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OF MMING HELD ON MAY 22, 1997
PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
1A
INDEX
MINUTES OF PLANNING AND ZONING MEETING
May 22,1997
ITEM
SUBJECT
LEGISLATION PAGE
NO.
NO.
1.
ACCEPT $60,000 DONATION FROM "NIKE" --
R 97-341 1-3
FOR REFURBISHMENT OF HADLEY PARK
5/22/97
COURTS -- FOR PARKS & RECREATION.
2.
PRESENTATIONS & PROCLAMATIONS
DISCUSSION 3
5/22/97
3.
(A) PERSONAL APPEARANCE: THOMAS
M 97-342 4-10
FRANKLIN & GILDA FERNANDEZ -- STATE
5/22/97
OF FLORIDA DEPARTMENT OF CHILDREN &
FAMILY SERVICES -- TO DISCUSS IMPACT
OF WELFARE REFORM ON CITY
RESIDENTS.
(B) APPOINT COMMISSIONER HERNANDEZ
TO W.A.G.E.S.S. (WORK AND GAINS
ECONOMIC SELF SUFFICIENCY)
COALITION -- IF APPOINTMENT IS DENIED
CITY SHOULD CONSIDER CREATING
W.A.G.E.S.S. BOARD.
4.
SCHEDULE PUBLIC HEARING TO
M 97-343 10-16
RECONSIDER FENCE & GATE AT ALICE
5/22/97
WAINWRIGHT PARK FOR MEETING OF JUNE
26, 19976, AT 5 P.M. -- COMMISSIONER
GORT CLARIFIES HE DID NOT MAKE PRIOR
MOTION,
5.
RESCHEDULE COMMISSION MEETING OF
R 97-344 16-18
JUNE 12, 1997 TO JUNE 9, 1997.
5/22/97
6.
AUTHORIZE CITY MANAGER TO AMEND
R 97-345 18-19
CONTRACT WITH DENNIS I. CARTER &
5/22/97
ASSOCIATES, INC. -- EXTEND FOR FOUR
MONTHS -- INCREASE AMOUNT BY $30,
000, NOT TO EXCEED $60,000 -- ALLOCATE
FUNDS, ACCT, 921002, SPECIAL PROGRAMS
& ACCOUNTS.
7.
BRIEFLY DISCUSS & RESCHEDULE FOR
DISCUSSION 19-20
MEETING OF JUNE 9, 1997 PROPOSED
5/22/97
LEASE AGREEMENT WITH MIAMI SPORTS &
EXHIBITION AUTHORITY (MSEA) -- FOR
PROPOSED DEVELOPMENT ON WATSON
ISLAND.
8. ADOPT "NOISE MITIGATION PROGRAM FOR R 97-346
MIAMI INTERNATIONAL AIRPORT" 5/22/97
REPORT -- DIRECT COMMITTEE OF TWO TO
CONTINUE CONSULTATIONS WITH DADE
AVIATION AUTHORITIES -- FURTHER
REQUESTING COMMITTEE OF TWO TO
MEET WITH DADE COUNTY
COMMISSIONERS.
9. RATIFY / APPROVE / CONFIRM CITY R 97-347
MANAGER'S EMERGENCY FINDING -- 5/22/97
INCREASE ZIP MAILER CONTRACT BY
$23,019 -- FOR MAILING SERVICES FOR
FINANCE DEPARTMENT -- ALLOCATE
FUNDS ( $29,019 FROM ACCT 001000,
260301.6340.34013)
10. ACCEPT PLAT: TIZONA PLAZA. R 97-348
5/22/97
11. APPOINT DOREEN LOCICERO & JAMES M 97-349
BLACK TO PLANNING ADVISORY BOARD -- 5/22/97
SEE LABEL 52.
12. DISCUSS / DEFER CREATION OF MIAMI R 97-350
MARITIME BOARD -- AUTHORIZE CITY 5/22/97
MANAGER TO DRAFT REQUEST FOR
PROPOSALS (RFP) FOR UNIFIED
DEVELOPMENT PROJECT (UDP) FOR
DEVELOPMENT OF WATERFRONT LAND --
FURTHER REQUESTING MANAGER TO
SCHEDULE PUBLIC HEARING FOR
SEPTEMBER 25, 1997 AT 10:A.M., TO
DISCUSS DEVELOPING BICENTENNIAL
PARK/ FEC PROPERTY.
13. VICE MAYOR REGALADO REQUESTS DISCUSSION
UPDATE ON REPAIRS TO TOWER THEATER. 5/22/97
14. DISCUSSION CONCERNING ISSUING DISCUSSION
PERMITS FOR PUBLIC PHONES WITHOUT 5/22/97
FIRST INSPECTING AREAS FOR ADEQUATE
PARKING.
15. VICE MAYOR REGALADO COMMENDS DISCUSSION
POLICE DEPARTMENT FOR STING 5/22/97
OPERATION AT CLUB CHEERS --
COMMISSIONER PLUMMER COMMENTS ON
CRACK HOUSES THAT SHOULD BE
DEMOLISH (33 N.W.13.STREET / SOUTH
RIVER DRIVE & 1 STREET / OLD SALVATION
ARMY BUILDING).
21-25
25-26
27
28-29
29-32
32-33
33-34
35-36
16.
DISCUSS / DEFER TO NEXT COMMISSION
DISCUSSION 36-39
MEETING CONSIDERATION OF EMERGENCY
5/22/97
ORDINANCE TO APPROPRIATE $500,000 TO
MODIFY & FORTIFY FIRE TRAINING CENTER
INTO CITYWIDE EMERGENCY OPERATION
CENTER (EOC) -- FURTHER REQUESTING
ADMINISTRATION TO PROVIDE MORE
INFORMATION TO COMMISSIONERS.
17.
TEMPORARILY CODESIGNATE N.W. 1
R 97-351 39-40
AVENUE "MIAMI HEAT STREET" -- MAYOR
5/22/97
CAROLLO COMMENDS HEAT COACH PAT
RILEY.
18.
DENY REQUEST FOR GENERAL FUND
DISCUSSION 41-43
MONIES FOR ANNUAL CONFERENCE ON
5/22/97
CRIME PREVENTION -- DIRECT POLICE
CHIEF TO MEET WITH BARBARA HOWARD
TO REVIEW REQUEST FOR OTHER
FUNDING SOURCES -- SEE LABEL 29.
19.
EXPRESS COMMISSION'S SOLIDARITY WITH
R 97-352 43-44
NICARAGUAN FAMILIES AFFECTED BY
5/22/97
IMMIGRANT RESPONSIBILITY ACT OF 1996 --
SUPPORT CLASS ACTION SUIT 97-790.
20.
TABLE TO AFTERNOON SESSION
DISCUSSION 44-45
CONSIDERATION OF REQUEST FOR FEE
5/22/97
WAIVERS FROM "THE MIAMI TIMES" -- FOR
COMMUNITY HEALTH FAIR SCHEDULED
FORMAY 31, 1997.
21.
(A) EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE 45-48
SPECIAL REVENUE FUND ACCOUNT
11489
"SOCIAL PROGRAM NEEDS / WELFARE
R 97-353
REFORM" -- FOR DONATIONS TO ASSIST
5/22/97
RESIDENTS IMPACTED NEGATIVELY BY
FEDERAL WELFARE REFORM ACT --
FURTHER AUTHORIZING MANAGER TO
ACCEPT & DEPOSIT DONATIONS / CITY
TRANSFERRED FUNDS / SOLICIT FOR
DONATIONS
(B) AUTHORIZE TRANSFER OF $10,000
FROM ACCT. 210201-010 TO SPECIAL
REVENUE FUND "SOCIAL PROGRAM
NEEDS/WELFARE REFORM".
22.
DISCUSS REQUEST TO MAINTAIN CITY
DISCUSSION 48-53
POOLS OPEN FOR LONGER PERIOD --
5/22/97
DIRECT ADMINISTRATION TO FOLLOW UP
PROVIDING YOUTH ORIENTED ACTIVITIES
IN ELIZABETH VIRRICK PARK -- DIRECT
ADMINISTRATION TO PLACE NOW
SCHEDULED APPEARANCES AT END OF
AGENDA EXCEPT FOR EXTREME
EMERGENCIES.
23.
DISCUSS / DIRECT ADMINISTRATION TO
DISCUSSION 53-54
STUDY FEASIBILITY OF HOUSING ALL
5/22/97
DISPATCHERS AT FIRE COLLEGE.
24.
AMEND ORDINANCE 10544 -- FROM
ORDINANCE 54-56
DUPLEX RESIDENTIAL TO MULTI -FAMILY
11490
MEDIUM DENSITY RESIDENTIAL -- CHANGE
5/22/97
FUTURE LAND USE ELEMENT OF
COMPREHENSIVE NEIGHBORHOOD PLAN --
LOCATION: 521-23-25-27-35-37-45 N.W.23
CT. -- APPLICANTS: CALIX / NOAL / LOYNAZ /
FIALLO.
25.
AMEND ORDINANCE 11000, ARTICLE 4,
ORDINANCE 56-57
SECTION 401 -- CHANGE ZONING FROM R-2
11491
TWO FAMILY RESIDENTIAL TO R-3
5/22/97
MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL -- LOCATION: 521-23-25-27-35-
37-45 N.W. 23 CT -- APPLICANTS: CALIX /
NOAL / LOYNAZ / FIALLO.
26.
APPROVE TERMINATION OF CONTRACT
R 97-354 57-62
WITH GREGORY INTERNATIONAL OF
5/22/97
FLORIDA, INC. -- FOR MELREESE
GOLFCOURSE RENOVATIONS PROJECT, B-
3255.
27.
SECOND READING ORDINANCE: AMEND
ORDINANCE 62-63
ZONING ORDINANCE 11000, ARTICLE 6,
11492
SECTION 617 -- LOCATION: SD-17 SOUTH
5/22/97
BAYSHORE DRIVE OVERLAY DISTRICT --
PROVIDE DEVELOPMENT BONUSES FOR
PORTION OF DISTRICT BOUNDED BY
MCFARLANE ROAD / SOUTH BAYSHORE
DRIVE / MARY STREET / GRAND AVENUE --
APPLICANT: PLANNING & DEVELOPMENT.
28.
(A) DISCUSS CURRENT TOWING
ORDINANCE 63-80
COMPANIES ZONE ALLOCATIONS -- MODIFY
11493
ASSIGNMENT OF BACKUPS -- FURTHER
M 97-355
STIPULATE THAT ALL TOWING COMPANIES
5/22/97
MUST COMPLY WITH CITY REGULATIONS &
FEE PAYMENTS -- DIRECT MANAGER TO
PROVIDE MONTHLY REPORTS ON NUMBER
OF TOWS & COMPLAINTS PER COMPANY
PER ZONE -- FURTHER DISCUSS /
STIPULATE TOWING FOR SPECIAL
EVENTS -- SEE LABEL 43.
(B) BRIEF COMMENTS BY COMMISSIONER
PLUMMER CONCERNING ILLEGAL PARKING
ON BISCAYNE BLVD AT BAYSIDE.
29.
AUTHORIZE $3500.00 FROM LAW
R 97-356 80-81
ENFORCEMENT TRUST FUND (LETF) -- FOR
5/22/97
"PREVENTING CRIME IN BLACK
COMMUNITY" ANNUAL CONFERENCE -- SEE
LABEL 18.
30.
(A) DEFER REQUEST FOR PROPOSAL (RFP)
M 97-357 82-86
FOR SALE OF LITTLE HAVANA POLICE
5/22/97
SUBSTATION -- DIRECT MANAGER TO FIND
SUBSTITUTE FUNDS FOR PROPERTY IN
ACCORDANCE WITH FIVE YEAR RECOVERY
PLAN -- FURTHER DIRECT ADMINISTRATION
TO ITEMIZE SUBSTITUTE FUNDS IN ORDER
TO KEEP FIVE YEAR PLAN BALANCED.
(B) VICE MAYOR PROPOSES MOVING CITY
DEPARTMENTS NOT AT RIVERSIDE TO
POLICE SUBSTATIONS -- FOR COST
SAVINGS.
31.
DISCUSS / DEFER IMPLEMENTATION OF
DISCUSSION 87-90
"THE SAFE HOUSES PROGRAM"
5/22/97
(ALLOCATING GRANT MONIES FOR POLICE
OFFICERS TO PURCHASE HOME IN TARGET
AREAS) UNTIL MORE INFORMATION IS
AVAILABLE -- DISCUSS ADVERTISING ST.
HUGH OAKS HOMES IN NET 9 -- FURTHER
DISCUSS NEED TO REINFORCE
ENFORCEMENT POWERS OF CODE
ENFORCEMENT BOARD.
32.
DENY REQUEST FOR CONINUANCE OF
DISCUSSION 90-91
PZ31 (APPEAL OF ZONING BOARD
5/22/97
DECISION BY LAZARO & MARIA ALBO) --
SEE LABEL 57.
33.
SECOND READING ORDINANCE: AMEND
ORDINANCE 91-92
ORDINANCE 10544 -- FROM DUPLEX
11493
RESIDENTIAL TO RESTRICTED
5/22/97
COMMERCIAL TO CHANGE FUTURE LAND
USE ELEMENT OF COMPREHENSIVE
PLAN -- LOCATION: 2609-11-21-23 N.W. 3
STREET & PARKING LOT -- APPLICANT
DELCO ENTERPRISES, INC.
34.
SECOND READING ORDINANCE: AMEND
ORDINANCE 92-93
ORDINANCE 11000, ARTICLE 4, SECTION
11494
401, SCHEDULE OF DISTRICT
5/22/97
REGULATIONS -- FROM R-2 DUPLEX
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL TO CHANGE ZONING ATLAS --
LOCATION: 2609-11-21-23 N.W. 3 STREET &
PARKING LOT -- APPLICANT: DELCO
ENTERPRISES, INC.
35.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE 94-98
AMEND CHAPTER 4 OF CODE -- ADD
FIRST
EXCEPTION FOR ALCOHOLIC
READING
ESTABLISHMENT USES WHICH PRECEDE
5/22/97
SCHOOLS OR CHURCHES -- APPLICANT:
PLANNING & DEVELOPMENT.
36.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE 98-99
AMEND ARTICLE 11, SECTION 1101.5 OF
FIRST
ZONING ORDINANCE 11000 -- TO PROVIDE
READING
EXCEPTION CLAUSE FOR ALCOHOL
5/22/97
BEVERAGE ESTABLISHMENT USES WHICH
PRECEDE SCHOOLS OR CHURCHES.
37.
AFFIRM ZONING BOARD DECISION -- DENY
R 97-358 99-102
APPEAL OF ZONING BOARD DECISION
5/22/97
WHICH GRANTED FOR 12 MONTHS SPECIAL
EXCEPTION IN ACCORD WITH ZONING
ORDINANCE 11000, ARTICLE 4, SECTION
401," SCHEDULE OF DISTRICT
REGULATIONS" C-2 LIBERAL
COMMERCIAL -- TO PERMIT CONVERSION
OF EXISTING COMMERCIAL STRUCTURE TO
PLACE OF WORSHIP ZONED C-2 LIBERAL
COMMERCIAL -- LOCATION: 311-321 N.E.
79TH ST. -- APPLICANT: PEARLMAN &
DUTES.
38.
GRANT APPEAL OF ZONING BOARD
R 97-359 102-104
DECISION -- FOR VARIANCE FROM ZONING
5/22/97
ORDINANCE 11000, ARTICLE 4, SECTION
401," SCHEDULE OF DISTRICT
REGULATIONS ", C-2 LIBERAL
COMMERCIAL -- TO PERMIT GREEN SPACE
AREA FOR PLACE OF WORSHIP ZONED C-2
COMMERCIAL -- LOCATION: 311-321
N.E.79TH ST.--APLICANT: PEARLMAN &
DUTES.
39.
DISCUSS BRIEFLY CONSIDERATION OF
DISCUSSION 104
PROPOSED FIRST READING ORDINANCE
5/22/97
TO AMEND ORDINANCE 10544 TO CHANGE
FUTURE LAND USE DESIGNATION --
LOCATION: 2200 W. FLAGLER & 2326 S.W.
1ST, POLICE SUBSTATION -- SEE LABEL 55
& 58.
40.
SECOND READING ORDINANCE: AMEND
ORDINANCE 104-107
ARTICLES 4 & 25 OF ZONING ORDINANCE
11495
11000, ARTICLE 4, SECTION 401 SCHEDULE
5/22/97
OF DISTRICT REGULATIONS -- TO ALLOW
HEALTH SPAS OR STUDIOS IN OFFICE
ZONING DISTRICT -- FURTHER AMEND
ARTICLE 25, SECTION 2502 " SPECIFIC
DEFINITIONS " TO CLARIFY DEFINITION FOR
HEALTH SPAS OR STUDIOS -- APPLICANT:
PLANNING & DEVELOPMENT.
41.
SECOND READING ORDINANCE: RESCIND
ORDINANCE 107-108
ORDINANCE 11207 -- AMEND TEXT OF
11496
ORDINANCE 10544 (MIAMI
5/22/97
COMPREHENSIVE NEIGHBORHOOD PLAN
1989-2000, GOALS, OBJECTIVES, POLICIES
& INTERPRETATION OF FUTURE LAND USE
MAP, SINGLE FAMILY, DUPLEX & MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL LAND
USE) -- TO EXPAND LAND USES WITHIN
DESIGNATED HISTORIC SITES OR HISTORIC
DISTRICTS WITHIN SAID SINGLE FAMILY,
DUPLEX & MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL LAND USE CATEGORIES WITH
INTENSITY CAPS -- APPLICANT: PLANNING
& DEVELOPMENT.
42.
SECOND READING ORDINANCE: AMEND
ORDINANCE 109-113
ORDINANCE 11000, ARTICLE 7 "HP
11497
HISTORIC PRESERVATION OVERLAY
5/22/97
DISTRICTS" -- AMEND SECTION 704.1.4
"DEVIATIONS CONCERNING OFFSTREET
PARKING -- FOR VALET PARKING FOR
PRIVATE CLUBS OR LODGES -- FURTHER
PROVIDING NEW SECTION 704.2.4 TO
REQUIRE SPECIAL EXCEPTION FOR
PRIVATE CLUBS OR LODGES -- FURTHER
PROVIDING NEW SECTION 704.3(4) FOR
STANDARDS FOR PRIVATE CLUBS &
LODGES.
43.
BRIEF DISCUSSION OF TOWING
DISCUSSION 113-117
ASSIGNMENTS -- FURTHER DISCUSS
5/22/97
QUESTION OF REIMBURSEMENT FOR
REGISTERED LOBBYISTS WHO DO NOT
APPEAR BEFORE COMMISSION -- SEE
LABEL 28.
44.
(A)SECOND READING ORDINANCE: CHANGE
ORDINANCE 118-119
ZONING ATLAS -- AMEND ORDINANCE
11498
11000, ARTICLE 7, HP HISTORIC
5/22/97
PRESERVATION OVERLAY DISTRICT --
FROM R-1 SINGLE FAMILY RESIDENTIAL TO
R-1 SINGLE FAMILY RESIDENTIAL & HP
HISTORIC PRESERVATION OVERLAY
DISTRICTS -- LOCATION: 3298 CHARLES
AVENUE -- APPLICANT: PLANNING &
DEVELOPMENT.
(B) COMMENTS REGARDING NEED TO
REPLACE SIGNS IDENTIYING MARIAH
BROWN HOUSE & MARJORIE STONEMAN
DOUGLAS HOUSE.
45. SECOND READING ORDINANCE: CHANGE
ZONING ATLAS -- AMEND ORDINANCE
11000, ARTICLE 7, HP HISTORIC
PRESERVATION OVERLAY DISTRICT --
FROM R-1 SINGLE FAMILY RESIDENTIAL &
SD-18 MIN. LOT OVERLAY DISTRICT TO R-1
SINGLE FAMILY RESIDENTIAL, SD-18 MIN.
LOT OVERLAY DISTRICT & HP HISTORIC
PRESERVATION OVERLAY DISTRICTS --
LOCATION: 3744-3754 STEWART AVENUE
(MARJORIE S. DOUGLAS HOUSE) --
APPLICANT: PLANNING & DEVELOPMENT.
46. SECOND READING ORDINANCE: AMEND
CHAPTER 62, ARTICLE VI OF CODE -- TO
INCREASE ZONING & PLANNING FEES FOR
NONRESIDENTIAL MAJOR USE SPECIAL
PERMITS -- ADD NEW FEES FOR CLASS II
SPECIAL PERMIT TIME EXTENSIONS & NON -
SUBSTANTIAL MODIFICATIONS TO CLASS II
SPECIAL PERMITS & SPECIAL EXCEPTION
PERMITS -- APPLICANT: PLANNING &
DEVELOPMENT.
47. SECOND READING ORDINANCE:
AMEND
ORDINANCE ARTICLE 16 --
MODIFY
PROVISIONS REGARDING
NON -
SUBSTANTIAL MODIFICATIONS
-- ALSO
INCLUDE PROCEDURES FOR
SUCH
MODIFICATIONS TO APPROVED
SPECIAL
EXCEPTION PERMIT -- APPLICANT:
PLANNING & DEVELOPMENT.
48. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000, ARTICLE 15 -- FOR ONE
TIME EXTENSION OF NO MORE THAN 12
MONTHS -- ADD PROCEDURES FOR NON -
SUBSTANTIAL MODIFICATIONS ON
APPROVED CLASS II SPECIAL PERMITS --
APPLICANT: PLANNING & DEVELOPMENT.
49. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000, ARTICLE 5,
SECTION 505 -- ADD NEW PROVISION TO
ALLOW REDUCTION OF UP TO 50 PER CENT
IN SET BACK REQUIREMENTS FOR
PLANNED UNIT DEVELOPMENT HOUSING
PROJECTS -- FOR LOW INCOME FAMILIES &
INDIVIDUALS OR THE ELDERLY, BY SPECIAL
EXCEPTION PERMIT ONLY -- APPLICANT:
PLANNING & DEVELOPMENT.
ORDINANCE
11499
5/22/97
ORDINANCE
11500
5/22/97
ORDINANCE
11501
5/22/97
ORDINANCE
11502
5/22/97
ORDINANCE
11503
5/22/97
120
121-122
123
124
125
50. (A) PROPOSED FIRST READING
ORDINANCE 126-155
ORDINANCE: PROPOSE TO AMEND
FIRST
ORDINANCE 10544, COMPREHENSIVE
READING
NEIGHBORHOOD PLAN -- AMEND FUTURE
5/22/97
LAND USE MAP BY CHANGING LAND USE
DESIGNATION FOR PARTICULAR LANDS ON
VIRGINIA KEY TO COMPLY WITH STATE
LAW -- APPLICANT: PLANNING &
DEVELOPMENT.
(B) COMMENTS BY COMMISSIONERS TO
ESTABLISH "NEED" AS A CRITERIA TO GIVE
SCHOLARSHIPS TO INNER CITY CHILDREN.
51. PROPOSED FIRST READING ORDINANCE:
ORDINANCE 155-156
PROPOSE TO AMEND ORDINANCE 11000 --
FIRST
CHANGE ZONING ATLAS BY CHANGING
READING
ZONING CLASSIFICATIONS FOR
5122/97
PARTICULAR LANDS ON VIRGINIA KEY --
APPLICANT: PLANNING & DEVELOPMENT.
52. APPOINT ORLANDO GARCIA JR. TO
R 97-360 156-157
PLANNING ADVISORY BOARD -- SEE LABEL
5/22/97
11.
53. PROPOSED FIRST READING ORDINANCE:
PROPOSE TO AMEND ORDINANCE 10544 --
AMEND FUTURE LAND USE PLAN MAP BY
CHANGING LAND USE DESIGNATION OF
CITY MUNICIPAL JUSTICE BUILDING FROM
RESTRICTED; COMMERCIAL TO MAJOR
INSTITUTIONAL, PUBLIC FACILTIES,
TRANSPORTATION & UTILITIES --
LOCATION: 1155 N.W. 11 ST. (MUNICIPAL
JUSTICE BUILDING) -- APPLICANT:
PLANNING & DEVELOPMENT.
54. PROPOSED FIRST READING ORDINANCE:
CHANGE ZONING ATLAS AS LISTED IN
ORDINANCE 11000 -- CHANGE ZONING
CLASSES FOR PROPERTY LOCATED AT
1155 N.W. 11 STREET -- FROM RESTRICTED
COMMERCIAL TO G/I GOVERNMENTAL
INSTITUTIONAL -- LOCATION: 1155 N.W. 11
STREET (MUNICIPAL JUSTICE BUILDING) --
APPLICANT: PLANNING & DEVELOPMENT.
55. BRIEFLY DISCUSS CONSIDERATION OF
PZ25 (PROPOSED FIRST READING -
ORDINANCE AMENDING ORDINANCE 10544
TO CHANGE LAND USE DESIGNATION OF
CITY POLICE SUBSTATION LOCATED AT
2200 W. FLAGLER STREET & PROPERTY AT
2326 S.W.1 STREET) -- SEE LABEL 58.
ORDINANCE
FIRST
READING
5/22/97
ORDINANCE
FIRST
READING
5/22/97
DISCUSSION
5/22/97
157-160
160-161
161-162
56. AFFIRM ZONING BOARD DECISION -- DENY
APPEAL OF ZONING BOARD DECISION
WHICH DENIED VARIANCE TO PERMIT
STRUCTURE WITH SIDE SETBACK OF
2.75' -- FOR EXISTING ADDITION TO SINGLE
FAMILY HOME ZONED R-1 SINGLE-FAMILY
RESIDENTIAL -- LOCATION: 1746 S.W. 11
STREET -- APPLICANT: MARTHA VALVERDE.
57. (A) AFFIRM ZONING BOARD DECISION --
DENY APPEAL TO PERMIT TWO
STRUCTURES ALONG S.W. 4AVENUE WITH
PROPOSED SIDE STREET SETBACKS OF 5'-
8" AND 3'-8" ACCORDING TO ARTICLE 25,
SECTION 2502, SPECIFIC DEFINITIONS -- TO
ADD GARAGE & PORTE-COCHERE TO
SINGLE FAMILY RESIDENCE ZONED R-1
SINGLE-FAMILY RESIDENTIAL— LOCATION:
2900 S.W. 4 AVENUE -- APPLICANT: LAZARO
& MARIA ALBO -- SEE LABEL 32.
(B) COMMENTS REGARDING PROPOSAL TO
BARRICADE ROADS AREA,
58. CONTINUED -- PROPOSED FIRST READING
ORDINANCE: AMEND ORDINANCE 10544
FROM MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION & UTILITIES
TO RESTRICTED COMMERCIAL -- TO
CHANGE FUTURE LAND USE ELEMENT OF
COMPREHENSIVE NEIGHBORHOOD PLAN --
LOCATION: 2200 W. FLAGLER STREET
(POLICE SUBSTATION) -- APPLICANT:
PLANNING & DEVELOPMENT -- SEE LABEL
55,
59. PROPOSED FIRST READING ORDINANCE:
AMEND ORDINANCE 11000 FROM G/I
GOVERNMENT INSTITUTIONAL TO C-1
RESTRICTED COMMERCIAL TO CHANGE
ZONING ATLAS -- LOCATION: 2200 W.
FLAGLER STREET & 2326 S.W.1 STREET
(POLICE SUBSTATION) -- APPLICANT:
PLANNING & DEVELOPMENT.
60. PROPOSED FIRST READING ORDINANCE:
AMEND TEXT OF ORDINANCE 10544,
COMPREHENSIVE NEIGHBORHOOD PLAN --
AMEND INTERPRETATION OF FUTURE LAND
USE MAP TO ADD RESIDENTIAL USES TO
GENERAL COMMERCIAL LAND USE
DESIGNATION -- APPLICANT: PLANNING &
DEVELOPMENT.
R 97-361
5/22/97
R 97-362
5/22/97
ORDINANCE
FIRST
READING
5/22/97
ORDINANCE
FIRST
READING
5/22/97
ORDINANCE
FIRST
READING
5/22/97
162-167
167-178
178-180
180-181
181-182
61.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE
182-183
AMEND TEXT OF ORDINANCE 11000 --
FIRST
AMEND ARTICLE 4, SECTION 401, C-2
READING
LIBERAL COMMERCIAL DISTRICT -- TO
5/22/97
CLARIFY USAGE OF RESIDENTIAL USES IN
C-2 LIBERAL COMMERCIAL ZONING
DESIGNATION -- APPLICANT: PLANNING &
REVITALIZATION.
62.
(A) PROPOSED FIRST READING
M 97-363
183-185
ORDINANCE: AMEND ARTICLE 7 OF
ORDINANCE
ORDINANCE 11000, SECTION 701.1.1,
FIRST
CONDITIONAL USES -- TO ALLOW SUCH
READING
USES IN RECONSTRUCTED HISTORIC
5/22/97
STRUCTURES -- APPLICANT: PLANNING &
REVITALIZATION.
(B) AUTHORIZE MANAGER TO SCHEDULE
SECOND READING OF SEVERAL PLANNING
AND ZONING AGENDA ITEMS PRIOR TO 5:
P.M.
63.
DIRECT ADMINISTRATION TO REVIEW
DISCUSSION
185-186
ELECTRIC FENCES BUILT ON THE
5/22/97
PROPERTY LINE CLOSE TO STREETS
CAUSING DANGEROUS TRAFFIC
SITUATIONS -- FURTHER DIRECT MANAGER
TO RETURN WITH RECOMMENDATIONS
ABOUT SAME.
64.
COMMISSIONERS REQUEST PROGRESS
DISCUSSION
186
REPORT ON TOWER THEATER REPAIRS.
5/22/97
65.
(A) EMERGENCY ORDINANCE: AMEND CITY
ORDINANCE
187-189
CABLE LICENSE ORDINANCE 9332 --
11504
EXTEND TERM OF CABLE TELEVISION
5/22/97
LICENSE AGREEMENT WITH MIAMI
TELECOMMUNICATIONS, INC., ON MONTH
TO MONTH BASIS.
(B) AUTHORIZE MANAGER TO DRAFT /
DISSEMINATE REQUEST FOR PROPOSALS
(RFP) -- FOR SEEKING CABLE TELEVISION
SERVICE PROVIDERS.
66.
BRIEF DISCUSSION CONCERNING
DISCUSSION
189-190
SCHEDULING SELECTION OF DEVELOPER
5/22/97
FOR DINNER KEY BOATYARD IN NEXT
AGENDA.
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of May, 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 10:05 a.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
ALSO PRESENT:
Mayor Joe Carollo
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Edward Marquez, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Barbara Howard, after which, Mayor Carollo then led
those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
Administration had wit raven the following agenda items: 1, 3, 5,
9, PZ-23, PZ-24.
----------------------------------------------------------------------------------------------------------------
1. ACCEPT $60,000 DONATION FROM "NIKE" -- FOR REFURBISHMENT OF
HADLEY PARK COURTS -- FOR PARKS & RECREATION.
Mayor Carollo: We apologize that the meeting has begun quite late this morning, but the
Commission had a previous meeting that ran longer than we thought that it would. Before we
begin with the proclamations that we will be giving this morning, I need to read a resolution.
Mr. Manager, this has to do with your item on Nike that we had worked on together. This is a
resolution accepting a donation from Nike to refurbish four basketball courts at Hadley Park,
value of sixty thousand dollars ($60,000) for use by the Department of Parks and Recreation,
authorizing the City Manager to execute the necessary documents in a form acceptable to the
City Attorney, and to accept said donation.
Commissioner Plummer: I'll second the motion, Mr. Mayor, under discussion. My only
question is, are there any strings attached? Are there any strings attached to the resolution?
May 22, 1997
Albert Ruder (Director, Parks & Recreation): No, there's not. I mean, there's some insurance
requirements, which are Risk Manager's...
Commissioner Plummer: But, I mean, do they get anything in return of restricting our hands,
anything at all?
Mr. Ruder: No. No.
Commissioner Plummer: Thank you. I think it's great.
Mayor Carollo: OK. There's a motion and there's a second. Any further discussion? All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Mayor Carollo, who moved its adoption:
RESOLUTION NO. 97-341
A RESOLUTION ACCEPTING A DONATION FROM NIKE TO REFURBISH FOUR
BASKETBALL COURTS AT HADLEY PARK VALUED AT $60,000 FOR USE BY
THE DEPARTMENT OF PARKS AND RECREATION; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY TO ACCEPT SAID DONATION.
(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: And if I may ask Dale Ellis Allen (phonetic) to come up. He's the Nike
representative for this region. We'd like to show him a small token of our appreciation, if lie's
here.
Commissioner Plummer: Hello?
Unidentified Speaker: Good morning. How are you doing.
Commissioner Plummer: Good morning.
Mayor Carollo: If I may ask Commissioner Gort to read this proclamation.
2 May 22, 1997
a
Commissioner Gort: Whereas Nike, through its southern region marketing manager, Mr. Eddy
Brown, has generously agreed to beautify Hadley Park by refurbishing the basketball; and
whereas Nike has invited City residents and employees to participate in this important
community project by donating the use of athletic shoes which will be recycled to resurface the
court, and has provided a reuse shoe bin throughout the City; and whereas... and it's right outside
in the lobby. And whereas basketball superstar Nike spokesman Alonso Mourning will dedicate
the refurbished Court of the City Youth on July 18, 1997; and whereas local authorities, on
behalf of the community salute Nike for its sense of corporate responsibility and look forward to
similar partnerships in the future, now therefore, Joe Carollo, as Mayor of the City of Miami,
Florida, I do hereby proclaim May 22, 1997 as Nike Day.
(APPLAUSE)
----------------------------------------------------------------------------------------------------------------
2. PRESENTATIONS & PROCLAMATIONS.
----------------------------------------------------------------------------------------------------------------
POLICE OFFICERS CHRISTIAN RIOS & NESTOR GARCIA --
OUTSTANDING OFFICERS FOR APRIL '97.
FRANKLIN BARRON & ANGELA JOHNSON -- OUTSTANDING
EMPLOYEES OF THE YEAR.
ELIO PEREZ -- SALUTE TO UNION CITY BUILDERS.
BOY SCOUTS OF AMERICA -- RECOGNITION FOR ENVIRONMENTAL
EFFORTS.
Mayor Carollo: OK. We're on item "B" of the agenda right now, approving the minutes of the
regular and Planning and Zoning City Commission meetings held on November 21, 1996.
Commissioner Plummer: So move.
Commissioner Gort: Second.
Mayor Carollo: It's been moved by Commissioner Plummer, seconded by Commissioner Gort.
All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
NOTE FOR THE RECORD: On motion duly made by
Commissioner Plummer and seconded by Commissioner Gort, the
minutes of the Regular and Planning and Zoning Commission
meetings of November 21, 1996 were approved by the
Commission.
3 May 22, 1997
----------- ----------------------------------------------------------------------------------------------------
3. (A) PERSONAL APPEARANCE: THOMAS FRANKLIN & GILDA
FERNANDEZ -- STATE OF FLORIDA DEPARTMENT OF
CHILDREN & FAMILY SERVICES -- TO DISCUSS IMPACT OF
WELFARE REFORM ON CITY RESIDENTS.
(B) APPOINT COMMISSIONER HERNANDEZ TO W.A.G.E.S.S. (WORK
AND GAINS ECONOMIC SELF SUFFICIENCY) COALITION -- IF
APPOINTMENT IS DENIED CITY SHOULD CONSIDER CREATING
W.A.G.E.S.S. BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Item 1 has been withdrawn. Personal appearance, item 2.
Vice Mayor Regalado: Yeah. Mr. Mayor, this Commission has expressed concern about the
situation that the City of Miami and many of its residents will be experiencing, because of the
immigration reform and the welfare reform. Although we have heard from Washington, thanks
to the work of our Congresswomen Ileana Ross-Lehtinen and Carrie Meek, and Congressman
Lincoln Diaz-Balart, that some funds have been approved to help the people that will be affected
by the welfare reform. Still, there are many problems. There are many questions that have not
been answered, and the possibility of Miami being impacted by the welfare reform and the
Immigration Reform, it's a major one and a real one. This is why I have requested the officials
of the Florida Office of Children and Families to be present here, and address this Commissions
regarding the impact that the City of Miami will be suffering because of these measures
approved by the Congress in Washington. I have seen members of the department here, and I
was wondering if they can come up and address the Commission, because there is a lot of
confusion, and we need to tell the people what is going to happen and be prepared for what is
going to happen. Anita Boch (phonetic) has been very active as the director for South Florida
Department of Children and Families, and she's very concerned about this situation. And we
thank her for sending this information, and all the cooperation that this department is giving us.
So I would like for the representative of the Department of Children and Families to explain to
the members of this Commission what we are facing here in Miami, even though we have heard
that the situation has somehow been resolved, in part. So... Good morning, sir.
Mr. Thomas Franklin: My name is Thomas Franklin. I live at 915 Northwest 1st Avenue, City
of Miami. And first of all, I'd like to thank Commissioner Regalado for coming to us and
working with us, and we considerably would like him to stay with us on that program. We have
a meeting tomorrow that we're going to try and see if it fits your schedule, again, working with
this problem on a day-by-day basis. I think what you need to know is that this is an ever -
revolving situation. There is no "terra firma" yet on this problem, and what I would like to do
now is ask our head of economic services, which is Gilda Feradaz, to speak a little bit about
WAGESS (Work and Gain Economic Self -Sufficiency), which is the Florida Welfare to Work
Program, and then I can talk a little bit on the issue that Commissioner Regalado has surfaced,
which is the impact on immigrants.
Ms. Gilda Ferradaz: Good morning. I'd like to also thank you for the invitation and for the
meeting we had the other day with Mr. Regalado. I think this is a very opportune time to be
working together, and to be pooling our resources for the benefit of all of our residents. We
brought for you all some packages with some information. I hope you all have that. I'm going
to start going over the one that says "WAGESS." WAGESS is Work and Gain Economic Self -
Sufficiency, which, as you all probably know, is the State of Florida's Welfare Reform Program.
The program that was reformed by passage of this law was the former Aid to Families With
4 May 22, 1997
Dependent Children Program, the AFDC Program, which is now replaced by a program which
we call Temporary Assistance to Needy Families. The key features of this program is, first of
all, that it requires work. It requires work as a condition of receiving benefits. It eliminates the
individual entitlement clause that was in AFDC, that is, if you were within the income limits or
below the income limits, you were entitled to the benefit. That entitlement no longer exists
under the TANF Program. It also establishes one stop employment centers to assist recipients in
becoming employed. We are now co -located in many of our sites with the Department of Labor.
We have a very strong working relationship with the Department of Labor to coordinate our
activities and find employment for these people. The next key feature is that it sets time limits.
For most of our recipients, they will be limited to a two-year period to receive benefits. There
are some exceptions for hardship where that time limit is extended for three years. But most of
our recipients will have a two-year time limit for benefits. And the clock started ticking on those
time limits on October 1st of 1996. Most people will reach that time limit on October of 1998.
Commissioner Plummer: There are other exceptions.
Ms. Ferradaz: The program supports child support and child care. We have funding available
for child care, to make sure that everyone who we're trying to put into an employment program
has the adequate child care to leave their child in an adequate place while... to have their child
cared for while they search for work or become employed, or go to some kind of training
program. It also strengthens the teen pregnancy prevention and teen parent requirements, and
we're also working closely with the Department of Health to develop some initiatives in this
area, in teen prevention. It improves transition and support services. The support services
include transportation, it includes tools, if a recipient needs certain tools to be able to get a
certain job. They're very flexible on what are the support services. It's about uniforms.
Whatever a person needs to get a job that they don't have the money to pay for, our support
services would be able to pay for those. It sets education and training requirements, although
these are short-term education and training requirements. Even though we have opportunities for
people to get trained, we're also working with a two-year time limit. So this, you know, four-
year college or any other long-term educational plan is not contemplated in this law. These are
short-term educational opportunities. It's also tied to economic and work force development
initiatives. As you all know, there is a WAGESS Coalition that was formed for Dade and
Monroe Counties, which has been very active. They have just submitted their plan last Friday to
the State WAGESS Board, and that plan will be reviewed by the State WAGESS Board, and
hopefully, approved by next month. In your packet, you have some graphs, so you can see some
of the case load analyses which we have done. The Temporary Assistance for Needy Family
recipients, which is this chart that's blue and yellow, were showing right now... and these
numbers changes every month. People come on the rolls, people come off the rolls. But right
now, we have an estimated 27,000 people living in the City of Miami who receive this temporary
assistance, out of a total of 103,000 in the district. Out of these 27,000, there is about a two to
one ratio between adults and children. You have another map in your package which has yellow
and purple. If you look at the yellow, these are the high concentration areas. The colors in the
map show you the distribution of the case loads. The yellow, the darker purple, 20,000 to
40,000, in that area, and so forth, to give you an idea of the concentration of where the case loads
are. And in the last page of that packet, you have some case load comparisons by neighborhoods
in the City of Miami, for your information. This map that we have up here on the tripod, it just
zeros in on the City of Miami. It's basically the same information that's on that next to last map
that you have there, and it zeros in on that area. The areas in yellow represent more than 15
percent of the total population living in that area receive temporary assistance. Does anyone
have any questions about WAGESS?
Commissioner Gort: Let me ask you a question. This monthly allocation, this map we have
here, it says 40,000 plus. Is this the amount of monies received in those areas?
5 May 22, 1997
Ms. Ferradaz: No. These are the number of recipients.
Commissioner Plummer: It's shown in dollars.
Ms. Ferradaz: Oh, I'm sorry. Yes.
Commissioner Gort: So that's the number of recipients, not dollars.
Mr. Franklin: Those are dollars.
Ms. Ferradaz: Right. No, no, they're dollars.
Mr. Franklin: Those are dollars that enter those particular neighborhoods. That's a money look
at it.
Commissioner Gort: OK. Wherever you have yellow, you have forty thousand dollars
($40,000) going in there. Is that what you're saying?
Mr. Franklin: In excess of that per month.
Commissioner Plummer: You're saying there's 27,000 in the City of Miami, alone?
Ms. Ferradaz: Yes.
Commissioner Plummer: And you're saying there's 103,000 in Dade and Monroe County?
Ms. Ferradaz: In Dade, Dade County.
Commissioner Plummer: Dade County alone.
Ms. Ferradaz: Mm-hmm.
Commissioner Plummer: Where are you going to fine 103,000 jobs?
Mr. Franklin: Well, you subtract out the children, and you end up with about 30,000. Nine
thousand are in the City of Miami.
Commissioner Plummer: Two to one?
Mr. Franklin: Yeah.
Commissioner Plummer: OK.
Ms. Ferradaz: Right. It's about two children to every adult.
Commissioner Plummer: OK. Every major company is laying off. Every major company is
laying off people. My question is, you're going to have these people trained in some given
profession, and they aren't going to have a job. Yet, all your contracts are performance based.
Ms. Ferradaz: Well, this is the challenge facing the WAGESS Coalition. The WAGESS
Coalition is made up of community leaders, of businesses, of, you know, different departments,
and this is going to be the challenge of the Coalition.
Commissioner Plummer: This started seven months ago, and they have not yet signed the first
contract for training. That's seven months ago. That means that out of 24 months, they have 17
6 May 22, 1997
months to, which will take, at best, three months to get a training program put together, and
they're going to train in less than a year. I still want to know... and I keep asking the same
question. Where are the jobs once you get them trained?
Mr. Franklin: I think in all fairness, Commissioner, you're asking the wrong people.
Ms. Ferradaz: Yeah.
Commissioner Plummer: And I get the same answer everywhere. Nobody speaks to the answer.
Mr. Franklin: Yeah, you're asking the wrong folks.
Commissioner Plummer: Well, you're spending twenty-six million dollars ($26,000,000) in
wages this year.
Mr. Franklin: For child care, that's right.
Commissioner Plummer: No, not for child care. For basic training. You're spending near nine
million for child care, but it's unlimited in child care...
Mr. Franklin: Right.
Commissioner Plummer: ... as well as being unlimited in transportation. That's not the point.
The point is, somebody better start talking about where these jobs are going to be. They insisted
that the major corporations had to be a part of the WAGESS Board. American Airlines, laying
people off; FP&L, laying people off; Southern Bell, laying people off. All of the major
corporations that they wanted on this board, they got, but they're all laying people off.
Mr. Franklin: I think what we could do here, Commissioner, is bring those concerns back and
have Labor come here and people from the WAGESS Coalition. And June 12th, they're having
the next board meeting. You're certainly invited to attend. And if I'm not mistaken...
Commissioner Plummer: Well, you see, we... You know what my problem is? Mr. Mayor, I
want you to hear this. OK? I was asked to name three members of this City to sit on the
WAGESS Board. I nominated Humberto Hernandez, and they turned it down. They turned it
down. They didn't want him on the WAGESS Board. All right? Didn't want him on there.
That was our representative. We've got him on the JETB (Job Employment and Training
Board) Board, but they would not appoint him to the WAGESS Board.. And here we are, of
27,000 people, probably the biggest area of concern. And when I asked that he be placed on that
board, it was rejected. Mr. Mayor...
Mayor Carollo: Well, do they have to give a reason as to why they rejected?
Commissioner Plummer: No, they didn't give a reason. They said that they wanted it from
different sectors, and they had... I guess they said, basically, they had enough political people
there. That board is over 40 people. It was taken over by the Chamber of Commerce. That's
what happened. Just for informational purposes, Mr. Mayor.
Vice Mayor Regalado: Other than that, the most immediate problem, this is the immigration
reform. And what we have heard, or what the people of Miami may have understood is that the
problem of the non -citizen has been resolved. Is this correct?
Mr. Franklin: No, not yet.
7 May 22, 1997
Vice Mayor Regalado: All right.
Mr. Franklin: It's still very much in conversation.
Vice Mayor Regalado: So we still have a problem in the City of Miami, because my
information, and the information that you all gave me is that Miami will be one of the most
impacted areas in the country, because of the non -citizens provision of the Immigration. We
know that something has been extended, that we have some budget ready, but still, we have a
problem. Could you give us an idea of what kind of problem we're still facing?
Mr. Franklin: I can summarize where we are right now, which is... where we are right now, in
concrete, is the law as it passed on August 22, 1996. Beyond that is a series of things in process.
One of the things in process is the extension of benefits for those that were supposed to be cut off
in July of their SSI (Social Security Income) through the end of the Federal fiscal year, which is
September 30th. A bill to that effect has passed the Senate. It is yet to be dealt with in the
House. They are in discussion on that. Other things that are in process now are part of the
negotiation within the House, itself, as to how to deal with grandfathering in those that have been
receiving SST in the past. The conversation right now in writing is only those that are disabled,
although there is discussion to include those over 75 as prima facie of being disabled. This, in
turn, leaves still some people out; basically, those that are not disabled between the ages of 65
and 74 who had been receiving SSI that are not -citizens and legal residents. What I can do is
take you through this, and then we can talk a little bit about food stamps, which is an immediate
issue, and quite separate from SSI.
Vice Mayor Regalado: I was wondering, since we don't have that much time, and we really
appreciate it, that you tell the members of this Commission the numbers in terms of food stamps
that we have already lost in the City of Miami, and we will be losing in the City of Miami, taking
into account the fact that the people that receive food stamps will buy only - this is the pattern -
in groceries, small groceries around their neighborhood. So we are talking here of an impact of
several million dollars to the economy of the City of Miami.
Mr. Franklin: As far as food stamps are concerned, everyone thinks that everyone was extended
in food stamps through the month of August. This is not true. The ones that were extended
through the month of August were those that had accessed food stamps for less than 12 months.
They were extended up to the 12-month period of time. Those that have already accessed food
stamps for 12 months that are non -citizens but legal residents are being cut off as they reach that
anniversary. This past month, on April 30th, we cut off 2,164 people. This month, it's supposed
to go up to like 3,000; next month, 3,400; the month of August will be about 4,500, and then the
balance on September 1. And that balance is roughly somewhere in the vicinity of about 50,000
folks. Now, as far as the City of Miami is concerned, you figure you have about 20 percent of
those different numbers. So the first month, we've already cut off about 500 people within the
City of Miami, and then the months following, you can figure this thing escalating. Food
stamps, as a conversation, has not come up yet in Congress. They are very much afraid - and
this is just what I'm hearing - that if they confuse the two issues, they're going to lose the SSI for
non -citizens. So they have not raised the issue of food stamps for non -citizens yet. As you may
recognize, the State of Florida passed a bill worth about twenty-three million dollars
($23,000,000) for relief for these people. Unfortunately, the bill is written in such a manner that
they are unclear as to whether or not this applies to food stamps, if food stamps are lost, but the
SSI is not. So they're trying to get a clarification from the authors of that bill, whether or not we
can access that money. We can access that money, if we can, after August.
Vice Mayor Regalado: So by August, we will know the real impact in the City of Miami.
Mr. Franklin: Absolutely. You'll know, most probably, by mid -July, because some of the things
going through Congress... And I hope the issue on food stamps is raised by then, and you'll
8 May 22, 1997
already see some action in Congress by then. In the meantime, we're meeting with providers
and we're meeting with SSI and INS (Immigration and Naturalization Services) and everybody
else to keep track of the situation. I have on my desk this morning the names and addresses of
all those people that were affected. We're reaching out to them. We'll see what situations
they're in, and all that sort of thing. But it's good for you to know that the City will become
increasingly impacted over the course of time, and no doubt, your phones will be ringing from
folks that are cut off.
Vice Mayor Regalado: Absolutely.
Ms. Ferradaz: Let me just add that the figures that we're giving you is from the information that
we have on file. If someone has become naturalized and hasn't yet reported it to us, those, we
don't know about yet. We are also in the process of conducting desk reviews on all of these
cases to see if any of these people meet any of the exemptions allowed in the law. There's
probably not going to be, you know, a real big number, but anyone that we can exempt, based on
the exemptions on the 40 quarter hours, or the veterans, or the other immigration statuses that are
exempt, we are conducting those reviews right now.
