, my apologies. We need your name and record -- Mr. Morales: My name is Angel Morales -- Chairman Winton: -- name and address for the record. Mr. Morales: -- I live at 4024 Northwest 5th Avenue. Chairman Winton: And your name is what? Mr. Morales: Angel Morales. 6 May 1, 2003 Chairman Winton: Thank you. Well, it seems there's a lot of people in the audience I think, here also for this Item so, I'm not sure how we ought to go about this. Yes, sir. Ringo Cayard: My name is Ringo Cayard, Haitian American Foundation. We are here with the members of the church. We would definitely not like to defer since this had been going on for many, many months and the church people are there. Every single one of us left our jobs to make sure we came at the right time to hear this. Chairman Winton: OK, it seems to me then that if the people who want to speak -- are the people here -- in principally -- can I ask this question in favor of -- can I ask that question? Mr. Cayard: The people in favor would you rise up please. Chairman Winton: They don't need to rise, I'm just asking a general question, so, but, the people who are in opposition who you represent can't get here until after five, so I think what we ought to do is try to move this item to the back of the agenda so that we give the other folks an opportunity to speak. If we end before five, we're just going to I guess, go forward. So, I think we will not postpone this to another date since the room is full, but we will try to give the other folks an opportunity to get here and move it to the end of our agenda. Mr. Cayard: OK, that's fair, if it's OK with the church members. Is it OK to do it after 5 o'clock? Chairman Winton: I think, they don't get to vote. Mr. Cayard: After 5 o'clock the Commission and the Chair will hear. 3. CONTINUE CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT FOR GROVENOR PROJECT, TO BE COMPRISED OF RESIDENTIAL TOWER AT 2610 TIGERTAIL AVENUE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003. Chairman Winton: Tucker, you have something that you wanted to -- Tucker Gibbs: Yeah, my name is Tucker Gibbs, offices at 215 Grand Avenue. I represent the Coconut Grove Civic Club in the Grovenor matter. We are the opponents. It's my understanding that Lucia Dougherty, who represents the Grovenor is going to be asking for a deferral. I just wanted to say that we did not object to that deferral but she's not here to ask for it formally, so I just wanted to let you know. Chairman Winton: Did we get a letter? Can we acknowledge the letter? Joel Maxwell (Deputy City Attorney): Is there a letter from Ms. Dougherty? If there's a letter, it should be submitted into the record. Could we read that letter into the record, please? Mr. Gibbs: I don't have it with me. 7 May 1, 2003 Chairman Winton: Do you have it? Hand it to the Clerk, please. Anybody got it? Commissioner Gonzalez: I'm going to get it. Chairman Winton: OK, so, we'll go get it and bring that up. Mr. Gibbs: Do you want me to read it into the record because I have it here? Chairman Winton: Do you have it? Mr. Gibbs: Yeah. Chairman Winton: Sure. Mr. Gibbs: It's dated April 29th to "The Honorable Johnny L. Winton. Re: PZ Item 15, the Grovenor House, MUSP (Major Use Special Permit) approval. Dear Commissioner Winton, as the Attorney for the above referenced project, I write this letter to advise you that I will be requesting a continuance of the above referenced matter on to the May 22, 2003 City Commission meeting. The reason for this request is that several of our neighbors including the president of the Grovenor condominium association are not able to attend this meeting. I spoke with Mr. Tucker Gibbs about this matter and he has no objection to it. Sincerely, Lucia A. Dougherty." Chairman Winton: And we have a copy that we just gave to the Clerk. Mr. Gibbs: OK. Chairman Winton: So, do we need a motion? Mr. Maxwell: Yes, sir, and we need it -- is that for a time certain? Mr. Gibbs: Yes, thank you very much. Could we have it a time certain at 5:30 as this one was. Chairman Winton: Sure. Commissioner Sanchez: So move with the time certain. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 8 May 1, 2003 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-403 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE GROVENOR PROJECT, TO BE COMPRISED OF A RESIDENTIAL TOWER, WITH NOT MORE THAN 151 UNITS WITH ACCESSORY RECREATIONAL SPACE AND APPROXIMATELY 409 PARKING SPACES AT APPROXIMATELY 2610 TIGERTAIL AVENUE TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003, WITH A TIME CERTAIN OF 5:30 P.M Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Mr. Maxwell: On the 22nd Mr. Gibbs? Chairman Winton: What date, Mr. Gibbs? Mr. Gibbs: May 22nd Chairman Winton: Is that a P and Z Item? Mr. Maxwell: It's a P and Z agenda. Chairman Winton: OK. Commissioner Sanchez: We just did a motion. Chairman Winton: We just did a motion. Mr. Maxwell: It didn't include the date. Chairman Winton: Yes, it did. Commissioner Sanchez: Yes. 9 May 1, 2003 Chairman Winton: He said the date, I heard him say it I just didn't remember, so the fact that you didn't hear it, is irrelevant. Mr. Gibbs: Thank you. Chairman Winton: Thank you very much. This is a public hearing do you want to swear in all of the witnesses, Madam Clerk? AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Chairman Winton: Now, can I get clear again, I know I was sitting up here listing to all of this, which items now are off this agenda? Lourdes Slazyk (Assistant Director, Planning and Zoning Department): 14, 15, 16, and 17. Chairman Winton: Got it. Ms. Slazyk: And we're moving 3 and 4 to later in the evening. Chairman Winton: Got it, OK. 4. APPROVE, WITH CONDITIONS, MAJOR USE SPECIAL PERMIT (MUSP) FOR UNIVERSITY OF MIAMI CLINICAL RESEARCH BUILDING AND PARKING GARAGE PROJECT, TO BE COMPRISED OF 15 -STORY OFFICE BUILDING ADJACENT TO TWO- STORY WELLNESS CENTER ON TOP OF 11 -STORY PARKING GARAGE WITH 1,410 PARKING SPACES AT 1150 NW 14TH STREET (Applicant(s): University of Miami). Chairman Winton: So, we can start with one. PZ Item 1. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Thank you, for the record, Lourdes Slazyk, Planning and Zoning Department. PZ -1 is a major -use special permit for the University of Miami Clinical Research Building and parking garage at 1150 Northwest 14th Street. This is going to be comprised of a 15 story office building with a two story wellness center and an 11 story parking structure with about 1,410 parking spaces. The office building will have approximately 396,000 square feet. The project was recommended for unanimous approval by both the Zoning Board and the Planning Advisory Board. It is a very well designed structure. It is within the Civic Center complex of medical uses. It's been reviewed by the Large Scale Development Committee and the Design Review Committee and recommended for approval. The Planning Department recommends approval with the conditions in your package. Chairman Winton: Is there opposition to this project in the audience by the way? Anyone in opposition to PZ -1? OK, thank you. I have a couple of questions if I may? Were you saying something? OK, there are conditions in here. Conditions three, four, and five. Condition three 10 May 1, 2003 seems odd to me. Is that condition is all of our MUSP (Major Use Special Permit) approvals? Conditions four and five seem redundant. I thought that fire reviewed the plans -- Ms. Slazyk: Yeah, that's why it says obtain approval from or provides a letter. The Fire and Solid Waste do review them at time of building permit. The reason those two are in here along with the Police Department is because they are parts of the Large Scale Development committee and when the projects first come in for the large scale development review these departments offer comments and input and if applicable when they come in for a building permit, we want to see if they complied with those kinds of comments, so it's a standard condition because upfront those are the groups that reviewed for technical concerns. Chairman Winton: So, everyone of the MUSPs we've approved since I've been a Commissioner those three paragraphs have been in all of these as conditions? Ms. Slazyk: Yeah. Chairman Winton: That's to show you how observant I am, that's pretty bad. OK, it's in your District so, we don't have to have them -- Commissioner Gonzalez: Mr. Chairman, if we don't have opposition I'd like to move the approval of this project. Chairman Winton: Do we have a -- Commissioner Sanchez: Second. Chairman Winton: Motion and a second. This is a public hearing. Anyone from the public like to speak on PZ Item number 1? Anyone from the public like to speak on PZ -1? Being none, we'll close the public hearing. We have a motion and a second for approval of this. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 11 May 1, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-404 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 4, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE UNIVERSITY OF MIAMI CLINICAL RESEARCH BUILDING AND PARKING GARAGE PROJECT, TO BE LOCATED AT APPROXIMATELY 1150 NORTHWEST 14th STREET, MIAMI, FLORIDA, TO BE COMPRISED OF A FIFTEEN STORY OFFICE BUILDING ADJACENT TO A TWO STORY PARKING GARAGE WITH APPROXIMATELY 1,410 PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Fabulous looking building, by the way. Thank you. Unidentified Speaker: Thank you, sir. Welcome back. 12 May 1, 2003 5. CONTINUE CONSIDERATION OF PROPOSED CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE PORTION OF PUBLIC RIGHT-OF-WAY AT NW 7TH STREET BETWEEN NW IST COURT AND METRORAIL RIGHT-OF-WAY TO COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003. Chairman Winton: PZ -2. Pricilla A. Thompson (City Clerk): Excuse me Chairman, I'm sorry to interrupt you, but I wanted to make sure that everyone here understood our concern about being sworn in. I have the Creole interpreter here. I think some people didn't stand -- Chairman Winton: Great. Ms. Thompson: -- if the Creole interpreter could please come forward for me. What I need you to explain to them that if they're here to speak on any Item that's on the agenda I need them to stand so they can be sworn in. Guylene Berry: (Translation in Creole) Chairman Winton: OK. Ms. Thompson: Thank you. Chairman Winton: Thank you. PZ -2. Victor Monzon-Aguirre (Chief of Neighborhood Services): Commissioner, if I may interrupt, on PZ -2, since Commissioner Teele had deferred this item from a previous meeting. He's not present. I wish could we ask this to be later on in the meeting to see if he does appear to discuss this item. Chairman Winton: I think that's a great idea. So, we'll -- Commissioner Sanchez: Mr. Chairman, it's my understanding he's not going to be here. Chairman Winton: Yeah, I mean, he did send a letter in and saying that he is ill, and I apologize also, I should have put that on the record so that the public knows. Commissioner Teele did send in a letter stating that he is ill and he said he would be willing to get out of bed and trudge in there if there wasn't a quorum just so we could continue with the deliberations, but we have a quorum so it's not required, so I think he is -- Commissioner Sanchez: What is your wish, Mr. Chairman? Chairman Winton: I'm sorry. Commissioner Sanchez: What is your wish on the -- 13 May 1, 2003 Chairman Winton: I think we ought to defer. Mr. Monzon-Aguirre: May I suggest that we defer to the next Commission meeting? Chairman Winton: Yes. We don't need a motion on that, do we, Joe? Mr. Monzon-Aguirre: So we can move this process along. Chairman Winton: We need a motion to defer to the next Commission meeting? Commissioner Sanchez: Yes. Chairman Winton: OK. Commissioner Gonzalez: Move number -- Chairman Winton: I mean to the May, to the next PZ -- Ms. Slazyk: May 22nd Chairman Winton: May 22nd? Commissioner Gonzalez: Motion to move -- deferral to May 22nd Commissioner Sanchez: Second. Chairman Winton: Got a motion and second. Discussion? Being none, discussion? Being none all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-405 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE PORTION OF A PUBLIC RIGHT-OF-WAY AT NW 7TH STREET BETWEEN NW 1sT COURT AND METRORAIL RIGHT-OF-WAY TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003 14 May 1, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: 3 and 4 we're going to move to the end of the afternoon. 6. DENY APPEAL OF VARIANCE TO ALLOW SIDE YARD SETBACK OF 1.73' (5'-0" REQUIRED) FOR TWO FAMILY RESIDENCE AT 54 NW 34TH STREET (Applicant(s): Candido & Hilda Cruz, Owners). Chairman Winton: PZ -5. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -5 is an appeal from a variance that was -- the Zoning Board approved a front yard setback variance but did not approve the side yard setback variance, so this is an appeal from the denial of the Zoning Board. The Planning and Zoning Department is recommending denial of the appeal and denial of the variances finding that is after -the -fact construction. The additions as constructed could accommodate more than the permitted two dwelling units, it would allow the lot to the developed in the manner that is inconsistent with the area and there is not hardship to justify this, it is a self imposed hardship. Therefore, we recommend denial. Chairman Winton: Yes ma'am, sir, ma'am. Need your name and address for the record. Clara Fernandez: Good evening. My name is Clara Fernandez, 3742 West 12th Avenue and this is Mr. Cruz. Candido Cruz: I'm Mr. Cruz from 54 Northwest 34th Street. Chairman Winton: Do you live in this house? Does the owner live in the house? Joel Maxwell (Deputy City Attorney): Excuse me, ma'am, can you speak into the microphone. Ms. Fernandez: No, I don't live on the house. Chairman Winton: I'm sorry. Ms. Fernandez: I do not live on the house. 15 May 1, 2003 Chairman Winton: But you own the house? Ms. Fernandez: No sir, I'm speaking in behalf of Mr. Cruz. Chairman Winton: Does Mr. Cruz live in the house? Ms. Fernandez: No, sir. Chairman Winton: Where does Mr. Cruz live? His address? Ms. Fernandez: (Speaking Spanish) Mr. Cruz: 12770 Northwest 104 Avenue. Chairman Winton: Thank you, OK. Ms. Fernandez: The reason why we came in front of the board is because we don't agree with one of the decisions of the previous board. The construction that they want us to demolish and move back five feet, it used to be a carport -porch with permits and if you see the records on the tax card, that structure was with permits. When he bought the property, he bought it as a three- plex. Due to all of this that he found out that it was done illegally he removed one of the units. He already have two units he's staying -- he bought us a three-plex now going down to two. We tried to explain to the board that it was impossible for him to move an existing structure that was done with permit which was left at that time and set back one point seventy-three, move it to accommodate the actual five feet side setback. I have a letter from engineer that he went by the property and he did a study of -- if you want to review the letter, of what happen if you move the wall five feet, means they have to do new footing, new wall and to redo the roof. OK, all he's asking is just to keep the duplex as it is. The construction is it's going to legalize the front carport that the people that did enclose in the porch is going to legalize all of that and I think it's unfair for him to ask him to move the wall five feet when it was already done like that. They told us either remove it or open everything and go back to a carport. Chairman Winton: Do we know who enclosed the carport? Ms. Slazyk: When the enclosures -- when things are done without permits you really can't tell who or when it was done. Unfortunately, when people buy and sell properties they buy it in those conditions and you don't really know until they either come in for another permit or code enforcement catches them for some other reason. Chairman Winton: So, we don't have any evidence that -- Ms. Slazyk That they did it. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. 16 May 1, 2003 Commissioner Sanchez: You know that's a very common thing years ago in this City. Especially people that may not know exactly how the process works when you buy the property and they get scammed in to buying these properties and somehow they're not informed that they may have something illegal on the property. However, now, I'm a little concerned here with one thing. Planning and Zoning Department recommended denial of the appeal and denial of the variance, however, the Zoning Board approved the front yard setback. Ms. Slazyk: Yeah, the front yard was on point three eight feet. Commissioner Sanchez: Right. But the other, the side one is the one that really would require you to demolish whatever you bought or built illegally in your property, but to get to my point is that you know, we -- Miami's changing and I know that sometimes you know, it hard for someone to tear something down because they built it or they bought it like that but really when we do these things now we're really focusing on changing our City and turning our City into a first class City. We can't continue to downgrade our neighborhoods and by supporting your variance here, you know, we have to draw the line somewhere and I'm very sympathetic to you, sir, because you're an elderly person probably you know, you make an income off that property, it's a big difference you don't live in that property, you're a renter. Well, you used to but you don't live there anymore and now you're generating revenues from that house when you don't live there. Chairman Winton: He use to live in it? Commissioner Sanchez: And that's also something that I have great concern for. I'm just saying that you know, we have to play by the rules here in the City and you know if we allow you to do that then what's going to happen to everyone out there will come in front of this Commission on a PZ item to try to get their stuff not torn down. However, saying that, I think that the City needs to take a proactive step and try to provide all types of assistance to people that have -- that find out that they have illegal units or one way or the other whether you find out through an expansion or you find out through code violations to try and find ways to help you resolve your problem and I know that there is an amnesty in the City of Miami for one time it think it expired but there was a time that you could basically go to the City. The City inspector say look I have an illegal unit and they will work with you on certain things. The other thing is, I don't see the hardship here. The hardship here you've created yourself, whether you built that addition or you bought it the way it is, so I'm very sympathetic to your cause but I really can't support you on this issue. Ms. Rodriguez: OK, I would like to say that one, he bought it because it was in a duplex zone that's my understanding and he's not changing the zone of the neighborhood he's keeping the zone. He bought as a three-plex and already downgraded down as a duplex OK, he's still paying the value of a three-plex but he down graded down to a duplex. Commissioner Sanchez: Is that -- 17 May 1, 2003 Ms. Rodriguez: What he's doing also, the building he have the shape as when he bought it. What they did they enclosed the walls of the carport. That's what they did so they could make it a duplex and the porch. He's not adding nothing to the property. There are some areas that were like added to, he already demolished done all this and he's also going to demolish, so he's going to go back to the space of the building, he's not adding to the building. Commissioner Sanchez: Would you be forced to tear down the entire addition or just a portion of it and make it fall within compliance? If you have to tear down a wall and maybe move it four or five feet you know -- Ms. Fernandez: You going to lose the carport. If you do what they're saying for us to do, you cannot use the carport because the carport is eight feet and if you move five then it's better for him to demolish the whole thing. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Let me ask you, what is enclosing into the setback? A porch or the house itself? Ms. Slazyk: The piece that they enclosed in now part of the house. So, it's a piece of the house that was enclosed. As a carport it was legal, but when it was enclosed that was done without permit. Commissioner Gonzalez: OK, in the tax card, what is originally in the tax card? Ms. Slazyk I don't think I have the tax card. Ms. Fernandez: I have the tax card. Chairman Winton: Well, could you give that to her please? Ms. Fernandez: (INAUDIBLE) this what we're trying to legalize. Ms. Slazyk In the front of the house there was a porch and then the carport which now is completely enclosed. Commissioner Gonzalez: You almost answered my question, so actually what encroaches is the addition that they build to the right of the house, right? Ms. Slazyk: Yes. Commissioner Gonzalez: That's encroaching? Ms. Slazyk: That's what encroaches. 18 May 1, 2003 Commissioner Gonzalez: (UNINTELLIGIBLE) Ms. Fernandez: Sir, it was not an addition, It was built originally with the house. Ms. Slazyk: It was a carport but was enclosed. Chairman Winton: It was a carport not a portion of the house. Ms. Fernandez: It was a carport that was enclosed in nineteen forty something. Chairman Winton: I understand. Commissioner Gonzalez: It was a carport, it was enclosed and that's illegal. That's illegal you encroaching on the neighborhood -- on your neighbors. Chairman Winton: Let me see if there's anyone else from the public. Is there anyone else -- this is a pubic hearing. Anyone from the public want to speak on PZ -5? Anyone else from the pubic on PZ -5? I'd like to close the public hearing on PZ -5. We need a motion. Commissioner Sanchez: The motion would be to accept -- Ms. Slayzk: Deny the appeal? Mr. Maxwell: Deny the appeal and accept the decision of, affirm the decision of the Zoning Board. Commissioner Sanchez: Yes, that's the motion. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second to deny appeal and accept the recommendation of the Zoning Board. Any further discussion? Being none all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. 19 May 1, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-406 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY APPROVING THE GRANT OF A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A FRONT YARD SETBACK OF 19.62' (20'0") FOR A TWO-FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 54 NORTHWEST 34th STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: And I'd like to make a comment about this on the record and Commissioner -- it's to echo what Commissioner Sanchez said but it's the most important point. Folks who buy real estate in the City of Miami need to make sure they look and it's clear that you guys have looked at the tax card, recognized that originally that was a carport not an enclosed portion of the house, excuse me, and buyers of real estate in the City of Miami need to make sure they do appropriate due diligence to understand what they're buying before they buy it. In the old days of just kind of ignoring the fact that so many people because this government didn't pay attention to things for so long and people built many illegal units which has really help destroy many of our neighborhoods you know the days of turning a blind eye to that are now gone. This isn't directed at you because we've already voted. This is directed at all the people who watch Net 9 (Government Access Television Channel) and anybody else in the audience. If you're going to buy real estate in the City of Miami we encourage you to do it. We're going to make sure that neighborhood values go up. We're going to do everything in our power to make your neighborhoods better and we're going to do everything in our power to make sure that we don't allow the kind shenanigans that went on for so long to continue in this City and this is an example that you will see more and more of. Commissioner Gonzalez: Mr. Chairman. 20 May 1, 2003 Chairman Winton: Yes, sir. Commissioner Gonzalez: Just a note, I remember that I had a meeting with Building -- I think it was Building and Planning and Zoning, the City Attorney's office and I can't remember who else was in that meeting, because in reality we have a problem. Chairman Winton: Absolutely. Commissioner Gonzalez: And as a member of, an ex -member of the Code Enforcement Board, I saw cases that really broke my heart because people out there buy these homes without knowing that they're buying illegal construction and illegal additions and illegal and you know and they invest their money and then one day a neighbor complains or somebody passed a complaint or an inspector goes by and find out that there is a violation and the person that didn't have anything to do with that violation or with that addition ends up paying the fines, ends up demolishing the property and end up with all the cost and I suggested at the time that we should establish a system that anybody that is going to buy a property within the City of Miami have to go to a process and even if need be, we charge a fee for that, but make sure that the person -- before the person buy it comes in the City and get a certificate that the property is in compliance, because in my neighborhood, two blocks away from my house, there was a gentleman that was trying to sell a house which was advertised by a realtor on the newspapers as a commercial property, 18 bedrooms and 17 bathrooms. The house is in an R-1 zone, and you got 17 different people living in that house OK. That case has been going on and that's another problem, Mr. City Attorney, that we have that we going to need to sit down and talk to the code enforcement board people or to the City Manager or whatever, we need to expedite those cases, because this particular case Mr. Chairman, has been going on for the last seven years and just recently, two weeks ago, this gentleman started to demolish what he built. In this case it wasn't that somebody else build the house and this gentleman came in and bought it like that. No, no, this gentleman did it himself OK, but he converted a single-family home in a residential area into a rooming house. Chairman Winton: Didn't I see something where we are in fact moving and isn't there something in the works to do or did I read somebody was recommending we do what Commissioner Gonzalez recommended? Mr. Maxwell: We are working on that. Chairman Winton: We are? Mr. Maxwell: Yes, sir. Chairman Winton: Explain. Mr. Maxwell: Commissioner Gonzalez is correct. In fact, he attended a meeting in our office I think at the beginning of the year on that very issue. There are several municipalities in Dade County that have ordinances that address issues of that type. City of Hialeah has one. I think 21 May 1, 2003 North Miami or North Miami Beach and a couple of other cities have ordinances of that ilk, not exactly the same. Chairman Winton: Right. Mr. Maxwell: And we are looking at adopting an ordinance -- presenting an ordinance to you that would address that issue. Chairman Winton: And how long would that take you to get it here? Mr. Maxwell: We hope, well, I can't tell you exactly where it is now, but I would imagine that it should be before you in the next 90 days. Chairman Winton: We like that. OK, thank you. Ms. Fernandez: May I ask you something pertinent to the decision? Chairman Winton: Yes, ma'am. Ms. Fernandez: Because the carport on the other board they said we can keep the carport open, OK, they can keep the carport open -- Chairman Winton: I think that's correct. Would you answer -- Ms. Slayzk: Because it matching your tax card, that much was legal. Chairman Winton: You can keep the carport. You can take the surrounding wall down, and keep that as a carport. Is that not correct? Ms. Slayzk That's correct. Ms. Fernandez: OK, the other thing that I really would like to clarify here is that when he brought the property he bought it as -- Chairman Winton: Hold on, would you meet -- do you have somebody that could meet with her and discuss these issues? Ms. Fernandez: No, no, it's something for you guys to think about it. People are buying property because the realtors are telling them that what the taxes that they are paying makes the property legal. Chairman Winton: Right. I don't know if you heard this just now but we are going to within 90 days, and ordinance will come before this Commission that's going to require all people who are buying a property to come to the City and get -- Ms. Slazyk: A certificate of compliance. 22 May 1, 2003 Chairman Winton: -- a certificate that says this house is in compliance or not. That way, unsuspecting buyers can't get cheated in the future at all. Ms. Fernandez: Yeah because that's what just happened to him long time ago like 30 years ago and now he's paying for -- Chairman Winton: Right. Ms. Fernandez: -- for what happened before. Chairman Winton: And so, that is coming in 90 days and you know, I feel bad and we all feel bad, but we can't turn a blind eye to this kind of thing because it does deteriorate neighborhoods. Thank you. 7. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 2264 SW 7TH STREET (Applicant(s): Diego Duran and Ana Quintero, Owners). Chairman Winton: PZ -6. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -6 and 7 are companion. This is second reading, land use and zoning change. Property is 2264 Southwest 7tH Street from single-family residential to restricted commercial, recommended for approval by the Planning and Zoning. PZ -6 was recommended denial by the Planning Advisory Board due to not obtaining the required five favorable votes. It was a 4-2, and it was passed on first reading by the Commission February -- March 27tH Chairman Winton: This is a public hearing. Anybody like to speak on PZ -6, anyone from the public PZ -6? Yes, sir. Diego Diaz: My name is Diego Diaz, 1215 Fair Lakes, apartment 1007, Weston, Florida 33326, and I agree with the lady. Chairman Winton: Thank you very much. Mr. Diaz: Thank you. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Sanchez: Sir, what is your intent with that property? What do you intend to do? 23 May 1, 2003 Mr. Diaz: OK, the idea is this is the only house in that block, it's only residential and try to become commercial like up to (UNINTELLIGIBLE) another office doctor or lawyer offices or something like that. Maybe can benefit for the people around -- Commissioner Sanchez: Are we -- we're not focusing on an adult living facility or any type of housing -- you know, I want because the dog's bitten me once on this issue and it's not going to bite me again in my district, so I want to make sure that when you do this conversion, you're not going to put there an ALF (Adult Living Facility) or a house for you know, mentally ill or -- Mr. Diaz: No, sir, never, no. Ms. Slazyk: Anything like that would need a special exception anyway, so even if you get a change of zoning he can't do that without coming special exception with City Commission approval. Mr. Diaz: I would have to come back. Ms. Slazyk: Yes, comes back to you. Chairman Winton: Could I ask another question? I don't understand if we're approving this which seems to me to be -- I know you're going to tell me it isn't, but it's sure it looks an awful like spot zoning -- Ms. Slazyk Right. Chairman Winton: -- and I'm sure you're going to say it isn't but given your rationale for doing it, why aren't we rezoning all of Southwest 7th Street. Ms. Slazyk Seventh I think we need to look at. This came up at the Planning Advisory Board. I think something like a neighborhood conservation district is where we should go with Seventh Street. Chairman Winton: OK. Ms. Slazyk This particular block, just so you'd know, this piece of property the property right next door has already been changed to commercial. The rest of this block has that SD -12 overlay and it's all commercial parking lot for the uses on 8th Street, so as a single, this is the last single- family residence on this block. It really can't work as a single-family residence surrounded by commercial. Chairman Winton: I agree. Ms. Slazyk That's why we recommended approval, but Seventh, we need to look at a different kind of solution for, I don't think a wholesale change to commercial is the answer. Chairman Winton: Yes, sir. 24 May 1, 2003 Commissioner Sanchez: Well, I happen to disagree with you on that issue and I'll tell you why. If you look at 8th Street from 4th Avenue to 27th Avenue and we've done it in the past here. El Dorado was changed and a lot of these businesses, Pep Boys was changed. If you look at that business corridor completely, those residentials can be changed to commercials as long as it's mixed use, when you have commercial on the bottom and housing on the top. I mean, we're going to talk about urbanism and we're going to focus on making this city a first class city, I am prepared and I've said it on the record that as a Commissioner for that area I'm prepared to change all that to commercial so, you know, the only concern that I have with this is that right now he's going to change it to commercial, but my concern is we do have a special overlay ordinance that protects that corridor from bringing in unwanted businesses to the area, but the future plan or master plan of that area and we've had several master plans conducted in the past that are in some shelves collecting dust, but the future of that whole corridor to the best of my ability and of course through the understanding and expertise of the City is to be commercial completely focusing on one aspect, commercial, housing, and adequate parking for the entire, for that entire -- so, I don't even have a problem changing it to commercial. My only concern is that I didn't want someone to sneak it through the back door being that it's not 8th Street that it's 7th and then they pop up creating one of these adult living facility and you know, you say it doesn't happen, but Johnny, my fellow colleagues, we have been surprised here before and it's that element of surprise that I don't like, so I just wanted to put that on the record and I support the changing of the zoning to commercial, but I want to put in there that whatever guard that I can any kind to make sure that it doesn't happen. Chairman Winton: OK, great. OK, we need -- did I open and close the public hearing? I opened it because you came up. Did I close it? Commissioner Gonzalez: You opened it. You haven't closed it. Chairman Winton: Madam Clerk? Commissioner Sanchez: You have not closed it. Chairman Winton: OK, anyone else from the pubic like to speak on PZ -6? Being none, we'll close the public hearing. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second on second reading of PZ Item 6. Any further discussion? Being none all in favor, "aye." Joel Maxwell (Deputy City Attorney): Read the ordinance. Chairman Winton: What? 25 May 1, 2003 Mr. Maxwell: Read the ordinance sir. Chairman Winton: Oh, it's an ordinance? Read the ordinance, please. Roll call. The ordinance was read by title into the public record by the Deputy City Attorney. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2264 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. The ordinance was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12358. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 8. SECOND READING ORDINANCE: AMEND PAGE NO. 34 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT 2264 SW 7TH STREET (Applicant(s): Diego Duran and Ana Quintero, Owners. Chairman Winton: PZ -7, companion Item to PZ -6. This is a public hearing. Anyone from the public like to speak on PZ -7? Being none, we'll close the public hearing. Need a motion. 26 May 1, 2003 Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Any further discussion? Being none, it's an ordinance. Read the ordinance. The ordinance was read by title into the public record by the Deputy City Attorney. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF Miami, Florida, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2264 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. The ordinance was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12359. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 27 May 1, 2003 9. CONTINUE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003, CONSIDERATION OF PROPOSED ORDINANCES TO: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, TO CHANGE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" AND AMEND ZONING ORDINANCE NO. 11000, TO CHANGE CLASSIFICATION FROM "R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL" TO "C-1 RESTRICTED COMMERCIAL." AT 544 N.E. 78 STREET. DIRECT MANAGER TO MEET WITH U.S. REPRESENTATIVE KENDRICK MEEK, POLICE CHIEF AND CHIEF OF NEIGHBORHOOD SERVICES TO DEVELOP PLAN TO RECLAIM QUALITY OF LIFE IN AREA WHERE IMMIGRATION AND NATURALIZATION (INS) BUILDING IS LOCATED. Chairman Winton: PZ -8. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -8 and 9 are companion land -use and zoning change for the property at 544 Northeast 78th Street, from medium -density multifamily residential to restricted commercial. This was recommended for approval by the Planning and Zoning Department and denial by the Planning Advisory Board. The approval is based on the fact that the property is surrounded by commercial. To the East, you have the commercial property it goes all the way to Biscayne Boulevard. Directly across the Street along 78th Street is commercial. This makes it difficult for this property to be developed in a residential manner because of being surrounded by commercial. The recommendation was for approval because with the restricted commercial category, the flexibility of the property to be used as mixed-use would increase and it might serve as a better buffer between the commercial and residential, so we recommended approval. Chairman Winton: Didn't we see this before? Ms. Slayzk: Yes, it was with a different applicant. I believe the property has since been sold and Mr. Ferro is now representing the new owner and he'll make a presentation. Simon Ferro: Good afternoon, Mr. Chair, members of the board, Simon Ferro at 1221 Brickell. That is correct, this has come to you before but no action has been taken because it was deferred the first time it came before you and in fact it's been deferred like three or four times afterwards. The time it did go before the Zoning and Planning Advisory Board were under a prior applicant, a prior owner. My clients were not even present at those meetings. I was not present, so, you know, as far as we're concerned and I know it's already gone twice, but it's the very first time that it comes before you. Let me give you a little bit of background and explain to you what we've tried to do to address some of the issues raised by several neighbors in the area. First of all, I'd like to point out where the property is. The property is a fairly small and narrow piece of property. This is Biscayne Boulevard. This is 79th Street. This is the INS (Immigration and Naturalization Services) building here. This is our property and we're next to what is commonly called I think Black Hole. It's right on -- we had bought that piece of property. We are fit, we are a very narrow piece of property. It's 50 by about 180 feet in depth. The property as 28 May 1, 2003 obviously you know the area, you can see it's completely surrounding by high intensity uses. Not only is this a very major intersection, but the impact of the INS building, which is right across the street from us -- we'll show you some pictures of what our front door looks like in a minute -- has a severe impact on this piece of property. Right now, there is an old two story 3500 square foot residential building. The property is zoned R-3 and this is basically what you have on the property now. This being Northeast 78th Street. This is the long narrow piece of property. You have a two story building here and parking in the front. The building is in very bad shape and it is currently vacant. If you are familiar with the property and I'll show you some pictures. This is our property back here and we're right across the street from the back of the INS building. On a daily basis the kind of activity and impact we have is basically what you have here, hundreds of people waiting in line, milling around. You see food trucks parked right across from our property and it is -- again, it is not conducive to residential use. Right across the street from us, this is looking from the interior of our -- this is our wall, the interior of our property. This is our eastern wall. You can see the parking here from the property next door to us. This is our front -- a low wall and this is the INS building right across the street. Again, this is our property. This is looking at our building from north to south, and if you look across the street from our building, again, this is what you see, just a lot of people waiting in line and a lot of pedestrian and vehicular activity that is not conducive to residential use. When I got involved with the application, it was after it had gone to both Planning Advisory Board and the Zoning Board. As staff has stated, they are in support of this application. We immediately asked -- I immediately asked who are the representatives of the neighborhood who have an interest in this property and I immediately called Eileen Bottari who I was told -- who is here today by the way, and I met with her and I met with Earl Lumus who's another neighbor in the area. We've tried to address all the issues that Eileen and Earl brought up. They're obviously concerned with setting a precedent and they're obviously concerned with what we're going to put on this property. What I've done and I just gave Eileen this document so, I do admit that she has not had a chance to look at it and I'm going to pass it out to you. We've put together a declaration of restricted covenants which severely limit the types of commercial uses that we can place on the property. Out of over 63 or 64 uses that are mentioned in your C-1 and those obviously also include anything under R-4 and anything under office. We have limited the uses that can be placed on this property to around ten types of uses. There's no retail operation, there's no food, no restaurant, no live entertainment. All we've done is we've taken the most possibly intrusive and most intensive uses under C-1 and we've completely eliminated them. We're limiting ourselves to financial institutions, clinics, studios, medical laboratories, those types of uses, school if there is a charter school, service establishments, photographic studios, interior decorators and the like, driving school agencies, printing which is incidental to a principal use like an architect office, auction galleries and the sale of antiques, a parking lot. There is a severe need for just an open parking lot in the area because people park on the street and any residential use or office use permitted under C-1. Our property is so small we can't have any office uses there to begin with because we need 20,000 square feet, so we are severely limited as to what we can do under C-1. We have eliminated and excluded from uses all of the conditional uses and all conditional accessory uses permitted under C-1. We can't do those under this covenant, which we just handed to Eileen, and in order to modify this agreement, we have to come back to you, so we believe we've addressed, we hope as many of the uses -- as many of the issues that we believe are legitimate issues. There's got to be a balance. This property is not suited for residential development. We're the property that is most impacted by the INS building, by the Biscayne 29 May 1, 2003 Boulevard, by intersection with 79th Street. We are a very narrow lot. We're right next door to a large use and we feel the impact. This property is not suitable for residential development and therefore that is why your professional staff is recommending approval of this application. Now, Eileen and Earl who I spoke to Earl yesterday and Eileen today they want more time to review this covenant. What I propose to them and what I propose to you is that you pass this as first reading. It's only first reading, so that we don't have to waste another 30 days in deferring it. We will continue to work together to try to address all the issues. Hopefully well come back with you know, support from Eileen and Earl. If not, then you know, it'll be up to you to try to you know, give us a reasonable solution to the issue, but what I would urge you to do, and knowing full well and with my commitment that I will continue in the next 30 days or when between and second reading continue to work with Eileen is for you to adopt this, pass it on first reading, so we don't have to basically wait -- have another 30 day delay. This has been continued four times already so, you know, based on those merits, which we believe are many, I would ask that the Commission approve the application on first reading, based on not only the staff recommendation but also accepting our proffered covenant which again would severely limit the number of uses and which we believe address the issue of creating a precedent because you're not going to be able to do whatever can be done under C-1. Thank you very much. If you have any questions, Mr. Chairman. Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Winton: Yes. Mr. Maxwell: Before you begin discussions on this item, I would like to recommend that with all respect to Mr. Ferro that if you want to continue this item, certainly you can and you can do so based on the first part of his request, that you can so base on the merits of their presentation, but I would ask that you not if you entertain a -- that you not entertain at this time the covenant that they gave you. Our office has not had an opportunity to review it. If I understand counsel correctly, the opponents just saw it. Is that correct? Mr. Ferro: That's correct. Mr. Maxwell: And it would not be proper for you to base any decision at that time on this document. It certainly could be part of your considerations, with a recommendation from our office, on second reading if this item got that far. Commissioner Regalado: Anyway, it doesn't have anything to do with the covenant. It's about the area. I think that the City of Miami has a lot of responsibility in the quality of life in that area. I didn't believe what I have been told so I went out to try to do a story on the INS building there and I had to go very early in the morning which was about 1:00 a.m. and at that time there already were people there because to get an appointment -- to get a number to try to get an appointment you have to be there probably two or three a.m. and then try to be lucky. In that place there were some people camping and doing some like barbecue or something like that to eat because some people do sleep there because then they sell their places in line to those who come late and there are people who make a living, so what I'm saying is there's no way that anybody can live in that building. It's very difficult. In fact, all that street behind INS building, 30 May 1, 2003 it's lively at 1:00 a.m. as it would be when we have a march in front of the INS building at 5:00 p.m. in the afternoon and you know, I understand that there is a need for many people to go to INS but the Police Department needs to do something about that because there's total chaos there were traffic and people around. You know, I wouldn't want to live there. It's impossible to live there, so that is my comment. I have been there. I have seen it at 1 or 2 a.m. It's a messy situation. Chairman Winton: OK, thank you. This is a public hearing. Anyone from the public like to speak on this issue? Need your name and address too please. Carol King: My name is Carol King. My home address is 701 Ketner Boulevard, San Diego, California. I own the properties know as 522, 528 and 534 Northeast 78th Street. They are immediately adjacent to the west of the subject property. That is a 20 -unit apartment building. I've owned that building for almost two and a half years. Next to that building is another apartment building. Next to that building is another apartment building and next to that building is another apartment building. This is all quality low-income housing on that street. Chairman Winton: Aren't there only three apartment buildings? How many buildings do you own? Ms. King: I own well, there's three but I call it one. I have 20 units in three buildings 522,528 -- Chairman Winton: Horse shoe shape. Ms. King: Exactly. Horseshoe shape, exactly. Chairman Winton: And then there's only one more residential property adjacent to yours. Ms. King: Well, yeah, and then there's the alley and then there's another residential property. Chairman Winton: OK. Ms. King: After the alley. So, it's on the same block -- Chairman Winton: Yeah, OK, I see. Ms. King: -- before you go to Biscayne Boulevard. Chairman Winton: Thank you. Ms. King: OK. And they're all quality low income apartment buildings and this property is directly adjacent to my property and it is buffered by the parking lot that belongs to the commercial property on Biscayne Boulevard. If you were to turn this property into a commercial property there would be absolutely no buffer between that property and my apartment buildings. On that street there's no question that there are problems. It is one of the few residential streets in the City of Miami that you permit vendors to sell hot dogs, soft drinks, etc. and litter the 31 May 1, 2003 streets in front of the buildings. Also, when I applied for a loading zone on that block I was told that we couldn't have a loading zone because it's a residential block, so the City seems to have it both ways. It's commercial and it's residential. None -the -less, we have all continued to improve our buildings and try to make it a peaceful residential neighborhood for the people who live there, and I believe that it really is more important to have good low income housing in the City than it is to turn this into a commercial zone. I tried to buy that buildings the subject property to continue to operate it as a residential property because I think it can easily be operated as a residential property and provide the type of housing that's being provided on that block and I think the City has really failed the residents who live on that block because what they've allowed to go on, and I've been working with the NET (Neighborhood Enhancement Team) office and they've been very cooperative in helping to try to clean up the situation but by turning this into a commercial property it's not going to help that situation at all. It's only going to make it worse. If you want to turn it into a commercial property then rezone the entire block. Quite frankly if my property was commercial I could make a heck of a lot more money on it but right now I'm committed to provided for the residents at my building therefore, I'm totally opposed to this. Thank you. Chairman Winton: Thank you. Anyone else? Commissioner Sanchez: Ma'am, are you a resident. You're a homeowner, but are you a resident? Eileen Bottari : Yes, I'm a homeowner. Commissioner Sanchez: Homeowner? Ms. Bottari: Yes, homeowner in the neighborhood. My name is Eileen Bottari. My address is 505 Northeast 76 Street. Chairman Winton: And a very active homeowner in the neighborhood I might add. Go ahead, Eileen. Ms. Bottari: Yes, I'm with the Palm Grove Neighborhood Association and I made this map because I was very concerned about a statement made at the December 12th hearing where Planning said that this property was completely surrounded by commercial property and that was a good reason to turn it commercial. As you can see, the pink property that I have, that is the property that they're requesting to be zoned commercial. The dark blue is the Little River Waterway. All of these properties are on the Little River Waterway which is a beautiful little river in our neighborhood and on both sides the north and the south side, 90 percent of it is residential. OK, and you can see that the property, we took pictures of the properties and Carol's property is there and all the other properties all the way down the block. This is a residential neighborhood that is -- has some problems because of that INS building, but turning the property commercial is not the way to resolve this. We need better code enforcement and we need better policing over there. You know, INS should have never been allowed to go into that building and I heard that they are going to be leaving diversifying their offices, so they will not have everything going to that one office in the near future and I was told that by Planning. Gregory 32 May 1, 2003 Gay told me that. As far as this property goes they received a violation on March the 6. I have copy of it, which I will give you. Knowing that it was not zoned commercial, they turned their property into a parking lot. They were collecting money. They were told by Ms. Wilcox, who was the NET Administrator at the time that they were not to do that. After they were told not to do it, they did it again. We took pictures. We have pictures and I have a copy of the violation that I'd like to just hand in. Chairman Winton: OK, Eileen, I don't think tied to this issue that that's relevant and I just asked the City Attorney so -- Ms. Bottari: OK, well, I just wanted to make a point that if the property owners were really serious about working within the law, they would not have violated the code which says you can't turn it into a parking lot, it's not even paved. OK, we're trying to keep our neighborhood residential. It's only two blocks wide and every street in my neighborhood ends on Biscayne Boulevard and at the end of Biscayne Boulevard is commercial property, so everybody could come in and use that as an excuse to rezone their house if they're the first property off of Biscayne Boulevard, commercial, and then slowly my whole neighborhood's going to be rezoned commercial and we're trying to stop that. When we did the master plan in 1999, Planning and Zoning helped our neighborhood put together, it was said that for this part of the neighborhood that we encourage the restoration and the renovation of the properties there, OK, not rezoning the neighborhood. We're trying to keep this neighborhood residential and we're trying to protect the quality of life there and we need help on that block, but rezoning commercial is not the answer, so I hope that you will vote to not zone. Thank you. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Question. Did the City tell you that INS was leaving that building? Ms. Bottari: I was talking with Planning and Zoning and they told me that they were going to be diversifying their office, not leaving, but they were going to opening other offices around the county, so not everyone will be going to that office, so there won't be the lines and the crowd that there is now. That's what I was told. Commissioner Regalado: That is not what INS is saying -- Ms. Bottari: OK. I'm just tell you what I was told and I wasn't even asking we were doing a drive around -- Commissioner Regalado: I'm hoping hat you were not given bad information from the City. Ms. Bottari: Whether they are or not, it's not a reason to rezone that property commercial. We need to protect our residential neighborhood. Right now we're getting ready to start a charrette for Biscayne Boulevard and I was at the meeting last night and one of the issues that came up was the Little River Waterway. Let's protect our waterway. Let's make sure that we don't do 33 May 1, 2003 any overdevelopment or reckless zoning around the Little River Waterway. It's a beautiful waterway right now and I did meet with Mr. Ferro. We took him down there to show him what we wanted and what we were concerned about and as far as his covenant, he handed it to me when I walked in the door. He called me on the 18th and said he wanted to get together and I never heard from him again, so if it was really important to meet with us to go over this covenant then he should have made the time to meet with us and he didn't, so feel we should move forward without that. Chairman Winton: OK, anyone else from the public want to speak on this item? Mr. City Attorney, is the applicant allowed to respond to any of this? Mr. Maxwell: Yes sir, he can rebut. Chairman Winton: OK. Mr. Ferro: A very brief rebuttal. Chairman Winton: Thank you. Mr. Ferro: First of all, we have met with the neighbors and we want to continue meeting with the neighbors. I said in the beginning we gave her the covenant today. I spoken to Mr. Lumus last week who basically said I will talk to Eileen and I did not hear from Mr. Lumus, so when we came in I said Eileen, here's the covenant. What we'd like to do is so that we don't waste another 30 days, would you consider moving this forward. There's always a second hearing which is you know needed for this approval and we can work between today and that day and we can come back again and let the Commission obviously decide and vote on it and that's what we would ask you to do. We are the only true nonfunctional piece of property on that block. We're the smallest piece of property. I think Ms. King, she owns larger pieces of property that are more buffered that don't have the impact we have. She herself stated we are the buffer between the commercial on Biscayne and her properties and what we've tried to do so that we don't become a nuisance is given this covenant, and what we said is we're going to eliminate what probably are 80 percent or more of the commercial uses that would be allowed under C-1. We're saying we're going to eliminate this, and all we're going to have there if you so allow, is very low intense uses. There's going to be no retail. There's just going to be, if anything, some parking because there is a big need of parking in the area and this property is just not suitable for residential development. We're a very skinny 50 foot wide piece of property there, completely buffeted by the impact of the INS building and the night club next door to us and what we've done is we've tried to create a very low intense transition between that impact and the remaining residential so, that we don't become that kind of impact and it's impossible for us to become that kind of an impact with a covenant that we're offering, so you know, this property needs some help and we hope that you can find a way to give this property some help, because it's just not suitable for residential development. Mr. Maxwell: Excuse me, counselor. You're going beyond rebuttal. 34 May 1, 2003 Chairman Winton: OK, thank you. Anyone else from the public like to speak on PZ -8? Being none, we'll close the public hearing. Commissioner Sanchez, you'd like to take the gavel? Commissioner Sanchez: You are recognized. Chairman Winton: I did recognize this the last time and I remember all the same questions I asked the first go round. I don't know if all of you all been up to see the Little River, but that's a magnificent beautiful area up there and if y'all look at the zoning map here I think I counted eight parcels that are zoned multifamily residential all of which are right on the Little River before it gets up and crosses 79th Street and I struggled with the logic of this rezoning the last time it was here because from my viewpoint, I don't remember if it was Mrs. King or Eileen that said it, but if you're going to do this one, you just might as well -- you've started eating up the whole area. You might as well eat the whole area up and convert the whole area to commercial and frankly I think that is a mistake, and I agree with Ms. King that a number of things need to happen. One, we need code enforcement and our own police department to get up there and start enforcing all the laws and all the code that are one the books that will control the chaos that goes on along 79th Street. It isn't fair to any of the property owners. I don't care whether it's a commercial property, and Mr. Ambassador, I was going to say, you said, it's not an appropriate use because of all of the chaos it's not an appropriate use for residential, and what I really want to say is, what use is appropriate there? There isn't even a commercial use and I'm in the industry in the business. There's no commercial use that puts up with the kind of chaos that we allow to go along 79th Street there so, I think we do have to take some dramatic steps as a City to enforce our codes, to enforce the laws that are on the books and create a quality of life up there that's acceptable, and there's another point here. We all know that affordable housing is in extremely short supply in our City across the board and so you start this process where you just kind of one more little chunk of it goes away. It goes away because you're going to turn it into commercial and there's no question this is much more valuable land if it is commer -- and a lot of people would buy all of this with a view right there on the Little River, turn it all into commercial, and then you create a huge headache for all of the single-family residents that are right across the river because that noise just go boom right there -- Commissioner Sanchez: Is there a motion? Chairman Winton: -- so, yes, but it was important to let the public know and I am going to make a motion and the motion is to -- Mr. Ferro: Mr. Chair, I beg your indulgence if you believe and because we do believe that there is still room for us to try and find -- if you don't believe that the covenant does the job to try to find a, you know, compatible use for that property. If you believe that we could benefit from another deferral, we will then take another deferral and try and come back with you know, hopefully something that you believe we hope you would believe would be compatible with the property because right now it's vacant -- Chairman Winton: And I understand that completely, but you and I both know also that real estate values are an interesting thing and perceived value is everything. I perceive the value to be $100 a foot because I'm convinced I can get the City to rezone it so I can build a commercial 35 May 1, 2003 building there, but I perceive the value to be $15 a foot because I know the City isn't going to do a damn thing and I've got a mess on my hands. That's how real estate works and you and I both know that. I guess I won't be you know, this has been before us really too many times. I don't want, don't like to burden my colleagues, but I can tell you that if I were to agree, I don't know if they'll agree, but if I introduce a resolution to defer one more time, I will tell you that from my standpoint I can't in my mind identify a use or a reason and it isn't the use as much as it is the fact that once you rezone it you're dead and at some point down the road when we're gone, somebody else is going to be up here and say, jeez, we agreed to all these covenants and you know, it's a real hardship to us now and it's not fair and someone says OK and I've seen it, so I don't mind the concept of you attempting something one more time but I've got to say that I will doubt seriously that I'm going to vote in favor nor introduce a motion that would change the zoning on this site. Now, that said, would you like me to still -- I'm all -- Mr. Ferro: I would obviously defer to you're obviously to your judgment. The main reason that this application comes before you is basically to provide parking. That's bottom line the new owners would just like to provide some parking for the area and that's why we gave a covenant. Chairman Winton: OK, I've heard that. I will move to defer this item to -- Ms. Slazyk: May 22. Chairman Winton: Are we crowded on May 22nd Planning and Zoning? Well, it'll be fast anyhow so -- Commissioner Sanchez: There's a motion to defer the item to the 22nd. Is there a second? Commissioner Gonzalez: Second. Commissioner Sanchez: Any discussion on the item? Commissioner Regalado: Mr. Chairman. Commissioner Sanchez: You're recognized, Regalado. Commissioner Regalado: Johnny, I think that -- I'm not going to speak about the zoning issue but I'm going to speak about the other issue that you presented the code enforcement and the City law. If you look at the new laws by the U.S. Congress, and the new INS department and the new regulations, you will see that the number of people that will be going to INS building whatever they are and by the way they're all in the City of Miami, and you know why? -- because the county rejected -- Chairman Winton: Won't let them in. Commissioner Regalado: -- a proposal to have an INS building headquarters in Doral and that building is not going to go away. Whoever said to this residents that the building is going to go away was giving wrong information. In fact, the regulations that now we have it will bring twice 36 May 1, 2003 the amount of people to that building because you have people seeking permits every 30 days, you have people trying to get in line to get to the exam for residency and citizenship. It's a nightmare and you know, we -- I mean we have to endure what our colleagues in the past did to have that INS building there was a mistake, a big mistake because everybody knows what INS generates in terms of population but I will tell you something. I hurt for the residents near and around that place because it is worse now. The police is not doing anything, the code enforcement is not anything. To do something they're going to have to (UNINTELLIGIBLE) and carry and take to jail dozens of dozens of vendors, people cooking, mothers giving children their milk and you know, and to take and fine those people you are punishing the poorest of the poor. Chairman Winton: Well, we're punishing the wrong people. Commissioner Regalado: Exactly. Chairman Winton: We need to punish the Federal Government. Commissioner Regalado: That's my point. You're punishing the wrong people because these people are the poorest of the poor and they go there and they cook and they you know clean their children there so I don't -- Chairman Winton: If you will allow I'm going to make another resolution as soon as we vote on this because you stimulated some thought. Commissioner Regalado: I'm done but I'm telling you it is your district. I think it is your district, and I know how you take care of your district and I think that the focus here should be in doing something about what is going on and you know the zoning is a secondary issue -- Chairman Winton: Right. Commissioner Regalado: -- it is important but it's really difficult. I know, I've been there. Commissioner Sanchez: There's a motion on floor to defer this item until May 22nd Commission meeting. Everyone in favor say, "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposing having the same right say, "nay." Motion carries unanimously. 37 May 1, 2003 The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 03-407 A MOTION TO CONTINUE CONSIDERATION OF THE FOLLOWING PROPOSED ORDINANCES ON FIRST READING RELATED TO APPROXIMATELY 544 N.E. 78 STREET, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22,2003: • TO AMEND ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, TO CHANGE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" AND • TO AMEND ZONING ORDINANCE NO. 11000, TO CHANGE CLASSIFICATION FROM "R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL" TO "C-1 RESTRICTED COMMERCIAL." Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Sanchez: Also, we need another motion for the companion item which is number 9. Chairman Winton: (UNINTELLIGIBLE). 9 is a companion so we need to we really need to defer both. Commissioner Sanchez: We need to defer to May 22nd Mr. Maxwell: (UNINTELLIGIBLE) Include in that and -- Chairman Winton: Yeah, I included 9 in my motion. Commissioner Sanchez: OK, so, Madam Clerk just, for the record, both items have been included, both items will be deferred to May 22nd Commission meeting. Chairman Winton: OK. Commissioner Sanchez: OK, thank you. Sir, you can have the gavel back. 38 May 1, 2003 Chairman Winton: And I'd like to -- no keep it because I want to make another motion. I would like to -- this may not even require a motion, but I think we need to direct -- it should be a motion -- direct the City Manager -- who's the -- who's our United Stated representative who has that part of Biscayne Boulevard, does anybody know? That part of our City. Commissioner Regalado: Kendrick Meek. Commissioner Sanchez: Kendrick Meek. Chairman Winton: So, I would like to direct the City Manager to set up a meeting with Congressman Meek and our Chief of Police and the Assistant City Manager in charge of code enforcement and meet with Congressman Meek and talk about things that we can do to reclaim our City and quality of life for the residents who spend their hard earned money up in that area and do something about what the feds are doing to destroy our neighborhood, so move. Commissioner Gonzalez: Second. Commissioner Sanchez: There's a motion on the floor and a second. Discussion? I'd like to discuss that. I tend to agree with you on that issue, but once again you know that's almost going to be not as similar as Camillus House. Chairman Winton: Yeah. Commissioner Sanchez: You know, nobody wants that in their community so once again it is a -- Chairman Winton: But it's a -- Commissioner Sanchez: - it's an institution, Johnny, that really provides a service. Chairman Winton: But it seems to me that we can force the Federal Government to do something about fixing their problem. Commissioner Sanchez: And there's many things -- Chairman Winton: Even if they fix it there and you're right nobody wants to -- oh well -- but there's things that they can do there to fix that problem. Commissioner Sanchez: OK, I'll yield to you, Commissioner Gonzalez. Chairman Winton: Yes. Commissioner Gonzalez: The problem is that what it is inconceivable is that people and what Commissioner Regalado said is true because I been there. I have taken people there to get in line at 2 a.m. in the morning so the next morning at eight o'clock, they start issuing numbers so they'd be taken care of, so at night this is incredible. You have 200 people there or a hundred 39 May 1, 2003 and some people, you know, laying all over the place, sleeping on the sidewalks because that's a system that the Federal Government or INS has established at that office which is -- you know, it's the same thing that we had at building and zoning in our own City some time ago where people had to come in at four o'clock in the morning to get a number, go home and come back at eight o'clock in the morning so that they can be served. Chairman Winton: And you know -- Commissioner Gonzalez: That's outrageous I mean -- Chairman Winton: By the way, we fixed the problem. Commissioner Gonzalez: Yeah, we fixed the problem but the feds are not solving the problem. After all, you want to know the truth? After all, they're immigrants. Who cares? Chairman Winton: Yeah, that's their attitude but -- Commissioner Gonzalez: After all, they're immigrants. Who cares? Chairman Winton: -- our attitude as local government is that we do care and we need to start putting pressure on the folks, as much pressure as we can and start to fight. If we don't start to fight, we'll never win. Commissioner Gonzalez: No. Chairman Winton: And so I'm jut suggesting that we start to fight. Commissioner Sanchez: Let me just add to what you added Commissioner Gonzalez -- Commissioner Gonzalez: What I'm afraid of, Johnny, in that sense, is what I'm afraid of is we may start putting too much pressure on our Police Department and what I wouldn't like to hear is our Police Department carry people in paddy wagons down to -- Chairman Winton: No, no, right. Commissioner Gonzalez: -- to the police stations, OK. Chairman Winton: I agree with you 100 percent. Commissioner Gonzalez: Because then we're going to have a real serious situation in this City. Chairman Winton: Right. Commissioner Sanchez: If -- we'll I had the -- Commissioner Regalado: Mr. Chairman. 