HomeMy WebLinkAboutCC 1998-01-27 MinutesCITY OF MIAM
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OF MMING HELD ON UANUARY 27, 1997
REGULAR- -
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
INDEX
MINUTES OF PLANNING & ZONING MEETING
January 27, 1998
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. ISSUE CONDOLENCES TO FAMILY OF R 98-88 2
DECEASED PASTOR OF ST. JUDE, 1/27/98
REVEREND JOHN W. HADDAD.
2. PRESENTATIONS. DISCUSSION 3
1/27/98
3. CITY MANAGER INTRODUCES CHRISTINA DISCUSSION 3
CUERVO AS ASSISTANT CITY MANAGER. 1/27/98
4. CHAIRMAN HERNANDEZ EXPLAINS ORDER DISCUSSION 3-4
OF DAY. 1/27/98
5. (A) APPROVE MAJOR USE SPECIAL PERMIT R 98-89 5-35
FOR AMERICAN AIRLINES ARENA AT 601 1/27/98
BISCAYNE BOULEVARD -- FOR MULTI -USE
STRUCTURE CONSISTING OF ARENA,
OFFICE / COMMERCIAL / PARKING
COMPONENT -- APPLICANT: CITY OF MIAMI,
MIAMI-DADE COUNTY, BASKETBALL
PROPERTIES LTD.
(B) DISCUSS THE MIAMI HEAT USING FIRST
SOURCE HIRING AGREEMENT IN BUILDING
NEW ARENA.
(C) DISCUSS ACTUAL CONDITIONS FOR
BUILDING NEW ARENA (INCLUDED IN
PAGES 52,53,54OF BACKUP DATA).
(D) REQUEST BRIEFING PERTINENT
ENTITIES: COMMUNITY REDEVELOPMENT
AGENCY / DOWNTOWN DEVELOPMENT
AUTHORITY / MIAMI SPORTS AND
EXHIBITION AUTHORITY AND
COMMISSIONERS - BEFORE FINALIZATION
OF ARENA PLANS -- REGARDING
PEDESTRIAN ACCESS AND PUBLIC SAFETY
ISSUES.
(E) DISCUSS FEASIBILITY OF BUILDING
TUNNEL FROM PORT BOULEVEARD
TOWARD 1-395 -- CONSIDER DEPRESSING
AREA OF BISCAYNE BOULEVARD
ADJACENT TO PERFORMING ARTS CENTER
AND 1-395.
(F) DISCUSS SECURITY AND PUBLIC
SAFETY ISSUES AROUND NEW ARENA
AREA.
(G) INQUIRE ABOUT ESTABLISHING
SPECIAL LIGHTING DISTRICT AROUND NEW
ARENA TO EMPHASIZE PUBLIC SAFETY.
(H) BRIEF COMMENTS REGARDING THE
FUNDING OF GUSMAN HALL BY
DOWNTOWN DEVELOPMENT AUTHORITY.
(1) DISCUSS FORMALIZING FIRST SOURCE
HIRING AGREEMENT WITH THE MIAMI
HEAT BY NEXT COMMISSION MEETING.
(J) ASSIST WELFARE TO WORK CLIENTS
THROUGH FIRST SOURCE HIRING FOR NEW
ARENA -- FURTHER INSTRUCT CITY
MANAGER TO ASSIGN EMPLOYEE TO
MONITOR SAID PROGRAM THROUGH NET
OFFICES.
(K) URGE THE MIAMI HEAT ORGANIZATION
TO VOLUNTARILY PARTICIPATE IN CITY
PARKS AND RECREATION PROGRAMS.
(L) DIRECT ADMINISTRATION TO ENSURE
THAT FUTURE CITY LAND TRANSFERS
CONTAIN PROVISO OF PAYMENT IN LIEU OF
TAXES -- FURTHER DISCUSS POSSIBLE
SUPPORT BY THE MIAMI HEAT
ORGANIZATION TO PROPOSAL TO EXTEND
DISTRICT BOUNDARIES OF THE
COMMUNITY REDEVELOPMENT AGENCY.
6. DEFER CONSIDERATION OF AGENDA ITEM
PZ2 (AMENDMENT TO MASTER AND
INCREMENT I DEVELOPMENT ORDERS OF
DOWNTOWN MIAMI DEVELOPMENT OF
REGIONAL IMPACT -DRI-) TO SCHEDULED
CITY COMMISSION MEETING OF FEBRUARY
10, 1998.
7. (A) DIRECT ADMINISTRATION TO ENFORCE
NEWSPAPAER VENDING RACKS
ORDINANCE.
(B) RESEARCH / DRAFT ORDINANCE TO
REGULATE BUSES ALLOWED TO RUN IDLE.
(C) DIRECT CITY MANAGER TO REQUEST
PPERSONNEL FROM FLORIDA POWER AND
LIGHT TO MONITOR OUT OF ORDER
STREET LIGHTS IN PUBLIC -RIGHT-OF-
WAYS.
(D) SCHEDULE FOR SECOND READING
PROPOSED ORDINANCE REQUIRING NOW
PROFIT AGENCIES TO PAY EQUIVALENT OF
AD VALOREM TAXATION.
DENY APPEAL OF ZONING BOARD
DECISION GRANTING SPECIAL EXCEPTION
AS LISTED IN ORDINANCE 11000, ARTICLE
4, SECTION 401 SCHEDULE OF DISTRICT
REGULATIONS, R-1 SINGLE FAMILY
RESIDENTIAL -- FOR ALLOWING ADDITION
TO EXISTING PLACE OF WORSHIP --
LOCATION: 2410 S.W. 14 STREET & 1450
S.W. 24 AVENUE -- FURTHER DISCUSS
NEED FOR NET ADMINISTRATORS TO
PROVIDE COMMISSIONERS WITH
RECOMMENDATIONS ON ZONING
MATTERS.
9. (A) CONSENTAGENDA.
(B) DISCUSS / DEFER CONSIDERATION OF
CONSENT AGENDA ITEM 3 (APPOINMENTS
TO DOWNTOWN DEVELOPMENT
AUTHORITY) TO SCHEDULED MEETING OF
FEBRUARY 10, 1998.
(C) CONTINUED / AMEND ESTABLISHEMENT
OF ACCOUNTS BY DADE COMMUNITY
FOUNDATION -- ESTABLISH HOMELESS
SETTLEMENT AND CHARITABLE FUNDS
FOR SPECIAL EVENTS ACCOUNTS WITH
INFORMAL RECORDKEEPING BY EACH
COMMISSIONER'S OFFICE AND CITY
CLERK.
(D) BRIEF DISCUSSION REGARDING
SCHEDULED FIRE FEE HEARING OF
FEBRUARY 24, 1998 -- FURTHER
INSTRUCTING MANAGER TO LIMIT AGENDA
FOR THAT DATE.
DISCUSSION
1 /27/98
DISCUSSION
1 /27/98
R 98-90
1 /27/98
R 98-91
1 /27/98
35-36
36-38
38-44
45-52
9.1
ACCEPT BID: APPRICOT OFFICE
R 98-92
52
SUPPLIES -- FOR OFFICE SUPPLIES
1/27/98
CITYWIDE -- ALLOCATE $325,000 FROM
VARIOUS USER DEPARTMENT'S BUDGETS.
9.2
AUTHORIZE SETTLEMENT: EMMA THOMAS
R 98-93
53
($65,000), CASE NO. 92-26666-CA (15).
1/27/98
9.3
AUTHORIZE DADE COMMUNITY
R 98-94
53-54
FOUNDATION TO ESTABLISH ACCOUNTS --
1/27/98
FOR HOMELESS PROGRAM -- FOR RAISING
/ DISPERSING TAX DEDUCTIBLE
CHARITABLE FUNDS.
10.
(A) DISCUSS CITY ATTORNEY'S
M 98-95
55-63
EVALUATION REPORT -- DENY REELECTING
R 98-96
A. QUINN JONES, III, AS CITY ATTORNEY.
M 98-96.1
(B) APPOINT JOEL EDWARD MAXWELL AS
M 98-97
INTERIM CITY ATTORNEY -- PREPARE
1/27/98
REQUEST FOR QUALIFICATIONS WITHIN
SEVEN DAYS -- SELECT CITY ATTORNEY BY
MARCH 1, 1998 AND ALLOW A. QUINN
JONES TO RE -APPLY -- DESIGNATE VICE-
CHAIRMAN TEELE TO COORDINATE
EFFORT.
(C) DIRECT CITY MANAGER TO BEGIN
IMPLEMENTATION OF STRATEGIC PLAN
PROCEDURE FOR LAW DEPARTMENT.
(D) DISCUSS DEVELOPMENT OF POLICY
STATEMENT FOR USE OF OUTSIDE
COUNSEL.
11.
DISCUSS / DEFER CONSIDERATION OF
M 98-98
63-65
AGENDA ITEM 4 (AMEND SECTION 18-182
1/27/98
OF CODE -- ELIMINATE REQUIREMENT FOR
TWO APPRAISALS FOR SALE OF CITY -
OWNED PROPERTY).
12.
FIRST READING ORDINANCE: AMEND
ORDINANCE
65-66
CAPITAL IMPROVEMENTS ORDINANCE
FIRST
11337 -- APPROVE SCHEDULED CAPITAL
READING
IMPROVEMENT PROJECTS FOR FY'97-'98.
1/27/98
13.
FIRST READING ORDINANCE: AMEND CITY
ORDINANCE
67
CODE, SECTION 40-250, (GESE TRUST) --
FIRST
PROVIDE FOR REJECTION OF MEMBERSHIP
READING
BY ASSISTANT CITY MANAGER & SPECIAL
1/27/98
ASSISTANTS TO THE CITY MANAGER.
14.
FIRST READING ORDINNACE: AMEND
ORDINANCE
68-69
SECTIONS 55-1 AND 55-10 OF CODE
FIRST
RELATING TO CITY BUILDING PERMITS --
READING
FOR CONSTRUCTION ON GOVERNMENTAL
1/27/98
AGENCY -OWNED LAND.
15.
DISCUSS / DEFER CONSIDERATION OF
DISCUSSION
69-74
AGENDA ITEM 8 (AMEND SECTION 22-12 OF
1/27/98
CODE: REDUCTION OF SOLID WASTE FEE)
FOR SCHEDULED MEETING OF MARCH 10,
1998 -- FURTHER REQUEST TO SCHEDULE
PUBLIC HEARING FOR THAT DATE.
16.
APPOINT GERALD SILVERMAN / FRANKIE
M 98-99
74-80
ROLLE / MARTIN GARCIA TO CIVIL SERVICE
M 98-100
BOARD.
R 98-101
1/27/98
17.
DISCUSSION REGARDING BUILDING AND
DISCUSSION
80-81
ZONING ADVISORY COMMITTEE.
1/27/98
18.
DISCUSS PROLIFERATION OF SPECIAL
DISCUSSION
81-86
RESIDENTIAL FACILITIES FOR ELDERLY
1/27/98
AND MENTALLY ILL IN FLAGAMI DISTRICT.
19.
DISCUSS JERRY POTTER'S CONCERN
DISCUSSION
86-92
ABOUT SOLID WASTE AND TRASH BILLING
1/27/98
AND INSPECTION SCHEDULE PROBLEMS
AT 828 N.W. 9 COURT
20.
APPROVE EXECUTIVE COMPENSATION AND
R 98-102
92-97
BENEFITS STUDY WITH AND WITHOUT
M 98-102.1
$96,000 CAP -- FURTHER DIRECT CITY
1/27/98
MANAGER TO CONDUCT COMPETITIVE
NEGOTIATIONS WITHOUT PREJUDICE --
FOR COMPREHENSIVE EVALUATION OF
COMPENSATION POLICY FOR HIGH LEVEL
PERSONNEL.
21. VICE-CHAIRMAN TEELE DISCUSSES NEED DISCUSSION
FOR LEGISLATIVE BUDGET OFFICER AND 1/27/98
FOR BUDGET ADJUSTMENT IN APRIL.
22. (A) APPROVE REQUEST FOR MAJOR USE
SPECIAL PERMIT -- FOR TERREMARK
BRICKELL II PROJECT -- FOR MULTI -USE
STRUCTURE -- LOCATION: 1435 BRICKELL
AVENUE -- APPLICANT: TERREMARK
BRICKELL II, LTD.
(B) ANNOUNCE MEETING OF COMMUNITY
REDEVELOPMENT AGENCY IMMEDIATELY
FOLLOWING PLANNING AND ZONING
AGENDA.
23. DENY APPEAL OF ZONING BOARD
DECISION WHICH APPROVED SPECIAL
EXCEPTION AS LISTED IN ORDINANCE
11000, ARTICLE 6, SECTION 602.4.1 -- FOR
SUPPER CLUB AT SLOPPY JOE'S --
LOCATION: 3131 COMMODORE PLAZA --
APPLICANT: COMMODORE PARTNERS, L.C.
R 98-103
1/27/98
R 98-104
1/27/98
97-98
99-101
101-110
24.
DENY APPEAL WITH CONDITIONS OF
R 98-105
ZONING BOARD DECISION WHICH
1/27/98
GRANTED SPECIAL EXCEPTION AS LISTED
IN ORDINANCE 11000, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT
REGULATIONS TO ALLOW TAVERN --
LOCATION: 1673 N.W. 27 AVENUE --
APPLICANT: VIA DEL RIO RESTAURANT --
FURTHER REQUEST FROM CITY MANAGER
TO LIMIT NUMBER OF PLANNING AND
ZONING AGENDA ITEMS AS WELL AS
DELIBERATION OF ZONING ISSUES --
DIRECT MANAGER TO HAVE NET
ADMINISTRATORS, CODE ENFORCEMENT
AND POLICE PERSONNEL PRESENT AT
MEETINGS.
25.
GRANT APPEAL WITH CONDITIONS OF
R 98-106
ZONING BOARD WHICH DENIED SPECIAL
1/27/98
EXCEPTION TO ALLOW A VETERINARY OR
ANIMAL CLINIC -- LOCATION; 2526 S.W. 27
AVENUE -- APPLICANT; HURLER HOLDING
CORP.
26.
CONTINUE TO PLANNING AND ZONING
M 98-107
MEETING OF MASRCH 24, 1998,
1/27/98
CONSIDERATION OF PZ6 (APPEAL OF
ZONING BOARD DECISION DENYING
APPEAL OF DENIAL OF CLASS I SPECIAL
PERMIT ON OCTOBER 31, 1997 TO ALLOW
DANCE HALL -- LOCATION: 6102-04 N.W. 7
AVENUE -- APPLICANT: HENRY KENDRICK).
27.
GRANT APPEAL OF ZONING BOARD
R 98-108
DECISION WHICH DENIED VARIANCE TO
1/27/98
PERMIT RECREATION ROOM WITH SIDE
SETBACK OF O'-O" -- LOCATION 54 N.W. 56
COURT -- APPLICANT: RANDALL WISE --
FURTHER DIRECT ADMINISTRATION TO
WORK WITH RAFAEL RODRIGUEZ ON
SIMILAR PROBLEM TO ENSURE PARITY OF
TREATMENT.
28.
SECOND READING ORDINANCE: AMEND
ORDINANCE
ORDINANCE 10544 FROM DUPLEX
11596
RESIDENTIAL TO GENERAL COMMERCIAL --
1/27/98
CHANGE FUTURE LAND USE ELEMENT OF
COMPREHENSIVE NEIGHBORHOOD PLAN --
LOCATION: 2301 N.W. 12 AVENUE, 1170,1182
& 1192 N.W. 24 STREET -- APPLICANT:
TRUJILLO & SONS, INC.
111-125
125-129
130-136
137-143
144-145
29. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000 FROM R-2 TWO-FAMILY
RESIDENTIAL AND SD-12 BUFFER OVERLAY
DISTRICT TO C-2 LIBERAL COMMERCIAL TO
CHANGE ZONING ATLAS -- LOCATION: 2301
N.W. 12 AVENUE, 1170,1182 & 1192 N.W. 24
STREET -- APPLICANT: TRUJILLO & SONS,
INC.
30. SECOND READING ORDINANCE: AMEND
ORDINANCE 10544 FROM SINGLE FAMILY
RESIDENTIAL TO RESTRICTED
COMMERCIAL TO CHANGE FUTURE LAND
USE ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN -- LOCATION: 2272
S.W. 7 STREET -- APPLICANT: HECTOR &
MARIA LEONOR MORALES-GEORGE.
31. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000 FROM R-1 SINGLE
FAMILY RESIDENTIAL AND SD-12 BUFFER
OVERLAY DISTRICT TO C-1 RESTRICTED
COMMERCIAL TO CHANGE ZONING ATLAS --
LOCATION: 2272 S.W. 7 STREET --
APPLICANT: HECTOR & MARIA LEONOR
MORALES-GEORGE.
32. SECOND READING ORDINANCE: AMEND
ORDINANCE 10544 FROM RESTRICTED
COMMERCIAL TO GENERAL COMMERCIAL
TO CHANGE FUTURE LAND USE ELEMENT
OF COMPREHENSIVE NEIGHBORHOOD
PLAN -- LOCATION: 3625 N.E. 2 AVENUE --
APPLICANT: PLANNING AND
DEVELOPMENT.
33. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000 FROM PARKS AND
RECREATION SD-8-DESIGN PLAZA
COMMERCIAL -RESIDENTIAL TO CHANGE
ZONING ATLAS -- LOCATION: 3625 N.2. 2
AVENUE -- APPLICANT PLANNING AND
DEVELOPMENT.
34. FIRST READING ORDINANCE: AMEND
ORDINANCE 10544 FORM SINGLE FAMILY
RESIDENTIAL AND MAJOR INSTITUTIONAL
PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES TO RESTRICTED COMMERCIAL
TO CHANGE FUTURE LAND USE ELEMENT
OF , COMPREHENSIVE NEIGHBORHOOD
PLAN -- LOCATION: 2401, 2411, 2415, 2445
WEST FLAGLER STREET AND 25 N.W. 24
COURT -- APPLICANT: MAINSTREAM
PARTNERS, LTD.
ORDINANCE
11-597
1 /27/98
ORDINANCE
11598
1 /27/98
ORDINANCE
11599
1 /27/98
ORDINANCE
11600
1 /27/98
ORDINANCE
11601
1 /27/98
ORDINANCE
FIRST
READING
1 /27/98
146-147
147-148
148-149
150-151
151-152
152-157
35. FIRST READING ORDINANCE: AMEND
ORDINANCE 11000 FROM R-1 SINGLE
FAMILY RESIDENTIAL AND G/I
GOVERNMENT AND INSTITUTIONAL TO C-1
RE4STRICTED COMMERCIAL TO CHANGE
ZONING ATLAS -- LOCATION: 2401, 2411,
2415, 2445 WEST FLAGLER STREET AND 25
N.W. 24 COURT -- APPLICANT: MAINSTREAM
PARTNERS, LTD.
36. CONTINUE TO MEETING OF MARCH 24, 1998
AFTER 2:P.M., CONSIDERATION OF AGENDA
ITEM PZ18 (PROPOSED CHANGE OF LAND
USE DESIGNATION AT 3615 N.W. 23
COURT -- AND OF AGENDA ITEM PZ19
(PROPOSED CHANGE OF ZONING FROM R-3
MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO C-2 LIBERAL
COMMERCIAL).
37. ACCEPT $1,250.00 DONATION FOR PARKS
AND RECREATION FROM SOTOLONGO
ARCHITECTS -- FOR JEFFREY EDINBERG
MEMORIAL PROJECT LOCATED IN
PEACOCK PARK -- FURTHER DIRECT
ADMINISTRATION TO ENCOURAGE
DONATION OF TREES AS MEMORIALS.
38. FIRST READING ORDINANCE: AMEND
ORDINANCE 10544 FROM RESTRICTED
COMMERCIAL TO GENERAL COMMERCIAL --
CHANGE FUTURE LAND USE ELEMENT OF
COMPREHENSIVE NEIGHBORHOOD PLAN --
LOCATION: PROPERTIES BOUNDED BY
NORTH MIAMI AVENUE, N.E. 2 AVENUE, I-
195 AND N.E. 36 STREET, INCLUDING LOTS
1,2,23,24 OF BLOCK 10 OF PRINCESS PARK
SUBDIVISION -- APPLICANT: PLANNING AND
DEVELOPMENT.
39. FIRST READING ORDINANCE: AMEND
ORDINANCE 11000 FROM C-1 RESTRICTED
COMMERCIAL TO SD-6 CENTRAL
COMMERCIAL - RESIDENTIAL DISTRICT TO
CHANGE ZONING ATLAS -- LOCATION: N.E.
11 TERRACE ON NORTH; N.E. 2 AVENUE ON
WEST; BISCAYNE ON EAST AND THAT
PORTION OF FEC RIGHT OF WAY LOCATED
BETWEEN N.E. 6 STREET AND N.E. 7
STREET ON SOUTH -- APPLICANT:
PLANNING AND DEVELOPMENT.
ORDINANCE
FIRST
READING
1 /27/98
M 98-109
1 /27/98
R 98-110
1 /27/98
ORDINANCE
FIRST
READING
1 /27/98
ORDINANCE
FIRST
READING
1 /27/98
158-160
160-163
164-166
167-168
168-169
40. DISCUSS / DEFER CONSIDERATION OF
AGENDA ITEM PZ22 (AMEND ARTICLE 6,
SECTION 602, COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT, OF ZONING
ORDINANCE 11000) TO MEETING OF JULY
20, 1998) -- FURTHER ESTABLISH WORKING
GROUP TO REPORT TO MANAGER
REGARDING THIS ISSUE.
41. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE, ARTICLE 6, SECTION
602.4.1.1 TO PERMIT SALES, DISPLAY AND
SERVICE ACTIVITIES TO OPERATE FROM
PARTIALLY ENCLOSED SPACES --
APPLICANT: PLANNING AND
DEVELOPMENT.
42. SECOND READING ORDINANCE: ADD
CHAPTER 15 (EXTERIOR FACADE CODE) TO
CITY CODE -- APPLICANT: PLANNING AND
DEVELOPMENT.
43. SECOND READING ORDINANCE: AMEND
ARTICLES 9 AND 11 OF ZONING
ORDINANCE -- DELETE SUBSECTION 1104.4
THROUGH 1104.4.1 FROM ARTICLE 11 --
SUBSTITUTE SUBSECTION 926.15.2.1 TO
ARTICLE 9 -- AMEND SUBSECTION
926.15.2 -- ALLOW TEN OUTDOOR
BILLBOARDS -- APPLICANT: PLANNING AND
DEVELOPMENT.
44. FIRST READING ORDINANCE: AMEND
ARTICLE 6 OF ZONING ORDINANCE -- ADD
SECTION 602.4.1.3: SALES DISPLAY AND
SERVICE ACTIVITIES WITHIN OPEN OR
PARTIALLY OPEN SPACE FOR SD-2
COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT -- APPLICANT: PLANNING AND
DEVELOPMENT.
45. CONTINUE TO SCHEDULED MEETING OF
MARCH 24, 1998, CONSIDERATION OF
AGENDA ITEM PZ-27 (PROPOSED FIRST
READING ORDINANCE: AMEND ARTICLE 9,
SECTION 920.2.2 OF ZONING ORDINANCE --
SET FORTH REGULATIONS ALLOWING
STORAGE OF RECREATIONAL VEHICLES IN
FRONT YARDS -- APPLICANT: PLANNING
AND DEVELOPMENT).
M 98-111
1 /27/98
ORDINANCE
11602
1 /27/98
ORDINANCE
11603
1 /27/98
ORDINANCE
11604
1 /27/98
ORDINANCE
FIRST
READING
1 /27/98
M 98-112
1 /27/98
169-177
177-178
179-180
180-181
181-186
187-189
46.
FIRST READING ORDINANCE: AMEND
ORDINANCE
190-191
ARTICLE 4, SECTION 401, SCHEDULE OF
FIRST
DISTRICT REGULATIONS, OF ZONING
READING
ORDINANCE -- MODIFY REGULATIONS FOR
1/27/98
CENTRAL BUSINESS DISTRICT TO ADD
WHOLESALE USES WITH LIMITATIONS ON
GROUND FLOOR PEDESTRIAN PATHWAY
STREETS -- APPLICANT: PLANNING AND
DEVELOPMENT.
47.
FIRST READING ORDINANCE: AMEND
ORDINANCE
192-193
ARTICLE 9 OF ZONING ORDINANCE --
FIRST
INTRODUCE SECTION ENTITLED "VENDING
READING
ON PRIVATE CONSTRUCTION SITES" -- SET
1/27/98
FORTH REGULATIONS TO ALLOW VENDING
VEHICLES ON PRIVATE CONSTRUCTION
SITES PRIOR TO CERTIFICATE OF
OCCUPANCY -- APPLICANT: PLANNING AND
DEVELOPMENT.
48.
FIRST READING ORDINANCE: AMEND
ORDINANCE
193-194
ARTICLE 9, SECTION 936:"CHILD CARE
FIRST
CENTERS" -- MODIFY REGULATIONS FOR
READING
PARKING AND ALLOW REDUCTIONS --
1/27/98
APPLICANT: PLANNING AND
DEVELOPMENT.
49.
DENY REQUEST FOR PROPOSED FIRST
M 98-113
195-196
READING ORDINANCE TO AMEND ARTICLES
1/27/98
9 AND 25 OF ZONING ORDINANCE,
"ACCESSORY USES AND STRUCTURES" --
TO ADD BANKING AND TRAVEL SERVICE
USES WITHIN R-3 AND MORE LIBERAL
DISTRICTS.
50.
FIRST READING ORDINANCE: AMEND
ORDINANCE
196-197
ARTICLE 6, SECTION 606.8: "CENTRAL
FIRST
COMMERCIAL -RESIDENTIAL DISTRICT' --
READING
MODIFY PROVISIONS REGARDING
1/27/98
SETBACKS AND CLARIFY OTHER
SUBSECTIONS -- APPLICANT: PLANNING
AND DEVELOPMENT.'
51.
FIRST READING ORDINANCE: AMEND
ORDINANCE
197-198
ARTICLE 6, SECTION 602.10.1 OF ZONING
FIRST
ORDINANCE -- MODIFY METHOD OF
READING
PAYMENT FOR SUPPLEMENTARY PARKING
1/27/98
WAIVERS OF OFF-STREET PARKING -- FOR
SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT -- APPLICANT:
PLANNING AND DEVELOPMENT.
52.
FIRST READING ORDINANCE: AMEND
ORDINANCE
198-200
ARTICLE 4, SECTION 401, SCHEDULE OF
FIRST
DISTRICT REGULATIONS OF ZONING
READING
ORDINANCE -- ALLOW FOR HOTEL USES
1/27/98
WITHIN PORTION OF R-4 ZONING DISTRICT
ALONG BRICKELL AVENUE CORRIDOR AT
S.E. 25TH ROAD INTERSECTION -- FURTHER
TO HOTELS AND MOTELS TO BE
PERMITTED BY CLASS II SPECIAL PERMIT
RATHER THAN BY SPECIAL EXCEPTION --
APPLICANT: PLANNINF AND DEVELOPMENT.
53.
(A) COMMENDATION OF HERB BAILEY,
SEOPW/OMNI
200-212
RETIRED EXECUTIVE DIRECTOR OF CRA
R 98-1
(COMMUNITY REDEVELOPMENT AGENCY).
SEOPW/OMNI
(B) APPROVE BUDGET FOR COMMUNITY
R 98-2
REDEVELOPMENT AGENCY FOR
SEOPW/OMNI
SOUTHEAST OVERTOWN/PARK WEST AND
R 98-3
OMNI DISTRICTS.
SEOPW/OMNI
(C) ENGAGEMENT OF KPMG PEAT
R 98-3.1
MARWICK AND WATSON - RICE AS
SEOPW/OMNI
AUDITORS OF CRA FOR SEOPW AND OMNI
R 98-4
DISTRICTS RESPECTIVELY.
SEOPW/OMNI
(D) ENGAGEMENT OF PLANNING /
R 98-5
ARCHITECTURAL FIRM -- MODIFY EXISTING
SEOPW/OMNI
BOUNDARIES OF SEOPW / CRA.
R 98-6
(E) ISSUE REQUEST FOR QUALIFICATIONS
1/27/98
FOR PLANNING AND ADMINISTRATIVE
SERVICES TO CRA.
(F) AUTHORIZE THREE POSITIONS ON
STAFF OF CRA AND RECRUIT / HIRE FOR
SAME.
54.
AUTHORIZE CITY MANAGER AND
R 98-114
212-213
EXECUTIVE DIRECTOR OF BAYFRONT PARK
1/27/98
TRUST TO EXECUTE AMENDMENT TO
AGREEMENT WITH AT&T
COMMUNICATIONS, INC. -- FOR
SPONSORHIP OF MILDRED AND CLAUDE
PEPPER BAYFRONT PARK
AMPHITHEATER -- EXTEND TERM UNTIL
SEPTEMBER 30, 1998.
55.
DIRECT ADMINISTRATION TO SCHEDULE
M 98-115
214-215
PUBLIC HEARING TO TEMPORARILY CLOSE
1/27/98
CORNELIA STREET TO VEHICULAR
TRAFFIC.
56.
REQUEST REPORT FROM DOWNTOWN
DISCUSSION
215-216
DEVELOPMENT AUTHORITY CONCERNING
1/27/98
FUNDS TO MAINTAIN GUSMAN HALL.
57.
APPROVE REQUEST FROM ZANELI
R 98-116
216-219
PRODUCTIONS / DECLARE EXEMPTION
1/27/98
FROM CODE PROHIBITIONS WITH
CONDITIONS -- FOR. STAGING JOHNNY
VENTURA MUSICAL EVENT AT FLAGLER
DOG TRACK (401 N.W. 37TH AVENUE) ON
FEBRUARY 1, 1998.
58.
AUTHORIZE / DIRECT CITY MANAGER TO
M 98-117
219-221
ISSUE REQUEST FOR PROPOSALS FOR
1/27/98
LOBBYIST TO REPRESENT CITY IN
WASHINGTON, D.C.
59.
DISCUSS / DECLARE THAT MAYOR SHALL
R 98-118
221-222
BE TREATED FAIRLY RELATIVE TO OUTSIDE
1/27/98
EMPLOYMENT PRACTICES.
60.
APPOINT STEVEN MARIN TO MIAMI SPORTS
R 98-119
222-224
AND EXHIBITION AUTHORITY.
1/27/98
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of January, 1998, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 10:27 a.m. by Presiding Officer/Commissioner
Humberto Hernandez (hereinafter referred to as Chairman Hernandez), with the following
members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Chairman Humberto Hernandez (District 3)
Commissioner Tomas Regalado (District 4)
Alberto Ruder, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Arthur E. Teele, Jr. (District 5)
Chairman Hernandez: This morning for the innovation we have the Reverend Calvin Criollo
from the Association of Evangelical Pastors and Laymen which will be translated by Mr. Josue
Morales. Reverend.
Commissioner Plummer: Mr. Chairman, if I may?
Chairman Hernandez: Yes.
Commissioner Plummer: The reason for my delay, I regret being delayed to everybody here, but
it was because of the untimely passing of my pastor, long and dearly beloved pastor of St. Jude
Melkite Church on Brickell Avenue, was found this morning in the rectory. He had passed on at
age 77. For 25 years, he has served this community and served it well. He was dearly loved and
will be dearly missed. So, I would ask that that be incorporated in the prayers of this morning.
An invocation was delivered by Calvin Criollo, after which Chairman Hernandez then led those
present in a pledge of allegiance to the flag.
January 27, 1998
----------------------------------------------------------------------------------------------------------------
1. ISSUE CONDOLENCES TO FAMILY OF DECEASED PASTOR OF ST.
JUDE, REVEREND JOHN W. HADDAD.
Commissioner Plummer: Mr. Chairman, if I may? As usual, I would like to ask that a resolution
be spread upon the minutes and the appropriate resolution be sent to the church in honor of
Father John Haddad's passing this morning, and I so move.
Commissioner Regalado: Second.
Chairman Hernandez: All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-88
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF THE RIGHT
REVEREND MONSIGNOR JOHN W. HADDAD, UPON HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
NOTE FOR THE RECORD: At 10:30 a.m., Vice Chairman Teele
'r-
entered the ommission ambers.
2 January 27, 1998
----------------------------------------------------------------------------------------------------------------
2. PRESENTATIONS: NESTOR GARCIA - OUTSTANDING POLICE OFFICER
OF THE MONTH (DECEMBER, 1997)
Chairman Hernandez: Before we begin today's meeting and officially... I would like to... There
is one presentation, unless any of you on the board have a presentation. There is a presentation
to be given as the most outstanding officer of the month for the month of December, 1997. I
would like to call Officer Nestor Garcia for this award.
END OF DISCUSSION
----------------------------------------------------------------------------------------------------------------
3. CITY MANAGER INTRODUCES CHRISTINA CUERVO AS ASSISTANT
CITY MANAGER.
Chairman Hernandez: Before we begin our regular scheduled items I would like to pass the
floor to our City Manager, Jose Garcia -Pedrosa, for a presentation.
Mr. Jose Garcia -Pedrosa (City Manager): Thank you, Mr. Chairman, members of the
Commission. It is with pride that I want to introduce, reintroduce to the Commission, someone
who we all know very well, and for the public, too well, reporting to work again for the first time
this morning as the new Assistant City Manager, Christina Cuervo. Christina has served the City
with distinction in the past and most recently has served as Executive Vice President of the
Beacon Counsel and I would like to ask you to join me in welcoming here back to the City at this
time. [APPLAUSE]
Commissioner Gort: Well, Mr. Manager, I hope that the leads that she got from Beacon
Counsel, she can bring into the City of Miami.
END OF DISCUSSION
----------------------------------------------------------------------------------------------------------------
4. CHAIRMAN HERNANDEZ EXPLAINS ORDER OF THE DAY
Chairman Hernandez: For today's record, we are going to begin with PZ-1 through PZ-2, and
then regular non -Planning and Zoning items one through thirteen. After 2:00 p.m., we will be
taking PZ-2 through PZ-34. We will be breaking at noon today so most of us can attend, if you
want to attend, the ground breaking of the new Arena which will take place at 2 o'clock and we
will be reconvening at three in the afternoon. As to our first item on the agenda...
Vice Chairman Teele: Mr. Chairman.
3 January 27, 1998
Chairman Hernandez: Yes, Vice Chairman Teele.
Vice Chairman Teele: What time will be...? The ground breaking that you make reference to,
which I guess presupposes that we are just rubber stamps here...
Chairman Hernandez: Right.
Vice Chairman Teele: ... is scheduled for two o'clock.
Chairman Hernandez: Two o'clock.
Vice Chairman Teele: Is it your intent to recess and then allow for us to come back here after
that activity?
Chairman Hernandez: Correct.
Vice Chairman Teele: Then, could we just read into the record that the CRA (Community
Redevelopment Agency) meeting would be deferred until say, three o'clock, and it's scheduled
for two. We are going to come back at two thirty and then, we will take up the regular
Commission meeting after that. Is that satisfactory?
Chairman Hernandez: That is... I have no problem with that. I had you at the CRA Board
meeting taking place at...
Vice Chairman Teele: At two.
Chairman Hernandez: OK.
Vice Chairman Teele: So, there is no...
Chairman Hernandez: I did not have it on the agenda, but that's fine. So, when we come back at
three o'clock, we will start with the CRA meeting and then proceed with the regular Commission
items.
END OF DISCUSSION -- NO ACTION TAKEN
4 January 27, 1998
----------------------------------------------------------------------------------------------------------------
5. (A)APPROVE MAJOR USE SPECIAL PERMIT FOR AMERICAN AIRLINES
ARENA AT 601 BISCAYNE BOULEVARD -- FOR MULTI -USE
STRUCTURE CONSISTING OF ARENA, OFFICE / COMMERCIAL /
PARKING COMPONENT -- APPLICANT: CITY OF MIAMI, MIAMI-
DADE COUNTY, BASKETBALL PROPERTIES, LTD.
(B)DISCUSS THE MIAMI HEAT USING FIRST SOURCE HIRING
AGREEMENT IN BUILDING NEW ARENA.
(C)DISCUSS ACTUAL CONDITIONS FOR BUILDING NEW ARENA
(INCLUDED IN PAGES 52,53, 54 OF BACKUP DATA).
(D)REQUEST BRIEFING PERTINENT ENTITIES: COMMUNITY
REDEVELOPMENT AGENCY / DOWNTOWN DEVELOPMENT
AUTHORITY / MIAMI SPORTS AND EXHIBITION AUTHORITY AND
COMMISSIONERS - BEFORE FINALIZATION OF ARENA PLANS --
(E) REGARDING PEDESTRIAN ACCESS AND PUBLIC SAFETY ISSUES.
DISCUSS FEASIBILITY OF BUILDING TUNNEL FROM PORT
BOULEVARD TOWARD I-395 -- CONSIDER DEPRESSING AREA OF
BISCAYNE BOULEVARD ADJACENT TO PERFORMING ARTS
CENTER AND I-395.
(F) DISCUSS SECURITY AND PUBLIC SAFETY ISSUES AROUND NEW
ARENA AREA.
(G)INQUIRE ABOUT ESTABLISHING SPECIAL LIGHTING DISTRICT
AROUND NEW ARENA TO EMPHASIZE PUBLIC SAFETY.
(H)BRIEF COMMENTS REGARDING THE FUNDING OF GUSMAN HALL
BY DOWNTOWN DEVELOPMENT AUTHORITY.
(I) DISCUSS FORMALIZING FIRST SOURCE HIRING AGREEMENT WITH
THE MIAMI HEAT BY NEXT COMMISSION MEETING.
(J) ASSIST WELFARE TO WORK CLIENTS THROUGH FIRST SOURCE
HIRING FOR NEW ARENA -- FURTHER INSTRUCT CITY MANAGER
TO ASSIGN EMPLOYEE TO MONITOR SAID PROGRAM THROUGH
NET OFFICES.
(K)URGE THE MIAMI HEAT ORGANIZATION TO VOLUNTARILY
PARTICIPATE IN CITY PARKS AND RECREATION PROGRAMS.
(L) DIRECT ADMINISTRATION TO ENSURE THAT FUTURE CITY LAND
TRANSFERS CONTAIN PROVISO OF PAYMENT IN LIEU OF TAXES --
FURTHER DISCUSS POSSIBLE SUPPORT BY THE MIAMI HEAT
ORGANIZATION TO PROPOSAL TO EXTEND DISTRICT
BOUNDARIES OF THE COMMUNITY REDEVELOPMENT AGENCY.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Teele: Thank you, Mr. Chairman.
Commissioner Plummer: Let me ask you a question, Mr. Chairman?
Chairman Hernandez: Commissioner Plummer.
Commissioner Plummer: I guess I am a little upset by Arthur's statement. I don't think we are
here as rubber stamps, at least I never considered myself to be such, and I assume we have the
right to do what we think is right, and I am sure going to vote accordingly. And, Commissioner,
one of the things that I was hoping and if you don't bring it up, I'm going to bring it up, and that
5 January 27, 1998
is the Single Source of Hiring. I think that's within our purview to do such, and I think this is the
time to do it, and we'll govern ourselves accordingly, and I'll follow your lead because it was
your idea.
Vice Chairman Teele: Mr. Chairman, if I may? I don't know, I've not asked the attorney the
question because I was advised previously there was no matter relating to the Miami Arena that
would ever come up again, that would be germane to the Single Source or the First Source
Hiring Agreement which was a part of the laws of this City, code of this City. It's obvious that a
decision like this should have been attached as a condition associated with the sale of the transfer
of the land. I don't know whether it's appropriate, I'm relying upon the City Attorney's previous
statement in the open Commission meeting that this matter would not come back, but my
reference to being a rubber stamp is this. If this Commission is contemplating an independent
action, then it would seem to me the Miami Heat and the powers that be owe this Commission
and the citizens of this City an apology. A ground breaking has been scheduled, you know,
thousand of dollars of letters have been sent out and obviously, we are in the position now, we
have been placed in the position of having to approve something this morning, and that approval
is almost presupposed if not preordained. I for one will not participate in anything that basically
says that I am just here as a rubber stamp. And, you know, you can... You don't have to like it,
but the fact of the matter is, is that this Commission has been placed in a position and maybe this
is the way it's worked in the past. I am going to object on the record to it, because I think any
time someone is coming before us and presupposes what we are going to do and takes the
tremendous opportunity to put, to try to put the citizens of the City of Miami in a box, it really
doesn't speak well of us and it speaks in volumes to them. On the question, I would ask the City
Attorney, is that an appropriate...? Can that be done at this time?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Commissioner, Mr. Vice Chairman, are you
speaking to the Sole Source Agreement?
Vice Chairman Teele: I'm... No, I'm not referring to any Sole Source Agreement. I am
referring to the code of the City of Miami...
Mr. Jones: Yes.
Vice Chairman Teele: ... that provides for First Source Hiring Agreement...
Mr. Jones: That's correct.
Vice Chairman Teele: ... which basically says, and particularly in light of the Welfare to work
and the Mayor's Economic Summit and... which one of the main things is how we are going to
put people to work.
Mr. Jones: Uh-huh.
Vice Chairman Teele: Is there an opportunity based upon the matter that is before us today, the
special use to add that as a condition?
Mr. Jones: Certainly, you can attach it as a condition.
Vice Chairman Teele: Well...
Mr. Jones: I mean, the... The Commission has done this on many occasions. You... It's
perfectly legal for you to attach that as a condition.
Vice Chairman Teele: Well, let me say this, I am in a box. Number one, I asked specifically...
6 January 27, 1998
Commissioner Plummer: I'll sell him.
Vice Chairman Teele: I specifically asked you before in an open meeting, was there an
opportunity to do this. You told me no, that there was no... That is gone, done, finished, stick a
fork in it. It was done and... That's fine. Now, now, look.
Commissioner Plummer: Couldn't stop the sale.
Vice Chairman Teele: This is how the City of Miami can start to look silly. The bids have gone
out. They have already announced contractors and all of that. If we start adding requirements
on that were not bid upon, and obviously my position is, this requirement is going to save people
money, not cost them money, but I don't know that. Obviously, the Welfare to Work Program
and the City's involvement in that as you have been the very leader of this, could even provide
soft dollars, but I don't know what the agreements are with the unions with a whole lot of other
things. And, what I am saying is that, I just think we have almost... we as a Commission have
almost waived our right...
Commissioner Plummer: I haven't.
Vice Chairman Teele: ... to do anything like this, because the time to do it in my judgment was
when we did the transfer of the land, not after the contract have gone out and the bids have been
done. They are at ground breaking now, which again speaks to the fact that we are here at the
13th hour today, not the 11th hour, but the 13th hour.
Commissioner Regalado: Mr. Chairman, if I may?
Commissioner Gort: Mr. Chairman.
Commissioner Regalado: I understand Vice Chairman Teele's concerns, and I was however
informed that the time of this vote, it is because somehow the administration postponed this issue
before this Commission and they were given... that's what I was told, wrong information in
terms of the timing of the meetings. I don't know if the Manager...
Mr. Garcia -Pedrosa (City Manager): Yes, sir.
Commissioner Regalado: ... would explain that, but... And, I understood at that time that
because it was our fault, in terms of the timing...
Commissioner Plummer: I think we are getting out at two.
Commissioner Regalado: ... and because they have a schedule to complete that I said, that I did
not have any problem with this vote and I did not consider that something that will hurt the
image of, at least, this Commissioner. It was our fault all along because we were not informed
properly of the different dates, and my understanding is even they had postponed twice the
ground breaking ceremony. So, that's, I guess, Mr. manager, if you can say this is the case.
Mr. Garcia -Pedrosa: Yes, you are correct, Commissioner. The information that I received when
I inquired into this is, is that sometime back, months ago, several months ago, The Heat was
given Commission meeting dates that were subsequently changed, but no one told The Heat of
the changes. So, they tailored their ground breaking to a... what turned out to be...
Commissioner Gort: An after...
7 January 27, 1998
Mr. Garcia -Pedrosa: ... an incorrect set of meeting dates for this Commission.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Mr. Chairman, there are two things that I would like to clarify, because I
hate to be seen as a rubber stamp and... I don't know if some of you are aware of the process, but
I also did receive a call where I was told the administration had given the wrong information to
these individuals, to The Miami Heat. The Miami Heat went according to that information that
was given to them and then it was changed. The reason they had imagined that... they think that
we are going to approve for it, because our staff, it's my understanding, our Planning
Department has been working with The Miami Heat for at least six or seven months in putting
this plan together. We at the DDA (Downtown Development Authority) had been working with
The Heat and our staff to make sure that we can incorporate a lot of the things that was in here.
And, one of the requests that we had in DDA is, we had feared that the commercial facility that
they want to build there would be in competition with some of the existing facilities that we have
already there. And, we were assured, as you read DDA's request and resolution, that one of the
things that we requested, that that would not take place. So, there has been a lot of work, that
has been going into... come in front of us today, and I want to make sure we know that. At the
same time, that doesn't mean that we are going to go 100 percent with whatever is in front of us.
We can still attach any conditions or make any changes that we would like to.
Commissioner Plummer: That's it.
Commissioner Gort: And that's what is important for the people to know.
Commissioner Plummer: Hey...
Commissioner Gort: And, that's what I wanted to state.
Chairman Hernandez: Let's move on. And, I agree with the comments you have made. I think
Vice Chairman Teele will feel a level of comfort once they make their presentation and again, it
seems to me that they were trying to... They were really trying to not bring about this perception
that this was going to be a rubber stamp situation. There were changes that were made beyond
their control, and once you hear their presentation, at least there will be some level of comfort
that you will feel... at least will explain the situation why they schedule the ground breaking
when they did. But, again, I don't think it's too late for anything, and that's why we are here
today. Lourdes, you may start.
Ms. Lourdes Y. Slazyk (Assistant Director/Planning Department): Thank you. The request on
PZ-1 before you is for a Major Use Special Permit for the American Airlines Arena project. It
will consist of 24,000 attraction seats; 37,500 square feet of office space; 40,000 square feet of
accessory commercial space; 1,147 parking spaces on site with 260 spaces off site. The facility
has a total of 1,415,921 gross square feet. The department has referred this project to our Large
Scale Development Committee, the Urban Review Board, Dade County Shoreline Development
Review Committee, the Zoning Board, the Planning Advisory Board and they have all
recommended approval of the project with a series of conditions to this Commission.
Commissioner Plummer: Read those to us, please.
Ms. Slazyk: OK, there are three pages of conditions. The most important one, the most... Do
you want me to read all three pages?
Commissioner Plummer: I think it should be on the record.
8 January 27, 1998
Ms. Slazyk: OK. The most critical is their traffic management plan. But, let me read them into
the record. "Approval of the Major Use Special Use permit shall be subject to recordation of the
following documents prior to issuance to building permits, unity of title or covenant in lieu
thereof, providing that the operation and maintenance will be by the property owner and the
recordation of the development order specifying that it runs with the land and it is binding on the
applicant. Pursuant to the Department of Public Works, the project requires plans for proposed
sidewalk and swell area improvements prior to issuance of building permits. This would include
the Burle Marx requirement. Pursuant to the Downtown NET (Neighborhood Enhancement
Team) office, the applicant has to submit a parking plan for the construction employees and
temporary parking arrangements for the... while the building is under construction. There will
be... They will be required to continually meet with the Police and Fire Department regarding
life safety issues prior to a Certificate of Occupancy being issued. Pursuant to the UDRB (Urban
Design Review Board), there are specific design issues which they have to address prior to a
building permit being issued with the exception of the sign specifically included in the
application for development approval which is the books before you, all other sign proposals
shall be subject to separate review and approval. We will want to signed package prior to the
CO to review and approve. Pursuant to Zoning Division, they will have to provide a survey and
site plan for their off -site parking spaces showing the locations of the parking lots that are going
to be used for the off -site spaces to ensure that they meet the distance requirements. Pursuant to
comments from the Zoning Division, all the driving lanes to be located on parcel "B", shall have
a minimum width of ten feet, that wasn't clear on their plans and they have to comply with that.
Turn radius, the project shall also... At the time we wrote this, we didn't have the Miami
Shoreline Development Review Committee resolution. That has to be turned into us prior to a
building permit. The traffic study that was submitted shows that there is sufficient capacity on
the roads to handle the traffic that is going to be generated by the Arena. Their traffic
management plan, however, has not been prepared yet for our review and approval. They need
to hire their consultants that are going to be handling the operations and they are awaiting some
operation from Dade County and their street improvements prior to doing the traffic
management plan."
Commissioner Plummer: Stop. What happens if we, the Commission do not agree with the
ultimate end of that study? We are approving here this morning, or asking to be approved. What
happens if down the line...? Because, let me tell you, it's one of the things that I have got written
here, is the traffic problem that's going to be created, not only by the Arena, but by the
Causeway is that... as you know, when those boats are coming in or out over there, it's
absolutely horrendous. It's horrendous there today, without another Arena. Now, how can we
be asked today, to approve something that hasn't been done?
Ms. Slazyk: Well, the...
Commissioner Plummer: Hello? As I here by myself"?
Ms. Slazyk: The traffic management plan that... The traffic study they have already prepared,
and that was accepted in the conclusion...
Commissioner Plummer: But, that was for the Arena only.
Ms. Slazyk: That's for the Arena.
Commissioner Plummer: Correct.
Ms. Slazyk: The traffic management plan will handle how they are going to move traffic in and
out, and they have to give that to us for review with all these committees and approval before
CO.
9 January 27, 1998
Commissioner Plummer: Again, if we don't agree with it, what happens?
Commissioner Gort: We give the CO, and they have to change it until you agree with it.
Ms. Slazyk: Yeah. We have...
Commissioner Plummer: Does this Commission approve it?
Ms. Slazyk: You can add that right now. You can request to see that six months prior to the
scheduled CO.
Commissioner Plummer: Please, that will be part of...
Ms. Slazyk: OK.
Commissioner Plummer: ... so that... I am concerned about the amount of traffic, not only just
cars but those 18 wheelers that are coming off that causeway every time you turn around. And,
like I say, today it's horrendous.
Ms. Slazyk: Yeah.
Commissioner Plummer: And, now you are going to be adding, not only that, hopefully the
other Arena is still going to do well. You have got another new Arena, you have got a
Performing Arts coming in there, you have got an Opera Center, all those things are great. But, I
think there has got to be some answers as to how we are not going to have one gigantic parking
lot.
Ms. Slazyk: Yeah.
Commissioner Plummer: So, I would ask that you...
Ms. Slazyk: That's DOT's (Department of Transportation) primary concern with that, was what
was going to spill over into the peak hour, and that's what we are going to be addressing with
DOT...
Commissioner Plummer: Absolutely.
Ms. Slazyk: ... and the applicant between now...
Commissioner Plummer: And, peak hours are not just seven to nine and five to seven, it's when
those boats are coming in or those boats are leaving. Each one of those boats carry what,
eighteen to 2,000 people?
Ms. Slazyk: All right, we will add to that condition that the traffic management plan is going to
require City Commission approval. Then there is a list of other downtown linkage issues that
were raised to us by the Downtown Development Authority in their review of the project.
Their... They have to... Their traffic management plan has to address these very specific issues.
Identification of approximately 4,600 off -site spaces within a ten minute walking radius,
identification of approximately 2,000 spaces within a five to ten minute shuttle bus connection,
identification of principle transit station connections within a ten minute walking radius,
identification of on site, site perimeter Metrobus, charter bus and shuttle bus loading locations
and circulation patterns serving the project, identification of downtown area primary pedestrian
pathways, interconnecting parking, transit and core area, employee resident concentrations with
10 January 27, 1998
the project. Identification of primary routes for shuttle and bus connections between remote
parking, transit and area employee neighborhood centers. I think they are expecting that in
theory a lot of the people that are coming to the Arena are going to be coming from their offices,
from nearby employment, residential areas and there maybe more transit usage than we have
seen in the past.
Commissioner Gort: Well, I can add to that. One of the things we looked at. We have a lot of
the facilities being built within certain neighborhoods to try to benefit the neighborhood. But,
these ideas are not contemplated. So, like the... when we built the first Arena, we thought that
that first Arena was really going to do... bring a lot of benefit and it did not. So, what we want to
make sure is, that we create a traffic pattern of the walking, the pedestrian pattern of people who
are staying downtown.
Ms. Slazyk: There are at least three stations that will have, you know, immediate accessibility to
the Arena, and they are going to identify through their traffic consultant what kind of ridership
and pedestrian patterns those are going to create. Then we will know if we need more
crosswalks, limit, you know, vehicle movements to right turn only. That sort of thing is what we
will work on throughout the traffic management plan with them.
Commissioner Plummer: Question. Is there anything written into the document that said that it
mandates they must provide shuttle service, they must provide bus service? In other words, let
me tell you the problem that we have had. At the other Arena, many times they don't want to
run the rapid transit, and it's created a problem where they want to cut it off at midnight and the
Arena doesn't empty out until one o'clock in the morning. I think that you need to write into this
document and mandate that where they are providing shuttle trolleys that they... whenever there
is an event, that they must provide the shuttle trolleys and they must provide the buses as
required by just what you said, but make it mandated...
Ms. Slazyk: OK.
Commissioner Plummer: ... so that people will not say, no, I am not going to park over there, I
am not going to do this or I am not going to do that.
Ms. Slazyk: What I would suggest is that when their traffic management comes back in they
may very well have that in there, but since the Commission is going to be reviewing and
approving that, that would probably be the appropriate place. We have to see what it is they
are...
Commissioner Plummer: Wherever it's appropriate.
Ms. Slazyk: Yeah.
Commissioner Plummer: But, to establish parking areas without the shuttle being available or
parking areas without the buses being available, to me they are of no value.
Ms. Slazyk: Correct.
Commissioner Plummer: People won't use them. So, you know, what I am hoping is, as Willy
said, that the people will... A lot of pedestrian use.
Ms. Slazyk: Uh-huh.
Commissioner Plummer: The people mover and the rapid transit. But, you are talking 24,000
seats.
11 January 27, 1998
Ms. Slazyk: Yes.
Commissioner Plummer: It's a lot of parking.
Ms. Slazyk: OK, we will add a condition that where their off -site spaces are located they must
provide shuttle and buses.
Commissioner Plummer: Absolutely.
Ms. Slazyk: OK. They also have to identify...
Commissioner Gort: Lourdes, let me add a little something.
Ms. Slazyk: I am sorry.
Commissioner Gort: We have through the DDA, there is an authority that was created to create
the traffic shuttles within the downtown Miami. My understanding, they have been in contact
with the Miami Heat, so those shuttles will be utilized. This is something we have been working
on also.
Commissioner Plummer: Great.
Ms. Slazyk: Identification of environmental design and enhancement measures that address
improvements to pedestrian pathways including lighting, security, esthetic enhancement,
crosswalks with particular emphasis on Biscayne Boulevard. Pedestrian signalization and
signage. This would include the pathfinder signage to the parking spaces. Financial and
operational responsibility for shuttle bus operations linking the project to public transit and
parking facilities. So, that's in there too, that they have to identify how it will be financed and
operated. Design and operational impact issues of a pedestrian bridge connection from the
Arena project from Bayside and Bayfront Park. That is their requirement, they have to build that
and they will have to identify it in their traffic management plan. Design and Operational
Impact issues of surface road improvements to the south side of Port Boulevard against to the
Bayside project, design and linkage issues of connecting a public bay -walk along the bulk
headline of the FEC (Florida East Coast) track to existing and proposed bay -walks to the public
park lands to the south and north of the project. And, identification of Pathfinders signage
design and locations for pedestrians and vehicular traffic accessing the project through adjacent
downtown areas including the Flagler Street core, Biscayne Boulevard, Southeast Overtown
Park West and the Omni Cultural Center district. The development order also includes
compliance with all the conditions and stipulations of our tri-party agreement with the County.
Compliance with all conditions and stipulations in the City -County Purchase and Sale
Agreement for the property and compliance with all conditions and stipulations in all the
covenants that have already been executed and recorded on the property. The County is, after all,
the owner and these are all agreements that we have in place and recorded with the County and
to the extent that The Miami Heat is responsible for any of those things they would have to
comply.
Commissioner Plummer: My understanding, and it's something i was told, and I don't know if
it's true or not. On -site parking are 1,200 and something spaces?
Ms. Slazyk: About 1,147.
Commissioner Plummer: And, that all of those have been sold to the people who are buying the
skyboxes?
12 January 27, 1998
Ms. Slazyk: I would have to let the applicant answer.
Commissioner Plummer: OK, they can address that when they come up. Now, I would assume
that they are going to have a major problem with parking, not from spectators, but just
employees, service providers. I have not seen a set of plans, I don't know if we are going to see
it this morning of loading bays and things of that nature which we have not see at this particular
time, that are going to be crucial. And, I would ask that that be put into the plan where in fact
the employees parking is going to be and how many spaces, and I think all of that is very, very
important because, you know, we are looking for this area to explode.
Ms. Slazyk: Uh-huh.
Commissioner Plummer: Willy, God bless him. The Omni is going to be revisited, is going to
be relived. We are looking to Performing Arts. We are looking at the Opera Center. I am sure
that somewhere down the road, very quickly is going to be in the idea of Bicentennial Park.
That's it. I only have one other question. Is there any provisions which I tried to find out and
couldn't find out, in reference to boats being docked? You know, this whole concept came about
for expansions of the port. That if we didn't do this project, that all of these boats that are being
built that are coming in are going to go to Broward County. Now, I ask the question again. I
don't see anywhere on this rendering, I see a boat way down to the north. My question is, is
there any way that there is going to be boats attached to this project? Because, remember, we
were told it could...
Ms. Slazyk: Yeah.
Commissioner Plummer: So, in other words, at this point the nine boats that are coming in for
the next three years, three a year, according to the Port of Miami which there is not room for, we
are going to lose, is that correct? I mean, my question to you is, there is no provisions for these
cruiseliners to go into this port... into this project now?
Ms. Slazyk: At this point, no, but it isn't precluded. The County owns the rest of the land and as
they come in to develop whatever it is they are gong to do with the piece that is not included in
this application, we will have to come before this Commission.
Commissioner Plummer: How things get...
Ms. Slazyk: At this point, it is not included.
Commissioner Plummer: How things get turned around.
Commissioner Gort: Well, my understanding, the County only owns part of it.
Commissioner Plummer: Owns what?
Commissioner Gort: The other part has not been purchased or bought by the County.
Commissioner Plummer: You mean the Bicentennial?
Commissioner Gort: The Bicentennial site.
Commissioner Plummer: Oh, no, Bicentennial we still have...
Commissioner Gort: OK, sure. OK, no, I...
13 January 27, 1998
Commissioner Plummer: ... under control the Bayfront Park, so I have the right to cut the grass.
Commissioner Gort: Right, OK.
Ms. Slazyk: OK. None of the property in this particular application is actually on the water.
The actual waterfront is either owned by the County or the City. This application is for a parcel
that is off the water. So, that's all we are reviewing at this point.
Chairman Hernandez: Lourdes, can you state your name and your position with the City of
Miami, please?
Ms. Slazyk: Oh, yes. Lourdes Slazyk, Assistant Director, Department of Planning and
Development.
Chairman Hernandez: OK, I would like to call at this point, the agent for the applicant, Judith A.
Burke.
Commissioner Plummer: Who is the applicant?
Ms. Judith A. Burke: Good morning, Mr. Chairman, Commissioners. My name is Judith Burke
with law offices at 201 South Biscayne Boulevard. I represent the applicant, Basketball
Properties, Limited, an affiliate of The Miami Heat.
Chairman Hernandez: Ms. Burke, if I may interrupt? I am sorry, we need to swear you in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Burke: Yes, I do.
Commissioner Plummer: Are you serving here for a fee?
