HomeMy WebLinkAboutCC 1994-02-24 MinutesAN
INDEX
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MINUTES OF REGULAR MEETING
is
February 24, 1994'
SUBJECT
LEGISLATION
PAGE
ITEM
NO.
N0.
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1.
COMMENTS BY VICE MAYOR MILLER DAWKINS
DISCUSSION
1-2
LNG ARTICLE IN THE MIAMI TIMES
2/24/94
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REGARDING ALLEGED RACIAL /ETHNIC SLi1RS
IN M1W FIRE DEPARR4W -- REQUEST
3
MIAMI TIMES .TO PUBLISH A RE'I'RAGTION.
2.
PRESII�ATION BY JUKE GOLDEN, OF FAMILY
DISCUSSION
2-4 R
CIRCLE MAGAZINE, OF A BANNER ENTITLED:
2/24/94
"YEAR OF TEARS" IN MEMORY OF CHILDREN
KILLED IN 1993 BY (,UN VIOLENCE.
3
DIRECT ADMINISTRATION TO IMMEDIATELY
R 94-127
4-5
FORWARD TO TALLAiIA,.SSEE A RESOU]TION
2/24/94
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EXPRESSING TO MEMBERS OF STATE
LEGISLATURE THAT CITIZENS OF CITY OF
¢
MIAMI EXPECT LEGISLATORS TO: (a)
F
PRIORITIZE THEIR FULL FOCUS AND
ATPMION TO ISSUES RELATED TO CRIME;
;
AMID (b) ADOPT INITIATIVES AT CURRENT
,
LEGISLATIVE SESSION NECESSARY TO ASSIST
;
CITY OF MIAMI IN ITS FIGHT AGAINST
CRIME.
!
4.
PERSONAL APPEARANCE: MR. RAY
DISCUSSION
5-6
FAUNTEROY, OF SOUTHERNCHRISTIAN
2/24/94
LEADERSHIP CONFERENCE -- PRESENT'S
CERTIFICATE OF APPRECIATION TO CITY
COMMISSION FOR ITS INVOLVEMENT IN
PROMOTION OF BLACK HISTORY AMID BLACK
LEADERS. (See label 7)
5.
(A) DISCUSSION CONCERNING ALLOCATION OF
DISCUSSION
6-9
FUNDS TO THE STREET NARCOTIC UNIT, AND
2/24/94
PUSH OUT THE PUSHERS (POP) UNIT,, AND
THE RESULTS FROM USE OF THOSE FUNDS.
(B) POLICE CHIEF 'CALVIN ROSS INFORMS
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COMMISSIONOF RECENT PR04JPIONS WITHIN
HIS DEPARTMENT. (Pranoted were: Major
Bobby Cheatham, to Assistant Chief,
Investigations Division; and It
Roberson Brown, to Major, in charge of
Personnel Resource Management.)
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h.,
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64,
DISCUSS AND TEMPORARILY TABLE D
CONSIDERATION OF:PROPOSED RESOLUTION TO 2
ALLOCATE $20,000 FOR SPONSORSHIP OF
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YOUTHCRIME WATCH OF AMERICA. PROGRAM
,4
(FROM LETF) -- VICE MAYOR DiAWKINS TAKES
EXCEPTION TO A'POCKEr ITEM BEING TAKEN
Up AT THIS TIME. (See label 20)
7.
(Continued Discussion) FURTHER COMM10TS I
's
BY MR. RAY FAUNPEROY ALSO EXPRESSING
APPRECIATION CITY MANAGER LNG
HIS INVOLVEMENT IN THE PF40WrION OF
BLACK HISTORY AND BLACK LEADERS. (See
label 4)
g.
(A) DISCUSS AND DEFER (TO MEETING OF 1
MARCH 24, 1994) CONSIDERATION OF ;
WYNWOOD cOMMUNITY ECONOMIC DEVELOPMENT
CC)RPORATION (WCEDC) AND WYNWOOD FOREIGN
TRADE ZONE (WFTZ) --"CITY COMMISSION
EGRESSES SIRONG OBJECTION TO CITY OF
IuIIAMI NOT HAVING EQUAL REPRESENTATION
ON , BOTH . BOARDS -- DISCUSSION CONCERNING
PROPOSED LEASE BETWEEN WCEDC AND DADE
FOREIGN TRADE ZONE (A FT. LAUDERDALE
PRIVATE COMPANY) -- DESIGNATE
COMMISSIONER J.L. PLU44ER AS .,CITY
COMMISSION'S APPOINTEE TO WCEDC BOARD.
(B) IN-DEPTH DISCUSSION WITH MR. BILL
RIOS' CONCERNING HIS INVOLVEMENT WITH
WFTZ AND SOME ALLEGED IMPROPRIETIES ON
HIS PART.
g,
(A) DISCUSS AMID WITHDRAW PZ-9 (APPEAL
OF SPECIAL F.XCEPPION GRANT® BY ZONING
BOARD TO ALUOW CONSTRUCTI�1 OF A
SERVICE STATION AT U.S. 1 AND 27
AVENUE) -- APPEAL WITHDRAWN ON ACCOUNT
OF SETTLEMENT HAVING BEEN RFC
A14ONGST INTERESTED PARTIES.
(Applicants American Equity Site
Developers, Inc. Appellants: R. Perez,
J.M. Smith, H. Weisberg, and N.
Marmesh.)
(B) VICE MAYOR DAWKINS EXPRESSES
CONCERN ABOUT LACK OF PARKING FOR NEW
POLLO TROPICAL RESTAURANT AT U.S. 1 AND
27 AVENUE AND POSSIBLE FVIURE PARKING
SHORTAGE AT SAID INTERSECTION --
`
REQUESTS ADMINISTRATION TO REPORT BACK
ON THIS ISSUE.
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10.
DISCUSS AND CONTINUE TO MARCH 24, 1994
DISCUSSION
'
MEETING CONSIDERATION OF AGENDA PZ-8
2/24/94
(APPEAL OF.SPECIAL EXCEPTION GRANTED BY
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ZONING BOARD TO ALLOW ,ONE 'ADDITIONAL
`
DWELLING UNIT. FOR EACH ADDITIONAL 21500
SQ.FT. OF, LOT AREA, FOR TOTAL OF 10
EXISTING DWELLING UNITS AT .3156-3174
+
VIRGINIA STREET) -- REQUEST FOR
CONTINUANCE DUE TO INTERESTED PARTIES
TRYING TO REACH A SET HMOU -
(Applicants: N. & P. Edrisi, T.
Barrett, S. De Imm and I. Buholzer.
Appellants: Joyce Nelson for Coconut
Grove civic Club, and James McMaster.)
11.
CONTINUE M MARCH 24, 1994 MEETING
DISCUSSION
CONSIDERATICIN OF AGENDA PZ-10
2/24/94
(CONSIDERATION OF: (a) REQUESTED
APPROVAL OF "THE FIARIDA AVENUE
pT.ANNING STUDY" [AUGUST 1993] PREPARED
BY DOVER, KOHL AND PARTNERS FOR FLORIDA
I.
AVENUE NEIGHBORS FOR PROPERTIES
ABU'I'rING FMRIDA AVENUE FROM MATILDA
STREET TO MCDONALD STREET; AND (b)
RECOMMENDATION THAT THE COMMISSION
INSTRUCT CITY NER TO INITIATE
F[1RTHER WORKSHOPS WITH NEIGHBORHOOD)
(Applicant: Planning, Building & Zoning
Dept.).
12.
GRANT APPEAL OF ZONING BOARD'S DECISION
R 94-128
'hp REVERSE ZONING AtWNIS'I'RATaR' S
2/24/94
REVOCATION OF, BUILDING PERMIT NOS. 92-
0006757, 92-0006758, 92-0006777, 92-
0020432 AND 93-5004911 RESULTING FRONT
APPLICANT'S FAILURE TO MEET PREVIOUSLY
ESTABLISHED CONDITIONS ON RECORDED
COVENANTS -- BUILDING PERMITS
REINSTITUTED (WITH MODIFICATIONS) TO BE
APPROVED SOLELY AT PLANNING DIRECTOR'S
DISCRETION (CHINATM PROJECT AT 1825
N. BISCAYNE BOULEVARD / 320 N.E. 19
STREET). (Applicant: Isaac Shih for
Miami Chinese Community Center.
Appellant: Dade Heritage Trust, Inc.)
13.
SECOND READING ORDINANCE: AMEND 10544
ORDINANCE
(y FUTURE LRID USE MAP -- CHANGE
11123
T nwm TTcr nv..CTrAmmTrW AT 3710-12 S.W. 26
2/24/94
62-64
14.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
64-68
ATLAS -- CHANGE DESIGNATION AT 3710-12
11124
S.W. 26 TERRACE. FROM R-2 TWO FAMILY
2/24/94
RESIDENTIAL' TO C-1 RESTRICTED
COMMERCIAL. (Applicant: M. & A.W.
Liggio and L.G. Hoyos.)
15.
SECOND READING ORDINANCE: AMEND 10544
ORDINANCE
68-74
(MUM) FUTURE LAND USE MAP -- CHANGE
11125
LAND USE DESIGNATION AT 1103 & 1135
2/24/94
S.W. 34 AVENUE; 3300, 3314 & 3338 S.W.
11 STREET, AND 1112 & 1120 S.W. 33
AVENUE FROM RESIDENTIAL DUPLEX TO MAJOR
PUBLIC FACILITIES,, TRANSPORTATION AND
UTILITIES. (Applicant: Woodlawn Park
Cemetery.)
16.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
75
ATLAS -- CHANGE DESIGNATION AT 1103 &
11126
1135 S.W. 34 AVENUE; 3300, 3314 & 3338
2/24/94
S.W. 11 STREET,.AND 1112 & 1120 S.W. 33
AVENUE FROM R-2 TWO FAMILY RESIDENTIAL
TO G/I GOVERNMENT AND INSTITUTIONAL.
(Applicant: Woodlawn Park Cemetery.)
17.
DENY APPEAL OF PREVIOUSLY GRANTED
R. 94-129
76-86
VARIANCES BY ZONING BOARD FOR EXISTING
2/24/94
ADDITION TO, RESIDENCE AT 2415 N.W. 4
STREET, WITH PROVISOS. (Applicants:
Lorenzo, Catalina and. Yolanda Guzman.
Appellant: James D. Dunkel.)
18.
(A)CONTINUE TO MARCH 24, 1994 MEETING,
R 94-130
87-133
CONSIDERATION OF AGENDA ITEM PZ-7
R 94-131
(APPEAL OF ZONING BOARD'S DECISION TO
R 94-132
UPHOLD APPROVAL OF CLASS II SPECIAL
2/24/94
PERMIT APPLICATION FOR RAISING, OF THE
ROOF, EXTERIOR ALTERATIONS AND NEW
ENTRANCES TO DEVELOPMENT AT 2911 GRAND
AVENUE [MAYFAIR MAIL]).
(B) RECONSIDER PREVIOUSLY TAKEN VOTE ON
(A) ABOVE.
(C)DENY APPEAL OF ZONING, BOARD'S
DECISION TO UPHOLD APPROVAL OF CLASS II
SPECIAL PERMIT APPLICATION FOR RAISING
OF ME ROOF, EXTERIOR ALTERATIONS AND
NEW ENTRANCES TO DEVELOPMENT A 2911
GRAND AVENUE (MAYFAIR MAIL).
(Applicant: Belluschi/Beame Architects
for George Goldbloan. Appellant:
Coconut Grove Civic Club,, T. Gibbs,, M.
Goldstein, and J.Bass Shubin & Bellas,,
P.A.)
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WATCH OF AMERIC.A PROGRAM (FROM LM )•
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(See label 6)
21.
AUTHORIZEDOWNIM DEVELOPMENT
R 94-135
135-136
AUL%iORITY (DDA) To EXPEND $60,000 OUT
2/24/94
OF PRIOR 'DOTAL ALLOCATION OF $270,000
[ FROM 18TH AND 19TH YEAR CCHMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) MONIES]
EARMARKED FOR FLAGLER CORE AREA
ENHANCEMENT PROJECTS -- REMAINDER OF
THE MDNEYS TO BE ALLOCATED AT THE NEXT
MEETING.
22.
CITY COAM�lISSI�i EXPRESSES SUPPORT FOR
R 94-136
136-137
HB 103 IN CONNECTION WITH PROPOSAL BY
2/24/94
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FLORIDA CONSORTIUM OF URBAN LEAGUE
AFFILIATES FOR STATEWIDE CRIME
PREVE[JTION / INIKRVENrION PROGRAM.
23.
AUTHORIZE ISSUANCE (SUBJECT TO HOLDING
FIRST READING
138-141
OF SPECIAL MUNICIPAL ELECTION ON
ORDINANCE
SEPTEMBER 8, 1994) OF $28,000,000
2/24/94
POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS -- FOR
CONSrMjCTION OF NEW FACILITIES.
24.
AUTHORIZE ISSUANCE (SUBJECT TO HOLDING
FIRST READING
141-143
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OF SPECIAL MUNICIPAL ELECTION ON
ORDINANCE
SEPTEMBER 8, 1994) OF $25,000,000 FIRE
2/24/94
FIGHTING, FIRE PREVENITION AND RESCUE
FACILITIES BONDS -- FOR CONSTRUCTION OF
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1:
NEW FACILITIES.
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1 February 24, 1994
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Mayor Clark: Thank you very much for bringing that to our attention.
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2. PRESENTATION BY ME GOLDEN, OF FAMILY CIRCLE MAIGAZINE, OF A BANNER
ENTITLED "YEAR OF TEARS" IN MERRY OF CHILDREN KILLED IN 1993 BY GUN
VIOLENCE.
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Mayor Clark: We have a very special presentation. Nancy Clark and June
Golden from the Family Circle, are they present?
Ms. June Golden: Nancy is still in the air.
Mayor Clark: Would you come forward, June. June Golden will present a banner
entitled "A Year of Tears," in memory of the kids killed in the United States
by guns in 1993. The banner contains the names, ages and hometowns of 726
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children killed by gun violence in America last year. This banner will be
hung in this City Hall to remind us and our constituents and all within the
viewing audience of this terrible killing that's gone on in the past year, and
pray to God we can reduce it or eliminate it. All right, Ms. Golden, you
have the microphone.
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting at 4:40 p.m.
Ms. Golden: OK. Thank you. Mayor, as you know, 14 children a day are killed
by, gun violence in the United States. I represent Family Circle Magazine and
its 28,000,000 readers. And the reason that we've became involved in this is
because it's a family issue and a local issue. We did a special report which
we call "Cease Fire," which is in the issue of Family Circle that we've sent
down, and distributed, and we will distribute to you, to anyone who wants it
for free, to read it, to call upon people to try and get a cease fire. It's
our chil ren who are suffering. The number of children being killed is
exploding. They're playing Russian Roulette with guns, they're settling
scores with guns, and they're getting access to guns. We have came to various
cities around the country, and Miami particularly, because you have been, we
feel, an outstanding leader in trying to help this problem, in trying to
introduce some legislation. We are calling upon the citizens of Miami and our
28000000 readers to support the work that you are doing, to support in -
school anti -violence programs, and to take responsibility in their own
families. We would like it if they didn't have guns. If they do have guns,
keep them safely locked away. Before I begin, I just would - before I
conclude, I'm sorry - I would just like to read the names of the Miami area
and Florida people who are on this banner. This banner is the names of
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children who were killed in 1993 by gun violence. The list is not carplete.
These lists take a long time to put together. We got these from police
reports, frem coroner's offices, and newspapers. Included on this banner, you
will find Emanuel Williams, 17, Sarasota, Florida, who shot himself
2 February 24, 1994
accidentally while riding in the car with friends, passing a gun around;
Katina Jefferson, 19, Fort Pierce, Florida, shot outside a bar by teens in a
passing car; Conroy Robinson, 18, of Miami, gunned down in the school yard at
Miami Norland High School; Dewayne Smith, 14, Arcadia, Florida, shot
accidentally by his 17 year old brother; Jose Corbo, Jr., 16, Coconut Grove,
Florida, shot in a gang fight outside the Zoo Club; Curtis Welcher, 17, of
Miami, no additional information; Jamalia Lewis, 7, and her sister, Jasmine,
3, of Eustis, Florida, shot when their car was car -jacked; Jacob Detiens, 15,
Jacksonville, Florida, shot by a 15 year old friend who was playing with a gun
while ,they were watching the Super Bowl; Michael Alan Wisniewski, III, 14),
Arcadia, Florida, shot by his father, who got a gun when he thought his son
was possessed by demons; Stephen Warren, 16, Orlando, Florida, shot while
riding a car through a housing project; Nayib Sadan, 19, Miami, no further
details; Joshua Washington, 18, Miami, no further details; Christopher
Rehfiled, 17, Miami, no further details; Kiosha Delmas, one - one years old,
Fort Pierce, Florida, shot in her home while there was a drug deal going on;
Melissa Larson, 5, Christopher Larson, 8, Seminole, Florida, killed by their
father having a standoff with the police; Ahmad Thomas, 6, Merritt Island,
Florida, shot by a 17 year old neighbor who had a gun, he was shot because he
asked the neighbor to turn the stereo down; Albert Perry, 19, Tampa, Florida,
shot because he fired a water pistol at a passing car; Katrell Goodman, 14,
Miami, no further details; Aaron Johnson, 14, Zephyrhills, Florida, shot
himself in the head accidentally, a gun given to him by his maternal
grandfather; Curtis Miller, 16, Miami, no further details; Cortez Perryman,
i; 17, shot amid a surge of violence in a housing project; Christopher Lamborn,
9, Deltona, Florida, shot in the face when a 16 year old took a gun and was
examining it; Tammi Dale Peck, 10, Fruitland Park, Florida, shot in the head,
found in a house; Randy Wadley, six, of Miami; Christina Woods, 15, St.
Petersburg, Florida, who shot herself in the head with her mother's gun
because she had broken up with her boyfriend and she was despondent; T.J.
Reddick, 17, Lakeland, Florida, shot in the head as a friend playfully pointed
a pistol at him during a card game; Albert Rice, 18, Tampa, shot himself in
the head while playing with a gun; Kenny Randall, 10, Ana Maria, Florida, shot
in the chest by an 11 year old cousin playing with a gun; Sean Ryan Silvers,
18, fran Lakeland; Gregg Muchler, 14, from Bradenton; and Andre Shawn
Williams, 13, Tampa, Florida, shot in the chest while playing with a family
gun; Jonathan Bell, 17, Tampa, Florida, playing Russian Roulette. As I say,
these are only part of the thousands of children who are killed each year. We
remember the youngest casualties in a memorial banner which we will now
present to you, and call upon you to take a leadership position to help all of
us, our families and our children.
Mayor Clark: Just a moment. June, we appreciate your statement there. We're
staring a gun buy-back program in this City. The National Basketball
Association has tried starting this in the month of May. And what they do,
they buy back the guns, and people give them merchandise and are able through
a congressional act to get a tax exemption. We think this may work real well.
You know, ladies and gentlemen, kids are our future, the young people of this
community. We got to protect them somehow, and if we don't protect them, this
is just a momento of what's going to take place all over this country. And I
congratulate you, Ms. Golden, and Ms. Clark, in absentia.
Ms. Nancy Clark: I am no longer in absentia.
3 February 24, 1994
Mayor Clark: Well, you're here now. Thank you, Nancy. Madam, we want to
thank you ,for bringing this to the attention of all the public,, and Family.
Circle Magazine has done such a fantastic job. Ladies and gentlemen, we
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accept this momento from these lovely ladies of Family Circle. Give them a
great round of applause.
(APPLAUSE)
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3 DIRECT ADMINISTRATION TO IMMEDIATELY FORWARD TO TALLAHASSEE A RESOUTPION
EXPRESSING TO MOVMM OF STATE LEGISLATURE THAT CITIZENS, OF CITY OF
MIAMI EXPECT LEGISLATORS TO: (a) PRIORITIZE THEIR FULL FOCUS. AND
ATTENTION TO ISSUES RELATED TO CRIME; AND (b) ADOPT INITIATIVES AT
CURRENT LEGISLATIVE SESSION NECESSARY TO ASSIST CITY. OF MIAMI IN ITS
FIGHT AGAINST CRIME.
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Ca unissioner Plummer: Mr. Mayor, if it is in order, I would assume that all
of my colleagues on this Commission are as upset as I am in reading in the
-morning, tabloid that the possibility of nothing is going, to happen in
?.
Tallahassee in this session, for whatever reason, is just as bad or if not
y;
worse than one of the legislators who said they're going to do a lot of talk
and. no 'action. I think it behooves this City Commission, Mr. Mayor, to send .
the strongest worded resolution that we can that we're 'disappointed in that
scenario, and that we do expect action from our legislators, and that we will
settle for nothing less than them giving the full effort that they promised
when they went up to Tallahassee. And with your permission, I would offer
such a'motion, that we once again - we've already done it once - reiterate to
our legislative body that this City Commission will stand for nothing less'
than absolute full attention to the problem as it exists. And if it's with
my... permission, I would move that item, Mr. Mayor.
Mayor Clark: So moved.
Vice Mayor Dawkins: Second, under discussion.
Mayor Clark: Yes, sir,,Mr. Dawkins.
Vice Mayor Dawkins: I would like, Mr. Mayor, since Commissioner Gort and I
are liaisons with the legislature, that we meet on Wednesday when they have
the legislative joint committee meeting from Dade County, and that we present
this resolution to them, and that we call it in on their agenda.
Mayor Clark: In Tallahassee?
Vice Mayor Dawkins: Yes, sir, in Tallahassee. If only one of us can find the
time to go, one of us will go. If both of us can go, we'll go to Tallahassee.
When they have the luncheon meeting, we will present it to them and let them
know, if that's agreeable.
Commissioner Plummer: For sure.
4 February 24, 1994
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Mr. Ray Faunteroy: Good afternoon.
Mayor Clarks For the record, identify yourself, Mr. Faunteroy.
Mr. Faunteroy: Ray Faunteroy, SCLC (Southern Christian Leadership
Conference), Miami, Florida. We have three presentations we'd like to make.
First, to the City of Miami Carmission, we'd like to thank you for your
support of our Martin Luther King, Jr. birthday celebration. This year, it
was much better than the previous years, because we had something to work
with. We had a gospel extravaganza, we had vendors, we had young people on
7th Avenue that we're training to go into business so that they can create
their own jobs, and it was the beginning, we hope of a tremendous effort'in
this community to show people how to take care of themselves and to create the
jobs that will reduce the crime that we see rampant in our community. So,we
want to take this opportunity to thank you, the City of Miami Commission, and
present to you.this certificate of appreciation fro the members and board of
directors of the Southern Christian Leadership Conference, Miami, Florida.
E Mayor Clark: Very good.
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Mr. Faunteroy: We also have one for Commissioner Brother Dawkins, who was our
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main speaker at our breakfast, at our Martin Luther King, Jr. birthday
breakfast which we hold every year, and we just want to say thank you, we
appreciate you, we appreciate what you're doing to help us and we give this to
YOU.
Vice Mayor Dawkins: Thank you.
(APPLAUSE)
------------------------- --
5. (A) DISCUSSION CONCERNING ALLACATION OF FUNDS TO THE STREET NA11MrIC UNIT,
AND PUSH OUT THE PUSHERS (POP) UNIT, AMID THE RESULTS FROM USE OF THOSE
FUNDS.
(B) POLICE CHIEF CALVIN ROSS INFORMS COMMISSION OF RECENT PR0WrICNS WITHIN
HIS DEPARTMENT. (Promoted were: Major Bobby Cheatham, to Assistant
Chief, Investigations Division; and Lt. Roberson Brown, to Major, in
charge of Personnel Resource Management.)
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Mayor Clark: Mr. Dawkins has requested to discuss... Mr. Manager, do you have
the memorandum you sent by this morning concerning the POP (Push Out the
Pushers) Program? Do you have a copy of that with you? How much has been
expended. POP is the unit nicknamed for "Push Out the Pushers." You know, we
use... results fran the use of these total dollars in the last three months,
instructed by the City Commission. Would you read that into the record, Mr.
Dawkins, for your edification. Do you have a copy of it?
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Mr. Cesar Odio (City Manager) : Do you want me to put it on the record or
just...
6 February 24, 1994
Just the resolution.
Mayor Clark: Miller, do you have a copy of the resolution?
Yes, I got a copy.
We don't need all the editorial; just the resolution.
Beg your pardon?
Just the resolution we need.
Vice Mayor Dawkins: But the only thing I had, Mr. Mayor, was - and I need an
answer, which was not in the resolution - I mean in the memo this morning,
this $48,000 and the $24,000 was for a three-month period. The three months
is up. Where is the other... now, are you going to do it for another three
months or another six months, or what? That's what I need to know. Because
we told them October the 21st, this is for three months.
Mr. Odio: May I, sir, Mr. Mayor, have the Chief introduce for a second his
new appointed staff?
• Mayor Clark: Sure.
Vice Mayor Dawkins: Go right ahead, Mr. Ross.
Mr. Odio: It is important that the public gets to know then. They are going
to be very active in the canminity. Chief.
Chief Calvin Ross: Let me ust say that it gives me great pleasure to
introduce two new appointees to staff in the Miami Police Department.They're
certainly not new in the Police Department, but these two individuals have
certainly distinguished themselves in many aspects of the Police Department,
and I'm very proud of these appointments that were made just this morning. To
the position of Assistant Chief to command the criminal investigation division
is Assistant Chief Bobby Cheatham. Assistant Chief Cheatham formerly worked
as the major in charge of the NorthDistrictsubstation. He has worked in
several investigative units, formerly as major ca kviding the criminal
investigations section, and he goes back there now as the Assistant Chief in
that area. Bobby is a 23-year member of the Miami Police Department. He has
a Bachelor's degree in criminology, and also a graduate of the prestigious
Southern Police Institute, and we are very proud of him and confident of his
abilities. Being appointed to the position of major of police is Major
Roberson Brown. Major Brown also has distinguished himself quite a bit in the
Miami Police Department over the 14 years that he's been there. Major Brown
has worked in K-9, he's worked in the area of patrol, he's worked in training,
he's also worked in our range as our range master, he has been the commander
of our elite honor guard unit in the Miami Police Department, and has also
worked in a variety of other assignments as temporary assignments, and some
other assignments as permanent assignments. Major Brown will be going to the
Personnel management section within the Miami Police Department to head up
that area. It is a big task, he's capable of it. He will be graduating in
April with a Bachelor's degree in public administration, and he's also a
graduate of the distinguished school, the Southern Police Institute.
7 February 24, 1994
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Mayor Clark: Give a round of applause, ladies and gentlemen.
(APPLAUSE)
Mayor Clarks All right. Chief Ross, will you respond to Commissioner
'
Dawkinsquestion, continuation of the programs?
Chief Ross: Yes, sir. In responding to the resolution for the funding of
both the POP unit and the street narcotics unit, the Police Department funded
them and continues to fund them fran he general operating budget,' and over
the last three 'months, for the street narcotics unit, that came to a total of
$395,000 for that time period, out of the general operating budget. And for
the POP unit, it was $68,000. As a result of looking at the resolution and.
following the resolution as it was written, we also inquired of -those
particular units as to whether or not there were additional needs, in terms of
equipment,. et. cetera. There is an item that will go on the agenda, and is
already in the Manager's office for March, to fund some special equipment
needs, which will cane out of the Law Enforcement Trust Fund for these two
units.
Mayor Clark: Thank you.
Vice Mayor Dawkins: Mr. Manager.
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Mayor Clark: Yes, sir.
Vice Mayor Dawkins: If you'll go back and read the minutes, this was brought
about because the POP Program did not have any money. And I said, fund them
$24,0001 because they.were out of money.
Mr. Odio: Yes, sir.
Vice 'Mayor Dawkins: And that money was to last three months. Now, I'm.told
by the Chief something about $368,000. That has nothing to do with the
directions from this Commission which said, for the next three months, spend
$24,000 that's needed on the POP Program.
Mr. Odio: Yes, sir. We did that, but now we have to... the three months are
up so:what _he's saying is that we're going to continue the POP Program, and
we're going to fund it out of the general operating budget.
Vice Mayor Dawkins: But he shouldn't tell me, Mr. Manager, anything about
$600,000. I'm not interested in that.
W. Odio: No, I know that. What you're interested in is, are we continuing
the POP Program?
Vice Mayor Dawkins: That's all I'm interested in, Mr. Manager.
t
Mr. Odio: Yes, yes, yes, we are, sir.
Vice Mayor Dawkins: Thank, We Manager. That's all I need. Thank you,
Chief.
8 February 24, 1994 t
i
t
Mayor Clark: Is there a motion?
Vice Mayor Dawkins: And Chief, and I'm not saying anything to.you, because
the'Manager gave that to you to read, OK? That's why I'm... with him. Thank
You.
Camnissioner Plummer: I would appreciate, Mr. Manager, the POP Program has
primarily operated in the north end.
Mr. Odio: It's in a specific area of the north end.
CTmissioner Plummer: All right. The people of Coconut Grove are asking for
the same, and I don't know how you can say to one area without saying to
another.
Mr. Odio: We are not. The Coconut Grove people have the IMPACT (Intesified
Mobilization of Police Against Criminal Tactics) teams that are being paid for
with overtime.
Commissioner Plummer: OK. Then I would appreciate for the people who
continuouslycall my office that you give me what allocation of a task'. force
i.
or what that has operated for the past three months in Coconut Grove, and.I
will be able to send that to the people who call my office daily and carplain.
'
Mr. Odio:< I'll be glad to do that.
1
Camnissioner Plummer: Thank you.
Mr. Odio: We know to the penny how much money we spend there in overtime.
Mayor Clark: All right. Do we need a resolution now, Mr. Attorney?
Vice Mayor Dawkins: No, sir.
A. Quinn Jones, III, Esq. (City Attorney): No.
Mayor Clark: Continuation of the program.
6. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO
ALLOCATE $20,000 FOR SPONSORSHIP OF YOUTH CRIME WATCH OF AMERICA PROGRAM
(FROM LETF) -- VICE MAYOR DAWKINS TAKES EXCEPTION TO A PO= ITEM BEING
TAKEN UP AT THIS TIME. (See label 20)
----------------------------------------------------------
�.
------------------
Cam dssioner Plummer: Mr. Mayor, there is one here that was handed to me.
.
It's not mine. If you want, it's in the same vein. A resolution allocating
funding for the sponsorship of the Youth Crime Watch of America Program at a
cost not to exceed $20,000; funding to be provided from the Iaw Enforcement
Trust Fund, upon such costs having been certified by the Chief of Police as
canplying with Florida State Statute 932.7055. It's my understanding that
this has, in fact, been approved.
9 February 24, 1994
{
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Plummer: And it was somehow an oversight, and they need it 'for
the program which will be taking place before our next meeting. As requested'
bythe "'Manager, I move it, sir.
Mr. Odio: Yes, sir.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Hold it, hold it. Point of...
Commissioner Plummer: Sure. ±
Mayor Clark: Can I get a second first?
Commissioner Gort: Second.
Mayor Clark: All right. Mr. Dawkins, you are recognized. j
Vice Mayor Dawkins: A point of information. You know, J.L. Plumreer, we said
�r
these kinds of things would be brought up after the ending of the meeting.
j,.i.mw,
you cannot bring them in like this, J.L., and keep pushing them through.
You have to hold 'them, as we, as this Commission agreed to do. i
i
Cammissioner Plummer: Fine with me. Fine with me, sir:
Mayor Clark: It's all right. He's OK.
Vice Mayor Dawkins: I'm going to vote for it, but I just want you to bring it
up when we said.