Vice Mayor Regalado: Well, thank you very much. Thank you. And, Mr. Mayor, I really want
to thank the Department of Children and Families for this information and the cooperation that
they are giving to the City of Miami, because we need to recognize, once again - this
Commission has done it several times - that the City of Miami will be one of the most impacted
areas throughout the country, whether we talk about welfare reform or talk about immigration
reform. And what we have heard coming from Washington, it's not enough. We have a
problem. As of now, we have lost the City many millions of dollars in food stamps. This goes
to the economy of the City of Miami, and we would be losing more in the months to come. So
we need to be aware that this City, particularly this City is in the midst of a problem, of a crisis,
because of the welfare reform and the immigration reform. Thank you.
Commissioner Gort: Mr. Mayor, I've got a question. This chart here, what does it show?
Mr. Franklin: That's the number of people.
Commissioner Gort: What does the blue stand for and the red stand for?
Mr. Franklin: Right. Right off to the far right-hand side, Commissioner, in microprint are...
The blue is those that are receiving Temporary Assistance to Needy Families, and the other is
food stamps.
Commissioner Gort: Food stamps, OK.
Mr. Franklin: By neighborhood. So that's what we want to work with Commissioner Regalado
on, is how to approach the problem by neighborhood.
Commissioner Gort: Thank you.
Commissioner Plummer: Mr. Mayor, I would like to make a motion at this time that this
Commission goes on record that we appoint Commissioner Humberto Hernandez to the
WAGESS Board, that in lieu of whatever, they do not comply with our request, that we petition
the State of Florida to create our own WAGESS Board and handle everything in-house, of which
we are very capable of. I so move.
Mayor Carollo: There's a motion by Commissioner Plummer.
9 May 22, 1997
i
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. Can you call the roll on this one, Mr. Clerk?
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-342
A MOTION OF THE CITY COMMISSION GOING ON RECORD THAT
COMMISSIONER HUMBERTO HERNANDEZ SHOULD BE APPOINTED AS A
MEMBER OF THE W.A.G.E.S.S. (Work and Gain Economic Self -Sufficiency)
COALITION; FURTHER STATING THAT IF THE W.A.G.E.S.S. COALITION DOES
NOT ACCEPT HUMBERTO HERNANDEZ AS A MEMBER, THE CITY MANAGER
IS DIRECTED TO PETITION THE STATE OF FLORIDA TO CREATE A CITY OF
MIAMI W.A.G.E.S.S. BOARD AND HAVE THE CITY OF MIAMI HANDLE THE
ISSUES PRESENTLY BEING HANDLED BY THE W.A.G.E.S.S. COALITION.
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.
Mayor Carollo: Thank you all very much for your time and explaining all that to us. We
appreciate it.
----------------------------------------------------------------------------------------------------------------
4. SCHEDULE PUBLIC HEARING TO RECONSIDER FENCE & GATE AT
ALICE WAINWRIGHT PARK FOR MEETING OF JUNE 26, 19976, AT S
P.M. -- COMMISSIONER GORT CLARIFIES HE DID NOT MAKE PRIOR
MOTION.
---------------------------------------------------------------------------I-------------------------------------
Mayor Carollo: OK. We are now on item number 4, since 3 has been withdrawn from the
agenda.
Commissioner Plummer: Mr. Mayor, before we go into that, may I make a brief statement?
Mayor Carollo: Certainly.
Commissioner Plummer: I think each and every one of us up here have been extremely
badgered about a certain gate down on Brickell Avenue. I would like to propose, Mr. Mayor,
that there were statements made that may be misunderstood or... for whatever reason. And I
would like to schedule a public hearing for reconsideration... not necessarily what that
reconsideration would be, but I would like to reconsider on June the 12th, our next Commission
10 May 22, 1997
I
meeting, and in the interim, that nothing be done to locking that gate until this Commission has
had a public hearing on the matter, and I so move.
Commissioner Hernandez: I'd like to second the motion, Mr. Mayor.
Mayor Carollo: There's a motion and there's a second. Discussion.
Commissioner Gort: Under discussion. I'd like to clarify, because I got a lot of heat on that, and
I got a lot of phone calls. And I'd like to express that that pocket item was presented, and I
explained it before, because the letter was sent to me, supposedly representing the neighborhood.
At the same time, when I called for the pocket item, I called for discussion purposes.
Unfortunately, I got here late from lunch, and the motion was made. I was not even the maker of
the motion, so on, and I'm getting all the calls and all the blame. But... when we called for a
pocket item was for a discussion item. At the same time, in talking to Public Works, Public
Works has stated that that gate will stay open until we did have the public hearing. And my
understanding is Public Works has been working very closely with the property owners and the
representatives of the property owners within that district. And I think that it's very important
that we clarify all this.
Mayor Carollo: Well, I think that what many of the people that have been calling you,
Commissioner, might be of the impression of is that there is not going to be a gate there, and that
it's going to be closed 24 hours a day. That is not the case. From what I understand from the
Administration, from Public Works, that gate will be open from very early in the morning till
late in the day. The hours, basically, that the gate was going to be closed was going to be during
the night hours. And, you know, the public has the right to use a City street, that's not a
question. They absolutely have that right. But at the same time, neighbors in that area also have
rights, too. And what has happened with the park there throughout the years... I mean, I used to
take my kids in the mornings on weekends to go play at that park before I came back to the
Commission, and I stopped doing it, and I'll tell you why. I would take them early morning,
and, you know, I would find a bunch of perverts all over there, and the kind of stuff that was
going on there, you know, was just sickening. We've had drug transactions going on in and
around that park. We have even had people found dead in that park.
Commissioner Plummer: Two.
Mayor Carollo: It is two now? Oh, I thought it was only one.
Commissioner Plummer: No, not found dead. Murdered.
Mayor Carollo: Murdered? Well, I thought one was a suicide.
Commissioner Plummer: That... you are correct.
Mayor Carollo: And the bottom line is that we have to find the best way to open that whole area
up so that the public can truly enjoy the park, and it's their right, if you go there with your
family, if you go there with kids, if you go there by yourself, that you could enjoy that park.
And at the same time, if people are using that street to go through to Virginia or Key Biscayne,
they also have that right. But late at night, when normal people, most people are asleep or at
home, I cannot understand why, at midnight, at eleven o'clock at night, at two in the morning,
three in the morning, anyone really would want that gate open, to be able to go in and out
through that street. And that's where I agree with the neighbors that wanted that closed during
those hours. Now, in the daytime hours, during the hours that people want to enter the park or
they want to go through there, so they could enjoy Virginia Key or Key Biscayne, absolutely,
that should stay open. But I have no problem of hearing from the public, but I think that we
11 May 22, 1997
should make clear what the discussion is going to be about. This is not about that we're just
closing that whole street off, that people can't get in and out. This is not the case. What it really
comes down to is, if there is going to be a gate there that's going to be open, which it is, and
from what hour to what hour is the gate going to be closed? And this really has become, in my
opinion, a lot more of a brouhaha than anything that I've seen in a long time, you know.
Commissioner Plummer: Mr. Mayor, I really didn't want to go into discussion today, and I'm
not going to. I just wanted to bring it back up that we would have a public hearing, because one
of the things that people had complained to my office about besides the gate was the fact that
they didn't have the right to speak to it. And so for that reason, it's the reason that I made my
motion today to have a public hearing on June the 12th, and we can make it the first item so
people have the opportunity to be here, and let them speak to the issue of the gate.
Mayor Carollo: And one of the things that I also would like to bring up, Commissioner, that
would make it even easier for many of the people on Brickell Avenue and South Miami Avenue
to be able to go to the park is that in the parks for bonds money that we have, we have a certain
amount allocated to Wainwright Park. I would like to ask for the City Planning Department to
bring up estimates at that meeting, for discussion, of course, of how much it would cost to build
a ramp coming right from the entrance to Key Biscayne where the toll booth gates are, to have a
ramp from there going into the park, so that could be another way that people can enter the park,
and make it even more accessible to them, of not having to go all around. This way, you'll have
two entrances that will be open during all the normal hours that the park will be open to.
Commissioner Plummer: Well, you can shake your head "no"...
Mayor Carollo: Well...
Commissioner Plummer: ... but for the purposes of discussion, I think it's something the Mayor
wants to discuss, and we will discuss it.
Mayor Carollo: Well, if we're talking about truly opening up the park, you know, that's
certainly an item of discussion. Now, you know, because some people don't want it open, they
have a right to say they don't want it open. But for the life of me, I can't understand, if we're
going to have two entrances now instead of one, that's going to make it even easier for people,
why anybody would oppose it.
Commissioner Plummer: OK. Mr. Mayor, the only thing I'm questioning is, should we make it
at nine o'clock in the morning, or should we make it five in the afternoon?
Mayor Carollo: Commissioner, I don't care. Whatever time is easier for people.
Commissioner Plummer: Let's make it five, because then people would have the opportunity...
they don't have to take off of work.
Mayor Carollo: Yeah. Sure.
Commissioner Plummer: So then, Mr. Manager, you'll discuss that... you'll bring that issue
back for June the 12th.
Mayor Carollo: No. Commissioner Gort can't make it on the 12th.
Commissioner Plummer: OK. Make it the 26th, with the understanding that the gate is not to be
locked until a decision is made by this Commission. The 26th is fine.
12 May 22, 1997
Mayor Carollo: Hold on. When is the next meeting that we're having? We're going to have
two meetings in June, J.L.
Commissioner Plummer: The 12th. The 12th and the 26th.
Mayor Carollo: He can't be here the 12th. OK, for the 19th, that's a Thursday? That would be
fine, June. Now, Mr. Manager, before we vote on this, and we're going to be voting on it, what
is the status of what's been going on there with the fence?
Mr. Jim Kay (Director, Public Works): Mr. Mayor, the fence is being installed as we speak. The
rails were put up earlier this week, the main rails, in sunken concrete. They had to set for a
while. But the picket and gate are being installed today and will probably be painted tomorrow.
And the gate... I've instructed the contractor to leave the gate in the open position. Our forces
will put some chains to chain the gate to the existing fence at the park so that it will remain open.
Mayor Carollo: So there has been a contract signed on that, you're saying.
Mr. Kay: Oh, yes, sir.
Commissioner Plummer: Oh, it's under construction.
i
Mr. Kay: It's under construction.
Commissioner Hernandez: Will the access remain open?
Mr. Kay: Yes, sir.
Commissioner Plummer: Well, that's what I'm saying as part of my motion, that it would stay
open until this Commission makes a decision.
Mayor Carollo: So in other words, part of the motion should be that everything should be put up
except that gate. The gate should not be put up.
Commissioner Plummer: No, go ahead. Just don't pull it shut and close it.
Mayor Carollo: Well, but if you do that, then it's going to be swinging back and forth. I mean, I
think it's just best, maybe, that... unless... What you could do is just leave it in the open position
and put a lock on it.
Mr. Kay: Chain it... lock on it and chain it to the existing fence over there.
Mayor Carollo: Yeah, so it can be chained in.
Commissioner Plummer: Well, but the contractor has to complete his work.
Mayor Carollo: Well, I understand that.
Commissioner Plummer: Mr. Mayor, I really didn't want to take up this much time in
discussion.
Ms. Doris Dodyk: May I say something, just for one second?
Commissioner Plummer: On the 28th, ma'am, or the 20...
13 May 22, 1997
Ms. Dodyk: Well, the gate there shouldn't go up.
Mr. Bertrand Lecocq: It shouldn't go up before the public can talk about it. It should not even
go up before the public has a chance to talk to you about it.
Ms. Dodyk: Exactly.
Commissioner Plummer: Well, it's already up.
Mr. Lecocq: You're going to put us in front of a fait-a-compli.
Ms. Dodyk: Only the poles are up.
Commissioner Plummer: OK.
Ms. Dodyk: Nothing else has been done.
Mayor Carollo: Excuse me, excuse me, sir.
Mr. Lecocq: You're going to put us in front of a fait-a-acompli, and then nothing can he done to
take it down, because money will be spent.
Mayor Carollo: No, that's not so.
Ms. Dodyk: This is wrong.
i
Mayor Carollo: That's not so.
Mr. Lecocq: You should wait for the public to talk about it.
Mayor Carollo: The Commission just stated that that's not going to be closed. You're going to
have a gate there, but nothing is going to be closed.
Ms. Dodyk: They shouldn't even put it up.
Mr. Lecocq: The park should not be closed at any time of the day.
Commissioner Plummer: I'm sorry.
Mr. Lecocq: If I want to jog at two o'clock in the morning, because I get off my work at
midnight, I should be able to do so. And it should not go up before the public has a chance to
talk, or the money is going to be spent and put up.
Mayor Carollo: Well, sir, the Commission has made a motion and a resolution. You'll have
plenty of time to bring it up then.
Ms. Dodyk: But the gate is up.
Mr. Lecocq: Yeah, but by then it won't be good. And you won't take it down, because we spent
public money on it.
Mayor Carollo: Well...
Mr. Lecocq: It will not be logical to take it down.
14 May 22, 1997
Mayor Carollo: The contract... If you were listening, the contract has been signed for that fence
already. Now, the only thing we're discussing here... And I don't know why you want to make
an issue out of something that this Commission has said that we're not going to be closing the
gate until it's discussed publicly.
Mr. Lecocq: You just said you want to close it for... between midnight or three o'clock in the
morning, or you might...
Mayor Carollo: No, sir. You weren't listening. See, that's part of the problem.
Ms. Dodyk: But there shouldn't be any gate in the first place.
Mr. Lecocq: Why do we build a gate if you don't want to close it?
Ms. Dodyk: Exactly.
Mayor Carollo: This is part... This is part of the problem, sir.
Mr. Lecocq: Why do you want to build a gate if you don't want to close it?
Commissioner Plummer: I call the question, Mr. Mayor.
Mayor Carollo: Yes, sir. OK. There's a... The Commissioner called the question. Call the roll,
Mr. Clerk.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO, 97-343
A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE A PUBLIC
HEARING ON JUNE 26, 1997 AT 5 P.M. IN CONNECTION WITH BRICKELL
AVENUE ADJACENT TO ALICE WAINWRIGHT PARK AND THE
RICKENBACKER CAUSEWAY; FURTHER STIPULATING THAT DURING THE
INTERIM, SAID GATE IS TO BE CHAINED IN THE OPEN POSITION.
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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For the understanding, it will he when, now?
Mr. Walter Foeman (City Clerk): June 26th.
15 May 22, 1997
Commissioner Plummer: June 26th, at five o'clock in the afternoon. Thank you. I vote yes.
Mayor Carollo: June 26th.
----------------------------------------------------------------------------------------------------------------
5. RESCHEDULE COMMISSION MEETING OF JUNE 12, 1997 TO JUNE 9,
1997.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I need discussion, Mr. Mayor.
Mayor Carollo: OK.
Commissioner Plummer: I need discussion on changing the date of the meeting. Willy, can you
make June the Sth? I can't do the 19th.
Mayor Carollo: June the 5th?
Commissioner Plummer: Mr. Manager, can you do what you need to do to have the first
meeting on June the Sth?
Mr. Edward Marquez (City Manager): Yes, sir.
Commissioner Plummer: All right. I now revisit my...
Commissioner Gort: Check the Agenda Coordinator.
Mr. Marquez: Commissioner, hang on a second.
Mayor Carollo: Can you do it June the 5th?
Mr. Marquez: I didn't realize that you were moving up the 12th to the 5th.
Mayor Carollo: We... Mr. Manager, can you double check on that? Because there was
something, I believe, that...
Mr. Marquez: Mr. Mayor, I know that we have a rating agency presentation up in New York
City, and I know myself and Bob Nachlinger requested that your office be in attendance to that,
also, and that's over the 4th and 5th, come to think of it.
Mayor Carollo: Yeah.
Commissioner Plummer: The 18th is a Wednesday. Now, that's Larry's day off. Well, let me
come back to it.
Mayor Carollo: Or do it on the 13th?
Commissioner Plummer: The 13th?
j Mayor Carollo: Friday, the 13th.
16 May 22, 1997
Commissioner Plummer: Willy won't be here. Friday, the 13th. But the Latins don't go with...
what is that? They have a Tuesday?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: No, the Latins have a Tuesday.
Mr. Bertrand Lecocq: May I be allowed to ask one question?
Mayor Carollo: Sir, no. That's going to come up at the next time.
Commissioner Plummer: When is your meeting in New York?
Mr. Lecocq: OK. But what logic does it make to build it before we have the public speak?
Mayor Carollo: I appreciate it, sir. Nothing is going to be closed there. You could jog at any
time of the night, morning.
Mr. Lecocq: I understand, sir. Just could you give me the logic of building the gate before we
have a meeting on it?
Mayor Carollo: Sir, you will have that time to do it then. OK?
Mr. Marquez: It's actually on the Sth. We're flying up on the evening of the 4th.
Commissioner Plummer: How about the 4th of June? Can you do the 4th of June? Huh?
Mr. Marquez: If it's in the morning.
Commissioner Plummer: Yes.
Mr. Lecocq: And then it will be built, and we take it down. It's not logical.
Mayor Carollo: Sir, you can talk then. Thank you.
Commissioner Plummer: How about June 9th.
Mayor Carollo: June the 9th? Is that all right with the other members of the Commission?
Vice Mayor Regalado: What day is this?
Commissioner Plummer: If it gets me off of jury duty. Mr. Mayor, tentatively, I'll move that
the meeting of June the 12th be moved up to June the 9th. I so move.
Vice Mayor Regalado: Monday?
Mayor Carollo: There's a motion for the meeting of the 12th...
Commissioner Plummer: That's all right with you?
Mayor Carollo: ... to be moved to June the 9th. Is there a second?
Vice Mayor Regalado: Second.
17 May 22, 1997
Mayor Carollo: There's a second.
Commissioner Plummer: That's tentative to everybody checking their schedules. And if...
Mayor Carollo: Right. That's tentative. If there's a change that needs to be made, we could
make it in the afternoon. 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. 97-344
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF JUNE TO TAKE PLACE JUNE 9, 1997, COMMENCING AT9:00 A.M.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
6. AUTHORIZE CITY MANAGER TO AMEND CONTRACT WITH DENNIS I.
CARTER & ASSOCIATES, INC. -- EXTEND FOR FOUR MONTHS --
INCREASE AMOUNT BY $30, 000, NOT TO EXCEED $60,000 --
ALLOCATE FUNDS, ACCT. 921002, SPECIAL PROGRAMS & ACCOUNTS.
Mayor Carollo: OK. We're back at item 4.
Mr. Edward Marquez (City Manager): Mr. Mayor, there's a recommendation by the
Administration for...
Commissioner Plummer: Move it.
Mr. Marquez: ... a contract extension.
Mayor Carollo: There's a motion on item 4 by Commissioner Plummer, second by
Commissioner Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
18 May 22, 1997
I
Mayor Carollo:
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-345
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE
AGREEMENT WITH DENNIS I. CARTER AND ASSOCIATES, INC., EXTENDING
THE TERM OF SAID AGREEMENT FOR AN ADDITIONAL FOUR -MONTH
PERIOD, FOR A TOTAL OF EIGHT MONTHS, AND INCREASING THE AMOUNT
AN ADDITIONAL $30,000, FOR A TOTAL AMOUNT NOT TO EXCEED $60,000;
ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND
ACCOUNTS, ACCOUNT NO. 921002.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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. BRIEFLY DISCUSS & RESCHEDULE FOR MEETING OF JUNE 9, 1997
PROPOSED LEASE AGREEMENT WITH MIAMI SPORTS & EXHIBITION
AUTHORITY (MSEA) -- FOR PROPOSED DEVELOPMENT ON WATSON
ISLAND.
Mayor Carollo: Item 6 has been withdrawn.
Commissioner Plummer: Wait a minute.
Mayor Carollo: It will be brought back...
Commissioner Plummer: I thought that... What did we just do? Five?
Mayor Carollo: ... on the 9th, Jack?
Commissioner Plummer: We didn't do item 5, did we?
19 May 22, 1997
i
i
I
jMr. Marquez: Item 5 has been withdrawn.
Mayor Carollo: It's been withdrawn.
Commissioner Plummer: Oh. I'm sorry.
Mayor Carollo: Jack? Item 5 can be brought hack on June the 9th?
Mr. Jack Luft (Director, Planning & Development): June 9?
Mayor Carollo: Yeah.
Mr. Luft: Yes, sir.
Mayor Carollo: OK.
Commissioner Gort: Mr. Mayor, I might suggest you look into the contract. I have some
questions. I'll go ahead and send Jack a memo.
Mayor Carollo: Why don't you do that.
Commissioner Gort: OK.
Mayor Carollo: Either that, or why don't you just meet with him one on one and go over it. It
might be better. Can you do that, meet with the Commissioner, Jack?
Mr. Luft: Surely.
Mayor Carollo: Good.
Mr. Luft: We need to reschedule the workshop that we set up with MSEA (Miami Sports and
Exhibition Authority) for the 11th.
Mayor Carollo: Right.
Mr. Luft: I think we'll try to get that a little earlier, if we can.
Mr. Luft: Yeah, you're right. I just realized that. That's fine.
Mr. Luft: OK.
20 May 22, 1997
----------------------------------------------------------------------------------------------------------------
8. ADOPT "NOISE MITIGATION PROGRAM FOR MIAMI INTERNATIONAL
AIRPORT" REPORT -- DIRECT COMMITTEE OF TWO TO CONTINUE
CONSULTATIONS WITH DADE AVIATION AUTHORITIES -- FURTHER
REQUESTING COMMITTEE OF TWO TO MEET WITH DADE COUNTY
COMMISSIONERS.
Mayor Carollo: All right. We're on item 6 now.
Vice Mayor Regalado: Mr. Mayor, this is an important piece of legislation that in the City of
Miami, for the first time, it has come up. And it has to do with the noise from Miami
International Airport. Many people said that this cannot be done, that the City does not have any
say on the kind of noise pollution that we get from the Miami International Airport. But in the
past five months, several persons have worked very hard, and I would like to recognize a
member of the staff of the City of Miami, Francisco Garcia, who is here, but also, a person that
has worked many hours without pay for the City of Miami, which is Captain Eduardo Ferrer, and
also Captain Patrick McCoy, that has helped the City in coming up with this report that will
reduce, in fact, the noise from Miami International Airport in the City of Miami. And this, we
can... we can prove that it will. And we have gotten the cooperation of the FAA (Federal
Aviation Administration), the tower, and I would like for the staff to explain what we came up
with.
Mr. Francisco Garcia (Planning and Development): For the record, my name is Francisco
Garcia, with the Department of Planning and Development. In the last 60 days since we were
last before you, we have been looking into how other communities address the noise pollution
that results from aircraft traffic over them. We have been looking at how Dade County
addresses the noise pollution resulting from air traffic over Dade County. And as a result, we
have come up with a number of proposals as to regulations that can be implemented that we feel
would significantly improve the situation in Dade County. We are happy to report that there is
good news as a result of these studies, and the good news is that this problem has a solution, at
least 60 percent of a solution. That is, we feel the noise can be reduced 60 percent from what it
presently is. We feel that that is feasible. And furthermore, we feel that it is simple, and with
Dade County's cooperation, we will get there very soon. There are three regulations which, if
implemented, we feel will help us accomplish this. There is the adoption of a take-up profile,
which has been recommended by the Airline Pilots Association. It is safe. It doesn't
compromise the operations in any way. Yes, it will take more resources from Dade County to
begin to regulate and to administrate the operations in the airport, but again, it can be
implemented, and this will be the single most successful measure which, if applied, will result in
the betterment of the situation. There is also... directing the operations of the airport to the west
instead of to the east. The airport... the Miami International Airport is to the west of the City of
Miami. To the west of Miami International Airport, there is basically marshland, the Everglades.
There is a jail, I think, in the way, but again, nothing of substance by way of development.
Whenever feasible, whenever possible, and it is often possible, traffic, aircraft traffic should be
directed to the west. And lastly, whenever they absolutely have to direct traffic to the east, over
the City of Miami, they should ensure that aircraft maintain their takeoff heading until they reach
the shoreline. They should not allow the aircraft directly over the City, which creates the most
noise. They should maintain their takeoff heading until they reach the shoreline. If these three...
and ideally, the other resolution we're proposing as well. But if these three regulations were to
be adopted and enforced by Dade County, we feel confident in committing to you that the noise
level suffered by the City of Miami presently can be reduced by at least, conservatively
speaking, 60 percent. The resolution that is before you today and that we recommend your
21 May 22, 1997
approval of does three things. First, it recommends adoption of the report that is before you
today. Second, it commends Dade County Aviation Department and the Miami International
Airport Air Traffic Control Tower for working with us over these last two months in trying to
come to some sort of resolution to this problem. And third, it asks that you instruct this
committee to continue its efforts and consultations with Dade County to try to come to a final
solution to this problem. That is all I have by way of presentation. Thank you very much.
Commissioner Plummer: You know, I want to tell you something. I never, ever even felt
affected by the noise of airplanes until you brought this subject up. OK? And now, it made me
very, very much aware of actually how much that noise is generated over our community. And
over my particular house when... I guess I would refer to it as the cold weather, when they come
in from Key Biscayne and go that route over to the airport. And it just seems like to me that
there is something they could do. It also seems to me that there is a total inequity, as I read the
document, that American planes have to have a noise suppression, but foreign airlines don't.
And for the life of me... We make the regulation. Why they don't have the same rules and
regulations pertaining to non -national... local airlines as they do on others? I think it is a
problem. It's a problem, I would assume, in every major city. We know that they tried at one
time to try to establish a jetport in the Everglades 25 miles away, and for whatever reason, that
went down the tubes. But it's something that's been brought to the forefront by Commissioner
Regalado, to me.
Vice Mayor Regalado: And, you know, J.L., many people in Miami thought that this was
something that nobody can do anything about it. And, well, thanks to Captain Ferrer, we learned
that, yes, that we could do a lot about it. And as a matter of fact, it was Captain Ferrer who
single-handedly took the cargo thing. You remember the accident that we had in 36th Street
many years ago.
Commissioner Plummer: Sir, I was there.
Vice Mayor Regalado: I was there, too. And Captain Ferrer took the cargo planes, and he, by
himself, was able to get the cargo plane flights stopped. So having said that, we will have the
cooperation of Commissioner Natasha Milian (phonetic), who overseas the airport, and also,
Commissioner Bruce Kaplan, who was going to introduce a resolution even forbidding flights
during the night. This is an option that Commissioner Kaplan would like, so he has told us, and
we feel that we will have the cooperation from Dade County. So, you know, when you want to
do it, you can do it. Captain Ferrer.
Captain Eduardo Ferrer: To answer Mr. Plummer's question about the foreign airlines, there are
profiles where they have to follow, and in many airports in the world, the people that doesn't
follow those profiles, climbing profile, they have to pay every time they break the law. And I
mean a lot of money, like fifteen hundred dollars ($1,500)... fifteen thousand dollars ($15,000)
for any time that they don't follow the law. But there is a law about two years ago that they're
not trying to do that anymore, because people are complaining about this. And in our case, in
Miami, we don't have the chance to fine those airlines, unfortunately. But the aviation business
is a very serious business, and if a company is addressed by the City of Miami and they fly, they
put in their books, you know, the takeoff profiles. They try to follow those profiles for the noise.
I suggested also, and this is my last request, that bring in the mind of the people from Dade
County that they have to stop building more cargo places in Miami in 36th Street airport. We
have Homestead for cargo. That is about a ten-minute drive or more for the airplanes that go
with cargo only. Five years from now, we will double what we have in Miami International
Airport. That means today, Miami is the second airport in the world with cargo, and it's going to
double that in five years. We are number 12 in passengers. We are going to double that in five
years. So why don't they stop building more warehouses in 36th Street, and go over to
Homestead that they can use, and all the cargo airplanes should be landing and taking off over
22 May 22, 1997
there, and we'll have less noise. And I don't think there is any problem with that. That's all I
want to say.
Mayor Carollo: Thank you very much, Captain.
Vice Mayor Regalado: Also, if I may, on the resolution that is before us, I would like to add that
we would like to extend the mandate of the committee of two to meet with members of the Dade
County Commission, and to explain to them what the City of Miami is doing, so it this
Commission decides we can extend this committee of two, Captain Ferrer and Francisco, to go
meet with the different Commissioners, especially those involved in the airport area.
Mayor Carollo: Very good. Are you going to address the Commission on this item, sir?
Mr. Oscar Braymon: Yes.
Mayor Carollo: OK. If you could state your name and address for the record, please.
Mr. Braymon: My name is Oscar Braymon. I'm a Commission Aide for Dr. Barbara Carey.
The reason I'm here on this item is that Dr. Carey has put before the Dade County Commission a
proposal for a comprehensive noise abatement program for Miami International Airport. This
should be comprehensive, including some of the items I see here, and binding with the FAA and
Dade County Aviation Department. I, myself, am a former airline pilot captain at Eastern, in
fact, and this is... Once we get this passed, I'll be glad to meet... we'll be glad to invite the
captain and Mr. Garcia to meet with the County Aviation, as well as the Feds, to put together this
program. This is an excellent program, and I saw the study. Outstanding job. Thanks again.
Mayor Carollo: Thank you.
Mr. Braymon: So we will be supporting and carrying on your effort at Dade County.
Vice Mayor Regalado: Thank you.
Mayor Carollo: Thank you very much, and please extend our gratitude to Commissioner Carey.
Mr. Braymon: You're welcome. Thank you.
Vice Mayor Regalado: Thank you, sir.
Mr. Patrick McCoy: Good afternoon, Commission. My name is Patrick McCoy. I live at 7...
no. 679 58th Street in the City of Miami. I want to commend this Commission for taking this
leadership role, because as Commissioner Regalado has already mentioned, I believe, most
people shied away from the issue, because it tends to be a technical jungle. I would like to say
this current proposal which Mr. Garcia has presented is... I think should be considered a
framework. My concern would be if you were to adopt this proposal and make it a hard and fast
position for bargaining on noise abatement, we may lose the opportunity to fine tune it and make
it an even better proposal. I happen to think that there are certain things in this proposal that
need to be changed, and I would ask you to please consider what bargaining position you limit
yourselves to by making this an ordinance, if that's the proper term.
Vice Mayor Regalado: This is not an ordinance yet. It's just that we are adopting the proposal
to discuss with the County.
Mr. McCoy: OK.
23 May 22, 1997
}
Vice Mayor Regalado: And, you know, you worked with Captain Ferrer and Francisco, so if you
can give us a hand, too.
Mr. McCoy: Yes, absolutely. And the other thing is, Commissioner Plummer, I just wanted to
really let you know that as an airline pilot, myself, that the noise you currently experience will
probably double, and that might be a minimum estimate. American Airlines alone plans to
double its operation by the year 2000. So the impact, the negative impact on this City is really
quite serious right now, and it will be considerably more serious in the near term. And I think
the City needs to become a significant participant in any discussions with the County, and I
would encourage you, as a resident, to continue on this path, and help us hang onto our quality of
life. Thank you.
Mayor Carollo: Thank you. Anybody else who would like to address the Commission on this
item? All right.
Vice Mayor Regalado: Just to add the fact that... to expand the committee and have the
committee meet with Dr. Carey, and the Aviation Department, and Bruce Kaplan, Natasha
Millan. These are the people involved.
Mayor Carollo: OK.
Commissioner Plummer: I move item 7 (sic).
Commissioner Gort: Don't you need a motion on this resolution?
Vice Mayor Regalado: It's a motion to...
Mayor Carollo: OK. It's a motion by Commissioner Regalado.
Vice Mayor Regalado: It's item 6.
Commissioner Plummer: Oh.
Vice Mayor Regalado: It's item 6, but with... It's a resolution adopting this report, but also to
add the fact that the two -man committee mandate will be expanded, so this is...
Mayor Carollo: It's seconded by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
24 May 22, 1997
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-346
A RESOLUTION, WITH ATTACHMENTS, ADOPTING THE REPORT ENTITLED
"NOISE MITIGATION PROGRAM FOR MIAMI INTERNATIONAL AIRPORT";
FURTHER, ACKNOWLEDGING THE RECENT COOPERATION OF THE DADE
COUNTY AVIATION DEPARTMENT AND MIAMI INTERNATIONAL AIRPORT
AIR TRAFFIC CONTROL TOWER WITH THE CITY TO ABATE AIRCRAFT
NOISE OVER THE CITY OF MIAMI; FURTHER, AUTHORIZING AND
INSTRUCTING THE CITY MANAGER TO DIRECT "THE COMMITTEE OF TWO"
TO CONTINUE ONGOING CONSULTATION WITH SAID DADE COUNTY
AVIATION AUTHORITIES TO IMPLEMENT THE SUBJECT NOISE MITIGATION
PROGRAM; AND REQUIRING PERIODIC PROGRESS REPORTS.
(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.
----------- ----------------------------------------------------------------------------------------------------
9. RATIFY / APPROVE / CONFIRM CITY MANAGER'S EMERGENCY
FINDING -- INCREASE ZIP MAILER CONTRACT BY $23,019 -- FOR
MAILING SERVICES FOR FINANCE DEPARTMENT -- ALLOCATE
FUNDS ( $29,019 FROM ACCT 001000. 260301.6340.34013)
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're back at 7.
Commissioner Plummer: Move item 7.
Mayor Carollo: Commissioner Plummer makes a motion.
Commissioner Plummer: Keeping the post office alive.
Mayor Carollo: It's been moved by Commissioner Plummer. Second by...
Commissioner Hernandez: Second.
25 May 22, 1997
Mayor Carollo: ... Commissioner Hernandez. It's a resolution
confirming the City Manager's finding of an emergency, 4/5ths vote.
saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays." All five members vote in favor of it.
Commissioner Plummer: No, no "casa."
ratifying, approving and
All in favor, signify by
Mayor Carollo: Jack, if it comes out good, send me a copy. I'd appreciate it.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-347
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND HIS
ACTION IN AUTHORIZING PAYMENT UNDER THE EXISTING CONTRACT
BETWEEN THE CITY OF MIAMI AND ZIP MAILER, INC., IN THE AMOUNT OF
$29,019.00 FOR FISCAL YEAR 1996, WHICH REPRESENTS AN INCREASE IN
THE CONTRACT AMOUNT BY $23,000.00; AND FURTHER AUTHORIZING AN
ANNUAL PAYMENT OF COMPENSATION THEREUNDER FOR THE
REMAINING TERM OF THE CONTRACT, FROM $6019.00 TO $29,019.00, WITH
ZIP MAILER, INC., SAID CONTRACT BEING FOR THE PROVISION OF MAILING
SERVICES FOR THE DEPARTMENT OF FINANCE; ALLOCATING FUNDS
THEREFOR FOR SAID INCREASE FROM ACCOUNT CODE NO.
001000,260301.6340.34013, 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.
26
May 22, 1997
----------------------------------------------------- ----------------------------------------------------------
10. ACCEPT PLAT: TIZONA PLAZA.
Mayor Carollo: Item number 8.
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
Mayor Carollo: It's been moved by Commissioner Plummer, seconded by Commissioner
Hernandez. 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. 97-348
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED:
TIZONA PLAZA, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL
OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, 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.
Mayor Carollo: Nine has been withdrawn.
27 May 22, 1997
a
----------------------------------------------------------------------------------------------------------------
11. APPOINT DOREEN LOCICERO & JAMES BLACK TO PLANNING
ADVISORY BOARD -- SEE LABEL 52.
Commissioner Plummer: On 10, I deter my appointment.
Commissioner Gort: I'd like to have it readvertised.
Mayor Carollo: OK.
Mr. Walter Foeman (City Clerk): I need a motion on that, Commissioner.
Commissioner Plummer: On what?
Mr. Foeman: To readvertise the PAB (Planning Advisory Board).
Commissioner Plummer: Well, see if the others want to make their appointments. We'll make it
one motion.
Commissioner Hernandez: I need to make a motion, because I need someone in there, to
readvertise.
Mayor Carollo: I'm going to name Doreen Locicero.
Commissioner Plummer: Who?
Mayor Carollo: Doreen Locicero.
Commissioner Plummer: Oh.
Vice Mayor Regalado: I will appoint James Black.
Commissioner Plummer: Humberto?
Commissioner Hernandez: Yes.
Commissioner Plummer: Who? Oh, you're the one who asked to readvertise.
Commissioner Hernandez: Yes. I thought I... There is a gentleman that I've already reviewed
his application, but I don't see him here, so.
Mr. Foeman: Was it for Zoning or PAB?
Commissioner Hernandez: It could have been for Zoning.
Mr. Foeman: For Zoning, it's coming back on the 12th.
Commissioner Hernandez: It doesn't...
Commissioner Plummer: I will move those names that were proffered be accepted, and the rest
be readvertised. I so move.
28 May 22, 1997
Mayor Carollo: OK. There's a motion by Commissioner Plummer, second by Commissioner
Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-349
A MOTION APPOINTING DOREEN LOCICERO AND JAMES BLACK AS
MEMBERS OF THE PLANNING ADVISORY BOARD; FURTHER INSTRUCTING
THE CITY CLERK TO ADVERTISE FOR ADDITIONAL APPLICATIONS TO THE
PLANNING ADVISORY BOARD.
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.
----------------------------------------------------------------------------------------------------------------
12. DISCUSS / DEFER CREATION OF MIAMI MARITIME BOARD --
AUTHORIZE CITY MANAGER TO DRAFT REQUEST FOR PROPOSALS
(RFP) FOR UNIFIED DEVELOPMENT PROJECT (UDP) FOR
DEVELOPMENT OF WATERFRONT LAND -- FURTHER REQUESTING
MANAGER TO SCHEDULE PUBLIC HEARING FOR SEPTEMBER 25, 1997
AT 10:A.M., TO DISCUSS DEVELOPING BICENTENNIAL PARK / FEC
PROPERTY.
Commissioner Plummer: Mr. Mayor, on 11, I have talked with Mr. Weeks. What I'm trying to
accomplish here is what we were trying to accomplish with the FEC (Florida East Cost) and
Bicentennial to where this City Commission would have some input as to what went onto our
waterfront. As you know, in the arrogant way that the County sometimes operates, without
discussion, without consultation with us, they just made a motion and eliminated a so-called
Maritime Board that gave us the right of input into anything that went on the property of FEC
and Bicentennial. What I tried to accomplish with this, and it's going to take more work,
according to Mr. Weeks, is the fact that this board, as I suggested the last time, was very close to
what is the Waterfront Board. So what I'm saying is, I am trying to create a board that would
have the power to recommend to this City Commission on any development that took place on
waterfront property in the City of Miami, aside from the Waterfront Board. And I would want to
defer at this time, if it's all right, and to come back and work it more so that we could be more
29 May 22, 1997
definitive as to what we want to do. Because as I see it now, God only knows what's going to
happen on that property, if anything, for a while. So at this point, Mr. Mayor, I...
Mayor Carollo: Well, I would just like to remind the Commission that we had instructed the
City Administration to begin studying different aspects of an RFP (Request for Proposals). And
once they're done with that, this Commission, after discussion, certainly has the right to put it
out in an RFP, and see what's out there. We...
Commissioner Plummer: Mr. Mayor, we had... presented to us this morning by Mr. Luft. If
you've seen it, I would like to add one other things to this resolution that he recommends. And
the adding to it, the amendment that I'd like to make to this resolution, gives us the latitude in an
RFP, if we, the City, want to go into the passenger cruise ship business. Obviously, from what
I've been reading recently, it's very lucrative, and I don't think we should cut ourselves out, that
if we wanted to have cruise ships in that port, that we could do it and go from there. So I would
like to make a resolution declaring that the most advantageous method to develop certain
improvements on City -owned waterfront lands is a Unified Development Project, UDP, further
authorizing the City Manager to prepare a draft request for... RFPs for a UDP, and confirming
the scheduling of a public hearing for September the 25th, 1997, at ten a.m., to take testimony
regarding said RFP for the development of a regional visitors destination complex, and a public
open space improvement, and/or a seaport facility on a City -owned 60-acre downtown
waterfront property known as Bicentennial Park/FEC. I so move. It doesn't mean that this is
what's going to happen...
Mayor Carollo: Of course.
Commissioner Plummer: ... but it gives us the right to discuss it.
Mayor Carollo: Yeah. I would just change it to put "and/or" a seaport facility.
Commissioner Plummer: Yeah, that's fine. Yeah. I so move.
Mayor Carollo: There's a motion by Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. Is there any further discussion? Hearing
none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
30 May 22, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-350
A RESOLUTION (Pending the Law Deparmtent.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: At this point, the Commission
recognizes Mr, Carlos Mesa.
Commissioner Plummer: Mr. Mayor, may I inquire what Carlos Mesa is doing here, the
longtime ruler of Versailles Restaurant? What are you doing here?
Mr. Carlos Mesa: I've come over here to you.
Commissioner Plummer: Go away. Thank you, Mr. Mayor. Carlos, it's good to see you in
good health.
Mr. Mesa: Nice to see you again. Bye-bye.
Mayor Carollo: Commissioner, go ahead.
31 May 22, 1997
Commissioner Hernandez: Mr. Mayor, I have a pocket item. Really, it... I'm just bringing it up
on behalf of the City Manager. It's really an emergency situation, faced by the Emergency
Operations Center.
Mayor Carollo: Sure. Go ahead.
Commissioner Hernandez: I'd like to...
Mayor Carollo: Go ahead, Commissioner, bring that up now.
Commissioner Hernandez: OK, It's...
Mayor Carollo: Let me just ask you to hold on for one minute. We are done with all the
regularly scheduled items for the morning session.
Commissioner Plummer: No. We have towing.
Mayor Carollo: No. That's at two p.m., it says.
Commissioner Plummer: Oh, I'm sorry.
Mayor Carollo: And everything else we have is after two.
Commissioner Plummer: What time are we coming back?
Mayor Carollo: We'll have to come back by two so that we can do the towing.
Commissioner Plummer: "Mas o menos? Tiempo latino?"
Mayor Carollo: Two.
Commissioner Plummer: "Mas o menos."
Vice Mayor Regalado: No. Two, two, two.
----------------------------------------------------------------------------------------------------------------
13. VICE MAYOR REGALADO REQUESTS UPDATE ON REPAIRS TO TOWER
THEATER.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Mr. Mayor, will... Mr. Manager, will Jack Luft be back in the
afternoon?
Mr. Edward Marquez (City Manager): If you want him here, sure.
Vice Mayor Regalado: Because I really wanted to ask him about the Tower Theater, because we
are almost in June, and we were told officially that by May, the Tower Theater construction
would be underway.
Commissioner Plummer: Forget it.
Mr. Marquez: Mr. Luft is right outside of the room here, if you want to discuss it now.
32 May 22, 1997
Vice Mayor Regalado: No...
Commissioner Plummer: You forgot to ask what year.
Vice Mayor Regalado: Yeah, I forgot to ask what year. Either we do it or we take down the
sign that says construction begins in the fall of 1996.
Commissioner Plummer: F-A-L-L.
Vice Mayor Regalado: "Mas o menos."
Mr. Marquez: We'll change the sign.
----------------------------------------------------------------------------------------------------------------
14. DISCUSSION CONCERNING ISSUING PERMITS FOR PUBLIC PHONES
WITHOUT FIRST INSPECTING AREAS FOR ADEQUATE PARKING.
Commissioner Plummer: Mr. Mayor, if we're talking about just subjects in general... Mr.
Manager, this Commission approved, some years ago, when telephones went into private sector,
allowing private sector to put in pay phones, OK? And we allocated to many to so many. Let
me tell you that I have a case right now at Cassola's on 17th Avenue and right off of Dixie
Highway. Their parking problem there is horrendous, just for their business. Now, out of
nowhere, somebody, a private company, has gone and put a pay phone on the corner of that
property. People are stopping that have nothing to do with the business to use the telephone.
The Police Department is over there writing tickets hand over foot.
Mayor Carollo: Is that a City property?
Commissioner Plummer: Mr. Carollo, I believe that it's private property.
Vice Mayor Regalado: No. It's on the sidewalk.
Commissioner Plummer: Is it on the sidewalk? OK. The second part of that...
Commissioner Gort: What about the ones in the gas station?
Commissioner Plummer: Well, the ones in the gas station, at least there's parking, Willy, OK?
Mayor Carollo: Yeah.
Vice Mayor Regalado: No, no. The gas station has several phones.
Commissioner Plummer: They're on the other side and there's parking.
Vice Mayor Regalado: All on the other part.
Commissioner Plummer: But the one at Cassola's, whoever approved that one there, I want to
know where the parking was so that the people could go use the phone.
Mayor Carollo: Well, hasn't... Do you know if that's been approved by the City and...
33 May 22, 1997
Commissioner Plummer: Yeah. They supposedly issued a permit, but nobody, obviously, went
over and saw the conditions existing except the policemen who were writing tickets over there
yesterday. And they said, "If they don't understand what a ticket is, then we're going to start
towing, and maybe they'll understand that." But this business is trying to operate, and they are
being besieged by these phones that are there, and it's wrong. Now, I'm seeing them all over
town, Mr. Mayor, "Rent advertising space on this phone." That was never, ever to be the case.
Mr. Jack Luft (Director, Planning & Development): That is not legal.
Commissioner Plummer: Well, it's not legal, but let me tell you something. They are
proliferating like rabbits. So all I'm saying is that I would ask that somebody in the
Administration have an amendment to this private phone, that before you issue a permit, that you
go out and see that there is adequate space for people who are going to use that phone to either
park or go some place to go park. Because over there, it is horrendous. OK? Mr. Manager,
please.
Commissioner Hernandez: What part is... what parks are you talking about?
Commissioner Plummer: The parks? No, no, no.
Vice Mayor Regalado: No. 17th and...
Commissioner Hernandez: What area?
Vice Mayor Regalado: 17th Avenue.
Commissioner Plummer: Oh, Cassola's, 17th Avenue...
Vice Mayor Regalado: Cassola's.
Commissioner Hernandez: Oh. I been there.
Commissioner Plummer: Oh, it's just ridiculous.
Commissioner Hernandez: It's actually in the handicapped area.
Commissioner Plummer: Hey, they must have written 12 tickets over there yesterday, OK?
Commissioner Hernandez: People are parking right on the street.
Commissioner Plummer: And at least Agustin, who owns the place, is the gentleman he is...
paid for every one of the tickets, and it's not really his fault.
Commissioner Hernandez: I'm working with Off -Street Parking, also, to see if we could pave
the area under the... the Metrorail Station.
Commissioner Plummer: That's what it should be, for additional space.
Commissioner Hernandez: So we can put some parking meters.
Vice Mayor Regalado: Well, but remember... remember that the neighbors didn't want that
paved, that area paved, and we're going to have a problem.
34 May 22, 1997
----------------------------------------------------------------------------------------------------------------
15. VICE MAYOR REGALADO COMMENDS POLICE DEPARTMENT FOR
STING OPERATION AT CLUB CHEERS -- COMMISSIONER PLUMMER
COMMENTS ON CRACK HOUSES THAT SHOULD BE DEMOLISH ( 33
N.W.13.STREET / SOUTH RIVER DRIVE & 1 STREET / OLD SALVATION
ARMY BUILDING).
--------------- ------------------------------------------------------------------------------------------------
Vice Mayor Regalado: And by the way, last... Now that we're talking about 17th Avenue and
U.S. 1, on Friday, there was... the City of Miami, ATF (Alcohol, Tobacco and Firearms), a City
Manager representative. We did an operation, a sting operation in Cheers. There was some
liquor being sold inside to minors. And also, this club was operating without a City of Miami
license. They did have a State of Florida license, and they did not have a City of Miami license.
Now, we were also told that this could be a fire hazard. I don't know whether the Fire
Department has gone there yet. Maybe it will. But we were told around one a.m.... I was there.
I think Commissioner Hernandez also knew. You saw what was going on there, too. One a.m.,
we were told that the place was being closed because it did not have a City license. I don't know
if the City worked overtime Saturday morning, because Saturday night, it was open and there
were more people than in Friday night. The parking has become a nightmare for the neighbors
right across Cassola's, 21st... 27th Terrace up to 22nd Avenue, the parking there is really a
nightmare, because they're even blocking driveways. And the situation is getting out of hand.
Commissioner Plummer: It's getting worse.
Commissioner Hernandez: The Club is called Cheers.
Commissioner Gort: Let me ask you a question.
Vice Mayor Regalado: But I don't know... I mean, I don't know if your office is open on
Saturday morning, or whatever office of the City of Miami to sell the license, because I was told
that they did not have a license Friday night... I mean Saturday morning at one a.m. And
Saturday night, they were open, and very happy, by the way, to be open.
Commissioner Plummer: You think you saw interesting things inside of that place. You ought
to see the things I see in the parking lot. Much more interesting.
Vice Mayor Regalado: Well, the problem is that there have been some muggings in the service
station, because, you know, they park there, and we have really a situation... but we thought... I
mean, we were there with about ten police cars, ATF, and, I mean, it was the cavalry. But by
Saturday, they were happy.
Commissioner Gort: Let me ask a question. Do we have an ordinance against... I've gone by
there twelve at night, and you have over 300 people...
Commissioner Plummer: Outside.
Commissioner Gort: ... outside, walking on the streets.
Commissioner Plummer: Oh, yeah.
Commissioner Gort: I mean, do we allow that?
35 May 22, 1997
Mayor Carollo: Yeah. I don't know about 300 people, but you have dozens and dozens of
people at times in the sidewalk, on the street.
Commissioner Plummer: Oh, literally hundreds.
Mayor Carollo: They park their cars right on 17th Avenue there. It's...
Mr. John Brooks (Assistant Chief, Police Dept.): Mr. Mayor, John Brooks, Assistant Chief. We
will look into that. If there's any type of violation that's occurring there, we'll take enforcement
activity.