Ms. Burke: Yes, I am.
Commissioner Plummer: Have you paid the fee to the City Clerk?
Ms. Burke: Absolutely.
Commissioner Plummer: Very good. I appreciate it.
Ms. Burke: And, we appreciate your consideration about the mix-up of the date of our ground
breaking. Let me explain that, when we thought we were going before the Commission in
December, we scheduled it for January 22nd. Then, we found out we won't going 'till January,
we were given the 22nd as the date, and so we changed the ground breaking to take place on the
27th, and low and behold the Commission date was changed. I would like to introduce the
members of The Heat organization and the development team that are with us today. We have
Jay Cross, who is President of Business Operations from The Heat organization. Next to him,
Eric Woolworth, who is a Vice President and General Counsel, next to him is Bill Samm, who is
Vice President of Design and Construction. This fantastic project was designed by the
architectural firm of Arquitectonica and they are represented today by Bernardo Fort -Brescia.
The landscaping plan for the Arena was designed by the firm of Curtis and Rogers, and Dick
Rogers is here to present that plan. The parking and traffic studies were prepared by David
Plummer and Associates.
14 January 27, 1998
Commissioner Plummer: No relation.
Ms. Burke: No. And, David is here today, together with Ramon Alvarez to address those issues.
Commissioner Plummer: I wish he was.
Ms. Burke: We would like to thank the Commission very much for all of your work that you
have done in structuring this transaction, and for your patience and perseverance in finalizing the
purchase and sale agreement with the County. We also appreciate your consideration in hearing
us this morning so that we can all attend the ground breaking. We would like to thank the entire
staff of your Planning and Zoning Department that have worked with us for a period of over
seven months putting together this application for your consideration today. We are trilled to
finally be here. We are very proud of the Arena and we are very proud of the enormous,
economic impact that it will have on the community. As outlined in the Economic Impact
Analysis that was prepared by Price Waterhouse and was made part of the Major Use Special
Permit application, the annual direct spending related to the Arena is estimated at eighty-seven
million dollars ($87,000,000). The Arena is expected to cost approximately one hundred and
ninety million dollars ($190,000,000). We think by our presentation today, that you will see that
it is well worth the money. We have come a long way and the only issue to be decided by this
Commission today, is the standard land use decision. The project is in compliance with all
requirements for the issuance of the Major Use Special Permit, and your staff is recommending
approval. As Lourdes described to you earlier, the project was reviewed and approved by the
City's Large Scale Development Committee in July, 1997, by your Urban Design Review Board
in October of 1997, by unanimous approval of your Zoning Board on December 15th, by
unanimous approval of your Planning Advisory Board on December 17th, and just recently by
the Dade County Shoreline Development Review Committee. In light of the record that was
made at all these proceedings, we don't want to take up your time by making a lot of self-serving
comments. We would simply like to incorporate into today's meeting the full and complete
record of all the previous hearings so that we will have more time to address the issues that are
important to you. At this time, I would like to turn the meeting over to Bernardo Fort -Brescia of
Arquitectonica to present the American Airlines Arena.
Mr. Bernardo Fort -Brescia: Good morning. My name is Bernardo Fort -Brescia and my
principle is Arquitectonica.
Chairman Hernandez: Sir, if I may interrupt you a second. Everyone that's going to be testifying
on this issue or giving a statement, can you please just stand up and we can swear you all in at
this point in time.
Commissioner Plummer: And, we hope all of your checks for six hundred dollars ($600) have
been registered with the Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele?
Vice Chairman Teele: Before you start, I have had some very unpleasant experiences in the
County and I don't want to have those experiences in the City. Everyone who has met with me
on this matter, I hope you are registered, without getting into name calling. Before it's over, Mr.
15 January 27, 1998
Clerk, I want you to read into the record, everyone that's registered. And, I would assume that
everyone that has met with the County staff, the City staff and City Commissioners would be
registered appropriately. And, the only purpose is so that the public knows who we are doing
business with. It's not designed to be punitive. It's not designed to be an embarrassment, but it
really is an embarrassment when you have lobbyists and lawyers, and members of the Florida
Bar who are not registered, as I have already determined. And, the one young man who has a
repeated record and history of not being registered should bring himself into compliance, Mr.
Cross, since he is representing you. This young lawyer who has a repeated history of never
registering, even in the County or the City, yet he is all over City Hall representing clients. And,
he is going to have to get registered over here if he is going to represent you.
Commissioner Plummer: Just for the record, I will tell you that none of them took the advantage
of coming to my office to lobby me, to talk to me or to batter me, so I don't have any problem
there.
Commissioner Gort: Commissioner Teele, you must have something special because I never got
a notice by anybody.
Commissioner Plummer: They all hate me. What can I tell you.
Chairman Hernandez: Go ahead.
Mr. Fort -Brescia: I have to repeat everything again.
Chairman Hernandez: Yes. State your name and address, please.
Mr. Fort Brescia: Yeah, my name is Bernardo Fort -Brescia. I am an architect and principal with
an architectural firm, Arquitectonica, located at 550 Brickell Avenue in the City of Miami.
Today, I am going to introduce to you the design concepts that have led to the design of this
building and how it is sited on its location on Biscayne Boulevard. I will begin with the boards
that I have here.
Mr. Joel E. Maxwell (Interim City Attorney): Mr. Chairman, I would suggest that this
discussion be on the record between the various Commissioners.
Chairman Hernandez: No problem. No problem. For the record, we are discussing the lobbying
registration and the fee, and basically, if you can make a statement to that fact on what you are
going to do by the end of the day, by the end of your presentation.
Ms. Burke: Yeah. Fine. We were all registered last year and usually the notices go out in
January. Before we leave today, we will make sure that the 1998 registration fees are all paid in
full.
Chairman Hernandez: Thank you, very much.
Ms. Burke: Thank you.
Commissioner Gort: Mr. Chairman, let me ask you a question because this is something that
comes up in front of us quite a bit and we talked about lobbyists, but in addressing professionals,
I think if you have professionals coming in here, like architects, traffic study, if we ask question,
could that be considered different from being a lobbyist?
Chairman Hernandez: Well...
16 January 27, 1998
Mr. Maxwell: Commissioner.
Chairman Hernandez: Yes...
Mr. Maxwell: Mr. Chairman, the lobbyist ordinance has a specific provision in it that allows for
the Commission to direct questions to those professionals who may not be registered as lobbyists
but are still allowed to respond to questions from the Commission dais.
Ms. Burke: May I add that our architects, all of our planners did register in 1997 and will re-
register this morning.
Chairman Hernandez: Thank you, very much.
Ms. Burke: So, everybody who is presenting today, is ready.
Chairman Hernandez: Thank you, very much. Mr. Fort Brescia...
Mr. Fort Brescia: May I continue?
Chairman Hernandez: Please.
Mr. Fort Brescia: On this board to the right, the area that you see shaded in gray corresponds to
the subject site on which the building would be located. As you can see, it is bounded by
Biscayne Boulevard, the Port Boulevard, the access road to the Port to the south. To the north
with a line that is in the direction to the access of Northwest... Northeast 8th Street. A street
which will be continued into the site and brought forward so that the City grid actually will
traverse Biscayne Boulevard and penetrate the site toward the waterfront.
Commissioner Plummer: That's 8th Street?
Mr. Fort -Brescia: That is 8th Street, that's right. And, part of the planning philosophy of this
project was precisely to bring the City street system beyond Biscayne Boulevard and into the
site. And, you can see that there is a direct extension of 8th Street into the site which becomes
the boundary, the northern boundary of the property. You can see in this line beyond, the current
waterfront created by the original docking space or ships which is not necessarily the intended
eventual location if the port were to be expanded. We don't reach out to that waterfront because
we stopped at the 8th Street boundary as shown here on this site. Likewise to the east, the
property which is subject of this permit is bounded, is interrupted short of the waterfront as well.
We are what is called "Site A" which is 14.63 acres which is an independent site of so called
"Site B" which are the additional 4.54 acres that you see easterly of our site. Nevertheless, it is
within our site that 8th Street is expected to continue and eventually take you beyond to what we
call Bayview Drive, right at the end of the waterfront, but we are also providing an Arena East
Drive along the easterly edge of our site, so that eventually what we have generated here, is a
new City block and traffic will be allowed to flow entirely around the Arena, including
pedestrian access forward of the Arena so that in fact, the public has the experience of the
waterfront easterly of the Arena site, both vehicular and pedestrian. The Arena is this elliptical
shape that you see located here at the center of the site. And, I'll take you into a different scale
now, here. But, maybe before I do that, in this rendering you can see how the Arena fits into the
master plan that is in progress being prepared at this time. You can see here how we envisioned
the extension of 8th Street and the eventual development of additional refill along the waterfront
over to this side and how we will wrap around this whole City block across from the Freedom
Tower. It is north of this that the port expansion would occur. And, yet, the Arena is very much
cognizant of the context in which it eventually will exist as additional development and open
space and water is brought to the edge of Biscayne Boulevard.
17 January 27, 1998
Commissioner Gort: Bernardo, let me interrupt you for a minute. My understanding is, you had
sufficient space between the Arena and the bay to accommodate a ship there in the future? It's
my understanding.
Mr. Fort -Brescia: To accommodate...
Commissioner Gort: A shop docking.
Mr. Fort -Brescia: Along here?
Commissioner Gort: Right.
Mr. Fort -Brescia: Yes, we... Actually, if there was a port plan, this would be even further
extended.
Commissioner Gort: OK.
Mr. Fort -Brescia: But, this is a site that is not part of our project, of course.
Commissioner Gort: OK. Thank you.
Mr. Fort -Brescia: So, we are not able to discuss what would be planned there.
Commissioner Gort: Thank you.
Mr. Fort -Brescia: But, with this perspective, it shows you the context and the location of the
Arena adjacent to Bayside off the south and to the eventual future development to the north. In
this second board, you can see the actual position of the Arena and its form. As, you can see, it's
an elliptical form very much like the colosseum, for example, in Rome. A traditional shape of an
amphitheater type of Arena, and it has additional components that are part of the design. You
can se here the extension of 8th Street as I showed you earlier and the additional Arena drive,
East Arena Drive, that you see over here. There are two additional out buildings, one that you
see off to the side is the future practice court connected to the Arena that also will be a
multipurpose space for other events. There is terrace overlooking the waterfront that during
event time becomes something of a pre -function space before or after the event, but when it is
not an event, it becomes accessible to the public as a public plaza that is elevated overlooking
the bay. And, where you see the circle, is the future location of a restaurant that will be a feature
restaurant that will serve both the Arena and the public from the exterior. It is underneath this
entire site that we locate the parking garage. This is a single level garage that occupies the entire
space below so that it elevates the Arena to the flood level and in fact, it is that space that is left
behind that becomes a parking and puts the actual floor at the flood level, above the flood level.
And, in response to Commissioner Plummer's questions, where loading would occur, you can
see here the service areas adjacent to the bridge. We had to choose one side that was more
appropriate for servicing the building and we are across here form the parking garage of Bayside
and next to the elevated bridge. And, you can see we are shielded by this landscaping, we have
the location for the... for multiple bays, for broadcasting companies, and unloading. Well, there
are several points of access along this street. You can see that they can enter through here, or
through here or exit this way over here. But, I think our traffic consultant will explain to you the
actual flow of the traffic that has been studied. But, they are also able to come around this way
and enter from 8th, of course, depending on what direction they are coming from. But, this is for
the main access as you can see here and then existing that way. There is also access to parking
at two different points, as shown here, but I will leave that to the professionals to explain how
the traffic was organized around the Arena. It is... In these two images you can see what
18 January 27, 1998
exterior concept of the building is. First, I show you here, coming from Biscayne Boulevard and
the perception of the building from the street, the main idea being that the Arena will be a very
transparent building, that you will be able to see what happens beyond through large expanses of
glass, and likewise for the public to be able to look out to the views and take advantage of the
waterfront location. In the... To the east side the same effect of glass occurs and this is a terrace
that I explained earlier that occurs to this side. There are two important... There is an important
element of the linkages that was part of the discussion with the DDA (Downtown Development
Authority), and one of them is the future bridge that would be constructed to connect to Bayside,
and this is what you see here in the rendering and this would link Bayside with the Arena site
across Port Boulevard. And here in this rendering, you can actually see the design in progress of
this bridge. It will be a covered bridge, it will protect it from the rain, it will be... and would link
the two sites between... You can see Bayside and the Arena. And, finally, I'll take you through
quickly, the general layout of this building. You can see.... This is the basic configuration of the
bowl where you can see the circulation around the exterior edges which allows the public to look
out to the view and the various alternatives on how this multipurpose Arena will function as a
small music hall with 5,000 seats or as a large concert hall for 15,000 seats and for the multiple
uses whether it's for hockey, as shown here with 17,000 seats or in the normal configuration of
course, for the 20,400 seats for basketball. And, finally, I show you here the lighting plan and
how the building will be looking at night time, and instead of lighting the exterior, it is the
interior glow of the colors inside that will come through the amount of expanses of glass of the
building, and how it will glow from within instead. I can take you quickly through some of the
features of the interior. Here you can see some of the views of the interior of the bowl and the
features that would occur including the clubs that will be happening behind the seating and the
suits that will have some features that relate to the exterior with a series of balconies that open up
to the outside. I think that really summarizes the general outline of the building and its design.
And, I will be available to answer any questions.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: I would like to ask the attorney, do I have a conflict?
Commissioner Plummer: Does he have a what?
Chairman Hernandez: Does he have a conflict?
Vice Chairman Teele: I am a public advocate and fan of this architectural firm. I have said all
over the country, it's one of the greatest architectural firms. I have written letters in support of
this architectural firm, and knowing that I am just an advert fan of the firm, does that in any
way...?
Mr. Maxwell: No, sir. Unless you have a personal financial state in this.
Vice Chairman Teele: Oh, I don't have any personal financial at all. I am broke, but I will tell
you, I just can't help but say in all seriousness that I commend The Heat and the management for
giving local talent an opportunity. And, it goes without saying that this is a Miami firm and it's
a world class firm, and I am just so delighted that you are here before us, and I hope none of the
preliminaries were embarrassing to you, because we are just so proud of what you do, Bernardo.
I am. I know I speak for the Commission and the Mayor.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Well, I....
19 January 27, 1998
Commissioner Regalado: Do we have a conflict of interest if we are a Heat fan, too?
Commissioner Gort: Mr. Chairman, I agree with Commissioner Teele.
Chairman Hernandez: yeah.
Commissioner Gort: I think that the buildings and the designs of this architectural firm headed
by Bernardo Fort -Brescia is known worldwide. I mean, they were utilized by TV programs and
his buildings on Brickell Avenue, and all those, and I hope God willing when the Arena gets
built, we get some of the TV programs showing the good side of Miami. Lourdes, I think it's
important to... and I have two questions. My understanding is, what's in front of us, Lourdes,
it's a Major Use Special Permit. This is, he has to give an opportunity for development, but they
would have to still go to the City Planning Department to get all the permits and so on. Now, it's
my understanding there is no variances or...
Ms. Slazyk: No, there were a series of special, subordinate special permits, Class Is, Class IIs,
Special Exception that were rolled into the Special Permit.
Commissioner Gort: Right. But, mainly this is being all built in compliance with City code and
Zoning ordinance.
Ms. Slazyk: Yes, and it is in compliance with our comprehensive plan.
Commissioner Gort: And, they will have to come back to you and get your permits and the
specifics and so on?
Ms. Slazyk: Yes, sir.
Commissioner Plummer: They have got to come back to us, also.
Ms. Slazyk: We still have a lot of the details to review with then, and we will be doing that
throughout their processing.
Commissioner Gort: And, that would have to come back to us, the details, so we will have to
approve it.
Ms. Slazyk: They... What's coming back to you is their traffic management plan. If there is any
other particular detail that you would like to see, you can ask that that come back, but, you know,
if you want to see their signage plan or the bridge specifically or any other particular detail, we
could bring that back to you, you know, on your request. Right now, the traffic management
plan is definitely coming back.
Commissioner Gort: OK. Thank you.
Mr. Garcia -Pedrosa: May I ask a question,. Mr. Chairman? Bear with my ignorance, by being
new here, but, I know that in the current Arena, the City has the skybox and there is no skybox
here. I don't know if the County has a skybox in the new facility or not.
Commissioner Plummer: Well, let me tell you what I'll add to the provision, that any amenities
that is provided to the County shall likewise be approved for the City.
Ms. Burke: That's acceptable.
20 January 27, 1998
Chairman Hernandez: Yeah.
Ms. Burke: OK. Is it the pleasure of the Commission to have the traffic plan presented to them,
or would you prefer...
Chairman Hernandez: Yeah, the traffic...
Ms. Burke.: ... just to ask questions?
Chairman Hernandez: I think the biggest concern we all have here is the traffic plans and traffic
designs.
Commissioner Plummer: Excuse me, Mr. Chairman. I am sorry to interrupt, but I am being
asked a question and I think it needs clarification. The word "amenities" includes everything.
That would be parking spaces or any other things that are provided the County would be
provided to the City.
Ms. Burke: Acceptable.
Commissioner Plummer: OK.
Mr. Maxwell: As a condition of this Major Use Special Permit, sir?
Commissioner Plummer: Yes, sir. That's part of it. Thank you, I am just clarifying. The City
Attorney asked a question.
Chairman Hernandez: So, we don't get into a long, drawn process. I think if you can bring up
your traffic design or traffic development plan so we could move on. I think we are ready to
proceed.
Ms. Burke: OK. David Plummer...
Commissioner Gort: [Inaudible -- off microphone]
Commissioner Plummer: I wish he was, so we would have a rich member of the family.
Ms. Burke:... and Ramon Alvarez.
Mr. David Plummer: Commissioners, I'll just go over the highlights that you asked about. I
think it's related to the advantages of being downtown to the Arena. What our special events
traffic plan means, that we will be bringing back to you, and where we expect people to park at
the Arena. As we have been saying since we put it downtown, there is tremendous advantages in
terms of investments for parking and traffic when you are downtown because for the most part
downtown is empty when the events are going on. It's like a lot of cities are doing, in bring their
Arenas downtown, except... compared to Joe Robbie. Certainly, we have got what we call "off
peak roadway capacities" available. Our traffic demands are late at night after six thirty or seven
o'clock when the streets are relatively available. We get the advantage of shared parking, rather
than filling parking that is only going to be used only a few times a year. And, of course, we do
need to develop what we call a "special traffic control plan." Now, let me first talk about this
"special traffic control plan." That is, our intent is not to change the character of the street
system downtown for the Arena, but rather to make better use of what we have. We will be
coming back to you with a plan, and I won't go over all of them. But, basically, it's police
control of traffic during the event times. We might even carry that forward. If you know of the
site plan, you have got a small section of 8th Street that runs from Biscayne Boulevard west and
21 January 27, 1998
it may be that in our special event plan, we will reverse those directions at game time, having
you come inbound before the game and outbound afterwards, much like we have done around
the Orange Bowl for years. That's the intent of the special plan. The other thing the FDOT
(Florida Department of Transportation), has asked us to do is to go back to the expressway
system and make sure that we have got adequate Arena signage so that not everybody wants to
exit at one point on Interstate 3-95, but rather to spread those exits out to several other
interchanges. Just for your information, we estimate 70 percent of the trips come from the north
and west and about 30 percent of the trips from the south to Heat games.
Commissioner Plummer: What...? David, question.
Mr. Plummer: Yes.
Commissioner Plummer: What would happen, knowing what happens today if there is an event
in the present Arena? What would...? Is there any consideration been given if there were
simultaneous events at both Arenas?
Mr. Plummer: I have to, when I come back to you, put all of those together. The single event,
the double event, and what would we do when Performing Arts is operating that same night.
Commissioner Plummer: I am not even approaching that one. I'm just thinking today, when
you have the Miami Arena...
Mr. Plummer: Yes.
Commissioner Plummer: ... you have an unbelievable backup on 3-95 and off of 8th Street
down there...
Mr. Plummer: Right.
Commissioner Plummer: ... and I perish the thought under today's... Are there any reasons or
anything that you know of, of increasing the road size, more lanes, you know, it just perished the
thought that you would be talking about two simultaneous events going on at the same time, and
maybe something in Bayfront Park. You know, the 4th of July is always a weekend where
everybody does everything. You could have 100,000 people in Bayfront Park, you could have
24,000 in the present Arena, and what is it, 15, 12,000 in the old Arena? I mean, you would
have absolutely pandemonium. So, I am asking you, has that potential problem been addressed?
If it hasn't, is it going to be addressed, and if so, does this Commission have some control over
what's the final decision in that area? Because, I think it's very, very important. Forget it, I am
not even talking about the Causeway, now. I am not even talking about the Causeway.
Mr. Plummer: The answer is, yes. When we come back to you, we are going to have to have the
conditions for simultaneous events. No question about it. Now, I don't expect it's going to
happen, hardly ever, but what hardly ever is, has to be determined. Certainly, in a lot of cities,
the Arenas get together to make sure that they don' have simultaneous events that are happening.
I can't expect it would happen very often, but we got to be ready for the once in a lifetime. The
problems getting to the Arena, if you ever watched, is the exits from the Expressway. We will
be going up to all of the exits and look at, if there is a single lane turning right now to go to the
Arena. We intend to double the turn lanes. We intend to go to the difficult spots so we can
move that traffic on and off faster from those hot spots on the Expressway system, and that will
be brought back to you.
Commissioner Plummer: Well, I just want you to know when you come back, I am going to be
not asking about just two Arenas. I am going to be talking about the other thing which is already
a reality, and that is Bayfront Park...
22 January 27, 1998
Mr. Plummer: Yes.
Commissioner Plummer: ... where we have major events with 100,000 people. You have
Bayside who supposedly bragged that they have 11,000,000 tourists a year. And, you know,
then you are talking about the Causeway. You are talking about the Performing Arts. All of this
is going to be in my questions when you come back and tell me that you are going to utilize the
same street system without any increase in size that what we know today without all of these
extra things are pandemonium. So, when you come back, I want you to know I am going to hit
you hard on that particular phase.
Mr. Plummer: I agree. I wanted to put in the record though, that these are still considered
"special events" and I don't believe we would want to change, for instances, the character of
Biscayne Boulevard by cutting into medians and everything from turn lanes when at ten o'clock
at night when our vehicles are leaving, we can certainly cone off lanes, make them work
differently for our events. That's what we will be coming back with. Parking, everybody says,
well, how are you going to get in and out of the Arena? This isn't Robbie, not everybody who
parks has to come to the Arena driveways. We are putting approximately 1,100 spaces on site.
We have a demand at a full game for about 7,000. We have walked the whole City to show what
kind of parking requirement and where they work within a reasonable walking distance of
downtown. Again, the advantage of an urban area, the advantage of nighttime events. There is
more than adequate parking within ten and fifteen minutes walks of this site to handle all of
those volumes. And, what do we have to do? As Bernardo was saying, we have got to make
sure that we have friendly walkway systems so that people who park a block or two away are
safe and secure. We keep businesses open and all the rest of the things that come from the
advantage of an urban downtown Arena.
Commissioner Plummer: Question. You are saying that you think that the adequate parking
required is going to be around 7,000?
Mr. Plummer: The parking requirement for a full event is bout 7,000.
Commissioner Plummer: All right. And, you are saying that there is going to be mandated off -
site parking for approximately 4,000?
Mr. Plummer: There is going to be on -site parking for about 1,100.
Commissioner Plummer: All right. Those, those... That's fine. Now, off -site mandating.
Mr. Plummer: We are not mandating any. We are doing like the Orange Bowl does. There is
more than adequate private and public parking...
Commissioner Plummer: It's not what I heard.
Mr. Plummer: ... on street and off-street to park round the site.
Commissioner Plummer: That's not what I heard. I heard that you have to identify the off site
and to identify the parking and now you are going to provide the transportation to and from those
identified spots. And, I am assuming, Lourdes, that those spots cannot be given up without this
Commission's approval.
Ms. Slazyk: The 4,500 that they have to identify within a certain radius of the Arena, are the
ones that will not be under their ownership or control. These are spots that will be identified as
the shared nature of an office building or the Miami -Dade Community College parking, or
something that is used by somebody else during the day that's available for events.
23 January 27, 1998
Commissioner Plummer: All right, you are getting to where I wanted to come to, all right. Let's
remember when The Heat came to the present Arena, and I want to say our present Arena seats
12,000, am I correct? I think it is, 12,000 with the basketball.
Mr. Maxwell: No, it's more. Fourteen thousand.
Commissioner Plummer: Fourteen thousand. They would not sign a contract with the City of
Miami without 4,500 parking spaces guaranteed, mandated. Now, we are talking about a facility
that is twice that amount, it's going to be 24,000, and they are only talking about 4,500 spaces?
Something... two and two ain't four. Now, they required 4,500 for the present Arena of 12,000.
Now, they are going to 24,000, or... almost double. Let's don't use numbers. Almost double,
and all they are going to be providing is 4,500. You know what you are doing? You know what
you are going to pay for parking? You are going to pay twenty, twenty-five dollars ($25) a car
for parking, because it's going to be a premium. And, I just... You know, I am concerned. I
don't know if anybody else is concerned, but I am very much concerned.
Mr. Plummer: J. L., could I put some of the numbers in perspective?
Commissioner Plummer: Please. I am bringing history, David.
Mr. Plummer: Right, I know. I know.
Commissioner Plummer: History is... is what was required before, or they would not sign a
contract.
Mr. Plummer: Right, that was a mandate by the Arena.
Commissioner Plummer: No, by The Heat.
Mr. Plummer: By The Heat. Right.
Commissioner Plummer: They would not bring that franchise there without a minimum of 4,500
guaranteed, absolute. It could never be diminished by 4,500.
Mr. Plummer: Right.
Commissioner Plummer: Now, you are doubling it, and you still got another Arena, and they are
going to try to use shared parking?
Mr. Plummer: Well, within this work, we have private, public and on -street parking over 10,000
spaces available at night. Within that 15 minute radius around the site there, there is more than
adequate parking available for nighttime events at the Arena. And maybe, The Heat didn't feel
the need for the mandate they had before, because there is so much close by.
Commissioner Plummer: You know what you pay for parking now at the Miami Arena?
Mr. Plummer: Well, I, unfortunately park valet, so I don't know.
Commissioner Plummer: Ten bucks, minimum.
Ms. Burke: Can I clarify the issue of the 4,500 spaces? That's an MBA requirement. They say
in any Arena, anywhere, you have to pick that number of spots and guarantee them. But, we
have identified 20,000 spaces. We are going to be sending out a whole program to all the season
24 January 27, 1998
ticket holders that's going to give the maps. It's going to show them where all the garage, where
the spaces are, so that we can get them all in and out of the Arena. We will have enough spaced
identified for all the cars that we expect.
Commissioner Plummer: OK. My only concern is, things change, OK. And when things
change and "X" building says, I am sorry, you can't use my parking anymore, and "X" says, I
have got a problem, because now I have got more tenants and I can't give you additional
parking. I am asking, are there any guaranteed, identified off -premise parking that will be there
as long as the Arena is there? That's all I am asking.
Ms. Slazyk: The guaranteed amount to meet our zoning code is actually only about 260 spaces.
The other big difference between this Arena and the other one is, they have, you know, 1,100 on
site, the other one didn't. That, we are also guaranteed for them.
Mr. Plummer: Lourdes, let me add took that in that inventory over 10,000 of those spaces are
public, private or on -street parking. They are used for parking today, not garage, but available at
great parking within that walking distance.
Commissioner Plummer: David, do you recall the Rapid Transit Study? I am sure Arthur will,
OK? The one thing that they drove into my mind and it was almost guaranteed that people will
not walk more than two City blocks. Now, as I look at your map and what you are including in
that blue area, is more than two City blocks.
Mr. Plummer: Yes.
Commissioner Plummer: And, I am saying is, that what is the guarantee that this so called
"shared parking" with no guarantee whatsoever, that in fact, people are going to be able to have
the availability of utilizing it by providing some kind of transportation without the mandate and
guarantee that it will always be available.
Mr. Plummer: Well, within the ten minute walk distance which is a much shorter radius, we have
got almost 6,000 at great, on -street parking spaces available within that type of walk and if we
go to business and office, we are up over 8,000. 1 am sure The Heat is going to ask us when we
get started on this, to go through and contact each and every owner of these lots to make sure
they are available, but if you ever walk around the existing Arena, believe me, there is more than
enough people who want to get that revenue from nighttime parking that are going to use it. We
have even been contacted by Miami -Dade Community College to see whether or not in their
expansion of their parking garage, which is just barely a block away, there would be some
interest and participation someway, so that they would even say, "we would even make students
so they wouldn't part in the garage at night to make them all available for the Arena." So...
Ms. Burke: In addition, pursuant to the Development Agreement between The Heat and Dade
County, Dade County is required to provide 2,000 guaranteed spaces, and they are going to be
providing shuttle buses with those 2,000 spaces.
Commissioner Plummer: That's about a sixth of what's needed.
Chairman Hernandez: Vice Chairman.
Ms. Burke: Well, that's over and above all the ones that David described to you.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Thank you, Mr. Chairman. Again, it's an honor for me to have you here,
Mr. Plummer. Your reputation, even though there is a lot of confusion about your distant cousin
25 January 27, 1998
from the Keys, but your reputation as a Transportation Planner and Consultant is without
parallel, and I certainly recognize you as a true professional. And, again, I commend The Heat
organization in bringing about local talent, but at the same time, talent that is extremely
welcomed credentials. Does this ten minute walk include the Bayside parking spaces?
Mr. Plummer: No, we deliberately excluded if from the inventory, competitive parking like
retail and hotels, it would be full in those same hours. Our inventory is only for spaces that are
not occupied after six o'clock at night.
Vice Chairman Teele: I realize that we are sort of on the late freight here today, but let me
understand. Have you fully briefed the DDA (Downtown Development Authority) on this plan?
Mr. Plummer: Yes, we have. But, I will admit that tomorrow and Friday is still ongoing. Their
concern is not for the things we discussed today, their concern is, what we are going to do for the
occasional day time events. And...
Vice Chairman Teele: Have you briefed MESA (Miami Sports and Exhibition Authority) on
this?
Mr. Plummer: I don't believe we have, sir, but we will do that.
Vice Chairman Teele: Have you briefed the CRA (Community Redevelopment Agency) or the
CRA staff on this?
Mr. Plummer: The CRA is... I have to ask the staff.
Chairman Hernandez: The Community Redevelopment Agency.
Vice Chairman Teele: The Redevelopment Agency which has total jurisdiction over everything
that's in your circle.
Mr. Plummer: Well, they certainly have been aware in the planning process of this, because
there has been concern that they didn't want the policing. [phonetic]
Vice Chairman Teele: Mr. Plummer, have you briefed them?
Mr. Plummer: On the Arena? No.
Vice Chairman Teele: On the park, on the transportation end...
Mr. Plummer: No, we have not.
Commissioner Plummer: There is one more, Arthur. Have you briefed the Commissioner
whose district this is in? The answer is, no.
Mr. Plummer: No.
Vice Chairman Teele: Yeah, and I really do think that there has been a lot of talking among
yourselves, and I know that between the County and the clients. But, I really do think, and I
hope they... you are listening. I really do think that to bring this together, there are a lot of
players that have vested interests, long time vested interests. The neighborhood, especially
represented by Commissioner Plummer, the Omni area, even though your circle probably
doesn't go that far, it's in their sphere of influence as well. The DDA, all of this is within the
DDA sphere of influence. MSEA, is directly.... could impact any plan that MSEA has. And, I
26 January 27, 1998
just think from a planning point of view, it's imperative that they be coordinated and from the
CRA, I think it's almost regrettable, because the CRA really is the entity that could be a lot of
help to you as you move forward in carrying out this plan. But, specifically, I represent an area
that's adjacent to Commissioner Plummer which is the Park West Overtown area, and obviously
they have not been involved in it. And, I would hope that before this Commission does anything
finally, that we would at least insist that all of the constituents that we would at least insist that
all of the constituents that we represent are briefed and we... they don't have to get this from a
TV monitor or from a bit of misrepresentation, a representation of what they may read in one of
the publications. I would like to just shift just a moment, Mr. Plummer, if I may, and ask you to
just sort of think with me for a moment. You said, "we don't want to disturb Biscayne
Boulevard." Now, obviously, that's...
Mr. Plummer: Change the territory of Biscayne Boulevard.
Vice Chairman Teele: We don't want to change the character of Biscayne Boulevard. Has this
been coordinated in the context of the proposed Burle Marx or any of the proposals as it relates
to the City of Miami's previous plans for Biscayne? And, I know the Public Works Director is
standing right next to the Manager, or behind the Manger, so he may be in a position to add
some...
Mr. Plummer: Can I just explain briefly? The answer is, yes, on the Burle Marx. There is also,
we have coordinated with the FDOT for a plan for the eventual widening of Biscayne Boulevard
to carry the wide median that exists south of 5th Street, north all the way under 3-95. And, the
right-of-way requirements that we are giving to the Arena is wide enough for that eventual
beautification.
Vice Chairman Teele: In other words, you are contemplating the expansion of the Biscayne
Boulevard or the widening of the Biscayne Boulevard which has been talked about?
Mr. Plummer: The FDOT (Florida Department of Transportation) is contemplating it. It's not a
capacity improvement. The number of lanes stay the same, but the median is widened so you
have consistency of beautification.
Vice Chairman Teele: It's a beautification improvement. What about the Burle Marx? I mean,
is that alive, dead or is it resurrected?
Mr. Jim Kay (Interim Director/Public Works): As far as the plan goes, it's still alive. The
funding is still the, the thing that's up in the air at this point. As you know, the plan had stopped
right about the 4th Boulevard.
Vice Chairman Teele: But, it would... It would include the area that we are talking about?
Mr. Kay: Yes, it is. The overall plan goes up to, I think, 24th Street.
Vice Chairman Teele: Well, let me ask you to flip for a minute. How would you react to the
fact, if we were to put a tunnel from the Port Boulevard, say up toward 3-95?
Mr. Plummer: Along with alignment on Biscayne?
Vice Chairman Teele: On Biscayne. If we were to depress it.
Mr. Plummer: I would think it would have a... This is Plummer's opinion now. David
Plummer's opinion. I think it would have a significant urban design effect on that roadway that
would be very negative.
27 January 27, 1998
Vice Chairman Teele: That would be very negative?
Mr. Plummer: Yes.
Vice Chairman Teele: But, you don't think it would assist in making Biscayne, or that portion of
the area here, much more pedestrian friendly?
Mr. Plummer: I think we are going to make it pedestrian friendly by widening and beautifying
the crossings and having the refuge of a median in the middle. And, that would carry forward
the urban design. Remember, it's a four lane divided, eight lane arterial, probably one of the
widest arterials in any urban area that I know of. It has high capacity, but it needs to be more
pedestrian friendly.
Vice Chairman Teele: I would be very interested in discussing it with you. The concept of
depressing Biscayne Boulevard which has been discussed in any number of context, along with
depressing portions of 3-95 that would open up the Omni area and the Performing Arts area to
downtown and would in effect change that. And, I am sure you recognize that the funding of
that would be probably more like 90/10. Ninety percent Federal...
Mr. Plummer: Yes.
Vice Chairman Teele: ... and ten percent local, or ten percent State.
Mr. Plummer: And, I think they are interesting ideas on 3-95 that we have to pursuit.
Vice Chairman Teele: OK.
Commissioner Regalado: Mr. Plummer, how are you going to police the parking lot of the
Arena itself'? Would it be your security? Would a special towing company, Miami Police,
what...?
Mr. Plummer: Jay or Bill might want to stand in. But my understanding right now, is that we
will have our own operators of that whole parking facility and that I am sure, that would mean,
we have our own security, too.
Ms. Burke: The security will be done jointly by private security and the City of Miami Police
Department. I wanted to state for the record on the question of Biscayne Boulevard, that The
Heat is dedicating almost a full acre of land for the widening of Biscayne Boulevard, and that's
pursuant to a plat that we have already filed with the City of Miami.
Vice Chairman Teele: I'm... I'm really confused. You just said that The Heat is doing, what?
Is donating or dedicating...
Ms. Burke: Is dedicating almost a full acre for the widening of Biscayne Boulevard.
Vice Chairman Teele: And, yet, you started your presentation by saying that this facility is
owned by the County. So...
Ms. Burke: I am sorry. OK, please let me take... Dade County is dedicating, pursuant to the
plan...
Vice Chairman Teele: Oh, Dade County, oh.
28 January 27, 1998
Ms. Burke: ... almost a full acre of...
Vice Chairman Teele: I was about to seal the record and send it up to the State Department of
Revenue for you. But...
Ms. Burke: But, it's along the property which has been developed by The Heat.
Vice Chairman Teele: And, that dedication is to whom?
Mr. Plummer: Florida Department of Transportation.
Ms. Burke: That dedication is to DOT.
Vice Chairman Teele: The Florida Department of Transportation?
Ms. Burke: Right.
Vice Chairman Teele: And, that's been coordinated by the City?
Ms. Burke: Yes. It's all been coordinated.
Vice Chairman Teele: But, but... So, you stand corrected?
Ms. Burke: I... Absolutely.
Vice Chairman Teele: The Heat is not doing this?
Ms. Burke: No, no. The plat has been filed in the name of Metropolitan... Miami -Dade County.
Commissioner Plummer: Where is that?
Chairman Hernandez: Can I hear from DDA? I know that Patty Allen wanted to speak on this
issue of the traffic.
Vice Chairman Teele: Mr. Chairman, before you do, I want to associate myself, Mr. Plummer,
with the comments of your cousin, Commissioner Plummer.
Mr. Plummer: Yes, Uncle J.L.
Vice Chairman Teele: Yes, uncle. Because, I really do think that you have got a problem here
with how you walk and get the people to walk.
Mr. Plummer: I agree.
Vice Chairman Teele: I really do think that we have got to work cooperatively with the CRA
and with the DDA and with The Heat and the County in how we make this a pedestrian friendly
environment. I am particularly concerned and associate myself with the comments of
Commissioner Gort and Commissioner Regalado regarding safety and security. You know, it
doesn't take but for one screaming national and international headline and this whole project
could become something that everyone would start rethinking after it's built, other than The Heat
ownership of course, at that point. I think we need to err on the side of caution, and one of the
questions that I'm going to ask Mr. Cross, when we ask him to come up and make certain
considerations or statements on the record, is would you all be willing to support something like
a special lighting district that would cover some of these areas that we are looking at now?
29 January 27, 1998
Because, I really do think that we need to have intensive and special lighting and it needs to be
year round. It doesn't need to be when there is an event. If we made one mistake with the
current Arena, is that everything is event oriented and that was very poignant comments that Mr.
Huizenga made to me in looking at why he was losing and why he was relocating and why he
couldn't be comfortable, because you know, when people drive by the Arena at one o'clock,
three o'clock, you know, they see one Arena. When they come back at seven o'clock, ten
minutes before tip off or puck off, they see a different Arena. And, we need to have the Arena
and the entire area to look and feel and be secure seven days a week, 24 hours a day. And, I
think that's a very important concept that Commissioner Gort and Commissioner Plummer, and
Commissioner Regalado has raised that I really think you ought to consider, not just the words,
but how do we do it. And, one was to do it is to create a special light district, OK, utilizing
those green circles or the ten minute walk and fifteen minute walk so that we know what we are
doing because it's to your direct benefit and it's to our benefit as a City. The City of Miami
doesn't like to have its name all over the Frankfurt Daily Gazette or the Madrid Newspaper and
the way we do that, is we work on it now on the front end, and I just want to associate myself
that we really do need to think not only in terms of just the parking. But, if we are looking at
identifying these 4,500 spaces and 6,000, we need to make it as safe and secure at all times.
Mr. Plummer: I agree, and I think The Heat will agree with you all.
Chairman Hernandez: Patty.
Ms. Patricia Allen (Executive Director of DDA/Downtown Development Authority): I don't
want to take up a lot of time. My name is Patty Allen. I am the Executive Director of the
Downtown Development Authority. Now, Commissioner Gort, who is our Chairman
expressed... We have been working with The beat and with the City of Miami Planning
Department for probably over a year on this issue, and we are very proud to have the Arena and
Arquitectonica design it for us. However, all of the decisions they are on the issues of linkages.
The Board of Directors of DDA passes a resolution that underneath the City's Major Use Special
Permit, certain criteria must be met for those linkages and they directly impact traffic
management and pedestrian access. So, with that said, Lourdes read it into the record and we
will be back along with you to review that traffic management study.
Commissioner Plummer: I want you also to be considering Patty, that I am going to be bringing
up this afternoon, the DDA which has special taxing authority to contribute to Gusman Hall to
keep it open, since so many of the members think it's a very viable part of downtown. I'll be
bringing that up this afternoon. Mr. Chairman, I don't know where we are now, without being a
rubber stamp. I think that we have got enough safeguards built into this that has to come back to
this City Commission that says that this thing is not finished. It might be 75 percent finished, but
I have to have an agreement from the parties involved and who they represent that says that they
full understand that there will be no cost under any circumstances issued until the final 25 or 20
percent is approved by this City Commission. And, Mr. Gort, under DDA or my district, I want
to make a motion. I am ready...
Commissioner Gort: It's your district, go right ahead, sir.
Commissioner Plummer: I would move subject to the conditions that have been imposed today,
and they have been delineated that we approve item one on our agenda which is the Major Use
Special Permit for 601 Biscayne Boulevard.
Vice Chairman Teele: Second the motion for the purpose of discussion.
Chairman Hernandez: We have a motion by Commissioner Plummer, seconded by Vice
Chairman Teele. Discussion.
30 January 27, 1998
Vice Chairman Teele: Mr. Chairman, could we ask, Mr. Cross if he would come forth?
Commissioner Plummer: We did put the One Source in there, right?
Mr. Jay Cross: To my...
Commissioner Plummer: Mr. Chairman, may I? Mr. Teele, may I clarify? As one of the
provisions was, the One Source...
Unidentified Speaker: First Source.
Commissioner Plummer:... First Source Hiring. That was one of them.
Vice Chairman Teele: No.
Mr. Garcia -Pedrosa: No, that wasn't...
Commissioner Gort: No, you had to put it in.
Unidentified Speaker: There was no declaration to do that. [phonetic]
Vice Chairman Teele: No, it wasn't. But, we have got to go a little further than that.
Commissioner Plummer: Woo, woo. Well, excuse me, my motion intended that that be there.
So now, if you don't want to second my motion, just...
Vice Chairman Teele: Well, that's why I seconded it for purpose of discussion so we can make
sure that it's in.
Commissioner Plummer: Oh, all right. Then that's fine.
Vice Chairman Teele: Mr. Cross, let me clarify one thing.
Commissioner Plummer: it will be.
Vice Chairman Teele: One of your distinguished members of your team has said that I may have
described him, who for purpose of this, shall... Let's jut say, Mr. Lopez, by name, by
description. And, I certainly did not mean to describe or to have my comments to reflect directly
on Mr. Lopez in that I have been advised that Mr. Lopez did register and he is a distinguished
member of your team. You have head a lot of discussion about this First Hire Agreement, and
we have had the opportunity to discuss this. Let me just say for the record that the spirit of
influence that this Arena is going to be in, the people that live in this area are from two areas, the
Omni, which is to the north about eight to ten blocks which is represented by Commissioner
Plummer and directly to the west about six blocks which is Overtown. Overtown is an area in
which it has the highest unemployment statistics of any census tract in the State. One of the
highest stress factors of any census tract in the United States. Homeownership being among the
lowest in the United States. The context of the First Hire Agreement is designed to ensure that
people who want to work, who really want to work, who have a skill that is needed, don't have
to sit there and watch the construction trucks bring in laborers from across the County and in
some cases the State, as we have in... of the South in some cases to work. You have been
afforded an opportunity to review the City's First Source Hiring Agreement, would you be
willing to execute a formal, written agreement with the City consistent with your agreements
with the County that would ensure that residents within the geographic area first, and residents
31 January 27, 1998
from the City of Miami secondly, within the context of the First Source Hiring Agreement are
afforded every opportunity by the contractors, and subcontractors as well as the subsequent
vendors or the persons that will be operating this Arena consistent with the spirit of this
agreement.
Mr. Jay Cross: Yes, we would. And, let me just say that this is the first that we have heard of the
First Source Agreement. It never came up in any of our negotiations with the County which
were much more directed towards minority hiring practices and how firms are owned. But,
certainly, it's been my experience in development, and particularly Arena development, we
understand that local residents take an immense amount of pride from participating in something
of this nature and it would certainly be our intension to involve to the greatest extent possible,
the local, and by local, I mean the most immediate resident in the neighborhood. So, we would
be pleased to enter into negotiations with the City staff and to bring forward this agreement to
this Commission.
Vice Chairman Teele: Mr. Manager, do you think we can accomplish that with the support of
the Legal Department by the next Commission Meeting, so thjat we can allow our Mayor and the
other parties that are necessary to execute that, maybe over lunch in an appropriate setting, so
that it's more that jsut a statement, it's actually an agreement and I assume that you will bne
willing to provide some administrative support for a full-time monitoring of that agreement by
your staff or in conjunction with the City as is comprehended under the agreement. Because I
think the real problem here is that we don't get out in front of it. You're not going to slow down
and wait while the City gets its act together or the neighborhood gets its act together. Once you
start, you're going to continue to move, and we need that kind of support. I yield to
Commissioner Gort.
Commissioner Gort: To make it a lot easier for you, and Art, I don't know if you're aware of
the... since you're new here. Our NET (Neighborhood Enhancement Team) Offices have job
trainers in there, and we should have a list of people looking for jobs. So that will make it a lot
easier if you contact the Overtown/Park West NET Office, and also the Downtown NET Office.
They can probably supply you with a list of qualified individuals.
Vice Chairman Teele: One of the areas, Commissioner Gort, that the Oversight Board, and I
agree, has said that we do a... where we're inadequate is in contract compliance. In other words,
the way this ordinance is written, it assumes that there would be a first source agreement. I've
asked to review the contract and the agreements thereto. And to be very candid with you, there
are none. And what we need is someone whose job depends on this, seven days a week, 24
hours a day, to get it done. Otherwise, it's going to be everybody's responsible and nobody is
responsible. And I think it should be coordinated through the NET Offices, I agree. But I would
hope that the Manager would assign a full-time person, because this is... This could solve a
major portion of our welfare to work program on the short term, on the construction, but the key
is going to be that we've got to get out in front of it, because no construction company is going
to wait, not one day, or for that matter, four hours, for us to identify people and get them to a job
site. We've got to get out in front of this, and it's going to require that we use some CD
(Community Development) funds, some CD funds to go ahead and do it, so that we can, in fact...
or some WAGESS (Work and Gain Economic Self -Sufficiency) funds so that we can, in fact, do
it.
Commissioner Plummer: I have two million dollars ($2,000,000) in WAGESS money.
Vice Chairman Teele: So Mr. Cross, I assume you're in agreement, and there's no problem with
you on that?
Mr. Cross: Right. We're in agreement and we're committed to it.
32 January 27, 1998
Vice Chairman Teele: Commissioner...
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: Just briefly. Mr. Cross, good morning. And we know that the Miami
Heat is here to stay, that you don't plan to move to Broward or Palm Beach. And because of
that, the Heat is very involved in the community. I was given the possibility of chairing the
Parks Department, and I was wondering if there is a possibility that at least once a year, we can
have a clinic by the Miami Heat players or player, in each of our parks in the different areas of
the City. Would you make that commitment?
Mr. Cross: But I can't commit on behalf of the players. We don't have that kind of control over
their time frame. But we are in the community, and there's not a week that goes by that we're
not in Little Havana, or Liberty City, Overtown, in our community relations program. We
currently, between the expense of running the program and cash donations to charitable
functions within, we're a million dollars ($1,000,000) a year into the community. Certainly, we
support any initiative that would help vitalize the Parks Program, and on a case -by -case basis,
we will always take every opportunity to support it further.
Commissioner Regalado: Right. Of course, we know that you don't control the players' time,
and they are very busy. But could the team itself, the organization, commit to at least help us in
the different parks of the City to bring equipment, maybe, sometimes for, you know, to give the
children of our area a sense of being important, because they are being coached by somebody
that... somebody from the Miami Heat is there to represent your team.
Mr. Cross: Well, we have a sport court program which we would certainly be making available
to the Parks Department. I'll make a commitment that it will be available for the Parks
Department on some sort of schedule to be developed. But I still have to reserve comment when
it comes to the coaching staff and players. I just don't have the authority to commit.
Commissioner Regalado: Absolutely, we understand. But at least to get the Heat organization
to participate in our parks.
Mr. Cross: Right. That's not a problem, having the Heat organization to participate in the parks.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Also, the... not only in the construction jobs, but in the permanent jobs, if
you make our office aware as to what you will be looking for, in the WAGESS program, we're
going to be training people, and it's very... it should be a lot... efficiently if we train people for
specific jobs. And you're going to need a lot of people with you.
Mr. Cross: That's true. There is the ongoing operation of the arena. And let me just say that as
compared to the existing arena, where there were perhaps maybe 30 or 40 permanent staff, in the
new arena, we'll have 150 permanent staff, because it's going to be such... a bigger and more
substantial real estate project. In the current arena, on an event night basis, we might retain 300
people for part-time. And in the new arena, we'll be bringing in 700 people on an event basis.
So as the job in the immediate neighborhood, I think it's going to
have a huge effect. Similarly, we're going to operate all of our own concessions. We're not
going to farm that out to an outside firm that comes in from outside of the City. That means that
we'll be more involved in the local community, in terms of how we operate those. Our intention
is to utilize a model that's been developed in Charlotte and Detroit and other places where we
actually use not -for -profits to staff our concessions during events. And that will put about four
33 January 27, 1998
hundred thousand dollars ($400,000) a year back into not -for -profit groups, such as church
groups, and Boys' Club, et cetera. So our intention is to make this building very much an
integral part of the immediate community. And I want you to understand that we are, in fact,
committed to that. And also, to go back to Commissioner Plummer's earlier comment, this is
not the final approval by any stretch of the imagination. This is the approval that allows us to
start. But we have many more opportunities and more filigree to work out in this design before
we open up in December '99.
Commissioner Gort: Thank you.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Mr. Chairman, again, Commissioner Plummer has made a very profound
point, and I want to associate myself, because you all got away, and that is that any additional
land that the City transfers should have certain stipulations, one of which is, there should be
payment in lieu of taxes. Now, obviously, the transfer has been done. It was not attached to the
land. So your... But that would be incumbent upon the County or whoever the governmental
entity is, if there's going to be a transfer of land, especially to a governmental body. In the case
of the Heat, it's my understanding that your instrument that grants you your right is a
management agreement.
Mr. Cross: That's correct.
Vice Chairman Teele: And we all know of the ongoing litigation... because a management
agreement, in effect, says that you don't pay any taxes. That's... One of the by-products of the
management agreement is that instead of paying on a hundred and fifty million dollar
($150,000,000) improvement, ten mills, roughly three million dollars ($3,000,000), you pay zero
taxes. That's not my issue right now. However, this Commission has already voted to adjust the
boundaries of the CRA (Community Redevelopment Agency). And as you know, the CRA
could be a very, very positive instrument in carrying out some of the redevelopment of the
activities that you have discussed. Would you be willing - and especially you, referring to that
fine, outstanding representative that you have working there with you who's all smiling right
now - would you be willing... Would the Heat organization and your governmental consulting
team be willing to work with the CRA in adjusting the boundaries to include the area, so that we
can be cooperative partners in the redevelopment of the areas that have been discussed by Mr.
Plummer and others? And can we count on an ample amount of time by some of the...
Mr. Lopez: It would be my pleasure, sir.
Commissioner Plummer: All right. Let's get out of here.
Vice Chairman Teele: For the record, Mr. Lopez said, "My pleasure." ... of a sincere effort to
assist us in working with the community and the County in adjusting the boundaries
immediately?
Mr. Cross: Yes, we would support an adjustment of the boundaries. And let me just say that no
one is more interested in seeing the Park West neighborhood move forward and revitalize. And
the ongoing part of our... The lion's share of our discussions with DDA (Downtown
Development Authority) has, in fact, been, what can we do to 6th Street and 8th Street, and how
can we link the Metromover to the new arena? What can we do with Miami -Dade Community
College, in terms of pedestrian safety? And I also urge this Commission to try and accelerate the
widening and beautification of Biscayne Boulevard in as quickly a manner as possible, because I
think it's an absolute key to the development of this neighborhood, from the Omni all the way
down.
34 January 27, 1998
Commissioner Plummer: My friend, and I wish you well.
We've tried for years, but that's the Federal government.
Vice Chairman Teele: Mr. Chairman, I am totally satisfied this is really in the best interest of the
citizens of the City, and it's particularly in the best interest of the neighborhoods that are
contiguous, and I think with the conditions, and with the statement that the Clerk will make a
part of this record, and... as amended, based upon the discussions by Commissioner Regalado,
Commissioner Gort, Commissioner Plummer and myself, I would ask, respectfully, that we call
the question.
Chairman Hernandez: I'd like to call the question. The question has been called. There's a
motion on the floor by Commissioner Plummer, seconded by Vice Chairman Teele. I'd like to
call a roll call on this.
----------------------------------------------------------------------------------------------------------------
6. DEFER CONSIDERATION OF AGENDA ITEM PZ2 (AMENDMENT TO
MASTER AND INCREMENT I DEVELOPMENT ORDERS OF DOWNTOWN
MIAMI DEVELOPMENT OF REGIONAL IMPACT - DRI -) TO SCHEDULED
CITY COMMISSION MEETING OF FEBRUARY 10, 1998.
----------------------------------------------------------------------------------------------------------------
Mr. Joel Maxwell (Deputy City Attorney): Mr. Chairman, Mr. Chairman, please. Item 2, are
you continuing item 2? Are you deferring item 2?
Chairman Hernandez: I'm glad you brought that up.
Commissioner Plummer: We'll take it when we get back.
Chairman Hernandez: Based on the problem with the advertisement, we're going to be deferring
that.
Mr. Maxwell: To February the 10th.
Chairman Hernandez: To February 10th.
Jose Garcia -Pedrosa (City Manager): Your are going to be continuing to February loth?
Chairman Hernandez: It will be deferred to February loth.
Mr. Maxwell: It's really deferred.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:09 P.M. AND RECONVENED AT 3:21 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING CHAIRMAN HERNANDEZ AND VICE
CHAIRMAN TEELE, FOUND TO BE PRESENT.
Commissioner Plummer: The reason that we haven't started was... it is a very important factor
in this City today, and that is the groundbreaking of the new arena in Downtown Miami, which
was scheduled for two o'clock. We had scheduled to come back at three, and they are obviously
a little bit detained. And we'll be starting with the consent agenda and then going into the
35 January 27, 1998
regular zoning agenda. So we... Are there people here for the CRA (Community
Redevelopment Agency)? OK, that will be the first item, Brother Ben. So, we regret your
having to be inconvenienced, but I thought you would really want to know the reason why. The
minute three of us show up, we'll be ready to go. Senor.
(COMMENTS MADE IN SPANISH BY THE CITY MANAGER)
(APPLAUSE)
----------------------------------------------------------------------------------------------------------------
7. (A) DIRECT ADMINISTRATION TO ENFORCE NEWSPAPAER
VENDING RACKS ORDINANCE.
(B) RESEARCH / DRAFT ORDINANCE TO REGULATE BUSES
ALLOWED TO RUN IDLE.
(C) DIRECT CITY MANAGER TO REQUEST PERSONNEL FROM
FLORIDA POWER AND LIGHT TO MONITOR OUT OF ORDER
STREET LIGHTS IN PUBLIC -RIGHT-OF-WAYS.
(D) SCHEDULE FOR SECOND READING PROPOSED ORDINANCE
REQUIRING NON-PROFIT AGENCIES TO PAY EQUIVALENT OF
AD VALOREM TAXATION.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Manager, I'm going to take advantage of you. Hey, this is nothing
for Commission action and they don't have to hear me. This City Commission passed an
ordinance relating to newspaper vending routes. Correct? I have not seen anything change.
Would you please contact Mr. Ted Stahl, who is the man who brought it to my attention, and see
if we can't get some action on that. Mr. City Attorney, I'm asking for the ordinance about the
buses and the running of the buses. I don't need an answer now. I just want to know when I'm
going to get it.
A. Quinn Jones, III, Esq. (City Attorney): We checked with New York and the General
Counsel's Office, and they don't have any ordinance that regulates buses. We're told that they
don't have such an ordinance. Now, what we can do is... I had my staff to double check again.
Commissioner Plummer: All right. The ordinance that I heard... There's Ted Stahl. The
ordinance I heard about on TV was New York had an ordinance relating that buses could not sit
still and run for ten minutes with the exhaust and everything going. If they did, they were
subject to being fined or towed.
Mr. Jones: Yeah, I understand what you're saying.
Commissioner Plummer: And I think it's a fair, fair thing, after what happened down there. At
Virrick Gym, I talk... Mr. City Manager, prior to your coming on board, I talked to the... one of
the previous Manager's about FP&L (Florida Power and Light) and street lights. A great
number of street lights are out. I can show you two street lights in my neighborhood that I defy
you to find at night, because they are in clumps of trees. You can't see them. And regardless of
what happens, we're paying so much per pole, per month, whether they can be seen or they can't
be seen. I am saying to you, to the best of my knowledge, that Florida Power and Light, in a five
million dollar ($5,000,000) account, which is street lighting to them, do not have a single
individual who is responsible to go around and check street lights. What is your number
upstairs? 250...
36 January 27, 1998
Mr. Jose Garcia Pedrosa (City Manager): Downstairs.
Commissioner Plummer: Downstairs.
Mr. Garcia Pedrosa: ... 5442.
Commissioner Plummer: ... 5442. I beg all of you that have your street light out to, please call
the City Manager at 250-5442. If your street light is not on, you're still paying for it. And we
need an address. And if possible, on the street light, there is a yellow tape or an aluminum tape
with numbers. And if you call in and your street light is not working, then give us those numbers
or the actual address of where it's not working. And there, Mr. Manager, is also one street light
in my neighborhood that is on 24 hours a day. I have to go back and get it for you. OK? Mr.
City Attorney, we had a policy here, and had a first reading and never got a second reading in
reference to any property in the City of Miami that was sold to another nonprofit agency would
have to pay the equivalent of ad valorem taxation.
A. Quinn Jones, III, Esq. (City Attorney): Yeah.
Commissioner Plummer: OK? And I understand that it never got a second reading to put it into
effect. If we had that in effect on the new arena, we would be getting in the neighborhood of six
hundred thousand dollars ($600,000) a year in taxes, which we're not getting. We need to bring
it back up, Mr. Manager, for the purposes of second reading and get it to become a part of law.
Mr. Jones: How long ago was that?
Commissioner Plummer: Two years ago. Ask... Excuse me. Ask Christina Cuervo. She was
the one who brought it up and brought it to my attention. So she could probably tell you,
without question.
NOTE FOR THE RECORD: Chairman Hernandez and Vice
Chairman Teele enter t e ommission Chamber at 3:27 p.m.
Commissioner Plummer: Is there anything, Mr. Manager, three of us can handle? Well, we got
a report. Let's listen to a report, or let's do... Let's do something, even if it's wrong. No, that's
not right. I don't want to do that, no. Well, now, there's four of us. We got a Vice Chairman.
Mr. Jose Garcia Pedrosa (City Manager): We have a... Commissioner, item number 10 is a
report concerning from the Building and Zoning Advisory Committee. Item 11 is a discussion
concerning residential facilities for the elderly and mentally ill. Item number 12 is Mr. Potter,
who wrote to you concerning a billing problem.
