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Home My WebLink AboutCC 1995-02-23 Minutesu CITY m OF MEETING HELD OR FEBRUARY 23, 1995 PLANNING & ZONING PREPARED I3Y THE OFFICE OF THE CITY CLERK CITY HALL MATTY HXRAI City Clerk 4., INDEX MINUTES OF PLANNING AND ZONING MEETING February 23, 1995 ITEM SUBJECT NO. 1. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 3015-3017 S.W. 22 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Celia Rau, owner & Amancio Suarez, buyer.) 2. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 3015-3017 S.W. 22 TERRACE FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Celia Rau, owner & Amancio Suarez, buyer.) 3. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 3001 & 3019-3021 S.W. 22 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Amancio Suarez, Challenger Investments, Inc.) 4. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 3001 & 3019-3021 S.W. 22 AVENUE FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Amancio Suarez, Challenger Investments, Inc.) LEGISLATION PAGE NO. ORDINANCE 1-4 11222 2/23/95 ORDINANCE 4-5 11223 2/23/95 ORDINANCE 6 11224 2/23/95 ORDINANCE 7 11225 2/23/95 5. SECOND READING ORDINANCE: AMEND ORDINANCE 8 10544 (MCNP) FUTURE LAND USE 11226 MAP -- CHANGE LAND USE 2/23/95 DESIGNATION AT 3023-3025-3027- 3031-3033 S.W. 22 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Ana & Nicola Cossentino.) 6. SECOND READING ORDINANCE: AMEND ORDINANCE 9 11000 ATLAS -- CHANGE DESIGNATION 11227 AT 3023-25-27-31-33 S.W. 32 2/23/95 TERRACE FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Nicola & Ana Cossentino.) 7. DISCUSS AND CONTINUE (TO MARCH DISCUSSION 10-13 23RD MEETING) CONSIDERATION OF 2/23/95 PROPOSED RESOLUTION TO OFFICIALLY CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC USE OF S.W. 16 ROAD ADJACENT TO SIMPSON PARK. (Applicant: Public Works Department.) 8. SECOND READING ORDINANCE: AMEND ORDINANCE 13-15 11000 ATLAS -- CHANGE DESIGNATION 11228 AT 2474 S.W. 27 TERRACE FROM R-1 2/23/95 SINGLE-FAMILY RESIDENTIAL TO O- OFFICE. (Applicant: Stephen D. & Elaine H. Pearson.) 9. SECOND READING ORDINANCE: AMEND ORDINANCE 16 11000 ATLAS -- CHANGE DESIGNATION 11229 AT 2474 S.W. 27 TERRACE BY ADDING 2/23/95 SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT AND DESIGNATING AN F.A.R. OF 0.5 TO SUBJECT PROPERTY. (Applicant: Planning, Building & Zoning Dept.) 10. FIRST READING ORDINANCE: AMEND ORDINANCE 17-21 16544 (MCNP) FUTURE LAND USE FIRST MAP -- CHANGE LAND USE READING DESIGNATION AT 4101 N.W. 11 2/23/95 STREET & 1135-1145 N.W. 41 AVENUE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL. (Applicant: Ronald Pellitero, for Pell / Cruz Investments, Inc.) 11. FIRST READING ORDINANCE: AMEND ORDINANCE 22 11000 ATLAS -- CHANGE DESIGNATION FIRST AT 4101 N.W. 11 STREET & 1135- READING 1145 N.W. 41 AVENUE FROM R-3 2/23/95 MULTI -FAMILY MEDIUM --DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL. (Applicant: Ronald Pellitero, for Pell / Cruz Investments, Inc.) 12. FIRST READING ORDINANCE: AMEND ORDINANCE 23-24 10544 (MCNP) FUTURE LAND USE FIRST MAP -- CHANGE LAND USE READING DESIGNATION AT 2720-28-40 S.W. 6 2/23/95 STREET & 2725-35-45 S.W. 7 STREET FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Miami -Dade Community College.) 13. FIRST READING ORDINANCE: AMEND ORDINANCE 25-26 11000 ATLAS -- CHANGE DESIGNATION FIRST AT 2720-28-40 S.W. 6 STREET & READING 2725-35-45 S.W. 7 STREET FROM R-2 2/23/95 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Miami -Dade Community College.) 14. FIRST READING ORDINANCE: AMEND ORDINANCE 26-31 10544 (MCNP) FUTURE LAND USE FIRST MAP -- CHANGE LAND USE READING DESIGNATION AT 2190 S.W. 21 2/23/95 TERRACE FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: J.P. Loumiet, for EJL Partnership, owner & Hemisphere Bank, buyer.) 15. FIRST READING ORDINANCE: AMEND ORDINANCE 31-33 11000 ATLAS -- CHANGE DESIGNATION FIRST AT 2190 S.W. 21 TERRACE FROM R-1 READING SINGLE FAMILY RESIDENTIAL TO C-1 2/23/95 RESTRICTED COMMERCIAL. (Applicant: J.P. Loumiet, for EJL Partnership, owner & Hemisphere Bank, buyer.) 16. FIRST READING ORDINANCE: AMEND 11000 TEXT, SSCTION 618, TO INTRODUCE AND MAKE PROVISIONS FOR NEW MINIMUM LOT SIZE OVERLAY DISTRICT (REQUIRING MINIMUM LOT SIZE OF 20,000 SQUARE FEET), ENTITLED SD-18.1. (Applicant: Planning, Building & Zoning Dept.) ORDINANCE FIRST READING 2/23/95 33-38 J 17. (A) FIRST READING ORDINANCE: ORDINANCE 38-52 AMEND 11000 ATLAS -- (1) DELETE FIRST SD-18 (MINIMUM LOT SIZE OVERLAY READING DISTRICT) AND SUBSTITUTE SD-18.1 2/23/95 (MINIMUM LOT SIZE OVERLAY DISTRICT) TO CERTAIN PROPERTIES IN COCONUT GROVE -- REQUIRE MINIMUM LOT SIZE OF 20,000 SQUARE FEET FOR: (a) LOTS CURRENTLY ZONED R-1 SINGLE-FAMILY RESIDENTIAL (WITH SD-18 OVERLAY, MINIMUM 20,000 SQUARE FEET) LOCATED WITHIN AREA GENERALLY BOUNDED BY S.W. 22 AVENUE (WEST), NATOMA STREET (EAST), U.S. 1 (SOUTH DIXIE HIGHWAY) (NORTH), AND TIGERTAIL AVENUE (SOUTH); (b) LOTS CURRENTLY ZONED R-1 SINGLE- FAMILY RESIDENTIAL (WITH SD-18 OVERLAY, MINIMUM 20,000 SQUARE FEET) WITHIN AREA BOUNDED BY THE RICKENBACKER CAUSEWAY AND FEDERAL HIGHWAY (EAST), VIZCAYA MUSEUM AND GARDENS (WEST), SOUTH MIAMI AVENUE (NORTH), AND BISCAYNE BAY (SOUTH); AND (c) LOTS CURRENTLY - ZONED R-1 SINGLE-FAMILY RESIDENTIAL - (MINIMUM_ _20,000, SQUARE FEET) IN AREA.BOUNDED BY S.W. 27-AV8NUE (WEST), HALLISSE£ _STREET_- (EAST); TIGERTAIL AVENUE _ (NORTH), AND SOUTH BAYSHORE"DRIVE ( SOUTH-) ; _-- AND (2) __ ADD SD-1-8. 1 MINIMUM LOT-SIZ_t OVERLAY DISTRICT_ (MINIMUM- LOT SIZE"- 20., 000- SQUARE "- _FEET) -FOR -UNPLATTED ;' PARCEL CURRENTLY ZONED R-1 SINGLE-FAMILY RESIDENTIAL (MINIMUM 20,000 SQUARE FEET) IN AREA BOUNDED BY S.W. 27 AVENUE (WEST), RICKENBACKER CAUSEWAY AND FEDERAL HIGH (EAST), U.S. 1 (SOUTH DIXIE HIGHWAY) (NORTH), AND BISCAYNE BAY (SOUTH). (Applicant: Planning, Building & Zoning Dept.) (B) DISCUSSION CONCERNING POSSIBLE CONFLICT OF INTEREST CONCERNING TUCKER GIBBS, CHAIRMAN OF PLANNING ADVISORY BOARD REPRESENTING CLIENTS IN THE CITY OF MIAMI ON PLANNING AND ZONING ITEMS. 18. (A) DISCUSS AND CONTINUE (TO MARCH 9TH MEETING) CONSIDERATION OF PROPOSED RESOLUTION CONCERNING SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL TO ALLOW INSTALLATION OF DRIVE-IN FACILITIES AT A FINANCIAL INSTITUTION LOCATED AT 102 N.W. 37 AVENUE (C-1 RESTRICTED COMMERCIAL, PERMITTED PRINCIPAL USES). (Applicant: S.E.S. Investment, Inc.) (B) DISCUSS AND CONTINUE (TO MARCH 9TH MEETING) CONSIDERATION OF PROPOSED RESOLUTION CONCERNING SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL TO ALLOW A DRIVE -THROUGH FINANCIAL INSTITUTION WITH A REDUCTION OF RESERVOIR SPACES AT 102 N.W. 37 AVENUE. (Applicant: S.E.S. Investment, Inc.) 19. DIRECT ADMINISTRATION TO HOLD A COMMUNITY MEETING FOR NEIGHBORS OF PROPERTY (CURRENTLY THE SALVATION ARMY BUILDING) AT 250 N.W. SOUTH RIVER DRIVE, TO RESOLVE THEIR DIFFERENCES IN CONNECTION WITH PROPOSED FACILITY AT SAID ADDRESS -- INSTRUCT ADMINISTRATION TO SCHEDULE THIS ITEM AT COMMISSION MEETING OF MARCH 23, 1995. (Applicant: Salvation Army, owner / Northwest Dade Center, Inc., buyer.) [KW: homeless shelter, mental health clinic, town hall, townhall, transitional housing) DISCUSSION 2/23/95 M 95-149 2/23/95 52-55 20. (A) REVOKE VARIANCE GRANTED, PURSUANT TO RESOLUTIONS 91-92, 91-779 & 92-268 -- APPROVE RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS FOR PROPERTY AT 1801-1859 BISCAYNE BOULEVARD -- DIRECT ADMINISTRATION TO DEMOLISH BUILDING AT SAID ADDRESS -- FUND DEMOLITION FROM $250,000 CASH BOND POSTED BY MIAMI CHINESE COMMUNITY CENTER, LTD. (MCCCL), AND RETURN BALANCE TO MCCCL. (B) DISCUSS REQUEST FOR REFUND OF BUILDING PERMIT FEES (LESS 30%), TOTALLING $20,884.15 IN CONNECTION WITH PROPERTY AT 1801- 1859 BISCAYNE BOULEVARD. (Applicant: Miami Chinese Community Center, Ltd.) 21. CONTINUE AGENDA PZ-24 (PERSONAL APPEARANCE: REPRESENTATIVE OF MIAMI CHINESE COMMUNITY CENTER TO REQUEST REFUND OF BUILDING PERMIT FEES, LESS 30%, FOR PERMIT NOS. 92-0006777, 91-0020432 AND 92- 0006758, TOTALLING $20,884.15 FOR PROPERTY AT 1801-1859 BISCAYNE BOULEVARD). 22. FIRST READING ORDINANCE: AMEND 11000 TEXT -- AMEND R-2 TWO- FAMILY RESIDENTIAL ZONING DISTRICT IN ORDER TO DELETE PROVISION ALLOWING FOR LOTS WITH MORE THAN 5,000 SQUARE FEET, ONE ADDITIONAL DWELLING UNIT FOR EACH 2,500 SQUARE FEET, BY SPECIAL EXCEPTION ONLY. (Applicant: Planning, Building & Zoning Dept.) R 95-150 2/23/95 DISCUSSION 2/23/95 ORDINANCE FIRST READING 2/23/95 82-84 23. DISCUSSION CONCERNING VENDING DISCUSSION 84-86 OUTSIDE MIAMI ARENA -- REFER TO 2/23/95 CITY MANAGER. 24. RATIFY MANAGER'S EMERGENCY ACTION R 95-151 86-87 IN WAIVING REQUIREMENT FOR 2/23/95 COMPETITIVE SEALED BIDS FOR PROCUREMENT OF ROOF REPAIR SERVICES TO VIRRICK PARK POOL BUILDING -- BY J. VALIENTE ROOFING, INC. -- ALLOCATE $38,141 FROM 18TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, PROJECT: GRAND AVENUE PARK RENOVATIONS (CIP 331316: VIRRICK PARK RENOVATIONS) -- AUTHORIZE AMENDMENT TO APPROVED U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 18TH YEAR CDBG FINAL STATEMENT. 25. DISCUSSION CONCERNING LIONS HOME DISCUSSION 87-88 FOR THE BLIND. 2/23/95 26. GRANT REQUEST BY MS. BARBARA M 95-152 88-92 BONEY TO ALLOW EXTENSION OF TIME 2/23/95 FOR THE TRAILER PRESENTLY LOCATED AT 370 THOMAS AVENUE IN COCONUT GROVE TO REMAIN AT SAID SITE UNTIL JULY 4, 1995. - 27. VICE MAYOR PLUMMER INSTRUCTS DISCUSSION 92 ADMINISTRATION TO REMOVE WRECKED 2/23/95 VEHICLES FROM ROADS. 28. MAYOR CLARK URGES COMMISSIONERS DISCUSSION 93 TO CONTACT SENATORS AND 2/23/95 REPRESENTATIVES CONCERNING SUMMER YOUTH JOBS PROGRAM WHICH IS NOT RECEIVING FEDERAL FUNDING THIS YEAR. 29. AUTHORIZE PLACEMENT OF STATUE OF R 95-153 93-94 PONCE DE LEON TO THE LEFT OF THE 2/23/95 TORCH OF FRIENDSHIP IN MILDRED & CLAUDE PEPPER BAYFRONT PARK PRIOR TO MAY 25, 1995. 30. EXPRESS SYMPATHY AND CONDOLENCES R 95-154 94-95 TO FAMILY AND FRIENDS OF JACK 2/23/95 WEISS. 31. DISCUSSION CONCERNING VOTING DISCUSSION 96-99 PROCEDURES FOR UPCOMING CORAL 2/23/95 GATE NEIGHBORHOOD ELECTION IN CONNECTION WITH ERECTION OF PERMANENT BARRICADES. ,Fj MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 23rd day of February, 1995, 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 3:09 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: Mayor Stephen P. Clark Vice Mayor J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Miller J. Dawkins ALSO PRESENT: Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk ABSENT: Commissioner Victor De Yurre An invocation was delivered by Mayor Clark who then led those present in a pledge of allegiance to the flag. (VOTE FOR THE RECORD: Commissioner De Yurre calls to say e is detained in tra ic. ---------------------------------------------------------------------------------------------------------------- 1. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 3015-3017 S.W. 22 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Celia Rau, owner & Amancio Suarez, buyer.) ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Mr. Mayor, if it's in accord, I'll move, and Willy Gort will second items 1 through 6, if you want to go through the mechanics. Mayor Clark: All right. 1 February 23, 1995 Mr. Cesar Odio (City Manager): What is 1 through 6? Vice Mayor Plummer: One through 6, Zoning items. This is second reading. Ms. Lourdes Slazyk: Yeah, PZ-1 through 6. Commissioner Gort: They're all second readings. Vice Mayor Plummer: They're all second readings. They're all the same applicant, and they've all been approved prior. Ms. Slazyk: Right. There's only one... Ms. Lucia Dougherty: The Administration has asked that I put something on the record. Mayor Clark: Please, one at a time. Vice Mayor Plummer: I'm sorry. I said PZ-1 through 6, not number 1. Mr. Odio: Number 1 is withdrawn. Vice Mayor Plummer: Withdrawn is gone. Mr. Sergio Rodriguez (Assistant City Manager): In relation to item PZ-1 through PZ-6, there was a covenant that was going to be proffered, I believe, by the applicant. Ms. Dougherty: Yes. I'd like to make a clarification. The Administration has asked me to clarify that the covenant release is subject to the commencement of construction, which would begin from the time the Commission approves the comprehensive plan amendments, after final reading and adoption, pursuant to 163, for the properties located at 3015 through 17 Southwest 22nd Terrace, and 3001 and 3019 through 21 Southwest 22nd Terrace. Clearly, Lots 23, 24 and 25, Block 2, amended plat of Miami Sub -Urban Acres. Because remember, this is a rezoning of several parcels. That covenant release only dealt with certain properties, and therefore, your commencement of construction condition only related to the Amancio Suarez properties, and not to the Cossentino properties. So we wanted to make that for a clarification of the record. Vice Mayor Plummer: Is that agreeable with the Administration? Mr. Rodriguez: Right. And also, I want to make sure that I reflect the language that you had last time, in which you were making sure that the language about buffer and landscaping also were left in the covenant. Vice Mayor Plummer: That's correct. Mayor Clark: Do you agree with that? Ms. Dougherty: We agree. Vice Mayor Plummer: Yep. Mayor Clark: All right. Vice Mayor Plummer: And what was the amount of time they had in which they must commence construction? 2 February 23, 1995 j, Mr. Rodriguez: One year. Vice Mayor Plummer: And if not, it automatically reverts back. Mr. Rodriguez: Well, it was left... Vice Mayor Plummer: Or the variances are null and void. Mr. Rodriguez: No. Ms. Dougherty: No. The covenant would then not be released. That's the condition. Ms. Miriam Maer (Chief Assistant City Attorney): The release of the covenant would become ineffective. The release would be subject to the construction commencing one year from the date that... Vice Mayor Plummer: If it doesn't start within one year, what happens? Ms. Maer: The original modification of the covenant becomes effective once again. Mr. Rodriguez: Which is more limiting. Vice Mayor Plummer: OK. That's fine. Ms. Dougherty: And this condition will be put right in the release itself. — Vice Mayor Plummer: Fine with me. Ms. Dougherty: Thank you. Vice Mayor Plummer: Start reading. Let's go. Mayor Clark: It's been moved and seconded. Call the roll. Ms. Slazyk: PZ... Vice Mayor Plummer: All the way through. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN, FOR THE PROPERTY LOCATED AT 3015-17 SOUTHWEST 22 TERRACE, BY CHANGING THE LAND USE DESIGNATION FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 3 February 23, 1995 passed on its first reading, by title, at the meeting of February 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11222. The City Attorney read the ordinance into the public record and announced the t copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 2. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 3015-3017 S.W. 22 TERRACE FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Celia Rau, owner & Amancio Suarez, buyer.) Mayor Clark: Now, we're on PZ-7, is that it, or do we have to go through all of the five? Ms. Miriam Maer (Chief Assistant City Attorney): PZ-2. Vice Mayor Plummer: PZ-2. Mayor Clark: PZ-2? Commissioner Gort: No, she's got to go one by one, Mr. Mayor. Mayor Clark: OK. PZ-2. Call the roll. 4 February 23, 1995 An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3015-3017 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of February 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11223. 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. 5 February 23, 1995 ------------------------------------- 7-------------------------------------------------------------------------- 3. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 3001 & 3019-3021 S.W. 22 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Amancio Suarez, Challenger Investments, Inc.) Mayor Clark: Item 3. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTIES LOCATED AT 3001 AND 3019-3021 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, BY CHANGING THE LAND USE DESIGNATION FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; 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 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: - AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11224. 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. 6 February 23, 1995 ---------------------------------------------------------------------------------------------------------------- 4. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 3001 & 3019-3021 S.W. 22 AVENUE FROM R-2 TWO- FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Amancio Suarez, Challenger Investments, Inc.) Mayor Clark: Item 4. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3001 AND 3019-21 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of February 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final — reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11225. 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. 7 February 23, 1995 ---------------------------- ------------------------------ ------------------------------------------------------ 5. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 3023-3025-3027-3031- 3033 S.W. 22 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Ana & Nicola Cossentino.) Mayor Clark: Item 5. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTIES LOCATED AT 3023-3025, 3027 AND 3031-3033 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, BY CHANGING THE LAND USE DESIGNATION FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; 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 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, 'the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11226. 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. 8 February 23, 1995 ---------------------------------------------------------------------------------------------------------------- 6. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 3023-25-27-31-33 S.W. 32 TERRACE FROM R-2 TWO- FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Nicola & Ana Cossentino.) --------------------------------------------------------------------------------------------------------- Mayor Clark: Item 6. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3023-25-27-31-33 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of February 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final — reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11227. 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. 9 February 23, 1995 ---------------------------------------------------------------------------------------------------------------- 7. DISCUSS AND CONTINUE (TO MARCH 23RD MEETING) CONSIDERATION OF PROPOSED RESOLUTION TO OFFICIALLY CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC USE OF S.W. 16 ROAD ADJACENT TO SIMPSON PARK. (Applicant: Public Works Department.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: PZ-7. Vice Mayor Plummer: Move it. Commissioner Dawkins: Seven, hold it, hold it. I move that this be deferred. I asked before that before we close any streets, vacate any alleys, that I be provided with them so we can go and see them. And I understand we've done this before, but just like we allowed people to put up barricades, we're going to have to let everybody put up a barricade. And if you're going to let people vacate alleys and streets, you need to start on 50th Street where I live, where you no longer let the people go down the alley to pick up the garbage, and vacate every alley from 50th Street to 54th Street, so that I can take half of the alley, and add it to my property, and put whatever I want to put in the back yard. So I feel that until I can visualize these, and we can come up with some comprehensive way of taking this closure by closure, establish some kind of rules and regulations to do this by, so everybody will not be grandfathered in. I just move that this be deferred until a later date. Mayor Clark: Is there a second? Vice Mayor Plummer: Well, Mr. Mayor, I made a motion to approve. I have long steadfast been one that says that if a Commissioner doesn't feel that he is properly informed to vote at this time, that it should be, and I'm in a position where 1 have to vote for that. If he wants one deferment, I will vote for one deferment, for he has the right to go out... I've already been there, and I've already looked at it, and I'm satisfied, for my vote. But if one of my colleagues is not satisfied, then I must vote to allow him to go do that, and I would second his motion to defer until and for only one meeting. That's all. Commissioner Dawkins: OK. Before we do that, J.I.,., let's find out from staff, because staff says that... I mean, I was told that there's a time limitation on this. Is that a fact? Mr. Jim Kay: Well, there is a time limitation of one year from the time the plat begins to the time it has to be approved by the City Commission. Commissioner Dawkins: So it hasn't been a year since it was approved? Mr. Kay: Not yet, no, sir. Commissioner Dawkins: OK. So... Vice Mayor Plummer: You want to do that? Commissioner Dawkins: All right. Give me one month. Vice Mayor Plummer: You want to do that, or do you want to approve it subject to you having a 72-hour... 10 February 23, 1995 Commissioner Dawkins: Well, I'd rather go out and see it, and then we bring it back at the next meeting. Vice Mayor Plummer: All right, sir. one more meeting. That's fine. Commissioner Dawkins: OK. Thank you. Mayor Clark: One meeting. Mr. Sergio Rodriguez (Assistant City Manager): So this item is continued to the meeting of March the 9th? Vice Mayor Plummer: That's... No. He said a month. Give him a month. That would be the 23rd. Mr. Rodriguez: Excuse me, March 23rd. Commissioner Gort: March 23rd. Vice Mayor Plummer: First item on the agenda. Mr. Manuel Gonzalez-Goenaga: May I be heard? Commissioner Gort: Mr. Mayor... Vice Mayor Plummer: Is it only on the deferment? Mayor Clark: This is an item to defer. There's no meeting... there's no hearing. There is no hearing. It's an item to defer, that's all. You want to speak on that? Mr. Gonzalez-Goenaga: To defer, yes, but I would like to... Mayor Clark: There's no action to be taken... Mr. Gonzalez-Goenaga: Today, but... Mayor Clark: It's either defer... Mr. Gonzalez-Goenaga: ... it's going to be held, a public hearing, to discuss the problem with Simpson Park and conflict of interest, and other matters. Mayor Clark: Not at this time. Mr. Gonzalez-�"Iroenaga: I am very well versed in the problems of Simpson Park. Mayor Clark: I'd stay out of Simpson Park. That's no place to be. Mr. Gonzalez-Goenaga: Hey, Plummer went. Vice Mayor Plummer: Me? In Simpson Park? Only when I was a kid. Mr. Gonzalez-Goenaga: Yeah, but I have never been arrested around there. Vice Mayor Plummer: Who, me? 11 February 23, 1995 Mr. Gonzalez-Goenaga: No, you haven't. Vice Mayor Plummer: Oh. Mr. Gonzalez-Goenaga: I know many prominent people who have been arrested for lascivious behavior there. So maybe... Mayor Clark: Well, that may be, but that's not part of this hearing. It has nothing to do with this hearing. Mr. Gonzalez-Goenaga: Indirectly, yes, because it has to... The Simpson Park first... Mayor Clark: Mr. Manolo Gonzalez-Goenaga, I can tell you this. Mr. Gonzalez-Goenaga: In the future. Mayor Clark: There is no discussion on this item. Mr. Gonzalez-Goenaga: It's deferred. NOTE FOR THE RECORD: At this point, Commissioner De Yurre entered the meeting at 3:21 p.m. Mayor Clark: It's a motion to defer for one month. What date? Mr. Rodriguez: March 23rd. Mayor Clark: March 23rd. Seconded. Call the roll, Madam Clerk. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: May I discuss? Mayor Clark: Yes, sir. I'm sorry. Commissioner Gort: OK. I think Dawkins is bringing a point, that maybe should order our Planning Department not to deal with this, because as he brought up, there's many alleys that were not being used, and I think that could be additional funding that could be received by the City. My understanding, and the experience that I had when I was a member of the Zoning Board, a lot of those closings were taken into consideration, and people would pay to the City for it. At the same time, it's an opportunity to put this land back on the tax rolls. So I think if the idea is to go ahead and study all the alleys that we have throughout the City, and see what we can do, I don't have any problem with that. Vice Mayor Plummer: Well, this is a little bit different than an alley. Commissioner Gort: Well, I know this is different. I mean, I see this, I'm ready to move on this today, but you guys want to defer it. Fine. 12 February 23, 1995 Vice Mayor Plummer: Well, so was I prepared. I went there, but my colleague did not have that opportunity, and as such, I've always voted for my colleagues to go, as they have for me, when I've asked to be able to go and look at it, and make sure that I know what I'm voting on. So I can't vote against that. Mayor Clark: All right. The motion to defer has been on the floor, it's been moved and seconded. Again, call the roll. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY VICE MAYOR PLUMMER, ITEM PZ-7 WAS CONTINUED TO MARCH 23, 1995 AS THE FIRST TIEM ON SAID AGENDA BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Until March the 23rd. Ms. Matty Hirai (City Clerk): Yes, sir. Vice Mayor Plummer: First item. Mayor Clark: Yes. ---------------------------------------------------------------------------------------------------------------- 8. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 2474 S.W. 27 TERRACE FROM R-1 SINGLE-FAMILY RESIDENTIAL TO O-OFFICE. (Applicant: Stephen D. & Elaine H. Pearson.) Mayor Clark: Next item, please. Vice Mayor Plummer: Number 8. Ms. Lourdes Slazyk: PZs 8 and 9 are changes of zoning for 2474 Southwest 27th Terrace. These are second reading. You've already approved the accompanying change of land use. On this item, we were waiting for a proffered covenant to limit the height to 25 feet, and that has been submitted by the applicant to the Law Department, and is... will probably be recorded shortly. Vice Mayor Plummer: I only have one question, Mr. Mayor. Mayor Clark: Yes, sir. 13 February 23, 1995 Vice Mayor Plummer: On item 11, the Planning Advisory Board recommended denial. Do you know what reason that was that they... It was obviously something there that they didn't like, and I'd like to know if you remember what it was. Commissioner Gort: But this doesn't have anything to do with that. We're not in 10. Mr. Sergio Rodriguez (Assistant City Manager): PZ-8. Ms. Slazyk: We're on 8. Vice Mayor Plummer: I'm sorry, it's PZ-11. I'm sorry. Commissioner Gort: So move. Commissioner Dawkins: On PZ-8, Mr. Mayor. Ms. Slazyk: Eight and 9 are second reading. Mayor Clark: Yes, sir. Commissioner Dawkins: On PZ-8, the Administration recommends denial. Now, you come up here and tell me we don't have anything wrong with it. And right here, on my fact sheet, it says... Mr. Rodriguez: Right. Ms. Slazyk: Right. Commissioner Dawkins: ... Planning, Building and Zoning recommends denial. Public Works, no comment. Then you tell me we got no problem with it? Ms. Slazyk: Well, we... This came to you already for first reading. We recommended denial, because this is a change from commercial to residential, within a residential area. But at the last Commission meeting, you voted approval on this, because the applicant proffered a covenant, and we put the SD-19 overlay on him, limiting his F.A.R. (floor/area ratio). So with his covenant, a 25-foot height restriction, and limited F.A.R. to .5, the Commission felt that it was an appropriate safeguard for the neighborhood. Vice Mayor Plummer: The Commission or the Department? Mr. Rodriguez: The Commission. But also, you asked us on the record, if we were to put a limitation on the height, and a floor/area ratio, and we said yes, at that point, we have no objection, and based on that, I believe you made your decision. Vice Mayor Plummer: There was also, if I recall, something, a covenant to be given, that he would not exceed... Mr. Rodriguez: Twenty-five feet. Commissioner Gort: Twenty-five feet in height. Ms. Slazyk: Twenty-five foot height, right. And he did that. 14 February 23, 1995 4,&, Vice Mayor Plummer: OK. That's fine, which was their concern about a second floor. Ms. Slazyk: Right. Vice Mayor Plummer: More than a second floor. Mayor Clark: Is there other input to the floor? Commissioner Gort: I move it, Mr. Mayor. Vice Mayor Plummer: Second. Mayor Clark: All right. Call the roll. Got to read the ordinance? Call the roll, Madam Clerk. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE-FAMILY RESIDENTIAL TO O-OFFICE FOR THE PROPERTY LOCATED AT 2474 SOUTHWEST 27FH TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 43 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. _ passed on its first reading, by title, at the meeting of February 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Vice Mayor Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11228. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 15 February 23, 1995 ---------------------------------------------------------------------------------------------------------------- 9. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 2474 S.W. 27 TERRACE BY ADDING SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT AND DESIGNATING AN F.A.R. OF 0.5 TO SUBJECT PROPERTY. (Applicant: Planning, Building & Zoning Dept.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Next item. Vice Mayor Plummer: Nine. Mayor Clark: All right. Motion and a second? Commissioner Gort: Move it. Vice Mayor Plummer: Second. Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS FOR THE PROPERTY LOCATED AT 2474 SOUTHWEST 27TH TERRACE BY ADDING THE SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT AND DESIGNATING AN F.A.R. OF "0.5" TO THE SUBJECT PROPERTY; 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 February 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Vice Mayor Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11229. 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. 16 February 23, 1995 ------------------------------------------------------ -......... ------------------------------------------------ 10. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 4101 N.W. 11 STREET & 1135-1145 N.W. 41 AVENUE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL. (Applicant: Ronald Pellitero, for Pell / Cruz Investments, Inc.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Next item, 10. Ms. Lourdes Slazyk: OK. PZs 10 and 11 are companion zoning and land use amendments for the property located at 4101 Northwest llth Street, and 1135 through 45 Northwest 41st Avenue. Vice Mayor Plummer: What do they intend to do there? Ms. Slazyk: This is a land use and zoning, so they don't have to show us plans, but they have, on the record, at the previous Zoning Board... Vice Mayor Plummer: And we don't have to approve it, either. Ms. Slazyk: No. They want to do a hotel. They want to change from medium density _ residential to C-2, so they could do a hotel use. This is right by the Marriott, right behind, just south of where the Marriott is. They intend to do a hotel, and that's not allowed in R-3. They will need a special exception to do that hotel, once they get this land use and zoning change. Mayor Clark: The Board has recommended approval, Planning and Zoning Board? Ms. Slazyk: Right. The Planning Advisory Board recommended denial. The Zoning Board recommended approval, and staff has recommended approval. The Planning Advisory Board has gone on the record that they're opposed to these piecemeal changes. They would prefer we do area -wide studies and amend large pieces at one time, instead of doing them piecemeal. Vice Mayor Plummer: And I agree with that. Ms. Slazyk: Right. The problem is that we have to respond to an application as it comes in. We can't tell this person... Mayor Clark: Let's go ahead with it, now. Ms. Slazyk:... "Withdraw your application and wait for the Department to do a study." Vice Mayor Plummer: Well, what we can do is deny it. Ms. Slazyk: Yes, we can, but in this case... Vice Mayor Plummer: OK. We can defer it or deny it. Let me tell you the problem that I see, and I've been around, I guess, too long, and seen too many of these things happen adversely. They say what they say. They don't do what they do. And what I mean is, they tell you what they're going to do, and that they're going to do... and they never get finished, and they chop it up in little pieces, and the big piece that they promised from the beginning never happens. 17 February 23, 1995 11 Mr. Sergio Rodriguez (Assistant City Manager): Commissioner, if I may. If you look at your map on Page 7 of PZ-10... Vice Mayor Plummer: Yeah. Mr. Rodriguez: ... you will see that the area that is shaded is immediately adjacent to an area which is already used for commercial. It's adjacent to the hotel property and to the service station. Vice Mayor Plummer: Why... Mr. Rodriguez: That's we we're recommending for... Vice Mayor Plummer: Why didn't they come in and do it all at one time? Mr. Rodriguez: Because it's a different property owner. These are different property owners at this point. You see there are different parcels. The big one is Marriott, and then there are other parcels. The owners of these two parcels are now wanting to develop themselves their property in a commercial use, and that's why they're seeking a change of plan amendment, and also, a change of zoning. By the way, on the Zoning recommendation, it recommended approval, minus one foot in the buffer zone. Ms. Slazyk: Because it's residential adjacent. Mr. Rodriguez: It's residential adjacent, yeah. Mayor Clark: Is there an objection on this? Staff recommends it? What's the pleasure of the Commission? Commissioner Gort: Let me ask a question. This is not the same owner of the present operation there? Vice Mayor Plummer: No. This is a filling station. Commissioner Gort: This is a different application. This is the only piece that they own, or they... What other property do those people own there? Ms. Slazyk: I believe the applicant could answer. Commissioner Gort: OK. Mayor Clark: Yes, ma'am, your name, for the record. Ms. Adelaida Fernandez-Fraga: Adelaida Fernandez-Fraga, 3191 Coral Way, Suite 1005, for the applicant, Pell/Cruz. Vice Mayor Plummer: Are you the attorney or the owner? Ms. Fernandez-Fraga: I am the attorney for the owners, yeah. Vice Mayor Plummer: Are you a registered lobbyist? Ms. Fernandez-Fraga: Yes, sir. 18 February 23, 1995 Vice Mayor Plummer: Have you been sworn in? Ms. Fernandez-Fraga: Not at this meeting, sir. Vice Mayor Plummer: I'm sorry? Ms. Fernandez-Fraga: Not at this meeting. Commissioner Gort: Not yet. Vice Mayor Plummer: Oh, not yet. OK. She has to be sworn. Mayor Clark: Anyone else who's going to testify? All right. Swear the lady in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Clark: All right. Yes, ma'am, proceed. Commissioner Dawkins: Pull the mike to you, ma'am, please. Ms. Fernandez-Fraga: Sorry. In answer to your question, the applicant only owns the three legal descriptions that are being requested here for change of zoning. Vice Mayor Plummer: See, they're not the ones on LeJeune. This is backtracking into there. That's what bothers me. I'm sorry. You go ahead. Ms. Fernandez-Fraga: In order to allay, perhaps, Commissioner Plummer, some of your concerns, and in order to allay the concerns of the property owner adjacent to us to the east, we had promised to proffer a voluntary covenant limiting or restricting the use of the property so as to not... so as to prohibit ourselves from using it as either... a list that I have here, and I'll be glad to read for you, of the more liberal permitted zonings in here, including mortuary or funeral home, coin operator, dry cleaning facilities, dancing or live entertainment, retail sale of automobiles or motorcycles, drive -through facilities, automobile service stations, bars, saloons, taverns, supper clubs and nightclubs, ambulance service, helistops, automobile repair, repair garages, repair of heavy equipment, no paint or repair services, no rescue missions, flea market, no adult entertainment, no heavy equipment sales, no tattoo parlors, no warehousing. It will be proffered in a voluntary covenant, and we have already amended our application to delete from the application the east one -foot strip, so as to allay staff's concerns. Mayor Clark: You have that, Sergio, the one foot? Mr. Rodriguez: I'm sorry, sir. Mayor Clark: You have the one foot that she speaks about, as amending the application? Mr. Rodriguez: Right. She says she amended the application. Yeah. Mayor Clark: They own no property, so what's the pleasure of the Commission? Vice Mayor Plummer: Mr. Mayor... Willy, go ahead. I'm sorry. 19 February 23, 1995 Commissioner Gort: My understanding is, this is a covenant that you will not use the uses you mentioned? Ms. Fernandez-Fraga: Yes. Exactly. Commissioner Gort: And there's a covenant that will be part of this application, so what... Ms. Slazyk: Right, she's proffering. Mr. Rodriguez: She's proffering. Commissioner Gort: OK. Mr. Rodriguez: Between the first and second reading. Commissioner Gort: What are they going to be able to use? Is this first reading? Mr. Rodriguez: This is first reading. Ms. Slazyk: Right. Commissioner Gort: Move it. Mayor Clark: Is there a second? Ms. Miriam Maer: May I ask, please, what the... which boundary line, the one -foot strip? Commissioner Gort: East. Ms. Fernandez-Fraga: East. Ms. Maer: East boundary line. Thank you. Vice Mayor Plummer: Mr. Mayor, I... Did you get a second? Because I'm going to... Mayor Clark: Yes, yes, it's a second. Vice Mayor Plummer: OK. I'm voting against it, Mr. Mayor, and let me tell you why. I don't know of a worse intersection in this community than that intersection right there at LeJeune and 11th Street. It is clogged, unbelievable at this time. This is not even the lot that is on LeJeune Road. This is the one that is behind the filling station. And I just don't see that they can stand another hotel in that area. They can't stand any more congestion. And I think... Mayor Clark: Sergio, from your vantage point, do you recommend this? Mr. Rodriguez: We recommend it, sir. Vice Mayor Plummer: I... Hey... Mayor Clark: That's with the covenant. All right. Vice Mayor Plummer: He's entitled to his opinion, and so am I. I just think it's too much for that particular intersection. 20 February 23, 1995 Mayor Clark: You have to read anything into the record, Madam Clerk? Ms. Matty Hirai (City Clerk): Yes, sir. Mayor Clark: Must you read something into the record? Call the roll, Madam Clerk. An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTY LOCATED AT 4101 NORTHWEST 11TH STREET AND 1135-1145 NORTHWEST 41ST AVENUE, BY CHANGING THE LAND USE DESIGNATION FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort, seconded by Commissioner De Yurre, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Mayor Stephen P. Clark _ NAYS: Vice Mayor 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. COMMENTS MADE DURING ROLL CALL: Commissioner Gort: First reading, since it's first reading, and we have a chance to put... You're going to come back with some covenants in there, and also, some plans, I hope. And my understanding is that the land available what they can build on there is minimal. It's nothing very large that they can build, compared to the land on the part that they'd have to provide. And the existing right now, you got at least about 18 apartments in there, which creates a lot of traffic. For those reasons, I vote yes. 21 February 23, 1995 11. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 4101 N.W. 11 STREET & 1135-1145 N.W. 41 AVENUE FROM R-3 MULTI -FAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL. (Applicant: Ronald Pellitero, for Pell / Cruz Investments, Inc.) Mayor Clark: Item... On 11, same thing. Call the roll. An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTI -FAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 4101 NORTHWEST 11TH STREET AND 1135-1145 NORTHWEST 41ST AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 27 OF SAID ZONING ATLAS; CONTAINING A_ REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort, seconded by Commissioner De Yurre, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Mayor Stephen P. Clark NAYS: Vice Mayor 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. COMMENTS MADE DURING ROLL CALL: Vice Mayor Plummer: For the same reasons stated previously, I vote no. Commissioner Gort: For the same reasons, I vote yes. COMMENTS MADE DURING ROLL CALL: Ms. Fernandez-Fraga: Thank you very much. 22 February 23, 1995 12. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 2720-28-40 S.W. 6 STREET & 2725-35-45 S.W. 7 STREET FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Miami -Dade Community College.) Mayor Clark: Item number 12. Ms. Lourdes Slazyk: PZs 12 and 13 are accompanying land use and zoning change items for the Miami -Dade Community College property at 2720 through 40 Southwest 6th Street, and 2725 through 45 Southwest 7th Street. This has been recommended for approval by Zoning Board, Planning Advisory Board, and the Department. This is a logical extension of the commercial district into the subject property. We recommend approval. Mayor Clark: All right. For the record, please, your name. Mr. Jeffrey Bercow: Thank you. Mr. Mayor and Commissioners, my name is Jeffrey Bercow. I'm an attorney with the law firm of Stroock, and Stroock and Levan, 200 South Biscayne Boulevard. Vice Mayor Plummer: Are there any objectors, Mr. Mayor? Mayor Clark: I don't know. Find out. Mr. Bercow: I don't think so. Mayor Clark: Are there any objectors present? Vice Mayor Plummer: I move PZ-12. Mayor Clark: Please, just a moment. Vice Mayor Plummer: Oh, I'm... Mayor Clark: J.L., you're talking about a congestion of traffic, don't ever go by this corner, because you can't get by. But go ahead, Mr. Bercow. Vice Mayor Plummer: It's on the other side, Mr. Mayor. Mayor Clark: Go ahead. Mr. Bercow: Mr. Mayor, do you wish to hear a presentation on this? Mayor Clark: I don't think you need that. Mr.... I get a report here from the lady. Ms. Slazyk: Right. We recommend approval. The City's comprehensive plan encourages commercial development within existing commercial corridors, and we recommend approval, as did the Zoning Board and Planning Advisory Board. Vice Mayor Plummer: The congestion is on 6th Street, Steve, on 6th Street, Oh, 7th Street is not part of this, though. 23 February 23, 1995 1 Mayor Clark: I know, but that... Vice Mayor Plummer: This is down at 5th Street. Commissioner Dawkins: Was there a second? Mayor Clark: Is there a second to that? Commissioner Gort: Yes, Mr. Mayor. I recall when I was on the Planning Board, this was one area that we recommended that staff go ahead and do a study, and do a comprehensive study of that area, and they came back and this is their recommendation. For that reason, I'll second the motion. Mayor Clark: All right. Read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN, FOR THE PROPERTY LOCATED AT 2720-28-40 SOUTHWEST 6TH STREET AND 2725-35-45 SOUTHWEST 7TH STREET, BY CHANGING THE LAND USE DESIGNATION FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND _ SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. 24 February 23, 1995 ---------------------------------------------------------------------------------------------------------------- 13. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 2720-28-40 S.W. 6 STREET & 2725-35-45 S.W. 7 STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Miami -Dade Community College.) Vice Mayor Plummer: Mr. Mayor, on 13, before we move on that, may I ask the Administration, looking at the map up on the wall, this is going to completely throw out of sync the zoning line of dedication. Ms. Lourdes Slazyk: The southern line is the C-1 already. Mayor Clark: It's that deep, yes, the southern line is that deep. Ms. Slazyk: Change the map. Vice Mayor Plummer: Put the other one back. That's the one I'm talking about there. It's going to deeper encroachment, so you're just going to be taking it straight down? In effect, though, you got to realize you're going to be encouraging the people to the north of there to do the same thing. And when you say you've done a study, has your study revealed that you should do the same thing all the way to Flagler Street? _ Ms. Slazyk: We didn't study all the way to Flagler Street but... Vice Mayor Plummer: Why didn't you? Ms. Slazyk: Well, we can do that. We can also exclude a one foot... Vice Mayor Plummer: I mean, you go down, you look... What is it, 1st Street or 2nd Street? Fifth, 4th, 3rd, 2nd Street, you have another indentation there. Mr. Sergio Rodriguez (Assistant City Manager): Part of the issue, Commissioner Plummer, is that when we look at the particular area, the uses that were already there in these particular sites are not the same ones that you will see, for example, along Southwest 6th, 5th or 4th Streets. And for that reason, the line, even when I agree with you, it doesn't go straight... Visually, it's OK, that goes straight. South, yeah. Vice Mayor Plummer: You know, you know that the people are going to be coming in and wanting the same thing. Now, why are you going to wait till they come in and then do the study? Because I thought you'd done the study, and I was asking had you already done it, but obviously, it's no. Mr. Rodriguez: But what I'm saying is that just because the line looks straight, better, sometimes in the particular site that you are looking in the block, doesn't make any sense. That's why we recommend it in the other cases. Mayor Clark: Do we have any objectors? Ms. Slazyk: Yeah. The blocks to the north have residential uses on those properties. 25 February 23, 1995 Vice Mayor Plummer: I'll move 13, Mr. Mayor. I'm just asking the question why they didn't do it. Mayor Clark: No objectors? Commissioner Gort: Second. Mayor Clark: Read the ordinance. Call the roll, please. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 2720-28-40 SOUTHWEST 6TH STREET, AND 2725-35-45 SOUTHWEST 7TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 33 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. ---------------------------------------------------------------------------------------------------------- 14. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 2190 S.W. 21 TERRACE FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: J.P. Loumiet, for EJL Partnership, owner & Hemisphere Bank, buyer.) Mayor Clark: Item 14. Ms. Lourdes Slazyk: PZs 14 and 15 are accompanying zoning and land use amendments for the property at 2190 Southwest 21st Terrace. The Planning, Building and Zoning Department recommends denial. This was recommended for denial by the Planning Advisory Board, and for approval by the Zoning Board. The Department is recommending denial, based on findings that 26 February 23, 1995 the increased density which would be created by this change is not consistent with the low density residential pattern existing in the area. This is behind the Coral Way commercial corridor, and that this change would allow commercial use to intrude into an existing residential neighborhood. Mayor Clark: What about west of there? Ms. Slazyk: What do you mean? Vice Mayor Plummer: West of there. Mayor Clark: Down at Radio Mambi? Ms. Slazyk: Yeah, south... Oh, south. On the... on those properties. Vice Mayor Plummer: That's 22nd. Ms. Slazyk: There, the commercial was already there. The commercial changes up and down that street were consistent with southern block... Mayor Clark: I'm not trying to give you the ninth degree, just... Ms. Slazyk: Yeah. And then... Vice Mayor Plummer: Well, the question 1 got to ask you, the last one was for a bank, and it _ encroached into a residential section pretty deeply, about three to four lots. This, as I understand, is adjacent and contiguous to commercial, to a bank. It's to be used for parking for a bank, and this one, you don't recommend. Mr. Sergio Rodriguez (Assistant City Manager): If you look at your map on Page 7 of the package, for PZ-14, it will be the first one in the lot. So that will establish a precedent all the way through. Vice Mayor Plummer: Does it take... May I ask this question? Does it take a change of zoning for parking? Ms. Slazyk: Yes. Vice Mayor Plummer: Or could they come in for a conditional use. Ms. Slazyk: Parking is not allowed in residential districts as a use. Vice Mayor Plummer: OK. Mayor Clark: Can they ask for a conditional use? Ms. Slazyk: Right. They could do... The only district that allows it over residential is an SD-12 district. It's a parking buffer overlay district, but they are not big enough. It requires 10,000 minimum lot size, so they would need to get two or three other properties down the street to get a large enough lot to be able to apply SD-12. 