Commissioner Plummer: I'd like, if you would, Mr. Manager, if you'd write down the address
of 33 Northwest 13th Street. There are two crack houses there that are... absolutely need... great
need of elimination and disappearing. They are strictly crack houses. They're totally destroyed.
Also, on River Drive, that would he Northwest South River Drive at 1st Street, and including the
old Salvation Army Building. Almost 100 percent of that now is on the boats that go down the
river, and the remaining portion is being used as crack houses, and they need to be demolished.
------------------------------------------------ ---------------------------------------------------------------
16. DISCUSS / DEFER TO NEXT COMMISSION MEETING CONSIDERATION
OF EMERGENCY ORDINANCE TO APPROPRIATE $500,000 TO MODIFY
& FORTIFY FIRE TRAINING CENTER INTO CITYWIDE EMERGENCY
OPERATION CENTER (EOC) -- FURTHER REQUESTING
ADMINISTRATION TO PROVIDE MORE INFORMATION TO
COMMISSIONERS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: All right. Commissioner, you had a pocket item?
Commissioner Hernandez: Yes, I had a pocket item, on behalf of the City Manager's Office. As
you know, the City of Miami Fire Training Center has been chosen to be the location for the
City's Emergency Operation Center. In order to make this location come within... Really, what
we have to do is fortify and modify the Fire Training Center in order to qualify it to be an
emergency center. We need to bring this about in order to fortify it. We need five hundred
thousand dollars ($500,000) that has been appropriated by way of an emergency ordinance, in
order to modify this center. And that's basically the gist of this pocket item. Any questions you
have, the Manager is here.
Commissioner Plummer: I have a question. Question: Mr. Manager, this matter was discussed
a couple of years ago. Are you saying there's going to be one EOC (Emergency Operation
Center), or there's going to be two?
Mr. Edward Marquez (City Manager): Right now, we have an EOC set up in the police station.
Commissioner Plummer: Downtown in the Police Department.
Mr. Marquez: But the problem...
Commissioner Plummer: And you're going to move EOC out of there?
Mr. Marquez: Once the Fire Training College has been fortified, we will have a much better
EOC setup at the Fire College.
36 May 22, 1997
Commissioner Plummer: You're dealing with a very, very old building, not a substantial
building. In EOC moving there... what was the floor criteria before there?
Commissioner Hernandez: It's outside the flood zone.
Mr. Marquez: The Fire College is outside of the flood zone.
Commissioner Hernandez: Outside the flood zone.
Commissioner Plummer: They're outside of the zone.
Mr. Marquez: Currently, we're within it.
Mayor Carollo: Have we had input from the Fire Chief and the Police Chief on this, also?
Mr. Marquez: Yes, sir.
Mayor Carollo: OK. They're both in agreement?
Mr. Marquez: Yes, sir.
Commissioner Plummer: Well, Mr. Carollo, let me tell you what my problem is. It's twofold. I
seriously question the wisdom of moving it there, and for the reason I've always felt that at the
police station, it is in the central part of our City. And it gives us a hub of the wheel to expand
out and around. Second portion, Mr. Mayor, it is my hope and desire that within a very brief
period of time, the City of Miami will no longer have a Fire Training College. And that is in
concert with the Chief's and my - both- belief that if people want to be a City of Miami fireman,
they go to school, like if you want to be a lawyer, a doctor, anything else, and you provide your
own education, and then come apply for a job. I would hope that the day is right around the
corner where that fire college is eliminated, that we don't need it, and we don't continue to spend
all kinds of money training people, whereas outside of City government, they would go and pay
for their own training, which a lot of people today are doing. I have friends who are doing that.
Mayor Carollo: What percent of fire fighters that are hired by major cities would you say today
are coming from other areas, like the Commissioner is mentioning?
Chief Carlos Gimenez (Chief of Fire): I agree with the Commissioner in the sense that we have
to hire fire fighters that are certified to he fire fighters and paramedics. But that's not the
function, the primary function of the Fire Training Center. The Fire Training Center spends part
of its time in getting the recruits to come in and training them, like we did in the past. But the
majority of the training that goes on in the Fire Training Center is for the current fire fighters.
And we have a lot of recertifications, and we have a lot of regulations that are coming down
from the Federal government to maintain certain levels or standards of training that we do at the
training center. That's why... the training center, we need to maintain that training center, not so
much for the recruit fire fighters, but for the current fire fighters that we have on board.
Mayor Carollo: Well, that's one very valid reason. I just have to be convinced that taking the
route of not training our own Fire -Rescue classes is the way to go. I'd just be afraid that the
quality of fire fighters that we would be able to choose from would be substantially lower than
the high quality that we have now.
Chief Gimenez: What we're trying to move into, sir, is this. It's that we feel that we'd be better
off hiring what we call State -certified fire fighters and State -certified paramedics, because of the
time frame involved in training them. But we will...
37 May 22, 1997
Commissioner Plummer: And dollars.
Mayor Carollo: That's obvious.
Chief Gimenez: But we...
Mayor Carollo: But if you can't get them, you need to have the option of being able to still hold
some classes.
Chief Gimenez: There's nothing to say that if we get them certified that we're not going to be
training them anyway, because we do things a certain way, differently than the State. And so,
when we get these people, they're already certified. What it does, it cuts out some of the training
that they would have to do that we would have to pay for. But even... We would have to train
them to our methods, both in fire and EMS (Emergency Medical Services). So we would still
have to give them some sort of recruit training.
Mayor Carollo: Well, was this in the... part of the five-year plan that we approved, Mr.
Manager?
Mr. Marquez: Yes, sir. It's part of the eighteen million dollars ($18,000,000) worth of capital
improvements for this fiscal year.
Commissioner Hernandez: Mr. Mayor, the main issue is the current Fire Administration
Building, as well as the Police Administration Building are in an evacuation flood zone, whereas
this Fire Training Center will not be in an evacuation zone. So I think we're moving to a safer
place, a place that, obviously, everything can be monitored from this new location.
Mr. Marquez: It also has other advantages. First of all, it's not in the middle of police
operations, so that you will have the room to have... break out rooms to handle emergencies
more efficiently. It also will provide space for those who work in the EOC Center to bring their
families so that their... the concern...
Commissioner Plummer: My major concern is the central location. That's my major concern. I
think you can find another location. OK? Well, you see, now, he's talking about a second
system.
Mr. Marquez: The...
Commissioner Plummer: Let's discuss that now, because, you know, here we are going...
duplicating all over again, that this is going to be a backup system to another system. I mean,
you know...
Chief Gimenez: Commissioner, if I may? The...
Commissioner Plummer: Mr. Mayor, I ask that this matter be deferred till the next Commission.
Let them come and explain it to us. I so move.
Mayor Carollo: Well, you don't have to make a motion, Commissioner. If you want to, you
know, put the five-day rule, you certainly could do it. So.
Commissioner Plummer: I don't want to do that to my friend. Humberto, if you have no
problem, we can wait until the next Commission. Let them come explain all of this to me.
38 May 22, 1997
Commissioner Hernandez: Chief, when does hurricane season begin?
Vice Mayor Regalado: June 1st.
Commissioner Plummer: I want to know what the money is going to be spent for.
Chief Gimenez: No problem. Excuse me? I'm sorry.
Commissioner Hernandez: Hurricane season begins June 1st?
Chief Gimenez: It begins June 1st. We'd like to get this project going so that we could have it
for the... what we call the major part of the hurricane season, which is August/September time
frame.
Commissioner Plummer: Labor Day, yeah, Labor Day.
Mayor Carollo: All right. The item will be deferred.
----------------------------------------------------------------------------------------------------------------
17. TEMPORARILY CODESIGNATE N.W. 1 AVENUE "MIAMI HEAT
STREET" -- MAYOR CAROLLO COMMENDS HEAT COACH PAT RILEY.
-------------------------------------------------------------- -------------------------------------------------
Mayor Carollo: If I can, I have one resolution that I would like to bring up.
NOTE FOR THE RECORD: At this point, Mayor Carollo reads the
pending resolution into the public record.
Commissioner Plummer: Second.
Mayor Carollo: I think that the Miami Heat, the whole time, and particularly Coach Riley really
need to be commended for the outstanding job they have done in getting as tar as they have.
Obviously, we wish them the very best, and we still feel they could win it all, go all the way.
But whatever the outcome is, we're very proud of them, and we want to let them know now that
we're rooting for them, and, you know, we're very proud of the job they've done.
Commissioner Plummer: We should need to send Humberto Hernandez to teach them how to go
from the free throw line, at nine point seven million dollars a year.
Commissioner Gort: Mr. Mayor, before we go, I have a letter from Barbara Howard, which you
all have a copy of it, from Barbara. Barbara, you want to address this?
Commissioner Plummer: Barbara Howard? I've heard of her.
Vice Mayor Regalado: Did we vote on this one? No.
Mayor Carollo: Yeah.
Vice Mayor Regalado: No, we haven't.
39 May 22, 1997
Mayor Carollo: Yeah, the... I need a motion and a second on the Heat.
Commissioner Hernandez: I make a motion on the codesignation.
Commissioner Plummer: Second.
Mayor Carollo: OK. Moved by Commissioner Hernandez, seconded by Commissioner
Plummer.
Commissioner Plummer: I'm assuming they've taken the Panthers down.
Mayor Carollo: Well, if they didn't, they will.
Commissioner Plummer: The Panthers sign was up.
Mayor Carollo: All in favor, signify by saying "aye."
i
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
i
RESOLUTION NO. 97-351
A RESOLUTION OF THE MIAMI CITY COMMISSION TEMPORARILY
CONDESIGNATING THAT PORTION OF N.W. FIRST AVENUE BETWEEN N.W.
SIXTH AND N.W. EIGHTH STREET AS "MAIMI HEAT STREET" UNTIL
DECEMBER 31, 1997.
(Here follows body of resolution, omitted here and on file in the Office of the City
4 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.
40 May 22, 1997
----------------------------------------------------------------------------------------------------------------
18. DENY REQUEST FOR GENERAL FUND MONIES FOR ANNUAL
CONFERENCE ON CRIME PREVENTION -- DIRECT POLICE CHIEF TO
MEET WITH BARBARA HOWARD TO REVIEW REQUEST FOR OTHER
FUNDING SOURCES -- SEE LABEL 29.
------------------ ---------------------------------------------------------------------------------------------
Commissioner Plummer: Barbara Howard. I've heard of her.
Ms. Barbara Howard: Good morning, gentlemen. My name is Barbara Howard. I'm at 11818
Southwest 100th Terrace. I am here before you today in the capacity of consultant to the City of
Miami Police Department and Metro -Dade Police Department for an event that is happening in
our City next week. As you know... And you should have received from Major Gerald
Darling's office, a conference brochure and invitation. Next week, beginning the 28th through
the 31st, the Attorney General's Office will hold their 12th Annual Conference on Preventing
Crime in the Black Community, and Miami is the host City for this event this year. As is the
custom, each year, the host City's Police Department hosts a reception for the people who are
corning in from all over the country - from California, Nevada, Chicago, Baltimore, Chiefs of
Police, people from universities, and from nonprofit organizations all across the country are
coming. We expect about 1,500 people or so to come in for the conference, beginning on
Wednesday. The host committee is the City of Miami Police Department and Metro -Dade
Police Department. And there will be a host reception on the 29th, Thursday, the 29th, from six
to nine at Terminal 12. We are here today because the Metro -Dade Police Department have
been able to come up with a portion of the money to underwrite the cost of this event.
Unfortunately, this was scheduled before anything that you have to deal with. And I understand
the situation. We would need to have some additional funds to carry out what has been designed
for that Thursday. And so I respectfully request that you look deep.
Mayor Carollo: Barbara...
Ms. Howard: I understand.
Mayor Carollo: ... I respectfully have to inform you that this Commission, some months ago,
made a resolution where we would cut out funding across the board for every single organization
request, fee waivers, you name it. We have done that across the board for everyone. And I don't
see how we could break the rule on this issue. The basic problem the City has is that I'm
beginning to feel that there are many that think that because we got the five-year plan approved
that, hey, everything is 100 percent all right, we could go back to spending more funds, and
that's not the case. We have a five-year plan that was approved. Now, we have to make sure we
implement the commitments that we made. And we still have a lot of hard work ahead, and we
have to be very, very careful how we spend every single dollar. And if we would approve this,
it's opening the flood gates for many other organizations, and many worthy organizations - for
instance, the Martin Luther King Parade, the Three Kings Parade in Little Havana, the Brigade
2506 - so many others that we haven't contributed to. We told them all no. Now, the only thing
that I would suggest... And I don't know if the Police Chief is here or not, but if not, I will make
sure that he calls you. Through the LETF (Law Enforcement Trust Fund) funds that they have.
And that cannot be used in the general fund or in any of the other things that I mentioned. Those
are... strictly are monies that the Police Department gets from confiscated properties and monies,
and they can only use it in certain expenditures, and this might fit one of those, since it's police
related, with this conference. But you...
41 May 22, 1997
Commissioner Plummer: How much are you talking about?
Ms. Howard: Fourteen thousand.
Commissioner Plummer: And you're telling me that the Miami Police Department, with a
hundred million dollar ($100,000,000) budget, doesn't have fourteen thousand dollars
($14,000)?
Mayor Carollo: J.L.? J.L.?
Commissioner Plummer: Yeah.
Mayor Carollo: The hundred million dollars ($100,000,000) is from the general fund. And if
they've got fourteen thousand dollars ($14,000) they could give to any organization, then they'd
better give it back to the general fund so we could...
Commissioner Plummer: Well, Mr. Mayor, just for clarification, I'm not saying giving it to an
organization. This is a seminar on crime being sponsored by the Attorney General of the State of
Florida.
Mayor Carollo: True, but what...
Commissioner Plummer: This is not the same as a Kiwanis, or the art festival, or that, which I
would not speak to that issue about. But this is a seminar on crime, which I think is well within
the rights of the Police Department to budget money for that. You can question... You can
question whether attitude adjustment is the proper use of the money, but they can take other
monies for the attitude adjustment and take the fourteen thousand for the seminar education.
That was the reason I made the statement as I did.
Mayor Carollo: Well, Commissioner, I respectfully would disagree with that. because...
Commissioner Plummer: OK. That's your right.
Mayor Carollo: ... I think that the appropriate place that the Police Department should look for
those funds is out of the general fund dollars, out of the taxpayers' dollars, and those are the
funds that they are getting from confiscated vehicles, homes, cash, that the City will be receiving
monies from. You know, Barbara, I wish that I could help. I really do. But if we approve even
one dollar ($1) to any organization, I'm going to have them lining up, one after another, and
we're going to be back, you know, into having another deficit.
John Brooks (Assistant Chief, Police Department): Mr. Mayor, just for the record, we were
involved in the planning of this conference way back when the Attorney General's Office first
came to us about a year ago. We have... one of our police majors is assigned as a liaison with
this. We've put a lot of time and effort into it. We originally thought that the request was going
to be for about thirty-five hundred dollars ($3,500). Chief Warshaw is aware of this, and would
be looking at maybe an LETF expenditure, if it's the will of the Commission. I didn't realize it
was fourteen thousand, but we thought it was more in the range of three thousand. But that
would be a decision of the Commission on an LETF.
Mayor Carollo: No, no. That's the decision the Police Chief has to make, because by law, we
cannot tell him how to spend that money. That's his decision, so don't throw the monkey on our
back.
Assistant Chief Brooks: OK, sir.
42 May 22, 1997
Mayor Carollo: You have the Chief sit with Ms. Howard and discuss it with her, and they work
it out.
Assistant Chief Brooks: Yes, sir, will do.
Ms. Howard: Thank you.
Mayor Carollo: Thank you, Barbara. Good luck.
------------------------------ ---------------------------------------------------------------------------------
19. EXPRESS COMMISSION'S SOLIDARITY WITH NICARAGUAN FAMILIES
AFFECTED BY IMMIGRANT RESPONSIBILITY ACT OF 1996 -- SUPPORT
CLASS ACTION SUIT 97-790.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: I have one more, which is a copy of a resolution which was passed by the
Dade County School Board. It says...
NOTE FOR THE RECORD: At this point, Commissioner Gort
reads the resolution into t e public record.
Commissioner Gort: We have a lot of Nicaraguan residents within the City of Miami that will
be affected. Not only will it be affecting the residents of the City of Miami, but the economics
of the City of Miami. I'd like to have a resolution.
Mayor Carollo: Can you read the resolution, Commissioner?
Commissioner Gort: The resolution... Do you have one? Yes.
NOTE FOR THE RECORD: At this point, the City Attorney reads
the proposed resolution into the public record.
Mayor Carollo: There is a motion by Commissioner Gort, second by Vice Mayor Regalado. For
discussion. Mr. City Attorney, would it be appropriate if we would send a copy of that
resolution to the Federal judge handling this case?
A. Quinn Jones, III, Esq. (City Attorney): Let me think about that.
Mayor Carollo: OK. Well, you let us know if it is or not, because I was requested if we could
do something like that, and I don't want to do anything that is not appropriate, and you know
why, and... several cases that we have before this judge. So if you could let us know that. In the
meantime, we'll pass this resolution. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
43 May 22, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-352
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
SOLIDARITY WITH NICARAGUAN FAMILIES AFFECTED BY PASSAGE OF
THE IMMIGRANT RESPONSIBILITY ACT OF 1996 AND SUPPORTING CLASS
ACTION SUIT NO. 97-790, FILED MARCH 26, 1997, BEFORE THE UNITED
STATES FEDERAL COURT, SEEKING RECOGNITION OF THE REFUGEE
STATUS OF NICARAGUANS AFFECTED BY PASSAGE OF THE IMMIGRANT
RESPONSIBILITY ACT OF 1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Mr. Clerk, can you draft that resolution up as soon as you can, hopefully by
tomorrow, so that I can sign it?
Mr. Walter Foeman (City Clerk): You mean...
Mr. Jones: It's already drafted, Mr. Mayor.
Mayor Carollo: OK. Well, can someone get it for me, so I can sign it?
Mr. Foeman: Sure, Mr. Mayor.
Mayor Carollo: Thank you.
----------------------------------------------------------------------------------------------------------------
20. TABLE TO AFTERNOON SESSION CONSIDERATION OF REQUEST FOR
FEE WAIVERS FROM "THE MIAMI TIMES" -- FOR COMMUNITY
HEALTH FAIR SCHEDULED FOR MAY 31, 1997.
Commissioner Gort: Mr. Mayor, my last one is the... You all have a copy, which is a letter that
was sent to my office by Lauren C. Bellamy. She's media marketing coordinator for Miami
Times Newspaper. And once again, it's requesting for the waiver of fee. And although we've
told the people we would not waive anyone's fee, they asked me to put them on, and I'm putting
them on.
44 May 22, 1997
Mayor Carollo: OK. In the agenda? Well, do they want to come here, or are they here? Or...
Commissioner Gort: I don't think they're here.
Mayor Carollo: OK. Well, if you want, you can bring it back in the afternoon, if they're here.
Commissioner Gort: OK.
Commissioner Plummer: It's only going to be a while longer, people will understand, and we
won't be getting those requests.
Mayor Carollo: Yeah.
Vice Mayor Regalado: Mayor...
Commissioner Hernandez: Mr. Mayor...
Commissioner Gort: Some of those individuals we've been able to help with the private sector,
and so on.
---------------------------------------------------------- -----------------------------------------------------
21. (A) EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE
FUND ACCOUNT "SOCIAL PROGRAM NEEDS / WELFARE
REFORM" -- FOR DONATIONS TO ASSIST RESIDENTS
IMPACTED NEGATIVELY BY FEDERAL WELFARE REFORM
ACT -- FURTHER AUTHORIZING MANAGER TO ACCEPT &
DEPOSIT DONATIONS / CITY TRANSFERRED FUNDS / SOLICIT
FOR DONATIONS.
(B) AUTHORIZE TRANSFER OF $10,000 FROM ACCT. 210201-010 TO
SPECIAL REVENUE FUND "SOCIAL PROGRAM NEEDS /
WELFARE REFORM".
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: I have two pocket items. One is something that we discussed several
meeting ago, and now, I'm bringing a motion to approve an emergency ordinance establishing a
special revenue fund entitled "Social Program Needs Welfare Reform," in addition to approving
a resolution authorizing the transfers of funds in the amount of ten thousand dollars ($10,000)
from my office to the special revenue fund account that will be used at the discretion of this
Commission, and also of the City Manager. The reason for the emergency account, which we
have donations already, is that as we heard this morning, the situation is not resolved in
Washington, and we're going to have to deal with the problem here in the City of Miami. So by
creating this emergency fund at the will of the Commission, we could help people within the
City of Miami, and because I was told by Dipak and the City Attorney that I could do it, I am
transferring funds from my office to this special fund. I have the copy of the two... of the one
ordinance and the resolution regarding the transfer of funds. This is my pocket item, and I will
give you copies of the resolution.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, if...
Vice Mayor Regalado: So there is a motion.
45 May 22, 1997
E
Commissioner Plummer: I'll second your motion.
Commissioner Hernandez: I'll second it.
Commissioner Plummer: It's funds coming from your office.
Mr. Jones: They are two separate items. If you have... let's have a...
Vice Mayor Regalado: They are two separate items.
Mr. Jones: If there's a consensus, there's a motion. Let's have a motion on the ordinance first,
and then I'll read it.
Vice Mayor Regalado: All right.
Commissioner Plummer: Second it.
Commissioner Hernandez: There's a second.
Vice Mayor Regalado: OK.
Mayor Carollo: There's a motion and there's a second. OK. Call the roll, please.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ACCOUNT ENTITLED: "SOCIAL PROGRAM NEEDSIWELFARE
REFORM" FOR THE RECEIPT OF FUNDS TO BE ACCEPTED BY THE CITY
AS DONATIONS FROM THE PRIVATE SECTOR AND OTHER EXTERNAL
SOURCES TO PROVIDE ASSISTANCE TO THOSE INDIVIDUALS
NEGATIVELY IMPACTED BY THE NEWLY ENACTED FEDERAL WELFARE
REFORM ACT; AUTHORIZING THE CITY MANAGER TO: (1) ACCEPT AND
DEPOSIT ANY AND ALL DONATIONS RECEIVED BY THE CITY TO SAID
ACCOUNT; (2) ACCEPT AND DEPOSIT CITY FUNDS TRANSFERRED TO
SAID ACCOUNT; (3) SOLICIT FOR DONATIONS; (4) EXECUTE ANY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IF
NECESSARY, TO IMPLEMENT ACCEPTANCE OF SAID DONATIONS; AND
(5) ALLOCATE SAID DONATED AND TRANSFERRED FUNDS AS DEEMED
APPROPRIATE BY THE CITY COMMISSION AND/OR THE CITY MANAGER
IN AN AMOUNT NOT TO EXCEED THE TOTAL MONIES DEPOSITED INTO
SAID ACCOUNT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
46 May 22, 1997
I
was introduced by Vice Mayor Regalado and seconded by Commissioner Plummer, 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 Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Mayor Regalado and seconded by
Commissioner Plummer, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11489.
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.
Mr. Jones: Mr. Mayor, you need a vote on the other, which is a resolution.
Mayor Carollo: On the resolution, yeah.
NOTE FOR THE RECORD: At this point, the Mayor reads the
proposed resolution into the public record.
Commissioner Hernandez: I second the motion.
Commissioner Plummer: Second the motion.
Mayor Carollo: OK. All in favor, signify by saying"aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
47 May 22, 1997
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-353
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM ACCOUNT
CODE NO. 210201-010, IN THE AMOUNT OF $10,000.00, TO THE SPECIAL
REVENUE FUND ACCOUNT ENTITLED: "SOCIAL PROGRAM
NEEDS/WELFARE REFORM"; AND AUTHORIZING THE ALLOCATION OF SAID
FUNDS AS DEEMED APPROPRIATE BY THE CITY COMMISSION AND/OR THE
CITY MANAGER.
(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.
----------------------------------------------------------------------------------------------------------------
22. DISCUSS REQUEST TO MAINTAIN CITY POOLS OPEN FOR LONGER
PERIOD -- DIRECT ADMINISTRATION TO FOLLOW UP PROVIDING
YOUTH ORIENTED ACTIVITIES IN ELIZABETH VIRRICK PARK --
DIRECT ADMINISTRATION TO PLACE NON-SCHEDULED
APPEARANCES AT END OF AGENDA EXCEPT FOR EXTREME
EMERGENCIES.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We have two minutes before we break for lunch.
Commissioner Hernandez: Mr. Mayor, before we break for lunch... and then the Manager, I
think, has something to say. I'd like to give a personal appearance. Mr. Jones is here on behalf
of a group of citizens from the north side of the City of Miami. And as you know, the summer is
coming up. There's almost two weeks before or two and a half weeks before school ends. And
they have a serious concern over the closings of our City pools, especially the Miller J. Dawkins
Pool, and the public pool that we have in the Jose Marti Park.
Mr. Leroy Jones: My name is Leroy Jones, 4015 Northwest 17th Avenue. First of all, I'd like to
thank Mr. Hernandez for giving us the time to come out and express the way we feel. I'm with a
group called Brothers of the Same Mind, which is approximately 140 young guys in the
community, starting to do things in the community. Just recently, we held a candle light vigil for
Mr. Arthur McDuffy, and we had a pretty good turn out. It was over 200 people turned out,
where we fed the community and did things for Mr. McDuffy's family. The reason why we are
48 May 22, 1997
here is because we are concerned about the two pools that was closed down, the Miller Dawkins
Pool and Jose Marti Pool. And the reason why it's important is because when I grew up, I grew
up in the projects in Largemont, a young man. Every day after school, that park was important.
It was Largemont Park. Every day after school, we went to that park. That park was our whole
life, from school to that park. By the time I got 16 years old, for a reason... I don't understand
why, and... because all the programs this park had, they closed the park down. By the time I was
17, I started going in and out of Youth Hall and County Jail. It was sad to that... that park was
the only thing that kept us out of trouble. Now that I'm older, I understand how important it is
that we have things in the community for our kids. And the reason why is because we can
always find money for the Police Department, we can always find money for all these groups
and organizations that have something to do with law enforcement and stuff like that. But what
about our kids? I started to bring a bus load of kids down here, but it was important that they be
in school. I know how important schools are, so I felt as though I had to come down here to
represent the kids, to speak for the kids. No other place in the world I would rather be right now
than to put myself here to speak to you all about the kids. Why do we have to make the kids
suffer for something that they have no control over? I mean, I understand, sixty-eight million
dollars ($68,000,000) is missing from the City, but I also understand those kids don't have
anything to do with that money that's missing. So for us to take a program, these two programs,
and I'm not just speaking for the pool that's in the black community, the Miller Dawkins Pool,
I'm speaking for the Juan Martinez Pool, too, because kids are kids, regardless of what color or
where they come from. Both of those pools are important. I understand through a meeting that
they had at Northwestern that the pool is going to be open for the summer for two months, but
what about after the two months? It's Miami. We got summer all yearround, all yearround.
Mayor Carollo: You're right. And that's why we're working to try to find the funds to keep the
pools open. And I assure you that all five members of this Commission very much want to do
that, because everything you said is correct. We need to start putting more monies, more of our
time into the Parks Department, because the easiest way to not have to spend more money than
we normally should on police is by investing in our youth. And I very much agree with you.
Commissioner Hernandez: Mr. Mayor, my... What I was discussing with Mr. Jones a couple of
weeks ago is the possibility if we can look into... and they can get together with the Manager's
staff to see if at least we can find the funds to extend at least an extra month. We have it
supposedly open for two months now. Let's see if we can get at least... cover the entire summer,
the entire summer months. I don't know if we have the money, but if we can look into that.
Commissioner Gort: Mr. Mayor, next week I'm supposed to be getting together with the Parks
Department, as you assigned that department to myself, and one of the things that I've been
talking to Al Ruder for a while now is the opening of the pools. So we're going to be
identifying, seeing where we can find funds, even from the private sector, to maintain it, to keep
it open one more month, and then keep it open yearround, and see what kind of programs we can
establish, in coordination with the police. They had some excellent programs, the Optimists and
the different clubs from that area.
Commissioner Hernandez: Leroy, as the Mayor said, the Commission, as a whole, is committed
to find funds, and to really invest in juvenile programs, especially recreational in nature. So I'm
sure Commissioner Gort with... hand in hand with Albert Ruder, Director of Parks and
Recreation, will be working, and I think you should get together with them whenever you can
and see what you guys can come to a conclusion on.
Mr. Jones: If I can say this, Commissioner...
Commissioner Gort: I'm going to have my first meeting next week with the Parks Department,
to see the budget, what they have and all that. After that, we'll he more than glad to get together
with you all and see what we can do together.
49 May 22, 1997
Mr. Jones: It I can say this, Mr. Mayor.
Mayor Carollo: Certainly.
Mr. Jones: Is it possible that after the two months are over and the pool is supposed to be closed
down, is it any way we can keep those pools open on the weekend? Because I know how
important it is to go to school, but at least if we can have them open on Saturdays and Sundays,
at least the kids won't be in the streets and don't have anything to do on the weekend.
Mayor Carollo: We will do everything possible to make that happen. Mr. Ruder, what was the
amount of savings that the City was going to save by keeping the two pools open only the two
months and then closed the rest of the year? Do you remember?
Albert Ruder (Director, Parks & Recreation): The two pool... The number in the Stierheim plan
was a hundred and fifty thousand, but it was not a full fiscal year, because it went into effect in
January.
Mayor Carollo: Right. But for a full fiscal year, do you remember how much it was?
Mr. Ruder: It's about two hundred thousand, two to two fifty.
Mayor Carollo: Two to two fifty. OK.
Mr. Jones: Can I say this, Mr. Mayor? A lot of people don't understand that when this water be
taken out of these pools, it do damage to the pools. So right now, we're looking at two pools
with no water in it, that the sun is destroying. So before the kids can get back in the pool, it have
to money spent on the pool to make it feasible enough for them to get back into the pool. So if
we can keep the water in the pools and open the pools on the weekends, Saturday and Sunday,
until we can get the funds, until we can do this big contract with the Heat, leasing them that land
to get this money, and then we can have the money to operate these pools all yearround, like they
supposed to be open.
Mayor Carollo: Well, we will do everything possible to accomplish that. I thank all of you very,
very much for being here today and taking your time and expressing that to us. I think you have
the right attitude, and all of you could be a major help in our community in being role models
and helping with many of the younger guys out there, and showing them the way. But we've got
to help you, too. And we not only have to try to keep those pools open longer, but at the same
time, find the funds to have more related sports activity programs in the parks. One thing that I
should let you all know is that the City of Miami committed, in that committee has given one
point seven million dollars ($1.7 million) of its Park for Bonds monies that we could spend in
any part of the City to go in part to Moore Park. About a million of that is going to Moore Park,
where... with the YET (Youth Education Town) Centers, like the one that was built already, the
first one. We're going to make that into a major tennis center, with a basketball gym, and many
other sports -related activities. Over at Grapeland Park, the other seven hundred thousand dollars
($700,000) will be spent to make it into a major baseball park. That's the monies we've given.
Now, the YET Centers are going to be receiving at least an equal amount, another one point
seven, from private sources, including the National Football League. So that's a major start of
something that we have never had in this community. We're going to keep doing additional
things in our parks. For instance, today, Nike awarded sixty thousand for the basketball courts.
We could have chosen any park in the City when they came to us, but we told them we wanted
Hadley Park, and that's going to be sixty thousand, where the basketball courts will be
resurfaced. So we're doing everything we can. We understand what you're saying, and I'm very
glad that you all came today, because that just reinforces to us that we've got to keep trying even
harder.
50 May 22, 1997
Mr. Leroy: Mr. Mayor, I want to thank Nike for the contribution that it's making to the Charles
Hadley Park, but can we not... never let this situation happen again? I mean, because that's the
most important thing we got, is those kids, and this should never happen, never again.
Mayor Carollo: You're right.
Mr. Leroy: Never. I mean, it's great that other organizations want to come in and lend money,
and do money to do things, but we got to think about our kids ourselves. I mean, if Nike wasn't
there, who would be there for our kids?
Mayor Carollo: You're absolutely correct. Thank you very much.
Mr. Leroy: Thank you.
Mayor Carollo: Sure. You all have a good day.
Mr. Richard Chalman: Good morning.
Commissioner Plummer: Mr. Mayor... Mr. Manager... This City Commission went on record
some time ago, and I guess I'm asking a question, as well as making a statement. Mr. Manager,
the Virrick Park in Coconut Grove, we have no active program in Virrick Park. This
Commission took a stance and made a policy that as soon as the Family Health Clinic moved
out, which they are in the process of doing, if not completed, that the first right was to be a
youth -oriented park. Even talked about the Boys and Girls Club raising the money and doing
management of that facility. Now, nothing has happened, to my knowledge. I don't know if, in
fact, they have moved out.
Commissioner Gort: They have.
Commissioner Plummer: They have? They have not?
Mayor Carollo: Who has?
Commissioner Plummer: The Family Health Clinic of... it's a branch of Jackson Hospital.
Mayor Carollo: Where is it at now?
Commissioner Plummer: It's on Virrick Park. It's in the middle of Virrick Park.
Mr. Ruder: It's been there for years.
Commissioner Plummer: So all I'm asking is, is to bring a memo to this Commission. Ms.
Armbrister asked the same question, "When are they moving out?" OK? So I would like to get
it perceived that, in fact, that some facility is in Coconut Grove that does not exist today. The
only thing that we're able to use down there is an open field of Armbrister Park. We've been
raising money. We will continue to raise money, but we have to have something, for example,
like Virrick Park, to start some kind of a program. Boys Club... Boys and Girls Club is willing
to go in and help raise the money. They're willing to go in and do the training. God knows, they
do a fantastic job. So please bring us up to date, because the standing rule of this... the policy of
this Commission is that they boys... youth have the first right of that park.
Mayor Carollo: All right. J.L., before we proceed, if we could have the gentleman with the
group make a statement.
51 May 22, 1997
Mr. Chalman: Good morning, Commissioners. My name is Richard Chalman. And even
though I am... I have an English name, I come from a Hispanic ancestors. And I am in here in
my capacity as a citizen and a member of this group, and part of the community. First of all, I
would like to recognize everything that you are doing to deal with this deficit, which I am sure is
not the fault of the people that are in here and the ones suffering the hardship of this. And I
believe that we are aware, all of us, that there are an explosion coming up, not only the deficit. It
have to do even with this welfare act they're cutting, which is affecting most of the poor people,
because we know that people with an average of thirteen dollars ($13) is in the poverty level. So
also, all of this will bring this explosion. We have the catharsis. Some way, we have to do it
some way. The effect of the family, the poor family suffering all of these cuts, the pressure will
be put on our children, and our children are our future. Right now, we are cutting the cake by
the wrong way. OK? We have to be aware of this and do whatever we can do in order to avoid
this situation, like closing this pool for these children. Again, I want to thank you for whatever
you have been doing and whatever thing you can do in the future to avoid this situation. Thank
you.
Mayor Carollo: Thank you very much. Thank you all for coming again.
Mayor Carollo: OK. now, we're going to break for lunch. Commissioners, you all said two -
thirty?
Unidentified Speaker: Yeah, two -thirty.
Vice Mayor Regalado: "Mas o menos," two -thirty.
Mayor Carollo: OK. Well, two -thirty sharp, we'll be back for... Two -thirty sharp, we'll return
then.
Commissioner Plummer: Yeah, right.
Mr. Billy Rolle: Mayor Carollo, can I get one minute, please, sir, in acceptance...
Mayor Carollo: Billy, we're breaking up. We've overextended the time.
Mr. Rolle: Will you do anything this afternoon for that pocket item?
Mayor Carollo: Excuse me?
Mr. Rolle: Acceptance of a payment plan. That's all I... 30 seconds.
Mayor Carollo: You come back this afternoon. If the Commissioner...
Mr. Rolle: What time?
Mayor Carollo: We come back at two -thirty. But I don't know if we could take it up then. You
might want to come back later on.
Mr. Rolle: See I've... since eight o'clock this morning. I don't know what the...
Commissioner Plummer: Mr. Mayor, Mr. Mayor, we're going to have...
Mr. Rolle: ... the Manager want... just want to accept the plan.
52 May 22, 1997
Mayor Carollo: Yeah, but Billy, you've been around a long time. You know the procedure.
Talk to the Manager. See if he could bring it up then.
Commissioner Plummer: Mr. Mayor, I think that we need to talk about the policy of this City
Commission that's not being adhered to. The people that are not on an agenda - and I'm not
speaking to Billy or anyone in particular - come after the meeting is concluded and all agenda
items have been taken care of, so that people who are here on normal agenda items are not
inconvenienced. So, Mr. Manager, in the future, the policy of this Commission is that anybody
that wishes to testify, except in extreme emergencies, has to wait until the agenda is completed,
and then we'll discuss them at that time, not to inconvenience other people.
Mr. Rolle: Yes, sir.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:15 P.M. AND RECONVENED AT 2:43 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING MAYOR CAROLLO AND COMMISSIONER
GORT, FOUND TO BE PRESENT.
-------------------------- -------------------------------------------------------------------------------------
23. DISCUSS / DIRECT ADMINISTRATION TO STUDY FEASIBILITY OF
HOUSING ALL DISPATCHERS AT FIRE COLLEGE.
(INAUDIBLE COMMENT NOT ENTERED IN THE PUBLIC RECORD)
Commissioner Plummer: All dispatching from that point, to help eliminate the problem with
dispatchers, duplication of cost.
Mr. Marquez: That's something I need to check into. I know that the Fire Department would
prefer to have its dispatchers based out of there.
Commissioner Plummer: Well, we've talked about for a long time having all dispatching from
all general area. And it would seem like to me that that would be the opportune time to do it. If
you haven't looked into it, I think you should, so that we can possibly do it all at one time.
Mr. Marquez: We'll check it out, sir.
Commissioner Plummer: Mr. Vice Mayor, let's do it.
NOTE FOR THE RECORD: Commissioner Gort enters the
Commission chamber at 2:44 p.m.
53 May 22, 1997
MINUTES OF THE PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of May, 1997, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 2:45 p.m. by Vice Mayor Tomas Regalado with the
following members of the Commission found to be present:
ALSO PRESENT:
ow ABSENT:
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Edward Marquez, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
24. AMEND ORDINANCE 10544 -- FROM DUPLEX RESIDENTIAL TO
MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL -- CHANGE FUTURE
LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN --
LOCATION: 521-23-25-27-35-37-45 N.W.23 CT. -- APPLICANTS: CALIX /
NOAL / LOYNAZ / FIALLO.
Vice Mayor Regalado: Yes. Good afternoon. We are on zoning matters, and as Commissioner
Plummer said, the Mayor has called. He apologized that he is a little late, and he wants to
participate on the towing issue. To the members of the towing industry, we say that we have
time to listen to everyone who wants to say what they think about the situation, and what they
think should be done, and as soon as -OK, we have four - as soon as the Mayor gets here, so you
will have a full board, and you will have the benefit of having all the members of this
Commission listen to what you have to say. So having said that, we're going to go into zoning
matters. PZ-1 is a second reading ordinance.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-1 is a change... 1 and 2 are actually
companion items. They're change of zoning for 521 through 45 Northwest 23rd Court. These
have been approved on first reading. They went up to DCA (District Court of Appeals).
54 May 22, 1997
They've come back, and have been found in compliance. The applicant is here today to ask for a
modification in the covenant before it's recorded after second reading, and I'll let the applicant
explain.
Ms. Heather Rutecki: Good afternoon. For the record, my name is Heather Rutecki, with offices
at 100 Southeast 2nd Street, Miami, Florida.
Commissioner Plummer: Are you registered as a lobbyist?
Ms. Rutecki: Yes, I am.
Commissioner Plummer: Have you been sworn in?
Mr. Walter Foeman (City Clerk): No. 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.
Ms. Rutecki: I represent the homeowners at 521 through 45 Northeast 23rd Court in Miami. At
first reading, we offered a voluntary covenant, which was accepted by the Commission. And
during discussion of the covenant, the number of units, we accidentally miscounted, and one unit
was not accounted for. During that same reading, Robert Lavernia had stated there were ten
units, and I incorrectly stated there were nine. But, in fact, there were ten. So I have prepared
my covenant for ten units. It's fully executed.
Commissioner Plummer: The City Attorney has reviewed the covenant and finds no problem, or
the department finds no problem. Mr. Vice Mayor, I move PZ-1.
Commissioner Hernandez: Second it.
Vice Mayor Regalado: OK.
Commissioner Plummer: Let the record also reflect that no one came up to speak in opposition.
Vice Mayor Regalado: There is a motion by Commissioner Plummer, second by Commissioner
Hernandez. Do we need to have the City Clerk...
Mr. Joel Maxwell (Deputy City Attorney): Read the ordinance.
Vice Mayor Regalado: Right. Read the ordinance.
Commissioner Plummer: Read the ordinance.
Vice Mayor Regalado: Roll call.
55 May 22, 1997
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 521-23-
25-27-35-45 NORTHWEST 23RD COURT FROM DUPLEX RESIDENTIAL TO
MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL; 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 March 26, 1996, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Hernandez, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11490.
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.
----------------------------------------------------------------------------------------------------------------
25. AMEND ORDINANCE 11000, ARTICLE 4, SECTION 401 -- CHANGE
ZONING FROM R-2 TWO FAMILY RESIDENTIAL TO R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL -- LOCATION: 521-23-25-27-35-37-45
N.W. 23 CT -- APPLICANTS: CALIX / NOAL / LOYNAZ / FIALLO.
Vice Mayor Regalado: PZ-2 is a companion.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Vice Mayor Regalado: OK. There's...
Commissioner Plummer: Assuming the City Attorney is satisfied that all our matters are in
order.
Mr. Maxwell: That's correct. And the... and the covenant that Commissioner Plummer just
spoke of applies to PZ-2, actually, not PZ-1.
Commissioner Plummer: Let the record also reflect no one came forward to speak in opposition.
56 May 22, 1997
Vice Mayor Regalado: OK. Read the ordinance. 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 4-2 TWO-FAMILY RESIDENTIAL TO R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL FOR THE PROPERTY
LOCATED AT 521-23/525-27/535-37 AND 545 NORTHWEST 23RD COURT,
MIAMI, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 34 OF SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of March 26, 1996, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11491.
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.
Vice Mayor Regalado: PZ-3...
Ms. Rutecki: Thank you.
----------------------------------------------------------------------------------------------------------------
26. APPROVE TERMINATION OF CONTRACT WITH GREGORY
INTERNATIONAL OF FLORIDA, INC. -- FOR MELREESE GOLFCOURSE
RENOVATIONS PROJECT, B-3255.
Commissioner Hernandez: Mr. Vice Mayor?
Vice Mayor Regalado: Sure.
Commissioner Hernandez: Before we continue on the zoning agenda, there's a group that was
here with a recommendation from the City Manager, a resolution that's before us. I think you
have a copy, involving Melreese Golf Course and the contract that's in existence right now with
the developer, the general contracting firm. They've been here since the morning, just to get rid
of... so they can leave.
57 May 22, 1997
Mr. Edward Marquez (City Manager): Mr. Vice Mayor, we have before you a resolution which
will approve the termination of the contract between the City of Miami and Gregori
International, should Gregori International not be able to complete the construction work at the
golf course within a period of time. Attached to the resolution, and as approved by the project
manager, which is Bunkers, Inc., is a completion... punch list of items that are necessary to
complete the work on hand. We had default of the... Gregori International in the past, but it
takes an action of the City Commission to terminate them. We're hopeful that Gregori
International can complete the task within the time frame, and we can, you know, be done with
this part of the job.
Vice Mayor Regalado: Well, what was the time frame?
Commissioner Hernandez: Three weeks. Three weeks, I was told. Right?
Mr. Jim Kay (Director, Public Works): We had... It would be two weeks from today.
Commissioner Hernandez: I make a motion to accept the resolution by the City Manager.
Commissioner Plummer: Well, let's... out for discussion.
Vice Mayor Regalado: OK.
Commissioner Plummer: I'll second it. I don't know who this man is going to speak for or
against.
Mr. David Swimmer: My name is David Swimmer, and I'm an attorney with offices at 8525
Southwest 92nd Street, and I represent Gregori International of Florida, Inc.
Vice Mayor Regalado: Excuse me. Have you been sworn in?
Mr. Swimmer: No, I have not been sworn, but I am a lobbyist.
Commissioner Plummer: No, but you don't...
Mr. Walter Foeman (City Clerk): This is a regular Commission agenda item.
Vice Mayor Regalado: All right, all right, all right.
Commissioner Plummer: Excuse me. This is not a zoning issue.
Vice Mayor Regalado: All right. Correct.
Mr. Swimmer: What I would suggest to the Commission, before you accept the
recommendations of staff, this is a rather complex construction dispute. This contract was
originally supposed to be 135 days. It's gone many months over. We have commissioned a
study by an independent expert, and that expert has concluded that through December 31 of
1996, that the contractor was only responsible for about eight days of delay. We have
experienced a substantial number of delays from causes that are beyond our control. For
example, the City contracted with a company called Solo Construction to haul fill. Solo
Construction was incapable of doing it, and had to be replaced. There was fill that was supposed
to be supplied of a certain consistency. That fill wasn't supplied. It was poor fill, and everybody
has recognized that. In addition, there were certain quantities. This was a lump sum contract,
but within the contract, there were certain quantities of various kinds of materials. We have
58 May 22, 1997
substantially exceeded those quantities of materials. Now, this project has gone on and on
through circumstances that are actually not our control. I'd like to give you one more... one or
two more examples. As I understood... I got telephone notification that this pocket item was
going to come up. When I got this telephone notification, what I was advised was that it was as
a result of us not proceeding with certain sod work. The contract between the parties requires us
to install ten acres of sod. Those ten acres of sod had been installed. We then go and we... You
have a contract document that requires us to get written approval before we proceed with either a
change order or an extra. We just can't go out there and do the sod. We requested verbally
authorization to exceed the ten acres, and we were told verbally to do it. We asked whether or
not we could have that in writing. The contract document, your standard form, your standard
documents, requires all changes and extras to be in writing, so we requested the writing. I have
the letters from my client. The first letter was written on 4/25/97. If I may approach? This is
the 4/25/97 letter, multiple copies. We wrote first on...
Mr. Marquez: Mr. Vice Mayor... Excuse me for a second, Mr. Swimmer. I think...
A. Quinn Jones, III, Esq. (City Attorney): Let me...
Mr. Marquez: Yeah.
Mr. Jones: Mr. Vice Mayor and members of the Commission, it would be my preference at this
point not to engage in any full blown discussion as to who is at fault or what hasn't been done,
because I know what's going to happen. I... We've dealt with Mr. Swimmer before in a very
expensive, very litigious matter. So I would only caution you...
Vice Mayor Regalado: So what you're saying is to... for us to go ahead and proceed and vote on
it?
Mr. Jones: Yes. Proceed and if...
Vice Mayor Regalado: You...
Mr. Jones: If at some point, Gregori has a problem or whatever, they can seek whatever legal
redress they want. But I don't want the record filled right now with any allegations of anything
at this point. Let's just... If you're going to take action on a resolution, go ahead and take action
on it.
Commissioner Hernandez: What were you requesting, anyway? Just to know.
Mr. Swimmer: Well, the first thing I was requesting was for you to reject the recommendations
of staff, because the staff's recommendations aren't supported by fact. But even if you were
inclined to listen to the staff's recommendations, then we'd like to have the opportunity to come
in front of you with our experts. We have spent a great deal of money hiring experts, a golf
expert, a golf construction expert, and a scheduling expert. And we'd like to present to you the
facts. You're hearing one side of the story. Also, I have to understand that the architect that was
hired for this job is financially interested in the outcome. This is not like an independent
architect making decisions. You need to know facts like that, and we'd like to come in front of
you and present those facts to you. Counsel is right. I represented a contractor, I guess you all
know, against the City of Miami, and we got a rather large judgment against the City of Miami.
I don't want to go through litigation with the City. It's protracted and it's expensive. I think you
ought to make...
59 May 22, 1997
NOTE FOR THE RECORD: Mayor Carollo enters the
Commission chamber at 2:54 p.m.
Commissioner Hernandez: My question is...
Mr. Swimmer: What would I like?
Commissioner Hernandez: ... having said that, how much time are you anticipating you need to
finish this project? That's my question.
Mr. Swimmer: Oh, I'm sorry. I thought you asked a different question. I apologize. I
misunderstood. We anticipate we will be complete within two to three weeks. That's all that we
need to complete this project.
Commissioner Plummer: Well, you're saying three weeks.
Mr. Swimmer: We will be substantially complete within two to three weeks.
Commissioner Hernandez: Well, isn't that the City's position, that they're recommending to
give you... they're saying two or three weeks. I'm sure one week is not going to make a big
difference.
Commissioner Plummer: No. They said three.
Mr. Swimmer: Here's the...
Commissioner Hernandez: What's that? Three weeks.
Mr. Swimmer: Here's the concern that I have: That is what you do is, you give them the
authority to terminate, then they will not have to come back to you with... and request the
authority again. If they want to terminate, then they ought to come back in front of you, request
that authority, and we should be given the opportunity to respond in an open forum. We'll even
come back in a workshop. That's all I'm asking.
Commissioner Hernandez: OK. I'm going to make a motion to accept the recommendation of
the Manager, except that they spoke of two weeks. So I'll make it the three weeks, pursuant to
his resolution.
Commissioner Plummer: I second in the motion.
Mayor Carollo: There's a motion and there's a second. Does the Administration have any
problems with that?
Mr. Marquez: No, sir.
Mayor Carollo: OK.