Vice Chairman Teele: For the purpose of facilitating... the Chairman is here. Mr. Chairman,
with your permission, I would move that the CRA (Community Redevelopment Agency) Board
meeting which has been scheduled for two o'clock and then three o'clock be moved to five -
thirty to...
Chairman Hernandez: I have no problem with that.
Vice Chairman Teele: ... to facilitate the public that's here at this point. And I apologize to
those persons that are here, but we're running so far behind. All right.
37 January 27, 1998
NOTE FOR THE RECORD: At this point the Commission agrees
to continue the meeting to 5:30 p.m.
----------------------------------------------------------------------------------------------------------------
8. DENY APPEAL OF ZONING BOARD DECISION GRANTING SPECIAL
EXCEPTION AS LISTED IN ORDINANCE 11000, ARTICLE 4, SECTION 401
SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY
RESIDENTIAL -- FOR ALLOWING ADDITION TO EXISTING PLACE OF
WORSHIP -- LOCATION: 2410 S.W. 14 STREET & 1450 S.W. 24 AVENUE --
FURTHER DISCUSS NEED FOR NET ADMINISTRATORS TO PROVIDE
COMMISSIONERS WITH RECOMMENDATIONS ON ZONING MATTERS.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: There's a large group of people that are here today on one single issue
that I'd like to take care of before we proceed with the consent agenda. That way, we can allow
these people to go on with their regular day, which is PZ-9, and I believe I've been told that the
appellant is not here, so that would make things a lot easier. Let me go to PZ-9 a second, if you
can.
Commissioner Plummer: Humberto?
Chairman Hernandez: Yes.
Commissioner Plummer: They informed me that he's asking for a continuance, not a
withdrawal.
Chairman Hernandez: The appellant?
Commissioner Plummer: That's what Mr. Maxwell just told me.
Chairman Hernandez: Well, if that's the case, then, anyway, we've got 70 people we can take
care of really quick.
Mr. Jose Garcia Pedrosa (City Manager): Mr. Chairman, for the record, we have received a
letter dated January 23rd, but it's just being handed to me, and it was received at 2:58 on January
23rd - that's a stamp - to Teresita Fernandez of the Office of Hearing Boards.
"Please be advised that I hereby request that my appeal be removed from the
agenda due to the fact that I will not be able to attend that meeting."
And it purports to be signed by the same person identified in your materials as the appellant. It
doesn't say whether he's... It does not say he's withdrawing. He simply asked to have it
removed from the agenda.
Chairman Hernandez: OK. At which point, we don't have to abide by his wishes, correct? We
could either hear it or decide to postpone it. I'd like to hear it, now that there's 70 people here.
Can the City just give us a little background information so we can make an informed decision
here?
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Yes. PZ-9, as you already
stated, is an appeal of a special exception that was granted by the Zoning Board for a place of
38 January 27, 1998
worship. It is to allow an addition to an existing place of worship. It's located on 2410
Southwest 14th Street and 1450 Southwest 24th Avenue. The Department of Planning and
Development is recommending approval of the project. And again, the Zoning Board also
recommended approval.
Commissioner Plummer: Who took out the appeal?
Ms. Slazyk: The gentleman who took out the appeal is Mario Pons.
Commissioner Plummer: And he was the one that asked for the continuance?
Ms. Slazyk: Well, he wrote the letter. We had been trying to contact him to see if this meant a
request for a continuance or a withdrawal. We had told him before that we could not guarantee a
continuance, he would have to be here to ask for it. And apparently, according to that letter, he
couldn't be here. That's why he wrote that. But he wasn't clear.
Chairman Hernandez: Now, just for clarification, the department is approving this, correct?
Ms. Slazyk: Yes. It meets all zoning. It has all the required parking. It's an addition to an
existing place of worship. Some of the issues that were brought up by the appellant at the
Zoning Board were related to parking spillover into the neighborhood. But it complies with
zoning, and it is consistent with all of the criteria in 1305.
Chairman Hernandez: Are the people that are here, that you know of, and Mr. Pons, they're
appealing, obviously, the decision to approve the special exception, correct?
Ms. Slazyk: That's correct. The Zoning Board granted it, and they are appealing their decision
to you. So you can either affirm or reverse the Zoning Board.
Chairman Hernandez: OK.
Commissioner Regalado: What is the parking situation in the neighborhood and your views on
the parking?
Ms. Slazyk: Well, the plans show sufficient parking. The issue that's always come up with
churches is when there is a, you know, a special event or a, you know, when more of the
congregation shows up than on a daily basis, like on a day of worship, on Sunday, that sort of
thing, there is usually some spillover into the neighborhood. This is...
Commissioner Plummer: We never saw what was asked for by Teele.
Ms. Slazyk: This is on 24th Avenue and it is near a residential area, and that's where the
concerns were expressed. But it does comply with 1305. There is no variance being requested
here.
Commissioner Regalado: How many parkings?
Ms. Slazyk: I'll have to get the plan. Fifty-seven, I'm being told. Would you like to hear
from...
Commissioner Regalado: Yeah.
Commissioner Gort: Mr. Chairman.
39 January 27, 1998
Chairman Hernandez: Commissioner Plummer. I am sorry, Commissioner Gort.
Commissioner Gort: I'd like to ask a question on this. We're talking about a facility which is a
lot in the middle of a residential area.
Ms. Slazyk: Yes, sir.
Commissioner Gort: And they are asking for an expansion.
Ms. Slazyk: Yes.
Commissioner Gort: Within the residential area.
Ms. Slazyk: Yes. The reason the expansion needs a special exception is because to expand a
place of worship in a residential area that's over 20 percent expansion, it needs a special
exception.
Commissioner Gort: What I would like at the next hearing, if possible, whenever we have a
zoning case, I would like to have the people from the NET (Neighborhood Enhancement Team)
Office, because they're the ones involved with the community, they're the ones involved.
Because our Planning Department can look at it from the practical point of view. They can look
at it from the intellectual point of view and the planning point of view. But we have to see what
effects in the neighborhood are taking place. I think from now on, Mr. Chairman and Mr.
Manager, I would like to have the NET Administrator from the specific area to give their
recommendation, because they are the ones in contact with the people.
Ms. Slazyk: Yeah. The NET Administrator was at the Zoning Board hearing, and the Zoning
Board members had several questions for him, also, as to the effect.
Commissioner Gort: OK.
Chairman Hernandez: Lourdes, let me ask you this question. Are there... and I'd ask the City
Attorney to listen to this. Are there grounds for us to deny... proper grounds for us to deny the
appeal?
Ms. Slazyk: Deny the... Well, yeah. If you deny the appeal, you're affirming the decision of the
Zoning Board.
Chairman Hernandez: Correct.
Ms. Slazyk: And that is consistent with the findings made by the department.
Chairman Hernandez: OK.
Ms. Slazyk: So right now, all the information in the record is all in favor of denying the appeal,
which is what the department recommends.
Commissioner Gort: You want to approve it.
Chairman Hernandez: You want to approve the appeal or vote with the people.
Commissioner Gort: Right.
Ms. Slazyk: Yeah. You would have to get competent, substantial evidence to...
40 January 27, 1998
Commissioner Plummer: Let's don't beat around the bush. I move that we uphold the appeal.
Commissioner Regalado: OK, but...
Chairman Hernandez: No, no, no. That's not what you want.
Commissioner Plummer: Approve the appeal?
Ms. Slazyk: No.
Mr. Jose Garcia Pedrosa (City Manager): You move to uphold the Zoning Board and deny the
appeal.
Chairman Hernandez: Right. Right.
Commissioner Plummer: No. The Zoning Board approved the application.
Mr. Garcia Pedrosa: Yes, sir, right. So the appeal from that decision, you do not want to agree
with. You want to affirm the Zoning Board by denying the appeal, right.
Commissioner Plummer: Does that allow the expansion or not?
Mr. Garcia Pedrosa: Yes.
Commissioner Regalado: Excuse me.
Commissioner Plummer: That's not the way I read it.
Commissioner Regalado: I'm ready to vote, but I just want to make sure about the parking
situation, because we are going to have complaints, I know. The congregation of Jehovah
Witness are congregations that have massive attendance, always; no special events. So I just
want to make sure that they understand about the parking situation, and then we don't have to
call the police and blocking driveways and all that.
Mr. Ricardo Ruiz: If you let me explain, I could...
Commissioner Regalado: Sure.
Mr. Ruiz: OK. First, my name is Ricardo Ruiz. I live at 3150 Southwest 15th Street.
Commissioner Gort: You have to be sworn in, sir.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Ruiz: Like I said, I live down 15th Street, and I'm also a homeowner within the area. And
one of the things we did to prepare for our hearing was we went out in the neighborhood, and we
went and talked to everyone within the neighborhood that... where we live in. And we asked
them to sign a petition of waiver. We have over 160 signatures that were presented at the day of
the zoning hearing, were presented there. Plus we had a massive amount of people who live
within the area who were there also at the zoning hearing. We had six people that were arguing
points against. We met with them. In fact, that's why he was withdrawing his denial. It was
because...
41 January 27, 1998
Commissioner Regalado: Excuse me, Ricardo.
Mr. Ruiz: Yes, sir.
Commissioner Regalado: I don't have any doubts that everything is... it's OK. My concern is...
because I live five blocks away, and I know that people in the area will come to me and say,
look, call the police. If that has been taken care of, I don't have any problem at all.
Mr. Ruiz: Yes, it has.
Commissioner Regalado: You know, I'm ready. I'm ready to expedite the process. So I would
move that we deny the appeal.
Chairman Hernandez: OK. Before we take the vote, there's a motion to deny the appeal of Mr.
Pons. Mr. Ruiz, can you state your name and address for the record?
Mr. Ruiz: My name is Ricardo Ruiz, 3150 Southwest 15th Street.
Chairman Hernandez: Can you swear him in?
Commissioner Gort: He already did.
Chairman Hernandez: He did?
Commissioner Plummer: Yeah, he's been sworn in.
Commissioner Gort: Yeah, he was already sworn in, yeah.
Chairman Hernandez: This morning?
Commissioner Gort: No, just now.
Chairman Hernandez: OK.
Commissioner Plummer: Mr. Chairman, could we have a show of hands of who... just who's in
favor of the church and who's opposed to the church?
(COMMENT MADE IN SPANISH)
Commissioner Plummer: Who's in favor?
(COMMENT MADE IN SPANISH)
Commissioner Plummer: OK. And how many people are opposed?
(COMMENT MADE IN SPANISH)
Commissioner Plummer: God has prevailed.
(APPLAUSE)
Chairman Hernandez: We have a motion by Commissioner Regalado to deny the appeal of
Mario Andres Pons. Is there a second?
42 January 27, 1998
Commissioner Plummer: You bet.
Chairman Hernandez: Second by Commissioner Plummer. All those in favor, say...
Mr. Garcia -Pedrosa: One moment, Mr. Chairman, if you would, please. One second, please.
Ms. Slazyk: Rafael Rodriguez, the NET Administrator is here, and he'd like to ask for a
condition.
Chairman Hernandez: Mr. Rodriguez.
Mr. Ruiz: The NET officer is asking about parking signs, no parking signs within the swale
areas. There are homeowners presently... not adjacent homeowners who are parking in the swale
area. I mentioned that not only to the NET officer one time, but the people making the appeal.
There's three cars that park in that swale area. One is Mr. Diaz, who lives on the west side. One
is Mr. Leon, who lives across the street. And another car is a little farther away. These
homeowners also gave us our approval. If I turn around and tell them we're going to put no
parking signs, where do they... You know, what's going to happen to them? They're going to
say that I frauded them or...
Commissioner Plummer: Well, why does the NET Administrator want the no parking? I don't
understand. It's a public right-of-way. It's a swale area.
Mr. Rafael Rodriguez: Rafael Rodriguez, Coral Way NET Administrator. My concern is not to
place the signs at this time. It's to have that on the back burner, if a year from now, or six
months from now, the parking problem does arises, then those neighbors that complain about the
parking issue in front of the house, they have the options of placing a no parking sign from
certain time to certain time at the church expense.
Commissioner Plummer: But don't we have the right to ask Metro -Dade County at any time to
put those kind of signs up?
Mr. Rodriguez: The Metro -Dade County, the signs that they will place on there is no parking
any time. I was looking if there's a specific no parking like from Thursday to Sunday, those are
specific times, and those are special cause, and the County does not place those.
Commissioner Plummer: I think you're asking for a nightmare in enforcement. If it becomes a
problem, they can always come back to us.
Commissioner Regalado: I think, Rafael and Ricardo, I think that the congregation knows that
they are welcome in that area, but that they have to follow the rules. And religious places always
follow the rules. So I don't have a problem. Yeah, I don't have a problem, as long as, you
know, you... they will say to the members of the church, you know, you have to be
conscientious, you cannot park in the neighbors, we have been welcomed in here, you know.
Mr. Ruiz: A lot of tme are going to walk also. They live, you know, around the neighborhood.
Commissioner Regalado: So I mean, I would rather vote for a church than for a bar, so I'm
ready.
Chairman Hernandez: Have you amended your motion or it's the same motion?
Commissioner Regalado: Same motion.
43 January 27, 1998
Commissioner Gort: Same motion.
Chairman Hernandez: Same motion. We have a motion on the floor by Commissioner
Regalado, second by Commissioner Plummer. All those in favor, say "aye."
Chairman Hernandez: No "nays."
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-90
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD
THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT AN ADDITION TO AN
EXISTING PLACE OF WORSHIP, FOR THE PROPERTY LOCATED AT 2410
SOUTHWEST 14 STRET AND 1450 SOUTHWEST 24 AVENUE, MIAMI, FLORIDA,
SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Mr. Ruiz: Thank you.
Commissioner Gort: Thank you.
Chairman Hernandez: OK. I'd like to give you... If you can give Ricardo a minute so they can
file out.
Mr. Ruiz: Thank you, I appreciate it. Thank you.
Chairman Hernandez: Or they're more than welcome to stay and see the same proceedings after.
Mr. Ruiz: Thank you, Mr. Chairman, Mr. Commissioners. Thank you.
44 January 27, 1998
----------------------------------------------------------------------------------------------------------------
9. (A) CONSENT AGENDA.
(B) DISCUSS / DEFER CONSIDERATION OF CONSENT AGENDA ITEM
3 (APPOINMENTS TO DOWNTOWN DEVELOPMENT
AUTHORITY) TO SCHEDULED MEETING OF FEBRUARY 10, 1998.
(C) CONTINUED / AMEND ESTABLISHEMENT OF ACCOUNTS BY
DADE COMMUNITY FOUNDATION -- ESTABLISH HOMELESS
SETTLEMENT AND CHARITABLE FUNDS FOR SPECIAL EVENTS
ACCOUNTS WITH INFORMAL RECORDKEEPING BY EACH
COMMISSIONER'S OFFICE AND CITY CLERK.
(D) BRIEF DISCUSSION REGARDING SCHEDULED FIRE FEE
HEARING OF FEBRUARY 24, 1998 -- FURTHER INSTRUCTING
MANAGER TO LIMIT AGENDA FOR THAT DATE.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: We're going to proceed now with the non -Planning and Zoning items,
items 1 through 13.
Commissioner Plummer: Say again?
Chairman Hernandez: We're going to go now in order of the agenda, which is to go to the non -
agenda... non -Planning and Zoning items.
Commissioner Plummer: OK.
Chairman Hernandez: Starting with... We have CA-1 through CA-4, consent agenda. The first
one is the bid of Apricot Office Supplies. CA-2 deals with a settlement from the Law
Department. CA-3 deals with the appointment of Downtown Development Authority, which I
know we want to discuss about that. And CA-4 deals with the Dade Community Foundation,
and it is an item placed on the agenda by Vice Chairman Teele.
Commissioner Plummer: Mr. Chairman.
Chairman Hernandez: Yes, Commissioner Plummer.
Commissioner Plummer: Under the rules that we operate under, I ask that item 3 be pulled from
the agenda, which automatically puts it over to the next agenda.
Chairman Hernandez: That's consent agenda 3?
Commissioner Plummer: That's correct.
Chairman Hernandez: You want it pulled?
Commissioner Plummer: Yes, sir.
Chairman Hernandez: All right.
Commissioner Gort: There's nothing I can do.
Chairman Hernandez: Professional courtesy.
45 January 27, 1998
Commissioner Plummer: It's my option. Thank you.
Chairman Hernandez: I have a question not on CA-1 or CA-2, but I'd like to ask Vice Chairman
Teele.
Vice Chairman Teele: May I just understand? What is the effect of the motion by
Commissioner Plummer?
Commissioner Gort: The effect of the motion is that we should be having a new board by the
next meeting so we can carry on the ordinance that was passed by this Commission sometime in
September or November. I understand J.L. has got some problems and worries about that there's
not representations.
Vice Chairman Teele: About what?
Commissioner Gort: I think we can move... There's a certain segment of the DDA is not well
represented. I think we can make a motion where we can maybe... and that's the prerogative of
the Commission. We either confirm all the individuals, or we can not confirm some of the
individuals and leave some space open for the future. But I need this board to continue to
function next month.
Vice Chairman Teele: Well, I was advised - if I may, Mr. Chairman - that there was a legal
requirement that the board be required to function. That is, that there is an ordinance. And by
not having a board, we basically have violated our own ordinance. Is that... Commissioner Gort,
is...
Commissioner Plummer: Mr. Teele, it's not a matter of abolishing the board. That is not what's
before us. What is before us is appointments of new members to that board. And that is the
reason and... excuse me. By the way, I'm not making a motion. It is the prerogative of any one
of us to pull an item, and it's automatically put over until the next meeting.
Chairman Hernandez: Right. Well, I just want to clear the point. Number one, we do have a
board in existence right now.
Commissioner Gort: Right, yeah.
Commissioner Plummer: Always.
Chairman Hernandez: Is there a deadline to reconfirm the members that are on the board right
now?
Commissioner Plummer: No.
Chairman Hernandez: So I think that we should...
Commissioner Plummer: All serve until their successors are appointed.
Chairman Hernandez: As a matter of professional courtesy, we're pulling the item, as
Commissioner Plummer has requested. Commissioner Gort, would you like to say anything?
Commissioner Gort: No. I already stated, I asked individuals in downtown to talk to the
different Commissioners to make sure you get all the information from them. I guess J.L. was
not satisfied. So.
46 January 27, 1998
Chairman Hernandez: Well, they spoke to me. Did they speak to you, Commissioner Regalado?
Did they speak to you, Vice Chairman Teele?
Vice Chairman Teele: Mr. Chairman, I've had a number of discussions about it. Obviously, I
wish it were different. And I've said that privately. And I've said it for the same reason I'm
going to be saying it even more. But, you know, my concern is if this Commission doesn't
require that our governmental body adhere to affirmative action and equal opportunity...
Chairman Hernandez: Absolutely. Absolutely.
Vice Chairman Teele: ... then how the hell are we going to start asking boards to do things?
Chairman Hernandez: Absolutely.
Vice Chairman Teele: So I'm going to approve this board, even though I don't like it, because
I'm going to spend my time making sure that the government of the City of Miami is done
about... and is in recruitment, and affirmative action and equal opportunity applies here first.
And I'm really one of these people who believe we ought to do what we say at home before we
start going across the street and doing it. And I'm darned dissatisfied with the way the
affirmative action since... within the last month or so is going in this City. And I have been
saying it. I've said it privately. I've said it privately to the Manager, and I'm not going to stop
saying it. So I'm going to let every board go through, I don't care. But I'm going to focus in on
the City first.
Chairman Hernandez: Sure.
Vice Chairman Teele: Because it's not right. And for the record, there are no African -
Americans on this board, and I think that's regrettable. As a courtesy to Commissioner Gort,
who is the chair, I'm going to hope that Commissioner Gort will at least say what I'm saying to
the board members, because I don't intend to go to the meetings, but I hope Commissioner Gort
will keep that issue. And I trust him. He has certainly been the one person on this Commission
that has done what nobody else would do - and I don't know that I would have done it - and that
is, for the record, this is the one Commissioner who gave up a four-year term so that an African -
American could have a four-year term. And he took a two-year term. And I think this
community owes, and I, as a Commissioner, have a public gratitude for him for this seat of four
years, but more importantly, for giving the African -American community an equal chance,
because there was no representation here. So I say that, Willy, that's why I'm going forward,
because I know your heart is in the right place. And I don't question anybody else's heart, but I
am questioning results.
Commissioner Gort: Commissioner, we... I'm committed to that. And I want you to know,
when I first was selected as the Chairperson of that board, my first appointment was a
businesswoman, African -American businesswoman. Unfortunately, she did not attend all the
meetings. But we have a commitment to that.
Commissioner Plummer: Well, I would hope now that it's going to be deferred until at least the
February meeting, that consideration would be given to an Afro-American, and that when they
come back, that matter will be resolved. It hopefully will. I don't want to get into a lot of
discussion today because once it's pulled, it's pulled. So that's...
Commissioner Gort: OK. This will be back on February the 10th. And we don't have any
meeting until after that.
47 January 27, 1998
Commissioner Plummer: That's fine.
Commissioner Gort: OK. So the nominating committee will have to get back and do their
homework.
Chairman Hernandez: Before we vote on the consent agenda, I have a question on consent
agenda 4. And I know it's Vice Chairman Teele's issue that he has brought before us. Vice
Chairman Teele, I needed to find out what actually is the role and who is the person in charge of
this Dade Community Foundation. I am not aware of the foundation. That's why I asked.
Vice Chairman Teele: Mr. Chairman, it's an excellent question. The Dade Community
Foundation is made of an extraordinary group of public citizens. I believe the president is
former County Commissioner of many, many years ago, Ruth Schack. The Foundation is
recognized by the U.S. Treasury and the State of Florida as a, quote, "Community foundation
under the Federal law." Monies that are not collected from bank accounts, monies that cannot be
identified after a statutory period automatically go to this Foundation. And the Foundation is
also highly staffed with the most competent lawyers and technical people in the entire Dade
County, most of whom operate as volunteers. They serve as fiduciaries for a number of public
service, public sector kinds of activities. My experience with them goes to the summit, where
they served a similar role. And they've served similar roles for cultural activities around the
County. The only purpose of this is to provide for an otherwise tax exempt vehicle so that a
contribution of a foundation or an incorporation on an individual can be made. And it's subject
to their lawyers giving an opinion. And there would be an account established so that we could
avoid some of the problems that we've had. It would not be mandatory, but it's a lot better than
you setting up your own.
Chairman Hernandez: Do we control... I mean, when you're talking about the six accounts,
which would be for the five Commissioners plus the Mayor, and I would say the seventh account
would be the O & P (Overtown Neighborhood Partnership) Program?
Vice Chairman Teele: The seventh account would be, I think, the homeless. I thought the
seventh account is the homeless one that we asked to be established so that we could go out and
try to raise money to finance the homeless settlement. Is that right, Mr. Attorney?
Chairman Hernandez: We never... Do we ever lose - and I assume we don't - we, none of us
who would have the accounts would lose any control over the disbursement of these funds?
Vice Chairman Teele: Except it would not be your personal funds. It would be municipal funds.
It would be subject to an opinion by their counsel, and it would... I'm sure it would be set up, not
around any individual, but around an office. In other words, it would not be Arthur Teele. It
would be Arthur Teele as District 5 Commissioner.
Chairman Hernandez: And any monies that go into Arthur Teele, District 5 Funds...
Vice Chairman Teele: City of Miami.
Chairman Hernandez: City of Miami.
Vice Chairman Teele: Yeah. It would be City of Miami District 5.
Chairman Hernandez: Who controls the use of that money, the disbursement of that money?
Vice Chairman Teele: It would be subject to their attorneys' opinions, being a charitable,
scientific, cultural or otherwise legitimate purpose.
48 January 27, 1998
Commissioner Gort: But...
Chairman Hernandez: But you would make... one, just one... You would be the... I would say
the main fund-raiser of that...
Vice Chairman Teele: You would be the fund-raiser.
Chairman Hernandez: All right.
Vice Chairman Teele: Your role would be primarily that of fund-raiser.
Chairman Hernandez: OK.
Vice Chairman Teele: And this, so that the public knows, this deals with the Three Kings
Parade, the Martin Luther King Parade, the Nicaraguan Day, those kinds of cultural activities
that are legitimate activities, which, quite frankly, the Oversight Board has said we can't use
public money, only because of the financial emergency.
Chairman Hernandez: OK.
Commissioner Gort: Let me give you an example. Tomorrow, we got the Jose Marti Parade. I
needed to raise money for that so they can go ahead and have it at 8th Street. It was very
difficult because I had to get them the letter, the nonprofit, and so on, so they had to go through
the process. If these accounts were open, this is how we can use it.
Commissioner Regalado: But would it be easier, Mr. Vice Chairman, to have just one account,
and the Commission, the whole Commission will decide? Because six accounts will give you...
Vice Chairman Teele: It would be a lot easier. But I did not... I don't know... I have not had the
opportunity to bond with you, because of the Sunshine Law, and I don't know how you would
feel about...
Commissioner Regalado: Well, you know... No, because what is going to happen is that you're
going to have, I guess, people competing to get more funds. And I would tell you that none of us
here will deny funds for the Martin Luther King or the Jose Marti Parade, because this
Commission has shown that it understands.
Vice Chairman Teele: Well, but let me tell you the problem with that. I have sat up here on this
Commission long enough, and I won't be personal, J.L., but I have seen Commissioners oppose
funding sources, and then be the first one to spend money from the source once it's created.
Now, how do you correct that? See, it's fine for you and me to go out and raise money,
hypothetically, for some activities that are legitimate activities that are going to benefit the
public. But how do you insure that everybody is not sort of... that's the problem.
Commissioner Regalado: I will tell you that, Mr. Vice Chairman... perception. If we all get one
account, people will go out and say... and you'll see maybe tomorrow, day after tomorrow,
stories saying, well, the City Commission did what the County had, you know, you have a
special fund for each Commissioner.
Vice Chairman Teele: Those funds were taxpayers' monies.
Commissioner Regalado: Absolutely. I... absolutely.
49 January 27, 1998
Vice Chairman Teele: This is...
Commissioner Regalado: No, but it's the perception. What I'm saying is...
Vice Chairman Teele: Well, I would be totally in agreement if you were to say, let's have two
funds, one for the City, in which we would keep our own records individually and have sort of a
scout's honor system, and the other for the homeless...
Commissioner Regalado: Absolutely.
Vice Chairman Teele: ... for the homeless activity. Because I really do think... How much is
the amount of the homeless settlement?
A. Quinn Jones, III, Esq. (City Attorney): There's... Well, it depends. The attorney's fees are
nine hundred and the fund that we had established was six hundred thousand.
Vice Chairman Teele: I mean, we're talking about five or six hundred thousand dollars
($600,000). And we all agree that we would... rather than asking the citizens of the City to pay
for this, we'd all go out and try to find corporations and people who really are concerned about
the homeless and get donations. That was the other purpose of that, and I don't think we should
commingle those two activities.
Commissioner Regalado: Right. But, you know, I'm OK, but I said the perception will be much
better if we have an account, a sole account that the Commission will then decide what to do.
Vice Chairman Teele: I would so amend, Mr. Chairman, to two accounts, one being a City
account that would be subject to record keeping, say, by the Clerk, informal with the Clerk's
office, and the other as a general fund which would be managed through the Manager's office to
insure the homeless... the funding for the homeless, the Manager and the Attorney, to insure the
homeless funds.
Mr. Jones: Just a point of clarification. Are you saying the homeless account now is not going
to be administered through the Dade Foundation?
Vice Chairman Teele: No, it would be... Yes. It would be the homeless, which would be
administered by the Dade Foundation, and one City of Miami account which would be
administered by the Dade Foundation, with informal record keeping being maintained in
conjunction with each Commissioner with the Office of the Clerk.
Chairman Hernandez: Is there a motion on the floor?
Vice Chairman Teele: So move, Mr. Chairman.
Chairman Hernandez: There's a motion by Commissioner... Vice Chairman Teele, seconded by
Commissioner Gort. All those in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays."
50 January 27, 1998
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-91
A RESOLUTION AUTHORIZING THE DADE COMMUNITY FOUNDATION("THE
FOUNDATION") TO ESTABLISH A GENERAL ACCOUNT IN THE NAME OF THE
CITY OF MIAMI, AND AN ACCOUNT FOR THE HOMELESS PROGRAM, FOR
PURPOSES OF RAISING AND DISBURSING TAX DEDUCTIBLE CHARITABLE
FUNDS ACCORDING TO THE FOUNDATION'S GUIDELINES, STIPULATING
THAT: 1) BOTH ACCOUNTS SHALL BE ADMINISTERED BY THE DADE
COMMUNITY FOUNDATION AND 2) RECORDS SHALL BE MAINTAINED,
WITHIN THE OFFICE OF THE CITY CLERK, IN CONNECTION WITH EACH
CITY COMMISSIONER'S REQUEST(S) FOR DISBURSEMENTS FROM SAID
CHARITABLE ACCOUNTS; FURTHER DIRECTING THAT ALL REQUISITE
ACCOUNTING STEPS BE TAKEN TO IMPLEMENT THE AFOREMENTIONED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: On the entire...
Chairman Hernandez: On the entire consent agenda, we have...
Vice Chairman Teele: So move, as amended.
Commissioner Plummer: Second.
Chairman Hernandez: Right. As amended. We have a motion by Vice Chairman Teele,
seconded by Commissioner Plummer. All those in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays."
51 January 27, 1998
9.1
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT TERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED AS A
REGULAR ITEM ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY VICE
CHAIRMAN TEELE AND SECONDED BY
COMMISSIONER PLUMMER, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
ACCEPT BID: APRICOT OFFICE SUPPLIES -- FOR OFFICE SUPPLIES
CITYWIDE -- ALLOCATE $325,000 FROM VARIOUS USER DEPARTMENT'S
BUDGETS.
RESOLUTION NO. 98-92
A RESOLUTION ACCEPTING THE BID OF APRICOT OFFICE
SUPPLIES FOR THE FURNISHING OF OFFICE SUPPLIES
CITYWIDE, ON A CONTRACT BASIS FOR ONE (1) YEAR
PERIODS, AT A TOTAL PROPOSED ANNUAL AMOUNT OF
$325,000.00; ALLOCATING FUNDS THEREFOR FROM FY '97-98
BUDGETS OF THE VARIOUS USER CITY DEPARTMENT,
SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THESE PURCHASES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
52
January 27, 1998
9.2 AUTHORIZE SETTLEMENT: EMMA THOMAS ($65,000), CASE. NO. 92-26666-CA
(15).
RESOLUTION NO. 98-93
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY EMMA THOMAS, THE SUM OF $65,000.00, WITHOUT ANY
ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI IN THE CIRCUIT COURT OF
DADE COUNTY, FLORIDA, CASE NO. 92-26666-CA (15), UPON
THE EXECUTION OF A GENERAL RELEASE RELEASING THE
CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE
NO. 515001.424401.651.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
9.3 AUTHORIZE DADE COMMUNITY FOUNDATION TO ESTABLISH ACCOUNTS
IN THE NAME OF CITY OF MIAMI OVERTOWN NEIGHBORHOOD
PARTNERSHIPS PROGRAM -- FOR RAISING / DISPENSING TAX DEDUCTIBLE
CHARITABLE FUNDS.
RESOLUTION NO. 98-94
A RESOLUTION AUTHORIZING THE DADE COMMUNITY
FOUNDATION ("THE FOUNDATION") TO ESTABLISH A
GENERAL ACCOUNT IN THE NAME OF THE CITY OF MIAMI'S
OVERTOWN NEIGHBORHOOD PARTNERSHIPS PROGRAM, AND
SIX ADDITIONAL ACCOUNTS IN THE NAME OF THE MAYOR
AND INDIVIDUAL CITY COMMISSIONERS, RESPECTIVELY, FOR
PURPOSES OF RAISING AND DISPENSING TAX DEDUCTIBLE
CHARITABLE FUNDS ACCORDING TO THE FOUNDATIONS'
GUIDELINES; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO TRANSFER FUNDS IN THE CITY'S OVERTOWN
NEIGHBORHOOD PARTNERSHIPS' ACCOUNT TO THE
FOUNDATION'S OVERTOWN NEIGHBORHOOD PARTNERSHIPS'
ACCOUNT; AND, DIRECTING THAT ALL REQUISITE
ACCOUNTING AND LEGISLATIVE STEPS BE TAKEN TO
IMPLEMENT THE AFOREMENTIONED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Commissioner Plummer: Mr. Chairman, if I may?
Chairman Hernandez: Yes.
Commissioner Plummer: I'm going to bring up the subject very quickly in reference to Mr.
Teele's reference to me on the fire fee. Mr. City Attorney... City Manager, I want to bring to
your attention very quickly at a meeting of the homeowners in reference to this matter, they're
53 January 27, 1998
going to be asking this question, and I want you to be prepared for it. Is it February the 24th
now?
Unidentified Speaker: For what?
Commissioner Plummer: For the fire fee.
Commissioner Gort: The loth.
Commissioner Plummer: I was told the loth, and now, somebody is saying the 24th. Would
you verify that and put it back out over the TV right now. And let me tell you the question
they're going to be asking, and you better be prepared to answer: "If you have a fire fee, are you
now going to provide the condominiums with garbage?" So be prepared. Thank you. And if
you would, let's get the correct date. I thought it was the loth. Somebody said it was the 24th.
And now you're saying, like I thought, it was the loth. So, please, before we leave here, let's
make an announcement, because I know all the condominium people are listening. Thank you,
Mr. Chairman.
Chairman Hernandez: Thank you very much.
Vice Chairman Teele: Mr. Chairman, and on the point...
Chairman Hernandez: Vice Chairman.
Vice Chairman Teele: Mr. Manager, it would really be good if we could limit the agenda when
we bring the fire fee up, so that we don't wind up competing against ourselves and against the
citizens, because I think there's going to be an outpouring of discussion.
Commissioner Plummer: Yeah. The schools all sent home a letter to parents.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner Plummer, I'm informed that it's
February 24th, which would be the reading and adoption of the final rates.
Commissioner Plummer: Well, they were right. It had been scheduled, though, for the 10th.
OK, 24th it is. The fire fee will be heard for the second and final... first, second, final reading on
the 24th.
54 January 27, 1998
----------------------------------------------------------------------------------------------------------
10. (A) DISCUSS CITY ATTORNEY'S EVALUATION REPORT -- DENY
REELECTING A. QUINN JONES, III, AS CITY ATTORNEY.
(B) APPOINT JOEL EDWARD MAXWELL AS INTERIM CITY
ATTORNEY -- PREPARE REQUEST FOR QUALIFICATIONS
WITHIN SEVEN DAYS -- SELECT CITY ATTORNEY BY MARCH
1, 1998 AND ALLOW A. QUINN JONES TO RE -APPLY --
DESIGNATE VICE-CHAIRMAN TEELE TO COORDINATE
EFFORT.
(C) DIRECT CITY MANAGER TO BEGIN IMPLEMENTATION OF
STRATEGIC PLAN PROCEDURE FOR LAW DEPARTMENT.
(D) DISCUSS DEVELOPMENT OF POLICY STATEMENT FOR USE
OF OUTSIDE COUNSEL.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: OK. The next item on the agenda is the election and the appointment of
the City Attorney. It's item number 2, a regular, non -Planning and Zoning item. I have three, as
well as all of you, I suppose, have three reports in front of you. You have a report that was
requested of Commissioner Willy Gort. That was given to me last week. I have a response by
the City Attorney, A. Quinn Jones, III, to that report. And I was given late yesterday afternoon a
report by the Legal Affairs Management Committee to the City of Miami, which was appointed
by the Financial Emergency Oversight Board.
Commissioner Plummer: Well, can I ask a question, just for the record? When did you get those
two booklets?
Chairman Hernandez: I got these booklets yesterday afternoon.
Commissioner Plummer: Yesterday afternoon. OK.
Chairman Hernandez: The report from the Legal Affairs Management Committee.
Commissioner Plummer: Because I come in, in the morning, before lunch, and when I went and
was here yesterday morning, none of those documents were here. When I came in this morning,
I found two big brown envelopes. And I have not had the chance to read them, to be honest with
you. Take it from there.
Vice Chairman Teele: Mr. Chairman.
Commissioner Gort: Go ahead.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: I had asked, and I deeply appreciate the Commission giving me the
opportunity, but I had asked that Commissioner Gort be empowered to make a recommendation,
since he has certainly been here, and we have his report. I would like to hear from
Commissioner Gort before we...
Chairman Hernandez: That was my full intention, to give the floor to Commissioner Gort, who
provided the report to all of us last week. Commissioner Gort.
55 January 27, 1998
Commissioner Plummer: That one, I did read.
Commissioner Gort: Well, that one, you got on time, right?
Commissioner Plummer: That one, I got on time, and that one, I did read.
Commissioner Gort: OK. We made sure you all got it on time. As you all recall, on November
25th, in the meeting, I was asked to gather information and present it to the City Commission to
facilitate the Commission's evaluations of the incumbent City Attorney, Quinn Jones. The
evaluations would determine whether or not to renew Mr. Jones' contract as the City Attorney.
The objectives set forth by my effort is to interview appropriate persons, and based on such
interviews, to evaluate the quality of the legal representation that has been afforded to the City
Commission and Mayor, by the incumbent City Attorney, and to make recommendations. At
this time, what I'd like to do is go basically through the report. My report is based
approximately on one and a half months that I was asked to do this task. It is based on
interviews, as described in the report that you all have. I approached the renewal and non -
renewal issues by considering the two elements of the lawyer/client relationship. Why? Why
two reasons? First, I believe this City Commission has had six years of experience of working
with and from the Law Department under Quinn Jones' leadership. We have heard from Mr.
Jones over these years what we believe he requires to run the Law Department. Second, I
wanted to learn both what the every day user of the Law Department services, and the less
frequent users think about the quality and the timeliness of the service they receive from the Law
Department. Department heads, Commissioners and the Mayor were interviewed in excess. I
sought to hear from the client's side whether the relationship was working and what specific area
improvement could be made, and in what specific area the relationship was functioning well and
needed no improvement. These results are set forth in my report. I want you to know what I did
not do. I did not perform an efficient review of the Law Department from within. I believe that
the Oversight Board Committee was going to do this. I did not compare the City of Miami Law
Department's performance, staff and salaries, organizations, etcetera with any other
municipality's Law Department, because I think our City is unique and different. I did not
evaluate the quality of the City of Miami Law Department's legal products or case result. It is
important to state that both the process and result of this review are not based on personality. To
me personality is irrelevant, and I have proven that in the past. The City has had in the past
outgoing City Attorneys, intellectual ones, we've had City Attorneys who were trial attorneys,
and City Attorneys who were business lawyers. What this report contains are my best efforts to
give objective and specific standards to the City Attorney of Miami. Whether Mr. Jones or
someone else can deliver the best legal service in the best form to the City of Miami. Most of
you are aware that the Oversight Board has conducted over what is said to be a nine -month
period a review of the operation of the Law Department. The Oversight Board Committee's
report was published this past Friday night, which you all received a copy of. It's a long report.
This Oversight Board Committee had a different mission and scope than those that I had.
Nonetheless, and despite all the differences in process, approach and mission, every
recommendation for improvement from within the Law Department that is contained in the
report, in my report, is also contained in the Oversight Board Committee's report. This indicates
that the two reviews, which were made totally separately, reached essentially the same
conclusion regarding the critical areas of necessary improvement from within the Law
Department. In Gort's review, or my review, number one, improve control over tracking of
work assigned to speed delivery of legal services and have periodic review of work in progress.
Oversight Board Committee not address, not through the report, stated that the present and
former City Manager and department heads were interviewed. The next big reference in page
number 4 of their report: Empower Deputy Chief Assistant City Attorneys and make them
responsible for the delivery of legal products. Yes. Recommendation number 17, page 39 on
their report. Have frequent staff meeting. Yes. In my report, have frequent staff meeting.
Oversight Board Committee, yes. Recommendation number 6, page 23. Recommendation
56 January 27, 1998
number 8, page 28. Reduce political influence in Law Department in hiring and promotion area.
Yes. Recommendation number 1, page 16. Adopt objective standards and implement annual
attorney performance review and tie the compensation to performance review. Yes.
Recommendation number 2, page 16. Recommendation number 3, page 17. Recommendation
10, page 31. Number 14, page 35. Periodic performance review and objective standard of the
Law Department. Not addressed in recommendation. Number 2 calls for all Law Department
employees to be reviewed. So... and their number two recommendations, they ask for the...
almost the same thing. Re -map the tort committee by adding other members and convene
meetings, not send them reports and review. That answer not addressed by them. Develop an
appropriate anti -settlement bias. Not addressed by them, either. The Law Department should
conduct training seminars anti -settlement bias. Yes. Recommendation number 8, page 28, need
to have seminars. They refer to having seminars. Commission must have defer to City Attorney
advice were not refrained from in the Sunshine debate, that could prejudge a case against the
City. Yes. Recommendation number 5, page 19. Law Department must have the ethic and
public lawyers officals of the public. Not addressed, but read finding on page 22. There's an
ongoing perception in the legal community at large that the office or their ability has been
adversely impacted. And this is a comparison on the two reports that were done by different
individuals, and these are the similarities. When it came to my recommendations, I didn't want
to specifically take the privilege from you all, especially Commissioner Teele, since this is your
department, I gave you three alternatives. I believe if you were to ratify the contract by the
Attorney Jones that the recommendations recommended by my report, the Oversight Board
should be implemented. If you decide not to ratify the contract, I would suggest that we have an
interim Attorney. We have two individuals that can very well do so. And set up a committee
and search for another attorney. And those are the recommendations I put forward to you all.
Chairman Hernandez: Vice Chairman...
Commissioner Plummer: Mr. Chairman, if I could?
Chairman Hernandez: Commissioner Plummer.
Commissioner Plummer: Not speaking to the sum and substance of the results, but I want to
congratulate Commissioner Gort. That is as good a report as I have ever seen done, in-depth. I
don't think it was biased in any way. I think it was factual. I think the people involved, that
should have been involved, were involved, and were able to voice their comments. And I just
think that this Commission owes him a thank you for a report well done. You can argue about
the results, but I think the report, itself, was very, very good.
Chairman Hernandez: Commissioner Gort, at this point in time, do you have a motion before
this Commission?
Commissioner Gort: Well, looking at the two reports that we have here, I think we have a lot of
conclusion. I think our present Attorney had a chance over the last six years to make some
changes. People that use this department are the ones that we listen to. And my motion would
be not to renew the contract.
Chairman Hernandez: There is a motion on the floor. Is there a second at this point in time?
Commissioner Plummer: I second the motion.
Chairman Hernandez: There's a motion on the floor by Commissioner Gort. There is a second
by Commissioner Plummer.
Vice Chairman Teele: Mr. Chairman.
57 January 27, 1998
Chairman Hernandez: Vice Chairman Teele, discussion.
Vice Chairman Teele: Mr. Chairman, again, I find myself in full agreement with Commissioner
Plummer. This report is as well written and as well thought out as any report I've ever read as it
relates to a sensitive personnel matter. And it's very unfortunate that the Florida Sunshine Law
requires that personnel matters in such cases like this be discussed in public, because it's not a
pleasant thing, and it's... in many ways, it's not fair to the individual. But at the same time, I
guess the greater good to the public body outweighs that. I do agree with Commissioner
Plummer that you can disagree with the findings of the recommendations, although I think the
findings are well thought out and well framed. I would only hope that if this motion passes, that
there would be an expression by the maker of the motion, at least, that the incumbent would not
be precluded from applying under an RFQ (Request for Qualifications) process, as you outlined.
I'd just like to get that clarification, if I could.
Chairman Hernandez: Before we make the clarification, first, you have to make a motion not to
reappoint, and...
Commissioner Gort: Let me restate, the motion is not to reappoint.
Vice Chairman Teele: Oh.
Chairman Hernandez: If I may join Vice Chairman Teele, all of us here believe, obviously, in
the process. And I know that all of us... and I would think it would only be just that the present
City Attorney be allowed to take part in the process of reapplying and going through, which
would be an interview process, which I recommend, and I would request that it would not take
more than 30 days. And we would send an RFQ within the next seven days out to the public,
and have interviews, and make a selection by, I would say, the first meeting in March. Go
ahead, Commissioner Gort.
Commissioner Gort: Well, first of all, I don't have a second. So.
Commissioner Plummer: No, I seconded it.
Commissioner Gort: Oh, you seconded it?
Chairman Hernandez: We have a second by Commissioner Plummer.
Commissioner Gort: OK. Under discussion. I think the... My understanding is we have
someone who chairs the Legal Committee for the Commission, and I think that individual should
be responsible to put the whole thing together. At the same time, I agree with the process, and I
think it should be open to everyone. Anyone that would like to apply, they should apply. In the
meantime, I think we should name an interim, and we... I understand we have an Assistant.
Chairman Hernandez: Well, I guess we ought to take a vote first, and then move on to...
Vice Chairman Teele: See if there's the votes there for this. I want to just say this, Mr.
Chairman, and to my colleagues. The last year has been a very difficult year for the City of
Miami. I don't think there is any department head or any key individual that has not had some
sleepless nights, and has not had to have a tremendous sacrifice. Mr. Manager, I'm very
concerned about the rate of attrition in the Police Department. I think the Police Department rate
of attrition has probably doubled this year in what it has been historically. And I use that only as
a parallel. I mean, I know of four women that have... that have resigned. One person has
resigned just out of pure frustration of the process not working. Now, I don't want to commingle
58 January 27, 1998
the issues here, but there's a lot of frustration. It's not just a City Attorney problem. It is in
every department. We saw it in Solid Waste the other week. And Mr. Manager, I want to
commend you, because you moved very quickly and expeditiously, and dealt with some
problems, something this community has not seen. And we owe you, clearly, a debt of gratitude.
But there is a high level of frustration. And a lot of this has nothing to do with the employees.
In the case of the City Attorney, it has no... in some cases. My observation of this City Attorney,
based upon the legal opinions that he issued, and memorandums which, quite frankly, took a lot
of courage, and, quite frankly, served as a rudder for a ship that had really just started going
adrift over the last 90 days in the case... And I'm not talking about State Attorney issues. I'm
talking about just basic issues. The legal opinions were as well as any opinions that I have seen,
including, Mr. Chairman, a cite on one of Mulberg (phonetic) versus Maddison, which I've not
seen cited since I was in law school. I don't know the circumstances of this full report, but I do
acknowledge that there are findings which I am in total agreement with. In addition, there are
findings which are not clearly outlined here relating specifically to the CDBG (Community
Development Block Grant) activities and the audit, the draft audit, that are not incorporated very,
very clearly in here that need to be addressed, too, that relate to the City Attorney's Office. So
I... This was not a hatchet job, and that's what I'm trying to say. I just don't agree with the
recommendation. I agree with the findings, but I don't agree with the recommendation,
respectfully, based primarily on what I've observed for the last 90 days. But the other four
gentlemen have been here for at least two years, and obviously have the benefit of two years of
vision, and I'm only looking at it for 90 days. And so whatever the outcome it is, let us be
unanimous in our intent to go forward positively. And I, too, want to commend Commissioner
Gort for a fair process. And thank you.
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: I just want to say that, as Vice Chairman Teele has just said, that our
City Attorney gave opinions that were important during the process in this City, and that we
have many, many good attorneys in our department. I would just hope that we won't use this
report, in case of... that the City of Attorney that is leaving now would like to reapply to be
considered in the process, that we won't use some of the critical points of that to consider the
appointment of the new City Attorney. And I... As the Vice Chairman said, I'm willing to go
and participate as a whole Commission in this process.
Chairman Hernandez: Roll call, Mr. Clerk.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-95
A MOTION STATING THAT THE CITY COMMISSION SHALL NOT REELECT
AND REAPPOINT ALLEN QUINN JONES, III, AS CITY ATTORNEY.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: Vice Chairman Arthur E. Teele, Jr.
ABSENT: None.
59 January 27, 1998
Chairman Hernandez: We have to move at this point in time to appoint...
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes.
Vice Chairman Teele: I would move that the person sitting in the chair now remain in the chair
until an RFQ can be issued. I adopt fully your recommendation that it go out within the next
seven days, that the Manager, the Clerk, and the acting Attorney cooperate in putting it together,
with minimum requirements, and that an interview process he set up.
Commissioner Plummer: Second the motion.
Vice Chairman Teele: I would have a second motion if this passes.
Chairman Hernandez: There's a second motion... second to your motion.
Commissioner Plummer: Second the motion.
Commissioner Regalado: Second, I second your motion.
Commissioner Gort: Under discussion.
Chairman Hernandez: OK. Under discussion.
Commissioner Gort: Chairman Teele, now that the ball is in your court, and I know you can
handle it very well, if possible, even during the interim time, I would like to see if some of the
recommendations by both...
Vice Chairman Teele: Well, that's what I want to cover on the second motion.
Commissioner Gort: OK.
Chairman Hernandez: OK. We have a motion by Vice Chairman Teele to appoint as interim
Joel Maxwell as the interim City Attorney, and we have a second by Commissioner Regalado.
Roll call, please.
60 January 27, 1998
The following resolution and motion were introduced by Vice Chairman Teele, who moved their
adoption:
RESOLUTION NO. 98-96
A RESOLUTION APPOINTING JOEL EDWARD MAXWELL AS INTERIM CITY
ATTORNEY UNTIL SUCH TIME AS THE CITY COMMISSION APPOINTS A
PERMANENT CITY ATTORNEY.
(Here follows bodies of the resolution and motion, omitted here and on file in the Office
of the City Clerk.)
MOTION NO. 98-96.1
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY
ATTORNEY AND CITY CLERK TO COOPERATE IN PREPARING A REQUEST
FOR QUALIFICATIONS (RFQ) TO ALL INTERESTED PARTIES IN
CONNECTION WITH THE SELECTION OF A PERMANENT CITY ATTORNEY;
SAID RFQ SHOULD GO OUT WITHIN 7 DAYS FROM THE DATE OF THIS
COMMISSION MEETING; FURTHER STATING THAT AN INTERVIEW PROCESS
BE ESTABLISHED FOR SAME; FURTHER STIPULATING THAT SAID PROCESS
SHOULD NOT TAKE MORE THAN 30 DAYS AND THAT FORMER CITY
ATTORNEY A. QUINN JONES BE ALLOWED TO PARTICIPATE IN SAME;
FURTHER STATING THAT AN INDIVIDUAL SHALL BE APPOINTED FOR SAID
POSITION AT THE FIRST MEETING OF MARCH; FURTHER DESIGNATING
VICE CHAIRMAN ARTHUR A. TEELE TO COORDINATE THE
AFOREMENTIONED SEARCH EFFORT.
Upon being seconded by Commissioner Regalado, the resolution and motion were passed
and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: Mr. Chairman, we also have a... two good reports that are before us. And
I think, much as we did with the Manager, who came in with the benefit of a five-year plan on
the table, and we basically asked him, after we approved the five-year plan, "Mr. Manager, can
you live with this plan and implement this plan?" I think it would be a big mistake for us to hire
a new Attorney and then say... then let's start. So what I would like... and again, I don't want to
shift something to Commissioner Gort, because I've agreed to do the part on the recruitment.
But I would like to respectfully request that Commissioner Gort and his staff and committee
continue to work on the recommendations and findings that you have identified, to go through a
process using the consultant, or the external auditor, or whoever the Manager can make
available, to do the... What is that thing the Chairman of the Oversight Board is demanding
that... is requesting that we do all the time for every department?
61 January 27, 1998
Mr. Jose Garcia Pedrosa (City Manager): That's the strategic plan and the procedure for each
department.
Vice Chairman Teele: And to implement a... to begin the implementation of a strategic plan
procedure for the Law Department, and basically, make recommendations on how we can codify
the recommendations in your findings. And I would hope that you would accept that in the spirit
it is offered, rather than changing horses and letting me try to understand the ground that you've
covered. Now, I would work with you or for you...
Commissioner Gort: Sure.
Vice Chairman Teele: ... in that regard. And I would so move that we move forward with that,
so that in 30 days, the new City Attorney will have at least the skeletal or... of a plan that we say,
"Can you live with this or not?" as opposed to saying, "Now, you know, look at it," then come
back a year later and say, "Well, I don't think anything is wrong..."
Chairman Hernandez: Right, absolutely.
Vice Chairman Teele: "... I think everything is fine."
Chairman Hernandez: We have a motion by Vice Chairman Teele, seconded by Commissioner
Gort. Can we take a roll call on that?
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-97
A MOTION DIRECTING THE CITY MANAGER TO BEGIN THE
IMPLEMENTATION OF A STRATEGIC PLAN PROCEDURE FOR THE LAW
DEPARTMENT, INCLUDING MAKING RECOMMENDATIONS ON HOW THE
COMMISSION CAN CODIFY THE MANAGER'S FINDINGS REGARDING SAME.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: And Mr. Chairman, finally, I would specifically request that you, as
Chairman, develop a policy statement for this Commission to consider on the use of outside
counsel, because I think that ought to be something that we debate and discuss. You've worked
in the department. You're a lawyer. You're well established. And I really do think that we've
got two or three Commissioners feeling that we ought to have more outside counsel, two or three
saying that we ought to have less. And I really think it's important that this Commission
establishes what the policy is going to be, independent of everything else. And I would ask you
respectfully...
62 January 27, 1998
Chairman Hernandez: Sure.
Vice Chairman Teele: ... to give us a report...
Chairman Hernandez: I'd be honored to do that, and I'll do a report in a couple of weeks.
Vice Chairman Teele: Thank you.
Chairman Hernandez: Thank you very much. We move on to item number 3. We're going to
move that until five o'clock, I believe, which is the CRA (Community Redevelopment Agency)
Board meeting.
NOTE FOR THE RECORD: At this point, agenda item 3 was
continued to 5:00 p.m.
----------------------------------------------------------------------------------------------------------------
11. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 4 (AMEND
SECTION 18-182 OF CODE -- ELIMINATE REQUIREMENT FOR TWO
APPRAISALS FOR SALE OF CITY -OWNED PROPERTY).
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: So let's move on to item number 4 of the regular Commission. This is a
proposal by the Mayor of the City of Miami. And what he wants to do basically is waive the
need for two appraisals when the City of Miami sells property which is going to be utilized as
low income or moderate income housing. He's brought this before this Commission, and it's
basically to expedite the process in which we sell and develop our land.
Commissioner Gort: Well, actually...
Vice Chairman Teele: Mr. Chairman.
Commissioner Plummer: How are we going to determine what the value is?
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: I don't... Again, I am absolutely opposed to this at this time. We need to
clear the audit, the CDBG (Community Development Block Grant) audit. You know, a lot of
this... these lands were acquired with CDBG funds. And I just am uncomfortable until we can
clear that audit as to what we're doing. I mean, we're going in the direction that HUD
(Department of Housing and Urban Development) has asked us to go in the other direction of.
And if there is a strong support for it, I will...
Chairman Hernandez: Are you requesting to pull this item?
Vice Chairman Teele: I'm requesting that it be deferred but not...
63 January 27, 1998
Commissioner Plummer: Second the motion.
Vice Chairman Teele: We have a motion by Vice Chairman...
Commissioner Plummer: Under discussion, Mr. Chairman.
Chairman Hernandez: Yes.
Commissioner Plummer: My problem is very simple. If you don't have the audits, how are you
going to determine what the property is worth? And if you are eliminating both audits...
Chairman Hernandez: No. He's asking to eliminate one of the two appraisals; only to do one
appraisal, not two of them. That's all he's asking for.
Commissioner Plummer: OK.
Chairman Hernandez: So we would still have an appraisal. But anyway, I agree with Vice
Chairman Teele as to the audit. It needs to be done, regardless.
Commissioner Plummer: I agree.
Commissioner Gort: Mr. Chairman, under...
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Under discussion. If you... I don't know if you were here at that time, but
if you recall, at one time, Commissioner Teele, in order to get a lot of the lots in the
neighborhoods that you and I represent, we made a statement that we would have an RFP
(Request for Proposals), and the person that could build the house at the lowest cost to the buyers
would be given to them. There were certain lots that were identified. And I don't know if you
might want to look into that one.
Vice Chairman Teele: Yes. And USHUD is looking with us at the Laredo Plan, which basically
will allow us... the problem... To implement the Laredo plan, which is a plan that the current
Assistant Secretary of HUD, who was the former Mayor of Laredo developed, you just need a lot
of lots. And basically, they are prepared to work with us, once we resolve the audit, to
implement that plan. And basically, it would require a lot of turnkey activity.
Chairman Hernandez: There's a motion to defer item number 4 by Vice Chairman Teele,
seconded by Commissioner Plummer. All those in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays."
64 January 27, 1998
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-98
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 4 (AMEND
SECTION 18-182 OF THE CODE, THEREBY ELIMINATING THE REQUIREMENT
OF OBTAINING TWO APPRAISALS FOR THE SALE OF CITY -OWNED
PROEPRTY WHERE SUCH SALE WILL FURTHER THE OBJECTIVE OF
PROVIDING RENTAL OR SALES HOUSING AFFORDABLE TO LOW AND/OR
MODERATE INCOME FAMILIES AND/OR INDIVIDUALS.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
--------------------------------------- ------------------------------------------------------------------
12. FIRST READING ORDINANCE: AMEND CAPITAL IMPROVEMENTS
ORDINANCE 11337 -- APPROVE SCHEDULED CAPITAL IMPROVEMENT
PROJECTS FOR FY'97-'98.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item number 5 is to amend capital improvement ordinance...
Commissioner Plummer: Move it.
Vice Chairman Teele: So move... second.
Chairman Hernandez: It's an ordinance. Can you read the ordinance, please? Motion by Vice
Chairman Teele, seconded by Commissioner Plummer. Roll call.
Vice Chairman Teele: May I ask of the Manager? Now, I'm assuming that the... that the other
park that was approved in the plan has already gone forward, has already been approved?
Mr. Alberto Ruder (City Manager): Well, which plan are you talking about?
Vice Chairman Teele: The Dade bond program relating to the Hadley Park.
Mr. Ruder: Yeah, that has been approved.
Vice Chairman Teele: That's already been approved.
Mr. Ruder: Yeah. You're talking about the senior... the money for the senior building.
65 January 27, 1998
Vice Chairman Teele: Right.
Mr. Ruder: Yes, that has been approved in the past, and that's part of our CIP (Capital
Improvements Program) Program.
Vice Chairman Teele: Exactly.
Chairman Hernandez: Roll call, please.
An Ordinance entitled -
AN ORDINANCE AMENDING CAPITAL IMPROVEMENTS ORDINANCE NO.
11337, AS AMENDED, ADOPTED JANUARY 25, 1996, THEREBY CONTINUING
AND REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL
IMPROVEMENT PROJECTS FOR FY '97-98; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Vice Chairman Teele, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Re alado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
66 January 27, 1998
----------------------------------------------------------------------------------------------------------------
13. FIRST READING ORDINANCE: AMEND CITY CODE, SECTION 40-250,
(GESE TRUST) -- PROVIDE FOR REJECTION OF MEMBERSHIP BY
ASSISTANT CITY MANAGER & SPECIAL ASSISTANTS TO THE CITY
MANAGER.
Chairman Hernandez: Item number 6 deals with amendment of an ordinance to allow Assistant
City Manager and Special Assistant to the City Manager to reject being a part of the General
Employees and Sanitation Employees Retirement Trust. Is there a motion?
Commissioner Plummer: Move it.
Chairman Hernandez: Moved by Commissioner Plummer.
Commissioner Regalado: Second.
