HomeMy WebLinkAboutCC 1997-01-23 MinutesMIAM:
OF PRMING HELD OH OANIARY 23, 1997
PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
Lpl:
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INDEX
MINUTES OF REGULAR MEETING
January 23, 1997
ITEM
SUBJECT
L GIS_&TION
PAGE
NO.
NO.
1.
CONSENTAGENDA.
DISCUSSION
1-5
1/23/97
2.
SECOND READING ORDINANCE: DECLARE
ORDINANCE
5-7
SIX (6) MONTH MORATORIUM ON
11435
ASSESSMENT OF ADDITIONAL FEES FOR
1/23/97
RESIDENTIAL PROPERTY APPLICATIONS
FOR ZONING VARIANCES PURSUANT TO
CODE 62-61 (4) -- WHERE APPLICANT
SEEKS TO CORRECT A VIOLATION OF CITY
ORDINANCES RELATING TO FAILURE 'TO
HAVE PROPER VARIANCES OR
RESIDENTIAL_ BUILDING PERMITS FOR
CONSTRUCTION OF CONCRETE SLABS,
FENCES, ROOFS, SHEDS, ROOF -COVERED
TERRACES, ADDITIONS OR ALTERATIONS,
WITH VARIANCES STILL SUBJECT TO
PAYMENT OF APPLICABLE FEES.
3.
FIRST READING ORDINANCE: PROPOSAL
ORDINANCE
7-8
TO ESTABLISH NEW SPECIAL REVENUE
FIRST
FUND ENTITLED: "DHRS (PY'97) - ENTRANT
READING
/ REFUGEE ASSISTANCE PROGRAM," --
1/23/97
APPROPRIATE FUNDS FOR $112,342 FROM
GRANT AWARD THROUGH THE SOUTH
FLORIDA EMPLOYMENT AND TRAINING
CONSOH-�IUM (SFETC).
R
4.
BRIEF COMMENTS FROM COMMISSIONER
DISCUSSION
8-9
PLUMMER CONCERNING IMPORTANCE OF
1/23/97
COMMISSION'S APPOINTMENT TO WAGES
BOARD OF THE SOUTH FLORIDA
CONSORTIUM.
5.
RATIFY / APPROVE / CONFIRM CITY
R 97-46
9-10
MANAGER'S FINDING OF AN EMERGENCY --
1/23/97
WAIVE COMPETITIVE SEALED BIDS --
APPROVE PROCUREMENT OF TEMPORARY
STAFFING/TECHNICAL SERVICES FROM
MANPOWER, INC., -- ALLOCATE FUNDS
($8,055.60, FROM GSA / SW
{
COMMUNICATIONS SERVICES DIV., INDEX
CODE 420601-340).
6.
DISCUSS BRIEFLY WITHDRAWAL OF
DISCUSSION 10-12
AGENDA ITEM 4 [REHABILITATION OF CITY-
1/23/97
OWNED TOWER THEATER] -- ADVERTISE
PUBLIC HEARING FOR SAID ITEM FOR
2/27/97.
7.
AMEND / RESTATE CITY 457 DEFERRED
R 97-47 12-13
COMPENSATION PLAN, KNOWN AS PEBSCO
1/23/97
MAYOR'S DEFERRED COMPENSATION
PLAN (THE "PLAN") -- BRING SAID PLAN
INTO COMPLIANCE WITH NEW INTERNAL
REVENUE CODE REGULATIONS.
8.
AMEND / RESTATE CITY 457 DEFERRED
R 97-48 13-14
COMPENSATION PLAN, KNOWN AS
1/23/97
COPELAND COMPANIES PLAN -TRUST
DECLARATION (THE "PLAN") -- BRING SAID
PLAN INTO COMPLIANCE WITH NEW
INTERNAL REVENUE CODE REGULATIONS.
9.
AMEND / RESTATE CITY 457 DEFERRED
R 97-49 14-15
COMPENSATION PLAN, KNOWN AS ICMA
1/23/97
RETIREMENT CORPORATION DEFERRED
COMPENSATION PLAN AND TRUST (THE
"PLAN") -- BRING SAID PLAN INTO
COMPLIANCE WITH NEW INTERNAL
REVENUE CODE REGULATIONS.
10.
(A) ALLOCATE ADDITIONAL FUNDS ($30,000
R 97-50 15-21
FROM 22ND YEAR CDBG , ACCT CODE
1/23/97
452222-940, PROJECT 799229) -- FOR LOT
CLEARING SERVICES BY RIPLEY'S
LAWNCARE, INC. / CANO LANDSCAPING
SERVICES/ J.A. ALVAREZ LAND CLEARING.
(B) COMMENTS BY COMMISSIONER
PLUMMER ON ESTABLISHING LOT
CLEARING PROGRAM SIMILAR TO METRO-
DADE COUNTY'S WHERE FINES OR LIENS
ARE PLACED ON PROPERTIES WHICH DO
NOT COMPLY.
11.
CAPTAIN DAVID MILLER, PORT OF MIAMI,
DISCUSSION 21-27
REPORTS ON MIAMI RIVER QUALITY
1/23/97
ACTION TEAM'S EFFORTS TO CLEAN RIVER
/ REMOVE HAZARDS TO NAVIGATION.
12.
APPOINT OFELIA TABARES AS ALTERNATE
R 97-51 27-28
TO PLANNING ADVISORY BOARD.
1/23/97
13.
(A) MAYOR CAROLLO INSTRUCTS CITY
M 97-52 29-36
CCLERK TO READVERTISE FOR NOMINEES
M 97-53
FOR PLANNING ADVISORY AND ZONING
M 97-54
BOARDS.
1/23/97
(B) COMMISSIONER PLUMMER DIRECTS
CITY CLERK TO RESEARCH COST SAVING
MEASURES REGARDING PRINTED MEDIA
ADVERTISING -- PREPARE REPORT OF
FINDINGS.
E6
ki
14.
PERSONAL APPEARANCE: JIM JORDAN,
R 97-55 36-37
COMMODORE, MIAMI YACHT CLUB --
1/23/97
APPROVE AGREEMENT WITH NATIONAL
MARINE MANUFACTURERS ASSOC
�NMMA) -- FOR INTERNATIONAL SAILBOAT
SHOW,
15.
APPROVE PROFESSIONAL SERVICES
R 97-56 38-39
AGREEMENT WITH DENNIS I. CARTER &
1/23/97
ASSOCS -- FOR CONSULTING SERVICES --
ALLOCATE FUNDS ($30,000. FROM SPECIAL
PROGRAMS & ACCOUNTS, ACCT 921002)
16.
AUTHORIZE CITY MANAGER TO CONTRACT
R 97-57 39-40
WITH UNITED STATES HOUSING & URBAN
1/23/97
DEVELOPMENT (HUD) -- FOR SECTION 108
LOAN GUARANTEE AWARD -- FOR $5
MILLION REGARDING S.W. 8 STREET
SHOPPING PLAZA CENTER.
17.
(A) RATIFY / APPROVE / CONFIRM
R 97-58 40-42
MANAGER'S EMERGENCY FINDINGS --
1/23/97
WAIVE COMPETITIVE SEALED BIDS --
AWARD CONTRACT TO ROMAC
INTERNATIONAL -- FOR TEMPORARY
FINANCIAL STAFFING SERVICES FOR
COMMUNITY DEVELOPMENTiNET AND
FINANCE DEPARTMENTS -- ALLOCATE
GRANT FUNDS ($200,000, ACCOUNT CODE
452263-799626).
(B) COMMENTS BY COMMISSIONER
PLUMMER THAT ALL ITEMS DEALING WITH
SOUTH FLORIDA EMPLOYMENT & TRAINING
CONSORTIUM BE FORWARDED FIRST TO
COMMISSIONERS PLUMMER & HERNANDEZ
AS COMMISSION REPRESENTATIVES TO
SAID CONSORTIUM.
18.
APPROVE CODESIGNATION OF N.E. 21
R 97-59 42-44
STREET BETWEEN N.E. 2 AVE. AND
1/23/97
BISCAYNE BLVD AS DON FACUNDO
BACARDI WAY.
19. DISCUSS 'TRASH PICK UP BACKLOG / DISCUSSION 44-54
PENALTIES FOR ILLEGAL DUMPING -- 1/23/97
SCHEDULE FOR NEXT COMMISSION
MEETING DISCUSSION ON LEVEL OF SOLID
WASTE SERVICES.
20. ISSUE CITY COMMISSION CONDOLENCES R 97-60 54-56
TO FAMILIES OF: LALO VILLALOBOS; R 97-60.1
OCTAVIO BLANCO; CAPTAIN BOB LEWIS; R 97-60.2
RICKIA ISSAC. R 97-60.3
1/23/97
t
21.
APPROVE STREET CLOSURE REQUEST /
M 97-61 56-57
LOAN SERVICES OF ANTONINO H. LIZASO
1/23/97
TO BIPRISA FOR JOSE MARTI PARADE -- NO
FEE WAIVERS.
22.
COMMISSIONER GORT READS SERGIO
R 97-62 57-58
ROK'S LETTER RESOLVING TO JOIN FIGHT
1/23/97
TO SAVE CITY / RESIGNING FROM P.A.C.
AND COALITION FOR A NEW MIAMI.
23.
AUTHORIZE WITH CONDITIONS PLACEMENT
DISCUSSION 58-60
OF BANNERS IN PUBLIC -RIGHTS -OF -WAY --
1/23/97
FOR ADVERTISING GRAND PRIX OF MIAMI
(2 / 28 THRU 3 / 2 /97) BY MIAMI
MOTORSPORTS, INC.
24.
(A) APPROVE MAJOR USE SPECIAL PERMIT
R 97-63 60-62
APPLICATION FOR A PLANNED UNIT
1/23/97
DEVELOPMENT, PURSUANT TO ARTICLES 5,
13 AND 17 OF ZONING ORDINANCE. --
PROJECT TO BE CALLED NORTHWESTERN
ESTATES-- CONSISTS OF 10.34 ACRES OF
LAND IN WHICH NOT MORE THAN 134
SINGLE-FAMILY RESIDENTIAL UNITS OF
AFFORDABLE HOUSING AND 299 PARKING
ARE PROPOSED FOR DEVELOPMENT --
LOCATION: 800 N.W. 69 STREET --
APPLICANT: LAWRENCE A. LEVINE FOR
LIBERTY HOUSING ASSOCIATE
(B) COMMISSIONER PLUMMER DIRECTS
ADMINISTRATION TO PLACE IN-HOUSE
PLANNING AND ZONING ITEMS AT END OF
AGENDA.
25.
DISCUSS / CONTINUE CONSIDERATION OF
M 97-64 63-70
PZ-4 ( APPEAL OF ZONING BOARD'S
1/23/97
DECISION TO PERMIT CONVERSION OF
EXISTING COMMERCIAL STRUCTURE AT
311-321 N.E. 79 STREET TO PLACE OF
WORSHIP) -- FURTHER INSTRUCT
ADMINISTRATION TO STUDY/DRAFT
LEGISLATION TO PERMIT CONVERSION
WITHOUT DOWNGRADING ZONING CLASS --
BRING BOTH ITEMS BACK TO COMMISSION
BY 3/27/97 -- CHURCH IS TO CONTINUE TO
HOLD SERVICES AT SITE DURING INTERIM
TIME. -- APPLICANT(S): MARCELINE
PEARLMAN, (OWNER) / NADEGE DUTES,
(BUYER)
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trl
26. DISCUSS / CONTINUE CONSIDERATION OF
PZ5 (APPEAL OF ZONING BOARD'S
DECISION TO PERMIT REDICTION OF
GREEN SPACE AT 311-321 N.E. 79 ST. FOR
PLACE OF WORSHIP) -- FURTHER
INSTRUCT ADMINISTRATION TO
STUDY/DRAFT LEGISLATION TO PERMIT
SAID REDUCTION WITHOUT
DOWNGRADING ZONING CLASS -- BRING
PZ5 AND PROPOSED ORDINANCE BACK AT
MEETING OF MARCH 27, 1997 -- CHURCH IS
TO CONTINUE TO HOLD SERVICES AT SITE
DURING INTERIM TIME -- APPLICANT(S):
MARCELINE PEARLMAN, (OWNER) /
NADEGE DUTES, (BUYER)
27. SECOND READING ORDINANCE: AMEND
CITY LAND USE MAP OF COMPREHENSIVE
NEIGHBORHOOD PLAN -- CHANGE LAND
USE DESIGNATION OF 301 TO 583 AND 300
TO 598 N.W. 54 STREET, FROM
"RESTRICTED COMMERCIAL" TO "GENERAL
COMMERCIAL." APPLICANT: CITY OF MIAMI
COMMUNITY PLANNING & REVITALIZATION.
28. SECOND READING ORDINANCE: CHANGE
OF ZONING AS LISTED IN ORDINANCE NO,
11000, AS AMENDED, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT
REGULATIONS, FROM C-1 RESTRICTED
COMMERCIAL TO C-2 LIBERAL
COMMERCIAL. -- LOCATION:
APPROXIMATELY 301 TO 583 AND 300 TO
598 N.W. 54 STREET. -- APPLICANT: CITY OF
MIAMI COMMUNITY PLANNING &
REVITALIZATION
29. FIRST READING ORDINANCE: APPROVE
AMENDING CITY FUTURE LAND USE MAP
OF COMPREHENSIVE NEIGHBORHOOD
PLAN -- CHANGE LAND USE DESIGNATION
AT APPROXIMATELY 7450 NORTH MIAMI
AVENUE, FROM MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL TO LIBERAL
COMMERCIAL. -- APLICANT ROLANDO
BLANCO.
30. FRIST READING ORDINANCE: CHANGE OF
ZONING AS LISTED IN ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED,
ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, -- FROM R-3
MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO C-2 LIBERAL
COMMERCIAL. -- LOCATION: 7450 NORTH
MIAMI AVENUE -- APPLICANT: ROLANDO
BLANCO.
M 97-65
1 /23/97
ORDINANCE
11436
1 /23/97
ORDINANCE
11437
1 /23/97
ORDINANCE
FIRST
READING
1 /23/97
ORDINANCE
FIRST
READING
1 /23/97
70-71
71-72
72-73
73-83
83-84
t:
31. FIRST READING ORDINANCE: AMEND CITY
FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN --
CHANGE LAND USE DESIGNATION AT
APPROXIMATELY 200 S.W. 13 STREET
FROM OFFICE TO RESTRICTED
COMMERCIAL. -- LOCATION: 200 S.W. 13
STREET -- APPLICANT: WALLBRICK LTD., A
FLORIDA LIMITED PARTNERSHIP.
32. FIRST READING ORDINANCE: CHANGE OF
ZONING AS LISTED IN ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED,
ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, -- FROM O-OFFICE
TO C-1 RESTRICTED COMMERCIAL. --
LOCATION: 200 S.W. 13 STREET --
APPLICANT: WALLBRICK LTD., A FLORIDA
LIMITED PARTNERSHIP.
33. FIRST READING ORDINANCE: CHANGE OF
ZONING AS LISTED IN ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED,
ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, -- FROM C-1
RESTRICTED COMMERCIAL TO R-4
MULTIFAMILY HIGH -DENSITY
RESIDENTIAL. -- LOCATION: 669 DOUGLAS
ROAD & VACANT LOT ON S.W. 37 AVENUE &
6 STREET APPLICANT(S): FERNANDO
DARGELO & (WIFE) EVA PADRON AND
CLAUDIO PADRON & ROLANDO & GISELA
SANCHEZ-MEDINA.
34. DISCUSS / CONTINUE TO MEETING OF
FEBRUARY 27, 1997 CONSIDERATION OF PZ
13 (AMENDING THE CITY OF MIAMI FUTURE
LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING LAND
USE DESIGNATION AT APPROXIMATELY
2989 S.W. 4 STREET, FROM SINGLE FAMILY
RESIDENTIAL TO TWO FAMILY
RESIDENTIAL.)
35. DISCUSS / CONTINUE TO MEETING OF
FEBRUARY 27, 1997 CONSIDERATION OF
PZ14 (CHANGE OF ZONING AS LISTED IN
ZONING ATLAS OF ORDINANCE NO. 11000,
AS AMENDED, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS,
FROM R-1 SINGLE FAMILY RESIDENTIAL TO
R-2 TWO FAMILY RESIDENTIAL-- LOCATION:
2989 S.W. 4 STREET. -- APPLICANT: JORGE
AND FARIDA GONZALEZ.)
ORDINANCE
FIRST
READING
1 /23/97
ORDINANCE
FIRST
READING
1 /23/97
ORDINANCE
FIRST
READING
1 /23/97
M 97-66
1 /23/97
M 97-67
1 /23/97
84-86
86-87
87-91
91-95
96-97
A.
36. FIRST READING ORDINANCE: AMEND CITY
FUTURE LAND USE MAP OF
COMPREHENSIVE NEIGHBORHOOD PLAN --
CHANGE LAND USE DESIGNATION AT
APPROXIMATELY 2609-11-21-23 N.W. 3
STREET AND PARKING LOT, FROM DUPLEX
RESIDENTIAL TO RESTRICTED
COMMERCIAL -- APPLICANT: DELCO
ENTERPRISES, INC.
37. FIRST READING ORDINANCE: CHANGE OF
ZONING AS LISTED IN ZONING ATLAS OF
ORDINANCE NO, 11000, AS AMENDED,
ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, FROM R-1 SINGLE
FAMILY RESIDENTIAL TO R-2 TWO FAMILY
RESIDENTIAL --LOCATION:
APPROXIMATELY 2609-11-21-23 N.W. 3
STREET & PARKING LOT -- APPLICANT:
DELCO ENTERPRISES, INC.
38. TABLE TO LATER IN MEETING
CONSIDERATION OF PZ 17 (APPEAL OF A
ZONING BOARD'S DECISION WHICH DENIED
AN APPEAL AND GRANTED A CLASS II
SPECIAL PERMIT APPLICATION NO. 96-3247
WITH CONDITIONS BY THE DIRECTOR OF
THE DEPARTMENT OF COMMUNITY
PLANNING AND REVITALIZATION FOR
-EXTERIOR MODIFICATIONS TO EXISTING
`NONCONFORMING STRUCTURES WITHIN
THE SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT AND SD-17 SOUTH
BAYSHORE DRIVE OVERLAY DISTRICT, PER
SECTIONS 602.3.1, 617.3.1, 906.7.3 AND
1106.1 OF ORDINANCE NO. 11000, AS
AMENDED,; ZONED O OFFICE, SD-2
COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT, SD-17 SOUTH BAYSHORE DRIVE
OVERLAY DISTRICT AND SD-19
DESIGNATED F.A.R. OVERLAY DISTRICT. --
LOCATION: 2951 SOUTH BAYSHORE DRIVE
(THE MUTINY) -- APPLICANT: MUTINY ON
THE BAY, LTD.
39. SECOND READING ORDINANCE: AMEND
CHAPTER 62, ARTICLE VI "ZONING AND
PLANNING FEES," OF CITY CODE, SECTION
62-62, -- CLARIFY APPEAL PROCEDURES
PERTAINING TO DEADLINE FOR PAYMENT
OF APPEAL FEE. -- APPLICANT: CITY OF
MIAMI, COMMUNITY PLANNING &
REVITALIZATION.
ORDINANCE
FIRST
READING
1 /23/97
ORDINANCE
FIRST
READING
1 /2.3/97
DISCUSSION
1 /23/97
ORDINANCE
11438
1 /23/97
97-98
99-102
102-103
40. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000, -- AMEND ARTICLE 9,
SECTION 910, "UNITY OF TITLE" -- CLARIFY /
CORRECT CERTAIN PROVISIONS
PERTAINING TO RELEASE PROCEDURES. --
APPLICANT: CITY OF MIAMI COMMUNITY
PLANNING & REVITALIZATION.
41. SECOND READING ORDINANCE: AMEND
CHAPTER 4 OF CODE, ENTITLED:
"ALCOHOLIC BEVERAGES" -- AMEND
DISTANCE REQUIREMENTS WITHIN SD-8
DESIGN PLAZA COMMERCIAL -RESIDENTIAL
DISTRICT. -- LOCATION: SD-8 DESIGN
PLAZA COMMERCIAL -RESIDENTIAL
DISTRICT -- APPLICANT: CITY OF MIAMI
COMMUNITY PLANNING & REVITALIZATION.
42. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000, -- AMEND ARTICLES 9 /
25 -- INTRODUCE NEW SECTION 916
INTERIM PARKING -- ALLOW UNIMPROVED
AND PARTIALLY IMPROVED LOTS IN CITY
TO BE UTILIZED CONDITIONALLY FOR
ACCESSORY PARKING PURPOSES --
CODIFY APPLICABLE STANDARDS TO
REGULATE THEIR LOCATION AND MODE OF
OPERATION -- AMEND SECTION 2502 IN
ORDER TO PROVIDE DEFINITION FOR
"INTERIM PARKING." -- APPLICANT: CITY OF
MIAMI COMMUNITY PLANNING &
REVITALIZATION.
43. FIRST READING ORDINANCE: PROPOSAL
TO AMEND ARTICLES 4, 9, AND 25 OF
ZONING ORDINANCE 11000, AS AMENDED --
INTRODUCE NEW USE TO BE CALLED
"PHARMACEUTICAL LABORATORIES" --
CODIFY APPLICABLE REGULATIONS FOR
THEIR IMPLEMENTATION -- PROVIDE
DEFINITION RESPECTIVELY -- APPLICANT:
CITY OF MIAMI COMMUNITY PLANNING &
REVITALIZATION.
44. FIRST READING ORDINANCE : PROPOSAL
TO AMEND ORDINANCE 11000, -- AMEND
ARTICLE 15, SECTION 1511, "CLASS II
SPECIAL PERMIT REQUIRED FOR ANY
DEVELOPMENT BETWEEN BISCAYNE BAY
AND THE FIRST DEDICATED RIGHT-OF-
WAY' TO INCLUDE DEVELOPMENT
BETWEEN MIAMI RIVER AND FIRST
DEDICATED RIGHT-OF-WAY UNDER SUCH
SCOPE OF REVIEW -- APPLICANT: CITY OF
MIAMI COMMUNITY PLANNING &
REVITALIZATION.
ORDINANCE 103
11439
1 /23/97
ORDINANCE
11440
1 /23/97
ORDINANCE
11441
1 /23/97
ORDINANCE
FIRST
READING
1 /23/97
ORDINANCE
FIRST
READING
1 /23/97
104-105
105-106
106-107
107-108
45.
FIRST READING ORDINANCE: PROPOSAL
ORDINANCE
TO AMEND ORDINANCE 11000, -- AMEND
FIRST
ARTICLE 4, SECTION 401, SCHEDULE OF
READING
DISTRICT REGULATIONS CBD CENTRAL
1/23/97
BUSINESS DISTRICT, -- REVISE EXISTING
REGULATIONS FOR SIGNAGE AND OTHER
APPURTENANCES -- AMEND ARTICLE 25,
SECTION 2502 SPECIFIC DEFINITIONS, TO
REVISE / CLARIFY EXISTING DEFINITIONS
FOR SIGNAGE -- APPLICANT: CITY OF
MIAMI, COMMUNITY PLANNING &
REVITALIZATION
46.
FIRST READING ORDINANCE: PROPOSAL
ORDINANCE
TO AMEND ORDINANCE 11000, ARTICLE 15,
FIRST
SECTION 1513 -- INTRODUCE NEW SECTION
READING
1520 TO PROVIDE FOR CERTIFICATE OF
1/23/97
COMPLIANCE, IN LIEU OF CLASS II SPECIAL
PERMIT. -- APPLICANT: CITY OF MIAMI,
COMMUNITY PLANNING & REVITALIZATION.
47.
FIRST READING ORDINANCE: PROPOSAL
ORDINANCE
TO AMEND CHAPTER 62, OF CODE --
FIRST
AMEND SECTION 62-61, SCHEDULE OF
READING
FEES, IN ORDER TO INTRODUCE A FEE FOR
1/23/97
CERTIFICATES OF COMPLIANCE IN LIEU OF
CLASS 11 SPECIAL PERMIT. -- APPLICANT:
CITY OF MIAMI, COMMUNITY PLANNING &
REVITALIZATION.
48.
FIRST READING ORDINANCE: PROPOSAL
ORDINANCE
TO AMEND ORDINANCE 11000,-- AMEND
FIRST
ARTICLE 4, SECTION 401 "SCHEDULE OF
READING
DISTRICT REGULATIONS" IN ORDER TO
1/23/97
ALLOW "HEALTH SPAS OR STUDIOS" AS A
PERMITTED PRINCIPAL USE IN THE OFFICE
ZONING DISTRICT AMEND ARTICLE 25,
SECTION 2502. "SPECIFIC DEFINITIONS" TO
CLARIFY DEFINITION FOR "HEALTH SPAS
OR STUDIOS -- APPLICANT: CITY OF MIAMI,
COMMUNITY PLANNING & REVITALIZATION.
49.
AUTHORIZE / DIRECT ADMINISTRATION TO
M 97-68
SCHEDULE SECOND READING OF AGENDA
1/23/97
ITEMS PZ 23, 24, 25, 26, 27, 28, SPECIFIED
ABOVE, BEFORE 5:P.M.
50.
DISCUSSION REGARDING INTERLOCAL
R 97-69
AGREEMENT WITH DADE COUNTY --
1/23/97
STIPULATE DADE COUNTY HAS UNTIL
APRIL 1, 1997 TO NEGOTIATE SAID
AGREEMENT.
108-109
109-110
113-115
115-118
a-
51.
(A) VICE MAYOR REGALADO COMMENTS
DISCUSSION
ON COMMITTEE ESTABLISHED BY METRO-
1/23/97
DADE COUNTY TO EXPLORE COUNTY'S
ROLE SHOULD CITY BE ABOLISHED.
(B) COMMENTS BY COMMISSIONER
PLUMMER REGARDING VERIFICATION OF
SIGNATURES ON PETITION TO ABOLISH
CITY.
52.
VICE MAYOR COMMENTS ON DEFEAT OF
DISCUSSION
CITY'S PROPOSAL TO PROVIDE FIRE
1/23/97
SERVICES TO PORT OF MIAMI -- MAYOR
CAROLLO DIRECTS ADMINISTRATION TO
SEND LETTER TO DADE COUNTY
REQUESTING THEIR PLAN FOR FIRE
PROTECTION AT PORT.
53.
(A) AGREE THAT MAYOR OF CITY WILL
M 97-70
REPRESENT COMMISSION DURING
M 97-71
DISCUSSIONS OF STATE EMERGENCY
1/23/97
OVERSIGHT BOARD IN CONNECTION WITH
RECOVERY PLAN -- FURTHER, THAT CITY
COMMISSIONERS SHOULD BE PRESENT
DURING SAID DELIBERATIONS.
(B) COMMISSIONER PLUMMER SEEKS
CLARIFICATION FROM ADMINISTRATION ON
STATUS OF SALE OF MIAMI SPRINGS GOLF
COURSE.
•- (C) AUTHORIZE / DIRECT CITY MANAGER TO
RESUBMIT TO STATE OVERSIGHT BOARD
TOP HALF OF MANAGER'S RESUBMISSION
OF '97 PLAN CONCERNING POSSIBLE
REPLACEMENT ITEMS FOR $10,050,000; --
FURTHER THAT CITY OFFERS $6,875,000 AS
RESERVE ACCOUNT AS SOON AS
OVERSIGHT APPROVES CITY'S RECOVERY
'97 PLAN -- FURTHER THAT CITY COMMITS
TO ADD REMAINING 2.5.% OF ITS BUDGET
IN REMAINING TIME OF FIVE YEAR PLAN.
54.
VICE MAYOR REGALADO COMMENDS
DISCUSSION
POLICE DEPARTMENT ON SUCCESSFUL
1/23/97
HEROIN RAID.
55. ACCEPT BID: CLUB CAR, INC. -- FOR R 97-72
LEASING OF 70 GOLF CARTS/FOUR UTILITY 1/23/97
TRUCKS -- FOR FIVE YEAR CONTRACT --
FOR PUBLIC WORKS -- ALLOCATE FUNDS
($52,539.84, ACCT CODE
417000.311501.6330.61039).-- SEE LABEL 1 B.
118-119
120-121
121-133
133
134-135
to .At'
56.
FIRST READING ORDINANCE: PROPOSE TO
ORDINANCE 136-146
AMEND WITH PROPOSED CHANGES TO
FIRST
SUBSECTION 3, "NURSING &
READING
CONVALESCENT HOMES", ARTICLE 4
1/23/97
SECTION 401 "SCHEDULE OF DISTRICT
REGULATIONS", OF ZONING ORDINANCE
11000, IN ORDER TO FURTHER RESTRICT
IMPLEMENTATION OF CERTAIN
CONDITIONAL PRINCIPAL USES IN THE R-3
MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL ZONING DISTRICT -- AMEND
ARTICLE 25, SECTION 2502 TO CLARIFY
CERTAIN DEFINITIONS RELATED TO
AFOREMENTIONED CONDITIONAL
PRINCIPAL USES -- APPLICANT: CITY OF
MIAMI, COMMUNITY PLANNING &
REVITALIZATION.
57.
APPROVE SPECIAL EXCEPTION
R 97-73 146-169
ORDINANCE NO. 11000, AS AMENDED,
1/23/97
ARTICLE 4, SECTION 401, R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL
CONDITIONAL PRINCIPAL USES, TO PERMIT
A HEALTH CLINIC (MEDICAL OFFICE), WITH
CONDITIONS -- LOCATION: 1900 BRICKELL
AVENUE -- APPLICANT: J. JAMES
DONNELLAN, III.
58.
-DISCUSS /- CONTINUE TO MEETING OF
M 97-74169-176
FEBRUARY 27, 1997 AGENDA ITEM PZ17
1/23/97
(APPEAL OF ZONING BOARD'S DECISION
WHICH GRANTED SPECIAL PERMIT FOR
PROPERTY AT 2951 SO. BAYSHORE DR.,
THE MUTINY -- FOR ATTORNEY TO PBTAIN
DOCUMENTS.
59.
RESCHEDULE COMMISSION MEETING OF
M 97-76 176-178
FEBRUARY 2, 1997 TO FEBRUARY 20, 1997,
1/23/97
TO BEGIN AT 8:A.M.
60.
DISCUSS / CONTINUE TO MEETING OF
M 97-76 178-179
FEBRUARY 27, 1997, AGENDA ITEM PZ18
1/23/97
(PROPOSED ORDINANCE TO AMEND 11000
TO PROVIDE DEVELOPMENT BONUSES FOR
SD-17 SO. BAYSHORE DR OVERLAY
DISTRICT BOUNDED BY McFARLANE RD.SO
BAYSHORE, MARY ST., PORTION OF GRAND
AVE.)
61.
GRANT WAIVER OF PROHIBITION (SEC35-5
R 97-77 179-181
OF CODE) -- FOR FILMING OF "LAWLESS"
1/23/97
ON JANUARY 24, 1997 AND FIVE OTHER
DATES, WITH CONDITIONS.
62.
DIRECTION TO CITY ATTORNEY: BY
DISCUSSION 181-182
COMMISSIONER PLUMMER TO PURSUE
1/23/97
COLLECTION OF $27,000 OWED BY
PRODUCERS OF "SPEED II" FILM.
1
nes\ 4
t
63. REQUEST PRESIDENT CLINTON CONTACT R 97-78 182-183
AMERICAN AIRLINES MANAGEMENT / 1/23/97
PILOTS UNION IN EFFORT TO RESOLVE
i DIFFERENCES.
64. CITY MANAGER TO REVIEW POSSIBLE M 97-79 183-184
REINSTATEMENT OF BENEFITS TO 1/23/97
MEMBERS OF PENSION BOARDS --
MANAGER TO PROVIDE RECOMMENDATION
AT NEXT COMMISSION MEETING.
i
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 23rd day of January, 1997, 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 9:08 a.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
Mayor Joe Carollo
Vice Mayor Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
ALSO PRESENT:
Edward Marquez, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
i
An invocation was delivered by Commissioner Gort, after which Commissioner Plummer
led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD; By memo from City Manager Edward
Marquez, items 4 and 12 were withdrawn.
----------------------------------------------------------------------------------------------------------------
1. CONSENT AGENDA.
-----------------------------------------------------------------
A. AUTHORIZE PURCHASE OF 1,200 FLORIDA LAW ENFORCEMENT
HANDBOOKS, FROM METRO-DADE POLICE DEPARTMENT --
ALLOCATE FUNDS ($8,400, POLICE ACCOUNT CODE 001000-290201-6-
722).
B. DISCUSS/TABLE TO LATER IN MEETING -- ACCEPT BID: CLUB CAR,
INC., FOR LEASING OF SEVENTY (70) ELECTRIC GOLF CARTS AND
FOUR (4) UTILITY TRUCKS ON A FIVE (5) YEAR LEASE CONTRACT
BASIS -- FOR PUBLIC WORKS -- ALLOCATE FUNDS ($52,539.84,
ACCOUNT 417000.311501.6330.61039 -- SEE LABEL 55. s
1 January 23, 1997
C. ACCEPT PLAT: SECOND ADDITION TO COLROSS SUBDIVISION.
Mayor Carollo: Good morning, we will begin the Consent. Agenda since there are no
presentations and proclamations to be given this morning. It the Commissioners could go
through the Consent Agenda and if there are any items that need to be deferred or discussed if
i
you could pull them out, please?
4
i
Vice Mayor Regalado: Mr. Mayor?
Mayor Carollo: Yes, Commissioner.
Vice Mayor Regalado: Number two, the golf carts, the leasing of 70 electric golf carts. I was
wondering if these vehicles are for the Miami Springs Golf Course?
Ms. Judy Carter (Chief Procurement Officer): Yes, they are. I don't see Public Works here.
Vice Mayor Regalado: What are we? I thought we were selling the Miami Springs Golf
Course?
Mr. Edward Marquez (City Manager): This particular leasing can be terminated by us, at just
about anvtime.
Ms. Carter: I believe Public Works should, well here's Wally Lee, he'll be able to explain the
need for it.
Mr:. Waldemar E. Lee (Assistant -City Manager/Public Works Dept.): Yes Commissioner, this
is... -What it boils down to on a monthly basis, the City can cancel the contract.
Vice Mayor Regalado: But we don't have any golf carts now?
Mr. Lee: Yes sir, we do. We have approximately 49 golf carts on a lease on a month -to -month
basis. So immediately upon this one coming into effect, we'll cancel the other one and move
these in.
Vice Mayor Regalado: But why?
Mr. Lee: For the golfers, sir, that's...
Vice Mayor Regalado: No, no. Why do we need to cancel the old ones and get?
Mr. Lee: Because we had to go out on an RFP.
i
Ms. Carter: No, let me explain that, sir.
Vice Mayor Regalado: OK.
Ms. Carter: This is Judy Carter. The golf carts that we have right now are oil a month -to -month.
However, it was based upon emergency need until such time we were able to formalize a bid
which we did in fact issue. Now that we have a bid, based upon competitiveness and going
through the form process those particular leased carts are to be terminated because it was never
for the purpose of a long term or... nature. It was only until such time as we were able to
formalize the process, which we have and which is what we're presenting to you today. One of
the things that we were very concerned about, particularly as it relates to this Commission
2 January 23, 1997
sharing with us the anticipation of probably selling that golf course, was to be at a position at any
point in time, when that time comes to terminate the contract without any further responsibility
or liability on the part of the City which we clearly provided in the hid with the cooperation of
the Law Department. So when that particular sale does come about, those golf carts will
immediately be returned to the leaseor without any further responsibility or forms required by us.
Commissioner Plummer: Did the company that is there on the month -to -month have the
opportunity to bid?
Mr. Lee: Yes, sir.
Ms. Carter: Yes, they were sent a bid. They were not the lowest bidder.
Vice Mayor Regalado: The only thing I see, we have now 49. We are leasing 70.
Mr. Lee: Yes sir, that's based on the demand. Right now are the busiest months through May.
Commissioner Gort: Mr. Mayor, I have a question.
Mayor Carollo: Commissioner Gort, go ahead.
Commissioner Gort: They are all self -sustained?
Mr. Lee: Yes, sir.
Commissioner Gort: Do they produce enough revenues to?
Mr. Lee: Yes sir, they do.
Commissioner Gort: What are the revenues produced by these golf carts?
Mr. Lee: I believe it was approximately one hundred and sixty-five thousand dollars ($165,000).
I'll have to verify that for you, Commissioner. But we did project a profit on this based on past
performance.
Commissioner Gort: So on past, based on past performance my understanding is we're going to
pay fifty-two thousand and this will produce about one hundred thousand?
Mr. lee: Yes, sir. But I have to verify that fact to be sure. I have not checked it.
Commissioner Gort: Thank you.
Mr. Lee: OIL.
Mayor Carollo: Mr. Manager, who is here from the administration that can answer financial
questions that I'm going to ask of the Miami Springs Golf Course? Is...
Mr. Marquez: Miami Springs, it would be Wally Lee and...
Mr. Lee: If you give me the question I'll check with the appropriate department and I'll get right
back to you, Commissioner.
Mayor Carollo: Wally, can you give me the numbers of what we're making or losing, on a
yearly basis at Miami Springs Golf Course?
3 January 23, 1997
Mr. Lee: Yes, sir.
Mayor Carollo: And what is the anticipated revenue versus expenses for this fiscal year?
Because I will tell you now, if we are anticipating; losing revenues there, I will be inclined to
close it down.
Mr. Lee: Yes, sir, I will get this to you within the hour.
Mayor Carollo: This item CA-2, we are going to pull it out of the agenda and deal with it
separately later in the afternoon.
Mr. Mariano Cruz: I was going to say something, probably I won't be here in the afternoon.
Mariano Cruz, 1227 Northwest 26th Street. I am here concerning CA-2. I say, what is the
benefit to us, the City residents of the Golf Course? How much are we going; to benefit directly?
Because I... it looks to me that the City is going;, forgetting about basic services. Trash pickup,
go to the Produce Market to see how it is. It's right there next door to the Solid Waste
Department, how it is, the big problem we've got there. And then we take care of this and
nothing happens. And, the monies, we need money. We have a building at Allapattah Comstock
that is being finished for quite some while and we cannot open or service and give programs for
the children because there is money or there is money for that. And going back to the Golf
Course, I was here when they voted the money for the Melreese, three point nine million dollars
($3,900,000) and now I heard that already with the cost overrun it's going like seven million
dollars ($7,000,000). Man, I tell you that's... I mean, why didn't you get the golf course with
the basic service? Police, Fire, Trash pickup. I tell you.
Commissioner Plummer: Mariano, wherever you're listening, you better plug into a different
station. Unless you know something that I've never heard and I see the Manager shaking his
head about seven million dollars ($7,000,000).
Mayor Carollo: Can the?
Commissioner Plummer: I wish you wouldn't make statements like that, that you don't have any
backup on because to my knowledge...
Mr. Cruz: I heard rumors, it's a rumor.
Commissioner Plummer: Well, OK. But, say that it's a rumor, all right.
Mr. Cruz: Right. I said it's a rumor, right.
Commissioner Plummer: Because it's not true, OK.
Mayor Carollo: Gentlemen, we are not going to get any discussions that are only...
Mr. Cruz: Maybe the new time we're investigating...
Mayor Carollo: Mariano, thank you...
Mr. Cruz: OK.
Mayor Carollo: ... but we have to talk about the golf carts here. And if you have anything else
to contribute on the golf carts I'll be happy to hear it but if not let's stick to the issue.
4 January 23, 1997
Mr. Cruz: No, probably I am going to take up golfing in the next one. I'll get better service.
Mayor Carollo: Well, I don't golf like most Miamians do. Is there a motion?
Commissioner Plummer: I move Consent Agenda.
Mayor Carollo: There is a motion to move the Consent Agenda. Mine is CA-2 that was
deferred to the afternoon.
Commissioner Plummer: Excuse me, why is that? I mean why are we deferring it?
Mayor Carollo: I asked for it to, Commissioner. I want to go over the expenses...
Commissioner Gort: Finances.
Mayor Carollo: ... and amounts that we're receiving in Melreese Golf Course. Plus...
Commissioner Plummer: I have no problem with that. But, I mean we're not closing it down
and they got to have golf carts out there and this is on a month -to -month basis.
Mayor Carollo: We understand that, Commissioner, but there is...
Commissioner Plummer: OK, hey, you want to defer it till the afternoon, we'll still take care of
it, then it's fine with me.
Mayor Carollo: We will take it then in the afternoon. It's second by Commissioner Hernandez.
All in favor signify by saying "aye."
The Commission (Collectively): Aye.
----------------------------------------------------------------------------------------------------------------
2. SECOND READING ORDINANCE: DECLARE SIX (6) MONTH
MORATORIUM ON ASSESSMENT OF ADDITIONAL FEES FOR
RESIDENTIAL PROPERTY APPLICATIONS FOR ZONING VARIANCES
PURSUANT TO CODE 62-61 (4) -- WHERE APPLICANT SEEKS TO
CORRECT A VIOLATION OF CITY ORDINANCES RELATING TO
FAILURE TO HAVE PROPER VARIANCES OR RESIDENTIAL BUILDING
PERMITS FOR CONSTRUCTION OF CONCRETE SLABS, FENCES, ROOFS,
SHEDS, ROOF -COVERED TERRACES, ADDITIONS OR ALTERATIONS,
WITH VARIANCES STILL SUBJECT TO PAYMENT OF APPLICABLE
FEES.
Commissioner Plummer: Move item two.
Mayor Carollo: There's a motion on item...
Commissioner Gort: Second.
Mayor Carollo: ... two. It's a second reading ordinance. It's been second by Commissioner
Gort. If you could read the ordinance please?
1;�
January 23, 1997
t
[At this point, the City Attorney read the ordinance in its entirety]
Mayor Carollo: Call the roll please?
Mr. Walter J. Foeman (City Clerk): Roll call.
An Ordinance entitled -
AN ORDINANCE DECLARING A SIX (6) MONTH MORATORIUM ON THE
ASSESSMENT OF ADDITIONAL FEES FOR RESIDENTIAL PROPERTY
APPLICATIONS FOR ZONING VARIANCES PURSUANT TO THE CODE OF THE
CITY OF MIAMI, FLORIDA, CODE 62.-61 (4), IN CIRCUMSTANCES WHERE THE
APPLICANT SEEKS TO CORRECT A VIOLATION OF CITY ORDINANCES
RELATING TO FAILURE TO HAVE PROPER VARIANCES OR RESIDENTIAL
BUILDING PERMITS FOR THE CONSTRUCTION OF CONCRETE SLABS,
FENCES, ROOFS, SHEDS, ROOF -COVERED TERRACES, ADDITIONS OR
ALTERATIONS, WITH VARIANCES STILL SUBJECT TO PAYMENT OF
APPLICABLE FEES AUTHORIZED BY CITY CODES 62-61 (1),(2) AND (3), AND
COMPLIANCE WITH ALL OTHER PROCEDURAL REQUIREMENTS;
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 12, 1996, 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11435.
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.
Mayor Carollo: We're in three.
Commissioner Plummer: Mr. Mayor, can I stop for one minute?
Mayor Carollo: Yes, sir.
Commissioner Plummer: I was handed these items that are withdrawn as items four and 12. I
don't see a 12 on my agenda. Now, have I got a bad agenda?
Mayor Carollo: I think that was a supplemental agenda that was sent to us.
6 January 23, 1997
th
Commissioner Plummer: Well, OK, that was my second question. The supplemental is here and
there is a stack of them over there after I have was told that this matter had been withdrawn.
Why are these supplementals out? Hello? I'm calling collect.
Mr. Marquez: I can't answer why these supplementals were out but they probably were printed
and...
Commissioner Plummer: Well, OK, then somebody ought to turn around behind you and take
them off of the ledge over there.
Mr. Marquez: Consider it done.
Commissioner Plummer: Thank you, Mr. Mayor, I'll throw these away.
----------------------------------------------------------------------------------------------------------------
3. FIRST READING ORDINANCE: PROPOSAL TO ESTABLISH NEW
SPECIAL, REVENUE FUND ENTITLED: "DHRS (PY '97) - ENTRANT /
REFUGEE ASSISTANCE PROGRAM", -- APPROPRIATE FUNDS FOR
$112,342 FROM GRANT AWARD THROUGH THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM (SF ETC).
Mayor Carollo: OK, Commissioner.
-Commissioner Gort: Move three.
Commissioner Plummer: Second.
Mayor Carollo: A motion, a second on item number three, first reading ordinance. Mr. City
Attorney, can you read it?
[At this point, the City Attorney read the ordinance in its entirety]
Mayor Carollo: Before you read the roll call, let me ask you a question, Mr. City Attorney?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes.
Mayor Carollo: Why at the end of?
Mr. Jones: That's a... I am sorry, that's a correction. It shouldn't be the... delete "providing for
inclusion in the City Code."
Mayor Carollo: OK.
Mr. Jones: That's an error on my part.
Mayor Carollo: That's what I thought. (phonetic) OK, thank you. Read the roll, please.
Mr. Walter J. Foeman (City Clerk): Roll call.
7
January 23, 1997
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "DHRD (FY '97) - ENTRANT/REFUGEE ASSISTANCE PROGRAM",
AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
AMOUNT OF $112,342 FROM A GRANT AWARD THROUGH THE SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFECTC);
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE SFETC FOR THIS PURPOSE CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE.
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
----------------------------------------------------------------------------------------------------------------
4. BRIEF COMMENTS FROM COMMISSIONER PLUMMER CONCERNING
IMPORTANCE OF COMMISSION'S APPOINTMENT TO WAGES BOARD
OF THE SOUTH FLORIDA CONSORTIUM.
Commissioner Plummer: Mr. Mayor, let me, if I may, bring my colleagues up-to-date? I
attended the meeting yesterday as you know in reference to the new money that is coming down
called wages. It was originally proposed to go under the JEP Board, and we fought like tigers
for that but Mayor Penelas did in fact come forth with his own plan in which they will have a
totally and separate Wages Board not under the control, and I'm sorry to tell you that the City
will lose a great deal of control. The City who probably has more need for the welfare recipients
than anyone, we will only have one appointment out of 35. We were before one appointment out
of five. So, it's unfortunate that those things have happen, but I just want you to know, myself
and Raul Martinez fought like tigers at that meeting yesterday, but we lost. And it's going to be
a great deal of... out into the private sector and the Chamber or Commerce and our people in the
City, we're going to have to make one key appointment who is going to go there and scream
continuously loud and strong to try to take care of the people within the City. I think the major
probletn that existed yesterday, that they are going to be making major corporations who are
laying people off, they're looking to these corporations to provide jobs. And yet, FP&L (Florida
Power & Light) are laying people off, American Airlines is laying people off. All of these
people are laying their employees off and are going to create more need for jobs, yet these are
8 January 23, 1997
the ones they're looking to provide jobs. So, all I can say to you is on behalf, as long as I
continue to sit on the consortium, that in fact, I will scream loud and long from that post but
whatever one appointment we have to make to that board we better be very, very careful in who
we appoint. Just making that report.
Mayor Carollo: Thank you, Commissioner.
I----------------------------------------------------------------------------------------------------------------
5. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING OF AN
EMERGENCY -- WAIVE COMPETITIVE SEALED BIDS -- APPROVE
PROCUREMENT OF TEMPORARY STAFFING/TECHNICAL SERVICES
FROM MANPOWER, INC., -- ALLOCATE FUNDS ($8,055.60, FROM
GSA/SW, COMMUNICATIONS SERVICES DIV., INDEX CODE 420601-
340).
i
Mayor Carollo: Thank you Commissioner. OK, we're on the next item on the agenda.
Commissioner Plummer: Item five.
Commissioner Gort: I move it.
Mayor Carollo: There's a motion, there's a second. Any questions from the Commission?
Commissioner Gort: I've got some questions. My understanding is; how many individuals are
we going to be using?
Mr. Ron E. Williams (Assistant City Manager/Solid Waste): Item Five, Commissioner?
Commissioner Gort: Yes.
Mr. Williams: We don't have anyone left there. This was during a period of time...
Commissioner Gort: When we were using the grati...
Commissioner Plummer: Gratify.
Mr. Williams: Yeah.
Commissioner Gort: OK, thank you.
Mayor Carollo: All right, any further questions? Hearing none, all in favor signify by saying
"aye."
The Commission (Collectively): Aye.
9 January 23, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-46
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND APPROVING THE PROCUREMENT OF
TEMPORARY STAFFING/TECHNICAL SERVICES FROM MANPOWER, INC., IN
THE AMOUNT OF $8,055.60; ALLOCATING FUNDS THEREFOR FROM THE
GENERAL SERVICES/SOLID WASTE (GSA/SW) DEPARTMENT,
COMMUNICATIONS SERVICES DIVISION, 1996-1997 BUDGET, INDEX CODE
NO. 420601-340.
(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 Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
6. DISCUSS BRIEFLY WITHDRAWAL OF AGENDA ITEM 4
[REHABILITATION OF CITY -OWNED TOWER THEATER] -- ADVERTISE
PUBLIC HEARING FOR SAID ITEM FOR 2/27/97.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Six.
Vice Mayor Regalado: Mr. Mayor, number four, the Tower Theater. Did we?
Commissioner Plummer: Four was withdrawn.
Mayor Carollo: Four was deferred.
Commissioner Plummer: No, it was withdrawn.
Vice Mayor Regalado: Withdrawn?
Mayor Carollo: Yeah, withdrawn by the administration.
Vice Mayor Regalado: Oh, well, I didn't know. Why is it? Mr. Manager?
10 January 23, 1997
r�
Mr. Edward Marquez: (City Manager): It was at the request of the department... for Jack Luft.
Mr. Jack Luft (Director, Community Planning and Revitalization Dept.): The Tower Theater
project, we have been advised by the Office of Community Development that federal regulations
will not allow us to reallocate monies until there has been a community -wide hearing after a 30-
day notice. So, the Community Development office has posted that notice. They've advertised
there will be hearing on February 27th to discuss with the community all of these reallocations.
After that, we will then, legally, be able to proceed with those reallocations, but not until. So, we
only learned this a few days ago, so we've been unfortunately asked to withdraw this.
Commissioner Plummer: That's item four?
Vice Mayor Regalado: Right. When? You said February the 27th?
Mr. Luft: February 27th will be the community public hearing that has been advertised, and all
of these reallocations, the one point six million will be discussed at that time. This will be part
of that.
Vice Mayor Regalado: Where, here?
Mayor Carollo: OK. Any further question, Commissioner?