Mr. Swimmer: Just so that I can understand what the... and for the record, what the decision of
the Commission is. We have three weeks to reach substantial completion, and if we fail to do
that, then the City Administration has the authority to terminate.
60 May 22, 1997
Mr. Jones: No. No.
Commissioner Plummer: I didn't hear the word, "substantial."
Mr. Jones: That makes it totally different. You add the words, "substantial completion," and I
think this Commission has said you have three weeks to complete the project, period.
Commissioner Plummer: Amen.
Mr. Swimmer: Three weeks to finally complete the project.
Commissioner Plummer: That's the name of the game.
Mr. Kay: Commissioners, the... Exhibit A specifies the work that remains to be done to...
Commissioner Plummer: Did you hear the City Attorney?
Mr. Kay: Yes, sir.
Commissioner Plummer: Next item.
Mayor Carollo: Any further statements from the members of the Commission? Hearing none,
all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
Mr. Swimmer: Thank you for your time.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-354
A RESOLUTION, WITH ATTACHMENT, APPROVING THE TERMINATION OF
THE CONTRACT BETWEEN THE CITY OF MIAMI AND GREGORI
INTERNATIONAL OF FLORIDA, INC., FOR THE PROJECT ENTITLED
"MELREESE GOLF COURSE RENOVATIONS, B-3255% SAID TERMINATION
CONDITIONED UPON THE CONTRACTOR FAILING TO COMPLY WITH THE
PROVISIONS OF EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EVIDENCE THE TERMINATION
OF THE CONTRACT, IF NECESSARY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
61 May 22, 1997
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.
----------------------------------------------------------------------------------------------------------------
27. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000,
ARTICLE 6, SECTION 617 -- LOCATION: SD-17 SOUTH BAYSHORE
DRIVE OVERLAY DISTRICT -- PROVIDE DEVELOPMENT BONUSES FOR
PORTION OF DISTRICT BOUNDED BY MCFARLANE ROAD / SOUTH
BAYSHORE DRIVE / MARY STREET / GRAND AVENUE -- APPLICANT:
PLANNING & DEVELOPMENT.
-------------------------------------------------------- -------------------------------------------------------
Mayor Carollo: If we could go to PZ-3, and then we'll go back to towing.
Commissioner Plummer: Move it.
Commissioner Hernandez: I second it.
Mayor Carollo: Is there anyone that would like to speak against this item, PZ-3? It's an item on
second reading. All right. There's a motion and there's a second. All in favor...
A. Quinn Jones, II1, Esq. (City Attorney): Excuse me.
Mayor Carollo: Excuse me. It's an ordinance. There's a motion and there's a second.
Mr. Jones: Excuse me. Excuse me, Mr. Mayor. What number?
Commissioner Plummer: Three.
Commissioner Hernandez: Three.
Mayor Carollo: It's an ordinance.
Mr. Jones: Regular 3?
Mayor Carollo: It's an ordinance. We need the...
Commissioner Plummer: PZ-3.
Mayor Carollo: ... City Attorney to read it. Second reading.
62 May 22, 1997
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 6, SECTION 617.SD-17 SOUTH BAYSHORE DRIVE OVERLAY
DISTRICT, TO PROVIDE FOR DEVELOPMENT BONUSES FOR THE PORTION
OF THE DISTRICT BOUNDED BY McFARLANE ROAD, SOUTH BAYSHORE
DRIVE, MARY STREET AND PORTIONS OF GRAND AVENUE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of December 19, 1996, was taken up for
its second and final reading, by title, and adoption, On motion of Commissioner
Plummer, seconded by Commissioner Hernandez, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11492.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
-----------------------------------------------------------------------------------------------------------------
28. (A) DISCUSS CURRENT TOWING COMPANIES ZONE
ALLOCATIONS -- MODIFY ASSIGNMENT OF BACKUPS --
FURTHER STIPULATE THAT ALL TOWING COMPANIES MUST
COMPLY WITH CITY REGULATIONS & FEE PAYMENTS --
DIRECT MANAGER TO PROVIDE MONTHLY REPORTS ON
NUMBER OF TOWS & COMPLAINTS PER COMPANY PER
ZONE -- FURTHER DISCUSS / STIPULATE TOWING FOR
SPECIAL EVENTS -- SEE LABEL 43.
(B) BRIEF COMMENTS BY COMMISSIONER PLUMMER
CONCERNING ILLEGAL PARKING ON BISCAYNE BLVD AT
BAYSIDE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Now we're on the parking/towing item.
Commissioner Plummer: Mr. Mayor, it's my understanding that that issue is going to be just a
little bit more than parking and towing. We were also going to speak to the zones as they
presently exist.
Mayor Carollo: Well, Commissioner, I made it clear the last time that we discussed this, when
we were going to place this in this agenda for discussion that what we were going to be
63 May 22, 1997
discussing was having to do with the alternate that we had here. We went through months, and
months, and months, if not years, even before the majority of us were here, going through that.
And I, for one, am not going to go through that whole thing again, not until at least some time
goes by. We just approved this several months ago. But the part that we had a problem with -
and this is why this even came up - was on the alternate companies. And the problem that we
were having was that unbeknownst to, I think, all of us, or certainly a majority of us, but I think
all of us, we had a task force, and we had other people going out, going wild, towing hundreds
and hundreds of vehicles all over the place. And somehow, you had one company that was
being called directly to do all these towings that, in many cases, as you know, were questionable.
Commissioner Plummer: Correct. Mr. Mayor, my area of concern is this Commission was led
to believe... At the time of the award of these contracts for different zones, the one question that
I asked and got an affirmative answer on was, in fact, were the zones in equity, about the same
amount of business in each zone. The answer was, "To the best of our ability, yes." That is not
occurring, and has not occurred, and that's why I asked for that issue to be brought back up,
because in my estimation, what we were told is not reality. I'm not going to say that we were
told bad information. It maybe just didn't work out that way. But what I'm saying is, is that you
have one zone that's doing 60 tows, approximately, and the zone next to it is doing 300. That's
not equitable, in my estimation, five times the amount. Now, whether you want to discuss that
issue today or at a later time, it's fine. But to me, I want it to be discussed. OK?
Mayor Carollo: Well, Commissioner, my feelings on it - and I certainly respect yours - is that
we took some action on this just recently. Let's give it at least a year's time. I don't know how
many months away are we, if we're six months, or eight months, or seven months away from it
being a year's time. And then we have a whole year that we could look at. And then let's bring
it up to discussion. If we got to make some adjustment on the size of different zones to try to
even it more than it is, then let's do it. But to do it just a few months after we approve this
doesn't make sense. And, you know, I'm just thinking of all the time that we spent in getting
here. You know, I'm not really looking forward to spending all that additional time going
through something like this again.
Commissioner Gort: Mr. Mayor...
Commissioner Plummer: All right. The only thing I would ask for is on a monthly basis, I want
provided to me and the rest of this Commission, each company in each zone, the number of
tows, as it starts, from the day that these contracts were awarded. And I think it will be very
glowing, what is happening. And then I will come back at a later time and produce before this
Commission the facts, because to me, there's tremendous inequity.
Commissioner Gort: Mr. Vice Mayor?
Vice Mayor Regalado: Go ahead.
Commissioner Gort: Part of the thing that we discussed when these were awarded, there was one
company in particular that had a lot of problems, because they had a lot of violations, they'd
been taking to the Building Code. And my understanding is they're still... that we've stated that
if any one of those companies did not comply with the City Code, with City licenses, that they
should be removed. And I also would like to... along with the report that J.L. is going to get, I'd
like to get a report to make sure that all of the companies are in compliance with all City
ordinances.
Vice Mayor Regalado: Commissioner Hernandez.
Commissioner Hernandez: Mr. Vice Mayor, I was not here when you chose the companies or
the zones that were being given out to the different companies. It was right prior to my election.
64 May 22, 1997
I can tell you that I participated in the drafting of the last agreement that was entered into with
these parties. Dating back to 1989, I worked hand in hand with Officer Shannon, then with
Officer Moe, and a lot of the tow company owners that are here today. Most of the complaints
that I've been listening to for the last couple of months have been the same ongoing problems
that we've had with the towing industry for the last eight to ten years. From companies going
into other companies' zones to zones that are much more... obviously more lucrative than other
zones. The same problems are occurring today, along with... there are huge gaps in situations
that are coming up between companies... who's calling the company to go into different zones,
contracts that are in existence with other City departments, companies that are not in one of the
zones, but are... what do they call the companies that are... the two companies...
Commissioner Plummer: Backup.
Commissioner Gort: ... the backup companies. I think we need to sit down again, whether it's a
special meeting or what have you, and come down to reality, and figure out what the problems
are, and settle them once and for all.
Mayor Carollo: What I might recommend... and I believe this is what I said when this first came
up, J.L. We have nine zones, and then we have two firms for backup. Out of the two firms that
we have for backup, one already is getting plenty of business from the Off -Street Parking.
Commissioner Plummer: More than any zone that exists.
Mayor Carollo: Yeah, more than any zone that exists. Now, I don't know if there is more than
one zone that's not getting more or less a fair share, or if there is one in particular that's getting
so much less than the others. If that's the case, that we basically only have one or maybe two
that are getting less, so much less than the others, then let's take out of the two that we have as
standby, let's take one out, the one that's doing it for Off -Street Parking. You could put one or
two of the others as standby, also, in the meantime, to pick up some more.
Commissioner Plummer: Well, I think it goes further than that, because one of the problems I
think that's being incurred is when the Police Department has, in fact, a roadblock. They are
using the backup, rather than the zone of the wrecker which...
Mayor Carollo: Well, that, we can do. See, that's... And I'm glad you brought that out, because
that's one of the bits of information that I was getting, that this is the kind of stuff that was going
on, that somehow, you had one company that was being able to do that. We had, for instance, a
task force that... I didn't know they were doing all this towing until this came up, and we were
all getting complaints. They had radios that somehow went directly to this company, you know,
so this is the only company that we're calling.
Commissioner Hernandez: Mr. Mayor, a point of clarification, because I was the one that
brought up this situation with the task force, and I remember Commissioner... Vice Mayor
Regalado jumped into that discussion, because he was getting a lot of the complaints himself.
The company that had... I found out later that the company that's been getting all these calls had
the same radios as Off -Street Parking, and they, in fact, had a contract with Off -Street Parking,
and that's the way they would communicate with the department. At the beginning, I could tell
you that I was... The perception was that, obviously, these people had something going, this
company had something going with Off -Street Parking. I was told there was a contract that I
believe now is not valid anymore, it's expired. I don't know if there's a representative from Off -
Street Parking, but that was the reason that there were hand-held radios between...
Mayor Carollo: Yeah, but you know, Off -Street Parking has a right to contract with whomever
they want to. I'm not questioning that at all. But what I'm saying is that our task force people
65 May 22, 1997
had radios that were going directly to this company. And, you know, obviously, that's not
correct.
Commissioner Hernandez: Absolutely.
Mayor Carollo: If they're working for the City of Miami, first of all, they have to call whatever
company that they're in their zone, they're towing vehicles from.
Commissioner Hernandez: I thought that would be the...
Mayor Carollo: But beyond that, Commissioner, you know, when you're getting, all of a
sudden, a couple of hundred vehicles towed away at a time like, you know, we've all heard from
and we know this is happening, and much more, and really even a lot more stuff that I'd rather
not even get into now here. That's not right. And, you know, we're not here to help out any one
company or any of these companies to just have a, you know, free for all, and towing people's
cars away.
Commissioner Hernandez: Mr. Mayor...
Commissioner Plummer: Mr. Mayor, if you read the document from Off -Street Parking that
Clark Cook, who had to be out of town, left, you will see his indication in the first... the bottom
paragraph of the first page that they tow between 150 to 200 cars a month. That's just Off -Street
Parking.
Vice Mayor Regalado: And that's one of the things that we should clarify. Maybe Chief
Warshaw will help us in that, because downtown has a zone that was assigned by this
Commission, and it seems that the City of Miami Police are not towing any cars in downtown
Miami, only Off -Street. So that company who has that area... well, it's not doing any kind of
business, because Off -Street Parking is the one towing cars in downtown. And I was wondering,
Chief, if you could clarify why we don't have a balance, why the police are not towing any cars,
because, after all, cars are being towed.
Chief Donald Warshaw (Chief of Police): Commissioners, Mr. Mayor, the Police Department
has a philosophy as it relates to towing illegally parked cars, and that philosophy is that towing is
the absolute last resort. If a vehicle is obstructing an emergency pathway, if there is a complaint
where we respond based upon that complaint, if there is an illegally parked car and we find that
that car is blocking a driveway or parked near a fire hydrant, or there's some emergency issue.
That's the only circumstances under which we're going to tow. Now, again, there are some
cases where there's discretion. But again, the philosophy of the Police Department is not to tow.
It is to ticket, and give warnings, and do those kinds of things that will move traffic around in the
downtown area. We've met at great length with the people downtown about this issue.
Mayor Carollo: Chief, and we're in agreement with that. I'm glad that you stated that for the
record, because we are in agreement with that. But I think what the Vice Mayor is referring to
were some of our officers that didn't adhere to that philosophy, necessarily, and when they were
towing, they were letting the Off -Street Parking people come in and do the towing. And this is
part of, you know, what I've been hearing.
Chief Warshaw: The process, Mr. Mayor, is if there is going to be a tow, there is a map in the
main communications center. The officer asks for a wrecker, and a wrecker is sent, based upon
the zone map and who the particular towing company is.
Vice Mayor Regalado: No, but that's not what we're talking about here. What we're talking
here is that we have reports, and maybe you can tell us if you have any of those reports, too, or
66 May 22, 1997
ti
have you heard that. Since the philosophy of the police is not to tow, whenever there is a car,
say, in downtown that needs to be towed, City of Miami call Off -Street so they can take care of
the car?
Chief Warshaw: To the best of my knowledge - and I'm having it confirmed to me - we do not
call Off -Street Parking. I mean, the police... the police officers operate on their own. If they
were to write a ticket to a car downtown, or if they were going to tow it, they would have it
towed on their own. We do not ask for Off -Street Parking to do what our jobs are.
Commissioner Plummer: Question.
Commissioner Gort: Well, my understanding is you got two different enforcements taking place
in downtown Miami. You got your Miami Police doing enforcement, but most of the
enforcement in downtown Miami is being done by the Off -Street Parking.
Commissioner Plummer: And the task force.
Commissioner Gort: And the Off -Street Parking has a different contract. That's the difference.
Vice Mayor Regalado: Yeah, we know. We know that.
Commissioner Gort: OK.
Vice Mayor Regalado: But what we're saying is that, yes, like the Mayor said, we all agree with
the philosophy of the Police Department not to tow. That's the last resort. but what we hear or
some of the complaints is that because we don't tow, you know, every other car that has been
towed has been towed by Off -Street Parking. And there's a lot of cars being towed in downtown
Miami. You can ask the merchants, as you very well know.
Chief Warshaw: Mr. Vice Mayor, this is the absolute first time I've ever heard that. I'm not
saying it's impossible and it's never happened, but I'm not aware of any situation where a Miami
police officer would reach out to Off -Street Parking to do something that they have their own
authority to do. All they need to do is get on the radio and ask for a wrecker, and the
Communications people send whoever that towing company is. Now, again, I'm not saying that
the two haven't met and it hasn't happened before, but it would have to be the absolute rare
exception.
Commissioner Plummer: Chief, are you aware of the situation that exists at Bayside?
Chief Warshaw: What situation in particular?
Commissioner Plummer: Every car that is towed from Bayside is towed by the same company,
and it's not a zone, it's not by Off -Street Parking. The same company does all the towing. As a
matter of fact, they don't do enough towing, because they drive right by where it says "Parking
only for tour buses," and all the thing is nothing but cars. And that one company does all of the
towing. And Off -Street Parking, to my knowledge, has no agreement with that service road,
which is City of Miami property.
Mayor Carollo: Off -Street Parking?
Commissioner Plummer: I don't know who's ordering the wrecker, but it's Molina every time.
Chief Warshaw: Commissioner, we rarely, if ever, tow any vehicles from Bayside. So I don't
know who's doing that towing. Now, all these things can be verified, because the Police
67 May 22, 1997
Department maintains a log and a towing ticket for every tow that we authorize. So we'll look at
all those things, if you want me to verify it.
Commissioner Plummer: Mr. Mayor, I think that one of the problems that we have is the
definition of "backup." That's where I think our problem lies. You know, many, many years
ago, I was in the ambulance business. And we did like the wreckers, we rotated. Backup is only
when a certain zone cannot provide the service that is needed. That's when backup should be
kicked in. Now, we used to do it among ourselves. If all the ambulances I had were busy and I
couldn't make it, then I would call my competitor, and he would take and cover for me or... the
other one would cover. Now, I think that that's what we need here, to understand the word,
"backup." I think if there is a roadblock that is being set up in zone here, that wrecking company
should be the company that is used. If they can't handle it, then they can call a company to back
them up, in the true sense of the word, what is "backup." And I think that's very, very simple, as
far as I'm concerned and as... Mr. City Attorney, whenever the time is appropriate, I'll ask for a
definition of "backup," to the extent that the zones prevail. Only at such time when the zones
cannot provide which is needed will the backup be called, period, amen. Let's remember, the
zones right now have a 30-minute time. If they can't produce in 30 minutes, they're out. And
after a certain amount of those outs, they're out completely, as they are with complaints. But as
far as I'm concerned, I think that will handle it, there will be no problem after that, and let's take
it from there. That's my feelings.
Chief Warshaw: Commissioner, if I could just give you an...
Commissioner Hernandez: Putting aside the issue of equity, which is an important issue, I think
the easiest way to handle all towing companies - and in the past, the City really did not do a good
enforcement job - is finding out what company is actually complying with the agreement they
signed with the City of Miami, who has met equipment requirements, who has met the zoning
requirements, who is paying the City what is due. All those were not being met in the past. And
I promise you that if we look into it, a lot of companies are not meeting the requirements set off
in the contract.
Commissioner Plummer: Well, we have... we have in the... Officer Moe is the one that's in
charge of that now. And if he's not checking that...
Commissioner Hernandez: Well, you know, in the past, they have had the location not within
the City of Miami, they haven't had the proper equipment, they've owed us thousands of dollars.
Nobody enforced that. It only... it was only enforced when it came down to the nitty-gritty,
when it was coming before the Commission. And I remember specifically when Mayor Carollo
was Commissioner Carollo, I was researching this topic for him, because it was a mess back
then.
Commissioner Plummer: And they call that the good old days.
Commissioner Hernandez: Yeah. Just about a year ago. And I really wonder if we're still in
that mess. Is somebody enforcing this contract? Are people meeting the requirements?
Mayor Carollo: You're right, Commissioner. Back then, a lot of the information we had
received that listed there were different firms that were way behind in payments and other
requirements. One of the things that we were assured when we voted for all these different firms
and different zones was that they had all met the City's criteria requirements. Now, if there are
some that are not meeting them now, then we need to know.
Chief Warshaw: And Mr. Mayor, at your direction, we were very clear on what the rules were
going to be. And as of today, only one of the vendors is one half month - that's a half a month,
part of March - past due. Every one of the other vendors is completely and currently up to date.
68 May 22, 1997
Commissioner Plummer: Why is that one allowed to be past due?
Commissioner Gort: Let me ask you a question. Excuse me, J.L.
Commissioner Plummer: Sure. Go ahead.
Commissioner Gort: I was under the impression that each one of them would put up a ten
thousand dollar ($10,000) bond.
Chief Warshaw: That's correct.
Commissioner Gort: OK.
Commissioner Plummer: Why is that one who... and I don't want the name. Why is that one
allowed to go beyond past due without paying?
Chief Warshaw: Commissioner, that's a... I mean, that's a 95 percent collection rate. There's
one person who's just a half month past due, and that person will be made to be, you know, fully
in compliance. But...
Vice Mayor Regalado: But this is... Chief, this is the case now. But my understanding was that
about one month ago, two months ago, there were more than one company.
Commissioner Gort: Chief, let me tell you something. I had my car towed away three times. I
have not been able to take it out unless I pay, and it had to be cash. They would not accept
checks or anything. So they get their money right away.
Commissioner Plummer: I thought they were... Didn't we make a provision where they had to
accept a credit card?
Unidentified Speaker: Yes.
Commissioner Hernandez: Yeah, it's in the contract.
Commissioner Plummer: You see, every one of these companies are operating as they see fit,
you know? And that's why, Mr. Mayor, I say we've got to go back into this contract and
establish not only some stringent rules, but some equity. Let me tell you something. As far as
I'm concerned, the day that company is past due, he doesn't get any more tows until he is up to
date and paid what he should. Whoever that "he" is, I don't want to know, I don't want it on the
record, but the day he doesn't pay his just due, that... out until, in fact, that is paid.
Chief Warshaw: And we don't have a problem with that. We...
Commissioner Plummer: Well, do it.
Mayor Carollo: But Commissioner, the problem that I'm having is that we have someone that's
assigned to that. The Police Department is handling it. They have assigned someone to be on
top of that. We shouldn't be having to constantly be coming back to that. That's the
responsibility of the Police Department. Now, if Moe can't do it, then get Larry, get Curly, but
get somebody to do it.
Chief Warshaw: And Mr. Mayor, we read your directions, Mr. Mayor, loud and clear
69 May 22, 1997
Commissioner Plummer: Well, Mr. Mayor, I'll tell you one other thing that I think could help
out tremendously, and I'm sure that Mr. Cook would have no problem, and that is that Off -Street
Parking call the City zone wrecker for their towing. OK?
Mayor Carollo: Well, that would be nice, Commissioner, and I think that's the way it should be
done. But...
Commissioner Plummer: Well, let's recommend it.
Mayor Carollo: ... we can't force him to do it.
Commissioner Plummer: We can't force him, but we can ask him, in the unity of having better
service for the community. OK? I'm ready to offer you a motion when you're ready.
Vice Mayor Regalado: But first, we need to also determine, Chief, what would you... if you
consider a sting operation a special event.
Chief Warshaw: OK. I think the issue of special events is very important. And we have
absolutely no problem with what the Commission directs us to be the definition. We have
interpreted - all right? - and this was based on... I have the minutes from the October meeting on
the issue of backups and special events, you know, large events, like Orange Bowl games, like
major roadblocks, and stings. Now, what is a sting? If a group of police officers go out and
make three arrests for prostitution somewhere on Biscayne Boulevard, we don't consider that to
be a special event. But if there is a predetermined, planned roadblock where we are going to be
arresting, you know, substantial numbers of people, that would be a special event. If you want to
go through each one of the possibilities, you know, we don't have a problem doing that. For the
most part, the special events are the large events.
Commissioner Gort: My understanding, Chief, is whatever is a special event, a sting operation,
the person that covers that zone is the one that should be called. And if they can't cover...
Commissioner Plummer: And let him call the backup.
Commissioner Gort: Then if they can't cover it, call the backup.
Commissioner Plummer: That's it.
Chief Warshaw: That's fine. We can...
Mayor Carollo: Those were the guidelines that we established. They're quite simple.
Commissioner Plummer: Yeah. Make backup exactly what it says, "back up."
Commissioner Gort: Also, Chief, my understanding is... you're looking at the payments and so
on, but at the same time - because I stated this from the beginning - there's one company that's
in noncompliance with City Code. They complied just before the award was given out. My
understanding is there's a lot of complaints. Any complaint in non-compliance with the City
ordinance, I'd like to say it, also
Commissioner Plummer: Then let's get rid of them.
Chief Warshaw: Let me just ask, Commissioner, for clarification. At the October meeting, we
were directed that all special events were to be handled by the backups. So the question is, what
are the special events?
70 May 22, 1997
Commissioner Plummer: We're going to change that right now.
Chief Warshaw: That's tine.
Commissioner Plummer: And I strongly believe, Mr. Mayor, if we ask Clark Cook to use the
zones that we presently do to get better service, he would love to get out of the business, because
it causes him nothing but grief.
Mayor Carollo: Well, if he's got a contract that's signed, he can't. But if he does not have a
contract, then...
Commissioner Plummer: Well, we're going to be assimilating Off -Street Parking eventually.
Vice Mayor Regalado: Chief, who decides, in the Police Department, which backup company is
called, in case of special events, in case of other companies not having...
Chief Warshaw: They rotate between the two.
Vice Mayor Regalado: How do you rotate?
Chief Warshaw: Well, the special events are coordinated by the Special Events Office of the
department. So, for example, there's an event commander who is in charge, let's say, of a
roadblock. So that particular event commander - let's say it's a captain - will be told that the
next backup vendor is whoever that vendor might be, and that's the person who's contacted, and
they have tow trucks on the scene, so there's no phone calls made. Then the next event goes to
the other backup, and it simply goes back and forth.
Mayor Carollo: Don, I just really want for the Police Department to really be on top of this, do it
the way they're supposed to. We don't need to be wasting our time or the citizens' time here
with something that the guidelines were established, that there was so much time spent over. All
we want to do is for the Police Department to follow guidelines that were supposed to make it
fair for all these companies. And frankly, I'll say it again. I don't want to deal with this issue
again, to see what company gets what zone, and hours and hours, and hours of discussions and
what have you. We don't have the time for that. We really would like to spend our time in
much more positive things like projects that are going to be bringing revenue to the City, that are
going to be bringing jobs to Miami, and this is something that really should be a no-brainer
already. And whether it's a task force into the City that's, you know, going haywire, doing their
own thing, or whatever else, you guys handle it, you know. Just put a stop to it all. You know
what needs to be done.
Commissioner Plummer: Well, Mr. Mayor, I think that we do have to, as requested by them,
have to give a clear definition, and I'll make such a motion, that backup calls for wrecker service
shall be just that; that, in fact, the zoned wrecker will be the predominantly called wrecker for
anything that occurs in that zone. At such time that they indicate that, in fact, they cannot
accommodate within the 30-minute time period, they will so indicate and one of the backups, by
rotation, would be called. And I so move.
Commissioner Gort: Also...
Mayor Carollo: There's a motion.
Commissioner Gort: I'd like to add a little bit to it.
71 May 22, 1997
Commissioner Plummer: Fine.
Commissioner Gort: Any one of the contracts that we have that is not... in non-compliance in
payments or with the City ordinance should he eliminated right away, and whoever is to follow
up could be reappointed right away.
Commissioner Plummer: Absolutely.
Mayor Carollo: Well, I think you need to give them ten days, 15 days, whatever amount of time,
City Attorney, is reasonable to get into compliance right away. If they don't do it after that,
then, you know, they're out. But I think by law, we would have to give him 'W" amount of days,
whatever amount that is reasonable. Let the City...
Commissioner Plummer: For non-compliance?
Mayor Carollo: Yeah. Let the City Attorney tell us now so we can include it in the motion.
Mr. Jones: Yeah, there should be some reasonable notice.
Mayor Carollo: How many days?
Commissioner Gort: Ten days.
Commissioner Plummer: Ten days is fine. Till the next Commission meeting.
Commissioner Gort: If you don't pay it back, you get three days.
Mr. Jones: Yeah, ten days would be, I think, would be reasonable.
Mayor Carollo: OK. Ten days.
Commissioner Plummer: Does that... Also include, Mr. Gort, in your motion, that any company
who is not prompt in their payment when due is excluded until such time as they pay.
Commissioner Gort: Oh, yeah.
Commissioner Plummer: As part of my motion. OK?
Vice Mayor Regalado: No, the problem still is with the backups, because we have a situation
with the companies... one of the companies who is a backup also has a contract with Off -Street
Parking.
Mayor Carollo: Well, fine. If they've got the backup with the Off -Street Parking Authority,
then just leave one as a backup until, you know, this comes back again.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Jones: Yeah, I have that. Commissioner...
Commissioner Plummer: Well, let's discuss that, now. Let's don't...
Mr. Jones: You've got a pending motion on the floor.
Commissioner Plummer: All right. Well, we might want to amend it further. What you're
saying is that just go with one backup, rather than two.
72 May 22, 1997
Mayor Carollo: That's one alternative we coud use.
Commissioner Plummer: Why not no backup at all?
Mr. Aaron Weeks (Chief of Staff): Mr. Mayor, Commission...
Commissioner Plummer: Use the adjoining district, the zone.
Mayor Carollo: Yeah, but then what guidelines do you set to use the adjoining zone...
Commissioner Hernandez: Yeah.
Mayor Carollo: ... when you got some zones right in the middle, and then you got two or three
adjoining zones? So that makes it more complicated.
Commissioner Plummer: Well, I... Hey, whatever is fair, that's what I'm trying to come about...
is equitable. Also, part of my motion is that we have a monthly report of each zone and how
many tows were done in that zone. I also want it to include, because you have it on computer,
and it's easy to do, how many complaints were received by... against that particular company.
Chief Warshaw: We have that, Commissioner.
Commissioner Gort: You should also check with the NET (Neighborhood Enhancement Team)
Offices, if there's any in non-compliance with the City ordinance.
Mr. Jones: Commissioner Plummer, do you want to include or make it a separate motion about
the special events, that it be done by the zone...
Commissioner Plummer: In my estimation right now, that is part of the backup. There is no
such thing as special events.
Mr. Jones: No, but earlier, you said you wanted special events to be handled by the wrecker...
Commissioner Plummer: ... in that zone, yeah.
Mr. Jones: ... zone. So you need to make that part of your motion.
Mayor Carollo: Yeah, that was made part of the motion.
Commissioner Plummer: That was part of I thought, part of the motion.
Commissioner Plummer: In other words, the backup will be just that.
Mayor Carollo: Yeah.
Commissioner Plummer: They will be called when the zone in which the violation occurs
cannot handle the call, they'll call the backup.
Chief Warshaw: They will.
Mayor Carollo: And, you know, let's throw the gauntlet down. Let's leave one backup. Once
Off -Street Parking decides who they have or who they don't have, we'll consider maybe a
second backup. But right now, Molina Towing is doing work for the Off -Street Parking
73 May 22, 1997
Authority, besides hundreds of tows that they've gotten from the City in a very short time. And
if you want to make it part of the motion that we leave only one backup, and Molina, you know,
is with the Off -Street Parking, that's fine.
Vice Mayor Regalado: I will make it part of the motion, Mr. Mayor.
Mayor Carollo: OK. Does the maker of the motion accept that?
Commissioner Plummer: Yeah, that's fine, until we meet again and discuss it further.
Mayor Carollo: OK. There's a motion and there's a second. Any further discussion?
Mr. Weeks: Mr. Mayor.
Mayor Carollo: Yes.
Mr. Weeks: One other piece of housekeeping is... You mentioned earlier regarding the Special
Revenue Task Force.
Mayor Carollo: Right.
Mr. Weeks: As a part of the RFQ (Request for Qualifications) that went out, they were not
specifically named and contemplated. They now have the ability through the radios which they
have to use any zone for which their activities are, to use the towing company for that zone.
Commissioner Plummer: Absolutely. That's what we're trying to accomplish.
Mayor Carollo: They should have always had that ability. I mean, for them to have been tied
into only one company out of 11 that we had here, I mean, that just didn't make sense to me.
Mr. Weeks: So if you would, then, also, as a part of your amendment, make their activities
special events, which would include...
Commissioner Plummer: Under the same rules and conditions.
Mr. Weeks: ... which would incorporate them into this RFQ in their use.
Commissioner Plummer: That's correct.
Vice Mayor Regalado: Remember that the task force is back on work, but not towing cars.
Mr. Weeks: That was going to be my next comment, is that I would hope, then, that as a part of
this amendment, we also give them now the ability to...
Vice Mayor Regalado: No. How can we do that if we don't know what they're going to do,
what company they're going to use or...
Commissioner Plummer: No, no. We know now. They're going to use the company ...
Mayor Carollo: Yeah, we know now. The guidelines we set...
Commissioner Plummer: where the violation occurs.
Vice Mayor Regalado: Do they have radios that talk... work, really work?
74 May 22, 1997
E
l Commissioner Plummer: If we find out to the contrary, God help them.
i
Mr. Weeks: Jesus Noriega, who is over the Special Revenue Task Force will address the radio
issue.
Mr. Jesus Noriega: Mayor and Commission, the problems we've been having in the past year, in
eight months, have been the radios. We got an off-street channel. That's what we work on for
the scaffels and everything. And the... Since the towers... they moved the towers from 20th
Street to GSA. We couldn't get no communication. So the only towing company we could get,
you know, in touch with was Molina through Off...
Commissioner Plummer: That was convenient.
Mr. Noriega: What was that, sir?
Commissioner Plummer: That was convenient.
Mr. Noriega: No, sir. Before, we used to call every other towing company when we used to...
down here at Southland.
Commissioner Plummer: But how was it so convenient to get Molina?
Mr. Noriega: Because that's the only company we could get. We don't have no way...
Commissioner Plummer: But, I mean, the radios work for all of the companies the same as they
work for us.
Mr. Noriega: No, but Off -Street Parking has a radio directed through Molina.
Commissioner Plummer: How many inspectors do you have?
Mr. Noriega: Fifteen.
Commissioner Plummer: You can get 15 radios tomorrow out of the police without any
problem. Without any problem. They got that many spares.
Commissioner Hernandez: But that's what brought the problem that we have today. If they
could be... In whatever zone this task force was, they should have called the company that was
within that zone. And everything was going through Off -Street Parking.
Mayor Carollo: Yeah, but then...
Commissioner Hernandez: And Off -Street Parking had supposedly a contract, and that's what
happened.
Mayor Carollo: But that was part of the problem, Commissioner.
Commissioner Hernandez: Right.
Mayor Carollo: The other part of the problem was that these were massive towings that were
being done.
Commissioner Hernandez: Correct.
75 May 22, 1997
Mayor Carollo: Massive towings
Commissioner Plummer: After that...
Commissioner Hernandez: Six hundred in the month of March, 600 something.
Commissioner Plummer: After that motion, I have some questions and another motion.
Mayor Carollo: OK. Call the question, then.
Mr. Eduardo Lacasa: Mr. Mayor? Mr. Mayor, are you going to open...
Mayor Carollo: OK. Hold on. Excuse me. The Commissioner wants to say something.
Commissioner Hernandez: On a point of clarification. Honestly, there's been back and forth...
What is the actual motion?
Commissioner Plummer: All right. Let me give it to you again. I'll give it to you again. All
right? Number one, backup zones will be that; that any activity or violations occur for the need
of towing in any given zone, shall be the responsibility and call of the company in that zone.
Only as such time as when that operator indicates that they cannot comply with the 30-minute
response time, they will so indicate, and, in fact, one of... well, the alternative, the backup will be
called, now that we're down to one. Part of the motion is there is only one backup and Molina
has been eliminated; that there will be a report given to this Commission by June the 12th,
showing that every wrecker company is fully in compliance. If they are not in compliance and
paid up what their financial responsibility to the City is on June the 12th, that they will be
discontinued from any calls until they have been in full compliance, including the pay. I think
that was the...
Mayor Carollo: That's correct. Now, let me say this for the record. Molina is doing the towing
for the Off -Street Parking Authority. And just in the central business district, according to what
I have here. They're doing as many as maybe 250 tows a month, just there, plus in every other
part of the City, Coconut Grove, many other parts that the Off -Street Parking Authority has
work. So they're getting as many tows, probably, if not more, not including the other little
matters that we discussed, than any of these other companies.
Commissioner Plummer: The other clarification the City asked for is, in fact, that the special
events and any other special item shall be handled by the zone in which it occurs.
Mayor Carollo: OK.
Commissioner Plummer: The City Attorney asked me to say that.
Vice Mayor Regalado: For the record, can the City Manager respond if the Finance Department
has taken any money from any one fund, ten thousand dollar ($10,000) fund in the past? Do we
know if the Finance Department has taken some money to... Dipak?
Commissioner Gort: No.
Commissioner Plummer: Have you dipped into the deposit?
Vice Mayor Regalado: Yes.
76 May 22, 1997
1
Mr. Weeks: The answer to that question, Commissioner, is yes. There is one firm for which the
ten thousand dollar ($10,000) letter of credit was applied towards their outstanding balance.
i
Vice Mayor Regalado: Can you say on the record that firm?
i
Mr. Dipak Parekh (Director, Budget and Management Analysis): Nolan's Towing.
Commissioner Plummer: Are they up to date now?
Mayor Carollo: Which towing?
Mr. Parekh: Nolan's.
Commissioner Hernandez: Nolan's Towing. They've always been...
Mr. Parekh: There is a balance due for the month of March and April.
Mayor Carollo: They're not here. They're not...
Commissioner Gort: They got a zone.
Commissioner Plummer: They're here.
Commissioner Gort: It's one that's in violation constantly.
Commissioner Hernandez: They're always in violation.
Commissioner Plummer: - My question: Is that in violation up and above the ten thousand
dollars ($10,000)?
Mr. Weeks: Yes, sir.
Commissioner Plummer: In other words, they owe ten thousand plus two months?
Mayor Carollo: Wait, wait a minute.
Mr. Parekh: Part of March and April they still owe.
Commissioner Plummer: That's not my question. There's a ten thousand dollar ($10,000) bond.
Is that correct?
Mr. Parekh: That's correct.
Mr. Weeks: That's correct.
Commissioner Plummer: Is your indication that they are that ten thousand in arrears, plus two
months?
Mr. Parekh: Yes.
Vice Mayor Regalado: Well, Mr. Mayor, then I move to bring the backup into that zone and...
Commissioner Plummer: Well, they got 12... They got till the 12th of June to straighten it out
and get into proper perspective.
77 May 22, 1997
Vice Mayor Regalado: Well, then I move to... If by the 12th of June, they have not complied
with everything, we move the backup the only backup to that zone.
Commissioner Plummer: That was part of my motion.
Mayor Carollo: Yeah, that's part of the motion.
Commissioner Plummer: Anyone that is in arrears or not in full compliance will be discontinued
until such time as they are.
Mayor Carollo: That's what part of the motion says.
Commissioner Plummer: Absolutely.
Mayor Carollo: OK. Now, Mr. Lacasa, you want to make a statement.
Mr. Lacasa: Eduardo Lacasa, offices at 701 Brickell Avenue. I'm here on behalf of Molina
Towing, and I was not registered to lobby on this item. However, the Commission, pursuant to
the ordinance, can call me to clarify certain things, and I do believe that many things have to be
clarified on this issue. So with the Commission's and the Mayor's discretion, I would like to say
that the contract with Off -Street Parking is completely outside the scope of the zone contracts
that we're discussing here today.
Mayor Carollo: That's correct.
Mr. Lacasa: As well as the task force calls. Complete, separate entity, not included within this
contract. So any calls by the task force should not... do not have to go through the same process.
Mayor Carollo: That's not true, Eddy.
Mr. Lacasa: I was...
Commissioner Plummer: Who gave them a contract?
Mayor Carollo: The task force works for the City of Miami directly. They are part of the City
directly, not part of Off -Street Parking.
Mr. Lacasa: The Finance Department calls are outside the scope of this contract.
Mayor Carollo: No no, no. Let's not play games. OK? I know that there are people in the
Finance Department that have particular friends in some of these companies, so, you know, don't
get me started on that. Any employee of the City of Miami, whether they're on a task force,
whether they're on a bike, on a mule, whatever they're working out of, they're a part of the City
of Miami. And the laws apply to every single employee of the City of Miami. So just because
now you're telling me that someone in the Finance Department decided on their own that the
task force is not part of the resolution from the Commission, then that means they have the right
to call whatever company they want to? That's absurd. You know that.
Mr. Lacasa: Well, Mr. Mayor, I don't know the inner workings of that department. However, I
will say that how they determine who they're call is something internal to them, and Molina
Towing should not be subject to losing any contracts as a result of their internal policies. They
receive a call. They don't have discretion, under the contract, to say, "No, we're not going to
take it." If they can't handle it, it goes to someone else.
78 May 22, 1997
Commissioner Plummer: The only problem is the 30-minute response.
Mr. Lacasa: If they get calls and have the capacity to handle it, they do it. And now, they're
being penalized because the Finance Department decided to call only them. And that's not right.
And I think that the Commission should consider that very carefully before jeopardizing this
man's company. He's been here for 33 years, has 22 employees, and has never had a complaint,
and has never been late on any of his payments to the City, unlike some of the others. He has an
outstanding record of service to the City, and now he's being tossed out of this contract which he
has, and he entered into, and he took measures to comply with this contract that now he... that
now are going to be forfeited. Aside from that, the Off -Street Parking contract has limits on
what he can charge. He is limited to twenty-five dollars ($25). The cost for him answering one
of these towing calls is the same as the cost of... of a call that he charges sixty or fifty dollars
($50), but he is limited to twenty-five dollars ($25). So it's not as lucrative a contract. Now, the
numbers, I'm not prepared to tell you what the numbers... the monthly tails that he responds to.
I don't have those figures in front of me. But I can tell you that if he responds to 200 calls, he's
making as much money there as he would be responding to 600 calls at regular price - I'm
sorry - 50 calls at regular price. So he's being discriminated against in that respect. I would ask
the Commission to hold off on this motion before excluding him, and allow us the opportunity to
present the facts and figures more properly. This was dumped on us at the last minute. I didn't
even realize these matters were coming up. So I would ask the Commission to hold off and give
us a fair and full opportunity to present the correct facts to this board.
Mayor Carollo: Any further statements from anyone?
Mr. Lacasa: One last thing.
Commissioner Gort: Mr. Mayor...
Mr. Lacasa: I'm sorry to interrupt, but as you... As Commissioner Plummer stated, the Off -
Street Parking may be privatized. He may lose that contract. And another matter, the Bayside
contract is a private contract with the tenants there. That's a private contract so...
Commissioner Plummer: Excuse me. Bayside does not have the right to tow on a City street,
and that's what they're doing. Now, that's what's got me irritated, because they think they own
that street. And when we put something there from Bayfront Park, they want to tow it off as fast
as you can shake a stick at it. And let me tell you something. I've said it before, and I'm going
to say it again. Those spaces are reserved for tour buses only. You an never go down that street
where that rule is being applied. They put out dusters, they put out loading trucks. They put out
everything on that truck, and Molina tows them when they're asked to tow them.
Mayor Carollo: I call the question. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
79 May 22, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-355
A MOTION DIRECTING THE CITY MANAGER TO ONLY USE BACKUP
TOWING COMPANIES IN CASES WHERE THE COMPANY LISTED FOR THE
APPROPRIATE ZONE HAS BEEN CALLED AND DETERMINED THAT SAID
WRECKER SERVICE COMPANY CANNOT RESPOND TO A GIVEN VIOLATION
WITHIN 30 MINUTES; FURTHER STIPULATING THAT ALL TOWING
COMPANIES MUST BE IN COMPLIANCE WITH CITY REGULATIONS,
INCLUDING PAYMENT OF CITY FEES, ON OR BEFORE JUNE 12, 1997;
FURTHER DIRECTING THE MANAGER TO ELIMINATE COMPANIES NOT IN
COMPLIANCE BY JUNE 12, 1997; FURTHER DIRECTING THE MANAGER TO
PROVIDE THE COMMISSION WITH MONTHLY REPORTS LISTING THE
NUMBER OF TOWS PERFORMED BY EACH TOWING COMPANY WITHIN
EACH TOWING ZONE AND THE NUMBER OF COMPLAINTS RECEIVED
AGAINST EACH TOWING COMPANY; FURTHER ELIMINATING MOLINA
TOWING, INC. FROM THE LIST OF BACKUP COMPANIES TO PERFORM
TOWING; AND FURTHER STIPULATING THAT TOWING FOR SPECIAL
EVENTS WILL BE HANDLED BY THE COMPANY LISTED TO TOW IN THE
ZONE WHERE THE SPECIAL EVENT IS OCCURRING.
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.
Commissioner Plummer: Now, what I'd ask is that the City of Miami Police Department who's
responsibility is... and we have six officers, I think, at Bayside? Rigidly enforce. Those that say
"No Stopping, No Parking," you will be towed on the service road from Biscayne Boulevard in
as far as the City has jurisdiction over that street. It's not being done, and I think that it needs to
be done, so that we can declare who that street belongs to. Next item.
Mayor Carollo: That's a good question. We're back on PZ-4,1 believe.
----------------------------------------------------------------------------------------------------------------
29. AUTHORIZE $3500.00 FROM LAW ENFORCEMENT TRUST FUND
(LETF) -- FOR "PREVENTING CRIME IN BLACK COMMUNITY" ANNUAL
CONFERENCE -- SEE LABEL 18.
Commissioner Plummer: Mr. Mayor, the Police Chief has asked this matter, since he has to
leave, be brought up, and it is with the concurrence of the City Manager, in reference to this
morning.
80 May 22, 1997
NOTE FOR THE RECORD: At this point, Commissioner Plummer
reads the pending reso ution into the public record.
Commissioner Plummer: And I will add to it that this cannot be used for attitude adjustment, but
for part of the seminar. I so move. It's been approved by the Manager.
Mayor Carollo: Moved by Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Chief Donald Warshaw (Chief of Police): Thank you.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-356
A RESOLUTION AUTHORIZING FUNDING FOR THE 12TH ANNUAL NATIONAL
CONFERENCE, "PREVENTING CRIME IN THE BLACK COMMUNITY," TO BE
HELD MAY 28-31, 1997 AT THE HYATT REGENCY HOTEL IN MIAMI,
FLORIDA, IN AN AMOUNT NOT TO EXCEED $3,500 FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE
STATUTES, CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
81 May 22, 1997
30.
(A) DEFER REQUEST FOR PROPOSAL (RFP) FOR SALE OF LITTLE
HAVANA POLICE SUBSTATION -- DIRECT MANAGER TO FIND
SUBSTITUTE FUNDS FOR PROPERTY IN ACCORDANCE WITH
FIVE YEAR RECOVERY PLAN -- FURTHER DIRECT
ADMINISTRATION TO ITEMIZE SUBSTITUTE FUNDS IN ORDER
TO KEEP FIVE YEAR PLAN BALANCED.
(B) VICE MAYOR PROPOSES MOVING CITY DEPARTMENTS NOT
AT RIVERSIDE TO POLICE SUBSTATIONS -- FOR COST
SAVINGS.
Mayor Carollo: Chief, we've got one more that's relating to you. The substation in Little
Havana. Based upon what we had discussed, I will be making a resolution to keep the substation
open. And you will be doing your best, based upon the plan that you discussed with me, that
will put the bulk of the officers that were inside the station out on the road patrolling the streets.
Chief Donald Warshaw (Chief of Police): Yes, sir.
Commissioner Plummer: Well, I would hope that the rest of us would be told what that plan is,
because I have not heard it.
Mayor Carollo: Putting them out on the streets.
Commissioner Plummer: No, about keeping the substation, because I want to know
immediately, immediately, where that million and a half dollars of substitute money is coming
from.
Mayor Carollo: Well, that was going to be the next statement that I was going to make,
Commissioner.
Commissioner Plummer: OK. I'll be quiet and listen.
Mayor Carollo: Obviously... and you're very much correct. The big figure was not the couple
of hundred thousand dollars a year that we would save by closing it, but the million and a half
dollars that we will be looking at on the sale of that property, at least a million and a half. But
this is what we told the Oversight Board. It's obvious that we have to provide the Oversight
Board with at least an equal amount of additional monies from another sale. Now, based upon
the properties that we have out for sale, Commissioner, we should be able to, just on those
properties alone, bring in several million dollars more than we were given credit by the
Oversight Board. So that, alone, should take care of it.
Commissioner Plummer: Well, my question has to be... and I don't recall... Mr. Manager, as we
did before the Oversight Board, did we go line item by... property by property, an amount...
Mayor Carollo: We will have to go...
Commissioner Plummer: ... or did we say so much for real estate in total?
Mayor Carollo: Yes, we did.
82 May 22, 1997
Mr. Edward Marquez (City Manager): We had... Before the Oversight Board, we had totals for
real estate over a two-year period of time. We had nine point four million dollars ($9.4 million)
for fiscal '97...
Commissioner Plummer: Without specifying.
Mr. Marquez: ... fiscal '97, and we had a whole laundry list of properties that we fully
anticipated on bringing in more than the amount that we notified the Oversight Board. What I
would recommend, Mr. Mayor, on this item, is that you... that the resolution be worded that we
defer the sale of this property until the future, and direct the City Manager to work to find a
replacement set of funds for presentation to the Oversight Board. This way, we can defer the
sale until next year, if we need it, but I hope that we won't... we won't need it.
Vice Mayor Regalado: Well, excuse me. Excuse me, Mr. Manager. The Mayor and all the
members of the Commission have promised that this station will not be closed. If we come out,
say now publicly that we figure that we defer until next year the sale, we're going to get the
same controversy all over, saying, "What you did is postpone the closing of the station."
Mr. Marquez: OK. How about a direction, then, to not bid this piece of property today, and
direct the City Manager to find replacement funds for the Oversight Board.
Mayor Carollo: And simply, Mr. Manager, stating what the intentions of this Commission is, to
keep that substation open, and to make sure that while we keep it open, we put the bulk of the
police officers that have been behind the desk out in the streets. Now, at the same time as part of
the motion, it has to be made clear that this is subject to the Oversight Board's approval. And
for them to approve it, we're going to have to find an additional amount of money for them.
Commissioner Gort: Mr. Mayor, at the same time, I think it's important that the Chief feels...
because my understanding... and you correct me, I was not here at that time. When those
substations were built, both in the north and the south, were built at a time when the NET
(Neighborhood Enhancement Team) was not in existence.
Mayor Carollo: That's correct.