Chairman Hernandez: Seconded by Commissioner Regalado. Discussion? Can you read the
ordinance, please. Roll call, please.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CITY CODE RELATED TO THE CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST ("GESE TRUST"); MORE PARTICULARLY AMENDING
SECTION 40-250 PROVIDING FOR THE REJECTION OF MEMBERSHIP BY
ASSISTANT CITY MANAGERS AND SPECIAL ASSISTANTS TO THE CITY
MANAGER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Plummer, seconded by Commissioner Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
67 January 27, 1998
----------------------------------------------------------------------------------------------------------------
14. FIRST READING ORDINNACE: AMEND SECTIONS 55-1 AND 55-10 OF
CODE RELATING TO CITY BUILDING PERMITS -- FOR CONSTRUCTION
ON GOVERNMENTAL AGENCY -OWNED LAND.
Chairman Hernandez: Item number 7 is a first reading ordinance, and it's basically to...
Commissioner Plummer: Move it.
Chairman Hernandez: Moved by Commissioner Plummer.
Commissioner Regalado: Second.
Vice Chairman Teele: Second.
Chairman Hernandez: Seconded by Vice Chairman Teele. Roll call... I mean, excuse me, read
the ordinance. Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTIONS 55-1 AND 55-10 OF THE CODE OF THE
CITY OF MIAMI, FLORID& AS AMENDED, DEFINING GOVERNMENTAL
AGENCY AND PROVIDING A MECHANISM WHEREBY CITY BUILDING
PERMITS MAY BE ISSUED FOR CONSTRUCTION OF IMPROVEMENTS ON
GOVERNMENTAL AGENCY -OWNED LAND WITHIN THE BOUNDARIES OF AN
APPROVED TENTATIVE PLAT PRIOR TO FINAL PLAT APPROVAL AND
RECORDATION; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Vice Chairman Teele, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
68 January 27, 1998
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
15. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 8 (AMEND
SECTION 22-12 OF CODE: REDUCTION OF SOLID WASTE FEE) FOR
SCHEDULED MEETING OF MARCH 10, 1998 -- FURTHER REQUEST TO
SCHEDULE PUBLIC HEARING FOR THAT DATE.
Chairman Hernandez: Item number 8 is an emergency ordinance which has been proposed by
Vice Chairman Teele in reference to solid waste fees. Vice Chairman Teele.
Vice Chairman Teele: Right.
Commissioner Plummer: Well, somebody has got to explain to me what we're trying to
accomplish here. I mean, you're going to an eighty-three dollar ($83) a year fee, as I understand
it here; is that correct?
Mr. Jose Garcia Pedrosa (City Manager): What's in the plan is eighty-three dollars ($83). What
the ordinance seeks to do is to reduce it to fifty-five.
Vice Chairman Teele: No.
Commissioner Plummer: Not what I read here.
Chairman Hernandez: Eighty-three, 83.
Vice Chairman Teele: Eighty-three.
Chairman Hernandez: Eighty-three dollars ($83).
Vice Chairman Teele: No. It was... Let's just be very clear, so that we're all on the same page.
The plan that was approved in September of 1997 took the fee to zero. Zero. And that's why
I've got some concerns. Mr. Manager, I think there is an administrative error on the... in the
five-year plan on the budget of the five-year plan, page 68. In December of 1997, on December
30th, when we met, we adjusted that fee, based upon recommendations that were included in the
core initiative... in the core initiative - and if someone could get me a copy of the "Dear
Colleague" letter, I'll point out every word of that - to fifty-five ($55) dollars. In the budget
estimating conference, Mr. Manager, the budget estimating conference said that we had... there
was some error, and I still am trying to understand where the... how this page number 68 was
presented this way. But they said we had a two million dollar ($2,000,000) error. And basically,
the difference between 55 and 83, plus the issue related to the fire inspection fee will equal out
the budget so that we're in a positive position on our budget, based upon the estimating
conference. All of the money, 100 percent of the money based upon... Now, remember, on
September of '97, the number was zero. When Commissioner Regalado started making his
points about... and I don't mean to make this personal. When we talked about the 50 people on
the solid waste cleanup, we said we'd come up with money. We calculated that out for the year.
The first thing we added in was the Mayor's beautification program. The next thing we added in
were the technology enhancements and the training for the civil... for the employees. And
basically, we added in activities associated with the core initiative. And we said throughout it...
69 January 27, 1998
and I will be happy to read you the language - does anyone have the "Dear Colleague" letter - in
which we pointed out at every step of the way every core initiative that we approved cost money.
OK? The Boundaries Commission is probably one of the more important things that we will do.
There's going to be a cost associated with that. And so, this is the number, based upon the last
meeting of the... of the full Oversight Board that we need to bring our budget into compliance.
Commissioner Plummer: Well, I'm still going to raise concern. I just got my bill for eighty-
three dollars ($83). I don't know whether it said a half a year or a full year.
Commissioner Gort: Half a year. It's a half a year.
Commissioner Plummer: OK. What...
Vice Chairman Teele: It's a half a year.
Commissioner Plummer: It's a half a year.
Vice Chairman Teele: But if this ordinance is approved, it will be for the whole year.
Commissioner Plummer: OK. Then I'm going to raise my concern again, and then I'm going to
shut up. I am concerned that, in reference to the fire fee, that that maybe could be held in
abeyance through a legal action. And I think at that time, this City's going to be in serious
trouble. I mean, that is proposed to raise twenty-four million dollars ($24,000,000) for this City.
All I can say to you is, I would not want to adjust or mess with the garbage fee until such time as
that is in, declared constitutional, and has withstood any of the challenges. I just think we could
be in jeopardy.
Vice Chairman Teele: Commissioner, Commissioner, I'll be happy to withdraw this ordinance.
I'll be happy to, because eighty-three dollars ($83)... What's the bill that's out there now?
Chairman Hernandez: Eighty-three dollars ($83).
Commissioner Gort: Eighty-three dollars ($83).
Vice Chairman Teele: Eighty-three dollars ($83) is out there now.
Commissioner Gort: Yeah.
Vice Chairman Teele: You are the person who continued to make the point that it's an illegal
fee, that the fee cannot be charged. I'm trying to protect us on both sides of this issue, because
the budget plan that we approved in September had this fee at zero.
Commissioner Gort: That's right.
Vice Chairman Teele: OK? Now, we can't have it both ways, J.L. At the last meeting...
Commissioner Gort: Not the budget...
Vice Chairman Teele: Let me stand corrected. The Budget Director is saying no.
Commissioner Gort: Not the one in September. In September, we did have a fee.
Commissioner Plummer: No. We said in September that if the... I didn't say it. It was said by
this Commission if the fire fee was instituted and was in effect that they would eliminate the
70 January 27, 1998
garbage fee. Now, that never happened. Also, there was a comment made by that one in power
at the time who said that, hopefully, by January the 1st that funds could be found to eliminate the
fire fee.
Vice Chairman Teele: Who said that?
Commissioner Plummer: The former Mayor.
Vice Chairman Teele: OK.
Commissioner Plummer: All right? And also, there was the other area as far as the fire
inspection fee. And the only thing that we really did was we reinstituted the recycling fee - no,
excuse me - the recycling pickup, which was about nine... Dipak, recycling was about 800,000...
900,000 that we put back into the budget, and that would carry that over until January the 1st.
My understanding, Arthur, was the fact that it would be eliminated to zero if the other would
pass. One would offset the other, that was my understanding.
Vice Chairman Teele: But, Commissioner, let me just state this. And I'm really having some
difficulty, but it doesn't matter. If the fire fee doesn't pass, if the fire fee doesn't pass this
Commission, if the fire fee is somehow held up in a litigation...
Commissioner Plummer: That's my area.
Vice Chairman Teele: ... this isn't going to solve it one way or the other, because we've got a
twenty-four million dollar ($24,000,000) problem. This is a four million dollar ($4,000,000)
issue. And what I'm telling you is one has nothing to do with the other. And that's one of the
points that Commissioner Gort's report kept saying, is that we don't really listen when the
Attorney says one has nothing to do with the other. But trust me, J.L., from a financial point of
view, if the fire fee goes down by this Commission, or if the courts, for whatever reason, in some
way provide some type of relief that allows that we cannot collect the fire fee, this City is in deep
doo-doo.
Commissioner Plummer: I don't know about that, but we're in deep trouble.
Chairman Hernandez: Vice Chairman...
Vice Chairman Teele: Well, J.L., there is... it's a twenty-four million dollar ($24,000,000)
problem.
Commissioner Plummer: Arthur, I have no qualms whatsoever that if, in fact, what would
happen if in... if the courts didn't allow us to collect. What it's going to do is to come back to
this table to find some other source or way of raising the funds to meet the budget. Now, there
are other ways of doing it. Maybe some might be more palatable or not palatable. You might
come back with a different configuration. As I said this morning, the first question that's going
to be asked of you on February the 24th, now that you've eliminated the garbage fee, and
charging everybody, single-family - OK? - as the condo people say, they are a single-family
residence. Are you going to provide them with garbage that they're now having to pay a private
sector for?
Vice Chairman Teele: And the answer is, one has nothing to do with the other.
Commissioner Plummer: Well...
Vice Chairman Teele: Very simply.
71 January 27, 1998
Commissioner Plummer: Well, they're saying it does, and that's going to be the basis of their
lawsuit.
Chairman Hernandez: Please.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: So I'm saying to you these are the areas that, you know, if you can't...
Vice Chairman Teele: I'll be happy to defer this item, but let me just say this. I believe that
it's...
Commissioner Plummer: I paid mine.
Vice Chairman Teele: I believe that it is important that we provide some relief to the
homeowner and we have not.
Chairman Hernandez: Yes. Vice Chairman Teele, that's the... I think the most important issue
here.
Commissioner Plummer: Mr. Teele, I have received my bill, and paid my bill.
Chairman Hernandez: Commissioner Plummer, if I may, to clarify something.
Vice Chairman Teele: The first half.
Chairman Hernandez: And we were looking at... Again, Vice Chairman, you were not here, and
we were here when we were discussing the fire assessment fees. And it's unfair that you sit here
today without at least having the minutes before you. I remember, and I can speak, I think, for
the majority of us here, and they are apples and oranges when we're discussing the fire
assessment fee and solid waste fee. The solid waste fees the first half of the year are out, eighty-
three dollar ($83) bill. And I can speak for myself, and I think I can speak for most of us here,
especially for you who represent possibly, like me, the poorest part of the City of Miami. Those
people that I was able to convince, and that's how they convinced me to vote in favor of the fire
assessment fee, because the idea was that they were going to get, in fact, a rebate of almost
thirty-three dollars ($33), because that was the difference between the fire assessment fee and
waiving the solid waste fee at the time. Now, again, we're discussing two things that have... one
has nothing to do with the other. If, in fact, Commissioner Plummer then pays his eighty-three
dollars ($83), which he's already been billed, we have to establish some kind of rebate, some
kind of relief to these homeowners, single-family in specific, wherein the way I perceive it, once
the fire assessment fee is passed and Commissioner Plummer has already paid his eighty-three
dollars ($83), there has to be some process.
Commissioner Plummer: Well, that's simple.
Vice Chairman Teele: Mr. Chairman, we have a difference of philosophy. And I fully agree
with you, I believe the City to be in an emergency. I believe that we have an obligation, not only
to the employees, but to the citizens. There are a number of activities that have been outlined in
our core initiative, and they have all been annotated by saying it is dependent on another revenue
stream. OK?
Chairman Hernandez: Correct.
72 January 27, 1998
Vice Chairman Teele: One example is the extensive training, certification and continuing
education for employees. The City must undertake an extensive, bottoms up training initiative to
insure that each City employee is afforded the opportunity to become a high school graduate, or
a GED equivalent, and to be computer and Internet literate. In addition, the City should provide
opportunities for certified training. Funds for this initiative are dependent upon the general fund
availability of proceeds generated by the solid waste fee. Now, the only point that I'm making
here is you can go throughout this, everything, every one of these core initiatives... and I don't
have a problem not doing some of them. But if we're going to do them, we have to fund them.
And we've got a work force that is being burned out, and they need help. We've got a Clerk's
Office that is in the dark ages in technology, with all due respect. And I don't mean that as a slur
at our distinguished Clerk, but we really do have some very serious needs that have been just
overlooked, and have been pushed aside for year after year. I believe there may be three of us or
four of us up here, with all due respect to you, Mr. Chairman, who would be willing to take this
up to give the Mayor a beautification program that's second to none, that will deal with the kinds
of problems of cleaning up this city, neighborhood by neighborhood. I don't think people mind
paying a fee as long as they get something. The problem is that when you pay.. and that's why a
part of this is to escrow the money. A part of this is when you put the money in the pot, and you
never see it again, and the people in their homes don't get services, they don't like it.
Commissioner Regalado: Mr. Vice Chairman... Mr. Chairman.
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: Mr. Vice Chairman, you're right when you say that everything that we
say we need to do here costs money, and a lot of money. And the problem is that we all kept
saying, when you get billed for the fire fee, you're not going to have to pay for the garbage
pickup. Now, I agree, I agree that there are a lot of people in the City of Miami who would be
happy if we don't charge one dollar more, if the difference between the fire fee and the solid
waste bill will be the same, if they have to pay the same amount, and... but I will tell you, I will
tell you that if we were to charge maybe ten or twenty dollars ($20) more, the problem of
credibility of this Commission will be greater than ever, because people are going to say, well,
you said, you know, after you guys did approve the fire fee, you said you were not going to
charge us, and now you're charging us. So I would... You say, Mr. Chairman, and you're right,
that this... one thing doesn't have to do with the other. But if we can discuss this in the public
meeting on the 24th, I'm sure that we'll be able to come up with something, because one thing is
related to the other, because this Commission has gone on record, publicly, that we are not going
to charge a solid waste fee.
Chairman Hernandez: Vice Chairman.
Commissioner Plummer: Well, you know...
Vice Chairman Teele: I'm willing to move to defer the item...
Chairman Hernandez: ... till February 24th.
Vice Chairman Teele: ... till February... I don't want to take it up when we take up the fire fee.
Chairman Hernandez: OK.
Vice Chairman Teele: I'd like to... at least to the meeting after the fire fee.
Chairman Hernandez: OK.
73 January 27, 1998
Vice Chairman Teele: But just know that in deferring this, I'm specifically requesting that the
Manager escrow those funds, so that those funds don't get administratively moved around,
because the intent of this money is to provide services in the neighborhoods, to provide a clean
City, and to provide an employee workforce with the kinds of opportunities to be trained, and to
get computers, so that we can, in fact, reduce our... we can increase the quality of our workforce,
and decrease the need to hire more and more people as we go forward. So I would move to defer
it.
Chairman Hernandez: Vice Chairman Teele, before there is a second and...
Commissioner Gort: Second.
Chairman Hernandez: Second by Commissioner Gort. Let me ask you this, when you ask about
escrowing the monies or restricting the funds, is that only until the Fire Assessment Fee is
justiciably justified or is forever...?
Vice Chairman Teele: No, it's until we take this item up...
Chairman Hernandez: OK.
Vice Chairman Teele: ... on the first meeting in March.
Chairman Hernandez: OK.
Vice Chairman Teele: Because it would be my intent in the first meeting in March to tie these
funds to things that people in neighborhoods can see. The kind of thing that Commissioner
Regalado and others are saying, we want to have people to go through these neighborhoods, not
just once a year, but on a monthly basis and clean them up. The kind of things I think people are
willing to pay for if they know it's going to happen. But, if the money is going to wind up, you
know, going into never, never land, nobody is going to want to pay for it.
Chairman Hernandez: OK, we have a motion to defer item eight, second by Vice Chair...
Motion by Vice Chairman Teele, second by Commissioner Gort.
Commissioner Plummer: Yep.
Chairman Hernandez: All those in favor say "aye."
The Commission (Collectively): Aye.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------
16. APPOINT GERALD SILVERMAN / FRANKIE ROLLE / MARTIN GARCIA
TO CIVIL SERVICE BOARD.
Commissioner Plummer: In reference to item nine, let me make an announcement on behalf of
Rita Suarez who asked that her name not be considered for reappointment. That she feels that
she has accumulated a lot of outside activities that will be taking her time, and she asked that the
74 January 27, 1998
announcement be made that she has enjoyed serving on that board, but at this particular time that
she did not want to be reappointed.
Commissioner Gort: Mr. Chairman.
Commissioner Plummer: If I may finish by making a nomination, if I may?
Commissioner Gort: I have got a question before you do, J.L.
Commissioner Plummer: OK.
Commissioner Gort: My understanding is, when I was first elected, Rita Suarez was my
appointment, now I see here, at -Large. I would like to have a clarification of that.
Vice Chairman Teele: What did you say?
Chairman Hernandez: Rita Suarez was his appointment and he wants to know why.
Commissioner Gort: Rita Suarez was my appointment when I was elected in November of '93.
And, at that time it was considered my appointment, or this Commission's appointment, and now
I see it here, at -Large. I would like to know what's the status on this.
Commissioner Plummer: Mr. Gort, you are asking an age old question because there is five
Commissioners and three appointments by this Commission.
Vice Chairman Teele: It's got to be a group appointment if it's less than five.
Commissioner Plummer: Yeah, because you can always... For years, it's always been that Jerry
Silverman was my appointment, and really, in fact, he was the Commission's appointment
because there is only three people to be appointed by the Commission...
Commissioner Gort: OK.
Commissioner Plummer: ... and, you know, I am ready to reappoint him again, today.
Mr. Joel Maxwell (Interim City Attorney): I think that the City Clerk can respond to that,
Commissioner.
Commissioner Plummer: Oh, OK.
Mr. Walter J. Foeman (City Clerk): There are three at -Large appointments the Commission...
before the Commission today. And, the incumbents to those positions, I think were Rita Suarez,
Gerald Silverman and Tal Fair. Those appointments expired January 24th. So, the Commission
now has the discretion of making three at -Large appointments.
Commissioner Gort: All right.
Vice Chairman Teele: At -Large.
Chairman Hernandez: Now, Commissioner Gort, do you have a nomination?
Commissioner Gort: No, I don't have a nomination, but I want him to clarify that...
Chairman Hernandez: Yeah.
75 January 27, 1998
Vice Chairman Teele: Yeah.
Commissioner Gort: ... point because I was told that that was my appointment.
Chairman Hernandez: OK.
Ms. Priscilla Thompson (Executive Secretary/Civil Service Board): Commissioner Gort.
Commissioner Plummer: I would like to nominate Gerald Silverman. He has done a very, very
good job. He is considered to be fair by both the employees as well as the administration. He
has served as its Chairman for years and I feel as I watch, he has done a good job. I place a
nomination in the name of Gerald Silverman.
Vice Chairman Teele: Second the motion. Mr. Chairman, let me ask this, are we going to get all
nominations or are we going to vote, one, two, three, and... or how are we going to do it?
Commissioner Plummer: Whatever you think is fair.
Chairman Hernandez: We... I think we should do... We have three positions available, correct?
Vice Chairman Teele: Yeah.
Chairman Hernandez: We have three names have been proffered, one that has pulled the name
out, so definite we have...
Vice Chairman Teele: What's the name that has been proffered.
Chairman Hernandez: We have Silverman and Tal Fair.
Mr. Maxwell: Mr. Chairman.
Chairman Hernandez: Yes.
Mr. Maxwell: I would suggest that you do them individually. Vote on them individually.
Chairman Hernandez: OK, well...
Mr. Maxwell: Take each nomination separate and vote on them individually.
Chairman Hernandez: We have a motion to appoint, Mr. Silverman, Gerald Silverman.
Commissioner Gort: He's been here as long as J.L., I think.
Chairman Hernandez: There is a second by Vice Chairman Teele.
Vice Chairman Teele: Yeah.
Commissioner Plummer: Almost.
Chairman Hernandez: Roll call.
76 January 27, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-99
A MOTION APPOINTING GERALD SILVERMAN TO SERVE AS A MEMBER OF
THE CIVIL SERVICE BOARD.
Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: Mr. Chairman, I would like to make an appointment. Mr. Chairman, I
previously forwarded a name, however in light of the tragic death and circumstances, I feel
compelled to nominate someone who resides in Commissioner Plummer's district, but is a
female by the name of Frankie Rolle, who is a retired person who is well known in this
community.
Commissioner Plummer: Second the motion, of course.
Chairman Hernandez: There is a motion to appoint, Frankie Rolle, second by Commissioner
Plummer. Roll call.
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-100
A MOTION APPOINTING FRANKIE ROLLE AS A MEMBER OF THE CIVIL
SERVICE BOARD.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Regalado: Mr. Chairman.
77 January 27, 1998
Chairman Hernandez: Yes.
Commissioner Regalado: I would like to nominate Martin Garcia.
Commissioner Gort: Second.
Commissioner Plummer: All right. Let me, because Marti is a good friend of mine. We speak...
Commissioner Regalado: And, I know J.L., but I am told that it doesn't matter whether, you
know, you rotate it.
Commissioner Plummer: OK. I am just going to put it on the record, OK. It has always been
since I have been here, that out of five members, three were to be appointed from the
representation of the City. By appointing Marti Garcia who is a good friend and has done an
excellent job the two years that he has been there, it has always been that Police and Fire rotate.
Two years Police, two years Fire, back and forth. What you in effect are doing, since Marti
Garcia is now coming out and a fireman is going in, you are now turning over the balance of the
power to the Civil Service Board to the employees rather than the administration. I could not
think of a better guy that I would want to see there because he has done a tremendous job. But, I
have to vote against that, Tomas, only because it gives up the balance of power of the
administration to the employees which I just don't think is fair. I really say that. So, I make the
point, I hate to vote against a friend, but I am not voting against a friend. I am voting against a
concept that I think that has worked extremely well for years and that concept being changed just
scares me. So, I make it for the record.
Vice Chairman Teele: Mr. Chairman.
Commissioner Regalado: I don't have a problem.
Vice Chairman Teele: I would like to... I don't know Mr. Garcia, but I am very, very
concerned about the employees of the City and what they have gone through. I think justice
should be blind and I would hope that our employees and our board appointments are not
representing the City and representing the employees. Otherwise, every vote is going to be three
to two.
Commissioner Plummer: It hasn't been that way.
Vice Chairman Teele: I mean, I understand the precedent and if you are concerned about the
precedent, I would only say this, in voting for this, it is not my intent to change the precedent
that the City employees will have three and the City management or Commission will have two.
But, only out of respect for what this City has gone through and its employees have gone
through. I have said here everyday, we need to invest more money in our employees. I have
said we need to get them more support, more computers, more technology. Every employee of
the City ought to be afforded the opportunity to go to High School and get a High School
Diploma, everyone even if it's done on City time, because it benefits us. And, to the extent that
we have the kind of stress that we have going on in this City, if the employees have three
representatives... How long is these appointments for, one year or two years?
Commissioner Plummer: Two.
Vice Chairman Teele: For two years. I am in favor of it if there is a third vote.
Commissioner Plummer: Let me only ask... Let me only ask this question.
78 January 27, 1998
Commissioner Regalado: The reason, J.L. The reason...
Commissioner Plummer: Let me just ask a question, Tomas, and then I'll be quite.
Commissioner Regalado: Sure, sure.
Commissioner Plummer: I think then this Commission needs to consider that at this particular
time two of those votes are locked. You must appoint one from either Police or Fire and you
must, it's mandatory, appoint one as I think the other one is General, is it General...
Mr. Thompson: Commissioners, Priscilla Thompson, Executive Secretary, Civil Service Board.
There is no lock on any of the seats. The seats, the two elected seats are filled by individuals
who are elected by Civil Service employees at -Large. It's just by block voting that it happens to
turn out that Police get a seat and Fire... There is no lock on the seats.
Commissioner Plummer: I think that it just happens to be that we have traditionally followed
that for many, many years. I can tell you in all the years that I have served, I would never, ever
have voted against who, either the Police or Fire represented. There was to be a representation
and they deserved that representation. But, now, next year or when it comes up again, then you
can vote differently, so I understand.
Commissioner Regalado: What I was going to say is that, J.L., is that Vice Chairman Teele is
right, the employees of the City have been going through a lot, and I just hope that everybody on
that board is fair, not that they will be favoring the administration's views nor the employees'
views. And, I believe all of them to be fair. I know all these people.
Commissioner Plummer: Call the question.
Chairman Hernandez: There is a motion to appoint Martin Garcia, Officer Martin Garcia by
Commissioner Regalado and a second by Commissioner Gort. All those... Call the roll call,
please.
Commissioner Plummer: As much as it hurts me to my very dear friend, I have to vote "no."
79 January 27, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-101
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
NAYS:
ABSENT:
Commissioner J.L. Plummer, Jr.
None.
---------------------------------------------------------------------------------------------------------------
17. DISCUSSION REGARDNG BUILDING AND ZONING ADVISORY
COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: All right, item number 10, is Commissioner Gort's request discussing... a
discussion regarding a presentation from the City of Miami Building and Zoning Advisory
Committee.
Commissioner Gort: Mr. Chairman, about a year and a half ago had received a lot of complaints
from developers and individuals trying to get permits from our department, and I was asked to
chair a committee... to appoint a committee to go into and work with our Building and Zoning
Department to come up with some recommendations. I think they are here to give a report.
And, I want to thank Orlando Gomez who has served as the chairperson for this Committee,
Carlos Martel, Luis Enrique Rojas, Raul Godoy who have dedicated a lot of time and came up
with some very good suggestions. Some of them already have been implemented and I want you
to know that our Building Department has been complemented quite a bit. We have been able to
expedite the permits and do it a little faster. And, I think, Mr. Gomez, the chairperson, is ready
to give a short report.
Mr. Orlando Gomez: Mr. Chairman, Commissioners, Mr. City Manager, my name is Orlando
Gomez. I am the president of Gomez Construction, we are a State Certified General and
Engineering Contractors. Today, I have the pleasure of appearing before you as the chairman of
the Building and Zoning Advisory Committee. The purpose of the committee, as was
established at the time that the committee, setup, was in order to implement the measures that
would better serve those that require the services of the Building and Zoning Department. The
committee consisted of members appointed by the Mayor and each Commissioner. The
committee met twice a month commencing in March of 1997 and concluding November of
80 January 27, 1998
1997. The process was broken down into a three category step including inspections, permitting
and general items. The findings of the committee have been distributed through Commissioner
Gort's office to each of your offices. I would like to thank Mr. Ventura and his staff for all their
cooperation and assistance with our committee's efforts. Secondly, I would like to thank this
body for the opportunity of serving on the committee and welcome any questions which you
may have at this time.
Commissioner Gort: Thank you, sir.
Vice Chairman Teele: Is there a need for action.
Commissioner Gort: Well, I think a lot of the recommendations have been implemented already
and the rest, I am going through the process right now. But, I would like to commend and thank
you all once again for the work that you have done. Thank you.
Mr. Gomez: It's been a pleasure. Thank you very much.
Vice Chairman Teele: Thank you very much.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
18. DISCUSS PROLIFERATION OF SPECIAL RESIDENTIAL FACILITIES FOR
ELDERLY AND MENTALLY ILL.IN FLAGAMI DISTRICT.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Teele: All right, next item.
Chairman Hernandez: It's... Mr. Vice Chairman.
Vice Chairman Teele: Commissioner.
Commissioner Regalado: Yeah, it's an item, a discussion concerning the increase in the number
of special residential facilities for elderly and mentally ill residences. Mr. Vice Chairman,
Commissioner Gort, I have here a list of this kind of residences throughout the City of Miami.
And, in a nutshell, the State of Florida licensed some of these residents so people could take care
of elderly or mentally ill patients, and they get a monthly check from the State. It's becoming a
business, and it is. The City of Miami does not have authority to grant to deny these permits.
We were waiting for a legal opinion from the City Attorney, and we will get that soon. But, so
you understand the problem, and Mr. Manager, I have here by districts the...
Vice Chairman Teele: Commissioner Regalado.
Commissioner Regalado: Sure.
Vice Chairman Teele: It might be in your interest if you waited until Commissioner Plummer
was on the dais because....
Commissioner Regalado: Absolutely.
Commissioner Regalado: Meanwhile, I would like to point out the problem that these houses are
creating in some neighborhoods. I have been riding with some of our police officers throughout
81 January 27, 1998
my district and we had had many incidents of persons with mental illnesses walking freely on the
streets, almost been run down by cars. We have been able to grab them, take them back to their
homes, but we have seen a lot of situations in which we are having this kind of difficulty in the
different neighborhoods. Just to give you an idea of the different districts. Mr. Chairman, I was
talking about the community residential homes that we have in our district, and District I,
Commissioner Gort, has 26; District 2 - Commissioner Plummer, 14; District 3 - Chairman
Hernandez, 28; District 4, the district that I represent, 65, and District 5 - Vice Chairman Teele,
29. Now, the problem is that many people are buying homes because this is becoming a
business. When you have eight, nine persons in one house and you get a check for five hundred,
six hundred dollars ($600) from the State, you know, you pay the mortgage, you pay one
employee and you make a lot of money. And, it's creating a problem in the different
neighborhoods. So, I would... Mr. Chairman, I would ask the administration...
Chairman Hernandez: Here you go, J.L.
Commissioner Regalado: ... just the number of residences licensed by the HRS (Department of
Health and Rehabilitation Services) in the different districts. And, I would ask the
administration, Mr. Chairman to come back with a report. First of all, get in touch with the State
of Florida to see whether or not we can or we cannot control these license. And, second what are
the measures that this Commission could take in order to have order in the City.
Chairman Hernandez: I am very well aware of this problem, and there is actually two of these
homes that fall right within our boundary line, between your district and mine. And, we know
one of them, obviously it's on 22nd, off of 22nd and 16th. And, there is another one by
Shenandoah Elementary which is causing a lot of problems for the community.
Commissioner Plummer: Absolutely.
Chairman Hernandez: I am just shocked at the disparity between your district and the rest of our
districts.
Commissioner Regalado: The problem is, Mr. Chairman, is that, for instance, if you go to the
Flagami area you will see that in one block, one person has bought three or four houses and you
have a whole block like a mini -hospital on that block. And, the problem is, that when you have
two or three houses in that one block, the neighbors decide to -- here you go -- the neighbors
decide to sell their houses, and that is the problem that we are having. It's a growing... And, you
know, the City of Miami has the highest concentration of all the County, of all the County of
these facilities. Why? I don't know, because the licenses are...
Commissioner Gort: Well, I'll tell you why, it's economics.
Vice Chairman Teele: I can tell you why.
Commissioner Gort: It's economics. You can buy the homes...
Commissioner Regalado: Well they could... You know, because they could sell, they could buy
in Homestead, say. But, no, they are buying in the City of Miami and they are making a lot of
money off of it.
Vice Chairman Teele: There goes your Homestead vote.
Commissioner Regalado: Yeah. So...
Commissioner Gort: That's a good idea.
82 January 27, 1998
Vice Chairman Teele: Don't expect any votes out of Homestead, fellahs.
Chairman Hernandez: And, it's going to be a policy issue for the administration because I know
for a fact there is a big difference between those that have sleep -over tenants and those that are
really just like a daycare which are there basically nine to five. They take care of these
individuals and then they get picked up and they sleep at the house of the family.
Commissioner Regalado: Right. That's another...
Chairman Hernandez: That's totally different.
Commissioner Regalado: ... house and that's no problem. That is no problem at all.
Chairman Hernandez: Right.
Commissioner Plummer: Yeah, but...
Commissioner Regalado: But, what we are having here, this permanent houses, and the
problems is that somehow we have to control this situation because people are selling nextdoor,
and nextdoor. And, you know, if you want to make some money, what you do is, you go into
that business.
Commissioner Plummer: Well, if I may?
Vice Chairman Teele: Sure.
Chairman Hernandez: Uh-huh...
Commissioner Plummer: We went through this two or three times since I have been here. We
established a policy here that said that no more of these would not be acceptable until the other,
at that time 27 municipalities, picked up their fair share of the load. As, I said to my very good
friend, you can't tell me that there aren't kids in Coral Gables that have a problem with drugs or
other things, yet you don't find one facility in the City of Coral Gables or Miami Shores or
other... some of the other affluent areas in this County.
Commissioner Regalado: I will take you tonight to three places that have been conditioned for
this kind of residents right there.
Commissioner Plummer: Well, are you speaking about mentally ill or ACLF?
Commissioner Regalado: No, no, I am speaking about elderly, mentally ill, living facilities. I
am speaking of living facilities of people who are getting Medicaid or Medicare of SSI (Social
Security Income). These people are living there with one person being taken care of them, being
paid by the owner of the place. This is totally different of a place where you take your relative in
the morning and pick them up in the afternoon.
Commissioner Plummer: Well, you have got to handle it through zoning.
Commissioner Regalado: Well...
Commissioner Plummer: Absolutely, it's got to be through zoning if your are going to try to
regulate.
83 January 27, 1998
Vice Chairman Teele: Mr. Chairman.
Commissioner Gort: Yeah.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: I really think that the Manager and the lawyer should review this.
Chairman Hernandez: Definitely.
Vice Chairman Teele: I think at a minimum, Mr. Manager, Mr. Attorney, we should pass a very
strong resolution directed at the Department of Family Services and the Juvenile and the United
Way, and these other agencies and tell them that we are asking that there be no more...
particularly in Commissioner Regalado's district. I mean, I think, we can take the position of no
more in the City and of discouraging that, but I think in discouraging it, we need to be absolutely
clear that it is the Commission's resolved that we do not want any additional in the district
represented and establish those boundaries. It's not fair, it's a burden on Commissioner
Regalado, the district that he represents and the citizens of that district. It's disproportionate, and
I commend him for doing this type of legislation to protect his district. And, I know that all four
of us, especially our dear colleague on the end, is going to support you on this.
Chairman Hernandez: That's right.
Commissioner Plummer: Absolutely.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Commissioner Teele, it's important that we look at these figures, and this
was put together in 1995. And, you can see in the City of Miami all of the facilities that were
placed in the City of Miami.
Vice Chairman Teele: It's not fair.
Commissioner Plummer: And, most of them are asking for tax exemption.
Commissioner Regalado: Yeah, and I would tell you that...
Vice Chairman Teele: And, you want to exempt them from the fee...
Commissioner Plummer: Go away. Go away,.
Vice Chairman Teele: I would tell you that 60, 60 percent of all those houses that have been
approved in the Dade County are in the City of Miami. The rest are in Hialeah.
Mr. Joel Maxwell (Interim City Attorney): Mr. Chairman.
Chairman Hernandez: OK, we have made the...
Mr. Maxwell: May I? Commissioner Regalado, did indicate on the record that he had asked for
a legal opinion on this. A formal written legal opinion has not been prepared. We received the
request the end of last week, but I do think the record should reflect that under Chapter 419,
Florida Statutes, dealing with community residential homes, and that's the type facility I think
that the Commission is talking about, there are certain controls that the State has given to
municipalities, but it depends on the size of the facility. And, what happens is, that if a facility
84 January 27, 1998
has less than seven, up to six residents in it, then the City's hands are tied at that particular point.
Except, that there is a provision in the Statute dealing with those small facilities that says that in
single and in multifamily residential zoning districts, they can't be closer than 1,000 feet. When
the facility exceeds six in number and up to seven, there is another layer in there of regulation
and that layer requires the applicants for such facilities to notify the municipality and the
municipality can make certain decisions there that, in fact if certain findings are made can
preclude the location of those districts. Once you go beyond that 14 person facility, then our
other zoning provisions kick in. So, we do have... The City does have certain leverage in there,
but the thing is, when you are less than seven residents, then they are like... The Statute clearly
says, that except for the distance separation requirement right there, that we must treat them like
any other single family home.
Commissioner Regalado: Yes. I will tell you, Mr. City Attorney, that I can take you and I
would take any inspector of the City of Miami to some of these places where the number
exceeds the amount that you say. The problem is, that they prepare for inspection, mind you,
State inspection, and they buss people in and out when they have the notice of inspection. I was
in a fire in one of those houses, it's in Chairman Hernandez' district, several months ago, and
there were more than 15 persons. And...
Mr. Maxwell: I am not disputing you know, what you may find in individual places.
Commissioner Regalado: No, no, I am just saying to you that, you know, that the law has been
violated here.
Commissioner Gort: Mr. Chairman...
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: My understanding is, two suggestions. One, the City has the... can also
inspect these places. It can be inspected by the City to make sure they are in compliance.
Number two, City Manager, I know you are presently putting together your legislative package,
and I think maybe this should be part of your legislative package so that we can control even
smaller than seven. And, I am sure...
Mr. Maxwell: If it's more... Well, you are making a determination of how many residents they
have and find out how they acquire their license from...
Commissioner Gort: Not only residents, but I mean facilities within the neighborhood, or how
many facilities within the City. And, I think that is something that our legislator should work on
and go to the State also.
Mr. Maxwell: Well, once you move beyond... once you move in the seven to fourteen range, the
Statute clearly allows you to consider that...
Commissioner Gort: No, I understand that, but it's the seven, the one that's being made and
those are the ones that don't have to come in front of us. And, those are the ones being setup just
about every other day.
Chairman Hernandez: OK, let's...
Commissioner Plummer: Yeah, but let's get it on the record, all right.
Chairman Hernandez: Let's move on here.
85 January 27, 1998
Commissioner Plummer: Let's be fair. We have never, ever denied taking our share of the load.
But, not 100 percent. And, let me tell you, it is going more, and more, and more every day.
And, if we don't do something, as Regalado has said, let me tell you, more tax exempt property,
we cannot stand it. More residential interference with residential, we can't stand it. So, I
commend you, Mr. Regalado, let's follow-up and proceed.
Chairman Hernandez: OK, the City Manager has his instructions, the City Attorney has his
instructions as to item number ten, excuse me, item number 11. If we could move on.
----------------------------------------------------------------------------------------------------------------
19. DISCUSS JERRY POTTER'S CONCERN ABOUT SOLID WASTE AND
TRASH BILLING AND INSPECTION SCHEDULE PROBLEMS AT 828
N.W. 9 COURT
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item number 12 which is Vice Chairman Teele's request, is a discussion
and presentation by Mr. James Potter regarding the concern, or his concern, for double billing by
Solid Waste for trash collection fees. Is Mr. Potter, here?
Mr. Jerry Potter: Name is... Correction is, Jerry Potter. Also, I am speaking directly about some
problems that I had stemming from the Solid Waste. The address is 828 Northwest 9th Court.
This started over ten months ago. A family owned residence, 63 plus years, received a letter in
the mail after a Solid Waste task force came out. At that time they stipulated that I had to have
the residence inspected for whatever reasons, double entrances or something. And, that was fine,
I had no objection. The next thing that happened was that they told me that it had to be between
ten and one thirty or something. Since I am working to help pay the tax load in the City, I
wasn't about to take off work to have it, and I tried to just get a special time setup that was
reasonable. I was appalled to find out that this Solid Waste task force was being run at that time,
I was told, this is back in April. It has taken me ten months, that it was being run out of the City
Attorney's office. After weeks and weeks of complaints, I ended up with a Mr. Wysong, who
adamantly told me that my property had to be inspected at those particular hours. And, I said
that's unreasonable to expect me, as a taxpayer to take off to have my property... can't we work
out before... early in the morning or late in the afternoon or weekend or... He said, "absolutely
not." A few months later, I get a notice in the mail, they are threatening to put a lien on my
property. I am wondering, what have I done? So, I questioned what exactly is going on here.
Find out there is nothing that I can basically do, but go higher. I contacted Commissioner
Plummer's office at that time, now I was into August, September, and still never complaining
about the inspection, only at the hours. The first girl I talked to was Annie, and she was going to
draft a letter for then City Manager, Marquez. At that point...
Vice Chairman Teele: Excuse me, the lady you are referring to, Annie, is Commissioner
Plummer's...
Mr. Potter: Secretary.
Vice Chairman Teele: Assistant Aide.
Mr. Potter: Assistant Aide or something. Anyway, to try to expedite this quickly, I know time is
important, other are people waiting. There was something happened, the City Manager...
Commissioner Plummer: Huh? Sir, can I stop you for one minute?
86 January 27, 1998
Mr. Potter: Yes, sir.
Commissioner Plummer: Just try to short circuit this. I am told by the Manager he has you an
answer.
Mr. Potter: I have already had the inspection. I am trying to show the Commissioners that there
is a problem.
Commissioner Plummer: Oh, OK.
Mr. Potter: That when you have... I was told as a taxpayer that you have a City Attorney's
Office running the Solid Waste Division. I asked for that letter in writing, they wouldn't give it
to me. I kept getting frustrated. So, there is red flags here that people as taxpayers like myself
that want to complain about something that's unjust, you can't reach these people. Then, it was
after that, by the time I got into November, it was run by the Fire Chief. When I finally got the
inspection on January 22nd which took less than 15 minutes, the inspectors told me it was being
run out of the City Manager's Office. So, I am bringing this to the Commission's attention that
when you setup these phantom department heads, pay attention that somebody is paying for
these taxes. I am a taxpayer. What I feel is that there ought to be a place that we can reasonably
go to complain and be heard. What I asked for, I don't feel was unreasonable. Thank God, you
have Ann Sterling, she was the most cooperative person that I had. And, now, what I am here
for now, is after ten months of this bureaucratic mess and aggravation, my account that's been in
the family for 60-some years is all messed up because Mr. Wysong threatened to put a lien on
the property because I didn't respond fast enough, that he took my payment or saw that the Solid
Waste payment went to the one that they allegedly are billing me for. So, now back in April they
take my payment and put it on the one that I haven't even had a chance to respond to. So, now I
am in the arrears, I am being charged interest. I finally hired an attorney to handle it. He called
the Attorney's Office, said yes, he is not objecting to the inspection. Give him a reasonable
time. That was taken care of, just on the 22nd. But, prior to that, how Mr. Teele got involved on
the 27th of December, I had a phone conversation with him, and I know that you are not going to
believe this, but in addition to all of this, when I got the final... above Mr. Wysong after your
secretary, Ms. Sterling, took over and helped me. I get a letter with the incorrect phone number
of the task force, NET (Neighborhood Enhancement Team) Task Force Coordinator Neyda
Galvez. Now, you are going to laugh, but this is what taxpayers go through. Listen to this. I
called that number for three weeks. For three weeks, starting October whenever I got the letter.
I have never failed to respond to any of this. I called Neyda Galvez at least 15 times over the
next three and a half weeks. Finally, after leaving phone number, address, portfolio number, 32
pieces of mail, I am asking why can't I get in touch with this woman, and I got an answer I
couldn't believe. They said, "she doesn't work here." I said, expecting that she left last week,
because it's getting near Thanksgiving. I said, when did she leave? They said, "January." Now,
I get Ann Sterling back, I said please stay on the line and get this lady, Mrs. Durasco (phonetic)
back. She said, she will get another letter out, she made a mistake. The next letter comes out
with the same date, but it's sent a month later. Mr. Taxpayer has done nothing wrong. I have
been trying to get the inspection; trying to contact people in the bureaucracy and I can't. So, I
appreciate you all listening, and I know it's comical now, but I had to live through this. It's a red
flag. You don't have phantom people that are not trained to handle public's business in the City
Attorney's Office sitting there, their skill is needed elsewhere. Let people in the Solid Waste do
the Solid Waste. But, when this final snafu with the letter that I call is backdated, whatever you
want to call it. I got envelopes here that prove one was mailed a month later. When it's called to
the City Attorney's attention, on the December 27th phone call, after I hung up, to call back
later. They are... the... They, Mrs. Galvez is berating me over the phone telling me, I have the
letter here, Mr. Potter, you have been delaying this since October. I beg your pardon. I also
explained tha; to Mr. Jones, III. They paid no attention. In other words, I am the culprit. So,
what I am here for, is to alert the Commission, let the people in the departments run this stuff,
87 January 27, 1998
number one. Number two, I have no way, and I have been fed -up for over 300 days dealing with
these people. Now, my account is in the arrears. They have charged the wrong account, but yet,
I have passed the inspection. I have documented proof that I have done nothing wrong, so I
would expect the Commission to find somebody in this City to get my account back to where it
was when this all started in April of 1997, ten months ago. And, then, say Mr. Potter, ten months
ago you owed your eighty-three dollars ($83), whatever it was, but you have now been in arrears,
because I stopped making payments until I could get this resolved. And, since then you are
charged and send the check in and that's it. No interest, no complaints. And, I... Sixty-three
years family owned property, Police twice, Fire Rescue twice, and now here I am, I am fed -up
with the bureaucracy. The house is up for sale. That's all. Any questions, I'll be glad to answer
it.
Chairman Hernandez: Mr. Manager, can you take care of this? And, now that Ms. Galvez is
within your office, I am sure she can take care of this problem once and for all.
Mr. Jose Garcia -Pedrosa (City Manager): Yes, sir.
Ms. Neyda Galvez: We have, we have.
Mr. Garcia -Pedrosa: The inspection, as Mr. Potter has indicated, took place last week. And,
without taking the Commission's time, but mindful that there are people out there listening and
watching, as we all know, there are very much two sides to every story. I have a memorandum
here which tells a very different side, but the matter has been taken care of.
Mr. Potter: Well, I would like a copy of that memorandum, if you could send it to me.
Mr. Garcia -Pedrosa: Showing how many times you declined inspections.
Mr. Potter: No, sir.
Chairman Hernandez: Well, listen, the problem has been taken care of. Right, Mr. Manager?
Ms. Galvez: Yes.
Chairman Hernandez: OK, I am sorry for the time...
Commissioner Plummer: Wait, wait, wait, no. I don't...
Vice Chairman Teele: Wait, wait, wait. Hold it. It doesn't work like that.
Commissioner Plummer: I don't buy that. I don't buy that.
Mr. Potter: Yeah, let me respond.
Vice Chairman Teele: Hold on.
Chairman Hernandez: Wait, wait.
Vice Chairman Teele: Well, hold on.
Commissioner Plummer: No, let me respond, OK. You know, I don't think that that's really the
answer. I think this man is coming here today, because he is trying to say to this Commission,
don't let happen to others what has happened to me. OK.
88 January 27, 1998
Commissioner Regalado: That's right. That's right.
Commissioner Plummer: As far as I am concerned, I think this matter needs to be aired. I think
he needs to see a copy of the other side, as you refer to it, to the other side of the story. And, then
I think this Commission needs to make some decisions as to how we proceed after we have had
the look-see into this matter. Because, let me tell you, I am sorry that I missed part of the
discussion in reference to the Building Department and things of that nature, in getting permits
and things of that nature. But, you know, there is sign out there, Papito, that says, you know, it's
amazing, "permits should be as hard as it is to get welfare and work." Now, I am not saying who
is right and who is wrong. But, I think this man comes here with a legitimate gripe. He might be
wrong, but at least he feels that he was unable... And, let me tell you something, people do work
for a living around here. And, people work from eight to five. And, you know, I have always
said, don't stand in front of City Hall door at five o'clock, you will get stampeded. So, you
know, there has got to be some provision for people like him who work five days a week from
eight to five, that there is nobody at the house that can go there and do the inspection. Look, all I
am saying to you is, I think this Commission is entitled to a look-see back over from you two
getting together, and let this Commission know exactly what we need to do to make sure that this
doesn't happen again.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: I placed the matter on the agenda in that, Mr. Potter, whom I have not
known before this unfortunate incident, and I apologize that your name is incorrect on the... I
thought we did, Mr. Jerry Potter. Because, I feel there are three things operating here. Number
one, it has been a lot of discussion about whether or not we should have a hearing officer on the
fire fee. If nothing else, this is graphic testimony as to why the citizens should have a forum that
they can go to of a neutral person who is not going to cover for the City or cover for the
taxpayers, and to some extent, we Commissioners may cover for the taxpayers, but can hear
these things intelligently and fairly and give people an opportunity to be heard. Secondly, I
looked into this matter. This is in the so-called "Spring Garden" area that is right adjacent to the
Miami River. Mr. Potter's family is a third generation family. His father built, not only that
house but many houses in the area. One of the most distinguished families in the community.
Unfortunately, no one has lived in the home since his mother who passed, I think, about six
months ago...
Mr. Potter: Correct.
Vice Chairman Teele: ... was there, and for some time before that where she was in a nursing
home. The home has basically been not occupied. And, by the way, she is a very... This is very
close to Ms. Ruth Greenfield's home, right across the street in that area, and Ernie Martin and all
of these people. I have gone over and talked to these people. Nobody lives in the house.
Nobody has lived in the house. Now, I know there may be two sides to every story, but the best
evidence of this are the people that live there and the people who collect the trash. Mr. Potter is
willing to pay one hundred and sixty-five dollars ($165) a year for trash that nobody collects.
But, he is not willing to pay for two places because the home has a detached garage which no
one lives in. In fact, I went so far as to determine the history of the home. The only time anyone
else lived in that home other than the Potter family was when the Potter family made the home
available to the United States Air Force...
Mr. Potter: World War II.
Vice Chairman Teele: ... World War II officers as a way of opening their homes so that those
officers that are on Miami Beach had a place to live, and it was just one person. Now, since
89 January 27, 1998
World War II, no one has lived in that home but the Potters. So, you can say that there is two
sides to this story. I don't know Mr. Potter. The only person who is coming out of this thing
smelling like a rose, for some reason, is Ms. Anne, standing over here. And, I am going to move
that she be transferred to my office after this is all over. But, the fact of the matter is, is that I
just believe this Commission needs to understand as we go into the fire fee, the kinds of issues
that can come up. This Mr. Potter lives in the Keys. He doesn't live in the home anymore. No
one lives in the home. No one has lived in the home for that last eight months, nine months?
Mr. Potter: Yes, correct.
Vice Chairman Teele: And, yet, he is being billed not once, but twice. And, he said, "I don't
mind paying the fee, Mr. Teele, just ask your Solid Waste people, do they collect from us"?
Now, they are cleaning up the home apparently, and all of that. But, the fact of the matter is,
these are the kinds of things that can happen, and I am not blaming anyone on the staff. I have
not complained. In fact, his main concern was about, unfortunately the City Attorney's Office,
which I tried to defend, the City Attorney's Office. But, this is not about pointing fingers at
anybody, this is about this Commission taking time to understand the kinds of problems that
citizens and taxpayers are confronted with and designing legislation so that in the future, we
don't have to hear these kind of problems. And, I apologize that you are here. I apologize at the
circumstance. I have confidence that the Manager will give you the kind of letter that basically
clarifies the record. You feel very emotional because it's a stain on his family's good name, as
far as he is concerned. In a similar situation, I wouldn't feel that way. In fact, the record is clear
that I haven't felt that way. But, the fact of the matter is, is that there is some families who really
do feel very strongly about these kinds of things, and I want to commend Commissioner
Plummer and in particular his assistant...
Chairman Hernandez: Ann Sterling.
Vice Chairman Teele: ... Ms. Sterling, Ann Sterling who really has been the person who has
saved the City of Miami's good name.
Mr. Potter: Thank you. One other quick thing, as a... ending on a lighter point. This is true.
The last correspondence I got from the City of Miami was a letter informing me that the chain of
command and so forth, that the Fire Chief, the Fire Chief... Now, this is something you can all
laugh about including the audience. The Fire Chief was the person that they are going to have to
contact to setup the inspection. When I couldn't get Ms. Galvez, this is after whatever
documentation she has there, and I hired a private attorney to investigate this for, which I am
going to be getting a bill for. But, listen to this because I am a retired fireman. When she told
me the Fire Chief, I felt that the Fire Chief knew me and he was going to intercede. Now, I can't
get her on the date that I am trying to get this thing resolved before I come here to speak before
the Commission, and this is unbelievable. You have just heard the tip of the iceberg. I called,
called, called. I can't leave a number because I have got too many things to do. So, I called the
Fire Chief's Office, it's on the paper. The secretary answers -- I'll be done in one minute --
The secretary answers and says, "What is it in regards to? He is in a meeting." I said, it's about
the NET waste... I got to get the inspector. She said, "Captain Fernandez handles inspections."
Fire Prevention Bureau, big buildings. I don't think to tell her this is a private residence. What
day do I call Captain Fernandez, the only day of the week he is off, and I am calling, and calling
and leaving... And, I thinking, what is going on. Finally, I get him two days later and he says,
"Mr. Potter, you must have rocks in your head. I don't do private residences." Go back 15
minutes later, he has Mrs. Galvez on the phone and the thing was resolved. So, it's just a big
comedy of errors. Thank you for listening to me, number one. Number two, I would appreciate
getting my credit back and getting whatever I owe back in line. And, number three, do not set
phantom department heads in charge of things they know nothing about. If you are going to
setup somebody to work with the Waste Division, the Water and Sewers, get somebody in that
90 January 27, 1998
department, either retired and hire them or do something. But, do not go through departments
that are not skilled in this. I could tell you other stories about the Legal Department, but
basically I am finished. If you have any other questions, I thank you for your time.
Chairman Hernandez: Mr. City Manager.
Mr. Garcia -Pedrosa: That's OK, Mr. Chairman. I just... I don't want to... I'll pass. I just want
you to know, I have a very upset young lady here, because we do take pride in our work and all
of this happened, I think, four or five managers in about eight months ago. There are a lot of
good people in the City. This lady, I think is one of them and I just want you to know that she
feels that way, and I don't think it's worth the Commission's time to try to hold a evidentiary
hearing as to what happened.
Chairman Hernandez: We appreciate that. Mr. Potter, for your peace of mind and all those that
are looking at us and seeing us and hearing us. I can tell you that, obviously, you know we have
a new City Manager. He has been around for about three weeks. And, I think he deserves the
benefit of the doubt that he is going to be implementing...
Commissioner Plummer: Yeah, he ought to be here at least another week.
Chairman Hernandez: ... a new way of thinking around here. And, you will see a marked
difference in the near future. Thank you very much, and we are really sorry for the
inconvenience.
Mr. Potter: OK. That's all right, I just thank you for listening, and it got as far as I wanted it to
get. I just wanted... You people control everything and you're responsible, it's on the record.
And, thank you a second time. Good evening.
Chairman Hernandez: Have a nice day.
Vice Chairman Teele: Item number 13, discussion concerning the policy of compensation of
benefits for high level personnel.
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: Before you, do. Ms. Galvarez...
Chairman Hernandez: Galvez.
Vice Chairman Teele: Ms. Galvez, I want to again commend you for your patience, and your
forbearance. And, obviously we have a person who feels very strongly. I know you have a side
of it. I am sure you have shared that with the Manager. But, as I have said here, there are a lot
of people operating under a lot of stress. I am sure you are one of them. And, I hope that you
won't take those comments as being personally directed at you, the taxpayer was very upset.
And, I commend you on your forbearance. Thank you.
Ms. Galvez: Yeah. Thank you, sir.
Commissioner Plummer: She can take a hell of a lot more than that.
Mr. Maxwell: Mr. Chairman.
91 January 27, 1998
Chairman Hernandez: Yes, sir.
Mr. Maxwell: I would like the record to also reflect that certain comments were made about an
Assistant City Attorney, Mr. George Wysong, who diligently does his job as well. And, he is not
here to defend himself, and I will speak on his behalf. I know that the duties that he has in
regards to the Code Enforcement. I know what his duties are in regard to that and I have never
known him to do them improperly. So, I think the record should also reflect that as well.
Commissioner Plummer: Everyone, my child, is absolved. Go away and sin no more.
20. APPROVE EXECUTIVE COMPENSATION AND BENEFITS STUDY WITH
AND WITHOUT $96,000 CAP -- FURTHER DIRECT CITY MANAGER TO
CONDUCT COMPETITIVE NEGOTIATIONS WITHOUT PREJUDICE -- FOR
COMPREHENSIVE EVALUATION OF COMPENSATION POLICY FOR
HIGH LEVEL PERSONNEL.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 13, please, Mr. Manager.
Commissioner Plummer: Who put it on there?
Mr. Jose Pedrosa -Garcia (City Manager): This is an item requested by Vice Chairman Teele to
discuss the...
Commissioner Plummer: Everybody is overpaid. How much are we going to cut their salaries?
Unidentified Speaker: He was here a moment ago.
Mr. Pedrosa -Garcia: ... pay and the benefits.
Commissioner Plummer: Well, let's go on and come back when he gets here.
Chairman Hernandez: Vice Chairman Teele, is there...?
Commissioner Plummer: Oh, here you are on. On salaries and compensation.
Chairman Hernandez: This item was placed on the agenda by you on the benefits for high level
personnel.
Vice Chairman Teele: Mr. Chairman... Are you going to bring up...? I think this is two or three
areas. One of the things we have done relates to... It's important that we treat all the employees
of the City fairly. I don't know where we are with this issue relating to outside employment and
outside compensation, but I would just move that all the employees of the City be treated in the
same and equitable manner, and until we can deal with the whole benefits structure and all of
that, that the rule be for the time being, that all employees be treated...
Chairman Hernandez: Is that to be...? And, it's been a question that I have brought before the
Commission. Is that to include Commissioners as well as the Manager as well as the Mayor?
Vice Chairman Teele: It includes the Commissioners, the Managers, the Mayor, the Attorney
and the Clerk, and their persons underneath their control.
92 January 27, 1998
Chairman Hernandez: OK. I would like to ask this question, Mr. Manager. When is Peat
Marwick going to bring this report that we have been anticipating based on benefits which
includes your benefits package?
Mr. Garcia -Pedrosa: Well, sir, Peat Marwick has not been engaged to do that yet. You have in
your materials their proposed engagement letter which was delivered to me, I think, two days
ago.
Chairman Hernandez: We have been under the impression, at least I have, that they have been
working on a report that they were going to bring before us.
Mr. Garcia -Pedrosa: No, sir.
Vice Chairman Teele: We asked them on December 30th...
Chairman Hernandez: Yes, we did.
Vice Chairman Teele: We asked them on December 30th at the time that you were confirmed
and the Commission voted to approve you. On December 30th, we asked them to begin that
engagement...
Mr. Garcia -Pedrosa: Yes, sir.
Vice Chairman Teele: ... under the... under the blank...
Chairman Hernandez: Right.
Vice Chairman Teele: ... under the open task audit that we gave them.
Mr. Garcia -Pedrosa: Their letter dated January 13th says this proposal is in response to a City
Commission resolution passed on December 30th and so is the reference you just made, Mr.
Vice Chairman. The reason I did not... obviously this was not available to me at the time of your
previous... your last meeting. And, the reason that I did not feel that I should accept this without
your approval is several fold. Number one, it calls for an expenditure of thirty thousand dollars
($30,000)...
Commissioner Plummer: Ah-hh...
Mr. Garcia -Pedrosa: ... which is over my authority.
Commissioner Plummer: You have got to be kidding. You know, there comes to be a point of
greed. Now, how much are we paying Peat Marwick Mitchell to do all of this auditing? And,
they want thirty thousand dollars ($30,000) more?
Mr. Garcia -Pedrosa: What they have been engaged to do under the extra conditional portion of
the contract is the prototype department which is the Department of Public Works and such
portions of the strategic plan for the City overall and the remaining departments as can be...
Commissioner Plummer: I am talking about this item before us today. How much do they want
to do just that for this City Commission?
Mr. Garcia -Pedrosa: Under their proposal, not to exceed thirty thousand dollars ($30,000) and
they need six to eight weeks to do the...
93 January 27, 1998
Commissioner Plummer: Unbelievable.
Vice Chairman Teele: That's too long. Mr. Chairman, I would move...
Commissioner Plummer: Absolutely.
Vice Chairman Teele: ... that the Manager and the City Attorney and the Clerk jointly, utilizing
City resources, make a comparative analysis beginning with Dade County and other competent
jurisdictions taking into account a salary cap of ninety-six or ninety-seven thousand, whatever
that number is...
Mr. Garcia -Pedrosa: Ninety-six.
Vice Chairman Teele: Ninety-six. And, to give us two plans. One that does not have a salary
cap of 96, and one that does.
Commissioner Plummer: And, you...
Vice Chairman Teele: And, that you all file that report jointly with all three bodies at the next
meeting.