40 May 1, 2003 Commissioner Sanchez: -- I believe I had the floor but Commissioner Regalado -- no, the chair is always last so, I'd like to recognize Commissioner Regalado. Commissioner Regalado: The problem like I said is not going to go away. After 911 they're many new regulations and people have to go more to INS and what the Federal Government can do is something that they won't do, they won't change the law, so what the Federal Government can do is what we did with the CRA (Community Redevelopment Authority). CRA pays a lot of money to the Police Department to bring some people in overtime and do some policing in the area of the Omni. Now, the only thing we need is for the Federal Government to -- Chairman Winton: Extend their hours and process people coming in. Commissioner Regalado: Come up with some money so some police officers off duty can work the crowd there and help with the people because what we can not is what Angel said -- what we can not do is to start carrying away -- to start towing cars -- Chairman Winton: I don't think -- right. Commissioner Regalado: -- poor people that are going to go there and if you tow one of those cars, that would have a domino effect, because that person doesn't have the $100 to get the car out and he loses the job and -- Chairman Winton: I'm not suggesting that at all. Commissioner Regalado: So, I would suggest that you ask for funds when you all meet with Congressman Meek because having more police at least is a deterrent to people you know overflowing that with commercial vehicles and all that and you know let's do this. Let's have the NET office go by there at 2 or 3 a.m. in the morning and take some pictures and bring it back to the commission -- Chairman Winton: Great. Commissioner Regalado: -- so you see what is going on there everyday and -- Chairman Winton: And have them at the meeting. Commissioner Regalado: -- including Saturday because INS works on Saturdays now. So, you know, we know and we all know what's going on there. Chairman Winton: Victor can you do that? OK, sorry. You're the chair. Commissioner Sanchez: You know, this issue that we debated on on the Planning and Zoning sparked up another issue of great importance to our City and that is that that institution that serves and provides a service has a negative impact to that entire area and it has a negative impact to a wonderful little community that sitting in there. Now, the burden here in the meeting 41 May 1, 2003 here is that IRS (Internal Revenue Service) should have different offices throughout. We should not be the City who carries the burden to provide that service that's needed in this community and absolutely right that matter of fact is that after 9/11 there are going to be more demands because of all of the restrictions on national security in that office. In that meeting which I'm prepared to support a lot of issues should come up with and one of the issues is yeah adequate funding to provide better and to distribute the responsibility throughout Dade County not only in that specific area where everyone has to go there to get that service. So, it really provides us to provide services which you had to provide a negative impact to that community so, there's a lot of issue that can be debated so -- Chairman Winton: Right. Commissioner Sanchez: -- there's a motion and a second. Anyone wishing to discuss the issue? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposing, say "nay." Motion carries unanimously. The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 03-408 A MOTION DIRECTING THE CITY MANAGER TO MEET WITH U.S. REPRESENTATIVE KENDRICK MEEK, THE CITY OF MIAMI POLICE CHIEF AND CITY OF MIAMI CHIEF OF NEIGHBORHOOD SERVICES TO DEVELOP A PLAN TO RECLAIM QUALITY OF LIFE IN THE AREA WHERE THE IMMIGRATION AND NATURALIZATION (INS) BUILDING IS LOCATED. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Thank you. Commissioner Sanchez: You have the gavel back. 42 May 1, 2003 Chairman Winton: Thank you. What PZ (Planning & Zoning) item are we on? Commissioner Sanchez: 10. 10. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, AS AMENDED, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "RESTRICTED COMMERCIAL" TO "DUPLEX RESIDENTIAL" AT 4230 NW 3RD STREET (Applicant(s): Land (1) One, LTD Chairman Winton: PZ -10. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -10 and 11 are actually really interesting. This is a requested down -zoning from restricted commercial -- Commissioner Sanchez: You're kidding. Ms. Slazyk: -- no, no it's only three feet, it's only three feet. What it is, they're requesting a down zoning from restricted commercial to duplex residential for a three foot strip so they can replat the properties in order to do the residential project. They can't replat it without those three feet so it's a real clean up item obviously recommend approval. Commissioner Sanchez: I am prepared to make that motion. Chairman Winton: This is a public hearing. Anyone from the public like to speak on PZ -10? Yes sir. Unidentified Speaker: (UNINTELLIGIBLE). Chairman Winton: No? Is there anyone in opposition to PZ -10, anyone in opposition to PZ -10? Apparently not, no one appears to want to speak to PZ -10. We'll close the public hearing. Commissioner Sanchez: So move. Chairman Winton: We've got a -- Commissioner Gonzalez: Second. Chairman Winton: We've got a -- Commissioner Regalado: We all move it, so go ahead. Chairman Winton: OK, we got a motion and a second. Is this an ordinance? Joel Maxwell (Deputy City Attorney): Yes, it is. Chairman Winton: OK, motion and second. Please read the ordinance. 43 May 1, 2003 The ordinance was read by title into the public record by the City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION OF PART OF THE PROPERTY LOCATED AT APPROXIMATELY 4230 NORTHWEST 3RD STREET, MIAMI, FLORIDA, FROM RESTRICTED COMMERCIAL TO DUPLEX RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. It was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. 11. FIRST READING ORDINANCE: AMEND PAGE NO. 32 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM C-1 RESTRICTED COMMERCIAL TO R-2 TWO FAMILY RESIDENTIAL " AT 4230 NW 3RD STREET (Applicant(s): Land (1) One, LTD) Chairman Winton: PZ -11 companion? Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Yes. Chairman Winton: To 10. This is a public hearing. Anyone from the public like to speak on PZ - 11? PZ -11 public. no one wants to speak. We'll close the public hearing. Mr. City Attorney would you please read the ordinance. The ordinance was began to be read by title into the public record by the Deputy City Attorney. Commissioner Regalado: There wasn't a motion. 44 May 1, 2003 Chairman Winton: Oh, I'm sorry. I might get this straight yet today. Commissioner Regalado: Is there a house in the back? Priscilla A. Thompson (City Clerk): I'm sorry, sir, we need your name. Lusant Ordonez: My name is Lusant Ordonez I represent the owner. My address is 6983 Southwest 161 Place. Commissioner Regalado: And what you are doing there is a condo building right? Mr. Ordonez: A duplex. Commissioner Regalado: Duplex? Mr. Ordonez: Yes, two duplexes. We're going to plat and create two 50 -foot lots so we can build duplexes. Commissioner Regalado: OK, alright. Chairman Winton: Motion? Commissioner Regalado: Motion to approve. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second, sorry, Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 32 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL TO R-2 TWO- FAMILY RESIDENTIAL OF PART OF THE PROPERTY LOCATED AT APPROXIMATELY 4230 NORTHWEST 3RD STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 45 May 1, 2003 It was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Ms. Thompson: The ordinance is passed on first reading, 4/0. Chairman Winton: Thank you. 12. CONTINUE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003 CONSIDERATION OF PROPOSED ORDINANCES TO AMEND ORDINANCE NO. 10544, MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL;" AND AMEND ZONING ORDINANCE NO. 11000, BY CHANGING CLASSIFICATION FROM "R-2 TWO FAMILY RESIDENTIAL" TO "C-2 LIBERAL COMMERCIAL." AT 1415 N.W. 7 COURT AND 735 N.W. 14 STREET; DIRECT MANAGER TO MEET WITH REPRESENTATIVE(S) OF MIAMI-DADE COUNTY TO ADDRESS CONCERNS THAT THIS CHANGE IS TO BE LIMITED SOLELY FOR PURPOSES OF PARKING AND NOT FOR EXPANSION OF WOMEN'S DETENTION CENTER Chairman Winton: PZ -12. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -12 and 13 are also companion zoning and land -use change from duplex residential to general commercial for 1415 Northwest 7th Court and 735 Northwest 14th Street. If you look at the maps in your package, this is a property that on 7th Avenue and 14th Street the intersection is already general commercial C- 2 zoning. A piece of property right next door has a duplex zoning. That duplex zoning abuts right up against the expressway. This is a logical extension to the C-2 category that's already on 7th and 14th and we recommend approval. It was also recommended for approval by the Planning Advisory Board by a unanimous vote and by the Zoning Board. This will get rid of that conflict between duplex and general commercial that already exists there. Commissioner Gonzalez: I have a, well, I have a question whenever they finish. Chairman Winton: This is a public hearing. Are you speaking on behalf of the applicant? Alvaro Cosculluela: Yes, I'm the applicant. 46 May 1, 2003 Chairman Winton: I'm sorry OK. It's all yours, need your name and address for the record please. Mr. Cosculluela: Alvaro Cosculluela. I represent Miami Dade County -- Chairman Winton: Address. Mr. Consulluela: -- this is a (UNINTELLIGIBLE) separation from GSA (General Services Administration), Miami -Dade County and we're here to request that approval on the subject piece of land which we need for parking and secure parking for our employees. Some of our employees have been shot at at night and this is a safety issue for employees that's the reason why we need to build a parking lot. Commissioner Gonzalez: They had been shot at at night? Mr. Cosculluela: Yeah, outside the Civic Center, yes. Commissioner Gonzalez: And you don't know where it was coming to you if things doesn't change. Chairman Winton: OK, Commissioner Gonzalez, you have a question is that -- Commissioner Gonzalez: OK, yes I do, Mr. Chairman. Parking, you said that you wanted to use this land for parking for what facility, for the Woman's Detention Center? Mr. Cosculluela: Woman's Detention Center, yes. Commissioner Gonzalez: And what is happening to the parking that you have under the expressway? You don't have enough parking there? Mr. Cosculluela: No, no. That parking, as a matter of fact, we're doing an environmental clean up. It was a -- first of all the property belongs to the state and we're doing environmental clean up because of the tanker fuel spill and it hasn't been completed and we need additional parking. The parking that we request is also going to be used for the employees at the main jail. Commissioner Gonzalez: At the main jail? Mr. Cosculluela: Yes, behind the Civic Center, pretrial detention center. Chairman Winton: Who owns the land? Mr. Cosculluela: We own. Chairman Winton: Miami -Dade County. I'm sorry, Commissioner Gonzalez, are you finished? 47 May 1, 2003 Commissioner Gonzalez: I have -- let me tell you, I have serious concerns about this and my concerns are that if I knew for sure that this was going to be used just for parking, I have no problem with it. Chairman Winton: Right. Commissioner Gonzalez: But I don't want you know, going back to what Commissioner Sanchez said a while ago I don't want something to sneak through the back door because I don't want an expansion of the Woman's Detention Center. I don't want another jail, another program, another -- in my area. I mean, you know, enough is enough, so can we approve this with a condition, Mr. City Attorney, that? Joel Maxwell (Deputy City Attorney): Commissioners, you're correct that when you're considering these changes, if you approve the change, they're entitled to build anything that's permitted under that classification unless they have proffered what -- we don't even accept covenants for comp plan changes and that's what the first item 12 is. Any covenant proffered covenant would apply to the zoning change. If they voluntarily tender a convent saying that they would limit the use of their property to X,Y and Z that would be enforceable to the extend that they don't come back in and ask for a change, but anything else that you might not have considered in that covenant, that they may later want to use it for and it's permitted under the zoning, they can do. Chairman Winton: OK. Commissioner Gonzalez: So actually, if they voluntarily proffered a covenant that they will use this land for parking -- Mr. Maxwell: Solely and if they say that -- Commissioner Gonzalez: Solely for parking -- Mr. Maxwell: -- that would be enforceable, yes. Commissioner Gonzalez: OK, are you willing to do that? Mr. Cosculluela: Sure. Commissioner Gonzalez: You are? OK, can -- what I would like to do then is -- Ms. Slazyk: Continue -- Commissioner Gonzalez: -- what I would like to do is to defer this item until -- Chairman Winton: OK. 48 May 1, 2003 Commissioner Gonzalez: Miami -Dade County can meet with our Planning Department or Zoning or whatever and work out the -- Mr. Maxwell: Language for the covenant of that type Chairman Winton: OK, Mr. Manager. Victor Monzon-Aguirre (Chief of Neighborhood Services): Commissioner, this is only first reading so we would have a second shot at this. Commissioner Gonzalez: I don't want to approve it, not even on first reading. Chairman Winton: And I had another question because I had the same concern except even more so and I was curious why we --- isn't there another zoning you could -- Ms. Slazyk: Yeah, I know you're thinking can't they do C-1 or something else. Chairman Winton: A C-2 is -- you could put anything on C-2. Ms. Slazyk The only reason they didn't ask for C-1 is because there's not enough land there for C-1 so they have to ask for C-2 on adjacency because the property on 7th and 14th, the corner, is C-2, so they could ask for a C-2 as an extension on adjacency. Chairman Winton: What about -- Ms. Slazyk: To get a zoning -- Chairman Winton: -- what about the property to the west? Ms. Slazyk It's R-4 Chairman Winton: It's zoned R-4. Ms. Slazyk That doesn't allow commercial parking, so the other thing they could do is change their entire site to C-1 but that might turn the corner use to nonconformity so, C-2 was the most logical request. Chairman Winton: It might or it will? Ms. Slazyk It depends on what the use is on the corner. Chairman Winton: There is not use on the corner. It's vacant. Ms. Slazyk Do you own the property on the corner? Commissioner Gonzalez: Corner. 49 May 1, 2003 Ms. Slazyk: You don't. Jose Perez: Yes, we do. Ms. Slazyk: If you change all of it to C-1 it will allow your parking and then you'd -- Mr. Perez: Which is correct and I think one important point that you mentioned at the beginning was that the site is too small for anything else. The piece of property that we're asking for is .25 which is a quarter of an acre. We do have a preliminary plan of what we intend to do out there which calls for parking at the front and the proposed piece property is only a quarter of an acre. I mean the width of that property is only 71 feet -- Ms. Slazyk Combined with the -- Mr. Perez: --by 125. Ms. Slazyk -- combined with the -- Ms. Thompson: I'm sorry, Lourdes, I'm sorry, I need the name of the speaker please for the record. Mr. Perez: My name is Jose Perez, Miami Dade County GSA, 111 Northwest 1st Street, Suite 2420. Chairman Winton: Sorry, Madam Clerk, you'd think I could do my job, but so far I've been a complete failure at that today so. Ms. Slazyk Do both properties combined have 200 linear feet of frontage or is it too small? Mr. Perez: Actually, one of the things that you're forgetting is that between the two, you have a 10 foot alleyway which we want to keep that for as far as the entrance for both sides for parking. Chairman Winton: Yeah, but somebody could vacate that at anytime. Mr. Perez: Combined you might have maybe less than maybe half an acre. Chairman Winton: Well, that alleyway hasn't been used, is it? Mr. Perez: Excuse me. Chairman Winton: That is Northwest 7th Court. That doesn't go through, does it? Unidentified Speaker: No. Mr. Perez: No. 50 May 1, 2003 Chairman Winton: OK, and do you own that land on the West side of 7th Court? Mr. Perez: We own the whole entire piece of property, the one that's on Northwest 7th Avenue, 14th Street and all the way up to 7th Court, so the piece of property is from 7th Court to 7th Avenue. North, you have State Road 836. On the south, you have Northwest 14th Street. Chairman Winton: So, what's the frontage there total linear frontage? Mr. Perez: Frontage total, you're talking about 250 linear feet. Ms. Slazyk: That's enough to ask for the C-1. Chairman Winton: It seems to me that there might be a way to work this out that meets everybody's need here and so I think you were suggesting we defer this to the next meeting, give you a chance to meet with the planning department, and figure out the best approach to accommodate your needs and still protect us long term and that's all we're trying to do. Mr. Perez: Very good. Mr. Cosculluela: I want to say that even if we were to build a facility there, which I could assure you is not in the plans, that facility would require parking, and we don't have enough room there for -- Chairman Winton: Right. Mr. Consculluela: -- for anything else. Chairman Winton: As I think you've heard, we've been burned so many times that we have grown up a bit and we're trying to be much more cautious in terms of how we approach these things so that when you guys are gone and we're gone and the next people are around that our neighbors are always protected, so I think you did you make a motion to defer us to -- Commissioner Gonzalez: Yes, sir, I move to defer until May 22nd Ms. Slazyk Yeah, Hearing Boards told me that agenda is not to -- Commissioner Gonzalez: That will give you plenty of time to work out the (UNINTELLIGIBLE) right? Ms. Slazyk: Yes. Chairman Winton: OK. Commissioner Regalado, Commissioner Sanchez -- Mr. Maxwell: Mr. Chairman. 51 May 1, 2003 Chairman Winton: Mr. Sanchez, could you second? Commissioner Sanchez: Second. Mr. Maxwell: One thing the record needs to be clear on, even though we're talking about a covenant, I think that covenant was voluntarily proffered by the applicant. Is that correct? That's correct, right? Mr. Perez: Could you repeat that? Mr. Maxwell: You voluntarily proffered that. You offered that to the City restricting the use to parking. Mr. Perez: I believe so, yes. Mr. Maxwell: No, sir. Did you, not believe, did you? Yes or no? Mr. Cosculluela: We don't have anything submitted -- Mr. Perez: We haven't submitted anything so -- Commissioner Regalado: But he said, he said that he will do it. Mr. Maxwell: I want to make sure that the records clear that Commissioner Gonzalez, nor the City, exacted from you this covenant in exchange for the zoning. That's not what occurred. I believe I heard you say that we're willing to offer a covenant that will do that. Mr. Cosculluela: We are willing to offer a covenant. Chairman Winton: Great thank you very much for the clarity there. OK, we have a motion and a second. Discussion? Being none. Ms. Slazyk: That's for PZ -12 and 13 right? Chairman Winton: PZ -12 and 13 that's correct. No further discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed, motion carries. 