27 February 23, 1995 Mayor Clark: Everyone recommends against it? Ms. Slazyk: The Planning Advisory Board recommended adamantly against. I think they had a motion... Oh, yes, they had a motion four to three. First one member tried to approve, and I think his motion failed, and that constituted a denial. But the Zoning Board did recommend approval. Mayor Clark: Why doesn't the Planning Board get involved with the property across the street and tear that building down? It's an eyesore for... Fedders Drugstore. Vice Mayor Plummer: Boy, that is so true. The old Argentinian restaurant. Mayor Clark: That is terrible. Well, it's the old Fedders Drugstore -- when you were a kid. Vice Mayor Plummer: It's a crack house. Mr. Rodriguez: 2201 Coral Way. Ms. Slazyk: Yes. Mr. Rodriguez: I know the one by address. My latest information on that, because I asked precisely today on that one, is that they were granted another delay and... Vice Mayor Plummer: That's Code Enforcement. Mr. Rodriguez: No, it's not Code Enforcement. I think this was in court and now we are proceeding again with demolition permits. I asked them to give me an answer by tomorrow to see whether we can demolish next week again. Mayor Clark: Sergio, someone told me if they stay there long enough that will be a homeless center, and it will be grandfathered in, which it is now. Vice Mayor Plummer: If the termites unfold their arms it will fall, Mr. Mayor, so we'll pray for the termites. Mayor Clark: It's terrible. Well, the power poles are holding the building up, really and truly. Mr. Rodriguez: The building is deplorable. We have been fighting to try to demolish this and have been successfully taken to different boards -- the Unsafe Structures Board in the County -- in delaying it, legally. We have an order outstanding to demolish the building and maybe before the end of the century we will get it done. Mayor Clark: Are they paying taxes on that, now? Are they paying taxes on it, now? Mr. Rodriguez: Yes, they are paying taxes. Mayor Clark: Real property taxes? I don't know... Mr. Rodriguez: Yes. It's just that the taxes they are paying are limited because the building is in very bad condition. Mayor Clark: Try your best to expedite that. I live not too far from there and I'm afraid that creeping decay will get in. 28 February 23, 1995 Vice Mayor Plummer: That's our useless Code Enforcement Board. Mayor Clark: All right. Yes, ma'am, let's hear from you. Adrienne Friesner-Pardo, Esq.: Hello, my name is Adrienne Friesner-Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue. With me here today is Lucia Dougherty, also from my office. The owner of the property is here today, Mr. Juan Loumiet, and also we have with us here today... The subject property is under contract to sell with Hemisphere National Bank. With us, here, from Hemisphere National Bank is Mr. Tony Alonso, who is the chairman of the bank, as well as Mr. Ambrosio Rodriguez, who is the president of the bank, and we have the architect, as well, Mr. Rick Mora. I would like to explain the subject property. It is located at 2190 Southwest 21st Terrace. It is located directly behind Hemisphere National Bank. At the time that we filed this application, I also sent letters of the subject application to the Shenandoah West Little Havana's Homeowners' Association, as well as the Silver Bluff Homeowners' Association. I have been working with the homeowners' associations in order to come up with a project that would be acceptable to those homeowners' associations, since this property is within their neighborhood. The neighborhood recognizes that there is a very large parking problem within the area and that there is a need for additional parking, otherwise the cars are parking along the m-sidential area. Is it on, now? OK. I would like to describe... Mayor Clark: Let me ask you one question. Ms. Friesner-Pardo: Yes. Mayor Clark: You have the amount of parking necessary for the bank at the present time? Ms. Friesner-Pardo: We do. Mayor Clark: You're not doing this because you need it for the bank? Ms. Friesner-Pardo: No. The bank needs additional parking... Mayor Clark: To accommodate. i understand. Ms. Friesner-Pardo: ... to accommodate its customers. Mayor Clark: Because many people pull around that corner and they've abused the parking lot, because it's not policed out there, and then the people can't get in. Where are they going to park to go to the bank? Go ahead. Ms. Friesner-Pardo: So, the bank is doing it because they want to provide an additional service for their customers so they have additional parking. Mayor Clark: Good idea. Ms. Friesner-Pardo: From the beginning, like I said, I have been working with the homeowners' associations and we have submitted a covenant. I have given a copy to the City Attorney's office and I have a copy that I can give to each of you, as well. The covenant has certain restrictions in it. Number one is that there will be absolutely no access to 21st Terrace, which is where the neighborhood is located. Mayor Clark: Right. Ms. Friesner-Pardo: The only access into the parking area will be the existing access tha; the bank already has. 29 February 23, 1995 Mayor Clark: Is there an alley there? Ms. Friesner-Pardo: No, there is no need for an alley. Vice Mayor Plummer: Oh, yes, there is. Ms. Friesner-Pardo: Their properties back up to one another. Mayor Clark: All right. Ms. Friesner-Pardo: Also, the covenant provides that there is a use limitation on the subject property, and that is that it can only be used for this parking area. I met, many times, and I spoke, many times, with Mr. John Westbrook, who is the vice president of the Shenandoah West Little Havana's association, and we went over the site plan in great detail with our architect, as well. The neighborhood group wanted a certain number of oak trees located around the perimeter of the property, which we agreed to do. The neighborhood wanted a 17 foot buffer on the northern side, which we agreed to do, and there's a copy of the site plan attached to the covenant so that we can't make any changes to our site plan without the homeowners' associations' approval. There are various other items, such as the homeowners were putting a wall with metal pickets around the property. We didn't want a solid wall because we didn't want to encourage graffiti. So this way there will be some cement poles and then you will have some metal picket, you know, spikes going around it with landscaping. Also, I would just like to describe the subject area. Here's a picture of the subject property. Right here is 21st Terrace and along the westerly side is 22nd Avenue. 22nd Avenue is a four -lane road, just so you know. _ Currently, the property is zoned R-1 single family. However, directly across the street, which is this house right here, is a doctor's office, and you can see that there are parking spaces directly across the street for, like, eleven cars, for parking spaces for the doctor's office. Then, on the east side of the subject property, directly right next door is a Babor Beauty Clinic, which is a business as well. It has a certificate of use for Babor... Vice Mayor Plummer: Steve, are there objections? Mayor Clark: I asked... Excuse me, I asked for objectors, any objectors? Then we'll close the public hearing. Vice Mayor Plummer: Move it. Commissioner Gort: Let me ask you a question. Ms. Friesner-Pardo: Yes. Commissioner Gort: Two things. Can we live with one foot on the east side of it, to keep it from...? Ms. Friesner-Pardo: In my covenant we've... Commissioner Gort: Is that part of the covenant? Mr. Rodriguez: She's revised it. Ms. Friesner-Pardo: One foot on the east and one foot on the north. Commissioner Gort: Good. Second. 30 February 23, 1995 Mayor Clark: Right, read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR PROPERTY LOCATED AT 2190 SOUTHWEST 21ST TERRACE, BY CHANGING THE LAND USE DESIGNATION FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. --------------- -------------------------------------------------------------------------------- ----------------- 15. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 2190 S.W. 21 TERRACE FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: J.P. Loumiet, for EJL Partnership, owner & Hemisphere Bank, buyer.) ----------------------------------------------- ---------------------------------------------------------------- Mayor Clark: Item 15. Thank you, ma'am. Vice Mayor Plummer: Move it. Commissioner De Yurre: Second. Mayor Clark: Read it. Roll call. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.) Vice Mayor Plummer: Mr. Mayor, before we call the roll on that, you know... Mr. Rodriguez. Mr. Sergio Rodriguez (Assistant City Manager): Sir. 31 February 23, 1995 Vice Mayor Plummer: The Mayor brings out a point about the place across the street and, you know, I'm convinced that one of the reasons that place has never been able to succeed with anything is because it has no parking. Mayor Clark: No parking. Not one spot. Vice Mayor Plummer: Now, if we're doing this on this side of the street, would we not'be smart to consider the same thing on the west side of the avenue so that some day, hopefully, somebody might put something there worthwhile that's beneficial to the neighborhood, and they will because they can have parking, where, today, they would hesitate to do anything at all. With no parking nobody succeeds today. I would say that I would ask the department to study it, look at it, and come back and recommend to this Commission. I would ask that. Mayor Clark: Excellent idea. Mr. Rodriguez: The department was told that this point, since we are involved, embroiled in some legal litigation on this other property -- 2201 Coral Way... Mayor Clark: You want to get that down first. OK. Mr. Rodriguez: We would like to wait until we get that resolved. Mayor Clark: He understands that. Call the roll, Madam Clerk. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 2190 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), EXCEPT FOR A 1' STRIP ALONG THE NORTHERN AND EASTERN BOUNDARY LINES; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 39 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Mayor Plummer, seconded by Commissioner De Yurre, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 32 February 23, 1995 Ms. Friesner-Pardo: Thank you very much. ---------------------------------------------------------------------------------------------------------------- 16. FIRST READING ORDINANCE: AMEND 11000 TEXT, SECTION 618, TO INTRODUCE AND MAKE PROVISIONS FOR NEW MINIMUM LOT SIZE OVERLAY DISTRICT (REQUIRING MINIMUM LOT SIZE OF 20,000 SQUARE FEET), ENTITLED SD-18.1. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: Item No. 18. Mr. Joseph McManus: PZ-18 and PZ-19 are companion items. Mayor Clark: Eighteen and 19? Mr. McManus: Eighteen and 19 are companion items. One is legislation, and 19 applies the legislation to the zoning atlas. This comes to you with the recommendation of the Planning, Building and Zoning Department, the Planning Advisory Board, and the Zoning Board. This was requested by the people in Biscayne Park Terrace who requested that there be established minimum lot size areas of Coconut Grove of 20,000 square feet. So what we are talking about is establishing a minimum lot size in areas in Coconut Grove where the lot size presently is 20,000 square feet or more. Vice Mayor Plummer: Are you saying to me that everywhere that is being proposed in this overlay is presently 20,000? Mr. McManus: Yes. Vice Mayor Plummer: Or more. Mr. McManus: Or more. Vice Mayor Plummer: And zoned that way. Mr. McManus: And zoned R-1, zoned single family. Vice Mayor Plummer: All right. I understand there is some dissension, OK? Because this is not what we told you to do. What we told you to do was just exactly what you said the Biscayne Park. For whatever reason, you have gone and expanded it, on your own, to the Brickell Avenue -- which I don't have any problem with -- and Bayshore, which we never asked for. Now, on the Bayshore, in particular, because I understand that's where we are going to hear from, is, in fact, that, now, presently, minimum 20,000 square feet? Mr. McManus: No. It's whatever it's platted. Vice Mayor Plummer: Excuse me? Mr. McManus: It's whatever it's platted. Vice Mayor Plummer: OK. If they wanted to split up into less than 20,000, could they today? 33 February 23, 1995 419:. Mr. McManus: Yes. Vice Mayor Plummer: OK. Now, why did you include the Bayshore when they didn't ask for it, and I think that they don't want it? Mr. McManus: We included that because the Cocoanut Village Council had previously passed a resolution urging the City Commission to adopt amending legislation establishing 20,000 square foot minimum lot size overlay district in areas of Coconut Grove which had platted lots of 20,000 square feet or more. Vice Mayor Plummer: And the Brickell Avenue? That was never in discussion before. Mr. McManus: It's part of Coconut Grove. Vice Mayor Plummer: I understand it's part of Coconut Grove, but this Commission did not speak to that issue, is what I'm saying. I'm not saying that I'm against it, don't get me wrong. But I'm just saying is that this Commission asked you to do certain things, and suddenly... Mayor Clark: You expanded that to include all the City. Vice Mayor Plummer: ...it's exploded into something that we didn't ask for. Mr. Sergio Rodriquez (Assistant City Manager): If I may, you know, you have the choice. Unless we give you the full plate, you cannot decide what to include or not to include. You asked us to study... _ Vice Mayor Plummer: No, that's not the point. That's the problem, OK? We give you the plate. We didn't ask you to give us a bigger plate, OK? Mr. Rodriguez: Well... Vice Mayor Plummer: We gave you a plate and we asked you to study the plate. Now, you came back and... Commissioner De Yurre: Mr. Mayor, I'd like to defer this. I'm not ready to vote on this. Vice Mayor Plummer: Huh? Commissioner De Yurre: I'd like to defer this. Commissioner Dawkins: Second. Commissioner De Yurre: Eighteen and 19. Mr. McManus: Eighteen and 19, companion. Mayor Clark: All right, call the roll, Madam Clerk. Ms. Hirai: Commissioner De Yurre. Commissioner De Yurre: Yes. Ms. Hirai: Vice Mayor Plummer. 34 February 23, 1995 Vice Mayor Plummer: Excuse me, Mr. Mayor, for discussion. Mayor Clark: Takes precedent. Yes, sir. Vice Mayor Plummer: Mr. Mayor. I am going to respect my colleague's request, but I have to put on the record that the people of the Biscayne Park area have been deferred, and deferred, and deferred, and I want to tell you something, to my colleague, Victor. I'm voting with you for the deferment, but, please, we cannot defer these people any longer. They have waited too long, now. I'm in favor of that particular segment of it. Commissioner De Yurre: Well, J.L., then just make the motion for that particular section because, obviously, we are not in accord with everything else. Vice Mayor Plummer: Oh. OK. If that's within accord, I will move that the blue -- however you terminate the blue -- and is there anybody here that wants to speak against the green, which is the Brickell extension? I'll move the blue and the green, with the orange in the middle. Mr. Rodriguez: Commissioner Plummer. Vice Mayor Plummer: Yes, sir. Mr. Rodriguez: I don't know if the public can see what you are talking about. Vice Mayor Plummer: OK, that's why I designated it. Commissioner De Yurre: What areas are bounded in the blue? Vice Mayor Plummer: Excuse me? Commissioner De Yurre: What is the boundary of the blue? Vice Mayor Plummer: OK, that's the, I would assume, Tigetertail to Dixie, 22 to 17. That's the Biscayne Park, which is the people who originally brought this in. Commissioner De Yurre: From 22nd to 17th? Vice Mayor Plummer: Or 19th. Which street? Nineteenth Avenue is Natoma, and from Tigertail to Dixie. Mr. McManus: It's Natoma, yes. Vice Mayor Plummer: I have no problem with that. That's what they originally asked for. That was the plate we sent them. Commissioner De Yurre: Are there any properties there today that are less than 20,000 square feet? Mr. McManus: Yes. Vice Mayor Plummer: Just the one. Mr. McManus: They are removed. Commissioner De Yurre: They're removed? 35 February 23, 1995 6 Mr. Rodriguez: They're removed from the area. They're removed from the area to be considered for rezoning, as we mentioned before. Commissioner De Yurre: So everything else there is at least 20,000 square feet -- half an acre, basically. Mr. Rodriguez: Yes. Twenty thousand, at least. Vice Mayor Plummer: Victor, if you have no objection, I would like to move the approval of the blue -- turn it around for them -- for the blue, the green with the orange center, for approval, and defer the -- is it purple? Defer purple for further consideration. Mayor Clark: Second the motion. Vice Mayor Plummer: That's what I would move. Mayor Clark: Second. All right, any further discussion on that item? Commissioner De Yurre: And what is the green? Vice Mayor Plummer: The green is Brickell... that's... Commissioner De Yurre: I mean, no, not the green. I'm talking about the orange. Vice Mayor Plummer: That's now called Stallone Avenue, intersected by Madonna Boulevard! Commissioner De Yurre: There are a number of homes that are there at no more than 20,000 square feet, for sure. Mr. Rodriguez: Right. Commissioner De Yurre: On the north side. Mr. Rodriguez: We didn't include that because they were less than the 20,000. Commissioner De Yurre: OK, so they're not included. Mr. Rodriguez: No. The only area that is included is the area, as Commissioner Plummer mentioned, in green. Mayor Clark: That is at least 20,000 feet. Mr. Rodriguez: At least 20,000, facing the waterfront, in the area that is shown as green and pink. Mayor Clark: OK. Mr. Rodriguez: Which is in the map -- we can refer to that -- is 1B and 2 in the map. Mayor Clark: Can you...? Commissioner De Yurre: And those individuals are in accord? I mean, we're just talking about two pieces of property there. 36 February 23, 1995 0 Vice Mayor Plummer: I asked if there were any objectors. Mayor Clark: No objectors on it. Commissioner De Yurre: Well, you know, have we advised them? Do they know that this is happening? Because, let me tell you, picking on just two or three properties... Mr. McManus: Yes. Mr. Rodriguez: We have been ... Oh, yes. Commissioner De Yurre: Oh, yes. Do you have something certified? Mayor Clark: Now these people live out there, own the property, they have said yes, they understand it. Is that right, folks? Unidentified Speakers: Yes. Commissioner De Yurre: You all live out there? Unidentified Speakers: Right. Commissioner De Yurre: OK. Mayor Clark: All right, read the ordinance. Vice Mayor Plummer: May I thank my colleague, Mr. De Yurre, because Mrs. Duval is out there ready to kill me! Thank you, Victor. Commissioner Dawkins: Well, I defer it if she's going to kill you. Mayor Clark: Deferred for a kill, right? Read the ordinance, please. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 618 TO INTRODUCE AND MAKE PROVISIONS FOR A NEW MINIMUM LOT SIZE OVERLAY DISTRICT (REQUIRING A MINIMUM LOT SIZE OF 20,000 SQUARE FEET) ENTITLED SD-18.1; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Mayor Plummer, seconded by Mayor Clark, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 37 February 23, 1995 L 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 Clark: Call the roll, Madam Clerk. ---------------------------------------------------------------------------------------------------------------- 17. (A)FIRST READING ORDINANCE: AMEND 11000 ATLAS -- (1) DELETE SD-18 (MINIMUM LOT SIZE OVERLAY DISTRICT) AND SUBSTITUTE SD-18.1 (MINIMUM LOT SIZE OVERLAY DISTRICT) TO CERTAIN PROPERTIES IN COCONUT GROVE -- REQUIRE MINIMUM LOT SIZE OF 20,000 SQUARE FEET FOR: (a) LOTS CURRENTLY ZONED R-1 SINGLE-FAMILY RESIDENTIAL (WITH SD-18 OVERLAY, MINIMUM 20,000 SQUARE FEET) LOCATED WITHIN AREA GENERALLY BOUNDED BY S.W. 22 AVENUE V ST), NATOMA STREET (EAST), U.S. 1 (SOUTH DIXIE HIGHWAY) RTH), AND TIGERTAIL AVENUE (SOUTH); (b) LOTS CURRENTLY ZONED R-1 SINGLE-FAMILY RESIDENTIAL (WITH SD-18 OVERLAY, MINIMUM 20,000 SQUARE FEET) WITHIN AREA BOUNDED BY THE RICKENBACKER CAUSEWAY AND FEDERAL HIGHWAY (EAST), VIZCAYA MUSEUM AND GARDENS (WEST), SOUTH MIAMI AVENUE (NORTH), AND BISCAYNE BAY (SOUTH); AND (c) LOTS CURRENTLY ZONED R-1 SINGLE- FAMILY RESIDENTIAL (MINIMUM 20,000 SQUARE FEET) IN AREA BOUNDED BY S.W. 27 AVENUE (WEST), HALLISSEE STREET (EAST), TIGERTAIL AVENUE (NORTH), AND SOUTH BAYSHORE DRIVE (SOUTH); AND (2) ADD SD-18.1 MINIMUM LOT SIZE OVERLAY DISTRICT (MINIMUM LOT SIZE 20,000 SQUARE FEET) FOR UNPLATTED PARCELS CURRENTLY — ZONED R-1 SINGLE-FAMILY RESIDENTIAL (MINIMUM 20,000 SQUARE FEET) IN AREA BOUNDED BY S.W. 27 AVENUE (WEST), RICKENBACKER CAUSEWAY AND FEDERAL HIGH (EAST), U.S. 1 (SOUTH DIXIE HIGHWAY) (NORTH), AND BISCAYNE BAY (SOUTH). (Applicant: Planning, Building & Zoning Dept.) (B) DISCUSSION CONCERNING POSSIBLE CONFLICT OF INTEREST CONCERNING TUCKER GIBBS, CHAIRMAN OF PLANNING ADVISORY BOARD REPRESENTING CLIENTS IN THE CITY OF MIAMI ON PLANNING AND ZONING ITEMS. Mayor Clark: Give us your name for the record, so you can swear you were here. Mr. Mike Kuryla: Mr. Mayor, my name is Mike Kuryla. I respectfully request to be recognized and speak on this issue. Vice Mayor Plummer: Excuse me. Mayor Clark: It's already passed, sir. Mr. Kuryla: On the issue that would follow, then. It's in connection... Mayor Clark: Which one is that, 19? Mr. Joe McManus: It's the atlas amendment. 38 February 23, 1995 Mayor Clark: All right. That's fine, thank you. All right, 18 has passed, folks, with that Plummer's scrivener. On 19, read 19. Identify 19. Commissioner De Yurre: Read the ordinance on 19. Vice Mayor Plummer: Before you do that, because whether we're going to approve it or disapprove it, how does this differ from 18? Mr. Sergio Rodriguez (Assistant City Manager): Eighteen is the text amendment, creating the lot. Nineteen is applying to the atlas, specifically. Vice Mayor Plummer: So, in other words, if we vote it's for the same thing, is that correct? OK. Well, no, he has a concern. Mr. Rodriguez: In 19. Vice Mayor Plummer: Correct. Mayor Clark: All right, speak to it, now. I think we know what it is. Mr. Kuryla: Mayor and Commissioners, again, my name is Mike Kuryla. And, like many issues that come before the City Commission, items 18 and 19 have those who are supporters and those who are in opposition. This is the American way, and the resolution of differences is obtained in an open public forum, not always to everyone's satisfaction, but guided with the idea of fair _ play. Mayor Clark: You have a particular difference, right? Mr. Kuryla: Yes, sir, I do. Mayor Clark: Speak to that, will you? Mr. Kuryla: Specifically, the issue, how these items... Vice Mayor Plummer: Mike, can I help you out? Mr. Kuryla: Yes. Vice Mayor Plummer: I have been accused of being your friend, and I'm not your enemy, but let me try to help out, if I can, to bring this to a complete, quick halt. Mr. Kuryla: Excuse me, Comm... Vice Mayor Plummer: Mr. Mayor, if I may, this is the lot that started the whole thing. This gentleman bought a lot in the area and came before the City to have a second lot included, whereas the City said to him they want a turning radius, a safety radius on a corner. Now, you stop me if I am wrong. OK? This man agreed to that and, as such, they gave they gave him what he wished, administratively. The neighborhood came back in and were very concerned that any lot less than 20,000 square feet would, in fact, be granted anything, whether he volunteered or not. They eventually brought it before this Commission in the form of a variance, or a conditional use. Variance, wasn't it? Mr. Rodriguez: Waiver. 