Mr. Luft: Here. We have our construction drawings complete. Our bid documents are
complete. We are doing dry runs on the drawings now. We will proceed immediately with
construction bids if this item does pass on the 27th.
Vice Mayor Regalado: But March...
Mr. Luft: The Tower Theater.
Vice Mayor Regalado: March 31st, is the deadline.
i
Mr. Luft: March 31st. We spoke to Tallahassee yesterday. We are sending them a letter.
We're explaining the circumstances and they're willing to grant us a 90-day extension. So, we'll
secure those funds. We'll be able to move quickly after that.
Mr. Mariano Cruz: Can I say something regarding that?
Mayor Carollo: This item is not on the agenda Mariano so... On the next one it will.
Mr. Cruz: But, as a member of the board.
Mayor Carollo: Mariano, I'd appreciate it if you could wait for when an item is on the agenda
Mr. Cruz: I will say it later.
Mayor Carollo: I appreciate it, thank you.
11 January 23, 1997
---------------------------------------------------------------------------------------------------------------
7. AMEND / RESTATE CITY 457 DEFERRED COMPENSATION PLAN,
KNOWN AS PEBSCO MAYOR'S DEFERRED COMPENSATION PLAN
(THE "PLAN") -- BRING SAID PLAN INTO COMPLIANCE WITH NEW
INTERNAL REVENUE CODE REGULATIONS.
Commissioner Plummer: Item six, seven and eight are merely, as I understand it complying with
the new congressional regulations and if you want I'll move six, seven and eight as one item, if I
can. If not, I'll do them individually. I move six.
Mayor Carollo: It's got to be individually. It's got to be individually.
Commissioner Plummer: OK, I'll move six. Go through them in a hurry.
Mayor Carollo: Motion on six.
Commissioner Hernandez: Second.
Mayor Carollo: Second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by -Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-47
A RESOLUTION AMENDING AND RESTATING A CITY OF MIAMI 457
DEFERRED COMPENSATION PLAN, KNOWN AS THE PEBSCO MAYOR'S
DEFERRED COMPENSATION PLAN (THE "PLAN"), ATTACHED HERETO AND
MADE A PART HEREOF, TO BRING SAID PLAN INTO COMPLIANCE WITH
CERTAIN NEWLY ENACTED INTERNAL REVENUE CODE REGULATIONS;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
EFFECTUATE SAID PLAN AMENDMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
12 January 23, 1997
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
8. AMEND / RESTATE CITY 457 DEFERRED COMPENSATION PLAN,
KNOWN AS COPELAND COMPANIES PLAN -TRUST DECLARATION
(THE "PLAN") -- BRING SAID PLAN INTO COMPLIANCE WITH NEW
INTERNAL REVENUE CODE REGULATIONS.
Commissioner Plummer: Seven.
Mayor Carollo: Motion of seven.
Commissioner Hernandez: Second.
Mayor Carollo: Motion, second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-48
A RESOLUTION WITH ATTACHMENTS, AMENDING AND RESTATING A CITY
OF MIAMI 457 DEFERRED COMPENSATION PLAN, KNOW AS THE COPELAND
COMPANIES PLAN -TRUST DECLARATION (THE "PLAN"), ATTACHED
HERETO AND MADE PART HEREOF, TO BRING SAID PLAN INTO
COMPLIANCE WITH CERTAIN NEWLY ENACTED INTERNAL REVENUE CODE
REGULATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EFFECTUATE SAID PLAN AMENDMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
13 January 23, 1997
11
ray
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
NAYS:
ABSENT:
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
None.
None.
----------------------------------------------------------------------------------------------------------------
9. AMEND / RESTATE CITY 457 DEFERRED COMPENSATION PLAN,
KNOWN AS ICMA RETIREMENT CORPORATION DEFERRED
COMPENSATION PLAN AND TRUST (THE "PLAN") -- BRING SAID PLAN
INTO COMPLIANCE WITH NEW INTERNAL REVENUE CODE
REGULATIONS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move eight.
Commissioner Hernandez: Second.
Commissioner Plummer: For the record, let it be known that these were in compliance with
bringing these into the rules and regulations that are set forth.
Mayor Carollo: The bottom line is, it's not going to cost the City any additional dollars.
Commissioner Plummer: None. Well, it's protecting...
Mayor Carollo: That's the main rule I'm interested in.
Commissioner Plummer: What it in effect is doing is protecting our employees that contribute to
these funds.
Mayor Carollo: OK, all in favor on item eight signify by saying "aye."
The Commission (Collectively): Aye.
14 January 23, 1997
a
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-49
A RESOLUTION WITH ATTACHMENTS, AMENDING AND RESTATING A CITY
OF MIAMI 457 DEFERRED COMPENSATION PLAN, KNOWN AS THE ICMA
RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST
(THE "PLAN"), ATTACHED HERETO AND MADE A PART HEREOF, TO BRING
SAID PLAN INTO COMPLIANCE WITH CERTAIN NEWLY ENACTED
INTERNAL REVENUE CODE REGULATIONS; AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID PLAN
AMENDMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
10. (A) ALLOCATE ADDITIONAL FUNDS ($30,000 FROM 22ND YEAR
CDBG , ACCT CODE 452222-940, PROJECT 799229) -- FOR LOT
CLEARING SERVICES BY RIPLEY'S LAWNCARE, INC./ CANO
LANDSCAPING SERVICES / J.R. ALVAREZ LAND CLEARING.
(B) COMMENTS BY COMMISSIONER PLUMMER ON
ESTABLISHING LOT CLEARING PROGRAM SIMILAR TO
METRO-DADE COUNTY'S WHERE FINES OR LIENS ARE
PLACED ON PROPERTIES WHICH DO NOT COMPLY.
--------------------------------------
--------------------------------------------------------------------------
Mayor Carollo: We're in item 8-A.
Commissioner Plummer: Eight A, I'll move it.
Mayor Carollo: There's a motion, 8-A. Is there a second? Second by Commissioner Gort. Any
discussion?
Commissioner Hernandez: Yeah.
Mayor Carollo: Go ahead.
15 January 23, 1997
Commissioner Hernandez: Mr. Manager, on item 8-A, in the past and we just had an item last
Commission meeting, that we waived a lot clearing lien that existed on the Brownsville project
in Wynwood. I'd like to see the possibility of, and I've discussed this with some of the people
with Building and Zoning, of the City providing the actual, if we have the manpower, the actual
services to do the demolition. Usually, for example, in this case we pay out of pocket, we paid
one hundred and twenty-eight thousand dollars ($128,000) out of pocket to demolish that land.
And I think, it's been my experience that we've been getting beat -up with what we're paying the
private sector to demolish and do lot clearing. I don't know if it's feasible or economically
feasible for us to do it ourselves versus the private sector but I'd like you to look into that.
Commissioner Plummer: You can bid it.
Commissioner Hernandez: And I don't even know what Community Development is doing in
this sector of City business. I mean, this used to be handled specifically by, I remember it,
Unsafe Structure Division of Building and Zoning or Lot Clearing section.
Mr. Edward Marquez (City Manager): The Community Development group is handling the
funding to... for these lots for... like clearing purposes.
Commissioner Hernandez: Who does the supervision of these lot clearing services?
Mr. Elbert Waters (Director, NET/Community/Development): Good morning Mr. Mayor and
Commissioners. For the record, Elbert Waters, Director of CD (Community Development).
Regarding the lot clearance, the Community Development NET (Neighborhood Enhancement
Teams) Department provides the funding for lot clearance through our CDBG program. That
funding is available throughout our entire eight CD targeted areas and what it in essence does is
provides us with monies to help with the health/safety of those various different neighborhoods.
Regarding... The supervision is handled under our NET administrators in the 13 various
different NET service centers. The question pertaining to demolition again, through our
Community Development Block Grant program we provide the City the funding that's necessary
to allow the City to handle those demolition payments.
Commissioner Plummer: Well, let me add... Mr. Manager, a month or two ago I brought to you
attention a program, which I think you said you were familiar with which is from the County.
And that program is, is we received in our tax notices from the County, that if they did not clear,
I think it was every 60 days, whatever that program -- I think it was 60 or 90 days -- that the
County would go in and mow the grass and bring that lot into a presentable condition and send
them a bill or put a lien on their property. Are you familiar with that?
Mr. Marquez: Yes, I am familiar with the program.
Commissioner Plummer: OK. And I asked that that be brought before this City Commission.
Now, I think Humberto is talking to basically demolition, at least I think that's what it is, and I
don't mean to steal anybody's thunder. But I asked that that matter be brought back to this
Commission because I thought it was a tremendous program when you drive around and you see
these private properties that the grass is up this high and the rats are running out and the snakes
are in and people throw garbage into those particular lots. If in fact it's legal that we can provide
a service that if people don't clean their own property and keep it in a reasonable condition that
we can send our troops in these to do it and send them a bill to pay it or if not then we put a lien
against their house. I think it's something that needs to he done. It needs to he done, it needs to
be done quickly. When we hear all of this stuff about the trash problem that we're experiencing,
a great deal of that trash is on private land, which we never have the opportunity to pick up
anyhow, but I think it's 60 or 90 days in the County if you don't do your property the way it
16 January 23, 1997
should be. And a lot of these are lots that are, you know, just I own a lot and I pay the taxes on it
but I don't live there and I don't give a damn.
Commissioner Gort: Absenteeism,
Commissioner Hernandez: Commissioner, I was addressing both issues. Because...
Commissioner Plummer: OK, all right. Well I, you know, it came to my attention Bert, because
of the fact that in my tax notice...
Commissioner Hernandez: Yeah.
Commissioner Plummer: .. and you probably got the same, that it was there from the County
that said you do it, if you don't we'll do it for you. And I think it's a good program.
Commissioner Hernandez: No question about it. And I...
Commissioner Plummer: Absolutely. And, you know, we can enforce it, then let's do it. So,
Mr. Manager, I hope you will put that on the next agenda. We're not creating the wheel, we're
using the wheel. Obviously, the County has already gone through whatever is necessary, and
let's get it in the City and let's clean this City up a little bit.
Mayor Carollo: Mr. Waters, where was this money originally allocated to that now it's become
available?
Mr. Waters: These... The thirty thousand that we're recommending, Mr. Mayor, will be coming
:from our project code number 799229. It's from our Community Development Block Grant
funds and that's the account code. We have on numerous occasions have funds that are derived
through program income, and where they're not really have a whole lot of restrictions tied to
them. When that is available, we on an annual basis come up with approximately two million
dollars in program income. So, we're moving or recommending that the City Commission allow
the administration the thirty thousand into that account to take care of this program.
Mayor Carollo: But you still haven't answered my question. You gave me a series of numbers
of an account, that is where it came from, but you haven't told me what that account was
supposed to be used for.
Mr. Waters: It's from our contingency fund, Mr. Mayor. I will be able to pull the actual account
number and the project code number to you in a few minutes, if I would be allowed to do that?
Mayor Carollo: OK, if it's from a contingency fund, how much money do we have altogether in
that contingency fund?
Mr. Waters: Roughly speaking, in contingencies we average approximately two million dollars
on an annual basis. And again, within that contingency those funds are, in most cases, are
4-1
unrestricted because we're making money I guess, on loans that are coining in and the like and
they're unrestricted.
Mayor Carollo: OK, if you can confirm all that you're telling me in writing by the end of the
day, I'd appreciate it also.
Mr. Waters: Yes, sir. Yes, sir.
Mayor Carollo: Once this money is paid and we get it back, what process are we going to follow
to see where it is going into. Is it going back to CDBG or is it coming back to the General Fund?
17 January 23, 1997
Y
Mr. Waters: The...
Mr. Marquez: Mr. Mayor, if I may? All program income generated from the CDBG program
has to flow back into the CDBG program. There are certain sub -projects like Rehab loan
programs that are specifically earmarked to be revolving in nature. So, those would not roll up
into any type of reserve or contingency amounts. But that's the general restriction. It can't
benefit the General Fund and normally speaking, these program income amounts, from my
recollection, have to be reallocated in a formal process by the City Commission and that's part of
what he's doing here. He's coming in with a program income amount. I believe he's coming in
with the program income amount that needs to be reallocated for the first time.
Mayor Carollo: Well, if you could also include in that report what process that you have in place
that would make sure that it goes back to CDBG then?
MR. Waters: OK. Yes, sir.
Mayor Carollo: Commissioner.
Commissioner Gort: Mr. Mayor if possible, I'd also like to know how much we have left over
from other years from previous years, we really never got into amounts, on how much we have.
Commissioner Plummer: That has not been used (phonetic)
Commissioner Gort: That was allocated that was not used.
-Mr. Waters: Each year, Commissioner Gort, as we move to the next program year and the
Commission has an opportunity to review those proposals that have been proferred for the
Commission's approval, in the consolidated plan we indicate that monies that are there. I mean
the monies that are being recommended for funding and in addition to that, in that consolidated
plan it stipulates those dollars that have been... program income that will be rolled over within
the program year. So, in essence as an example, we receive 13, we will receive thirteen point
one million dollars ($13,100,000) this year in addition to our program income which is
approximately two million dollars ($2,000,000). That would make our total amount for CDBG
approximately fifteen million. So that's the general process.
Commissioner Gort: Do we have any carry over from previous years that was not... that was
allocated and was not used?
Mr. Waters: We have some. Before this body on February 13th, we'll be before you asking the
Commission to reallocate those dollars that have been previously designated for other programs
in an effort to assist the City in its capital improvements and the likes.
Commissioner Gort: OK, thank you.
Mr. Marquez: Mr. Mayor, just so that there will be a clear understanding of this matter, can I
ask that we produce two reports? One for each specific question regarding this account that's in
this resolution so that you know, and that will be out today. And within the week I'll ask the
department to produce a summary of their reallocation process so that you can see where we're
picking up unused CDBG funds from projects that have been allocated in the past. How
program income gets factored in and how this all relates to the public hearing process?
Mayor Carollo: That's fine, Mr. Manager.
18 January 23, 1997
Mr. Marquez: Thank you.
Mr. Waters: Thank you.
Mayor Carollo: Any other questions from the Commission?
Mr. Mariano Cruz: Yeah.
Mayor Carollo: Mariano.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street in Allapattah, Miami. I come now not just
as a resident and taxpayers of the City of Miami, not a federal taxpayer, an elected representative
of the Allapattah target area in the Community Development Citywide Advisory Board, and I
take that position very seriously. People ask me questions, I tell them. And, OK, they say, well,
the money is maybe from a contingency fund, they're going to pass that. But about this ad? The
advertising for the 27th, and I bet very few people read the ad. Page seven B, of the Miami
Herald together with the Florida news. Who goes this far? But I read the local news first and
then at nighttime I go Across the World peruse page by page and I go and I find here seven-B,
with a copywriter that took Creative Writing 101, as you can see here, and then move in front...
Tacolcy already knows about this because I went there with the... and gave them a copy of this.
Because Tacolcy here is going to he reallocated too. And today, and they have received the
agenda in item four, they were talking about the Tower Theater too. And here it is they will be
taking money that is supposed to he used in the cleanup of the Produce Market in Allapattah,
where we have a hit problem there for years, and years, and years, and years and they will
reallocate that money, I don't know where. And I remember... and they never, they never told us
anything as members of the board there. I mean, what is this to? That's copying from J. Edgar
Hoover's, Masters of Deceit?
Mr. Manuel Gonzalez-Goenaga: Good morning, Commissioners. Well, I am making a
suggestion that since the City of Miami is the way it is, and has been that I strongly suggest that
a resolution be presented to the federal government, that are already investigating the City of
Miami, to go into these things that are federal money, CDBG funds. The way they have been
spent, the way they have been allocated, the way they have been switched and also on FEMA
(Federal Emergency Management Agency) issues. I understand that there are quite a few
million dollars to be recovered and, if we are going to clean sweep the corruption in this City, as
I have said many times, I must have started from the top down. There is a lack of moral in the
employees, I don't blame them because the City, the ex -City Manager used to say "we must lead
by example." Well, that's why many employees are fallowing his example. And these are
things that was said here by him, and have recorded and I have been protesting many, many
times, nobody paid me attention. I paid very dearly with ten arrests and remember the
employees are trying to protect themselves. Money are the wings of love. Thank you.
Mayor Carollo: All right. Is there a motion and second on item 8-A?
Commissioner Hernandez: Motion.
Commissioner Gort: Yes, move it.
Mayor Carollo: OK, there's a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
19 January 23, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-50
A RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT/NET
DEPARTMENT TO ALLOCATE AN ADDITIONAL $30,000 FROM 22ND YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR LOT
CLEARING SERVICES FURNISHED BY RIPLEY'S LAWNCARE, INC., CANO
LANDSCAPING SERVICES, AND J.R. ALVAREZ LAND CLEARING;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE 452222-940,
PROJECT NO. 799229;1 SAID SERVICES AND INITIAL ALLOCATION, IN THE
AMOUNT OF $150,000 FROM CDBG FUNDS, WERE APPROVE PURSUANT TO
RESOLUTION NO. 95-735 ADOPTED ON OCTOBER 16, 1996; AUTHORIZING
THE CITY MANAGER TO INSTRUCT HE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR SAID SERVICES IN ORDER TO PAY
OUTSTANDING INVOICES.
(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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice' Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. Manager, Mariano just made a statement. I thought that the
Produce Market was privately owned. Why aren't we in there forcing them to clean it up
themselves, if they're private, profit making company? Hello, I'm calling collect.
Mr. Marquez: I'll have our administratives answer that question.
Commissioner Plummer: Well, I.... Isn't the Farmers Market on 20th Street, privately owned
and if it is, why aren't we forcing them to clean up their mess rather than giving them money to
do it?
Mr. Luft: Are you talking about Cavello's Market, 23rd and 12th Avenue?
Commissioner Plummer: I'm talking... I assume the market that he mentioned was what I
know, is a produce market.
Commissioner Gort: Twenty-third and 12th.
Mr. Luft: Twenty-third and 12th, that is Cavello's market. That's all private, that's a wholesale
distribution food produce center.
r
20 January 23, 1997
Commissioner Plummer: But why? Mariano, if he's correct, said that they were taking federal
money to clean it up. If it is privately owned and I am sure it's for a profit, why aren't we there
saying to them, clean up your own mess?
Mr. Cruz: They don't do it.
Commissioner Plummer: No, I'd like to know.
Mr. Luft: I'm not certain that it was federal dollars for clean up.
Commissioner Plummer: Well, I'd sure...
Mr. Luft: It may have been federal dollars for transportation issues...
Commissioner Plummer: OK.
Mr. Luft: ... on the trucking and loading servicing and circulation.
Commissioner Plummer: Excuse me, would you please tell me what the money that was
supposedly allocated to go to the Farmers Market was for and why we the City, are not in there
cracking the whip, saying to those people "we want you to clean it up?" And if you'll send me a
memo to that effect, I don't have to take any more of the Commission's time?
Mr. Luft: Fine.
Commissioner Plummer: Thank you.
i Commissioner Gort: Make sure and send copies to all of us.
Commissioner Plummer: Of course.
----------------------------------------------------------------------------------------------------------------
11. CAPT. DAVID MILLER, PORT OF MIAMI, REPORTS ON MIAMI RIVER
QUALITY ACTION TEAM'S EFFORTS TO CLEAN RIVER / REMOVE
HAZARDS TO NAVIGATION.
j----------------------------------------------------------------------------------------------------------------
Mayor Carollo: And...
Commissioner Plummer: Item nine is appointments.
Mayor Carollo: Item nine is appointments. Before we get into the appointments, Commissioner
Regalado has a special guest that we have here this morning. We have the Captain of the Port of
Miami for the U.S. Coast Guard, Captain David Miller. If Commissioner Regalado can
introduce him and explain to the Commission why he's here today. s
Vice Mayor Regalado: Yes, thank you very much, Mr. Mayor, members of the Commission.
The Miami River is a major concern of all the members of this Commission and I guess that it's
important that the people of Miami know what is being done with the river and that this
Commission will have details of the steps that are being taken for this area which is so important
for the City of Miami. Captain David Miller is the Captain of the Port for this district and as
commanding officer for the Marine Safety office in District VII, Captain Miller has launched a '
i
21 January 23, 1997
6
r:
unique public/private enterprise known as the "Miami River Quality Action Team" and we just
have the report on this matter and I am sure that this Commission and the people of Miami
watching in NET 9, will be very interested in hearing what he has to say. So, Captain Miller,
good morning, sir.
Captain David Miller: Good morning and thank you for providing this opportunity to make this
short presentation. First I'd just like to say we started this off as a letter to the industry on the
Miami River and the agencies that regulate the river. As many of you know, there are, multi
agencies, depending on when you count it there were 32 to 37 agencies that have some sort of
regulatory force on the river both federal, state and City. We also have numerous industries on
the river and initially, upon review of the river, we have many pollution cases, we have many
casualties with vessels, that's more in my area, but also a lot of sanitary problems with sewage
being discharged. And I sent out a letter to the industry and the agencies involved to participate
in a working group and basically had a very large response. We had about 70 members that
attended our first meeting. We developed sort of an agenda of what the problems were that we
noted on file river from a wide range, not just strictly Coast Guard and we identified numerous
problems, liazards and navigation. We identified, including vessel rafting in the river, meaning
the vessels were ratting out plugging up the navigable channel causing delays in commerce,
causing casualties, improper moving of vessels, vessels were breaking away. Another problem
identified was the water duality on the river. There were numerous small oil spills, numerous
small sanitary spills. There were numerous derelict vessels on the river, that is vessels that were
not basically managed properly, or the owners had either left town and left the vessels there for
somebody else's problem. And we had many vessels arriving on the river that didn't provide
proper notification that they were arriving and therefore were getting into the river and basically
going to a facility or to a private residency and tying up along there causing numerous problems.
The group then refined itself to some of the major agencies, some of the major industries. For
example the waterfront facilities, there's probably 35 up there. Two of the leading spokesmen
for the facilities volunteered to be part of a much smaller group, a quality action team, you know,
in the name of it and we did the same thing with the tow boat operators, the vessel operators, the
different agencies. If you have the annual report, it kind of lists many of the agencies that were
involved. And during the course of last year, we tackled these problems that were identified, and
we tackled this in a group effort. And I am very pleased to report that this group effort created a
synergy that really finally got over some of the hurdles and the problems that I believe were long
standing on the river. We were able to work the hazards and navigation problems through both
myself, the Coast Guard, the tow boat operators on the river and the vessel operators to ensure
that a navigable channel would he open at all times. We set up policies. We now have a set of
federal regulations that are working that are working its way through Washington at this point to
establish a regulated navigation area so that these policies will be well established when I get
transferred or somebody else moves in that we have them there. We also through joint efforts of
agencies and vessel owners, facility owners have systematically set up a better recording system
for oil spills and sewage discharges and now we are able to respond much quicker and with the
various different agencies that have responsibilities, not just the Coast Guard. DERM
(Department of Environmental Resources Management) is also responding and we're able to
reduce oil spills, as you can read in the report. Derelict vessel problem was a fairly serious one.
There were probably 25 vessels of various sizes that were on the river that really nobody had any
ownership of or had declined ownership and were falling in to disrepair. We were able to use
the group's efforts and the efforts of some of the Law Enforcement agencies, City of Miami
Police Department was very, very helpful. And to track down some leads on the owners so that
we could get the responsible parties to take care of their problems. Where we could not find a
responsible party to remove the derelict vessel, we utilize the program where we sink them for
artificial reefs. And it's been very successful. We've also combined efforts on the waterfront
facilities. Waterfront facilities take a lot of the cargo, off load ships, on load ships. Some of the
safety criteria on the facilities for fire fighting, for safety, for general cleanliness were not being
maintained. I think this is one of the biggest successes of the agencies getting together in a
22 January 23, 1997
group, and doing group inspections of these facilities, so that everybody that had some sort of
regulatory authority over the waterfront facilities was there at one- time. It was good and I
actually received compliments from the waterfront facility owners that these combined
inspections were good because we didn't have several agencies showing up at different times
requiring possibly different items. So, that was one of the larger successes. We ventured into a
program working with the bridge operators to provide notification of vessels. We provide them
a list of vessels that are not allowed to come in port or do not have the proper notification and the
bridge tenders have volunteered and stepped forward and become some of our eyes on the
waterfront to assist us and we've been able to now, know every vessel that moves on the river
vice a hit or miss attitude. I believe this effort has... We've taken numerous individuals on tours
of the river now, I have only been here a year and a half. I have seen some major changes on the
river in the water quality and also the number of vessels on there and we're not receiving the
number of complaints we had received earlier on marine casualties and vessels hitting bridges
and blockage to navigation. And I've heard the same from other senior officials in the area that
the river is getting cleaned up. And I believe the group together has created a synergy of both
public and private enterprises that has really helped it in proceeding in the right direction to
improve the river's quality. Our general charter for this was not only to improve marine safety,
my problem, and water pollution but also the commercial viability of the river so that vessel
operators on the river could ensure their schedules were maintained without having blockage to
the river or any other problems. We've done this through what we call a two part, and this was
developed by the team. It was a ►natter of education. We've put out a lot of education materials.
We've had it... those type of materials translated into Creole, Spanish, the numerous languages
that are used on the river so that we can educate people and also a strict follow-up on
enforcement where we've had to use the enforcement side to ensure some of the other operators
that were not complying complied. I'd like to... I'm pleased to report that about 95% of the
operators, once they realized the rules and what was established and what was required, have
complied very willingly and I believe it was a good success. I wanted to thank you for listening
to me today. I would also like thank the people from the City of Miami, the City of Miami Fire
Department played a major role because that was one of the safety issues. And the Marine
Police played a significant role in assisting us in our combined patrols and things like that. Mr.
Art Serig (phonetic) has been an active member on the team and has done a great done. And I
guess my final request would he just one item that maybe you could help us out with. We have a
lot of reports of different things going on the river but there is no requirement to have a street
address on the river side. And if an ordinance or some sort of...
Commissioner Plummer: A what? I am sorry, request for?
Captain Miller: When you're patrolling the river on a boat...
Commissioner Plummer: Yeah.
Captain Miller: ... you do not have what the street address is.
Commissioner Plummer: Oh, OK, all right.
Captain Miller: And if it's at all possible, I know many other marine communities and river
areas require the street address to be posted on the waterfront side for enforcement activities, for
general safety, you know you... people can report things, they can report it by the street address.
Commissioner Plummer: That would be Dade County.
Captain Miller: So, if at all possible...
Mayor Carollo: Sure.
23 January 23, 1997
Captain Miller: ... I'd request that maybe looked into at a future meeting and hopefully we can
get that.
Mayor Carollo: Mr. City Attorney, can you make note of that and bring it back to us, the next
meeting please?
Commissioner Plummer: Metro Traffic and Transportation.
Vice Mayor Regalado: Captain, one question. It's... This Commission has been concerned
about stolen articles that are taken in boats out of the Miami River, is it anything other than what
you're doing, that we can do to have a more aggressive campaign against the situation? Because
even right here we have colleagues from the press that have done special reports on how stolen
articles are taken in boats out of the Miami River and we get a lot of... even complaints and
advice from neighbors that's seen, that people just go there and sell four, five ten bucks a bicycle
and then this goes on a ship and goes out the river. You're aware of that of course?
Captain Miller: Of course. I think one of the things that I was mentioning earlier. A lot of the
vessels were allowed to come... were coming in and tying up at various different places.
Through the Quality Action Team we've defined what facilities and along with the code
enforcement groups what facilities can actually be waterfront facilities and have these vessels tie
up there. I think a lot of times if... when they tie up to a facility, I regulate the facility owner,
they have to have certain amount of security around that facility. They have to do certain things
under code enforcement and under the Fire Department and they are a responsible party, they
need to be a responsible party. And if illegal activities and illegal merchandise or stolen
merchandise is going over that facility, you definitely have a much better hammer to control it or
stop it. And I think pushing the waterfront facilities to be in compliance with our rules and
having responsible people operating these facilities which we're slowly getting to, will go a long
way in ensuring the fact that these vessels will not be carrying stolen goods. One other issue that
I need to address that I neglected to is more of a coast guard issue but it will focus on some of
the issues that you're bringing up here, is what we call "Operation Safety Net." We're charged
with doing poor state control boarding of vessels that come into U.S. (United States) ports. The
Miami River has a unique industry in that they have very shallow, they have small vessels that
come in here that serve the Caribbean and South American ports. They are one of the few areas
in America that is close enough geographically to provide a lot of their services and goods to the
Caribbean nations. Our "Operation Safety Net" has been phased in over a three year period to
eliminate substandard vessels. Many of the vessels that you see or had seen on the river were
less than quality vessels, they were below standards, did not meet international standards
because of their small size. We're currently working to enforce some international standards
from a Caribbean memorandum of understanding that requires certain safety criteria, haul
structure on these vessels that they are required to meet. So the standard of the vessel will be
raised which again makes a more responsible owner/operator and if they are engaged in illegal
trade, their loss of that vessel becomes more important. Whereas if you lose one of the smaller
vessels, it's only worth five or six thousand dollars ($5,000-$6,000), you know the risk reward
goes out the window. So, with our increase in elevating the facilities and the quality of the
vessels you're going to improve the quality of the owners. And I think that will go a long way in
reducing...
Commissioner Plummer: I have a question, if I may? You speak about unnecessary bridge
openings. I have brought to this Commission table on many occasions that other communities,
Ft. Lauderdale for example, have a method in which they only allow a bridge opening -- I don't
know, every 30 minutes or every 60 minutes -- I don't remember, but they have a limit. The
bridges in this City are the lifeline to downtown. And when I see somebody going down the
river with an antenna that could be lowered and two people in a boat are inconveniencing three
24 January 23, 1997
t
and 400 people who cannot get to work on time, plus the fact there are many occasions in which
the bridge goes down and two minutes later the bridge goes hack up again. Now, I know we
don't control that. I don't know if you do. But, I think that I would like to hear hack from you
that if in fact this is being done in many other communities, how it is being done, who enforces
it, and how in this City we can come about saying that our bridges will be like others, it will only
be open once every 30 minutes or whatever it is and more so for the convenience of the people
of this community who depend upon those bridges to get to work and away from work in
opening up our downtown. So if you can respond back to that I'd appreciate it.
Captain Miller: I'd be please to. Yes, you're absolutely correct, many communities do have
scheduled bridge openings. That's normally done where most of the vehicles are recreational
type vessels. In a marine traffic area or a commercial vessel area, that's infrequently done.
Although, as you are aware, the Miami River is... they do have bridge closures during rush hours
and during special times in the City when there are special events going on. I don't control that
but the Coast Guard does, it's called our Bridge Branch and I would he pleased to bring that
effort to them about controlling that because I also see the same thing when I make my patrols in
the river where bridges are going up and down for what I would consider something people
should put their antennas down. But I think there has been a hesitancy to do something like that
because if you do that you're going to... certain vessels on the river have to move with the right
tides and if you close that off to these commercial vessels it's going to vary...
Commissioner Plummer: Captain, high tide comes every 12 hours. They can move through the
middle of the night and not inconvenience people, and that's the way that I look at it.
Captain Miller: Right, and many of them do. Most of them do.
= Commissioner Plummer: And a lot of them... when we speak about the stolen merchandise, I
want to tell you there's millions of dollars that are going out of that Miami River, out of there
just continuously. And I can tell you that I have been told by a very reliable source, what they're
doing, the real, good, stolen merchandise goes to the Miami River about one hour or two hours
prior to that boat leaving, which is usually a lot, in the middle of the night. But my neighbor's
property that was ripped off some months ago, was in two hours, was on a boat, hadn't left and
he got his property back, but it was on a boat to go to Haiti. So all I'm saying is that there's just
unbelievable amount that is going out. We see people down there that are ripping buildings
apart to sell construction materials to these people. And where all those bikes are going is
amazing to me.
Vice Mayor Regalado: It's been...
Commissioner Plummer: There is not a boat that leaves there that doesn't have four or five
hundred... If all of the boats, if all of the bicycles that I see are going to Haiti that means that
every Haitian must have at least a dozen bicycles or more.
Vice Mayor Regalado: Well, that's been documented before. I think that Michael Putney
several, one or two years ago, did about a three part or four part story on the stolen bicycles and
the stolen goods and when Michael filmed, I mean, you know, nobody can deny that this has
been done and that the Miami River is being used as a carrier...
Commissioner Plummer: Tomas, I told you about man in the Roads who saw his bicycle being
stolen, followed the guy to the River, they put it on a boat. He called the Miami Police and were
told by Miami Police that they could not enter that boat because it comes under a different
scenario or maritime or whatever that was. And you know, this is happening day in and day out.
I did see, in the last month, I did see a van of Customs agents on one occasion there. Now,
whether or not they were... for what reason, I don't know. But something has got to be done.
25 January 23, 1997
1�
Captain Miller: One of the other things we are doing is when vessels are leaving, if they are
overloaded we are turning them around. And our inspectors are not... they don't know every
bike is stolen, there is a problem with the serial numbers and having some tracking system for
small bikes, and I think that's why they are very pilferable. However, for a lot of the vehicles
which you see on some of these vessels, my inspectors will occasionally if they have doubts as to
whether that vehicle is properly manifested, we've called the local police and they've come
down and run it through their system and we've stopped several that way.
Commissioner Plummer: Captain, have you ever talked about to the Police Department about
the Port of Miami?
Captain Miller: Yes, I have.
Commissioner Plummer: And you know, the State of Florida did a good job and supposedly ran
out of money and could no longer do it. But I am told that if a police unit is sitting at Bayside
with a lojack as some of those vessels go by it sings the National Anthem to them. You know,
it's incredible. And to my knowledge when the State of Florida, lack of money had to move out
of documenting those cars and those Blazers and those Harley Davidsons that it just is running
rampant. And I don't know who is checking it.
Captain Miller: Well, I can tell you for a fact and based on some of our interaction with this
Quality Action Team, we've made our... everybody has made their various contacts and on
several of these vessels that the lojack alarms go off, and they're pin pointed not on a highway
but out in the harbor somewhere, we are contacted and turn the vessel around and send it back.
So we have stopped a very small amount but those are the type of programs that the longer I
think that we work together on these issues the better off we'll be.
Vice Mayor Regalado: Thank you, sir. Thank you.
Commissioner Plummer: The sooner the better.
Vice Mayor Regalado: I'm sorry.
Commissioner Gort: I have one question, it is my understanding that there's some legislator who
is trying to pass the... sort of a River Authority. How do you feel about that? Because as you
can see here, you've got all kinds of different authorities and responsibilities with jurisdiction.
You've got federal, state, county and City. How do you feel about that?
Captain Miller: Well, I've been in the Coast Guard 22 years and I've been to numerous different
ports all around the United States and Port Authorities traditionally own the property that they
regulate, and either lease it out or work it for a fee. The Miami River is like the Mississippi
River, that's private property all along there and it would be a fairly difficult scenario to try to
regulate every piece of private property up there through a Port Authority. If they own river...
waterfront property up there and ran it like a port like the Port of Miami, Dodge Island, that's an
effective tool. One other thing that is coming across in... not just in Miami but in the total
maritime industry, is that many of the Port Authorities are now disappearing and the ports are
becoming privatized. So, maybe the Miami River is ahead of its time, I don't know.
Commissioner Gort: Thank you.
Mayor Carollo: Well, Captain, we appreciate very much you coming here today and giving us a
first hand report. And I'd like to compliment you for the work you've been doing in the Miami
River and particularly with the report that you included here, this Miami River Quality Action
26 January 23, 1997
t
E
r
+e�
Team Annual Report. It's very finely done. Lastly, I'd just like to ask you if there is anything;
that we can do in the City of Miami so that we can cooperate with the Coast Guard better in
patrolling the Miami River?
Captain Miller: Just encourage your Fire Department and Marine Police to continue working
with us because they've been great, they've been a big asset. And when you get all the entities
together, enforcement entities or regulatory entities the synergy is unbelievable and it takes care
of business efficiently and I would appreciate that. My... I guess my other... just to repeat my
other request would be sonic sort of labeling of street addresses on the riverside. That's good for
safety because if you have a problem and a towboat operator is out there, when lie calls in to
Police or the Coast Guard he says "yeah, I'm north of 2nd Avenue bridge" but you don't have a
really good location to... it's nothing clean. If there was street addresses on the river side you
could just say "I'm at 525 Northwest River Drive" and people can go right... respond real quickly
to it.
Mayor Carollo: We'll get that done for you. Than you.
Captain Miller: Thank you very much, sir, I appreciate the time.
Mayor Carollo: Surely. Have a good day.
----------------------------------------------------------------------------------------------------------------
12. APPOINT OFELIA TABARES AS ALTERNATE TO PLANNING ADVISORY
BOARD.
- ------------------- ----------------------------------------- ----------------------------------•-------------------
Mayor Carollo: OK, we're back in item nine. Boards and Committees.
Commissioner Hernandez: I'm deferring mine. Deferring my appointment on number nine. I'd
like to make an appointment when we get ten.
Mayor Carollo:• OK, is there anyone who would like to make any appointments on nine right
now?
Commissioner Plummer: I don't have any.
Vice Mayor Regalado: Yeah. I can do that.
Mayor Carollo: OK.
Vice Mayor Regalado: One is Ofelia Tabares. The other one is Osvaldo Moran, although I
don't... He used to be your...
Commissioner Plummer: Who?
Vice Mayor Regalado: Osvaldo Moran.
Mayor Carollo: Yeah, that's for the Planning Board. OK, if...
Commissioner Plummer: Move the names submitted be approved.
Mayor Carollo: If, I believe he prefered to be more on the Zoning Board, Commissioner.
27 January 23, 1997
Vice Mayor Regalado: OK.
Mayor Carollo: So if... I'll be happy to name him to the Zoning Board. If you might want to
hold back on that.
Commissioner Plummer: All right, so the seccnd one doesn't go.
Mayor Carollo: Right.
Vice Mayor Regalado: OK, Ofelia Tabares.
Commissioner Plummer: Move the names nominated be approved.
Commissioner Hernandez: Second.
Mayor Carollo: There's a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-51
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE PLANNING
ADVISORY 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 , the resolution was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
28 January 23, 1997
ti,
--------•---------------------------------------------------------------- -------------------------------
13. (A) MAYOR CAROLLO INSTRUCTS CITY CLERK TO READVERTISE
FOR NOMINEES FOR PLANNING ADVISORY AND ZONING
BOARDS. [AG10, 97-53] APPOINT CHRISTINA CUERVO TO
ZONING BOARD. [AG10, 97-54] APPOINT TUCKER GIBBS /
CHRISTINA CUERVO/OSVALDO MORAN TO ZONING BOARD.
(B) [N/A] COMMISSIONER PLUMMER DIRECTS CITY CLERK TO
RESEARCH COST SAVING MEASURES REGARDING PRINTED
MEDIA ADVERTISING.-- PREPARE REPORT OF FINDINGS.
Commissioner Plummer: Item 10, I will deter my appointment.
Mayor Carollo: OK, before we go to item ten, it I could ask the City Clerk to open up the period
for handing out applications again on both item nine and item ten.
Mr. Walter J. Foeman (City Clerk): Sure, Mr. Mayor. I need a directive from the Commission if
you want me to readvertise that.
Commissioner Plummer: So moved.
Mayor Carollo: There's a motion.
Y
Commissioner Hernandez. Second.
Mayor Carollo: There's a motion and there's a second. All those in favor signify by saying
"aye It
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-52
A MOTION AUTHORIZING AND DIRECTING THE CITY CLERK TO
READVERTISE FOR PROSPECTIVE NOMINEES TO THE PLANNING
ADVISORY AND ZONING BOARDS.
29 January 23, 1997
t
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: OK, we're back in item ten.
Commissioner Hernandez: Mr. Mayor, I'd like to make my last appointment on item ten.
Christina Cuervo Nigoya, the Zoning Board.
Commissioner Plummer: Move the name nominated be approved.
Mr. Manuel Gonzalez-Goenaga: I want to he on the record that I strongly oppose her and I have
my sound reasons for it. If I might be allowed to explain it?
Commissioner Plummer: We did. I...
- Mayor Carollo: Excuse me, Manny on these item, with all due respect...
Commissioner Plummer: I hear you.
Mayor Carollo: ... this is all up to each individual Commissioner...
Mr. Gonzalez-Goenaga: Oh, I am sorry.
Mayor Carollo: ... to name who they want. It has always been the policy of the rest of the
Commission to respect that nomination and it has never been open to the public for discussion.
Mr. Gonzalez-Goenaga: Well, I sincerely hope that she makes full disclosure. Conflict of
interest.
Mayor Carollo: Thank you.
Mr. Foeman: I need a seconder.
Vice Mayor Regalado: I have one appointment here.
Mayor Carollo: OK, there's a motion on Commissioner Hernandez appointment, there's a
second by Plummer on that. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
30 January 23, 1997
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 96 53
A MOTION APPOINTING CHRISTINA CUERVO AS A MEMBER OF THE
J ZONING BOARD.
Note for the Record: Ms. Cuervo was nominated by Commissioner Hernandez.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None..
ABSENT: None.
Commissioner Plummer: Mr. Clerk, when you said to readvertise, that was for nine and ten,
correct?
Mr. Foeman: For nine and ten.
1 z,Mayor Carollo: Nine and ten.
Commissioner Plummer: Yes, OK. I just want to make sure.
Vice Mayor Regalado: I...
Commissioner Plummer: And as I indicated previously, my appointment to the Zoning Board,
I'll hold and defer.
Mayor Carollo: All right...
Vice Mayor Regalado: For item ten, I have an appointment.
Mayor Carollo: Go ahead, Commissioner.
Vice Mayor Regalado: Osvaldo Moran.
Mayor Carollo: OK, I have Tucker Gibbs to appoint.
z
Mr. Foeman: For the record, Mr. Mayor I believe he's coming in this morning to submit his �
application.
i
Mayor Carollo: OK. I believe he... E
Mr. Foeman: I've been told he submitted it.
i
Mayor Carollo: All right.
i
31 January 23, 1997
d 4S
s. x.
Commissioner Gort: Was there a deadline?
Mr. Foeman: There was a deadline, January 2nd. But as we've done in the past, we've accepted
late filings so we can... Commission can...
Commissioner Gort: Do you know if all these board members have been notified they have to
be reappointed? My understanding...
Mr. Foeman: Well, I believe it's the Commission's prerogative. We advertise in the newspaper,
general circulation announcing the categories that are open.
Mayor Carollo: Excuse me, for a minute. Mr. Clerk, if you can extend the deadline then there's
really no need to readvertise...
Mr. Foeman: OK.
Mayor Carollo: ... and we can save a few dollars that way.
Mr. Foeman: Sure.
Mayor Carollo: So if you just extend the deadline for another couple of weeks, I think that will
be the most prudent way of going about it.
Mr. Foeman: OK, if we've already received this application, we've done in the past, we've
brought those applications, a cover memo to the Commission asking if they would accept this as
an untimely filing and you've voted on it in the past.
Mayor Carollo: OK, Commissioners so that we can save a minor expense in advertising would
you all rather go that route or?
Commissioner Plummer: Fine.
Commissioner Gort: Sure.
Commissioner Hernandez: Uh-huh.
Mayor Carollo: So if we could then just rescind the previous request to you.
Mr. Foeman: Well Mr. Mayor, as it relates to Vice Mayor Gort, at the time he has a vacancy, we
need to advertise that one because when we did the advertisement and the letter that we received
from the administration we didn't have his name as one of the vacant categories. The ad came
out December 18th, his expiration was on the 31st, so we still need to advertise for Vice Mayor,
I mean Commissioner Gort.
Mayor Carollo: All right, well if it's not going to take anymore additional dollars to advertise
the rest of them, do it. If it is, then we'll do it the way that I suggest.
Mr. Foeman: His situation is the exception. I mean, the others were included in the ad that we
originally...
Mayor Carollo: All right, thank you.
Mr. Foeman: ... notice that we sent out.
32 January 23, 1997
t_:
y
Commissioner Plummer: Mr. Clerk.
Mr. Foeman: Yes.
Commissioner Plummer: You know, Manny stood up here a few minutes ago, Mariano. Is it
necessary for us to place the ads as big and as bold and display. I mean, we're spending what,
one million dollars ($1,000,000) a year in advertising? I think it's easily a million dollars
($1,000,000) a year. There's got to be some way... I know that other cities couldn't afford it.
And we can't afford it. And I think we need to look at that Mr. Manager, very seriously, as to
the verbiage we're using why we can't do it and classify it. Regular classified ads rather than
display ads. I think we maybe even... if it needs a change in the legislation because very few
cities have a Channel 9 as we do to advertise and give to the public. But a million dollars a year.
I see some of these ads in the paper, like the Zoning ads. A full page. And that's what? A full
page in the Miami Herald is how much? About...
Commissioner Gort: Five thousand dollars.
Commissioner Plummer: How much?
Vice Mayor Regalado: Seven thousand. Seven, eight thousand.
Commissioner Gort: Five, seven thousand.
Mr. Foeman: It's pretty substantial.
Commissioner Plummer: It's all of that.
Mr. Foeman: I remember the full page election �ad we did, it ran us about nine -thousand on the
special elections.
Commissioner Plummer: But it would seem like to me that we could find a better way and a
cheaper way of doing it. Because I think there's a lot of fluff in those ads. A lot of fluff.
Mayor Carollo: Can you get back to Commissioner Plummer...
Commissioner Plummer: Get back to all of us.
Mr. Foeman: Sure.
Mayor Carollo: ... with an answer?
Mr. Foeman: I'll get with the administration on that issue.
Mayor Carollo: And...
Mr. Foeman: And the Law Department.
Mayor Carollo: And include the exact amount that is actually being spent now.
Mr. Foeman: Sure.
Mayor Carollo: Thank you.
Commissioner Plummer: Well, what I am saying is, number one, do we have to do? What we
have to do by state law? And second of all, where can be cut down?
33 January 23, 1997
ul
W
Ms. Teresita Fernandez (Asst. Executive Secretary/Hearing Boards): Mr. Mayor, members of
the Commission. I have been working very closely with Mr. Joe Maxwell and we have been
trying to save on the advertising for Planning and Zoning items. We have saved this year about
thirty thousand. Anyway, this is paid by the applicants. These ads are paid by the applicants and
we're trying to improve our advertisements to reduce it even further.
Mayor Carollo: But not all of them.
Ms. Fernandez: That's to answer your question.
a
Mayor Carollo: But the ones that are paid by the applicant are the ones that you deal with but we
have many others that are not, they paid by the City.
Ms. Fernandez: I know. No, I was just answering that. And on the question that Mr. Gort had
regarding if we had notified the members of the board of their expiration and of their vacancies,
yes we have.
Commissioner Gort: Well my understanding and correct me if I am wrong, an ordinance that we
passed requires that each member has got to renew their membership each year. Am I correct?
Ms. Fernandez: Except for you and Mr. Plummer. The members, the Commissioners that are
here, I mean... Mavbe, Mr. Maxwell will be able to explain that ordinance.
Commissioner Plummer: No ma'am. No ma'am.
Commissioner Gort: No, no.
Commissioner Plummer: That's not what this City Commission passed as I recall. Everyone is
on a one year term.
Commissioner Gort: Right.
Commissioner Plummer: One year term.
Ms. Fernandez: Exactly. That's right, that's right. That's correct.
i
Commissioner Gort: In other words, every December all the board members have to reapply.
i
Ms. Fernandez: No.
Commissioner Plummer: No.
Ms. Fernandez: Not necessarily.
Commissioner Plummer: What I understood was October 1st.
Commissioner Gort: Well, October 1st.
Ms. Fernandez: No, the board members that were appointed by Mr. Gort and Mr. Plummer...
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yeah, if the term expires Commissioner Gort, they
would be required to reapply.
34 January 23, 1997
Ms. Fernandez: Exactly.
Mr. Jones: OK, so they would have to reapply.
Commissioner Gort: OK, but let me ask you a question then. My understanding is we passed an
ordinance where we requested that every board member, every...
Mr. Jones: Serve one...
Commissioner Gort: ... board member in Miami...
Mr. Jones: Serve one year.
Commissioner Plummer: One year.
Commissioner Gort: ... serve one year?
Mr. Jones: Fight.
Commissioner Plummer: That's it.
Mr. Jones: So at the end of that term, they'd have to reapply...
Commissioner Gort: In other words at the end of a one year term they'd have to reapply. What
she's saying is, that if they're reappointed to '97 or '98, they don't have to reapply until that
time.
Mr. Jones: No. Well, you changed all those appointments.
Commissioner Gort: That's what I'm trying to tell her.
Mr. Jones: Yeah.
Ms. Fernandez: OK, those members that were appointed by both of you, I consulted this with
the Law Department and they were grandfathering those members that were appointed for three
years, they were grand fa theri ng.
Mr. Jones: No, they were... No, no. no.
Commissioner Gort: That's not my understanding.
Ms. Fernandez: Yes, we'll clarify that further.
Mr. Jones: No, my understanding is, the ordinance you wanted, irrespective of whether they
were three year terms or whatever, you wanted them all in the one... at the end of year, to serve a
one year term.
Commissioner Gort: That was my understanding also.
Commissioner Plummer: That was it.
r
Mr. Jones: And that's what the ordinance provides for.
r
Mr. Foeman: The only exception to that is the Health Facilities Board where you have state law z
that's in conflict with local ordinance.
35 January 23, 1997
Mayor Carollo: OK, we have a motion by Commissioner Hernandez, a second by Commissioner
Regalado. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-54
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE ZONING
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 Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
14. PERSONAL APPEARANCE: JIM JORDAN, COMMODORE, MIAMI YACHT
CLUB -- APPROVE AGREEMENT WITH NATIONAL MARINE
MANUFACTURERS ASSOC (NMMA) -- FOR INTERNATIONAL
SAILBOAT SHOW.
Mayor Carollo: OK, let's go to item 11, now. Mr. Jim Jordan.
MR. Edward Marquez (City Manager): Well Mr. Mayor, I can summarize real fast on this item.
At the last meeting, you've asked us to go back and negotiate with the Miami Yacht Club, the
disposition of the revenues that are generated from the event. The Miami Yacht Club loses
about 12.5 thousand, twelve and a half thousand dollars ($12,500) each time we have the
national... Everytime that we have this event at their facilities. They yearn about thirty-five
thousand in the process. And the last time we asked for all of the cash to come to the City but
what we've reached agreement with, is that we would split the revenues in half, seventeen
thousand for them, seventeen thousand for us.
Commissioner Plummer: Move approval.