Commissioner Gort: My understanding now is with the NET, we have police officers not at the
substations, but at each neighborhood. And I think that the... I'm not going to tell the Chief how
to... And I can understand the community being attached to the substation and the importance of
the substation. But I recall when both substations, both in north and south had problems within a
block away, they were not able to take care of that problem. We had to take care of the problem
through code enforcement. And I'll give you a site right now. 23rd Avenue and Flagler Street,
there was a store there. They would have a lot of teenagers hanging out. They were having a lot
of problems for years, and the substation was there. They were not able to do anything. We had
to do it through code enforcement. So I think if the Chief feels very strong about something, you
should come out and let us know if it works and if it doesn't work, and let the citizens know,
also. I think that's very important. OK? I'm not talking about now. I don't want to discuss it
now, but also, I think we need to educate our community, also, and make them understand how it
works. And I've said this in the meeting in the north station, and I think we need to work
together with the people and let them know. OK?
Mayor Carollo: You're absolutely correct, Commissioner.
Commissioner Plummer: I guess I'll never learn. What is the thinking of people, when the
Chief stands here and says to us that the closing of that station will give them better service than
what they have today, and they want to keep it open.
83 May 22, 1997
y
Commissioner Gort: Well, J.L., it's perception. That's why they need to be informed.
Commissioner Plummer: Perception be damned. It's the idea of better enforcement.
Commissioner Gort: Well, they got to be taught and shown how it's better enforcement. That
has not been done. So... And by leaving... closing the station, they think they're not going to get
the service.
Commissioner Plummer: I hear you. I just don't understand it, that's all.
Mayor Carollo: Well, I fully agree with you, Commissioner, but this is what many have said
they wanted. And by trying to find the best of both worlds...
Commissioner Plummer: I guess what scares me more than anything, when we start chipping
away at the five-year plan that has been approved, where do we stop? OK? Where do we stop?
And every time you chip away and you give something over here, you've got a responsibility to
take it from over here. Now, is the idea of... I hope you're right, Joe. I hope that the properties
that we have and the estimated cost of what they're going to bring in is under, and we're going to
get more money. What happens if they don't?
Mayor Carollo: J.L....
Commissioner Plummer: You know, it's... The recycling, people are calling.
Mayor Carollo: I'm in agreement with you, and I...
Commissioner Plummer: You know, it just bothers me to no end.
Mayor Carollo: I will support fully that statement, because that's what we said before the break.
But in this particular case, we will be safe in being able to bring additional dollars above and
beyond what we would get for this property, or at least a million and a half that we got credit for.
Commissioner Plummer: Joe, the other thing. You know... And here again, it's just a matter of
an area of concern. I guess your office, like mine, is getting numbers of calls every day of
people who are incensed that we're not going to be doing recycling.
Mayor Carollo: That's correct.
Commissioner Plummer: OK? I mean, people are absolutely livid about the fact that we're not
going to do recycling.
Mayor Carollo: Some people.
Commissioner Plummer: Now, if we go back and recycle...
Mayor Carollo: We cannot.
Commissioner Plummer: ... it's another million dollars.
Mayor Carollo: We cannot. That's another million dollars, plus...
Commissioner Plummer: Well, you know, the difference is that the people over on 22nd Avenue
and Flagler were more vocal than the people that are recycling. And that's the name of the
game.
84 May 22, 1997
A
Mayor Carollo: No, I don't think that's the name of the game. We're talking about two different
things. But I think that you have...
Commissioner Plummer: We're talking about dollars.
Mayor Carollo: You're talking about dollars. And this one is a million dollars recurring every
year, plus the other difference is that we're still going to be doing recycling, because with the
contract that Bedminster gave us... remember them?
Commissioner Plummer: That's two years.
Mayor Carollo: No, that's next year, supposedly. They will be handling the recycling internally.
Commissioner Plummer: OK.
Mayor Carollo: So that recycling still is going to be there.
Commissioner Plummer: Well, I would only ask you...
Mayor Carollo: Am I correct in that, Mr. Manager?
Commissioner Plummer: Yeah. They send one truck to garbage, trash and recycle, because they
can separate at the plant. Mr. Manager, in the future, I would just ask, so that we know, if
something is coming up here, whether you recommend it or you don't, to change something that
is presently in the five-year plan, you need to tell us at the time for consideration, what's going
to have to give, to give that benefit back, because I think that's very, very important. We could
be giving a benefit back for the people who are strongly voiced over here, much to the detriment
of the people over here who didn't come out and speak to the issue. So I think that we need to
know in the future, whenever there is a motion made or a move made before this City
Commission that we're going to deviate from that which has been approved by the five-year
plan, that there's got to be an offsetting number, plan, and tell us what would be offset by that
thing. I have no more to say.
Mayor Carollo: And that's fair, Commissioner. I think that's good business sense to go about it
that way, and I would endorse that.
Commissioner Plummer: OK.
Commissioner Hernandez: Mr. Mayor, besides looking for substitute monies to substitute for the
sale of this piece of property that, as you know, the people want, and they're very strongly
behind it, I think we should look for the maximum use for that building. I think one of the
biggest problems we've had with that building is that it hasn't been used by the City of Miami
properly. And I think if we look into what other departments might be able to fit in that
building...
Mayor Carollo: Sure.
Commissioner Hernandez: ... we'll use it to its maximum use.
Vice Mayor Regalado: Mr. Mayor, on that issue, following Commissioner Hernandez' thoughts,
I had been doing some research on the Community Development Department, and we are paying
now a rent in the Dupont Plaza Hotel for the Jobs Program of the City of Miami. The space that
they need and the space that we're paying for, I think it's about one or two thousand dollars
85 May 22, 1997
($2,000) a month, can be accommodated in the south and in the north sub... police stations. We
have plenty of space. We don't need to pay that rent. And as a matter of tact, if we have the
Jobs Program in the substation, we will have more access by the people, because nobody can go
to Dupont Plaza, because if you're going to park, I mean, it costs you five bucks to park and go
look for a five dollar ($5) an hour job. So if we can ask the Manager to look into that and move
this Jobs Program that the City of Miami has to South Station and North Station, we'll be saving
some money.
Mayor Carollo: Well, that's a very good idea, Commissioner.
Commissioner Gort: Yeah.
Vice Mayor Regalado: And before the Chief goes, I have... Mr. Mayor, I have a...
Mayor Carollo: We have to vote on this motion.
Vice Mayor Regalado: Oh. All right. Because I have a pocket item.
Mayor Carollo: Any further discussion from the Commission on this motion? Hearing none, all
in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following motion was introduced by Mayor Carollo, who moved its adoption:
MOTION NO. 97-357
A MOTION DIRECTING THE CITY MANAGER TO DEFER REQUEST FOR
PROPOSALS FOR SALE OF THE LITTLE HAVANA SUBSTATION PROPERTY;
FURTHER DIRECTING THE MANAGER TO FIND SUBSTITUTE FUNDS FOR
THIS PROPERTY TO ENSURE THE CITY'S COMMITMENT AS PLEDGED
UNDER THE ADOPTED FIVE-YEAR FINANCIAL RECOVERY PLAN; FURTHER
STIPULATING THAT SAID SUBSTITUTE FUNDS SHALL BE PRESENTED TO
THE STATE EMERGENCY FINANCIAL OVERSIGHT BOARD, FOR ITS
APPROVAL.
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.
86 May 22, 1997
----------------------------------------------------------------------------------------------------------------
31. DISCUSS / DEFER IMPLEMENTATION OF "THE SAFE HOUSES
PROGRAM" (ALLOCATING GRANT MONIES FOR POLICE OFFICERS TO
PURCHASE HOME IN TARGET AREAS) UNTIL MORE INFORMATION IS
AVAILABLE -- DISCUSS ADVERTISING ST. HUGH OAKS HOMES IN NET
9 -- FURTHER DISCUSS NEED TO REINFORCE ENFORCEMENT POWERS
OF CODE ENFORCEMENT BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK. Go ahead, Commissioner.
Vice Mayor Regalado: Yeah. I have a pocket item that has to do with the Police Department.
And I... It's called the Safe Neighborhoods Program. And this program will allow City of
Miami Police Officers who meet specific salary requirements to apply for a Community
Development grant - not loan - of five thousand dollars ($5,000) towards the purchase of a home
within a target area in the City of Miami. Mr. Mayor, in Community Development, we have the
funds available for this program. As a matter of fact, it's earmarked especially for this program.
And Mr. Bert Waters found the money, and maybe he can tell us. You do not have the
requirement.
Commissioner Plummer: Are you using a metal detector, or a rainbow at the end, or where are
you finding these pots of gold?
Vice Mayor Regalado: I'm finding money. Hey, Bert Waters is helping me find money. It's
there. It's there.
Commissioner Gort: I'm glad to hear that. I'm glad to hear that.
Commissioner Plummer: Yeah. Bert, be in my office tomorrow morning, eight o'clock.
Mr. Edward Marquez (City Manager): Mr. Vice Mayor, on this... I'm uninformed as to which
CD (Community Development) category that this money is supposed to come from. And I think
what Bert needs to do is to prepare... You're going to adopt this resolution, but please make it
effective once we come back to the City Commission with some information as to where the
money is coming from.
Vice Mayor Regalado: Sure.
Mayor Carollo: Go over the resolution.
Commissioner Plummer: I'll second it. Just asking for a report to come back.
Vice Mayor Regalado: I don't have it here. It needs to be written in terms of... Basically, what
it is, is that we have identified around one hundred thousand dollars ($100,000) for five thousand
dollar ($5,000) grants towards the purchase of a home. It has to be in a City of Miami target
area. It has to be a City of Miami police officer with certain salary requirements. And what we
are trying to determine now is whether today's officers also can participate, and not only the
ones that will be coming into the force, which will meet the salary requirements, but I think...
Mr. Waters.
Mr. Elbert Waters (Director, Community Development): If I may, Mr. Vice Mayor and
members of the Commission. We have... the Community Development staff has been
87 May 22, 1997
researching this particular proposal. We have found that this type of strategy exists in other parts
of the country. And what we are attempting to do is try to model that particular program and
come up with a feasible one that would make sense here in the City of Miami, and that would be
a very successful one. So what staff is asking that we do is have an opportunity to go back and
actually fine-tune it, bring back before this Commission a recommended implementation for this
type of project.
Mayor Carollo: Well, where is the money going to come from?
Mr. Waters: One of the things that we're talking about, unrestricted...
Commissioner Plummer: The pot of gold.
Mr. Waters: We have the monies from one of our projects which is called the St. Hugh Oaks
Development.
Mayor Carollo: Yeah, but how much money do you have? What if we have 200 police officers
that want to move into the City, and all want five thousand dollars ($5,000)? Do we have
enough to cover it?
Vice Mayor Regalado: We have a hundred thousand,
Mr. Waters: We have a hundred thousand. Well, what we're looking for is a hundred thousand,
Mr. Mayor. And with that in mind, that's what we'll attempt. That will be our goal, to try to do
that, and hopefully, encourage those particular officers, both who meet income requirements and
those who are above that, to try to make this project work. Well, you know, let me tell you,
that's far reaching. Are you going to include their off -duty work as part of their financial
arrangement? Many of the police officers make as much off duty as they make on duty. So I'm
asking those questions. Are you going to put a restriction, if they have a house and you give
them five thousand, they can't sell it for five years, so that it's not speculation?
Vice Mayor Regalado: It's five years, yes. Five years.
Commissioner Plummer: I mean, all of those things have got to be...
Mr. Waters: What we're saying...
Vice Mayor Regalado: The program in other cities is five years. You have to make a
commitment that you have to live in that house for five years, at least.
Commissioner Plummer: OK. Mr. Manager, also, in the same vein that he's talking about,
when we established take-home cars for the Police Department, with the exception of a very few
police cars, they were all to have decals on the side of the cars for the purposes of recognition in
the neighborhoods. Sir, it isn't being done. It is not. Then I'm going to supply you a list... no.
You supply me a list of the number of cars that, for whatever reason, after we get the six hundred
thousand dollar ($600,000) rental cars, six hundred thousand dollars ($600,000) worth of rentals,
of why, the ones that don't have it, justification that they don't. When I drive around the police
station downtown, maybe one out of five have the decal. The purpose of not only giving the
officers the right to have a car to go home was to put - even it's in Broward County, where most
of them are - that, in fact, there was a presence of police cars. That's not the case.
Chief Donald Warshaw (Chief of Police): Commissioner, I'll get you a list of all the unmarked
cars.
88 May 22, 1997
Commissioner Plummer: You get me a list of those that should be exempt and why they're
exempt.
Chief Warshaw: Right. I will. Yes, sir.
4
Commissioner Gort: And by the way, I think it's a great program. At the same time, I don't
know if the police have made any publicity about the St. Hugh Oaks. We've still got 15 houses
in there, beautiful homes, for a hundred and fifteen thousand dollars ($115,000), three bedrooms.
They're beautiful. So...
Commissioner Plummer: Well, let's go one step further, Willy. Mr. Regalado, you're in charge
of Net-9. We ask... We, the board of directors, including the ones that don't show up...
Mayor Carollo: For what?
Commissioner Plummer: For the board of directors meeting.
Mayor Carollo: What board of directors...
Commissioner Plummer: You're the head "honcho", but we took care of it.
Mayor Carollo: What do you mean "the board of directors"?
Commissioner Gort: St. Hugh Oaks.
Commissioner Plummer: Yeah, right. Mr. Regalado, we would appreciate that you put on Net-
9, because the City is paying - how much a month for each unit - to put on there and sell those
units on Net-9. Advertise them on Net-9. It's City property. We need to get out from
underneath those 15 items. And please put it on Net-9 so that we can get those...
Vice Mayor Regalado: We will do that next week, Commissioner. The only tiling is that I have
not given the Manager all the recommendations on Net-9, because of the fact that we still want
to combine the NET (Neighborhood Enhancement Team) Program with the Net-9, and there's a
lot of old information in that station.
Commissioner Plummer: Mr. Vice Mayor, Felipe can do it like that. OK?
Vice Mayor Regalado: Yeah. Yeah. We'll do it. Starting Monday, it will be there.
Commissioner Plummer: Please.
Vice Mayor Regalado: That's no problem at all. We will have the information run on Net-9.
But...
Mayor Carollo: Well... Yeah. On this particular item, he's going to bring it back with all the
information. Then we'll vote on it.
Vice Mayor Regalado: Yeah, he will.
Mayor Carollo: OK. That's fine.
Commissioner Plummer: That's fine. I ask him one other question. Mr. Mayor, who did you
assign, for looking into by different Commissioners, Code Enforcement?
89 May 22, 1997
Mayor Carollo: On Code Enforcement...
Commissioner Gort: Is that under Building and Zoning?
Commissioner Plummer: I don't know who it was assigned to.
Vice Mayor Regalado: That's under Building and Zoning.
Commissioner Gort: That's mine.
Commissioner Plummer: OK.
Mayor Carollo: Yeah, that's Willy's. It's all under Building and Zoning.
Commissioner Plummer: I asked that Felipe forward to you some video of yesterday's meeting.
Code Enforcement is not being as rigid that we wanted them to be. Mr. City Attorney, I am
going to ask you under the new regulations that were set forth by this City Commission that each
month increases the amount that can be decreased from their fines of ten percent, and on the
fourth month, foreclosure starts. I would like a full report, sir, as to how many foreclosure
actions we have had. I had a problem yesterday, Mr. Gort. Yesterday, when they would have
somebody in violation, they would not ask the person or tell the person, "You've got 30 days to
come into compliance." They would say, "Well, how many days do you need? Thirty, 60, 90T,
That's not what we're about in code violations. I think that they need to set a date. They need to
set a date certain, and if they're not in compliance, then they start the fine. And on the fourth
month of not in compliance, the foreclosure action starts. Now, until we give that board some
clout to make people respect them...
Commissioner Gort: We passed that already.
Commissioner Plummer: Well, we passed it, but it's not going through. I'm sorry.
A. Quinn Jones, III, Esq. (City Attorney): You know, the other thing you have to keep in mind,
Commissioner, on a lot of those properties, they're homestead properties, again, and even the
ones that we can go and foreclose on, more times than not, we're not in first position, we're in
second and third position.
Commissioner Plummer: But you still get a lien.
Mr. Jones: Well...
Commissioner Plummer: OK?
--------------------------------------------------- ------------------------------------------------------------
32. DENY REQUEST FOR CONINUANCE OF PZ31 (APPEAL OF ZONING
BOARD DECISION BY LAZARO & MARIA ALBO) -- SEE LABEL 57.
Mayor Carollo: All right. Mr. Albo.
Mr. Lazaro Albo: I he here for... I got a meeting today. I want to continue, but I got a big
operation in my stomach, and I stay here for two hours already. I'm supposed to be in the bed.
90 May 22, 1997
W
Commissioner Plummer: I don't know how you're going to do it
Mayor Carollo: Well, we've got to bring this to a head sooner or later, gentlemen. We keep
stalling this.
Commissioner Plummer: I don't know how you're going to do it. Which item is that? It's for
six o'clock, isn't it?
Mayor Carollo: You know, we have a lot of people that... It's been advertised. We haven't said
anything to them about cancelling. This happened before and, you know, unless you have three
votes here, Lazaro, I don't see how we could do it.
Mr. Aibo. OK. All right. Thank you.
---------------------------------------------- ----------------------------------------- -------------------------
33. SECOND READING ORDINANCE: AMEND ORDINANCE 10544 -- FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL TO CHANGE
FUTURE LAND USE ELEMENT OF COMPREHENSIVE PLAN --
LOCATION: 2609-11-21-23 N.W. 3 STREET & PARKING LOT --
APPLICANT DELCO ENTERPRISES, INC.
------------------------------------------- --------------------------------------------------------------------
Mayor Carollo: OK.
Commissioner Plummer: We're on item 4.
Mayor Carollo: We're on item 4.
Ms. Lourdes Slazyk (Assistant Director, Planning & DeveIopment): PZ-4 and 5 are companion
land use and zoning items, also second reading. These have gone up to DCA (District Court of
Appeals). They've come back. They've been found in compliance, and the department is
recommending approval.
Commissioner Plummer: Is anyone in opposition to PZ-4? Let the record reflect no one came
forth. I move it for approval.
Mayor Carollo: Is anyone in favor? All right. Is there a motion for PZ-4?
Commissioner Plummer: I moved it.
Vice Mayor Regalado: Second.
Mayor Carollo: OK. It's been moved on second reading, seconded by Vice Mayor Regalado.
Can you read the ordinance?
91 May 22, 1997
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATIONS OF THE PROPERTIES LOCATED AT
APPROXIMATELY 2609-11-21-23 NORTHWEST 3RD STREET AND PARKING
LOT, FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 Vice Mayor Regalado, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11493.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
34. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE
4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS -- FROM R-2
DUPLEX RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL TO
CHANGE ZONING ATLAS -- LOCATION: 2609-11-21-23 N.W. 3 STREET &
PARKING LOT -- APPLICANT: DELCO ENTERPRISES, INC.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Five is a companion. There's no one in opposition.
Commissioner Gort: Move it.
Commissioner Plummer: I second it.
Mr. Joel Maxwell (Deputy City Attorney): It's a companion.
Mayor Carollo: There's a motion by Commissioner Plummer (sic), seconded by Commissioner
Gort (sic) on the second reading ordinance on item PZ-5.
92 May 22, 1997
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS
OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT
2609/2611/2621/2623 NORTHWEST 3RD STREET AND PARKING LOT, MIAMI,
FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
34 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
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. 11494.
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: Jumbo, what item are you here for? What number?
Unidentified Speaker: Nineteen.
Mayor Carollo: Nineteen?
Commissioner Plummer: Come back.
Mayor Carollo: Commissioner Plummer wants to keep you towards the end.
Commissioner Plummer: Who's that?
Mayor Carollo: He says he likes all these pretty models you bring here every time you come.
Commissioner Plummer: Is that Jumbo? Good. Boy, your beer will get a little warmer.
93 May 22, 1997
---------------------------------------------------------------------------------------------------------------
35. PROPOSED FIRST READING ORDINANCE: AMEND CHAPTER 4 OF
CODE -- ADD EXCEPTION FOR ALCOHOLIC ESTABLISHMENT USES
WHICH PRECEDE SCHOOLS OR CHURCHES -- APPLICANT: PLANNING
& DEVELOPMENT.
Mayor Carollo: Item...
Commissioner Gort: PZ-6, this is.
I'll move it.
We requested this to come in front of us on first reading.
Mayor Carollo: It's been moved by Commissioner Gort.
Commissioner Plummer: I... Second for discussion. You've got to explain this one to me. This
allows the booze before the churches or after the churches?
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): No. This is if there is a
liquor establishment already in existence, and a church moves in, this would deem the liquor
establishment to not be nonconforming. This is related to the case...
Commissioner Plummer: OK. So in other words, "nonconforming" means they can sell it and
still go back, or if it burns down, they can rebuild it.
Commissioner Gort: Right.
Ms. Slazyk: Right. They don't lose their grandfather status.
Commissioner Gort: Because they were there first.
Commissioner Plummer: That's fine. That's fine. Now... But now, go to the next one before
we vote on this one. On the next item, what does that do?
Ms. Slazyk: This is the Zoning Ordinance amendment to do the same thing. We needed to put it
in the City Code and the Zoning Ordinance.
Commissioner Gort: It's a companion.
Ms. Slazyk: Because Article XI is nonconformities in the Zoning Ordinance. It deals with
nonconforming uses, as well as structures. If a liquor establishment doesn't meet the distance
requirements between a church and a school, in the establishment, it will have nonconforming
status.
Commissioner Plummer: Well, you know, there's something wrong here in the fact... because I
remember distance requirements on filling stations. Is it right... Well, you can't put in a bar if
there's a church or school within 1500 feet.
Ms. Slazyk: Correct.
Commissioner Plummer: OK. But now, you're saying it's OK that if there's a bar there, the
church can go next door.
94 May 22, 1997
Ms. Slazyk: That's correct.
Commissioner Plummer: Something is wrong.
Commissioner Gort: J.L....
Commissioner Plummer: You know, Willy, this one is not only a bar, it's a massage parlor.
Commissioner Gort: J.L., if you recall, the reason we had this is because we had someone come
in here...
Commissioner Plummer: Yeah, I remember.
Commissioner Gort: ... asking for the request on 79th Street to set up a church. And it happens
to be about a half a block, or right next door...
Commissioner Plummer: No, it was right contiguous.
Commissioner Gort: ... to that location.
Commissioner Plummer: But I'm still saying there's something wrong when an ordinance
doesn't work both ways. You know, what's good for the goose is good for the gander.
Commissioner Gort: Well, I guess they do more praying than the other.
Commissioner Plummer: No, I just don't think a church... Father Fox, don't laugh no more.
Mayor Carollo: Excuse me. If I may ask the court reporter who she is here representing, please?
Commissioner Plummer: Hello? Uh-oh.
Mr. O'Donnell: For the record, Tony O'Donnell. I'm the representative of the appellant in the
next item. This particular legislation was introduced to address one of our problems. When the
church moved in, we would become a nonconforming use. And the idea was if we're already
there - we've been there 24 years - it's not right to make us nonconforming.
Mayor Carollo: OK. I understand now.
Mr. O'Donnell: And that's why she's here.
Mayor Carollo: Yeah. All right. That's your concern, which I think is a valid one.
Mr. Joaquin Molina: And also, Mayor, we also had a court reporter show up, and I guess we
agreed that she was going to take care of both of ours. And I represent the church.
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor, they haven't been...
Commissioner Plummer: Who are you representing?
Mr. Molina: The church.
Mr. Maxwell: And they haven't been sworn in, either.
95 May 22, 1997
Mr. Molina: I was just answering the Mayor's question as to who the court reporter was here on.
Mayor Carollo: Right. OK. That's tine.
Mr. Molina: We're on item 8 anyway, so we're not up yet.
Mayor Carollo: Yeah. This is PZ-6, a companion item to PZ-7.
Commissioner Gort: I moved it.
Mayor Carollo: Commissioner Gort moves it. Is there a second?
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. I think it's...
Commissioner Plummer: I got a problem. I really do.
Mayor Carollo: I know, J.L. I mean, if someone's been in an establishment for "X" amount of
years, and all of a sudden, a few hundred feet away, someone decides they're going to open up a
church, how can you then go to them and try to close them down? That's not right.
Commissioner Plummer: Well, you know, I think there's another issue here besides zoning.
Commissioner Gort: I think what J.L. is saying is the church should not be allowed to go in
there.
Commissioner Plummer: No. What I'm saying is, is it morally right to have a bar next door to a
church? The reason we had this initial scenario was to keep the separation. Is it right to have a
bar, and let a school go next door to a bar?
Mayor Carollo: But, you know, J.L., what would happen then is, if three blocks down the road,
there is a competing liquor establishment, and they don't want to compete with you anymore...
Commissioner Gort: That's an opportunity.
Mayor Carollo: ... then they're going to open up a church next to you. You know, it's quite easy
to do, and you know what I'm talking about, and they're going to shut you down.
i
Commissioner Plummer: Joe, we've got too damn many bars now.
Mayor Carollo: Well, I agree. I agree. Now, if we were talking about not having an ordinance
with churches or schools, and just go across the board and shut down a lot of these honky tonk
places, you know, that's another story. But that's not what we're discussing here.
Commissioner Plummer: Go ahead. Call your roll.
Mayor Carollo: In fact... See, now you got me going on this one.
Commissioner Plummer: Uh-oh.
Mayor Carollo: Code Enforcement that you're in charge of, Commissioner?
Commissioner Gort: Yes.
96 May 22, 1997
a
Mayor Carollo: I named you to that with Building and Zoning?
Commissioner Gort: Yes. I'm having a meeting next week.
Mayor Carollo: Why don't you start having them check all these little bars that we have that hire
these 15 and 16 year old girls to serve eight dollar ($8) beer. And we've got quite a few of them
in town.
Commissioner Gort: We've closed quite a few of them already.
Commissioner Plummer: No, if he checks every bar in this town, he'll never have time to do
anything else.
Mayor Carollo: Well...
Commissioner Plummer: Especially Jumbo's. It will take him a week to try to find the beer.
Commissioner Gort: OK.
Commissioner Plummer: Jumbo's... Jimbo's.
Mayor Carollo: You can't volunteer for the job. Can you read the ordinance?
Commissioner Gort: This is first reading.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 4 ENTITLED:
"ALCOHOLIC BEVERAGES," BY AMENDING SECTION 4-11, ENTITLED:
"EXCEPTIONS TO DISTANCE REQUIREMENTS," TO ADD EXCEPTIONS TO
DISTANCE REQUIREMENTS," TO ADD EXCEPTIONS FOR LEGITIMATE
LIQUOR ESTABLISHMENTS WHICH PRECEDE SCHOOLS OR CHURCHES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
97 May 22, 1997
was introduced by Commissioner Gort, seconded by Vice Mayor Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Vice Mayor Tomas Regalado
Mayor Joe Carollo
i
NAYS: Commissioner J.L. Plummer, Jr.
ABSENT: Commissioner Humberto Hernandez
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. PROPOSED FIRST READING ORDINANCE: AMEND ARTICLE 11,
SECTION 1101.5 OF ZONING ORDINANCE 11000 -- TO PROVIDE
EXCEPTION CLAUSE FOR ALCOHOL BEVERAGE ESTABLISHMENT
USES WHICH PRECEDE SCHOOLS OR CHURCHES.
Commissioner Plummer: Item 7.
Mayor Carollo: I just hope someone doesn't open up a church next to your garage, but anyway.
Commissioner Gort: So move it.
Commissioner Plummer: That's all right. I don't charge for my booze.
Commissioner Gort: Move it.
Commissioner Plummer: My beer is free.
Commissioner Gort: Move 7.
Mayor Carollo: Commissioner Gort moves 7. Commissioner Plummer, do you second this?
Commissioner Plummer: Second what? Talk to the VM (Vice Mayor) over there.
Commissioner Gort: He's the conscience.
Mayor Carollo: The Vice Mayor seconds it. Read the ordinance, please.
Commissioner Plummer: I do have one question, in all seriousness. When you say, "an
alcoholic beverage establishment," is that one that just serves liquor? Does it include nude
dancing with booze? Or is it just a bar that's a bar that serves alcohol?
Mr. Joel Maxwell (Deputy City Attorney): No. It says... The ordinance says, Commissioner,
"legitimate alcohol and beverage establishment." So they would have to comply with all rules
and regulations of both the City and the State.
98 May 22, 1997
Commissioner Plummer: My question simply is, is it an establishment that sells... just sells
liquor by... the drink, or do they... Is it so broad that it could be, in tact, have nude dancing, and
shows, and all of that?
Mr. Maxwell: This is alcoholic beverage establishment, which would be alcohol and food. It
would not include entertainment of that type.
Commissioner Plummer: Thank you, sir.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 1101.5 TO SET FORTH REGULATIONS CONCERNING THE STATUS
OF LEGITIMATE LIQUOR ESTABLISHMENTS WHICH PRECEDE CHURCHES
OR SCHOOLS; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Vice Mayor Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: Commissioner J.L. Plummer, Jr.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
37. AFFIRM ZONING BOARD DECISION -- DENY APPEAL OF ZONING
BOARD DECISION WHICH GRANTED FOR 12 MONTHS SPECIAL
EXCEPTION IN ACCORD WITH ZONING ORDINANCE 11000, ARTICLE 4,
SECTION 401," SCHEDULE OF DISTRICT REGULATIONS" C-2 LIBERAL
COMMERCIAL -- TO PERMIT CONVERSION OF EXISTING
COMMERCIAL STRUCTURE TO PLACE OF WORSHIP ZONED C-2
LIBERAL COMMERCIAL -- LOCATION: 311-321 N.E. 79TH ST. --
APPLICANT: PEARLMAN & DUTES.
----------------------------------------------------------------------------------------------------------------
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-8 and are companion
items. This is an appeal.
Commissioner Gort: Eight.
Ms. Slazyk: Eight and 9...
Commissioner Gort: OK.
99 May 22, 1997
Ms. Slazyk: ...are the companion items. These are the appeals for the special exception, and the
variance for the church that we were just talking about on 79th Street. These were granted by
the Zoning Board. The department recommends approval with conditions on the special
I exception. On the variance, we had recommended denial, and the Zoning Board approved it
with a condition that they provide some of the green space, that they modify their site plan to
come up with some of the green space that they had been asking for a variance for. They did not
ask for a parking variance. They meet their parking on site.
Commissioner Plummer: What was the variance request for?
Ms. Slazyk: For green space. They were required 10 percent and they were only providing 7.6
percent.
Commissioner Plummer: Well, I have one just quick question. What they were asked for, or
what the ordinance calls for?
Ms. Slazyk: The ordinance calls for 10 percent. Since they...
Commissioner Plummer: Ten percent.
Ms. Slazyk: ... they were only providing 7.6 percent. They had to seek a variance.
Commissioner Plummer: OK. So it's... It's not optional. It's mandated they must provide 10
percent or apply for a variance.
Ms. Slazyk: That's correct.
Commissioner Gort: Right.
Commissioner Plummer: Thank you.
Commissioner Gort: On item 8, I move it. And this is what caused the whole thing before.
Mr. Joel Maxwell (Deputy City Attorney): When you say, "move it," Commissioner, you're...
You want to affirm the decision of the Zoning Board and allow that particular use. Is that
correct?
Commissioner Gort: Yes, sir.
Commissioner Plummer: I'll second the motion. I wish they would do more but...
Commissioner Gort: How can you vote...
Commissioner Plummer: Because this is for green space. This is to hide the bar.
Mayor Carollo: Whoa, whoa, whoa. What happened to that conscience?
Commissioner Gort: Whoa, wait a minute.
Commissioner Plummer: I'm hiding the bar.
Mayor Carollo: Look, and now it's enough... Jimbo, why don't you come up here and remind
the good Commissioner of the days when he didn't have a conscience. You know, over at...
100 May 22, 1997
a
Commissioner Plummer: I'll tell you what. I'll welcome you if you'll do the same for the center
chair.
Mayor Carollo: Well, I... I didn't even eat the hamburgers over there. OK. Do we have a
motion?
Commissioner Gort: I moved it.
Commissioner Plummer: Yes, and a second.
Mayor Carollo: OK.
Commissioner Plummer: And let the record reflect no one came forth in opposition.
Commissioner Gort: Excuse me. Eight is a special exception.
Mayor Carollo: Can you call the roll on this one?
Mr. Tony O'Donnell: Excuse me. As we said last time, we stand in opposition. The Raleys
stand in opposition to the church going in.
Commissioner Plummer: Oh, you got a conscience, also.
Mr. O'Donnell: Well, yes, of course.
Commissioner Plummer: No. You're the attorney. You got a fee.
Mr. O'Donnell: So we... But we're resting on our record that we made several months ago.
Commissioner Plummer: Fine. Cover it up with green. Call the roll.
Mr. Walter Foeman (City Clerk): Roll call. Commissioner Gort.
Commissioner Plummer: This is a resolution.
Mr. Foeman: I know. The Mayor says call the roll.
Mayor Carollo: Do you want to speak... address the...
Mr. Joaquin Molina: Yes.
Mayor Carollo: That's OK. Hold on before you call the roll, then.
Mr. Molina: Mayor and Commissioners, Joaquin Molina, on behalf of the church. They were
given 12 months to obtain a permit for that building, and we'd ask that that time be tolled,
because they were not able to get the building permit, because of the zoning hold back.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): No. The 12 months don't
start ticking until after the City Commission affirms this.
Mr. Molina: OK. So that's what we wanted to...
Ms. Slazyk: So it's not from the Zoning Board hearing. It's from this approval.
i
101 May 22, 1997
Mr. Molina: We appreciate that.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-358
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE
ZONING BOARD TO GRANT A SPECIAL EXCEPTION AS LISTED IN ZONING
ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, C-2 LIBERAL COMMERCIAL, TO PERMIT THE
CONVERSION OF AN EXISTING COMMERCIAL STRUCTURE TO A PLACE OF
WORSHIP FOR THE PROPERTY LOCATED AT 311-321 NORTHEAST 79TH
STREET, MIAMI, FLORIDA, ZONED C-2 LIBERAL COMMERCIAL, SUBJECT TO
THE FOLLOWING: (1) A TIME LIMITATION OF 12 MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED; (2) A NEW LANDSCAPE PLAN, WITH
SPECIFICATIONS, SHALL BE APPROVED BY THE PLANNING DIVISION OF
THE COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT PRIOR
TO THE ISSUANCE OF ANY BUILDING PERMITS; AND (3) THE FINAL SITE
PLAN SHALL COMPLY WITH ALL ZONING REQUIREMENTS WITH THE
EXCEPTION OF GREEN SPACE REQUIREMENTS WHICH SHALL COMPLY
WITH RESOLUTION NO. ZB 116-96.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Mayor Joe Carollo
NAYS: None.
ABSENT: Vice Mayor Tomas Regalado
----------------------------------------------------------------------------------------------------------------
38. DENY APPEAL AND AFFIRM ZONING BOARD DECISION -- GRANT
VARIANCE FROM ZONING ORDINANCE 11000, ARTICLE 4, SECTION
401," SCHEDULE OF DISTRICT REGULATIONS ", C-2 LIBERAL
COMMERCIAL -- TO PERMIT GREEN SPACE AREA FOR PLACE OF
WORSHIP ZONED C-2 COMMERCIAL -- LOCATION: 311-321 N.E.79TH
ST.--APLICANT: PEARLMAN & DUTES.
Mayor Carollo: Item 9, a companion item.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Nine is the variance.
Commissioner Plummer: What's this variance for?
102 May 22, 1997
1
Ms. Slazyk: The first... PZ-8 was a special exception to allow the church, and PZ-9 is to... the
variance for the green space.
Commissioner Plummer: My conscience says I vote against this one. OK.
Mayor Carollo: Nine.
Commissioner Gort: Move 9.
Mayor Carollo: OK. Commissioner Gort moved 9.
Commissioner Hernandez: I second it.
Mr. Joel Maxwell (Deputy City Attorney): Again, that would be...
Mayor Carollo: Commissioner Hernandez seconded.
Mr. Maxwell: Again, Mr. Mayor, that would be affirming the decision of the Zoning Board.
Mayor Carollo: OK. Can you call the roll, please.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-359
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE
ZONING BOARD AND GRANTING A VARIANCE FROM THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, C-2 LIBERAL COMMERCIAL, TO
PERMIT A GREEN SPACE AREA OF NO LESS THAN 8.4% OR 2,678 SQUARE
FEET (10% OR 3,178 SQUARE FEET REQUIRED) FOR A PLACE OF WORSHIP
FOR THE PROPERTY LOCATED AT 311-321 NORTHEAST 79TH STREET,
MIAMI, FLORIDA, ZONED C-2 LIBERAL COMMERCIAL, PER PLANS ON FILE,
WITH MODIFICATIONS AS NECESSARY TO COMPLY WITH THE CONDITIONS
HEREIN, SUBJECT TO THE FOLLOWING: (1) A TIME LIMITATION OF 12
MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; (2)
APPROVAL OF A MODIFIED SITE PLAN AND LANDSCAPE PLAN BY THE
DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION WHICH
COMPLIES WITH THE VARIANCE GRANTED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
103 May 22, 1997
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Mayor Joe Carollo
NAYS: None.
ABSENT: Vice Mayor Tomas Regalado
----------------------------------------------------------------------------------------------------------------
39. DISCUSS BRIEFLY CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE TO AMEND ORDINANCE 10544 TO CHANGE FUTURE
LAND USE DESIGNATION -- LOCATION: 2200 W. FLAGLER & 2326 S.W.
1ST, POLICE SUBSTATION -- SEE LABEL 55 & 58.
Mayor Carollo: All right. We're on PZ-10.
Commissioner Hernandez: Mr. Mayor, before we go to PZ-10, there's a group of people... And
they don't want to hear it now. It's just that it's a question. Having discussed the situation with
the police substation, are we still going to entertain PZ-25, which calls for a rezoning of the
actual substation? Are we going to be dealing with that today or...
Commissioner Plummer: Why not?
Mr. Jack Luft (Director, Planning & Development): The rezoning will not...
Mayor Carollo: I think we still should deal with it, you know, for the future. I don't think it
would hurt. But does staff recommend differently now?
Mr. Luft: Yes. It would not affect the continued use of it for a police station, or a NET
(Neighborhood Enhancement Team) Office, or a jobs office. It's a permitted use of C-1.
----------------------------------------------------------------------------------------------------------------
40. SECOND READING ORDINANCE: AMEND ARTICLES 4 & 25 OF ZONING
ORDINANCE 11000, ARTICLE 4, SECTION 401 SCHEDULE OF DISTRICT
REGULATIONS -- TO ALLOW HEALTH SPAS OR STUDIOS IN OFFICE
ZONING DISTRICT -- FURTHER AMEND ARTICLE 25, SECTION 2502 it
SPECIFIC DEFINITIONS " TO CLARIFY DEFINITION FOR HEALTH SPAS
OR STUDIOS -- APPLICANT: PLANNING & DEVELOPMENT.
Mayor Carollo: OK. We're back on PZ-10, the second reading ordinance.
Mr. Francisco Garcia: Good evening, Mr. Mayor and gentlemen of the City Commission. This
item is to allow gyms or health clubs in office districts Citywide, with some restrictions. There
104 May 22, 1997
was, I think, some doubt last time as to whether the language here was clear enough to
distinguish them sufficiently from massage parlors and so forth. What I have provided to you in
the green sheet you have now is the applicable definition for adult massage parlors. And I
wanted to assure you, and the Zoning Ordinance reflects it, that these uses are in no way related
to adult massage parlors. For that reason...
Commissioner Plummer: What are they tor? Juveniles only?
Mr. Garcia: I'm sorry, sir?
Commissioner Plummer: For juveniles only?
Mr. Garcia: No, sir. Again, the tended effect is to allow gyms in office districts. We feel that is
a use that complements nicely with the types of uses that generally occur in office districts.
There are only two restrictions, and that is that if the gymnasium is 25,000 square feet or above,
that it should be established on the ground floor, because we feel then if it is that large, it
probably wants to cater to a clientele that is not only restricted to the building it is in, but outside,
as well and that would make it more accessible. That's all I have by way of presentation.
Mayor Carollo: OK. Is there anyone here that would like to speak against it? Hearing one...
Commissioner Hernandez: I make the motion.
Mayor Carollo: Commissioner Hernandez makes the motion.
Commissioner Gort: Second. Second reading.
Mr. Joel Maxwell (Deputy City Attorney): What is the motion?
Mayor Carollo: Would you read the ordinance, the second reading.
Mr. Maxwell: This is a motion to approve.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
MIAMI BY AMENDING SECTION 401, "SCHEDULE OF DISTRICT
REGULATIONS," TO CODIFY A DETERMINATION OF USE NOT SPECIFIED
ALLOWING "HEALTH SPA OR STUDIO" AS A PERMITTED PRINCIPAL USE IN
OFFICE DISTRICTS; AND AMENDING SECTION 2502, TO CLARIFY THE
DEFINITION OF "HEALTH SPA OR STUDIO"; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
105 May 22, 1997
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 Wifredo Gort
Commissioner Humberto Hernandez
Mayor Joe Carollo
NAYS: Commissioner J.L. Plummer, Jr.
ABSENT: Vice Mayor Tomas Regalado
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11495.
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: You voted no on PZ-10?
Commissioner Plummer: No massage parlors.
Mayor Carollo: You're voting no on PZ-10?
Commissioner Plummer: You heard me the first time.
Mayor Carollo: Well, it says here, "Notes, passed first reading January 23, 1997, moved by
Plummer."
Commissioner Plummer: That's right. And Plummer has the right to change his mind, which I
did.
Mayor Carollo: What does this have to do with massage parlors?
Commissioner Plummer: That's what I don't know, and that's why I voted against it. I don't
know how you're going to enforce it.
Mayor Carollo: But you did move it on the first reading.
Commissioner Plummer: That's correct.
Mayor Carollo: OK. I just want it clear.
Commissioner Plummer: Then I saw the light, and I converted.
Mayor Carollo: He got religion. OK. All right. Call the roll.
Commissioner Gort: He already did.
Mr. Walter Foeman (City Clerk): For which one, Mr. Mayor?
Mayor Carollo: For Plummer again, just in case he changed his mind again.
Mr. Foeman: Commissioner Plummer?
106 May 22, 1997
Commissioner Plummer: (Unintelligible).
Mr. Foeman: Commissioner Plummer votes no.
----------------------------------------------------------------------------------------------------------------
41. SECOND READING ORDINANCE: RESCIND ORDINANCE 11207 --
AMEND TEXT OF ORDINANCE 10544 (MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, GOALS, OBJECTIVES, POLICIES &
INTERPRETATION OF FUTURE LAND USE MAP, SINGLE FAMILY,
DUPLEX & MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND
USE) -- TO EXPAND LAND USES WITHIN DESIGNATED HISTORIC
SITES OR HISTORIC DISTRICTS WITHIN SAID SINGLE FAMILY,
DUPLEX & MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND
USE CATEGORIES WITH INTENSITY CAPS -- APPLICANT: PLANNING &
DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: All right. PZ-11, a companion item.
Commissioner Plummer: You guys, I'll tell you, you've had a great day today. Nothing but
booze and massage parlors. Great day in City Hall.
Mayor Carollo: Mr. City Attorney, can you set him right?
Commissioner Gort: Can you explain to him what...
Mr. Joel Maxwell (Deputy City Attorney): We have indicated that... We've indicated...
Mayor Carollo: Just because he sees Jimbo here today, he thinks everything has got to do with,
you know, having a good time. I don't know. We're on PZ-11.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-11 is a second reading
ordinance in order to amend the text of the comprehensive plan. This was also sent to DCA
(District Court of Appeals) and came back in compliance. This is to amend the interpretation of
the future land use plan for historic houses that have been historic, either in districts or single
designations, so that they can be used as professional offices, tours, guest homes, museums,
private clubs and lodges, only in the contributing structures. The companion item, which is PZ-
12, puts further limitations on the private clubs and lodges. This requires that they be on
structures... on properties with 15,000 square feet or more, and it includes provisions for valet
parking. Up to 75 percent of the required parking may be by valet. And attendants shall remain
duty during business hours. It also requires a special exception so we can put limitations on
hours of operation, and look to see how it would affect any adjoining residential areas. So these
are companion items. This is second reading.
Commissioner Gort: Move it.
Mayor Carollo: Commissioner Hernandez, are you seconding PZ-11?
Commissioner Hernandez: Yes, I do. I do.
Mayor Carollo: OK. Second by Commissioner Hernandez. Can you read the ordinance, PZ-11?
Call the roll, please.
107 May 22, 1997
An Ordinance entitled -
AN ORDINANCE, RESCINDING ORDINANCE NO. 11207, ADOPTED
DECEMBER 1, 1994, IN ITS ENTIRETY; AND AMENDING ORDINANCE NO.
10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1989-2000, GOALS, OBJECTIVES AND POLICIES, INTERPRETATION OF THE
FUTURE LAND USE PLAN MAP, SINGLE-FAMILY, DUPLEX, AND MEDIUM -
DENSITY MULTIFAMILY RESIDENTIAL LAND USE PARAGRAPHS TO
INCLUDE PROFESSIONAL OFFICES, TOURIST AND GUEST HOMES,
MUSEUMS, AND PRIVATE CLUBS OR LODGES AMONG THE LAND USES
PERMITTED ONLY IN CONTRIBUTING STRUCTURES WITHIN DESIGNATED
HISTORIC SITES OR HISTORIC DISTRICTS WITHIN SAID SINGLE-FAMILY,
DUPLEX, AND MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL LAND USE
CATEGORIES; INSTRUCTING TWOFOLD TRANSMISSIONS OF COPIES OF
THIS ORDINANCE 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 July 25, 1996, 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
Mayor Joe Carollo
NAYS: None.
ABSENT: Vice Mayor Tomas Regalado
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11496.
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.
108 May 22, 1997
----------------------------------------------------------------------------------------------------------------
42. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE
7 "HP HISTORIC PRESERVATION OVERLAY DISTRICTS" -- AMEND
SECTION 704.1.4 "DEVIATIONS CONCERNING OFFSTREET PARKING --
FOR VALET PARKING FOR PRIVATE CLUBS OR LODGES -- FURTHER
PROVIDING NEW SECTION 704.2.4 TO REQUIRE SPECIAL EXCEPTION
FOR PRIVATE CLUBS OR LODGES -- FURTHER PROVIDING NEW
SECTION 704.3(4) FOR STANDARDS FOR PRIVATE CLUBS & LODGES.
Commissioner Gort: PZ-12 is a companion item.
Mayor Carollo: Hold on. Hold on. PZ-11...
Commissioner Plummer: No, this is...
Mayor Carollo: ... passed on first reading July 25, 1996. Nays, Plummer.
Commissioner Plummer: That's right.
Mayor Carollo: And since this is a companion to PZ-12, the one before that you voted yes for
originally, but now, today, you voted no.
Commissioner Plummer: It's a typographical error.
Mayor Carollo: I think you heard about that beer. It was warm.
Commissioner Plummer: Do you think I'm going to lie with Father Fox sitting in the audience?
Commissioner Gort: PZ-12 is a companion item. I move it.
Commissioner Hernandez: Second.
Mayor Carollo: PZ-12. Moved by Commissioner...
Commissioner Plummer: I do have some questions on 12.
Mayor Carollo: OK.
Commissioner Plummer: My questions have to be that this is basically going to allow valet
parking for private clubs. Correct?
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Yes, in historic districts. It
has to be a designated historic structure. If they want to convert it to a private club or lodge, they
have to go to the...
Commissioner Plummer: My concern is, is this going to eliminate their need for on -site parking
entirely?
i
Ms. Slazyk: No. The valet parking has to be located on site.
Commissioner Plummer: On site. And it doesn't preclude the need of required parking by the
ordinance.
109 May 22, 1997
Ms. Slazyk: No.
Mayor Carollo: What districts are we looking at right now in the City that would be considered
historic that we could have the valet parking in?
Ms. Slazyk: All right. This is actually... Because of the restriction on the 15,000 square foot
lot, there are very few historically designated sites in the City that would even qualify. There is
nothing in Morningside that reaches the 15,000 square feet, so there won't be a private club or
lodge...
Mayor Carollo: Is this for downtown Miami mainly?
Ms. Slazyk: No. This is for some of those along Bayshore Drive, here in the Grove, that... This
is the only way to find an adaptive reuse for those to preserve them. If not, we foresee them
being in jeopardy of being demolished for a higher economic gain. And this would allow an
appropriate use. It has to go to the board, and then it has to come to this Commission for a
special exception. You'll be able to review the site plan on how they provide their parking.
Mayor Carollo: All right. Is there a motion for it?
Commissioner Plummer: Yeah. But you know, Mr. Mayor, one of the problems that's come
before this board before, and still is a problem today, and more so today is the fact these
condominiums are required to provide "X" number of parking, but they don't have to attach it to
a unit being sold. You can buy a unit and not have to buy the parking, because the parking is
sold separately from the unit. And what we find here, especially on 25th Road, to give you the
example, is that people who don't buy a parking space are parking all over the streets, all over
the median, and the parking garages are empty. And it's ridiculous. We're not making
provisions for adequate visitor parking. They have people that come there and... guests that
come there, no parking available, because they don't have visitor parking. And now, we're
going to go into a... Well, this is only historic districts.
Ms. Slazyk: Yes.
Commissioner Plummer: But you're speaking of Brickell Avenue, where the heaviest
concentration of condos are. And I'm just wondering, are we working against ourselves here by
virtue of the fact of allowing valet parking?
Ms. Slazyk: First of all, they have to provide the required parking. If they can't provide the
required parking on site, then they have to come get a variance.
Commissioner Plummer: The required parking is primarily for the tenants of the building. OK?
Ms. Slazyk: Right. This is for a private club.
Commissioner Plummer: The valet parking can be for an assessory use in the building, or it can
be for visitor parking. That's the difference.
Commissioner Gort: No.
Commissioner Plummer: Yeah.
Commissioner Gort: It's two different issues there.
110 May 22, 1997
Commissioner Plummer: No. We're talking valet parking.