Commissioner Plummer: You know, that's the problem with sitting in this
chair. Everything over there they want to bring up, they give it to me. It's
not mine.I said it that way.
Mayor, Clark: Very good. We'll bring it up at the end of the meeting.
Vice'Mayor Dawkins: At the end of the meeting.
Commissioner Plummer: You're talking Law Enforcement Trust Fund. That'swhy
I brought it up.
Vice Mayor Dawkins: End of the meeting. Thank you.
'1.
Mayor Clark: All right. Discussion.
Ir
10 February 24, 1994
7. (Continued. Discussion) FURTHER OoMMEMs . BY MR. RAY FAUNT'EROY.,ALSO
EXPRESSING APPRECIATION TO CITY MWER CONCERNING HIS INVOLVEMENT IN
=
THE PFavorION OF BLACK HISTORY AND BLACK LEADERS. (See label 4)
------------------------------------------------------------------------------
Vice Mayor Dawkins: This gentleman wants to say samething. I don't know what
he's going to say.
Mayor Clark: Yes.
Mr. Ray Faunteroy: I may be out of order here, but I did indicate in the
beginning f our presentation - Ray Faunteroy, SCLC (Southern Christian
Leadership Conference ) - I did indicate in the beginning of our presentation
that we had three certificates to make, and I left out a person that, if I did
not do this now, I would not sleep tonight, and that's Cesar Odio, the City
s'.
Manager. We want to thank you, also. We left your certificate, but we will
bring it to you, and I just want to publicly say thank you, because you were
very helpful to us this year, and we want the community to know that. Thank
1
you.
r.
Mayor Clark: Thank you, Mr. Faunteroy.
------------------------------------------------------------------------------
8.(A) DISCUSS AND DEFER CONSIDERATION OF THE WYNwooD CCigdMTY ECaj=C
DEVELOPMENT CORPORATION (WCEDC) AND THE WYNWOOD FOREIGN TRADE ZONE
(WFTZ) -- CITY COMMISSION REPRESENTATION ON BOTH BOARDS -- PROPOSED
LEASE BMEEN THE WCEDC AND DADE FOREIGN TRADE ZONE (A FT. LAUDERDALE
PRIVATE COMPANY) -- DESIGNATE COMMISSIONER J.L. PUNdR AS THE CITY OF
MIAMI COMMISSION'S APPOINTEE TO THE WCEDC BOARD.
(B) IN-DEPTH DISCUSSION WITH MR. BILL RIOS CONCERNING HIS INVOLVIIETT WITH
THE WM, AII.E ED IMPROPRIETIES ON HIS PART.
------------------------------------------------------------------------------
Mayor Clark: Number 3. Discussion regarding the Wynwood Community Economic
Development Corporation, WCEDC, and the Wynwood Foreign Trade Zone. Mr.
Plummer, you have the floor.
Mr. Cesar Odio (City Manager): If I may, may I?
Commissioner Plummer: Sure, go ahead.
I
Mr. Odio: If we want to, I can have Ms. Cuervo, who has been dealing with
'
this and negotiating with them give you a background, and then tell you where
we are.
Mayor Clark: That's all right. That's fair enough.
Ms. Christina Cuervo: Commissioners, with respect to the discussion
concerning Wynwood, there's really three items pertaining to that discussion.
11 February 24, 1994
,: ` a b.•t*i"sfi rTiij �� .s-.: ,"s_ .:- r+ ,.-.1, . .it. f.5ti'r
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A'
First, there's the review by the City Administration and the recammendation to
the City . CammiiWion to ratify the lease between Wynwood Camnulity Economic
Development Corporation and Dade Foreign Trade Zone. There were two
outstanding issues on that one, was with respect to the term, and as of today,
we've receivedan amendment between Dade Foreign Trade Zone and Wynwood,
reducing the term of the lease to 50 years. And in addition to that, there's
still outstanding taxes.
Cammissioner Plummer: Excuse me. That's five -zero?
Ms. Cuervo: Five -zero.
Cammissioner Plummer: OK. What about the issue, if I may, in reference to
the... the issue in reference to going out to a bid, that they have to put it
out to bid, and they did not?
Mr. Odio: Commissioner, May I, with respect, ask, sir, let her finish her
presentation?
Cammissioner Plummer: Oh, OK. Sure. Sure.
Mayor Clark: Go ahead.
k• Ms. Cuervo: The other issue pertained to taxes, and I will, later on, I' 11
tell you how we're going to resolve that issue. The second issue in front of
you today is that last year, before the elections, the City Commission asked
that Wynwood... the City Commission asked that each Cammissioner be allowed to
appoint a representative to the Wynwood Community Economic Development
Corporation Board, and I'm here today to tell you what Wynwood has came back
to.the City Commission to propose. They adopted a resolution at their board
meeting last week, and I'll present that to you. And the last thing that you
should perhaps take action on today is that our original deed, when we granted
the land to Wynwood, allowed for the City Catmission to have one
representative on the Wynwood Board, and that City Commission representative
used to be Xavier Suarez. He is no longer here, so I would ask that today,
you appoint one City Cammissioner to the Wynwood Board• and then we'd have a
vote ,on that board.
Cammissioner Plummer: The question I ask again, it had been given to. me_that,
according to the HUD (Housing and Urban Development) regulations, that, in
fact, it had to go out for a bidding procedure; that there was never, ever a
bidding procedure that you could find; that, in fact, it was one company was
selected without the opportunity of others. Is that still a true statement?
Did you find something to the contrary? I'm asking for the record.
Ms. Linda Kearson (Assistant City Attorney): Mr. Cammissioner, that was never
a true statement. The Law Department prepared a legal opinion several months
ago in which we addressed that item. The camunity-based organization had no
Obligation to go out through a regular procurement process for the lease with
Dade Foreign Trade Zone.
Commissioner Plummer: I never said that. You didn't listen to me. I said
that a HUD regulation - not ours, not theirs - but HUD regulation said that it
must be offered to the general public for bidding purposes.
12 February 24, 1994
+
ram• r•,,
f
7
Ms. Kearson: That's not correct either, Commissioner.
`
Commissioner Plummer: All right. If that's not correct, then it's not a -
correct statement: But,I was told that, and I'm asking if, in fact, that was
true, and you're saying that there is nothing there.
Ms. Kearson: No, sir, that's not correct.
Commissioner Plummer: OK.
Mayor Clarks Ms. Cuervo, continue.
Ms. Cuervo: Basically, that's the synopsis. I can go back and explain to you
our, you know, where we reviewed the lease, we're
amended the term, the taxes are still outstanding. on the property, and we've
came to an agreement with Wynwood and Dade Foreign Trade Zone that we would
execute the second corrective deed, because there are some errors in the deed.
We would execute that, go to the tax collector's office, pay all the
outstandingtaxes; that is, Wynwood and Dade Foreign Trade Zone; and then go
and record the corrective deed.
Commissioner Plummer: Well, let me ask another. Is the for -profit
organization still in existence?
Ms. Cuervo: Yes, sir. Dade Foreign Trade Zone is a for -profit corporation.
Now, they have; agreed that if...
Commissioner Plummer: Now, the other one, which was OJS (sic: Old San Juan),
is that still in existence?
Ms. Cuervo: old San Juan, yes, it is.
`..
Commissioner Plummer: And who are the board of directors of that
organization?
Ms. Cuervo: They're Gamaliel Rivera, Nilsa Velazquez and Bill Rios.
Commissioner Plummer: Bill Rios?
Ms. Cuervo: Yes.
Ca mAssioner Plummer: And that's for profit?
Ms. Cuervo: Yes.
Commissioner Plummer: OK. Why?
Ms. Cuervo: You have to ask them, I guess, but they are a wholly -owned
subsidiary of Wynwood.
Commissioner issioner Plummer: Well, this is supposedly, you know - listen. Let me
back up fora little bit. OK? You know, when this City Commission gave this
piece of property - and it can be discussed forwards and backwards how much
13 February 24, 1994
.i.
That's the question we're
Commissioner Plummer:
Oh.
Well, they've been here before
for that. OK.'
Mr. Odio: Now, I'd
like
to correct the... I'd like to
correct the dollar
amount on the property.
Mavor Clark: Please, please, just a moment. Just a moment, please.
Mayor Clark: Can we appoint five members to that board under the conditions
of the lease?
j. Ms. Kearson: No, sir. If the Wynwood Board - because Wynwood, you have to
understand, is a private not -for -profit corporation. It is not an
instrumentality of the City of Miami. If the Wynwood Board agrees to the five
appointments, then certainly, you can do that. Presently, the land is owned.
by Wynwood. They have owned the land for the past four years. You have a
legally executed deed.
Mayor Clark: All right. Yes, Mr. Dawkins.
Vice Mayor Dawkins: Let me see if I can bring this to closure. The City of
Miami, in its infinite wisdom, decided to bring about a Free Trade Zone that
would benefit Wynwood. Mr. Rivera, Mr. Santiago, and Mr. Emilio Lopez brought
in one gentleman from New York by the name of Bill Rios, who was supposed to
do the things that we wanted done in Wynwood. This City Commission sat here
and allowed Mr. Rios to change horses in the middle of the stream, change
bylaws, change everything, and we never said a word. We gave him $3,000,000
worth of land. Nobody put the reverter clause in, that at any time the; City
wanted to, bring it back. It's our fault. We can't blame nobody for that,
but this Commission. This Commission... how much did we spend for the drawing
of the plans to submit for the SNID (Safe Neighborhood Improvement District)?
They would not have gotten the SKID if we... he didn't even have money to pay
the consultants for us to take the plan to Tallahassee, which he and I walked
through in Tallahassee. Now, you'll hear Bill Rios say he got the Free Trade
Zone. He did not get it. Miller Dawkins walked with him every step of the
way. But now, Mr. Rios says this is his Free Trade Zone. We have allowed him
- to do that, and there is nothing we can do. We got outsmarted. We got -
whatever you want to call it. And legally, we do not have any grounds to
I stand on. Therefore, I would make a motion that we approve this. We have no
choice. But I would like to add the amendment that as we approve it, if it's
legal, Madam City Attorney, that as we approve it, that we ask HUD to send
. some investigators or some auditors dawn and audit this, and the approval
hinges on HUD finding nothing wrong. If HUD finds something wrong, then it's
null and void. Is that legal, Madam City Attorney? Now, we're approving it,
don't I'm not going to let anybody go to court anymore, saying we are
holding then up.
February 24, 1994
'
Ms."Kearson: Mr. Vice Mayor, juncture, the
Y� at this j Department of HUD has no
direct 'involvement with the Wynwood.C®..." please hear me out, sir. We no
longer fund Wynwood. If You want to request assistance of an, outside order,
then so be it, but at this point, HUD has no jurisdiction over Wymwood.
Commissioner Plummer: Well, why don't we get an audit?
Vice Mayor Dawkins: OK. Then, OK. Then can I, to fulfill my fiduciary
responsibilities, request that the agency that issues the Free Trade Zone
pexmit do`an audit? Is that correct?
Ms. Kearson: Mr. Vice Mayor, you can make that request. I don't know what
the response will be.. I cannot speak to that. In speaking with Mr. John
Dupont, who is the executive secretary of the Foreign Trade Zone Board, in the
opinion of the board, Wynwood has cceplied thus far with all of their,
requirements to activate the Free Trade Zone. There are requirements set
forth in the federal regulations which monitor, and if there deans to be some
problem, they can come in and then take the license back.
Vice Mayor, Dawkins: OK.
Ms'. Kearson: But that's what I've been instructed by Mr. Dupont. We can make
{
the request, ,sir.
Mayor Clark: That's the motion. That's made in the motion, Madam Attorney.
Do you make that motion?
Vice Mayor Dawkins: Yes, sir, I so move.
Mayor Clark: Is there a second to it?
Ms. Kearson: And I would like clarification of that motion. You're saying
that you are approving the lease, you're ratifying the lease, subject to the
Foreign Trade Zone's Board?
Vice Mayor Dawkins: No, ma'am. No, ma'am.
Ms. Kearson: OK. Please clarify for the record.
Vice'Mayor-Dawkins: OK. The motion is to follow the recommendations of the
Manager, but in so doing, I also reserve the right to request an audit, to
fulfill my fiduciary responsibilities, to ensure that the public money was
used as intended.
Commissioner Plummer: Subject to, or approval thereof?
Vice Mayor Dawkins: Ask the City Attorney, J.L. I can't answer that. I
don't know. Whatever the City Attorney says.
Commissioner Plummer: Subject to or approval thereof?
Ms. Kearson: Myunderstanding is he is recommending approval.
16 February 24, 1994
.lJ.i7t'.) fiS.Y j....'i#,r :t. „S i ,7 yf•'J '3't•+�*
/ Y
y
Vice Mayor Dawkins: Yes.
t
Commissioner Plummer: No way.
t A
Ms. Kearson: And he reserves the right, separate, and distinct from that
approval, to request an audit of the Foreign Trade Zone.
Mayor Clark: Is there a second to the motion? Just.a moment, J.L., I'll let
you talk. Is there a second to the motion? All right. That...
Vice Mayor Dawkins: Dies for lack of a second.
Commissioner Plummer: Mr. Mayor.
Mayor Clarke Yes, sir.
Commissioner Plummer: Madam City Attorney, what happens if this Commission
does nothing?
Ms. Kearson: We will probably be taken to court.
i
z
Commissioner Plummer: Let's go. Let's go to court! Now, damn it, I'm tired
u
of a sham! OK?
Mayor Clark: Please J.L. 7imnper, temper, temper.
Commissioner Plummer: Excuse me. All right. L'm tired of this. Mr. Mayor,
let me tell you, I've been through this because therewas no.one sitting in
any of :these chairs that was more of a supporter for this pro jest, which I.
thought was the greatest thing for that community, than J.L. Plummer. And I'm
the, one who... Miller Dawkins is saying how right we were, that we've been
hoodwinked. Let me ask a question. Ms. Cuervo, please, on the record, there
was a profit, for -profit organization called WS•(sic).
Ms. Cuervo: :OW.
Commissioner Plummer: Excuse me?
Ms. Cuervo: OSJ Management Development, Inc.
Commissioner Plummer: OSJ. I stand corrected. Who was the treasurer of that
organization, a for -profit, from the Wynwood Trade Zone; who was the
treasurer?
Mayor Clarks I can't stop him now. I can't stop him.
�[
Ms. Cuervo: The treasurer was Billy Rios up until last week, I think.
Commissioner Plummer: Billy Rios is how old?
{
Ms. Cuervo: I believe he's either eight or eleven years old. I'm not sure.
Commissioner Plummer: Eight or eleven years of age.
17 February 24, 1994
Mr. Bill Rios: You well }mow he's ten.
Commissioner Plummer: He's ten. Excuse me. I stand corrected. The
::.
treasurer of the for profit. is ten years of age., Ms._ Cuervo, until this
Comrtrissioner raised holy hell, was Mr. Bill Rios going to be paid by a
contract already approved, $100,000 a year as a consultant?
Ms. Cuervo Ccmn.i.ssioner, he is - there is still a contract where he will be
,-
paid as OSJ, that it would be OSJ that would be paid.
Caarmissioner Plummer: No, no, no. The Free Trade Zone, had a contract with
him for $100,000 a year. They withdrew it when I raised hell. Am I correct?
Ms. Cuervo: Yes,, sir.
Camnissioner;Plummer: I mean, how much more of a sham are we in? Why won't
we go to to court? We're here to protect our money!
Mr. Odio: Well, I need to clarify the record.,
Commissioner Plummer: OK. Clarify.
Mayor Clark: For the record. Yeah, you'll get in.
Mr. Odio: Number one, we did...
Commissioner Plummer: I don't believe it.
Mr. Odio: Well, let me. We did uncover those things. They have been
corrected or we would not be here. The reason we are here today is that we
took corrective action. Billy Rios, Jr., or whatever his name is, was
removed. The consultant agreement for $120,000 between the Dade Free Trade
Zone and Mr. Rios was cancelled, or I understand it was. So all those things
that we uncovered in the process have been corrected, or we'd not be here
today. '
Commissioner Plummer: Yeah. You know why they were corrected? Because this
Carmissioner brought them to light. Now, you know, Mr. Mayor... Mr. Manager,
you build up a history of what the future is going to be, based on the past.
And if these kind of things have happened in the past, that's why I think we
need 50 percent on that board, to assure us that they won't happen in the
future.
Mayor, Clark: All right. Let's go, yes. Yes, sir.
Mr. Odio:- Mr. Mayor, let me add this. The Dade Trade Zone or whatever .the
i.`
name is.
Ms. Cuervo: Dade Foreign Trade Zone.
Mr. Odio: The Dade Foreign Trade Zone has agree to fonn another board within
their organization to oversee what they are doing and where the monies are
going, and they have agreed that you should appoint two or three members to
that board to control the zone itself.
'
18 February 24, 1994
1. . ___ —. "" —_--j _ ........... ........w., .......va••v= ova a.•acr rrY•arrvana a�cai.a....
First of all, the Old San Juan Corporation, which is a private, for fit
corporation, and does have the persons that were mentioned here as their
directors. What was not mentioned is that the only, the sole stockholder of
Old San Juan is the Wynwood Community unity Board, the Wynwood Community
Organization. Therefore... and that is something that is very commonly done
with, every.cammnity-based organization, not only in this town, but in this
State and all over the country. They do form private, for -profit corporations
to bring in additional funds into the commmity-based organization, and to do
certain works that are not allowed under certain grants that they obtain from
public corporations, such as City of Miami, HUD, and others. So the
stockholder of Old San Juan Corporation, the private, for -profit corporation
that has been mentioned here is the community -based organization, Wynwood.
Commissioner Plummer: Mr. Duran.
Mr. Duran: Yes.
Cam:issioner Plummer: You bring me one other example of a CBO (community
based organization) in the State of Florida for profit organization, that has
a ten year old a ten year old son of the president who is, in fact, the
.treasurer, and I'll retract my statement. I don't think you can find one, but
if you do, .you bring it to me.
Mr. Duran: I was going to address that issue, but the father of the young man
is here, so.
Mr. Rios: I'm almost ashamed of you to have to bring in my son.
j.
Carmissioner Plummer: For the record, your name and address.
Mr. Rios My name is Bill Rios.
19 February 24, 1994
1 �
Vice Mayor Dawkins: _OK. OK. Well, when did you start?
Mr. Rios: 19... when did I start with Wynwood?
Vice ._Mayor Dawkins: No, no, no. You said that you had anot-for-profit...
you had something and the name of it was Old San Juana
Mr. Rios: Right.
Commissioner Plummer: No, -that's not correct. Sir, you don't even know the
name of your own corporation. It's OSJ, Inc.
Mr. Rios: Right.
Commissioner Plummer: Old San Juan Corporation is a restaurant corporation
which was transferred two years ago through the Secretary of State 's office to
a restaurant organization on Brickell Avenue. You are not Old San Juan. You
don't even know the name of your own corporation! It's OSJ, Inc.
�'-
Mr. Rios: Management and Development, Inc.
Commissioner Plummer: Excuse me?
Mr. 'Rios: It's Management and Development, Inca
"Commissioner Plummer: OK. Fine. But it's OSJ. It's not Old San Juan. -
Mayor. Clark: All right.
Mr. _Rios: Well, that's what the OSJ means.
Mayor Clark: Please. !
Mr. Rios: Commissioner Plummer, can I answer your question, please? I wasn't
sure exactly what you were asking.
Commissioner Plummer: Yeah, well, if you'll let me make my statement, you can
answer my question. You're stating that this is not for profit for you, for
in
anything.but with the board of your control, as you did with your salary
the past, with three members of a board, that could change tomorrow.
Mr. Rios: That's not true.
Commissioner Plummer: And that's what I'm scared of; that tomorrow, you can -
change all of that, when you have control of the board. That's why I want 50
percent of the control of that board. Very simple.
'-,
Mayor Clark: All right. Let me tell you what we're going to do, folks. Just
�:-
a minute. Now, everybody calm down. This happened B.C.
Cammissioner Plummer: Before Clark.
Mayor Clark: "B.C." means before Clark.
21 February 24, 1994
A
i
Commissioner Plummer: And "B.G."
Mayor. Clark: And it's not going to be messed up today. We're going to do '
this'calmly. If you want to speak, give me your note, and I will be happy to
recognize you, but nobody jumps out of attention. Now, proceed. You have the
floor for a minute or two, Mr. Duran. After that, all of my colleagues who
'
want to, just show me the sign and I'll let you speak. But only just a few
minutes,'you can speak.
Mr. Duran:I'll just add a couple of other things to clear the record. One
thing that I think the Commissioners should know is that both the Foreign
Trade Zone and Wyrtwood has provided during the past two months every single
piece of paper that the City of Miami has required of them to prove, first of
all, financial capabilities; secondly, that there's nothing illegal at all in
anything that they have done; thirdly, that they open their books in good
faith to show that their whole and only intent is the benefit of the Wymgood
community, which has been paralyzed for the past four years simply because
nobody has been able to get this thing going. And this thing is now in the
process of being put... of being able to get going, and we are still debating'
things that have already been cleared up. The third thing that I'd like to
point out, Commissioner Dawkins, if I may for a minute, is that the board of
directors of Wynwood Community has passed a resolution which provides
essentially the following.' First, that the it is prepared to accept three
members appointed by the City Commission out of a slate of nine members
selected by the City Commission. Out of those nine members, the board of
directors of Wynwood would pick the three members who would sit in the board.
In addition thereto, Foreign Trade Zone, which is the management company that
will build the Foreign Trade Zone, and will do, more or less, carry out the
ongoing: business of the Foreign Trade Zone, is prepared - and it's a private
corporation, nothing to do with the City, not funded by the City, it's a
private corporation made up of private investors - is willing to put in two
members in its board of directors chosen by the City Commission of Miami to
oversee both their operations and the operation of Wynwood Board. I think
that that is a very legitimate offer, I think it's a very, very well meaning
and good faith offer, just to get this process going. I may also point out
that to our knowledge, there is no other CBO in the whole City of Miami that
is required by the City Commission to put members on its board.
Commissioner Plummer: Mr. Mayor.
Vice Mayor Dawkins: Mr. Duran.
Mayor Clark: Wait, please. Mr. Dawkins first.
Vice Mayor Dawkins: Mr. Duran, for the record, please spell out the means and
methods by which the City of Miami Commission has paralyzed the Wynwood area,
so that when we go to court, I'll know what to defend myself against.
Commissioner Plummer: That's right.
Mr. Duran: Well, it's essentially, every time that we have been before this
City Commission, there has been additional requests and requirements, which I
may add, have been complied with. Every time a new issue arises, every time a
new problem comes up, we have 'complied with everything...
22 February 24, 1994
S
}
Ccimissioner'Plummer: I object to that.
Duran: ... -everything that the City of Miami has required, except
samething which is a matter of principle, and also is a matter of we do not
want .tb set a precedent, because there are other issues involved with places
again like, HUD `and 'other funding; organizations, and because no other CBO in
this City has it. And that is a question that we are prepared to let the City
Commission have members on the board, but why not a slate? Why not let the
board. pick? Which is exactly how it's done, exactly how these articles of
incorporation are scheduled, and exactly like everybody else does. If you can
provide us with a slate of nine members, the Wynwood board has passed a
resolution accepting that from that slate of nine members, three members would
'
be appointed to its board.
Commissioner Plummer: The tail wagging the dog.
Vice Mayor Dawkins: I'll ask it again.
Ms Kearson: Mr. Vice Mayor.
Vice Mayor Dawkins: I'll ask it again, sir. In what way has this Carmi.ssion
3:
held up the Wyn�,rood Free Trade Zone for four years?
Mr. Duran: I cannot detail it right now. I'm not prepared to answer your
+:
question right now. But I am prepared to meet with you again privately. As a
matter of fact, I...
Vice Mayor Dawkins: No, no, I would prefer that you just put, it in writing
`
sometime to me, and I'd appreciate it. Thank you.
Mr. Duran: I will try to do so.
Mayor Clark: All right. Mr. Manager, you're recognized, then Mr. Plummer.
Mr. Odio: I wanted to clarify the record.
Cacrmissioner Plummer: I got a problem, Mr. Duran. You're my good friend, and
you're going to be later, but when you make a statement you're not prepared to
back up, I got a problem with that. OK? I got a real problem with that.
Ms. Kearson: And with all due respect to Mr. Duran, I think any questions
that may have been posed to the Wynwood Board and/or Dade Foreign Trade Zone
were legitimate issues that this Commission has the right to address. I think
what we need to do now is to address those issues as they have been presented
to us`. But previously, because we had no knowledge and no information about
-"
Dade. Foreign Trade Zone, we had to get information from your client and from
f
that body as well.
Mr. Duran: And we've responded to every inquiry.
Commissioner Plummer: Oh, yeah, you responded...
Mayor Clark: Wait a minute now, please, now. Please.
23 February 24, 1994
t
Commissioner Plummer: I still have the floor, I thought, Mr. Mayor.
Mayor Clark: That's right, Mr. Plummer, then Mr. Odio.
Commissioner Plummer: Your organization, sir, did respond in their awn damn
sweet time. It.took them forever to give answers. Now, Mr. Manager, did
they, in. fact,. lose about $350,000 for not filing with the State of Florida
proper documentation that they were supposed to.file that they didn't file?
Mr. Odio: I don't know about that. I just want to put on the record that it
has not been four years; that as a matter of fact, if the Wyn ood Economic
Development Corporation obtained the license, it was because we put up the
money for the consultants to finalize the application, to take it to
Washington, Cammissioner Dawkins and myself. We met with George Depontis, we
got the franchise approved. The only delays that have been caused here have
been by g without our knowledge, proceeded to :enter into
their own doing. They,
a ;99-yearlease between themselves without the final approval of this
Commission. And that's a fact. And when we discovered that they had issued
that lease without our approval, we proceeded then to uncover all these
I
corporations, all these things that were going on there. I do say again that
those things have been corrected. But we are not... we did not, Alfredo,
delay that process for four years at all. If anybody delayed it, it was their
own doing.
>Mayor Clark: Mr. Plummer, you have the floor.
Commissioner Plummer: Mr. Manager, to your knowledge, has this City
Commission ever given another CBO (Cammunity Based Organization) in the City
of Miami.a $3,000,000 piece of property?
Mr. Odio: Yes, we have.
Commissioner Plummer: $3,000,000?
Mr Odio: I don't know if it's $3,000,000 but we have given properties to
other CBOs for housing.
Camimissioner Plummer: For housing, yes, which was basically sold.
Mr. Odin: Yeah, the answer to your question is yes.
Commissioner Plummer: OK. When we went to get the Free Trade Zone license,
did not we go hand in hand, with the feeling that it was a joint venture, to
Washington?
-'-
Mr. Odio: Well, yes.
C
Ca Im issioner Plummer: OK? Because they wanted that joint venture, and they
,..
wanted - what was it from the State? - $7,000,000?
Mr. Odio: They were looking out for grants, fran both the State and the
federal government.
f
f
24 February 24, 1994
3.
far as the makeup is concerned. With all of the bad history - and it's bad
history, I.. think, you'll admit that - bad history that's on the record, why
should we not demand 50 percent, if that has happened in the past? Pretty is
t,
as. prettydoes. ,
s
Mr.:Ddian: For .the record, I do not admit a bad history and...
Mayor Clark: Well, excuse me. Let me ask this: Did all these things occur,
you 'had to have it cleaned up?
Mr. Odio: Yes, sir.
- Commissioner Plummer. It all had to be corrected.
Mayor Clark: All had to be corrected? I - you...
Mr. Duran: No, no. Mayor Clark, none of those things, like I stated before,
were matters that were illegal, and they were corrected when requested
corrections,' and they were provided the information when that was requested.:
�;:..
If there was no request made, there was no information provided, because
simply, the board of Wynwood did not know. But the issue here is that... the
issue here is that the board of Wynwood, under its articles of incorporation
and its bylaws has the right to elect through the membership its own board of
4
directors: And we're making a concession to permit the City of Miami to put
`
members on the board because of the good faith that they have to want this
project to go forward. And we have made a proposal which I think is very
reasonable, that you provide a slate, and we will pick from that slate.
Vice Mayor Dawkins: Let me ask one question. I was trying not to say
anything else. Five members from wherever, three members fram the City of
Miami... Will all of the times coincide and the elections be held, say,
annually? Every member is voted on and be replaced, or will it be staggered
terms, or haw would that do, and how many years would the three mercers from
the, City of Miami -'how many years would they be on the board? No, no, no,
ma'am. I need the City - I need their attorney. I need their attorney.
Mr. Duran: The bylaws and articles provide for annual elections.
Vice'Mayor Dawkins: Annual election of wham?
Mr.' Duran: Of the members of the board of directors.
Vice Mayor Dawkins: All of the board of directors?
Mr. Duran: That's correct.
Vice Mayor Dawkins: That's in the record, now. OK. Now, you better check,
Mr. Duran.
I
Commissioner Plummer: How many are there?
Vice Mayor Dawkins: You better check, Mr. Duran.
Mr. Duran: Oh, in staggered, in staggered terms.
4
c
26 February 24, 1994
E
r
.,
Vice Mayor Dawkins: Who is staggered?
Mr.'Duran: I don't know. The list depends on who gets elected what year.
Vice Mayor Dawkins: No, no, no. Is it the City of Miami people staggered, or ,
is it the other people staggered? OK. '
Ms. Cuervo: Let me just state something for the record, Commissioner.
Mayor Clark: Well, the City of Miami has been staggered a long time.
Ms. Cuervo: Commissioner, let me just state something for the record. The
-three appointees that they're allowing for the City Commission to appoint...
Vice'Mayor Dawkins: No, they're offering. They're not allowing. They're
offering.
Ms. Cuervo: Well, that they're offering for the City Commission to appoint
only are for one year. They will fall off and the board will revert to seven
at the end of one year.
Commissioner` Plummer: Isn't that convenient?
Ms Cuervo: OK. But please remember that you also have another appointment
by the ,City Commission by virtue of the deed when we granted the land. OK?
Mayor Clark: OK. I'll tell you, this is...
Ms. Cuervo: So for right now, for this one year, you would have four
appointees.
Commissioner Plummer: May I establish a record?
Ms. Cuervo: But that's only for one year.
Mayor Clark: Please,.please, just a moment. Mr. Gort.
Commissioner Plummer: Surely.
i
Commissioner Gort: Being the new guy on the block, I got a few questions.
Arai Mr. Duran, as you were saying, you came in here, and you made a lot of
changes' and allocations, because of things that happened in the past. My
question - and I don't know who would be able to answer this - the Trade Zone
Performance, that's a federal permit, who oversees that things are done'
according to the way they should be done, and that they follow the guidelines
andcriteria of the performance...
Ms. Kearson: The Federal Government.
Commissioner Gort: ...with the regulating agency?
i
Ms. Kearson: The Federal Government, Customs Department would oversee the
Trade.Zone's operation.
t
27 February 24, 1994
W+,�*i;?glL
y
Commissioner Gort: Customs Department...
Ms. Kearson: Customs,
Commissioner Gort ...would be in charge of overseen this.
Ms. Kearson: That's correct.
Commissioner Plummer: Not the Administration?
Commissioner Gort: No.
Mayor Clark: Put Jim Stover in charge.
Commissioner Plummer: Does the City have any jurisdiction at all in this
thing?
Ms. Kearson Not with respect to the Foreign Trade Zone.
2F
!'7
Commissioner Gore: The only way we can have any jurisdiction is through the
boards
Ms.: Kearson: It's.through the board, that's correct.
Commissioner Gort: Now, my understanding now, Mr. Duran, the for -profit is
owned by the =nonprofit.
