HomeMy WebLinkAboutCC 1997-02-27 MinutesCITY
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
4
INDEX
MINUTES OF PLANNING AND ZONING MEETING
February 27, 1997
ITEM SUBJECT LEGISLATION
NO.
1.
CLOSED SESSION TO THE PUBLIC
DISCUSSION
REGARDING PENDING LITIGATION:
2/27/97
POTTINGER V. CITY, CASE 88-2406.
2.
PRESENTATIONS / PROCLAMATIONS.
DISCUSSION
2/27/97
3.
(A DISCUSS / DEFER CONSIDERATION OF
M97-117
AGENDA ITEM 1A TO MEETING OF MARCH
2/27/97
20, 1997 (AUTHORIZE CITY MANAGER TO
REALLOCATE $1,774,232 OF UNEXPENDED
COMMUNITY DEVELOPMENT BLOCK GRANT
-_(CDBG) FUNDS -- FOR ELIGIBLE CITY
SPONSORED CDBG ACTIVITIES WITHIN
EIGHT (8) DESIGNATED TARGET AREAS --
TO ASSIST CITY WITH FISCAL
EMERGENCY) -- SEE LABEL 60.
(B) DISCUSS / DIRECT ADMINISTRATION TO
DETERMINE VALIDITY OF SOLID WASTE
FEE VIOLATIONS BEFORE ISSUING BILLS IN
ORDER TO AVOID ERRORS -- DIRECT
ADMINISTRATION TO DETERMINE VALIDITY
OF RETROACTIVE BILLING -- DIRECT
ADMINISTRATION TO TRAIN STAFF IN
PROPER CUSTOMER SERVICE AND
SUPERVISORY TECHNIQUES -- DIRECT
ADMINISTRATION TO STUDY FEASIBILITY
OF CHANGING CATCHALL INSPECTORS
CONCEPT CITYWIDE -- DIRECT
ADMINISTRATION TO CONSIDER
ORDINANCE SIMILAR TO DADE COUNTY'S
REGARDING ADMINISTRATIVE FEES AND /
OR LIENS ATTACHED TO LOT CLEARING
NOTICES -- FURTHER INCLUDE SAID
PROPOSAL IN RECOVERY PLAN.
4.
REPORT BY EDWARD TOLLIVER ON BEHALF
DISCUSSION
OF FINANCIAL OVERSIGHT BOARD
2/27/97
CONCERNING EVALUATION OF CITY'S
PROCUREMENT PRACTICES -- DIRECT
ADMINISTRATION TO EVALUATE CITY'S BID
PROTEST PROCEDURES & UNAUTHORIZED
PURCHASES.
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PAGE
NO.
3-28
28-34
F
5.
DISCUSS / DEFER CONSIDERATION OF
M 97-118 34-35
AGENDA ITEM 2 TO MEETING OF 3/20/97
2/27/97
(EMERGENCY ORDINANCE: AMEND
SECTION III OF ORDINANCE 11337,
CAPITAL -- IMPROVEMENTS
APPROPRIATIONS ORDINANCE, INCREASE
APPROPRIATIONS TO EXISTING CAPITAL
IMPROVEMENT PROJECT 322061 ENTITLED
"TOWER THEATER REHABILITATION" FROM
$1,302,800 TO $1,906,800, AN AMOUNT OF
$604, 000) .
6.
RATIFY CITY MANAGER'S FINDING OF SOLE
M 97-119 35-37
SOURCE -- WAIVE COMPETITIVE BID --
2/27/97
APPROVE PURCHASE OF ON-LINE
COMPUTER SERVICES FOR RESEARCH OF
PUBLIC RECORDS FOR MIAMI POLICE
DEPARTMENT FROM DATABASE
TECHNOLOGIES, INC., -- ALLOCATE FUNDS
ACCT. CODES 001.000.290201.6.270
�$18,000,
$2,000]; 148002.29060-6.6.270 [$12,000];
[$4,000] 110063.290466.6.270).
7.
CONFIRM ASSESSMENT ROLL FOR
R 97-120 37-38
CONSTRUCTION OF SOUTH FLAGLER
2/27/97
SANITARY SEWER IMPROVEMENT,
DISTRICT SR-5540-C.
8.
(A) FIRST READING ORDINANCE: AMEND
ORDINANCE 38-39
SECTION 62-61 OF CODE: "SCHEDULE OF
FIRST
FEES;" INCREASE VARIOUS FEES SET
READING
FORTH IN SAID PLANNING AND ZONING
2/27/97
MATTER RELATED FEE SCHEDULE.
(B) COMMENTS BY VICE MAYOR REGALADO
REGARDING LACK OF EFFICIENCY OF
ZONING APPLICATION PROCESS.
9.
ACCEPT BIDDERS FOR PLACEMENT ON
R 97-121 40-41
QUALIFIED BIDDER'S LIST -- FOR
2/27/97
FURNISHHING LOT CLEARING SERVICES --
FOR COMMUNITY DEVELOPMENT/NET:
KEMP SERVICES INC., J.L.C. OF MIAMI
CORP., A. SUAREZ LAWN SERVICE, OCEAN
CROWN ENVIRONMENTAL INC., SOUTH
FLORIDA MAINTENANCE SERVICE, INC.,
PAINT PERFECT, INC., J.R. ALVAREZ LAND
CLEARING, TRIPLE C INC., TUNJOS
TRADING 'CO. INC. -- ALLOCATE FUNDS
($120,000 FROM ACCT. CODE 452222-940-
799229; $20,000 FROM ACCT. CODE 251113-
205-145001).
10.
REQUEST TRANSFER OF JURISDICTION OF
R 97-122 42
FLAGLER STREET FROM STATE OF
2/27/97
FLORIDA CONTROL TO CITY OF MIAMI --
FOR STREETSCAPE IMPROVEMENTS FOR
THE FLAGLER MARKETPLACE PROJECT.
_j
ii. CLASSIFY SURPLUS OFFICE FURNITURE R 97-123
FROM DUPONT PLAZA OFFICE BUILDING AS 2/27/97
CATEGORY "A" SURPLUS STOCK --
FURTHER DONATE SAME TO TWELVE NOT -
FOR -PROFIT CITY OF MIAMI COMMUNITY
AGENCIES.
12. ACCEPT BID: EVACO, INC., -- FOR PRINTING R 97-124
AND BINDING OF COMPREHENSIVE 2/2-1/97
ANNUAL FINANCIAL REPORT -- FOR
GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE / GRAPHIC REPRODUCTIONS
DIVISION --' ALLOCATE FUNDS ($21,000,
ACCT. CODE 420501-680).
43-44
45-46
13.
EXTEND MARTIN'S LAMAR UNIFORMS
R 97-125
47
CONTRACT -- FOR POLICE UNIFORMS /
2/27/97
LEATHER GOODS -- ALLOCATE FUNDS
($50,000, ACCT. CODE 001000.290.201.6.075).
14.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
47-51
CHAPTER 30 OF CODE, "LEISURE SERVICES
11447
AND RECREATION" -- ADD / DELETE
2/27/97
DEFINITIONS; FURTHER ' GRANT CITY
MANAGER AUTHORITY TO
ESTABLISH/ADJUST FEES.
15.
ACCEPT LIST OF TWELVE NAMES FOR CITY
R 97-126
52-54
OF MIAMI SCHOLARSHIP NOMINATIONS
2/27/97
FOR 1997-1998 ACADEMIC YEAR AT
UNIVERSITY OF MIAMI.
16.
PERSONAL APPEARANCE: JOHN A.
M 97-127
54-60
BRENNAN -- TO REQUEST REPLACEMENT
2/27/97
OF ROOF ON THE VIRRICK GYM. --
PROCEED WITH CONSTRUCTION BIDS FOR
RENOVATION OF PRIMARY HANGAR
STRUCTURE.
17.
DIRECTION TO ADMINISTRATION BY
DISCUSSION
60
COMMISSIONER PLUMMER TO HAVE
2/27/97
STATUS REPORT FORWARDED TO CITY
COMMISSIONERS REGARDING MELREESE
GOLF COURSE.
18.
DISCUSS / TABLE TO LATER IN MEETING
DISCUSSION
61-63
POSSIBLE REINSTATEMENT OF BENEFITS
2/27/97
FOR MEMBERS OF BOTH PENSION BOARDS
(GENERAL EMPLOYEES & SANITATION /
FIRE & POLICE RETIREMENT TRUSTS) --
SEE LABEL 25.
19.
PRESENTATIONS / PROCLAMATIONS.
DISCUSSION
63
2/27/97
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20.
A. COMMENTS FROM COMMISSIONER
DISCUSSION 63-64
PLUMMER ON TRAFFIC CONGESTION THAT
2/27/97
COULD RESULT FROM NEW HOTEL BEING
BUILT IN MIAMI BEACH. -- REQUESTS
ADMINISTRATION TO SEND LETTER TO
MIAMI BEACH CITY HALL ADDRESSING
SUCH CONCERNS -- DISCUSSION.
B.INQUIRY TO ADMINISTRATION BY VICE
MAYOR REGALADO AS TO WHY AGENDA
ITEM REGARDING NOISE LEVELS AT MIAMI
INTERNATIONAL AIRPORT WAS
WITHDRAWN -- DISCUSSION.
21.
(A) INSTRUCT CITY ATTORNEY TO DRAFT
M 97-128 64-67
LEGISLATION TO ADOPT INTENT OF 1993
R 97-129
HOUSE BILL TO REVOKE OR REFUSE TO
2/27/97
RENEW LICENCES TO
INDIVIDUALS/BUSINESSES/ENTITIES i
PARENT COMPANY DOING BUSINESS WITH
CUBA -- FURTHER, DIRECT CITY ATTORNEY
TO DRAFT LEGISLATION ENSURING CITY
FOLLOWS FEDERAL / STATE LAWS IN
CONNECTION WITH CUBAN EMBARGO.
(B)URGE FEDERAL GOVERNMENT TO
ENFORCE TRAVELS TO CUBA LAWS, I.E.,
CUBAN EMBARGO / TORRICELLI / HELMS-
_ BURTON ACT.
22.
APPROVE -ESCROW AGREEMENT WITH
R 97-130 67-69
STATE OF FLORIDA -- CITY TO DEPOSIT
2/27/97
FUNDS PURSUANT TO ADOPTED
SCHEDULE TO START RECOVERY OF
FINANCIAL RATING WITH CREDIT MARKET --
DISCUSS SELECTION OF ESCROW AGENT
BY OVERSIGHT BOARD -- SEE LABEL 24.
23.
DISCUSS / DEFER CONSIDERATION OF
M 97-131 69-70
BUSINESS POINTS RELATED TO
2/27/97
FIREHOUSE FOUR, LLC, CONTRACT TO
MEETING OF MARCH 20, 1997.
24.
CONTINUE DISCUSSION OF ESCROW
DISCUSSION 71
AGREEMENT WITH STATE -- MAYOR
2/27/97
CAROLLO STATES THAT PROPOSED
RESOLUTION DEVIATES FROM ORIGINAL
PROVISIONS OF INTERGOVERNMENTAL
AGREEMENT WITH STATE -- SEE LABEL 22.
25.
CONTINUE DISCUSSION -- RESTORE
R 97-132 72-74
STIPEND TO CIVIL SERVICE
2/27/97
BOARD/GENERAL EMPLOYEES' /
SANITATION / FIRE / POLICE RETIREMENT
TRUSTS BOARD MEMBERS --
RETROACTIVE FROM JANUARY 1, 1997 TO
APRIL 15, 1997.
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26.
APPROVE ENGAGEMENT BY MIAMI SPORTS
R 97-133 74-77
& EXHIBITION AUTHORITY OF SHAPO /
2/27/97
FREEDMAN & FLETCHER, P.A. -- FOR TITLE
SERVICES FOR PURCHASE OF MIAMI
ARENA LAND -- ALLOCATE FUNDS, NOT TO
EXCEED $25,000, FROM MSEA'S
PROFESSIONAL SPORTS FRANCHISE
FACILITIES GRANT.
27.
APPROVE PROPOSAL FOR SUBSTANTIAL
R 97-134 77-83
MODIFICATION OF MIRACLE CENTER
2/27/97
MAJOR USE SPECIAL PERMIT BY ADDING
RETAIL SPACE -- SIGNIFICANTLY ALTERING
ITS EXTERIOR / INTERIOR
CONFIGURATION -- LOCATION: 3301-3305
CORAL WAY -- APPLICANT: DENNIS AMOILS
FOR MIRACLE CENTER ASSOCS.
28.
DISCUSS / CONTINUE CONSIDERATION OF
M 97-135 84-100
AGENDA ITEM PZ-2 (APPEAL OF A ZONING
2/27/97
BOARD DECISION WHICH DENIED A
VARIANCE AS LISTED IN ORDINANCE NO.
11000, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, R-1 -SINGLE-
FAMILY RESIDENTIAL, -- TO PERMIT
STRUCTURE WITH SIDE SETBACK OF 2.75'
(5'-0" REQUIRED) FOR EXISTING ADDITION
TO SINGLE-FAMILY HOME; ZONED R-1
SINGLE-FAMILY RESIDENTIAL. -- LOCATION:
1746 S.W. 11 STREET -- APPLICANT:
MARTHA VALVERDE) UNTIL MAYOR
CAROLLO VISITS SITE AND SURROUNDING
AREAS TO DETERMINE USE -- FURTHER,
PROCEED TO TAKE CASE TO CODE
ENFORCEMENT BOARD BUT HOLD FINES IN
ABEYANCE UNTIL FINAL DETERMINATION
BY CITY COMMISSION.
29.
BRIEF COMMENTS BY COMMISSIONER
DISCUSSION 101-102
GORT & MAYOR CAROLLO REGARDING
2/27/97
ALTERNATIVES EXPLORED BY OTHER
MUNICIPALITIES TO HAVING GARBAGE
FEES -- SEE LABEL 3B.
In
30. GRANT SPECIAL EXCEPTION REQUIRING
CITY COMMISSION APPROVAL AS LISTED IN
ORDINANCE 11000, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT
REGULATIONS, -- PERMIT AN INCREASE IN
CLIENTS TO AN EXISTING COMMUNITY
BASED RESIDENTIAL FACILITY FROM
THIRTY-NINE (39) CLIENTS TO NINETY-SIX
(96) CLIENTS WITH A REDUCTION OF OFF-
STREET PARKING FROM FIFTY-TWO (52)
REQUIRED TO TWELVE (12) PROVIDED;
ZONED G/I GOVERNMENT AND
INSTITUTIONAL -- LOCATION 800-820 N.W.
28 STREET -- APPLICANT: CITY OF MIAMI /
BETTER WAY OF MIAMI, INC.
31. DISCUSS / TABLE TO LATER IN MEETING
CONSIDERATION OF PZ4 (OFFICIAL
VACATION AND CLOSURE OF A PUBLIC
RIGHT-OF-WAY, BEING A PORTION OF N.E.
BAYSHORE COURT BETWEEN N.E. 13TH
AND 14TH STREETS AND A PORTION OF
N.E. 14TH STREET BETWEEN N. BAYSHORE
DRIVE AND N.E. BAYSHORE COURT AND
SEVERAL EASEMENTS WITHIN PROPOSED
PLAT -- APPLICANT: KNIGHT RIDDER
NEWSPAPER, INC.) -- SEE LABEL 51.
32. '':-DISCUSS /- CONTINUE TO MEETING OF
MARCH 27, "1997 CONSIDERATION OF PZ5
(OFFICIAL VACATION AND CLOSURE OF A
PUBLIC RIGHT-OF-WAY, BEING THE ALLEY
RUNNING EAST TO WEST FROM S.W. 42
AVENUE TO S.W. 43 AVENUE BETWEEN
S.W. 7 STREET AND S.W. 8 STREET OF
TRAJUNE PARK SUBDIVISION. --
APPLICANT: ANTHONY ABRAHAM
CHEVROLET / RAYMOND & DOROTHY BALL
TRUST).
33. SECOND READING ORDINANCE: AMEND
CITY OF MIAMI FUTURE LAND USE MAP OF
THE COMPREHENSIVE NEIGHBORHOOD
PLAN -- CHANGE THE LAND USE
DESIGNATION AT APPROXIMATELY 3240
FLORIDA AVENUE, FROM "SINGLE FAMILY
RESIDENTIAL" TO "RESTRICTED
COMMERCIAL" -- APPLICANT: FARMER'S
MARKET•IN COCONUT GROVE.
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R 97-136
2/27/97
DISCUSSION
2/27/97
M 97-137
2/27/97
ORDINANCE
11448
2/27/97
102-105
106-110
'110-117
117-124
34. SECOND READING ORDINANCE: AMEND
CITY OF MIAMI FUTURE LAND USE MAP OF
THE COMPREHENSIVE NEIGHBORHOOD
PLAN -- CHANGE LAND USE DESIGNATION
AT APPROXIMATELY 7450 NORTH MIAMI
AVENUE, FROM MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL TO LIBERAL
COMMERCIAL. -- APPLICANT: ROLANDO
BLANCO.
35. SECOND READING ORDINANCE CHANGE
ZONING AS LISTED IN ZONING ATLAS OF
ORDINANCE 11000, ARTICLE 4, SECTION
401, SCHEDULE. OF DISTRICT
REGULATIONS, FROM R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL TO C-2
LIBERAL COMMERCIAL. -- LOCATION: 7450
N. MIAMI AVE. -- APPLICANT: ROLANDO
BLANCO.
36. SECOND READING ORDINANCE: AMEND
CITY OF MIAMI FUTURE LAND USE MAP OF
THE COMPREHENSIVE NEIGHBORHOOD
PLAN -- CHANGE LAND USE DESIGNATION
OF PROPERTY AT APPROXIMATELY 200
S.W. 13 STREET, FROM OFFICE TO
RESTRICTED COMMERCIAL. -- APPLICANT:
WALBRICK LTD.
37. SECOND READING ORDINANCE: CHANGE
OF ZONING AS LISTED IN ZONING ATLAS OF
ORDINANCE NO. 11000, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, -- FROM O-OFFICE TO C-1
RESTRICTED COMMERCIAL. -- LOCATION:
200 S.W. 13 STREET -- APPLICANT:
WALBRICK LTD.
38. SECOND READING ORDINANCE: CHANGE
OF ZONING AS LISTED IN ZONING ATLAS OF
ORDINANCE NO. 11000, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, -- FROM C-1 RESTRICTED
COMMERCIAL TO R-4 MULTIFAMILY HIGH -
DENSITY RESIDENTIAL.-- LOCATION: 669
DOUGLAS RD. & VACANT LOT ON S.W. 37
AVE. & 6 STREET. -- APPLICANT: FERNANDO
DARGELO & EVA PADRON & CLAUDIO
PADRON & ROLANDO & GISELA SANCHEZ-
MEDINA.
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ORDINANCE
11449
2/27/97
ORDINANCE
11450
2/27/97
ORDINANCE
11451
2/27/97
ORDINANCE
11452
2/27/97
ORDINANCE
11453
2/27/97
124-125
126-127
127-128
128-129
129-130
39. (A) DISCUSS / CONTINUE TO MEETING OF
MARCH 27, 1997 CONSIDERATION OF
AGENDA ITEM PZ-12 (PROPOSED FIRST
READING TO AMEND THE CITY OF MIAMI
FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN
BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY
LOCATED AT APPROXIMATELY 2989 S.W. 4
STREET, FROM SINGLE FAMILY
RESIDENTIAL TO TWO FAMILY
RESIDENTIAL).
(B) DISCUSS / CONTINUE TO MEETING OF
MARCH 27, 1997 CONSIDERATION OF
AGENDA ITEM PZ-13 (PROPOSED FIRST
READING TO CHANGE 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 4-2 TWO FAMILY
RESIDENTIAL -- LOCATION: 2989 S.W. 4
STREET -- APPLICANT: JORGE & FARIDA
GONZALEZ).
40. SECOND READING ORDINANCE: AMEND
ARTICLES 4, 9, AND 25 OF ZONING
ORDINANCE 11000, -- TO INTRODUCE NEW
USE CALLED "PHARMACEUTICAL
'LABORATORIES", -- TO CODIFY APPLICABLE
REGULATIONS FOR THEIR
IMPLEMENTATION -- TO PROVIDE
DEFINITION RESPECTIVELY -- APPLICANT:
COMMUNITY PLANNING & REVITALIZATION.
41. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000, 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: COMMUNITY PLANNING &
REVITALIZATION.
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M 97-138
2/27/97
ORDINANCE
11454
2/27/97
ORDINANCE
11455
2/27/97
131-132
132-133
133-134
42. (A) SECOND READING ORDINANCE: AMEND
ORDINANCE 11000, ARTICLE 4, SECTION
401 SCHEDULE OF DISTRICT REGULATIONS
CBD CENTRAL BUSINESS DISTRICT TO
REVISE EXISTING REGULATIONS FOR
SIGNAGE AND OTHER APPURTENANCES --
AMEND ARTICLE 25, SECTION 2502
SPECIFIC DEFINITIONS, TO REVISE AND
CLARIFY EXISTING DEFINITIONS FOR
SIGNAGE -- APPLICANT: COMMUNITY
PLANNING & REVITALIZATION
(B) REFER TO DOWNTOWN DEVELOPMENT
AUTHORITY PROPOSAL BY AK MEDIA TO
LIBERALIZE CITY'S SIGNAGE ORDINANCE.
43. SECOND READING ORDINANCE: 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: COMMUNITY
PLANNING & REVITALIZATION.
44. SECOND READING ORDINANCE: AMEND
CHAPTER 62 OF CODE, SECTION 62-61,
SCHEDULE OF FEES, IN ORDER TO
INTRODUCE A FEE FOR CERTIFICATES OF
COMPLIANCE IN -LIEU -OF CLASS II SPECIAL
PERMIT. -- APPLICANT: COMMUNITY
= ..PLANNING & REVITALIZATION.
45. DISCUSS / CONTINUE TO MEETING OF
MARCH 27, 1997 CONSIDERATION OF
AGENDA ITEM PZ-19 (SECOND READING
ORDINANCE TO AMEND ORDINANCE 11000,
AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, BY AMENDING 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 AND AMENDING ARTICLE
25, SECTION 2502 "SPECIFIC DEFINITIONS"
TO CLARIFY THE DEFINITION FOR "HEALTH
SPAS OR STUDIOS" -- APPLICANT:
COMMUNITY PLANNING & REVITALIZATION).
46. FIRST READING ORDINANCE: PROPOSAL
TO AMEND CHAPTER 62, OF CODE,
ARTICLE VI, ZONING AND PLANNING FEES --
TO INCREASE FEES FOR NONRESIDENTIAL
MAJOR USE SPECIAL PERMITS -- ADD NEW
FEES FOR CLASS II SPECIAL PERMIT TIME
EXTENSIONS -- FOR NON -SUBSTANTIAL
MODIFICATIONS TO 'CLASS II SPECIAL
PERMITS & SPECIAL EXCEPTION
PERMITS. -- APPLICANT: COMMUNITY
PLANNING & REVITALIZATION.
ORDINANCE
11456
2/27/97
ORDINANCE
11457
2/27/97
ORDINANCE
11458
2/27/97
M 97-139
2/27/97
ORDINANCE
FIRST
READING
2/27/97
134-137
137-138
138-139
139-140
140-141
47. FIRST READING ORDINANCE: PROPOSAL
TO AMEND ORDINANCE 11000, AMEND
ARTICLE 16 -- MODIFY PROVISIONS
REGARDING NON -SUBSTANTIAL
MODIFICATIONS -- INCLUDE PROCEDURES
TO ALLOW FOR SUCH MODIFICATIONS TO
AN APPROVED SPECIAL EXCEPTION
PERMIT -- APPLICANT: COMMUNITY
PLANNING & REVITALIZATION.
49. FIRST READING ORDINANCE: PROPOSAL
TO AMEND ORDINANCE 11000, AMEND
ARTICLE 15 -- TO ALLOW FOR ONE TIME
EXTENSION OF NO MORE THAN TWELVE
(12) MONTHS -- TO ADD PROCEDURES FOR
NON -SUBSTANTIAL MODIFICATIONS ON
APPROVED CLASS II SPECIAL PERMITS. --
COMMUNITY PLANNING & REVITALIZATION.
49. FIRST READING ORDINANCE: PROPOSAL
TO AMEND ORDINANCE 11000, ARTICLE 5,
SECTION 505 -- TO ADD NEW PROVISION
ALLOWING FOR REDUCTION OF UP TO
FIFTY (50 PERCENT IN SETBACK
REQUIREMENTS FOR PLANNED UNIT
DEVELOPMENT HOUSING PROJECTS FOR
LOW INCOME FAMILIES AND INDIVIDUALS
OR FOR THE ELDERLY BY SPECIAL
EXCEPTION PERMIT ONLY -- APPLICANT:
COMMUNITY PLANNING & REVITALIZATION.
50. SECOND READING ORDINANCE: AMEND
ARTICLE 4, SECTION 401 "SCHEDULE OF
DISTRICT REGULATIONS--, OF ZONING
ORDINANCE 11000, TO FURTHER RESTRICT
IMPLEMENTATION OF CERTAIN
CONDITIONAL PRINCIPAL USES IN THE R-3
MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL ZONING DISTRICT --
FURTHER, AMEND ARTICLE 25, SECTION
2502 TO CLARIFY CERTAIN DEFINITIONS
RELATED TO AFOREMENTIONED
CONDITIONAL PRINCIPAL USES. --
APPLICANT: COMMUNITY PLANNING &
REVITALIZATION.
51. TABLE TO LATER IN MEETING
CONSIDERATION OF AGENDA ITEM PZ4
(OFFICIAL VACATION AND CLOSURE OF A
PUBLIC RIGHT-OF-WAY, BEING A PORTION
OF N.E. BAYSHORE COURT BETWEEN N.E.
13TH AND 14TH STREETS AND A PORTION
OF N.E. 14TH STREET BETWEEN N.
BAYSHORE DRIVE AND N.E. BAYSHORE
COURT AND SEVERAL EASEMENTS WITHIN
PROPOSED PLAT) -- SEE LABELS 31 & 54.
ORDINANCE
FIRST
READING
2/27/97
ORDINANCE
FIRST
READING
2/27/97
ORDINANCE
FIRST
READING
2/27/97
ORDINANCE
11459
2/27/97
DISCUSSION
2/27/97
141-142
142-143
143-145
145-146
146-147
52. CONTINUE TO MEETING OF MARCH 27, 1997
CONSIDERATION OF AGENDA ITEM PZ-26
(AMEND ZONING ORDINANCE BY
AMENDING ARTICLE 6, SECTION 617, SD-17
SOUTH BAYSHORE DRIVE OVERLAY
DISTRICT, TO PROVIDE DEVELOPMENT
BONUSES, AS INTENDED BY THE DISTRICT,
FOR PORTION OF DISTRICT BOUNDED BY
MCFARLANE ROAD, SOUTH BAYSHORE
DRIVE, MARY STREET AND PORTIONS OF
GRAND AVENUE -- APPLICANT: COMMUNITY
PLANNING & REVITALIZATION.)
53. DENY APPEAL OF HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD
DECISION WHICH DENIED AN APPLICATION
FOR CERTIFICATE OF APPROPRIATENESS
FOR INSTALLATION OF MEDIAN AND GATES
ACROSS DRIVING LANES OF N.E. 55
TERRACE AT EASTERLY RIGHT-OF-WAY
LINE OF NORTH BAYSHORE DRIVE, WITHIN
MORNINGSIDE HISTORIC DISTRICT --
APPLICANT: PUBLIC WORKS.
54. (A) CONTINUE TO MEETING OF MARCH 27,
1997 CONSIDERATION OF AGENDA ITEM
PZ4 (OFFICIAL VACATION AND CLOSURE OF
A PUBLIC RIGHT-OF-WAY, BEING A
PORTION OF N.E. BAYSHORE COURT
BETWEEN N.E. 13TH AND 14TH STREETS
AND A PORTION OF N.E. 14TH STREET
BETWEEN N. BAYSHORE DRIVE AND N.E.
BAYSHORE COURT AND SEVERAL
EASEMENTS WITHIN PROPOSED PLAT --
APPLICANT: KNIGHT RIDDER NEWSPAPER,
INC.) -- SEE LABELS 31 / 51.
(B) COMMENTS BY VICE MAYOR REGALADO
REGARDING NET CHANNEL 9 BEING OFF
THE AIR FOR . PORTIONS OF CITY
COMMISSION MEETING.
M 97-140
2/27/97
R 97-141
2/27/97
M 97-142
2/27/97
147-149
149-163
164-171
y
55. GRANT / MODIFY APPEAL OF ZONING
R 97-143
BOARD DECISION WHICH DENIED APPEAL &
2/27/97
GRANTED CLASS II SPECIAL PERMIT
APPLICATION (96-3247) WITH CONDITIONS
BY DIRECTOR 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, 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 -- APPLICANT: MUTINY ON THE
BAY, LTD.
56. CONTINUE TO MEETING OF MARCH 27, 1997
M 97-144
AT 6:P.M., CONSIDERATION OF AGENDA
2/27/97
ITEM PZ29 ( APPEAL OF A ZONING BOARD
DECISION OF APRIL 22, 1996, WHICH
DENIED VARIANCES FROM ORDINANCE NO,
11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, R-1 SINGLE
FAMILY RESIDENTIAL, PERMITTED
PRINCIPAL USES, TO PERMIT TWO
STRUCTURES ALONG S.W. 4 AVENUE WITH
PROPOSED SIDE STREET SETBACKS OF 5'-
8" AND 3'-8" RESPECTIVELY (15'-0"
REQUIRED) ACCORDING TO ARTICLE 25,
SECTION 2502, SPECIFIC DEFINITIONS, TO
ADD A GARAGE AND A PORTE-COCHERE
TO AN EXISTING SINGLE-FAMILY
RESIDENCE; ZONED R-1 SINGLE-FAMILY
RESIDENTIAL).
57. AUTHORIZE AGREEMENT WITH SWIRE
R 97-145
BRICKELL ONE, INC. (SWIRE) -- FOR
2/27/97
STORAGE OF POLICE BICYCLES -- WITHIN
COURVOISIER CENTRE II, 601 BRICKELL
KEY DRIVE.
L
172-175
174-188
189
F
58. (A) MAYOR CAROLLO ANNOUNCES BLUE
RIBBON COMMITTEE WITH THREE CO-
CHAIRS: IRA CLARK / TED FOOTE /
MODESTO MAIDIQUE -- TO REVIEW CITY'S
MANAGEMENT PRACTICES -- FURTHER
INSTRUCTS TASK FORCE TO DRAFT
MEMORANDUM OF UNDERSTANDING
OUTLINING SCOPE BY MARCH 20, 1997 --
FURTHER ASKS TASK FORCE TO
COMPLETE ITS WORK BY NO LATER THAN
SEPTEMBER 30, 1997.
(B) COMMSSIONERS URGE LT. GOVERNOR
$ FINANCIAL EMERGENCY OVERSIGHT
BOARD TO INCLUDE CITY COMMISSION
DURING MEETINGS FOR OPEN DIALOGUE
PURPOSES -- FURTHER SUGGEST THAT
MEETINGS BE HELD IN CITY COMMISSION
CHAMBERS.
M 97-146
2/27/97
59. INSTRUCT CITY ATTORNEY TO DRAFT M 97-147
LEGISLATION PERMITING BILLBOARD AT 2/27/97
2720 SO. DIXIE HIGHWAY.
60. COMMISSIONER GORT REQUESTS DISCUSSION
ADMINISTRATION TO INFORM AGENCIES 2/27/97
OF REASONS FOR PROPOSED
REALLOCATION OF UNEXPENDED
- COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS ($1,774,232.) TO FUND CITY
SPONSORED ACTIVITIES WITHIN EIGHT
TARGET AREAS -- SEE LABELS 3B & 29.
190-192
193-194
194-195
00
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of February, 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 8:10 a.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Joe Carollo
Edward Marquez, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Vice Mayor Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
An invocation was delivered by Mayor Carollo, after which Commissioner Plummer then
led those present in a pledge of allegiance to the flag.
------------------------------------ ---------------------------------------------------------------------------
1. CLOSED SESSION TO THE PUBLIC REGARDING PENDING LITIGATION:
POTTINGER V. CITY, CASE 88-2406. ,
Mayor Carollo: Mr. Clerk, Madam Assistant Clerk, for the record, we will be beginning a
meeting upstairs with our attorneys. So, we will be adjourning now temporarily before we come
back to the regular City Commission meeting. This meeting that we will be having with
attorneys is a privileged meeting under the law. So we'll be adjourning now temporarily.
Thank you.
(VOTE FOR THE RECORD: Thereupon, the City Commission
went into recess at 8:12 a.m., and reconvened at 9:21 a.m., with
all members of the City Commission, excepting Commissioner
Hernandez found to be present.
1 February 27, 1997
F -1
----------------------------------------------------------------------------------------------------------------
2. PRESENTATIONS / PROCLAMATIONS.
----------------------------------------------------------------------------------------------------------------
(A) SOUTH FLORIDA COUNCIL OF BOY SCOUTS OF AMERICA-
PRESENTATION OF COLORS ON THEIR 87TH ANNIVERSARY. --
SEE LABEL 19.
Mayor Carollo: We will begin the regular City Commission meeting now. We apologize that
we've had a late start today, but we were in a client -attorney relationship with one of our
attorneys in a matter very important to the City and its... ran, the time ran over more than we
expected again. So, we appreciate your patience in waiting. If we can stand up to say a prayer
and... If the representatives of the South Florida Council for the Boy Scouts of America could
come up, please?
Commissioner Plummer: Is this a presentation, Joe?
Mayor Carollo: Yes.
Mr. Michael Dames: To the honorable Mayor, City Commissioners and staff. My name is
Michael Dames. I'm here on behalf of the South Florida Council of Boy Scouts, this morning.
It is indeed a privilege and an honor to represent our Council President, Carlos Avella (sp) and
our Scout Executive for the Boy Scouts, Russ McGill. February is the anniversary month for the
Boy Scouts of America. We're been celebrating this, year, our 87th year of service to youth in
-the community. We're proud here in South Florida, to serve over 25,000 youth through over
7,000 adult volunteer leaders. This morning we have a color guard to present this morning, the
colors. We have scout Samuel George, Michael Darias, Andrew Acevedo, Nicholas Lagutura
and Kelvin Gufarro from troops 485 and troop 329 here, in the City of Miami. At this time, the
color guard will present the colors. Will everyone, please stand and please join with me and the
scouts in the pledge of allegiance. Scouts, salute. [At this point, Mr. Dames led those present in
a pledge of allegiance to the flag]. Two, color guard dismiss. On behalf of the South Florida
Council, our council president, Carlos Avella and our Scot Executive -Russ McGill, we
appreciate this opportunity to be a part of the City Commission this morning. Thank you.
Mayor Carollo: Thank you, very much. [MAYOR'S COMMENTS CONTINUED BUT
INAUDIBLE -- OFF MICROPHONE] On behalf of the City of Miami and its residents, the
City of Miami salutes the South Florida Council of the Boy Scouts of America as they celebrate
their 87th anniversary of the Boy Scouts of America. Thank you. (APPLAUSE)
2 February 27, 1997
------------------------------------ ---------------------------------------------------------------------------
3. (A)DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 1A TO
MEETING OF MARCH 20, 1997 (AUTHORIZE CITY MANAGER TO
REALLOCATE $1,774,232 OF UNEXPENDED COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS -- FOR ELIGIBLE
CITY SPONSORED CDBG ACTIVITIES WITHIN EIGHT (8)
DESIGNATED TARGET AREAS -- TO ASSIST CITY WITH FISCAL
EMERGENCY) -- SEE LABEL 60.
(B)DISCUSS / DIRECT ADMINISTRATION TO DETERMINE VALIDITY OF
SOLID WASTE FEE VIOLATIONS BEFORE ISSUING BILLS IN ORDER
TO AVOID ERRORS. -- DIRECT ADMINISTRATION TO DETERMINE
VALIDITY OF RETROACTIVE BILLING. -- DIRECT
ADMINISTRATION TO TRAIN STAFF IN PROPER CUSTOMER
SERVICE AND SUPERVISORY TECHNIQUES. -- DIRECT
ADMINISTRATION TO STUDY FEASIBILITY OF CHANGING
CATCHALL INSPECTORS CONCEPT CITYWIDE. -- DIRECT
ADMINISTRATION TO CONSIDER ORDINANCE SIMILAR TO DADE
COUNTY'S REGARDING ADMINISTRATIVE FEES AND/OR LIENS
ATTACHED TO LOT CLEARING NOTICES -- FURTHER, INCLUDE
SAID PROPOSAL IN RECOVERY PLAN.
Mayor Carollo: All right, we're now in the regular agenda. We're in public hearing, 1-A.
Mr. Elbert Waters (Director, NET/Community Development): - Good morning, Mr. Mayor and
members of the City Commission. For the record, my name is Elbert Waters, Director of
Department of Community Development/NET (Neighborhood Enhancement Teams). Item 1-A,
the administration is respectfully requesting the reprogramming, per your directive of one
million seven hundred seventy-four two hundred and thirty-two dollars ($1,774,232.00) in
eligible CDBG (Community Development Block Grant) funds for eligible City sponsored
projects and activities within the eight City targeted areas. The recommended reprogramming of
these funds are for the areas of Code Enforcement which is seven hundred and fifty thousand
dollars ($750,000), Tower Theater renovation, six hundred and four thousand dollars ($604,000),
and the Southeast Overtown Park/West Redevelopment Agency for the amount of four hundred
twenty thousand two thirty-two ($420,232). These are our recommendation for the reallocation
of these funds per your directive. The actual projects are listed in your package. Those projects
include the Biscayne Beautification in the amount of sixty-eight thousand three eighty ($68,380);
Biscayne Boulevard Street and Landscape project in the amount of one hundred thousand dollars
($100,000); Center for Haitian Studies, fifty thousand dollars ($50,000); Citywide
Homeownership Program, one hundred and thirty thousand dollars ($130,000); Little Haiti
Housing Association in the amount of three hundred thousand dollars ($300,000); Miami
Fashion District, seventy thousand five hundred ($70,500); Tacolcy Western Estates, two
hundred and fifty thousand dollars ($250,000); YWCA (Young Women Catholic Association)
Overtown Expansion, one hundred and seventy thousand dollars ($170,000); the Overtown
Advisory Board, forty-seven thousand eight hundred ($47,800); Northeast 25th Street
Improvement, ninety-five thousand six hundred ($95,600); Allapattah Produce Market, seventy-
one thousand seven hundred ($71,700); Historic Moral Brown House, nineteen thousand one
hundred ($19,100); Rafael Hernandez Development, two hundred thousand ($200,000); and our
program contingency, two hundred and one thousand one fifty-two ($201,152) bringing the
amount to one point seven million dollars ($1,700,000).
3 February 27, 1997
L
Mr. Edward Marquez (City Manager): Mr. Mayor, this resolution or this ordinance is being
requested because this is a component of our recovery plan as approved by this Commission
previously.
Commissioner Plummer: Excuse me, you said reallocation for funding that have been allocated
for the old year or present year, or reallocation in this, for the present year? (phonetic)
Mr. Waters: Yes, reallocation from previous years into our current reallocation.
Commissioner Plummer: I have a question. is any of this money for the facade program?
Mr. Waters: No, not in... No, sir.
Commissioner Plummer: OK. I would like a full report on all of the monies that are dedicated
to the facade program. It's my understanding that each target area gets fifty thousand dollars
($50,000) for administration.
Mr. Waters: Uh-huh.
Commissioner Plummer: Is that correct?
Mr. Waters: Yes. Approximately.
Commissioner Plummer: And that they have no less than a minimum of ten facades a year.
.Mr. Waters: Correct.
Commissioner Plummer: My understanding is, they're not living up to what they're supposed to
be doing. I don't know whether we can go back and recoup money that had been given to these
organizations and I think it should be put on a performance basis.
Mr. Waters: It is currently, Commissioner Plummer. And you may, we may remind you that we
talked about the CBO incentive fund for this upcoming 23rd year allocation. And that's based
on performance.
Commissioner Plummer: No, I'm talking about this year.
Mr. Waters: Yes. It's based on performance. And in the last meeting you may recall, we
indicated that the performance would be coming in May, at which time we would make a
determination and recommend to you whether or not those agencies should be refunded based on
their performance.
Commissioner Plummer: I'll go into further depth, not to take up my colleagues time. But I
understand that there are some of them that have done only two facades in the year receiving
fifty thousand dollars ($50,000).
Mr. Waters: OK, we'll get that report to you, sir.
Commissioner Plummer: Please do.
Mayor Carollo: Where is that at, Commissioner?
Commissioner Plummer: Joe, I understand that in Wynwood they only did two facades in the
entire year and they got the same amount of money as another group who did 70, 80 facades.
4 February 27, 1997
L
r
And, to me that's not performance based. So, the information given to me might be wrong, I'm
bringing it out, and I'd like to know for sure.
Mr. Waters: We'll get that report to you, sir
Commissioner Plummer: Thank you.
Mayor Carollo: Mr. Waters, how? Well, I'll tell you exactly where I am coming from. I want
to be sure that we close out the previous project years and get an exact accounting of how many
dollars were allocated but went unused in previous years, that we have now that can be used for
other City projects. Do you know what the amount is?
Mr. Waters: The amount is what you have before you, Commissioner.
Mayor Carollo: There is nothing else in previous project years?
Mr. Waters: No, sir. We won't have anything, we generate program income as the year
progresses.
Mayor Carollo: I'm talking dollars that were allocated in previous years, that were not used
whatsoever. This is all that you're telling me is there?
Mr. Waters: Yes, sir. One point seven million.
Commissioner Plummer: Well, I would just hope Mr. Mayor, that you know, when we have
people coming before this Commission that they look at what they want to look at the other they
seem conveniently to forget. And, I think it should be brought out loud and clear that the
gentleman who was here before who said Haiti never gets anything from this City Commission,
that in this allocation right off the bat, they're getting three hundred thousand dollars ($300,000).
Just from this allocation, not from the social. I think also we should note...
Commissioner Gort: That's being taken away from them.
Commissioner Plummer: Excuse me?
Commissioner Gort: That's being taken away them.
Commissioner Plummer: Then why?
Mr. Waters: It's being reprogrammed.
Commissioner Plummer: Then I've got to ask the question, why?
Mr. Waters: And the reason why Commissioner, is because the grant was allocated in 1995, the
project, the three hundred thousand dollars ($300,000) is a street improvement project, which the
Commission had directed staff to fund. What we're doing is, there has been no activity on that
project. However, in the 23rd year, which you will be, which will be before you on March
20th, what we're doing is, having the City of. Miami's Public Works Department implement all
of the street related projects within the community.
Commissioner Plummer: Bert, I hear you, OK. And I stand corrected, I made a mistake. But,
how do you take the money, I understand from that project, it didn't go forward, but why isn't
the money left in Little Haiti? And I think those people have a legitimate gripe.
5 February 27, 1997
r
Mr. Waters: We are...
Commissioner Plummer: I mean, you're taking it and you're putting it over into some other
thing here which are these three projects, four projects, is that correct?
Mr. Waters: Yes sir.
Commissioner Plummer: And yet...
Mr. Waters: at this Commission's directive.
Commissioner Plummer: Then how do you tell that man that comes here from Little Haiti that
he's not correct?
Mr. Waters: What we're...
Commissioner Plummer: Why wasn't the money -- said, OK, fine. You couldn't do that project
in Little Haiti, let's do another little project in Little Haiti? I think it's unfair, it is totally unfair
to take money from that group, or any group without giving them the opportunity to come up
with another program of like kind of doings and cut them out. I think it's wrong.
Mr. Waters: What we've tried to do Commissioner, and following your directive, is to
accommodate -- this is an area - wide project. In other words, it is a street improvement project
and in the 23rd year program allocation we have earmarked monies based on our Public Works
Department's request to do street improvements throughout the eight City targeted areas. So
.what we're doing is, moving it from an agency per se to the City of Miami's departments that
actually implement those -types of programs, our Public Works Department.
Commissioner Plummer: I...
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Plummer: Go ahead.
Commissioner Gort: If you remember, I requested in the last meeting that I know that we're
going to take away, but I think that it is very important that people understand. And one of the
questions I asked, what will be the effect of removing this money from projects that were
dedicated to in the past? And I think it's important to know, because in here you look at, and
what people see is, we're taking money away from Biscayne, Little Haiti, Citywide, Allapattah.
We want to know why they were taking away, you explained that. We need this in writing.
Mr. Waters: OK.
Commissioner Gort: I also think I need, what will be the effect, and what are we doing to repay
that money, replace that money in that area, like J.L. says?
Mr. Waters: If you give me an opportunity, Commissioners, I will go down project by project...
Commissioner Gort: OK.
Mr. Waters: ... and give you the rational as it relates to reallocation and...
6 February 27, 1997
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Commissioner Plummer: I would like... Mr. Mayor, I think in all fairness, I would like to ask
that this be deferred until we have that because I just see an inequity here that is not fair.
Mr. Waters: Commissioner Plummer, if I may? I can provide, the staff can provide you with
the rationale. We can do that now and in writing to you, if that's your request. But for the
record, I will like to have that placed there, if that's at all possible?
Commissioner Plummer: Have a what?
Mr. Waters: I would like to state on the record, the rationale as it relates to how the staff was
able to make this recommendation to this body for reallocation of those funds.
Mayor Carollo: Well, do it writing and then do it on the next Commission meeting.
Mayor Carollo: Commissioner Gort...
Commissioner Plummer: Whatever you want to do.
Mayor Carollo: .. did you want to hear this, ask any questions?
Commissioner Gort: Well, I think I agree because you have a lot of people here...
Commissioner Plummer: Absolutely.
Commissioner Gort: .. I can here from the department what they're stating...
Unidentified Speaker: Make a decision.
Commissioner Gort: .. that they have delayed the project, they have not implemented the
project. A lot of the people are coming back and they're saying -- they're very active
community organizations that have done a lot of work in this community. They're saying one of
the reasons we were not able to accomplish, one of the reasons we were not able to do our
projects, because we didn't have the cooperation of the City of Miami, we had a problem. That's
why I'd like to get that input in here.
Mayor Carollo: OK, would you like then for him to spell out his reasoning?
Commissioner Gort: I think he should go ahead and doing it in writing and we should defer this
for the next meeting.
Vice Mayor Regalado: Yes.
Mayor Carollo: OK.
Commissioner Gort: Because I don't think we can do this overnight.
Commissioner Plummer: No.
Commissioner Gort: I requested that last time.
Mayor Carollo: All right. Mr. Manager.
[At this point, at 9:38 a.m., Commissioner Hernandez entered the City Commission meeting]
7 February 27, 1997
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Vice Mayor Regalado: Can I?
Mayor Carollo: Vice Mayor, go ahead.
Commissioner Regalado: One thing that I want to ask and probably could be explained on the
next Commission meeting is, what do you mean by inspection for code violation and
enforcement of City code only in low and moderate income areas? Does that mean that you're
going.out and impose fine on people of low and moderate income areas?
Mr. Waters: What the code enforcement indicates, Vice Mayor, is that in the eight City targeted
areas within the City for those code violations whether the person is a, from a standpoint of their
income level, whether or not they are low income individuals or whether, you know, it's just a
person who has the means. If there is a code violation within that, one of those eight City
targeted areas, that individual or that business will be fined and in actuality we will try attempt to
bring...
Vice Mayor Regalado: Right, right.
Mr. Waters: .. them up to code.
Vice Mayor Regalado: But you're saying here, that you going to go only, you are going to use
this money to go only, go to low and moderate•income areas. You are telling me you are going
to go and find the people that have any violation in this low income area.
Mr. Waters: Anyone. The preference to that...
Vice -Mayor Regalado: No, not anyone. We are talking about low income areas.
Mr. Waters: Let me see if I can explain it a little bit better. The CDBG (Community
Development Block Grant) allocation, the eligibility requirements only allows us to expend
those dollars within one of the eight City targeted areas, one. OK, secondly...
Vice Mayor Regalado: I understand, but I'm not asking that. I'm asking, if your plan is to go
out and fine poor people because they have a code violation.
Mr. Waters: Sir, yes. The code...
Vice Mayor Regalado: OK, that's what I wanted to know.
Unidentified Speaker: That's what they do.
Mr. Waters: Well, if there is a violation, the City code says, we do.
Vice Mayor Regalado: OK. We do fine rich people too, right?
Mr. Waters: Yes, sir. Without a doubt.
Mr. Edward Marquez (City Manager): Mr. Mayor. Mister...
Vice Mayor Regalado: OK.
Unidentified Speaker: Yeah, right.
Unidentified Speaker: Very seldom.
8 February 27, 1997
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Commissioner Plummer: Tomas, they fine them but they never collect. I mean code
enforcement is a joke, we know that.
Unidentified Speaker: Right.
Vice Mayor Regalado: That's right. You're so right.
Mr. Marquez: Mr. Mayor.
Mayor Carollo: Yes, go ahead.
Mr. Marquez: This item of reallocating CDBG funds towards Citywide service areas was
purposely included within our recovery plan in order to help out the general fund. It is part of
the recovery plan which we've already submitted to the State of Florida as an item to help us out
of our fiscal distress. Now, what the general, and I'm going to talk in generalities here, because
Bert and the staff has the details. The general approach to this, was a review of past projects
which have not moved forward for whatever reasons, in the various areas and to reallocate
towards those type of Citywide type of services that can be, that are conducted through the
normal course of business in our target areas. Every municipality receives, most municipalities
who receive CDBG funds, fund portion of their hard core operations with those monies. This is
nothing unusual with any other municipality in the country. Now, Bert and staff have been
trying to minimize the effect to the public and to our target areas. But we're trying to
accomplish a couple of competing interests here, and there's no two ways around this. Now one
of the things that, one of the projects that are dedicating this thing to, some of these things to is
the Tower Theatre renovations which are matching grants, and it's a capital project that if we
don't provide this money for, I am going to have to seek other general fund monies or kill the
project. Now, that particular one I bring up now because I'm being told we're operating under a
60 day extension from the State. Now these are good, solid CDBG uses. You're going to be...
Bert and company can describe how we're trying to make it up to the various areas in the 23 year
plan allocation, which is up before you at the next meeting. And, unfortunately given the time
line of trying to put together the budgets for the state, I need to know our direction so that over
the month of March if we're going to incorporate things.
Commissioner Gort: Ed, I understand and I think we all voted to do that. But at the same time, I
think it's very important that our staff sits down with the staff from those individuals that are
coming to us and explain to them how you're going to replace it and how you're going work
with them. Because when you come in front of us like this, this being a public hearing, people
get the wrong impression and then they're going to come and they're going to speak against it
and it's not going to be correct. I understand what we're trying to do here but I think, I need it to
come back and tell me, look this is not going to take place for the following reason but we're
going to substitute or we are going to do this in turn. But I think you need to communicate with
those individuals and sit down with them, with the CBOs.
Mr. Waters: Commissioner, If I may?
Commissioner Gort: Yes.
Mr. Marquez: Let me just ask Jack if we can wait 'till the 20th on this decision. My time frame
that I'm operating under with the state board, is again, I have to have before a recovery plan by
the end of March. If we make a clear decision on this amount of money by the 20th, it works for
me. I don't know if it works for staff right now.
9 February 27, 1997
Vice Mayor Regalado: Before we hear from Jack, I just want to ask a simple question. On this
750 that we're allocating for code enforcement, are we doing this because we think that we're
going to get revenues or we just want to do this to have a better and clean City?
Mr. Waters: Vice Mayor, the seven hundred and fifty thousand that is being recommended for
reprogramming, what we're doing is attempting to relieve the City's general fund obligation as it
relates to the payment of the code enforcement within the City of Miami.
Vice Mayor Regalado: I understand that.
Mr. Waters: So what we're doing is we...
Vice Mayor Regalado: I understand that. But, when you say, excuse me. When you say poor
areas, low income areas, I am asking you, do you expect to get any money from those code
violations, I hope you don't because you're not going to get it?
Mr. Marquez: Mr. Vice Mayor, we conduct, we should be conducting code enforcement
throughout the entire City. That includes the poor areas, that includes the rich areas. There is a
cost to that Citywide code enforcement. Geographically, if you take the CDBG target areas as a
percentage of our City, you could figure out a percentage of our code enforcement that, of our
total code enforcement cost that can be borne by the CDBG program legally. And that's all
we're doing. We're using CDBG funds to surplant general fund expenditures. There's no
difference in...
Vice Mayor Regalado: Edward, I understand what you're saying. But you don't understand
what I'm saying.
Mr. Waters: I think we do...
Vice Mayor Regalado: What I'm saying is, that we're going to go out and harass people that
cannot pay...
Unidentified Speaker: That's what they do.
Mr. Waters: No sir. No sir. No sir. What we... Vice Mayor, if I may? If I may, Vice Mayor.
The City of Miami's code...
Unidentified Speaker: That's what they do. Uh-huh, yeah.
Vice Mayor Regalado: This is what you're going to do.
Mr. Waters: The City of Miami's code...
Vice Mayor Regalado: Don't say no, because this is what you're going to do.
Mr. Waters: If I may, sir?
Vice Mayor Regalado: That's what you're doing.
Mr. Waters: The code... If I may, Vice Mayor?
Vice Mayor Regalado: .. As a matter of fact...
Unidentified Speaker: That's what they do.