Ms. Slazyk: But this is related only to a private club or lodge. What they're going to use them
for is something like a restaurant, or a cafe, or a club that can rent the building out for wedding
receptions, for banquets and...
Commissioner Plummer: But the point is, if they don't have adequate parking to start with, now
you're going to put in valet parking, and they've got to park on site, and they have 200 people to
a wedding. You've got an additional hundred cars. Where are they going to put them?
Ms. Slazyk: That's why we want 15,000 square foot lots, so they can accommodate that kind of
volume.
Commissioner Plummer: Fifteen thousand square feet is for the parking only?
Ms. Slazyk: That's the size of the lot. The structure takes up a part of it, and the rest of the lot
has to be big enough to accommodate the traffic.
Commissioner Plummer: OK. We can try it. If it doesn't work, we can change it. But I
seriously have questions about it, I really do.
Ms. Slazyk: I think there are only two or three in the City that even come...
Commissioner Gort: Let me ask you a question. There's a place, there's always functions there
for the last ten or 15 years.
Commissioner Plummer: What?
Commissioner Gort: That place right over there on Bayshore, right across from the...
Commissioner Plummer: That's illegal,
Commissioner Gort: It is?
Commissioner Plummer: It's been illegal since it's been there.
Ms. Slazyk: Yeah. That's not the one that...
Commissioner Plummer: It's Bob Heinz' old house.
Commissioner Gort: Exactly.
Ms. Slazyk: There's another one that was seeking a designation that was supposed to be on this
agenda. And that's the one that was... that required this.
Commissioner Gort: OK.
Commissioner Plummer: Yeah, right.
Mayor Carollo: What's the will of this Commission? Moved by Commissioner Gort, seconded
by Commissioner Hernandez. Can you read the ordinance on the second reading? OK. The
question that I would have on this before the roll is called is the following: If all private
activities must occur on private property, then how is the valet parker going to charge for picking
up vehicles in a public street or right-of-way?
ill May 22, 1997
Ms. Slazyk: They can't do it on the public street or right-of-way. The car has to be driven up to
the house, and at that point, you can get out and enter the house, and it can be valet parked
elsewhere on the site.
Commissioner Gort: Where are we?
Commissioner Plummer: We're still on 13.
Mayor Carollo: So you're saying they can't do it in the public right-of-way.
Ms. Slazyk: No. That's not allowed.
Commissioner Plummer: I'm sorry, Willy, we're on 12.
Mr. Joel Maxwell (Deputy City Attorney): This ordinance does not address that.
Ms. Slazyk: This ordinance doesn't address that. The only valet parking we have in the City on
public right-of-way, I believe, is in the CBD (Central Business District).
Mr. Maxwell: That's right.
Ms. Slazyk: So this does not address..
Mayor Carollo: OK.
Commissioner Plummer: You mean these are the only ones that you know about.
Mayor Carollo: Well, yeah.
Commissioner Plummer: Because there are plenty of them in the Grove that valet park, park on
the street.
Mayor Carollo: The only ones they want to know about. But...
Mr. Maxwell: Legal.
Ms. Slazyk: Legal.
Commissioner Plummer: Yeah, they park on the street.
Mayor Carollo: Don't look at me. The last time I brought it up, you guys all ganged up on me,
and, you know...
Commissioner Plummer: Call the roll.
Mayor Carollo: Yeah, call the roll on that one, PZ-12.
An Ordinance entitled -
112 May 22, 1997
0
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
"ARTICLE 7. HP HISTORIC PRESERVATION OVERLAY DISTRICTS":
SUBSECTION 704.1.4, "DEVIATIONS CONCERNING OFF-STREET PARKING,"
TO ALLOW VALET PARKING FOR PRIVATE CLUBS OR LODGES; BY
PROVIDING A NEW SUBSECTION 704.2.4 TO REQUIRE A SPECIAL
EXCEPTION FOR PRIVATE CLUBS OR LODGES, AND A NEW SUBSECTION
704.3(4) SETTING MINIMUM LOT SIZE AND HOURS OF OPERATION FOR
PRIVATE CLUBS OR LODGES IN SUCH DISTRICTS; 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 July 25, 1996, 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. 11497.
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. BRIEF DISCUSSION OF TOWING ASSIGNMENTS -- FURTHER DISCUSS
QUESTION OF REIMBURSEMENT FOR REGISTERED LOBBYISTS WHO
DO NOT APPEAR BEFORE COMMISSION -- SEE LABEL 28.
Vice Mayor Regalado: Mr. Mayor, before you go on, I was talking to several persons outside,
and... because of the towing issue being called for today, several persons registered as lobbyists.
And these are people that don't have a lot of money, and they believe that they want to come
back on June 12th or whenever we have this discussion again. They went to the City Clerk and...
to see if they can get their money back, because they did not speak to the Commission, and they
were told that they need some authority from the Commission. So I... In all fairness, if they do
not... they didn't speak, and they will be coming back, I believe. If we cannot give them the
money, at least can we give them credit for the next time that they would...
Commissioner Gort: They didn't get a chance to speak so...
Commissioner Plummer: That's for a year, isn't it? They pay for a year, a hundred dollars
($100).
113 May 22, 1997
Mayor Carollo: No, in each item.
Vice Mayor Regalado: No, that's once.
Commissioner Hernandez: In each issue they come.
Commissioner Plummer: Send them a thank you note.
Mr. Walter Foeman (City Clerk): The ordinance provides for a specific return provision from
the City Attorney.
Commissioner Plummer: Hey, if you go rent a room and you don't use the swimming pool, are
you going to get a refund for the swimming pool? Oh, no. Send them a thank you note.
Commissioner Gort: What did he have for lunch?
Commissioner Plummer: This is crazy. Here we are sixty-eight million dollars ($68,000,000) in
debt, and they're worried about a hundred.
Commissioner Gort: Jimbo, did he go to lunch at your place? Did he have lunch at your place
today?
Commissioner Plummer: Smoked sailfish and Budweiser. You can't beat it.
Vice Mayor Regalado: Well, how many do we have? Raise their hands. Three, four persons.
Commissioner Plummer: We want you to know how much we appreciate it.
Commissioner Hernandez: Well, why don't we give them just a rain check for that next issue in
June?
Vice Mayor Regalado: Yeah.
Mayor Carollo: But wait a minute. Were they lobbyists or not?
Mr. Foeman: From what I understand, they filled out the lobbyist registration forms.
Commissioner Plummer: That's it.
Mr. Foeman: They weren't lobbyists prior to today.
Vice Mayor Regalado: They never were. They never registered. They just came to speak on
behalf of what... several companies.
Commissioner Plummer: If they're not lobbyists, they didn't have to pay.
Vice Mayor Regalado: They did pay.
Commissioner Plummer: They didn't have to if they were not lobbyists.
Vice Mayor Regalado: Well, they came to lobby in favor of one particular...
Commissioner Plummer: No, no, no. They came to speak in favor, not lobby. There's a
difference.
114 May 22, 1997
a
Vice Mayor Regalado: Well...
Commissioner Hernandez: So they should be given a refund then.
Commissioner Plummer: No, sir.
Mr. Joel Maxwell (Deputy City Attorney): If they registered as lobbyists, then whether they
spoke or not...
Commissioner Plummer: That's right.
Mr. Maxwell: ... they represented that party here, and...
Commissioner Plummer: That's right. Internal Revenue will be on your case at the end of the
year saying, "Why? How much did you make out of being a lobbyist?" We want you to know...
Commissioner Gort: Excuse me. Let me ask you a question.
Commissioner Plummer: What's...
Commissioner Gort: My understanding is...
Commissioner Plummer: ... a hundred dollars ($100)?
Commissioner Gort: ... if you register as a lobbyist, we set up a fee of five hundred dollars
($500). Then for each appearance, they have to pay a hundred dollars ($100)?
Mayor Carollo: Correct.
Commissioner Plummer: Yeah. Should have been more.
Commissioner Gort: OK. Excuse me. I haven't finished my question. This individuals
registered?
Mr. Foeman: I don't think you approved an appearance fee. I think it's an issue, and the
ordinance provides for an issue on behalf of any one principal.
Mr. Maxwell: It's not per appearance.
Mr. Foeman: It's not per appearance.
Commissioner Gort: No, no.
Mr. Maxwell: It's not per appearance. It's per transaction, is what it is.
Mayor Carollo: Yeah, per issue.
Mr. Maxwell: So if... on this particular issue of towing, they would only pay the one hundred
dollars ($100).
Commissioner Gort: No, no, no. My question is... My question is... and see if I understand
correctly. My understanding was you had to register as a lobbyist, you had to fill out your
application and pay a five hundred dollar ($500) fee. Am I correct?
115 May 22, 1997
Mr. Maxwell: That's one of the charges, correct.
Commissioner Gort: One of the charges.
Mr. Maxwell: Yes.
Commissioner Gort: Then if they make an appearance, or they represent someone, they have to
pay an additional hundred dollars ($100)?
Mr. Foeman: I don't think it's an appearance. I think it's... as long as that issue is before the
board...
Commissioner Gort: OK. If they're going to speak, address an issue in front of the board, they
got to pay a hundred dollars?
Mr. Maxwell: Yes. As many times as that comes back, that one hundred dollars ($100) covers
that.
Commissioner Gort: These individuals that are in front of us today, did they register and send
the five hundred dollars ($500)?
Mr. Foeman: Yes, they did.
Commissioner Gort: They were.
Mr. Foeman: Mm-hmm.
Commissioner Gort: So it cost them six hundred dollars ($600).
Mr. Foeman: That's right.
Mayor Carollo: Well...
Commissioner Plummer: We thank them.
Commissioner Hernandez: No. I think they should be given an opportunity for their money's
worth, come June 12th.
Commissioner Plummer: Hey, I'm sorry. I'm sorry. If they came here...
Mr. Maxwell: They will. That's took care, it's over.
Commissioner Hernandez: Well, they're going to have to pay another hundred dollars ($100).
Mr. Maxwell: They don't have to pay again.
Vice Mayor Regalado: No, but J.L., it was our decision to defer that issue.
Commissioner Plummer: So. They can speak...
Mayor Carollo: We didn't defer anything. We took action on it.
Vice Mayor Regalado: No, we said until the 14th.
116 May 22, 1997
Mayor Carollo: No, no, no. We took action on it. We passed a resolution Commissioner
Plummer made that you seconded.
Vice Mayor Regalado: I know that.
Mayor Carollo: We all voted for it, and that was the end of it. Now, after I think the 12th, what
comes to mind is I was saying that, you know, if we wanted to look at it, we should maybe wait
until there was a record of 12 months, and then maybe we could see if there was a need to bring
it back.
Commissioner Hernandez: No. We gave... We gave Nolan's up to June 12th to comply. That's
what it was.
Commissioner Plummer: Let me... Let me be bilingual.
Mayor Carollo: Oh, no... OK, yes. Yeah. Nolan had to comply by June 12th, but it's not that
we said just Nolan. It was because of the problem that came up and we were made aware of
Nolan. He had ten days. So if for any reason, in ten days, which I guess is about the June 12th
meeting, he doesn't comply, then we deal with it.
Commissioner Plummer: No, we said June the 12th, not ten days.
Mayor Carollo: Yeah, June 12th, yeah, the next meeting.
Commissioner Plummer: Yeah. Let me be bilingual, OK? You want to be bilingual? I'll say
no more.
Commissioner Gort: What was that?
Commissioner Plummer: "Tacano."
Mayor Carollo: What did he eat today?
Commissioner Plummer: Sailfish and Budweiser.
Mayor Carollo: Anyway.
Commissioner Plummer: There was too much smoke in the smoked fish.
117 May 22, 1997
----------------------------------------------------------------------------------------------------------------
44. (A)SECOND READING ORDINANCE: CHANGE ZONING ATLAS --
AMEND ORDINANCE 11000, ARTICLE 7, HP HISTORIC
PRESERVATION OVERLAY DISTRICT -- FROM R-1 SINGLE
FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY RESIDENTIAL
& HP HISTORIC PRESERVATION OVERLAY DISTRICTS --
LOCATION: 3298 CHARLES AVENUE -- APPLICANT: PLANNING
& DEVELOPMENT.
(B) COMMENTS REGARDING NEED TO REPLACE SIGNS
IDENTIYING MARIAH BROWN HOUSE & MARJORIE
STONEMAN DOUGLAS HOUSE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: What... OK. We're...
Commissioner Plummer: Where are we?
Commissioner Gort: Second reading, 13.
Mayor Carollo: ... on second reading of PZ-13.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): This is to add the HP
(Historic Preservation) Overlay District to the Mariah Brown house. It was designated on
November 21st of 1995. With the overlay designation, they can now apply for one of the
adaptive reuses in order to preserve the house.
Commissioner Plummer: Mr. Mayor, I would like to move this issue with another proviso. I
know money is short, but this is an historic site in Coconut Grove, and I would think that this
City should put a sign that is absolutely in accord with what should be on that site, not the sign
that is there presently. I think that house... The yard needs to be cut and maintained. OK, cut
the grass and put a proper sign in front of that house.
Mayor Carollo: It's the sign... OK. Let the Sports Authority handle it.
Commissioner Plummer: OK. That's fine.
Mayor Carollo: We have funds for Art in Public Places.
Commissioner Plummer: That's fine.
Mayor Carollo: And that would classify the sign that we can make as Art in Public Places.
Commissioner Plummer: Absolutely. Absolutely. I so move item 13.
Commissioner Gort: Second.
Commissioner Plummer: And Mr. Mayor, the same provision goes for 14, which is Marjorie
Stoneman Douglas.
Mayor Carollo: OK. That's fine. Can you do me one favor?
Commissioner Plummer: Yes, sir.
118 May 22, 1997
Mayor Carollo: Can you send a memo, just to remind me of it, on both locations? And we'll
bring it up at the next meeting.
Commissioner Plummer: Sure. If my staff is doing what they're supposed to be, they're
listening and they'll follow up with a memo. If my staff isn't, then I'll get a new staff.
Mayor Carollo: OI{. Is there a motion on 13?
Commissioner Plummer: I so move.
Mayor Carollo: Commissioner Plummer moves 13. Commissioner Gort seconds it. Can you
read the ordinance on second reading?
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS BY CHANGING THE
ZONING CLASSIFICATIONS FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-1
SINGLE FAMILY RESIDENTIAL AND HP HISTORIC PRESERVATION
OVERLAY DISTRICTS FOR THE PROPERTY LOCATED AT APPROXIMATELY
3298 CHARLES AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING ALL THE NECESSARY CHANGES ON PAGE 46
OF SAID ZONING ATLAS; 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 July 25, 1996, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11498.
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.
119 May 22, 1997
----------------------------------------------------------------------------------------------------------------
45. SECOND READING ORDINANCE: CHANGE ZONING ATLAS -- AMEND
ORDINANCE 11000, ARTICLE 7, HP HISTORIC PRESERVATION
OVERLAY DISTRICT -- FROM R-1 SINGLE FAMILY RESIDENTIAL &
SD-18 MIN. LOT OVERLAY DISTRICT TO R-1 SINGLE FAMILY
RESIDENTIAL, SD-18 MIN. LOT OVERLAY DISTRICT & HP HISTORIC
PRESERVATION OVERLAY DISTRICTS -- LOCATION: 3744-3754
STEWART AVENUE (MARJORIE S. DOUGLAS HOUSE) -- APPLICANT:
PLANNING & DEVELOPMENT.
Commissioner Plummer: Move 14 with the same provisions.
Commissioner Gort: Second.
Mayor Carollo: There's a motion and there's a second. Read the ordiance, second reading on
PZ-14.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE ZONING ATLAS BY
CHANGING THE ZONING CLASSIFICATIONS FROM R-1 SINGLE-FAMILY
RESIDENTIAL AND SD-18 MINIMUM LOT OVERLAY DISTRICT TO R-1
SINGLE-FAMILY RESIDENTIAL, SD-18 MINIMUM LOT OVERLAY DISTRICT
AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS, RESPECTIVELY,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 3744-3754 STEWART
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
MAKING ALL THE NECESSARY CHANGES ON PAGE 48 OF SAID ZONING
ATLAS; 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 July 25, 1996, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11499.
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.
120 May 22, 1997
----------------------------------------------------------------------------------------------------------------
46. SECOND READING ORDINANCE: AMEND CHAPTER 62, ARTICLE VI OF
CODE -- TO INCREASE ZONING & PLANNING FEES FOR
NONRESIDENTIAL MAJOR USE SPECIAL PERMITS -- ADD NEW FEES
FOR CLASS II SPECIAL PERMIT TIME EXTENSIONS & NON -
SUBSTANTIAL MODIFICATIONS TO CLASS II SPECIAL PERMITS &
SPECIAL EXCEPTION PERMITS -- APPLICANT: PLANNING &
DEVELOPMENT.
Mayor Carollo: PZ-15, second reading ordinance.
Commissioner Plummer: Special permits. I move it.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): What I would ask is that...
PZ-15 is related to 16 and 17. If 16 and 17 were to not pass, I would ask that 15 he passed in a
modified format. So maybe we should do the presentation.
Commissioner Plummer: I'll defer 15, 1.6 and 17 to be brought back in its right form.
Mayor Carollo: OK.
i
Commissioner Gort: It's there right now.
Ms. Slazyk: Well, no. Sixteen and 17, if they don't pass, then I need 15 to be modified on the
floor.
Commissioner Plummer: What do you want to do?
Commissioner Gort: Let's do 16 and 17.
Commissioner Plummer: All right. I move 15.
Ms. Slazyk: If we hear them together, yeah. But do you want to hear 16 and 17 first?
Commissioner Plummer: Is there any opposition to 15, 16 and 17?
Commissioner Hernandez: I move 16.
Commissioner Plummer: Well, we've got to do 15 first.
Commissioner Hernandez: Why is that?
Mayor Carollo: I don't see any.
Commissioner Plummer: All right. Then I move 15. Proceed.
Mayor Carollo: There's a motion on 15.
Commissioner Gort: Second.
121 May 22, 1997
Mayor Carollo: Second by Commissioner Gort. Read the ordinance.
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.
passed on its first reading, by title, at the meeting of February 27, 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. 11500.
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.
COMMENTS MADE DURING ROLL CALL:
Mayor Carollo: Before I vote, I apologize. I have to ask staff, does this have to do with that
Brickell doctor's office at all, any of these?
Ms. Slazyk: No. No. These were... These, we drafted up months ago in response to problems
that... When a set of plans are approved through a class 2 or special exception, and they're
approved per plans on file, in many cases, there's fine-tuning of the plans between the time
they're approved and the time they come in for a permit. And there is no flexibility or authority
in the ordinance, whatsoever, for us to allow the fine-tuning. So we end up sending people back
to hearing needlessly to change out a landscape plan, or windows and doors.
Mayor Carollo: That's fine, Lourdes. Thank you. I vote yes.
122 May 22, 1997
----------------------------------------------------------------------------------------------------------------
47. SECOND READING ORDINANCE: AMEND ORDINANCE ARTICLE 16 --
MODIFY PROVISIONS REGARDING NON -SUBSTANTIAL
MODIFICATIONS -- ALSO INCLUDE PROCEDURES FOR SUCH
MODIFICATIONS TO APPROVED SPECIAL EXCEPTION PERMIT --
APPLICANT: PLANNING & DEVELOPMENT.
Mayor Carolio: OK. PZ-16.
Commissioner Plummer: Move it.
Mayor Carolio: Moved by Plummer, second by Gort. Can you read the ordinance? This is
second reading.
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.
passed on its first reading, by title, at the meeting of February 27, 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 Carolio
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11501.
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.
123 May 22, 1997
----------------------------------------------------------------------------------------------------------------
48. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE
15 -- FOR ONE TIME EXTENSION OF NO MORE THAN 12 MONTHS --
ADD PROCEDURES FOR NON -SUBSTANTIAL MODIFICATIONS ON
APPROVED CLASS II SPECIAL PERMITS -- APPLICANT: PLANNING &
DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Seventeen.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: Moved by Commissioner Gort, second by Commissioner Plummer. Read the
ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
"ARTICLE 15. CLASS II SPECIAL PERMITS; DETAILED REQUIREMENTS," 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.
passed on its first reading, by title, at the meeting of February 27, 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. 11502.
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.
124 May 22, 1997
----------------------------------------------------------------------------------------------------------------
49. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000,
ARTICLE 5, SECTION 505 -- ADD NEW PROVISION TO ALLOW
REDUCTION OF UP TO 50 PER CENT IN SET BACK REQUIREMENTS
FOR PLANNED UNIT DEVELOPMENT HOUSING PROJECTS -- FOR LOW
INCOME FAMILIES & INDIVIDUALS OR THE ELDERLY, BY SPECIAL
EXCEPTION PERMIT ONLY -- APPLICANT: PLANNING &
DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: PZ-18.
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Hernandez. It's a
second reading ordinance. Can you read it?
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 5, SECTION 505, TO ADD PROVISIONS PERTAINING TO SETBACK
REQUIREMENTS FOR COMMERCIAL AND RESIDENTIAL PLANNED UNIT
DEVELOPMENTS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of February 27, 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. 11503.
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 May 22, 1997
----------------------------------------------------------------------------------------------------------------
50. (A) PROPOSED FIRST READING ORDINANCE: PROPOSE TO AMEND
ORDINANCE 10544, COMPREHENSIVE NEIGHBORHOOD
PLAN -- AMEND FUTURE LAND USE MAP BY CHANGING LAND
USE DESIGNATION FOR PARTICULAR LANDS ON VIRGINIA
KEY TO COMPLY WITH STATE LAW -- APPLICANT: PLANNING
& DEVELOPMENT.
(B) COMMENTS BY COMMISSIONERS TO ESTABLISH "NEED" AS A
CRITERIA TO GIVE SCHOLARSHIPS TO INNER CITY
CHILDREN.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: PZ-19. Plummer wanted this kept until the end.
Commissioner Plummer: That's right.
Commissioner Hernandez: That goes with 20, too.
Commissioner Gort: What's this now?
Commissioner Plummer: Nineteen. We're going to teach you how to play "bocci" hall.
Commissioner Hernandez: Nineteen and 20.
Mr. Jack Luft (Director, Planning & Development): PZ-19 and PZ-20 are companion items.
We're recommending an amendment to the future land use map to accomplish, actually, several
zoning changes. Pardon?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Luft: We're on 19, PZ-19. There are two real issues here on Virginia Key. The first one
begins with the annexation that occurred a couple of years ago wherein all the lands surrounding
Marine Stadium, including the parking lot and the boatyard were annexed into the City of
Miami, along with the southerly portion of the Virginia Key Beach property, where the parking
lot and the carousel and the concession stand is, that was additionally annexed into the City of
Miami. Since that time there has not been an official amendment to our plan or a zoning map to
reflect that those lands now need to be included within those documents. Prior to their
annexation of course, they were outside the City and were not reflected in either the land use
map or the zoning plan. This change, this ordinance would apply at Marine Stadium, GI,
Government Institutional to the stadium and the parking lot which is the zoning that we give all
of our major public stadiums: Orange Bowl, Bobby Maduro and Marine Stadium would be the
appropriate designation. Along the shoreline where the existing boatyard exist today, a portion
of that boatyard is Zone C-1 today. We would continue that C-1 zoning along the shoreline
consistent with that boatyard zoning. So, those would be the two districts that we would apply in
order to fill in that hole on the map that nothing exists today. At the easterly end of the basin,
the closed end of the basin, there is a C-1 area that currently stops short of the road. It should
have been brought all the way to the road so that the uplander area could be made consistent. It
was based inadvertently. The line cut it in half. We're moving that zoning line from the C-1
over to the access road to the east of it or the southeast of it so that that entire parcel has the same
zoning on it. On the far shoreline the opposite shoreline of Marine Stadium basin, there is an
access road, a small paved road that is used to service the barged which has been used in the past
as a stage for Marine Stadium. It is also the access road by which we clean up the shoreline.
126 May 22, 1997
There is a lot of boating use and recreational use of that sandy shoreline around the stadium
basin, boaters come in. It was inadvertently zoned conservation where the road and the barge
and that shoreline is. It is not an environmentally sensitive shoreline and we are recommending
that that shoreline go back to Park and Recreation which it was zoned prior.
Commissioner Plummer: You have a... what do you call it? Zone in there for the birds?
Mr. Luft: Yes. There is also immediately adjacent to that shoreline a small area that reaches just
to the north in consistent with our master plan. We have designated an interpretative area for
boardwalks and environmental trails for bird watching and in the bond issue this last November,
there was funds for an interpretive trail center.
Commissioner Plummer: Jack...
Mr. Luft: Yes.
Commissioner Plummer: ... there is an area on that road designated as I recall for a bird called
the W-R-E-N. A wren. It is a breeding area...
Mr. Luft: OK.
Commissioner Plummer: No, it's a... Joe, you laugh now, I laughed like hell before.
Mr. Luft: OK, Comm...
i Commissioner Plummer: There is a designated area in the registry, it is an endangered area...
Mr. Luft: Critical wildlife area.
Commissioner Plummer: Whatever it is.
Mr. Luft: Yes. It's different.
Commissioner Plummer: OK. And you've got to deal with that.
Mr. Luft: It's different. The critical wild life area boundary lies just outside of this zoning.
Commissioner Plummer: It's there.
Mr. Luft: I know because I drew the line with the fish and wild life service to create that
boundary line for that critical wild life area. It's adjacent to it but it's not in it. So what we're
trying to do here is put Park and Recreation zoning on those areas that we anticipate the public to
use for recreational park or environmental interpretive activities. That's what that shoreline
issue is.
Mayor Carollo: And how many of these birds do we have there, Commissioner?
Commissioner Plummer: One is too many.
Mr. Luft: OK. I mentioned that on the ocean front there is on the southerly end of Virginia Key
beach a parking lot, that area which is currently unzoned would be Park and Recreation which is
the same zoning that the rest of the beach to the north is zoned. And that's filling the hole in the
map that the annexation created. At the westerly end of the Marine Stadium basin is a small
spoil island that is used to buffer the stadium from waves, it's a little spit of sand that currently
has no zoning on it and we're including that as Park and Recreation as well.
127 May 22, 1997
Commissioner Plummer: Why?
Mr. Luft: Because it has no zoning, it needs to have something.
Commissioner Plummer: Why does it need zoning?
Mr. Luft: Well, you have to zone it something. It was a hole in the map that was inadvertent.
Nobody bothered to zone it, I don't know why but it's the adjacent zoning, so, we'll put Park and
Recreation on it. Moving around to the northerly end of the island you have two areas: one of
them is the area of shrimpers lagoon where today you have bordering the lagoon for about 90
percent of that border is about mangroves. But, located on the southwesterly shoreline of that
lagoon is a small fishing camp, a dock and a bait stand and some recreational activities as well as
some facilities used for photo shots.
Commissioner Gort: That's what you got marked as two?
Mr. Luft: That's what is marked as two.
Commissioner Gort: Two on the map?
Mr. Luft: Two on the map. That area was zoned in 1990 in our change over from the
Comprehensive Plan conservation. Conservation zoning does not allow boat docks or bait stands
or photo shots or whatever they're doing there. The proper zoning for that activity is Park and
Recreation. So, we're recommending that just that portion which is used for those activities be
zoned back to Park and Recreation and leave the conservation zoning wherever the mangroves
are, which is the way the master plan intended it to be. This, I regret to say, arose from a
mapping error that dates back several years. Someone inadvertently drew without paying
attention to the differences between mangroves and recreational use, they inadvertently zoned
that entire area conservation, including the parking lot, the restrooms, the picnic area on the
beach. So, if we were ever to go in and fix those bathrooms or the parking lot, we couldn't get a
permit to do it because it's in conservation zoning. So, by changing this we put it back in Park
and Recreation which I must add has been the zoning prior to 1990 for about 40 years. So, were
are going back to what it's always been.
Mayor Carollo: Jack, before you go on, what's going on out there now? I was.. during lunch
break over at Virginia Key...
Mr. Luft: Yes, sir.
Mayor Carollo: ... not at Jimbo's (phonetic), I want to clear it.
Mr. Luft: Yeah.
Mayor Carollo: We had some...
Commissioner Plummer: Then you didn't eat as good.
Mayor Carollo: Yeah, well. We had some people from out of the country that wanted to look at
some City properties and I noticed that there were bulldozers tearing up by the beach...
Mr. Luft: Right.
Mayor Carollo: ... all kinds of tress and stuff there.
128 May 22, 1997
Commissioner Plummer: Yeah, the new outflow line. We approved it.
Mr. Luft: Yes. The Water and Sewer authority, you recall, came in for permits...
Commissioner Plummer: We gave them the rights.
Mr. Luft: ... to build a new outflow to the ocean?
Mayor Carollo: Right.
Mr. Luft: To replace the one that's there, the concern that it's going to break, and they need to
get the treated affluence beyond the coastal current line. So, they're putting a new pipe in the
ground. As part of that work they're going to cover that over. And, I'm happy to say, that we're
going to have a landscape plan of native plants and palms that is going to replace the old pines
trees that were there and we're going to have a beautifully landscaped area as an entrance to that
beach to replace that.
Mayor Carollo: OK, outside of that do you know if we have sold any landfill or sand to
anybody?
Mr. Luft: No sir, we have not sold any yet, however, the Commission has asked that we proceed
with that. We've determined the amount that we have available to sell and I have been told, just
today, that I believe we can actually advertise for proposals on the purchase of that fill without
having to go through now a competitive bid, but that's on the north point.
Mayor Carollo: All right, we better find out what those trucks are carrying out of there because I
can tell and I didn't see any trees in several of them.
Mr. Luft: Well, the trucks... they're taking the excavation out, yeah.
Vice Mayor Regalado: But did we ever? Excuse me, did we ever sell some landfill?
Mr. Luft: No sir, not recently.
Commissioner Plummer: No, we did but not recently.
Mr. Luft: Once upon a time we have sold fill in that past. But it hasn't been for some time yet.
Although, we're trying to get proposals out or bids out this next month, within the next few
weeks to sell some fill on the north point.
Vice Mayor Regalado: But sometimes... It's last year.
Mr. Luft: I don't believe so. Not to my knowledge have we sold it.
Unidentified Speaker: Asset Management.
Mr. Luft: What? Oh, Asset... Who did they sell it to?
Unidentified Speaker: Allied Trucking and Overland.
Mr. Luft: Allied... I'm correct. Before I was involved in Asset Management, I'm told now that
Allied Trucking and Overland bought some fill off the north point.
129 May 22, 1997
Commissioner Plummer:
Didn't they use some of on Melreese?
Mr. Luft: I think so.
Commissioner Plummer:
Yeah, yeah. They used some of it in the Melreese.
Mr. Luft: Yeah.
Unidentified Speaker: ...
in that case.
Mr. Luft: Yeah, we provided it. We didn't sell it to Melreese Course.
Commissioner Plummer:
Well, it was part and parcel of in -kind, is what it was.
Mr. Luft: Yeah, it was our property.
Commissioner Plummer:
Sure.
Vice Mayor Regalado: Do we? Do...
Commissioner Plummer:
Your problem is, that that is salt water fill. That's your problem.
Vice Mayor Regalado: Yeah, but we still have the agreement with Key Biscayne to give them
away, sand or?
Mr. Luft: No.
Vice Mayor Regalado: We don't?
Commissioner Plummer: We don't give Key Biscayne anything.
Mr. Luft: What we have is... Pardon?
Vice Mayor Regalado: Well, we did. We were going to give them a lot.
Commissioner Plummer: Key Biscayne wants to tell the City of Miami how we can run our
City.
Mr. Luft: Let me add that the Bill Baggs State Park is excavating as part of an environmental
reclamation of the park and they came up with a couple of hundred thousand cubic yards of
beach grade sand which the City asked the State to provide to us for the beach and restoration of
the ocean front beach through the park area and the State was kind enough to donate that sand to
the City and it has been placed on the beach. We're in the permitting process to put... to spread
it out. There is still some beach grade sand coming and Key Biscayne has asked if they could
have whatever additional sand is forthcoming from the park. We have asked the State not to
provide that sand to Key Biscayne until our engineering consultants can assure us that we have
all we need to complete the beach restoration all the way around the Shrimpers Lagoon. We
want to do the full beach where the grain area is, where there's a wind surfing beach. We want
to restore that area so we've asked to complete those calculations before we release any of the
State sand.
Commissioner Plummer: One good northeastern and you haven't got enough now.
Mr. Luft: Well, we can only get as much as the permits will allow us to go out beyond, I mean
high water. There is a limit to how much we can take. And what we're trying to do is restore
130 May 22, 1997
the eroded portion. After that we would have to give it up if there's any left to Key Biscayne or
whoever else wanted it. But we want...
Commissioner Plummer: Not to Key Biscayne.
Commissioner Gort: Jack, let me...
Mr. Luft: We want to... Well, that's the State's decision at that point.
Commissioner Hernandez: This has nothing to do with the other sand, the other 300,000?
Mr. Luft: No sir. That's still on the north point, that's dredge fill from the port and that is what
we would be selling.
Commissioner Gort: Jack, let me ask you a question? The Dade County League of Cities, Dade
County and the State of Florida are committed to give... to see about the beach restoration
throughout all of south Florida...
Mr. Luft: Correct.
Commissioner Gort: ... and we are supposed to appoint someone. You are aware? (phonetic)
Mr. Luft: Yes, Diane Johnson. We had a meeting yesterday.
Mr. Luft: We had a meeting yesterday. OK, so what this change would then do, would put the
wind surfing beach area plus Jimbo's, so called the Shrimper Lagoon, into Park and Recreation
and leave the mangroves as conservation around the balance of that lagoon. There is also a
beach area on the north point that was zoned conservation but it is a recreational beach and by
law it would be open to the public for swimming, so we're zoning that Park and Recreation. So,
really there's two issues here...
Commissioner Plummer: Wait a minute, if you open up the beach to swimming, whose liability?
Mr. Luft: We have inquired through the Law Department about reopening the beach because a
number of people are currently using it, walking in and using the beach. So, we're trying to
reopen it but within... for certain limitations of liability and we've been able to ascertain, with
the Law Department's help, language that we would put on a sign that we will post removing
liability from the City absolving us from any responsibility. Without lifeguards. This is the way
the County runs Rickenbacker Causeway beach. There are no lifeguards on Rickenbacker
Causeway but they open it to public use with certain limitations on the risk that the people take
to use it. So, like the County uses the Rickenbacker, we would open the beach and we would
post it and sign it that there were no lifeguards.
Commissioner Plummer: You agree with that, Joel?
Mr. Joel Maxwell (Deputy City Attorney): We have looked at that Commissioner and members
of the Commission. The group that brought it to our attention of course and initially it came to
the assistance... asked for the Commission's assistance on that were the Sail boating group. And
we have determined that we can avoid liability to the City, that is, if it is handled properly, it is
posted properly and so forth and we placed stringent conditions on how it's used. In this
particular case, using the Sail boat as an example, we state that anyone using watercraft of a type
like that would only use the City's property for purposes of embarking and or debarking it, if you
will, going into the water, going out into the public sector of the water, the non -City area and
surtboarding or jet skiing or whatever there is, and then coming back loading and then leaving,
131 May 22, 1997
not picnicking, not doing anything of that nature. We think if we set it up and craft it very
specifically along those lines and enforce it, that we can avoid the liability.
Commissioner Plummer: I seriously question it's enforceable because you will recall the last
lawsuit that we settled, we settled two lawsuits out there. One, the docks at Jimbo's. This was
the people of Fisher Island who were allowed to park over there and run their boat with their
employees when they were building from Jimbo's dock over to Fisher Island. One of the
marketing people...
Mayor Carollo: Who is that?
Commissioner Plummer: Jimbo's, City's dock. Whatever dock it was, the City's dock, OK.
And a lady went out there with her high heel, got it caught it there, broke her leg and they sued
us and we paid out of pocket fifty thousand dollars ($50,000).
Mr. Maxwell: You're correct.
Commissioner Plummer: That's number one, OK. Now, we had another case out on the beach
area in which a kid was walking along, some other idiot had come along emptied out a barbecue
and this kid walked over it, stepped on top of it, and they sued us and we settled out of court for
thirty thousand dollars ($30,000) because we didn't provide proper containers to put the lighted
charcoalin.
Mr. Maxwell: I...
Commissioner Plummer: So, I seriously question that we're going to be absolved from liability
by putting signs out there that somebody conveniently will steal or it's not in the language that
they understand.
Mayor Carollo: How about the one where... the kid in the motor bike?
Mr. Luft: That's in court sir, I would not comment on that.
Commissioner Plummer: We won't...
Mr. Maxwell: Yeah. Let me clarify what I have said. And, I can be very clear about what I
have said. The people seeking to use that water, the waterfront property right now, want to use...
actually want to swim out... not swim, but want to use their equipment out in the ocean. We're
not talking about use of the shoreline or anything like that.
Commissioner Plummer: Yeah, but they can do that right now from the marina at Crandon Park.
Mr. Maxwell: If they... Commissioner, if I may? If a person is injured on City property in the
process of doing that, we probably would be liable at that point. But the issue came up regarding
whether or not we were liable for not providing lifeguards, and that was issue that was presented
to us. Not about whether or not a person is injured on City property through negligence of the
City in some way. We would not absolve ourselves of that liability.
Mayor Carollo: I would tell you now, the way that place is out there right now, and I was there a
few hours ago, it's extremely dangerous.
Commissioner Plummer: Absolutely.
Mayor Carollo: Extremely dangerous.
132 May 22, 1997
Commissioner Plummer: Absolutely. Under no circumstances would 1 vote to allow that area to
be out there, City property be used without some kind of provisions to protect us from liability. I
mean, I think it's fool hearty. Everybody today looks for any reason in the world to get a
lawsuit. And everybody in this town has the idea that this City has big pockets. And somewhat I
have to agree with them. But I mean, it's just ludicrous that we're going to go out there, you're
going to eliminate people having to pay to go out there and as I go out there and find that most of
the people out there are not City residents. And the City residents are having to pay to keep it
up. I think, I got some serious problems there.
Mr. Luft: The reason it was closed in the first place was because of our inability to maintain it
on an affordable basis in...
Commissioner Plummer: No, that's not true. It was closed because of the fact that it was
costing us more to put a guy on a toll charging booth that what we were taking in.
Mr. Luft: That's what I was trying to say. The costs of running the beach and maintaining it and
operating it were not sufficient to cover... covered by the revenues. So in our Five Year
Recovery Plan and the Oversight Committee asked us to close those places that were a drain on
the City's finances. The situation...
Commissioner Plummer: Tell me what was the audacity of the wind surfing people to file a
lawsuit against us?
Mr. Luft: Well, the concern was with the Comprehensive Plan. And whether or not State
monies were spent on the beach that we were obligated to keep the beach open in light of those
funds.
Commissioner Plummer: And?
Mr. Luft: Because it's a financial emergency. Because the City is empowered to take these
actions in light of that emergency, we are... we have the legal ability to close the beach. Now, I
think we can all agree our desire would be to open the beach as soon as we can reasonably do
that and the two issues there are doing so without adding cost to the City and doing so, so we
don't have liability to the City. Now, the problem we have is that people are continuing to use
the beach. It's very difficult on that open, long stretched beach to keep people from walking in.
And with that, trash is accumulating, so we still have to go in and empty the trash and clean it
out but it makes the operations that much more difficult.
Commissioner Gort: How about a "No Trespassing" sign?
Mr. Luft: The hope was...
Commissioner Plummer: They got a gate up there right now that's as big as your bulldozer and
people are just going right over it.
Mr. Luft: The hope is that...
Commissioner Plummer: They had to go out there three times that I know of with a bulldozer
and push dirt up into a berm so that the four -wheelers couldn't get over it. I mean, this is crazy.
So, you put a sign up there you're going to be...
133 May 22, 1997
Mr. Luft: What we hope to do is to be able to effect a very limited opening up of the beach with
those legal restrictions attacking us and then the ability to clean it and keep it in reasonable
condition for use.
Commissioner Plummer: Just let the record reflect, Mr. Luft, that this vote here is totally
opposed to opening up that beach...
Commissioner Gort: Same here.
Commissioner Plummer: ... for the potential liability of not protecting this City, and I will vote
against it, whether you inform me that you're opening it up or not. I think it is fool- hearty to put
this City in jeopardy for a liability which could be incurred, which we don't have to do. So
that's just one vote.
Mayor Carollo: J.L., hold on, I'm missing something here.
Commissioner Plummer: OK.
Mayor Carollo: What does this first reading ordinance...
Mr. Luft: This has nothing to do with...
Mayor Carollo: ... have to do with opening the beaches?
Mr. Luft: This has nothing to do with opening the beach.
Commissioner Plummer: No, no.
Mr. Luft: This is simply correcting a mapping error.
Mayor Carollo: OK, that's fine. Now, this Commission had taken a vote instructing the
administration that the beaches were going to be closed for the reasons that we had stated before.
Mr. Luft: Right.
Mayor Carollo: As I understand it, the only way they could be open again is if the
1
administration comes back to the City Commission.
Mr. Luft: Correct, correct.
Mayor Carollo: OK. So, what did I miss in between all of this with the beaches being opened?
Mr. Luft: Well, what we're trying to do is find a way legally to protect ourselves from a liability
standpoint and financially to do this so that it's not adding extra financial burden to the City and
that's... Right now we're incurring costs to clean up the beach because...
Mayor Carollo: Yeah, but what does that have to do with this ordinance, Jack? That's what I
don't understand.
Mr. Luft: It has nothing to do with it. But, the issue was brought up.
Mayor Carollo: Then, let's drop that and you know, if we....
Commissioner Gort: You have to come back to us.
134 May 22, 1997
Mayor Carollo: If that has to come back to us, let's deal with that separately...
Mr. Luft: OK, fine.
Mayor Carollo: ... than the issue at hand.
Mr. Luft: All right.
Mayor Carollo: I think we're complicating things here.
Mr. Luft: Well, I was trying to answer the question.
Mayor Carollo: The Parks and Recreation classification that we have next to the sewage
treatment plant.
Mr. Luft: Yes.
Mayor Carollo: Is that the same Parks and Recreation classification that we have for instance,
Bicentennial, FEC (Florida East Coast), track?
Mr. Luft: Yes.
Mayor Carollo: OK, so... All right, so it's the City of Miami's...
Mr. Luft: City of Miami's Park and Recreation.
Mayor Carollo: Park and Recreation classification?
Mr. Luft: Correct.
Mayor Carollo: Yeah. Which?
Commissioner Plummer: You're showing over there C-1. Is that a typical C-1 zoning?
Mr. Luft: The C-1 on the north point is already there. That has been there...
Commissioner Plummer: No, no, I'm talking about...
Mayor Carollo: No. C-1 is different. City of Miami's Parks and Recreation, J.L., is wide. I
mean, you know...
Commissioner Plummer: I'm talking down here. Come down.
Mayor Carollo: That's how we're being able to put your...
Commissioner Plummer: Right here.
Mayor Carollo: That's how we're being able to even actually have an arena built over at FEC
because it's Park and Recreation.
Commissioner Plummer: Yeah, but I am saying... That's retail?
Mr. Luft: That's C-1. No, C-1 was for clubs, resort lodging that sort of activity. And that's
been there since 1990.
135 May 22, 1997
Commissioner Plummer: So what is Survival City going to be zoned?
Mr. Luft: Survival City? You mean on the beach?
Commissioner Plummer: Yeah.
Mr. Luft: Park and Recreation.
Commissioner Gort: Park and Recreation.
Commissioner Plummer: I don't see it on this map.
Commissioner Gort: Yeah. It's there.
Mr. Luft: Number three.
Commissioner Plummer: Oh, OK, all right.
Mr. Luft: You see, part of this Park and Recreation is over here.
Commissioner Plummer: All right, all right.
Mr. Luft: All of this...
Mayor Carollo: That's number... number what now? Number two, right?
Mr. Luft: Number three, so called "Survival City" where we used to have the camp on the
beach.
Mayor Carollo: OK. Yeah, down that way, sure.
Mr. Luft: Yeah. That's all part of the Park. The beach is Park and Recreation today, we're just
filling that hole that was left when we annexed that area and continuing the Park and Recreation
zoning.
Commissioner Plummer: OK, so where else are we?
Commissioner Gort: That's it.
Mr. Luft: So, that's it. The Marine Stadium, the shoreline, the beach, the lagoon and the beach
on the north point back to Park and Recreation.
Commissioner Plummer: Where that sea water I just inquired about, was it that where there
once was a proposal for a Burger King?
Mr. Luft: No sir, that was on the corner of...
Commissioner Plummer: Of the road.
Mr. Luft: the river. That was out here.
Commissioner Plummer: OK, all right.
136 May 22, 1997
Mr. Luft: And that was at the corner of Rickenbacker and that's not in the City limits, that
would be a County issue.
Mayor Carollo: Yeah, that's not City limits then.
Commissioner Plummer: All right, so what's our problem now?
Mr. Luft: Nothing. I am just recommending that we put zoning on those areas that have
annexed because we need to and we correct the map where we inadvertently put conservation
zoning and eliminated the potential use of Jimbo's or the recreational beach and we should go
back to Park and Recreation.
Mayor Carollo: How many acres does the City of Miami actually own at Virginia Key, Jack?
Mr. Luft: Pardon?
Mayor Carollo: How many acres does the City of Miami actually own on Virginia Key?
Mr. Luft: About 700. There is about 1,000...
Mayor Carollo: OK, is it more than 700, is it less? I always keep hearing about...
Mr. Luft: It's probably a little more. It's a thousand acre island and about...
Commissioner Plummer: There is 1,047.
i
Mr. Luft: Pardon?
Commissioner Plummer: One thousand forty-seven.
Mr. Luft: One thousand forty-seven. There's about 200, 250 acres that the... It's outside the
City limits that are County owned. That's the Noah Labs Fisheries, Rosenthal Seaquarium and
the actual Causeway itself. And, the balance of the area is City.
Mayor Carollo: But, that also includes the sewage treatment plant, right?
Mr. Luft: Yes, sir.
Mayor Carollo: On those 250.
Mr. Luft: Now, we don't own the sewage treatment plant...
Mayor Carollo: Yeah.
Mr. Luft: ... so that's why I say it's about 700.
Mayor Carollo: Yeah, OK.
Mr. Luft: If you count the treatment plant plus what's on the other one, the Causeway.
Commissioner Plummer: How did that? There's a school in there now, I forget the name of it.
Mr. Luft: Yes, the Mast Academy.
137 May 22, 1997
Commissioner Gort: The Mast Academy.
Commissioner Plummer: No. The one on the service road.
Commissioner Gort: The university.
Mr. Luft: The Dade Marine Institute. That's a...
Commissioner Plummer: The Dade Marine Institute. How did they build on our property?
Mr. Luft: They did not, that's County land but they did build a driveway across... We own,
actually the road, where the road right-of-way is, and they connected the driveway across that
line because the City limit line runs on the right hand or the easterly side of the road and they
built just across that line back in the trees where the County owns that land.
Mayor Carollo: How did the School Board end up with that property? It was the University of
Miami that first had that.
Mr. Luft: The...
Commissioner Plummer: Joe, I negotiated it. I negotiated it. We gave it to the University of
Miami for the Oceanographic Institute. Planet Ocean as you might recall is what it was called.
They went broke, went broke and the University of Miami had an obligation to assume any
liabilities. Those liabilities exceeded two hundred and fifty thousand dollars ($250,000). The
University was looking for a way out. The School Board came in and asked would they be
considered for a magnet school marine related only. The City actually negotiated with them for
the price of that property, we got five million dollars ($5,000,000) in cash, plus we got ten
scholarships a year for ten years for inner City kids to go to the University of Miami, and that's
how it was negotiated.
Mayor Carollo: That's, OK, the ten scholarships are for inner City kids?
Commissioner Plummer: Yes, sir.
Mayor Carollo: Now, on those scholarship do we have any guidelines that they should come
from...
Commissioner Plummer: Yes, to keep it...
Mayor Carollo: ... needy families?
Commissioner Plummer: ... to keep it out... Yes, it had to be number one, needy families. It
had to from inner City and to keep it from any politics entering, there was a board in the School
Board who makes all determinations as it relates to scholarships being given. We, the City
Commission.
Mayor Carollo: To the UM (University of Miami).
Commissioner Plummer: Yes.
Mayor Carollo: Yeah.
Commissioner Plummer: We, the City Commission, surrender any and all names every year to
that board at the School Board...
138 May 22, 1997
Mayor Carollo: But they must be needy children.
Commissioner Plummer: They must he needy and they must be inner City kids.
Mayor Carollo: Now, what is inner City? Is that, you know, homes that are worth half a million
dollars ($500,000) or more in Coconut Grove or?
Commissioner Plummer: Joe, I can't answer that. I...
Mayor Carollo: Families that are making three hundred thousand dollars ($300,000) a year or
more. Because unbeknownst to all us...
Commissioner Plummer: You could...
Mayor Carollo: ... there are some kids that we approved this last time around...
Commissioner Plummer: Yeah.
Mayor Carollo: ... that meet the criteria that I just mentioned. But...
Commissioner Plummer: I don't think any of them... To my knowledge, some of the times the
scholarships have gone for want. There weren't... we weren't able to fill the ten.
i
j Mayor Carollo: Well, Commissioner, I'm just trying to, you know, get clarified what it was that
i
we did.
Commissioner Plummer: I don't know the answer of what is the definition of inner City. I don't
know that definition. But supposedly this thing with the School Board does in fact establish
need. Now, if that's any criteria that the need is there for the help of the kids so that they can go
to school.
Commissioner Gort: My understanding is it's on first reading.
Mr. Luft: Yes.
Commissioner Gort: I'm ready to make a motion, Mr. Mayor.
Mayor Carollo: OK, if you could make the motion and if there is a second then I'll open it up
for discussion from the public if there is any.