Mr. Duran: That's correct. `
i
Commissioner torts The nonprofit is the seven members that you presently?
Mr. Duran: That's correct.
.'
Commissioner Gort: The seven members, they elect themselves.
Mr: Duran: No It's, elected by the...
Commissioner Gort: Who elects them?
Mr. Duran: ...by the members of the Wynwood community Hoard. Mesribers of
the...
Commissioner tort: Who are the members of the Community Hoard?
Mr. Duran: We provided a list to the Administration.
n n �i a arni irv9 In nYxnl arR _
Commissioner Gort: How do people get to be member of that board?
1Mr. Rios: They subscribe.
Commissioner Gort: Anybody can be a member of that board?
Mr. Rios: As long as they are from Wynwood, in one capacity or another.
Commissioner Gort: What are the requirements to be a member of that board?
Mr. Rios: You have to be a resident, business owner, or work.
Commissioner Gort: Resident or business owner and you have to allow them to
be a member of that board?
Mr: Odio: I need to put on the record, the only document we don't have...
Commissioner Gort: My understanding is - this is on the record - my
understanding is that anybody can became a member of this board, the only
requirement is that you have to be a resident, or have business in the area.
Mr. Odio: No, sir.
f:..;
Commissioner Gort: No one... That's what they tell me.
Mr. Odio': That is not accurate.
Commissioner Gort: Members... my understanding... wait a minute, excuse me.,
The statement made by the applicant is that anyone that lives within the area
of Wynwood, or anybody that works in the area of Wynwood, can became a member
of the association.
Ms. Kearson: I think you need to make a distinction between your board of
directors and your members of the...
Commissioner Gort: My understanding is the board of directors is elected by
-E
Ms. Cuervo¢
Let me clarify this, Commissioner Gort. The members vote and
�.,
anyone who applies, resides within Wynwood.
That's how you became an eligible
{
applicant.
But you have to be voted in
by a majority of the Board of
Directors.
So, if the majority of the Boards
of Directors decides... says,
then
even if you live in Wynwood and
you applied, they can deny your
membership.
Now, I have asked the question,
"Is there any basis for denial?"
and I have been told, "no." But, that is not stated anywhere.
29
February 24, 1994
X
1.
z
;...,.
I
Mr. Olio: I want to put on :the record, we have asked for a list 'of the
members, and .we have not obtained it.
'Comimissioner Gort: Excuse me.
.`
Mayor Clark: All right, let's cane to a decision. But, -go ahead, Willy has;
the floor. Then after...
Mr. Duran: Cesar, the list has been provided to to... Yes.
Mayor Clark: Please! Pleases Pleasel Mr. Gort, has the floor.
t
Commissioner Gort: Mr. Duran. Mr. Duran.
i
Mr. Duran: Yes.
Commissioner Gort: My question is, since this is for Wynwood, and I'm sure
you,are going to became very popular, and I'm sure that everybody wants to be
a member of this organization. Are they going to be able to become members?
Mr. Duran: As far as I can tell from the articles, again, there is no
`criteria for denial that I can see other than the fact that they are residents
or business people from the Wynwood area.
Commissioner Gort: Those are the only requirements?
Mr. Duran: As far... Yeah, as far as I know at this time from the articles
ofincorporation and the bylaws.
Mayor Clark: All right. Let's hear fran this distinguished gentleman now.
Commissioner Plummer: Mr. Mayor, are we still on Commission questions?
Mayor Clark: Yes. Just a minute.
Commissioner Plummer: Mr. Manager, I think you need to establish on the
record how long, under normal circumstances, when you have asked for
information it has taken them to reply? And in sane cases today, as is this
document which they just gave you, how long ago, just for example, how long
ago did you ask for that document?
Mr. Odio: November 18th.
Commissioner Plummer: OK. Where... In another words...
Y
Unidentified Speaker: Whoal Whoal
I
Ms. Cuervo: Yes, we asked for it back in July.
�a
Mr.-Odio: July, I'm sorry.
Commissioner Plummer: July.
i
30 February 24, 1994 t
E
r
i
Mayor Clark: Pleasel
Mr..Duran: Commissioner... Commissioner Plummer.
'.
Mayor :Clark: Listen, hold on.
Mr. Odio: I need to put something on the record, Mr. Mayor. They tell me
that to be a.member of the board, and this is the first time I've seen this
list, you have,to be... live in... a resident in the Wynwood Community, so I,
haven't had a chance to look at it, but there are people here who live in Ft.
."
Lauderdale, Coral Gables, Lauderdale lakes, Coral Gables.
Mayor Clark: Pleasel Please, folks!
Mr. Rios: Read the whole thing.
Mr. Odio: Wait, wait, I'm going through that.
t,
Mayor Clark: Pleasel Please, Mr. Rios!
Mr. Rios: This is their work address.
Mr. Odio:_ You stay out of my business for a minute? OK. I'm.trying to...
{,
;:.
and I just saw it, so, the home address, Bayshore Dr., Miami, business
address, 2100 Biscayne Boulevard.
Commissioner Plummer: Do I still have the floor? I thought I did.
Mayor Clark: He is responding.
Mr. Odio:, 5500 S.W... 5500 S.W. 128th Avenue, in Ft. Lauderdale, and he does
I business on 25 N.W. 34th Street. There is another one here, Ivonne Rivera,
3565 N.W. 38th Terrace, in Lauderdale Lakes, and her address - business
address = is 1200'Brickell Avenue. I mean...
Mayor. Clark: OK. Please. We got it pretty good. Mr. Plummer, let's wind
this up with you, and then we'll...
Commissioner Plummer: You know, we have a problem around here, I thought we
were designing to help the needy and not the greedy. Mr. Manager, the last.
time that we had a discussion here, we talked about who set Mr. Rios' salary.
And, on.the record, am I with a correct statement that there were three people
members of the board, the minutes reflected, Mr. Rios, his auditor, and a
female employee set Mr. Rios' salary. Am I... Is that a correct statement?
I think it's in the...
I
Mr. Odio: There were three board members that met...
Cam Ussioner Plummer: Yeah.
l:
Mr. Odio: Mr. Rios was one of them...
Commissioner Plummer: Yes, sir.
31 February 24, 1994
0
Mayor Clark: Yes, sir.
CamUssioner. Plummer: Mr. Duran, either you or Mr. Rios, how much is
anticipated profit, but more so, any profit is going to be used for what
purpose?
Mr: Duran: All the profits that are to be received by Wynwood or OSJ, would
be profits that would be used for the benefit of Wynwood community.
Conmissioner Plummer: And who will decide...
Mr. Duran: And let me respond to the previous question.
Commissioner Plummer: Who will decide where those moneys are going?
i..
Mr. Duran: The Board of Directors of Wynwood.
Commissioner Plummer: Oh, solely.
Mr. Duran: Beg your pardon?
Commissioner Plummer: Solely.
Mr. Duran: Absolutely. That's how it's done.
Coamissioner Plummer: OK. But again, I want to make it very clear that no
member of the board, present or future, of either Wynwood or OSJ Inc.,
whatever that is, OSJ Management and Development Inc., will receive any
monetary consideration of any kind or any kind of gift, or any kind of
consultant fees whatsoever. Is that a true statement?
Mr. Duran: That is a true statement.
Commissioner Plummer: And if so, would then you be willing to sacrifice and
give it back to the City canpletely? If that were to change?
Mr. Duran: Not me, but, I guess whoever took it would.
Commissioner Plummer: But, what I'm saying is...
�."
Mr. Duran: No, we are saying that's a true statement, yes.
Commissioner Plummer: ...I don't want... You see my fear, Alfredo, my fear
is torarrow that rule will change. That's my fear, Mr. Mayor. Thank you.
33 February 24, 1994
Mr. Gonzalez-Goenaga: Go to the essence.
Mayor Clark: Address the Ccmnission, please. Let us play to the crowd.
Mr. Gonzalez-Goenaga: Well, I, as a Puerto Rican -American, believe that a
good name is better than riches. There is something fishy from everything
that I- have heard here. And let me tell you, I do have schooling and I
have.... and I am 55 years of age, and this hair is grey because of experience,
not because of youth or ingenuity. What is the motivation on all this voodoo
setup of corporations? Let's go make, it simple, my dear friends, and... and
I, as according in this nation, when you invest three million dollars, you
invest it, and you don't get representation? This is the pillar of democracy!
Corporations are the pillars of democracy owned by the share holders. Meaning
�. the City of Miami, Commissioners, that belongs to the citizens invest three
million dollars, and they are not going to have a representation? And I am
?: Puerto Rican, my friend, but I... I am a very... a man of legality and
justice. And sometimes they are not the same. So, whatever before Clark
means... And, I am not surprised of anything that was made before Clark, but,
it's about time that after Clark, scmething is radically changed. So, let's
go and make a simple thing, not a voodoo statement, it's an understatement
here, of corporations. Let's keep it simple for the motivation of the
benefits of the whole community on Wynwood, and not.to enrich the pockets of a
few fellows. Thank you very much.
Mayor Clark: Thank you, Mr. Manuel. Thank you. All right.
Commissioner Plummer: Mr. Mayor, I'm sorry, sir, I have to ask for the floor
again:
Mayor Clark: One more time.
Camnissioner Plummer: Mr. Duran, I am going to ask you, and I am not going to
put you under oath, but I am going to ask the question again. Is any member
of the Board of Wynwood or OSJ Management and Development Inc. getting any
monetary consideration, any benefit, any gift as of today?
Mr. Duran: Fran where?
Camnissioner Plummer: I'm asking from this scenario.
f (INAUDIBLE BACKGROUND CaOENM NOT ENTERED INFO ME PUBLIC RECORD)
F.. Commissioner Plummer: What? I said or benefit.
l
Mr. Duran: CSC. The only benefit that is being obtained at this point is Bill
Rios gets a $700 per month allowance for autanobile to travel from Miami to
Ft. Lauderdale just about everyday to consult with the Foreign Trade Zone
members in order to provide for the architectural plans and the administration
34 February 24, 1994
AAk
plan for the Foreign Trade Zone. That is an allowance, for a car allowanceo,
for the travel.
Commissioner Plummer: Arid that is a lease on a car...
Mr. Duran: But, it does not... That does not came fromm Wynwood, or from OSJ.
it comes as an allowance for a car for the preparation of the architectural
plans and other consultation that has to be done in order to make this thing
work.
Commissioner Plummer: And that is paid for by the private company who hopes
to develop the Trade Zone, is that correct?
Mr. Duran: That is correct.
Commissioner Plummer: And, for $700, may I ask, what kind of car it is? I
mean, I can rent a Cadillac for $499.
Mr. Duran: It's an allowance, I don't know what kind of car.
Commissioner Plummer: It's an allowance.
1 Mayor Clark: Let me ask this question, J.L.
' f -
Commissioner Plummer: OK. Yes, sir.
Mayor Clark: Don't we have a Free Trade Zone here in Dade County?
Commissioner Plummer: Yes, sir.
Mayor Clark: Could we get the same information there rather than going to Ft.
Lauderdale?
Mr. Duran: No, well, that's a competing organization. I'm sure they will not
share. As a matter of fact, they are very competitive in this issue, it's a
business.
Mayor Clark: All right.
Mr. Duran: They will not share any information with us.
Mayor Clark Thank you. I am looking for a motion on this item. In...
Commissioner Plummer: Mr. Mayor, as far as I am concerned, my position has
not changed and I'll formulate it into that of a motion. And that is that
this only be granted and get off of dead center by virtue that the board be
constituted of 50 percent members from the Wynwood community, and 50 percent
appointed by this board. That no member of the Wynwood Free Trade Zone,
excuse me, the Wynwood Community Based Organization, or the OSJ Management and
Development Inc. cannot and will not in the future, ever, receive any salary,
. ' benefit, remuneration, gift, or anything that all of the dollars have to go
into the community, based on the first part of my motion which will be decided
by the Wynwood Free Trade... by the Wynwood Community Based Organization, and
their 10 member board. I offer that in the form of a motion, Mr. Mayor.
35 February 24, 1994
Ms.. Kearson: Since you seconded, Mr. Mayor, I must caution you that what you
are imposing upon individuals is prohibited. You cannot restrict a person
from contract.
Vice Mayor Dawkins: Or an organization.
Mr. Kearson: You can't... No, that is just improper, illegal. We would just
have... That's a constitutional violation, you just can't do that.
Mayor Clark: Well, J.L. and I have been known as outlaws before, so we give
it a try.
Ccmmissioner Plummer: Well, no, no, no. I... OK. But, then, Madam City
Attorney, you are very learned in those activities. You understand what I am.
trying to accomplish, then tell me how to do it that is constitutionally
correct. You find a way to tell me, not the way it can be done. Look.
Ms. Kearson: Listen...
Commissioner Plummer: ...we all understood from day one...
Ms. Kearson: Right.
Commissioner Plummer: ...this was not for personal gain. And that's what we
are trying to accomplish.
Ms. Kearson:That's right, I understand that. I understand that. I think
the most legally defensible position the City of Miami should take at this
Juncture is to ratify the lease that allows them to move forward. If in the
future they do not perfonn in accordance with the deed, we have a recourse.
Commissioner Plummer: Oh, no, no, no. I...
Ms. Kearson: They are...
Commissioner Plummer: ...am not going to be on the outside looking in.
Ms. Kearson: Well. Well.
ComUssioner Plummer: Let's go to court. Mr. Mayor, if I can't...
Ms. Kearson: Well, that's...
Commissioner Plummer: No, excuse me, if I can't do that, my motion then, sir,
is let's go to court. Or let's do nothing and if they take us to court, we'll
j see them there, and in five or six years after the community has suffered, I
hope Wynwood will understand that this Commission tried to get it off of dead
center and protect the community, not individuals. Protect the community!
Mayor Clarks All right.
36 February 24, 1994
'L41W I.F.XLLLA W.Ld..L L= VWIL=L& ivJ. 4 1./iVii.. vvipviw..ay.. •.+-- ••---- -,c ----. .
board. They are the ones that can determine who they want to hire L and who
they want to do the work. I don't think you can really tell somebody not to
hire someone. I have seen it in other parts where the for profit has worked,
and has worked for the benefit of the community. But, I believe, along with
you, we should have equal representation there because of the past history
that we have in here.
Commissioner Plummer: All right, well...
CamLi.ssioner Gort: I will be in favor if you eliminate the hiring of the...
' Ca m issioner Plummer: All right,. look, that would be the same thing as far as
{.;, I am concerned, and I will offer a motion, if that's acceptable, and it's
Ms. Quintana: The Commission, but, I'd like to...
Mayor Clark: Well, he'll get the message.
}
Ms. Quintana: Well, my name is Dorothy Quintana, I live in Wynwood 39 years.
And I would like to ask one question. And this is, how many years he has been
An Wynwood in this community development. What has he done for Wynwood? I
don't see what he's:.. He hasn't done anything for Wynwood, and he is
supposed to work for Wynwood, and this...
Commissioner Plummer: Yeah, that's right.
Ms. Quintana: ...is my only question, it's no other question that I can ask.
Mayor Clark: Thank you. Thank you so much.
Mr. David Shear: Mr. Mayor, may I be recognized please?
Mayor Clark: Who do you represent?
Mr —Shear: - My name is David Shear, I'm an attorney, I represent Dade Foreign
r
Trade Zone Inc.
Mayor Clarks Dade Foreign Trade Zone.
Mr. Shear: Yes, sir.
Mayor Clark: Is that the one on the west side of the City?
Mr. Shear: No, Dade Foreign Trade Zone Inc. is the proposed... is the lessee
of the lease that is before this Commission that we are asking to be approved.
Mayor. Clark: We have a motion on the floor, it's up to the Commission to
recognize you, if you want to be recognized.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor, if I might?
Mayor Clark: Yes.
Mr. Jones: The motion you. just proposed is really... I've got serious
problems with it. Either you approve it, or you don't approve it. If the
board wants to go along with putting 50 percent City Commission appointees,
and 50 percent neighborhood, that's fine. You know, I've... I have to say
this because I've cautioned you...
Camnissioner Plummer: That's easy.
Mr. Jones: ...I've written... I've written you legal opinions, whatever
i
f
else:
Commissioner Plummer: That's easy.
Mr. Jones: OK.
38 February 24, 1994
i
Mayor Clark: All right.
Co nnissioner Plummer: Mr. City Attorney, Mr. Mayor, I move we deny.
f
Mayor Clark: You move?
Camtissioner Plummer: Moved to deny it, that's all. Now, if they, want to,
cane back and make an offer. They've offered to us, they made an offer to us.
We've rejected it. Now, if they want to cane back and make another offer,
I'll make another motion. But, at this point, we deny. And we'll meet hem
in court. I mean, they got plenty of money.
Mayor Clark: Is there a...
Commissioner Plummer: They got great lawyers.
Mayor Clark: Is there a second to the motion?
Commissioner De Yurre: No, there is no second.
r
Mayor'Clark: Is there a second to the motion?
Camm9.ssioner De Yurre: I'd like to be recognized, if I may?
Mayor Clark: All right, sir.
Cannissioner De Yurre: Mr. Mayor, I'd like, if Alfredo, if you can explain to
me again_, how those the major, the top corporation functions, the one that's
open to all the public?
Mr. Duran: According to the bylaws, Commissioner De Yurre...
Carmissioner Plummer: Can I see a copy.
Cannissioner De Yurre: Do we have copies of the bylaws, and articles of
incorporation of that?
Mr. Duran: We've given that all to the...
CamAssioner Plummer: Yes.
Mr. Duran: ...City.
Cammissioner Plummer: Yeah, we have that.
Carmissioner De Yurre: We have that, OK.
Mr. Duran: According to the bylaws, anybody that lives or works, doesn't have
to live, can live or work...
Camiissioner De Yurre: Uh-huh.
39 February 24, 1994
i
Mayor Clark: All right.
of ,-
Mr. Odio: Just so we clarify the record, one more time, because we... their
own bylaws says clearly that they must... members must reside in Wynwood, and
t
that is not the case.
Mayor Clark: Well, you see that's another...
Commissioner Plummer: No, no, the bylaws...
Mayor Clark: 'That's another missed cue on samebody's part. Not to work there,
but to have investments there, but to live there. And that's only natural, if
YOU are going to have a representation of a neighborhood or an area, people
got to live there, not in Georgia.
Mr. Odio: That's right.
Mayor Clark: All right, call the roll on the deferral.
Commissioner Plummy: Well, may I ask a question?
Mr. Shear: Mr. Mayor.
Mayor Clarks Yes, sir.
Cammissioner Plummer: Mr. Rios.
Mayor Clark: _ Please, sir.
Commissioner Plummer: Mr. Rios, do you live in Wynwood?
Mr. Rios: No, sir.
Commissioner Plummer: You do not. So, you can't legally be a member ,of the
board., is that correct, Mr...
(INAUDIBLE BA KG10JND GAS NOT ENTERED INM THE PUBLIC RECORD)
Mr.-Odio: He cannot even be legally a member of the corporation according to
their own bylaws.
Commissioner Plummer: OK. OK. So, Mr. Duran, who do you represent?
Vice,Mayor Dawkins: I call the question.
Mayor Clark: Call the question. Call the roll, Madam Clerk.
41 February 24, 1994
Aulk
'
T1M0JPON MOTION DULY MADE BY; MAYOR CLARK AND SECONDED
f
BY PLU44ER, ITEM 3 WAS DEFERRED TO MARCH 24, .1994 BY
THE FOLLOWING VOTE:
AYES: :' Commissioner Wifredo Gort
Commissioner Victor De Yurre
Ca mii.ssioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins`
Mayor Stephen P. Clark
NAYS: None.
'
ABSENT: None.
CI'S MADE DURING ROLL CALL:
Commissioner Plummer: I vote, yes. But, Mr. Mayor, may I clarify? Did we,
in 'fact...
Mayor Clark: Pleaset
Mr. Rios: This is correct. This is the (unintelligible) of members.
Mr. Duran: Let me, just for clarify, Mr. Mayor.
Mayor Clark: Please, sir, we got a roll call going right now.
Ccxmiissioner Plummer: Mr. Mayor, is itto be scheduled for the time that the
Manager, has all the answers or definitely to the 24th?
Mayor,Clark: Can you get it back by the 24th of...
Vice Mayor Dawkins: Mr. Mayor, the Manager will be in Berlin.
•,•.
Commissioner Plummer: That's why.
Mr. Odio: I'll be here the 24th.
Vice Mayor Dawkins: Yeah, but you won't be back...
Mr. Odio: No...
Mayor Clark: Oh, yeah, yeah, way before that.
Commissioner Plummer: Can we make it subject to the Manager being ready to be
prepared for whatever date that will be?
Mayor Clark: No problem. Accept that.
Vice Mayor Dawkins: Definitely the 24th.
Commissioner Plummer: OK, fine.
Mayor Clark: Go ahead.
42 February 24, 1994
Commissioner Plummer: Thank you, sir.
APPLAUSE'.
Mr. Duran: Just to clarify the membership issue, Commissioner Plumper, the
bylaws of the corporation, what it states is as follows, "The Board of
Directors_ shall adopt 'a membership application form. The application form
shall require name, address, and telephone number of applicants. There shall
be space for the secretary to sign certified if the secretary believes the
applicant to be over the age of 18, and living in the service area. All
person wishing to became members shall fill out an application form. The
secretary examines each application, signs the place indicated, appear to be
the age of 18, and resides in the service area, the applicant becomes member
upon the secretary signature of the applicant form. The secretary shall keep
UP to date membership list in the back of the minute books." So anybody can
became a member that resides in the area.
Mr. Odio: No, sir. I may put on the record, that on page one of the bylaws
it says, "Members, any individual, 18 years of age, or older, who resides in
the service area, is eligible for membership in the corporation." They have
to reside there
' Mayor Clark: OK, we deferred this because we have... we probably commit
perjury before the day is over, or something like that. All right, thank you
all, March the 24th.
Commissioner Plummer: Can we all be furnished a copy of that list of the so
call members?
43 February 24, 1994
i
Mayor Clark: Yes, sir. I will.
Ca[tini.ssioner Plummer: Can we have a copy?
�.
Mr. Odio: They will not provide us that list.
'
Mayor Clark: Well, I'll tell you, sanebody is cruising for a bruising, if you
know what I mean.
Cammissioner Plummer: But, wait, Mr. Mayor. That document was surrendered,
Mr. City Attorney.
Mr. Jones: Yes.
Commissioner Plummer: That document was surrendered, which automatically E
makes it a public record, am I correct?
Mr. Jones: No, what was surrendered were names on the record.
Cammissioner Plummer: That's right.
Mr. Jones: But, we don't have, technically, you don't have possession of the
document.
l.:
Commissioner Plummer: The Manager had it in his hands, that's not possession?
Mr. Odio: But, they took it back and they won't release it.
Mr. Duran: We have very good reasons for not releasing it which we have
explained...
Mayor Clark: I'll tell you what...
Mr. Duran: ...we have explained to Cristina and to the Manager.
Mayor Clark: I'll tell you what, I might... you want to vote to kill it right
.
now? ;
Commissioner Plummer: Well, excuse me, would you explain to me?
Vice Mayor Dawkins: You know, Mr. Mayor.
Mayor Clark: Yes, you may.
Vice Mayor Dawkins: Now, they have just demonstrated that Mr. Duran and the
other, they have just demonstrated that they do not intend to be fair. I move
to deny.
i I
Mayor Clark: What is that, Miller?
E;
E
Vice Mayor Dawkins: They have just demonstrated that they do not intend in
any way to cooperate with this Commission to help this Commission look out for
the citizens of the City of Miami, by him taking back a document that he gave
-.t
44 February 24, 1994
t
't,
Aft
v
the City Manager to read. It's wrong, and I move to deny the application,
whatever, we got.
Mr. Duran: Commissioner Dawkins, if I may? One of the reasons was that there
was a,previous agreement that we would...
Vice Mayor Dawkins: No, sir, you gave something he read into the records -
Mr. Duran: If I may finish, Commissioner?
Vice Mayor Dawkins: My Clerk... No, you let me -finish. My Clerk has it
recorded, sir, and what she recorded becomes public information. Now, the
Miami Herald or anybody else would came to us requesting that information and
r
we do not have it,. sir. Now, Mr. City Attorney, you tell him about the public
information law because somewhere here, sanebody is wrong. You, Mr. City
Attorney.
Mr. Jones: Again, Commissioner, the information that is read into the record
is a public record. OK. The mere fact that the document that was given to
the Manager to peruse and taken back, we have no control of it, so technically
r°
the document is not in our control. Nor can I think it be said that this is
an instrumentality of this particular agency, is necessarily an
instrumentality of the City, such hat the document would be a public record.
t..
So, you ]mow...
4
Vice Mayor Dawkins: OK, that's all right.
Mayor Clark: It has been deferred to March the 24th.
,..
Vice Mayor Dawkins: The 24th, I'll see what we have on the 24th.
Mayor. Clark: That's right.
Camilissioner Plummer: Well, I can tell you one thing, if they don't cane with
that document prior to the 24th, they are wasting their time corning here:
Mayor.Clark: Well, that's all right, maybe they are wasting their time.
Commissioner Plummer: That's their choice.
i
45 February 24, 1994
MINUTES OF PLANNING AND ZONING MEETING OF nZ
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day of February, 1994, 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 6:03 p.m. by Mayor Stephen P. Clark
with the following members of the Commission found to be present:
Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
AIM PRESENT:
Cesar Odio, City Manager
!
A. Quinn Jones III, Esq., City Attorney
Matty Hirai, City Clerk
}
Walter J. Foeman, Assistant City Clerk
9.(A)DISCUSS AND WITHDRAW PZ-9 (APPEAL OF SPECIAL EXCEPTION GRANTED BY ZONING j
BOARD TO ALLOW CONSTRUCTION OF A SERVICE STATION AT U.S. 1 AND '27.
AVENUE) ; -- APPEAL WITHDRAWN ON ACCOUNT OF SETTLEMENT HAVING BEEN REACHED
AMONGST INTERESTED PARTIES. (Applicant: American Equity Site
Developers; Inc. Appellants: R. Perez, J.M. Smith, H. Weisberg, and N.
Marmesh.)
(B) VICE MAYOR DAWKINS EXPRESSES CONCERN ABOUT LACK OF PARKING FOR NEW POLID
TROPICAL RESTAURANT AT U.S. 1 AND 27 AVENUE AND POSSIBLE FUIURE PARKING
SHORTAGE AT SAID INTERSECTION -- REQUESTS ADMINISTRATION TO REPORT BACK
ON THIS ISSUE.
------------------------------------------------------------------------------
Carmi.ssioner Plummer: That's their choice.
Mayor Clark: All right, fine. Before we move to the ordinances which we must
tonight. For the record, Sergio Rodriguez, Zoning Director has a settlement
°.c
that reads, on item PZ-9.
<�
Mr. Sergio Rodriguez (Assistant City Manager): Yes, my understanding, sir, is
1
that they have dismissed the appeal. So, you can announce this so we don't
!
have to... people that have to...
Mayor Clark: All persons interested in the Planning and Zoning number 9, it's
been... the appeal has been...
46 February 24, 1994
't
i
Mayor Clark: All right.
Camtnissioner Plummer: Well, excuse me. Is this not an appeal?
Mr. Rodriguez Right.
Mayor Clark: It was an appeal. But, they withdrew their appeal, J.L.
Mr. Rodriguez: All the appellants gave us a copy of their dismissal of the
appeal.
Mayor Clark: OK. So, what do we have to do here?
Commissioner Plumper: Well... you }mow, I have to ask a question, Mr. Mayor,
of I the City. Mr. City Attorney.
A. Quinn Jones III, Es q. .(City Attorney): Yes, sir.
Commissioner Plummer: You know there is a provision where any City
Commissioner has also the right to appeal as well as any member of the public.
OK. Now, 'in this particular case, a number of people have cane to my office
and were concerned, and I did not appeal as a Commissioner because the appeal
had been put in. Now, you are telling me that they have settled without
telling me what the settlement was, with the people that appealed... I didn't
put in- an appeal because it was already there. And I got to tell you
samthing, there is something unfair here, because I want to tell you, I will
not settle for this matter to be appealed without knowing in public what the.
appeal was. What the settlement was. This is unfair. And, Mr. Mayor,
there's got to be a provision that if in fact the... a person appeals... I'm
speaking,more to procedure than this particular item.
Mayor Clark: I get you.
Commissioner Plummer: That if a person who puts an appeal withdraws or
settles their appeal, that a Commissioner still has the right to bring the
matter before this Commission.
Mayor Clark: Anytime.
Commissioner Plummer: OK. Well, we don't have that right now unless.
Mr. Rodriguez: Right.
f Commissioner Plumper: ...we do it within 15 days from the time of the
hearing.
47 February 24, 1994
LAC
trying to do is expedite.
Commissioner Plummer: Mr. Mayor.
was...
F Mayor Clark: Tony.
Same people here so
If they'll tell me what the settlement
Commissioner Plummer: ...as we know the great bugaboo was the serving of
not serving, the selling of alcohol, and that's all the phone calls that I
have received. What is in reference to the selling of alcohol? How has that
been settled? I think that's the whole issue at this point. And I'd like to
know how that matter was settled. I think we have the right to know.
Mayor Clark: For the record, your name please.
Mr. Tony O'Donnell: Mr. Commissioner... Mr. Mayor, Mr. Commissioner, for the
record, my name is Tony O'Donnell and I am representing the original applicant
on this matter, and also on the appeal. We had extensive negotiations with
the church, with the immediate neighbor, with the homeowners association and
with another owner in the neighborhood, all four of wham took an appeal
I. separately on this matter. We've negotiated at length with all of them, and
reached a final resolution which is embodied in a document which is now public
f record in Dude County running with the land.
Commissioner issioner Plummer: Yeah. But, you see, tell me...
Mr. O'Donnell: With respect to the alcohol, with respect to the alcohol...
Commissioner Plummer: OK.
Mr. O'Donnell: ...we agreed with them on two things. One, that we would not
sell beer or wine for three and a half hours during the early morning hours
from 2:00 until 5:30 in the morning. We also agreed that in the event, in the
future, if this Commission were to decide to limit the sales of alcohol
further to a time between 11 p.m. and 6:00 in the morning, that we would not
assert, and the assessors entitle would not be able to assert any type of
grandfather rights in order to retain the right to sell alcohol in a larger
time frame. Because...
Commissioner Plummer: OK...
Mr. O'Donnell: So that, we felt was fair and they felt was fair, and that was
what...
Commissioner Plummer: One other question I have, Tony. There was a question
in reference to the amount of square footage that could be dedicated to the
sale of alcoholic beverages. As we ]mow, it was predicated on the one by my
house at 17th and Dixie, and there was a contention that it's more than 30
' percent of that place is more for alcohol than it is for a convenient store.
How many feet here were dedicated?
I Mr. O'Donnell: There is no limitation on that issue. But, the total square
footage of the mini mart has been reduced to 3,500 square feet with only 3,000
48
February 24, 1994
'
total 'square feet, for convenience store sales. There was no issue..'. the
'
issue was resolved without making a specific limitation on that particular
issue.
Ccmmissioner Plummer: And they agreed to that?
Mr. O'Donnell: Yes, they did.
Commissioner Plummer: Thank you, Mr. Mayor. I have no objection.
Vice Mayor Dawkins: I have one question. I mean for Mr. Rodriguez. Is this
the property on...
Mayor Clark: Twenty-seventh.
Vice Mayor Dawkins: ...27 and...
Mr. Rodriguez: U.S.-1.
;.
Vice Mayor Dawkins: And U.S.-1? ,
Mr. Rodriguez: Yes, sir.
Conmi.ssioner Plummer: The old Gulf Station.