10 February 27, 1997
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Vice Mayor Regalado:.. I have some problems with the solid waste bills.
Unidentified Speaker: Five hundred dollars ($500). That's what they do.
Commissioner Hernandez: Yes, yes. Let's don't talk about...
Mr. Waters: I understand, but if I may, what?
Commissioner Plummer: Oh, oh, you do. I got a good friend of all of ours sitting up here who
received a bill for seven hundred and forty-two dollars ($742).
Vice Mayor Regalado: Absolutely.
Commissioner Plummer: And the reason he got that was when he inquired that he had two
rooms that he put on at the back of his house as utility rooms, that's all they were.
Commissioner Hernandez: Commissioner, it's going throughout the entire City of Miami right
now.
Commissioner Plummer: The inspector said, the perception is that they're being rented and as
such is a second unit. Mr. Marquez, you are building up some fantastic enemies in this town, not
you personally please. But let me tell you, I am getting phone calls galore about people such as
that...
Vice Mayor Regalado: Well, you know J.L., I raised that issue with the Manager several days
ago, and Chief Gimenez told me that it was a ten percent. And I told him, that ten percent is
waiting for me every afternoon in the radio station. Because I'm telling you, I got five, six,
seven people with bills. And I've gone to those houses myself, there is no addition whatsoever.
And you know what happened with one? One inspector saw half painted, new paint in one part
of the house and he thought that's a new addition and they billed seven hundred and twenty
dollars ($720).
Commissioner Plummer: I'll give you a better one.
Vice Mayor Regalado: And they gave them, these people who are retired by the way, they gave
them three months to pay the seven hundred and twenty dollars ($720).
Commissioner Plummer: A man got a bill from the City from Sanitation Department. He went
to the Sanitation Department to pay the bill, he couldn't. They said we don't handle it here. He
was sent to the Finance Department. They said, we're sorry we can't handle it here. He said,
but what do I do? They said, well write a check and send it to the City and someone or another it
will find out where it belongs. You're ready for the best part of this, his bill was for two cents.
Unidentified Speaker: Two cents?
Mr. Waters: Again, Mister... If I may attempt once more Mr. Vice...
Mayor Carollo: Well, excuse me. What the Fire Chief will tell you is, that it's only a ten
percent mistake, more or less that we're making. And I hope so Chief, because there is going to
be a lot more people that is going to have to pay the price than us sitting up here, I assure you of
that.
Fire Chief Gimenez: Well, so far we've mailed out about 1,000 bills. We've had numerous calls
and we've rescheduled 60 to 70 reinspections at this point.
11 February 27, 1997
Commissioner Plummer: Doesn't it seem reasonable that you would not go on a presumption.
That in fact, if you find what you consider to be a violation you would make a determination
before you send out the bill? I mean, you know, that's the way normal people do business.
Fire Chief Gimenez: A lot of it has...
Commissioner Plummer: Normal people.
Commissioner Gort: It's not normal time, J.L.
Mayor Carollo: Well, you know, J.L., we have to find a medium ground. On one hand we know
there is no doubt there are a lot of homes out there that have been chopped up and are not paying
the appropriate amount of garbage fees. But at the same time, this is not that we should send
people out there and just that they could finish a day's work and the Chief at the end of the day
could just look at a sheet and see how much we brought in, they put down whatever they want
to. And, what Commissioner Regalado said, is happening Chief. And I could understand logical
mistakes being made. I mean, it happens. We have to make sure we have the mechanism to
correct them quickly in the way that will least cause stress and pain to the people that have
received a bill that they know that they don't have to pay. And that's not by telling them, like
has been happening from some people that answered, because you know, we really don't know
who are answering those calls. We should have specialized people do deal with it. They're
being told, some of them here, someone that might be getting a bill for two or three more units
and they know they don't have two or three more units and they can prove it. And they're being
told by the person that they called in the City, well listen, it's the Mayor and the Commissioners
that want us to do that. It's happening.
Fire Chief Gimenez: I hope not.
Mayor Carollo: Well, that is happening. I am telling you now.
Commissioner Hernandez: Yeah.
Fire Chief Gimenez: And if that's the case, then I'm sure, I'll go back and talk to them because
that's not what they're supposed to say.
Mayor Carollo: And, we cannot just, you know, because it looks good or we want to finish the
day off, mark down an address and put them down that they have more units than they do.
Commissioner Hernandez: That's what is going on...
Mayor Carollo: This has got to... Well...
Commissioner Hernandez: That is going on. I'm going to give you three examples.
Mayor Carollo: Yeah, this is a concern that I'm having. You know, if not, you know, I can do
it, I'll be happy. You name me in charge of this task force and I'll be happy to straighten it out,
a lot better than it is. And you know, I'll do it for the same, you know, amount that I'm putting
all the extra hours for the City. Just give me the right to hand pick people from the City, and
we'll straighten it out. But what I'm not going to be sitting up here, all of us, and be responsible
when citizen, after citizen, after citizen is calling and complaining, rightly so, that they have
been sent an erroneous bill under garbage. Now, that doesn't mean that we're telling inspectors
to forget about it, we don't want you do the job that we've asked them to do. But what we're
saying is, we want them to do the right job and mark down those that are really not paying their
12 February 27, 1997
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full share but don't mark those that, you know, that you have no reason at all to really feel or
show any of it and say they haven't being their full share. That's a great concern that I have.
Commissioner Hernandez: Mr. Mayor...
Commissioner Plummer: Well, I think if you stop, if you stop presumption...
Mayor Carollo: Hold on, Commissioner Hernandez had the floor.
Commissioner Hernandez: Chief, I'm glad Vice Mayor Regalado brought this up because I have
several concerns, and let me ask you several questions? Number one, what are the legal grounds
in which we started this retroactive billing? Why was 1993 picked as a start for the retroactive
billing? Perception number one is, that since we haven't increased the solid waste bill, we've
gone around this issue and started to retroactive bill. Number two, you have people on this task
force going down blocks basically, not knocking on the doors, not going inside and doing
physical inspections and I'm going to give you an example of a gentleman which is a fire fighter
that came to see me, whose mother lives in the house 24 hours, she doesn't go outside the house.
.And, he received a retroactive bill for seven hundred and twenty dollars ($720) because a garage
was converted into a recreation area. And because of that, the City assumes that there is more
solid waste being generated from the house. That is not the case, that's not what the law
provides. Where did we, or the administration decide that we can retroactive bill and start this
process? Have we asked for legal advise?
Fire Chief Gimenez: Yes, we did.
Commissioner Hernandez: OK, what is the legal advise, because?
Fire Chief Gimenez: The legal opinion was that we could go back four years, retroactively if we
have been giving the service to that facility for additional units.
Commissioner Hernandez: And how do you know that a certain garage was there four years
ago? That a certain garage was converted four years ago?
Fire Chief Gimenez•, We look for any evidence of either permits being pulled. If the permit was
pulled then we take that date. If there is no permit being pulled then we assume that it's an
illegal unit. We tell our inspectors to look for additional meters, entrances, detached units,
etcetera. Like I said, it's not a science, this is an art. We're trying to do the best that we can.
We've told our inspectors not just to take people's word for whatever is happening there. We
look for evidence, there is either a separate entrance way, there is a detached unit. The address
may not even be on what we bill, and we knew we had a problem there. Now, some of these
people may have private service haulers doing their service, but if we don't see a dumpster, then
we assume that the City is providing a service. If they come back and show us proof that they
have had private hauler service, then the bill is eradicated.
Commissioner Hernandez: Chief, what happened in this case and I have several of them in my
office. Is that this gentleman came to the Finance Department and asked, why am I getting
retroactively billed? They explained because you have a converted garage. Well he said, it's a
recreation area. Did anybody bother to see that it was a recreational area, there is no one living
there, there is no extra garbage being created? They said, well fine. I think the discretion here is
a little bit out of control. I mean, where is the follow-up, we're taking some huge assumptions,
whereby the administration is going to be inundated with these problems.
Fire Chief Gimenez: We've set up a... We knew that we were going to a get a lot of phone calls
after we sent out the bills. We've taken the steps that when somebody complains about it, we
13 February 27, 1997
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will as fast as we can, go back and actually put an inspector on the scene, go through the
property, verify what the individual has stated and if they're correct the bill is adjusted, and it's
taken care of.
Vice Mayor Regalado: Mr. Mayor.
Mayor Carollo: Yeah, go ahead, Commissioner. But what he's telling me I know is not working
the way he's saying it. It's just to try to get through, you know, it takes forever.
Fire Chief Gimenez: Well, we had problems on Monday because the bills all go out in a batch.
There's 500 bills, go out at one time. And we had problems on Monday. We changed the
system so that if you call, you can leave a message and then as soon as the operators have some
time they'll get back to you and call you back. So there's no longer a please call back, please
call back. After office hours you're asked to call back during office hours, then you can leave a
message and we'll call you back during the day. But, we have three operators. Some of these
call take up to 20 minutes time so they can handle six calls at any one time. When you have the
bills go out in one time, you're going to get a flood of calls on the first day or second day, and
then things taper off and we catch up.
Commissioner Plummer: Question, if I may?
Vice Mayor Regalado: Six, we have 6,000, right?
Mayor Carollo: Hold on, Commissioner Regalado.
:.Vice Mayor Regalado: You -expect tosend_about 6,000 letters for back...
Fire Chief Gimenez: Per units.
Vice Mayor Regalado: .. units.
Fire Chief Gimenez: Right.
Vice Mayor Regalado: Out of those 68 percent, I understand, are homeowners that do live in
their house?
Fire Chief Gimenez: I'm not sure, I'don't have that stat in my mind right now. I don't know
what percentage are homeowners and what percentage are actually just people that own property
that are renting it out.
Vice Mayor Regalado: OK, because three cases that I visited, no one, no one knocked on the
door. They just figured that they had some kind of construction. Why they do not talk to the
people on the first visit? I mean, do we have them to talk to the people when we examine the
place?
Fire Chief Gimenez: Well, a lot of it has to do with time and trying to get the whole City done
within the fiscal year. If we took the time to look at every single one, I mean we look for
evidence that there is more units there that were being built. Again, we look for more meters,
more entrance ways, detached units, etcetera and then we send out the bill. You have a lot of
people that probably aren't calling you because they indeed have, either haven't been built or
they have the extra units and they are not the ones that are calling you. The ones that are calling
you probably have legitimate complaints, and like I said, and I've said all along, you will have a
significant number of people that when you do the sweep that the City is going to make a
mistake. We will go back and rectify it and nobody will be asked to pay any more than what
they're supposed to pay.
14 February 27, 1997
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Vice Mayor Regalado: How long would it take to go back?
Fire Chief Gimenez: We're trying to do those on a weekly basis. I know we have about 60
inspections, reinspections to do, so far as yesterday, that was the figure we had. We're trying to
get that done before the end of the week so that we can gear up for the next batch which is
another 500 bills that are going to go out. And we try to keep pace with the reinspections that
are requested during the week.
Vice Mayor Regalado: Is that money Mr. Manager, goes to the budget that you have for this
year that... the projection?
Mr. Marquez: Yes, sir.
Vice Mayor Regalado: It does go.
Mr. Marquez: There is, if my memory serves me right, there is something like a million five
hundred thousand projected within this year's budget.
Vice Mayor Regalado: If we make a lot of mistakes?
Mr. Marquez: In coming up with the projection, we're taken out error factors so we're
conservative in that regard.
Mayor Carollo: Commissioner, as far as meeting that one point five million in the budget
-projections, we'll more than meet it, no matter how many mistakes. In reality the problem is that
we shouldn't be having this many mistakes and that's what I am trying to stop. But based on the
projections that we've had and those include the Certificate of Use and Occupational License,
the state gave us, I think one million and a half dollars ($1,500,000) on the budget allotted for
that. At the rate that we're going we'll more than supersede that.
Fire Chief Gimenez: If I could also add? There is... the ones that are being built right now are
either not on list or our inspectors considered to be definite new units. And we knew that there
were errors factors involved there. We're not even billing what we call "questionable units."
Those that we have as questions, really "questionable units" before we bill we will go out and
take a look before that's sent out.
Mayor Carollo: Well, Chief all that you is, that the kind of complaints that we're receiving and
this is across the board from one end to the other up here. You know, it's more mistakes than
what we should be having, a lot more. And, I'm just saying it as clear as I can that if what
you're telling us is that wrong and we find out that it is, the buck is going to stop with you, not
with us. You know, I'm just letting you know.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Commissioner.
Commissioner Gort: Mr. Mayor, and we're all aware that one of the biggest problems that we
have in here is the code enforcement. And one of the reasons a lot of the neighborhoods have
been deteriorating because of the laxed in the implementing of our codes. And I'll give you one
example. And I understand mistakes are going to be made but my office has received some
calls. What we have done, I have my staff address those calls and try to fix them up. I don't
know how many, and try to work with the people. I think it's an education program. I think we
have to educate our staff. Our staff are being overworked and they have to, you know, all of us
15 February 27, 1997
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are taking a lot of heat. They have to be more, be ante to explain a lot more to the individuals
and well, that's what my office is doing. But let me give you an example. I get a call yesterday,
an emergency call from my office, in Downtown Miami, we've been in business for ten years on
8th Street and 1st Avenue. We have been in business for ten years. My associate calls me, my
partner calls me and says, I've got the City of Miami inspector here, he says I owe three
thousand dollars ($3,000). I haven't paid three thousand dollars ($3,000) in fees, never. It never
has been requested. So I say, go ahead and pay it. It's a code, and I've check it, it's in the code,
Merryl Lynch had to pay sixteen thousand dollars ($16,000). Our problem is, we had the code;
we never enforced it.
Mayor Carollo: That's correct.
Commissioner Gort: Now the problem that we have, we're going from non -enforcement to
super enforcement. So, somehow we have to find the middle way, and I think we as a
Commission have to work with the public and with staff also. I instructed my staff that
whenever we receive a call, try to work with those people. Try to call staff and try to guide them
to where they should go and explain to them what happens. I think staff needs to take maybe a
little more time to answer those complaints as soon as possible or give them a phone call, or
have someone give them a phone call. But I think we need to train our staff in how to treat
people. Sometimes, I know we receive a lot of complaints, we receive a lot of calls but it takes
two to argue. And if you have two people arguing, you're going to have a problem. So, I think
we need to train our staff, and I'm training my staff. And a lot of time let me tell you, I'll spend
a half an hour talking to one of my complaints and I'll explain it to them.
Mayor Carollo: Yeah, but... Well, you've touched upon a very important subject
Commissioner, and- that is that we have to have a little more of that attitude that the customer is
always right.
Fire Chief Gimenez: Absolutely.
Mayor Carollo: And by that I mean, to be very polite.
Fire Chief Gimenez: Uh-huh. Yes, sir.
Mayor Carollo: And the customer in this case is the taxpayer.
Fire Chief Gimenez: Yes, sir.
Mayor Carollo: And we have to make sure that our staff is polite in dealing with anyone that
calls in to the City. They're here to help, not to be rude, not to lose their temper. And I mean, I
know it's not easy. Many people get a bill like that they're going to be calling, being upset. But,
you know, we have to put the best people that we have handling those calls. We have to make
sure that they are the same people that we have and that they are going to be trained
appropriately. And then on top of that, we need to have supervision to make sure that, you
know, they are not going to be stressed out. Make sure that they are going to be dealing with the
public in a polite, respectful manner.
Fire Chief Gimenez: Yes, sir. I...
Commissioner Plummer: How do you make your initial determination as to who receives a
letter? Is it by a physical visit to the site.
Fire Chief Gimenez: There is... The inspectors go and block by block they do a physical look
see, to the property.
16 February 27, 1997
Commissioner Plummer: OK, does it make sense to me, that if he went to 'X' house and yes,
they have two new rooms, that he would say to that party, we're going to send you a double
garbage bill unless you can prove to us that it is not? Rather than, taking a presumption,
sending the bill and then he still got to go back. My father used to say that you might not have
time to do it the first time right, but you have to make time to do it the second time to make it
right. It's just, we're losing something here in the interim that rather than sending a bill on
presumption that you have some facts to go forth. You know, if the guy says, no, I'm not going
to let you in my house to look, get him with a bill. But to go up and down a street and say hey,
that's two rooms. And I don't think it's really on the amount of square footage, is it? It's on a
second family living there.
Commissioner Hernandez: Exactly.
Mayor Carollo: That's correct.
Fire Chief Gimenez: It's on units.
Mayor Carollo: On units.
Commissioner Plummer: The number of units or the number of families?
Fire Chief Gimenez: Number of units. You could have a single family home, you could have
two or three families as far as the code says, that's one unit.
Commissioner Plummer: No, wait, wait. -If I have-a-R1 family and I increase the size of my
•>house I got to pay for more garbage?
Fire Chief Gimenez: If you have a separate unit, yes, you do.
Commissioner Plummer: Units mean more families?
Fire Chief Gimenez: No, sir.
Commissioner Plummer: What is a unit?
Fire Chief Gimenez: A unit means that it's a separate unit which either has a bathroom and
some kind of kitchen facility. That's a unit.
Commissioner Plummer: Detached.
Fire Chief Gimenez: It doesn't have to'be detached. It could be something where if you have a
separate bathroom. Let's say you put a garage, you put bathroom and a kitchen in there, that's a
separate unit.
Commissioner Plummer: For a single family? For one family, then I got to pay a double
garbage bill?
Fire Chief Gimenez: Yes, sir.
Commissioner Plummer: That's stupid.
Fire Chief Gimenez: That's a unit.
17 February 27, 1997
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Commissioner Plummer. Excuse me. This is a single family resident and you're telling me that
if I put a refrigerator and a toilet in my garage, I've got to pay for two families?
Fire Chief Gimenez: And you need a kitchen sink. If you put a kitchen sink.
Commissioner Plummer: Well, that's the criteria the kitchen sink.
Commissioner Gort: He's got that in his garage.
Fire Chief Gimenez: OK.
Commissioner Plummer: That's dumb. No, my kitchen sink's outside.
Mayor Carollo: I'm glad that 26 years later he found out, you know, that it was stupid.
Commissioner Plummer: But, wait a minute. Joe, does that make any sense to you?
Mayor Carollo: I don't have, you know, a refrigerator in my garage...
Commissioner Plummer: I do.
Mayor Carollo: .. or a sink in my garage. I've got no problem with it.
Commissioner Plummer: No, my sink's outside. No, no, no. The point I'm trying to make, just
because... If I have four people living in my house, and I put a refrigerator and a commode and a
sink in my garage for my own benefit, I've got to pay a double garbage fee? My four people
don't generate any more garbage, why would I have to pay a second fee?
Mayor-Carollo: Commissioner, what we're really talking about here.are single family residents,
duplexes or other units that have been divided up, that they're being rented out...
Commissioner Plummer: Joe, I agree.
Mayor Carollo: .. to people. This is what we're talking about.
Commissioner Plummer: I agree. But I don't agree with the one that it says that if I've got a
refrigerator and a sink that I got to pay double.
Mayor Carollo: Well, look...
Commissioner Plummer: With no more people in the house.
Mayor Carollo: .. I'll handle your bill when it comes, and talk to the Fire Chief about it.
Commissioner Plummer: Well, you're resigning as Mayor to become the head sanitation
inspector. So, I'll defer to your...
Mayor Carollo: Well, let me tell you something. Let me tell you something, it will pay a lot
better than being Mayor. And I assure you, I'll accomplish a lot more.
Commissioner Plummer: I have one other question if I can, and it's in relation to the same area?
Mr. Marquez, don't we have in the NET (Neighborhood Enhancement Teams) offices sanitation
inspectors? We're in trouble, he doesn't know the answer.
18 February 27, 1997
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Mr. Marquez: Commissioner Plummer, we have inspectors in the NET offices. And if you're
about to question me on the issue of whether or not there should be specific sanitation inspectors
working for the Solid Waste Department versus those assigned to the NET offices, that is
something that this administration is taking a look at.
Commissioner Plummer: Do they ever go out of the office?
Mr. Waters: In response to that Commissioner Plummer, yes, they are out of the office every
day to do inspections. I might add though, that we, there was a policy decision made to
converge Solid Waste function, Zoning function and Revenue function into one function.
Commissioner Plummer: Well, let me tell you something.
Mr. Waters: And therefore, when an inspector goes out, that inspector is not only looking for
solid waste items, but they're also looking at zoning problems and they're also looking at
revenue.
Mayor Carollo: How many inspectors do we have assigned to each NET office?
Mr. Waters: Total, there are 27.
Mayor Carollo: No, no, no. Not total, to each NET office.
Mr. Waters: It varies. On the average two, per NET area, OK. And then one...
Mayor Carollo:. Sometimes. There you've got you answer.
Commissioner Plummer: Let me give you just what I'm trying to tell you, OK? And I'm going
to give you the area. Along Dixie Highway on the •North side. I went to Mr. Williams and I
complained about the pick up of trash. The next day, they went out they picked up the trash.
You know what? The next day, it was more than the day before. Now, where are our inspectors
who are in there saying, we're going to give you a notice of violation if you continue to do this?
I can show you in my neighborhood. I can show you in any neighborhood.
Mayor Carollo: You're sure Ron didn't (unintelligible) picked it up, and he didn't?
Commissioner Plummer: No, I went by personally and looked at it.
Mayor Carollo: OK. Well, I don't know, you know...
Commissioner Plummer: How are we going?
Mayor Carollo: .. he might have given you the wrong address.
Commissioner Plummer: Well, I'm telling you that until we get out and we start hitting some
people with violations, we're wasting our time.
Mr. Waters: We do, Commissioner Plummer.
Mr. Marquez: Ron, hold on. Hold on. Mr. Mayor, excuse me.
Mayor Carollo: I...
Mr. Marquez: These types of problems have been happening for years, all right. Absolutely, we
admit it.
19 February 27, 1997
Mayor Carollo: Well...
Mr. Marquez; We're planning to change it.
Mayor Carollo: Mr. Manager, you know, better late than never. You know, I like the new J. L.
Plummer.
Commissioner Plummer: Say what?
Mayor Carollo: I said I like the new J. L. Plummer, you know.
Commissioner Plummer: Yeah, right.
Mayor Carollo: Yeah, 26 years after. I like it.
Commissioner Plummer: I hear you.
Mayor Carollo: Commissioner Hernandez.
Commissioner Hernandez: Just one last thing. Mr. Manager, I spoke to you about this, I guess a
couple months ago and I spoke to Mr. Williams about it. I'm against that policy decision. I
know you, I think you inherited that policy decision. We can't have catch all inspectors, it's not
working out. Mr. Williams, I've spoken to. When they had Solid Waste inspectors over there, it
was working out a lot better. You had five, six, seven, eight inspectors out in the street ticketing
people for illegal dumping. That's not happening now and it's not happening because you have
catch all inspectors. You have zoning inspectors, you have code enforcement inspectors, you
have solid waste inspectors. They're not qualified to do all this at once. It's just not happening.
It's not your fault, I'm not blaming you. I'm telling you, and I'm pretty sure you inherited this.
Because that decision was made prior to you coming on board. That is not working out. You
need a solid waste inspector crew. I've spoken to Mr. Williams about it and I've spoken to those
ex -solid waste inspectors.
Mayor Carollo: Well...
Commissioner Hernandez: They dying to go back on their job. It's not happening and I think
that's something you have to take into account like, as soon as possible.
Mayor Carollo: That decision has been made for a long time, you know, way before Mr.
Marquez...
Commissioner Hernandez: Yeah, I'm pretty positive about it.
Mayor Carollo: No, no, absolutely. How long has this been going on for, Ron? How long,
approximately in years, has this policy been going on for?
Mr. Waters: Mr. Mayor, at least three years, more like four.
Mayor Carollo: OK, that's what I thought.
Commissioner Hernandez: Uh-huh.
Mayor Carollo: See, and this is the problem that people need to realize that, here you have a
City Manager that has come in, he's spending his whole time trying to find the funds that we
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need to run the City. He doesn't stop working, and I'll tell you, I'll attest to that. He doesn't
stop working. He's worked harder here I think, than any manager that we have had that I can
certainly remember. But, a lot of the problems that we have, they are problems that we can't
change overnight because they were created here some years back. And, you know, it's just
something that we cannot change it overnight. Especially, when we're faced with so many huge
demands at the present time. And 1 am talking about the financial demands that we're being
faced with, that we have to resolve. But, this is one area that we need to change, that we need to
correct because this City is not only losing a lot of revenue because of past policy decisions that
were made by past administrations. But at the same time, the quality of life of this City has been
effected tremendously. I agree fully with what Commissioner Hernandez has said. I've stated
that publicly in other occasions and privately, Mr. Manager. That has to be changed. I firmly
believe that we have to have a core group of solid waste inspectors that will be out day and night
also.
Commissioner Plummer: And weekends.
Mayor Carollo: Yeah, absolutely. Day and night. That will be separate from a jack of all
inspector that you have one or two in each NET office. It's impossible for one or two inspectors
in each NET office to be able to catch every kind of violation that we have whether it's in the
Solid Waste Department, in Code Enforcement or many of the others, violations that we have.
That has to be changed. Unfortunately, you know, it's a question of what comes first, the
chicken or the egg and it's, you know, there is so much work here that we're overwhelmed. We
really are, right now. But, the changes will come and in due time this City will be back in the
way that it should have been run, that it used to be run in better days.
Vice -Mayor Regalado: Mr. Mayor.
Mayor Carollo: Yes.
Vice Mayor Regalado: I know that the Manager is trying to change many things, that the people
that are working with him are trying to change the system. But when we leave here tonight, we
have you know, we're going to feel better because we said what we wanted to say. We
complained and we expressed the feelings of many people. But I'm afraid, I'm concerned, I'm
troubled by the fact that there is going to be the same thing tomorrow, that people are going to
get a bill without being inspected physically. And you know the other day, the Manager took
action and the Chief of Police, the Chief of the Fire Department took action when I went to them
and told them that I spent two hours and 23 phone calls to get a recording in the task force. I sat
in my house for two hours, from 8:00 a.m., to 10: a.m., calling 416-1555. And, I could not get a
person. When I got that recording, the recording told me that I should call back because there's
nobody there. Now, that's been fixed. I called yesterday and the message it's much better. I
still couldn't talk to a person. I talked to a machine and the machine didn't call back but I'm
afraid, I'm afraid. See, yesterday there was this old couple that went to see me and they showed
me the bill and I went with them to their house. They didn't have any construction at all. The
thing is, that they had some part of the house painted and they thought, somebody thought that it
was new. I mean they didn't have money to finish the whole house with the paint. But they
wouldn't give me the bill because they said that they were afraid that if they gave me the bill and
it would take several days, then they're going to go after them and they're going to take their
house away and they're going to have a lien on the property. And it's better, he said to his wife,
why don't we ask somebody, he said a name, for a loan so we can pay this and be, because I've
never been out of the law. I have never gotten a traffic ticket. I don't want problems with the
authorities. And this is, and these people are nervous and they will be nervous until your
inspector goes back and tells them they don't have any problem. Because, I could not say to
them that you don't have any problems, although I went to their house. So I am really concerned
that when we leave here, the same is going to happen. That you are going to be going to houses
21 February 27, 1997
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and figuring out that there is going to be, there wasn't a new construction and these people are
going to get letters and they're going to be afraid that they are outside of the law.
Fire Chief Gimenez: I've noted your concerns of the Commission. We'll go back, we are going
to change the process and hopefully reduce dramatically the number of mistakes. And, I'll give
you a report on how the policy is going to change and again, the number of complaints should go
down. My only concern is that we've already had another billing go out, another cycle. But
before the next billing goes out the process will change and we'll fix the problems.
Commissioner Gort: One more last question.
Commissioner Plummer: Can I ask a question?
Mayor Carollo: Commissioner Gort.
Commissioner Gort: How many bills have we sent out, total?
Fire Chief Gimenez: We sent out over a thousand and we have slated about 500 per week to go
out.
Commissioner Gort: But, you have already sent out 1,000?
Fire Chief Gimenez: Yes.
Commissioner Gort: Out of that 1,000 that we sent out, how many complaints do we get back?
Do you have any idea what percentage?
Fire Chief Gimenez: We had a number of calls, a large number of calls over the weekend. Like
I said, yesterday when I asked how many reinspections' we had it was about 60. Some people
have been able to clarify their problems through fax machines, sending us their private hauler
bills, etcetera and then we clarify it that way. I'll get you a number as to how many bills have
been adjusted compared to how many bills have been sent.
Commissioner Gort: I think that's very important because no matter how good we become, how
perfect we become, we're going to receive complaints and we're going to receive phone calls.
Commissioner Plummer: Oh, absolutely.
Mayor Carollo: That's true. It's always the case.
Commissioner Gort: That's something that's going to take place.
Commissioner Plummer: But legitimate complaints.
Commissioner Gort: And I think what we need to understand and the public needs to
understand, we're working under an emergency. We have a problem and that we're willing to
work with them. And train our staff both in our office and in your office to work very close with
others. Because what I've done is, I've trained my people to try to solve the problems.
Fire Chief Gimenez: We'll try to solve those problems and reduce the number of complaints, sir.
Commissioner Gort: Thank you.
Commissioner Plummer: I have one further question, Mr. Mayor. Mr. Manager, through you
and to the Chief, I had spoken to you in reference to adopting the County policy regarding a lot
22 February 27, 1997
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clearing or people who refused to clean their lots, mow 'em, or maintain them in an acceptable
kind of way. It's the second agenda, it's not on.
Fire Chief Gimenez: It's been given to the Law Department. A member of the Law Department
to draft.
Mr. A. Quinn Jones, III, Esq. (City Attorney): We have a lot clearing...
Commissioner Plummer: No, no, this one goes further.
Mr. Jones: Huh?
Commissioner Plummer: This one, the County one goes further. Well, you don't even know
about it?
Mr. Jones: No, I remember you...
Commissioner Plummer: Well, he was supposed to bring it to you. This is the second meeting,
it's not. And Mr. Mayor, if you're not aware when you got your bill this year from the tax bill.
They told you in there that if you don't clean your lot within, is it 60 days or 90?
Fire Chief Gimenez: You are... The lot clearing is every two months for improved properties.
Commissioner Plummer: If you don't do it, they're going to send a private company out to do it
for you and bill you. And if you don't pay it, they will put a lien against your property. I think
this will go a long way...
Mr. Jones: Commissioner...
Commissioner Plummer: .. obviously.
Mr. Jones: Commissioner, that's what we have on the books now. That's exactly what we have.
Commissioner Plummer: Then why did you send it to the Law Department?
Mr. Jones: It's a matter of being enforced.
Fire Chief Gimenez: No, there's some other things. There's some additional things there.
There is an administrative fee that the County has, there's also a schedule...
Commissioner Plummer: Can I be assured Mr. Manager, it will come back on the 20th? I mean
that's...
Mayor Carollo: But, what do you want? It's in the book.
Mr. Jones: But we'll make. If you want, if you want the statute. I mean if you want the
ordinance to echo what the County has, fine. But what I'm telling you is the essence, the very
core of what.you want is to have the lot cleared and if they fail to have it cleared then we send
someone out to have it done and we put a lien on their property. We have that now, the ability to
do that now. We've had it for years.
Mayor Carollo: That's what I thought, we always had that. But, what?
Commissioner Plummer: They want administrative fees involved, OK? The County, I don't
think. Our present ordinance does not contain administrative fees to administer it. But what
23 February 27, 1997
we're basically doing is saying, hey, if you don't maintain your property, we're going to do it for
you with a private contractor and they want administrative fees which is different from
administrative fees which is different than...
Mayor Carollo: What does the County charge now in administrative fees, or does it?
Fire Chief Gimenez: The... On the lot clearing they will do, they give you a due process, they'll
clear the lot. They had one hundred dollars ($100) administrative fee or ten percent of the cost
of clearing, whichever is greater.
Commissioner Plummer: Which we don't have.
Mayor Carollo: OK, well that should be simple enough to get back to us.
Fire Chief Gimenez: Yes, sir.
Commissioner Plummer: I've been waiting.
Mayor Carollo: I am going to assign Commissioner Plummer, a committee of one...
Commissioner Plummer: No, no, no.
Mayor Carollo: .. to be on top of you guys to get that back then.
Commissioner Plummer: I don't want to overrule the head sanitation man, Mr. Carollo.
Mayor Carollo: Well, Commissioner you don't want me to be the head sanitation man because I
know the first place I'm going to start at is the garage with the, you know, extra you know what.
Commissioner Plummer: Extra what?
Mayor Carollo: And I'll take anything that gets in the truck along.
Commissioner Plummer: No, no, no. You leave my treasures alone.
Mayor Carollo: We won't talk about the empty lot across the street either. But anyway...
Commissioner Plummer: Oh, yes we will, anytime.
Mayor Carollo: Uh-huh.
Mr. Marquez: Mr. Mayor, excuse me. On the... getting back to the base item that we were back
on regarding the Community Development Block Grant, reprogramming. Jack Luft has
informed me that it does not affect the Tower. Waiting 'till the 20th to hear this time does not
affect the funding of the Tower Theater which was my main concern. And hearing the item
today, we can...
Mayor Carollo: Can?
Mr. Marquez: .. get a written report out to you addressing the concerns that you have.
Mayor Carollo: Well, my concern is, that we have this in the plan that was approved by the state
in our budget projections and we need to approve that now. Some Commissioners expressed
their wish is to defer this. Is there any reason why it can't wait until the next meeting, if they so
still want to defer it?
24 February 27, 1997
Commissioner Gort: Mr. Mayor, mainly what I'd like to see is, you have people who are going
to be speaking against this. I think they should sit'down with them and make them understand
the reasons why those fundings were removed and what alternative, like J.L., had stated before,
it's... how is that going to be replaced within that community. You know that we have the
CDBGs allocating fundings coming up and that always has been a problem. And the biggest
problem is, a lot of people not understanding the process.
Mayor Carollo: OK. You want...
Commissioner Gort: But what I'd like to see is, and it's not going to affect us on the 20th, I'd
like to see that the agency have a better understanding why it was taken away from them. At the
same time, some of the agencies that feel that the reason that they were not able to accomplish
their project is because of... they will not receive the help from the City itself. And that's what
I'd like to clear up.
Mayor Carollo: OK, but you want this then brought back to us?
Commissioner Gort: On the 20th, yes.
Mayor Carollo: OK.
Commissioner Gort: They're still within plenty of time for us to vote on it.
Mayor Carollo: I think the instructions are clear, that you all meet with some of the different
people that are affected and you bring it back to this Commissioner on the 20th.
Mr. Marquez: Yes, sir.
Mayor Carollo: And then we'll vote upon it then. Is this amount anything that would reflect
negatively on us, or is this part of the amounts that the state was not calculating that we had on?
Mr. Marquez: This amount is absolutely necessary for the recovery plan. And if we don't...
Mayor Carollo: No, no, I know that. What I'm asking is, is this part of the amount that the state
was calculating that we would not have by the end of the fiscal year or not?
Mr. Marquez: No, sir. The state and...
Mayor Carollo: OK, all right.
Mr. Marquez: .. we were calculating this money in.
Mayor Carollo: That's fine. All right, that's fine. Gentlemen, they will be happy to meet with
you and go over this with you but if you must insist, you know, we'll give each of you two
minutes.
Mr. Mariano Cruz: Yeah, OK.
Mayor Carollo: And I apologize.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street, and I wanted to speak today because I
don't know if I'll be able to make it next month to talk to the people. Anyway this problem, all
the reallocations is making a mockery of the federal guidelines and your guidelines about citizen
25 February 27, 1997
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involvement, citizen participation. Because we, we in Allapatthah, we decided that was one of
the use. Because when we went to the City to do a study of the produce market and the problem
there, they told us there's no, there was no general, no money in the general fund. The only
thing will be, ask for the allocation of CDBG since that was an allowed use. And, I see that the
money, they want to reallocate is especially, that issue doesn't bother me because I think in the
target area, it's a good use for that. But, code enforcement, you know that's been done before,
when they used to play the Shell game, that they took money that was supposed to go to there, to
Allapattah for the park, for our building and they used it for code enforcement, four hundred
thousand dollars ($400,000). They used to play that game and I hate when they see that Shell
game. No, we don't put it there. And you know, they're doing like Julius Cesar said many years
ago, divide and conquer. No, you're not going...
Mayor Carollo: Excuse me, what Cesar?
Mr. Cruz: Julius. .
Mayor Carollo: OK.
Mr. Cruz: OK. Remember that, divide and conquer. Because they say, oh, you don't get it. Oh,
but Little Havana is going to get it and Allapattah won't get it. And that, because I can go and
show you the pictures of the market there and the problem that we have been having there for
years, and years, and years. To me, it doesn't bother me one bit. But, to my wife and to my
neighbors and to many people there, that that as you mention the quality of life, it impacts our
quality of life. And that should be taken to be... And we have been participating, and we've
been writing... and I don't want to be writing to Andrew Cuomo or to Carrie Meek which is in
the Appropriation Committee, by the way, and all different people. And then it will become, or
to Buddy McKay all that. You should be taking action. There are... if you don't find there but
they soon -going to be using monies from those... for the code enforcement.
Mayor Carollo: Mariano, thank you.
Commissioner Gort: Mr. Mayor, that's the reason why I wanted them to sit down with them and
explain to them the legality of the funds and how they can be used so they understand it.
Mayor Carollo: Yeah, how many people are going to speak on this? Just three more, back here?
Unidentified Speaker: Yeah, three more.
Mayor Carollo: OK, name and address.
Mr. Fred St. Amand: Fred St. Amand, Little Haiti. Mr. Mayor, Commissioners you know Little
Haiti has always been the step son. I mean, step stone for any kind of cut. As I stated to you
before, we are the second largest ethnic group in this County. And still, based on your own data
census of 1990, out of eight target areas, more people, less money we are second to last. Now,
based on what you want to cut, you're talking about housing in Little Haiti, three hundred
thousand dollars ($300,000), you want to cut. We had a project where three hundred thousand
dollars ($300,000) were allocated to us but Commissioner Plummer put a cap on it where he says
that those houses have to be sold at least from 50 to 70 grand, which is impossible because when
you see how much you buy the lot and how much you sell them, so that's why this project has
never been executed. You also have street improvement. Projects were moved by the NET
office, approved by the Commission, but still Public Works were yet to take any action. And
you also have CHS (Center for Haitian Studies), fifty thousand dollars ($50,000) property, you
know, still in litigation. Could not get any commitment. But why in the world Little Haiti, you
know, we are the ones that always get the bone. I mean, what I used to hear is because Little
26 February 27, 1997
Haiti has never had any representation. But we do now, Mr. Mayor. We do not, and then I
personally, I am going to make sure as a member of this board, and as a citizen and as a
businessman in the City of Miami, a City I love very, very dearly, that Little Haiti be
represented. And .1 guarantee you there is not a meeting, a Commission meeting that's going to
affect our community that we're not going to be represented. Because, I feel you know, we're
getting shaft. And, you know, it's unbelievable. But now, I would like to present that to you
Pierre. He is the one were, in charge of Little Haiti Housing who is going to give you more thing
on that.
Mayor Carollo: Well, OK. 'Thank you Fred, your time is up. We're going to allot him two
minutes to speak. The, if you all don't mine, we'll take him out of line since it's going to be part
of the presentation for the same area.
Mr. Laurinus Pierre: Mr. Mayor and Commissioners, I think I have very little to add to what Mr.
St. Amand just said. And, you know, I like to use quotes. And that reminds me of the verse in
the Bible that I will change a little bit to make it clear that... where it says that to those who
have, they will give them more and to those who do not have they will even take the little they
have. And it seems that it's the accomplishment of this kind of statement in the Bible that we're
seeing here, where fifty thousand dollars ($50,000) was allocated to the Center of Haitian
Studies to do improvement in the building that they occupy since 1988. And then the fifty
thousand dollars ($50,000) were not delivered to the center. They provide all the papers that
were required but on the basis, because they could not provide the paper proving that they own
the property and the fifty thousand dollars ($50,000) were going to be removed. And right now,
they are in the process of purchasing the property, requesting monies and from CDBG. So, it
totally doesn't make sense to keep away a group that has been providing major services to the
community. So, you know, again I think something, some people need to look into these things
so they can be done fairly. That's all I will say.
Mayor Carollo: Thank you. Name and address, please?
Mr. Angel Diaz: Yes, my name -is Angel Diaz.. I am the Executive Director of Rafael
Hernandez House and Economic Development Corporation, 2901 Northwest 2nd Avenue. I just
wanted to say that, we fought for this money last year. I mean, this year... because the money
was going to come 'this year, and we got those two hundred thousand dollars ($200,000). And
then, when the money was made available by the City of Miami, that was by the end of
September, then in October 15th less than two, a little more than two weeks after, we received a
letter from Mr. Waters saying that the money was going to be reallocated. So, we didn't have,
we didn't even have the chance to begin- with the project. So, we got the money and then the
money is going to be allocated, it doesn't give us the chance to even begin with the project. So, I
don't know, I think that's unfair because we didn't have the chance even to begin with the
project. So, we need that money, we really need that money to begin with the project, if we had
the chance to do it because that's that main problem with this. OK.
Mayor Carollo: Thank you. Next, name and address.
Mr. Charles J. Flowers: Good morning Mayor and Commissioners. Charles J. Flowers,
chairperson of Overtown Advisory Board. The forty-seven thousand eight hundred dollars.
($47,800) was applied for by Benjamin, who at that time was the chairperson. It was granted
under McKnight, Irvin McKnight as Acting Chairperson. It seems to me like it's being taken
back under my administration. Ordinance 11211, that was created of the Overtown Advisory
Board, and there was certain items that you wanted us to do to assist the City Commissioners.
The money that we applied for, was for a establish and an administrative office. When it came
back to the office, it was for capital improvement. The office that we have, the Overtown
Advisory Board is used by a NET (Neighborhood Enhancement Teams) office. Therefore, the
27 February 27, 1997
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funds cannot be used for development or renovation. We need money for an office, we need
money for staff. We have cars, we have no where to put our clients to meet with us. So, I think
it's unfair to take the forty-seven thousand eight hundred dollars ($47,800) from the Overtown
Advisory Board and we are there to assist you, the Commissioners. Thank you.
Mayor Carollo: Thank you, Mr. Flowers. All right, is there a motion to have this item 1-A,
defer.
Commissioner Plummer: Moved.
Mayor Carollo: Moved by Commissioner Plummer. Second by Commissioner Hernandez. All
those in favor signify by saying "aye"
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.97-117
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 1-A (PROPOSED
REALLOCATION OF $1,774,232 UNEXPENDED COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS TO ELIGIBLE CITY SPONSORED COMMUNITY
DEVELOPMENT BLOCK GRANT ACTIVITIES WITHIN THE EIGHT
DESIGNATED TARGET AREAS FOR THE PURPOSE OF ASSISTING THE CITY
WITH THE EXISTING FISCAL EMERGENCY) TO THE MEETING PRESENTLY
SCHEDULED FOR MARCH 20, 1997.
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.
----------------------------------------------------------------------------------------------------------------
4. REPORT BY EDWARD TOLLIVER ON BEHALF OF FINANCIAL
OVERSIGHT BOARD CONCERNING EVALUATION OF CITY'S
PROCUREMENT PRACTICES -- DIRECT ADMINISTRATION TO
EVALUATE CITY'S BID PROTEST PROCEDURES & UNAUTHORIZED
PURCHASES.
Mayor Carollo: Before we move on to item 2, we need to take one item out of order. If Mr.
Tolliver is in the audience, I apologize if I mispronounced your name, if you could come up sir
and state your name, address and state your reason why you need to speak today on behalf of the
Financial Oversight Board for the State.
28 February 27, 1997
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Mr. Edward G. Tolliver: Thank you, Mr. Mayor. For the record, my name is Edward G.
Tolliver, Florida Department of Management Services. 4050 Esplanade Way, Tallahassee,
Florida. At the request of the City Manager and the urgency of the Lieutenant Governor, I was
asked to come down again, this week and to address you as it relates to the City of Miami
Procurement review. What I would do, and I don't think you had the opportunity to look at the
report. I will answer any questions if you had had an opportunity or we will go into the report,
however you want to handle it.
Mr. Edward Marquez (City Manager: Mr. Mayor, let me...
Mayor Carollo: Mr. Manager, how would you like to proceed with it?
Mr. Marquez: I am going to ask Mr. Tolliver to outline his report as an informational item.
There is absolutely no action required by the City Commission at this point. This is an
informational because this is... During the next month there is going to be a number of policy
issues that we need to address in formulating the five year plan. So this is an informational
request and I'll have Mr. Tolliver outline what he has presented basically to the State Oversight
Board.
Mayor Carollo: Very good. Go ahead, sir.
Mr. Tolliver: OK, basically Mr. Mayor and Commissioners. The assessment team looked at
several areas and currently we looked at the City Charter, the City Code and other policies
relating to procurement. We did bring down a team of experts in the field, one of which was the
National Director of the National Association of Purchasing Officers. Another individual was
the past president of the Florida Association of Public Purchasing Officers and also the first vice
president of that organization. Our scope of the review was limited to several areas.
Specifically, interactions and interviews with City Departments that is, the Police Department,
GSA (General Services Administration) and also the Procurement Department. We reviewed
other management reports such as KPMG Peat Marwick. We did not however, look at
construction contracts or architectural and engineering contracts. I guess the immediate finding
that we had as it related to the City Charter or City Code policies, was that the current Charter
does not provide provisions to annually adjust the amounts based upon a rate of change of a
nationally recognized price index: Thereby increasing the work load of current staff and not
keeping pace with consumer expectations. Our recommendation therefore would be to suspend
or preempt at this time, and I think that you might have that ability, current City Charter
requirements over forty-five hundred dollar ($4,5000 limit). And then operate under certain
sections of Chapter 287, Florida Statutes. Another finding as it related to this. was the City Code
regarding Procurement restricts and impedes, the efficiency of City departmental operations.
The recommendation there is to write a new Procurement Code which emphasizes current
practices to eliminate the City Clerk's involvement as it relates to bid openings. This should be a
function of the Purchasing Department. And to update and revise the Procurement manual
incorporating revisions of the City Code. Item B, of this report concerns itself with tactical
versus strategical purchasing, or as we call it in the procurement field, the 80/20 rule. I think
that we've talked about the forty-five hundred dollars ($4,500) enough. The numbers that were
submitted to us, and we do note here that the Chief Procurement Officer for the City of Miami,
has suggested that you have some term contracts and state contracts, small purchases that were
included in this item, and the number should be more 70/30. But whether it's 70/30, 80/20 or
90/10, it still suggests that we're chasing the small dollars and not putting a. lot of emphasis on
the large dollar purchases. Therefore, the recommendation would be to shift that focus to the
large dollar purchases. Moreover, we must take a look at the personal and professional services
and they should be centralized in the Procurement Division also. Another finding is, that we
looked at the insufficient use of state contracts, our SNAPS (phonetic) agreements and other
29 February 27, 1997
contracting methods that the State of Florida has which we've already taken the administrative
costs out of it, and also the use of other agency contracts like Dade County Contracts, the piggy
back effect so that we can immediately move requisitions through the system in a hurried
manner. The recommendation there is to utilize these types of contracting methods. I've been
authorized by the State of Florida to put in additional assistance at no cost to the City during this
financial crisis time to make immediate access of the Internet and our Intrrnet where all of our
contracts reside. Even, our SNAPS agreement which are available to you up to one hundred and
fifty thousand dollars ($150,000) maximum limitation. The procurement organization, we find
that your Chief Procurement Officer is a very talented and capable administrator. However, with
additional duties such as EEO (Equal Employment Opportunity) and also the Minority Business
Program, it could be limiting the resources that she has available to procurement, which should
be a main focus at this time of financial need. The staff within the Procurement Office, are a
very hard working staff. We've interviewed certain staff, we did not have a chance to talk to the
Purchasing Supervisor. But, however when you have individuals coming to work at six o'clock
in the morning and not leaving until seven thirty in the afternoon, and they're moving the paper
circle around and around because they can't get imported requisitions for the day, then you really
have to take a look, are we doing them a real good justice of service? And is this environment
really becoming a hostile environment? And we would suggest that the latter would be true.
These people are very dedicated, you do have two certified, professional buyers within that
group but, however, we also realize that there are some impediments as it relates to the selection
process for promoting individuals into the Procurement Department and certification should be a
consideration any time there is an advertisement for an individual to come into Purchasing. The
dynamics of purchasing are changing and they're changing very rapidly. We also noted that
several of your employees within the Procurement Division have utilized personal funds, their
own money, to pay for these courses such as negotiations, specification writing. These courses
rare in the tune of about five hundred dollars ($500) a pop, right?, and we also believe that the
City should restore Budget to the Procurement Department to pay for additional training. As I
stated earlier, this whole movement in Procurement is very fluid right now and it's changing
rapidly because we're in a virtual purchasing world where you can turn around to your PC
(Personal Computer) and point and click and the next day the supplies be delivered. These are
the type of things that we are working on currently at the state level and we're also making it
available to Cities and Counties. The automation issues, Item-D. Certainly, I think everybody is
familiar with some of the limiting factors of the accounting system SCI, Systems Consulting
Incorporated, which is not fully operational at this time. It currently has bugs. There is no
ability to do a change order within the system. Change. orders inherent to the purchasing
profession, especially in construction contracts. We know this. APS, the Automated Purchasing
System, is not fully implemented. We are also looking at the third module that the City currently
owns but has not implemented, which would help you dramatically with their contracting efforts.
Louis Moore out of St. Petersburg, Florida, they're using the same system, APS. He's
volunteered his time and services that when the City needs it, he will come down and assist with
the implementation of that Model-3. We believe that you should obtain as soon as possible a
professional needs assessment in the whole technological review process. One of the things in
our interview with the Police Department that we found very alarming was the fact that they
currently have roughly around 1,500 employees, a ninety-six million plus budget and one PC.
They're running a lot of the old Boroughs terminal systems, if I am stating it correctly, and in
today's society because they're 50 percent user of the funds here, in terms of purchasing, then
they really need to get a little bit more branched out with the PC world and take advantage of
some of their own internal contractings which would certainly help them. Customer perception.
One of the things that we did in terms of talking to people is that, the customers perceive the
purchasing system; and you the Commission itself, as somewhat of an impediment, due to the
fact that sometimes it can take as long as six weeks to get a requisition through in terms of the
small dollar items which has to come before the Commission, then a resolution has to be done
and those kind of things. What we're suggesting is, that you're paying top level managers in
these departments to really administer the programs that you put before them. Give them the
30 February 27, 1997
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authority. Empower them to make of these small dollar purchases and then remove this from
you, and so you look at the big stuff. We're also recommending that you give the City Manager
the authority to make the purchasing decisions up to Category V, which is currently one hundred
and fifty thousand dollars ($150,000) in the State Chapter 287.017 categories of procurement.
That way, it will free you up, let him make these decisions. Have the Chief Procurement Officer
report directly to the City Manager and then they become responsible. You know, too often we
hold systems accountable and not people accountable. This is a people issue and these people
certainly can make the decisions. All of this which I'm saying as the City Manager indicated,
will require some changes as it relates to your current City Code and City Charter. Purchasing
safeguards. There are not currently enough adequate safeguards to minimize unauthorized
purchases, to track and monitor contracts, to evaluate vendor performance, to look at contract
administration and the control of emergency purchases. We believe that when you rewrite the
City Purchasing manual, when you make some of the changes and incorporate those within the
Charter, and we understand when you make changes to the Charter it does have to go before the
voters of this community, and I think somebody has to go out and really be the advocate that
these changes are necessary and needed and allow yourself some freedom just like any other
organization where the constitution is one thing, but the bylaws of the real operating premise and
they can be changed just a little bit easier than the constitution. Finally, as it relates to these
safeguards, we recommend that the department heads be required to certify that an emergency
existed in accordance with approved criteria for making such acquisitions. It really doesn't do
you any good and in our interviews with some of the departments they told us quite frankly, that
they would go out and make acquisitions right, without going through the purchasing process
because they knew it took 'em a long time, right. And so, rather than be tied up because the
emergency was needed at this particular time, they would go make the acquisition at that
particular time, and then try to get it through purchasing at a later time. But more importantly as
I conclude, we believe that an in-depth audit of the Procurement Division should be performed
as soon as possible, .which will help the City of Miami look at other alternative ways and other
corrective actions that need to be taken as it relates to procurement. Two organizations that can
assist you immediately, the National Institute of Governmental Purchasing Officers, the Florida
State University College of Business, Melvin Stiff. I don't know if you're familiar, they did the
disparity study for the State which the legislature moved to the side last year and another
disparity study, an update of that disparity study will be taking place. But, in Florida State's
approach they look at current business practices, and what is happening out here in the world
today and where the emphasis needs to be placed. And we at the State we're trying to move
forward in the same vein. I will note that we did receive responses on all of the
recommendations and the findings, or some, or most of them I should say. I think Aaron Weeks
has asked the staff to go back and go point for point on the recommendations and the findings we
had. And they agreed with most of that. I just read an article in Miami Today, that came out
where the City Manager said that he would move forward to implement these type of
recommendations. He did state that to the Lieutenant Governor on Monday when I was down
and made the same presentation to the Oversight Board. With that, I know you have a full day
ahead of you, I will continue to work. But I also stated on Monday to the Oversight Board and
the Lieutenant Governor, that if we keep coming down and everything that we hear from the
departments to personnel, other personnel is that we have to go before the City Commission and
if the City Commission does not want to change these type of things then it really doesn't make
any sense for me to expend the state's funds, and currently I'm at over twelve thousand dollars
($12,000) with this assessment team and coming down myself until there are some changes. We
are fully committed, we did give a laundry list on Monday, of the things that the State of Florida
is willing to right now. The Division of Building Construction as it relates to your capital
projects, we can come in assist you there. The Division of Communications, we can come in and
assist you there. Our Technical Resources Data Center, we can come in and assist you there.