Commissioner Plummer: And, you can go the Florida League of Cities in their computer called
Carol Marchner and they have for the entire State of Florida and it's split up into different
counties. But, you know what, I would like to know how much is this City paying that auditing
firm right now, because maybe we ought to think about changing the auditing firm?
Vice Chairman Teele: Well, well, can I tell you, J.L. it's real simple. All you have got to do is
make the motion that we compare for a competitive bid or whatever it is for the next annual
audit.
Commissioner Plummer: Well, I think we have got to do that anyhow.
Vice Chairman Teele: Well, but we can't stop in the middle of...
Commissioner Plummer: No, no, no. I am talking about pulling them out now. I mean, because
I...
Vice Chairman Teele: Oh, come on.
Mr. Garcia -Pedrosa: Hold on, hold on...
Chairman Hernandez: Mr. Manager, Mr. Manager.
Vice Chairman Teele: No, no, no. You can't say...
Mr. Garcia -Pedrosa: Commissioner, because we have ongoing... We have ongoing and it's a
matter of great importance to the Oversight Board. The policy and procedures for a single
prototype department which is... The department of Public Works was chosen and that's almost
completed. The overall strategic plan for the City and the policies and procedures for all the
other departments. At the last meeting of the Oversight Board and the Vice Chairman was there
with me, it was explained that the amount of two hundred thousand dollars ($200,000) was
approved for as much of that work as possible and I was asked to consult with Peat Marwick and
I have been doing that to define that issue. Give me an opportunity to do that, please sir, so that
94 January 27, 1998
we don't run a foul of the Oversight Board's insistence in this regard that at least a portion of
that work be completed promptly. And, what the Vice Chair has moved is consistent with that.
We can come back to you at the next meeting, give you all the relevant information, you can
then decide two weeks from today where you want to go with it, but don't stop them just now.
Commissioner Plummer: You know, let me tell you something. I'll make a motion if that's
what you think we ought to make right now that it absolutely go out to a competitive bidding.
You want a motion, I'll make you one.
Vice Chairman Teele: But, you got a motion...
Commissioner Plummer: It just irritates me to no end where people are absolutely trying to take
advantage of this City. And, in my opinion which I am entitled to, to charge thirty thousand
dollars ($30,000) to do this little bit of a study is out of question.
Vice Chairman Teele: Well, and that's why I have a motion which I would hope you would
second, we could move it and that's no longer on the table. They won't get that there.
Commissioner Plummer: What is your...? What's your motion?
Vice Chairman Teele: Is that the Manager, the City Attorney and the Clerk jointly conduct a
study utilizing their resources...
Chairman Hernandez: They could do it.
Vice Chairman Teele: ... and make a recommendation...
Commissioner Plummer: Oh, absolutely.
Vice Chairman Teele: ... of the benefits and a tiered benefit that will be also designed to retain
professionals within the structure as well as how it would be distributed throughout, including
the staffs in the Mayor's Office and in Commissioners' Offices as well as looking at two levels.
One with the ninety-six thousand dollars ($96,000) cap and one without the ninety-six thousand.
Commissioner Plummer: Absolutely.
Vice Chairman Teele: Second.
Mr. Joel Maxwell (Deputy City Attorney): So, you withdraw your motion, Commissioner?
Commissioner Plummer: Well, no, my motion is separate. My motion is, that for the next
annual report...
Vice Chairman Teele: Well, will you second this one and then I will second your motion?
Commissioner Plummer: Call the roll on that one. You were the...
Commissioner Regalado: Second.
Chairman Hernandez: We have a motion by Vice Chairman Teele, seconded by Commissioner
Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
95 January 27, 1998
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-102
A RESOLUTION DIRECTING THE CITY MANAGER, THE CITY ATTORNEY
AND THE CITY CLERK TO MAKE A TIERED EXECUTIVE PERSONNEL
COMPENSATION AND BENEFITS STUDY OF OTHER COMPARABLE
MUNICIPAL ENTITIES IN THE STATE OF FLORIDA, WITH SAID TIERED
STUDY CONSISTING OF TWO PARTS: (1) CONSIDERATION OF ANY SUCH
ENTITIES WITH A SALARY CAP OF $96,000 OR LESS, AND (2) THOSE
ENTITIES WHICH PERMIT A SALARY IN EXCESS OF $96,000, FURTHER
DIRECTING THE SAID TIERED STUDY AND RECOMMENDATIONS BE
BROUGHT BEFORE THE CITY COMMISSION FOR THEIR CONSIDERATION.
(Here follows bodies of resolution omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: Now, my motion is that we definitely go to competitive bidding for the
next annual report.
Mr. Maxwell: Clarification. You could... competitive negotiations.
Commissioner Plummer: Competitive negotiations, call it what you want, to get a better deal
and a better price for this City.
Commissioner Gort: Second.
Vice Chairman Teele: Second the motion. Second the motion without all of the better deal and
the better price. Just, that we allow... with no caveat that the existing company cannot submit.
It's without prejudice...
Chairman Hernandez: Right.
Vice Chairman Teele: ... to them.
Commissioner Plummer: Absolutely. Let's see what happens.
Chairman Hernandez: Motion by Commissioner Plummer, second by Commissioner Gort. All
those in favor say "aye.
96 January 27, 1998
The Commission (Collectively): Aye.
MOTION NO. 98-102.1
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO GO
OUT FOR COMPETITIVE NEGOTIATIONS, (WITHOUT PREJUDICE TO THE
EXISTING COMPANY) FOR THE PURPOSE OF OBTAINING A BETTER PRICE
FOR THE CITY IN CONNECTION WITH THE CONDUCT OF A
COMPREHENSIVE EXAMINATION OF A CITYWIDE POLICY OF
COMPENSATION AND BENEFITS FOR HIGH LEVEL PERSONNEL.
Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
------------------------ ---------------------------------------------------------------------------------------
21. VICE-CHAIRMAN TEELE DISCUSSES NEED FOR LEGISLATIVE
BUDGET OFFICER AND FOR BUDGET ADJUSTMENT IN APRIL.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Let me ask you Mr. Manager, in reference to...
Commissioner Plummer: Stop asking.
Commissioner Plummer: ... this total budget for Mayor, I don't think that his budget or others
have been changed. He is nowhere in budget for his office. Are we going to make these
changes as necessary? Because, there is a lot of people that I see that he has on staff that aren't
even on this list. I am asking the question, are we going to change the budget or not?
Vice Chairman Teele: Mr. Chairman, with all due respect.
Chairman Hernandez: Vice Chairman Teele.
Vice Chairman Teele: It would be my intent to do a budget adjustment consistent with normal
municipal practice in the month of April.
Commissioner Plummer: OK.
Vice Chairman Teele: And, at that time we will... You know, we have had this issue discussion
before, and I think the Mayor should be given the flexibility, the Manager. That is a sort of a
starter, and the Mayor has assured me that some of the people on will not be on for the full year.
97 January 27, 1998
He expects them to be on for 90 days, 120 days, and I think we ought to give the Mayor the
benefit of the doubt. But, I hope by April, we can have an omnibus budget, which is one of the
reasons we need to decide what we are going to do on the Solid Waste, decide what we are going
to do on the other and try to adjust the budget.
Mr. Pedrosa -Garcia: Yeah, I want to say, Mr. Chairman on that, that one of the things that I
have discussed with my staff is to propose to the Commission in the future that we do quarterly
budget reconciliations. And, the reason that Vice Chairman Teele's time frame is particularly
important at this time, that we not do it like, for the first quarter, is that we don't have a
definition of those other issues. But, if not by April, by the beginning of May we ought to have a
second quarter reconciliation and that will take into account all the fee issues, the compensation
issues, and everything else that we will be able to make, you will be able to make whatever
adjustments to the budgets...
Commissioner Plummer: And, how much are they charging for that?
Mr. Garcia -Pedrosa: No, no, sir. We... I have told my staff that as a matter of...
Commissioner Plummer: I am joking. I am joking.
Mr. Pedrosa -Garcia: ... fundamental and conservative budgetary process, we come to you every
quarter, after the second quarter and propose to you, as an ongoing budget tool, quarterly
reconciliations so that you have two things. One, a quarterly understanding of where we are on
the budget, and secondly an opportunity to make adjustments on a quarterly basis going forward.
Chairman Hernandez: Thank you, Mr. Manager. That brings an end to non -Planning and
Zoning items.
Vice Chairman Teele: Mr. Chairman, the only thing I would ask Commissioner Plummer to
consider, is there is a need for a Legislative Budget Officer.
Chairman Hernandez: We got shot down, didn't we?
Vice Chairman Teele: Yeah, it's done. But, I am suggesting, and I don't want to be
embarrassing to the Mayor or to the Manager, but there... This government of America is a
check and balance government, and that's why there is a Congressional Budget Office to make
sure that the administration does what it's supposed to do, and that's why there is an
Administration Office to make sure that the Congress does what it's supposed to do. And, it's
very important that we understand that this is a different form of government than we have
always had. And, if there is not a check, you could very well have a Mayor that would very well
exceed his budget.
Chairman Hernandez: Definitely.
98 January 27, 1998
----------------------------------------------------------------------------------------------------------------
22. (A) APPROVE REQUEST FOR MAJOR USE SPECIAL PERMIT -- FOR
TERREMARK BRICKELL II PROJECT -- FOR MULTI -USE
STRUCTURE -- LOCATION: 1435 BRICKELL AVENUE --
APPLICANT: TERREMARK BRICKELL II, LTD.
(B) ANNOUNCE MEETING OF COMMUNITY REDEVELOPMENT
AGENCY IMMEDIATELY FOLLOWING PLANNING AND
ZONING AGENDA.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: We move on to... We move back to Planning and Zoning items, and our
first item this after will be item PZ-3, major use special permit for Terremark Brickell III.
Applicant is Terremark Brickell III, Ltd.
Vice Chairman Teele: Mr. Chairman, can we announce that we are going to take up the CRA
(Community Redevelopment Agency) immediately following the zoning agenda?
Chairman Hernandez: We sure can.
Vice Chairman Teele: Thank you. Mr. Lucia Doughtery on behalf of the applicant. City?
Ms. Lourdes Y. Slazyk (Assistant Director/Planning Department): Yes. The Department of
Planning and Development is recommending approval with conditions of this application. The
conditions are in your package. The application has been reviewed by the Large Scale
Development Committee, the Urban Development Review Board. It has been recommended for
approval. It has also gone to the Planning Advisory Board and the Zoning Board. All
recommendations for approval with conditions as specified in your package.
Chairman Hernandez: Lourdes...
Ms. Slazyk: OK, thank you.
Chairman Hernandez: can we take a two minute break?
Commissioner Plummer: Yes, definitely.
Ms. Slazyk: Yes.
Chairman Hernandez: The City Attorney needs...
Commissioner Plummer: The City Attorney has to go do something nobody else can do for him.
Two minutes. You're not back in three minutes, we are sending the rescue squad.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 5:42 P.M., AND RECONVENED AT 5:54 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
Commissioner Plummer: Is there any concern of the department that need to be incorporated? I
move item three.
99 January 27, 1998
Commissioner Gort: Second.
Chairman Hernandez: There is a motion by Commissioner Plummer, second by Commissioner
Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.98-103
A RESOLUTION WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES, 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE TERREMARK BRICKELL II
PROJECT, TO BE LOCATED AT APPROXIMATELY 1435 BRICKELL AVENUE,
MIAMI, FLORIDA; TO BE COMPRISED OF A MIXED USE BUILDING WITH NOT
MORE THAN 372,799 SQUARE FEET OF OFFICE SPACE, 246 HOTEL ROOMS, 40
RESIDENTIAL UNITS, 28,824 SQUARE FEET OF ACCESSORY
COMMERCIAU/RETAIL SPACE AND 963 PARKING SPACES; DIRECTING
TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT
AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BIDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Gort: Great presentation.
Chairman Hernandez: Thank you.
Ms. Lucia Dougherty: I know I made a great presentation. I just want it for the record that you
were taking out item...
Ms. Slazyk: Yeah, condition number eight was removed at the PAB (Planning Advisory Board)
level and this legislation still shows it, so I just wanted to clarify that that is out.
Ms. Dougherty: Thank you, very much.
Commissioner Plummer: OK.
100 January 27, 1998
Ms. Slazyk: Condition eight.
Commissioner Plummer: That's fine.
23. DENY APPEAL OF APPEAL OF ZONING BOARD DECISION WHICH
APPROVED SPECIAL EXCEPTION AS LISTED IN ORDINANCE 11000,
ARTICLE 6, SECTION 602.4.1 -- FOR SUPPER CLUB AT SLOPPY JOE'S --
LOCATION: 3131 COMMODORE PLAZA --APPLICANT: COMMODORE
PARTNERS, L.C.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Let's... Before we go to PZ-4, I am going to take a courteous request of
someone that needs to leave, PZ. PZ-8, will be taken out of align. We are going to take on PZ-8
which is, 3131 Commodore Plaza. The applicant is Commodore Partners LC, applicant agent,
Manny Alonso-Poch. And, the appellant is Harvey E. Cohen. Can we hear from the appellant
first, please?
Mr. Harvey Cohen: Yes, my name is Harvey Cohen, Arbitary Condominium Association at 34...
Mr. Walter J. Foeman (City Clerk): Mr. Chairman.
Chairman Hernandez: Yes.
Mr. Foeman: Excuse me, we need to swear him in.
Chairman Hernandez: We need you to swear in first, please. Raise your right hand.
Mr. Lourdes Y. Slazyk (Assistant Director/Planning and Development): You need to swear in.
Mr. Cohen: OK.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Cohen: I do. Harvey Cohen, Arbitary Condominium Association, 3495 Main Highway. I
am the appellant, and I guess I was the only one who was able to appeal because we are the only
residential development within 400 feet, I believe, of Sloppy Joe's. And, this is in regard to an
approval of a five o'clock license and number one, I wrote... I sent in the appeal. Unfortunately,
I didn't find out. My office is in Hollywood and I didn't find out until this afternoon that this
was on the docket today. So, I have got two problems. Number one, I am really not prepared
and secondly, I have got a sick wife at home and I would like to ask for a continuance.
Commissioner Plummer: Well, yeah, it's in my district.
Herring Charlie's... Would a deferment to February
fairness?
Mr. Manuel Alonso-Poch: Yes, it would.
Commissioner Plummer: Well...
I would like to ask the owners of Pickel
the loth do you that much harm in all
101 January 27, 1998
Mr. Alonso-Poch: Well, we are here today, there is a number of....
Commissioner Plummer: Are there other people here who are here for this item? You see, you
are going to be inconveniencing all of those people, too?
Mr. Cohen: OK, if everybody is ready, let's hear it. OK.
Commissioner Plummer: Mr. Chairman, I think that we should proceed with hearing the
application. We hear from the appellant first, correct?
Commissioner Gort: That's right.
Commissioner Plummer: And, then we will hear from the applicant.
Ms. Slazyk: Before the appellant speaks, I just want to put one comment on the record. The
administration had recommended approval with conditions of this application at the Zoning
Board level. The recommendation, if you look at the cover memos in your package has been
changed to denial based on new information that the depatment received regarding outstanding
code enforcement issues. With the outstanding code violations it was found that it has caused
the subject proposal to be in noncompliance with the criteria of 1305...
Commissioner Plummer: How can we hear it? [phonetic]
Ms. Slazyk: ... specifically since there were outstanding fees for parking and loading, it would
be in noncompliance with the parking criteria and with control of potentially adverse effects
generally because of work done without a permit. I believe that the parking fees have already
been paid and they are in the process of remembering the other violation, but it has not been
corrected up to this point, so the department is recommending denial.
Commissioner Plummer: Well, you know, I don't know what we are trying to accomplish here.
Are all of the other code violations in order?
Ms. Slazyk: There were only two that were reported. One was the parking and the other one is
the work that was done without a permit. Parking is in order. The work that was done without a
permit required a Class II, that has been issued. The appeal period just expired and they are
within, I would say about a week of having their building permit for the rest of the work.
Commissioner Plummer: So, there is nothing really outstanding or simply still in violation of
code?
Ms. Slazyk: Yes, they are still in violation.of code until they have a building permit.
Chairman Hernandez: Well, for the record then, if we can hear from the applicant and swear
him in. I would like for him to state on the record. It's my understanding the violations have
complied...
Ms. Slazyk: No.
Chairman Hernandez: ... but they will receive an affidavit of compliance tomorrow by the Code
Enforcement Board.
Ms. Slazyk: They have not obtained the building permit. One of the violations is now in
compliance, the second one is not.
102 January 27, 1998
Chairman Hernandez: OK.
Ms. Slazyk: So, they are 50 percent.
Chairman Hernandez: All right, can we hear from the applicant? Swear him in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Alonso-Poch: Yes, I do. Manny Alonso.
Commissioner Plummer: Excuse me, Mr. Chairman.
Chairman Hernandez: Hold on a second, Manny.
Commissioner Plummer: Normal... Excuse me. Normal procedure is, you hear from the
appellant who is the one who did the appeal.
Chairman Hernandez: Well, I did... I thought he had...
Commissioner Plummer: No, he asked for a deferment which was denied.
Chairman Hernandez: Oh, I thought he had deferred his time for the minute for him to... Go
ahead, then, I am sorry Manny.
Mr. Cohen: Well, I didn't, but I would like to hear what he has to say before I go.
Commissioner Plummer: Well, sir, you will have time for rebuttal.
Chairman Hernandez: Well, we first... We start with you and you have a rebuttal.
Mr. Cohen: OK, well then I am going to have to speak and not on the technicalities in terms of
whether he is code or not. But, I am talking about quality of life issues, and...
Mr. Joel Maxwell: I am sorry, Mr. Chairman, was he sworn in, Mr. Clerk?
Chairman Hernandez: Yes, he was.
Mr. Cohen: Yes, I was.
Commissioner Plummer: Yes.
Mr. Foeman: Yes.
Mr. Cohen: OK, we will do it again.
Mr. Maxwell: Then, have him identify himself of the record, please.
Mr. Cohen: If we do it twice, maybe it works better. We are talking about a quality of life issue.
We are talking about a lot of people living in the Grove, a lot of them are here right now who
have to listen to motorcycles or mufflers at three and four and five o'clock in the morning.
People who are stumbling there around the Grove drunk, and et cetera and et cetera, and the beat
goes on. Now, what we are doing here is starting a policy, in other words, everybody can be
103 January 27, 1998
opened until 5:00 a.m., in the morning in the Grove. And, that's really where I am coming from.
I am a resident there. I love the Grove and it's changing, and not for the best. And, are we going
to allow everybody who wants a five o'clock license to have it?
Commissioner Plummer: Let me ask a question, if I may? Are you finished, sir, for now?
Mr. Cohen: Just right now, I am, yes.
Commissioner Plummer: OK. Let me ask of the department. Hello? I have watched some of
this on Channel 9 when it was being heard live for the first time in real live color. As I recall,
they have the right to stay opened until five o'clock in the morning?
Ms. Slazyk: Yes...
Commissioner Plummer: But not to serve alcohol beyond three.
Ms. Slazyk: Not to serve alcohol, that's right.
Commissioner Plummer: But, they can stay open...
Ms. Slazyk: Twenty-four hours.
Commissioner Plummer: ... twenty-four hours a day and those wild and wooly motorcycles can
make all the noise they want. But, what your contention I guess is, if they are not drunk and they
are sober, they are not going to make all that noise. So, really what we are talking about, as I
understand it, is only two hours additional... Two hours for drinking, OK? I just want to make
sure I understood it correctly.
Mr. Cohen: It's the same reason that Proplayer Stadium they cut drinking off in the third
quarter, OK?
Commissioner Plummer: We do also that Orange Bowl, sir.
Mr. Cohen: Oh, at the Orange Bowl, also?
Commissioner Plummer: Yes, sir.
Mr. Cohen: So, there is a reason for it. And, you drink until 5:00 a.m., you get on those
motorcycles and I don't know who you are going to kill on the way out.
Commissioner Plummer: Well, the answer to that, and I shouldn't be here trying to defend
anybody is, they go to Miami Beach and drink.
Mr. Cohen: That's why I moved from Miami Beach.
Commissioner Plummer: And, then our people lose the revenue. But, anyhow, I am sorry.
Chairman Hernandez: The applicant, please.
Mr. Alonso-Poch. Yes, Manny Alonso-Poch, 3131 Commodore Plaza, Coconut Grove. With
regard to the outstanding violation, it's for a camper for which we were told we needed a Class II
permit. We had obtained the Class II permit originally when the building was under construction,
and this was left out of the Class II permit, so we reapplied for a Class II permit on October 17th.
We were issued the Class II permit on January 6th. There is a 15 day appeal period that goes
104 January 27, 1998
after that to January 21st, and now we are ready to submit the building permit application itself,
to pull the permit and comply with that violation. That's the only violation outstanding. All the
other violations that we have been cited for, which are three I believe, have been complied with.
So, as far as the violations are concerned, that is the only outstanding issue that we have and it
will be corrected within the next five days. Now, as far as the merits of the application, the
Zoning Board granted us or approved our application with the recommendation of the Planning
Department. And, we urge you to do the same. As far as the motorcycles, we try for our off -
duty police officers to enforce, at least as far as Sloppy Joe's is concerned, the noise ordinances
and tries... that try to keep the motorcycle noise down. As far as the motorcycles elsewhere in
the Grove, we really can't control that.
Commissioner Regalado: But, underage drinking, what are you doing about it?
Mr. Alonso-Poch: We have two security guards at the door which check ID's. I can bring you a
stack of fake ID's which we confiscate on a regular basis, whenever we find that somebody
underage is trying to get into our establishment. There is no underage drinking at our
establishment. Everybody has to be 21 and older.
Chairman Hernandez: Let me... Before I ask you a question, Lourdes, haven't we already
approved other businesses like Sloppy Joe's to serve liquor until five o'clock?
Ms. Slazyk: Yes, there have been several approved already in Coconut Grove.
Chairman Hernandez: I believe it's Bar 609.
Ms. Slazyk: Club St. Croix. There are a couple that have been approved already.
Chairman Hernandez: So, competition wise, he would be put in an fair position, wouldn't he?
Ms. Slazyk: I don't know if I can answer that. I am not an expert in...
Commissioner Plummer: You can't answer that for zoning.
Chairman Hernandez: Well, see, have there been restaurant...? There are other restaurants in
Coconut Grove like yours that sell liquor up to five in the morning right now?
Mr. Alonso-Poch: Absolutely. And, we are definitely at a major disadvantage, competitive wise
with those establishments. Some of which by the way, if I may mention, obtain their supper club
extensions of the license from 3:00 p.m. to 5:00 p.m., at the same time... on the same Zoning
Board meeting or after than we did, and it's curious that the appellant didn't appeal any of the
others. If they are really concerned about the quality of life in the Grove, it would seem to me
that they would have appealed all of the other licenses that were issued to five o'clock. We were
the only ones appealed. So...
Chairman Hernandez: Mr. City Attorney.
Mr. Joel Maxwell (Interim City Attorney): I would suggest that you not go into discussion of
whether or not this particular applicant would be prejudice vis-avis business practices over there
and this is not a relevant discussion for the purposes of this application.
Chairman Hernandez: OK. The bottom line, all I wanted to bring out to the public is, that there
are other restaurants and cafes in Coconut Grove that are serving liquor until five o'clock.
Commissioner Plummer: Precedency. [phonetic]
105 January 27, 1998
Mr. Cohen: Mostly self-contained.
Mr. Maxwell: But, of course, you won't base... Of course, you will not base your decision on
that, at all?
Chairman Hernandez: Right. Of course not. But, I am just asking, is that the case...
Mr. Maxwell: I understand.
Chairman Hernandez: ... and we have approved that?
Mr. Maxwell: I understand.
Chairman Hernandez: OK. Are there any questions for the applicant? Sir, rebuttal, rebuttal.
Mr. Cohen: I do have a question. Are the security guards that you hire members of the City
Police force?
Mr. Alonso-Poch: Absolutely.
Mr. Cohen: So, you have off -duty policemen as security guards?
Mr. Alonso-Poch: Absolutely. If you were to walk by there you there you would see them.
Mr. Cohen: I am not up at four in the morning.
Mr. Alonso-Poch: They are there at nine o'clock at night, sir.
Commissioner Plummer: All right, are you ready for a motion?
Chairman Hernandez: I am ready for a motion.
Commissioner Plummer: I move that we approve it subject to a one year review.
Commissioner Regalado: Second.
Commissioner Plummer: What?
Commissioner Gort: You have to deny the appeal.
Chairman Hernandez: You have to...
Commissioner Plummer: Deny the appeal predicated on a one year review.
Commissioner Gort: OK.
Commissioner Plummer: That will keep them on their toes. If they do right, they will get
another extension whenever they need it. They don't right, then we still reserve the right. But,
you are there for another year, let's see what it does. Let's see what happens, no big deal.
Mr. Alonso-Poch: But, Commissioner Plummer, are you suggesting that we have to come back
here again in a year or...?
106 January 27, 1998
Commissioner Plummer: Ina year.
Mr. Alonso-Poch: What review process are your suggesting?
Commissioner Plummer: Review process. It will cost you...
Commissioner Regalado: Administration, I guess.
Mr. Alonso-Poch: Administrative or...?
Commissioner Plummer: Oh, administratively, of course.
Mr. Alonso-Poch: Oh, OK.
Ms. Slazyk: I need to...
Chairman Hernandez: OK, we have a motion...
Ms. Slazyk: I would also if you are, you know, moving toward the approval that you also
condition them coming, you know, to expect it within five days. But, please add the condition
that they come into compliance prior to receive...
Commissioner Plummer: Subject to approval without question.
Mr. Alonso-Poch: Absolutely, absolutely.
Chairman Hernandez: We have a motion on the floor by Commissioner Plummer, seconded by
Commissioner Regalado.
Mr. Maxwell: Mr. Chairman.
Chairman Hernandez: Yes.
Mr. Maxwell: Pardon me. The resolution that you have in your packet which would affirm the
decision of the Zoning Board, and I believe that was a motion that you have on the floor right
now, contains several conditions. And, I just want to make sure that the maker of the motion is
in fact, saying that. One of them was...
Commissioner Plummer: Add the conditions which have already been agreed to. Add them to
my motion.
Mr. Maxwell: OK, so what you are saying is, the motion... the resolution... What you are doing
is, you are moving that the resolution affirming the decision of the Zoning Board in the packet be
approved in addition to the one condition regarding the Code Enforcement violation.
Commissioner Plummer: Absolutely. Well, read the other conditions into the record. You have
two policemen there from nine o'clock until closing time. Isn't that it, as I recall or...? Read
them into the...
Mr. Maxwell: I will let the staff read them. Staff is going to read them in.
Chairman Hernandez: Conditions, Lourdes.
Mr. Alonso-Poch: No, that is not a condition, Commissioner Plummer
107 January 27, 1998
Ms. Slazyk: No, that was not one of the conditions, that was one proffered by the applicant, but
we are not allowed to request the security.
Commissioner Plummer: Oh, well if we can't request it, we can't request it.
Ms. Slazyk: The other conditions that were approved by the Zoning Board are that it will run
with this operator only, any change in operator shall require new special exceptions so that we
can review the... we have the opportunity to review the proposal individually. They also have to
give us a parking incentive proposal. They have spaces across the street that are under their
ownership. We would like to encourage people to park there instead of out in the neighborhoods.
So, if they do an incentive for that, that will keep all their patrons nearer to their establishment,
not in the neighborhoods for 5:00 a.m. And, that's it. And, then they have proffered that they
would use City of Miami, off -duty police officers for their security.
Mr. Cohen: Excuse me, there is no requirement that he has police force there, because there is
no police presence after 3:00 a.m. in the Grove.
Commissioner Plummer: Well, sir, what we are being told is, is we can't include that in there is
what I have just been told.
Mr. Maxwell: That's about the firearms, the security guards?
Commissioner Plummer: Yeah.
Mr. Maxwell: Yes, sir, armed security guards cannot be required over there. We have been to
the Third District Court Appeal regarding that issue on other establishments.
Mr. Cohen: So, in other words, until five a.m., there is basically no police presence at all?
Mr. Alonso-Poch: That's not the case. There is police presence. There is police presence there
from 9:00 p.m., till 3:00 p.m. And...
Mr. Cohen: That's people you hire, correct? But, you are not required to do so?
Mr. Alonso-Poch: Yeah, we can't provide people that we don't hire. That's for the City of
Miami Police Department to provide.
Mr. Cohen: That's correct. But, I am saying the City of Miami Police force...
Commissioner Plummer: He just said... Did you say City of Miami policemen?
Mr. Alonso-Poch: Off -duty policemen. He wants us to provide on -duty policemen and we can't
do that.
Commissioner Plummer: Off -duty, that's what he just said.
Mr. Cohen: He doesn't... But, I am saying, he can fire them tomorrow, he doesn't have to have
them there, OK? And, you are worried about underage drinking. I know you can't enforce it,
but that's a real problem.
Commissioner Plummer: Yeah, but we can send other policemen in there to enforce it.
Mr. Cohen: Well, I think what you have to do is, is ask the Police Department what kind of
problems not having them would be there. Maybe, this gentleman here could help us.
108 January 27, 1998
Commissioner Plummer: Sir, all I have got to tell you, if you see people in there, or you feel
there is a violation, in my estimation, you call the Police Department and ask them to investigate
and if they don't, you call my office and I will make sure that they do.
Ms. Jill Velasquez: May I say something?
Commissioner Plummer: Absolutely, ma'am. For the record, your name and address.
Ms. Velasquez: It's Jill Velazquez, and I live in Camp Biscayne which is 3505 Main Highway.
I don't really understand what's going on here. I speak as a member of the Grove, as a resident,
as a tax paying citizen, as a mother. And, I invite any one of you to come to my home and live
through what we have had to live through. And, I just... I don't understand how you can sit on
the board and not hear. I mean, we went through the trouble of appealing it because it's been a
nightmare. The trash, the garbage, the stumbling people, the police reports. We gave a list of
police reports. They have had some 22 police reports before, before Christmas, and we have
listed them. They are all on record, OK. We have not been able to get Lt. Columbo here. I
don't know what more there is to do or where to go from here. But, I speak as a mother of a
little boy, and what is going on in the Grove is despicable, OK? It's just awful, and I don't know
what more to say, I really don't. Mr. Cohen has said it all. I say it as a mother and as a tax
paying resident. I mean, hear us, please. Hear us. The residents are angry, they don't want
Coconut Grove to be the big party town. We like it as a community of residents and of
services...
Commissioner Plummer: But all we are talking about is two hours.
Ms. Velasquez: ... for the community and the residents. But, as a party town, and as drunks and
broken glass. My child can't even ride his bike, there is broken glass everywhere, OK. I mean, I
beg of you to hear what I am saying because...
Commissioner Plummer: Ma'am, I hear what you are saying, but I think that you have to
understand, and I fully understand your concern, OK? He can stay open without being heard.
He can stay opened 24 hours a day. We are addressing the potential two additional hours.
That's all we are talking about here. Other than that, he has the full right under our zoning and
under our regulations to stay open. Now, does the two hours make that big a difference? What
my motion addresses here is that we try it, if it is a problem, at the end of this year, we have the
right to take it away.
Ms. Velazquez: But, what I am saying to you is, it has been a problem up until now. That's why
we went to this effort. It is a problem. It's a problem now. Why do we have to wait a year. The
extra two hours... He can stay open till five, let him just not serve alcohol. We don't want people
out on the streets drinking anymore than we have already got.
[AT THIS POINT, 6:12 P.M., COMMISSIONER TEELE ENTERED THE CITY
COMMISSION MEETING ALREADY IN SESSION]
Chairman Hernandez: Thank you, ma'am. I am going to call the question at this time. There is
a motion on the floor by Commissioner Plummer, seconded by Commissioner Regalado. All
those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays." Roll call, please.
109 January 27, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-104
A RESOLUTION WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE
ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT A SUPPER
CLUB AT AN EXISTING RESTAURANT ("SLOPPY JOE'S), FOR THE PROPERTY
LOCATED AT 3131 COMMODORE PLAZA, MIAMI, FLORIDA, SUBJECT TO (1)
A TIME LIMITATION OF TWELVE (12) MONTHS DURING WHICH TIME A
CERTIFICATE OF USE AND BUILDING PERMITS MUST BE OBTAINED, (2) THE
APPROVAL SHALL RUN WITH THE PRESENT OPERATOR ONLY AND ANY
CHANGE SHALL REQUIRE A NEW SPECIAL EXCEPTION, (3) THE APPLICANT
SHALL SUBMIT A PARKING INCENTIVE PROPOSAL AND ASSURANCES THAT
THE PARKING SPACES ACROSS THE STREET (UNDER THE SAME
OWNERSHIP) WILL BE MADE AVAILABLE TO PATRONS OF "SLOPPY JOE'S",
FOR REVIEW AND APPROVAL OF THE PLANNING DEPARTMENT PRIOR TO
THE ISSUANCE OF THE CERTIFICATE OF USE AS A "SUPPER CLUB", (4) THE
APPLICANT SHALL COMPLY WITH ALL REQUIREMENTS OF THE SIDEWALK
CAFE PERMIT ISSUED TO THE PROPERTY AND THE PERMIT FEE PAYMENTS
SHALL BE RETROACTIVE TO SEPTEMBER 16, 1997, (5) ADMINISTRATIVE
REVIEW IN ONE YEAR, AND (6) COMPLIANCE WITH ALL CONDITIONS AND
SATISFACTION OF ALL OUTSTANDING CODE VIOLATIONS RECOGNIZED OR
IMPOSED BY THE ZONING BOARD AND THE DEPARTMENT OF PLANNING.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: Commissioner Wifredo Gort
Vice Chairman Arthur E. Teele, Jr.
ABSENT: None.
110 January 27, 1998
------------------------------------------------------- --------------------------------------------------------
24. DENY APPEAL WITH CONDITIONS OF ZONING BOARD DECISION
WHICH GRANTED SPECIAL EXCEPTION AS LISTED IN ORDINANCE
11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS TO ALLOW TAVERN -- LOCATION: 1673 N.W. 27
AVENUE -- APPLICANT: VIA DEL RIO RESTAURANT -- FURTHER
REQUEST FROM CITY MANAGER TO LIMIT NUMBER OF PLANNING
AND ZONING AGENDA ITEMS AS WELL AS DELIBERATION OF
ZONING ISSUES -- DIRECT MANAGER TO HAVE NET
ADMINISTRATORS, CODE ENFORCEMENT AND POLICE PERSONNEL
PRESENT AT MEETINGS.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: PZ-4.
Ms. Lourdes Y. Slazyk (Assistant Director/Planning Department): PZ-4 is an appeal of a special
exception that was granted by the Zoning Board for a tavern 1673 through 1699 Northwest 27th
Avenue. The department is recommending approval with conditions and it was appealed by the
neighboring homeowners within 375 feet of the property. The department's recommendation of
approval. The condition is that it also run with this operator only. You are going to see these a
lot on these because we review what this operator is proposing. If it ever changes, we want it to
come back so we can review it again. It is in compliance with all the criteria of 1305. It's in an
existing retail center, which means its got all its parking, all its ingress, egress.
Commissioner Plummer: Are there people in opposition here?
Ms. Slazyk: Yeah, the appellants are here and the applicant.
Chairman Hernandez: Can we hear from the appellants first, please? Neighboring homeowners.
Ms. Slazyk: One of the... This was continued from the last Commission meeting in order to try
and have a meeting there. The applicant scheduled it. It was advertised. We went the
homeowners did not show up, and I went and the NET administrator went, and, you know, we
waited to see if we could find some kind of settlement and they never showed up.
Chairman Hernandez: So, the appellants did not show up?
Ms. Slazyk: That's correct.
Chairman Hernandez: OK, I'm going to translate that in Spanish, and I would like everyone that
is going testify on an issue coming up before this Commission today, to get up, raise your right
hand and be sworn in by the Clerk, please. [SPANISH]
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Plummer: Mr. Chairman...
Mr. Jose Garcia -Pedrosa (City Manager): Mr. Chairman.
Commissioner Plummer: ... you have got a problem over here.
111 January 27, 1998
Mr. Garcia -Pedrosa: We need to advise you of something and get the City Attorney's help.
Apparently, there are some questions been raised about the advertising on this item. Can we
explain it to you, sir?
Ms. Slazyk: The purpose for the advertisement was so the Commissioners could attend. It was
the applicant was... had told me he advertised it for a Friday and it was switched to a Monday,
but the invitation to the neighbors was for Monday.
Ms. Teresita Fernandez (Asst. Executive Secretary/Hearing Boards): May I ask, Mr. Chairman?
Chairman Hernandez: State your name and address for the record.
Ms. Fernandez: Yeah, my name is Teresita Fernandez, of the Office of Hearing Boards. May I
ask Mr. Perez a question?
Chairman Hernandez: Yes.
Ms. Fernandez: Where did you advertise it?
Mr. Virgilio Perez: No, no, we did not advertise it because your... Let me explain you what
happened.
Ms. Fernandez: Oh, it was never advertised. I just wanted to say.
Mr. Perez: What happened... What happened...
Chairman Hernandez: Hold on one second, sir. Name and address for the record, please.
Mr. Perez: Yes, my name is Virgilio Perez with office at 159 Shore Drive West, City of Miami.
We were never advertised because what happened is, that I felt sick and you had only 14 days to
advertise because the Miami Herald will not take that advertising. And, what we did is, we
notified in order to inspect the property but we submitted personally to all the neighbors and to
the Commissioners' staff whoever wanted to go, but not the Commission itself.
Ms. Slazyk: OK, I misunderstood.
Commissioner Plummer: Well...
Chairman Hernandez: So, is there a legal question at this point in time?
Commissioner Plummer: That... is there a legal question or not?
Mr. Joel Maxwell (Interim City Attorney): The notice requirements would only go to... The
notice that we require would be 119 notice and that would be based on the fact that more than
one Commissioner would have been at the site at one time. So, if the Commissioners didn't
attend the meeting. And, the last I heard of the situation, no Commissioner has attended, there
would be no notice problem right there. But, if the Commission intended that the homeowners
know about the meeting, of course, then that's a policy decision you make, but I don't think you
have a legal notice problem.
Chairman Hernandez: Well, there is then, no legal notice problem, and then again, I remember
discussing this item. The whole intent was for them to sit down and meet...
112 January 27, 1998
Commissioner Plummer: Yeah, that was the...
Chairman Hernandez: ... but they did not have to advertise to notify the homeowners.
Mr. Perez: It was proffered at that Commission meeting and...
Chairman Hernandez: It was completely proffered, I agree. Senor [COMMENTS MADE IN
SPANISH] Just a point of clarification. I misspoke a moment ago when I said Chapter 119.
That's a Sunshine Law violation 286.
Commissioner Plummer: Well, let the record reflect that this Commissioner was in the Sunshine
and not in violation. I did not attend any meeting.
Chairman Hernandez: None of us did, no.
Commissioner Gort: None of us did.
Commissioner Plummer: You speak for yourself. I am getting my record straight.
Mr. Jose Martin: [SPANISH -- TRANSLATED BY TERESITA FERNANDEZ] My name is
Jose Martin, my address is 2744 Northwest 17th Street. I would like to answer about the
invitation that was given to us or made to us. I asked when we received the invitation which was
answered within a 24 hour period, because the invitation spoke about the evaluation of the
building. I answered that the one that would have to evaluate the building will be the pertinent
authorities. We, the property owners of this residential neighborhood which is called Graceland
Park that was founded by the deceased Steve Clark, 30 years ago, that we lived in this place. We
have fought for this community showing with signatures from all the property owners are
several... about complaints to Mayor Clark, Mayor Ferre, Suarez in his first term. The last one
was for a sewer to build the bridge and on this occasion with this tavern... at this time with this
tavern. We are not against anybody. We have not offended anybody. We speak with the
permission of this Honorable Commission and according to the First Amendment of the United
States, however, before this invitation to the restaurant I received a letter from Via Del Rio
lawyers trying to do a bribe...
Commissioner Plummer: Woa, woa, woa.
Mr. Garcia -Pedrosa: Blackmail, blackmail. No problem, blackmail.
Mr. Fernandez: Blackmail. I am sorry. Trying to do blackmailing. I am sorry, I said bribe.
Commissioner Plummer: Well, wait a minute, that's not any better. I mean...
Mr. Martin: [SPANISH]
Commissioner Plummer: Well, no, no. Wait, wait, wait. Sir, please...
Chairman Hernandez: It's a different "B."
Commissioner Plummer: ... if you have proof of criminal activity, that's fine, and you take that
to the appropriate party. This is not what we are here about, blackmail or whatever else you
might think. If you have proof, that's one thing. Please explain that to the gentleman, that we
are here talking about zoning.
Ms. Fernandez: [SPANISH]
113 January 27, 1998
Mr. Martin: [TRANSLATED BY MS. FERNANDEZ] This appeal, in first instance, this
appeal it was made because they've given... they have granted... because the Zoning Board
granted without recognizing the property owners' rights in a public hearing that they don't know
who voted. The vote was four to three of nine members of the board. It's a minority of 40
percent. That's why we are appealing it. We, like I said, we are not against anybody. That
restaurant has been there for many years or a long time. We have never... We have never, put
a... I mean step into it. We don't know anybody, but we know of a license. We are against the
license that will give life to the alcoholics, and we the property owners that we have gray hairs,
that are retired, that have adjusted to the American dream of having a home for our enjoyment,
for a time of retirement, that we have fought for this community would not like to have now to
get to this age having a tavern within 375 feet from our home. We, the property owners, would
like a better quality of life. I would like to continue fighting for the improvement of this
neighborhood that gave life, the deceased Steve Clark. What is a tavern? Everybody knows.
We address this Honorable Commission remembering... reminding you, reminding you that this
is a conscience... a matter of conscience.
Unidentified Speaker: Issue.
Ms. Fernandez: [Translating for Mr. Martin] An issue. And, we ask, please that the first
meeting that was postponed or deferred September 8, 1997, five months ago, please, the
neighbors that have grey hair, that some of them don't come because they are sick, please vote in
today's date and follow your heart. Thank you. He is saying you all have this package which
has been given to you within ten days.
Commissioner Plummer: Mr. Chairman.
Chairman Hernandez: Yes.
Commissioner Plummer: While we are waiting for just one moment. I think that whoever put
this agenda together is crazy. I want to tell you something, of all the years that I have been on
this Commission, you have got for the average to look at, at least a half hour per zoning issue. I
mean, that's the average. If in fact, that is the average today, we have 17 hours of zoning to do.
And, I'll tell you something, I don't mind working. But, if you think that I am going to sit here
for 17 hours, somebody has got to have some different thoughts. Mr. Chairman, you are in
charge of the agenda. I would hope in the future, that at the max that we would have would be
ten, maybe 12 items of zoning and limit it to however you want. But, I think that we have got to
come to a realization of reality, that we can only sit here so long.
Chairman Hernandez: There is no question about that. I agree with you, and I was just not able
to sit down with the Manager last week to discuss the amount of items of the agenda. But, that
will be taken care of. That's something I have been griping about and the Manager and myself
will take care of that.
Commissioner Plummer: You just... In the future, I would hope you just wouldn't sign off until
such time as you are satisfied.
Chairman Hernandez: OK.
Commissioner Plummer: This gentleman here wants to speak.
Chairman Hernandez: He is on behalf of the appellant, right? OK.
Mr. Francisco Casteneira: My name is Francisco Casteneira, and I don't... [SPANISH]
114 January 27, 1998
Ms. Fernandez: [Translating for Mr. Casteneira] I am not in opposition so that they have a
cafeteria with a license or a restaurant with a license. They sell beer with food and wine. And,
they have entertainment with... how you call...
Commissioner Gort: Pool tables.
Ms. Fernandez: pool tables. We are not in opposition that they have the license as it is now.
What we don't want is that the new license that they are asking for will bring some elements,
bad elements...
Commissioner Plummer: A different element.
Ms. Fernandez: A different element.
Commissioner Plummer: Just ask me, I'll tell you.
Ms. Fernandez: That will ruin or destroy everything that has been kept up, up to now. That's
why, I am in opposition of the new license of the tavern. OK, Muchas Gracias.
Commissioner Plummer: Mr. Clerk, is your clock broken?
Mr. Walter J. Foeman (City Clerk): No, it's not.
Commissioner Plummer: Why isn't it being used?
Chairman Hernandez: Two minute warning. We want to hear from the applicant now that there
is no one else standing up for the appellant.
Commissioner Plummer: No, Mr. Chairman, I am serious. I would hope that every applicant
and every speaker has two minutes to speak. And, the clock is not being operated and we paid a
lot of money for that clock, and I think we need to remind some people that they are talking too
long.
Chairman Hernandez: Mr. Perez.
Mr. Virgilio Perez: Mr. Chairman, I will try to be as brief as possible. It is true that this is a
restaurant, a family -owned restaurant, small restaurant, inexpensive restaurant that served the
area for over eight years. We have heard... First of all, I would like to address about the
invitation, I delivered personally to all the homeowners who signed that petition to inspect... in
English and Spanish and I will read in English for the record, to inspect and evaluate said
property, presently scheduled for a hearing in front of the City Commission of Miami on January
27, 1998. This was what we proffered here, at this City Commission. We complied with that.
We had... I would like to introduce this as part of the... We had there the Zoning Administrator
and we had also the Assistant Director of Planning and Zoning. I would like to ask the NET
(Neighborhood Enhancement Teams) Administrator from West Little Havana, that he was there,
what kind of... What did he see over there? Did it have people having lunch there? Did it have
people having drinks? Did it have...? What kind of restaurant was there?
Mr. Ruben Avila (NET Administrator/West Little Havana): I was invited at 12:00 noon to go to
check the place out and also to attend the meeting over there. What I see there was people
eating. Two or three families that were eating at the time and about four or five people that were
playing pool. It was very quiet. That's about it, what I saw there. And, also according to... I
believe you people have statements from the (unintelligible) and what kind of reports they have
from the Police Department that's what... I was only there two weeks. [phonetic] Thank you.
115 January 27, 1998
Chairman Hernandez: Thank you. All right.
Mr. Perez: I would like to also introduce a menu from the restaurant. I am pretty sure that any
restaurant that has this type of extensive menu is not a place to drink only.
Vice Chairman Teele: Could I see the menu? I am so hungry.
Mr. Perez: Well, we would like to say that it is true that we went in front of the Zoning Board of
the City of Miami and we got it approved. It was an open process as it is always. And, I do not
understand why the appellant is talking about that. They had the right there, they spoke and we
spoke. And, the Zoning Board took the decision to give us the opportunity to obtain the license
as a tavern. We have said and we are going to profit that our restaurant, the kitchen will always
be opened, all the way until the 3:00 a.m., license time. We do not want to impose anybody just
drinking there. It's on the contrary. As you could hear about the NET Administrator, we do not
have any problems with the police, we do not have... In fact, we try to take care of the
neighborhoods. But, most of the appellants, and I would say 99 percent of them live West of
27th Avenue, which is a buffer completely into this restaurant. This restaurant is at the east of
27th Avenue, next to the bridge and serve a perspective clientele, which is the people who work
in those boatyards and the people who live around there. I would like to introduce now, some of
the people who will speak very briefly and will tell you a little bit of the history of the restaurant.
I would like to have Mr. Wilder Cordero, please.
Mr. Wilder Cordero: My name is Wilder Cordero, and I live 1669 Northwest 27th Avenue. I
would like to take this opportunity to talk a little bit about Via Del Rio Restaurant, and why it's
so important to get the license. Via Del Rio Restaurant is nothing more than family business. A
business that has been established for more than eight years. Eight years for persisting with hard
work and being patient to get the license is just another proof that this couple are trying to do
things the right way in accordance with the City laws. The license will help them to improve the
service. I believe we should support them as commercial [phonetic] because, after all, what is
Miami without these typical places where Latins can feel at home. In reference to whom, Via
Del Rio customers, I am proud to say what they have customers of many different cultures and
economical status. Also, there no... a place where anyone can eat clean, tastefully and very
inexpensive. To finish, I would like to take this opportunity to cordially invite those of you who
are against Via Del Rio to come and visit them, try the food, see for yourself what is going inside
of Via Del Rio. Maybe, then, you are going to become one of our customers. Thank you.
Mr. Perez: Thank you. I would like to introduce now, Santiago Gervacio.
Mr. Santiago Gervacio: My name is Santiago Gervacio. I reside 2550 Northwest 13th Street.
And, what I would like to say is, that I have been visiting that family restaurant for a few years,
a very good atmosphere. I go there with my family, and I feel is a very, very nice place.
Another thing that I would like to point out is that 27th Avenue has six lanes, three going north
and three going south. Mr. Martin lives on the West side of 27th Avenue, which is another
restaurant which is closer to him. So, if he hears any noise, most probably it would be coming
from that direction. Another thing that I would like to point out is that here we a number of
people like myself, they have set put... set foot on that restaurant and entertained themselves or
just plain and simple get a colada. And, those people can attest like I do, that it's a very, very
nice place and will continue to have the privilege that the City that knows have given already the
license. Here we have a number of people that will contest like I do. Mr. Martin never cared to
put his foot inside the restaurant, so therefore, he doesn't know how it is. Thank you.
Mr. Perez: I would like to introduce now Marilys Mirable, one of the owners of the restaurant.
116 January 27, 1998
Ms. Marilys Mirable: Hi, my name is Marilys Mirable. I live in 14516 Southwest 95th Lane. I
am the daughter of Carmen Fernandez, the owner of Via Del Rio Restaurant. And, once again, I
am here just to remind you all that this is a family owned business. Actually, I bring my
daughter everyday for dinner, and as a mother, believe me, I will not take my daughter to a place
where her safety is in danger. And, as a member of this family; I can promise you that even after
the approval for this license this is going to continue being a familiar place where anybody can
go and have a good time and just going to continue being a restaurant. We will still serve food,
that's a promise from a member of this family. Thank you.
Ms. Perez: Yes, I would like to introduce now Lieutenant Hector Mirable.
Lt. Hector Mirable: Thank you. Members of the Commission, my name is Hector Mirable. I
am here not in the capacity of a police lieutenant. I am here as a citizen that in an off -duty
capacity have done a lot of things in the area of Via Del Rio in order to make it a safe haven, not
only for the environment there, but also for the community around it. Because, the complaints
that were received by my father-in-law and mother-in-law, wife and my parents, who live in
Tomas Regalado's area, was that we had an infestation of gangs, robberies, burglaries, even
murders in that area. And, between the NET (Neighborhood Enhancement Team) concept there
in West Little Havana and myself, I would like to introduce you to one of the leaders of the
gang. This is a success story. His name is Carlos. He was arrested countless of times for
robberies which occurred in the immediate area around Via Del Rio which had a dramatic
impact also on the customer base of that area. Needless to say it had an impact on where
everybody else lived in and around that community. Finally, after the Miami Police Department
is able to arrest him for the seventh time, and he spent, I think one year in jail, he came back out.
Instead of him coming back into the same environment, what he did is, he came back in Via Del
Rio. My mother-in-law and father-in-law went in and helped him out, found him a job. We got
him squared away with a possible GED (General Education Diploma) in the future, and here he
is. He has not committed a robbery since he has gotten out of jail, a burglary. He has prevented
robberies from occurring inside Via Del Rio. This is the kind of success story that is being made
right now by this family. And, that's why I came to tell you they are very scared of what's
happening outside and what's going to happen, the potential that is going to happen out there
with crime. I am telling you, this is success. Thank you.
Chairman Hernandez: Sir, unrelated to this, when are you coming back to work? We need you
back in Little Havana.
Lt. Mirable: Sir, I would like to tell you that my surgery was just fine, and I am able to go ahead
and stand up, and I am back to work tomorrow.
Chairman Hernandez: Thank you, very much.
[APPLAUSE]
Mr. Perez: Mr. Chairman, I just want to wrap it up. I wanted to say that the analysis from the
Planning Department, the testimony that you heard from the NET Administrator, the testimony
that you heard from this Lieutenant Mirable and specifically from Carlos that has been here, I
think this small restaurant, family oriented restaurant deserves the same opportunity as some of
the big restaurants that we have in the City of Miami. We are a small City, we are not a rich City
and we need all the help we can. I hope you can vote against the appeal.
Chairman Hernandez: Thank you very much. Mr. Perez. Rebuttal for the appellant.
Ms. Victoria Martin: My name is Victoria Martin, and I live at 2744 Northwest 17th Street.
Everything I have heard here is about the restaurant. We have nothing against the restaurant.
117 January 27, 1998
The NET... The person from the NET went to a restaurant, and I am glad we have the restaurant
there. What we are against to is the tavern that they want to place instead of the restaurant or
joined to the restaurant. That's the only thing we are against to. To the tavern. We are not
against the restaurant. And, I think we are here not talking about the restaurant. We are against
the tavern. And, I think the Commission is the only one who can approve or disapprove the
tavern.
Mr. Perez: Ah... if...
Ms. Martin: The restaurant is already there. Thank you.
Chairman Hernandez: Thank you, very much, ma'am.
Mr. Perez: Mr. Chairman, I would like to see if the Planning Assistant... the Director can specify
what a tavern means according to our obligation to operate them with beer and wine COP
license. It's part of the code of the City.
Ms. Lourdes Y. Slazyk (Assistant Director/Planning Department): Yeah, what it is, is under our
code and the City code and the Zoning Ordinance, the difference between a restaurant and a
tavern is the percentage of sales for liquor. OK, a restaurant has to maintain 51 percent of their
sales as food and 49 can be the beer and wine and alcohol. What this will do is, remove that
percentage requirement from them. They have proffered that they will keep their kitchen open at
all times. So, in reality, operationally, it's not going to be any different than it is today. But, on a
small business, it takes away that preoccupation that always make sure that there numbers are
51/49. But, with the condition that they always serve food when they are open which they have
proffered and we accept. It really will not be operationally any different than it is today.
Chairman Hernandez: OK. Are there any motions at this time, before we close this issue right
now. Any motions, any questions? I would like to close the public hearing at this time. Any
motions, any questions by the Commission? What is the will of the board?
Commissioner Plummer: Whose district is it?
Commissioner Gort: It's my district. And, let me tell you, I have been in the area, I was there to
get coffee a couple of times. And, maybe I went at the wrong time. But, there is people there
drinking without food in front of them. I saw that myself. We still have a lot of problems within
that corner and we know where the problem is coming from. We still have gang problems in
there and if not, ask the gas station right across the street and ask the air-conditioning place right
across the street also. The differences with this is, people will not be able to serve... like they
say, the balance of the hard liquor and my understanding also, the hours will extend. And, we
got a problem, see. And, the problem is, when you compare big restaurants to little restaurants, I
can understand. But, big restaurants most of the times, they are in different locations than small
restaurants. We have a lot of problems. I heard from some of the police officers on the midnight
shift that they have had problem with that corner. And, I'll tell you, all we are doing is to extend
this. I would not be in favor of this. Like I stated before, I would move... I would make a
motion to approve the appeal.
Chairman Hernandez: There is a motion on the floor to approve the appeal by the appellant. Is
there a second?
Vice Chairman Teele: Second.
Chairman Hernandez: There is a second...
118 January 27, 1998
Commissioner Plummer: Under discussion.
Chairman Hernandez: ... Yes. There is a second by Vice Chairman Teele. Discussion. Yes.
Commissioner Plummer: I am hearing two different things here. One telling me is that it
extends the hours and the other tells me it doesn't extent the hours. And, I would like before I
vote to know which is correct.
Ms. Slazyk: Yes, sir. I think the confusion is the supper club you just heard, Sloppy Joe's.
That was for our extension. This is not. It's the same 3:00 a.m., limit. The only thing this does
is the alcohol doesn't have to be incidental to food. Someone could just, you know, there... just
get liquor.
Commissioner Gort: Get liquor without food.
Ms. Slazyk: Under today's though, if they want... If somebody walks in and wants a drink, they
can have, you know, a beer without ordering food, as long as the overall sales are 49/51. This
will...
Commissioner Plummer: For individual customers or on a monthly basis, a daily basis...?
Commissioner Gort: That's on all.
Ms. Slazyk: It's... The alcohol is to be incidental to food. Now, with this special exception, it
doesn't have to any longer. But the 3:00 a.m., is still the same.
Chairman Hernandez: Let me ask something to the NET Administrator. Mr. Avila.
Mr. Avila: Yes, sir.
Chairman Hernandez: What is the record of citations, a record of violations, are there any
record history on this restaurant for past violations serving liquor without food, or serving liquor
after hours?
Mr. Avila: OK, I have only been there in that office for two weeks, but as recollection goes, and
as the police report, and I believe you should have that police report on a package... on your
package...
Chairman Hernandez: There has not been a history of violations?
Mr. Avila: Sir, I cannot answer you at this time that question, at this moment, because I don't
have it in front of me.
Chairman Hernandez: Yeah, OK.
Mr. Avila: But, there is a police report in the package that you had before, you have it. I cannot
recall exactly at this time.
Chairman Hernandez: OK, for the record, can you answer that, Mr. Perez?
Mr. Perez: Let me ask the owner.
Commissioner Plummer: Mr. Chairman.
119 January 27, 1998
Chairman Hernandez: There is something...
Commissioner Plummer: I think in the future, it will be very beneficial to this City Commission
in the same manner that at the Zoning Board hearings they have the NET Administrator, the
Code Enforcement and the Police Administrator. I think we ought to have them here at this City
Commission meeting. Now, you know, you talk about in the previous hearing that we just had,
there were 22 violations. Nobody made me aware of that, nobody said that that's legitimate or
not legitimate. I think if we are going to have all the information that we are going to receive,
we need those people here to be able to answer the questions exactly the same way that they do it
at the Zoning Board hearings.
Chairman Hernandez: We have a... Commissioner Plummer, you... We have a motion and a
second on the floor.
Commissioner Plummer: I understand that, sir.
Mr. Avila: There is no outstanding... according to the Zoning fax sheet. There is no outstanding
fine, no... nothing.
Chairman Hernandez: There are no outstanding code violations or...
Mr. Avila: No, sir.
Chairman Hernandez: Are they before the Code Enforcement Board?
Mr. Avila: Not according to this fax sheet, zoning.
Chairman Hernandez: OK, what do you have there?
Lt. Mirable: The crime analysis unit headed by Capt. Longueira went ahead and produced this.
We made... We handed out previously and we introduced it as evidence in the last one. The first
one is Via Del Rio Restaurant. I would like to...
Commissioner Plummer: To deny the application and pull the appeal. That's the motion.
Chairman Hernandez: OK, these are just calls to the Police Department for...
Lt. Mirable: Yes, sir.
Commissioner Plummer: You have to talk to the Chief about what?
Mr. Perez: If I may put it in the record, Mr. Chairman, there has never been any arrests on this
police report.
Chairman Hernandez: That's what I am...
Mr. Perez: OK.
Lt. Mirable: Commissioner Gort, you just mentioned to me that a sergeant had spoken... had
given you a different impression.
Commissioner Gort: A sergeant and two police officers in the midnight shift, they told me they
have had problems in there and they would...
120 January 27, 1998
Police Capt. Longueira: Commissioner, I would like to...
Commissioner Gort: Yeah.
Police Capt. Longueira: If there is matters relative to the police activity, I think that I am the
representative of our department, and that if you want us to respond, I am not prepared because I
did not know what's coming up in this direction, but give us an opportunity to speak for the
Police Department. This man, at this point in time, does not speak for the Department of Police.