Mr. Marquez: They would cover their expenses and still have five thousand dollars ($5,000) left
over for Capital Improvements at the facility which indirectly benefits us.
36 January 23, 1997
Commissioner Plummer: Move it.
Unidentified Speaker: Yeah, that's...
Mayor Carollo: Go ahead.
Unidentified Speaker: ... basically what we worked out Mayor and Commissioners.
Mayor Carollo: All right, there's a motion by Commissioner Plummer, second by
Commissioner Gort. All in favor signify by saying "aye."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-55
A RESOLUTION AUTHORIZING THE MIAMI YACHT CLUB TO ENTER INTO AN
AGREEMENT WITH NATIONAL MARINE MANUFACTURER'S ASSOCIATION
(NMMA) FOR USE BY NMMA OF CITY -OWNED PROPERTY LOCATED AT 1001
MACARTHUR CAUSEWAY ON WATSON ISLAND, PRESENTLY USED AND
OCCUPIED BY THE MIAMI YACHT CLUB UNDER A MONTH -TO -MONTH
TENANCY, FOR THE STAFFING OF THE MIAMI INTERNATIONAL SAILBOAT
SHOW SCHEDULED FOR FEBRUARY 13-19, 1997, CONDITIONED UPON: (1)
THE MIAMI YACHT CLUB AND NMMA PROVIDING INSURANCE IN THE
AMOUNTS AND TYPE REQUIRED BY THE CITY, AND (2) NMMA PAYING
DIRECTLY TO THE CITY FIFTY PERCENT (50%) OF THE MONIES TO BE PAID
BY NMMA FOR THE USE OF THIS PROPERTY.
(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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
37 January 23, 1997
---------------- -----------------------------------------------------------------------------------------------
15. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DENNIS I.
CARTER & ASSOCS -- FOR CONSULTING SERVICES -- ALLOCATE
FUNDS ($30,000. FROM SPECIAL PROGRAMS & ACCOUNTS, ACCT
921002)
----------------------------------------------------------------------------------------------------------------
f Mr. Edward Marquez: Mr. Mayor, I have got...
Mayor Carollo: OK, Mr. Manager. Surely. You had some items you wanted to bring up?
Mr. Marquez: Yes, I have three pocket items here. One, the first one is a proposed resolution
requesting that the City Commission adopt the resolution authorizing the City Manager to
execute the professional services agreement with Dennis Carter and Associates.
Commissioner Plummer: Move it.
Mr. Marquez: For consulting services.
Mayor Carollo: There's a motion, second by Commissioner Gort.
Commissioner Gort: Second it, and discussion. This is in lieu of hiring someone, this individual
will he able to come in and help...
Commissioner Plummer: - Plus the fact that you're getting a damn fine individual.
Commissioner Gort: Super. I agree.
Mr. Marquez: It's a temporary hiring and eventually I will need someone in advertisment.
Mr. Walter J. Foeman (City Clerk): Roll call.
j The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-56
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
DENNIS I. CARTER AND ASSOCIATES, INC., TO PROVIDE CONSULTING
SERVICES TO THE CITY OF MIAMI UNDER THE TERMS AND CONDITIONS
SET FORTH IN SAID AGREEMENT; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $30,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, ACCOUNT NO. 921002.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
38 January 23, 1997
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
16. AUTHORIZE CITY MANAGER TO CONTRACT WITH UNITED STATES
HOUSING & URBAN DEVELOPMENT (HUD) -- FOR SECTION 108 LOAN
GUARANTEE AWARD -- FOR $5 MILLION REGARDING S.W. 8 STREET
SHOPPING PLAZA CENTER.
Mr. Edward Marquez (City Manager): The second item we have is, we're requesting City
Commission to approve... to authorize the City Manager to enter into an agreement with the U.S.
Department of HUD (Housing and Urban Development), accepting an award of a Section 108
Loan Guarantee in the amount of five million dollars ($5,000,000) for the Southwest 8th Street
Shopping Center Plaza. This item, the original amount that was contemplated by the City
Commission and the developer was five point six million ($5,600,000). It's a lower amount for
a shorter period of time. We will be getting a first lien on the property and the revenues from the
property. We believe it's a fairly secured loan and this is something that will go... help us
develop the Southwest 8th Street area.
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
Mayor Carollo: All in favor, signify by saying "aye.”
Commissioner Plummer: Mr. Mayor, let me tell you, if you all haven't been down in that area
recently, there is a lot of good, good activities that is taking place. The Publix has gone down
there, they've got a Walgreens going in there. This particular project is under construction at the
present time. Burger King is going in with a thing down there, a shopping center. I tell you, I
see some very, very good activity that is going on in that area. And I am pleased to see that it's
encouraging for the City.
Commissioner Gort: I'd like to also state that a lot of things that are happening in that area are
thanks to the effort of the City, I mean the help of the City.
Mr. Marquez: Right. Exactly, with the other advisory authorities.
Commissioner Plummer: Put it on the tax rolls.
39 January 23, 1997
01
W
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-57
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ("HUD"), ACCEPTING THE AWARD OF A SECl"ION 108 LOAN
GUARANTEE IN THE AMENDED AMOUNT OF $5 MILLION TO ASSIST WITH
THE DEVELOPMENT OF THE S.W. 8TH STREET SHOPPING CENTER PLAZA,
LOCATED IN THE EAST LITTLE HAVANA TARGET AREA.; FURTHER
AUTHORIZING, THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH S.W. 8TH STREET
VENTURE, L.P., FOR DEVELOPMENT OF THE PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
--------------- ------------------------------------------------------------------------------------------------
17. (A) RATIFY/ APPROVE / CONFIRM MANAGER'S EMERGENCY
FINDINGS -- WAIVE COMPETITIVE SEALED BIDS -- AWARD
CONTRACT TO ROMAC INTERNATIONAL -- FOR TEMPORARY
FINANCIAL STAFFING SERVICES FOR COMMUNITY
DEVELOPMENT/NET AND FINANCE DEPARTMENTS --
ALLOCATE GRANT FUNDS ($200,000, ACCOUNT CODE 452263-
799626).
(B) COMMENTS BY COMMISSIONER PLUMMER THAT ALL ITEMS
DEALING WITH SOUTH FLORIDA EMPLOYMENT & TRAINING
CONSORTIUM BE FORWARDED FIRST TO COMMISSIONERS
PLUMMER & HERNANDEZ AS COMMISSION
REPRESENTATIVES TO SAID CONSORTIUM.
Mr. Edward Marquez (City Manager): The last item I have Mr. Mayor, is an emergency
resolution awarding Temporary Financial Staffing Services in order to hire temporary
accounting for the Community Development and NET (Neighborhood Enhancement Teams)
programs. What the situation is, we're tremendously behind in our reimbursement packages and
in all the paperwork that's necessary to secure the federal funding involved. This award is for
40 January 23, 1997
two hundred thousand with Romac International. It was a competitive bid process. An
expedited competitive process which I can have staff explain.
Commissioner Plummer: Move it.
Mr. Marquez: It's federally funded.
Mayor Carollo: Motion. Second.
Commissioner Gort: Second for discussion purpose.
Mayor Carollo: Discussion.
Commissioner Gort: This money will be reimbursed to the CDBGs (Community Development
Block Grants)?
Mr. Elbert Waters (Director, NET/Communityn Development): No sir, this money is with...
Commissioner Gort: It's out of the...
Commissioner Plummer: No, no, no.
Mr. Waters: It's out of our professional services.
Commissioner Gort: ... administration fund. OK.
Commissioner Plummer: I notice --that it's SFETC (South Florida Training and Employment
Consortium) and with myself and Humberto sitting on those, Bert in the future, I think all should
be sent to us and let us know in advance what's going on.
Mr. Waters: Yes, sir.
Commissioner Plummer: So that we can be prepared to address the issue as the City's
representative to the respective boards.
Mr. Waters: Yes, sir. We will do so.
Mr. Marquez: Commissioner Plummer, just to give my two cents, I wholeheartedly agree that
there is going to be a lot of activity in that area and you're going to have 101 percent of staff's
support to advance the City's causes.
Commissioner Plummer: And the young lady sitting there, I want to tell you if every City
employee had the spirit that she has of wanting to do for the City, we'd be great. She has called
me any number of times, offering all assistance that we need to do the research and her
concluding statement always "I'm there when you need me." And I tell you, that kind of attitude
is very, very good.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
41 January 23, 1997
M
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-58
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
ACCEPTING THE BID OF ROMAC, INTERNATIONAL FOR THE FURNISHING
OF TEMPORARY FINANCIAL STAFFING SERVICES FOR THE DEPARTMENT
OF COMMUNITY DEVELOPMENT AND FINANCE; ALLOCATING GRANT
FUNDS THEREFOR, IN THE AMOUNT OF $200,000, AS HERIN SPECIFIED;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROMAC,
INTERNATIONAL FOR THIS PURPOSE.
(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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
-Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
18. APPROVE CODESIGNATION OF N.E. 21 STREET BETWEEN N.E. 2 AVE.
AND BISCAYNE BLVD AS DON FACUNDO BACARDI WAY.
Commissioner Hernandez: I've got a pocket item.
Commissioner Plummer: Mr. Mayor, are we going to break now or are we going to take up
some other items?
Commissioner Hernandez: I have one pocket item.
Mayor Carollo: Go ahead.
Commissioner Hernandez: Codesignation of two blocks in the Northeast section in the City of
Miami. I guess it's cosponsored by the Manager's office also. It's basically to codesignate
Bayshore Drive and Northeast Avenue 2nd Avenue to Don Facundo Bacardi Masso Way. In
honor of the firm Bacardi Martini, Inc. This was...
Commissioner Plummer: You say, you make a motion to the memorial committee and I second
it.
42 January 23, 1997
.09
Commissioner Gort: It's got to go through a process.
Mayor Carollo: Uh-huh.
Commissioner Plummer: It has to go through a process.
Mayor Carollo: It has to go through a process.
Commissioner Hernandez: OK. For the record it has been approved by the Codesignation
Committee and the Edgewater Economic Development Corporation.
Commissioner Plummer: Oh, it's already gone through?
Commissioner Gort: It's already gone through then.
Commissioner Hernandez: It's gone through.
Mayor Carollo: It has already gone through the process.
Commissioner Plummer: Oh, and how long a stretch is it?
Commissioner Hernandez: It's two blocks.
Commissioner Plummer: Well, OK, that's... I'll go along with it, but that double what we
agreed to, we agreed to one block. But, fine. That's the one up there on Bayshore or Biscayne
Boulevard?
Commissioner Hernandez: It's on Northeast 21st Street, right where the building is at.
Commissioner Plummer: Yeah, where the Bacardi building is.
Commissioner Hernandez: Right, right.
Commissioner Plummer: I thought I heard you say Basyhore, OK.
Commissioner Hernandez: Well, it's Bayshore Drive to Northeast 2nd Avenue, is what they're
calling it here.
Mayor Carollo: OK, you have a motion, you have a second. All in favor, signify by saying
"aye."
The Commission (Collectively): Aye.
43
January 23, 1997
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-59
A RESOLUTION CODESIGNATING NORTHEAST 21ST STREET FROM
NORTHEAST 2ND AVENUE TO BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS
"DON F. BACARDI MASSO WAY"; FURTHER DIRECTING THE CITY MANAGER
TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSIT A COPY OF
THIS RESOLUTION TO THE OFFICES DESIGNATED HEREIN.
(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 Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
'ABSENT: None.
----------------------------------- --------------------------------------- --------------------------------------
19. DISCUSS TRASH PICK UP BACKLOG / PENALTIES FOR ILLEGAL
DUMPING -- SCHEDULE FOR NEXT COMMISSION MEETING
DISCUSSION ON LEVEL OF SOLID WASTE SERVICES.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, if we can before we break? Mr. Marquez....
Commissioner Gort: I've got a couple of things...
Commissioner Plummer: ... my office and I'm sure the rest of the offices around here have been
inundated this week about the trash. Now, you know, I think we've got to come up with some
answers and we've got to tell the people of this community the truth. We know we've had a lot
of rain. We know we had a holiday. But if what I'm hearing is, is the reason and one of the
main reasons is the hauling of this trash to South Jacksonville instead of taking it to the City
dump and saving money. Are we really saving the face of our City? Now, I understand nine
hundred thousand dollars ($900,000) savings. I'm very much aware of that, if that is in fact what
would be saved. But I think that we've got to come to some truth with the people of this
community because we were inundated this week and I'm sure your office was too, OK. And
every media took advantage of it, and rightfully so, it's bad.
Mayor Carollo: Commissioner, I was hoping that we could get into this discussion later today,
but...
44 January 23, 1997
Commissioner Plummer: Oh, I'm sorry. You want to bring it up later?
Mayor Carollo: It's not as simple as it sounds and I'm telling you, I really have had enough of
this where if the only way we're going to resolve it is by pulling the Manager away from his
everyday, 15-16 hour work with the Oversight Board and you know, Mr. Marquez has to go
himself to run that department until we get someone that can run it properly. But what we can't
have is the situation we have going on now and at the same time, a situation that we're getting
hit from both. We're getting from the management side there and we're getting hit from the
employees side. I find it shocking to hear some of the things that you have heard, that you just
described here now. But at the same time, we have scores of employees that only work five or
six hours and get paid for 10-hour days. That doesn't make sense to me and it doesn't bring the
logic that some are trying to say. If they are not working the full 10-hour days and they have
sufficient time to go to the main dump site where this City could save money.
Commissioner Plummer: Well, my concern is, I guess, the bottom line of course is that it gets
picked up. But, you know, we've got to come to some realization that management, not
management, but this Commission agreed to the contracts with the union. It was this
Commission, not management who agreed to the savings in the Merrett Stierheim's plan and
that's where it came about. Now there is no question in anyone's mind that if you drive to 20th
Street, it's going to take "X" number of minutes. But if you drive to 200 and whatever street up
there, it's going to take three and four times that amount of time.
Mayor Carollo: That's obvious, Commissioner, but it also is clear in anyone's mind that if
you're paying an employee to work ten hours a day and if an employee is working five or six
hours a day, that they have additional time where they can go and make those extra drives and
save the City of Miami money.
Commissioner Plummer: I... I.
Mayor Carollo: And that's part of the problem that I am having.
Commissioner Plummer: I don't disagree.
Mayor Carollo: I can only try to save those that want to save themselves. At the same time, it is
my understanding that there has been some changes in routes where more work has been put in
some additional routes, and that has had somewhat of an effect. But the bottom line is, the mind
set has to be changed if employees are getting paid for 10-hour days, they have to put the ten
hours. And that's one of the things that we need to discuss. We have a provision in the contract
with the Solid Waste Department that if it comes to a situation like we have now, we can
implement that they have to work ten hours a day, not go home when you think you're finished,
like it has been happening.
Commissioner Plummer: Well just for your information, because you weren't here or I really
don't think any of the... Willie was. When we talked about going privatization before and we
had an offer from a private company, the one thing that we did with the union who were very,
very much upset, needless to say, was that if you can do it for what is the offer of the private
sector, we'll let you do it. But I was most insistent at that time that an opener would be, that if
the level of service dropped. Now, there is no question, I don't think even in the union's mind
that the level of service has dropped. You can put the blame by wherever you want, on
whosoever's back. But the bottom line is, the public who we serve are not being served well.
And whether it is that we need to reopen the contract if that's, legally can he done, I'm not sure
how that works. I think we need to come to some realization. As I said to the union then and I'll
say to them today, that at no time could the level of service drop. And, you know, it's just.
Look, Mr. Marquez, I think we need at the next agenda, to put on the agenda a discussion in
45 January 23, 1997
rti 0
reference to this. I think we need to all understand where we're going to go, what we're going to
do and who is going to do what. Because I think that it's a matter of understanding. If we're
going to save nine hundred thousand dollars ($900,000) and not impose a garbage tee, then I
think the public are going to have to understand that it's going to take more money or less
service. Or go private, and, you know, be like the county. You know trash isn't picked up in the
County. Am I correct? You take it yourself in a station wagon to a central dump.
Mayor Carollo: Commissioner, Commissioner, I don't want anybody here or at home to get the
wrong impression.
Commissioner Plummer: No, no. I'm not saying that.
Mayor Carollo: This has gotten nothing to do with this Commission insisting that this City save
money by going to the main dumping station. This has got to do with employees and
management that are not putting their best effort. This has got to do with management and
employees that are having the same frame of mind that got us to where we are today. If we're
paying employees for 10-hour days, then they better work 10-hour days and I want to take the
opportunity to speak to the Manager at noon before we get into it a little heavier. But frankly, I
don't think that this is an item that can wait for the next meeting. If we have to call a special
meeting just to deal with this, I am willing to do that. The bottom line is, that we have to go
through the contract, we have to implement and change certain things that we are allowed to
under the contract. I don't know if we're allowed to go to a five-day work week instead of a
four, if we are, I feel that we'll get more bang for our dollar by employees working the five-day
work week and not the four -day work week. If they are going to go home after working five or
six hours in some cases, then we'll be better off if they worked five days.
Mr. Icon E- Williams' (Assistant City Manager/Solid Waste): Mr. Mayor, may I respond to the
question?
Commissioner Gort: Excuse me a minute.
Mayor Carollo: Commissioner.
Commissioner Gort: My understanding is when we first got the contract a year, two years ago,
we were taken it way out and the service maintained the same level. That was changed to my
understanding about four or five or six months ago. Taking it to U.S. 20th Street, rather than
where you take it, 200 and something.
Commissioner Plummer: Well, there's a big difference there, Willy. A big difference is, back
then you had 400 employees there and now you have 192. So, you know, when you cut dollars
and you cut people, it's going to make a difference.
Mayor Carollo: And at the same time, Commissioner, with 192 or 205, they're still being able to
go home after working five or six hours and day...
Commissioner Plummer: I'm not arguing that point.
Mayor Carollo: ... and still get paid for ten. So let's not put this on the garbage fee...
Commissioner Plummer: No, no, no.
Mayor Carollo: ... or in cutting back service. Let's put it where it's at. That if employees want
to keep working for the City, everyone is going to have to pitch in and everyone is going to have
to work a full work week.
46 January 23, 1997
Commissioner Plummer: Absolutely.
Mayor Carollo: If we're paying For a full-time job we can't have people working part-time.
Mr. Williams: Let me respond to that please because you're absolutely right in some areas with
regards to our ability to address the contract issues. And, on two fronts I'd like to address that
one and also the five-day work week. The issue of, and I'd like to just separate them For you.
With regards to garbage collection, meaning the twice per week set out of household materials.
Those employees collect that, they are able to compact that in the compactors, the rear loaders
and they end up finishing the route even though we've reduced the route from .54, now we're
down to 22, they're able to hustle and finish that a little early. We're just like you said, we're
beginning to reallocate resources from that area into the trash collection area which is what your
office and of course mines and the Manager's get complaints about. The recycling program, the
same thing. You know, we're one of the very few communities that collect our own recyclable
out of that 190 employees. The County contracts out most other major communities do. We've
also reduced those routes as of January, removed some of those employees away from recycling
so that their work will be more equalized and we can have hand crews to collect the trash. The
issue that you just mentioned, we've directed as of this week that trash collection services and
employees, we met with the union, they're in full agreement with them. I met with them. I
don't see if they're here now. Those trash collection employees have been assigned to 5-day,
eight hours per day. Since the commitment to make the 900,000 is there, I believe we can do it.
We've explained that to the Oversight Board, we've explained it to the Manager. We think we
can do that by reducing that 100,000, 1 mean, by taking that 100,000 tons through resource
recovery and realizing the $9 savings. The employees, they have been, and will be extended.
Because, you're absolutely right, there is a 10-hour day, the work has to be completed within
that 10-hour day period. We've made that change on the five-day work week. We've reduced
those areas that have been finishing early, meaning garbage and recycling. We've reassigned the
field supervision within that area. We're working it Mr. Mayor and Commission. We're making
changes, we're making changes. We think we're getting there. In addition to that, you're going
to also realize that our reports, as you see them, as part of this cost savings, that we've made a
major change in January to the amount of tonnage we're taking to Virginia Key, and that's pure
savings. I mean that's maximizing diversion. That is yard stuff that's going out there. We think
that that is also going to bring us below or within what is required from us for the Financial
Oversight Board commitment. Mr. Mayor, we're not looking at it... From this year we're going
to get the trash program collected. Corrected I'm sorry. We're going to collect the trash. We've
also noted... We've got a five year plan facing us. We've got to show that not only can we do
this now, but we can do it within the five years. If we privatize, employees are certainly aware,
as you have said here on the record, that you will give them an opportunity to compete as a last
resort, but if they cannot compete, privatization will he the direction. So, with regards to
contract, and I'll be finished. We can eliminate the incentive programs, employees know that.
These changes that I've made to date are leading toward that. I discussed it with the unions on
yesterday, in grate detail. And quite frankly, I think they're in support of it and the employees
are in support of it. We've made the change to five days in trash collection. We're going to give
that a week or two to see if we get caught up. Unfortunately, we're in a situation where the only
two holidays that those employees have off which are Christmas and King holiday have
happened in the last three weeks. No excuse. They know what they've gat to do, we've
changed the field supervision. I think we can get there, Mr. Mayor. I am not at all pleased with
the complaints. I've met with some of you individually and we've looked at some areas
together. The employees are not pleased. We're talking to the Manager and we're working on
the area of illegal dumping, the area of inspections are getting more help and support within that
area because some of those resources have been directed to the task force. But we think that
with the things that we've made that you 're going to see a difference. We certainly don't want
to have the trash collection program beating up on the very good service that we provide in so
many areas.
47 January 23, 1997
00)
Vice Mayor Regalado: Mr. Mayor.
Mr. Williams: And that's been the result of what has happened.
Mayor Carollo: Hold on, Commissioner. Ron, let me be as clear and as precise as I can. You
don't have much time. You either are going to turn it around and straighten it out. Don't worry
about the five year program because there aren't going to be that many people in that department
left for the other four years. There are good employees there., because I've seen them, they work
very hard. There are many people who are not giving everything that they can give to the City.
And if we're paying for ten hours, I don't want to hear the excuses.
Mr. Williams: They will be... Those people that are not giving the time...
Mayor Carollo: That the trash, the garbage is not being picked up because they want to go home
after five or six hours and get paid for ten.
Mr. Williams: That won't happen, Mr. Mayor.
Mayor Carollo: And that... But that is what's been happening.
Mr. Williams: It has happened in the past, I can't deny that.
Mayor Carollo: That's what happening now. And...
Mr. Williams: Well, they pretty much... We've made a real big hit at it and moving forward
x with the new supervision I've got in there, it's going to be a different story, Mr. Mayor.
Mayor Carollo: Well, I hope so. Like I said, we don't have that much time because all of us...
Mr. Williams: I agree with you.
Mayor Carollo: ... I think are speaking as one in this, Ron. That department has to have a
complete turn around, and the buck stops with you. Either you change it around or my feelings
are that the Manager needs to get someone in that department who is going to do it.
Mr. Wiliams: Well, and...
Mayor Carollo: And then we privatize it.
Mr. Williams: And certainly, I think the Manager has made that point, Mr. Mayor. But, let me
say this also, and I just want to be very clear on the record. That trash program that beats up on
all of us has a bit unfairly tainted all of the good work and good stuff that with the leadership of
this Commission that's happened in the Solid Waste Department. I mean this is a department
that as you well know going back to the years, and Mr. Mayor, you were here and the rest of the
Commission, you know, had all kinds of claims of illegalities, all kinds of union problems, was
bloated. When I went there we had 500 employees, plus the 199s so to speak, that all kinds of
story were about. We had back yard pickup.
Mayor Carollo: Ron, we all know the history. We all know the history but what...
Mr. Williams: Well, I just want to... But for those that's listening, Mr. Mayor, I just to get it on r
the record.
r
i
i
48 January 23, 1997
f
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1i
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Mayor Carollo: That's fine. But what we want to see are results now, Ron.
Mr. Williams: And, It think we're going to get there. I think we're going to get there.
Mayor Carollo: What's happened has happened. We can't change that. What we want are
results now. We want to make sure that we're going to have results in the streets. People expect
their garbage to he picked up on the day that it is supposed to he picked. They rightly expect for
their trash to be picked up on the day that it's supposed to be picked up and the same thing with
the recycling. And for the life of me, I cannot understand how in the world we could get all the
excuses that we are getting, if I'm seeing employee after employee that's going after working
five, six hours, seven hours. Some even as little as four hours or less and still get paid for ten
hours, and that's the bottom line.
Mr. Williams: Well, we've changed that, Mr. Mayor. They are not excuses. I apologize for
taking your time on those past issues but this department is a success story and I think all of you
contributed to that. We're down to a level if possible we should be at and the garbage service is
excellent, the recycling program is excellent, the trash program we're going to correct.
Mayor Carollo: Commissioner Regalado.
Vice Mayor Regalado: Yeah. I know that this is a very complex issue, that we need to talk
about recycling and changing cites and cutting corners but this Commission is the front line of
complaints and I would like to ask Mr. Williams and the Manager, if maybe by this afternoon
you can give us a commitment as to when, is it tomorrow, Saturday, or Sunday, or Monday or
Tuesday we are going to be in the schedule? When are we going to eliminate the backlog that
we have in the trash pickups, and there is one because there are areas with three weeks of delay,
one week, even ten days. And also, when the trash pickup is going to respond to the NETS
asking for special pickups to eliminate? You and me drove through one place here and there is
another exactly like that in Northwest 9th Terrace and 45th Avenue. The NET office claims that
they have called for special pickups to get rid of the furniture and all the trash there and they
haven't got it. So my question is, if we this afternoon can get a commitment, so we don't have
to lie to the people that calls our office, that we don't have to lie to the press when they ask
about? Or are we just going to have to continue saying that indeed it is had service and we're
trying to do something to fix it. But, can we have a response for these people that are calling
saying, yes, we're going to be back on the schedule by Monday night or Tuesday or Wednesday?
Mr. Williams: Mr. Vice Mayor, certainly we can tell you that. I can get an update as of this
afternoon and I certainly can have that information for you. And also the issue with regarding to
the legal reports that the NET offices called us about, you know that's one that we have to
schedule outside of...
Commissioner Hernandez: Ron, what percentage of our trash are going... diverted to Virginia
Key?
Mr. Williams: Let me just give you the number, Mr. Commissioner. We, you know, with that
change I made I just pulled some numbers as of... up to this point, this month. We have...
We've diverted over 300 tons, and I think about the first eight days, eight collection days, I'm
sorry, this month that's high. It's probably still below 15 percent. I believe that that number will
continue to increase. And the unique thing about looking at those numbers, you can tell exactly
what neighborhoods, what areas that you're picking up in because the number goes very high on
certain days and then low on others because of the contamination or mixture as we call it. But,
in order to meet this objective, Mr. Commission, we're heading upwards of 15 percent to try and
meet that objective.
49 January 23, 1997
l.-
Commissioner Hernandez: Do we still receive the five dollar ($5) credit on...
Mr. Williams: That is...
Commissioner Hernandez: ... the tonnage from the County?
Mr. Williams; Absolutely. That's a part of a signed agreement and approved by this
Commission as part of those Interlocal agreements and we'll be bringing to you a document to
proceed with that.
Commissioner Hernandez: How high of a percentage do you think we can achieve in diversion?
Mr. Williams: Optimistically, we're looking at 25 percent. It's an issue of inspection support
and I have to just say that out there. But we also know that within the grant monies that we
have, we've got the ability at Virginia Key to deliver some material that's slightly or a little bit
contaminated and clean it out and move it out. I mean, move it hack to the landfill or resource
recovery where we want to take it. So, we're shooting for that number, Commissioner. We
haven't had a major amount of success with that, but I can tell you the numbers that I looked at
from the first part of January are encouraging.
Commissioner Hernandez: What would be the savings to reach that goal that you're talking
about?
Mr. Williams: The savings that we've committed an Oversight plan are 900,000 and that's
based on 100,000 diversion at nine dollars ($9) a ton. The diversion to Virginia Key is what we
call maximum diversion, we're hoping and we haven't committed to it because we don't have a
history of that in this year. I mean, in the previous years but in this budget year the 900,000 is
there. We're hoping that as we push up and continue to increase that diversion activity of
Virginia Key, that number is going to help us reduce the overall disposal cost.
Commissioner Hernandez: Nine hundred thousand.
Mayor Carollo: You asked a question of what was the savings on the 15 percent that's being
diverted or is to go...
Commissioner Hernandez: Right.
Mayor Carollo: ... to be diverted to Virginia Key. You didn't...
Mr. Williams: Twenty-five percent.
Mayor Carollo: Huh?
Mr. Williams: Twenty-five percent.
Commissioner Hernandez: From 15 to 25.
Mr. Williams: Yeah.
Mayor Carollo: Yeah, but what is the actual dollar amount in savings? That's the question.
Commissioner Hernandez: That's the question right.
Mr. Williams: The three hundred, let me just use an example. Let me just give you an exact
number. The numbers that I worked out for January show the 300 tons diverted. If you take that
50 January 23, 1997
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th
times 45, which is our best case situation, you're talking about just for the first part of the month,
a knock off of thirteen thousand five hundred. If you take that to the worst case meaning the
higher cost transfer station, just in those eight days you've reduced, I'm talking total tonnage
cost by sixteen thousand, sixteen five. We're thinking that as that increases and as we move
toward September there are going to be some real bucks there, Mr. Mayor.
Mayor Carollo: That's a savings every how often?
Mr. Williams: I am sorry.
Mayor Carollo: That's a savings of every how often, every week?
Mr. Williams: Every...
Commissioner Hernandez: Yeah.
Mr. Williams: ... yeah, that was for a eight day period that I looked at. Eight collection days,
period. What we want to do, Mr. Mayor, is take as much, and I've said this to the press and I've
been talking to them about it, we want them to help us with our education program to the
citizens. The cleaner the material, meaning the more segregated the yard waste material is from
the other stuff, the illegal dumped piles of junk that we have to pick up, the better we're able to
increase that savings amount. And it... you know, it's not there but I can say that the numbers
that I looked at encouraging. I've got a gentleman that's working on that, that's really
environmentally conscious, and he's pushing it, full days.
Mayor Carollo: By when Ron, are you going to have the trash and garbage pickup back to a
timely basis?
Mr. Williams: Mr. Mayor, let me answer that two ways. I think the garbage is on schedule. It
usually always is. If there is a unique problem, I think I did get one call from your office about a
street address that we went out and that... either that was a miss or because we changed the route,
the citizen put it out later. Regardless, we went back and picked it up. Because we reduced the
routes, again, OK. Often, an operator you know, the layout is different and people that know
that the truck comes by at ten sometimes might not put it out till nine thirty. Operation issue I
won't get into it. The fact is, we think garbage is on scheduled. If there are any exceptions, to
any offices certainly we will respond to them, but the garbage service works well. The trash
service, Mr. Mayor, I think we need another full week meeting into next Friday. I know that
we've got some spots on Monday that we're working on today but we plan to be back in there on
Monday going forward to Friday. I've changed the 5-day schedule effective the 3rd of February.
We're not going to change the date of collection but what that Wednesday does for us, I believe
is that Wednesday makes staffing available there full-time to respond to any issues such as
illegal dumping, you know, some of those NET calls for tickets that they've given, plus the
misconception in the article that I'd like to just make clear. The bulky waste pickup, each citizen
gets four of those and we try to schedule those with the citizens. I think the story didn't get quite
told as compared to the citizen setting the date, we're scheduling those because we want to do
them as part of the scheduling right. So we need, Mr. Mayor, a another full week and I think that
if we're able to do that, then moving forward as we implement our 5-day and trash collection
program, I believe we're going to be able to stay on that schedule.
Mayor Carollo: All right Ron, you're asking for a full week. We're going to give you 20
percent reserve.
Mr. Williams: OK.
51 January 23, 1997
A
Mayor Carollo: That's something that's become popular these days. So that means you're going
to get seven days plus two, nine days. Mr. Manager, you've heard him. All right, nine days he's
going to have it in place and working. So...
Mr. Williams: Well, let me explain that. We're going to be caught up, Mr. Mayor. What I'm
saying to you is that we think that the 5-day schedule will help us stay there and let me explain
that because you know, a lot of time we get lost with that. This schedule, Mr. Mayor, is
dependent upon what's dumped upon our streets, OK. Often we can't control that, and again I
don't want to get into the discussion of the excuses with you. But, if we get, and you've seen the
stuff, you've travelled around the City, all of you have. It we get these humongous piles of stuff
that we have absolutely no ability to control. There's nobody left to pick it up but the City of
Miami. It's in our right-of-way. Those things are going to affect the schedule.
Mayor Carollo: I'm sorry, Ron, I'm sorry. We do have the ability to control it. We have
inspectors that this City has to coordinate so that they can control and they can fine people. So, I
don't want to hear the excuse that we have no ability to control it.
Mr. Williams: Well, let me...
Mayor Carollo: ... We can fine people and we will control it by fining people.
Mr. Williams: But it's still there, Mr. Mayor and it has to be collected. We can fine people, OK,
but it's still there and sooner or later we've got to collect it.
Mayor Carollo: Yeah, but Ron, we can beat a dead horse all we want. You've seen the patterns
in the past and the patterns are not going to change that drastic from the past to the present.
Commissioner Plummer: Let me ask a question?
Mayor Carollo: You wanted seven days, you've got nine.
Mr. Williams: Well, we...
Mayor Carollo: And the garbage I would expect it, that's it all going to be timely as you said...
Mr. Williams: Yeah, garbage is fine.
Mayor Carollo: ... since you said it was all timely.
Mr. Williams: Let me just say this. Mr. Mayor, we're going to be on schedule. I will come
back here and certainly ask for your questions, complaints whatever, when we slip. But I just
don't want to leave this Commission with the impression that once we get it caught up, there's
never going to be a problem in trash collection again. I'd be... It would be unfair to me and
certainly unfair to give that impression to the public. Trash collection is a program that, Mr.
Mayor, we talked many times about reducing it, changing it. I think we're committed to stand
with the once per week program. This Commission on a policy is committed to stand with that.
We're going to do the best we can to stay with it. I just don't want to sit here to... stand here
before you and say once we get it caught up, you're never going to hear a trash collection
problem again because I think that the pattern shows that we will.
Mayor Carollo: Ron, all that I'm saying is, you asked for seven days, you got nine. If you don't
do it in nine days, you know, I'm not going to be hearing the excuses. You can give 'em to
someone else.
52 January 23, 1997
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Mr. Williams: Well, we're going to catch it up, Mr. Mayor, within that period of time. I just
want to make the Commission aware that sometime it may fall behind again and I will certainly
be prepared to discuss that with you. But, trash collection is a program that we have to
aggressively go with and we need to keep on top of the inspection side of it.
Commissioner Plummer: I have a question.
Commissioner Gort: Let me ask you...
Commissioner Plummer: Go ahead.
Commissioner Gort: No you.
Commissioner Plummer: When we talked about saving money and we talked about in lieu of a
garbage tax, it seemed like it was an overwhelming idea to go to once every two weeks pick up
of trash rather than every week. Now, suddenly I don't hear that anymore and yet, we don't
have a garbage tax and we're trying to save nine hundred thousand dollars ($900,000). Mr.
Manager, we lost something somewhere.
Mr. Williams: Commissioner, certainly a reduced frequency would help our ability to meet to
where the Mayor is going and that is keep the program on scheduling and Vice Mayor
Regalado's point is, being able to commit to citizens that we're going to be there. The reduced
frequency certainly gives the department the ability to save the money and work within it.
Commissioner Gort: Mr. Mayor, my understanding when we talked about the reduction and not
placing a tax, that you were going to come back with a plan to us about the trash collection.
Because you're right, we have a big problem within the City of Miami with illegal dumping.
There's a lot of illegal dumping taking place. We have inspectors going out and trying to get
that but at the same time, I think if we change some of the trash collection, we might be able to
eliminate some of the illegal dumping. You were to come back to us with a plan on how to do it.
Mr. Williams: We...
Commissioner Gort: I don't know about this everyday...
Commissioner Plummer: It's an unbelievable problem.
Commissioner Gort: ... but we agreed on that, that we would have every week trash collection.
Mr. Williams; Well, we have that plan, Commissioner. We have talked to the Manager about it.
The Manager has been looked in at the support that's needed, meaning the inspection side of
that, and we have discussed that in detail but we're certain we do have that plan in place and we
have a projection on it. I mean that plan worked out.
Commissioner Plummer: I noticed in some other City of recent, that people were caught
dumping illegal trash and got jail time. Do our provisions provide the same? I mean when a
policeman catches somebody dumping illegally...
Commissioner Plummer: ... are they arrested?
Mr. William: Don, is saying... Don Warshaw is shaking his head, yes.
Commissioner Plummer: Are they subject to jail time?
53 January 23, 1997
Commissioner Gort: Yes.
Commissioner Plummer: OK, you know, because I think, I hate to think about having to put
people in jail, but if that's what it's going to take to make people understand. Because I've got
to tell you something, the same problem exists today that has existed with tires. Tires are a
major problems. Batteries, a major problem. And, you know, until something is done, where
people understand if you're not going to abide, you're going to go bye, bye.
Mayor Carollo: If it's not jail time they should sign a loyalty to the City.
i Commissioner Plummer: Nothing wrong with that. I didn't see your signature on one.
Mr. Williams: But Commissioner Gort, you are absolutely right, I mean, we've discussed that
and we have not... If it's the will of the Commission, it certainly would be a lot of help Mr.
Mayor to give the department that space.
Commissioner Plummer: What time are we coming back?
Commissioner Gort: I've got two things that... it you guys allow me.
Mayor Carollo: Two p.m., but there's a couple of more pocket items. Thank you, Mr. Williams,
we will see you here in nine days.
Commissioner Plummer: No you won't.
Mr. Williams: Well, are we going to address the frequency issue Mr. Mayor, or are we just
going to Ieave that till later on?
Commissioner Plummer: We've already addressed it.
Mayor Carollo: Not at this time, sir.
Mr. Williams: OK.
Commissioner Plummer: Well, it's already been addressed, it's a matter now of implementation.
----------------------------------------------------------------------------------------------------------------
20. ISSUE CITY COMMISSION CONDOLENCES TO FAMILIES OF: LALO
VILLA.LOBOS; OCTAVIO BLANCO; CAPT. BOB LEWIS; RICKIA ISSAC.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Mr. Mayor, I have two things.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Gort: One is, I would like to send my heartfelt prayers to the family of Rickia
Issac, the young girl that was struck in the head by the stray bullet on Monday, January 20, 1997.
May God be with you and your family during this difficult times.
Commissioner Plummer: Mr. Gort. Mr. Gort. In that same line?
Commissioner Gort: Yes.
54 January 23, 1997
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Commissioner Plummer: I think we would like to spread upon the minutes the passing
unfortunately of three individuals known to this community very, very well. The first one was
Lalo Villalobos, who worked here in the Mayor's office many, many years and served this City
well. And I think that's one. I went last night to another gentleman who worked with this City
through Accion, Mr. Octavio Blanco who passed away, I guess yesterday, I'm not sure. And the
third one that I would like to spread upon the minutes is a man who served on our Waterfront
Board and served on many, many committees marine related, Mr. Bob Lewis and I would make
a motion at this time that not only those be spread upon the minutes but the Commission of the
City of Miami expresses through the normal procedures to the family our condolences. I so
move.
Commissioner Gort: Second.
Mayor Carollo: There's a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolutions were introduced by Commissioner Plummer, who moved their
adoption:
RESOLUTION NO. 97-60
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 JOSE "LOLO"
VILLALOBOS UPON HIS UNTIMELY DEATH.
RESOLUTION NO. 97-60.1
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 OCTAVIO
BLANCO UPON HIS UNTIMELY DEATH.
RESOLUTION NO. 97-60.2
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 CAPT. BOB
LEWIS, UPON HIS UNTIMELY DEATH.
RESOLUTION NO. 97-60.3
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 RICKIA ISSAC
UPON HERE TRAGIC AND UNTIMELY DEATH.
55 January 23, 1997
"'11)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolutions were passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
21. APPROVE STREET CLOSURE REQUEST / LOAN SERVICES OF
ANTONINO H. LIZASO TO BIPRISA FOR JOSE MARTI PARADE -- NO
FEE WAIVERS.
Commissioner Gort: I have a pocket item that is being brought to you, this is the Jose Marti
Parade. It takes place by the Private School Association on the 21st. They're requesting the
closing of the streets and the waiver of the fee of the services. The waiver of the fee, I told them
will be impossible. The closing of the street, I will not have any problem with it. And to have
Mr. Antonio Hernandez Lizaso as a loan to them on that day. He's been coordinating it on
behalf of the City for the past 21 years.
Commissioner Hernandez: I don't have a problem as long as the fee waiver...
Vice Mayor Regalado: I second it.
Commissioner Plummer: The closing of the streets...
Commissioner Hernandez: And...
Commissioner Gort: And the loan of...
Mayor Carollo: Well, the loan is a management decision, we're going to have to include that in
the motion. The Manager can decide if he wants to do that or not.
Commissioner Plummer: The loan of what?
Commissioner Gort: The loan of Antonio Hernandez Lizaso.
Commissioner Plummer: Oh, oh, I'm sorry, OK.
Mayor Carollo: OK, there's a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
56 January 23, 1997
t
Commissioner Plummer: I would hope, Willy, that you so notify him of that because that tab of
what he's asking for waiver on Police and Fire and Sanitation could make or break that parade.
So I think... I would hope that you would notify him today that the only thing he got was...
Commissioner Gort: He would be notified at the same time... I think I told him that it was
impossible, that this Commission has taken some decisions...
Commissioner Plummer: And he lives in hope.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-61
A MOTION AUTHORIZING THE CITY MANAGER TO CLOSE STREETS TO
THROUGH VEHICULAR TRAFFIC IN CONNECTION WITH THE JOSE MARTI
PARADE; FURTHER DIRECTING THE CITY MANAGER TO ASSIGN DR.
LIZASO, PARKS DEPARTMENT, CULTURAL AFFAIRS DIVISION, TO WORK IN
FURTHERANCE OF SAID EVENT.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
------------------------------------------------------------- --------------- ------------------------------------
22. COMMISSIONER GORT READS SERGIO ROK'S LETTER RESOLVING TO
JOIN FIGHT TO SAVE CITY / RESIGNING FROM P.A.C. AND COALITION
FOR A NEW MIAMI.
Commissioner Gort: And, Mr. Mayor, because of the decision that this Commission have been
taken and the changes that we have been showing, at this time I would like to read a letter. I
would like to a take a few moments to make an important announcement to the residents of the
City of Miami and to each of my colleagues and the Commission. After meeting during the past
several weeks with the members of the downtown business community, in particular Mr. Sergio
Rok and his father Nathan Rok, Sergio has agreed to resign as Co -Treasurer of the Coalition of
the New Miami, the group that's actively working for the purpose of abolishing the City of
Miami. Where Sergio and Nathan Rok had decided to join us in fighting to save the City of
Miami and to make it better, the City of Miami, and all residents in the business community.
They made their decision based on the discussion that we had with the City Manager and myself
and I assure you that business will not be as usual, that it will be a new City government working
harder than ever for a better Miami. And I have a letter from him where he's stated that the main
reason is that he and his father were having conflicts from the beginning. His father allowed him
57
January 23, 1997
4);
to take the decision. We met with him and we showed him the difference... We talked about the
difference investments coming to the City of Miami, where we have over three point two billion
dollars in new construction coming in over the next five years. We've also had an opportunity to
talk to the City Manager, where the City Manager stated that the new administration what it's
doing for the City, downtown and for the whole City. And we believe that the point that they
wanted to bring about, which is the downtown is the living room in the City of Miami, that we
need to continue to work with them and make sure that we make it a very sustaining downtown
because that will help the whole City as a whole. Mr. Mayor, I would like to announce that at
this time. I've got the letter here and I'll make copies for anybody who would like to have a
copy of it.
Commissioner Plummer: Thank him for his loyalty.
Vice Mayor Regalado: You got your endorsement card.
Mayor Carollo: Commissioner, let me congratulate you in your effort in working with the
downtown business owners, we won't call them land barons anymore. And, getting this
accomplished for the City. I think that if, maybe we would have had the opportunity to have
done this, if you would have been given that opportunity before, we could have saved a lot of
time and energy in dollars, that is going to cost the City a special election but I am glad that
Nathan Rok and his son thought it over and they certainly have contributed tremendously to the
City of Miami in the past and I am sure that they will contribute even more so in the years to
come.
Commissioner Gort: Thank you.
Commissioner Plummer: Two o'clock?
Mayor Carollo: Two o'clock, we'll reconvene.
NOTE FOR THE RECORD: Commissioner Gort enters the
Commission chamber at 2:07 p.m.
------------------------------------------------------------ ---------------------------------------------------
23. AUTHORIZE WITH CONDITIONS PLACEMENT OF BANNERS IN
PUBLIC -RIGHTS -OF -WAY -- FOR ADVERTISING GRAND PRIX OF
MIAMI (2 / 28 THRU 3 / 2 /97) BY MIAMI MOTORSPORTS,INC.
NOTE FOR THE RECORD: At this point, Commissioner Plummer
reads the proposed reso ution into the public record by title only.
Commissioner Plummer: I've run this by the City Manager. I so move.
58 January 23, 1997
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Mayor Carollo: There's a motion, there's a second. Discussion. Mr. Manager, have you been
able to go through the resolution?
Mr. Edward Marquez (City Manager): Yes, sir. I have no problem with it.
Mayor Carollo: OK. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-62
A RESOLUTION RELATED TO THE GRAND PRIX OF MIAMI TO BE
CONDUCTED BY MIAMI MOTORSPORTS, INC. FEBRUARY 28 - MARCH 2,
1997; AUTHORIZING THE PLACEMENT OF BANNERS ADVERTISING THE
ACTIVITIES OF SAID EVENT ALONG THE PUBLIC RIGHTS -OF -WAY
THROUGHOUT THE CITY, CONDITIONING SAID AUTHORIZATION UPON THE
FOLLOWING (1) THE CITY OF MIAMI SHALL BE RECOGNIZED AS A SPONSOR
OF SAID EVENT; (2) THE ORGANIZERS SHALL INDEMNIFY AND HOLD THE
CITY HARMLESS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM
ANY LIABILITY ARISING FROM THE HEREIN AUTHORIZATION; (3) THE
ORGANIZERS SHALL OBTAIN INSURANCE ACCEPTABLE TO THE RISK
MANAGEMENT DIVISION OF THE CITY, NAMING THE CITY AS AN
ADDITIONAL INSURED, IN AN AMOUNT NOT LESS THAN $1,000,000; (4) THE
ORGANIZERS SHALL PAY A PERMIT FEE OF $20,00 PER POLE FOR 100 POLES;
.-(5) THE ORGANIZERS HALL COMPLY WITH ALL CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
59 January 23, 1997
a
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 23rd day of January, 1997, 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 2:07 p.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
ALSO PRESENT:
Carlos Smith, Assistant City Manager
Joel Maxwell, Assistant City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
ABSENT:
Vice Mayor Tomas Regalado
Edward Marquez, City Manager
A. Quinn Jones, III, Esq., City Attorney
----------------------------------------------------------------------------------------------------------
24. (A) APPROVE MAJOR USE SPECIAL PERMIT APPLICATION FOR A
PLANNED UNIT DEVELOPMENT, PURSUANT TO ARTICLES 5,
13 AND 17 OF 'ZONING ORDINANCE. -- PROJECT TO BE CALLED
NORTHWESTERN ESTATES -- CONSISTS OF 10.34 ACRES OF
LAND IN WHICH NOT MORE THAN 134 SINGLE-FAMILY
RESIDENTIAL UNITS OF AFFORDABLE HOUSING AND 299
PARKING ARE PROPOSED FOR DEVELOPMENT -- LOCATION:
800 N.W. 69 STREET. -- APPLICANT: LAWRENCE A. LEVINE
FOR LIBERTY HOUSING ASSOCIATES
(B) COMMISSIONER PLUMMER DIRECTS ADMINISTRATION TO
PLACE IN-HOUSE PLANNING AND ZONING ITEMS AT END OF
AGENDA.
Mayor Carollo: We're now on PZ-1.
Commissioner Plummer: Where is the applicant? This is Lawrence A. Levine for Liberty
Housing. Here we go.
60 January 23, 1997
-
Mr. Oliver Gross: Good afternoon. I'm not Lawrence A. Levine, but I'm Oliver Gross, the
Director of Development for the Urban League of Greater Miami. And we are the sponsor and
the co -developer on this particular project.
Commissioner Gort: Mr. Mayor, I understand that Planning recommends... The Planning
Advisory Board recommends this single-family planned unit development, and I move it.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): For the record, I'd just like to state that
there are several conditions. There were... one of them is that the property comply with the
replatting requirements, which they are in the process. The other one is that all the other use...
conditions that are in every major use special permit that they record their covenants and unities
of title, and maintenance agreements. And there's two additional ones that came about from the
Urban Development Review Board. One of them is that the project is adjacent to... Across the
street to the west is a school, but the project has only one ingress and egress point on the east
side. The Urban Development Review Board recommended that a pedestrian opening be added
to the west side to allow any children that live in the project that attend the school to have an
easier way to get to school, instead of having to walk a block and a half down, out, and then, back
to the school. We're in concurrence with that. And I believe the applicant is going to do that.
Second one is that the landscape plans showed sufficient amount of landscape material, but not
very mature species. They were eight-, ten... you know, foot trees, smaller trees. We would like
them to increase the maturity of the... the number of mature species. Try to get them taller. Get
the ❑eighborhood to look a little more, you know, lush and green, and all of the things. The
UDRB (Urban Development Review Board) felt that, actually, the way it was proposed, it barely
complied if.... maybe didn't comply with the Dade County Landscape Ordinance which we
operate under. So, those are the only conditions that they...
- Commissioner Plummer: I second the motion.
Commissioner Gort: With the conditions stated by the...
Commissioner Plummer: Of course.
Mayor Carollo: OK. There's a motion. There's a second with conditions stated. All in favor,
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There's no nays.
Ms. Slazyk: And one more clarification for the record. This is just... The project inspected cost,
the legislation says four point seven million. That's how much the City has appropriated. The
cost of the project is about fifteen million. I'd like to correct that so the final legislation signed
by the Mayor reflects the right number.
Mayor Carollo: Thank you, Lourdes.
Commissioner Plummer: Does it stay on the tax rolls?
Commissioner Gort: Yes.