39 February 23, 1995 Vice Mayor Plummer: OK. When they brought it back in here, the neighborhood objected, but this Commission voted for it. In the interim time, the neighborhood retained a lawyer, who went to court and filed a lawsuit to stop the City Commission's action. And that's where it is, today. His concern, today, I'm sure, is the fact that if we pass 19, that it might, in fact, jeopardize his standing in any court suit. Now, he can take it from there, but that brings you and Mr. Gort up to date, because I was here, you weren't. Mayor Clark: All right. Mr. Kuryla: Thank you, Commissioner. I would add, perhaps, four or five minutes of commentary, and I would appreciate your attention. These issues regarding the changes to create the new minimum lot size overlay district originated in 1994, as Commissioner Plummer stated. It resulted from the City of Miami Street and Plat Committee approval of a plat of a parcel of land that became two separate lots, each of which met the requirements for platting, and included the waiver process, under the City Code, which had occurred on numerous other occasions in plats in the City of Miami and, specifically, in Coconut Grove. I am a citizen who has lived with his family the better part of my life in Coconut Grove. I have been a good neighbour to many of you who are here today. I am here because I followed all the rules in the City Code, only to see myself unfairly singled out by a lawyer, who finds objections to the City Code, and has filed a lawsuit to have the legal replat of my property quashed. Mr. Mayor, Commission members, Mr. City Attorney, I would probably not speak out today if I didn't believe, in the depth of my soul, that there are some issues that cry out to be heard, issues involving the ethical behavior of the lawyer who filed the action against the City of Miami relating to the replat of my land. Mr. Tucker Gibbs, for months, chaired many meetings with neighbors to organize and to object to _ the replat of my property, including a meeting with the senior Coconut Grove NET (Neighborhood Enhancement Team) official to which I was excluded. When I attempted to join these meetings to explain my replat, for the most part I was excluded at the direction of Mr. Gibbs. I tried to reach Mr. Gibbs six or seven times by phone and he refused to speak with me. In addition to stopping my legal replat, one purpose of these meetings was to begin the process by which some neighbors initiated a request to the Planning and Zoning Department to increase the minimum lot size with a new overlay district that requires a 20,000 square foot minimum, instead of the zoning requirement of a 10,000 square foot minimum. I respect the desire of my neighbors to make this request, but I do not respect the participation of Mr. Gibbs as their lawyer for the following reasons. It would seem to me -- and I believe it will seem to you after you have heard what I have to say -- that Mr. Gibbs represented certain neighbors in various Coconut Grove associations and clubs in opposition to the replat of my land. And I would take no issue with this, if Mr. Gibbs did not have a position of public trust for which he says he is paid as the Chairman of the City of Miami Planning Advisory Board, a position he has held for some time. That is to say, zoning issues, such as the one today, are argued before the Planning Advisory Board before they reach the City Commission. In this regard, Mr. Gibbs has stated to the City Commission in November, "I've had two conflicts," and on those issues my understanding is that he left the room and did not talk to his staff. Mr. Gibbs also said, "I don't agree that I had to abstain." For the record, the State Ethics Commission issued an Opinion restricting outside work by public officials who are also lawyers. A politician, or a public official, in my view, who makes a living as a zoning lawyer, should not sit -- much less chair -- the committee that recommends zoning issues to the Commission. Last November, there was a discussion by members of the Commission, Mr. Mayor, which brought up the ethics question regarding Mr. Gibbs. The Commissioners felt there was, and I quote, "absolutely a conflict." And Mr. Jones said, and I quote, "best thing would be to get an opinion from the Commission on Ethics" to determine if Mr. Gibbs's activity was in violation of the tripartite set of rules maintained by the State, by the County, or the City. My recollection of the end of the discussion in November had Commissioner Plummer suggesting to the Commission that it should do as the City Attorney recommends, and he asked that the City Attorney refer this scenario to the Attorney General and 40 February 23, 1995 to the Ethics Commission, and get a ruling on the issue, and get it on top of the table. I quote Commissioner Plummer, "I would move such at this time." I quote the Mayor responding to the motion from Commissioner Plummer, "no problem, any exception?" There were no voices in exception. So here we are. Mr. Gibbs is the paid chair of the City's Planning Advisory Board, representing clients with issues that come before the City, and Mr. Gibbs is suing the City. It doesn't seem right, nor ethical to me that Mr. Gibbs does this. He has said to me, "nothing personal." Yet he writes, "I, on behalf of my clients, will take all legal action necessary to have any construction and/or alterations to that property demolished or removed." I ask you, Mayor, is this the American way of fair play? I ask this Commission, if it has not done so already, to direct the City Attorney to bring this issue to the Attorney General... Vice Mayor Plummer: We did. Mr. Kuryla: ...and to the Ethics Commission for an investigation and opinion. Mr. Gibbs and his clients will essentially have accomplished what they set out to do, and that is to increase the lot size with a new overlay district. Mr. Gibbs would earn my respect -- and I suspect that of the City Commission -- were he to abandon the lawsuit that unfairly affects my legal use of my property and bites the hand that provides him with the chair of the Planning Advisory Board. Thank you. Mayor Clark: That's good. Applause is good for your circulation. If you like to applaud, you can applaud. Vice Mayor Plummer: Well, Mike, I hear you as you speak. I don't know what that has to do with the zoning, the zoning is what is before us. _ Mayor Clark: Well, did we ever receive a response back...? Wait a minute. Tucker Gibbs, Esq.: I have it. Mayor Clark: You have it? Mr. Gibbs: Yes. Mayor Clark: From where? I'm asking that you... A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor. Mayor Clark: You've already a conflict, as far as I'm concerned. Let me here from my attorney. Mr. Jones: Mr. Mayor, consistent with your instructions, an opinion was requested from the Commission on Ethics, which Mr. Gibbs and my office basically consulted on, in terms of the actual questions that would be addressed, consistent with your concerns. They were submitted sometime in the latter part of November. I have not received a response from the Commission on Ethics. However, Mr. Gibbs has informed me, this afternoon, that he has received a draft of an opinion that undoubtedly will be issued by the Commission in... Mayor Clark: Mr. Jones, who requested that you do this? Mr. Jones: This Commission requested that I do this. Mayor Clark: Well, how is he entitled to a draft of something that we requested from you...? 41 February 23, 1995 I Mr. Gibbs: I can explain that. Mayor Clark: Please! Mr. Jones: Well, maybe Mr. Gibbs can explain that to you. What I'm trying to say is that even if it's a draft, it's not a binding opinion, as of yet. Mr. Gibbs: That's right. Commissioner Dawkins: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Dawkins: If this Commission directed the Ethics Commission to see if Mr. Gibbs was in violation, then Mr. Gibbs should not have been notified of nothing other than the results of that finding. Vice Mayor Plummer: Or called in to testify. Commissioner Dawkins: Now, I'm like everybody else. How could he get a draft of what... Mr. Gibbs: Can I explain? Commissioner Dawkins: ...the Commission... Mr. Gibbs: This is about me. Commissioner Dawkins: ... is going to send to me as its finding? Mr. Gibbs: Mr. Mayor. Mr. Jones: Because it's a matter of public record. All you have to do is request it and it can be given to you. Mr. Gibbs: That's not the... Commissioner Dawkins: But, but... All right, hold it, now. Hold it. What's that lady's name who said that took me before the Ethics Committee six times, and I got a letter that I couldn't talk to anybody? Mr. Jones: No, that was a different... Commissioner Dawkins: What's the difference? Mr. Jones: That was a different scenario. You were being investigated for a matter of violating your particular responsibilities as a City Commissioner. Vice Mayor Plummer: That's what we were doing here. Mr. Jones: OK. In that regard, you are instructed, pursuant to State law, that any information that you discussed with that particular investigator was not a matter of public record. Here you have a situation where you have a Board member who has requested... Mr. Gibbs: That's right. 42 February 23, 1995 Mr. Jones: ...an opinion from the Commission on Ethics as to propriety of certain actions that he has taken in his capacity as a private attorney, sitting on a City Board, whatever else. Commissioner Dawkins: But he was not... Hold it now, wait... Mr. Jones: Commissioner, what I'm telling you is that any response that the Commission on Ethics -- whether it be draft or anything else -- is a matter of public record. Commissioner Dawkins: But, now, I'm confused. You tell me that we requested it. Then you turn around and tell me he has got an answer to what he requested. Mr. Jones: Well, what I'm telling you, Commissioner, is that you... Mayor Clark: It doesn't make sense. Mr. Jones: Well, it does make sense. Commissioner Dawkins: No, it doesn't. Mr. Jones: It does make sense. You requested me to submit a request to the Commission on Ethics. So, what Mr. Gibbs and myself did was we consulted on the questions, and he has the absolute right, himself, if he wants to submit that request. I did not see the need for submitting a separate document under the aegis of the City Attorney's office which asked the same question. Mayor Clark: You should have, as that's what we ordered. Commissioner Dawkins: You should have. That's what we directed you to do. Mr. Jones: Well, the same questions -- I'm sorry -- the same questions would have been answered. Mayor Clark: Well, you should have done it, and I think that's a failing on your part. Mr. Jones: I beg to differ. Vice Mayor Plummer: I have to ask a question. This Commission asked you to inquire of the Attorney General. Why would you call the party in who is a possible suspect, to consult... Mr. Jones: Well... What... Vice Mayor Plummer: May I finish? Mr. Jones: Let me also finish, too. Vice Mayor Plummer: May I finish? Mr. Jones: Because it was also your... Vice Mayor Plummer: May I finish? How can you...? Mr. Jones: Let me finish, too, because you could... what you also directed... Mayor Clark: Mr. Attorney... 43 February 23, 1995 Mr. Jones: ...at that meeting... Mayor Clark: Mr. Attorney, the Commissioner has the floor. Vice Mayor Plummer: Thank you, sir. Mayor Clark: And that is the rule. Vice Mayor Plummer: Thank you, Mr. Mayor. It is amazing to me that when this Commission asked the City Attorney's office to inquire of the Attorney General as to whether or not there was a conflict existing, I don't understand why you would call the party in, who is possibly the suspect in this scenario, and ask him to consult with you as to what you're going to send to the Attorney General. To me, I don't understand that at all. Now, I'll go another step further so that I don't get blocked out again. We have a long-standing thing in this Commission, and I think an ordinance which the City Attorney's office -- whether it was you or the previous one -- any City employee or politician can not come back before a Commission after they leave for a period of two years, without a waver. And yet, this gentleman is still there, he still chairman of the Zoning Board -- or the Planning Board... Mr. Gibbs: Planning Advisory Board. Vice Mayor Plummer: ...and he is representing clients in the City of Miami. I, personally -- he's my friend -- but I have voiced my opinion. I think it is absolutely wrong. I think it is, without question, a conflict of interest. It would be the same thing with my sitting here as a Commissioner, going out, if I was a lawyer, and represented a client. That's wrong. There is a prohibition, even after you leave the City, for two years, that you can't represent a client back before this Commission, as a lawyer, as a consultant, or for anything. And, yet, there is some reason we are asking the question, with someone who is presently sitting there. If that's a conflict of interest, he was, in fact, involved in this scenario. Mayor Clark: File a suit. Vice Mayor Plummer: I have to tell you that in my... regardless of what the Attorney General, which I asked the first... I've asked two questions, and I'll ask you to answer question one. Question two, you don't. That's my opinion, which I am entitled to. Mr. Jones: Well, if I may respond. Vice Mayor Plummer: Sure. Mr. Jones: First of all, you seem to suggest that there was some impropriety by having Mr. Gibbs request the opinion. All I am telling you is that, as a Board member, he is entitled to request that. OK? The same thing is you, sitting in your capacity as City Commissioners, if you were involved in the same scenario you would be entitled to ask the Commission on Ethics the same question. Now, I'm sorry if you think it was a failure on my part... Mayor Clark: It was. Mr. Jones: ...a failure of judgment. I did not see any reason to duplicate the questions that we had formulated. You may not remember that, during that discussion, you suggested that Mr. Gibbs and I get together... Mr. Gibbs: That's right. 44 February 23, 1995 Mr. Jones: ...and formulate the questions. I did exactly what you asked me to do. And I think it is very unfair of you to sit here, now, and try to cast some aspersions on me that I have done something improper. I haven't done anything improper. I followed your instructions to the "T." Vice Mayor Plummer: I don't remember that at all. Mr. Jones: Well, we can get the transcript, and I will show you. Vice Mayor Plummer: And if I stand corrected, and if I said that, I will tell you, on the record, right now, that I was wrong. Mr. Jones: Well, you should get prepared to do it. Vice Mayor Plummer: And I'll admit it. But I don't ever remember asking you to sit with this gentleman. Mayor Clark: Never. Vice Mayor Plummer: It was this Commission's instructions... Mr. Jones: Those were your instructions, sir. Mayor Clark: Well, we'll have to see it to believe it. Vice Mayor Plummer: We'll ask for the record. Doesn't make sense that I would ask that. Mr. Gibbs: Mr. Mayor, may I please be recognized? Mayor Clark: Whose? Mr. Jones: It doesn't make any difference. That's what you instructed me to do. Mr. Gibbs: Since I am the person who this has all been directed to -- you've all been talking about me -- I think I have a right, at least, to respond. Mayor Clark: We're not talking about you. We're talking to you. Mr. Gibbs: Well, good, then I'd like to talk back to you. Mayor Clark: All right. Mr. Gibbs: If I might? Mayor Clark: See how far you get. Mr. Gibbs: OK. Vice Mayor Plummer: Can I stop you for one second? Mr. Gibbs: Yes. Vice Mayor Plummer: You know, Mr. Mayor, can I suggest -- and this is getting far afield -- we should be talking about the zoning item. And the matter with Mr. Gibbs we can talk about after the zoning is finished. 45 February 23, 1995 Mr. Gibbs: Mr. Plummer, Mr. Kuryla has made some very serious accusations. Vice Mayor Plummer: I heard them. Mr. Gibbs: I've been referred to as a suspect. I feel... Vice Mayor Plummer: OK. Mr. Gibbs: ...for a very brief moment, I should be able to respond. Mayor Clark: Why don't you sue him? Why don't you sue him? Mr. Gibbs: I don't plan on suing him, Mr. Mayor, but let me explain something. When this issue came up, very briefly, Mr. Clark, as the Mayor, Mr. Plummer and Mr. Dawkins all said -- and I was retained, Mr. Plummer, just to correct you -- I was retained by the homeowners... Vice Mayor Plummer: Yes, I know. Mr. Giggs: ...before the platting action, so when I appeared before you, I was their attorney, when I appeared, arguing on their behalf. And I said at the time, on the record, I stated, I am being retained by these people for... Vice Mayor Plummer: We knew that. Mr. Gibbs: I know, because you made a comment about it. Vice Mayor Plummer: We knew that. Mr. Gibbs: It was up front. When you all voted on the legal issue, and this lawsuit is on a very minor, well, very major legal issue, whether or not you all have the authority to determine whether a plat meets all lawful requirements. And the City Attorney and I have a legal disagreement. That's what the lawsuit is about. It's not about your money. It's not about a slip - and -fall accident. It's not about attorneys' fees. That's what it's about. Each one of you -- or three of you -- recognized the fact that this issue would have to be litigated, because when you voted you said, "We're going to deal with this in court." Mr. Clark, you said, specifically, at one point, "I don't want to hear any more, Mr. Gibbs. You can make your argument in court, because I know that's where you're going to go." You all recognized the fact that this issue was going to go to court when we argued the plat issue back in June. Mayor Clark: But I did not know that you were filing a lawsuit. Mr. Gibbs: Sir, I was representing those people. I told you I was their attorney, and you said, "Mr. Gibbs, make your argument to the court." Obviously, you must have had some inkling that I would be making my argument to the court. The point is... Vice Mayor Plummer: Well, for the record, I knew that you were representing, that's me, OK. But I still tell you that I, as a Commissioner in this City... Mayor Clark: It's a conflict. Vice Mayor Plummer: ...cannot go out from this office, either in this office, or leave this office, and, for two years, come back and represent a client. I think it is wrong, Mr. Gibbs, for you, or anyone else in this City... 46 February 23, 1995 Mr. Gibbs: On any advisory board or... Vice Mayor Plummer: ...to represent City people back against the City. Commissioner De Yurre: Mr. Mayor. Vice Mayor Plummer: I think it's wrong. Mr. Gibbs: Well, I'm not representing City people. Commissioner De Yurre: Mr. Mayor, Mr. Mayor. Mr. Gibbs: I'm representing... but... Commissioner De Yurre: Mr. Mayor, excuse me. Mr. Gibbs: I'd like to finish my point. Mr. Jones: It's an advisory board. Vice Mayor Plummer: It's not that. It's the idea that he's a member of the City. Commissioner De Yurre: If what... Mr. Jones, Mr. Jones, what determines that nobody can come back within two years? _ Mr. Jones: Well, first of all... Commissioner De Yurre: Is there an ordinance, or is it...? Mr. Jones: Well, let me clarify something. Mr. Gibbs sits on an advisory board, OK. Commissioner De Yurre: Just answer my question, then you can go into all that. What law determines that nobody can come back within two years after leaving? Mr. Jones: You have your own City Code which spells that out. Commissioner De Yurre: OK, there's the Code. Mr. Jones: And it allows for a waiver from this Commission. However, the only prohibition that the Code speaks about a sitting board member, a present board member, is that that board member cannot appear before his or her own board. Mr. Gibbs: Thank you. Mr. Jones: That's the only prohibition. Mr. Gibbs: Thank you, Mr. Jones. Commissioner De Yurre: OK, so, well, do we want to amend that and include any board member, any... Vice Mayor Plummer: As far as I'm concerned, I thought it amended it at that point. You know, my friend says something... 47 February 23, 1995 Commissioner De Yurre: Because, then by the same token... J.L., J.L., J.L.... Vice Mayor Plummer: ...doesn't have to be wrong. If it looks wrong, it's wrong. Commissioner De Yurre: By the same token, then, I, as an attorney, can appear before the Zoning Board of the City of Miami. Mr. Gibbs: And the Ethics Commission says you can, Commissioner. Commissioner De Yurre: Theoretically, theoretically speaking. Mayor Clark: Please, please, now. Commissioner De Yurre: Right? Vice Mayor Plummer: Let's talk to the zoning. Please answer his question. Mayor Clark: Answer the question on the zoning. What can we do? Mr. Gibbs: Wait a minute, Mr. Mayor. You didn't give me a chance to finish. Mr. De Yurre had a question. I do want to state one thing for... Mayor Clark: Did he speak to you? No, he spoke to our Attorney. Mr. Gibbs: You were going back to the zoning matter. I want to finish my point, that's all. I' think I should have an opportunity to clear my name. Mayor Clark: You think you can? Mr. Gibbs: You better believe I can! In front of this Commission, I certainly can. Mayor Clark: Well, you're going to have to prove that. Go ahead. Mr. Gibbs: I've already proved it, I think, but in your eyes, obviously not. What I was trying to say to you all was, the question went to the Commission on Ethics. An advisory opinion will be issued. I've read the draft. I've read all the Ethics Commission opinions dealing with the issue of conflict, and every single one of them -- and I've sent copies to the City Attorney, including the draft that relates to this specific issue says, I have a right to represent my clients in front of you. I do not have a right to represent my paying clients in front of my board. And I, on the advice of the City Attorney, did not even attend the parts of those meetings of the Planning Advisory Board where these issues came up. I didn't even attend those portions of the meeting. And that was because, as I said at the meeting in November, or whenever it was, that I wanted to be above, you know, beyond the appearance of impropriety. And when I talked to the Ethics Commission's attorneys today and told them I was coming down here and suspected this issue would come up, they told me, "You were absolutely right. You didn't necessarily have to abstain or not vote on those issues at the Planning Advisory Board because they are zoning issues, but, in an abundance of caution, it was very appropriate for you to do that." And that's exactly what your City Attorney advised me. That's exactly what I did. If anybody has a problem with my ethics, fine. You take it to the Ethics Commission. I've already taken it there, and I'll tell you something. As a sitting member of the Planning Advisory Board, I am the person who has to ask the question to the Ethics Commission, because it's an advisory opinion about me and what I can do. And that's why I am the person to write the letter, and I, as a courtesy, because this Commission specifically requested it, spoke with Mr. Jones, sent him a 48 February 23, 1995 copy of my letter, incorporated changes that he offered, as a courtesy to the City. And if the City has a problem, and if Mr. Kuryla has a problem, let the City or Mr. Kuryla go, not to the Attorney General, let them go to the State Attorney's office. Because I'll tell you something. I don't like being slandered, and someone better be doggone sure that what I'm doing is necessarily wrong before they go out and spout off at a public meeting. And that's all I have to say, Commissioners. Vice Mayor Plummer: Well, let me clarify it, before you go file your slander suit. No one has ever said that you have conducted anything that is criminally wrong. Mr. Gibbs: I like that distinction. Vice Mayor Plummer: OK. No, when you talked about going to the State Attorney... Mr. Gibbs: Fine. Vice Mayor Plummer: ...that means something criminally... Mr. Gibbs: If I am violating the State of Florida... Vice Mayor Plummer: And I haven't heard anyone from this... Mr. Gibbs: If I am violating the law, take me to court. Mr. Gibbs: Tucker, nobody from this digs that I know that says that you have done anything criminally wrong. I say that I think that appearance is wrong, that you are on City payroll, you are on a City board, and you are representing people before a City board, namely this Commission, for a fee as an attorney. I think that's wrong. OK? Now, that's my opinion and I am entitled to that. Mr. Gibbs: And my vast number of clients in the City of Miami number -- how many? Vice Mayor Plummer: I don't know. Mr. Gibbs: One. These are my only clients because they are a neighborhood group. Vice Mayor Plummer: I have no idea. Mr. Gibbs: And I'll tell you something. I think that there's got to be a lot more to this, that this kind of inuendo is allowed in the City of Miami. But I'm used to it. I've lived here all my life, and you know what, I'm still going to live here. I deal with you all every day and I'll continue to deal with you. Thank you. Vice Mayor Plummer: All right. Now, can we speak to the... Would you like to speak to your client's -- since nobody else can defend them now, as far as item 19? Mr. Gibbs: To clarify for the record, I am not representing anybody for a fee as an attorney on this particular zoning matter, and I want that to be really clear. I will tell you, as a citizen in Coconut Grove, that I think it's a great idea. I think that the people up at the Vizcaya neighborhood want this. The neighborhood at Biscayne Park Terrace want it, and, as far as I'm concerned, I think it's a great idea. Vice Mayor Plummer: Mr. City Attorney, I guess the thing resolves down to this. This Commission has, in fact, granted this one -- what was it, a variance? 