State Purchasing, we can assist you there. But, however we need to have the commitment that
you want the assistance, and certainly we'll be more than happy to come down. The Governor
has indicated to us that he wants this as a priority issue, and it certainly is a priority issue as it
31 February 27, 1997
relates to my secretary and me being put on loan to the City of Miami. Thank you gentlemen,
for your patience, I will answer any questions you may have at this time.
Commissioner Hernandez: I have a question. (phonetic)
Mayor Carollo: We thank you for you presence here and the overview that you've given us, the
assesment that you've given us of what you've done so far. Let me be absolutely clear that
we're very appreciate of whatever help, whatever assistance you can give us. And we're very
serious about making sure that the City of Miami is going to be turned around, and we'll do
whatever we need to, to make sure that happens. However, as you pointed out, thre are some
things that we are prohibited by Charter, by the laws that govern this City from being able to do
unless it is put of to the vote of the public. Some other police decisions for this Commission to
make, the Manager will somehow find the time to'meet with each one of us to give us his
opinions, suggestions so that we can try to move on as many of these things that we feel would
make sense as quickly•as possible. I think you've done a very excellent job in preparing this
brochure for us, and I think that there are many things here that we're going to find helpful. And
certainly, we would like to keep you around to help us in some of the other areas that you've
mentioned.
Mr. Tolliver: We stand committed, sir. Thank you.
Mayor Carollo: Thank you.
Commissioner Plummer: Well, before you leave...
Commissioner Hernandez: Mr. Mayor...
Mayor Carollo: Yes.
Commissioner Hernandez: I have a question.
Mayor Carollo: Commissioner Hernandez.
Commissioner Hernandez: Mr. Tolliver...
Commissioner Plummer: I have a single... Go ahead.
Commissioner Hernandez: Mr. Tolliver, were you able to review our bid protect procedures?
Mr. Tolliver: No we didn't take a lot at that. Are you currently operating under Chapter 120,
that provides the guidelines for the protest?
Commisioner Hernandez: I know we have been reviewing that. But I don't... We are not under
those guidelines right now. So, I'd like if it's possible, if you're still around to review those bid
protest procedures. Number two, did you ever, in your review did you ever find there were
concerns or problems with unauthorized purchases?.
Mr. Tolliver: With unauthorized purchases?
Commissioner Hernandez: Yes, sir.
Mr. Tolliver: Yes, sir. That was a big concern as it relates to the assesment team that came
down and we tried to look at that and take that concern in context with the interviews of the two
departments, GSA (General Service Administration) and the Police Department. So, we asked
32 . February 27, 1997
specifical questions that you will find in the report up front that I didn't go over here. But, the
unauthorized purchases certainly gets you -into a serious area of concern and you should be
rightly concerned about that. But again, I believe that that can be handled by making people
accountable and not holding systems accountable.
Commissioner Hernandez: OK.
Commissioner Plummer: The question I have, we have a policy here that in bidding procedures
local, Miami local people, have a ten percent edge. It is my understanding that ten percent edge
is in fact to allow the local person to meet the lowest bid, is that correct? Where is that
detrimental to the City?
Mr. Tolliver: I'll tell you where it's detrimental to a City, Commissioner. Number one, I don't
have a problem with preferences, but preferences by nature is an unfair advantage that one has
over another. Where it can be detrimental in your case, is that you start reducing the pool of
outside vendors to compete. So therefore, you're left with the local vendors, thus taking the
chance of prices going up and you don't have anything to bench market against. Therein lies the
problem. Now, outside of the financial crisis that you currently find youselves in, then I would
agree with you. As a matter of fact, I do a number of speaking engagements annually, for
miniority businesses which we rely heavily on in the State of Florida.
Commissioner Plummer: And set asides.
Mr. Tolliver: And set asides, yes sir. I do do that. We look at it, the State of Florida through
our state agencies we contract for approximately five hundred and fifty million dollars
($550,000,000) annually. More importantly through the use of Cities and Counties, it's probably
about two billion dollars ($2,000,000,000,000). So, we -look at the use of preferences as it relates
to recycled products, prison industry products, the -purchase from the severely blind and
handicapped, all of these are preferences and we advocate those strongly. Local proference, no
different. But however, when you start limiting the pool and you don't see the competition out
there, then you might want to take another look at it. And that's another thing that your staff in
the Purchasing Department has indicated as it relates to sometimes they can move things a lot
quicker through, but you all have requested the use of local preference. And that might be
something that you might want to suspend for the time. You can always go back to it.
Commissioner Plummer: Who did you give this list of the things that the City could avail itself
of the state?
Mr. Tolliver: We gave that to the Oversight Board on Monday.
Commissioner Plummer: Would you find it impossible to send it to us, the Commission who
have to make the final vote?
Mr. Tolliver: I try anticipatory, Commissioner Plummer and I do have a copy that I can share
with the City Manager at this time. There are certainly other things, that one of the things that
the Director of State Purchasing has indicated to me to share with you is that we have a "No Cost
Utilities Contract" which suggests that we will go in, or the contractor will go in and take a look
at your utility records, your telephone records and if there are overcharges in there, and we've
found hundreds of thousands of dollars through Cities and Counties...
Commissioner Plummer: Statewide.
Mr. Tolliver: .. throughout the State. They'll go in and bring the money back to you, at no cost
to the City. The only thing it requires is you issue a No Cost Purchase Order to them.
33 February 27, 1997
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Commissioner Plummer: So be it.
Commissioner Gort: Excuse me, was that a state agency or an independent private sector?
Mr. Tolliver: That's an independent contractor that has a State of Florida contract.
Commissioner Gort: The person has a contract with the State of Florida. Because, I think we
received that about a year and a half ago and I sent it up to the Manager then they removed the...
Mr. Tolliver: Yeah, I was told...
Commissioner Gort: .. but, my understanding is, they can save a lot of money.
Mr. Tolliver: I was told by the Contract Administrator before I left Tallahassee that the
contractor had offered it to the City of Miami twice and that each time they had no response.
Commissioner Gort: Right. Thank you.
Commissioner Hernandez: Thank you very much, Mr. Tolliver.
Mayor Carollo: Thank you very much, Mr. Tolliver.
Commissioner Plummer: Very good report.
Mr. Tolliver: Thank you, thank you.
----------------------------------------------------------------------------------------------------------------
5. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 2 TO MEETING
OF MARCH 20, 1997 (EMERGENCY ORDINANCE: AMEND SECTION III
OF ORDINANCE 11337, CAPITAL -- IMPROVEMENTS APPROPRIATIONS
ORDINANCE, INCREASE APPROPRIATIONS TO EXISTING CAPITAL
IMPROVEMENT PROJECT 322061 ENTITLED "TOWER THEATER
REHABILITATION" FROM $1,302,800 TO $1,906,800, AN AMOUNT OF
$604,000).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: What's next on the agenda?
Commissioner Heranndez: Number two.
Commissioner Gort: Item 3 has been deferred. ,I mean item 2.
Commissioner Plummer: Has to be deferred, right?
Commissioner Gort: Yes.
Commissioner Hernandez: Move.
Commissioner Plummer: Second.
Commisioner Hernandez: A motion and a second.
34 February 27, 1997
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Mayor Carollo: There's a motion, there's a second to defer. All in favor signify by saying
"aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.97-118
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 2 (PROPOSED
AMENDMENT TO SECTION III OF ORDINANCE NO. 11337, AS AMENDED, THE
CAPITAL IMPROVEMENTS ORDINANCE, TO INCREASE APPROPRIATIONS TO
EXISTING CAPITAL IMPROVEMENT PROJECT NO. 32061 ENTITLED "TOWER
THEATER REHABILITATION" FROM $1,906,800, AN AMOUNT OF $604,000).
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.
----------------------------------------------------------------=-----------------------------------------------
6. RATIFY CITY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
COMPETITIVE BID -- APPROVE PURCHASE OF ON-LINE COMPUTER
SERVICES FOR RESEARCH OF PUBLIC RECORDS FOR MIAMI POLICE
DEPARTMENT FROM DATABASE TECHNOLOGIES, INC., -- ALLOCATE
FUNDS ($18,000, ACCT. CODES 001.000.290201.6.270 [$2,000];
148002.29060-6.6.270 [$12,000]; [$4,000] 110063.290466.6.270).
---------------------- -----------------------------------------------------------------------------------------
Mr. Manuel Gonzalez-Goenaga: I would like to have a clarification on item 3.
Ms. Judy S. Carter (Chief Procurement Officer): Is this a motion to approve?
Mayor Carollo: It's a motion to defer. Excuse, me. No, number two. We're now in number
three, sole source. There's no deferment in this one, OK. Mr. Goenaga...
Mr. Gonzalez-Goenaga: Yes.
Mayor Carollo: .. real briefly, two minutes.
Mr. Gonzalez-Goenaga: Less than one minute. -I just wanted to make a question. This is
regarding public records for the Police Department. I wonder when we will, these data basing
will also serve for public records that I request from the Police Department, that has been going
35 February 27, 1997
L
for a long, long time and they have yet produced it?. Because I will oppose unless it covers also
the public records request of the owners of the City where the Miami Police is to serve and
protect. And they should make full disclosure when it's available, and I'm getting sick and tired,
babies. And don't wait until I get a lawsuit because then you have to pay for my legal costs.
Thank you. You have.been violating the law on my request. Thank you.
Mayor Carollo: Yeah, we don't need to answer that. He's made a statement, you've heard it.
Lets go on with item 3. Any questions for the members of the Commission?
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Hernandez.
Mr. A. Quinn Jones, II1, Esq. (City Attorney): Before you vote Mr. Mayor, just to make one
notation. I think the reso on your package has an error in the account code, and the proper
account code for the record is 110063.290478.6.270.
Mayor Carollo: Thank you. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It's been approved unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-119
A RESOLUTION RATIFYING THE CITY MANAGER'S FINDING OF A SOLE
SOURCE. WAIVING THE REQUIREMENTS FOR COMPETITIVE BID THEREBY
APPROVING THE PURCHASE OF ON-LINE COMPUTER SERVICES FOR THE
RESEARCH OF PUBLIC RECORDS FOR THE MIAMI POLICE DEPARTMENT
FROM DATABASE TECHNOLOGIES, INC., (NON-MINORITY/NON-LOCAL
VENDOR) AT A TOTAL PROPOSED ANNUAL COST NOT TO EXCEED $18,000;
ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT
GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001.000.290201.6.270
($2,000); ANTI -GANG GRANT, ACCOUNT CODE NO. 148002.29060-6.6.270
($12,000); AND OPERATION CARS GRANT, ACCOUNT CODE NO.
110063.290466.6.270 ($4,000); PROVIDING FOR THE EXTENSION FOR ONE (1)
ADDITIONAL YEAR; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT FOR THE ACQUISITION OF THESE SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
36 February 27, 1997
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F
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.
----------------------------------------------------------- ----------------------------------------------------
7. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF SOUTH
FLAGLER SANITARY SEWER IMPROVEMENT, DISTRICT SR-5540-C.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, number four.
Commissioner Plummer: Let the record reflect that no one came forth to object, I move it.
Mayor Carollo: It's moved by Commissioner.
- Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor signify by saying "aye."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
I
RESOLUTION NO. 97-120
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF
SOUTH FLAGLER SANITARY SEWER IMPROVEMENT IN SOUTH FLAGLER
SANITARY SEWER IMPROVEMENT DISTRICT SR-5540-C (CENTERLINE
SEWERS) AND REMOVING ALL PENDING LIENS FOR SAID IMPROVEMENT
NOT HEREBY CERTIFIED.'
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
37 February 27, 1997
01
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 Heranndez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
8. (A) FIRST READING ORDINANCE: AMEND SECTION 62-61 OF CODE:
"SCHEDULE OF FEES," INCREASE VARIOUS FEES SET FORTH IN
SAID PLANNING AND ZONING MATTER RELATED FEE
SCHEDULE.
(B) COMMENTS BY VICE MAYOR REGALADO REGARDING LACK
OF EFFICIENCY OF ZONING APPLICATION PROCESS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Five and six have been withdrawn. We're in seven now, first reading
ordinance.
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Hernandez.
Vice Mayor Regalado: Mr. Mayor.
Mayor Carollo: Open for discussion. Go ahead.
Vice Mayor Regalado: We are going to raise the fees for Planning and Zoning. But, we keep
getting complaints about the way the zoning applications are being handled. And I was
wondering if we can promise the people that are going to try to do business with the City of
Miami that either we are going to change the system in terms of inspections or that we're going
to expedite the applications process?
Commissioner Gort: Vice Mayor, if you recall. I have been working with the Building
Department, Zoning Department quite a bit and we came- up with the recommendation that we
create a committee of people, independent industry.
Vice Mayor Regalado: Yeah, I know and I do have to appoint a person.
Commissioner Gort: I need your appointments so that that can get going and working on it and
giving some advise on how to improve the area.
Vice Mayor Regalado: I know that, I know that, but you know, I think that if we're going today
to raise the fees, today we should have some kind of response for people who do have legitimate
complaints.
38 February 27, 1997
F
Commissioner Gort: Vice Mayor, this is a first reading. They will have to come back to us, and
hopefully by the time they come back second, we've have implemented some of the changes.
But I need for you to make that appointment please?
Vice Mayor Regalado: I will.
Commissioner Gort: Thank you.
Mayor Carollo: OK, Call the roll, please?
Mr. Walter J. Foeman (City Clerk): Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 62-61 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "SCHEDULE OF FEES,"
INCREASING VARIOUS FEES SET FORTH IN SAID PLANNING AND ZONING
MATTER RELATED FEE SCHEDULE; CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
39 February 27, 1997
L
T—"
----------------------------------------------------------------------------------------------------------------
9. ACCEPT BIDDERS FOR PLACEMENT ON QUALIFIED BIDDER'S LIST --
FOR FURNISHHING LOT CLEARING SERVICES -- FOR COMMUNITY
DEVELOPMENT/NET: KEMP SERVICES INC., J.L.C. OF MIAMI CORP., A.
SUAREZ LAWN SERVICE, OCEAN CROWN ENVIRONMENTAL INC.,
SOUTH FLORIDA MAINTENANCE SERVICE, INC., PAINT PERFECT,
INC., J.R. ALVAREZ LAND CLEARING, TRIPLE C INC., TUNJOS
TRADING CO. INC. -- ALLOCATE FUNDS ($120,000 FROM ACCT. CODE
452222-940-799229; $20,000 FROM ACCT. CODE 251113-205-145001).
Mayor Carollo: OK, we're in item 8.
Commissioner Plummer: Move it.
Ms. Judy Carter (Chief Procurement Officer): Yes, sir. I'd like to make a correction on the total
amount of dollars.
Mayor Carollo: What is the correction?
Ms. Carter: That amount of one seventy thousand is an error. It should be one hundred and forty
thousand consistent with the availability of funds. And instead of one hundred and fifty
thousand it should be one hundred and twenty thousand from account code 452222-940-799229
as stated in the record.
Mayor Carollo: OK, so it's one hundred and twenty -thousand instead of one hundred and fifty
thousand.
Ms. Carter: Exactly. And the total...
Mayor Carollo: And one hundred of forty thousand instead of one hundred seventy thousand as
the total.
Ms. Carter: Absolutely, sir.
Mayor Carollo: OK, well it's. good to have mistakes in our favor. There is a motion by
Commissioner Plummer, second by Commissioner Gort. Any further questions from the
Commission?
Commissioner Hernandez: Yes.
Mayor Carollo: OK, go ahead.
Commissioenr Hernandez: Mr. Manager, one of my first meetings I had asked to look into the
possibility of the City, if we have the capabilities, the manpower and the equipment to handle lot
clearing, since most of the time this comes out of pocket, we have to pay for this once we request
one of these vendors to go ahead and clear a lot. I don't know if you have been able to, or if
you'd had the opportunity, but I think it's something that we should look into. That way we
don't have to continue to flip money out of our own pocket. I believe we might have the
capabilities but, then again, I'd like you to look into that.
Mr. Edward Marquez (City Manager): I will look into that as part of the five year plan
development.
40 February 27, 1997
L
r--
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. 97-121
A RESOLUTION ACCEPTING THE FOLLOWING BIDDERS FOR PLACEMENT
ON A QUALIFIED BIDDER'S LIST FOR THE FURNISHING OF LOT CLEARING
SERVICES AT VARIOUS CITY LOCATIONS FOR THE DEPARTMENT OF
COMMUNITY DEVELOPMENT/NET: KEMP SERVICES, INC. (BLACK/DADE
COUNTY VENDORS: ADEOLA ADERINOKUN AND JOSEPH FALLUADE,
OWNERS): J.L.C. OF MIAMI CORP, (BLACK/DADE COUNTY VENDOR:
DOUGLAS L. AND MONICA E. JEMISON, OWNERS); A. SUAREZ LAWN
SERVICE (HISPANIC/DADE COUNTY VENDOR: ANTONIO SUAREZ, OWNER):
OCEAN CROWN ENVIRONMENTAL INC. (BLACK/DADE COUNTY VENDOR:
LARRY & JUSTINAH KOLAPO, OWNERS): SOUTH FLORIDA MAINTENANCE
SERVICE, INC. (HISPANIC/DADE COUNTY VENDOR: JOSEPH M. INFANTE,
OWNER); PAINT PERFECT, INC. (BLACK/DADE COUNTY VENDOR: EVERETT
GAY, OWNER); J. R. ALVAREZ LAND CLEARING (HISPANIC/LOCAL VENDOR:
RUFINO ALVAREZ, OWNER); TRIPLE C INC. (BLACK/DADE COUNTY
VENDOR: CHRIS, CHRIS A., AND CECIL D. PARRISH, OWNERS); AND TUNJOS
TRADING CO. INC. (BLACK/DADE COUNTY VENDORS: PATIENCE AND
MICHAEL O. JOSHUA, OWNERS); ON AN AS NEEDED BASIS; FURTHER
PROVIDING FOR THE INCLUSION OF ADDITIONAL VENDORS AT SIX (6)
MONTH INTERVALS ON A CONTRACT BASIS FOR ONE (1) YEAR, WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS;
ALLOCATING FUNDS THEREFORE IN THE AMOUNT OF $120,000 FROM
ACCOUNT CODE NO. 452222-940-799229, AND $20,000 FROM ACCOUNT CODE
NO. 251113-205-145001,P AT A TOTAL PROPOSED ANNUAL AMOUNT OF
$170,000; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE
AND THEREAFTER TO EXTEND THESE CONTRACTS FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICES, TERMS AND
CONDITIONS SUBJECT TOT HE AVAILABILITY OF FUNDS.
(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.
41 February 27, 1997
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-------------------------------------------------- ------- --------------------------------------------------
10. REQUEST TRANSFER OF JURISDICTION OF FLAGLER STREET FROM
STATE OF FLORIDA CONTROL TO CITY OF MIAMI -- FOR
STREETSCAPE IMPROVEMENTS FOR THE FLAGLER MARKETPLACE
PROJECT.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, we're in number nine.
Commissioner Gort: Number nine, I'll move it.
Commissioner Plummer: Second.
Mayor Carollo: No questions on this one? 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 Gort, who moved its adoption:
RESOLUTION NO. 97-122
A RESOLUTION REQUESTING THE TRANSFER OF THE JURISDICTION OF
FLAGLER STREET IN DOWNTOWN MIAMI FROM THE STATE OF FLORIDA
CONTROL TO THE CITY OF MIAMI TO ACCOMPLISH STREETSCAPE
IMPROVEMENTS FOR THE FLAGLER MARKETPLACE PROJECT.
(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 Heranndez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
L
42 February 27, 1997
----------------------------------------------------------------------------------------------I------------------
11. CLASSIFY SURPLUS OFFICE FURNITURE FROM DUPONT PLAZA
OFFICE BUILDING AS CATEGORY "A" SURPLUS STOCK -- FURTHER
DONATE SAME TO TWELVE NOT -FOR -PROFIT CITY OF MIAMI
COMMUNITY AGENCIES.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Number 10.
Commissioner Plummer: Move it.
Commissioner Hernandez: Second. .
Mayor Carollo: Is there, well first of all I guess the question that I have is...
Vice Mayor Regalado: I have a question on this one too, Mr. Mayor.
Mayor Carollo: Go ahead Commissioner, you start.
Vice Mayor Regalado: OK, how are we going to give away the surplus furniture to this,
different organizations? Do they go and pick what they want or what they need, or you tell 'em,
and how did we decided that these people were the ones that were going to get the surplus
furniture?
Ms. -Judy S. Carter (Chief Procurement Officer): Sure, I'll be more than glad to answer that,
Vice Mayor. First of all I do know that during the time that we were in Dupont, there became a
need as a result of our move to also dispose of whatever furniture that was no longer to be
transferred to the MRC (Miami Riverside Center) Building. My initial desire was to sell it. And
I made every attempt to do that by issuing advertisement for same in Business Monday, inviting
over 15 vendors who are liquidators to come in and inspect that which was to not go to MRC
with the hope of being able to sell it knowing that the City needed the money. We had the
inspection and as a result of that inspection we met with those vendors, five attended that
inspection. And they said to me point blank, that the City needs to pay us for moving their
furniture. That the value of it, the condition of it, the location of it not being in a central
location, but spread out among nine long floors was to labor intensive. The elevator, which was
a freight elevator was only one in an inaccessible area and broken most of the time, that they did
not see the use nor the value of bidding. Of course, they came when we were to open bids and
we received none. My next intent obviously was to move towards asking other departments
outside of those that were going to MRC, those who would have an interest in those particular
furniture items. And as a result, I mailed memos to Department Directors requesting that they
come and see those particular items with the hope that they would transfer them to their
locations. Departments such as NET (Neighborhood Enhancement Teams) offices, Police
Department, as well as other outside offices that would not be going to MRC. They did come.
And as a result most of the furniture was transferred to those departments that I have provided a
list to you of. The remaining furniture we determined that the best way to dispose of it to keep
the cost down, was to invite community agencies. Well, I don't know anything about
community agencies, so I asked the Department of Community Development to supply me with
the community agencies that they do business with. And, they provided me with over 40 some
odd community agencies. We faxed a notice to them giving them the opportunity to come and
see what was left. And if they desired to take it, through the City Code we have the ability to
donate that to that agency. We.. 12 agencies responded. They came, they sort, the took and as a
result of that, we're now asking you to approve that which has taken place. The good thing
43 February 27, 1997
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about all of this is that we moved everything out, within 30 days to assure ourselves that we are
no longer responsible for any further payment to Dupont Plaza.
Vice Mayor Regalado: Thank you.
Ms. Carter: Uh-huh.
Commissioner- Plummer: So, it's ratification.
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.97-123
A RESOLUTION CLASSIFYING SURPLUS OFFICE FURNITURE THAT WAS
UTILIZED IN THE NOW VACATED DUPONT PLAZA OFFICE BUILDING AS
CATEGORY "A" SURPLUS STOCK; FURTHER DONATING SAME TO TWELVE
NOT -FOR -PROFIT CITY OF MIAMI COMMUNITY AGENCIES, AS HEREIN
SPECIFIED.
(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.
L
44 February 27, 1997
-- -------------------------------------------------------------------------------------------------------
12. ACCEPT BID: EVACO, INC., -- FOR PRINTING AND BINDING OF
COMPREHENSIVE ANNUAL FINANCIAL REPORT -- FOR GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE/GRAPHIC
REPRODUCTIONS DIVISION -- ALLOCATE FUNDS ($21,000, ACCT.
CODE 420501-680).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Eleven.
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
Mayor Carollo: There is a motion, there is a second. All in*favor signify by saying "aye."
The Commission (Collectively): Aye.
Mr. Manuel Gonzalez-Goenaga: Just a clarification, Mr. Mayor.
Mayor Carollo: Mr. Goenaga, if I could ask you a favor and everybody else here that, if there
are statements or clarifications that need to be made, if we could do it while we're still on the
item, if it's possible?
Mr. Gonzalez- Goenaga: Yes.
Mayor Carollo: Thank you. Go ahead, sir.
Mr. Gonzalez-Goenaga: Well, the printing of an annual report, and I have mentioned before in
public companies, the owners of the City is the citizens. For years, we have spent a lot of money
in annual reports for the comprehensive that, let's face it, we pay for it but the numbers there
weren't even worth the paper they were printed in.
Mayor Carollo: But Manny, what item are... What item?
Mr. Gonzalez-Goenaga: The issue is, that I'll be provided. It's not for the benefit of the
Commisssioners, to all the citizens I request a printing, comprehensive financial disclosure that
I'll be provided, I, please, include me on the list and I come to pick it up. I know it's very
expensive, the postage. I'm willing to go to hell to pick it up. Thank you very much.
Mayor Carollo: I don't want you to go to hell, but I don't know what this had to do wtih item 11
or 12 Manny, even the one we did before or the one coming after?
Mr. Gonzalez-Goenaga: Yes, it's the printing that is not put underground and refrained from the
actual owners of the City, who is not the Commission but the shareholders are the citizens.
Commissioner Plummer: I move item 12.
Mayor Carollo: There is a motion on item 12.
Commissioner Hernandez: Second.
45 February 27, 1997
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Mayor Carollo: Second on item 12. All right, all those in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-124
A RESOLUTION ACCEPTING THE BID OF EVACO, INC., (NON-
MINORITY/LOCAL VENDOR: JOSEPH AND LYNN EVANS, OWNERS) FOR THE
PRINTING AND BINDING OF THE COMPREHENSIVE ANN10AL FINANCIAL
REPORT FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
AND SOLID WASTE/GRAPHIC REPRODUCTIONS DIVISION, AT A TOTAL
PROPOSED ANNUAL COST OF $21,000 FOR THE INITIAL FIRST YEAR, WITH
THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 420501-680;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID SERVICE
AND THEREAFTER TO EXTEND SAID CONTRACT AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(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.
L
46 February 27, 1997
----------------------------------------------------------------------------------------------------------------
13. EXTEND MARTIN'S LAMAR UNIFORMS CONTRACT -- FOR POLICE
UNIFORMS/LEATHER GOODS -- ALLOCATE FUNDS ($50,000, ACCT.
CODE 001000.290.201.6.075).
----------------------------------------------------------------------------------------------------------------
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-125
A RESOLUTION AUTHORIZING THE EXTENSION OF A CONTRACT WITH
MARTIN'S LAMAR UNIFORMS, FOR THE PROVISION OF POLICE UNIFORMS
AND LEATHER GOODS, FOR A PERIOD OF THREE (3) MONTHS, BEGINNING
ON FEBRUARY 1ST, 1997 AND ENDING ON APRIL 30TH, 1997; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $50,000, FROM THE
POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT
001000.290201.6.075; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE CONTRACT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO EVIDENCE THIS EXTENSION OF THE TERM
THEREOF. (This item was deferred from the meeting of February 20, 1997.)
(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 Heranndez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
14. EMERGENCY ORDINANCE: AMEND CHAPTER 30 OF CODE, "LEISURE
SERVICES AND RECREATION" -- ADD / DELETE DEFINITIONS;
FURTHER GRANT CITY MANAGER AUTHORITY TO ESTABLISH /
ADJUST FEES.
------------------------------------------- --------------------------------------------------------------------
Mayor Carollo: Thirteen.
Vice Mayor Regalado: Mr. Mayor, this item in front of us has to do with the parks and I just
want to clarify something with Mr. Ruder here. We are not, we are not dealing here with
baseball academies. We're dealing here with a separate issue or are we dealing with the baseball
academies on these fees that you're offering?
47 February 27, 1997
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F
Mr. Albert Ruder (Director, Parks & Recreation Dept.): No, no. These fees set here is just a
general park fee increase. It's across the board for everyone but youth groups and senior groups.
We're ready to discuss those groups today if you want to, with a recommendation. But the
ordinance before you just addresses those type of uses.
Vice Mayor Regalado: Mr. Mayor, I asked Manolo Alvarez, who is a Sports Commentator, who
has done an incredible work with the baseball academies. And he knows to be present in the
meeting with Mr. Ruder on several baseball academies so we can hear what they have say in
terms of their economic situation. And, that would take place next week and I feel that we can
bring back to this Commission and the City Manager maybe an offer or a proposal from these
people in terms of what they can contribute to the City of Miami.
Mayor Carollo: All right. Is he here or is he coming or?
Vice Mayor Regalado: No, he's coming next week. It's just that we were not able to do this
before this meeting.
Commissioner Plummer: Yeah. Next week or on the 20th?
Vice Mayor Regaladeo: No, no. The meeting with us is next week and we can bring this back
on the next Commission meeting.
Commissioner Plummer: Well...
Mayor Carollo: Well, you would like to defer the item, that's what you're saying?
Mr. Ruder: Well, if we...
Vice Mayor Regalado: Well, this doesn't have to do anything at all with...
Mr. Ruder: Right, and this will bring us revenue right away for other users. So it's really
important for us to have it because we need all the renvene.
Vice Mayor Regalado: But I just want to make clear, that this does not address the baseball
academies.
Mr. Ruder: Right, right. It does not.
Vice Mayor Regalado: OK.
Commissioner Hernandez: Albert, is the increase in fees comparable to what the County is
charging these days?
Mr. Ruder: We, not only compared it to Dade County's but to most of the local municipalities
and we considered our own facilities and the ability to pay of our own citizens and things like
that, and that's how we came up with this fee strucuture. And I think it's reasonable and it's fair
and you know, we haven't raised them in years and I think, you know, most people would be
able to accept them.
Commissioner Plummer: I would like to see an audit of all that we are giving to, free of charge.
You know, it might be said that this is a non-profit organization but you might see the director
taking...
48 February 27, 1997
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Mr. Ruder: OK.
Commissioner Plummer: two hundred thousand salary for it. So, you know...
Mr. Ruder: I'll look into it.
Commissioner Plummer: .. I'm asking when that when you bring it back on the 20th, that we do
have an audit of that organization and a proposed budget.
Mr. A. Quinn Jones, III, Esq. (City Clerk): Mr. Mayor, before you vote on this ordinance, your
package had... Oh, is it being deferred?
Commissioner Plummer: I think it's going to be deferred, isn't it.
Mr. Jones: No.
Commissioner Gort: No, it's a new one.
Mayor Carollo: No, it's not going to be deferred.
Commissioner Hernandez: No, it's not going to be deferred.
Mayor Carollo: You don't want it deferred.
Commissioner Plummer: Oh.
Mr. Jones: Oh. Just to bring your attention. I think in the•. package you have, there are two
incorrections in the ordinance that you have there. I think the package you have, there's strikes
throughs deleting the section dealing with City sponsored activities. And also there was a
section omitted that needs to be reinserted. The section that was deleted that should be included
is Section I - City Sponsored Activities which reads... "there shall be no charge to all City
sponsored activities including City creation sponsored programs for or use at the following
recreational facilities: Play area, picnic area, camping area, community building, track meet, 3-
hour limit soft ball field, 2-hour limit baseball field, 3-hour limit football soccer field 4-hour
limit." The second error which was omitted would be the inclusion of this language Section II -
Schedule of Use Charges: "generally the City Manager shall establish the scheduling of
recreational facility use charges by March 21, 1997, thereafter the City Manager shall review and
revise the Schedule of Use charges annually prior to the first day of September and such use
charges if revised shall become effective the first day of October. In reviewing the existing
Schedule of Use Charges to determine whether or not to revise and adjust the same, the City
Manager had taken into consideration any one or all of the following: 1-Operating Expenses, 2-
City Financial Needs; 3- Marketing Conditions; 4-Purpose and Type of Events or programs
conducted at the recreational facility including benefits to the community; 5-Estimated Revenues
to be Generated; 6-And and or other factors deemed appropriate by the City Manager. At any
time if the City Manager determines that the then current Schdule of Charges is not properly
addressed, particularly the Type of Usage, the City Manager shall be authorized to negotiate the
Recreational Facility Use Charge. In the case of Specific Event or Use or establish a Use Charge
in the case of type or event or use which is likely to occur. Sub -Section D-Rules and
Regulations, the Parks and Recreational Department Director shall establish the rules,
regulations and procedures including cancellation fess, deposits, etc. for the usage of recreational
facilities in City parks subject to review and approval of the City Manager and the City Attorney.
Recreational Facility Usage: applications, permit and contracts shall be subject to review and
approval by the City Manager and the City Attorney. All users shall be required to provide the
necessary insurance indemnification, etc. as required by the City's Risk Management Division or
49 February 27, 1997
its successor. E-Personnel Cost, any additional personal cost deemed necessary by the Parks and
Recreation Department shall be added to the facility rental fee. Sub- section F, Fee Reductions.
The City Manager may establish a fee reduction program to encourage more participation in the
City'ssSponsored Summer Holiday and Recreation camps. Those are the two omissions and or
deletions that need to be included and for the record I have read those. So, if you would now
like me to read the ordinance I can, if there are any questions?
Mayor Carollo: Go ahead, please.
Commissioner Hernandez: I need...
Commissioner Plummer: Call the roll.
Mayor Carollo: Call the roll, please?
Mr. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. I represent the Allapattah
and Community Development. One of the things I'd like to see here, is the User's Fee combined
(phonetic). And also, a non-resident permit. Simple, we're subsidizing, like Coral Gables. No
wonder they have so little tax, 'cause I see I go to Douglas Park with my grandson, I see my
friend with his grandchildren. He lives at Karima (phonetic) which is an extension of 28th
Street. He goes there with his grandchildren. He doen't pay any... I mean we can't control that,
but certain organized activities, you can't control because I used to pay the non-resident permit
to the City of Hialeah for one hundred dollars ($100) a year when my children were going to
school in Hialeah, to Hialeah First Baptist, they were going there and they were using Campbell
Hall, the park and all that. In order for them to use, I have to pay one hundred dollars ($100)
yearly to the City of Hialeah. How come we can't get those revenues to finance here, I know it's
hard some times. But you have to try to find revenue because it's not fair for the City, for us to
be subsidizing other cities. They all come to Miami, they use facilities and they don't contribute
anything to the City and that should be wrong because they are the richest City. They, you go to
Miami Shores or Biscayne Park they have big signs that say, "residents only can play, use these
facilities." That's discriminatory, but they are doing it. And another thing, if the academy isn't
there people been complaining tome that some of the academny they use the facility and they
control everything on the park, that they're given first priority. I think maybe, OK, they do a
good work but I mean that non-profit thing should be investigated to see how much is non-profit
there. Because they make a big salary and all that. They're making business there, that's not a
non-profit thing. Thank you.
Commissioner Plummer: Yeah, but your problem is, it was like we tried that at Virginia Key for
the beach. And people would steal a drivers license or give false I.D. (identification) to say, Oh,
well I am a City resident. Yet, their license tag shows that they were from Leon County. You
know, I mean, that's the kind of thing you run... And I totally concur with you. I think that, why
should I as a City resident have to subsidize parks and other recreation facilities for people who
don't pay any taxes in the City of Miami. Coral Gables, you go to Venetion pool, they have a
residential fee or not fee, and if you're not a resident you pay a fee.
Commissioner Gort: We have that. We have that.
Commissioner Plummer: Well.
Mr. Ruder: This ordinance is specifically, if you go through the different activities we
differentiate between City and non -City.
Commissioner Gort: Right, non-residents have to pay more.
50 February 27, 1997
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Commissioner Plummer: Yeah, I don't have any problem with that at all.
Mayor Carollo: Call the roll, please?
Mr. Walter J. Foeman (City Clerk): I need a mover and a seconder, Mr. Mayor.
Mayor Carollo: Commissioner Plummer moved it, Commissioner Hernandez seconded it.
Mr. Foeman: Roll call.
Mayor Carollo: Thank you.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 30, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LEISURE
SERVICES AND RECREATION", THEREBY ADDING AND DELETING
DEFINITIONS; GRANTING THE CITY MANAGER THE AUTHORITY TO
ESTABLISH AND ADJUST FEES, MORE PARTICULARLY BY AMENDING
SECTIONS 30-1, 30-2, AND 30-6, AND REPEALING SECTIONS 30-3, 30-4, 30-5
AND 30-7 IN THEIR ENTIRETY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Hernandez,
for adoption as an emergency measure and, dispensing with the requirement of reading
same on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L.. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Herandnez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Heranndez, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Heranndez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11447.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
51 February 27, 1997
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----------------------------------------------------------------------------------------------------------------
15. ACCEPT LIST OF TWELVE NAMES FOR CITY OF MIAMI SCHOLARSHIP
NOMINATIONS FOR 1997-1998 ACADEMIC YEAR AT UNIVERSITY OF
MIAMI.
Mayor Carollo: We're now under personal appearances, 14.
Mr. Cyrus Jollivette: Good morning, Mr. Mayor...
Mayor Carollo: Good morning.
Mr. Jollivette: ... Mr. Vice Mayor, members of the Commission. My name is Cyrus Jollivette. I
am a resident of the City but I appear before in my capacity of Vice President for Government
Relations and Executive Assistance to the President of the University of Miami. And I'm here
today concerning the City of Miami, University of Miami Joint Scholarship Program which was
inaugurated with an entering class in 1991. Under the conditions of this scholarship program,
121 one scholarships are to be awarded. Each entering scholarship recipient if he or she
continues through to graduation in four years will use four scholarships. Earlier, we transmitted
to you a memorandum with a listing of 11 candidates. However, we discovered after this
transmitted there was one additional candidate, there should be 12. And the additional candidate
is listed on the last sheet now being provided to you by my colleague, Tom Judge who is the
Associate Director of Student Financial Aid. Assuming that each recipient will take four years
to graduate, the City of Miami can award scholarships to 30 different students. If however, a
student does not continue to graduation, the number of years remaining on his or her scholarship
could be awarded to another entering student or they could be applied to a student enrolled in a
program of study that requires more than four years to complete. For instance, a course of study
in architecture is a five year program. Thus far, a total of 28 students have accepted the
scholarship and enrolled at the University of Miami. Seven have graduated and one more will
graduate in May, 1997. Five are now in graduate study at the university. Two students have
withdrawn because of personal reasons. One student has requested, and been granted a leave of
absence. Two students have been placed, on academic probation respectively by the College of
Arts and Sciences and the School of Business Administration. At this time, there are 17 students
in good standing and attending classes. If you concur with the list of 12 students here, we
estimate then that we will have provided with this grouping in excess of the 120. Probably in the
range of 130, one year scholarships to students who have been going through this program. I am
pleased to answer any questions you might have.
Commissioner Hernandez: Mr. Mayor, I have looked at the list of candidates and I'm looking
now at an amended list of candidates. My biggest concern and I tried to send to different groups
was that there were no African -American candidates within which to pick from. I noticed that in
the amendment we've added... I guess the 12th candidate is now, Jacina Brinson (phonetic), is
that correct?
Mr. Jollivette: That's correct. She completed the application timely and I will tell you frankly,
in a crush of 9,000 file folders, hers was lost in the admissions' office.
Commissioner Hernandez: That's fine. I...
Commissioner Plummer: Just for your... Bert, for your edification. We do not make that
choice, we turn that over to the Dade County School Board who has an organization that does all
of the screening for scholarships...
52 February 27, 1997
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Commissioner Hernandez: But we are giving...
Commissioner Plummer: ... and to keep it out of the political aspect. I understand what you're
saying and 1. had the same concern, OK. But we took it out of ours. We had the right to
recommend names...
Commissioner Hernandez: Right.
Commissioner Plummer: .. for that consideration. This was of course, was for the old Planet
Ocean that was over there. I negotiated this and this is the scholarships that we got out of it.
Were there more involvement in, when I say involvement, were there more applications from the
African -American community?
Mr. Jollivette: This young woman who was added is the only African -American to have
completed the process and met all of the admissions criteria for the university and qualified.
What we have, what happens every year as it is advertised through the school system, students
who are not City of Miami residents seek the scholarship. So, probably there were more
applicants but they were disqualified because they were not City residents.
Commissioner Plummer: OK, but for the record, there were no other African -American students
that had completed that could be considered.
Mr. Jollivette: To my knowledge, no.
Commissioner Hernandez: That's very important.
Commissioner Plummer: OK, so if we're asked the question later, we'll have the answer. I'll
move that we accept that we accept that which has been surrendered to us and modified.
Commissioner Hernandez: I second it.
Mayor Carollo: There's a motion, there's a second. All those in favor signify by saying "aye."
Mr. Jollivette: Thank you.
Commissioner Gort: Thank you.
Commissioner Hernandez: Thank you, sir.
53 February 27, 1997
The following resolution was introduced by Commissioner Plummer, who movedits adoption:
RESOLUTION NO.97-126
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE NOMINATIONS OF
CERTAIN INDIVIDUALS TO BE RECIPIENTS OF ONE-YEAR, HALF -TUITION
SCHOLARSHIPS AWARDED UNDER THE CITY OF MIAMI SPONSORED
UNIVERSITY OF MIAMI SCHOLARSHIP PROGRAM.
(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.
Mayor Carollo: What does the County charge now in administrative fees, or does it?
Fire Chief Gimenez: On the lot clearing they will do, they give you a due process. They'll clear
the lot. They add a hundred dollars ($100) minimum administrative fee or ten...
----------------------------------------------------------------------------------------------------------------
16. PERSONAL APPEARANCE: JOHN A. BRENNAN -- TO REQUEST
REPLACEMENT OF ROOF ON THE VIRRICK GYM. -- PROCEED WITH
CONSTRUCTION BIDS FOR RENOVATION OF PRIMARY HANGAR
STRUCTURE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, now we're on 14-A. Mr. Brennan.
Mr. John Brennan: Mr. Mayor, Commissioners. For the record my name if John A. Brennan
and I live at 2336 Swanson Avenue. I'd first like to thank the Manager for letting me speak here
this morning and to Mr. Weeks. I've got to offer my gratitude for him taking a few minutes to
talk to me so that he see that I had what sounded to him like a legitimate case. I'm here to ask
you to put a roof of the Virrick Gym. A roof of the Virrick Gym would be like a billboard on
Monty's parking lot that says, the City of Miami Commission is turning around the City. The
City of Miami cares about its property and it's doing something to repair the properties that have
been left derelict for so long. If you'll spare me a few minutes I'd like to tell you a little but
about it. As you all know, the Virrick Gym leaked long before Hurricane Andrew. The City
staff was able to get I think eight hundred odd thousand dollars to repair the damages that were
done by the storm. Those monies have not been spent of course. You know that I am on the
Waterfront Board, and I do not speak for the Waterfront Board. I speak for John as just a
taxpayer. I'm asking for something that the Waterfront Board voted unanimously, and I'm sure
54 1February 27, 1997
you already have received the letter saying "Replace the roof on the Virrick Gym." Part of the
reason that we've pulled this out was, and we've in the past, and the staff has always said, "yes,
we're working on it, there's money here, there's money there", the secretary... Last year a young
lady named, let's see... God, I lost my note, from Jack's office came to us and said after we
asked about the repairs to the Virrick Gym, which is part of the responsibility that the work was
being done on the plans, that the... all of the permits would be available soon, it would out for --
this is last year -- it would out for bids shortly and in April the bids would be available for the
Commission to decide on and the work will be completed in September or October for sure.
Nothing happened, I'm sure you know that. This year, we asked the same thing of the staff and
Eileen Weintraub this time came through. And she told us the exactly the same story except she
changed the year, instead of it being in 1996, 1997 the work will be completed in the Fall of this
year. This is when we came to make that decision that the work should be done. I look on the
Virrick Gym as like a garage in your backyard. If it's poorly maintained before long the
neighbors complain, and evidently we have had a neighbor or two complain about the
appearance of the gym. We also have to look at, the City Inspector would be around and the
City Inspector would say "Mr. Landlord" and I have to say, you gentlemen are the landlords.
You are the landlord. We could blame last year's Manager but you really are the landlord. Mr.
Marquez hasn't had an opportunity to get on it. So, as the landlord you're responsible for the
protection of the property. I'm asking that you pull out, Jack differs with me on my approach.
But, I would like to have you pull out from the bids that he's proposing, the roof only. He has a
bunch of other things that are going into it. The money that's available seems to be
questionable, it's borderline. But you shouldn't have any trouble getting money for a roof. If
you pull a roof out, and this is what I'm asking this Commission to do, pull a roof out and forge
ahead with getting the roof completed, like you would do on your own house. Like the City
Inspector would expect you to do, then the billboard will be up, the Commission is stirring things
around. But, if you wait, and I already understand that there's already a glitch in the plans,
which are on the streets. Is that true Jack, the plans are on the street?
Mr. Jack L. Luft (Director, CPR/Community Planning and Revitalization Dept.): We are double
checking the structural elements and the structural steel on the roof to make sure that it complies
with the 140 mile an hour wind loading and as soon as that is assured, they will be on the street.
Mr. Brennan: OK, Jack told me last week, and I'm not trying to pick on Jack, that they would be
on the street. And this is really why I'm here, because year after year the story has been
essentially the same. "We are going to fix it." I would like to have this Commission say "Pull
the roof out, full speed ahead." Get the roof on and then do the windows. I'll be back tomorrow,
or the next week and ask you to put the windows in, ask you to do the curtain wall. If it hasn't
happened already, you can be assured of that. But I'm going to ask you to pull it out. The
alternatives are of course, you let it deteriorate because we just can't seem to get our act together
or the Department of Interior can decide that they've had enough of writing letters back and forth
to the City without getting any answers and they're going to do something new. They could turn
it over to the County, they could turn it over to another organization. Lord only knows what they
might do. I don't, that not in my bailiwick. I think we can change things today by getting it
started. You have to know, Mr. Mayor, you were correct that any income that is earned on the
property can go to another park. However, the requirement the Department of Interior has used
in the past for all of their other things is that only after the property we're talking about, the
Virrick Gym property is in complete compliance, then you can send extra money to any other
park that you want. But until that time, they won't permit that.
Mayor Carollo: John, I don't disagree with what you're saying that we need to fix -up that
property and you know, unfortunately since Hurricane Andrew previous administrations have let
it go.
Mr. Brennan: Five years.
55 February 27, 1997
Mayor Carollo: And now, you know we've gotten hit with everything else that it's
overwhelming. But my only concern is this, and I've met with the people of Shake -A -Leg. I've
gone over some of their plans. So, I need to sit down with Jack and see what other ideas,
proposals he has. I'm just afraid that we're doing things, I guess bend the norm, that instead of
looking at the whole picture we do things like piecemeal and then once we move on, we do
something and we move on, and say, "gee, if we would have done it different it would have been
better." So then, we end up losing money because we've got to back track and do things over
again because we didn't lay out a whole plan. My concern is, that by just going out there and
putting a roof over the gym, I don't know if we are going to be coming back because the plans
that Shake -A -Leg, or whomever has that's going to work out of there might be different. It
might be more economical, more cost effective, more appealing and attractive to the City if
maybe, something different is done there. You had to keep part of the structure alive there, the
part that has the U.S. Coast Guard's name. But, you know, John, it really concerns me how
much can we really do to that place to make it look attractive and working? You know the
people from Shake -A -Leg that I've met with told me that they, you know, if it was up to them
they would prefer to scratch and built something nicer there that they can work from. And that's
my concern. I don't want to put a roof over something that maybe in a couple of years or less
we're back to the same thing again and then the upkeep on that roof, on that place the way it is.
Because we're about a tin building, that's very old, see we're not talking about a solid CBS
construction there. We're talking about tin. And, you know, we really have to move forward
like you're saying, and I agree. And I'm in favor of that. But, we have to make sure that we're
going to use the dollars that we have in the best way and that we're not spending money now on
a roof and we find out shortly after that we kind of threw the money out the door, because we're
going to do something different there.
Mr. Brennan: Mr. Mayor, I understand your plight. However, once the roof is on, Jack's
program can continue to go on, or even while it's going on. You don't, the alternatives are,
would you like to have the federal government take the property back because we've neglected it
so long? If somebody has been able to stall them off, it's on the historic registry list. The City
has neglected to file complete plans to get it nailed down tight on the historic registry list. The
question is not, can we revamp it? It's got to go the way it is. And Jack and I have talked about
this for not less than five years and it goes on and goes. The decisions to be made have got to be
made here and somewhere the landlord has to decide, I've got to take care of this property. I
don't want the derelict in my backyard anymore. I want the room to say, the Commission is
turning things around. The Commission is really helping to repair the property that became
derelict in the past. And I don't know how to plead with you to tell you, put it together. You
can say what you like, Harry will tell you what you want to hear. So, you can say what you like
and we could sit here and argue all day long about the various uses, the height of the ceiling, the
curvature of the roof, all of that stuff. We can debate it forever. The thing is, get the building
dried in, and that's my goal. Get it dried in and then we'll start talking about the fact, clear the
parking lot out, get a ramp in there that works. I haven't heard... I signed a petition to get the
ramp repaired, get money from the state to repair the ramp. Get it done, but you got to get it
dried in. We can't talk about a building that doesn't have a roof. It's like me as a landlord, and I
am a landlord, so I know a little bit about it. It's like me as a landlord saying well, there's no
roof on the building but I want to make sure that the tenants that I get in here are really nice
people and pay their rent on time. Nonsense. Get the roof on and get it dried in and then we'll
talk about what can go inside it. We can't adjust the walls and it's... Unfortunately Mr. Mayor,
it's not a tin building, it's made of steel. It was World War II steel and it's very high class. And
it probably by... The steel alone will stand there a very long time. The steel is worth a lot of
money if you were to cut it down and send it to some scrap heap. The City wouldn't get much of
it but somebody, some junk dealer would get a lot of money out of it. But I'd like to ask you,
and I'll give it up right here. I would hope that you would ask to put a roof on it today or make a
motion to put a roof on it today, and then tell Jack to proceed with his plans and get the rest of it
done as soon as you can. Thank you very much for your time.
56 February 27, 1997
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Commissioner Plummer: How much is it proposed for the total project, for renovation?
Mr. Luft: The renovation of the hangar...
Commissioner Plummer: The entire, how much?
Mr. Luft: The renovation of the hangar is one point four million dollars ($1,400,000).
Commissioner Plummer: Is that the total?
Mr. Luft: That's the total for the renovation of the hangar. Yes, sir.
Commissioner Plummer: In other words, that will bring you back up to...
Mr. Luft: Code, habitable, usable, electrical, plumbing.
Commissioner Plummer: OK. And how much money do we have?
Mr. Luft: We have one million one hundred and fifty thousand dollars ($1,150,000).
Commissioner Plummer: And where is the other two hundred and fifty thousand coming from?
Mr. Luft: We have in the bond issue in November, an additional three point eight million dollars
($3,800,000).
Commissioner Plummer: OK.i Once it's completed- what's it going to be used for?
Mr. Luft: That's up to this Commission to finally determine when it decides who the
management agreement should be with and what that management agreement will call for in
terms of a use program.
Commissioner Plummer: And that's...
Mr. Luft: Our regulations from the federal government says it must be used for recreational
purpose. The master plan that this community prepared, the working charrette several hundred
people came down here and presented to you, this Commission accepted, approved in principle
was for a water sports center and youth programs.
Commissioner Plummer: Would it be a revenue producer?
Mr. Luft: That's the direction we're headed.
Commissioner Plummer: Would it be a revenue producer?
Mr. Luft: Hopefully, it would, sir. We're have... we're going to get this in writing, because the
Mayor brought this question up at the last meeting and we're getting this from the Department of
Interior. As we understand it now, we can put in commercial revenue producing services such as
a dive shop, a wind surfing store, a fishing supply. So long as it augments or supplements the
recreational use program...
Mayor Carollo: Yeah, all the things that we've been told for years that we could not do.
Mr. Luft: .. and. As long as they are supportive of the recreational programs they would allow
us to do that. We're being told the money must be going back into the facility however, we're
57 February 27, 1997
going to press the point that you made, Mr. Mayor, that if there are residual profits from the
operation of the site, those profits could go into our parks program for the greater City good.
We're going to try that avenue as well.
Mayor Carollo: Now, Jack the other question that I have. Out of the monies that you stated we
have, only approximately eight hundred thousand is money that we have from the old FEMA(
Federal Emergency Management Agency) contracts, right?
Mr. Luft: No, about six hundred and change is from... There are no FEMA monies on this site.
Those were City insurance policy funds and there was four hundred and thirty thousand dollars
($430,000) from the State Historic Preservation Division as a grant to the City to supplement
those monies.
Mayor Carollo: OK, and that's what we definitely have to work with?
Mr. Luft: That is cash in hand today.
Mayor Carollo: The others are monies for the park for bonds.
Mr. Luft: That's correct. And that's contingent upon us preparing and getting their acceptance
of a full operating program, a full development program for the site. Once the trust accepts that
and approves it then the money would be forth coming.
Mayor Carollo: OK.
Commissioner Gort: Mr. Mayor, -I have a question.
Mr. Brennan: Could I?
Mayor Carollo: Hold on, Commissioner.
Mr. Brennan: I'd like to read a paragraph, if I may?
Mayor Carollo: OK, really quick, John.