Mayor Carollo: Sir, do you need to state anything? Would you like to state anything or... It's
approved. t
r,
s
61 January 23, 1997 l
r
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-63
A RESOLUTION WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER PURSUANT TO
ZONING ORDINANCE NO. 11000, FOR THE "NORTHWESTERN ESTATES"
PROJECT, TO BE COMPRISED OF 1`•'vOT MORE THAN ONE HUNDRED THIRTY-
FOUR (134) SINGLE FAMILY UNITS OF AFFORDABLE HOUSING AND TWO
HUNDRED NINETY-NINE (299) PARKING SPACES, TO BE LOCTED AT
APPROXIMATELY 800 NORTHWEST 69TH STREET, MIAMI, FLORIDA;
MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; AND 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 Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Mayor Joe Carollo
NAYS: None.
ABSENT: Vice Mayor Tomas Regalado
Commissioner Plummer: Mr. Mayor, before we get into item 2, might I suggest to the
Administration, all of these items which are basically housekeeping items, City applicant, be put
at the end of an agenda, I mean, so people that are here for other items don't have to sit around
while we do a lot of housekeeping.
Mr. Carlos Smith (Assistant City Manager): Commissioner, this is a companion item to PZ-3.
Commissioner Gort: All right. My understanding is we have a letter requesting that this be
heard after five o'clock.
Commissioner Plummer: This is companion to what?
Ms. Slazyk: PZ-3.
Mayor Carollo: PZ-3, yeah. That...
Ms. Slazyk: The Commission had asked us to come back with a legislative solution, so we put
them together on the agenda so you could hear them.
Mayor Carollo: Commissioner Plummer has to leave at five, so we only have the possibility of
either...
Commissioner Plummer: That might be extended to six or six -thirty. I'll have to let you know.
62
January 23, 1997
1&:.
----------------------------------------------------------------------------------------------------------------
25. DISCUSS / CONTINUE CONSIDERATION OF PZ-4 ( APPEAL OF ZONING
BOARD'S DECISION TO PERMIT CONVERSION OF EXISTING
COMMERCIAL STRUCTURE AT 311-321 N.E. 79 STREET TO PLACE OF
WORSHIP) -- FURTHER INSTRUCT ADMINISTRATION TO
STUDY/DRAFT LEGISLATION TO PERMIT CONVERSION WITHOUT
DOWNGRADING ZONING CLASS -- BRING BOTH ITEMS BACK TO
COMMISSION BY MARCH 27, 1997 -- CHURCH IS TO CONTINUE TO
HOLD SERVICES AT SITE DURING INTERIM TIME. -- APPLICANT(S):
MARCELINE PEARLMAN, (OWNER) / NADEGE DUTES, (BUYER)
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK. All right. J.L. is waiting to see if they died then. All right. Then, we will
move on to PZ-4 and bypass 2 and 3.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): Two and 3, right. Yes. PZ-4 and 5 are
companion items for a special exception and a variance for a place of worship at 311 and 321
Northeast 79th Street. These applications were recommended for... were actually granted by the
Zoning Board, and what you have before you now is an appeal by the neighbor for the special
exception and the variance. The Planning Department is recommending approval with
conditions, the conditions that were granted by the Zoning Board. We're recommending
upholding the variance and special exception and denying the appeal. The Zoning Board granted
the special exception and the variance with the condition that they come up with a little bit more
green space. This is a C-2 property that found themselves short on the amount of land they
needed to comply with parking and green space. So they opted to reduce their green space to
come into compliance with parking. The project, as presented, meets all parking. They were
short on green space, and that's what the variance request was for. The Zoning Board asked that
they come up with a little bit more green space by adding about two feet of green space along the
length of the building on the property. And they granted it that way, and the applicant had
agreed to that condition. The neighbor is appealing, and I'll let him present his argument.
Commissioner Plummer: Well, my only problem here is the possiblity this is going to be a place
of worship, off the tax rolls. Are they proffering a maintenance, annual maintenance
contribution?
Ms. Slazyk: They have not as of this point.
Commissioner Plummer: You've still got to provide all municipal services. OK?
Mr. Tony O'Donnell: OK. Mr. Mayor, members of the Commission, for the record, my name
is...
Commissioner Gort: You have to be sworn in.
Mr. Walter Foeman (City Clerk): Would you raise your right hand, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. O'Donnell: Again, Mr. Mayor and members of the Commission, for the record, my name is
Tony O'Donnell with law offices at 701 Brickell Avenue. I'm representing the appellants,
63 January 23, 1997
Robert and Karen Raley, today. The appellants are the owners of the Take One Lounge. This is
an adult entertainment liquor lounge located on Northeast 79th Street immediately east of the
proposed church, within 100, 125 feet of an existing; building that the church intends to convert
into church use. We are in a difficult situation. We're in opposition to the special exception for
the church use, and we want the Commission to he aware, and we think you need to be aware of
the direct negative impact this use will have on the Raleys' property. I'd like to hand out some
composite excerpts from your Zoning Ordinance, and also from your Code of Ordinances, and
also the site plan that's here. The first point that we want to make is that Section 4-13 of your
Code of Ordinance prohibits a lounge within 300 feet of a church. This is a legislative
determination by the Commission that the two uses are incompatible within that distance. And it
places the Raleys' property, if the church is approved, it would place the Raleys' property
directly into a nonconforming use category. What does that mean under your ordinances? It
would mean no rebuilding; if over 50 percent of damage is done to the building;. It would mean
no expansion of the building. It would mean you lose the use entirely, if, for some reason, it's
closed down for a period of time. It would result in a substantial reduction in the value of the
property by coming from a conforming use to a nonconforming use. The business the Raleys
operate, they have operated in the same area for 24 years. First, directly across the street, and
then when they... their lease was up, they relocated to the present site six years ago. And they
located their site to he in full compliance with the distance requirements of Section 4-13, and in
full compliance with the Zoning; Code, which allows their use only in C-2 and industrial districts.
The proposed church is contrary to the distance requirements of the section I mentioned to you.
It's incompatible by your own legislative determination with a liquor lounge use, and we will
show it has, we believe, insufficient parking under your own Code, notwitlistanding the
determination Of your director to the contrary. And finally, I think we've already demonstrated,
but we will show that it has a severe economic impact on the property. Our first legal argument
is with the Special Exception Ordinance itself. It comes under Article 13, Special Permit and
Article 16, Special Exceptions. They are before you as the first two excerpts from your Zoning
Ordinance. And it's clear when you read those sections that they do not provide, as is required
under Florida law, specific mandatory standards so the Code provisions themselves that the
church is coming under are unconstitutional on its face. And I refer you to a case several years
ago, the Save Brickell Avenue case versus City of Miami, in which the Third District so ruled.
If you look at these Article 13 and 16 excerpts which I've handed out, there are only two
arguable standards, and we believe they're too vague. But assuming that they are standards and
they would meet the constitutional test, they are clearly not met in this case. The first one refers
to a requirement that the special permit or exception receive, quote, "special and intensive
review" to determine whether or not they should be permitted in a specific location. This is
clearly the wrong location, where it violates the legislative determination that a 300-foot distance
is required, and there are no exceptions to that 300-foot distance in the Code allowed. The
second arguable standard under these ordinances is, quote, "tile purpose to protect adjoining
properties." Clearly, that has not been met and this case will result in a nonconforming use and
insufficient parking on site. The second general area we'd like for you to look at is our next
Code provision, which are excerpts from the C-1 and C-2 parking requirements. And we believe
the director has improperly applied them to this case, and that it shows on the site plan excerpts
which we show you. The parking requirements meet for the church use the one space per five -
seat minimum. But it fails to provide the one space per 300 square foot for the remaining half of
the building. And the whole half of the building, over 3,000 square feet of building to be used
for a classroom, or storage or other uses does not have any parking assigned to it, whereas if you
read the ordinance carefully, at the very bottom of Section 401, it says, "Except as required
above, one space per 300 square feet of gross floor area for other nonresidential uses." That
would mean an additional ten spaces on this property. They now meet the bare minimum, and
we anticipate a tremendous parking overflow, even without the deficiency of the ten spaces for
the services, the weddings, the funerals, the meetings, and other functions that are directty
accessible to our business' parking area, both the lounge, and also the office and warehouse
businesses which we own behind our particular property. I'd like to hand out now photos which
64 January 23, 1997
show different views of our building and the building that is proposed for the church. I'd like for
this to be made part of the record. The two buildings are on the same block, and they're within
125 feet of each other. Our next point is, in balancing the equities of this case, I think the
Commission should recognize also that adult entertainment lounges have a unique locational
problem. An AE (adult entertainment) lounge in the City of Miami is allowed in only two
zoning districts, C-2 and industrial, both as conditional uses, not as permitted uses. On the other
hand, a church is allowed in 13 zoning districts, either as a permitted use in most residential
areas, or a special exception and a special permit. So, there are many alternative sites and
locations far more available to the church than it would be in terms of the hardship it will cause
this particular use to find a different location. And finally, we draw to your attention the tax base
consequences of this decision if it were to he upheld. It would result in a twofold negative
impact on the tax base of the City. First, a business property would be converted to a church and
become exempt of taxes. And second, in existing business would be converted to a
nonconforming use, which will result in a value depreciation in the tax base. To summarize, we
have nothing against the church and its people and what it's proposing to do. It's just a good use
in a wrong location with insufficient parking. We urge you to overturn the special exception. I
would like for Mr. Raley to briefly address you with respect to his views on this matter. Thank
you.
NOTE FOR THE RECORD: Vice Mayor Regalado enters the
ommission chamber at 2:15 p.m. Mayor Carollo exits the
Commission chamber at 2:17 p,m.
Mr: Robert Raley: Yes. Robert Raley, 1000 Island Boulevard, Williams Island. I own the
property directly east and north of the whole building that we're discussing. And like my
attorney says, I have been there 24 years, and my taxes are approximately fifteen thousand a
year. And if it becomes a church with parking and everything, they're going to destroy all the
parking in my offices behind, which I have ten offices directly behind the church, and all the
warehouses directly beside the church. And there's going to be a big conflict in the parking
where they are. Plus, when I moved there and bought all the property, I did everything. I had to
have a survey. I had to... I spent thousands of dollars even before I moved to have all the
compliances, being the distance between a church and a school, and another liquor lounge, other
adult entertainment things, and all the things there was. I paid all the impact fees to the County
Commissioners. I paid all the impact fees for the water. And therefore, I feel that it would be a
big inconvenience to me and a big... a non... It would not work to have a church next door to
me. And it hooks right... it's not the doors are a hundred feet apart, but the property hooks right
onto it. My property adjoins the church, right up against the wall area right there. So that's...
Thank you.
Commissioner Plummer: A question to the department. If this were to be granted, would the
lounge be a nonconforming use?
Ms. Slazyk: Yes, sir, it would.
Commissioner Plummer: You know, because our laws are crazy, and simply because of the fact
you couldn't open a lounge within 1500 feet of a church or school, right? But you can open a
church next door to a lounge or to a school. So my question is... Well, the filling station law
was knocked out as unconstitutional, but that's beside the point. My question, again, is by
granting this particular application or any one like it, does the lounge become a nonconforming
use?
65 January 23, 1997
LIN
Ms. Slazyk: Yes, it does.
Commissioner Plummer: That's unfair to the lounge.
Ms. Slazyk: As long as they keep their doors open, they can continue to be there. They're
legally...
Commissioner Plummer: Yeah, but they're nonconforming. Now, I'm not going to get into the
righteousness and the morality. I'm speaking from a standpoint of zoning. And please
understand, but the point that I'm thinking is the value of this man's land is absolutely
downgraded. As a nonconforming use, his land is downgraded, and as such, I would assume if
we were to grant this, is entitled to compensation, because... OK, you didn't like that. I'm not
going to argue the point. I'm just saying, there's no question in my mind, as a nonconforming
use, it is a downgrading of his property rights.
Mr. Maxwell: May I respond to that, Commissioner?
Commissioner Plummer: Sure.
Mr. Maxwell: The distance separation provisions of the City Code when adopted by the City
Commission were presumed to protect the interest of churches and religious institutions.
Commissioner Plummer: Yeah, and schools.
Mr. Maxwell: And not protect the interest of commercial institutions. The courts have ruled on
that. This question has come up in the past. And you're correct, there is an appearance of
unfairness there, and in fact, in several instances, unfairness may occur as a result of the
application of these rules. But it's clear that what is sought to be protected here are the churches.
And if a church... or religious institutions. And if a church desires, under your ordinance, to
locate next to a commercial establishment selling alcohol, it can do so, and it will, in fact, make
the alcoholic beverage establishment nonconforming under the rules as they are written now.
Now, the City Commission can address that issue by amending the Code and addressing that, if
it feels that that's something that should not occur in the future. But as the laws now stand, we
think we can defend the fact that - and it would not constitute a taking - the fact that this fellow -
I'm sorry - this particular alcoholic beverage institution would not be able to expand. Or if they
discontinued operations for six months, they would have to shut down.
Commissioner Plummer: Yeah. OK. Thank you.
Mr. Singer: Thank you. My name is Steve Singer, representing the Church of God Holiness of
Christ. My address is 801 Northeast 167th Street, of the law firm of Mamber, Savage and
Singer. The Church of God Holiness of Christ is a not -for -profit place of worship established in
November of 1994. Over the past two and a half years, Pastor Butes has built up a substantial
congregation located on 46th Street. However, that building is smaller than the size of this
room. So therefore, they went out looking for suitable space, and they found this warehouse that
Mrs. Pearlman owned. And now, not only do they have a suitable church, but they also have a
separate space for their Sunday School. On October 21st, your Zoning Board approved the
conversion of the vacant warehouse on 79th Street to a church, subject to the addition of the
additional green space. In November, the closing went through, and the church purchased the
warehouse, invested not only financially, but in the future of its congregation and of the
neighborhood. So, what you have here is an adaptive reuse of a vacant derelict warehouse into a
place of worship, with the addition of more greenery. The church has complied with all of the
ordinances, including the parking requirement. Now, what Mr. Raley complains of is that the
church people are going to scare off his patrons. However, you should examine the reality of the
66 January 23, 1997
th
•.Y Rvy
situation. The hours of operation are going to be substantially dissimilar. What he doesn't tell
you is that the two parking lots of these two establishments are separated by a building, so you're
not going to have the same people parking in the same lot. He also says in his appeal, this is
going to be a parking problem. But what he doesn't tell you is the church has met the parking
requirements of the City, and it is his customers parking on the church's lot, and not vice -versa.
And Mrs. Pearlman, the former owner, can attest to that. And finally, please keep in mind, this
ordinance was created to protect the public from his establishment, and not vice -versa. So he
really doesn't have any standing here. Thank you.
Vice Mayor Regalado: What are the hours of worship? Excuse me. What are the hours of
worship, and days?
Ms. Nadege Dutes: Excuse me. Sunday morning from nine to ten -thirty, Sunday School; and
service, eleven... ten -thirty to one -thirty; and at night, seven -thirty, Sunday night to nine -thirty.
Vice Mayor Regalado: During the week.
Ms. Dutes: And Wednesday night, we have Bible study, seven -thirty to nine -thirty.
Vice Mayor Regalado: Nothing in the morning? I mean, nothing that...
Ms. Dutes: In the morning, Wednesday morning, we fast.
Vice Mayor Regalado: But it would not conflict with the office of hours of...
Ms. Dutes: No.
Vice Mayor Regalado: OK. Any other questions?
Commissioner Plummer: Well, I've made my points. I just... You know, I hate to be cast into
this position, you know, of holding up a girly show and turning down a church. But that's where
we're at. We're not talking about a girly show and we're really not talking about a church.
We're talking about zoning, and we're talking about fairness in zoning. And for this individual
who owns property, who bought it as a C-2 property, and operates it, in my estimation, is entitled
to certain property rights. If we grant this application, there is no question in my mind that his
property rights will be downgraded. And I just think that that's unfair. Now, if the ordinance
were changed and his rights were not downgraded, then I'd have no problem voting for the
church. But in the interest of fairness, I feel that it is wrong, from a standpoint of zoning - let me
make that clear - to have his property put into a second position. So if I were to make a motion,
I've got to make a motion to uphold the appeal. j
Vice Mayor Regalado: Yes...
Ms. Dutes: May I speak, please?
Vice Mayor Regalado: One second. One second. Commissioner Hernandez, please.
Commissioner Hernandez: Two things. Number one, you're right in what you're saying, J.L. I
agree with you. I think... and in speaking to the City Attorney. The only way we could protect
the live entertainment business owner is, obviously, we'd have to amend the ordinance so he
would not suffer a down use or a nonconforming use. Amend it per se, as per what Mr. Maxwell
says, which is any church that comes after the fact, within 500 squar feet...
Commissioner Plummer: Absolutely.
67 January 23, 1997 s
t
Commissioner Hernandez: ... he would not suffer a... the situation where he finds himself in a
nonconforming use.
Commissioner Plummer: Well...
Commissioner Hernandez: On a lighter note, I would think there is no better place to put a
church than next to a live entertainment so they can walk right out and walk right into the place
and go to confession.
Commissioner Plummer: I don't disagree with that. I don't disagree. I think that, you know, if I
were to be making single-handedly the decision, I would move to defer, change... the ordinance
does not, in fact, downgrade his property rights. Bring both back once that is done, and I'll vote
right now for the church. But I can't do it at the detriment of someone else, who had full rights
of his property and will no longer have them. So if you want a motion to defer and send it back
to the... We'll, defer this item. And then ask the Planning Department to go and do a study and
come back as quickly as possible with an ordinance changing the reversal, do not downgrade.
I'll so move for the deferral.
NOTE FOR THE RECORD: Mayor Carollo enters the
ommission chamber at 2:34 p.m.
Vice Mayor Regalado: There is a motion, ma'am.
Commissioner Hernandez: I second it.
Commissioner Gott: I think that's a good...
Vice Mayor Regalado: Yes. One, second. Ma'am.
Ms. Marceline Pearlman: I am Marceline Pearlman, the former owner at 321 Northeast 79th
Street. We had our business there since 1963. I live in Sunny Isles. I'm an active member of
the Concerned Citizens of Dade County. The Church of God of Holiness of Christ purchased the
property on November the 15th, 1996, after the unanimous vote of approval by the Zoning
Board. The board felt, as 1 do, that the church is definitely positive improvement to this
neighborhood. I don't believe the church had any intentions of interfering with Mr. Raley's
business of adult entertainment. Mr. Raley has been harassing the people of the church when
they were there to fix up the grounds. He also contended they were using his property for
parking. And the lot adjacent to the building, it was purchased by us, taxes were paid by us, and
sold to the church by us. Mr. Raley is not interested or concerned about 79th Street, about
making it a better looking street. Instead of trying to improve the neighborhood, he is
deliberately trying to tear it down by painting his building a haf pink building, which is
degrading to 79th Street. He would have a... He could have a solid concrete building, as some
of the other girly show . If the church was not complaining, Mr. Raley
certainly should not be taking up your valuable time, and stop harassing a peaceful, abiding
church. Thank you.
Vice Mayor Regalado: Thank you.
Commissioner Plummer: Call the question.
68
January 23, 1997
thl
Vice Mayor Regalado: Mr. Mayor, there is a motion to deter.
Mayor Carollo: And there's a second. Any further discussion?
Mr. Maxwell: Can we have a date certain on that, Mr. Mayor? Do you want to give us a...
Commissioner Plummer: Well, when will it come hack?
Commissioner Gort: When can you bring it back?
Commissioner Plummer: When is it going to be coming back?
Mr. Maxwell: Hey, well, if it's just a Code amendment, we could come back at the next
meeting. But it's... There's a possibility that it could entail some amendments to the Zoning
Ordinance, which would take a little longer.
lCommissioner Plummer: March the 27th.
Mr. Maxwell: March the 27th, two months?
Commissioner Plummer: Yeah.
1
Mr. Maxwell: All right. Thank you.
Commissioner Plummer: And I think, without saying it, I think they can allow the church to
continue to hold services until this matter is resolved.
Unidentified Speaker: They don't hold services?
Commissioner Plummer: Well, if they want to hold services, let them.
Unidentified Speaker: The roof is caved in.
Commissioner Plummer: The roof is caved in.
Unidentified Speaker: They came over...
Mayor Carollo: Mr. Clerk, can you call the roll, please?
Commissioner Plummer: What is the difference between item 4 and item 5?
4 Ms. Slazyk: One is a special exception. The other is a variance.
Commissioner Plummer: But they pertain both to the same property.
Ms. Slazyk: Yes, they do. They're companion items.
Commissioner Plummer: OK.
69 January 23, 1997
i
S.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-64
A MOTION TO CONTINUE AGENDA ITEM PZ-4 (APPEAL OF ZONING
BOARD'S DECISION TO PERMIT CONVERSION OF AN EXISTING
COMMERCIAL STRUCTURE AT 311-321 N.E. 79 STREET TO A PLACE OF
WORSHIP); FURTHER INSTRUCTING THE. ADMINISTRATION TO STUDY AND
DRAFT THE NECESSARY LEGISLATION TO PERMIT SAID CONVERSION
WITHOUT DOWNGRADING THE ZONING CLASSIFICATION AND BRING
BOTH ITEM PZ-4 AND THE PROPOSED NEW ORDINANCE BCK AT THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR MARCH 27, 1997; AND
FURTHER STATING THAT THE CHURCH MAY CONTINUE TO HOLD
SERVICES AT SAID SITE DURING THE INTERIM TIME PERIOD.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
26. DISCUSS J CONTINUE CONSIDERATION OF PZ5 ( APPEAL OF ZONING
BOARD'S DECISION TO PERMIT REDICTION OF GREEN SPACE AT 311-
321 N.E. 79 ST. FOR PLACE OF WORSHIP) -- FURTHER INSTRUCT
ADMINISTRATION TO STUDY/DRAFT LEGISLATION TO PERMIT SAID
REDUCTION WITHOUT DOWNGRADING ZONING CLASS -- BRING PZ5
AND PROPOSED ORDINANCE BACK AT MEETING OF MARCH 27,
1997 -- CHURCH IS TO CONTINUE TO HOLD SERVICES AT SITE
DURING INTERIM TIME. -- APPLICANT(S): MARCELINE PEARLMAN,
(OWNER)JNADEGE DUTES, (BUYER)
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Same on item 5, which is a companion. Joe, I move the same on 5.
It's a companion.
Commissioner Hernandez: Second.
Mayor Carollo: OK. There's a motion on 5, there's a second. Could you call the roll, please?
70 January 23, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-65
A MOTION TO CONTINUE AGENDA ITEM PZ-5 (APPEAL OF ZONING
BOARD'S DECISION TO PERMIT A REDUCTION OF GREEN SPACE AREA
REQUIRED AT 311-321 N.E. 79 STREET FOR A PLACE OF WORSHIP); FURTHER
INSTRUCTING THE ADMINISTRAITON TO STUDY AND DRAFT THE
NECESSARY LEGISLATION TO PERMIT SAID REDUCTION WITHOUT
DOWNGRDING THE ZONING CLASSIFICATION AND BRING BOTH ITEM PZ-5
AND THE PROPOSED NEW ORDINANCE BCK AT THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR MARCH 27, 1997; AND FURTHER
STATING THT THE CHURCH MAY CONTINUE TO HOLD SERVICES AT SAID
SITE DURING THE INTERIM TIME.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
27. SECOND READING ORDINANCE: AMEND CITY LAND USE MAP OF
COMPREHENSIVE NEIGHBORHOOD PLAN -- CHANGE LAND USE
DESIGNATION OF 301 TO 583 AND 300 TO 598 N.W. 54 STREET, FROM
"RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL."
APPLICANT: CITY OF MIAMI COMMUNITY PLANNING &
REVITALIZATION.
Commissioner Plummer: Here's another City of Miami. City of Miami.
Mayor Carollo: OK. We're in...
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): These are companion zoning and land use
for 54th Street, change from C-1 to C-2. As you recall, at first reading, there was a prperty
owner who really wanted it to be more liberal, industrial.
Commissioner Plummer: Oh, yeah, how well I remember that one.
Ms. Slazyk: Yeah. We met with him. It turns out the use he wants to... he was contemplating
for his property is permissible by special exception, so he has no problem.
Commissioner Plummer: I move it.
71 January 23, 1997
01
Commissioner Gort: Second.
Mayor Carollo: All right. There's a motion by Commissioner Plummer, second by
Commissioner Gort. Call the roll, please.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATIONS OF THE PROPERTIES LOCATED AT APPROXIMATELY 301-
583 AND 300-598 NORTHWEST 54TH STREET, 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 October 24, 1996, 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11436.
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.
----------------------------------------------------------------------------------------------------------------
28. SECOND READING ORDINANCE: CHANGE OF ZONING AS LISTED IN
ORDINANCE NO. 11000, AS AMENDED, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, FROM C-1 RESTRICTED
COMMERCIAL TO C-2 LIBERAL COMMERCIAL. -- LOCATION:
APPROXIMATELY 301 TO 583 AND 300 TO 598 N.W. 54 STREET. --
APPLICANT: CITY OF MIAMI COMMUNITY PLANNING &
REVITALIZATION
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Item 7 is a companion item to 6.
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Plummer, second by Gort. Read it, please. Call the roll.
72 January 23, 1997
`.:
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS BY CHANGING THE
ZONING CLASSIFICATION, FROM C-1 RESTRICTED COMMERCIAL TO C-2
LIBERAL COMMERCIAL, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 301-583 AND 300-598 NORTHWEST 54TH STREET, MIAMI,
FLORIDA; AND BY MAKING ALL NECESSARY CHANGES ON PAGES 13 AND
16 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of October 24, 1996, 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
',,THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11437.
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.
----------------------------------------------------------- --------------------------------- --------------------
29. FIRST READING ORDINANCE: APPROVE AMENDING CITY FUTURE
LAND USE MAP OF COMPREHENSIVE NEIGHBORHOOD PLAN --
CHANGE LAND USE DESIGNATION AT APPROXIMATELY 7450 NORTH
MIAMI AVENUE, FROM MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO LIBERAL COMMERCIAL. -- APLICANT ROLANDO
BLANCO.
Mayor Carollo: We're on item 8, PZ-8.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): Yes. PZ-8 and 9 are also companion items
for land use and zoning amendment for 7450 North Miami Avenue. They were recommended
for approval by the Planning Advisory Board and approval by the Zoning Board. The
department recommends denial, and I'd like to show you why real quick. If you can look at the
transparency behind me, the subject property that's being changed is one of two lots at the end of
a block. And one of the criteria that we use in zoning and land use amendments is logical
extension of zoning boundary lines. And to cut that block up and leave one lot at the end as a
separate zoning designation, then the rest of it is not a logical extension. I don't think there's
any opposition there, you know. But the department still feels that that's an illogical extension
of a boundary line. Again, they were recommended for approval by the PAB (Planning
Advisory Board) and the Zoning Board.
73 January 23, 1997
phi
Commissioner Gort: Mr. Mayor... Staff, may I ask you a question? What's presently there?
Commissioner Plummer: What's what?
Commissioner Gort: What's presently in there? One single-family, from what I can see.
Ms. Slazyk: It's a multifamily. There's a residential structure, and it appears to be more than a
single-family unit. We went on a zoning tour. We went and looked at the property, and...
Commissioner Gort: Thank you.
Commissioner Plummer: Is there... Oh, yes, there is, too. It presently is R-3?
I Ms. Slazyk: R-3, and they want to change it to a C-2, general commercial, which is what
they've got immediately next door and across the street. The rest of that block has a lot of auto...
You know, there's some... a warehouse, there's an auto repairs, and I believe that that's the use
that the applicant is intending for the property.
Mayor Carollo: Any further questions from the Commissioners at this point in time?
Commissioner Plummer: Well, I guess we need to hear something of why it shouldn't be
denied.
Mayor Caroilo: Well, that's what we're going into now. Ma'am, if you could state your name
and address.
Mr. Walter Foeman (City Clerk): Excuse me, Mr. Mayor.. May I swear her in?
Mayor Carollo: Go ahead, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Zelma Jenkins: Good afternoon. My name is Zelma Jenkins, and I am the owner of the
property adjacent, right in the rear of Mr. Blanco's property.
Commissioner Plummer: Is this an appeal?
Ms. Jenkins: Yes.
Commissioner Plummer: Are you appealing, ma'am?
Ms. Jenkins: Yes, sir.
Mr. Joel Maxwell (Deputy City Attorney): This is item 8. This is not an appeal.
Ms. Slazyk: No. This is a request...
Mr. Carlos Smith (Assistant City Manager): It's not an appeal.
r
F
Ms. Slazyk: This is a zoning and land use amendment. t
i
74 January 23, 1997 >
r;
r
Commissioner Gort: Where is the applicant?
Commissioner Plummer: She's not the owner of the subject property. That's why I'm asking.
Is the appolicant of the... The owner of the subject property should be first.
Commissioner Gort: Well, he's got to make a presentation.
Commissioner Plummer: Well, that's usually the way we do things here. The owner makes the
first presentation, then the objectors are there, and then the owners give a rebuttal. That's why
I'm asking. She is not the owner of the property.
Mr. Tony Fernandez: My name is Tony Fernandez.
Commissioner Gort: You have to be sworn in.
Mr. Foeman: Would you raise your right hand, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Fernandez: I am Tony Fernandez. I'm an architect, and I represent Mr. Orlando Blanco,
who is the owner of the property. I was before the Planning Advisory Board and before the
Zoning Board, before exposing the case. This is a piece of property which is right on North
Miami Avenue and 74th Street. There's a single-family dwelling there now, which is not in very
good condition. We've given photographs to the Planning, the City of Miami Planning, and
they've been out to the site. What my client is proposing to do is move his machine shop
business, which is two blocks down on North Miami Avenue. Right now, he's leasing from an
existing building, and he wants to build his own machine shop on this piece of property, improve
the property, according to the, you know, Building and Zoning Code, if the request is granted,
with all the landscaping, parking, any privacy walls, to keep away from the neighbors, and
continue his business on that corner. The two houses next to this property are the only...
Actually, it's a lot which is split in two. There's a single-family dwelling on the north end of the
lot, and then there is Ms. Jenkins' building on the south end of the lot. Her piece of property is
about 55-by-62, 55 feet-by-62 feet. It's a very tiny lot. When we first came before the Planning
Advisory Board, the Planning Department recommended denial, and they asked us to go out and
contact the neighbors, which I did, and Mr. Blanco did. Mr. Blanco met with Ms. Jenkins in
person. I talked to her on the phone on many occasions. I also wrote a letter. You should have
a copy. If not, I have a copy of the letter. I went into a lot of detail explaining what we wanted
to do with this piece of land. When I first spoke to her, she was in support of our petition. She
was very much in support of the petition, as a matter of fact. I asked her two things. One, come
in person before the Planning Advisory Board to show your support. And if you cannot do this,
why don't you sign a notarizes] letter stating your support, so we can take the letter with us
before the Planning Advisory Board. Even though she, to me, she expressed tier suport, she
didn't show up at the meeting, and I never got the letter, notarized letter from her. I did the same
thing for the other neighbor, Mr. Milton Thorpe (phonetic). He's never shown up, but again, lie
showed his support over the phone and in person with Mr. Blanco. So, we came before the
Planning Advisory Board, and the petition was granted. And the same thing happened before the
Zoning Advisory Board, which was the last meeting, and the petition was granted. We never
heard from Ms. Jenkins again until now. Now is the... As a matter of fact, this is the first time
that I meet her person to person. I had spoken on the phone with tier several times. I know that
Mr. Blanco met with her person to person. Every time that I spoke with her, she showed her
support. You know, she thought this would bring the property values up, and it would he a plus
for her property. if you have any questions...?
75 January 23, 1997
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Commissioner Plummer: My question of you is, did you... Are you here for a fee?
Mr. Fernandez: Well, yes, I am.
Commissioner Plummer: You're here for a fee. Did you register as a lobbyist?
Mr. Fernandez: Yes.
Commissioner Plummer: Thank you.
Vice Mayor Regalado: What kind of building are you planning in that area? Is it a one-story
or.... ?
Mr. Fernandez: It will be a one-story, approximatly 2,000 square feet, so it's a very small
building to house a machine shop, which is the business Mr. Blanco has right now this minute on
7111 North Miami Avenue. It's two blocks down.
Vice Mayor Regalado: Are there any ther commercial buildings very close to it?
Mr. Fernandez: Oh, yes. All along North Miami Avenue, there's a number of even residences
which appear to have a business. I don't know if it's under special permit or conditional use
permit. But the tendency of North Miami Avenue is to become a commercial thoroughfare.
Vice Mayor Regalado: One last question. Has there been any construction recently, or that
would he a new construction that that area hasn't had in the past year or two years?
Mr. Fernandez: I think this would be a new building. Right across the street, there's a nursery, a
plant nursery which is, you know, appears to be vacant, but it's... actually, it's a commercial
venture. And right behind this on North Miami Avenue, there is a... what appears to be like a
type of an auto parts business or, you know. There are businesses all over the place on North
Miami Avenue.
Vice Mayor Regalado: Thank you.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Commissioner, go ahead.
Commissioner Gort: I have a question of staff. If you look at the C-2, it goes up and down, up
and down. I mean, you're talking about a misused line or disturbed line, that looks very
disturbing to me, where you can have... Right across the street, you have all the way up to the...
to 75th Street, and then you bring it back, and then you bring it back up again.
Ms. Slazyk: Let me explain what happens. What's happening in this area is that we respond to
requests for zoning and land use changes. We don't go looking for them. To take it... all of this
now and do a study, and possibly come up with a conclusion that it should be changed all to C-2
would possibly make some of the residential uses nonconforming, and we'd be in the same
position that we were talking about with the church and the liquor establishment. You change
people's taxes, and you change their conforming status for... you know, just to get a straight
zoning line doesn't make sense. So in this case, when you have industrial or quasi -industrial
areas next to residential, the City is most likely not going to come in and straighten the line out,
because you're going to make somebody nonconforming.
76 January 23, 1997
Commissioner Gort: OK. Thank you.
Mayor Carollo: All right, ma'am, your name and address.
Ms. Jenkins: My name is Zelma Jenkins, and I have a piece of property at 7409 Northwest
Miami Court, to the south of Mr. Blanco. Is it OK if I go ahead on and speak?
Mayor Carollo: Excuse me?
Ms. Jenkins: I would like to just speak on my behalf.
Mayor Carollo: Of course, sure.
Commissioner Plummer: Of course.
Ms. Jenkins: I appreciate it. First of all, I'm just basically concerned about my piece of
property. I have a duplex, and I have children, and I have animals, and I'm concerned about the
danger. And as far as Mr. Fernandez asking me about the support, I never really supported him.
That's why I never send the affidavit back to him, because it never was really explained to me
what would be the repercussions. And I never got with him to find out the pros and cons as to
how it would affect tile as a taxpayer, along with the property. And I'm afraid if lie put a
machine shop there, it might create some problems for me as far as renting my property. And so
that's why I came here in my support to... you know, where you all could just hear my side also.
And I did send in the paperwork that was sent to me. So I'm very much up to date with what's
happening with this particular situation. Now, however, I did talk to Mr. Fernandez and Mr.
Blanco about buying me out, because they're very close. And I did talk to him in extent about
that, if he's going to put the machine shop, then lie could go ahead on and buy me out. I also
told him that, you know, I have to consider myself, too, because I've been there 11 years. And if
he put a machine shop there, and I can't rent my property, then I'm at a lost. What am I going to
do? So that's why I needed help, I needed somebody to talk to me, to tell me how this is going
to affect me. Is it going to cause my taxes to go up? Is it going to cause... Like I had a raw
sewage problem coming from his property. And these are the things that I'm encountering, you
know. And I keep a very clean place. It's very clean. And I'm so close to him until, you know,
we could just... I could just reach out my back door and say hello. So, I just made a little list of
things that I wanted to ask, and... if I may. I wanted to know what kind of machine shop, what is
the parking, the noise, the dumping of waste. I wanted to know about the plumbing problems,
about the raw sewage coming over to my property, the smells of chemicals. I need... I would
like a concrete wall. I also would like to know about the acid problems under the conservation.
I'd like to know about the large trucks early morning, disturbing my tenants. What about the
paint and body, the noises late at night, before day in the morning? Will this zoning increase my
property value, or will it not increase? That was the pros and cons. I also would like to have my
property taxes... Would it change my property taxes? Will this zoning affect my tenants' rights?
And these were the questions that nobody, you know, took time to answer, and that's why I'm
here today. And I am a schoolteacher. I work with handicapped children. I can't just take off. I
just took the liberty today and I was able to get some help. Other than that, I wouldn't have been
able to take off. So that's why I'm here. I'm just a citizen, just want to get what's due to me. I
don't want to hurt nobody, but by the same token, I don't want nobody hurting me. I just want to
live in peace, but by the same token, I want what is granted my rights, also. I'm not saying
that.., stopping progress, because I'm not that type of person. I want progress, but by the same
token, I don't want it to hurt me to the point that, you know, I lose out. Thank you.
Commissioner Plummer: Does your property jut up against his?
Ms. Jenkins: I'm sorry?
77 January 23, 1997
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Commissioner Gort: It's right next to him.
Ms. Jenkins: Yes, very close. Very close.
Commissioner Gort: She's right on Miami Court.
Ms. Jenkins: Yes.
Commissioner Gort: Now, from looking at this map here, right in your back yard, you have the
same zoning right next to you.
Ms. Jenkins: Yes, sir.
Commissioner Gort: You have commercial right next to you already.
Ms. Jenkins: Yes, sir. But they were there so long.
Commissioner Gort: I cannot answer the other questions. I think the other questions could be
answered by staff.
Mr. Fernandez: Can I respond to her?
Commissioner Plummer: Excuse me. Which property is hers?
Ms. Jenkins: It's... But they're way over, way... far over.
Commissioner Gort: No. My understanding... You have them right behind you. It's C-1, right
next to you.
Ms. Jenkins: Yeah, resident, you mean?
Commissioner Gort: No, no, commercial.
Commissioner Plummer: C-2. C-2.
Mr. Smith: She has C-2.
Ms. Jenkins: Yes.
Commissioner Gort: C-2. You got commercial right behind you.
Ms. Jenkins: Yes, it's a car company, but it's very far over. It's not as close as Mr. Blanco's
property.
Commissioner Gort: But if you look at the line, it's right there. What the benefit is, I think the
staff can answer. And my understanding is that if they're going to have a new building, they're
going to have to comply with DERM (Department of Environmental Resource Management).
They're going to have to comply with a lot of regulations. The property value, I don't know. I'll
let the staff answer that.
Mr. Fernandez: They have to comply with all WASA (Water and Sewer Authority) regulations,
DERM regulations.
78
January 23, 1997
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Commissioner Plummer: Yeah, but that's really not the problem. The problem is they're
proposing to put a very commercial use in next to a duplex residential. That's the problem.
Ms. Jenkins: Yes, sir. That's what...
Commissioner Plummer: That's the problem. The property is presently zoned R-3. It is
residential in nature. She is next door. She has a residence there. And between... You're going
to put in next door to her a commercial use. Now, you know, it's not spot zoning, because it
does touch the zoning; you're asking for. And I understand that. But to put that in there and
make her a non -conforming use, if that's what it would be... I don't see that's the case. It would
be just moving that line over. But it's the idea of putting it next door to a residence. Would you
want to live next door to that kind of an operation? I think not.
Mr. Fernandez: Can I respond to her?
Commissioner Plummer: You have a chance for rebuttal, sir.
Mr. Fernandez: OK. Well, first of all, when I talked to Ms. Jenkins, I was very detailed in what
j I spoke to her about. This is the letter that I wrote to her. You can pass it. I also invited Ms.
i Jenkins to my office to, you know, answer any of her questions or to go over the building with
I more detail. She didn't do so, but I did invite her. The building, it's a small building. It's a
small venture. It's 2,000 square feet. Mr. Blanco, as I said, has a... The business now is at 7111
North Miami Avenue. It's mostly small parts, you know, motors that lie repairs. And it's mostly
for just private individuals. And this is not a big; operation. It would be a modern building.
There's no such things as acids or... you know, all the cleaning; is done in ovens, baking; ovens so
there's no... you know, it's new technology. We will, of course, comply with all the City of
Miami laws regarding plumbing, regarding sewage. You know, everything is going to go to the
-public sewer, as prescribed by the City of Miami and by DORM, which has, you know,
jurisdiction over things like... of this nature, or uses of this nature. As far as the noise, there
won't be any noise. This will be a concrete block building, one story. Per City of Miami
fPlanning, we have to build a fence, a concrete block fence on the property line to separate the
two properties. There will be landscaping, and there will be a lot of parking, you know,
handicapped parking. There will be a dumpster, and we're, you know, complying with all the
laws. As far as the neighborhood now, it's R-3, but if you look at the corner lot, it's split in two.
The housing there is, you know, is in disrepair. A lot of it is in disrepair. By the way, I wanted a
clarification from Ms. Jenkins, because I don't think she lives there. She lives someplace else,
and she's renting the duplex.
Commissioner Plummer: That has no bearing on it, sir.
Mr. Fernandez: And if you look at her property, which is 61 feet-by-55 feet... and I know it's
grandfdthered in, but it's... You know, you can see that it has a number of violations.
Commissioner Plummer: It's not a... excuse me. That's not grandathered. That's legitimate, not
grandfathered.
Mr. Fernandez: Well, it's legitimate, but it... Ms. Jenkins contacted me with two offers. One
was to buy her property. I informed my client, and he just cannot afford to buy another piece of
property. As it is, he's a small business owner, he works his business, and he's gone through a
tremendous expense just to get here because of all the fees and all the expenses related to this
process. So I told her, you know, my client... I wish he has the money to buy you out, but he
cannot buy you out. He cannot make another expenditure. Then she also suggested that we...
that I help her rebuild her house as a business. And I said, well, you know, that... you can hire
anybody to do that. If... You know, you can hire another architect, and to do that, in the first
79 January 23, 1997
place, the change of zone has to have occurred. And, you know, those were the two offers that
she made to us. And I cannot help her with either one. You know, I asked her to support us
unconditionally.
Commissioner Hernandez: Mr. Mayor?
Mayor Carollo: Mm-hmm.
Commissioner Hernandez: Mr. Fernandez, are you willing... Is the applicant willing to live up
to some of the... what she wants you to do? For example, the wall, if that's a possibility.
Mr. Smith: That is a requirement.
Mr. Fernandez: Of course. It's a requirement.
Commissioner Plummer: It's mandatory.
Mr. Fernandez: Yeah, we're willing to work with her. That's why we called her in the first
place, and I spent a lot of time on the phone with Ms. Jenkins. And we listened to all her
requests, and whatever we could grant, we did. But buying her out is not an option for Mr.
Blanco. He just does not have the money. And, you know, rebuilding her duplex for a future
commercial use is not a possibility. Sure, I can help her, you know, as an architect, but she
would have to hire me or hire somebody else. It doesn't have to be me. And that will be a
possibility once the zone change has occurred, not before then. So that's why she was interested
in helping us in the first place.
Commissioner Hernandez: What's the investment value of -your client into this business? How
much money is he putting into this property?
Mr. Fernandez: Into this property? He says he purchased the property for fifty-five thousand
dollars, as is, and there is a single-family dwelling there now.
Commissioner Hernandez: Is anybody living at the dwelling right now?
Mr. Fernandez: Yes. It's rented.
Commissioner Plummer: I'd like... Have we closed the public hearing?
Mayor Carollo: We can close the public hearing.
Commissioner Plummer: OK. Department, why did you recommend denial?
Ms. Slazyk: Because of the illogical extension of the zoning line, and the fact that that one lot
was being left out, the impact to that lot to change the zoning.
Commissioner Gort: Let me ask a question of staff. In looking at the map here, there's C-2 all
over it, behind it, on the left side, and so on. Then you got the commercial governmental use,
which I imagine is the school there, the St. Mary School, the parochial school. That whole area
mainly behind it is C-2. If we were to approve this... I have two questions. If we were to
approve this change of zoning, what would be the requirement on the buildings in connection to
the adjoining the residential area, what would be the request of the landscaping, the fencing and
so on to protect the residential area, like we have in other places? At the same time, I would like
to see the Planning Department study the rest of the parts that are here, which now, it looks like
it's spot zoning. The R-3 zone in here, it stands there by itself like an island. It's got C-2 behind
it, it's got C-2 to the side.
80 January 23, 1997
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Ms. Slazyk: Yeah. Well, the R-3 is all to the north, too. This spills into the whole R-3.
Vice Mayor Regalado: Right, to the north of the street.
Ms. Slazyk: Right.
Commissioner Gort: I mean, you're dividing...
Ms. Slazyk: But from 75th south...
Commissioner Plummer: No, no.
Commissioner Gort: ... 75th Street is the dividing street.
Commissioner Plummer: No, that's not true.
Commissioner Gort: OK. Why is it not true?
Commissioner Plummer: Look down here, the St. Mary Heights. The line for the R-3 comes all
the way down as far as 73rd Street, over at North Miami Place.
Ms. Slazyk: Yeah It picks up again south of...
Commissioner Plummer: It comes west and it comes south.
.."Commissioner Gort: J.L. if you Iook.at- Miami Avenue all the way to 2nd and 4th Avenue, all
the way up to 75th Street, from 71st...
Commissioner Plummer: But 75th is not the dividing line. That's what I'm saying.
Commissioner Gort: OK. But 75th Street, all that area is commercial. All that area is C-2. The
only piece of land there that's R-3 is that little piece in there.
Mr. Smith: Commissioner, we'll go ahead and make a study of that whole area.
Ms. Slazyk: Yeah. I'd like...
Commissioner Gort: Well, I'd like for you to put on the record what would be the requirement.
Ms. Slazyk: The requirements, yes. I think it's good to get that from staff on the record. Yes,
there is a requirement that a nonresidential use be separated from a residential use by a concrete
wall. And with regards to any machine shop or any mechanic uses, then DERM takes over on
the requirements, on what they have to do with their disposal and everything else. DERM's
jurisdiction takes over. The other thing, which is one of the things that the neighbor mentioned
was the auto body and painting. Those things are... Remember, C-2 is a use in between C-1 and
industrial. To do those things on a C-2 would require hearings. So all he can do there is a
simple machine shop. He can do repairs, but he can't do heavy repairs. He can't do heavy auto
body and painting. So the fumes and the noise that would be associated with those things would
require a special permit in C-2. He can't just open it tomorrow if he gets a zoning change. He'd
be back to hearing, and she'd he notified. And at that time, the department could propose
conditions to mitigate what that would do to the neighbors.
Commissioner Gort: Thank you.
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January 23, 1997
Commissioner Plummer: If there wasn't a residence next door, I could vote for it. But there is a
residential property next door. It is not compatible, and that's why I can't vote for it.
Mayor Carollo: What's the will of the Commission?
Commissioner Gort: I understand. I'll make a motion. It's not right next door, but it's right in
back of it.
Commissioner Plummer: No. It's next door.
Commissioner Gort: The. C-2 is right behind her lot. For that reason, I move for approval.
Mayor Carollo: There's a motion for approval. Is there a second?
Commissioner Hernandez: Second.
Mayor Carollo: There's a second.
Commissioner Plummer: Again, it is contiguous to the duplex next door. Correct? This
property is contiguous to...
Ms. Slazyk: This is contiguous, yes, to... It's an R-3 property, but she's got a duplex.
Commissioner Plummer: R-3. It's right next door. OK.
Commissioner Gort: And right behind it, right next to it, it's got C-2 already.
Mayor Carollo: Call the roll, Mr. Clerk.
Commissioner Plummer: But you've got a residence right next door.
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 7450
NORTH MIAMI AVENUE, FROM MEDIUM DENSITY 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.
82
January 23, 1997
r
was introduced by Commissioner Gort, seconded by Commissioner Hernandez, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: Commissioner J.L. Plummer, 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.
----------------------------------------------------------------------------------------------------------------
30. FRIST READING ORDINANCE: CHANGE OF ZONING AS LISTED IN
ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, -- FROM R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL
COMMERCIAL. -- LOCATION: 7450 NORTH MIAMI AVENUE --
APPLICANT: ROLANDO BLANCO.
Commissioner Plummer: Nine is a companion.
Commissioner Gort: It's a companion.
Mayor Carollo: OIL. Item PZ-9, a companion item.
Commissioner Gort: Move it.
Mayor Carollo: Moved by Commissioner Gort. Seconded by Commissioner Hernandez.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-3 MULTI -FAMILY MEDIUM -DENSITY
RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED
AT 7450 NORTH MIAMI AVENUE, MIAMI, FLORIDA, AND BY MAKING ALL
THE NECESSARY CHANGES ON PAGE NO. 1.0 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
83
'�"r619,
January 23, 1997
was introduced by Commissioner Gort, seconded by Commissioner Hernandez, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: Commissioner J.L. Plummer, 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.
----------------------------------------------------------------------------------------------------------------
31. FIRST READING ORDINANCE: AMEND CITY FUTURE LAND USE MAP
OF THE COMPREHENSIVE NEIGHBORHOOD PLAN -- CHANGE LAND
USE DESIGNATION AT APPROXIMATELY 200 S.W. 13 STREET FROM
OFFICE TO RESTRICTED COMMERCIAL. -- LOCATION: 200 S.W. 13
STREET -- APPLICANT: WALLBRICK LTD., A FLORIDA LIMITED
PARTNERSHIP.
Mayor Carollo: PZ-10.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-10 and 11 are also companions, zoning
and comprehensive plan amendments. This is for a triangular piece of property on Coral Way.
Some of you may be familiar with the new Publix that was built there. This is beside that. In
this case, the department has recommended approval, and it was also recommended for approval
by the Planning Advisory Board and the Zoning Board. This is a logical extension of
commercial boundary. The office district, which is... The office designation, which is what the
property has now is a designation that there seems to be excess of in this area. And the Brickell
Avenue Office District still has plenty of space in which to grow. There's office up and down
Coral Way. And what's happening in this particular part of Brickell is that we're seeing an
increase in residential activity, residential construction. And the C-1 district, the intent of it is to
serve the daily retail and service needs of the community. And the C-1 expansion here will
greatly serve the Central and West Brickell Residential District.
Commissioner Plummer: What is proposed to go here?
Ms. Slazyk: That is not a requirement that they tell us that at this point.
Commissioner Plummer: I know it's not a requirement. I'm asking. Do we know?
Ms. Slazyk: Yeah. I believe it's a Walgreen's. I believe it's a Walgreen's, but they haven't
come in yet until they get their zoning.
Commissioner Plummer: That's fine.
Commissioner Gort: I have a question.
84 January 23, 1997
a
Mayor Carollo: Go ahead.