49 February 23, 1995 d,&- Mr. Sergio Rodriguez (Assistant City Manager): The replat, you mean? It was a waiver. Vice Mayor Plummer: We accepted the replat. OK, now, I'm sure that his main concern that if we pass 19 as proposed here, would it put him in jeopardy as to the action of this Commission, or his standing in a lawsuit that is presently before the court? Mr. Rodriguez: May, I say something from the technical point of view? Vice Mayor Plummer: Are you the City Attorney? I've asked the City Attorney. I think that's the whole crux of what we're going through an hour here for. Miriam Maer, Esq. (Chief Assistant City Attorney): Mr. Commissioner, as I look at the exhibit in front of you, the lot which was the subject of the replat is specifically not included in the aqua shaded lots. That lot, which is the subject of a lawsuit, because it is, in fact, two lots as opposed to the one lot that is shown there... Vice Mayor Plummer: Mr. Mayor, I move... Ms. Maer: ...is not part of this. Vice Mayor Plummer: Mr. Mayor, I move item 19. Mr. Rodriguez: As amended. Mr. Joseph McManus: As amended. Vice Mayor Plummer: As amended. Ms. Maer: As amended. Mayor Clark: Do we read it? Have you read it into the record? Ms. Maer: I'll read it now. Mayor Clark: Please. AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD BY TITLE ONLY. Mayor Clark: Call the roll. Vice Mayor Plummer: Mr. Mayor, if I may, please. Mayor Clark: Yes, sir. Vice Mayor Plummer: Reading from the minutes of November 17th -- Mr. Gibbs, page 181 -- quoting from the minutes: "Commissioner Plummer: I would ask, Mr. Mayor, let's do as the City Attorney recommended. I would ask, at this time, the City Attorney proffer the scenario to the Attorney General or the Ethics Commission, and let's get a ruling. Let's get it on top of the table." That's from the minutes of the meeting. Thank you, Mr. Mayor. 50 February 23, 1995 Mr. Gibbs: That's fine with me. I... Vice Mayor Plummer: No, well, you said that I "recommended" that you get together with him. Mr. Gibbs: That was my understanding, so I appreciate the fact that it's clarified and I accept that. Mayor Clark: Well, you found it was wrong. Vice Mayor Plummer: Here's the minutes. As you said, we go to the minutes for the correction. Mr. Gibbs: As friends, I... Vice Mayor Plummer: Thank you. Mr. Gibbs: No problem. Mayor Clark: Call the roll. AN ORDINANCE ENTITLED: AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE OFFICIAL ZONING ATLAS BY: (1) DELETING THE EXISTING SD-18 MINIMUM LOT SIZE OVERLAY DISTRICT AND SUBSTITUTING THEREFORE A NEW SD-18.1 MINIMUM LOT SIZE OVERLAY DISTRICT (REQUIRING A MINIMUM LOT SIZE OF 20,000 SQUARE FEET) FOR: (a) THOSE LOTS CURRENTLY ZONED R-1 _ SINGLE FAMILY RESIDENTIAL, WITH THE SD-18 OVERLAY, AND HAVING A MINIMUM OF 20,000 SQUARE FEET IN AREA AND LOCATED WITHIN THE AREA GENERALLY BOUNDED BY SOUTHWEST 22ND AVENUE TO THE WEST, NATOMA STREET TO THE EAST, U.S. 1 (SOUTH DIXIE HIGHWAY) TO THE NORTH, AND TIGERTAIL AVENUE TO THE SOUTH; (b) THOSE LOTS CURRENTLY ZONED R-1 SINGLE FAMILY RESIDENTIAL, WITH THE SD-18 OVERLAY, AND HAVING A MINIMUM OF 20,000 SQUARE FEET IN AREA LOCATED WITHIN THE AREA GENERALLY BOUNDED BY THE RICKENBACKER CAUSEWAY AND FEDERAL HIGHWAY TO THE EAST, VIZCAYA MUSEUM AND GARDENS TO THE WEST, SOUTH MIAMI AVENUE TO THE NORTH, AND BISCAYNE BAY TO THE SOUTH; AND (2) ADDING THE SD-18.1 MINIMUM LOT SIZE OVERLAY DISTRICT (REQUIRING A MINIMUM LOT SIZE OF 20,000 SQUARE FEET) FOR THOSE UNPLANTED PARCELS CURRENTLY ZONED R-1 SINGLE FAMILY RESIDENTIAL, AND HAVING A MINIMUM OF 20,000 SQUARE FEET IN AREA, WITHIN THE AREA GENERALLY BOUNDED BY SOUTHWEST 27FH AVENUE TO THE WEST, THE RICKENBACKER CAUSEWAY AND FEDERAL HIGHWAY TO THE EAST, U.S. 1 (SOUTH DIXIE HIGHWAY) TO THE NORTH, AND BISCAYNE BAY TO THE SOUTH; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 51 February 23, 1995 was introduced by Vice Mayor Plummer, seconded by Corr missioner De Yurre, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. ---------------------------------------------------------------------------------------------------------------- 18. (A)DISCUSS AND CONTINUE (TO MARCH 9TH MEETING) CONSIDERATION OF PROPOSED RESOLUTION CONCERNING SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL TO ALLOW INSTALLATION OF DRIVE-IN FACILITIES AT A FINANCIAL INSTITUTION .LOCATED AT 102 N.W. 37 AVENUE (C-1 RESTRICTED COMMERCIAL, PERMITTED PRINCIPAL USES). _ (Applicant: S.E.S. Investment, Inc.) (B)DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED T MEETING) D RESOLUTION CONCERNING SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL TO ALLOW A DRIVE -THROUGH FINANCIAL INSTITUTION WITH A REDUCTION OF RESERVOIR SPACES AT 102 N.W. 37 AVENUE. (Applicant: S.E.S. Investment, Inc.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 20. Thank you, folks. Vice Mayor Plummer: Do we all get the blessings of Mrs. Duval? Mayor Clark: Item 20, please. Ms. Lourdes Slazyk: OK, PZs 20 and 21... Mayor Clark: Please leave quietly. Yes. Ms. Slazyk: They are companion items. These are special exceptions for a financial institution with a drive -through... Vice Mayor Plummer: Mr. Mayor, I'm going to ask that this be deferred. Mayor Clark: Item 20? Vice Mayor Plummer: Yes. It's 20 and 21, isn't it? 52 February 23, 1995 Ms. Slazyk: Right. They're companions. Vice Mayor Plummer: This is to cut down on the amount of parking for a bank, and that has me bothered to no end. For two lanes they are proffering that they are going to go to seven reservoirs, instead of 20, and I'll tell you that just bothers me -- on Douglas Road -- to no end. And I would ask... That would be my motion, whether you want to hear from them or not, but that will be my motion at the conclusion. Mayor Clark: Defer for what reason, J.L.? Vice Mayor Plummer: I want to go look at it, Mr. Mayor, and see what kind of actual confusion that's going to cause by having the amount of reservoir space, off-street, available for people to use at drive-in tellers of that bank. That's what I'm doing it for. Mayor Clark: What bank are we talking about? Vice Mayor Plummer: I don't know the name of it. Mr. Ronald Shapo: Transatlantic Bank. Commissioner Dawkins: Twenty and 21, J.L.? Vice Mayor Plummer: It's 20 and 21. They're together. Commissioner Dawkins: Second. Commissioner Gort: I understand that staff recommends it, J.L. Vice Mayor Plummer: Well, I, excuse me. They might be recommending it, but I want to see it. I was the one who brought to this table, originally, because of the problem with banks backing up traffic everywhere, that, in fact, they provide off-street reservoir backup so that there wouldn't be the street blocking. And, Mr. Mayor, just the very one you spoke about before, which was originally that brought it to this attention, was 27th Avenue and Southwest 7th Street. Mayor Clark: Yes, sir. Vice Mayor Plummer: They used to be backed up all the way to Beacon Boulevard, trying to get into a drive-in. Mr. Rodriguez: Mayor Clark. Vice Mayor Plummer: We put in there ten for each lane. Commissioner De Yurre: But what bank is this? There's no bank there. Mr. Rodriguez: Transatlantic. Vice Mayor Plummer: I don't know what's the name of it. Commissioner De Yurre: What is it? Mr. Rodriguez: Transatlantic Bank. Mr. Shapo: The Transatlantic Bank. 53 February 23, 1995 9,m. Vice Mayor Plummer: Who? Mr. Rodriguez: The Transatlantic Bank. Commissioner De Yurre: On 37th and First? Commissioner Gort: That's the old Badia restaurant that has been closed, now, for years, been empty. Ms. Slazyk: Right. Mr. Shapo: That's correct. Vice Mayor Plummer: But it's on Douglas Road. That's what bothers me. Thirty-seventh Avenue is so damned busy, Victor. Mayor Clark: Let me ask you, Mr. Shapo, where is the bank, and what bank is it? Mr. Shapo: It's the Transatlantic Bank, and it's a facility which has been approved by the Division of Banking to open at the location Mr. Gort stated. Mayor Clark: Where is the main bank? Mr. Shapo: The main bank is downtown Miami, in the Transatlantic Bank Building, Flagler Center. Mayor Clark: This is a drive-in, or a...? Mr. Shapo: This would be a small bank, community bank facility, little branch, with two drive - up windows. Mayor Clark: Well, Commissioner Plummer's requested this. Vice Mayor Plummer: All right, wait a minute. Let me tell you what I'll do. Give me five days, OIL? Give me five days. Approve it subject to my having the opportunity to go out and look, and if I don't object in five days, it is automatically approved. Mayor Clark: No, you can't do that, J.L. Vice Mayor Plummer: Sure you can. Mayor Clark: No, I know that they used to do that, but I think that's totally illegal. Vice Mayor Plummer: It's not. Mayor Clark: Let's hear it for a deferral to the next meeting. Let him go out and look at it. I know the area. My old office building was right in the next block. Vice Mayor Plummer: Yes, you have a place across the street. Commissioner Dawkins: You built a building next to... Mayor Clark: I sure did. On the deferral, call the roll. That will be on May [sic] 9. 54 February 23, 1995 Vice Mayor Plummer: The 9th is fine with me, Mr. Mayor. Mayor Clark: March 9th. THEREUPON, ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, ITEMS PZ-20 AND PZ-21 WERE CONTINUED TO MARCH 9, 1995 BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Thank you for coming down. Vice Mayor Plummer: I would like, if you would -- to the applicant -- would you furnish me with a copy of what you're proposing as far as reservoir off-street backup? Mr. Shapo: Absolutely. Vice Mayor Plummer: Thank you. Mr. Rodriguez: Let me make sure I understand. This was continued to March 9th instead of the 23rd? Vice Mayor Plummer: That's fine. All I'm asking is the ability to go out and look at it. Mr. Rodriguez: Twenty and 21, right, both of them? Mayor Clark: Twenty and 21. Vice Mayor Plummer: Yes, 20 and 21. Mayor Clark: Do you need a separate motion on 21, Madam Clerk? 55 February 23, 1995 ---------------------------------------------------------------------------------------------------------------- 19. DIRECT ADMINISTRATION TO HOLD A COMMUNITY MEETING FOR NEIGHBORS OF PROPERTY (CURRENTLY THE SALVATION ARMY BUILDING) AT 250 N.W. SOUTH RIVER DRIVE, TO RESOLVE THEIR DIFFERENCES IN CONNECTION WITH PROPOSED FACILITY AT SAID ADDRESS -- INSTRUCT ADMINISTRATION TO SCHEDULE THIS ITEM AT COMMISSION MEETING OF MARCH 23, 1995. (Applicant: Salvation Army, owner / Northwest Dade Center, Inc., buyer.) Mayor Clark: Item 22. Mr. Joseph McManus: Item 22 is a special exception requiring City Commission approval. Per the zoning ordinance, if we have a Community Based Residential Facility that undergoes a changes of ownership, it requires City Commission approval. The only item for consideration is whether you agree with the change of ownership. Mayor Clark: Well, let's hear it, then. Mr. McManus: The Planning, Building and Zoning Department recommended approval and the Zoning Board has recommended approval. Mayor Clark: For the record, your name. A. Vicky Leiva, Esq.: Vicky Leiva, with offices at 701 Brickell Avenue. Mayor Clark: Do we have objectors present on this item? Mr. Mario Jardon: Yes. Mayor Clark: OK, go ahead, Ms. Leiva. Ms. Leiva: Good afternoon, members of the Commission. I would like, Mr. Mayor, to do a presentation, introduce my client to you and save some time for rebuttal, if I may. Mayor Clark: You have it. Ms. Leiva: We are here before you for a change of ownership at a property located at 250 Northwest... Southwest North River Drive [sic]. Since 1971, the Salvation Army has been operating a shelter at that address, and with us is Captain Hedgren, of the Salvation Army. During this period of time, the Salvation Army has been a good neighbor. There is no history of violations, complaints or problems in this property. At the present time, the Salvation Army is wishing to transfer ownership of that center to the Northwest Dade Center. The Northwest Dade Center has been in operation since 1979 and, again, has a clear record of support and service to the community. The current activity that has been approved by the City since 1971, at that particular address, is a walk-in shelter for homeless and derelict individuals. It is licensed for 250 beds. To operate as an emergency shelter -- that means walk-in individuals are accepted through the evening, and they stay for a temporary stay of anywhere from seven to sixty days. Under the new ownership, the proposed change will be to downsize the 250 beds to 75 beds, not to have any walk-ins, and to accept individuals only that have been treated in a crisis shelter at another location and are now ready to hold down a job and go through what is called transitional 56 February 23, 1995 housing. That is the proposed continued use at this address. By zoning right, in this zoning district, the applicant would be allowed to have the transitional housing. This transitional housing is for individuals who have already been stabilized and treated at another site, are holding down a job, or undergoing training in order to be prepared to enter the employment field again. And their stay at this facility would be from six to nine months, which is consistent with about the turnover in regular apartment building zoning. The only reason why we are before you for a public hearing is because the applicant feels that it would be an additional service to those individuals housed there in transitional housing, and a benefit to the neighborhood to have several other activities at that site, and that includes 24-hour supervision, training of this individual for employment and to enhance their employment opportunities, and to have their group therapy or individual therapy at the site. We feel that if this use has been in existence for a 250 level bed capacity, the downsize will deintensify the use in the neighborhood. For these reasons, we would ask you to support your staff who has found recommendation of approval for this change of zoning. I would like, at this time, to introduce to you Mr. Mario Jardon, who is the executive director of Northwest Dade, and would the group that would be in new ownership. Mayor Clark: Please do. Your name and address for the record. Mr. Mario Jardon: My name is Mario Jardon and I live at 10730 Southwest 31st Street. I am, by profession, a clinical social worker. I have been at the helm of the Northwest Dade Center since its inception in September 1979 -- that's 15 years. We presently employ 375 employees. We provide services to children, disabled adults and elderly persons throughout Dade County. We are a medical behavioral health care organization, accredited by the Joint Commission of Accreditation of Health Care Organizations. We operate programs that have received note in this community, such as the Sherman S. Wynn Rehabilitation Center, and we are case managers for Case Review Committees. We operate hospital programs, residential programs, outpatient — programs, whatever benefits this community, on a nonprofit basis. Mayor Clark: All right. Ms. Leiva: I would request the remainder of the time for rebuttal. Vice Mayor Plummer: Who's in objection? Commissioner Dawkins: What is in -- pardon me, Mr. Mayor, please -- what is in that site, now? Ms. Leiva: A 250-bed shelter for homeless men. Commissioner Dawkins: And that's run by whom, now? Ms. Leiva: By the Salvation Army, since 1971. Commissioner Dawkins: Where will the Salvation Army move its services now to? Ms. Leiva: Captain Hedgren from the Salvation Army will address that. Captain Steve Hedgren: Hi. I'm Captain Steve Hedgren, Area Commander of the Salvation Army. We are moving into a new consolidated site at -- I don't have the exact address -- on Airport Expressway and 22nd Street. We'll be doing that... Commissioner Dawkins: Airport Expressway and 22nd Street. Northwest? Captain Hedgren: Yes. 57 February 23, 1995 0 Vice Mayor Plummer: Twenty-second Avenue or Street? Captain Hedgren: I'm sorry, 22nd Avenue. Commissioner Dawkins: That's that big, pretty building that you people built there with the red top. Captain Hedgren: Yes, that's right. Commissioner Dawkins: Well, that's not the City of Miami, so I can't complain. Vice Mayor Plummer: Wait a minute, 22nd Avenue and the Airport Expressway? Captain Hedgren: It's right on the Airport Expressway. Commissioner Dawkins: That's not the City of Miami. Wonderful, no problem. Have a seat, sir, thank you. Vice Mayor Plummer: Are we talking about the 14th Street or the 36th Street Expressway? Commissioner Dawkins: No, 36... You know where the Metrorail is? Commissioner Gort: Thirty-sixth Street. Vice Mayor Plummer: Thirty-eighth Street. OK, that's in'the County. Commissioner Dawkins: It's just south of... that new... Vice Mayor Plummer: It's one block in the County. Commissioner Dawkins: Yes, south of there. Mayor Clark: All right, you'll have some rebuttal. Are there any objectors? Unidentified Speaker: Yes. Commissioner Gort: Let me... Mayor Clark: Go ahead, Willy. Commissioner Gort: Mr. Mayor, let me ask you a question. Have you all approached and talked to the neighbors about the changes you are planning to do? Vice Mayor Plummer: Talk to who? Mayor Clark: Have you spoken to the neighbors? Ms. Leiva: Yes, I spoke to these individuals that are here objecting prior to the hearing at the Zoning Board. Commissioner Gort: They are saying no. Ms. Leiva: I spoke to them before the Zoning Board, before the matter was ever heard. I discussed with them our planned... 58 February 23, 1995 0 ki Commissioner Gort: OK, never mind, never mind, never mind. Thank you. Ms. Leiva: ...and I explained to them the downsizing. Vice Mayor Plummer: Why don't you send her back to a meeting? Mayor Clark: All right, give us your name and address for the record. Mr. Daniel Rodriguez: My name is Daniel Rodriguez, and my address is 4660 Southwest 12th Street. Addressing your question: did she approach the neighbors? We're one of the neighbors. We're the only ones that she spoke to. She spoke briefly with my father, didn't exactly say what was going to be there. I would like to say... She keeps on emphasizing that what is there now is a 250-bed facility. She reemphasized that point a bunch of times at the Zoning Appeals Board meeting. It is not a 250-bed facility. It is a 75-bed facility. That is what's there, now. I walked through it. I counted the beds. Yes? Mayor Clark: Hold on, hold on. Go ahead, Miller. Commissioner Dawkins: The gentleman from the Salvation Army, would you come down, sir. The gentleman from the Salvation Army, would you come down. Captain Hedgren: Yes, it's presently... Commissioner Dawkins: Presently, how many people do you serve? _ Captain Hedgren: It's presently licensed for 250. Commissioner Dawkins: No, no, no. How many do you have...? Captain Hedgren: We presently have about 100 beds in there. Commissioner Dawkins: You've got a hundred beds, all right. OK. So you have a hundred beds. Captain Hedgren: Right. Commissioner Dawkins: We don't care what it's licensed for, OK. So it's a hundred beds. OK, go ahead, sir. Mr. D. Rodriguez: No, sir, it's 73 beds exactly. I counted them. Commissioner Dawkins: But it's licensed for a hundred. Vice Mayor Plummer: No. Commissioner Dawkins: OK, OK. Mayor Clark: He has a hundred and it's licensed for 250. Commissioner Dawkins: No, it's not. Vice Mayor Plummer: That's what he just said. 59 February 23, 1995 Mayor Clark: He said 100 occupied now. Commissioner Gort: It's licensed for 250. Captain Hedgren: It's licensed for 250. We presently have a hundred beds there. Vice Mayor Plummer: And he says 73 is what he counted. So you're playing the numbers game. Mayor Clark: OK, well... Commissioner Dawkins: So we don't have a full house. Captain Hedgren: The population fluctuates... Vice Mayor Plummer: Of course. Captain Hedgren: ...on a nightly basis. Commissioner Dawkins: Of course. Thank you, sir. Mayor Clark: You don't have a full house, you have two pair! Mr. D. Rodriguez: There's 73 beds, though. I don't know how much the population fluctuates, but there's 73 beds. Mayor Clark: OK, fine, 73. Mr. D. Rodriguez: What I wanted to say is that the proposed site for the center -- I don't know who's familiar with this area. It's a residential area. Mayor Clark: Hold it, hold it, hold it, just a minute. You people who are going to testify, please raise your right hand and be sworn by the clerk. You, sir, also, 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. Mr. D. Rodriguez: I don't know if you are familiar with the area, but it's a residential area composed primarily of families, many with children. It's only six blocks away from the Jose Marti Park and from the Centro Mater, which is a childcare and neighborhood center, run by the Headstart program. In the last 20 years, the area has suffered several property devaluations, and now it seems like it's getting a little better, and I believe this is definitely going to hurt the property value in the area. There's new construction for the first time in years. There's rehabilitation of apartment buildings. Our family owns several apartment buildings in the area. We own a marina directly across the street from that, and we are also building a marina adjacent to that marina. Mayor Clark: Let's get things straight. Mr. D. Rodriguez: OK. Mayor Clark: If they are moving out... 60 February 23, 1995 Mr. D. Rodriguez: I'm sorry. Mayor Clark: The Salvation Army is moving out. Mr. D. Rodriguez: Yes, they're moving out, no matter what. Mayor Clark: What's moving in? Mr. D. Rodriguez: The Northwest Dade Center. It's a mental health community center. Mayor Clark: OK, all right, fine. Mr. D. Rodriguez: OK, what I've done is... You asked them if they spoke to the neighbors. Well, I did. I wrote a petition and I passed it to the neighborhood. I went to all the property owners of the City block where this site is proposed, and I got petitions. I don't know if... Do you want me to read them, or do you want them? Mayor Clark: Just leave them with the Clerk. Mr. D. Rodriguez: OK. Vice Mayor Plummer: Do we have a map for the wall? Mr. Sergio Rodriguez (Assistant City