Mr. Brennan: OK. The grant awarded by the state in the amount of four hundred thousand
dollars ($400,000) has an ending date of March 31st, 1998, that's a year from now, with requests
for extensions subject to approval. Grant funds are anticipated to be fully expended, that means
all the work done by the said date based on a construction schedule. The state has been regularly
advised of the schedule throughout the design process. Thank you.
Mayor Carollo: Thank you, Jack. Commissioner.
Commissioner Gort: My question is, and I don't recall what action we took at that time. Shake -
A -Leg made a presentation to us...
Mr. Luft: You made no action, sir.
Commissioner Gort: We didn't take any action?
Mr. Luft: You did not.
Mayor Carollo: No, no action was taken. No action was taken.
58 February 27, 1997
Commissioner Gort: OK.
Mr. Luft: No, what we...
Mayor Carollo: Go ahead, Jack.
Mr. Luft: What we would do at your direction is... Shake -A -Leg was asking for permission to
bring to you the outline of a management contract for your consideration. Because our Charter
now allows, our Charter amendment was made a few years ago, nonprofit waterfront
organizations for recreational services to accept a lease agreement or a management agreement
without competition they have the ability to come before you and you have the ability to
consider that if you wish. There are other options which I think the Mayor wants to explore for
an umbrella management agreement for the site. There is a question about the managing of the
parking as well. We are prepared to come before you, at your request, and lay out those options.
We can do that at any future meetings that you desire so that we can tie this together and you can
see where the money is going and how it would be operated.
Mayor Carollo: What I'd like to do Jack, and I want to resolve this...
Mr. Luft: Yes, sir.
Mayor Carollo: .. and having this Commission take some action before the month is over, of
March. I would like to meet with you, get from you any and all proposals that you have had
from Shake -A -Leg or anybody out there. I don't know if there is anybody else or not, and be
sure that whatever we're moving forward with is in conjunction with anything else that we might
be approving shortly to be done there. I don't want to go ahead and approve to fix the roof if
maybe the plan they had was different.. I want to be absolutely sure that what we do is being
coordinated with any possible tenant that we're going to have there.
Mr. Luft: Before we would bring you back any kind of approval of a contract for construction or
renovations, we will bring you the full program and the options that you would have to consider
for that for management and use program and you would be able to consider that before you
would approve any kind of repairs, OK. We could do that next month if you like?
Mayor Carollo: OK, what the administration is recommending, that we proceed with the
construction bids for the renovation of the primary hangar structure.
Mr. Luft: To receive bids and then report back to you on whether or not you want to accept
those and proceed. And before that, we would present to you the options on the overall site.
Mayor Carollo: OK, and of course that's all we're going to be doing then is placing the bids
out...
Mr. Luft: That's correct.
Mayor Carollo: .. and then we would decide if we will accept them or not.
Mr. Luft: That's correct.
Commissioner Hernandez: I move that we proceed with...
Mayor Carollo: There's a motion, there's a second. As recommended by the administration all
in favor signify by saying "aye."
59 February 27, 1997
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Mr. Luft: OK.
Mr. Brennan: Gentlemen, thank you.
Mayor Carollo: Thank you, John.
Mr. Luft: Thank you.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-127
A MOTION INSTRUCTING THE CITY MANAGER TO PROCEED WITH
CONSTRUCTION BIDS FOR RENOVATION OF PRIMARY HANGAR
STRUCTURE (NEXT TO DINNER KEY).
Upon being seconded by Commissioner Gort, the motion was passed.and adopted by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
---------------------------------- ------------------------------------------------------------------------
17. DIRECTION TO ADMINISTRATION BY COMMISSIONER PLUMMER TO
HAVE STATUS REPORT FORWARDED TO CITY COMMISSIONERS
REGARDING MELREESE GOLF COURSE.
Commissioner Plummer: Mr. Mayor, I would like to have if I could for all of our posture. Mr.
Mayor and Manager, we've read about some stories about Melreese Golf Course. Would you
send us a memo, or at least me, I'm sure the rest would like it, about these articles we're reading
about, about so called overruns and things of that nature, that thing are not proceeding and bring
us up-to-date or bring me up-to-date on what is happening as of today at Melreese Gulf Course?
Mr. Edward Marquez (City Manager): It will be our pleasure, sir.
Commissioner Plummer: Thank you.
NOTE FOR THE RECORD: At this point, the Mayor stated that
item-15 had been withdrawn.
60 February 27, 1997
-- -------------------------------------------------------------------------------------------------------------
18. DISCUSS / TABLE TO LATER IN MEETING POSSIBLE REINSTATEMENT
OF BENEFITS FOR MEMBERS OF BOTH PENSION BOARDS (GENERAL
EMPLOYEES & SANITATION/ FIRE & POLICE RETIREMENT TRUSTS). --
SEE LABEL 25.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Sixteen.
Mayor Carollo: Sixteen is the last item that we're going to take this morning.
Commissioner Plummer: We've got the heavyweight here.
Mr. Edward Marquez (City Manager): Mr. Mayor.
Mayor Carollo: Which Ron, do we have here for that?
Mr. Marquez: There are two items. There is another item beyond this one that I have got as a
pocket item, if I may? From our understanding there has been a request to reinstate the stipends
for the Pension Boards for both GESCA (General Employees and Sanitation Employees) and
FIPO (Firefighters and Police Officers). That's a cost element within the recovery plan and what
the argument being made to us is that we're being a penny wise and a pound foolish in denying
these stipends because we will lose expertise on the boards that ultimately saves the City money.
Those arguments have some merits and what I would recommend is that we reinstate the
stipends until April 15th and I will take this into consideration with the overall financing plan
that I hope to bring up to you later on.
Commissioner Plummer: So moved.
Commissioner Hernandez: Second.
Mayor Carollo: There is a motion, there's a second. Mr. Silver would you like to make any
statements for the record?
Commissioner Plummer: No.
Mr. Ron Silver: A very, very brief one. Thank you, Ron Silver, attorney for the City of Miami
General Employees and Sanitation Employees Retirement Trust. This, what the Manager has
said is correct. It's very valid that when we entered into this agreement the City signed off on
the agreement. We recognized we needed expertise on the board. We established minimum
qualifications of members that would go on the board. And then was said, listen if these people
are going to come on we're going to require them to take money from being an accountant or
whatever during the day to go on the Pension Board we ought to give them short stipend.
Nobody is getting rich off this thing. It's just a little bit of compensation for doing that and we
wanted to attract the best people to do the job. And as a result of that, as we presented to you the
last time, the City is virtually paying no cost for'the current retirement benefits because of the
job that's being done by these trustees. So, we're saving you a whole bunch of money in that
regard.
Mr. Marquez: Mr. Mayor, just for the record. I want to make sure that we're talking... we're
going beyond just FIPO (Firefighters and Police Officers) and GESCA (General Employees and
61 February 27, 1997
IN
Sanitation Employees). We're going to the other boards that we listed in the Stierheim plan
because we have to treat each one of them equally. This includes the Civil Service Board. There
is also an issue of staff attorneys which is a component of this and there is an issue of back
payments for past insurance which we will contact the individual board members about. But we
do recommend this to be approved subject to review through the April 15th plan that we have to
approve.
Mr. Silver: If I understand that correct, Mr. Manager, that would be for the past payments that
haven't been paid from...
Mr. Marquez: We will reinstate everything through April 15th.
Mr. Silver: Yes, right. OK.
Deputy Chief Rollason: I think there is some confusion there. We're not talking just from
January forward. We're talking from '95 through '96. Payments that were not made that are not
covered by the change that was made from January on.
Commissioner Plummer: Well, let's clarify it.
Mr. Marquez: OK, sir, there are two things involved here. First of all, we're talking stipends to
board members. Those stipends will be reinstated through April 15th.
Mr. Silver: From January 1st to April, that's correct.
Mr. Marquez: From January 1st through April 15th. Now Frank has an issue with insurance
payments to board members. We'll handle that separately and if there is a report to be made
we'll make it at the next Commission meeting.
Mr. Silver: Yeah, that's not part of our request, I don't know what that is all about, sir.
Mr. Marquez: No, it's different.
Mr. Cox: Just the stipend.
Mayor Carollo: Can you clarify what factor or request you're making?
Mr. Silver: Yes. My name is Charlie Cox, my office is at 4011 West Flagler Street, Miami,
Florida. What we've requested and when I met individually with everyone was that the stipend
be recontinued for the Pension Board members. We're not talking about insurance for pension
board members, we're talking about the stipend that they received. I think there was only two on
our board that received the insurance and they have since adjusted to where they're covered by
insurance elsewhere.
Mayor Carollo: OK, Mr. Manager. Would you like to bring this back later today and have it
finalized?
Mr. Marquez: I think I'd better. Yes, sir.
Mayor Carollo: OK, we'll finalize it before the end of the meeting today. If maybe, you all
could take a couple of minutes to speak to the Manager...
Commissioner Plummer: What time are we coming back?
62
February 27, 1997
F
Mayor Carollo: Two thirty.
Commissioner Plummer: Two thirty?
Mayor Carollo: Yeah, OK. We'll reconvene at 2:30, thank you.
NOTE FOR THE RECORD: Thereupon, the City Commission
went into recess at 11:51 a.m., and reconvened at 2:42 p.m., with
all members of the City Commission being present.
-- -------------------------------------------------------------------------------------------------------------
19. PRESENTATIONS / PROCLAMATIONS.
(A) PROCLAMATIONS TO FAMILIES OF BROTHERS TO THE RESCUE PILOTS:
ARMANDO ALEJANDRE / CARLOS COSTA / MARIO DE LA PENA / PABLO
MORALES.
----------------------------------------------------------------------------------------------------------------
20. (A)COMMENTS FROM COMMISSIONER PLUMMER ON TRAFFIC
CONGESTION THAT COULD RESULT FROM NEW HOTEL BEING
BUILT IN MIAMI BEACH -- REQUESTS ADMINISTRATION TO SEND
LETTER TO MIAMI BEACH CITY HALL ADDRESSING SUCH
CONCERNS -- DISCUSSION.
(B)INQUIRY TO ADMINISTRATION BY VICE MAYOR REGALADO AS
TO WHY AGENDA ITEM REGARDING NOISE LEVELS AT MIAMI
INTERNATIONAL AIRPORT WAS WITHDRAWN -- DISCUSSION.
Commissioner Plummer: Mr. Mayor, seeing as how Miami Beach is concerned so much for the
City of Miami, I'm wondering if we shouldn't be concerned as much for the City of Miami
Beach and ask the City Manager to send them a letter about a new hotel that they're building
that's going to cause and congest our Causeway across.
Mayor Carollo: J.L., let's not get into a tit for tat. Anyway...
Vice Mayor Regalado: By the way, Mr. Mayor.
Mayor Carollo: Yes, Vice Mayor.
Vice Mayor Regalado: I'd like to ask the City Manager, if he can tell me why an item was
pulled last meeting. This item has to do with the noise level in Miami International Airport.
Mr. Jack Luft (Director, CPR (Community Planning and Revitalization) Dept.: Right, OK. We
had prepared a study after meeting with the captain. In fact, we met with three different airline
captains currently flying and got a great deal, a very good input into that and prepared the study.
It was suggested to us that we meet with a noise abatement officer for the airport. And, we
63 February 27, 1997
recognize they don't actually have a noise abatement plan but there is a gentleman there that
does deal with those issues. And so before put it on for a discussion item, we felt we wanted to
go back and talk to the Miami International Airport individual directly. We've done that. We
now have that plan, that report adjusted and we will put it on the next Commission item.
Vice Mayor Regalado: Did he admit it, that there was a violation or?
Mr. Luft: No, we didn't talk about violations per see, we walked about setting up standards for
approaches and takeoffs, use of certain runways at certain times. And without trying to confront
him with what we would violations, we were looking for a more specific set of standards that
could be enforced and I think we're trying to keep this on a positive discussion. But, we'll bring
that back to you at the next item and lay that out for you, OK?
----------------------------------------------------------------------------------------------------------------
21. (A) INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION TO
ADOPT INTENT OF 1993 HOUSE BILL TO REVOKE OR REFUSE
TO RENEW LICENCES TO INDIVIDUALS/BUSINESSES/ENTITIES
/ PARENT COMPANY DOING BUSINESS WITH CUBA --
FURTHER, DIRECT CITY ATTORNEY TO DRAFT LEGISLATION
ENSURING CITY FOLLOWS FEDERAL / STATE LAWS IN
CONNECTION WITH CUBAN EMBARGO.
(B) URGE FEDERAL GOVERNMENT TO ENFORCE TRAVELS TO
CUBA LAWS, I.E., CUBAN EMBARGO / TORRICELLI / HELMS-
BURTON ACT.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Commissioner Hernandez would like to bring up an item briefly.
Commissioner Hernandez: Mr. Mayor, now that we have done these proclamations, I think that
it's very appropriate that this pocket item that I've brought before this Commission be taken
under consideration. And before we go about it by way of a resolution, I would like to instruct
the City Attorney to take it under consideration, review it so we can later take action upon it. It's
basically a House Bill which became law back in 1993 which section of the law reads in the
following manner. "Any local governing authority issuing an Occupational License to any
individual, business or entity under Chapter 205, Florida Statutes may revoke or refuse to renew
such license if the individual business or entity or parent company of such individual business or
entity is doing business with Cuba." Basically, in the past I know that this has been discussed. It
became law in Florida back in '93, at the end of the session. And I think it's very appropriate
with what's been going on especially today with what came out in the Herald with several
businesses that have been popping up here in the State of Florida and in the City of Miami
dealing with not only with travel, but basically with the sending of packages that we entertain
this law. That was passed by the Florida Legislature back in '93.
Mayor Carollo: Your resolution is for this Commission to be instructing the City Attorney to
draft an appropriate legal resolution so that he could bring it back to this Commission and we
could take action upon it?
Commissioner Hernandez: That's correct.
Mayor Carollo: OK, there's a motion by Commissioner Hernandez.
Commissioner Gort: Second.
64 February 27, 1997
Vice Mayor Regalado: Mr. Mayor, if I may add something? Because it's very important that we
recognize that indeed we have laws. But also that the federal government has the responsibility
of enforcing their laws and the people are leaving Miami International Airport are violating their
United Stateslaw. And, Customers and INS (Immigration and Naturalization Services) is not
moving in any direction to enforce the law...
Mayor Carollo: Yeah, what...
Vice Mayor Regalado: .. stating that they do not have the personnel to enforce the law. So if
maybe, if we can just as part of the Commissioner's resolution...
Mayor Carollo: Well, what I would suggest, Vice Mayor, is if you could make a separate
resolution to that effect, right after this.
Commissioner Plummer: That's already approved. They're not in the City.
Vice Mayor Regalado: No, absolutely.
Mayor Carollo: This motion is second by*Commissioner Gort.
Commissioner Plummer: Let me ask a question, if I may? The question, how do you delineate
doing business? For example, the Miami Herald is trying to open an office in Cuba. If they did,
would that be doing business with Cuba?
Vice Mayor Regalado: No, they won't.
Commissioner Plummer: And as such...
Vice Mayor Regalado: J. L., the way that you...
Commissioner Plummer: I'm asking....
Mayor Carollo: No. We're talking about the law of the land.
Commissioner Plummer: Later, OK.
Vice Mayor Regalado: The way that you separate illegal from legal is to have a Treasury
Department license. If you do have a Treasury Department license like for instance, the church
recently got a license, you can send goods and medicines to Cuba. If the Miami Herald were to
open an office in Cuba they won't have to have a Treasury Department license, which in fact
they do have it now because it was given by the White House. But, this law what Commissioner
Hernandez has said, and this law gives the power to municipalities and counties to deny license
to those entities who are violating the embargo because food and medicine it's not prohibited
under the embargo. But these businesses are sending more than food and medicine. As a matter
of fact, you can buy a car here and have it delivered in Cuba or a motorcycle So, this is the
difference between what is legal and what is not legal.
Mayor Carollo: The bottom line, Commissioner is that what is being asked for in this resolution
is to ask the City Attorney to draft a legal resolution where we would then make sure that we
enforce the law of the land. The federal law, the state law.
Commissioner Gort: Mr. Mayor, my understanding is, that this is a federal law and we can say
it's for noncompliance with the federal regulations.
65 February 27, 1997
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Commissioner Hernandez: This is also state law.
Mayor Carollo: Yeah.
Commissioner Gort: State also. Yeah, state.
Commissioner Plummer: Well, in tact what you're saying is if they can't get an Occupational
License, they can't do business period.
Mayor Carollo: OK, there's a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-128
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT THE NECESSARY
LEGISLATION TO ADOPT INTENT OF 1993 HOUSE BILL STATING THAT ANY
GOVERNING AUTHORITY ISSUING AN OCCUPATIONAL LICENSE TO ANY
INDIVIDUAL, BUSINESS, OR ENTITY UNDER CHAPTER 205, FLORIDA
STATUES, MAY REVOKE OR REFUSE TO RENEW SUCH LICENSE, IF THE
INDIVIDUAL, BUSINESS, OR ENTITY, OR PARENT COMPANY OF SUCH
INDIVIDUAL, BUSINESS, OR ENTITY IS DOING BUSINESS WITH CUBA;
FURTHER DIRECTING THE CITY ATTORNEY TO DRAFT THE NECESSARY
LEGISLATION WHICH ENSURES THAT THE CITY FOLLOWS FEDERAL AND
-STATE LAWS IN CONNECTION WITH THE CUBAN EMBARGO.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT:- None.
Mayor Carollo: Now, Vice Mayor Regalado, you wanted to make an additional resolution?
Vice Mayor Regalado: Yeah, I'd like to present a motion stating to the federal government the
concern of the government of the City of Miami about federal laws not being complied with in
terms of travels to Cuba. As exhibits, we can show several Miami Herald reports of interviews
with people that are traveling from Miami to Cancun or Bahamas who have stated to the reporter
and show documents that they were going to Cuba and that they were carrying more than the
money allowed by federal law. So, it should be the will of this Commission to call on the federal
government to comply with all the laws according to the embargo, according to the tourism
(phonetic) law and the Helms Burton (phonetic). Three different pieces of legislation that had
been approved by Congress and signed by the President of the United States.
66 February 27, 1997
1
Mayor Carollo: There's a motion by Vice Mayor Regalado, second by Commissioner Gort. All
in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption.:
RESOLUTION NO. 97-129
A RESOLUTION (Penidng 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 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.
----------------------------------------------------------------------------------------------------------------
22 APPROVE ESCROW AGREEMENT WITH STATE OF FLORIDA -- CITY TO
DEPOSIT FUNDS PURSUANT TO ADOPTED SCHEDULE TO START
RECOVERY OF FINANCIAL RATING WITH CREDIT MARKET --
DISCUSS SELECTION OF ESCROW AGENT BY OVERSIGHT BOARD --
SEE LABEL 24.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, Mr. Manager, did you have some brief pocket items that you needed done
before we get into the zoning agenda?
Mr. Edward Marquez (City Manager): Yes, sir. There's a... The first pocket I have is a pocket
item regarding an escrow agreement. Under the Intergovernmental Corporation Agreement with
67 February 27, 1997
L
the State of Florida, one of the requirements of the City is that we establish an escrow with a an
escrow agent. In this case, First Union, to hold our debt service monies in anticipation of
making debt service payments. This is a normal course of action for entities working their way
out of distress.
Commissioner Gort: So moved.
Commissioner Plummer: I second it but I haven't seen a thing.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Let me do this, let me... In the interim, I came up
with a title and of course I'll... Essentially what it will be is a resolution with attachment
approving an escrow agreement and substantially the attached form among the City of Miami,
First Union National Bank of Florida and the Oversight Board acting through the Fiscal
Sufficiency Advisory Board as required by the Intergovernmental Corporation Agreement dated
December 23, 1996, and authorizing the City Manager to execute same. Set approval and
execution contingent upon subsequent input and clarification from the State Emergency
Financial Official Oversight Board and approval by the City Attorney.
Commissioner Plummer: My question is, how was First Union chosen? Was it a bidding
procedure?
Mayor Carollo: They're waiving all fees.
Mr. Marquez: They're waiving their fees and the State Oversight Board was...
-- Commissioner Plummer: But I mean, did other banks have the same opportunity?
Mr. Marquez: The State Oversight Board did the selection of the escrow agent. And that was
totally within their purview.
Commissioner Plummer: OK, then why are we voting on it if they made the choice? But that's
all right. Go ahead.
Mr. Marquez: OK.
Commissioner Plummer: We've got to vote on it, right?
Mr. Jones: Yes.
Mayor Carollo: I'll make... You make the motion, I'll second it, that's fine. There's a motion,
there's a second, Vice Mayor.
' i e.�ice Mayor Regalado: Yes, there is a motion, there's a second. Anybody in agreement say
The Commission (Collectively): Aye.
Vice Mayor Regalado: Motion is approved.
68
L
February 27, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-130
A RESOLUTION, WITH ATTACHMENT, APPROVING AN ESCROW
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE
CITY OF MIAMI, THE FIRST UNION NATIONAL BANK OF FLORIDA, AND THE
OVERSIGHT BOARD, ACTING THROUGH THE FISCAL SUFFICIENCY
ADVISORY BOARD, AS REQUIRED BY THE INTERGOVERNMENTAL
COOPERATION AGREEMENT, DATED DECEMBER 23, 1996, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; SAID APPROVAL
AND EXECUTION CONTINGENT UPON SUBSEQUENT CONVERSATIONS WITH
THE STATE EMERGENCY FINANCIAL OVERSIGHT BOARD AND APPROVAL
BY THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Carollo, 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.
----------------------------------------------------------------------------------------------------------------
23. DISCUSS / DEFER CONSIDERATION OF BUSINESS POINTS RELATED
TO FIREHOUSE FOUR, LLC, CONTRACT TO MEETING OF MARCH 20,
1997.
Mr. Edward Marquez (City Manager): The next pocket item is a discussion of the business
points related to the Firehouse Four negotiations. The actual contract is being worked within the
Law Department, and we wanted to make sure that we brought back the business points for your
approval within the 45 day period of time that you had specified to us. And Jack is here to
discuss the item, if you want to do so at this point in time or we could defer this to the next
meeting when we have the actual lease in front of us?
Commissioner Gort: Mr. Mayor, I looked at some of the numbers, I don't have any problems
with this.
Commissioner Plummer: Uh-huh.
In
69 February 27, 1997
i
Commissioner Gort: I'd like to defer this to the next meeting when we have... numbers.
Commissioner Plummer: The way it is. He's doing it.
Commissioner Gort: Right.
Commissioner Plummer: You're deferring it yourself.
Mr. Marquez: Well, no it's with the permission of the City Commission because you asked for
it.
Commissioner Plummer: But you told me you were going to defer it now, and I didn't go read
the damn thing.
Commissioner Gort: It's going to be deferred.
Mr. Marquez: We can defer it.
Commissioner Plummer: No, that's what I...
Commissioner Gort: Yes.
Mr. Marquez: Yes.
Commissioner Gort: That's what I did.
Commissioner Hernandez: Move.
Mayor Carollo: There's a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO.97-131
A MOTION TO DEFER CONSIDERATION OF BUSINESS POINTS RELATED TO
THE FIREHOUSE FOUR, LLC, CONTRACT TO THE MEETING OF MARCH 20,
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.
70 February 27, 1997
----------------------------------------------------------------------------------------------------------------
24. CONTINUE DISCUSSION OF ESCROW AGREEMENT WITH STATE --
MAYOR CAROLLO STATES THAT PROPOSED RESOLUTION DEVIATES
FROM ORIGINAL PROVISIONS OF INTERGOVERNMENTAL
AGREEMENT WITH STATE. -- SEE LABEL 22.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: One question that I have on the item that we just passed on the escrow
agreement. Did you have ample discussions, Mr. Manager with the state in as far as the cash
flow implications? I think we ought to set this for the record.
Mr. Edward Marquez (City Manager): For the record, you're authorizing... The resolution will
be authorizing me to get back with the Fiscal Sufficiency group to discuss the mechanism, how
much cash we're shifting out at points in time, so that our cash flow is not too adversely affected.
By definition an escrow agreement takes cash out of our operating account and sets it aside.
That by definition hurts our cash flow for operations. However, I believe what the state is
envisioning and is that it's a, as debt service payments accrue normally, that's when we're
shifting on over our funds. If that's the case, I have absolutely no problem with this thing
because it's the first step towards fiscal recovery in the eyes -of the bond market.
Mayor Carollo: OK. I just want it stated on the record. I mean we approved this, I second the
motion on it so that no one can doubt how much we are dealing in good faith in working in this
partnership. This is an additional deviation from the contract that we originally signed. We've
made some changes in the way that we had it in the contract, from what I understand it.
Mr. Marquez: I believe the changes... OK, the contract, the Intergovernmental Corporation
Agreement calls for an escrow agreement. It also calls for...
Mayor Carollo: It calls for a trustee. Now, we're talking about an escrow agent.
Mr. Marquez: A trustee and the trustee concepts normally imply that your revenues that are used
to pay the debt service get scrolled away in its entirety until the debt service gets paid. This is a
little bit more liberal from our perspective whereas debt service payments are becoming due we
transfer the amounts over. I believe that what we're asking for here is more liberal and more
beneficial to the City than what was originally required. And the State Oversight Board, there
was a discussion at the board meeting that by virtue that if we proceed and enter into this, they're
in essence waiving the moral owners provisions in a governmental agreement.
Mayor Carollo: That might be so, Mr. Manager. But I just want to establish on the record that
we do have a deviation. You feel that it might be more beneficial to us, I hope that it is. I really
do. But, you know, we want to keep on working with the state like we have been, in that same
spirit of cooperation and partnership that we begun this. Thank you.
Mr. Marquez: The City Attorney will be approving this contract and he along with I, will make
sure we're not committed to anything more than what the original document said.
Mayor Carollo: Very good.
Commissioner Plummer: The interest on that money?
Mr. Marquez: Accrues to the benefit of the City.
71 February 27, 1997
----------------------------------------------------------------------------------------------------------------
25 CONTINUE DISCUSSION -- RESTORE STIPEND TO CIVIL SERVICE
BOARD / GENERAL EMPLOYEES' / SANITATION / FIRE /POLICE
RETIREMENT TRUSTS BOARD MEMBERS -- RETROACTIVE FROM
JANUARY 1, 1997 TO APRIL 15, 1997.
Mayor Carollo: All right, what else do you have Mr. Manager?
Mr. Edward Marquez: Is there another pocket item? That should do it, sir.
Mayor Carollo: If I may?
Commissioner Plummer: Joe, what about Mr. Silver?
Mayor Carollo: Ron, why didn't you speak up? You're the last item that we had from this
morning. I also forgot you. How can I forget you? Senator, I apologize.
Commissioner Plummer: How can you?
State Representative Ron Silver: It's all right. No problem.
Mayor Carollo: Senator Silver.
Mr. Silver: I enjoy being down here and listening to good government in action.
Mayor Carollo: Well, you know we get so used to having you up front...
Commissioner Plummer: How can you miss him?
Mayor Carollo: .. that we kind of a...
Mr. Silver: That's right. J. L. wants to know how you can miss me? I guess that's a fair
question.
Mayor Carollo: Well, seriously Ron Silver has been one of our best friends in Tallahassee.
Senator Silver has been a tremendous help to us, and we're very appreciative.
Mr. Silver: Thank you. Thank you, very much Mr. Mayor.
Mr. Marquez: OK, Mr. Mayor. Regarding the items with the stipends for the Pension Boards.
The request was to reinstate the stipends for the GESCA (General and Sanitation Employees)
and the FIPO (Firefighters and Police Officers) Boards because of the cost effectiveness of that.
In order to do that we must also reinstate the stipend for the Civil Service Board because by
ordinance the three must be the same type of compensation. So, it's the recommendations of the
administration that we reinstate the stipends for the Civil Service Board, the FIPO Board and the
GESCA Board up until April 15th, when we will address the issue again within the five year
financial plan.
Commissioner Plummer: Can I suggest to you for your benefit, that you make it May the 15th.
You've got more than you can handle between now and April 15th
72 February 27, 1997
Mr. Marquez: Sir, I wish I could. I wish I could extend the April 15th deadline to May, but
that's a requirement...
Commissioner Plummer: No, no, no, this deadline.
Mr. Marquez: Well, this is a component of the budget.
Mr. Silver: All right, I guess we...
Commissioner Plummer: Oh, OK. I just... I was trying to give you some latitude to have some
space to breathe.
Mr. Silver: Or if they extend the deadline.
Mr. Marquez: Yeah, if the Street Oversight Board extends the deadline, of course, this will
follow suite...
Mr. Silver: Yeah, OK.
Commissioner Plummer: That's fine. I so move.
Commissioner Gort: Second.
Mayor Carollo: There's a motion.
Commissioner Plummer: Yeah, and second it.
Mayor Carollo: There's a second. Any further discussion. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mr. Marquez: Thank you, sir.
Mr. Silver: Thank you very much, Mr. Mayor and members of the Commission. Thank you.
Mayor Carollo: Thank you, senator.
73 February 27, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-132
A RESOLUTION AMENDING RESOLUTION NO. 96-897, WHICH CHANGED THE
COMPENSATION PROVIDED TO MEMBERS OF THE CIVIL SERVICE BOARD
TO $1.00 PER YEAR, EFFECTIVE JANUARY 1, 1997, THEREBY PROVIDING
THAT THE EFFECTIVE DATE FOR SAID CHANGE SHALL BE APRIL 16, 1997;
AND AUTHORIZING THAT CERTAIN MEMBERS OF THE CITY OF MIAMI
GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT
TRUST AND THE FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT
TRUST BE ADJUSTED IN THE SAME MANNER.
(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
NAV9: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
26. APPROVE ENGAGEMENT BY MIAMI SPORTS & EXHIBITION
AUTHORITY OF SHAPO / FREEDMAN & FLETCHER, P.A. -- FOR TITLE
SERVICES FOR PURCHASE OF MIAMI ARENA LAND -- ALLOCATE
FUNDS, NOT TO EXCEED $25,000, FROM MSEA'S PROFESSIONAL
SPORTS FRANCHISE FACILITIES GRANT.
Mayor Carollo: To finalize with the morning agenda. This is a resolution approving the
engagement by the Miami Sports and Exhibition Authority (MSEA) of the law firm of Shapo,
Freedman & Fletcher, P.A., to provide title service in connection with the purchase of the rear
property located beneath the Miami Arena as deemed necessary by general counsel for MSEA,
funds for engagement for said law firm to be allocated from MSEA's professional sports
franchise facilities grants. Let me explain what this is all about. This has to do with the land the
City as of last week owns again, beneath the Miami Arena and the air rights above it. Whereas
the Miami Sports and Exhibition Authority has in principle requested for its representatives to
meet with the City Manager and negotiate the buying of that property from the City of Miami.
74 February 27, 1997
Commissioner Plummer: Joe, can I ask you a question?
Mayor Carollo: Certainly.
Commissioner Plummer: And I'm asking of the Legal Department. Someone at one time told
me that when the CRA (Community Redevelopment Agency) became a reality, the CRA
released the property?
Mayor Carollo: We transferred the property last week, a couple of weeks ago.
Commissioner Plummer: No, no, no. The CRA?
Commissioner Gort: Yeah.
Mayor Carollo: We are the CRA. When we meet as a CRA.
Commissioner Plummer: I understand that. But did we do that in a meeting?
Mayor Carollo: Yeah, you voted upon it. You were here the last time we met.
Commissioner Plummer: Do you remember voting on it?
Mayor Carollo: Yeah.
Commissioner Plummer: That was that special thing we had here?
Mayor Carollo: We were here. You voted upon it.
Commissioner Plummer: Thank you. OK, OK.
Mayor Carollo: So, we own it again. And now, we need to give the Sports Authority our
blessing to hire this firm so they can do the title surveys and search in connection with the
buying of this property.
Commissioner Plummer: Now exceeding how much?
Mayor Carollo: Well, this is coming from the Professional Sports Franchise Facilities Grant,
from the Sports Authority. What it depends on, Commissioner, is the final amount that we
agreed upon that the Sports Authority would buy the land from the City, by state law the title
guarantees you have a certain amount that law firms and title search companies can charge for
that.
Commissioner Hernandez: Right.
Mr. Marquez: The approximate price will be twenty-five thousand dollars ($25,000) in total for
all closing costs on the transactions...
Mayor Carollo: Or less. It will probably be less from what I understand.
Mr. Marquez: ..or less.
Commissioner Plummer: Not to exceed twenty-five. That's all I wanted to know.
75 February 27, 1997
Mayor Carollo: OK, all right. Not to exceed...
Commissioner Hernandez: I move to retain Shapo, Freedman & Fletcher.
Mayor Carollo: OK, there's a motion by Commissioner Hernandez.
Commissioner Plummer: Second.
Mayor Carollo: Second by Commissioner Plummer. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: We hope to, if you're not too hard on your negotiations, we hope to finalize this
before April 15th.
Mr. Marquez: Yes, sir.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-133
A RESOLUTION APPROVING THE ENGAGEMENT BY THE MIAMI SPORTS &
EXHIBITION AUTHORITY (MSEA) OF THE LAW FIRM OF SHAPO, FREEDMAN
& FLETCHER, P.A., TO PROVIDE TITLE SERVICE IN CONNECTION WITH ITS
PURCHASE OF THE REAL PROPERTY LOCATED BENEATH THE MIAMI
ARENA, AS DEEMED NECESSARY BY GENERAL COUNSEL FOR MSEA;
ALLOCATING FUNDS FOR ENGAGEMENT OF SAID FIRM, IN AN AMOUNT
NOT TO EXCEED $25,000, FROM MSEA'S PROFESSIONAL SPORTS FRANCHISE
FACILITIES GRANT.
(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.
Mayor Carollo:.0& is there anything left from this morning's regular commission agenda?
Commissioner Plummer: No.
Mayor Carollo: OK, we will now go to the Planning and Zoning agenda. Where's the one that I
got here?
76 February 27, 1997
L
NOTE FOR THE RECORD: AT THIS POINT, 3:15 P.M., THE
COMMISSIONCITY SES CONSIDERATION OF THE
REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS
FROM THE PLANNING AND ZONING PORTION OF THE
AGENDA.
Ms. Miriam Maer (Assistant City Attorney): We don't have...
Mr. Carlos Smith (Assistant City Manager/Building & Zoning Director) : Mr. Mayor, are you
ready for us to begin?
Mayor Carollo: Yes, we are. Anytime you're ready.
----------------------------------------------------------------------------------------------------------------
27. APPROVE PROPOSAL FOR SUBSTANTIAL MODIFICATION OF
MIRACLE CENTER MAJOR USE SPECIAL PERMIT BY ADDING RETAIL
SPACE -- SIGNIFICANTLY ALTERING ITS EXTERIOR / INTERIOR
CONFIGURATION -- LOCATION: 3301-3305 CORAL WAY -- APPLICANT:
DENNIS AMOILS FOR MIRACLE CENTER ASSOCS.
Mr.,Francisco Garcia: Good afternoon, Mr. Mayor and gentlemen of the City Commission. For
the record, my name is Francisco Garcia with the Department of Community Planning and
Revitalization. The item before you, item PZ-1, is a request for a significant or substantial
modification to an existing Major Use, Special Permit for the Miracle Center Complex, soon to
be known as Paseos. We're proud to present you this item because it a result of a fairly lengthy
working relationship between the applicant and ourselves and we think it has come to fruition in
a very nice way. It actually the modification to the Major Use, Special Permit consisting of three
items. One, the significant remodeling of the interior; two, the addition of some retail space to
the north of the building, so small as to make it almost insignificant by way of impact and three
the exterior remodeling as shown in the plans that I believe you have before you now. This
proposal has been before the Urban Development Review Board, the Zoning Board, the Planning
Advisory Board.' And all these boards have basically approved the plan as you have it before
you in concept. The department also wishes to recommend the approval of this project in
concept. We have been given just today, the final plans you have before you in concept. The
department also wishes to recommend approval of.this project in concept. We have been given
just today, the final plans you have before you and we understand that the architectural plans you
have submitted are not quite yet complete but our recommendation is that you approve the
project as you see it, in concept, subject to final plans being submitted to the department and
being approved administratively. And that's all I have by way of presentation. I'll answer any
questions you may have, thank you.
Mayor Carollo: OK, Commissioner.
Commissioner Gort: Mr. Mayor, let me ask you a question. This is a project that was here a
long time ago. My understanding is, this project is just a beginning. The first phase was to be
built as a retail space and then second phase and third phase would be, my understanding was a
ten or fifteen story building. My understanding is that's no longer a part of the plan?
77 February 27, 1997
Ms. Vicky Leiva: 1s that to staff or to?
Mr. Garcia: I can answer the first part of the question. I can't answer that, yes. The original
proposal included a building, an apartment building tower on top of the existing complex. I'm
not sure what the plans are on the part of the applicant.
Mayor Carollo: Well that could always have that option at a future date, correct?
Mr. Garcia: Yes, sir, that's correct.
Ms. Leiva: Right. I can answer the second half of the question. And that is that the permit, the
original must have... Excuse me. Vicky Leiva with offices at 701 Brickell Avenue. The
original application included a tower for residential use. We are not modifying that portion of it,
so the Mayor is quite right. In the future, if things are right and business is good, that still would
be an option.
Mayor Carollo: Any questions from the Commission?
Vice Mayor Regalado: Yes, now there are several stores being closed. Lerner's, it's closed.
Ms. Leiva: Several.
Vice Mayor Regalado: Or is closing, right?
Ms. Leiva: Correct.
Vice Mayor Regalado: What happened to Laser Storm too, it's also closed?
Ms. Leiva: It's closed, yes.
Vice Mayor Regalado: Chilli's.
Ms. Leiva: It's closed.
Mayor Carollo: Chilli is closed?
Vice Mayor Regalado: Yeah.
Ms. Leiva: Yes.
Mayor Carollo: How about Fridays?
Ms. Leiva: No, Fridays is still open.
Mayor Carollo: OK, well, thank God for that.
Vice Mayor Regalado: OK, now the plans are on the ground floor for a food court. Is it arches
and?
Ms. Leiva: Well, not exactly a food court, though.. If I may? I think I need to be sworn in so
that I can give you this testimony.
Vice Mayor Regalado: OK.
78 February 27, 1997
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Leiva: I do.
Mayor Carollo: Excuse me, Vicky.
Vice Mayor Regalado: Ah...
Mayor Carollo: Hold on for a second. Mr. Clerk, please from now on go ahead and just swear
them in, do not wait for me to give you the go ahead. It's on you now.
Mr. Walter J. Foeman (City Clerk): OK.
Mayor Carollo: Thank you.
Ms. Leiva: Basically, what you have before you calls. for the renovation to the outside of the
building which is what under the code is before you. There are... The reason why the owners
decided to make these changes to the outside was to let the community know that there are some
exciting changes coming in the insight. And yes, the three levels of the mall are going to be
opened in such a fashion that there'll be more of an openness area and there'll be balconies on
every floor that you can make everything kind of one rather than separate levels. The ground
floor is the one that will undergo the most modifications because it will be split so that we can
bring in more tenants. What occurred in the past was that the stores were so large, and therefore
the cost of leasing them was so severe that that was creating a hardship for many of the tenants.
So the entire ground ,floor is being divided into a Spanish village type atmosphere with smaller
stores so that we can have more accessibility to tenants without the need of imposing upon them
a very large square footage. So that's really the motivation behind restructuring that entire
ground floor. There will also be some more restaurants because they will be smaller so we feel
that will be more financially feasible for individual tenants. This was all part of a feasibility
study that the property owners had performed, a market analysis in order to address both issues.
Number one, what the tenants really needed in terms of space and what the community wanted
in terms of service. And so this inside renovation has been prepared by Brad Shaefer who is the
architect in response to those demands from the public.
Vice Mayor Regalado: Do you plan to do anything on the West side? Because as you know, it's
very narrow between TGI Fridays, the entrance to the movie theater and the fence here where
you park your valet. I mean, as a matter of fact, it doesn't look very nice.
Ms. Leiva: OK.
Vice Mayor Regalado: The west side.
Ms. Leiva: Well, one of the... As you can see here, there is a major change with light fixtures,
columns and signage to the outside. In terms of moving that fence over, that's the end of our
property line. Now what will be supporting this project is a full landscape plan that will have to
be approved subsequently administratively by the Planning Department. That's one of their
conditions and we have agreed to it.
Vice Mayor Regalado: I think it's a very good project and I visit the center at least once a week
with my family, so I know the center very well. And I'm really sad that Laser Storm closed, I
don't know why. I think that maybe it's because of the access, it's not too good to the ground
floor. It's a little difficult to go to the ground floor. I don't know how you're going to fix that.
79 February 27, 1997
7
Ms. Leiva: Well, we have the architects working on that. Staff has given us an awful lot of time
and their own expertise. And I think you're going to find that this new layout does have a little
bit more access to that ground floor. It also opens up more space to window space so that you
can see the activities that are taking place inside the stores, so that it's not blocked from the
outside.
Vice Mayor Regalado: Yeah. And by the way, it's not your fault but the license in the elevator,
in the movie theater expired on December. Nobody has gone to check it.
Ms. Leiva: I'm sure that they'll take care of that now that you've brought it to their attention.
Vice Mayor Regalado: I'm sure they will. Our task force will be there.
Mayor Carollo: I think this is a real plus for this City that they are willing to make the changes
that they are doing there now. It's going to make the area a lot more attractive for the City. I
think it's going to help other business not only go to the Miracle Center but to build around it. I
think now the project is really going to take off. Years ago, before I got elected last July, I used
to take my kids to the movie theater there, and go to Chilli's or Fridays to eat. That's why I'm
not familiar with what's left there. But, I think it's a plus. It's a win, win for everyone. I
certainly will vote to approve it.
Ms. Leiva: I would like to also add to the record that we would like to incorporate by reference
the previous testimony at the Zoning Board and the Planning Advisory Board as well as all items
on file with the Public Hearing Department. And I would also like to ask on... There was one
condition that we're willing to accept currently, but we would like to know if the department
would permit to have a slight modification? The murals.on this building have always been an
issue. You either love them or hate them. And I also must apologize the color that you're seeing
on this large rendering is not the color that's going to be on the building. The colors are going to
be closer to the pictures that you have individually in front of you. But, in enlarging the print the
computer threw off the color. So, I apologize for that. But, basically when we appear before the
UDRB (Urban Design Review Board), we were conceptually talking about using the panels to
depict some artwork consistent with the design of the building of a Spanish village and so forth.
Right now we're not ready to proceed with that. Inspite of the UDRB (phonetic) really liking the
idea, and staff has told us that they have not seen anything that we could depict on there right
now, that they're comfortable with but we would like to know if we may, in the future come
back with some artwork for those panels that we can bring them to staff and get administrative
approval for that rather than have to come back through the process? If that's possible?
Vice Mayor Regalado: If I may ask a question to members of the staff. What do we know about
the property across the street in Coral Way from Miracle Center? It used to be an auto parts
there and it's a real eye soar. The graphite and destruction, it's really bad. What?
Mr. Smith: Mr. Vice Mayor, we are in the process of taking that property to the Unsafe
Structures Board. Probably, in a couple of months.
Commissioner Plummer: Why does it take so long?
Mr. Smith: I cannot answer that. I don't know.
Commissioner Plummer: The place burned down over three years ago.
Mayor Carollo: OK. Can you get that information to Commissioner Plummer and to the rest of
us?
80 February 27, 1997
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Commissioner Gort: My Mayor, I would like to suggest that we should look at the procedures
because that, one of the biggest problems we've had in the past is the decision, the
implementation, the gap that exists is tremendous. And maybe, if we can make some changes so
that we can expedite some of these things.
Mr. Bob Valledor: Mr. Mayor, Mr. Vice Mayor, Commissioners. My name is Bob Valledor. I
have an office at 1450 Coral Way. I have been a resident of Miami since 1952. My home is also
located at 3324 Southwest 20th Street. And when you swore her in I also tagged on with that.
For the record, I am also a member of the Nuisance Abatement Board for the City and I am also
presently their chairman. I am not here representing any other organization or any other entity.
I'm here as an owner of a neighboring property and I live on 20th Street and about 33rd Avenue,
directly behind this property. The concerns that I have and that I've tried to meet with, and I
have met with the applicant, is that the original covenant which granted this property to be built
here and its design and everything else included one of the factors that's included that's the
original covenant, was a screening from the parking garage from the visual sites to... preventing
people to look from their parking garage into the adjoining neighborhood, which happens to be
Coral Gate to the north. Unfortunately, the measures that have been taking place for the
screening have been ineffective. And you can literally look, and literally you can look into my
Florida room, see my sofa and see my wife sitting on the sofa petting her dog. Now, and you can
also look into other people's homes and that's a concern that I have as a husband and as a family
member. And, there are some other issues that I have spoken with the property owners about
and that's regarding the noise pollution emanating from this building, and quite frankly it's not
their fault. No one knew about car alarms and how they echo inside of a building when they go
off and how they continuously they go off and how annoying variable pitch car alarms can be.
The air conditioner problems with the compressors, I under they're addressing those issues and I
' believe that they will come with a solution for those. But I just want to bring to your attention
the covenant, specifically the covenant about the visual sidelines that has not been upheld in my
opinion and I think anybody else who wants to look at it, can agree that it has not been upheld
and this covenant has been on the record since this building was built. Thank you.
Mayor Carollo: Vicky, that's a separate issue from the one that we're dealing with here today,
but nevertheless it's an important issue for the Coral Gate residents. He says, he's met with you
or at least some of your representatives.
Ms. Leiva: He has met with my clients. They met several months ago. My client has asked as
to the air-conditioning. He has asked that his contractor, for alternate ways that the issue of the
noise coming from the air-conditioning can be dealt with. There is some correspondence back, I
believe, to the Homeowners group or someone in the...
Mr. Valledor: A person, a representative. Excuse me, a person representing the homeowners,
yes.
Ms. Leiva: OK. And they're still looking at alternative ways of doing.
Mayor Carollo: Yeah, well that's the issue as to the noise pollution, which you know maybe in
the air-conditioning you can help a little bit but, you know some of it, you know it's built
already, it's limited what they could do. However, on the covenant that is opposed to block the
view from the parking garage to the homes 'in Coral Gate. He's stating there was a covenant to
that effect.
Ms. Leiva: Yes, that was part of the covenant and what happened was, there was screening
installed. And what they're talking about is the parking garage. If you will recall there is a...
you know, the wall only goes up so high and it's an opening. And that is also the ventilation for
81 February 27, 1997
L
the parking garage. What they did as part of the screening required, they installed over those
openings that face the homes at the rear, a chain linked fence and then covered that chain linked
fence with slats so that there is no visual contact. Of course, you can still go up to the fence and
the slats and pull up the slats and look out into the yards.
Mr. Valledor: Excuse me, Ms. Leiva.- Pardon me, but that's slightly incorrect. The slats are
inserted within the chain linked fencing; so there is a gap between the slats. So you don't have
to physically do anything other than look through the openings that are there. It's not that you
have to look and be a peeping Tom to see into a home or into the neighborhood from that
location.
Ms. Leiva: We have had our architect and he's looking at different alternatives to put some type
of louvers or some other type of coverage there that will be more specific and more solid than
what we currently have. But there is a lot of architectural issues that have to be taken into
account in doing that. What I would suggest that we do, is if you would make as one of the
conditions here today, that we will address these issues to the satisfaction of the department. I
think that would be acceptable to my clients and I think at the same time addresses concerns that
the homeowners may have.
Mayor Carollo: Bob, would that satisfy you?
Mr. Valledor: Sure. If we can work together,I am sure they will. And I'm sure there is... There
has been a good faith effort on their part.. And I think, hopefully they understand there has been
a good faith effort on our part...
Ms. Leiva: Absolutely.
Mr. Valledor: .. and I'm not representing anybody else other than me and my family, OK.
Commissioner Gort: Where there is a will, there is a way.
Ms. Leiva: Exactly. But just for his comfort level, I think if you make it part of one of the
conditions we would be more than willing to accept that.
Commissioner Gort: You got a covenant. I mean, that's a good condition.
Mayor Carollo: Is there anyone else from the public that would like to address the Commission
on this issue.
Mr. Valledor: Thank you for hearing me.
Mayor Carollo: Thank you.
Commissioner Gort: Mr. Mayor, I move for approval.
Mayor Carollo: OK, there is a motion for approval.
Commissioner Hernandez: Second.
Commissioner Plummer: Second.
Ms. Leiva: Excuse me, is that with? I never got an answer to my question regarding the murals,
future administrative appeals.
82 February 27, 1997
Mayor Carollo: With the conditions that you have volunteered. Second by Commissioner
Hernandez. Can you call the roll, Mr. Clerk?
Mr. Walter J. Foeman (City Clerk): Roll call.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-134
A RESOLUTION WITH ATTACHMENTS, AMENDING A PREVIOUSLY
APPROVED DEVELOPMENT ORDER (RESOLUTION NO. 85-834. ADOPTED
OCTOBER 23, 1996; AS AMENDED BY. RESOLUTION NO. 88-856, ADOPTED
SEPTEMBER 27, 1988; AS AMENDED BY RESOLUTION 88-989, ADOPTED
OCTOBER 27, 1988); FOR THE MIRACLE CENTER PROJECT, LOCATED AT
APPROXIMATELY 3301-3501 CORAL WAY (AOUTHWEST 22ND STREET), AND
A MAJOR USE SPECIAL PERMIT, PURSUANT TO PRIOR ZONING ORDINANCE
NO. 9500, BY AMENDING CONDITION NUMBER ONE (1) OF THE
DEVELOPMENT ORDER TO INCREASE- THE GROSS SQUARE FOOTAGE OF
BUILDING AREA BY FOUR THOUSAND ONE HUNDRED SIXTY-EIGHT (4,168)
SQUARE FEET; MAKIN FINDINGS; APPROVING A VARIANCE; PROVIDING
INSTRUCTIONS FOR TRANSMITTAL; 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. 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.
L
83' February 27, 1997
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28. DISCUSS / CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2
(APPEAL OF A ZONING BOARD DECISION WHICH DENIED A
VARIANCE AS LISTED IN ORDINANCE NO. 11000, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE-FAMILY
RESIDENTIAL, -- TO PERMIT STRUCTURE WITH SIDE SETBACK OF
2.75' (5'-0" REQUIRED) FOR EXISTING ADDITION TO SINGLE-FAMILY
HOME; ZONED R-1 SINGLE-FAMILY RESIDENTIAL. -- LOCATION: 1746
S.W. 11 STREET -- APPLICANT: MARTHA VALVERDE) UNTIL MAYOR
CAROLLO VISITS SITE AND SURROUNDING AREAS TO DETERMINE
USE -- FURTHER, PROCEED.TO TAKE CASE TO CODE ENFORCEMENT
BOARD BUT HOLD FINES IN ABEYANCE UNTIL FINAL
DETERMINATION BY CITY COMMISSION.
---------------------------------------------------------------------7------------------------------------------
Mayor Carollo: We're in PZ-2.
Commissioner Plummer: Is the applicant here?
Ms. Lourdes Y. Slazyk (Deputy Director, CPR/Community Planning and Revitalization Dept.: I
don't see them. PZ-2...
Commissioner Plummer: Martha Valverde.
-Ms. Slazyk: There she is. This is an appeal of a variance- request which was denied by the
Zoning Board. It was actually a motion to approve which failed, constituting a denial. They
didn't quite have all the votes. The Department of Community Planning and Revitalization is
recommending denial of both the appeal and the variance. There is no hardship to justify this
variance. The property is oversized. You know, a typical lot in the City is 5,000 square feet.
This one has 5,875 square feet. They're requesting a variance from the side yard setback from
five feet and they're proposing two point seven five feet. It is construction that's already in
place. It was built without the benefit of a building permit and it is overconstruction for the
property. It's just way too... It, you know, the property is over -constructed and there is no
hardship for this. They have an oversized lot.
Commissioner Plummer: How much is the fine right now, from the Code Enforcement?
Mr. Carlos Smith (Assistant City Manager/Building & Zoning Director): I understand that it is
one hundred and fifty dollars ($150) per diem, but they were granted an extension of time.
Commissioner Plummer: That was until October the 17th.
Mr. Smith: But it was also continued until October the 7th again. Well no, I'm sorry. I'm,sorry.
Commissioner Plummer: That's the Zoning Board.
Mayor Carollo: Yeah, my...
Mr. Smith: It's one hundred and fifty per diem. I don't have the total amount.
Mayor Carollo: How long has this addition been built here?
84 February 27, 1997
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Ms. Slazyk: According to the background in here, I think they said they bought it with this
work, but it... That's something maybe the applicant can answer better than I. We just know
from the time we catch 'em there is no building permit, and that's when they're cited and they
come in to clarify.
Ms. Guadalupe Ruiz: Hi, she's the owner, she doeen't speak English. She wants to know if she
could address you in Spanish or if I?
Mayor Carollo: Sure. Can you?
Ms. Martha Valverde: SPANISH.
Mayor Carollo: Do you want to translate for her or do you prefer for someone else to? Do you
want to translate for her?
Mr. Ruiz: Si, yes. She wants to know... Can she address you in Spanish?
Mayor Carollo: Yes, she can address in Spanish but...
Ms. Ruiz: All right, I'll translate, yeah.
Mayor Carollo: Can you translate in English?
Ms. Ruiz: OK.
—Mayor Carollo: OK, so tell her once she starts speaking... SPANISH.
Ms. Valverde: Yeah, yeah.