Vice Mayor Dawkins: What... how many parking spaces is required for the total
project?
Mr. 'Rodriguez: Let me have... I have to find out the information, I don't
have it in the top of my head.
Comnissioner Plummer: You are saying the whole shopping center?
Vice Mayor Dawkins: Yes.
Mr. Rodriguez: But, it...
Vice Mayor Dawkins: Because right now one place has opened and that is the
Tropical Chicken place, and you can find no place to park.
Mayor Clark: Yeah, but half of that is...
Vice. Mayor Dawkins: So, now... I'm wondering if when the total facility is
opened, if there is going to be other auxiliary parking on the side for the
chicken place, or if ever... how many spaces are going to be needed for every
place? Now, that I need for you to get back to me, sir.
Mr. Rodriguez: I will get that information back to you, sir.
i.
Vice Mayor Dawkins: Thank you. Go right ahead, sir.
Mayor Clark: Thank you. Mr. Dawkins.
[AT THIS POINT, ITEM PZ-9 WAS WITHDRAWN.]
49 February 24, 1994
04
__ - -_ --- -----
------- -- ------------------------- ------ - ---- ------ --- --
10 DISCUSS ,AND CONTINUE TO MARCH 24, 1994 MEETING CONSIDERATION OF AGENDA 1,
PZ-8 (APPEAL OF SPECIAL ExCEPTION GRANTED BY ZONING BOARD TO AULOW ONE
ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL,2,500 SQ. FT. OF LOT AREA,
FOR MrAL OF 10 EXISTING DWELLING UNITS AT 3156-3174 VIRGINIA STREET) --
REQUEST FOR CONTINUANCE DUE TO IMMIEPARTIES TRYING TO REACH A
SEIT.' (Applicants: N. & P. Fdrisi, T. Barrett, S. De Lems and I.
Buholzer. Appellants: Joyce Nelson for Coconut Grove Civic Club, and
James McMaster.)
----
------------------------------------------------------------------ -----
Mayor Clark: Item number 4.
ti
Cammissioner Plummer: Do we have to do anything, or it's just withdrawn?
Mayor Clark: Sir.
Commissioner Plummer: OK. Mr. Mayor, I have a comment from somewhere with a
briefing, that that was possibly the case with item one and item eight`that.we
are going to compromised. Sergio, is there anything to that, that we can
release those people now?
Mr. Sergio Rodriguez (Assistant City Manager): Well. Item 1, PZ--1, there
will be a possible settlement, and maybe we should wait until we get into that
item.
Commissioner Plummer: Oh, I'm sorry.
t
Mr. Rodriguez: On PZ-8, I understand there is a request by both parties to
continue to March 24th because they weren't reaching a settlement. But, they
haven't the documents ready yet.
Commissioner Plummer: So what do you want to do, defer?
Mayor Clark: You want it continued?
Mr. Rodriguez:, PZ-8 continued to March 24th. But, I would like to have both
parties here on the record to announce...
Commissioner Plummer: Agreed to the deferment.
Mr. Rodriguez: Agreeing to that.
Mayor Clark: Mr. Dougherty, for the records, give us your name.
`
Ms. Lucia Dougherty: Lucia Dougherty, representing the applicant in PZ-8, and
Tucker Gibbs is representing the...
('INAUDIBLE BACKGROUND COM40TS NOT ERMW INM THE PUBLIC RECORD)
Mayor Clark: Mr. Tucker.
50 February 24, 1994
r
#i
} t
Ms. Lucia Dougherty: And we would ask for a continuance for one month.
a y,
Mr. Tucker Gibbs: Yes.
Mayor Clark: You,guess...
Cawdssioner Plummer: I move... I move the deferment on 8.
Vice Mayor Dawkins: What is 8?
Mayor Clark: Eight is... they are trying to come to a settlement.
Carmissioner Plummer: Both have asked for one month.
Mr. Rodriguez: To continue...
Ca►missioner Plummer: Both sides have asked.
Mr. Rodriguez: ...to March 24th.
r;
?.
Vice.Mayor Dawkins: Who?
Carmissioner Plummer: Both sides asked for one month deferment.
k:
Vice Mayor Dawkins: OK.
Mr. Rodriguez: And then the other item, PZ...
Mayor`Clark: Just a moment. Please, please.
Mr. Rodriguez: Oh, I'm sorry.
Mayor Clark: Motion and a second. If there is no exception, Madam Clerk,
cast ' -a unanimous ballot. Deferred until March the 24th.
'I N�IEREUPON MOTION DULY MADE BY M41ISSICNER PU MM AMID
SECONDED BY VICE MAYOR DAWKINS, ITEM PZ-8 WAS
CONTINUED To MARUi 24TH BY THE FOUDWING VOU t
AYES: Commissioner Wifredo Gort
Cammissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
4.
NAYS: None.
ABSENT: None.
51 February 24, 1994
atr jfA yS�_7 �3"5�
shy fit f is k.'` '"1 _
t
r —r ----------r r ---�------- -----r r rrrr —r ------rrrr }
rr—r—rr-- — r—rrr rrrrr r— �. r rr r r
11. CONTINUE TO MARCH 24, 1994 MEETING CONSIDERATION OF AGENDA,PZ-10
(CONSIDERATION OF (a) REQUESTED APPROVAL OF 'THE FLORIDA AVENUE
,.
FLANN M STUDY" [AUGUST 1993] PREPARED BY DOVER KOHL AND PARTNERS FOR
FLORIDA`AVENUE NEIGHBORS FOR PROPERTIES ABUTTING FLORIDA AVENUE. FROM
MATILDA STREET Ta McDONALD STREET; AND (b) RECOMMENDATION THAT THE
COMMISSION INSTRUCT CITY MANAGER TO INITIATE FURTHER WORKSHOPS WITH
:NEIGHBORHOOD). (Applicant: Planning, Building & Zoning Dept.).
Mr. 'Sergio Rodriguez. (Assistant City Manager): Excuse me, there was another ,
'itemthat .you asked me.
Commissioner Plummer: Oh, I'm sorry.
Mr. Rodriguez: Item PZ-10, there was a request also from the neighbors to
continue this item till March 24th.
Mayor Clark: Which one?
Mr. Rodriguez: Item PZ-10.
k
Mayor Clark: PZ-10.
Commissioner Plummer: Is that Florida Avenue?
Mr., Rodriguez: Florida Avenue.
Commissioner Plummer: And they want to defer?
Mr. Rodriguez: They asked us to please defer it. They sent me a fax.,
Mayor Clark: The applicant is the City of Miami.
Mr.. Rodriguez: Yeah.
Commissioner Plummer: Well. If that. that's not necessarily true, Mr.
Mayor. We are the applicant on a planning study.
Mr. Rodriguez: Uh-huh.
Cammissioner Plummer: The neighbors are the ones that adamant about having
If`they want it, that's fine with me. I'll move to defer 10.
t..
Mayor Clark: Cast a unanimous ballot, Madam Clerk, on PZ-10. Any other?
1..
i
52 February 24, 1994
4
THEREUPON MOTION DULY MADE BY PLUMER AMID SECONDED BY ;
VICE MAYOR DAWKINS, ITEM PZ--10 WAS CONTINUED BY THE
FOLtMNG VOTE:
AYES: Commissioner Wiiredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None. i
------------------------------------------------------------------------------
12. GRAM APPEAL OF ZONING BOARD'S DECISION TO REVERSE ZONING
ADMINISTRATOR'S REVOCATION OF BUILDING PERMIT NOS. 92-0006757, 92=
0006758, 92-0006777, 92-0020432 AND 93-5004911 RESULTING FROM
{.
APPLICANT'S FAILURE. Ta MEET PREVIOUSLY ESTABLISHED CONDITIONS ON
RECORDED COVENANTS -- BUILDING PERMITS REINSTITUTED (WITH MODIFICATIONS)
TO BE APPROVED SOLELY AT PLANNING DIRECTOR'S DISCRETION (CHINATOWN
1:..
PROJECT AT 1825 N. BISCAYNE BOULEVARD / 320 N.E. 19 STREET).
(Applicant: Isaac Shih for Miami Chinese Community Center. Appellant:
Dade Heritage Trust, Inc.)
------------------------------------------------------------------------------
Commissioner Plummer: So, that's eight, nine and ten. Now, I ask again about
item one, is that going to be deferred or a compromise has been reached?
Mr. Sergio Rodriguez (Assistant City Manager): PZ-1, I think that we should
hear it.
Commissioner Plummer: You want to hear it? It's not going to be deferred?
Mr. Rodriguez: I don't think it's going to be deferred.
Commissioner Plummer: OK. Thank you, sir.
Mayor Clark: Wait a minute, let's find out. We are not hearing it right now.
We got other items to go over on the Commission agenda first.
Ms. Lucia Dougherty: Well, we are in a position, your honor, that we have
actually settled with the appellants. And the action that we would like the
Commission to take is to simply reinstate the building permits. We have a
separate agreement with the Dade Heritage Trust to actually approve our plans.
i
We would actually came in and modify the plans. So, we what we would ask you
to do is to modify the decision of the Zoning Board, and approve a modified
set of plans that would comply with the Dade Heritage Trust's request.
Vice Mayor Dawkins: So move.
Mayor Clark: Is there a second?
53 February 24, 1994
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Commissioner Gort: Second.
Mayor Clark: All right then...
Commissioner Plummer: All right for discussion. `.
Mayor Clark: Yes, sir.
Commissioner Plummer: I want to hear from the Department.
Mr. Rodriguez: Yes, I believe the City Attorney has been 1 oking at the
information that was provided to us by Ms. Dougherty this afternoon. And
maybe she has some comments as to the agreement, and whether all the
information is clear to us.
Ms. Miriam Maer: Thank you, if I may? Because of the long history of this, I
would like to read into the record exactly how I would like the motion of the
Commission to read if in fact that is what the Commission would wish.
j
C
Mayor Clark: Please do.
Ms..Maer: OK. The decision of the Zoning Board is modified because this
Cammission has the authority to reverse, affirm or modify. So, the decision
of the Zoning Board is modified to reinstate the previously revoked building
permits with those 'modifications necessary to allow the restoration or
replication of the north and west facades of the Priscilla Apartments
substantially as they exist today. Such modifications to be approved by the
PlanningDepartment... I mean by the planning director at its sole discretion.
Vice Mayor Dawkins: Moved as stated by the City Attorney.
Ms. Maer Thank you.
Commissioner Plummer: OK. I have some questions.
Mayor Clark: Give your questions.
-Carmissioner
Plummer: We presently have $250,000 cash bond?
Mr. Rodriguez: Yes, sir.
`Ms.
Maers Yes, sir.
Commissioner Plummer: OK. Now, if this were to be approved here this
evening, haw long is he going to have before he has something in the ground?
Mayor Clark: Pose that to Ms. Dougherty.
Camdssioner Plummer: Is that 90 days, is it 120 days?
Ms. Dougherty: We...
Commissioner Plummer: The point I'm trying to make, Mrs. Dougherty, is this.
The phase two, to me, is the very crucial phase because that is where the
54 February 24, 1994 f
y
j,
parking really is going toberequired. Now,.what I need to know is from this
,day, if it. were to be, approved, how long before this second phase 'would°kick
in? Is there a definite time frame, Mr.,Rodriguez? Cr Mrs. Maer.
Ms. Dougherty: Mr... Commissioner...
.,
Camnissioner Plummer: No, I'm asking them, please. Is there a time frame
certain?
Mayor Clark. Do you have a time limit on this, Sergio?
Ms. Dougherty: The answer is yes.
Mr. Rodriguez: I'm sorry.
Commissioner Plummer: Is there a time...
4
Mayor Clark: Do you have a time limit before they start?
;+
..
Canmi.ssioner Plummer: ...before phase two has to kick in?
Mr. Rodriguez: Yes. According to the agreement between the two parties...
CamAssioner Plummer: All right.
Ms. Dougherty: No, no, no. No. She would not let me approve that agreement
+ ..
because you have... you have a resolution that has already been in place that
says that the time limit is three years from that resolution which was April
of 1992. So, there fore... '92, '93... Ninety-five, April of 1995 we are
going to lose our $250000 bond or start construction of phase two. I am sure
that at some point given the long history, and the time limit that we are On
today, we .are going to ask you to modify that resolution. But, that's not
before you today:
Caamiissioner Plummer: But what happens if we don't?
Ms. Dougherty: If you don't modify it? Then we lose our $250,000.
Commissioner Plummer: OK. In phase two... Now in phase one, I am told by
mm
Mrs. Dougherty, that in fact there will be 80 parking spaces provided in this
initial phase. _Is that correct?
Mr. Rodriguez: That was the plan that was approved before.
Cammissioner Plummer: Is that the plan we are bound to by now?
I°
Mr. Rodriguez: Right.
Canmissioner Plummer: OK. How many parking spaces are mandated in phase two?
�..
Hello.
Mayor Clark: Do you have any idea, Ms. Dougherty?
Ms. Dougherty: No, I don't.
55 February 24, 1994
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Mr. Rodriguez: I have to find that information.
Commissioner Plummer: Well, see.
Ms. Dougherty: But, it's... It's the...
Commissioner Plummer: My concern has been... and let me just put on the
record again very briefly. They are proposing a restaurant to sit
approximately 260 people. I don't know how many employees that would number.
With 80 parking spaces, we all have to agree... I don't think it's adequate.
What I want to know, Mr. Rodriguez, if in fact he gets this phase one, he
estreats the bond, you know, big deal. We get $250,000. But, it doesn't
relieve the overcrowding of the area by the cars, what happens then? Does he
lose phase one?
Mr. Rodriguez: No. If you remember, Commissioner Plummer, when this item was
discussed before, there was a request for a variance that was granted by the
Commission.
Commissioner Plummer: I remember that.
Mr.4 Rodriguez: And I know that you were not in the prevailing side, but it
was granted by the Commission.
Commissioner Plummer: I remember that also.
Mr. Rodriguez: And I think at that point there was a discussion on the amount
of money, that we placed in the bond. The amount was reduced eventually to
$250,000...
Commissioner Plummer: He couldn't make the million dollars.
Mr. Rodriguez: And that was the solution that the Commission approved at that
time to deal with that issue. And I don't think you... if I may? You are not
dealing with that issue today.
Commissioner Plummer: My concern, if they don't meet phase two, and you are
tel
me that there are no mandated minimum number of, spaces... If they
don't meet that criteria, we get the $250,000, which we already have, we just
Put
it
in the General Fund, I guess, but what happens to the project? Do we
make him reduce the scope of the project? I think anybody in their right mind
has to concur that 80 parking spaces for what is being proposed today, is not
adequate. All right. Now, I want this project to fly. This man - let me
tell you - has busted his proverbial. He's tried to make deals with Qmni,
he's tried to make deals with the bank. He's tried to make deals with
everybody there for more additional parking. And he can't do it. But, I
think that demonstrates the need. I think we have to have a minimun number of
spaces in phase two that he must meet.
requilred iguez: You were asking me before haw many parking spaces were
Commissioner Plummer: Correct.
56 February 24, 1994
Mr. Rodriguez: The variance... r
Conmissioner Plummer: 'Three hundred and...
i
Mr. Rodriguez: Three hundred and sixteen. {,
Commissioner Plummer: Three hundred and sixteen, and he is providing 80. ODIC.
'
!
So, now, is it understood...
(INAUDIBLE BACKGROU1M MVENTS NOT ENTERED IN'It0 THE PUBLIC RECORD)
Commissioner Plummer: He's providing 80. Required for the scope of the
project is 316.My question is, if in fact he does not meet this criteria,. am
I to understand he cannot build any further or anymore than what he has done
in phase one?
Ms. Dougherty: That's correct.
Mayor Clark: That's correct.
Commissioner Plummer: How much square footage is in phase one?
} '
Mr. Rodriguez: I have to read, I'm sorry.
Mayor Clark: Do you have an idea, Ms. Dougherty?
Mr. Rodriguez: I believe 70,000 square feet.
Commissioner Plummer: A hundred and seventy.
Mr. Rodriguez: No, 70.
Commissioner Plummer: Seventy square... 170,000?
Mr. Rodriguez: No, 70,000 square feet.
Commissioner Plummer: All right, and in phase two?
Mr. Rodriguez: I have to look at the information. I am sorry. I was not
prepared to do this today.
Commissioner Plummer: Well, all right. Let me ask this question then. For
the record because I... you know we are coming at this awful quick here.
i
Ms. Dougherty: Commissioner Plummer, can I...
Commissioner Plummer: Excuse me. Am I to understand that if he does not meet
the criteria which has been established for phase two start up...
Mr. Rodriguez: Right.
1
Commissioner Plummer: ...He cannot do any further in phase two? He is
limited only to phase one, and we get the $250,000? j
57 February 24, 1994
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Mr. Rodriguez: Right.
Camdssioner Plummer: OK.
Vice Mayor Dawkins: OK. Yield, J.L.
CamAssioner Plummer: Is that understood?
Ms. Dougherty: That's understood.
Vice Mayor Dawkins: Yield, J.L.
Commissioner Plummer: I'll yield.
Vice Mayor Dawkins: OK. It's amazing like you said. This gentleman has
..
tried to do this project.
Commissioner Plummer: Without question.
#
Vice Mayor Dawkins: And every crook and turn there's an obstacle. Now...
Cammissioner Plummer: In his own problem.
Vice Mayor Dawkins: ...on we'll arguing about parking. We allowed the School
Board to buy; the Jefferson Building...
Mayor Clark: With no parking.
Vice Mayor Dawkins: ...and they went behind the Jefferson Building where
there was a parking garage and the School Board is putting offices. But,
nobody, said the School Board should provide parking in that same immediate
area. Now, how many parking spaces. is made available because Jordan Marsh
went out of business inside of the Omni? That's parking spaces.
Commissioner Plummer: Not to him.
Vice Mayor Dawkins: But, everybody wants to jump on this gentleman and say he
isn't providing the; parking. But, we don't hold everybody else in that area
up to the same standards.' Now, put the kicker in. Mr. Chapman and those they
are going to put homeless situation less than five feet, I mean five blocks,
away frat were we are. What does this do for the area? How many parking
spaces should they have to have? But, everybody jumps on him about the
parking.
Mayor Clark: Let's move this thing forward. I'm... I'm getting a little...
Commissioner Plummer: Just let me clear the record, please.
Mayor Clark: All right.
Commissioner Plummer: Mr. Dawkins, we did not allow the School Board. As you
know, the School Board is not bound by any zoning applications of the City.
They can do whatever they want. They usually do. I am just concerned, and I
58 February 24, 1994
Cam dssioner Plummer: Is that understood?
Ms. Dougherty: That's understood.
Vice Mayor Dawkins: Yield, J.L.
Commissioner Plummer: I'll yield.
Vice Mayor Dawkins: OK. It's amazing like you said. This gentleman has
tried to do this project.
Commissioner Plummer: .Without question.
t, Vice Mayor Dawkins: And every crook and turn there's an obstacle. Now...
Carmissioner Plummer: In his own problem.
Vice Mayor Dawkins: ...on we'll arguing about parking. We allowed the School
Board to buy the Jefferson Building...
Mayor Clark. With no parking.
Vice Mayor Dawkins: ...and they went behind the Jefferson Building where
there was a parking garage and the School Board is putting offices. But,
nobody said the School Board should provide parking in that same immediate
area Now, has many parking spaces is made available because Jordan Marsh
'went out of business inside of the Omni? That's parking spaces.
Camnissioner Plummer: Not to him.
Vice Mayor Dawkins: But, everybody wants to jump on this gentleman and say he
isn't providing the parking. But, we don't hold everybody else in that area
up to the same standards. Now, put the kicker in. Mr. Chapman and those they
are going to put homeless situation less than five feet, I mean five blocks,
away from were we are. What does this do for the area? How many parking
spaces should they have to have? But, everybody jumps on him about the
parking,
Mayor Clark: Let's move this thing forward. I'm... I'm getting a little...
Cannissioner Plummer: Just let me clear the record, please.
Mayor Clark All right.
Cammissioner Plummer: Mr. Dawkins, we did not allow the School Board. As you
]mow, the School Board is not bound by any zoning applications of the City.
They can do whatever they want. They usually do. I am just concerned, and I
i
58 February 24, 1994
4
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said inmY... MY problem all the way along, I never wanted to vote for a
,f
pro jest !that in my estimation w s destined to fail. And if you don't have
that second phase, and you don't have that additional parking, in my
...
estimation thisproject will definitely under.
. Y go -
j"
Vice Mayor Dawkins: Well, if they keep putting haneless centers in that area,
you will have all the space you need for parking.
Commissioner Plummer: And it's only three blocks away not five.
Vice Mayor Dawkins: That's right. Thank you.
Mayor Clark: Let's move this. There's a motion and a second on the item.
Any further discussion? Call the roll, Madam Clerk.
Cammissioner-Plummer: No, it's...
Mayor Clark: Sir. ;
Carmissioner'Plumner: Is it a motion?
Mayor Clark: Yes.
f`
Commissioner Plummer: OK. '.
Mayor Clark: Mr.Dawkins moved, and...
Catmi.ssioner. Plummer: Excuse me, Mr. Mayor. Sergio and to the City. Attorney,`
the,.comtients that I have just made, you have incorporated in a document
ironclad of what I have said. Is that correct?
Mr. Rodriguez: I don't understand you.
Mayor Clark: It's on the record.
i
Commissioner Plummer: I'm saying that they have proffered to you a document
agreeing to all of the provisions that I have just discussed in reference to
phase'one, `in reference to phase two. Am I correct?
Ms. Dougherty: It's already done.
Mr. Rodriguez: No.
Ms. Maer: Catmissioner, I have...
Cawdssioner Plummer: Where is the document?
Ms. Maer: ...document that reflects that. What we are trying to do is... I
understand the parties have an agreement worked out among them.
Commissioner Plummer: No, no, no. Excuse me. Dade Heritage Trust is a nice
organization. But, they don't vote...
Ms. Dougherty: Commissioner Plummer.
59 February 24, 1994
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Cammissioner Plummer: ...on this Commission. {
z�
Ms. Dougherty; Commissioner Plummer, let me put it proffer for the record. i
Commissioner Plummer: Excuse me. I will vote favorably for this subject to '
you:surrendeking a covenant,,OK?
Vice Mayor Dawkins: I call a question.
Camassioner.Plumner: So, it's subject to a covenant being surrendered to
alleviate my concerns that ,I just made. That's all.
.Vice Mayor Dawkins: I call a question.
Mayor Clark: Call the roll.
Commissioner Plummer: Is that agreeable to the maker?
Vice Mayor Dawkins: Yes, I said call the question.
5
Cammissioner Plummer: OK.
Mayor Clark: - Call the roll.
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60 February 24, 1994
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The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-128
A RESOLUTION, UPON RECONSIDERATION, AFFIRMING THE DECISION OF THE,
ZONING BOARD TO GRANT THE APPEAL, PURSUANT TO ORDINANCE NO. 110000
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE .18,
'SECTION 1800, FROM THE MARCH 22, 1993 DECISION OF THE ZONING
ADMINISTRATOR, RENDERED PURSUANT TO ORDINANCE NO, 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 21,
SECTION 2102, REVOKING BUILDING PERMITS NO. 92-0006757, NO. 92-0006758,
NO. 92-00067771 NO. 92-00020432, AND NO. 93-5004911, AS A RESULT OF THE
FAILURE OF APPLICANT TO MEET THE CONDITIONS ESTABLISHED ON THE
RECORDED COVENANTS DATED APRIL 20, 1992 AS RECORDED UNDER CLERK'S
FOLIO NO. 92 R1`47152 PUBLIC RECORDS OF DADE COUNTY AND DECEMBER 14,
1992 AS RECORDED IN BOOK 15761 AT PAGE 2913, PUBLIC RECORDS OF DADE -
COUNTY, FOR THE PROPERTY LOCATED AT 1825 NORTH BISCAYNE BOULEVARD
AND 320 NORTHEAST 19 STREET, MIAMI, FLORIDA, THEREBY REINSTATING THE
i .. PREVIOUSLY REVOKED BUILDING PERMITS WITH THOSE MODIFICATIONS
NECESSARY TO ALLOW THE RESTORATION OR REPUBLICATION OF THE NORTH
AND WEST FACADES OF THE PERSCILLA APARTMENTS SUBSTANTIALLY AS THEY
EXIST TODAY, SUCH MODIFICATIONS TO BE APPROVED BY THE PLANNING
DIRECTOR AT HIS SOLE DISCRETION AND SUBJECT TO THE APPLICANT
PROFFERING A COVENANT, 1N A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WHEREBY APPLICANT AGREES NOT TO UNDERTAKE CONSTRUCTION OF PHASE II
OF THE PROJECT UNTIL SUCH TIME THAT APPLICANT SATISFIES THE PARKING
REQUIREMENTS FOR PHASE I OF THE PROJECT CONSISTING OF THREE
HUNDRED AND SIXTEEN (316) PARKING SPACES, THEREBY DENYING THE APPEAL
OF DADE HERITAGE TRUST.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
} Commissioner Gort: My understanding, I don't know how many, but I think there is plenty of off-
street parking, you got a lot of meters in the area. I think you should be talking to that:
l
Ms. Dougherty: Thank you very much.
61 : " Febivary 24, 1994
63 February 24, 1994
a" I
:Passed on its first reading by.title at the meeting of January 27, 1994,
was taken up for its second and final reading by title and adoption$ On
motion of Commissioner De Yurre, seconded by Vice Mayor Dawkins, the ordinance
f
was thereupon given its second and final reading by title and passed and
F
adopted by the following votes
}
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AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS None. s
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11123.
t
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----------------------
---------- --------- -----------------------------------
14. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATIC�I AT
3710-12, S.W. 26 TERRACE FROM R-2 TWO FAMILY RESIDENTIAL TO C-1
RESTRICTED DIAL. (Applicant: M. & A.W. Liggio and L.G. Hoyos. )
----------------------------------------------------- ------------------------
i
;Mayor Clark: Item 3. Read item 3, or give me a motion on this. This is a
second reading,
Commissioner Plummer: Wait, wait a minute.
Mayor Clark: Moved. Is there a second? }
Mr. Ricardo Ruiz: Mr. Mayor.
Mayor Clarks Yes.
r
Mr. Ruiz: I just like to clarify one thing for the record. Sir, your name
for the record.
Mr. Ruiz: My name is Rick Ruiz, 3150 S.W. 15th Street.
Mayor Clark: Rick Ruiz.
Mr. Ruiz: Rick Ruiz, R - U - I - Z.
Commissioner Plummer: Are you a lawyer, sir?
Mayor Clarks No, sir, he's a zoning...
Mr. Ruiz: No, I'm a planner and architect, and I'm here with my client.
s
Commissioner Plummer: Are you... are you. Are you appearing here for a fee?
-
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64 February 24, 1994
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Mr. Ruiz: Yes, I am, and I've registered my lobbyist.
Commissioner Plummer: Have you registered as a lobbyist?
Mr. Ruiz: Yes, yes, I have.
,
Commissioner Plummer: Then they need to be sworn in if they are going to
testify.
AT THIS POINT. THE CITY CLERK A VINISTERED REQUIRED OATH UNDER ORDINANCEN0.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Clark: All right.
Mr: Ruiz: The only thing I'd like to clarify, Mr. Plummer, at the last
meeting, mentioned that he did not want any access from the property into the
residential,part of the community. We have an access on the opposite street
which is S.W. 26th Terrace, and it's going off on the commercial side. On the '
.
residential side, we are not going out. We are only going out on the 26th
Terrace:..
i
Mayor Clark: Very good.
Mr. Ruiz: ...adjacent to the commercial.
Mayor Clark: Call the roll, Madam Clerk.
Mr..Sergio Rodriguez (Assistant City Manager): We already approved it.
s
Commissioner Plummer: Is that part of the covenant?
Mayor' Clark: Yes.
Mr. Rodriguez: Yes, it is. Approved it already.
Commissioner Plummer: Fine.
Mayor Clark: Call the roll.
[AT THIS POINT, THERE WAS A UMM43US ROLL -CALL
Ms. Miriam Maer: If I may read the ordinance?
Mayor Clark: Well, I guess.
Ms. Maer: Thank you.
[AT THIS POINT, THE CITY ATPORNEY READ THE ORDINANCE
INTO THE PUBLIC RECORD BY TITLE ONLY
Mayor Clark: There has been a motion and a second.
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65 February 24, 1994 r
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Ma r Mr r, excuse me, there's
Cdnissioner',Plummer: -Excuse me Mr. yo yo Ma
m�snbers of the public 'here .that feel they are being denied.. and wish to speak ,
on this issue.
Mayor Clark: I asked if anyone wished to speak on this item.
(INAUDIBLE BAaWOLW CONIMFNIS NOT ENTERED INM THE PUMIC RECORD)
Commissioner issioner Plummer: But, ma'am, you have to go to the microphone.
Mayor Clark: Yes, ma'am, please cane to the mike. Give us your dame and
address.
Ms. Luz'Maria Perez: Luz Maria Perez, 3780 S.W. 26th Terrace. All right.
t
Commissioner Plummer: Yes, ma'am.
Mr. Perez: I just heard about the 26th Terrace is just going to be like a
I
back street, it's not.
Mayor Clark: No, no, ma'am. He said...
I
,
Mr' Ruiz: No.
Mayor Clark: ...it was not going out on that street. Is that right?
Mr. Ruiz: No, we were... are exiting on the 26th Terrace...
Ms. Perez: Right.
Mr. Ruiz: ...of the same, adjacent to the commercial side, yes.
Ms Perez: Right, and then...
Mr. Ruiz: But, it's not a street.
Ms. Perez: ...what happens to the neighbors in 26th Terrace? When we bought
that home 34 years ago, it was a residential section, and it's more... it's.
called... in the papers, it's called Minor Gables. Now, I don't see why it
has to be commercialized. It's enough to have that enormous building they are
making in Douglas Road.
.,.
Commissioner Plummer: Are you... your concern is the traffic going into your
neighborhood?
Ms. Perez:' No, the traffic, what it's going to bring. I mean, it's going to
stop being a residential section. No, we...
Mayor Clark: It is... all right.
Ms. Perez: You see... I see it... right now we have a store in 37th Avenue
and 26th Terrace, a small market. It brings so much traffic of the delivery,
3
that it's unbelievable. Now, what happens when they are going to
commercialize that more?
66 February 24, 1994
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Mayor Clark: All right.
z
its. Perez: We have Just enough of that. All right, most of those people who
are residents in that biock'are retired. people..
Mayor Clark: Yeah.
Ms. Perez: Or working people that go out in the morning, _when they get home,
they. don't have a parking space. All right, for 34 years...
F
Mayor Clark: All right...
Ms., Perez: ...living there I can really tell you the history of the
neighborhood.
Mayor Clark: Thank you so much for your comments, aril thank you for coking
down.
Ms. Perez: Thank you, Mr. Mayor.
«.
Mayor Clark: Thank you. Did you wish to say something, sir?
( INAUDIBLE BACKGROUND COMI+TS NOT ENTERED INTO THE PUBLIC RECORD) .
Mayor, Clark:, All right, thank you. All right, there is a motion and a
second.
Ms. Matty Hirai (City Clerk): Yes, sir, Mr. Mayor.
Mayor Clark: Roll call.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS P.�MF�IDED, 'I'F3E ZONING ORDINANCE OF THE
CITY OF MLAMT,. FLORIDA ARTICLE 4,'SECTION 401,
SCHEDULE OF DISTRICT RIKIATIONS, FROM R-2 TWO FAMILY
RESIDENTIAL TO C-1 RESTRICTED C( RCIAL FOR THE
PROPERTY IACATED AT 3710-3712 SOiTI MST 26TH TERRACE,
MIAMI,_FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE N0. 42
OF SAID ZONING ATLAS; CONTAINING A REPEALER 'R PROVISION
AND A SEVERABILITY CLAUSE.