Manager): No, we don't, because it was a change of ownership only. Vice Mayor Plummer: Oh, no, well, I mean, to show us exactly where all the people in opposition are. If there's not a map... If you don't have one... I just asked if we did, that's all. Mr. D. Rodriguez: OK, we collected petitions, also, from almost every tenant in every apartment building in the City block where this site is proposed. Everyone that we spoke to signed it. A lot of people couldn't show up. We asked for some of the tenants to show up and speak on behalf of this. Most people there are working people. They couldn't leave work to get here, or they were picking up the children at work. It was scheduled for three o'clock. I didn't know that we were going to be so far out. Oh, we also... besides, because last time they said that it was only property owners we had, we didn't have any representation from the tenants that live there. That's what I did. I went and got petitions from all the tenants. We also have petitions from all the property owners within the area. I have seventeen properties in the area... seventeen property owners in the area signed petitions. The total assessed value of all those properties is three million dollars, and last year those property owners paid almost $100,000. And all those people are opposed to it. Mayor Clark: All right, sir, we'll leave... Mr. D. Rodriguez: To transfer certificate of use. Mayor Clark: Let's see if there are other objectors, if they want to speak. Ms. Laverne Kreidt: I'm Laverne Kreidt, 5040 Southwest 60 Place. No, I don't live there. We own a strip about a block long on the river there, and we've been there a couple of generations. Now, when Salvation Army got this variance, it was for a one-time... It was specified by the City to be a one-time, nontransferable variance. Here we are, talking about transferring it again. It's true, what Salvation Army has been doing, as always, is well meaning, it's good, they do it better than probably any other organization in the country. Now, we've had this here since, as 61 February 23, 1995 they say, '71. I'm not certain exactly of the year, but we've been there all that time ourselves, and we have seen what these temporary residents do. It means that these people are in and out, all around, milling all about this area all the time. And I'm glad they've had a facility. But now, it has brought down the property values. It has caused more problems than I could enumerate. I'm sure if you checked with the... Well, anything I say almost sounds like name calling. But if you check with the authorities, I think you'd find it wasn't necessarily a cool, calm, and collected place to be. I think it's time, since this was a one-time variance, to give us a break. We have done our thing. Admittedly, this is a NIMBY (not in my back yard). You all... I know you're dealing with another NIMBY, but we've done more than our share. Mayor Clark: All right. Ms. Kreidt: By your own declaration, as I understand it, you all have decided that you would not allow any more of such facilities within the City until the surrounding communities have taken their fair share. Vice Mayor Plummer: That's new ones. Ms. Kreidt: Well, this is new. What we're talking about with the Salvation Army is a one... Commissioner Gort: No, no, it's a transfer, a one-time variance. Vice Mayor Plummer: Just clarifying the ordinance. Ms. Kreidt: I understand that, but I know and I assert that this is a new one. This is a non- transferable variance. We're talking about a new variance for this. Mayor Clark: We understand your complaint, and we appreciate you being here today. Thank you, ma'am. Other objectors? Ms. Kreidt: Do we... Do I not have rebuttal time? Mayor Clark: No, ma'am, you don't have rebuttal time. You do not have rebuttal time. The plaintiff speaks, you speak, they rebut, we come to a decision. That's the procedure. Vice Mayor Plummer: The question is, if you have more to say, say it now. Mayor Clark: Right, If you have something... Ms. Kreidt: Well, I thought he was telling me I couldn't say any more. Mayor Clark: No, no. Vice Mayor Plummer: No, no. Commissioner Gort: Yeah, go ahead. Vice Mayor Plummer: You got more to say, say it now. Mayor Clark: Our time is your time. Ms. Kreidt: Thank you, Mr. Plummer. I'm sorry. All of this has just shot me down. Commissioner Gort: You know, the main thing is, what are your main worries, what are your biggest problems, and state that. 62 February 23, 1995 Ms. Kreidt: I'm worried about the climate of the river. Everyone here and everyone in the Zoning Board wants to redevelop the river. They have... They have stilted things as they go by regulating things to death, as they do sometimes in Washington, so on and so forth, and Washington has learned better and all, OK. Now, what the City wants to do is revitalize the river, and redevelop it in other ways than what it has been. This is an opportunity. You're not going to be able to do that by continually breaking... Step -zoning, we haven't had step -zoning. We've begged for step -zoning along the river, and we've not had it, and therefore, things have been difficult. Also, adding this kind of thing, there's no way on God's green earth you're going to be able to attract restaurants and that sort of thing with this, and we want to do that. The Rodriguez family, they have tried, they've begged, they've been going through procedures for four years, but now, this presents a wonderfully ripe opportunity. Give us a break. It's our turn. Guys, we've done our time. Mayor Clark: Thank you, ma'am. Do other objectors wish to speak? Other objectors have the opportunity to say their piece. Mr. Wallace Kreidt: I'm Wallace Kreidt, and I live at 5040 Southwest 60th Place. I was born and raised here, and I've been in that area probably since 1948, when I came back from the service. I had businesses there, and I have a business there now. That area has deteriorated. It started out, probably about 1965, it started going down, down, down, and it's at the bottom now. Ever since the Salvation Army was put there, every... four o'clock, five o'clock, you see all these people walking back and forth. And we already have one halfway house not more than 200 feet from the Salvation Army on the... south of the Salvation Army, and... Commissioner Gort: Right across from the park. Mr. Kreidt: ... I think we have enough of them. And this is a time that we could better this area by letting them move some place else. Thank you. Mayor Clark: Thank you, sir. Let's see if anyone else wants to speak. Yes, ma'am. Ms. Rossana Rodriguez: Hi. My name is Rossana Rodriguez Vilar, and I live at 5835 Southwest 45 Terrace. My family, as was stated before, we have bought a few marinas in the area, a few apartment buildings. And my brother and I, we made. up these petitions, and we walked up and down, and all these tenants, all the property owners, everyone seemed to want to sign these petitions. We have bought, as stated before, many different properties, and what we plan to do with this was put in a lot of money, make either restaurants... Our friends across the river came up with Garcia's Restaurant Seafood Grill, and they're doing very well. We wanted to do the same for our side of the river. And we feel that if this comes in and they move into the spot where the Salvation Army is, it's just going to take away from what we're trying to do. We're trying to make this a place for Miami to expand, in reality, and make it a better place. Because for now, as you all know, tourism is increasing more and more every day to Miami. Bayside is there, Miami Beach is very big. They need a new place. And what we're trying to do is make the Miami. River a beautiful place, like the same way as the San Antonio River, where you get there, and you can shop, you can go to restaurants, you can do whatever you want on that river. We're trying to make the Miami River a pretty place for Miami, and I think that what we're trying to do should maybe be granted for that sake, just to make Miami a better place to live, and to make... attract more tourists to Miami. Mayor Clark: All right. Thank you, ma'am. Other objectors wish to have their statement made? You have two minutes of rebuttal. Ms. Leiva: Thank you, Mayor Clark. First of all, my research in City records, and, I believe, the research of your staff did not find that this use was there through any variance. This use was 63 February 23, 1995 there in 1971, before this type of use was limited or conditioned in any fashion. Number two, the area is residential apartments. It's all apartments. And you have also heard from commercial interests in the area, but no neighbors from the area. Also, Commissioner Gort, I could not communicate with any other neighbors, because, in fact, there were no objectors returning their cards from the neighborhood. The gentleman spoke of his concern about what happens there between five and six o'clock in the afternoon. As I told you, the current use is for walk-ins. The use that will be given to the facility will be by referrals only. There will be no walk-ins. I also would like to point out, once again, that the zoning district allows for transitional housing. So we really do not need to be here, and I'm not here before you for the purposes of having that transitional housing there. We are here because we feel that we can run a better program by having and giving to those individuals who will be tenants, just like all the other tenants in the apartment buildings, additional services, such as 24-hour supervision, training for re- employment into the work force, and individual, as well as group therapy. And we feel those three components, which are the three components that require this hearing and this special exception, are programs that will not only assist the tenants that will be there on transitional housing, but will also give further assurances to the neighbors that we will be on top of those tenants that will be there, and that's the reason why we would ask you to grant this special exception. Mayor Clark: All right. Thank you, ma'am. The public hearing is now closed. What's the pleasure of the Commission? Vice Mayor Plummer: Let me ask a couple of questions. Mayor Clark: Sure. Vice Mayor Plummer: I guess there's two areas that I'm concerned about, and I'll... If staff can answer it, fine. If they can't, then I'll go somebody else. The proposed use to take over... I heard the word, "mental." Is this in any way like what we fought on Flagler Street? Is this... Is this in any way, the people are not completely... I don't want to be detrimental in what I say. Are these people a problem, a mental problem, to your knowledge? What I'm saying is, are... You know, we have people that have mental problems, and we have people that have mental problems. OK? Mayor Clark: Now, this is the question to you. Vice Mayor Plummer: The question I'm asking of staff, do you know the answer, yes or no? Mr. Joe McManus: No, no. Vice Mayor Plummer: OK. Then I'll ask them. Ms. Leiva: No. What was before you on Flagler or First Street was a crisis center for individuals who were in a crisis situation. Vice Mayor Plummer: Are these people here committed, or they come of their own free will? Ms. Leiva: No. They come of their own free will. It's called transitional housing. These are individuals who are working or are in educational programs getting their life in order, and they have been stabilized, if you would, and prepared to reenter the work force at another program altogether. Vice Mayor Plummer: OK. It is not a lock up type facility. 64 February 23, 1995 Ms. Leiva: Absolutely no. Vice Mayor Plummer: They can walk in and out as they wish. Ms. Leiva. Absolutely. Vice Mayor Plummer: OK. Ms. Leiva: That's why they would be allowed... Vice Mayor Plummer: The second problem, as I see it - OK? - and if I were in the neighborhood, and I grew up, remember, I grew up in that neighborhood. I think the greatest fear that I hear, other than the fact they'd like it out, my thinking is that if you don't... If we deny this, the Salvation Army is just going to stay there. They're not going to move out. Well, you say yes, maybe no. I don't know. Only they can answer that. The... (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Vice Mayor Plummer: Well, that's what I was going to do. But the other area that I think is the thing that Miller brought out, is they've never had 250 there. They're scared that if they allow this thing to go back in - I would be concerned - but if they only have 73 beds now, that the next week, it's going to be 100 beds, then the month after that, it's going to be 250 beds, which they can have. And that kind of density is absolutely horrendous. I think as I... that I think before... I think that you really need to have conducted by the City a meeting to let everybody air out what they have in mind. And that would be what I would hope, there maybe could be... As my old _ friend said, the art of politics is compromise. Maybe there is an area of compromise, maybe not. Commissioner De Yurre: J.L., why don't we hear it right now? Let's get this over and done with. Mayor Clark: No. We can't do it now. Commissioner De Yurre: What else is there to say? Ms. Leiva: Commissioner, we... Mayor Clark: Well, they haven't compromised yet. They're still battling. You have a motion, J.L.? Commissioner Dawkins: I want one question, please, Mr. Mayor. Mayor Clark: All right, Mr. Dawkins. Commissioner Dawkins: The gentleman... What's your name, sir? Come to the mike, please. Mr. Jardon: Yes, sir. Commissioner Dawkins: You said you employee how many people? Mr. Jardon: Three hundred and seventy, thereabouts. Commissioner Dawkins: Three hundred and seventy? Mr. Jardon: Three hundred... Yes, over 350. 65 February 23, 1995 Commissioner Dawkins: And you are not... You don't make any services at the center we're talking about now. Mr. Jardon: None at this center. Commissioner Dawkins: So therefore, are you planning to add some jobs? Mr. Jardon: Absolutely. Commissioner Dawkins: Well, then, see, you need to say this, because... Mr. Jardon: Yes, sir. Commissioner Dawkins: ... I don't want you to come up and say, this will create 370... I'm going to employe 370 people, and then the people say that this is going to create 370 jobs, which it won't. Mr. Jardon: This will create about 25 jobs on that site. Mayor Clark: That's being truthful. All right. Commissioner Dawkins: No further questions. Mayor Clark: Further discussions. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes. Vice Mayor Plummer: Mr. Mayor, my motion would be that the City conduct a town hall meeting to have the people of the area - and they have that opportunity - to go and to sit down with the people that are involved. Let the City draw all of the pictures that need to be drawn to bring out all that needs to be brought out, and come back here on March the 23rd. Ms. Leiva: May I? Vice Mayor Plummer: Sure. Commissioner Gort: Mr. Mayor, I'll second that motion, and I will second it for the following reason. We have found it to be very beneficiary for the people to get together. I think you got your property owners in the area that might be, might not be your neighbors, that they got some worries, and they got some concerns. And I think if you guys come together, maybe you can come up with a better plan, by getting all your things together. Mayor Clark: All right. Commissioner Gort: I've always found that has worked out for the benefit of everybody. Mayor Clark: Call the roll. Ms. Leiva: If I may enter something on the record. First of all, all our neighbors within a 350- foot radius were notified. 66 February 23, 1995 Commissioner Gort: Vicky, I'm ready to vote against it now, if you push me to that. I'll vote for... Ms. Leiva: And I just need to put on the record for one reason. CDBG (Community Development Block Grant)... Commissioner Gort: OK. You got some petitions in there. Commissioner Dawkins: Call the roll. Ms. Leiva: CDBG funds are being utilized... Commissioner Dawkins: Call the roll, Madam Clerk. Mayor Clark: Please. The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO. 95-149 A MOTION DIRECTING THE ADMINISTRATION TO HOLD A COMMUNITY MEETING FOR THE NEIGHBORS OF THE PROPERTY (CURRENTLY THE SALVATION ARMY BUILDING) AT 250 N.W. SOUTH RIVER DRIVE IN ORDER TO GIVE THE RESIDENTS OF THAT AREA AN OPPORTUNITY TO RESOLVE THEIR DIFFERENCES OF OPINION IN CONNECTION WITH A PROPOSED FACILITY AT SAID ADDRESS, FURTHER INSTRUCTING THE ADMINISTRATION TO SCHEDULE THIS ITEM FOR COMMISSION CONSIDERATION AT THE MEETING PRESENTLY SCHEDULED FOR MARCH 23, 1995. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Next item, 24... Vice Mayor Plummer: OK. Mr. Mayor, the only thing that I would ask is staff, that you have a meeting, subject to, prior to our next meeting so this matter can be finalized on March 23rd. 67 February 23, 1995 6 0 Mr. McManus: 23rd. Mayor Clark: If not, then we'll get it finalized at a regular date. Mr. Rodriguez: For March 23rd. ---------------------------------------------------------------------------------------------------------------- 20. (A) REVOKE VARIANCE GRANTED, PURSUANT TO RESOLUTIONS 91-92, 91-779 & 92-268 -- APPROVE RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS FOR PROPERTY AT 1801-1859 BISCAYNE BOULEVARD -- DIRECT ADMINISTRATION TO DEMOLISH BUILDING AT SAID ADDRESS -- FUND DEMOLITION FROM $250,000 CASH BOND POSTED BY MIAMI CHINESE COMMUNITY CENTER, LTD. (MCCCL), AND RETURN BALANCE TO MCCCL. (B) DISCUSS REQUEST FOR REFUND OF BUILDING PERMIT FEES (LESS 30%), TOTALLING $20,884.15 IN CONNECTION WITH PROPERTY AT 1801-1859 BISCAYNE BOULEVARD. (Applicant: Miami Chinese Community Center, Ltd.) -------------------------------------------------------- ------------------------------------------------------- Mayor Clark: Next item, 23. Mr. Joe McManus: Mr. Mayor and members of the Commission, item 23 and 24 are companion items. Item 23 is a request... Mayor Clark: For a refund. Mr. McManus: ... for a refund of a cash bond, that certain covenants be revoked, and... Mayor Clark: How much is the cash bond? How much is it? Vice Mayor Plummer: Two -fifty. Mr. McManus. Two -fifty. Vice Mayor Plummer: Mr. Mayor, if I may. Mayor Clark: Yes. Vice Mayor Plummer: Mr. Gort, I want you to hear this. I guess I've had the unfortunate scenario for a long time of dealing with this, and had all the aspirations and hope that the developer had. It has not worked out. Mr. Mayor, I would propose, and I would hope that for the people of the area, the historic association, who have been down here on any number of occasions, that we, the City, would take it on our own to get the demolition done, pay for it, and then give the proposer back the balance afterwards. I have had too many promises made to this Commission that have not been kept, and it wasn't intentionally not kept, but I'm saying, when I have the money, I'm in the driver's seat. If I relinquish that money, we may or may not get it done. So I'm hoping to make sure that the people of that area get what they've been asking for for a long time; that we supervise the demolition, we put it out to bid, get the thing done, give them the balance, and I -would be making that motion at the conclusion, hopefully. - 68 _ _ February 23, 1995 Mr. Sergio Rodriguez (Assistant City Manager): Commissioner, if I may. Mayor Clark: Mr. Dawkins. Commissioner Dawkins: You know, I'm lost, J.L. Vice Mayor Plummer: OK. Let me help you find your way. Commissioner Dawkins: Ever since we've been in this, the proposed development wanted to clear the land, period. It is the people whom you're talking about satisfying now who constantly did not want the land cleared. Now, I hear you say, we must take money and clear the land, so the people who want it cleared... wants it cleared. So will you clear that up, clear that for me? Vice Mayor Plummer: Yeah, let me help you on that. Commissioner Dawkins: Yeah, please. Vice Mayor Plummer: They started doing a part of it. Back in the time when they were here arguing, there was nothing done. Then they started and commenced to do some demolition, and it was stopped halfway in the middle. And what they're saying now is, let's get it cleaned up, let's get it back so it's a neighborhood that we can be proud of, which, technically, it can't be now. All I'm saying is, he's asking you to give the money back and let him do the cleanup. I'm saying, let us do the cleanup. We'll pay for it out of that money of the bond, and we'll reimburse him. As a matter of fact, I think we'll get it done quicker. I don't want to get out of the driver's seat. We're doing the same thing to the ultimate end. But as long as I got that pocketbook... Commissioner Dawkins: OK. All right. What's the time limit... What's the time limit you set on the City of Miami clearing it and giving the money back? What's the time limit you'll give us to get it, the City, to get it done? Vice Mayor Plummer: Ninety days. Mr. Rodriguez: If I may, I have to clarify something on the record. Vice Mayor Plummer: Sure. Commissioner Dawkins: Please, sir. Mr. Rodriguez: Because this building has been declared an historic building, there is a six- month demolition that cannot be triggered until the Heritage Conservation Board reviews this. We make an application to the board. They can delay it for six months, and then after that, we can go and proceed to go for bidding. Commissioner Dawkins: Why can't we let the Heritage Preservation Board destroy it after they don't want it? You know, we keep letting them tell us, you can't do what you want with your own property. And then, J.L., when it comes to the end, we have to end up biting the bullet and paying for it. Vice Mayor Plummer: Well, you know, if, in fact, the Historic Preservation Board were to vote against that demolition, we need to replace that board. Commissioner Dawkins: Well, they are. Vice Mayor Plummer: That is a disgrace up there, it is wrong, and they, in my estimation, could not vote not to allow that demolition. 69 February 23, 1995 Commissioner Dawkins: Well, they can. Mr. Rodriguez: Well, one option, though. If you remember the agreement that the owners of the property at that time was that in dealing with the Historic Preservation... Historic Trust, they said that they would put back the building in the condition that it was before they started demolishing the building. We believe that that condition is very difficult to be followed, because the building has been neglected for such a long time by the new owner that that is very difficult to be done. But we do believe, though, that the building can be saved at this point, if we apply the $250,000 bond to clean up the building, paint it, fix it, and secure it properly, and that way, the building will be saved. Commissioner Dawkins: Saved it for what? Mayor Clark: Please, please, he's got a motion. Vice Mayor Plummer: Hey, you know, all I got to tell you, very simply, is Watson Island, with the old brick building, has been there for five years. It's a rundown place. It's an absolute... And you people don't do a damn thing about it. It's a disgrace. Commissioner Dawkins: What's your motion, J.L.? Vice Mayor Plummer: I move at this time that the City proceed to do what is necessary to bring about the complete satisfaction of that location, the money be paid for out of the bond, and the remainder of the money be given back to the poster of the bond. Mayor Clark: Is there a second? Commissioner Dawkins: Second. Commissioner De Yurre: Mr. Mayor, I need to ask a couple of questions. Mayor Clark: All right. Commissioner De Yurre: What is the purpose, Sergio, of the cash bond? Mr. Rodriguez: The purpose of the cash bond, the $250,000 bond was in case they failed to provide... Ms. Lucia Dougherty: Parking. Parking. Mr. Rodriguez: ... the conditions of the variance, which was to do parking. Vice Mayor Plummer: Parking. Commissioner De Yurre: OK. And have they failed, or have they come through? Mr. Rodriguez: They haven't provided the parking. Commissioner De Yurre: Have they failed or not? Ms. Dougherty: We haven't built the building. Commissioner De Yurre: Did they do it or not? 70 February 23, 1995 Mr. Rodriguez: I'm sorry. I cannot hear you with... Mayor Clark: We're here right now to discuss the issues like that, but the cash bond is the discussion. Commissioner De Yurre: OK. That's what I... I just need to know, first of all, what the purpose of the cash bond was. Vice Mayor Plummer: You're only half right. Let me... Can I answer it for you, as I remember it? Commissioner De Yurre: Well, if he doesn't know, then you can answer. Mr. Rodriguez: I know. I'm trying to answer, but it's just... Vice Mayor Plummer: I just... Commissioner De Yurre: Well, then, let me have it. Mayor Clark: Please. Commissioner De Yurre: What is the purpose of the cash bond? Mr. Rodriguez: The purpose of the cash bond was precisely that, if they didn't fulfill the agreement by which they received the variance, and a special exception, that we had something to fall back on... Commissioner De Yurre: OK. Mr. Rodriguez: ... the $250,000 to provide for the parking that they were not providing at that time... Commissioner De Yurre: OK. Are you saying then... Mr. Rodriguez: ... to make sure that the approval that you gave was complete, and to support that. Commissioner De Yurre: Now, my next question. This failure that you're talking about for which the cash bond was given, was that going to come into play, if they fixed up the building, and then there wasn't sufficient parking? Vice Mayor Plummer: No. Ms. Dougherty: Correct. Commissioner De Yurre: Or did it come into play no matter what happened, if they didn't do what they were supposed to do, for which you have the cash bond? Mr. Rodriguez: There are two reasons why the bond had been mentioned. One is when it was proffered by the applicant the first time, to make sure that the parking would be available, if they were to go ahead with the building. Commissioner De Yurre: If they were to go ahead with the building. 