Mayor Carollo: Yeah.
Ms. Ruiz: Yes.
Mayor Carollo: OK. Fine. Gracias. SPANISH.
Ms. Valverde: SPANISH.
Ms. Ruiz: Yes, that was there and all I want to do is legalize the job that was done and I want to
do what you propose.
Mayor Carollo: SPANISH. How long has it been constructed for?
Ms. Valverde: SPANISH.
Mayor Carollo: Hold on. Let her translate.
Ms. Ruiz: I bought the house in 1984 but the house was built in 19... and they're trying to
decide 1930 or 1920.
Mayor Carollo: SPANISH. The addition was here before?
Mr. Bayardo Gutierrez: SPANISH.
85 February 27, 1997
L
Ms. Ruiz: The house was built in 1924. He was saying something about a setback that
apparently in that year all houses were two point five feet because all the neighbors have the
same problems.
Commissioner Hernandez: How much square feet does the illegal part of the house have?
Mr. Gutierrez: I don't remember. Maybe, you know... SPANISH.
Ms. Ruiz: OK, he's saying that, the garage part, that it was built in 1924, at the back part of the
house. The neighbors, the people in front, they all have about two point five feet aside from the
house, from each part of the house. It's supposed to be five feet but it only has two point five.
Mayor Carollo: OK, all right. Is there anyone here that's speaking here against it, from any
neighbors? OK, these neighbors here, OK.
Commissioner Hernandez: I have a question, Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Hernandez: The illegal part, what are we looking at? He makes it sound like it
was a garage that was converted and what, it's gone into the...
Mr. Rafael Rodriguez: Let me make a point of clarification. The setbacks there, it's back since
70's have been five feet. Maybe before that, even much more than five. His house, a portion of
the house is illegal, nonconforming which he got the two and a half feet, or approximately so.
He has an addition that is,. does not meet the setback. Also a carport which was open and he
enclosed also, enlarging the nonconformity also.
Commissioner Hernandez: How many square feet approximately Ralph, do you know what
we're looking at?
Mr. Rodriguez: Of the addition?
Commissioner Hernandez: Yes.
Mr. Rodriguez: From the... I was only there once. I should say maybe about 500 square feet,
600 the most.
Commissioner Gort: Two and a half by 15, that's what it is, 30.
Commissioner Hernandez: Yeah. So the options are either, we would grant this variance or
obviously he'd have to demolish that piece of the... to meet...
Mr. Rodriguez: OK, if I may? From Code Enforcement point of view, we're having a problem
in the street. We had on the last, a little bit over two years, about 22 cases from 17th Avenue to
18th Avenue. It runs from illegal construction to illegal units, abandoned cars. And the problem
with this, is the overcrowding. And the over building. And this is one of the problems. This
case has been generated because it's a code enforcement case. We've got some other cases in
the same street that's also going to be... have been brought and some that are going to be brought
up in front of the Code Enforcement Board.
Commissioner Hernandez: How long do you estimate that this illegal addition has been there?
Mr. Rodriguez: I just say recently, no more than three or four years.
86 February 27, 1997
IN
Commissioner Hernandez: So, you're saying that basically that they did not buy the property
like that? He says he bought it in '82, and you're saying it's...
Mr. Rodriguez: It's... I don't know when he bought it, but its looks fair because some of the
timber on the rear.carport, on the rear portion on the back it looks like fresh.
Commissioner Hernandez: OK. Can I ask a question?
Mayor Carollo: Sure.
Commissioner Hernandez: Did he bring a warranty deed, did he bring any type of title proof of
the property when he purchased the property?
Mr. Slazyk: It's in the package.
Ms. Miriam Maer (Assistant City Attorney): It's in the package, Mr. Commissioner. It's page
25, in your package is the Quit Claim Deed to Martha Valverde.
Mayor Carollo: Well, now I'm having a problem...
Commissioner Hernandez: Yeah.
Mayor Carollo: .. because they just said this was built...
Commissioner Hernandez: - They said they bought it in '82.
Mayor Carollo: Well, they bought it in '82 or '84 so it had to be built before they bought it.
And you're telling me that it's three or four yeats old, based on your best estimates. So now...
Commissioner Hernandez: No way (phonetic)
Mayor Carollo: .. that constitutes a real problem.
Commissioner Hernandez: Yeah.
Commissioner Plummer: Yeah, are these people aware they're swearing under oath of penalty?
Ms. Ruiz: SPANISH.
Commissioner Plummer: Are they aware of that?
Ms. Ruiz: Yeah, I'm telling them that.
Ms. Valverde: Yes.
Ms. Ruiz: SPANISH.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Commissioner, go ahead.
Commissioner Plummer: No, no, no. I would like on the record that they understand that they
are swearing under oath for... For not telling the truth there is penalties, heavy penalties implied.
87 February 27, 1997
Ms. Valverde: SPANISH.
Commissioner Plummer: Now, what did that say?
Ms. Valverde: SPANISH.
Ms. Ruiz: The back part, the back part the terrace, that wasn't there. But the space, which is
what they're fighting for the two point five feet was there.
Mr. Rodriguez: No, the other way around. That's not what she's...
Commissioner Plummer: Well, only thing I'm asking is again, for the record, is she aware that
she is testifying under oath which has penalties for not being truthful?
Ms. Ruiz: SPANISH.
Ms. Valverde: SPANISH.
Ms. Ruiz: She says yes, she is aware.
Commissioner Plummer: OK, thank you.
Commissioner Gort: Mr. Mayor.
-Mayor Carollo: Commissioner.
Commissioner Gort: A statement was made and I want it from staff to let me know. My
understanding is they're stating that most of the houses there have two point five site setback?
Mr. Rodriguez: The... That port... I don't know if it's exactly two and a half but it's close. It's
a car port which, do we have the plans here?
Commissioner Gort: No, no, no.
Mr. Rodriguez: No?
Commissioner Gort: Listen to my question?
Mr. Rodriguez: OK.
Commissioner Gort: My understanding, they made a statement that most of the homes within
that area are violating the setback then most of the homes have the two point seven five setback
or two point five.
Commissioner Plummer: So bringern all here.
Mr. Rodriguez: Yeah. In that street there's a few homes, yes, that do have less than five feet
setbacks.
Commissioner Gort: But they'll be coming back here.
Mr. Rodriguez: But, but they are legal. They're grandfathered in.
88 February 27, 1997
In
Commissioner Plummer: Anywhere before the, 9500
Commissioner Gort: OK.
Ms. Slazyk: I think what happened here is that they extended that line and they enclosed the
carport and they, you know, they extended the line at two and a half feet where the new
construction should have complied with the five feet. And I think there is one clarification on
the translation, I think what she said was that the front of the house is what was there and what
she's trying to legalize is the back and that wasn't there when she bought it. So, that...
Commissioner Hernandez: And the problem is the back.
Ms. Slazyk: And the problem is the back. The front is what's legal nonconforming.
Mayor Carollo: OK. Let me hear from the neighbors and then we'll go back to them. Are they
sworn in?
Mr. Walter J. Foeman (City Clerk): No, they're not, Mr. Mayor.
Mayor Carollo: If you could take care of it, please?
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Jacqueline Colarelo: I do. My name is Jacqueline Cotarelo and I am an executive board
.member of Shenandoah Neighborhood Association, and I would like to bring up an important
point. The reason we have zoning laws and building codes is to protect our rights and that our
neighbors and to protect the quality of life of a neighborhood and its residents. When we have
individuals build without permits they run the risk of finding themselves in this predicament as
well as infringing upon the rights of their neighbors and neighborhood and building unsafe
structures. Approval of this item would set a precedent on this already overwhelmed
neighborhood. We suggest that you adhere to the recommendations of the Building and
Planning Department. A department of professionals of whom we taxpayers pay salaries to
develop and enforce these codes. It is for these reasons that we agree with the recommendation
made by the City's Building and Planning of denial. Thank you.
Commissioner Hernandez: Ma'am are you hear representing the whole homeowners association
or just your...
Ms. Cotarelo: I believe I am because unfortunately our president was working. This is an
incredibly bad time, everybody is working. We were the only ones that were able to take the day
off to do this.
Mr. Jose Echagarria: Do I need to swear in or...
Ms. Colarelo: No, you already did.
Mr. Echagarria: OK, I am Jose Echagarria. I am also on the executive board of the Shenandoah
Neighborhood Association. I'm also a fire fighter for the City of Miami. And I just wanted to
say, you know, the neighborhood, this was originally reported as being illegal units. There were
several units in there. What happened is, the Code Enforcement Board went in there, they found
the illegal construction that they were doing but they also had several units. It was subdivided
and they had several families living in there. This is a single family. neighborhood.
89 February 27, 1997
Unfortunately, all the other board members couldn't make it today but everybody stands behind
us, you know.
Mayor Carollo: How many units do they have there?
Mr. Echagarria: Do you know how many units they had there when you...
Mr. Rodriguez: At the time of the inspection they complied with the number of units that they
were supposed to have, with... it was taken to the Zoning Board only for the work without
permit.
Mayor Carollo: But, you don't know how many units are over there?
Mr. Rodriguez: At the time of the inspection I believe there was only one unit in the front and
the back building they had it vacant. And it had not been used and there was only one kitchen
facility in the rear.
Mayor Carollo: Only one kitchen facility.
Mr. Echegarria:. I just'want to say like, that... you know, these are the laws that we have and if
somebody does something that is not in accordance with the law, they need to fix it. And what's
happening in the City is that when we went before the Zoning Board before, the Chairman of the
Zoning Board said, well in the past what we do is we grant an exception if you sign a waiver.
And none has ever come back, you know, complaining about... The waiver that they sign is that
they are not going to rent out the apartment. Well you know what happens, it takes, you know,
people to come to these board meetings and it's hard to come to these board meetings. We all
have jobs and then that's why nobody ever comes back. Plus it takes hours to get the Code
Enforcement to get out there to check on them, to find what's going wrong. And just, you know,
we don't have enough time to check up on all these things. So, when something does come up
that's illegal, I think it's good for the Commission to enforce the laws and to correct what has
been wronged. There is a big problem with a lot of illegal units and illegal construction and if
we continue, we need to enforce upon the Zoning Board to not grant any more exceptions. They
do the same thing with HCLFs (phonetic) and with illegal units and illegal constructions and
then what's happened is, the... all the services from the City are overtaxed. The garbage, you're
picking up twice as much garbage, there's twice as many people living there. The police, the
fire, the schools, everything is overtaxed. You know, we have a neighborhood association to
help the whole neighborhood. We're not doing this for us, we're doing it for everybody. But,
you know, we need your help to enforce these laws that we have.
Ms. Cotarelo: Thank you.
Mr. Echagarria: Thank you.
Mr. Eudaldo de la Torre: Excuse, if I may interject for one second please? Well, I'm on behalf
of the family also as well, I need to be sworn in to make a...
Commissioner Plummer: He's not been sworn.
Mr. de la Torre: OK, my name is Eudaldo de la Torre, on behalf of the Valverde family...
Mr. Walter J. Foeman (City Clerk): Could you raise your right hand?
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
February 27, 1997
F
Mr. de la Torre: I do, sir. If I may just make a quick, not to sound too argumentative. I think
number one, one of the main issues that we're looking at on these drafts, on these plans...
Number one, if in fact, indeed they did construct any illegal properties, I think they're trying to
make good on their end here today by stating to you, the Commissioners, and people therefore of
the City that they want to make good on their end and be legalized. Now I don't think it's right
for this people to be taxized, it's probably none of your concern but they have already spent over
eleven thousand dollars ($11,000) for a so called architect, whoever his name may be, which he
is well known to the Commissioners here, to try and fix and amend this problem. These are very
hard working citizens and all they're trying to do is make good on it. Now, another key issue
here is and this fact is, that you're talking about something... Number one, they just keep
bringing up different issues. They've talked about the back not being grandfathered in when in
fact the last issue when we were here they, you know, dismissed that because they said, OK, yes,
it was grandfathered in. Now they're bringing it up again. Number two, if the neighborhood is
also concerned about the traffic and so forth, I want to know, I want to bring up, you know, a
very important issue here. OK, she has written proof here today that she was being taxed seven
hundred and eighty-nine dollars ($789) and change for additional garbage picked up as a
consequence of additional units. OK, so in other words do we have accusations here, that she
does have additional units"? Because I think that the issue here, right here today is whether or
not she constructed illegally. And I think right here if we were to make an important argument
here is that they're basically not here for the construction, let's be honest about it. They're here
to all Miami is, we don't want illegal residents, we don't want illegal units, we don't want more
people on the street than we need to and that we have to, OK. But if don't, now if you're making
any other kind of arguments and you're making any kind of implications or accusations, I think
they need to be said here today. Now, are we addressing the issues as forth as they're bought, or
did they or did they not? The fact of the matter is, that thing in the back that they were
investigating, we're talking about gentlemen from right that thing right here, to right here, a little
portion in the back. Do you want it gone, fine it's gone today. They don't mind, they want to
fix the issues. Now the little two feet and a half, where you guys are talking about, now that was
there, all they did was close it in. Have you ever heard of, you know, enter right here, you close
it in by just putting a window, you know, giving access to your house. Now the carport they're
talking about is about the size of from right there, right there. It's aluminum. You want it gone,
they want it gone. They want this whole issue resolved here today. This is all they want. These
people are very hard working people and you know they're spending hard earned money. It's
very easy for them to come in today and say hey, why don't you knock off two and a half feet of
your house, go that way, and you know let, you know break down your bathroom, break up
everything because hey, you know we think we have illegal units in there, illegal aliens in there.
Now if there is some accusation, I want something established today, here today and I want
something to be said and done. Because they have written accusation that, you know, that they
have extra units. They're being taxed by the City of Miami. Now this is so ironical. How does
the Miami NET (Neighborhood Enhancement Teams), or how does, you know, the City
inspectors, or rather how did the department of people who pick up the garbage get to know that
they have illegal aliens, people living there. Because what they're talking about is their main
bedroom. This is where they sleep. This is what we're arguing about here. One bedroom where
they sleep in. Can they not sleep there? The second floor, nobody lives there. Whose here to
say today that anything has been done illegally. Now, sir, yes I have been sworn in and I am
giving you my testimony here today. Thank you.
Commissioner Plummer: Fine.
Commissioner Gort: Let me ask you a question?
Mr. de la Torre: Yes, sir.
91 February 27, 1997
F
Commissioner Gort: Why are you here?
Mr. de la Torre: Why am I here"? Because I am related to them...
Commissioner Gort: But no, no. My question, did they come here volunteering or they came
here because they were summoned and their fine was... they were taken to code and
compliance?
Mr. de la Torre: Once second. I believe they were summoned here.
Mr. Rodriguez: This case has been brought here because it's a code enforcement case. The code
enforcement asked them to go to the Zoning Board to get a variance, certainly it's here.
Commissioner Hernandez: Ralph is there anything that can be done? He's making a point that
they are willing to knock down some things like the carport, correct?
Mr. de Ia Torre: The carport is aluminum. It's galvanized steel.
Commissioner Hernandez: Sure. What is it that they can remove to comply right off the bat
like?
Mr. de la Torre: I mean, we're not going to knock off our bathroom just to accommodate some
neighbors.
Mr. Rodriguez: Well, it's... they got the aluminum in the front and they got the terrace in the
,-back. The open terrace -was also part of the variance.
Commissioner Hernandez: Now if they would knock that down, according to him he's willing to
do that, what else is in violation?
Mr. Rodriguez: There's some work being done in the back, they need to pull the building permit
for it. Which a building permit has not been issued because of the encroachment of the setback.
No, no this, this is simple. If they're will to remove whatever is illegal there, all they have to
do is pull a permit for the removal of the whatever is illegal. Cut back the portions that meet, the
setback at the same times, the same permit get the removal permit for the rear structure.
Commissioner Hernandez: So, then if they're willing to do, you're willing to remove the carport
correct?
Mr. de la Torre: OK, now what. Now, before you know, we understand if we're to agree on
something here today what... Because they keep throwing little things at us, this then that. OK,
give us some light, what it is that you guys want? The carport, it's gone. The back, it's gone.
Mr. Rodriguez: Mr. Mayor, we...
Mr. Smith: Commissioner. Mr. Mayor.
Mayor Carollo: Well, if I were you I'd slow down because you might have it all gone in a
couple of minutes.
Mr. Smith: Mr. Mayor, if I may just add to this. This is a very crowded neighborhood, if you
have been by there. Lots of cars, lots of illegal units. Back in 1993 or '94, the Neighborhood
Association came to see me and the NET administrator then, in the area and requested that we do
a sweep of the area. We took tons of units to, of properties to the Code Enforcement Board. An
92 February 27, 1997
example is the fact that this one which was done recently, on one block we had 22 citations. I
mean, somehow we have to do something with this.
Mayor Carollo: Well, when you say we have to do something, what are you suggesting?
Mr. Smith: Eliminate all this proliferation of illegal units, illegal construction.
Commissioner Plummer: They could say one thing, get in compliance. That's the only thing
they can say.
Commissioner Hernandez: Yeah, but the illegal construction they can legalize it by pulling a
permit.
Mr. Smith: Certainly they can do it. Except that they have to get a variance because they will
not get a building permit with an encroachment.
Commissioner Hernandez: That's my question. The illegal construction that they are
undertaking right now is already encroaching on a site setback, is that what you're saying, on a
site?
Ms. Slazyk: Yes.
Mr. Smith: Yes, yes.
Commissioner Hernandez: All right then.
Mayor Carollo: `What is the will of the Commission?
Vice Mayor Regalado: I will move.
Ms. Ruiz: Sir, what just happened about the? I didn't understand.
Mayor Carollo: They were just explaining to them...
Vice Mayor Regalado: Mr. Mayor, I would move to deny.
Mayor Carollo: There is a motion for denial.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort.
Commissioner Plummer: Deny it, deny the appeal.
Mayor Carollo:. That's correct. Any further discussion?
Commissioner Plummer: I don't really like to ask this question. We're now, Mr. City Manager.
We're now denying the appeal, as I figure it, as close as I can verifying as of today it's
approximately eighteen thousand dollars ($18,000). What happens to the fine?
Mr. Smith: If I understand it correctly they, of course, have to come into compliance. At that
time it stops accumulating and they have to come to the Code Enforcement Board to ask for
mitigation of the fine.
93 February 27, 1997
Is
Commissioner Plummer: But in other words the fine is still running since October 17th?
Commissioner Gort: No.
Commissioner Plummer: Is that correct? I'm just asking.
Mr. Smith: I believe so, let me check.
Commissioner Gort: OK, my understanding is, the procedure is a fine is not running until they
come in front of us and then they can go back and...
Commissioner Plummer: They got three extensions, that's the reason I'm asking.
Ms. Teresita Fernandez (Assistant Executive Secretary/Hearing Boards): The extension of time
was... My name is Teresita Fernandez of the Office of Hearing Boards. The extension was
given until October 16th of 1996. I haven't placed the lien in Dade County yet, holding this case
for this hearing but I'm going to go ahead and do it.
Commissioner Plummer: Well, how much is the lien, that's what I'd like to know? Do you
know?
Ms. Fernandez: It's one hundred and fifty dollars ($150) I think, per diem.
Commissioner Plummer: OK, now based on the fact that we are going to deny their request, do
they still have to pay the fine?
Mr. Fernandez: Absolutely.
Commissioner Plummer: OK, I'm just asking for the record.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes, Commissioner,. go ahead.
Commissioner Gort: I think if the board tells them go ahead and try to get a variance and those
individuals try to go get a variance, I think an extension should be given to those individuals.
Ms. Fernandez: That's why we gave them several extensions.
Commissioner Gort: OK, so that's why we're...
Commissioner Plummer: Go ahead (phonetic).
Commissioner Gort: Well, wait a minute. Let's get this straight out because we need to get a
few things straightened out. Because if the board tells them go ahead and try to legalize this, I
think the board should give those individuals an extension and not run the fine into after this and
even if it's a denial comes out of this meeting today, I think they should be given a time to fix
their problem.
Mr. Smith: Commissioner, if...
Commissioner. Gort: That's my personal opinion. I don't think they should be penalized for the
fine.
94 February 27, 1997
L_
Commissioner Hernandez: The thing here is, we don't have authority to do that. We have to
take it back to the Code Enforcement Board and they have to decide that.
Mr. Smith: If you want to, we will take it back to the Code Enforcement Board requesting a...
Commissioner Hernandez: Yeah, we could recommend that to the attorney of the Code
Enforcement Board, the City Attorney.
Commissioner Gort: In seconding the motion I'd like to recommend that you go back to the
board and the fine will not be running, they will give them some additional time so they can
comply with the ordinance and then, from then on.
Commissioner Plummer: When did they apply for the variance?
Ms. Fernandez: Back in... On the 26th of July.
Commissioner Plummer: What, what?
Ms. Fernandez: July 26, 1996.
Commissioner Plummer: OK. And it's taken them five, seven months to get here?
Ms. Fernandez: They asked for an extension to be in front of you because they have some death
in the family. So, they had to travel and that's why they asked me not to schedule them.
Commissioner Plummer: OK. So, in other words, basically they will have. to go back and try to
mitigate the fine in front of Code Enforcement?
Commissioner Hernandez: Well it's yeah, basically what the situation is, at least Commissioner
Gort's motion is that we recommend to the City Attorney to bring before the Code Enforcement
Board, the fine 'to be retroactively extended. The fines do not effect and that they give them a
retroactive extension through this date basically, or they're not going have a fine.
Commissioner Plummer: How can we do that for the proviso that said less than 15 percent.
Commissioner Hernandez: We can't do it, the board is going to have to do it.
Mr. Smith: The board...
Commissioner Plummer: He can't do it either, nor less than 15.
Commissioner Hernandez: They can do a retroactive extension. The board can do that.
Commissioner Plummer: OK, all right.
Mayor Carollo: Yeah, we can't do it here. We can't do it here.
Commissioner Hernandez: We could only make a recommendation to the board and the board
can do whatever it wants.
Mayor Carollo: And Commissioner Gort is making that part of his motion, that we're
recommending to the board to have some leniency.
Ms..Fernandez: Mayor Carollo, I will schedule then for the next governing meeting of the Code
Enforcement Board, which is next Wednesday on the Sth.
95 February 27, 1997
Mayor Carollo: That'll be fine. Any?
Ms. Ruiz: OK, I have a question. OK, the reason we've taken them so far, I don't really
understand anything about the fines or anything. But they... every letter that we've received it
said that, you know, the fines wouldn't be enforced because we have to be coming to all these
meeting, and we've been having a lot of these meetings and we've been coming to each and
every single one. The last one was to the Code Enforcement and we're supposed to come here.
You know, and it's like it's, everything seems to be going crazy because first of all we don't
have any units and this is what the people's concern is, you know, the units. You know, when
we bought the house it has the quarter, the maid's quarter, it's what they call them and it's two
units in the back. And when the gentlemen went and looked he saw that it was kind of like the
gym thing, you know, where we have the exercise machines and stuff. It has nothing to do with
dwelling units. I mean, this is my parents and they're not doing anything illegal and it's like, I
see like they're being punished for. My grandfather just died, they're paying a lot of money to
try to do the right thing for them just to just say look it's denied, you know.
Mr. de la Torre: Two thousand dollars ($2,000) in tax.
Ms. Ruiz: It's like, it's... To them it just might be, you know, the neighborhood and the cars. I
mean, maybe a lot of people are doing it, but we're not. You know, and this is like our lives, and
they worked really hard. They're like...
Mayor Carollo: Well, you know what? I'd be willing to defer this item for the next meeting.
I'll go there personally so I can see the situation myself. At the same time, I want to get in
writing from staff and under oath and I want the same thing from them, the statements as far as
when that was built back there and I want all of it. If part of it was built before they bought the
property I want to have that clear. Because see, a Iot of the statements here, I think are
conflicting. They first said that it was built, this is what your parents said.
Ms. Ruiz: OK, the only thing that was built...
Mayor Carollo: It was built before they bought it. Then, after we got going, the statements are
made that well, it was built but then you enclosed it. So, then the part about the bathroom comes
in. So, I don't know what was added at what point in time before or after they owned the
property.
Ms. Ruiz: Right. Well, my main concern is, they're about units and those units have been there
because they were quarter's maids. Maid's quarters.
Mayor Carollo: Well.
Commissioner Hernandez: Do you subject yourself to a voluntary inspection by the Building
and Zoning Department?
Ms. Ruiz: Yes.
Mr. de la Torre: That's correct. Anything.
Ms. Ruiz: Yes, we do.
Commissioner Hernandez: OK, I am going to second the motion to defer.
Mayor Carollo: OK.
96 February 27, 1997
L
Vice Mayor Regalado: OK, there is a motion to defer, there is a second motion by Mayor
Carollo, second by Commissioner Hernandez.
Mayor Carollo: Well, it's going to be a substitute motion because there was a motion made
before and seconded. So it's a substitute motion to defer now. I'm asking staff to make an
appointment with my office, get permission from them so that we could go on the property and
see it. OK, and at the same time leave sufficient time so that I could see that whole
neighborhood. You know, I'm going to rule on what's right, that's what I am going to base my
ruling on. I want to give them...
Vice Mayor Regalado: Mr. Mayor. Mr. Mayor before...
Mayor Carollo: .. every benefit of the doubt.
Vice Mayor Regalado: Before we vote. I live in Shenandoah and one of the main problems in
Shenandoah are the illegal constructions. They're going on... Just last week, one block from my
house, there were some people who by the way, I think they're very good because they built
almost half a house in a weekend and I think we have to do something. I'm speaking on behalf
of Shenandoah because that's the neighborhood that I've been living for the last 30 years and...
Commissioner Plummer: It's throughout this entire City.
Mr. Ruiz: I agree. I agree that there is a lot of units, and all I'm saying is that we're not one of
them.
Vice Mayor Regalado: Nell, that's why we're going to'go there.
Ms. Ruiz: I agree, and there is a lot of units but we are not one of the units.
Vice Mayor Regalado: The Mayor is going to go. I'm going to go, every Commissioner is
going to go. You know...
Mayor Carollo: Look, we're bending backwards to be fair to you but if you haven't been
truthful, we're not voting your way.
Commissioner Hernandez: You want me on the tour?
Mayor Carollo: I am going to bend backwards. The Commissioners are going to go along with
me. Therefore, if they do, you better do whatever advertising we need to make sure that any
media can go if they want to because we're all going to be together. And since you are going to
be talking to me, they'll be present so, therefore, we'll have the Sunshine Law involved.
Vice Mayor Regalado; So, there is a substitute motion to defer.
Mayor Carollo: Yeah. I understand that what we're doing is, we're going above and beyond in
giving you the benefit of the doubt. It doesn't mean that we're going to come back here and
approve it. It's going to mean that we're going to be as fair as we could possibly be.
Ms. Ruiz: I really appreciate it, you know, the service.
Mayor Carollo: OK.
Mr. Smith: If I may, Mr. Mayor. I presume that you still want us to take the case to Code
Enforcement for an extension of time?
97 February 27, 1997
L
Commissioner Hernandez: Yes, we're going to need to.
Mayor Carollo: Yeah, you need to do it anyway.
Commissioner Gort: You need to.
Commissioner Plummer: Of course. You got to do it.
Mr. Smith: OK.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Commissioner Gort: Also at the same time as they take this case back to Code Enforcement. I'd
like for the City to research, to give an opportunity to individuals like this that are willing to
comply, and they come in front us, not to run the fine until enough time has been given to them
to go through the process and the procedure. And if we order them here and we make a denial,
give them enough time to comply with it before you can start running that fine, OK?
Mayor Carollo: You want to say something? Go ahead.
Mr. Echagarria: Yes, I'd like to say that, you know, I appreciate what you're trying to do for
them. I think that it's a smart thing to do. I appreciate their trying to correct the problem, which
is what everyone, every honest citizen is expected to do. If you have something you've done
wrong, you correct the problem, and I appreciate that. We never said anything about illegal
aliens. We said there are more units in the house than they're supposed to be. Well, if that is
corrected, we don't have a problem with that. If the setbacks are corrected we also stand for the
waiving of the fine, because we don't think that's fair. But we want to impress the importance
that the Zoning Board, every time an exemption comes up before the Zoning Board, they should
not be granted, they should be either... You know, I understand they have a hardship case,
they're living in a family and they're trying to correct the problem. Like Commissioner Gort
said, they're trying to correct the problem, waive the fine. But these people that have, you know,
fines outstanding and... we need to crack down on all these things because like you say that's
what's deteriorating the City of Miami, the neighborhoods because you know, it's overtaxing all
of our services, that's why the City is being deteriorating.
Ms. Cotarelo: We have a school, which is incredible. Shenandoah Elementary, it's pre -Ks are
housed in trailers over in the Shenandoah Middle, right next door. I mean right next door to
older kids. And why is that? Because we have an over abundance of illegal units with more
families than our schools can handle. More families than any service in our neighborhood can
handle and this is why we're here. This is one of the things.
Commissioner Plummer: Do you know they're making Ada Merritt an extension to Riverside.
It's amazing.
Mayor Carollo: All right there's a motion, there's a second. I called the question. Can you call
the roll please.
Mr. Foeman: Roll call.
Commissioner Plummer: Mr. Mayor.
L
98 February 27, 1997
Mayor Carollo: OK.
Commissioner Plummer: You know, somewhere along the line Carlos, I asked you about this
idea. That any illegal construction like Vice Mayor Regalado saw the other day. They've got to
have a building permit visible from the street, correct?
Mr. Smith: Yes, Commissioner, yes.
Commissioner Plummer: Or they're subject to a fine.
Mr. Smith: That's correct.
Commissioner Plummer: Now, you've got five to eight inspectors in every NET (Neighborhood
Enhancement Teams) office?
Mayor Carollo: No, sir. No, sir.
Mr. Smith: No.
Mayor Carollo: I wish that was the case. One to two.
Commissioner Plummer: No, no, no. I'm talking about all inspectors. Sanitation...
Mayor Carollo: One to two. One to two.
Mr. Smith: The Mayor is -correct. We have some of the inspectors- Before we had from one to
four.
Commissioner Plummer: All right, one to two.
Mayor Carollo: Yes, sir.
Commissioner Plummer: When was the last time a notice of violation was written for not having
a building permit visible from the street?
Mayor Carollo: Well...
Commissioner Plummer: It's my understanding years ago.
Mr. Smith: Probably so, yes.
Commissioner Plummer: Why don't we start ripping it up?
Mr. Smith: We have given instructions to members of the task force to do that. Be on the look
out, make out that if there is construction, it's visible if not to report it so we can issue fines to
them. We have done that. The Fire Chief, I believe has done that.
Mayor Carollo: See, if you make me head of the task. force I'll hire you so you could come
aboard and take care of that.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Hold on for a minutes. SPANISH.
1
99 February 27, 1997
Mr. de la Torre: OK. SPANISH. And I'd like just to apologize, if I came out too strong
gentlemen.
Mayor Carollo: Don't worry about it.
Mr. de la Torre: It's just that I was interested for the family's well being.
Mayor Carollo: I understand, that's fine.
Mr. de la Torre: OK, thank you very much. Have a nice day.
Mayor Carollo: Surely.
Ms. Ruiz: Thank you.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: OK, sure.
The following motion was introduced by Mayor Carollo, who moved its adoption:
MOTION NO.97-135
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2 (APPEAL
OF ZONING BOARD DECISION TO PERMIT A STRUCTURE WITH LESS SIDE
SETBACK THAN AT 1746 S.W. 11 STREET); FURTHER REQUESTING A
WRITTEN SWORN STATEMENT FROM OWNER INDICATING WHEN
-STRUCTURE AND ADDITIONS WERE BUILT; FURTHER INSTRUCTING THE
ADMINISTRATION TO PROCEED TO TAKE THIS CASE TO CODE
ENFORCEMENT, BUT HOLD FINES IN ABEYANCE WHILE THIS CASE IS
BEING CONSIDERED BY THE CITY COMMISSION.
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.
100 February 27, 1997
r--
29. BRIEF COMMENTS BY COMMISSIONER GORT & MAYOR CAROLLO
REGARDING ALTERNATIVES EXPLORED BY OTHER MUNICIPALITIES
TO HAVING GARBAGE FEES -- SEE LABEL 3B.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: One of the calls that I'm getting and I think this is something we discussed
this morning and I think it's very important. One of the problems we have, there is the
disagreement between our zoning ordinance and the new garbage fee. Now my understanding
is, individuals are telling me that they're afraid of paying for additional units and those garbage
fees, is the City legalizing that in R-1? In other words, my understanding is the special task
force is going around, is looking at the houses and they're saying, there's illegal units here and
they get a bill for two or three units. It's a single family zone area and then we get a zoning
inspector that comes here and say you have illegal units you have to... But then the controversi
is, that they pay and they get billed for it and we're legalizing those units. That's my question.
Commissioner Plummer: I still...
Mr. Carlos Smith (Assistant City Manager/Building & Zoning Director): All right, let me...
What I have been told previously by the Law Department is that they're paying for a service...
for a service that we're providing. We're not legalizing anything. They paying for the service
that the City is providing to them.
Commissioner Gort: But I want to make sure that somehow they're documented. Because a lot
of people believe that by paying an additional garbage fee, that their units are being legalized.
And that's a perception out there people.
Ms. Miriam Maer (Assistant City Attorney): I understand.
Commissioner Gort: I'm telling you because we're getting the calls.
Ms. Maer: 1 think you're... I understand what you're saying. I think you're wondering if there
is an estoppel issue here. If we accept money for the extra pickup, is that legitimizing illegal
units. It's a very wise question, I'll go back and talk to the Code Enforcement people in our
office and see that we're on top of that particular issue. I can understand your concern there.
Mayor Carollo: You know, what I am starting to think is, that this whole thing with the garbage
fees and everything that we're going through. We need to maybe look at another way of doing
it. I don't know if it will be any better, but at least let's look at it. There are some cities that the
way they're doing it, on collecting garbage is they're not charging any garbage fees. They're
selling you, each plastic bag that's clearly marked with the City's name and everything and this
way you're paying for how much garbage you're generating in the place you live. If you
generate more garbage you're paying more. If you generate less, you're paying less. You're
paying per bag. And this would eliminate a lot of problems. And then, we simply will just, if
there is a residence that is not using our bags, we fine them. You know, we'll end up having to
pick it up but we'll fine them. And this might be one of the solutions we might have to look at
because this is really getting complicated, and even if the Police or Fire Chief is correct and
we're only making now a ten percent air (phonetic), it's still too much for my liking. And we
need to explore all the different possibilities that we could generate the appropriate amount of
revenue that we're not collecting now from people that aren't paying but at the same time, try to
make it easier on ourselves and on the public.
101 February 27, 1997
Mr. Smith: We'll take a look at that. I believe there is some small City either in Broward or
Palm Beach County.
Mayor Carollo: Well, the closest one I think you have, I think is Plantation...
Mr. Smith: Yeah, I think it's Broward, yes.
Mayor Carollo: .. or one other City in Broward. But there are others across the state in the
country that do it that way.
Vice Mayor Regalado: The problem, Mr. Mayor, is that, I have seen in the past weeks several
garbage bags right in the median of Coral Way. People just apparently live in and they just
throw it there. There are two Christmas trees in Coral Way and 13th or 16th Avenue, right in the
median. There are four garbage bags that have been in the median strip for about four days in
Coral Way and... you know people...
Commissioner Plummer: But you know one of the problems. I suffer from that problem. They
throw it in my yard, OK, and then they want to cite me for having garbage in my yard, I mean
this is crazy.
Mayor Carollo: Well...
Vice Mayor Regalado: No, but it happened. It happened to a lady. It happened to a lady here in
29th Avenue and 27th or 28th Terrace. And somebody dumped some garbage and she was fined
by the inspector and so we're trying to help her on that matter. But, yeah...
-Commissioner Plummer: How you -:going to correct it,o unless you catch 'em? You've got to
catch 'em in the act.
Vice Mayor Regalado: Well, you've got to catch 'em J.L.
Mayor Carollo: Do you stick any within the coffin or not?
Commissioner Plummer: Yeah, right.
----------------------------------------------------------------------------------------------------------------
30. GRANT SPECIAL EXCEPTION REQUIRING CITY COMMISSION
APPROVAL AS LISTED IN ORDINANCE 11000, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, -- PERMIT AN INCREASE IN
CLIENTS TO AN EXISTING COMMUNITY BASED RESIDENTIAL
FACILITY FROM THIRTY-NINE (39) CLIENTS TO NINETY-SIX (96)
CLIENTS WITH A REDUCTION OF OFF-STREET PARKING FROM FIFTY-
TWO (52) REQUIRED TO TWELVE (12) PROVIDED; ZONED G/I
GOVERNMENT AND INSTITUTIONAL. -- LOCATION 800-820 N.W. 28
STREET -- APPLICANT: CITY OF MIAMI / BETTER WAY OF MIAMI, INC.
----------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: PZ-3.
Mayor Carollo: PZ-3.
Ms. Lourdes Y. Slazyk (Deputy director, CPR (Community Planning and Revitalization) Dept.:
PZ-3 is a special exception to increase the capacity of a community based residential facility for
102 February 27, 1997
Better Way. The City Commission on February 18th of 1992 approved the CBRF (Community
Based Residential Facility) here for 39 clients. This request is to increase it to 96 clients. The
department is recommending approval with several conditions. One of them is that the plans that
were submitted didn't show us dimensions of the rooms. We would like that to be clarified
when they get their building permit to make sure that there is at least 80 square feet per client in
the rooms. And, that's something with the furniture layouts you start to see when they are too
small and that's just crowding them in. Another one is that the special exception includes a
request to reduce the parking. It is part of the special exception. So they're going to increase
their capacity to 96 clients but they only have 12 parking spaces. Their plans show that they
have room for more and they've planned on increasing the parking and I think they can increase
it up to a maximum of 22 more. And the Zoning Board agreed they would work that out with
the administration. Come in with new plans just showing us an increase but not to exceed 22.
We also want to see a landscape plan. Make sure they're putting some trees in their courtyard
for shade, you know, in the area, the outdoor space that the clients are going to be using. And, I
believe that was all agreed to and the Zoning Board approved it.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Manuel Alonso-Poch: I do. Yes, my name is Manuel Alonso-Poch, 2100 Ponce de Leon
Boulevard in Coral Gables, Florida. I am here today representing Better Way of Miami, Inc.
And with me is the Executive Director of Better Way, Beth Lang. Also with us is Steven
Graciani (sp), the Financial Advisor of Better Way and some of the staff that works at Better
Way. And Mr. Mariano Cruz is an interested citizen that lives in the area.
Mayor- Carollo: I'm glad you clarified that. I didn't know if he was staff:, I thought maybe he
changed jobs.
Mr: Alonso-Poch: No. Better Way has been providing social services to our community since
1983, and in 1992 they moved to their present facilities in the City of Miami which are leased
from the City of Miami itself. As a matter of fact, this application as you will see is partly in
part made by the City of Miami itself by them being owners of the property. Not long ago we
came before you to extend the lease that we have with the City of Miami because we have an
opportunity at this point in time to increase the... to improve the property that we occupy and
increase the amount of residents that we can service. The request that we are making to you
today, is to increase the number of residents from 39 to 96 and to reduce the number of required
parking spaces from 52 to 12. Let me point out that most of our residents are individuals who at
some point have been homeless and who are mostly destitute, they don't have cars, and they
don't drive. So, this increase in the number of residential units will really not impact the parking
per se. There will be an impact from the point of view of the staffing and that we're taking care
of through one of the conditions that was mentioned by Ms. Slazyk. At this time I am going to
ask that...
Commissioner Gort: Mr. Mayor.
Mr. Alonso-Poch: Yes.
Mayor Carollo: Go ahead.
Commissioner Gort: For the sake of time, is anyone in opposition to this item?
Commissioner Plummer: Move it.
103 February 27, 1997
Commissioner Gort: Is anyone in opposition to this item? Now my understanding also, Better
Way has also made a commitment that they're willing to utilize the individuals they have with
them to help work within the community?
Mr. Alonso-Poch: That is correct.
Commissioner Gort: Am I correct?
Mr. Alonso-Poch: That is correct.
Unidentified Speaker: Yes.
Commissioner Gort: OK. And Mariano Cruz is going to be the head of that crew?
Commissioner Plummer: Oh, my God.
Mr. Mariano Cruz: Nothing to worry about, I am there.
Commissioner Gort: OK, for the sake of time, I know the place. I think they fixed it up, they're
doing some good work and they're willing to work within the community to improve the area
even more and that's the type of volunteer work that we need. For those reasons I move for
approval.
Mayor Carollo: There's a motion, there's a second. And, Mariano you're not a paid lobbyist in
this one, are you?
Mr. Cruz: No, no.
Mayor Carollo: OK.
Mr. Cruz: If we have the vote, we don't have to make a speech.
Mayor Carollo: All right, I just want to make sure. Because if you were, then we'll have to get
you to buy a license. All right, hearing no further discussion, there is a motion there is a second.
Call the roll Mr. Clerk.
Mr. Walter J. Foeman (City Clerk): Roll call.
Mayor Carollo: Thank you.
104 February 27, 1997
F
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-136
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE
ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT AN
INCREASE IN CLIENTS TO AN EXISTING COMMUNITY BASED RESIDENTIAL
FACILITY FROM THIRTY NINE (39) CLIENTS TO NINETY-SIX (96) CLIENTS
WITH A REDUCTION OF OFF STREET PARKING FROM FIFTY-TWO (52)
REQUIRED PARKING SPACES TO TWELVE (12) SPACES PROVIDED FOR THE
PROPERTY LOCATED AT 800-820 NORTHWEST 28TH STREET, MIAMI,
FLORIDA, PER PLANS ON FILE, ZONED G/I GOVERNMENT AND
INSTITUTIONAL; SUBJECT TO: (1) THE SUBMISSION OF A NEW SET OF
PLANS FOR REVIEW AND APPROVAL BY THE PLANNING DIVISION OF THE
DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION PRIOR TO
THE ISSUANCE OF ANY BUILDING PERMIT, WHICH PLANS SHALL DEPICT:
(1) SITE PLAN, WITH DIMENSIONS, INCREASING THE AMOUNT OF PARKING
SPACES ON SITE; (B) A FLOOR PLAN DEPICTING DIMENSIONS AND
FURNITURE, AND PROVIDING A MINIMUM OF EIGHTY (80) SQUARE FEET
PER CLIENT; (C) A COMPLETE LANDSCAPE PLAN, WITH SPECIFICATIONS,
DEPICTING NATIVE SHADE TREES AND COMMON AREAS; (D) PROVISION OF
NOT TO EXCEED TWENTY-TWO (22) ADDITIONAL PARKING SPACES; AND
(2) A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
105 February 27, 1997
' .4
----------------------------------------------------------------------------------------------------------------
31. DISCUSS / TABLE TO LATER IN MEETING CONSIDERATION OF PZ4
(OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY,
BEING A PORTION OF N.E. BAYSHORE COURT BETWEEN N.E. 13TH
AND 14TH STREETS AND A PORTION OF N.E. 14TH STREET BETWEEN
N. BAYSHORE DRIVE AND N.E. BAYSHORE COURT AND SEVERAL
EASEMENTS WITHIN PROPOSED PLAT -- APPLICANT: KNIGHT RIDDER
NEWSPAPER, INC.) -- SEE LABEL 51.
Mayor Carollo: PZ-4.
Commissioner Plummer: Is this vacation and closure to give them the property?
Mr. James J. Kay (Deputy, Director, Public Works): Yes sir, it's... Mr. Mayor, members of the
Commission PZ-4 is a public hearing for the vacation and closure of Northeast Bayshore Court
between Northeast 13th Street and Northeast 14th Street, and also a portion of Northeast 14th
Street between Bayshore Court and North Bayshore Drive. There are several easements within
the platted area that are proposed to be enclosed as well. This is all in connection with the plat
of Knight Ridder Number One on file with the department of Public Works. It comes to you as a
recommendation from the Zoning Board and from the Plat and Street Committee.
Commissioner Plummer: -'How many feet of City. owned.taxpayers property will they be
accumulating?
Mr. Kay: Approximately 37,790 square feet.
Commissioner Plummer: Thirty-seven ninety. And that is how much a square foot?
Mr. Kay: It's approximately fifty dollars ($50), fifty-five dollars ($55), I think a square foot.
Commissioner Plummer: About fifty dollars ($50) a square foot. So that would be 50 times
thirty-seven ninety. OK, you go ahead and proceed and... You understand that that's property
owned by the taxpayers that you're asking the taxpayers to sell to you or give to you or to
acquire? You understand that?
Ms. Adrienne Pardo: I do understand that.
Commissioner Plummer: Yes, OK. That's fine. I just want to make sure you understand. No
problem.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Pardo: I do. Hello, my name is Adrienne Pardo with law offices at Greenberg Traurig,
1221 Brickell Avenue. I am here today on behalf of Knight Ridder. I'd like to go into a little
detail and explain this particular request that we're making. The sole reason for this request is
because Knight Ridder has agreed to donate four point five acres to the Performing Arts Center.
And because they're doing that they will be giving up a block of property where they currently
have their required parking. Because they're giving up that required parking, which like I said
106 February 27, 1997
L
F
entails four point five acres, they need to close this particular portion of the street so that they
can provide the required parking for their employees on that. And for that reason, we believe
that Knight Ridder is making a very big donation already to this community for the Performing
Arts Center. In addition, on this particular application, the Knight Ridder has paid
approximately twenty-eight thousand dollars ($28,000) for application fees for this particular
application. We believe that it would be in the best interest of the City, the Plat and Street
Committee reviewed this particular proposal and approved it. It also went before the Zoning
Board which also granted approval of it. And on this particular... on the subject property, you
can see from the site plan the area that is outlined in green is what is being closed. This is the
Northeast 14th Street and then you have a portion of Bayshore Court and what it does is the
property runs into here which runs along... 1-95 is here.
Commissioner Plummer: One eighty-nine.
Ms. Pardo: So, it's not like it would be interrupting any traffic any thru traffic on this
particular...
Mayor Carollo: Any of these areas are going to be closed?
Ms. Pardo: Yes, this area in green. And this is an easement over here, this portion of the street.
This is already a private street here. And where that area is located on, this is a little like Site
Plan, let me bring this a little closer for you.
Mayor Carollo: I can see it.
Ms. Pardo: OK.
Mayor Carollo: I could see it from here. I'm not like my colleagues...
Commissioner Plummer: He's blind in one eye and can't see out the other. Fifty times thirty-
seven ninety, is my math correct? One hundred and eighty-nine thousand five hundred dollars
($189,500), is that... my math correct?
Mr. Jack Luft (Director, CPR/Community Planning and Revitalization) Dept.: No.
Commissioner Gort: One million.
Commissioner Plummer: No, it's not a million. Fifty dollars a square foot and there's 3,790
square feet. It would be...
Commissioner Gort: One million eight hundred thousand ($1,800,000).
Commissioner Plummer: It's one million? No. I mean this is property that is owned by the
taxpayers of this City.
Mr. Luft: Ten times 37,000 is 370,000.
Mr. Kay: Plus five. One million and a half.
Commissioner Plummer: So it will be a million eight ninety-five. Wow! Oooh, they're going
to have to sell a lot of newspapers.
Commissioner Gort: Let me ask a question.
107 February 27, 1997
Unidentified Speaker: Four and a half acres...
Ms. Pardo: All right, I know.
Commissioner Plummer: Huh?
Commissioner Gort: Mr. Mayor, I would like to ask a question.
Commissioner Plummer: Does your calculator got 12 digits?
Commissioner Gort: Let me ask staff, the value of the calculator, that base that talked about,
fifty dollars ($50) a square foot. It comes out to, let's see the additional value to the property
this will add value to the property one point eight million dollars ($1,800,000).
Commissioner Plummer: Oh, absolutely.
Commissioner Gort: How much will that be in taxes a year? Where are we at, at 10 mills now?
Commissioner Plummer: To us or total? Thirty-two thousand a million but that's for all three of
US.
Commissioner Gort: No, no, no.
Mr. Kay: In City taxes, I don't know what?
Mr. Luft: Yeah, nine point nine five five nine.
Commissioner Gort: OK.
Commissioner Plummer: Yeah.
Commissioner Gort: It's one point eight multiply by nine point...
Commissioner Plummer: But that's not the... Willie, I don't think that's the point.
Commissioner Gort: No, I understand but...
Commissioner Plummer: I think the real point is, this is property owned by the citizens of this
City. And if you buy property or acquire property, they're entitled to be reimbursed. And so,
you know, I am not trying to set the price, because I think fifty dollars ($50) is ridiculous in that
area. I think it's much more. But I'll go along with the fifty dollars ($50), OK. So what I'm
saying to you is, what are you going to give or offer voluntarily as you know you have to do to
the tax payers for the property you're asking them to give to you?
Ms. Pardo: In this subject case we believe that we are making a contribution to the taxpayers by
the donation of four point five acre track of property for the Performing Arts Center which will
be for this community and it's located in the City of Miami.
Commissioner Plummer: You're entitled to your opinion it just doesn't happen to jive with
mine.
Mayor Carollo: Yeah, it sounds to me like Plummer wants to do one of his typical tough
negotiating sessions.
108 February 27, 1997
Commissioner Plummer: No, I think we ought to defer it and give 'ern...
Mayor Carollo: How many olive trees do you want, 20, 30?
Commissioner Plummer: Huh?
Commissioner Gort: Mr. Mayor. You know, J.L., I understand your point of view but I think
one of the reasons this is happening because the donation they're making is so much needed for
the Omni area. The people in the Omni area have been asking for this asking for this for a long
time. Dade County, we in the Downtown have been asking for this Center to be built and I think
the donation of the four acres, as I my understanding...
Ms. Prado: Four and a half.
Commissioner Gort: .. is quite sufficient. Now, my understanding and I might be wrong.
They're going to be paying an additional seventeen thousand...
Mr. Luft: A little over eighteen thousand dollars ($18,000).
Commissioner Gort: Seventeen thousand five hundred dollars ($17,500) in taxes for the next...
And at the same time, they'll be taking away the maintenance that the City will have to pull on.
Commissioner Plummer: Wouldn't it be nice Willie, if they gave one hundred thousand dollars
($100,000) to upgrade Gibson and Dixie Park, huh?
Commissioner Gort: I think...
Commissioner Plummer: I think that would be great.
Commissioner Gort: I think it would be very nice.
Commissioner Plummer: I do too.
Mayor Carollo: Do you need this additional land for the Performance Arts Center?
Commissioner Plummer: No.
Commissioner Gort: No.
Ms. Prado: What they need, is because they're giving the four point five acre track to the
Performing Arts Center, that's a track of land owned by Knight Ridder, that's currently where
they have their required employee parking. And in order for them to give that four and a half
acres to the Performing Arts Center, Knight Ridder needs to provide that required parking
elsewhere. So what they will be doing is, by closing these portions of the street that currently are
not utilized by the City. If you drive by there you'll see that it's not utilized as a street. They
will be making that into required parking for their employees. So it would be taking the place of
the required parking that they're giving up. And that's the sole reason for why they're doing
this.
Commissioner Plummer: Mr. Mayor, I move...
Ms. Prado: If not for the donation they're making on that four point five acre parcel, they
wouldn't need to do this.
109 February 27, 1997
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Commissioner Plummer: Mr. Mayor, I move to defer, give 'em some thought and let them think
about it and we'll think about it. Come back in the next five or six months. I move to defer.
Mayor Carollo: There's a motion for deferment.
Ms. Pardo: Well, perhaps if you might defer until like five o'clock today, we can address it
again?
Commissioner Plummer: That's...
Commissioner Gort: Sounds good.
Commissioner Plummer: .. sounds good to me,.
Commissioner Gort: You can use the phone.
Commissioner Plummer: And when you make your phone call to whoever you have as an upper
echelon, I think this Commission would be willing to dedicate those funds that you voluntarily
give to upgrade Dixie and Gibson Park. I think that would be a tremendous gesture on their part.
Mayor Carollo: Well, Commissioner we don't know, you know, what they want to do so you're
putting words into their mouth, that we cannot do.
Commissioner Plummer: Whose mouth?
Mayor Carollo: Theirs.
Commissioner Plummer: I'm not putting any words in their mouth. They've.got to volunteer,
they know that.
Ms. Pardo: Thank you very much.
Mayor Carollo: Yeah. Thank you.
----------------------------------------------------------------------------------------------------------------
32. DISCUSS / CONTINUE TO MEETING OF MARCH 27, 1997
CONSIDERATION OF PZ5 (OFFICIAL VACATION AND CLOSURE OF A
PUBLIC RIGHT-OF-WAY, BEING THE ALLEY RUNNING EAST TO WEST
FROM S.W. 42 AVENUE TO S.W. 43 AVENUE BETWEEN S.W. 7 STREET
AND S.W. S STREET OF TRAJUNE PARK SUBDIVISION. -- APPLICANT:
ANTHONY ABRAHAM CHEVROLET / RAYMOND & DOROTHY BALL
TRUST).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Well, here comes Anthony Abraham. Come here.
Mayor Carollo: We're in PZ-5.
Commissioner Plummer: We'll take two Chevrolets and one Pontiac.
Mr. James J. Kay (Deputy Director, Public Works): PZ-5 is the public hearing for the vacation
and closure of a East/West alley between Northwest, excuse me, Southwest 42nd to Southwest
110 February 27, 1997
-1
43rd Avenues in conjunction with the plat entitled "Anthony Abraham Plat" which is on file at
the Public Works Department. It comes to you as a recommendation from the Zoning Board,
and also from the Public Works Department.