Commissioner Gort: You know, when it comes to these types of items, I agree with J.L. I think
we need the Police because you guys and the NET office need to work this. A lot of the crime, a
lot of the problems we had have been coming out of that. That is why we have the Code
Enforcement and so on. So, I think it's very important that we get our acts together and bring all
the information here. And, I think this is something that we need to consider within the Zoning
Departments every time we have... Because, when you look from the... from the planning point
of view or from the law point of view, you are also looking at the daily activity that takes place
in there. And, I think we need to have all those reports with us.
Commissioner Plummer: Educate me, please. I am trying to understand what you are telling me
before. Let me give you a scenario. Two people go in and they each order a bottle of beer. Five
people go in and order hamburgers. Does that meet the criteria?
Ms. Slazyk: No, with the restaurant license, no.
Mr. Joel Maxwell, Esq. (Interim City Attorney): Yeah. May I, Mr. Chairman? They would get
a restaurant license called an SRX4, COPSRX license to operate there.
Mr. Slazyk: There's is different.
Mr. Maxwell: That's a state license. And, the 51 percent requirement is a State requirement.
Commissioner Plummer: I am talking the 49/51.
Mr. Maxwell: The 51 percent requirement is a State requirement for a restaurant license and
when... An importance of that is, that you do not have to satisfy the distance separation
requirements of the City Code when you are a SRAX, and that's why this is before you. The
State audits these businesses and makes sure when they have SRX that they comply with the 51
percent and I believe that's either on an annual, quarterly or semiannual basis. But it has nothing
to do with individual patrons who come into the store... the restaurant. They do it on an
aggregate basis, and they compare the sales of the business and they look at the food sales and
they look at the alcohol sales and that's how they do it. Total sales for that period.
Ms. Slazyk: But, that's if it's an SRX?
Mr. Maxwell: Yes.
Commissioner Plummer: I don't know an SRX from a PDQ when it comes to liquor license.
Chairman Hernandez: Juan, what's the difference in the past that I know we have had a lot of
problems in those places, cafes and restaurants where they can only serve beer or wine ancillary
to sitting down and eating some food?
Mr. Juan Gonzalez (Acting Zoning Administrator/Building and Zoning): Right. Right, correct.
Juan Gonzalez, Acting Zoning Administrator/Building and Zoning. To make it simple, SRX is
121 January 27, 1998
only when you have 200 seats and 4,000 square feet. The State regulates that, and that includes
the 51/49 percent ratio. Otherwise, our City code requires that restaurants that serve only beer
and wine which is the majority, be the liquor or the alcohol be consumed with mere orders of
meal. So, in other words, here it's three different things. A tavern that will be able to serve
liquor period, without no consumption of food. SRX only 51 to 49, the State takes care of that,
but you have to have a huge place because you need 200 seats to a table and 4,000 square feet.
And, the regular restaurant that only allows beer and wine, that there is no distance requirement
whatsoever, you could have 20 of them next to each other, requires our code that you provide
only with food consumption. That's the difference.
Chairman Hernandez: And, we have here?
Mr. Gonzalez: And, we have here a straight tavern in front of you, OK.
Chairman Hernandez: OK.
Mr. Perez: Because... Just to clarify. The City of Miami requires a Special Exception for this.
We have proffered that our restaurant... because we don't want to take the restaurant off. We
want to make sure the restaurant is opened. But, we just don't want, since it's a small business
like the Assistant Administrator says, it's very burdensome.
Chairman Hernandez: Yeah. Commissioner Gort, let me ask you this, and maybe, I don't know
if you would feel happy with this or the people from the neighborhood? Can we consider as we
did in the case of Sloppy Joe's give them one year administrative so we can follow-up on
violations?
Commissioner Gort: I have already given it to Sloppy Joe's. I have made the motion on this. I
think there are differences. It's great differences, especially in that neighborhood. You know,
you guys can vote however you want to.
Chairman Hernandez: No, there is a motion, there is a second on the floor. I am calling the
question at this time. Please, call roll call.
Commissioner Gort: No.
Vice -Chairman Teele: No.
Commissioner Regalado: No.
Commissioner Plummer: I have to vote "no." I think what... You know, if we are going to be
consistent, I think we have got to be consistent. And, I would go for an approve this subject to
the administrative review, and if necessary, bring it back before this Commission. I have
nothing before me to say that these people have not operated in good faith and, you know,
that's... We... this Commission declared we were going to be business friendly. It was approved
by the department which is unbelievable that they approve anything. So, I just say that I would
want to approve with the condition, but that's not before me. I vote "no."
Chairman Hernandez: No.
Chairman Hernandez: Do we want to entertain...? The appeal has been denied. Do we want to
entertain...? Commissioner Plummer would like to make a motion as to what you just stated on
the record?
Commissioner Plummer: Well, Mr. Chairman, I... you know, if you can't bet, don't fold. What
I would suggest is, is that we do in fact, you know, make a motion that says that we would give
122 January 27, 1998
them with special exception of one year, that if during that time they are not good people and
they don't do what they are supposed to do, we will have an administrative hearing. And, if the
administrative hearing finds they have not abide and have been good citizens, it would come
back before this Commission with the full availability of this Commission to deny, and I have no
problem with making that motion, sir.
Chairman Hernandez: There is a motion...
Mr. Joel Maxwell, Esq. (Interim City Attorney): Administrative review.
Commissioner Plummer: I am sorry.
Mr. Maxwell: Administrative review, not a hearing.
Commissioner Plummer: It's an administrative... Well, it's an administrative... No, excuse me,
let's understand each other. It is the administrative review. If they feel it necessary that they
have not been good people, they would bring it back before this City Commission who would
have the right to take away the privilege that we extend to them. Now, if that don't fly, I tried.
Ms. Lourdes Y. Slazyk (Assistant Director/Planning Development): Would you also the
condition that they would continue to serve food during their opening hours?
Commissioner Plummer: Absolutely.
Ms. Slazyk: OK.
Mr. Perez: Yes, we proffered that. Absolutely.
Commissioner Plummer: Absolutely. And, here again, let me tell you something. As far as I
am concerned, I think the people who are here should be aware that if they are not living as good
citizens that they can call the Police Department or call our offices, and so inform our offices and
we will do what is necessary to make sure that they are fully aware that they need to be good
citizens.
Chairman Hernandez: There is a motion on the floor by Commissioner Plummer, seconded by
Commissioner Regalado. Can...? Under discussion.
Vice Chairman Teele: Mr. Chairman, is this an approval for one year or is this an approval with
conditions subject to a review at the end of the year?
Commissioner Plummer: It is subject to review which could be for withdrawal.
Chairman Hernandez: Can you call the roll call please?
Commissioner Plummer: Yes.
Commissioner Gort: No.
Vice Chairman Teele: No, sir.
Commissioner Regalado: Yes.
Chairman Hernandez: Yes.
123 January 27, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-105
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND
THEREBY GRANTING A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
PERMIT THE CURRENT PROPERTY OWNER/OPERATOR A TAVERN ZONED C-
1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1673 NORTHWEST 27 AVENUE, MIAMI, FLORIDA,
PROVIDED THE SPECIAL EXCEPTION SHALL RUN WITH THIS OPERATOR
ONLY AND WITH THE ADDITIONAL RESTRICTION OF A ONE YEAR
ADMINISTRATIVE REVIEW AND SUBJECT TO THE PROPERTY
OWNER/OPERATOR'S COMPLIANCE WITH ALL CONDITIONS
RECOMMENDED BY THE ZONING BOARD AND THE PLANNING
DEPARTMENT
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: Commissioner Wifredo Gort
Vice Chairman Arthur E. Teele, Jr.
ABSENT: None.
Chairman Hernandez: Thank you, very much.
Mr. Perez: Thank you, very much, Mr. Chairman and Commission.
Commissioner Plummer: And, just... Mr. Perez.
Mr. Perez: Yes.
Commissioner Plummer: Tell your people they are on probation.
Mr. Perez: We agree. Thank you, sir.
[NOTE FOR THE RECORD: PZ AGENDA COMMENTS]
Commissioner Plummer: Item PZ-5.
Ms. Barbara Lange: Excuse me, Mr. Chairman.
Chairman Hernandez: Yes, ma'am.
124 January 27, 1998
Ms. Lange: Commissioner Plummer was making sounds like he... the agenda was going to be
cut. If the agenda is going to be cut, I would like to know now, so I can either stay or go home.
Chairman Hernandez: No, no. That's for further... for future meetings. We have this agenda...
Commissioner Plummer: Well excuse me, Mr. Chairman.
Chairman Hernandez: We are going to try to go as long as to nine o'clock like we've said. Nine
o'clock it stops.
Commissioner Plummer: Nine o'clock. But, at nine o'clock we are "Sayonara."
Chairman Hernandez: We are going to zip... We are going to try to go through it.
Commissioner Plummer: That gives me 12 hours here, Barbara.
Chairman Hernandez: We are going to be here until nine o'clock. I am going to try to finish this
in two hours.
Commissioner Plummer: My mind cannot absorb any more than my posterior can endure.
Ms. Lange: Well, my mind is going to here, and I am just trying... Can we get a number here,
and we will say we are going to cut off, so we can go home?
Commissioner Plummer: We will give you the butcher shop special.
Ms. Lange: Which is what? What number? I want to know.
Commissioner Plummer: Nine o'clock. That's the cut off.
Ms. Lange: How about an agenda number.
Commissioner Plummer: Well, how about anywhere from five on. But, less than 35.
Ms. Lange: Am I getting anywhere?
Commissioner Plummer: No.
Commissioner Gort: No.
----------------------------------------------------------------------------------------------------------------
25. GRANT APPEAL WITH CONDITIONS OF ZONING BOARD WHICH
DENIED SPECIAL EXCEPTION TO ALLOW A VETERINARY OR ANIMAL
CLINIC -- LOCATION; 2526 S.W. 27 AVENUE -- APPLICANT; HURLER
HOLDING CORP.
--------------------------------------- ------------------------------------------------------------------------
Chairman Hernandez: OK. PZ number five. PZ-5, Hurler Holding Corporation is the applicant
and the appellant. City.
Ms. Lourdes Y. Slazyk (Assistant Director/Planning Department): Yeah. The City recommends
denial. This is for a veterinary clinic in an... The property is zoned C-1.
125 January 27, 1998
Commissioner Plummer:
Is the applicant here?
Ms. Slazyk: Yes.
Commissioner Plummer:
Is the applicant here?
Ms. Slazyk: Yes.
Chairman Hernandez: Yes, he is.
Commissioner Regalado:
Yes, he is.
Commissioner Plummer:
Oh, OK, I am sorry. Ah, excuse me, this is Mr. Gort's district. I think
you...
Commissioner Regalado:
No, it's not.
Chairman Hernandez: No.
Commissioner Gort: No it isn't. If it's my district, that would be my neighborhood, so...
Commissioner Regalado: As a matter of fact, J.L., it's your district.
Commissioner Plummer: This cannot be my district.
Commissioner Regalado: Twenty-fifth. Mine runs until 24th Terrace.
Commissioner Plummer: You know, you are right. OK, go ahead. I am sorry.
Chairman Hernandez: Sir, have you been sworn in? Yes.
Mr. Fernando Figarola: My name is Fernando Figarola, I am a veterinarian. Can you hear?
Mr. Walter J. Foeman (City Clerk): Excuse me, can I swear you in, sir?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Figarola: I do. Fernando Figarola. I am a doctor of veterinary medicine and I live in 4000
Granada Boulevard in Coral Gables.
Chairman Hernandez: Go ahead.
Commissioner Plummer: Go ahead, sir.
Mr. Figarola: Well, I am here... I am here to appeal the decision that was made before denying
application to open a veterinary clinic. And, this is not a hospital. It is a veterinary clinic that is
going to be opened only until five o'clock in the afternoon. It is not a regular clinic, no animal is
going to be boarded there. This is a spade and neuter clinic. It's a low cost. I am a retired man
that I want to dedicate the rest of my life to control the overpopulation of animals for poor
people. And, this is the reason that I am here.
126 January 27, 1998
Commissioner Regalado: So, there is not going to be any overnight animals....?
Mr. Figarola: No overnight... No overnight, no Sundays.
Chairman Hernandez: And, you are not going to be opened on weekends either?
Commissioner Plummer: No. Either.
Commissioner Regalado: Why the denial?
Ms. Slazyk: The denial was based on the fact that the building in which this is going to be
located is a residential building. Even at C-1 zoning there are other residential units on the
property and it was a compatibility issue with the veterinary clinic in the same property and in
the same building as the residential units.
Chairman Hernandez: Let me ask you this, Lourdes. Most of the tenants, now that you have
said that, in this residential building would be tenants with this gentleman, correct?
Ms. Slazyk: Yes.
Chairman Hernandez: Are they in opposition? Are they here? Is there...? Have they posed any
opposition to this vet...?
Ms. Slazyk: No, they haven't. The were at the Zoning Board and they were in favor.
Commissioner Regalado: I am sorry. You said that they were in favor?
Mr. Figarola: Mr. Chairman, may I, may I?
Chairman Hernandez: Yes, please.
Mr. Figarola: OK, I have letter of.. I have letters of all the tenants approving the clinic.
Everybody who live in the building approve the...
Chairman Hernandez: Please. Please introduce that to the Clerk as evidence so we can look at
that.
Mr. Figarola: Yes.
Chairman Hernandez: So, basically on the record, you have stated that none of the tenants in
your building are in opposition to this clinic?
Commissioner Gort: Is anyone in opposition here?
Mr. Joel Maxwell, Esq. (Interim City Attorney): No.
Chairman Hernandez: There is no one here in opposition.
Commissioner Gort: I am going to make a motion.
Commissioner Plummer: I'll, I'll...
Mr. Maxwell: Ah, Mister...
127 January 27, 1998
Commissioner Gort: Make it.
Chairman Hernandez: Yes.
Mr. Maxwell: L.
Commissioner Plummer: I am ready to make a motion. I...
Chairman Hernandez: Hold on, hold on.
Commissioner Plummer: Hold on for what?
Chairman Hernandez: Mr. Maxwell.
Mr. Maxwell: Mr. Chairman, I must just remind you that none of your decisions should be
based on the fact that the tenants in the building are not in opposition to it. And, in this
particular case you have on record of your planning...
Commissioner Plummer: It has nothing to do with my motion.
Mr. Maxwell: ... your professional Planning Department that oppose it. So, you actually have
no record that... from competent experts that would support your decision you are about to take.
Chairman Hernandez: Right. OK.
Commissioner Plummer: My motion is, like all the rest of the Special Exceptions, be granted for
a period of one year. At such time, at the end of the year, there will be an administrative hearing.
If found to be anything in violation, it will be forced to bring back before this City Commission
for the purposes of possibly revocation of the granting permission.
Commissioner Regalado: Second.
Mr. Maxwell: So, this will be reversing the decision of the Zoning Board and granting the
Special Exception?
Commissioner Plummer: That's correct, sir.
Ms. Slazyk: I would ask that if you are going to move for approval, that you include the two
proffered conditions.
Commissioner Plummer: And what were they?
Ms. Slazyk: That no overnight stay of animals, and they are only Monday through Friday, nine
to five.
Commissioner Plummer: And, not to exceed five o'clock in the afternoon, that was his proffer.
Mr. Figarola: Excuse me, sir. It could be Saturday, you told me Saturday. It was OK on
Saturday. It's in the morning.
Commissioner Plummer: Well, I don't think anything wrong with Saturday.
Commissioner Gort: Saturday is included.
128 January 27, 1998
Ms. Slazyk: Right. Saturday...
Commissioner Plummer: I think Saturday should be fine.
Commissioner Gort: Because a lot of people work from nine to five.
Mr. Fiarola: The reason, because many people who work during the week, the only day they
have, for example, to bring their animal to be spade or neutered would be Saturday.
Commissioner Plummer: I have no problem with Saturday, sir.
Chairman Hernandez: We have a motion with conditions by Commissioner Plummer and
seconded by Commissioner Regalado. All those in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: No "nays." Item PZ...
Vice Chairman Teele: No.
Chairman Hernandez: No? Commissioner... Vice Chairman Teele has voted "no" so it's four to
one.
Mr. Figarola: Thank you, very much, sir.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-106
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD
THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL,
CONDITIONAL PRINCIPAL USES, TO PERMIT A VETERINARY OR ANIMAL
CLINIC, FOR THE PROPERTY LOCATED AT 2526 SOUTHWEST 27 AVENUE,
MIAMI, FLORIDA, WITH THE FOLLOWING CONDITIONS (1) THE CLINIC WILL
NOT ALLOW OVERNIGHT STAY OF ANIMALS AND (2) THE CLINIC SHALL
OPERATE BETWEEN THE HOURS OF 9:00 A.M. AND 5:00 P.M. MONDAY
THROUGH FRIDAY ONLY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: Vice Chairman Arthur E. Teele, Jr.
ABSENT: None.
129 January 27, 1998
---------------------------------------------------------------------------------------------------------------
26. CONTINUE TO PLANNING AND ZONING MEETING OF MARCH 24, 1998,
CONSIDERATION OF PZ-6 (APPEAL OF ZONING BOARD DECISION
DENYING APPEAL OF DENIAL OF CLASS I SPECIAL PERMIT ON
OCTOBER 31, 1997 TO ALLOW DANCE HALL - LOCATION: 6102-04 N.W.
7 AVENUE -- APPLICANT; HENRY KENDRICK).
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item PZ-6. Applicant Henry Kendrick. Appellants Henry Kendrick and
Harry Anderson.
Mr. Juan Gonzalez (Acting Zoning Administrator/Building and Zoning Department): PZ-6 is an
appeal...
Commissioner Plummer: Who is doing the appeal?
Mr. Gonzalez: The appellant. The applicant.
Commissioner Plummer: OK.
Mr. Gonzalez: PZ-6 is an appeal to a Class I -Special Permit for a dance hall. It's a special class
permit. This particular use is allowing in the actual zoning district... but under what's called a
permissible permit, which is a Class I- Special Permit. The Class I - Special Permit was referred
to the proper NET (Neighborhood Enhancement Team) office which is the Model City NET
Office. It came back with the recommendation of denial. Basically, there was a
recommendation of denial by the Police Department stating that several facts that they were
recommending denial basis on. We had a meeting with the applicant, Mr. Kendricks and the
NET Administrator. We worked out certain conditions, except we could not agree on a security
plan. Basically, I think the problem was...
Chairman Hernandez: Yeah. But, Juan...
Mr. Gonzalez: Uh-huh.
Chairman Hernandez: ... if I may interrupt and cut to the chase on this? Mr. Kendrick and Mr.
Anderson, I spoke to the Police Chief this morning, on this issue. Is it possible for you to meet
with the Police Department. I know that supposedly they refused to meet.
Vice Chairman Teele: Several times.
Chairman Hernandez: I have spoken to the Police Chief. He has told me that he is more than
willing to meet with your group. One of his delegates from the... Captain Longueira is shaking
his head. If you meet with them and come up with some type of security program, so we can
visit this item. Is that fine with you?
Mr. Henry Kendrick: That's fine.
Chairman Hernandez: Is that fine with you, Captain? OK.
Vice Chairman Teele: Mr. Chairman.
130 January 27, 1998
Chairman Hernandez: Yes, Vice Chairman Teele.
Vice Chairman Teele: I really, with all due respect to the Police Department. I really would like
to hear from the NET Administrator. She has been here for the entire day, and I am much... I
am very sensitive to the Police, but I really am a little bit more sensitive in this case to the NET
because they are the people that have the total bundle of responsibilities.
Chairman Hernandez: No problem.
Ms. Karen Cooper (NET Administrator/Model City Service Center): When Mr. Kendrick
applied for his Class I permit, he... I immediately started receiving numerous phone calls from
residents in the area who had previously been affected by another dance hall that was located on
the south corner from this proposed site. They are strongly, strongly, strongly against it because
of the repercussions from the previous dance hall. I have here, Ms. Alberta Jenkins, and I think
it would be unfair if we did not let her speak. She lives right behind this proposed dance hall,
and she has been in contact with some of the other business owners and she is pretty much an
activist in the area, and they have also called her... to have them to represent her as well.
Ms. Alberta Jenkins: Good afternoon, Commissioner, our new...
Chairman Hernandez: Name and address for the record, Ms. Jenkins.
Ms. Jenkins: Oh, I am sorry. Please forgive me. I am tired sitting of it. My name is Alberta
Jenkins, I live at 749...
Mr. Walter J. Foeman (City Clerk): Mr. Chairman, excuse me. Can I swear them in, please?
Chairman Hernandez: Sure.
Mr. Foeman: Can I have everyone who is going to speak on the item?
Ms. Jenkins: I was sworn in earlier.
Mr. Foeman: Everyone who is going to speak on the issue can I...
Chairman Hernandez: Yes, she's... Have you been sworn in already? Yeah, they were here
before.
Mr. Foeman: On this issue?
Chairman Hernandez: Yes. Oh, on this issue? I thought we swore everyone at one time?
Mr. Foeman: No.
Chairman Hernandez: That's why asked. Can we swear you in again? I am sorry, ma'am.
Ms. Jenkins: Oh, sure, no problem. OK, OK.
Vice Chairman Teele: Lieutenant, could you stand up and be sworn also, please?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
131 January 27, 1998
Ms. Jenkins: I do. My name is Alberta Jenkins. I reside at 749 Northwest 61st Street. I also
run that building. I am a Resident Manager. I am first to state that I am not the enemy against
Mr. Kendrick. All I am saying, it is not zoned for that particular business. I went through the
detrimental of seeing a young man die at my hedge, before from the other disco type place, and I
have taken the time to measure whether this hall.. this dance hall disco would like to be located.
It was approximately four or maybe three and a half compact cars beneath my tenants window.
There is no way that he can get enough security to protect that type of business. And, first of all,
I would like to have this... have someone give this to the Clerk that they could pass this around.
This is my Exhibit A, B and C. Please take that to the Clerk, so they could pass it along, please?
And, that particular exhibit there that I want... when I was here December with the Zoning
Board. I had proof... First of all, I don't know if people are aware of the organization called
"Weed and Seed." I am affiliated with it, and we were lucky enough to be in that area which is
only two blocks away from this dance hall to have a state of the art training in computer
technology. First time in the United States in the inner City. And, I am working closely with
that. I also have arranged for them to have a training for senior citizens. I prefer to call them
"seasoned citizens." Because you change... you like to make them senile, and they are not.
They have much to offer. There will be evening shifts and night shifts for them also. And, if
you look at the exhibits that I post before the Commission, I ask you as a humanitarian to make a
decision that is not zoned for that. I don't have no opposition with entrepreneurship, especially
between the Afro-American Black and the minorities, but it is not zoned for it. And, the noise,
and just like it was heard in other cases, it would also be detrimental to our new Mayor. This
position of cleaning up the City, I am very proud to welcome 7th Avenue, 61st, 62nd, not with
the people sleeping at night. But, with that kind of business, I have experienced before, broken
glass, broken bottles, used condoms and too numerous things to mention. But, I am sure if you
were to check the evidence that I brought in, of all the money that's put in that corner. Then, we
also have, I have to tell you, that a lot of people did not know. We would have a pro bono
lawyer that would be located at 6161 Ninth Avenue to help the WAGES (Work and Gains
Economic Self -Sufficiency)... Welfare to WAGES young women that have a time... All that's
going to be located right on the corner from there. And, I plead to you from a humanitarian
reason, think about that.
Chairman Hernandez: Thank you, Ms. Jenkins.
Mr. Samuel Mason: Mr. Chairman, Vice Chairman, distinguished Commissioners, our Manager.
My name is Samuel Mason. I have worked in the Liberty City Mall area for 18 years. I know
the pulse of the people, I understand this particular project. It would be criminal to bring this
kind of entertainment into that area. It would destroy the neighborhood. It would destroy the
name of Dr. King. It would destroy what we have been working on down through the years to
bring the harmony into the community. We are destroying that. We have worked very closely
with the Police Department around there, and this is one of the kinds of things we have had. Had
this deal before, and it didn't work. And, we are saying now, we are trying to straighten up our
neighborhood. I recommend these young men in their entrepreneur spirit, but they have to find
them another place. This is not accepted to the community. The community asked me to come
here and speak. I have been here since ten o'clock this morning waiting for this item to come
up, and this what I am saying, it wouldn't be in the best interest of that community. It wouldn't
be in the best interest of the City of Miami to let this exist. Thank you, very kindly.
[APPLAUSE]
Vice Chairman Teele: Mr. Chairman.
Chairman Hernandez: Yes, Vice Chairman Teele.
Vice Chairman Teele: You have raised the issue. Obviously, this matter comes to us for... with
a recommendation to deny. On the other hand, the applicant has not been able to get a fair
132 January 27, 1998
hearing, I believe from the Police Department for... for whatever reason. And, I can't... I don't
want to comment one way or the other except... The Chairman has indicated that the Chief has
indicated a willingness to meet with them. I assume that the NET Office, the NET Lieutenant
has not met with them either, or you have or you haven't, Lieutenant?
Chairman Hernandez: No.
Vice Chairman Teele: And, I just think in fairness that you should be afforded the opportunity to
meet with the police. Now, Mr. Chairman, I think it's fair to say that there is an abundance of
evidence on the record as a reason to deny. And, unless we can get a favorable recommendation
from the police as it relates to the safety and how your plan would work, I think you are going to
have a very difficult time overcoming an objection from the NET Office and the Police
Department in that regard. But, out of courtesy and out of due process, and I apologize for the
citizens that have been here all day, I would move to defer and afford the applicant an
opportunity to meet with the Chief.
Mr. Kendrick: Would it be fair to... this resident to speak also, who lives directly across the
street? We heard their side, at least... If you don't hear us...
Vice Chairman Teele: It there is a resident that is here, yeah, we would certainly...
Mr. Kendrick: Yeah, this is a resident.
Mr. Jeffrey Everett: Yes, I am.
Mr. Kendrick: This is a resident. This is a resident.
Mr. Everett: OK. All right. My name is Jeffrey Everett. I am 736 Northwest 61st Street, right
across the street. As a matter of fact, I can talk to him from across the street. OK, I am here to...
the community... I have all kind of signatures and signed statements that they want the club
there. Peoples there sometimes don't live in that community and not only that, I am sick, I have
heart trouble, lung trouble. Yeah, I am on a machine at six o'clock, after I leave here, get on that
machine. But, that don't stop me from not coming and testify to something that I want to
happen. I want to stop people that cause our teenagers. The teenagers here in Miami don't have
nowhere to go. Where are they going, in the streets? To shoot dice bang, bang and get arrested?
Let them go in the club to enjoy themself, have fun. You know, they have to do something.
They have got to do something. Are there any questions?
Chairman Hernandez: Is that it, sir? OK, next neighbor.
Commissioner Plummer: Excuse me, is there a motion on the floor to defer?
Chairman Hernandez: There is... No, they wanted the opportunity to...
Vice Chairman Teele: I wanted the people that have been here all morning that live... other than
the applicant, but the residents that live in the area, I think they ought to be able to build the
record, because they may not be able to come back the other time. And, I am keenly aware
that...
Commissioner Plummer: OK. No, I thought there was a motion on the floor.
Vice Chairman Teele: ... the matter... I am going to recommend out of fairness at the request of
the Chairman who said that he's talked to the Police Chief and there will be a meeting
forthcoming. I am just sort of hard pressed to understand why the Police wouldn't meet with
anyone that's law abiding. But, in any event...
133 January 27, 1998
Mr. Kevin Blackman: We sent several letters. It's in the application.
Chairman Hernandez: Go ahead.
Mr. Blackman: My name is Kevin Blackman. I live at 1160 Northwest 58th Street. I am a
volunteer serviceman at Martin Luther King Economic Development Corp., a treasurer for the
Board. I applaud Henry Kendricks and his associates for getting involved in revitalizing the
Model City/Liberty City area. I understand that clubs previously have created problems, but I
cannot and I asked the board not to add problems created by those clubs on to these individuals
in their pursuit of developing a business and revitalizing the Liberty City area. There is no
business coming into the Liberty City area on 62nd Street and 7th Avenue. It is totally empty. It
has nothing going on. The neighborhoods have been run ragged for years. It is not the
businesses that come there that run it ragged, it's been that way for 30 years, since the day I was
born. I have been living in Liberty City from... since I was born, attending all the... Miami
North... graduating from Miami North Western, and this community has looked exactly as it has
looked since I was first born, and brought to Liberty City by my mother and father. Any attempt
to have a business established in the Model City area, be it that they start off at a primitive level
and the business is very small to some extent, it's still a Black business and a Black entrepreneur
trying to develop himself and develop a business that is reputable, and I think we should give
these individuals a chance to prove themselves and to at least break the norm that previous
businessowners have done in our community.
Chairman Hernandez: Thank you, sir.
Mr. Robert Smiley: Good afternoon, Commissioners. My name is Robert Smiley. I previously
operated the...
Vice Chairman Teele: What's your name and address again?
Mr. Smiley: Robert Smiley, 930 Northwest 29th Terrace.
Vice Chairman Teele: But, you are not in the area.
Mr. Smiley: Well, I am in the area. I operate a business across the street, you know, which they
were talking about...
Vice Chairman Teele: Twenty-ninth Terrace is a long way from 62nd Street.
Mr. Smiley: It is. I am here in favor of them. And, like I said, I operated a previous disco there.
The problem that we have had and that we faced there was, you know, not enough police
protection. We have constantly asked for police protection, just like he is doing now. And, I
think the police are the only one that are opposing this, and everybody else in the community... I
went around, I had about 127 signatures from different neighbors that's for it. The only one
that's not working with us, as young people to develop things within that area, is the police.
And, we are not doing this just for us, we are doing this for the kids.
Vice Chairman Teele: Well, I... You are free to say what you want to say. But, I don't think it's
fair, and I think the Chairman has been extraordinarily courteous in ensuring that you do get a
meeting, and I commend the Chairman. Let me ask you a question. What was the name of the
business that you operated?
Mr. Smiley: I operated the Calver Theater.
134 January 27, 1998
Vice Chairman Teele: And, where was that located?
Mr. Smiley: And, it's right across the street. It's called the Calver Cultural Center. And, what
we do is activities for young people.
Vice Chairman Teele: And, that's the only other business you have operated?
Mr. Smiley: No, I operated a gym. I am a gym owner. I am also a professional wrestler, and I,
you know, do things for the community, not only here, but across the seas, in the Bahamas, in
Haiti and in different countries.
Chairman Hernandez: OK, we are going to defer this item. And, Ms. Jenkins, you can have a
rebuttal. Really, just give me two minutes, please?
Ms. Jenkins: OK, OK. First of all, Mr. Jeffrey that lives across the street, I have a witness that
he was the one taking petition using my status and I OKed it. They would be willing to come
forward. They signed it and they said they didn't know. They said he told them "I would like it,
if Alberta Jenkins likes it, it is good." And, then she found out, and she came and totally
confessed to me, she did not know, did not want it, because the young boy got shot in front of
their door. And, I think that is misrepresentation and I was also told... someone said that Mr.
Kendricks took me to lunch, and I disagree. I have never been to lunch with him in my life. I
have got a witness to that. And, I don't have an agitation about his business. I say, just for
humanitarian reasons, you would not like to live and sleep with three or four little short cars with
noise in your window. That's all I am saying.
Vice Chairman Teele: Mr. Chairman.
Ms. Jenkins: It's not zoned. Thank you.
Vice Chairman Teele: Mr. Chairman, I am going to move to defer this to allow the applicant...
afford the applicant an opportunity to meet with the police, and hopefully the applicant would
get a better appreciation for our outstanding Police Department that we have here. And, I am
sure there has just been a mistake in communication.
Chairman Hernandez: We have a motion to defer by Vice Chairman Teele.
Mr. Garcia -Pedrosa: Mr. Chairman, I wonder if the Vice Chairman might consider if we
continue to a date certain, we don't have to incur the expense of readvertising. I am not sure
that's what you have in mind, but...
Chairman Hernandez: I think...
Vice Chairman Teele: Yeah. First, what's the first meeting in March?
Commissioner Gort: March 24th. [phonetic]
Chairman Hernandez: March loth.
Vice Chairman Teele: March loth?
Mr. Garcia -Pedrosa: Well, that's the non...
Chairman Hernandez: Well, the next P&Z item. When is the next P&Z item? When is the next
P&Z meeting? March 24th.
135 January 27, 1998
Commissioner Gort: What's wrong with February 24th?
Chairman Hernandez: There is no other.
Commissioner Regalado: Willy, we got the fire tee in February.
Vice Chairman Teele: I really don't want to get anything in February. March 24th is...
Unidentified Speaker: OK.
Chairman Hernandez: March 24th.
Mr. Garcia -Pedrosa: At two o'clock.
Vice Chairman Teele: At two o'clock.
Chairman Hernandez: We have a motion by Vice Chairman Teele.
Commissioner Gort: Two o'clock?
Commissioner Regalado: Second.
Chairman Hernandez: Second by Commissioner Regalado.
Vice Chairman Teele: There will be no additional notice, but I think everybody needs to be on
notice that it will come back at that time.
Chairman Hernandez: All those in favor, say "aye."
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-107
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-6 (APPEAL
IN CONNECTION WITH PROPOSED DANCE HALL AT 6102-04 N.W. 7 AVENUE)
TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR MARCH 24,
1998 AT 2 P.M.; FURTHER REQUESTING THE APPLICANT TO MEET WITH
REPRESENTATIVE OF POLICE DEPARTMENT.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mr. Kendrick: Thank you, gentlemen.
136 January 27, 1998
---------- -----------------------------------------------------------------------------------------------------
27. GRANT APPEAL OF ZONING BOARD DECISION WHICH DENIED
VARIANCE TO PERMIT RECREATION ROOM WITH SIDE SETBACK OF
O'-O" -- LOCATION 54 N.W. 56 COURT -- APPLICANT: RANDALL WISE --
FURTHER DIRECT ADMINISTRATION TO WORK WITH RAFAEL
RODRIGUEZ ON SIMILAR PROBLEM TO ENSURE PARITY OF
TREATMENT.
Chairman Hernandez: We move on to PZ-7. Applicant Randall Wise. Appellant Randall Wise.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): OK, PZ is an appeal of a variance
that was denied by the Zoning Board. The Department also recommended denial due to the fact
that there was no hardship to justify the requested variance.
Chairman Hernandez: Mr. Wise.
Mr. Randall Wise: I'm Randall Wise, the owner of 54 Northwest 56th Court.
Mr. Walter J. Foeman (City Clerk): Excuse me, I have to swear you in, sir.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Randall: I do. As the owner of 54 Northwest 56th Court, I think it's important to give a
little history. The property was built in 1940. The existing structures that are on this property
are grandfathered in. My family purchased the property in the middle 50's, and has since
maintained that either by myself purchasing it from the family ten years ago. I have made
numerous improvements on the property. The property also has a structure on it, and I am here
for a variance. It straddles the property line on the north side. I am here as a result of being
denied.
Chairman Hernandez: Sir, if we may interrupt for a minute? Are there any opponents to the
appeal by Mr. Wise?
Commissioner Regalado: There was, Mr. Chairman, there was. I knew that there was a
neighbor.
Commissioner Gort: There are a couple of people over here. I got some questions.
Commissioner Plummer: Whose district is it?
Commissioner Gort: Mine.
Commissioner Regalado: No.
Chairman Hernandez: It's Commissioner Regalado's district.
Commissioner Gort: That's yours, that's right.
137 January 27, 1998
Commissioner Plummer: Well, make a motion.
Chairman Hernandez: Flagler and 56th.
Commissioner Gort: Sorry about that.
Commissioner Regalado: OK, here's the... We have... Mr. Chairman, we have a special
situation here because the City Commission of the City of Miami gave this gentleman several
years ago a special exception, a special permit, or whatever...
Commissioner Gort: A variance.
Chairman Hernandez: No, we approved the variance, the same thing he is asking for, we
approved for him in '92.
Commissioner Regalado: Yeah. Well, we didn't.
Chairman Hernandez: No, we didn't. We weren't here, but somebody else did. Plummer did.
Commissioner Plummer: All right, guys knock it off.
Chairman Hernandez: Plummer did.
Commissioner Regalado: Plummer did. But, so it would be unfair if we were to deny. But, at
the same time, the City inspectors are telling this man that he has to destroy part of his property,
even though he had this resolution back of '92.
Chairman Hernandez: I have a copy of the resolution in front of me, and I don't see why a City
inspector would be talking to this gentleman to demolish any piece of property in his boundary
line because he was granted...
Commissioner Regalado: Well, they have.
Commissioner Plummer: Well, unless it's in opposition to the resolution.
Chairman Hernandez: Well, it's...
Mr. Wise: I would like to state the resolution.
Commissioner Plummer: Sir, we are not talking about you right now. Hold on.
Chairman Hernandez: Hold on, one second.
Commissioner Plummer: Quit while you are ahead.
Chairman Hernandez: Why? Why would they... do you know? Is there... the NET
(Neighborhood Enhancement Team) Administrator here, or the NET Inspector here?
Commissioner Regalado: The NET Inspector is not here, nor the administrator, but he has been
visited by several inspectors and...
Commissioner Plummer: Excuse me. Mr. Chairman.
Commissioner Regalado: ... as a matter of fact, if I may? There was a situation, and the bottom
line that we should not go in a glance of what happened and what he was told, he said, the other
138 January 27, 1998
said or she said, he said. The bottom line is that if we were to do something, approve this
variance to this gentleman, we are going to have to do the same for this gentleman. Now, my
question is, whether he has to go through the whole process because ...
Chairman Hernandez: Right.
Commissioner Regalado: ... he has spent a lot of money...
Chairman Hernandez: Absolutely.
Commissioner Regalado: ... in doing so.
Chairman Hernandez: That's... The question is, Lourdes, to us it seems from what I have in
front of me that he obviously was approved the variance.
Ms. Slazyk: Right, he was... That a variance was approved. There are only two possible
reasons why we would have asked that he demolish something even though he got a resolution
approving it. One, if there was an encroachment over the property line that you can't grant a
variance for because it's someone else's property.
Chairman Hernandez: Right.
Ms. Slazyk: If he encroached on the line. Or, number two, that he didn't pull the building
permit in the specified amount of time and it expired, and then he would have to go through it all
over again or demolish. One of the two is the only way we would ask him to demolish.
Commissioner Regalado: Excuse me. I know that history because he has gone to my office
several times, and there was a miscommunication several years ago, and I can tell you that he
has the paper to prove it. And, he was never advised, he tried to contact, nobody contacted him,
and there was a very bad communication between the City and himself. And, as a matter of fact,
he was told at that time that the situation had been resolved, that the City Commission had
already resolved his situation. So, you know, I think that we need to consider...
Chairman Hernandez: Is this case...? He does not have an active case at issue.
Commissioner Regalado: He does have an active case now.
Chairman Hernandez: He has an open Code Enforcement case?
Commissioner Regalado: Yeah, he does.
Commissioner Gort: So does this case.
Commissioner Plummer: Well, you know, I think we are talking out of both sides of our mouth
here. I think this gentleman's problem is his problem, and the one here, if he's living within the
resolution there is no problem.
Chairman Hernandez: Exactly.
Commissioner Regalado: No, but it's same problem.
Commissioner Plummer: What I am saying to you is, is if we approve his resolution...
Chairman Hernandez: Right.
139 January 27, 1998
Commissioner Plummer: ... which is the same problem, and he lives within what we approve,
he's got no problem. And, if this gentleman lives within what we approved, he's got no
problem. If he's outside of the resolution that this Commission approved in '92, then he's got a
problem. So, I think this is two separate issues. They might be similar, but if they are living
within what we approved, I don't know what the hell we are arguing about.
Chairman Hernandez: The... that's what I... Well, my point is, is the issue at hand here is
something that was approved, the same type of hardships that were approved for this gentleman
is what Commissioner Regalado is saying should be approved for him. However, now is he
living outside of the resolution, I can't speak to that.
Commissioner Plummer: Make a motion.
Commissioner Regalado: I don't... Mr. Avila used to be in that, but I don't know...
Mr. Jose Garcia -Pedrosa: Let me just...
Commissioner Regalado: ... if he knows that case.
Mr. Garcia -Pedrosa: Mr. Chairman, let me make a suggestion that you allow us to look into this
gentleman's problem.
Chairman Hernandez: Right.
Mr. Garcia -Pedrosa: If we can resolve that, it's either inside or outside...
Commissioner Plummer: Absolutely.
Mr. Garcia -Pedrosa: ... and that should really...
Commissioner Plummer: And, let's deal with this one as what it is, the applicant before us.
Chairman Hernandez: Yeah.
Commissioner Regalado: Yeah, but Mr. Manager, what... what you know would be unfair
would be to go back to him and say, well, you got to get a lawyer and five thousand dollars
($5,000) because you need a new variance.
Mr. Garcia -Pedrosa: We will look at that right now. On your instruction, we will look at that
issue right now without his having to do anything, and we will be back in touch with him and let
you know as well what the outcome was.
Chairman Hernandez: Teresita, can you please translate to him what we have just said, so he
understands what he's saying about his matter, even though it's not before us right now?
Ms. Tereista Fernandez (Chief/Hearing Boards): [COMMENTS IN SPANISH]
Commissioner Regalado: No, no. [COMMENTS IN SPANISH]
Mr. Garcia -Pedrosa: [COMMENTS IN SPANISH]
Mr. Rafael Rodriguez: [COMMENTS IN SPANISH]
140 January 27, 1998
Commissioner Gort: You better translate.
Chairman Hernandez: [COMMENTS IN SPANISH]
Commissioner Plummer: Wow, wow, wow.
Chairman Hernandez: I am sorry. Let me...
Commissioner Plummer: I understand one thing he said.
Chairman Hernandez: I am just telling him to...
Commissioner Plummer: And, I want to know... I don't waive consecutive translation.
Commissioner Gort: He said, it all your fault.
Chairman Hernandez: He said it was your... You passed it, and it was your fault.
Commissioner Plummer: "Oye, Oye." Translate.
Mr. Garcia -Pedrosa: He said Plummer led me astray.
Commissioner Plummer: Well, I am consistent.
Mr. Garcia -Pedrosa: No, he said he has complied with all of the things that you had required of
him.
Commissioner Plummer: All right. Again, this is a separate issue and to deal with this matter
before us is out of order, Mr. Chairman.
Chairman Hernandez: Teresita, all I am asking you at this point in time, we have this issue that
seems to be resolved. All I am asking is...
Commissioner Plummer: Seven up or down.
Chairman Hernandez: ... ask him, tell him that the City Manager's Office is going to through
their department.
Commissioner Plummer: And, if they don't resolve it, then come back as a discussion item.
Ms. Fernandez: [COMMENTS IN SPANISH]
Chairman Hernandez: And, they will come back to us, we are willing to help them out. Is there
a motion?
Commissioner Regalado: You know, Mr. Wise has... he has, I believe some code violations and
some illegal construction, right?
Commissioner Plummer: That's why he's here.
Chairman Hernandez: OK. Well, the code violations are stemming from the variance he's
trying to apply for.
Commissioner Regalado: So, Mr. Chairman, I don't have any problem at all...
141 January 27, 1998
Commissioner Plummer: Good, I second the motion. Let's go.
Chairman Hernandez: No, wait. Let's hear it.
Commissioner Regalado: No, no. But, what I am saying is, what we don't need is for the
administration to come back and say to that man...
Chairman Hernandez: Absolutely.
Commissioner Regalado: ... you know, what you have is wrong. And, then he is going to say,
well, you know, you did for this guy what you didn't do for me. That's my only problem.
Commissioner Plummer: Are you moving item seven?
Commissioner Regalado: Go ahead.
Commissioner Plummer: Are you moving it?
Commissioner Regalado: Yeah.
Chairman Hernandez: There is motion by Commissioner Regalado and a second by
Commissioner Plummer. The conditions have been stated, the bottom line is, the Manager is
going to take care of this gentleman and see what the problem is to make sure...
Commissioner Plummer: Call the roll.
Chairman Hernandez: Let's call the roll. We have a motion, a second. All those in favor?
The Commission (Collectively): Aye.
Mr. Joel Maxwell, Esq. (Interim City Attorney): I am sorry. Mr. Chairman, the motion is to do
what?
Chairman Hernandez: The motion is to approve the appeal by Mr. Wise.
Commissioner Regalado: Right.
Commissioner Plummer: Correct.
Commissioner Regalado: And, and work...
Chairman Hernandez: And work with this gentleman to...
Commissioner Regalado: ... with the gentleman who seems to have the same problems that Mr.
Wise has, and work with him in order to maybe give him the same benefits that Mr. Wise is
getting at this time.
Mr. Garcia -Pedrosa: I think you are instructing us to treat them both alike.
Commissioner Regalado: Absolutely.
Chairman Hernandez: Right, correctly. There is a motion on the floor, there is a second by
Commissioner Plummer.
142 January 27, 1998
Commissioner Plummer: You already called the roll.
Chairman Hernandez: All those in favor say "aye."
Commissioner Plummer: For the second time, I said "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-108
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND
GRANTING A VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORID& ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-2 TWO-FAMILY RESIDENTIAL TO PERMIT A RECREATION
ROOM WITH A SIDE SETBACK OF 0' - 0" (5' 0" REQUIRED), FOR THE
PROPERTY LOCATED AT 54 NORTHWEST 56 COURT, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Chairman Hernandez: I guess it's 4/0...
Commissioner Plummer: "Venga." [phonetic]
Chairman Hernandez: ... because Commissioner Gort is not here. Thank you, very much, sir.
Mr. Wise: Thank you.
143 January 27, 1998
-------------------- -------------------------------------------------------------------------------------------
28. SECOND READING ORDINANCE: AMEND ORDINANCE 10544 FROM
DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL -- CHANGE
FUTURE LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD
PLAN -- LOCATION: 2301 N.W. 12 AVENUE, 1170, 1182 & 1192 N.W. 24
STREET -- APPLICANT: TRUJILLO & SONS, INC.
--------------------------------------- -----------------------------------------------------------------------
Commissioner Plummer: Item ten.
Chairman Hernandez: Item eight.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Development): PZ's ten and eleven...
Chairman Hernandez: No, we did eight.
Ms. Slazyk: ... are companion second reading items.
Commissioner Plummer: What item are we on?
Chairman Hernandez: No, we did eight already.
Ms. Slazyk: We did eight and nine earlier. So...
Chairman Hernandez: We did eight and nine.
Commissioner Plummer: So, we are on ten.
Ms. Slazyk: We are on ten.
Commissioner Plummer: That's what I said.
Ms. Slazyk: PZ's ten and eleven are companion second reading land use and zoning changes.
Commissioner Plummer: Is there any objectors here on ten and eleven. Are there any objectors
on ten and eleven?
Chairman Hernandez: Do I hear a motion on the floor?
Commissioner Plummer: Whose district is this?
Commissioner Regalado: Willy.
Chairman Hernandez: Willy Gort. Willy, Trujillo & Sons, Inc.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Chairman Hernandez: There is a motion by Commissioner Gort, second by Commissioner
Plummer. All those in favor say "aye."
144 January 27, 1998
The Commission (Collectively): Aye.
Mr. Walter J. Foeman (City Clerk): It's an ordinance.
Mr. Joel Maxwell (Interim City Attorney): This is an ordinance.
Chairman Hernandez: It's an ordinance. Read the ordinance please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2301
NORTHWEST 12TH AVENUE AND 1170-1182 AND 1192 NORTHWEST 24TH
STREET, FROM DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of December 9, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11596.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
145 January 27, 1998
----------------------------------------------------------------------------------------------------------------
29. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 FROM R-
2 TWO-FAMILY RESIDENTIAL AND SD-12 BUFFER OVERLAY
DISTRICT TO C-2 LIBERAL COMMERCIAL TO CHANGE ZONING
ATLAS -- LOCATION; 2301 N.W. 12 AVENUE, 1170, 1182 & 1192 N.W. 24
STREET -- APPLICANT: TRUJILLO & SONS, INC.
Commissioner Plummer: Move 11.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Chairman Hernandez: We have got a motion and a second. Read the ordinance, please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Commissioner Plummer: Call the roll.
Chairman Hernandez: Call the roll, please.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND PAGE NO. 34 OF
THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL WITH SD-
12 BUFFER OVERLAY DISTRICT, TO C-2 LIBERAL COMMERCIAL DISTRICT
FOR THE PROPERTY LOCATED AT APPROXIMATELY 2301 NORTHWEST
12TH AVENUE, 1170, 1182, AND 1192 NORTHWEST 24TH STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of December 9, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11597.
146 January 27, 1998
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
30. SECOND READING ORDINANCE: AMEND ORDINANCE 10544 FROM
SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL TO
CHANGE FUTURE LAND USE ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN -- LOCATION: 2272 S.W. 7 STREET --
APPLICANT: HECTOR & MARIA LEONOR MORALES-GEORGE.
----------------------------------- ----------------------------------------------------------------------------
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): PZ's 12 and 13 are also
companion second reading.
Commissioner Plummer: Are there any objectors? Are there any objectors on 12 and 13?
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Commissioner Gort: This is second reading to show there was no objection.
Commissioner Plummer: Read the ordinance.
Chairman Hernandez: This is my district.
Commissioner Plummer: Oh. Well, why were you so quiet so long?
Commissioner Gort: On behalf of the Chairman, I make the motion.
Commissioner Plummer: Yeah.
Chairman Hernandez: There is a motion and a second. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Roll call, please.
147 January 27, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2272
SOUTHWEST 7TH STREET 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.
passed on its first reading, by title, at the meeting of December 9, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11598.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
31. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 FROM R-
1 SINGLE FAMILY RESIDENTIAL AND SD-12 BUFFER OVERLAY
DISTRICT TO C-1 RESTRICTED COMMERCIAL TO CHANGE ZONING
ATLAS -- LOCATION: 2272 S.W. 7 STREET -- APPLICANT: HECTOR &
MARIA LEONOR MORALES-GEORGE.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 14.
Commissioner Plummer: What about 13?
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): Thirteen is a companion.
Chairman Hernandez: Thirteen is companion.
Commissioner Gort: Companion.
Commissioner Plummer: What does the Chairman wish to do in his district on 13?
148 January 27, 1998
Chairman Hernandez: You got the appropriate motion.
Commissioner Plummer: What was the motion?
Commissioner Gort: Approved.
Chairman Hernandez: Move.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Chairman Hernandez: We have got a motion and a second.
Commissioner Plummer: For the record, let the record reflect no one came forth to object or
speak on 12 or 13, except the attorney, and we are not sure of her name.
Chairman Hernandez: Easy money.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF AND PAGE NO. 34
OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION FROM SD-12 BUFFER OVERLAY DISTRICT
AND R-1 SINGLE-FAMILY RESIDENTIAL TO C-1, RESTRICTED COMMERCIAL
FOR THE PROPERTY LOCATED AT APPROXIMATELY 2272 SOUTHWEST 7TH
STREET, MIAMI, FLORIDA.
passed on its first reading, by title, at the meeting of December 9, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11599.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
149 January 27, 1998
----------------------------------------------------------------------------------------------------------
32. SECOND READING ORDINANCE: AMEND ORDINANCE 10544 FROM
RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL TO CHANGE
FUTURE LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD
PLAN -- LOCATION: 3625 N.E. 2 AVENUE -- APPLICANT: PLANNING
AND DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: PZ-15.
Unidentified Speaker: Thank you, gentlemen.
Commissioner Plummer: What about 14?
Commissioner Gort: Fourteen.
Chairman Hernandez: Fourteen.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): Fourteen and fifteen are also
companion second reading.
Commissioner Plummer: Is the applicant here?
Ms. Slazyk: We are applying on behalf of the property owner since it was an error in the map
correcting.
Commissioner Plummer: Move it for approval.
Commissioner Gort: Second.
Chairman Hernandez: Moved. We have a motion and a second by Commissioner Gort. Can
you read the ordinance please?
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE RECORD.]
Chairman Hernandez: Roll call.
150 January 27, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3625
NORTHEAST 2ND AVENUE, FROM RESTRICTED COMMERCIAL TO GENERAL
COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of December 9, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11600.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
33. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 FROM
PARKS AND RECREATION SD-8-DESIGN PLAZA COMMERCIAL -
RESIDENTIAL TO CHANGE ZONING ATLAS -- LOCATION: 3625 N.E. 2
AVENUE -- APPLICANT PLANNING AND DEVELOPMENT.
-------------------- ---------------------------------------------------------- 7---------------------------------
Commissioner Plummer: Move 15. Let the record reflect that no one came forth to speak in
opposition.
Commissioner Regalado: Second.
Unidentified Speaker: This is dependent on...
Commissioner Plummer: I understand that. Did he read the item. Did you read 15?
Commissioner Gort: It's a resolution.
Mr. Joel Maxwell (Interim City Attorney): I wasn't told to read it.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
151 January 27, 1998
Commissioner Plummer: Call the roll. Yes.
An Ordinance entitled -
AN ORDINANCE WITH ATTACHMENT, AMENDING PAGE NO. 15 OF THE
ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM PR "PARKS AND RECREATION" TO SD-8
"DESIGN PLAZA COMMERCIAL -RESIDENTIAL DISTRICT" FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3625 NORTHEAST 2ND AVENUE;
MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of December 9, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Regalado, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11601.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
34 FIRST READING ORDINANCE: AMEND ORDINANCE 10544 FORM
SINGLE FAMILY RESIDENTIAL AND MAJOR INSTITUTIONAL PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES TO RESTRICTED
COMMERCIAL TO CHANGE FUTURE LAND USE ELEMENT OF
COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 2401, 2411,
2415, 2445 WEST FLAGLER STREET AND 25 N.W. 24 COURT --
APPLICANT: MAINSTREAM PARTNERS, LTD.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Sixteen and seventeen.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): Sixteen and seventeen are again,
companion land use and zoning. This is a first reading. The department is recommending
approval. Both the Zoning Board and the Planning Advisory Board recommended approval of
the Flagler frontage, but denial of the residential property at the rear. This property was formerly
occupied by the Aerospace Academy, that's why it had a GI zoning. It is no longer. It is vacant
now, and the most appropriate zoning is the restrictive commercial C-1 category they are seeking
now. The residential property to the rear is under the same ownership and considered a unified
parcel, that's why we recommended approval.
152 January 27, 1998
Commissioner Regalado: I move that we approve on first reading, but I would like to ask Ms.
Pardo if she has spoken to the owners of the vacant lot and considered the possibility of cleaning
the lot?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Adrienne Pardo: I do. Ah, yes, I have spoken with the owner of the property and he said
that he would clean up the lot.
Commissioner Gort: Move it.
Commissioner Plummer: OK, well let me ask you what are you anticipating doing here on this
property?
Ms. Pardo: He does not know at the current time. Just for the record, Adrienne Pardo with law
offices at 1221 Brickell Avenue. He doesn't have any current plans at the present time.
However, he has had the property under contract at other times and he hasn't been able to sell it
due to the particular zoning. I know that we do have an objector here, so for the record, if I
could just add a few things into the record on this subject property. The property that we are
requesting to have rezoned, there are a total of seven lots. Six of the lots are directly on West
Flagler, and one lot... We have West Flagler Street, you have got Northwest 24th Court and
Northwest 24th Avenue. There are seven lots which are located directly on West Flagler and
they are currently zoned GI, which is Government Institutional. The property that are directly
towards the east and the west are restricted commercial, and that's what we are asking that the
property be zoned to, we think it's appropriate. There was one lot at the back which is zoned R1,
and we are also requesting that that lot also be zoned restricted commercial. These lots have all
been developed together, and years ago they used to be the Aerospace Academy. I have a
photograph which I would like to put into the record and submit to each Commission which
shows that there used to be parking on that particular, single family lot when it was the
Aerospace Academy. And, what we would be willing to do is proffer for the record and submit a
covenant that number one, if the site is developed with the particular single family lot which is
lot 241 that it would only be restricted to parking and that the... there would be no direct ingress
or egress on lot 241 from Northwest 24th Court. And, I would like to submit for the record for
each of the Commissioners a photograph showing that there was parking on that lot back in
1977, and I also have a letter from the property owner which is located directly next to Lot 241
that says he has no objection to this particular request.
Commissioner Gort: My understanding is there was a motion made on first reading. Was there
a second?
Chairman Hernandez: There is a motion on the fist reading ordinance and a second by...
Commissioner Gort: I'll second.
Chairman Hernandez: ... Commissioner... by Vice Chairman Teele.
Commissioner Gort: I would like to add a friendly amendment to the motion in order to make
sure that the residential part and that the perimeter next to the residential area, one foot be left as
residential. That way the domino effect will not take place, all right?
Ms. Slazyk:• So, it will be the application less one foot where it abuts residential.
153 January 27, 1998
Commissioner Gort: Right.
Ms. Slazyk: That's fine.
Ms. Pardo: And, we would be... We would be in agreement to that.
Chairman Hernandez: OK, we have a motion by Commissioner Regalado, second by
Commissioner Gort.
Ms. Slazyk: There is one neighbor here who would like to speak.
Chairman Hernandez: OK. Discussion.
Mr. Jack Rice: I would like to be heard.
Ms. Slazyk: Yes.
Chairman Hernandez: Mr. Rice.
Mr. Rice: I have lived in that area...
Commissioner Gort: Name and address please, sir.
Mr. Rice: Mr. name is Jack Rice. I live at 90 Northwest 24th Avenue, and I own the house
located on this property which is 150 feet north of the subject property being rezoned or
attempting to be rezoned. Now, that lot, that property originally was a motel, small motel
property, and was used for that purpose for a long time and then the man from the... had the
academy came and bought the motel property and then he built the academy. The ,property on
the corner, it's Flagler Street and 24th Avenue, was not zoned commercial because... it was
zoned residential because when they built the law office there they had to get a variance in order
that it be constructed. Now, the property, to the... on 24th Court which is just to the rear of this
property there was a house located on it, and a few years ago, the academy bought the house and
removed it. Destroyed it, and then the property within a wall which was then, I assume, part of
the academy. What they used it for within the wall, I don't know, but I am sure they didn't build
anything on it. Now, that property goes all the way half way through the block about 149 feet to
the property located facing 24th Avenue. Now, what this does by you so called putting this one
foot on the line, provides them with a floor area ratio that will allow them to put 15 more units
on the building if they construct it, and, it also allows them to expand the footprint of the
building. In other words, they can make a larger building. Now, you know, you are talking
about taking a building and building it over 120 foot high and then providing on the 20th floor
where you can put one hundred and something units, add 15... 150 units, then add 15 additional
whatever floors in order they could put on the additional 15 units. In other words, you are
talking about a big building and you are joining with this property owner in getting a structure
which ordinarily would not be permitted. Now, let me tell you something else. The Planning
and Zoning Board made a recommendation as specifically: "It is found that land use Objective
1.3., requires the City to encourage commercial development within existing commercial
corridors." Now, that's the corridor on Flagler Street. This lot on 24th Court is not in that
commercial corridor. "It is found that this applicant is supported by MCNP Housing Policy
1.1.5. and 1.27 which requires the City to preserve and enhance the general appearance of the
neighborhood by preserving the commercial designated areas without intrusion into the
residential zone." Now, this is from the Planning Board, I didn't make this up. How they
approved this application and which their own letter says shouldn't be permitted is beyond me.
Now, I think that if justice is to prevail here, that you got to take this property out of the
154 January 27, 1998
commercial usage. If not, why don't you rezone that whole block. Rezone my property to
commercial. Take the whole bunch of it in there. Why just give him the benefit of that when the
law says he is not entitled to it. This is spot zoning at its worst. There is no commercial
property connected to this single, and this is single family by the way. And, there is no
commercial property adjacent to it except the property that he owns which is on Flagler Street.