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67 February 24, 1994
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Passed on its first reading by title'at the meeting of January,27, 1994 `;
:.
was .taken up for its 'second and final reading; by title and adoption. On.
motion of Commissioner Gort,`seconded by Vice. Mayor Dawkins, the ordinance was:
thereupon given its second and final reading by title and passed'And adopted
bY;the following vote:
AYES: Camli.ssioner Wifredo Gort {
Caamissioner Victor De Yurre
Corrmissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSEVP: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11124.
------------------------------------- --------------------------------------
15 . SECOND. READING ORDINANCE: AM = 10544 (MCNP) FUTURE LAND USE. MAP --
CHANGE LAND USE DESIGNATION AT 1103 & 1135 S.W. 34 AVENUE; 3300, 3314 &
3338 S.W. 11 STREET, AND 1112 & 1120 S.W. 33 AVENUE FROM RESIDENTIAL
DUPLEX TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES..
(Applicants Woodlawn•Park Cemetery.)
y.
- ----------------------- ------------------------------------------------
Mayor Clarks ALL right, next item. I'm going to thank you, folks, for caning
down. Item number four is...
Commissioner Plumrder: Here canes... Here canes Santa Claus, Mr. Mayor.
Mayor Clark: Second reading.
Commissioner Plummer: Jingle. Bells, Jingle Bells.
Mayor Clark: This is a second reading.
Commissioner Plummer: Hi, Mr. Poole. How are you, sir?
Mayor Clark: Do we have people objection... objecting on the second reading
of the ten... no, 1103-1135 S.W. 34th Avenue. It's an expansion to Woodlawn.
Everybody out just dying to get in.
Camiissioner Plummer: Yeap.
Mayor Clark: All right.
Commissioner Plummer: Nobody living in Miami can be buried there.
Mayor Clark: All right. I am going to close the public hearing. Read the
ordinance.
68 February 24, 1994
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Mki.,Gonzalez: For park purposes, exactly. Why? 'Ib you.., you are he City,
a
you are us, I guess.
Commissioner Plummer: And that's volunteered.
{
Mr. Gonzalez: That's volunteered?
Commissioner Plummer: Yes, sir.
Mr.' Gonzalez: Wewouldlike... I'll tell you, we've been living in this
neighborhood for 35 years. I have been living in this neighborhood for 35
years, and everybody else that's here from the neighborhood for roughly the
same amount of time, it's taken us 35 years that we've been living there to
get curbs put `in because we have been for the all 20 - 25 years, we've been
calling 'up,and there wasn't enough money in the City coffers. We understand
that. We asked for it, we asked for it. So, it seems like the only time we
ever .get anything for our neighborhood is when the cemetery plans to do some
addition or plans to do something. That's the only time we have any kind of
E
improvement in our neighborhood. We are very thankful to then, and I guess to
you too.. But, like I said,. we've never received anything.
Commissioner Plummer: But, what are you asking for today?
k
Mayor Clark: Sir, let me ask this question.
Mr. Gonzalez: OK.
Mayor Clark: Just a minute, J.L. Have you gone to the Public Works Director
and found out... find out from him exactly, and show him exactly what you have
in your mind?
Mr. Gonzalez: In the past, nor recently, in the past years...
Mayor Clark: Well, why don't you go back to him. The Public Works -Director
is not present, is he?
(INAUDIBLE BACKGROiMD COK4ENTS NOT MMRED INTO THE PUBLIC RECORD)
Mr. Sergio Rodriguez (Assistant City Manager): I'll ask him to bring it over.
But, Mr. Kay is here as Assistant Director.
Mayor Clark: Yes,. If you would go to see this gentleman to make sure of
your desires, then he'll bring this back to the Commission, it'll have to be
in bond issue. Right? Sidewalk issues, something of that nature?
41
Mr. Jim Kay: Well, right now we don't have any bond moneys for roadways...
Mayor Clark: Well, let's find out.
Mr. Kay: ...but we'll try to work with him.
Vice Mayor Dawkins: Whoa, whoa, whoa. May I, Mr. Mayor, please?
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70 February 24, 1994
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Mayor ClarksYes, sir.
{
Vice:: Mayor Dawkins: There is money within the City of .Miami `either from
Federal moneys or from previous bonds for sidewalks and gutters. Is that not
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a correct statement?
Mr. Kay:. There are no moneys from previous bond.
Vice Mayor Dawkins: Sir.
Mr. Kay: There are no moneys from previous bonds. No, the bond issue is
gone.
Vice Mayor Dawkins: OK. Let me rephrase my statement. Is there money
anywhere in the City of Miami treasury to do sidewalks and gutters?
Mayor Clarks There is now. Wejustapproved sane last...
Mr. Kay: The Cammnity Development Funds are the only funds right now that we
r
are using for that.
Vice Mayor Dawkins: Is there any money available, sir? Yes or no?
Mr. Kay: I -would have to defer that to the Community Development Department.
We are trying to obtain funds for them.
Vice Mayor Dawkins: You mean to tell me that you are responsible for all
public facilities repairs, roads, and what, and you don't know whether you can
repair.a street or not because there is no money? You got to refer to j
somebody.
Mr. Wally Lee (Assistant City Manager): Commissioner Dawkins, Wally Lee. We
have no GO (General Obligations) Bond money left for any repairs.
Vice Mayor Dawkins: Do you have any money at all, Mr. Wally Lee, for the
repair of sidewalks and gutters?
Mr. Lee: Co miissioner, yes, when it's allocated by the...
Vice Mayor Dawkins: OK. Thank you. Thank you. Now, is it anyway that this
gentleman or his... or we could go out to him and his neighbors, find out what
he wants, and see how perhaps sane of that money, or some other money could be
switched into doing what he wants, if he sat down with us?
Mr. Lee: Camtissioner, I'll be glad to sit down with him, and see what we can
do for. him.
Vice Mayor Dawkins: That's...
Mr. Gonzalez: OK.
Mayor Clark: Very good. Go see Mr. Wally Lee.
Mr. Gonzalez: But... Just... just what I wanted... the curbs have been
replaced along 33rd Avenue.
71 February 24, 1994
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AMONb. _ ..
Mayor Clark: Do you have curbs on...
Mr., Gonzalez: There are curbs. And the remainder curbs they... ?
"Mayor Clark:Please, please, see Mr. Wally Lee.
Mr. Gonzalez: OK. But, that...
Mayor Clark:, We are trying to expedite this.
Mr...Gonzalez: ...yeah, what I'm referring to now is not curb, I didn't get to
it. Along the cemetery, the outside of the cemetery right now, OK, they are
going to replace the curbs. That is sanething that we wanted the City to do,
but,; they are, going to do it now. But, there is one step further, over the
past: years, with all the parking problems that we've had... I don't know if
You.... I'm sure you've been to Velvet Creme donut shop over on 33rd and 8th
Street, I don't know if you know we are right in front of it next to the
funeral harie, the area around the cemetery looks very, very badly kept up,
which is City...
Mayor Clark: We got that road closed off.
Mr. Gonzalez: Excuse me.
Mayor Clark: You can't get on that road fran 8th Street.
Mr' ;Gonzalez: No, no, I don't mean... I mean the condition outside the
cemetery. I mean the actual...
: Mayor Clark: -Trail?
Mr. Gonzalez: ...strip of land that...
Mayor Clark: You don't want to put curbs down there?
Mr. Gonzalez:' Yes. They are putting curbs all along 33rd Avenue all the way
back to Ilth Street.
Mayor. Clark: Let Mr. Lee look at it and came back with the recommendations.
Mr. Gonzalez: But, no, no, that's already been agreed to. The cemetery has
agreed to pay for that. OK.
Vice Mayor Dawkins: You know... OK. I asked, I am going to say it again
now, whatever it is you desire, sit down with Mr. Wally Lee and let's see if
we can find the money to do it...
Mr. Gonzalez: But... s
Vice Mayor. Dawkins: ...but, yet, you are telling me you don't want to do
that, you want to do this, and you want to do the other.
£
Mr. Gonzalez: OK. Now, let me get to the point because I'm beating around
the bush..
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72 February 24, 1994 !`
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Vice Mayor Dawkins: eah, you've been beating around the bush. Cane to the
point.
Mr.'Gonzalez: OK, the point is, they... they offered...
Vice Mayor Dawkins: They who? They who?
Mr.Gonzalez: The cemetery has offered $25,000 to the City for City parks. ,
We, the neighbors in the area that are going to be affected by the closing of
the streets, and these. houses being torn down, would like that money to be
spent in our neighborhood.
Vice Mayor Dawkins: The gentleman...
Mr. Gonzalez: The way that we want it...
Vice Mayor Dawkins: The gentleman's... No, no, no, wait a minute.' No, we
can't let you tell us what to put in the park now.
Mr. Gonzalez: No, no. It was... this is what we'd like. We are not telling
YOU you have to do it. This is what we'd like.
Vice Mayor Dawkins: OK. All right, the gentleman said the money go in that
area.
Mr.:Gonzalezt - Well, the area... the... what we are looking for, this is what
we'd like, ,this is... now, we are telling you what we want. We want
landscaping around the cemetery. Landscaping, trees put up.
Mayor Clark: Sir, please. Would you please go see Mr. Wally Lee, bring
yourself rack, this is the middle of the Zoning Hearing here this afternoon.
We.are going to try to accamiodate you with the best ability we have.
Mr. Gonzalez: Well, I was trying to...
Vice Mayor Dawkins: And have them....
Mr.' Gonzalez: ...safe the City some money by...
Mayor Clark: Please...
Vice Mayor.Dawkins: Have the...
Mayor Clark: You know there is an old...
Vice Mayor Dawkins: Have the mothers tell them what they want in the
playgrounds, because the mothers are the ones that take their kids there to t
play. Well, I can let me and you tell them what playground equipment to put
In the parks. The mothers have to do that.
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73 February 24, 1994
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NR. F tYY;SM'h 4e.s:-.., ice;-'" -... ... ..... ;,. _ ..., ... .. .. .... ..... .. .-.. _.. ,,.;.,••..,. _ -
Mr. Gonzalez: Yes, but it's our area that's being... ;.
Mayor Clark: Sir, there is an old adage, you must remember in life, when to
hold and when to fold. And you know what I'm talking about. You are ahead
now,. so, 'don't lose what you gained. Thank you, sir. Call the roll 'on 'the
items. Did you get theordinance read? All right, call the roll.
AN ORDINANCE
AN ORDINANCE AMENDING THE F[nM LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIG BOR OD PLAN 1989-2000, BY CHANGING
THE LAND USE DESIGNATION FROM RESIDENTIAL MWLEX TO
MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES,
FOR _ THE PROPERTY LOCATED AT 1112-1120 SOVI iWEST 33RD
AVENUE;.3300-3312-3314-3320-3338 SOUTHWEST 11TH STREET
AND:1103-1135 SOLMMST 34TH AVENUE, MIAMI, FLORIIaA
(MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS;
IINSTR !'T ING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEAIZR
:.
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of January 27, 1994,
was taken up for its second and final reading by title and adoption. I On
motion of Commissioner Plummer, seconded by Vice Mayor Dawkins, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
-1
AYES: Camnissioner Wifredo Gort
Cammissioner Victor De Yurre
Cam dssioner J.L. Plummer, Jr.
Vice Mayor Miller J.,Dawkins
Mayor Stephen P. Clark
NAYS: None. i
ABSENT: None.
THE ORDINANCE WAS DESIGN= ORDINANCE NO. 11125.
-
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Predicated on... prior to may vote, I have to make the
statement that the Mayor just does not look like Kenny Rogers. But, I vote,
yes. Know when to hold and when to fold.
Mayor Clark: I'll tell you, he just sang the song. He didn't write it.
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74 February 24, 1994
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Ms. Slazyk: Yes.
`
'
that were id for all those violations. Is that a
.Vice Mayor Dawkins: ... pa
correct statement?
Mr, Sergio Rodriguez (Assistant City Manager): The Code Enforcement Board
assessed the fines, the fines have not been collected because they are trying
r
to find a remedy through this... through a variance.
Vice Mayor Dawkins:. CK. , All right, thank you.
Commissioner Plummer: Well, what is actually the violations?
Ms. Slazyk: That there was construction done without building permits. It
doesn't match the tax card.
Commissioner Plummer: But, I mean, was the construction...
Mr. Rodriguez: The construction was not...
Commissioner Plummer: ...done recently?
Mr. Rodriguez: No.
Ms. Slazyk: No
Commissioner Plummer: OK. And is it a setback problem?
Ms. Slazyk: Yes. There are several problems. It's setback, the amount of
green space they have, the entire front yard is concrete. There is zero
percent landscape in the front. They also violate the setbacks and they are`
all listed, the rear, the side, the green space area. There are about...
Commissioner Plummer: This...
Ms. Slazyk: ...ten variances.
Mayor. Clark: How old is this problem?
Mr. Rodriguez: Fifteen Years old. The construction was built 15 years ago.
Therewere complaints that recently came to our attention that there were
violations.
Mayor Clark: After fifteen years?
Mr. Rodriguez: Fifteen, yes.
Commissioner Plummer: It's a...
Mayor Clarks Are the people appealing present?
Mr. Rodriguez: Right.
Ms. Slazyk: Yes.
77 February 24, 1994
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Mayor Clark: Are you people... you people appealing?
Ms. Rita Gallardo: Yes, sir.
Commissioner Plummer: No, they are the applicants aren't they?
-Mayor Clark: No, they are not the applicants.
Ms..Gallardo: No, we are the ones that not like the way this has been done.
Mayor Clark: All right, give us your name and address for the record.
Ms. Gallardo:. OK. I'm translating for her. The address is 2415 N.W. 4th
-Street. Arid we have the pictures here that if you may, I'll pass it around.
You can see that the construction is not 15 years old, it's brand new, it's
made of wood. It's right by the fence. It has taken all the light out of the
back of her house. In case of fire, firefighters are not able to go through
there, and anyone that like to get in a yard to steal something or get inside
the house...
Mayor Clark: Let me ask a question, please. Is the applicant present?
Mr. Rodriguez: The appellant is here, sir.
Ms. Slazyk: The appellant is here. The applicant is...
Mayor Clarks No, the applicant.
Ms. Slazyk: Yes, the applicant is there.
Mayor Clark: Sir, you better stand over here to defend your rights, or you
are going to get chopped up in the melee. Over to the other side, sir. Sir,
use this mike over here.
Ms. Gallardo:I'm sorry, your honor. This is the first time I'm through
this.
Mayor Clark: You are doing very well.
Vice Mayor Dawkins: Pull the mike closer to you so that we can hear you
better.
Mayor Clark: Now, you made your statement about being too close to the
property line and everything else, it's dangerous for you to get by.
Ms. Gallardo: She is telling me that before the... before Andrew came the
fabrication was lower, it was concrete. It was just about three feet. Now,
they have made it six feet or taller, and these are the pictures, and the
neighbors...
Mayor Clark: All right, please, pass those up here, would you?
Cam desioner Plummer: May I inquire of the Department, Mr. Mayor?
78 February 24, 1994
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Mayor Clark: Yes, sir. !.
Cannissioner Plummer: How much of an addition was this, that I assume, added
on? Is it a one roam, is it half a house? How much is the addition? #
Ms. Slazyk: There are whole series of covered terraces, and covered porches
around the mainstructure: The main structure in the original tax card, in
the 1935 tax card, shows that... you know, the structure as it exists with the
bedroans and everything. And they have added all the way around but they have
covered and enclosed porches and terraces all the way around.
Commissioner Plummer: And then we are convinced... the Department is
convinced that this'was done by the present owner, and not a previous owner?
Ms. Slazyk: The application says 15 years ago. And the neighbors are
saying• • -
Commissioner Plummer: CK. Thank you.
Ms. Slazyk: I guess they don't agree.
Mayor Clark: All right. You have anything further to add? Like a prison...
Can you give us your name, sir? Oh, you got more people who want to object?
Ms. Gallardo: Yes.
{
Mayor Clark: Are you an appellant? Came forward. You are appealing.
Mr. Rodriguez: Mr. Mayor.
Mayor Clarks Yes, sir.
Mr. Rodriguez: The applicant was telling me that he doesn't speak...
Mr. James Dunkel: 0K. My name is James Dunkel, I live at 444 N.W. 24th
Avenue. And we are here today to appeal that 10 separate variances on this
Property which are granted after it was built. At the Zoning Board meeting on
January the 3rd. When I came to the meeting on January the 3rd, I thought
that the variances would easily be rejected because it was... for the building
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: Thank You very much.
#°
Mayor Clark: Thank you, Manuel. All right, through an interpreter. Who is ,
going to 'interpret for this gentleman?
'
Mr• Rodriguez: I believe his grandson is here.
Mayor Clark: Grandson?
Mrj Rodriguez: Uh-huh.
Mayor Clark: All right. All right, just give us...
HEREIN TRANSCRIPT, ARE STATEI'S
[NCR'E:IPfl'ERSPERSID THFipIJGHC�fl' THE IN
STATEMERr, PLEASE FIND THE
SPANISH FOLIaWI1`TG EACH AMID EVERY
CORRESPONDING, TRANSLATION INJO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATENUflS WILL BE DENNED BY CAPITAL L�
TRANSLATION WERE MADE BY MR. IARENZO G'UZMAN S GRANDSON.]
Mr. Guzman: `Lorenzo,Guzman. 2415 N.W. 4 STREET.
TRANSLATION: His address is 2415 N.W. 4th Street.
Mayor Clark: Take that little microphone by the... the other one. Well,,
Is that thing hot? All right. We want
just,put-it in'his~hand. I think...
what... Did he build all of these additions to this
to knew, the nature,
Wilding?
Mr. Guzman: ESAS SE HICIERON HALE CCM... LAS . HIZO UN HIJO MI O QUE MURIO
CUANDO EL LA HIZO, YO NO SUPE IA QUE HIZO
HALE 14 ANOS. Y EL LA HIZO Y NO...
EL. ago. His son is naw deceased.
TfZANSI,ATION. His son built that 14 years
Mayor Clark: Fourteen years ago. It's been there for 14 years.
Mr. Guzman: DIECISIETE O DIECIOCHO ANDS-
17 or 18, the addition. He' been dead for 14
TRANSLATIO�i: He says around
years
Mayor Clark: Boy, this is a hard one to...
C nissioner Plummer: Can I ask a question?
ark: Surel .
Mayor C1 Y
#
Camnissioner Plummer: To the Department, of the photographs which I see here,
."..
it looks like, to me, that it's basically an overhang.
...
Mr. Rodriguez: I haven't seen the photos. I'm sorry.
(
I
Canmissioner Plumper: Well, cane look at them. There is no extra charge• I
in violation? Are we talking
�..
mean, are we talking about an enclosed structure
like a roof enclosure? What are we
abouta... what I would call a roof...
talking about?
1
82 February 24, 1994
(nwmIBZE BACKCROOD WNWIS NOT ENIEM INIO THE PLMLIC REMIM)
Commissioner Plummer: Well, I'll... I pay them an awful high price to do
advise.
�'..
Mayor Clark: These are not enclosed areas totally?
Cammissioner Plummer: They look to me to be just an overhang" of a roof
-
extended out to a property line. Is that... Am I right, or am I wrong?
Mr. Rodriguez: It is a canbination, but I... mostly it is covered porches...
Commissioner Plummer: Could... but they are opened underneath. They are
not'..
Mr. Rodriguez: ...open...
Commissioner Plummer: ...they are not enclosed that could be a living unit in
other words.
Mr. Rodriguez: Well, there could... in same cases...
Cammissioner Plummier: I'm not talking about the homeless now, I'm talking
about normal people.
Mr. Rodriguez: In some cases you have fences very close, in other cases you
have walls very close to the top, I would say approximately about one foot, or
one foot and a half from the top enclosed. And the top would be left open.
Cattmi.ssioner, Plummer: But, it's not enclosed where you would live... be a
living unit? Am I correct?
Mr. Rodriguez: Doesn't look like it.
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Commissioner Plutmier: OTC. Mr. Mayor, there is a way to address this issue
t.
that I'receipt of 10...
ve done in the past, and I would do now. You are in
of people who are in favor, that obviously did not respond to you because they
are;.not`on the map. And these people live directly, as I see it, next to
1
these people. The gentleman who spoke very well lives a block away and can't
even see this house. The only way that I can support this issue is twofold.
Numberone, that anything there presently would have to meet the South Florida
Building Code. I'm worried about electrical, I'm worried about anything that
would be possibly a safety problem.
Mayor Clarke Yes. Hazard.
Commissioner Plummer: Number two, that he would have to surrender a covenant
that when that house is sold, that that addition would have to came down, and
comply with zoning regulations. He is an elderly gentleman, I doubt that he
can afford to tear it down today. But, it would be with the proviso that when
he sells that house it is understood that that house must came in compliance
by reverting back to whatever is within the scope of what is permitted. Now,
Mr. Mayor, I...
• 83 February 24, 1994
Commissioner Gort: J.L.
Commissioner ' Plummer: ... am not trying to...
r
Commissioner Gort: Under the additional amendment, if you have said that none
of this facility could be used for living quarters.
Cammissioner Plummer: 01i, that goes without saying.
Mayor Clarke Do you second the motion then?
Commissioner Gort: I'll second the motion.
Mayor Clark: Call... Read the ordinance, read the records.
Ms. Miriam Maer (Assistant City Attorney): This is not an ordinance. It's a
resolution in you package which will be modified to provide the following s
conditions.`- Number one that there must be an inspection to verify that all
structures meet the South Florida Building Code. Especially with regard to
safety requirements. Number two, that the applicant present a covenant in a
form acceptable'to the City Attorney which provides that upon the sale of the
house,', the offending structures, or ,the encroaching structures shall be
removed: so that the house complies with the then existingzoning ordinance.
And number three, that there shall be no additional living units in the
property.
Cammissioner Plummer: - And number' four, that they give permission for the
City, at any reasonable time of the day, to inspect the premises that none of
these violations... none of these amendments have been violated.
Mayor. Clark: Moved and seconded. Madam Clerk, call the roll.
Ms. Mat Hirai (City Clerks Yes sir.
tY � tY
Mayor Clark: Please! Please! Just a moment.
Ms. Hirai: I am sorry.
:.
Mayor Clark: Yes, ma'am.
Ms: Gallardo: May I say something?
Mayor Clarks Yes, you can say sarething.
Ms: Gallardo: I don't know whether you've been able to catch exactly our
point. That things that they are... they put up there, this old lady `doesn't
have any air at all. If you go to her yard at 4 o'clock in the afternoon,
it's like 6:00 or 7:00. There is no light at all going through there.
Mayor Clark: CC.
Ms. Gallardo: She tried to sell her house about two weeks ago. People came,
when they saw that, they didn't want to buy it because they have kids and they
84 February 24, 1994
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stated that when they wanted a backyard, even if it's a little yard, but they
'
wanted sun, they wanted light for the kids to be able to, you know, enjoy the
;
house.
Commissioner Plummier: Mr. Mayor, if I may to this lady that you speak of, how
long has she lived there?
Ms. Gallardo: Two and a half years.
Commissioner Plummer: Two and a half years. When she bought the house she
knew of the existence of the problem at the time?
Ms. Gallardo She told me that when she bough the house, as you can see in
tthe photo, what they built in wood is new, has been built after Andrew storm.
Commissioner Plummer: At any time did she ever register a complaint with the
City?
Ms. Gallardo: ALGWA VEZ TE LE QUEJASTE ALA CIUDAD?
Unidentified Speaker: NO, YO NUNCA'ME QUEJE PERO AHORA QUE QUIERO VENDER IA
CASA Y...
TRANSLATION: She says, no. she didn't know about it. And now that she
wanted to sell the house they valued the house for that because they say that
the way it looks, they see property value down.
Mayor Clark: All right. Thank you for your comments.
Commissioner Plummer: Thank you.
Mayor Clark: Thank you very much. Roll call, Madam Clerk. With those
restrictions:
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85 February 24, 1994
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The `following resolution was introduced by Commissioner Plummer, who
moved `its adoption:
.
RESOLUTION NO. 94-129
...
A'RESMMION AFFIRMING THE DECISION OF THE ZONING BOARD AND GRANTING
SEVERALVARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONIM
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDUIZ OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL,
PERMITTED PRINCIPAL USES, TO PERMIT AN EXISTING REAR YARD SETBACK
(NORTH SIDE) OF '1'-6" (20'-0" REQUIRED), AN EXISTING SIDE YARD ;
SEIB CK (EAST SIDE) OF 1'-6" (5'-0" REQUIRED), AN EXISTING SIDE YARD
SETBACK (WEST SIDE) OF 0'-011 (5'-0" REQUIRED), AN EXISTING FROM'
YARD SETBACK (SOUTH SIDE) OF 19.35' (20'-0" REQUIRED), A G EEN SPACE
AREA OF 200 SQUARE FEET (1111.5 SQUARE FEET REQUIRED) , A BUILDING
FOOTPRINT OF 4411 SQUARE FEET ( 9%) WHERE 2964 SQUARE FEET (40%) IS
THE MAXIMUM ALLOWED, TO ALLOW AN EXISTING OVERHANG WITH A REAR
DISTANCE .(NORTH SIDE) OF 1'-011 (17'-0" REQUIRED), A SIDE DISTANCE
(EAST SIDE) OF 1'-0" (31-011 REQUIRED), A SIDE DISTANCE (WEST SIDE)
OF 0'-0" (3'-0" REQUIRED), ACCORDING TO ARTICLE 9, SECTION 908, LOT
MEASUREMENr, SECTION 908.3. PEROMM STRUCTURAL PROJECTIONS FROM
BUILDINGS., TO ALLOW 0% LANDSCAPED AREA AT THE FRONT SETBACK (6o%
MINIMUM REQUIRED) ACCORDING TO ARTICLE 9, SECTION 908.10.1,
DRIVEWAYS AND OFFSTREET PARKING., FOR THE PROPERTY IOCATED.AT 2415
NORTHWEST 4 STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), ZONED R-1, SINGE FAMILY RESIDENTIAL, SUBJECT TO THE
FOL109IM: (1) CU4PLIANCE WITH THE SOUTH FLORIDA BUILDING CODE,
INCLUDING BUT NOT LIMITED TO ALL SAFETY CODES; (2) THE EXECITTION OF
A COVE[ W, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING
THAT UPON TRANSFER OF TITLE TO THE PROPERTY, (a) THE NONOMFORKM
STRUCTURE (S) SHALL' BE MUM, and (b) THE PROPERTY SHALL BE BROUGHT
INTO CC NPLIANCE WITH THE ZONING ORDINANCIE AND THE CITY CODE, (3 )
NONCONFORMING STRUCTURES) SHALL NOT BE USED AS AN ADDITIONAL, LIVING
UNIT; (4) THE CITY SHALT HAVE THE RIGHT TO ENTER THE HOUSE AT ' ANY
REASONABLE TIME TO ENSURE CCMPLIANCE WITH ALL CONDITIONS OF THIS
RESOLUTION; (5) LANDSCAPE PLAN APPROVAL BY THE PLANNING, BUIMING,
AND ZONING DEPARTMENT; AND (6) A TIME LIMITATION OF TWELVE NONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAIN.
(Here follows body of resolution, anitted here and on
file in the Office of the City Clerk.)
�'.`��:i:}°i"F?"Y,y:tiiw � ray,:..:iey. r � • 'T
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.
—---•-----.--------------------
18. (A)CX�TI'INUE TO MARCH 24, 1994 MEETING CONSIDERATION OF AGENDA ITEM PZ-7
4
(APPEAL OF ZONING BOARD'S DE.'CISION TO UPHOLD APPROVAL OF CLASS II
SPECIAL PERMIT APPLICATION FOR RAISING OF THE ROOF, EXTERIOR AM!ERATICNS
i
AND NEW ENTRANCES M DEVELDWENT AT 2911 GRADID AVENUE [MAYFAIR MALL]).'
4
(B) RECONSIDER PREVIOUSLY TAKEN VOTE ON (A) ABOVE.
(C) DENY APPEAL OF ZONING BOARD'S DECISION M UPHOLD APPROVAL OF CLASS II
�
.
SPECIAL PERMIT' APPLICATION FOR RAISING OF THE ROOF, EMMOR ALTERATIONS
AMID NEW ENDS TO DEVELOPMENT AT 2911 GRAND AVENUE (MAYFAIR MALL)
(Applicant: Belluschi/Beame Architects for George Goldbloom. Appellant:
coconut Grove Civic Club, T. Gibbs, M. Goldstein, and J.Bass Shubin &
Be11as, P.A.)
------------------------------------------------------------------------------
Mayor Clark: Item number 7. Thank you all folks for coming dawn. Item
number 7. Is the applicant and the appellant present?
Unidentified Speaker: Yes, sir.
Camiissioner Plummer: This ought to bring out cast of thousands.
Mayor Clark: All right.
Ms. Lourdes Slazyk: PZ-7 is an appeal of the Zoning Board's decision to
uphold; the class two special permit which was issued by the Planning, Building
and Zoning Department, for the raising of the roof, and exterior alterations
and new entrances for the Mayfair Development at 2911 Grand Avenue. The
Planning, Building and Zoning recamendation is for denial of the appeal and
upholding of the class two special permit as approved with conditions. Again,
since 'this is an appeal, the appellant will present first followed by the
applicant, and then the Department will give its recommendation.
Commissioner Plummer: Question.
Mayor Clarke Yes, sir.
Commissioner Plummer: When you talk about raising the roof, are you talking
about two inches, 105 inches, 33 feet, how high is it proposed that the roof
would be raised?
Mr. Sergio Rodriguez (Assistant City Manager): Ten feet.
CaWdWioner Plummer: Ten feet?
Mr. Rodriguez: Ten feet.
Ms. Slazyk: Ten... It's going to go to...
Cammissioner Plummer: Is that... Is that...
{
Ms. Slazyk: It's going to go to 50 feet, they are not going to exceed 50 feet
which is the height limitations in the SD-2.
87 February 24, 1994
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Commissioner Plummer: Is that to accommodate another floor?
Ms. Slazyk:- It's to accommodate the theatre on the upper floor.
Co ihissioner Plummer: OK. And is that the only thing that we are here about,
is the raising of the roof?
Ms. Slazyk:- Right, the exterior alterations, not the use. The use is
perzmitted generally that 'they `did not have to pull a special permit for the
theatre. The item before you is the exterior alterations. Which is...
Commissioner Plummer: Arai what does that mean? The exterior alterations...
are they changing a facade?
-
Ms. Slazyk: They... the original application had., yeah, for exterior
alterations, new entrances to the development, and the raising, of the roof.
Mayor Clarks Do you have any elevations, any pictures that you can show us?.
I mean.. .
Ms. Slazyk: Yeah, the applicant has the boards for presentation. I don't
care, want to hear the appellant first or you want to see the drawings first?
Commissioner Plummer: Is the exterior change just the entrance and exits, is
that what it is?
Ms. Slazyk: And.the roof.
Commissioner Plummer: And the roof. But, in other words...
Mayor Clark: J.L., I think really and truly, we ought to go to the applicant
first'so we find out what we are talking about.
Commissioner Plummer: Why? OTC. That's fine, Mr. Mayor. But, I just... One
other question that I have, you are then indicating to me that all other
(
reVirements'have been met?
Ms. Slazyk: Yes.
i
Commissioner Plummer: Within the code, such as parking?
f
j..