Commissioner Plummer: How many square feet are assimilating?
Mr. Kay: Six thousand forty-one square feet.
Mr. Anthony Blaty: Wait a minute J.L., let me just say hello.
Commissioner Plummer: Well...
Mr. Blaty:.. get sworn.
Commissioner Plummer: You can do that later.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Blaty: I do. And my name is Anthony J. Blaty. I am an attorney with offices at 7600
Southwest 57th Avenue, South Miami, Florida. And I'm here on the behalf of the applicants
who are and have been a part of this community for, let's see about 47 years. And as an operator
and owner of that property for that time. The property we're talking about is a ten foot alley that
goes nowhere. Am I right? It goes nowhere. It goes from...
. . Mr. Kay:, It splits the property.
Mr. Blaty: .. forty second, forty third. The reason it was intended as an access way between the
commercial property, the front's on Southwest 8th Street and the residential property behind it,
fronting on 7th Street. Since that time, Mr. Abraham has acquired all of the property in that
square block, and the alley serves no purpose. It is a ten foot wide alley. We have been before
this body on a previous occasion to close the alley and for whatever reason we did not conclude
it. We're back again to do so in conjunction with the platting that we're trying to accomplish. In
order to do this, we are going to spend a great deal of money, we already have. We have to
additionally upgrade the... as a part of the commitment, the water system at a cost of
approximately seventy thousand dollars ($70,000) to have a better water flow to the residents on
Southwest 7th Street. We're going to have to relocate all the utilities that are in this alleyway for
the betterment of the community. Additionally, J.L., remember that this is property that's not on
the tax roll, even though it's only a ten foot square piece... ten foot wide alley. It will be on the
tax roll, and I think that's the benefit to the community.
Mayor Carollo: How many square feet are we talking about?
Unidentified Speaker: Six thousand.
Mr. Kay: About 6,000 square feet, 6,041.
Mayor Carollo: And how much does that cost in that part of town, approximately per?
Mr. Kay : That's about, that's more like fifteen to twenty dollars ($20) a square foot. It's
commercial property.
Mayor Carollo: About one hundred thousand to one hundred and twenty plus thousand dollars
($120,000).
111 February 27, 1997
L
Mr. Kay: Right.
Mr. Blaty: No, I think that would be more seventy-five thousand, at fifteen dollars ($15) a
square... Is that what you said?
Mr. Kay: Yes, fifteen to twenty I said.
Mr. Blaty: Yeah. Then you say 6,000 square feet, 60?
Mr. Kay: Six thousand, uh-huh.
Mayor Carollo: Yeah, I'm sorry. Six thousand square feet is what you said, right?
Mr. Kay: Right.
Mr. Blaty: It was never contemplated we were going to have to make a contribution to the City
in addition to what we're doing. If this had been brought up maybe Mr. Abraham would have
considered it in a different light. But obviously we feel that that dealership has paid its fair share
of taxes in the last 50 years.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Gort: Let me ask a question. One of the things that I've been asking for a long
time, to get the advise especially on maintenance of a fee to get advise from the private sector,
specially people in the business, to take care of, fix our lot of cars, and maybe they can provide a
service where they can provide some of the consultants to come and look at our operations and
come up with some suggestions on how we can improve our operation in the maintenance of our
City of Miami fleet.
Commissioner Plummer: Well, they're doing all our work, now. They're doing our Police
Department now.
Commissioner Gort: Yeah, but not all of it. Some of it.
Commissioner Plummer: Well, hey...
Commissioner Gort: Besides whatever they'd like to volunteer.
Commissioner Plummer: Excuse me, if what you're saying is, that you would take a volunteer
contribution inkind service for City repairs, that's fine with me. I'd much rather see it go to
Parks to update parks which I think are very sorely needed. But if you want to do it as inkind for
repairs to the cars, I have no problem with that. What do you want to do?
Mayor Carollo: How many square feet are we talking about again?
Mr. Kay: A little over 6,000 square feet.
Mayor Carollo: And you said, how much again?
Mr. Kay: Fifteen to twenty dollars ($20) a square foot. So, they're in a one hundred thousand
dollar ($100,000) range. One hundred and twenty.
112 February 27, 1997
Mayor Carollo: OK, well... I guess I did hear you right the first time around. Yeah, I was
wrong, it's between 90 plus and 120 plus. Yep.
Commissioner Plummer: Yep.
Mayor Carollo: What's good for one is good for the other.
Commissioner Plummer: I hear you, let's defer it.
Mr. Blaty: Thank you, gentlemen.
Commissioner Plummer: Tony, you can come back this afternoon if want.
Mr. Blaty: I'm afraid J.L., that this is really offensive.
Commissioner Plummer: Well, excuse me, just so you know...
Mr. Blaty: If this had been suggested initially when the application was filed it would certainly
be far more palatable than to come before this board today, and be told that if you want it, you're
going to have to pay us in addition to what you've already committed.
Commissioner Plummer: OK, excuse me, just so you know. And don't walk away. It usually,
an offer of anywhere of about ten percent to 20 percent, is usually acceptable to this board. OK.
Usually. So, I'm just saying that.
Mayor Carollo: Anthony; let me say this to your I'm somewhat surprised that you would be
offended.
Commissioner Plummer: Of course it's voluntarily.
Mayor Carollo: You know you're getting a nice piece of property here. No matter what, you
could put all the faces you want on it. But, I wish...
Mr. Blaty: Well, Mr. Mayor it serves no purpose for anyone.
Mayor Carollo: Well no, it does a serve purpose. And especially, once you get it, it'll serve a
purpose to you because once whomever in the future sells this piece of land they're going to be
making a lot more money because the City gave you this piece of property. So, you know, I
don't want to see faces that makes us look like bad guys. You know, you all are coming here
like bandits...
Mr. Blaty: My comment was, all of a sudden...
Mayor Carollo: .. if we give this land to the firm that you're representing here, and we don't
have to do it.
Mr. Blaty: I know you don't. I'm not quarrelling with you, Mr. Mayor, I'm merely stating that
we're sitting here at the 12th hour and...
Mayor Carollo: Well, that's not our fault. That's staff's fault, that they should maybe be clearer.
See, things somewhat have changed since the past. And maybe they're wrong in the numbers
they're giving me. Maybe the land is not worth fifteen to twenty dollars ($20) a square foot.
Maybe it's worth less, maybe it's worth more. But, you know, the bottom line is that anyone of
113 February 27, 1997
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F
us would love to get additional land for very little. Because basically what you're doing is
paying some fees that amount to a small percentage of the worth of that land. And what I think
we're saying publicly is that, you know, this City is in real financial need right now and maybe
the land is not having the best use that we can provide to it, maybe we're not making anything on
the land now but if we just give it to you, you're certainly going to make money on it at some
point in the future when that land is sold. And by having that land you're going to be able to
make additional dollars and you'll have more space for car sale or what have you, which will
give the dealership the opportunity to make more dollars and we just want to see something fair
done on your part.
Mr. Blaty: No quarrel with you, Mr. Mayor.
Mayor Carollo: I appreciate it.
Mr. Blaty: My comment is, that if this had been suggested at a time when the application was
filed, I would not have any problem with it. But to come before this body today and be
subjected to this particular aspect of additional compensation was not something that my client
contemplated nor did any of our staff. And that's what my problem is with the whole thing.
And this isn't...
Mayor Carollo: I apologize to you the way that it might have been presented by the
Commission. But nevertheless, it shouldn't be anything that should surprise anyone that comes
before here in trying to get land for free.
Mr. Blaty: Well, it will enhance the City by putting it on the tax roll. Right now, it's just a ten
foot easement that goes nowhere.
Mayor Carollo: Well, how much will the City be getting on that piece of property in additional
tax dollars, once it's put on the tax rolls, approximately, and be generous?
Commissioner Gort: One thousand one hundred and forty dollars, ($1,140) a year.
Mr. Kay: About, probably about one thousand, close to one thousand dollars ($1,000)
Commissioner Plummer: No, more. It's got to be more. It's one hundred thousand dollars
($100,000).
Commissioner Gort: Yeah, I know.
Commissioner Plummer: It's one hundred thousand dollars ($100,000). It's got to be... Oh,
you're right, you're right. '
Mayor Carollo: A thousand a year?
Mr. Kay: Yeah, the City.
Mayor Carollo: Well, let's even go to two thousand a year. I'm going to double what you told
me, two thousand a year. The property is worth based on what you told me, fifteen to twenty
dollars ($20) a square foot, is worth somewhere between ninety plus thousand to one hundred
and twenty plus thousand. So what, we would have to wait how many years to get the value of
that property? You see the point I'm making.
Mr. Blaty: I don't quarrel with you, Mr. Mayor. I'm not saying that we've established a value
or a ground rule when we started this in its inception, I could accept what you're stating without
question. That' my problem.
114 February 27, 1997
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Mayor Carollo: Well, now if we...
Mr. Blaty: Now, I've got to go back and explained that to my client.
Mayor Carollo: Yeah, well I appreciate it, and..
Mr. Blaty: All right, sir. Thank you.
Mayor Carollo: .. thank you. If the Madam Assistant City Attorney, can you help us in guiding
the City staff within the scope of the law?
Ms. Miriam Maer (Assistant City Attorney): Yes, sir.
Mayor Carollo: In letting them know what our intentions are from here on.
Ms. Maer: Since these are strictly voluntary, I know that everything that was discussed here is a
matter of...
Commissioner Plummer: Of course.
Ms. Maer:.. a strictly voluntary offer...
Mayor Carollo: Right but...
Ms. Maer: ..on the part of the applicant.
Mayor Carollo: But we're looking for volunteers.
Ms. Maer: I'll be happy to talk to staff.
Mayor Carollo: Thank you.
Commissioner Hernandez: Move to defer.
Mayor Carollo: There's a motion...
Mr. Blaty: It is my understanding that this application then would be denied...
Mayor Carollo: No.
Commissioner Plummer: Deferred, deferred.
i
Mr. Blaty: .. if there is not a voluntary...
Mayor Carollo: We're making a motion for deferment.
Mr. Blaty: And it will be deferred 'till?
Mayor Carollo: For our next meeting.
Mr. Blaty: Can you tell me when? Pardon.
Ms. Maer: Next commission meeting.
115 February 27, 1997
1
Mayor Carollo: For the next commission meeting.
Commissioner Plummer: Well, not the next commission. Zoning would be the 27th.
Mayor Carollo: Next zoning meeting.
Mr. Maer: March 27th.
Mr. Carlos Smith (Assistant City Manager/Building & Zoning): Twenty-seventh.
Ms. Teresita Fernandez (Asst. Executive Secretary/Hearing Boards): March 27th.
Mr. Kay: March 27th.
Mr. Blaty: March 27th. Thank you very much.
Mayor Carollo: Thank you. There is a motion by...
Commissioner Plummer: To deter.
Mayor Carollo: .. Plummer, second by Commissioner Gort. All those in favor signify by saying
"aye."
Commissioner Gort: I think you had some people in opposition.
Mayor Carollo: In opposition of this? Well, it hasn't...
Commissioner Gort: They didn't say anything.
Mayor Carollo: Yeah.
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-137
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-5
(PROPOSED VACATION AND CLOSURE OF ALLEY FROM S.W. 42 AVENUE TO
S.W. 43 AVENUE BETWEEN S.W. 7 STREET AND S.W. 8 STREET OF TRAJUNE
PARK SUBDIVISION. APPLIED BY ANTHONY R. ABRAHAM CHEVROLET CO.
AND RAYMOND & DOROTHY BALL TRUST).
116 February 27, 1997
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
33. SECOND READING ORDINANCE: AMEND CITY OF MIAMI FUTURE
LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN --
CHANGE THE LAND USE DESIGNATION AT APPROXIMATELY 3240
FLORIDA AVENUE, FROM "SINGLE FAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL" -- APPLICANT: FARMER'S MARKET IN
COCONUT GROVE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, we're in item PZ-6.
Ms. Lourdes Y. Slazyk (Deputy Director; CPR/Community Planning and Revitalization Dept.):
PZ-6 is a second reading of a comprehensive plan amendment for 3240 Florida Avenue,
otherwise known as the Farmers Market site in Coconut Grove. On February 19th of this year
we received the letter from the Department of Community Affairs authorizing us to proceed to
immediately adopt the amendment that they have waived their ARQS (Accounts receivable
Quarterly Statement) report. So the department recommends and the covenant for the record has
been submitted and has been recorded. So, we recommend approval of the second reading.
Mayor Carollo: OK, there is a motion...
Vice Mayor Regalado: I move to approve.
Mayor Carollo: Well, hold on sorry, I didn't mean to say a motion but...
Vice Mayor Regalado: I make a motion.
Commissioner Plummer: It's an ordinance.
Mayor Carollo: Yeah, there's a motion, is there a second for discussion? OK, we're in PZ-6.
Commissioner Regalado made a motion for approval so that we can discuss it.
Commissioner Gort: OK.
Mayor Carollo: There is a second by Commissioner Gort. Now, we're open for discussion.
We'll discuss it. You will have your opportunity. Go ahead.
Mr. Walter J. Foeman (City Clerk): Can I swear you in, please?
117 February 27, 1997
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Mayor Carollo: We're not taking any land away here from anybody right? OK.
Commissioner Plummer: Anybody that's going to testify has got to be sworn in.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Carollo: OK, I counted six, seven who had their hands up.
Ms. Adrienne Pardo: Hello, my name is Adrienne Pardo with law offices at Greenberg Traurig,
1221 Brickell Avenue. I am here on behalf of the owner today. This is the second reading for a
proposed comprehensive plan amendment for the subject property which is located at
approximately 3240 Florida Avenue. We're requesting a comprehensive plan amendment for
this property from single family residential to restricted commercial. We had presented
testimony to you during first reading. I'd be happy to go through that again, if you have any
questions, you know, in an effort to save time, you can let me know. We do have here on behalf
of the subject property we have Mr. Will Johnson who is with the Coconut Grove Tenant and
Homeowners Association who will speak on behalf of it again, if you'd like to hear him. Also
Mr. Henry Givens who is a property owner in the area and Robert Mazzerea who is also a
property owner. With me here today are the principles of the property Mr. Bruno Carnesellas
and Mr. Alan Sweeney. Sky Smith. The subject property, you have seen the subject property. It
is, like I said located approximately at 3240 Florida Avenue. It's a large piece of property. We
had... on prior hearings on the rezoning the applicant had submitted a covenant to the City which
actually the City has already recorded. The zonings have been approved subject to the
comprehensive plan amendments. DCA (Department of Community Affairs), the application
-was sent to DCA and DCA waived any objections. With regards to the proposed application
staff is in favor of it. We believe that it will be a wonderful addition to the Grove area. That it
will certainly benefit this area. It will take a dilapidated piece of property, it will improve it, it
will bring taxes to the City of Miami, which is greatly needed. At the current time, the owner is
not able to utilize the reasonable use of the subject property. However, the proposed plans will
have residential homes across the street from a residential area so it will keep the integrity of that
area. The covenant is in place and any of the proposed commercial will be along Florida
Avenue. I mean Grand Avenue. If you have any additional questions, I would be happy to
answer them.
Mayor Carollo: Any questions? OK, none from the Commission.
Commissioner Plummer: Let's here from the objectors.
Mr. Jeffrey Bass: OK. For the record, Jeffrey Bass, 46 Southwest 1st Street, Shubin and Bass.
I'm here as my partner has been here in the past as pro bono counsel appearing on behalf of Ms.
Grady Dinkins at 3201 Florida Avenue, Ms. Wilhemina Bentley, Ms. Denise Wallace. I'd like
to reiterate and reincorporate by reference all of the arguments which we've made in the past and
include them into this record in order to perfect it, but specifically we've objected to this on the
basis that we believe it's contract zoning. We believe it's improper to redesignate the master
plan based on promises and covenants. Dade County is doing something I think, very important
for neighbors right now. And I think this Commission could be well served by that lesson
because it cuts to the heart of the debates that you've heard in the past year. And that is, when
you come into a mander to rezone you need to bring a site plan that you're going to be
committed to as part of your application now. We've been asking for a site plan time and time
again here to give Ms. Dinkins some comfort and no such site plan has been provided to us.
Everybody talks about this is a community serving facility and if this board is in the mood to
impose further conditions upon this project that may make it serve this community better, in light
118 February 27, 1997
of Ms. Dinkins articulated fear about living next to a parking lot, we would suggest that you
disallow this property to be used as a surface parking lot until such time as the retail uses are
established there and that parking would be provided as an accessory to the existing retail uses.
On a housekeeping matter I just want to clarify that the previous rezoning application which was
passed by this board was made subject to what happens here this evening and that the
effectiveness of that rezoning was held in abeyance until tonight. And with that again, I'd just
like to reincorporate and readopt the previous arguments and I would urge you to deny this until
there is a site plan and there is some commitment about how to take care of the issues which
we've been raising all along. Thank you for your time.
Vice Mayor Regalado: OK. Yes, go ahead.
Ms. Pardo: Just quickly in response to...
Commissioner Plummer: No, no you've got another objector.
Ms. Pardo: Oh, no.
Vice Mayor Regalado: OK, Jim. You want to go now?
James McMaster: Yes, sir. Thank you. Jim McMaster, 2940 Southwest 30th Court. I'd just
like to echo that, I talk to Ms. Dinkins at least once a week and you know, she still has the same
concerns she had the day that this application appeared before you. Specifically, the legality and
the way that this one foot along Florida Avenue can be enforced. We have commercial zoning to
within one foot of a sidewalk and three proposed houses directly across the street from her. We
all know how much code enforcement costs in this City. You know, you can't enforce... It's
very difficult to enforce the regulations. How are you going to enforce that these houses will
only be used for residential structures when they're sitting on commercially zoned property?
Will the neighbors have to hire a lawyer every year or two to try and get these people out. As far
as this property not being developable, this property is 100 feet but it's 350 feet long. This is the
largest privately held parcel in Coconut Grove. The idea that it can't be developed is ludicrous.
There is another idea floating around for the Mutiny to put kiosks around the front of the Mutiny
to meet the 65 percent retail frontage requirement. Are they going to put kiosks here or are we
going to have to slots sitting on Grand Avenue instead of a gateway to the West Grove? Last but
not least, I would like to know who actually owns this property. Your ordinance number 9419
requires the disclosure of all properties. Alan Sweeney 78 percent, Sky Smith 11 percent and
then it has Thomas G. Sherman as Trustee 11 percent. We have heard that Bruno Carnesella has
a beneficial interest in that. I see Mr. Smith is here and he is an attorney. Could he please put on
the record that Mr. Sky Smith, that Bruno Carnesella actually owns that 11 percent, that he is the
third owner of this property?
Mr. Sky Smith: Let me just say this, for one thing I respond to questions from the Commission
not from other parties here. I think we are here to direct our questions to the Commission. If
you want the Commission to direct the question, then I'll respond to them, sir.
Vice Mayor Regalado: Right. So you don't...
Commissioner Gort: I have a question. Jeff, how long has that property been vacant?
Mr. Bass: Well, as you know...
Commissioner Gort: Excuse me. How long has it been vacant?
Mr. Bass: About the same length of time the corner of Miami Avenue and U.S.1 has been
vacant on both sides. Many of the parcels on Coral Way... we have a problem with vacant...
119 February 27, 1997
Commissioner Gort: Excuse me, excuse me. How long?
Mr. Bass: Twenty-five years.
Commissioner Gort: OK, thank you.
Ms. Pardo: OK, I'd like to have some people from the community speak on behalf of the
proposed comprehensive plan amendment.
Mayor Carollo: All right, everybody that's here has been sworn already.
Mr. Will Johnson: My name is Will Johnson. I live at 3342 Thomas Avenue in Coconut Grove
and I am a member of the Coconut Grove Homeowners and Tenants Association at which
capacity I am speaking for this afternoon. I'm here because we've already gone through
hearings before and everybody have spoken passionately and we had got it passed on first
reading. There's some real concern from the community of course, but then I thought the last
time around we were able to get by because we were able to sway some of the old fears that
always pop up, in our community, when anything starts to happen. We have to take some
chances in order to jump start our community. We need something to happen in the West Grove.
We need business, we need opportunities and you've got to take some chances to jump start it.
Now, we have covenants in place, even the Commission has put some covenants on this property
and we expect that these things can be enforced. We really do. We depend on the law to enforce
these sort of things and we're not afraid of somebody coming and taking away the Grove from
us. What we need is an opportunity for the Grove to prosper like other communities and given
that opportunity, given some sort of project to kind of bridge that gap that divides us, it might
happen. I'm not saying that it will happen but it might. We have to take those kind of chances.
The property sat there for year after year after year because anytime anybody looked at it, the
fear just, people go nuts and say no, don't develop it, don't touch it, save it. For what? If it's not
helping the community, then, what good is it? Thank you.
Mayor Carollo: OK, next.
Mr. Henry Givens: Good afternoon. My name is Henry Givens. My address is 10500
Southwest 149th Street, Miami, 33176. I represent the owners, the investors of GATZ, the
owners of the Southeast corner of Grand and Douglas and the Northeast corner of Grand and
Douglas which we are in the process of trying to develop the Gumbay Plaza. Our organization is
in 100 percent supportive of this concept. We feel that this would be the kind of spark that
would ignite additional economic development opportunities along the corridor of Grand
Avenue. Again, we are very happy to be a part and to be supportive of investors like Mr.
Carnesellas, Sky Smith and Alan Sweeney who are certainly doing what they can to help in the
revitalization of the Western Part of Coconut Grove. Thank you very much.
Mayor Carollo: Thank you. Miss...
Ms. Pardo: And lastly, I just like to say, with regard to... Oh, OK.
Mayor Carollo: Well, do you have anybody else on your side and then we will?
Ms. Pardo: No, we don't.
Mayor Carollo: OK. Ms. Armbrister.
Ms. Esther Mae Armbrister: Good afternoon, my name is Esther Armbrister, I live at 3350
Charles Avenue. I have been living there for the past 50 years. I would like to give you some
120 February 27, 1997
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history about Black people in Coconut Grove, that you do not know because you are not that old
and maybe somebody hasn't told you. I would like to tell you, to begin with, once upon a time
Negroes lived on white people's premises, they had no other place to live. And eventually
moved over to Evangelist Street. Now in the meantime, you have all the water. Black people
don't live near the water at all. There were some Black people who once upon a time, lived in
the Moorings. And the reason they lived in the Moorings was because you thought they were
white. And after you found out that they were Black you got them out there in a hurry. So, they
had to come over and just live anywhere that they could find a place. So back in 1924, hired a
man by the name of John Bright, and John Bright laid out a beautiful display for Black people
and white people. They gave us all kinds of homes and plans for buildings and recreational
purposes. The City gave it to the Black people in Coconut Grove, 383 acres of land. Then you
turn around and you took 100 acres away from us. So, consequently, we had to live on a little
close line in Coconut Grove. And you have been doing this ever since 1910, you did the
Moorings. And then you came back in 1924, you fired John Bright because he had given too
much to the Black people. So, in the meantime, the Black people, some of the black people got
tired of being bothered, you hindering them and bothering them and they went over into Coral
Gables on LeJeune Road and they built a little community over there. Burdines, Mr. Burdines
from down... one of the Burdines brothers plus the built a community in Coral Gables.
There here again, a white man came along. Mr. Merrick came along and required that property
to make his little City beautiful. So, what happened to the Black people, they were pushed back
over here to you. And *they had to live in... they lived in Coral Gables section down there on lots
that was 25 by 50 and 25 by 25. And they had moved back over here in the other part of
Coconut Grove because there wasn't enough space. Now that lot, that block, that space there on
Grand Avenue and McDonald, I don't know why it keeps on bothering you because you have
space in your community that is beautiful. You're doing... You're not cramped up and when
you bought lots, you bought great, big lots. You bought acres of land. So, you have a nice
spacious place in which live. Why in -the devil you can't be satisfied by leaving that one spot
alone and beautify...? I, we can't understand. Besides that, only thing you want to do is, the
only thing worrying you is changing the zoning. Once you change the zoning in Coconut Grove
you can go through there like a wild fire. That's what you plan to do. And I would like to know
who owns the darn gone property anyway. Who owns the other 11 percent of the property? You
keep on hiding because you know it's foreigners who want to come in and take over Coconut
Grove. Why can't you say who owns the property? That piece of land has been a fight ever
since God knows when. Ever since the Patterson died. Once the Patterson died, and by the way
they were Jews. And you did not allow Jews to live beyond McDonald. The Jews had to live
between McDonald and Elizabeth Street and the highway. You did not allow them to live with
you because evidently something was wrong. You kept the Blacks and the Jews out of this part
of the Coconut Grove. Here, 60 or 80 something years later, you're doing the same darn thing
about one lousy part in Coconut Grove. And the only thing you want to do is come in and
change the zoning. You're not going to put a darn thing on there until you sell it to somebody
out of the country. That's what you plan to do. You're always got some undermined thought
beating in your little bit of brains. But, I guess not little bit of brains because you've got some of
these other Black people who happened to acquire the property, that's what you got. That's what
you got in Coconut Grove, who don't do a darn gone thing and who did not... The only person
who did anything was Mr. Johnson's stepfather, and I don't anybody else on the board who have
done anything in Coconut Grove. We have odd sized on that darn gone local development
program and they're not doing what they're supposed to be doing. And here this man from...
these people just come in from any place and say to you what they want, and you are afraid of
them so you give 'en! what they want. But just my son flew in from California and my son has
twenty-three to twenty-seven million dollars ($27,000,000) for a project. He came here to
Coconut Grove, he couldn't find no place to put his project. So, what does he do? He go out
and... over there to Hialeah to build up a project. The government requires him to have from
four to six acres of land. So, you don't have it in Coconut Grove so... My son was born here,
reared in Coconut Grove and he had to go to Hialeah to set up a program which we need here.
121 February 27, 1997
We could use some of that twenty-three million dollars ($23,000,000), right here in the Grove.
But you don't have it because you have Black people in the background. And here again you're
going to put your people here on McDonald and you're going to put a darn gone lousy parking
lot there, that's what you all plan to do. But something, somewhere along the line you've got to
be stopped from doing something. We don't have no water. You got all the property. I would
suggest that you can go right across the main highway... Across the main highway you have a
lot of property and people got it fenced in. And you don't bother them. And they're probably...
from the main highway it looks like a wilderness back there but behind the wilderness you have
beautiful homes, so why can't we have something that's beautiful and spacious? I don't get it,
something has to be done. One way or the other, I don't know which way but something. That's
all I have to say for the time being. For the time, being. But you still haven't told me and
nobody else that I know of. Some of you all up here, I'm quite sure know who owns the other 11
percent. Now, if you do not know who owns that property, something is wrong with the City
Commissioners. And I don't know what kind of secret it is that you can't tell who owns it. Who
owns the property? Somebody need to tell us who owns the property. So, since we can't talk to
you and you can't understand English, maybe you can understand if you'd tell us who it is and so
we can ask them in their language. Who own the piece of property, who owns it?
Commissioner Plummer: We're going to find out.
Ms. Armbrister: You know, you already know. It's possible that they haven't told you or you're
just going by what they told you.
Commissioner Plummer: No, I'm going by what they swore to.
Ms. Armbrister: Oh,. heavens that don't make a bit of difference. They can swear on all the
Bibles in the world, and they'll be lying, and you know they'll -be lying. And they still haven't
told the truth. So, I don't know why it's a secret. It's supposed to he public, right? This is
supposed to be public.
Commissioner Plummer: Well, let's cut out beating around the bush.
Ms. Armbrister: I'm not cutting out around the bush. I'm talking...
Commissioner Plummer: Tell us who owns the property and let's stop all this nonsense.
Ms. Armbrister: Who owns it?
Commissioner Plummer: Who owns it?
Mr. Smith: It's exactly who we said. Mr. Carnesella is the beneficiary of a trust of which Mr.
Sherman is the trustee. That's the big deal.
Commissioner Plummer: Does that answer your question?
Ms. Armbrister: No, it does not. Who owns the property? You say who he represent.
Mr. Smith: I own 11 percent, Mr. Sweeney owns 88 percent, Mr. Carnesella is the owner of the
remaining percentages through a trust.
Ms. Armbrister: Oh, my God.
Mr. Smith: There's nothing there.
122 February 27, 1997
L
Commissioner Plummer: That's two percent.
Commissioner Hernandez: Eighty-eight or seventy-eight?
Mr. Smith: Pardon.
Commissioner Plummer: That's two percent?
Mr. Smith: No he has 11 percent, I have 11 percent, Mr. Sweeney has the remaining percentage.
Commissioner Hernandez: It's 78 percent instead of 88.
Mr. Smith: Seventy-eight, 78, pardon me, your honor. You honor, I'm...
Vice Mayor Regalado: No, you know...
Commissioner Plummer: Yeah, it's 76 percent, OK. All right, 78, 11, and 11. Ms. Armbrister
in most days that's 100 percent.
Ms. Armbrister: I beg your pardon.
Commissioner Plummer: That's 100 percent. You want to know who the owners are, the man
has told you.
Ms. Armbrister: I don't believe him but for the time being I accept it. And I hope that you can
give me a regular list later on when push comes to shove, because push sure is going to shove
pretty soon.
Vice Mayor Regalado: Mr. Mayor, I move to approve.
Mayor Carollo: There was a motion by you second by Commissioner Gort.
Commissioner Gort: But I got a question? Do we have a covenant running with the property
that the houses can only be used for residential, it cannot be used for commercial purpose?
Ms. Pardo: Yes, you do and it's already been recorded.
Mayor Carollo: Any further discussion? Hearing none, can you call the roll, Mr. Clerk.
Mr. Walter J. Foeman (City Clerk): It's an ordinance.
Ms. Pardo: Thank you very much.
Mayor Carollo: Yeah, can you read the ordinance and then call the roll?
123 February 27, 1997
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An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF PROPERTY LOCATED AT APPROXIMATELY 3240 FLORIDA
AVENUE, FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of October 24, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Regalado, 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. 11448.
----------------------------------------------------------------------------------------------------------------
34. SECOND READING ORDINANCE: AMEND CITY OF MIAMI FUTURE
LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN --
CHANGE LAND USE DESIGNATION AT APPROXIMATELY 7450 NORTH
MIAMI AVENUE, FROM MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO LIBERAL COMMERCIAL. -- APPLICANT: ROLANDO
BLANCO.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, we are on PZ-7.
Ms. Lourdes Y. Slazyk (Deputy Director, CPR/Community Planning and Revitalization Dept.):
PZ-7 and 8 are companion items, they're second reading for land use and zoning change at 7450
North Miami Avenue.
Commissioner Gort: I'd like to move it.
Mayor Carollo: There is a motion on PZ-7, is there a second?
Commissioner Plummer: There is no one here in objection?
Mayor Carollo: Anyone that wants to speak against it?
124 February 27, 1997
Commissioner Gort: As you recall, the only one objector was next door and they wanted to sell
the property to... (phonetic)
Mayor Carollo: Well, .we don't hear any objectors. Hearing none, can you read the ordinance
please?
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Plummer: Obviously the objector has withdrawn their objections, so I'll vote yes.
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.
passed on its first reading, by title, at the meeting of January 23, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
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. 11449,
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.
125 February 27, 1997
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35. SECOND READING ORDINANCE: CHANGE ZONING AS LISTED IN
ZONING ATLAS OF ORDINANCE 11000, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, FROM R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL. --
LOCATION: 7450 N. MIAMI AVE. -- APPLICANT: ROLANDO BLANCO.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're on PZ-8.
Commissioner Plummer: Eight. This is a companion...
Mayor Carollo: Companion item.
Vice Mayor Regalado: Move it.
Commissioner Hernandez: Second.
Mayor Carollo: There's a motion, there's a second. Read the ordinance.
Commissioner Plummer: Call the roll.
Mr. Walter J. Foeman (City Clerk): Roll call.
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. 10 OF SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading, by title, at the meeting of January 23, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Regalado, 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. 11450.
126 February 27, 1997
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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.
----------------------------------------------------------------------------------------------------------------
36. SECOND READING ORDINANCE: AMEND CITY OF MIAMI FUTURE
LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN --
CHANGE LAND USE - DESIGNATION OF PROPERTY AT
APPROXIMATELY 200 S.W. 13 STREET, FROM OFFICE TO RESTRICTED
COMMERCIAL. -- APPLICANT: WALBRICK LTD.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: PZ-9.
Ms. Lourdes Y. Slazyk (Deputy, Director, CPR/Community Planning and Revitalization Dept.):
PZ-9 and 10 are companion land use and zoning items for the Southwest corner of Southwest
2nd Avenue and Coral Way. The department recommends approval. They were approved on
first reading.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: There's a motion, there's a second.
Commissioner Plummer:. This is for the Walgreens, right?
Mayor Carollo: There's a motion there's a second.
Commissioner Plummer: Yep.
Mayor Carollo: Read the ordinance.
Mayor Carollo: Call the roll.
Mr. Walter J. Foeman (City Clerk): Roll call.
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.
127 February 27, 1997
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passed on its first reading, by title, at the meeting of January 23, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner 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. 11451.
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. SECOND READING ORDINANCE: CHANGE OF ZONING AS LISTED IN
ZONING ATLAS OF ORDINANCE NO. 11000, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, -- FROM O-OFFICE TO C-1
RESTRICTED COMMERCIAL. -- LOCATION:.200 S.W. 13 STREET --
APPLICANT: WALBRICK LTD.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: PZ-10.
Commissioner Hernandez: Ten.
Mayor Carollo: Companion item.
Commissioner Gort: Move it. It's a companion item.
Commissioner Hernandez: Second.
Commissioner Plummer: Yeah.
Mayor Carollo: Moved, second. Call the roll.
Commissioner Gort: Great presentation, Ms. Pardo.
Mayor Carollo: Excuse me, read the ordinance.
Mr. Walter J. Foeman (City Clerk): It's an ordinance.
Mayor Carollo: Call the roll.
Mr. Foeman: Roll call.
128 February 27, 1997
Ms. Pardo: Thank you very much.
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 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.
passed on its first reading, by title, at the meeting of January 17, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner 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. 11452.
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. SECOND READING ORDINANCE: CHANGE OF ZONING AS LISTED IN
ZONING ATLAS OF ORDINANCE NO. 11000, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, -- FROM C-1 RESTRICTED
COMMERCIAL TO R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL. --
LOCATION: 669 DOUGLAS RD. & VACANT LOT ON S.W. 37 AVE. & 6
STREET. -- APPLICANT: FERNANDO DARGELO & EVA PADRON &
CLAUDIO PADRON & ROLANDO & GISELA SANCHEZ-MEDINA.
-----------------------------------------------------------------------------------------
Mayor Carollo: PZ-11.
Ms. Lourdes Y. Slazyk (Deputy Director, CPR/Community Planning and Revitalization Dept.):
PZ-11, is a second reading zoning change. This is the one that was a down zoning and based on
the covenant that was proffered by the applicant and accepted by the Commission, which is now
in the City's possession as proof.
Commissioner Gort: Move it.
L
129 February 27, 1997
F
Commissioner Hernandez: Second.
Mayor Carollo: There is a motion, there is a second. Are there any objectors? OK, hearing
none, can you read the ordinance?
Ms. Miriam Maer (Assistant City Attorney): I just would like to say that I would like to get a
copy of the exhibit that goes with the covenant. Other than that the covenant is in order.
Mayor Carollo: OK, do we have a copy of the exhibit?
Ms. Maer: I have the covenant. I'm lacking the exhibit and just want to say, you know, that this
should all be subject to my getting the exhibit at some point. I'm sure that won't be a problem.
Commissioner Gort: OK.
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 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.
passed on its first reading, by title, at the meeting of January 23, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
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. 11453.
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.
130 February 27, 1997
---------------------- -----------------------------------------------------------------------------------------
39. (A) DISCUSS / CONTINUE TO MEETING OF MARCH 27, 1997
CONSIDERATION OF AGENDA ITEM PZ-12 (PROPOSED FIRST
READING TO AMEND THE CITY OF MIAMI FUTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING THE LAND USE DESIGNATION OF THE PROPERTY
LOCATED AT APPROXIMATELY 2989 S.W. 4 STREET, FROM
SINGLE FAMILY RESIDENTIAL TO TWO FAMILY
RESIDENTIAL).
(B) DISCUSS / CONTINUE TO MEETING OF MARCH 27, 1997
CONSIDERATION OF AGENDA ITEM PZ-13 (PROPOSED FIRST
READING TO CHANGE 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 4-2 TWO FAMILY
RESIDENTIAL -- LOCATION: 2989 S.W. 4 STREET -- APPLICANT:
JORGE & FARIDA GONZALEZ).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: PZ-12.
Ms. Lourdes Y. Slazyk, Deputy Director, CPR/Community Planning and Revitalization Dept.):
!PZ-12 and 13, are also companion items. This is still first reading because the Commission had
asked us to take that study for the three lots. This is the lot in the center of two other lots that
'should have been changed as well. We prepared the study, we took it to the Planning Advisory
Board last week, it was approved. So at this time, I would like to ask that PZ-12 and 13 be
continued to March 27th, so that we can bring back all three lots and the study.
Commissioner Plummer: So move.
Commissioner Hernandez: Second.
Mayor Carollo: OK, there's a motion, there's a second. Call the roll.
Mr. Walter J. Foeman (City Clerk): Roll call.
Mayor Carollo: You did read the...
Commissioner Plummer: Both at the same time, to differ.
The Commission (Collectively): Aye.
131 February 27, 1997
in
F
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-138
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-12
(PROPOSED FIRST READING ORDINANCE TO CHANGE FUTURE LAND USE
ELEMENT OF COMPREHENSIVE PLAN AT 2989 S.W. 4 STREET FROM SINGLE
FAMILY RESIDENTIAL TO TWO FAMILY RESIDENTIAL) AND AGENDA ITEM
PZ-13 (PROPOSED FIRST READING ORDINANCE TO CHANGE ZONING ATLAS
AT 2989 S.W. 4 STREET FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-2
TWO-FAMILY RESIDENTIAL) TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR MARCH 27, 1997.
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.
----------------------------------------------------------------------------------------------------------------
40. SECOND READING ORDINANCE: AMEND ARTICLES 4, 9, AND 25 OF
ZONING ORDINANCE 11000, -- TO INTRODUCE NEW USE CALLED
"PHARMACEUTICAL LABORATORIES", -- TO CODIFY APPLICABLE
REGULATIONS FOR THEIR IMPLEMENTATION -- TO PROVIDE
DEFINITION RESPECTIVELY. -- APPLICANT: COMMUNITY PLANNING
& REVITALIZATION.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: All right, we're at...
Commissioner Plummer: Fourteen.
Mayor Carollo: .. fourteen now.
Ms. Lourdes Y. Slazyk (Deputy Director, CPR/Community Planning and Revitalization Dept.):
Fourteen is second reading on the pharmaceutical laboratory amendment.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: There's a motion, there's a second. Read the ordinance. Call the roll, please?
Mr. Walter J. Foeman (City Clerk): Roll call.
132 February 27, 1997
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.
passed on its first reading, by title, at the meeting of January 23, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner 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. 11454.
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.
----------------------------------------------------------------------------------------------------------------
41. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, 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: COMMUNITY
PLANNING & REVITALIZATION.
Mayor Carollo: PZ-15.
Ms. Lourdes Y. Slazyk, Deputy Director, CPR/Community Planning and Revitalization Dept.):
Fifteen is second reading for Class II requirement for river front properties. This is something
we already have on the Bayfront and we'd like to expand it to the river as part of our river site.
Mayor Carollo: Is there a motion?
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: There is a motion by Commissioner Gort, seconded by Commissioner Plummer.
Can you read the ordinance?
133 February 27, 1997
L
Mr. Walter J. Foeman (City Clerk): Roll call.
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.
passed on its first reading, by title, at the meeting of January 23, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner 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. 11455.
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. (A) SECOND READING ORDINANCE: AMEND ORDINANCE 11000,
ARTICLE 4, SECTION 401 SCHEDULE OF DISTRICT
REGULATIONS CBD CENTRAL BUSINESS DISTRICT TO REVISE
EXISTING REGULATIONS FOR SIGNAGE AND OTHER
APPURTENANCES -- AMEND ARTICLE 25, SECTION 2502
SPECIFIC DEFINITIONS, TO REVISE AND CLARIFY EXISTING
DEFINITIONS FOR SIGNAGE -- APPLICANT: COMMUNITY
PLANNING & REVITALIZATION
(B) REFER TO DOWNTOWN DEVELOPMENT AUTHORITY
PROPOSAL BY AK MEDIA TO LIBERALIZE CITY'S SIGNAGE
ORDINANCE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Which is the next item?
Commissioner Gort: PZ-16.
Mayor Carollo: PZ-16, second reading ordinance.
134 February 27, 1997
Commissioner Gort: This is a request of the DDA (Downtown Development Authority), it's my
understanding.
Commissioner Plummer: You approve it?
Commissioner Gort: Yes, move it.
Commissioner Plummer: Move 16.
Mayor Carollo: It's been moved, it's been second. Read the ordinance.
Commissioner Plummer: Call the roll.
Mr. Walter J. Foeman (City Clerk): Roll call.
Mayor Carollo: Now, Lucia?
Ms. Lucia Dougherty: Yes, sir.
Mayor Carollo: Now, why do you want to speak now and not before when...?
Ms. Dougherty: I was standing up here ever since there was a motion.
Mayor Carollo: .. you were supposed to be representing the client on a previous item?
Ms. Dougherty: Miami Herald.
Mayor Carollo: Oh, you're here for the Miami Herald.
Commissioner Plummer: Oh, big time.
Ms. Dougherty: You want to do that item now?
Mr. Foeman: I haven't sworn you in.
Commissioner Plummer: No, we said after five.
Mayor Carollo: It's after five.
Ms. Dougherty: Well, after five is fine. Well no, what I'd like to speak on is item-16 which was
the sign ordinance. Although, I'm not opposing that sign ordinance I did, in fact, ask by letter to
the Manager on January the 8th, to be placed on the February 27th agenda to discuss signage in
this downtown area. So, if I could speak on this issue? We would ask on behalf of AK Media
formerly known as Ackerley that the City consider a liberalization of signage in the downtown
area. And I say that because we think that there is a type of sign that is more of an artistic type
of sign that have a very minimum amount of advertising or advertises public purpose. And I'll
just give you an example of this kind of thing, which the AK Media or Ackerley would be
willing to participate and give some revenue to the City of Miami in order to be able to place a
artistic sort of a sign as opposed to a general advertising sign in downtown. If you would
consider such an ordinance, we'd be pleased to take it to the Planning Advisory Board. The City
could participate in the revenues of such a sign, do it by a public hearing, a Class II permit...
Vice Mayor Regalado: Mr. Mayor?
L
135 February 27, 1997
A
Ms. Dougherty: .. we'd ask you for consideration for that.
Vice Mayor Regalado: Mr. Mayor, one of the things that helped Time Square to be what it is
right now is that kind of signs. Signs that would draw the attention of the people. So, if we need
to make a resolution, I'm willing to make a resolution to go ahead and study that possibility.
Commissioner Hernandez: Do we not have a sign like that on Flagler Street on that sports store
right in front of the Latin restaurant, have a big NIKE...
Commissioner Gort: Yes, we do.
Commissioner Hernandez: We have a huge sign like that already, on Flagler.
Ms. Dougherty: I don't know that's legal or not but all I can tell you is that...
Commissioner Gort: Yes, we do why don't you check in the ordinance and my suggestion, Vice
Mayor Regalado, this should be taken to the DDA first.
Ms. Dougherty: That is an on premise sign. I'd be happy to go to the DDA for
recommendation.
Vice Mayor Regalado: No problem.
Mayor Carollo: OK, if you would bring it before the DDA we'd appreciate it.
Ms.' Dougherty: OK. Is this a referral automatically to the DDA?
Mayor Carollo: This is a referral...
Commissioner Gort: No, no excuse me. Yes.
Mayor Carollo: .. to the chairman of the DDA.
Ms. Dougherty: Great. Thank you very much.
Mayor Carollo: Thank you.
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.
136 February 27, 1997
F
passed on its first reading, by title, at the meeting of January 23, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner 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. 11456.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
43. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE
15, SECTION 1513 -- INTRODUCE NEW SECTION 1520 TO PROVIDE FOR
CERTIFICATE OF COMPLIANCE IN LIEU OF CLASS II SPECIAL
PERMIT -- APPLICANT: COMMUNITY PLANNING & REVITALIZATION.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Now where are we?
Mayor Carollo: All right, we're in 17 now correct?
Commissioner Hernandez: Yes.
Commissioner Plummer: Move it.
Commissioner Heranndez: Second.
Mayor Carollo: There is a motion, second on 17. Any objectors? Hearing none can you read
the ordinance?
Walter J. Foeman (City Clerk): Roll call.
137 February 27, 1997
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 THEREFOR; PROVIDING FOR
APPEALS; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of January 3, 1997, 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. 11457.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
44. SECOND READING ORDINANCE:, AMEND CHAPTER 62 OF CODE,
SECTION 62-61, SCHEDULE OF FEES, IN' ORDER TO INTRODUCE A FEE
FOR CERTIFICATES OF COMPLIANCE IN -LIEU -OF CLASS 11 SPECIAL
PERMIT -- APPLICANT: COMMUNITY PLANNING & REVITALIZATION.
Mayor Carollo: PZ-18.
Commissioner Plummer: Move it.
Commissioner Gort: Second as a companion, established a fee.
Mayor Carollo: Second by Commissioner Gort. Any objectors? Hearing none, can you read the
ordinance?
Mr. Walter J. Foeman (City Clerk): Roll call.
138 February 27, 1997
L
F
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.
passed on its first reading, by title, at the meeting of January 23, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner 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. 11458.
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. DISCUSS / CONTINUE TO MEETING OF MARCH 27, 1997
CONSIDERATION OF AGENDA ITEM PZ-19 (SECOND READING
ORDINANCE TO AMEND ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
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 AND AMENDING
ARTICLE 25, SECTION 2502 "SPECIFIC DEFINITIONS" TO CLARIFY THE
DEFINITION FOR "HEALTH SPAS OR STUDIOS" -- APPLICANT:
COMMUNITY PLANNING & REVITALIZATION).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: PZ-19.
Ms. Lourdes Y. Slazyk, Deputy Director, CPR/Community Planning and Revitalization Dept.):
PZ-19 is a second reading in order to codify a determination of use for health spas and studios in
office districts.
Commissioner Plummer: I'm still not happy with this one, I've got to tell you. I'd like to defer
19, for further thought. I move to defer.
139 February 27, 1997
Ms. Slazyk: To March 27th?
Commissioner Plummer: Yeah, of 1999.
Mayor Carollo: There's a motion to defer 19. Is there a second?
Commissioner Hernandez: Second.
Mayor Carollo: Second. All in favor signify by saying "aye."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-139
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-19
(PROPOSED SECOND READING ORDINANCE TO AMEND ZONING
ORDINANCE TO ALLOW "HEALTH SPAS OR STUDIOS" AS PERMITTED USE
IN OFFICE ZONING DISTRICT) TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR MARCH 27, 1997.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
-Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
---------------------------------------------------------------------------------------------------------
46. FIRST READING ORDINANCE: PROPOSAL TO AMEND CHAPTER 62, OF
CODE, ARTICLE VI, ZONING AND PLANNING FEES -- TO INCREASE
FEES FOR NONRESIDENTIAL MAJOR USE SPECIAL PERMITS -- ADD
NEW FEES FOR CLASS II SPECIAL PERMIT TIME EXTENSIONS -- FOR
NON -SUBSTANTIAL MODIFICATIONS TO CLASS II SPECIAL PERMITS
& SPECIAL EXCEPTION PERMITS. -- APPLICANT: COMMUNITY
PLANNING & REVITALIZATION.
Mayor Carollo: PZ-20.
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Plummer.
Commissioner Hernandez: Second.
L
140 February 27, 1997
Mayor Carollo: Second by Hernandez. Is there anyone from the public that would like to speak
against it? It is recommended for approval of Planning Advisory Board by a vote of seven, zero.
Can you read the ordinance in first reading please?
Mr. Walter J. Foeman (City Clerk): Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, SECTION 62-
61, ENTITLED: "SCHEDULE OF FEES," TO INCREASE THE FEES APPLICABLE
TO MAJOR USE SPECIAL PERMITS; FURTHER, CLARIFYING LANGUAGE AND
ESTABLISHING FEES FOR "NONSUBSTANTIAL AMENDMENTS" TO CLASS II
AND SPECIAL EXCEPTION PERMITS AND TIME EXTENSIONS FOR CLASS II
SPECIAL PERMITS; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
----------------------------------------------------------------------------------------------------------------
47. FIRST READING ORDINANCE: PROPOSAL TO AMEND ORDINANCE
11000, AMEND ARTICLE 16 -- MODIFY PROVISIONS REGARDING NON -
SUBSTANTIAL MODIFICATIONS -- INCLUDE PROCEDURES TO ALLOW
FOR SUCH MODIFICATIONS TO AN APPROVED SPECIAL EXCEPTION
PERMIT -- APPLICANT: COMMUNITY PLANNING & REVITALIZATION.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're in item 21 now, PZ-21.
Ms. Lourdes Y. Slazyk (Deputy, Director, CPR/Community Planning and Revitalization Dept.):
Yes, PZ-21 is a companion item. Twenty was the fees for 21 and 22. This was also
recommended for approval by the PAB (Planning Advisory Board).
Commissioner Gort: Being first reading, I'll move it. But I would like for you to come back.
When you talk about nonsubstantial, I'd like to have a clarification of nonsubstantial, OK?
Ms. Slazyk: Yes, sir.
Commissioner Hernandez: Second.
141 February 27, 1997
Mayor Carollo: There is a motion, there is a second. Hearing no objection from the public, can
you read the ordinance please?
Mr. Walter J. Foeman (City Clerk): Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 1605 TO MODIFY THE PROVISIONS REGARDING MODIFICATIONS
TO AN APPROVED SPECIAL EXCEPTION PERMIT; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
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: 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.
----------------------------------------------------------------------------------------------------------------
48. FIRST READING ORDINANCE: PROPOSAL TO AMEND ORDINANCE
11000, AMEND ARTICLE 15 -- TO ALLOW FOR ONE TIME EXTENSION
OF NO MORE THAN TWELVE (12) MONTHS -- TO ADD PROCEDURES
FOR NON -SUBSTANTIAL MODIFICATIONS ON APPROVED CLASS II
SPECIAL PERMITS. -- COMMUNITY PLANNING & REVITALIZATION.
Commissioner Gort: PZ-22.
Ms. Lourdes Y. Slazyk (Deputy Director, CPR/Community Planning and Revitalization Dept.):
PZ-22, it's the same thing for Class 1I special permits and it adds a time extension for Class Its
which is something we have for special exceptions and major uses but not Class IIs.
Commissioner Gort: Move it.
Mayor Carollo: There is a motion, there is a second. Read the ordinance.
Commissioner Gort: Roll call.
Mr. Walter J. Foeman (City Clerk): Roll call.
142 February 27, 1997
Is
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
"ARTICLE 15. CLASS 11 SPECIAL PERMITS; DETAILED REQUIREMENT'S," TO
ALLOW FOR ONE TIME EXTENSION OF NOT MORE THAN 12 MONTHS AND
NONSUBSTANTIAL MODIFICATIONS TO AN APPROVED CLASS II SPECIAL
PERMIT; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Mayor Carollo , seconded by Commissioner, 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.
----------------------------------------------------------------------------------------------------------------
49. FIRST READING ORDINANCE: PROPOSAL TO AMEND ORDINANCE
11000, ARTICLE 5, SECTION 505 -- TO ADD NEW . PROVISION
ALLOWING FOR REDUCTION OF UP TO FIFTY (50 PERCENT IN
SETBACK REQUIREMENTS FOR PLANNED UNIT DEVELOPMENT
HOUSING PROJECTS FOR LOW INCOME FAMILIES AND INDIVIDUALS
OR FOR THE ELDERLY BY SPECIAL EXCEPTION PERMIT ONLY --
APPLICANT: COMMUNITY PLANNING & REVITALIZATION.
Ms. Lourdes Y. Slazyk (Deputy Director, CPR/Community Planning and Revitalization Dept.):
PZ-23, was a request that came through our Zoning Board and PAB (Planning and Advisory
Board). One thing we have in this ordinance today allows affordable housing to request a 50
percent reduction in parking by special exception. This... the difference between that and a
variance is they don't have to prove hardship. And they asked us to consider the same
amendment for setbacks if it's for affordable housing or housing for the elderly. This is
something we tied into a pud because... if you recall, we've had two puds come in recently. One
for New Hope Overtown and Northwestern Estates and the New Hope Overtown had to ask for
this variance for the 50 percent and by doing it they were able to create open space inside the
project where Northwestern Estates didn't do it and they didn't have as much open space inside
the project. If they hadn't have to prove hardship it may have been easier for them to be able to
do this. So, this is something to allow for a more creative design in puds when it's an affordable
housing or elderly housing project. It was also recommended for approval by the PAB.
Commissioner Gort: OK, my understanding is, you're going to require 50 percent in setback
requirement for planning and development in order to increase the density in the planned units
or?