Commissioner Gort: So moved.
Mayor Carollo: There is a motion by Commissioner Gort.
Commissioner Plummer: Second.
Mayor Carollo: Second by Commissioner Plummer. Is there anyone from the public who would
like to address the Commission. OK, if you can all come up and you could line up on either
side.
Mr. Joel Maxwell (Deputy City Clerk): Mr. Mayor, you need to swear them in, too.
139 May 22, 1997
a
Mayor Carollo: Yeah, each of you is going to have give your name and address for the record
and since there are about dozen people or so that want to speak and we still have a very long
agenda, I will have to limit each of you to two minutes. Jimbo, you could have three.
Mr. James "Jimbo" Luznar: That's very generous.
Commissioner Plummer: That's only because he's slow.
Mr. Luznar: My name is...
Mr. Walter J. Foeman (City Clerk): Excuse me, I have to swear you in first. Would you raise
your right hand, please?
Mayor Carollo: Well, if everybody that wants to speak would raise their right hand.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Carollo: OK, if I may again ask that everybody who wants to speak get in either line
because if you don't I'm going to close it off at it is.
Commissioner Plummer: Well, can I cut a short circuit something? Are all of the speakers... is
there any speaker here that is not here to speak on behalf of Jimbo's?
Unidentified Speaker: I am not here to speak on behalf of Jimbo's.
Commissioner Plummer: OK, OK. All right. It's just... you can't short circuit it. Yes.
Mayor Carollo: OK, all right. Anybody else? Because if not, I'm capping it on one, two, three,
four, five, six people in this line and ten in the other line. OK. All right, now or never because...
Commissioner Plummer: No, this is only first reading.
Mayor Carollo: There are 11 people in this line and six in this line so we have 17 people that
will be speaking. Jimbo, you can start.
Mr. Luznar: All right. Yeah, my name is James "Jimbo" for short, Luznar. That's L-U-Z-N-A-
R. I live in North Miami Beach at 1716 Northeast 157 Terrace and you need the zip code?
Mr. Foeman: Yes, sir.
Mr. Luznar: Three, three, one, six, two. Now, Mr. Luft, the time that the zoning Commission
met here, he made a statement that nobody wanted to do anything with Jimbo over there. And,
then, when we came back the second time, he said he wanted Jimbo to come up to all the code
laws and all that stuff.
Mayor Carollo: Who made that statement, Jimbo?
Mr. Luznar: Mr. Luft did. And he said, then, after Jimbo does all that we'll put it up to three
bids. Now, I've been there and I'm not there because I wanted to be there, I was forced to be
there. I wanted to go to Dinner Key. I didn't want to go to that place over there and they sent
me over there because nobody else would even think about going to that place. And the City
thought so much of it, at that time, that they filled the Sister lake in with trash. There was a
140
May 22, 1997
beautiful lake adjacent to that. And, not only that, it smelled so bad over there, there were so
many mosquitoes and things over things that when you went over there you could run your hand
down you arm and all you saw was blood. And I did that raising five children. And now it
seems like it's coming around to where people are starting to enjoy it and I would like to see my
grandchildren enjoy something that the people are going to lose if they lose it. Thank you.
[APPLAUSE]
Mr. Roderick Jude: Mr. Mayor, members of the Commission, my name is Rod Jude, I represent
the Sierra Club Miami Group before you here today, with offices at 12801 Southwest 224 Street.
Our concern here is one that deals primarily with the redesignation of the lands that are currently
under zoning classification of conservation. We think it's premature to make any changes at this
point in that zoning. We're concerned about the critical wildlife area, we're concerned about the
Biscayne Bay aquatic preserve and the impact that activities that would be allowed under the
redesignation Parks and Rec. would have and it's a very broad designation which allows all sorts
of activities which could have a detrimental effect on the bay and the critical wildlife area. We
think it would be premature on your part to make any change at this time. I would to like see it
remain the same until we get a really clear picture of what exactly the City has up its sleeve.
Now, our membership is around 14,000 and a lot of them are residents of the City of Miami. So,
they're very concerned about this area. We would like to have a part in any planning that you
might do in the future for hotels, that sort of thing, so we can avoid a situation where there is a
negative impact. There has been a lot of talk about ecotourism, this sort of thing. So, we really
need to be careful that we don't throw the baby out with the bath water in an effort to get that
ecotourism which is dependent upon these conservation designations and a more pristine natural
environment that you might possibly have in other areas, and that's why people come to Florida.
So, I would hope at this time that you would hold off making any changes until we really see, is
it going to be a 500-room hotel, is it going to be a camp ground. What exactly does Jack have up
his sleeve for these areas. So...
Mayor Carollo: Jack, for the record...
Mr. Jude: With that I'll...
Mayor Carollo: ... you're not planning on putting the new arena there, are you?
Mr. Luft: No sir, I am not.
Mayor Carollo: Well, the one thing I'll assure you and everyone here and at home that anything
that the City will do here in the future, we will have public hearings here and everyone will have
access to speak on it.
Mr. Jude: I can appreciate that and I trust that you would. But the State has clearly... and in the
documents that I have seen responding to concerns on the part of citizens about these changes
have raised, I think some very real concerns and they also feel like, you know, let us know
what's going to happen so that we can comment because there could be a very negative impact
from the types of activities that could possibly be allowed under that Parks and Rec designation
and I think that's where the citizens are concerned.
Commissioner Gort: Let me... Mr. Mayor.
Mayor Carollo: 'Yes.
Commissioner Gort: Let me ask you a question. When we put an RFP out (Request for
Proposals) my understanding is, you all participated in that and put in the RFP together along
with the school that was there and the people even from Key Biscayne. Am I correct?
141 May 22, 1997
3
Mr. Jude: The original one? I'm quite frankly not sure, I was not on the board at that time.
Commissioner Gort: Well, my understanding was we got everybody involved in designing the
RFP to make sure that the area needed to be protected where protected in the RFP when we put it
out.
Mr. Jude: We may very well have had someone involved.
Commissioner Plummer: There was a committee.
Commissioner Gort: Yeah, OK. Thank you.
Commissioner Plummer: He even had on the committee residents of Key Biscayne. It shows
you how brave we are.
Mayor Carollo: Name and address sir?
Mr. Terry Zimmerman: Thank you. My name is Terry Zimmerman, I am a captain. I was born
and raised in Miami over a period of years, like I had said at the last meeting. I've seen Miami
go through a lot of changes in my short amount of years and I don't think I'm old yet, but I've
seen a lot of our history disappear. Old Barn Shell (phonetic) which I had mentioned at the last
meeting is gone. The Library is gone. Bayside turned out. So many things over a period of time
of Miami that was real true history to Miami has changed and it's continued to change. We see
things happening right now that 1, myself, would say honestly that I would like to see Jimbo's or
whatever you would want to call it down at that end of Virginia Key stay exactly as it has been
for the last, at least that I know of with Jimbo, and my lifetime would stay exactly the same. I
seriously doubt this will happen. The properties became very prime property now. The time that
Jimbo had it originally, he took it because it was the only place that was offered to him. He had
a place out there that was next to a sewer plant that you couldn't stand the smell. At that time,
because of the way our system was at the time and changes that had had, we had a Black beach
at that time that was at Virginia Key. So they had a Black beach and they had a sewer plant,
very undesirable property. Now, today it's become very desirable property. It stands just
opposite Fisher Island. Money. If this changes, this is what I think maybe, if I can put it in the
right words, I think this is what most people are afraid of today, is that one little piece of
property right now, that doesn't amount to a hill of beans in Miami is going to fall the way
everything else has. The way Miami Beach used to be when you had A1A that you could drive
almost the entire coast up Florida, now it's all hotels. Until the government, correct me if I am
wrong, because of hurricanes washing away the sands, putting federal monies to build up the
beaches out back, most of those beaches behind the hotels were private beaches. You had South
Beach and you had Haulover Beach. So the public was really pushed away from it. We have a
piece of property right now that everybody knows of as Jimbo's. He's been there for years,
everybody likes it, there's little or no trouble. It's being able to manage and maintain itself and
has for years, relatively unchanged. This morning... real quick. This morning I was playing
with a few manatees, right out there. If they change us right now, they put the hotels in, what
you're talking about at the end of there, they changed what has happened, this will all be gone.
You cannot change it back again. I hope that today, and, I know that I'm going a little bit over,
but I hope today, they Ieave just as it is. I don't think that's possible but I wish it was. Thank
you very much for your time.
[APPLAUSE]
Ms. Maria de Cardenas: My name is Maria de Cardenas, address is 1025 Alton Road. I just
want to read a paragraph from a letter from Dick Townsend of the Tropical Audubon Society.
142 May 22, 1997
"The board at the Tropical Audubon Society does not support the proposed expansion rezoning
of much of Virgina Key. I am representing the board of directors and the over 3,500 members of
the Tropical Audubon Society on this matter. I would also note that I am a City of Miami
resident, voter and taxpayer. I was born in Miami and have been visiting Virginia Key since
early childhood. My views on the proposed rezoning coincides with those of the Tropical
Audubon Society." And as for my part, I'd like to ask what the square footage of the Parks and
Recreation as it is now is, if you know it?
Mr. Luft: The square footage right now, you've got along the shoreline in the old Virginia Key
Beach property is 80 acres. From that point which is right where the bend in the road is around
to Shrimpers Lagoon is about another 40 acres. On the landfill site which is Park and Recreation
is about 100 acres and there is another 15 acres north of Shrimpers Lagoon existing Park and
Recreation and... That's about it?
Ms. Cardenas: That's like 2,023 acres?
Mr. Luft: Yes, this would expand that amount.
Ms. Cardenas: How much is the... How much is the conservation?
Mr. Luft: How much is the conservation? There is...
Ms. Cardenas: Just the area marked two, CS.
Mr. Luft: The area that's two is... I honestly couldn't tell you an exact amount on that. It looks
to be about 30 acres. You do understand that most of that what's called CS is roads, parking
lots, boats, picnic areas and the areas that are mangroved that are environmentally sensitive will
remain CS.
Ms. Cardenas: I would like to see proof of that...
Mr. Luft: We have the aerial photographs.
Commissioner Gort: Excuse me, sir. Excuse me. Excuse me. Excuse me. We've got to
conduct this meeting ourself. Any questions you have... Jack, write the questions down, you
answer them at the end. Thank you. Next.
Ms. Amy Hammond: All right, my name is Amy Hammond, my address is 4580 Post Avenue,
Miami Beach. And I'm going to make this fairly short. Just for the record, I believe this is
about preserving a culture and you don't have communities without culture and I believe that
being a Floridian of my sixth generations that there is a huge old Florida culture that needs to be
preserved and it lives at Jimbo's. And that's for the record, that's all I have to say, thank you.
[APPLAUSE]
Mr. Adam Locke: Good afternoon Commissioners. First off, my name is Adam Locke, I reside
at 2170 Southwest 20th Street, right here in Miami. I'd like to start off by thanking the Vice
Mayor for meeting with me. I am a member of the South Florida Board Sailing Association.
Some of the wind surfers that do participate in the recreation out at this public park. And, I've
lived here for 33 years, I am a native. I was born right here at Mercy Hospital on Biscayne Bay.
My family brought me up on Biscayne Bay enjoying the ecosensitive areas that we have here. I
remember as a child going out to these areas and seeing the fiddler crabs and the horse shoe
crabs and the abundance of bait fish and mullet, which you do not see today. It's my opinion
that we don't see these things today because we have been neglecting the ecosensitive areas in
143 May 22, 1997
our area. Virginia Key makes up the largest ecosensitive area in the City of Miami as well as the
only City ocean beach. And that's pretty powerful stuff, that the City of Miami has an ocean
beach that's designated as Parks and Recreation but because of liability issues which the Legal
Department has already said, doesn't... that we can get around. It just seems sad to me that with
such an asset that we're willing to say no, to the people of Miami for it and yes, to changing it
over from conservation to development. I believe that that's wrong. I think that the people that
have sat on this Commission in years past has stood and they held strong keeping that area a
park. Now, what I came here to say is, number one, this area was deeded to the County which
was deeded to the City many years back in 1942, we were... World War II. It was done so
because they wanted to put a military installation there in the event that the U.S. (United States)
was in trouble. They... the State of Florida and the Trustees of Florida conveyed in the deed that
in the event that a military airport or port had to be built, that was the only thing that they agreed
upon. Now, the years have changed, the people have changed, but the conveyance remains the
same. And it's the State of Florida who holds the deed on this property and it is deeded as public
property to be opened to the general public. That means the beach for ecosensitive sports as well
as picnickers. And, it's my opinion that we should look at this deed and with the forefathers that
gave us this deed, we should... which is the trustees of Florida, we should keep this in their trust.
If not, I think the State of Florida should take another look at this property because it doesn't
seem like anybody else is looking to protect this land. And that's all I have to say.
[APPLAUSE]
Mr. Bob Gordon: Thank you. Bob Gordon is my name, 10622 Southwest 100th Street, Miami.
I am reading this text in the place of the lady who has written it. Her name is Wendy Teese of
6550 Southwest 64th Court. She is an expert on marine turtle life. I'm quoting. She says "I am
opposed to the proposed changes to the "Future Land Use Map" of the Miami Comprehensive
Neighborhood Plan 1989 to 2000. For portions of Virginia Key as detailed in application
number 9714. I am particularly concerned with the areas numbered 1,2, and 3 as detailed in this
application since changing the zoning designations in these areas will have direct negative
impacts on the Marine Turtle Nesting Beach. In the Miami Comprehensive Plan, Natural
Resources Conservation Goal I, Objective 1.1, states in part... "preserve and protect the existing
natural systems within Virgina Key" and Policy 1.1.5 states in part... "Regulate development on
Virginia Key to ensure that there will be no net loss of functional wet lands that beaches and
doom systems on the island will not be degraded or disrupted and that wildlife habitats and
native species of ferna and flora will be protected. The same policy is repeated in the coastal
management section of the Comprehensive Plan as Policy 1.1.8. The changes proposed in areas
1, 2, 3, are not consistent with these policies which were adopted in the Miami Comprehensive
Plan. Areas 1, 2, 3, are all utilized by threatened or endangered marine turtles as nesting habitat
and should not continue to be zoned conservation in order to protect this unique habitat. The
definition of conservation as defined by the City's zoning code reads "the conservation district is
restricted to environmentally sensitive areas which are to be left in an essentially natural state.
Only activities which reinforce this character are allowed and minimum development is
permitted conditionally. Public access to these areas including Off Street Parking maybe limited
when unregulated access may present a threat to wildlife and plant life within such designated
areas. It is important to note that this designation does not prohibit all human activity in the area
but does provide an extra level of protection over the proposed Parks and Recreation
designation. In addition, Policy 1.1.12 of the Coastal Management section of the Miami
Comprehensive Plan states, all City owned property within the coastal zone that maybe
identified as areas of significant or unique natural resources will be designated as
unenvironmental preservation districts. And the City will also consider designating private
property properties within the coastal...
Commissioner Gort: Excuse me, your two minutes are up.
144 May 22, 1997
Mr. Gordon: My two minutes are up?
Commissioner Gort: By 40 seconds. Yes.
Commissioner Plummer: Wendy, if you're watching your two minutes are up.
Commissioner Gort: Thank you.
Mr. Gordon: Thank you very much.
Commissioner Plummer: You know, it's nice to say when you have no one here in rebuttal.
You speak about the area for the turtles. Sir, have you ever been up on A1A from Vero Beach to
about Coco?
Mr. Gordon: Yes.
Commissioner Plummer: Nothing but houses. Nothing but houses on A1A oceanside. And one
of the things that I enjoy more about going up to Melbourne is going out every night and
watching the turtles come up by the hundreds. It is not a scenario that because you build a house
or put something there that the turtles are not going to come back and go to the nesting that
they've done for years and years and years.
Mr. Gordon: That's fine.
Commissioner Plummer: So, I think we have to talk to the both sides of the issue.
Mr. Gordon: I think that the main concern is that if you put a five or a 700-room hotel on that
property, you won't have room for anybody including the turtles.
Commissioner Plummer: Sir, I don't know of anybody that said that, that we were intending to
do that. Not on the ocean part.
Mr. Gordon: I don't mean to be disrespectful but this is Miami and I have been here for a long
time and I've seen an awful lot of things happen that was stated officially would never happen.
Commissioner Plummer: I hear you, sir, and I have been here longer than you because I was
born here 60 years, OK. You don't live in the City, I do, and I am here to try and protect this
City from what I think it can do.
Mr. Gordon: Well, I think I served the City for 35 years as a radio personality and television
personality...
Commissioner Plummer: No problem.
Mr. Gordon: ... going back to 1959, 1960 and I had main interest in this City at that time.
Commissioner Plummer: No problem.
Mr. Gordon: And I still have the same interest in it. I'd like to see it progress but not to the
point where it's over run.
Commissioner Plummer: I hear you.
Mr. Gordon: Thank you.
145 May 22, 1997
Vice Mayor Regalado: Sir.
Mr. Edward Otho Ellison: My name is Edward Otho Ellison. I live at 10870 Southwest 69th
Drive down in Kendall. I do business in the City of Miami. I just want to remind the
Commission that really the whole country is watching. Peter Jennings had his ABC special back
on May 12th, of the first zoning meeting. It's everywhere you go. I was up in Gainesville, my
cousin's place. My cousin lives up there. I went to the local bar there, we were having a few
drinks, and he introduced me to a friend of his and the first thing out of his mouth was "Hey,
you're from Miami? You ever been to Jimbo's" and I go, yeah, I sure have and he said "Yeah."
It's a well known place. It helps the movie industry here and as far as, Mr. Plummer, you were
talking before about the tool booth there. I remembered years ago when the toll booth was in
action, when the beach was open but when you drive up you would say "well, I'm going to
Jimbo's", they'll let you pass on by. There's no reason why anybody passing by shouldn't pay.
Even if you're going to Jimbo's. I mean it could make it more viable, make it pay for that,
maybe even pay for a lifeguard in that sense of the word, at the beach. We got a lot of sensitive
area there and like the tip up there is where sea birds... nesting area and in the lagoon right there
red fish are now coming in and breeding in Jimbo's Lagoon right there, which is to show you
how clean and pristine it is, because that's a very sensitive fish. They have a hard time trying to
breed anywhere. So, it's not... really a lot of impact. And as far as the zoning is concerned, by
changing it from conservation to Parks and Recreation which would open it up for bids, which is
a normal bid, you have to do, you have to have three different bids to put it in which could effect
you. Jimbo ain't got the money to go against something like that. There's a lot of places in the
Everglades. Everglades is conservation area. You've got grocery stores out there, in the
preserve. There's exceptions to be made. That's why there is a Commission, because nothing
ever has to go exactly by the books. Deviates can be made. I brought up at the last meeting here
that I really thought it should have historical designation and I still stand by that because nothing
compares to it. But it's not this place so much, it's the person running it, too. And... with the
movie industry, they're shooting wild things out there now. It's a viable spot. We want to make
movies here in Miami. We want to bring Hollywood. We want to be the new Hollywood in
South Florida. Every movie comes down here they do a scene or two out there and he's a good
l watchdog to keep a place like it is. I think it's very viable.
Commissioner Plummer: Sir, your time is up.
Mr. Ellison: I know it is.
Commissioner Plummer: Madam Clerk, I think you need to notify at 30 seconds that your time
is left and that there time is up. I think we need... I don't want to insult you, sir, but we need to
turn the microphone off or we'll never have everybody get their words in here.
Mr. Ellison: You're right.
Vice Mayor Regalado: Ma'am.
Ms. Lori Monaco: My name is Lori Monaco. I live at 1701 Espaniola Drive in Coconut Grove.
I am a taxpayer, registered voter and a homeowner. The Department of Community Planning
and Revitalization is recommending approval of the applications as presented based on five
bulleted points which I believe you all have a copy of. I wish to address bullet point four which
states "it is found that this application is not in conflict with the Miami Comprehensive
Neighborhood Plan due to the fact that the requested change will allow the subject parcels to be
developed in a manner which is consistent with the master plan and in a way that can better serve
the region. The proposed change will also enhance the economic base of the area and the City as
a whole." To comment on the aforementioned. To use taxpayer money to subsidize or pay for
146 May 22, 1997
mayor development in a coastal, good high hazard zone on a barrier island will not enhance the
economic base of the City. In tact, development that could be wiped out by a hurricane is not a
good investment for the City, nor a good use of tax payer funds. The City's economic base may
actually be decreased by development on Virginia Key. To comment further, is taking open
space and land targeting it for development really a better way to serve the region? The City is
starved for open space. The City cannot increase its open space, it will only decline in the
future. Keeping Virginia Key as open space or as conservation will better serve the region and
the City as a whole. The City's coastal areas are already developed. Virginia Key is the most
natural coastline the City has left. The region is also better served if Virginia Key is kept
conservation. According to the map in your handouts supplied by the City, Virginia Key is one
of the only places in the entire City which is designated a Wildlife Habitat area. And this is the
map I'm referring to.
Ms. Maria J. Argudin (Asst. City Clerk): Excuse me, you have 30 seconds.
Ms. Monaco: Excuse me.
Ms. Argudin: Thirty seconds.
Vice Mayor Regalado: Thirty seconds.
Ms. Monaco: That's it.
Vice Mayor Regalado: Thank you. Sir?
Mr. Michael Faircloth: Good afternoon, my name is Michael Faircloth. I live at 4580 Post
Avenue, Miami Beach. I'm here on behalf of Jimbo's and I'd like to speak in favor of
preserving Virginia Key and Jimbo's as it stands today. I am a fourth generation Floridian and I
am in favor of protecting old Florida and my heritage and Jimbo's is one of the only places
where I could go with this City and feel comfortable. And any place that gives me that kind of a
feeling I would... I'd like to stand up and protect. I think Jimbo's is a cultural and a historical
icon and anything that this Commission can do to protect that and preserve it, I'm all in favor of.
Thank you.
Vice Mayor Regalado: Thank you.
[APPLAUSE]
Ms. Nancy Lee: Hi, my name is Nancy Lee. I'm reading for two separate City residents. One
is, I am talking about bullet number five, I don't want to read it because I don't have that much
time. In a letter written by DERM (Department of Environmental Resources Management)
February 10, 1995 to Nancy Calhoun (phonetic), which I have her and I'll submit it, friends of
the Everglades. DERM stated that they are not aware of any formal wet land delineation
performed by federal, State or local agencies. Unless there has been a delineation since this
letter, how can the City know where the environmentally sensitive zones are? In the same way
that DERM advised the City to hire biological consultants to map the vegetation, has this been
done? The Department of Environmental Protection has written extensive into office
documentation in 1994 regarding the property on the north end where the zoning change is
requested. Had they been contacted as they have... as they seem to consider there
environmentally sensitive. What environmental agencies have helped delineate these
environmentally sensitive boundary lines? Also, regarding the delineation of boundary lines. If
you compare Zoning change map, and you can all look at this, I have one copy for everyone.
Zoning change map would not supply the City to the State Department of Community Affairs. It
appears that there are mangroves, protected plant included in proposed change number two.
147 May 22, 1997
Aren't these zoning change lines not supposed to affect or infringe on environmentally sensitive
areas? Finally, I am submitting a wildlife map supplied by the City to the State Department of
Community Affairs. According to this map, zoning changes one, two, three, four and five
impact on wildlife habitat areas. In fact, according to this map Virginia Key is the only major
wildlife habitat of the City.
Vice Mayor Regalado: Excuse me, you have 30 seconds.
Ms. Lee: OK, and my other one is. The City of Miami evaluation and appraisal report year
adopted November 16th as reviewed by the... I'll basically have to just give this in to the public
record. But there are also some important things that the City will be violating by doing what
they're doing with the zoning change. Thank you.
[APPLAUSE]
Vice Mayor Regalado; Thank you. Sir.
Mr. Richard De Armond: I am Richard De Armond and I live at 1701 Southwest 4th Avenue in
Miami. I am a Miami citizen. It's an exciting City. It's a very exciting City here. It just takes
one good look at the newspaper and it's sort of like every day I wake up so that to you see what
new thing is going on in Miami. You know, we've all been reading in the newspaper recently,
it's really pretty astounding. That's not why I'm here and I want to be relevant. I met Jimbo
about two months ago, two and a half months ago and in him I found somebody that was sort of
like a folk hero. That's one reason why I called ABC news and that sort of happened that he was
presented as one. Because I truly believe he is one and I think he has integrity and honesty. And
that's something that I think we should look forward to in our community not look against or
shun. The ecology and manatees, that's all different part of it. I don't have a lot of faith in
government anymore. I sort of lost some of my heart after the last two and a half months
because I have seen a lot of things happen that I would rather not talk about here. But just
disappointing things to me in general about this community and about people in this community.
I hope it's not going to be reflection of what happens in the 21st Century because if is, that's not
a bridge I want to go across. I'd rather see another type of bridge built, where there's one of
integrity and honesty and forthrightness. So basically, that's what I'd like to say and hopefully
you'd treat Jimbo right and you'll treat all of us right. Thanks a lot.
[APPLAUSE]
Vice Mayor Regalado: Go ahead, sir.
Mr. Edwin Moure: Good afternoon, Commissioners, my name is Edwin Moure. I am here today
representing the Biscayne Bay Foundation, with offices at 1024 Almeria Avenue. We represent
a broad base segment of Miami representing users of the bay as well as conservation minded
people. I had the pleasure last week of hosting a luncheon for 16 Commodores and their
designees of boating and yacht clubs in Miami, many of which have their clubs in the City of
Miami. They were all very interested in this issue and I thought you'd appreciate knowing that.
I think there are three questions you need to ask today. First of all, are you required to take this
action by law that's being recommended to you? I think the answer to that question is "no." The
second question is, is it required or necessary for you to take this action to achieve stated goals?
I think that's a little bit hard to answer because there are no stated goals here, so what I am going
to do is I'm going to give the benefit of the doubt and say that the stated goal is to try and
increase revenues for the City, and if that is the stated goal then, is this the most desirable action,
is this the most preferable and wise way to achieve that goal? And I'd suggest to you that it's
not. I would suggest to you that the Biscayne Bay Foundation would recommend a substitute
motion instead. We'd like to take a balanced approach to these types of things. The City of
148 May 22, 1997
Miami is in a situation where it does need to raise revenue and there re appropriate places on that
map to do it. You have ten items before you in the staff recommendation. We recommend a
substitute motion accepting numbers six through ten but rejecting numbers one through five.
You're going to realize only marginal revenue, if any, from attempting to have nickel and dime
stuff in conservation areas. And if what you're really trying to do is put the City on better
economic footing, I'll suggesting to you look to the models of cities like Moab, Utah,
Springdale, Utah, Estes Park, Colorado and Mercett, California where property values have
multiplied by ten.
Mr. Foeman (City Clerk:: You have 30 seconds.
Mr. De Armond: By ten fold in the last ten years. Why? Because they made wise decisions
about where they should develop and make money and they've preserved areas that draw the
people to the places where they can make money, like the conservation areas of Virginia Key.
There isn't anything that the planning staff has suggested they want to do in those areas that
can't be done under the current zoning designation. Thank you very much.
Vice Mayor Regalado: Thank you.
[APPLAUSE]
Vice Mayor Regalado: Go ahead, sir.
Mr. Bruce Carlson: Hi, my name is Bruce Carlson, 1865 Brickell, Miami, Florida. I'd like to
cut to the chase a little bit and make it short and sweet. I think J.L., knows I do that most of the
time. The citizens of Miami voted prior to this for no development on Virginia Key. We already
done that. It's been over with. They want to put trailer parks out there, we voted, I believe the
count was like 68 percent against. So, that's been done. As far as I know, you folks still work
for us. You know, we feel like we're stockholders as voters, OK. And being stockholders, you
know, we want to look to see where we can bail Miami out, where's the best place we can do.
Where is that sixty-eight million dollars ($68,000,000) we don't know about? What's going on
at the Port of Miami? Certainly, to go and develop a prestine area, the only prestine area we
have left in this City?, the only thing left that all our grandchildren can see. It's like putting a
bandage on a bleeding ulcer and we know we've got a lot of problems and we want to work with
you folks to help. As a citizen and a businessman in this town, I'm sticking with this town and
I'm going to work and work and work to make Miami the way we all want it. But, this isn't the
way to do it. To go out and put this thing to development to an area where, you know, we still
have an environment. We've got birds out there that you don't see anywhere else in the whole
State of Florida. But, there's got to be another way in developing this and putting money in
other people's hands isn't the way to do it. It's about all I've got to say.
(APPLAUSE)
Vice Mayor Regalado: Thank you. Go ahead.
Mr. John Thompson: Good afternoon, gentlemen. My name is John A. Thompson, I live at
3301 Rickenbacker Causeway, I am a resident of Virginia Key. Excuse me, Mr. Luft. And I am
a research assistant in the Rosenstiel School. Now during the '80s, I lived down south and I used
to spend my afternoons going out to Black Point, the cove there and watch the manatees, a dozen
or so that lived there. When Dade County put a marina there, I haven't seen any manatees since.
If you force Jimbo's out, if you have a competitive bidding and put some sort of marina, even if
it's a dock for a boat going to and from Fisher Island, I can't guarantee you're not going to drive
those manatees out of there, because there are manatees in their now. I'd like to make one other
point to you gentlemen today. The issue of the expanding the commercial use zone on the
149 May 22, 1997
southern edge of the Marine Stadium waters concerns me very strongly. The area down there is
already constipated with lots of traffic. There's a lot of problems with the jet ski rentals. I don't
know if you're aware of this, but in other States they've begun to consider jet skis a problems.
Texas is not requiring all jet skis be painted bright orange because they keep hitting each other.
We're approaching that sort of critical mass right now in the Marine Stadium, it's overwhelming.
If you encourage their use by encouraging further... such concessions in that area, you're asking
for problems. There's already severe conflict between the Rusty Pelican, the new Southfork
Restaurant and the Marina over parking. There's insuffidient parking already there. If you
encourage further growth there's not room for it. There simply isn't room for it. What do you
want to do, create a strip out of Rickenbacker Causeway? It's not going to have the same appeal
it has now, gentlemen. Thank you.
(APPLAUSE)
Vice Mayor Regalado: Sir.
Mr. John Paupe: Good afternoon, my name is John Paupe. I work over at the University of
Miami Rosenstiel Campus on Virginia Key. And I came here in support of Jimbo to urge you to
vote to maintain Jimbo the way it is. One aspect of Jimbo that I wanted to mention which has
not been brought up, is that whenever we need a sample fish, fish specimen, fish samples for our
research, Jimbo always brings us the samples that we need. And I might add, that he does it at
no charge whatsoever to us, which is a rarity nowadays. And, not just for the lab that I work in
but also various other individuals at the Rosenstiel School do ask Jimbo for various specimens
fish, species... different fish species and Jimbo always comes through and bring us what we
need and again, at no charge whatsoever. So, only because he wants to help our research and he
wants to contribute a betterment of understanding the environment and helping us in our various
projects. So, he's truly a kind individual. And, I would urge you to vote to maintain Jimbo the
way it is now. Well... Thank you.
Vice Mayor Regalado: Thank you.
(APPLAUSE)
Mr. Yupiang Wang: Hi, my name is Yupiang Wang, I also work for the Rosenstiel Campus of
the University of Miami. I would like to say, with Jimbo's help and that place and they provide
us very valuable access to the natural habitat and for us to research the ecological meaning, and
how they change in this area and all the natural species. And so for... as a researcher, the
University would really like to see Jimbo's place keep intact as it is, not to change it at all. OK,
thank you.
(APPLAUSE)
Mr. Paul Ruggiano: Paul Ruggiano, 4401 Southwest 2nd Street. The City of Miami Evaluation
Appraisal Report, EAR adopted November 16, 1995 was reviewed by the Department of
Community Affairs in October of '96. The EAR evaluated how the City was following the
objectives, goals, policies of its Comprehensive Neighborhood Plan. The Department of
Community Affairs in our sufficiency document on Page 28, asks the City to include an analysis
of the impacts of development on natural resources such as Biscayne Bay. The City responded
to the Department of Community Affairs. No significant impacts or development that are under
the jurisdiction of the City of Miami are anticipated that would adversely affect Biscayne Bay
and the Miami River. Other natural resources were not addressed by the City. Development
anticipated for Virginia Key is significant and would impact Biscayne Bay as well as other
natural resources. I suggest that before zoning changes are granted that the City do an analysis
of the impacts of development on Biscayne Bay and other natural resources, as requested by the
150 May 22, 1997
Department of Community Affairs in its sufficiency document. Also, the DCA (Department of
Community Affairs) two issue with objective NR1.1 or the Comprehensive Plan which states
"preserve and protect the existing natural systems within Virginia Key." The measurable target,
preserve and protect these existing natural systems. The City's reply to the Department of
Community Affairs on Page 26 of this Sufficient document was, the City has jurisdiction over
the area and that these areas cannot be changed in use without approval by the City. How are
these areas being protected if the City is changing the zoning...
Mr. Foeman: Excuse me, you have 30 seconds.
Mr. Ruggiano: OK. How are these areas being protected if the City is changing the zoning to a
more lenient designation making a change in use? How is changing the zoning to a more
intensive preserving and protecting the natural systems within Virginia Key? The only other
thing I'd like to say is, I was born here in Miami and I'd just like to say that Virginia Key... I'm
also a part of the Sail Boating Club, windsurfer for over 15 years and Virginia Key is a public
beach. I enjoy windsurfing there. I'm a doctor in the community, a chiropractor. And one of
the reasons why I'm here, because I, like a lot of other professionals, lawyers and doctors enjoy
windsurfing on Virginia Key and I think it's a shame that some people feel a lack of respect for
what we enjoy out there and if you guys need money to open it up, well, you guys have a lot of
smart people there... you can get guys to figure out a way to pool their money together, charge
more to get people in there. Figure out a way to make it so that people can go out there and
enjoy a public beach. That's all I'd like to say.
(APPLAUSE)
Vice Mayor Regalado: Ma'am, I don't think that you raised your hand when the Mayor said...
You don't have a turn to speak. Was she?
Mayor Carollo: Have her sworn in and she'll be the last person, then.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Sharon Ryman: So help me, God. Good afternoon, Mr. Mayor. Good afternoon, sir. Vice
Mayor Regalado and Commissioners Hernandez, Gort and Plummer and Mr. City Clerk and the
people of the audience. I am very ordinary person, I come to you in the capacity of a City of
Miami resident.
Commissioner Plummer: Name and address. Name and address.
Mr. Ryman: I am a taxpayer. My name is Sharon Ryman and I live at 1250 Brickell Bay Drive,
Miami, Florida. What has been most interesting to me and I'm an apolitical in the sense that I
am not affiliated to any organization here but of course I have heard of the SERA and the
Autobond Society and I'm interested in things ecological. What's been very interesting to me
here is that who has come to stand before you has been a volume of people with very much
stated ideas that they do not want renovation of the proposed rezoning of Virginia Key. I work
in tourism on Key Biscayne. I've lived on Key Biscayne till very recently for five years and I
have many times recommended visits to Virginia Key, to Jimbo's specifically to people that...
some of whom have been very august visitors to our country from South American countries and
have expressed to me later that what they like most about their visits here and of what it is
pointed out to them was not the zoo, was not the Everglades, was Virginia Key. I have lived as
I've said on Key Biscayne. I think we need to think of evacuation there in terms of what
151 May 22, 1997
happens on Sunday afternoons, what's happening there already in terms of mass. I think also
somebody raised a very good point here about why we would be spending money on Virginia
Key to develop it when there's so much problem with hurricane damage already. Why is that a
priority when we could as well make plenty more room for people who don't have it on little
bags on the weekend at Cape Florida Park just by very simply investing very elementary funds
on the Key rather than huge amounts of City's money at a time when that's not a priority, at least
in terms of the small people? You people here have an opportunity to do something better than
has been done recently and I beg you very sincerely as a representative of this community to take
into account that opportunity and do well by us. Thank you very much.
(APPLAUSE)
Mayor Carollo: OK, the public hearing portion on this item will now be closed. Excuse me.
Mr. Maxwell: We have a pending motion on the floor.
Commissioner Gort: Yeah.
Mayor Carollo: Oh, I know that, yeah. Is there any further discussion from the members of the
Commission or any further questions?
Commissioner Gort: Mr. Mayor, I think there were a lot of questions that were raised during the
presentation which I think Jack should be able to answer.
Commissioner Plummer: Well, I would hope rather they answer them today, Mr. Gort, that there
are questions there about possible violations or things of that nature that are not in accord with
other plans, that we go ahead and approve it on first reading today and then let him come back
on second reading 30 days at least from today.
Mr. Maxwell: No sir, it would be quite a while before it comes back. It will be sent up to the
Department of Community Affairs and various other governmental agencies including South
Florida Regional Planning Counsel, Water Management District, Department of Transportation,
Department of Environmental Protection and they will all comment on this ordinance before the
Department of Community Affairs sends it back to the City with its comments. So, we're
looking at...
Commissioner Plummer: For second reading?
Mr. Maxwell: For second reading.
Commissioner Plummer: Well...
Mr. Maxwell: It will be at least 90 days.
Commissioner Plummer: I mean, you want to go into it now, Willie?
Commissioner Gort: Well, I think there's certain questions that should be answered. I think
there were some good questions that were asked by the public. I think there's a few of them that
can be answered, and then especially if... My understanding, when we got to RFP, and I
understand people voted against it. But I think a lot of people did not have an understanding.
We consulted with a lot of agencies, we looked at the area and we had... we even put a team of
individuals....
Commissioner Plummer: Yeah.
152 May 22, 1997
Commissioner Gort: ... that worked on this RFP. I'd like Jack for you to stress that.
Commissioner Plummer: I understand.
Mr. Luft: To clarify... what I did tell Jimbo was that if we ever needed to issue a permit to
bring anything up to code, I couldn't, the City couldn't with the current zoning, but with Park
and Recreation we could help him out, help anybody to keep going what's out there. But, it
would be illegal to issue permits for anything that's there now under the conservation zoning.
And I did mention to Jimbo that if the City was to grant any kind of permanent rights to remain,
it would have to, by Charter, be under a competitive process, interviewing three people at least.
That's the procedure. As to... Do we need to do these changes? Yes, we do. The current
zoning map is not consistent with the Future Land Use Plan and State law says it must be, that's
why we're doing this. Have we conferred with DERM, environmental agencies? Have we
mapped the environmental areas? Yes, we have. We have walked that site, every inch of it with
the environmental regulatory officials. We have drawn these lines with their supervision. We
are absolutely certain that those areas that are environmentally sensitive will remain completely
within the conservation zone and those areas that are currently being used for Park and
Recreation purpose will be those that are rezoned to Park and Recreation. As far as the basis for
doing this, we're not doing this to raise money. We're doing this to facilitate the public's use of
the island. We're doing this to concur with our long standing plans and objectives. If we're
going to bring Marine Stadium back into a viable use, then these are the kinds of changes that we
have to do because there is no zoning on the map today. If we're going to restore these beaches
in public recreation areas to use, then Park and Recreation is the way to do it so that the permits
that we would have to issue to build those parks facilities could be issued. They couldn't today.
We're doing this out of a need to fulfill the public purpose and the plan that's there. If there are
revenues forthcoming, we will have to have some revenues of course, in order to sustain these
activities, in order to pay for the improvements. But this is based in public use not in revenue.
The revenues will be a part of a balanced program of sustaining these facilities.
Commissioner Gort: Thank you.
Mayor Carollo: OK, any further statements from the members of the Commission? OK, can
you read the ordinance? Call the roll.
153 May 22, 1997
Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF PARTICULAR LAND PARCELS ON VIRGINIA
KEY, AS FOLLOWS (BY PARCEL NUMBER): #1) FROM CONSERVATION TO
PARKS AND RECREATION; #2) FROM CONSERVATION TO PARKS AND
RECREATION; #3) FROM UNDESIGNATED (INTERPRETED AS
CONSERVATION) TO PARKS AND RECREATION; #4) FROM CONSERVATION
TO PARKS AND RECREATION; #5) FROM UNDESIGNATED (INTERPRETED AS
CONSERVATION) TO PARKS AND RECREATION; #6) FROM CONSERVATION
TO RESTRICTED COMMERCIAL; #7) FROM UNDESIGNATED (INTERPRETED
AS CONSERVATION) TO PARKS AND RECREATION; #8) FROM
UNDESIGNATED (INTERPRETED AS CONSERVATION) TO MAJOR
INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES; #9)
FROM UNDESIGNATED (INTERPRETED AS CONSERVATION) TO RESTRICTED
COMMERCIAL; AND #10) FROM RESTRICTED COMMERCIAL TO PARKS AND
RECREATION, INCLUSIVELY, AS DESCRIBED IN ATTACHED EXHIBITS A, B
AND C; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: What I want you to understand, this is the first reading. It's got to come
back to us. And before it comes back to us, it's got to go through about six different agencies.
Commissioner Plummer: The thing has to be said that of all of the agencies this will go through,
will be all the agencies that have been mentioned here this evening. Each and every one of those
will have the opportunity to comment, or to make recommendations even before it goes to the
Community...
Mr. Maxwell: DCA (District Court of Appeals).
Commissioner Plummer: DCA. At which time, DCA will play a very important part as to what
our final decision is. For some reason, there's been a great deal of conversation that sometimes
has gone amuck, in my estimation. I don't know where this five, six, 700-room hotel has come
from, out of what creation. Well, it might... Maybe Mr. Luft might have said that, but he doesn't
154 May 22, 1997
vote on this Commission. There's many things that have been said that I have heard that are so
ludicrous that, in my estimation, it's ridiculous. The one thing that I think is ridiculous, Virginia
Key is a 1,047 acres of the only oceanfront property we have, and it's not being put to any use,
whatsoever. What is it? It is a maintenance problem. What is it? A sewage plant. That place
should be opened up. That place has got to produce a revenue to keep the things that we want to
see over there open, because the beach, as we know in the past, will not sustain sufficient
revenues to even pay for the toll taker, much less lifeguards, maintenance upkeep, garbage and
all of the rest of it. So I think this is the opportunity not to completely, completely, take and
"scarify" the whole area, but I think that this is something we've got to explore, and we've got to
do it reasonably and within the proper perspective. I vote yes.
----------------------------------------------------------------------------------------------------------------
51. PROPOSED FIRST READING ORDINANCE: PROPOSE TO AMEND
ORDINANCE 11000 -- CHANGE ZONING ATLAS BY CHANGING ZONING
CLASSIFICATIONS FOR PARTICULAR LANDS ON VIRGINIA KEY --
APPLICANT: PLANNING & DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, PZ-20, a companion item.
Mr. Jack Luft (Director, Planning & Development): This is an amendment to the zoning map
reflecting the land use plan, the second step in the ordinance change that will affect this. So
we're recommending approval of the amendments to the zoning atlas.
Commissioner Plummer: It's a companion.
Mr. Luft: Yes.
Mayor Carollo: Right, companion item.
Commissioner Plummer: I move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Can you read the ordinance?
155 May 22, 1997
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS BY
CHANGING THE ZONING CLASSIFICATION FOR PARTICULAR LAND
PARCELS ON VIRGINIA KEY AS FOLLOW (BY PARCEL NUMBER): #1) FROM
CS CONSERVATION TO PR PARKS AND RECREATIONS; #2) FROM CS
CONSERVATION TO PR PARKS AND RECREATION; #3) FROM
UNDESIGNATED (INTERPRETED AS CS CONSERVATION) TO PR PARKS AND
RECREATION; #4) FROM CS CONSERVATION TO PR PARKS AND
RECREATION; #5) FROM UNDESIGNATED (INTERPRETED AS CS
CONSERVATION) TO PR PARKS AND RECREATION; #6) FROM CS
CONSERVATION TO C-1 RESTRICTED COMMERCIAL; #7) FROM
UNDESIGNATED (INTERPRETED AS CS CONSERVATION) TO PR PARKS AND
RECREATION ; #8) FROM UNDESIGNATED (INTERPRETED AS CS
CONSERVATION) TOP G/I GOVERNMENT AND INSTITUTIONAL; #9) FROM
UNDESIGNATED (INTERPRETED AS CS CONSERVATION) TO C-1
RESTRICTED COMMERCIAL; AND #10) FROM C-1 RESTRICTED
COMMERCIAL TO PR PARKS AND RECREATION„ INCLUSIVELY, AS
DESCRIBED IN ATTACHED EXHIBITS A. B AND C; MAKING ALL THE
NECESSARY CHANGES ON PAGE 52 OF SAID ZONING ATLAS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
52. APPOINT ORLANDO GARCIA JR. TO PLANNING ADVISORY BOARD --
SEE LABEL 11.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Mr. Mayor, before the... I don't know if they're short on the Planning
Board. Before you go on, I'd like to... in item 10, I'd like to make a nomination to the Planning
Board. Orlando Garcia, Jr. I thought he had...
Mayor Carollo: There's a motion, there's a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
156 May 22, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-360
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE PLANNING
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, 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: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Commissioner Plummer: Was PZ-20 the map? Yes. Yes. I leave the room and everybody
stops. Will that work every time?
----------------------------------------------------------------------------------------------------------------
53. PROPOSED FIRST READING ORDINANCE: PROPOSE TO AMEND
ORDINANCE 10544 -- AMEND FUTURE LAND USE PLAN MAP BY
CHANGING LAND USE DESIGNATION OF CITY MUNICIPAL JUSTICE
BUILDING FROM RESTRICTED; COMMERCIAL TO MAJOR
INSTITUTIONAL, PUBLIC FACILTIES, TRANSPORTATION &
UTILITIES -- LOCATION: 1155 N.W. 11 ST. (MUNICIPAL JUSTICE
BUILDING) -- APPLICANT: PLANNING & DEVELOPMENT.
Mayor Carollo: PZ-21.
Mr. Luft: PZ-21. PZ-21...
Commissioner Plummer: Move it.
Vice Mayor Regalado: Mr. Mayor, there are some people who are here because they heard...
read some stories about this property being bought by the County to build a jail. And I...
Mayor Carollo: No way.
Vice Mayor Regalado: That's what I said.
Mayor Carollo: No. way.
157 May 22, 1997
Vice Mayor Regalado: And I think that it needs to be said now that this is not for a jail, that the
City of Miami does not and will not let anybody build a jail, because we have so many jails and
dumping grounds in the City of Miami.
Commissioner Plummer: Well, just for the record, I'm still trying to encourage, and I have some
sense of encouragement that Jackson Hospital buy this for their administrative purposes. And
that's, to me, the most logical buyer for the property. They need space. They are expecting in
the next ten years to multiply their present operation by 25 percent, and they have got to buy
space. So I would hope that that persual which I have already started with Jackson Hospital will
continue. It is a hospital district. You're speaking to whom there?
Commissioner Plummer: Jay Weiss.
Mayor Carollo: He is with what company?
Commissioner Plummer: The Public Health Trust.
Mayor Carollo: Yeah, but...
Commissioner Plummer: Oh. Southern Wine is the Company he works with... used to.
Mayor Carollo: Wines and spirits, alcohol?
Commissioner Plummer: Yes, alcohol.
Mayor Carollo: OK.
Commissioner Plummer: Massage parlor. You're bad. Just for the record, Mr. Weiss sold that
company.
Mayor Carollo: Moved and seconded, first reading. Any statements from the public on this
item? Your name and address, sir?
Mr. Arty Martin: I'm Arty Martin, the president of the Spring Garden Civic Association, and I
reside at 1000 North River Drive.
Mr. Walter Foeman (City Clerk): Mr. Mayor, I have to swear him in.
Mr. Martin: Pardon me?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Martin: I wanted to make sure that the recommendation of the Planning Board, which was
that this site not be utilized in the bidding process as a jail be adopted by you. I am gratified to
hear your comments. We have a number of members of our association who have been quite
concerned. We fought two different jail procedures over the last two decades. We have one of
the oldest civic associations in Miami. And that was the forensic hospital, was the first one, of
over a decade ago, and most recently, the Juvenile Justice facility. And I'd like our members
just to stand and let you know that we appreciate your support for keeping this facility, as you
bid it out; away from yet another jail facility. Spring Garden is poised to become one of Miami's
most livable success stories. We're a part of Overtown, a corner of Overtown. We have
stabilized our property values after 15 years of stagnation, and it's now going up, creating more
158 May 22, 1997
tax base for the City of Miami. We're very proud that we are about to be recommended by staff
to be the fourth historic district in the City of Miami. We're on the north bank of the Miami
River from 11th Street between 12th and 7th Avenues. We have a very cohesive and diverse
neighborhood. We're proud of it. We're trying to stabilize it, and we want to continue that
progress. Thank you.
Mayor Carollo: Well, I compliment the neighbors there, because it's a beautiful neighborhood.
I've been there recently quite a few times. It's kept up real nice. And the one thing that I
guarantee all of you is that there's no way that the County is going to build any kind of jail there.
As you all know, they wanted that property to build a thousand -bed jail as part of the buying of
the Maritime Park property. And we were very clear and precise in telling them no. I think you
will be happy with what's going to happen there. But the one thing you could be sure of is that
there is no jail that is going to go there. They would have to come back to us to get additional
approvals, which this Commission would never give. And frankly, we're not even interested in
selling this property to Dade County or any other governmental agency, because we would be
losing out on the ad valorem taxes that someone that is not government would pay on that
property.
Mr. Martin: Well, we're grateful for your unequivocal support, and that of your Commissioners.
Commissioner Plummer: Yeah, but you also have Dr. Ruth Greenfield over there, who just
keeps batting my head every time I see her.
Vice Mayor Regalado: Don't you worry that any jail will have to he built past Krome Avenue.
Mayor Carollo: I thank you all for coming and spending your time here. Can you call the roll?
Well, we have to read the ordinance. I'm sorry. Twenty-one.