Commissioner Gort: Let me ask you a question. My understanding, as I recall, that property
used to have a motel in there?
Commissioner Plummer: No. It's vacant.
Commissioner Gort: It's vacant now, but it used to be a motel there about 15 years ago?
Mr. Carlos Smith (Assistant City Manager): There was a motel there.
Commissioner Plummer: Oh, yeah.
Commissioner Gort: There was a motel there about 15 years ago.
Ms. Slazyk: Yeah. I think the sign is still there.
Commissioner Gort: And for 15 years, it has not been developed.
Ms. Slazyk: That's correct.
Commissioner Gort: Thank you.
Commissioner Plummer: Is there any opposition? I'll move item 10.
Commissioner Gort: Second.
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 200
SOUTHWEST 13TH STREET, FROM OFFICE TO RESTRICTED COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
85 January 23, 1997
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
----------------------------------------------------------------------------------------------------------------
32. FIRST READING ORDINANCE: CHANGE OF ZONING AS LISTED IN
ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, -- FROM O-
OFFICE TO C-1 RESTRICTED COMMERCIAL. -- LOCATION: 200 S.W. 13
STREET -- APPLICANT: WALLBRICK LTD., A FLORIDA LIMITED
PARTNERSHIP.
-= ----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 11, the companion item.
Mayor Carollo: There's a motion. There's a second by Commissioner Hernandez.
Commissioner Hernandez: Yes.
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS
OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM O-OFFICE TO C-1 RESTRICTED
COMMERCIAL FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER
OF SOUTHWEST 2ND AVENUE AND CORAL WAY, MIAMI, FLORIDA, AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Egli
January 23, 1997
H1
W
was introduced by Commissioner Plummer, seconded by Commissioner Hernandez, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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. Lucia Dougherty: Thank you very much.
Mayor Carollo: Sure.
----------------------------------------------------------------------------------------------------------------
33. FIRST READING ORDINANCE: CHANGE OF ZONING AS LISTED IN
ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, ARTICLE 4,
SECTION 401; SCHEDULE OF DISTRICT REGULATIONS, -- FROM C-1
—!RESTRICTED COMMERCIAL- TO R-4 MULTIFAMILY HIGH -DENSITY
RESIDENTIAL. -- LOCATION: 669 DOUGLAS ROAD & VACANT LOT ON
S.W. 37 AVENUE & 6 STREET APPLICANT(S): FERNANDO DARGELO &
(WIFE) EVA PADRON AND CLAUDIO PADRON & ROLANDO & GISELA
SANCHEZ-MEDINA.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: PZ-12.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-12 is a request for a zoning change that
does not have a companion comprehensive plan amendment because it is a request for down -
zoning. This is a piece of property that is currently unplatted, will require platting to construct
upon. The applicant came in for the platting process, and found out that there was an easement
through the property that was not legal because of the zoning that does not allow crossing
commercial property to residential... from residential to commercial property. So the request
here is for a down -zoning from C-1 to R-4 to allow him to construct his apartment building and
be able to legalize that easement. The reason that he needs to change the zoning to do that is
because of the same requirement I talked about on the previous item. You have to have a wall
separating residential from nonresidential. Because this zoning line is right on the edge of his
property, he would have to build a wall, and therefore, close off the easement through his
property to another property. The department is recommending denial exactly for the reason that
he needs it, because of the access issue. You have an R-2 neighborhood right behind here. It's a
very low density residential neighborhood. If he's able to keep the access onto his property from
the rear, then all the traffic that comes into and out of this high density residential project will be
using the R-2 neighborhood to come in and out. At the Zoning meeting, the applicant proffered
a covenant, which, again, the Zoning Board is not permitted to accept, only the City Commission
can accept, where they would put the wall around their easement, and therefore, restrict the
87 January 23, 1997
access onto and off of the property. That seems to be agreeable with the neighbors. I've heard
there's a change now, but they are talking about allowing egress and some other conditions. If
something like that were to be in place, then all of our concerns would be mitigated. I'll let the
applicant explain what lie wants to offer.
Commissioner Plummer: It's been a long time since I can remember somebody coming in here
and ask to be downgraded.
Ms. Slazyk: Down -zone, yeah.
Commissioner Plummer: I got to tell you, it's been a long time.
Mayor Carollo: Is the applicant here?
Mr. Santiago Echemendia: Santiago Echemendia on behalf of the applicant, 1 Biscayne Tower.
Mayor Carollo: OK. Can you swear him in, please?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Echemendia: As Lourdes stated, we have reached an agreement with tine neighbors which
addresses staff's concern. There will be no ingress onto the property. There's a neighbor who is
representing the neighbors who will confirm that so long as we submit a covenant, which we've
already proffered to your legal department, confirming that there will be no ingress to the
property that the neighbors are all right with the application. I would also note that your Zoning
Board has recommended for approval by eight zero, and that if we don't get the down -zoning,
we would be deprived of all beneficial use, because we wouldn't be able to subdivide the
property. So in that light, specifically in light of the fact that we've addressed staff's concern
and reached a meeting of the minds with the neighbors, we would urge you to approve our
application.
Mayor Carollo: Any further questions from the members of the Commission?
Commissioner Plummer: Move it.
Mayor Carollo: There's a motion.
Commissioner Gort: I think... Second for discussion purposes. I think there's someone here.
Ms. Jacqueline Brent: OK. My mother... My name is Jacqueline Brent. I live at 8900
Southwest 61st Court.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Brent: I had no plans on being here today. My mother was, but my mother was rushed to
the hospital three o'clock this morning. She's in Cedars of Lebanon now with chest pains. So I
am here stating her case as best I can, but I'd really like her to be here to speak on her behalf.
She's owned that property for 25 years that's right next door. If the property, as she tried to state
to me this morning, with oxygen in her nose, and I.V. in her arm, etcetera, et cetera... It's been a
very rough day for me, so you have to excuse me. She feels like she's going to lose value to her
t
88 January 23, 1997 f
S
property because it is zoned commercial. She is also planning to sell her existing business and
run a little business out of there so that she could he close to... You know, my grandmother lives
next door. She had all intentions of starting a business there that will be... If you change the
zoning to residential, she will no longer have the ability to start a business there. Her property
will also be worth less. And also, the way they were planning to build the wall, she will lose
access to her property up 6th Street, which she has had for 25 years that she's owned that
property. So, she will no longer he able to access, you know, her driveway. And her property
fronts Douglas Road. So there's no way, really, to get into her house, because there's no way...
You can't stop on Douglas Road. Her address is .551 Douglas Road.
Commissioner Gort: My understanding is, from what I've read in here, what they're asking is to
make sure that that keeps open so she can have access to it.
Ms. Slazyk: Yeah, exactly.
Commissioner Gort: That is my understanding.
Ms. Brent: OK.
Commissioner Gort: It would not affect her property at all. That's what they're saying here.
Ms. Brent: OK. Well, she still doesn't want to downgrade it, because she wanted to start a small
business there.
Commissioner Gort: But it doesn't downgrade her property.
Commissioner Plummep: -it doesn't downgrade her property.
Ms. Slazyk: They're not downgrading hers.
Commissioner Gort: It's not her property.
Commissioner Plummer: They're downgrading their property.
Ms. Brent: So, this will not affect her property in the least?
Commissioner Gort: It will not affect her property.
Ms. Brent: Because the way she understood it... Because she got a little form saying, "Do you
approve it?" because it would affect her property.
Ms. Slazyk: Let me see if I can explain.
Ms. Brent: See, I'm sorry. I was not supposed to be here today.
Commissioner Gort: No problem. We understand, we understand.
Ms. Brent: I've been up, you know, half the night, and I was not supposed to be here, but it was
so important to her. She wanted to leave the hospital. The doctor said, "Out of the question, you
cannot leave," so I had to come.
Commissioner Plummer: Send the medical bills to this attorney, because he's caused them.
Ms. Slazyk: Let me try to explain.
89 January 23, 1997
Commissioner Gort: If not, I'm sure there's a doctor that will take care of it.
Ms. Slazyk: The request for a zoning change is their property. They're not requesting to change
the zoning on anybody else's property in the neighborhood. The notices that go out in the mail
are to anybody that lives within 375 feet...
Ms. Brent: Right.
Ms. Slazyk: ... who feels they may be...
Ms. Brent: (Inaudible.)
Ms. Slazyk: OK. But it is not going to change her zoning. If she's commercial now, she's over
here...
Ms. Brent: She can remain commercial or...
Ms. Slazyk: She can remain commercial. She can open her business. It doesn't affect her.
Ms. Brent: OK.
Ms. Slazyk: If she's on the residential side and she wanted to open her business, that's not
allowed. So all she can do is...
--Ms. Brent: So her property stays the same and...
Ms. Slazyk: And the access...
Ms. Brent: ... she'll still have the access to her property.
Ms. Slazyk: And the access is not affected.
Ms. Brent: Then that's all she wanted. That's all she wanted to make sure she had. OK.
Commissioner Gort: Thank you. Move it... I'll second.
Ms. Brent: Thank you.
Mayor Carollo: There's a motion and there's a second by Commissioner Gort.
Commissioner Gort: I hope she gets better.
Ms. Brent: Thank you very much.
Mayor Carollo: Can you read the ordinance, please? Call the roll.
r'1
January 23, 1997
00
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS
OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL TO R-4
MULTI -FAMILY HIGH -DENSITY RESIDENTIAL FOR THE PROPERTY
LOCATED AT 669 DOUGLAS ROAD AND VACANT LOT ON SOUTHWEST 37TH
AVENUE AND 6TH STREET, MIAMI, FLORIDA, AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 33 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
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 Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, 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.
(VOTE FOR THE RECORD: Although absent during roll call,
ommissioner Plummer requested of the Clerk to be shown in
agreement with the motion.
---------------------------------------------------------------------------------------- -----------------------
34. DISCUSS / CONTINUE TO MEETING OF FEBRUARY 27, 1997
CONSIDERATION OF PZ 13 (AMENDING THE CITY OF MIAMI FUTURE
LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING LAND USE DESIGNATION AT APPROXIMATELY 2989 S.W.
4 STREET, FROM SINGLE FAMILY RESIDENTIAL TO TWO FAMILY
RESIDENTIAL.)
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: PZ-13.
Ms. Lourdes Slazyk (Deputy Director, Community Planning Revitalization Department): OK.
PZ-13 and 14 are, again, companion items for zoning and comprehensive plan amendment for
2989 Southwest 4th Street. This is a case where they want to change single-family residential to
a duplex. And again, if I can point out the transparency or the maps in your packets, this, like
the case that we just saw on Miami Avenue, is going to leave an even stranger zoning boundary
line. It is not a logical extension. There are several houses in this single-family area that have
E
91 January 23, 1997
K_
legally grandfathered second units, which would make a change to a duplex seem like a
reasonable thing to do. But they're scattered sites. To change the whole area is going to raise
people's taxes, and it's going to change the character of the neighborhood. So, what happens
here is, people come in with individual requests for an individual lot. This person happens to
have a grandfathered unit next door, and they feel they're entitled to a duplex, and has come in to
request the change. They are adjacent to a duplex, but it, again, it is not a logical extension of a
zoning boundary line, and it's going to leave a very strange looking zoning map for the section.
For that reason, we recommend denial. It was recommended for denial by the Planning
Advisory Board. And there is an error in your package I'd like to correct on the record. The
Zoning Board did recommend approval for it, not denial. The fact sheet...
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Ms. Slazyk: Yeah. The resolution is in your package, and you can see that they voted approval.
Mayor Carollo: OK. Is the applicant here? The applicant? Do you have any questions,
Commissioners?
Commissioner Gort: Let me ask you a question. You have the lines right behind it.
Ms. Slazyk: That's correct.
Commissioner Gort: It's not even a street dividing R-2 from the R-1. Am I correct?
Ms. Slazyk: That's correct. This map is strange. It looks like it's kind of spliced there. But
what it is, in the rear, it's directly abutting our two lots.
Commissioner Gort: Right.
Ms. Slazyk: That was replatted, yes.
Commissioner Gort: In other words, mainly, when we draw a line, we use a street to divide the
different zones.
Ms. Slazyk: Yes. If you look here, these three particular lots are actually part of the block to the
north. And the Planning Department had conducted a study here to propose changing all three.
Commissioner Gort: Right.
Ms. Slazyk: And we took that to the Planning Advisory Board and the Zoning Board, and that
was denied. So, we withdrew our application. This applicant put his own application on hold
for months to let us do the study, go to the boards, and the board, after all of that, said no. And
he said, "Listen, I need to proceed with my application." So...
Commissioner Gort: You got the same zone north of it, and you got the same zone east of it.
Ms. Slazyk: That's right. That's right. There's a block, but there will be one lot separating.
Still, he'd be R-2. One lot to the east would be R-1, and then you have a whole R-2
neighborhood.
Commissioner Gort: Can we take a decision without having the applicant here?
Commissioner Plummer: Sure, you can.
92 January 23, 1997
M
Mayor Carollo: Of course, you can.
Commissioner Gort: I think the logical change in the whole... That whole area should be
changed, and move for approval.
Commissioner Plummer: You move for...
Commissioner Gort: I move for approval.
Mayor Carollo: OK. You move for approval here.
Commissioner Plummer: A single lot?
Commissioner Gort: J.L., this gentleman came to the departmet, from what the department is
telling me. The department told him to hold it...
Commissioner Plummer: They moved for denial.
Commissioner Gort: Wait a minute. The department wanted to have all three lots to comply
with the rest of the zoning change, but the Planning Department rejected it. I mean...
Ms. Slazyk: The Planning Advisory Board and the Zoning Board.
Commissioner Plummer: I'll vote for a study to do that lot.
Ms. Slazyk: All three lots. Yeah.
Commissioner Plummer: OK? But that's spot zoning. No, it's not, either.
Commissioner Gort: Listen, right behind it... It's to the north of the property and then east of
the property, J.L.
Commissioner Plummer: Yeah, but Willy, it doesn't even touch against the line, except the front
line.
Commissioner Gort: The line is right behind it. It's not even a street between the two different
zones.
Commissioner Plummer: Well, I can vote to even off this line across 4th Street.
Ms. Slazyk: May I make a recommendation that maybe we continue this one last time? And the
application that the department presented to the Planning Advisory Board and the Zoning
Board... actually, just to the Planning Advisory Board, since they acted on it, we could bring it to
you, even though it's got a recommendation of denial. And then you can change all three.
Commissioner Gort: OK. All right.
Ms. Slazyk: And then you can change all three. And we can continue this till March 27th, and
I'll bring them all back.
Commissioner Gort: Move for...
Commissioner Plummer: Well, excuse me. Can I make a suggestion?
93
January 23, 1997
Commissioner Gort: Yeah.
Commissioner Plummer: Are you just going to do the three? Why wouldn't you make that line
straight across 4th Street?
Commissioner Gort: That's the...
Ms. Slazyk: That would change all the rest of the properties this way. What... There are single-
family residences there. To change their zoning...
Commissioner Plummer: Now?
Ms. Slazyk: Yes.
Commissioner Plummer: Oh. OK. All right.
Ms. Slazyk: To do it all the way down the block is to increase everybody's assessed value, and
they didn't ask for it.
Commissioner Gort: What do you need? Not a deferral, but you want a continuance?
Ms. Slazyk: Continuance. February or March?
Commissioner Gort: To next...
Mr. Maxwell: No, no. March.
Ms.-Slazyk: March 25th.
Mr. Maxwell: You may... You have to go to the Planning Board, so you need it to March.
Commissioner Gort: They've already been in to Planning Board.
Ms. Slazyk: We've been to the Planning Board, and they recommended denial. And then we
put it on hold.
Commissioner Gort: Can we bring it back in February?
Commissioner Plummer: No, March. Don't bring it back in February, for Christ's sake.
Ms. Slazyk: I can tell you we have a recommendation of denial from the Planning Board. They
wanted us to do... to extend the Iine south, all the way down. That would involve changing
something like 20, 24 lots. So that's...
Commissioner Gort: OK. We'll bring it back in March then.
Unidentified Speaker: When did it go to the Planning Board?
Ms. Slazyk: February... I think we can bring it back in February.
Commissioner Gort: February, fine. OK.
Ms. Slazyk: All right, February 27th.
94 January 23, 1997
a
al
Commissioner Gort: I'll make the motion.
Mayor Carollo: There's a motion.
Commissioner Hernandez: Second.
Commissioner Gort: To continue.
Mayor Carollo: Motion to continue by Commissioner Gort.
Commissioner Plummer: Second.
Mayor Carollo: Second by Commissioner Hernandez. No comments from Mr. Plummer.
Commissioner Plummer: Yeah. I...
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Drop dead.
Mayor Carollo: It's the first for the day.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-66
A MOTION TO CONTINUE TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR FEBRUARY 27, 1997, AGENDA ITEM PZ 13 (PROPOSED
FIRST READING ORDINNACE TO AMEND THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION OF
PROPERTY AT APPRROXIMATELY 2989 s.w. 4 STREET FROPM SINGLE
FAMILY RESIDENTIAL TO TWO FAMILY RESIDENTIAL).
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
M
January 23, 1997
t
-------------------------------------------------•----------------------------------------------------------------
35. DISCUSS / CONTINUE TO MEETING OF FEBRUARY 27, 1997
CONSIDERATION OF PZ14 (CHANGE OF ZONING AS LISTED IN ZONING
ATLAS OF ORDINANCE NO. 11000, AS AMENDED, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-1 SINGLE
FAMILY RESIDENTIAL TO R-2 TWO FAMILY RESIDENTIAL --
LOCATION: 2989 S.W. 4 STREET. -- APPLICANT: JORGE AND FARIDA
GONZALEZ.)
Mayor Carollo: OK. We're on...
Commissioner Plummer: Joe, I want you to know I'm having the funeral home painted, and I'd
like for you to be the first customer.
Mayor Carollo: Well, at least you'll have a customer, Mr. Plummer. You haven't been doing
too well lately.
Commissioner Plummer: No, I've been doing too good.
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor, Mr. Mayor, excuse me.
Mayor Carollo: Yes.
Mr. Maxwell: Was -PZ-14 also continued? It's the companion.
Commissioner Plummer: I believe that's the companion.
Mayor Carollo: PZ-14, yeah, it's the companion.
Mr. Maxwell: Both continued to February.
Commissioner Gort: Here we go again.
Mayor Carollo: Moved by Commissioner Gort, seconded by Commissioner Hernandez. All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Gort: Did you do this on purpose?
Mayor Carollo: No nays.
M.
January 23, 1997
V1
W
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-67
A MOTION TO CONTINUE TO THE COMMMISSION MEETING PRESENTLY
SCHEDULED FOR FEBRUARY 27, 1997, AGENDA ITEM PZ-14 (PROPOSED
FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO
CHANGE ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY
RESIDENTIAL TO R-2 TWO FAMILY RESIDENTIAL AT 2989 S.W. 4 STREET).
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: We're on...
I Ms. Slazyk: We've got a lot of zoning changes today.
----------------------------------------------------------------------------------------------------------------
36. FIRST READING ORDINANCE: AMEND CITY FUTURE LAND USE MAP
OF COMPREHENSIVE NEIGHBORHOOD PLAN -- CHANGE LAND USE i
DESIGNATION AT APPROXIMATELY 2609-11-21-23 N.W. 3 STREET AND
PARKING LOT, FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL -- APPLICANT: DELCO ENTERPRISES, INC.
----------------------------------------------------------------------..-----------------------------------------
i
Mayor Carollo: PZ-15.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): All right. PZ-15 and 16 are companions,
zoning and comrehensive plan amendments. This is for the property, 2609 through 23
Northwest 3rd Street and an adjacent parking lot.
Commissioner Plummer: It's first reading. Are there any objectors? I move it.
Mayor Carollo: There's a motion for approval.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Would you read it, please. Before you read the
call, it's approved by the department, approved by the Planning Advisory Board, and approved
by the Zoning Board. Call the roll.
f
97 January 23, 1997
Ms. Slazyk: Before we do, one quick correction, because it's on PZ-15, not 16. This, I didn't
notice until afterwards. The analysis on page... handwritten page 3 in your package, and page 4,
third paragraph from the top, "east" should be "west," and "west" should be "east." They were
reversed. And the same thing on page 4. Just for the record, I'll have them corrected at second
reading. They're corrected in the Zoning Board package, but not the PAB (Planning Advisory
Board).
Commissioner Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATIONS OF THE PROPERTIES LOCATED AT
APPROXIMATELY 2609-11-21-23 NORTHWEST 3RD STREET AND PARKING
LOT, FROM DUPLEX 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.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
---------------------- -----------------------------------------------------------------------------------------
37. FIRST READING ORDINANCE: CHANGE OF ZONING AS LISTED IN
ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-1
SINGLE FAMILY RESIDENTIAL TO R-2 TWO FAMILY RESIDENTIAL --
LOCATION: APPROXIMATELY 2609-1.1-21-23 N.W. 3 STREET &
PARKING LOT -- APPLICANT: DELCO ENTERPRISES, INC.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Sixteen.
Commissioner Plummer: Move 16...
Mayor Carollo: Motion by Gort, second by Regalado. Read the ordinance, please. Call the roll.
98 January 23, 1997
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS
OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT
2609/2611/2621/2623 NORTHWEST 3RD STREET AND PARKING LOT, MIAMI,
FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
34 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Gort, seconded by Vice Mayor Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
-----------------------------------------------------------------------------------------------------------------
38. TABLE TO LATER IN MEETING CONSIDERATION OF PZ 17 (APPEAL OF
A ZONING BOARD'S DECISION WHICH DENIED AN APPEAL AND
GRANTED A CLASS II SPECIAL PERMIT APPLICATION NO. 96-3247
WITH CONDITIONS BY THE DIRECTOR OF THE DEPARTMENT OF
COMMUNITY PLANNING AND REVITALIZATION FOR EXTERIOR
MODIFICATIONS TO EXISTING NONCONFORMING STRUCTURES
WITHIN THE SD-2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT AND SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT,
PER SECTIONS 602.3.1, 617.3.1, 906.7.3 AND 1106.1 OF ORDINANCE NO.
11000, AS AMENDED,; ZONED O OFFICE, SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT, SD-17 SOUTH BAYSHORE DRIVE
OVERLAY DISTRICT AND SD-19 DESIGNATED F.A.R. OVERLAY
DISTRICT. --LOCATION: 2951 SOUTH BAYSHORE DRIVE (THE
MUTINY) -- APPLICANT: MUTINY ON THE BAY, LTD.
Mayor Carollo: PZ-17.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-17 is an appeal of a class II special
permit that was granted for the Mutiny project at 2951 South Bayshore Drive. The Department
of Community Planning and Revitalization granted the class II special permit on October 16th of
1996. The project had gone to the Urban Development Review Board for design review
99 January 23, 1997
Erb
comments. It was... They had complied with all the conditions. It was the request of the
Department, we made findings that the... it had complied with all of the criteria in the Zoning
Ordinance. And we, therefore, recommend denial of the appeal and upholding of the class two
special permit. This particular class II special permit is to fix the Mutiny and to add the parking
that's required over the parking structure to accommodate its new use as residential. As you
know, before the residential project that's proposed now, it was a hotel, which only required one
parking space for every two rooms. When you convert it to residential, they have to provide
more parking. Therefore, they need a larger parking structure. All of the rest of the
modifications to the building are fixing it up, painting it up, cleaning it up, and refurbishing it for
new residential use.
Mr. Marco Rubio: For the record, I'm Marco Rubio on behalf of Murray Diamond, 201 South
Biscayne Boulevard. The attorney who is handling this case...
Mr. Walter Foeman (City Clerk): Excuse me. I need to swear you in, please.
Mr. Rubio: I'm sorry.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Rubio: The attorney who is handling this case on behalf of Mr. Diamond is Mr. Al
Cardenas. Mr. Cardenas is on official government business up in Tallahassee, and his plane was
supposed to have arrived two and a half hours alto. It was delayed. He... I just spoke to him on
the phone a few moments ago. He anticipates being here sometime around four -forty-five to five
o'clock. I would ask only if we could delay it briefly and some of these other items... And this
is a related item. Seventeen and 18 are related, to do with the Mutiny property. If we could just
push that back slightly and allow him time to arrive, we'd greatly appreciate it.
Commissioner Plummer: Other than that, everything is...
Mayor CaroIlo: Madam attorney?
Ms. Lucia Dougherty: For the record, Lucia Dougherty, 1221 Brickell Avenue. I don't have a
problem with continuing it until four -forty-five. My only concern is, of course, losing
Commissioner Plummer sometime after that.
Commissioner Plummer: You might want to lose me.
Commissioner Gort: That's right.
Ms. Dougherty: No, I don't want to lose you.
Commissioner Gort: You might not want him here. Mr. Mayor?
Mayor Carollo: It's the first that I've heard of that. You know, I'm saying that there's a concern
about losing him.
Ms. Dougherty: Mr. Mayor, could I...
Commissioner Plummer: Did you sign your loyalty oath?
Ms. Dougherty: Mr. Mayor?
100 January 23, 1997
21
Mayor Carollo: Yes.
Ms. Dougherty: I have a citizen who would like to speak on this matter, but he cannot be here
later on. Can we just put his testimony on the record?
Mayor Carollo: We could hear him now, certainly. If you could swear him in, please, and then
state your name and address afterwards.
Mr. Foeman: Raise your right hand, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Lee Marks: My name is Lee Marks. I reside at 3091 Oak Avenue. I'm the Chairman of the
Planning and Zoning Committee with the Village Council. And I want you all to know I left my
office to come over here and speak to you. We had a meeting with the full Council. It was
deferred to our committee. That committee met again. We received presentations. We voted in
committee to support the folks at the Mutiny for what they are doing. Then we met in the full
Council. I will have to leave, but I could defer to Tucker, who probably will stay here. And we
passed a resolution of the Council towards the Mutiny's...
Commissioner Plummer: Who are you representing, sir?
=Mr. Marks: The Coconut Grove Village Council.
Commissioner Plummer: Oh. OK.
Mr. Marks: OK? I just wanted to let you know I'm here. Unfortunately, I have to leave, so I
can't stay. I want you to know that the Council has thrown their support behind the folks at the
Mutiny. Thank you.
Mr. Allen Sweeney: My name is Allen Sweeney. I reside at 2000 South Bayshore Drive.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Sweeney: I come before you as the President of the Coconut Grove Chamber of Commerce.
The developers of this project appeared before our hoard of directors at its inception, presented
their plans, and the board unanimously and enthusiastically endorsed the program for the long
awaited and very welcomed rejuvenation and restoration of the Mutiny. Thank you.
Commissioner Plummer: So, what do we need to do?
Commissioner Gort: I have a question of staff. If you recall, when we passed it on first reading,
there were certain questions that we requested to come back with. One, we didn't have a
specific answer, by doing this, allowing this, what would we allow the existing building to go up
to if an additional tower were to be built, or how many floors, and so on? You were going to
come back to us and tell us what was the square footage that was going to take place, and more
or less, how would this affect the original project.
Ms. Slazyk: All right. First of all, those were questions related to PZ-18, which is the
legislation. Seventeen is an appeal of the class two for the Mutiny, itself.
101 January 23, 1997
1
Commissioner Gort: Right.
Ms. Slazyk: Eighteen is that legislation. When we... I think they wanted a continuance on the
two of them, and 1 believe Jack Luft was going to present some information on that.
Ms. Dougherty: But we've also done a study on that.
Commissioner Gort: All right. Thank you.
----------------------------------------------------------------------------------------------------------------
39. SECOND READING ORDINANCE: AMEND CHAPTER 62, ARTICLE VI
"ZONING AND PLANNING FEES," OF CITY CODE, SECTION 62-62, --
CLARIFY APPEAL PROCEDURES PERTAINING TO DEADLINE FOR
PAYMENT OF APPEAL FEE. -- APPLICANT: CITY OF MIAMI,
COMMUNITY PLANNING & REVITALIZATION.
Commissioner Plummer: Let's go to 19. I move item 19.
Vice Mayor Regalado: OK.
Mayor Carollo: A motion on item 19. Is there a second?
Vice Mayor Regalado: Second.
Mayor Carollo: There's a second by Commissioner Regalado. Can you read the ordinance,
please?
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 62 IF THE CITY CODE, AS AMENDED,
ENTITLED: "ZONING AND PLANNING FEES," TO CLARIFY LANGUAGE
REGARDING FEE SUBMITTALS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of November 21, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Vice Mayor Regalado, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort {
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo E
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11438.
102 January 23, 1997
0
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. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, --
AMEND ARTICLE 9, SECTION 910, "UNITY OF TITLE" -- CLARIFY /
CORRECT CERTAIN PROVISIONS PERTAINING TO RELEASE
PROCEDURES. -- APPLICANT: CITY OF MIAMI COMMUNITY
i PLANNING & REVITALIZATION.
Mayor Carollo: PZ-20.
Commissioner Plummer: Move it.
Mayor Carollo: Moved.
Commissioner Hernandez: Second.
Mayor Carollo: Seconded by Commissioner Hernandez. Any further discussion? Hearing none,
read the ordinance, please. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING- THE ZONING ORDINANCE BY AMENDING
ARTICLE 9, SUBSECTION 910.5, TO MODIFY RELEASE PROCEDURES FOR
UNITY OF TITLE AGREEMENTS, 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 November 21, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Hernandez, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11439.
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.
103 January 23, 1997
----------------------------------------------------------------------------------------------------------------
41. SECOND READING ORDINANCE: AMEND CHAPTER 4 OF CODE,
ENTITLED "ALCOHOLIC BEVERAGES" -- AMEND DISTANCE
REQUIREMENTS WITHIN SD-8 DESIGN PLAZA COMMERCIAL -
RESIDENTIAL DISTRICT. -- LOCATION: SD-8 DESIGN PLAZA
COMMERCIAL -RESIDENTIAL DISTRICT -- APPLICANT: CITY OF MIAMI
COMMUNITY PLANNING & REVITALIZATION.
Mayor Carollo: PZ-21.
Commissioner Plummer: Where is the SD-8 District, primarily?
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): I have a transparency.
Commissioner Plummer: Tell me the general area.
Ms. Slazyk: The design district.
Commissioner Plummer: The design district?
Mayor Carollo: Yeah.
> -" Commissioner Plummer: And this is to allow... allow alcoholic, or deny?
Ms. Slazyk: To reduce the distance requirements between the establishments so that it can...
Commissioner Gort: To allow more. Move it.
Commissioner Plummer: Second.
Mayor Carollo: There's a motion and there's a second. Hearing no further discussion, call the
roll... rather, read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 4, ENTITLED:
"ALCOHOLIC BEVERAGES," BY AMENDING SECTION 4-10, RELATING TO
DISTANCE SEPARATION, BY MODIFYING THE DISTANCE SEPARATION
BETWEEN ESTABLISHMENTS FOR THE SD-8 DESIGN PLAZA COMMERCIAL -
RESIDENTIAL DISTRICT; FURTHER, UPDATING THE CENTRAL
COMMERCIAL DISTRICT DESIGNATION TO INCLUDE THE WORD
"BUSINESS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
104
January 23, 1997
passed on its first reading, by title, at the meeting of November 21, 1996, 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11440.
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.
----------------------------------------------------------------------------------------------------------------
42. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, --
AMEND ARTICLES 9 / 25 -- INTRODUCE NEW SECTION 916 INTERIM
PARKING -- ALLOW UNIMPROVED AND PARTIALLY IMPROVED LOTS
IN CITY -TO BE UTILIZED CONDITIONALLY FOR ACCESSORY
PARKING PURPOSES -- CODIFY APPLICABLE STANDARDS TO
REGULATE THEIR LOCATION AND MODE OF OPERATION -- AMEND
SECTION 2502 IN ORDER TO PROVIDE DEFINITION FOR "INTERIM
PARKING." -- APPLICANT: CITY OF MIAMI COMMUNITY PLANNING &
REVITALIZATION.
Mayor Carollo: PZ-22.
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. Read the ordinance. Call the roll.
105
January 23, 1997
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 9, SECTION 916, TO ADD A NEW SECTION ENTITLED: "INTERIM
PARKING," AND SECTION 2502, TO PROVIDE A DEFINITION FOR "INTERIM
PARKING"; 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 November 21, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Hernandez, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11441.
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. FIRST READING ORDINANCE: PROPOSAL TO AMEND ARTICLES 4, 9,
AND 25 OF ZONING ORDINANCE 11000, AS AMENDED -- INTRODUCE
NEW USE TO BE CALLED "PHARMACEUTICAL LABORATORIES" --
CODIFY APPLICABLE REGULATIONS FOR THEIR IMPLEMENTATION --
PROVIDE DEFINITION RESPECTIVELY -- APPLICANT: CITY OF MIAMI
COMMUNITY PLANNING & REVITALIZATION.
Mayor Carollo: PZ-23.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-23 is a first reading; ordinance for
pharmaceutical laboratories, to allow them to be located in C-1 districts by special exception. As
you recall, we brought this item here before. We ended up withdrawing it, because there was
certain language in the determination of use regarding the intent, which I think has clarified a lot
of questions for a lot of people. We added new Section 945.1 on page... handwritten page 9 in
your package. That goes on to explain the intent, and that this is only for healthy people or
clinically stable subpopulations of a particular representatives of subpopulations for which
medications will he tested, like diabetes or high blood pressure. It also goes on to be very clear
that this is not a treatment facility or diagnostic facility. This is simply to test the pharmaceutical
products. This was also recommended for approval by the Planning Advisory Board.
Commissioner Gort: Move it.
106 January 23, 1997
Commissioner Plummer: Second.
Mayor Carollo: Motion by Commissioner Gort. Second by Commissioner Plummer to approve.
If you could read the ordinance? Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTIONS 401 AND 2502, AND ADDING A NEW SECTION 945, INCLUSIVELY,
TO CODIFY NEW REGULATIONS PERTAINING TO "PHARMACEUTICAL
LABORATORIES"; CONTAINING A REPEALER PROVISION AND
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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read [lie 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 : PROPOSAL TO AMEND ORDINANCE
11000, -- AMEND ARTICLE 15, SECTION 1511, "CLASS II SPECIAL
PERMIT REQUIRED FOR ANY DEVELOPMENT BETWEEN BISCAYNE
BAY AND THE FIRST DEDICATED RIGHT-OF-WAY" TO INCLUDE
DEVELOPMENT BETWEEN MIAMI RIVER AND FIRST DEDICATED
RIGHT-OF-WAY UNDER SUCH SCOPE OF REVIEW -- APPLICANT: CITY
OF MIAMI COMMUNITY PLANNING & REVITALIZATION. {
Mayor Carollo: PZ-24.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-24 is a first reading ordinance to require
class II special permits for all development between Miami River and the first dedicated right-of-
way. This is something we already do for the bay, for all bayfront properties. This is to preserve
the views that the world gets of Miami from our waterfronts. It's been in place on the bayfront
for quite some time now, and it has helped us be able to send major projects... any project, if it
went through a design review process and then control the quality of our waterfront.
Commissioner Plummer: Move it.
Mayor Carollo: That's the view that Gene Stearns (phonetic) wants to take away with him, huh?
107 January 23, 1997
Commissioner Gort: First reading. Move it.
Commissioner Plummer: Push him in the water.
Mayor Carollo: Moved, second.
Commissioner Hernandez: Second.
Mayor Carollo: Read the ordinance, please. Call the roll, please.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 1511 ENTITLED: "CLASS II SPECIAL PERMIT REQUIRED FOR ANY
DEVELOPMENT BETWEEN BISCAYNE BAY AND THE FIRST DEDICATED
RIGHT-OF-WAY," TO INCLUDE PROPOSALS FOR DEVELOPMENT BETWEEN
THE MIAMI RIVER AND THE FIRST DEDICATED RIGHT-OF-WAY UNDER
SUCH SCOPE OF REVIEW; 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
,-.Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
----------------------------------------------------------------------------------------------------------------
45. FIRST READING ORDINANCE: PROPOSAL TO AMEND ORDINANCE
11000, -- AMEND ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS CBD CENTRAL BUSINESS DISTRICT, -- REVISE
EXISTING REGULATIONS FOR SIGNAGE AND OTHER
APPURTENANCES -- AMEND ARTICLE 25, SECTION 2502 SPECIFIC
DEFINITIONS, TO REVISE / CLARIFY EXISTING DEFINITIONS FOR
SIGNAGE -- APPLICANT: CITY OF MIAMI, COMMUNITY PLANNING &
REVITALIZATION
Mayor Carollo: PZ-25.
Commissioner Plummer: Move it.
Commissioner Gort: Move it... second.
108 January 23, 1997
Mayor Carollo: Read the ordinance. Call the roll, please.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, CBD CENTRAL
BUSINESS DISTRICT, TO REVISE EXISTING REGULATIONS FOR SIGNAGE
AND OTHER APPURTENANCES; FURTHER, AMENDING SECTION 2502 TO
REVISE AND CLARIFY EXISTING DEFINITIONS FOR SIGNAGE; CONTAINING
A REPEALER PROVISION, 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
----------------------------------------------------------------------------------------------------------------
46. FIRST READING ORDINANCE: PROPOSAL TO AMEND ORDINANCE
11000, ARTICLE 15, SECTION 1513 -- INTRODUCE NEW SECTION 1520
TO PROVIDE FOR CERTIFICATE OF COMPLIANCE, IN -LIEU -OF CLASS
II SPECIAL PERMIT. -- APPLICANT: CITY OF MIAMI, COMMUNITY
PLANNING & REVITALIZATION.
Mayor Carollo: PZ-26.
Commissioner Plummer: Move it.
Mayor Carollo: Moved. Second by Gort. Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 1513 AND INTRODUCING NEW SECTION 1520 TO PROVIDE FOR A
CERTIFICATE OF COMPLIANCE IN -LIEU -OF A CLASS II SPECIAL PERMIT
AND ESTABLISH CRITERIA AND STANDARDS THEREOF; PROVIDING FOR
APPEALS; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
i.
109 January 23, 1997
R
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wit -redo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
----------------------------------------------------------------------------------------------------------------
47. FIRST READING ORDINANCE: PROPOSAL TO AMEND CHAPTER 62, OF
CODE -- AMEND SECTION 62-61, SCHEDULE OF FEES, IN ORDER TO
INTRODUCE A FEE FOR CERTIFICATES OF COMPLIANCE IN -LIEU -OF
CLASS II SPECIAL PERMIT. -- APPLICANT: CITY OF MIAMI,
COMMUNITY PLANNING & REVITALIZATION.
Mayor Carollo: PZ-27.
Commissioner Plummer: Move it.
Mayor Carollo: Moved.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Read the ordinance.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 62-61 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "SCHEDULE OF FEES," TO
ESTABLISH APPLICABLE FEES FOR CERTIFICATES OF COMPLIANCE IN -
LIEU -OF CLASS II SPECIAL PERMITS; CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
110 January 23, 1997
f
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayer Tornas Regalado
Mayor Joe Carollo
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: PROPOSAL TO AMEND ORDINANCE
( 11000,-- AMEND ARTICLE 4, SECTION 401 "SCHEDULE OF DISTRICT
REGULATIONS" IN ORDER TO ALLOW "HEALTH SPAS OR STUDIOS"
AS A PERMITTED PRINCIPAL USE IN THE OFFICE ZONING DISTRICT
AMEND ARTICLE 25, SECTION 2502. "SPECIFIC DEFINITIONS" TO
CLARIFY DEFINITION FOR "HEALTH SPAS OR STUDIOS -- APPLICANT:
CITY OF MIAMI, COMMUNITY PLANNING & REVITALIZATION.
j---------------------------------------------------------------------------------------------------------------
Mayor Carollo: PZ-27.
Commissioner Plummer: Twenty-eight, isn't it?
Mr. Joel Maxwell (Deputy City Attorney): Twenty-eight.
Commissioner Plummer: Twenty-eight.
Mayor Carollo: Twenty-eight, PZ-28.
i
Commissioner Plummer: I have a question. We're not looking here at massage parlors, are we?
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): At what?
Commissioner Plummer: Massage parlors.
Ms. Slazyk: No, no.
Commissioner Plummer: That's what they call them. That ain't what happens, but that's what
they call them.
Ms. Slazyk: No. This is for health clubs, just like...
Commissioner Plummer: That's also what they call them.
111 January 23, 1997
Mayor Carollo: The Commissioner seems to have a lot of experience in this.
Commissioner Plummer: You're absolutely right. No one questioned my gender.
Mayor Carollo: Well, at least that's something they haven't questioned these days. Everything
else, they have.
Ms. Slazyk: I believe our adult section defines a massage parlor, and that's not what this is.
This is...
Commissioner Plummer: OK. Move it.
Ms. Slazyk: This has a different definition.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Mayor Carollo: It's been moved and seconded. Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
MIAMI BY AMENDING SECTION 401, "SCHEDULE OF DISTRICT
REGULATIONS," TO CODIFY A DETERMINATION OF USE NOT SPECIFIED
- ALLOWING "HEALTH SPA OR STUDIO" AS A PERMITTED PRINCIPAL USE IN
OFFICE -DISTRICTS; AND AMENDING SECTION 2502, TO CLARIFY THE
DEFINITION OF "HEALTH SPA OR STUDIO"; CONTAINING A REPEALER
PROVISION, 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
112
January 23, 1997
N
----------------------------------------------------------------------------------------------------------------
49. AUTHORIZE J DIRECT ADMINISTRATION TO SCHEDULE SECOND
READING OF AGENDA ITEMS PZ 23, 24, 25, 26, 27, 28, SPECIFIED
ABOVE, BEFORE 5:00 P.M.
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor, on items PZ-23 through 28, if you will,
we'd like to have you schedule those prior to five o'clock at the next reading? That requires a
four -fifths vote, as you have done in the past.
Mayor Carollo: Very good. We'll schedule them prior to five o'clock.
Mr. Maxwell: Prior to five o'clock.
Commissioner Plummer: That's fine. I'll move it.
Mayor Carollo: There's a motion.
Commissioner Gort: Which items?
Commissioner Plummer: Twenty-three to 28.
Mr. Maxwell: That's right. And there's another one that hasn't been read yet.
Commissioner Plummer: Let's just get out of here early.
Commissioner Gort: I thought we approved them already.
Commissioner Plummer: No, it's for second reading.
Mr. Maxwell: On second reading, they will he scheduled before five.
Commissioner Gort: Second it, OK.
Mayor Carollo: Moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-68
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO
SCHEDULE CONSIDERATION OF SECOND READING OF AGENDA ITEMS PZ-
23, PZ-24, PZ-25, PZ-26, PZ-27, AND PZ-28 BEFORE 5 P.M. AT A FUTURE
MEETING.
113
January 23, 1997
{ Upon being seconded by Commissioner Gprt, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
i
Commissioner Plummer: Let the record reflect that items PZ-18 through 28 were all
applications of the City of Miami, all approved by the Planning Department, and all approved by
the Planning and Zoning Board.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): Eighteen was tabled. Excuse me.
I
1 Commissioner Gort: You mean City of Miami?
Commissioner Plummer: Excuse me?
Commissioner Gort: Don't you mean the City of Miami?
Commissioner Plummer: What else did I say?
Commissioner Gort: "My-am-uh."
Commissioner Plummer: "My-am-uh."
Ms. SIazyk: Excluding 18. We haven't acted on that yet. That's one of them that was tabled.
Mayor Carollo: OK. PZ-2 and 3, we agreed to hold it after five. And is Mr. Cardenas on the
way?
Commissioner Plummer: Four -forty-five he said.
Mayor Carollo: Four forty-five. All right. So I guess that's the only thing we have left, then, on
the Planning and Zoning agenda.
Mr. Carlos Smith (Assistant City Manager): Two, three, and 17 and 18.
Commissioner Plummer: I think we ought to defer them both.
Mayor Carollo: Well what... It's three -forty. What I suggest is we reconvene at 4:30.
Commissioner Plummer: Well, Mr. Mayor, if I may, because I am going to have to leave
somewhere along the line. I would hope that we're going to talk about the Oversight Board and
what's going to happen, and I think we'd be...
Mayor Carollo: We are, Commissioner. That's what I was going to say, to reconvene at four -
thirty. We could do it earlier if you'd like.
114 January 23, 1997
6my_
Commissioner Plummer: Why don't we do it now?
Mayor Carollo: Well, it you want to do it now, we could do it now. I...
Commissioner Plummer: I'd like to do it just so that I make sure that I'm here.
Mayor Carollo: Well, why don't we do this. Why don't we just wait ten minutes and give time
to the Administration to bring everybody back down.
Commissioner Plummer: Fine,
Mayor Carollo: OK. We'll reconvene in about ten minutes.
Commissioner Plummer: Fine.
Mayor Carollo: "Mas o menos."
Commissioner Plummer: Yeah. "Tiempo latino."
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 3:41 P.M. AND RECONVENED AT 3:57 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING VICE MAYOR REGALADO, COMMISSIONER
HERNANDEZ AND COMMISSIONER GORT FOUND TO BE
PRESENT.
----------------------------------------------------------------------------------------------------------------
50. DISCUSSION REGARDING INTERLOCAL AGREEMENT WITH DADE
COUNTY -- STIPULATE DADE COUNTY HAS UNTIL APRIL 1, 1997 TO
NEGOTIATE SAID AGREEMENT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The Interlocal Agreement, they've refused, from what I understand, to
negotiate, and down the line, in six months or eight months, they're going to say, "Oh, it's not
our fault there's no arena. It's the City's fault." Now, I'm tired of waiting. Either they're going
to renegotiate with the City, they're going to buy the City out of the City's rights, but I don't
want to continue to see in the paper what the County is doing when they don't have any rights to
do on that piece of property as of today. Now, I think we need to give them a deadline. I think
we need to tell them, "Hey, guys, either fish or cut bait, and let's move on and do something,"
because I'm not going to sit here and six months dawn the road, have fingers pointed at me and
say, "City, you bad guys, you didn't do anything." I'm telling you, Mr. Manager, for one vote on
this Commission, go force the issue. And I don't know that anybody up here would be in
disagreement, but I tell you, for one vote, I'm tired of reading... And I'm not reading anything
about what they're doing with the City to bring about a successful conclusion on what's going to
happen on that property. As you know, Mr. Carollo and I have been appointed by this
Commission to serve on the Maritime Board, which has never had a meeting, doesn't have a
chairman, the fifth vote has not been selected, and yet, all of these plans are being made without
us. And it just so happens we own the property. And I'm saying, "Hey, County, wake up and
smell the roses, because if you don't, we're going to plant you with them. Take it from there."
115 January 23, 1997
.M�
NOTE FOR THE RECORD: Commission Gort enters the
Commission chamber at 4:00 p.m.
Mayor Carollo: Commissioner, neither you nor I, nor any other member of this Commission
were around here when a past Commission many, many years ago gave the Port of Miami away,
gave the airport away, and a few other choice properties away to Dade County. However, we are
here today, and the City of Miami still owns the only areas that the Port of Miami can expand to,
to be able to hold and bring in additional mega cruise liners. The Port of Miami of Dade County
has ten terminals. The City of -'Miami, on the FEC (Florida East Coast) Bicentennial property,
and on the south side of Watson Island has sufficient room for an additional seven terminals that
can increase the passenger capacity by approximately 70 percent of what is presently in the Port
of Miami. I am not about to do what a past Commission here did many years ago and let them
have those properties for next to nothing. My position is, Commissioner... and I'll tell you what
my last conversations were with Mayor Penelas. In a nutshell, it was basically what you said. I
let him know that we need to bring this to a head. Everything that I was being told before, that
we were going to negotiate, really hasn't happened. The Manager had one meeting with their
Manager. I made it clear to them, and so has the Manager, that I will not he willing to give that
property up for anything less than the assessed value, even if the assessed value, which is quite
different than the market value... The market value is somewhere between a hundred and fifty, a
hundred and seventy million dollars ($150,000,000- $170,000,000). The assessed value is about
a hundred and twenty-one million dollars ($121,000,000). Even at the assessed value, they do
not want to negotiate with us in good faith. Mr. Vidal, I ani told by our Manager, was saying
that he thought the property was worth even less than they have it assessed at. And it's clear to
me that they're looking at this Commission to maybe put behind the eight ball in the Oversight
Board. That... Members of the County Administration, you could be sure of, have called to
discuss that site with them. And as one member of this Commission, I will not vote for any lease
that will give this City anything less than the assessed value of that property by the County's
own property appraiser. And I believe that this Commission should not sell that property. We
should look for recurring revenue in a lease, a solid lease that can bring in a lot more than
anything that they have talked to us about in the past. And it should be a lease that's for
approximately one third of the time that they have been talking about. Ninety years, to me, is
like selling it. A real lease is 33 years, which is what they would need for the bonds that they
would have to sell for the port expansion or the arena.
NOTE FOR THE RECORD: Commissioner Hernandez enters the
Commission chamber at 4:03 p.m. Vice Mayor Regalado enters
the Commission Chamber at 4:05 p.m.
Commissioner Plummer: Would you he agreeable or my colleagues be agreeable... I'm willing
to say, "Hey, April fool, April 1, either negotiate, sit down in good faith and negotiate by April
the 1st, or let's start seeing what else we can do"? I mean, we've got to say "amen." This thing
has been dragging on for years, prior to any Oversight Board or any financial problems.
Mayor Carollo: Commissioner Plummer, if you would like to make a motion towards that
effect, I would be happy to vote for it.
Commissioner Plummer: I'd like to hear from my colleagues their thoughts. I mean, if they
have different thoughts or ideas, I'd like to hear them.
116 January 23, 1997
'i'A,
Commissioner Gort: I think time is of the essence, and we have to make decisions.
Commissioner Plummer: I agree. Humberto? April 1st, is that... Mr. Marquez, is April 1st a
reasonable time? That's better than 60 days.
Mr. Marquez: Yes, sir.
Commissioner Hernandez: I agree. I think that's more than reasonable.
Commissioner Plummer: OK. I'll make a motion that the County be so informed that they have
60 days in which to sit down and successfully negotiate with the Manager, or that the... This
Commission will then be in a position to do other than favor them from that time forward. I so
move.