Ms. Slazyk: Yes.
1
Mr: Rodriguez: Right.
4
Commissioner Plummer: OK. Thank you.
Mayor Clark: All right, let's hear fran the applicant so we'll understand.
We couldn't... by this, we couldn't tell to vouch here.
Mr. John Shubin: Respectfully...
Mayor Clark: For the records.
88 February 24, 1994
with or without conditions and safeguards or denial of applications. We would .
submit to the Commission that the Planning, Building and Zoning staff made no
written findings or determinations as required by section 1305, and therefore,
their granting an approval of the permit is void as a matter of law. Our
principal concern deals with 13058 which deals with the control of potentially
adverse effects generally. And again, section 1305 requires Planning,
Building and Zoning to make these specific written findings. I can submit to
you that at the time of the Zoning Board hearing those findings, in writing,
had never been made. Let me direct your attention at 13058 which notes that
in addition to the review of the detailed items and as appropriate to the
particular class or kind of special permit, and the circumstances of the
particular case, review for appropriateness shall be given to potentially
adverse effects generally on adjoining and nearby properties, the area, the
neighborhood, or the City, or the use or occupancy as proposed, or its
location, construction, design, character, scale or manner of operation.
Where such potential adverse are found, considerations shall be given to
special remedial measures appropriate in a particular circumstance in the case
including screening, or buffering, landscaping, etcetera. There has been
absolutely no findings contemplating the potentially adverse effects of
raising a roof to accommodate 10 movie theatres. And the traffic the 10 movie
theatres will generate, particularly during peak evening hours. Furthermore,
staff also failed to consider the potentially adverse effect of the theatre
when taken into consideration to uses that already contemplated and approved
for the site, specifically Planet Hollywood. I would submit that the failure
to make these findings virtually makes it impossible for the appellants to
make an appeal, and would render this whole process void. `I now like to turn
it over to Mr. Bass who will summarize same of the neighbors oppositions to
the project.
Mayor Clark: 'thank you.
Commissioner Plummer: Mr. Mayor, I think we are going to do this
systematically. It will be proper if we get a response from the City
Attorney, so that we take this as we go, each individuals...
Mayor Clarke Well, I think... I think the applicant himself is going to be
rebutting what has been stated here.
Commissioner Plummer: He's made a lot of statements and facts of law, and I'd
like to hear from the City Attorney whether she agrees or disagrees.
Mayor Clark: All right. Let's... That's proper.
Commissioner Plummer: If I may, sir.
Mayor Clark: Surely, please.
Ms. Miriam Maer (Assistant City Attorney): It would be the position of the
City Attorney that the package in front of you contains findings of fact when
read in its totality which would support in fact the determination by the
Planning Department that the class two permit was properly issued. And
furthermore, the determination by the Zoning Board after listening from the
presentation by the Planning Department, and by the attorney for the applicant
at the Zoning Board hearing as well as the documentation that was made a part
90 February 24, 1994
'of the class two pemdt, and included in that zoning Board package# and the
traffic study attached thereto as an exhibit, that there is sufficient
e vide'nbe there to support the detenninations.
Commissioner Plummer: Do I surmise from that that what you are saying that as
far as you know everything was legal and in accord?
Ms. Mier: Yes, sir.
Commissioner Plummer: Thank you.
Mayor Clark: All right, Mr. Base.
Mr., Jeffrey Bass: We will respond to those legal arguments in our rebuttal•
�MYMWL- is Jeffrey Bass, my address is 2901 S. Bayshore Drive, apartment 10-F,
pocomit, Grove, Florida. I live in an apartment known as Yacht Harbor which is
.,directly in front of the Mayfair. My actual unit faces and overlooks the
Mayfair. And I am here tonight as an appellant and I'm also here tonight as
an attorney. But, I speak to you now as a neighbor, somebody who lives
directly in front of this. And I am here tonight to ask you to pause. I'm
asking you to pause to consider the complexion of Coconut Grove as it
currently exists. The,cu=ent adverse effects neighbors, residential users of
space. in the Grove face on a daily basis I am asking you - to pause to
consider the use, the.permitted use, of Planet Hollywood, on the ground floor
ofthe Mayfair property, the adverse effects that that would have on the
neighborhood. And then I am going to ask you to pause because nobody has done
so, to date to consider.the merits of putting 10 more movie theatres and other
entertainment use in the middle of a residential area. If you were so
confident in these applicants, and in this application, if you were so
confident that they have carrported with every letter and requirement to this
ordinance, that you will not. require them to enunciate the factual findings
and -determinations that led them to grant this. If you were that confident in
,.
them, and if YOU were so confident that this proposed use will have no further
adverse effects on the people who live in the Grove, not the commercial users,
but 'the, people who live in the Grove, then I ask you, I urge you without a
blink appeal to deny our 1 and to grant that.
Mayor Clark: Sir, I can't understand you. See if we are so confident, now,
where is our confidence coming from? We haven't heard fran the other side.
Mr. Bass: I assure you you will.
Mayor Clark:. Well, I am sure I will. But, not from your vantage point.
Mr. Bass: CK, Ha4ever, if you think that people who live in the Grove... if
you.think that the residents in the Grove... if you think that the homeowners
in the Grove deserve your attention, deserve the findings of fact that your
own ordinance requires, then I would urge, please, to pause until you have
before you information that would relate to the adverse effects that this
proposed use will have on our neighborhood. Quite briefly, everybody has
spoken about Planet Hollywood which is a pennitted use which will be on the
ground floor, and which you will hear from the other side is just -a
restaurant. CK. And we'll have no further adverse effects. Quite briefly,, I
will take no more than 150 seconds of this Commission's time to show you a
91 February 24, 1994
F
video about the permitted use, about Planet Holl wood that aired on network ,
lv
television to'show you just what type of adverse effects we can anticipate,
and what type of adverse effects were nevercontemplated by this application,
Upon deternmination of the video, briefly and succinctly you will hear from a
few more neighbors wham we've implored not to repeat themselves so that you
can further understand the threat that we think this use poses to our
neighborhood. Thank you for your time.
E
Mayor Clark: `All right.
a
C6armi6sioner Plummer: Yeah.
[AT THIS TIME MR. BASS PRESMMM A VIDEO PRESENTATION TO THE W IISSICK.]
Ca wdssioner Plummer: Mr. Mayor, this is all nice, but what does it have to `
do with zoning? We are here about a roof and we are here about entrances and
exits.
Mr. Hass: Respectfully..:
..
Commissioner Plummer: I don't understand what Mr. Stallone has to do with
zoning•
, ..'
Mr. Hass: Respectfully...
Carrnissioner Plummer: I mean, if you are saying that there is gong to be a
large restaurant in this: facility, I think that's worth while. OK. If you
are, saying that it's similar to String Fellows which went broke, that's
worthwhile.
Mr. Bassi No.
Commissioner Plummer:. But, I .. .
Mr.' Bass: I'assure you this won't go broke.
Mayor Clark: All right, let's hear from the people.
Mr. Bass: And just to summarize...
Mayor Clark: Let's hear from the people.
Cam"sioner Plummer: Now, I just want one question. How long have you lived
in Yacht'Harbor, sir?
Mr. Bass: I've lived in there since October.
Cannissioner Plummer: Of this year?
Mr. Bass: That's correct.
Cammissioner Plummer: Thank you.
Mayor Clark: All right, who else is going to speak for the appellant? Yes,
ma'am.
92 February 24, 1994
streets, all over the sidewalks, all over the trees. And this is before we
get a `Planet 'Hollywood, which if you noted on the tape, there are lines and
lines of people to get in. And before we have ten more movie theatres that
would be added to the 16 we already have that we don't need any longer.
Mayor Clark: All right.
Ms. Nelson:There is just too much going on.
Mayor Clark: Thank you. Yes, ma'am.
Ms. Ursula Hughes: I'm Ursula Hughes, I live at 2801 Florida Avenue.
.Mayor Clark: Please, yes, ma'am, a little bit closer to the mike. Pull the
mike down where you can...
Ms..Hughes: Yeah, I live at 2801 Florida Avenue right across from the Mayfair
parking garage in Grove Square where we have...
(INAUDIBLE BACKKGRO= a MENIS NOT ENTERED INM THE PUBLIC RECORD)
Ms Hughes:' Pardon me? Oh, my name is Ursula Hughes, yeah. We have 81
residential units at Grove Square. And I'm here today for the unit Grove...
for the owner's association, I am on the board of directors because we are
having so much problem with the traffic and the noise. We really live in fear
{ there because on weekends, starting Thursday, Friday, Saturday and Sunday, we
have a problem if the police' can't get there, the Fire Department can't get
j there, and we had a lot of problems. So, we really live in a fear. I am an
artist, I work there, and I have had sleepless nights. I've lived there since
187, September 187 In 189 we had a problem with a bar which was called
"Who's in the Grove" and after several months of suffering the City of Miami
'.. called- a hearing with the Police Department and "Who's in the Grove" was
closed. They said a kind of disco or club shouldn't be really in the Mayfair
because it's affecting our neighborhood. For two years I lived in Grove
Square fratt 187 to 189, it was very quiet, by 9 : OO or 10 o'clock the gates
rolled down and the Mayfair is quiet. Right now...
93 February 24, 1994
Mayor Clarks All right.
I
Ms. Hughes: the Mayfair is renting out parking spaces and by 9 o'clock the
t
'
lot is already full. The gates never go down, the noise goes... it's squeaky
noises, I have photographs here to... all night long until 5:00 in the
t:
morning.
Mayor Clark: All right.
Ms. Hughes: And we cannot sleep.
Mayor Clark: Thank you, ma'am. Thank you for your comments. Yes, sir.
Mr. 'Howard Weisberg: My name is Howard Weisberg, I live at 2975 Washington
Street in the. Grove. I'm the chairman of the Village Council. And I listened
to Mr. Shubin's arguments about the egress and the... and I just wanted to
Point out that the Miami City Commission passed a resolution July 12th, 1993-
designating a category B project the acquisition of professional planning
services for the Coconut Grove Planning Study. The canmittees were set up,
the money, was set aside and the Planning Study is to address these exact
issues. And I really believe that this would address. Mr. Shubin's issues and
at lot of the ,projects that are caning up.
Mayor Clark: Thank you, sir. Yes, sir.
Mr. Michael Goldstein: Good evening, my name is Michael Goldstein. I am...
and I am : a named appellant in this matter. My address is 3034 Oak Avenue,
Apartment number 24. I promised not to take up much more than one minute of
your time. I live in the Safari Apartments two to three blocks away from the
subject site. I'm here to tell you that the adverse impacts felt by this site
and to be further inflicted by the expansion of this site are not limited to
the immediately adjacent properties. The impacts caused by over -development
in the commercial center of the Grove and which will be further suffered if
the: Mayfair project goes forward are felt and endured morning, noon, and
night. They are felt at dusk, and at the evening . as the cars stack up and
backup down my street, Oak Avenue, and down Virginia and other side streets.
They,are"felt at dusk and in the evenings as cars are illegally parked in the
}}
grassy swale areas in front of my building, and those of neighboring residents
L
even further west down Oak. These cars, incidentally, often park on and block
the sidewalks themselves forcing pedestrians to venture on the roadway itself
and compete with automobiles for limited space. The impacts are felt in the
evening, the late evening, the early morning, and well into the next day. As
the residents must deal with the unsightly litter and pollution left by the
Previous night's influx. Without fail, the majority of this litter consists
of broken beer and liquor bottles, and discarded aluminum cans. The many
shards of glass present an ever present danger to residents, pedestrians,
joggers, bicyclists, and pets. I can tell you that the quiet use and
enjoyment of my` neighborhood is adversely impacted, and severely diminished.
We must deal with the noise associated with the traffic and transient of
Pedestrian traffic, and the crime that is attracted. I could go on, but, I
won't.` Simply stated, our quality of life is diminishing. The negative
devise of an adverse impact...
``
l
Mayor Clark: All right.
94 February 24, 1994
r^` t
1
Mr. Goldstein: ...are felt beyond the immediate location of this project.
r
And I urge you on behalf of the residents to uphold the appeal.
Mayor Clark: Thank You, sir.
Mr. 'Goldstein: Thank you.
I,
Mayor Clark: Yes, ma'am.
Ms. Gayle M. Negri -Ferrari: Yes, my name is Gayle Negri —Ferrari - Agnelli -
Matuchi`'and I live at 2901, which is Yacht Harbor, South Bayshore Drive,
apartment 16-H. I think that what I want to say to You all is if this thing
_
is passed, you are ruining, completely ruining, a section of the City that has
beenconsidered a haven for people to rest and to feel happy in. This place
of Coconut Grove has became a menace. I live in the middle of Ringling
Brothers Circus. And I don't like it. It's a three ring circus. And as a
taxpayer, I am paying some of the highest taxes in the City of Miami.
Mayor Clark: Do you rent? Do you...
Ms. Neg=i-Ferrari: And look what we are getting.
Mayor Clark: ...do you own your place?
Ms. Negri -Ferraris Yes, sir. I paid cash for it.
Mayor. Clark: Good. I know some fellow from the Morning Paper paid cash for a
big house to.
Ms. -Negri -Ferrari: And I have lived there since 19... I have lived there
since January 15th, 1987.
Mayor Clarks God Bless you.
Ms.,Negri-Ferraris And I have seen it go down, down, down. I have worked in
Mayfair in 'two shops, two have... which a week ago we took our store out of
Mayfair and moved it permanently to our other store at the Falls.
I:
Mayor Clark: All right. Very good.
Ms. Negri -Ferrari: Because our business is being ruined by what these people
want to do,' this Mr. Goldbloom, wants to do to my neighborhood. To my
investment as a hcmeownerl To a business woman! He is ruining use
Mayor Clark: All right.
Ms. Negri -Ferrari: And it's not just me. And I think that it is an injustice
to all of us that if this thing... I mean, you... There was a denial on the
appeal before if this... if we are not given, there is going to be, I think, a
revolution in this part of the City and that's why we want it to secede.
Mayor Clark: Thank you so much for your comments. Thank you, ma'am. Yes,
sir."
95 February 24, 1994
Ms. Negri -Ferrari: I mean, we have had it. Twenty minutes to go thirty Yards
to your garage.
Mayor Clark: A double thank you. Yes, sir. Thank you, ma'am.
Ms Negri -Ferrari: Thank you.
Mr. Jim ;McMaster: Jim McMaster, 940 S.W. 30th Court, and I have some facts
and figures for J.L. I know he's hungering for same facts and figures.
Greenberg;Traurig will shortly be showing you a display of the buildings in
the area around Mayfair that are over 50 feet in height in an attempt to
justify the fact that they should be able to raise part of their roof. When
you are looking at his display, please, note that at least half the structures
in yellow are on South Bayshore Drive and SD-17 where the height limit is 250
feet or 22 stories. So, it's highly misleading. They also show several
buildings in the Village Center none of which have had variances. So clearly,
Cocowalk did not have a variance, Yarcmir Steiner is here, he can tell you
that they are not over 50 feet, they are within the code. There are a couple
of buildings built under 6871 which are grandfathered in that are,over 50
feet. The studies that were done on this expansion, and this is an expansion,
and a conversion that is going to increase the traffic around this site and in
Coconut Grove in general, done by David Plummer, did not...
Commissioner. Plummer: No relation.
Mr. McMaster: No Well... He did not take into account the fact that there
are 81 spaces required for the hotel ballroom, there a
for the Florida Avenue Hotel Conference Roan, there are 115 spaces required
for the''Mayfair Grill and Ensign Bitters and their kitchen, and there are
another 77 spaces required for the hotel meeting roam. That totals 316
spaces. According to their own facts and figures in the application not one
of these 316 spaces or its impact has been included in their studies.
According to their own figures, they have approximately 1,000 spaces. in their
garages, according to their own figures they require 1,437 which means they
are'430 approximately short plus the 316 they haven't bothered counting for
total of 700... approximately 750 spaces short. So, we have 1,000 on site, we
have 750 thatweare apparently putting in our mythical garage that we don't
have. The impact of this on the areas are critical. The only reason there is
any parking available in Coconut Grove now at night and on the weekends is
basically as we all know, Mayfair is empty. Well, not only are they going to
fill Mayfair with the kind of uses it had before, but, they are going to fill
it with uses that would require a great deal more parking. Another important
issue, and this is raised at the Zoning Board, and Mr. Traurig, or Lucia
Dougherty can correct me, I think that the question was asked will there be
any.valet parking with these 1,000 spaces? And I think what they indicated
was that there would not be any valet parking. Now, if you 'look at their
display that shows the two main parking garages that access off of Florida
Avenue which is already a parking lot that leads from the parking lot of
Virginia Street outside Mayfair's access which is within about three or four
hundred feet, both these parking entrances are marked valet. The one next to
the Mayfair House says "Parking Valet, Cashier" and the one in the original
section of Mayfair says, "Valet Entry." Now, if this is true, the great
majority of their 1,000 spaces can only be accessed by valet, haw are these
96 February 24, 1994
+
\11
r
i
nr
miwie-theatres going to be accessed? It's literally impossible. The original
Mayfair which was similar to the Hal Harbour Shops, the kind of clientele,, the
kind;of uses, valet parking was very appropriate. They were granted building
'permits based on the fact that the uses in this building would permit valet
parking. They are changing these uses. I would also... one more thing,
request that you ask staff... the majority of Spaces in the center of,'the
lding under Rice Street which we've vacated so this could be built. are laid
out as valet parking. All the spaces, and all the garages with the exception
of the small one on the corner of Rice and Florida,' all are interconnected.
It'is my understanding of the code that you cannot have any access except for
valet to these parking' spaces.
Commissioner Plummer: Is the building in the back on Rice part of Mayfair?
Mr. McMaster: Yes, it is.
Camiissioner Plummer: So, they actually have three separate places to go
-
into. ,
Mr., McMaster: They have four.
Carmissioner Plxintmer: OK. The three... Well, four is the hotel.
{
Mr. McMaster: They have two...
Commissioner Plummer: Two in the center...
t.
{
Mr. McMaster: They have two off Florida. They have one...
Commissioner Plummer: ...a hotel, and the one in the back.
r.
Mr. McMaster: ...on Rice, and then back on the other side on Grand there is a
little entrance off of the Rice Street.
:.
Commissioner Plummer: All right. The sum total of all four is 1, 000?
i
Mr. McMaster: A thousand plus.
Camtissioner Plummer: OK. But, wait a minute, plus what?
Mr. McMaster: I think it's a thousand and one.. Is that... Lucia can tell
me. It's a thousand and one or two I think it is.
Cammissioner Plummer: OK. Now, tell me, tell me, Mr. Mayor, if you are
talking about the uses other than the movies, is 316, if I take that from the
1,000 I have 684 left, where are they going if not for the theatres?
Mr. McMaster: Pardon* me. Can you run that by me again?
Commissioner Plummer: You gave me a figure of 316 for uses other than the
theatre I think said a restaurant...
, you
'
Mr. McMaster: Oh, excuse me...
97 February 24, 1994
tx mmussioner riumner: it you subtract that from the thousand that you say is
there...
Mr. McMaster: ...parking summary.
Commissioner Plummer: ...I came up with 684. Now, what are they for?
Mr. McMaster:No, what they did was they have calculated all the parking, and
the restaurants that are not associated with the hotel do have the parking
requirements satisfied.' It's simply any meeting room, ballroom, or restaurant
connected to the hotel, they have not provided any parking in their-
calculations.
Commissioner; Plummer: Well, I'll get it to the department because I'm lost
here somewhere to the effect that, you know, there must be 684 somewhere else
that somebody... they went away.
Mr. McMaster: Well, I think that the key is that there is approximately 1,000
on site now. A great majority of which are valet parking. They are
configured as such, the access isles are substandard...
C amissioner Plummer: Yeah, I...
Mr. McMaster: ...according to your code, they can only be used as such.
Commissioner Plummer: I've parked there.
Mr. McMaster: Right. So, the key would be that when they were doing their
calculations if there was a restaurant somewhere in the complex, they included
parking 'for it. If there was an office somewhere in the complex, they
included parking.for it. If there was a restaurant or a meeting room in the
hotel itself, they never provided parking for it. And according to the zoning
ordinance they have to. Clearly I can't tomorrow go and build a bed and
breakfast on.Main Highway with 30 rooms, and then tack on 100,000 square feet
of. restaurant and disco and not provide parking for it.
Commissioner Plummer: I hear you.
Mayor Clark: All right. Thank you, sir, for your presentation.
Mr. McMaster: Thank you.
Mayor Clark: Next gentleman. Folks, these is... I'll tell you what we've
got. We've got 7:31,' you've been on this item for 30 minutes right now.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
l
98 February 24, 1994
s
i
Vice Mayor Dawkins: You know '
yo . you weren't here. .But,: there is a standing
rule here that we cease at 9 o'clock. We stop and go home at 9 o'clock.
Mayor Clark: All right, that's what we'll do tonight.
Commissioner Plummer: Hopefully before.
Mr. Hamish Ziegler: I won't take till 9 o'clock. My name is Hamish Ziegler,
I . liveat 3168 Mary Street. People will be going down my street to get to
this Mayfair Development from Bird Road. There are already a lot of people
going my street now on the weekends. So, as someone said before, there are a
jot of people who will be directly affected. I agree with all the people that
have been up here speaking. I have something else to add. When are the
residents of the Grove going to be listened to?
Mayor Clark: Sir, they're being listened to right now.
Mr. Ziegler: When... When... Right. Instead of the business interest who
pay about a quarter of the taxes that we pay here in the Grove, and the Grove .
taxes fund a lot of the City of Miami's revenues. So, we want to be listened
to. And we are having problems with over -development in the center Grove.
And we want it stopped. We voted for a moratorium last year in the Village
Council. We don't have a planning study yet. We need these things. This is
all a part and parcel of the same problem.
Mayor Clark: Thank you.
Mr.` Ziegler: Thank you.
Commissioner Plummer: I don't agree with that.
Mayor Clark: Yes, ma'am.
Ms. Kate Van Winkle Terry: Yes, my name is Kate Van Winkle Terry, I live at
`
1896 Tigertail'and I have been a resident of Coconut Grove since 1979. 1'am
here to represent 285 families in my neighborhood. We are very very concerned
about these 10 movie theatres and the raising of the roof of the Mayfair. I
represent people who actually are human beings living in Coconut Grove, in a
neighborhood where we have people going down Tigertail Avenue, this may be
news to you, Mr. Mayor, at 60 to 80 miles an hour in a 30 mile an hour zone to
get into the center of.the Grove. This concerns us. We are a neighborhood of
families with children and animals. I would like to reiterate what the man
said before me, we do have a moratorium, we have families and actual people
who are not in three piece suits, who actually need to drive into Coconut
Grove to buy something or to get something that they need for their family,
and they can't get there. And on the.weekends, we need to have access to our
City. I will conclude by saying that we need to be listened to in Coconut
Grove. All of the people here who do not live in Coconut Grove who want to
bring their business interest here need to be heard also. But, you need to,
please, respect us. We are tired of fighting this kind of development. Thank
Your
-
Mayor Clark: All right. Thank you. Yes, sir.
99 February 24, 1994
Mr. Manuel Gonzalez-Goenaga: Well, I am Mr. Manuel Gonzalez, and I am one of
the'citizens who do not live in Coconut Grove, but, I cannot go to Coconut
Grove because there is too much traffic. The essence is let's have
consistency. And let's face it, we, the people, are supposed to govern
through you. But, unfortunately, this might become a fight between the
lobbyists, .the powerful influence, and the people. David versus Goliath.
Thank.you very much.
Mayor Clark: Thank you. Yes, ma'am. All right, somebody else? One more
speaker.
Mr. Ron Nelson: Quickly, my name is Ron Nelson, 2535 Inagua. I've been a
resident of Coconut Grove most all of my life. I've seen the changes. I was
upset when Cocowalk was going to put an additional eight theatres in to make
it, sixteen. Now, we are going to have, I guess, 10 more to make it 26 movie
theatres in approximately one block. To say that that is not going to have an
impact on the surrounding neighborhood is absurd. Twenty-six movie theatres,
do you know.how many people that is? Have you tried to get out of Cocowalk
' after a movie? Have you tried to drive through there after a movie or in the
evening? It is impossible now with only eight open. Soon, you will have 16,
and then you will have 26. There you will reach gridlock at that point.
Tar►pers flair now, on Fridays and Saturday nights trying to get parking. The
residents are outraged. You can't... Cocowalk's garage is fulled by 800 or
9 o'clock.- Mayfair's garage is full by 8:00 or 9 o'clock. The people caning
down are forced to park on the residences. And unfortunately the residents
are. fed up, they can't take it any more. You did put sane Oak trees on sane
of the swales, or actually Cocowalk helped fund that, which is very nice of
them.' Now, people no longer parallel park on the swales, they angle park
.
between the Oak trees which is on top of the sidewalks forcing the people out
into the streets. So, it did not solve the problem. The problem is you are
trying to stuff ten pounds in a five pound bag. It won't fit. you can't add
any more. Thank you.
Mayor Clark: Yes, sir.
Mr. Ron Brenner: I'll try to be short, Mr. Mayor.
Mayo Clark: Please do.
Mr. Brenner: My ,name is Ron Brenner, I live at 2980 Bird. Avenue. And I
really didn't cane here to speak on this tonight. But, I just had observed
sane 'things "sitting in the audience, and either all these people are not
telling the truth, or your Building and Zoning Department hasn't done its job.
And when. the gentleman started out with section 1305 of the code, it called
for acme very specific requirements. And there is just such a disparity here,
I can only imagine from my experience in the Building and Zoning Department
that they haven't even care close to what they are supposed to do. And that's
how came these things get this far. They go fram one board to the next to the
next. And I think somebody ought to say, "Hey, there is no traffic problem in
Coconut Grove," or your Building and Zoning Department should have told you
that. Or somebody should say, "Hey, there is plenty of roan to park in
Coconut Grove," or your Building and Zoning Department should be telling you
about all the spaces, not Mr. McMaster. He is not paid by anybody. Scmebody
is paid to do this and they are not doing it. They have Turner's disease,
they turn their head. Thank you.
100 February 24, 1994
sm.cgi+?„ . ..:.+:-.4 ram;,..... .......:. .. .. .:. .. .. ...
Mayor Clark: Thank you.
Mr. Shubin: The appellants just want to reserve two minutes for rebuttal.
Mayor Clark: I'll judge that time, sir. All right. You have used exactly'35
minutes for your presentation. So, get that on note. I keep notes up here
also.
Mr.'Traurig: Mr. Mayor, in view of the fact that... Yes, my name is Robert
H. Traurig, I am an attorney with offices at 1221 Brickell Avenue. And I
represent the applicant. Before beginning my presentation, in view of the
fact that your staff has been criticized by a number of people, I think it
might be appropriate to call on Juan Gonzalez from your staff who did a superb
job of analyzing the data that was presented to him, and ask him for his
conclusions regarding the data. And whether or not those conclusions were
reduced to written form. And I would like to call on Clark Turner who has
analyzed the traffic and the parking situation, I think, and who might be able
to comment on that. And then after they have made a presentation, we would
ask you to give us the same amount of time that was given to the neighbors.
Mayor Clark: Well, we'll work it out, Bob. We are going to be out at 9
o'clock, I'll tell you that.
Mr. Traurig: Well, we will, sir. But, I would like Mr. Gonzalez to have an
opportunity to tell you that we were subjected to the most intensive scrutiny
by staff...
Mayor Clark: Please do. Mr. Gonzalez. Please, give us your name and your
title.
Mr. Juan Gonzalez: Juan Gonzalez, acting Zoning Administrator, Planning,
Building and Zoning. That is correct, Mr. Mayor, City Commissioner. We
spent... one of our senior plans examiners spent a whole week working on these
planning calculations for parking areas. We assure you that the calculations
we have determined are the correct calculations for the proposed use on this
facility. The parking ratio of your... Commissioner Plummer worried about
where the 1,000 is from 600? That is not actually the case. What we've done
is an in -case study of what was actually there, how much parking is existing
in the facility, which is 1,001. How much parking they are going to bring on
these new facilities, including the 10 theatres and Planet Hollywood
Restaurant. All those calculations were taken space by space. And Mayfair
took our most senior plans examiners one week to figure out these calculations
and not only in a general sense, but they actually broke it down to every
possible retail restaurant proposed use and existing use, existing in the
Mayfair. And we actually have those calculations down and checked by our
plans examiner. And the actual calculations we have studied are correct and
this is what we deem basically that right now out of total parking required
for the proposed uses were 1,437 minus he 1,235 parking spaces that either
they were in prior existing, or prior uses, it gives them a net deficit of 202
parking spaces and that includes the 10 theatres and`the Planet Hollywood
Restaurant.
Mayor Clark: I'm sure you want to question him.
101 February 24, 1994
t
l c
Commissioner Plummer: I have a question.
Mayor'Clark: No, wait a minute, J.L. I,
Catmissioner.Plummer: All right.
i
Mayor Clarks Let this gentleman question him first.
Mr. Shubin: I just have one question of Mr. Gonzalez pursuant to the records.
Commissioner Plummer: On the mike.
Mayor Clarke He is the attorney, Mr. Shubin.
Mr. Shubin: Mr. Gonzalez, are you familiar with the section 1305 in the
zoning ordinance of the City of Miami?
Mr. Gonzalez: Yes, .I am, sir, and I do not review that section. That's
handled: by the. PlanningReview.
Mr. Shubin: And at the time of the issuance of the permit or prior to the.
issuance ofthe permit, did you or your staff make, or caused to be made,
specific written findings concerning the category set forth in section 1305?
i
Mr. Gonzalez: Again, sir, that is not my section. Let me refer you to the
people who do.those findings.
Mayer Clark: Thank you. Any questions, J.L.?
Commissioner Plummer: Yes, sir. I just have one, sir. We hear about eight
theaters. How many people or how many seats are in those eight theaters?
Mr. Gonzalez: It's actually ten, Commissioner.
{
Commissioner Plummer: Ten theaters. How many seats are provided?
Mr. Gonzalez: Ten theaters. They're providing 1,740 seats.
Cammissioner Plummer: 1740.
Mr. Gonzalez: Yes, sir.
Commissioner Plummer: Thank you.
t
Mayor _Clark: All right.
Mr. Rodriguez: Mr. Mayor.
i
Mayor Clark: Yes, sir.
Mr. Rodriguez: I would like to respond to the cross-examination to have Ms.
Slazyk to address specifically the issue of the class two.
i
102 February 24, 1994 i
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Mayor Clark: All right.
x
Ms. Lourdes Slazyk: OK. The class two was, the initial review the class
.of
ttwo permit, per the standards and guidelines in Ordinance 11000, we found that
there was a potential problem with regards to the traffic circulation in
ingress and egress. That is the reason the traffic study, was conducted -and
accepted by the City. The class two special permit issued a series of
conditions based on that traffic study in order to mitigate the potential
impacts from the parking and ingress and egress and the circulation.
Therefore, the class t o permit made findings by virtue of imposing the
conditions to mitigate the foreseen impacts. We did use the criterion 1305
when we I reviewed the permit, and those findings were presented to the Zoning
Board verbally and in writing, and they're in the fact sheets that are in your
package now.
Carinissioner Plummer: Would be nice if we knew what those conditions were?
Ms. Slazyk: They're in your package. There's about five pages of conditions.
If you want me to read then, I'll read. There are five pages of conditions
based on the traffic study. Things like queuing, and right turn in, right
turnout only, things that would help the traffic circulation and ingress and
egress.
Mayor Clark: Go ahead, Mr. Shubin. You're charging at the bit there.