52 May 1, 2003 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-409 A MOTION TO CONTINUE CONSIDERATION OF THE FOLLOWING PROPOSED ORDINANCES ON FIRST READING, RELATED TO APPROXIMATELY 1415 N.W. 7 COURT AND 735 N.W. 14 STREET, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003; FURTHER DIRECTING THE MANAGER TO MEET WITH REPRESENTATIVE(S) OF MIAMI-DADE COUNTY TO ADDRESS CONCERNS OF THE CITY THAT THIS CHANGE IS TO BE LIMITED SOLELY FOR PURPOSES OF PARKING AND NOT FOR EXPANSION OF THE WOMEN'S DETENTION CENTER: • TO AMEND ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL;" AND • TO AMEND ZONING ORDINANCE NO. 11000, BY CHANGING CLASSIFICATION FROM "R-2 TWO FAMILY RESIDENTIAL" TO "C-2 LIBERAL COMMERCIAL." Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Thank you gentlemen very much. We'll see y'all in a couple weeks, so I think we're at the end of the agenda. Is that not correct? Ms. Slazyk: Yeah, we still have PZ -3 -- Chairman Winton: Right. Ms. Slazyk -- and 4 to come back to in a few minutes I guess, five o'clock. Chairman Winton: OK, it's five o'clock, so we're going to -- Do y'all mind if we take a five- minute break real quick so I can -- Commissioner Gonzalez: No, it's OK. 53 May 1, 2003 Chairman Winton: So, may we recess for five minutes and we'll be back in five minutes and we'll hear PZ -3 and PZ -4 in five minutes. THEREUPON THE CITY COMMISSION RECESSED AT 4:50 P.M. AND RECONVENED AT 5:01 P.M., WITH ALL MEMBERS FOUND TO BE PRESENT, WITH THE EXCEPTION OF VICE CHAIRMAN TEELE. 13. CONTINUE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 26, 2003, 6:30 P.M., CONSIDERATION OF PROPOSED RESOLUTIONS OF APPEALS OF ZONING BOARD DECISIONS OF SPECIAL EXCEPTIONS AT 165, 171-73 N.W. 39 STREET: TO ALLOW PRIMARY SCHOOL OF 150 STUDENTS; AND TO ALLOW JOINT PARKING FACILITIES FOR CONTIGUOUS USES; DIRECT MANAGER TO ATTEMPT TO FIND SOLUTION TO CURRENT TRAFFIC CONCERNS RELATED TO SCHOOL AND COME BACK WITH RECOMMENDATION. (See #2) Chairman Winton: Planning and zoning meeting yes, you know actually I don't know it might be -- I don't remember I got to look at this again. Yes, ma'am. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): We're ready for PZ 3 -- Chairman Winton: Your on. Ms. Slazyk: -- PZ -3 and 4 OK. Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: Could I ask on PZ -3 and 4, I would suggest that you may want to consolidate those items hear them as one item, because they are mutually dependant on one another so unless both are approved or both are denied, it would make no sense, so I'd ask that you hear them as one item and the record be consolidated as one item. Chairman Winton: Great. Pricilla A. Thompson (City Clerk): I'm sorry. Chairman Winton: Excuse me, what do we need to do to make that happen? Mr. Maxwell: I'm sorry? Chairman Winton: What act do we have to take to make that happen that consolidation? Mr. Maxwell: Just indicate on the record that you're doing that. 54 May 1, 2003 Chairman Winton: So, we are consolidating PZ -3 and PZ -4 into one item that we will call PZ -- Mr. Maxwell: For purposes of the record you can still -- you still take two votes but you have one public hearing. There will be one record. Chairman Winton: Great, thank you. Yes, ma'am. Ms. Thompson: OK, I'm sorry, Chairman Winton, I just wanted to find out if you wanted the interpreters to read that statement, interpret that statement for those in the audience. Chairman Winton: Please. (Translation in Creole by Guylene Berry) (Translation in Spanish by Frank Sasson) Chairman Winton: OK, so, yes ma'am. Ms. Slazyk: OK, for the record again Lourdes Slazyk, Planning and Zoning Department. PZ - Items 3 and 4 are both special exceptions. That's why we wanted to hear them together. The first one PZ -3 is to allow primary school of 150 students at the subject property which is 165 and 171 through 173 Northwest 39th Street. PZ -4 which is the companion item is to allow joint parking facilities for contiguous uses. The reason that these two need each other is that if the school were to be approved without the joint parking for contiguous uses the school would be short of parking and the parking facilities being approved without the school makes no sense because the contiguous use wouldn't be there, so even though they are two separate applications for special exception they need each other in order for the item to occur. The first item is to allow primary school of 150 students the Planning and Zoning Department has recommended denial of this appeal and approval of the special exception. This is a special exception that was approved by the Zoning Board with certain conditions. The special exception was subsequently appealed and that's what's before you tonight, the appeal of the special exception. Same thing for PZ -4, it was approved with conditions by the Zoning Board and now it is being appealed. The department had recommended approval of the special exception finding that the use is compatible with and will be beneficial to the area by providing the needed service to the community. The conversion to a primary school for 150 students along with the joint parking facilities is appropriate within the existing R-1 single-family zoning designation because the use isn't scale in character with the surrounding area. The layout provides adequate parking and circulation and the landscape plan is adequate and complies with the City of Miami's standards and guidelines. The joint parking for contiguous uses would allow the parking to occur to serve all of the uses on the property and facilitate the movement so there wouldn't be separate parking lots for the separate uses. The Zoning Board had added additional conditions. One, that this approval runs with this owner only and it not be transferable to another school without having to get another special exception, and that the special exception be brought back to the Zoning Board in 24 months for review at the expense of the applicant which by this time a parking lease needs to be in place. They wanted to make sure that after a 24 month period that everything was working the way it was supposed to be working and that the parking lease that they required be 55 May 1, 2003 in place. Other than that, we find that it's an appropriate use. It's permissible in the R-1 subject to the special exception and we would recommend denial of the appeal. Chairman Winton: When it comes back in 24 months, if everything isn't alright -- Ms. Slazyk: Well, at that time -- by brining it back in 24 months they can either impose more conditions, take a look at how it's been operating, what kind of complaints there may be about parking spilling out into the neighborhood and they would be able to revisit the issue to add additional conditions if it were warranted. Chairman Winton: -- but you wouldn't be able at that point then to close the school down. Ms. Slazyk I'm not sure if they would. That would probably be a question for the law department if they would be able to deny it at that time. They weren't clear in their vote whether that was to -- for just mitigation or whether they'd be able to deny it. They just wanted it to be brought back to them in 24 months for review. Mr. Maxwell: Our code has a provision dealing with violation of conditions of special permits of all types and it does allow for revocation of permits if compliance is not found to be the case, so if the special exception has a specific provision requiring that it come back for review to make sure that they are in compliance and it's found that they aren't, then revocation proceedings could start at that time, but it would not be instantaneous. Chairman Winton: OK, thank you, sorry. OK, I guess we'll hear from the applicant. Ringo Cayard: Ringo Cayard, Haitian American Foundation, representing the church, and I like to interject that since the last meeting with the Zoning Board we not only have more parking, but we bought the property on the site which adjacent to it. Chairman Winton: Which direction? Mr. Cayard: The Cox building we bought it, which means -- Chairman Winton: Which direction is that? Mr. Cayard: -- we have more parking. Chairman Winton: Ringo, which direction is that from the subject? Angel Morales: North of 3901. Chairman Winton: Well, I don't have an address on this map so. Mr. Morales: It's the property on the corner on the Southeast corner of 40th and 2nd Avenue. Ms. Slazyk He needs to put his name in the record. 56 May 1, 2003 Mr. Morales: I'm Angel Morales, Buena Vista Homeowners Association, 4024 Northwest 5th Avenue. It's a -- Chairman Winton: Could you look at this please, and tell me what you bought? Mr. Maxwell: Could you identify the record Mr. Chairman, for the record the document? Chairman Winton: This is the aerial photo that's in our package prepared by Planning and Zoning Department and they're pointing out the site that they purchased which if you all look in your book you see, if you all see, Angel, here's their site they bought. Apparently they bought this piece up here and Commissioner Gonzalez, I mean Regalado here's their site this is the site they said they just purchased. OK, I'm sorry, so continue on, please. Mr. Morales: OK, first of all I'd like to say that this battle between the homeowners and the church and the school is being allowed is probably going to come to a conclusion today. First of all, I don't know how this lasted this long -- Chairman Winton: Excuse me are, you representing the applicant or -- Mr. Morales: I'm the opposing but we're coming -- Ms. Slazyk: The appellant. Mr. Morales: -- but we're coming to an agreement. Chairman Winton: Thank you. I just wanted to understand. Mr. Morales: OK so, it originally was 45 residents against this all neighboring the building to one and I don't even know how it got this far along the road in all the neighborhood. Everybody in the neighborhood was against it. We finally came to a conclusion three minutes after like probably a year and a half, three minutes ago, and we just want to state that we've all been against this from the beginning but we came in agreement that if we give them a year and a half of the property since they just bought the adjacent property next to the original church that we'd give them as long as it's written down, we'd give them a year and a half and they vacate that building within a year and a half and move to a new property and the homeowners are all willing to accept that instead of all continue this battle because if we win, they're going to be at odds with us, and if they win, we're going to be at odds against them, because we live there. None of them live there but we do so, we came to an agreement that after a year and a half, 18 months, they're going to move out of that building and move to the new property they just purchased. Mr. Maxwell: That's not -- Chairman Winton: Mr. City Attorney? 57 May 1, 2003 Mr. Maxwell: -- that's not relevant to your proceedings. If they've made that kind of -- that would be a private agreement between the Homeowners Association. It shouldn't be something that this Commission should base its decision on. Chairman Winton: I would buy in to that, but is there a way that that agreement gets -- Mr. Maxwell: Into this record somehow? Chairman Winton: Yes. Mr. Maxwell: I would recommend that that not be. That would not be a good thing to be in this record. It certainly and we have taken that position on all homeowners associations not just this one -- Chairman Winton: OK. Mr. Maxwell: -- but certainly if those two parties agree to that, that's their private business. Chairman Winton: OK, thank you. Commissioner Regalado: Mr. Chairman, just -- Chairman Winton: Yes sir. Commissioner Regalado: -- I see some people here that are not understanding. I don't know if they need a translation of what is going on but I just wanted to understand if some people here are not able to comprehend what is going on here. Chairman Winton: Would each of the interpreters ask that question right now please, if there's anyone who did not understand what was said so that we can repeat it? (Translation in Creole by Guylene Berry) Ms. Berry: There are a few people that do not understand. Chairman Winton: OK, so, one moment, please. I'd like to recognize former Mayor Suarez who's standing right there. Welcome, sir. Xavier Suarez: Thank you, Mr. Chairman, Xavier Suarez with address in Coral Gables, but it's only temporary 2600 Douglas. That's my office, not my home. Commissioner Regalado: OK. Mr. Suarez: My home is in the City of Miami, and Mr. City Attorney, I see that you've been installed, or is that temporary, I'm not sure? 58 May 1, 2003 Mr. Maxwell: It's temporary for this purpose. Mr. Suarez: In any case, Mr. Chairman, I, and Commissioners, I have been approached by both sides, asked to intervene, asked not to intervene. I did speak at the prior hearing before the Planning and Zoning Board on this matter and basically on behalf of the neighbors and that was a result of my representation of actually my participation in a legal clinic at Corpus Christi Church, which Father Menendez is very active in this community. I want to say that if there's anything that I can do to make this agreement viable, if there any thing procedural that I can contribute I'd be happy to, because I'm also very good friends with the opposing side and I was hoping that the Commission would reach some kind of an agreement. If they have reached it and if I can be instrumental in bringing it to -- Commissioner Sanchez: It's my understanding they have reached an agreement. Mr. Suarez: That'll be great and I'll be available obviously on a pro bono basis. Chairman Winton: Great, thank you. Mr. Suarez: Thank you. Chairman Winton: OK, I'm sorry, and if y' all don't mind would you, if you need the applicant to repeat what the agreement is that they were talking about. Is that appropriate for them to do in here? Mr. Maxwell: No, sir. I would advise that that not be a part of this record. What I would suggest you do is this. Take maybe a five minute recess and let the parties discuss it and then they can come forward with -- Mr. Cayard: Excuse me, we already discussed it. We're in agreement. Mr. Maxwell: You're in agreement that the City Commission either approve the appeal or deny the appeal. Mr. Cayard: Oh, yeah, we know, but as a gesture -- Mr. Maxwell: That would be the only -- Mr. Cayard: -- because we all live I the same community or we have businesses in the same community, so we don't want to be tomorrow morning looking at each other as enemies, so that's why when I talked to Angel I said listen let's solve it. We know that we don't have to do it and he know he don't have to accept it. It's a gentleman agreement and the church is (UNINTELLIGIBLE) by that so we have no problem at all. Mr. Maxwell: I understand totally, but my job is to make sure that the record and the decision of the City Commission is a defensible one and if for instance a year and a half from now one party has reached this private agreement, then you may want to or someone will want to come to the 59 May 1, 2003 City Commission at that time and say, "Commissioners, the approval that you granted and the terms have not been lived up to, therefore you should revoke," and my job at that point would be to say, "No, because that was not a condition and so it should not be in this record." Mr. Cayard: Definitely but I'm going to send him a letter tomorrow morning to make sure that and today I'm going to be writing something to give to him -- Mr. Maxwell: I understand totally. Mr. Cayard: -- and he's going to write something to us right now. Mr. Maxwell: I understand totally and I assure you that the position that we're taking is not one that we are just taken for your group. We take this position consistently involving private agreements among homeowner association. It should not be apart of these proceedings. Chairman Winton: OK. Mr. Morales: I understand, but the problem is that I met -- not all of the homeowners are here, number one, because like I said, the meeting was supposed to be last week and it was moved to the 1st. It's unfair we came to an agreement with just a couple of us. I mean, I understand what he's saying but if we could come back on this issue because see, right now either we say accept or deny. We're in denial and we don't want to accept this and if we can come back and between that time we can have an agreement because right now everybody's against it and they're in favor of it. They're agreeing only if the City says, like they said, that they'll move out in18 months. Chairman Winton: So, it seems to me that what does need to happen is that -- Mr. Suarez: They're saying that they'll move out -- Chairman Winton: -- that we do need to so y'all can work out whatever agreement you want and this probably needs to come back and there may be one more reason why this ought to come back, but I would like to get -- is it possible to get part of the testimony on the record now? Mr. Maxwell: Yes, sir. Chairman Winton: So that we don't have to, if they don't get this thing worked out, we don't have to go through the whole -- Mr. Maxwell: Yes. Chairman Winton: -- process so, I think that we should hear reasonable testimony today so that when you do come back, if you've agreed, it's going to be very short, it'll be a two minute deal. If you don't agree, then it will be a lot shorter and -- Mr. Morales: OK, then what we'll do is I'll just speak on behalf of our group my part -- 60 May 1, 2003 Chairman Winton: Thank you. Mr. Morales: - and he could speak -- that way nobody else has to speak and we'll make it easy even shorter. Chairman Winton: Thank you. Mr. Maxwell: Just so they understand, your decisions Commissioners, you know it, but they need to understand that the Commission's decision won't be based on whether or not you guys agree or not. Chairman Winton: That's right. Mr. Morales: We know that, as long as we come back and