Mayor Carollo: There's a motion. There's a second by Commissioner Hernandez. All in favor,
j signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It's unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-69
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PROPERTY TRANSACTION WITH METROPOLITAN DADE COUNTY FOR THE
j MARITIME PARK PROJECT BY APRIL 1, 1997; FURTHER DIRECTING THE CITY
MANAGER THAT IF SAID PROPERTY TRANSACTION CANNOT BE
SUCCESSFULLY RESOLVED TO THE SATISFACTION OF THE COMMISSION
OF THE CITY OF MIAMI AND THE METROPOLITAN DADE COUNTY BOARD
OF COUNTY COMMISSIONERS BY APRIL 1, 1997, THE CITY MANAGER SHALL
THEREAFTER EXPLORE ALTERNATIVE USES AND DEVELOPMENT OPTIONS
FOR SAID PROPERTY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
117 January 23, 1997
T1�smr..
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
51. (A) VICE MAYOR REGALADO COMMENTS ON COMMITTEE
ESTABLISHED BY METRO-DADE COUNTY TO EXPLORE
COUNTY'S ROLE SHOULD CITY BE ABOLISHED.
(B) COMMENTS BY COMMISSIONER PLUMMER REGARDING
VERIFICATION OF SIGNATURES ON PETITION TO ABOLISH
CITY.
Vice Mayor Regalado: Mr. Mayor, I'd like to remind you that the meeting of the committee that
was formed by Mayor Penelas; chaired by -.Commissioner Reboredo will be held at the County
Building on May 31st at three p.m.
Commissioner Plummer: The meeting for what?
Vice Mayor Regalado: Well, that's the committee that Mayor Penelas formed with several
members of the Commission to explore what would be the role of the County, in case of Miami
being abolished. However, the chairman of the committee believed that that committee is to
help the City of Miami. So as of now, they have had only one meeting, and the second will be
on May - I'm sorry - on January 31st.
Mayor Carollo: Do you know, Commissioner, if - the chairman of that committee, I know, has
asked quite a bit of information from the County Administration - if he's received any of it from
them?
Vice Mayor Regalado: No, he has not. I spoke to Commissioner Reboredo yesterday, and he
was having some difficulty in getting information from the County in regards to the different
scenarios that the County will have in case of Miami being abolished by a referendum. He said
that he will meet again with the County Attorney, and that he expected to have information for
the next meeting on the 31st. However, he asked us for any input, any information that the City
Manager or this Commission would he able to provide so they can better do their job. Because
the truth is that he is having some difficulty in getting all the information that they requested in
the first meeting of this committee, which I believe it was on the 23rd of December.
Commissioner Plummer: In that same vein, may I inquire of... I don't know of who, the City
Attorney, the Manager or the Clerk. We've been notified that the process of checking the ballots
has been verified. Now, my understanding, and correct me if I'm wrong, we have 120 days to
establish the question.
118 January 23, 1997
a
Mayor Carollo: Yes. And the City Attorney is working on that right now.
A. Quinn Jones, III, Esq. (City Attorney): That's 120 days to draft a resolution in the form to be
submitted to the electorate, which would put it at May 7, 1997. So it's 120 days from January
7th. It puts you at May 7th, by which... time by which you'd have to submit... that I'd have to
submit to you a resolution in the form that it's going to be submitted to the electorate. From that
point forward, then the Charter requires that the resolution be accepted by the Commission, not...
the earliest... not earlier than 60 days nor later than 120 days. So, you've read somewhere where
there's another 120 days that that provision kicks in. So, depending on where you establish that,
we basically determined that, based on the May 7th timetable, that would put us roughly about
September 4th? Roughly, at about September 4th, that you'd be looking at having an election.
Commissioner Plummer: OK.
Mr. Jones: Because there are... As I understand it right now, there are no County elections that
are scheduled this year, period. So we're looking at a stand-alone election.
Commissioner Plummer: OK.
Mayor Carollo: They're not going to pay for it. It's going to be the residents of Miami, because
they live somewhere else, not in the City of Miami.
Commissioner Plummer: Well, I think we all read with interest the poll done by the Herald,
which was the same thing. I mean, these people are out there to collect money. When they came
up to me at my precinct, not knowing who I was, they asked me did I want to cut my taxes in
- half. I said, "That's a damn fool question." Of course, I knew what they were looking for. But
they were getting 75 cents a signature. They brought in this hot shot company from California.
And I've got to believe, from everything that I've heard and everything that's been said to me,
the vote will be about the same.
Mr. Jones: Yeah.
CommiSS U:it:r Plurr_mer: Eighty percent with keeping Miami, and 20 percent to abolish. And
that 20 percent, we know what their special interest is.
Mr. Jones: Commissioner, one thing to point out that I indicated to you about the May 7th date.
Obviously, the timetable will change, depending on when you accept the resolution to... that
would contain the language to submit to the language... I mean to submit to the electorate. So...
Commissioner Plummer: I think high noon on May the 7th is fine.
Mayor Carollo: Excuse me?
Commissioner Plummer: High noon on May the 7th is fine.
Mayor Carollo
move along.
Well, we need it before that, obviously, but we'll deal with that later, as you
119
January 23, 1997
---------------------------------------------------------------------------------------------------------------
52. VICE MAYOR COMMENTS ON DEFEAT OF CITY'S PROPOSAL TO
PROVIDE FIRE SERVICES TO PORT OF MIAMI -- MAYOR CAROLLO
DIRECTS ADMINISTRATION TO SEND LETTER TO DADE COUNTY
REQUESTING THEIR PLAN FOR FIRE PROTECTION AT PORT.
Mayor Carollo: Commissioner.
Vice Mayor Regalado: Mr. Mayor, if I may. Another issue that is related to the recovery plan.
Attorney Bob Godoy, who is the chairman of the prior Rescue Board of Dade County presented
a resolution to his Board the day before yesterday, in order to have the City of Miami Fire
Department service the Port of Miami. That proposal was defeated by the Board after a personal
appearance by County Manager Armando Vidal and also by the leaders of the union. And my
understanding is that the Manager said that there was quite a problem in that transfer, because
the County is already building some facility in the Port of Miami for the Fire Department of
Dade County. So...
Mayor Carollo: Well, that's not so, Commissioner. I haven't seen anything advertised, anything
approved. The problem that we're looking at there is they really don't care about saving any
money or having the City be able to earn some additional revenue and provide better service than
they can in those properties. They just don't want to give anything to the City of Miami.
They're spending a million and a half dollars a year in providing fire services to the Port of
Miami, and seven hundred and fifty thousand to Unincorporated Key Biscayne, for a total of two
million two hundred and fifty thousand dollars ($2.,250,000). We can provide it for them for
about a million, a million two hundred and fifty thousand, where they can save approximately a
million dollars ($1,000,000), and we could make a million two hundred and fifty thousand.
They would not be laying off anybody whatsoever. We're closer, so that we could provide better
services. And at the same time, we could save them at least two million dollars ($2,000,000) in
the building of any new facilities at the port. And to show you just how inaccurate that has to be,
in the old plan, they were committed to giving the City of Miami two million dollars
($2,000,000) to build a new fire station in the FEC (Florida East Coast) property. So why in the
world would Dade County also he building a facility at the Port of Miami for fire fighting? So...
Commissioner Plummer: Well, I'll tell you what the problem is. That's one of the things with
mutual aid. They'll put one fire truck over there, fully understanding, under mutual aid, if they
call upon the City of Miami, we are committed to send every piece of equipment over there
needed to fight their fire. And that's where it's a disadvantage of mutual aid. The worst part
about it, if you'll remember the major fire they had there before, none of the hoses or the
connections were compatible, yet, we got blamed.
Commissioner Gort: Let's move on.
Mayor Carollo: Well, maybe what we need to do is to send them a formal letter. Then they
could put it in the appropriate place that they would like to, if they'd like. But at least it's on the
record. You know, we hear so much about tough decisions, having courage. Well, here is a
situation that both the City and the County can save a significant amount of dollars.
Commissioner Plummer: I just wanted a point of clarification. Mr. Manager, the only thing that
we're talking about at this present time with the County for the port expansion is the FEC tract;
is that correct?
120 January 23, 1997
W
Mayor Carollo: FEC, Bicentennial, both.
Commissioner Plummer: Oh, both tracts, OK. I just wanted a clarification.
----------------------------------------------------------------------------------------------------------------
53. (A)
AGREE THAT MAYOR OF CITY WILL REPRESENT
COMMISSION DURING DISCUSSIONS OF STATE EMERGENCY
OVERSIGHT BOARD IN CONNECTION WITH RECOVERY
PLAN -- FURTHER, THAT CITY COMMISSIONERS SHOULD BE
PRESENT DURING SAID DELIBERATIONS.
(B)
COMMISSIONER PLUMMER SEEKS CLARIFICATION FROM
ADMINISTRATION ON STATUS OF SALE OF MIAMI SPRINGS
GOLF COURSE.
(C)
AUTHORIZE / DIRECT CITY MANAGER TO RESUBMIT TO
STATE OVERSIGHT BOARD TOP HALF OF MANAGER'S
RESUBMISSION OF '97 PLAN CONCERNING POSSIBLE
REPLACEMENT ITEMS FOR $10,050,000; -- FURTHER THAT
CITY OFFERS $6,875,000 AS RESERVE ACCOUNT AS SOON AS
OVERSIGHT APPROVES CITY'S RECOVERY '97 PLAN --
FURTHER THAT CITY COMMITS TO ADD REMAINING 2.5.% OF
ITS BUDGET IN REMAINING TIME OF FIVE YEAR PLAN.
-----------------------------------------------------------
----------------------------------------------------
.Comm-issioner Plummer: Are we going to do the Oversight?
Mayor Carollo: We're ready.
Mr. Edward Marquez (City Manager): Mr. Mayor and Commissioners, as you know that on
January 15, 1997, the state... the Emergency Financial Oversight Board rejected our plan,
pursuant to the Intergovernmental Cooperation Agreement between the City and the State. And
so, rejecting the plan, they praised aspects of it that... you know, that 85 percent of the plan was
good, and they questioned 15 percent of the plan. Now, the 15 percent of the plan equated to
nine point eight million dollars of items that were disallowed. They've asked for replacement
for these items. They have also, on top of the replacement of items within the 1997 plan, there's
mandated that we go ahead and provide to them as part of our response back to them a
contingency fund in the amount of 20 percent of the 1998 plan or thirteen point six million
dollars ($9,800,000). Now, what 1 have before you is a chart that shows... Reading off the top
of the chart here, it shows the disallowed elements of the plan, the nine point eight million
dollars. Then I list possible items that can be used to make up for the things that were
disallowed. The very first item here is the pending realization of the Law Enforcement Block
Grant. This happened to be one of the items that was disallowed, which we have now received
verbal commitments, and we hope to have it in writing by tomorrow, that this block grant is
good, it's going to be receivable in this fiscal year, and therefore, we feel very comfortable in
counting this towards the nine point eight million dollars ($9,800,000). 'Then, we go into land
sales on some of our holdings. Bobby Maduro Stadium, which is zoned
governmental/institutional, is assessed at one point six -four -two. All these numbers are assessed
values unless I otherwise note it as such... assessed on the tax rolls. So they're understated from
what we think is fair market value. But it's the only... since we don't have appraisals on hand, it
is...
Commissioner Plummer: If they're tax-exempt, they have an assessment on them?
121 January 23, 1997
UNT
Mr. Marquez: Well, it's what's on the tax roll as the assessed value.
Commissioner Plummer: In other words, even if they're tax-exempt, they're on the tax rolls...
Mayor Carollo: Yes, sir. Yes, sir. Yes, sir.
Mr. Marquez: They're not only on the tax roll, but often times, those assessed values are very
old in nature, because the property appraisal will...
Mayor Carollo: Yeah.
Commissioner Plummer: It's running 66 to 68 percent.
Mr. Marquez: It can be anywhere in that range, up to as high as 80 percent. But it's just for...
Mayor Carollo: Well, frankly, some are even way below that, Commissioner, and you can see
by the numbers that we have before, some of the properties that we own, that some are
ridiculously low, and the reason being is because they are tax-exempt. They don't pay taxes.
They really haven't cared about giving them the real value on the properties.
Mr. Marquez: I'll go ahead and list the number of items now. The only item in that section
that's not a potential land sale is the leasing of the Firehouse Four. This is the minimum amount
that was offered by the successful respondent, that we're in the process of negotiating now. And
that up front lease payment is a minimum amount. So we plan on improving that. So I come out
to a total of ten million fifty thousand dollars ($10,050,000) as possible items to substitute for the
nine point eight nine six that they had ruled to be disallowed. And to address the 20 percent
contingency issue, I left a number of other land sales as shown there. And to give you an idea of
how obscenely low these numbers are in the assessed value, the number that shows for the
Miami Springs Golf Course is at two point one million dollars. That equates to twenty-six cents
a square foot, which is a ridiculously low price for that. But again, this is tax-exempt dollars...
property that hasn't been reassessed in a number of years. This 20 percent contingency reserve,
as I stated to the Oversight Committee, really serves... in my opinion, no practical reason for
them doing this to us. Between now and April the 15th, we're going to be working on a five-
year plan. Between now and one month from now, the State is reviewing with its consultants all
our revenue and expense projections, which we'll need to update the 1997 plan. So, from my
personal and professional opinion, this was not a... there was no business reason for doing this.
But they ruled it as a requirement, and as such, I feel that we have to comply. The items listed
here, again, are tremendously...
Mayor Carollo: I missed out on something, Mr. Manager. Your last statements were?
Mr. Marquez: My last statement is that they, in rejecting our plan, they stated a number of
reasons that... why they rejected it. And they issued the... issues that they want us to address.
And I believe that in order to get them to accept the plan, we would have to address those issues.
Mayor Carollo: OK. Well, we appreciate your hard work in that, but at that point, I'd like to
have the City Attorney give me a legal opinion on the 20 percent contingency reserve request
that was asked of us. Mr. City Attorney, in the contract that we signed with the State, on this
fiscal year, are...
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, in agreeing, the...
Commissioner Plummer: Interlocal.
122 January 23, 1997
Va
Mr. Jones: The Agreement, the Intergovernmental Cooperation Agreement, it seems specifically
clear to me that insofar as the 1997 plan, the only requirement there is for a reduction of the
sixty-eight million deficit by the use... utilization of recurring expense reductions, or recurring
revenues. There is no mention of a requirement for a cash or fund reserve.
Mayor Carollo: So, that is your...
Mr. Jones: And simply put, there is no... There is no requirement for a fund or cash reserve for
the 1997 plan, which encompasses the '96/'97 fiscal year.
Mayor Carollo: So, that's your legal opinion to us, that in the contract that we entered with the
State, the requirement is only that we have to come up with the sixty-eight million dollar
($68,000,000) amount, either in new revenues or reductions within the budget.
Mr. Jones: That's correct.
Commissioner Piummer: I don't see... Joe what's the problem? I mean, he's come up here,
showing a buffer of sixteen million, when thirteen was asked for.
Mayor Carollo: J.L., let me tell you what the problem is. What the problem is, is that we cannot
have the City of Miami be in a situation that what is going to he reported, time and time again, is
that we're having some kind of a fire sale in all our properties, in all our leases. This is the kind
of image, the kind of perception that we have to put a stop to. Now, let's take... There are two
parts in this that I'd like to discuss, because one part of it, we have to abide by, and I don't see
no problem in doing that. The other part, as I understand it, it was really a suggestion from the
-' Oversight Board. And this is not about them trying to rub our faces in the dirt, or us saying,
"You can't do it, and we're not going to let you." We need to work together. We need to make
sure that we are going to do what is best for Miami. When I met yesterday with the Lieutenant
Governor in Tallahassee, we went over this. And I'm going to bring up shortly some ideas of
what we discussed that could be a way of going about this in partnership, like we have started.
But in saying that, let me say the following, and this is something the Lieutenant Governor
pointed out to me. And I thought it was fair for him to describe it in this manner. The 20
percent of the sixty-eight million dollars ($68,000,000) reserve that they're asking, the 20
percent of our sixty-eight million dollar ($68,000,000) deficit that we had amounts to
approximately five percent of the... of a reserve of our total budget, of two hundred and seventy-
five million dollars ($275,000,000). That's another way that we can look at it that doesn't look
as harsh as 20 percent and then sixty-eight million. And I accept that, that we could look at it in
that way, also, and it's a fair way of looking at it. However, the State of Florida, itself, it's
taking them a long time to implement the bulk of that goal. I was surprised when I was in
Tallahassee yesterday to have been told that only next year is the State of Florida going to be
putting four percent reserve of their total budget. They're not even there now, I was told, and
this was by a key individual, in one of their key auditing committees. So apparently, they're not
even at the five percent. We should be at five percent, at least, of our overall budget. That
makes good business sense. The City always should have had at least five percent or more. But
the State didn't get to their reserves overnight. And we need some time to be able to do it the
right way, where we can get the most on some potential leases that we're in the midst of now in
negotiating, and at the same time, some properties that, regardless of whether we would be in
this financial crisis or not, this City would have been looking to have sold anyway, and we
should sell. Because the Miami Springs Golf Course is outside of the City limits, it doesn't
provide any services to our residents, and those are the kind of properties that we should be
selling . We have others that we should be putting... so that we could he receiving yearly
recurring revenue from property taxes. Having said that, this is what I would like to suggest to
the Commission to do. First of all, I think that if, out of sixty-eight million dollars
123 January 23, 1997
&:
($68,000,000), the sixty-eight million dollar ($68,000,000) budget that we presented to the State,
they only questioned 15 percent of that budget that we presented them, nine point nine million
dollars ($9,900,000). I think that they were telling us that we did a fine job in getting it to that
point. And it's obvious... It's obviously normal that different people are going to have
differences of opinion, when you have so much money, sixty-eight million dollars
($68,000,000), of how much of it is actually going to be coming through, and how much of it
might fall through the cracks, or won't reach the City's coffers in this fiscal year. And out of
that nine point nine, we have been able to confirm, and as the Police Chief told me, by
tomorrow, we should have something in writing, that... to the effect that three million of it in
Law Enforcement Block Grant will be verified. So, now, we're down from nine point nine that
they were requesting to six point nine. So six point nine is about ten percent of the sixty-eight
million dollars ($68,000,000) that we presented to them. That's pretty good. i mean, this
Commission worked awfully hard. And I don't think that there could have been anyone from the
outside that could have come to our City and have found the areas where they could have cut,
and have found the new revenues, like we did, to he able to get out of this deficit in this same
year. You know, you hear about New York's financial problems, Philadelphia, recently. The
Mayor was here. Chicago, they had theirs, and other cities. But none of these cities had the
same big percentage of a plug that they had to seal, as we had in Miami. Philadelphia, in their
financial crisis, only had to find eight percent of a deficit in their total budget. Our sixty-eight
million represents 25 percent of our total budget of two hundred and seventy-five million. And
then if we're going to put an additional five percent on top of that in a reserve, now, we're
looking at 30 percent. So, we have to look at it in the perspective of doing what is financially
sound and reasonable. And at the same time that we're taking steps that have to he financially
sound, we can't place ourselves in the position of not being able to negotiate our leases, our
lands that, as I mentioned, we might want to sell, from a point of weakness, that anyone who's
going to deal with us is going to dealing thinking, "Fire sale, fire lease." Because in the short -
run and the long -run, the City of Miami will lose -dearly if we would do that. What I discussed
with the Governor, is a possibility that I think can make everybody happy, a proposal that is
reasonable, and that I think everybody comes out winners, is the following: We give them the
additional guarantees that they need on the nine point nine. Three million of it, of course, we're
going to verify for them, so that we'll be down to six point nine. Out of the six point nine that's
left, the Off -Street Parking Authority, through negotiations that they have had with the City,
expressed to us that there's two properties, maybe three, that will come to four to five million
dollars ($4,000,000 to $5,000,000) in cost that they want to buy from the City of Miami. And
these were some parcels that we have no pressing use for right now. So we can immediately
have four to five million dollars ($4,000,000 to $5,000,000) to close the gap on this six point
nine. And then, of course, the Manager has shown a variety of other smaller properties that we
can pick and choose from to raise the additional dollars, including a lease on a City restaurant
that we're negotiating to close on. On the contingency fund, what I discussed with the
Lieutenant Governor was that the Oversight Board and the City both know that we're going to be
entering into some major leases that are going to bring the City some serious recurring revenues,
and that we're going to be selling some properties that are going to be bringing the City some
serious dollars. The reason that I never wanted to show any of those in our sixty-eight million
dollar ($68,000,000) proposal to the State was for the reasons that I stated before. And at the
same time, that I was looking towards the same thought that they have expressed, of saving that
for a future reserve. But what would be reasonable, in my estimation, that this Commission can
volunteer to do - it's not in the contract, but we want to do what's right for the City, we want to
take the proper financial steps - is to go with two and a half percent of a reserve for the next 12
months. In other words, we have 12 months to come up with a two and a half percent reserve,
out of whatever properties we lease or decide to sell. We might end up in... with leases that are
going to bring a lot more than seven million dollars ($7,000,000). It's very possible that that
would happen. It's very possible that we're going to be selling a combination of properties that
are going to be bringing a lot more than seven million dollars ($7,000,000) to the City of Miami.
But the proposal that I made was that we would consider giving two and a half percent of our
124 January 23, 1997
14A,A.
overall budget as a reserve within the next 12 months, ending in January of '98. That comes to
six million eight hundred and seventy-five thousand dollars ($6,875,000), to be exact. And then
in the remaining time of the five-year plan that we have, we would come up with the other
additional two and a half percent of a reserve. If we come up with the full five percent
beforehand, before maybe even the State might do theirs, hey, that's great. So that's the... in
essence, the discussion that I had with the Lieutenant Governor, that for the first six point nine
million, we show exactly where we're going to get the money from. For the reserve, the two and
a half percent of our total budget, or if you want to look at it in another way, ten percent of the
sixty-eight million dollar ($68,000,000) deficit that we had, for that, we're not going to pinpoint
any particular properties or leases. They know we're good for it. We've got 12 months. And by
the end of the 12 months, we will have that reserve in hand.
Commissioner Plummer: For the life of me, I have a... not a disagreement, but I have a
misunderstanding. I don't see, on the possible contingencies, that it's from a point of weakness,
because, let me tell you, as we go over these numbers, I would say that there is absolutely no less
than we would accept. No less. My main concern is... has been all the way along, what happens
if they turn another plan down, Mr. City Attorney?
Mayor Carollo: Commissioner, if I could say the following before he can answer you. The City
Attorney clearly stated that the only obligation that we have is for the sixty-eight million dollars
($68,000,000), not the reserve.
Commissioner Plummer: I heard him very clearly. My question is, if, in fact, they turn this plan
down, where are we?
Mr. Jones: Go back to the drawing board.
Commissioner Plummer: OK. We have time to go back to the drawing board, or do they take
over and they start drawing?
Mr. Jones: I don't think so.
Commissioner Plummer: Well, you don't think so? I'm asking the question.
Mayor Carollo: Hold on. Mr. City Attorney.
Mr. Jones: Yes.
Mayor Carollo: If they are going to turn a plan down, based on a reserve, then they would be in
breach of the contract that they signed with us.
Mr. Jones: That's correct. That's correct.
Mayor Carollo: Now, I really don't want to get into that, J.L., because we're working... We're
really working in the spirit of cooperation of the partnership. And I am sure that that would not
happen, because we're showing good faith in this proposal.
Commissioner Plummer: OK. Again, this plan... Let's say that we're going to do the top half.
OK? This has to be presented to them by the 25th?
Mr. Marquez: Yes, sir.
Commissioner Plummer: OK. If, in fact, for whatever reason, breach of contract or whatever,
they turn it down, does it come back to this board, or do they then take over, and they do their
own plan?
125 January 23, 1997
Mayor Carollo: No, sir.
Mr. Jones: There's nothing in there to...
Commissioner Plummer: I'm asking; the question.
Mr. Marquez: They have to have... We have to collectively have a plan accepted by the SFOB
(State of Florida Oversight Board), by the State Oversight Board by February the 1st, or else we
do not have the authority, under governmental... under the Governor's executive order to expend
any cash beyond that date.
Commissioner Plummer: OK. So, in other words, you're talking about from this day forward.
February the 1st is a Saturday. You're talking about nine days, correct?
Mr. Marquez: Yes, sir.
Commissioner Plummer: OK. Now, when are they going... They're going to have this
tomorrow.
Mayor Carollo: They meet on the 27th, Commissioner.
Commissioner Plummer: The 25th... They're going to meet on the 27th.
Mayor Carollo: That's correct.
Commissioner Plummer:- OK.- Walk me through, if they turn it down. Do we have another bite
at the apple?
Mr. Jones: That's not clear from the agreement.
Mayor Carollo: We could, Commissioner, yes.
Commissioner Plummer: But Joe...
Mayor Carollo: But frankly, if we provide the ample guarantees, more than the nine point nine,
which, as we discussed now, is going to be six point nine that they asked for, on the amounts that
under the contract they could ask for...
Commissioner Plummer: There's no question on that. There's no question on that.
Mayor Carollo: If we're providing that, then we're going to find the dollars and that source...
I� Commissioner Plummer: I just want... I'll vote for what you spoke of, with the assumption that
f if they turn it down, that we will have another bite. If that is not said to me, that we don't, and
j that if they turn it down, they take over...
t
r
Mayor Carollo: They cannot take over in that sense, Commissioner.
Commissioner Plummer: ... then I got to vote differently.
Mayor Carollo: If it's turned down for those reasons, I will assure you that we will have ample
rights to get satisfaction through the courts. But, you know, we're talking about things that are
not going to happen, J.L.
126 January 23, 1997
r.,
Commissioner Plummer: Joe, I didn't think they'd ever come back and ask for 20 percent, but
they did. OK? And if you want my opinion, do I think it's unreasonable? The answer is yes. I
think that this City has gone to the "inth degree" in presenting a plan that met the recovery of the
deficit. And yet, they didn't look at it that way. And that's what scares me. They came hack
and wanted the "iffies"... OK, that's understandable. Those are now resolved. But even with
the "iffies," they wanted a 20 percent. Now, all I'm saying, again, is if we have the right, if they
turn it down, to come hack before February the 1st, and present another plan that we devise, I'll
vote for it. If they don't... If we don't have that option, then I got to look at it the other way.
Mr. Jones: Commissioner, according to the agreement, if, by February 1st, the plan that's being
submitted is not acceptable, it says that the City shall be prohibited from spending any funds if it
is not operating in accordance with the budget approved by the Oversight Board.
Commissioner Plummer: And that's disastrous. OK? Now, if they're going to meet on the
27th, do I reasonably assume that they will be making a decision within two or three days after
that? Is that a reasonable assumption? You see, Ed, one of the problems that I have, and I
continuously have, we're not meeting with these people. If we're entering into a partnership, it
would seem like to me that all parties ought to be sitting at the table, and not going back and
forth, "Do you want this?" or "You don't want that?" or "You want this," or "You don't." Why
haven't we, we the City Commission, those responsible for voting, been invited to sit with these
people? I'd like to look them straight in the eye and say, "You, know, what? Why? What's
acceptable? What's not?"
Mayor Carollo: Well, Commissioner, let me answer you why this has happened.
-. Commissioner Plummer: Yeah.
Mayor Carollo: Because, apparently, staff from their side felt that the elected officials here,
apparently, didn't count, and that they would more easily manipulate our staff in getting to
where they wanted to go. And this is why we're discussing many things here in public that,
frankly, should not have been discussed in public, and should have been taken care of befog 't
ever came before the Oversight Board. And everyone should have had a clear understanding,
and everyone should have come out a winner on it, with nobody being embarrassed.
Commissioner Plummer: Well, I agree with you. And here again, I merely state... And
somebody's got to tell me yes or no, and my vote will depend upon it. If, in fact, it is turned
down by the Oversight Board, we have the right to come back again prior to February 1, then I
vote as the Mayor has recommended. If we don't, then I've got to vote for the other way around.
Commissioner Gort: J.L.
Commissioner Plummer: I mean, I don't see where our alternatives are.
Commissioner Gort: Well, my understanding is that we have to come up with a plan by
February the 1st. If they, by any chance, reject it on the 27th, I think we have a chance to come
back with another one before the...
Commissioner Plummer: If we do, that's fine.
Mr. Jones: Yeah. There's language in there that says that the Commission shall meet as
diligently and as many times as necessary before that time to come back with a budget that's
approved.
127 January 23, 1997
Mayor Carollo: As needed, that's correct.
Commissioner Plummer: Then I have no problem. OK?
Commissioner Gort: Let me ask... I had a conversation with some of the board members there.
I don't believe every one of them felt very strongly about the 20 percent reserve, especially those
that have a little understanding of the public sector. My understanding is, J.L., we have the
Stierheim plan, which is very good. You, in the corporate world, sit down and you make
decisions and say, "This is where I'm going to make my cuts in order to meet my budget," and
you don't have to look at any other things. Unfortunately, we, when we cut budgets, we also
have to be... What's going to be the results of the implementation of those cuts? By we cutting
the service or by increasing the service or doing something, what's going to he the social
economic standard that's going to prevail there? How is it going to affect our community? How
is it going to affect the people? And if that action will bring a reaction that's going to cost more
in the long term? Those are the decisions that I base myself that we have to take. And I think
that... I've sat with them, and I think we should be understanding... I was under the impression
that we were not allowed to go there. My understanding is we are allowed...
Commissioner Plummer: Why?
Commissioner Gort: Well, that was my interpretation. My understanding is we can go to the
meetings. As a matter of fact, I think Ed, on our staff, should have someone supportive there. I
think our Mayor should be there, should be part of the meetings, and we, the ones that can go,
we should go there and talk to those individuals and tell them what our problem is. Because a lot
of times, it's a lot easier taking the decision... taking the book and say, "Let's cut here, here and
there," without seeing the effect that it's going to take in the community.
Commissioner Plummer: Yeah, but you see...
Commissioner Gort: So, I think we have to go there and explain to them, "You want us to do
this, but you have to understand that if we take this action, the effects of this action could be a lot
worse economically, especially for the City."
Commissioner Plummer: But Willy, my point that I'm trying to make, if we were sitting here,
eyeball to eyeball, today, we could say to them, "We're not going to put the 20 percent
contingency in there." And they could say, "Well, OK. We would have liked to have seen it, but
we understand the problem," or, "No, it's that or nothing," sitting eyeball to eyeball. This idea of
going back and forth, back and forth, it's crazy.
Commissioner Gort: J.L., I agree with you, and I think both the State and the City, we're going
to work together, and this is the time to do it.
Commissioner Plummer: The only way that I know how to do it - I'm old fashioned, I guess - is
everybody sit down at the table. OK?
Commissioner Gort: I agree with you. But we cannot all be talking at the same time, and I
think our Mayor, as the elected official, as the Mayor, should be representing us in those
meetings.
Commissioner Plummer: Fine.
Commissioner Gort: And we should be there, also. Because I intend to be in every meeting, if I
have the time to do so.
128
January 23, 1997
Commissioner Plummer: What time is their meeting on Monday?
Mr. Marquez: It's scheduled for eleven o'clock on Monday.
i Commissioner Plummer: At the MRC (Miami Riverside Center)?
Mr. Marquez: I believe it's going to be at the... on Flagler Street.
Commissioner Gort: If my colleagues are in accordance, then I'll make a motion that we have
the Mayor represent us in...
I
Vice Mayor Regalado: Yeah, I second. You're making a motion that the Mayor will be...
i
Commissioner Gort: ... our representative there, and we should... If we have the time, we
should also be there.
Commissioner Plummer: Absolutely.
Commissioner Gort: But I think the Administration needs to have the hacking of this elected
body being there, just to say, "Yes, we support this."
Commissioner Plummer: I don't think we need that in the form of a motion, but if it is, vote on
it.
Mayor Carollo: Yeah. The...
Commissioner Plummer: I want to -put one thing on the record. --Are you going to... You've
made a motion?
Mayor Carollo: Is that an official motion, Commissioner?
Commissioner Gort: Yes, sir.
Vice Mayor Regalado: Yes. I second. I second it.
Commissioner Plummer: All in favor...
Mayor Carollo: OK. Can you call the roil, please?
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-70
A MOTION STATING THAT THE MAYOR OF THE CITY OF MIAMI SHALL
REPRESENT THE COMMISSION DURING DISCUSSIONS OF THE STATE OF
FLORIDA EMERGENCY FINANCIAL OVERSIGHT BOARD IN CONNECTION
WITH THE CITY OF MIAMI'S FINANCIAL RECOVERY PLAN; FURTHER
STATING THAT THE CITY COMMISSIONERS SHOULD, IF THEY HAVE THE
TIME, ALSO BE PRESENT DURING SAID BOARD'S DELIBERATIONS.
129
January 23, 1997
Eti�
W
Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm going to vote yes, and I didn't want the Mayor to have us say no,
so go ahead.
NOTE FOR THE RECORD: Commissioner Gort exits the
Commission chamber at 4:48 p.m. and returns to the Commission
chamber at 4:49 p.m.
Commissioner Plummer: Mr. Marquez, I hope that there is a full understanding between you
and the members of this Commission. I read about a proposal for the Springs Golf Course in the
paper. I don't know if that was given to the paper by you, or whether it was by the proposer.
But I said to you, sir, the day you took that office that the one thing I didn't like in sitting in this
chair is to read about my City in the paper. And all I'm going to say again is, how that got in the
paper... And you and I talked about it yesterday, I think it was. OK? Where it was in the paper
two days prior. I think this Commission has got to know about these proposals. And I
understand your conversation with me about that proposal, and I concur with you. But I've got
to say to you again, when these things come forward, before you or your staff go spend an awful
lot of time, I think you need to come talk to these Commissions, and you might not have to
spend any time at all, because if enough of us tell you, "Don't waste your time," don't waste
your time. Now, I want to dispel one other rumor, and I'm going to ask you, point blank.
Mayor Carollo: Commissioner, if I may, before you get into the rumor.
Commissioner Plummer: Sure.
Mayor Carollo: On the question of the Miami Springs Golf Course and the proposal that was
made, that we all read about it in the paper.
Commissioner Plummer: Right.
Mayor Carollo: Before it came in the paper, before the Manager was given the proposal, the
proponent of that proposal got it to the media, and it was on TV beforehand. So, that's my
understanding of where it came from.
Commissioner Plummer: OK. Mr. Manager, do you have any knowledge, whatsoever, of an
ongoing... either negotiation or potential sale, lease, or otherwise of the Miami Springs...
Miami... Melreese Golf Course?
130 January 23, 1997
11
W
Mr. Marquez: No, sir.
N
Commissioner Plummer: To your knowledge, there is no active negotiations in reference to the
Melreese Golf Course?
Mr. Marquez: No, sir.
Mayor Carollo: To sell, or lease, or what?
Commissioner Plummer: The rumor said that it was a done deal with the County. And that's
why I just wanted to make sure that I put that rumor to bed, that there is, to my knowledge, no
negotiations of any kind. OK?
i Mayor Carollo: Not from the City's side. Now, we can't discuss what the management people
might be doing.
Commissioner Plummer: Well, they can't... Excuse me. The County can negotiate only with
1 one person, and that's us. So that's why I asked the question.
Mayor Carollo: Well, no, no. Remember, Commissioner, we gave a management contract there
so...
Commissioner Plummer: They...
Mayor Carollo: They could do other things.
Commissioner Plummer: Not without us. Not without us.
Mr. Marquez: Mr. Mayor and Commissioner Plummer, in regards to the Melreese Golf Course,
I was specifically asked that... That was an item that the County desired to talk about, and I
specifically said that item was completely off the table.
Commissioner Plummer: OK. I just... Hey, dispel it so that the people of that neighborhood...
Because I remember what happened before. They came out here with tomahawks in hand and
they expected to go home with scalps.
Mayor Carollo: Well, I'm going to give the gavel to the Vice Mayor, and I'm going to make a
motion that this Commission gives to the Oversight Board the upper part...
Commissioner Plummer: The top half.
Mayor Carollo: Yeah, the top half of the Manager's possible replacement items, as we all had
before us. It comes to ten million fifty thousand. It's nine point nine that they were asking, but
again, these are assessed values, so the actual value on these properties is much more. And three
million of it will be confirmed tomorrow, and that... And as far as the reserve, that this
Commission volunteers that no later than 12 months after they approve the plan - in other words,
it would be January sometime in '98 - that we commit to putting two and a half percent of our
overall budget, which comes to six million eight hundred and seventy-five thousand dollars
($6,875,000), that we put that aside as a reserve from any of the properties, additional properties
that we enter into leases, contracts, or that we sell. That is the motion, and I...
Commissioner Plummer: I will accept the motion with...
131 January 23, 1997
Mayor Carollo: In addition, that in the remaining time of the five-year plan, that we commit to
coming up with the additional two and a half percent reserve of our overall budget.
Commissioner Plummer: I'll second the motion with one amendment: That it should read, "No
less than two and a half percent."
Mayor Carollo: That's fine.
Vice Mayor Regalado: There is a motion by the Mayor, second by Commissioner Plummer.
Mr. City Clerk?
The following motion was introduced by Mayor Carollo, who moved its adoption:
MOTION NO. 97-71
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
RESUBMIT TO THE STATE OF FLORIDA EMERGENCY FINANCIAL
OVERSIGHT BOARD THE TOP HALF OF THE CITY MANAGER'S
RESUBMISSION OF THE 1997 PLAN CONCERNING POSSIBLE REPLACEMENT
ITEMS TOTALLING $10,050,000; FURTHER STATING THAT THE CITY
COMMISSION VOLUNTARILY OFFERS TO PLACE NO LESS THAN TWO AND -
A -HALF PERCENT OF THE CITY'S OVERALL BUDGET ($6,875,000) AS A
RESERVE ACCOUNT BY NO LATER THAN 12 MONTHS AFTER THE STATE
OVERSIGHT BOARD APPROVES THE CITY'S RESUBMITTED RECOVERY 1997
PLAN (IF SAID PLAN IS APPROVED); AND FURTHER STIPULATING THAT IN
THE REMAINING TIME OF THE FIVE-YEAR PLAN, THE CITY WILL COMMIT
TO ADDING THE REMAINING TWO AND -A -HALF PERCENT OF ITS OVERALL
BUDGET.
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 Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: Commissioner Plummer recognizes
or the recora the appearance of Commissioner Martin Yelen of
the City of West Miami.
Commissioner Plummer: Mr. Cardenas is here now. Mr. Mayor, if I may.
Mayor Carollo: Excuse me. Yes, Commissioner.
Commissioner Plummer: As a personal privilege.
132 January 23, 1997 !;
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s
Mayor Carollo: Certainly.
Commissioner Plummer: I'd like to recognize a long-time Commissioner of West Miami, Mr.
Martin Yelen is here. Was very active for many years in his City, was very active in the Dade
League of Cities, and very active in his community. I don't want that to influence... 1 don't
know why he's here tonight, but I just wanted to recognize Marty Yelen.
Mayor Carollo: Welcome, sir. Good having you here tonight. Mr. Cardenas, OK, let's go to
your item. If staff could come up and...
Mr. Edward Marquez (City Manager): Mr. Mayor.
Mayor Carollo: Yes.
Mr. Marquez: If you can indulge us, there was one item of the regular agenda left, which was
CA-2, consent item 2.
Mayor Carollo: CA-2, yeah... You know what? If we could, while we go over that item that we
have to go on the sidebar for, and while we wait for Commissioner Plummer to get back, if we
could just take a brief recess of no more than five minutes?
----------------------------------------------------------------------------------------------------------------
54. VICE MAYOR REGALADO COMMENDS POLICE DEPARTMENT ON
- SUCCESSFUL HEROIN RAID.
Vice Mayor Regalado: Before the recess, if I can just have a word of praise for the Miami Police
Department, Mr. Mayor. The other day, I gave the Chief of Police an address where some
people believed that... were certain that they were selling drugs. And about ten hours after the
information was given to us, there was a raid, and in fact, there was an important arrest of people
selling heroin in the northwest area. And it was a major distributor, and I think that the police
should be praised for their action.
Mayor Carollo: Absolutely. Now, try to get that quick response in unincorporated Dade
County.
Vice Mayor Regalado: Right.
Mayor Carollo: Thank you, Chief.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 4:54 P.M. AND RECONVENED AT 5:08 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER GORT AND VICE MAYOR
REGALADO FOUND TO BE PRESENT.
133
January 23, 1997
a
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55. ACCEPT BID: CLUB CAR, INC. -- FOR LEASING OF 70 GOLF
CARTSTOUR UTILITY TRUCKS -- FOR FIVE YEAR CONTRACT -- FOR
PUBLIC WORKS -- ALLOCATE FUNDS ($52,539.84, ACCT CODE
417000.311501.6330.61039). -- SEE LABEL I.B.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: All right. Before we go to PZ-17 and 18...
Commissioner Plummer: You got 2 and 3.
Mayor Carollo: Yeah. We got 2 and 3, but... Well, you're right. It's after five, so we could go
right into 2 and 3 and then go to 17 and 18. We still need to do a real quick one, CA-2, from the
morning's agenda. That was the...
Unidentified Speaker: The golf carts.
Mayor Carollo: ... the golf carts.
Commissioner Plummer: Oh, yeah.
Mayor Carollo: Mr. Manager, if you could get, for the record, some of the information that we
are concerned with, in reference that it's a month -to -month lease, basically.
i
Mr. Edward Marquez (City Manager): Yes. This...
Mayor Carollo: And that, on the contrary, it's not going to lose us any money, it's going to bring
revenue to us there.
NOTE FOR THE RECORD: Commissioner Gort enters the
Commission chamber at 5:09 p.m.
Mr. Marquez: That's exactly the case. The leasing of golf... the rental of golf carts at a facility
is a net money maker to the golf course. So, this is definitely making us money by leasing this.
Also, the cost of the rentals are less than we are currently paying for the golf carts.
Commissioner Plummer: Otherwise said, how do you run a golf course without golf carts?
Mr. Marquez: Exactly.
Mayor Carollo: OK.
Commissioner Plummer: I move it.
r
Mayor Carollo: There's a motion by Commissioner Plummer, a second by Commissioner
Hernandez. All...
Commissioner Plummer: But understand, for the record, it has a 30-day cancellation, without
penalty.
134 January 23, 1997
4;
i
,e�
Mayor Carollo: All in favor, signify by saying "aye."
Mr. Edward Marquez (City Manager): Thank you.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-72
A RESOLUTION ACCEPTING THE BID OF CLUB CAR, INC., FOR THE LEASING
OF SEVENTY (70) ELECTRIC GOLF CARTS AND FOUR (4) UTILITY TRUCKS
ON A FIVE (5) YEAR LEASE CONTRACT BASIS, FOR THE DEPARTMENT OF
PUBLIC WORKS, AT A TOTAL PROPOSED ANNUAL COST OF $52,539.84;
CONDITIONING SAID ACCEPTANCE UPON THE CITY HAVING THE RIGHT TO
CANCEL SAID LEASE, WITHOUT PENALTY, UPON GIVING A THIRTY (3) DAY
NOTICE OF SUCH; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF PUBLIC WORKS, ACCOUNT CODE NO.
417000.311501.6330.61039; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being -seconded by- Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Mayor Joe Carollo
NAYS: None.
ABSENT: Vice Mayor Tomas Regalado
NOTE FOR THE RECORD: Vice Mayor Regalado enters the
Commission chamber at 5:10 p.m.
135 January 23, 1997
---------------------------------------------------------------- -- ----------------------------------------------
56. FIRST READING ORDINANCE. AMEND WITH PROPOSED CHANGES TO
SUBSECTION 3, "NURSING & CONVALESCENT HOMES", ARTICLE 4
SECTION 401 "SCHEDULE OF DISTRICT REGULATIONS", OF ZONING
ORDINANCE 11000, IN ORDER TO FURTHER RESTRICT
IMPLEMENTATION OF CERTAIN CONDITIONAL PRINCIPAL USES IN
THE R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL ZONING
DISTRICT -- AMEND ARTICLE 25, SECTION 2502 TO CLARIFY
CERTAIN DEFINITIONS RELATED TO AFOREMENTIONED
CONDITIONAL PRINCIPAL USES. APPLICANT: CITY OF MIAMI,
COMMUNITY PLANNING & REVITALIZATION.
Mayor Carollo: OK. We're on PZ-2, with the companion item of 3.
Commissioner Plummer: Is there still opposition to this thing? I'm asking, you're still opposed?
Unidentified Speaker: Yes.
Commissioner Plummer: Even though you've read 2...
Unidentified Speaker: Yes.
Commissioner Plummer: ...'and know -what we accomp... or tried to accomplish in 2? OK.
Well, do I understand correctly that we, the Commission, will speak to 2, and make it yes or no,
and then the applicants will speak to 3? Does anybody... Let me ask this question, if I may, Mr.
Mayor. Does anybody have any objection to PZ-2?
Unidentified Speaker: We do.
Commissioner Plummer: You do.
Unidentified Speaker: We do.
Commissioner Plummer: Who is "we"?
Unidentified Speaker: We... The City, the department.
Commissioner PIummer: Sit down.
Unidentified Speaker: No, sir, honestly, I... We'd like to make a couple of points of
clarification on that particular item.
Commissioner Plummer: All right. Other than the derelict department that... Is there anybody
else that's in opposition to PZ-2?
i
Unidentified Speaker: Yes. For the record... ;
Commissioner Plummer: Not 3, now. You're here on 3.
Unidentified Speaker: They're companion items. That's my understanding.
136 January 23, 1997
Commissioner Plummer: No, not necessarily. They could be... stand alone. So I'm asking the
question again. If you're in opposition, just say yes.
Unidentified Speaker: Yes.
Commissioner Plummer: That's fine. Thank you.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: I don't either.
j Mr. Francisco Garcia: Good evening, Mr. Mayor and gentlemen of the City Commission. For
the record, my name is Francisco Garcia with the Department of Community Planning and
Revitalization. PZ-2, as you know, is a legislative amendment that the Department of Planning
j has drafted for you to act on, in response to this Commission's direction that we attempt to
address the concerns of the Brickell neighbors in particular, but really, Citywide, in general, with
regards to the possible adverse effects of clinics, medical offices in R-3 districts, Citywide. The
amendment, as we had originally proposed it, attempted to do this by placing certain restrictions
on the implementation of clinics in the R-3 district above and beyond that which already existed,
which was that they were to be permitted only through special exception with City Commission
approval, and all the evaluations that triggered. The three restrictions we wanted to put in place
were that clinics in R-3 districts would only be permitted for one licensed practitioner, and up to
three additional persons as auxiliary staff to the doctor; that they should be implemented only as
adaptive reuses of single-family structures in the R-3 district that runs along the Brickell
Avenue, and that they are expressly prohibited within duplex and multifamily residential
structures, which are the only... the other two types of structures that you can have in the Brickell
area district. And lastly, that the parking ratio be somewhat increased to demand one parking
space per 250 square feet. Now, these...
Commissioner Plummer: Of the entire structure, or that which is being utilized under
homeowners?
Mr. Garcia: For the entire structure, because it's assumed that the entire structure will be used as
a clinic.
Commissioner Plummer: That the entire structure, including the garage, or not?
Mr. Garcia: I would defer to the Zoning Department on that, but I believe that is the case.
Commissioner Plummer: In other words, you want parking provided for, a parking garage?
Hello?
Mr. Garcia: I'm sorry. We exclude the garage.
Commissioner Plummer: What?
Mr. Garcia: I'm being told by the Zoning Division that he would exclude the garage.
Commissioner Plummer: Well, I would hope so.
Mr. Garcia: Seems to make sense.
Commissioner Plummer: Thank you.
137 January 23, 1997
Mr. Garcia: We have this concern. This went to the Planning Advisory Board, which approved
the proposal with one slight change, and we think there is reason for concern regarding that
slight change. If you'd he so kind to refer to the green handout that we've passed out, you'll see
that on page 3... You'll see that on page 3, there is a highlighted section on Subsection 7, and
that really is the crux of the matter here. As we had proposed this originally to the Planning;
Advisory Board, and eventually, it would come to you, these restrictions would he placed only
on health clinics seeking to establish themselves in the Brickell District. The Planning; Advisory
Board liked the proposal, and they asked that we have these restrictions implemented Citywide.
Now, here's what we think is really concerning about that particular change. We've brought for
you a map of the City of Miami, which shows all the R-3 designated areas in the City of Miami.
And for the public, it is also up on the projection board there. You also have that by way of
small maps in front of you. Whereas we feel that these restrictions would really work very well
for the Brickell area, we feel that if implemented Citywide, it would affect areas such as
Allapattah over here, Overtown, East Little Havana, Little Haiti, Model City, which, as it is,
don't have very many medical clinics, could certainly benefit from the implementation of more
medical offices in those areas. And were these restrictions to be imposed in those areas as well,
we fear it would negatively affect them. We still... I would like to tell you briefly what we feel
the merits of the proposal, as we originally proposed it are. We feel that in the Brickell area, it
will tend to allow for the preservation of the existing single-family structures. And as we
mentioned previously, there: are only a handful of those remaining. We feel that given the fact
that property values in the Brickell area have risen so much lately, the only economically
feasible way for those single-family structures to he conserved is to allow for uses such as these
to function as adaptive reuses, and thus allow property owners to make good use of their
property, and not to have to demolish them and build the mid -rise apartment buildings that we
presently have there. There is one more concern I wanted to raise. Were this proposal... Were
-this proposal implemented across the City in R-3 districts, R-3 districts also are referred and
included into R-4 districts, eventually into office districts, C-1 and C-2, so you would essentially
all but exclude medical offices unless under these restrictive conditions Citywide. For that
reason, we ask and we recommend that the City Commission_ approve the version we originally
proposed both to the City Commission and to the Planning Advisory Board. Thank you.
Commissioner Plummer: Which technically says, allow it in any R-3.
Mr. Garcia: Allow it in all R-3s Citywide, under a special exception, with City Commission
approval, except for the Brickell area, wherein these more restrictive conditions would apply, in
addition, of course, to the special exception with City Commission approval.
Mr. Jeffrey Bass: Once again, for the record, Jeffrey Bass, 46...
Commissioner Plummer: Sir, you have to he sworn in, as well as others.
Mr. Bass: I think so, yes.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Plummer: You have registered as a lobbyist?
Mr. Bass: Yes, I did.
Commissioner Plummer: That's five hundred dollars ($500), please.
138
January 23, 1997
Est
Mr. Bass: That, I haven't paid yet, but...
Commissioner Plummer: You will.