Mr. Shubin: I want to ask the representative of the Planning Department if
she personally, or under her supervision, made or caused to be made the
findings which are set forth in the conditions.
Ms. Slazyk: I don't understand that.
Mr. Shubin: Where are the conditions incorporating the terms of the Plummer
traffic study?
Ms. Slazyk: The conditions were incorporated into the class two special
permit, and those conditions were based on the traffic study.
Mr. Shubin: Did the traffic study consider the potentially adverse effects of
the contemplated use that would be allowed by the permit?
i
Ms. Slazyk: Use is permitted generally within the district. The issue before
us in the class two special permit was the exterior modifications to the
(
Mayfair structure. The use is permitted in the SD-2 district. They don't
need a special permit.
Mr. Shubin: Just one last question. In your opinion, where an applicant is
seeking a class two permit in an SD-2 district, does Section 1305 apply?
Ms Slazyk: Yes. 1305 applies to all special permits.
Mayor Clark: Thank you. All right. All right, Mr. Traurig.
Mr. Traurig: Yes. Let me just ask Mr. Turner, since his name was mentioned,
I think he ought to have an opportunity to address this.
103 February 24, 1994
Mr. Clark Turner: My name is Clark Turner, Planning, Building and Zoning
Department. I'm the City's transportation planner. There are two points that
were raised in the appeal that need to be clarified. I believe there's
considerable confusion about the role in the comprehensive plan and the
j'
transportation plan when it canes to this kind of localized issue of traffic
impacts and, parking requirements. I would like to point out that in the
appeal at number three, it charges that the traffic study is legally
+ deficient, and I'm excerpting from the wording of this, is legally deficient
because it fails to consider and quantify the effect of the Planet Hollywood,
and the proposed theater uses will have on traffic flow to and from the
project, and if fails to consider and quantify the impact and potential
adverse effects of the proposed uses on the neighborhood during peak, peak
Periods as specifically requested by the City. It fails to consider, quantify
and compare the current and new levels of service in and around the project.
I would like to point out that the traffic study cannot be legally deficient
because there is no legal requirement for, nor is there any legally required
set of standards for a traffic study as a condition of issuance of a class two
special permit. The traffic operation study that was performed at the request
of the department did not address the issue of trip generation, because any
trips, additional trips generated would not fall in the legally established
peak period of 4:00 to 6:00 p.m. weekdays, and therefore, they would be
irrelevant to level of service considerations which apply only to the
established peak period. At number five in the appeal, it is charged that to
the extent that the traffic, transportation and traffic components of the
comprehensive plan as they relate to Coconut Grove rely upon faulty
assumptions regarding the use and availability of public transportation, any
administrative determination of the contemplated uses is consistent with the
camprehensive plans is self -defective. The City Camnission, the South Florida
Regional Planning Council and the State Department of Community Affairs five
years ago reviewed and accepted the comprehensive plan, including its
transportation element. The plan has been in implementation since that time,
and no such faulty assumptions have been reported to any of the reviewing and
adopting bodies or to the staff. And we do not accept the contention that
there are any faulty assumptions regarding use and availability of public
transportation that are contained in the comprehensive plan.
Mawr Clark: Mr. Shubin. Hold it, just a moment, sir.
Mr. Shubin: Mr. Turner, could you please specifically address the issue of
why 4:00 to 6:00 is the only legally relevant period to be addressed when,
considering ingress and egress?
Mr. Turner: Under Chapter 163 of Florida Statutes, which is called cammonly
the Growth Management Act, there is a requirement that the peak hour for
weekdays travel be established as the period during which level of service
will be considered. The peak period in this urban area, as it is in most, is
the afternoon peak, typically from 4:00 to 6:00 p.m. That is the adopted
plan's establishment of the peak period, and it is the only time in which the
requirement for level of service applies.
Mr. Shubin: Are you familiar with the provisions of Section 1305 as they
apply to the issuance of class two permits? Are you familiar with the
requirement that the potentially adverse effects also be considered in
adopting, or affirming, or recommending a class two special permit?
104 February 24, 1994
f,
Mr. Clark: I'm not familiar with the details of the class two permit
f
issuance.
Mr... Shubin: You are also not familiar with whether or not 4:00 to 6:00 is
legally relevant in considering the potentially adverse effects on, the
0777
community of traffic generated by the proposed project.
<'
Mr. ors I'll repeat what I said. The 4:00 to 6:00 p.m. weekday period is
.
the only period during which the comprehensive plans, consideration of level
�.
of service applies.
Mayor Clark: All right. Thank you, sir.
Commissioner Plummer: Just let me ask one question of you, if I may, sir.
Unidentified Speaker: It does not apply...
Mayor Clark: Please, ma'am. You have spoken.
Commissioner Plummer: CK . You're traffic and parking, correct?
W.:Turner: Pardon?
Commissioner Plummer: You're traffic and parking?
Mr. Turner: I'm the transportation planner.
Commissioner Plummer: All right. In your opinion, are the spaces of parking
that are being proposed adequate?
Mr. Turners I have not examined the parking situation on this particular
application. That was reviewed by Juan Gonzalez. I believe you just heard.
fran'him. I'm not familiar with the parking details.
Commissioner Plummer: Did I ask hum that question?
Mr. Rodriguez: Yeah, and he responded already, yeah. He mentioned there was
202 parking spaces.
Commissioner Plummer: All right. Let no ask one other question, sir. The
one thing that is more than obvious, and I'm going to make an enemy here
somewhere, I know, the bone in my craw is on Mary Street. No, Virginia. What
has been designed for this ingress/egress that will not cause the congestion,
the confusion, the absolute blockage of a street that we presently have to
fight at Cocowalk on Friday and Saturday night?
Mr. Turner: If I may, Commissioner.
Commissioner Plummer: Please.
Mr. Turner: I don't wish to dodge that question, but I believe that the
consultant who prepared the study and who made the recommendations that are
Part of the conditions that you've seen would be better equipped to answer
that.
105 February 24, 1994
n ,
Commissioner Plummer: Is that their consultant?
Mr. Turner: Yes, it's their consultant.
Commissioner Plummer: No. I want it from you, sir. Their consultant is' a
fine gentleman, but I want to hear from the people that I pay. CSC?
Mayor Clark: You Pay?
Commissioner Plummer: Well, I, the City pay. In other words, Mr. Mayor, if
you've been in Coconut Grove, and I'm sure you have, on a Friday or Saturday
night, the problem of people trying to get into the parking structure at
Cocowalk blocks that street sometimes unbelievable.
_Mayor Clark: That's the reason I go fishing on Friday night.
Commissioner Plummer: Well, maybe you're smarter than I am, sir. But what
I'm asking is, has any attention been given to this application that would, if
granted, avoid that problem?
Mr. Turner: I think the answer is contained in the recommendations that were
considered for the Coconut Grove area, in particular, for the area on Virginia
Street near Grand. There were a number of recommendations. I can very
briefly mention the ones that appear to address your question.
Comissioner Plummer: Sir, we can go into it later, if you would just answer.
with a simple "yes" or "no" on my question. Was consideration given to
eliminating the problem that exists today on Virginia so that it doesn't
occur, if this application were to be granted?
Mr. Turner: Specifically, there's a left turn prohibition scheme that is in
use at Grand Avenue and Virginia Street, and the use of police officers to
directtrafficat the Mayfair entrances on weekend peak nights. Now, "peak,"
I'm using there in a different sense than the peak period I referred to
earlier.
Unidentified Speaker: That's not true, that's not true, that's not true.
Mayor Clark: Please. Please.
Commissioner Plummer: All right. The problem, sir, that exists today, the
officers are there at Cocowalk, and they are assisting, but they don't make
the people who sit there forever wanting to get in, proceed and not sit in the
middle of the street and block the street. So t;►vat's what I'm asking. Has
any consideration been given to that? Now, I understand that Florida and Rice
are not as busy as Virginia. CK? Because Virginia carries an impact much
greater than they do. All I'm simply asking, and I can get into later, if
necessary, was consideration given, and in your estimation, was taken into
consideration and eliminates that problem?
Mr. Turner: The answer is yes, it was given consideration. Whether it
eliminates the problem can only be seen in experience.
106 February 24, 1994
Mayor Clarks Thank you, sir. Mr. Traurig, you're on. Mr. Traurig, it's
7:52. You have 35 minutes.
!' Mr. Traurig: Thank you, Mr. Mayor, and members of the Commission. Once
again, My name is Robert H. Traurig, 1221 Brickell Avenue. I would just like
to summarize what your staff has told you. Ms. Maer indicated that the
finding, that the resolution and the other paperwork of the City contains
findings of fact, and that was confirmed by Lourdes Slazyk. 'To you,
Commissioner Plummmer, I want you to know that Mr. David Plummer, no relation,
will testify with regard to the right turn out of the garages and therefore
taking the traffic frrnm Mayfair out of the Virginia Street problem that you're
concerned about. I would call your attention to the fact that that film about
Planet Hollywood doesn't even relate remotely to this hearing. I would also
tell you that the figures that were utilized to determine the potential
parking at Mayfair were based upon full occupancy, and when Mr. Goldbloom took
over Mayfair, it was about one third, and hopefully, it will increase, but
it's about one third. And I would like you to know that pursuant to the
City's`provisions with regard to waivers of required parking, yes, theme was
an analysis that determined that there were 202 parking spaces short, but
we've agreed to pay for them on a monthly and annualized basis to the City of
Miami Parking Hoard, and the agreement with the City of Miami Parking Hoard
was suiani.tted to them on November 8, 1993. I would also call your attention
to the issue which has been raised with regard to analysis of parking, and we
believe that the parking analysis by Mr. Gonzalez, your staff representative,
is accurate and the representation by Mr. McMaster is incorrect. I say that
by way of preface, and I will now introduce some of the people who will appear
before you today. Joining me in the presentation will be Lucia Dougherty, and.
perhaps Adrienne Pardo, who are attorneys at our firm; Mr. Goldbloom and Mr.
Gary Goldbloon, principals of Mayfair Holdings, Limited are here; Mr. Arthur
Hertz, who is the chairman of Wemetco Theaters, which will be the lessee of
the theaters that we hope that we will be able to constrict is present and may
have the opportunity to say a few words if we have enough time. The architect
is Larry Beame, the project architect from Belluschi/Beame and Associates, and
he can answer your questions with regard to the building itself. Ramon
Alvarez and David Plummer are the traffic engineers. Tom Dixon will appear
before you and talk about how property values will not be deteriorate, but
will, in fact, be enhanced by this development, and there are numerous project
supporters, some of whom will speak, and I'd like then to stand right now so
you can see who they are. These are people who have an identity with Coconut
Groveand understand the issues. In order to put this into proper
perspective, your Planning Department, your department analyzed all of the
facts and figures, and issued the permit that we talked about. There was an
appeal on behalf of the Coconut Grove Civic Club and three individuals:
Jeffrey Bass, who spoke to you, who resides on the tenth floor of Yacht
Harbor, substantially higher than the 50 feet of this building; Michael
Goldstein, who resides in Apartment 24 at 3034 Oak Avenue, which is contiguous
to 3304, which is an eight -story building, substantially higher than this
building; and Tucker Gibbs. They appealed the decision of the director of the
Planning, Building and Zoning Department in approving the class two permit.
Now, the class two permit that was issued, and this was identified before, and
it's very important to understand it, only related to two minor issues:
May
we raise the roof at Mayfair to 48 feet, ten inches, which is below what
you're permitted to have in the -1 district and in the SD-2 district, which
is 50 feet? We were only at 48 feet, ten inches. Can we, where Burdines used
107 February 24, 1994
to be located, raise the roof to that level? We could have raised the roof
without, if Burdi.nes were still there, I'm sure, without this kind of
confrontation, but we didn't. And the question also is, can we provide a new
entrance to Mayfair off of Grand Avenue, utilizing what used to be part of the
facade at a window? And the answer, of course, should be yes, because it
enhances the opportunity for pedestrians to access the building and to have
circulation throughout. the building. Now, that went to the Zoning Board, and
the Zoning Board voted nine to zero in favor of denying the appeal. And now,
they have appealed the decision of the Zoning Board, and they've come to you
and they've asked you to reverse the decision of the Zoning Board 'which
refused to reverse the decision of the Planning, Building and Zoning
Department. Now, as I said, there were two issues. One is the roof and the
other is the question of architectural change. Let me point out to you what
we're talking about. This is the view of Mayfair from Grand Avenue. This is
the existing roof at 48 feet, six inches high. We are asking you to permit us
to match that roof, which will be equal to the roofs to the west of us. We're
not asking you to permit us to build a high-rise. We only need that because
the theaters have a screen which requires a little more elevation from floor
to ceiling than presently would be permitted unless they raise the roof to the
48 feet, six inches. So this is what it will look like. It will be equal in
appearance to what is immediately to the east of this property within the
Mayfair complex itself. Is the height consistent with the height within the
area itself? The answer is yes, and I'll show you other exhibits which
demonstrate, here it is in yellow, heights generally in the area of Mayfair.
This is the area of Mayfair. This is the small portion of the Mayfair codex
that will be affected by this. And surrounding this area, there is height of
50 feet or more, some of which is on South Bayshore, some of which is west,
and same of which is north of our property itself. So there will be a
consistency of height. This will not be prejudicial to the general character
of the neighborhood, because as you will see, he raised portion of the roof
at 48 feet, _ten inches right here, and all of this are existing roofs of 50
feet or higher in yellow, and you can see that there is consistency there.
With regard to the architectural issues, the new entrance will be a
supplemental entrance for the ease of patrons, as I said, to access and to
leave the facility. It's along Grand Avenue. It actually will be an
enhancement of the aesthetics of the building, as well as a functional
improvement. And if you would like to question anyone, Mr. Beame can answer
year questions regarding that. Now, what were the issues raised by the
objectors at the Zoning Board? They raised a question of whether or not the
grant of the permit would be contrary to the intent of Ordinance SD-2, that
deals with SD-2, which is the Coconut Grove central commercial district. They
raised a question about the adverse effects on the neighboring area, plus the
additions, they called it an addition, architectural compatibility. This is
not an addition. This is merely a conversion of some small portion of the
space so that we can accommodate the theater. Now, with regard to the
issuance of the class two, it is, as your staff indicated, subject to the
conditions that have been .imposed as a result of the David Plummer traffic
study, and Mr. Plummer is here to testify how the traffic will be funneled
away from Virginia Street and away from the major traffic impacts of Coconut
Grove to the east and then to the north. And the class two permit did not
deal with signs, it did not deal with awnings, it did not deal with fabric
banners, it did not deal with theater marquees, it did not deal with Planet
Hollywood. All it dealt with were those two issues, one being the roof, and
the other being the entrance. I think it's very important to understand the
108 February 24, 1994
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thought processes which led the client, Mr. Goldbloon, to make the decision to
go with the Wcmetco Theaters. The thoughts that really were paramount were:
"What is in the best interest to Coconut Grove?" And I would ask you to
permit me to digress for a moment so that we can examine what Coconut Grove
}
is, and what the central business district of Coconut Grove is, and we believe
!
you're entitled to a brief explanation of that so that you can understand -why
these thought processes led to the conclusion that what he is proposing is in
the best interest to 'Coconut Grove. Coconut Grove is a unique area within the
City of Miami. It's unique in its history, it's u ique in its population,
=1
-it's unique in its village culture, and it's unique in the ambience and
quality of that CBD (central business district). At first, subtle, and then
dramatic changes occurred in Coconut Grove. We have to thank, we, you, and
the entire com iunity have to thank the activist Grove residents for calling
attention to what might be prejudicial to the best interest of the City of
Miami. And they're to be complimented for their vigilance to achieve a
healthy Grove. But we have to recognize that the commerce in the Grave has
changed in recent decades. The Grove is more than a village center. It has a
magnetism that has attracted local, and regional, and national, and
international attention. And one of the very positive changes in the Grove
which has and continues to provide dynamism and substantial benefits to the
City in general and the Grove in particular was and is Mayfair. And Mayfair,
too, is unique in its architecture, in its appeal and charm, in its identity
as a Grove symbol, and it's truly a community asset, but, regretfully,
somewhat, faded, and it's necessary to upgrade it. The dilemma: How do we,
the camiunity generally, this Commission, the owners in particular, help to
create a new, vibrant Mayfair which will help all of Coconut Grove and all of
the City of Miami? How does Mr. Goldbloon market this recognizable community
asset so that it contributes to the revitalization and the potency of the
Grove? Regretfully, Mayfair has declined as a retail center. When this lady
said she moved out of Mayfair to the Falls, what she was saying was an
indictment of what is happening in. Coconut Grove and at Mayfair in particular,
and that is that there has been a decline in shoppers and in marketing in that
area. And there is a recognition on the part of Mr. Goldbloom that it has to
be brought back. Now, Mayfair, at the time of his acquisition and at the
present time, excluding the hotel, out of approximately 225,000 square feet of
available retail space, has only 70,000 currently leased, and half of that is
on a month -to -month basis. And what does he do? Does he invite the discount
store operators similar to the operators on Flagler Street to take over
Coconut Grove? It would have been a commercial smash. It would really be a
very positive thing from the standpoint of the landlord of those shops.
Analysts. have indicated to Mr. Goldbloon that that would be a very favorable
alternative. Or does he search for nationally recognized, high quality,
honored, respected retailers which would complement the existing Grove ;
f merchants and do credit to all of Coconut Grove? He made a strategic
decision, and that was to go upscale, not to go downscale. But how do you
achieve that? BuYdines had vacated its substantial space, and it was
concluded that movie theaters would stimulate the volume of shoppers and
diners, not only at Mayfair, but through all of Coconut Grove. Now, they talk
about the movie theaters, but they fail to tell you that movie theaters are a
permitted use in the SD-2 district and in the C-1 district. The SD-2 district
picks up all the permitted uses of the C-1 district. We're not asking for the
right to install multiplex theaters. We have that right. All we are asking
is to permit us to raise the roof to 48 feet plus, which is less than the
�. permitted height in the C-1 and the SD-2 district, and to accommodate the
109 February 24, 1994
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modern screens, we have to do that. What would be the effect of doing that,
from an architectural standpoint? It would have no effect whatsoever to
passers-by or drivers on the street, and it will have no effect whatsoever to
our neighbors. But in addition to enhancing potential volume for Mayfair, the
additional movie screens in the Grove will enhance the leisure time
alternatives of all of the residents, and particularly those who intend.to
make Coconut Grove their destination. But very important, a by-product of the
revitalization of Mayfair is the positive effect on City revenues, sales tax
revenues, license fees, occupational license fees, property values. And
that's why we want testimony as to property values and the effect of this
revitalization on the property values generally in Coconut Grove. And it
would be both commercial and residential. And so that you understand, I think
the conclusion will be the proximity to vibrant centers such as Coconut Grove
improves values, it doesn't denigrate those values. Mr. Dixon will testify on
that. Furthermore, a viable Mayfair versus a depressed Mayfair adds vibrancy
to the entire community and contributes to neighborhood security because of
activity. If Mayfair is unsuccessful with the kind of plan that we are
presenting to you, or if you deny us the opportunity to develop in accordance
with that. plan, the owners would be unable to maintain the high quality of the
structure,, and the maintenance, and the tenant mix, and that would prejudice
all of Coconut Grove. The objective, therefore, is to maintain and to enhance
quality; not to introduce the discount mall concept, which would be
successful. As I prefaced these remarks, I said that they were a digression
to explain the rationale which led Mr. Goldbloan to the decision to replace
the former Hurdines space with movie theaters, but as our neighbors have
indicated, those are not, that's not the issue, because the issue is the two
things that we were talking about. One is height and one is access. The
height, as I indicated to you, is permitted in the C-1. The access makes the
canplex more accessible, and has absolutely no negative effect upon the people
in; Coconut Grove. They talked about the class two permit and it being, is
contrary to the intent of SD-2 Section 602.1 defines that intent. It says
it encourages retail and service development with strong pedestrian
orientation The pedestrian orientation is enhanced by the opening of the
additional entryway off of Grand Avenue. And as I indicated to you, theaters
are a permitted use. With regard to the special exceptions and the issues
that .had to be analyzed by staff, they have been analyzed by staff. The
height has been studied. It's below the permitted height, it's below
Cocowalk, it's below Yacht Harbor, it's below the others. They, the
appellants, allege that the City failed to adequately consider adverse effects
on the neighborhood, architectural compatibility, and design and scale. The
modifications don't in any way change the architecture, don't change the
architectural character, don't change the style, don't change the detail,
don't change the design. And there were written findings, as your staff
indicated. They did not find that there was anything adversely affecting the
ingress and egress or the Off -Street Parking. And as I indicated to you,
we're providing substantial funds to off-street parking,. in order to
contribute to the fund with which new parking structures and parking lots will
be provided in Coconut Grove. So we're actually enhancing the opportunity of
the City to take care of the traffic problem and the parking problem. And
parenthetically, the appeal, as drafted and submitted by our neighbors, fails
to state how the appellants or the neighborhood would be impacted. I would
like to came back to you after others have addressed you. I'd like to ask Ms.
Dougherty to introduce Mr. Plummer, who will talk to you about the traffic
issues, and then I'd like Mr. Dixon to talk about the neighborhood property
110
February 24, 1994
values. And I would suggest to you, before I stop at this point, that there
is a total absence of competent, credible testimony to refute your Planning
Department's findings. And even if you disagree, could such subjective
comments outweigh the conclusions of the Planning Department, which studied
this ad infinitum, ad nauseam? Mr. Rodriguez will tell you that we went back
to your staff dozens of times for further review. And the testimony of the
objectors ought not, should not, does not overcame the very... the presumption
and correctness of the staff reviews. And I would now call on the others to
address you.
Mayor Clark: All right. Just to warn you, Mr. Traurig, you have used up 16
minutes of your 35 minutes, so you can judge it.
Mr. Traurig: We'll be sure to comply, sir.
Mayor Clark: Thank you.
Ms. Iiucia Dougherty: Thank you, and good evening. First of all, this class
two permit, as the appellants have told you, in 1305, address certain factors
that have, to, be considered by the Planning Department. And it says that, as
appropriate to the nature of the special permit involved. This special pewit
deals with the height and an entrance to the building itself. It does not
have.anything to do with the uses. And the appellants keep talking about the
uses create these impacts, but it has nothing to do with the uses. In other
words, this height issue and this entrance issue does not create any impacts
on ingress and egress, or traffic, or off-street parking and loading. Now,
one of the things that the class two permit requirements, one of the things
that the City required us to do is to do an analysis of ingress and egress,
and parking, even though it doesn't require it under the appropriateness
standard. And when we did that, we had David Plummer, whose curriculum vitae
is in your record, who is an authorized, outstanding expert in the area of
traffic engineering. And what he has determined, as he did an analysis, both
of the existing uses and those proposed uses that we intend to put at Mayfair,
and what he has determined is that there is less traffic generated by these
proposed uses than there is existing today by the existing uses. Now, he's
done that at a peak period, between 5:00 and 7:00 in the evening. And you may
say to yourself, "But that's not when the theaters are in place, so how do we
know that the theaters are not going to generate more traffic?" And again, I
want to reiterate, we don't think this s relevant. Nevertheless, the City
did make us do this standard, or do this analysis. And the reason we know
that is we actually went and we looked at and surveyed people going to the
theater at Cocowalk, and we. surveyed and interviewed 699 people who went to
the theater, I mean, who were at Cocowalk. Out of those 699 who were
surveyed, only 199 actually went to the theater, and 75 percent of those folks
went somewhere else. So we believe, in light of the fact that there are going
to be 26 movie theaters, now, everybody is going to try to go to the first run
theaters. That's why you go to the theaters. 26 of those theaters are all
going to have different movies. There's still going to be the same number of.
first run, whether they're in the 16 existing theaters or in the 26 total
theaters between the two complexes. So we don't believe the fact that we have
theaters is going to increase our traffic at that location, even during the
peak periods that they contend on Friday and Saturday nights. I'd like to now
ask David Plummer to cane to the podium, because he actually did an analysis,
as, J.L., you had requested, as to how to mitigate the impacts that we do
have, even on today's existing traffic.'
ill February 24, 1994
Mr. David Plummer: Thank you very much. For the record, my name is David
Plummer. I'm a traffic engineer from the Miami area, and we were the traffic
consultants to study this site. I'm not going to spend a lot of time getting
to the facts. I'd rather show you the conditions we've imposed on the site.
As Mr. Turner and Lucia both pointed out, if you look at a P.M. peak hour
analysis on a weekday, the traffic volumes between what we have in the site
and what we could put in the site with a theater are approximately the same.
The question is, what are we going to do on Friday and Saturday night, when we
know it's supposedly off peak hour, but there's plenty of congestion? How are
we going to take care of the adverse impacts from this site? Let me just talk
about the solution. This is the diagram, of course, showing Mayfair. There's.
three separate buildings. I'm probably repeating things you already know.
One entrance comes directly off Grand. There's two entrances into the Mayfair
garages that are on Florida, and there is one entrance that goes into the
separate garage that's up on Rice. What we're proposing, after working back
and forth with the City, was how can we make these operations better, even
though we don't think that the conditions have changed that much. And we
studied combinations of one-way streets and many different things. You may or
may not know that on Friday and Saturday night at the intersection of Virginia
and Grand, the City presently comes out and puts up a barricade. The
barricade runs down the center of Grand. And what it does, it blocks two most
difficult turning movements to make. That is, if you're on Grand and you
wanted to turn left onto Virginia, you can't do it, because when you're
stopped, waiting to make your left turn, you create this famous terns,
"gridlock." The same thing for what we call a left -turn exit. If you were
facing southbound on Virginia and you wanted to turn left, you couldn't do it,
because that turn takes a lot of time. In other words, the police put up a
barrier and that intersection is forced to turn right and to turn left, and it
relieves that intersection. We have carried that forward. Mr. Goldbloom has
agreed that a condition of this project, we will place similar barricades at
all four of our driveways, so that the potential for someone, let's say, that
was on Florida that was going to turn left into our driveway and block through
movements could not be made. The only way you'll be entering this garage is
as a right turn in and a right turn out at all three of those driveways, and
at the fourth one up here. What that does to us is that it requires' us to
recirculate people who are destined for our parking. Now, for instance, if
YOU look at Florida, we all know that Cocowalk on Virginia does not have those
turn restrictions, and certainly, we, as representing Mayfair, couldn't ask
then to do that. But what we do, by putting these barricades in our garages,
when our trips exit from that parking garage, they're forced to go east on
Florida over to Mary. It cannot go west on Florida and then into Virginia.
Same thing with the exits caning down here, and the exits here. The same type
Of turn restrictions occur on your entrance movements. Again, the big thing
on the entrance movements is we no longer allow left turns into our driveways,
and therefore, we can't have vehicles standing on the outside streets blocking
traffic, waiting to enter our site. Two more issues take just a second. That
was what we call queuing. One of the problems we often have in parking
garages is we don't pull the ticketing far enough down the driveway, and
you'll have a vehicle entering as a right turn or left turn, and he ends up
sitting there trying to get waited on. Mr. Goldbloom has agreed that each one
of these driveways, we will pull the ticketing all the way in as far as we can
into the site, and we will use dispensers so that you don't pay when you cone
in with that time-consuming effort. You'll get a ticket and pay on the exit.
112 February 24, 1994
Arid now, we have plenty of storage area within our driveways so you won't be
waiting on the roadway to turn in. The last one was a simple one, pedestrian
circulation. They've had some conflicts.with the driveways where they cross
the sidewalks. Very interesting. We found this in Hal harbor. You actually
have to have a curb and tier st gu ep-dom for a pedestrian, because if he does
not realize he's entering the conflict area of a car and vehicle, they tend to
just walk out into there. And although it's the driver's responsibility to
look for the pedestrian, we found that either with different types of pavement
or curb and gutter, you have to create a different situation here so the
pedestrians realize they're in the area of conflict. At the same time, we're
going to increase our site triangles at each and every driveway so the drivers
can look well to the right and left, and not have that conflict. All of those
are conditions that Mr. Turner referred to that are in the approval of this
pmject•
Cmmissioner Plummer: Question.
Mayor Clark: Please, J.L. You're taking time. You want to question now?
Commissioner Plummer: Well, if you want me to. It's in reference to parking,
Mr. Mayor.
Mayor Clark: All right, go ahead.
Commissioner Plummer: Very quickly. Mr. Plummer, the reference before to
valet parking, will that be eliminated if this is approved? Will it remain?
What is in reference to valet parking?
Mr. Plummer: Could I just check with the owner? I believe it's eliminated.
One minute, please.
Commissioner Plummer: I think the back building, as I renenber, is self -
parking at this present time, and the two up front are valet, and I want to
I know if this is approved, what would happen?
Mr. George Goldbloam: My name is George Goldbloam, for the record, and
presently, we have 1,001 car self -parking, not valet. If it would be valet,
we'd have another 250 cats, and to count this thousand and one. And
therefore, it's subjected when we get this permit, there won't be no valet
I` parking at all. The only valet we will have is at the hotel entrance for
( guests to.the hotel, but not in the garage.
Commissioner Plummer: Thank you.
Mr. Goldbloom: Thank you.
Mayor Clarke That's one minute more they get. Go ahead.
W. S'hubin: I have three questions...
Mayon Clark: Please, sir, you hold yourself now, just hold yourself. W.
Traurig, you have another five minutes.
W. Shubin: Excuse me, sir. I would like to have the opportunity to cross-
examine Mr. ...
113 February 24, 1994
r-�
Mr. Yaromir Steiner: Mr. Mayor and. Commissioners, I'm Yaranir Steiner. I am
i the president of Coconut Grove Chamber of Co m ieroe, 2820 McFarland Road. We
are coming here to speak in support of the applicant, Mr. Goldbloom. We would
} like to, we are supporting Mr. Goldbloom's development in the downtown of
Co=wt Grove. The Grove has 70,000 residents and about 10,000 jobs in
Cocomrt Grove. Of these jobs, we have about 20 percent who are retail
restaurant related. The total payroll is $2441000,000. I would like to say
to the residents that the business maybe pays 25 percent of the property
taxes, but it still pays 100 percentofthe payroll. That is $250,000,000
almost, which is generated. Of this $250,000,000 payroll, about $40,000,000
are generated through retail activities. The present square footage in the
Grove represents 540,000 square feet, which represents the 40,000,000 payroll
I mentioned, about 2,000 jobs. The annual sales in the GYove represent
$200,000,000 who generate all the taxes for the City and the County, you know.
Mayfair's impact is going to be an additional 160,000 square foot leased with
an annual payroll of $12,000,000 and about 600 jobs.. And as the Chamber of
we support any creation of jobs in our cammnity. And secondly, we
believe also that the bringing national and international retail in the
camamiity will make the Grove a retail destination. And we also have a
resolution that we'll put on the record, passed by the Chamber of Coamroe,
asking you to start stopping these appeals who do not relate to the issue.
Thank you.
Mayor Clarke Thank you, sir.
Mr. Alan Dale Mobley: Mayor Clark, my name is Alan Dale Mobley. My office is
at 3300 Rice Street, the property in green on the map. I'm an immediate
neighbor to Mayfair. My family, we are in our 48th year of continuous
ownership of -property in this immediate area. I urge you to support Mr.
Goldbloom's effort to revive this project. I believe it is in everyone's best
long -tear interest for Mayfair to be successful. I have not heard any
alternative proposal from any of the opponents. I don't know whether they
think it should be converted to a park, or left vacant, but I really believe
that: it's in everyone's long-term interest for this to succeed. I would like
YOU to know that Mr. Goldbloon and his consultants have been very cooperative.