Vice Mayor Regalado: First reading, 21.
Mr. Walter Foeman (City Clerk): Mr. Mayor, I need a seconder.
Commissioner Hernandez: I'll second.
Mayor Carollo: There's a motion and there's a second. Call the roll.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS„ AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 1155 NORTHWEST 11TH STREET, FROM RESTRICTED
COMMERCIAL TO MAJOR INSTITUTIONAL, PUBLIC FACILITIES
TRANSPORTATION AND UTILITIES; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
159 May 22, 1997
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.
----------------------------------------------------------------------------------------------------------------
54. PROPOSED FIRST READING ORDINANCE: CHANGE ZONING ATLAS AS
LISTED IN ORDINANCE 11000 -- CHANGE ZONING CLASSES FOR
PROPERTY LOCATED AT 1.155 N.W. 11 STREET -- FROM RESTRICTED
COMMERCIAL TO G/I GOVERNMENTAL INSTITUTIONAL -- LOCATION:
1155 N.W. 11 STREET (MUNICIPAL JUSTICE BUILDING) -- APPLICANT:
PLANNING & DEVELOPMENT.
Commissioner Plummer: Twenty-two is a companion. I move it.
Commissioner Gort: Second.
Mayor Carollo: Twenty-two is a companion item, a first reading. It's been seconded by
Commissioner Gort.
Commissioner Plummer: I think the last paragraph on the item should be very clear to these
people, and I read and quote:
"That the City would use the most effective method to ensure the property never
be used as a jail facility."
It's written into the document for...
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): That was the Planning
Advisory Board recommendation, was approval, with that condition.
Commissioner Gort: Is there any more?
Commissioner Plummer: No.
Mr. Joel Maxwell (Deputy City Attorney)
document.
Commissioner Plummer: Did you read it?
You mean into the RFP (Request for Proposals)
160 May 22, 1997
Mr. Jack Luft (Director, Planning & Development): Yes. Commissioner, that use would require
a special exception to be approved by this Commission, so no one could use that without your
approval, regardless of what the zoning is on there.
Mayor Carollo: Call the roll, please.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF
THE ZONING ORDINANCE BY CHANGING THE ZONING CLASSIFICATION,
FROM C-1 RESTRICTED COMMERCIAL TO G/I GOVERNMENT
INSTITUTIONAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 1155
NORTHWEST 11TH STREET, MIAMI, FLORIDA; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE 24 OF SAID ZONING ATLAS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
55. BRIEFLY DISCUSS CONSIDERATION OF PZ25 (PROPOSED FIRST
READING ORDINANCE AMENDING ORDINANCE 10544 TO CHANGE
LAND USE DESIGNATION OF CITY POLICE SUBSTATION LOCATED AT
2200 W. FLAGLER STREET & PROPERTY AT 2326 S.W.1 STREET) -- SEE
LABEL 58.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Out of the people that are left here... We just hit item 22. Twenty-three has
been withdrawn. How many... 24 has been withdrawn. How many are on 25?
Vice Mayor Regalado: Twenty-five is the substation.
Mayor Carollo: Yeah.
Vice Mayor Regalado: And the people that were here, Mr. Mayor...
Mayor Carollo: OK. All right.
161 May 22, 1997
Vice Mayor Regalado: ... they said that they had... they would leave because they were
confident that this would not be rezoned or sold.
Mayor Carollo: Yeah, right.
Commissioner Plummer: I think the people are here either on 30 or 31.
Mayor Carollo: Twenty-six is the same thing. Twenty-seven, anybody here for 27?
Ms. Slazyk: That's a companion.
Vice Mayor Regalado: Yeah.
Mayor Carollo: OK. Twenty-eight? Twenty-nine?
------------------------------------------ ---------------------------------------------------------------------
56. AFFIRM ZONING BOARD DECISION -- DENY APPEAL OF ZONING
BOARD DECISION WHICH DENIED VARIANCE TO PERMIT
STRUCTURE WITH SIDE SETBACK OF 2.75' -- FOR EXISTING ADDITION
TO SINGLE FAMILY HOME ZONED R-1 SINGLE-FAMILY
RESIDENTIAL -- LOCATION: 1746 S.W. 11 STREET -- APPLICANT:
MARTHA VALVERDE.
-------------------------------------------------------- -------------------------------------------------------
Mayor Carollo: Thirty.
Commissioner Plummer: Here's 30.
Mayor Carollo: Thirty and 31. OK. If... I'm going to take out of order 30 and 31.
Commissioner Plummer: Fine.
Mayor Carollo: And particularly in light of Commissioner Hernandez would have to leave after
that, so if he could at least stay for those two items, we'll take them up quickly. We'll take up
30.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-30 is an appeal of a
variance that was denied by the Zoning Board. The Department of Planning and Development
has recommended denial, as well. This is the case that we... was continued in order for the
Commission to have a visit out at the site, and to actually see the construction on the property.
The department still contends that there is no hardship to justify the variance, and would still
recommend denial.
Commissioner Plummer: The person filing the appeal goes first?
Mr. Joel Maxwell (Deputy City Attorney): Yes, the appellant.
Commissioner Plummer: Who filed the appeal?
Ms. Slazyk: The property owner.
Commissioner Plummer: They go first. State your case.
162 May 22, 1997
Mr. Walter Foeman (City Clerk): Mr. Mayor, I need to swear everyone in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Guadalupe Ruiz: OK. First, we want to thank you for coming out to the property and
giving us the benefit of the doubt. By the Commissioners we was... A letter from an engineer
was requested to show that the addition that is there is up to code. We provided a copy of the
letter to Teresita Rafael and one to the Commission. If you don't have one in front of you, we do
have a copy from the engineer. And we also want to state that everything else that was... that we
have the permits for everything else that was requested by you, and we're just here to see...
What we plan to do is just to resolve this, legally, without any burden on anybody. And we
brought the letter that you had requested. That was what the extension was for before, for the
letter that the engineer would say that the work was done up to code. Do you need to see a copy
of the letter?
Commissioner Plummer: Yeah, if you have it. Let me understand in the simplest of terms. This
whole thing is about two feet and a quarter inch. Is that correct?
Ms. Ruiz: Correct, 2.75. It's an addition...
Commissioner Plummer: I'm not saying that that makes it right or I'm going to vote in favor of
it. I'm just asking, is there anything else besides that as the issue?
Ms. Ruiz: Not that I'm aware of.
Commissioner Plummer: OK.
Vice Mayor Regalado: So the problem here... The problem here is the precedent that we are
setting here. So I was there with the Mayor and we saw the property, and we understand that
they tried, but since... If they cannot comply, I move to deny.
Commissioner Gort: Well, the motion is...
Commissioner Plummer: The motion to deny that before us is not what you want. You're
denying the appeal.
Ms. Slazyk: That means affirming the decision of the Zoning Board, which was a denial of the
variance.
Mr. Maxwell: Yeah, the Zoning Board denied. So you have a choice of reversing or upholding
the decision of the Zoning Board. If you vote to affirm the decision of the Zoning Board, that
would deny the appeal, their position.
Ms. Ruiz: We need the variance in order to get the permits.
Commissioner Plummer: Wait. Wait a minute. You're out of order, because there hasn't been a
second. I'm waiting to hear the second.
Commissioner Gort: I'll second it.
Commissioner Plummer: OK. Now, I would appreciate hearing from the other side as to other...
As I recall, they're not really concerned about the two feet as they are the precedent setting, as I
163 May 22, 1997
recall. And I think they should have the right to speak, if they wish. If they don't want to speak,
then let's proceed with the vote.
Vice Mayor Regalado: Well, but... Yeah, you're right. And we were there and the
Commission... members of the Commission were there, City staff was there, and they were told
what to do. And we sympathize with your problem, but the problem is that if we grant you this
appeal, then somebody else will come up. And there are a lot of people in this area, in the
Shenandoah area that are working very hard to keep their houses and their properties with the
value that they deserve. So I am very sorry, but I have to move for denial.
Mr. Foeman: We have a motion and we have a second.
Vice Mayor Regalado: Well, go ahead.
Mayor Carollo: There's a motion and there's a second. Call the roll.
Mr. John Westbrook: My name is John Westbrook. I live at 1823 Southwest 13th Street. I'm
president of the Shenandoah Neighborhood Association, and we have several members and
neighbors here. We all live within half a mile maximum of this property. And yes, it is the
precedent that concerns us the most. However, it should be noted that, you know, there was a
request for a variance because of a hardship, and there are six different types of hardships a
property or an owner must meet before being able to get a variance, and this meets none of them
that we're aware. Also, in the original application for this variance, it was stated that these... this
construction was done before they had owned the property. But at a later hearing... I believe it
was at the Planning... the Code Enforcement meeting on March 5th, the owners admitted that the
work had been done after they owned the property, after Andrew. We also feel badly about this,
and, you know, I do personally, because I realize that because they don't get it, it is a hardship
for them. But on the other hand, the City has to make a stand at some point. They have no legal
basis for a variance. You can't just grant a variance without that basis; otherwise, anyone could
come before you that wants to build two feet from their property edge, and the kinds of things
we've been really fighting against for years are going to continue to go on. Property values are
going to continue to decrease. The tax base will continue to decline. We're already the...
Mr. Foeman: You have 30 seconds.
Mr. Westbrook: ... third or fourth poorest City in the country. And we love this neighborhood,
and we're doing our best to make it a good place to live, and we need your help now to do that.
Thank you.
Commissioner Plummer: You know, I've got to ask a question. There are - what? - six reasons
for the hardship?
Ms. Slazyk: Yes, sir.
Commissioner Plummer: OK. If none of those six reasons are indicated, why are they allowed
to even apply for a variance.
(APPLAUSE)
Commissioner Plummer: Thank you, my brother-in-law, sister-in-law, mother-in-law. No, I'm
not joking around. I'm asking that, if, in fact, the hardship, according to our rules, has to meet
one of the six criteria, and the only hardship - and I don't know if there is another one - in this
particular case is their hardship because of the extension, how are they allowed to... How are
they allowed to apply for a variance? I mean, are we wasting their time...
164 May 22, 1997
Ms. Ruiz: Our money.
Commissioner Plummer: ... their money, our time?
Mr. Maxwell: Commissioner.
Commissioner Plummer: Sir?
Mr. Maxwell: Certain of... Some of those variances may be... well, the factors may be a criteria
or rather, it can be a question of fact. And the only way to arrive at whether or not they have
actually satisfied the criteria would be at a public hearing, after they've presented the necessary...
Commissioner Plummer: In other words, our Law Department is not adequately prepared to deal
with the issue?
Mr. Maxwell: Our Law Department is not authorized, nor does it have the jurisdiction to make
those types of decisions. That would be the Zoning Board, under the Code.,
Commissioner Plummer: Excuse me. If you come before this board and you ask for a statement
of fact, and there's a dispute, who am I going to turn to, to ask what is the legality?
Mr. Maxwell: Oh, we would give you the law, but you make the decision on that. You are the
decision maker. You are the fact finder, that's correct.
Commissioner Plummer: So, in other words, you tell me it's against the law, and I can go ahead
and vote against what you tell me.
Mr. Maxwell: Based on the information that you hear, the evidence that's presented...
Commissioner Plummer: OK.
Mr. Maxwell: ... you make the decision at that point. Whether or not... For instance, whether or
not it was of their creation. Remember, self-created hardship is one of the factors, and that was
something you would he the determiner of. Whether or not...
Ms. Slazyk: Special conditions.
Mr. Maxwell: Yes, special conditions, so forth. These are things you decide.
Commissioner Plummer: Well, all right. In this particular issue, is there anything that you can
think of that would be a legitimate hardship in this particular application? From what you're
heard, and you've heard the same thing I've heard, is there anything here that you feel that
would meet one of the six criteria?
Mr. Maxwell: Commissioner, quite frankly, based on what I've heard so far, I would arrive at
the same conclusion I've heard the board arrive at. Also, you have your experts in this particular
case who...
Commissioner Plummer: Boy you back off in the...
Mr. Maxwell: ... who have also advised you in their capacity as planning staff that they have not
satisfied the criteria.
165 May 22, 1997
Commissioner Plummer: I thank you for your answer, and your coach did well.
Commissioner Hernandez: Mr. Mayor, I really have to go. I know their position. I've spoken to
her. I know, quite frankly, what she's about to say, because I've spoken to her, not only on this
issue, but on how she feels about Code Enforcement.
Commissioner Plummer: Call the question.
Commissioner Hernandez: I'd like to call the question and move with a vote.
Mayor Carollo: Well, call the question and...
Commissioner Plummer: Why don't we delay it, because that lady in blue back there would like
to beat his head soft. So...
Mayor Carollo: I don't think there is any doubt that this Commission bent backwards when I
requested to delay this so we could go inspect the property, see it ourselves. And, I mean, we
went to the extreme, because when we're going to make a decision like we're going to make
today that's going to affect individuals, we want to make sure that we're looking at all the facts.
We just don't want to make a decision without looking at the property. Before we vote, I'd just
like to find out whatever happened to the turkey that was in the back, Lourdes, the live turkey?
Ms. Slazyk: As far as I know, it's still there. There was a turkey in the back when we went.
Mayor Carollo: Not their house. The one behind theirs, the neighbor's house.
Commissioner Plummer: Was that before or after Thanksgiving?
Vice Mayor Regalado: No, after.
Ms. Slazyk: Being plumped for next year.
Mayor Carollo: No, this is a real live turkey.
Ms. Slazyk: It scared me, I swear to god.
Commissioner Plummer: Oh yeah? Straight from Tallahassee, huh?
Mayor Carollo: I hope it's no longer there. Anyway, having said that, and, you know, there's a
motion. The question has been brought to the forefront. Call the roll, Mr. Clerk.
166 May 22, 1997
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-361
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND
DENYING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL, TO PERMIT A
STRUCTURE WITH A SIDE SETBACK OF 2.775' (5'-0" REQUIRED) FOR AN
EXISTING ADDITION TO A SINGLE FAMILY HOME FOR THE PROPERTY
LOCATED AT 1746 SOUTHWEST 11TH STREET, MIAMI, FLORIDA, ZONED R-1
SINGLE-FAMILY RESIDENTIAL.
(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.
----------------------------------------------------------------------------------------------------------------
57. (A) AFFIRM ZONING BOARD DECISION -- DENY APPEAL TO
PERMIT TWO STRUCTURES ALONG S.W. 4AVENUE WITH
PROPOSED SIDE STREET SETBACKS OF 5'-8" AND 3'-8"
ACCORDING TO ARTICLE 25, SECTION 2502, SPECIFIC
DEFINITIONS -- TO ADD GARAGE & PORTE-COCHERE TO
SINGLE FAMILY RESIDENCE ZONED R-1 SINGLE-FAMILY
RESIDENTIAL -- LOCATION: 2900 S.W. 4 AVENUE --
APPLICANT: LAZARO & MARIA ALBO -- SEE LABEL 32.
(B) COMMENTS REGARDING PROPOSAL TO BARRICADE ROADS
AREA.
Mayor Carollo: Now we're on PZ item 31, finally, and it will be heard tonight.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-31 is an appeal of a
variance that was denied by the Zoning Board for 2900 Southwest 4th Avenue. And again, the
Department of Planning and Development recommends denial. There is no hardship to justify
the variance. This is an oversized lot. It's actually a double lot in the City of Miami, and any
construction should comply with the Zoning Ordinance.
Commissioner Plummer: All right. In the simplest of terms, as I recall, this issue is twofold.
One is in relation to the porte-cochere.
167 May 22, 1997
Ms. Slazyk: Yes.
Commissioner Plummer: I referred to it. And the second one is an additional garage. And the
only additional problem there is access in... where access is from, as I recall, and the setback.
Ms. Slazyk: Yes.
Commissioner Plummer: In other words, the setback... If it stays where it is and you go in from
the street... no, I'm sorry.
Ms. Slazyk: It still requires a variance.
Commissioner Plummer: If you set it back farther, you can't access from the side. Correct? So
that then it creates... If, in fact, the setback goes farther back... How far is it going to go? From
the wall?
Ms. Slazyk: Fifteen feet required.
Commissioner Plummer: And what is it now that he's asking for?
Mr. Ron Williams (Director, Solid Waste): Five and change.
Commissioner Plummer: Five and change.
Ms. Slazyk: Five feet, eight inches.
Commissioner Plummer: So what you're saying, if it goes back to ten feet, then you've got to
access from the street, which he has a right to do, I assume.
Ms. Slazyk: Yes, for that 15 feet back, then he can access from the street, yes.
Commissioner Plummer: Yeah, I understand that. And as I also recall, my previous
involvement was that the porte-cochere was no problem, in my estimation because...
Commissioner Hernandez: They've removed that already. I don't think that's an issue.
Commissioner Plummer: Well, OK. So it's not an issue because it was one... If it's canvas, it
was one thing. If it's aluminum, it's another. And I thought that was absolutely crazy. So
really, the issue is the garage. No?
Commissioner Hernandez: I think that is the main issue, because the.. As far as I've heard,
unless they've changed their mind today, that the porte-cochere is not going to be done. Is that...
That's what I've heard.
Mr. Daniel Perez-Zarraga: Excuse me.
Commissioner Plummer: Well, let me put it this way for my speak, OK? It's not an issue for
me. All right? Because they can put it there. The only question was whether it was aluminum
or whether it was canvas, and whether or not they had the right to have a drive -under, like a
carport. So to me, it's a non -issue. The issue is the garage.
Mr. Perez-Zarraga: He gets to go first.
168 May 22, 1997
A
Commissioner Gort: Have they been sworn in?
Mr. Perez-Zarraga: No.
Mayor Carollo: Swear everybody in, Mr. Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Perez-Zarraga: I'm his interpreter.
Commissioner Hernandez: Oh, you're not going to testify?
Mr. Perez-Zarraga: Well, I'll present his particular item.
Mayor Carollo: But you're the interpreter, or you're his attorney or...
Mr. Perez-Zarraga: No. I'm the architect, but I'm acting as his interpreter as well.
Mr. Walter Foeman (City Clerk): Mr. Mayor, excuse me. Under the new ordinance, as part of
the presentation team, he has to register as a lobbyist.
Commissioner Hernandez: Right. Didn't you just do that?
Mr. Perez-Zarraga: I was doing it while I was asked...
Commissioner Plummer: Does he have to pay a five hundred dollar ($500) fee?
Mr. Foeman: Yes, he does.
Commissioner Hernandez: Plus a hundred.
Commissioner Plummer: Well, I'm asking the question.
Commissioner Gort: Yeah, let me ask a question. The interpretation of a lobbyist... and this is
something not for today, but I'd like for someone in the Law Department to look at it. If
someone comes in here and needs someone to give expert opinion on something, do they have to
i
be registered as a lobbyist?
Mr. Maxwell: He's representing another party. That's what triggers it. He's representing
someone else.
Commissioner Gort: OK. I understand that...
i Mr. Maxwell: And he's been paid in that capacity, as well.
Commissioner Gort: But my question is, if someone - an engineer, an architect and all that - can
come and make a statement, would that still be considered lobbying?
j Mr. Maxwell: It depends on whether... If they're part of a...
Mr. Foeman: ... presentation team.
169 May 22, 1997
Mr. Maxwell: ... of a presentation team, and the person who's hired them is seeking some action
from the City on behalf of their client, they have to be registered. Now, if they show up, they are
here, they are just here and you ask a question, there is a provision of the lobbyist ordinance that
says that just answering questions posed by the Commission to them, or from staff, does not
constitute being a lobbyist. But that's... The gentleman here just clearly indicated that he was
representing Mr. Albo.
Ms. Slazyk: As the architect.
Mr. Maxwell: Yeah.
Mr. Perez-Zarraga: OK. Yeah, this is Daniel Perez, with the firm of Perez and Perez,
Architects/Planners, 2121 Douglas Road, representing Mr. Albo.
Mr. Maxwell: He's still not... he hasn't gone through the process of registering as a lobbyist.
That's a condition precedent to appearing before this board.
Mr. Perez-Zarraga: OK. Then I believe that you're going to have to move to have this item
heard on some other occasion so I can register as a lobbyist...
Mr. Wilkins: No.
Mr. Perez-Zarraga: ... so that in so doing, we can abide by the new present ordinance.
Commissioner Hernandez: What does the word "hire" consist of? Does money have to transfer?
Mr. Maxwell: He has to pay... Whether he's paid or not, compensation is not the issue.
Commissioner Hernandez: For his services...
Mr. Perez-Zarraga: This is a pro bond service of...
Commissioner Hernandez: What if it's pro bono? What if it's pro bono in this case?
Mr. Maxwell: Pro bono doesn't make a difference in this case.
Vice Mayor Regalado: OK. Good.
Commissioner Hernandez: OK. That's what I'm asking.
Mr. Maxwell: Does not make a difference.
Mr. Perez-Zarraga: All right. Then I think Mr. Albo has indicated that we would like to move to
have this item heard on another occasion, so that I can properly then register as a lobbyist, pay
the five hundred dollar ($500) fee, and be within the confines of the State... of the City laws.
Vice Mayor Regalado: Excuse me. What if we... What if we interpret for Mr. Albo, and he
doesn't have to be there, so you don't have to be...
Mr. Maxwell: Oh, it's not the issue of whether or not he's interpreting or not.
Mr. Wilkins: Unless there's anything new to be presented...
170 May 22, 1997
Vice Mayor Regalado: Well, no, he said...
Mayor Carollo: We're going to hear this today, one way or another.
Vice Mayor Regalado: Yeah. He said that he was going to interpret for him. That's what he
said.
Mr. Wilkins: And he's not paying him as an interpreter.
Mr. Maxwell: If he's acting purely as...
Mayor Carollo: All right. We're going to hear it, yeah. We're going to hear it.
Mr. Maxwell: Excuse me. If I may address the Commissioner's question. An interpreter does
not trigger the lobbyist ordinance. It's his representation as his architect that does it. Interpreters
do not need to register as lobbyists, sir.
Vice Mayor Regalado: But he said that he was his architect, but he was here to interpret.
Commissioner Gort: Yeah, he's interpreting.
Vice Mayor Regalado: So why don't we either get him another interpreter or...
Commissioner Hernandez: He's going to interpret. Let him interpret.
Mr. Maxwell: Yeah. If that's all he's doing... If that's all he's...
Vice Mayor Regalado: That's it. But we need to get on with this. I mean, you know, let's do it.
Let's do it.
Commissioner Hernandez: Let's do it. Mr. Perez is going to be his interpreter.
Vice Mayor Regalado: Let's do it.
Mr. Maxwell: That's fine.
Mr. Perez-Zarraga: I think what we can probably do to make sure that we're within the
guidelines is I will interpret it, and if you have any professional questions that you want to ask
me relative to the matter, I will be more than happy to respond to those.
Commissioner Hernandez: That's fine.
Commissioner Plummer: We'll accept your check.
Commissioner Hernandez: That's fine.
Mayor Carollo: Well...
Mr. Maxwell: That's one way around it at this particular point.
Mayor Carollo: Well, yeah, he could interpret it. But all that he could do is interpret what Mr.
Albo would say.
Mr. Maxwell: That's correct.
171 May 22, 1997
A ',
Vice Mayor Regalado: That's right.
Mayor Carollo: And if we asked any questions, then it would have to be of Mr. Albo. He would
have to interpret exactly what Mr. Albo says.
Mr. Maxwell: There is a provision of the ordinance that says that you do not have to be a... you
don't have to register as a lobbyist if you're simply answering questions posed by the
Commission, initiated by the Commission.
Mr. Wilkins: OK.
Commissioner Plummer: You know, let me try to settle this thing. All right? Lazaro, you were
supposed to surrender a new plan. OK? I have not seen the new plan. Now, I know you've
been sick. I know you've had an operation. But I know that we said tonight we either fish or cut
bait. OK?
Mr. Wilkins: Thank you.
Commissioner Plummer: And we made that pledge to these people that have been here on six or
seven different occasions, and I'm sure they're going to be back on six or seven more, because
they love to be here. But that's not on this particular issue. Lazaro, I'm your friend. You got to
make changes. As far as I'm concerned, you've got to make changes.
(INAUDIBLE COMMENT NOT ENTERED IN THE PUBLIC RECORD)
Mr. Maxwell: On the record, sir. You have to speak on the record, into the microphone.
Mayor Carollo: And he doesn't need an interpreter.
Commissioner Plummer: The porte-cochere, in my estimation, has never been an issue.
Mr. Albo: Wait, wait, wait. Wait a minute. I go on your recommendation to the meeting of the
neighborhood. And I say... and we agreed, take this out. I do meetings. When you told me do a
meeting, I go a meeting over there.
Commissioner Plummer: What did you do in changing... in reference to the garage?
Mr. Albo: Take it easy.
Commissioner Plummer: No, no, the garage. Not the port-cochere.
Mr. Albo: Right. Well, the garage, you only need it for five people going in the front the door,
my two door, we got the door for the garage.
Commissioner Plummer: Lazaro, you're not going to win the way it is, I'm telling you. You're
my friend, but I got to tell you the truth.
Mr. Albo: Let me tell you something, Plummer. I be here for one year. These people is against
me. You got... You go to the Roads, you see that's the thing that can... myself. And now, these
people, you know what is they... What I think is he want to hit me while be the friend for
everybody here, and say I got a powerful politics. That's what she say all the time.
Commissioner Plummer: Now, look, how do I say to the people that were just here that we
denied them because of two feet, and you're asking me to deny 15 feet or ten feet?
172 May 22, 1997
Mr. Albo: No, no, no 15 feet. It's five feet only.
Commissioner Plummer: Ten more.
Mr. Wilkins: It's a ten -foot difference. He's setting back...
Commissioner Plummer: It's ten more.
Mr. Wilkins: It's a 15-foot required. He's asking for five.
Commissioner Plummer: I just turned people down for two feet. Now..
Mr. Wilkins: Five feet, two feet, what's the diff?
Mr. Albo: Here to here, five feet.
Vice Mayor Regalado: I'm sorry. We're talking here a technicality, and what we did before was
a precedent -setting situation. So again, I move to deny.
Commissioner Plummer: Well, I don't think that Lazaro has left us any alternative. I think that
something has got to give. That's why we asked to come up with a new plan. A new plan has
not been forthcoming. I would move whatever I could do to try to help, but I can't change the
law. The law is the law. And, you know, unless there is some change of some movement, I've
got to vote for it, for the motion.
Mayor Carollo: That's what was discussed the last time.
Commissioner Plummer: Well, Joe, look, you know, I'm sure people have said - and I've
already heard it - "Oh, Lazaro is going to win because he's a friend of everybody, and he's
worked in everybody's campaign." Yes, ma'am, he worked in mine. But I'm saying that he's
got to comply with the law. OK? Now, amen, period.
Mr. Wilkins: Thank you. That's all we're asking.
(APPLAUSE)
Commissioner Plummer: If there's anything...
Mr. Wilkins: The issue is not...
Commissioner Plummer: If there's anything... If there is anything that can be done to
accommodate within the law to help him, I would move mountains to do such. All right? I
would do such. But as I see it, there's only one thing he can do. If he moves that back, he's got
to enter from the street, not from his driveway.
Commissioner Hernandez: Mr. Perez, what changes...
Commissioner Plummer: Now, I understand why he wants to do that, because I think entering
from the street is going to be ugly. It hides it when he comes in from his driveway, but it doesn't
comply with the law. If I had my way to say which is the better issue, this would be it, because
you don't see the opening of the garage. You come in from here, it's hidden from the street
behind a wall. It's - what? - eight feet, nine feet high. But it's not the law, it doesn't comply,
and I'm sorry that it doesn't.
173 May 22, 1997
'R
Mayor Carollo: Yeah. That's what we said last time, Commissioner.
Commissioner Plummer: Well, hey...
Commissioner Hernandez: I have one question for...
Mr. Wilkins: Thank you.
Commissioner Hernandez: What changes were made to the plan from the last time you were
here?
Commissioner Plummer: The porte-cochere.
Mr. Perez-Zarraga: Commissioner, the porte-cochere... The reason why the plan was brought is
to be able to show you that this component Mr. Albo has already agreed to take out. All right?
Commissioner Plummer: It's a non -issue.
Mr. Perez-Zarraga: So it's a non -issue. What we're talking about... So this particular problem
has gone away, and, I believe, to the satisfaction of the neighbors. The issue that we're talking
about is, in order to be able to enter... there are already two different entrances to the property. If
you make a third entrance to the property that only are going to create a problem and a
precedent for openings onto the corner of the street.
Commissioner Plummer: I agree.
Mr. Perez-Zarraga: But I think you're going to be able to provide... create an unsightly situation
for the neighbors, which is one of the criteria of the six in the Zoning Ordinance classification.
Commissioner Plummer: You know what? I agree with you. OK? I agree with you. I
wouldn't want that third driveway there if I was one of the neighbors. I wouldn't want it to be
entered from the street if I was one of the neighbors. But I'm not one of the neighbors, and it
doesn't comply, and there's no grounds for the basis of a hardship. I mean, you know, as far as...
listen to me. As far as the porte-cochere, I'll move that right now to approve it. I'Il move to
approve that, because I don't think it's an issue.
Mr. Wilkins: Thank you.
Mayor Carollo: Any further statements that you all would like to make?
Commissioner Plummer: Well, I'm just going to ask the department, is there any way... any
movement that you can see that would bring this more... I'm not saying fully in compliance, but
in better compliance? I don't know.
Mr. Wilkins: We've tried, and tried, and tried again, and... The issue here is not garages, or
porte-cocheres or feet and inches. It's the same issue as the issue you just addressed. It's an
issue of law. There are six criteria. When last you asked us to compromise... And to us, a
compromise, again, is not feet or inches. A compromise is trying to meet the criteria of the law.
We actually... Our zoning chairperson ended up reading the law and trying to find a way to let
him meet one of the six. It just can't be done. This is a very similar case to the one you just
addressed. We don't want the precedent of having variances for no legal reason. If we have to,
we will challenge this in court, which would be a City expense. We don't want to have to do
that. We need you to honor your own zoning laws, which we helped you create. Thank you
very much.
174 May 22, 1997
Mr. Perez-Zarraga: Excuse me. Can I speak, or do you have to ask me questions?
Mayor Carollo: Well, you could speak, but you better pay six hundred bucks and till a form out.
I mean, that's the law.
Commissioner Plummer: Look, let's...
Commissioner Hernandez: But I asked him a question, Joe.
Commissioner Plummer: Sure, you can ask him a question.
Commissioner Hernandez: I did ask him a question. He didn't finish. I think... Did you finish
answering my question?
Mr. Perez-Zarraga: Well, the only thing is that... If you want me, I can go down the six
particular items of the Zoning Ordinance. Do you want me to go down the items?
Commissioner Plummer: What? I didn't hear your question.
Mr. Perez-Zarraga: Would you like for me to give you the justification in written... that is
itemized as Section 1903 written petition?
Mr. Wilkins: Let them give it... It's on the record.
Commissioner Plummer: But would you interpret for me what he feels his item of the hardship
is?
Mr. Perez-Zarraga: As far as the particular...
Commissioner Plummer: What... Would you interpret it? Because I didn't understand what he
said.
Mr. Perez-Zarraga: It is a cost hardship, in order to be able to tear down the wall, to be able to
provide particular...
Mr. Wilkins: That's not a...
Unidentified Speaker: So they don't get a garage.
Commissioner Plummer: The cost is not a hardship.
Mr. Wilkins: That's not a hardship, I'm sorry.
Commissioner Plummer: That's the problem.
Mr. Perez-Zarraga: OK. Not a problem.
Mr. Wilkins: Sorry. We've had competent expert testimony stating that that does not qualify as
a hardship. There has been no competent expert testimony stating that it is. All we're asking
you to do is follow the law.
Mr. Perez-Zarraga: Thank you very much. Yeah.
175 May 22, 1997
Commissioner Plummer: You know, I really feel...
Mayor Carollo: That's all that we could do.
Commissioner Plummer: I feel bad, but I... I have no choice.
Commissioner Hernandez: You want to keep the... the porte-cochere that you eliminated?
Mr. Perez-Zarraga: No. No, thank you. I believe we are going to...
Commissioner Hernandez: That is within the law, isn't it?
Mr. Wilkins: No, the porte-cochere was not, either.
Commissioner Hernandez: I thought...
Commissioner Plummer: What?
Mr. Wilkins: No.
Ms. Slazyk: If it was aluminum, yes, it would be in the law. But it's not.
Commissioner Plummer: Oh, come on. You know, I... To me, it's a non -issue. If he wants to
put a porte-cochere, so be it.
Mr. Wilkins: The porte-cochere is not an issue at this point.
Commissioner Hernandez: You don't want the porte-cochere?
Mr. Wilkins: The issue is, are you going to grant the variance with no legal criteria, and make us
go to court?
Commissioner Plummer: You mean on the porte-cochere or on the garage?
Mr. Wilkins: No, on the garage. The garage is the only issue right now.
Commissioner Plummer: Oh. No. We're going to vote no.
Commissioner Hernandez: I'm talking about the other one.
Mr. Wilkins: Thank you. Please do.
Mayor Carollo: OK.
Commissioner Hernandez: You're not interested in the porte-cochere, then?
Mr. Perez-Zarraga: No. I don't believe that Mr. Albo, at this point, is interested.
Commissioner Plummer: What?
Mr. Perez-Zarraga: I don't believe Mr. Albo is interested in the porte-cochere.
Vice Mayor Regalado: I presented a motion for denial.
176 May 22, 1997
Mayor Carollo: There's a motion for denial. Is there a second?
Commissioner Plummer: What's the choice? The vote... I second the motion. You know, I
don't want to do it, but that's the name of the game.
Mr. Maxwell: So this would be affirming the decision of the Zoning Board.
Mayor Carollo: There's a motion and there's a second. Any further statements from the
members of the Commission? OK. Hearing none, call the roll, please.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 97-362
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND
DENYING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL
USES, TO PERMIT TWO STRUCTURES ALONG SOUTHWEST 4TH 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, PER PLANS ON
FILE, TO AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 2900
SOUTHWEST 4TH AVENUE, MIAMI, FLORIDA, ZONED R-1 SINGLE FAMILY
RESIDENTIAL.
(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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: We have no choice. Yes.
Commissioner Gort: After the decision we made on the last one, we have to vote yes.
Mayor Carollo: Yes. We have to abide by the law.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Perez-Zarraga: Than you very much.
177 May 22, 1997
(APPLAUSE)
Ms. Slazyk: Do you want to continue the remainder of the items?
Commissioner Plummer: Joe, come back here. Come back here a minute.
Mr. Wilkins: Yes, sir.
Commissioner Plummer: I hear all kinds of rumors about wanting to barricade off the Roads.
Mr. Wilkins: You have not heard none of those from me, sir.
Commissioner Plummer: OK. If there are any legitimate proposals to encase the Roads, which
I'm not necessarily against, I wish somebody would start early before this Commission, giving a
lot of thought to a large area of barricading off the Roads. If there's nothing to it, then...
Mr. Wilkins: I will... We have a committee for that purpose, and I'll pass that information along
to the committee.
Commissioner Plummer: Fine. Fine.
Mr. Wilkins: Thank you again.
Mayor Carollo: Sure. Good night.
NOTE FOR THE RECORD: Commissioner Hernandez exits the
Commission chamber at 6:55 p.m.
----------------------------------------------------------------------------------------------------------------
58. CONTINUED -- PROPOSED FIRST READING ORDINANCE: AMEND
ORDINANCE 10544 FROM MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION & UTILITIES TO RESTRICTED
COMMERCIAL -- TO CHANGE FUTURE LAND USE ELEMENT OF
COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 2200 W.
FLAGLER STREET (POLICE SUBSTATION) -- APPLICANT: PLANNING &
DEVELOPMENT-- SEE LABEL 55.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK. We're back on...
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-25 is next.
Mayor Carollo: ... 25.
Commissioner Plummer: Move it.
Mayor Carollo: Moved, PZ-25.
Ms. Slazyk: That's the police substation.
178 May 22, 1997
Mayor Carollo: Right.
Ms. Slazyk: I want to clarity that...
Commissioner Plummer: God.
Ms. Slazyk: ... that it is allowed in C-1. If we change it to C-1 and the substation isn't sold,
which is what the Commission acted on earlier today, the use is still allowed in the C-1.
Mayor Carollo: This doesn't affect...
Commissioner Plummer: I moved it. Why are we...
Mayor Carollo: This doesn't affect in any way keeping the station open.
Mr. Luft: No, sir. Well, actually, by putting C-1 on it, it gives us more flexibility to introduce
uses along with the police substation that would create revenue and allow us to keep it. It's a
more flexible district for us.
Mayor Carollo: OK. Motion by Commissioner Plummer.
Commissioner Plummer: Yes.
Mayor Carollo: Second by Commissioner Gort. Can you read the ordinance, please. Call the
roll, please.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2200
WEST FLAGLER STREET AND 2326 SOUTHWEST 1ST STREET, FROM "MAJOR
INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"
TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
179 May 22, 1997
A
I .h
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
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.
----------------------------------------------------------------------------------------------------------------
59. PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 11000
FROM G/I GOVERNMENT INSTITUTIONAL TO C-1 RESTRICTED
COMMERCIAL TO CHANGE ZONING ATLAS -- LOCATION: 2200 W.
FLAGLER STREET & 2326 S.W.1 STREET (POLICE SUBSTATION) --
APPLICANT: PLANNING & DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move 26.
Mayor Carollo: Twenty-six, companion item?
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Yes.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS BY CHANGING THE
ZONING CLASSIFICATION, FROM G/1 GOVERNMENT INSTITUTIONAL TO C-1
RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 2200 WEST FLAGLER AND 2326 SOUTHWEST 1ST STREET,
MIAMI, FLORIDA; AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE 34 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
180 May 22, 1997
K
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
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.
----------------------------------------------------------------------------------------------------------------
60. PROPOSED FIRST READING ORDINANCE: AMEND TEXT OF
ORDINANCE 10544, COMPREHENSIVE NEIGHBORHOOD PLAN --
AMEND INTERPRETATION OF FUTURE LAND USE MAP TO ADD
RESIDENTIAL USES TO GENERAL COMMERCIAL LAND USE
DESIGNATION -- APPLICANT: PLANNING & DEVELOPMENT.
Commissioner Plummer: Move 27 on first reading.
Mayor Carollo: Twenty-seven on first reading. Second by Vice Mayor Regalado.
Commissioner Plummer: Is that out of my office? Is that out of my office? Read it.
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-2
LIBERAL COMMERCIAL DISTRICT, TO CLARIFY THAT RESIDENTIAL USES
ARE CONDITIONALLY PERMISSIBLE; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
181 May 22, 1997
9
was introduced by Commissioner Plummer, seconded by Vice Mayor Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
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.
----------------------------------------------------------------------------------------------------------------
61. PROPOSED FIRST READING ORDINANCE: AMEND TEXT OF
ORDINANCE 11000 -- AMEND ARTICLE 4, SECTION 401, C-2 LIBERAL
COMMERCIAL DISTRICT -- TO CLARIFY USAGE OF RESIDENTIAL
USES IN C-2 LIBERAL COMMERCIAL ZONING DESIGNATION --
APPLICANT: PLANNING & REVITALIZATION.
Commissioner Plummer: Move 29.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Twenty-eight.
Mayor Carollo: Twenty-eight.
Commissioner Plummer: Twenty-eight? I'm sorry. Move 28.
Mayor Carollo: It's a companion to 27. Moved by Commissioner Plummer, second by
Commissioner Gort.
182 May 22, 1997
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-2
LIBERAL COMMERCIAL DISTRICT, TO CLARIFY THAT RESIDENTIAL USES
ARE CONDITIONALLY PERMISSIBLE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
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.
----------------------------------------------------------------------------------------------------------------
62. (A) PROPOSED FIRST READING ORDINANCE: AMEND ARTICLE 7
OF ORDINANCE 11000, SECTION 701.1.1, CONDITIONAL USES --
TO ALLOW SUCH USES IN RECONSTRUCTED HISTORIC
STRUCTURES -- APPLICANT: PLANNING & REVITALIZATION.
(B) AUTHORIZE MANAGER TO SCHEDULE SECOND READING OF
SEVERAL PLANNING AND ZONING AGENDA ITEMS PRIOR TO
5: P.M.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Now I move 29.
Mayor Carollo: Twenty-nine has been moved.
Commissioner Plummer: Oh, oh, oh. Did you read the ordinance. Twenty-nine is...
Vice Mayor Regalado: No.
Mayor Carollo: Twenty-nine is moved by Plummer, second by Commissioner Gort.
Mr. Joel Maxwell (Deputy City Attorney): No, that's what we're doing now.
Mayor Carollo: Can you read the ordinance?
Mr. Maxwell: Mr. Mayor?
Mayor Carollo: Yes.
183 May 22, 1997
Mr. Maxwell: We need you to... if it's the will of the Commission, to pass by a minimum 4/5ths
vote a reso... a motion, rather, finding that items PZ-6, PZ-7, 19, 20, 21, 22, 25, 26, 27, 28, and
29 may be heard prior to five o'clock at the next... on second reading.
Commissioner Plummer: So move.
Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Gort.
Mr. Maxwell: We need...
Commissioner Plummer: Regalado, you got to be here.
! Mayor Carollo: OK. Would you call the roll, please?
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-363
A MOTION AUTHORIZING THE CITY MANAGER TO SCHEDULE PLANNING
AND ZONING AGENDA ITEMS 6, 7, 19, 20, 21, 22, 25, 26, 27, 28, AND 29 PRIOR
TO 5 P.M. ON A FUTURE PLANNING AND ZONING AGENDA WHEN SAID
ITEMS ARE CONSIDERED FOR SECOND READING.
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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
Commissioner Plummer: Mr. Mayor...
Mayor Carollo: Twenty-nine.
Commissioner Plummer: Twenty-nine, I've already moved it.
Mayor Carollo: OK.
Mr. Walter Foeman (City Clerk): PZ-29, PZ-29.
Commissioner Plummer: Mr. Mayor, I'd like to ask the Administration, if I may, is give
consideration... are you listening, Mr. Luft?
Mr. Jack Luft (Director, Planning & Development): Yes, sir.
Mayor Carollo: We didn't vote on 29.
Commissioner Plummer: We didn't?
184 May 22, 1997
Mayor Carollo: Call the roll.
Commissioner Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
MIAMI BY AMENDING ARTICLE 7, "HP HISTORIC PRESERVATION OVERLAY
DISTRICTS," SUBSECTION 704.1.1 "CONDITIONAL USES," TO ALLOW SAID
USES IN RECONSTRUCTED HISTORIC STRUCTURES CONDITIONALLY;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
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.
------ ------------------------------------------------ ----------------------------- -----------------------------
63. DIRECT ADMINISTRATION TO REVIEW ELECTRIC FENCES BUILT ON
THE PROPERTY LINE CLOSE TO STREETS CAUSING DANGEROUS
TRAFFIC SITUATIONS -- FURTHER DIRECT MANAGER TO RETURN
WITH RECOMMENDATIONS ABOUT SAME.
Commissioner Plummer: Mr. Mayor, I'd like to ask that Mr. Luft, as head of Building and
Zoning... I think we have a situation that needs addressing, and that situation is places that are
gated that have electric fences, and those electric fences are at the property line, not giving
adequate room to get the cars off of the street, creating a very dangerous situation, because the
cars are sticking out in main thoroughfares. I saw a very serious problem over on Tigertail in
which a car... the back end was totally demolished, waiting, because those gates are slow to open
up. I think what we need to consider in our ordinance is setting that fence back so that they are
clear, off the street, and off the sidewalk, so that the pedestrians can move, as well, and be safe.
And I would ask the Building Department, exercise and massage that issue, and come back to
this Commission after its regular procedures.
Mr. Jack Luft (Director, Planning & Development): For the record, I am not the head of
Building and Zoning.
Commissioner Plummer: I'm sorry?
Mr. Luft: But I'll pass the message along.
185 May 22, 1997
Commissioner Plummer: Thank you.
Mr. Luft: We do require a 20-foot setback for apartments and for commercial uses. For that
very reason, and I think what we'll have to do is look at that same standard for the single family.
Commissioner Plummer: Well, I'm looking at it not from zoning. I'm looking at it from a
safety issue. OK?
Mr. Luft: Yeah. From a safety standpoint, certainly.
Commissioner Plummer: Because cars are sticking out in the street, and it's creating a problem.
----------------------------------------------------------------------------------------------------------
64. COMMISSIONERS REQUEST PROGRESS REPORT ON TOWER THEATER
REPAIRS.
Vice Mayor Regalado: Jack, when are we going to start the Tower Theater?
Mr. Jack Luft (Director, Planning &. Development): The contract was approved for the
demolition. That work will start next week.
Commissioner Plummer: Start what?
Vice Mayor Regalado: The Tower, the Tower.
Mr. Luft: The demolition of the interior. The interior work will begin next week. The
contractor will be on the site. We expect that... What we're going to do is, we're going to hold a
prebid meeting after the demolition of the interior work, so that the bidders for the next phase
can see what they've got inside. We're trying to... There's a lot of questions that will raise the
price if we don't do this.
Vice Mayor Regalado: Well, I think...
Mr. Luft: And then we'll start construction and come back with you with the construction bids
in June.
Vice Mayor Regalado: Mr. Mayor and members of the Commission, I think that since this will
be the first project of the City of Miami that we have done in many, many months, the day that
they start the process, we all should be there, you know, because this is a symbol, again, and, you
know, it says fall '96, beginning of construction. And this at least would show that the City is
moving in one direction.
Commissioner Gort: By the way, I want you to know that I've had two or three individuals of
one conscience coming in here, and they want to buy within that area. I want you to know that.
So... and they've just been coming there.
Mr. Luft: We'll get you the... Commissioner, we'll get you the exact date and time, and we'll
arrange for that.
Commissioner Gort: OK.
186 May 22, 1997
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65. (A) EMERGENCY ORDINANCE: AMEND CITY CABLE LICENSE
ORDINANCE 9332 -- EXTEND TERM OF CABLE TELEVISION
LICENSE AGREEMENT WITH MIAMI TELECOMMUNICATIONS,
INC., ON MONTH TO MONTH BASIS.
(B) AUTHORIZE MANAGER TO DRAFT / DISSEMINATE REQUEST
FOR PROPOSALS (RFP) -- FOR SEEKING CABLE TELEVISION
SERVICE PROVIDERS.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor and Commissioners, just two quick items.
At the last City Commission meeting, you discussed extending the cable television franchise on
a month -to -month basis. And you also dis...
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Mr. Jones: The cable television franchise. And you also directed the Administration to prepare
RFP's (Requests for Proposals) seeking other service providers, but you didn't take a vote on it.
So I need to read into the record the emergency ordinance extending the cable franchise, and also
read into the record a resolution, and take a vote on it.
Commissioner Plummer: So move.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor, signify by saying "aye."
Mr. Walter Foeman (City Clerk): It's an emergency ordinance.
Mayor Carollo: All right. It is an ordinance. I apologize.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CITY OF MIAMI CABLE
TELEVISION LICENSE ORDINANCE NO. 9332, AS AMENDED, BY
EXTENDING THE TERM OF THE CABLE TELEVISION LICENSE
AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA, AND MIAMI
TELECOMMUNICATIONS, INC. ON A MONTH -TO -MONTH BASIS
COMMENCING MAY 18, 1997; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
187 May 22, 1997
W
was introduced by Commissioner Plummer and seconded by Commissioner Gort, 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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11504.
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.
NOTE FOR THE RECORD: At this point, the City Attorney reads
Me propose reso ution mto the public record.
Commissioner Plummer: Well, I'll move it. I think The Herald gave a lot of free publicity on it
already, but I'll move it.
Commissioner Gort: Which is this?
Commissioner Plummer: To go out with an RFP for other people to come in and bid on the
cable TV.
Commissioner Gort: Second.
Commissioner Plummer: It's not exclusive. A lot of people think it's exclusive. They're not.
Commissioner Gort: Second.
Mayor Carollo: Call the roll, please.
188 May 22, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-364
A RESOLUTION AUTHORIZING THE CITY MANAGER TO DRAFT AND
DISSEMINATE A REQUEST FOR PROPOSALS (RFP) FOR THE PURPOSE OF
SEEKING CABLE TELEVISION SERVICE PROVIDERS AND TO SUBMIT
QUALIFIED RESPONDENT(S) TO THE MIAMI CITY COMMISSION FOR
APPROVAL.
(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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
-------------------------------------------- ----------------------------------------------------- ---------------
66. BRIEF DISCUSSION CONCERNING SCHEDULING SELECTION OF
DEVELOPER FOR DINNER KEY BOATYARD IN NEXT AGENDA.
Mayor Carollo: Anything else?
Commissioner Plummer: The only thing I need to know, when are we going to move on Dinner
Key? Hello? When are we going to move on Dinner Key Marina Boatyard over here?
Mr. Jack Luft (Director, Planning & Development): That's up to this Commission to schedule a
hearing.
Commissioner Plummer: Well, let's schedule it right now. Let's do it. That's a source of
revenue.
Mayor Carollo: Why don't you talk to the Manager and get it on the agenda?
Commissioner Plummer: Let's deal with it on the next agenda.
Mr. Jack Luft: OK. June 12th, or is it now the 9th?
Commissioner Plummer: What?
Mr. Luft: Is the meeting the 9th now?
189 May 22, 1997
Commissioner Plummer: Yeah.
Mayor Carollo: Make sure he's ready on the 9th. If not...
Commissioner Plummer: Joe, every day that goes by, we're losing revenue on it. So as far as
I'm concerned, let's deal with it the 9th...
j Mayor Carollo: All right. Meeting is adjourned. Good night.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:06 P.M.
JOE CAROLLO
MAYOR
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
190 May 22, 1997