Mr. Bass: Happily. For the record, Jeffrey Bass, 46 Southwest 1st Street. I'd like to begin by
thanking you all for your courtesy in having this matter heard at five o'clock. I'm here
representing the Brickell Avenue Homeowners' Association, together with a number of
individuals. And we hadn't really prepared to address these things separately, but I'll do the best
that I can right now. A major concern with this ordinance, as I have stated all along, is this is
one further example of how this is spot zoning. That is, it's a legislative solution designed to
perpetuate a problem which we're here to oppose, and that is the proliferation or the
encouragement of commercial uses in this portion of Brickeli Avenue. Something very poignant
was discussed before you all this morning, and that related to nonconforming uses under your
Code. And if you look at the ordinance as prepared here - and I'm only representing Brickell
Avenue, as I have throughout this - your ordinance now puts a radius, a dispersal, if you will, on
certain types of uses on the R-3 district throughout the City. And convalescent homes and
nursing homes are now subject to a dispersal radius. I don't know whether throughout all of R-3,
any type of catalog has been prepared of these uses. But if you have two such uses within this
radius, they are now nonconforming. So, by virtue of all of this, people operating convalescent
homes and people operating nursing homes who have been providing a public good for a long,
long time, all of a sudden find themselves nonconforming with respect to your ordinance. And
what does that mean? Nonconforming uses and nonconforming structures of your... under your
ordinance cannot be increased. So, I can see a phenomena here of people out there, not on
Brickell Avenue, who haven't really been privy to this because they're not on Brickell Avenue,
but they're zoned R-3. And in other zoning categories where the R-3 uses are incorporated, all
of a sudden find themselves in a position where they can't touch their property without coming
before you for a variance of this provision. That is a- Citywide problem. I can see the scenario
where somebody operating a convalescent home for ten people who wants to now have 12
people in there, finds themselves, in essence, increasing the degree of nonconformity, which
would be violative of your ordinance. I guess the point is, that I'm trying to make, there are a lot
of consequences that have been a... Stones have been sent rolling because of an attempt to
accommodate this doctor's office use on Brickell Avenue. I don't know how far-reaching those
consequences would be. And I would urge you to weigh very heavily upon them before passing.
Secondly, a resolution... an ordinance like this would have the effect of, in essence, encouraging
the development of office uses outside of the office district. And we all know what the vacancy
rates are in our office district. This is not focusing office uses towards the office district. On the
contrary, it's scattering them about. And with that, we have a planner who would like to speak
to you very briefly about the perceived down side of an ordinance like this on the economy of all
of Miami, and on the zoning complexion of Brickell Avenue, in particular. And with that, I'd
like to introduce Mark Alvarez, who is a certified planner. Thank you.
Mr. Mark Alvarez: I'm Mark Alvarez, AICP, Certified Planner. I work with Carr -Smith
Associates, 4055 Northwest 97th Avenue, Miami. Again...
Commissioner Plummer: Are you appearing here for a fee?
Mr. Alvarez: I'm sorry.
Commissioner Plummer: Are you appearing here for a fee?
Mr. Alvarez: Yes.
Commissioner Plummer: Have you registered as a lobbyist?
139 January 23, 1997
Mr. Alvarez: I have... Am I registered? I'm not registered.
Mr. Bass: I don't think you registered.
Mr. Alvarez: I have not registered.
Mr. Bass: He is not registered.
Mr. Alvarez: You have to register me.
Mayor Carollo: He's going to have to register before he can speak before us.
Commissioner Plummer: Absolutely. You've got to register, sir, which takes about 22 seconds.
Mr. Alvarez: OK.
Commissioner Plummer: It's on the behalf of Internal Revenue, who would like to speak to you
next year.
Mayor Carollo: Do we have anyone else that... OK.
Commissioner Plummer: Now we know.
Mr. Martin Yelen: While the registration is going on, I'm Martin Yelen. I live at 1925 Brickell
Avenue, and I own the condominium there. I'm directly affected. I will speak only to the issue
before you, and that is, I urge you not to handle this as an overall picture, because what you're
doing, in order to accommodate an application, you're now looking at a Citywide situation. You
j should send this back for more planning, in view of what has been said, more study, and handle
j the Brickell Avenue separate and apart. I spent 30 years on the Commission, on the Zoning
Board as Mayor of West Miami. I have seen this time and again under the guise of special use,
or some other type of fancy nomenclature. It's become spot zoning. You're opening it up.
There is a nice ambience there, particularly after all of the improvements that have been made on
Brickell Avenue. If you haven't been down there recently, do so. It's a nice residential area.
The moment you permit the camel to put his nose in the tent, shortly, you're going to be living
with the camel. Don't let it start. And that's what this is. By itself, it may be great, but look at
the consequences of... the freak that you're going to get,
(APPLAUSE)
f
Mr. Yelen: I don't want to live with a camel, gentlemen, please. 4
i
Commissioner Plummer: Marty, let me...
Commissioner Gort: Yeah, have an understanding with this.
Commissioner Plummer: Let me have an understanding with you. The reason we're addressing
item number 2, and you weren't here before, was not for the applicant. It was for the neighbors.
This Commission was ready to vote to allow that doctor to go in. And the neighbors, your
neighbors said to this Commission, "Protect us so that it doesn't proliferate." So, let's
understand from reality. Reality is that this was not done for him. It was done to try and protect
the neighbors that once one of these went in, that they didn't appear all up and down Brickell F
Avenue. So, that's how this came about. It wasn't for the applicant. It was for the neighbors, to f
protect them.
140 January 23, 1997
,.nG d.1:.
Mr. Yelen: I'm fully aware of that, and we appreciate... Perhaps the timing, the notice of time
was bad. We were advised that it was going to come up at five, and not earlier in the day, as
apparently, you didn't pass it until five o'clock, which we do appreciate. But I'm looking now at
this. You say that you are ready to pass it. Fin saying, don't be ready to pass it. Don't pass it
insofar as Brickell is concerned. It's not compatible. It's a business venture. No matter how
restrictive you make it, it's a business venture. And when you start with one, it's going to grow.
Further exceptions will be made. It has happened time and again. You have seen it yourselves.
Unidentified Speaker: Here, here.
Mr. Yelen: It's a creeping situation that will get worse and worse. You held the line previously.
Commissioner Gort: Yeah. Let me add a little bit. You only have four single-family homes in
there. They have certain historical value. But if something is not done, those houses are going
to go down. You're going to have apartment buildings that are going to go up, which is a
commercial use, and you have commercial use across the street within your building. And this is
the one way you can preserve...
The Audience: No.
Commissioner Gort: This is the one way you can preserve those houses by doing so.
Mr. Yelen: That's the worst thing to do, is to try to shout a Commissioner down. Don't ever do
that. Mr. Gort, may I... We like the ambience there. It's residential. We want to keep it
residential. In fact, there was a big fight, if I recall, not too long ago, about the teachers building,
UTD (United Teachers of Dade) Towers, and there, the use was very restrictive, that you were
holding union meetings, if I recall correctly, because that was an adjunct to the actual use. It was
not classified as business. That's how fine and precise the Commission has been. When you
say, hey, special exception, you can use it, use it or a business, you've opened it up. And I may
feel sorry about lasing a house or two, but that's no excuse to destroy what you have been
fighting for, for many years. This Commission has been fighting for it. We all here have been
fighting for it. We want it to stay the way it is. We don't want to change the character. Thank
you.
(APPLAUSE)
Commissioner Plummer: Can't win.
Mr. Alvarez: OK, I'm back. Mark Alvarez, AICP with Carr -Smith and Associates, and I am
registered. I want to try to divide this in half. We came prepared here to discuss 1900 Brickell,
but there are a few things that would apply generally, especially if the ordinance is modified, if
item 7 is modified, as we've proposed tonight. The first item I want to cover is that... how health
clinics are defined. Health clinics are an office use. It is extremely clear in the intent of the
ordinance throughout. Health clinics, medical offices, doctors' offices, dentists' offices are
never included anywhere in residential districts, not R-1, 2, 3 or 4. They're not included until
offices. Further, if you look under home occupations for R-3 and R-4, you see that under various
home occupations, there's a listing of everything you can have under home occupations.
Specifically excluded from home occupations in residential districts are doctors' offices,
dentists, and health clinics, or I should say medical labs. So I think the intent that the ordinance
has that a health clinic or a doctors' office of any sort is an office, it is not an ancillary use to a
residence. It is not a community type of a commercial establishment. In the case of Brickell, we
have a number of adverse impacts. I don't know how it's going to relate to every other R-3
district throughout the City, but just to go very quickly through the Brickell case, because we'll
probably talk about it again. In a neighborhood like that, there's a number... When somebody
141 January 23, 1997
buys a house in there, they pay more per square foot. There's a reason they pay more per square
foot. They expect certain thinks in their bundle of goods that they get. A lot of them, you can
see, is the streetscape, is the high level of services and maintenance. Part of that is the
exclusivity of the residential character. I think that's very clear tonight from the residents
coming here and making; it very clear they don't want an office use there. You're removing part
of what they paid for. And if this applies to other areas, that be the case. We talked... Jeff
talked a little bit about spot zoning, and I think we made the point already that there's two...
there's }cart 3 and part 7. We're discussing part 7 right now, which will affect the use of health
clinics throughout the R-3 districts which are throughout the City. There's also a part 3, in
which we establish a 2500-foot radius. And again, we could have a nonconforming use
throughout the City, which are frozen at the... Or if you have a convalescent home which is eight
beds, once they become a nonconforming use, they can't go to nine beds, because that's a
modification that increases their nonconformity. That's also in the ordinance. And then finally,
again, this applies to Brickell, but it probably applies to a number of other areas. But in the case
of Brickell, on one hand, yes, it's nice to preserve single-family residences. However, is it the
highest and best use of that property? And when we look at what could be built... Let's just take
the Brickell example. On that property, if we have a single-family house valued at half a million
dollars, we could, instead, construct a two point eight million dollar, based on the square foot
value as of recent sales, structure it for 26 units of high end condominiums. That has very, very
large implications to the revenues of the City in terms of taxes. I'll speak about that more later
so I won't go through that right now. And the other thing; is, again, just using; the Brickell
example, four blocks away are the SD districts, and there's an office market there. Last quarter
of 1996, the Brickell office market had something like... let's see. It was a 27 percent vacancy
rate. If you go north of 15th Road, you'll see that all that's there is Class B, as this would be,
office space, and a lot of it is medical. So, not only are you taking away potential revenue, but
you're also taking away from the office space in many areas around the City. I guess we'll come
,:back with more about this for PZ-3. Thank you.
Mr. Bass: With respect to item number 2, that would conclude the remarks from the objectors.
Commissioner Plummer: Well, let me ask this question. What happens if we boil this down just
to the Brickell Avenue area?
Mr. Garcia: That is actually what we are recommending, sir.
Commissioner Plummer: And is it a true statement that only three or four single-family houses
still exist?
Mr. Garcia: Yes, sir, a handful at most.
Commissioner Plummer: Fine. He made one statement that I got to ask. He made a statement
that said that you could not have a doctor's or dentist's office?
Ms. Lucia Dougherty: In the home occupations.
Mr. Garcia: Presently, without changing anything at all, presently, they are allowed in R-3
districts by a special exception with City Commission approval. In that regard, we're not
proposing; that you be more permissive. In fact, we're restricting it further.
Commissioner Plummer: If we were to pass this to the Brickell Avenue only, is it with
conditional use that each application would have to come before the City Commission?
Mr. Garcia: That is correct, by a special exception with City Commission approval.
142 January 23, 1997
pal
Commissioner Plummer: I move it.
Mayor Carollo: There's a motion, is there a second?
Vice Mayor Regalado: Second.
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor. Mr. Mayor, point of clarification,
please. The Commissioner said that... I think this question was whether this ordinance would
apply only to Brickell Avenue area?
Commissioner Plummer: Area of Brickell Avenue, yes.
Mr. Maxwell: Section three...
Mr. Garcia: Yes.
Mr. Maxwell:... would apply Citywide.
Commissioner Plummer: No, I just said Brickell Avenue, only.
Mr. Garcia; Very well, if I may address that point very briefly or... Yes. There are two changes
being proposed herein. One which Mr. Bass and Mr. Alvarez alluded to pertains to subsection
three and I'd like to clarify that briefly because I think it merits clarification. Subsection three,
speaks about nursing homes and convalescence homes, that's correct. Nursing homes and
convalescence homes. The reason we felt it was appropriate to implement these radius of
distancing is because we see these as uses that are essentially the same as adult congregate living
facilities and community based residential facilities, which in the rest of the City are distanced as
well. The reason we proposed this, is an effort again, to address the concerns of the neighbors
who came before the City Commission that there was certain commercial intrusion into their
area and they wanted it minimized.
Commissioner Plummer: Well, let me make this clear. What we're passing here will not permit
convalescence homes or nursing homes.
Mr. Garcia: It will... Right now they are permitted as conditional users in R-3 districts
throughout the City. We are proposing that a distancing requirement be required for those users
throughout the City.
Commissioner Plummer: Well, but we're only speaking now, if I understand correctly, to this
ordinance applying to Brickell Avenue?
Mr. Garcia: That with respect to the second item.
Mr. Carlos F. Smith (Assistant City ManagerBuiUng & Zoning): Item number three applies to
all R-3 districts in the City. Item number seven is specific as the exception.
Commissioner Plummer: Are you saying then, if that were to be approved that in the Brickell
Avenue, could it a nursing home or a convalescence home, with conditional use?
Mr. Garcia: Only subject to the distancing. Yes, and only subject to these...
Mr. Smith: But Commissioner, that is allowed to today.
Commissioner Plummer: No, no, no. Then I move to deny.
143 January 23, 1997
Mr. Smith: It is allowed today.
Mr. Garcia: Sir, that is allowed, what we are proposing is that distancing requirements be added
to that.
Commissioner Plummer: There is no way that I can sit here and vote to have a nursing home...
Commissioner Gort: Sure.
Commissioner Plummer: ... or a convelescence home on Brickell Avenue. It's out of character,
totally.
Mr. Garcia: Sir, we agree. Presently, they are allowed by special exception. We're are
proposing a distancing requirement that they, less of those can come in.
Commissioner Plummer: A conditional use has got to come here, right?
Mr. Garcia: Yes, sir.
Commissioner Plummer: So I'm not worried about the distance.
Mr. Smith: That is all that is there today and that's all that's there after you pass this. Except
that we have put distance requirements now.
Commissioner Plummer: I hear you. I... Fine, you want to put it with the distancing
requirements, I don't find any problem. Fourteen and a half miles will be fine. I move the item,
Mr. Mayor before in reference to Brickell only, and that as I understand it, it would be with
every application would have to come before this City Commission and that nursing homes and
convalescence homes would have to be a minimum of 2,500 feet apart. I'd like to make it even
more, OK. I don't know if it's constitutionally. We fought that with the liquor, the bars, the
filling stations and everything with distance requirements. But, I'll accept the 2,500 feet.
Mayor Carollo: OK, there's a motion, and there's a second. Further discussion from the
Commission at this point in time? All right, are there any opponents that would like to speak
against this ordinance?
Commissioner Plummer: What, I'm sorry. I thought the public hearing was closed.
Mayor Carollo: Well, it's still open, Commissioner. If there's anyone else who would like to
speak against it, they certainly have that right. Anybody else who would like to speak in favor of
it. All right. No further discussion from the Commission. Mr. Clerk, call the roll.
G
Mr. Maxwell: I have to read the ordinance, Mr. Mayor.
Mayor Carollo: Go ahead and read the ordinance.
[At this point, the City Attorney read the ordinance into public record.]
Mayor Carollo: Call the roll now.
Mr. Maxwell: Commissioner..., Mr. Mayor.
Mayor Carollo: I haven't voted yet, Mr. City Attorney.
144 January 23, 1997
Mr. Maxwell: Oh, I am sorry.
Mayor Carollo: I apologize. It'll be easy for me to go either way now really, because I mean it's
pass but I have some mixed feelings on this...
Commissioner Plummer: We all do.
Mayor Carollo: ... and I certainly can understand and appreciate how the neighbors feel. From
my point of view having the responsibility that we do here, and the fiduciary responsibility to
look at things from many different angles. One of the things that doesn't please me is that we
will not have additional growth in that lot, which means the City of Miami is going to be losing
revenue if we would build it fully to what it could he built now. But, at the same time, that is not
a sufficient reason for me to vote against it. I don't feel that's going to be bringing more traffic
to Brickell, on the contrary, I think it will bring less traffic if you have condominiums or
apartments built there. But, my reasons of not wanting to see the project there are not sufficient
for me to vote it down and to vote against it. I would like to see the area developed to the
maximum that we could as Brickell has been so, because it would bring the revenue the City
needs for the future. But, that's not legally some reason for me to vote against it. Therefore, I
vote for the majority, I vote yes. This is first reading only. We have to vote at it again, a second
time.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE, SECTION 401 TO
FURTHER RESTRICT THE IMPLEMENTATION OF CERTAIN CONDITIONAL
PRINCIPAL USES IN R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL
ZONING DISTRICTS; AND SECTION 2502, TO AMEND AND CLARIFY CERTAIN
DEFINITIONS RELATED TO THE AFOREMENTIONED CONDITIONAL USES;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Vice Mayor Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
145 January 23, 1997
----------------------------------------------------------------------------------------------------------------
57. APPROVE SPECIAL EXCEPTION ORDINANCE NO. 11000, AS
AMENDED, ARTICLE 4, SECTION 401, R-3 MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL CONDITIONAL PRINCIPAL USES, TO PERMIT
A HEALTH CLINIC (MEDICAL OFFICE), WITH CONDITIONS. --
LOCATION: 1900 BRICKELL AVENUE -- APPLICANT: J. JAMES
DONNELLAN, III.
Commissioner Plummer: I now have a question in reference to item three before we hear it.
This was done to protect the residents even though they have a different opinion. I am
concerned that this is only first reading. I would be somewhat reluctant to vote favorably on
item 3 without this becoming law. I don't know, Mr. City Attorney, if I were to vote on item
three favorably, could you do it subject to the passage in effect of item two.
Mr. Joel Maxwell (Deputy City Attorney): No, sir.
Commissioner Plummer: So now, I've got a problem.
Mr. Maxwell: No, sir.
Ms. Lucia Dougherty: I think you can. You can't put a?
Commissioner Plummer:. Well, the City Attorney says no.
Mr. Maxwell: No.
Commissioner Plummer: And all the rest of you don't count.
Ms. Dougherty: That's absolutely right.
Commissioner Plummer: OK.
Ms. Dougherty: You only have one City Attorney.
Mr. Maxwell: That's right.
Ms. Dougherty: But may I ask then Mr. Maxwell a question?
Commissioner Plummer: You can ask whatever you want but that's the man who is going to
defend me if it hits the fan.
Ms. Dougherty: I understand. Could the City impose a condition that the effective date, and you
can't pull a permit until the effective date of this ordinance takes place?
Mr. Maxwell: No, Ms. Dougherty I would not recommend the Commission do that.
Ms. Dougherty: Never mind.
Commissioner Plummer: I then move item three be deferred.
146 January 23, 1997
t.-
7
Ms. Dougherty: Mister... Let me ask them if they have another solution.
Commissioner Plummer: I have no choice.
Mr. Maxwell: Wait a minute, wait a minute. I've been told that the provision, no... First of all,
I stand by the first provision I made. This shouldn't be subject to anything. The first piece of
legislation was an ordinance and it amended the zoning code, it should not be subject to anything
as opposed to atlas changes and so forth. But the second item before you, item three, is an
appeal of the Special Exception and it is riding under a different provision of the code. So, it is
possible that might be independent and the staff could entertain that question as to whether or not
it is.
Mr. Francisco Garcia (Principal Land Development SpecialistfCommunity Planning &
Revitalization Dept.): I am sorry. I'd like to make a very brief...
Mr. Maxwell: The Special Exception. The Commission is affirming your decision of the
Special Exception, right?
Mr. Garcia: That is correct, yes.
i
Mr. Maxwell: Of the zoning board's action. So it's riding independently, though?
Mr. Garcia: Yes, it is.
Commissioner Plummer: Will you two stop arguing? Would you tell me what you said?
Mr. Garcia: I'd like to make a very brief statement:.that I think that will maybe.clarify the point.
Commissioner Plummer: I sure wish somebody would.
Mr. Garcia: I will try. Because this application was brought previous to the enactment of this
amendment if it is ever enacted, this particular application would not be affected by the
amendment if it were passed. We have attached to the applicant's request for the Special
Exception, certain conditions which will have the same effect as this amendment would have if
in place. This is meant to address future applications, which as I understand it is a concern of the
neighbors.
i
Commissioner Plummer: Wait a minute, if in fact, Joel...
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): In other words, everything..
Commissioner Plummer: Excuse me. Joel, if this is a Special Exception, I though we could put
i
any provisos on such Special Exceptions that we wanted?
I
iMr. Maxwell: That's correct. It says affirm, modify or deny. But the problem is...
Commissioner Plummer: But I mean, why do we say that item three as a Special Exception, one
of the conditions is that it cannot become effective until item two has become in effect law?
1 Ms. Dougherty: I agree.
Mr. Maxwell: Because I believe the conditions that they are talking about are ones that deal to
the criteria and standards in the ordinance itself. They don't deal with the effective dates or
making it subject to some additional action.
147 January 23, 1997
1',t' a.r:.
Commissioner Plummer: All right, what are you recommending, that we don't hear item 3 or we
proceed with item three? What's your?
Ms. Slazyk: What you do with item...
Commissioner Plummer: Excuse me...
Ms. Slazyk: OK, all right.
Commissioner Plummer: ... you're not the City Attorney quite yet.
Mr. Maxwell: Now item three as I understand it is an independent item. So you could proceed...
Commissioner Plummer: I understand that.
Mr. Maxwell: You could proceed with that item today if so desire.
Commissioner Plummer: I understand that.
Mr. Maxwell: Or you could continue it.
Commissioner Plummer: OK.
Mr. Maxwell: That's your prerogative
Commissioner Plummer: - If in fact we have gone to this extreme to try and protect the neighbors,
OK. I don't want the neighbors to get a -feeling at this point that we passed something that
wasn't in effect of law, that's my concern. Now, predicated on that, and you're telling me that I
cannot approve item three subject to item two becoming... You leave me in the middle.
Mr. Carlos Smith (Assistant City Manager/Director-Building & Zoning Dept.): Commissioner,
if I may?
Vice Mayor Regalado: But is it a different, is it a different issue? It is a different issue, J.L.
Commissioner Plummer: Yeah, it is but it isn't, OK.
Commissioner Gort: Of course, it is.
Commissioner Plummer: Item two only came about because of item three, all right? It's the
only reason it came about. The neighbors said if you pass that don't let it spread all up and down
Brickell Avenue and we went to the trouble of putting item two in. And now, it's not yet quite
effective law.
Ms. Dougherty: But you know... May I just say something?
Commissioner Plummer: Sure.
Commissioner Gort: Go ahead.
Ms. Dougherty: If somebody came in tomorrow to apply, even if the... There is nothing that
would stop them from applying whether we are deferred or not.
148 January 23, 1997
231
Commissioner Plummer: Yeah, but if it was to be turned down we lose the good faith that we
tried to accomplish, all right?
Mr. Smith: Commissioner, I think what we are recommending is that you approve this item
number three attaching the conditions that we have set in item two.
Commissioner Plummer: But we can't do that.
Mr. Maxwell: No, there are in conditions in there that has nothing to do with tying it to the first
piece of legislation. That's what I'm advising you not do. Not tie it to the first piece of
legislation.
Ms. Slazyk: Excuse me.
Mr. Smith: But you can attach the same conditions to this item.
Commissioner Plummer: All right, all right. I hear you.
Commissioner Gort: Item three.
Commissioner Plummer: We're on item three.
Mayor Carollo: What's the will of the Commission?
Commissioner Gort: Yeah, let's listen to item three.
Commissioner Plummer: Proceed with hearing item three.
Mayor Carollo: OK, all right then we'll proceed with...
Commissioner Plummer: I mean I assume that's what it is. I...
Mayor Carollo: We'll proceed with item three.
Mr. Garcia: OK, item three pertains to the application for a Special Exception with City
Commission approval for medical offices to he implemented in 1900 Brickell. I'll he very brief
with our recommendation. We of course recommend approval because we feel that it is
advantageous to the area in three respects. First, it is advantageous to the City because it helps
preserve a single family structure that is indicative and it shows exactly what the character of the
Brickell Avenue district was in it's historical development. For that reason we feel the City
benefits from this application. We feel that it clearly benefits the abutting property owners
because what they will have in the abutting property is a single family structure as opposed to
the midrise apartment building they would otherwise have typically and so the views from their
apartments will be broadened. They'll benefit from it. And lastly, we feel it also benefits the
Brickell Avenue Corridor in that this is a minimally intensive use that will be established in this
property and so it will spear the Brickell Avenue Corridor from all the additional demand, the
additional traffic. The additional demands from the infrastructure that they would otherwise
have. For that reason we are recommending approval subject to two conditions and more if it is
the City Commission's pleasure. That the operation be conducted as an outpatient facility only.
That there will be no overnight stays and also that it be limited to the operation of a plastic
surgery office, which is what I think the applicant intends. That's all I have by way of
presentation.
Commissioner Plummer: There were other conditions.
149
Mr. Garcia: If the City Commission wishes to impose them, yes.
Commissioner Plummer: No, we talked about other conditions. Hours of operation.
Commissioner Gort: Everything in the ordinance.
Commissioner Plummer: There were other things that were in fact, that were put into there. I
have one question before you sit down.
Mr. Garcia: Yes, sir.
Commissioner Plummer: How many units could be built there if the house was torn down under
the R-3?
Mr. Garcia: As I understand it, a maximum of about 28.
Commissioner Plummer: About 28?
Mr. Garcia: Approximately 28.
Commissioner Plummer: OK, thank you. Where is it that we had Mr. Carlos Smith, where did
we have the provisions that we outlined before? Did you give...? Ms. Dougherty, did you give a
covenant?
Ms. Dougherty: No, but I offered to set hours of operation, if the City Commission would
desire.
Commissioner Plummer: Because I don't remember...
Ms. Dougherty: And I think it was seven to seven?
Commissioner Plummer: I don't remember...
Mr. Maxwell: Six o'clock.
Ms. Dougherty: Seven to seven.
Commissioner Plummer: What?
Ms. Dougherty: Seven to seven.
Commissioner Plummer: No, I don't go with the seven a.m.
Ms. Dougherty: Nine o'clock is fine.
Commissioner Plummer: Yeah, nine to six. OK, well I'll get to this later because you have a
right to... Absolutely, it's a voluntary covenant. Who goes first, whose on second?
Ms. Dougherty: Mr. Mayor, mister... members of the Commission. Lucia Dougherty with
offices at 1221 Brickell Avenue. We had a full hearing on this matter before so I am not going
to repeat myself. I only want to remind you that this is a permitted use subject to City
Commission approval and Zoning Board approval to make sure that there is no adverse impacts.
And the City Commission, I mean the Planning staff has determined that there are no adverse
150
January 23, 1997
t
n tom,,
impacts. We had a planning expert that said that there are no adverse impacts. Clearly there's
no traffic impacts. In fact, it lessens the traffic it would have otherwise for a 26 unit apartment
building. We don't believe with your ordinance that you have established, it would establish a
precedent for the future and the people. Most importantly, the people who live directly next door
to this property came in here and were originally going to oppose this project but then they saw
the project and they are supportive of it. Because, they don't want a 26 unit apartment building
next to them. They prefer to see this beautiful home preserved in this area. Thank you, very
much. And I would also object to any new evidence being presented by the other side.
Mayor Carollo: Go ahead.
Mr. Jeffrey Bass: Mr. Mayor, Commissioners, once again Jeffrey Bass, 46 Southwest First
Street. I'm here representing the Brickell Avenue Homeowners Association together with the
very same individuals who I have represented before you in the other matters and having had a
full blown hearing again, I will be extremely brief. Although, unfortunately, I seem to see the
writing on the wall. I would just like to bring again to your attention and try to impress upon
you very heavily that we also had a very full blown hearing before the Zoning Board. And at the
Zoning Board many arguments were made and the most compelling remarks that I heard from
any of the Zoning Board members were, was if you can't put a law office in there, this member I
think was a lawyer, if you can't put a real estate broker's office in there, if you can't put a
mortgage broker's office in there, why can you put a doctor's office in there? Particularly, when
there is an abundance of office space. And I made the argument that this is not a permitted use.
A health clinic is a permitted use. This is a stretch to call this a health clinic. True, within your
definitional sections offices are allowed as part of health clinics, but there is no way and I cross-
examined Mr. Proctor before you last time, for anybody to read this to support the conclusion
that office uses are allowed ,vithout a clinic attached. Without some type of real medicine
designed to serve the community. And I told you at that time, and I'll tell you again that
residential zoning districts have tolerated certain uses that serve the residents that are there. The
doctor testified in the past I believe, and the evidence before you was, this is going to be a place
to perform consultations.
Commissioner Plummer: Only.
Mr. Bass: Only. There is not going to be providing medical services, surgical services. In fact,
I believe the statement was made, no such services will be provided here because the doctor had
such privileges at three or four other hospitals around town. That's where those services were
going to be provided. So, I would ask you when you look at this and you reduce it to its essence,
the question is, how is this office use different from any other office use? And I would submit to
you that it's not. A variance allows the use that is otherwise prohibited under your ordinance.
Office uses are prohibited under your ordinance. That is why I believe that what in essence they
are doing here is having an office under the guides of a health clinic, where the manifest way of
the evidence is, that this is just an office. And, I was going to wrap this up quickly but I was so
pleased with myself I just have to share this with you. It was not easy to find a case that was like
this, because with all the twists and turns this application has taken, it has produced a somewhat
weird posture. But I found a case called "The City of Champlain versus Rosemand" that went all
the way to the Supreme Court of Illinois. And the Supreme Court of Illinois weighed very
heavily upon a zoning ordinance, that like ours had a R-3 zoning district. And like ours the R-3
zoning district allowed hospitals and clinics. I don't know if ours allows hospitals but it allowed
clinics. What happened there? A doctor came in and said "I want to have an office." The
Commission did there what you should do here is, and said "Great, but put it in an office
district." What happened? The doctor sued. The doctor said "if I'm allowed to have an office,
it's part of a hospital. And if I'm allowed to have an office it's part of a clinic providing services
or an infirmary, why can't I just have an office?" And the Supreme Court, and I hate when
lawyers do this, so I apologize. I'd like to have blown it up but, I'm sorry. I'd just have to read
151 January 23, 1997
UN
to you the reasoning that I find is so compelling. "Doctors' offices are individually owed as
contrasted to hospitals. While profit is not the sole motive, it is certainly a substantial factor. If
doctors offices must be allowed in residential areas where hospitals are permitted, it would seem
to follow that dentists and other persons and professionals who treat human ills would
similarly... would want the same privilege. The results might well be an office in every
residential block with the resulting breakdown of zoning within the City." Now, I know we've
discussed and when it's designed to protect against that. And I know that, like the mother giving
cough syrup to a kicking and screaming child, you're telling us it's for our own good. But when
given a choice between 26 units, when given the choice between the highest and best use of
property, when given the choice between diverting monies... Here's an article from Tuesday's
Miami Review, November 26th. It was right before the last time we came around here.
"Apartment complex at 1950 Brickell has changed hands. Nine hundred and twenty thousand
dollars ($920,000)." There is an option to purchase this doctor's office that I think we've
forgotten about. The purchase prices I believe is five hundred and seventy-five thousand dollars
($575,000). Mark Alvarez testified previously this property could be developed with a two point
two million dollar ($2,200,000) project. When he comes up before you, he will tell you what the
City's millage rate is and he'll tell you what the recurring revenue source would be if each of
those parcels were developed to their highest and best use. And I'm going to pass the mike over
now, but again, I feel like I'm in a bizarre nightmare. I am here, one who only represents
neighbors, typically challenging development, arguing before you all to give a property the
chance to be developed to its highest and best use. And I'm being opposed by my very worthy
and perennial opposition, Lucia Daugherty, who is ironically arguing "no, we don't want to give
it the highest and best use, we want to in essence impede development." So, teed up before; you
really is a once in a lifetime opportunity and I am very pleased to he able to present it to you.
You have neighbors, thousand of neighbors on Brickell Avenue asking you please, approve
development. Approve development, as Macbeth said, "put money in your pocket, make them
happy." Create recurring revenue sources and keep residential Brickell, residential. Again, it's a
very simple decision for you all. It's become very complicated. Again, I would like to thank
you for your courtesy in having this matter heard at a time when the neighbors could be here.
And I would urge you to do as your Zoning Board did. I would urge you to do as the Zoning
Board in Champlain, Illinois did, and that is let the doctor have a nice office but let him have it
in a nice office district. Thank you very much. Deny this application.
[APPLAUSE]
Ms. Dougherty: Again, Mr. Mayor, I have to object to this new evidence.
Mr. Bass: It's my... In response to the objections it is my understanding that the matter was
continued until today, so it was not formerly closed. So, the proceeding was never closed.
Commissioner Plummer: Mr. City Attorney, is new evidence permissible or not?
Mr. Maxwell: I believe it is, sir.
Commissioner Plummer: Thank you.
Mayor Carollo: Of course it is.
Commissioner Plummer: I just want to get it on the record.
Mayor Carollo: It is not a court of law, Commissioner.
Commissioner Plummer: Just want to get it on the record.
152 January 23, 1997
Lw,
Mayor Carollo: It's acceptable.
Mr. Mark Alvarez: Mark Alvarez, AICP. I'm sorry.
Mayor Carollo: Go ahead.
Mr. Alvarez: Mark Alvarez, AICP, certified planner with Carr- Smith. We'll go over a little bit
on some of the issues we spoke about. Jeff Bass has spoken to quite an extent. I want to
reemphasize this is an office and the zoning code of the City is so clear about locating office uses
in residential areas. Something we didn't speak about before is the... one office can destabilize
a neighborhood like this, which is very, very high in residential. But you have, I counted four
single family residents, I think somebody here said five. You've opened up the door for those
four or five. I know each one has to come back here for a Special Exception, each has to come
back to City Commission. But if we cannot find an adverse impact with one, when the second
one comes, how do you find an adverse impact? There is not a lot of traffic on Brickell, there is
not a lot of traffic on Miami Avenue. The second one is going to be very hard to find an
adverse impact. The third one, the fourth one. When you do find an adverse impact, it's too
late. You've already done something to the residential character of the neighborhood. You
1 know, when you accumulate it that much. And I think that's a very important consideration here
to know if you allow this one, how are you going to argue the second one? Because somebody
will come and will want to locate an office in another building. The owners of those other three
single family residences will look for the same opportunity. Again, beyond those single family
residences, there were on two vacant properties. One of them is adjacent to 1900 Brickell.
Each... That one is another 18,000 square feet. They're both for sale. What are the impacts?
Again, you have to look at, and what are you going to answer to people who come to you at a
later date and ask for exceptions? The last item. Well, I spoke about it just a little bit. Right
=-now you have a sale pending of five hundred and seventy-five thousand dollars ($575,000) for
this two-story residence. The City's millage rate, the City's component of 9.5995 would give
you five thousand five hundred and twelve dollars ($5,512) in recurring revenues per year. If, I
would say that, if you do allow this you're going to inhibit further development of that property,
especially because there is a vacant property next to it. I want to point to something on the
board, it's the top photograph. There is a lot of... a lot of things spoken tonight about the awful
character of a five story condominium versus a single family residence. That top picture is the
quality of condominiums that are going in Brickell. These are not blight neighborhoods, these
are probably actually better looking in some people's opinion than what's there now. But I can't
make that judgement. If a 26-unit structure was built on this property, and that would just be this
property, that would be an annual revenue into the City taxes of twenty-one thousand five.... I am
sorry, twenty-seven thousand one hundred dollars ($27,100). That's an annual difference of
twenty-one thousand five hundred dollars ($21,500). And I think that's very significant when
you start multiplying this by more buildings. Again, all this in light of the fact that four blocks
away there is a... an office district under SD-1716, which is suffering from a 27 percent vacancy
rate. And this office district has a lot of medical office uses in it. So I think that realty fills in
the gaps that we left out on PZ-2.
Mr. Bass: Thank you. That being said, I would like to introduce the president of the Brickell
Avenue Homeowners Association, Mr. Tory Jacobs and I'd like to give copies of, I don't know...
I have countless petitions from area residents to the Clerk to be included in the record.
Mr. Tory Jacobs: Good evening, Mr. Mayor, Commissioners. Tory Jacobs, 145 Southeast 25th
Road, Miami. I am here as a longtime resident of Brickell since 1976 and also I represent the
Brickell Homeowners Association, an organization that represents some 6,000 luxury residential
units between Rickenbacker Causeway and Brickell Key. We appreciate the fact that you
deferred this to five o'clock so some of our group could get here and be at this meeting. We also
appreciate very much the fact that you've expressed concern for our neighbors. I think there is a
E
153 January 23, 1997
little misconception here on our part perhaps, because this ordinance that you are... have directed
the City Planning Department to develop to protect us, is only needed if you grant the Special
Exception, and we are unalterably opposed to the granting of this Special Exception and
permitting a medical facility in this previously residential home. In fact, our constituents are
astounded at the extraordinary efforts that the City is going to, to satisfy a single individual when
you are aware that a very significant number of the residents would like to keep the area
residential. We trust that you will join us in our concern to keep this area residential and I thank
you very much for your time this evening.
[APPLAUSE]
Mr. Joe Wilkins: Well, my name is Joe Wilkins, 228 Southwest 23rd Road, president of the
Miami Roads Neighborhood Civic Association. I'd like to just ask one procedural question first,
one of our neighbors on South Miami Avenue has asked me... He received notice, he lives
within the 375 feet. He received notice for the Zoning Board meeting, did not receive notice for
this meeting, is that? You don't notify on continuations, or what?
Mr. Maxwell: No, under the law we're not required to follow the same notice provisions. If it's
continued on the record to a date certain, once the original notice has been perfected. Now, that
was... What you just said though, he received notice of the Zoning Board but did not receive
notice of this? Is that what you meant?
Mr. Wilkins: That's what I was told, yes.
Mr. Maxwell: No, that's a different issue. He should have received notice of the original City
Commission meeting... Yeah, the first meeting. Ms. Fernandez is here from Hearing Boards
Division, she can answer that question. Maybe...
Ms. Teresita Fernandez (Chief/Hearing Boards): Teresita Fernandez from the Office of Hearing
Boards. The notices were sent to the first meeting that this item was heard. I can check into my
records for this particular person, OK. But they were sent.
Mr. Maxwell: Further, Mr. Mayor...
Mayor Carollo: Go ahead.
Mr. Maxwell: It would be necessary for the actuaI... the person who did not receive notice to
come here and object to that.
Mr. Wilkins: He's here. The gentleman right over there.
Ms. Dougherty: In which case...
Mr. Jose Vidaurre: Yes it's true. I want to know. For the third meeting, I receive a notice...
Mr. Maxwell. Sir, can you?
Mr. Vidaurre: Yes, OK. No problem.
Mr. Maxwell: But you're here now.
Mr. Wilkins: That's because he's got a good association that let's him know about these things.
Commissioner Plummer: Get the microphone. 1`
i
154 January 23, 1997 i''
Mayor Carollo: We need to get a microphone, please.
Commissioner Plummer: Get him the microphone.
Mr. Vidaurre: May I speak in Spanish?
Mayor Carollo: Absolutely. Can you translate?
Mr. Maxwell: He needs to be sworn in.
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT
ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING
TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE
MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY Carlos
Smith, Assistant City Manager.]
Mr. Vidaurre: Yes. OK. PARA LOS PRIMEROS MITINES, HE RECIBIDO NOTICIAS
COMO DUENO EN 300 METROS...
Mayor Carollo: ESPERESE You have to he sworn in first. LO TIENES QUE JURAR
PRIMERO.
Mr. Vidaurre: OK. QUE TENGO QUE DECIR?
Mayor Carollo: EL JURAMENTO NADA MAS.
Mr. Vidaurre: QUE SOY MUY BUEN CHICO? SOY JOSE VIDAURRE, PROPRIETARIO
EN EL 1888...
Mr. Smith: ESPERESE. TIENE QUE CONTESTAR LA PREGUNTA QUE LE HAGA EL
CLERK.
Mayor Carollo: OK, can you swear him in, please.
Mr. Walter J. Foeman (City Clerk): Can you translate please, Mayor?
Ms. Maria J. Argudin (Assistant City Clerk): JURA QUE LO QUE VA A DECIR ES LA
VERDAD, Y SOLAMENTE LA VERDAD?
Mr. Vidaurre: SI, COMO CLINTON, LA VERDAD. OK, PUEDO HABLAR AHORA?
Mr. Smith: SI SE TIENE QUE IDENTIFICAR Y DECIR SU...
Mr. Vidaurre: MI NOMBRE ES JOSE VIDAURRE, CIUDADANO AMERICANO, AUNQUE
HABLO MAL INGLES. PROPRIETARIO EN EL 1888 DE SOUTH MIAMI AVENUE.
Mr. Smith: 1868...
Mr. Vidaurre: 1888 South Miami Avenue.
155
January 23, 1997
a
Ii
9
Mr. Smith: 1888 South Miami Avenue.
Mr. Vidaurre: PARA LOS MINITES CON EL zoning, RECIBI NOTICIAS DE ESTE
ASUNTO.
TRANSLATION: He received notice of the first meeting for the Zoning Board.
Mr. Vidaurre: Right. PARA EL DE HOY, NO.
Mr. Smith: But for today's meeting he did not receive notice.
Mr. Vidaurre: PORQUE?
Mr. Smith: UST ED RECIBIO NOTIFICACION DE LA REUNION QUE HUBO RACE... EL
MES PASADO?
MR. Vidaurre: SI, HE RECIBIDO LOS ANTERIORES. AHI TIENE LA PRUEBA QUE EL
SENOR WILKINS SE LA HA PRESENTADO.
j Mr. Smith: OK, he has received notice for the previous meetings.
i
Mr. Maxwell: It's not necessary for this meeting.
Mr. Smith: Mr. Mayor, if you want to, I'll talk to him separately, apart.
Mayor Carollo: Can you explain? Yeah.
Mr. Vidaurre: PORQLTE NO PARA EL PUBLICO, PARA TODOS?
j Mr. Smith: ES QUE NO SE LO PUEDO EXPLICAR EN ESPANOL A TODO EL MUNDO.
Mr. Vidaurre: NO, NO QUIERO QUE ME EXPLIQUE NADA. YO SE MI PUNTO DE
VISTA. YO QUIERO EXPLICAR A LA CONCURRENCIA...
i
Mr. Smith: USTED...
Mr. Vidaurre: YO QUIERO EXPLICAR A LA CONCURRENCIA AQUI LO QUE PASA.
Mr. Smith: OK.
I
I
Mr. Vidaurre: ESTA ABOGADA NO ESTA CALIFICADA PARA ACTUAR EN
REPRESENTACION DE ESTOS MEDICOS.
TRANSLATION: ESPERESE, ESPERESE. This attorney is not qualified to represent this
gentleman.
Mayor Carollo: Hold on. We're getting into an area that I don't think it's proper to discuss.
Mr. Vidaurre: No, Mr. Mayor, excuse me, It's proper, it's proper, it's proper.
Mayor Carollo: No not in personal attacks, I'm sorry. I apologize.
Mr. Vidaurre: No, it's very important. It's very important. I am sorry. PORQUE EN EL
MITIN...
Mayor Carollo: Well, I'm sorry. I'm making a rule that we're not going to get into personal
attacks. She's qualified under the state law to be an attorney.
156 January 23, 1997
i
Mr. Vidaurre: Very bad. Why you are covering something? Why you are covering something?
Mayor Carollo: Well, sir. If you want to talk against the project that's something else. But, we
do not need to make this personal.
Mr. Vidaurre: This lawyer, this lawyer is part of the project.
Mayor Carollo: Well, OK, let's move on. Thank you, sir.
Mr. Wilkins: To briefly restate what I said what I said during our first meeting, our association
has a long history of opposing commercial intrusion in the residential areas particularly ours.
We're still in support, we see nothing to change our position. Our concern for the future though
is based on our experience with the past. About ten ,years ago, we were here for a plastic
surgeon on 15th Road and South Miami Avenue to allow some accommodations. We were told
that it would allow more or less three or four cars. I have some pictures that were taken day
before yesterday to show approximately 17 cars on the property. We don't want this to keep
happening. We want to keep residential areas residential.
Mayor Carollo: Can I see those?
Mr. Wilkins: Certainly. Pass them down. That's at the corner of 15th and South Miami
Avenue. Like I said, our concern for the future is based on our experience with the past. Please
keep the residential areas residential. Thank you.
<APPLAUSE>
Mr. Mac Seligman: My name is Mac Seligman. I have been a resident of the Brickell
Townhouse at 2451 Brickell Avenue since 1970. 1 am also a director of the Brickell
Homeowners Association and I participate in many of the management functions of our
condominium association. I can tell you that in all of the years that I've lived on Brickell
Avenue, this issue has raised more concerns on the part of homeowners in the Brickell Avenue
area than any other single issue. Every time this subject of 1900 Brickell Avenue comes up,
people are angry, concerned that allowing this medical clinic at 1900 Brickell Avenue will be
just a foot in the door for other commercial encroachments on the residential nature of Brickell
Avenue. We respectfully request that the Commission recognize our point of view and turn
down this effort to encroach on the residential neighborhood of Brickell Avenue by a medical
clinic. Thank you.
[APPLAUSE]
Mr. Bass: In conclusion, I would just like to mention two things. First, I'd like to ask to please
stand, and be recognized, the neighbors from the Brickell Avenue area who have come out time
and time again, to stand in opposition to the first commercial intrusion. Thank you, thank you.
And secondly Mr. Mayor, I am going to have to very respectfully disagree with the comment
you made on PZ-2. You made a statement to the effect that, your desire to see the highest and
best use on that property was not a sufficient reason in your mind at that time, and 1 know if I am
misstating you, you will tell me, for you to have voted against the legislative amendment. Well,
here you have been presented with competent and substantial evidence of the potential adverse
impact of this application upon the neighborhood. And I'm not a gambling man but I'll bet you
a nickel that your fine City Attorney will tell you that any decision that any one of you make up
here today, needs to be based on competent and substantial evidence. The Zoning Board
specifically found, for all of the reasons that have been presented before you today, that adverse
impacts would unravel because of this. And they based their decision on that and they
157 January 23, 1997
t-
specifically found that this did not satisfy the standards and their ordinance for allowing uses
such as this. You've heard arguments that this is an office use. You've heard arguments that
will be bad for the economy. You have heard first hand, personal, first hand personal statements
made by the residents of the character of their neighborhood and the compatibility of this. And
under very recent case law such first hand, fact based testimony is competent and substantial.
And the only point I wanted to make, Mr. Mayor, was, previously the financial aspect alone,
maybe, yes. But now, it's all been laid out for you in a separate application. It's all been laid
out for your Zoning Board. They voted no, and I would respectfully urge you to do the same.
And again, I thank you for all of your consideration.
[APPLAUSE]
Mayor Carollo: Thank you. Mr. Assistant City Attorney, would I be legally correct if I would
vote against this project for the sole reason, putting all the others aside that could be valid, not in
my mind but, they're probably just looking; the sole reason, of whether I felt that it would be in
the City's best interest for 28, 26 apartment units to be built there? If I would vote against this
project because I would prefer to see additional growth there, additional construction because it's
going to bring more revenue to the City in the form of property taxes, would I be correct if I
would vote against it, for that sole reason or not?
Mr. Maxwell: I don't think that would be a valid reason to vote against it, Mr. Mayor. As
pointed out, the reasons would have to be based on competent substantial evidence on the record.
And I have heard no testimony on the record regarding that even though one may imply that. I
think that any decision you make will have to be based purely on the expert testimony that
you've heard and any non -expert relevant testimony that can weigh, that if a court looked at
could be weighed in such a way that it could be tantamount to expert. And that's a discussion I
won't go into. But I don't think basing it on just that matter would be legally defensible.
Mayor Carollo: All right. Thank you.
Ms. Dougherty: Mr. Mayor, can I just have just one minute of rebuttal?
Mayor Carollo: Certainly, you certainly can, Lucia. You could have two minutes.
Ms. Dougherty: Thank you. The Board of Adjustment denied, or recommended denial of this
application solely because they thought it would establish a precedent. They were not concerned
about the medical office or this particular medical office. They wanted to preserve this house,
but their only concern was this is going to establish a precedent where in your condominiums for
example, you could have a full fledged medical clinic. And I think you have solved that problem
for the future. You have made sure that there would be no precedent, and furthermore 1500
Brickell where they showed you photographs, they have four doctors maybe five doctors at any
given time at that facility. So, I don't think you can compare that to this office which has one
medical doctor, one nurse, one administrative assistant. That's all that's going to be permitted in
this facility. So, we would urge your approval and we would accept the conditions that you
would want to impose either from this ordinance or additional ones. And for the record, I don't
own any part of the property. And I would also like to make sure that the record concludes all of
the transcripts from the prior meetings, including the Zoning Board.
Commissioner Gort: My understanding, we were informed that we would not receive
technical... The Zoning Board made a decision based on, I think, the technical advise from the
Planning Department or was not expert advise from the Planning Department? It is my
understanding you all recommended and the reasons, can you state that again, please? Your
recommendations.
1;
158
January 23, 1997
p..
s,.
Mr. Garcia: Yes, of course. We are recommending. I would first like to very briefly clarify
something. We feel, and in fact, it is true, that these sorts of applications are brought before the
Commission as a Special Exception item precisely because they need to he judged on a case by
case basis. Whereas we are recommending approval in this instance, we might not in others that
we feel maybe injurious to the neighborhood. And I wanted to clarify that very briefly. In
addition to that, we feel that this particular application will be beneficial for this particular site
because it will allow for the preservation of a structure, a single family residential structure
which we feel is an inherent part of the history of Brickell, of the development to the Brickell
Corridor and whenever we can, we see an opportunity to preserve such items for the future,
without adversely impacting the neighborhood we, of course, recommend that that he done. We
feel also that it is advantageous to the abutting property owners in that, because it is a low
density development of this parcel it will not... it will permit for broader views and for greater
enjoyment of their own property. And lastly, we feel it is advantageous for the Brickell Corridor
as a whole because the demands this particular application will make on the infrastructure,
because the traffic generated... because the impact generated will be so minimal, everyone
stands to benefit in the end. And for those reasons we recommend that you approve this
proposal.
Commissioner Gort: Thank you.
Vice Mayor Regalado: Anybody?
Mayor Carollo: Anybody else from the public that would like to address this Commission? OK,
then...
- -- � Ms. Shirley Knox: May I talk? (Inaudible -- speaking off microphone)
Mayor Carollo: Ma'am, I'm sorry, you have to come up here. I apologize. We just need to hear
you name and address since you all were sworn in before.