The property on the other side is connected to him, but that is not commercial, that's R-2,
duplex. Now, to permit him to add this, to pass this kind of ordinance gives him a bigger
building, 15 more units in the building and enhances the footprint of the building and gives him
benefits that every property owner in the area don't have. There has been no intrusion in the
residential area anywhere in my district. Anywhere between 24th Avenue or 22nd Avenue and
27th Avenue. They are all residential. In fact, this property we are talking about that you want
to make into commercial is R-1. I just don't think that's proper, and L. it goes against the
criteria set forth in the Zoning Board's own letter. How they wrote that letter was kind of stupid.
If they are going to support him they should have left that out.
Commissioner Gort: Thank you, sir.
Mr. Rice: I am just talking to this one point about the one foot, because his one foot don't help
us a bit. Don't help the property owners a bit.
Commissioner Gort: All right, let me tell you, it helped in the past quite a bit every time it's
being done. So, I just want to make you aware of it. At the same time, Mister...
Mr. Rice: Well, yeah, I am not arguing that. I am just saying this isn't the kind of criteria you
ought to do it in. You shouldn't increase the units by 15 units by giving them this change of
zoning when it's R-1. It's just not right.
Vice Chairman Teele: All right.
Mr. Rice: I have been living there since 1942. You know, I have seen that property grow and
me and my neighbors, I... most of my neighbors are Spanish, and I don't think they comprehend
what is going to happen to them. They certainly don't know that 130 or thirty something up high
building can be built there.
Vice Chairman Teele: All right. Thank you very much. Rebuttal.
Ms. Pardo: If I could just do a quick rebuttal. With regards to the addition of lot 241 also be
included within the C-1 district. We believe that with a proffered covenant that it would be
limited only to the parking area and no buildings located that it would not be an intrusion into the
neighborhood. And, one last item, just for the record. Under the GI designation that property
could also have unlimited height, so the change of zoning on GI district is not changing at all.
Thank you.
Chairman Hernandez: Mr. Rice.
Mr. Rice: Well, she's wrong. That's all I can say. You can't make potatoes out of roast beef
and that's what she's trying to do. Let me tell you, her making this into parking that don't
change the footprint of the building, and it don't change the floor area ratio you can add. Here
she is going to add 15 units to that. Hey, listen, that's going to be the worst catastrophe that ever
occurred in the area if you put a building of that size on that land which you can do if you do
what they are asking you to do.
Commissioner Plummer: Well, whose district is it?
155 January 27, 1998
Commissioner Gort: This is a motion that has been made already.
Commissioner Plummer: What was the motion?
Commissioner Gort: This is first reading. This is only first reading.
Commissioner Plummer: All right. Well, let me tell you something. I will vote for first reading,
all right. But, the department has heard exactly what Mr. Rice has said, OK. Now, I am not as
much of a genius as he is because he is a former Assistant City... No, he is a former City
Attorney, all right, who is probably more well versed in the zoning than I am. So, I want you to
come back when this thing comes up for second reading and I want you to tell me that he's
telling me exactly the way it is, that he is not being completely on target and let me know,
because I want to tell you that if he is correct then I will vote against it. But, there is no reason
to delay it. Let's hear it, let's do it and let's get with it and get it over with. So...
Chairman Hernandez: This dis irectly across from Miami High Senior High?
Ms. Pardo: That's correct.
Chairman Hernandez: Yea.
Commissioner Plummer: I stood on that property and watched General MacArthur go by in
1953.
Chairman Hernandez: I bought all my trailers there during campaign season.
Commissioner Plummer: You weren't even born that year.
Mr. Rice: I saw it every day.
Commissioner Plummer: Yeah.
Chairman Hernandez: They towed him, too.
Commissioner Plummer: I spent three years there.
Commissioner Gort: So did I...
Mr. Rice: It's a great piece of property.
Commissioner Plummer: Yeah, but I graduated...
Chairman Hernandez: There is a motion, it's a first reading ordinance. There is motion by
Commissioner Regalado and second by Commissioner Gort.
Commissioner Plummer: I move we adjourn.
Chairman Hernandez: Can you read the ordinance, please?
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Mr. Rice: By the way, Commissioners, I only spoke to the one foot... I didn't talk... I have
spoken about the rest of this area. I hope I am not being deprived of objecting.
156 January 27, 1998
Chairman Hernandez: No, of course not. And, are you speaking of this same item or item 17,
the companion item?
Mr. Rice: I am speaking about the property on Flagler Street and the property on 24th Court...
Commissioner Gort: We passed it.
Mr. Rice: ... which is the entire 1.1.2 acres. It's over an acre, I know that. It's quite a large
piece of property. Do you want me to speak?
Chairman Hernandez: I will allow you to speak before we... This is continuous with PZ-16,
correct?
Mr. Rice: Right.
Chairman Hernandez: Not... Or is it on 17? It's with a companion, right?
Ms. Slazyk: Seventeen is a companion zoning.
Mr. Walter J. Foeman (City Clerk): Vice Chairman Teele.
Vice Chairman Teele: No, sir.
Chairman Hernandez: OK, you can speak when we get to that. Roll call, please.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2401,
2411, 2415, AND 2445 WEST FLAGLER STREET AND 25 NORTHWEST 24TH
COURT, FROM SINGLE FAMILY RESIDENTIAL AND MAJOR INSTITUTIONAL
PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: Vice Chairman Arthur E. Teele, Jr.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
157 January 27, 1998
----------------------------------------------------------------------------------------------------------------
35. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 FROM R-1
SINGLE FAMILY RESIDENTIAL AND G/I GOVERNMENT AND
INSTITUTIONAL TO C-1 RESTRICTED COMMERCIAL TO CHANGE
ZONING ATLAS -- LOCATION: 2401, 2411, 2415, 2445 WEST FLAGLER
STREET AND 25 N.W. 24 COURT -- APPLICANT: MAINSTREAM
PARTNERS, LTD.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: PZ-17. We will let the applicant speak first, and then basically it's the
same old story more or less.
Ms. Adrienne Pardo: Adrienne Pardo with law offices at 1221 Brickell Avenue here on behalf of
the owner of the property Mainstream Partners, Limited. I would like to incorporate everything I
said on PZ-16, and then I'll reserve any rebuttal time if you have any questions.
Mr. Jack Rice: First of all, she's asking to do exactly what the present zoning permits her to do
with the exception that the other is Governmental Institutional development. Now, my proffer to
the Commission is, I don't care if they develop it commercial. I think it should be, but I don't
think you should leave it quite blank that they can put anything they want on there. It's directly
across the street of a major high school. The biggest high school in the State of Florida, I
assume, and one of the greatest, that's without fail.
Commissioner Gort: Amen.
Mr. Rice: Right. And, I don't think you should permit anything to go there. If they come up
with a plan, if it don't include high-rise residential most of the time I will agree with it, and I
think my neighbors will agree to it. I thought about going around my neighborhood and scaring
all my neighbors to come there, but first of all, I don't speak Spanish and I would have had a
very difficult time. And, I secondly, my health don't permit me to run around the neighborhood.
If the existing zoning permits churches, schools, public utility, radio stations, television stations,
electrical provisions for electrical stations or whatever you want to call them. In other words,
they have a broad, broad basis of uses. Now, he said he hasn't gotten any proffer on the
property. Well, no, now let's wait until he gets a proffer is my opinion. The house was removed
from R-1 many years ago. Maybe ten, five, ten years ago. And, the school was built... was
removed just approximately two years ago. By getting this property rezoned he is coming into a
bonanza of wealth by rezoning the property to the detriment of myself who owns part of that
property and the other neighbors in the area. I don't know about the guy living back of me next
door. He is a little dumb if he don't get his property rezoned in conjunction with this. Now, if
you all are going to say that you are going to recommend to the Planning and Zoning Board that
this property should be looked in to be rezoned in the near future, maybe there is some criteria
break. But, to just give this man the right to rezone his residential lot is just wrong. The reason
why that's essential is, that you have to have 200 front and foot or piece of land large like the
present one that he owns, the rest of the neighbors can't meet that criteria to get the land rezoned.
The only way you are going to get it rezoned is for this Commission to tell them to research the
area and a proper rezoning of the property, that whole block. The increase in traffic will be
phenomenal. You have got a real heist that across the street is a school, and the traffic that this
building, that I conjecture to be built which would be a high-rise residential, would just be a
phenomenal increase of traffic. And, I... if you have ever been there in the afternoon, you know,
traffic don't move on Flagler Street, it takes about three times at the light before you cross 27th
Avenue. And, if they build a large building there, the traffic is going to be unbearable.
158 January 27, 1998
Chairman Hernandez: Thank you, Mr. Rice, time is up.
Mr. Rice: Thank you.
Chairman Hernandez: Thank you. Rebuttal.
Ms. Pardo: Quick rebuttal. I would just like to say that the current zoning, the GI is
inappropriate for this particular property since it's not governmentally owned nor developed for
institutional use. The C-1 district is appropriate. You have got properties directly to the east and
the west that are C-1, and also just with regards to the height of the building or the FAR. The GI
district, they will send you back to the office district and other things. And, the FAR for the C-1
and the GI are the exact same at a 1.72 as well as the height. So, there are no changes there that
would be detrimental to the area. As well as, just for the record, the Planning Department does
an analysis on the levels of service of traffic etcetera and that was performed in the... The C-1
designation would not interfere with that.
Chairman Hernandez: Thank you. I am going to close...
Mr. Rice: They have no basis or authority to make a recommendation as to traffic. That has to
come from the County.
Chairman Hernandez: Thank you, Mr. Rice. I am going to close the public meeting at this time.
Are there any motions on the floor? What's the wish of the Commission?
Commissioner Plummer: Well, who made the item on 16?
Commissioner Gort: He did.
Commissioner Regalado: I did.
Commissioner Gort: Regalado.
Commissioner Regalado: I did.
Commissioner Gort: Well, I'll move it with the same restrictions that were placed on number
16.
Commissioner Plummer: Second.
Chairman Hernandez: We have a motion by Commissioner Willy Gort, seconded by
Commissioner Plummer. Read the ordinance, please.
Commissioner Plummer: Same provisions apply that the department will come back after
listening to Mr. Rice and tell us exactly the name of the game.
Chairman Hernandez: Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Roll call, please.
159 January 27, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
FROM R-1 SINGLE FAMILY RESIDENTIAL AND G/I GOVERNMENT AND
INSTITUTIONAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 2401, 2411, 2415 AND 2445 WEST FLAGLER
STREET, AND 25 NORTHWEST 24 COURT, MIAMI, FLORIDA, WITH A ONE
FOOT (1') RESIDENTIAL ZONING BUFFER AROUND THE PROPERTY
LOCATED AT 25 NORTHWEST 24 COURT AND SUBJECT TO THE RECEIPT
AND RECORDATION OF A VOLUNTARY COVENANT FROM THE PROPERTY
OWNERS LIMITING THE USE OF SAID PROPERTY FOR PARKING PURPOSES
ONLY; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Ms. Pardo: Thank you, very much.
Chairman Hernandez: Thank you.
Commissioner Plummer: Thank you.
---------------------------------- -----------------------------------------------------------------------------
36. CONTINUE TO MEETING OF MARCH 24, 1998 AFTER 2 P.M.,
CONSIDERATION OF AGENDA ITEM PZ-18 (PROPOSED CHANGE OF
LAND USE DESIGNATION AT 3615 N.W. 23 COURT) -- AND OF AGENDA
ITEM PZ-19 (PROPOSED CHANGE OF ZONING FROM R-3 MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL).
Chairman Hernandez: PZ-18. Applicant Dwain W. Higginbotham.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): On PZ 18 ad 19, I spoke with the
applicant yesterday. He would like a continuance, and the department has no objection. So...
Chairman Hernandez: Is there a motion...
160 January 27, 1998
Commissioner Plummer: Wait a minute.
Commissioner Gort: Can I ask a question?
Commissioner Plummer: Nah, nah, nah.
Ms. Slazyk: Let me...
Commissioner Gort: Let me ask you a question.
Ms. Slazyk: Let me explain. I want... His recommendation when he went to the Zoning Board
and to the Planning Advisory Board was for approval, and again based on the Code Enforcement
information that was subsequently provided, the recommendation of the department changed to
denial because it was no longer in compliance with the criteria that we were using for the
change. And, I... you know, he called me and he wanted to know if he could get a continuance.
I told him I can't guarantee that, I will ask on his behalf. He was going to fax a letter to the
department.
Commissioner Plummer: (Unintelligible) hearing and to listen to it. [phonetic]
Mr. Jose Garcia -Pedrosa (City Manager): This is to give him a chance to comply?
Ms. Slazyk: Yeah. Well, he... either to comply or to meet with the administration...
Commissioner Gort: Move to continue to March 24th.
Commissioner Plummer: Second.
Mr. Garcia -Pedrosa: 2:00 p.m.
Commissioner Plummer: And, let me be...
Commissioner Gort: Now, wait a minute. Why are saying 2:00 p.m.?
Commissioner Plummer: After 2:00 p.m.
Mr. Garcia -Pedrosa: After 2:00 p.m.
Ms. Slazyk: Any time after 2:00 p.m.
Commissioner Gort: After 2:00 p.m., not a time certain.
Commissioner Plummer: Yeah, and let me tell you for this vote, I second the motion. If he
don't show up here at the next meeting, if he ain't got enough interest to be here, I ain't got
enough interest to vote on him. I'll deny it.
Ms. Slazyk: I agree.
Commissioner Plummer: That's 18 and 19?
Mr. Garcia -Pedrosa: Right.
Commissioner Gort: ... and nineteen. Do you want us to doing one at a time, Maxwell?
161 January 27, 1998
Mr. Joel Maxwell, Esq. (Interim City Attorney): No, you can continue those two together.
Commissioner Gort: Continue both. OK.
Chairman Hernandez: Willy, are we doing to a time certain, a date certain?
Commissioner Plummer: Defer 'em? Yeah.
Mr. Garcia -Pedrosa: No.
Chairman Hernandez: No?
Commissioner Gort: The date is March 24th.
Ms. Slazyk: Date certain March 24th.
Chairman Hernandez: March 24th.
Unidentified Speaker: May I ask a question, please?
Commissioner Plummer: Why not.
Unidentified Speaker: I am wondering... I am wondering on item...
Commissioner Gort: We got to vote on this first.
Unidentified Speaker: ... 27, why is item on the agenda? It was already denied by the Planning
and Development Department. The...
Commissioner Gort: Excuse me. Excuse me.
Unidentified Speaker: ... Advisory Board.
Commissioner Gort: Excuse me.
Commissioner Plummer: Twenty-seven.
Unidentified Speaker: Twenty-seven.
Commissioner Plummer: We are no way near that, ma'am.
Unidentified Speaker: No, but I mean, why is it on here...
Chairman Hernandez: Ma'am...
Unidentified Speaker: ... because the applicant is the...
Chairman Hernandez: Ma'am, ma'am, ma'am, you are...
Commissioner Gort: We have a motion. Excuse me. We have a motion on the floor.
Unidentified Speaker: May I?
Chairman Hernandez: There is a... Ma'am.
162 January 27, 1998
Commissioner Gort: Right now you are out of turn. We will get you in a minute.
Commissioner Plummer: Right now you are out of order ma'am, until we get to 27.
Commissioner Gort: We will recognize you in a minute.
Unidentified Speaker: But, I don't understand why it...
Commissioner Gort: Ma'am, we will recognize you in a minute, you are out of order. We have
got a motion on the...
Chairman Hernandez: There is a motion on the floor and there is a second. All those in favor
say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-109
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-18
(PROPOSED CHANGE OF LAND USE DESIGNATION FOR PROPERTY AT 3615
N.W. 23 COURT FROM MEDIUM DENSITY RESIDENTIAL TO GENERAL
COMMERCIAL) AND AGENDA ITEM PZ-19 (PROPOSED CHANGE OF ZONING
AT 3615 N.W. 23 COURT FROM R-3 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO C-2 LIBERAL COMMERCIAL) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR MARCH 24, 1998 AFTER 2 P.M.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
163 January 27, 1998
----------------------------------------------------------------------------------------------------------------
37. ACCEPT $1,250.00 DONATION FOR PARKS AND RECREATION FROM
SOTOLONGO ARCHITECTS -- FOR JEFFREY EDINBERG MEMORIAL
PROJECT LOCATED IN PEACOCK PARK -- FURTHER DIRECT
ADMINISTRATION TO ENCOURAGE DONATION OF TREES AS
MEMORIALS.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Now.
Commissioner Plummer: Mister... Mister, no, no. Can I ask a question, Mr. Chairman?
Chairman Hernandez: Yes, sir.
Commissioner Plummer: There is a little girl here that's been freezing. She is asking for a very
simple little request, which I think is a great idea. Can we hear that and let her go home? Mr.
Chairman.
Chairman Hernandez: What... what item is it?
Commissioner Plummer: This is the tree.
Chairman Hernandez: The tree, sure I have it right here. I have a pocket item. If you want to
take it our of order... I did not know...
Commissioner Plummer: I think we should, really.
Ms. Jennifer Mallon: That's great. Thank you.
Chairman Hernandez: OK. I brought... you have... All of you have a copy of this.
Commissioner Gort: You mean the Funeral Director has got a heart?
Commissioner Plummer: No, this is the one for the guy that died, the tree memorial of her
brother, I think it is.
Chairman Hernandez: Basically it is a pocket item to approve, to allow Sotolongo Architects in
planting a 25 foot oak tree with a plaque at Peacock Park as a memorial for Jeffrey Edinberg
who was killed in an unfortunate shootout in Kendall on January 13, 1998. Sotolongo
Architects, the University of Miami and friends and family of Mr. Edinberg will pay for all cost
incurred and meet with the Parks Department in Northeast Coconut Grove NET (Neighborhood
Enhancement Team) Office to determine the appropriate site at Peacock Park.
Commissioner Plummer: I second the motion.
Chairman Hernandez: This is a pocket item.
Commissioner Plummer: The only thing I question, not question. The only thing I caution is,
let's be reasonable with whatever plat, the size.
Ms. Mallon: Yeah, it's six by twelve inches.
164 January 27, 1998
Commissioner Plummer: Hey, let's just be reasonable.
Ms. Mallon: Uh-huh.
Commissioner Plummer: We are talking about a 20 foot tree. Mr. Chairman.
Chairman Hernandez: Twenty-five foot tree. Would you...? Ma'am, would you state your
name and address for the record, please?
Ms. Mallon: Sure, my name is Jennifer Mallon, my address is 17501 Southwest 51st Street in Ft.
Lauderdale.
Chairman Hernandez: And, you represent?
Ms. Mallon: Sotolongo Architects.
Chairman Hernandez: OK. Commissioner Plummer.
Commissioner Plummer: Mr. Chairman, let me tell you something. There is a program right
now, and I know from my business, that instead of flowers being sent to a funeral, the florist
won't like this. But, let me tell you, they donate a tree in Israel.
Ms. Mallon: Yes.
Commissioner Plummer: And, I'll tell you something, this City needs some good shrubbery and
some good trees. And, I think we ought to encourage this kind of activity of people who would
like to have a 50 year memorial to member of their family that they will go for the planting of a
tree where this City needs them, and with an initial plaque. I think it's a great, great idea. And, I
would hope that Mr. Ruder could come back and come up with some kind of a plan that what we
are doing here in this particular case, I think it's a great idea, and that we can do it in the future
and have it offered to the public to where we can get some great, great landscaping in this
community at no cost to the taxpayers.
Mr. Albert Ruder (Director/Parks & Recreation): Commissioner, I just wanted to add on the
record, and they have agreed to it, that they are going to be responsible for the initial
maintenance, the watering of the plant which the nursery will do. And, if there is any damages
or vandalism that they are also... because, you know, the plaque and everything. That's
something that, you know, they are going to pay for all the costs, or if there is any vandalism
or...
Commissioner Plummer: You are going to make them come water the tree.
Mr. Ruder: Initially, we have to do that or the tree will die. Believe me, I know what I am
talking about. And, they have agreed to do it.
Commissioner Plummer: You guys are unreal. Honest to God.
Chairman Hernandez: Thank you, very much ma'am.
Ms. Mallone: Thank you for seeing me so quickly.
Chairman Hernandez: And, we appreciate that.
165 January 27, 1998
Commissioner Gort: Let's vote on it.
Chairman Hernandez: We need a motion. I made the motion and the second was...
Commissioner Plummer: I seconded the motion.
Chairman Hernandez: Second by Commissioner Plummer.
Commissioner Plummer: And, I vote "aye."
Chairman Hernandez: All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Chairman Hernandez, who moved its adoption:
RESOLUTION NO. 98-110
A RESOLUTION ACCEPTING THE DONATION, VALUED AT $1,250.00 FOR THE
DEPARTMENT OF PARKS AND RECREATION FROM SOTOLONGO
ARCHITECTS FOR THE JEFFREY EDINBERG MEMORIAL PROJECT, SAID
PROJECT CONSISTING OF THE DONATION AND PLANNING OF A TWENTY-
FIVE (25) FOOT LIVE OAK TREE AND THE INSTALLATION OF A
COMMEMORATIVE PLAQUE TO BE LOCATED IN PEACOCK PARK.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
166 January 27, 1998
----------------------------------------------------------------------------------------------------------------
38. FIRST READING ORDINANCE: AMEND ORDINANCE 10544 FROM
RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL -- CHANGE
FUTURE LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD
PLAN -- LOCATION: PROPERTIES BOUNDED BY NORTH MIAMI
AVENUE, N.E. 2 AVENUE, I-195 AND N.E. 36 STREET, INCLUDING LOTS
1, 2, 23, 24 OF BLOCK 10 OF PRINCESS PARK SUBDIVISION --
APPLICANT; PLANNING AND DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: PZ item 20. City of Miami is the applicant.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): Ah, yes. This is a change in the
complex. [phonetic]
Commissioner Plummer: First reading. It's in my district. I move it for first reading.
Commissioner Gort: Move it.
Chairman Hernandez: Moved by Commissioner Plummer, second by Commissioner Gort. Read
the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Commissioner Gort: Twenty-one. First reading.
Chairman Hernandez: Roll call, please.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF THE PROPERTIES LOCATED WITHIN THE AREA
BOUNDED BY NORTH MIAMI AVENUE, NORTHEAST 2ND AVENUE, I-195
AND NORTHEAST 36TH STREET, INCLUDING LOTS 1, 2,23 AND 24 OF BLOCK
10 OF PRINCESS PARK SUBDIVISION, FROM RESTRICTED COMMERCIAL TO
GENERAL COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
167 January 27, 1998
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: When you come back on this item, I want to know why you think it
ought to be changed.
Ms. Slazyk: Basically, because there is an error.
Commissioner Plummer: When you come back on second reading.
Ms. Slazyk: OK. All right.
----------------------------------------------------------------------------------------------------------------
39. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 FROM C-1
RESTRICTED COMMERCIAL TO SD-6 CENTRAL COMMERCIAL -
RESIDENTIAL DISTRICT TO CHANGE ZONING ATLAS -- LOCATION:
N.E. 11 TERRACE ON NORTH; N.E. 2 AVENUE ON WEST; BISCAYNE ON
EAST AND THAT PORTION OF FEC RIGHT OF WAY LOCATED
BETWEEN N.E. 6 STREET AND N.E. 7 STREET ON SOUTH -- APPLICANT:
PLANNING AND DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 21.
Commissioner Plummer: Also in my district. With the same provisions when you come back.
Is there a reason why this is being changed or not being changed? I would like to know what's
being proposed and why they are pushing for it?
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): OK.
Chairman Hernandez: There is a motion by Commissioner Plummer, second by Commissioner
Regalado. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Roll call, please.
168 January 27, 1998
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE NO. 23 AND PAGE
NO. 36 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM C-1 "RESTRICTED
COMMERCIAL" TO SD-6 "CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT"
FOR PROPERTY GENERALLY BOUNDED BY NORTHEAST 11TH TERRACE ON
THE NORTH, NORTHEAST 2ND AVENUE ON THE WEST, BISCAYNE
BOULEVARD ON THE EAST AND THAT PORTION OF THE F.E.C. RIGHT-OF-
WAY LOCATED BETWEEN NORTHEAST 6TH STREET AND NORTHEAST 717H
STREET ON THE SOUTH; MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
40. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM PZ-22 (AMEND
ARTICLE 6, SECTION 602, COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT, OF ZONING ORDINANCE 11000) TO MEETING OF JULY 20,
1998) -- FURTHER ESTABLISH WORKING GROUP TO REPORT TO
MANAGER REGARDING THIS ISSUE.
Chairman Hernandez: PZ-22. City of Miami applicant.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): PZ-22 is an amendment to the
Coconut Grove Central commercial district to include the Playhouse Property, the GI property
currently occupied by the Playhouse in the list of properties for which off -site parking would be
able to be accommodated. According to the Coconut Grove Parking ordinance you can locate
your off -site parking anywhere within the SD-2 district. This would include that property in the
properties where that can be accommodated.
Commissioner Plummer: This is in my district, so let me ask a question. I have had a lot of
people call me in reference to the fact that if you do approve this, you have taken away a great
deal of revenue from this parking trust that we have established.
169 January 27, 1998
Mr. Francisco Garcia (Principal Land Development Specialist/Planning Department): Yes, I
would like to, for the record. Francisco Garcia with the Department of Planning and
Development. I would like to address that issue. I believe each Commissioner has been sent and
the City Manager as well as has been sent a letter directed to each of you from Donald Bell, the
General Counsel of the State of Florida, that addresses that specific issue to the satisfaction of
the Parking Advisory Committee which was originally opposed to it. In that letter they say,
essentially, that they will not be using the Playhouse lot for off -site parking purposes unless and
until a parking garage is built there that has enough phases to accommodate that traffic.
Commissioner Plummer: Well, why don't we wait and just change the zoning at the time that
they build the parking structure? What's the rush to do it now?
Mr. Garcia: The intent of this ordinance in particular is to foster the construction of the parking
garage. If they have this ordinance is in place, then that will give an incentive for the developer,
whoever it is to construct that parking lot.
Commissioner Plummer: Yes, but you know, let me tell you something. And, Mr. City
Attorney, just for the record, I am on the Board of Directors. I have never attended a meeting. I
don't beneficially, financially or otherwise out of this. I sponsor all I can for the Grove
Playhouse. But, I don't think this is... I just really don't think that this is the way to proceed.
You know, they are suing the City of Miami, the Off -Street Parking Authority, and I just think
it's a cart before the horse. As far as I am concerned, I think this matter ought to come up. If
they are going to build a garage, then let's bring it back before this City Commission. Other than
that, I don't see the rush to begin doing anything. I mean, unless somebody has got a different
idea.
Commissioner Gort: Well, I can tell you a little different, although it's not my district. I had
several people approach me and they called. And, about... most important, people in
Commodore Plaza, they have a lot of problems. And, they have a lot of problems because they
have been paying this "special tax" to be used and to have the garage so they can have their
business improve. And, unfortunately, the four sites selected... the four sites agreed to be
selected, the one most east bound is the one that was selected to build the first garage. So, the
people in Commodore Plaza do have a problem. They need an incentive to go ahead and build a
garage on that site off the street, and that will be very helpful for the people with the business in
Commodore Plaza.
Commissioner Plummer: Willy, I have no problem with that, but, you know, it's just the idea
that... that we have heard about a garage on that site for so long. And, let me tell you something
else, I would never vote for anything more than a two-story garage, because the problem that this
garage on this parcel has always failed is because it has been said that the only way it's going to
succeed is if you have an exit on the back side which I don't think anybody on this Commission
would ever vote for. I mean, you are talking about going through the back side so that they can
get over to McDonald Avenue. And, I just don't see that as something that I would want to be in
favor of. I would move this matter be deferred until a decision is made in reference to the
parking structure, and let's deal with it then.
Mr. Garcia: If I may...
Commissioner Plummer: Sure.
Mr. Garcia: ... briefly, Commissioner, to answer your question directly? This is an effort by the
Planning and Development Department to be proactive in that issue. If a garage is going to be
built there, the economics of the development of a garage there are so tight that they need some
sort of an incentive in order to be able to build that garage. This is the best means we have to
foster that...
170 January 27, 1998
Commissioner Plummer: And, I have no problem with that. If they come to me and say to me
they have got the financing and they have got the wherewith to do it, I'll move it immediately,
OK? But, I think that I have just heard so much blabber jabbing lagging on this issue that it has
never gone anywhere but to lawsuits. I think that we ought to deal with this at the time that they
are ready to move. And, other than that, you know, I just personally would rather defer it until
such time as the State of Florida is ready to move. And, I am all in favor of something being
built there.
Vice Chairman Teele: I'll second the motion for purpose of discussion.
Commissioner Plummer: Sure.
Vice Chairman Teele: Mr. Chairman, now Ms. Lange and a lot of other people have been
around here all day. What happened to all the neighborhood people that were here?
Commissioner Plummer: They went to dinner, and Barbara just got back.
Vice Chairman Teele: Is there any...
Ms. Barbara Lange:
microphone]
since 2:00 a.m. Since 2:00 p.m. [inaudible -- off
Commissioner Plummer: This is your item, if you are not aware.
Ms. Lange: No, I have heard, so many times.
Commissioner Plummer: Oh.
Vice Chairman Teele: Is there any basis for support for putting together a working group that
involves the neighborhood and the neighbors and maybe under Commissioner Plummer's
supervision to see if there is something we can do proactive other than do what you are doing?
Because, I agree with Commissioner Plummer, but I think we ought to try to be proactive. But, I
think we ought to start working through some of the problems with everybody at the table as
opposed to everybody talking at each other. And, I am just wondering if that is something that
you all can support as sort of as an amendment to the motion that we do something. I would be
very interested in knowing how Ms. Lange feels about everybody that has got this interest sitting
down and start working together and proactively. Because, there has been a lot of starts and
stops and I do think there is going to be an issue here that if the garage is built for much more
than the theater, you know, you are going to have some strong neighborhood opposition. So, is
there any willingness to do that?
Mr. Garcia: The Planning and Development Department is certainly happy to undertake that
effort, sir.
Commissioner Plummer: I have no problem with that. Let's do it. Let's move on.
Ms. Adrienne Pardo: Excuse me, could I speak on this issue?
Chairman Hernandez: You sure can.
Ms. Pardo: Hello, my name is Adrienne Pardo with law offices at 1221 Brickell Avenue. I am
here today...
171 January 27, 1998
Mr. Walter J. Foeman (City Clerk): Excuse me. Can I swear you in?
Ms. Pardo: Yes.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Pardo: I do. I am here on behalf of the owner of the property, 3121 Commodore, Inc. With
me here today is the owner of that property, Mr. Hakki Koroglu. We are very much in favor of
the proposed ordinance and I think there is some opposition to this ordinance, but it's important
to know it's a very simple amendment to the Zoning ordinance. All the Planning Department is
seeking to do is to allow that properties located within the SD-2 district be able to provide the
required off -site parking on the Coconut Grove site. Now, it's also important to know that back
in 1989, the Coconut Grove site was designated SD-2. At that time, it was rezoned to GI, and,
therefore, the Zoning Ordinance did not allow it to be included as required off -site parking for
those businesses located in the SD-2 district. So, in essence what this Zoning amendment is
doing, it's only taking it back to status quo as to when it was zoned, that property was zoned SD-
2. Now, it's very important for the businesses, particularly along Commodore, that they be able
to provide parking elsewhere. If they don't have sufficient parking that they be able to lease
parking spaces and lease real parking spaces. Commissioner Plummer, I know you had
mentioned earlier that there had been some concern that if you allowed parking on the site that it
would take away monies from the parking fund. But, I think we have to look at the purpose of
Coconut Grove and people coming into the Grove and businesses located there. The best thing
for all these businesses and for everybody is to be able to have a real parking spot, not just to put
money into a parking fund to build a parking garage sometime in the future. So, if we have
available parking, and if it's located within a very close distance to these businesses, we think
that's very important. And, the businesses along Commodore Plaza certainly believe that it's
important.
Commissioner Plummer: Yeah, now you got to look at it a different way. That lot is 180 to 200
parking spaces, OK. Now, you are going to build a garage. You have lost 200 parking spaces
for two years. I say to you, if you get your act together... not you. But, if anybody gets their act
together, and gets no the wherewith to come back to this Commission and say, hey, we have got
the financing, we have got the approval, we got everything we need to go forward, then let's
move it and approve it. But, to do it at this time, I think it's just a waste of time. I don't see it as
an incentive. We are saying we will do it. You come back with a plan that works.
Ms. Pardo: But, to do it at this time, it doesn't... certain people may not put the whole deal
together if it's not in place. And, if you do it at this time, it's not hurting anyone to make the
amendment, take it back to the status quo and, then it's available. Now, in order for those
businesses to do it, they have got to be able to get approval from the owner of that property to
lease the parking spaces. So, if that doesn't happen, if they don't build a garage for some reason,
or if that property doesn't have excess parking, it wouldn't... they wouldn't be able to use it.
But, it's in place, and it's parking that would be available for the businesses. Also, for those
businesses to have their tenants parked there, so there are other spaces along the streets in
Coconut Grove for the people who are coming in to park in their spaces. This way, it gets the
cars off of any of the back streets where the neighbors may not like it, and it get those cars into
legitimate parking areas.
Chairman Hernandez: Adrienne, your time is up.
Ms. Pardo: Thank you.
172 January 27, 1998
Chairman Hernandez: Mr. Master.
Commissioner Plummer: The motion that should be spoken to is the deferral. That's the motion
on the floor. Other than speaking to that motion, is out of order.
Mr. Jim McMaster: I would like to speak to the motion. Jim McMaster, 2940 Southwest 30th
Court. I started going to Playhouse meetings in 1986. In 1987, they have a request for proposal,
one responded and it fell through.
Commissioner Plummer: Excuse me.
Chairman Hernandez: What does this have to do with the deferral?
Commissioner Plummer: Mr. McMasters you are not talking to the deferral.
Mr. McMaster: Oh. Well, I would just like to...
Commissioner Plummer: The motion on the floor is the only thing you can speak to.
Mr. McMaster: I would like to get together with staff, with the neighbors, with the property
owners on Commodore Plaza and have a deferral.
Commissioner Plummer: If it's deferred.
Mr. McMaster: If it's deferred. Yes, sir.
Commissioner Plummer: Fine.
Chairman Hernandez: OK. Ma'am.
Ms. Lange: I came in a little late, can you...?
Chairman Hernandez: Name and address, please.
Ms. Lange: Oh, Barbara Lange, 3495 Main Highway, Coconut Grove. Are we doing a deferral
in order to say let's look at this, let's put everybody together that, you know, basically doesn't
like each other right now?
Commissioner Plummer: That's possible.
Ms. Lange: Are we doing a deferral? I would rather we vote this thing up or down because I am
sick of coming here and waiting and waiting, and waiting, and waiting.
Commissioner Gort: I agree with you.
Ms. Lange: And, I would rather just have somebody say, "yes" or "no" today, and I am put out
of my misery.
Chairman Hernandez: Thank you.
Commissioner Plummer: Huh.
Chairman Hernandez: Sir.
173 January 27, 1998
Mr. Tony O'Donnell: For the record, Tony O'Donnell with law offices at 701 Brickell Avenue.
I represented David Sweatland who is from the Camp Biscayne residential area across the street
from the Playhouse before the Planning Advisory Board. And, I will say that one of the major
concerns of that board and the reason it voted unanimously against this project is the reason that
Mr. Plummer has raised this evening as one of our chief reasons is, without studies, without and
understanding of the impact. But, I'll give you one example, this is not returning to the status
quo ante. [phonetic] We have a playhouse...
Commissioner Plummer: Tony, you are not speaking to the deferral.
Mr. O'Donnell: OK. Anyway, we would agree to the deferral and we would urge serious
discussions among the business people along Commodore, the potential developers of the site.
They know what our position is, and it's the same decision the Planning Advisory Board had
which is to do exactly that and not just to vote things without an impact.
Commissioner Plummer: We already have a Coconut Grove Parking Advisory Board. Let's
turn it over to them. Mr. Masreih is in charge of it.
Mr. Joel Maxwell, Esq. (Interim City Attorney): No, no, no.
Commissioner Plummer: Eh?
Mr. Maxwell: The Miami Delegation.
Commissioner Plummer: Fine.
Chairman Hernandez: Whose got the motion for a deferral?
Commissioner Plummer: I moved it, and...
Chairman Hernandez: There is no...
Commissioner Plummer: ... Mr. Teele seconded the motion...
Mr. Maxwell: Deferred to a particular date.
Commissioner Plummer: ... to defer.
Mr. Maxwell: To a date certain.
Chairman Hernandez: There is a motion on the floor.
Commissioner Plummer: To a date certain sometime in March.
Chairman Hernandez: There is a motion on the floor. There is a second by Vice Chairman
Teele for discussion. Sir, please.
Commissioner Plummer: You had to do it to a date certain.
Mr. Williams Armbrister: My name is Williams Armbrister, 3260 Thomas Avenue. I have been
sworn in.
Chairman Hernandez: What's your first name, sir?
174 January 27, 1998
Mr. Armbrister: Williams, with an "s," Armbrister at 3260 Thomas Avenue. As far as building
a parking lot right down the street from my house. There is the... They don't have anywhere to
dump the traffic what's coming in or leaving.
Chairman Hernandez: Right.
Commissioner Plummer: Fine.
Chairman Hernandez: We are only discussing if we are going to defer or not this item at this
point in time.
Mr. Armbrister: You are going to defer it? Can you just... just burn the idea? I would
appreciate that. Thank you very much.
Commissioner Plummer: Well, you see, there are two different items. One is cremation and the
other is burial. So, what they are saying over here is...
Mr. Armbrister: Burn.
Commissioner Plummer: ... we need six months to find out which way.
Mr. Armbrister: Burn.
Mr. Jose Garcia -Pedrosa (City Manager): Well, realistically, you know, if you defer it until
March... [inaudible -- off microphone]
Commissioner Plummer: Six months is fine. Can we defer to a time certain, six months?
Mr. Maxwell: Yes.
Vice Chairman Teele: No, no.
Chairman Hernandez: No, absolutely.
Vice Chairman Teele: I think there has got to be a re... Mr. Chairman, I will withdraw my
motion...
Chairman Hernandez: I agree.
Vice Chairman Teele: ... to defer. I think we ought to just go ahead and vote it up or down now.
Now, I'll vote against it, and let them reapply when they have got...
Commissioner Plummer: OK.
Mr. Maxwell: No. May...? Mr. Chairman, there are certain legal ramifications that come with
your deferring an item. Remember, under the code...
Commissioner Plummer: But, wait a minute. We are going to not defer it now, we are going to
turn it down.
Mr. Maxwell: If you... If I may finish? One, if you deny the item with some idea that you can
bring it right back at a later date in the near future, you are going to run a foul of code provisions
that deal with reapplication, 12 months or 18 months and so forth. And, you also, you also
probably, will run into an argument from the other side if you deny that administrative res
adjudicate will keep you from doing that.
175 January 27, 1998
Commissioner Plummer: Excuse me, who is the applicant?
Mr. Maxwell: The applicant is the City...
Commissioner Gort: The City of Miami.
Mr. Maxwell: ... but the...
Commissioner Plummer: So, I am going to argue with myself?
Mr. Maxwell: No, no, no. The neighbors could raise that issue as well. So, I would recommend
that if there is any intent to come back at a later date that you defer this to six months or some
date in the future. Don't table it. Tell you what, defer it to a specific date. Defer it for 90 days.
Defer it for 60, and you can continue to do that if you want to.
Chairman Hernandez: Well, the motion has been withdrawn at this point in time from what I
have heard. Are we ready to vote to approve or disapprove this?
Commissioner Plummer: Well, I made the motion, he withdrew the second. I...
Chairman Hernandez: Oh, second. So there is a motion.
Commissioner Plummer: I just... I don't want to approve it now. That's all I am saying. You
want to do it for 60 days, the deferment? That's fine.
Commissioner Gort: Second.
Vice Chairman Teele: Well, Commissioner, I want to support you and... because you are closer
to the district. But, I do think that in less than 90, 180 days, there is not going to be any real
dialogue.
Mr. Garcia -Pedrosa: July 28th. There is not going to be a chance to study anything, even if...
Commissioner Plummer: That's fine with me.
Vice Chairman Teele: I mean, and with all due respect, if it is a six month deferral, we are
putting the community and the neighbors at the hardship of having to come back. And, so at a
minimum I would think that there ought to be a requirement to readvertise it, even if it's deferred
for six months, with a...
Commissioner Plummer: I have no problem with that, and I so suggest. July the 28th, is that
what I am told?
Mr. Garcia -Pedrosa: July 28th.
Commissioner Plummer: Right.
Vice Chairman Teele: And, further that there be a working group established and that all
parties... And, that they will report to your office on the progress of that on a monthly basis.
Commissioner Plummer: That will be fine, sir. And, I'll name three people to that board.
Mr. Garcia -Pedrosa: After 2:00 p.m.
176 January 27, 1998
Commissioner Plummer: After 2:00 p.m., is correct. Let's move on.
Vice Chairman Teele: On the motion. Carry the motion.
Chairman Hernandez: There is a motion by Commissioner Plummer to defer, second by
Commissioner... Vice Chairman Teele.
Vice Chairman Teele: Further requiring a working group to meet throughout the 180 day period.
Chairman Hernandez: All those in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-111
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ-22 (PROPOSED
AMENDMENT OF ZONING ORDINANCE TO INCLUDE THAT PORTION OF
ADJACENT G/I DISTRICT BOUNDED BY MAIN HIGHWAY, CHARLES AVENUE
AND WILLIAM AVENUE IN "COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT - OFF -SITE PARKING) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR JULY 28, 1998 AFTER 2 P.M.; FURTHER
DIRECTING THE ADMINISTRATION TO ESTABLISH A WORKING GROUP TO
STUDY AND REPORT TO COMMISSIONER PLUMMER ON A MONTHLY BASIS
ON THE PROGRESS OF PROPOSED PARKING GARAGE FOR THE COCONUT
GROVE PLAYHOUSE.
Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
------------------------------ ---------------------------------------------------------------------------------
41. PROPOSED SECOND READING ORDINANCE: AMEND ZONING
ORDINANCE, ARTICLE 6, SECTION 602.4.1.1 TO PERMIT SALES,
DISPLAY AND SERVICE ACTIVITIES TO OPERATE FROM PARTIALLY
ENCLOSED SPACES -- APPLICANT: PLANNING AND DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: PZ-23. Thank you.
Mr. Francisco Garcia (Principal Land Development Specialist/Planning Department): PZ-23 is
on second reading now. This department recommends approval of this amendment to the
177 January 27, 1998
Zoning Ordinance. What we are trying to do here basically, is to encourage vending activities in
partially enclosed spaces in Coconut Grove. We... For a long time now, the Planning
Department has encouraged property owners in Coconut Grove to leave wide open spaces for the
enhancement of the pedestrian atmosphere of the Coconut Grove central commercial district.
Allowing them to implement vending carts in these partially opened spaces would...
Commissioner Plummer: So move it.
Chairman Hernandez: There is a motion by Commissioner Plummer.
Commissioner Gort: Second.
Chairman Hernandez: Second by Commissioner Gort. Can you read the ordinance please?
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, THE ZONING
ORDINANCE, BY AMENDING ARTICLE 6, SUBSECTION 602.4.1.1, TO PERMIT
SALES, DISPLAY AND SERVICE ACTIVITIES TO OPERATE FROM PARTIALLY
ENCLOSED SPACES AND FURTHER DEFINING THE TERM "PARTIALLY
ENCLOSED SPACES"; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of December 9, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11602.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
178 January 27, 1998
--------------------------------------
42. SECOND READING
FACADE CODE) TO
DEVELOPMENT.
ORDINANCE: ADD CHAPTER 15 (EXTERIOR
CITY CODE -- APPLICANT: PLANNING AND
Chairman Hernandez: PZ-24.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): PZ-24, second reading to enact
the exterior facade code into the City code. The exterior facade code would specifically address
portions of buildings visible from adjacent rights -of -way.
Commissioner Gort: Move it.
Commissioner Plummer: Move it. Second.
Chairman Hernandez: Motion by Commissioner Gort, second by Commissioner Plummer.
Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Roll call, please.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TO CREATE AND ADD A NEW CHAPTER ENTITLED
"EXTERIOR FACADE CODE" SETTING FORTH STANDARDS FOR EXTERIOR
BUILDING SURFACES WITHIN RESIDENTIAL NEIGHBORHOODS AND
COMMERCIAL BUSINESS DISTRICTS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR INCLUSION IN THE CITY CODE 9.
passed on its first reading, by title, at the meeting of November 26, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11603.
179 January 27, 1998
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
43. SECOND READING ORDINANCE: AMEND ARTICLES 9 AND 11 OF
ZONING ORDINANCE -- DELETE SUBSECTION 1104.4 THROUGH
1104.4.1 FROM ARTICLE 11 -- SUBSTITUTE SUBSECTION 926.15.2.1 TO
ARTICLE 9 -- AMEND SUBSECTION 926.15.2 -- ALLOW TEN OUTDOOR
BILLBOARDS -- APPLICANT: PLANNING AND DEVELOPMENT.
Chairman Hernandez: PZ-25.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): PZ-25 is basically the billboard
ordinance. The department is recommending denial. This is a second reading to allow the 10th
billboard along I-95. This would allow them east of I-95, north of 36th Street with the
conditions set forth here that it has to come back to the City Commission for approval, but it has
removed the Special Exception requirement.
Commissioner Plummer: And, it must be in a commercial district.
Ms. Slazyk: And, it must be in a commercial district.
Chairman Hernandez: Is there a motion?
Commissioner Regalado: Yeah, move.
Commissioner Plummer: Second.
Chairman Hernandez: There is a motion by Commissioner Plummer, seconded by
Commissioner Regalado. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, THE ZONING
ORDINANCE, BY DELETING SUBSECTIONS 1104.4 THROUGH 1104.4.1 FROM
ARTICLE 11 IN THEIR ENTIRETY AND SUBSTITUTING IN LIEU THEREOF
NEW SUBSECTION 926.15.2.1 TO ARTICLE 9, AND AMENDING SUBSECTION
926.15.2, TO ALLOW A MAXIMUM OF TEN OUTDOOR ADVERTISING SIGNS
(BILLBOARDS) CITYWIDE, WITH CERTAIN STANDARDS AND CONDITIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
180 January 27, 1998
passed on its first reading, by title, at the meeting of November 26, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Regalado, seconded by Commissioner Plummer, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11604.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
44. FIRST READING ORDINANCE: AMEND ARTICLE 6 OF ZONING
ORDINANCE -- ADD SECTION 602.4.1.3: SALES DISPLAY AND SERVICE
ACTIVITIES WITHIN OPEN OR PARTIALLY OPEN SPACE FOR SD-2
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT -- APPLICANT:
PLANNING AND DEVELOPMENT.
Chairman Hernandez: PZ-26.
Commissioner Plummer: How does this differ? In one you are asking us to enclose, and now
you open us to out in the open.
Mr. Francisco Garcia (Principal Land Development Specialist/Planning Department): Yes, sir.
Different item, of course. This one is to extend the vending activities that presently take place in
open spaces, wide open spaces, extended from only arts and crafts in outdoor dining areas to
include also, other vending activities.
Commissioner Plummer: Yeah, but you see... You know, let me tell you where you are kidding
yourself. Kidding us, all right? You got these guys down here who claim religious, what do you
call it Mr., City Attorney?
Mr. Joel Maxwell, Esq. (Interim City Attorney): There is a religious exemption for them that...
Commissioner Plummer: And, you know, they go there and they setup and they sell all of this
religious stuff under the name of religion, and they just circumvent all of our laws. I mean, what
are we accomplishing?
Mr. Garcia: Well, two points I would like to make to that said point you just made. First, this is
for private property only, and second this would have to go through a Special Exception permit.
Commissioner Plummer: Well, you know, I have no problem with that. I think it would give
them some regulatory kind of procedure. But, I just seriously question that we really accomplish
181 January 27, 1998
anything when these guys can go down there and just do whatever they want to do. It just seems
to me, very, very, unfair on public property that they can go down there and be a detriment to
the... to retail merchants. And, I think its' wrong.
Mr. Garcia: Again, this applies to private property only, sir.
Commissioner Plummer: This is on private property?
Mr. Garcia: Yes, sir.
Commissioner Plummer: OK, I hear you. I move it. I mean, you know, it's... maybe we are
spinning our wheels, but I'll move it. Ted wants to speak, Ted speak.
Mr. Ted Stahl: Well, I would like, also, the others to speak if they are going to speak first.
Commissioner Plummer: We are not deferring, we are approving it.
Mr. Stahl: You are approving to have vending on private property?
Commissioner Plummer: Yeah. For any side of Cocowalk, we have vending in there.
Mr. Stahl: All right, all right. May I present my...
Commissioner Plummer: It's private property.
Mr. Walter J. Foeman (City Clerk): Excuse me. Can I swear you in, sir, first?
Mr. Stahl: Yes.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Stahl: Yes. I have presented this before the Planning Advisory Board two times. They have
denied it both times. Let me present my argument. It has been brought twice. Once it was
denied and Mr. Garcia tried to redo it, brought it back to the Planning Advisory Board, and they
denied it again. And, I have just a few problems that I would like clarified as... This is not
something that is not new to me. As you know, Mr. Plummer, you... going back almost 12 years
ago when we had the problem of vending on private right-of-ways. We went through an
ordinance, Mr. Maxwell knows. This is not... I am a very consistent person on this. This is
nothing new. I have been working on this for ten or fifteen years. We cleaned up the public
right-of-ways by special vending areas. We have ten locations. They are under control. What I
am concerned about is, that there are several vacancies in properties in this community. They
are all over Commodore Plaza. They are now appearing... There are three stores vacant on
Main Highway. These spaces generate tax dollars for this community. These vending spots on
private property are not generating tax dollars. When you have a kiosk that spends four hundred
dollars ($400) a month to operate a business and sell sunglasses. He can go to the wholesale
distributor and by a sunglass for ten dollars ($10). His profit that he has to make at a kiosk
paying four hundred dollars ($400) a month, is very little. He can make a profit. The same
fellow that is paying four or five or six thousand dollars ($6,000) in tax dollars to rent a store
generating tax dollars, he cannot sell the same eye glass that buys from the same wholesale for
the same price. It is impossible. That is not competitiveness, that's disaster. That's wrong, and
that is what's going to happen. Excuse me. I am not finished. I have been sitting here since
three and I know you have too, and I just want to get some things across. There is no code
182 January 27, 1998
enforcement. After 4 o'clock, we do not have code enforcement. On the weekends, we do not
have code enforcement. When you go to a police officer and ask him for the assistance when
something is wrong on public right-of-ways, will even become more difficult on private
property. You can present the ordinance in black and white to a police officer, and show them
that they are breaking the law, they will do nothing. It's not important. And, the other problem
we have in our community is, we don't have a steady police patrol that is here every night and
understands our problems. There is a new officer every weekend. That officer is... not that he
doesn't want to enforce the law, he doesn't understand it. It's not important to him, so these
problems happen.
Commissioner Plummer: Code Enforcement.
Mr. Stahl: We have at least ten... I am concerned what this is going to develop into. We have
too many vacancies, and we are going to have also problems when Bakery Center is built. We
are talking about another shopping center in the Gables here. We are talking possibly another
shopping center that will be built on Brickell by 2000. I am concerned what these stores that are
going vacant. They generate tax dollars. We need tax dollars. I have heard you mention four or
five times today, sitting here since 3 o'clock. We need money. How do you generate money
with empty stores?
Chairman Hernandez: Thank you.
Mr. Stahl: They stand before... They go to the tax evaluation board to get their taxes lowered
because they are not making money to pay their taxes. This is wrong, and now you are taking
public walkways that have been given bonuses to be created in these developments and filling it
up with retail.
Commissioner Plummer: No, no, no, no.
Mr. Stahl: Yes, yes, yes, yes.
Commissioner Plummer: Not on public... We are not talking public, we are talking private
property.
Mr. Stahl: We are talking about private, private. Well, I am not talking about public at all, right
now. I am talking about private. You are adding more retail into a confined area when we have
vacancies all over Commodore, we have vacancies appearing down Main Highway that generate
tax dollars. It would be better to be consistent about filling these stores up to generate money
than adding more retail in these, and then they are saying in here that they are going to supply a
parking space. Where is that parking space...? It's just going to be another phantom parking
space, and that phantom car is going to end up in our neighborhoods, and it is happening all over
the place. I think that to even allow this to happen is wrong. It is wrong.
Chairman Hernandez: Thank you, sir. Are you going to speak, sir?
Mr. Ron Nelson: Yes, just quickly.
Chairman Hernandez: Yes. Two minutes, please.
Mr. Nelson: Yes, Ron Nelson, 2535 Inagua. I think, I heard Ted say something, and I don't
know if people understood it. What he is talking about is we have buildings in Coconut Grove,
in other parts of Miami, I am sure, that were granted Special Exceptions if they were to provide
open sidewalk space to help make the sidewalks wider and more accessible to people. If they
would do that, we would grant them some Special Exception, and an example is the Specs
183 January 27, 1998
Building and I think the Just for Feet Building got that as well. Now, we are saying, we granted
you this exception that you provide open space for the Coconut Grove and for the people and
now we are going to say in this space, you can now fill it with carts. And, I think that was the
point that Ted was trying to make. That, you... they had to make the space in order to build the
building that they want to build, now they can fill space up with retail. That's not the intent of
granting them that exception. And, so, I think maybe you understand that point now. And, so
you have to look at each place and say, OK, we gave them an Special Exception, in that Special
Exception they had to provide empty space for people, therefore we can't give them kiosks. But,
if someone else has a building like Cocowalk or Mayfair who does have empty space within the
confines of their building, and can put a cart there, well, maybe then they should. But, it's...
Now, you are getting very picky and very technical, and you are giving it to some people and not
others. So, I don't think it should be passed.
Commissioner Plummer: OK, you make a good point. And, why can't we just do this, that each
application would have to be a Special Exception and heard by this City Commission?
Chairman Hernandez: We have a... Go ahead, sir.
Mr. Garcia: Yes. Just to mention briefly to the Commissioner's question, that is the way we are
proposing it presently.
Chairman Hernandez: That's how you are proposing it right now.
Mr. Garcia: Yes, sir.
Mr. Stahl: And, a typical example that happened with that...
Chairman Hernandez: Right?
Mr. Stahl: ... was, at Specs Building when they denied... they denied Specs to put up a building,
and in three days to a Special Exception, they put a monstrosity out there that was not attractive.
And, even their department said that they overlooked it, and it went by... And, that's quite
something else. Just a Special Exception. If they take the time to review it very carefully, and
there are rules and regulations to be put down for those carts, fine. But, you are opening a can of
worms in this community if you start letting private properties start filling up these public spaces
with these kiosks.
Chairman Hernandez: Thank you. We have a first reading ordinance, we have a motion and a
second. Can you read the ordinance please?
Commissioner Plummer: Do these people want to speak?
Mr. Jay Windsor: Yes, I would like to speak.
Chairman Hernandez: Oh. Please.
Mr. Windsor: My name is Jay Windsor, 2911 Grand Avenue, Streets of Mayfair. I had a
question about the issue of the Special Exceptions as to whether each time we needed... we put in
a new vending cart of a base of existing carts, do we have to come in for a Special Exception or
would there be a possibility of doing an overall master plan for the project with a list of
acceptable types of carts that would be allowed at the property?
Mr. Garcia: Well, this ordinance anticipates and very clearly specifies two things. One, they
must obtain a Special Exception. First, the open space must qualify in the measures and size,
184 January 27, 1998
and so forth to be eligible to apply for the Special Exception. Second, the application for the
Special Exception shall include a master plan for the location of all those vending carts and must
meet before it goes to the Zoning Board, must meet the standards and guidelines that have been
set forth for these application. And, they are very strict, by the way.
Commissioner Plummer: So, the simple answer to his question is, yes.
Ms. Slazyk: Yes.
Mr. Garcia: Correct.
Commissioner Gort: I have two questions. My understanding is, and it was brought up in here,
that we allowed some additional bonus for people to provide open spaces. That will be taken
into consideration, that the open spaces are being utilized that you are proposing is not part of the
bonus that they have received because they have already received the benefit.
Mr. Garcia: Yes, that is correct. If I understand your question correctly, it has two parts to it.
First, these vending carts will be made to provide parking requirements as any other store would
be in the shopping center. Second, anything more directly in answer to your question, the spaces
if left vacant our studies show are not as effective as if populated albeit sparsely with these
vending carts. The effect it has in our studies of the people in Coconut Grove is this. You are
walking by the sidewalk and you walk right pass Coco Walk, to name one of the establishments,
if you see a blank open space, you are not invited into that space. However, if you see some
kiosk and you may like some of the merchandise in those kiosks, you walk in and then you are
exposed to the whole realm of the stores that are inside and you are more likely the to become a
customer in these stores. Planning wise, we feel it works very well and we would like to try it
out.
Commissioner Gort: Well, then let me ask you a second question. Planning wise you are doing
this for this area, the open spaces. What are we doing for the other businesses to do the same
attraction and ask the people to come in? Because, the problem, let me tell you something, Mr.
Manager, I think we need to look at our vendors ordinance because there is a lot of vacancy, not
only in Coconut Grove but through all the City of Miami. And, this is something we need to
look at because that expanding... vendors, illegal vendors and all over the City. This is
something we really need to look into it, because right now we have a lot of vacancy in
commercial properties all through the City, and we really need to analyze and look into this.
Ms. Julie Feinberg: My name is Julie Feinberg, and I hear on behalf of Cocowalk and I do agree
with what Jay said as far as having some type of master plan set in place for special exceptions.
And, we would like to be part of the planning for that so we know what the exact requirements
are since it does cost a good amount of money to come for special exceptions, and also I would
like to address a few things that Ted said. My push carts at Cocowalk do pay sales tax. They do
pay more than four hundred dollars ($400) a month in rent. And, also the push carts are... we see
them as, you know, incubator businesses that one day a push cart can grow enough to take over
an inline tenant space. And, that's ultimately something that, you know, we try to push and we
try to help them. So, hopefully, one day that they can become inline tenant space somewhere in
Coconut Grove.
Chairman Hernandez: Thank you.
Commissioner Plummer: Find out before the second reading. But, you know, Ted Stahl makes
a good point. Four hundred dollars ($400) is rent that goes to you. The City doesn't get
anything out of it. Vacant stores, even though vacant pay ad valorem taxes. But, if they don't get
tenants, they tear the store down.
185 January 27, 1998
Chairman Hernandez: Can you read the ordinance please? This public is closed.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, THE ZONING
ORDINANCE, BY AMENDING ARTICLE 6, TO ADD NEW SECTION 602.4.1.3,
ENTITLED "SALES DISPLAY AND SERVICE ACTIVITIES WITHIN OPEN OR
PARTIALLY OPEN SPACE," TO MODIFY EXISTING PROVISIONS AND ALLOW
CERTAIN COMPONENTS OF SAID USES BY SPECIAL EXCEPTION AND CLASS
II SPECIAL PERMIT WITHIN OPEN SPACE FOR THE SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
186 January 27, 1998
----------------------------------------------------------------------------------------------------------------
45. CONTINUE TO SCHEDULED MEETING OF MARCH 24, 1998,
CONSIDERATION OF AGENDA ITEM PZ-27 (PROPOSED FIRST READING
ORDINANCE: AMEND ARTICLE 9, SECTION 920.2.2 OF ZONING
ORDINANCE -- SET FORTH REGULATIONS ALLOWING STORAGE OF
RECREATIONAL VEHICLES IN FRONT YARDS -- APPLICANT:
PLANNING AND DEVELOPMENT).
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: PZ-27.
Commissioner Plummer: This is what that lady was asking about.
Chairman Hernandez: She is there in the front row.