143 February 27, 1997
Ms. Slazyk: No, it wouldn't change the density at all because any land in the City of Miami, the
density, the number of units per acre or how much FAR is determined by the zoning. This is to
allow you to move the project out just a little bit closer to the street to provide more flexibility in
your interior design.
Commissioner Gort: To bring more area, more green area of interior, OK.
Ms. Slazyk: That's right.
Commissioner Gort: I move it. Move it.
Vice Mayor Regalado: There is a motion.
Commissioner Hernandez: Second.
Vice Mayor Regalado: Second by Commissioner Hernandez.
Ms. Miriam Maer (Assistant City Attorney): Shall I read the ordinance?
Vice Mayor Regalado: Read the ordinance please.
Mr. Walter J. Foeman (City Clerk): Roll call.
An Ordinance entitled -
AN' ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 5, SECTION 505, TO ADD PROVISION PERTAINING TO SETBACK
REQUIREMENTS FOR COMMERCIAL AND RESIDENTIAL PLANNED UNIT
DEVELOPMENTS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, 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.
Mayor Carollo: Is the City Manager upstairs by any chance, do you know?
Mr. Carlos F. Smith (Assistant City Manager/Building and Zoning Dept.): I can check.
Mayor Carollo: OK, I need Vice Mayor for you to run the meeting because I have to go and see
the Manager briefly on something having to do with the State.
144 February 27, 1997
Vice Mayor Regalado: Sure.
NOTE FOR THE RECORD: At 5:24 p.m. Mayor Carollo asked to
e excused from the Commission Meeting
Vice Mayor Regalado: OK.
Mayor Carollo: Thank you.
----------------------------------------------------------------------------------------------------------------
50. SECOND READING ORDINANCE: AMEND ARTICLE 4, SECTION 401
"SCHEDULE OF DISTRICT REGULATIONS," OF ZONING ORDINANCE
11000, TO FURTHER RESTRICT IMPLEMENTATION OF CERTAIN
CONDITIONAL PRINCIPAL USES IN THE R-3 MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL ZONING DISTRICT -- FURTHER, AMEND
ARTICLE 25, SECTION 2502 TO CLARIFY CERTAIN DEFINITIONS
RELATED TO AFOREMENTIONED CONDITIONAL PRINCIPAL USES. --
APPLICANT: COMMUNITY PLANNING & REVITALIZATION.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: We are now in PZ-24.
Commissioner Hernandez: I move it.
Vice Mayor Regalado: OK, moved. Is there a second?
Commissioner Gort: Second.
Vice Mayor Regalado: Second by Commissioner Gort. Go ahead and read the ordinance. Roll
call, please.
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.
145 February 27, 1997
F -1
passed on its first reading, by title, at the meeting of January 23, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Hernandez, 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
NAYS: None.
ABSENT:
Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11459.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
51. TABLE TO LATER IN MEETING CONSIDERATION OF AGENDA ITEM
PZ4 (OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-
WAY, BEING A PORTION OF N.E. BAYSHORE COURT BETWEEN N.E.
13TH AND 14TH STREETS AND A PORTION OF N.E. 14TH STREET
BETWEEN N. BAYSHORE DRIVE AND N.E. BAYSHORE COURT AND
SEVERAL EASEMENTS WITHIN PROPOSED PLAT) -- SEE LABELS 31 &
54.
Vice Mayor Regalado: PZ-25.
Commissioner Hernandez: .I think, Mr. Vice Mayor. I think you should pass this on until the
Mayor comes back and move on to the rest.
Vice Mayor Regalado: Yeah, right. Yeah, we're going to wait and do...
Commissioner Hernandez: Non -controversial ones.
Vice Mayor Regalado: Non -controversial.
Ms. Lucia Dougherty: Could we go back to PZ-4?
Vice Mayor Regalado: Twenty-six. I'm sorry?
Ms. Dougherty: Could we go back to PZ-4, the street closure?
Commissioner Plummer: About what?
Mr. Carlos Smith (Assistant City Manager/Building and Zoning): The Miami Herald.
Vice Mayor Regalado: The Miami Herald, we can do that.
146
February 27, 1997
F
Commissioner Plummer: Oh.
Vice Mayor Regalado: Was it voted on? I wasn't here.
Commissioner Hernandez: No. No, we didn't vote on that.
Commissioner Plummer: No, it wasn't voted on.
Commissioner Hernandez: We deterred on that.
Vice Mayor Regalado: Well, then let's wait for the Mayor.
Commissioner Plummer: That's that one million eight hundred and ninety-five thousand dollars
($1,895,000) piece of property.
Commissioner Hernandez: Yeah, right.
Vice Mayor Regalado: OK, let's then wait for the vote, in case we want to vote.
Commissioner Hernandez: We're going to pass 25.
Vice Mayor Regalado: We just go ahead and do PZ-26.
Commissioner Hernandez: Right.
Commissioner Plummer: What are we taking?
Ms. Lourdes Slazyk (Deputy Director CPR/Community Planning and Revitalization Dept.): PZ-
26.
Vice Mayor Regalado: PZ-26.
Commissioner Hernandez: We're going to pass 25.
Vice Mayor Regalado: We're going to pass 25.
Commissioner Plummer: OK.
-------------------- -------------------------------------------------------------------------------------------
52. CONTINUE TO MEETING OF MARCH 27, 1997 CONSIDERATION OF
AGENDA ITEM PZ-26 (AMEND ZONING ORDINANCE BY AMENDING
ARTICLE 6, SECTION 617, SD-17 SOUTH BAYSHORE DRIVE OVERLAY
DISTRICT, TO PROVIDE DEVELOPMENT BONUSES, AS INTENDED BY
THE DISTRICT, FOR PORTION OF DISTRICT BOUNDED BY
MCFARLANE ROAD, SOUTH BAYSHORE DRIVE, MARY STREET AND
PORTIONS OF GRAND AVENUE -- APPLICANT: COMMUNITY
PLANNING & REVITALIZATION.)
Ms. Lourdes Y. Slazyk, Deputy Director, CPR/Community Planning and Revitalization Dept.):
PZ-26 is a second reading ordinance for SD-17, to provide a parking bonus of not to exceed
point five FAR for public parking.
147 February 27, 1997
r-
Commissioner Hernandez: I move.
Commissioner Plummer: Second.
Vice Mayor Regalado: OK, there is a motion and a second. Go ahead and...
Ms. Lucia Dougherty: Mr. Vice Mayor?
Vice Mayor Regalado: Oh, I'm sorry. Lucia.
Ms. Dougherty: Although we are supportive of this ordinance, we promised our neighbors that
we would continue this item so that we can talk to them about what this means to the Mutiny.
This is the ordinance that's coming up for the Mutiny. We're supportive of it, and we want it,
but we promised our neighbors that we would continue it. So, we need to ask for a continuance
on this item.
Commissioner Gort: So, you're continuing both?
Ms. Dougherty: We're on both.
Commissioner Gort: Twenty-four and 26.
Commissioner Hernandez: No, 25.
Ms. Dougherty: No, no, just...
Vice Mayor Regalado: Twenty-five.
Ms. Dougherty: Just the ordinance.
Commissioner Gort: Just the ordinance, OK.
Commissioner Plummer: You're asking to continue this ordinance, 26?
Ms. Dougherty: Just the ordinance, Correct.
Vice Mayor Regalado: Yeah, but we are going to discuss 25.
Ms. Dougherty: That's correct. We're going to discuss 25 but just ask our other neighbors, not
the neighbor that's appealing the 25, have asked us for a continuance which we agreed.
Commissioner Hernandez: Make a substitute motion to continue item 26.
Vice Mayor Regalado: OK, there is a substitute motion, there is a second and all in favor say
flaye.11
The Commission (Collectively): Aye.
Vice Mayor Regalado: OK.
Ms. Dougherty: And that's until the March 20th.
Ms. Slazyk: Is this to a date certain on March 27th?
148 February 27, 1997
Ms. Dougherty: March 27th, yes.
Ms. Slazyk: OK.
Ms. Dougherty: Thank you.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-140
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-26
(PROPOSED SECOND READING ORDINANCE TO AMEND ZONING
ORDINANCE 11000 TO PROVIDE FOR DEVELOPMENT BONUSES OF DISTRICT
BOUNDED BY MCFARLANE ROAD, SOUTH BAYSHORE DRIVE, MARY
STREET AND PORTIONS OF GRAND AVENUE) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR MARCH 27, 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
NAYS: None.
ABSENT: Mayor Joe Carollo
--------------------------------------------------------------- ------------------------------------------
53. DENY APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD DECISION WHICH DENIED AN APPLICATION FOR
CERTIFICATE OF APPROPRIATENESS FOR INSTALLATION OF MEDIAN
AND GATES ACROSS DRIVING LANES OF N.E. 55 TERRACE AT
EASTERLY RIGHT-OF-WAY LINE OF NORTH BAYSHORE DRIVE,
WITHIN MORNINGSIDE HISTORIC DISTRICT -- APPLICANT: PUBLIC
WORKS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: PZ-27. It's the appeal of the decision of historic and environmental
board.
Mr. Jack L. Luft (Director, CPR/Community Planning and Revitalization Dept.): OK. PZ-27?
Vice Mayor Regalado: Yeah, 27.
Commissioner Plummer: Yeah, there is a lot of people here to talk on that one.
Mr. Luft: All right, this is an appeal of the Heritage and Environmental and Preservation Board
decision concerning the installation of some gates, so called "boom" gates on 55th Terrace, just
outside of Morningside Park.
149 February 27, 1997
L
Vice Mayor Regalado: Yeah, excuse me. We're going to have several people that will be
addressing the Commission. I see several that opposed the "boom" gates and we need to find out
if we have other people who would favor that, OK? So we might as well have them sworn in.
Commissioner Plummer: All sworn in at one time. Anybody who has got to testify on this item
has got to be sworn in.
Vice Mayor Regalado: You're going to speak, in the back? Yeah, you have to be sworn in.
Commissioner Plummer: Come on up in the first pew, there's no bigger collection in there.
Ms. Judy Clark: Yes.
Commissioner Plummer: Come to the first pew so you don't have to walk so far.
Mr. Luft: This is swearing in, that's all.
Ms. Clark: OK.
Mr. Luft: This is to prove that you're telling the truth.
Vice Mayor Regalado: Can we just do everybody, and you know? Go ahead.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. =10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Regalado: OK, go ahead, Jack.
Mr. Luft: OK. This is an appeal brought forward by the Planning Department. I made the
decision to appeal this in light of the circumstance that arose prior to the Heritage Conservation
Board Hearing. My department had in discussion with advocates of the "boom" gate issue
promised to personally contact a number of people to advise them of the hearing and it was
explained to me that that contact, that information was not given to them. They found out about
the hearing a few hours before hand and felt that they had not had enough notice, they were
suspicious as to why they hadn't been called. I assure you there was no misdoing on our part, it
was at best an oversight. I did not take a position at that time on the "boom" gates but I did say
to spear them the expense of appealing it in as much as I did feel that we had an obligation to
inform them. I went ahead and appealed the decision so we could bring it forward to the
Commission to hopefully resolve this. So, the appeal was in effect a gesture to the proponents to
the "boom" gate to correct what was an oversight, perhaps on our part, on a hearing. Now, what
we're actually discussing here on this particular item is not the existing "boom" gate that is
currently on 55th Terrace. After that was installed there was a question of course, about the
appropriateness of the "boom" gate generally, but there was a concern that perhaps that
particular gate could be redesigned in a more attractive manner and so a redesign, a more
elaborate landscape, and frankly a more expensive "boom" gate was bought to the Heritage
Conservation Board for consideration, and the board turned that down. It was their denial then,
that I appealed to bring it to you. But I would say that the department concurs with the Heritage
Board that a more elaborate, more expensive "boom" gate is not appropriate. We are in effect,
recommending that approval of a new design of the "boom" gate be denied. The fact is, a
"boom" gate is not in the context of the historic standards of that district, an appropriate facility
to put in the public right-of-way. But, this is where as director, I would have to agree with the
proponents of the "boom" gate, there is an overriding issue here, one that transcends in my mind
150 February 27, 1997
the question of esthetics or propriety for the historic district. And that is the question of the
safety and security of residents that are effected by the street end, the entrance to the park and
what occurred over a period of time as a number of unfortunate incidents of people gathering at
that street and engaging in acts that were not appropriate. I have talked to the Police Chief. I
have talked to Assistant Chief Martinez and I have talked to and received a written
correspondence from Lieutenant Aguirre who was stationed in that area. We have received from
the Police Department a list of calls and reports that were filed by the residents attesting to a
number of incidents that have occurred on that street. And Lieutenant Aguirre assured us that in
fact they had had a history of problems from prostitution to soliciting to alleged drug violations,
shooting out of street lights. There were a number of incidents that seemed to be occurring
regularly and on that street thus the "boom" gates were approved by this Commission and in fact
installed by Public Works, a year ago. This came up last August. The "boom" gates were
installed. Unfortunately they were done without going to the HEP (Historical and
Environmental Preservation) Board, the Heritage Board and that was an oversight. Nonetheless,
the "boom" gates have been there for a year, and the tract record as has been explained to me by
the Police Department is that the incidents that preceded the installation of that gate have in fact
diminished. That there are not problems now, and that "boom" gate seems to have served a
purpose. The question now becomes, do we want to replace that gate, unattractive as it is, with a
more elaborate and potentially more esthetic gate? And I would recommend that we not do that.
That's an additional expense and in fact, it's only exacerbating the question of esthetics and
propriety. There is no such thing as a more attractive, appropriate "boom" gate." There is none,
that you can put in that would satisfy the historic standards. However, before we would take
action on the existing "boom" gate" in light of what I believe to be a justification for its existence
given the tract record of problems that have now diminished. I would bring to your attention that
there has been a recent discussion, I believe at the last Commission meeting concerning the
potential installation of guard gates on certain intersections off of Biscayne Boulevard. This is a
greater effort, a larger issue to control, not limit, but to control and monitor access to the
neighborhood. We do not yet know if that initiative to install guard gates will in fact get the
votes necessary from the residents to be installed or not. But I believe that in the coming months
that issue will in fact be put before the residents of Morningside and they'll be given that choice.
What I would suggest of this Commission is that first we would deny this particular request to
change or upgrade the "boom" gates. But that before any additional action was taken to either
remove or to permanently leave the existing "boom" gates that we step back from that issue and
let this question of the guard gates unfold. What I believe would happen if those guard gates
were to be installed in Morningside on Biscayne Boulevard, is that we would see a controlled
point that would discourage the kinds of outside intrusions into that neighborhood that routinely
and habitually go down 55th Terrace and park. And that with the guard gates we may well not
need the "boom" gates at all. Until we know if the guard gates are going in we won't be able to
test that issue.
Commissioner Plummer: And how long will that be?
Mr. Luft: I believe that we're looking at...
Commissioner Plummer: Be conservative.
Mr. Luft: .. a three to four month process.
Commissioner Plummer: No, no.
Mr. Luft: How long is that?
Commissioner Plummer: That's not even reasonable.
151 February 27, 1997
Mr. Luft: There's going...
Commissioner Plummer: It's got to go from us to the County, and then it's got to be installed.
They got to get the money together.
Mr. Luft: Yeah. They got to vote on it.
Commissioner Plummer: I understand that. But, reasonable I think you're looking at a year.
Mr. Luft: OK.
Commissioner Plummer: OK.
Mr. Luft: I believe that there was a serious problem on 55th Terrace. I believe the "boom" gates
have helped with that problem. There is another issue of whether that problem has in fact moved
to another street, another dead end at the bay or not. I am told that there are not reports and that
currently the Police Department doesn't believe that has happened. What I would suggest to you
is that we hold the question of the removal or the permanent insulation of the existing "boom"
gate aside until the guard gate question is resolved. If the guard gates were to go in, I think what
you can do is open those "boom" gates and leave them open and see if the problem reoccurs. I
would suggest that it probably wouldn't. If that's the case and the guard gates are the answer,
then the "boom" gates should come because if they're not solving a problem that no longer exists
then they are inappropriate esthetically and they could be removed. I have had this discussion, I
have explained this position to both sides of the issue and I believe there is a willingness to
consider that position may have some merit.
-- Commissioner Hernandez: Jack? I'm sorry, Vice Mayor?
Mr. Luft: Yes. That's basically where I'm at.
Commissioner Hernandez: Jack if we deny the appeal that you've brought before us?
Mr. Luft: Yes.
Commissioner Hernandez: Meaning...
Mr. Luft: I brought it forward because we didn't communicate to the residents who were
proponents of it at the HEP Board and that was an oversight on my part, and I apologize for that
and rather than charge them the fee to appeal what they felt was an oversight on my part, I went
ahead and appealed it for them to satisfy that issue, so we didn't have that aggravation to deal
with.
Commissioner Hernandez: Now, if we?
Mr. Luft: But I did not promise what the position I would take when I did that.
Commissioner Hernandez: If we go with your recommendation which is to deny the appeal?
Mr. Luft: That would mean the elaborate, more expensive version would not be done.
Commissioner Hernandez: Right, and we still will have the ugly "boom" gates.
Mr. Luft: We will have the existing "boom" gates there, which I would suggest is a temporary
solution until we know whether the guard gates are going in, and if they do, I believe that could
solve the problem. We could end up disposing of the "boom" gate" in that event.
152 February 27, 1997
Commissioner Hernandez: You're saying if we get guard gates then we can leave the "boom"
gate" open or remove it?
Mr. Luft: Leave it open for a few months and see if the problem reoccurs. It seems to have
solved the problem today.
Vice Mayor Regalado: Well, but that's not that simple because there are people right now that
want the "boom" gates" taken out...
Mr. Luft: I know.
Vice Mayor Regalado: .. and they're here. And we don't know when that special election is
going to be held. It probably will take three or four months.
Mr. Luft: That's right.
Vice Mayor Regalado: Can we not take a straw ballot with all the residents on a public meeting
that will be advertised on the site about the "boom" gates? We're going to hear from them
anyway, but I think that that special election would take several months to take place.
Mr. Carlos Smith (Assistant City Manager): Vice Mayor, I understand that special election will
take place some time in September or October of this year.
Commissioner Plummer: Yeah.
Mr. Luft: OK.
Vice Mayor Regalado: Well there is a...
Mr. Patrick McCoy: Can I interject something? My name is Patrick McCoy, I'm with the
Morningside Civic Association, and I live at 679 Northeast 58th Street in the City of Miami.
The special election or the issue of guard gates has a very specific, fixed time line. The County
has informed us most recently, that the special election will take place no later than July 1st. The
dates before the County Commission I understand have been set or will be set very shortly, and I
believe the second reading before this Commission will be sometime in early March. If we don't
make the July 1st deadline then the issue will be dead for this year. And I would suggest that
what Mr. Luft if compromising in mind is a very acceptable compromise because it addressed
the quality and safety of the residents in the area and...
Commissioner Plummer: Not the quality. I can't agree with that on... Those things are
atrocious as far as I'm concerned. I think you can have, if you wanted, "boom" gates but not that
look like that, not for that area.
Mr. McCoy: But, Mr. Plummer, certainly you could not argue with the statistics that come from
the Police Department.
Commissioner Plummer: Oh, I'm not arguing with that, but you see you're trying to interject
here a criminal problem with a zoning problem. Now, if you want you can find fault with the
Police Department for not enforcing the same problem at every road that ends at the bay, it's
lovers lane. And, if you want that to stop in that area then you make it a police problem of
violating whatever the end of the earth is. Now, I think that if you wanted to have a "boom" gate
that's one thing. But I don't think that it's eventually going to be necessary because I think the
people up there are going to vote for the guard gates, they want it. I supported it and I hope that
153 February 27, 1997
1—
they get it. But I think in the interim that if you don't get this thing by September that means
another year, and another hearing before us. So...
Mr. McCoy: Well why? We don't have to accept that kind of ambiguous time line. I mean we
can determine today, for instance what's an acceptable time line. I think, I understand your
academic concerns about who's response for what? But I am a resident of this City. I live in the
neighborhood of Morningside. I am a taxpayer and I participate in the politics of this City
because I have concerns. And one of the real concerns we have is crime. And all we're asking
for is the right to help ourselves and to help the Police Department. They've been very, very
cooperative and helpful in this matter. And nobody will disagree with your concerns about how
ugly it looks. I will be the first to tell you it's less than appealing. But in my mind as a resident,
there is a much bigger issue here and it's safety. And this is not something, this is not a terminal
illness, this ugliness. We're talking about, according to Mr. Luft's proposed compromise, there
is a definite time line. If the guard gate proposal is not determined by the community to be
something they want they I totally agree with the compromise and the "boom" gates have to be
addressed again, before this Commission.
Vice Mayor Regalado: Good. We'll get back to you. We have people here who want to address
the Commission in terms of the "boom" gate. Could you?
Ms. Lourdes Y. Slazyk (Deputy Director, CPR/Community Planning and Revitalization Dept.):
Excuse me, but you need to get your comments on record if you don't mind, so we have them for
the record? Thank you.
Vice Mayor Regalado: Yes, we need you to go the mike and go to the podium and speak. Your
name?
Ms. Judy Clark: Sure. Here you go. Let's see. Hi, my name is Judy Clark, I live at 5930 North
Bayshore Drive in Morningside..The way I see the "boom" gates is that they have, they were put
there as a solution, and to me they've become a solution that is more like a problem. It isn't so
much that, that the gates themselves, outside the fact that they look so ugly, that the gates
themselves are there or that they're here to help some of the neighbors that perceive that they
have a crime problem. The problem with the "boom" gates is every other street that has a crime
problem or a perceived crime problem in the City of Miami. There are thousands of cul-de-sac
all over Miami that would like to have these "boom" gates. How many four thousand dollars
($4,000) does the.City want to spend to put "boom" gates everywhere. The idea that we have
crime on this street and that it's been... Jack believes we have crime and Patrick believes we
have rime. The police have reported some crime. To the best of my knowledge and what I was
told by Lieutenant Aguirre is there has not been any arrests for drug dealing and prostitution.
There's been some illegal dumping, the street lights were shot out, and there are lovers on that
corner. But as far as any really serious crime we could be talking about 52nd Street. We could
be talking about a street in Overtown, a cul-de-sac in Overtown that has some serious problems
with arrests, reports, shootings, etcetera, etcetera. Are you going to put a "boom" gate on their
corner? So to me, it isn't so much that I oppose any kind of gate or people protecting
themselves. I believe what's happened here, instead a solution was devised without a lot of
research perhaps. I think there are other kinds of solutions. There are a number of different
alternatives to even the barricades that have suggested now for our neighborhood. There's
traffic calming measures, there's small medians, there's curves in the road, there's cobblestones.
There's a number of places to go, a number of research already done. You could devise a
solution that would not be so far reaching and so dramatic as a "boom" gate that you would end
up as bad precedent and having to put on every corner where there is crime. I just can't see how
you can leave something like that in place for any length of time waiting to see... This is another
fallacy to me, this part here. This part says, let's leave the "boom" gates until the neighborhood
decides if it wants to barricade itself. If the neighborhood decides it does want to barricade
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itself, we won't need the "boom" gates. If the neighborhood decides it does not want to
barricade itself, why do we have a "boom" gate? We have decided that's not what we want. So
the issue becomes the mood to me, for this particular occasion. Quite frankly, I have never seen
any of the arrests or any record or any documentation of any of this massive crime. I know there
is a list of call outs. I understand that last year there was something like 400 call outs. There
were 15 arrests in our neighborhood last year, for the whole year. And as far as I know, none of
them were for prostitution or for drug dealing. So the question now becomes do we have a really
serious crime problem? Is it more serious than on the other side of the Boulevard? Is it more
serious than Overtown? I don't think so. I think what you have is a solution that is really a very,
very bad precedent and really a bad problem in and of itself. There are some people here who
could talk to you about their own problems in their own neighborhood, the idea that they are at
least as deserving as the Morningside or 55th Terrace. At least as deserving at that, perhaps
more so. I think you have to look at the greater picture and try to try to devise a solution that
works for all of Miami to keep the expenses down, to keep these kinds of precedence from being
set, devise a solution that would actually work. There is a greater picture. You also have to
address to me, the expense of such a thing. There is in fact, the process that I just mentioned, the
process that we're going through which are very strict requirements and criteria required by the
County in order to put. up "boom" gates that includes a vote. I don't think a vote on these
"boom" gates is any kind of a necessity. Anybody that looks at them is going to vote against
them. As far as the safety is concerned, let's find a way to resolve some of the safety problems,
not just in our neighborhood. As Commissioners, you have to devise a solution for all the cul-
de-sac in the City of Miami. You can't just devise a solution for one. If it works for us it must
work for everybody. Yeah, 4,000 of these things around. You have to think in terms of the
public's right to this particular street. It is a public street, and I think you have to also consider
the personnel. The Police Department now opens and closes these gates, and I think that this is
also an issue. Some of the people from my neighborhood would also like to speak and some of
the people from our adjoining neighborhood which is on the west side of the Boulevard who
have some serious problems with their cul-de-sac that end at the Little, River canal. I gave you
their photographs, they're here tonight and they'd also like to speak to you. Mr. Willitts would
like to tell you a brief history of how this gate came to be.
Vice Mayor Regalado: OK, go ahead. We're going to have to be brief.
Ms. Clark: Excuse, me. I respectfully request that you remove this gate within the next 60 days.
Thank you very much.
Vice Mayor Regalado: You're welcome.
Mr. McCoy: Can I address any of those things that she brought up?
Vice Mayor Regalado: Yeah. Why don't you wait, we'll hear him and then... Do you have
anybody else?
Mr. McCoy: Yes, actually there are people from 55th Terrace.
Vice Mayor Regalado: OK, OK.
Mr. McCoy: The area that is directly impacted.
Vice Mayor Regalado: Go ahead.
Commissioner Plummer: You know, Mr. Vice Mayor, we normally hear from the applicants in
total, then we hear from the opponents in total and then we give a few moments of rebuttal to the
applicants.
155 February 27, 1997
Vice Mayor Regalado: OK.
Commissioner Plummer: In this particular case the applicant is the City, so I don't know where
you go from here. -It will be on this side, OK?
Vice Mayor Regalado: We got, no we got three sides actually.
Commissioner Plummer: Well, not really. You can't have a triangle.
Vice Mayor Regalado: Well, just go ahead and say your case, and then we hear, and then we'll
hear from Jack.
Mr. Gordon Willitts: Good evening. My name is Gordon Willitts, I live at 411 Northeast 52nd
Street and I served on the board at Morningside Civic when this issue came up. And I really
think that you need to have just a short history of what happened with these gates. After the
gates were installed, there were complaints. And reading from the minutes of August 27th "the
new Morningside Park entrance gates were discussed. Most people felt that the gates were
installed rather quickly by the Parks Department without any notice to the neighbors. No one
knew of any open forum for discussing the plans or design for the gates prior to their installation.
Many people felt that the gate was too far away from the curb and had other design and esthetic
shortcomings. Bill Hopper volunteered to approach Sarah Eaton about the problems presented
by the insulation of the gates without any apparent input by the City preservation officer on the
issue of function or esthetics. The grouped nominated Bill Hopper as informal spokesman to
Sarah Eaton about the gate." After this meeting, Ms. Eaton was contacted and set up a HEP
-board meeting for September the 17th. On September 17th this was heard before the HEP Board
and gentlemen, one thing that I would like to make clear is that at the September 17th meeting
the present "boom" gate was denied and it was asked to be denied by Morningside Civic, through
Bill Hopper and through Sarah Eaton. Reading from your analysis sheet it says, on September
17th, '96, when the application was presented to the board, the board decided the application,
this is the original "boom" gate after finding that the gates were inconsistent with the historic and
architectural character of the Morningside historic district.
Vice Mayor Regalado: Excuse, me. I have to tell you that we're going to have to be brief...
Mr. Willitts: OK.
Vice Mayor Regalado: .. because we've got several people that do want to speak on the issue.
You have 30 seconds.
Mr. Willitts: What? Well, the other thing that hasn't been brought up is that no one asked for
the exact amount that this was going to cost. I contacted Mr. Kay, he said that the present
"boom" gate costs the City two thousand four hundred dollars ($2,400). That the improvements
would be on another, I mean another four thousand one hundred and fifty dollars ($4,150). And
the last thing I would like to read from Mr. Kay is, the above items are estimates only and the
prices will vary. It should be noted that the relocation of the sign and additional landscaping as
suggested by the Morningside will place additional obstruction to the Northeast 55th Terrace
Bay Vista.
Vice Mayor Regalado: Thank you.
Mr. Willitts: And also gentlemen, I think that this sets a bad precedence and that the original
hearing officer for the original "boom" gate deemed that it should be removed and I respectfully
ask that it be removed.
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Vice Mayor Regalado: OK, I think that we have heard the position of the people that want the
gates removed right now. Is that correct? You still want to speak, OK. So, we're going to go
ahead and have you address the Commission and then we go back to them and then the City will
state and the Commission will say their will. How many more do you have? You've got three.
Two, go ahead one of you.
Mr. William Robinson: We'll like for you to look at the pictures. My name is William
Robinson, I live at 498 Northeast 78th Street. We would like for you to look at the pictures of
Northeast 78th Street and 5th Avenue. I live in the area of Naturalization and Immigration
Offices. Our neighborhood has been rather quite up until the past year. There are a large
number of people seeking citizenship here and there are crack addicts trying to profit from these
peoples needs. These people are posing as authorized parking attendants, bringing all sorts of
crime into our area where we live. They charge five dollars ($5) to park on public streets. We,
in our community would like to have some type of "boom" gate at the dead end of Northeast 5th
Avenue and 78th Street so as to stop these criminals of taking advantage of our neighborhoods
and taking advantage of people seeking citizenship in this country. The police have been making
arrests but you do more undercover work. We have a bad trash problem also at the dead end of
Northeast 5th Avenue and the canal where the street ends. I understand Morningside has a
"boom" gate installed to prevent dumping and illegal activity. I am requesting the same
protection for my neighborhood. Thank you.
Vice Mayor Regalado: Thank you. Last.
Mr. Earle Loomis: My name is Earl Loomis and I live at 7715 Northeast 5th Avenue. I am at
the end of a dead end street that ends right at the Little River canal. In the five years I have been
there I've witnessed numerous criminal acts, I have been shot at twice in front of my own house,
prostitution, drug dealing, trying to run these people out of here. I haven't had too much
cooperation from the law enforcement and what I am asking for is some type of, maybe a
physical barrier to help restrict the access to vehicular traffic. Basically, we just need some help.
The residents really want some help for the area.
Commissioner Plummer: What street are you on?
Mr. Loomis: Northeast 5th Avenue...
Commissioner Plummer: And?
Mr. Loomis: .. 77th Street. South side of Little River canal.
Commissioner Plummer: You're 20 blocks north of here.
Unidentified Speaker: Little River...
Mr. Loomis: Yeah. What I'm asking for is some type of restriction...
Commissioner Gort: They want some kind of restriction in their neighborhood.
Mr. Loomis: In other words, if you put... I have all the kinds of problems that you've described
in the other end of town.
Commissioner Plummer: Well, I hear what you're saying but we're far afield of the issue
before, that's the point.
157 February 27, 1997
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Vice Mayor Regalado: The last two, J.L... OK, J.L. what they're saying is that now everybody
wants a "boom" gate.
Commissioner Plummer: I hear exactly. But we're getting far afield.
Vice Mayor Regalado: I know, I know we are.
Mr. Loomis: It's the same area off the Boulevard. Thank you.
Commissioner Plummer: And he wants a "boom" gate let him make an application before the
City, and we'll consider it.
Vice Mayor Regalado: Right, OK. Now, it's your turn.
Mr. Jim Kay: Thank you Commissioner. I just want to respond to a couple of things that were
said. A letter was written by Lieutenant Aguirre our NET (Neighborhood Enhancement Teams)
Commander for the Upper Eastside, dated February 19th, it's addressed to Dear Ms. Clark. " I
want to thank you first." I'll forego the pleasantries. The heart of the matter is this. The crime
concerns expressed by a majority of the property owners were regarding unsafe conditions and
illegal activities occurring within this right-of-way. We're talking about 100 to 150 feet of
paved road which is not bared from pedestrians. All we do is stop, would like to stop vehicles
loitering there at night. To be more specific, there were allegations of prostitutions at night,
illegal dumping of trash and park lights being shot our numerous times. The file reflects several
requests for additional coverage in the area regarding prostitution and a request to FPL (Florida
Power and Light) for high impact shields for the lights. After the metal gate was installed in
July, 1996 the incidents regarding illegal dumping and the lights being shot out have stopped.
We still maintain a standing watch order regarding prostitution in the area. I am enclosing also
for your review, a list of all the calls for that particular area. And as Ms. Clark mentioned there
were 400 calls. That's a letter that was written to Ms. Clark from Lieutenant Aguirre, July 9th or
correction February 19th. Quickly sir, if I could?- I want to address the following. If in fact
money is a concern the existing "boom" gates are in place. It's going to cost you more money to
take the "boom" gates out than it is to leave the "boom" gates in place. Further more, Mr. Luft's
compromise does not include any more spending. He is saying allow a bridge to take place. Let
the existing "boom" gate stay in place until the guard gate is resolved either way. As far as... I
mentioned about the pedestrian traffic, where our interest is in keeping the loitering cars out and
as Lieutenant Aguirre has already said in his letter, the other illegal activities. As far as Ms.
Clark's concern about closing the gate, Lieutenant Aguirre is our NET Commander, there is
perfect cooperation between our NET district and the community in terms of closing those
"boom" gates. The close the "boom" gates when they close the park gates. Sometimes they have
calls of service that take precedence over closing the park and the "boom" gates. It's perfectly
understood by both parties and it's perfectly acceptable. .
Vice Mayor Regalado: If I may? You said that by July, there could be an election where you
will be deciding whether or not you're going to do the guard houses, right?
Mr. Kay: Yes, sir.
Vice Mayor Regalado: They want the "boom" gates removed within 90 days.
Ms. Clark: Tomorrow, would be good.
Vice Mayor Regalado: Well tomorrow, I know, but I mean...
Ms. Clark: A time specific would be acceptable.
158 February 27, 1997
Vice Mayor Regalado: You said in the next 90 days.
Ms. Clark: Pardon me. I asked...
Vice Mayor Regalado: Election is going to take place in July. What is the recommendation of
the... Commissioner Gort.
Commissioner Gort: Let me ask you a question, in looking at the questions you brought to me,
and correct me if I am wrong. Staff, I want somebody from staff to be able to answer this
question.
Vice Mayor Regalado: OK.
Commissioner Gort: I understand what you're addressing about the cul-de-sac in the different
places. My question is, with the "boom" gates established, who owns the property east of the
"boom" gate to the north and to the south?
Mr. McCoy: I can answer that question.
Commissioner Plummer: Well, to the south there is a park.
Commissioner Gort: Excuse me.
Mr. Kay: Yeah, on the existing "boom" gate on Northeast 55th Terrace...
Commissioner Gort: Fifty-five Terrace, correct.
Mr. Kay: OK, the private property to the north is privately owned by an individual. I don't
know the name. The property to the south is owned by the City of Miami, Morningside Park.
Commissioner Gort: By the Parks Department. Question. Does the property owner on the north
side of the road have to go through there in order to go to his property?
Mr. Kay: No. He does not.
Commissioner Gort: OK. Now you look at the other cul-de-sac, people know that you can't put
a "boom" gate in there because people cannot go to their houses. So it's differences with...
Unidentified Speaker: He lives there.
Commissioner. Gort: You live on 55th Street?
Unidentified Speaker: No.
Commissioner Gort: Well, I'm addressing 55th people, then we go to 77th, and we go to 78th.
I'm addressing 55th right now. The reason I'm bring this up is because this is a lot different than
all the other streets. I personally, one thing I told both parties - wait a minute, don't shake your
head, let me finish and then I'll listen to you very careful. Now, I was very patient in listening to
your argument. Now, please at least listen to my.argument. I'm a great believer and I've told
you and I tell everyone to do what the majority of the people wants in that neighborhood. My
understanding is a vote is going to be taking place July the 1st. I'm willing to go with staff
recommendations because that's the way I feel about it, and looking at the pictures you gave me.
159 February 27, 1997
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Mr. McCoy: Commissioner, if I could just add to that. I have a petition that was only started
yesterday, that has 70 signatures in favor of the existing "boom" gates. This is- a very important
issue to a lot of people in this neighborhood.
Vice Mayor Regalado: Well, is there a motion to vote?
Commissioner Gort: I do have a question. I do have a question. What is the procedure to
establish this gate and how do we go about establishing this one gate?
Mr. Kay: This particular gate here, •how to establish it?
Commissioner Gort: Yes.
Mr. Kay: OK, to establish this gate right now the... I know it's a little bit confusing because the
HEP board actually turned down this gate. It would have to be appealed to this Commission and
that decision would have to be overturned by appeal.
Commissioner Plummer: By who?
Mr. Kay: By the• City Commission.
Commissioner Gort: My question originally is, there is a procedure set up by the City of Miami
to establish this? Am I correct?
Mr. Kay: To establish a "boom" gate anywhere in the City?
Commissioner Gort: A "boom" gate, anywhere?
Mr. Kay: Yes, there is, there is. It's...
Commissioner Gort: OK, how did we go about this one?
Mr. Kay: How did we go about this one? We did this about a year ago.
Commissioner Gort: Yeah, did we pull the permit and we did whatever was needed to be done?
Mr. Kay: Right. We did set a public hearing.
Vice Mayor Regalado: It was approved by the Commission, Commissioner Gort.
Mr. Kay: It was approved by the Commission at a public hearing.
Commissioner Gort: It was approved by us.
Vice Mayor Gort: Yeah, it was approved by the Commission.
Mr. Kay: There was no mail out on it but it was done by an advertised public hearing.
Commissioner Gort: OK, when was that in front of us?
Mr. Kay: Oh, it was about a year ago I would say.
Commissioner Gort: How long ago?
160 February 27, 1997
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Mr. Kay: About a year ago.
Commissioner Gort: OK.
Vice Mayor Regalado: All right...
Commissioner Plummer: Well, I have the right to have a conversed opinion. And let me tell
you what my opinion simply is. If in fact your concern is the so called "criminal activity" and
that seems to be the main trust, you are still going to have criminal activity and all you're doing
is moving it from one street to another because it's going to exist, OK? So what you're saying
is, don't put it in my backyard, put it in somebody else's backyard. Now, I just think that it's
unfair to have an ugly gate there to push the crime into somebody else's backyard. I think that
eventually, you're going to have the guard gates at Biscayne Boulevard. It will be respectful like
it is for the area and then everybody will share if there is a problem because the entire area will
share, not just one street. I just think these gates are atrocious. We have the same scenario down
here at Kennedy Park. You can close off the park, and if there is a problem, then let's tell the
Police Department, go do your job. And your job is to make sure that the criminal activity does
not exist unreasonably in that particular area. So, that's my personal opinion. I just wish that the
vote for the guard gates would have come up sooner and we wouldn't have been in this mess that
we're in here today.
Ms. Mary Foehrenbach: Commissioner Plummer, I am Mary Foehrenbach and I live at 656
Northeast 55th Terrace, approximately 300 feet from the "boom" gates. I've lived there for 29
years. I would like to tell you that this street is unique and the Morningside streets it has more
crime than the other streets. You can document this with the police records. That is because of
the entrance to the park.
Commissioner Plummer: Ma'am but there's no argument there. But if there is a crime problem
then address it from a police standpoint, not from a zoning standpoint. That's my point.
Mr. Foehrenbach: I would like to tell you what has been done through the years.
Commissioner Plummer: Sure they don't do the work.
Ms. Foehrenbach: It was an open street, you had a clear of the bay, 29 years ago. About 20
years ago, somebody got the idea that if we planted palm trees and put in asphalts we would do
away with the nighttime parking. It didn't work. Then somebody got the idea if we put in street
lights that they wouldn't park under the street lights. At that point, we had a street with conduits
(phonetic). That didn't work, the lights were shot out. Now, we have the "boom" gates which is
the most effective thing that we've had so far. People heard that the was a petition for them
and they called me, where can we sign the petition? Therefore, I am asking you, until we get this
vote in July, could be please go on with the demonstration? This so far has proved to be the
most effective thing for us. We don't want anybody in our neighborhood to have crime but we
have more than our fair share of it on our street. So, all I ask is that you give consideration to
this until the July vote.
[At this point at 6:08 p.m., Mayor Carollo entered the City Commission meeting.)
Commissioner Hernandez: Mr. Mayor, Mr. Vice Mayor.
Vice Mayor Regalado: Go ahead, Commissioner.
Commissioner Hernandez: It's my position and I'd like to make a motion at this point in time. I
want to go ahead with the recommendation of the administration to deny the appeal leaving the
161 February 27, 1997
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"boom" gates A they are until the election, whether they decide they want guard gates or not.
Basically that's it.
Mayor Carollo: OK, there's a motion.
Ms. Clark: What is the time specific that you're talking about?
Vice Mayor Regalado: July.
Ms. Clark: If the vote is not taken by July, will the guard gates remain or will they be removed,
or we're going to have to come down here and talk to you again?
Vice Mayor Regalado: We will take that issue then, in July.
Ms. Clark: All right, wait one second. The only other thing that has happened here, is that a
person from 57th Street... Just hang on, Jack. Fifty-ninth Street has already requested the
"boom" gate, all right. I came here and talked to the HEP board, the last time because I didn't
want to... I didn't... I... because the guy, excuse me. The masturbator that used to come down
to 55th Terrace comes up to 59th Street now. The person on 59th Street has requested "boom"
gates. Can we get those prior to July?
Commissioner Plummer: I don't know why not.
Commissioner Gort: Why not, they will have to have to go through the procedure.
Ms. Clark: Why not, and Jack has already said that he. would recommend for any other street
:that wants them to get them.
Mr. Luft: No.
Ms. Clark: That you would not oppose it, you told me that. You said that it on 57th and 59th
Street, you told me that.
Commissioner Plummer: How do you deny? If you put 'em on one, how do you deny the other?
Commissioner Gort: I would like to second the motion and for the sake of discussion let's get
this straight. One of the reasons we sit here is because we have to look at each one of the
subjects that comes in front of us. If the situation on 57th Street is the same on 55, I don't have
any problem. The reason being, and please someone in staff correct me, and your pictures are
the ones that showed me all that, plus I went over there. If you look at the "boom" gate where it
was placed, you got about 150 feet of open area where there is no neighbors or anyone around
that can call the police on any of the events that are taking place in there. Am I correct?
Commissioner Plummer: Only on the north side.
Mr. Kay: Uh-huh. That's correct, you're pretty isolated down there.
Commissioner Gort: Now, the other streets, do they have the same criteria? Do they have 150
feet of vacant...
Commissioner Plummer: Yeah, lot.
Commissioner Gort: .. lot on both sides?
162 February 27, 1997
Commissioner Plummer: Approximate.
Commissioner Gort: Vacant on both sides.
Mr. McCoy: There are homes on both sides and both sides of the street are lit up. And there is
no evidence whatsoever from the Miami Police Department that there has been any increase in
crime whatsoever. That's a fact.
Commissioner Hernandez: We got a motion.
Mayor Carollo: There's a motion, is there a second?
Commissioner Gort: There is a motion, there is a second.
Mayor Carollo: Can you call the roll, please?
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Plummer: I vote no.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO.97-141
A RESOLUTION A RESOLUTION DENYING THE APPEAL OF THE
DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION AND
AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD, WHICH DENIED A CERTIFICATE OF
APPROPRIATENESS FOR THE INSTALLATION OF A MEDIAN AND GATES
ACROSS THE DRIVING LANES OF NORTHEAST 55TH TERRACE AT THE
EASTERLY RIGHT-OF-WAY LINE OF NORTH BAYSHORE DRIVE, WITHIN THE
MORNINGSIDE HISTORIC DISTRICT, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: Commissioner J.L. Plummer, Jr.
ABSENT: None.
Mayor Carollo: PZ-28, withdrawn.
IN
163 February 27, 1997
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54. (A) CONTINUE TO MEETING OF MARCH 27, 1997 CONSIDERATION
OF AGENDA ITEM PZ4 (OFFICIAL VACATION AND CLOSURE
OF A PUBLIC RIGHT-OF-WAY, BEING A PORTION OF N.E.
BAYSHORE COURT BETWEEN N.E. 13TH AND 14TH STREETS
AND A PORTION OF N.E. 14TH STREET BETWEEN N.
BAYSHORE DRIVE AND N.E. BAYSHORE COURT AND
SEVERAL EASEMENTS, WITHIN PROPOSED PLAT --
APPLICANT: KNIGHT RIDDER NEWSPAPER, INC.) -- SEE
LABELS 31 / 51.
(B) COMMENTS BY VICE MAYOR REGALADO REGARDING NET
CHANNEL 9 BEING OFF THE AIR FOR PORTIONS OF CITY
COMMISSION MEETING.
Commissioner Plummer: Did we do 26?
Mayor Carollo: We got to go back to 26.
Commissioner Plummer: We got to go back to 26.
Vice Mayor Regalado: Twenty-five, we've got to go back to...
Mayor Carollo: Which one do we need to back to?
Commissioner Plummer: Good luck on your guard gates.
Mayor Carollo: OK, let's go back to...
Vice Mayor Regalado: Twenty-five. We got to go back to 25, we were waiting for you.
Mayor Carollo: Let's go back to twenty-five. I appreciate it.
Commissioner Plummer: Which one are we doing now?
Commissioner Hernandez: Twenty-five.
Mayor Carollo: Twenty-five.
Commissioner Plummer: Twenty-five? Oh.
Vice Mayor Regalado: We, Mr. Mayor we need to go to PZ-4 to... right?
Mayor Carollo: PZ?
Vice Mayor Regalado: We need to go to PZ-4 and PZ-25. PZ-4 was delayed. That's Knight
Ridder and PZ-25-is... No, PZ-25 is the Mutiny issue and...
Commissioner Plummer: That's that two million dollars ($2,000,0000) piece of property on
Bayshore Drive.
164 February 27, 1997
Vice Mayor Regalado: You mean that's the Herald thing?
Ms. Adrienne Pardo: Hi, my name is Adrienne Pardo with law offices at 1221 Brickell Avenue.
With regard to PZ-4, I haven't been able to speak with my client concerning this. However, due
to the philanthropic nature of my client I do believe upon approval of the street closure, upon
approval of the street closure...
Commissioner Plummer: Ho, ho, ho. You said that with a straight face.
Ms. Pardo: .. they would make a five thousand dollars ($5,000) donation to either St. Alban's
Day Care which is an underprivileged day care in the Grove or to the area of the Douglas Dixie
Park as the Commission would see fit. And of course, that would be payable at the time of
recording of the plat.
Vice Mayor Regalado: Excellent. (phonetic)
Ms. Pardo: And I just would like to add on the record that they have made a substantial donation
to this community on the four point five acre track. And I did add it up at fifty dollars ($50) a
square foot that you were adding up the street closure. That comes out to a donation of nine
million eight hundred and one thousand dollars ($9,801,000), zero cents.
Commissioner Plummer: We want you to know how much we appreciate that.
Ms. Pardo: So that was a... quite substantial I thought, donation on their part.
Commissioner Plummer: Mr. .Mayor let's get it out, OK? Let's get it over with, you know, we
understand the name of the game and I don't know how we're going to do anything else. I'll
make a motion to accept the five thousand dollars ($5,000) for St. Alban's. I don't know what
else you're going to do? We could turn it down, that's the only other alternative.
Commissioner Gort: I'll tell you what. Like I've stated before and I'll second the motion. The
reason being that I second the motion, I think the donation that was given to them in order to
create a performing arts center, which is a major donation, created a hardship for them. I think
that another thing that we've got to look at, my understanding is from the tables that the numbers
that I figured out, they'll be paying an additional twenty-two thousand dollars ($22,000) in taxes
a year.
Commissioner Plummer: They don't pay that much now.
Commissioner Gort: And for that reason, I'll second the motion.
Mayor Carollo: And what are we getting from Anthony Abraham? We'll probably get five
dollars ($5) contribution from him.
Commissioner Plummer: No, but I would hope that you'd get.. you know...
Commissioner Gort: But seriously Mr. Mayor, what I would like to see from Anthony Abraham
is getting the expert to come in and help us in the consultantship of establishing a fleet
maintenance.
Commissioner Plummer: Well, you know, look, let's admit the truth. I would love to get ten
percent, and I think the City is entitled to ten percent. But we have to understand the law and
that is, this is voluntarily. And if they don't volunteer it we only have one alternative and that is
to turn it down.
165 February 27, 1997
Commissioner Hernandez: What's ten percent?
Commissioner Plummer: What?
Commissioner Hernandez: What's ten percent?
Commissioner Plummer: Ten percent would be one hundred and eighty-nine thousand dollars
($189,000), OK. Now they've got to do it voluntarily. They are only volunteering as I hear it,
for five thousand dollars ($5,000). So you either accept that or you can defer it or you can deny
it. I mean, you know, what do you want to do?
Mayor Carollo: I would like to defer it.
Commissioner Plummer: OK, fine. Defer it.
Commissioner Hernandez: I second deferring.
Commissioner Plummer: Fine.
Commissioner Hernandez: There is a motion. There was a motion on the... a motion and a
second so we got to do a substitute.
Mayor Carollo: This is a substitute motion to defer it.
Commissioner Plummer::, That's fine, I withdraw my motion.
Commissioner Hernandez: I second.
Mr. Carlos Smith (Assistant City Manager/Building And Zoning Dept.): Mr. Mayor, is that for
the next meeting?
Mayor Carollo: 'till the next meeting.
Commissioner Plummer: If they find out what ten percent means.
Commissioner Hernandez: Do we vote on hit or...
Vice Mayor Regalado:: Why, excuse me, I wasn't here. Why do they want this street closed, for
what purpose?
Ms. Pardo: The Miami, well Knight Ridder is donating four point five acres of land to the
Performing Art Center and that is currently where they have the employee parking. Because
they're donating that land, they need to provide their required parking for their employees
elsewhere and they're requesting the street closure which isn't used currently as a street for those
purposes. Like I had said, that four point five acres, if you calculate at the fifty dollars ($50) a
square foot comes out to over nine million dollars ($9,000,000) donation on their part. Plus as
Commissioner Gort had said, the City will be getting approximately twenty-two thousand extra
dollars in taxes. I think somebody had mentioned that earlier from the Public Works Department
which the City will be getting. Plus you won't also, you will not have the maintenance
requirements of that street any longer. That would.be Knight Ridder's responsibility.
Vice Mayor Regalado: Excuse me, Commissioner Plummer says that there is going to be about
one hundred and eighty thousand dollars ($180,000)...
166 February 27, 1997
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Commissioner Plummer: Well, that would be ten percent and that's usually what people have
volunteered in the past. You know, what we're not saying here is that...
Vice Mayor Regalado: Well, well, but...
Commissioner Plummer: .. they get a hell of a right off here for nine million dollars
($9,000,000) worth of property.
Vice Mayor Regalado: You see, papers and TV stations and radio stations do something that
The Miami Herald does all the time, which is barter. And, why can't they pay us the ten percent
with advertising? I mean the City pays The Herald a lot of money to advertise official events.
You don't want to do that? OK.
Ms. Lucia Dougherty: Well... It's a mistake.
Vice Mayor Regalado: It's not a mistake, it's a custom that...
Ms. Dougherty: No one has ever paid more than five thousand...
Commissioner Plummer: Call the roll, we're not going to settle this today.
Vice Mayor Regalado: Oh, well, I mean, you know I'm talking if you wanted to voluntarily pay.
Ms. Pardo: Could... I just like to say. I have seen many other cases, I've been before this
-Commission.and I've seen many other cases where there have been street closures. And in all
those cases I've seen, one, there has never been a donation on the owner's part that has required
that they go before, for this street closure as you have in this case, and in those cases they've
given approximately five thousand dollars ($5,000) or less. So we think in this case, that due to
the philanthropic nature that The Herald would give a five thousand donation. They would be
considering St. Alban's which somebody had mentioned earlier, which is an underprivilege
childcare center in the Grove that the City used to give money to apparently, but because due to
the budget cuts you haven't been able to.
Mayor Carollo: Well, can we put a covenant with that property that once that's sold in the
future, whenever The Herald, Knight Ridder rather, sells it in the future, that either that property
reverts back to the City or we get the percentage of what that property then would be worth, that
they would get for it.
Ms. Pardo: Yeah. Definitely have to...
Commissioner Hernandez: When would you start paying taxes? When would you start paying
the twenty-two thousand dollars ($22,000) to the City?
Commissioner Plummer: You're not sure that's what it is.
Commissioner Hernandez; Well, whatever.
Ms. Dougherty: The taxes would be due and owing immediately upon filing the plat.
Mayor Carollo: You know and this is really something that we ought to start looking at with all
the properties
Commissioner Plummer: Of course.
167 February 27, 1997
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Mayor Carollo: You know in this case, I understand they've given a tremendous amount of
contribution to the Performance Arts Center but you know the Performance Arts Center is for all
Dade County. What's the new word Greater Miami and the Beaches?
Commissioner Hernandez: Yeah.