71 February 23, 1995 Mr. Rodriguez: But when they came to the Commission and there was an appeal made by the Historic Trust, at that time, the Historic Trust dropped their appeal with an agreement that they made among themselves, you know, with the... with Chinatown applicant, Mr. Shih, by which, if they were not to preserve the building... If they were not to continue with the project, they would preserve the building, and put it back to the way the building was prior to the demolition that they started. Commissioner De Yurre: OK. And that money would come out of this cash bond. Mr. Rodriguez: It would come from the cash bond. Commissioner De Yurre: Is that what J.L., his motion is all about? Vice Mayor Plummer: That's correct. Mr. Rodriguez: Well... Commissioner De Yurre: Is that your motion, J.L.? Vice Mayor Plummer: Yes, sir. Commissioner De Yurre: OK. Fine. Ms. Dougherty: No. Mayor Clark: Second? Commissioner De Yurre: Second. Mayor Clark: Please. Ms. Dougherty: Mr. Mayor, if I could be heard on this. Commissioner De Yurre is absolutely right. And the agreement that we made with the Historic Preservation Trust is something that we have to deal with, but it has nothing to do with the City. In other words, we never made that agreement with the City, and specifically, the City didn't want to be a part of that agreement. And that bond... Vice Mayor Plummer: We don't want to now. Ms. Dougherty: That bond was to secure and make sure that there was parking when the building got built. And since the building didn't get built, we are asking for the return of the money. We, however, agree with the Administration's recommendation that you could use that bond to renovate... not renovate this structure, but to secure the structure, and return the funds to Mr. Shih. The only difference is, from J.L.'s motion and that, the Administrative recommendation, is that whose trust... What the Administration recommendation was is that the money be taken to our trust account. We would then pay the contractors with the concurrence of the City. Vice Mayor Plummer: I don't want to lose... I lose control. No, no. Ms. Dougherty: We, however... Commissioner De Yurre: Now, that's not a good idea. 72 February 23, 1995 Ms. Dougherty: It's fine with us if the City wants to retain the money and pay for it, but there's another issue here, and that is the building permit fees. We also paid building permit fees, and we also paid application fees. Vice Mayor Plummer: So? Ms. Dougherty: Every time we came here, we paid application fees for people to review the applications. Vice Mayor Plummer: .And we'd like to thank you. Ms. Dougherty: Now, the City wants to... doesn't want to return our building permit fees... Vice Mayor Plummer: No. Ms. Dougherty: ... even though we've never taken advantage of them. .And remember, building... Commissioner De Yurre: But you did pull a permit. And that had like... Ms. Dougherty: Yes, but we didn't have any of the inspections. None of the... Commissioner De Yurre: No, but did you have a time period on it? Ms. Dougherty: Yes. Commissioner De Yurre: Has it expired? Ms. Dougherty: But it's still alive, because you renovated it. In other words, the building permit, it never... Commissioner De Yurre: Because you've been asking us to all the time. Ms. Dougherty: Exactly. But we are asking now for the return of our building fees. Commissioner De Yurre: No. You can't have everything in life, Lucia. You can't have everything all the time. Vice Mayor Plummer: We appreciate it. Ms. Dougherty: We just want something. You're keeping our $250,000. Commissioner De Yurre: Now, the other point is, Mr. Mayor... Ms. Dougherty: And let me just show you one thing. Commissioner De Yurre: Let me make a point here. I'm not in a position to have a building secured so that it's going to be an eyesore, you know. Commissioner Dawkins: I thought we were going to push it down. Commissioner De Yurre: So either, you know, we refurbish it or we do something, but I'm not one to leave it as is. 73 February 23, 1995 0 Vice Mayor Plummer: That's it. Commissioner Dawkins: What do you say? Push it down, or secure it, J.L.? Mayor Clark: Yeah. Tear it down, tear it down. Vice Mayor Plummer: Whatever the Administration... Commissioner Dawkins: Push it down. Vice Mayor Plummer: Push it down, as far as I'm con... Ms. Dougherty: May I just read this one agreement? This is a minutes of a meeting with the City Administration in which they said that in the event we don't go forward with our project, they said that they would retain... I mean they would return to us 30 percent... I mean they would retain 50... 30 percent, and return 70 percent of the building permit fees. Commissioner De Yurre: Wait a minute. Who said that? Mayor Clark: The buck stops here, though. You know that, Lucia. The buck stops here. Commissioner De Yurre. No, but who said that, Mr. Mayor? Who said that, Lucia? Ms. Dougherty: This is the staff. This is the staff minutes. Commissioner De Yurre: Oh. Just like you're dealing with the board, you're working out your own deal and you worked it out with them, but not with us. You're asking us to stay out of something because it has something to do with you and somebody else. Vice Mayor Plummer: Yeah. Since they promised it to you, ask them for a check, because we're not issuing one. Ha -ha-ha. Mayor Clark: The buck stops here. Mr. Rodriguez: Well, you need a clarification on this issue. Mayor Clark: Well, he can get a motion here pretty soon. Commissioner Dawkins: We have a motion. Vice Mayor Plummer: I made the motion. Mayor Clark: Yeah. All right. Mr. Scott Warfman: May I be heard? Mayor Clark: Who are you, sir? Mr. Warfman: My name is Scott Warfman. I represent the Dade Heritage Trust. Mayor Clark: Are you an attorney? Mr. Warfman: Yes. 74 February 23, 1995 Mayor Clark: What's your address? Mr. Warfman: 1101 Brickell Avenue. Mayor Clark: All right. Vice Mayor Plummer: Have you been sworn in, sir? Mr. Warfman: No. Vice Mayor Plummer: Madam Clerk, would you swear him in? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Warfman: First, I wanted to state for the record that the Dade Heritage Trust requests that the City keep the $250,000 cash bond for the purpose of guaranteeing a promise made by Mr. Shih and his companies to the Dade Heritage Trust that he would use that money to restore the facade of the Priscilla Apartments. And in the event that the City declines to retain the bond for that purpose, the Dade Heritage Trust wants to state for the record that there is a contract between Mr. Shih and his companies and the Dade Heritage Trust that those monies are earmarked for the restoration of the facade, number one. Mayor Clark: All right. Mr. Warfman: Number two, there was a statement made by the Commission, one of the Commissioners, that the preservationists are in favor of clearing the land and demolishing the property. Just so the record is clear, the Dade Heritage Trust wants to restore the facade of the Priscilla Apartments to the position it was in before it was demolished without the appropriate permits. And one of the reasons that the City now has control over this $250,000 is that the Dade Heritage Trust appealed the decision of the Zoning Administrator successfully to the prior Commission. And however you... Whatever you decide to do with the money, I think it's... there's an equitable notion that one of the main reasons you've got control over this $250,000 purse is through the efforts of the Dade Heritage Trust. If you do elect to demolish the building, I think the Dade Heritage Trust should get some kind of advantage by persisting in its efforts to do what it could to preserve historical structures in the City. Mayor Clark: All right. Mr. Dawkins. Commissioner Dawkins: Mr. Rodriguez. Mr. Rodriguez: Sir. Commissioner Dawkins: I know you can't give me an exact figure. What would you estimate it would take to bring that building up to Code, where it would be safe and usable? Give me a figure. Mr. Rodriguez: Useful, I would say very close to $250,000, sir. Vice Mayor Plummer: Ha! Ms. Dougherty: No, millions, millions. 75 February 23, 1995 0 Mr. Rodriguez: If it is useful. If it is only safe, so that we will not demolish. Commissioner Dawkins: No, no, no. Safe and usable, rentable, where somebody could go into... Vice Mayor Plummer: Well, what good is it if it's not usable? Ms. Dougherty: Millions. Commissioner Dawkins: No, no. What would it take to bring that building up where you could , lease it, or where the Heritage could show it off, and people could go into it, and what have you? How much money? Mr. Rodriguez: Then my figures are wrong. I would say probably close to half a million dollars. Commissioner Dawkins: Half a million dollars. Thank you. Ms. Dougherty: No. Much more. Commissioner Dawkins: Now, is the Dade Heritage Trust prepared to provide the other $250,000 to bring that up to Code? Mr. Warfman: First of all, it's not... Commissioner Dawkins: Yes or no? Mr. Warfman: It's a misunderstanding here. Commissioner Dawkins: No, it's not a misunderstanding. Mr. Warfman: Now, the misunderstanding... Commissioner Dawkins: No, sir. I asked... I only asked one simple question. Is the Dade Heritage Trust prepared to put the other $250,000 with the present $250,000 to make this a beautiful structure on Biscayne Boulevard, in the structure where it was, where we can enjoy it? Mr. Warfman: Are you asking us if the DHT (Dade Heritage Trust) have $250,000 to put into the building of its own money? Is that what you're asking? Commissioner Dawkins: Yes. Mr. Warfman: It's got the capability to raise money... Commissioner Dawkins: No, no, no. Mr. Warfman: ... but it does not have $250,000. Mayor Clark: Well, you answered the question. Commissioner Dawkins: Yes, sir. OK. Mr. Warfman: I'm not sure... I don't understand your question. It doesn't make sense to me. 76 February 23, 1995 Commissioner Dawkins: OK. All right. Let me take it as... as I possibly can... Mr. Warfman: The premise, the premise that it's $500,000 to bring this... Commissioner Dawkins: I'm going to ask... I'm going to ask you in simple English, OK? You want to build... not you. I don't mean you, now, see, personally. Mr. Warfman: I understand that. Commissioner Dawkins: The Dade Heritage Trust wants the building restored. OK? Mr. Warfman: They want to restore the facade. Commissioner Dawkins: Beg your pardon? Mr. Warfman: They want the facade restored, so that whoever builds a structure there... Commissioner Dawkins: OK. What... All right. Mayor Clark: Just to look at the facade against the building. Commissioner Dawkins: So you restore the facade outside of the building. What are we going to do inside of it? Mayor Clark: Nothing. Vice Mayor Plummer: Yeah. It's going to be a nice looking crack house. Mr. Warfman: Well, that's... You're going to have to have someone... Someone is going to have to come in and build a building there. That's... Commissioner Dawkins: That's what I'm saying. And where will... Mr. Warfman: That's why the... Commissioner Dawkins: Where is the money coming from to do this? Mr. Warfman: Well, the same place... Vice Mayor Plummer: I mean, you're talking about having a nice looking crack house. Mr. Warfman: The same place where the money is going to come from, who is, obviously, going to develop the land. Mayor Clark: All right. Commissioner Dawkins: No, but if we push it down, I can get me a developer. If I push all that down, I can get a developer who will come in and put up something... Even Norman Braman may decide to come in. Mr. Warfman: Then it's two points. The two points is, first of all, if you decide to raze the building, raze what remains there, because it is just an empty shell, that is not... That is contrary to what DHT wants. But if you do that... 77 February 23, 1995 0 Mayor Clark: Well, I know what you want and what you get is two different things Commissioner Dawkins: Thank you. Thank you, Mr. Mayor. Mr. Warfman: Fine. But if you do that, I think it would be fair if you give some kind of consideration to the Dade Heritage Trust and its efforts at preservation when you decide to disburse the cash. Mayor Clark: We have a very famous failing. You know what it's called? "Funds are low." We don't have the money, you don't have the money, so what do we do? Mr. Warfman: But Dade Heritage Trust has been instrumental... Mayor Clark: Well, I know that. Mr. Warfman: ... in the City having the capability to control these funds. Commissioner Dawkins: OK. Well, you know what I'd like... I'm going to say this, and this is only Miller Dawkins' opinion. The Dade Heritage Trust is why we don't have a project on that land now. That's my personal opinion. Mr. Warfman: I think that's wrong. Mayor Clark: All right. We got a motion on the floor. Vice Mayor Plummer: Well, excuse me, excuse me. I got problems with Dade Heritage Trust, but that's not the reason. Mr. Warfman: You all have problems with it. Vice Mayor Plummer: Let me tell you. This started out... Let's recall just a moment of history. When this thing first came before this Commission, we were talking a $100,000,000 project. Then it went down to a $50,000,000 project. And the next thing you know, it's over to an $8,000,000 project. And the next meeting you know, it's a $1,000,000 project. The man couldn't come up with $1,000,000 to guarantee. He tried to put up a condo. That didn't work. I mean, so it's not... You know, Heritage Trust came in at the very end... Commissioner Dawkins: No. Vice Mayor Plummer: ... in all honesty, Miller. Commissioner Dawkins: No. Heritage Trust came in, and this gentleman had investors who backed out when they found out how much bureaucracy it took to get something done. And the man... You're right. The $100,000 continued to dwindle, because his investors said, I'm not going to fight with the City of Miami, and all of that, and they left. Mayor Clark: Motion on the floor. Please, what's the motion, J.L.? Vice Mayor Plummer: The motion is that the City proceed with the bidding procedure for the demolition through the board, whatever is necessary, procedures that we have to do, that the matter be taken and done, and that the balance be given back to the... to the... Mayor Clark: All right. That's the first item. 78 February 23, 1995 Commissioner Dawkins: I second. I second. Mayor Clark: Call the roll. Commissioner Dawkins: With the stipulation that it be done in 90 days. Mayor Clark: Call the roll. Mr. Rodriguez: It cannot be done. Vice Mayor Plummer: Excuse me. I hope it can be, and if it... Miller, I will agree to the wording, because of the law, as soon as practical... Commissioner Dawkins: OK. I second. Vice Mayor Plummer: ... but no longer than six months. Commissioner Dawkins: I second. Mayor Clark: Roll call. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-150 A RESOLUTION, WITH ATTACHMENTS, REVOKING THE VARIANCE GRANTED PURSUANT TO RESOLUTION NO. 92-92, AS AMENDED BY RESOLUTION NOS. 91-779 AND 92-268; APPROVING THE RELEASE OF THE DECLARATION OF RESTRICTIVE COVENANTS DATED APRIL 20, 1992 AND THE RELEASE OF THE DECLARATION OF RESTRICTIVE COVENANTS DATED DECEMBER 14, 1992, FOR THE PROPERTY OWNED BY MIAMI CHINESE COMMUNITY CENTER, LTD. ("THE OWNER"), LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA; DIRECTING THE CITY ADMINISTRATION TO: (1) INITIATE DEMOLITION PROCEEDINGS OF THE BUILDINGS LOCATED AT SAID PROPERTY, SAID DEMOLITION TO TAKE PLACE AS SOON AS PRACTICABLE, BUT NO LATER THAN SIX MONTHS FROM THE DATE OF ADOPTION OF THIS RESOLUTION AND TO BE FUNDED FROM MONIES POSTED AS A $250,000 CASH BOND BY THE OWNER; AND (2) RETURN THE BALANCE OF SAID MONIES REMAINING AFTER COMPLETION OF THE DEMOLITION, TO THE OWNER, FURTHER, AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 79 February 23, 1995 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------- 21. CONTINUE AGENDA PZ-24 (PERSONAL APPEARANCE: REPRESENTATIVE OF MIAMI CHINESE COMMUNITY CENTER TO REQUEST REFUND OF BUILDING PERMIT FEES, LESS 30%, FOR PERMIT NOS. 92-0006777, 91-0020432 AND 92-0006758, TOTALLING $20,884.15 FOR PROPERTY AT 1801-1859 BISCAYNE BOULEVARD). ---------------------------------------------------------------------------------------------------------------- Mayor Clark: On the refunding of the building permits. Vice Mayor Plummer: On the building permits, I'd like to hold that up until we get the demolition done and we get the bids back in. Mayor Clark: You may get some money back. Vice Mayor Plummer: I'll move to defer that item. Commissioner Dawkins: OK. Mayor Clark: Second? Commissioner Dawkins: Second. 80 February 23, 1995 Mayor Clark: Cast a unanimous ballot. THEREUPON, ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, ITEM PZ-24 WAS CONTINUED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Next item on the agenda, item number 24. Commissioner Dawkins: That's the same thing. Vice Mayor Plummer: Wait a minute, excuse me. They're telling me they can't do it in six months. You can get the bid. Commissioner Dawkins: That's the same thing. Vice Mayor Plummer: OK, fine. Mayor Clark: OK. Twenty-four, we handled that. Commissioner Dawkins: It's a companion, Mr. Mayor. Mayor Clark: All right. Twenty-five. Commissioner Dawkins: Withdrawn. Twenty-six, 27 withdrawn, Mr. Mayor, 28, 29. The last one is 30. Mayor Clark: All right. Vice Mayor Plummer: What happened to 25 through 29? Mr. Joe McManus: That was Florida Avenue projects, and we couldn't move the legislation between first and this reading. 81 February 23, 1995 n ---------------------------------------------------------------------------------------------------------------- 22. FIRST READING ORDINANCE: AMEND 11000 TEXT -- AMEND R-2 TWO-FAMILY RESIDENTIAL ZONING DISTRICT IN ORDER TO DELETE PROVISION ALLOWING FOR LOTS WITH MORE THAN 5,000 SQUARE FEET, ONE ADDITIONAL DWELLING UNIT FOR EACH 2,500 SQUARE FEET, BY SPECIAL EXCEPTION ONLY. (Applicant: Planning, Building & Zoning Dept.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right. Let's do this, now. Let's move on this. Vice Mayor Plummer: What's 30? Mr. McManus: Thirty is... proposes... Commissioner Dawkins: Move it. Vice Mayor Plummer: Wait, wait, wait a minute. What the hell... Mayor Clark: Do you recommend this? Vice Mayor Plummer: What is it? Mayor Clark: Do you recommend it? Mr. McManus: Yes. It applies to the... Vice Mayor Plummer: No, wait a minute. I want to talk about this. Mayor Clark: No, no, I don't want to talk. I want to move it. I want to move it. Vice Mayor Plummer: Is this... Mr. Mayor, excuse me. All right. Hold on. Let me ask a question. Is this the very problem that we had - and I'm going to mention names - with Miriam Alonso's son-in-law? Commissioner Gort: Yes. Vice Mayor Plummer: Does this eliminate that problem? Commissioner Gort: Right. Mr. Sergio Rodriguez (Assistant City Manager): This is an item... Vice Mayor Plummer: That it will never happen again? Commissioner Gort: Right. Vice Mayor Plummer: Who asked you? Does this... Shut up. Mayor Clark: You in favor of this? Vice Mayor Plummer: Does this eliminate that problem from happening in the future? 82 February 23, 1995 Commissioner Gort: Right. Mr. Rodriguez: This will prevent any property that has more than 5,000 square feet and... Vice Mayor Plummer: From having a third unit. Mr. Rodriguez: From having a third unit. Vice Mayor Plummer: So be it. It's a great thing. Commissioner Dawkins: You move it? Vice Mayor Plummer: I'll... You want to move it? Mayor Clark: No. I said I'd like to see it moved. Just move it. Commissioner Gort: Second. Commissioner Dawkins: Moved and seconded, Mr. Vice Mayor. Mayor Clark: Cast a unanimous ballot. Commissioner Dawkins: Mr. Mayor... Come to the mike. Ms. Matty Hirai (City Clerk): Mr. Mayor, we need to read the ordinance, first reading. Mayor Clark: OK. All right. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING: SECTION 401, SCHEDULE OF DISTRICT REGULATIONS," TO AMEND THE R-2 TWO-FAMILY RESIDENTIAL ZONING DISTRICT IN ORDER TO DELETE THE PROVISION ALLOWING FOR LOTS WITH MORE THAN FIVE THOUSAND SQUARE FEET, ONE ADDITIONAL DWELLING UNIT FOR EACH TWO THOUSAND FIVE HUNDRED SQUARE FEET, BY SPECIAL EXCEPTION ONLY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 83 February 23, 1995 .�1 was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Clark: Thank you. [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF PLANNING AND ZONING PORTION OF THE AGENDA TO CONSIDER NON -AGENDA ITEMS.] ---------------------------------------------------- -------------------------------------------- --------------- 23. DISCUSSION CONCERNING VENDING OUTSIDE MIAMI ARENA -- REFER TO CITY MANAGER. Commissioner De Yurre: Mr. Mayor. Commissioner Dawkins: Mr. Mayor, at one time, when we... J.L., you need to hear this. At one time, when we were allocating spaces around the arena for sales, two people were grandfathered in. That was this former policeman, to sell peanuts, and what was the big fellow's name who sold the intlatables, J.L.? Vice Mayor Plummer: The Round Man? Commissioner Dawkins: Yes, the Round Man. OIL? For some reason... Mayor Clark: Hardeman? Vice Mayor Plummer: No. Commissioner Dawkins: For some reason, they are refusing to allow this gentleman to sell peanuts where this Commission authorized him to sell peanuts. Mayor Clark: Who's re... Who's... Vice Mayor Plummer: We grandfathered in the two. Commissioner Dawkins: That's right, we did. 84 February 23, 19.95 - Vice Mayor Plummer: We grandfathered in the two. OK? Mayor Clark: Who is refusing? Vice Mayor Plummer: And we grandfathered in the Round Man who sells the balloons. Commissioner Gort: I think I can explain it to you. Mayor Clark: What is your name, sir? Give us your name. Commissioner Dawkins: Give us your name and address, sir. Mr. Amos Brooks: Amos Brooks, retired police officer, City of Miami. Mayor Clark: All right. Who is refusing to allow you... Mr. Brooks: No, actually, they're not refusing, but it's another peanut man there taking my spot. Commissioner Dawkins: Oh. That's a different story. We can't stop the other peanut man. Mr. Brooks: Huh? Vice Mayor Plummer: We can't stop competition. Commissioner Dawkins: No. I thought they were refusing to let you have your spot. Mr. Books: No, no, no. I've got my spot. Commissioner Dawkins: Mm-hmm. Mr. Brooks: I have my spot. But it's another man sitting... When I talked with you... Commissioner De Yurre: Well, the issue, then is, if he's there legally, then... If the other guy is illegally there, it isn't a matter of competition. Vice Mayor Plummer: Well, if the other man is illegal, run him out. Mr. Brook: I was legal. Commissioner De Yurre: Well, that's what he's saying. Vice Mayor Plummer: May I suggest, Mr. Wally Lee just recommended that we refer it to him, and he will resolve the matter. Mayor Clark: Yes. Commissioner De Yurre: OK. Commissioner Dawkins: OK. All right. They'll resolve it. Mayor Clark: Thank you, sir. Mr. Brooks: Thank you. Thank you, Commissioners. 