you hear us. Chairman Winton: Our decision won't be based on whether or not they strike this side agreement. Mr. Maxwell: That's correct. Chairman Winton: Our decision will be made though on how we interpret whatever we think the pros and cons of their arguments are. Mr. Maxwell: Of the effect on the neighborhood, absolutely. Ms. Thompson: Again, Commissioner, I'm sorry, do you want that to be interpreted in both Creole and Spanish? Chairman Winton: Would y'all help us with that Ringo? Mr. Cayard: I think most of the members of our church speak English properly -- Chairman Winton: OK. Mr. Cayard: -- that's one of the reason why we are in front of you because we have kids who go straight from the high school at the church directly to the University at the age of 14. Chairman Winton: OK, good, so. So, I guess that means that we don't have to do that OK, thank you. So, that means that we don't have to -- Mr. Cayard: And also let me put on the record the reason why the school is being built and the school is there helping the community because in our country where I'm from we don't have that opportunity, most of us don't. When you have people who don't know how to read or write at the age of 15, 20 years old, when they get to Miami they go to the church and the church make decent citizens reading citizens out of the people, so that's why it's a special schools and we have 61 May 1, 2003 kids at the age of 14 who go straight to Barry University on grants or St. Thomas, and the reverend -- the pastor is right there or Barry University. We understand that the neighbors had some concern. We do have concern. I have a dozen property myself in that neighborhood so which mean I'm more concerned than every single citizen there, but for the good of the community we together with the other parties agree that we going to have this school build a new facility in the new building they just acquired and the building, the existing building will serve as the church base for anything to come we got into the church, so I think that's a perfect harmony where you have two groups for over a year and half who did not see eye to eye come to a conclusion and we have to thank Mayor Suarez for being understanding and putting the groups together and making it happen, so that's why basically we have to thank you for your confidence and at least we see what Miami is all about, one community and nobody's fighting. Thank you. Chairman Winton: Yes, sir, anyone else, Ringo, anyone else from your group want to speak on the record? Emy Etienne: I just agree of everything -- Chairman Winton: Name and address. Mr. Etienne: -- my name is Pastor Emy Etienne. Chairman Winton: And address. Mr. Etienne: 749 Northeast 82nd Street, church 3901 Northwest 2nd Avenue in the school zone. Chairman Winton: Thank you. Mr. Etienne: So, I really agree because I don't want to be in (UNINTELLIGIBLE) my neighbors become my enemies we want to be friend. If there is anything we can work on it toward and agreement that's -- I agreed for one and a half years. Chairman Winton: OK, thank you. Anyone else? OK, put whatever on the record that you'd like to put on the record. Mr. Morales: OK, I'm Angel Morales 4024 Northwest 5th Avenue and I'm representing Buena Vista Homeowners. First of all, I just want to state that none of the neighbors -- every single house surrounding the school is against the school being built, that's number one. They just simply don't want a school built there. As you're aware, Buena Vista's property values are going up. It's changing for the better and people just don't want a school built in front of their house and some residents have been there 35, 40 years. Some of them are handicapped and having all these children is going to be an inconvenience for them. We bring -- greatly oppose this because this was a residential building originally and it's been turned into a commercial building overnight without permits or anything which I have pictures here to prove. Everything was done legally and we've been -- that's the main reason why we're all upset, because everything was being done behind out backs, so there was no space there for parking. The traffics -- it's one of the narrowest streets in Miami, 39th which is a main corridor to the Design 62 May 1, 2003 District, and there's only suppose to be parking on the north side of that street. Currently, there's when the buses drop off the children that are there now, the road is blocked. There's been a lot of accidents there and then -- so then that's why everybody's opposing it because the parking situation. We have come to an agreement now in order like he says for us not to be enemies. Chairman Winton: We don't want to hear about that. You can tell us that you came to an agreement but apparently the City Attorney says it's not appropriate for us to hear what that agreement is. That's going to be between y' all that you can get worked out between -- Mr. Morales: Yeah, but that was our main concern -- Chairman Winton: OK. Mr. Morales: -- because that's a residential building and nobody wants a school there -- Chairman Winton: Great. Mr. Morales: -- 45 to 1. Chairman Winton: OK. Mr. Morales: Thank you. Chairman Winton: Yes, ma'am. Name and address, please. Tamara Voltaire: Hi. Chairman Winton: Hi. Ms. Voltaire: My name is Tamara Voltaire and I'm a paralegal for Ebenezer Christian Academy. I don't exactly agree with the homeowner that spoke. According to my files, we have over 100 signatures that he homeowners do want the school there. We did some comps we pulled some comps and according to our comps about the property values have went up since the schools been there about 25 percent, so I believe the homeowners do want the school there. It's a school that is for low-income families and it offers a lot. We have a significant amount of graduates that come from there so we do have the proof and we do have the signatures. Chairman Winton: Thank you. Anyone else from the public want to speak on this item? Anyone else from the public want to speak on PZ -- Ms. Slazyk: 3 and 4. Chairman Winton: -- 3 and 4. Yes, ma'am. Mary Sneed: I'm Sneed, Mary Sneed. 63 May 1, 2003 Chairman Winton: Your address please. Ms. Sneed: -- and I am the oldest one in the whole neighborhood -- Chairman Winton: And we need your address. Ms. Sneed: -- and the whole block. Chairman Winton: We need your address too please ma'am. Ms. Sneed: -- so, we do not want, but if we -- Chairman Winton: Ma'am, could I get your address please? Ms. Sneed: 120 Northwest 39th Street. Chairman Winton: Thank you. Ms. Sneed: You need my phone number? Chairman Winton: Nope, that's all we need, name and address. Ms. Sneed: We don't need the school and it isn't because -- what it is, the street's too narrow and we're looking out for the children and it isn't no place for the children, not for our self. We done got old, so we don't need all that room, but the children need it and they don't have the room for the children and for the cars. They don't have the room for the cars as it is because everybody got one to two cars and they park all over the street -- Chairman Winton: Thank you. Ms. Sneed: -- so, we don't need it and if we do, if they do get it, we agreed one thing. If it happens one year and a half in black and white and if it don't we will fight it. Chairman Winton: Thank you. Ms. Sneed: One year and a half and we want it stopped and sealed. Chairman Winton: Thank you. Ms. Sneed: A year and a half. Chairman Winton: Thank you. Ms. Sneed: Thank you. Chairman Winton: Anyone else, PZ -3 and 4? Yes, sir. Name and address too please. 64 May 1, 2003 Emy Etienne: Yes, my name is Emy junior Etienne. I live at 749 Northeast 82nd Street. As you know my father owns the three properties on the 39th Street. I am a current graduate from my fathers school Ebenezer Christian Academy. I graduated at the age of 16. Right now, I'm at Saint Thomas University and I'm studying Computer Science. Chairman Winton: He's a lot smarter than I am. I don't think I was ever going to graduate. Mr. Etienne: And so far I am doing great. Chairman Winton: Great. Mr. Etienne: I'm suppose to receive my finals today I mean I take my finals most of my finals today and I'm having A's and B's so far. Chairman Winton: Alright, congratulations. Mr. Etienne: But anyways I'm standing here to say because I've been in every hearing for like almost a year and a half now and every hearing I had to leave my homework, leave everything to come and you know, talk about it. The school I don't know what's going on like because the school really do not give any problems. We make sure the kids are always in proper order when they're outside. Our cars from now I go to school but every time I come if there's a car that's parked wrong which most likely is not ours. I always take a look at it see if you know, go inside and call everybody who's car is this who's car is this, so most of the time like our cars is not parked outside during church time, during school time never only if somebody's about to leave and you know they can just park it for just five minutes and leave. Also, during one of the -- they said the school bus, the school bus we have pictures. Matter of fact, to show how we make the school bus you know, practically come right in front of the gate just not to block the parking I mean, the road and so far I mean I drove there from school and home, I mean from school to Ebenezer and I have had no problem like traffic or anything. I've never had an accident there. Nobody from our church never had an accident there. The last accident I remembered was like four, five years ago, and also the properties we now own were pretty much wasting. The property we have our first property which is 3901 was a club and now is a church. The second one I would not like to say anything about it because it's pretty much hideous, but anyways we've kept a good record and we've kept everything clean our slate is clean matter of fact, I was there once and we tried to invite everybody to come to the meeting to a meeting we're having like a neighborhood meeting, nobody showed up, and had everything prepared and to talk about it so pretty much it's not our fault you know, but I also talked with a lot of neighborhood, the people from the neighborhoods, and pretty much you know, they're not against us as you know, they say they don't want us to be here. The only thing I see from the last meeting we had, we had three meetings one of them was because no parking. The second one there's no place we park on the street. The third one they just said they didn't want us there, so this is getting really out of hand. Do they not want us there, or is it because of the parking? So, that's all I had to say. 65 May 1, 2003 Chairman Winton: Thank you. Anyone else from the public like to speak on this issue and if y' all are speaking in favor of, or in opposition to, would you please not repeat what we've already heard. Thank you, and am I suppose to run this clock that limits the speakers to two minutes? Because I don't have a clue how to do that. Would you do that for me, please? Thank you. Yes, sir, name and address for the record. Henry Juste: My name is Henry Juste and my address is 119 Northeast 53rd Street. I've been living in neighborhood almost for the past 25 years and that particular house that we are talking about 10, 15 years ago it was a crack house. It was practically empty and Pastor Emy had enough decency to turn this house into a school which that is a private entity by the church and what we are doing here really is to help the City. We have a lot of young people in the neighborhood now that are been educated, going to college, and I think that's what the City needs. The future of our City is (UNINTELLIGIBLE) part of that school also and it is a must right that school must exist. I know they had done some stuff at the beginning but we had corrected it. We have corrected our zoning. They had bought the property, but the parking there to be in accordance with the City and I'll ask that we do provide the Pastor to be able to have the school in there. It's very good for our community and I have seen and I have grown up in that section of town and we do have a business down at 3800 North Miami Avenue which is a clinic that serves the community and we never have any problem with them and they've been outstanding citizen and I ask that you approve that school for them. Chairman Winton: Thank you. Anyone else? Yes, sir, yes, ma'am. Carline Estimr: My name is Carline Estimr. I live at 755 -- Chairman Winton: Pull the speaker closer to you. Thank you, there you go. Ms. Estimr: My name is Carline. I live at 755 Northeast 82nd Street. I also a graduate of Ebenezer Christian Academy. I graduated last year. Now I'm at Saint Thomas University majoring in biology and my future career goal is to become a pediatrician and my reason for wanting the school to keep open is because I'm in the national honor roll and I get scholarships and stuff and I like you know, the other kids to get the same opportunities that I got and my honor rolls will be coming soon. I'll be in the newspaper and I'll be meeting the governor and I got over $50,000 you know, so I want the school to keep open so the future graduates could have the same opportunities that I have. Chairman Winton: Thank you. Yes, sir. Jaspe Gore: My name is Jaspe Gore. My property is adjacent to the building. Chairman Winton: I need your address, please, sir. Mr. Gore: Pardon? Chairman Winton: Your address please. 66 May 1, 2003 Mr. Gore: 143 Northwest 39th Street, just adjacent to the building that they are -- Chairman Winton: Thank. Mr. Gore: This is going on my 35th year I've been living there, OK. Now, all of a sudden they going come up overnight with a school there with 50 students plus his staff. You're going to be talking in the neighborhood of 170 people. I don't think there's no one in this building would approve of that to happen next door their house if you'd be honest with yourself, so I don't know why they want to try to ram it down our throat. After 34 years I been living there I never had no problem. They talking bout the building next door. You have problems anywhere you go but it hasn't been nothing in comparison to what I've heard some of these accusations was, so my whole neighborhood is against it. We don't have no problem with forward progress. I love to see forward progress, but as far as my point in concerned, he's just in the wrong area for it. He's in a residential area. He needs to get into a commercial area. Thank you, sir. Chairman Winton: Thank you. Anyone else? Anyone else from the public like to speak? If you want to speak, could you all please come to the microphone and not for me to call on you, so if you're going to speak please come up to the microphone. Jean Paul: My name is Jean Paul. Chairman Winton: Address please. Mr. Paul: 3901 Northwest 2nd Ave and I don't want to repeat what the people the neighbors just said, but I would like to know why because here we have it schools in this neighborhood we never talking about it. We have (UNINTELLIGIBLE) school on 3100 Northwest 5th Avenue, Corporate Academy North 3001 Northwest 2nd Avenue, KidcoChild Care 3635 Northeast 1st Avenue, design in our (UNINTELLIGIBLE) Senior High School 4001 Northeast 2nd Ave and Archbishop Curry Norte Dame High School 4949 Northeast 2nd Ave, Shadowlawn School 149 Northwest 49th Street, House of Prayer Day Care 200 Northwest 47th Street, Ball of Fire Paradise Day Care 4200 Northwest 2nd Avenue. All these schools are in the same neighborhood and they talking about residential area. Those are in the residential area but that is what I wanted to mention. Really would like to work something better with them to make them really happy like you just mentioned about we even then they could go to Police Station (UNINTELLIGIBLE) record that the school or the church had been having accident over there never, that never happened and also we have two buses, one yellow buses that carry 49 students another white van that carry 15 students. Those are drop off. We have no students that driving. The only people that came there really staff that are working there about 10 to 12 or 14. We can sometimes it's 6 cars or 7 cars parking over there and no kids driving. We have a free area that anybody could drive anytime they want. No problem in this area, and we would like to make them more happier we bought another building. We bought another parking lot to make them you know, to make them happy, just not talking about the parking. Chairman Winton: Thank you. Thank you very much. Anyone else? Anyone else from the public like to speak on this item? Being no one we're going to -- I'm going to repeat this, anyone who wants to speak get up and stand in line because after this person, if there's no one at the 67 May 1, 2003 podium, I'm going to close the public hearing, so if you want to speak please stand up right now and come get in line. Thank you, your name and address please. Pedro Maldonado: Good afternoon, my name is Pedro Maldonado -- Mr. Maxwell: Commissioner. Mr. Chairman. Chairman Winton: Yes. Mr. Maxwell: You probably should translate that. You should translate that statement. Chairman Winton: Would -- please do. Hold on, I'm going to translate this in -- why do we need to do that -- Ms. Slazyk: No, no, translate what you just said. Chairman Winton: We were just told earlier that the people in the audience speak English, understand English, so therefore we we're translating to the rest of them. Mr. Maxwell: But twice you said that as you pointed out and people kept coming to the podium. Chairman Winton: I don't think that has anything to do with -- so, I don't think it has anything to do with understanding English, because everybody that's been up there spoke English. It has to do with listening. Mr. Maldonado: 131 Northwest (INAUDIBLE). Unidentified Speaker: May I, Mr. Chairman? Chairman Winton: OK, I don't think you need to do that. Yes, sir, name and address please. Mr. Maldonado: OK, one again 131 Northwest 42 Street, Miami, Florida. I live that neighborhood for 40 years and the reason -- Chairman Winton: Come closer to the microphone sir, thank you. Mr. Maldonado: -- the reason I stepped over here and raise my point of view is this. The neighbor we