Mayor Carollo: .. You know, and the City of Miami is the one that keeps carrying the water for
so many people. I don't see some other donations the County has made in other ways. You
know Lucia, if the numbers of fifty dollars ($50) per square foot is correct, on the amount of
square feet that we're given. First of all, I do not ever recollect giving an approximate three
quarters of an acre of land in street closures like this to anyone. At least not in the last couple of
decades that I could remember. If the fifty dollar ($50) figure is correct, you're looking at close
to 1.9 million dollar, one million nine hundred thousand dollars ($1,900,000) that's the value,
market value of the property. Now, you know, I don't want to be a spoiler and I don't want to be
in the way of going against anyone. But, you know, darn it, I may not be the brightest business
person. I don't have my face in the cover of times because of my business ability. But I assure
you, I'm certainly not an idiot in business either.
Ms. Dougherty: No, if you don't, you will have I am sure.
Mayor Carollo: Yeah, five thousand dollars ($5,000) for three quarters of an acre of land that's
worth about 1.9 million dollars, one million nine hundred thousand ($1,900,000). You know
it's...
Ms. Dougherty:. Mr. Mayor, if I could just?
Mayor Carollo: You know, then, how can I ask anyone else if they want to volunteer anything
for any other properties?
Ms. Dougherty: Well, if I could just make one comment about that. Remember, the City has an
easement on this property. The City doesn't own this property in fee simple title. They have an
easement over the Herald's property. The Herald owns to the center line of the road to over
which you simply have an easement for roadway purposes, which is why you can't build on it,
for example. You can't build on that property so therefore to equate a value of fifty dollars ($50)
a. square foot for this property versus what they're donating to the public of fee simple title
property on Biscayne Boulevard, is I mean, you can't even equate it at fifty dollars ($50) a
square foot. And I just want to point out something else to you. You have required us to provide
something like 1,700 parking spaces for The Miami Herald building. Now, for us to donate this
property you're making us come out of conformance in our parking, which is the only reason
we're asking for this vacation at this time. So that we can comply with your parking
requirements which you imposed upon us by covenant. So, we have not donated the property as
of yet to the Performing Arts, it's our commitment to do so. It's something that we want to do.
Mayor Carollo: But, the parking requirements are City code, are they not?
Ms. Dougherty: No, they're over and above the City code.
Mayor Carollo: They're over and above the City code.
Ms. Dougherty: That's right. So, this is something you all required us to do, by covenant, which
Nye agreed to do. But now, what's happening is you are forcing us to go out of conformance with
something that we promised to do because of our generosity of giving an entire block, on
Biscayne Boulevard to the public in a sense. And, I want to remember, I want you to remind, I
know you were here on the Commission at the time...
168 February 27, 1997
Mayor Carollo: No, I was not.
Ms. Dougherty: .. that the Miami Beach really fought hard to get this Performing Arts Center on
the Beach. And the City of Miami, and I know J.L., you were involved and Cesar Odio.
Everybody went down there and begged, persuaded and plotted and made everybody try the
hardest to get this in the City of Miami and in this redevelopment area. And it's going to sperm
redevelopment in this area and downtown Miami'and the Omni. It's something the City
desperately needs and wants. The Miami Herald is willing to contribute to do so and at this
point, I think that this kind of contribution is something that is worthy. And I know that they
would want to give this contribution and I'd only hope that you would not ask us to go out of
conformance of their zoning ordinances.
Mayor Carollo: Well, I think, Lucia, there is .more of a middle ground that could be reached and
I stand by my motion of deferment. You know, we're not going to stop progress, we're not
going to stop this project. We're not ungrateful but at the same time, you know, we're not stupid
business people.
Ms. Dougherty:
No one would ever call you that.
Mayor Carollo:
Now, we could make mistakes, you know, everybody can in business. But, at
the same time, you know, one point nine million, it's the figure that was given to us.
Ms. Dougherty:
By whom?
Mayor Carollo:
Well...
Ms. Dougherty:
By J.L. Plummer.
Commissioner Plummer: No, not J.L.
Mayor Carollo:
No...
Ms. Dougherty:
But that's on the basis of a piece...
Mayor Carollo:
.. not by Mr. Plummer, this came from our Planning Department. They said
fifty to fifty-five dollars ($55).
Ms. Dougherty:
For a fee simple title to property not for what you have.
Mayor Carollo:
And based on the fifty dollars ($50), based on the... Well...
Ms. Dougherty:
You don't have fee simple title all you have is an easement.
Mayor Carollo:
Fine, but you know, that property because of the easement then that we'll be
giving up will be worth that money to your client.
Commissioner Plummer: Call the question.
Mayor Carollo:
The same numbers are the ones that you're using for the property up front when
it said that it was nine million plus dollars that was contributed.
Ms. Dougherty:
Mr. Mayor, would you designate somebody that we could negotiate with?
169 February 27, 1997
Mayor Carollo: Lucia, if I may, I... if you could call my office tomorrow?
Ms. Dougherty: Sure.
Mayor Carollo: We'll talk about it. OK?
Ms. Dougherty: OK, thanks very much.
Mayor Carollo: But five thousand dollars ($5,000) frankly, you know, I'm embarrassed that we
said to the gentleman representing Anthony Abraham what we said to him because...
Ms. Dougherty: I don't know what you said.
Mayor Carollo: Well, to come back. We deferred that item and you know, I'm sorry but I'm not
going to be bending over and doubling over on this one and just going along with the punches. I
have to vote what I think is right and I think right now, it's right to defer this item.
Ms. Dougherty: That's fine. I want you to know that remember my client, we were just offering
on behalf, on our own, not even knowing what our client would agree to because Adrienne was
not able to talk to our client. We just know that they would be willing to give that much and if
we... and if they weren't we were going to pay it with our own attorneys fees.
Mayor Carollo: Well, that's the problem with attorneys. That's the problem with attorneys, but
somehow...
Ms. Dougherty: It's just one of our problems, that's all.
Mayor Carollo: .. somehow I had a gut feeling that that might have been the case.
Ms. Dougherty: I said that, Adrienne said that. We were not able to contact them but I know
that they would, and I would cover it with my own attorneys fees, if they won't. So...
Mayor Carollo: I appreciate it.
Vice Mayor Regalado: Mr. Mayor, just for the record I believe that Channel 9 is off the air and
has been off the year for more than hour. In the morning we had the channel off the air for about
an hour and then if went off, on and off, and I think it's not a problem with the whole TCI
system, it's just a problem with Channel 9. I don' .t know whether or not this session has been
recorded and it will be played back. It could be recorded but just as a matter...
Mr. Carlos Smith (Assistant City Manager/Building and Zoning Department): It is being
recorded.
Vice Mayor Regalado: Yeah, OK. Because the public has not been able to see most of the
session.
Mayor Carollo: All right, I call the question on this. Can we have the roll call please, for
deferment?
Ms. Dougherty: Could we have this on the March 20th agenda please?
Mr. Walter J. Foeman (City Clerk): Roll call.
Ms. Dougherty: March 20th? OK.
170 February 27, 1997
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Ms. Teresita Fernandez (Asst. Executive Secretary/Public Hearing): March 27th.
Mayor Carollo: Well, the next...
Ms. Fernandez: March 27th.
Mayor Carollo: .. Planning and Zoning meeting.
Mr. Smith: 27th.
Ms. Fernandez: March 27th.
Mayor Carollo: Twenty-seventh, I believe. Twenty-seventh, it does have to be, Lucia.
Ms. Dougherty: No, it doesn't.
The following motion was introduced by Mayor Carollo, who moved its adoption:
MOTION NO.97-142
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-4
(PROPOSED VACATION AND CLOSURE OF N.E. BAYSHORE COURT
BETWEEN N.E. 13 AND 14 STREETS AND PORTION OF N.E. 14 STREET
BETWEEN NORTH BAYSHORE DRIVE AND N.E. BAYSHORE COURT) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR MARCH 27, 1997.
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.
L
171 February 27, 1997
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55. GRANT / MODIFY APPEAL OF ZONING BOARD DECISION WHICH
DENIED APPEAL & GRANTED CLASS II SPECIAL PERMIT
APPLICATION (96-3247) WITH CONDITIONS BY DIRECTOR 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, 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 --
APPLICANT: MUTINY ON THE BAY, LTD.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, we're...
Ms. Lourdes Y. Slazyk (Deputy, Director, CPR (Community Planning and Revitalization)
Dept.: PZ-25.
Mayor Carollo: Twenty-five, is the next one? OK, 25.
Ms. Slazyk: Yes, PZ-25, is an appeal of a Class II -Special Permit for the Mutiny. On February
14, 1997, the applicant brought a new set of plans to the City. They submitted a modified set
which basically proposes to remove the entire parking structure that's there right now. Upon
meeting with the zoning administrator, they were told that if they removed the entire parking
structure it would no longer be a nonconforming structure and they would have to comply with
the 65 percent frontage, retail frontage. Since they had no FAR left on the property, the zoning
ordinance states that vending and sales of non -mass produced items from vending carts, things
like arts 'and crafts and flowers complied with that requirement. So, the new set of plans that
they submitted have a plaza in the front. They've put their parking underground, two levels of
parking. We basically have more trees, more parking and they meet all of the guides and
standards including the pedestrian pathway requirements. Therefore, the City would recommend
that the appeals be denied and that the modified plans be approved. It basically mitigates all the
concerns that were addressed in the appeal by the neighbor.
Mr. Marco Rubio: Marco Rubio, 201 South Biscayne Boulevard.
Commissioner Plummer: You've got to swear them all in. Anybody going to testify.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Rubio: Basically, I am here on behalf of Mr. Murray Diamond. Originally, the original plan
is the one that we, Mr. Diamond filed the appeal to. He was opposed to it. He felt that it dealt
with a couple of issues that he was not in agreement with and since that time Mr. Diamond, like
staff, has reviewed these new plans and. he feels that these new plans address most of his
concerns that he had with the original plan. And therefore, while we do not drop or withdraw
our appeal, because to do so would mean to ask you to approve the original plan. Instead, what
we do, we ask you believe it or not, to deny our appeal and to accept a modified plan which is
pretty much what staff has asked you to do as well. So, that's basically why I'm here today, is
172 February 27, 1997
just to ask you to deny our appeal and accept these new modified plans as staff has
recommended.
Commissioner Plummer: Why don't you just withdraw it?
Ms. Slazyk: No, if they withdraw it then the original plans that proposed a taller structure, stand.
You see, the Commission has a right to deny, approve or modify. We're asking you to modify in
this case to accept the new plans.
Commissioner Hernandez: So everyone's in agreement?
Commissioner Plummer: Yeah.
Commissioner Hernandez: I move.
Commissioner Plummer: Second..
Mayor Carollo: Second the motion. Second. Is there anyone that wants to speak against it?
OK, hearing none, can you call the roll call please?
The Commission (Collectively): Aye.
Mr. Walter J. Foeman (City Clerk): Roll call.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-143
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
173 February 27, 1997
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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.
----------------------------------------------------------------------------------------------------------------
56. CONTINUE TO MEETING OF MARCH 27, 1997 AT 6:P.M.,
CONSIDERATION OF AGENDA ITEM PZ-29, APPEAL OF A ZONING
BOARD DECISION OF APRIL 22, 1996, WHICH DENIED VARIANCES
FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY
RESIDENTIAL, PERMITTED PRINCIPAL USES, TO PERMIT TWO
STRUCTURES ALONG S.W. 4 AVENUE WITH PROPOSED SIDE STREET
SETBACKS OF 5'-8" AND 3'-8" RESPECTIVELY (15'-0" REQUIRED)
ACCORDING TO ARTICLE 25, SECTION 2502, SPECIFIC DEFINITIONS,
TO ADD A GARAGE AND A PORTE-COCHERE TO AN EXISTING
SINGLE-FAMILY RESIDENCE; ZONED R-1 SINGLE-FAMILY
RESIDENTIAL).
Mayor Carollo: Twenty-nine is the last item that we have.
Commissioner Plummer: Thank God.
Ms. Lourdes Y. Slazyk (Deputy Director, CPR/Community Planning and Revitalization Dept.:)
Yeah, PZ-29 is an appeal of a variance that was denied by the Zoning Board. The Department of
Community Planning and Revitalization is also recommending denial of the variance. There is
no hardship to justify the requested variance. The reasonable use of the property is currently
being achieved because there is a single family residence on the property. The requested
variance is to put a... is for an addition including a garage encroaching in the setback area and
the property is oversized and it does not comply with the hardship requirements. Therefore
again, we request that you deny it.
Commissioner Plummer: Question. Of that which is being proposed by the applicant how much
of it is behind what I would call the wall?
Ms. Slazyk: The garage is behind the wall and the other part is a porte-cochere for the driveway.
Commissioner Plummer: Show me the court, on this here.
Unidentified Speaker: inaudible.
174 February 27, 1997
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Commissioner Plummer: The garage is the structure on the left?
Mr. Gonzalez: Yes, sir.
Commissioner Plummer: And that's completely behind the wall?
Mr. Gonzalez: Yes, sir.
Commissioner Plummer: All right. And the one for the front, is that the front entrance to the
house?
Mr. Gonzalez: Yes.
Commissioner Plummer: And what is violation here.
Mr. Carlos Smith (Assistant City Manager/Building & Zoning): I think... Pick up the
microphone Lourdes, please.
Commissioner Plummer: A porte-cochere is that what it is being proposed there?
Ms. Slazyk: Yes, there is a porte-cochere being proposed here which violates the setback
requirement on this side and the garage here which is behind the wall is also beyond the setback
line.
Commissioner Plummer: All right, the only one affected as I see it by the garage is the people
inside the wall. Because outside of the wall they're not going to see it, correct?
Ms. Slazyk: Yeah, the wall is eight feet, I believe.
Commissioner Plummer: I think it is also. Now, if it was a porte-cochere, it was a carport they
could put it there, correct?
Mr. Gonzalez: Yes, aluminum.
Commissioner Plummer: Carport goes to zero setback. Am I right or wrong?
Mr. Gonzalez: You're correct, Commissioner. It's aluminum canopy, it's zero setbacks.
Commissioner Plummer: If there was an aluminum canopy there he could do it zero setback.
Now why it is that a, I guess it's canvass.
Ms. Slazyk: It's structural. This is structural.
Commissioner Plummer: It's structural. OK, what's the difference? One is more safer than the
other, one is not as safe as the other. What is the difference of that porte-cochere, it's not a
living structure...
Ms. Slazyk: It's not.
Commissioner Plummer: ... it just a pull -in under out of the weather as I understand it? Now, if
it's not somebody tell me. So, somebody got to speak to me in my vote on the porte-cochere.
I'm all right with the garage. He's the one that's going to have to look at that garage, none of the
neighbors are. So talk to me about the porte-cochere as to why if he puts an aluminum carport,
he could have it, zero setback but something that is a structure. And I don't know, do we have a
drawing of what it's going to look at like?
175 February 27, 1997
7
Ms. Slazyk: Yes, there is an elevation.
Commissioner Plummer: OK. Why that is so different, I don't understand?
Ms. Slazyk: You know, it's the structural, it's the definitions in the zoning ordinance. The
porte-cochere requires structural columns with foundations and that's a structure beyond the
setback line. That's the only difference.
Commissioner Plummer: I'm sorry. It's seems like to me, you know, you could put a carport
out there that could be serving as a porte-cochere. I mean, you know, what is? I assume trying
to accomplish, is to provide the availability of pulling in when the weather is bad or parking
under a porte-cochere. I mean, you know. Somebody... Well, I'm sure I'm going to hear why.
Ms. Debbie Swain: Oh, yes.
Mr. Joe Wilkins: You bet yah.
Commissioner Plummer: OK. I just... I don't understand. The appeal?
Mr. Gonzalez: They're appealing, so they go first, right?
Ms. Slazyk: Yes, this is an appeal so the appellant would go first and then us.
Mayor Carollo: How much feet from the wall?
Mr. Gonzalez: It's like three...
Ms. Slazyk: You know that right?
Mr. Gonzalez: I think it's like three...
Ms. Slazyk: Five. Five and a half. The garage is five and a half the porte-cochere is three and a
half.
Mr. Gonzalez: I think it's like five -eights or something like that.
Ms. Slazyk: Yeah, I think the garage is about five feet inside the setback line and the porte-
cochere is about three, three and a half feet.
Mr. Gonzalez: Three something, yes.
Mr. Walter J. Foeman (City Clerk): Can I swear you in please?
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Daniel Perez-Zarraga: Yes, I do. Mr. Mayor and Mr. Commissioner, my name is Daniel
Perez with the firm of Perez and Perez Architects Planners, 2121 Douglas Road. And the reason
for the appeal as far as the Zoning Board decision is a two -fold appeal. One of them is certainly
as Commissioner Plummer has stipulated here before, is the accessory building. That there is a
prerequisite requirement from a side street of a 15 foot setback, and there indeed we're asking
176 February 27, 1997
Is
for a five toot eight setback. As has been discussed, there is a eight toot high masonry wall, so
from an aesthetic standpoint from the street side there is really no impact to the neighborhood
whatsoever. As you said before, Mr. Albo would have to live with that structure within his
setback requirement. Interesting to note that an accessory structure requires a five foot setback
on the rear of the property and again what we're trying to do is put the structure within the
requirements that indeed from a transportation standpoint you're able to maneuver your vehicle
inside. Setting it back would not work with the openings provided for and again, aesthetically no
impact to the community. However, there is an adjustment to the appeal in reference to the
porte-cochere. Originally, the porte-cochere was requested to three foot eight from the property
line. After the April 22nd meeting that was... in which the appeal has been based on there has
been at least two or three meetings with the neighbors in an attempt to explain the requirements.
In an attempt to be able to adjust the porte-cochere. Currently what we're showing here today is
a ten foot setback from the property. What we're looking is for a five foot waiver or requirement
of the ordinance as it stands out today. You also would probably want to know that as you
pointed out if it was an aluminum structure covering it would have zero setback and one
ordinance ago the front setbacks from the properties would have called for a ten foot setback
from any front property. So I believe there has been precedent in the neighborhood in that the
ten foot has already been used previously as the present setback. I don't believe that we're
asking for anything that beyond that is already existing within the City of Miami grounds itself.
As far as you're correct, this is to able to provide cover for vehicles coming in, to provide cover
for the inhabitants of the home. The home is in poor condition, there is a new roof that is being
put into place in an attempt to tie in the roofing with the height of the property, a porte-cochere
has been put. The scale has already been reduced upon one of the meetings with the neighbors.
So as such we have been attempting to cooperate with the neighborhood in an attempt to make
this a mutually acceptable solution. So, from that standpoint there is a change, we are now
willing to accept ten foot as the setback requirements which is just five feet as far as the variance
is concerned and again, from a standpoint of the accessory building it provides absolutely no
visual aesthetic impact to the neighborhood because it is behind the eight foot wall.
Ms. Debbie Swain: Good evening, Commissioners, my name is Debbie Swain. My address is
228 Southwest 22nd Road. I'm a resident of the Roads and I'm also on the Board of Directors of
the Miami Roads Neighborhood Civic Association. I'd like to go through several points and
then address Mr. Perez' point specifically. First of all, the ordinance is very clear in how an
applicant can obtain an exception or a variance to the requirements in that ordinance.. And it
states six criteria that need to be met in order to meet hardship and in this case, the applicant has
not met any of the criteria. If he had met four, or five or six, we would even say there is a valid
request but in fact, he has met none of the criteria. Secondly, he does as he stated or his
representative stated, he does have an alternative and that is to put up an aluminum structures,
that's within... that's allowed by the ordinance and if that's what he wants to do, that's fine. But
this is however, a permanent structure. The garage is not going to be invisible to the
neighborhood first of all. It's approximately 15 feet in height and the wall is eight feet.
Secondly, once it's there, the precedent has been set. Thirdly, any owner after this applicant can
tear down that wall and the garage is still going to be there, less than six feet from the sidewalk.
I strongly object to the statement that it is invisible to the neighborhood - it is not -- just because
it's behind what can be a temporary wall. The porte-cochere again, it's a permanent structure, he
can meet the ordinance requirements by putting on an aluminum structure but as long as it's a
permanent structure, it needs to follow the ordinance. We have obtained petitions from
neighbors, we've gone door to door and collected petitions and we've submitted them to the
Zoning Board. All but one person that we asked signed our petition. The one person that did not
sign it requested that they would rather abstain. But we had over 100 people sign that they did
not want to have this. Closer to 200. Over 200 signed it? Over 200.
Mr. Joe Wilkins: Well over 200. Nobody...
177 February 27, 1997
Ms. Swain: Not one single person was in support of this application. If you'd had the
opportunity to go through our neighborhood you do not see garages that are that close to the
sidewalk or other permanent structures that close to the sidewalk. This ordinance enables the
applicant to meet certain criteria and that's what we want to see done. Thank you.
Mr. Wilkins: My...
Commissioner Plummer: Joe let me... Excuse me, for a minute. Is there any way, if we force
them to do it, what is to the backside if you move the garage further back from the property line?
Mr. Gonzalez: That was one of our suggestions.
Commissioner Plummer: That he would move it back?
Mr. Gonzalez: That he could go back and the wall could be modified to allow access. We made
that recommendation.
Commissioner Plummer: I don't follow you. You're saying the wall could have been modified
in the front?
Mr. Wilkins: We were told that it wasn't going to be moved back because it would he too
expensive to punch a whole in the wall to allow you to use the wall as access. He didn't want to
modify the wall that was why that suggestions wasn't... when we made it, that was basically
what we were told. I'm not here to argue his points though.
Commissioner Plummer: No, but what I'm trying... I'm trying to be reasonable here and I'm
trying to... What you're saying is put the wall, the hole in the front?
Ms. Swain: ... allow access... (inaudible).
Mr. A. Quinn Jones, III, Esq. (City Attorney): You have to put your comments on the record.
Commissioner Plummer: Yeah, on the record. Yeah.
Mr. Wilkins: As I said, the garage could be moved back if the wall was to be modified or taken
down to allow a driveway. That just wasn't...
Ms. Swain: That doesn't have to be that big.
Mr. Wilkins: Reasonable use can be made without this proposal. This can be done, he doesn't...
There is room there to move the garage back. Let me make...
Ms. Swain: Or have a smaller garage.
Mr. Wilkins: Or have a smaller garage, exactly. Let me make my... My name is Joe Wilkins,
228 Southwest 23rd Road. I am president of the Miami Roads Neighborhood Civic Association,
which is, almost all of you know has a long history of trying to protect the open spaces that
makes the Roads Neighborhood, give it it's character and give it's value. This variance would
threaten just those things. Reasonable use of this property can and is and could be done without
this variance. As Debbie said, there are six criterias and none of them are being met. I would
like to address briefly where these criterias came from. This law that we're asking you all to
uphold and to stand with us today, did not just fall out of the sky. When zoning ordinance 9500
was reworked and developed into 11000, it was done with a lot of public input and our
association was very active in creating the law. This is not a law that's being imposed on our
178 February 27, 1997
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neighborhood. This law came to a great degree from our neighborhood. We actually wanted
more setbacks, we wanted more open space. We accepted the existing setbacks as more or less a
compromise with this condition that if these laws were going to he modified, you had better have
a real good reason. Six real good reasons. We're looking at over six here, there are none. It's
an issue of fairness. We would all like, or a lot of us could do things that would threaten the
overall value and character of our neighborhood and this law is to protect us. If you're going to
allow any individual to make these modifications with no legal justification, what is the fairness
to the next person that come up and asks again, and again, and again till we have basically
sidewalk to sidewalk constructions? The impact here cannot be hidden behind a wall. The
impact here is a precedent you will set by allowing somebody with no legal grounds to modify
the laws that basically came out of our community. I will respectfully ask you to stand with the
neighbors, with the 200 people. Like I say, we stopped at about 250 because it just seemed not
be any point. There was no one in support.
Commissioner Plummer: All right. The question I'm going to ask now, from the sidewalk to the
present structure, I assume that garage has an overhang? Hello, where is my so-called
professionals? Hello, I'm calling collect. How far is the setback from the sidewalk to the garage
presently? Is that the five point eight or the three point eight?
Ms. Slazyk: That's the five. That's the five point eight and 15 is what's required.
Commissioner Plummer: So, if in fact then, he went back an additional eight to ten feet, that
setback would not he the problem?
Ms. Slazyk: That's right, and from what I understand now that the porte-cochere if that gets
moved back then that's not a problem either.
Commissioner Plummer: OK. OK, the problem that I see there... and I'm just trying to say
from my standpoint. I think most people try to hide a garage, OK. That if you can hide it to
where you don't have a garage door like my house, OK. Where they don't show from the street
is an advantage. But as I see it here, if you have access from the underdriveway it wouldn't
work if you move that garage back ten feet unless the opening was closer to the sidewalk into
that area. If he's moved that thing hack eight to ten feet, is he then in compliance?
Ms. Slazyk: Yeah, then he wouldn't need the variance. But with the side entrance the car
couldn't maneuver back there. It would have to be a straight on entrance.
Mr. Wilkins: That will be a direct entrance, you could put a straight driveway right into it.
Commissioner Plummer: Yeah, I see what you're saying.
Mr. Wilkins: No problem.
Commissioner Gort: It can he done.
Mr. Wilkins: ... variance.
Ms. Slazyk: With the location where it is also, 4th Avenue is a straight shot. That's 29th Road
from... all the way down to 15th Road where 4th Avenue ends, you could see that garage.
Mr. Wilkins: That's where you're entering from.
Ms. Slazyk: Because that's where you're entering from. You've got a gate there and an eight
foot wall. But you have a clear shot all the way down 4th Avenue.
179 February 27, 1997
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Commissioner Plummer: So now the porte-cochere is not a problem, it's just the garage?
Ms. Slazyk: Well, the...
Mr. Wilkins: No problem because they've both...
Ms. Slazyk: The porte-cochere would still need a variance but it would comply with the ten feet
that was predominant in the neighborhood. But it would still be a variance, a smaller variance.
Commissioner Plummer: You know we need to address that aside from this applicant. If you've
got the availability of putting an aluminum structure there, at zero setback and you have the
opportunity to put something that is elaborate, nice and more hurricane proof than an aluminum
structure, I think that ought to be permitted use. I got to tell you.
Ms. Slazyk: Then we need to... structures.
Mr. Wilkins: ... then we need to do away with that. The person that allows the aluminum
structure, but that's not the issue here today.
Commissioner Plummer: Well... Yeah, I hear you, I hear you.
Mr. Wilkins: The issue here today is are you going to allow a variance with no legal ground that
100 percent of the neighbors are opposed to and would set a precedent that would pretty much
destroy the open spaces that give our neighborhood its character and value?
- Commissioner Plummer: Well, let's listen. Where do we go from here?
Mr. Wilkins: Try voting.
Mr. Perez-Zarraga: Commissioner, the present value and the aesthetics of the neighborhood that
I believe is being discussed, really, I would substantiate that that would have merit, if we did not
have an eight foot high wall on the property line. In essence what they're doing is creating an
aesthetically worst situation by calling for the entry directly through there. Not only that, I don't
know that Public Works would even allow that because you would now have three main
entrances within 100 feet. You would have the entry from 4th, the entry from the Roads area
and directly an entry into the parking structure. So, I doubt seriously unless someone from
Public Works can...
Mr. Wilkins: That does not constitute a hardship. Some of us can't do the things we want to do
on our property...
Mr. Perez-Zarraga: OK.
Mr. Wilkins:... and the reason is, we want to protect our neighborhood.
Mr. Perez-Zarraga: So from that standpoint...
Mr. Wilkins: Reasonable use can be made of this property, there are alternatives. Variances are
for when you have nothing else to do. There are other things that can be done here.
Commissioner Hernandez: Joe, Joe let me hear from him for a second, what he's saying?
Mr. Perez-Zarraga: So, consequently we feel that the fact that we do have the eight foot high
masonry wall is creating a solution by which we can satisfy several issues. We can satisfy the
180 February 27, 1997
aesthetics. The neighbors will be willing to lower the pitch if necessary so that indeed it does
not visually become obstructing. Although with an eight toot high wall, I question how much of
it visually is really appearing beyond that. But we'd be willing to put forth that we would lower
the pitch substantially to a condition that indeed would lower the height, if the height becomes a
problem. The second thing that we would... are interested now is it indeed, if the objection to
the porte-cochere is not being met with some resistance, I might want to consider a zero setback
porte-cochere made of aluminum from aluminum columns that goes back and ties to the
aluminum roof structure. If indeed I am allowed that possibility, I would much rather have a
zero tolerance of the zero setback and it will... I don't believe there is any qualifications as to
what it has to appear like, it's just... The qualification is that it is made out of aluminum and it
has to be an aluminum awning. So I'm looking now at a zero setback, aluminum structure that is
temporary that goes and ties back to the existing structure. So I'd like to possibly not change our
position, given the fact that there is that possibility and look at the possibility of also staying
within five foot eight for the rear structure.
Commissioner Hernandez: Mr. Perez, what's the lowest pitch you can have on the...?
Mr. Perez-Zarraga: On the aluminum, I don't believe they recommend anything less than three
and twelve. I believe we are looking at four and twelve. I believe in some extreme cases you do
two and a half and twelve. This structure is approximately twenty feet wide at two and a half
and twelve it would go up two and a half feet.
Mr. Wilkins: I am a little concern with this idea, because it's behind the wall, it's OK. What
we're talking about here cannot be hidden by a wall. We're talking about allowing people to
build basically up to the sidewalk for no legal reasons. Walls can come and go. Precedent is
going to be with us forever. And just... and you know, just because it's behind the wall, it's
cool. I don't... that doesn't really.... it seems like it should be part of the equation here. The
equation is, is this a legal request for a variance? This is an issue of law and not aesthetics.
Does he meet the legal criteria for a variance? If he does, I would like to hear it, if not let's
move on. You have a very legal criteria. This is not an issue of aesthetics. If he has to build it
aluminum to make it legal, we don't like that either but at least it will be legal. At least it will
conform to the laws that we helped develop.
Commissioner Hernandez: Right. I've got two questions for staff.
Mayor Carollo: Is what he stated something that could make it, make the equation different?
Mr. Wilkins: If they can do it without a variance, God Bless 'em. But, if they need a variance,
they need a legal reason to do it.
Commissioner Hernandez: That's my question.
Mr. Wilkins: They need to have a hardship.
Commissioner Hernandez: Ask staff that. Can we do what he is proposing without a variance?
Ms. Slazyk: What was? The aluminum...
Mr. Perez-Zarraga: No. No, well I believe there are two issues.
Mr. Wilkins: The problem is the garage.
Mr. Perez-Zarraga. One issue is zero setback for the porte-cochere, if it's made out of
aluminum. And I believe the answer is yes. So I could build a...
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Ms. Slazyk: Yes. Yes, because what makes the porte-cochere need the variances is the
structural.
Commissioner Hernandez: Right.
Mr. Perez-Zarraga: Yes.
Ms. Slazyk: OK, so if it's aluminum yes, it's allowed.
Mr. Perez-Zarraga: So I could technically build a 20 foot high aluminum porte-cochere...
Mr. Wilkins: No, there is a height...
Ms. Slazyk: There is a height...
Mr. Wilkins: ... is 12 feet high.
Mr. Perez-Zarraga: ... that ties back to the existing structure with zero setback requirement. Is
that correct?
Ms. Slazyk: OK, there is a 12 foot height limit on the carport.
Mr. Perez-Zarraga: Twelve foot high.
Ms. Slazyk: So you. can't build it all the way up.
Mr. Perez-Zarraga: OK, and that is City code?
Ms. Slazyk: Yes.
Vice Mayor Regalado: So, you don't need a variance for that?
Ms. Slazyk: No, he wouldn't need a variance for the posts but he could not make it as tall as he
wants it.
Commissioner Plummer: Not if you put the lesser of the two good things.
Commissioner Hernandez: Can you do that then? Can you do 12?
Mr. Perez-Zarraga: Yes, but we would rather have it high so that you could pass the vehicles
underneath and not tie back into the house where windows are located.
Commissioner Plummer: I don't understand.
MR. Perez-Zarraga: So in that essence, we are proffering that yes, we would want 10 foot
setback rather than 15 which is the current requirement.
Commissioner Plummer: Yeah, I know.
Ms. Slazyk: Then they would need a height variance.
Mr. Wilkins: Then they would still require a height variance.
182 February 27, 1997
Mr. Perez-Zarraga: But you see, Commissioner...
Commissioner Plummer: Yeah, but what you're saying is, if you put the lesser of the two good
things there you don't need a variance. That's...
Mr. Perez-Zarraga: Exactly. What I am trying to point out is that...
Mr. Wilkins: And sadly we have to live with that. That would still require a height variance.
Mr. Perez-Zarraga: What I am trying to point out...
Commissioner Plummer: I hear you. You know...
Mr. Perez-Zarraga: ... that aesthetics is the issue. Legal substantiation may be appropriate.
Commissioner Plummer: The aesthetics is not the issue.
Mr. Perez-Zarraga: Well...
Commissioner Plummer: That's the problem.
Vice Mayor Regalado: Well...
Mr. Wilkins: This is an issue of do you meet the criteria for a hardship. This is... You're acting
in a quasi judicial position right now on an issue of law.
Vice Mayor Regalado: Mr. Mayor, we just few minute ago here, the people -from Morningside,
and one "boom gate" caused other people to come and ask for two more "boom gates" this
afternoon.
Mr. Wilkins: Exactly. Thank you.
Vice Mayor Regalado: If we were to approve this variance then why not approve the next one,
and the next one, and the next one, and the next one?
Mr. Wilkins: My point exactly. Thank you. I'm ready. My mom would love to have a place
where I could pull right up to the front yard. Let's do it or not do it. You're making a decision
here that will affect the character and the future of our neighborhood.
Vice Mayor Regalado: I move to deny.
Commissioner Gort: ... vote?
Commissioner Plummer: Yeah, the application.
Mayor Carollo: There is a motion for denial, is there a second? There is only one item, 29.
Hearing no second, is there any other motion on the floor?
Commissioner Gort: Let me ask a question? The pitch on the roof, if you were to lower that, I
mean if you were to have it covered and running with the property, if the walls were to come
down, the garage to come down?
Ms. Slazyk: You can still see it. Right now...
Mr. Wilkins: It would still be an impact. It's still evading the issue of setting the precedent.
183 February 27, 1997
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z,y
Commissioner Gort: Is there any difference in setting a precedent? If you can set a precedent
then everybody would have to build the eight foot wall.
Ms. Slazyk: But you can still see that. You would still see that garage all the way... You would
see it for 14 blocks.
Commissioner Gort: I'm talking about dropping the pitch on it, lower it.
Ms. Slazyk: To eight feet? Because...
Mr. Wilkins: We don't want it that close to the sidewalk. Mr. Commissioner...
Commissioner Gort: I understand, that's the biggest problem at the present.
Mr. Wilkins: You said you'd like to do the will of the neighbors. I don't... How can we make
it any clearer what the neighbors want here. It's 250 to one. Now, I realize that one... I'm not
going to get into that. But, it's very clear what the will of the neighborhood is here, sir.
Commissioner Gort: I understand.
Mr. Wilkins: And I am trying...
Commissioner Gort: The biggest problem here is setting up a precedent for all the other
neighbors.
-Mayor Carollo: What is the will of the Commission?
Vice Mayor Regalado: I have motion to deny.
Mayor Carollo: There is a motion, but there is no second.
Commissioner Plummer: There's got to be a compromise. There's got to be a compromise?
Commissioner Gort: There is no compromise, J.L.
Commissioner Plummer: You know there's got to be a compromise as I see it.
Commissioner Gort: Then come up with one. Try it and...
Ms. Slazyk: We've tried.
Mr. Wilkins: We have tried and tried.
Ms. Slazyk: Commissioners we've been here several times, Commissioners.
Mr. Wilkins: Save us the problem of going to court. Do what you know you need to do legally.
Unidentified Speaker: That's right.
Mr. Wilkins: We are not going to let this die here. If we have to we will pursue it on appeal
because there is no legal grounds. There may be political grounds but you are acting as...
Commissioner Plummer: What? Yeah, yeah. I hear you. You need to put that on the record.
184 February 27, 1997
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Commissioner Gort: Let me ask you a question. My understanding, wait a minute. My
understanding is, and I also propose variance application number. My understanding is you
have "yes" or "no" certain conditions have to be met. Who is the one who selects if the
conditions are met or not, is that the applicants or the staff?
Commissioner Plummer: Staff.
Ms. Slazyk: Staff.
Mr. Carlos F. Smith (Assistant City Manager/Building & Zoning): Staff.
Commissioner Gort: Staff, does that right?
Mr. Jones: Yeah, staff.
Commissioner Gort: OK, according to staff recommendation they don't comply with any of
them?
Mr. Jones: They don't meet the requirement for hardship.
Commissioner Gort: They don't meet the minimum requirements.
Commissioner Plummer: None.
Ms. Slazyk:. Right. That is right, no.
Mr. Wilkins: None. 0-6. It should be a slam dunk, yes. Or at least tell us why not.
Mayor Carollo: Well, do I hear...
Commissioner Plummer: The only thing I'm thinking is, there's got to be a compromise.
Ms. Slazyk: Why?
Mr. Wilkins: Why?
Commissioner Plummer: Well, why? I'll tell you why, OK. I think simply because I think that
garage can be put back a little bit further, all right. And the only thing that I see that makes a
difference is, is to where the entrance into the garage is. If you put it back further, then it's got
to be an entrance from the sidewalk.
Mr. Wilkins: Let him do that but there is legal ways he can do it legally.
Ms. Slazyk: Let him come back with that plan one day.
Mr. Wilkins: In the meantime, there is no need for a variance. He can do it legally.
Commissioner Gort: You are hearing all the arguments and I want you to explain it to him
legally, what goes in there. I think you guys should go back and see what you can do to make it
comply as much as you can. Because you've got a lot of objection here and the greatest
objection that you have is in establishing a condition...
Ms. Slazyk: Oh, no.
IN
185 February 27, 1997
Mr. Wilkins: We've been here seven times....
Commissioner Plummer: Joe, you win.
Commissioner Gort: ... and a precedent that everyone else can follow.
Commissioner Plummer Joe, you win.
Commissioner Gort: At the same time, something like this can be taken to court.
Ms. Slazyk: Better deny it.
Commissioner Plummer: OK, look.
Ms. Slazyk: Just deny it.
Commissioner Plummer: I want to ask that it be deferred one more time.
Mr. Wilkins: Oh, no.
Ms. Slazyk: Oh, no. Seven times.
Commissioner Plummer: All right, wait, wait, woo, woo. Joe, it's just you all. (phonetic) If it
comes back here again and there is no compromise...
Commissioner Gort: We'll deny.
Commissioner Plummer: ... I'll move to deny, OK. I'll move to deny if there's no compromise.
The attorney is telling me exactly what you're telling me, they either are going to come back
with a compromise or move to deny. We have really no choice. I would like to see...
Mr. Wilkins: I would just like to begin to point out, we've met three times.
Commissioner Plummer: Joe..
Mr. Wilkins: We've been here seven times.
Commissioner Plummer: ... Joe, you come down here almost every meeting and you enjoy it.
Mr. Wilkins: No.
Ms. Slazyk: For this one...
Mr. Wilkins: No. For this same item.
Commissioner Plummer: You enjoy it.
Mayor Carollo: No, no, no.
Mr. Wilkins: I would like to stay home. I would like to have a little chance to be at home.
Commissioner Plummer: OK, that's my motion. If it...
186 February 27, 1997
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Mayor Carollo: Let's be fair to them. They've been here on this item, come on now.
Commissioner Plummer: They love it. Hey, they love it.
Mr. Wilkins: We have brought people out. There is no clearer issue.
Commissioner Plummer: Joe, that's my motion. If it passes it passes. If it doesn't, I'm trying to
be...
Mayor Carollo: Well, we have a new motion to defer it.
Commissioner Hernandez: I want to second the motion. I want to give them an opportunity to
see if they can come up with a better plan.
Commissioner Plummer: The motion, make it fully understood to my friend, to my lawyer, to
their lawyer. Look, either you come back with a compromise or it's denied. And I don't know
what that compromise is.
Unidentified Speaker: What do you want?
Mr. Lazaro Albo: I've been at the meeting three times.
Commissioner Plummer: I'm not an architect.
Mr. Albo: My name is Lazaro Albo. I'm the owner of the property. I make it three times, make
a meeting with these people. Nothing is agreed for these people, OK. Nothing. You see now,
everything is against it. Everything is against it, OK.
Mayor Carollo: Well...
Ms. Slazyk: That's right. That's not going to change. That's not going to change by deferring
it.
Mr. Wilkins: Yeah.
Commissioner Plummer: Hey, you heard my motion to defer. If you can't come back with a
compromise, forget it Charlie. OK, if that's the case, I want every effort and try to give an effort
if it's possible.
Mayor Carollo: There is a motion, there is a second. Any further discussion? Call the roll.
Mr. Walter J. Foeman (City Clerk): Roll call. Mayor Carollo?
Mayor Carollo: No.
Commissioner Plummer: Are we moved to adjourn.
Commissioner Gort: No.
Commissioner Plummer: Eh?
Vice Mayor Regalado: I have a pocket item, Mr. Mayor.
Commissioner Plummer: Pocket item. Joe.
187 February 27, 1997
Mr. Wilkins: This is embarrassing.
Ms. Slazyk: What date?
Mr. Wilkins: It is embarrassing.
Ms. Slazyk: When it is to our convenience we should pick a date.
Commissioner Plummer: Twenty-seventh.
Mr. Smith: Twenty-seventh?
Commissioner Plummer: Yeah.
Ms. Slazyk: But what time?
Mayor Carollo: In the evening.
Mr. Jones: You want to make it for a time certain?
Mayor Carollo: Make it in the evening after five or after six.
Commissioner Hernandez: After five.
Commissioner Gort: Six. Six.
Mayor Carollo: At six.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-144
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-29
(APPEAL OF ZONING BOARD DECISION WHICH DENIED PERMISSION FOR
TWO STRUCTURES ALONG S.W. 4 AVENUE WITH PROPOSED REDUCED
SETBACKS TO ADD A GARAGE AND A PORTE-COCHERE AT 2900 S.W. 4
AVENUE APPLIED BY LAZARO AND MARIA ALBO) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR MARCH 27, 1997 AT 6 P.M.
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
NAYS: Mayor Joe Carollo
ABSENT: None.
188 February 27, 1997
------------------- ----------------------------------------------------------------- ----------------------------
57. AUTHORIZE AGREEMENT WITH SWIRE BRICKELL ONE, INC.
(SWIRE) -- FOR STORAGE OF POLICE BICYCLES -- WITHIN
COURVOISIER CENTRE II, 601 BRICKELL KEY DRIVE.
Mayor Carollo: All right, we have to finish the meeting. There are a few small items that we
have to finalize. There is never an ending to a City Commission meeting without a pocket item
for the Police Department. Is there a motion?
Commissioner Gort: Move it.
Mayor Carollo: Moved by Commissioner Gort.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez.
Mayor Carollo: All those in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-145
A RESOLUTION AUTHORIZING THE CITY MANGER TO ENTER INTO AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
SWIRE BRICKELL ONE, INC. ("SWIRE"), FOR A TWO YEAR PERIOD, AT NO
COST TO THE CITY OF MIAMI FOR RENT OR UTILITIES, FOR THE USE OF 471
SQUARE FEET OF FLOOR SPACE, LOCATED AT THE COURVOISIER CENTRE
II, 601 BRICKELL KEY DRIVE, MIAMI, FLORIDA.
(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.
189 February 27, 1997
FIF
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58. (A) MAYOR CAROLLO ANNOUNCES BLUE RIBBON COMMITTEE
WITH THREE CO-CHAIRS: IRA CLARK / TED FOOTE /
MODESTO MAIDIQUE -- TO REVIEW CITY'S MANAGEMENT
PRACTICES -- FURTHER INSTRUCTS TASK FORCE TO DRAFT
MEMORANDUM OF UNDERSTANDING OUTLINING SCOPE BY
MARCH 20, 1997 -- FURTHER ASKS TASK FORCE TO COMPLETE
ITS WORK BY NO LATER THAN SEPTEMBER 30, 1997.
(B) COMMSSIONERS URGE LT. GOVERNOR & FINANCIAL
EMERGENCY OVERSIGHT BOARD TO INCLUDE CITY
COMMISSION DURING MEETINGS FOR OPEN DIALOGUE
PURPOSES -- FURTHER SUGGEST THAT MEETINGS BE HELD IN
CITY COMMISSION CHAMBERS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: The next one that I have is just an announcement I'd like to make to the
Commission, that I will be appointing today, I should say I have appointed today a Blue Ribbon
Task Force to conduct a review of the City's managing practices and operations and make
recommendations for improvement. I've asked three individuals to serve as cochairmen of that
Blue Ribbon Task Force. One is Ira Clark from Jackson Memorial Hospital. The second is Ted
Foote, president of the University of Miami and last is Modesto Maidique, the president of FIU
,(Florida International University). What I have asked them to do is to try to find on a long-term
basis, not as we did once before. Yes, all three have accepted. I've asked them to, over the next
several weeks to recruit and select others with high level management and financial expertise to
join them in the effort to assist the City of Miami. And I've asked them to help draft along with
the City Attorney's office a memorandum of understanding that will define the scope of the
work that the task force will undertake, for that to be given to the Commission once it's done so
that the Commission can approve the scope of the undertaking that we are asking them to do.
And hopefully this could then be voted upon, the Commission on the next meeting on the 20th.
Last but not least, I've asked them to complete this work and to report to the City of Miami
Commission no later than September 30th of this year. What will in actuality happen as they are
compiling information there will be a give and take, back and forth of information to the City of
Miami and hopefully they can give us a final report before September 30th but by no later than
that time do we want that final report.
Commissioner Plummer: Well, let me just express an opinion, and I don't know how the rest
feel, but I am going to express my opinion. The five year plan has to be in by April the 15th.
Mayor Carollo: That's correct, J.L., but the City planning will not stop just because of that.
That's one facet.
Commissioner Plummer: I am very much aware of that, OK. This Commission has been
consulted very little. They're operating somewhat in a vacuum which I don't understand how
you sit and you discuss matters between the people who are the monitors and oversight and the
people who have got to make the votes.
Mayor Carollo: You're absolutely correct on that.
Commissioner Plummer: Now.
Mayor Carollo: I feel the same way but hopefully there will be some changes.
190 February 27, 1997
L
Commissioner Plummer: OK, and I'm bringing this up be...
Mayor Carollo: But that was not our decision.
Commissioner Plummer: Well, I think we need to make that decision known to them and it's by
virtue that I hope that on Monday I'm going to write them a letter and tell 'em such that we need
to sit down, both parties at the table and we need to discuss eyeball to eyeball and quit this
operating back and forth. Now...
Mayor Carollo: Those steps I believe are in the progress, but I think it would be good if you
would do that.
Commissioner Plummer: OK. Now, my other problem is, somebody said at the last Oversight
Board meeting, and it might have been the Mayor...
Mayor Carollo: No.
Commissioner Plummer: ... that this Commission...
Mayor Carollo: No, I wasn't at the last Oversight meeting, I couldn't make it.
Commissioner Plummer: I don't know. OK. That this Commission is planning on meeting
everyday from April the 1st to April the 15th and I want to tell you that's hogwash, OK. What
does scare me is, is the fact that regularly scheduled meetings between now and the 15th are only
three in number. And that bothers me, because let me tell you something, when you're talking
about a budget for a single year, it takes that amount of time.or longer.- We're talking about a
five year budget and only three meetings.
Mayor Carollo: Commissioner.
Commissioner Plummer: And the Manager is sitting here telling us, and I fully understand what
he's saying that he can't get the information that he needs to make his predictions or his
projections. So, I'm saying that, Mr. Mayor, we better start scheduling, as much as I hate to do
it, sporadic meetings between now and the end of March whenever this Commission has the
opportunity. And I think we need to tell the Lieutenant Governor, and I thought when I had my
conversation with Mrs. Curry, Mrs. or Mrs. Curry that it was understood we could not continue
to operate in a vacuum. Yet, I get the notice of meetings and the minutes after it's done or I read
about it in the newspaper. I thought we saw a classic example here this morning, in which the
Manager told us this was key and critical to the criteria of the Oversight Committee, yet it never
come before this Commission. And I think that's wrong. And that's one of the glaring examples
that's got to change. The Manager does not vote. The Manager goes down there and he is doing
this and negotiating this, but the Manager don't vote. It's got to be brought back to us and as
time has proven in long standing around here, there are differences of opinions. God bless him.
I'm saying Mr. Mayor, I think I'm going to on Monday either write or call the Lieutenant
Governor and tell him we've got to start having some meeting and concert with one another.
And we've got to start having some open dialogue between us who vote and those who oversight
on us. So, I don't know how the rest of my colleagues feel, but I just had to express my opinion.
Vice Mayor Regalado: I will join him. I will join you in the letter. I think that the whole
Commission should address that issue directly.
Commissioner Gort: Draft it and we'll sign it.
191 February 27, 1997
F
Mayor Carollo: Well, if you would like Commission...
Commissioner Plummer: Well, let me make this suggestion.
Mayor Carollo: ... we could make a motion to that effect and give it to the Manager. But as I
said, I think that we're moving in the right direction.
Commissioner Plummer: Sir, I so move that be the case. And I would strongly suggest one
other thing. That when we meet we don't do it in Bell Telephone's little cubby hole without air-
conditioning. These chambers are open and they're in the public, we have plenty of parking and
we have plenty of room for everybody who wants to be present. The only one meeting that I was
invited to, I'm not complaining, they had to bring in chairs, it was hot, it was uncomfortable and
I think we need an atmosphere that we can sit in and understand each other and talk back and
forth. If that's the case, I make a motion that we urge the Oversight to immediately consider
having all of their meetings or some of their meetings with this Commission who are the people
who have to make the final vote. I so move then.
Vice Mayor Regalado: I second.
Mayor Carollo: There is a motion, there is a second. All those in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-146
A MOTION URGING THE LT. GOVERNOR AND THE FINANCIAL EMERGENCY
OVERSIGHT BOARD TO IMMEDIATELY CONSIDER INCLUDING THE CITY OF
MIAIM COMMISSION DURING ALL OR SOME OF ITS MEETINGS IN ORDER
TO HAVE OPEN DIALOGUE BETWEEN THE TWO ENTITIES; FURTHER
SUGGESTING THAT THE MEETINGS BE CONDUCTED IN THE CITY
COMMISSION CHAMBERS.
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.
192 February 27, 1997
F
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59. INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION PERMITING
BILLBOARD AT 2720 SO. DIXIE HIGHWAY.
Mayor Carollo: Are there any additional pocket items?
Commissioner Plummer: Huh, it's the first time in 27 years I never had one.
Vice Mayor Regalado: I've got one.
Mayor Carollo: I think Vice Mayor Regalado has to...
Vice Mayor Regalado: I've got one although I need to speak to the City Attorney and...
Commissioner Plummer: I can't remember when I didn't have one.
Mayor Carollo: Yeah, OK. You just want to instruct the City Attorney to...
Vice Mayor Regalado: Right.
Mayor Carollo: ... look into this.
Vice Mayor Regalado: Instruct the City Attorney to look into that possibility.
Mayor Carollo: OK. There is... As I am reading here...
Commissioner Gort: One minute, J.L.
Commissioner Plummer: What?
Mayor Carollo: ... it has to do with the location on 27th Avenue...
Vice Mayor Regalado: Billboard.
Mayor Carollo: ... and South Dixie Highway.
Commissioner Plummer: Channel it to the City Attorney (phonetic).
Vice Mayor Regalado: Yeah.
Commissioner Plummer: Yeah, fine.
Vice Mayor Regalado: Vote in favor.
Commissioner Plummer: And then come back to us...
Commissioner Gort: Second.
Mayor Carollo: OK. Motion.
Commissioner Hernandez: Motion.
193 February 27, 1997
Mayor Carollo: Second by Commissioner Gort sending it to the City Attorney for consideration.
Commissioner Hernandez: Directing.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mister... Could you? I didn't get the jest of what
you want.
Mayor Carollo: Oh, here.
Commissioner Hernandez: He's got it right there.
Mr. Jones: Oh, OK. Thank you.
Mayor Carollo: Yes, it's signage on U.S. 1 A and 27th Avenue. All in favor signify by saying
aye.
11
The Commission (Collectively): Aye.
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-147
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT THE NECESSARY
LEGISLATION TO PERMIT A NEW BILLBOARD TO BE PLACED AT 2720
SOUTH DIXIE HIGHWAY.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: J.L. Plummer, Jr.
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60. COMMISSIONER GORT REQUESTS ADMINISTRATION TO INFORM
AGENCIES OF REASONS FOR PROPOSED REALLOCATION OF
UNEXPENDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
($1,774,232.) TO FUND CITY SPONSORED ACTIVITIES WITHIN EIGHT
TARGET AREAS -- SEE LABELS 3B & 29.
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Mayor Carollo: Any further business?
Commissioner Gort: Just a point of clarification. I'm sorry J.L. walked away but this issue we
had this morning. It was all in front of us. We approved it and we voted for it. He's talking
about the CDBG (Community Development Block Grant) transfer of funds, we requested that.
194 February 27, 1997
in
The only thing that I requested was, I'd like to see what will be the results and to make sure that
we inform the people why the decisions were taken and why the lack of implementation, how it
will affect them. But I think we all voted for this. I just want to put that on record.
Mayor Carollo: That's correct.
Commissioner Hernandez: Motion to adjourn.
Mayor Carollo: Motion to adjourn.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:15 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
L
JOE CAROLLO
MAYOR
(SEAL)
195 February 27, 1997