They sought me out to ask my opinions about traffic circulation because of my
interest in the immediate area. They were very responsive. And the last
thing`I would leave you with is, I used to really enjoy the view of the bay
and the bay breezes caning up from Mary Street and Grand Avenue before they
built Yacht Harbor. They built Yacht Harbor and it's, I don't know, it's way
over 50 feet.
Mayor Clark: Thank you kindly.
Mr. Mobley: But I don't begrudge the People who live there on the 16th floor
and: above to their view and breezes. That's change, and if we don't have
change, we stagnate and die. Thank you.
Mayor Clark: Thank you.
Mayor Clarks Mr. Traurig, your time has about expired. Yes, sir.
Mr. David Alexander: Mr. Mayor, I'm David Alexander, executive director of
the ILocal Development Corporation in Coconut Grove, a nonprofit ccmunity-
117 February 24, 1994
Mayor Clark: Is that descriptive, a descriptive adjective?
Mr. Traurig: That was supposed to be a joke. I'd like him to answer the
question with regard to the impact of the theaters.
Mayor Clark: All right. That will be it then.
Mr. Arthur Hertz: CK. They keep throwing around 26 screens, ten screens.
The ten screens that we're talking about in the Mayfair, in total seating
capacity, will virtually equal what the Miracle Theater was when it was a
single screen. The only difference is today, you break up theaters into small
screens, but it's the same capacity as the Miracle Theater is on Miracle Mile
20 years ago. So you're not talking about a great big monster that's going to
draw all kinds of people. You're talking about a state of the art theater
that's going to have the appeal to the people.
Mayor Clark: All right. Thank you, sir. One word, Mr. Traurig, then we...
Mr. Traurig: I would just like to say, without going through all my notes,
two things that have to be borne into, in your minds. Cm is that they have
raised new issues. You can't raise new issues at the time of the hearing.
You have to raise those issues when you file the appeal. So issues not raised
in the appeal that was filed on December the 7th are not properly raised at
any time thereafter. Then I would like to say that they don't have standing.
I think it's important, just that the record reflect that. Coconut Grove
Civic Club doesn't have standing, and the other individuals don't have
standing, because they haven't demonstrated that they have a legally
recognizable interest in the subject matter of the appeal. An affected
interest is on which is different in kind from the community as a whole.
It's not just an irxiividual interest. They haven't demonstrated that they
have been.directly affected in some way, or have an interest different from
that of the community as a whole. Thank you very much.
Mayor Clark: Thank you. All right. Four minutes of rebuttal, and that's it.
W. Shubin: I'll make it faster than that. I just...
E
Mayor Clark: That's good. I'm happy to hear that.
Mr. Shubin: I just want to clarify one point. Mr. Traurig read to you the
first sentence dealing with the intent of the SD-2 Coconut Grove central
cawkercial district. Let me read you the second sentence which he left out
from his presentation. "It is further intended to encourage innovative site
i Planning and architectural design and to create opportunities for combining
residential and nonresidential uses in a pattern minimizing potential adverse
effects of such combinations." Secondly, let me leave you once again with Mr.
Plummer's thought, where he noted, he wanted to hear from the people who he
pays. .And I think a lot of the homeowners and residents, one of their
problems, and it ties into the legal issue, is they also want to hear from the
people who they pay. And I challenge anyone to find independent findings of
fact generated by staff which address the conditions in Section 1305. There
simply aren't any. You can talk about incorporating Mr. Plummmer's traffic
study, you can talk about conditions. Conditions are not independent findings
119
Febzvary 24, 1994
Mr. Rodriguez: Well,, the class II, as it has been mentioned before, was for
raising the roof ten feet.
Commissioner Plummer: Right.
W. Rodriguez: We were concerned, in reviewing the application, and
obviously. that... those are the findings that we were making. That we would
have an effect on the traffic. Because of that, we asked the applicant to
provide a traffic study. In dealing with that,, there are seriouslyconditions
which are imposed on this application which are part of the package on page 15
through 19...
Camissioner Plummer: I read that.
W. Rodriguez: ...and if you mead each one of them, all of then try to
address how to avoid the negative impact to the area. For example, these
barricades will prevent left turns. For example, these will generally, in the
case. of the police officers, these will generally insure a smooth traffic
flow. For example, these will eliminate all potential left turns conflicts by
the project. And I can go item by item, I don't think you want to do that.
But, I'mean, throughout the whole set of conditions that we have here, we've
specifically addressed how to ameliorate the negative impact that this kind of
project, which is allowed, could have in the Grove. So, I believe that we
made the findings that were necessary. I think that Mr. Traurig is riot
exaggerating when we... when he tells you that we asked him to go over it and
over it again, over each one of the possible impacts and conditions that we
would be'Imposing on then to make sure that the impacts of this use, which is
permitted, will be the least amount possible in this area. And I guess I
cannot say anything more than that. You know, I think we covered this
adequately. In relation to the parking, I specifically asked the staff and
they went item by item of all the existing uses compared the requirements, and
then compared that to the proposed impact that this kind of development could
'have based on the new requirements by the new uses, and that's when we came to
{: the conclusion that there were 202 parking spaces needed. But, I mean, I '
think that we have been as careful and as thorough as we can be in dealing
with an issue of raising the roof 10 feet in height.
Commissioner Plummer: Answer this question proffered by sameone in the
audience. You cannot enter the garage if you go counterclockwise around the
property. You will have to find a way to turn around so you can turn right
into the garage? Is that a true statement?
W. Rodriguez: Let me get Clark if he can...
I"
Canmissioner Plummer: Is it an important statement?
Mayor Clarks This public hearing has been closed, J.L.
Camnissioner Plummer: No, this is... CSC. Well, I... Is that a true
statement, sir?
W. Turner: The Mayfair garage is... garages are not the only garages that
are operating in the area. There is a garage that faces on to Grand Avenue
now under construction. i
122 February 24, 1994
bminissioner Plummer: Sir, would you answer this question in particular?
Mr. Turner3 Well, year You••• by making right turns in only, you would have
to. approach in a direction that would allow you to make the right turn in.
Conversely, if , you are going to the garage across the street, you would be
traveling the opposite direction in order to make a right turn in. The
question, our the statement that's made by the question, is true. But, it `
ignores the fact...
Cocmnissioner Plummer: Off{.
Mr. Turner ...that we have garages on both sides of the street.
Kayor Clark: All right. All right, what is the pleasure of this Ccmnission
that'son this body with 12 minutes left to 9 o'clock? Make a motion.
Somebody make a motion. You've heard an hour and a half of this testimony.
Canmissioner De Yurre: Let me try, Mr. Mayor.
Mayor Clark: All right.
Commissioner De Yurre: In analyzing what has been said here for more than an
hour, one of the things that has not been said, because you just... there is a
factor here of adding, you know, 1700 spaces or seats, that multiplies into
"X" 'number of parking spaces, and we assume that those are going to be full
100 percent of the time. Now, you take the ones in Cocowalk and you add those
spaces that are available there or the human factor of being... going to
Cocowalk. I don't believe that what's going to happen is that all of a sudden
now you are going to have "X" thousands of additional people coming to Coconut
Grave. I believe that what's going to happen to a great degree is that people
that go to Coconut Grove nowadays - for example, I go there on weekends — will
have more choices. There are 26 movies screens. I don't know if there are 26
movies going on at once that can be filled to egin with. But, even if it's
so, what is telling me is that instead of going to Cocowalk to watch the movie
can go now to Mayfair and watch something else. I'm still the same '
individual that now has more choices. I can go to Dan Marino's, or I can go
now to Planet Hollywood. So, I believe, yes, theme may be more because there
is more... there is more attractions there, but, it's not to the degree of the
fear factor that we are hearing at this point in time. I'm looking at what
the issue is, which is the raising of the roof, and we can go through all
these different' factors that we see... that we are looking for, that would
Impact in the community by raising that roof. But, I am, from listening to
what has been said here tonight, and then from my own point that I just made
about having just more choices, I'm ready to vote favorably for the Mayfair
expansion. So, I would move that, at this time, that we deny the appeal.
Mayor Clark: All right. Is there a second to the motion?
Commissioner Gort: Before seconding the motion, let me ask a question. My
understanding is of all of those recommendations...
CmTrdssioner Plummer: You got to second it first for discussion.
123 February 24, 1994
5760
4
tip. l
dijiliiissioner Dorts ...that you have here. Let me second for discussion. All
j
of the . recaRnerydattons that :you have here, one of them here says, '"ilia
sidewalk should' be..." is this going to be orshouldbe?
}
Mr: Rodriguez: I'm sorry.
Camuissioner Dort: These requirements that you are asking in here on these 15
Pages that you have here.
Mr. Rodriguez: These are incorporated as actual conditions.
Oonntssioner (fort: This is actual conditions you have to ccmply with?
W. Rodriguez: Right. Right.
l
Commissioner Gort: - Thank you.
Commissioner. Plummer: If they violate any one of those conditions, are you
then go to pull their CO (Certificate of Occupancy)?
Mr. Rodriguez: Well...
Cmudssioner Gort: They have to.
Mr. Rodriguez: ...let me tell you with this so I can clarify it. To all
these are the conditions that we impose. In some cases it will require
permits. from different agencies, you know. And that's predicated on that...
an that principle. So, if there is something that cannot be worked out
specifically, I guess the point would be, if it is a major issue, we'll baring
it,back:to you. If it's not a major a issue that we believe we can resolve,
we try to resolve it.
Commissioner Plummer: That's not my point. If they, for ewnple, are
pruwiding police to direct the traffic, and they don't provide it, will that
autanatically pull their CO?
Mayan Clark: Shut it down.
Mr. `Rodriguez: They will be in violation of the ordinance, or of the
approval. So,;at -that time, we have to go through the enforcement process.
..
..
Commissioner Plummer: The what?
Mr. Rodriguez: Enforcern_nt. The only way we can pull out the M...
tt
Camtissioner Plummer:Are you telling me Code Enforoecment?
Mr. Rodriguez: Right.
Commissioner Plummer: The useless department?
Mr. Rodriguez: It's not a department.
`
Mayor Clark: All right. What else we have?
124 February 24, 1994
Commissioner Plummer: No, that's... Mr., Mayer, you know, it's nice to
promise. CSC. And if you live up to your promises, it's even nicer. But, if
you don't live up to your promises, then it's a monstirosity. Now...
-Mayo= Clarkt But, there is a condition.
Commissioner Plummer: Well, that's what I want then to agree to. I`got two
Provisions. ZNwber one, that I am going to increase the additional need of
parking 2 spades to 250. I'm going to demand that a Performance Bond,
that if they do not pay that amount of money... and I'll ask you, Mr.
Rodriguez, what is a legitimate kind of a bond? Half a million dollars? That
if they don't provide that money, and they run Venezuela, then we get the half
a million dollars to use to buy parking for which they were granted the
exception. Now, those are the two area that I'm concerned that they got to
provide. They just got to provide protection to the Grove. And, as far as I
am concerned, that's the kind of protection that I think it needs to be
provided.
Mayor Clark: Put that in your motion, Mr. De Yurre. Mr. Dort.
Commissioner Gort: I'll accept this.'
Mayor Clark: All right. Any further...
Cam dssioner Plummer: Well, you better ask them if they accept it.
Mayor Clark: Well, they better. That's your condition.
Commissioner Gort: Let's... Let's see...
Commissioner Plummer: No, that's up to theca. I mean... You knave, because if
the don't accept it then I move to deny.
Mr. Traurig: Commissioner, I'd like to see if I understand in whether or not
we can analyze it differently. I think... what you are concerned about is a
legitimate concern, and that is will a failure to pay whatever the. parking
waiver calls. for, you know, have an adverse impact upon Coconut Grove? We
would. be... I think, we would understand if what the Commissioner wanted .to
a=vplish is that certain uses had to be evaded during the period that there
was a failure to pay. Tb increase what has been city-wide mandate, and that
f is the... first of all, the analysis of how many parking spaces one assured
} and what the cost per parking space is, to change that in connection with a
single application rather than to change the ordinance or to change the
regulation applicable to all people, I think, probably, is not what you wanted
to accomplish. You wanted to make sure...
i Commissioner Plummer: You are wrong.
( Mr. Traurig: ...that we didn't impact...
Commissioner Plumper: Bob, you are wrong. I'm saying that I think that they
j` need to provide more. This is a conditional use. And we can attach any
E conditions...
1
125 February 24, 1994
f
Nlr. gauri9: This is not a conditional use,
Commissioner Plummer.- ...to this we want. Excuse me. A special exception? '
f
2
Ms. Maer:- It's a permit appeal.
Commissioner Plummer: Permit. I'm sorry. I'm told by the legal
that I Can eg department
Ply any conditions I want to.
Mr. Traurig: It's a special SB-2 permit.
Commissioner Plummer: C)K. Now. But, I'm saying is... I think they need to
go further than the 202, and I think that I have to have some assurance that
if sa:rshere down the line this matter goes under, that those parking spaces
they agreed to by getting this additional use is
going to be paid for. That's
what I'm looking for. Just that simple, Bob.
Commissioner De yurre: J.L.
Commissioner Plummer. Whether it's a performance bond, a cash bond, whatever
it's... You know,
whatever is fair to assure this City that you are always,
as long as you are going to be operating. there, that you are in fact going to
PaY'that. fee. Because that fee, Mr. Mayor, Mr. Gort, that fee'was established
*_this Cc mission ' so that hopefully the day, will come and
came
where .we can startin some 'Y:
g property and in the
Grove which doesn't exist today.
Mayer Clark: Hold it, Bob. You need 911 out there or what? I thought
somebody
had fainted.
Mr. Rodriguez: Commissioner Plummer.
Camlissioner Plummer: Sir.
`.
Mr. Rodriguez: If I understand correctly, what you are saying...
"Y that '�Y have to provide 48 additional parking spaces. Y Y acre
J
Commissioner Plumper; Tw hundred and fifty, if that's... yes.
{
Mr. Rodriguez: Equivalent in payment of fee..,
{
Commissioner Pluxcmer: Thata cozrect, sir.
f
Mr. Rodriguez: ...in lieu of parking.
Commissioner Plummer: That's correct, t, sir.
{
Mayor Clark: Yes.
Mr. Rodriguez: And a bond too.
Commissioner Plucmmar: Well, I'll leave it up to you.
i
126 February 24, 1994
Mr. Traurigs May I give you another idea?
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Please
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Co mi.ssioner Plumer: Victor. Victor, I understand what you are saying, OK.
Mayor Clarke Well, is there a second, please?
Ccamissioner Plunrrer: No, I'll make another motion as soon as you are ready.
Vice Mayor Dawkins: We got to let this one die first.
128 February 24, 1994
s
cartm3 simmer Phameer: That's what I'm waiting for, sir. E
)%yor Clark:. All right. Another motion is in order. f
%bat `
• that this be approved. .the
commissioner Plummer: Mr. Mayor I move
matter.be boosted to 250 spaces. I am to by staff that a bond of $250,000,
'
which is=what would be necessary, would cost the applicant approximately
$25000 a year. I'think that's reasonable. And as far as I am concerned, ;
that is my motion, sir.
Mayor Clarks Is there a second? That sounds good -
commissioner Gort: I'll second to see if they accept.
Mayor Clark: All right. Calf the roll.
7HEREUPC)N MOTIC K DULY MADE BY OMMSSICNM pU24M AND
SDOU�IDED BY MIISSICI�it OURT, ITEM PZ-7 FAILED BY TO
FOQ�TAWING VOTE:
AYES: Commissioner Wifredo Curt
c amdssioner J.L. Plummer, Jr.
NW: Commissioner Victor de Yurre
Vice Mayor Miller J. Dawkins
-.
Mayor Stephen P. Clark
ABBOT: None.
COMMENTS MADEDURING ROLL CALL:
Vice Mayor Dawkins: The notion will probably carry, but I think there's too
MY theatres. I ; vote. no.
carom MADE AFTER RML CALL:
Commissioner Plummer:C'est la vie.
Mayor Clark; .It's a motion?
Ms Matty Hirai (City Clerk): Fails three to two.
Mayor Clark: Another motion neoessa=Y.
Commissioner Plummer: Tried both ways. Mr. Mayor, I move :that this matter be
We'�
deferred until the next mseting. I don't know what else we can do.
tried everything. i
Mayor Clark: Can you do that, Madam Clerk?
Commissioner Plummer: Sure you can, time certain for more information. I
need more information, Mr. Mayor. Time certain for March 24th.
'
129 February 24, 1994
}
i
YS
secorriedby CcMdasioner Plummer, the resolution was passed
and following vote:
=d*b�&
f
1.
AYES: Ctm dssioner Wifredo` Gott
Commissioner J. L. Plummer, ire
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
I�YS: None.
ABSENT: Commissioner Victor De Yurre
---------- ---------------- --------------------------------
20 (Continued - Discussion) ALTACATE $20, 000 FOR SPONSORSHIP OF 'III Yam
CIRM WR= CF AMOUCA PROMM (FRGM LETF) . ( See label 6 )
Commissioner Plummer: Mr. Mayor, I have two items. -
Mayor Clark: J.L. can we work on these two bond issues?
Cmnissioner Plummer: Sir, as long as you'll do these two items, I'll wait.
air.
Mayor Clark: Do it. What have you got?
Commissioner Plummer: We Mayor, the one I brought UP before. A resolution
allocating; funding for the sponsorship of the Youth Crime Watch of America
program at a cost not to exceed $20,000. Funding to be Provided to the Law
Enforcement Trust...
Vice Mayor;Dawkinss So moved.
CmTdssioner Plum=: ...Fund.
Vice Mayor Dawkins: So Wved•
j
Crnmissioner Plummer: It has already been approved, and I second.
1.
Mayan Clark: Moved and seconded. Cast a unaninaus ballot, Madam Clerk.
i
I
1994
134 February 24,
,
A
1
ryy(T"'/"S
1.
L
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
S
RESOLUTION NO. 94-134
A RESOLUTION AUIWRIZING THE SPONSORSHIP OF THE YOUTH
CRIME WATCH OF AMERICA PROGTtAM AND ALLOCATING RJNDS
THEREFOR, IN THE AN9 M OF $20, 000, FROM UM LAW
j
ENFORCEMENT TRUST FUND, S[1137EC,'T TO SAID EXPENDITURE
t
BEING, CERTIFIED BYTHECHIEF OF POLICE AS COMPLYING
WITH FIORIDA STATUTE 932.7055.
(Here follows body of resolution, anitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS:None.
ABSENT: Commissioner Victor De Yurre
21. AUTHORIZE DORTMruT1 DEVELOPMENT AUJWRITY (TEA) Ta EXPEND $60,000 Ow OF
PRIOR TOTAL ALLOCATION OF $270,000 (FRCM 18TH AND 19TH YEAR CC UNITY ,
DEVELOPMETYP HT= GRANT (CDBG) MMIES] EARMARKED FOR FZAGLER CORE AREA
ENHANCE=PROJE(Tl'S -- REMAINDER OF THE MONEYS M BE ALLOCATED AT THE '
NEXT MEETING.
-------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I ask for item 43 of the last agenda, the
18th and 19th year of CDBG (Community Development Block Grant) of $270,000 for
DDA (Downtown Development Authority), that $60,000 be granted at this time,
!
and the remainder carried over to the next agenda. I so move.
Vice. Mayor Dawkins: So moved.
Commissioner Plummer: Second.
135 February 24, 1994
z
4
9
ri
Mayor, Clark: Cast a unanimous ballot, Madam Clerk.
,.
s
The following resolution was introduced by Vice Mayor Dawkins, who moved
1
its 'adoption:
RESOLUTION NO. 94-135 f
A RESOLUTION, WITH ATTACHMENT, APPROVING AND
AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA")
OF THE CITY OF MIAMI, FLORIDA, TO EXPEND FUNDS IN THE
AMOUNT OF SIXTY THOUSAND DOLLARS ($60,000)-FROM THE
EIGHTEENTH AND NINETEENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG"),ALLOCATION FOR FLAGLER CORE AREA
ENHANCEMENT PROJECTS, AS DESCRIBED ON EXHIBIT
ATTACHED HERETO.
(Here follows body of resolution, omitted here and on
-file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
if
I
---------------------------- -------------------------------------------------
22. CITY CCrMISSION EXPRESSES SUPPORT FOR HB 103 IN CONNECTION WITH PROPOSAL
BY FLORIDA CONSORTIUM OF URBAN LEAGUE AFFILIATES FOR STATEWIDE CRIME
PRMMNTION / INTERVENTION PROGRAM.
------------------------------------------------------------------------------
Mayor Clark: We have... Please! We have a resolution, pocket resolution,
concerning House Bill 1503 (sic) by Mr. T. Willard Fair who approached me
yesterday to_get ,this... at least our support for it.
�a
Vice Mayor Dawkins: What is it?
Mayor Clark: It's a... here, I'll give you copy of it.
i'
136 February 24, 1994
f
Carmissioner`Gort: The Black Caucus...
Mayor Clark: Supporting a Bill.
Commissioner Plummer: Second the motion.'
Mayor Clark: Cast a unanimous ballot. Madam Clerk, I'll give you a copy of
this, you can transmitted up to... Now listen! Just a second, fellows.
The following resolution was introduced by Mayor Clark, who moved its
adoption:
RESOU]TION NO. 94-136
A RESOLUTION OF THE MIAMI CITY CCMUSSION EXPRESSING
ITS SUPPORT OF FLORIDA HOUSE BILL 103 (HB 103) AND
FLORIDA SENATE BILL 2142 (SB 2142), AND URGING THE
MEMBERS OF THE FLORIDA STATE LEGISLATURE TO ADOPT THE
APPROPRIATE LEGISLATION RELATING TO SAID BILLS,
THEREBY ESTABLISHING A STATEWIDE CRIME PREVENTION AND
INTERVENTION PROGRAM, TO BE OPERATED BY THE FLORIDA
CONSORTIUM OF URBAN LEAGUE AFFILIATES; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Cammissioner Wifredo Gort
-
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
�"
137 February 24, 1994
'.------------------------
_- - - - - ----- - PAL EC,EGTICN ON
CI
T To IiOIDII+IG OF SP�7CIAt, DU
f
30 ALMMIZE ISMANCE (SUBJF ARTERS
} of $28, 000, OOa POLICE Ate
$, 1994 CRIME
SEPTF
PRESMICN FACILITIES BMW -- FMCC7NSTR Ti OF NEW FACILITIES. ; t
Mayon Clark: Madam'Attorney. on item... First reading
Vice Mayor Dawkins = No, second.
Mayor clark: Second reading. The ordinances.
Mr Cesar Olio (City Eger}: Yeah. Yeah, it's on the bond, MrMyo is a
Sth is C�cmnission. , .
need' to inform you that September the e the
meetinc! that I don't know if you may want to change
I.••
t�o�mtission ,day'•
Casm:ission meeting because of the elections, or just let it go.
Mayor `Clark: September the Sth?
Mr. Odio: It... Yes, sir.
Mayor Clarks We need to call for a special election.
is a regular c=mty election that day.
Mr. Odio: There
rs
A. QuiM Jones III, Esq. (City Attorney): But ouis a special.
Mr. odic: But, curs would be special.
Commissioner Plum r: No...
Mayor Clark: You want to hold up on these then, Cesar?
Mr. Odio: Sir.
hold on these until the 24th of Marsh?
Mayor Clark: Do you want to
CaMdssioner Plummer: I think you shoulde
ahead and do the ordinance today, and With the
Mr. olio: No, I rather go change the Commission meeting dots.
&egtenUer 8th date, and we can always
Mayor Clark: All right. Madam Clerk, read the ordinance.
Commissioner Plummer: But, wait... That B ryot what you told me. You told me
`s to be a date certain.
that the Bond Counsel said that there got
MSC• Jones: Which it is . Septx�ml�er 8th.
r
Mr• olio: September the 8th.
Coimmissioner Plumper: CK•
138 February 24, 1994
S
+,z
We Jones:. The legislature has just changed the date which was originally
giber 6th, it is September 8th now- I
Mayor Clark: All right, calla.'. Read it into the record.
'l MEUPCN, THS CITY ATIC�'Y READ THE ORDII�,I�E IPTIO TIC PUBZIC
gDppRD, BY TITLE CMY.
Mayor, Clark: This is only a first reP►dinq, Manuel.
Mr Manuel Gonzalez-C�oei�aga : Oh, no public hearing yet •
Mayor Clark: No, no.
C3armissioner Plummier: This is first reading, right?
Mayor Clarks 'Motion anda second. Motion by...
Commissioner Carts Gort.
Vice Mayor Dawkins:' I move. Second for discussion.
Mayor Clarks Yes.
Vice Mayor Dawkins: Mr. Manager, _when you educate the public, I want You to
in educational materials exactly how much money.will be spent.for what.
put
CAmnissioner Plummer: Oh, oh!
Mayor Clark: Has; to be... Has to be listed.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: ,OK. That's number one.
Commissioner Plummer:' Commissioner Dawkins.
Vice.Mayor Dawkins: Number one...
Mr. Odio: Yes, sir.
'Vice Mayor Dawkins: Number one Then I want you to tell me why it's
land when everyday I hear you
r>ecessaxy for the acquisition of any necessary
say we land to sell. If the City of Miami has land to sell, why are You
buying other land? Ew able to tell me that. All I need to know.
Commissioner Plummer: Yeah.
Mayor Clarks All right, fine.
Commissioner Plummer: All right. Mr. Mayor.
Mayor Clark: Call the roll.
139 February 24, 1994
Oonmiasioner Plummer: I want... I want this, as you said at the last meeting,
air.. that the public understand, and the Police Department, and this City
Catmission is bound by...
Mayor Clark: That list.
Carmissioner Plummer: What I have marked as exhibit one with my initials 3s,
varidated. And they cannot change in any way.
Mr. Odios Yes, sir.
Mayor Clark: Absolutely,- that's a...
Ccrirtissioner Plummer: All right, sir. It's got to be understood...
Mayor Clark: That's written into...
Commissioner Plummer: ... and I'll give this to the Clerk.
Mayo= Clark: ...that's written into the ordinance.
Mr. Odio: By the way CamnissioneZ8...
Mayor Clarks Call the Troll, Madam Clerk.
AN 0f3INANCE AUTHORIZING Tim ISSUANCE, SUBJECT To THE
ELECTION HMIN PRMmED FOR, OF $28, 000, 000 POLICE
HE;AIXQCiA►FdE"RS AND CRIME PREVENTION FACILITIES BONDS OF
THE CITY OF MUM, FLORIDA, FOR PURPOSE OF PAYING
THECOSST OF POLICE AND CRIME PREVENTION FACILITIES IN
THE CITY OF MIAMI, FLORIDA ("RiE CITY"), 3TK7MIW THE
RENOMION OF THE POLICE HEADQUARTERS BUILDING AND
At3QUISITION OF PROPERTY ADJACENT ZHERFFMTO, THE
ACQCiISITION AND INSTALLATION OF C"UNICATION AND
OWER EQUIPM M FACILITIES, THE PROVISION OF
(�I
FACILITIES FOR TRAINING, PROPER"I'Y SMRAGE (STORIM AND
sAFEGiARDiNG II JN[?ED vaiICLE.S, WEAPcNS, INS'I' I5
,.
AND RECORDS, AND MATERIALS HMD AS EVIDENCE) AND OT M
POLICE RWOSES AND THE ACQUISITION OF ANY NECESSARY
LAND_ ;AND t7 IM EQUIYT+iW, PFUMING FOR THE DENY AND
OCt�i'ION OF AD VAIAREM 'FAXES TO PAY SUCH BONDS,
PROVIDING FOR THE HOLDING OF A SPECIAL MUNICIPAL
ELEC;TTION IN THE CITY OF MIAM I FL,ORIDA, ON SEPTEMEM
81 1994, WITH RESPECT TO THE ISSUANCE OF SUCH BONDS.
140 Feb=azy 24, 1994
i
t +
Was introduced by Commissioner Gort and seconded by Vice Mayor Dawkins
and was passed on first reading, by title only, by the following vote:
AYES: Co mi.ssioner Wifredo Dort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Carmi.ssioner Victor De YUrre
---------------------------------------------------------
24. AUIHORIZE ISSUANCE (SUBJECT TO H=ING OF SPECIAL MUNICIPAL ELECTION CN
SEP IEMBER 61 1994) OF $25, 000, 000 FIRE FIC3IrING, FIRE PREVENMQd A8ID
RESCUE FACILITIES BONDS -- FOR CONSTRUCTION OF NEW FACILITIES. -'
Mayor Clark: Next item.
Ommiissioner Plummer: Now, on the Fire Department, I don't have the like, and
m
I will demand that before the second reading the Fire Department has to give
me exactly the same piece of Paper as provided by the. Fire, which they are
bound by, they cannot change, and they are limited to that if it passes in the
bond issues.
Mayor Clark: The Chief said he could do that very easily.
Mr..Cesar Odio (City Manager): Now, Commissioner. Right now you will have
it,
Mayor Clarks Read the ordinance. Motion by Mr. Gort, seconded by. Mr.
Plummer. Call the roll, Madam Clerk.
i
141 February 24, 1994
to r
k<<
t
AN CRDINWcE 14 )I'HmznG THE ISSUANCE, SUHJECr THE
ELDG'rION izREIN PROVIDEDFOR, OF ;25, 000, 000 FIRE
FIGHTING, FIRE PREMMON AND RESCUE FACILITIES HC1[W5
OF "
op TIC CITY OF MVW, FMRIOA, FCFi THE PURPOSE
PAYING Tm COST OF FIREFIGHTING, FIRE PREVENTION AND
RESCUE FACILITIES IN THE CITY OF MIANa INC31mING
,.
....,
CONSTK)CTION AND IMPFDVEMENT OF FIRE STATIONS AMID
NlIFICATICN AND
FACILITIES,,ACQUISITION,
REbURBISEIME OF RESCUE UNITS AND FIRE APPARATUS,
ACQJISITICN AND INSTALZATICN OF
COMNd.ID1ICATIC K AND INE�Odu►TICN SYSTEMS,
IMPROVEMENT OF FIRE TRAINING FACILITY, ACQUISITION Cat
MODIFICATION OF FIRE, RESCUE, Erb MEDICAL AMID
SAFETY EQUIPMENT', AND THE ACQfJISITIt�1 OF ANY NECESSARY
LA!M AND OniER : EWIR01r, PROVIDING FOR Um IZVY AMID
COLLECTION OF AD VALOREM! TAXES TO PAY SUCEi BMW,
PROVIDING FOR TIC i�lC wnp OF A SPECIAL MUNICIPAL
ELECTION IN THE CITY OF MIW , FLORIDA ON SEPIUMM 8 •
1994, WITH RESPECT TO TIC ISSUANCE OFStUCIi BOI�5.
Was introduced by Cc mi.ssioner Dort and seconded by Commissioner Plug
And was ,passed on first reading. by title only, by the following vote:
AYES: Co miissioner Wifredo Gort i
Ccamissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS • None.
ABSENT: Caamdssioner Victor De Yurt+e
OCrgg3dl5 MADE DURING ROEL CAM:
Vice Mayor, . Dawkins: Can first. reading, yes. But,, I got a lot of problem on
the second reading.
`
CCMN�TIS MADE AFTER RCS+ CALL:
Plummer: Well, I 11 tell you there is a lot of foolishness
Cmui.ssioner '
there. You are obligating your grandchildren.
Mayat Clark: All right. Other matters?
' children, Canmissioner.
Mr. olio: You don t have any gr'�
Vice Mayor Dawkins: I wave we adjourned.
Catmissionecr Cart:Second.4
Commissioner Plummer: What? What was that?
Cmvdssioner Gort: We are adjourned•
142 February 24, 1994
v
. _. �.,, �