Ms. Knox: Shirley Knox, 2451 Brickell Avenue.
Mayor Carollo: Thank you.
Ms. Knox: And I just wanted to say that the doctor's residence is not facing on Brickell, he's
facing on Southeast 15th Road, or whatever that side street is. Where you said that there are
many doctors in that building, he's not on Brickell Avenue.
Mayor Carollo: OK. All right. The public part of this meeting is now closed. Are there any
further questions from the members of the Commission? Any further statements from the
members of the Commission?
Commissioner Gort: The question that I had, what were the conditions that you were attaching
to this?
Mr. Garcia: The Commission... I am sorry, the conditions that we have recommended are two.
That this practice be limited to outpatient type service only. That is, there will be no overnight
stays and additionally that the practice be limited to plastic surgery which we believe is the
intent of the applicant. Above and beyond these conditions, though 1 understand that the
applicant has proferred certain other conditions they'd be willing to abide by.
Commissioner Gort: There are other conditions added to it?
Mr. Garcia: I am sorry, sir?
159 January 23, 1997
01
Commissioner Gort: Hours, of operation?
Mr. Garcia: That was something preferred by the applicant, I believe.
Commissioner Gort: OK. But also there were conditions that according to the ordinance that
weren't established to this?
Mr. Garcia: Yes, if it is the Commissioners wish we could additionally impose other conditions
as stated in the legislative amendment we proposed to you earlier. And these would be that this
practice he limited to one practitioner with at most three persons as staff employed at this
particular location. It is already being proposed as an adaptive reuse of an existing single family
structure which is another one of the criteria. And finally, that the parking provided shall be at
the rate of one parking space per 250 square feet of gross floor area.
Mayor Carollo: OK, what is the will of the Commission?
Commissioner Gort: I understand you're going to offer some voluntary covenants?
Ms. Dougherty: We would voluntarily agree to all those conditions. I don't know that we have
250 square feet though. I don't know if our parking... Do you know if our parking meets that
250 foot criteria?
Mr. Garcia: No, I am sorry. The original calculation was done by the existing regulations which
are 350, as I understand it.
Ms. Dougherty: I think I would prefer to have the-350 because we meet -that criteria right now.
We have 13 parking spaces. And we would agree to a condition of hours of operation between...
Commissioner Gort: Nine and six.
Vice Mayor Regalado: Nine and six.
Ms. Dougherty: ... nine and six.
Vice Mayor Regalado: Well, the public part has just closed.
Mr. Bass: I was just going to ask... offer another condition that may make the neighbors equally
happy but...
Commissioner Gort: Go ahead, I'm asking you a question.
Mr. Bass: Everybody is talking about saving the house and I think I see the writing on the wall
with respect to the will of this Commission. And so if saving the house is the objective I think
that the developer should voluntarily covenant not to touch the house, not to develop it, not to
hedge their bed, maybe I'll have an office or maybe I'll have a high-rise depending on what the
market carries. And I'd like to see some real good faith, long term commitment covenant to
preserve the house. I would prefer that you not... that you vote this thing down, but I see which
way you're going.
Commissioner Plummer: Well, I was going to put a provision in that would cover it a little bit
the other way around. And that is, that at no time could this particular applicant do any changes
whatsoever or transfer his rights without Commission hearing. I think that was one of mine.
160
January 23, 1997
Ms. Dougherty: Fine, that's acceptable.
Mr. Bass: That's like having a Felt and suspenders. That's great.
Commissioner Plummer: I am sorry.
MR. Bass: That's like having a belt and suspenders and that's great by us.
Commissioner Plummer: And... tine. The other one is, that I will disagree, conditional use is
what she proterred, not the doctor and three but a doctor, a nurse and one clerical, OK. 'That's
what she proterred, why give them four. The only question that I really have to resolve in my
mind. I know of that doctor's office on South Miami Avenue and 15th Road and I think there's
three or four practitioners in that office. We are limiting this one to one and one only. I'm
wondering would it be totally unfair to limit the number of cars on the premises at any one time?
In other words, he's got to have "X" number of designated spaces that once those spaces, if they
were to be taken up and occupied that I would hate to see them parking on the grass and in the
yard and all around. So, I'm asking that the parking be limited and not to exceed that which is
required. And I would offer that as a part of the covenant.
Ms. Dougherty: Say that again?
Commissioner Plummer: I am sorry.
Ms. Dougherty: I didn't understand, I am sorry.
.Commissioner Plummer. If in fact you are required to have ten parking spaces, three spaces?
Ms. Dougherty: No, no, we have 13, 1 think.
Commissioner Plummer: OK, whatever the number is, I'll use ten. That if you have ten
dedicated parking spaces, that no other vehicles can be on that premises and parked, all right?
That I don't want to see cars parked in the grass, in the swale area or anywhere else in that
particular area.
Ms. Dougherty: That's acceptable. Understood.
Vice Mayor Regalado: J.L, how do we know that these people park around?
Commissioner Plummer: At any time that it is brought to our attention that they have violated it,
it would in tact breech and bring back...
Vice Mayor Regalado: No, no. What I mean is, how do we know that the people parked in the
grass are visiting the doctor? Do we?
Ms. Dougherty: Well, this kind of goes up in the air. I mean the... you kind of have to get off
Brickell.
Commissioner Gort: There's no on -street parking in Brickell.
Ms. Dougherty: That's right.
Commissioner Plummer: That's the problem.
Commissioner Gort: So, they have to be inside the property.
161
January 23, 1997
Fl1
Vice Mayor Regalado: That's what I say.
Commissioner Gort: What we're talking about is maintaining the landscaping in the area...
Vice Mayor Regalado: I know, but who are we going to ticket, the car, the driver?
Commissioner Gort: ... and not allowing people to ruin the landscaping.
Commissioner Plummer: What you're saying is, if somebody is parking there that's not going to
the doctor's office?
Vice Mayor Regalado: Right.
Commissioner Plummer: I think the doctor has the right to put a sign out says "Parking for the
doctor only, all others will find their cars at Molina Towing."
Vice Mayor Regalado: That's right. That's right.
Unidentified Speaker: Free advertising, free advertising.
Commissioner Plummer: OK. NuWay Towing, Nolans Towing, Henney Towing. I...
everybody what was the old statement? "Everybody wants to go to heaven but nobody wants to
die." And this undertaker is ready to make a motion.
Mr. Smith: Mr. Vice Mayor, if we could we would like to?
Mr. Garcia: Yes, if I may, a brief statement for the record?- The question was asked previously
as to whether the present application would comply with the one for 250 square feet requirement
for parking? The answer as I was informed by the Zoning Administrator is "no." As it has
presently been proposed, it does not comply with that stricter parking requirement. For that
reason, we... they are short four parking spaces, I am told. For that reason, what this
Commission might consider is an additional condition which is that they submit to the Planning
Department, revised plans showing another configuration for parking that meets the one for 250
parking requirement.
Commissioner Plummer: All right.
Ms. Dougherty: They'll have to cut down trees then. That's really... You can look at the site
plan, it's very tight.
Commissioner Plummer: You know I really would like to limit. I don't want to put more
parking, OK? I really don't. I would like to limit the parking to "X" number of cars, and you're
asking me to open it up for more cars, which I don't want to do.
Mr. Garcia: No sir, I was attempting to answer your previous question. The answer then is, to
make them only comply with one per 300 parking ratio. That they comply with already, they
can leave it as it is.
Commissioner Plummer: OK, how many spaces was that? 12.
Ms. Garcia: Twelve spaces.
162 January 23, 1997
Commissioner Plummer: I would prefer ten. I mean, you've got three people there that are
working there, all right. And I don't think you really need but three or four more spaces
personally. And then you're going to be limiting it.
Mr. Garcia: The problem we seem to be running into is that...
Mr. Smith: I think one in three hundred it will fit, with what they've got. One per three hundred
square feet. One parking space per three hundred square feet.
Commissioner Plummer: All right.
Mayor Carollo: Yeah.
Commissioner Plummer: Are we ready for a motion?
Mayor Carollo: How many spaces can we have on it, the way that it is without cutting any trees
down to get cars in the back?
Mr. Garcia: They have 12 as it is right now in their proposal where... and it's tight. Were they
to...
Mayor Carollo: That's in the... Excuse me, that in the front of the house, 1.2?
Mr. Garcia: There's some in the back and some in the front as I understand it.
Mayor Caroller: OK, that's cutting the trees down then?
Mr. Garcia: No.
Mayor Carollo: No?
Commissioner Plummer: They shouldn't need 12 spaces.
Mr. Garcia: The addition of parking spaces would require them to cut down some trees.
Mayor Carollo: OK, now if they didn't have to cut trees down, how many spaces can they offer?
Mr. Garcia: As they presently show it, about 12 spaces.
Mayor Carollo: About 12.
Commissioner Plummer: I don't want 12.
Mr. Garcia: Any less of these 12 spaces would require a variance which would be another whole
procedure.
Mayor Carollo: How many feet long is that lot?
Ms. Dougherty: One hundred and eighty by one hundred.
Mayor Carollo: One hundred and eighty by one hundred.
Commissioner Plummer: You know, if you only have say eight parking spaces, you're going to
limit the amount of patients he can have. So, I would rather have less parking, rather than more
163 January 23, 1997
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parking. Can I make that as a condition, if I make the motion? That I would like to see there a
maximum of eight parking spaces.
Mr. Smith: Staff is telling me that if we go under 12, we'd require a variance.
Commissioner Plummer: What about if we make it one every 350? How many will that be?
Mr. Garcia: The code doesn't say that. For that reason they would still need a variance.
Anything under 11, would require... requires a variance. Anything under 12, I am sorry.
Commissioner Plummer: All right, let me ask you this which we've done in past. Can we make
eight of them paved and the remaining necessity in grass?
Mr. Garcia: Yes, that certainly is a possibility.
Commissioner Plummer: OK, we'll get there eventually. Now, are we going to sit here all night
or are we going to make a motion?
Ms. Dougherty: Make it.
Mr. Maxwell: Mr. Mayor.
Commissioner Plummer: I don't want to cut anybody out.
Mr. Maxwell: Again, there's one clarification and I think the record needs to be clear on this
point. Excuse me. I am concerned about two conditions that have been discussed here, a request
from the neighbors, particularly one concerning the maintenance of the structure itself and the
other dealing with alienation of the property without City Commission approval. These requests
came from the neighbors. Ms. Dougherty, on behalf of her client, agreed to that and I think the
record needs to be clear that the applicant is agreeing to that voluntarily and it will be included in
the covenant even though there may be identical provisions. Have you not agreed to that?
Ms. Dougherty: We did agree to that.
Mr. Maxwell: That's what I'm saying.
Ms. Dougherty: But I'm asking to put it as a condition of this variance. I mean to...
Commissioner Plummer: Well, it will be subject to a written document.
Ms. Dougherty: As a condition of this...
Mr. Maxwell: No . I... You said in addition to the document itself you'll agree, you're
voluntarily proffering that will be in the covenant as well. It needs to be clear that that's what's
occurring here.
Commissioner Plummer: Marty, you are smart.
Ms. Dougherty: The answer is, I have agreed on behalf of my client that anytime that they want
to sell his plastic surgery business because you have to come back here if he has to sell it to
somebody else anyway. If it becomes some other kind of medical facility, you have to he hack
here anyway because this Special Exception is only for a plastic surgery business. So, he could
only sell it to a plastic surgery business and what you've imposed...
164 January 23, 1997
Commissioner Plummer: That's not what I said.
Ms. Dougherty: What you've imposed is if he sells it to somebody else...
Mr. Maxwell: That's correct. That's not what the Commissioner said.
Commissioner Plummer: That's not what I said.
Ms. Dougherty: What are you saying?
Commissioner Plummer: I said if he moves out...
Ms. Dougherty: Right.
Commissioner Plummer: ... the conditions of allowing, he loses.
Ms. Dougherty: This is already the case. That is already the case.
Commissioner Plummer: What's that?
Ms. Dougherty: This plastic surgery... This special exception is only for a plastic surgery so
long as they use it...
Commissioner Plummer: Negative.
Ms. Dougherty: You can't transfer it to use it for something else.
Commissioner Plummer: Only this application is for this applicant.
Ms. Dougherty: That's fine. Absolutely. As a condition of this special exception, I agree to
that.
Mr. Maxwell: Mr. Mayor, I've got to tell you. I believe that could be successfully challenged
later on, that way. That's why I asked whether or not she was proffering that voluntarily in
response to the public's request for that.
Ms. Dougherty: I am.
Mr. Maxwell: But the way Ms. Dougherty has artfully, and she is a very good attorney, the way
she is now stated it, what happens is, it's a request coming from the Commission. It is a
requirement for the Special Exception and later on a court could say, you know, that wasn't a
proper criteria, that wasn't a proper request.
Ms. Dougherty: Are you asking me to voluntarily covenant that if he sells the property? No,
this plastic surgery office only is for him only, is that what you're saying? That's fine.
Mr. Maxwell: Normally... Yeah, normally it runs with the land as you well know.
Ms. Dougherty: Correct.
Mr. Maxwell: All right. But that what... 'That's not what the Commissioner is talking about
here, which is extraordinary, OK? So, that was asked from the crowd... from the public, they
asked for that and what we want to make clear on the record is that your client and you have
agreed voluntarily that that, that you would bind yourselves in a covenant to that provision.
165 January 23, 1997
K
Ms. Dougherty: I will voluntarily agree to do that but that's not what they asked for. They
asked for something different. They ask that we not be permitted to take down this house for a
certain amount of years.
Commissioner Plummer: What I said was that this doctor...
Ms. Dougherty: Yes, I agreed to that
Commissioner Plummer: ... could not change or modify in any way this building or this
property.
Ms. Dougherty: I accept that as a covenant.
Commissioner Plummer: Now, if he... at any time in my estimation, let me give you my
opinion. If he foregoes and quits practicing, he quits practicing in this property, it immediately
either must come hack to this Commission for a rehearing or it reverts back to an R-3 use only.
Ms. Dougherty: That's fine. Acceptable.
Commissioner Plummer: That's just that simple.
Ms. Dougherty: acceptable.
Commissioner Gort: Could somebody repeat...
Mayor Carollo: What's the will of this Commission?
Commissioner Gort: Could somebody repeat all the conditions?
Vice Mayor Regalado: A motion to vote, Mr. Mayor.
Mr. Garcia: As I understand it thus far, the conditions as stated by the City Commission are as
follows: One, that the use of this office, if allowed, be limited to plastic surgery only. Two, that
there'll be no overnight stay. That is, that if the...
Commissioner Plummer: No, no, no. Not plastic surgery.
Mr. Garcia: Yes. No, I'm coming to that one later on. To the last one I'm coming.
Commissioner Plummer: No, no, no. This is not limited to plastic surgery. There is no surgery
to be done on these premises.
Ms. Dougherty: OK, plastic surgery clinic. I understand no surgery done. I agree.
Mr. Garcia: That it be a plastic surgery clinic. OK, I begin again, I am sorry.
Commissioner Plummer: Rather big difference now.
Commissioner Gort: Consultation.
Commissioner Plummer: There's a big difference.
Mr. Garcia: There is.
R
tlw
166
January 23, 1997
Commissioner Plummer: A big difference.
i
Mr. Garcia: I begin again, I apologize. The first condition is that this, the present use as applied
for and if allowed, if permitted will be for a plastic surgery office only, not to have any surgical
procedures taking place on the premises, for consultation purposes only. The second condition
is, there will be no overnight stays. The third condition would be that there will be only one
practitioner and up to only two staff. The fourth condition is that there'll be a maximum and a
minimum of 12 parking spaces only eight of which shall be paved the rest of which shall be turf
blocked, I believe is the term. And the last condition as I have is that this use will be restricted
to this particular practice only, and upon cessation of this practice a new application will come
back to the City Commission or revert to the permitted residential use in R-3 presently.
Commissioner Plummer: Six to nine.
Mr. Garcia: I am sorry. Hours of operation, condition five. Hours of operation shall be six to
nine.
Ms. Dougherty: Nine to six.
Mr. Garcia: Nine to six only, I am sorry. Nine a.m. to six p.m.
Commissioner Gott: Those are the conditions?
Commissioner Plummer: That's it, the maintenance of the house. Well, we can't change it.
Ms.•Dougherty: Mister... -Commissioner Plummer, I just want -to clarify one thing. He has two
full-time staff, one part-time staff.
Commissioner Plummer: Ms. Dougherty, I am using in that which you proferred, one doctor,
one nurse and one secretary.
Ms. Dougherty: OK.
Commissioner Plummer: You proferred it, I accepted it. Item acceptable, roll the dice.
Mayor Carollo: Is there a motion?
Commissioner Plummer: I... Did you make it?
Commissioner Gott: You made it.
Commissioner Plummer: I made the motion.
Mayor Carollo: OK, there's a motion. Who seconded it?
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado. OK, can you call the roll?
167 January 23, 1997
IN
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-73
A RESOLUTION, WITH ATTACHMENT(S), REVERSING THE DECISION OF THE
ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION
REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ZONING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, R-3 MULTI -FAMILY
MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, TO
PERMIT A HEALTH CLINIC (MEDICAL OFFICE) FOR THE PROPERTY
LOCATED AT 1900 BRICKELL AVENUE, MIAMI, FLORIDA (THE "PROPERTY"),
ZONED R-3 MULTI -FAMILY MEDIUM -DENSITY RESIDENTIAL, PER PLANS ON
FILE, SUBJECT TO THE FOLLOWING CONDITIONS, ALL OF WHICH SHALL BE
INCLUDED IN A RECORDED COVENANT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY: (A) THE HEALTH CLINIC (MEDICAL OFFICE) SHALL BE
USED ONLY FOR CONSULTATION RELATING TO PLASTIC SURGERY; NO
MEDICAL OR SURGICAL PROCEDURES OF ANY FIND SHALL BE
PERFORMED ANYWHERE ON THE PROPERTY; (B) THERE SHALL BE NO
OVERNIGHT STAYS IN THE FACILITY; (C) THE CONSULTATION AT THE
HEALTH CLINIC (MEDICAL OFFICE) SHALL OCCUR BETWEEN TLIE HOURS
OF 9:00 A.M. TO 6:00 P.M. ONLY; (D) AT NO TIME MAY PROPERTY OWNER
MAKE ANY CHANGES TO THE EXTERIOR OF TLIE BUILDING OR THE SITE
PLAN WITHOUT PRIOR CITY COMMISSION APPROVAL AT A PUBLIC
HEARING, ALL EXPENSES OF WHICH SHALL BE BORNE BY THE PROPERTY
OWNER; (E) THE TITLE TO THE PROPERTY SHALL NOT BE TRANSFERRED
WITHOUT PRIOR APPROVAL OF THE COMMISSION AT A PUBLIC HEARING,
ALL EXPENSES OF WHICH SHALL BE BORNE BY THE PROPERTY OWNER; (F)
THERE SHALL BE NO MORE THAN THREE PERSONS EMPLOYED BY THE
HEALTH CLINIC (MEDICAL OFFICE): THE PROPERTY OWNER/PLASTIC
SURGEON, ON NURSE, AND ONE CLERICAL PERSON; (G) THERE SHALL BE
NO OVERFLOW PARKING ON THE GRASS; AND (H) PARKING AT THE
FACILITY SHALL BE LIMITED TO THE TWELVE (12) PARKING SPACES
PRESENTLY REFLECTED ON THE SITE PLAN, OF WHICH EIGHT SHALL BE
PAVED AND FOUR SHALL BE "TURF -BLOCK" (GRASS).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: Mayor Joe Carollo
ABSENT: None.
168 January 23, 1997
COMMENTS MADE DURING ROLL CALL:
Mayor Carollo: It really doesn't matter I guess which way I vote now, but the... There were a
lot of arguments that were made by the attorney representing the neighbors that did make sense
that are different from the legal question that I asked the City Attorney. But the basic contention
without taking up any more time because this has been approved regardless of how I vote, the
basic contention that I see is, that we're elected to represent the people of this City, at the same
time to be fair and it is very difficult for me. when I'm hearing that a neighborhood doesn't want
something, and there are certain issues that have been brought up that do make sense for me to
vote in favor of this request. Therefore, I vote no. OK, the item passes.
COMMENTS MADE AFTER ROLL CALL:
Ms. Dougherty: Thank you, very much.
----------------------------------------------------------------------------------------------------------------
58. DISCUSS / CONTINUE TO MEETING OF FEBRUARY 2.7, 1997, AGENDA
ITEM PZ-17 (APPEAL OF ZONING BOARD'S DECISION WHICH
GRANTED SPECIAL PERMIT FOR PROPERTY AT 2951 SO. BAYSHORE
DR., THE MUTINY -- FOR ATTORNEY TO OBTAIN DOCUMENTS.
Mayor Carollo: We're at the last item of the Zoning agenda and we're PZ-17 and PZ-18. We'll
watt for the room to clear before we begin.
Ms. Lourdes Y. Slazyk (Deputy, Director, CPR, Dept.): OK, PZ-17 is an appeal of Class II
permit for the Mutiny. I already gave a brief presentation. There is one additional comment I'd
like to make for the record. At the Zoning Board it was brought up by the appellant that the
plans that were presented to the City were missing the required loading. It appears after we...
the zoning section looked at the drawings that they were missing the loading. I pointed at the
zoning board level that a Class II special permit is not a building permit and when they come in
for a building permit they would have to comply with all zoning requirements. But being that
Class II is approved per plans on file and that the City Commission can uphold, deny or modify
the application, I would ask that, if they were going to approve this proposal in the end tonight
after all the arguments are presented, that they allow the modification to include the loading birth
since they are required by zoning anyway. Real quick just... This is a Class II special permit for
the Mutiny. It is to rehabilitate the building, to paint it, to fix it up and to use it as a residential
structure. It was previously a hotel which the parking that was required was only one space for
every two rooms. That is the reason for the increase in the size of the parking structure.
Because now it's a residential unit, it requires one to two spaces per units depending on the
number of bedrooms. And, the project now does comply with the parking as a residential
structure as proposed with a larger structure. I'll let the appellant and the applicant make their
presentations. I'll be here for any questions.
Commissioner Plummer: Let me ask a question, the permit that they are applying for, that would
be the other part of the "L"...
Ms. Slazyk: Yes.
Commissioner Plummer: ... as I would describe it. Is there a maximum height on that?
169
January 23, 1997
Ms. Slazyk: There is, yes. It is an SD-2 district which has a maximum height of 50 feet. Under
our zoning...
Commissioner Plummer: That would be five floors?
Ms. Slazyk: Five floors approximately, depending on how... your height between floors. But
you... one thing you can do in our zoning ordinances that this particular project, one of the
reasons it's taking so long for somebody to come in here and do something with the Mutiny, is
that it is one piece of property with four zoning classifications to deal with. The McFarlane
frontage is SD-2, and the South Bayshore frontage is an "O" with an SD-17 and an SD-19
overlay. That has scared off a lot of people from doing anything with this project.
Commissioner Plummer: Now that you've said all of that, answer my question.
Ms. Slazyk: There is a height limit.
Commissioner Plummer: What is the maximum height that the other part of the "L" could
attain?
Ms. Slazyk: All right, if they come in for a Class I special permit to develop...
Commissioner Plummer: I don't care what they come in for... What is the maximum under any
classification that they can come in for?
Ms. Slazyk: Two hundred and twenty feet.
Commissioner Plummer: Two hundred and twenty feet or 22 floors.
Unidentified Speaker: Under SD-17.
Commissioner Plummer: OK, I. The maximum is 22 floors.
Unidentified Speaker: Right, right.
Commissioner Plummer: That's what I needed to know. Thank you.
Ms. Lucia Dougherty: Mr. Mayor, members of the... Mr. Vice Mayor, I swear to tell the whole
truth and nothing but the truth so help me God, OK.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Dougherty: I do. Mr. Mayor, members of the Commission, Lucia Dougherty with offices at
1221 Brickell Avenue. Here today representing the property owners of the Mutiny. I am...
before my colleague and Mr. Cardenas goes, he has allowed me to make an objection for the
record. Mr. Cardenas or his appellant made four different reasons when he appealed. He files a
Notice of Appeal stating four different grounds. Anything outside of those grounds, because this
is an appeal of an appeal. Anything outside of those grounds, I don't think can be considered by
this Commission. I further more think that ...or would object to any evidence that is outside of
the foregrounds that is found in the Notice of Appeal and that's under your own ordinance that
states that. And furthermore, anything that he deals with that says that there is a violation of the
zoning ordinance should have been appealed to this zoning board of adjustment as an appeal of
administrative decision. Having failed to do so, he cannot bring it up at this time, it is a... He
170 January 23, 1997
R
i:f8h,
has failed to exhaust his administrative remedies under you own zoning code. So, with that
objection for the record, I would like to turn it over to Al Cardenas.
Mr. Al Cardenas: Thank you, thank you very much. For the record, my name is Al Cardenas
and I'm here oil behalf of the adjoining landowner Mr. Murray Diamond, whose property on
McFarlane directly adjoines to the Mutiny "L" shaped property. You have two items on the
agenda. The first item is our client's appeal of a special Class II permit which was issued. The
second item subsequent to this one, relates to a proposed second reading on a zoning ordinance
which we were... had the opportunity to he before you in a prior occasion. With respect to the
special Class II permit that we're appealing, I want to... at the outset bring something to your
attention to see how you wish to proceed from there. Basically, the City staff approved Jack
Luft with Lourdes Slazyk's signature on his behalf, a final decision of a special Class II permit.
That final decision was appealed from... by my client. We came before the Zoning Board at that
time and we're number, let's say, coincidentally just for the record you have before you, a list of
exhibits, and all the written documents, exhibits are with you and we obviously made that part of
the record. A copy was given to the City Clerk as well and we also named exhibits which we
have with us and they're also part of the record and also to preserve the record obviously we'd
like to make all of the previous proceedings before the Zoning Board and elsewhere as part of
the record of this particular appeal. Basically, at that time we went before the Zoning Board and
we said "Look, we've taken a look at these plans. Basically, what happened here is, you have a
177-unit conversion from a hotel to a condominium project." Staff has correctly taken the
position that once you converted the use of the property from a hotel to a condominium
residential use, you lose the right to have this property grandfathered. Or in other words be in
nonconforming use. And so because of that, staff' correctly stated that instead of one hundred
eighty something parking spaces that were on site at the time, in order to comply with the zoning
code criteria, the applicant needed to have 233 parking spaces. At that time, and during this
presentation, we'll show you why, maybe tile, 233 parking spaces, maybe it could be as high at
245, depending on whether floor plans which they described as dens are really bedrooms. But
assuming, that's a secondary issue, a valid issue and we're placing it on the record. But
assuming they really only need 233 parking spaces, they have as you know, surface parking
adjoining the Mutiny on the north side and on the west side. And then in addition to that, they
have a 2-story parking structure which staff takes a position that we disagree on. That is, that it
is a nonconforming parking garage. Our position legally and we stated that on the record is that
once you change the nature of the condominium project the parking garage needs to conform
with code requirements which meets your Off-street parking guidelines. Staff disagreed with
that and said "well we, you know, we considered that all of the spots that they've shown us, they
have 183 parking spaces." And in addition to that, they're proposing to add two additional levels
to the parking garage making it a 4-story parking garage which likewise the new construction
doesn't comply with the parking guidelines either. Which as you know is making a
nonconforming use being further nonconformance. And so staff stated that yes, they've reached
the magic 233 parking space requirement number. We told staff at that time of all of the
violations of the parking guidelines, whether it was width, length, ramp degrees, the fact that
they had no loading space. We went on, and on, and on. Handicapped, lack of handicapped
spaces, which we'll do today. The architect's here to go over that. But at that point in time, for
the very first time, Lourdes Slazyk on behalf of the City said "well, we waived the Off-street
Parking guidelines." And so, and that was part of the record, and that was stated before the
Zoning Board voted. So, my comments to you, before beginning our presentation in case you
want to consult with the City Attorney, in case you may want to consider this at a later date, is
the following, and that is, we have a requirement. You have a statutory requirement that calls for
all of these items to be. We've got a statutory requirement pursuant to Section 1305 of the
zoning ordinance and that's in your packet, that requires that when issuing a Class II - Special
Permit, City agencies and hoards must make written findings and determinations reflected
specifically in the record, didn't say verbally after the fact, it said written findings concerning
certain enumerated factors and these factors applicable in Section 1305 of your zoning
171 January 23, 1997
N
ordinance relate to Off-street Parking items. And so, my point to you was staff had to, in the
final decision document authorizing the Class II permit, they had to state, they legally had to,
they didn't have, I don't think they had any discretion. They had to state that they were waiving
the parking, Off-street guidelines and then they had to set forth which of those guidelines they
were waiving. And the answer, the reason is very simple. One, you had to follow the mandate
of the ordinance and that's not discretionary, they tell you that you have to do it in writing. And
number two, from a due process standpoint, how in the world is anybody going to appeal on a
timely basis from this final decision Class II permit based on waiver of parking guidelines, if
they don't know the parking guidelines have been waived? And so that was a very basis due
process argument that we think, you know, they either on it face have a valid, special Class II
permit or they don't. And I think that the City Attorney needs to give you a response with
respect to that. And if they're not prepared to do that today, I'm willing to wait, but I don't think
you need to get off the starting gate without that particular response from the City Attorney.
Number two, you have a second legal position and that is, what we stated at the Zoning Board
and what we'll state here factually during our... during these proceedings is that, is the following.
And that is, the reason why staff said that they were waiving the parking requirements which
frankly, I didn't know staff was allowed to waive parking requirement guidelines. The reason
why staff said that they were allowed to do that is because this Commission, this Commission
passed an ordinance. And that ordinance was number 11386. Sometime in 1996, and that
ordinance which you passed allegedly, according to Ms. Slazyk, authorized them to waive the
parking guidelines by a special Class II permit. We proceeded to spend three weeks requesting a
copy of the ordinance at every single department, of the City Attorney's office in writing; we
requested of the City Clerk's office, of staff. I don't want to get too far field, there's a letter in
your package which states precisely how we went about trying to get a copy of the ordinance.
We were refused a copy of the ordinance on the grounds that until the Mayor signs the ordinance
we're not entitled to a copy of it, and that's in your package. And so, you're leaving us with a
due process problem of how do we appeal a department after the fact verbal statement that they
had a right to waive guidelines pursuant to an ordinance that was passed unless we had a right to
take a look at the ordinance to gage whether legally indeed had been given that right by you or
not. As I stand here before you today, I have not been allowed to receive a copy of that
ordinance which in essence deprives me of my ability to properly represent the client. And so
that's a second legal technical at the outset of this appeal. And the...
Mayor Carollo: Al, if you can hold on for a minute? Mr. City Attorney, in any of the things that
he said, would it be advisable for the City to defer this for another meeting so that he has
everything that he's asked for, so that he cannot have any real standing in any appeals?
Mr. Joel Maxwell: Well, he's made several points and item three that readily comes to mind, I
can address, Mr. Mayor. The last point regarding the unavailability of an ordinance of an
ordinance, I really can't understand why he would have been told that. Under Chapter 119, he's
entitled to a copy of the ordinance...
Mr. Cardenas: That's right, that's right.
Mr. Maxwell: ... whether it's signed or not and the affixing of the Mayor's signature at this
particular point is purely ministerial.
Mr. Cardenas: That's precisely right.
Mr. Maxwell% So, under Chapter 119, he should have been able to get that.
Commissioner Plummer: Well, why don't you ask him who denied him?
172 January 23, 1997
Mr. Cardenas: Well, I have here a letter... If you will turn to exhibit in your packets, if you will
turn to exhibit number 12A. The letter precisely, chronologically states the efforts undertaken by
the firm to obtain a copy of the license, of the ordinance.
Mr. Maxwell: All right. Second, the question regarding... This one here, whether or not guides
and standards would apply here of whether or not there would be a waiver is a question that
would be addressed at the Planning Department. Mr. Cardenas' point there is only relevant, if in
fact, guides and standards were... a waiver was required...
Mayor Carollo: All right, sure. `
Mr. Maxwell: ... and I don't... It maybe that that never was an issue and they can tell you so.
Mayor Carollo: Commissioner Hernandez.
Commissioner Hernandez: Mr. Mayor, based on the statements made by Mr. Cardenas, just as a
matter of due process, the statements made by our City Attorney, I move to defer to this item to a
further future date.
Ms. Lucia Dougherty: Mr. Mayor. Mr. Mayor.
Mayor Carollo: Hold on, please? Is there a second to the motion?
Commissioner Plummer: Yeah, for purposes of discussion...
Mayor Carollo: OK.
Commissioner Plummer: ... I'll definitely -second the motion.
Mayor Carollo: All right, for purposes of discussion there is a second to the motion. Discussion
from the Commission.
Commissioner Plummer: Well, I'd like to hear from Mr. Hernandez who is a lawyer as to what
validity you think the comments that were made, are you coming from an... because I didn't here
Joel give a definitive "yes" or "no." And that's what I was waiting for when...
Commissioner Hernandez: Well, I worked with Mr. Maxwell. Mr. Maxwell, I believe is
probably one of the attorneys in the City Attorney's office that knows Chapter 119 the best.
He's given seminars that I know of. Any document that comes into the hands of the City of
Miami is a public document.
Commissioner Plummer: Well, I agree.
Commissioner Hernandez: If this gentleman was not given an opportunity to see a copy of an
ordinance whether it was passed or not, and he needs to see a copy of the ordinance to properly
represent a client, I think he's got proper grounds to appeal this whole process. And in order to
save us some time and energy and effort, I think it's proper for us to give him a deferral.
Commissioner Plummer: Mr. Joe... Mr. Maxwell, do you agree with Mr. Hernandez?
Ms. Dougherty: Excuse me.
Mr. Maxwell: Well, he's absolutely...
173 January 23, 1997
Commissioner Plummer: Call the roll.
Mr. Maxwell: He's absolutely correct that he's entitled to it.
Commissioner Plummer: Call the roll.
Mr. Maxwell: The question is whether or not...
Commissioner Hernandez: Call the roll.
Ms. Dougherty: Mr. Mayor.
Mayor Carollo: Hold on, this gentleman wants to say something. You need to come up here, sir.
You need to get sworn in and give you name and address.
Mr. Dougherty: Mr. Mayor, members of the Commission while he's coming up, may I just
suggest something? He wanted a copy of the ordinance allowing for the waiver of guides and
standards. The guides and standards were never waived. We complied. So, it's completely
irrelevant to these proceedings.
Mayor Carollo: All right, hold on. Can you swear this gentleman in please?
Mr. Manuel Cadavid: Can I speak? My name is Manuel Cadavid.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Cadavid: So help me God. My name is Manuel Cadavid, I live in Yacht Habour in
apartment 8F. Mr. Mayor, Commissioners, I have been sitting here like you for a long time
today and before you dismiss the case, I'd like to have the opportunity to enlighten you with
something that is preoccupying a lot of people...
Commissioner Plummer: Sir, you can only speak to the motion that is on the floor which is for
deferral.
Mayor Carollo: Thank you.
Mr. Cadavid: Yes, but the deferral if... what I was trying to tell you, is you're going to defer
something. I'd like to have the opportunity to say something as a citizen.
Commissioner Plummer: If the motion fails you'll have every right to speak all you want. If the
motion passes, you'll have that right at the next hearing.
Mr. Cadavid: Yeah, but maybe I won't be here the next meeting.
Commissioner Plummer: Well...
Mr. Cadavid: That's why I'm here today and I'd like to have the opportunity to express my
feelings to you and I think you should have the time to give me two minutes to express my
feelings.
Mayor Carollo: I'm going to rule that he's got two minutes as he's asked.
174
January 23, 1997
w�tr� (may
Commissioner Plummer: Fine.
Mayor Carollo: Can you put the clock on, please? OK.
Mr. Cadavid: Yes. OK, what I'd like to explain to you is that the issue that is more important
here is that when people are applying here for permissions and you're granting small permissions
and affecting other permissions like Mr. Plummer asked, is how many floors can he build in the
parking if you grant another permission, another permission, it comes out to 22 floors. And
obviously Mr. Mayor and Commissioners if you're.. and somebody... If you're living here and
you have that view of that Coconut Grove and somebody puts a building and you live in 8F,
you'll he able to see Coconut Grove like this. If you're one of my neighbors who lives on
apartment 8E, you'll look at Coconut Grove like this, with this building there. And if you're
lucky and you live in apartment 8D, you'll see this, plus this, plus this. So, what we'll like to...
what I'd like to ask you as a citizen is, to reissue not only what they're asking for but say, what
do you want to do here? What do you finally want to accomplish here? Do you want to ask us
for the parking, and then after we grant you that, you're going to say we granted ,you that so now
you could get a 22 floor building? So, why don't they come with a final proposal so you can all
look at it and make a conclusion? It will be a lot easier for all of us. If he wants a 22 floor
building there, so let hitn come and say it, not rumors. If you just want this and this, let him
come and say it, because you know, we're coming; and coming, and we haven't formed a
committee against it but if we have too, we will. We're in good faith, we Just want to know what
is his final objection here? What does he want to get to, to a 22 floor building here? Is that what
you gentlemen would like to see there? And if that's the case, then you know, we don't have to
come here anymore. Because, if that's what you want in Coconut Grove with revenues, and so
we... 'Thank you for your time.
Mayor Carollo: Thank you. - Commissioner Plummer has called the question. Call the roll
please?
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-74
A MOTION TO CONTINUE TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR FEBRUARY 27, 1997, AGENDA ITEM PZ-17 (APPEAL OF
ZONING BOARD'S DECISION WHICH GRANTED A CLASS II SPECIAL PERMIT
FOR PROPERTY AT 2951 SOUTH BAYSHORE DRIVE (THE MUTINY) IN ORDER
THAT THE ATTORNEY FOR THE APPELLANT MAY HAVE TIME TO OBTAIN
ALL NECESSARY DOCUMENTS.
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 Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: Do you have to set a date certain? February? What? Twenty-seventh,
175 January 23, 1997
Commissioner Gort: The last time we were here 1 requested from the department to come out
with a specific, what's going to take place. I agree with this gentleman here? We'd like to know
what the whole thing is going to be about? What the program can produce? What can be done,
what cannot be done? Thank you.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mister. Hold on, Mr. Cardenas, I sincerely
apologize. I do recall receiving your letter but I was informed by my staff that you wanted an
executed copy...
Mr. Cardenas: No.
Mr. Jones: ... and I just assumed that it... certainly, I will make sure you get a copy tomorrow
morning.
Mr. Cardenas: Well, I appreciate it and I have no hard feelings. I just... It's hard to present a
case without the document of which they're basing their rationale. But, I believe we asked for a
copy not... OK, but I understand, I appreciate. There's just one bookkeeping item, we had also
forwarded a letter, the copy which is also in your exhibits to the Zoning Director on the...
Commissioner Plummer: Deferred. Was the matter not deferred, Mr. Mayor?
Mr. Jones: Yes.
Mr. Cardenas: Yes.
Mayor Carollo: Yes, it is Commissioner.
Commissioner Plummer: OK. t
t
1
Mayor Carollo: Thank you, Al. I appreciate it.
Mr. Cardenas: Yes.
Commissioner Plummer: Move it gentlemen.
----------------------------------------------------------------------------------------------------------------
59. RESCHEDULE COMMISSION MEETING OF FEBRUARY 13, 1997 TO
FEBRUARY 20, 1997 TO BEGIN AT 8 A.M.
-----------------------------------------------------------------------------------------------•-----------------
Commissioner Hernandez: Mr. Mayor, one more thing.
Mayor Carollo: We've gut a couple of items.
Commissioner Hernandez; No, it's not an item, it's just a... This morning I was given a
resolution to reschedule the City Commission meeting of February 13th from 9:00 a.m. to 8:00
a.m. I'd like to... I'm not going to be present here in Miami, February 13th and I wanted to
know if there was any obstacle or any objection to moving the meeting to the 20th of February
instead of the 13th.
Mayor Carollo: OK, there's a motion.
176 January 23, 1997
Commissioner Plummer: I can't answer that, but tentatively would say "yes."
Mayor Carollo: OK, tentatively "yes."
Commissioner Plummer: If not we will bring it back.
Mayor Carollo: Now, you've got three of us over here. (phonetic) OK, tentatively we'll say
yes.
Commissioner Plummer: Yeah. If anybody objects then it goes back to the 13th.
Mayor Carollo: All right, there's a motion.
Unidentified Speaker - (inaudible)
Mayor Carollo: Excuse me.
Unidentified Speaker (inaudible)
Mayor Carollo: We have to get back to that. We have to defer item 18.
Commissioner Plummer: Yeah.
Unidentified Speaker: (inaudible)
Mayor Carollo: Yeah. And we'll defer item-18 also in a minute.:=Thank you; we appreciate it.
Commissioner Plummer: ... Companion with the other one.
Mayor Carollo: OK, all in favor signify by saying "aye."
The Commission (Collectively): Aye. f
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-75
A MOTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF FEBRUARY TO TAKE PLACE ON FEBRUARY 20, 1997 AT 8 A.M.
(Note for the Record: This resolution passed subject to there being no objections from
any member of the Commission after checking their schedules.).
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177 January 23, 1997 '
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 Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
---------------------------- -----------------------------------------------------------------------------------
60. DISCUSS / CONTINUE TO MEETING OF FEBRUARY 27, 1997, AGENDA
ITEM PZ-18 (PROPOSED ORDINANCE TO AMEND 11000 TO PROVIDE
DEVELOPMENT BONUSES FOR SD-17 SO. BAYSHORE OR OVERLAY
DISTRICT BOUNDED BY McFARLANE ROAD SOUTH BAYSHORE,
MARY ST., PORTION OF GRAND AVE.)
Mayor Carollo: OK, let's handle item 18. A motion to defer item 18 also, by Commissioner
Hernandez.
Commissioner Plummer: Second.
Mr. A. Quinn Jones, III, Esq. (City Attorney): A motion to continue.
Mayor Carollo: Second by Commissioner Plummer. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Gort: To continue to the 27th.
Mayor Carollo: A date to be... Yeah.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-76
A MOTION TO CONTINUE TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR FEBRUARY 27, 1997, AGENDA ITEM PZ-18 (PROPOSED
ORDINANCE TO AMEND ORDINANCE 11000 TO PROVIDE FOR
DEVELOPMENT BONUSES FOR SD-17 SOUTH BAYSHORE DRIVE OVERLAY
DISTRICT BOUNDED BY MCFARLANE ROAD, SOUTH BAYSHORE DRIVE,
MARY STREET AND PORTIONS OF GRAND AVENUE).
IRV
January 23, 1997
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 Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
61. GRANT WAIVER OF PROHIBITION (SEC35-5 OF CODE) -- FOR FILMING
OF "LAWLESS" ON 1/24/97 AND FIVE OTHER DATES, WITH
CONDITIONS.
Mayor Carollo: I have a resolution here that is a resolution granting the waiver of the
prohibition containing Section 35-5 of the Code of the City of Miami, Florida. It's an
amendment to permit Belinda Productions, Inc. to stage displays and perform other activities
relating to the filming of "Lawless" on January 24, 1997. Further granting a waiver set forth for
five additional dates for activities related to the filming of "Lawless" which dates must be
approved by the City Manager and set waiver condition upon Belinda Productions obtaining all
permits required by law providing insurance in the amounts and types required by the City,
providing notice to the owners and businesses adjacent to the area in which the activity shall take
place and such other conditions as maybe reasonably imposed by the City Manager.
Commissioner Plummer: I have to ask a question. Number one, does this have anything to do
with the same people in Speed II?
Mayor Carollo: No.
Commissioner Plummer: OK, number two. Are these people willing to put up all monies due to
the City in advance?
Mayor Carollo: You can make that part of the motion if you like, Commissioner.
Commissioner Plummer: Number three, are any of these activities to take place in a residential
area?
Mayor Carollo: I...
Commissioner Plummer: If so, out of the five appearances only, one per residents. During
daylight hours.
Mayor Carollo: OK, hold on. This will be at Virginia Key Fishing Village.
Commissioner Plummer: That should be no problem.
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January 23, 1997
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Mayor Carollo: And...
Ms. Charlene Watkins (Senior Policy Advisor): We have the people themselves right here.
Mayor Carollo: Oh, I am sorry. The producers are here themselves. They could answer all this
for you.
Mr. Fabio Arber: Hello, my name is Fabio Arber. I'm a City of Miami resident. I live at 171.7
North Bayshore Drive. I'm the location manager on the show. To answer Commissioner
Plummer's question, it's not in a residential area, what we're doing tomorrow night is on the
Miami River in a Brickell shipyard which is a commercial area. The one that we're doing in
Virginia Key is over at the old S.W.A.T.T. park which is during the day. The one tomorrow, is
at night.
Commissioner Plummer: You know the noise ordinance prohibits any excess noise after eleven?
Mr. Arber: Right. And what we're asking to ensure the affect to be as safe as possible, if we
need tomorrow night to go past 11 o'clock. if we can go at least till midnight or 1:00 a.m. But
we're trying, we are almost probably going to do it before 11 o'clock.
Commissioner Plummer: I have no problem with midnight and nothing beyond.
Mayor Carollo: OK.
Commissioner Plummer: And all fees that are owed the City are paid in advance.
MT. Arber: OK, I don't think that'll be a problem. This is backed by Columbia Tri-star and we
can... What we can do is, we can place a deposit with the City if that will help. I worked with
the Police Department for 12 years and I've always paid them in a timely fashion, a week, a
week and a half after officers have worked. Location fees are usually paid upfront when you
enter a location. We're planning to use some of the City property and we can definitely do that.
Commissioner Plummer: Mr. Mayor did you make the motion?
Mayor Carollo: I made the motion, yes.
Commissioner Plummer: Second.
Mayor Carollo: Second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: OK.
180 January 23, 1997
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The following resolution was introduced by Mayor Carollo, who moved its adoption:
RESOLUTION NO. 97-77
A RESOLUTION (Pending the Law Department.)
(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 Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
----------------------------------------------------------------------------------------------------------------
62. DIRECTION TO CITY ATTORNEY: BY COMMISSIONER PLUMMER TO
PURSUE COLLECTION OF $27,000 OWED BY PRODUCERS OF "SPEED II"
FILM.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I would like to ask at this time to make a motion that the City
Attorney's office go after without any hesitation, reservation, "Speed II" to collect the twenty-
seven thousand dollars ($27,000) that they owe the City and stop at nothing short of bill
collecting.
Mr. Fabio Arber: Well...
Mayor. Carollo: All right, there's a motion.
Commissioner Plummer: And again, I want to say to you prior to that vote Joe. Anytime the
City negotiates with anybody for a fee, get it in advance.
181 January 23, 1997
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Mr. Arber: OK.
Mayor Carollo: Commissioner...
Commissioner Plummer: Because I'm tired of going after people after they owe us.
Mr. Arber: Could I? Sir, can I just make one statement about that?
Commissioner Plummer: I'm not talking about you.
Mr. Arber: No, no, I understand. I just want... My policy as location manager is always when
we enter a location to pay in advance. The Fire Department invoice us and they have the check
approximately a week later. The off -duty officers go on payroll and they get their checks a
week, a week and a half later. But all location fees or anything like that will be paid upon
entering the premises.
Commissioner Plummer: OK, fine. Do it without a motion.
Mayor Carollo: Yeah.
----------------------------------------------------------------------------------------------------------------
63. REQUEST PRESIDENT CLINTON CONTACT AMERICAN AIRLINES
MANAGEMENT / PILOTS UNION IN EFFORT TO RESOLVE
i DIFFERENCES.
Mayor CarolIo: One final resolution. A resolution requesting President Clinton to contact
American Airlines management and the pilots union in an effort to resolve their difference since
that is going to mean major dollars to this community if that strikes goes. It's moved by
' Commissioner Hernandez, second by Commissioner Regalado. All in favor signify by saying
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-78
A RESOLUTION URGING PRESIDENT CLINTON TO MAKE EVERY EFFORT TO
BRING ABOUT AN AGREEMENT BETWEEN AMERICAN AIRLINES AND THE
PILOTS UNION IN ORDER TO AVOID ANY POTENTIAL STRIKE, DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
PRESIDENT AND THE WHITE HOUSE CHIEF OF STAFF.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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182 January 23, 1997
Upon being seconded by Vice Mayor Regalado , the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
----------------------------------------------------------------------------------------------------------------
64. CITY MANAGER TO REVIEW POSSIBLE REINSTATEMENT OF
BENEFITS TO MEMBERS OF PENSION BOARDS -- MANAGER TO
PROVIDE RECOMMENDATION AT NEXT COMMISSION MEETING.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: That's it?
Mayor Carollo: There's a request here from Charlie Cox from AFSCME (American Federation,
State, County, and Municipal Employees). You want to deal with that?
i Commissioner Plummer: Oh, yes. Go ahead. Which one are you going to bring.
Mayor Carollo: Well, there's only...
Commissioner Plummer: There was... there was. Well, let me go on the record with this.
Mayor Carollo: Yeah, go ahead.
Commissioner Plummer: There were...
Mayor Carollo: One board.
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Commissioner Plummer: Well, there's actually three boards. The three boards that Mr. Charlie
of the General Employees Union have a concern about... Is Mr. Marquez here?
Mayor Carollo: No, he just left.
Commissioner Plummer: Ali, he did it intentionally. There is a great concern that predicated on
the changes which we made in the zoning, the pension boards and in Civil Service.
Mayor Carollo: No, pension boards only.
Commissioner Plummer: There's two of those.
Mayor Carollo: Pension boards only.
Commissioner Plummer: OK, two of them? Two of the pension boards, we are going to lose
some very fine people. And consideration should be given that the benefits that they formerly
183 January 23, 1997
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received should be continued so that we would be able to retain... eh? We'd be able to retain
those people on that board. I would ask the matter to be looked at by the City Manager and
report back to this Commission at the next Commission meeting.
Mayor Carollo: OK, there's a motion.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: OK.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-79
A MOTION INSTRUCTING THE CITY MANAGER TO REVIEW POSSIBLE
REINSTATEMENT OF BENEFITS TO MEMBERS OF THE PENSION BOARDS (1-
CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST, AND 2-CITY OF MIAMI FIRE FIGHTERS' AND POLICE
OFFICERS' RETIREMENT TRUST); FURTHER REQUESTING THE MANAGER
TO BRING THIS ISSUE BACK AT THE NEXT COMMISSION MEETING WITH A
RECOMMENDATION.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:11 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
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January 23, 1997
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