are opposing this school there. First of all, that building was residential building. It is not a business. Then, secondly, the place is very limited for parking. There is going to be a lot of problem them if they open the school for 150 kids like they said. Secondly, I've been here lot of people speaking in the microphone and they didn't live in the area because I know most every neighbor there. Like if you ask the people that speak over here for I did where they live, they don't live there. They live way up Northeast and Northwest 119, 118 Street. I don't think that's right, and secondly, they repair that building they're working on the building without a permit. Where they get the permit I don't know? The (UNINTELLIGIBLE) very well anybody to build up or repair a building or do anything and need a permit and the permit have to be placed in view to the people, or for the public. That I haven't seen in there, so I'd like to you people find that 68 May 1, 2003 out the people that are trying to open the school there where they get the permit, from who they get the permit, and then do the thing right or not, thank you. Chairman Winton: Thank you, anyone else? Sir, are you coming to the podium? Wilfred Saint Jean: Yes, sir. My name is Reverend Wilfred St. Jean I'm the office manager for the school -- Chairman Winton: Address please. Mr. Saint Jean: -- and my address 495 Northeast 157 Street in Miami Beach, Florida, but the only thing I do to my investigation everything's going on here is the neighborhood don't like us to be there. That's all. They have a double discrimination against specifically the Haitian people. That's it, that's all I have to say, because there's no reason that they can not accept the school there because we done everything we're suppose to do. We tried to call them up for a meeting and everything. We tried to get together with them. They refused to, but in this case you the Commissioner, should see what's going on. That's all I have to say. Thank you. Chairman Winton: Thank you, anyone else? OK, if there's no one else we're going to close the public hearing, and I think what has been requested of us is that we move this to the, defer it to the -- Ms. Slazyk: May 22nd Chairman Winton: -- May 22nd meeting is what they were asking. We've heard a great deal on the public record, but I would like to, before we go there, and this is particularly for both of y'all Ringo and -- I'm sorry, what's your name again? Mr. Etienne: Etienne. Chairman Winton: Adrian that because when I -- and I'm going to speak to the Reverend or Pastor who just spoke and I'll put this on the public record. We're not allowed as Commissioners to talk to anyone about any Planning and Zoning item comes before us. Once it gets in the pipeline of the City, we can talk to no one because we sit as quasi judicial which means we sit kind of as judges, so I don't know anything about any of this. My job is though to look at all of this and what I wrote at the top of my thing doesn't have anything to do with racism. I didn't know who the players were at all. I said no. Doesn't have anything to do with racism, and I'll explain to you why I wrote no. Now, I heard a lot of new things since then so, I don't know where I'm going to be, but I just wanted you to know that as a person who hasn't seen anything I wrote no on this and let me explain why. This school is in fact going into a single-family residential neighborhood, not on a major thoroughfare, into a neighborhood where you have very narrow streets and I can assure you, we've sat up here for a long time. You couldn't get this approved in most neighborhoods in the City of Miami. Y'all need to just kind of sit down --it's a public hearing is closed so, we're not going to hear anymore testimony from anyone from public. Just so you all understand that, the public hearing is closed, but this is in -- the issue here isn't whether or not we have a good cause. We do have a good cause. What y'all 69 May 1, 2003 are doing, trying to do here is a fabulous cause. It's the right cause. You're doing the right thing. The question is where do you put it and when you put in the middle of a residential neighborhood where you have single-family homes all around it on a very narrow street, that causes lots of stress to single-family neighborhoods, and that's the issue here and that's the issue that I was focused on as I was looking at this thing. It really isn't an appropriate spot, it could be if this were on a primary thoroughfare where all of your traffic, cars, buses, all of those kind of things came off it and some way or another the Commission allowed for an extension of a commercial zone to come back into the single-family neighborhood we had parking or something like that, we do those kinds of things, but what y'all are doing is literally going, your primary ingress and egress, your primary way to get in and out is on a little narrow single-family residential street and so, that's the issue. Now, I think what -- that some of the -- I'll be careful how, City Attorney doesn't want us to think about these kinds of things but I think that some of the issues that you are all working on, some of the approaches that you're thinking about are probably worth hearing which is -- worthwhile and so, I think we're going to entertain a motion here today to defer this to May 22nd so y'all can work out whatever details y'all have and bring back a different kind of recommendation to us that may meet everyone's need. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Mr. Chairman -- Chairman Winton: Yes, sir. Commissioner Gonzalez: -- I'll second for discussion or just for a couple of questions because actually I'm kind of confused. Is there a school there now? Unidentified Speaker: Yes. Unidentified Speaker: No. Commissioner Gonzalez: There is no school there now? Unidentified Speaker: Just a building. Ms. Slazyk: It was -- Chairman Winton: Excuse me, let -- Ms. Slazyk The church and this is the request for the school for 150 children -- Commissioner Gonzalez: OK, all of the graduates that have been coming to the podium that have graduated and now they're going to college and all that where -- what school did they attend? Unidentified Speaker: In the church, in the church sir. Commissioner Gonzalez: At the church? 70 May 1, 2003 Unidentified Speaker: Yeah, the church. Commissioner Gonzalez: So, now you have a school at the church? Unidentified Speaker: Yes. Commissioner Gonzalez: And what you're trying to do is to expand the school and build the school separate from the church. OK, how many students do you have in the school now? Mr. Cayard: 120. Commissioner Gonzalez: 120? Hello. Mr. Cayard: Did I say 150? It's only 120. Commissioner Gonzalez: Pardon me. Mr. Cayard: We are licensed for 150 but we only have 120. Commissioner Gonzalez: How many -- I didn't ask you for what kind of license you have -- Mr. Cayard: 120. Commissioner Gonzalez: -- I ask you for how -- Mr. Cayard: 120. Commissioner Gonzalez: -- many students. Pardon me. Chairman Winton: 120. Mr. Cayard: 120, Commissioner. Commissioner Gonzalez: You got 120 now attending school there? And how many are you going to bring to the new school? Mr. Cayard: That's the same school. Commissioner Gonzalez: Same 120? Mr. Cayard: Yeah, 150. Chairman Winton: 150. Commissioner Sanchez: 150. 71 May 1, 2003 Commissioner Gonzalez: 150. Ms. Slazyk: With the new land. Chairman Winton: Yeah. Ms. Slazyk: The new building. Mr. Cayard: New parking, new land, and everything. Commissioner Gonzalez: Those are my only questions. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: So, to follow up on them. The school is going on right now. Is it and the church too? Mr. Maxwell: Not at that building. Chairman Winton: But it's going on in the church. Commissioner Regalado: Not in the church. Unidentified Speaker: No. Chairman Winton: No, the school is actually, at least this is what I understood. The school is currently operating, but it's operating in the church which I think is on the primary thoroughfare here is that not correct? Commissioner Sanchez: Yes. Chairman Winton: OK. Unidentified Speaker: The new building's in the middle of the block. Chairman Winton: The planned expansion so they can have more space and a few more students, runs back into the residential neighborhood that's the -- thank you. Does that answer your question, Commissioner? Commissioner Regalado: Yeah, but I was thinking the Planning Department has approved churches in residential neighborhood right? 72 May 1, 2003 Ms. Slazyk: Yes, churches and schools, which is one statement I wanted to clarify for the record. Somebody came up and spoke said that there was a zoning change to allow this. There isn't. Schools and churches are allowed in R-1 and R-2 but it's by special exception, so you can look at these kinds of issues and put the conditions you need to mitigate them. Commissioner Regalado: Because in my neighborhood -- Ms. Slazyk: Yes. Commissioner Regalado: -- we have churches -- Chairman Winton: Right. Ms. Slazyk: Yep. Commissioner Regalado: Two block from residential street from my home. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Regalado: I mean, if they were to change the school to the church then will have a primary avenue or street to go out, right? Ms. Slazyk Well, I think that is where it is now and they want to go into this new building to expand I guess they've run out of space in that building. Commissioner Regalado: Yeah, but I'm saying -- Ms. Slazyk If they put the whole school in the other building and the church here? Commissioner Regalado: Yeah. That's what I'm -- Ms. Slazyk It'd be something to look at, yeah. Commissioner Regalado: Anyway, I mean, I'll wait for the 22nd but I just want to clarify, Mr. Chairman, the fact that we have church all over residential neighborhoods because we have it in Shenandoah several, West Little Havana, in non primary streets. The Planning Department has approved churches and that's why I'm saying. We'll actually there are schools also in non primary schools but that was in the past. That's why I'm saying, I'm suggesting that maybe you can consider switching because a school generates more traffic than a church. The church has certain hours only and that's why I suggested switching buildings. The school to the primary avenue or street and the church to residential. Chairman Winton: OK, thank you. Any other comments? Being none -- 73 May 1, 2003 Commissioner Sanchez: No comments but let me just say that in May we're going to have voluminous agenda. We have several controversial items that are going to be in that agenda so maybe this can go on the following agenda. I mean, I just -- Chairman Winton: Well, I think that we've -- I think the purpose today is to put all the primary testimony on the record so that -- Commissioner Sanchez: Call the question. Chairman Winton: -- so that you know, we will hear more public testimony next time but I'm assuming that it's not going to be nearly as voluminous and we're anticipating that everybody's coming back -- Commissioner Sanchez: Call the question. Chairman Winton: Yes, sir. Unidentified Speaker: Commissioner. Mr. Maxwell: One thing you -- I think you've heard from just one person from the Homeowners Association and one of the issues was that they weren't able to make it, so if they make it at the next meeting, you have a long item. Commissioner Sanchez: It would be in the interest of everyone to send it over a month later. Chairman Winton: So, that's the June, what date is that? Mr. Maxwell: June P and Z (Planning and Zoning) meeting. Ms. Thompson: That would be the June P and Z is June the 26tH Chairman Winton: June 26th9 So, is that your motion? Mr. Cayard: Mr. Chairman, I have a suggestion -- Commissioner Sanchez: I'm amending your motion. Chairman Winton: Hold on, hold on. Commissioner Sanchez: That's amending your motion or whoever made the motion to defer it. Chairman Winton: I think you made the motion. Commissioner Sanchez: Then I amend my motion -- 74 May 1, 2003 Commissioner Gonzalez: You made a motion and I second it so, second the amendment for June 26. Chairman Winton: From each of you and they we're going to vote. Yes, sir. Mr. Cayard: I have a suggestion maybe it could help everyone. Since you are the body governing the zoning and we're already in accordance, could we subject to us drawing the contract that is us -- Chairman Winton: I think our City Attorney has always recommend that we don't do any of these things subject to -- Mr. Cayard: OK, could we maybe vote on it in a matter to gain time, and then we will be back in front of you so like that we won't have to spend so much time. Then when we come back it would be here -- Commissioner Sanchez: I don't think you want to vote today. Mr. Cayard: OK. Chairman Winton: Yes, sir. Mr. Morales: Since most of the homeowners didn't come, can we have a time certain on that date, would that be possible? Commissioner Sanchez: Any item that requires, that's a controversial Item we always put after 5 o'clock to allow -- Chairman Winton: Yeah. Commissioner Sanchez: -- people plenty of time to come -- Chairman Winton: What time would you like? Mr. Morales: 6:30 would be fine. Would that be fine? Commissioner Sanchez: 6:30 if fine with me. Mr. Morales: June 22nd Chairman Winton: OK, 6:30, June 22nd and but y'all I think you guys -- Commissioner Sanchez: The days the 26th Mr. -- Ms. Thompson: June 26th 75 May 1, 2003 Chairman Winton: June 26th. Ringo and I think y'all are on the right track so, let's same track. OK, got a motion and a second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03 -4 10 A MOTION TO CONTINUE CONSIDERATION OF THE FOLLOWING PROPOSED RESOLUTIONS OF APPEALS OF ZONING BOARD DECISIONS OF SPECIAL EXCEPTIONS AS LISTED IN ZONING ORDINANCE NO. 11000, AT APPROXIMATELY 165, 171-73 N.W. 39 STREET, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 26, 2003, AT A TIME CERTAIN OF 6:30 P.M.: • TO ALLOW A PRIMARY SCHOOL OF 150 STUDENTS; AND • TO ALLOW JOINT PARKING FACILITIES FOR CONTIGUOUS USES. FURTHER DIRECTING THE MANAGER TO ATTEMPT TO FIND A SOLUTION TO CURRENT TRAFFIC CONCERNS RELATED TO THE SCHOOL AND COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Ms. Slazyk: That was PZ -3 and 4. Chairman Winton: PZ -3 and 4, yes, ma'am. Thank you all, thank you very much. Mr. Cayard: Thank you so much. Chairman Winton: Thank you. Anything else? 76 May 1, 2003 14. RELATED TO CUBAN AMERICAN NATIONAL COUNCIL'S EVENT "EL DIA DE LOS NINOS" TO BE HELD AT JOSE MARTI PARK, ON MAY 3, 2003; AUTHORIZE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW, INCLUDING FOR USE OF PUBLIC RIGHT-OF-WAY, AND PROVISION OF IN-KIND SERVICES BY DEPARTMENTS OF POLICE, FIRE -RESCUE, SOLID WASTE, AND PARKS AND RECREATION, $5,900; ALLOCATE FUNDS FROM SPECIAL EVENTS FESTIVAL ACCOUNT; CONDITIONING SAID AUTHORIZATIONS UPON ORGANIZER. Commissioner Sanchez: Mr. Chairman, yes, I have a pocket item that was passed as a resolution but I was advised by counsel that it must be passed. It was passed as a motion it must be passed as a resolution. Chairman Winton: We passed it earlier. Commissioner Sanchez: Yes, sir, as a motion, but it has to be passed a resolution and I'm going to make sure that -- does everyone have a pocket item? Chairman Winton: Wasn't it supposed to be an ordinance? Commissioner Sanchez: No, resolution. Chairman Winton: Let's wait for a minute. What did we pass it as then? Commissioner Sanchez: I passed it as a motion and legal was asking me to pass it as a resolution. Chairman Winton: What's the difference? Maria J. Chiaro (Assistant City Attorney): There were items included, items to be included that were not included in the motion. Chairman Winton: OK. Ms. Chiaro: Since those additional items require additional legislation, we now have the piece of legislation for you. Chairman Winton: Thank you, Madam Attorney. Commissioner Sanchez: So I move, Mr. Chairman. Commissioner Gonzalez: Second the resolution. Commissioner Sanchez: Madam Clerk, could you read it? I mean -- Chairman Winton: We have a motion and a second. 77 May 1, 2003 Commissioner Sanchez: That's a resolution of the City of Miami Commission related to the Cuban American National Council event, EZ Dia De Los Ninos, the kids day. It'll be held at Jose Marti Park on May the 3, 2003 authorizing the waiver of all fees and permits permittable by law including for the use of the public right-of-way and second provisional in-kind services by the department of Police, Fire, Solid Waste and Parks and Recreation and totaling an amount not to exceed $5,900, allocating funds from account number 001000921054.6.298. So move. Commissioner Gonzalez: Second. Commissioner Sanchez: This is special -- Chairman Winton: We have a motion and second. Discussion? Being none, before I say that by the way, are we allowed, this is a regular Commission agenda Item not planning and zoning. Do I have to do some action before we can hear this? Ms. Chiaro: You do not. This is a regular monthly meeting. You continued the items that were on the agenda previously. Chairman Winton: Wonderful, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-411 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE CUBAN AMERICAN NATIONAL COUNCIL'S EVENT "EL DIA DE LOS NINOS" TO BE HELD AT JOSE MARTI PARK, ON MAY 3, 2003; AUTHORIZING (1) THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW, INCLUDING FOR THE USE OF THE PUBLIC RIGHT-OF-WAY, AND (2) THE PROVISION OF IN-KIND SERVICES BY THE DEPARTMENTS OF POLICE, FIRE -RESCUE, SOLID WASTE, AND PARKS AND RECREATION, IN A TOTAL AMOUNT NOT TO EXCEED $5,900; ALLOCATING FUNDS FROM ACCOUNT NO. 001000921054.6.289, ENTITLED "SPECIAL EVENTS FESTIVAL ACCOUNT"; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZER: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. 78 May 1, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Gonzalez: Thank you. Chairman Winton: Anything else we need? Commissioner Gonzalez: Motion to adjourn. Chairman Winton: Motion to adjourn. Alright, so move, alright. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Thank you very much. 79 May 1, 2003 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:51 P.M. ATTEST: Priscilla A. Thompson CITY CLERK Sylvia Scheider ASSISTANT CITY CLERK MANUEL A. DIAZ MAYOR 80 May 1, 2003