85 February 23, 1995 0 Commissioner Dawkins: We'll get to it right away. And thank you, sir. Commissioner De Yurre: Mr. Mayor. Mayor Clark: Please, please, let's have a little decorum here, now. END OF DISCUSSION -- MATTER REFERRED TO ADMINISTRATION.' ---------------------------------------------------------------------------------------------------------------- 24. RATIFY MANAGER'S EMERGENCY ACTION IN WAIVING REQUIREMENT FOR COMPETITIVE SEALED BIDS FOR PROCUREMENT OF ROOF REPAIR SERVICES TO VIRRICK PARK POOL BUILDING -- BY J. VALIENTE ROOFING, INC. -- ALLOCATE $38,141 FROM 18TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, PROJECT: GRAND AVENUE PARK RENOVATIONS (CIP 331316: VIRRICK PARK RENOVATIONS) -- AUTHORIZE AMENDMENT TO APPROVED U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 18TH YEAR CDBG FINAL STATEMENT. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: First of all, J.L., what have you got? Vice Mayor Plummer: Mr. Mayor, a resolution waiving by four -fifths affirmative vote of the members of the City Commission, formal competitive sealed bidding procedures for the procurement of roof repair services for major non -hurricane related damages at the Virrick Park Pool Building from J. Valiente Roofing, Inc., at a total cost not to exceed $38,141. Commissioner Dawkins: Second. Vice Mayor Plummer: Ratifying, approving and confirming the City Manager's finding that a valid public emergency exists justifying such waiver for said services; authorizing the City Manager to instruct the Chief Procurement Officer to issue a purchase order for said purpose; authorizing the reallocation of $38,141 in Community Development Block Grant funds... Commissioner Dawkins: How much? Vice Mayor Plummer: ... from the 18th year CDBG project entitled "Grand Avenue Park Renovations" for the purpose of providing allocation of funds for said roof repairs to the Capital Improvement Program, Project Number 331316, entitled "Virrick Park Renovations"; authorizing an amendment to the approved U.S. Department of Housing and Urban Development 18th year CDBG final statement to reflect the herein proposed reallocation of CDBG funding. I so move. Commissioner Dawkins: Second. Mayor Clark: Call the roll. Vice Mayor Plummer: Whatever the hell that is. 86 February 23, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-151 A RESOLUTION, WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, FORMAL COMPETITIVE SEALED BIDDING PROCEDURES FOR THE PROCUREMENT OF ROOF REPAIR SERVICES FOR MAJOR NON -HURRICANE RELATED DAMAGES AT THE VIRRICK PARK POOL BUILDING FROM J. VALIENTE ROOFING, INC., AT A TOTAL COST NOT TO EXCEED $38,141.00; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID PURPOSE; AUTHORIZING THE REALLOCATION OF $38,141.00 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE 18TH YEAR CDBG PROJECT ENTITLED "GRAND AVENUE PARK RENOVATIONS" TO CAPITAL IMPROVEMENT PROJECT NO. 331316, ENTITLED "VIRRICK PARK RENOVATIONS"; ALLOCATING FUNDS THEREFOR IN THE AMOUNT OF $38,141.00 FROM CAPITAL IMPROVEMENT PROJECT NO. 331316 FOR SAID ROOF REPAIRS; AUTHORIZING AN AMENDMENT TO THE APPROVED U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT EIGHTEENTH (18TH) YEAR CDBG FINAL STATEMENT TO REFLECT THE HEREIN REALLOCATION OF CDBG FUNDING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 25. DISCUSSION CONCERNING LIONS HOME FOR THE BLIND. Commissioner De Yurre: Mr. Mayor. Mayor Clark: All right, Willy. What do you have? Commissioner Gort: I don't have anything. 87 February 23, 1995 Mayor Clark: All right now. Commissioner Dawkins: Mr. Mayor, Mr. De Yurre has one. Mayor Clark: Victor, what do you have? Commissioner De Yurre: Mr. Mayor, I'm wondering if there are any representatives here from the Lions Home for the Blind. Vice Mayor Plummer: Say what? Commissioner De Yurre: They're not here, so I'll leave it go. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 26. GRANT REQUEST BY MS. BARBARA BONEY TO ALLOW EXTENSION OF TIME FOR THE TRAILER PRESENTLY LOCATED AT 370 THOMAS AVENUE IN COCONUT GROVE TO REMAIN AT SAID SITE UNTIL JULY 4, 1995. ---------------------------------------------------------------------------------------------------------------- Commissioner De Yurre: The other one that I have, Mr. Mayor, is, I have here Mary Webster, _ attorney -at -law, that would like to speak for a moment on an issue that has come before us on other occasions, but I thought I'd give her a moment. Mayor Clark: Is this... Yes, ma'am. Vice Mayor Plummer: What is this? Ms. Mary Webster: Thank you very much. Mary Webster. I'm an... Mayor Clark: Pull the mike closer to you. Ms. Webster: I'm an attorney with Legal Services of Greater Miami, located at 16201 Southwest 95th Avenue, Suite 301. I'm here today on behalf of Barbara Boney, who resides at 3370 Thomas Avenue in Coconut Grove. Vice Mayor Plummer: Is this the trailer? Ms. Webster: Yes, sir. Vice Mayor Plummer: I thought we resolved that matter. Ms. Webster: Well, actually, we're here today to make another request. FEMA (Federal Emergency Management Agency) has a Federal mandate to get rid of all the trailers by Saturday, February 25th. We... Vice Mayor Plummer: We were told that there was nothing we could do, so why are we back here? 88 February 23, 1995 Ms. Webster: Well, actually, what FEMA has decided to do, after we have negotiated on Ms. Boney's behalf, is to allow Ms. Boney to purchase the trailer for $1, if the City would permit her to keep it there for a reasonable amount of time. Vice Mayor Plummer: We were told we couldn't do it. Ms. Webster: That is the language that FEMA is using. I've also brought today a letter from I Care... Vice Mayor Plummer: There's nothing we can do. Ms. Webster: ...which is... Mayor Clark: Well, what do you classify as a reasonable amount of time? Ms. Webster: We're looking at probably July, because at the last time Ms. Boney was here was November 17th, I believe... Vice Mayor Plummer: Excuse me. Mr. Mayor. Mayor Clark: Yes. Vice Mayor Plummer: We were told, point blank, without question, by Administration, there was no way we could do what they were. requesting. Now, if it's still no way we can do it, why are we even hearing this? Let's just put it right on top of the table. _ Mayor Clark: I don't know that. Victor... Ms. Webster: Well, if I may, actually, the last time Ms. Boney was here... The circumstances have changed drastically. At that time, she did not have an attorney to assist her with the quiet title to her property. If you would review the minutes, it ordered her, it instructed her to go and obtain an attorney in order to get the matter resolved. She has done that. She right now is represented by private counsel on a pro bono basis, who believes it will take about six months for this to happen. I also... Vice Mayor Plummer: She's not even living in that. Ms. Webster: I beg your pardon? Vice Mayor Plummer: She's not living in it. Ms. Webster: No, sir. She's living in the travel trailer. Vice Mayor Plummer: She's not living in the trailer in question. Ms. Webster: Yes, sir. Ms. Barbara Boney: Yes, I am. Vice Mayor Plummer: We were told at the last hearing by the Department that it was not you, that it was your brother. Mr. Sergio Rodriguez (Assistant City Manager): No. 89 February 23, 1995 Ms. Webster: That matter was clarified. That's been resolved. Unidentified Speaker: The brother was living in the house. Ms. Webster: Yes, and he's no longer there. He was living in the structure, which is actually unsafe for human habitation, and what will happen is, FEMA, if they do not receive some type of assurance from the City that she can remain there for a reasonable amount of time... Vice Mayor Plummer: She can take it to a trailer park. That's what I kept saying. Ms. Webster: ... will have her trailer taken away, and she is facing displacement, and homelessness. Commissioner Dawkins: What's the recommendation of staff? That's all we can go by. Vice Mayor Plummer: That's it. Mr. Rodriguez: As we mentioned before, it is illegal for us to grant... Vice Mayor Plummer: Can't do it. Mr. Rodriguez: ... in a single-family area any permit for two units, and if you have a trailer over there, it would be considered as a second unit. And the instruction from the Commission at the time, I think it was Commissioner De Yurre, was to... Mayor Clark: Look, wait a minute. Let's... I know that, that's the law. The reason the trailer is there is an unforeseen act of God, or it wouldn't be there to start with. Mr. Rodriguez: Right. Vice Mayor Plummer: No, Mr. Mayor, that's not true. That's not true. The problem is, it stems from the fact that she was into a battle with her family over a probate thing. Mayor Clark: Well, how did the house get damaged? Ms. Webster: That is not correct, sir. Vice Mayor Plummer: And she could not apply for permits, because of a clouded title. And for two years, that thing sat there with nobody doing anything, but other people living in it. That's what our staff reported. Now, ma'am, you can disagree with it. I have to go by what our staff tells us. Mayor Clark: All right. I thought... Ms. Webster: Well, actually, the travel trailer is there because of the hurricane, not because of the... Vice Mayor Plummer: Oh, it was originally put there, yes. Ms. Webster: Yes. Vice Mayor Plummer: But the reason she couldn't fix up the house and move back into the house was because of a probate situation of a clouded title between her and her sister. 90 February 23, 1995 Ms. Webster: Yes, sir. Ms. Boney: That is not correct, I'm sorry.. Vice Mayor Plummer: Ma'am, please, I'm not arguing. Ms. Webster: Right now, she's being represented by counsel. She has made good faith efforts to obtain counsel in order to resolve this. Mayor Clark: Let me try to get this... We'll find out right quick. I move that the trailer stay there until July and no longer. Is there a second? Vice Mayor Plummer: I'm not going to... Commissioner De Yurre: Second. Mayor Clark: All right. You got the motion. Vice Mayor Plummer: Motion made and seconded. I ain't going to call him on the carpet. Legally, we can't do it, but that's the Mayor's... Is the motion in order, Mr. City Attorney? A. Quinn Jones, III, Esq. (City Attorney): The motion is in order. Vice Mayor Plummer: Is the motion understood? Call the roll. Mayor Clark: Damn simple. The following motion was introduced by Mayor Clark, who moved its adoption: MOTION NO.95-152 A MOTION GRANTING REQUEST RECEIVED BY MARY WEBSTER, ESQ., LEGAL AIDE AS COUNSEL FOR MS. BARBARA BONEY AND AUTHORIZING AN EXTENSION OF TIME TO ALLOW THE TRAILER PRESENTLY LOCATED AT 370 THOMAS AVENUE IN COCONUT GROVE TO REMAIN AT THAT SITE UNTIL JULY 4, 1995. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Mayor Stephen P. Clark NAYS: Commissioner Wifredo Gort Vice Mayor J.L. Plummer, Jr. ABSENT: None. Vice Mayor Plummer: The motion passes, three to two. Ms. Webster: Thank you. Mayor Clark: November... I mean July the 1st, it's gone. 91 February 23, 1995 Vice Mayor Plummer: Fourth of July. Mayor Clark: Fourth of July. Ms. Webster: Thank you, sir. ---------------------------------------------------------------------------------------------------------------- 27. VICE MAYOR PLUMMER INSTRUCTS ADMINISTRATION TO REMOVE WRECKED VEHICLES FROM ROADS. Vice Mayor Plummer: Mr. Mayor, again, I would ask, if I could, of the Administration, as I did before, I would like to know when we're going to have an answer on moving wrecked vehicles off the road so that they don't clog up our highways. I've asked for this now, and this is the third time I've asked for it. Why can't I... Mr. Sergio Rodriguez (Assistant City Manager): You want me to get Mr. Smith here to answer that? Vice Mayor Plummer: I'd like to get an answer, please, because people today won't move wrecked vehicles that are moveable because of the fact that they would be considered hit and run. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 28. MAYOR CLARK URGES COMMISSIONERS TO CONTACT SENATORS AND REPRESENTATIVES CONCERNING SUMMER YOUTH JOBS PROGRAM WHICH IS NOT RECEIVING FEDERAL FUNDING THIS YEAR. Commissioner Dawkins: The Mayor has a pocket item. Vice Mayor Plummer: No. I don't want your pocket item. Commissioner Dawkins: The Mayor has one. Vice Mayor Plummer: Oh, the Mayor. I'm sorry. I apologize. Mayor Clark: We have just received the alarming news that late last night, the House Appropriations Sub -Committee of the United States House of Congress adopted a motion for the rescission of funding for the 1995 Summer Youth Employment and Training Program. This is the same program that employed 440 youth of our City last summer. Elimination of this program will be a devastating blow to the youth of this community, in a day and age where it is exceedingly difficult for youth to successfully find meaningful employment of any nature. The loss of summer jobs through the essentially federally funded program would be catastrophic. Besides giving these youth an opportunity to work, the program has historically been effective in keeping our youth busy and off the streets during the summer vacation months, not to mention the support that the youth provide in the delivery of services to the community, particularly in 92 February 23, 1995 �*M;, the operation of recreation programs in the City's Department of Parks and Recreation. I urge everyone to contact your U.S. congressmen and senators, in soliciting their support for the defeat of the proposed rescission and the continuation of the summer youth program. Commissioner Dawkins: So be it. Mayor Clark: All right. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 29. AUTHORIZE PLACEMENT OF STATUE OF PONCE DE LEON TO THE LEFT OF THE TORCH OF FRIENDSHIP IN MILDRED & CLAUDE PEPPER BAYFRONT PARK PRIOR TO MAY 25, 1995. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Now, what about... What happened to... Just a minute, Coral Gate. What happened to the situation on the monument? Vice Mayor Plummer: On the what? Mayor Clark: The monument for Ponce de Leon. Vice Mayor Plummer: What about the monument? Well, Eloy Vazquez was here before and r said he was going to speak to it, but I don't see him. Mayor Clark: To remind you that a resolution needs to be passed by the City Commission, in order to have the statue in honor of Ponce de Leon placed on the City of Miami property, specifically, to the left of the Torch of Friendship, in time for the arrival of Spanish training ship, "JUAN SEBASTIAN EL CANO," on May the 25th. Vice Mayor Plummer: Downtown. Mayor Clark: Can we do that? Vice Mayor Plummer: Why not? Commissioner De Yurre: Is this a permanent thing, or is it just temporary? Vice Mayor Plummer: No, it would be permanent. Commissioner De Yurre: Huh? Vice Mayor Plummer: It would be permanent. Commissioner De Yurre: Because I know the last time they wanted to do a Columbus thing, everybody got riled up with Columbus. Vice Mayor Plummer: Yeah, but that's a different guy. Commissioner De Yurre: Yeah, but the same group, the same boys. 93 February 23, 1995 N Mayor Clark: Thank God for them, or we wouldn't be here today. Mayor Clark: All right. I move the resolution. Vice Mayor Plummer: OK. Anybody second it? Commissioner Dawkins: Second. Vice Mayor Plummer: Second. OK. Any further discussion? Cast a unanimous ballot. The following resolution was introduced by Mayor Clark, who moved its adoption: RESOLUTION NO. 95-153 A RESOLUTION AUTHORIZING THE PLACEMENT OF A STATUE HONORING SPANISH EXPLORER JUAN PONCE DE LEON, TO THE LEFT OF THE TORCH OF FRIENDSHIP, LOCATED IN THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK, SAID PLACEMENT TO BE COMPLETED PRIOR TO MAY 25, 1995, TO COINCIDE WITH THE ARRIVAL OF THE SPANISH TRAINING SHIP "JUAN SEBASTAIN ELCANO". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted _ by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 30. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS OF JACK WEISS. Mayor Clark: All right. Mr.... Vice Mayor Plummer: Mr. Mayor, if I may, in order. Mayor Clark: Yes, sir. Vice Mayor Plummer: We all, with sadness, read about the untimely death of our very dear friend, Mr. Jack Weiss. Mayor Clark: Yeah, that was terrible. Jesus. 94 February 23, 1995 Vice Mayor Plummer: It was. It was absolutely incredible, Mayor Clark: Got killed, got hit by a car. Vice Mayor Plummer: I would move at this time that the minutes of this meeting be spread with a resolution offering our condolences to the family, to Caroline, and all of the kids, who are very, very dear friends of each and every one of us. Mayor Clark: Yep. Vice Mayor Plummer: And expressing our sympathy, and our thoughts and our prayers go with the family. Mayor Clark: Have her come down and we'll present that resolution at this Commission table. Commissioner Dawkins: Second. Mayor Clark: All in favor, signify by saying "aye"; opposed, like sign. So ordered. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-154 A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SINCEREST_ CONDOLENCES OF THE CITY COMMISSION OF BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF JACK WEISS UPON HIS UNTIMELY DEATH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 95 February 23, 1995 ---------------------------------------------------------------------------------------------------------------- 31. DISCUSSION CONCERNING VOTING PROCEDURES FOR UPCOMING CORAL GATE NEIGHBORHOOD ELECTION IN CONNECTION WITH ERECTION OF PERMANENT BARRICADES. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right. Now, Coral Gate. Mr. Gerardo Vazquez: My name is Gerardo Vazquez. I'm with Allen and Galego at 601 Brickell Key Drive, Suite 805. As you well know, there is a vote coming up this Sunday, and we received a copy from the City Clerk's Office of the affidavit. And review of the affidavit, indicates that absent property owners will not have the ability to vote. Mayor Clark: Who won't? Mr. Vazquez: Absent property owners. Commissioner Dawkins: Do they live... Where do they live? Mr. Vazquez: They live in Coral Gate. We're talking about actual... Commissioner Dawkins: And they're going to be absent? Mr. Vazquez: Some people are going to be gone for the weekend, and would like the opportunity to be heard. And what we proposed was an affidavit. If you... I don't know if you have copies of the affidavit. Commissioner Dawkins: Yeah, I received it. Mr. Vazquez: Our recommendation is to remove the language that says, "Who is presently leasing from me," which is the fifth line down, and allow for anybody that is designated by the property owner to vote to be allowed to vote. Mayor Clark: If they're property owners. Mr. Vazquez: That's correct. Ms. Matty Hirai (City Clerk): Excuse me. Mr. Joel Maxwell (Assistant City Attorney): Wait, wait, wait. Mayor Clark: You know, if you have... Vice Mayor Plummer: You know, this thing is getting so strung out... Commissioner Dawkins: It is, it is. Vice Mayor Plummer:... that nobody is going to understand it. Commissioner De Yurre: Hey, we're not going to get into absentee ballots here. OK? Commissioner Dawkins: No, we're not. We're not getting into that. 96 February 23, 1995 Ms. Hirai: Exactly. It was discussed at the meeting, it was no absentee ballots. Ms. Graciela Balanzategui Garrido: Your Honor, Commissioners, may I... Maybe, perhaps, I can give you a clarification. For example, one of my neighbors' name is Dora Rosen. She's 99 years old. She's going to be 100 in April. Commissioner De Yurre: Does she vote? Ms. Garrido: Yes, sir. She is a homeowner, but she is blind, and she cannot walk. So she would like to give her daughter her proxy to be able to vote for her. Commissioner De Yurre: I don't... I'm not going to get into that. I am not going to get into that. I'm not going to get into that situation. And we're going way beyond what we wanted to originally, you know. Vice Mayor Plummer: Well, but wait. Wait a minute. I guess I... Commissioner De Yurre: It's a vote on Sunday. Ms. Garrido: Then, sir, you don't solve the problem that you wanted to address. Vice Mayor Plummer: Wait a minute. Whoa, whoa, I got to disagree. If a property owner is incapacitated to go vote, and can file an affidavit, why not? Commissioner De Yurre: J.L., because it lends itself for people being pressured, listen, if you're not going to be there, let me have your proxy, let me vote for you. You know, I mean, like, it lends itself to a whole bunch of things. Vice Mayor Plummer: Yeah, but Victor, in a regular election, people have the opportunity, as a free holder, to vote by an absentee ballot. Commissioner De Yurre: And how do you plan to advise people of this, J.L.? It's Thursday already. It's happening Sunday. Vice Mayor Plummer: I don't disagree with that. But I still... Mr. Vazquez: You know, we have a handful of people we're talking about, maybe ten persons, that have specifically told us that they're going to be away for the weekend. Commissioner De Yurre: Yeah. Are those ten people going to vote "yes"? Mr. Vazquez: Uh, yes... Commissioner De Yurre: "Uh, yes," they are going to vote "yes." You see what I'm talking about? Mr. Vazquez: Yes, they are. They are people that are... Vice Mayor Plummer: Let me tell you something. If this is so damn important to them, they shouldn't go away. OK? That's how I feel. I still say that a person who owns their piece of property, if they are incapacitated, filing an affidavit, should have a right to vote. But these people who want to go fishing in Key Largo over the weekend and not vote, I know where their priorities are. 97 February 23, 1995 Mayor Clark: All right. Willy. Vice Mayor Plummer: So that's my feeling on the matter. Commissioner Gort: I think the Clerk could clarify some of that. Vice Mayor Plummer: That's my opinion. Ms. Hirai: That area, Mr. Vice Mayor, we specifically discussed during the public hearing, and the Commission specifically expressed that the only way that a property owner could delegate his right to vote would be unto his lessee, not just anybody that he would give a proxy to. Now, suppose that the Commission would accede to this petition. There is no time to do another mail - out, so some people will find out about it, and some others will not, because it is on Sunday. Commissioner Gort: Then it would be challenged. Vice Mayor Plummer: Let me tell you something. Regardless of what we do, regardless of what we say, or regardless of the outcome, there's going to be a lawsuit filed. OK? Mayor Clark: So the way it stands right now is the way it stands. Commissioner Dawkins: I move to adjourn. Mayor Clark: Any further matter to come before this Commission? We can't change it now. _ Commissioner De Yurre: You did a great job again, Mr. Mayor. Commissioner Dawkins: Yeah, you did a good job, Steve. Mayor Clark: I£ we did try to change it now, then the people on the other side would raise hell. Commissioner Dawkins: Steve, you did a good job. We're going to give you a plaque. Mr. Vazquez: It's just that the affidavit limits it only to people - OK? - that are lessees. Ms. Hirai: It was in keeping with the discussion. That's exactly what the Commission determined. Mr. Vazquez: Oh. We respectfully, then, remove our request. Thank you so much. Vice Mayor Plummer: Hey, we try. I mean, you know, we can only do so much. 98 February 23, 1995 Mayor Clark: We're adjourned at five -thirty-two. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:32 P.M. Stephen P. Clark MAYOR ATTEST: Matty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK 99 . February 23, 1995