Mr. Francisco Garcia (Principal Land Development Specialist): Yes, PZ-27 is the item that has
popularly come to be known as "Boats in front yards." This is basically a proposal that we are
recommending denial for. If approved, it would allow recreational vehicles and boats to be
stored in front yards. Although, in compliance with certain regulations that we put forward here.
What we have...
Commissioner Gort: Excuse me. Let me ask a question?
Mr. Garcia: Yes, sir.
Commissioner Gort: Who is the applicant?
Mr. Garcia: The City is.
Chairman Hernandez: The City of Miami is.
Commissioner Gort: Are you recommending denial?
Mr. Garcia: Yes, sir.
Commissioner Gort: So, you are denying your own application?
Mr. Garcia: We are proposing this application because we were instructed by the City
Commission after a personal appearance to place... to prepare an item.
Commissioner Regalado: Mr. Chairman, I have received a lot of calls from people in my
district, and on both sides of the fence there are many, many people. Miami is a City of workers
and many of them have boats. I would ask you to maybe call a public hearing on this issue or
defer this for future meetings. Because, I don't think that the people of Miami understand
exactly what is going on in terms of what we want to do.
Commissioner Plummer: It sounds like another July 28th to me.
Chairman Hernandez: Is that a motion to defer?
Commissioner Regalado: I would... Yes, I would ask a motion to defer. Not... not for six
months. I would think...
187 January 27, 1998
Chairman Hernandez: March.
Commissioner Regalado: ... that we can bring it as soon as possible in March and decide.
Ms. Norma Post: May I speak?
Chairman Hernandez: Yes, ma'am, you can speak. You can speak. Just a second. Get to the
microphone, and step up to the microphone. There is a... Before you speak, ma'am. There is a
motion on the floor to defer, is there a second?
Mr. Maxwell: Is this to March?
Commissioner Plummer: Second, for discussion.
Chairman Hernandez: Till March 24th.
Mr. Joel Maxwell, Esq. (Interim City Attorney): On that one you should continue, sir.
Chairman Hernandez: All right.
Mr. Maxwell: Continue it, then you won't have to readvertise.
Chairman Hernandez: Motion for a continuance until March 24th.
Mr. Maxwell: Yes, sir.
Chairman Hernandez: There is a second by Commissioner Plummer. Under discussion.
Ma'am, please state your name and address, please.
Ms. Post: My name is Norma Post. I live at 2061 Tigertail Avenue, and I am frozen. I was
afraid my brain wouldn't work anymore. There isn't any hardship in a case like this. You can
now park a boat on the side and at the back of the house. This is specifically requesting that it be
in the front of the house. And, what we are very much concerned for, and I would like to know
how many people you need for a petition because I'll be glad to bring it to you. We are
concerned that this is going to create a slum. If you can picture a boat on a trailer in front of
every house along a block, to me that is a slum. And, with the taxes that we are paying at this
time, I don't think that we have to... by living in a slum area. So, I don't see any hardship for
anyone that has a boat. You can park your boat on your property, put it in your garage, on your
side yard, in the back. Why we have to make an instant slum, I just cannot understand this.
Because, if one person can put a boat in front of their house then everybody on the block can.
Chairman Hernandez: Thank you, ma'am. We are not going to be making a decision to today
on this.
Ms. Post: Right.
Chairman Hernandez: But, we will be continuing this matter 'till March 24th, if you would like
to come...
Ms. Post: And, may I add also, please? Excuse me, for interrupting you, but this is part of an
ordinance that includes recreational vehicles. And, if you can park a boat on a trailer, in front of
the house, why cannot the other people come forward and say, why can't I put my mobile home
which is like the length of a train in front of my house as well, or any other recreational vehicle.
188 January 27, 1998
Commissioner Gort: J.L. has got one in the front of his house.
Commissioner Plummer: No, that's not true. You are lying. Don't... Stop that.
Ms. Post: Well, you can't trade ours, I think, to pack it and unpack it.
Chairman Hernandez: Thank you, ma'am.
Commissioner Plummer: Mine is not in the front. Mine is in the back yard.
Ms. Post: That's where it's permitted to be.
Chairman Hernandez: Thank you, very much for being here.
Ms. Post: Thank you.
Chairman Hernandez: Thank you.
Commissioner Plummer: And, it's only half a train.
Chairman Hernandez: There is a motion and there is a second. All those in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-112
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ-22 (PROPOSED
AMENDMENT OF ZONING ORDINANCE TO INCLUDE THAT PORTION OF
ADJACENT G/I DISTRICT BOUNDED BY MAIN HIGHWAY, CHARLES AVENUE
AND WILLIAM AVENUE IN "COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT - OFF -SITE PARKING") TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR JULY 28, 1998 AFTER 2 P.M.; FURTHER
DIRECTING THE ADMINISTRATION TO ESTABLISH A WORKING GROUP TO
STUDY AND REPORT TO COMMISSIONER PLUMMER ON A MONTHLY BASIS
ON THE PROGRESS OF PROPOSED PARKING GARAGE FOR THE COCONUT
GROVE PLAYHOUSE.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
189 January 27, 1998
----------------------------------------------------------------------------------------------------------------
46. FIRST READING ORDINANCE: AMEND ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, OF ZONING ORDINANCE --
MODIFY REGULATIONS FOR CENTRAL BUSINESS DISTRICT TO ADD
WHOLESALE USES WITH LIMITATIONS ON GROUND FLOOR
PEDESTRIAN PATHWAY STREETS -- APPLICANT: PLANNING AND
DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 28.
Commissioner Plummer: Mr. Chairman, we are going to have pocket items. Now are we going
to go through this whole, darn agenda. I am sorry, this whole agenda.
Commissioner Gort: There is very little left.
Chairman Hernandez: Yes.
Commissioner Gort: There is very little left, and now we are going to have it on the 26th.
Chairman Hernandez: We only got a couple left.
Commissioner Plummer: I keep hearing this call from Maria's restaurant on Coral Way begging
me to show up. I mean, don't you like to eat, Mr. Chairman?
Chairman Hernandez: Paid political ad.
Commissioner Gort: J.L., you should get used to Miami. In Miami you eat dinner about 10
o'clock at night.
Commissioner Plummer: The Greeks eat dinner at seven, and this is a Greek restaurant.
Chairman Hernandez: Are you trading all of this?
Commissioner Gort: Are we all invited.
Commissioner Plummer: It is your turn to pay.
Chairman Hernandez: I owe you.
Commissioner Gort: And, we got a CRA (Community Redevelopment Agency) meeting too.
Chairman Hernandez: Yeah.
Commissioner Plummer: All right, let's more. Let's get out of here, come on. I am hungry.
Chairman Hernandez: PZ-28.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): Right, PZ-28. This is an
amendment to allow wholesale activities conditionally within CBD (Central Business District).
Commissioner Plummer: First reading, I move it.
190 January 27, 1998
Vice Chairman Teele: Second.
Chairman Hernandez: Moved by Commissioner Plummer, second by Vice Chairman Teele.
Read the ordinance, please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
MODIFY THE LIST OF PERMITTED PRINCIPAL AND CONDITIONAL
PRINCIPAL USES IN THE "CBD" CENTRAL BUSINESS DISTRICT RELATING TO
GENERAL WHOLESALE ACTIVITIES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Vice Chairman Teele, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
191 January 27, 1998
---------- -----------------------------------------------------------------------------------------------------
47. FIRST READING ORDINANCE: AMEND ARTICLE 9 OF ZONING
ORDINANCE -- INTRODUCE SECTION ENTITLED "VENDING ON
PRIVATE CONSTRUCTION SITES" --- SET FORTH REGULATIONS TO
ALLOW VENDING VEHICLES ON PRIVATE CONSTRUCTION SITES
PRIOR TO CERTIFICATE OF OCCUPANCY -- APPLICANT: PLANNING
AND DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: PZ-29.
Commissioner Plummer: What is this, the roach coach?
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Development): Yes, on construction sites we
put a lot of conditions...
Commissioner Plummer: But, why do you need an approval to put these damn things on a...
Ms. Slazyk: The thing is...
Commissioner Plummer: ... these damn things on a construction site?
Ms. Slazyk: Because, right now, on private property there is no other way to do it.
Commissioner Plummer: Oh, come one, you guys.
Ms. Slazyk: This will be only through CO (Certificate of Occupancy). There is a ton of
conditions on here to make sure that it's only prepared foods. It's only when active construction
is going on.
Commissioner Plummer: But this is... This is not for permanent, this is just to drive a truck in
and drive a truck out?
Ms. Slazyk: Yes, yes. Unfortunately, it came up as a problem on construction site.
Commissioner Gort: Move it.
Ms. Slazyk: We have construction going on again in downtown, and there...
Commissioner Plummer: Unbelievable.
Chairman Hernandez: Motion by Commissioner Gort.
Commissioner Plummer: Second.
Chairman Hernandez: Second by Commissioner Plummer. Read the ordinance please.
[AT THIS POINT, THE CITY ATTORNEY READ ,THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Commissioner Plummer: Call the roll.
192 January 27, 1998
Commissioner Regalado: Roll call, please.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO INTRODUCE
NEW SECTION 950 TO ARTICLE 9, TO ALLOW LIMITED VENDING ACTIVITIES
WITHIN PRIVATE CONSTRUCTION SITES UNTIL A CERTIFICATE OF
OCCUPANCY IS ISSUED; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
48. FIRST READING ORDINANCE: AMEND ARTICLE 9, SECTION 936:
"CHILD CARE CENTERS" -- MODIFY REGULATIONS FOR PARKING
AND ALLOW REDUCTIONS -- APPLICANT: PLANNING AND
DEVELOPMENT.
Commissioner Plummer: Move 30.
Chairman Hernandez: Motion by Commissioner Plummer.
Commissioner Gort: Second.
Chairman Hernandez: Second by Commissioner Gort. Read the ordinance.
193 January 27, 1998
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Commissioner Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 9, SECTION 936, TO MODIFY THE PARKING REQUIREMENTS TO
ALLOW, BY SPECIAL EXCEPTION, FOR UP TO A 50% REDUCTION IN
PARKING FOR CHILD DAYCARE CENTERS LICENSED FOR OVER 100
CHILDREN, THAT ACCEPT VOUCHERS FOR AND PROVIDE CHILD DAYCARE
SERVICES TO LOW INCOME OR WELFARE RECIPIENTS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
194 January 27, 1998
----------------------------------------------------------------------------------------------------------------
49. DENY REQUEST FOR PROPOSED FIRST READING ORDINANCE TO
AMEND ARTICLES 9 AND 25 OF ZONING ORDINANCE, "ACCESSORY
USES AND STRUCTURES" -- TO ADD BANKING AND TRAVEL SERVICE
USES WITHIN R-3 AND MORE LIBERAL DISTRICTS.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: PZ-31.
Commissioner Plummer: I move to deny. I don't like this one at all.
Commissioner Gort: Second.
Commissioner Plummer: I really don't. To add more to residential areas of banking and travel
agencies.
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Dept.): Well, this is for... Right now, it's
already allowed in R-4. There is 100 units or more on the property.
Commissioner Plummer: I don't want it.
Ms. Slazyk: This would do the same for 100 units or more in an R-3.
Commissioner Plummer: No. Move to deny.
Commissioner Gort: Moved and second.
Chairman Hernandez: There is a motion by Commissioner Plummer, seconded by
Commissioner Gort. Read the ordinance.
Mr. Joel Maxwell, Esq. (Interim City Attorney): It's a motion to deny, sir.
Commissioner Plummer: That's correct. You don't need to read the ordinance.
Mr. Maxwell: I don't have to read it.
Chairman Hernandez: There is a motion and a second. Roll call, please.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-113
A MOTION TO DENY PROPOSED ORDINANCE TO AMEND ZONING
ORDINANCE BY ADDING ACCESSORY BANKING AND TRAVEL SERVICE
USES CONDITIONALLY WITHIN R-3 AND MORE LIBERAL DISTRICTS.
195 January 27, 1998
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
50. FIRST READING ORDINANCE: AMEND ARTICLE 6, SECTION 606.8:
"CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT" -- MODIFY
PROVISIONS REGARDING SETBACKS AND CLARIFY OTHER
SUBSECTIONS -- APPLICANT: PLANNING AND DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: PZ-32.
Commissioner Plummer: First reading, I move it.
Chairman Hernandez: Moved by Commissioner Plummer. Is there a second?
Vice Chairman Teele: Second.
Chairman Hernandez: Second by Vice Chairman Teele. Read the ordinance, please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 6, SECTION 606.8, TO MODIFY PROVISIONS REGARDING SETBACKS
WITHIN THE CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT; FURTHER
AMENDING SUBSECTION 606.3.2, TO MODIFY THE CONSIDERATIONS IN
CLASS II PERMIT DETERMINATIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
196 January 27, 1998
was introduced by Commissioner Plummer, seconded by Vice Chairman Teele, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------
51. FIRST READING ORDINANCE: AMEND ARTICLE 6, SECTION 602.10.1
OF ZONING ORDINANCE -- MODIFY METHOD OF PAYMENT FOR
SUPPLEMENTARY PARKING WAIVERS OF OFF-STREET PARKING FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT --
APPLICANT: PLANNING AND DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: PZ-33.
Commissioner Plummer: Does this come with the recommendation of the Advisory Board?
Mr. Francisco Garcia (Principal Land Development Specialist/Planning Department): Yes, sir.
To approve
Commissioner Plummer: I move it.
Commissioner Gort: Second.
Chairman Hernandez: Moved by Commissioner Plummer, second by Commissioner Gort. Read
the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Roll call.
197 January 27, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 6, SECTION 602.10.1, TO MODIFY THE METHOD OF PAYMENT FOR
SUPPLEMENTARY PARKING WAIVERS OF OFF-STREET PARKING FOR THE
SD-2 "COCONUT GROVE CENTRAL COMMERCIAL DISTRICT;" CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
52. FIRST READING ORDINANCE: AMEND ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS OF ZONING ORDINANCE --
ALLOW FOR HOTEL USES WITHIN PORTION OF R-4 ZONING DISTRICT
ALONG BRICKELL AVENUE CORRIDOR AT S.E. 25TH ROAD
INTERSECTION -- FURTHER TO HOTELS AND MOTELS TO BE
PERMITTED BY CLASS II SPECIAL PERMIT RATHER THAN BY SPECIAL
EXCEPTION -- APPLICANT: PLANNING AND DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: PZ-34.
Commissioner Plummer: I would like to see this still be a hearing before the Zoning Board and
the Planning Board. What's wrong with that? Why should you make it...? You are going to
have a 30-story hotel, and you are not going to have a hearing on this for the public to hear it?
Ms. Lourdes Y. Slazyk (Asst. Director/Planning Department): Well, they are permitted by right,
right now in C-1. In C-2, it requires a Special Exception and it's actually a more liberal district.
Within the City, we have intermittent C-1 and C-2, and it is... it's become a hardship. I have had
198 January 27, 1998
several people come speak to me about hotels in C-2, and they wonder why in C-1 they can do it,
and in C-2 they need a Special Exception, especially since they are so intermittent within the...
Commissioner Plummer: All right, I am not going to argue tonight. It's late, all right. I am
going to move it on first reading, but I am not happy with it, you better come convince me before
the second reading, because if not, I am going to have to say to... say, bye-bye.
Commissioner Regalado: Second.
Chairman Hernandez: Moved by Commissioner Plummer, second by Commissioner Regalado.
Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY
INTO THE PUBLIC RECORD.]
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: I am quite of late, but I have got a question. Are we saying we are going to
permit this under R-4?
Ms. Slazyk: This is... R-4 already allows hotels. Years ago, in the Brickell Avenue Corridor
between 15th and 25th, it was specifically prohibited because the Brickell Homeowners
Association requested that of you. This would be at the intersection of Brickell and 25th to
remove the prohibition from that particular piece of property and they are in favor.
Commissioner Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
ALLOW HOTELS, CONDITIONALLY, WITHIN THAT PORTION OF THE "R-4"
ZONING DISTRICT ALONG THE BRICKELL AVENUE CORRIDOR AT ITS
INTERSECTION WITH SOUTHEAST 25TH ROAD; FURTHER, TO ALLOW
MOTELS AND HOTELS BY CLASS II SPECIAL PERMIT IN THE "C-2" LIBERAL
COMMERCIAL DISTRICT; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
199 January 27, 1998
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
THEREUPON, THE CITY COMMISSION, UNDER AUTHORITY OF SECTION 163.01,
FLORIDA STATUTES, AND PART III, CHAPTER 163, FLORIDA STATUTES,
CONSTITUTED ITSELF AT 8:58 P.M., AS THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, IN ORDER TO
DEAL WITH THE FOLLOWING ISSUE:
----------------------------------------------------------------------------------------------------------------
53. (A) COMMENDATION OF HERB BAILEY, RETIRED EXECUTIVE
DIRECTOR OF CRA (COMMUNITY REDEVELOPMENT
AGENCY).
(B) APPROVE BUDGET FOR COMMUNITY REDEVELOPMENT
AGENCY FOR SOUTHEAST OVERTOWN/PARK WEST AND
OMNI DISTRICTS.
(C) ENGAGEMENT OF KPMG PEAT MARWICK AND WATSON -
RICE AS AUDITORS OF CRA FOR SEOPW AND OMNI DISTRICTS
RESPECTIVELY.
(D) ENGAGEMENT OF PLANNING / ARCHITECTURAL FIRM --
MODIFY EXISTING BOUNDARIES OF SEOPW / CRA.
(E) ISSUE REQUEST FOR QUALIFICATIONS FOR PLANNING AND
ADMINISTRATIVE SERVICES TO CRA.
(F) AUTHORIZE THREE POSITIONS ON STAFF OF CRA AND
RECRUIT / HIRE FOR SAME.
----------------------------------------------------------------------------------------------------------------
Board Member Plummer: Are we on pocket items? I make a motion... We have a special
problem. Mr. Manager.
Board Member Hernandez: Before we get to the pocket items...
Board Member Plummer: I am sorry.
Board Member Hernandez: ... and, this was my fault that even after I announced it, I totally
forgot about it when we got into the PZ (Planning and Zoning) items. Remember, we do have a
CRA (Community Redevelopment Agency) meeting that we were supposed to...
Board Member Plummer: Well, you want to... I'll wait.
Vice Chairman Teele: ... take them up at six o'clock. I would like to pass the gavel at this point
in time to the Chairman of the CRA, Vice Chairman Teele.
Mr. Joel Maxwell (Interim City Attorney): Mr. Chairman...
Board Member Teele: Mr. Chairman.
Board Member Hernandez: Recess.
Mr. Maxwell: ... you need to recess the meeting of the Commission and then...
200 January 27, 1998
Board Member Hernandez: We are going to be recessing from the regular Commission agenda
meeting and join in progress the start of the CRA Board.
Board Member Teele: Thank you, and Mr. Chairman, as Commissioner Plummer and others
have noted, the CRA properly should meet at a different date and time. This is a house cleaning
matter. These are administrative matters related to the organization. The first three items on the
agenda have already been considered and approved by the City Commission. The first one
relates to the budget that was previously approved on September 23rd of 1997, as a part of the
budget. The third... The second one relates to the engagement of the External Auditor which
was approved by City Commission ordinance on 98, number 98-87, and the third...
Board Member Plummer: Oh, this is the one that over charges in...
Board Member Teele: Yeah, but I think we need to be careful because, I mean, we are not going
to be able to get an external auditor. We are suing the previous one and we are...
Board Member Plummer: How much are they charging for this one?
Board Member Teele: I don't know, but I would imagine it will be extensive because of the
nature of the engagement.
Board Member Plummer: Well, let me tell you, based on what they did with this City today, I
would like before they are engaged to have a price of what they are going to charge.
Board Member Teele: Well, they will, and the only way they can do that is get the engagement,
and they will come back and submit it, and I will agree to submit that to the CRA Board.
Board Member Plummer: Absolutely, and we will approve "yes" or "no."
Board Member Teele: Mr. Friedman, would you mind, please coming forward as counsel to the
CRA? In any event, we are serving, sitting as a CRA Board. The fourth and fifth items are
items that basically relate to the housecleaning. Just so that it's very clear, the six employees of
the CRA, and I'll pass them out now so that we don't have to have a general discussion about
personnel, are all exempt or unclassified persons. They all are funded from CDBG (Community
Development Block Grant) funds. All six of these persons apparently have made other
arrangements to come back into the City and I would specifically note that the source of funding
is of particular concern, in that we are looking at the audit. What we are proposing to do is under
number four, is to go out for a Request for Qualifications in connection with inviting interested
Planning and Development firms to provide technical assistance and administrative services. I
don't want to use the term "privatizing" but we will involve a private operator, and the other two
would be that we would use two classified positions which would be done by personnel for the
purpose of having City employees. Currently, you have the list of people, the dollars are all the
same, but what we are doing is, we are going to stop the CRA from becoming a deposit ground
for persons that may not have a job anywhere else. Those... The two persons that will be there
will be career people. They would be advertised Citywide and will be selected based upon their
qualifications and merit. The one person would be in effect, the board secretary or the only
exempt person which would be our unclassified position. The six people that are there now, we
have all made arrangements for the Manager and his staff are making arrangements for, and
obviously this would be phased in. So, that's the only basic new item and I would ask... Mr.
Bailey has retired and I do believe that he a retirement party, but I do think it would be
appropriate if we would invite him to come to the City and receive appropriate commendation
and awards more consistent with the level of service that he gave particularly in a difficult period
of time.
201 January 27, 1998
Board Member Hernandez: I gave him a proclamation, for the record, at this retirement party on
behalf of the City. That's just for the record.
Board Member Teele: Exactly.
Board Member Hernandez: But, I think we should bring him before the entire Commission.
Board Member Teele: And, I would really would like to do that. I should also add that Mr.
Friedman who is our special counsel, who has been with the CRA for some...
Mr. Robert Friedman (Counsel for CRA): Nine years.
Board Member Teele: ... Nine years, is continuing in that outstanding role that that firm has
provided. And, that will be a large part of the continuity. It's our hope that at least one of the
existing staff will be in a position to competitively bid for a position, but there will be no
assurances of any of that. With that, the budget has been previously approved. The engagement
has been previously approved. The selection of an architect from the pool and basically, as you
know, Commissioner Plummer, a major... A major concession was gained today when the
Miami Heat which had previously agreed privately, agreed to support our efforts to move the
CRA, adjust the CRA boundaries. And, they have not only pledged to do that, but we are talking
to them about making a substantial seven figure voluntary payment in lieu of taxes as we move
down the road. Before we say anything, I would like to ask just very briefly for Mr. Kaplan who
has been here all day and he is not being paid, because they are part of the pro bono team by the
Manager... by the City, to give a very brief statement of the overall condition related to the very
fragile position of the CRA.
Mr. David Kaplan: David Kaplan, Managing Director of Prudential Securities. It's essentially
that. The CRA's financial condition to me, its debt service and its loan payments, you know,
after our preliminary and cursory review, does not look all that well. We would like to come
back to you in a couple of weeks after you have had a chance to talk to the auditors and give you
a formal report.
Board Member Teele: I think it's fair to say that the TIF, the Tax Increment District from
Overtown / Park / West generates about two hundred and twenty-five thousand dollars
($225,000). That amount is expected to go down to about one hundred and ninety-eight
thousand. dollars ($198,000). In addition, the obligations of the Tax Increment District and the
CRA are approximately six hundred thousand dollars ($600,000), three hundred thousand...
What's the bond number?
Mr. Kaplan: The amount outstanding?
Board Member Teele: The annual bond payment. It's three hundred thousand? Five hundred
thousand and the payment only the 108, is four hundred thousand. So, we have a nine hundred...
nine hundred thousand dollar ($900,000) a year commitment against revenues of two hundred
thousand dollars ($200,000). And, I think it's very important, J.L., that we all understand that
today we have a nine hundred thousand dollar ($900,000) commitment not including opening the
doors and paying staff, and we have a two hundred thousand dollar ($200,000) revenue stream.
So, we obviously are going to have to work very hard to bring on line new revenues and some
restructuring. And, one of the reasons that I have continued to raise the issue of the six million
dollars ($6,000,000) that has been diverged from the CRA is that the CRA really needs to get
that money back, but we won't take that up today.
Board Member Plummer: I understand that, but...
202 January 27, 1998
Board Member Teele: In effect the two matters which have not come before the Commission,
the number four and number five, at least the number five item is the one item in which
obviously I think the Manager and his staff would have an... should have an opportunity to fully
review, and I would ask as a convenience, as an accommodation if Commissioner Regalado
would move the five items at this time...
Board Member Regalado: Absolutely, Mr. Chairman, I will...
Board Member Teele: ... for purposes of discussion.
Board Member Hernandez: Under discussion.
Board Member Regalado: I will move...
Board Member Teele: You want to pull out one of the items?
Board Member Hernandez: No, I don't want to pull anything, I just want to bring an issue that I
have.
Board Member Teele: Moved by Commissioner Regalado.
Board Member Hernandez: Yes.
Board Member Teele: Seconded by Commissioner...
Board Member Hernandez: Second.
Board Member Teele: ... by the Chairman Hernandez for discussion.
Board Member Hernandez: It's more of a question, really, for the City Manager, and I have a
question on these members, the staff members. At this point in time what we are looking at is
that the City of Miami would actually absorb these employees and, then, the CRA would be re-
employing different people. How many are you calling for, Chairman Teele?
Board Member Teele: In effect, we are talking about two people. Let me tell you the most
important thing on this sheet of paper, it is the funding source.
Board Member Hernandez: Right. That's my...
Board Member Teele: And, part of my concern, and there is a strong disagreement within the
management and within the Law Department and with myself that on a reoccurring basis, CDBG
(Community Development Block Grant) funds that are not used as administrative funds for City
employees raises some questions. I am very uncomfortable and have been uncomfortable and I
shared that with the previous manager and with the current management team, and Frank
Castaneda, in fairness to him, has a strong disagreement with me on it that these people should
not be employed unless they are charged against the administrative cap. The problem is, we are
already at the administrative cap. Now, at least three departments, most notably Parks
Department and the Community Development Department have indicated informally that they
can absorb people that are here. And, one person, I think from Planning, Planning and
Development. So...
Board Member Plummer: That's your decision.
Board Member Hernandez: But...
203 January 27, 1998
Board Member Teele: But, but again, what we are doing here is not transferring anyone,
although the resolution that was approved by the five year plan does require that these people be
dealt with. And, one of the problems has been for the last year there has been a tremendous
amount of tension and anxiety because no one knows where they are and it's really not fair to the
employees. The only thing that I am asking is that the CRA adopt this and ask the Mayor...
Manager which would have to be approved subsequently by the City Commission for an action
on the two items or the one item which is relating to the establishment number five.
Board Member Hernandez: Mister...
Board Member Plummer: Are you saying that of these six on this sheet here, three of them will
be retained by CRA...
Board Member Teele: No, sir.
Board Member Hernandez: No.
Board Member Plummer... or all six of these will be returned to the...?
Board Member Teele: It's our intension that all six of them would be retained... would be
returned.
Board Member Hernandez: Well, Herb Bailey is retiring. It's five, it's five.
Board Member Teele: Five. And, in fact, you know, we had to work through which budget
code, Mr. Bailey's benefits hit because one of... If they had done what they were talking about,
then we would have had a real problem with USHUD (United States Department of Housing and
Urban Development).
Board Member Hernandez: Mr. Manager, what...?
Mr. Jose Garcia -Pedrosa (City Manager): Yes, sir. Mr. Chairman, my concern is, I'm not... I
don't know that any arrangements have been made to absorb what looks at the first brush to be,
oh, about two hundred and fifty thousand dollars ($250,000) in salaries plus benefits.
Board Member Teele: Well, the purpose of this motion would not be that they would be
transferred but would in effect be a request of the Manager, so that when it comes before the
City Commission, you would be in a position to respond to that. We are the CRA board now...
Board Member Hernandez: Right.
Board Member Teele: ... not the City Commission Board.
Mr. Garcia -Pedrosa: I understand that.
Board Member Teele: So, what we are doing is, by doing this we are asking you to look at this
and to report back, obviously at the time it comes before the City Commission, you would have
the right to say we don't have a room for them.
Mr. Garcia -Pedrosa: Well, it's not only a matter of room, it's a matter of funding and I... I don't
know, I have been trying to get the Budget Director to confirm whether...
Board Member Gort: Well...
204 January 27, 1998
Mr. Garcia -Pedrosa: ... any of this was budgeted in the current fiscal year.
Board Member Gort: Mr. Chairman.
Board Member Teele: Yes.
Board Member Gort: My understanding what you are requesting is, that we adopt a policy
where all those people will be dropped. You will be allowed to hire to individuals.
Board Member Teele: That's all we were asking for.
Board Member Gort: OK.
Board Member Teele: We are not moving anyone. And, we are further asking that positions
that become available there would be career positions and that the Personnel Department would
ensure that they are advertised Citywide. So, in effect, we are not... In effect, what you would be
talking about is not what the Manager has just stated but the net would be a net of one, two,
three, four, five people. The net would be three people, not five.
Mr. Garcia -Pedrosa: No, no, because you... these are not any of the two that you are taking up.
Board Member Teele: No, but the net of that would be, we would only hire City employees.
Right?
Board Member Gort: In other words what you are saying is...?
Board Member Teele: They would be career people, they wouldn't be new hires off the street.
Board Member Gort: Within the City.
Board Member Hernandez: Right, right.
Board Member Gort: So, you are transferring two from the City's General Funds to the...
Mr. Garcia -Pedrosa: He wants to transfer five and take back two.
Board Member Gort: Right. So, net is three transfer. Right.
Board Member Hernandez: Right.
Board Member Teele: But, I think it's important, Mr. Manager, so that it's very clear, that at
least three of the people have indicated informally as I went over and met with them on the day
Mr. Bailey left, that they had made arrangements with other departments. One in Parks, one in
Development and one in Community Development.
Mr. Garcia -Pedrosa: Well, I can just tell you that no one informed either the head of Human
Resources nor me about those arrangements, but that doesn't mean they weren't made.
Board Member Gort: Right.
Board Member Teele: Well, the issue here is this. We need to clean up the CDBG funding.
And, I think it is a mistake. You are going to have to do something with them anyway unless
you get a legal determination that it is all right to pay people from the CRA that are City
205 January 27, 1998
employees from CDBG funds and charge it as project cost and non -administrative because that's
one of the issues that they have got on us right now.
Board Member Hernandez: Right.
Mr. Garcia -Pedrosa: Well, the other possibility and I am not suggesting that we are going to do
this, but obviously within the realm of possibilities these are all unclassified people.
Board Member Teele: Right.
Mr. Garcia -Pedrosa: And, if there is no funding for them we don't have to hire them on a City
salary.
Board Member Teele: That's true. That's a decision that only the City would make.
Board Member Hernandez: Right.
Board Member Teele: But, I would- just say as the CRA Chair that I would certainly be hard
pressed to put anyone on the street that has performed in an admirable manner and I would not...
I mean, I would obviously rethink our entire philosophy if we were forced to do that.
Board Member Hernandez: There is a motion and a second on your... I made the motion.
Mr. Joel Maxwell (Interim City Attorney): Mr. Chairman.
Board Member Hernandez: Yes.
Mr. Maxwell: Could I suggest that you take each agenda item separately, please?
Board Member Teele: Yeah.
Mr. Maxwell: A separate vote on each one.
Board Member Teele: Motion by Commissioner Regalado on one... item number one.
Board Member Hernandez: Second.
Board Member Teele: Moved by Commissioner Regalado, second by the Chair. All those in...
Board Member Plummer: Question.
Board Member Teele: Question.
Board Member Plummer: We are talking about a total budget of nine hundred and twelve
thousand dollars ($912,000). Where is the money coming from?
Board Member Teele: Commissioner, the money has to come from the City budget and it has
already been approved. It was voted on before I got here. It was voted on, on September 23rd,
1997.
Board Member Gort: It's part of the budget.
Board Member Regalado: Right.
206 January 27, 1998
Board Member Teele: Now, obviously, if you want to bring it back up again before the City we
can do that, and I will be more than happy to do that.
Board Member Plummer: We got to do it.
Board Member Teele: But, I would also note that, you know, the biggest problem that we have
right now in the City is that we wind up giving away money for projects like the 108 that we just
got a letter back that says, you know, it's not eligible. We got all kinds of non -eligible projects
and I can begin starting with the Bayfront Trust, to find additional money because there are a lot
of ineligible activities that have been funded in the last year.
Board Member Plummer: I'm just asking where the money is coming from.
Board Member Teele: Yeah.
Board Member Plummer: That was my only question.
Board Member Regalado: Mr. Chairman, I have...
Board Member Gort: That was passing the...
Board Member Teele: On the motion all those in favor?
The Board Member (Collectively): Aye.
Board Member Teele: All opposed?
The following resolution was introduced by Board Member Regalado, who moved its adoption:
SEOPW/OMNI RESOLUTION NO. 98-1
A RESOLUTION WITH ATTACHMENTS, APPROVING FISCAL YEAR 1997-98
ADMINISTRATIVE AND OPERATIONAL BUDGET FOR THE COMMUNITY
REDEVELOPMENT AGENCY FOR SOUTHEAST OVERTOWN/PARK WEST AND
OMNI REDEVELOPMENT DISTRICTS, AS ADOPTED BY THE CITY OF MIAMI
ON SEPTEMBER 23, 1997, IN THE AMOUNT OF $912,408; EFFECTIVE
RETROACTIVELY FROM OCTOBER 1, 1997.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Board Member Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Board Member Wifredo Gort
Board Member J.L. Plummer, Jr.
Board Member Humberto Hernandez
Board Member Tomas Regalado
Board Member Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
207 January 27, 1998
Board Member Teele: Item two.
Board Member Hernandez: Move.
Board Member Teele: Moved by the Chair.
Board Member Gort: Second.
Board Member Regalado: Regalado.
Board Member Teele: Second by Commissioner Gort.
Board Member Plummer: OK, the only question that I have here again, is that before they are
engaged, I want...
Board Member Teele: With the amendment that the engagement letter before it's signed by me
will be submitted directly to each Commissioner with an opportunity to object. If there is an
objection we will bring it back, as amended.
Board Member Plummer: Absolutely.
Board Member Teele: All those in favor on the.. as amended, say "aye."
The Board Members (Collectively): Aye.
Board Member Teele: Those opposed?
The following resolution was introduced by Board MemberHernandez, who moved its adoption:
SEOPW/OMNI RESOLUTION NO. 98-2
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF KPMG PEAT
MARWICK TO SERVE AS THE AUDITING FIRM FOR THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT AREA TRUST FUND AND THE
COMMUNITY REDEVELOPMENT AGENCY AND THE ENGAGEMENT OF
WATSON-RICE TO SERVE AS THE AUDITING FIRM FOR THE OMNI
REDEVELOPMENT AREA TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Board Member Gort, the resolution was passed and adopted by
the following vote:
AYES: Board Member Wifredo Gort
Board Member J.L. Plummer, Jr.
Board Member Humberto Hernandez
Board Member Tomas Regalado
Board Member Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
208 January 27, 1998
Board Member Teele: Number three.
Board Member Regalado: Move it.
Board Member Teele: Moved by Commissioner Regalado...
Board Member Hernandez: Second.
Board Member Teele: ... second by the Chair. Is there objection? All those in favor say "aye."
The Board Members (Collectively): Aye.
Board Member Teele: All opposed?
The following resolutions were introduced by Board Member Regalado who moved their
adoption:
SEOPW/OMNI RESOLUTION NO. 98-3
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE COMMUNITY
REDEVELOPMENT AGENCY TO ENGAGE A PLANNING./ARCHITECTURAL
FIRM FORM THE LIST OF QUALIFIED FIRMS UNDER CONTRACT WITH THE
CITY OF MIAMI TO PROVIDE SERVICES TO THE AGENCY.
SEOPW/OMNI RESOLUTION NO. 98-3.1
A RESOLUTION AUTHORIZING THE STAFF OF THE COMMUNITY
REDEVELOPMENT AGENCY, THE COUNSEL FOR THE AGENCY AND THE
PLANNING/ARCHITECTURAL FIRM TO BE ENGAGED BY THE AGENCY TO
WORK WITH THE CITY ATTORNEY OF THE CITY OF MIAMI ON AN
AMENDMENT OF THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PLAN TO MODIFY THE EXISTING BOUNDARIES OF THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA.
(Here follows body of resolutions, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Board Member Hernandez, the resolutions were passed and
adopted by the following vote:
AYES: Board Member Wifredo Gort
Board Member J.L. Plummer, Jr.
Board Member Humberto Hernandez
Board Member Tomas Regalado
Board Member Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Board Member Teele: On item number four, as a request... is a competitive bid. Moved by...
209 January 27, 1998
Board Member Hernandez: Move.
Board Member Teele: .. the Chair.
Board Member Gort: Second.
Board Member Teele: Second by Commissioner Gort. All those in favor say "aye."
The Board Members (Collectively): Aye.
Board Member Teele: Those opposed?
The following resolution was introduced by Board Member Hernandez who moved its adoption:
SEOPW/OMNI RESOLUTION NO. 98-4
A RESOLUTION AUTHORIZING THE PUBLICATION OF A NOTICE OF INTENT
TO ISSUE A REQUEST FOR QUALIFICATIONS RELATING TO A CONTRACT TO
PROVIDE CERTAIN PLANNING AND ADMINISTRATIVE SERVICES TO THE
COMMUNITY REDEVELOPMENT AGENCY AND THE PREPARATION OF A
REQUEST FOR QUALIFICATIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Board Member Gort, the resolution was passed and adopted by
the following vote:
AYES: Board Member Wifredo Gort
Board Member J.L. Plummer, Jr.
Board Member Humberto Hernandez
Board Member Tomas Regalado
Board Member Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Board Member Teele: And, on item number five which is subject again to another action by the
City of Miami Manager and Commission.
Board Member Gort: Move it.
Board Member Teele: It's moved by Commissioner Gort. Seconded by...
Board Member Regalado: Second.
Board Member Hernandez: Me.
Board Member Regalado: Second.
Board Member Teele: ... by Commissioner Regalado. All those in favor say "aye."
210 January 27, 1998
The Board Members (Collectively): Aye.
Board Member Teele: Those opposed?
The following resolution was introduced by Board Member Gort, who moved its adoption:
SEOPW/OMNI RESOLUTION NO. 98-5
A RESOLUTION AUTHORIZING THE CREATION OF THREE POSITIONS ON
THE STAFF OF THE COMMUNITY REDEVELOPMENT AGENCY AND THE
RECRUITING AND HIRING OF THREE EMPLOYEES FOR SUCH STAFF
POSITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Board Member Regalado, the resolution was passed and
adopted by the following vote:
AYES: Board Member Wifredo Gort
Board Member J.L. Plummer, Jr.
Board Member Humberto Hernandez
Board Member Tomas Regalado
Board Member Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Board Member Teele: And, I really want to express my appreciation to the Financial Advisor
that has been here and the outside law firm, Mr. Friedman, because the boundary adjustment is a
major issue and if the arena should be built before we adjust it, obviously we lose any
opportunity to get a tax increment. So, we really got a time problem. The meeting of the CRA...
Are there any other matters to come before the CRA?
Board Member Plummer: Move to adjourn.
Board Member Teele: So moved by Commissioner Plummer.
Board Member Hernandez: Second.
Board Member Teele: Second by the Chair. All those in favor say "aye."
The Board Member (Collectively): Aye.
Board Member Teele: Those opposed?
211 January 27, 1998
The following motion was introduced by Board Member Plummer, who moved its adoption:
SEOPW/OMNI MOTION NO. 98-6
A MOTION TO ADJOURN THE MEETING OF THE REDEVELOPMENT AGENCY
(CRA) FOR THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI
DISTRICTS.
Upon being seconded by Board Member Hernandez, the motion was passed and adopted
by the following vote:
AYES: Board Member Wifredo Gort
Board Member J.L. Plummer, Jr.
Board Member Humberto Hernandez
Board Member Tomas Regalado
Board Member Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None
Board Member Teele: The meeting is adjourned. I yield back to the Chair.
Board Member Hernandez: Thank you.
THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE SOUTHEAST
OVERTOWN/PARK WEST AND OMNI COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF MIAMI, AT 9:16 P.M., ADJOURNED CONSIDERATION OF THE
HEREINABOVE ISSUES, IN ORDER TO RESUME CONSIDERATION OF REGULAR
AGENDA ITEMS.
54. AUTHORIZE CITY MANAGER AND EXECUTIVE DIRECTOR OF
BAYFRONT PARK TRUST TO EXECUTE AMENDMENT TO AGREEMENT
WITH AT&T COMMUNICATIONS, INC. -- FOR SPONSORSHIP OF
MILDRED AND CLAUDE PEPPER BAYFRONT PARK AMPHITHEATER --
EXTEND TERM UNTIL SEPTEMBER 30, 1998.
Chairman Hernandez: Thank you. We are back on our regular Commission meeting.
Commissioner Plummer: A resolution with...
Chairman Hernandez: Pocket item starting to my left, J. L. Plummer.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION IN ITS
ENTIRETY INTO THE PUBLIC RECORD].
Commissioner Plummer: I so move.
Vice Chairman Teele: Second. Where is the money coming from?
212 January 27, 1998
Commissioner Plummer: I am sorry.
Vice Chairman Teele: Second the motion.
Commissioner Plummer: Yeah. Let me just... Let me warn all of you. As you read in this
morning's paper, AT&T is laying off another 18,000 people because of financial problems. We
had hoped to get a five year contract from AT&T for the park as we had had before. They are
only renewing for six months. And, hopefully, they will be able to come up with something by
the end of six months. But, if not, this park is going to be in problems for more subsidy. I am
sorry to tell you that, but I have got to be honest with you to let you know. So, I move this item
as presented.
Vice Chairman Teele: Call the question.
Chairman Hernandez: Question has been called. There is a motion on the floor by
Commissioner Plummer, seconded by Vice Chairman Teele. All those in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-114
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
AND THE EXECUTIVE DIRECTOR OF THE MILDRED AND CLAUDE PEPPER
BAYFRONT PARK TRUST (TRUST) TO EXECUTE AN AMENDMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH AT&T
COMMUNICATIONS INC., ("AT&T") TO PROVIDE SPONSORSHIP TO THE
MILDRED AND CLAUDE PEPPER BAYFRONT PARK AMPHITHEATER,
THEREBY EXTENDING THE TERM THEREOF UNTIL SEPTEMBER 30, 1998
AND PROVIDING ADDITIONAL CONSIDERATION FOR SAID PERIOD IN THE
AMOUNT OF $100,000.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
213 January 27, 1998
-----------------------------------------------------------------------------------------------------------
55. DIRECT ADMINISTRATION TO SCHEDULE PUBLIC HEARING TO
TEMPORARILY CLOSE CORNELIA STREET TO VEHICULAR TRAFFIC.
Commissioner Plummer: Mr. Chairman...
Chairman Hernandez: Commissioner.
Commissioner Plummer: ... up here on Cornelia Drive there is a problem existing by... well
known to the NET (Neighborhood Enhancement Team)...
Commissioner Gort: J. L., Maria is waiting for you.
Commissioner Plummer: Shut up. There is a motion to set a public hearing to temporary issue a
revokable permit to close Cornelia Street to vehicular traffic to stop all the drug trafticing and
the car break-ins and all of that. I move that we set a public date to what hearing? February the
loth? The sooner the better.
Commissioner Gort: Yes, second.
Mr. Joel Maxwell, Esq. (Interim City Attorney): The earliest... Mr. Chairman, is it the earliest
date that we can meet our required...
Commissioner Plummer: There you go.
Mr. Maxwell: ... advertising requirements?
Commissioner Plummer: That's it. That's what I said. I so move.
Chairman Hernandez: Motion by Commissioner Plummer, seconded by Commissioner Gort.
All those in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 98-115
A MOTION DIRECTING THE ADMINISTRATION TO SCHEDULE AND
APPROPRIATELY ADVERTISE A PUBLIC HEARING, FOR THE EARLIEST
DATE POSSIBLE TO TEMPORARILY ISSUE A REVOCABLE PERMIT TO CLOSE
CORNELIA STREET TO VEHICULAR TRAFFIC IN ORDER TO REDUCE CRIME.
214 January 27, 1998
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
56. REQUEST REPORT FROM DOWNTOWN DEVELOPMENT AUTHORITY
CONCERNING FUNDS TO MAINTAIN GUSMAN HALL.
Commissioner Plummer: I want to...
Chairman Hernandez: Commissioner.
Commissioner Plummer: I want to know at the next meeting why DDA (Downtown
Development Authority) cannot subsidize Gusman Theater since everybody in the downtown
area is clamoring at the bid to keep Gusman open. They have sources of funding and I think
they can be one of the sources of funding like others, including the Off-street Parking. And, I
would like a report from the DDA at the next meeting.
Commissioner Gort: Well, I can tell you the report verbally, right now. The DDA does not have
the funding to be able to do that. Although, the parking, the Off-street Parking can do so,
because they generate revenue every time... parking revenue every time there is an event that
takes place at Gusman Hall.
Commissioner Plummer: Sir, I have no problem with what you tell me, but I want the people
that know that... Everybody is saying, we got to keep it open. But, everywhere we are turning...
Commissioner Gort: I understand, and we are going to make sure we get it opened and we don't
pay for it.
Commissioner Plummer: OK. Well, we don't have the money now. Because, it's closing April
the 1st.
Commissioner Gort: I understand.
Commissioner Plummer: And, once you close it, you are not going to reopen it. So, don't kid
ourselves. Once it's closed down, and you turn everything off, it will not be reopened according
to Mr. Cook.
Commissioner Gort: Got you.
Commissioner Plummer: He is still working, he is still trying to find other reasons. And, Mr.
Manager, I am talking to the Police Chief about having an affair or two there that would be
215 January 27, 1998
crime prevention. Hopefully, we can maybe get some funds there. I am trying to do everything
I can to keep a part of this community alive as it is. So, I am hopeful that the DDA might
consider it. Take if from there.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
57. APPROVE REQUEST FROM ZANELI PRODUCTIONS / DECLARE
EXEMPTION FROM CODE PROHIBITIONS WITH CONDITIONS -- FOR
STAGING JOHNNY VENTURA MUSICAL EVENT AT FLAGLER DOG
TRACK (401 N.W. 37TH AVENUE) ON FEBRUARY 1, 1998.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: I don't have any pocket items.
Chairman Hernandez: You have no pocket items. Vice Chairman Teele.
Vice Chairman Teele: The staff has mine. I yield to Commissioner Regalado.
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: Yes, Mr. Chairman, I have a pocket item. And, it's regarding the 40th
anniversary of Johnny Ventura. It's a very popular Latin American singer. And, this item is in
reference to a musical event, scheduled to take place at the Flagler Dog Track on January 31st.
So, what we are asking the City Commission is to declare an exemption from Section 36-4 and
36-5 of the City Code for the following date and time, Saturday, January 31st, only for one day,
8:00 p.m., to 3:00 a.m. And, this is my motion.
Vice Chairman Teele: Second the motion.
Commissioner Plummer: Is this inside of the facility?
Commissioner Regalado: I am sorry.
Commissioner Gort: This is to take place in the dog track?
Commissioner Plummer: Is this inside of the dog track?
Commissioner Regalado: It is going to take place in the dog track. It would be inside the area,
not in the parking lot as we may be. So, what you would hear around, it's almost nothing at all.
Commissioner Gort: OK. What... you want to make sure that whenever you do it you put your
amplifier a certain way that it would not go towards the residential area. And, I think you could
do that.
Commissioner Regalado: Absolutely. That, they have. I have talked to the promoters and they
have assured me that that is the case. If I just like to mention the fact that, well, as Chair of the
Public Facilities Committee, I am very happy to report that in... we are going to have April the
21st to the 25th in the Knight Center, Lord of the Dance. We have signed that tour and also in
216 January 27, 1998
Knight Center, we are in the process of signing Ray Charles for the Knight Center in November
and Miami, by the way has been selected as one of the cities, ten cities in the United States and it
will be at the Coconut Grove Convention Center, the "X-Files" and this is about the program,
you know. And, the...
Commissioner Gort: The Buduh and the "X-Files?" We are going to have aliens coming down?
Commissioner Plummer: The only thing I have got to say is, to the promoters, you have got
residents living there, right smack up against this facility. And, think to the future, think to the
future, because if those people come in here screaming that they could not sleep until five
o'clock in the morning after everything was said and done, I think this Commission in the future
would have to look and say, no more. You know, there wasn't residential people live right next
door, that's...
Commissioner Regalado: J.L., I have talked to them at length, and the way they are going to do
the event, we believe that it would not create that problem that you are mentioning.
Commissioner Plummer: OK, I am just... You know, I can remember those people coming in
here screaming about the... what do you call it? ... the flea market. Let's try it, and see if it can
be done and I'll vote with it this time. But, I think we need to remind them that there is a future.
Commissioner Gort: I am not an expert, but if you look at the locations, there are many open
spaces that you can direct your sounds that would not hit the residential area.
Commissioner Regalado: We need to call the roll, Mr. Chairman.
Vice Chairman Teele: Well, I think, Commissioner Gort's point though is an important one, and
I would like to ask that you take under advisement, Commissioner Regalado, the fact that the
sound system company should be instructed to place the speakers in such a way as to minimize
the impact of noise.
Mr. Maxwell: You can make it a condition of the approval.
Vice Chairman Teele: Well, that the sound system companies be required to. Is that acceptable
to you?
Commissioner Regalado: Oh, yes. Absolutely.
Commissioner Gort: If you point the sound system to the north and to the east, you have got
empty parking lots and you have got a central shopping center across the street. So, it would not
affect the residential. If you point it to the south, you have residents right south and you have
residents on the west.
Vice Chairman Teele: And, further, that all calls and problems on this be referred directly to
the...
Commissioner Gort: Commissioner Regalado.
Vice Chairman Teele: ... maker of the motion.
Commissioner Plummer: Absolutely.
Commissioner Gort: Give out Commissioner Regalado's phone number.
217 January 27, 1998
Commissioner Regalado: At my house. At my house, because it is a Saturday.
Commissioner Plummer: You know, let's... Hey, let's don't kid ourselves. At three o'clock in
the morning you are going to hear this on Flagler Street, if they are not careful, OK.
Chairman Hernandez: There is a motion.
Commissioner Plummer: Let's don't kid ourselves.
Vice Chairman Teele: Call the motion.
Chairman Hernandez: There is a motion by Commissioner Regalado, second by Vice Chairman
Teele. All those in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Woa, woa, woa, woa. I think the Chairman should be talking to all of
us about whatever the Chairman receives in... that all the rest of us should likewise receive.
Hello?
Chairman Hernandez: I'll share mine. I'll share it.
Commissioner Plummer: No, I don't want to share, I want whatever you got, we get. Is that
agreed upon?
Chairman Hernandez: All rightee.
Commissioner Plummer: All right.
Vice Chairman Teele: For the record, I don't want nothing. I don't know what this is about. I
don't want nothing.
Chairman Hernandez: It's tickets. It's complimentary tickets to the event.
Commissioner Plummer: It's all right. Wait till your constituents who like Johnny Ventura start
calling you, then I want to hear you don't care.
Chairman Hernandez: They agreed to that.
Commissioner Plummer: OK.
Vice Chairman Teele: All right.
Chairman Hernandez: We have a motion and a second. All those in favor say "aye."
The Commission (Collectively): Aye.
218 January 27, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-116
A RESOLUTION APPROVING THE REQUEST OF ZANELI PRODUCTIONS AND
DECLARING AN EXEMPTION FROM THE PROHIBITIONS CONTAINED IN
SECTIONS 36-4 AND 36-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, FOR THE PURPOSE OF STAGING THE 40TH ANNIVERSARY OF
JOHNNY VENTURA MUSICAL EVENT AT FLAGLER DOG TRACK, LOCATED
AT 401 N.W. 37TH AVENUE, MIAMI, FLORIDA FROM 8:00 P.M., JANUARY 31,
1998 THROUGH 3:00 A.M., FEBRUARY 1, 1998, SUBJECT TO: ZANELI
PRODUCTIONS OBTAINING A CLASS 1 SPECIAL PERMIT AND POSITIONING
THE SOUND SYSTEM TO MINIMIZE NOISE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: I say it 30 times.
Vice Chairman Teele: Mr. Chairman, on the pocket...
Commissioner Plummer: Thirty times.
Commissioner Regalado: That's a lot. That's a lot.
58. AUTHORIZE / DIRECT CITY MANAGER TO ISSUE REQUEST FOR
PROPOSALS FOR LOBBYIST TO REPRESENT CITY IN WASHINGTON,
D.C.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Teele: On the pocket item. This Oversight Board matter is continuing to come
up, and again, I really commend the Manager for taking the bull by the horn and really being
extremely patient as well as deferential but, yet, not conceding the City's position on anything.
And, Mr. Manager, I have heard rumors that there are some concerns about two items that the
Commission has engaged in two contracts. One relates to the Financial Advisor and one relates
to the State Lobbying activity. Is there any question...? Has the Oversight...? Let me put it in
the... Has the Oversight Board approved those contracts that we have... that we have... or those
engagements that we have entered into?
219 January 27, 1998
Mr. Jose Pedrosa -Garcia (City Manager): I don't know the answer to that question at this
moment.
Vice Chairman Teele: Well, I think it's... I know there is a meeting on Friday or Thursday.
Mr. Garcia -Pedrosa: Thursday.
Vice Chairman Teele: I think it's very important before we get there that we get an approval on
that, and I'll say this for two reasons. First, I think if the Oversight Board tampers with the State
lobbying or the State governmental representation contract, it almost is tantamount to attempting
to place us in a position where we can't defend ourselves and speak for ourselves. The
legislative session is coming, and you know, it's a little late for that. So, if we need to do
anything, than I am prepared to say we need to have an emergency meeting. This is the firm that
the Mayor has confidence in and I think in the State matter and in the Washington matter there
are very few things that I am prepared to defer largely to the Mayor on, but those are two areas,
those are two areas that I think the Mayor should have clearly the most to say and the lead on
who is walking with him in Tallahassee, and who is walking with him, and, quite frankly, all of
us in Tallahassee and in Washington. And, it's in that spirit that I am offering this so-called
pocket item which is a resolution to authorize the Manager to issue a Request for Proposal, and it
should say "an expedited Request for Proposal," to solicit a governmental team to represent the
City in Washington, D.C., and basically requiring that the Mayor have some input on this. There
are a number of people that have approached me on this. The Mayor has had discussions with
me on this. I mean, I want to defer to the Mayor on this to a great extent, but I think to protect
us, as we go forward, we need a competitive process. And, it's in that spirit, not to cut anybody
off but to sort of bring it in a way that we protect ourselves, because we got an immediate
problem in Washington as well with the budgets coming out and we really need to be up there
protecting the City's interest and the taxpayers' interest. And, I am particularly interested in
trying to get someone that has transportation expertise so that we can deal with the backlog of
problems of roads and sidewalks in this community. And, it has been identified as a Risk
Management high priority. It's been identified through the CDBG (Community Development
Block Grant) process. And, I am advised, Mr. Manager, that your Public Works Director is
estimating the backlog of roads that need to be addressed and repaired as around sixty million
dollars ($60,000,000), and I mean, that's really a big statement. And, I think every
neighborhood and every community can tell you a story about roads and problems in their area.
So, it's in that spirit that I move this forward. I know that the Mayor may have some ideas on
who and quite frankly, I want to be supportive of whatever the Mayor wants, I would like to be,
but I think it's important that there be a competitive process.
Commissioner Plummer: Absolutely.
Chairman Hernandez: No question about that. There is a motion by Vice Chairman Teele...
Commissioner Plummer: Second.
Chairman Hernandez: ... seconded by Commissioner Plummer. All those in favor say "aye."
The Commission (Collectively): Aye.
220 January 27, 1998
The following motion was introduced by Vice Chairman Teele, who moved its adoption:
MOTION NO. 98-117
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE
A REQUEST FOR PROPOSALS IN CONNECTION WITH ENGAGEMENT OF A
LOBBYIST TO REPRESENT THE CITY OF MIAMI IN WASHINGTON, D.C.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
59. DISCUSS / DECLARE THAT MAYOR SHALL BE TREATED FAIRLY
RELATIVE TO OUTSIDE EMPLOYMENT PRACTICES.
----------------------------------------------------------------------------------------------------------------
Vice Chairman Teele: And, finally, we approved this before. And, that was a resolution that the
Mayor... that the Mayor, the City Manager, the City Attorney and City Clerk and their
respective staffs be treated in the same and equitable manner relating to our policy decisions
regarding outside employment practices and the attorney has codified this as a resolution. It's
already been approved as a motion today, but I would only move it again, for the purpose of
clarity.
Commissioner Plummer: I, don't think I can vote for this, Art. I can approve it for the Mayor,
for the Mayor. But, you are now going to be including the City Manager, the City Clerk and all
of the rest of them. Let me tell you something.
Vice Chairman Teele: Well, I'll take out the Manager. But, it already applies to the City
Manager, the City Clerk, as I understand it. Is that right, Mr. Attorney? This is all ready
covered by a Manager's order.
Mr. Joel Maxwell, Esq. (Interim City Attorney): That's correct. No outside employment, except
with the permission of the City Manager.
Commissioner Plummer: Well, I have no problem with the City... the Mayor, as long as there is
no conflict with the City, and that there is no deletion of his authority and duties to the City. I
can agree for the Mayor, but for the City Attorney, the City Clerk and everyone else having
outside...
Vice Chairman Teele: I'll omit... I will omit all names other than the Mayor.
Commissioner Plummer: I second the motion.
221 January 27, 1998
Vice Chairman Teele: But, this is all subject to another action being taken where there is a
clearer policy on how all of this comes together. Call the question.
Chairman Hernandez: Call the question. Is there is a motion on the floor by Vice Chairman
Teele, second by...
Commissioner Plummer: Me.
Chairman Hernandez: ... Commissioner Plummer? All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 98-118
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THAT THE
MAYOR SHALL BE TREATED EQUITABLY AND FAIRLY RELATIVE TO ANY
POLICY DECISION(S) OF THE CITY COMMISSION REGARDING OUTSIDE
EMPLOYMENT PRACTICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
60. APPOINT STEVEN MARIN TO MIAMI SPORTS AND EXHIBITION
AUTHORITY.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Can I go to Maria's?
Commissioner Gort: Mr. Chairman, before you go to Maria, I would like to make, if possible,
my appointment to the Sports Authority, so you can have it complete?
Commissioner Plummer: Make it.
Commissioner Gort: I would like to name Tony Marin.
222 January 27, 1998
Vice Chairman Teele: Second the motion.
Commissioner Gort: Steven Marin, sorry.
Chairman Hernandez: There is motion to...
Commissioner Gort: Steven.
Chairman Hernandez: ... appoint Steve Marin to the Sports and Exhibition Authority by
Commissioner Gort. Seconded by Vice Chairman Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.98-119
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") FOR A TERM
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Vice Chairman Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: Can I go do dinner now?
Chairman Hernandez: One second. Just one second.
Commissioner Plummer: What now?
Chairman Hernandez: One second. It's simple. I just need an answer, they are bringing it to
me.
Commissioner Plummer: Hey, do you see what time it is, Mr. Chairman? I want a new
Chairman.
Chairman Hernandez: We will be out of here by 9:33.
Commissioner Plummer: It's 9:33, we are gone.
Chairman Hernandez: This meeting is being adjourned.
223 January 27, 1998
Commissioner Plummer: Oh, thank God.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:33 P.M.
COMMISSIONER HUMBERTO HERNANDEZ
PRESIDING OFFICER/CHAIRMAN
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
224 January 27, 1998